HomeMy Public PortalAboutORD 287-07-23_Area of Impact Agreement with Bonneville County_08302023Instrument q 1753532
Bonneville County Idaho Falls, Idaho
08/30/2023 11:39:31 AM No. of Pages: 16
Recorded for: CITY OF IONA
Penny Manning Fee: $0.00
Ex -Officio Recorder Deputy
Index to: ORDINANCE
CITY OF IONA ORDINANCE NO. 287-07-23
BONNEVILLE COUNTY ORDINANCE NO. 256-23
AN ORDINANCE OF THE CITY OF IONA, IDAHO AND OF
BONNEVILLE COUNTY, IDAHO; IDENTIFYING AN AREA
OF IMPACT FOR THE CITY OF IONA; PROVIDING FOR THE
APPLICATION OF PLANS AND DEVELOPMENT
ORDINANCES WITHIN THE IDENTIFIED AREA OF IMPACT;
PROVIDING FOR THE ADMINISTRATION AND
ENFORCEMENT OF SUCH ORDINANCES; PROVIDING FOR
SEVERABILITY; SETTING FORTH A PROCESS FOR
RENEGOTIATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS Idaho Code § 67-6526 requires, among other things, that cities and counties
shall (a) adopt by ordinance a map identifying an area of city impact within the unincorporated
area of the county; and (b) by ordinance provide for the application of plans and ordinances for the
area of city impact; and
WHEREAS the City Council of the City of Iona, Idaho (the "City") and the Board of
County Commissioners for the County of Bonneville, Idaho (the "County"), have previously
enacted such an ordinance (denoted Iona Ordinance No. 84 and County Ordinance No. 206-01) in
2001 (the "Prior Ordinance"), which this ordinance is intended to entirely replace; and
WHEREAS, since the Prior Ordinance, the commercial development of the City has
evolved and change and the geographic area of the City has grown by annexation; and
WHEREAS the City and County have, pursuant to the Prior Ordinance and the
requirement of Idaho Code § 67-6526, entered into and conducted re -negotiations regarding the
area of impact for the City of Iona (the "Area of Impact"); and
WHEREAS the aforementioned negotiations considered the following factors, among
others: (1) trade area; (2) geographic factors; and (3) areas that can reasonably be expected to be
annexed to the City in the future; and
WHEREAS the Bonneville County Planning and Zoning Commission has considered and
made recommendations to the Board of County Commissioners for Bonneville County, Idaho
regarding an appropriate Area of Impact and the Comprehensive Plan and Zoning Ordinance
requirements that should apply thereto.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA
AND THE BOARD OF COUNTY COMMISSIONERS OF BONNEVILLE COUNTY, THAT:
Section 1. Legislative Purpose. The purpose for establishing an Area of Impact is to
comply with Idaho Code § 67-6526.
Section 2. Repeal and Replacement of Prior Ordinance. The Prior Ordinance is
hereby, as of the effective date hereof, repealed and replaced herewith.
Section 3. Geographic Area of Impact. The Area of Impact for the City of Iona is
defined by Exhibit A hereto, which is specifically incorporated herein by reference. If a boundary
line of the Area of Impact divides an existing parcel, the parcel shall be included in the jurisdiction
in which the larger area of the parcel is located. Within the Area of Impact, there is a
"Commercial Corridor", which is shown on Exhibit A, and is defined as that area north of East 49th
North that is within one -quarter of a mile of U.S. Route 26 (which highway forms the northwest
boundary of the Area of Impact). Also within the Area of Impact, there is a "High Density
Housing Corridor", which is also shown on Exhibit A, and is defined as that area north of East 49th
North that is within one-half mile of U.S. Route 26 (which highway forms the northwest boundary
of the Area of Impact).
Section 4. Comprehensive Plan. The County's Comprehensive Plan, including
amendments thereto, shall apply to the Area of Impact. Modification to the County
Comprehensive Plan and Map will be made where possible to mirror the City's Comprehensive
Plan and this Ordinance.
Section 5. Subdivision Ordinance. Subject to the provisions of this Ordinance, the
County's Subdivision Ordinance (including amendments thereto), shall apply to the Area of
Impact. All improvements within the Area of Impact shall be built to the City's Infrastructure
Standards if they are more restrictive than those of the County.
