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Minutes_Planning & Zoning Meeting_07092014
PLANNING AND ZONING MEETING IONA COMMUNITY CENTER JULY 9, 2014 6:30 P.M. PRESENT: City Attorney Dale W Storer, Chairman Dan Garren, Members — Roy Hobbs, Bette Lovinus, Melanie Shirling, and Clerk Julie Hammond. ABSENT: None. VISITORS: Carolyn Depperschmidt, David M Taylor, Dale Nealis, Jeromy Stafford, Carolyn Hansen, Karen Lugo, Tom Lugo, Rodney Bell, RoseAnn Nealis, Mike Coombs, Kevin H Davies, Lance Wartchow, Traci Mockli, Jim Baster, Alma Stumpp, Greg Hansen, John Seedall, Jack Depperschmidt, Silas Young, Dixie Young, Craig L Hansen, Kristen Stafford, Rob Hawkins, Chris Hawkins, Roger Killian, Vicki Killian, Jinger Coombs, Aubrey Wieber, Lori Davies, Susan Jardne, Trina Stumpp, Ryan Walker, Hugo Rubio, Blanca Rubio, Michael Waters, Lisa Hawkins, Linda Stanger, Brad Nielsen, Renee Cook, Travis Lake, and Republican Dell Raybould. Chairman Garren welcomed everyone and Member Hobbs led with the Pledge of Allegiance. Nu'r Subdivision Annexation Public Hearing — 6:30 p.m.: Chairman Garren had Planning & Zoning Members introduce themselves. He explained the public hearing process and reminded everyone that Planning & Zoning (P&Z) doesn't make the decision but gives a recommendation to Council. Chairman Gauen stated is was important to hear from everyone and to please keep your comments from three to five minutes long. Chairman Garren led everyone through a Power Point Presentation including the following: Exhibit "1" — City of Iona Boundaries/Impact Area Exhibit "2" — Nu'r Subdivision Recorded Plat Exhibit "3" — City of Iona Annexation Plan Exhibit "4" — City of Iona Public Hearing Notice Exhibit "5" — City of Iona Comprehensive Plan Exhibit "6" — Bonneville County Residential Agricultural (RA-1) Zone Exhibit "7" — City of Iona Single Family Residential (R-1) Zone Exhibit "8" — City of Iona Residential Agricultural (R-A) Zone Exhibit "9" — City of Iona P&Z Category B Annexation Public Meeting Power Point Exhibit "10" — Idaho Statutes Title 50 (Municipal Corporations) Chapter 2 (General Provisions — Government — Territory) Chairman Garren explained that the City was trying to manage growth. He indicated the growth taking place across the street from the Nu'r Subdivision Homeowners. Chairman Gauen explained the City must be contiguous to the Green Valley Subdivision in order to annex it into the City. He stated, under Idaho State Law — Annexation Legislation, cities are allowed to annex lands which are reasonably necessary to assure orderly development; to allow efficient and economically viable provision of tax -supported and fee supported municipal services; enable orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas; and to equitably allocate costs of public services in management of development on the urban fringe. Chairman Garren explained that the City of Iona had met the requirements and taken the necessary steps to initiate a Category B Annexation of the Nu'r Subdivision. Chairman Garren addressed written comments (Exhibits "E-Z"). He stated most of the concerns were that Nu'r Residents did not want to be a part of Iona or have their water system. Chairman Garren explained that residents had the following options: 1. Nothing changes and Nu'r Residents maintain control of said water system. 2. The City gains control of said water system and inherits all operation and maintenance costs. 3. The City could extend a mainline from the western boundary of Mountain Ridge #4 to the community line of Nu'r Subdivision and connect them to the City. This would alleviate the operation and maintenance costs from the Nu'r Residents and supply them with a more reliable water system. All of the cost of construction could be covered by the City. Chairman Garren addressed another concern of Nu'r Residents which was higher property taxes. Nu'r Residents felt that they did not benefit from being annexed into the City of Iona. Chairman Garren explained that Nu'r Residents would have enhanced police coverage, repair and maintenance of roads. Another concern addressed by Chairman Garren was the ability for Nu'r Subdivision Homeowners to keep their animals (horses, cows, sheep, and chickens) and out buildings. He stated that under City Code Single Family Residential Title 11, Chapter 4, Section D allows for animals but another option might be to change the zoning to Residential Agricultural Title 11, Chapter 3, which is a more liberal animal husbandry zone. Chairman Garren explained that all non -conforming uses would be grandfathered in. Chairman Garren addressed property values. He indicated that properties in Bonneville County average 99 days on the market and the City of Iona properties average 103 days on the market. He stated the average sale price within Bonneville County at $158,719 and in the City of Iona the average sale price was $178,411. Chairman Garren opened the public portion of the hearing at 6:58 p.m. Those in favor, none; neutral, none; opposed, sixteen. Carolyn Depperschmidt of 4570 E Iona Rd was opposed. She stated with the growth of the City we would have to change the motto of "Small Town with a Big Heart." She also hated to see it become another Ammon. David M Taylor of 2860 N 45th East was opposed. He stated his property taxes would increase and he can't afford more taxes. Bonneville County already provides them with all services. He stated that the City says Nu'r Residents are using the Iona streets and parks but do Iona Residents use Ammon and Idaho Falls parks and streets. He stated that if Iona thinks their park is all that, they should put up a gate and charge a fee. As far as a zoning change he stated he likes his lifestyle and doesn't want to be grandfathered in. Dale Nealis of 2810 N 45th East was opposed. He agreed with Mr. Taylor. Mr. Nealis indicated their property value would be less if annexed into the City of Iona. He can shoot in his backyard if he wants to, but doesn't because it is not ethical. " J e r o m y S t a f f o r d o f 2 9 2 0 N 4 5 t h E a s t w a s o p p o s e d . H e a s k e d w h y I o n a w o u l d n e e d t o e x p a n d . T h e C i t y o f I d a h o F a l l s p r o v i d e s f i r e , s e w e r , a n d p o l i c e p r o t e c t i o n . M r . S t a f f o r d s t a t e d n o r m a l l y r e s i d e n t s c o m e t o t h e c i t y f o r s e r v i c e s , n o t t h e c i t y m o v i n g i n . A s f a r a s t h e m u n i c i p a l s e r v i c e s , h e s t a t e d t h a t t h e C i t y o f I o n a d o e s n ' t p r o v i d e s e w e r , f i r e , o r g a r b a g e s e r v i c e . T h e r o a d i s m a i n t a i n e d b y B o n n e v i l l e C o u n t y a n d t h e C i t y o f I o n a o n l y h a s o n e p l o w . M r . S t a f f o r d h a s n e v e r n e e d e d p o l i c e p r o t e c t i o n ; h e d o e s n ' t e v e n l o c k h i s d o o r . T h i s i s j u s t a l a n d g r a b a n d t h e C i t y o f I o n a o n l y w a n t s o u r t a x m o n e y . C o d e p r o v i d e s j u d i c i a l r e v i e w ; I w i l l f i g h t y o u e v e r y s t e p o f t h e w a y . T o m L u g o o f 2 7 6 2 N 4 5 t h E a s t w a s o p p o s e d . H e i s a s a l e s m a n , o w n s h i s o w n b u s i n e s s , a n d t r a v e l s a l o t . M r . L u g o i n d i c a t e d h e s p o k e w i t h s o m e o n e f r o m R e x b u r g t h a t t h a n k e d h i m f o r t a k i n g t h e b u l l e t s f o r t h e m ; t a k i n g a w a y o n e p e r s o n ' s r i g h t s . T h e y s t a t e d y o u a r e o n t h e f r o n t l i n e s , i f a n n e x e d ; t h e y c a n d o i t m o r e i n S h e l l e y a n d R e x b u r g . M r . L u g o c a m e h e r e f r o m C a l i f o r n i a , w h e r e h e s a w s o m e o n e s h o t . H e c a m e h e r e t o r e d u c e n o t e x p a n d . R o d n e y B e l l o f 2 9 5 0 N 4 5 t h E a s t w a s o p p o s e d . H e c a m e f r o m T e n n e s s e e , I o n a i s a b o u t a s r u r a l a s y o u c a n g e t . M r . B e l l s e c o n d e d a l l o f w h a t M r . S t a f f o r d s t a t e d . A s f a r a s s a f e t y i s c o n c e r n e d , h e d o e s l o c k h i s d o o r s , b u t h a s n e v e r f e l t s a f e r . T h e N u ' r W e l l h a s t h e b e s t w a t e r h e e v e r t a s t e d . T h e o n l y r e a s o n h e e v e r c a m e t o I o n a w a s t o v o t e a n d t a k e h i s d a u g h t e r t o d a n c e , w h i c h h e p a y s f o r . M r . B e l l d i d n ' t f e e l h e w o u l d g e t a n y a d d i t i o n a l s e r v i c e s b y b e i n g a n n e x e d i n t o I o n a . R o s e A n n N e a l i s o f 2 8 1 0 N 4 5 t h E a s t w a s o p p o s e d . S h e s t a t e d t h a t t h e F o r e F a t h e r s g r a n t e d u s r i g h t s ; w e l o s e o u r r i g h t s e v e r y d a y . M s . N e a l i s c a m e f r o m a s m a l l c o m m u n i t y a n d w a n t e d t o l i v e i n t h e c o u n t y . S h e s t a t e d o n t h e c o r n e r o f F r e e d o m a n d 4 5 t h t h e r e i s s t o p p i n g , s t a r t i n g , c o m m o t i o n , a n d t h e y c a n ' t e v e n s i t o n t h e i r p a t i o . S o m e t h i n g h a d h a p p e n e d t o t h e i r m a r e , s h e w a s v e r y n e r v o u s . S h e s t a t e d t h e i r w a t e r i s t h e b e s t s h e e v e r t a s t e d . P r o p e r t y v a l u e s w i l l g o d o w n a n d s h e w a s a f r a i d t h a t t h e i r p r o p e r t y w o u l d e n d u p j u s t l i k e t h e h o m e s o n 1 7 t h S t r e e t . S h e a s k e d I o n a t o g i v e t h e m t h e f r e e d o m o n t h e i r p r o p e r t y . M i k e C o o m b s o f 2 6 6 0 N 4 5 t h E a s t w a s o p p o s e d . M r . C o o m b s a s k e d w h y I o n a w a n t s u s ; y o u m u s t h a v e s o m e t h i n g u p y o u r s l e e v e . H i s d a d a n d u n c l e w e n t t o w a r a g a i n s t H i t l e r f o r t h e s a m e r e a s o n . H e h a s t w o p r o p e r t i e s a n d w o u l d n o t g e t j a c k s q u a t . H e r e f e r e n c e d t h e c o m m e n t t h a t t h e y u s e I o n a ' s p a r k s . H e s t a t e d t h a t w a s c l a s s l e s s . W e l i v e i n A m e r i c a w h e r e t h e f l a g m e a n s s o m e t h i n g ; L i f e , L i b e r t y , a n d t h e P u r s u i t o f H a p p i n e s s . M r . C o o m b s s t a t e d t h a t t h e y h a d n o s a y i n I o n a ' s C o m p r e h e n s i v e P l a n . I t i s t a x a t i o n w i t h o u t r e p r e s e n t a t i o n . A s f a r a s s a l e s g o ; a l o t o f p e o p l e a r e b u y i n g h o m e s a n d p u t t i n g m o n e y i n t o e s c r o w s . M r . C o o m b s m a d e s o m e p h o n e c a l l s t o l e g i s l a t u r e a n d I o n a b e t t e r h u s t l e b e c a u s e t h e l o o p h o l e w i l l b e c l o s e d . H o w m a n y p e o p l e w a n t o r c a r e a b o u t t h i s a n n e x a t i o n . T h r e e y e a r s a g o h e w a s a p p r o a c h e d b y M a y o r A n d e r s e n . H e s t a t e d M a y o r A n d e r s e n w a n t e d t h e w e l l a n d t h e w a t e r r i g h t s . H e s t a t e d I o n a ' s P o l i c e D e p a r t m e n t i s a j o k e ; I o n a h a s n o s e w e r s e r v i c e ; r o a d s a r e a j o k e ; n o f i r e s e r v i c e s . M r . C o o m b s w a s s t r o n g l y o p p o s e d a n d s t a t e d y o u d o n ' t h a v e t h e p o w e r . K e v i n D a v i e s o f 2 8 9 0 N 4 5 t h E a s t w a s o p p o s e d . H e m o v e d i n t o h i s h o m e i n 1 9 8 0 , t h e r e w e r e h a y f i e l d s a l l a r o u n d . I o n a h a s g r o w n . M r . D a v i e s d i d n ' t s e e w h y I o n a c o u l d n ' t t a l k t o S t r u h s ' a n d H o w e l l ' s n e x t t o t h e c h u r c h . H e s t a t e d t h e r e s a l e f i g u r e s y o u h a v e l o o k g o o d b u t n o t a r e a l i t y ; n o t p e r p e t u i t y . H e d i d n o t w a n t t o d i s r e s p e c t t h e o f f i c e r . T h i s o f f i c e r c o m e s f r o m A m m o n . M r . D a v i e s w a s a d a m a n t l y o p p o s e d . H e w o u l d b e d e a l i n g w i t h o u r l e g i s l a t o r s . Lance Wartchow of 4600 E Iona Rd was opposed. He owns six acres east of the Nu'r Subdivision. Mr. Wartchow asked how Iona leap frogs his property to get to their property. Traci Mockli of 2750 N 45th East was opposed. She has lived in her home since 1987 and has raised two boys there. Ms. Mockli is looking at retirement and wondering how she can afford it. She asked how could Iona force us to annex; was shocked they could. This will have an economic impact. The water is great, cold, and good. There are businesses in homes in our subdivision. Is there any other way around this? We have as many horses as we want to have. Ms. Mockli was in agreement with her neighbors. Jim Baster of 2750 N 45th East was opposed. He saw the Area of Impact Map; you could go around. He has never had to call the police. Who takes over the water? Mr. Baster indicated that home values are at 80% on busier streets. There is no curb appeal. When are you going to take our animals? Alma Stumpp of 3150 N 45th East was opposed. He stated he had cool neighbors. He indicated that they were not properly notified. Mr. Stumpp was opposed to this and that it is even taking place. He asked if 45tn was going to be a City road. Mr. Stumpp stated this was a land grab at best. There was no benefit to Nu'r Residents or Iona. They had just spent $20,000 upgrading their pump. One of the proposals from Iona was to take it over; this was an asset to their property. Mr. Stumpp was reviewing Planning & Zoning Meeting Minutes and stated that when people come to annex into the City you make restrictions but for us you make exceptions. He stated the flag lot was too long and couldn't sell. There are City Ordinances on animals; you can have so many chickens, cows, but not pigs. He bought in the County in 1995. He doesn't want to be a part of the City. On another point, he stated there are only three states that it is legal to do this. This is not constitutional; you forced us to be here at this meeting. Greg Hansen, Rockwell Development, of 5699 Veil Dr was opposed. Rockwell had been searching and found a very good attorney who deals with this sort of thing. The whole reason Iona wants to do this is for the revenue; wants revenue from Green Valley. Rockwell proposed this subdivision to Bonneville County. Let the County have it. Iona approached Rockwell with annexing Green Valley but they needed to be contiguous. He told Iona if they wanted the property they better get going because once a home sold they would not annex. The City could not find anyone that wanted to annex. Mr. Hansen indicated that he asked what Iona was going to do right before the first buyer. Mr. Hansen stated that Iona had sent a letter asking Rockwell to annex. They opposed because it is the homeowners choice. The homeowners bought thinking it was Bonneville County. Rockwell is adamantly opposed to the annexation because it is a forced annexation. It doesn't meet Iona's zoning. He suggested Iona change their zoning if they want Rockwell property so bad. They have retained an attorney that has taken a lot of these cases. They will recoup the fees and they have deep enough pockets to fight it all the way. Mr. Hansen stated that forcing someone is not right. The visitors applauded. Robyn Hansen of 2720 N 45th East was opposed. Her brother built the home in 1972 and they bought it in 1976. They loved the location. They have had a home business since 1989. They have horses on their land and had a working ditch until the neighbors behind them buried it. The neighbors stated that they would not unbury it for the safety of their kids. Rockwell came in and unburied it on our side of the property. You are trying to take our freedoms away. I am against it. Chairman Garren closed the public portion of the hearing. He addressed the questions presented. " " C h a i r m a n G a r r e n s t a t e d I o n a c a n ' t l e a p f r o g t h e s i x a c r e s o f p r o p e r t y ; i t h a s t o b e c o n t i g u o u s . C h a i r m a n G a r r e n e x p l a i n e d t h a t g r o w t h i s g o i n g t o h a p p e n a n d i t d o e s h a v e a n i m p a c t / s t r a i n o n I o n a . T h a t i s w h y I o n a w a n t s t o a n n e x t h e p r o p e r t y ; t o m a n a g e g r o w t h . C h a i r m a n G a r r e n e x p l a i n e d t h a t p r o p e r t y v a l u e s a r e d i f f i c u l t t o p r o j e c t b u t t h e p o i n t h e w a s t r y i n g t o m a k e w a s t h a t i n I o n a t h e y a r e h i g h a n d t h a t i t w o u l d b e u n l i k e l y t h a t p r o p e r t y v a l u e s w o u l d g o d o w n a s a r e s u l t o f b e i n g a n n e x e d i n t o I o n a . C h a i r m a n G a r r e n i n d i c a t e d t h a t o n e o f t h e o p t i o n s f o r t h e w a t e r w a s t h a t n o t h i n g w o u l d h a p p e n . H o m e o w n e r s c o u l d c o n t i n u e u s i n g t h e i r w e l l . W a t e r a g r e e m e n t s w o u l d h a v e t o b e n e g o t i a t e d w i t h t h e C i t y C o u n c i l . C h a i r m a n G a r r e n s t a t e d t h a t 4 5 t h w o u l d r e m a i n a C o u n t y R d b u t D e n n i n g a n d F r e e d o m w o u l d b e i n a n d m a i n t a i n e d b y t h e C i t y o f I o n a . C h a i r m a n G a r r e n s y m p a t h i z e s w i t h t h e h o m e o w n e r s b u t r e m i n d e d t h e m t h a t t h e p u b l i c p o r t i o n o f t h e h e a r i n g w a s c l o s e d a n d t h e i r c o m m e n t s w e r e n o t b e i n g n o t e d . H e s t a t e d i t w a s t i m e f o r i n t e r n a l d e l i b e r a t i o n s . C h a i r m a n G a r r e n s t a t e d t h a t I o n a d o e s h a v e e x i s t i n g c o d e f o r h o m e b u s i n e s s e s . P l a n n i n g & Z o n i n g ( P & Z ) M e m b e r S h i r l i n g s t a t e d t h a t I o n a h a s l o w e r d e n s i t y h o u s i n g w h i l e t h e C i t y o f A m m o n , C i t y o f I d a h o F a l l s , a n d B o n n e v i l l e C o u n t y a l l o w f o r h i g h e r d e n s i t y h o u s i n g . T h i s c a u s e s m o r e t r a f f i c . W e w a n t t o k e e p o u r s m a l l t o w n a n d b e a b l e t o m a n a g e t h e t r a f f i c . P & Z M e m b e r H o b b s s t a t e d t h a t w e a l l s h a r e f r e e d o m s . I f y o u l o o k a t t h e o v e r a l l g r o w t h , p o i n t i n g o u t A m m o n a n d B o i s e , y o u w a n t t o l o o k a t t h e w h o l e c o m m u n i t y a n d y o u h a v e t o m a n a g e g r o w t h . R o c k w e l l i s f o l l o w i n g B o n n e v i l l e C o u n t y C o d e w h i c h i s h i g h e r d e n s i t y ; h i g h d e n s i t y d r o p s y o u r p r o p e r t y v a l u e . P & Z M e m b e r H o b b s e x p l a i n e d t h a t a l l n o t i c e s w e r e s e n t o u t i n a t i m e l y m a n n e r . T a x a t i o n i s a b u r d e n e v e r y o n e s h a r e s . H e s a i d w e n e e d t o l o o k a t a t e n y e a r g r o w t h p l a n a n d b e p r e p a r e d f o r l o n g - t e r m c h a n g e s . H e s t a t e d t h a t 4 5 t h w i l l e x p a n d a n d t h e I o n a B o n n e v i l l e S e w e r D i s t r i c t i s l o o k i n g a t t h e i r i m p a c t a g r e e m e n t w i t h t h e C i t y o f I d a h o F a l l s a n d B o n n e v i l l e C o u n t y . P & Z M e m b e r H o b b s e m p a t h i z e s w i t h t h e N u ' r R e s i d e n t s b u t I o n a i s t r y i n g t o m a n a g e g r o w t h . M r . N e a l i s a p p r o a c h e d t h e P & Z M e m b e r s a n d a s k e d t h a t h i s n a m e b e r e m o v e d f r o m t h e m e m o r i a l i n f r o n t o f t h e C i t y B u i l d i n g . P & Z M e m b e r L o v i n u s r e m i n d e d e v e r y o n e t h a t g r o w t h i s c o m i n g a n d t h a t R o c k w e l l h a d a p p r o a c h e d t h e C i t y f o r a h i g h d e n s i t y s u b d i v i s i o n w h i c h w a s d e n i e d b y t h e C i t y o f I o n a . T r a f f i c w i l l g e t w o r s e . M e m b e r L o v i n u s s t a t e d t h a t n o t h i n g c a n s t a y t h e w a y i t i s b e c a u s e o f t h e f u t u r e . C h a i r m a n G a r r e n e x p l a i n e d t h a t t h e a n n e x a t i o n i s r e a s o n a b l y n e c e s s a r y . T h e p l a n d o e s p r o v i d e f o r t a x s u p p o r t e d s e r v i c e s a n d u r b a n d e v e l o p m e n t . T h e C i t y h a s t o g r o w ; u l t i m a t e l y g r o w a n d t h r i v e . C h a i r m a n G a r r e n s u g g e s t e d a n R - A Z o n e b e i n g m o r e a p p r o p r i a t e . " " P & Z M e m b e r H o b b s s t a t e d t h a t t h e y a r e o n l y a r e c o m m e n d i n g b o a r d a n d t h e u l t i m a t e d e c i s i o n c o m e s f r o m C o u n c i l . C h a i r m a n G a r r e n r e m i n d e d e v e r y o n e t h a t t h e i r c o m m e n t s a r e n o t b e i n g c a p t u r e d u n l e s s t h e y a r e a t t h e p o d i u m . V i s i t o r y e l l s , a r e y o u w i l l i n g t o e n d y o u r c a r e e r s . P & Z M e m b e r H o b b s m o t i o n e d t o r e c o m m e n d a p p r o v a l t o C o u n c i l o f t h e N u ' r S u b d i v i s i o n A n n e x a t i o n w i t h a n R A Z o n e . C h a i r m a n G a r r e n s e c o n d e d t h e m o t i o n . A 1 1 w e r e i n f a v o r , m o t i o n c a r r i e d . P l a n n i n g & Z o n i n g t o o k a f i v e m i n u t e r e c e s s . M i n u t e s A p p r o v e d : M e m b e r L o v i n u s m o t i o n e d t o a p p r o v e t h e P l a n n i n g & Z o n i n g ( P & Z ) M i n u t e s o f J u n e 1 1 , 2 0 1 4 a s w r i t t e n . M e m b e r S h i r l i n g s e c o n d e d t h e m o t i o n . A l l w e r e i n f a v o r , m o t i o n c a r r i e d . B o n n e v i l l e C o u n t y A r e a o f I m p a c t A g r e e m e n t / A r e a o f E x p a n s i o n : P & Z M e m b e r H o b b s e x p l a i n e d t h a t C h r i s F r e d e r i c k s o n , I d a h o F a l l s P u b l i c W o r k s D i r e c t o r , w a s r e v i e w i n g I B S D ' s a n d I o n a ' s d e s i r e d i m p a c t a r e a a n d w i l l h a v e a n a n s w e r i n A u g u s t . I f a g r e e d I B S D w i l l a g r e e t o e x p a n d s e r v i c e s a n d t h e n w e c a n a p p r o a c h B o n n e v i l l e C o u n t y . P & Z M e m b e r H o b b s r e p o r t e d t h a t t h e I d a h o F a l l s C i t y E n g i n e e r s t h o u g h t i t w o u l d b e a g o . I B S D i s l o o k i n g f o r g r o w t h a s w e l l . P & Z M e m b e r H o b b s s t a t e d t h a t t h e C i t y o f I d a h o F a l l s C o u n c i l w o u l d b e m e e t i n g t h e e n d o f J u l y . P & Z M e m b e r S h i r l i n g a s k e d h i m t o e - m a i l h e r t h e d a t e o f t h a t m e e t i n g ; s h e w o u l d l i k e t o a t t e n d . R e p o r t s C h a i r m a n G a r r e n r e p o r t e d t h a t h e h a d s e n t a d o c u m e n t o n A r e a o f C i t y I m p a c t a n d w o u l d b e s e n d i n g a n o t h e r d o c u m e n t a s w e l l . C l e r k H a m m o n d r e p o r t e d t h a t s h e h a d s p o k e n w i t h M a y o r A n d e r s e n r e g a r d i n g u p d a t i n g t h e I o n a C o m p r e h e n s i v e P l a n . S h e s t a t e d t h a t M a y o r A n d e r s e n i n d i c a t e d t h a t t h e o n l y t h i n g t h a t n e e d e d t o b e u p d a t e d w a s t h e B o n n e v i l l e / I o n a I m p a c t A r e a A g r e e m e n t a n d m a p s . C l e r k H a m m o n d s u g g e s t e d P & Z M e m b e r H o b b s v i s i t w i t h M a y o r A n d e r s e n . P & Z M e m b e r L o v i n u s r e p o r t e d t h a t s h e w o u l d b e a w a y f o r t h e n e x t t w o w e e k s . A c t i o n I t e m s a t a G l a n c e : C h a i r m a n G a r r e n : 1 ) P r e p a r e w r i t t e n f i n d i n g s o n t h e N u ' r S u b d i v i s i o n A n n e x a t i o n . M e m b e r H o b b s : 1 ) S e n d e - m a i l t o M e m b e r S h i r l i n g r e g a r d i n g I d a h o F a l l s C o u n c i l M e e t i n g . M e e t i n g A d j o u r n e d 8 : 3 0 p . m . A M P " L e g g i n U R B A N R E S E R V E A G R I C U L T U R E R U R A L R E S E R V E I N D U S T R I A L M I X E D U S E C O M M E R C I A L E S S C I T Y O F I O N A A c i E a @ I f I ' E I t . " I " . - " a a I k ! t " s . 