City Council
Regular MeetingIdaho Falls, ID · March 11, 2019
Minutes
March 11, 2019
The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, March 11,
2019, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00
p.m.
Call to Order and Roll Call:
Mayor Rebecca L. Noah Casper
Councilmember Thomas Hally
Councilmember Jim Francis
Councilmember Michelle Ziel-Dingman
Councilmember Shelly Smede
Councilmember Jim Freeman
Councilmember John Radford (arrived at 3:09 p.m.)
Also present:
Brad Cramer, Community Development Services Director
Greg Weitzel, Parks and Recreation Director
PJ Holm, Parks and Recreation Assistant Director
Chris Fredericksen, Public Works Director
Amanda Ely, Targhee Regional Public Transportation Authority (TRPTA)
Darrell West, Bonneville Metropolitan Planning Organization (BMPO)
Jeff Marker, Idaho Transportation Department (by telephone)
Rachel Palister, Idaho Transportation Department (by telephone)
Michael Kirkham, Assistant City Attorney
Randy Fife, City Attorney
Kathy Hampton, City Clerk
Mayor Casper called the meeting to order at 3:01 p.m. with the following:
Acceptance and/or Receipt of Minutes:
It was moved by Councilmember Smede, seconded by Councilmember Freeman, to receive recommendations from
the Planning and Zoning Commission. Roll call as follows: Aye – Councilmembers Smede, Hally, Dingman,
Freeman, Francis. Nay – none. Motion carried.
Calendars, Announcements, and Reports:
March 12, District 91 Supplemental Levy Election
March 13, God Bless America Musical Presentation
March 14, Chamber Legislative Call; and, City Council Meeting
March 21, Chamber Legislative Call
March 25, City Council Work Session
March 27, Eastern Idaho Regional Medical Center (EIRMC) Burn Center Open House; BMPO Policy Board Meeting;
and, Mayor Scholarship Fund Award Ceremony
March 28, Chamber Legislative Call; Idaho Falls Power (IFP) Board Meeting; City Club; and, City Council Meeting
March 30, 2019/20 Budget Kick-Off
April 4, Chamber Legislative Call; and, State of Downtown Annual Meeting
April 8, City Council Work Session
Mayor Casper stated future Work Sessions could be lengthy, there also may be the need for future Executive Sessions.
Following brief discussion, there was consensus to add the Executive Sessions at the conclusion of regular Council
Meetings, pending the timeframe of Council Work Sessions. Mayor Casper briefly reviewed current and pending
House Bills with the State legislators. She also noted, per a recent press release regarding pot holes, Broadway and
Yellowstone Avenue are the responsibility of the Idaho Transportation Department (ITD).
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Liaison Reports and Concerns:
Councilmember Hally stated Idaho Falls Police Department (IFPD) positions are being filled. He also recommended
the Council pay attention to Federal legislation as these decisions impact cities.
Councilmember Smede stated there has been recent conversation regarding future annexations although any
annexations have been delayed pending State legislation. She also stated the Library recently received a summer
STEM grant, she briefly reviewed additional events occurring at the Library.
Councilmember Freeman reiterated the pot hole press release. He noted $127,000 has been spent from the $525,000
snow removal budget. Councilmember Freeman also stated David Smith, Wastewater Superintendent, will be retiring
at the end of March; paving will be occurring on the north end of the City due to a State/Local agreement/grant award;
and, the zoo is scheduled to open April 13 with a clean-up day occurring prior to opening day.
Councilmember Francis stated glass recycling is going well, the first shipment is anticipated to be transported in
April. He also stated Alturas Academy has requested a recycle presentation by Councilmembers Francis and Freeman.
Councilmember Radford stated fiber was launched in the previous week, he noted internet service providers are
beginning to advertise for their services. He briefly reviewed State legislation. He recommended, due to the upcoming
Budget Kick-off, the Council be aware of capital projects.
Councilmember Dingman stated Phase 1 of the Airport construction project will be forthcoming, there are no
anticipated closures of the Airport during this project.
Board of Adjustment: Additional Responsibilities Proposal:
Director Cramer stated there is intent to shift some responsibilities from the Planning and Zoning (P&Z) Commission
to the Board of Adjustment (BOA). Changes include variance requests and Conditional Use Permits (CUPs). These
changes are intended to utilize the BOA on a more frequent basis. Brief general comments followed regarding CUPs.
This item will be included within a Zoning Ordinance amendment on the March 13 Council Meeting agenda.
Spray Park Design Study Report:
Mayor Casper reminded the Council that $50,000 has been budgeted for the spray park design study, including
$100,000 for authority to allow for spending in the event of a grant. Director Weitzel reviewed the seven (7) potential
splash pad locations throughout the City – Reinhart Park, Hyland Park, Bel-Aire Park, Poitevin Park, Snake River
Landing, Tautphaus Park, and, Sunnyside Park. He stated some of these locations could potentially replace
playgrounds. There are currently 23 playgrounds, 16 playgrounds potentially needing replaced.
Director Weitzel reviewed Prices and Designs:
Play Now (estimated opening date: July 3)
• Sports Theme – Turn Key Ready = $183,270
• Nature Theme – Turn Key Ready = $206,719
Rain Drop Inc. (estimated opening date: early fall)
• Eagle Rock Theme – no concrete, no holding tank = $101,223
• Reinhart Park Theme – no concrete, no holding tank = $200,332
Splash Zone (estimated opening date: late summer/early fall)
• Basic Splash Pad Theme – no holding tank = $221,379
Director Weitzel noted Turn Key Ready means if the spending were authorized the company would handle the entire
project, with the exception of the utility. Director Weitzel presented the conceptual site plan for Reinhart Park, his
recommended location. He reminded the Council of the citizen’s petition in the previous year to turn the former pool
into a splash pad. Assistant Director Holm stated, per conversation with Crosspoint Community Church, the church
would be open to signing an agreement for use of the parking lot. He also stated IFP is willing to assist with the
needed power pole infrastructure changes. The costs for the relocation of the power pole were unknown. Mayor
Casper noted design of the driveway needs to be carefully designed so not to interfere with the power pole. Assistant
Director Holm stated a holding tank of 8,000 gallons for the splash pad could also be used for irrigation. He briefly
explained the water recycling process. Director Weitzel noted the amount of water used will depend on the usage of
the park. He indicated water usage could be up to 8,000 gallons in an hour. To the response of Councilmember
Francis, Director Weitzel indicated the option to install two (2) tanks was discussed and was added as an alternate in
the bid specifications. To the response of Councilmember Hally, Director Weitzel stated there are no grant
applications pending for this project.
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Director Weitzel reviewed potential funding options for the $250,000 needed to build a splash pad:
Option 1: Excess snow removal funds ($400,000 reallocated)
Option 2: Use Health and Accident Fund
Option 3: Use General Fund Balance
Option 4: Borrow against Heritage Park ($500,000 for realigning power poles)
Option 5: Cut services, staff and Operations & Maintenance (O&M) in Parks and Recreation (P&R)
Option 1 – Mr. Hagedorn stated there is a $1,000,000 cap of snow removal savings. This cap was reached in 2018.
The current year’s budgeted amount for snow removal was not used, therefore, based on the resolution passed for
snow removal, this money can be reallocated. Option 2 – Mr. Hagedorn stated the City has an agreement with Blue
Cross. Money has accumulated in this fund and was utilized in the previous year to balance the budget. He suggested
using these funds for this project in a similar manner. Mayor Casper expressed her concern and suggested this option
not be considered. Option 3 – Mr. Hagedorn stated use of the General Fund requires that future expenditures be less
than revenues. He stated this fund has been used for previous projects. Mayor Casper again expressed her concern.
Option 4 – Director Weitzel stated P&R has closely reviewed their budget and due to the decreased budget in the
previous year, there is no excess funding in O&M. It was determined the capital fund was the only fund to borrow
from. The money set aside for realigning power poles could be used but then would be returned by fall. Director
Weitzel also noted this money would be requested in next year’s budget. General discussion followed including
eligibility for State grants. Option 5 – Director Weitzel stated this option is simply to cut operations and staff in P&R.
Mr. Hagedorn stated Director Weitzel has typically been under budget due to projects being postponed or not yet
completed, this is why Option 3 was being considered. Director Weitzel stated he has been under budget for the past
5-7 years although he does not believe he will be able to find the needed funds in his department for the current year.
He also stated the P&R recommendation is to use the snow removal funds. Director Fredericken indicated there is an
approximate $400,000 excess of snow removal funds that will be allocated to the General Fund due to the cap. He
stated the cap amount is $1,000,000 with an additional $525,000 budgeted. This results in $1.5 million available for
snow removal each year. He noted the overtime budget in the current year has increased slightly but the contractor
work has been greatly reduced due to equipment purchases. General discussion followed regarding the current and
previous snow accumulations.
Director Weitzel reviewed next steps:
The City Council to approve a funding option
Prepare bid specs for final design
Award a contract – allowing at least 10 to 12 weeks for construction
July 3rd ribbon cutting
Director Weitzel believes there would be corporate sponsors and foundation assistance with the project. He stated a
restroom would also be required noting a standard restroom costs approximately $30,000-$40,000. Councilmember
Freeman believes this projects’ success could provide opportunity for future funding assistance for additional splash
pads. Councilmember Dingman believes Reinhart Park would be the preferred location due to the current
infrastructure and available amenities in place. Councilmember Francis believes Reinhart Park should be considered
separately from the other suggested locations. He requested more information regarding on-going costs, a formal
agreement for parking lot usage, clarification of the power pole relocation cost, the possibility of additional water
storage, re-signage for parking on Washburn Avenue, and, safety on Washburn Avenue. He noted he is in favor of
funding Option 1. Councilmember Dingman believes an itemized ongoing budget is needed for better clarity.
Councilmember Smede questioned if re-directing funds will negatively impact the ongoing and needed projects
elsewhere. Director Weitzel stated this project has been presented at the request of the P&R Council liaisons, this
project is not considered a priority item within P&R. Councilmember Dingman believes this project will provide a
water experience to the citizens at a much smaller cost than a future pool. Councilmember Radford noted the splash
pad would be a replacement asset of the Reinhart Park swimming pool. Mr. Fife clarified this discussion is strictly
conceptual and actual, specific bid conversations should be discussed at another time. Mayor Casper expressed
concern about funding Option 1 stating other City departments might be interested in the these funds. She requested
the Council take consideration and respect the budgets that have been put in place. Councilmember Radford concurs
with Mayor Casper although this project is a highly discussed topic. Councilmember Smede expressed her
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appreciation for collaboration and inclusion of multiple departments. Councilmember Francis believes the July 3 date
is too soon. Councilmember Freeman noted this project will not use the entire $400,000 of snow removal funding.
Report to Council – TRPTA Director and Public Transit – BMPO and ITD:
Mayor Casper and Councilmember Dingman reminded the Council of the previous request for a TRPTA presentation
prior to release of the quarterly funding. Ms. Ely represented the following with general discussion throughout:
Services TRPTA provides in Idaho Falls: Fixed Routes – 4 routes (within Idaho Falls); 3 Americans with Disabilities
Act (ADA)/para transit (within Idaho Falls); and, 1 route between Idaho Falls/Rexburg. Demand Response – 5-6
buses within Idaho Falls, Ammon, Ucon, Iona (Bonneville County); Rigby into Idaho Falls; Rexburg into Idaho Falls;
Shelley into Idaho Falls; and, Ammon into Idaho Falls. Ms. Ely stated these buses provide Medicaid services which
is the biggest portion of revenue received. She also stated the number of passengers on fixed routes and demand
response are similar.
Who TRPTA serves: seniors; disabled; veterans; students; Medicaid; and, general public.
Cost to Operate in Idaho Falls: Fixed Routes - basic operations cost = approximately $343,509; Complimentary
paratransit service mandated by ADA - basic operations cost = approximately $192,836. This does not include
administration or maintenance costs. Ms. Ely indicated without Medicaid, there are no paratransit buses. Demand
Services basic operations cost = $317,560. Maintenance cost = approximately $90,500. Administration cost =
approximately $266,052 (urban only). Total cost estimate for Idaho Falls = $1,210,000, total local match estimate
needed = $424,000.
Urban revenues vs expenses in Idaho Falls:
Local Match –
• Urban local government contributions: $140,000 City of Idaho Falls, $35,000 Bonneville County, $1000 City
of Ammon, $1500 City of Ucon. Total = $181,500
• Contract Services - $235,840 as of FY 2018: $168,276 Medicaid, $32,000 Eastern Idaho Community Action
Partnership (EICAP), $10,000 Development Workshop Inc. (DWI) (Festival of Trees donation), $25,564
Misc. (vocational rehab, health and human services). Total = $235,840
• Total Urban Area Local Match = $417,340
Other Revenues –
• Program Income = $50,000
• Fares = $40,000
How to reduce cost in FY19 to date:
• ~$32,000 organizational restructure = approximately $32,000 remainder of FY19 and over $52,000 FY20
forward and, estimated savings of $8000 by splitting position duties
• ~$34,560 reduced operations labor - loss of operations staff can be a loss in revenue
• ~$40,000 no overtime restrictions
• ~$40,000 through increased monitoring of Medicaid brokerage processes
• ~$20,000 PERSI/Worker’s Comp reduction
Total = $174,500
Benefits of TRPTA in Idaho Falls: quality transportation services; qualified, licensed and trained bus operators;
minimal cost to ride public transportation; reduce emissions; ability to assist in reducing the number of cars on the
road and conserving pavement; and, ability to move the community and visitors in large numbers.
Ms. Ely stated the Federal Grant does not provide for administration costs, some funds from the Federal Transit
Administration (FTA) are received for administration costs, although these are not fully covered. She also stated
TRPTA does not have a State level funding, there is only Medicaid, local cities and counties; and, federal match. Ms.
Ely stated an audit was performed in June 2018, with 11 items needing corrections. Those corrective items are being
finalized and will be submitted by March 21. Councilmember Dingman questioned why TRPTA is providing services
to Rigby, Rexburg, Shelley when their municipalities do not provide financial services. Ms. Ely stated there are
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Memorandum of Understandings (MOUs) with these cities, these cities are Medicaid passengers. Councilmember
Dingman believes the services TRPTA provides outside of Bonneville County may not be legal. Ms. Ely declined to
discuss that matter. Councilmember Smede asked about the equity calculation that is used to determine how much
the participating cities pay. Councilmember Dingman indicated that TRPTA does a presentation to the cities each
year and those cities then decide what they will contribute. She questioned the contribution history of Rexburg, Rigby,
Shelley. Ms. Ely indicated they do not contribute because they are under a Medicaid contract. Councilmember
Dingman stated that Idaho Code states that resolutions must be enacted and elections held to create a transportation
authority outside of the geographical jurisdictional limits that are provided within the TRPTA. At the request of
Mayor Casper, Ms. Ely explained the difference between paratransit and demand response services. She noted
paratransit is partially covered by Medicaid and is set up through a State Broker. Medicaid rates are currently being
reviewed by the State Legislation. Ms. Ely indicated TRPTA has a Department of Housing and Urban Development
(HUD) Grant and will also be applying for other smaller grants. She hopes to put some money aside to start replacing
buses. She stated there are 37 buses and will try to replace 21 buses. Councilmember Freeman questioned if TRPTA
is losing money for the rural routes (Rigby, Rexburg, Shelley). Ms. Ely believes they are not losing money on
Medicaid although if the rural routes were cut they would lose the Medicaid funding. Councilmember Dingman stated
that TRPTA was not set up to function out of Bonneville County although the audit report indicated the rural routes
bring in the most income, but also cost the most. Ms. Ely indicated that all the buses run 3300 miles therefore, all
costs are about the same. Councilmember Dingman believes there are issues with the policy and procedure handbook
and the Bylaws. She stated the Board is currently operating under Bylaws signed in 2017, there are also voting
members on the Board that are from municipalities that are not contributing. Ms. Ely indicated that Rexburg donates
$7,000, Madison County donates $3500 (which is used for rural match), Teton County donates $8000, and the City
of Driggs donates $2500. Mr. Kirkham reviewed State Code regarding public transportation. He stated an initiative
for BMPO was placed on the Bonneville County ballot only in 1994. He stated when it was adopted there was one
way to create a regional authority, and in 1996 the Code was amended to have multi-County jurisdiction including a
legal description that the authority would occupy and residents in that area would be able to vote. Mr. Kirkham stated
no resolutions or election has been located related to TRPTA in any of the counties that TRPTA is servicing outside
of Bonneville County. Brief discussion followed regarding the TRPTA Board Members and the current vacancies.
Mayor Casper believes there may be a problem which has been occurring over the course of time and it is a concern
that tax dollars could be going to an illegitimately run organization. Mr. West believes the letter from FTA requesting
corrective actions by TRPTA is delinquent. He indicated FTA stated TRPTA does not have the technical capacity to
work within the Federal guidelines and this is a very serious matter. Councilmember Hally believes the downfall of
TRPTA may be related to the absorption of the Community and Rural Transportation (CART) system as the cost was
underestimated. He also believes there may be Medicaid broker problems. Councilmember Smede questioned
TRPTA’s ‘why’. Ms. Ely stated TRPTA is to ensure there is public transportation at a low cost. Councilmember
Smede questioned the empty buses. Ms. Ely stated a lot of the empty buses are due to people cancelling.
Councilmember Francis questioned the makeup of the TRPTA board and why Idaho Falls is so under represented.
Mr. Kirkham stated this was set by Code with the jurisdiction and bylaws, the City Attorney’s Office is unable to
find when or how the makeup of the Board was changed. Councilmember Radford stated TRPTA needs to create a
Board that has more continuity and in order to gain his support he’d prefer a different makeup. General comments
followed regarding board members. Mr. West believes that TRPTA decided it could engage other services through
the MOU’s. Councilmember Francis believes TRPTA may need restructured. Ms. Ely stated there has been excess
revenue from Medicaid for several years. When Medicaid went to a Statewide brokerage it became a realization that
there is not enough money being put into the system outside of Medicaid. She believes funding needs to be revisited.
Councilmember Radford questioned the grant process and whether TRPTA can find something similar to the
Pocatello model. Ms. Ely stated she is operating as lean as she can by using the model she has. She believes FY 2019
will break even as a whole, and that does not include depreciation. Ms. Ely stated TRPTA has 13 buses operating in
the urban area, nine (9) for the rural area, and a total of 37 buses. Mayor Casper questioned the unused assets. Ms.
Ely stated the FTA has not responded to her request to sell buses. Mr. Marker stated, per the letter submitted, FTA
and ITD will not be able to provide future grant money for capital projects until satisfactory resolution to the audit
findings are submitted, due to the delinquency of TRPTA’s response. However, they will continue to provide grant
money for current operational costs, provided TRPTA can show satisfactory payment and match. To the response of
Councilmember Dingman, Mr. Marker confirmed the response from TRPTA is now delinquent. Councilmember
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Hally questioned the assets if TRPTA is liquidated. Ms. Palister stated the rural assets are titled in ITD’s name, there
is a specific process for disposition which would depend on the value of the vehicle. If the vehicle value is more than
$5000 FTA would require any excess money go back into public transportation. Councilmember Radford questioned
Pocatello and Boise transportation. Ms. Palister stated they do fund the rural operations outside of the Pocatello area.
Mayor Casper questioned the possibility that TRPTA has been operating as a regional authority but may only legally
be a county authority. Mr. Marker stated they would defer to legal, however money provided for rural operations is
separate from any State Code establishing an authority and is not relevant to distribution of rural dollars. Mayor
Casper questioned if the Federal rules would require that the Board reflect the rural entities. Ms. Palister stated that
would be on the State level. Councilmember Radford questioned the allocation of ITD funds for the rural area of
Pocatello. Ms. Palister is unsure of the funding and clarified Pocatello is not an actual ‘authority’. Mr. Marker stated
something similar to the Pocatello model could be set up. Mayor Casper questioned the alternate providers for
Medicaid riders. Mr. Marker stated there are other places that provide options on a smaller scale. Mr. West stated
TRPTA consulted with a consultant years ago to find new options, however there were so many arguments they had
to cut ties. He believes a fixed route will yield the highest productivity and trips at a lower cost, however, there is no
infrastructure to support the operations in this area (i.e. curb cuts, signage, shelter). He stated fixed routes could be
combined with a deviated fixed route system which would accommodate the paratransit. Mayor Casper questioned a
ride-share program (Uber). Mr. West stated he is only aware of three (3) ride-share programs in the U.S. that can
provide paratransit services. Councilmember Freeman asked if Medicaid would pay for other ride-share programs.
Ms. Ely stated it is possible, Medicaid will use as many people as they can to provide the trips needed. To the request
of Mayor Casper, Mr. West stated BMPO is responsible for programming and planning all federal dollars. He also
stated the BMPO Policy Board makes funding decisions for highway, transit, etc. and works closely with TRPTA.
He expressed his concern with the projects submitted by TRPTA and the fiscal restraint. He believes TRPTA needs
to make sure the revenues are reasonably available and the revenues previously used carry forward. Councilmember
Dingman questioned the Transportation Improvement Plan (TIP) that has been presented. Mr. West believes the
$135,000 extra in Medicaid needs a methodology with new riders and new rates being used. He stated a 5-year
average instead of a 1-year average should be used. Councilmember Dingman questioned if there was a shortfall in
dollars. Mr. West stated Federal revenue is fine, although local revenue is questionable with the 125% from Medicaid.
He would prefer to operate a system with current revenue. Ms. Ely stated she is adding in the Medicaid increase,
which is in the second leg of a three-leg legislative process, although the increase is unknown. Mr. West believes
TRPTA is maxed out on Medicaid trips. Councilmember Dingman does not believe the TRPTA Board is concerned
with the problems that TRPTA is facing. She also believes the TRPTA Board needs restructured and the additional
counties should go through the legal process similar to the Bonneville County process. She does not believe it is
responsible to invest general funds into something that is not going well. Councilmember Smede believes TRPTA is
needed, but they need to operate within their means. Councilmember Freeman stated he is willing to give them another
three (3) months and provide the next funding amount to see if TRPTA can straighten the problem. Councilmember
Radford stated he sees concern, but not a solution. Councilmember Francis indicated they have the fiduciary
responsibility not to waste money and if it is going to be sanctioned it needs to be held back. Councilmember Radford
concurs with Councilmembers Freeman and Francis. Councilmember Hally does not believe TRPTA can make it
work even with the money from the City. Brief discussion followed regarding the lack of financial information that
would show how TRPTA was going to move forward. Ms. Ely indicated she will provide the funding information.
Mayor Casper stated future discussion will occur once the FTA sanctions have been cleared, no funding will be
released until that time.
There being no further business, the meeting adjourned at 6:32 p.m.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
CITY CLERK MAYOR
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Agenda
Honorable Mayor and Council
Brad Cramer, Director
March 6, 2019
March 5, 2019, Planning Commission Action
Planning Commission took the following action during the March 5, 2019 meeting.
1. PLAT16-033: FINAL PLAT. Alderwood Professional Plaza Final Plat. Generally south
of Alan St., west of Ashment Ave., north of E 17th St., and east of Hoopes Ave.¹ On March
5, 2019, the Planning and Zoning Commission recommended, to the Mayor and City
Council approval of the final plat as presented.
2. PLAT19-001: FINAL PLAT. Windsor Addition Division No. 1 First Amended.
Generally south of E 17th St., west of Jennie Lee Dr., north of E 21st St. extended, and east
of S Holmes Ave. ¹ On March 5, 2019, the Planning and Zoning Commission
recommended, to the Mayor and City Council approval of the final plat as presented.
3. RZON19-001: REZONE. First Street Welding Rezone TN to CC. Generally south of
Lomax St., west of N Holmes Ave., north of E 1st St., and east of N Higbee Ave. ¹ On
March 5, 2019, the Planning and Zoning Commission recommended, to the Mayor and City
Council approval of the rezone as presented.
4. RZON19-002: REZONE. 1381 Elmore 6 lots along Fremont Ave R1 w PT to TN.
Generally south of Science Center dr., west and north of US Hwy 20, and east of Fremont
Ave. ¹ On March 5, 2019, the Planning and Zoning Commission recommended, to the
Mayor and City Council approval of the rezone as presented.
5. RZON18-021: REZONE. Amend Comprehensive Zoning Ordinance to Establish
Section 11-5-3, Airport Overlay Zone. ¹ On March 5, 2019, the Planning and Zoning
Commission recommended, to the Mayor and City Council approval of the ordinance
amendment as presented with the incorporation of the public comment and minutes and the
adjustment to maps as discussed..
RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and
Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA).
PC Action 3/5/2019
PARKS & RECREATION COMMISSION MEETING
FEBRUARY 4, 2019
ACTIVITY CENTER
12:00 Noon
ATTENDANCE:
Members in Attendance: B. Combo, C. White, T. Hersh, K. Hope, J. Forbes, M. Hill, J. Hammon,
J. Freeman, R. Campbell, P. Holm, C. Horsley
Members Not In Attendance: B. Lee, J. LoBuono, D. Radford, P. Lloyd, W. Johnson, G. Weitzel
CALL TO ORDER – B. COMBO
B. Combo called the meeting to order at 12:10.
APPROVAL OF MINUTES
T. Hersh motioned to approve the January 7, 2019 minutes. K. Hope seconded. All in favor.
DIRECTOR’S REPORT – G. WEITZEL (ABSENT – REPORTED BY P.HOLM)
P. Holm reported on the following:
The organizational change in the Recreation Division. Chris Horsley was introduced as
the new Recreation Superintendent.
P. Holm updated the board on the dog park. Since the donation by the Maeck
Foundation, a steering committee is working on a plan for improvements, including
adding a third section to the park to help with turf management by allowing rotation,
and working with the FAA regarding their regulations. There are plans to add water and
an agility course, among other things.
The Maeck Education Center is finished minus a few last minute touches, such as the
logo for the front. All Commission members are encourage to attend the ribbon cutting
on February 22nd.
The new playground equipment at Community Park was approved by the City Council
and will be replaced this spring. The path at this park will also be finished this spring.
The RFQ’s for a second sheet of ice. We will begin looking for qualifications from
companies for this project.
P. Holm will begin obtaining prices on spray pads. J. Freeman advised the board that
they want to get a pad put together at Reinhart Park this summer as we have funds
available.
The Heritage Park project update was given, including the problems with delivery of
donated material. We are working with H&K to resolve this.
The Idaho Canal project ribbon cutting is planned for August or early September.
P. Holm invited the commissioners to the Parks & Recreation Department meeting on
February 6th.
The draft community survey was reviewed by the commission. P. Holm asked
commission members to review the survey and have any changes they’d like to submit
by Monday, February 11th.
The Demographics & Recreational Trends Analysis report was reviewed by commission
members.
OTHER DEPARTMENT UPDATES
R. Campbell – Parks Maintenance
R. Campbell advised that the staff has been working on tree trimming projects and snow
removal.
D. Pennock – Zoo
D. Pennock advised they have been working on their accreditation package.
T. Hersh – Golf
T. Hersh advised that the Five Year Master Plan is underway, and that the committees
that were formed will finalize their recommendations in the next few weeks.
CALL FOR AGENDA ITEMS
Meeting adjourned at 1:02 p.m.
Next meeting will be held March 4, 2019.
Recorded by:
Tracy Sessions, Clerk, Parks & Recreation
APPROVED
Idaho Falls Sister City Youth Meeting-Minutes
February 6, 2019
Attendees:
Katie Eaton Abby Gallegos Stephanie VanAusdeln
David Eaton Jo Gallegos Rebecca Smith
Kylie Eaton Aiden Gallegos Abel Doyle
Lori Kidwell Anna St. Michel Diana Doyle
Sam Hawker Whitney St Michel Elliott Boring
Heather Medema Kendra Peck Wendy Boring
Charlie Medema Josi Packer Maggie Boring
Melida Cebull Nathan Peck Charoltte Combs
Charlotte Sun Nicholas Cebull Laura Combs
Approval of minutes:
January 14, 2019 meeting minutes was motioned to be approved by Whitney St. Michel and
seconded by Kendra Peck.
Treasurer’s Report:
Lori Kidwell gave the financial report balances from November 2018, December 2018, and
January 2019. January’s balance is $2,903.09.
Contact Information Review:
Every member was asked to confirm their phone number and email address on the “Contact
Information” sheet.
Forms and Dues:
The following turned in their forms and paid their dues:
Maggie Boriing Code of Conduct and application
Elliott Boring Code of Conduct and application
Abigail Gallegos Code of Conduct and application
Aiden Gallegos Code of Conduct and application
Sam Hawker Code of Conduct
Kylie Eaton Membership dues paid
Discovery Magazine Ad:
The advertisement will be in the Idaho Falls Discovery Magazine Spring/Summer Issue.
Skyping with Tokai-Muri Students:
Kendra Peck asked the group to pick dates for skyping with students in Tokai-muri. After
discussion the group agreed on Saturday, February 23 during the New Year’s Party.
Fundraisers:
Update on the Winter Carnival Planning. The fundraiser earned $1636.00. David Eaton
suggested that planning should begin in October or November.
The Cherry Blossom Festival is schedule at the Snow Eagle April 25. Melinda asked for a
volunteer to coordinate the Festival. Their job is to keep in touch with the other volunteers.
Volunteers are also needed for raffle item collection, putting pictures with description on website,
coordinating ticket sales, decorating assemble basket.
Melinda suggested that each family should get a donated items (paper was sent around to
the group) and these items should be collected by March 11. The baskets should be assembled
and the pictures should be up on the website by the end of March. Ticket sales should begin
the first of April.
Paramount fundraiser is scheduled for Friday (2/8/19) and Saturday (2/9/19). Volunteers are
asked to sign up to sell coupon book in the lobby of the Paramount. Each shift will last for 30 to
40 minutes. Lori Kidwell will coordinate this.
New Year’s Party:
After discussion on the date of the New Year’s Party the group agreed on February 23, from
4:00 to 6:00 at the Skyline Activity Center. A variety of games will be played and food will be
served.
Meeting format discussion:
David proposed that one time per month the student work on their projects in one room of the
library and the adults work on their projects in a separate room at the library. By doing this,
students will spend more time learning about the Japanese culture. The group agreed. This will
begin on February 20 and continue on the second meeting of every month.
STUDENT MEETING MINUTES
Library Clean-up:
Charlie Medema suggested last month that the group help with the Koi Pond at the library.
Beth Svenson, Librarian for Idaho Falls Public Library spoked with the group about
improvements on the Koi Pond area. She suggested cleaning rock, adding greenery, and a
traditional sand area. Beth stated that all design ideas need to be presented to the Director of
the Library. Ideas of using flowers and cherry trees were stated by students. Whitney suggested
that students research gardening ideas before submitting a design. A suggestion that the JACL,
the Adult Sister City group and the Friendship garden group, and master gardeners be
contacted. It was also suggested that the monies come from donations not the IFSCY funds.
IFSCY students should do the work.
Students should send their designs to Charlie Medema.
Newsletter:
Every year a newsletter is created. Student members sign up to write a paragraph on the
activities that take place in the IFSCY. A sign up sheet was sent around and students signed
up. The group agreed that the paragraphs are due by the second meeting in March. [March
11].
Motion to Adjourn meeting Melinda Cebull. Seconded by Kendra Peck. Meeting adjourned.
