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PZ Packet 07012020 REV Individuals needing accommodation due to disability must contact City Hall no later than 1:00 P.M. the day before the scheduled meeting to arrange assistance. CITY OF AMMON 2135 SOUTH AMMON ROAD PLANNING AND ZONING COMMISSION MEETING WEDNESDAY, JULY 1, 2020 – 7:00 P.M. AGENDA DUE TO COVID-19 RESTRICTIONS THIS MEETING WILL ALSO BE HELD VIA ZOOM TELECONFERENCING. PLEASE JOIN THE MEETING BY USING THE INFORMATION BELOW. https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 MEETING ID: 208 612 4000 PASSWORD: 26666 THERE WILL BE LIMITED SEATING IN THE CITY BUILDING, MASKS ARE REQUIRED, TEMPERATURES MAY BE TAKEN AT THE DOOR. CALL TO ORDER: Chairman Patrick Malone Pledge of Allegiance: Nick Torman MINUTES: June 3, 2020 PUBLIC HEARINGS: 1. 2020-006 – Rocking R Annexation continued from May 6, 2020 2. 2020-018 – Comprehensive Plan Land Use Map amendment continued from June 3, 2020 ACTION ITEMS: 1. Action on Rocking R Annexation – continued from May 6, 2020 2. 2020-006 Recommendation for additional public hearing 3. 2020-006 Adoption of Reasoned Statement 4. Action on Comprehensive Plan Land Use Map Amendment continued from June 3, 2020 5. 2020-018 Recommendation for additional public hearing 6. 2020-018 Adoption of Reasoned Statement DISCUSSION ITEMS: Accessory Buildings/Dwelling Units setbacks/sizes REPORTS: City Council – Cindy Donovan City of Idaho Falls – Cindy Donovan Street Projects – Cindy Donovan Bonneville County – Tom Hunsaker Parks, Recreation and Trails Commission – Cindy Donovan CALL FOR ADJOURNMENT: Planning and Zoning Minutes 06.03.2020 Page 1 of 3 CITY OF AMMON 2135 SOUTH AMMON ROAD PLANNING AND ZONING COMMISSION MEETING WEDNESDAY, JUNE 3, 2020 – 7:00 P.M. AGENDA DUE TO COVID-19 OUTBREAK THIS MEETING WILL BE HELD VIA ZOOM TELECONFERENCING. PLEASE JOIN THE MEETING BY USING THE INFORMATION BELOW. https://us02web.zoom.us/j/2086124000?pwd=d1NFL1QvM0NPRmV3VTRsYmNrbitUZz09 MEETING ID: 208 612 4000 PASSWORD: 26666 THERE WILL BE LIMITED SEATING IN THE CITY BUILDING. Agenda: CALL TO ORDER: Chairman Patrick Malone Pledge of Allegiance: Debra Clapp MINUTES: May 6, 2020 PUBLIC HEARINGS: 1. 2020-017 – Commercial Zone Revision to District Use Matrix 2. 2020-018 – Comprehensive Plan Land Use Map Amendment 3. 2020-019 – Groberg Property Rezone from CC-1 to R3-A PULLED BY APPLICANT ACTION ITEMS: 1. Action on Commercial Zone Revision to District Use Matrix 2. 2020-017 Recommendation for additional public hearing 3. 2020-017 Adoption of Reasoned Statement 4. Action on Comprehensive Land Use Map Amendment 5. 2020-018 Recommendation for additional public hearing 6. 2020-018 Adoption of Reasoned Statement 7. Action on Groberg Property Rezone PULLED BY APPLICANT 8. 2020-019 Recommendation for additional public hearing PULLED BY APPLICANT 9. 2020-019 Adoption of Reasoned Statement PULLED BY APPLICANT 10. Action on Rocking R Annexation – PUBLIC HEARING CONTINUED TO JULY 1, 2020 11. 2020-006 Recommendation for additional public hearing – CONTINUED TO JULY 1, 2020 12. 2020-006 Adoption of Reasoned Statement - CONTINUED TO JULY 1, 2020 DISCUSSION ITEMS: Circular driveways REPORTS: City Council – Cindy Donovan City of Idaho Falls – Cindy Donovan Street Projects – Cindy Donovan Bonneville County – Tom Hunsaker Parks, Recreation and Trails Commission – Sarah Jones CALL FOR ADJOURNMENT: MINUTES Commission Members Present: Chairman Patrick Malone Vice Chairman Nick Torman Commissioner Sarah Jones Commissioner Steve Taylor Commissioner Jay Danielson Commissioner Bond Eslinger Commissioner Robert Taylor Commissioner Josh Rydalch City Staff Present: City Administrator Micah Austin City Planner Cindy Donovan Administrative Assistant Shari Ockerman Planning and Zoning Minutes 06.03.2020 Page 2 of 3 Commission Members Absent: Commissioner Debra Clapp CALL TO ORDER: Due to COVID-19 this meeting is being held remotely via Zoom Meeting. The meeting ID number is 612-4000 password 26666. Chairman Malone opened the meeting at 7:00 p.m. Chairman Jones led the Pledge of Allegiance. MINUTES: May 6, 2020 Commissioner Eslinger moved to approve the May 6, 2020 minutes. Commissioner Robert Taylor seconded. All in favor – the motion passed. PUBLIC HEARINGS: Chairman Malone explained the public hearing process and how to testify via Zoom Teleconferencing and opened Public Hearing 2020-017. 1. 2020-017 – Commercial Zone Revision to District Use Matrix: Donovan provide the following information: Recommendation - Staff recommends: Approval Summary of Analysis - Title 10 Chapter 37-1(A) to allow storage units in ONLY the M-1, I&M-1, I&M-2 zones Notice - Mailed notices were sent to the required public entities on May 14, 2020 - Notice was published in the Post Register on May 14, 2020 - Posting of a sign was not required Tom Hunsaker, 2925 Carolyn Lane (written statement read by Donovan), storage area sites can be difficult to redevelop. The manufacturing zone is fine for RV storage, but not convenient and secure for storing personal household items. The current storage units are appropriately located. Austin stated storage units create the lowest number of jobs per acre. The revision will make sure the City uses prime development property for its best use to create jobs and promote economic development. The placement of storage units in manufacturing zones is a common practice among other cities. There was no additional public testimony. Chairman Malone closed the public hearing and opened the Commission’s discussion. Discussion ensued regarding the current demand for storage units, and if the revision would discourage storage units being built in the City. 2. 2020-018 – Comprehensive Plan Land Use Map Amendment: Chairman Malone opened Public hearing 2020-018. Donovan provided the following information. Recommendation - Staff recommends: approval Summary of Analysis - Amend Comprehensive Plan Land Use Map to better demonstrate projected uses - Amend impact area to coordinate zones and to better demonstrate projected uses - Allow for commercial and higher density residential near arterials Notice - Published in the Post Register on Thursday, May 14, 2020 - Mailed letters to 18 public entities on Thursday, May 14, 2020 - No sign posting required - Public comment: No written testimony received There was not any verbal public testimony. Chairman Malone closed the public hearing and opened the Commission’s discussion. The Commission discussed the pro and cons of tabling the amendment until the public hearing continued from the May meeting regarding the Rocky R annexation is closed since this location is one of the sites affected by the amendment. Donovan noted the Commission has been working on the map changes since July of 2019. 3. 2020-019 – Groberg Property Rezone from CC-1 to R3-A PULLED BY APPLICANT ACTION ITEMS: Planning and Zoning Minutes 06.03.2020 Page 3 of 3 1. Action on Commercial Zone Revision to District Use Matrix: Commissioner Jones moved to recommend to City Council approval of the amendment to Title 10 Chapter 37-1(A) finding it meets state standards for approval, has been noticed properly, is in accordance with the Comprehensive Plan and meets the City’s future needs. Commissioner Danielson seconded. All in favor – the motion passed. 2. 2020-017 Recommendation for additional public hearing – Commissioner Jones moved an additional hearing is not needed on 2020-17. Commissioner Danielson seconded. Roll Call Vote: Commissioner Jones – Yes, Commissioner Danielson – Yes, Commissioner Eslinger – Yes, Commissioner Malone – Yes, Commissioner Torman – Yes, Commissioner Rydalch – Yes, Commissioner Robert Taylor – Yes and Commissioner Steve Taylor – Yes. The motion passed. 3. 2020-017 Adoption of Reasoned Statement – Commissioner Eslinger moved to adopt the Reasoned Statement for 2020-017. Commissioner Rydalch seconded. All in favor – the motion passed. Findings for Recommendation: Fits with the comprehensive use plan. Preserves prime development property for its best use. Storage units limit redevelopment and job growth. The commission recognizes there is limited I & M zoning. It is standard practice in most cities. 4. Action on Comprehensive Land Use Map Amendment: Commissioner Danielson moved to continue the Comprehensive Plan Land Use Map amendment until further details can be attained. Commissioner Steve Taylor seconded. All in favor – the motion passed. 5. 2020-018 Recommendation for additional public hearing - continued 6. 2020-018 Adoption of Reasoned Statement - continued 7. Action on Groberg Property Rezone PULLED BY APPLICANT 8. 2020-019 Recommendation for additional public hearing PULLED BY APPLICANT 9. 2020-019 Adoption of Reasoned Statement PULLED BY APPLICANT 10. Action on Rocking R Annexation – PUBLIC HEARING CONTINUED TO JULY 1, 2020 11. 2020-006 Recommendation for additional public hearing – CONTINUED TO JULY 1, 2020 12. 2020-006 Adoption of Reasoned Statement - CONTINUED TO JULY 1, 2020 DISCUSSION ITEMS: Austin explained the request for circular driveways would be approved or denied by City staff. The applicant may appeal the decision with the City Council. The request will no longer come before the Commission. The current BMPO standard does not allow circular driveways. The Commission felt the driveways could be allowed on a case by case basis if the driveway will not be on an arterial road, and located in a large lot neighborhood. The homeowner needs to be aware the City will only provide snow removal for one property access. REPORTS: City Council –Donovan reported on the May 7th, 14th, and 21st Council meetings. City of Idaho Falls – Donovan shared points of interest from the meeting that did not affect the City of Ammon impact area. Street Projects –Donovan said “no parking” signs will be placed on Derrald Avenue, Eagle Avenue and north of 1st street on Church Street by the Berean Baptist Church. Bonneville County – Tom Hunsaker is attending the meeting tonight. There are two items on the agenda that would impact Ammon. The first item, in the Ammon impact area, is the Suburban Acres development which will be required to connect to Ammon’s sewer and the second item, is just outside the Ammon impact area, is a request for a gravel pit south of 65th South (York Road). Donovan submitted a letter requesting the site be zoned light commercial or residential. Parks, Recreation and Trails Commission –Jones said it is great news the walking path on 21st Street is moving forward. She is resigning from the trails commission due to family commitments. CALL FOR ADJOURNMENT: The meeting adjourned at 8:54 p.m. ____________________________ Patrick Malone, Chairman ________________________________ Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Planning and Zoning Meeting: July 1, 2020 continued from May 6, 2020 Chairman Malone and Commissioners: Rocking R Annexation: 20.46 acres with initial zoning of HC-1 and R-1 Staff Presenting: Cindy Donovan, City Planner Recommendation - Staff recommends: approval Summary of Analysis - Parcel is currently used for residential/agriculture in Bonneville County - Request is for HC-1, Highway commercial and R-1, single-family detached residential - At the time of application, no preliminary or final plat has been received - Comprehensive plan land use map currently shows the parcel as low density residential and light commercial. Parcel Characteristics - Requested initial zoning: Highway Commercial (HC-1) and Medium Density Residential (R-1) - Total acreage: 20.46 acres; HC-1 = 2.56 acres. R-1 = 17.90 acres - Property is located north of Sunnyside Road, east of 45th East (Crowley Road), south of Majestic View Drive, west of Rancho Via Drive Applicant’s Request - Request being presented by McKay Harper, Engineer, and Doyle Robertson, Applicant - Annexation of 20.46 acres with an initial zoning of HC-1 (2.56 acres) and R-1 (17.90 acres) Notice - Letters were mailed out to 34 property owners and 18 public entities on February 28, 2020 and March 6, 2020 - Published in the Post Register on February 28, 2020 and March 6, 2020 - Property was posted on February 28, 2020, March 19, 2020, and June 23,2020 - Public comment: Received 8 letters from residents, 1 letter signed by 27 households, 3 of the households also sent individual testimony Public Hearing Testimony from May 6, 2020 - Hearing was held via the zoom tele-conferencing platform - Powerpoint presentation by Stephanie Gifford attached - Powerpoint presentation by Stephanie Affleck was not received but was presented - Minutes that summarize testimony from May 6 are attached 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Compliance with Zoning Ordinance - 10-21-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway Commercial Zone has been established as a district in which the primary use of the land is for retail stores and service establishments to serve the traveling public. This zone is usually located at specific locations along arterial roadways throughout the City, and is characterized by buildings set back from the right-of-way line and having a wide variety of architectural forms and shapes. - 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 falls under the medium density designation and does not allow density that will exceed 4 living units per acre. Comprehensive Plan Analysis SUPPORTING SECTION SUMMARY OF COMPLIANCE OF PROPOSED ANNEXATION WITH THE 2018 COMPREHENSIVE PLAN Amendment Process Chapter 6 This Comprehensive Plan is based on projections, assumptions and predictions about future conditions. There is some level of uncertainty associated with each of these and future conditions may deviate from the expectations used to develop this Comprehensive Plan. The City should review and amend this plan to meet actual conditions in the future. The procedure for amending the plan is controlled by the Land Use Planning Act section 67-6509 which provides requirements for the Planning and Zoning Commission and the governing board for amendment to the plan. Additionally, Ammon Code provides for timelines and requirements to be considered in Title 10, Chapter 4. Section 10-4-3 requires that an “amendment is reasonably necessary, is in the interest of the public and is in harmony with the Land Use Plan adopted ty the City Council.” Land Use Chapter 10 This section of the Comprehensive Plan lays out the policies to be used in Ammon’s future land use decisions. This section also contains the future land use map. The future land use map is a graphic representation of the policies within this chapter. The map is created by using the policies, existing land use patterns, proposed transportation systems, natural features such as the foothills and flood hazard areas/floodplains, population projections, and the ideas and opinions contributed during the citizen participation process. The comprehensive land use map can be found at www.cityofammon.us. Since the future land use map is a generalized representation of the following policies, the policies are controlling. The policies outlined in this chapter are to be consulted and used when staff, the Planning and Zoning Commission and the City Council are reviewing: • Requests for zoning changes, • Requests for annexations and initial zoning, 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 • Plans and expenditures for expansion of major infrastructure such as water and sewer trunk lines and transportation facilities which encourage growth, • Plans for new major infrastructure such as parks, schools, and fire stations which will channel growth to certain locations, and • Requests or investments in major public buildings such as city halls, libraries, recreation centers or city center facilities. Ammon’s land use goal should be to foster a community which continues to recognize and respect its rural roots yet provides a variety of housing types and styles for its residents; encourages shopping opportunities for the region, community, and neighborhood; continues to support and enhance the infrastructure necessary to work and live successfully in the 21st Century; works to attract tech and professional businesses to the community; uses its natural features for open space and recreation; and through a public/private partnership, builds a city center or gathering place which provides a walkable environment of mixed-uses including community event space, small shops, public buildings, and mixed housing types housing and offices. Policies Based on Existing Land Use Patterns Chapter 10 The land use policies and, therefore, future land use map reflect these existing patterns in land use in Ammon: Page 21, Item 1 - In limited and newer locations, high density residential uses buffer medium residential uses from commercial uses Page 21, Item 2 - Community and neighborhood commercial uses have been channeled to the intersections of major or minor arterial streets. Page 22, Item 7 - Development on the foothills is generally proposed to be lower density; therefore, residential densities generally decrease further from regional commercial land uses and 25th East. Densities decrease as one travels farther from commercial land uses. Land Use Policies and Strategies Chapter 10 Page 22, Item 5 - Protect the public investment in major transportation corridors through land use decisions which discourage strip commercial development; discourage mid-block commercial uses except on designated arterial roadways; require, when necessary due to anticipated traffic demand, traffic studies and related improvements; control highway access; and use landscaping to beautify as well as control traffic movement. Page 22, Item 6 - Recognize the benefits of different residential street layouts and encourage the use of the one which is most beneficial to the public in the proposed location. Grid layouts disperse local traffic, enhance walkability, and connect neighborhoods. Circular street layouts reduce costs for construction and maintenance, reduce the amount of impermeable cover, discourage through traffic, and encourage layouts which protect sensitive lands. Cul-de-sacs share the benefits of circular street layouts but should be used only when staff, Planning and Zoning and the City Council 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 agree it to be in the best interest of the residents. Cul-de-sacs, while providing benefits, also provide significant issues when considering parking and snow removal. Page 23, Item 9 - Establish land use patterns which build on existing water and sewer facilities. Page 24, Item 14 - Locate commercial and higher density residential uses at or near intersections of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. Page 25, Item 16 - Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. Medium Density Residential Chapter 10 1. The maximum density is four units per acre. 2. Medium density is envisioned to consist of single-family detached homes on smaller lots as well as single-family attached twin-homes. Often homes built at such densities will be a buffer between residential developments of higher densities and single-family homes on large lots or will be located on entrance ways to residential subdivisions. Annexation Procedures for property over 10 acres Title 11 - Annexation Procedures Compliant Standards and Staff Comments Yes No N/A Guideline City Standards and Staff Comments ☒ ☐ ☐ 11-1-1 Title This title of the Ammon Code shall be and may be known as “The Annexation Ordinance of Ammon, Idaho,” and may be so cited and pleaded. ☒ ☐ ☐ 11-1-2 Purpose: The City of Ammon finds that that the establishment of annexation procedures will promote uniformity and certainty in annexation applications and that the establishment of annexation procedures will promote the public health, safety and general welfare. This ordinance is intended to encourage collaboration between property owners and city officials when considering any application for an annexation request in order to arrive at the most sustainable outcome for the community. Unless there are compelling reasons which the City Administrator and Planning and Zoning Administrator give written waiver, the applicant shall submit plans and applicable studies for all components of the proposed annexation. The annexation process, as described and required by this ordinance is collaborative. Staff comments: Staff recommends waiving he water study and the wastewater study, this property was included in studies previously done with other developments. Pressurized irrigation will be required for landscape watering, which will allow for decreased water usage by the residences. Staff recommends these studies may be required in the Annexation Agreement. Staff recommends the Level 1 environmental study be waived, this property has historically been used as farmland with no presence of hazardous materials. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 5 ☒ ☐ ☐ 11-1-3 Applicability Any request for an annexation shall be controlled by the provisions of this Title. To the extent the procedures of this Title conflict with the procedures of Idaho Code §50-222 and other applicable state statutes, the provisions of state law shall control. Staff comments: Is in accordance with the provisions of this title and Idaho Code. ☒ ☐ ☐ 11-1-4 Application Process and Fees An application for an annexation of real property into the City of Ammon shall be filed with the Ammon Planning and Zoning Administrator (“Administrator”) by the owner of the real property or by at least one holder of an interest in real property for which the annexation is proposed. The applicant shall pay the non-refundable application fee for the proposed annexation, as established by resolution of the City Council, at the time of the filing of the annexation application. In the event an application for annexation is approved and an annexation ordinance is adopted, the applicant will be required to pay for all costs associated with the filing of the annexation ordinance and the preparation of the legal description and a map prepared in a draftsman-like manner that designates the boundaries of annexed property to be recorded with the county recorder pursuant to state law. Staff comments: An application has been provided and fees have been paid ☒ ☐ ☐ 11-1-5 Concurrent Zoning Classification The City shall concurrently with the application for annexation consider an application for a zoning classification consistent with the requirements (including notice provisions) and standards of the Official City Code of the City of Ammon. The City shall not consider any other application by the applicant on the subject property under the City’s ordinances unless and until the application for annexation has been approved and an annexation ordinance has been adopted and published in accordance with state law. Staff comments: The zones of Highway Commercial (HC-1) and Residential (R-1) have been requested. ☐ ☐ ☐ 11-1-6 Submittal Requirements for Annexation greater than Ten (10) acres For annexations involving more than ten (10) or more acres of real property, the application shall include the following: A. Application fees established by resolution. B. A statement of the size of the property in square footage and acres. C. A description of the proposed project, including the approximate: 1. Number and size of proposed lots 2. Length and location of the proposed water and sewer mains 3. Length and location of proposed streets and alleys 4. Length and location of the proposed sidewalks. 5. Acreage and location of any parks, trails, and/or open spaces. D. A schematic design of the entire project showing the proposed uses, density, streets, alleys, easements, and proposed size and location of open spaces and parks. E. A statement describing how the proposed project complies with specific goals and policies of the Ammon Comprehensive Plan. F. A statement describing how the proposed project is compatible with adjacent neighborhoods within the City of Ammon. G. A statement describing how the applicable natural resources (e.g., water courses, springs, streams, wildlife, wildlife migration corridors, and access to public lands) and natural hazards (e.g., avalanche, floodplains and floodways) are incorporated into proposed project and/or mitigated. H. A statement describing what contributions and/or dedications the applicant is willing to make as part of the proposed annexation. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 6 I. A detailed description of how the annexation will impact the existing municipal infrastructure and services (e.g., water, sewer, streets, library, police, fire, schools, and parks). J. A statement of who will maintain the streets, alleys, parks and utilities (privately and publicly owned utilities) and how the maintenance of the streets, alleys, parks and utilities (privately and publicly owned utilities) will be funded. K. A phasing plan showing the proposed dates of construction and completion of phased construction for infrastructure, streets, alleys, utilities and all other development. L. Except as provided otherwise by this Title, the following studies shall be submitted: 1. Traffic Study. A traffic study shall be submitted showing impact on adjacent public streets that would serve the proposed project and the impact on all public streets within a three (3) mile radius of the proposed development. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. 2. Water Study. A water study shall be submitted showing how the development will be serviced with city water, the impact the development will have on existing groundwater rights, and the upgrades necessary to the Ammon city water system to fully service the development. The water study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in water studies. 3. Wastewater Study. A wastewater study shall be submitted showing how the development will be serviced for wastewater, the impact the development will have on existing wastewater systems, and the upgrades necessary to the Ammon wastewater system to fully service the development. The wastewater study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in wastewater studies. 4. Floodplain Study. If any portion of the proposed annexation is located within a federally designated floodplain, a Floodplain Study shall be submitting showing how the development will impact the existing floodplain and how the development will impact all property owners downstream of the mapped floodplain 5. A Level I environmental study showing the presence of any hazardous waste. M. A list of names and mailing addresses of all property owners within three hundred feet (300’) of the external boundaries of the proposed annexation and the names and mailing addresses of all easement holders within the proposed annexation. N. A fiscal impact analysis or an updated fiscal impact analysis showing a comprehensive analysis of the costs and benefits of annexation the proposed development into the City of Ammon. The analysis may be submitted at the time of the application for annexation but no later than when the application is reviewed by the Ammon Planning and Zoning Commission (“Commission”). The fiscal impact analysis shall be prepared by a qualified and independent person or firm acceptable by the City Council and in a format acceptable by the City Council, to determine the proposed annexation’s impact and to recommend any additional fees paid to the City to compensate for anticipated costs. Based on the fiscal impact analysis and any other study provided and consulted during the annexation process, the Council retains the right to 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 7 require further monetary or non-monetary contributions for any annexation. The applicant has the right to seek the City’s approval of such a fiscal impact study at any point in the annexation process. At the sole discretion of the City Council, the requirement to provide a fiscal impact analysis may be waived. The fiscal impact analysis may also be termed a cost/benefit analysis. Staff comments: Traffic study, Water Study, Wastewater Study, Floodplain Study, Level 1 Environmental Study, and Fiscal Impact Analysis, may be required in the Annexation Agreement, and submitted prior to the preliminary plat. ☒ ☐ ☐ 11-1-8 Certification and Review The Planning and Zoning Administrator shall review the application to determine whether the application is complete. Once the Administrator finds the application complete, the Administrator shall submit the application for review and comment to the applicable City departments and appointed recommending boards. Following receipt of comments by the City departments and boards, the Planning and Zoning Administrator shall schedule a meeting with the Ammon Planning and Zoning Commission (“Commission”) at its next regular available meeting for review of the application by the Commission. Staff comments: Commission reviewed at the May 6, 2020 meeting. ☐ ☐ ☒ 11-1-10 Commission Review The Commission shall conduct a public hearing to review the application for annexation. The Commission shall review the particular facts and circumstances of a proposed annexation for the purpose of determining the following: (1) Whether the proposed annexation will be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and (2) Whether the proposed annexation generally complies with the Ammon Comprehensive Plan. The Commission shall also make a recommendation that the property sought to be annexed should be zoned as one or more particular zoning districts, as more fully described in the Zoning Ordinance of the City of Ammon. The Commission shall make findings of fact and conclusions of law relating to the application’s general compliance with the Ammon Comprehensive Plan and to the Commission’s recommendation for zoning. The Commission shall forward those findings and conclusions and their recommendation in writing to the Council and the applicant. Staff Comments: Public Hearing was held by Planning and Zoning Commission on May 6, 2020 and was continued to July 1, 2020 to allow for in-person testimony. Motion Approve “I move to recommend approval of the annexation with the initial zoning of HC-1 and R-1 finding it is in compliance with the Comprehensive Plan and meets the City ordinance.” Deny “I move to recommend denial of the annexation with the initial zoning of HC-1 and R-1, finding it does not comply with the Comprehensive Plan or City ordinance.” Continue 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 8 “I move to continue the public hearing regarding the annexation of the Rocking R subdivision with the initial zonings of HC-1 and R-1 to the next Planning and Zoning Commission meeting on August 5, 2020.” Attachments: 1. Vicinity Map/Proposed zoning distribution 2. Rocking R Annexation Documents 3. Resident Letters 4. 10-37-1 Commercial District Uses 5. 10-37-2 Residential District Uses Planning and Zoning Minutes 05.06.19 Page 1 of 6 CITY OF AMMON 2135 SOUTH AMMON ROAD PLANNING AND ZONING COMMISSION MEETING WEDNESDAY, MAY 6, 2020 – 7:00 P.M. AGENDA DUE TO COVID-19 BREAKOUT THIS MEETING WILL BE HELD VIA ZOOM TELECONFERENCING. PLEASE JOIN THE MEETING BY USING THE INFORMATION BELOW. https://zoom.us/j/279519902 Meeting ID: 279 519 902 Phone-in Number: 1-669-900-6833 THERE WILL BE NO SEATING IN THE CITY BUILDING. CALL TO ORDER: Chairman Patrick Malone Pledge of Allegiance: Debra Clapp MINUTES: April 29, 2020 PUBLIC HEARINGS: 1. 2020-006 – Rocking R Annexation with initial zoning R-1 and HC-1 2. 2020-011 – Kartchner Property Comprehensive Plan Land Use Map Amendment 3. 2020-012 – Kartchner Property Rezone from C-1 to R2-A 4. 2020-013 – Stierle Annexation with initial zoning RP-A ACTION ITEMS: 1. Action on Rocking R Annexation 2. 2020-006 Recommendation for additional public hearing 3. 2020-006 Adoption of Reasoned Statement 4. Action on Kartchner Property Comprehensive Land Use Map Amendment 5. 2020-011 Recommendation for additional public hearing 6. 2020-011 Adoption of Reasoned Statement 7. Action on Kartchner Property Rezone 8. 2020-012 Recommendation for additional public hearing 9. 2020-012 Adoption of Reasoned Statement 10. Action on Stierle Annexation 11. 2020-013 Recommendation for additional public hearing 12. 2020-013 Adoption of Reasoned Statement DISCUSSION ITEMS: Circular Driveways REPORTS: City Council – Cindy Donovan City of Idaho Falls – Cindy Donovan Street Projects – Cindy Donovan Bonneville County – Tom Hunsaker Parks, Recreation and Trails Commission – Sarah Jones CALL FOR ADJOURNMENT: MINUTES Commission Members Present: Chairman Patrick Malone Commissioner Sarah Jones Commissioner Steve Taylor Commissioner Jay Danielson Commissioner Bond Eslinger Commissioner Robert Taylor Commissioner Josh Rydalch Commissioner Debra Clapp Planning and Zoning Minutes 05.06.19 Page 2 of 6 City Staff Present: City Administrator Micah Austin City Planner Cindy Donovan Administrative Assistant Shari Ockerman Commission Members Absent: Vice Chairman Nick Torman CALL TO ORDER: Due to COVID-19 this meeting is being held remotely via Zoom Meeting. The meeting ID number is 279 519 902 Chairman Malone opened the meeting at 7:00 p.m. Chairman Clapp led the Pledge of Allegiance. MINUTES: April 29, 2020 Commissioner Jones moved to approve the April 29, 2020 minutes with edits. Commissioner Clapp seconded. All in favor – the motion passed. PUBLIC HEARINGS: Chairman Malone explained the public hearing process and how to testify via Zoom Teleconferencing. He opened Public Hearing 2020-006. 1. 2020-006 – Rocking R Annexation with initial zoning R-1 and HC-1: Donovan provided the following information to the Commission. Recommendation - Staff recommends: continuation to the July 1, 2020 meeting after testimony of persons in attendance, to allow for those unable to attend virtually to testify in person, due to the COVID-19 restrictions currently in place. Summary of Analysis - Parcel is currently used for residential/agriculture in Bonneville County - Request is for HC-1, Highway commercial and R-1, single-family detached residential - At the time of application, no preliminary or final plat has been received - Comprehensive plan land use map currently shows the parcel as low density residential and light commercial. Parcel Characteristics - Requested initial zoning: Highway Commercial (HC-1) and Medium Density Residential (R-1) - Total acreage: 20.46 acres; HC-1 = 2.56 acres. R-1 = 17.90 acres - Property is located north of Sunnyside Road, east of 45th East (Crowley Road), south of Majestic View Drive, west of Rancho Via Drive Applicant’s Request - Request being presented by McKay Harper, Engineer, and Doyle Robertson, Applicant - Annexation of 20.46 acres with an initial zoning of HC-1 (2.56 acres) and R-1 (17.90 acres) Notice - Letters were mailed out to 34 property owners and 18 public entities on February 28, 2020 and March 6, 2020 - Published in the Post Register on February 28, 2020 and March 6, 2020 - Property was posted on February 28, 2020 and March 19, 2020 - Public comment: Received 8 letters from residents, 1 letter signed by 27 residents, 6 of the signers also sent individual testimony Applicant - Doyle Robertson, 4561 E. Sunnyside Road, said annexation into the City would provide access to sewer and water systems. The property will be subdivided into 8,000 to 11,000 square feet lots with homes in the range of 1,800 to 3,000 square feet. The R-1 zone would allow approximately 55 homes built which will provide jobs and an opportunity for a safe and comfortable community. McKay Harper, 573 N 700 W Provo, Utah said seeing how the annexation goes they are open to making changes if needed. Daryl Peterson, 4340 Mason St, asked for clarification of the location of the property. He expressed concern about the increased traffic from a new subdivision and traffic congestion at the 4 way stop at Crowley and Sunnyside Road. Tom Hunsaker, 2925 Carolyn Lane, said the location is Urban Residential on the Bonneville County Comprehensive Plan. BMPO has designated Crowley Road to be part of the outer movement system loop. The Commercial zone would kick in then. The HC-1 would allow a drive thru which is not allowed in LC. The parcel size will limit the type of businesses that could go in. The density is compatible with surrounding subdivisions. Stephanie Gifford, 4699 E. Sunnyside Rd., shared a Power Point presentation she created for the Commission. She is representing 55 other citizens. The Planning and Zoning director has a list of the individuals she is representing. They are opposed to the proposal because it is not compliant with the City’s Comprehensive Plan. The surrounding neighborhoods are a lower density with less than four units per acre, new zoning should be based on existing land use. The RE zone is a more appropriate choice. The proposed project will increase traffic congestion, require the removal of historic trees, is an example of spot zoning and place a burden on tax payers. Planning and Zoning Minutes 05.06.19 Page 3 of 6 She stated development should be stopped until the City infrastructure catches up. The local schools are already at capacity and building new schools will place a burden on tax payers. The area should remain rural. The commercial zone should be rejected because of the size of the parcel and it is bordered by residential. HC does not belong in a low density area. The commercial zone that could fit is LC/PB. Aaron and Stephanie Affleck, 4651 E Sunnyside Road, displayed a map to show their property in relation to the proposed annexation site. They are opposed due to the proposal being too vague, the items stated in the previous testimony and only one access out to Crowley Road. They would like more impact studies and review any planned future improvements to infrastructure. The Commercial zone is not needed. They will not allow any paths on their property. Brendan Kester, 4631 Lady Hawk Ln, submitted written testimony with 55 individuals responding in affirmative to the letter he drafted. They are not opposed to the annexation, but are opposed the zoning. The lot sizes are not consistent with the surrounding neighborhood. The proposal is incomplete, lacks sufficient details and is not based on fact. Cee Cee Saxton, 4589 E. Sunnyside Road, the HC zone will impact their land use and life. She is concerned about the increased traffic in front of her house and not being able to get out of her driveway in the morning. The development will have a negative impact on already crowded schools. The proposal lacked information and is not compliant with the City’s Comprehensive Plan. She does not want the existing canal impacted and supports the items stated in Stephanie Gifford’s testimony. She is opposed to the annexation and the requested zoning. Rachel Stosich, 4940 Lady Hawk Lane, asked if the Robertson families are going to remain in their current homes. Applicant - Doyle Robertson stated there is no intention of encroaching on the neighbor’s property with a bicycle path. The minimum lot size is 8,000 square feet. They do not have any intention on doing anything illegal and plan to abide by the City rules. His home is in the proposed commercial zone. He would have to move when that area is developed. Co-applicant - Diana Burke, 2911 S. 45 E., stated that power is being taken away from them to use their property. Her family moved to the property over sixty years ago and watched people in opposition move in and possess the farm ground surrounding their land. The farming community ceased to exist when those homes were built. A farming community is not 2.5 miles from the mall and hospital. The concerns regarding the road have been discussed. The City and County are in action to make improvements to the road. She does not have plans to move from her home. She respects people’s opinions, but would like her property rights respected also. Co-applicant - Dell Robertson, 5699 E. Lincoln Road, moved on the property in the 3rd grade and still maintains the property. Their farm land changed when the neighbors started coming in and continued to change. He served on Bonneville County Planning and Zoning and noticed a pattern of people wanting their niche of property left alone. He explained the importance of developments being in a municipality which has different revenue streams to offset the expenses of providing services to residential properties. The property taxes from the new residents will pay for the improvements to City roads. He asked the Commission if there are any instances of resident’s property taxes decreasing (indicating a loss to property value) because neighbors have moved in. The free market will determine how and when things develop. He feels the community will continue to grow. It is an oxymoron to appeal to a city to preserve a country life. They are willing to negotiate and cooperate with the City of Ammon. The water rights from the property will be signed over to the City. Donovan stated the City is requiring pressurized irrigation on new developments. Robertson said part of the property is in the flood plain. The Sunnyside/ Crowley Road location is the only intersection between the foothills and the City. It is a strategic intersection. Chairman Malone closed the public hearing and opened the Commission’s discussion. Donovan explained she communicates with Bonneville District #93 regarding any new developments. The Commission discussed the advantages and disadvantages of continuing the meeting until the July 1st meeting. If the meeting is continued the public hearing will remain open. 2. 2020-011 – Kartchner Property Comprehensive Plan Land Use Map Amendment: Donovan provided the following information to the Commission: Recommendation Staff recommends: approval Summary of Analysis - Property is currently Light Commercial - Request is to change to Medium High Density Residential - 9.301 acres available in the Medium High Density Residential - Request will NOT be in compliance with the current Comprehensive Plan, page 19, 3rd paragraph, requiring an 80% single family housing to 20% multi-family housing requirement. However, this paragraph also realizes there may be variances Planning and Zoning Minutes 05.06.19 Page 4 of 6 which may require a few years to balance the percentages and should take into account the location and size of the development. Parcel Characteristics - Current zoning: Light Commercial - Total acreage: 10.90 acres - Property is located east of North 25th East (Hitt Road), north of 1st Street, west of North Curlew Drive, south of Lincoln Road Applicant’s Request - Request being presented by Dan Larsen, Kartchner Development - To change land use to allow multi-family residential Notice - Published in the Post Register on Friday, March 13 and April 15, 2020 - Mailed letters to 56 property owners and 18 public entities on Friday, March 13 and April 15, 2020 - Sign posted on property Thursday, March 19 and April 17, 2020 - Public comment: no written testimony received for either hearing date Chairman Malone opened Public Hearing 2020-011. Applicant - Dan Larsen, 494 E. 390 S. Hyrum Utah, said there has been no interest in the commercial side of the property since it is not directly on Hitt Road. The medium density residential creates a buffer from commercial to the south and residential to the north. The townhomes will be homeowner occupied. The current design is two story home with a two car garage. Tom Hunsaker, 2925 Carolyn Lane, in favor of the change. The further away you get from the intersection the commercial property becomes less viable. The medium high density makes the most sense. Co-applicant - Troy Kartchner, 5690 S. 2400 W. Wellsville, Utah, the location has commercial to the south and west. There is high density residential to the east and single family homes to the north. This is the best use for the area. There are a lot of vacant commercial lots and buildings throughout the area. He described the features of the townhomes and stated it would provide variety for the different needs of residents in a good location. Chairman Malone closed the public hearing and opened the Commission’s discussion. The Commission discussed the effect residential property versus commercial property on City’s tax revenue. Austin stated Ammon has a balanced tax base. The Commission discussed their concern with increased traffic on 1st Street. Austin updated the Commission on the timeline of the 1st Street improvement project. Larsen said they have already done improvements to 1st Street that touches their property and will continue to do their part to help. The Commission discussed how the proposed change would effect local schools, the benefit of creating a bike path along the canal, and the demand in the market for town homes. 3. 2020-012 – Kartchner Property Rezone from C-1 to R2-A: Donovan provided the following information: Recommendation - Staff recommends: approval provided the Comprehensive Plan Land Use Map is amended Summary of Analysis - Property is currently C-1 - Request is to change to R2-A Parcel Characteristics - Current zoning: C-1 - Total acreage: 10.90 acres - Property is located east of North 25th East (Hitt Road), north of 1st Street, west of North Curlew Drive, south of Lincoln Road Applicant’s Request - Request being presented by Dan Larsen, Kartchner Development - To change land use to allow multi-family residential Notice - Published in the Post Register on Friday, March 13 and April 15, 2020 - Mailed letters to 56 property owners and 18 public entities on Friday, March 13 and April 15, 2020 - Sign posted on property Thursday, March 19 and April 17, 2020 - Public comment: no written testimony received for either hearing date Chairman Malone opened Public Hearing 2020-012. Applicant - Dan Larsen, 494 E. 390 S. Hyrum Utah, displayed a draft of the design of the townhome units. He described the features of the units. Planning and Zoning Minutes 05.06.19 Page 5 of 6 Tom Hunsaker, 2925 Carolyn Lane, is neutral, but a little nervous with the R2-A zone allowing multifamily homes. He suggested this be addressed in the development agreement. Co-applicant - Troy Kartchner, 5690 S. 2400 W. Wellsville, Utah said he is in favor of adding in the development agreement owner occupied single family townhomes. Chairman Malone closed the public hearing and opened the Commission’s discussion. The Commission discussed the development agreement. 4. 2020-013 – Stierle Annexation with initial zoning RP-A: Donovan provided the following information: Recommendation - Staff recommends: approval Summary of Analysis - Parcel is currently residential in Bonneville County - All lots on the south side of Wanda have the portion of property where the house is located in the City and the back portion of their property in Bonneville County. - Parcel will remain residential if annexed Parcel Characteristics - Requested initial zoning: RP-A - Total acreage: 0.91 acres - Property is located north of north of Sunnyside Road, west of 45th East (Crowley Road), south of Wanda Street, east of Princess Drive Applicant’s Request - Request being presented by Paul Stierle - Annexation of 0.91 acres with an initial zoning of RP-A Notice - Letters were mailed out to 21 property owners and 18 public entities on April 2, 2020 - Published in the Post Register on April 2, 2020 and April 9, 2020 - Property was posted on April 20, 2020 - Public comment: 1 letter received included in the packet Chairman Malone opened the Public Hearing 2020-013. Kurt Ririe, 4495 Mason Street, asked will the zone remain residential. Tom Hunsaker, 2920 Carolyn Lane, reviewed some of the requirements for obtaining a Home Occupation Business License. Daryl Peterson, 4340 Mason Street, represents many Mason Street residents. They are concerned about preserving the privacy of the neighborhood. They fear Mr. Stierle will be moving his construction business to the property resulting in an increase in large vehicle traffic down their street. He stated the owner recently put in a concrete slab and are concerned this may be in preparation of moving the business to the property. They fear the City will try to annex portions of their lots that reside in the county. They would like the street to remain safe for children to play since there are not any sidewalks. He said the residents are in opposition of any businesses on their street. He described the inconveniences & safety issues to residents created by the reception center located on the east end of the street. The applicant has not provided a reason for the request and their fears take center stage. Applicant - Paul Stierle, 4310 Mason Street, the concrete pad is a basketball hoop for his daughter. He has no plans to run a business out of this location. He has a shop that he runs his business out of. He could potentially build a shop to house his recreational vehicles. Peterson asked how he would access the back part of his lot. A shop could be built with a permit from Bonneville County. It is not feasible to change zones to build a shop. Donovan said the zone is remaining the same. The reception Center does not have a business license from the City and is not zoned to operate a reception center. The City is investigating that situation. Stierle said the access is not a problem. The annexation would eliminate some of the cost of utility hookup fees if he builds an additional structure. The annexation will also simplify the property having it all in the City as opposed to partial being in the county and partial being in the City. Tom Hunsaker, 2925 Carolyn Lane, said if a structure was built on the City/County property line the building code would require a fire wall. Donovan stated code now states you cannot build on the property line. Planning and Zoning Minutes 05.06.19 Page 6 of 6 Ririe asked if there would be any effect to the ditch if the property is annexed into the City. Donovan said there cannot be any effect to the ditch. Chairman Malone closed the public hearing and opened the Commission’s discussion. The Commission felt the resident’s fears and questions had been addressed. ACTION ITEMS: 1. Action on Rocking R Annexation: Commissioner Steve Taylor moved to continue the public hearing on record regarding the annexation of the Rocking R subdivision with the initial zonings of HC-1 and R-1 to the next Planning and Zoning Commission meeting on July 1, 2020. Commissioner Danielson seconded. All in Favor – Yes. The motion passed. 2. 2020-006 Recommendation for additional public hearing: Continued to July 1, 2020 meeting. 3. 2020-006 Adoption of Reasoned Statement: Continued to July 1, 2020 meeting. 4. Action on Kartchner Property Comprehensive Land Use Map Amendment: Commissioner Danielson moved to recommend approval to City Council of the Comprehensive Land Use Map amendment, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Commissioner Steve Taylor seconded the motion. All in favor – Yes. The motion passed. 5. 2020-011 Recommendation for additional public hearing: - Commissioner Jones moved an additional hearing is not needed for public hearing 2020-011. Commissioner Clapp seconded. All in favor – Yes. The motion passed. 6. 2020-011 Adoption of Reasoned Statement: Commissioner Robert Taylor moved to adopt the Reasoned Statement for Public Hearing 2020-011. Commissioner Steve Taylor seconded. All in favor – Yes. The motion passed. Findings for Recommendation: Commercial has not been viable, townhome/ multifamily housing is needed, better tax base than commercial property that is vacant, homes will be owner occupied. 7. Action on Kartchner Property Rezone: Commissioner Jones moved to recommend approval to City Council the zone change to R2-A from C-1 in the Kartchner 1st Street Community, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Commissioner Clapp seconded. All in favor – Yes. The motion passed. 8. 2020-012 Recommendation for additional public hearing: Commissioner Danielson moved an additional hearing is not needed for public hearing 2020-012. Commissioner Robert Taylor seconded. All in favor – Yes. The motion passed. 9. 2020-012 Adoption of Reasoned Statement: Commissioner Steve Taylor moved to adopt the Reasoned Statement for Public Hearing 2020-012. Commissioner Danielson seconded. All in favor – Yes. The motion passed. Findings for Recommendation: good fit, need for housing, recommend for development agreement to include this being single family attached housing. 10. Action on Stierle Annexation: Commissioner Robert Taylor moved to recommend approval to City Council the annexation with the initial zoning of RP-A finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Commissioner Steve Taylor seconded. All in favor – Yes. The motion passed. 11. 2020-013 Recommendation for additional public hearing: Commissioner Jones moved an additional hearing is not needed for public hearing 2020-013. Commissioner Rydalch seconded. All in favor – Yes. The motion passed. 12. 2020-013 Adoption of Reasoned Statement: Commissioner Danielson moved to adopt the Reasoned Statement for Public Hearing 2020-013. Commissioner Steve Taylor seconded. All in favor – Yes. The motion passed. Findings for Recommendation: makes sense to consolidate property to all City property, no change to zone from current neighborhood. DISCUSSION ITEMS: Circular Driveways moved to June 3, 2020 meeting REPORTS: City Council –Donovan reported on the April 2nd and April 16th meetings. City of Idaho Falls –Donovan shared points of interest from the meeting. There was not anything that impacted the City of Ammon. Street Projects – Donovan said the street crews will be fixing potholes this week. Bonneville County – Tom Hunsaker – nothing to report the Commission has not met due to Covid-19 crisis. Parks, Recreation and Trails Commission – Sarah Jones – nothing to report. The Commission has not met. CALL FOR ADJOURNMENT: The meeting adjourned at 10:16 p.m. ____________________________ Patrick Malone, Chairman ________________________________ Kristina Buchan, City Clerk . ROBERTSON ANNEXATION EXTENTS 2/18/2020 Approximate division between the commercial and residential lands PROPOSED ANNEXATION DOCUMENTS OF ROCKING R SUBDIVISION AND COMMERCIAL DEVELOPMENT SUBMTTED TO: CITY OF AMMON IDAHO 30 APRIL 2020 SUBMITTED BY ROBERTSON CORNER LLC PREPARED BY HARPER ENGINEERING INTRODUCTION Robertson Corner LLC plans to annex a plot of land into the City of Ammon. The land is located on the northeast side of Crowley Road (45th East) and Sunnyside Road in Bonneville County, Idaho. The property has been surveyed, and the amount of land proposed to be annexed is approximately 20.46 acres. Robertson Corner LLC would like to annex different portions of the property as R-1 and HC-1 . The name of the development is “Rocking R.” The following is a description of the utilities, property, and overall demand on the City of Ammon of the proposed annexation. SIZE OF PROPERTY AT ROCKING R The proposed annexation of Rocking R into Ammon City will consist of residential and highway commercial areas. The highway commercial (HC-1) area is approximately 2.56 acres (111514 SF) and will be located in the southern portion of the property along Sunnyside Road. The commercial portion of the property will be accessed from Sunnyside Road. The residential (R-1) area is approximately 17.90 acres (779724 SF) and will be located north of the commercial area and east of Crowley Road (45th East). Access to the residential area will be off Crowely Road. DESCRIPTION OF ROCKING R Rocking R is a combination of medium density residential and commercial property. The residential will ideally consist of single-family detached homes. The commercial property is planned to be a neighborhood shopping center and/or office space separate from the residential development so that there is no direct access between the residential and commercial developments. The exact type and design of the commercial development has not yet been determined and likely will not be determined until the residential portion has been built out. However, planning to ensure utilities mesh well with the residential portion will be implemented so future construction of the commercial area will provide minimal effect to the residential area. The following table defines approximate information for Rocking R including lengths of sidewalks, utilities, and roads. The included documents show the approximate location of utilities, sidewalks, and roads. COMPLYING WITH THE AMMON COMPREHENSIVE PLAN Future growth is expected in Ammon, and that growth is expected to extend into the area where Rocking R is located. The 2018 City of Ammon Comprehensive Plan notes that the recommended land use pattern should be commercial and offices next to main arterial roads with high to medium density LOTS (APPROX.)69 PROPOSED WATER MAIN LENGTH 3600 FT PROPOSED SEWER MAIN LENGTH 3300 FT PROPOSED LENGTH OF STREETS (TOTAL)3500 FT PROPOSED LENGTH OF SIDEWALKS (TOTAL)6501 FT ACREAGE OF OPEN SPACE (DETENTION PONDS)0.5 AC ROCKING R DESCRIPTIONS housing behind or away from the commercial properties. Rocking R follows this pattern by having commercial land along Sunnyside Road and placing the residential development away from the main road (Sunnyside) and behind the commercial land. Rocking R currently plans to have landscape strips on both the commercial and residential areas. Low water usage will be implemented, especially in the commercial area, as requested in the Comprehensive Plan. Rocking R will consider building or allowing different home styles to avoid monotony of building type. COMPATIBILITY WITH ADJACENT NEIGHBORHOODS IN AMMON Currently, in the near vicinity of Crowley and Sunnyside, there are no subdivisions or commercial zones that are similar to Rocking R. Two (2) subdivisions of medium density are approximate ½ mile away. There are also subdivisions around the area with no apparent conjunction with the surrounding properties, as growth will fill in the surrounding areas. Rocking R is currently further away from the center of most development occurring in Ammon. The 2040 BMPA Roadway Functional Classification for Access Management noted in the 2018 City of Ammon Comprehensive Plan defines Crowley Road (45th East) and Sunnyside Road as Principle Arterials (Figure 9, 2018 City of Ammon Comprehensive Plan). With this estimated growth, it is expected that the properties around Rocking R and along Crowley Road and Sunnyside will function well as medium density housing and highway commercial. APPLICABLE NATURAL RESOURCES Currently, a floodplain exists on the west side of the residential portion of Rocking R along Crowley Road. The floodplain ends in the middle of Rocking R. After surveying, the floodplain would not exist if the land in the flood plain was raised a few feet. Current options to remediate the flood zone are to move portions of the earthen material from the eastern side of the residential property and build up the lots where the flood zone exists in order to ‘raise’ them out of the flood zone. This plan will depend on feasibility as plans continue to develop. A second option would be allowing the homes to be placed in the flood zone without remediation. This option has consequences including, but not limited to, forgoing basements for these plots. A canal currently runs along the east border of Rocking R. Biking and walking is important to the City of Ammon, and future uses of the canal might consist of enclosing the canal to place a bike trail over the top. Because the canal is currently not at that stage, the property is being designed to avoid accidental fall-ins by allowing residents to place back fences along the canal. CONTRIBUTIONS AND DEDICATIONS Currently, Rocking R is dedicating the roads and landscape strip included in the Ammon City ROW. Potential detention basins needed to control stormwater will be donated and can be used as recreation or other purposes as deemed by the City of Ammon. The necessary setback along Crowley road of 50 feet from the centerline has been implemented to allow future growth for the road. The same setback will be applied with regards to the commercial portion of Rocking R. IMPACT ON MUNICIPAL INSFRASTRUCTRUE AND SERVICES Rocking R could increase the population of Ammon by about 69 families. Such an increase will require around 15,000 gpd for sewer and water. As pressure irrigation is required by the city of Ammon, it is likely that the city will not need to supply water for surface irrigation. The additional traffic from Rocking R will mostly affect the intersection of Sunnyside Road and Crowley Road, although intersections north of Rocking R on Crowley Road will become more congested, as trips are made to work and stores. Schools will begin to see students from Rocking R as children come of age, and Rocking R is currently within about 1 mile of elementary up to high school buildings. This will make the burden of child transport easier compared to having to transport the children further distances. The possible addition of 70 families also will affect the need for safety including police force, fire, and EMT services. Ideally, the type of people Rocking R would like to attract would be good contributing citizens, but police intervention might still be needed. Rocking R would likely not be a reason to increase police force, but it does contribute to a future need to increase in police presence in Ammon. Additionally, for Fire rescue and EMT services, Rocking R will likely not require a need to increase these services or personnel but will contribute to future increase needs for the Ammon community. Other services, however, such as meter reading for water and regulation of fiber, may cause an increase in services as 69 additional homes will take more time for meter reading and/or paperwork. Generally, Rocking R is a smaller development, and major service or infrastructure changes are not needed for its installation. It is clear, though, that Rocking R does add to the increasing need for services and infrastructure within Ammon as the City of Ammon continues to grow. As growth continues, some of the families and individuals moving to Rocking R may work in some of the service capacities mentioned. MAINTAINANCE OF PUBLIC AND PRIVATE UTILITIES The utilities proposed to be maintained by the City of Ammon consist of water, sewer, stormwater, pressurized irrigation, and fiber. Additionally, the retention basin will be maintained by the City of Ammon. Gas will be maintained by Intermountain Gas Company, and power will be maintained by Rocky Mountain Power. Currently, there are no alleyways planned for Rocking R, but the roads will be maintained by the City of Ammon, and the landscape strips will be maintained by the individual property owners who live behind them. For the commercial area, it is not expected that the City of Ammon will maintain the area. It is also understood that the City of Ammon will continue to maintain Crowley Road and Sunnyside Road. The funding of said maintenance by the City of Ammon is expected to be provided through general taxes, but also through costs of utilities. The design of the infrastructure is intended to be simple and allow for ease of maintenance. CONCLUSION Robertson Corner LLC hopes that Rocking R will be annexed into the City of Ammon and aid in the growth of a wonderful community. Should any problems arise, Robertson Corner LLC, as responsible citizens, would like to address those concerns. From: Aaron & Stephanie Affleck 4651 E. Sunnyside Rd, Ammon, ID 83406 To City of Ammon, Monday, April 27, 2020 We thank you in advance for reading our testimony and believe you will see many if not all of our comments as valid, factual, and important. The fundamental question of annexation and rezoning of the Rocking R Subdivision and Commercial Development is: Will the change encourage the most appropriate use of the land, and will rezoning it to R-1 and HC-1 be parallel with strategies that strengthen our community, so that people in our communities can thrive? As concerned neighbors of 45th/Crowley and Sunnyside road would support annexation; however, we are STRONGLY OPPOSED to the land being rezoned to R-1 and HC-1. Please add our testimony for the public hearing for Planning and zoning Commission Meeting on May 6, 2020. Our property comprises almost the entire eastern border of the land proposal. We respectfully ask for NO REZONING TO HC-1, in fact, we ask for NO COMMERCIAL ZONING at all. Rezoning the land to HC- 1 could be declared as “illegal spot zoningi”, violates the 2018 City of Ammon Comprehensive Plan buffering plan, is an extreme zone level for what is proposed in the annexation documents and will not be parallel with strategies that strengthen our community, so that people in our communities can thrive. The nearest light commercial is about a mile away. The other 3 corners of the intersection are not currently in the City of Ammon, and any changes in their zoning could be many years away. We request that the rezoning of the approximately 2.56 acres (111514 SF) to HC- 1 be denied and be rezoned as the remaining land or stay as it is now currently zoned. The developer can ask for the rezoning to commercial (preferably light commercial) when the phase 4 (approximately in 4 years) is ready to begin. We feel this is a fair decision on the city’s part because we do not know the future and what will happen to the large amount of non-annexed land surrounding the 2.56 acres. This would avoid “illegal spot zoning,” and at these unsure times can help better understand how this land will fit in the City of Ammon’s needs in four years. This will also allow for more time for studies and development of healthy designed infrastructures. Neighbors most impacted by the rezoning are against rezoning the 17.9 acres to R-1 not because we are anti-growth but because we support smart, planned urban development. Our most compelling reasons to oppose Rocking R Subdivision development plan is it includes plans involving our property that we were unaware of, and would not agree to. The ditch along the east of the property line is used for irrigation. The survey of the land done in 2009 shows that at least half of the ditch belongs on our property. We would not agree to covering the ditch and putting a bike trail on it. In fact, the Progressive Irrigation district has an 8 foot easement and the Robertson Corner LLC should plan fences 8 feet from the ditch to protect small children from the canal. We also find the plan to rezone to R-1 is inappropriate with the neighborhood character, violates the City of Ammon’s comprehensive plan, and the plans will detrimentally impact our resources such as water, sewer, trash, traffic and schools. We recommend the rezoning be RE (Residence Estate Zone), and that proper and realistic studies at the expense of Robertson Corner LLC to address the issues before development begins. The plan violates the Policies Based on Existing Land Use Patterns. (Please See 2018 City of Ammon Comprehensive Plan: Chapter 10 Pages 21-22). In Exhibit A found on page2 it shows the 17.9 acres in a yellow outline and how the parcel borders private property with lots size from 3 to 15 acers. The homes across the street are also one acre or more. The homes around the parcel are on larger lots, most with at least an acre of land. When you travel as far as half a mile from the parcel you will find homes defined as low density. (See Exhibits B) The rezoning request of R-1 violates the character of the neighborhood. Low density is a natural feature of this area. Many in this community moved to this area to be in a low density community. We feel strongly about open space, our investment in our land, and in our homes. We have the right to enjoy low air and noise pollution and don’t mind a longer drive into town. Our right to have our land surrounded by low density community is found not just in the 2018 City of Ammon Comprehensive Plan, but in Idaho Code 67-6502 “(h) To ensure that the development on land is commensurate with the physical characteristics of the land and (d) To ensure that the important environmental features of the City and Area of Impact are protected.” Exhibit A 4561 E. Sunnyside Rd, Idaho Falls, ID 83406 Exhibit B Neighborhood with .75 - 1+ acer lots are marked with a  Request rezoned Land As stated in 2018 City of Ammon Comprehensive Plan “Ammon’s land use goal should be to foster a community which continues to recognize and respect its rural roots” (page 21) and “Development on the foothills is generally proposed to be lower density; therefore, residential densities generally decrease further from regional commercial land uses and 25th East. Densities decrease as one travels farther from commercial land uses.” (Page 22) Smaller property lots will directly mean smaller homes. Larger lots lean towards larger homes. The home/land value (tax base) should roughly be the same if you have 69 tiny homes without basements verse 17 large homes. Rezoning to RE (Residence Estate Zone) is a win-win, the City of Ammon keeps the increase tax base, but avoids the harm of school overcrowding, crime, clogged traffic, and a congested appearance. We and our neighbors feel threatened of loss of property value and are highly concerned about our tax burden to deal with increased stress on infrastructures. When we first moved back home to Ammon in 2001 a sign was posted outside the new development of Eagle Point. It read “LIVING IN AMMON COST 40% LESS IN TAXES THAN LIVING IN IDAHO FALLS.” A short 19 years later, living in the City of Ammon cost 6.4% more than Idaho Falls (bestplaces.net). Bonneville County pays the highest levy rates in Idaho. In October of 2017 the rate was $580 per $100,000 of taxable value. (See https://www.idahoednews.org/news/bonneville-homeowners- pay-growing-price-growth/). Since then the City of Ammon has increased levy rates to cover a $63.5 million High school, a $46 million middle school and a $16 million elementary. We recommend at the expense of Robertson Corner LLC a professional and certified traffic and safety study on how best to develop the intersection. This will avoid a repeat of the Strip Mall at 17th and Hitt/25th where after multiple traffic accidents and even death required a subpar solution of drivers traveling behind Target Department Store to enter Hitt road. Not only is the path seriously narrowed, but the flow into the opening it not defined and unsafe. The purchase of the land and development of the intersection should be in place before the annexation should be allowed. Along with the study of how to design the intersection a professional and certified cost analysis should be in place. These studies should be at the expense of Robertson Corner LLC. Robertson Corner LLC should be assessed impact fees to fund all stop lights, landscaping and signage. Robertson Corner LLC should also fund walls/fencing needed to separate high traffic & noise from other residential properties. When doing research we found different numbers than the Robertson Corner LLC studies. Water: According to the USGS (Science for a Changing World) on average, each person uses about 80-100 gallons of water per day. (See https://www.usgs.gov/special-topic/water-science-school/science/water-qa-how-much-water-do-i-use-home-each- day?qt-science_center_objects=0#qt-science_center_objects). The average number of person per households in Ammon is 3.9. If this land is allowed 69 homes with 4 family members per home there will be an additional need for 27, 600 gallons of water per day, nearly double the projection in the proposal, on an already deficient water supply. Traffic: The impact of these 69 plus homes is not limited to the water; there will be an overwhelming increase of commuters on roads that already experience “rush-hour” traffic. Unlike other residential areas all the commuters will be forced to exit onto 45th/Crowley road. If each home has an average of 2 driver/vehicles in that small stretch of road, 138 cars will be entering and exiting Crowley road. Air pollution: According to the EPA (United States Environmental Protection Agency (see https://www.epa.gov/greenvehicles/greenhouse- gas-emissions-typical-passenger-vehicle) “A typical passenger vehicle emits about 4.6 metric tons of carbon dioxide per year. Therefore, a passenger vehicle emits about 10,138.40 pounds of pollutions/year. This means 138 cars started-up once a day will emitted 1,259,189 pounds of air pollution/year in the 17.9 acres. We thank you for your diligent consideration in this matter. Sincerely, Aaron J Affleck (4/27/2020) Stephanie S Affleck (4/27/2020) i “A claim of ‘spot zoning’ is essentially an argument the change in zoning is not in accord with the comprehensive plan.” Evans v. Teton Cnty., 139 Idaho 71, 76, 73 P.3d 84, 89 (2003). There are two types of “spot zoning.” Type one spot zoning may simply refer to a rezoning of property for a use prohibited by the original zoning classification. The test for whether such a zone reclassification is valid is whether the zone change is in accord with the comprehensive plan. Type two spot zoning refers to a zone change that singles out a parcel of land for use inconsistent with the permitted use in the rest of the zoning district for the benefit of an individual property owner. This latter type of spot zoning is invalid. The Undersigned Ammon City Residents Ammon, ID 83406 April 27, 2020 Cindy Donovan City Planner City of Ammon Planning and Zoning Commission 2135 South Ammon Road Ammon, ID 83406 RE: Response to Rocking R Development Proposal Dear Cindy Donovan: We the undersigned are residents of the city of Ammon, ID and recently became aware of the proposed annexation documents submitted to the City of Ammon on April 23, 2020 for the Rocking R Subdivision and Commercial Development by Robertson Corner LLC (RCL). The land proposed for annexation into the city as described in the annexation documents presented by RCL is located on “the east side of Crowley Road (45th East) approximately 280 ft north of Sunnyside Road in Bonneville County, Idaho… and the amount of land proposed to be annexed is approximately 20.46 acres”. The proposal further states that “Robertson Corner LLC would like to annex different portions of the property as R‐1 and HC‐1.” In response to this proposal, we would like to request the Planning and Zoning Commission give proper and prudent consideration to the guidance for decision making with respect to land use as established in the 2018 City of Ammon Comprehensive Plan. “Ammon’s land use goal should be to foster a community which continues to recognize and respect its rural roots.” (2018 City of Ammon Comprehensive Plan, pg. 21) Many of Ammon’s residents specifically choose to live here because of the spaced out, rural feel that exists within the eastern parts of the city while also being in close proximity to the regional services offered in Ammon’s western commercial districts along the Hitt Rd. / 25th East corridor. In support of this, the comprehensive plan states: “Development on the foothills is generally proposed to be lower density; therefore, residential densities generally decrease further from regional commercial land uses and 25th East. Densities decrease as one travels farther from commercial land uses.” (pg. 22) With the additional distinction made in the comprehensive plan that “residential densities are predominately less than four units per acre” and RCL’s proposed annexation and zoning development request of R‐1 which allows 4 units per acre, the requested land use is not in harmony with the guidelines established in the comprehensive plan. Furthermore, when one considers that Figure 3 from the comprehensive plan (pg. 22) depicts a buffer zone between commercially zoned Cindy Donovan April 27, 2020 Page 2 parcels and the varying density levels of residential zoned parcels, the RCL proposed land uses do not conform to this recommended land use pattern. We are not against development of this parcel by RCL for residential purposes, but would request the planning and zoning commission approve a residential zone more in line with the surrounding flow of the current land use and in accordance with the guidelines established in the comprehensive plan. With respect to the commercial lot, RCL requests an HC‐1 zoning designation for the 2.56 acres of commercial frontage that will exist on the north side of Sunnyside Road with a statement that the “commercial property is planned to be a neighborhood shopping center and/or office space”. If that truly be the case, then there are several alternate and more suitable commercial zoning designations that could be approved rather than the wide‐open category of HC‐1. It is requested of the commission that the HC‐1 category be denied, and consideration of a more neighborhood centric commercial designation be approved. Finally, there are many other considerations that we believe are necessary for a clear and comprehensive recommendation to be made by the commission and ultimately approved by the city council including the following: how will the existing flood plain be mitigated and what will the impacts of that mitigation be on the existing land users (the impacts were not addressed at all in the annexation documents); what other environmental impacts would be realized as a result of this subdivision; how does the subdivision intend to support the need for additional parks and green space to meet the recommendations of the NPRA as outlined in the comprehensive plan; what development / impact costs is RCL intending to cover for development of the roads, intersections, schools, utilities and other supporting infrastructure necessary to support the added burden on the existing infrastructure? We are proponents of growth and development within the city of Ammon, but believe it must be done in accordance with the established comprehensive plan and do not believe, based on the information and current requests from RCL, that such requests are in alignment with that plan. Respectfully, The Undersigned Ammon City Residents Allred, Lori & Matt Hamilton, Owen & Gena Schuman, Jake & Lisa Anderton, Beth and David Harper, Phil & Amanda Schwendiman, Tyler & Jessica Bybee, Ryan & Laura Hernandez, Cynthia and Traian Seymour, Tyler & Shaylee Cooper, Jerry & April Kester, Brendan & Alicia Smoot, Steve & Jill Davenport, David & Katie Knighton, Todd & Monica Stosich, Vaughndavid & Rachel Denny, Craig & Julie Mangum, Jake & Lindsey Stowell, Jared & Rachel Enslow, Mike & Kiki Preece, Steve & Jenny Taylor, Jeff & Penny Frey, Nic & Karla Redd, Brigham & Heather Webb, Lucas & Ashley Gifford, Jared & Stephanie Sayer, Randy Webb, Lucas & Ashley Hall, Logan & Cortney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 B C D E F G H I J K L M N O P Q R S T U V USE RE RP RP-A R-1 R-1A R-2 R-2A R-3 R-3A RMH Multi Use LC/PB PB C-1 HC-1 CC-1 GC-1 M-1 I &M-1 I & M-2 Dwelling, Single Family P P P P P P P P P P P Dwelling, Multi Family P P P P Group Homes P P P P P P P P P P P Residential Care Facility P P P P M Short-term rentals P P P P P P P P P P P Adult Businesses P P Agriculture, Commercial P P P P P P P Agriculture, Urban P P P P P P P P P P P P P P P P P P P P Assembly/Light Manufacturing Facility P P P P P P P Childcare Facility P1 P1 P1 P1 P1 P2 P2 P2 P2 P2 P P P P P P P P P P Communications Facility P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P P P P P P P P P P Drive-through Facility P P P P P P P P P P Equestrian Facility P P P P P P P Financial Institutions P P P P P P P P P P Food Service P P P P P P P P P P Golf Course M P P P P P P P P Health and Fitness Facility M P P P6 P6 P6 P6 P6 P6 Home Occupation P P P P P P P P P P P Hotel/Motel M P P P P P P P Kennel, Commercial Boarding M C C C P P P P P P Manufacturing P P P Motor Vehicle Sales P P P P P P Motor Vehicle Service C P P9 P9 P9 P9 Office, Business P P P P P P P P P P Outdoor Entertainment M P P P P P P P Parking Facility, Off-Site M P P P P P P P P P Professional Services M P P P P8 P8 P8 P8 P8 P8 Recreational Facility M P P P P P P Repair Shops P P P10 P10 P10 P10 Restaurants less than 30 seats, no beer/wine/alcohol service permitted P P P P P P P P P Restaurants - max of 5000 sq ft, Beer/Wine allowed by use, Liquor allowed pursuant to HC-1 Requirements P P P P P P P Restaurants - over 5000 sq ft, Beer/Wine/Alcohol allowed by use pursuant to HC-1 Requirements M P P P P P P Retail store - Small scale (max of 5000 sq feet) P P P P P P P P P Retail store - Large scale (over 5000 sq feet)M P P P P P P P Self-Service Storage Facility M C C P P P P P P P Service Industry P P P P P P P P P P Service Station P P4 P5 P5 P5 P5 P5 P5 Studio Commercial P P P P P P P P P P Transportation Facility M P P P P P P Television and Radio Broadcasting Station M P P P P P P P Wholesale P P P P Assembly, Place of C C C C C C C C C C P P P P P P P P P P Cemetery P P P P P P P P P P M C P P P P P P P P Cultural Facility M P P P P P P P P P Government P P P P P P P P P P P P P P P P P P P P Hospital C C C C C C C C C C M C C P P P P P P P Medical Care Facility P P P P P7 P7 P7 P7 P7 P7 Parking Facility, Off-Site M P P P P P Performing Arts Production M P P P P P P P Public Use C C C C C C C C C C M C P P P P P P P Semi-Public Use P P P P P P P PERMITTED IN DESIGNATED ZONE P NOT PERMITTED IN DESIGNATED ZONE 10-37-1 COMMERCIAL DISTRICT USES 59 60 61 62 63 64 65 66 67 68 69 70 71 B C D E F G H I J K L M N O P Q R S T U V PERMITTED WHEN APPROVED ON MASTER PLAN IN MIXED USE ZONE (ORIGINAL OR AMENDED)M CONDITIONAL USE PERMIT C Notes to Commercial and Residential Chart P1 Family Child Care Facility (5 or fewer children) P2 Group Child Care Facility (6 to 12 children) P3 Allowed for Amateur Radio Operators P4 Service Station - no more than twelve (12) vehicles simultaneously P5 Super Service Station - thirteen (13) or more vehicles simultaneously P6 Health & Fitness Facility over 5,000 square feet P7 Medical Care Facility over 5,000 square feet P8 Professional Services over 5,000 square feet P9 Major Motor Vehicle Repairs - emit odors, noise P10 Major Repair Shops - emit odors, noise 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A B C D E F G H I J K L M N O P Q R S ZonesMaximum Units Per AcreMinimum Lot Area (Square Feet)Minimum Lot WidthMinimum Open SpaceFront Setback MinimumSide Setback Minimum (except zero lot line properties)Rear Setback MinimumMinimum Square Footage (Single Story, Above Grade)Minimum Square Footage (Multi-Story, Above Grade)Maximum Building HeightAccess WidthAccessory StructureAccessory Dwelling Unit (ADU)Attached Units AllowedMinimum Landscape StripRequired BuffersChild Care Facilities Require a Home Occupation LicenseAssisted Living CenterRE 1.00 43,560 125'70%50'20'25'1,500 2,600 35'30'P P 1.00 RP 2.50 12,000 100'70%30'10'25'1,400 2,400 35'30'P P 1.00 P5, P6 RP-A 2.50 10,000 90'70%30'10'25'1,200 2,000 35'30'P P 1.00 R-1 4.00 8,000 50'70%30'8'25'1,000 1,500 35'30'P P 1.00 P5, P6 R-1 prior to 6-27-13 4.00 5,000 80'70%30'8'25'1,000 1,500 35'30'P P 1.00 P5, P6 R1-A 4.00 5,000 sq ft/unit 100'70%30'8'25'1,000 1,500 35'30'P P 2.00 P5, P6 R-2 8.00 P1 100'65%30'8'25'900 1,300 35'30'P 4.00 10'P5, P6 R2-A 12.00 P2 100'65%30'8'25'1,100 40'30'P up to 8.00 10'Fence P5, P6 P R-3 16.00 P3 100'65%30'8'25'1,000 40'30'P up to 16.00 10'Fence P5, P6 P R3-A 20.00 P4 100'65%30'8'25'1,000 40'30'P up to 20.00 10'Fence P5, P6 P RMH 4.00 8,000 sq ft 50'70%30'8'25'1,000 35'30'P 1.00 MU 20' Not Permitted P Permitted P1 P2 P3 P4 P5 Family Child Care Facility - five (5) or fewer children P6 Group Child Care Facility - six (6) to twelve (12) children 10-37-2A RESIDENTIAL DISTRICT USES For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three or four dwelling units the minimum lot area is 18,000 square feet. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three or more dwelling units the minimum lot area is 5,600 sq. ft. plus 2,200 sq. ft. for each dwelling unit. Ammon Comprehensive Plan “This Ammon Comprehensive Plan is intended to guide development in the City of Ammon in a manner that achieves the shared vision expressed by its citizens for the future of their city, their communities, and their neighborhoods.” (p. 5) “The plan is intended to be used by elected officials, the Planning and Zoning Commission, and city administrators as a framework for residential, business, recreation, transportation, utility, and other development plans.” (p. 5) “An important purpose of the Ammon Comprehensive Plan is to empower the citizens of Ammon through their elected officials to manage the changes that will happen in the City, rather than allowing the future of the City and its communities and neighborhoods to be dictated by change that is left uncontrolled.” (p. 6) •Development on the foothills is generally proposed to be lower density; therefore, residential densities generally decrease further from regional commercial land uses and 25th East. Densities decrease as one travels farther from commercial land uses. •Residential densities are predominantly less than four units per acre. (p. 22) Chapter 10 –Land Use Current Zoning Map An obvious pattern can be seen on the current zoning map. Virtually everything east of 45th is low density residential. RE, RP, or RP-A Heavy Commercial is completely inappropriate for this location. •Heavy commercial is generally 10-60 acres, not 2.5 acres. •With the city’s policy of buffering between unlike zones, heavy commercial does not belong next to low-density residential. •The Proposed Land Use Map shows light commercial at this intersection sometime in the future. Our Recommendation •Assign RE zoning to the 17.9 acres to maintain the current housing pattern at this location, comply with the Comprehensive Plan, and minimize impact to taxpayers •Deny the request for HC-1 zoning on the 2.5 acres and re-address when an actual development proposal is submitted 2135 Scuth Arnmsfl Rcad, Anrrrron, ldah* 834S6 PUBLIC HEARING TESTIMOIIY REPRESENTATIW * SIGN-T}P SIIEET *A representative will be given a maximum of fifteen (15) minutes of testimony time. PLEASE PRINT OR WRITE LEGIBLY Name: ,1*o fha^ie &if$.A PhysicalAddress(notpostal), 4fr11 € ,St*nn\s.l<- Rl , My signature below affirms that any testimony or evidence I provide will be true and correct to the best of my knowledge and belief. Your Signature, tV.fh^r"A ,4 1{*J Public Hearing Number you wish to testifu on: 202&006 Date:0510612020 Select one from the following options: . Supporting the Application . Neutral . t/ Opposing the Application BELOW IS A LIST OF IIOW THE HEARING \ryILL PROCEED 1. Chairman will explain process and open hearing. 2. Staff will explain application and locate site. 3. Applicant will make presentation. 4. SUPPORTING testimony from public. 5. UNCOMh{ITTED or QUESTIONING testimony from public. 6. OPPOSING testimony from public. 7. Applicant rebuttal or explanafion in regards to testimony. 8. Chairman will close hearing. 9. Commission will deliberate and make a decision on application. Persons signing below acknowledge they have been given the oppcrtunity to testifii before the Planning and Zoning Commission of the City of Ammon. The signature below indicates their intent to waive that opportunity and to designate the above signed person as their representative as it pertains to testi$ring at the public hearing above named. PRINTNAME AI}DRESS SIGNATURE - trrr*a E.re,,r^a-41i.r+ €. fVTo-,e**,a \l*..r.IV 4to- as8 * qLbl I,*uxo P.n."ru.-,l Rnt -155* 3f;q3. J\r-,- X\r.r,-,.*.*L1513 E /l,.,esh'c- Vrzo.Dr.?R- 6'1-D-llLo l|hz- {Vrre,oor'*It 2D8, - 6t-o -Ltebt* . l.,s h A".tl 4*24 { |,il*is*'e Vo;Jr /]-o*.-1nl- 6lq1 7.=^)nnoo- R"h It 9ne- Ulq-b1n*7 . LlL,-^ Aolt tt It $t^i t Ha-rur LltnSa E Moroxhr- \/ir*l Ir 1-nR-?l^n - l3l? A^o^)o- llo.nu-r tt 2D*, - SGo * l3*7 I (..*i o Ne*,.r,*l 1 nR. * l.Ql -1t.^1 .lu,-lii Jv-^J lnR- 1r,${1-11-^q .1t-r^hzrr .S*,,"{-1,1 ll,r-t D^rJ*;Lr, \xl*,t "?nR- dt1 9.-4lzz . l; ll .(nn.,rr*it it , l.^ Vo,*or LIn*, ,\+^gi-n) .A r laR "- Lzl - OqqO &eoLu Elsie-r tl *"*t'", {*A)qq L6 I " )u 1,..,. .-L- L^ "2eZ - 15-7 -1?,u4 R*l,rir',^ , (oA)Ir l( l1^Jiror^^ Pr))h l( tfr'ril.r \r.[.]^L.Ll13L Lal.r h,"..L LY\1-n*.- 5Ll-q3?-L t Anlh-^v \r&l^h tl li tl1..,rx. (l',,*.,"38oo L[\orlen"- Lrivz-l-o$ * Stoo - 8-lq 5 <\ak* &u wra,in tt tl F"t Persons signfug below acknowledge they have been given the opportudty to testift before the Planning and Zoning Commission of the City of Ammon. The signature below indicates their intent to waive that opportunity and to designate the above signed person as their representative as it pertains to testifuing at the public hearing above named. PRINTNAME ADDRESS SIGNATI]RE L"r* hlatb "t8zs L-aLrhaok- l-,'.2-o8 - 'to$ - qR sZ Ash\e.r \nla.LL 1I il l:r*.*)u illa,pr,x,otr 41zr> l-n,lu l^-,^rL- I ^.8ot -54t -8,b17 L.,-u 'lrrn^|,r,^t rl *,;); R-u *1 11 lo M^.Jr"- Gf.ln\-151- Lazt i L[o-|"- ]rr.r l*It t W ^ Anol .(*,*;,J,.'414o l-,r,l.rin",{- l-w.? r*. - 1nn - n4V't \l^,,rh^lr*,.$.{L^.i ".L 1r \)b€rtt\ *"ler{""t tt8L{q Lil"'tl^o^,:tr Lr,r. 5\?&- 8o9 - lb8-l t\auiat A^Jertrr t\i( Tia ia-n A.r^oo,lo 483a L"Jut"*,:V L-'rt,51t*- qSo - 35t@a t*^+lntn *o.^n^rlw It at M^-, Vtrtent(Itl4lo -1. .<rnj E lnR-lmln-q),Al ^r, *ii*- )3n t(, R.,rllr- frrol<-'1n9". -(i?a - q{"Ri ntr"+t- Att.rJ it rl frxr+ -fu1^"-s LLI'L-L F;ai,l.*,$rvr e. f"l.,-h?-tn?t -A41tl V n r', ,r J-i o .slo .btaq &to R.l .t\*?nP- 4tn-1-a:)') Evir,- I io**e-,l 1, \h" *f,n, nA;!lo-l;1lr-, *iol" f,r.o,V* f L-4 n9. * AIQ -.6i.r-n Nt"r.l ,F,akL-1,;,^ \J541?, S Ji-r,nzc^ I?lls 4."LZa-St,o*5,11111 llcviri (atlrautt It ?-o8 -4o3 - 5s1fl M"-'i4hrr^-l .%r,tp,(U3q5 €'T?,,;a* (n-<*lo, Lann 51t - LLZ - obbo 7"L Persons signing below acknowledge they have been given the opportunity to testifr before the Planning and Zoning Commission of the City of Ammon. The signature below indicates their intent to waive that opportunity and to designate the above signed person as their representative as it pertains to testifuing at the public hearing above named. PRINTNAME AI}DRESS SIGNATURE Elonb,ll" &t-,roetr b1q,6 F---ti,*n.r (a-*14,r- Lo"*51t-Ll\-DLo{,o UMari (v, tLAn^s 5l5o E fnr,r,risk N-ZnX-5?-3-3-756 (ho*u .l")o-^s rl lt N^ oj-.r,,,-,^5o{r Sooo,u,r,.,) 4..7-A8"" 51S - oLl3 Arn".l I oin, n.-1(t.l P,,*J-i I n,o lq+< -Soor. l{o- l-^I id - 1Ll4 - 12,r1.^ Av,tre. N-a,^,^o.l 46L2 ; .<- * ^i-1,, l,^)-o2-F'?l-RRxt- t JL,*"1 vllp.[vr ffi11 W;a)b r^;- il.LoR-31o-oltJ lb,^*\re.r \ilzlllcr rl N, .;,n t\"-kl 5o4v A.n,.na^ At Lo?- 33n - 5'111 *":l; r*,*l^^r{ P,3 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Planning and Zoning Meeting: July 1, 2020 continued from June 3, 2020 meeting Chairman Malone and Commissioners Comprehensive Plan Land Use Map Amendment Department Head: Cindy Donovan, City Planner Recommendation - Staff recommends: approval Summary of Analysis - This hearing was continued from the June 3, 2020 meeting - Amend Comprehensive Plan Land Use Map to better demonstrate projected uses - Amend impact area to coordinate zones and to better demonstrate projected uses - Allow for commercial and higher density residential near arterials - Map represents amendments that have been discussed since July, 2019 and were proposed at the March, 2020 meeting. Notice - Published in the Post Register on Thursday, May 14, 2020 - Mailed letters to 18 public entities on Thursday, May 14, 2020 - No sign posting required - Public comment: No written testimony received, no verbal testimony at the initial hearing Compliance with Zoning Ordinance - Title 10 Chapter 4 – this chapter allows for individuals or the Commission to petition for amendments to the Comprehensive Plan Land Use Map Motion Approve “I move to recommend approval of the Comprehensive Land Use Map amendment, finding it is in compliance with the Comprehensive Plan and meets the City ordinance.” Deny “I move to recommend denial of the Comprehensive Plan Land Use Map amendment, finding it does not comply with the Comprehensive Plan or City ordinance.” Continue “I move to continue the Comprehensive Plan Land Use Map amendment until further details can be attained.” 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Attachments: 1. Comprehensive Plan Land Use Map 2. 10-4 Amendments 25th ELincoln Rd E 17th St E Sunnyside Rd S 45th ES Ammon Rd35th E25thE45th EE 1st St 49th S 35th EE S u n n y s i d e R d E 65th S25th E55th EBittern DrSFronti erDrNassauDr WilliamsLnAdam Dr Barton Ln S Clearfield LnEagle Dr Andrew Dr JudySt Sidehill Ln Greenwillow Ln LawnDaleDrB a rton C irMitchell Dr Ellendale Cir Upland StDeloy DrDeloy Dr Deloy DrE Bergeson Dr Deloy DrWackerli AveStreeter AveRay St T r e y d e n Dr Court Pl Indian Hollow Dr Kit Ln Deloy DrMaurine DrBlue Grass LnDeloy DrCastelli DrCamelot CtContor AveRobins AveFennec Ln Virginia Dr Botanical Dr Hillsdale Ln Clara Ct BitternDrTabitha Trl FalconDr Luv Pl E m p i r e L n A da m Ln Veil DrJordan Cir Treyden Cir A d a m L n Benchmark Cir Orchard Cir Ridgeview Cir Dakota LnFlath e a d LnDiamond CirTalmage StTeton St Eagle Dr E 17th St Marsala CirBoulder Creek LnRockwell Dr C asa G rande D rFarnsworth DrBeulahs LnEve DrBarton Ct Tawzer Way Belle Arbor DrKatieCtC o n tor Ave Jas o n D rCrimson DrLadino DrWillow Canyon Dr Circle S Dr Marion CirWard CirE Ladino Dr Midway AveCabellaro Dr Hidden HvnNBergesonDrC a s sid y D r Foothill Rd Crimson Dr Ba r ton P l Wanda StRobison DrYellowpine DrHeath Cir Triumph DrMoonstone DrLiberty DrEClearfieldLn Leihm Ln Adam DrMichelle St Thunder DrStonehaven DrWildwood LnSharptail Rd L a k efield CirSilkwood CirSGenevaDrCordell CirRemember DrE 21st St S Founders Pointe Dr Opal Cir E 17th StCross Ln Racquet Pl PtarmiganWayTeeplesDrDeerValleyDrDrystone DrSilverwood Cir Bungalow DrHeatherLn Ross Ave Greenfield Dr Bluestone Dr Edinburg CirCrawfordSt Heartland Cir Stafford CvHeather Cir Fieldstone Ct Georgia Ln Rulon Dr Senoma Cir Del Rio CirTerrill DrMatch Point DrEnsign DrNiel DrDaleen StMarjorie AveHol l owDrBridger DrSummerwoodLnSamuel St Silver Cir Buck TrlAlyson AveLarue AveStafford Cir E Hi gh Desert Dr Eight Mil e CirNewgate DrEastwood Cir Greenwood Cir Journee Cir FieldstoneDrAcer StBryanLn Sawtooth St Silverstone Dr Dixie St Jackson DrDenise AveAschli Ln Poa St Chippewa Ln Lily LnHolladay DrAnn Ave E 1st StTieBreakerDrAshland DrKimberly DrSalmon St Brennan PlSapphire Dr Oak Ridge Dr Bent Grass Dr PheasantDrTarghee St Red Fox DrRulon CirShelmar LnMarket Way52nd EDeonLnHidden Hutch DrStonegate DrSunflow er C irL ak efield LnWindsorDrBrownstone Cir QuailRidgeDrMansion Hill DrTravis WayRoss AveGreenwillow Ln Princess DrClayton St Brookstone Cir EmeryLnBriar Creek Ln Romrell LnBackhandDr Rocky Ridge Rd Wasatch Cir Oakhaven Deer Run Courtyard Cir Til d yCirLyn AveStonehaven Cir Kingswood CirMajestic CirJessica LnN 3750 EE 18th N Gateway CirCross Cir Owen St Hungarian WayUpland St E 19th N 20th N 36th E37th EMolen St W indmill Dr21st N Southwick Ln Wimbledon Cir Rawson St Rose Dale LnN Northwind DrN 62nd EOakmeadow CirWalton AveDeer Mdw Brome St Cherrywood CirCobie LnAmber Ln Christy Ln R o bin s A ve Glenn Cove Ct Mobile Dr Brettonwood Mar ci aDrDevonwood Ileen CirMorning M is tD rMajestic View Dr31st EAbigailCtLa uraCirSundance Cir E F r o ntier Dr Tranquil Dr Wagonwheel Cir Holladay Cir Chasewood Dr Ridgewood DrStubblefield Ct Wheatfield LnLost River RdEaglesHomesteadDrStevensDrStonewood Cir Hillam DrN 60th EButterflyDrDeerRiv John Adams Pkwy Brennan Bnd Mason St C a b a na Dr Whiting WayEagle DrS Bobwhite DrE Rancho Via Dr Obryant St Millcr e e k L n 1850 N Garnet St Cabellaro DrPearce Dr Deer Crk Forest Glen DrAuburnAve Sag e HenCtEagle Pointe DrStafford Dr Lindee Ln Dal AveR a n d y Dr Mirinda Ln Tildy Ln Birchwood Cir Indio DrArd DrNatalie St San Carlos St SageHenLnPartridgeW a yAvocet DrSparrowHawkDrLeroy Dr E Geneva Dr E 21st S Clayton St Hayden Pl Harding LnCapstone Dr Goldstone Dr Vaughn St S 60th ECordellDr Mathews Dr Madeline Dr Bracken Way Aspen LnMeadow LnE Bobwhite Dr MidwayAveWestern AveMonte Vista AveFairview Dr Wayne AveCentral AveRomrell LnCurlewDrOdyssey DrChartwell GdnLakewood AveJensenDrLance St E F o unders Pointe Dr Derrald Ave SHighDes ert Dr Brianne Ave Sweet Water WayC o tt o n tr e e L n E 21st SClaryAve Vintage LnDove DrChimne y RockDrWilson DrRich LnBarn Wood DrFalconDrDeer Strm Portal Stone DrJill St Hammerstone DrCo r y L nHeath LnRive rB endRdCreighton WayMarbrisa LnContorAveSpartina St Laurelwood DrTennisCourtDr9th N BlossomDrLorna Ave Bob-O-LinkDrTrailwood DrAutumnwoodDrSpencerLnSFoundersPointeDrS Rancho Via DrLydia St Cochise Dr Marlene St Lady Hawk LnDeborahDr Maiben AveSerenityLnCornerstoneDrEden DrTaylorview LnCarolyn LnS Rimrock DrE 14th N McCowin LnValverde St49th SSabin DrW illo w R i dge Dr E 1st St Bailey Ln Rimrock Dr Brookfield LnAmy LnSchwi ederLnE 21st S Foothill Rd52nd ETracy Bono, City Engineer, tbono@ci.ammon.id.us (208) 612-4028 ~ Carol Ellison, GIS Specialist, cellison@ci.ammon.id.us (208) 612-4056 THE CITY OF AMMON DISCLAIMS ANY WARRANTY OF FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT. Legend Impact Boundary Ammon Boundary Railroad Street Mixed Use Cemetery Park/Green Space Church School Industrial Light Commercial Heavy Commercial Low Density Residential Med Density Residential Med-High Density Residential High Density Residential µDate: 6/1/2020 Adopted May 17, 2018 - Resolution 2018-005R, Hearing 2018-006Adopted January 16, 2020 - Resolution 2020-001R, Hearing 2020-001 Comprehensive Land Use Page 1 of 2 Revised 12-21-17 CHAPTER 4 AMENDMENTS SECTION: 10-4-1: Ordinance and Map May be Amended 10-4-2: Petition to Planning Commission 10-4-3: Amendments to be in Harmony with Land Use Plan 10-4-4: Public Hearing Required by City Council--Notice 10-4-5: Protest 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, but all proposed amendments shall be submitted first to the Planning Commission for its recommendations, which recommendations shall be submitted to the City Council for its consideration. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. 10-4-2: PETITION TO PLANNING COMMISSION: Persons seeking an amendment of the zoning ordinance or map shall submit to the Planning Commission a written petition 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 petition, the Planning Commission shall consider the request. The Planning Commission shall call a public hearing upon such matters as are required to be heard by the Planning Commission under law and may call a public hearing on other matters, in the commission's discretion before submitting its recommendations to the City Council. The Planning Commission may also recommend amendments to the ordinance and map to the City Council on its own initiative. 10-4-3: AMENDMENTS TO BE IN HARMONY WITH LAND USE PLAN: Before recommending an amendment to the ordinance, it must be shown that such amendment is reasonably necessary, is in the interest of the public and is in harmony with the Land Use Plan adopted by the City Council. Failure on the part of the Planning Commission to make recommendations within thirty (30) days from the date of receipt of the petition by the Building Official shall be deemed to constitute approval of such proposed amendment unless a longer period is granted by the City Council. The fee provided herein shall not be returnable. 10-4-4: PUBLIC HEARING REQUIRED BY CITY COUNCIL--NOTICE: Amendments to the ordinances of this title, the zoning map, the long range plan or long range planning map may be adopted only after a public hearing has been held in relation thereto by the City Planning and Zoning Commission with recommendations made by the Commission to the City Council. Notice of the time and place of such hearing shall be published in the official newspaper of the city as provided in Section 67-6509 of the Idaho Code and in addition thereto in the case of a zoning district boundary Page 2 of 2 Revised 12-21-17 change or annexation, additional notice shall be provided by mail to property owners or purchasers of record within the land being considered and within 500 feet of the external boundaries of the land being considered. The City Council as the governing board may in its discretion conduct at least one (1) public hearing in addition to the public hearing conducted by the Commission under the same notice and hearing procedures as herein provided. The governing board may act upon the recommendation of the Planning and Zoning Commission or as it determines, order an additional hearing and may then act using evidence provided by the Commission and information provided at a City Council hearing. As the governing board they may adopt, reject, repeal or amend the proposed zoning or map ordinance amendments. 10-4-5: PROTEST: In the case of a protest against a change in the zoning ordinance or map, signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change or of those immediately adjacent to the rear thereof, extending three hundred (300) feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of at least three-fourths (3/4) of all members of the City Council.