4 , ! 1 1 1 1 . 1 ! L i - i s a s t i t a A m i t . r . E x h i b i t 1 . I o n a c i t y b o u n d a r i e s , a r e a o f i m p a c t b o u n d a r y a n d N u ' R s u b d i v i s i o n l o c a t i o n i n r e l a t i o n t o t h o s e b o u n d a r i e s . E x h i b i t " 1 " / a a I �r lb"04Citikt, ra an rim to i ' Fi 1 sto ter. 'NA x;. . 15 wo aozr. �/Y = RC a �, ems. rn Ue al r.y 14.�y i I . tit NUR SUBDIVISION BONNEVILLE COUNTY, CANO FART OF NW A SECI2 T24, R.38 E.8.M. E_Sr01 ENSN'ESINS COMMA; EtaSESS :aeo Taus, UP: S.Ax r .2e / Okra Co/oF.no Nash, IWAWA! ihdpoderc.roi-nr roomed .44. 44 /e rwt,//. I./ rune, reeoa+d h for/ n r . C(.1% VA; - 'refine/ear eer,aH.rdo4Skf/e cerase e/ J;✓,.1r,4 4 NoweRis e4.0aosd/ P«Ue 4/0.0 f..rof .' 1rLx grata 41Ser/r4,ge1 <e r N 64,0 6.oaordk 6,4 Nij,e � arp' CITY MIL APPROVAL AND ACCEPTANCE PrBeekd A Mr Ch/ C aei Ab _ ehy dl A9 4_ , e! areh Ame /+fa Sa•WHrarf lof oer+•see aye career, Ar*stea Maya COUNTY APPROVAL AND ACCEPTANCE &Mal n WI' oAtwe a re oar.i el • / Gbroron lrsex* "Exhibit A" w ;3 ERCNEEA'S CERTIFICATE Gaad F S +rr, a 7C� em' Pro/wive tgow' Jt kre*, eart4• /Pe r fir levr.11 0. hk RAM 1 reor 4r4 ri Net five a/ ua'f Oar r• lla P,waol aad drrrr ke bey ae~ kee 4ete red tree d iti sb ; :er bt ead filer/a die hew er �:-arr:a". .ivrzw!/x fwa>,. rei / firlte, retry the lee two, a ria 1we hem), ay molter a e7 erect ev d tk Geri : /a mr pF 81:CL.AR. C.BOR'PTK74 dermy oe ilr Avon! i Qua• e/ c'se a le►' Alf fEA sad /NOW Mew A'rrts:rt PIT .fk AGIN aq krdr he", *ear S,?ererr rut ,fe, *At? n-a'e'trt B.* "reef sewsre rea utee ; wet tWe'df rra feet; trivet M'OSOr, NaX +ee/, mein. set ears' Of* /.met re e pod rA Nt. Ala/ one ad me vitas glad /we {J!! iMe G:c, ar Ore+• d m' ker s, it; *sex? N?eref? Anal ** At-6 v. re ts'x lee * Are CP ee�i4� ' ever**, DEED DF AEDICATTN k d Mix :W We * orer rr.•' ab ffee ee tardy the re •x . %r. ke,e meet e, Me sem dire era.+ d a+i eta Are rain' nk me to 4 Abe/mere' Ale *oaf, WO re' sere* her Farr of Nur SeAverA7P G:lxvrik 4e r eche o ke or er ,kr • Os' pirn/ okof eed,'eeh ,t Mr p+kr for perpthv,' pert are ell r!nr*, al/e r ead &Newer raw Anse iv ite Ds•pkele at Aid en he eerayeArry Afee. sued*: tat Nry of.�R—lA/1tN. an laebo Gsnoniron RECCRCER'S CERTIFICATE NC. 41111P �.~ d Mew, rx p et itOmiilf, 1 /rrev �+� Arib!t Pb! xm AX/X1;51 0&a_.I o Arai—L el per xgel?d ate re Berl d Juk N. FlpfLi /er ;six i+Y / 41*7 a-+.•+j• ;rd * !meq ei tMr rel *e ey Ilaror a as err( rapy a' 1ar aloe/ ow / Cote!/1 FsAdor'/ ENGINEER'S APPRCVAL f sa•.':/y ."Aci ,' Aew Md po! ovra.M owe hdA!>I d ;t rat ad aarp. J (/ :/ falw;rr l sr= ACK,NCVILECGMENT ekOre Car */ s! keatwu,Tc Pew+ erry'd Lei? are *4. tik _Kr /ae ,f r dnaer. ,y rr h s ,re 1y al d !!r sere tke $'.evens+ adae.y actoareireAf .a Mr, at y trecws4dtrt AZ* •hr pow, A4rre axthine. -5.tr—.4 OlZ. ay,:asraer .rpNtf ^ ...:1.• ACzy q•AK Exhibit 2. Plat map of the Nu'R subdivision showing lot size and legal plats. Exhibit "2" ANNEXATION PLAN - NU'R SUBDIVISION A Proposed Annexation of the Nu'R Subdivision, a Bonneville County Subdivision, into the City of Iona, Idaho Introduction Pursuant to the provisions of Idaho Code § 50-222(5)(b) the City of Iona, Idaho, contemplates annexation of the Nu'R Subdivision, a Bonneville County Subdivision, into and within the corporate boundaries of the City of Iona. Such annexation shall consist of all lots located within such Subdivision, according to the plat thereof recorded as Instrument No. 423119, records of Bonneville County, Idaho. A true and correct copy of the duly recorded plat of such subdivision is attached hereto as Exhibit "A." The following is a brief analysis of the procedure for such annexation and the effect of such annexation upon such lots. Procedure for Annexation and Zoning of Such Property The procedure for annexation of such Subdivision is set forth in Idaho Code § 50- 222(5). Annexation and zoning of such lots shall be undertaken in accordance with the notice and hearing procedures set forth in Idaho Code § 67-6511. In accordance with such procedures, an initial notice of public hearing concerning the question of annexation and zoning shall be published in the Post Register and will be mailed by first class mail to every property owner located within the lands proposed for annexation, not less than twenty-eight (28) days prior to the date of the initial public hearing. All public hearing notices will establish a time and procedure by which comments concerning the proposed annexation may be received in writing and heard and additionally, public hearing notices will be delivered by mail and shall include a copy of this Annexation Plan or a one page summary thereof and will provide information regarding the location where a copy of this Annexation Plan may be obtained without charge. Notice of the proposed annexation and proposed zoning of the property will be given in accordance with Idaho Code § 67-6511, including a notice which will be posted on each lot proposed for annexation, not less than one week prior to the hearing. Tax Supported Municipal Services 1. In the event the annexation is granted, all publicly dedicated streets located within the Subdivision will be maintained by the City of Iona, at public expense, in accordance with policies, standards and regulations generally established by ordinance or resolution of the Mayor and City Council. 2. Police and public safety services will be provided by the Iona Police Department and by and through its existing contract with the Bonneville County Sheriff's Department. Exhibit "3" 3. Fire protection services will be provided by the City by and through the existing contract between the City of Iona and Bonneville County and/or the City of Idaho Falls. Changes in Taxation Currently the levy rate for lots located within the Subdivision is 11.499430 per thousand dollars of assessed valuation and upon annexation the levy rate will increase to 15.782927 per thousand. Levy rates will thereafter be adjusted in accordance with the provisions of Idaho Code § 63-805, from time to time. Under the current Bonneville County levy rate, a residential home in the Nu'R Subdivision with a combined (i.e. lot and structures) assessed value of $100,000 would have annual real property taxes of $1,149.94. If the Subdivision is annexed into the City of Iona the real property tax for such hypothetical lot would increase to $1,578.29 under the 2013 City of Iona levy rate. Similarly, a hypothetical residence and lot within the Subdivision with an assessed value of $150,000 would be assessed $ 1,724.91 per year under the current Bonneville County levy, which amount would increase to $ 2,367.44 per year, assuming such lot is annexed into the City of Iona and the levy rate remains unchanged. All of the hypothetical taxes stated above assume the owner of the lot qualifies for the statutory homeowner's exemption. Fee Supported Services 1. Currently the Nu'R Subdivision is served by a community water well and the City anticipates that such private service will continue in the event the annexation is approved. Currently a water main line exists in Freedom Avenue and lot owners within the Subdivision will be entitled to connect to such municipal water system, subject to the ordinances, regulations and policies set forth in Chapter 2, Title 8 of the Iona City Code. Connection fees and main line extension fees will be applicable in accordance with such Chapter. 2. Sewer services will continue to be provided by the Iona -Bonneville Sewer District and will not otherwise be effected or changed by the proposed annexation. Effects of Annexation upon Other Local Units of Government Inasmuch as the Nu'R Subdivision is an existing Subdivision within Bonneville County, annexation of the Subdivision is not expected to have any impact or additional burden upon governmental services provided by the local school districts, the Iona - Bonneville Sewer District or other local units of government. Proposed Future Land Use The proposed future land use designation under the Iona Comprehensive Plan, if annexed, will be "residential" and the zoning of the property, if annexed, will be R-1 under the Iona Zoning Ordinance. Additional Information Written questions concerning this Plan may be delivered to the Iona City Clerk, whose address is 3548 N. Main Street, Iona, Idaho. Telephone inquires may also be made to the Iona City Clerk at (208) 523-5600. Dated this day of June, 2014. CITY OF IONA Brad Andersen Mayor GAWPDATA\DWS\2708 City of IonaWJNEX\Nut Addition Annexation\Annexation Plan - Nu'R Subdivision.v3.wpd:sm g37 North 1/4 COR.SEC.IY TYN R58 EDW. S !v 1 9,71515111j i" 4/4' I., xtar8p _ �1iYV IZ V•Wk O `- - J� L JI 4:000 4 MW. rH v eareeet lffl o: 00 ti MIR SU !o1 DIVISION BONNEVILLE COUNTY, IDAHO PART OF NW 1/4 SEC.12 T2N., R.38 E. B. M. BENTON ENGINEERING CONSULTING ENGINEERS IDAHO FALLS, IDAHO SCALE: I" = 200' 45"Rod/</r Co%e--rat .11ao4.•s9 feorenae./1 7ho/,0or/of cr/-o%-sae' e'0•reyrefo r o/ 4,44/, /otr em/t. /e/ "5"7e•r a.//e•/e s/re1�rr c„./ rueo/ t- ,6o:/ • StO n» . Arco 00 "Exhibit A" So orbs IV 1111ros M . � � MOO, ora 5 __ /00 4 �3 e- / moo ••a 7r700CROWLEY1-.�i. li_._e_N.W. COR. SEC. 1Y TYN R58 E.B.M. �mwAY \ e• leeK".le- 7•[•Aoes „- Woier,o/ens n�rove'd laofeS/ofe�De/oe/neon/ <AF Nm/44 6y Howvrd S.eat'Fleoecl/ mob/•r /Yens-//b EntjAnerr Afar,•i/ wr/ir,ore rw /i/e ryrfh Bane✓//tie•o c e.n/y /f/en.//// Gene/ CITY COUNCIL APPROVAL AND ACCEPTANCE Presented to the Cagy Council this day of , A D /9 ofwhich time this Subdivision was approved and accepted -)AttestedMayor COUNTY APPROVAL AND ACCEPTANCE Presentedto the County Board a Commrss- ioners this clay of�,A.D. /91L,at which time this Subdivision �s approved and acc'eytd e Chairman 0002 v ti z 3" r _ a5,00 FfdAD _ e • �A.•m' i• is es C. es ea e•rom .Div 47Saa _ NO osor-e- tMf 1/4 COA. SEC.1 Y TYN R3E E. B. M.PaLl I ENGINEER'S CERTIFICATE /, David E Benton, o registered Profess/ono/ Engineer do hereby certify that of /he request` a the owners, / have surveyed the tract of /ono' shown on this ph"! and defer/6ed below o/so' have 5-a3o'/video' said fiat/ of .hid into blocks, /ofs and streets to be known as Nur Subdivision? , Bannevi//e County, Aloha, ono' / further certify that the tracing of this plat bearing my signature rs an exact copy of the original mop. David E Benton PE /doho Certificate No. 722 BOUNDARY DESCRIPTION Beginning of 7S5e /Vor/hwes/ coiner a/ Section /2 72N /P39 EB/ft and running thence /YB9'..treg-E along the seeetew tine 4zioo i''eef; thence So'osos'w t77/4 feel, thence ifigevi'3S E' 3541 feet; thence S o os os-Hi moo. oo feet ,- thence Nere-E ss E /814o feet, thence S0060s'!f/ BG0a9 feet" thence SQB' 15,35'N aft oo feet fo o /»tin/ on the Hier/ / ne of sand .5W7`/P.n rc xre9 Pew,/ being /Ve o:S OS'E 475.61r) /eat /fo�7 the Wes/ gr/vitet- Gbrner' of totes Section /2, thence /Ve O.iOS"E o'/ang dt/e Seeticsn tine e/47a9 fee/ to the ,Dorn/ of beq/nnrng, containing 25. 9/4 .Qcirs. DEED OF DEDICATION Be /f *moron ?hat- We the undersigned do /Sere - by certify that we are the /ego/ owners a the above described trot/ of land anon hove caused the same to be subdivided into bloc/ft, /ots and streets to be Xnou/n as Mir Subdivision Bonneville County Idaho ono' cue do hereby give, grand and dedicate /b the public for perpetual public use oil streets, a//eys ono' easements shown hereon for the purpose as noted on the occomrpony/rsg map. in Witness whereof eve, have hereun/o set our Signatures this . 2." day of Sep/ At /97/ JACt( Af FLYNN LANDS I/vC nn Idaho CorPorrs/ion RECORDER'S CERTIFICATE NO. i/13//Q Side of /doho, Cgtin4i of Bonnegil/e, / hereby e rtif that this Pia/ was f//en' a r `� /97L of 3Y — Af tin beak. & of Pier at page_ ad the requesd of Tiu/t M• FIyN1✓ fee f s oo. and / furfher certify that the tracing of this pot bear/fir g my signature rs on exact copy a the original ma, County R reei ENGINEER'S APPROVAL /tr.& P.es '" s«. CC11 / certify that / have hod i plat annined and /5nd An/ it is c -rect ono' oerep/ab Gate / . f - 4,/9 7/ /Cr • • my and/oice C/fy Engineer ACKNOWLEDGMENT Stale of /doho County of Bonneville Personally appeared before as, the andei- Signed /f/atory Public, the above Asfedpersons 1 rn number known fo me to b° the signers of the abaci• Ara of Dedication and duty oaf-now/edged to me Mal they execoted the Same far the _purpose therein mentioned. Dated p f ado e o </r- la(. th/sue boy of .Hy Canno/frian ex o//es 11.'nrif 2o-oeOf 4o110,1y Pubhe CITY OF IONA PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission for the City of Iona will conduct a public hearing on July 9, 2014 at 6:30 pm at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider the annexation and initial zoning of the Nu'r Subdivision, a Bonneville County Subdivision located on 45`h East (Crowley Road) between East Lincoln Road and East Iona Road. If such annexation is granted, the proposed zoning of the property will be R-1 and the Comprehensive Plan will be amended with the designation of such area as Residential, as provided in such Plan. NOTICE IS FURTHER GIVEN that a second public hearing will be conducted before the Iona City Council at 7:15 p.m. on July 15, 2014 at the said Community Center, also for the purpose of considering said annexation, initial zoning and Comprehensive Plan amendment. The Nu'r Subdivision is more particularly described, as follows: Beginning at the Northwest Corner of Section 12 T2N R38 E.B.M. and running thence N 89'39'35" E along the Section line 421.00 feet; thence S 0'05'05" W 277.44 feet; thence N 88'21'35" E 35.44 feet; thence S 0'05'05" W 1000 feet; thence N 88'21'35" E 187.40 feet; thence S 0'05'05" W 860.00 feet; thence S 88'21'35" W 644.00 feet to a point on the West line of said Section 12, said point being N 0'05'05" E 475.00 feet from the West Quarter Corner of said Section 12; thence N 0'05'05" E along the Section line 2147.00 feet to the point of beginning, containing 25.914 Acres. The public is invited to attend and public comment is encouraged. Written comments will be accepted and considered, provided they are delivered no later than three full business days prior to the hearing. Such comments must be physically delivered to the Office of the City Clerk at 3548 North Main Street, Iona, Idaho. Comments may also be emailed to the following email address: iona@cityofiona.org. A copy of the Annexation Plan for the proposed annexation may also be obtained from the City Clerk's office. Any person needing special accommodations to participate in such meetings should contact the City Clerk's Office no later than the day prior to the meeting. The City Clerk's telephone number is 523-5600. DATED this 6`h day June, 2014. Julie mond City lerk Mailed: June 24, 2014 Posted: June 24, 2014 Published: June 11, 2014 & June 24, 2014 Exhibit "4" g a m p q ! g x 3 s a 3 w o A p o e u o i p u n o j a 8 u e 9 A d o � a l a p u w o o d L O O Z ` f I l a q u i a n o N N O I S S I M A I O D 9 N I N I O Z U N V O N I N N V I d V N I O I a l p S q p a a r d a a d 4 6 s a n i u A . o n o 2 u p u a s a i d - a u l l i a g a n o 2 u m p i j u i u y A I - u r i c ' . m o m a m s u a g a i d u o - V N I O I J O A I I D c • RA-1, RESIDENTIAL AGRICULTURAL ZONE Section 1-801. General Objectives and Characteristics. 1. The RA-1 Residential Agricultural Zone is established to encourage the orderly and timely conversion of certain open land areas into residential areas as the need arises. The RA-1 Zone includes portions of the county which have been devoted to agricultural or other open land uses, but into which residential development should be directed as needed. 2. Representative uses in the RA-1 Zone include dwellings and maintenance of buildings and facilities for the keeping of animals and fowl for the production of family food and for the convenience and pleasure of those residing on the premises. 3. The use of land for residential purposes is given primacy in the RA-1 Zone. Use of certain lands for the production of animals and fowl may be required to be terminated with the development of the land for residential purposes. 4. To accomplish the objectives and purposes of this ordinance, the regulations set forth in this chapter shall apply in the RA-1 Residential Agricultural Zone. Section 1-802. Permitted Uses. The following uses shall be permitted in the RA-1 Zone: 1. One -family dwellings and buildings customarily accessory thereto. 2. Agriculture, provided that animals and fowl shall be raised only for the purpose of providing family food and for the pleasure of those residing on the premises, but not for commercial purposes. No more than one cow, pig or horse, and their dependent young shall be kept for each twenty thousand (20,000) square feet of lot area. No more than one sheep or goat and their dependent young and poultry flock of not more than one hundred (100) birds and their dependent young shall be kept for each five thousand (5,000) square feet of lot area. The total number of cows, pigs, horses, sheep and goats, including dependent young, which may be kept on any one lot shall not exceed five (5). A poultry flock of not more than one hundred (100) birds may be kept on any one lot. 3. Barns, corrals, pens, coops for the keeping of animals and fowl, when maintained in accordance with the rules and regulations of the Board of Health. 4. Churches and public, private and parochial school and educational institutions. 5. Campgrounds, public parks, public recreation grounds and buildings, not including outside storage yards. 6. Parking lots in connection with permitted buildings. 7. Identification signs for the identification of buildings not to exceed twelve (12) square feet when attached to the building. Any lighting of said signs shall be diffused or screened. 8. Group Daycare for up to 12 children operated in compliance with the provisions of a home occupation. With Revisions through 2/28/2011 52 Exhibit " 6" 9. Offices for professional persons and home occupation, provided: (a) The home occupation is conducted entirely within the dwelling and is carried on only by members of the family residing in the dwelling. (b) The home occupation does not involve the use of any accessory building or yard space for storage or activities outside of the dwelling not normally associated with residential use. (c) The home occupation is clearly incidental and secondary to the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling. (d) Signs are limited to one (1) non -flashing sign not larger in area than one and one-half (1 1/2) square feet. If lighted, the lighting shall be indirect. (e) Not more than the equivalent of twenty five (25) percent of the ground floor area of the dwelling is devoted to the home occupation. (f) The activities in connection with the home occupation do not involve the regular sale of goods on the premises. 10. Customary household pets. 11. Public utility buildings and structures. Section 1-803. Area. An area of not less than fifteen thousand (15,000) square feet shall be provided and maintained for each one -family dwelling and uses accessory thereto. Section 1-804. Width. The minimum width of any building site for a dwelling shall be ninety (90) feet. Section 1-805. Front Yard. There shall be a front yard of not less than thirty (30) feet, except as required under Section 1-420 of this ordinance. Section 1-806. Side Yard. 1. For an interior lot there shall be a side yard on each side of the main building of not less than one and one-half (1 1/2) inches for each foot of building length, or eight (8) inches for each foot of building height, whichever is greater, provided that no main building shall be set back less than ten (10) feet from a side property line. Side yard requirements for accessory buildings shall be the same as for main buildings, except that no side yards shall be required for accessory buildings which are located more than one hundred (100) feet from the front property lot line and at not less than twelve (12) feet from the main building. 2. For a corner lot there shall be a side yard on the side street of not less than thirty (30) feet. The side yard for the other side shall be the same as for interior lots. Section 1-807. Rear Yard. For main buildings there shall be a rear yard of not less than twenty (20) feet. For accessory buildings no rear yard shall be required on interior lots. Section 1-808. Barns and Corrals. Barns, corrals, pens, and coops for the keeping of animals and fowl shall be located at least one hundred (100) feet from the nearest dwelling or other building used for human occupancy. With City of Iona CHAPTER 4 SINGLE FAMILY RESIDENTIAL (R-1) ZONE SECTION 11-4-1: Purpose 11-4-2: Permitted Uses 11-4-3: Conditional Uses 11-4-4: Non -Conforming Livestock Use 11-4-5: Height Regulations 11-4-6: Setback and Site Requirements 11-4-7: Area Requirements 11-4-8: Water and Sewer Services 11-4-9: Accessory Uses 11-4-10: Off -Street Parking Requirements 11-4-11: Patio Homes 11-4-12: Keeping of Domestic Hens 11-4-1: PURPOSE: The purpose of the R-1 residential zone is to preserve residential neighborhoods, prevent over -crowding of the land and encourage the development of low density areas which are best suited for residential purposes. 11-4-2: PERMITTED USES: The following uses are allowed in the R-1 zone. (A) Single family dwellings. (B) Manufactured homes meeting the following conditions: 1. The manufactured home shall be multi -sectional and enclose a space of not less than one thousand (1,000) square feet. Exhibit "7" 2. The manufactured home shall be placed on an excavated and back -filled, permanent foundation and enclosed at the perimeter such that the home is located not more than twelve (12) inches above grade. 3. The manufactured home shall have a pitched roof with a slope of at least three (3) feet in height for each twelve (12) feet in width. 4. The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the City Council. 5. The manufactured home shall have a garage or carport constructed of like materials. 6. Additions to a manufactured home shall be of compatible construction using like materials. 7 The home, at the time of placement, must meet all city, state, and county minimum standard building codes. 8. Only one (1) manufactured home may be placed on any single lot. (C) Churches or other places of religious assembly. (D) The keeping of farm animals under the following restrictions: 1. No livestock or farm animals may be kept on lots of less than one (1) acre in total area. 2. Only one (1) animal unit per half ('/2) acre shall be allowed. One (1) animal unit shall represent: a. Cow - 1 b. Horse - 1 c. Sheep - 5 For all other animals not listed the City Council may set compatible standards. 3. All buildings, shelters, or enclosures for farm animals shall be located no closer than fifty (50) feet from any property line. 4. Pigs, swine, poultry, or fowl shall not be allowed in the R-1 zone, excepts for domestic hens as otherwise allowed under section 11-4- 12 of this chapter. (E) Home gardening and other horticultural uses not operated as a commercial enterprise. (F) Accessory buildings, provided the total enclosed area of all such structures shall not exceed two hundred (200) square feet. (Ord. 158-06-11, 8/16/11) (G) One (1) sign not to exceed four (4) square feet in area pertaining to the lease or sale of buildings or premises where the sign is located. This provision shall also apply to political signs during campaign periods. (H) Other similar uses that are determined by the City Council to be compatible with the purpose and intent of this zone. (Ord. 96, 5-24-05) 11-4-3: CONDITIONAL USES: The City may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The City may require an impact statement to assess the impact of any conditional use upon surrounding properties and upon city services and infrastructure. The City may impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood and city services or infrastructure from damage, hazard, nuisance or other detriment: (A) Duplexes. (B) Home Occupations, subject to the provisions of 11-11-12 and 11-11-13 of this Title. (C) Public facilities such as schools, parks and playgrounds, utility facilities and other municipal uses. (D) Temporary buildings for construction purposes for a period not to exceed one (1) year. (E) Boarding and rooming houses. (F) Manufactured homes or recreational vehicle parkas. (G) Nursery school or Day Care facilities. (H) Cemeteries. (I) Greenhouses. (J) Patio Homes, subject to the restrictions set forth in section 11-4-11 of this chapter. (Ord. 96, 5/24/05) 11-4-4: NON -CONFORMING LIVESTOCK USE: Any person keeping livestock in greater numbers than allowed by this Title within this zone on the effective date of this Title, may continue such use, provided if any animal in excess of the units permitted by this Chapter is sold and not replaced within nine (9) months after the sale, then the owner shall lose the right to maintain such non -conforming use. 11-4-5: HEIGHT REGULATIONS: No building or structure shall exceed two and one-half (21/2) stories or twenty-five (25) feet in height, whichever is greater. 11-4-6: SETBACK AND SITE REQUIREMENTS: The following setback requirements shall be observed in the R-1 zone: (A) Front yard. No building or structure shall be erected in the R-1 zone nearer than thirty-five (35) feet from the right-of-way line of the street. (B) Side Yard. No building shall be closer than ten (10) feet from any side property line, except corner lots, which shall maintain a thirty (30) foot side yard adjacent to the street which intersects the street upon which the building fronts. (C) Rear Yard. No main building or any other structure other than an accessory building shall be constructed closer than twenty-five (25) feet to the rear property Line. (D) Clear view of intersecting streets and ways. For the purpose of ensuring reasonable visibility and safety in the residential districts and in the business districts which require buildings to be set back from the right-of- way line, the triangle of land formed on any corner lot by drawing a line between the points on the two lot lines, which points are each thirty (30) feet from the intersection of said lot lines, shall be free from structure or other obstructions, except as otherwise permitted in this section. Any triangle of land formed along any street by drawing a line between a point on the lot line parallel to the street (which point is fifteen (15) feet from an alley or driveway which abuts the street) and a point on the near side of the alley or driveway (which point is fifteen (15) feet from the lot line) shall be free from structures or other obstructions, except as otherwise permitted in this section. Trees are allowed in such triangles provided they are trimmed from the ground level to at least seven (7) feet above the curb. Shrubs, fences and walls are likewise allowed in such triangles provided they do not exceed three (3) feet in height. (E) Protection of Waterways. Any development near any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. 11-4-7: AREA REQUIREMENTS: The following area requirements shall apply in the R-1 zone: (A) Lots within this zone shall be not less than fourteen thousand five hundred twenty (14,520) square feet in total area and shall be of a width at the front lot line of not less than eighty-five (85) feet. (B) Lot coverage. No more than fifty percent (50%) of the lot area may be covered by buildings or structures. 11-4-8: WATER AND SEWER SERVICES: (A) Sewer. All residential structures within this zone shall be connected to a public sewer facility, if located within three hundred (300) feet of the terminus of any existing sewer line. If such sewer facilities are not available, then the use shall meet the requirements of the District Seven Health Department. (B) Water. All domestic uses shall be connected to the domestic water system of the City. 11-4-9: ACCESSORY USES: Accessory uses shall be limited to one (1) story in height and shall not encroach upon the front yard setback or closer to the street than the front face setback line. No accessory building shall be built within five (5) feet of the side or rear property line. 11-4-10: OFF-STREET PARKING REQUIREMENTS: The following off-street parking requirements shall apply in the R-1 zone. (A) For each single-family residence, two (2) parking spaces. (B) All other uses shall comply with the provisions of Chapter 12 of this Title. 11-4-11 PATIO HOMES (.A) For the purposes of this section, a "patio home' shall mean a residential structure which occupies a substantially greater portion of the lot in comparison to other residential structures allowed within the zone. The use is characterized by small yards, modest landscaping, and no gardens or accessory buildings. A minimum structure size is also established in order to ensure such use is not characterized by entry level homes. (B) Such use shall be permitted subject to the following requirements: (1) The minimum lot area shall be not less than six thousand five hundred square feet (6,500). (2) The minimum building size, excluding open patio areas, attached garages and carports shall be not less than one thousand four hundred square feet (1,400). (3) No building or structure shall be erected nearer than thirty feet (30) from the front property line adjacent to the street. (4) Accessory uses and structures shall not be permitted. (5) Except as noted above, such use shall be otherwise subject to all other restrictions and conditions required within this zone. (Ord. 96, 5/24/05) 11-4-12: KEEPING OF DOMESTIC HENS: (A) The keeping of domestic hens is hereby permitted within the R-1 zone subject to the provisions of this section. For the purposes of this section, the term "domestic hen" shall mean a common domestic hen (domesticus gallus gallus) for the purpose of domestic egg production or as a domestic pet. The keeping of such hens for breeding or for slaughter as a source of food is not permitted. (B) Only one (1) animal unit per one-third (1/3) acre or greater shall be allowed. One (1) animal unit shall represent ten (10) domestic hens. (C) All buildings, shelters or enclosures used for the purpose of housing or sheltering domestic hens shall be located no less than twenty feet (20') from the primary residence located upon the lot or parcel for such uses permitted and no closer than fifty fee (50') from the foundation wall of any building or structure used for human occupation and located upon any adjoining lot or lots. In no event shall domestic hens be kept within a front yard or a side yard, as defined by section 11-1-5 of this Code. (D) Domestic hens shall at all times be kept within a secure enclosure having a total area of not less than two (2) square feet per domestic hen. Domestic hens shall not be kept within any building or structure designed for human occupancy. (E) The area within which domestic hens are kept shall be cleaned and maintained in a manner that does not unreasonably attract flies, emit foul or objectionable odors or create a public health hazard nor shall the keeping of domestic hens disturb the peace of the adjoining properties or otherwise constitute a public nuisance. (Ord. 148-01-10, 4/27/10) SECTION: 11-3-1: 11-3-2: 11-3-3: 11-3-4: 11-3-5: 11-3-6: 11-3-7: 11-3-8: 11-3-9: 11-3-10: 11-3-11: City of Iona CHAPTER 3 RESIDENTIAL AGRICULTURAL (R-A) ZONE Purpose Permitted Uses Conditional Uses Height Regulations Setback Requirements Area Requirements Accessory Uses Off -Street Parking Requirements Building Set Backs Protection of Waterways Water and Sewer Services 11-3-1: PURPOSE: The purpose of the residential agricultural zone is to provide for and protect residential lands, conveniently located, in relation to urban centers, of substantial size for families who desire a single-family residential environment in an area transitioning from agricultural uses and to provide for gardening and family recreation opportunities and the keeping of a limited number of livestock and similar endeavors. Lots must be large enough to offer a country lifestyle without imposing upon neighboring properties. The minimum lot size and building locations in this zone must be such that water and sewer facilities and other utilities can be easily provided on an individual basis on each lot, without adversely affecting surrounding properties. 11-3-2: PERMITTED USES: The following uses are allowed in the R-A zone. (A) Agriculture uses, excluding livestock confinement operations (LOC's). Livestock shall be allowed on all properties exceeding one (1) acre in size following the guideline of one (1) animal unit per half (1/2) acre. For the purposes of this zone, one (1) animal unit shall be equal to: 1. One (1) cow 2. One (1) horse 3. Five (5) sheep For all other animals not listed, the City Council may set compatible standards. Pigs or swine shall not be allowed under any circumstances. Exhibit "8" (B) Golf courses. (C) Single-family dwellings as allowed in the R-1 zone with the exception that the minimum lot size for such use shall be twenty-one thousand seven hundred eighty (21,780) square feet (one-half acre). (D) Garden or plant nurseries, selling only produce or plants, the major portion of which is raised on the premises, and excluding any use injurious, noxious or offensive to the neighborhood. (E) Accessory uses. (F) Other similar uses that are determined by the City Council to be compatible with the purpose and intent of this zone. 11-3-3: CONDITIONAL USES: The City may, after notice and public hearing, permit the following uses where such uses are deemed essential or desirable to the public convenience or welfare. The City may require an impact statement to assess the impact of any conditional use upon surrounding properties and upon city services and infrastructure. The City may impose such conditions and safeguards, as it deems necessary to protect the best interests of the surrounding property or neighborhood and city services or infrastructure from damage, hazard, nuisance or other detriment: (A) Commercial kennel, small animal hospital. (B) Public utility installations. (C) Public buildings, hospital or churches. (D) Private, commercial, and public schools. (E) Automotive, truck, tractor, and home and farm utility vehicle and equipment repair. (F) Riding stables and schools. (G) Home occupations, subject to the provisions of 11-11-12 and 11-11-13 of this Title. (H) Day Care facilities. (I) Temporary buildings as uses necessary for construction purposes for a period not to exceed one (1) year. 11-3-4: HEIGHT REGULATIONS: Any building or structure or portion thereof which is not used for agricultural purposes, shall not exceed twenty-five (25) feet in height unless a greater height is approved by conditional use permit. 11-3-5: SETBACK REQUIREMENTS: The following are setback requirements for the R-A zone. (A) Front Yard. No building or structure shall be erected nearer than thirty-five (35) feet from the front property line of the street. (B) Side Yard. No building shall be erected closer than ten (10) feet to any side property line, except corner lots, which shall maintain a thirty (30) foot side yard adjacent to the street which intersects the street upon which the building fronts. (C) Rear Yard. No main building or any other structure other than an accessory building shall be constructed closer than twenty-five (25) feet to the real property Line. (D) Corner Clearance. Within the area formed by the lines of intersecting streets or roadways and a line joining points on such lines thirty (30) feet distant from their point of intersection, or in the case of a rounded corner, the point of intersection of their tangents, no structure and no foliage shall be maintained between a height three (3) feet and a height of eight (8) feet above the plane through their curb, street or roadway grades whichever is the highest. (E) Projections. Nothing herein shall prevent the projection of steps, eaves, cornices, masonry fireplaces, window sills or belt courses into any required yard. 11-3-6: MINIMUM LOT AREA AND WIDTH: The minimum lot area shall be twenty-one thousand seven hundred eighty (21,780) square feet (one-half acre). The minimum lot width at the front lot line shall be eighty-five (85) feet. 11-3-7: ACCESSORY USES: Accessory uses shall be limited to one (1) story in height and shall not encroach upon the front yard setback or closer to the street than the front face setback line. No accessory building shall be built within five (5) feet of the side or rear property line. 11-3-8: OFF-STREET PARKING REQUIREMENTS: Off-street parking requirements for the R-A zone as set forth in Chapter 12 of this Title. 11-3-9: FARM BUILDING SET BACKS: All buildings, shelters, or enclosures for farm animals shall be located no closer than fifty (50) feet from any property line. 11-3-10: PROTECTION OF WATERWAYS: Any development near any irrigation canal or ditch shall protect the canal or ditch right-of-way from encroachment and meet all standards required by the owner of the canal. 11-3-11: WATER AND SEWER SERVICES: (A) Sewer. All residential structures within this zone shall be connected to a public sewer facility, if located within three hundred (300) feet of the terminus of any existing sewer line. If such sewer facilities are not available, then the use shall meet the requirements of the District Seven Health Department. (B) Water. All domestic uses shall be connected to the domestic water system of the City. ..6.. INP-PEA EugaaW pHgnd uogexauuy8AJo5alej VI-6-L 9NINOZ aNv 9NINN`did tJNOI dO JIlID II How are issues brought up to Planning and Zoning? ■ Can be ideas brought forward by community ■ Can be issues that originate within PZ ■ Can be issues of interest to the City Council City Council asked PZ to hold a public meeting on annexation Provide information on effects of annexation Nu'R residents City residents Listen to public comments regarding annexation .abu!,y. uegan aql uo luawdolanap Jo luawabeuew u! saDvuas Dilgnd Jo slsop aql alepolle Anel!nba ol. pua . seaae bu!z!uegan u! S@DVUas ladp!unw Jo Alwgel!ana aApa jja--.sop atp woa j l! jauaq gD!gM spuel alen!ad Jo luawdolanap Apapao aql algeua of . 'sap!mas (edp!unw palioddns as j pua palaoddns-xal Jo uo!s!noad algp!n AmeD!wouoDa pup wap! jja mop ol.aapao u! . saws,ogepi JoluawdolanapApapaopip aansse ol. AJessapau Algeuoseaa aaa LIDNAA spual xauue cll. alge aq pinogs awls aLR Jo saw legl—saaapap aanlels!ba) aql . — sa!l!j Aq uo!lexauuy zzz-oS . z aalcleu oS all!1'apoj ogepi . uonersOal uo-pexeuuV II J Y Annexation Legislation ■ Idaho Code, Title 5o Chapter z Three types of annexation Category B Annexation i. Less than soo separate private ownerships and platted lots of record where not all such landowners have consented to annexation 22 lots in the NU'R subdivision peduai Alp jo eaae s,Alp aye. uiywn aid pue Alp atp ol }uaDefpe ao snon6iluo) aq ol spuel saainbaa (i) (q) (S) zzz-o5 uoqexauuy e Aao6aleo z aaldpto 05 allil'apoD otvpi . uo-peTsT2al ucrpexauuV " J A n n e x a t i o n L e g i s l a t i o n �% I d a h o C o d e , T i t l e S o C h a p t e r z C a t e g o r y B A n n e x a t i o n 5 0 - 2 2 2 ( 5 ) ( b ) ( i ) r e q u i r e s l a n d s t o b e c o n t i g u o u s o r a d j a c e n t t o t h e c i t y a n d l i e w i t h i n t h e c i t y ' s a r e a o f c i t y i m p a c t E x h i b i t i (E'z'0(9) 9z59-L9'59 aaldeio'L9 ap!1) aan�n� atl. u! A.1!a aqa. paxauue aq papadxa aq Algeuoseaa ueD seaN scope j algdea6oaD eaae @peal paaap!suoi aq hags saopel 6u!nnolloi. atp'pedw! lC-4!) Jo eaae ue 6u!u!..ap uI :suogeaap!suop AJolnle-4S zzoz Daa _4o a50110D olepI to isaaniun "1.D2CIWI MIDJO eaay Wald .awp. awos xauue pue olu! nnoa6 papadxa s! e aaagnn eaae le)!gdea6oa5 e s! pa!ldw! aq ueD Inq u! uo!l!u! jap oN aDedwi 4o eaay ue s! legM uonersOal uoT;exauuV .0) i Annexation Legislation ■ Idaho Code, Title 50 Chapter z Category B Annexation 50-222 (5) (b) (ii) requires lots to be not more than 5 acres... and to have been subdivided or platted in accordance with any statute of this state Exhibit z 1 NUR SUBDIVISION RONNEV7LLE COUNT7, CARD PANT Of NR W EEC@ TAN, RSS E.S N. 5[1107 (MUM (MA4',a7 (71.((S rc:r rus, f:CC M1RC I18.41464I.w Aiq moo/ WpAreare7.7. drs.A.r..r,,a roar h for "Exhibit A" war me fn. tH Y M ak. 4i/744t61. pp./r/J4N{ law/ r lwMwy Ma Aiwa fa* r4ar./f Mwl.ialA ear. t+.• /aMa.K (rw✓f Rrf C:✓ Cala n I 1 1 al rr n ttaw APPROVAL Aga ACCEPTANCE RECORDERS CERTECATE RS OESVV► Orraar • Cry ea. 0,0 .JA6_ra41 roar an "Oa. an b.a,bl /a/w _wag rYr wart Yya1d7arrad Ala* ArM Ja1}1✓X r1Nwda.r Ma!N Ir nayr IWwarsaeeb Wr rNI inpre . DUTY APPROVAL AND ACCEPTANCE hnAr ""t ly rL b as � r�tt/O my afa a .. °a Cad E'.NREEP'S APPROVAL are ,t �sIMI bd .a, s.74 pr Wad War Ana�i �.�[r n„aCa7ad a»��,��lN..r 2S7 ENDNEENS CERTdt11E G/..",/Jaw n,r hrr Z wn. � +�• 7µ M, r M �I.e rh brry M w dmh n r eyyw,//n'Y.b .Npr SvAdrlMr, tlJa'anN / .fJAaa' . +y nM a ,Wray d nb N rna .y.,ma In raa/ay}n,r f�nw r9ae' nae J: .� fMn. *RI &'iACARY DESCRIPTION /ePa.y n M .1.7Oww J Jana T ayI Ill Ayr.• arraa1 AUar IFHFf Mtel A. 11, JOr Ma wf term Hn a.InaMmar.. r. Sao*IaY nobhe,.Aawe AraN INmwa eadr e,Age flatl ArhIpr ♦` aan M ✓aI Jrl a lIV �r� rM YM'K! MroAw' ,4/ /r MN AMA'/ bM'✓1/ AeM RR:r lNYwr nY}YK! la raa /(M lla JpIAM DEED Of DEa'UTCD.r p!Ia Raww 4a: We AV Win/y •are n Ara aaaa ntra ntWoe arer ate dra sar a raw Abr Jwif ra ait arta, bh rH fah. n If From a saaann Mahar r a .h. Hb/n rd or a Awry ar ar r ra erm In n r par r pa., par rr rJ anon, or a IN mn+h ds, Pam r M pr r a ate' on M wawa. wa. Yen abJd Phew hrawa a se fret. awr-in y d IRY ,AAAN AA raw Amos IRC we fdala ton.whea ACAPOLEMEYT PO, ,o 4177.1 War a* War _. +r alp Pap..spar bb M ram rrr Mew** daa Annexation Legislation ■ Idaho Code, Title 50 Chapter 2 Category B Annexation 50-2.22. (5) (b) (iii) Preparation and publication of a written annexation plan Published June 11 and June 24 in Post Register ANNEXATION PLAN - NU'R SUBDIVISION A Proposed Aoaeauion of the Vu'R Subdivision, • Bonneville Caanty Sabdivlstan, line the City of Iona, Idaho Introduction Pursuant to the provisions of Idaho Code § 50-222(5)(b) the City of Iona, Idaho, contemplates annexation of the Nu'R Subdivision, a Bonneville County Subdivision, into and within the corporate boundaries of the City of Iona. Such annexation shall consist of all lots located within such Subdivision, according to the plat thereof recorded as Instrument No. 423119, records of Bonneville County, Idaho. Awe and correct copy of the duly recorded plat of such subdivision is attached hereto as Exhibit "A." The following is a brief analysis of the procedure for such annexation and the effect of such annexation upon such lots. Procedure for Annexation •nd Zoning of Such Property The procedure for annexation of such Subdivision is set forth in Idaho Code § 50- 222(5). Annexation and zoning of such lots shall be undertaken in accordance with the notice and hearing procedures set forth in Idaho Code § 67-6511. In accordance with such procedures, an initial notice of public hearing concerning the question of annexation and zoning shall be published in the Post Register and will be mailed by first class mail to every property owner located within the lands proposed for annexation, not less than twenty-eight (28) days prior to the date of the initial public hearing. All public hearing notices will establish a time and procedure by which cemmrnls concerning the proposed annexation may be received in writing and heard and additionally, public hearing notices will be delivered by mail and shall include a copy of this Annexation Plan or a one page summary thereof and will provide information regarding the location where a copy of this Annexation Plan may be obtained without charge. Notice of the proposed annexation and proposed zoning of the property will be given in accordance with Idaho Code § 67.6511, including a notice which will be posted on each lot proposed fur annexation, not Icss then one sock prior to the hearing. Tax Supported Munkipal Services 1. In the event the annexation is granted, all publicly dedicated streets located within the Subdivision will be maintained by the City of Iona, at public expense, in accordance with policies, standards and regulations generally established by ordinance or resolution of the Mayor and City Council. 2. Police and public safety mrvices will be provided by the lona Police Department and by and through its existing contract with the Bonneville County Sheriffs Department. Exhibit 3 " A n n e x a t i o n L e g i s l a t i o n �% I d a h o C o d e , T i t l e 5 o C h a p t e r 2 C a t e g o r y B A n n e x a t i o n A n n e x a t i o n p l a n m u s t m e e t t h e f o l l o w i n g : ( A ) T h e m a n n e r o f p r o v i d i n g t a x - s u p p o r t e d m u n i c i p a l s e r v i c e s t o t h e l a n d s p r o p o s e d t o b e a n n e x e d A l l p u b l i c a l l y d e d i c a t e d s t r e e t s l o c a t e d w i t h i n t h e s u b d i v i s i o n w i l l b e m a i n t a i n e d b y t h e C i t y o f I o n a a t p u b l i c e x p e n s e P o l i c e a n d p u b l i c s a f e t y s e r v i c e s w i l l b e p r o v i d e d b y t h e I o n a P o l i c e D e p a r t m e n t a n d b y a n d t h r o u g h i t s e x i s t i n g c o n t r a c t w i t h t h e B o n n e v i l l e C o u n t y S h e r i f f ' s D e p a r t m e n t paxauue aq ol aaann spuel pafgns aL{lp linsaa mom ypynn s}soy aaypo pue uoilexe-4 ui sa6ueip ail (8) :6uinnolioj aye laaua 1.snua ueid uoilexauuy uoi4exauuy 9 kio6alpj z aairdeu 05 apil'apoD oHem . uo-pers-Oei uo-p.exeuuV 1 i Annexation Legislation ■ Idaho Code, Title 5o Chapter 2 Category B Annexation Annexation plan must meet the following: (C) The means of providing fee -supported municipal services, if any, to the lands proposed to be annexed Currently Nu'Rsubdivision is served by community water well, and the city anticipates that such private service will continue if annexation occurs However, Lot owners within the subdivision will be entitled to connect to the municipal water service in the City subject to the ordinances, regulations and policies set forth in Chapter 2, Title 8ofthe lona City Code. Sewer services will continue to be provided by the IBSD and will not otherwise be effected or changed by the proposed annexation luawwano6 Jo s4!un leDoi aaLpo ao 'assi 'p!als!p (ooLps lepoi uo uapanq leuoplppe AO pedw! Cue anal of papadxa lou s! uo!lexauue '.(3ff •uuo8 uRil!nn uo!s!nipgns 5urls!xa ue s! uo!s!n!pgns a,nN paxauue aq ol. pasodoad spuel ay} o-4 sa)inaas palaoddns-aaj ao palaoddns-xel apinoad Ailuaaam ypiyM luawuaano6 lepoi jo sliun aaypo uodn uoilexauueJo spajja lequalod ayljo sisAleuejau8 (4) :6uinnomoj ay} laaua 1.snu.i ueid uoilexauuy uoqexauuy 8 kio5a-lej z aaldeLD 05 apil'apoD ogppi . uoipeisT.Oai uo-pexeuuv " A n n e x a t i o n L e g i s l a t i o n �% I d a h o C o d e , T i t l e S o C h a p t e r 2 C a t e g o r y B A n n e x a t i o n A n n e x a t i o n p l a n m u s t m e e t t h e f o l l o w i n g : ( E ) P r o p o s e d f u t u r e l a n d u s e p l a n a n d z o n i n g d e s i g n a t i o n , s u b j e c t t o p u b l i c h e a r i n g , f o r t h e l a n d s p r o p o s e d t o b e a n n e x e d P r o p o s e d f u t u r e l a n d u s e d e s i g n a t i o n u n d e r t h e I o n a C o m p r e h e n s i v e P l a n , i f a n n e x e d , w i l l b e r e s i d e n t i a l , a n d t h e z o n i n g w o u l d b e R - 1 . +7 -4Igllixa e IOZ'r7. wnr V PIOZ'l l aunt V01..I01O1 rwZ'eZ 0001 :p000d PIK'PZ 000lt :WPM -II0Z'01101 CR . 810031VO 0000-EZ5 n ugwlw 00o013010 sjpaiD AID au 'Papaw° alp 01 mtld tep No amp lalel sm 070.00 sglap .pla ay1'.'ream plwys s'up»w qmm w sed•mosl of mompou m as leuads Pulp.° u0sud {uV 00dio 51.1J {uj wry wi>) paurelgo ay mis Amu uopmsuus 0arailn°1 041 J mad malmaanv ayI Jo Ado, v 140 eunpoSaz*Juw :mum Imon 301401101 00 01 papnoa aq osis .Cew swawwop vmpt •soul lasos mepl 11140N 11e5f to 11a1.1 {pJ OglJo 00100 wl1 o1 palanitap 4I10010{13 aq Itnw nuaunuoa 4aoS 110uew1alp w loud 16sp wonq ipq amp IMO 101111 ou paunllap are {alp papssoal •passpsuoa pue malmm aq IM1 swaUwlna na1p1M vsPromma n lusueuoa aggnd pae pilaus ns pram sI aggnd a1Zl 531.1V a 16'51; 16011310a •flupnun q 10 Mod 00 oI IM) 001P1Z 000 110p00S 341130010 3 ..50.04 N 0000011 1ZI 01•20S pus J. 000101 rsmnO leoM 0111 wny 100J 00'SCO 3.30.50.0 N'ulwl 10113 Mss'ZI 001100S plw Jo 00q N0M1 w11 uo 1110 s w 101 00VK M .SCAZJ IS S aa0w11'wJ 00•0'11 M .S0.S0.0 S 000a10 I104 OfLPI 3 ofC.1Z.PP N 0010g1 IIMJ 0001 M .50.50.0 S .300 334 MYC 3 ..5f.1 ZAP N 001010 M'GLZ/A-SO.10,0S000010I1MJ00'IZ► 011100003E 00300103.Sf.6C.611N 0300g1Suwon, P0s'W'u-3 PCa NLC ZI Pumas J0.1011103 lsaa p/oN aqs re Puluu31a0 :sM011 J s0'p0gumap gmpuryed wow sa uppinlpgnS;nN au '10w111,0041s uetd anuusyasdluo-, pus 'Mon lgpua 'umlessuue psas'uuaplsu00J0 wodusd 0101g1 sole • atura Naunowop ppm eq1 re elOt'S I XIII 00'w'd SI:L le 11.001413 0101 010 muJaq palwlpuoa 09 pus304001 0110001 pumas s u00 N1AI0 a31111E1J SI 3.7I10N 44.1 W0c al papu0ld se mamma)/ n 'are 1431111 Jo uollsu'ssap mg gnno p0pm= aq Illm lm a anlsummlum, 0Vl Dos 1-a aq nano {Wades° ay. Jo'uluoe paslrWal asp mama' n ummraoua Bans JI 'mop MOT °mg pas peon uNoun lsrq uaaxlaq (prow 6avemz0 lani 051• 110 mum' umnnlpgns Nww_) alpnauuo0 a +1onlnspgnS !nN 010 Jo 'loom inpw pue uogeawnls ay1 aapasvo0 I0 q'uuo011.0 J0 .01U d .11 340p1 'soul MMS IMN IMIN'KE N pweaol sa gaagM Mama Apmuwmp root aq1 le ud 00, re pm '6 .{lnE 00 Puueaq allgrd a sanpuoa Ilu1 suol .10 AID NI 1 J uopswnug) 31400Z pue'wuusld 011000'N3A10 1.03331-1 SI 3JI LON DLLON ONINV3H 01'1Und VNOI dO.IM +7 z aunt uo buip!inq Alit age uo palsod aD!loN (au!ipeap >aann-auo slaaw) 47z aunt uo uoilexauue aoj pasodwd gpea uo palsod seen aD!loN (luawaainbaa Aep 5-r. slaaw) 47Z aunt uo AlAadwd aql jo laaj. ooE uiylinn saaunnopue! pue'(luawa.iinbaa Aep gz slaaw) zz aunt uo aaunno Al.ladwd A.lana papew bupeay Di!gnd Jo app.oN (luawaainbaa Aep gz slaaw) 47Z aunt pue tt aunr aalsibad lsod age ui pagsi!gnd buiaeaq Ducind Jo api-IoN saanpaDwd buyeag pue app.ouagp. aDue!idwoD(A!) :buinnolioj agl laaw lsnw ueld uoilexauuy uoilexauuy 8 kiobaleD z aaldeLD oS 'apop oppi . uoneTsT2al uoT;exeuuV i Annexation and Iona's Comprehensive Plan "Growth is going to happen and that's good, but we have a right to manage development" "Coordination of public infrastructure needs is an important priority for the city." "Resounding desire of City residents to protect the lifestyle that currently exists in the City of Iona" ... a strong desire to carefully control and manage new growth" "Preservation of the rural environment and lifestyle is very important to the residents of Iona" Exhibits .Al.tadoad Dupads uo uope ani e.nsiu!wpeaoklo-leinbaa e jopedw! lepualod atAl buinnainaa ui suoi.sanb bu!momo j aql aapisuo) Ha'sjjelslap. euol JoA-4Da�p.JoADHod atpaq HeLislI CE LID) s}Li6id AlJado..id Jo uopa10ad ueid anTsuaLiatidwoD s ceuoi pue uoTi_exeuuNi II J Annexation and Iona's Comprehensive Plan 1. Does the action result in a permanent or temporary physical occupation of private property? z. Does the action require a property owner to dedicate a portion of property or to grant an easement? 3. Does the action deprive the owner of all economically viable uses of the property? 4. Does the action have a significant impact on the landowner's economic interest? S. Does the action deny a fundamental attribute of ownership? 6. Does the action serve the same purpose that would be served by directly prohibiting the use or action; and does the condition imposed substantially advance that purpose? " a 6 u i a . 4 . u e g a n a l b u i l a . m w 6 J o l u a w d o l a n a p A p a p a o p o a g . u o p s a s o l d , n N I n o t _ p m l u a w d o l a n a p m a u x a u u e l o u u e j s a i a n o s a a s k i p u e a t p . u o p e d w ! a a 6 6 i q g p n w e a n a l ! j i n n p u e l e q u e g s g n s a a o u a a q w m l u a w d o l a n a p m a N 6 u i o 6 u o p e d w ! J o e a a e a l b u i l u a w d o l a n a p l e u o w p p y ' a o u ! w s e m A ��D a l p u o p e d w ! a l p p u e H e w s s e e n l n q u a y M p a x a u u e u a a q a n a l p i n o l s A l g e g o a d " u o i s u e d x a o f a a y . t e q e s l u a s a a d d , n N a l p . i o d a 6 u e l p o u d , n N a n d : 5 u ! x a U U e 1 0 u J o 1 s o D " A l i t @ L i n n 1 . u a w d o l a n a p A p a p a o a l b s a l o w a i d } o a l p u i s l u a w d o l a n a p u i A l l n u q u o p e s e a n y t p p u e n n o a 6 A l w g e a l b s a m a s a a d ' a s e q p a s e a n u i a l l a o j a a l e n n s s a � e o l . M . ! u n l J o d d o p u e a D u e u a l u i e w p e w ' u o ! p a l o a d A l a j e s D v i n d p u e a D i j o d p a s e a a p u i d , n N . i o d : u o p . e x a u u e J o s l i j a u a 8 d , n N x a u u e 4 . 0 ! . 1 i e 6 a i e s e t ] A I D a t p p a L i s v i e l s a s e t l u p d s i L i l d o 6 u N I . A . I a n a a i e u o T 4 e H u o T 4 e x e u u V i J Concerns We've heard Nu'R residents do not want to be part of the City water service 1. Nothing changes and Nu'R maintains cost and control of said Seri./1-§Y§tffili as Police, road plowing, Sewer, Fire P.qeq.KIPAIseogieePIERYd4WW-stgeAPriPeYiAIN County akeady<and maintenance costs. 3. The city extends a mainline from the western boundary of Resridtrritisikittetdithit@c11119geitefi Mitibuttssitik0 Aispik? tl's4.8v. Thf would alleviate the operation and f m h NU'R residents and would supply ainte�iance costs ro the pp y them with a more reliable water system. All of the cost of construction could be covered by the city. Aluo aaow ao as e z JO 54.01 uo paa.a.!wJad aae anoge pals!! sleique - 4.* . pamome Ap.ua.unD si pauigwo) sapads Jo S Aluo -* . of of *S daags *S swop of of ooi sualDND auou auou *S s6id z z *S smoD z z *S sasaoH CB TRI4x3) d� euoi **TH euoi (9 ilglx3) •op •uuo8 siew!ue uoileiaa ui ApeinDwed 'spuei asn luaaanD ano !iron 6u!uoz uoilexauue siLni.o aonej ui aae sluapisaa d,nN oN ptAeaq aAcam suJapuop A Concerns We've heard Property values will decrease or be less desirable My outbuildings are not consistent with Ri zoning Exhibit Statutes http://legislature.idaho.gov/idstat/Tit1e50/T50CH2SECT50-222.htm so of 4 Home • State of Idaho • Site Map LEGISLATURE ATURE Search Site yn Statutes & Rules • Publications • Prior Sessions • Related Links Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS Legislation, Statutes 8 Constitution Printer Friendly Version CHAPTER 2 GENERAL PROVISIONS -- GOVERNMENT -- TERRITORY 50-222. ANNEXATION BY CITIES. (1) Legislative intent. The legislature hereby declares and determines that it is the policy of the state of Idaho that cities of the state should be able to annex lands which are reasonably necessary to assure the orderly development of Idaho's cities in order to allow efficient and economically viable provision of tax -supported and fee -supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas and to equitably allocate the costs of public services in management of development on the urban fringe. (2) General authority. Cities have the authority to annex land into a city upon compliance with the procedures required in this section. In any annexation proceeding, all portions of highways lying wholly or partially within an area to be annexed shall be included within the area annexed unless expressly agreed between the annexing city and the governing board of the highway agency providing road maintenance at the time of annexation. Provided further, that said city council shall not have the power to declare such land, lots or blocks a part of said city if they will be connected to such city only by a shoestring or strip of land which comprises a railroad or highway right-of-way. (3) Annexation classifications. Annexations shall be classified and processed according to the standards for each respective category set forth herein. The three (3) categories of annexation are: (a) Category A: Annexations wherein: (i) All private landowners have consented to annexation. Annexation where all landowners have consented may extend beyond the city area of impact provided that the land is contiguous to the city and that the comprehensive plan includes the area of annexation; (ii) Any residential enclaved lands of less than one hundred (100) privately -owned parcels, irrespective of surface area, which are surrounded on all sides by land within a city or which are bounded on all sides by lands within a city and by the boundary of the city's area of impact; or (iii) The lands are those for which owner approval must be given pursuant to subsection (5)(b)(v) of this section. (b) Category B: Annexations wherein: (i) The subject lands contain less than one hundred (100) separate private ownerships and platted lots of record and where not all such landowners have consented to annexation; or (ii) The subject lands contain more than one hundred (100) separate private ownerships and platted lots of record and where landowners owning more than fifty percent (50%) of the area of the subject private lands have consented to annexation prior to the commencement of the annexation process; or (iii) The lands are the subject of a development moratorium or a water or sewer connection restriction imposed by state or local health or environmental agencies; provided such lands shall not be counted for purposes of determining the number of separate private ownerships and platted lots of record aggregated to determine the appropriate category. (c) Category C: Annexations wherein the subject lands contain more than one hundred (100) separate private ownerships and platted lots of record and where landowners owning more than fifty percent (50%) of the area of the subject private lands have not consented to annexation prior to commencement of the annexation process. (4) (a) Evidence of consent to annexation. For purposes of this section, and unless excepted in paragraph (b) of this subsection (4), consent to annex shall be valid only when evidenced by written instrument consenting to annexation executed by the owner or the owner's authorized agent. Written consent to annex lands must be recorded in the county recorder's office to be binding upon subsequent purchasers, heirs, or assigns of lands addressed in the consent. Lands need not be contiguous or adjacent to the city limits at the time the Exhibit "10" 7/2/2014 3:24 PM Statutes http://legislature.Idaho.gov/idstat/Tide50/T50CH2SECT50-222.htm