Approved
Idaho Falls Sister City Youth Meeting-Minutes
February 20, 2019
Attendees:
Nicholas Cebull Heather Medema Charlotte Combs
Anna St. Michel Gabe Padron David Eaton
Kylie Eaton Jorge Padron Katie Eaton
Diane Doyle Aliyah Gamino Kendra Peck
Abel Doyle Vina Gamino Laura Kelley
Peter Cebull Whitney Michel Izabel Kelley
Charlie Medema Laura Combs Rebecca Smith
Approval of minutes:
February 6, 2019 meeting minutes was motioned to be approved by Whitney St. Michel and seconded by
Diane Doyle.
Bylaws:
Discussion on bylaws. The bylaws will need to have a few more correction. The proposed bylaws with
corrections will be sent out to the group prior to the next meeting for review.
Forms and Dues:
The following turned in their forms and paid their dues:
Gabe Patron - Membership application, Code of Conduct and dues
Aliyah Gamino - Code of Conduct
Izabel Kelley - Membership dues
New Year’s Party:
The New Year’s Party is scheduled for February 23, from 4:00 to 6:00 at the Skyline Activity Center. A
variety of games will be played and food will be served. List of items needed was distributed for members to
sign up. Every participant is asked to bring treats.
Skyping with Tokai-Muri Students:
Skyping with Sister City group is scheduled to take place during the New Year’s Party from 5:00 to
5:30. Kendra will bring the technology and set it up.
Student Exchange Planning:
No news to update. Planning will begin in March.
Fundraisers:
Paramount fundraiser earned the group $730.00. The group will decide at the next meeting if they want to
do another Paramount fundraiser. In the meantime, Whitney will ask Paramount theater if there are dates and
times available at the beginning of March.
The Cherry Blossom Festival is schedule at the Snow Eagle April 25. Lori signed up to be coordinator.
David [and Melinda] will help her. Families need to solicit donations from local businesses. Sign up sheet was
passed around. All donations need to be turned in by March 11th meeting.
Heather volunteered to package all donations (Diane will help) Charlie will take pictures of the baskets and
send them to Jorge and Gabe (advertisement). Whitney will help with advertising.
Vina Gamino will put the event on Facebook events and make the event public.
Flyers will be created by Izabele or Anna.
Rebecca will be in charge of event tracking and ticket distribution.
Laura Combs will be in charge of the thank you notes to businesses.
Areas that continue to have volunteers are: Decoration (need to be set up beginning on April 25th at 10:00
am), drawing for the baskets (begins at 8:30 pm), and cleanup which begins after drawing.
Annual garage sale is typically help the third week in May. Kendra offered her home in Shamrock Park to
be the place for the garage sale. If that doesn’t work Jorge offered the parking lot of his business location on
Lomax and Holmes. The group will discuss and decide at a later time.
Library Clean-up:
Heather Medema stated that she and Charlie visited Town and Country. David Eaton talked with the
designer of the Sister City gardens area at the library. By the next meeting Heather will meet with both Town
and Country and the designer then put a proposal together for the Library Director. She will inform us on the
progress at the March 6th meeting.
Newsletter:
A sign up sheet went around for students to sign up to write a paragraph on the activities that take place in
the IFSCY. All students are asked to have the paragraphs completed and turned in by the first meeting in
March.
Motion to adjourn meeting Whitney St. Michel and seconded by Peter Cebull. Meeting adjourned.
CHAPTER 6
ADMINISTRATION
11-6-1 Purpose
11-6-2 Duties and Authorities
11-6-3 Application Procedures
11-6-4 Decision-Making Procedures
11-6-5 Decision-Making Criteria
11-6-6 Required Improvements
11-6-7 Enforcement
11-6-1 PURPOSE.
The purpose of this Chapter is to set forth the roles, responsibilities, and processes in the administration of
permits and decisions that are authorized by this Code consistent with Idaho Code.
11-6-2 DUTIES AND AUTHORITIES.
(A) City Council. The City Council shall have the authority to set policy and legislation effecting land use
and the administration of this Code, including fees as established by resolution of the Council. The
Council shall act on:
(1) Recommendations from the Planning and Zoning Commission in legislative actions and some
quasi-judicial applications.
(2) Recommendations from the Board of Adjustment on quasi-judicial applications.
(3) Decisions on some quasi-judicial applications without prior recommendations from either the
Planning and Zoning Commission or Board of Adjustment.
(4) Appeals of the Planning and Zoning Commission, Board of Adjustment and Zoning Administrator
decisions.
(5) It shall be unlawful to erect, construct, move or structurally alter any building or structure, or any
part thereof, until after a written permit to do so, has been issued by the Building Official.
(B) Planning and Zoning Commission. The Planning and Zoning Commission shall be the designated
planning agency for the City. The Commission shall be responsible for final action on some site
specific permits and for recommendations to the City Council on land use legislation, comprehensive
plan amendments, and other policy matters. In undertaking these responsibilities, the Planning and
Zoning Commission shall act as follows:
(1) Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning
process, comprehensive plan, and implementation.
(2) Promote a public interest in and understanding of the Planning and Zoning Commission’s
activities.
(3) Make recommendations to the Council concerning the comprehensive plan, planning process, or
implementation of the comprehensive plan.
(4) Initiate proposed amendments to this Code and conduct a review of this Code from time to time.
TITLE 11 COMPREHENSIVE ZONING
64
(5) Interpret the provisions of this Code and consistency of actions with the Comprehensive Plan.
(6) Conduct public hearings, make decisions and recommendations to the City Council based on the
required findings and standards for applications as set forth in Section 11-6-4 of this Chapter.
(C) Board of Adjustment.
(1) The Board of Adjustment shall be responsible for decisions on site specific applications, including
variances and some conditional use permits related to exceptions to this Code, conditional use
permits, and appeals of decisions made by the Zoning Administrator.
(2) In carrying out its responsibilities, the Board shall conduct public hearings, make decisions
and recommendations to the City Council based on the required findings and standards for
applications as set forth in Section 11-6-4 of this Chapter.
(D) Zoning Administrator. The Zoning Administrator shall be the administrative official of this Code. In
carrying out this responsibility, the Zoning Administrator or their authorized staff shall act as follows:
(1) Interpret provisions in the enforcement and administration of this Code.
(2) Provide information to the public on planning and zoning matters.
(3) Receive and examine applications including, but not limited to, the following:
(a) Enter upon any property to make examinations and surveys.
(b) Determine the completeness of applications in providing the required information.
(c) Maintain records of all materials and correspondence related to land use applications.
(d) Maintain records of the Planning and Zoning Commission, Board of Adjustment and City
Council hearings and actions.
(e) Transmit to the Planning and Zoning Commission, Board of Adjustment and City Council
all applications related to their responsibilities as set forth in this Code.
(4) Review and act on minor ministerial permits, site plans, adherence to performance standards and
compliance with the provisions of this Code.
(5) Enforcing the conditions and standards imposed on all permits granted by the city and permitted
under this Code.
(E) Summary of Actions/Decisions. Table 11-6-1 Summary of Actions/Decisions that follows is a list
of the actions/decisions the City shall take in the administration of this code, the decision body
responsible and the process and findings under which the action shall be granted.
TITLE 11 COMPREHENSIVE ZONING
65
Table 11-6-1: Summary of Actions/Decisions
Notes:
BA = Board of Adjustment
A = Appeal Process
CC = City Council
ADM = Administrative Process
PZ = Planning and Zoning Commission
P = Permit Process
ZA = Zoning Administrator
PH = Public Hearing Process
Code Cross- Recommending Final Decision-
Permit/Decision reference Authority maker
Process
APPEALS
Decisions of the Zoning Administrator 11-6-3E BA A
Decisions of the Board of Adjustment or
11-6-4 CC A
Planning and Zoning Commission
CONDITIONAL USE PERMITS
All uses listed as conditional in the Tables 11-2-3, 11-2-4,
of Uses and 11-2-5
C1 Conditional Use (Administrative) ADM ADM
C Conditional Use (Planning and Zoning PZ PH
Board
2
of Adjustment) BA
C3 Conditional Use (City Council) PZ BA CC PH
To Allow Structures Buildings Within
Seventy-five feet (75’) of the Banks of a 11-4-3 BA PH
Designated Natural Flood Channel
Minor amendment to a PUD 11-6-3I (9) ZA ADM
Major amendment to a PUD 11-6-3I (9) PZ CC PH
PARKING AND LOADING
To allow off-street parking on a separate
11-4-5A (3) ZA ADM
lot
To determine the number of off-street
parking spaces required for uses not listed 11-4-5B (2) ZA ADM
in Table 11-4-2
To waive additional off-street parking for
11-4-5B (3) ZA ADM
similar uses in the CC and TN Zones
To reduce or waive off-street parking
11-4-5B (4) ZA ADM
requirements
To allow a transit access credit to reduce
11-4-5C (3) ZA ADM
the number of required parking spaces
To allow a reduction in off-street parking
11-4-5D (2) ZA ADM
in a shared parking situation
To approve a parking site plan 11-4-5F ZA ADM
To combine off street loading for two (2)
11-4-5H (1) ZA ADM
or more buildings
To allow combined loading facilities 11-4-5H (1) ZA ADM
TITLE 11 COMPREHENSIVE ZONING
66
PERMITS
Temporary construction use 11-2-6BB BA P
Temporary land use 11-2-6CC ZA ADM
Boat docks and boat landing facilities
11-4-8B CC ADM
along the Snake River
Reconstruction of a monopole 11-5-2E (1) ZA ADM
Moving Structures 11-6-5D ZA P
PLANS
Landscape Plan 11-4-4D (3) ZA P
Site plans 11-4-5F ZA P
WAIVER or EXCEPTIONS
Variance 11-6-5G BA PH
Minimum lot size in PT Zone 11-6-5I PZ CC P
ZONING
Certificate ZA ADM
Code amendment 11-6-5I PZ CC PH
Code enforcement 11-6-7 ZA ADM
Map amendment 11-6-5I PZ CC PH
Map interpretation 11-3-1C BA CC P
Table of Allowed Uses Interpretation 11-2-2A (1)(3) ZA ADM
Amendments to Tower Overlay Zones (T-
11-6-5J PZ CC PH
1 and T-2)
(Ord. 3210, 8-23-18)
11-6-3 APPLICATION PROCEDURES.
The purpose of this Section is to outline the application procedures for a permit or decision under provisions
of this Code.
(A) Application Requirements.
(1) All uses, structures, or work defined by this Code as requiring review by the City Council,
Planning and Zoning Commission, Board of Adjustment or Zoning Administrator must obtain
the appropriate permit or permits prior to commencing the use, construction or alteration in or
on any property within the City of Idaho Falls.
(2) All requests for permits and decisions in accordance with this Code shall submit a complete
application to the Zoning Administrator on forms approved and provided by the city.
(3) Some requests for permits and decisions shall require additional application information.
(4) All information and applications are preferred to be submitted electronically.
(5) All applications shall be accompanied by a filing fee in an amount as set from time to time by
City Council resolution.
(6) No action shall be taken on an application until the application has been determined to be
complete by the Zoning Administrator or their authorized staff.
TITLE 11 COMPREHENSIVE ZONING
67
(C) Action on the Application. After an application has been determined to be complete, an action or
decision shall occur as follows:
(1) For an administrative decision identified as “ADM” on Table 11-6-1 Summary of Actions/
Decisions, the Zoning Administrator shall act upon the application within thirty (30) days.
(2) For a permit request identified as “P” on Table 11-6-1 Summary of Actions/Decisions, the
decision-making authority shall act upon the application within sixty (60) days.
(3) For an application requiring a public hearing identified as on Table 11-6-1 Summary of Actions/
Decisions, the initial hearing shall be held no later than sixty (60) days after the date of the
determination of completeness, unless waived by the applicant.
(D) Public Hearing Procedures. All applications subject to a public hearing as identified on Table 11-6-1
Summary of Actions/Decisions, shall follow the public hearing requirements consistent with Idaho
Code.
(E) Appeal Procedures for Decisions of the Zoning Administrator.
(1) The Board of Adjustment shall hear and decide appeals wherein it is alleged there is error in
any order, requirement, decision, or determination made by the Zoning Administrator in the
enforcement of this Code and shall have appellate jurisdiction over all decisions and rulings of
the Zoning Administrator.
(2) Any citizen or person or any officer or department of the City may appeal to the Board of
Adjustment by filing a request in writing with the Zoning Administrator within fourteen (14)
days from the grant or refusal of a permit by the Zoning Administrator.
(3) Notice of the public hearing on an appeal of the Zoning Administrator’s decision shall be made
in accordance with Idaho Code.
(F) Expiration of Action on Applications. All application approvals shall expire one (1) calendar year
from the date of approval unless:
(1) The city issues a building permit for the proposed improvement, development, or use prior to the
expiration of the one (1) calendar year; or
(2) By condition of approval, a time period for completion of the application has been specified.
(G) Resubmittal.
(1) No application that has been denied by the City shall be resubmitted, in substantially the same
form for the same use, within one (1) year six (6) months from the date of denial.
(2) The Zoning Administrator may waive the one (1) year six (6) months requirement and accept a
new application, where the subject property is affected by amendments to the Comprehensive
Plan or to this Code.
(H) Certificate of Occupancy. No certificate of occupancy shall be issued for any approved application
until the development has been inspected and determined to be in compliance with all terms and
conditions of the permit, including but not limited to, proper installation of all required improvements.
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68
(I) Application Procedures for a Planned Unit Development (PUD).
(1) Applications for a planned unit development shall consist of three (3) procedural steps: pre-
application conference, Planning and Zoning Commission hearing and recommendation to
the Council, and hearing and final plan approval by the Council. With the concurrence of the
Zoning Administrator, an applicant may combine the PUD hearings with the hearings required
for associated subdivision applications or zoning Zone changes.
(2) Prior to the filing of an application for a PUD permit, the applicant shall request and the Zoning
Administrator shall schedule a pre-application conference with the Planning Division staff and
other City staff, as deemed necessary.
(a) A pre-application conference with the Planning Division staff is mandatory for all PUD
proposals.
(b) At the pre-application conference, the applicant shall submit a sketch plan of the proposed
PUD and shall outline and generally discuss the nature of the development and proposed
land use. This step represents an opportunity to identify any major problems that may exist
and identify solutions to those problems before formal application.
(3) Applications shall be filed not later than one hundred and twenty (120) days after the date of the
pre-application conference.
(a) All applications for a permit shall include information required by the Zoning Administrator.
(b) The contents of the application shall be of sufficient clarity, quality and detail to allow the
City to determine compliance with the performance standards of this article and the other
standards imposed by this Code.
(4) Applications for a PUD shall be reviewed as a conditional use and shall follow the public hearing
requirements consistent with Idaho Code.
(5) The Planning and Zoning Commission shall review the application for compliance with Section
11-2-6W of this Code.
(a) If the Commission finds that the proposed plan and uses do not comply with Section
11-2-6W of this Code, it shall make a finding in writing specifying the reasons why the
application is not in compliance with such standards and shall deliver the same to the
applicant and the Council within forty-five (45) days.
(b) The Commission may, at any time, recess the public hearing to a later date and no further
public notice shall be necessary, provided the motion to recess and the date of the recessed
hearing is duly noted in the minutes of Planning and Zoning Commission.
(c) Following the conclusion of the public hearing, the Commission shall forward its
recommendation in writing to the Council, which recommendation shall include proposed
findings in accordance with its recommendation.
(6) The applicant may, at any time prior to the consideration of the application by the Council,
request that application be withdrawn and resubmitted at a later date to the Commission for
purpose of making modifications recommended by the Planning and Zoning Commission. In the
event the applicant requests reconsideration of the application within ninety (90) days after the
date of the hearing before the Planning and Zoning Commission, no filing fee shall be required
for such amended application.
(7) Upon receipt of the recommendation of the Commission, a public hearing before the City Council
shall be held, and the Council shall approve or deny the application.
TITLE 11 COMPREHENSIVE ZONING
69
(a) If the Council denies the application, it shall prepare specific written findings indicating the
basis of its denial and the performance standards not met by such application.
(b) If the Council approves the application, it shall adopt the findings of the Commission,
together with any additional findings or modifications it deems necessary, and order the
Zoning Administrator to issue a permit which incorporates the representations made in the
application and any other conditions required by the Council in order ensure compliance
with this article.
(8) Approval of the PUD shall expire if no effort is made to complete the PUD within eighteen (18)
months from the date of Council’s approval of the development plan.
(a) The Planning and Zoning Commission may grant a written extension for twelve (12)
months based on demonstrated cause.
(b) For phased PUDs, the PUD or subsequent phases of the initial PUD shall expire
automatically if the phases outlined in the development plan are not completed according
to the approved phasing schedule identified in this Section.
(9) PUD amendments shall follow the following procedures for minor and major changes.
Amendments shall be in keeping with previous phases or approved PUD development plans and
shall meet the same objectives as the original PUD. If the proposed amendment is intended to
alter the previously approved plans objectives the applicant will justify how the amendment fits
within the whole of the development.
(a) Minor changes to a PUD planned unit development may be approved administratively
and in writing whereupon a permit may be issued. Such changes may be authorized
without additional public notice at the discretion of the Zoning Administrator. Changes
not specifically identified below shall constitute a major change. Minor changes shall be
defined as follows:
(i) A change of less than five percent (5%) in the approved number of residential dwelling
units, provided an increase will not exceed the permitted density of the Zone.
(ii) A change of less than five percent (5%) in the amount of commercial square footage
within the development.
(iii) A change in location or layout of approved common areas and amenities provided
there is no decrease.
(iv) A change in building location or placement less than twenty percent (20%) of the
building width.
(b) Major changes to a PUD must follow the same review, public notice and hearing process
required for approval of the initial PUD Planned Unit Development. Major changes shall
include, but not be limited to the following:
(i) A change in the character of the development.
(ii) A change of greater than five percent (5%) in the approved number of residential
dwelling units.
(iii) A change of greater than five percent (5%) in the amount of commercial square
footage within the development.
(iv) A reduction in the approved common space and/or amenities provided.
TITLE 11 COMPREHENSIVE ZONING
70
(v) A change in the location and placement of buildings greater than twenty percent
(20%) of the building width.
(vi) An increase in the number of lots above what was approved through the preliminary
plan review.
(vii) Any other change to the plan not defined herein as a minor change.
11-6-4 DECISION–MAKING PROCEDURES.
The purpose of this Section is to describe the manner in which decisions are rendered, the responsibilities
in making decisions and the process for appeal of decisions.
(A) General Provisions.
(1) All decisions and any conditions for the approval of any permit shall be set forth in writing.
(2) Any city decision-making body may impose conditions upon the approval of any permit,
provided such conditions are reasonably necessary to implement or achieve the requirements of
this Code.
(B) Decisions of the Board Adjustment and Planning Commission.
(1) A majority vote of the members present shall be necessary to decide upon any matter upon which
a vote is required to pass.
(2) For applications that do not require the approval of the City Council, the Planning and Zoning
Commission or Board of Adjustment shall approve or deny the application on a majority vote.
(3) If the application requires approval by the City Council, the Planning and Zoning Commission
or Board of Adjustment shall forward its recommendations to the Council. The Council shall,
within a reasonable time, hold at least one (1) public hearing to consider the application.
(4) Written notice of decisions of the Board of Adjustment and Planning and Zoning Commission,
including conditions and Reasoned Statement of Relevant Criteria and Standards, shall be sent
within five days to the applicant and/or their representative, and all persons who have requested
a copy of the decision.
(D) Appeal Procedures for Board of Adjustment and Planning and Zoning Commission Decisions.
(1) Decisions of the Board of Adjustment and Planning and Zoning Commission shall be final unless
a written appeal is made to the City Council within fourteen (14) days of the date of the written
notice of decision described above in paragraph Section 11-6-4B (4).
(a) The written notice of appeal shall be filed with the Zoning Administrator and shall set forth
the objections to the decision made by the Board of Adjustment or Planning and Zoning
Commission.
(b) Upon receipt of the appeal, the Zoning Administrator shall forward to the Council the record
of the Board of Adjustment or Planning and Zoning Commission, including the Reasoned
Statement of Relevant Criteria and Standards, adopted by the Board or the Commission.
(2) The concurring vote of a majority of the members of the City Council shall be required to reverse
any requirement, decision, or condition of the Board of Adjustment or Planning and Zoning
Commission.
(3) Any person aggrieved by a decision of the Council may seek recourse as provided in Idaho
Code, as amended.
TITLE 11 COMPREHENSIVE ZONING
71
11-6-5 DECISION-MAKING CRITERIA.
The purpose of this Section is to identify the criteria for review and decision on certain types of applications
and the required Reasoned Statement of Relevant Criteria and Standards consistent with Idaho Code.
(A) Appeal of Decisions of the Zoning Administrator. The Board of Adjustment is empowered to reverse,
or affirm wholly or partly, or modify the order, requirement, decision, or determination of the Zoning
Administrator.
(B) Conditional Use Permit.
(1) The City Council, Board of Adjustment or Planning and Zoning Commission shall approve
or deny a conditional use permit application and shall issue written Reasoned Statements of
Relevant Criteria and Standards and in accordance with Idaho Code.
(2) In the event an application is denied, the City Council, Board of Adjustment or Planning and
Zoning Commission may make recommendations to the applicant or set forth conditions under
which it would approve the application and the applicant may resubmit their application.
(3) In addition to the conditions specified by the Zoning Code for conditional uses in each particular
Zone, the City Council, Board of Adjustment, or Planning and Zoning Commission may impose
additional conditions, including, but not limited to:
(a) Minimizing adverse impact on other developments or adjacent properties.
(b) Controlling the sequence and timing of development.
(c) Controlling the duration of development.
(d) Assuring the development is maintained properly.
(e) Designating the exact location and nature of development.
(f) Requiring landscaping of on-site or off-site public facilities or services.
(g) Restricting the hours of operation of any business or other commercial activity conducted
on the premises.
(h) Such other conditions as may be necessary to preserve the character and harmony of
the zone and avoid conflict with the general characteristics of the area designated in the
Comprehensive Plan.
(4) Prior to granting a conditional use permit, the City Council, or Planning and Zoning Commission,
or Board of Adjustment may require studies of the social, economic, fiscal or environmental
effects of the proposed conditional use, and may require the submission of a development plan
as set forth in Section 11-3-6B of this Code.
(5) A conditional use permit is not transferable from one (1) parcel of land to another.
(6) Abandonment of or non-use of a conditional use permit for a period of twelve (12) consecutive
months shall terminate said conditional use permit, and any privileges granted shall be null and
void.
(7) Failure to comply with the conditions of approval for a conditional use permit shall be cause for
termination of the approval and shall be deemed to be a violation of this Code.
(C) Conditional Use Permit to Allow Structures Buildings Within Seventy-Five feet (75’) of the Banks of
a Designated Natural Flood Channel may be approved subject to the following conditions:
(1) Adequate measures are taken to insure the uninterrupted flow of water during floods.
TITLE 11 COMPREHENSIVE ZONING
72
(2) Adequate measures are taken to protect the building or structure from damage due to floods.
(3) Flood damage hazard to surrounding land and improvements will not be increased as a result of
the construction of a building or structure for which a permit is requested.
(4) All structures will be located in accordance with the plan of flood drainage adopted by the
Council.
(5) Applicant has submitted a complete Flood Elevation Certificate.
(D) Permit for Moving a Building, Including Locating a Mobile or Manufactured Home on a Permanent
Foundation.
(1) The building and lot on which the building is to be located conform to the requirements of this
Code.
(2) All dedications and improvements, as required by the City for streets and facilities and buildings,
shall be provided in conformity with the standards of the City.
(3) For mobile homes, the applicant must provide certification from the State of Idaho and the
Department of Housing and Urban Development that the structure meets all applicable codes
making the structure suitable for human occupancy.
(G) Variances.
(1) A variance is a permit issued by the Board of Adjustment pursuant to Idaho Code.
(2) A variances may be issued for the area, width, location, height, and lot coverage requirements
as set forth in Chapter 3 Zoning Regulations and Chapter 5 Overlay Zones Regulations of this
Code and from the regulations in Chapter 4 Design and Development Regulations of this Code
which regulate the manner in which conforming uses are developed.
(3) Approval of a variance shall be based on the following findings:
(a) Undue hardship results from physical limitations on development unique to the property
upon which the variance is requested and such hardship is not generally applicable to other
properties in the same Zone.
(b) Such hardship is not economic in nature not has it been created by the owner of the property
or occupant.
(c) Granting the variance will not be in conflict with the public interest or create a nuisance or
potential harm to the neighborhood in which the lot is located.
(H) Waiver from the Minimum Lot Size of Thirty Thousand Square Feet (30,000 ft2) in the PT Zone.
(1) A waiver maybe allowed based on the following findings:
(a) That the use cannot be practicably developed without the reduced minimum lot size.
(b) That the applicant can satisfy the performance standards set forth by use of the improvements,
premises and facilities of a contiguous use.
(2) The issuance of a permit for a use having less than thirty thousand square feet (30,000 ft2) may be
conditioned upon the conveyance, dedication, grant or joint use agreement between the applicant
and the owner of the contiguous use as may be required by the Commission and Council in
order to demonstrate the applicant's ability to meet the performance standards. The documents
of conveyance or agreement shall include a provision that the document of conveyance or
agreement shall be irrevocable without the express written consent of the Council.
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(I) Amendments to the Zoning Code or Zoning Map. Amendments to the Zoning Code or Zoning Map,
including changes to existing zoning map, the existing zoning map, or zoning for proposed areas of
annexation, may be allowed subject to the following findings:
(1) The Zoning is consistent with the principles of City's adopted Comprehensive Plan, as required
by Idaho Code.
(2) The potential effects on the following:
(a) Traffic congestion as a result of development or changing land use in the area and the
need that may be created for wider streets, additional turning lanes and signals, and other
transportation improvements.
(b) Exceeding the capacity of existing public services, including, but not limited to: schools,
public safety services, emergency medical services, solid waste collection and disposal,
water and sewer services, other public utilities, and parks and recreational services.
(c) Nuisances or health and safety hazards that could have an adverse effect on adjoining
properties.
(d) Recent changes in land use on adjoining parcels or in the neighborhood of the proposed
Zoning Map amendment.
(J) Amendments to Tower Overlay Zones. In addition to the required findings for zone change as set forth
in Section 11-5-6I, amendments to the Tower Overlay Zones may be allowed subject to the following
findings:
(1) That the requested amendment is consistent with the purposes for Towers and Antennas as set
forth in Section 11-5-2A of this Code.
(2) That as demonstrated by the applicant, that no existing tower, structure, property within an
existing Zone, or alternative technology can accommodate the applicant’s proposed antenna.
Evidence submitted to demonstrate no existing Zone or technology can accommodate the
applicant’s proposed antenna may consist of any of the following:
(a) No existing towers or structures are located within the existing Zones which meet applicant’s
engineering requirements in terms of location, height, or structural strength.
(b) No existing sites are located within the existing Zones which meet engineering location
requirements.
(c) The applicant’s proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the existing towers or
structures would cause interference with the applicant’s proposed antenna.
(d) The fees, costs, or contractual provisions required by an owner in order to share an existing
tower or structure, adapt an existing tower or structure for sharing, or locate a tower or
antenna are unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
(e) An alternative technology that does not require the use of towers or structures, such as a
cable microcell network using multiple low-powered transmitters/receivers attached to a
wireline system, is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology unsuitable.
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11-6-6 REQUIRED IMPROVEMENTS.
(A) Standards.
(1) The Zoning Administrator may specify the manner of installing or constructing all required
improvements necessary to assure compliance with the requirements of this Code.
(2) As determined by the Zoning Administrator improvement drawings and specifications shall be
required in the application for a permit.
(3) The installation of all required improvements shall conform to the City Standard drawings and
Engineering specifications and any other design or construction standards adopted by ordinance.
(4) The applicant shall file improvement drawings and specifications for all required improvements
and shall obtain the approval of the Planning Administrator prior to the commencement of their
construction.
(B) Inspection. The City may inspect all required improvements during construction, and upon a finding
that such improvements are not being constructed in conformity with the specifications set forth in
Section 11-6-6A, the City may order construction to cease and may withhold the issuance of any
Certificate of Occupancy.
(C) Installation of Required Improvement.
(1) All required improvements shall be installed at the applicant's expense.
(2) All requests for phasing required improvements shall be submitted as part of the application for a
permit, and phased installation may be permitted if the phasing was a condition for the issuance
of the permit.
(3) Phasing shall be permitted only upon a specific finding Zoning Administrator that such phasing
will not violate the performance standards set forth in the review of the application and upon the
following additional conditions:
(a) One-half of the required improvements shall be commenced within one year from the date
the permit is issued.
(b) All required improvements shall be completed within three (3) years from the date the
permit is issued.
(D) Completion of Required Improvements. All required improvements shall be completed prior to
occupancy or use of any portion of the property.
(E) Continuous Obligations for Maintenance.
(1) All required improvements not dedicated to the public shall be maintained in a good state of care,
condition and repair at all times. All such required improvements which become functionally
obsolete or worn out shall be replaced with a comparable improvement.
(2) Any applicant or owner of property who fails to maintain any privately owned required
improvement in accordance with the approved plans shall be deemed to be in violation of this
Zoning Code.
(3) The City may enforce against person or entity that fails to complete the required improvements
using the procedure set forth in Section 11-6-7 of this Code.
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11-6-7 ENFORCEMENT.
(A) Continuing Obligation. Maintenance of improvements, conditions of approvals, and requirements
of this code shall be a continuing obligation of the applicant or their successors. Any failure to meet
these obligations shall be deemed a violation of the Code and subject to the penalties set forth in Title
1, Chapter 3 General Penalty Provisions of City Code.
(B) Violation. Any person or entity that violates any provisions of this Code shall be guilty of a
misdemeanor, and upon conviction shall be subject to penalties as set forth in City Code.
(C) Procedures for Enforcement.
(1) A written notice of failure to maintain the required improvements, conditions of approval, or
requirements of this Code shall be served upon all owners of record of the property. The notice
shall be in writing and shall be mailed to the owner(s)'s or address last shown on the records of
the Bonneville County Assessor. Service of the notice shall be deemed to be complete upon its
deposit in the U.S. mail, postage prepaid in the manner set forth above. The notice shall contain
a brief description of the terms of the maintenance plan, conditions of approval or violation of
the Code.
(2) Any person receiving the notice, may, within ten (10) days of the date of service, request a hearing
before the Board of Adjustment, which request shall be delivered to the Zoning Administrator.
Following receipt of the request, the Zoning Administrator shall deliver the request to the Board
of Adjustment which shall hold a hearing within twenty (20) days from that date. At the hearing,
the person may request a reasonable extension of time for curing their failure to comply or
otherwise demonstrate good cause why they should not be required to comply. (Ord. 3210, 8-23-
18)
(3) If compliance is not completed within sixty (60) days after the date the notice of failure to maintain
the public improvements was served, or any extension allowed by the Board of Adjustment, the
owner or owners of the property subject thereto shall be deemed to be in violation of this Zoning
Code, and shall be subject to the penalties set forth in Title 1, Chapter 3 General Penalty
Provisions of City Code.
(D) Nuisance. Any building or structure which has been set up, erected, constructed, altered, enlarged,
converted, moved, remodeled or maintained contrary to the provisions of this Code, and any use of
land or building or premises established, conducted, maintained or operated contrary to the provisions
of this Code are hereby declared to be unlawful and opposed to the orderly development of the
community and shall therefore be considered a public nuisance.
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