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10.01.2020CouncilPacket 2'8'9'4'8" 1'-0 1/2" 49' 48'1' 21'-3"8'-1"18'-8" 4'-1"4' 1' 2' 13'-2 1/2" 21'1'-5" Footing Center Of 21'4'-4"4'18'-8"1' 1' 2' 13'-2 1/2" 21'-3" Footing Center Of 21'-3"4'-1"4'18'-8"1' 1' 2' 13'-2 1/2" 21'1'-5" Footing Center Of 21'4'-4"4'18'-8"1' 1' 2' 13'-2 1/2" 21'-3"8'-1"19'-8" 49' 49' 48'1' 21'8'-6"18'-6" 48.5" to cntr 3'-8"3'-8" 1' 2' Floor Joist Direction 4'6'-9"8'-11" 6'2'-6" 2'-10" 10'-8" 8'-6"18'-6"1' 3'-8"3'-8" 1' 2' Floor Joist Direction 3' 4' 6'-9"8'-11" 6'2'-6" 2'-10" 10'-8" 8'-6"18'-6"1' 3'-8"3'-8" 1' 2' Floor Joist Direction 4'6'-9"8'-11" 6'2'-6" 2'-10" 10'-8" 8'-6"18'-6"1' 3'-8"3'-8" 1' 2' Floor Joist Direction 4' 6'-9"8'-11" 6'2'-6" 10'-8" 21'2'-10"5'-4"19'-10" 49' 48' 46'2' 1'-2" 10'-6"3'-10"5'7'-8"5'-2"3'-4"9'-4" 3'-8"3'-8"5'-2"3'-4"9'-4" Shelves 9'-11"4'-1"6'-6"3'-8"4'4'-2"1'5'3'-10"3'-10"2' 7"2'-5"7'-7"11'-10"15'-8" 48.5" to cntr 3'-8"3'-8"5'-2"3'-4"9'-4"2' Shelves 2'-5"7'-7"3'-8"4'5'-2"5'3'-10"3'-10"2' 7" 9'-11"4'-1"6'-6"10'-2" 1'-8"15'-8" 1'-2" 1'-2" 3'-8"3'-8"5'-2"3'-4"9'-4"2' 7" Shelves 9'-11"4'-1"6'-6"3'-8"4'4'-2"1'5'3'-10"3'-10"2' 7"2'-5"7'-7"11'-10"15'-8" 3'-8"3'-8"5'-2"3'-4"9'-4"2' Shelves 2868 2'-5"7'-7"3'-8"4'4'-2"1'5'3'-10"3'-10"2' 7" 4'-1"4'-2" 9'-11"6'8'-2"15'-8" 4'-9"4'-9" 10'-6"3'-10"5'2'-4"9'-6"15'-8" 1'-2" 48' 48.5" to cntr Max Height 10'-0" Max Total Wall Height 12'-0" 1' 3'8" 15'-9 1/2"8'9'4' 1'-0 1/2" 6'-8" 3' 7 3/8" Ammon City Council October 1, 2020 Mayor Coletti and City Councilmembers, Discussion and Consideration of Ordinance 646, Amending Title 11 Staff Presenting Micah Austin, City Administrator Recommendation -Staff recommends the City Council discuss the proposed amendments to Title 11. If there are no concerns, staff recommends adopting Ordinance 646. Summary of Analysis -In August 2019, Ordinance 623 established Title 11 which outlines the procedures for annexation. -The City Council discussed Ordinance 623 on August 1, 2019 and on August 15, 2019 at their regular city council meetings. On August 15, 2019, the City Council conducted a public hearing on Ordinance 623 which would establish the first annexation procedures ordinance for the City of Ammon. No public comments were received at this public hearing or subsequent meetings. ¼Mmf ˆ„z f zk Mn‡vf ßß n fbf„‡fd Y kzvvzŽ ¬ °Mmf *n‡ zk !wwzx knxd ‡mY‡ ‡mY‡ ‡mf establishment of annexation procedures will promote uniformity and certainty in annexation applications and that the establishment of annexation procedures will promote the public mfYv‡mª Ykf‡ Yxd lfxf„Yv ŽfvkY„f­± -This new ordinance, Ordinance 646, amends portions of Title 11 to more fully align with State Code as it relates to annexations and reconsideration. -The objectives of the ordinance remain unchanged. Attachments: 1.Redlined version of Ordinance 646 2.Ordinance 646 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage | 1 CITY OF AMMON ORDINANCE NO. 646 AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AMENDING TITLE 11 TO CLARIFY ANNEXATION PROCEDURES AND TO ALIGN WITH STATE CODE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE. WHEREAS, Idaho law recognizes that annexation of real property into a municipality is a discretionary act and is not subject to the Local Land Use Planning Act, Idaho Code §§ 67-6501 f‡ fƒ­; and WHEREAS, notwithstanding the discretionary nature of annexation request, the Mayor and the City Council of the City of Ammon desire to amend the procedures for annexation applications and reviews of annexation applications; and WHEREAS,theMayorandtheCityCouncilfindthattheestablishmentofannexationprocedures promotes uniformity and certainty in annexation applications; and WHEREAS,theMayorandtheCityCouncilfindthattheamendmentofannexationprocedures asestablishedbythisordinanceisconsistentwiththeproceduresestablishedinIdahoCode§50-222; and WHEREAS,theMayorandtheCityCouncilfindthattheamendmentoftheannexation procedures will promote the public health, safety and general welfare, NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITYCOUNCILOFTHECITYOF AMMON, IDAHO, AS FOLLOWS: Section 1.AMENDMENT. AmmonMunicipalCode,Title11,isamendedwiththefollowing language: 11-1-1TITLE. Mmn ‡n‡vfzk‡mf!wwzx*zdf mYvvafYxdwYafuxzŽxY °Mmf !xxfY‡nzx A„dnxYxbf zk !wwzxª 6dYmzª± Yxd wY af z bn‡fd Yxd vfYdfd­ 11-1-2PURPOSE. TheCityofAmmonfindsthattheestablishmentofannexation procedureswillpromoteuniformityandcertaintyinannexationapplicationsandthattheestablishment ofannexationprocedureswillpromotepublichealth,safetyandgeneralwelfare.Thisordinanceis intendedtoencouragecollaborationbetweenpropertyownersandcityofficialswhenconsideringany applicationforanannexationrequestinordertoarriveatthemostsustainableoutcomeforthe community.UnlesstherearecompellingreasonswhichtheCityAdministratorandPlanningandZoning Administratorgiveawrittenwaiver,theapplicantshallsubmitplansandapplicablestudiesforall componentsoftheproposedannexation.Theannexationprocess,asdescribedandrequiredbythis ordinance, is collaborative. 11-1-3APPLICABILITY. 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. If the -1- annexation is initiated by any taxing district, including the City of Ammon, the provisions of this Chapter shall not govern. 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 °!dwnxn ‡„Y‡z„±Ã a ‡mf zŽxf„ zk ‡mf „fYv „zf„‡ z„ a Y‡ vfY ‡ zxf mzvdf„ zk Yx nx‡f„f ‡ nx „fYv 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 draftsmanlike manner that designates the boundaries of annexed property to be recorded with the county recorder pursuant to state law. 11-1-5CONCURRENT 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 *n‡¯ z„dnxYxbf ˆxvf Yxd ˆx‡nv ‡mf YvnbY‡nzx kz„ YxxfY‡nzx mY affx Y„zfd Yxd Yx YxxfY‡nzx ordinance has been adopted and published in accordance with state law. 11-1-6SUBMITTAL REQUIREMENTS FOR ANNEXATIONS 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. 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). -2- 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 if requested by the Administrator, City Engineer, Planning and Zoning Commission, or the City Council. If these requirements are waived during the application process, they shall be required after annexation but prior to submission of any preliminary plat for the subject property. 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. 6.A fiscal impact analysis or an updated fiscal impact analysis showing a comprehensive analysis of the costs and benefits of annexation of 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 Yxd Xzxnxl *zwwn nzx °*zwwn nzx±Ã­ Mmf kn bYv nwYb‡ YxYv n mYvv af „fY„fd a a qualified and independent person or firm acceptable by the City Council and in a kz„wY‡ Ybbf‡Yavf a ‡mf *n‡ *zˆxbnvª ‡z df‡f„wnxf ‡mf „zz fd YxxfY‡nzx¯ nwYb‡ 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 require further monetary or non-monetary contributions for any annexation. The applicant has the right to seek ‡mf *n‡¯ Y„zYv zk ˆbm Y kn bYv nwYb‡ ‡ˆd Y‡ Yx znx‡ nx ‡mf YxxfY‡nzx „zbf ­ 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. >­! vn ‡ zk xYwf Yxd wYnvnxl Ydd„f f zk Yvv „zf„‡ zŽxf„ Žn‡mnx ‡m„ff mˆxd„fd kff‡ ÂáÞޯà zk the external boundaries of the proposed annexation and the names and mailing addresses of all easement holders within the proposed annexation. -3- 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 ‡mf YvnbY‡nzx n „fnfŽfd a ‡mf !wwzx HvYxxnxl Yxd Xzxnxl *zwwn nzx °*zwwn nzx±Ã­ 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 „zz fd YxxfY‡nzx¯ nwYb‡ Yxd ‡z „fbzwwfxd Yx Yddn‡nzxYv kff Ynd ‡z ‡mf *n‡ ‡z 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 require further monetary or non-monetary contributions for any annexation. The applicant has the „nlm‡ ‡z ffu ‡mf *n‡¯ Y„zYv zk ˆbm Y kn bYv nwYb‡ ‡ˆd Y‡ Yx znx‡ nx ‡mf YxxfY‡nzx 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. 11-1-7SUBMITTAL REQUIREMENTS FOR ANNEXATIONS LESS THAN TEN (10) ACRES. For annexations involving less than ten (10) acres of real property, except for application fees, the Administrator may waive any of the application requirements listed in Section 11-1-6 at their sole and absolute discretion based on the size, scope, complexity, relevant previous studies, relevant previous applications, and known impacts of the proposed annexation. The Planning and Zoning Commission and ‡mf *n‡ *zˆxbnv wY „ff„ f ‡mf !dwnxn ‡„Y‡z„¯ dfbn nzx kz„ Yx ŽYnfd YvnbY‡nzx n‡fw Yxd „fƒˆn„f any of the items listed in Section 11-1-6 upon finding that their submittal is required to complete their review of the annexation application request. 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 ‡mf !wwzx HvYxxnxl Yxd Xzxnxl *zwwn nzx °*zwwn nzx±Ã Y‡ n‡ xf‡ „flˆvY„ YYnvYavf wff‡nxl kz„ review of the application by the Commission. 11-1-9 NOTICE. Notice of a public hearing shall be provided according to Idaho Code Title 67, Chapter 65. The City Clerk shall mail to each addressee in the list furnished by the applicant a copy of the notice of the time and place of the hearing at least fifteen (15) days before the date set for a hearing. The applicant has the burden of providing to the City an updated and correct list of property owners during the public hearing process. The applicant shall reimburse the City for all mailing costs and publication costs associated with providing notice hereunder. Any notice for annexation which is mailed and published shall contain: 1.The time and place of the hearing. 2.A brief description of the land which is the subject of the matter to be heard. 3.The purpose of the hearing and the proposed uses for the land. 4.Any other information, required by the Administrator, which is necessary or desirable in the public interest or any other requirements of the Ammon City Code and Idaho State Statute as the same may be amended from time to time. 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: -4- (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 YvnbY‡nzx¯ lfxf„Yv bzwvnYxbf Žn‡m ‡mf !wwzx *zw„fmfx nf HvYx Yxd ‡z ‡mf *zwwn nzx¯ recommendation for zoning. The Commission shall forward those findings and conclusions and their recommendation in writing to the Council and the applicant. 11-1-11COUNCIL REVIEW. !­*zxdˆb‡ Yxd ?z‡nbf zk *zˆxbnv 5fY„nxl­ Nzx „fbfn‡ zk ‡mf *zwwn nzx¯ knxdnxl zk kYb‡ Yxd conclusions of law, the Council shall may, but is not required to, schedule a public hearing to review the application for annexation. Notice of the public hearing shall be conducted in the same manner as the notice for a Commission hearing as described in this title. The Council shall have the right to request further information deemed necessary by the Council at any time during the proceedings. B.Findings. During the public hearing process of the application for annexation, the Council shall make its own findings of fact and conclusions of law to determine: 1.Whether the proposed annexation will be harmonious and in accordance with the Ammon Comprehensive Plan 2.Whether the proposed annexation protects and improves the public health, safety, and welfare. 3.Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Ammon at the time of an annexation and in the future. If the Council finds general compliance with the Ammon Comprehensive Plan, the Council shall then consider the application for a zoning classification and consider any and all factors it deems, in its sole and absolute discretion, important to determine whether an application for annexation shall be granted or denied. If the Commission made negative findings related to the Comprehensive Plan and therefore did not make a recommendation on zoning classification for the property sought to be annexed, but the Council subsequently made favorable findings related to the Comprehensive Plan and wishes to proceed with the annexation, the Council shall remand the proceedings to the Commission for its recommendation on zoning classification. C.Decision. The Council has the sole and absolute discretionary right to approve, approve with conditions or deny an application for annexation. a.Annexation Agreement. The City Council is authorized to require, as a condition of approval, that the applicant and the City enter into an annexation agreement providing for the terms and conditions of an approved annexation. The annexation agreement may include any mitigation measures deemed appropriate by the City Council to address concerns raised during the application process. In the event a subsequent development proposal materially differs from the development shown in approved annexation, the annexation agreement shall provide that the proposed development may be denied, that the applicant shall be responsible for any increased annexation fees and/or that the property may be deannexed. There shall be no right of an appeal by an applicant or by an affected party from an adverse recommendation by the Commission or from an adverse decision of the Council on an annexation application. b.Zoning Designation. If the Council elects to approve the application for annexation with or without conditions, the Council shall also establish the appropriate zoning district(s) -5- for the annexed property in accordance with the Zoning Ordinance of the City of Ammon. D.Reconsideration. Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. Section 2.SEVERABILITY CLAUSE. If any section, paragraph, sentence or provision hereof or the application thereof to any particular circumstances shall be held invalid or unenforceable, such holding shall not affect the remainder hereof, which shall continue in full force and effect and applicable to all circumstances to which it may validly apply. Section 3.REPEALER CLAUSE. All Ordinances or Resolutions or parts thereof in conflict herewith are hereby repealed and rescinded. Section 4.EFFECTIVE DATE. This Ordinance shall be in full force and effect after its passage, approval and publication according to law. PASSED AND ADOPTED BY THE AMMON CITY COUNCIL and signed by the Mayor this _____ day of October, 2020. ________________________ ATTEST:Sean Coletti, Mayor City of Ammon ___________________________ Kristina Buchan, City Clerk -6- CITY OF AMMON ORDINANCE NO. 646 AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AMENDING TITLE 11 TO CLARIFY ANNEXATION PROCEDURES AND TO ALIGN WITH STATE CODE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE. WHEREAS, Idaho law recognizes that annexation of real property into a municipality is a discretionary act and is not subject to the Local Land Use Planning Act, Idaho Code §§ 67-6501 f‡ fƒ­; and WHEREAS, notwithstanding the discretionary nature of annexation request, the Mayor and the City Council of the City of Ammon desire to amend the procedures for annexation applications and reviews of annexation applications; and WHEREAS,theMayorandtheCityCouncilfindthattheestablishmentofannexationprocedures promotes uniformity and certainty in annexation applications; and WHEREAS,theMayorandtheCityCouncilfindthattheamendmentofannexationprocedures asestablishedbythisordinanceisconsistentwiththeproceduresestablishedinIdahoCode§50-222; and WHEREAS,theMayorandtheCityCouncilfindthattheamendmentoftheannexation procedures will promote the public health, safety and general welfare, NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITYCOUNCILOFTHECITYOF AMMON, IDAHO, AS FOLLOWS: Section 1.AMENDMENT. AmmonMunicipalCode,Title11,isamendedwiththefollowing language: 11-1-1TITLE. Mmn ‡n‡vfzk‡mf!wwzx*zdf mYvvafYxdwYafuxzŽxY °Mmf !xxfY‡nzx A„dnxYxbf zk !wwzxª 6dYmzª± Yxd wY af z bn‡fd Yxd vfYdfd­ 11-1-2PURPOSE. TheCityofAmmonfindsthattheestablishmentofannexation procedureswillpromoteuniformityandcertaintyinannexationapplicationsandthattheestablishment ofannexationprocedureswillpromotepublichealth,safetyandgeneralwelfare.Thisordinanceis intendedtoencouragecollaborationbetweenpropertyownersandcityofficialswhenconsideringany applicationforanannexationrequestinordertoarriveatthemostsustainableoutcomeforthe community. The annexation process, as described and required by this ordinance, is collaborative. 11-1-3APPLICABILITY. 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. If the annexation is initiated by any taxing district, including the City of Ammon, the provisions of this Chapter shall not govern. -1- 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 °!dwnxn ‡„Y‡z„±Ã a ‡mf zŽxf„ zk ‡mf „fYv „zf„‡ z„ a Y‡ vfY ‡ zxf mzvdf„ zk Yx nx‡f„f ‡ nx „fYv 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 draftsmanlike manner that designates the boundaries of annexed property to be recorded with the county recorder pursuant to state law. 11-1-5CONCURRENT 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 *n‡¯ z„dnxYxbf ˆxvf Yxd ˆx‡nv ‡mf YvnbY‡nzx kz„ YxxfY‡nzx mY affx Y„zfd Yxd Yx YxxfY‡nzx ordinance has been adopted and published in accordance with state law. 11-1-6SUBMITTAL REQUIREMENTS FOR ANNEXATIONS 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. 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. -2- L.The following studies shall be submitted if requested by the Administrator, City Engineer, Planning and Zoning Commission, or the City Council. If these requirements are waived during the application process, they shall be required after annexation but prior to submission of any preliminary plat for the subject property. 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. 6.A fiscal impact analysis or an updated fiscal impact analysis showing a comprehensive analysis of the costs and benefits of annexation of 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 Yxd Xzxnxl *zwwn nzx °*zwwn nzx±Ã­ Mmf kn bYv nwYb‡ YxYv n mYvv af „fY„fd a a qualified and independent person or firm acceptable by the City Council and in a kz„wY‡ Ybbf‡Yavf a ‡mf *n‡ *zˆxbnvª ‡z df‡f„wnxf ‡mf „zz fd YxxfY‡nzx¯ nwYb‡ 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 require further monetary or non-monetary contributions for any annexation. The applicant has the right to seek ‡mf *n‡¯ Y„zYv zk ˆbm Y kn bYv nwYb‡ ‡ˆd Y‡ Yx znx‡ nx ‡mf YxxfY‡nzx „zbf ­ 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. 11-1-7SUBMITTAL REQUIREMENTS FOR ANNEXATIONS LESS THAN TEN (10) ACRES. For annexations involving less than ten (10) acres of real property, except for application fees, the Administrator may waive any of the application requirements listed in Section 11-1-6 at their sole and absolute discretion based on the size, scope, complexity, relevant previous studies, relevant previous applications, and known impacts of the proposed annexation. The Planning and Zoning Commission and ‡mf *n‡ *zˆxbnv wY „ff„ f ‡mf !dwnxn ‡„Y‡z„¯ dfbn nzx kz„ Yx ŽYnfd YvnbY‡nzx n‡fw Yxd „fƒˆn„f any of the items listed in Section 11-1-6 upon finding that their submittal is required to complete their review of the annexation application request. -3- 11-1-8CERTIFICATION 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 ‡mf !wwzx HvYxxnxl Yxd Xzxnxl *zwwn nzx °*zwwn nzx±Ã kz„ „fnfŽ zk ‡mf YvnbY‡nzx a ‡mf Commission. 11-1-9 NOTICE. Notice of a public hearing shall be provided according to Idaho Code Title 67, Chapter 65. 11-1-10COMMISSION 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 YvnbY‡nzx¯ lfxf„Yv bzwvnYxbf Žn‡m ‡mf !wwzx *zw„fmfx nf HvYx Yxd ‡z ‡mf *zwwn nzx¯ recommendation for zoning. The Commission shall forward those findings and conclusions and their recommendation in writing to the Council and the applicant. 11-1-11COUNCIL REVIEW. !­*zˆxbnv 5fY„nxl­ Nzx „fbfn‡ zk ‡mf *zwwn nzx¯ knxdnxl zk kYb‡ Yxd bzxbvˆ nzx zk vYŽª ‡mf Council may, but is not required to, schedule a public hearing to review the application for annexation. Notice of the public hearing shall be conducted in the same manner as the notice for a Commission hearing as described in this title. The Council shall have the right to request further information deemed necessary by the Council at any time during the proceedings. B.Findings. During the public hearing process of the application for annexation, the Council shall make its own findings of fact and conclusions of law to determine: 1.Whether the proposed annexation will be harmonious and in accordance with the Ammon Comprehensive Plan 2.Whether the proposed annexation protects and improves the public health, safety, and welfare. 3.Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Ammon at the time of an annexation and in the future. If the Council finds general compliance with the Ammon Comprehensive Plan, the Council shall then consider the application for a zoning classification and consider any and all factors it deems, in its sole and absolute discretion, important to determine whether an application for annexation shall be granted or denied. If the Commission made negative findings related to the Comprehensive Plan and therefore did not make a recommendation on zoning classification for the property sought to be annexed, but the Council subsequently made favorable findings related to the Comprehensive Plan and wishes to proceed with the annexation, the Council shall remand the proceedings to the Commission for its recommendation on zoning classification. -4- C.Decision. The Council has the sole and absolute discretionary right to approve, approve with conditions or deny an application for annexation. a.Annexation Agreement. The City Council is authorized to require, as a condition of approval, that the applicant and the City enter into an annexation agreement providing for the terms and conditions of an approved annexation. The annexation agreement may include any mitigation measures deemed appropriate by the City Council to address concerns raised during the application process. b.Zoning Designation. If the Council elects to approve the application for annexation with or without conditions, the Council shall also establish the appropriate zoning district(s) for the annexed property in accordance with the Zoning Ordinance of the City of Ammon. D.Reconsideration. Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. Section 2.SEVERABILITY CLAUSE. If any section, paragraph, sentence or provision hereof or the application thereof to any particular circumstances shall be held invalid or unenforceable, such holding shall not affect the remainder hereof, which shall continue in full force and effect and applicable to all circumstances to which it may validly apply. Section 3.REPEALER CLAUSE. All Ordinances or Resolutions or parts thereof in conflict herewith are hereby repealed and rescinded. Section 4.EFFECTIVE DATE. This Ordinance shall be in full force and effect after its passage, approval and publication according to law. PASSED AND ADOPTED BY THE AMMON CITY COUNCIL and signed by the Mayor this _____ day of October, 2020. ________________________ ATTEST:Sean Coletti, Mayor City of Ammon ___________________________ Kristina Buchan, City Clerk -5- Summary of ORDINANCE NO. 646 CITY OF AMMON BONNEVILLE COUNTY, IDAHO AN ORDINANCE OF THE CITY OF AMMON, IDAHO, AMENDING TITLE 11 TO CLARIFY ANNEXATION PROCEDURES AND TO ALIGN WITH STATE CODE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE.. A full text of Ordinance No. 646 is available at the Office of the City Clerk and will be made available to any citizen upon personal request during normal business hours. DATED this 1st day of October, 2020. CITY OF AMMON, IDAHO By:_________________________________ Sean Coletti, MAYOR ATTEST: By:________________________________ Kristina Buchan, City Clerk Ihavereviewedtheforegoingsummaryandbelieveitprovidesatrueandcompletesummary ofOrdinanceNo.646,andthatthesummaryprovidesadequatenoticetothepublicofthe contents of this ordinance. DATED this 1 day of October, 2020. By:________________________________ Scott R. Hall, City Attorney Ammon City Council October 1, 2020 Mayor Coletti and City Councilmembers: Resolution 2020-13R: Road Closure and Road Cut Standards Staff Presenting: Micah Austin, City Administrator Tracy Bono, City Engineer Recommendation -Staff recommends adoption of Resolution 2020-13R to make the road closure and road cut process more consistent and enforceable. Summary of Analysis 1.The City of Ammon does not currently have written standards for how to handle road closure requests and road cut requests. 2.While staff has endeavored to be consistent with all applicants and contractors in regards to road closure and road cuts, establishing written standards would assist in management of these projects and enforcement of any violations. 3.Among other things, Resolution 2020-13R requires the following noticing requirements for any hard closures (closed to all traffic): Full Road Closure Requirements (Hard Closure) Notice and Signage. i.Advance Notice. A minimum 48 hour advance notice is required. ii.Signage. In addition to any signage required by the TCP, the applicant must physically post notice signage at two locations at the closure site. Signage shall address opposing directions of traffic. iii.Electronic Notice. City of Ammon must post a notice on city social media accounts. iv.Costs. Applicant is responsible for all costs associated with noticing and traffic control for road closures. Financial Impact -Adoption of this resolution and subsequent enforcement of the standards will result in a positive financial impact. The city will collect more fees for road cuts and encroachments and will have the ability to seek additional funds from applicants that do not restore a roadway to its original condition. Motion °6 wzf ‡z Y„zf Kf zvˆ‡nzx àÞàÞ¼ÞßáK Attachments: 1.Resolution 2020-013R 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage | 1 RESOLUTION NUMBER 2020-013R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMMON, IDAHO ESTABLISHING PROCEDURAL STANDARDS FOR ROAD CLOSURE AND ROAD CUTS WITHIN THE CITY OF AMMON WHEREAS, Title 8, Chapter 5 of the Codified Ordinances of the City of Ammon regulates the construction and alteration of public roadways and rights-of-way within the City of Ammon; and WHEREAS, the Mayor and City Council of the City of Ammon find that the establishment of standards for road closures and road cuts is in the best interests of the citizen of the community; and WHEREAS, well-maintained and constructed roads and public rights-of-way benefit the entire community and require less public investment over time; NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of Ammon, Idaho that the following policies for administration of Road Closure and Road Cut Standards are adopted. Road Closure and Road Cut Standards Section 1. Full Road Closure Requirements (Hard Closure) 1.Application. a.Right of Way Encroachment application must be Y„zfd and fees paid no earlier than seven (7) days in advance of the closure date. 2.Traffic Control Plan (TCP). a.A traffic control plan (TCP) is required and must be submitted with the application. The TCP must be approved by the City Engineer prior to any closure. 3.Notice and Signage. a.Advance Notice. A minimum 48 hour advance notice is required. b.Signage. In addition to any signage required by the TCP, the applicant must physically post notice signage at two locations at the closure site. Signage shall address opposing directions of traffic. c.Electronic Notice. City of Ammon must post a notice on city social media accounts. d.Costs. Applicant is responsible for all costs associated with noticing and traffic control for road closures. 4.Damages. a.The applicant shall restore the public roadway to an equal or greater condition following completion of their project. The City Engineer shall inspect any alterations to the public roadway after completion of construction and determine if the applicant has restored the public roadway to an equal or greater condition. If the roadway is not restored to an equal or greater condition, the City Engineer shall assess any fees to the applicant necessary to restore the roadway. Section 2. Partial Road Closure Requirements (Soft Closure) 1.Application. a.Right of Way Encroachment application must be approved and fees paid no earlier than seven (7) days in advance of the closure date. 2.Traffic Control Plan. a.A traffic control plan (TCP) is required and must be submitted with the application. The TCP must be approved the City Engineer prior to any closure 3.Notice and Signage. a.Advance Notice. None. b.Signage. Signage shall be posted as required by the TCP. c.Electronic Notice. At the recommendation of the City Engineer, notice may be posted on City of Ammon social media accounts. d.Costs. Applicant is responsible for all costs associated with noticing and traffic control for road closures. 4.Damages. a.The applicant shall restore the public roadway to an equal or greater condition following completion of their project. The City Engineer shall inspect any alterations to the public roadway after completion of construction and determine if the applicant has restored the public roadway to an equal or greater condition. If the roadway is not restored to an equal or greater condition, the City Engineer shall assess any fees to the applicant necessary to restore the roadway. Section 3. Road Cut Fees. 1.Prior to cutting or trenching across any public roadway, the Road/Street Cut Fee, as adopted by the City Council, shall be paid by the applicant. Road/Street Cut Fees shall be paid Section 4. Exemptions. 1.In the event that the health, safety, and welfare of the public is at risk and a road closure is necessary, the City Engineer may waive any of the requirements in this standard. This Resolution will be in full force and effect upon its adoption this ____ day of _____, 2020. CITY OF AMMON ______________________________ Sean Coletti, Mayor ATTEST: _________________________ Kristina Buchan,City Clerk Ammon City Council October 1, 2020 Mayor Coletti and City Councilmembers: Rescission of Findings of Fact, Conclusions of Law and Decision for Robertson Annexation Rescission of Ordinance 642 Rescission of Annexation Agreement with Robertson Corner LLC Staff Presenting: Micah Austin, City Administrator Cindy Donovan, City Planner Recommendation -Staff recommends rescinding the following: oFindings of Fact, Conclusions of Law and Decision for the Robertson Annexation, also known as the Rocking R Subdivision Annexation o Ordinance 642 o Annexation Agreement with Robertson Corner LLC Summary of Analysis 1.On September 3, 2020, the City Council approved the Robertson Annexation (also known as the Rocking R Subdivision Annexation) request by adopting the Findings of Fact, Conclusions of Law and Decision for this request. In connection with this approval, the City Council also adopted Ordinance 642 which annexed the property into corporate limits and established zoning designations for property. As a condition of the annexation, the City Council approved the Annexation Agreement with Roberson Corner LLC which provided standards and conditions of the annexation. 2.After review of the procedures associated with the Robertson Annexation (also known as the Rocking R Subdivision Annexation), it was discovered that notice of the public hearing which occurred on August 20, 2020 with the City Council, did not comply with Ammon City Code §10-4-4 which requires notice to all property owners within 500 feet of the boundary of the property. As such, the notice was deficient and the Findings of Fact, Ordinance 642, and Annexation Agreement are therefore deficient and must be revoked. 3.If City Council rescinds the decision and all accompanying documents, the Robertson Annexation will restart the public hearing process with the Planning and Zoning Commission. Following a recommendation from the Planning and Zoning Commission, the application will be presented to the City Council and the City Council will conduct a public hearing. Financial Impact -The immediate financial impact of restarting this land use process will be the cost of posting and mailing all public notices associated with the public hearings. The public hearings will occur on regularly scheduled meetings, unless otherwise requested by the City Council. Motion There are three motions associate with this decision: 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage | 1 Motion 1: °6 wzf ‡z „f bnxd ‡mf 3nxdnxl zk 3Yb‡ª *zxbvˆ nzx zk =YŽ Yxd ,fbn nzx kz„ ‡mf Robertson Annexation, also known as the Rocking R Subdivision Annexations, and „f fx‡fd a Kzaf„‡ zx *z„xf„ ==*± Motion 2: °6 wzf ‡z „f bnxd A„dnxYxbf äâà Yxd ˆwwY„ Ânk YvnbYavfí± Motion 3: °6 wzf ‡z „f bnxd ‡mf !xxfY‡nzx !l„ffwfx‡ Žn‡m Kzaf„‡ zx *z„xf„ ==*­± Attachments: 1.Findings of Fact, Conclusions of Law, and Decision for Robertson Annexation (Rocking R Subdivision Annexation) 2.Ordinance 642 3.Annexation Agreement with Robertson Corner LLC 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage | 2 o o o