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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: • Incatruut Penny Ma ing County erk (SEAL) (0111111/0/0 \�0� NNE) R..,:e .JO' Qp0' Q ; BONNEVILLE COUNTY /1,/,/DAHO\\\\ STATE OF IDAHO )ss. 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: