City Council

Honorable Mayor and Council Brad Cramer, Community Development Services Director April 6, 2022 April 5, 2022, Planning Commission Action Planning Commission took the following action during the April 5, 2022, meeting. 1. ANNX22-007: Annexation/Initial Zoning. Annexation and Initial zoning of R1, Single Dwelling Residential for 1.446 acres, East 24’ of the W ½ of the NE ¼ of Section 12, Township 1 North, Range 37 East. Generally located north of W 81st Street S, east of S 15th W, south of W 65th S, west of Broyhill Ave. On April 5, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the annexation and initial zoning of R1 to the Mayor and City Council as presented. 2. ANNX22-002: Annexation/Initial Zoning. Annexation and Initial zoning of R2, Mixed Residential for 10.9 acres, S 1/*2 of the SE ¼ of the SE ¼ of Section 31, Township 2 North, Range 38 East. Generally located north of E 49th S, east of S 5th W, south of Castelerock Lane, west of Holmes Avenue. On April 5, 2022, the Planning and Zoning Commission voted to recommend approval of the annexation with an initial zoning of R1, Single Dwelling Residential to the Mayor and City Council with a vote of 2 to 1. 2. ANNX22-003: Annexation/Initial Zoning. Annexation and Initial zoning of R2, Mixed Residential for 5.6 acres, SE ¼ of the NE ¼ of Section 22, Township 2 North, Range 37 East. Generally located north of Pancheri Drive, east of Boxwood Drive, south of Bellin Circle, west of S Bellin Road. On April 5, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the annexation and initial zoning of R2 to the Mayor and City Council as presented. 2. PLAT21-037: Preliminary Plat for Wasatch Apple Subdivision. Part of the NW ¼ of Section 29, Township 2 North, Range 38 East. Generally located between Home Depot and Community Park near Apple Athletic. On April 5, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the amendment as presented 2. PLAT22-006: Final Plat for Fairway Estates Division 26. SE ¼ of Section 31, Township 3 N, Range 38 E. Generally located north of Saddle Rock Lane, east of Cypress Creek, south of W 65th N, west of N 5th E. On April 5, 2022, the Planning Commission recommended to the Mayor and City Council approval of the Final Plat with the completion of the performance bond for the Bridge near Lewisville Highway. 2. PUD21-007: Planned Unit Development for Casseopeia Townhomes. N ½ of the SW ¼ of the SW ¼ of Section 13, Township 2 North, Range 37 East. Generally located north od Lola Street, east of Grace Avenue, south of Cassiopeia Street, west of N Saturn Avenue. On April 5, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the PUD as presented to the Mayor and city Council. RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). Idaho Falls Downtown Development Board Meeting held March 1, 2022 at 9:00am in the Arts Council conference room. Those in attendance: Jake Durtschi, Kevin Cutler, Brandi Newton, Tasha Taylor, Greg Crockett, Kasi Nelson, Antonio Meza, Chip Langerak, Shanon Taylor, Emily Fitzpatrick, Anas Almassrahy, Bud Cranor, Lisa Farris, Councilman Jim Francis, and Ralph Panttaja (owner of the Earl Building). Staff – Mala Lyon and Juan Hernandez Introductions – Bud Cranor is the new Chief of Staff with the Mayor. The city is still looking to find a replacement for Dana who was the Economic Development Administrator. Ralph Panttaja is the new owner of the Earl Building in the 500 block of Park Avenue and looks forward to being involved in the downtown. Minutes of the February 1, 2022 meeting reviewed; Kevin Cutler motioned to accept, Tasha Taylor seconded; board approved. Financial report – Brandi – there is construction going on that is affecting the Broadway parking lot so the revenue is down there; waiting for the new Executive Director to be hired so we can look at money making events and grant opportunities; Antonio asked what has the BID money that was collected last year been spent on? We had all the new planters and sideway work done before. Jake said you must look at the different budgets - we now get $60,000 from the BID and we had 1.5 million that one year to do the sidewalks, new trees, planters and all the rest. Improvement now will be small in comparison. Greg said we can go to the city if we have a need for a project as they hold in reserve some of the BID taxes collected. Was the BID expanded to include Cliff Street? No, there are two classes of BID members those that live in the BID boundaries and pay into the BID are Class A and those that pay a separate BID fee to be included and be Class B members, like the Vogue on Cliff Street. Chip said artwork is still in the plans, but it was a good thing we didn’t do the crosswalk art as it would have all been torn up this summer. Brandi motioned that the financial report be approved; Antonio seconded, and board approved. Tasha reported that there are 3 qualified candidates so far for the Executive Director position, and they hope to do interviews this week. Two are from out of town. Jake – the water main replacement construction will be starting soon at Park Avenue and A Street with the goal of it taking 12 weeks to complete the project. They have promised to maintain access to businesses. If anyone has sidewalk or waterlines that need replacing this would be a good time to get that work done. The State will be redoing Broadway and Yellowstone. We do not have dates on that, but they are to keep one lane of traffic open. Bud suggested we contact Public Works to see if they know a time frame. The new water tower construction will start this summer and be a 2 year project. Jake will be attending meetings to represent the downtown as that moves forward. Elections – we do not have someone nominated for the Vice President position; Steve Fischbach was asked and is thinking about it. Greg request that a copy of the by laws be sent to him to review. Councilman Jim Francis – an edge system was approved so that retail businesses can be along F Street; south of Pancheri behind Candlewood suites development approved; Impact fees that will be paid up front by the developer were approved – these fees will helped pay for a new fire station that will be needed on the south and north sides of town due to growth. These fees will not be assessed for a remodel only new construction. A Greater Idaho Falls Transit (GIFT) person has been hired. Anas – this is a good time to talk about the design and improvements of crosswalks. Chip said he had several meetings with the street department about faded signs and they were replaced. Talked to I.F. Power about lamp poles that were not working, and they have been fixed. Crossing Broadway at night now is you push the crosswalk button, and the lights change right away to stop the traffic. It takes time to get these types of problems in front of the right people so they can be addressed and fixed. Greg said we need to make sure the city traffic engineer is on top of the pedestrian traffic, so it is safe. Lisa – we have $19,000 left for new projects and we will need the IFDDC to make a request for the 2022 funding. Parking committee reminder – the deadline is March 15th for you to talk to the people you were assigned to. Brandi said she had a good discussion with Les Schwab and it brought home the diversity of businesses we have downtown and what their parking needs are. Adjourned at 10:00am The next board meeting will be held April 5, 2022 Respectfully submitted Jill Hansen, secretary and Mala Lyon  PARKS & RECREATION COMMISSION MEETING MARCH 7, 2022 WEB 12:00 Noon Members in Attendance: P. Holm, C. White, R. Nitschke, B. Combo, R. Campbell, J. Radford, R. Foote, T. Hersh, M. Hill, P. Lloyd, D. Pennock Members Not in Attendance: W. Johnson, J. Walker, B. Lee Call to Order – B. Combo B. Combo called the meeting to order at 12:06 pm. Approval of Minutes R. Nitschke moved to approve the February 7th minutes. C. White seconded. All voted in favor. Director’s Report – P. Holm P. Holm reported on the following: Personnel updates: • He invited the Commissioners to the Retirement party for Gaylen Denning and Don Frongner Friday, at the Pinecrest clubhouse. • Kevin Kavran is the new Sage Lakes Golf Pro. Parks Organization Change • An organizational change was made within the Parks Department. A Landscape/Construction Manager Superintendent position was created, and Nate Durtschi was promoted into the position. This promotion of Nate will help with the management of employees and construction job projects, cutting the number of employees who directly report to Superintendent R. Campbell and thus make the division more efficient. Overview of Capital projects • Work continues on the Dehumidification Project at the Aquatic Center. Additional funding is being sought after receiving change orders that put the project over budget. • Duct work, painting and other loose ends of this project are being completed and the project should be completed by May 23rd.  • The Skyline Tennis Court Project went out to bid and is expected to be completed ASAP once the weather becomes favorable for the construction. School District 91 will reimburse the Department for half of the cost of the project. • The Parks and Recreation Department is finalizing the Heritage Park Landscape Plan. Our staff has been working on this project and expect to be able to do a lot of the work internally. • Parks and Recreation staff are preparing the final design for the Sunnyside Park Irrigation System. We will put it out to bid in the next month or so. We are holding the bid for now in case we need to divert funding to the Heritage Park Project. • The Tautphaus Park Tennis Court Overlay Project has been cancelled because the consultant advised that if we do the overlay now, we will need to do it again in another two years. It would be more cost effective if we plan to do an entire rebuild. • Sunnyside Park improvements and the Liberty Park playground addition will be completed this summer. • We received an $84,0000 bid for the forty-two space niche wall at Rosehill Cemetery. The bid will go to the City Council on Thursday, March 10th for approval. • The Funland at the Zoo Restoration Committee continues selling bricks and working to raise funds for the project. The website the community can visit to get further information or purchase a brick is www.funlandatthezoo.com. • We will be seeking approval from the City Council on a lease agreement with Snake River BMX to lease a section of Sandy Downs to run their track. The lease agreement will go to Council the 24th of March. Golf