landowner consents to annexation for the property to be subject to a valid consent to annex; provided however, no annexation of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent to such city. (b) Exceptions to the requirement of written consent to annexation. The following exceptions apply to the requirement of written consent to annexation provided for in subsection (4)(a) of this section: (i) Enclaved lands: In category A annexations, no consent is necessary for enclaved lands meeting the requirements of subsection (3)(a)(ii) of this section; (ii) Implied consent: In category B and C annexations, valid consent to annex is implied for the area of all lands connected to a water or wastewater collection system operated by the city if the connection was requested in writing by the owner, or the owner's authorized agent, or completed before July 1, 2008. (5) Annexation procedures. Annexation of lands into a city shall follow the procedures applicable to the category of lands as established by this section. The implementation of any annexation proposal wherein the city council determines that annexation is appropriate shall be concluded with the passage of an ordinance of annexation. (a) Procedures for category A annexations: Lands lying contiguous or adjacent to any city in the state of Idaho may be annexed by the city if the proposed annexation meets the requirements of category A. Upon determining that a proposed annexation meets such requirements, a city may initiate the planning and zoning procedures set forth in chapter 65, title 67, Idaho Code, to establish the comprehensive planning policies, where necessary, and zoning classification of the lands to be annexed. (b) Procedures for category B annexations: A city may annex lands that would qualify under the requirements of category B annexation if the following requirements are met: . (i) The lands are contiguous or adjacent within the city's area of city impact; (ii) The land is laid off into lots or blocks containing not more than five (5) acres of land each, whether the same shall have been or shall be laid off, subdivided or platted in accordance with any statute of this state or otherwise, or whenever the owner or proprietor or any person by or with his authority has sold or begun to sell off such contiguous or adjacent lands by metes and bounds in tracts not exceeding five (5) acres, or whenever the land is surrounded by the city. Splits of ownership which occurred prior to January 1, 1975, and which were the result of placement of public utilities, public roads or highways, or railroad lines through the property shall not be considered as evidence of an intent to develop such land and shall not be sufficient evidence that the land has been laid off or subdivided in lots or blocks. A single sale after January 1, 1975, of five (5) acres or less to a family member of the owner for the purpose of constructing a residence shall not constitute a sale within the meaning of this section. For purposes of this section, "family member" me a natural person or the p of a natural person who is r lA ed to the owner by bloo ya option or marriage within the firs degree of consanguinity; !� (iii) Preparation and publication of a written annexation plan, appropriate to the scale of the annexation contemplated, which includes, at a minimum, the following elements: (A) The manner of providing tax -supported municipal services to the lands proposed to be annexed; (B) The changes in taxation and other costs, using examples, which would result if the subject lands were to be annexed; (C) The means of providing fee -supported municipal services, if any, to the lands proposed to be annexed; (D) A brief analysis of the potential effects of annexation upon other units of local government which currently provide tax -supported or fee -supported services to the lands proposed to be annexed; and (E) The proposed future land use plan and zoning designation or designations, subject to public hearing, for the lands proposed to be annexed; (iv) Compliance with the notice and hearing procedures governing zoning district boundary change as set forth in section ..., 7-6511, Idaho Code, on the question of whether the property should be annexed and, if annexed, the zoning designation to be applied thereto; provided however, the initial notice of public hearing concerning the question of annexation and zoning shall be published in the official newspaper of the city and mailed by first class mail to every property owner with lands included in such annexation proposal not less than twenty-eight (28) days prior to the initial public hearing. All public hearing notices shall establish a time and procedure by which comments concerning the proposed annexation may be received in writing and heard and, additionally, public hearing notices delivered by mail shall ; of 4 to the city and lie 7/2/2014 3:24 PM SJ)` _ -fdk• 5L4---r--0.k. 0-4 q-+L-t) A-0 (Titavn-Edit--, o(f4A >tatutes http://legislature.idaho.gov/idstat/Tit1e50/T50CH2SECT50-222.htm include a one (1) page summary of the contents of the city's proposed annexation plan and shall provide information regarding P Aut where the annexation plan may be obtained without charge by any property owner whose property would be subject to the annexation proposal. (v) In addition to the standards set forth elsewhere in this i,v rt710 section, annexation of the following lands must meet the ) following requirements: }- If (A) Property, owned by a county or any entity within the 1,Ctcounty, that is used as a fairgrounds area under the provisions of chapter 8, title 31, Idaho Code, or chapter 2, title 22, Idaho Code, must have the consent of a majority of the board of county commissioners of the county in which the property lies; and (B) Property, owned by a nongovernmental entity, that is used to provide outdoor recreational activities to the public and that has been designated as a planned unit development of fifty (50) acres or more and does not require or utilize any city services must have the express written permission of the nongovernmental entity owner. (vi) After considering the written and oral comments of property owners whose land would be annexed and other affected persons, LAtit/the city council may proceed with the enactment of an ordinance of annexation and zoning. In the course of the consideration of any such ordinance, the city must make express findings, to be (41."--.144/14; set forth in the minutes of the city council meeting at which the annexation is approved, as follows: (A) The land to be annexed meets the applicable Off' _ requirements of this section and does not fall within the exceptions or conditional exceptions contained in this section; (B) The annexation would be consistent with the public purposes addressed in the annexation plan prepared by the city; -�- (C) The annexation is reasonably necessary for the orderly development of the city; (vii) Notwithstanding any other provision of this section, railroad right-of-way property may be annexed pursuant to this section only when property within the city adjoins or will adjoin both sides of the right-of-way. (c) Procedures for category C annexations: A city may annex lands that would qualify under the requirements of category C annexation if the following requirements are met: (i) Compliance with the procedures governing category B annexations; and (ii) Evidence of consent to annexation based upon the following procedures: (A) Following completion of all procedures required for consideration of a category B annexation, but prior to /Y enactment of an annexation ordinance and upon an affirmative action by the city council, the city shall mail notice to (tA;'1/: all private landowners owning lands within the area to be annexed, exclusive of the owners of lands that are subject to a consent to annex which complies with subsection (4)(a) of this section defining consent. Such notice shall invite property owners to give written consent to the annexation, include a description of how that consent can be made and where it can be filed, and inform the landowners where the entire record of the subject annexation may be examined. Such mailed notice shall also include a legal description of the lands proposed for annexation and a simple map depicting the location of the subject lands. (B) Each landowner desiring to consent to the proposed annexation must submit the consent in writing to the city r ,,..n clerk by a date specified in the notice, which date shall `� '/ �q not be later than forty-five (45) days after the date of the D mailing of such notice. lJa (C) After the date specified in the notice for receipt of written consent, the city clerk shall compile and present to �^ the city council a report setting forth: (i) the total ,rphysical area sought to be annexed, and (ii) the total v„ �1 physical area of the lands, as expressed in acres or square M ^� feet, whose owners have newly consented in writing to the annexation, plus the area of all lands subject to a prior consent to annex which complies with subsection (4)(a) of this section defining consent. The clerk shall immediately report the results to the city council. (D) Upon receiving such report, the city council shall review the results and may thereafter confirm whether consent was received from the owners of a majority of the land. The results of the report shall be reflected in the minutes of the city council. If the report as accepted by the city council confirms that owners of a majority of the 3 of 4 7/2/2014 3:24 PM itatutes • http://legislature.idaho.gov/idstat/Tit1e50/T50CH2SECT50-222.htm • land area have consented to annexation, the city council may enact an ordinance of annexation, which thereafter shall be published and become effective according to the terms of the ordinance. If the report confirms that owners of a majority of the land area have not consented to the annexation, the category C annexation shall not be authorized. (6) The decision of a city council to annex and zone lands as a category B or category C annexation shall be subject to judicial review in accordance with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant to the standards set forth in section 67-5279, Idaho Code. Any such appeal shall be filed by an affected person in the appropriate district court no later than twenty-eight (28) days after the date of publication of the annexation ordinance. All cases in which there may arise a question of the validity of any annexation under this section shall be advanced as a matter of immediate public interest and concern, and shall be heard by the district court at the earliest practicable time. (7) Annexation of noncontiguous municipal airfield. A city may annex land that is not contiguous to the city and is occupied by a municipally owned or operated airport or landing field. However, a city may not annex any other land adjacent to such noncontiguous facilities which is not otherwise annexable pursuant to this section. History: [50-222, added 2002, ch. 333, sec. 2, p. 939; am. 2008, ch. 118, sec. 1, p. 327; am. 2009, ch. 53, sec. 1, p. 145.] How current is this law? The Idaho Code is the property of the state of Idaho and is made available on the Internet as a public service. Any person who reproduces or distributes the Idaho Code for commercial purposes is in violation of the provisions of Idaho law and shall be deemed to be an infringer of the state of Idaho's copyright. Search the Idaho Statutel Legislative Services Office • P.O. Box 83720 • Boise, ID • 83720-0054 208/334-2475 • FAX 208/334-2125 Contacting L egislaLo_m 208/332.1000 (Session Only) Maintained by Isoweb@Iso.idaho.gov Site Disclaimer: http://legislature.idaho.gov/disclaimer.htm ©2014 Idaho Legislature • of 4 7/2/2014 3:24 PM