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PLANNING AND ZONING MEETING
IONA COMMUNITY CENTER
NOVEMBER 12, 2014 6:30 P.M.
PRESENT: Chairman Dan Garren, Members — Roy Hobbs, Bette Lovinus, Melanie Shirling,
and Clerk Julie Hammond.
ABSENT: None.
VISITORS: Larry Scott, Joyce Scott, Bryan King, Deanna King, Christian Ulbrich, Suzanne
Ulbrich, David Klingler, Ben Storer, Mikan Storer, Sally Price, Greg Hansen, and Melissa
Nielson.
Chairman Garren welcomed everyone and Member Hobbs led with the Pledge of Allegiance.
Minutes Approved: Member Hobbs moved to approve the Planning & Zoning (P&Z) Minutes
of October 8, 2014 as written. Member Shirting seconded the motion. All were in favor, motion
carried.
Rockwell Homes — Rezone of Country Haven Estates from R-1 to R-T — Lots 1-20 of Block
2 and Lots 1-22 of Block 3 Public Hearing — 6:30 p.m.: Chairman Garren explained the public
hearing process and asked Mr. Hansen to present Rockwell's Zoning Application "Exhibit A."
Mr. Hansen of Rockwell Homes stated that Rockwell had done a lot of work in the community:
Mountain Ridge; Sawmill Addition; and Rose Valley. He explained that Rockwell had entered
into a contract to purchase Country Haven Estates and he was here tonight to talk about the re-
zoning of Blocks 2 and 3 in the subdivision. Currently there are 42 platted patio home lots in
Blocks 2 and 3 with the current zoning of Single Family Residential (R-1).
Mr. Hansen proceeded to give the history and facts of Country Haven Estates. He stated that
Country Haven Estates was annexed as R-1 on May 24, 2005 with the conditional use for patio
homes on Lots 1-20 of Block 2 and Lots 1-22 of Block 3. On January 15, 2013, Ordinance
#170-01-13 was approved. This ordinance removed the conditional use for patio homes from the
R-1 Zone to the Residential Townhouse (R-T) Zone. Mr. Hansen holds that this ordinance now
changed the above mentioned lots from an R-1 to an R-T Zone.
Mr. Hansen also pointed out that the Country Haven Annexation Agreement dated December 14,
2005 (Item 13) recognized special conditions. One set of special conditions in the file referenced
a conditional use for patio homes (item 3) but did not have a date, signature, or reference to
Country Haven. The last sentence of Item 3 Conditional Use stated "If the developer sells this
development prior to its completion this conditional use will not apply to the new owner." He
stated that the Annexation Agreement was recorded on January 6, 2006 with no mention of the
conditional use for patio homes, so technically speaking the special conditions are not valid.
Mr. Hansen reiterated that the entire plat was accepted and recorded on January 6, 2006. He
stated that '/2 of the 421ots have all the utilities in place including roads and the other '/z have
90% of the utilities in place but the majority of roads are not paved. The lot sizes are 65' wide
and 107' in depth, 6,955 square feet. The only zone that accommodates this size of lot is the R-T
Zone.
Mr. Hansen concluded that he was here tonight to clarify City Code and ask for the re -zone of
Lots 1-20 of Block 2 and Lots 1-22 of Block 3, as well as a conditional use for patio homes with
no basements.
Chairman Garren asked that verification from legal counsel be made in regards to Ordinance
#170-01-13 and the claim that the ordinance changed the zoning of Blocks 2 and 3 of Country
Haven Estates.
Chairman Garren opened the public portion of the hearing. He asked for those in favor, none;
neutral, none; opposed, eight. Written comments were entered into testimony as in favor, one
"Exhibit C"; neutral, none; opposed three "Exhibits D-F."
Larry Scott of 5140 E Free Ave was opposed. Mr. Scott stated that as far as he knew all the lots
in Country Haven were zoned as Single Family Dwellings. He could see problems arising out of
the R-T Zone. Mr. Hansen's attitude did not sit well with him. He would get a petition started
and show the voice of the community.
Bryan King of 5112 Tanner Dr was opposed. Mr. King stated he would not have bought a home
in Country Haven had he known about the patio homes. He came from Colorado in a
community that grew from 8,500 to 48,000 in a 10-13 year time period. He stated that this
would reduce property values. He understands more diversity but is adamantly against multi-
family homes. He noted the missing documentation and indicated that Iona should take care of
the people in Country Haven and the community.
Ben Storer of 5099 Tanner Dr was opposed. Mr. Storer asked the conditions of the Conditional
Use Permit. Council Member Garren read the approved Conditional Use Permit (CUP) from the
May 24, 2005 Minutes. The CUP was to allow a certain number of patio homes in the Country
Haven Estates Addition as shown in the final plat, subject to the restriction for patio homes
outlined in 11-4-11 of the Iona City Code.
Mr. Storer understood that the CUP had already been granted but didn't understand the lack of
documentation. Clerk Hammond explained that the Annexation Agreement included special
conditions but that the special conditions referencing the patio homes that was in the file did not
reference Country Haven, have a date, or a signature.
David Klingler of 5176 Free Ave was opposed. Mr. Klingler didn't remember patio homes in
the Public Hearing Notice sent to the residents. Clerk Hammond would research and let Mr.
Klingler know. He explained that people have stuff and that there would be no place to put their
stuff on these lots. It would just be a bunch of garbage.
Deanna King of 5112 Tanner Dr was opposed. She didn't like Rockwell's attitude. She wanted
to know the architecture and color of the homes. Would it be pleasing to the eye or trash going
up there? Mrs. King stated that eventually there would be a Homeowners Association (HOA)
and could they have any restrictions? Chairman Garren explained that they would have to follow
zoning requirements but there was not a stipulation on color.
Melissa Nielsen of 5083 Brylee Way was opposed. Mrs. Nielsen stated that their covenants
required 3,000 square feet. Patio Homes would have high turn -over and renters. One home has
changed owners since she has lived in Country Haven.
Joyce Scott of 5140 E Free Ave was opposed. Mrs. Scott stated that they have lived here for 37
years. This is our home. I walk the City every day and say hello to everyone. What happens if
people have dogs? It worries her, what will happen to the community? It doesn't set right with
her and she can't imagine the traffic if this goes through.
Sally Price of 3327 Dayton was opposed. Mrs. Price stated they have lived here 30 years and
have seen a lot of change; small town with a big heart to a big town with not much heart at all.
She has heard Council Members state that I wouldn't want this if it was by my house, but since it
is not, will approve it.
Mr. Hansen returned to the floor for his rebuttal. Mr. Hansen stated that the City of Iona is in a
bit of a pickle because this subdivision was approved nine years ago. All the surveying and
platting has been done and recorded. Rockwell has approached the City to clean up the area. If
citizens are concerned with the neighborhood they should look at similar neighborhoods built by
Rockwell. Mountain Ridge, Briarwood, Blue Ridge Estates, Stone Haven Subdivision,
Woodland Hills are all well maintained subdivisions ranging from 10 to 15 years old. The
property values are up in these areas.
Mr. Storer asked if Rockwell would keep with the genre of the neighborhood, like stucco or
would they bring in siding. The covenants establish the type of materials used but they may
change to siding in the back. The covenants was last changed and recorded in 2008 by Scott
Tallman.
Mr. Hansen explained that the plat was already approved; Rockwell was just asking to change
the zoning from R-1 to R-T. He explained that a Townhouse shared a common wall and a Patio
Home does not share a common wall; both are single family dwellings. He indicated that
Townhouses weren't selling so they would proceed with Patio Homes.
Citizens were concerned about traffic and parking; parking would have to follow City Code and
covenants. Rockwell would have two car garages with the possibility of RV pads.
Chairman Garren closed the public portion of the hearing and opened internal deliberation.
Member Lovinus asked for clarification; if the CUP would be voided when the property changed
hands and if the special conditions were signed and recorded. Clarification would be checked
with legal counsel.
Member Hobbs suggested direction from legal counsel and read the R-1 Zoning requirements.
Member Lovinus indicated that an impact study should have been done. P&Z Member Hobbs
stated it needed to be recorded.
Member Shirling didn't think it was good for the community and would not recommend
changing the zone.
Chairman Garren indicated that this was done in 2005 prior to the strategic plan in place; which
shows what people want to see and don't want to see.
Member Shirling moved to recommend to Council to deny the Re -Zone of Lots 1-20 of Block 2
and Lots 1-22 of Block 3 of Country Haven Estates. Member Hobbs seconded the motion. All
were in favor, motion carried.
Rockwell Homes — Conditional Use Permit Allowing for Patio Homes in Country Haven
Estates — Lots 1-20 of Block 2 and Lots 1-22 of Block 3 Public Hearing: The CUP "Exhibit
B" was not considered at this time because of the recommendation to Council to deny the Re -
Zone of Blocks 2 and 3 of Country Haven Estates.
Bonneville County Area of Impact Agreement/Area of Expansion: Chairman Garren had
drafted an Area of Impact Update Letter "Exhibit G" that was reviewed by Council and City
Attorney Storer. Planning & Zoning (P&Z) Members thought a response date should be added
to the letter. Clerk Hammond would check with Attorney Storer and mail the letter to
Bonneville County Commissioner, Roger Christensen.
R-A Zone in Comparison to R-1 Zone Discussion: P&Z Members discussed the R-A Zone in
comparison to the R-1 Zone suggested by Council Member Geray. P&Z Members felt that the
zones were fairly comparable to the County as well as allowing room for differences in the two
zones. P&Z didn't see the need to change the zones at this time.
Reports
Member Hobbs reported that the Iona Bonneville Sewer District's (IBSD) contract with the City
of Idaho Falls was up at the end of the year but they would be proposing a one year extension
while working on their expansion area.
Member Hobbs asked Clerk Hammond to verify with Council if citizens (John Price and Chad
Stanger) could work on updating the Comprehensive Plan.
Planning & Zoning's December meeting has been cancelled.
Training would be held on January 14, 2015 for both P&Z and Council during P&Z's regularly
scheduled meeting.
Meeting Adjourned 8:15 p.m.
P&Z APPROVED: January 14, 2015
ATTEST:
/
Julie ammond, ity Clerk
X-
Dan Garren, Chairman
CITY OF IONA
3548 North Main
P.O. Box 487
lona, Idaho 83427
APPLICATION FOR ZONING
Phone: (208) 523-5600
Fax: (208) 535-0087
Application must be filled out in detail and submitted with a $100 filing fee to the Iona City Clerk.
1. Name of applicant: le Livel I /�`o‘try S --I-,i .
Address of applicant: "353 /2),^,10 }< �jr« /e L,v
3. Telephone number of applicant: - f• - `7.560 work: e;,vs‘ - •sa6 3g35 cell
4. Address of subject property: ;
5. Legal description of property (attach if necessary): Lii-5 4 L/ 3, y S, L, 7/ /L? ,// r2/ r 5,,4, r5»C/ 17
zo, /at k Z • L. i� x, 3, / S G 8 1 / , / [� iz / / y� /5, /C j �S i�t z<, 2S 2�. Rrev k _5
L 8 ,v1�N ,) 1TaUl:r E-�fu �rS • Oh, es,'C,1 // e7.1 old/4'O.r _7-0,,6r j l'vu.gvu:e /.•f/c,
33laCf e o/f .726laQ / aer"e^.a d,stj Y•v >Jr rawdeff p lk V. flle•rao'f / J
6. Is the applicant the owner of the subject property? Yes X No. If no, please state the
name and address of the owner, together with the relationship of the applicant to the owner:
R!5lf Tduhto e-L6 u'+ _Idaho L/`a 6 //5e�t L'a.,�7�z<rc 7717f) Al- ,S IRJ. --tint, -C.//s,
•- k %�� /J hc. ,,r .4,-4, CGI 4, 164 e ,' A.
7. Attach one of the following: warranty deed: proof of option: K earnest money
agreement.
8. State the zoning desired for the subject property: P«doiif ,'a/ CRT)Ze,;TG�-y9-i1 r��fio/holes
9. State the reason for the proposed zoning and proposed plans for the use of the subject property:
F4ek.zl//6..oms , .', .• dv e d.'/,j"; He t Vc�(ere - //u/y f vae-&<r /�.�� <f a�/�(eve*w/el
4-es,IdrK /# //few,s 4rj+Nca-Pei ,,,f. i7n S //fu•��:`i YOL'/Gte . ' 4vddSr`Y` : 4 <•'4 i� . / 7 e• 4•711.7y oar, /o.ta ,4t .z!/ 05e
prv7m1.1 brFone KstI0,..//!s!�//�G•/'aal,& i 7�'1i€()Aile-: ��J. `J J
Dated this (2day of ah//-/
Fee Paid
difkaV/4iji.�% / � Gl
� Check # 7/z,
Signature of applic
NOTICE TO APPLICANT
Exhibit "A"
This application will be referred to the Iona Planning and Zoning Commission for a recommendation on the
requested zoning. The Planning and Zoning Commission shall hold a public hearing and will then make its
recommendation to the City Council. The City Council will then hold a second public hearing. Notice of the
public hearings must be published 15 days prior to said hearings. Notice shall also be posted on the premises of
the subject property not less than 1 weekpriorto the hearings. Notices will also be mailed to property owners or
purchasers of record within 300 feet of the subject property. You will be given notice of the public hearings and
must be present to answer any questions.
City of Iona
3548 N Main St
PO Box 487
lona ID 83427 (208) 5235600
Receipt No:1.006212 Oct 22, 2014
Rockwell Homes
General - Business Lie & Vendor Permits 100.00
Zoning Application - for Country Haven Patton Homes
General - Business Lic & Vendor Permits 100.00
Conditional Use Permit for Patio Homes in Country Have
Total: 200.00
Check Check No: 7498 200.00
Total Applied: 200.00
Change Tendered: .00
Duplicate Copy
10/22/2014 05:43PM
REAL ESTATE PURCHASE CONTRACT
FOR LAND
The Is a legally binding contract If you desire legal or ass advice, anode year atteraey or tax advisor.
EARNEST MONEY RECEIPT
Buyer Rockwell Homes Ina offers to purchase the Property described below and hereby delivers to
the Title Company, as Earnest Money, the amount of 510,000 in the foam of a Check which. upon
Acceptance of this offer by all parties (as defined in Section 23), shall be deposited in accordance
with state law. Received by: lot? -13 ‘.( SOL .9--4-1- , on 0 (� q . ao/ `-( (Date)
Title Company: pi eVI. '_,G ✓ 'e_ Phone Number a48 - s ya -De, C/z)
OFFER TO PURCHASE
1. PROPERTY: also described as: Rents 1,2,3,5,6 Block I, Lots 1-23 Block 2, Lots 1-22 Black 3, Lob
I-12.16 Bkidt 4, Lola 1,2, 5-12,16 Block 5, Lots 1,2 Block 6, Lob 1-9 Block 7, County Haven Estates
Division No.1, City of lona , County of Bonneville, State of Idaho (the "Property").
1.1 included. 29 Fully Improved, Shovel Ready Residential Building Lots. and 56 Partially
Improved Residential Building Lots. (See asbibit A)
1.2 Water Rights/Water Shares. The following water rights and/or water shares ate included in the
Purchase Price.
[ ] _,_ _Silures of Stock in the (Name of Water Company)
[ l Other (specify)
2. PURCHASE PRICE. The Purchase Price for the Property is,
Ilillosnad Dollars. The Purchase Price will be paid as follows:
S 10,000 (a) Earnest Money Deposit Under obtain conditions described in this Contract
THIS DEPOSIT MAY BBCOMB TOTALLY NON-REFUNDABLE.
3 (b) New Loan. Buyer agrees to apply for one or more of the following loans:
[ ) CONVENTIONAL [ ) OTHER(specify)
If the loan is to include any particular terms, then check below and give
details:
( ] SPECIFIC LOAN TERMS
5 (e) Seller Financing (see attached Seller Financing Addendum it -applicable)
S (d) Other (specify)
S VMS (e) Babette of Purchase Prioe in Cash at Settlement
SsiMilin PURCHASE PRICE. Total of Gun (a) through (a)
Page 1 orb papas Ssilor's Gal
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el)
REAL ESTATE PURCHASE CONTRACT
FOR LAND
This Is a legally binding eootract. If you desire legal or tax advice, consult your attorney or tax advisor.
EARNEST MONEY RECEIPT
Buyer Rockwell Homes Inc. offers to purchase the Property described below and hereby delivers to
the Title Company, as Earnest Money, the amount of $10,000 in the form of a Check which, upon
Acceptance of this offer by all parties (as defined in Section 23), shall be deposited in accordance
with state law.
Received by:
on (Date)
Title Company: Phone Number
OFFER TO PURCHASE
1. PROPERTY: also described as: Lots 1,2,3,5,6 Block 1, Lots 1-23 Block 2, Lots 1-22 Block 3, Lots
1-12,16 Block 4, Lots 1,2, 5-12,16 Block 5, Lots 1,2 Block 6, Lots 1-9 Block 7, County Haven Estates
Division No. 1, City of Iona , County of Bonneville, State of Idaho (the "Property").
LI Included. 29 Fully Improved, Shovel Ready Residential Building Lots, and 56 Partially
Improved Residential Building Lots. (Sex Exhibit A)
1.2 Water Rights/Water Shares. The following water rights and/or water shares are included in the
Purchase Price.
( ) Shares of Stock in the (Name of Water Company)
[ 'Other (specify)
2. PURCHASE
�arlrlirs.
S 10,000
S
3
S
SMIMS
PRICE. The Purchase Price for the Property is,
The Purchase Price will be paid as follows:
(a) Earnest Money Deposit. Under certain conditions described in this Contract
THIS DEPOSIT MAY BECOME TOTALLY NON-REFUNDABLE.
(b) New Loan. Buyer agrees to apply for one or more of the following loans:
[ ] CONVENTIONAL [) OTHER(specify)
If the loan is to include any particular terms, then check below and give
details:
f 1 SPECIFIC LOAN TERMS
(c) Seller Financing (see attached Seller Financing Addendum if applicable)
(d) Other (specify)
(e) Balance of purchase Price in Cash at Settlement
PURCHASE PRICE. Total of lines (a) through (e)
Inge 1 of 6 paps Scalar's Initi
at. ro--�y
3. SETTLEMENT AND CLOSING. Settlement shall take place on the Settlement Deadline referenced
in Section 24(c), or on a date upon which Buyer and Seller agree in writing. "Settlement" shall occur only
when all of the following have been completed: (a) Buyer and Seller have signed and delivered to each
other or to the escrow/closing office all documents required by this Contract, by the Lender, by written
escrow instructions or by applicable law; (b) any monies required to be paid by Buyer under these
documents (except for the proceeds of any new loan) have been delivered by Buyer to Seller or to the
escrow/closing office in the form of collected or cleared funds; and (c) any monies required to be paid by
Seller under these documents have been delivered by Seller to Buyer or to the escrow/closing office in the
form of collected or cleared funds. Seller and Buyer shall each pay one-half (A) of the fee charged by the
escrow/closing office for its services in the setdement/closing process. Taxes and assessments for the
current year, runts, and interest on assumed obligations shall be prorated at Settlement as set forth in this
Section. Proration set forth in this Section shall be made as of the Settlement Deadline date referenced in
Section 24(c), unless otherwise agreed to in writing by the parties. Such writing could include the
settlement statement. The transaction will be considered closed when Settlement has been completed, and
when all of the following have been completed: (i) the proceeds easy new loan have been delivered by the
Lender to Seller or to the escrow/closing office; and (ii) the applicable Closing documents have been
recorded in the office of the county recorder. The actions described in parts () and (ii) of the preceding
sentence shall be completed within four calendar days of Settlement.
4. POSSESSION. Seller stall deliver physical possession to Buyer [ X1 Upon Closing [ ] Other (specify)
3. CONFIRMATION OF AGENCY DISCLOSURE. At the signing of this Contract:
Listing Agent ti a , represents [ J Seller [ ] Buyer [ ] both Buyer and Seller
as a Limited Agent;
Listing Broker for vr., , represents [ ] Seller [ ] Buyer [ ] both Buyer and Seller
(Company Name) as a Limited Agent;
Buyer's Agent , represents [ ] Seller [ ] Buyer [ ] both Buycr and Seller
as a Limited Agent;
Buyer's Broker for ti • . , represents [ J Seller [ ] Buyer ( ] both Buyer and Seller
(Company Name) as a Limited Agene
5.1 COMMISSIONS. Buyer and Seller represent to each other that no brokerage or agent was the
procuring cause of the transaction contemplated by this Agreement Each Party ("Indemnifying Party") agrees
to indemnify and hold harmless the other Party, its successors and assigns, from and against any and all
obligation, cost, expense and liability, including, without limitation, all reasonable attorneys' fees and court
costs, arising out of any claim for brokerage commission, finder's commission or other such compensation as a
result of the dealings of the Indemnifying Party in connection with this transaction.
6. TITLE INSURANCE. At Settlement, Seller agrees to pay for a standard -coverage owner's policy of
title insurance insuring Buyer in the amount of the Purchase Price. Any additional title insurance coverage
shall be at Buyer's expense.
7. SELLER DISCLOSURES. No later than the Seller Disclosure Deadline referenced in Section 24(a),
Seller shall provide to Buyer the following documents which are collectively referred to as the "Seller
Disclosures":
(a) a commitment for the policy of title insurance:
(b) a copy of any leases affecting the Property not expiring prior to Closing;
(c) Letter of Acceptance from the City of lona for existing streets; Tanner Drive, Brylee Way, Nelson
Drive,Ryanne Way, and Aubree Way.
(d) written notice of any claims and/or conditions known to Seller relating to environmental problems;
(e) evidence of any water rights and/or water shares referenced in Section 1.2 above.
Page 2 of 6 pages Seneia Ltitia
u _ _0401 i Buyer's initials { Dan: f 0 - 7 � �
S. BUYER'S RIGHT TO CANCEL BASED ON BUYER'S DUE DILIGENCE. Buyer's obligation to
purchase under this Contract (cheek applicable boxes):
(a) [X] IS [ ] IS NOT conditioned upon Buyer's approval of the content of all the Seller Disclosures
referenced in Section 7;
(b) [X] IS [ ] IS NOT conditioned upon Buyer's approval of a physical condition inspection of the
Property;
(c) [X] IS [ ] IS NOT conditioned upon Buyer's approval of a survey of the Property by a licensed
surveyor,
(d) [X] 1S [ ) IS NOT conditioned upon Buyer's approval of applicable federal, state and local
governmental laws. ordinances and regulations affecting the Property; and any
applicable deed restrictions and/or CC&R's (covenants, conditions and
restrictions) affecting the Property;
(e) [ 1 IS [x j IS NOT conditioned upon the Property appraising for not less than the Purchase Price;
(f) [ ] IS [X] IS NOT conditioned upon Buyer's approval of the terms and conditions of any mortgage
financing referenced in Section 2 above;
(g) [X] IS [ ] IS NOT conditioned upon Buyers approval of the following tests and evaluations of the
Property: Sewer & Water Line Inspections, existing streets and utilities
approved by the City of lona.
If any of items 8(a) through 8(g) are checked in the affirmative, then Sections 8.1, 8.2, 8.3 and 8.4 apply;
otherwise, they do not apply. The items checked in the affirmative above are collectively referred to as
Buyer's "Due Diligence." Unless otherwise provided in this Contract, Buyer's Due Diligence shall be paid
for by Buyer and shall be conducted by individuals or entities of Buyers choice. Seller agrees to cooperate
with Buyer's Due Diligence and with a final pre- closing inspection under Section 11.
8.1 DUE DILIGENCE DEADLINE. No later than the Due Diligence Deadline referenced in Section
24(b) Buyer shall: (a) complete all of Buyer's Due Diligence; and (b) determine if the results of Buyer's
Due Diligence are acceptable to Buyer.
&2 RIGHT TO CANCEL OR OBJECT. If Buyer determines that the results of Buyer's Due
Diligence are unacceptable, Buyer may, no later than the Due Diligence Deadline, either. (a) cancel this
Contract by providing written notice to Seller, whereupon the Earnest Money Deposit shall be released to
Buyer; or (b) provide Seller with written notice of objections.
83 FAILURE TO RESPOND. If by the expiration of the Due Diligence Deadline, Buyer does not:
(a) cancel this Contract as provided in Section 8.2; or (b) deliver a written objection to Seller regarding the
Buyer's Due Diligence, The Buyer's Due Diligence shall be deemed approved by Buyer, and the
contingencies referenced in Sections 8(a) through 8(g), including but not limited to, any financing
contingency, shall be deemed waived by Buyer_
8.4 RESPONSE BY SELLER if Buyer provides written objections to Seller, Buyer and Seller shall
have seven calendar days after Seller's receipt of Buyer's objections (the "Response Period") in which to
agree in writing upon the manner of resolving Buyer's objections. Except as provided in Section 10.2,
Seller may, but shall not be required to, resolve Buyers objections. If Buyer and Seller have not agreed in
writing upon the manner of resolving Buyers objections, Buyer may cancel this Contract by providing
written notice to Seller no later than three calendar days after expiration of the Response Period;
whereupon the Earnest Money Deposit shall be released to Buyer. if this Contract is not canceled by Buyer
under this Section 8.4, Buyer's objections shall be deemed waived by Buyer. This waiver shall tot affect
those items warranted in Section 10.
Page 3 of 6 pages Seller's tams
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9. ADDITIONAL TERMS.
(a) The Seller will appoint Rockwell Homes Inc. as the Architectural Committee of Country Haven
Estates Subdivision Division No.1 on or before the Settlement Deadline referenced in Section 24(c).
(b) The Buyer will make a reasonable effort to allow DePatco Inc. from 2205 East 200 North St. Anthony,
Idaho to bid on and perform the remaining excavation and asphalt work in County Haven Estates Division
No. I . If the Buyer does not use DePatco for any reason (e.g. price, schedule, performance, quality, etc.)
the buyer will be held harmless.
(c) The Seller will provide to the Buyer a CAD File of the Improvement Drawings and Plat. All
Engineered Drawings for the Property are included and considered part of the Purchase.
10. SELLER WARRANTIES & REPRESENTATIONS.
10.1 CONDITION OF TITLE. Selkr represents that Seller has fee title to the Property and will
convey good and marketable title to Buyer at Closing by general warranty deed. Buyer agrees, however, to
accept dtle to the Property subject to the following matters of record: easements, deed r+estrietitms, CC&R's
(meaning covenants, conditions and restrictions), and rights -of -way, and subject to the contents of the
Commitment for Title Insurance as agreed to by Buyer under Section 8. Buyer also agrees to take the
Property subject to existing leases affecting the Property and not expiring prior to Closing. Buyer agrees to
be responsible for taxes, assessments, homeowners association dues, utilities, and other services provided
to the Property after Closing. Seller will cause to be paid off by Closing all mortgages, trust deeds,
judgments, mechanic's liens, tax liens and warrants. Seller will cause to be paid current by Closing all
assessments and homeowners association dues.
IF ANY PORTION OF THE PROPERTY IS PRESENTLY ASSESSED AS "GREENBELT"
(CHECK APPLICABLE BOX):
[X) SELLER [ ) BUYER SHALL BE RESPONSIBLE FOR PAYMENT OF ANY ROLL -BACK TAXES
ASSESSED AGAINST THE PROPERTY.
10.2 CONDITION OF PROPERTY. Seller warrants that the Property will be in the following
condition ON THE DATE SELLER DELIVERS PHYSICAL POSSESSION TO BUYER:
(a) the Property shall be free of debris and personal property;
(b) the Property will be in the same general condition as it was on the date of Acceptance.
11. FINAL PRE -CLOSING INSPECTION. Before Settlement, Buyer may, upon reasonable notice and
at a reasonable time, conduct a final pre -closing inspection of the Property to determine only that the
Property is "as represented," meaning that the Property has been repaired/meted as agreed to in Section
8.4, and is in the condition warranted in Section 10.2. If the Property is not as represented, Seller will, prior
to Settlement, repair/correct the Property, and place the Property in the warranted condition or with the
consent of Buyer (and Lender if applicable), escrow an amount at Settlement sufficient to provide for the
same. The failure to conduct a final pre -closing inspection or to claim that the Property is not as
represented, shall not constitute a waiver by Buyer of the right to receive, on the date of possession,
the Property as represented.
12. CHANGES DURING TRANSACTION. Seller agrees that from the date of Acceptance until the
date of Closing, none of the following shall occur without the prior written consent of Buyer. (a) no
changes in any existing leases shall be made; (b) no new leases shall be entered into; (c) no substantial
alterations or improvements to the Property shall be made or undertaken; and (d) no further financial
encumbrances affecting the Property shall be made.
13. AUTHORITY OF SIGNERS. If Buyer or Seller is a corporation, partnership, trust, estate, limited
liability company or other entity, the person executing this Contract on its behalf warrants his or her
authority to do so and to bind Buyer and Seller.
Page 4 of 6 pages Seller's bat
1)tl[C PP6 1 it
IiUsCI 1 IIlllltll'S _J
Date i v - ? — !g
14. COMPLETE CONTRACT. This Contract together with its addenda, any attached exhibits, and
Seller Disclosures, constitutes the entire Contract between the parties and supersedes and replaces any and
ail prior negotiations, representations, warranties, understandings or contracts between the parties. This
Contract cannot be changed except by written agreement of the parties.
IS. DISPUTE RESOLUTION. The parties agree chat any dispute, arising prior to or after Closing,
related to this Contract (check applicable box)
IXI SHALL
MAY AT THE OPTION OF THE PARTIES
first be submitted to mediation. if the parties agree to mediation, the dispute shall be submitted to mediation
through a mediation provider mutually agreed upon by the parties. Each party agrees to bear its own costs
of mediation. If mediation fails, the other procedures and remedies available under this Contract shall
apply. Nothing in this Section 15 shall prohibit any party from seeking emergency equitable relief pending
mediation.
16. DEFAULT. If Buyer defaults, Seller may elect either to retain the Earnest Money Deposit as
liquidated damages, or to return it and sue Buyer to specifically enforce this Contract or pursue other
remedies available at law. If Seller defaults, in addition to return of the Earnest Money Deposit, Buyer may
elect either to accept from Seller a sum equal to the Earnest Money Deposit as liquidated damages, or may
sue Seller to specifically enforce this Contract or pursue other remedies available at law. If Buyer elects to
accept liquidated damages, Seller agrees to pay the liquidated damages to Buyer upon demand.
17. ATTORNEY FEES AND COSTS. In the event of litigation or binding arbitration to enforce this
Contract, the prevailing party shall be entitled to costs and reasonable attorney fees. However, attorney fees
shall not be awarded for participation in mediation under Section 15.
18. NOTICES. Except as provided in Section 23, all notices required under this Contract must be: (a) in
writing; (b) signed by the parry giving notice; and (c) received by the other parry or the other patty's agent
no later than the applicable date referenced in this Contract.
19. ABROGATION. Except for the provisions of Sections 10.1, 10.2, 15 and 17 and express warranties
made in this Contract, the provisions of this Contract shall not apply after Closing.
20. RISK OF LOSS. All risk of loss to the Property, including physical damage or destruction to the
Property or its improvements due to any (muse except ordinary wear and tear and loss caused by a taking in
eminent domain, shall be bona by Seller until the transaction is closed.
21. TIME IS OF THE ESSENCE. Time is of the essence regarding the dates set forth in this Contract.
Extensions must be agreed to in writing by all parties. Unless otherwise explicitly stated in this Contract:
(a) performance under each Section of this Contract which references a date shall absolutely be required by
5:00 PM Mountain Time on the stated date; and (b) the term "days" shall mean calendar days and shall be
counted beginning on the day following the event which triggers the timing requirement (i.e., Acceptance.
etc.). Performance dates and times referenced herein shall not be binding upon title companies, lenders,
appraisers and others not parties to this Contract, except as otherwise agreed to in writing by such non-
ParlY•
22. FAX TRANSMISSION AND COUNTERPARTS. Facsimile (fax) transmission of a signed copy of
this Contract, any addenda and counteroffers, and the retransmission of any signed fax shall be the same as
delivery of an original. This Contract and any addenda and counteroffers may be executed in counterparts.
Page 5 of 6 pages Seller's In' r _ Date 110 fl I e4 Buyer's Initit is
23. ACCEPTANCE. "Acceptance" occurs when Seller or Buyer, responding to an offer or counteroffer
of the other: (a) signs the offer or counteroffer where noted to indicate acceptance; and (b) communicates to
the other party that the offer or counteroffer has been signed as required.
24. CONTRACT DEADLINES. Buyer and Seller agree that the following deadlines shall apply to this
Contract:
(a) Seller Disclosure Deadline
(b) Due Diligence Deadline
(c) Settlement Deadline
'- i4
1 '?1 14
(Date)
(Date)
(Date)
25. OFFER AND TIME FOR ACCEPTANCE. Buyer offers to purchase the Property on the above
terms and conditions. If Seller does not accept this offer by: 5:09 [ j AM [X) PM Mountain Time on
October 8, 2014, this offer shall lapse; and the Title Company shall return the Earnest Money Deposit to
Buyer.
(Buyer's Si , ) -- (Offer Date) (Buyer's Signature) (Offer bate)
The later or the above Otter Dates shall be referred to as the "Offer Reference Date"
t
rnoCervFu-
(Buyers'Names) (PLEA E PRINT)
CHECK ONE:
�i 3537 X.+-tw-CreA.L GV . thalami. (. ocbg • ^' r ‘)1
(Notice Address) ('Lip Code) (Phone)
ACCEPTANCE/COUNTEROFFER/REJECTION
plot( ACCEPTANCE OF OFFER TO PURCHASE: Seller Accepts the foregoing offer on the terms and
nditions specified above.
t j COUNTER OFFER: Seller presents for Buyer's Acceptance the terms of Buyer's offer subject to the
exceptions or modificati as specified in the attached ADDENDUM NO.
rimsprl
e) �f (Seller's Signature) (Date) (Time)
rei gcf e PArL-10 .J
(Setters'tkiames) (PLEASti KIN I") NoiiceAiadre..sj (7.ipCodc) (Pltuna.)
I 1 REJECTION: Seller rejects the foregoing offer.
(Setter's Signanrre) (Date) (Time) (Scliet s Signature) (Date) (Time)
Page 6 of 6 pages
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J ��� City of Iona Cpnditional Use Permit Application
qv) 9Property Owner 1Zf3 H-rder6/ 44c' Phone Number „?61-g-5 e/,)- 93e)ci
•SeC' <:!/iris°<lNcl 37s(.✓re i./c/.re Jam'• 6
Property Address Mailing Address r`'i/ sn, �3CC
In the space below or in an attached narrative, describe the proposed use. Include
information regarding present use of property, activities to be included, building and
structures to be used, adjacent land use, equipment to be operated, hours of operation.
outside storage, number of employees. facilities to accommodate the public, and other
information required by the Planning and Zoning Commission and City Council.
See o-/>/aC' `/ed
I hereby certify that the above application and all attachments are true, correct, and
complete to the best of rt�y knowledge and belie -,"7
Signed
l
Please include any required plans or sket es.
Date Filed:
Fee Paid: %� CK %.� Signed: y.l.
ity Clerk
tlGi"17 _ _ Date tG' • -.X (/
LEAVE B ANK-FOR CITY USE ONLY
Exhibit "B"
City of Iona
3548 N Main St
PO Box 487
Iona ID 83427 (208)523-5800
Receipt No:1.008212 Oct 22, 2014
Rockwell Homes
General - Business IJc 8 Vendor Permits 100.00
Zoning Application - for Country Haven Pation Homes
General - Business I.ic 8 Vendor Permits 100.00
Conditional Use Permit for Patio Homes in Country Have
Total: 200.00
Check Check No: 7498 200.00
Total Applied: 200.00
Change Tendered: .00
Duplicate Copy
10/22/2014 04:51 PM
Rockwell
Homes
October 22, 2014
To: City of Iona
3548 North Main
P.O. Box 487
Iona, Idaho 83427
From: Rockwell Homes Inc.
3539 Briar Creek Lane, Suite E
Idaho Falls, Idaho 83406
Concerning: The Conditional Use Permit Application
The legal description of the property is
Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20, Block 2;
Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22, Block 3 Country Haven
Estates, Division No. 1, an addition to the City of Iona, County of Bonneville, State of
Idaho, according to the recorded plat thereof. The present use of the property is for
residential construction and currently has a conditional use permit for Patio Homes
(11-4-11) that will not transfer to a new owner if sold.
Rockwell Homes is in a contract to potentially purchase the property and is in a due
diligence period of discovery to make sure we can build on the property before money is
exchanged. Rockwell would like to build residential homes on the approved plat and
would like to clarify and set in writing the zoning and conditional use permit before
purchasing the property. Rockwell would request the property be zoned Residential
Townhouse (R-T) Zone with a Conditional Use Permit for building Patio Homes
(11-4A-11) adding no requirements for a basement.
The entire property and plat, have been previously approved by The City of Iona. A
large majority of the utilities have been installed for the entire subdivision. One half of
the subdivision has all of the utilities and paved roads currenty in place.
Thank you,
g Hansen
Vice President
3539 Briar Creek Lane, Suite E, Idaho Falls, Idaho 83406
Telephone: (208) 542-9300 Fax: (208) 542-9333
et
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41
October 23, 2014
To: City of Iona
3548 North Main
P.O. Box 487
Iona, Idaho 83427
From: RBH Idaho LLC
2880 North 55`"West
Idaho Falls, Idaho 83402
Concerning: The Conditional Use Permit Application By Rockwell Homes Inc.
RBH Idaho LLC has entered in to an agreement with Rockwell Homes Inc. to potentially purchase the
property described below and is in a due diligence period of discovery. Rockwell Homes has brought to
our attention the present zoning for the property which is currently zoned for residential construction
and has a conditional use permit for Patio Homes (11-4-11) that will not transfer to a new owner if sold,
making the properties unbuildable. This being the case we agree with and support Rockwell Homes in
their request to the City of lona that the property be zoned Residential Townhouse (R-T) Zone with a
Conditional Use Permit for building Patio Homes (11-4A-11) adding no requirements for a basement.
The legal description of the property is
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, Block 2; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, Block 3 Country Haven Estates, Division No. 1, an addition to
the City of Iona, County of Bonneville, State of Idaho, according to the recorded plat thereof.
Thank you for your help concerning this matter.
Sincerely,
Exhibit "C"
From: iona manor@hotmail.com
To: rnmonica@cableone.net
Subject: RE: Country Haven Estates
Date: Sat, 8 Nov 2014 23:14:39 -0600
Thanks for your input. I will forward it on to P/Z and council. brad
> From: rnmonica@cableone.net
> Subject: Country Haven Estates
> Date: Sat, 8 Nov 2014 21:09:04 -0800
> To: iona mavor@hotmail.com
> Mayor Anderson,
> Thank you for the opportunity to comment on the Country Haven Estates again. We live at 2559 N 50th E
and attended the original public meeting when this subdivision was first proposed. We were not in favor of
the smaller lot sizes in Blocks 2 and 3 at that time and are still not. Many adjacent residents to the proposed
subdivision spoke up against Blocks 2 and 3. But, it was apparent that the city had already made up their mind
in favor of the subdivision proposal before the meeting because it passed so quickly.
> We moved to our current residence in 2001 because we like the rural, small town feel that Iona provides.
Our lot is just under 11/2 acres and we enjoy the open space. Many of the lots around us are larger. I
understand that development is going to occur. But, the high density of Blocks 2 and 3 don't seem to fit.
Density of that type seems more conducive closer to the city center, not sandwiched between over an acre
lots and .33 acre lots.
> Unfortunately, the existing subdivision plat was approved in 2006 and there is not much that can be done to
change the plat. The only thing I can offer is don't make it even denser by switching from R1 to RT. Ideally, it
would be nice to see the lots in Blocks 2 and 3 combined to make .33+ acre lots. It would also be nice to see
some of the lots left as open space to create a park. The City of Iona annexed this subdivision into Iona when
they originally approved it in 2006. There are no parks near this area. I have noticed that families with small
children have moved into this area and having a park closer would be nice for the community. Plus, 50th E is
too busy of a road for small children to be on to head into Iona to access the parks.
> We are currently out of town and will be unable to attend the public meeting. Thank you again for the
opportunity to provide feedback.
1
> Monica Zimmerman
Exhibit "D"
City of Iona
From: Bruceandmerodene <bruceandmerodene@q.com>
Sent: Tuesday, November 11, 201411:25 PM
To: iona@cityofiona.org
Cc: Brad Andersen
Subject: Public Hearing Country Haven Estates
To:
Iona Planning and Zoning Committee and Iona City council
We are unable to attend the public hearing that is scheduled for Wednesday November 12, 2014. However, we would
like to voice our opinion on the matter.
We are very much opposed to the re -zoning and conditional use permit request made by Rockwell development in
regards to the Country Haven addition. To allow homes to be built on 1/7 acre plots (patio homes) is ridiculous! The
current homes and surrounding homes are on a minimum of 1/3 acre lots. Many homes are on 1 acre lots, such as ours
and most of our neighbors. That is one of the main reasons many of us bought homes in Iona, to have the wide open
space. To clutter our neighborhoods and cram as many homes into an area is absurd. The homes currently in Country
Haven are nice big beautiful homes and were built with high standards. We would expect any developer to be consistent
in building homes with the same high standards as the existing homes. It will definitely decrease the value of the homes
currently there if this change is made.
dik Our city already has several new additions that have these small lots (Mountain Ridge and Rose Valley). We do not feel
that it would be in the best interest of our city to have these types of homes/zoning in every new addition. Let's have a
nice subdivision without this type of zoning!
It's very interesting to us last month Rockwell was threatening our city with a law suit and this month they are asking
for our city to grant them special permission to change our zoning policy.
Really7?1?! It's very obvious that they do not have our cities best interest in mind, rather they are only interested in
what is best for them, and that is how much money they can make off of our citizens.
We are STRONGLY OPPOSED to changing the zoning and granting conditional use permits to Rockwell in the Country
Haven addition.
We hope you (planning & zoning and city council) will keep our citizens interests in mind and not vote for this change.
Thank you,
Bruce and Merodene Case
Sent from Merodene's iPad
Exh i bit "E"
City of Iona
From: Michelle Benson <mbenson42@cableone.net>
Sent: Wednesday, November 12, 2014 2:47 PM
To: Iona@cityofiona.org
Subject: Hearing tonight
I am writing in regards to the changing of zoning of the Country Haven subdivision. My husband and I are
against it for several good, common sense reasons.
The subdivision currently has nice homes with decent sized lots. Cramming in "patio homes" will bring down
the property values of the rest of the subdivision. These types of homes are even smaller than starter homes and
will inevitably become rentals, especially because they will be butted up against railroad tracks. It seems the
developer is just putting these types of homes, of which there are already plenty of in nearby new subdivisions,
to make as much money as possible, disregarding the impact on the community, roads, school, utilities, etc.
Also is a consideration is the increased usage of Iona's sewer and water utilities. Having been through the
addition of the Country Haven subdivision to our water line, we permanently have SIGNIFICANTLY LESS
water pressure and unpredictable water pressure now. Yes we have already addressed this with Iona Water.
They tell me there is nothing else that can be done. There will already be a stress on the water just adding the
planned homes in Country Haven, nevermind if you allow the developers to cram even more users into the
system.
50th E is already a busy road, with the stop signs at the railroad and intersection of Free and 50th getting run all
the time, especially now with no officer. Adding even more homes per square inch will just exacerbate the
traffic problem on 50th E and therefore Free, Main, etc.
It is a betrayal of trust to the residents of the area, both currently in the Country Haven subdivision and along
50th E, as well as to the residents of the City of Iona to change the rules of the game after the fact. Please
consider the interests of the residents of the City of Iona first before the financial interests of a developer. They
will come and go, taking their money with them. Iona residents are our family and friends and will be here to
suffer the consequences of over -development in these subdivisions.
See you tonight,
Michael & Michelle Benson
2616 N 50th E
1 Exhibit "F"
City of Iona
From: r_geray@hotmail.com on behalf of Robert Geray <robgeray@cityofiona.org>
Sent: Thursday, October 09, 2014 7:39 PM
To: City of Iona
Subject: RE: R-A ZONE IN COMPARISON TO R-1 ZONE
Off the top of my head, I would say area requirements and animal allowances. As I recall, the animal
allowances are the same between our R-A and R-1. Being agricultural (and a larger size requirement), I would
think the R-A zone might allow a little more flexibility with the animals. This stems a little from the annexation
issues. Also, they (P&Z) should see how our R-A zone stacks up against the county RA-1 zone. I know the
county allows animals based on square footage vice acreage...something to consider. Ultimately, I'm trying to
close the gap with the county and make coming into the city a little more appealing, without getting too loose.
Rob
From: iona@cityofiona.org
To: robgerav@citvofiona.org
Subject: R-A ZONE IN COMPARISON TO R-1 ZONE
Date: Thu, 9 Oct 2014 17:04:18 -0600
ros Hi Rob,
P&Z asked for recommendations for the Iona R-A Zone in comparison to the R-1 Zone.
Thanks,
Julie Hammond, City Clerk
City of Iona
PO Box 487
Iona ID 83427
208-523-5600
i