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PZ Packet 09072022 CITY OF AMMON 2135 SOUTH AMMON ROAD PLANNING AND ZONING COMMISSION MEETING WEDNESDAY, SEPTEMBER 7, 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: Chris Schmalz MINUTES: August 8, 2022 PUBLIC HEARINGS: 1. 2022-019 Amendment to Title 10, Chapter 32 Communication Towers and Antennas ACTION ITEMS: 1. 2022-019 Action on Amendment to Title 10, Chapter 32 Communication Towers and Antennas 2. 2022-019 Recommendation for additional public hearing 3. 2022-019 Adoption of Reasoned Statement DISCUSSION ITEMS: 1. Title 10 Amendments 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: 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 HILLCREST HIGH SCHOOL AUDITORIUM 2800 OWEN STREET, AMMON, ID 83406 WEDNESDAY, AUGUST 3, 2022 MEETING HAS BEEN MOVED TO MONDAY, AUGUST 8, 2022 7:00 P.M. AGENDA THERE WILL BE NO ZOOM LINK AVAILABLE FOR THIS MEETING CALL TO ORDER: Chairman Nick Torman Pledge of Allegiance: Jay Danielson MINUTES: July 6, 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, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022. 2. 2021-030 Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022. 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, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 2. 2021-032 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1,2022, JULY 6, 2022 3. 2021-032 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 4. Action on Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 5. 2021-030 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 6. 2021-030 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 CALL FOR ADJOURNMENT: MINUTES Commission Members Present: Commission Members Absent: City Staff Present: Chairman Nick Torman Commissioner Jason Randall Planning Director Cindy Donovan Vice Chairman Bond Eslinger Assistant City Engineer Morgan Stewart Commissioner Patrick Malone P & Z Assistant Heather Jacobson Commissioner Josh Rydalch Legal Representative Weston Davis Commissioner Debra Clapp Commissioner Jay Danielson Commissioner Chris Schmalz Commissioner Kristi Carlquist Planning and Zoning Minutes 08.08.2022 Page 1 of 12 CALL TO ORDER: Chairman Torman opened the meeting at 7:00 p.m. Commissioner Danielson led the Pledge of Allegiance. MINUTES: July 6, 2022 Commissioner Eslinger moved to approve the July 6, 2022 minutes. Commissioner Clapp seconded. The motion passed unanimously by voice vote. PUBLIC HEARINGS: Torman read a prepared statement regarding the public hearing process and opened the public hearing 2021-032 and 2021-3030. 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, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022. Compliance The request is not in compliance with the Comprehensive Plan Land Use Map adopted in October, 2020 based on acreage of property shown. 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 due to the average residential density being above 4.0 units per acre. 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, May 4, 2022, June 1, 2022, and July 6, 2022. All records from the previous meetings are available on the City of Ammon website, www.cityofammon.us, in the Planning and Zoning Meeting Agendas. Items not in Compliance ity of the project is 4.50 units/acre. 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. This project is in compliance as all units are considered single family dwelling units, provided all unit comply with the single-family residence definition. -family residence includes fully detached, semi-detached (semi- attached, side-by-side), row houses, and townhouses. In the case of attached units, each must be separated from the adjacent unit by a foundation-to-roof wall in order to be classified as a single-family structure. Said units must not share heating/air-conditioning systems or utilities. Units built one on top of another and those built side-by-side that do not have a foundation-to-roof wall and/or have common facilities (i.e., attic, basement, heating plant, plumbing, etc.) shall not be classified as single-Λ/źƷǤ /ƚķĻ źƷƌĻ ЊЉͲ /ŷğƦƷĻƩ Ћ 5ĻŅźƓźƷźƚƓƭΜ 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. 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. Planning and Zoning Minutes 08.08.2022 Page 2 of 12 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 Residential acreages and from Heavy Commercial to Light Commercial Notice August 8, 2022 meeting Published in the Post Register on Friday, July 1, 2022 Mailed letters to 20 public entities on Friday, July 1, 2022 No sign posting required, was posted with public hearing #2021-030 on July 5, 2022 Public comment: received 2 letters in opposition 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: received 200 letters opposed prior to 5:00 p.m. Thursday, May 26, 2022 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 13 letters opposed Applicant Peter Evans, 300 S. 135 E. Lehi, Utah, presented a Power Point Presentation regarding the proposed project. Evans estimates the project will take 15 to 20 years to complete, modifications had been made to the original plans to reduce the s land use map, greenspace, residential and commercial zoning placement, infrastructure improvements and the benefits of the project for the community. Supporting Testimony Michael Klinger, 635 N Wabash #4, Idaho Falls, Idaho, the additional housing is needed and will help people to become homeowners. Colby Hackbarth, 721 S. Foothill Road, Bonneville County, Idaho, the annexation and proposed development will bring in money for needed infrastructure improvements. Neutral Testimony th Ryan Bogren, 4715 E. 65 S. Bonneville County, Idaho, is concerned City staff does not have the skills needed to make sure this large of a development is done properly. Tom Hunsaker, 2925 Carolyn Lane, Ammon, Idaho, the project includes areas where the density is not in compliant with the Comprehensive plan. If the Commission moves to approve the changes, they will need to justify their decision in the reasoning statement. The development will require building new schools. Bill Thielbar, 1910 Sage Hen Lane, Ammon, Idaho, will be coming from? If the water is coming from the canal he would like the City to conduct additional research on how the canals will be affected. Planning and Zoning Minutes 08.08.2022 Page 3 of 12 Justin Murdock, 1525 Trailwood Drive, Ammon, Idaho, would like the City to consider adding public transportation to alleviate traffic concerns. Opposing Testimony Shawn Boyle, 6029 Pheasant Drive, Ammon, Idaho, for the following reasons does not maintain the is high, development in the foothills is to be low density and protect the view. He has safety concerns for students walking to school. The community is not in support of the annexation. Testified for Cortney Hall, 4937 Lady Hawk Lane, Ammon, Idaho, and Chelsie Boyle 6029 Pheasant Drive, Ammon, Idaho. Heidi Boyle, 1710 Marsala Court, Ammon, Idaho, presented Power Point Presentation, she discussed the impact the annexation and development would have on the schools with Heath Jackson, School District 93 Executive Director of Planning and Personnel. The development would create the need for four new elementary schools, a new middle school and a new high adequate. The district would need to bond for new school creating a burden on taxpayers. The development would cause overcrowding, additional busing, larger class sizes and boundary changes. The City should require impact fees for schools. Testified for Nate and Kate Boyle, 1710 Marsala Court, Ammon, Idaho, Tiffany Boyle, 4841 Torcello Drive, Ammon, Idaho, and Braden Caywood, 1702 Marsala Court, Ammon, Idaho. Brendan Kester, 4631 Lady Hawk Lane, Ammon, Idaho, presented Power Point presentation with visual representation of the developmenlarge metropolitan areas. support this high density. The proposed street and traffic improvements are based on flawed traffic study and will not meet the needs of the community. Kester discussed the existing traffic issues in the City and the timeline of the proposed street improvements. The existing traffic problems need to be fixed before there is new growth. Kester would like the City staff to handle growth responsibly, conduct another traffic study, improvement must be front end loaded, and use Impact Bonds. Testified for Quentin Kester, 4631 Lady Hawk Lane, Ammon, Idaho, Angela Moulton, 4646 Lady Hawk Lane, Ammon, Idaho, Janet Ingram, 4582 Ladyhawk Lane, Ammon, Idaho, Alicia Kester, 4631 Lady Hawk Lane, Ammon, Idaho, Karen and John Meyer, 335 Hollow Drive, Ammon, Idaho, Beth Anderton, 4849 Ladyhawk Lane, Ammon, Idaho, Trina Landon, 6131 Pheasant Drive, Ammon, Idaho, Sharel Judy, 2330 Ammon Road, Ammon, Idaho, Joyce and Paul Bunnell, 2145 Sabin Drive, Ammon, Idaho, Steve Jones, 5310 Lindee Lane, Ammon, Idaho, Norma Anderson 3450 Del Rio Circle Ammon, Idaho. Stephanie Gifford, 4699 E. Sunnyside Road, Bonneville County, Idaho, referred to letter written by Mayor Coletti three years ago regarding the City not being able to meet the water supply needs during peak demand. The City has not obtained any new water rights, but has continued growing. The City should have a cushion supply of water and not use all the available water rights on new construction. The water study conducted by Flagship H supply to new developments should be modified. Her calculation conclude the City does not have enough water rights for this development. The Comprehensive Land Use Map displayed by the developer is not from 2018, it was adopted October, 2020. The annexation site is low density on the 2018 map. Testified for Beth Allen, 480 S. Flathead Lane, Bonneville County, Idaho, Ryan Kruns, 7456 Hillsdale Lane, Paul Ritter, 7245 Rimrock Drive, Bonneville County, Idaho, Lydie Strasburg, 3435 Circle S. Drive, Ammon, Idaho, CeeCee Saxton, 4589 Sunnyside Road, Bonneville County, Idaho. Leighton Linning, 5072 Brennan Bend, Ammon, Idaho, the community is not in favor of high density. The process has been drugged out for too long. He is concerned the higher density will bring more crime. Kristie Knoelk, 4212 Birchwood Circle, Ammon, Idaho, the sewer treatment plant and sewer lines are not capable of handling this growth. There is currently a moratorium on new sewer connections. It would be more cost effective to work with Idaho Falls sewer. Todd Knighton, 1652 Sage Hen Lane, Ammon, Idaho, wants the annexation to remain low density. Shelia Edmond, 6325 Sagewood Drive, Bonneville County, Idaho, the developer should pay for infrastructure upgrades and the density is too high. Planning and Zoning Minutes 08.08.2022 Page 4 of 12 Brigham Redd, 4925 Ladyhawk Lane, Ammon, Idaho, large changes to the character of the City, such as this project, should be presented to the community for a vote. He also has school and traffic concerns. Tamara Foiles, 1476 Castelli Drive, Ammon, Idaho, is opposed to high density, concerned taxes will be increased and the education quality decreasing. Mark Foiles, 1476 Castelli Drive, Ammon, Idaho, agrees with previous testimonies. In support of low density development. Lori Ward, 6262 Sharptail Road, Ammon, Idaho, the City needs better planning. Gene Messinger, 4283 Barton Lane, Ammon, Idaho, he has seen an increase in traffic accidents as his neighborhood has grown. The Planning Committee is not considering the impact growth has upon the area. He likes the rural atmosphere. Joseph Behling, 3125 Rawson Street, Ammon, Idaho, the developers do not pay their share to improve the infrastructure. He does not want to lose farm land. The traffic study is invalid. The City would need their own police department. The fire department is volunteer. There is not enough resources and wants Ammon to remain a bedroom community. Heidi Hebdon, 5046 Brennan Place, Ammon, Idaho, agrees with previous testimony. The majority of Ammon Citizens do not want the development. The proposed traffic improvements are inadequate; the City does not have a post office. The sewer district has placed a moratorium on new sewer connections. The developer is motivated by the overpriced housing market. It is not compliant with the Comprehensive Plan. Hilary Wasniewski, 6465 Pinecone Drive, Bonneville County, Idaho, the project is too dense and not compliant and harmonious with the Comprehensive Plan. There will not be enough parks, schools, water, public safety services and it will add to the light pollution. Jonathan Tuck, 5824 Rancho Vista Drive, Bonneville County, Idaho, concerns that Flagship is the administrator of the HOA. City of Ammon is profiting on the community. The high density will not work. The development is not compliant with state statute requirement avoidance of overcrowding of land. Stephanie Affleck, 4651 Sunnyside Road, Bonneville County, Idaho, agrees with previous opposing testimony. The water study is based on 2.9 people in each family. She shared points of interest from the July Planning and Zoning meeting regarding what is a conflict of interest. Dick Bybee, 2130 Ross Avenue, Ammon, Idaho, water supply to fight a fire in a high-density area. The realtors or builders serving on the Commission should recuse themselves due to conflict of interest. Carmen Anderson, 1500 Rimline Drive, Bonneville County, Idaho, testimonies. She is opposed due to improper planning, commercial property is not needed, not enough water supply, tax burden, and out of state developer is only about the profit. People like the lifestyle in this area. Don Philips, 3160 Molen Street, Ammon, Idaho, agrees with previous testimony. The City infrastructure cannot support this project. The developers do not care how the project impacts the City; their only concerned with profit. It is too much growth in a small area. David Anderton, 4849 Lady Hawk Lane, Ammon, Idaho, Flagship Homes has a D- rating with the Better Business Bureau. He read comments from the BBB site. A developer with this bad of a reputation should not build a large project in Ammon. Shandee Browning, 2207 Stafford Circle, Ammon, Idaho, her neighborhood borders the proposed development. She has concerns with the high density and the negative impact on the existing residents. She feels the continuations of the public hearing was a sneaky tactic to get the development approved. The City needs to do a better job of evaluation of long-term Planning and Zoning Minutes 08.08.2022 Page 5 of 12 impact before approving projects. The Commission changed the Comprehensive Plan to allow more development. The plan needs to be changed back to the 2018 plan. This development will hurt the community. Kathleen Young, 6302 Sharptail Road, Ammon, Idaho, is opposed to high density growth in the City. She moved to the City and loves the low density rural feel. She has concerns with water supply issues, overcrowding in schools, bonding for new schools, crime rate, high taxes, inadequate street improvements, and improper meeting notification. Lorenza Fullmer, 6200 Triumph Drive, Ammon, Idaho, moved to Ammon to raise children in low density area. She is concerned about the infrastructure, water supply, department. She asked if Commissioners will benefit personally from the large development and if the developer lives in high density community. th Benjamin Spencer, 1967 60 East, Ammon, Idaho, agrees with previous testimony about project has too high density, is in violation of the Comprehensive Plan, concerned with pedestrian-bicycle safety did not hear of any sidewalks or bike paths being built on 21st South. Jessica Knoelk, 2030 Ross Avenue, Ammon, Idaho, concerned about pre-existing infrastructure issues our area and, increased property taxes. The growth has made the area unsafe, increased major crime, children do not have safe walk ways to school, improper s n they should prepare for a lawsuit. Testified for Sandy Knoelk. Lydie Strasburg, 3435 Circle S. Drive, Ammon, Idaho, loves the City and does not want to see it change. Christopher Bunting, 2387 Fieldstone Court, Ammon, Idaho, traffic study should include where people work, the units in the project are 11% over allowed units in the Comprehensive Plan. Opposed due to that and other Comprehensive Plan violations. Laurene Knighton, 3914 Bridgegate Circle, Ammon, Idaho, sang song about how to succeed in business. Bike safety. Matt Allred, 6517 Crown Crescent, Ammon, Idaho, agrees with previous testimony, developer did not discuss site for new fire station, traffic study did not include impact on shared roads with Idaho Falls, and concerned about snow removal. Infrastructure improvements should be done first, land needs to remain farmland. Becky Foster, 2908 Stafford Drive, Ammon, Idaho, changes to the Comprehensive Plan and the proposed development have created a problem of lack efforts of its water supply. It is a breach of trust if the Applicant has been told this will pass. th Connie Fink, 2365 S 60 East, Bonneville County, Idaho, agrees with previous opposing testimony. Has seen pictures of existing Flagship development in Utah, they are poorly planned, do not have large enough driveways. The developer is misrepresenting the project. Mark Chambers, 1752 Sage Hen Lane, Ammon, Idaho, project is taking away greenspace, open fields and rural feel the residents love. The pictures from the developer are from other developers that are not associated with this project. The pictures misrepresent the development. He has visited Flagship Developments in Utah they were poorly designed and has had a negative impact on the City. He does not want that to happen in Ammon. Growth in Ammon is limited because it is too far away from arterial roads. The City has metered water to supply new construction, and quietly changed the Comprehensive Plan. Kris Oswald, 2195 Quail Ridge Drive, Ammon, Idaho, she attended meeting with Heath Jackson of District 93. He stated the district schools are already at max capacity at every school, but one elementary. The high schools will have to place modular Planning and Zoning Minutes 08.08.2022 Page 6 of 12 Lorna Erickson, 2935 Meadow Lane, Ammon, Idaho, agrees with previous opposing testimony. She questions the motivation of the City and Commissioners for entertaining the project. She has a trust issue with the City and feels the Public Hearing is merely a formality and questions if the Commission has agreement with the developers without the public knowledge. Don Schanz, 13275 North 55 East, Bonneville County, Idaho, chairman of a group called A5. They have three or four hundred people on their email list. The group is strongly opposed. He gave examples of projects other communities regretted approving. The Commission needs to represent the public. Testified for Halli Stone, 305 Eastview Drive, Idaho Falls, Idaho. Eric Erickson, 2935 Meadow Lane, Ammon, Idaho, Salt Lake City corridor is a better fit for the developer. Did not appreciate being told he could not testily if the information has previously been stated. The current situation in Iona is an example of poorly planned growth. The roads need to be improved. The City needs to work better with Idaho Falls and Bonneville County. The project will have a negative impact on the area, but the developer will return to his own community. Public agreements need to be in place for entities to work together. Michael Tall, 2230 Ptarmigan Way, Ammon, Idaho, not against growth, but this is too high density in a square mile. Appreciate Brendan Kester presentation, Tall has passed out flyers and held discussions with various people. There is a lot of opposition to the project. Andy Crapo, 1160 Payette River Road, Bonneville County, Idaho, this area is a great place to live. High density housing changes community. A dense population can control the community. Naumy Akhavan, 5997 Pheasant Drive, Ammon, Idaho, violates state Idaho code and violates the Comprehensive Plan due to overcrowding. There is not a square mile in Idaho with 9,000 people living on it. There is development going on in the City to support infrastructure improvements and property taxes. These projects are compliant with the Comprehensive Plan. The developer will leave and not be held accountable. Applicant Rebuttal Evans stated the master plan community addresses most issues such as infrastructure in a coordinated way, clustering density to compatible locations and open space in large areas. Many people testifying are new to Ammon and their homes were built on undeveloped property. He believes the project is compliant to the Comprehensive Plan and conforms with the Land Use Map. Davis clarified the Commission can only make a ruling based on the petition filed. Davis asked City staff to confirm the hearing had been properly posted and notification sent in accordance to Idaho statute and the proper Land use was displayed. Donovan addressed the notification process. Torman read the Commission criteria for decision for annexation. Donovan stated the land use map was properly represented. 2.2021-030 Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022. Compliance ŷĻ ƩĻƨǒĻƭƷ źƭ ƓƚƷ in compliance with the Comprehensive Plan Land Use Map adopted in October, 2020. 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. applicable components of the Ammon Comprehensive Plan; and 2. Whether the proposed annexation generally complies with the 3. annexation. This recommendation must include a zoning recommendation. Planning and Zoning Minutes 08.08.2022 Page 7 of 12 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, May 4, 2022, June 1, 2022, and July 6, 2022. All records from the previous meetings are 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: 2,966 (15 year build out) 1. Single Family Detached on large lots: 266 units, zoned RP-A 2. Single Family Detached on small lots: 1,170 units, zoned R-1 and RS 3. Single Family Attached: 1,531 units, zoned R-2 and R2-A Commercial Space: 7.9 acres, zoned PB, LC/PB, C-1 Open Space: 26.4-acre public park Items not in Compliance 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. This project is in compliance as all units are considered single family dwelling units, provided all units comply with the single-family residence definition. le Family Residence: A single-family residence includes fully detached, semi-detached (semi- attached, side-by-side), row houses, and townhouses. In the case of attached units, each must be separated from the adjacent unit by a foundation-to-roof wall in order to be classified as a single-family structure. Said units must not share heating/air-conditioning systems or utilities. Units built one on top of another and those built side-by-side that do not have a foundation-to-roof wall and/or have common facilities (i.e., attic, basement, heating plant, plumbing, etc.) shall not be classified as single-Λ/źƷǤ /ƚķĻ źƷƌĻ ЊЉͲ /ŷğƦƷĻƩ Ћ 5ĻŅźƓźƷźƚƓƭΜ 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. Chapter 10, Pag 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: 1. for annexation request in order to arrive at ƷŷĻ ƒƚƭƷ ƭǒƭƷğźƓğĬƌĻ ƚǒƷĭƚƒĻ ŅƚƩ ƷŷĻ ĭƚƒƒǒƓźƷǤ͵ 2. Provide information to the PZ Commission to make their decision 3. 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. Planning and Zoning Minutes 08.08.2022 Page 8 of 12 4. To ensure the development pays for itself. Application Requirements (11-1-6): 1. Application and Fees (Application submitted July 21, 2021) 1. 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 4. Floodplain Study 5. Level I Environmental 6. Fiscal Impact Study Traffic Study Recommendations: Purpose of the Traffic Study: showing impact on adjacent public street that would serve the proposed project Municipal Code 11-1-6.L.1). The study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has -1-6.L.1). (Page 1, TIS BCP Dev.). future (2026), and future (2040) conditions with and without the proposed project and to recommend mitigation measures as neede Based on the Traffic Study: Developer shall construct or contribute to the construction of 31 traffic infrastructure improvements. The need for these improvements is 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%) Planning and Zoning Minutes 08.08.2022 Page 9 of 12 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 1. Developer must construct all components of the water supply system and meet all City standards and DEQ standards. No City assistance. 2. Wells. 1. Construct two (2) groundwater wells to supply the subdivision of all drinking water needs. No City assistance. 3. Water Tank. 1. Construct a 1.0-million-gallon tank to store water within the subdivision. No City assistance. 4. Booster Station. 1. Booster station to control water pressures within the subdivision. No City assistance. Water Rights, Irrigation, and Fees: 1. 4.5 CFS of Groundwater Rights. 1. Option 1: Deed to the City of Ammon acceptable groundwater rights equivalent to 4.5 CFS (~225 acres or ~900-acre feet) 2. 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) 1. Require surface water for all outdoor irrigation 2. This is already a requirement by Title 8-10 of the Ammon Municipal Code 3. Connection Fee (City) - $1,400 per unit ($4,152,400 total) Wastewater Study Recommendations: 1. Construct all Wastewater System Components 1. 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 1. Acquire all necessary easements and replace main lines through The Villas. 2. Replace and upgrade trunk line from development, through The Villas, to Crowley Rd. 3. Eliminate lift station in The Villas. 4. Connect to EIRWWA Main Line at Sunnyside/Crowley Rd. 3. Connection Fees (City of Ammon) 1. Required to pay City connection fee of $1,300 per unit or $3,855,800 4. Connection Fees (EIRWWA) 1. Required to pay EIRWWA connection fees 2. Currently, this fee is $5,639/unit for a total of $16,725,274 Floodplain Study Recommendations: 1. Obtain FEMA Approval for the following: Planning and Zoning Minutes 08.08.2022 Page 10 of 12 1. Remove all building areas from the floodplain. (City of Ammon prohibits construction within the Floodplain.) 2. Design flood conveyance channels as directed by FEMA. 3. Mitigate flood conditions for downstream users, as directed by FEMA 2. From the Study: 1. ķ 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 ğǝƚźķĻķ ǒƓƌĻƭƭ ƷŷĻƩĻ źƭ ğƦƦƩƚǝğƌ ĬǤ ƷŷĻ ƦƩƚƦĻƩƷǤ (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. for anticipated costs. 1. 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. 1. 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 Requested initial residential zonings of 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-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 August 8, 2022 meeting Published in the Post Register on Friday, July 1, 2022 and Tuesday, July 11, 2022. Second publication was scheduled to be published on July 8, 2022 but was published later due to an error by the Post Register. Mailed letters to 20 public entities and 86 property owners on Friday, July 1, 2022 Posting: Property was posted July 5, 2022 Public Comment: 2 letters received in opposition 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 86 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. Planning and Zoning Minutes 08.08.2022 Page 11 of 12 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 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, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 Commissioner Carlquist move to recommend to City Council denial of the Comprehensive Plan Land Use Map amendment, finding it does not comply with the Comprehensive Plan, too high of density and does not meet City ordinance. Commissioner Eslinger seconded. The motion passed unanimously by voice vote. 2.2021-032 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1,2022, JULY 6, 2022 Commissioner Danielson moved an additional hearing is needed for 2021-032. Commissioner Schmalz seconded. The motion passed unanimously by voice vote. 3.2021-032 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 Commissioner Eslinger moved to provide the following findings to the City Council as the reasoning or the recommendation to deny. Commissioner Schmalz seconded the motion. The motion passed unanimously by voice vote. CźƓķźƓŭƭ ŅƚƩ ƩĻĭƚƒƒĻƓķğƷźƚƓʹ bƚƷ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ǒƓźƷƭ ƦĻƩ ğĭƩĻͲ Ʒƚƚ ŷźŭŷ ƚŅ ķĻƓƭźƷǤͲ Ʒƚƚ ĭƌƚƭĻ Ʒƚ ƷŷĻ ŅƚƚƷŷźƌƌƭͲ ƦǒĬƌźĭ ĭƚƓĭĻƩƓ ŅƚƩ źƓŅƩğƭƷƩǒĭƷǒƩĻ Ǟğƭ ŭƩĻğƷ͵ 4.Action on Flagship Homes Annexation CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 Commissioner Eslinger moved to recommend to City Council denial of Flagship Homes Annexation, finding it does not comply with our Comprehensive Plan and does not meet City ordinance. Commissioner Schmalz seconded. The motion passed unanimously by voice vote. 5.2021-030 Recommendation for additional public hearing CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 Commissioner Danielson moved an additional hearing is needed for 2021-030. Commissioner Schmalz seconded. The motion passed unanimously by voice vote. 6.2021-030 Adoption of Reasoned Statement CONTINUED FROM NOVEMBER 17, 2021, DECEMBER 1, 2021, JANUARY 5, 2022, FEBRUARY 2, 2022, MARCH 2, 2022, MAY 4, 2022, JUNE 1, 2022, JULY 6, 2022 Commissioner Clapp moved to provide the following findings to the City Council as the reasoning or the recommendation to deny. Commissioner Eslinger seconded the motion. The motion passed unanimously by voice vote. CźƓķźƓŭƭ ŅƚƩ ƩĻĭƚƒƒĻƓķğƷźƚƓʹ ƚǝĻƩǞŷĻƌƒźƓŭ ƦǒĬƌźĭ ƚƦƦƚƭźƷźƚƓͲ ƓƚƷ ŷğƩƒƚƓźƚǒƭ Ʒƚ ƭǒƩƩƚǒƓķźƓŭ ğƩĻğƭͲ ƓĻĻķƭ Ʒƚ ĭƚƓƭźķĻƩ źƓŅƩğƭƷƩǒĭƷǒƩĻ͵ CALL FOR ADJOURNMENT: The meeting adjourned at 12:07 a.m. _______________________________ Nick Torman, Chairman ________________________________ Kristina Buchan, City Clerk Planning and Zoning Minutes 08.08.2022 Page 12 of 12 Ammon Planning and Zoning Commission September 7, 2022 Chairman Nick Torman and Commissioners: Public Hearing #2022-019 Title 10, Chapter 32 Communication Towers and Antennas Amendment Staff Presenting: Cindy Donovan Planning Director Compliance - This action is in compliance with Title 10, Chapter 4 Amendments - This action is in compliance with the Comprehensive Plan Chapter 19 Economic Development Summary of Analysis 1. Amendments in 10-32-7 (A) lower the required setback from an existing tower in an undeveloped commercial area. 2. Amendments include the installation of bollards every four (4) feet by the commercial development around an existing tower. 3. Amendments include the installation of bollards every four (4) feet during installation of a tower for any towers installed after September 1, 2022. 4. These amendments will allow for all commercially zoned areas to be fully built out. 5. Comprehensive Plan, Chapter 19, paragraph 2: With this success in making Ammon a part of the center of retail shopping in eastern Idaho, future economic development should focus on providing employment opportunities that provide sufficient income to allow citizens to both live and work in Ammon. In the Population discussion earlier in this plan, it was noted that educational attainment and median income are substantially higher in Ammon than the rest of the county and the state. To achieve goals related to meeting employment needs for a population with higher educational achievement and commensurate income, this focus should include development of technology centers within the city. These centers could be medical, research, communications or technology development. 6. Comprehensive Plan, Chapter 19, Goal #1: Target sectors of the economy that will provide significant employment opportunities to residents of Ammon, thereby allowing the city to be a desirable place to live, work, and recreate. 7. Comprehensive Plan, Chapter 19, Goal #2: Develop an economic base complementary to the 8. Comprehensive Plan, Chapter 19, Goal #3: Identify sites having the necessary criteria for developing technology parks and sites for other new commercial development that lend themselves to increased business activity and nonresidential use to preserve larger areas as primarily residential neighborhoods. 9. Comprehensive Plan, Chapter 19, Goal #4: Ensure the ability for the City to continue to fund, improve and support itself, including its infrastructure. 10. 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. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 11. 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. 12. 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 13. 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. - Approval of requested setback amendments in Title 10, Chapter 32 - Presented by Barry Bame, Connect Engineering Notice - Notice was published in the Post Register on Friday, August 19, 2022 - Notice was mailed to 20 public entities on Friday, August 19, 2022 - No posting was required - Public Comment: None Motion Approve I move to recommend approval of the Title 10, Chapter 32 amendments finding they are in compliance with the Comprehensive Plan and City Ordinance. Deny I move to recommend denial of the Title 10, Chapter 32 amendments finding they are not in compliance with the Comprehensive Plan and City Ordinance. Continue I move to continue Public Hearing #2022-019 until further information can be obtained. Attachments: 1. Title 10, Chapter 32 Communication Towers and Antennas 2. Title 10, Chapter 4 - Amendments 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 CHAPTER 32 COMMUNICATION TOWERS AND ANTENNAS SECTION: 10-32-1: Intent and Purpose 10-32-2: General Objectives 10-32-3: Definitions 10-32-4: General Provisions 10-32-5: Special Antenna Categories 10-32-6: Tower Categories 10-32-7: Setbacks 10-32-8: Separations 10-32-9: Co-location Required 10-32-10: Requirements of Colocation 10-32-11: Appearance 10-32-12: Support Equipment Buildings 10-32-13: Interference and Emissions Standards 10-32-14: Safety and Health 10-32-15: Maintenance 10-32-16: Backhaul Network 10-32-17: Non-conforming Use 10-32-18: Abandoned Towers 10-32-19: Conditional Use Permit Required 10-32-20: Business License 10-32-21 Business License Fees 10-32-22: Property Owner Responsible 10-32-23: Penalty 10-32-1: INTENT AND PURPOSE. Communication towers and antennas whose distribution, placement, architectural, or other aesthetic properties are out of character with their surroundings have the effect of decreasing the attractiveness and destroying the character and integrity of the community. This in turn has an adverse impact on quality of life and property values, important elements of the public welfare. The purpose and intent of this ordinance is to promote the public welfare, by providing for those communication towers and antennas required for over-the-air communications services, while controlling the negative impacts which can be caused by these towers and antennas. 10-32-2: GENERAL OBJECTIVES. The objectives for establishing a conditional use for and requiring business licenses for communication towers and antennas are to: Page 1 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (A) Provide for the legitimate desire of service providers, citizens, and businesses in and near the City to provide, or to access and use over-the-air electromagnetic radio wave services as quickly as practical; (B) Protect the citizens of Ammon and surrounding areas from potential adverse impacts of towers and other telecommunication facilities; (C) Minimize adverse visual impact of wireless telecommunication facilities through careful design, siting, landscaping and encouraging innovative camouflaging techniques; (D) Promote and encourage shared tower use by co-location of antennas and antenna support structures as a primary option rather than construction of additional single use facilities; (E) Establish siting, appearance, and noise standards that protect the residents and businesses in and around Ammon by only allowing towers, antennas, and support equipment buildings that are visually and audibly compatible with and tend to blend in with the area where they are located; (F) Optimize the placement and distribution of various types of towers; and (G) Maintain tower appearance and structural integrity through design, construction, and maintenance standards. 10-32-3: DEFINITIONS. (A) Antenna -- any structure or device designed, utilized, or intended to be utilized to radiate or capture over-the-air electromagnetic waves, for purposes including but not limited to beacon, control signal, data, audio and/or video transmission or reception, radio or television transmission or reception, studio to transmitter links, microwave relay links, satellite uplinks and downlinks, unlicensed wireless services, commercial wireless telecommunication services, commercial mobile wireless services, cellular phone services, specialized mobilized radio communications, enhanced specialized mobilized radio communications, personal wireless services, common carrier wireless exchange access services, and pager services. (B) Backhaul Network -- landlines (including trunks) and microwave links interconnecting wireless telecommunications antennas, mobile telephone switching offices, and the public switched telephone network (including local and long-distance providers). (C) Board of Adjustment -- the Board of Adjustment of the City of Ammon, Idaho. (D) City -- the City of Ammon, Idaho. (E) City Clerk -- the City Clerk of the City of Ammon, Idaho. (F) City Council -- the City Council of the City of Ammon, Idaho. Page 2 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (G) Co-location -- the use of a tower by more than one wireless communications provider. (H) FAA -- the Federal Aviation Administration or its lawful successor. (I) FCC -- the Federal Communications Commission or its lawful successor. (J) Fire Chief -- the Fire Chief of the City of Ammon, Idaho. (K) Mayor -- the Mayor of the City of Ammon, Idaho. (L) Personal Wireless Services -- commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as now defined in Section 704(a)(7)(C)(i) of the Telecommunications Act of 1996, 47 U.S.C. Section 332(a)(7)(C)(i), as the same may be amended from time to time. (M) Planning and Zoning Commission -- the Planning and Zoning Commission of the City of Ammon, Idaho. (N) Public Utility Facilities -- facilities designed or utilized for the transmission, distribution, delivery or collection of electric, public switched telephone network, cable television, natural gas, water or sewer utility services, or for the transportation of the public. (O) Service Provider -- a wireless communications provider. (P) Tower -- for the purpose of this chapter, tower refers to communications towers. A tower is any lattice tower, monopole, pole, mast, spire, or similar structure, freestanding or guyed, mounted on the ground or on another structure, which supports or is intended to support one or more antennas. (Q) \[Commercial\] Wireless Telecommunication Services -- licensed cellular, specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), personal communication services (PCS), paging, and similar services utilizing over-the-air electromagnetic radio waves that are marketed to the general public. Wireless telecommunication services are not controlled by the Idaho Public Utilities Commission, are not public utilities and are not essential services, but are governed under the provisions of this ordinance. 10-32-4: GENERAL PROVISIONS. (A) Any tower support equipment building must meet minimum requirements governing main buildings in the zone in which it is located, unless the support equipment building is an accessory to a main building, in which case the support equipment building must meet minimum requirements for accessory buildings in the zone in which it is located. (B) The tower and everything attached to it must meet minimum requirements governing accessory buildings in the zone in which it is located. If the tower is also used to Page 3 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 illuminate a public park, playing field, public parking lot or public street, or to hold a traffic light, instead of being governed by accessory building setbacks, the tower shall minimally be governed by street light setbacks. Additional setback requirements given in the Setbacks section of this ordinance must also be met. (C) No tower or antenna may extend further than eighteen (18.0) inches beyond the front line of any building into the property's front yard, except for: 1. Satellite dishes and microwave TV dishes no greater than thirty (30.0) inches in diameter, 2. Towers which are also used to illuminate public parks, playing fields, public parking lots, or public streets, 3. Towers which are also used to hold traffic lights, 4. Towers which are made to look like and used as flag poles. (D) The property where a tower is or will be located must have an access easement by which vehicles and equipment can get to the property. Access roadways to towers must be hard surfaced with asphalt or cement. (E) If the land upon which the tower is or will be located is or will be leased, the lease shall fit within "commercial lease" provisions of the Federal Bankruptcy Law. (F) Except existing towers categorized as type 4, no tower shall be allowed to be constructed as a lattice tower. 10-32-5: SPECIAL ANTENNA CATEGORIES. (A) Receive only Antennas. Receive only antennas are those which receive but do not transmit any signal. The most common receive only antennas are those which receive broadcast AM radio, FM radio, or TV signals, although others also exist. A receive only antenna is allowed in any zone in the City and does not require a conditional use permit or business license, provided that the highest point of the tower and anything mounted on it is no higher than thirty- or for roof trees or buildings blocking a signal from a directional antenna, this height may be increased sufficiently to clear the obstruction, but only up to a above grade. (B) Amateur Antennas. An amateur antenna, to include dipoles, used by a federally licensed amateur radio operator, is allowed in any zone in the City and does not require a conditional use permit or business license, provided the highest point of the tower and from grade, and provided all applicable FCC regulations are met. Page 4 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (C) Personal Use Unlicensed Frequency Antennas. An antenna used to transmit on FCC authorized unlicensed frequencies (such as Citizen's Band), for personal use only, may be located in any zone in the City and does not require a conditional use permit or business license, provided it meets the same minimum requirements that a receive only antenna must meet, plus all applicable FCC regulations. (D) Low Height Governmental Antennas. A transmitting antenna used strictly for Federal, State, or local governmental purposes may be located in any zone in the City and does not require a conditional use permit or business license, provided it meets the same minimum requirements that a receive only antenna must meet, plus all applicable FCC regulations. (E) Mobile Antennas. An antenna attached to a licensed motor vehicle (including travel trailers or motor home trailers or camper trailers, but excluding all other types of trailers) may be used in any zone in the City and does not require a conditional use permit or business license. This also includes any temporary antenna set in the parking area beside such a vehicle, used exclusively by that vehicle, and carried in or on the vehicle when the vehicle is not parked. (F) Portable Hand-Held Device Antennas. An antenna attached to a portable hand-held device, such as a walkie talkie, wireless phone, cell phone, or pager, may be used in any zone in the City and does not require a conditional use permit or business license. (G) Temporary Towers. 1. A "temporary tower", including such things as a cherry picker or crane, used to determine acceptable antenna locations and heights, does not require a conditional use permit or business license, but does require a letter of intent to be filed with the Planning and Zoning Director, including specific locations to be tested and the date each test will be made. 2. If a tower with a current conditional use permit and business license has been damaged or destroyed, a temporary tower may be placed at the same site, provided the temporary tower meets all setback requirements, for a period of up to ninety (90) days, while the permanent tower is being repaired or replaced. Before the temporary tower may be placed on the property, a building permit must be applied for and the site must be found to be in compliance with the current ordinance. 3. No other temporary towers are allowed within the City. (H) Antenna Arrays. Antenna arrays are normally only used to transmit long wave, medium wave (including broadcast AM radio), and short-wave radio signals. An antenna array, consisting of multiple towers and their supporting mechanisms but functioning as a single broadcast antenna, will be treated as a single tower where limitations on numbers of towers exist in this ordinance. Page 5 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 10-32-6: TOWER CATEGORIES. In all cases, each land and/or building owner, whether public or private, has the right to control the placement of, dictate acceptable characteristics of, and limit the total number of towers and/or antennas on his, her, their, or its property, as long as all provisions of this ordinance are met. The City Council reserves the right to impose stricter requirements than those required for a specific tower type, if the characteristics of the specific tower site warrant it. (A) Type 1: mounted to a roof or side of a building, and: 1. Extending no greater than thirty- 2. If guy wires are used, no guy wire may extend below the roof. 3. No part of a roof mounted tower may extend beyond the side of the building, and no part of a side mounted tower may extend greater than eighteen (18.0) inches beyond the side of the building. 4. Nothing mounted on the tower may extend further than thirty- the average height of the highest roof, nor greater than eighteen (18.0) inches beyond the side of the building. 5. An antenna mounted directly to the side of a building or any other structure not otherwise classified as a tower may not extend above the square or top of the side of the building, nor more than eighteen (18.0) inches beyond the side of the building. 6. Allowed in the R-3, R3-A, and all commercial, industrial and manufacturing zones. (B) Type 2: a monopole designed to be consistent with other utility poles in the area or designed as a separate pole to blend into the surrounding landscape and: 1. No greater than one- top of the tower and anything mounted to the tower. 2. No greater than thirty (30.0) inches in width or in depth. 3. Nothing mounted on the tower, including but not limited to antennas, mounting brackets, amps platforms, and transformers, may extend further than sixteen (16) feet beyond the face of the tower, with the exception of antennas strung between towers, supports for electric, telephone, cable TV, and other lines defined as utility lines by City code, and those lights and flags specifically allowed on the tower under items 10-32-6(B)4 and 10-32-6(B)5 of this ordinance. 4. Allowed in any zone in a one (1) acre or greater public park, in a playing field located on a five (5) acre or greater property upon which no residence is located, or in a public parking lot, with a light or lights attached to illuminate the public park, playing field, or public parking lot. Page 6 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 5. When made to look like a flag pole, allowed in any zone except single family residential zones, provided that: (a) Excluding the land the tower itself is on, the tower is at least two hundred (200.00) feet from the nearest single family zoned residential property line, (b) The flag is flown daily as part of the operation of the related property activities. (c) The flag is sized appropriately for the height of the pole. 6. Allowed behind and within one hundred fifty (150) feet of a building, when located in any commercial zone. 7. Allowed anywhere on the property, when located in an industrial or manufacturing zone (M-1, I&M-1, or I&M-2), unless prohibited by another section of this chapter. 8. Allowed in any commercial or industrial zone adjacent to a public street, with a light or lights attached to illuminate the street, 9. Allowed in any zone when located adjacent to an arterial with a light attached to illuminate the arterial, or when located adjacent to an arterial, or at an intersection of an arterial and any other street, with a traffic light attached. (C) Type 3: Any tower which is in excess of the allowed height in the type 2 tower category or cannot meet the minimum requirements of any of the other tower types. This category would also include any tower whose height or location force it to be marked with FAA standard colors and/or to use FAA mandated warning lights. Type 3 towers are subject to the following: 1. Allowed in manufacturing and industrial zones (M-1, I&M-1 or I&M-2) or when proposed outside an industrial or manufacturing zone, justification must be provided for not using a type 1 or type 2 tower due to one or more of the following: (a) City Council has requested a type 3 tower at a specific site. (b) Height limitations: i. For a type 1 tower, no building which would otherwise allow the antenna to reach the desired coverage area is both available and tall enough to get the antenna to the height required and still meet type 1 tower height limitations; and ii. Neither a type 1 or 2 tower would be tall enough; and iii. For sound engineering reasons, the service provider's tower system plan cannot be redesigned (including but not limited to using infill towers) to accommodate a shorter tower height. Page 7 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (c) Site availability: i. No industrial or manufacturing sites are available which would allow the antenna or disbursed sets of antennas to reach the desired coverage area; and ii. No other sites capable of accommodating type 1 or type 2 towers are available which would allow the antenna or disbursed sets of antennas to reach the desired coverage area. 2. Type 3 towers may not exceed one-hundred sixty- measured from the ground at grade to the top of the tower and anything mounted on the tower. If a greater height above average terrain is required, this must be achieved by locating the tower on higher ground. (D) Type 4: Any tower that exists at the time of adoption of this ordinance or that is annexed into the City that does not meet all of the minimum requirements of the category types 1 through 3. Any type 4 tower that was built without a public hearing held under the City of Ammon jurisdiction and that has not undergone a public hearing within the City of Ammon shall, prior to the addition of co-location antennas be required to undergo a public hearing following all requirements of a new tower as described in section 10-32-19 of this chapter. 10-32-7: SETBACKS. For setback purposes, tower height is measured from the ground at grade to the highest point on both the tower and anything attached to the tower (including lightning rods). All setbacks given in this section are in addition to those imposed by the zone in which the tower is located. The City Council reserves the right to impose stricter setback requirements, if the characteristics of the specific tower site warrant it. (A) All tower types: 1. Due to its proximity to Fanning Field, Idaho Fall's airport, the Eastern Idaho Regional Medical Center's life flight operations must use a special corridor along Sunnyside Road to get into and out of the hospital. To protect this corridor, no three hundred twenty (1320) feet of Sunnyside Road's right of way, from that portion of Sunnyside Road one thousand three hundred twenty (1320) feet east of Ammon Road, to where it meets the City boundary at 25th East Hitt Road on the west. 2. In the instance where a tower has been installed prior to September 1, 2022, within an undeveloped commercial zone, any building constructed shall be setback a minimum of ten (10) feet from the perimeter of the tower property. The Developer of the commercial property shall install bollards every four (4) feet along the tower property to reduce the possibility of vehicles reaching the tower components. Page 8 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 3. All towers installed after September 1, 2022 within an undeveloped commercial zone shall install bollards every four (4) feet along the tower property to reduce the possibility of vehicles reaching the tower components. (B) Type 2 towers: 1. For towers located adjacent to arterials, there are no setback requirements beyond those imposed by the zone in which the tower is located. 2. Otherwise, the centerline of the tower must be horizontally set back at least one (1.00) times the height of the tower from all R2-A, R-3, and R3-A properties and two- This requirement shall also be considered for all properties shown as residential on the comprehensive plan map outside the City but within the City's impact area, or if outside the City's impact area, zoned or designated as residential by the city or county governing that property. (C) Type 3 towers: excluding the property the tower itself sits on, the centerline of the tower must be horizontally set back at least: 1. One (1.00) times the height of the tower from any arterial; 2. Four (4.00) times the height of the tower from all single family residentially zoned properties within the City. This set back requirement shall also apply from all properties designated as low density on the comprehensive plan map outside the City but within the City's impact area, or if outside the City's impact area, zoned or designated as low density residential by the city or county governing that property (for the purpose of this requirement low density shall include any property zoned or designated for a maximum density of four (4) living units per acre or less); 3. Two (2.00) times the height of the tower from all R2-A zoned properties within the City. This set back requirement shall also apply from all properties designated as medium high density on the comprehensive plan map outside the City but within the City's impact area, or if outside the City's impact area, zoned or designated a density equivalent to that allowed by Ammon City Code in the R2-A zone; 4. One (1.00) times the height of the tower from all R-3, R3-A, and all commercial zoned properties within the City. This set back requirement shall also apply from all properties designated as commercial or high density on the comprehensive plan map outside the City but within the City's impact area, or if outside the City's impact area, zoned or designated as commercial or high density by the city or county governing that property; 5. Except for the minimum setbacks required in the zone where the tower is located, no minimum setbacks are required from M-1, I&M-1, or I&M-2 properties within the City. This set back requirement shall also apply from properties designated as industrial or manufacturing on the comprehensive plan map outside the City but Page 9 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 within the City's impact area, or if outside the City's impact area, zoned or designated as industrial or manufacturing by the city or county governing that property. 10-32-8: SEPARATIONS. For separation purposes, the separation distance is measured from the centerline of one tower to the centerline of the next tower. The City reserves the right to impose stricter separation requirements, if the characteristics of the specific tower site warrant it. (A) All placement of new towers within the City shall be at a minimum distance of six hundred sixty (660) feet from any other tower, including towers that may be located outside the City limits, except those classified in item (B); (B) All new type 3 towers shall be separated at least one (1) mile from any other type 3 tower, including towers that may be located outside the City limits. 10-32-9: COLOCATION REQUIRED. Co-Location shall be considered and required as follows: Type 1 and 2 towers shall be assessed on a site-by-site basis by City Staff in regards to co- location requirements. Staff shall make a recommendation to the Planning and Zoning Commission in regards to requirements of co-location on Type 1 and 2 towers. No new Type 3 tower shall be permitted unless the tower is designed and built to be able to support multiple carriers whose co-located equipment would minimally be comparable in weight, size and surface area with the facilities being applied for by the new tower applicant, unless the applicant can show why not requiring co-location would reduce the number of towers required to serve the City service area. No new tower shall be permitted unless the applicant provides evidence of attempting to install or co-locate on existing towers within a one-half (½) mile radius of the proposed tower site. Good faith efforts to negotiate co-location shall be evidenced by the following: (A) Lack of existing towers or structures located within the geographic area required to meet (B) engineering requirements; (C) Insufficiency of existing towers or structures to support the proposed antenna and related equipment; (D) antenna(s) on existing towers or structures, or the antenna(s) on the existing towers or Page 10 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (E) The fees, costs of contractual provisions required by the owner in order to co-locate on an existing tower or structure or to adapt an existing tower or structure for co-location are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. (F) The applicant shall provide the City with communications held with other tower owners showing that all possible co-location has been attempted. 10-32-10: REQUIREMENTS OF CO-LOCATION: For co-location purposes, tower height is defined as the distance from the ground at grade to the top of the tower, exclusive of anything mounted on the tower. The City Council reserves the right to impose stricter co-location requirements, if the characteristics of the specific tower site warrant it. (A) Towers which support only the following types of antennas are excluded from co-location requirements, although the owner is allowed to offer co-location if he, she, they, or it so desires: 1. Antennas transmitting on frequencies below 30 MHz; 2. Antennas used exclusively for public safety or other governmental purposes; 3. Receive only antennas. (B) All towers one- antennas mounted at varying heights, and must be able to support the following number of user antennas; where each additional antenna is structurally comparable to the first user's antenna(s): 1. For towers one- 2. For towers one-hundred twenty-three users; 3. For towers one- 4. For towers one-hundred fifty-five ast five users. (C) In addition to the requirements given in the "Support Equipment Buildings" section of this ordinance, the tower owner must own or lease sufficient land adjacent to the tower to accommodate a single building big enough to hold all the support equipment (radios, generators, etc.) for the total number of users mandated above. This building may initially be sized to just hold the original tower user's equipment, and then added onto as additional co-locators locate on the tower, but only one support equipment building is allowed per tower. This does not preclude each co-locator's space in the support equipment building from being totally isolated from all other users' space, nor does it preclude separate outside doors to each space. The exterior of the entire building, Page 11 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 regardless of the number of occupants, must be of the same architecture, construction, and materials throughout, to provide a uniform appearance. (D) Tower owners' co-location fees shall not exceed what the Idaho market will bear. A statement showing current rates charged within the Idaho market shall be submitted with each new application for a tower. (E) As a condition of being granted a conditional use permit, all tower owners whose towers are required by this ordinance to be built with co-location capabilities agree to allow public safety communication systems to co-locate on their towers. (F) For any tower which this ordinance requires to be built with co-location capabilities, the tower conditional use permit shall designate the maximum number of co-location antennas that shall be allowed. The tower owner shall then provide the ability of co- location to future users. (G) Any tower approved by conditional use permit under this chapter shall provide the City one (1) co-location space at no charge. This space shall be reserved for the City on such tower, and may only be used by the City to support its internal operations. 10-32-11: APPEARANCE. (A) All towers, antennas, and support equipment must conform to Federal Aviation Administration (FAA) and other federal and state regulations regarding colors. Any portion of any tower, antenna, or support equipment not regulated by FAA, federal, or state regulations must be a color which: 1. For towers attached to buildings, the tower and everything attached to the tower must be low contrast to the building as a whole; 2. For antennas attached directly to a building (for example, as a facade), the antenna must blend in with and appear to be a part of the building; 3. For free standing towers, if there is a building within one hundred fifty (150) feet of the tower (excluding the support equipment building), the bottom part of the tower laterally across from the building and everything attached to the bottom part of the tower must be low contrast to the building as a whole, and if the color of the building is changed such that the bottom part of the tower no longer is low contrast to the building as a whole, then the color of the bottom part of the tower must be changed to again become low contrast with the new building color, preferably at the same time the building color is changed, but no later than thirty (30) days after the building color changes; 4. For free standing towers, if there are no buildings within one hundred fifty (150) feet of the tower except for the support equipment building, the bottom part of the tower Page 12 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 and everything attached to the bottom part of the tower must be low contrast year- round to surrounding vegetation and terrain; 5. The remaining (or upper) parts of the tower and everything attached to the remaining (or upper) parts of the tower must be low contrast to the sky (both clear and clouded), and this color need not be the same as used for other parts of the tower; 6. Any type 2 tower not also used as a flag pole alternatively may be the same color as a wooden utility pole, with the provision that everything attached to the tower must be low contrast to either the tower or the surrounding environment; 7. All tower surfaces and finishes designed to corrode or weather to their final stage of finish are prohibited; 8. The City Council reserves the right to require specific colors for any given tower, and anything attached to it. This can include what paint or other colorant base to use, how many coats to use, what pigment to use, and the percentage the color may deviate from a specified pigment. (B) All towers must conform to Federal Aviation Administration (FAA), Idaho Transportation Department Division of Aeronautics, Federal Communications Commission (FCC), and other federal and state regulations regarding warning lights and other lighting. When such lights are present, both the light and any flashing or strobing effect must be minimally visible from any part of the ground within visual range of the tower. Except for lights illuminating public parks, playing fields, or public parking lots on type 2 towers, lights illuminating public streets on type 3 towers, and traffic lights on type 3 towers, no other lights are authorized on a tower, without specific permission from the City Council. (C) Except for FAA tower designation signs, warning signs, equipment information signs, owner and who to contact signs, and broadcast station call letters, the use of any portion of a tower for signs is prohibited. (D) No trash and no outdoor storage of any kind of material, including vehicles, is permitted on the land used by the tower and support equipment building. If the tower is located in a public parking lot, vehicles may use the public parking lot, but permanent parking of vehicles is prohibited. (E) All support equipment emitting any sound shall be located in the support equipment building. The support equipment building shall use hospital graded or hospital zoned mufflers. If none of the support equipment emits any sound, the requirement for these mufflers may be waved, but no sound emitting equipment may subsequently be introduced until such time as these mufflers are in place. (F) The City Council reserves the right to require towers, support equipment buildings, the land containing the tower and its support equipment building, and/or anything connected to the tower including antennas, to be concealed or camouflaged and may add items not Page 13 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 listed in this code on a case-by-case basis as required to maintain the tower property in harmony with the surrounding area. 10-32-12: SUPPORT EQUIPMENT BUILDINGS. (A) All equipment supporting type 1 towers must be located in the building upon which the tower is mounted or installed in a building meeting all the design and setback requirements of the existing zone, except for that equipment which can only be located on the tower itself. (B) Any addition made to an existing building in order to house support equipment must be visually compatible with the existing building. (C) Except for outdoor transformers and equipment which can only be mounted on the tower itself, all support equipment (including generators) must be housed in a support equipment building. (D) When support equipment is housed in an independent support equipment building rather than a main building, the support equipment building must be of a similar minimum construction and appearance as other conforming auxiliary buildings in the zone and area. All buildings used for support equipment on a tower must meet the current building code as adopted by the City of Ammon. (E) Support equipment buildings shall not be constructed of metal. Nor may a support equipment cabinet be used instead of a building. The minimum acceptable building material is cinder block, architectural brick, or a poured block with a brick appearance. Roofs must use asphalt shingles, or alternatively must be a flat one-piece membrane rated to withstand Eastern Idaho snow loads. (F) Rapid entry (KNOX) box systems shall be installed as required by the fire chief. (G) A support equipment building may not be located in a utility easement. (H) Support equipment buildings for towers located in public parks, playing fields, or public parking lots shall: 1. Be a color which is low contrast year-round to surrounding vegetation and terrain, unless otherwise dictated by the public parks, playing fields, or public parking lot's owner, or as specified by the City Council. 2. Be owned by the City or other entity owning the public park, playing field, or public parking lot. (This ownership applies to the support equipment building only, not to the tower.) 