Section 6. Zoning Ordinance. Subject to the provisions of this Ordinance, the
County's Zoning Ordinance (including amendments thereto), shall apply to the Area of Impact.
Modifications to the County ordinance will be made where possible to mirror the City ordinance.
Section 7. Overlay requirements within the Area of Impact. The following overlay
requirements are hereby adopted by the County for use within the Area of Impact:
(A) The following County Zones may be considered for use within the Area of Impact,
without any input from the City, except as otherwise required by this Ordinance:
1. A-1, Agricultural Zone
2. RA -1, Residential Agricultural Zone
3. RA -2, Residential Agricultural Zone
4. RA -3, Residential Agricultural Zone
5. RA -4, Residential Agricultural Zone
6. R -P, Residence Park Zone
(B) The following County Zones may be considered for use within, or substantially
within, the Commercial Corridor in the Area of Impact, without any input from the
City, except as otherwise required by this Ordinance:
1. LNC, Limited Neighborhood Commercial Zone
2. SC -1, Neighborhood Shopping Center Zone
3. C-1, Limited Commercial Zone
4. HC -1, Limited Business Zone
5. C-2 General Commercial Zone
6. P -B, Professional Business Office Zone
(C) The following County Zones may be considered for use within, or substantially
within, the High Density Housing Corridor in the Area of Impact without any input
from the City, except as otherwise required by this Ordinance:
1. R-1, Residence Zone
2. R-1.5, Residence Zone
3. R-2, Residence Zone
(D) No other Zones, except as allowed in this Section and pursuant to the terms hereof,
may be considered for any property within the Area of Impact. All zones listed
above can be considered for any property in the Area of Impact if the City gives
express written consent for it to be placed there, which consent shall be transmitted
to the County on the form attached hereto as Exhibit B, which is incorporated
herein by reference. Failure of either the City or the County to require
performance of any provision of the Agreement shall not affect either party's right
to require full performance thereof at any time thereafter and the waiver by either
party of a breach of any provisions hereof shall not constitute a waiver of a similar
breach in the future or of any other breach or nullify the effectiveness of such
provision
(E) In the event that the County reduces the minimum lot size or makes any other
material requirement less stringent in any of the zones listed in this Section, such
zone shall be deemed removed from this Section and barred from use within the
Area of Impact pursuant to the terms of this subsection (E), and it will
automatically trigger the necessity to renegotiate or confirm this Ordinance.
(F) Setbacks for any structure in the Area of Impact shall follow the City standards
which are:
1. For the A-1, RA -1, RA -2, RA -3, RA -4, and R -P Zones:
a. No building or structure shall be erected closer than 35 feet from the
right-of-way line of the street that such building faces.
b. No building or structure shall be erected closer than 10 feet from
any side property line, except corner lots, which shall not construct
any building or structure closer than 30 feet from the right-of-way
line of any street that is not faced by the primary building on the lot.
c. No building or structure may be constructed closer than 25 feet from
the rear property line.
2. For the LNC, SC -1, C-1, HC -1, C-2, and P -B Zones:
a. No front or side yard shall be required, except when a building or
group of buildings abuts upon a residential use; any required side
yard shall be provided on the side of the lot abutting the residential
use having a width of not less than 10 feet from the property line.
b. Rear yards shall have a depth of not less than 25 feet when abutting
upon a residential use. The rear yard may be used for off-street
parking and loading.
c. Corner lots must meet the visibility setback requirements imposed
by the County or state.
3. For the R-1, R-1.5, and R-2 Zones:
a. No building or structure shall be erected closer than 30 feet from the
right-of-way line of the street that such building faces.
b. No building or structure shall be erected closer than 10 feet from
any side property line, except corner lots, which shall not construct
any building or structure closer than 30 feet from the right-of-way
line of any street that is not faced by the primary building on the lot.
c. No building or structure may be constructed closer than 25 feet from
the rear property line.
