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PZ Packet 06012022
CITY OF AMMON 2135 SOUTH AMMON ROAD PLANNING AND ZONING COMMISSION MEETING WEDNESDAY, JUNE 1, 2022 7:00 P.M. AGENDA THIS MEETING WILL ALSO BE HELD VIA ZOOM TELECONFERENCING. PLEASE JOIN THE MEETING BY USING THE INFORMATION BELOW. §³³¯²Ȁȝȝ´²ΏΑ¶¤¡ȁ¹®®¬ȁ´²ȝ©ȝΑΏΗΕΐΑΓΏΏΏȈ¯¶£ώ£ΐ.&,ΐ1µ-Ώ.02¬6Β642²9¬.±¡¨³5:¹ΏΘ MEETING ID: 208 612 4000 PASSWORD: 26666 Phone-in Number: 1 669 900 6833 CALL TO ORDER: Chairman Nick Torman Pledge of Allegiance: Kristi Carlquist MINUTES: May 4, 2022 PUBLIC HEARINGS: 1. 2021-032 Comprehensive Plan Land Use Map Amendment (21st Street to 1st Street) CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2,2022 and MAY 4, 2022. 2. 2021-030 Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022 and MAY 4, 2022. 3. 2022-011 Cook Property Annexation with initial zone of R-1 4. 2022-014 Wright Property Annexation with initial zone of RP 5. 2022-005 Rowley White Amended Conditional Use Permit ACTION ITEMS: 1. Action on Comprehensive Plan Land Use Map Amendment 21st Street to 1st Street CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 2. 2021-032 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 3. 2021-032 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 4. Action on Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 5. 2021-030 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 6. 2021-030 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 7. 2022-011 Action on Cook Property Annexation 8. 2022-011 Recommendation for additional public hearing 9. 2022-011 Adoption of Reasoned Statement 10. 2022-014 Action on Wright Property Annexation 11. 2022-014 Recommendation for additional public hearing 12. 2022-014 Adoption of Reasoned Statement 13. 2022-005 Action on Rowley White Amended Conditional Use Permit 14. 2022-005 Recommendation for additional hearing 15. 2022-005 Adoption of Reasoned Statement CALL FOR ADJOURNMENT: Individuals needing accommodation due to disability must contact City Hall no later than 1:00 P.M. the day before the scheduled meeting to arrange assistance. CITY OF AMMON 2135 SOUTH AMMON ROAD PLANNING AND ZONING COMMISSION MEETING WEDNESDAY, MAY 4, 2022 7:00 P.M. AGENDA THIS MEETING WILL ALSO BE HELD VIA ZOOM TELECONFERENCING. PLEASE JOIN THE MEETING BY USING THE INFORMATION BELOW. https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 MEETING ID: 208 612 4000 PASSWORD: 26666 Phone-in Number: 1 669 900 6833 CALL TO ORDER: Chairman Nick Torman Pledge of Allegiance: Kristi Carlquist MINUTES: April 20, 2022 PUBLIC HEARINGS: 1. 2021-032 Comprehensive Plan Land Use Map Amendment (21st Street to 1st Street) CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2,2022 2. 2021-030 Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 3. 2022-007 Denney Property Annexation with initial zone of LC/PB 4. 2022-012 Kartchner Comprehensive Plan Land Use Map Amendment 5. 2022-013 Kartchner Rezone from C-1 to R3-A ACTION ITEMS: 1. Action on Comprehensive Plan Land Use Map Amendment 21st Street to 1st Street CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 2. 2021-032 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 3. 2021-032 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 4. Action on Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 5. 2021-030 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 6. 2021-030 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 7. 2022-007 Action on Denney Property Annexation 8. 2022-007 Recommendation for additional public hearing 9. 2022-007 Adoption of Reasoned Statement 10. 2022-012 Action on Kartchner Comprehensive Plan Land Use Amendment 11. 2022-012 Recommendation for additional public hearing 12. 2022-012 Adoption of Reasoned Statement 13. 2022-013 Action on Kartchner Rezone from C-1 to R3-A 14. 2022-013 Recommendation for additional hearing 15. 2022-013 Adoption of Reasoned Statement DISCUSSION ITEMS: REPORTS: City Council Cindy Donovan City of Idaho Falls Cindy Donovan Traffic Commission Cindy Donovan Parks and Trails Commission Cindy Donovan Pool Commission Jay Danielson Bonneville County Tom Hunsaker CALL FOR ADJOURNMENT: MINUTES Commission Members Present: Commission Members Absent: City Staff Present: Vice Chairman Bond Eslinger Chairman Nick Torman Planning Director Cindy Donovan Commissioner Josh Rydalch Commissioner Patrick Malone Assistant City Engineer Morgan Stewart Commissioner Jay Danielson Commissioner Kristi Carlquist Administrative Assistant Shari Ockerman Commissioner Debra Clapp Commissioner Chris Schmalz Commissioner Jason Randall Planning and Zoning Minutes 05.04.22 Page 1 of 6 CALL TO ORDER: Vice Chairman Eslinger opened the meeting at 7:00 p.m. Commissioner Clapp led the Pledge of Allegiance. MINUTES:April 20, 2022 Commissioner Clapp moved to approve the April 20, 2022 minutes, as presented. Commissioner Schmalz seconded. The motion passed, 7 in favor and 1 abstain (Danielson absent) by voice vote. PUBLIC HEARINGS: Eslinger read a prepared statement regarding Public Hearing process and opened Public Hearing 2022-007. 1.2021-032 Comprehensive Plan Land Use Map Amendment (21st Street to 1st Street) CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2,2022 2.2021-030 Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 3.2022-007 Denney Property Annexation with initial zone of LC/PB Compliance - Request is in compliance with the Comprehensive Plan, Comprehensive Plan Land Use Map, and Title 10, Chapter 4 Summary of Analysis 1. Comprehensive Plan Land Use Map designates the area requested to annex as Light Commercial 2. Comprehensive Plan Chapter 6: Comprehensive Plan is based on projections, assumptions and predictions about future conditions. Future conditions may deviate from expectations and the City should review and amend this plan to meet actual conditions. 3. Chapter 10, Page 20: As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. 4. Chapter 10, Page 22, Item 5: Preserve and protect the major transportation corridors in Ammon and enhance the experience of the visitor and resident by ensuring such corridors are attractive and inviting. 5. Chapter 10, Page 22, Item 6: Protect the public investment in major transportation corridors through land use decisions which discourage strip commercial development; discourage mid-block commercial uses except on designated arterial roadways; require, when necessary due to anticipated traffic demand, traffic studies and related improvements; control highway access; and use landscaping to beautify as well as control traffic movement. 6. Chapter 10, Page 23, Item 9: Establish land use patterns which build on existing water and sewer facilities. 7. Chapter 10, Page 23, Item 10: Link homes, schools, parks and shopping areas with bicycle and pedestrian paths. Consider using sensitive lands in such linkages. 8. Chapter 10, Page 25, Item 15: Locate commercial and higher density residential uses at or near intersections of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. 9. Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 10. Chapter 10, Page 29, Item 1: Neighborhood centers should be located in clusters at the intersections of arterial streets. Since they serve the immediate residential area, they may be located at intersections with minor arterials or with major collectors. 11. Chapter 10, Page 29, Item 2: If neighborhood centers are located at the major arterial intersections, pedestrian access to the neighboring residential areas should be provided to allow residents to shop without having to use the arterial street to access the shopping area. 12. Chapter 10, Page 29, Item 3: Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization most current Access Management Plan. 13. Chapter 10, Page 29, Item 4: Shopping areas adjacent to residential areas should be required to use exterior lighting designs that shield the residential area from light pollution, as well as using fencing and landscaping to reduce noise from commercial areas 14. Title 11 Chapter 1, Section 7: Submittal Requirements for Annexations less than ten (10) acres allows for the Administrator to waive any of the application requirements listed in Section 11-1-6 at their sole and absolute discretion based on the size, scope, complexity, relevant previous studies, relevant previous applications, and known impacts of the proposed annexation. See complete Title 11 information attached. Parcel Characteristics - General Location: north of Sunnyside Road, east of Niel Drive, south of Mason Street, west of 45th East (Crowley Road) Planning and Zoning Minutes 05.04.22 Page 2 of 6 - Acres: 1.02 acres - Current Zoning: Bonneville County Ag Homesite Land - Requested Zoning: LC/PB - Approval of annexation of 1.02 acres with the initial zone of LC/PB - Presented by Jed and Shellie Willardson Notice - Notice was published in the Post Register on April 1, 2022 and April 8, 2022 - Notice was mailed to 19 property owners and 20 public entities on April 1, 2022 - Property was posted on April 27, 2022 - Public Comment: No written public comment was received Applicant: Jed Willardson, 5265 Owens Street, Iona, ID, want to open a soda shack at that location. The property owner has requested the annexation. No additional public comments were presented. Eslinger closed the hearing and opened 4.2022-012 Kartchner Comprehensive Plan Land Use Map Amendment Compliance - Request is in compliance with the Comprehensive Plan but is not in compliance with the Comprehensive Plan Land Use Map - Applicant is making the request to amend the Comprehensive Plan Land Use Map Summary of Analysis 1. Current Comprehensive Plan Land Use Map shows the property as Light Commercial based on the current zone 2. The proposed area would generate traffic towards Curlew Drive, a major collector and 1st Street, an arterial, in compliance with Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets. st 3. The proposed area is adjacent to 1 Street, an arterial, in compliance with Chapter 10, Page 25, Item 2: High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. 4. The proposed area is within 426 feet or .08 miles from the closest location that sells groceries. When Curlew Drive is completed, it will be one-half mile from Wal-Mart. 5. The proposed area is within one-half mile of Bridgewater Park with pedestrian access from the sidewalk on Curlew Drive or the trail system along Sand Creek. 6. In compliance with Comprehensive Plan Chapter 9, Page 19: Criteria was developed for the placement of high-density housing and may be found in Title 10 Chapter 5 Section 27 of the City of Ammon Code. - Located directly on an arterial (A-1) - located on 1st Street, an arterial - Development does not require access to an arterial through a lower density development (A-3) - Subject to Design Review and maximum density requirements (A-4 and A-5) - Development must be a minimum of 4 acres (D-2) - project is 10.90 acres - May not exceed 200 units total per development (D-3) - Located within a quarter mile of grocery shopping (D-4) - 0.08 miles from Good 2 Go - Privately owned green space - required (D-5) - Located within a one-half mile of public city park (D-6) - 0.50 miles from Bridgewater Park and 0.25 miles from Tiebreaker Park when Curlew Drive intersects with 1st Street - Building setback subject to technical review (D-7) 7. Comments from Bonneville School District 93, Bonneville County Fire District, Bonneville County Road and Bridge, the -8) - received responses attached with packet Parcel Characteristics - General Location: north of 1st Street, east of 25th East, south of 14th North, west of North Curlew Drive - Acres: 10.90 acres - Zoning: Light Commercial - Approval of request to amend the Comprehensive Plan Land Use Map from Light Commercial to High Density Residential - Presented by Dan Larsen, Kartchner Homes Notice - Legal Notice was published in the Post Register on April 15, 2022 Planning and Zoning Minutes 05.04.22 Page 3 of 6 - Notice was mailed to 20 public entities on April 15, 2022 - Posting is not required, property was posted with Public Hearing #2022-013 on April 27, 2022 - Public Comment: Received comments from four public entities, no other comments were received Eslinger opened the Public Hearing. Applicant - Dan Larsen, 601 West 1700 South, the project requirement for the site. The public entities did not have any comments or concerns. The project will include townhomes or three story apartments. The owner has not decided. There has not been any commercial interest in the property. Opposing Testimony Martie Sandell, 368 Beulahs Lane, has concerns of excess traffic. The streets are already hard to turn on to. The development will exacerbate the situation. Concerned about excess traffic on 1st Street leading right on Hitt Road north. Residents currently living in Eslinger closed the public hearing and opened the discussion. The Commissioner discussed the effect the development would have on 1stStreet traffic. Eslinger reopened the public hearing. st Larsen stated Kartchner has already provided a lane along property on 1 Street to help with the traffic flow. Eslinger closed the public hearing and opened the discussion. 5.2022-013 Kartchner Rezone from C-1 to R3-A Compliance - This action is in compliance with the Comprehensive Plan and 10-5-27, High Density Location Criteria. - This action is not in compliance with the Comprehensive Plan Land Use Map. The applicant has made a request to amend the Comprehensive Plan Land Use Map. Summary of Analysis 1. Current zone is C-1 2. Rezone to R3-A would result in a loss of commercial property 3. Rezone to R3-A would allow for multi-family housing with up to 20 residential dwelling units per acre 4. Simplicity Park and the 1st Street Community detached homes are directly to the north with the Residences at First Street to the east - Comprehensive Plan Chapter 10, Page 22, Item 1: In new developments, density declines as development moves further away from arterial and collector streets, with higher densities transitioning to lower densities 5. The proposed R3-A project would generate traffic towards 1st Street, an arterial, in compliance with Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets. 6. The proposed R3-A project is adjacent to 1st Street, an arterial, in compliance with Chapter 10, Page 25, Item 2: High- density land uses are proposed adjacent to or near arterial roadways and commercial areas. 7. The proposed R3-A project is within 0.08 miles of commercial development and north of the Urban Renewal Area in compliance with Chapter 10, Page 25, Item 3: High-density residential uses should be located within walking distance of commercial developments. 8. Compliance with 10-5-27, High Density Location Criteria - Located directly on an arterial (A-1) - located on 1st Street, an arterial - Development does not require access to an arterial through a lower density development (A-3) - Subject to Design Review and maximum density requirements (A-4 and A-5) - Development must be a minimum of 4 acres (D-2) - project is 10.90 acres - May not exceed 200 units total per development - required (D-3) - Located within a quarter mile of grocery shopping (D-4) - 0.08 miles from Good 2 Go - Privately owned green space - required (D-5) - Located within a one-half mile of public city park (D-6) - 0.50 miles from Bridgewater Park and 0.25 miles from Tiebreaker Park when Curlew Drive intersects with 1st Street - Building setback subject to technical review (D-7) - Comments from Bonneville School District 93, Bonneville County Fire District, Bonneville County Road and Bridge, -8) - received responses attached with packet Parcel Characteristics - General Location: north of 1st Street, east of 25th East, south of East of 14th North, west of Curlew Drive Planning and Zoning Minutes 05.04.22 Page 4 of 6 - Acres: 10.90 acres - Zone: R3-A requested - Density: Maximum of 20 units per acre - Surrounding zones: R3-A, R-1 PUD with amended setbacks, CC-1 - Approval of rezone from C-1 to R3-A - Presented by Dan Larsen, Kartchner Homes Notice - Legal Notice was published in the Post Register on April 15, 2022 - Notice was mailed to 20 public entities and 39 property owners on April 15, 2022 - Property was posted on April 27, 2022 - Public Comment: Received comments from four public entities, no other comments were received Eslinger opened the public hearing Applicant - Dan Larsen, 601 West 1700 South, The rezone Neutral Testimony Tom Hunsaker, 2925 Carolyn Lane, The ordinance has cap of 200 units per development. Hunsaker asked if the existing apartments complex is part of this development? Opposing Testimony Martie Sandell, 368 Beulahs Lane, is still concerned about the traffic and two-lane bridge on 1st Street. Larsen encouraged Eslinger closed the hearing and opened the deliberation. The Commission discussed the intent of the R3A ordinance and the 200-unit cap per development. Donovan will follow up with the City attorney to obtain clarification regarding the language of the ordinance. ACTION ITEMS: 1.Action on Comprehensive Plan Land Use Map Amendment 21st Street to 1st Street CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 2.2021-032 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 3.2021-032 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 As per the staffCommissioner Danielson moved to continue the Comprehensive Plan Land Use Map amendment, Public Hearing 2021-032 to the June 1, 2022 meeting. Commissioner Schmalz seconded. The motion passed unanimous by voice vote. 4.Action on Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 5.2021-030 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 6.2021-030 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022 and MARCH 2, 2022 As per the staffCommissioner Clapp moved to continue the Flagship Homes Annexation, Public Hearing 2021-030 to the June 1, 2022 meeting. Commissioner Danielson seconded. The motion passed unanimous by voice vote. 7.2022-007 Action on Denney Property Annexation Commissioner Schmalz moved to recommend to City Council approval of the annexation of 1.02 acres with the initial zoning of LC/PB, finding it is in compliance with the Comprehensive Plan and meets the City ordinances. Commissioner Danielson seconded. The motion passed unanimous by voice vote. 8.2022-007 Recommendation for additional public hearing Commissioner Danielson moved an additional hearing is not needed for 2022-007. Vice Chairman Eslinger seconded. The motion passed unanimous by voice vote. 9.2022-007 Adoption of Reasoned Statement Commissioner Schmalz moved to provide the following findings to the City Council as the reasoning for the recommendation to approve. Commissioner Clapp seconded. The motion passed unanimous by voice vote. Planning and Zoning Minutes 05.04.22 Page 5 of 6 Findings for Recommendation: Benefit to the City to annex, location makes sense for commercial. It is in compliance with the Comprehensive plan land use map. Will enhance the experience of residents and visitors by ensuring corridors are attractive and inviting. Will build on current land use patterns with existing sewer and water infrastructure. 10. 2022-012 Action on Kartchner Comprehensive Plan Land Use Amendment Commissioner Schmalz moved to recommend approval to City Council of the Comprehensive Plan Land Use Map amendment; finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Commissioner Randall seconded. The voice vote was tied with 3 approvals and 3 opposed (Danielson the development will contribute negatively to traffic flow, too many high-density residential. Clapp same as Danielson and opposed to losing commercial zoned property. Rydalch - loss of commercial in City, traffic issues on 1st Street need to be resolved.) 11. 2022-012 Recommendation for additional public hearing - Commissioner Danielson moved an additional hearing is not needed for 2022-012. Commissioner Randall seconded. The motion passed unanimous by voice vote. 12. 2022-012 Adoption of Reasoned Statement Commissioner Clapp moved to provide the following findings to the City Council as the reasoning for the recommendation to approve. Commissioner Danielson seconded. The motion passed unanimous by voice vote. Findings for Recommendation: Pros: in compliance with Chapter 9, page 19 for high density housing, Chapter 10, page 25 subject st property is adjacent to an arterial road. Cons: Current condition of 1 St. and traffic concerns. Loss of commercial property, and the potential tax loss. Concern of potential higher crime due to high density. 13. 2022-013 Action on Kartchner Rezone from C-1 to R3-A - Commissioner Danielson moved to recommend denial to City Council of the Kartchner Rezone from C-1 to R3-A. Commissioner Clapp seconded. The voice vote was tied with 3 approvals and 3 opposed. Reasons for approval of recommendation to deny Danielson: R-2 or commercial zones are a better fit. Clapp: wants it to remain commercial for more tax base. Rydalch: opposed to loss of commercial property and traffic issues. Reasons for opposing the recommendation to deny Schmalz: the location makes sense for high density, best use for the ground. Randall: the requested zone is needed at this time. Eslinger: best use for the property. 14. 2022-013 Recommendation for additional hearing - Commissioner Danielson moved an additional hearing is not needed for 2022-013. Commissioner Clapp seconded. The motion passed unanimous by voice vote. 15. 2022-013 Adoption of Reasoned Statement - Commissioner Clapp moved to provide the following findings to the City Council as the reasoning for the recommendation to deny. Commissioner Randall seconded. The motion passed unanimous by voice vote. Findings for Recommendation Pros: Would generate traffic towards 1st Street. is in compliance with 10-5-27 of the Comprehensive Plan, located within .25 miles of grocery store and .5 miles of a City park. Question brought up regarding if this is a separate development from the existing development to the East. Cons: Felt R3-A is too dense; the R-2 zone would make more sense. Traffic concerns on 1st Street. Loss of commercial zoned property. DISCUSSION ITEMS: None REPORTS: City Council Cindy Donovan reported on the April and the upcoming May 5th meetings. City of Idaho Falls Cindy Donovan Traffic Commission Cindy Donovan The commission discussed speeding and signage issues throughout the City. Parks and Trails Commission Cindy Donovan Pool Commission Jay Danielson a charitable organization has been created for the pool. They are looking for a treasurer. Bonneville County Tom Hunsaker shared items of interest from the meeting. There was not any impact to the City. CALL FOR ADJOURNMENT: The meeting adjourned at 9:50 p.m. _______________________________ Bond Eslinger, Vice Chairman ________________________________ Kristina Buchan, City Clerk Planning and Zoning Minutes 05.04.22 Page 6 of 6 Ammon Planning and Zoning Commission June 1, 2022 Chairman Nick Torman and Commissioners: Public Hearing #2021-032 Flagship Homes Comprehensive Plan Land Use Map Amendment Staff Presenting: Cindy Donovan Planning Director Compliance The request is not in compliance with the Comprehensive Plan Land Use Map adopted in October, 2020. A portion of the request is for High Density Residential. This Comprehensive Plan Land Use Map allows for an area of Medium High Density Residential (up to 12 units per acre), Medium Density (up to 4 units per acre) and Low Density Residential (up to 2.5 units per acre) The request is not in compliance with the Comprehensive Plan adopted in May, 2018. Summary of Analysis: This request is governed by the Comprehensive Plan adopted in May, 2018 and the Comprehensive Plan Land Use Map adopted in October, 2020 This request was continued on November 17, 2021, December 1, 2021, January 5, 2022, February 2, 2022, March 2, 2022, and May 4, 2022. All records from the previous meetings is available on the City of Ammon website, www.cityofammon.us, in the Planning and Zoning Meeting Agendas. Items not in Compliance Requesting High Density Residential (R3-A) which is not shown in that area of the Comprehensive Plan Land Use Map. Comprehensive Plan Chapter 9, Page 19 refers to a balance of 80% single-family density dwellings to 20% multi-family dwellings. This project is approximately 51% single-family housing units and 49% multi-family housing units. Based on acreage this project 76.8% single-family housing 23.2% multi-family housing. Comprehensive Plan Chapter 10, Page 22, Item Items in Compliance Comprehensive Plan Chapter 6: Comprehensive Plan is based on projections, assumptions and predictions about future conditions. Future conditions may deviate from expectations and the City should review and amend this plan to meet actual conditions. Chapter 9, Page 19: The Commission recommends a balance of 80% \[single family housing units\] to 20% \[multi-family housing units\] on average. Chapter 10, Page 20: As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. to recognize and respect its rural roots yet provides a variety of housing types and styles for its residents. Chapter 10, Page 23, Item 9: Establish land use patterns which build on existing water and sewer facilities. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Chapter 10, Page 23, Item 10: Link homes, schools, parks and shopping areas with bicycle and pedestrian paths. Consider using sensitive lands in such linkages. Chapter 10, Page 24, Item 14: Locate commercial and higher density residential uses at or near intersections of major roads. Chapter 10, Page 25, Item 16: Encourage land uses which generate major traffic to locate near major and minor arterial streets. Parcel Characteristics Located north of East 21st South, east of South 52nd East, south of 1st Street, west of Foothill Road. Acreage: 624.81 acres to be annexed, 658.85 acres overall development Located within the City's Area of Impact To amend the Comprehensive Plan Land Use Map from Low, Medium, and Medium-High Density Residential to Low, Medium, Medium-High, and High Density Residential and from Heavy Commercial to Light Commercial Notice June 1, 2022 meeting Published in the Post Register on Friday, April 29, 2022 Mailed letters to 20 public entities on Friday, April 29, 2022 No sign posting required, was posted with public hearing #2021-030 on Monday, May 16, 2022 Public Comment: Notice - November 17, 2021 meeting Published in the Post Register on Friday, October 15, 2021 Mailed letters to 20 public entities on Friday, October 15, 2021 No sign posting required, was posted with public hearing #2021-030 on November 8, 2021 Public Comment: 1 letter received in favor; 6 letters opposed Notice - September 1, 2021 meeting (hearing postponed) Published in the Post Register on Friday, July 30, 2021 Mailed letters to 20 public entities on Friday, July 30, 2021 No sign posting required, was posted with public hearing #2021-030 on August 19, 2021 Public Comment: received 200 letters opposed prior to 5:00 p.m. Thursday, May 26, 2022 Motion Approve I move to recommend approval of the Comprehensive Plan Land Use Map amendment, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Deny I move to recommend denial of the Comprehensive Plan Land Use Map amendment, finding it does not comply with the Comprehensive Plan or City ordinance. Continue I move to continue the Comprehensive Plan Land Use Map amendment until further details can be attained. Attachments: 1. Vicinity Map 2. Comprehensive Plan Land Use Map adopted October, 2020 3. Comprehensive Plan adopted May, 2018 4. Written Comment for Comprehensive Plan Land Use Map are attached to Annexation staff report 5. Title 10 Section 4 - Amendments 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Property Location 2018 City of Ammon Comprehensive Plan Chapter 10. Land Use decisions. This section also contains the future land use map. The future land use map is a graphic representation of the policies within this chapter. The map is created by using the policies, existing land use patterns, proposed transportation systems, natural features such as the foothills and flood hazard areas/floodplains, population projections, and the ideas and opinions contributed during the citizen participation process. The comprehensive land use map can be found at www.cityofammon.us. Since the future land use map is a generalized representation of the following policies, the policies are controlling. The policies outlined in this chapter are to be consulted and used when staff, the Planning and Zoning Commission and the City Council are reviewing: Requests for zoning changes, Requests for annexations and initial zoning, Plans and expenditures for expansion of major infrastructure such as water and sewer trunk lines and transportation facilities which encourage growth, Plans for new major infrastructure such as parks, schools, and fire stations which will channel growth to certain locations, and Requests or investments in major public buildings such as city halls, libraries, recreation centers or city center facilities. Projected Population Growth The Bonneville Metropolitan Planning Organization (BMPO) has projected an estimated growth rate of 1.88% annually from 2014 to 2040 for the metropolitan area in its 2040 Long Range Transportation Plan. The U.S. Census Bureau estimates the 2016 population of Ammon at 15,252 (Table 8). If this population is projected to 2040 using the BMPO estimated growth rate of 1.88%, the 2040 population of Ammon is projected to be 24,297. If the densities of Ammon do not increase beyond their 2016 densities, the amount of land required to hold the 2040 population and businesses ranges from approximately 3,900 acres to 4,700 acres. Today Ammon contains 4,831 acres, of which almost one-half is vacant. Although it appears as if the future growth until 2040 may be accommodated within the present boundaries of the city, not all of this vacant land may be easily or economically developed. Therefore, it is likely future annexations may be required to ensure both public and private investments are made in locations where private investments and public costs, including maintenance, are economically sound. Table 8. Projected Ammon Population, 2040. 2010 Population 2016 Population 2014-2040 Annual Projected 2040 Estimate Growth Rate Population Ammon 13,816 15,252 1.88% 24,297 SOURCE: U. S. Census Bureau and BMPO 2040 Long-Range Transportation Plan. Census count of 7,016 for 2000 population. The area of impact contains over 11,000 acres and has sufficient land for growth beyond 2040. However, as with the presently annexed lands within Ammon, not all lands within the area of impact may be suitable for economic and efficient future municipal development. As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. 20 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan T ABLE 9. 2017 ACRES BY LAND USE CATEGORIES AND 2040 ANTICIPATED DEMAND. Land Use and (Zone) Developed Vacant Percentage Additional Acres Additional Acres Acres, Acres, 2017 Vacant, Needed to Meet Needed to Meet 2040 2017 2017 2040 Demand, Demand, 29,598 24,297 Residential 1,958 1,347 41% 1,123 1,782 (R1, R1A, R2, R2A, R3, R3A, RE, RMH, RP, RPA) Commercial 291 355 55% 172 272 (C1, CC1, GC1, HC1) Office (PB) 26 17 65% 5 8 Industrial (IM1) 149 105 44% 140 223 Parks/Schools/ 188 4.5 3% - - Churches SOURCE: Table of acres in zones, City Administrator, City of Ammon, January, 2018. rural roots yet provides a variety of housing types and styles for its residents; encourages shopping opportunities for the region, community, and neighborhood; continues to support and enhance the st infrastructure necessary to work and live successfully in the 21 Century; works to attract tech and professional businesses to the community; uses its natural features for open space and recreation; and through a public/private partnership, builds a city center or gathering place which provides a walkable environment of mixed-uses including community event space, small shops, public buildings, and mixed housing types housing and offices. Policies Based on Existing Land Use Patterns The land use policies and, therefore, future land use map reflect these existing patterns in land use in Ammon: thth 1. Regional and community commercial uses line 25 East and portions of 17 Street, one a major arterial street and the other a minor arterial street. 2. In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses (Figure 3). 3. Community and neighborhood commercial uses have been channeled to the intersections of major or minor arterial streets. 4. Secondary school facilities buffer residential uses from regional commercial uses. 5. Elementary schools are generally located in the center of the residential neighborhoods they serve. 21 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 6. In certain limited locations, parks reflect natural features or limitations to development. 7. Development on the foothills is generally proposed to be lower density; therefore, residential th densities generally decrease further from regional commercial land uses and 25 East. Densities decrease as one travels farther from commercial land uses. 8. Residential densities are predominantly less than four units per acre. FIGURE 3. RECOMMENDED LAND USE PATTERNS AT THE INTERSECTION OF MAJOR AND MINOR ARTERIAL STREETS. 1. In new developments, density declines as development moves further away from arterial and collector streets, with higher densities transitioning to lower densities. 2. Recognize natural features, such as topography, floodplains, drainage areas, and wildlife corridors, may be amenities to development and may be used to enhance the community and neighborhood (Figures 4 and 5). 3. Encourage completion and submission of site analysis, including topography, hydrology including water table, soil suitability, drainage patterns, slope and similar natural features, prior to submission of preliminary development designs. 4. Protect life and property from natural hazards through, but not limited to, identification of such areas, open space and park plans and acquisition, reduction of densities in such areas, and enforcement of construction codes. 5. Preserve and protect the major transportation corridors in Ammon and enhance the experience of the visitor and resident by ensuring such corridors are attractive and inviting. 6. Protect the public investment in major transportation corridors through land use decisions which discourage strip commercial development; discourage mid-block commercial uses except on designated arterial roadways; require, when necessary due to anticipated traffic demand, traffic studies and related improvements; control highway access; and use landscaping to beautify as well as control traffic movement. 22 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan This sketch illustrates one approach to steep slopes and a floodplain. The private lots encompass a portion of the steep slopes and are partially covered with a no-build easement. The floodplain may be owned and included as a part of a platted lot with a no- build easement within the floodplain portion, in common by the homeowner association or is a natural park owned by the city. Another approach is to extend the lot lines to the stream and encompass the steep slopes and the floodplain within the no-build easement. SOURCE: Based on Figure 25 from Land Development 2 . FIGURE 4. ONE APPROACH TO LAND USE ASSOCIATED WITH STEEP SLOPES AND FLOODPLAINS. 7. Recognize the benefits of different residential street layouts and encourage the use of the one which is most beneficial to the public in the proposed location. Grid layouts disperse local traffic, enhance walkability, and connect neighborhoods. Circular street layouts reduce costs for construction and maintenance, reduce the amount of impermeable cover, discourage through traffic, and encourage layouts which protect sensitive lands. Cul-de-sacs share the benefits of circular street layouts but should be used only when staff, Planning and Zoning and the City Council agree it to be in the best interest of the residents. Cul-de-sacs, while providing benefits, also provide significant issues when considering parking and snow removal. 8. If developments are constructed with circular street layouts or cul-de-sacs, pedestrian pathways should be provided to ensure neighborhood connectivity and to ensure convenient pedestrian access to schools, parks, and open space. Such paths might also provide access to small commercial facilities needed for daily goods. 9. Encourage infill development to ensure development is compact, economic and efficient. 10. Establish land use patterns which build on existing water and sewer facilities. 11. Link homes, schools, parks and shopping areas with bicycle and pedestrian paths. Consider using sensitive lands in such linkages. 12. Continue to require adequate storm water management for new development and explore methods to safely allow multi-use of such facilities. 23 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan F IGURE 5. T WO DIFFERENT APPROACHES TO ADDRESSING STEEP SLOPES AND A FLOODPLAIN. 24 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan 13. Develop site and design review standards to increase depth of yards adjacent to major streets and railroad. Encourage design treatments such as building orientation, height limitations, fencing, and landscaping to reduce land use conflicts, especially adjacent to major streets, the railroad, or heavier commercial and industrial areas. 14. To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. 15. Locate commercial and higher density residential uses at or near intersections of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. 16. Explore the development of a tech/research park to increase employment opportunities in Ammon. 17. Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 18. To retain the rural nature of Ammon, discourage lot splits in established subdivisions and protect existing farm operations from land use conflicts with proposed developments. The policies by land use categories found on the future land use plan are as follows: High Density Residential 1. The maximum density for high density residential is twenty dwelling units per acre. 2. High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. 3. High-density residential uses should be located within walking distance of commercial developments. 4. High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. 5. Developments built at these densities should be walkable and, when available, can be served by transit. Site design should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. 6. High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. 7. A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. 25 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 8. To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six to seven-foot wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. 9. High density residential should be located near or provide for transit pickups as they are available. As high-density developments are created in the City, there should be a review of the current transit stops for the potential of offering pickup on site or near the high density developments 10. Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 11. Each living unit in a high-density residential development should be individually platted to encourage homeownership. 26 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan Low Density Residential 1. The maximum density is 6.0 units per acre for detached housing. th 2. East of 45 East the maximum density shall be 4.0 units per acre. 3. Low-density residential may consist of single-family detached homes on larger sized lots with wider side yard setbacks. Low density may also consist of single-family detached homes on smaller lots as well as single-family attached twin-homes. Other creative solutions may exist in low-density developments, provided the maximum density is not exceeded. Institutional Uses (Schools and Churches) 1. Institutional uses such as elementary schools and churches should be located in residential neighborhoods on collector streets. Secondary schools should be located near minor or major arterial streets. 2. Shared use agreements should be pursued with schools to allow the playgrounds to be used outside of school hours by the surrounding neighborhood as park and open space. 3. A line of communication should be maintained between school and city personnel to regularly discuss population projections and anticipated growth patterns, needs for school facilities, and impacts of school location on municipal utilities and facilities. Discussions should also include potential requirements by the City as placement of schools are considered. Heavy Commercial Table 10. shows the general characteristics associated with heavy commercial developments. Not all numbers in this table fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables below while the population served is often smaller. As a result of a larger market area and longer distance to the shopping centers both the minutes of driving time and the distance in miles will likely be increased for this market. T ABLE 10. C HARACTERISTICS OF REGIONAL AND SUPER-REGIONAL SHOPPING CENTERS Types of Site Area Population Radius of Market Area Number of Shopping Served Stores Leading Tenant Minutes of Distance in Center Driving Time Miles Regional 10 - 60 acres 150,000 20-30 8+ Full-line department 40-80 50-acre average store Super-regional 15-100 acres 300,000 30+ 12+ Three or more 100+ department stores SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Regional and super-regional shopping areas should be located on major and minor arterial streets (Figure 6). 2. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization Access Management Plan, July 2012. 3. The clustering of major commercial developments should be encouraged at intersections. The continuation of commercial development along the frontage of arterial roadways should maintain low access egress for businesses along the frontage at major points or roadway 27 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan intersections. A shared access traffic aisle should be required throughout developments along the entirety of the arterial roadway. Landscaping within all commercial developments should meet the requirements of Ammon Code Title 10, Chapter 5, Section 24. 4. Require perimeter landscaping for new commercial development. Landscaping not only reduces the visual impact of parking lots; it also directs traffic movement through the parking area and defines access to the neighboring street network. The Urban Land Institute states a reasonable amount of landscaping is 10% of the total site and 20% of the parking area. Such landscaping can be used for storm water retention and snow storage. 5. Shopping areas should buffer adjacent residential areas from the lights and noise of commercial areas by landscaping, fencing, and building placement. 6. Professional offices offer an effective buffer between major commercial areas and apartments and homes. If high density residential is located next to major commercial areas, the location of parking areas, garages, landscaping and fences for such residential uses should buffer the dwelling units from the noise and light of the commercial areas. FIGURE 6. RECOMMENDED LOCATIONS FOR SITING COMMERCIAL DEVELOPMENT AT THE INTERSECTIONS OF ARTERIAL STREETS. Light Commercial Community and Neighborhood Shopping Areas and Professional Offices As with the table above under regional shopping areas, not all the numbers fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables above while the population served is often smaller. As a result of a larger market area and longer distances to shopping centers, both the minutes of driving time and the distance in miles will likely be increased for this market. 28 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan However, the table still provides a framework for commercial locations and provides fairly realistic numbers for the site area necessary for stores and shopping centers (Table 11). T ABLE 11. C HARACTERISTICS OF COMMUNITY AND NEIGHBORHOOD SHOPPING CENTERS. Types of Site Area Population Served Radius of Market Area Number of Shopping Stores Leading Tenant Minutes of Distance in Center Driving Time Miles Community 10 - 30 40,000 - 150,00 10-20 3-5 Variety store 15-40 acres 50,000 average Neighborhood 2.5 - 10 2,500-40,000 5-10 1.5 Grocery store 5-20 acres 10,000 average SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Neighborhood centers should be located in clusters at the intersections of arterial streets. Since they serve the immediate residential area, they may be located at intersections with minor arterials or with major collectors. 2. If neighborhood centers are located at the major arterial intersections, pedestrian access to the neighboring residential areas should be provided to allow residents to shop without having to use the arterial street to access the shopping area. 3. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization most current Access Management Plan. 4. Shopping areas adjacent to residential areas should be required to use exterior lighting designs that shield the residential area from light pollution, as well as using fencing and landscaping to reduce noise from commercial areas. Industrial 1. When reviewing requests by heavy industries that may have major off-site impact costs and infrastructure needs beyond what is available at the time of the request, those cost should be included as part of any approval and passed on to the developer as a required development cost. 2. When zoning for industrial uses, consider the predominant wind patterns from the southwest. 3. Locate industrial lands near major arterials with good access to highways, and/or adjacent to railroad facilities. Regional airport access is available by accessing the east and west arterial roadways and accessing either I-15 or Highway 20. 29 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 4. Buffer residential areas from industrial lands by roadways, office and shopping areas, open space, landscaping, berms, and fencing. Such buffering should be tailored to the industrial use. The buffering required for a food processing plant is likely to be different than the buffering required for a research laboratory or light assembly plant. Parks and Open Space 1. The existing parks are shown on the future land use map as parks. 2. Future parks are shown symbolically on the future land use map to suggest a park or open space needed to serve the neighborhood as it develops. 3. Sensitive lands such as floodplains, wetlands, steep slopes, and drainages, plus exhausted gravel pits, may be shown as open space. Land Use Categories and Applicable Zones T ABLE 12. L AND-U SE C ATEGORIES AND A PPLICABLE Z ONES. Land Use Category Applicable Zones More than six (6.0) dwelling units per acre (R2, R2A, R3, R3A, MU, High Density Residential PUD) A maximum of six (6.0) dwelling units per acre (RE, RP, RPA, R1, Low Density Residential R1A, RS, MU, PUD, RMH) Institutional uses By Conditional Use Permit and/or allowed by zone Heavy commercial C1, HC1, CC1, GC1, MU Light commercial PB, LC/PB, MU Industrial I&M1, I&M2, M-1 Parks, open space All zones. 30 Adopted by 2018-005R. Amended by Resolution 2021-013R. CHAPTER 4 AMENDMENTS SECTION: 10-4-1: Ordinance and Map May Be Amended 10-4-2: Petition to Planning Commission 10-4-3: Amendments to be in Harmony with Land Use Plan 10-4-4: Public Hearing Notice 10-4-5: Reconsideration 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. 10-4-2: APPLICATION FOR AMENDMENT: Persons seeking an amendment of the zoning ordinance or map shall submit an application to the Administrator designating the change desired, the reasons therefor and wherein the proposed amendment would further promote the objectives and purposes of the zoning ordinance, together with such fee as may be established by the City Council. Upon the receipt of the application, the Planning Commission shall consider the request. The Planning Commission shall call a public hearing upon such matters as are required to be heard by the Planning Commission under law and may call a public hearing on other matters, in the commission's discretion before submitting its recommendations to the City Council. The Planning Commission may also recommend amendments to the ordinance and map to the City Council on its own initiative. 10-4-3: AMENDMENTS BASED ON PRACTICAL APPLICATION OF THE COMPREHENSIVE PLAN: Before recommending an amendment to the ordinance, it must be shown that such amendment is founded upon sound reason and practical application of the Comprehensive Plan adopted by the City Council 10-4-4: PUBLIC HEARING NOTICE: Applications for amending the zoning ordinance and zoning map shall comply with public hearing and notice requirements of Idaho Code Title 67, Chapter 65. 10-4-5: RECONSIDERATION: Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. tğŭĻ Њ ƚŅ Њ wĻǝźƭĻķ ЊЊΏЊВΏЋЉЋЉ Ammon Planning and Zoning Commission June 1, 2022 Chairman Nick Torman and Commissioners: Public Hearing #2021-030 Annexation of 624.81 acres with initial zoning of R-3, R3-A, R-2, R2-A, R-1, R1-A, RP-A RP, RE, PB, MU, LC/PB, and C-1 Staff Presenting: Cindy Donovan Planning Director Compliance The request is not in compliance with the Comprehensive Plan Land Use Map adopted in October, 2020. A portion of the request is for High Density Residential. This Comprehensive Plan Land Use Map allows for an area of Medium High Density Residential (up to 12 units per acre), Medium Density (up to 4 units per acre) and Low Density Residential (up to 2.5 units per acre) The request is not in compliance with the Comprehensive Plan adopted in May, 2018. The applicant has made a request to amend the Comprehensive Plan Land Use Map. Planning and Zoning Commission Criteria for Decision: Section 11-1-10 1. exation will be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and 2. 3. hen the Commission is required to make a recommendation to City Council regarding the annexation. This recommendation must include a zoning recommendation. Summary of Analysis This request is governed by the Comprehensive Plan adopted in May, 2018 and the Comprehensive Plan Land Use Map adopted in October, 2020 This request was continued on November 17, 2021, December 1, 2021, January 5, 2022, February 2, 2022, March 2, 2022, and May 4, 2022. All records from the previous meetings is available on the City of Ammon website, www.cityofammon.us, in the Planning and Zoning Meeting Agendas. Parcels are currently agriculture in Bonneville County Connects the City of Ammon to property east of South 52nd East and north of 1st Street Acreage: 624.81 acres for annexation (658.85 acres overall development) Dwelling Units: 3,142 (15 year build out) Single Family Detached on large lots: 236 units, zoned RP-A Single Family Detached on small lots: 1353 units, zoned R-1 and RS Multi-Family Attached: 1553 units, zoned R2-A and R3-A Commercial Space: 7.9 acres, zoned PB, LC/PB, C-1 Open Space: 26.4 acre public park Items not in Compliance Requesting High Density Residential (R3-A) which is not shown in that area of the Comprehensive Plan Land Use Map. Comprehensive Plan Chapter 9, Page 19 refers to a balance of 80% single-family density dwellings to 20% multi-family dwellings. This project is approximately 51% single-family housing 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 units and 49% multi-family housing units. Based on acreage this project 76.8% single-family housing 23.2% multi-family housing. less t Items in Compliance Comprehensive Plan Chapter 6: Comprehensive Plan is based on projections, assumptions and predictions about future conditions. Future conditions may deviate from expectations and the City should review and amend this plan to meet actual conditions. Chapter 9, Page 19: The Commission recommends a balance of 80% \[single family housing units\] to 20% \[multi-family housing units\] on average. Chapter 10, Page 20: As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. to recognize and respect its rural roots yet provides a variety of housing types and styles for its residents. Chapter 10, Page 23, Item 9: Establish land use patterns which build on existing water and sewer facilities. Chapter 10, Page 23, Item 10: Link homes, schools, parks and shopping areas with bicycle and pedestrian paths. Consider using sensitive lands in such linkages. Chapter 10, Page 24, Item 14: Locate commercial and higher density residential uses at or near intersections of major roads. Chapter 10, Page 25, Item 16: Encourage land uses which generate major traffic to locate near major and minor arterial streets. Annexation Procedures and Compliance 1. Purpose of Title 11: Annexation Procedures: a. considering any application for annexation request in order to arrive at ƷŷĻ ƒƚƭƷ ƭǒƭƷğźƓğĬƌĻ ƚǒƷĭƚƒĻ ŅƚƩ ƷŷĻ ĭƚƒƒǒƓźƷǤ͵ b. Provide information to the PZ Commission to make their decision c. Thoroughly study a proposed annexation and make any requirements necessary of the annexation to ensure the development is a positive addition to the Community and is sustainable. d. To ensure the development pays for itself. Application Requirements (11-1-6): 1. Application and Fees (Application submitted July 21, 2021) a. Discussions began in early 2021 2. Description of proposed project along with statements of compliance, compatibility, contributions, and phasing plans. 3. Impact Studies Required Impact Studies: 1. Traffic Study 2. Water Study 3. Wastewater Study 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 4. Floodplain Study 5. Level I Environmental 6. Fiscal Impact Study Traffic Study Recommendations: Purpose of the Traffic Study: the proposed project and the impact on all public streets within a three (3) mile radius of the proposed developmen-1-6.L.1). The study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of -1-6.L.1). associated with the proposed BCP development located existing (2021), future (2026), and future (2040) conditions with and without the proposed Based on the Traffic Study: Developer shall construct or contribute to the construction of 31 traffic infrastructure improvements. The need for these improvements are a direct result of the traffic generated from the proposed project. The traffic improvements are currently located in the City of Ammon (16), Bonneville County (11), and the City of Idaho Falls (4) Traffic Improvements Required (no City assistance): Background Improvements 1. Lincoln Rd / Ammon Rd: Extend 5-lane cross-section to 500' south of intersection and implement signage (2.0%) 2. Lincoln Rd / Hitt Rd: Signalize (5.2%) 3. 1st St from Hitt Rd to Ammon Rd: Widen to 5 lanes (21.1%) 4. Hitt Rd: Coordinate signal timing (8.9%) 5. 17th St / Hitt Rd: Increase EB & WB left-turn storage (8.6%) 6. Sunnyside Rd / Crowley Rd: Signalize (26.5%) 7. 1st St / Ammon Rd: Extend EB left-turn storage (15.0%) 8. Sunnyside Rd / Ammon Rd: Extend 5-lane cross-section to 500' to the east of the intersection (17.2%) 9. Ammon Rd: Widen to 5 lanes from Lincoln Rd to 17th St (1.1%) 10. 17th St: Widen to 5 lanes from Ammon Rd to Crowley Rd (27.6%) 11. 17th St / Ammon Rd: Install SB dual left-turn lanes (14.1%) Plus Project Improvements 12. Sunnyside Rd: Widen to 3 lanes between Ammon Rd and Crowley Rd (6.7%) 13. Lincoln Rd / Ammon Rd: Signalize and extend 5-lane cross-section to 500' north and east of intersection (8.4%) 14. 17th St / Hitt Rd: WB right-turn pocket (5.3%) 15. 21st St / Crowley Rd: Install roundabout (21.5%) 16. Sunnyside Rd / Crowley Rd: EB & WB left-turn lanes and SB right-turn lane (21.3%) 17. Crowley Rd: Widen to 3 lanes from Sunnyside Rd to 21st St (28.1%) 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 18. Crowley Rd: Widen to 3 lanes from 21st St to 17th St (8.6%) 19. Crowley Rd: Widen to 3 lanes from 17th St to 1st St (3.5%) 20. Crowley Rd: Widen to 3 lanes from 1st St to Lincoln Rd (23.5%) 21. 1st St: Widen to 3 lanes from Crowley Rd to 52nd East (67.3%) 22. Lincoln Rd / Crowley Rd: Upgrade to turbo-style roundabout with SB & EB right-turn pockets and a NB left-turn pocket (26.7%) 23. 1st St / Crowley Rd: Upgrade to dual-lane roundabout (40.0%) 24. 17th St / Crowley Rd: Upgrade to dual-lane roundabout (29.2%) 25. 21st St / Crowley Rd: Install NB right-turn pocket (28.3%) 26. Sunnyside Rd / Crowley Rd: Extend EB left-turn storage (26.3%) 27. 52nd East / 1st St: Signalize (65.6%) 28. 1st St from Ammon Rd to Crowley Rd: Widen to 5 lanes (33.3%) 29. 55th East / 1st St: Install roundabout (62.8%) 30. 1st St: Widen to 3 lanes from 52nd East to 55th East (60.7%) 31. 21st St: Widen to 3 lanes from Crowley Rd to 52nd East (46.5%) Water Study Recommendations: 1. Construct all Water System Components a. Developer must construct all components of the water supply system and meet all City standards and DEQ standards. No City assistance. 2. Wells. a. Construct two (2) groundwater wells to supply the subdivision of all drinking water needs. No City assistance. 3. Water Tank. a. Construct a 1.0 million gallon tank to store water within the subdivision. No City assistance. 4. Booster Station. a. Booster station to control water pressures within the subdivision. No City assistance. Water Rights, Irrigation, and Fees: 1. 4.5 CFS of Groundwater Rights. a. Option 1: Deed to the City of Ammon acceptable groundwater rights equivalent to 4.5 CFS (~225 acres or ~900 acre feet) b. Option 2: Pay City of Ammon a fee in-lieu of groundwater rights of approximately $1.5 million (this amount is subject to change based on market conditions) 2. Pressurized Irrigation (Surface Water) a. Require surface water for all outdoor irrigation b. This is already a requirement by Title 8-10 of the Ammon Municipal Code 3. Connection Fee (City) - $1,400 per unit ($4,398,800 total) Wastewater Study Recommendations: 1. Construct all Wastewater System Components a. Developer must construct all components of the wastewater collections system and meet all City standards and DEQ standards. No City assistance. 2. Construct Transmission Line to EIRWWA Main Line a. Acquire all necessary easements and replace main lines through The Villas. b. Replace and upgrade trunk line from development, through The Villas, to Crowley Rd. c. Eliminate lift station in The Villas. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 d. Connect to EIRWWA Main Line at Sunnyside/Crowley Rd. 3. Connection Fees (City of Ammon) a. Required to pay City connection fee of $1,300 per unit or $4,084,600 4. Connection Fees (EIRWWA) a. Required to pay EIRWWA connection fees b. Currently, this fee is $5,639/unit for a total of $17,708,312 Floodplain Study Recommendations: 1. Obtain FEMA Approval for the following: a. Remove all building areas from the floodplain. (City of Ammon prohibits construction within the Floodplain.) b. Design flood conveyance channels as directed by FEMA. c. Mitigate flood conditions for downstream users, as directed by FEMA 2. From the Study: a. ķźƭĭŷğƩŭĻķ Ʒƚ ķƚǞƓƭƷƩĻğƒ ƦƩƚƦĻƩƷǤ ƚǞƓĻƩƭ źƓ ğƓ ğĭĭĻƦƷğĬƌĻ ƒğƓƓĻƩͲ Ǟŷźĭŷ ƒĻğƓƭ ƷŷğƷ ğƓǤ ğķǝĻƩƭĻ ĭŷğƓŭĻ źƓ ƨǒğƓƷźƷǤͲ ŅƚƩƒͲ ƚƩ ƌƚĭğƷźƚƓ ƚŅ ķźƭĭŷğƩŭĻ Ʒƚ ƚƷŷĻƩ ƦƩƚƦĻƩƷǤ ƒǒƭƷ ĬĻ (Page 4, Floodplain Study) Level I Environment Study Recommendations: Findings: 1. No concerns were observed. 2. From the study, (Page 16, PHASE I ENVIRONMENTAL SITE ASSESSMENT). Fiscal Impact Study Recommendations: Objective: 1. Conduct analysis of the costs and benefits of annexation of the proposed development into the City of Ammon. 2. Prepared by a qualified and independent person or firm acceptable by the City Council and in a format acceptable by the City Council. (Galena Consulting) 3. City to compensate for anticipated costs. a. Property tax funded services: Law enforcement, Parks, and general fund operations 4. The fiscal impact analysis may also be termed a cost/benefit analysis. Findings: 1. Project Net Present Value (NPV) over 15 years is $3,781,633 with a 3% discount rate 2. Nominal value of $5,344,550.00 (without a discount rate) 3. Study shows positive net fund balance after Years 1 and 2. a. Negative balance in Year 1 due to delay in property tax collections. 4. Study does not address street costs. Staff recommends obligating 100% of any remaining balances to street costs and maintenance. Parcel Characteristics Located north of East 21st South, east of South 52nd East, south of 1st Street, west of Foothill Road. Acreage: 624.81 acres requested to annex, 658.85 acres total development 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 5 Requested initial residential zonings of R-3, R3-A, R-2, R2-A, R-1, R1-A, RP-A RP, RE, and initial commercial zonings of MU, PB, LC/PB, and C-1 Request being presented by Pete Evans, Nate Hutchinson, and Bronson Tatton, Flagship Homes Annexation of 624.81 acres with initial residential zonings of R-3, R3-A, R-2, R2-A, R-1, R1-A, RP- A RP, RE, and the initial commercial zonings of MU. PB, LC/PB, and C-1 Notice for June 1, 2022 meeting Published in the Post Register on Friday, April 29, 2022 and May 6, 2022 Mailed letters to 20 public entities and 104 property owners on Friday, April 29, 2022 No sign posting required, was posted with public hearing #2021-030 on Monday, May 16, 2022 Public Comment: 200 letters were received in opposition prior to 5:00 p.m. Thursday, May 26, 2022. Any additional letters will be presented at the Public Hearing. Notice for November 17, 2021 meeting Published in the Post Register on Friday, October 15, 2021 and Friday, October 22, 2021 Mailed letters to 83 property owners and 20 public entities on Friday, October 15, 2021 Property was posted on November 8, 2021 Public comment: 1 letter in favor, 2 letters with general comments, 8 letters opposed, 1 petition opposed Notice for September 1, 2021 meeting (hearing postponed) Published in the Post Register on Friday, July 30, 2021 and Friday, August 6, 2021 Mailed letters to 83 property owners and 20 public entities on Friday, July 30, 2021 Property was posted on August 19, 2021 Public comment: 17 written comments in opposition were received Motion Approve I move to recommend approval of the annexation of 624.81 acres, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Deny I move to recommend denial of the annexation of 624.81 acres, finding it does not comply with the Comprehensive Plan or City ordinance. Continue I move to continue the annexation of 624.81 acres until further details can be attained. Attachments: 1. Vicinity Map attached to the staff report for Public Hearing #2021-032 2. Concept Plan 3. PowerPoint Presentation 4. Written testimony regarding the Comprehensive Plan Lan Use Map amendment and Annexation 5. 10-37-2(A) Residential District Uses 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 6 Annexation Request: BCP Development (Flagship Homes) Updates on Public Hearings #2021-030 and #2021-032 Ammon Planning and Zoning Commission June 1, 2022 Summary of Project -Proposed 2/Bdsfbhf;!735/92!bdsf!boofybujpo!)769/96!bdsft!pwfsbmm!efwfmpqnfou* 3/Exfmmjoh!Vojut;!4-253!)26!zfbs!cvjme!pvu*!.Upubm!Efotjuz!pg!5/88!vojut0bdsf b/SQ.B!.21-111.51-111!tr!gu!mput;!347!mput! c/S.2!.9-111.21-111!tr!gu!mput;!585!mput! d/ST!.5-111.9-111!tr!gu!mput;!98:!mput! e/S3.B!.Upxoipnft;!::4!vojut f/S4.B!.Tubdlfe!Gmbut;!671!vojut! 4/Dpnnfsdjbm!Tqbdf;!8/:!bdsft!)26!zfbs!cvjme!pvu* b/\[pojoh!Sfrvftufe;!Qspgfttjpobm!Cvtjoftt!)QC*-!Mjhiu!Dpnnfsdjbm0Qspgfttjpobm!Cvtjoftt! )MD0QC*-!boe!Mjhiu!Dpnnfsdjbm!)D.2* 5/Pqfo!Tqbdf!)Qvcmjd!Qbslt* b/37/5!Bdsf!qvcmjd!qbsl c/Qbuixbzt!dpoofdujoh!uispvhi!uif!dpnnvojuz 3 Summary of Project Zoning Request Qjol;!SQ.B)31/2&!pg! ipvtjoh!bdsfbhf* Zfmmpx;!S.2!)35/4&!pg! ipvtjoh!bdsfbhf* Cspxo;!ST!)43/5&!pg! ipvtjoh!bdsfbhf* Qvsqmf;!S3.B!)27/8&! pg!ipvtjoh!bdsfbhf* Cmvf;!S4.B!)7/6&!pg! ipvtjoh!bdsfbhf* Sfe;!Dpnnfsdjbm! 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Mjhiu!Dpnnfsdjbm!)D.2* 26 High Density Location Criteria Dsjufsjb!Bqqmjdbcmf!up!BMM!Ijhi!Efotjuz!Qspkfdut/ 2/Nvtu!cf!mpdbufe!ejsfdumz!po!b!qsjodjqbm!ps!bsufsjbm!tusffu!)opu!jo!dpnqmjbodf!xjui! uijt!jufn* 3/Dpmmfdups!tusffut!nbz!cf!dpotjefsfe!jg!qspkfdu!nffut!bmm!puifs!dsjufsjb 4/B!ijhi.efotjuz!efwfmpqnfou!tibmm!opu!sfrvjsf!bddftt!up!bo!bsufsjbm!uispvhi!b! mpxfs!efotjuz!sftjefoujbm!efwfmpqnfou!)opu!jo!dpnqmjbodf!xjui!uijt!jufn* 5/Eftjho!sfwjfx!sfrvjsfe!qsjps!up!tffljoh!b!cvjmejoh!qfsnju 6/Tibmm!opu!fydffe!nbyjnvn!efotjuz!bmmpxfe!cz!voefsmzjoh!{pojoh!ejtusjdu 7/Dpnnfout!po!uif!qspkfdu!tibmm!cf!sfrvftufe!gspn!Cpoofwjmmf!Tdippm!Ejtusjdu!:4 27 High Density Location Criteria for R-2 S.3;!Dsjufsjb!Bqqmjdbcmf!up!Ijhi.efotjuz!Qspkfdu!jo!S.3!\[pof 2/Dsjufsjb!gps!bmm!ijhi!efotjuz!qspkfdut! 3/Tibmm!cf!b!njojnvn!pg!uxp!)3*!bdsft/!)Opuf;!Njojnvn!bdsfbhf!epft!opu!bqqmz!up! jogjmm!qspkfdut*<!boe 4/S.3!efwfmpqnfou!tibmm!opu!fydffe!fjhiuz!)91*!vojut!upubm!qfs!efwfmpqnfou<!boe 5/Jg!uif!efwfmpqnfou!epft!opu!qspwjef!qvcmjd!hsffo!tqbdf-!uif!efwfmpqnfou!nvtu; b/Cf!mpdbufe!xjuijo!pof.ibmg!)203*!njmf!xbmljoh!ejtubodf!pg!b!djuz!qbsl-!bt! nfbtvsfe!bmpoh!boz!mjof!uibu!nffut!uif!efgjojujpo!pg!Qfeftusjbo!Bddftt<! boe c/Ibwf!ps!qspwjef!ejsfdu!qfeftusjbo!bddftt!up!uif!qbsl<!boe d/Dpousjcvuf!gjobodjbmmz!up!foibodjoh!qbsl!jogsbtusvduvsf 6/Bmm!vojut!nvtu!cf!joejwjevbmmz!qmbuufe 28 High Density Location Criteria for R3-A S.4!'!S4.B;!Dsjufsjb!Bqqmjdbcmf!up!Ijhi.efotjuz!Qspkfdu!jo!S.4!boe!S4.B!\[pof 2/Dsjufsjb!gps!bmm!ijhi!efotjuz!qspkfdut 3/Tibmm!cf!b!njojnvn!pg!gpvs!)5*!bdsft!)Opuf;!Njojnvn!bdsfbhf!epft!opu!bqqmz!up!jogjmm!qspkfdut* 4/S.4!ps!S4.B!efwfmpqnfou!tibmm!opu!fydffe!311!vojut!upubm!qfs!efwfmpqnfou 5/Efwfmpqnfout!tibmm!cf!bekbdfou!up!b!dpnnfsdjbm!bsfb!boe!xjuijo!b!rvbsufs!)205*!njmf!pg!hspdfsz!tipqqjoh-!bt!nfbtvsfe! bmpoh!boz!mjof!uibu!nffut!uif!efgjojujpo!pg!Qfeftusjbo!Bddftt/!Efwfmpqnfou!tibmm!ibwf!ps!qspwjef!ejsfdu!boe! vojoufssvqufe!Qfeftusjbo!Bddftt!up!uif!sfrvjsfe!bnfojujft 6/Efwfmpqnfou!tibmm!qspwjef!qsjwbufmz!pxofe!hsffo!tqbdf!xjuijo!uif!efwfmpqnfou 7/Qvcmjd!Hsffo!Tqbdf/!S.4!boe!S4.B!efwfmpqnfout!tibmm; b/Cf!mpdbufe!xjuijo!pof.ibmg!)203*!njmf!pg!b!qvcmjd!djuz!qbsl!ps!epobuf!b!qvcmjd!djuz!qbsl!uispvhi!uif!qmbuujoh! qspdftt<!boe c/Ibwf!ps!qspwjef!ejsfdu!qfeftusjbo!bddftt!up!uif!qbsl<!boe d/Dpousjcvuf!gjobodjbmmz!up!foibodjoh!qbsl!jogsbtusvduvsf 8/Jg!uif!efwfmpqnfou!tibsft!b!qspqfsuz!mjof!xjui!b!mpx!efotjuz!sftjefoujbm!bsfb-!bmm!cvjmejoht!mpdbufe!bmpoh!uif!tibsfe! qspqfsuz!mjof!cfuxffo!uif!qspkfdu!boe!uif!mpx!efotjuz!sftjefoujbm!bsfb!tibmm!ibwf!b!tfucbdl!pg!uxfouz.gjwf!)36*!gffu!qmvt! gpvs!)5*!gffu!gps!fwfsz!pof!)2*!gppu!pg!cvjmejoh!ifjhiu/!Cvjmejoh!ifjhiu!jt!nfbtvsfe!up!uif!upq!qmbuf/ b/Fybnqmf;!Jg!Cvjmejoh!Ifjhiu!jt!uijsuz!)41*!gffu-!tfucbdl!xpvme!cf;!36!,!)5!y!41*!>!256!gffu 9/Qsjps!up!boz!dpotjefsbujpo!cz!uif!Qmboojoh!boe!\[pojoh!Dpnnjttjpo-!S.4!boe!S4.B!efwfmpqnfout!sfrvjsf!dpnnfout! gspn!uif!gpmmpxjoh!pvutjef!bhfodjft;!Cpoofwjmmf!Tdippm!Ejtusjdu!:4-!Cpoofwjmmf!Dpvouz!Gjsf!Ejtusjdu-!Cpoofwjmmf!Dpvouz! Spbe!boe!Csjehf-!uif!Cpoofwjmmf!Dpvouz!Tifsjgg(t!Pggjdf-!FJSXXB-!Qsphsfttjwf!Jssjhbujpo-!boe!uif!Jebip!Dbobm!Dpnqboz! )jg!bqqmjdbcmf*/ 29 High Density Location Criteria for R2-A S3.B;!Dsjufsjb!Bqqmjdbcmf!up!Ijhi.efotjuz!Qspkfdu!jo!S3.B!\[pof 2/Dsjufsjb!gps!bmm!ijhi!efotjuz!qspkfdut! 3/Tibmm!cf!b!njojnvn!pg!uisff!)4*!bdsft/!)Opuf;!Njojnvn!bdsfbhf!epft!opu!bqqmz!up!jogjmm!qspkfdut* 4/S3.B!efwfmpqnfou!tibmm!opu!fydffe!pof!ivoesfe!uxfouz!)231*!vojut!upubm!qfs!efwfmpqnfou 5/Tibmm!cf!xjuijo!pof.ibmg!)203*!njmf!xbmljoh!ejtubodf-!bt!nfbtvsfe!bmpoh!boz!mjof!uibu!nffut!uif! efgjojujpo!pg!Qfeftusjbo!Bddftt-!up!b!dpnnfsdjbm!bsfb!uibu!qspwjeft!hspdfsz!tipqqjoh!boe!fjuifs! sfubjm!tipqqjoh!ps!ejojoh/!Efwfmpqnfou!tibmm!ibwf!ps!qspwjef!ejsfdu!boe!vojoufssvqufe!Qfeftusjbo! Bddftt!up!uif!sfrvjsfe!bnfojujft<!boe 6/Jg!uif!efwfmpqnfou!epft!opu!qspwjef!qvcmjd!hsffo!tqbdf-!uif!efwfmpqnfou!nvtu; b/Cf!mpdbufe!xjuijo!pof.ibmg!)203*!njmf!xbmljoh!ejtubodf!pg!b!djuz!qbsl-!bt!nfbtvsfe!bmpoh!boz! mjof!uibu!nffut!uif!efgjojujpo!pg!Qfeftusjbo!Bddftt<!boe c/Ibwf!ps!qspwjef!ejsfdu!Qfeftusjbo!Bddftt!up!uif!qbsl<!boe d/Dpousjcvuf!gjobodjbmmz!up!foibodjoh!qbsl!jogsbtusvduvsf 7/Bmm!vojut!nvtu!cf!joejwjevbmmz!qmbuufe 2: Summary of Studies Uif!efwfmpqfs!jt!tpmfmz!sftqpotjcmf!gps!uifjs!qpsujpo!pg!uif!jnqspwfnfout!xjui!op!djuz!bttjtubodf/! Uiftf!jnqspwfnfout!xjmm!cf!sfrvjsfe!jo!boofybujpo!boe!efwfmpqnfou!bhsffnfout!xjui!tqfdjgjd! ujnfgsbnft!bt!uif!qspkfdu!efwfmpqt/! b/Usbggjd!Tuvez;Efwfmpqfs!tibmm!dpotusvdu!ps!dpousjcvuf!up!uif!dpotusvdujpo!pg!42!usbggjd! jogsbtusvduvsf!jnqspwfnfout!uibu!bsf!b!ejsfdu!sftvmu!pg!uif!qspqptfe!qspkfdu! c/Xbufs!Tuvez;Efwfmpqfs!tibmm!dpotusvdu!bmm!xbufs!tztufn!dpnqpofout-!3!hspvoexbufs!xfmmt-! 2!xbufs!ubol-!boe!2!cpptufs!tubujpo/!Dpoofdujpo!gfft!qfs!voju!xjmm!bmtp!cf!sfrvjsfe/ d/Xbtufxbufs!Tuvez;Efwfmpqfs!tibmm!dpotusvdu!bmm!xbtufxbufs!tztufn!dpnqpofout!boe!b! usbotnjttjpo!mjof!up!uif!FJSXXB!Nbjo!Mjof/!Dpoofdujpo!gfft!qfs!voju!xjmm!bmtp!cf!sfrvjsfe/! e/Gmppeqmbjo!Tuvez;Efwfmpqfs!tibmm!sfnpwf!bmm!cvjmejoh!bsfbt!gspn!uif!gmppeqmbjo-!eftjho! gmppe!dpowfzbodf!diboofmt-!boe!njujhbuf!gmppe!dpoejujpot!gps!epxotusfbn!vtfst-!bt! ejsfdufe!cz!GFNB/ f/Mfwfm!J!Fowjsponfoubm;!Op!dpodfsot!xfsf!pctfswfe/ g/Gjtdbm!Jnqbdu!Tuvez;!Tuvez!tipxt!qptjujwf!ofu!gvoe!cbmbodf!bgufs!Zfbs!2/!Ofhbujwf!cbmbodf! jo!Zfbs!2!jt!evf!up!efmbz!jo!qspqfsuz!uby!dpmmfdujpot/ 31 Traffic Study -Recommendations qmbo/!Uif!dvssfou!qmbo!ibt!sfnpwfe!uxp!sftjefoujbm!vojut!boe!ibt!tijgufe!upxbse!mboe!vtft!uibu! qspevdf!mpxfs!qfbl!ipvs!usjq!sbuft/!Ju!jt!opu!boujdjqbufe!uibu!uif!mpxfsfe!qfbl!ipvs!usjq!hfofsbujpo! xjmm!ibwf!b!tjhojgjdbou!jnqbdu!po!uif!jnqspwfnfout!sfdpnnfoefe!jo!uif!UJT-!ops!jt!ju!boujdjqbufe! uibu!uif!sfwjtfe!spbexbz!ofuxpsl!xpvme!ofdfttjubuf!boz!beejujpobm!jnqspwfnfout!uibu!xfsf!opu! sfdpnnfoefe!qsfwjpvtmz/!Gps!uiftf!sfbtpot-!ju!xbt!efufsnjofe!uibu!uif!UJT!tipvme!tujmm!cf! .Usbggjd!Jnqbdu!Tuvez!Vqebuf!cz!Ibmft!Fohjoffsjoh!)qbhf!3* Cbtfe!po!uif!Usbggjd!Tuvez; .Efwfmpqfs!tibmm!dpotusvdu!ps!dpousjcvuf!up!uif!dpotusvdujpo!pg!42!usbggjd!jogsbtusvduvsf! jnqspwfnfout/ .Uif!offe!gps!uiftf!jnqspwfnfout!bsf!b!ejsfdu!sftvmu!pg!uif!usbggjd!hfofsbufe!gspn!uif! qspqptfe!qspkfdu/!! .Uif!usbggjd!jnqspwfnfout!bsf!dvssfoumz!mpdbufe!jo!uif!Djuz!pg!Bnnpo!)27*-!Cpoofwjmmf!Dpvouz! )22*-!boe!uif!Djuz!pg!Jebip!Gbmmt!)5* 32 33 Traffic Study -Recommendations Usbggjd!Jnqspwfnfout!Sfrvjsfe; Cbdlhspvoe!Jnqspwfnfout! 2/Mjodpmo!Se!0!Bnnpo!Se;!Fyufoe!6.mbof!dsptt.tfdujpo!up!611(!tpvui!pg! joufstfdujpo!boe!jnqmfnfou!tjhobhf!)3/1&*! 3/Mjodpmo!Se!0!Ijuu!Se;!Tjhobmj{f!)6/3&*! 4/2tu!Tu!gspn!Ijuu!Se!up!Bnnpo!Se;!Xjefo!up!6!mboft!)32/2&*! 5/Ijuu!Se;!Dppsejobuf!tjhobm!ujnjoh!)9/:&*! 6/28ui!Tu!0!Ijuu!Se;!Jodsfbtf!FC!'!XC!mfgu.uvso!tupsbhf!)9/7&*! 7/Tvooztjef!Se!0!Dspxmfz!Se;!Tjhobmj{f!)37/6&*! 8/2tu!Tu!0!Bnnpo!Se;!Fyufoe!FC!mfgu.uvso!tupsbhf!)26/1&*! 34 Traffic Study -Recommendations Usbggjd!Jnqspwfnfout!Sfrvjsfe; 9/Tvooztjef!Se!0!Bnnpo!Se;!Fyufoe!6.mbof!dsptt.tfdujpo!up!611(!up!uif!fbtu! pg!uif!joufstfdujpo!)28/3&*! :/Bnnpo!Se;!Xjefo!up!6!mboft!gspn!Mjodpmo!Se!up!28ui!Tu!)2/2&*! 21/28ui!Tu;!Xjefo!up!6!mboft!gspn!Bnnpo!Se!up!Dspxmfz!Se!)38/7&*! 22/28ui!Tu!0!Bnnpo!Se;!Jotubmm!TC!evbm!mfgu.uvso!mboft!)25/2&* Qmvt!Qspkfdu!Jnqspwfnfout! 23/Tvooztjef!Se;!Xjefo!up!4!mboft!cfuxffo!Bnnpo!Se!boe!Dspxmfz!Se!)7/8&*! 24/Mjodpmo!Se!0!Bnnpo!Se;!Tjhobmj{f!boe!fyufoe!6.mbof!dsptt.tfdujpo!up!611(! opsui!boe!fbtu!pg!joufstfdujpo!)9/5&*! 25/28ui!Tu!0!Ijuu!Se;!XC!sjhiu.uvso!qpdlfu!)6/4&*! 35 Traffic Study -Recommendations Usbggjd!Jnqspwfnfout!Sfrvjsfe; 26/32tu!Tu!0!Dspxmfz!Se;!Jotubmm!spvoebcpvu!)32/6&*! 27/Tvooztjef!Se!0!Dspxmfz!Se;!FC!'!XC!mfgu.uvso!mboft!boe!TC!sjhiu.uvso!mbof! )32/4&*! 28/Dspxmfz!Se;!Xjefo!up!4!mboft!gspn!Tvooztjef!Se!up!32tu!Tu!)39/2&*! 29/Dspxmfz!Se;!Xjefo!up!4!mboft!gspn!32tu!Tu!up!28ui!Tu!)9/7&*! 2:/Dspxmfz!Se;!Xjefo!up!4!mboft!gspn!28ui!Tu!up!2tu!Tu!)4/6&*! 31/Dspxmfz!Se;!Xjefo!up!4!mboft!gspn!2tu!Tu!up!Mjodpmo!Se!)34/6&*! 32/2tu!Tu;!Xjefo!up!4!mboft!gspn!Dspxmfz!Se!up!63oe!Fbtu!)78/4&*! 33/Mjodpmo!Se!0!Dspxmfz!Se;!Vqhsbef!up!uvscp.tuzmf!spvoebcpvu!xjui!TC!'!FC! sjhiu.uvso!qpdlfut!boe!b!OC!mfgu.uvso!qpdlfu!)37/8&*! 36 Traffic Study -Recommendations Usbggjd!Jnqspwfnfout!Sfrvjsfe; 34/2tu!Tu!0!Dspxmfz!Se;!Vqhsbef!up!evbm.mbof!spvoebcpvu!)51/1&*! 35/28ui!Tu!0!Dspxmfz!Se;!Vqhsbef!up!evbm.mbof!spvoebcpvu!)3:/3&*! 36/32tu!Tu!0!Dspxmfz!Se;!Jotubmm!OC!sjhiu.uvso!qpdlfu!)39/4&*! 37/Tvooztjef!Se!0!Dspxmfz!Se;!Fyufoe!FC!mfgu.uvso!tupsbhf!)37/4&*! 38/63oe!Fbtu!0!2tu!Tu;!Tjhobmj{f!)76/7&* 39/2tu!Tu!gspn!Bnnpo!Se!up!Dspxmfz!Se;!Xjefo!up!6!mboft!)44/4&*! 3:/66ui!Fbtu!0!2tu!Tu;!Jotubmm!spvoebcpvu!)73/9&*! 41/2tu!Tu;!Xjefo!up!4!mboft!gspn!63oe!Fbtu!up!66ui!Fbtu!)71/8&*! 42/32tu!Tu;!Xjefo!up!4!mboft!gspn!Dspxmfz!Se!up!63oe!Fbtu!)57/6&*! 37 Water Study -Recommendations esjoljoh!xbufs!efnboet!gps!uijt!efwfmpqnfou/!Bt!b!sftvmu-!uifsf!jt!op!dibohf!up!uif! .Xbufs!Tuvez!Vqebuf!cz!Lfmmfs!Bttpdjbuft 2/Dpotusvdu!bmm!Xbufs!Tztufn!Dpnqpofout b/Efwfmpqfs!nvtu!dpotusvdu!bmm!dpnqpofout!pg!uif!xbufs!tvqqmz!tztufn!boe!nffu!bmm!Djuz!tuboebset!boe!EFR! tuboebset/!Op!Djuz!bttjtubodf/! 3/Xfmmt b/Dpotusvdu!uxp!)3*!hspvoexbufs!xfmmt!up!tvqqmz!uif!tvcejwjtjpo!pg!bmm!esjoljoh!xbufs!offet/!Op!Djuz! bttjtubodf/! 4/Xbufs!Ubol b/Dpotusvdu!b!2/1!njmmjpo!hbmmpo!ubol!up!tupsf!xbufs!xjuijo!uif!tvcejwjtjpo/!!Op!Djuz!bttjtubodf/ 5/Cpptufs!Tubujpo/! b/Cpptufs!tubujpo!up!dpouspm!xbufs!qsfttvsft!xjuijo!uif!tvcejwjtjpo/!!Op!Djuz!bttjtubodf/! 38 Water Study Recommendations -Continued Wells$1,748,000 Tank and Site$2,757,000 Booster Pump $1,460,000 Station Professional $1,213,000 Services TOTAL$7,177,000 39 Water Study Recommendations - Continued 3: Water Rights, Irrigation, and Fees -Recommendations 2/5/6!DGT!pg!Hspvoexbufs!Sjhiut/! b/Pqujpo!2;!Effe!up!uif!Djuz!pg!Bnnpo!bddfqubcmf!hspvoexbufs!sjhiut!frvjwbmfou!up!5/6!DGT! )336!bdsft!ps!:11!bdsf!gffu* c/Pqujpo!3;!Qbz!Djuz!pg!Bnnpo!b!gff!jo.mjfv!pg!hspvoexbufs!sjhiut!pg!bqqspyjnbufmz!%2/6! njmmjpo!)uijt!bnpvou!jt!tvckfdu!up!dibohf!cbtfe!po!nbslfu!dpoejujpot* 3/Qsfttvsj{fe!Jssjhbujpo!)Tvsgbdf!Xbufs*! b/Sfrvjsf!tvsgbdf!xbufs!gps!bmm!pvuepps!jssjhbujpo c/Uijt!jt!bmsfbez!b!sfrvjsfnfou!cz!Ujumf!9.21!pg!uif!Bnnpo!Nvojdjqbm!Dpef 4/Dpoofdujpo!Gff!)Djuz*!.%2-511!qfs!voju!)%5-4:8-511!upubm* 41 Wastewater Study -Recommendations .V.C!sfwjfxfe!uif!fggfdu!uibu!uiftf!tmjhiu!efdsfbtft!jo!uif!gmpx!wbmvft!xjmm!ibwf!po!uif!qjqf! tj{joh!boe!jnqbdut!fwbmvbufe!boe!qsftfoufe!jo!uif!psjhjobm!tuvejft/!K.V.C!dpodmvefe!uibu!uifjs!fggfdu!xjmm! .Xbtufxbufs!Tuvez!Vqebuf!cz!K.V.C!)Qbhf!3*! 2/Dpotusvdu!bmm!Xbtufxbufs!Tztufn!Dpnqpofout b/Efwfmpqfs!nvtu!dpotusvdu!bmm!dpnqpofout!pg!uif!xbtufxbufs!dpmmfdujpot!tztufn!boe!nffu!bmm!Djuz! tuboebset!boe!EFR!tuboebset/!Op!Djuz!bttjtubodf/ 3/Dpotusvdu!Usbotnjttjpo!Mjof!up!FJSXXB!Nbjo!Mjof b/Bdrvjsf!bmm!ofdfttbsz!fbtfnfout!boe!sfqmbdf!nbjo!mjoft!uispvhi!Uif!Wjmmbt/ c/Sfqmbdf!boe!vqhsbef!usvol!mjof!gspn!efwfmpqnfou-!uispvhi!Uif!Wjmmbt-!up!Dspxmfz!Se/! d/Fmjnjobuf!mjgu!tubujpo!jo!Uif!Wjmmbt/ e/Dpoofdu!up!FJSXXB!Nbjo!Mjof!bu!Tvooztjef0Dspxmfz!Se/ 4/Dpoofdujpo!Gfft!)Djuz!pg!Bnnpo* b/Sfrvjsfe!up!qbz!Djuz!dpoofdujpo!gff!pg!%2-411!qfs!voju!)%5-194-411!upubm*! 5/Dpoofdujpo!Gfft!)FJSXXB* b/Sfrvjsfe!up!qbz!FJSXXB!dpoofdujpo!gfft! 42 c/Dvssfoumz-!uijt!gff!jt!%6-74:!qfs!voju!)%28-823-1::!upubm*! Wastewater Study -Recommendations 43 Floodplain Study -Recommendations Vqebuf;!Uif!rvftujpo!nbz!dpnf!vq!bt!up!xifuifs!pvs!Bvhvtu!3132!sfqpsu!jt!tujmm!wbmje!ps!offet!up!cf! vqebufe/!Uif!botxfs!jt!uibu!ju!jt!tujmm!wbmje!cfdbvtf!pvs!nfnpsboevn!qfsubjot!up!gmppexbufst!hfofsbufe! vqmboe!gspn!uif!efwfmpqnfou!sbuifs!uibo!po!uif!efwfmpqnfou-!tp!tijgujoh!efotjuz!gspn!pof!mpdbujpo!up! bopuifs-!xijmf!ju!nbz!jnqbdu!mpdbm!tupsnxbufs!eftjho-!ibt!op!jnqbdu!po!pvs!gmppeqmbjo!bttfttnfou!boe! njujhbujpo/!Xibu!xf!qspqptfe!cfgpsf!bt!gmppe!njujhbujpo!dpodfqut!sfnbjo!vodibohfe/!.Gmppeqmbjo!Tuvez! Vqebuf!gspn!Xjmmjbnt!Fohjoffsjoh! 2/Pcubjo!GFNB!Bqqspwbm!gps!uif!gpmmpxjoh;!! b/Sfnpwf!bmm!cvjmejoh!bsfbt!gspn!uif!gmppeqmbjo/!!)Djuz!pg!Bnnpo!qspijcjut!dpotusvdujpo!xjuijo!uif!Gmppeqmbjo/*!Op!djuz! bttjtubodf/! c/Eftjho!gmppe!dpowfzbodf!diboofmt!bt!ejsfdufe!cz!GFNB/ d/Njujhbuf!gmppe!dpoejujpot!gps!epxotusfbn!vtfst-!bt!ejsfdufe!cz!GFNB/ 3/Gspn!uif!Tuvez; b/ pxofst!jo!bo!bddfqubcmf!nboofs-!xijdi!nfbot!uibu!boz!bewfstf!dibohf!jo!rvboujuz-!gpsn-!ps!mpdbujpo!pg!ejtdibshf!up!puifs! )Qbhf!5-!Gmppeqmbjo!Tuvez* 44 Level I Environmental Study -Recommendations Gjoejoht; 2/Op!dpodfsot!xfsf!pctfswfe/! 3/Gspn!uif!tuvez-! )Qbhf!27-!QIBTF!J! FOWJSPONFOUBM!TJUF!BTTFTTNFOU*/ 45 Fiscal Impact Study -Recommendations Gjoejoht; 2/Qspkfdu!Ofu!Qsftfou!Wbmvf!)OQW*!pwfs!26!zfbst!jt!%4-892-744!xjui!b!4&! ejtdpvou!sbuf 3/Opnjobm!wbmvf!pg!%6-455-661/11!)xjuipvu!b!ejtdpvou!sbuf* 4/Tuvez!tipxt!qptjujwf!ofu!gvoe!cbmbodf!bgufs!Zfbs!2! b/Ofhbujwf!cbmbodf!jo!Zfbs!2!jt!evf!up!efmbz!jo!qspqfsuz!uby!dpmmfdujpot/ 5/Tuvez!epft!opu!beesftt!tusffu!dptut/!!Tubgg!sfdpnnfoet!pcmjhbujoh!211&!pg! boz!sfnbjojoh!cbmbodft!up!tusffu!dptut!boe!nbjoufobodf/! 46 DATE: May 25, 2022 TO: The City of Ammon, Planning and Zoning Commission FROM: Shawn Boyle, 6029 Pheasant Dr., Ammon, ID 83401 SUBJECT: Public Comment on Hearing Notice #2021-030 and #2021-032 As an Ammon resident, I oppose the annexation of approximately 1 square mile in the foothills for high- density development as outlined in Public Hearing #2021-030. The proposed development with 3,100+ units does not generally comply with the Ammon Comprehensive Plan and is not harmonious with and in accordance with specific goals and policies of applicable components of the Plan. Idaho Code §67-6500 et al. grants Cities the right to protect against undesirable development With the express authority in Idaho Code, the City of Ammon developed a Comprehensive Plan to provide changes that will happen to the City, rather than allowing the future Ammon residence can rely on the Comprehensive Plan to set the standards for proposed annexations and future growth. Indeed, Ammon City Ordinance 11-1-10 addressing Annexation Procedures and specifically the Commission Review states, "The Commission shall conduct a public hearing to review the application for annexation. The Commission shall review the particular facts and circumstances of a proposed annexation for the purpose of determining the following: (1) Whether the proposed annexation will be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and (2) Whether the proposed annexation generally complies with the Ammon Comprehensive Plan. Chapter 2. Kind of Place Citizens Want to Call Home Chapter 2 of the Comprehensive Plan calls for "planning that is designed to ensure that Ammon can remain the kind of place its citizens want to call home." The proposed annexation with its extremely high concentration of units in the foothills is not the kind of growth that Ammon citizens want. In November 2021, I created an online petition in opposition to the proposal which received over 816 signatures in less than a few days. The overwhelming opposition to the development was also manifest by the attendance at the first Commission hearing. After filling Ammon City building, many were turned away and their due process rights were assigned to a Zoom platform. Chapter 10. Value Small-Town Atmosphere Chapter 10 of the Comprehensive Plan further describes the kind of place that Ammon citizens want to call home. It states, "the citizens of Ammon overwhelmingly value the small-town atmosphere provided by their neighborhoods and communities." Small-town atmosphere is directly correlated with population. This Chapter indicates that in 2016 the population of Ammon was 15,252. In 2040, the projected population is 24,297 a 1.88% Annual Growth Rate. The proposed Annexation would turn our small-town on its head. Using a standard average of 3.09 people per unit, the proposal would bring in just short of 10,000 people. (3,142*3.09=9,708.78) Accordingly, the projected development would impose an approximate 63.7% growth (9,708.78/15,252) on the City and the Plan's recommended population growth would be exceeded with just one development. The proposed density would transform our community. The population density of Ammon according to the Comprehensive Plan is approximately 3.15 people per acre (15,252 people in 4,831 acres). To the contrary, the proposed annexation would have a population density of 15.16 people per acre (9,708.78*640). The proposal is not harmonious with the small-town atmosphere that Ammon citizens "overwhelmingly value." Another policy from the Comprehensive Plan Accordingly, development on the foothills is generally proposed to be lower density; therefore, residential densities generally decrease further from regional commercial th land uses and 25 -density development in the foothills is anything but economic and efficient planning. Approving such a clear and drastic deviation from the Comprehensive Plan would permanently change the nature of Ammon. Chapter 12. Schools Chapter 12 addresses the communities concerns about overcrowding of schools. It is particularly concerning that the proposed development does NOT address this topic. Such an oversight appears to support the concern among citizens that the Utah based developer does not care about our community, rather its focus is on maximizing returns. The Comprehensive Plan states that as new annexation and development occurs, "placement of future schools and access to those schools should be a primary consideration." It is appalling that a high-density development bringing 9,700+ people into one square mile would not have place for one school. Similar populated communities such as Blackfoot or Burley need at least one high school, one junior high and three elementary schools to provide basic education to a community of approximately 10,000 people. Chapter 16. Viewshed of the Foothills Chapter 16 states that "Many Ammon residents enjoy the viewshed of the foothills to the east of Ammon. Maintaining this viewshed should be given consideration in development decisions as the city continues to expand toward the foothills." The proposed annexation with its extremely aggressive density would significantly alter the foothills and Ammon citizens views thereof. Chapter 16 also states, the foothills and land further east provide abundant wildlife habitat. Efforts to understand and maintain connectivity of migration corridors should also be a consideration for developments expanding toward and into the foothills." Summary The proposed high-density development in the foothills is contrary to the Ammon Comprehensive Plan and simply not what Ammon citizens want. It is certainly not what Ammon citizens and staff envisioned when it created the Comprehensive Plan. In my opinion, there are only two ways that the proposal can be approved by the Commission, 1) completely ignore Ammon City Ordinances and the Comprehensive Plan, or 2) completely revise the Comprehensive Plan to allow for such drastic deviation from the current community standards. I trust that the Commission has greater integrity than to succumb to either of these options. I respectfully urge the Ammon Planning & Zoning Commission to oppose the proposed annexation as it is does not generally comply with the Ammon Comprehensive Plan, nor is it harmonious and in accordance with specific goals and policies of applicable components of the Plan. 10-37-2 (A) RESIDENTIAL DISTRICT USES RE1.0043,560125'70%50'20'25'1,5002,60035'30'PP1.00 RP2.50 12,000 100'70%30'10'25'1,4002,40035'30'PP1.00 P6, P7 RP-A2.50 10,000 90'70%30'10'25'1,2002,00035'30'PP1.00 R-14.00 5,000 50'70%30'8'25'1,0001,50035'30'PP1.00 P6, P7 R-1 prior to 6-27-13 4.00 8,000 80'70%30'8'25'1,0001,50035'30'PP1.00 P6, P7 R1-A4.00 5,000 sq ft/unit 100'70%30'P1, 8'25'1,0001,50035'30'PP2.00 P6, P7 14' total with a minimum of 4' on one side RS6.00 4,000 50'50%25'20'800 1,20035'20'P1.00 R-28.00 P2 100'65%30'P1, 8'25'900 1,30035'30'P4.0010'P6, P7 R2-A12.00 P3 100'65%30'P1, 8'25'1,100 40'30'Pup to 8.0010'Fence P6, P7 P R-316.00 P4 100'65%30'P1, 8'25'1,000 40'30'Pup to 16.0010'Fence P6, P7 P R3-A20.00 P5 100'65%30'P1, 8'25'1,000 40'30'Pup to 20.0010'Fence P6, P7 P RMH4.00 8,000 sq ft 50'70%30'P1, 8'25'1,000 35'30'P1.00 MU20' Not Permitted PPermitted P1There shall be no side yard requirement for the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls with the following requirements: a) At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero lot line, the side yard requirement shall be no less than four (4) feet from the foundation of the detachment to the property line. b) For detached portions that are at the front of an attached dwelling, there shall be no less than four (4) feet from the foundation of the detachment to the property line and there shall be no more than four (4) feet running front to back of the dwelling that shall be detached from the dwelling sharing the party wall/common wall. c) There shall be an attached party wall/common wall of no ness than twelve (12) feet between any attached dwellings permitted within this chapter or any subsequent chapter allowing single family attached dwellings. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P2 feet. For each building containing three or four dwelling units the minimum lot area is 18,000 square feet. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P3 feet. For each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit. P4For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P5 feet. For each building containing three or more dwelling units the minimum lot area is 12,200 sq. ft. plus 2,200 sq. ft. for each dwelling unit. P6Family Child Care Facility - five (5) or fewer children P7Group Child Care Facility - six (6) to twelve (12) children###### Ammon Planning and Zoning Commission June 1, 2022 Chairman Nick Torman and Commissioners: Public Hearing #2022-011 Cook Annexation Staff Presenting Cindy Donovan Planning Director Compliance - Request is in compliance with the Comprehensive Plan, Comprehensive Plan Land Use Map, and Title 10, Chapter 4 Criteria for Decision Title 11, Chapter 1, Section 10 1. and policies of applicable components of the Ammon Comprehensive Plan; and 2. 3. Council regarding the annexation. This recommendation must include a zoning recommendation. Recommendations - At this time, staff recommends waiving the impact studies based on the size of the annexation and the zoning requested. Summary of Analysis 1. Comprehensive Plan Land Use Map designates the area requested to annex as Low Density Residential 2. Parcel has an existing home and is currently used for residential/agriculture in Bonneville County 3. Requesting annexation with initial zone of R-1, to be consistent with the Mountain Bend subdivision to the east 4. Comprehensive Plan Chapter 6: Comprehensive Plan is based on projections, assumptions and predictions about future conditions. Future conditions may deviate from expectations and the City should review and amend this plan to meet actual conditions. 5. Chapter 10, Page 20: As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. 6. Chapter 10, Page 23, Item 9: Establish land use patterns which build on existing water and sewer facilities. 7. Title 11 Chapter 1, Section 7: Submittal Requirements for Annexations less than ten (10) acres allows for the Administrator to waive any of the application requirements listed in Section 11-1- 6 at their sole and absolute discretion based on the size, scope, complexity, relevant previous studies, relevant previous applications, and known impacts of the proposed annexation. See complete Title 11 information attached. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Parcel Characteristics - General Location: north of 49th South, east of Sweet Water Way, south of Sunnyside Road, west of Thunder Drive - Acres: 4.440 acres - Current Zoning: Bonneville County A-1 Agricultural Zone - Requested Zoning: R-1 - Approval of annexation of 4.440 acres with the initial zone of R-1 - Presented by Corey and Andrea Cook Notice - Notice was published in the Post Register on April 29, 2022 and May 6, 2022 - Notice was mailed to 30 property owners and 20 public entities on April 29, 2022 - Property was posted on May 24, 2022 - Public Comment: No written public comment was received, we received several phone calls from adjacent property owners with questions Motion Approve I move to recommend approval of the annexation of 4.440 acres with the initial zoning of R-1, finding it is in compliance with the Comprehensive Plan and meets the City ordinances. Deny I move to recommend denial of the annexation of 4.440 acres with the initial zoning of R-1, finding it is not in compliance with the Comprehensive Plan or City ordinances. Continue I move to continue Public Hearing #2022-011 until further information can be attained. Attachments: 1. Vicinity Map 2. Comprehensive Plan Land Use Map 3. Comprehensive Plan Chapter 10 Land Use 4. Title 11 Chapter 1 - Annexation Procedures 5. Title 10 Chapter 4 - Amendments 6. Title 10 Chapter 14 - R-1 Residence Zone 7. Title 10 Chapter 37 Section 2 (A) Residential District Use Matrix 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 2018 City of Ammon Comprehensive Plan Chapter 10. Land Use decisions. This section also contains the future land use map. The future land use map is a graphic representation of the policies within this chapter. The map is created by using the policies, existing land use patterns, proposed transportation systems, natural features such as the foothills and flood hazard areas/floodplains, population projections, and the ideas and opinions contributed during the citizen participation process. The comprehensive land use map can be found at www.cityofammon.us. Since the future land use map is a generalized representation of the following policies, the policies are controlling. The policies outlined in this chapter are to be consulted and used when staff, the Planning and Zoning Commission and the City Council are reviewing: Requests for zoning changes, Requests for annexations and initial zoning, Plans and expenditures for expansion of major infrastructure such as water and sewer trunk lines and transportation facilities which encourage growth, Plans for new major infrastructure such as parks, schools, and fire stations which will channel growth to certain locations, and Requests or investments in major public buildings such as city halls, libraries, recreation centers or city center facilities. Projected Population Growth The Bonneville Metropolitan Planning Organization (BMPO) has projected an estimated growth rate of 1.88% annually from 2014 to 2040 for the metropolitan area in its 2040 Long Range Transportation Plan. The U.S. Census Bureau estimates the 2016 population of Ammon at 15,252 (Table 8). If this population is projected to 2040 using the BMPO estimated growth rate of 1.88%, the 2040 population of Ammon is projected to be 24,297. If the densities of Ammon do not increase beyond their 2016 densities, the amount of land required to hold the 2040 population and businesses ranges from approximately 3,900 acres to 4,700 acres. Today Ammon contains 4,831 acres, of which almost one-half is vacant. Although it appears as if the future growth until 2040 may be accommodated within the present boundaries of the city, not all of this vacant land may be easily or economically developed. Therefore, it is likely future annexations may be required to ensure both public and private investments are made in locations where private investments and public costs, including maintenance, are economically sound. Table 8. Projected Ammon Population, 2040. 2010 Population 2016 Population 2014-2040 Annual Projected 2040 Estimate Growth Rate Population Ammon 13,816 15,252 1.88% 24,297 SOURCE: U. S. Census Bureau and BMPO 2040 Long-Range Transportation Plan. Census count of 7,016 for 2000 population. The area of impact contains over 11,000 acres and has sufficient land for growth beyond 2040. However, as with the presently annexed lands within Ammon, not all lands within the area of impact may be suitable for economic and efficient future municipal development. As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. 20 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan T ABLE 9. 2017 ACRES BY LAND USE CATEGORIES AND 2040 ANTICIPATED DEMAND. Land Use and (Zone) Developed Vacant Percentage Additional Acres Additional Acres Acres, Acres, 2017 Vacant, Needed to Meet Needed to Meet 2040 2017 2017 2040 Demand, Demand, 29,598 24,297 Residential 1,958 1,347 41% 1,123 1,782 (R1, R1A, R2, R2A, R3, R3A, RE, RMH, RP, RPA) Commercial 291 355 55% 172 272 (C1, CC1, GC1, HC1) Office (PB) 26 17 65% 5 8 Industrial (IM1) 149 105 44% 140 223 Parks/Schools/ 188 4.5 3% - - Churches SOURCE: Table of acres in zones, City Administrator, City of Ammon, January, 2018. rural roots yet provides a variety of housing types and styles for its residents; encourages shopping opportunities for the region, community, and neighborhood; continues to support and enhance the st infrastructure necessary to work and live successfully in the 21 Century; works to attract tech and professional businesses to the community; uses its natural features for open space and recreation; and through a public/private partnership, builds a city center or gathering place which provides a walkable environment of mixed-uses including community event space, small shops, public buildings, and mixed housing types housing and offices. Policies Based on Existing Land Use Patterns The land use policies and, therefore, future land use map reflect these existing patterns in land use in Ammon: thth 1. Regional and community commercial uses line 25 East and portions of 17 Street, one a major arterial street and the other a minor arterial street. 2. In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses (Figure 3). 3. Community and neighborhood commercial uses have been channeled to the intersections of major or minor arterial streets. 4. Secondary school facilities buffer residential uses from regional commercial uses. 5. Elementary schools are generally located in the center of the residential neighborhoods they serve. 21 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 6. In certain limited locations, parks reflect natural features or limitations to development. 7. Development on the foothills is generally proposed to be lower density; therefore, residential th densities generally decrease further from regional commercial land uses and 25 East. Densities decrease as one travels farther from commercial land uses. 8. Residential densities are predominantly less than four units per acre. FIGURE 3. RECOMMENDED LAND USE PATTERNS AT THE INTERSECTION OF MAJOR AND MINOR ARTERIAL STREETS. 1. In new developments, density declines as development moves further away from arterial and collector streets, with higher densities transitioning to lower densities. 2. Recognize natural features, such as topography, floodplains, drainage areas, and wildlife corridors, may be amenities to development and may be used to enhance the community and neighborhood (Figures 4 and 5). 3. Encourage completion and submission of site analysis, including topography, hydrology including water table, soil suitability, drainage patterns, slope and similar natural features, prior to submission of preliminary development designs. 4. Protect life and property from natural hazards through, but not limited to, identification of such areas, open space and park plans and acquisition, reduction of densities in such areas, and enforcement of construction codes. 5. Preserve and protect the major transportation corridors in Ammon and enhance the experience of the visitor and resident by ensuring such corridors are attractive and inviting. 6. Protect the public investment in major transportation corridors through land use decisions which discourage strip commercial development; discourage mid-block commercial uses except on designated arterial roadways; require, when necessary due to anticipated traffic demand, traffic studies and related improvements; control highway access; and use landscaping to beautify as well as control traffic movement. 22 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan This sketch illustrates one approach to steep slopes and a floodplain. The private lots encompass a portion of the steep slopes and are partially covered with a no-build easement. The floodplain may be owned and included as a part of a platted lot with a no- build easement within the floodplain portion, in common by the homeowner association or is a natural park owned by the city. Another approach is to extend the lot lines to the stream and encompass the steep slopes and the floodplain within the no-build easement. SOURCE: Based on Figure 25 from Land Development 2 . FIGURE 4. ONE APPROACH TO LAND USE ASSOCIATED WITH STEEP SLOPES AND FLOODPLAINS. 7. Recognize the benefits of different residential street layouts and encourage the use of the one which is most beneficial to the public in the proposed location. Grid layouts disperse local traffic, enhance walkability, and connect neighborhoods. Circular street layouts reduce costs for construction and maintenance, reduce the amount of impermeable cover, discourage through traffic, and encourage layouts which protect sensitive lands. Cul-de-sacs share the benefits of circular street layouts but should be used only when staff, Planning and Zoning and the City Council agree it to be in the best interest of the residents. Cul-de-sacs, while providing benefits, also provide significant issues when considering parking and snow removal. 8. If developments are constructed with circular street layouts or cul-de-sacs, pedestrian pathways should be provided to ensure neighborhood connectivity and to ensure convenient pedestrian access to schools, parks, and open space. Such paths might also provide access to small commercial facilities needed for daily goods. 9. Encourage infill development to ensure development is compact, economic and efficient. 10. Establish land use patterns which build on existing water and sewer facilities. 11. Link homes, schools, parks and shopping areas with bicycle and pedestrian paths. Consider using sensitive lands in such linkages. 12. Continue to require adequate storm water management for new development and explore methods to safely allow multi-use of such facilities. 23 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan F IGURE 5. T WO DIFFERENT APPROACHES TO ADDRESSING STEEP SLOPES AND A FLOODPLAIN. 24 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan 13. Develop site and design review standards to increase depth of yards adjacent to major streets and railroad. Encourage design treatments such as building orientation, height limitations, fencing, and landscaping to reduce land use conflicts, especially adjacent to major streets, the railroad, or heavier commercial and industrial areas. 14. To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. 15. Locate commercial and higher density residential uses at or near intersections of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. 16. Explore the development of a tech/research park to increase employment opportunities in Ammon. 17. Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 18. To retain the rural nature of Ammon, discourage lot splits in established subdivisions and protect existing farm operations from land use conflicts with proposed developments. The policies by land use categories found on the future land use plan are as follows: High Density Residential 1. The maximum density for high density residential is twenty dwelling units per acre. 2. High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. 3. High-density residential uses should be located within walking distance of commercial developments. 4. High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. 5. Developments built at these densities should be walkable and, when available, can be served by transit. Site design should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. 6. High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. 7. A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. 25 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 8. To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six to seven-foot wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. 9. High density residential should be located near or provide for transit pickups as they are available. As high-density developments are created in the City, there should be a review of the current transit stops for the potential of offering pickup on site or near the high density developments 10. Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 11. Each living unit in a high-density residential development should be individually platted to encourage homeownership. 26 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan Low Density Residential 1. The maximum density is 6.0 units per acre for detached housing. th 2. East of 45 East the maximum density shall be 4.0 units per acre. 3. Low-density residential may consist of single-family detached homes on larger sized lots with wider side yard setbacks. Low density may also consist of single-family detached homes on smaller lots as well as single-family attached twin-homes. Other creative solutions may exist in low-density developments, provided the maximum density is not exceeded. Institutional Uses (Schools and Churches) 1. Institutional uses such as elementary schools and churches should be located in residential neighborhoods on collector streets. Secondary schools should be located near minor or major arterial streets. 2. Shared use agreements should be pursued with schools to allow the playgrounds to be used outside of school hours by the surrounding neighborhood as park and open space. 3. A line of communication should be maintained between school and city personnel to regularly discuss population projections and anticipated growth patterns, needs for school facilities, and impacts of school location on municipal utilities and facilities. Discussions should also include potential requirements by the City as placement of schools are considered. Heavy Commercial Table 10. shows the general characteristics associated with heavy commercial developments. Not all numbers in this table fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables below while the population served is often smaller. As a result of a larger market area and longer distance to the shopping centers both the minutes of driving time and the distance in miles will likely be increased for this market. T ABLE 10. C HARACTERISTICS OF REGIONAL AND SUPER-REGIONAL SHOPPING CENTERS Types of Site Area Population Radius of Market Area Number of Shopping Served Stores Leading Tenant Minutes of Distance in Center Driving Time Miles Regional 10 - 60 acres 150,000 20-30 8+ Full-line department 40-80 50-acre average store Super-regional 15-100 acres 300,000 30+ 12+ Three or more 100+ department stores SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Regional and super-regional shopping areas should be located on major and minor arterial streets (Figure 6). 2. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization Access Management Plan, July 2012. 3. The clustering of major commercial developments should be encouraged at intersections. The continuation of commercial development along the frontage of arterial roadways should maintain low access egress for businesses along the frontage at major points or roadway 27 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan intersections. A shared access traffic aisle should be required throughout developments along the entirety of the arterial roadway. Landscaping within all commercial developments should meet the requirements of Ammon Code Title 10, Chapter 5, Section 24. 4. Require perimeter landscaping for new commercial development. Landscaping not only reduces the visual impact of parking lots; it also directs traffic movement through the parking area and defines access to the neighboring street network. The Urban Land Institute states a reasonable amount of landscaping is 10% of the total site and 20% of the parking area. Such landscaping can be used for storm water retention and snow storage. 5. Shopping areas should buffer adjacent residential areas from the lights and noise of commercial areas by landscaping, fencing, and building placement. 6. Professional offices offer an effective buffer between major commercial areas and apartments and homes. If high density residential is located next to major commercial areas, the location of parking areas, garages, landscaping and fences for such residential uses should buffer the dwelling units from the noise and light of the commercial areas. FIGURE 6. RECOMMENDED LOCATIONS FOR SITING COMMERCIAL DEVELOPMENT AT THE INTERSECTIONS OF ARTERIAL STREETS. Light Commercial Community and Neighborhood Shopping Areas and Professional Offices As with the table above under regional shopping areas, not all the numbers fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables above while the population served is often smaller. As a result of a larger market area and longer distances to shopping centers, both the minutes of driving time and the distance in miles will likely be increased for this market. 28 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan However, the table still provides a framework for commercial locations and provides fairly realistic numbers for the site area necessary for stores and shopping centers (Table 11). T ABLE 11. C HARACTERISTICS OF COMMUNITY AND NEIGHBORHOOD SHOPPING CENTERS. Types of Site Area Population Served Radius of Market Area Number of Shopping Stores Leading Tenant Minutes of Distance in Center Driving Time Miles Community 10 - 30 40,000 - 150,00 10-20 3-5 Variety store 15-40 acres 50,000 average Neighborhood 2.5 - 10 2,500-40,000 5-10 1.5 Grocery store 5-20 acres 10,000 average SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Neighborhood centers should be located in clusters at the intersections of arterial streets. Since they serve the immediate residential area, they may be located at intersections with minor arterials or with major collectors. 2. If neighborhood centers are located at the major arterial intersections, pedestrian access to the neighboring residential areas should be provided to allow residents to shop without having to use the arterial street to access the shopping area. 3. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization most current Access Management Plan. 4. Shopping areas adjacent to residential areas should be required to use exterior lighting designs that shield the residential area from light pollution, as well as using fencing and landscaping to reduce noise from commercial areas. Industrial 1. When reviewing requests by heavy industries that may have major off-site impact costs and infrastructure needs beyond what is available at the time of the request, those cost should be included as part of any approval and passed on to the developer as a required development cost. 2. When zoning for industrial uses, consider the predominant wind patterns from the southwest. 3. Locate industrial lands near major arterials with good access to highways, and/or adjacent to railroad facilities. Regional airport access is available by accessing the east and west arterial roadways and accessing either I-15 or Highway 20. 29 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 4. Buffer residential areas from industrial lands by roadways, office and shopping areas, open space, landscaping, berms, and fencing. Such buffering should be tailored to the industrial use. The buffering required for a food processing plant is likely to be different than the buffering required for a research laboratory or light assembly plant. Parks and Open Space 1. The existing parks are shown on the future land use map as parks. 2. Future parks are shown symbolically on the future land use map to suggest a park or open space needed to serve the neighborhood as it develops. 3. Sensitive lands such as floodplains, wetlands, steep slopes, and drainages, plus exhausted gravel pits, may be shown as open space. Land Use Categories and Applicable Zones T ABLE 12. L AND-U SE C ATEGORIES AND A PPLICABLE Z ONES. Land Use Category Applicable Zones More than six (6.0) dwelling units per acre (R2, R2A, R3, R3A, MU, High Density Residential PUD) A maximum of six (6.0) dwelling units per acre (RE, RP, RPA, R1, Low Density Residential R1A, RS, MU, PUD, RMH) Institutional uses By Conditional Use Permit and/or allowed by zone Heavy commercial C1, HC1, CC1, GC1, MU Light commercial PB, LC/PB, MU Industrial I&M1, I&M2, M-1 Parks, open space All zones. 30 Adopted by 2018-005R. Amended by Resolution 2021-013R. CHAPTER 4 AMENDMENTS SECTION: 10-4-1: Ordinance and Map May Be Amended 10-4-2: Petition to Planning Commission 10-4-3: Amendments to be in Harmony with Land Use Plan 10-4-4: Public Hearing Notice 10-4-5: Reconsideration 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. 10-4-2: APPLICATION FOR AMENDMENT: Persons seeking an amendment of the zoning ordinance or map shall submit an application to the Administrator designating the change desired, the reasons therefor and wherein the proposed amendment would further promote the objectives and purposes of the zoning ordinance, together with such fee as may be established by the City Council. Upon the receipt of the application, the Planning Commission shall consider the request. The Planning Commission shall call a public hearing upon such matters as are required to be heard by the Planning Commission under law and may call a public hearing on other matters, in the commission's discretion before submitting its recommendations to the City Council. The Planning Commission may also recommend amendments to the ordinance and map to the City Council on its own initiative. 10-4-3: AMENDMENTS BASED ON PRACTICAL APPLICATION OF THE COMPREHENSIVE PLAN: Before recommending an amendment to the ordinance, it must be shown that such amendment is founded upon sound reason and practical application of the Comprehensive Plan adopted by the City Council 10-4-4: PUBLIC HEARING NOTICE: Applications for amending the zoning ordinance and zoning map shall comply with public hearing and notice requirements of Idaho Code Title 67, Chapter 65. 10-4-5: RECONSIDERATION: Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. tğŭĻ Њ ƚŅ Њ wĻǝźƭĻķ ЊЊΏЊВΏЋЉЋЉ CHAPTER 14 R-1 RESIDENCE ZONE SECTION: 10-14-1: General Objectives and Characteristics of Zone 10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-1 Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width and a somewhat denser residential environment. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-1 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). Page 1 of 1 REVISED 05062021 10-37-2 (A) RESIDENTIAL DISTRICT USES RE1.0043,560125'70%50'20'25'1,5002,60035'30'PP1.00 RP2.50 12,000 100'70%30'10'25'1,4002,40035'30'PP1.00 P6, P7 RP-A2.50 10,000 90'70%30'10'25'1,2002,00035'30'PP1.00 R-14.00 5,000 50'70%30'8'25'1,0001,50035'30'PP1.00 P6, P7 R-1 prior to 6-27-13 4.00 8,000 80'70%30'8'25'1,0001,50035'30'PP1.00 P6, P7 R1-A4.00 5,000 sq ft/unit 100'70%30'P1, 8'25'1,0001,50035'30'PP2.00 P6, P7 14' total with a minimum of 4' on one side RS6.00 4,000 50'50%25'20'800 1,20035'20'P1.00 R-28.00 P2 100'65%30'P1, 8'25'900 1,30035'30'P4.0010'P6, P7 R2-A12.00 P3 100'65%30'P1, 8'25'1,100 40'30'Pup to 8.0010'Fence P6, P7 P R-316.00 P4 100'65%30'P1, 8'25'1,000 40'30'Pup to 16.0010'Fence P6, P7 P R3-A20.00 P5 100'65%30'P1, 8'25'1,000 40'30'Pup to 20.0010'Fence P6, P7 P RMH4.00 8,000 sq ft 50'70%30'P1, 8'25'1,000 35'30'P1.00 MU20' Not Permitted PPermitted P1There shall be no side yard requirement for the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls with the following requirements: a) At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero lot line, the side yard requirement shall be no less than four (4) feet from the foundation of the detachment to the property line. b) For detached portions that are at the front of an attached dwelling, there shall be no less than four (4) feet from the foundation of the detachment to the property line and there shall be no more than four (4) feet running front to back of the dwelling that shall be detached from the dwelling sharing the party wall/common wall. c) There shall be an attached party wall/common wall of no ness than twelve (12) feet between any attached dwellings permitted within this chapter or any subsequent chapter allowing single family attached dwellings. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P2 feet. For each building containing three or four dwelling units the minimum lot area is 18,000 square feet. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P3 feet. For each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit. P4For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P5 feet. For each building containing three or more dwelling units the minimum lot area is 12,200 sq. ft. plus 2,200 sq. ft. for each dwelling unit. P6Family Child Care Facility - five (5) or fewer children P7Group Child Care Facility - six (6) to twelve (12) children###### Ammon Planning and Zoning Commission June 1, 2022 Chairman Nick Torman and Commissioners: Public Hearing #2022-014 Wright Annexation Staff Presenting Cindy Donovan Planning Director Compliance - Request is in compliance with the Comprehensive Plan, Comprehensive Plan Land Use Map, and Title 10, Chapter 4 Criteria for Decision Title 11, Chapter 1, Section 10 1. and policies of applicable components of the Ammon Comprehensive Plan; and 2. 3. Council regarding the annexation. This recommendation must include a zoning recommendation. Recommendations - At this time, staff recommends waiving the impact studies based on the size of the annexation and the zoning requested. Summary of Analysis 1. Comprehensive Plan Land Use Map designates the area requested to annex as Low Density Residential 2. Parcel is currently used for residential/agriculture in Bonneville County 3. Requesting annexation with initial zone of RP, to be consistent with the Quail Ridge subdivision to the north 4. Comprehensive Plan Chapter 6: Comprehensive Plan is based on projections, assumptions and predictions about future conditions. Future conditions may deviate from expectations and the City should review and amend this plan to meet actual conditions. 5. Chapter 10, Page 20: As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. 6. Chapter 10, Page 23, Item 9: Establish land use patterns which build on existing water and sewer facilities. 7. Title 11 Chapter 1, Section 7: Submittal Requirements for Annexations less than ten (10) acres allows for the Administrator to waive any of the application requirements listed in Section 11-1- 6 at their sole and absolute discretion based on the size, scope, complexity, relevant previous studies, relevant previous applications, and known impacts of the proposed annexation. See complete Title 11 information attached. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Parcel Characteristics - General Location: north of Sunnyside Road, east of South 60th East (Scenic Drive), south of East 21st South, west of Foothill Road - Acres: 4.072 acres - Current Zoning: Bonneville County G-1 Grazing Zone - Requested Zoning: RP - Approval of annexation of 4.072 acres with the initial zone of RP - Presented by Christopher and Angela Wright Notice - Notice was published in the Post Register on April 29, 2022 and May 6, 2022 - Notice was mailed to 12 property owners and 20 public entities on April 29, 2022 - Property was posted on May 24, 2022 - Public Comment: No written public comment was received Motion Approve I move to recommend approval of the annexation of 4.072 acres with the initial zoning of RP, finding it is in compliance with the Comprehensive Plan and meets the City ordinances. Deny I move to recommend denial of the annexation of 4.072 acres with the initial zoning of RP, finding it is not in compliance with the Comprehensive Plan or City ordinances. Continue I move to continue Public Hearing #2022-014 until further information can be attained. Attachments: 1. Vicinity Map 2. Comprehensive Plan Land Use Map 3. Comprehensive Plan Chapter 10 Land Use 4. Title 11 Chapter 1 - Annexation Procedures 5. Title 10 Chapter 4 - Amendments 6. Title 10 Chapter 12 - RP Residence Zone 7. Title 10 Chapter 37 Section 2 (A) Residential District Use Matrix 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Property Location 2018 City of Ammon Comprehensive Plan Chapter 10. Land Use decisions. This section also contains the future land use map. The future land use map is a graphic representation of the policies within this chapter. The map is created by using the policies, existing land use patterns, proposed transportation systems, natural features such as the foothills and flood hazard areas/floodplains, population projections, and the ideas and opinions contributed during the citizen participation process. The comprehensive land use map can be found at www.cityofammon.us. Since the future land use map is a generalized representation of the following policies, the policies are controlling. The policies outlined in this chapter are to be consulted and used when staff, the Planning and Zoning Commission and the City Council are reviewing: Requests for zoning changes, Requests for annexations and initial zoning, Plans and expenditures for expansion of major infrastructure such as water and sewer trunk lines and transportation facilities which encourage growth, Plans for new major infrastructure such as parks, schools, and fire stations which will channel growth to certain locations, and Requests or investments in major public buildings such as city halls, libraries, recreation centers or city center facilities. Projected Population Growth The Bonneville Metropolitan Planning Organization (BMPO) has projected an estimated growth rate of 1.88% annually from 2014 to 2040 for the metropolitan area in its 2040 Long Range Transportation Plan. The U.S. Census Bureau estimates the 2016 population of Ammon at 15,252 (Table 8). If this population is projected to 2040 using the BMPO estimated growth rate of 1.88%, the 2040 population of Ammon is projected to be 24,297. If the densities of Ammon do not increase beyond their 2016 densities, the amount of land required to hold the 2040 population and businesses ranges from approximately 3,900 acres to 4,700 acres. Today Ammon contains 4,831 acres, of which almost one-half is vacant. Although it appears as if the future growth until 2040 may be accommodated within the present boundaries of the city, not all of this vacant land may be easily or economically developed. Therefore, it is likely future annexations may be required to ensure both public and private investments are made in locations where private investments and public costs, including maintenance, are economically sound. Table 8. Projected Ammon Population, 2040. 2010 Population 2016 Population 2014-2040 Annual Projected 2040 Estimate Growth Rate Population Ammon 13,816 15,252 1.88% 24,297 SOURCE: U. S. Census Bureau and BMPO 2040 Long-Range Transportation Plan. Census count of 7,016 for 2000 population. The area of impact contains over 11,000 acres and has sufficient land for growth beyond 2040. However, as with the presently annexed lands within Ammon, not all lands within the area of impact may be suitable for economic and efficient future municipal development. As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost of maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. 20 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan T ABLE 9. 2017 ACRES BY LAND USE CATEGORIES AND 2040 ANTICIPATED DEMAND. Land Use and (Zone) Developed Vacant Percentage Additional Acres Additional Acres Acres, Acres, 2017 Vacant, Needed to Meet Needed to Meet 2040 2017 2017 2040 Demand, Demand, 29,598 24,297 Residential 1,958 1,347 41% 1,123 1,782 (R1, R1A, R2, R2A, R3, R3A, RE, RMH, RP, RPA) Commercial 291 355 55% 172 272 (C1, CC1, GC1, HC1) Office (PB) 26 17 65% 5 8 Industrial (IM1) 149 105 44% 140 223 Parks/Schools/ 188 4.5 3% - - Churches SOURCE: Table of acres in zones, City Administrator, City of Ammon, January, 2018. rural roots yet provides a variety of housing types and styles for its residents; encourages shopping opportunities for the region, community, and neighborhood; continues to support and enhance the st infrastructure necessary to work and live successfully in the 21 Century; works to attract tech and professional businesses to the community; uses its natural features for open space and recreation; and through a public/private partnership, builds a city center or gathering place which provides a walkable environment of mixed-uses including community event space, small shops, public buildings, and mixed housing types housing and offices. Policies Based on Existing Land Use Patterns The land use policies and, therefore, future land use map reflect these existing patterns in land use in Ammon: thth 1. Regional and community commercial uses line 25 East and portions of 17 Street, one a major arterial street and the other a minor arterial street. 2. In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses (Figure 3). 3. Community and neighborhood commercial uses have been channeled to the intersections of major or minor arterial streets. 4. Secondary school facilities buffer residential uses from regional commercial uses. 5. Elementary schools are generally located in the center of the residential neighborhoods they serve. 21 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 6. In certain limited locations, parks reflect natural features or limitations to development. 7. Development on the foothills is generally proposed to be lower density; therefore, residential th densities generally decrease further from regional commercial land uses and 25 East. Densities decrease as one travels farther from commercial land uses. 8. Residential densities are predominantly less than four units per acre. FIGURE 3. RECOMMENDED LAND USE PATTERNS AT THE INTERSECTION OF MAJOR AND MINOR ARTERIAL STREETS. 1. In new developments, density declines as development moves further away from arterial and collector streets, with higher densities transitioning to lower densities. 2. Recognize natural features, such as topography, floodplains, drainage areas, and wildlife corridors, may be amenities to development and may be used to enhance the community and neighborhood (Figures 4 and 5). 3. Encourage completion and submission of site analysis, including topography, hydrology including water table, soil suitability, drainage patterns, slope and similar natural features, prior to submission of preliminary development designs. 4. Protect life and property from natural hazards through, but not limited to, identification of such areas, open space and park plans and acquisition, reduction of densities in such areas, and enforcement of construction codes. 5. Preserve and protect the major transportation corridors in Ammon and enhance the experience of the visitor and resident by ensuring such corridors are attractive and inviting. 6. Protect the public investment in major transportation corridors through land use decisions which discourage strip commercial development; discourage mid-block commercial uses except on designated arterial roadways; require, when necessary due to anticipated traffic demand, traffic studies and related improvements; control highway access; and use landscaping to beautify as well as control traffic movement. 22 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan This sketch illustrates one approach to steep slopes and a floodplain. The private lots encompass a portion of the steep slopes and are partially covered with a no-build easement. The floodplain may be owned and included as a part of a platted lot with a no- build easement within the floodplain portion, in common by the homeowner association or is a natural park owned by the city. Another approach is to extend the lot lines to the stream and encompass the steep slopes and the floodplain within the no-build easement. SOURCE: Based on Figure 25 from Land Development 2 . FIGURE 4. ONE APPROACH TO LAND USE ASSOCIATED WITH STEEP SLOPES AND FLOODPLAINS. 7. Recognize the benefits of different residential street layouts and encourage the use of the one which is most beneficial to the public in the proposed location. Grid layouts disperse local traffic, enhance walkability, and connect neighborhoods. Circular street layouts reduce costs for construction and maintenance, reduce the amount of impermeable cover, discourage through traffic, and encourage layouts which protect sensitive lands. Cul-de-sacs share the benefits of circular street layouts but should be used only when staff, Planning and Zoning and the City Council agree it to be in the best interest of the residents. Cul-de-sacs, while providing benefits, also provide significant issues when considering parking and snow removal. 8. If developments are constructed with circular street layouts or cul-de-sacs, pedestrian pathways should be provided to ensure neighborhood connectivity and to ensure convenient pedestrian access to schools, parks, and open space. Such paths might also provide access to small commercial facilities needed for daily goods. 9. Encourage infill development to ensure development is compact, economic and efficient. 10. Establish land use patterns which build on existing water and sewer facilities. 11. Link homes, schools, parks and shopping areas with bicycle and pedestrian paths. Consider using sensitive lands in such linkages. 12. Continue to require adequate storm water management for new development and explore methods to safely allow multi-use of such facilities. 23 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan F IGURE 5. T WO DIFFERENT APPROACHES TO ADDRESSING STEEP SLOPES AND A FLOODPLAIN. 24 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan 13. Develop site and design review standards to increase depth of yards adjacent to major streets and railroad. Encourage design treatments such as building orientation, height limitations, fencing, and landscaping to reduce land use conflicts, especially adjacent to major streets, the railroad, or heavier commercial and industrial areas. 14. To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. 15. Locate commercial and higher density residential uses at or near intersections of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. 16. Explore the development of a tech/research park to increase employment opportunities in Ammon. 17. Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 18. To retain the rural nature of Ammon, discourage lot splits in established subdivisions and protect existing farm operations from land use conflicts with proposed developments. The policies by land use categories found on the future land use plan are as follows: High Density Residential 1. The maximum density for high density residential is twenty dwelling units per acre. 2. High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. 3. High-density residential uses should be located within walking distance of commercial developments. 4. High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. 5. Developments built at these densities should be walkable and, when available, can be served by transit. Site design should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. 6. High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. 7. A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. 25 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 8. To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six to seven-foot wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. 9. High density residential should be located near or provide for transit pickups as they are available. As high-density developments are created in the City, there should be a review of the current transit stops for the potential of offering pickup on site or near the high density developments 10. Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 11. Each living unit in a high-density residential development should be individually platted to encourage homeownership. 26 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan Low Density Residential 1. The maximum density is 6.0 units per acre for detached housing. th 2. East of 45 East the maximum density shall be 4.0 units per acre. 3. Low-density residential may consist of single-family detached homes on larger sized lots with wider side yard setbacks. Low density may also consist of single-family detached homes on smaller lots as well as single-family attached twin-homes. Other creative solutions may exist in low-density developments, provided the maximum density is not exceeded. Institutional Uses (Schools and Churches) 1. Institutional uses such as elementary schools and churches should be located in residential neighborhoods on collector streets. Secondary schools should be located near minor or major arterial streets. 2. Shared use agreements should be pursued with schools to allow the playgrounds to be used outside of school hours by the surrounding neighborhood as park and open space. 3. A line of communication should be maintained between school and city personnel to regularly discuss population projections and anticipated growth patterns, needs for school facilities, and impacts of school location on municipal utilities and facilities. Discussions should also include potential requirements by the City as placement of schools are considered. Heavy Commercial Table 10. shows the general characteristics associated with heavy commercial developments. Not all numbers in this table fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables below while the population served is often smaller. As a result of a larger market area and longer distance to the shopping centers both the minutes of driving time and the distance in miles will likely be increased for this market. T ABLE 10. C HARACTERISTICS OF REGIONAL AND SUPER-REGIONAL SHOPPING CENTERS Types of Site Area Population Radius of Market Area Number of Shopping Served Stores Leading Tenant Minutes of Distance in Center Driving Time Miles Regional 10 - 60 acres 150,000 20-30 8+ Full-line department 40-80 50-acre average store Super-regional 15-100 acres 300,000 30+ 12+ Three or more 100+ department stores SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Regional and super-regional shopping areas should be located on major and minor arterial streets (Figure 6). 2. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization Access Management Plan, July 2012. 3. The clustering of major commercial developments should be encouraged at intersections. The continuation of commercial development along the frontage of arterial roadways should maintain low access egress for businesses along the frontage at major points or roadway 27 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan intersections. A shared access traffic aisle should be required throughout developments along the entirety of the arterial roadway. Landscaping within all commercial developments should meet the requirements of Ammon Code Title 10, Chapter 5, Section 24. 4. Require perimeter landscaping for new commercial development. Landscaping not only reduces the visual impact of parking lots; it also directs traffic movement through the parking area and defines access to the neighboring street network. The Urban Land Institute states a reasonable amount of landscaping is 10% of the total site and 20% of the parking area. Such landscaping can be used for storm water retention and snow storage. 5. Shopping areas should buffer adjacent residential areas from the lights and noise of commercial areas by landscaping, fencing, and building placement. 6. Professional offices offer an effective buffer between major commercial areas and apartments and homes. If high density residential is located next to major commercial areas, the location of parking areas, garages, landscaping and fences for such residential uses should buffer the dwelling units from the noise and light of the commercial areas. FIGURE 6. RECOMMENDED LOCATIONS FOR SITING COMMERCIAL DEVELOPMENT AT THE INTERSECTIONS OF ARTERIAL STREETS. Light Commercial Community and Neighborhood Shopping Areas and Professional Offices As with the table above under regional shopping areas, not all the numbers fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables above while the population served is often smaller. As a result of a larger market area and longer distances to shopping centers, both the minutes of driving time and the distance in miles will likely be increased for this market. 28 Adopted by 2018-005R. Amended by Resolution 2021-013R. 2018 City of Ammon Comprehensive Plan However, the table still provides a framework for commercial locations and provides fairly realistic numbers for the site area necessary for stores and shopping centers (Table 11). T ABLE 11. C HARACTERISTICS OF COMMUNITY AND NEIGHBORHOOD SHOPPING CENTERS. Types of Site Area Population Served Radius of Market Area Number of Shopping Stores Leading Tenant Minutes of Distance in Center Driving Time Miles Community 10 - 30 40,000 - 150,00 10-20 3-5 Variety store 15-40 acres 50,000 average Neighborhood 2.5 - 10 2,500-40,000 5-10 1.5 Grocery store 5-20 acres 10,000 average SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Neighborhood centers should be located in clusters at the intersections of arterial streets. Since they serve the immediate residential area, they may be located at intersections with minor arterials or with major collectors. 2. If neighborhood centers are located at the major arterial intersections, pedestrian access to the neighboring residential areas should be provided to allow residents to shop without having to use the arterial street to access the shopping area. 3. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization most current Access Management Plan. 4. Shopping areas adjacent to residential areas should be required to use exterior lighting designs that shield the residential area from light pollution, as well as using fencing and landscaping to reduce noise from commercial areas. Industrial 1. When reviewing requests by heavy industries that may have major off-site impact costs and infrastructure needs beyond what is available at the time of the request, those cost should be included as part of any approval and passed on to the developer as a required development cost. 2. When zoning for industrial uses, consider the predominant wind patterns from the southwest. 3. Locate industrial lands near major arterials with good access to highways, and/or adjacent to railroad facilities. Regional airport access is available by accessing the east and west arterial roadways and accessing either I-15 or Highway 20. 29 Adopted by Resolution 2018-005R 2018 City of Ammon Comprehensive Plan 4. Buffer residential areas from industrial lands by roadways, office and shopping areas, open space, landscaping, berms, and fencing. Such buffering should be tailored to the industrial use. The buffering required for a food processing plant is likely to be different than the buffering required for a research laboratory or light assembly plant. Parks and Open Space 1. The existing parks are shown on the future land use map as parks. 2. Future parks are shown symbolically on the future land use map to suggest a park or open space needed to serve the neighborhood as it develops. 3. Sensitive lands such as floodplains, wetlands, steep slopes, and drainages, plus exhausted gravel pits, may be shown as open space. Land Use Categories and Applicable Zones T ABLE 12. L AND-U SE C ATEGORIES AND A PPLICABLE Z ONES. Land Use Category Applicable Zones More than six (6.0) dwelling units per acre (R2, R2A, R3, R3A, MU, High Density Residential PUD) A maximum of six (6.0) dwelling units per acre (RE, RP, RPA, R1, Low Density Residential R1A, RS, MU, PUD, RMH) Institutional uses By Conditional Use Permit and/or allowed by zone Heavy commercial C1, HC1, CC1, GC1, MU Light commercial PB, LC/PB, MU Industrial I&M1, I&M2, M-1 Parks, open space All zones. 30 Adopted by 2018-005R. Amended by Resolution 2021-013R. CHAPTER 4 AMENDMENTS SECTION: 10-4-1: Ordinance and Map May Be Amended 10-4-2: Petition to Planning Commission 10-4-3: Amendments to be in Harmony with Land Use Plan 10-4-4: Public Hearing Notice 10-4-5: Reconsideration 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. 10-4-2: APPLICATION FOR AMENDMENT: Persons seeking an amendment of the zoning ordinance or map shall submit an application to the Administrator designating the change desired, the reasons therefor and wherein the proposed amendment would further promote the objectives and purposes of the zoning ordinance, together with such fee as may be established by the City Council. Upon the receipt of the application, the Planning Commission shall consider the request. The Planning Commission shall call a public hearing upon such matters as are required to be heard by the Planning Commission under law and may call a public hearing on other matters, in the commission's discretion before submitting its recommendations to the City Council. The Planning Commission may also recommend amendments to the ordinance and map to the City Council on its own initiative. 10-4-3: AMENDMENTS BASED ON PRACTICAL APPLICATION OF THE COMPREHENSIVE PLAN: Before recommending an amendment to the ordinance, it must be shown that such amendment is founded upon sound reason and practical application of the Comprehensive Plan adopted by the City Council 10-4-4: PUBLIC HEARING NOTICE: Applications for amending the zoning ordinance and zoning map shall comply with public hearing and notice requirements of Idaho Code Title 67, Chapter 65. 10-4-5: RECONSIDERATION: Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. tğŭĻ Њ ƚŅ Њ wĻǝźƭĻķ ЊЊΏЊВΏЋЉЋЉ CHAPTER 12 RP RESIDENCE ZONE 10-12-1: General Objectives and Characteristics of Zone 10-12-2: Use Requirements 10-12-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the RP Residence Zone is to encourage the creation and maintenance of residential areas within the City which are characterized by large lots at least twelve thousand (12,000) square feet on which single-family dwelling units are situated, surrounded by well-kept lawns, trees and other plantings. A minimum of vehicular and pedestrian traffic and quiet residential conditions favorable to family living and the rearing of children shall also be characteristic of this zone. No single lot, regardless of the status of platting in the RP Residence Zone shall contain more than one dwelling unit, except as specifically allowed by this Title of the City code. This zone not allow density that will exceed 2.5 living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the characteristics of this zone, the following regulations shall apply in the RP Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations and §10-37 District Use Matrix). 10-12-2: USE REQUIREMENTS: In addition to residential uses the following uses shall be permitted in the RP Residence Zone: (A) Churches, when approved by the Board of Adjustment as a conditional use, but not including temporary revival tents or buildings, and not including night lighting for outdoor recreational purposes, except when permitted under the term of paragraph 10-7-6. (B) Public and parochial schools and public and semi-public use, when approved by the Board of Adjustment as a conditional use, as set forth in paragraph 10-7-1. (C) Public utility buildings and structures, when approved as required. (D) Cemeteries, when approved by the Board of Adjustment as a conditional use. PAGE 1 of 1 RP RESIDENCE ZONE REVISED 04-21-2022 10-37-2 (A) RESIDENTIAL DISTRICT USES RE1.0043,560125'70%50'20'25'1,5002,60035'30'PP1.00 RP2.50 12,000 100'70%30'10'25'1,4002,40035'30'PP1.00 P6, P7 RP-A2.50 10,000 90'70%30'10'25'1,2002,00035'30'PP1.00 R-14.00 5,000 50'70%30'8'25'1,0001,50035'30'PP1.00 P6, P7 R-1 prior to 6-27-13 4.00 8,000 80'70%30'8'25'1,0001,50035'30'PP1.00 P6, P7 R1-A4.00 5,000 sq ft/unit 100'70%30'P1, 8'25'1,0001,50035'30'PP2.00 P6, P7 14' total with a minimum of 4' on one side RS6.00 4,000 50'50%25'20'800 1,20035'20'P1.00 R-28.00 P2 100'65%30'P1, 8'25'900 1,30035'30'P4.0010'P6, P7 R2-A12.00 P3 100'65%30'P1, 8'25'1,100 40'30'Pup to 8.0010'Fence P6, P7 P R-316.00 P4 100'65%30'P1, 8'25'1,000 40'30'Pup to 16.0010'Fence P6, P7 P R3-A20.00 P5 100'65%30'P1, 8'25'1,000 40'30'Pup to 20.0010'Fence P6, P7 P RMH4.00 8,000 sq ft 50'70%30'P1, 8'25'1,000 35'30'P1.00 MU20' Not Permitted PPermitted P1There shall be no side yard requirement for the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls with the following requirements: a) At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero lot line, the side yard requirement shall be no less than four (4) feet from the foundation of the detachment to the property line. b) For detached portions that are at the front of an attached dwelling, there shall be no less than four (4) feet from the foundation of the detachment to the property line and there shall be no more than four (4) feet running front to back of the dwelling that shall be detached from the dwelling sharing the party wall/common wall. c) There shall be an attached party wall/common wall of no ness than twelve (12) feet between any attached dwellings permitted within this chapter or any subsequent chapter allowing single family attached dwellings. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P2 feet. For each building containing three or four dwelling units the minimum lot area is 18,000 square feet. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P3 feet. For each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit. P4For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P5 feet. For each building containing three or more dwelling units the minimum lot area is 12,200 sq. ft. plus 2,200 sq. ft. for each dwelling unit. P6Family Child Care Facility - five (5) or fewer children P7Group Child Care Facility - six (6) to twelve (12) children###### Ammon Planning and Zoning Commission June 1, 2022 Chairman Nick Torman and Commissioners: Public Hearing #2022-005 Rowley White Conditional Use Permit Staff Presenting Cindy Donovan Planning Director Compliance - Request is in compliance with Title 10, Chapter 9 and Title 10, Chapter 37, Section 1 Criteria for Decision 1. 10-9-7: NOTICE OF HEARING: The Planning and Zoning Commission shall hold a public hearing and make a recommendation to the Board of Adjustment in regards to granting or denying a conditional use permit as provided in Section 67-6509 of the Idaho Code. 2. 10-9-8-C-15: Grant Other Conditional Use Permits Authorized by Ordinance. The Board of Adjustment may grant other conditional use permits as deemed acceptable in the sole discretion of the board and after considering all relevant facts and with the intent of creating uniformity in granting of conditional use permits. 3. 10-37-1: Motor Vehicle Service is permitted in HC-1 through an approved Conditional Use Permit Summary of Analysis 1. Request is to allow for Motor/Recreational Vehicle Service in an additional building at 3790 East Sunnyside Road that is not currently constructed. 2. Property is used by Rowley White RV Idaho and Sunnyside Automotive 3. Currently, the Conditional Use Permit allows for Motor Vehicle Service only at the existing building on the property. 4. The Conditional Use Permit was originally approved on March 16, 2006 for a renewable term of 3 years. The current Conditional Use Permit has an expiration date of March 16, 2025. 5. Conditions of the Conditional Use Permit include: Permit is granted for a 3-year renewable term conditioned that there be no problems with the use. Hours of operation not to exceed Monday through Saturday 8AM to 6PM. Lighting for the lot be directed down and not go off the property. The use of shields may be required. This Permit applies only to the existing building on the property. Parcel Characteristics - General Location: north of 49th South (Township Road), east of 35th East (Ammon Road), south of Sunnyside Road, west of Ross Avenue - Zoning: HC-1 - Total acreage: 2.28 acres - Surrounding zoning: north R-1, east C-1 (Sunny Days Child Care & Preschool) and R-1, south C-1 (Out of the Box Storage), west HC-1 (Sunnyside Automotive) 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 - Approval of an amended conditional use permit to allow for motor/recreational vehicle service in an additional building at 3790 East Sunnyside Road - Presented by Dave Pinegar, Dayne Properties LLC Notice - Notice was published in the Post Register on May 13, 2022 - Notice was mailed to 31 property owners and 20 public entities on May 13, 2022 - Property was posted on May 24, 2022 - Public Comment: No written public comment was received Motion Approve I move to recommend approval of the amended Conditional Use Permit for a period of 3 years to allow for motor/recreational vehicle service to be done in an additional building at 3790 East Sunnyside Road finding it is in compliance with City ordinance. Deny I move to recommend denial of the amended Conditional Use Permit for motor/recreational vehicle service to be done in an additional building at 3790 East Sunnyside Road finding it is not in compliance with City ordinance. Continue I move to continue the amended Conditional Use Permit for motor/recreational vehicle service to be done in an additional building at 3790 East Sunnyside Road until further details can be attained. Attachments: 1. Vicinity Map 2. 3790 Sunnyside Road Conditional Use Permit 3. Proposed Site Plan 4. Title 10 Chapter 9 Board of Adjustment 5. Title 10 Chapter 21 HC-1 Zone 6. Title 10 Chapter 37 Section 1 Commercial District Use Matrix 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 CHAPTER 9 BOARD OF ADJUSTMENT SECTION: 10-9-1: Creation of Board of Adjustment 10-9-2: Organization of the Board 10-9-3: Duties of the Board of Adjustment 10-9-4: Decision on Appeals 10-9-5: Who May Make Appeals--Application--Fee--Form 10-9-6: Papers and Records to be Submitted to Board of Adjustment 10-9-7: Notice of Hearing 10-9-8: Powers and Duties of Board of Adjustment 10-9-9: Vote 10-9-10: Recourse From Decision 10-9-11: Authority to Create Separate Board 10-9-1: CREATION OF BOARD OF ADJUSTMENT: There is hereby created a Board of Adjustment to be composed of the Mayor and members of the City Council to aid in the administration of this ordinance, with powers and duties as hereinafter set forth. 10-9-2: ORGANIZATION OF THE BOARD: The Board of Adjustment shall adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held at times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such facts and shall keep records of its examinations and other official acts, all of which shall be filed immediately in the office of the Board of Adjustment and shall be a public record. The City Clerk shall serve as Secretary of the Board, but shall have no vote at the meetings of the Board. 10-9-3: DUTIES OF THE BOARD OF ADJUSTMENT: The Board shall consider testimony given at a hearing held before the Planning and Zoning Commission and the recommendation of the Planning and Zoning Commission and review appeals from any order, requirement, decision or determination made by the Zoning Administrator and shall have appellate jurisdiction over all decisions and rulings of the Zoning Administrator. It shall also have original jurisdiction over the issuance of conditional use permits. It shall also perform such other duties as are provided by this ordinance as may be assigned to the Board by the City Council. 10-9-4: DECISION ON APPEALS: The Board of Adjustment shall hear and decide appeals from any decision or requirement made by the Zoning Administrator, shall hear and decide applications for conditional use permits and other matters as specified by the terms of this ordinance within forty-five (45) days from the date on which the Zoning Administrator receives the appeal or request for a determination in writing from the appellant. Page 1 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 10-9-5: CONDITIONAL USE APPLICATIONS AND APPEALS: Any citizen or person or any officer or department of the City may appeal to the Board of Adjustment by filing a request in written form clearly addressing the appeal request. All appeal requests must be submitted in completed form along with any required fees, meeting the current requirements for the required hearing procedures. Such appeal shall be made within thirty (30) days from the grant or refusal of a building permit by the Zoning Administrator. The Board of Adjustment may consider only three (3) types of cases. The Powers of the Board of Adjustment are as follows: A. The Board of Adjustment shall consider appeals of the type of case where the applicant alleges the Zoning Administrator is interpreting the zone map incorrectly. (See paragraph 10-9-8-(A) of the zoning ordinance.) B. The Board of Adjustment may upon application consider the type of case known as a variance, where the person making the application can show that the strict application of the regulation would result in peculiar and exceptional difficulties or unnecessary hardship upon the property because of exceptional narrowness, shallowness or shape of his property at the time of the enactment of the controlling regulation, or because of exceptional topographic conditions or other conditions peculiar to the lot. However, the Board of Adjustment cannot grant a request which would be contrary to the spirit of the zoning ordinance or its objectives and purposes. (See paragraph 10-9-8-(B) of the zoning ordinance.) C. The Board of Adjustment upon application may approve special or conditional use permits and special exceptions, which are specifically set out in the zoning ordinance. (See paragraph 10-9-8-(C) of the zoning ordinance.) The Board of Adjustment may approve, deny, in whole or in part, or may attach conditions to the grant of the request. (See paragraph 10-9-8-(D) and 10-9-8-(E) of the zoning ordinance). D. Any person or business that violates the terms and conditions of a conditional use permit shall be subject to the revocation of the conditional use permit. Revocation of a conditional use permit shall be done by the City Council at a regular City Council meeting. The holder of the conditional use permit subject to revocation shall be notified of the time and place the City Council will review said conditional use permit. E. Any violation of the terms of a conditional use permit shall be deemed an infraction and subject to penalties for such violations under section 1-4-2 of the City Code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. 10-9-6: PAPERS AND RECORDS TO BE SUBMITTED TO BOARD OF ADJUSTMENT: Upon the filing of the application, the Zoning Administrator shall schedule a hearing date and prepare all papers, records and other pertinent data pertaining to the appeal. Page 2 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 10-9-7: NOTICE OF HEARING: The Planning and Zoning Commission shall hold a public hearing and make a recommendation to the Board of Adjustment in regards to granting or denying a conditional use permit as provided in Section 67-6509 of the Idaho Code. The Board of Adjustment may order a public hearing before deciding any other matter within its jurisdiction under the provisions of this ordinance. If a public hearing is required hereunder, or ordered by said Board, a notice of the time and place of such hearing shall be published in the official newspaper of the City at least fifteen (15) days before the date of the hearing as provided in Section 67-6509 of the Idaho Code. 10-9-8: POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT: The Board of Adjustment shall have the following powers and duties: A. Alleged Error. The Board of Adjustment shall hear and decide appeals wherein it is alleged that there is error in any order, requirement, decision, or determination made by the Zoning Administrator, or other administrative officers, in the enforcement of this ordinance and shall decide questions involving interpretation and determination of zone boundary lines, subject to review and approval by the City Council. B. Variance. The Board of Adjustment may grant variances from the strict letter of this ordinance where a property owner can show that: 1. Because of exceptional narrowness, shallowness or shape of a specific lot or parcel of land, or 2. By reason of peculiar topographical features or other special circumstances peculiar to the particular lot or parcel of land, the strict application of the terms of this ordinance would deprive him of privileges commonly enjoyed by other properties in the same zone. Before a variance can be granted, the Board of Adjustment must find upon the evidence before it that: 1. Special circumstances do actually attach to the particular property which do not apply generally to the other properties in the same zone. 2. Because of some special circumstances the appellant's property is deprived of privileges possessed by other properties in the same zone. 3. The granting of such variance will not adversely affect the comprehensive plan of zoning in the City. 4. Adherence to the strict letter of the ordinance will cause difficulties and hardships, the imposition of which is unnecessary in order to carry out the purposes of the zoning plan. 5. The hardship has not been caused by an action of the property owner taken after the effective date of this ordinance. Page 3 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 C. Conditional Use Permits. The Board of Adjustment may grant the following conditional use permits: 1. The Board of Adjustment may authorize a dwelling to face upon a private driveway, subject to the following conditions: (a) The structure in which such dwelling is situated will be at least twenty feet (20') from the nearest other building on the same or adjoining lot. (b) It is readily accessible by emergency vehicles. (c) It has side, front, and rear yards at least as great as those required in the RP-A zone. (d) In the opinion of the Board of Adjustment, the dwelling is located in harmony with the objectives and characteristics of the zone in which the dwelling is located. 2. Flood Channels. The Board of Adjustment may permit buildings to be constructed within seventy-five (75) feet from the banks of a natural flood channel, subject to conditions set forth in paragraph 10-5-11 of this ordinance. 3. Permit temporary use of certain lands and structures. (a) The Board of Adjustments may permit the temporary use of certain lands and buildings as set forth in paragraph 10-5-22 of this ordinance. (b) The Board of Adjustment may allow and authorize the issuance of a building permit and/or conditional certificate of occupancy for the use of land and/or the erection and use of buildings for a use which the Board determines is in harmony with the objectives and characteristics of the zone in which such use is to be located. Such conditional use permit shall be for a limited time and may be renewed in the discretion of the Board but shall not survive the change of ownership of the property or of the use. As a condition to granting any special use permit, the Board may require the written consent of all property owners who own property contiguous and adjacent to the subject property and may require a notification of all land owners within five hundred (500) feet of the subject property. Notification of the application of the special use permit to all property owners within five hundred (500) feet of the subject property with the notice of the hearing date and time thereon, shall be made by the petitioner by first class mail with an affidavit of mailing naming the addressees and the date of mailing. Page 4 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Any such permit shall be granted only after public notice and hearing as provided in Section 67-6509 of the Idaho Code. 4. Reduce off-street Parking Requirements in CC-1 Zone. The Board of Adjustment may reduce off-street parking requirements in the CC-1 Central Commercial Zone, subject to conditions set forth in paragraph 10-5-23-(D)- (2) of this ordinance. 5. Permit Off-street Parking to be Provided on Adjacent Lots. The Board of Adjustment may permit off-street parking facilities required in connection with dwellings to be located on adjacent or nearby lots, subject to conditions set forth in paragraph 10-5-23-(D)-1-(b) of this ordinance. 6. Determine Off-street Parking Requirements for Uses Not Mentioned in Ordinance. The Board of Adjustment may determine the number of off-street parking spaces required for uses not specifically mentioned in this ordinance, subject to the conditions set forth in paragraph 10-5-23-(D)-5 of this ordinance. 7. Authorize Off-street Loading Facilities in the CC-1 Zone to be provided on Adjacent or Nearby Lots. The Board of Adjustment may permit required off-street loading facilities in the CC-1 Zone to be located on adjacent or nearby lots, subject to conditions set forth in paragraph 10-5-23-(S) of this ordinance. 8. Authorize the Moving of Buildings. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for the moving of buildings, subject to conditions as set forth in paragraph 10-6-1 of this ordinance. 9. Authorize a Permit for Mortuaries and Funeral Homes. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for a mortuary or funeral home, as required by Chapter 18 of this Title and subject to conditions set forth in paragraph 10-7-7 of this ordinance. 10. Authorize a Permit for Cemeteries, Mausoleums, and Columbaria. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for a cemetery, mausoleum or columbarium, subject to conditions set forth in paragraph 10-7-5 of this ordinance. 11. Grant Permit for Shooting Range. The Board of Adjustment may grant a permit for the construction of a shooting range in the I&M Zone, provided satisfactory evidence is presented to the Board that the safety of the surrounding area will be fully safeguarded. 12. Authorize a Permit for Dwelling Groups. It shall have the power to authorize the issuance of a permit for a dwelling group (planned), subject to Page 5 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 conditions and standards as set forth in paragraph 10-27-4 of this ordinance. 13. Authorize a Permit for Parks. It shall have the power to authorize the issuance of permits for public and semi-public parks, playgrounds and schools, subject to conditions and standards as set forth in paragraph 10- 7-1 this ordinance. 14. Authorize a Permit for Churches, Clubs, and Lodges. The City Planning Commission shall have the power to authorize the issuance of a permit for churches, clubs, lodges and similar buildings, subject to conditions as set forth in paragraph 10-7-6 of this ordinance. 15. Grant Other Conditional Use Permits Authorized by Ordinance. The Board of Adjustment may grant other conditional use permits as deemed acceptable in the sole discretion of the board and after considering all relevant facts and with the intent of creating uniformity in granting of conditional use permits. 16. In approving or denying a request for a conditional use permit on which the Board is requested to pass, evidence must be presented to the Board that the objectives and characteristics of the ordinance and the zone in which the development is located shall not be adversely affected. D. May Attach Reasonable Conditions. The Board of Adjustment may attach reasonable conditions or requirements to the grant of a variance, exception, or conditional or special use permit which the petitioner must comply with as a condition of the grant or approval and may attach a time limit on the exercise non- exercise of any grant. If the petitioner fails or refuses to comply with any of the conditions within the time specified, the grant or permit shall become null and void. Those conditions may include but are not limited to, those that: 1. Minimize adverse impact on other development; 2. Control the sequence and timing of use/development; 3. Control the duration of the use/development; 4. Assure that the use/development is maintained properly; 5. Designate the exact location and nature of use/development; 6. Require the provision for on-site or off-site public facilities or services; 7. Require more restrictive standards than those generally required in an ordinance; Page 6 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 8. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction; 9. Prior to granting a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use. E. May Reverse or Affirm Zoning Administrator. In performing the duties as set forth herein, the Board of Adjustment is hereby empowered to reverse or affirm, wholly or party, or modify the order, requirement, decision or determination of the enforcing officer, and may make such order or requirement as ought to be made; provided, however, the Board of Adjustment shall not have power to amend this ordinance nor to permit nor prohibit any actions which would have the effect of amending this ordinance. F. Authority Limited. The powers and duties of the Board of Adjustment are limited to administrative matters as herein set forth which shall be strictly construed. It shall not be the function of the Board of Adjustment to grant a request which would have the effect of amending the zoning ordinance or of correcting what it may consider to be an unwise requirement in the zoning ordinance. Nevertheless, the Board of Adjustment shall have administrative duties as set forth in this ordinance and, within the meaning of the provisions of this ordinance, shall perform its duties and shall have the power to perform those acts as herein set forth; and such administrative actions shall not be interpreted as unauthorized amendments to this ordinance. G. Precedent. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. H. Non-transferable. A special use permit is site and use specific and not transferable from one parcel of land to another. 10-9-9: VOTE: The concurring vote of one-half plus one of the members present of a quorum from the total membership of the Board shall be necessary to decide upon any matter upon which it is required to pass. 10-9-10: RECOURSE FROM DECISION OF BOARD OF ADJUSTMENT: A. Recourse from Decision of the Board of Adjustment. The determination of the Board of Adjustment shall be final unless a written appeal is made to the City Council within fifteen (15) days from the date of the written determination. The written notice of appeal shall be filed with the City Clerk and shall set forth specifically wherein the Board of Adjustment erred in its determination. Upon the receipt of an appeal, the City Council shall refer one copy of the appeal to the Board of Adjustments; and thereupon, the Board of Adjustment shall make a report to the City Council disclosing in what respect the application and facts offered in support thereof met or failed to meet the necessary requirements. The concurring vote of a majority of the members of the City Council shall be required to reverse any order, requirement, decision or determination of the Board of Adjustment. Page 7 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 B. Recourse From Decision of City Council. Any person aggrieved by a decision of the City Council may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction. 10-9-11: AUTHORITY TO CREATE SEPARATE BOARD: The City Council may, in lieu of acting as Board of Adjustment for the City, appoint a separate Board to aid in the administration of this ordinance, with powers and duties as hereinabove set forth. Said Board shall consist of five (5) members, each to be appointed by the Mayor, with the consent of the City Council, for a term of four (4) years, provided that the terms of the members of the first Board so appointed shall be such that the term of not more than two (2) members shall expire in any one year. One member of the Board shall also be a member of the planning commission. Any member may be removed for cause by the City Council upon written charges and after a public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term is not completed. Page 8 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 10-37-1 (A) COMMERCIAL DISTRICT USES USERERPRP-AR-1R-1AR-2R-2AR-3R-3ARMHMulti UseLC/PBPBC-1HC-1CC-1GC-1M-1I &M-1 I & M-2 Dwelling, Single FamilyPPPPPPPPPPP Dwelling, Multi FamilyPPPP Group HomesPPPPPPPPPPP Residential Care FacilityPPPPM Short-term rentalsPPPPPPPPPPP Adult BusinessesP P Agriculture, CommercialPPPPPPP Agriculture, UrbanPPPPPPPPPPPPPPPPPPPP Assembly/Light Manufacturing FacilityPPPPPPP Childcare FacilityP1P1P1P1P1P2P2P2P2P2PPPPPPPPPP Communications FacilityP3P3P3P3P3P3P3P3P3P3PPPPPPPPPP Drive-through FacilityPPPPPPPPPP Equestrian FacilityPPPPPPP Financial InstitutionsPPPPPPPPPP Food ServicePPPPPPPPPP Golf Course MPPPPPPPP Health and Fitness FacilityMPPP6P6P6P6P6P6 Home Occupation PPPPPPPPPPP Hotel/MotelMPPPPPPP Kennel, Commercial BoardingMCCCPPPPPP ManufacturingPPP Motor Vehicle SalesPPPPPP Motor Vehicle ServiceCPP9P9P9P9 Office, BusinessPPPPPPPPPP Outdoor EntertainmentMPPPPPPP Parking Facility, Off-SiteMPPPPPPPPP Professional ServicesMPPPP8P8P8P8P8P8 Private EV Charging StationPPPPPPPPPPPPPPPPPPPP Public EV Charging StationPPPPPPPPPP Recreational FacilityMPPPPPP Repair ShopsPPP10P10P10P10 Restaurants less than 30 seats, no beer/wine/alcohol service permittedPPPPPPPPP Restaurants - max of 5000 sq ft, Beer/Wine allowed by use, Liquor allowed PPPPPPP pursuant to HC-1 Requirements Restaurants - over 5000 sq ft, Beer/Wine/Alcohol allowed by use pursuant to HC- MPPPPPP 1 Requirements Retail store - Small scale (max of 5000 sq feet) PPPPPPPPP Retail store - Large scale (over 5000 sq feet)MPPPPPPP Self-Service Storage FacilityPPP Service IndustryPPPPPPPPPP Service StationPP4P5P5P5P5P5P5 Studio CommercialPPPPPPPPPP Transportation FacilityMPPPPPP Television and Radio Broadcasting StationMPPPPPPP Wholesale PPPP Assembly, Place ofCCCCCCCCCCPPPPPPPPPP CemeteryPPPPPPPPPPMCPPPPPPPP Cultural FacilityMPPPPPPPPP GovernmentPPPPPPPPPPPPPPPPPPPP HospitalCCCCCCCCCCMCCPPPPPPP Medical Care FacilityPPPPP7P7P7P7P7P7 Parking Facility, Off-SiteMPPPPP Performing Arts ProductionMPPPPPPP Public UseCCCCCCCCCCMCPPPPPPP Semi-Public UsePPPPPPP PERMITTED IN DESIGNATED ZONE t NOT PERMITTED IN DESIGNATED ZONE PERMITTED WHEN APPROVED ON MASTER PLAN IN MIXED USE ZONE (ORIGINAL OR AMENDED) a CONDITIONAL USE PERMIT / Notes to Commercial and Residential Chart P1 Family Child Care Facility (5 or fewer children) P2 Group Child Care Facility (6 to 12 children) P3 Allowed for Amateur Radio Operators P4 Service Station - no more than twelve (12) vehicles simultaneously P5 Super Service Station - thirteen (13) or more vehicles simultaneously P6 Health & Fitness Facility over 5,000 square feet P7 Medical Care Facility over 5,000 square feet P8 Professional Services over 5,000 square feet P9 Major Motor Vehicle Repairs - emit odors, noise P10 Major Repair Shops - emit odors, noise4/21/2022