3. Contain a separate room or rooms, accessed by separate outside doors, to provide storage space and/or restroom facilities to the City or other entity owning the public park, playing field, or public parking lot. Page 14 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (I) Support equipment buildings for towers located behind or otherwise near a main building shall either be a part of the main building itself, or shall be similar in appearance to the main building. (J) Support equipment buildings for towers located by a public street or at an intersection of public streets shall be a color which is low contrast year-round to the surrounding area. (K) Support equipment buildings must conform with the sound control requirements specified in the "Appearance" section of this ordinance. (L) Support equipment buildings must conform with the additional requirements given in the "Co-location" section of this ordinance. 10-32-13: INTERFERENCE AND EMISSIONS STANDARDS. All transmitting antennas and devices must stay in compliance with FCC regulations governing electromagnetic interference and radio frequency interference. In the event the City has reason to believe a tower or antenna within the City is causing interference or emissions out of compliance with the FCC; the City shall first notify the tower owner of the possible problem. The tower owner shall then be responsible for testing to verify all emissions from the tower are in compliance with the FCC regulations. In the event the tower owner fails to verify compliance within 90 days of notification by the City; then the City shall take the necessary steps to verify compliance and the tower owner shall then be responsible for all costs incurred including but not limited to attorney fees. No renewal of a business license or conditional use permit shall be granted until such time as required compliance letters are received by the City Clerk and all costs incurred by the City have been paid in full. 10-32-14: SAFETY AND HEALTH. The tower owner bears full legal responsibility for any harm the tower or its associated facilities may cause to any person, any property, or the environment. The antenna owner bears full legal responsibility for any harm the antenna or its associated facilities may cause to any person, any property, or the environment. (A) Every tower shall be protected to discourage climbing of the tower by unauthorized persons. Preferably, the tower design itself will discourage climbing. This may not be achieved, however, by placing barbs or similar devices which would cause bodily harm on or near the tower. In some cases, the City Council may require a fence to secure a specific site. (B) Metal towers must be constructed of, or treated with, corrosive resistant material. Wooden towers must be impregnated with rot resistant substances. (C) The tower and associated facilities must be covered by liability insurance. (D) All towers, antennas, and signals transmitted from them must comply with current Federal Aviation Administration (FAA) regulations, State of Idaho Code Title 21 Chapter 5, State of Idaho Administrative Rule 39.04.02, Federal Communications Commission (FCC) Page 15 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 regulations, and all other regulations issued by federal and State of Idaho agencies governing communications towers, antennas, and signals transmitted from them. For the lifetime of the tower and each antenna, any new or changed federal or state regulation governing it must be complied with within the time frame mandated by the new or changed regulation, or if no time frame is provided, within six months of the new or modified regulation's effective date. Failure to comply with federal and state regulations is in violation of this ordinance and constitutes a misdemeanor, punishable as described in the "Penalty" section of this ordinance. 10-32-15: MAINTENANCE. Under some circumstances the City may require an inspection from an independent professional engineering firm certified in the State of Idaho certifying: (A) What damage (if any) was sustained by the tower since the previous inspection report, and the repairs made to correct it; (B) That the tower is free from rust, rot, pealing, flaking, blisters, and similar defects, and is appropriately treated to remain so through the coming year. (C) That the tower has been thoroughly inspected and the inspection verifies that the structural integrity of the tower meets applicable standards. 10-32-16: BACKHAUL NETWORK. All providers of backhaul service for each antenna on the tower must be identified to the City, and must hold a current franchise with the City. 10-32-17: NONCONFORMING USE. Any permanent tower and any antenna mounted thereon, which was legally established and in use at the effective date of this ordinance, which does not meet the requirements of this ordinance (except it must still meet the business license, interference, maintenance, backhaul networks, and most of the safety and health requirements), and cannot be economically modified to meet the requirements of this ordinance, shall be deemed to be a nonconforming use, and such nonconforming use may be continued notwithstanding the fact that it may not comply with the provisions of this ordinance. No tower or antenna which is in conformance with the provisions of this ordinance is allowed to come out of conformance. Nonconforming uses are subject to the following requirements: (A) All nonconforming tower owners must maintain a valid business license as required in the business licensing section of the City code. (B) Each service provider using the tower must be brought into conformance with the backhaul network requirements of this ordinance. (C) Any tower found to be out of compliance with the maintenance, and safety and health provisions of this ordinance shall be brought into compliance prior to the issuance or renewal of a business license. Page 16 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (D) Routine maintenance is permitted on nonconforming towers and antennas. However, a nonconforming tower or antenna may not be structurally altered or replaced by another tower which is different in use, physical dimensions, or location, without complying in all respects with this ordinance. (E) If the cost of repairing a damaged or destroyed nonconforming tower or its components to its former use, physical dimensions, and location would be greater than the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this ordinance. Otherwise, a damaged or destroyed nonconforming tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefore, and continue in its nonconforming state, provided all other provisions of this ordinance, and all other applicable City ordinances and building codes are met, and provided the building permit is obtained within sixty (60) days from the date the tower was damaged or destroyed, and completion of repairs to or replacement of the tower is completed within ninety (90) days of issuance of the building permit. Otherwise, the tower shall be deemed to be abandoned, and shall fall under the provisions of the Abandoned Towers section of this ordinance. 10-32-18: ABANDONED TOWERS. (A) In the event a tower contains no licensed antenna for a period of six (6) months the tower shall be considered abandoned and all regulations governing abandoned towers shall apply. (B) At such time the tower owner plans to abandon or discontinue operation of a wireless communication facility, the owner shall notify the City by first-class US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that a tower owner fails to give such notice the tower shall be considered abandoned on the date the City becomes aware of said abandonment. (C) The tower owner shall remove the tower and all components of the tower use no later than ninety (90) days after the date of abandonment or discontinuation, properly disposing of all waste materials from the site in accordance with local and state solid waste disposal regulation, and restore the location to its before use state, landscaping and grading excepted. Removal shall include, but not be limited to, removal of antennas, support structures, equipment enclosures and security barriers from the subject property. (D) If a tower owner fails to remove the wireless communication facility in accordance with this section, the City may cause the facility to be removed and all expenses of removal, disposal and restoration shall be paid by the current owner of record of the property where the facility is located. In the event the City is required to take this step a property lien shall be placed on the property until such time as the property owner satisfies all costs incurred by the City including any attorney fees related to the abandonment of the facility. Page 17 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 10-32-19: CONDITIONAL USE PERMIT REQUIRED: No new tower shall be allowed within the City without a conditional use permit. Conditional use permit applications shall follow the procedure in place for public hearings at the time of the request with the following additions: (A) At the public hearing a determination shall be made to the number of co-location antennas that shall be required on any permitted tower. (B) For a type 3 tower, starting three calendar days prior to the Planning and Zoning public hearing, continuing through the day of the Planning and Zoning meeting; the applicant will float a balloon of the standard size used in aerial line of site surveys, such that the top of the balloon is at the same height as the highest point of the proposed tower, including any item that may be attached to the tower (lightning rod, etc.). This balloon shall be removed each night and replaced each morning no later than 8:00 AM on each day required. Notice shall be visibly posted at the site, and all public notices announcing the public hearing for the tower will include language explaining the balloon placement dates and times. The Planning and Zoning Commission shall make a recommendation in regards to the requested site location, number of antennas to be allowed and any additional requirements of the conditional use permit to the City Council. (C) Each application for a tower conditional use permit shall contain the following items: 1. The name and contact information for the current owner of record for the property. 2. A notarized copy of the current lease with the property owner of record at the time the submission is made. 3. A map showing the location and noting the height, design, and if applicable, type of all existing towers, and all approved but not yet constructed towers, both in and within one mile of the City of Ammon and its impact area, and must also show on this map which of these towers are or will be used by the applicant, and where the applicant proposes to locate any new towers. The City of Ammon will provide to the applicant, the location of approved but not yet constructed towers. 4. A statement indicating the number of co-located antennas that can be supported as part of the tower conditional use permit. 5. A statement of the current Idaho market rate for co-location fees. 6. A site plan showing the location of the tower in relation to setbacks as required by this ordinance. This site plan shall contain the placement of the required support equipment building. The site must provide enough area to meet the requirements for the size of building required for the maximum number of co- located antennas identified in item 4 above. 