Section 8. Development Agreements. The County will enter into development
agreements with owners, tenants, and developers whenever they subdivide any property located
within the Area of Impact. For purposes of this Section, "subdivide" means any division of
property requiring the submission of a plat under applicable lawor any replat or amendment to a
prior plat for any property.
(A) The purpose of these agreements is to address the implementation of standards for
development in the Area of Impact as agreed to by the City and the County.
(B) All development agreements for property located within the Area of Impact shall
require that as part of the development agreement, the property owner shall execute
a written consent to annex such property in the form attached hereto as Exhibit C,
and record a copy of it along with said development agreement.
(C) Within 21 days of the recordation of any such written consent to annex, the County
shall deliver a copy of the recorded consent to the City.
Section 9. Annexations. Annexation to the City shall be in accordance with Idaho
Code § 50-222, as hereafter amended.
Section 10. Administration and Enforcement. The County shall be responsible for
administration and enforcement of this Ordinance outside the boundaries of the City and within the
Area of Impact. The County, through its employees and agents, shall enforce compliance with
the provisions of this Ordinance and the regulations adopted herein.
(A) The Bonneville County Planning and Zoning Commission shall act as the planning
commission for the Area of Impact.
(B) The County may certify a specific question to the City regarding any issue posed by
such administration and enforcement, and may request that the City timely answer
such certified question.
(C) The County shall provide written notice to the City of all applications or other
actions affecting property within the Area of Impact (including, but not limited to,
applications for rezoning, conditional use permits, comprehensive plan changes,
subdivision plats, and improvement drawings), no less than 15 days prior to any
hearing, public hearing, administrative action, or other activity on any such
application. Notwithstanding the nature of the hearing (a public hearing or
otherwise), the County agrees that it will allow the City to comment on any action
affecting property within the Area of Impact.
(D) The City shall have the right to review plans and make recommendations for
changes and all infrastructure that is being installed within the Area of Impact. If
the plans do not satisfy the City's infrastructure requirements, the City may notify
the County upon review of the development drawings of said insufficiency, and, in
any event, the County shall require the developer to amend the drawings to comply
with the requirements of this Ordinance. If the developer does not construct the
infrastructure to the drawings agreed upon and approved by the County in
accordance with this Ordinance, then the developer shall bear the costs of
upgrading or otherwise modifying any infrastructure that is insufficient, as shown
by the either the City or County.
Section 11. Renegotiations. Renegotiation of this Ordinance —pertaining to the Area
of Impact, the applicable codes and ordinances applicable thereto, and the enforcement
thereof —shall follow the procedures outlines in Idaho Code § 67-6526, as hereafter amended.
Renegotiations shall begin no later than July 1, 2030.
Section 12. Preservation of Prior Ordinance. The Prior Ordinance shall be
preserved to the extent necessary to allow the enforcement, prosecution, and punishment of any
person who violates such provisions prior to the effective date hereof.
Section 13. Severability. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection, or any portion thereof, shall not affect the validity of
the remaining sections or subsections.
Section 14. Waiver. The failure of the City to require performance of any provision of
this Ordinance shall not affect the City's ability to require full performance thereof at any time
thereafter and the waiver by either party of a breach of any provisions hereof shall not constitute a
waiver of a similar breach in the future or of any other breach or nullify the effectiveness of such
provision.
Section 15. Effective Date. This Ordinance shall become effective upon its passage,
execution and publication in the manner provided by law.
[signature pages follow]
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF IONA this
ATTEST:
day of
County of Bonneville
)ss.
, 2023.
Dan Gubler
Mayor
I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY
CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled,
"AN ORDINANCE OF THE CITY OF IONA, IDAHO AND OF BONNEVILLE COUNTY,
IDAHO; IDENTIFYING AN AREA OF IMPACT FOR THE CITY OF IONA; PROVIDING
FOR THE APPLICATION OF PLANS AND DEVELOPMENT ORDINANCES WITHIN THE
IDENTIFIED AREA OF IMPACT; PROVIDING FOR THE ADMINISTRATION AND
ENFORCEMENT OF SUCH ORDINANCES; PROVIDING FOR SEVERABILITY; SETTING
FORTH A PROCESS FOR RENEGOTIATION; AND ESTABLISHING AN EFFECTIVE
DATE."
hi(A/f We'd
Keri West
City Clerk
PASSED BY THE BOARD OF COUNTY COMMISSIONERS OF BONNEVILLE
COUNTY, IDAHO this a1" day of
ATTEST:
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Incatruut
Penny Ma ing
County erk
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STATE OF IDAHO
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County of Bonneville
, 2023.
5
Roger S. hristensen
Chairman of the Board of County Commissioners
I, PENNY MANNING, COUNTY CLERK OF THE COUNTY OF BONNEVILLE,
IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of
the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO AND OF
BONNEVILLE COUNTY, IDAHO; IDENTIFYING AN AREA OF IMPACT FOR THE CITY
OF IONA; PROVIDING FOR THE APPLICATION OF PLANS AND DEVELOPMENT
ORDINANCES WITHIN THE IDENTIFIED AREA OF IMPACT; PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF SUCH ORDINANCES; PROVIDING FOR
SEVERABILITY; SETTING FORTH A PROCESS FOR RENEGOTIATION; AND
ESTABLISHING AN EFFECTIVE DATE."
Penny Ma ing
County Clerk
G:\WPDATA\DAR\_I Pending\2708-2023 City of Iona \Planning & Zoning\_Area of Impact \2.022 AOI Agreement & Ordinance v0l.docx
Exhibit A
Legend
Area of Impact
® Commercial Corridor
imHigh Density
Housing Corridor
Parcels
Exhibit B
Consent to Annexation
[See Attached Page for City's Consent to a one-time Waiver for a specific Proposal]
CITY OF IONA
WAIVER OF STRICT ENFORCEMENT
This WAIVER OF STRICT ENFORCEMENT (this "Waiver") is executed by the City of
Iona, Idaho (the "City"), for the purpose of providing express written consent to a one-time waiver
of the strict enforcement of the effective Area of Impact Ordinance between the City and
Bonneville County, Idaho ("AOI Ordinance"), in the specific instance described herein.
("Owner")
owns the following described real property in Bonneville County, Idaho (the "Real Property"),
which is within the City's Area of Impact:
Owner proposes the following with regard to the Real Property (the "Proposal"):
This Proposal would violate the AOI Ordinance as follows:
Having duly considered the Owner's plans and Proposal, the City hereby consents to the
above -described Proposal relating to this Real Property and waives its rights to require strict
enforcement of the AOI Ordinance. This waiver is made in accordance with the terms of the AOI
Ordinance, and is limited to the specific circumstances of this Proposal at this time for this
Real Property; the City reserves the right to require future strict enforcement of the AOI Ordinance
and this waiver shall have no precedential value for this Owner or any other person, as each
proposal is considered on a case -by -case basis.
AGREED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF IONA this day of
Dan Gubler
Mayor
ATTEST:
Keri West
City Clerk
Exhibit C
Consent to Annexation
[See Attached Page for use with Development Agreements]
CONSENT TO ANNEXATION
This CONSENT TO ANNEXATION (this "Consent") is executed by
("Owner"),
the owner of all of the real property described herein (the "Real Property"), for the purpose of
consenting to annexation of the Real Property to the City of Iona, Idaho, when said Real Property
becomes contiguous or adjacent to the City of Iona, Idaho. Owner understands that, in
accordance with Idaho Code § 50-222(4)(a), this Consent will be recorded in the records of
Bonneville County, Idaho, and will be binding upon the Owner and any subsequent purchasers,
heirs, or assigns of the Real Property or any portion thereof.
For purposes of this Consent, the term "Real Property" specifically refers to the following
described real property in Bonneville County, Idaho:
Owner hereby irrevocably consents, for Owner's interest as well as for any subsequent
purchasers, heirs, and/or assigns of the Real Property, or any portion thereof, to the Annexation of
the Real Property to the City of Iona, Idaho, at the option of said City when or at any time after said
Real Property becomes contiguous or adjacent to the City of Iona, Idaho.
EXECUTED to be effective for all purposes as of this , 20
Name:
STATE OF IDAHO
COUNTY OF BONNEVILLE
This record was acknowledged before me on the day of
by
(stamp) Signature of Notary Public
My Commission Expires: