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12.19.2024 City Council Packet Ammon City Council 12.19.2024Page 1 of 41 16 Ammon City Council 12.19.2024Page 2 of 41 26 Ammon City Council 12.19.2024Page 3 of 41 36 Ammon City Council 12.19.2024Page 4 of 41 46 Ammon City Council 12.19.2024Page 5 of 41 56 Ammon City Council 12.19.2024Page 6 of 41 66 Ammon City Council 12.19.2024Page 7 of 41 1. 1. 1. 13 Ammon City Council 12.19.2024Page 8 of 41 23 Ammon City Council 12.19.2024Page 9 of 41 1. 33 Ammon City Council 12.19.2024Page 10 of 41 Ammon City Council Meeting December 19, 2024 Mayor Coletti and City Council Members: Applicant-Initiated Rezone Request Bridgewater Rezone Staff Presenting: Cindy Donovan Planning Director Recommendation: - Staff recommends approval of the rezone based on the following staff report. Compliance: - This application is in compliance with the Comprehensive Plan and City Ordinance. Criteria for Decision: - Title 10 Chapter 14 R-1 Residence Zone - Title 10 Chapter 14A R1-A Residence Zone - 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. Summary of Analysis: 1. The property is currently zoned Parks, Schools, and Churches Zone (PSC) 2. The Future Land Use Map shows the property as Low Density Residential 3. R-1 and R1-A are applicable zones in the low-density residential land use designation 4. The property was platted in 2006 as part of the recorded plat for Bridgewater Division 1. 5. Surrounding property to the north, west, and south is zoned RP-A and to the east is N 35th E (Ammon Road) and residential property in Bonneville County 6. The R-1 Zone allows a maximum density of 4.0 units per acre and no attached units 7. The R1-A Zone allows a maximum density of 4.0 units per acre and allows up to 2 attached units 8. Maximum density at 4.0 units per acre would allow up to 17 units the applicant is proposing 17 total units with 5 R-1 lots and 12 R1-A units. Specifics of the design would come with platting. 9. The Bridgewater subdivision has 35 R1-A units on 9.77 acres within Divisions 8 and 9 10. The Fox Hollow and 1st Street Community Subdivisions that connect with the Bridgwater Subdivision are primarily zoned R-1 11. Encourage infill development to ensure development is compact, economic and efficient. (2018 City of Ammon Comprehensive Plan, page 23) 12. Establish land use patterns which build on existing water and sewer facilities. (2018 City of Ammon Comprehensive Plan, page 23) 13. The property is serviced by Falls Water and Iona Bonneville Sewer District. Parcel Characteristics: - General Location: north of Greenwillow Lane, east of Red Robin Avenue, south of Lincoln Road, west of Ammon Road - Acres: 4.467 acres - Current Zoning: PSC - Proposed Zoning: R-1 and R1-A 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 12.19.2024Page 11 of 41 - 1.484 acres to R-1 and 2.983 acres to R1-A - Proposed Density: 3.8 units per acre - Approval of the rezone request from PSC to R-1 and R1-A - Presented by Jason Carlyle and Mike McCarty, Caliber Customs LLC Planning and Zoning Commission: - Public Hearing #2024-019 was held before the Commission on November 6, 2024 - Testimony: 2 people testified in favor, 2 people testified in opposition - Commission recommended approval with a unanimous vote of 8-0 - Reasoned Statement: Compliant with land use policies for infill development R1-A zoning exists within the neighborhood Harmonious with the Comprehensive Plan Planning and Zoning Commission Notice of Hearing: - Notice was published in the Post Register on October 18, 2024. - Notice was mailed to 54 property owners and 20 public entities on October 18, 2024. - Property was posted on Wednesday, October 23, 2024 - Public comment: 1 letter in favor was received Financial Impacts: - Residential unit contribution to parks - $2,318.00/detached dwelling unit and $1,086.00/attached dwelling unit (current fee resolution) - Residential unit contribution to law enforcement - $841.58/detached dwelling unit and $370.00/attached dwelling unit (current fee resolution) Motion: Approve I move to approve the Bridgewater Rezone finding it is in compliance with the Comprehensive Plan and City Ordinance. Deny I move to deny the Bridgewater Rezone finding it is not in compliance with the Comprehensive Plan and City Ordinance based upon (state the reasons for recommending denial). Continue I move to continue Bridgewater Rezone until additional information can be obtained (list specific information required). Attachments: 1. Vicinity Map 2. Exhibit of Proposed Zoning 3. Planning and Zoning Commission Public Hearing #2024-019 Reasoned Statement 4. Written Testimony 5. Title 10 Chapter 41 Parks, Schools, and Churches Zone (PSC) 6. Title 10 Chapter 14 R-1 Residence Zone 7. Title 10 Chapter 14A R1-A Residence Zone 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 12.19.2024Page 12 of 41 Vicinity Map Lincoln Road Site Location Greenwillow Ln 1st Street Ammon City Council 12.19.2024Page 13 of 41 Ammon City Council 12.19.2024Page 14 of 41 Ammon City Council 12.19.2024Page 15 of 41 October 30, 2024 Public Hearing #2024-019 Rezoning of 4.467 Acres on Greenwillow Lane Public Comment We are in favor of the rezoning of the above property to R-1, single-family detached homes, and R1-A, single-family attached home (twin homes). These homes need to be restricted so that they comply with similar restrictions that are identified in the Bridgewater Protective Covenants since this lot is connected and apart of the Bridgewater Subdivision property. The sign at the entrance of Greenwillow Lane next to where the above property is located identifies the area as the Bridgewater Subdivision. Other restrictions or comments with respect to the use of the property include the following: a. The homes should be restricted to single level homes (with or without basements). This is to respect the privacy of the neighboring homes. No two story homes!! b. Roads into the area need to meet city standards in order to support city emergency equipment and snow/trash removal access. c. Adequate water drainage from the new streets needs to be evaluated to insure that the proposed system can handle it. We appreciate that the zoning is being changed to support individual homes and thank you for your help. Respectfully: Donald and Linda Pound 3348 Sparrow Hawk Drive Ammon, Idaho 83401 208-524-0590 Layne and Dixie Heiner 3334 Sparrow Hawk Drive Ammon, Idaho 83401 801-589-3093 Ammon City Council 12.19.2024Page 16 of 41 CHAPTER 41 PSC PARKS, SCHOOLS, AND CHURCHES ZONE SECTION: 10-41-1: General Objectives and Characteristics of Zone 10-41-2: Use Requirements 10-41-3: Special Provisions 10-41-4 City Park Dedication 10-41-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The general objective of the PSC Parks, Schools, and Churches Zone is to provide the appropriate location for parks, schools, and churches so that they may be harmonious with the surrounding areas. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the PSC Parks, Schools, and Churches Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, and §10-37 District Use Matrix). 10-41-2: USE REQUIREMENTS: See 10-37-1 (A) Commercial District Uses Matrix. (A) Public and semi-public use parks shall be a permitted use and must follow the provisions as set forth in 10-7-1. (B) Public and parochial schools shall be approved by the Board of Adjustment as a conditional use and must follow the provisions as set forth in 10-7-1. Schools are subject to development agreements as outlined in 10-40. (C) Churches shall be approved by the Board of Adjustment as a conditional use and must follow the provisions as set forth in 10-7-6. Churches are subject to development agreements as outlined in 10-40. 10-41-3: SPECIAL PROVISIONS FOR SCHOOLS AND CHURCHES: (A) All buildings shall follow the setbacks of the most restrictive surrounding zone to the parcel. Public and parochial schools may be erected to any height, provided the building follows the additional height setback requirements in City Code 10-5-7. (B) A fence shall be installed at the boundary line of property located adjacent to any single- family residential zone. (C) No dust, odor, smoke, vibration, or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal movement of automobile tğŭĻ Њ ƚŅ Ќ t{/ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ œƚƓĻ wĻǝźƭĻķ ЉБΏЉЊΏЋЉЋЍ Ammon City Council 12.19.2024Page 17 of 41 traffic. (D) Landscaping shall be as set forth in section 10-5-24. (E) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. (F) Modular units shall be approved by the Board of Adjustment as a conditional use. 10-41-4: CITY PARK DEDICATION: (A) Design Review: All city park designs shall be submitted for review before submission of the preliminary plat and approved by the City Parks Director. (B) Size: Parks dedicated to the City shall not be under 5.0 acres, unless otherwise approved by the City Council. a. Park space shall be donated in one contiguous property unless otherwise approved by the City Council. (C) Equipment: a. Required for All City Parks: i. Walking path (minimum of 0.25 miles) ii. Benches iii. Drinking fountain iv. Trash cans v. Bike rack vi. Hard surface off-street parking spaces b. Amenities: Additional improvements may be required by the City on a case by case basis to ensure that dedicated park spaces are a public benefit to the City. These improvements may include: i. Playground equipment ii. Walking paths iii. Outdoor shelters with picnic tables iv. Sport court or field v. Fenced, off-leash dog area vi. Restroom facilities vii. Other recreational equipment or amenities c. Quality: All equipment shall be commercial grade (D) Paths and Trails: Connectivity shall be made whenever possible to existing or planned paths or trails. a. Pathways shall be asphalt and constructed to accessibility standards. (E) Irrigation: In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Irrigation for all parks shall comply with City Code 8-1 tğŭĻ Ћ ƚŅ Ќ t{/ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ œƚƓĻ wĻǝźƭĻķ ЉБΏЉЊΏЋЉЋЍ Ammon City Council 12.19.2024Page 18 of 41 (F) Landscaping: All parks shall be fully landscaped with grass, trees, and other landscaping items. These requirements are applicable to all parks excluding areas designated to be nature areas with natural vegetation or with zero water landscaping, as approved by the Parks Director. All landscaping items shall be drought tolerant, unless otherwise approved by the Parks Director. (G) Warranty Period: All infrastructure shall have a two (2) year warranty period. (H) Other Parks: Parks that do not meet the requirements or are not accepted by the City shall be owned and maintained by a Home Owners Association, Owners Association, or other private owner. tğŭĻ Ќ ƚŅ Ќ t{/ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ œƚƓĻ wĻǝźƭĻķ ЉБΏЉЊΏЋЉЋЍ Ammon City Council 12.19.2024Page 19 of 41 CHAPTER 14 R-1 RESIDENCE ZONE SECTION: 10-14-1: General Objectives and Characteristics of Zone 10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-1 Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width and a somewhat denser residential environment. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-1 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). Page 1 of 1 REVISED 05062021 Ammon City Council 12.19.2024Page 20 of 41 CHAPTER 14A R1-A 10-14A-1 General Objectives and Characteristics of Zone 10-14A-2: Special Provisions Regarding Single Family Attached Dwellings 10-14A-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R1-A Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R1-A Residence Zone shall be single-family dwelling units and one structure containing two (2) single-family dwelling units as ordinarily referred to as townhouses and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) dwelling units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R1-A Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). 10-14A-2: SPECIAL PROVISIONS REGARDING SINGLE FAMILY ATTACHED DWELLINGS: (A) No single-family attached dwelling shall be located above another dwelling unit, either in whole or in part. (B) Each single-family attached dwelling unit shall have at least one direct pedestrian access from the interior of the dwelling to the exterior boundaries of the lot and no pedestrian access may be held in common with another single family dwelling unit. (C) Except as noted below, a single-family attached dwelling unit shall have no facilities or property in common with another single-family attached dwelling unit and all dwellings shall be structurally and functionally independent from each other. All single-family attached dwelling units shall have separate electrical service, water service lines, and sanitary sewer service lines. Common facilities or property are allowed for the following: 1. Common party walls constructed in accordance with the International Building Code or International Residential Code as they may apply. 2. Foundations supporting attached or party walls. 3. Flashing at the termination of the roof covering over any attached walls. Page 1 of 2 REVISED 05062021 Ammon City Council 12.19.2024Page 21 of 41 4. Roofs. 5. Vehicular access to a dedicated street for off street parking facilities or detached garages. (D) No certificate of occupancy shall be issued for a single-family attached dwelling unit unless a common facility or party wall agreement or Declaration of Condominium, together with a separate legal description for each living unit has been filed with the Bonneville County Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit which shares common facilities with another unit. Such agreement shall include a legal description of the individual dwelling units sharing common facilities and shall allocate responsibility as and between the owners of such lots for the use, maintenance, and ownership of all common facilities. Page 2 of 2 REVISED 05062021 Ammon City Council 12.19.2024Page 22 of 41 PROCEDURES PROCEDURE TO ADOPT AN ORDINANCE Ordinance No. 728 introduced and read by title. AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 AND R1-A FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location: Bridgewater Division 1, Block 2, Lot 1, addressed 3445 East Greenwillow Lane) Councilperson moves: the rule requiring the reading of the ordinance on three Councilperson seconds: Roll call vote on motion. Ordinance again read by title. AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 AND R1-A FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location: Bridgewater Division 1, Block 2, Lot 1, addressed 3445 East Greenwillow Lane) Councilperson moves: 728 and summary as an ordinance of the City of Ammon on Councilperson seconds: Roll call vote. Ammon City Council 12.19.2024Page 23 of 41 CITY OF AMMON ORDINANCE NO. 728 . AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 AND R1-A FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location: Bridgewater Division 1, Block 2, Lot 1, addressed 3445 East Greenwillow Lane) BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: WHEREAS, certain lands and properties within the City of Ammon have been petitioned for a change of zoning and zoning classification; and, WHEREAS, the City of Ammon Planning and Zoning Commission has duly held a hearing upon the application for change of zone and has given notice as required by law of the hearings thereon; and WHEREAS, the City Council of the City of Ammon has determined that it is not necessary to hold a hearing before the City Council on the application for the change of zones, NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the City of Ammon: Section 1. a. A petition for change of zone from PSC to R-1 and R1-A, relating to certain property located within Ammon, Bonneville County, Idaho and more particularly described hereafter was properly brought. b. That Public Hearing (#2024-019) was held before the Planning and Zoning Commission of the City of Ammon and recommendations were received from the Planning and Zoning Commission c. That the hearing followed proper legal requirements for advertisement of the hearings. d. That the proposed zoning classification of R-1 Residence Zone and R1-A hƩķźƓğƓĭĻ ϔАЋБ .ƩźķŭĻǞğƷĻƩ 5źǝźƭźƚƓ ЊͲ .ƌƚĭƉ Ћ \[ƚƷ Њ wĻǩƚƓĻ tğŭĻ Њ ƚŅ Ѝ Ammon City Council 12.19.2024Page 24 of 41 Residence Zone shall be compatible with the Comprehensive Plan. Section 2. That the City Council does hereby amend the zoning map and the zoning classification to RE for the following described property: LEGAL DESCRIPTIONS ZONE R-1A 65.00 feet from the East Quarter Corner of Section 15, Township 2 North, Range 38 East Boise Meridian to the true point of beginning; running Thence South 00° 02' 56" East 232.00 feet; Thence, South 89° 57' 04" West 348.91 feet; Thence South 00° 00' 36" West 92.23 feet; thence South 89° 57' 04" West 151.00 feet; Thence North 00° 02' 56" West 324.23 feet; Thence North 89° 57' 04" East 500.00 feet to the true point of beginning. Total Acres 2.983. ZONE R-1 65.00 feet and South 00° 02' 56" East 232.00 from the East Quarter Corner of Section 15, Township 2 North, Range 38 East Boise Meridian to t South 44° 57' 04" West 7.07 feet; Thence South 89° 57' 04" West 160.39 feet to a point of curvature; Westerly 256.18 feet along a 500 foot curve to the left through a delt a 440 foot radius curve to the right through a delta angle of 09° 05' 48(note: long chord bears South 65° 08' 39" West 69.78 feet; Thence North 00° 02' 56" West 147.19 feet; Thence North 89° 57' 04" East 151.00 feet; Thence North 00° 00' 36" East 92.23 feet; thence North 89° 57' 04" East 348.91 feet to the point of beginning. Total Acres 1.484 Total Combined Legals 4.467 acres Section 3. That the City Council does hereby amend the zoning map and the zoning classification for the property as described above. Section 4. This ordinance shall become effective upon its passage by the City Council, approval by the Mayor and due publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 19th day of December, 2024. ________________________________ Sean Coletti, Mayor ATTEST: City of Ammon ______________________________ Kristina Buchan, City Clerk City of Ammon hƩķźƓğƓĭĻ ϔАЋБ .ƩźķŭĻǞğƷĻƩ 5źǝźƭźƚƓ ЊͲ .ƌƚĭƉ Ћ \[ƚƷ Њ wĻǩƚƓĻ tğŭĻ Ћ ƚŅ Ѝ Ammon City Council 12.19.2024Page 25 of 41 STATE OF IDAHO ) ) ss. County of Bonneville ) I, KRISTINA BUCHAN, CITY CLERK OF THE CITY OF AMMON, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 AND R1-A FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location: Bridgewater Division 1, Block 2, Lot 1, addressed 3445 East Greenwillow Lane) Dated this 19th day of December, 2024. ____________________________________ Kristina Buchan, City Clerk hƩķźƓğƓĭĻ ϔАЋБ .ƩźķŭĻǞğƷĻƩ 5źǝźƭźƚƓ ЊͲ .ƌƚĭƉ Ћ \[ƚƷ Њ wĻǩƚƓĻ tğŭĻ Ќ ƚŅ Ѝ Ammon City Council 12.19.2024Page 26 of 41 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: 728 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF R-1 AND R1-A FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Property location: Bridgewater Division 1, Block 2, Lot 1, addressed 3445 East Greenwillow Lane) 2135 S. Ammon Road, Ammon, Idaho. ATTEST: CITY OF AMMON _______________________ ________________________ Kristina Buchan, City Clerk Sean Coletti, Mayor I have reviewed the foregoing summary and I believe that it provides a true and complete summary of Ordinance #728 and the summary provides adequate notice to the public of the contents of this ordinance. DATED this 19th day of December, 2024. __________________________ Scott Hall, City Attorney hƩķźƓğƓĭĻ ϔАЋБ .ƩźķŭĻǞğƷĻƩ 5źǝźƭźƚƓ ЊͲ .ƌƚĭƉ Ћ \[ƚƷ Њ wĻǩƚƓĻ tğŭĻ Ѝ ƚŅ Ѝ Ammon City Council 12.19.2024Page 27 of 41 ) IN RE: ) AMMON CITY COUNCIL ) CALIBER CUSTOMS ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION BRIDGEWATER PROPERTY ) REZONE ) DECEMBER 19, 2024 ) APPLICANT: CALIBER CUSTOMS OWNER: MICHAEL McCARTY PROJECT: BRIDGEWATER PROPERTY REZONE APPLICANT REQUEST: Request to rezone 4.467 acres from PSC Parks, Schools, and Churches to R-1 Residence Zone (1.484 acres) and R1-A Residence Zone (2.983 acres) LOCATION: Bridgewater Division 1, Block 2, Lot 1, 3445 East Greenwillow Lane EXISTING ZONING: PSC Parks, Schools, and Churches SURROUNDING ZONE: City of Ammon RP-A, Bonneville County single-family residential SURROUNDING USE: Single-Family Residential PARCEL SIZE: 4.467 acres total SECTION 1: BACKGROUND FACTS Summary of Application - Request to rezone 4.467 acres from PSC Parks, Schools, and Churches to R-1 Residence Zone (1.484 acres) and R1-A Residence Zone (2.983 acres) - Request to construct single-family detached homes (R-1) and single-family attached homes (R1- A) Noticing - Planning and Zoning Commission - On October 18, 2024 notice of the Planning and Zoning Commission public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. - On October 18, 2024 notice of the Planning and Zoning Commission public hearing was mailed to 20 public entities and adjoining property owners within 300 feet. Planning and Zoning Commission Findings - Public Hearing #2024-019 was held before the Commission on November 6, 2024. - Findings: - Compliant with land use policies for infill development - R1-A zoning exists within the neighborhood - Harmonious with the Comprehensive Plan SECTION 2: FINDINGS OF FACT 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 12.19.2024Page 28 of 41 Based upon the application, the findings of the Planning and Zoning Commission, the record and testimony presented, and the following additional findings of the City Council: Request is consistent with the Comprehensive Plan Future Land Use Map Request is consistent with the Comprehensive Plan Request is consistent with City Code The Ammon City Council therefore finds as follows: 1. The City Council finds the request from Caliber Customs for the project known as the Bridgewater Property Rezone to be in general compliance with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2. The City Council finds the request from Caliber Customs for the project known as the Bridgewater Property Rezone to be in compliance with the zoning ordinance and protects and improves the public health, safety and welfare. These findings are summarized in Table 2 (below). 3. If applicable: The City Council finds the request from Caliber Customs for the project known as the Bridgewater Property Rezone to be in compliance with the Subdivision Ordinance. 4. The City Council finds the request from Caliber Customs for the project known as the Bridgewater Property Rezone will not have a negative fiscal impact upon the existing citizens of the City of Ammon. TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan The application complies with the following applicable sections of the Comprehensive Plan: General Compliance - Chapter 10 Land Use: Policies and Strategies, page 23 Item 9. Encourage infill development to ensure development is compact, economic and efficient. - Chapter 10 Land Use: Policies and Strategies, page 23 Item 10. Establish land use patterns which build on existing water and sewer facilities. TABLE 2 Summary of General Compliance with Title 10, Planning and Zoning The application complies with the following applicable sections of Title 10: Chapter 4 Amendments 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. General Compliance It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. Chapter 14 R-1 Residence Zone 10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-1 Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width and a somewhat denser residential environment. Also characteristic of this zone are 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 12.19.2024Page 29 of 41 residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-1 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). Chapter 14A R1-A Residence Zone 10-14A-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R1-A Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R1-A Residence Zone shall be single-family dwelling units and one structure containing two (2) single-family dwelling units as ordinarily referred to as townhouses and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) dwelling units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R1-A Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). SECTION 3: CONCLUSION OF LAW 1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3. If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. Code. 5. The City of Ammon has provided adequate notice for the review of this application. 6. The project meets the standards of approval under Title 10, Chapter 4, Amendments, Title 10, Chapter 14, R-1 Residence Zone, Chapter 14A, R1-A Residence Zone, and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council approves the Bridgewater Property Rezone subject to the following conditions: 1. Development shall be subject to a Standard Development Agreement to be negotiated between the Developer and the City. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 12.19.2024Page 30 of 41 THEREFORE, the Ammon City Council approves the Bridgewater Property Rezone subject to conditions, if any, in Section 4 of this approval and all city, county, state, and federal laws. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 19th day of December, 2024. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 Ammon City Council 12.19.2024Page 31 of 41 NOTICE OF APPLICABLE RIGHTS Applicants have a right to request a regulatory taking analysis of this decision pursuant to Idaho Code §67-8003. Further, per Idaho Code §67-6535, and in accordance with Idaho Rule of Civil Procedure 84, an applicant or an affected person has the right to seek review of this decision. CERTIFICATE OF SERVICE I hereby certify that on this 20th day of December, 2024, I served a true and correct copy of the foregoing document upon the following: Applicant Caliber Customs \[x\] Mailing ATTN: Michael McCarty \[x\] E-Mail: office@calibercustoms.com 2295 N Yellowstone Hwy. Suite 1 Idaho Falls, ID 83401 Applicant Jason Carlyle \[x\] Mailing 3744 E 20th N \[x\] E-Mail: JasonCarlyle47@gmail.com Idaho Falls, ID 83401 _____________________________________________ City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 5 Ammon City Council 12.19.2024Page 32 of 41 Ammon City Council 12.19.2024Page 33 of 41 IDAHO GOVERNOR’S OFFICE OF ENERGY & MINERAL RESOURCES th BRAD LITTLE 304 N. 8 Street, Suite 250 Governor P.O. Box 83720 Boise, Idaho 83720-0199 RICHARD STOVER (208) 332-1660 Administrator FAX (208) 332-1661 NOTICE TO PROCEED November 7, 2024 City of Ammon Micah Austin, Grant Award Administrator 2135 S. Ammon Rd. Ammon, ID 83406 Re: Subrecipient: City of Ammon Project: Replace 200 aging city-streetlights with energy efficient LED fixtures Total Amount of Subaward: $100,000.00 Total Cost-Share Amount: N/A Total Amount of Project: $100,000.00 Subaward Agreement: 2024-EECBG-002 Mr. Austin, The Idaho Governor’s Office of Energy & Mineral Resources (OEMR) has reviewed and approved the Subrecipient’s project budget and schedule. Accordingly, this letter serves as written confirmation to proceed with the project referenced above (the “Project”) in accordance with the terms and conditions set forth in Subaward Agreement 2024-EECBG-002. The City of Ammon may proceed with the Project based on the information provided by the city to OEMR, as summarized in the checklist on page 3 of this notice and Attachment A (enclosed). By proceeding with the project, the City of Ammon confirms the checklist and the attachment are true to the best of its knowledge. Should any information related to items in the checklist or the attachment change, the city must notify OEMR promptly. Any revisions to the project budget (Attachment A) or completion date (September 30, 2025), must be approved in writing by OEMR. Ammon City Council 12.19.2024Page 34 of 41 Idaho Governors Office of Energy and Mineral Resources EECBG Notice to Proceed-City of Ammon Please acknowledge receipt of this letter by signing below and returning to OEMR as soon as possible. If you have any questions or concerns, please do not hesitate to contact Alexa Bouvier at (208) 332-1675 or at alexa.bouvier@oer.idaho.gov. Sincerely, Richard Stover Administrator Idaho Governor’s Office of Energy & Mineral Resources Acknowledged and Agreed CITY OF AMMON By: Name: Its: 2 Ammon City Council 12.19.2024Page 35 of 41 Idaho Governors Office of Energy and Mineral Resources EECBG Notice to Proceed-City of Ammon Project Checklist | Updated: 10/30/2024 Awardee: City of Ammon Proposed Project: Replace aging city-owned streetlights with energy efficient LED fixtures. Total Amount of Subaward: $100,000.00 Additional Funding: N/A Total Amount of Project: $100,000.00 Introduction Meeting Date: 04/25/2024 X Task Notes Contact Information X Grant Award Administrator Name: Micah Austin Email/Phone: maustin@cityofammon.us X Financial Manager Name: Micah Austin Email/Phone: maustin@cityofammon.us Project Eligibility X NEPA Bounded Category 5 X National Historic N/A: Confirmed on the introduction call that no ground Preservation Act Compliance disturbance will occur. Just lightbulbs and fixtures. Existing light poles will remain. Before Photographs By proceeding with the project, the Subrecipient agrees to submit before photos of the areas of where the light fixtures will be replaced prior to construction. X Build America Buy America Received approval from DOE on 9/12/2024 to apply the Compliance Small Grants Build America Buy America Waiver as the total project cost is under the Simplified Acquisition Threshold of $250,000. Subrecipient will not combine its EECBG award with any other Federal financial assistance. As a reminder, if Federal financial assistance provided by DOE is combined with any other financial assistance and the total project amount exceeds the Simplified Acquisition Threshold ($250,000), then the waiver shall not apply. Product Description By proceeding with the project, the Subrecipient agrees to provide productdescriptionfor all products purchased for the product prior to construction. X Budget Approved budget attached (Attachment A). Any revisions to the attached budget must be approved by OEMR in writing. By proceeding with the project, the Subrecipient ensures all costs are allowable and allocable per 2 CFR 200. X Cost-Match Commitment N/A Letter 3 Ammon City Council 12.19.2024Page 36 of 41 Idaho Governors Office of Energy and Mineral Resources EECBG Notice to Proceed-City of Ammon Procurement Process By proceeding with this project, Subrecipient ensures they have reviewed and are in compliance with local and state procurement requirements (including Idaho Code Title 67 Chapter 28), and federal (including 2 CFR 200.320) procurement. X Timeline Subrecipient confirms completion date is September 30, 2025. Any revisions to the completion date must be approved by OEMR in writing. Davis Bacon Compliance X DBA applicability DBA applicability discussed during Introduction Call on 4/25/2024. X Confirm Wage Determination During Intro Call we discussed whether this project would fall under “Highway” or “Heavy”. Memorandum 130 provides more detail as to which type of projects fall under each category. Both OEMR and City of Ammon to review and agree before solicitation for bids is drafted. Complete LCPtracker Project By proceeding with the project, the Subrecipientagrees to Information form. provide OEMR with Bid Advertisement Date, Estimated Start Date and Grant Administrator Contact when finalized to initiate LCPTracker onboarding prior to starting construction. Complete LPCtracker Pro By proceeding with the project, the Subrecipient agrees that Live: Payroll Entry Training they, along with any contractors and subcontractors, will complete the necessary LCPtracker training prior to starting construction. Monitoring/Reporting OEMR to develop monitoring Subrecipient will notify OEMR of any changes of plan for City of Ammon information included in this checklist and attachments. Subrecipient will submit quarterly programmatic reports until the project is complete. Subrecipient will submit the Completion Report within 30 days from the project completion date. 4 Ammon City Council 12.19.2024Page 37 of 41 Ammon City Council 12.19.2024Page 38 of 41 Ammon City Council 12.19.2024Page 39 of 41 Ammon City Council 12.19.2024Page 40 of 41 Ammon City Council 12.19.2024Page 41 of 41