7. If the conditional use is approved, a business license must be applied for prior to the issuance of the conditional use permit. Page 18 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (D) No decision made by the City may: 1. Prohibit or have the effect of prohibiting the provision of a particular type of wireless service; 2. Unreasonably discriminate among wireless service providers competing with one another; 3. Deny a request or impose any provisions which would require stricter emission standards than those imposed by the FCC. (E) If substantial construction of a tower facility has not begun within six (6) months of issuance of the conditional use permit, the conditional use permit becomes null and void. (F) When a Conditional Use Permit is granted, the continuation of that permit is conditioned on compliance with all terms of this chapter as well as any requirements set forth by the City Code in other Titles of the City Code included but not limited to business licensing. Failure to comply with City Code requirements may result in the termination of a conditional use permit requiring removal of the tower as set forth in section 10-32-18 of this chapter. 10-32-20: BUSINESS LICENSE. All towers must be licensed annually meeting the requirements of the business licensing section of the City Code. At the time of business license renewal there shall be a staff review of the renewal application. Staff shall consider the current condition and maintenance of the tower and tower site. The renewal of both the conditional use permit and business license shall be approved only after maintenance or repair items have been completed as required by staff. An appeal of the City Staff determination shall be directed to the City Council within a reasonable timeframe after receipt in writing of a request for appeal. The following items shall be submitted on an annual basis with the business license renewal application: (A) The name of the current owner of the tower. (B) The name of a contact person designated by the tower owner to address issues in regards to the tower. (C) The name and contact information of all antenna owners located on the tower. (D) Current FCC licensing documents extending to a period no less than the expiration date of the business license being requested for renewal. (E) Certificate of insurance of liability showing coverage for the tower and all its associated facilities. (F) The name and contact information of all backhaul networks serving the tower. Page 19 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 (G) The name and contact information of the current property owner of record of the site that the tower is located on. 10-32-21: BUSINESS LICENSE FEES. The fees for towers and antennas shall be established by resolution of the City Council, which may be amended and modified from time to time by resolution. (A) Business license tower and antenna fees shall be paid by the tower owner on an annual basis. (B) Fees must be paid annually prior to the expiration of the current business license. (C) New tower and antenna fees must be paid prior to or at the time of application for a building permit for construction of a tower or antenna. 10-32-22: PROPERTY OWNER RESPONSIBLE: It shall be the responsibility of the property owner of record of any tower site within the City of Ammon to maintain a current contact with the tower owner. In event of default by the tower owner for business license fees the current property owner of record shall be billed. In the event of non-payment, the FCC shall be notified that the current tower/antenna(s) are out of compliance with the City of Ammon licensing procedures and a request for non-renewal of the FCC license to operate shall be sent to the FCC. 10-32-23: PENALTY. Any violation of the provisions of this chapter shall be deemed to be a misdemeanor subject to penalties prescribed for such violations under section 1-4-1 of this code. Page 20 of 20 COMMUNICATION TOWERS AND ANTENNAS REVISED 9-15-22 6-27-13 Ammon Planning and Zoning Commission September 7, 2022 Chairman Nick Torman and Commissioners: City Council Updates July 7, 14, 21, August 4, 8, September 1, 2022 Staff Presenting: Cindy Donovan Planning Director Meeting Dates: 1. July 7, 2022 Findings of Fact - Cook Property - approved Annexation Agreement - Cook Property - approved Ordinance #687 - Cook Property Annexation tabled until Annexation Agreement is signed Findings of Fact Wright Property approved Annexation Agreement Wright Property approved Ordinance #688 Wright Property tabled until Annexation Agreement is signed Preliminary Plat Ammon Village North tabled until Annexation Agreement is signed, will come back to P + Z Preliminary Plat Legacy Village - approved 2. July 14, 2022 All items are discussion items and no action was taken GIFT Contract for services requesting funds to provide transportation throughout the City at a cost of $800,000. Strategic Plan Review and Update FY 2023 City of Ammon Budget Presentation FY 2023 Lighting District Budget Presentation Final Plat Requirements Amending Processes and Procedures discussed having all infrastructure in place prior to final plat. 3. July 21, 2022 Resolution #2022-006R Fiber Delinquent Accounts action to report to Bonneville County regarding those who have not paid the annual fee for fiber installation, this will be added to their tax bill Ordinance #687 Cook Property Annexation approved Resolution #2022-005R Romero Property Comprehensive Plan Map Amendment approved Ordinance #689 Romero Property Rezone from R3-A to R-1 approved Final Plat Legacy Village approved Development Agreement Legacy Village approved Final Plat Hillcrest Ranch 2 approved Development Agreement Hillcrest Ranch 2 approved Annexation Agreement Ammon Village change date for payment of water fees 4. August 4, 2022 Public Hearing #2022-018LD FY2023 Lighting District Budget approved 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Public Hearing #2022-017 FY2023 City of Ammon Budget approved Ordinance #688 Wright Property Annexation approved Appeal Steadham Property Access request to have two accesses from single property - denied 5. August 11, 2022 Work Session Cancelled 6. August 18, 2022 Ordinance #690 FY2023 Lighting District Budget approved Ordinance #691 FY2023 City of Ammon Budget approved Title 11-1-11 Additional Public Hearing for Flagship property City Council decided not to hold an additional public hearing provided they would uphold the P + Z recommendation to deny Right of Way Transfer Agreement Clement Property for along John Adams Parkway in the Urban Renewal District 7. September 1, 2022 Public Hearing #2022-020 LID 6 Formation required to begin the formal process of opening LID 6 for fiber installation Selection of Contractor - 21st Street and 45th East (Crowley) Sewer Extension Project Selection of Contractor Ammon Sanitation Building Discussion of Resolution 2022-007R Fee Resolution Discussion regarding Tort Levy Discussion regarding current contract research project 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon Planning and Zoning Commission September 7, 2022 Chairman Nick Torman and Commissioners: Traffic Commission Updates July 13 and August 10, 2022 Staff Presenting: Cindy Donovan Planning Director Meeting Dates: 1. July 13, 2022 Crosswalk on 21st and Castelli is completed Rawson will be complete by July 25, 4 driveways to be finished by Premier Paving In August crosswalks will be done with thermoplastic before school starts Horrocks will be working on the Eagle/Derrald intersection plans Crosswalk at Tie Breaker/Match Point costs for ramps for ADA compliance and flashing lights is approximately $25,000 4-way stop at Curlew/Chasewood intersection is warranted Horrocks Traffic Engineer will be working on possible one-way street patterns in the Eagle/Salmon area Crosswalk at John Adams/Tie Breaker thermoplastic need cleaned Look into a bollard system for the pathway on 21st. Change location of stop sign at Sawtooth/Falcon intersection Annexation Agreement Ammon Village change date for payment of water fees 2. August 10, 2022 Resident called concerned about speeding on Midway. Street Dept. will be sure the flashing speed limit signs on both ends of Midway are operational prior to school starting Resident asked if a crosswalk could be installed at Ross/17th Street intersection this request was denied because crosswalks at a mid-block location are extremely dangerous. Tie Breaker/John Adams crosswalk thermoplastic will be fixed before August 17 Curlew/Chasewood 4-way stop will be installed before August 26 Ross Avenue installation of speed/radar sign near the Ross/Geneva intersection will be completed before August 26 21st Street pathway bollard separators should be installed prior to school starting Sawtooth/Falcon stop sign relocation measurements and signs will be moved prior to August 26 Replace signs at major intersections to match Sunnyside/Ammon Road intersection have been ordered Traffic signals and Hawk signal need to have the background plates replaced with more durable background plates Horrocks has the scope of work for the Eagle/Derrald intersection and 1-way street design for Eagle/Salmon area 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon Planning and Zoning Commission September 7, 2022 Chairman Nick Torman and Commissioners: tƚƚƌ /ƚƒƒźƷƷĻĻ ƦķğƷĻ {ƷğŅŅ tƩĻƭĻƓƷźƓŭʹ Cindy Donovan Planning Director ƦķğƷĻƭʹ 1. Pool Committee is now a 501(C)3 and is a separate entity from the City of Ammon 2. Planning fund raising events had the dunking booth at Ammon Days to raise funds 3. Currently getting some general designs drawn up and approximate construction costs but no formal bids. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon Planning and Zoning Commission September 7, 2022 Chairman Nick Torman and Commissioners: Eastern Idaho Regional Sewer District (EIRSD) Updates August 4 and August 16, 2022 Staff Presenting: Cindy Donovan Planning Director Meeting Dates: 1. August 4, 2022 Official transition from Eastern Idaho Waste Water Authority (EIRWWA) to Eastern Idaho Regional Sewer District (EIRSD) Heard public comment regarding curtailment Reported on findings of study that is being conducted, requested more information and scheduled meeting for August 16. 2. August 16, 2022 Swore in the Board of Directors and obtained the Oath of Office Received information regarding ways to increase capacity within current system Received information from bond Legal Counsel regarding current bonds and judicial confirmation Outlined plan for moving forward: a) on a first come, first serve basis across the entire sewer district b) between projects owned by the same developer c) ERU may be purchased for any property that is currently at the building permit stage with the understanding that there will be an additional surcharge added after a public hearing is held in September to set the surcharge rate. d) for property that is not ready to be developed Heard public comment regarding the plan moving forward 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1