Advisory Committee Report - T. Hersh T. Hersh reported on the following: • The Pro Shops at Sand Creek and Sage Lakes have received a comprehensive remodel. • He is hoping the golf courses will open around the 20th of March if the weather cooperates. The average annual opening day is March 15th for the golf courses with Sage Lakes and Sand Creek being the first to open. • All 18 holes will be available for play when the Pinecrest Golf Course opens as the irrigation project is mostly completed with only minor cleanup remaining. Division Updates Parks – R. Campbell R. Campbell reported on the following: • The parks crews are hard at work with tree trimming and cleanup projects. Zoo – D. Pennock D. Pennock reported on the following: • Opening day for the Idaho Falls Zoo will be April 13th. The Zoo cleanup day will be on April 9th from 9am to 2pm. The Zoo is looking for any volunteers to help with cleanup. • Junior Zoo crew applications are available now for the summer season, and the adult volunteer applications are also available on the website. • The Spring Break camps they are offering in a few weeks are already sold out. Recreation – C. Horsley (absent) Commissioner Reports J. Walker – County Commissioner (absent) School Dist. 91 – Pat Lloyd P. Lloyd reported on the following: • Spring sports were supposed to start the first week of March, but three out of five events have been cancelled due to weather. • They will offer a spring and fall season for their golf program. • Baseball, softball, track, tennis, and golf will be the spring programs the district offers. • Discussion is ongoing regarding the six tennis courts Skyline High School wanted because it gives the school the ability to hold bigger state tournaments. School Dist. 91 – W. Johnson (absent) Shade Tree Committee – M. Hill M. Hill reported on the following: • The Shade Tree Committee is working with City Council on how to handle the future of tree pest infestations, specifically with the emerald ash borer beetle. • The Shade Tree Committee finalized the date for Arbor Day which is scheduled for May 10th beginning at 9 a.m. at Reinhart Park. Alturas High School will send student volunteers to help. • The Horticulture Division is working on a tree protection plan for trees that are growing in locations where construction projects are underway • P. Holm showed the commissioners the new PSA video on tree trimming. This video will be posted on our City of Idaho Falls website and the Parks and Recreation Facebook page, to educate the community on the tree trimming ordinance and how to properly trim trees. Adjournment at 12:40 pm. Next meeting will be held April 4, 2022 Recorded by: Tracy Sessions, Clerk, Parks & Recreation Municipal Services - Appraisal Review  Introduction City of Idaho Falls 8.60 Acres of Land Block 14 & 16, Bel-Aire Estates Bennett/Vernon Avenue Idaho Falls, Bonneville County, Idah Mayor and City Council City of Idaho Falls 308 Constitution Way Idaho Falls, ID 832402 PAlaxeander@idahofalls.gov Effective Date: March 15, 2022 Kelley Real Estate Appraisers, Inc. 520 West 15th Street, Suite 100 Idaho Falls, Idaho 83402 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  Letter of Transmittal March 31, 2022 Mayor and City Council City of Idaho Falls 308 Constitution Way Idaho Falls, ID 83402 RE: Appraisal Report Subject: Bel-Aire Estates Block 14 and 16 Bennett Avenue/Vernon Avenue Idaho Falls, Bonneville County, Idaho Dear Mesdames and Messieurs: As requested, I have made a careful, personal inspection of the above-referenced property. I have also prepared a narrative appraisal report. I have provided you with my market value opinion of the subject property's "fee simple" interest value, based on its highest and best use in its "as is" condition. Market Value is defined as "the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus." Implicit in this definition are various conditions found in the whole Market Value definition outlined in the report. I have prepared this appraisal for you as a representative of Idaho Falls to be used by the city for their internal use. The use of this appraisal by anyone other than the city for this or any other purpose is prohibited. Furthermore, no third-party beneficiary has been anticipated. Therefore, no such party should rely upon the contents nor the opinions of value herein. I have prepared this appraisal report in compliance with the current edition of The Uniform Standards of Professional Practice (USPAP), as set forth by the Appraisal Standards Board of the Appraisal Foundation. In this report, I have considered the three standard methods of valuation. These are the Cost, Sales Comparison and Income Approaches. All of them have been considered. However, only the Sales Comparison has been used. The Cost Approach is not used because the subject property is unimproved development land. The Income Approach is also not used because the land has no income history. ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ Based on my inspection, study, and review of the market, it is my opinion that the subject property has an indicated value, as of March 15, 2022, as follows: 8.60 Acres @ $219,978 per acre = $1,891,810.80 374,616 s.f. of Development Land @ $5.00 per s.f. = $1,891,810.80 CALLED ** $1,892,000.00* ** One Million, Eight-hundred, Ninety-two Thousand Dollars and 00/100 ** Sincerely, Jeffrey L. Kelley, Idaho CGA # 362 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ EXECUTIVE SUMMARY: Owner of Record: The city of Idaho Falls is the recorded owner of the subject property. They have held title to it for more than three years. They reportedly have not sold nor offered to sell it during that time. Location: Along both sides of Bennett and Vernon Avenue, south of Waid Street, in Idaho Falls, Bonneville County, Idaho. Legal Description: A specific legal description was not given to the appraiser. But based on the particular aerial map provided by the city, the subject property is found on Lot 1, 2, and 3 of Block 16 and Lot 1 of Block 17, Bel-Aire Estates to the city of Idaho Falls, Bonneville County, Idaho, according to the recorded plat thereof. Assessed Value & Tax: The property has no assessment or tax because it is owned by the city of Idaho Falls. Land Size: 8.90 Acres or 387,684 s.f. of development land Land Description: The subject property is on both sides of Bennett Avenue as it turns into Vernon Avenue. Waid Street is an east-west connector street tying Alameda Avenue into Vernon Avenue. The land south of Waid on both sides of Vernon is the subject property in this report. Lots 1, 2, and 3 of Block 16 are west of Vernon, and Lot 1 of Block 17 is east of Vernon and south of Waid Street. The subject land is level to undulating. It is infested with lava outcropping throughout it. There are water and sewer services to the property. The sewer may go through the property along the side of Veron and Bennet A natural gas line also runs along the west side of Vernon and Bennett. Vernon and Bennett are not improved with the curb or gutter but are paved at present. Building Description: There are no improvements or buildings on the property. Zoning Designation: According to the City of Idaho Falls, the property is zoned for Park or Open Space use. This zoning is between a single-family zone and an industrial zone. ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ Highest and Best Use: Development of high-density apartments Effective Date: March 15, 2022 Market Value Opinion: $1,892,000.00 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  TABLE OF CONTENTS INTRODUCTION LETTER OF TRANSMITTAL EXECUTIVE SUMMARY TABLE OF CONTENTS.................................................................................................................1 CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS...................................2-3 QUALIFICATION OF THE APPRAISER......................................................................................4 CERTIFICATION OF LICENSURE...............................................................................................5 STATEMENT OF ASSUMPTION AND LIMITING CONDITIONS...........................................6 SCOPE OF THE APPRAISAL........................................................................................................6 APPROACHES TO VALUE...........................................................................................................7 EXPOSURE TIME..........................................................................................................................8 INTENDED USER AND INTENDED USE....................................................................................8 DEFINITION OF TERMS USED IN THIS APPRAISAL.............................................................9 FACTUAL DATA AREA DATA ...........................................................................................................................10-12 NEIGHBORHOOD DATA ...........................................................................................................13 ESTATE TO BE APPRAISED......................................................................................................14 EFFECTIVE DATE OF THE APPRAISAL..................................................................................14 LEGAL DESCRIPTION................................................................................................................14 ASSESSED VALUE......................................................................................................................14 PROPERTY DESCRIPTION...................................................................................................15-17 OWNERSHIP HISTORY..............................................................................................................17 CITY ZONING DESIGNATION..................................................................................................17 FLOOD PLAIN DESIGNATION..................................................................................................17 DATA ANALYSIS & CONCLUSION ANALYSIS OF HIGHEST AND BEST USE..........................................................................18-19 SALES COMPARISON APPROACH.....................................................................................26-29 ADDENDUM................................................................................................................................34 • Location Map • Aerial Property Plat Map • Zoning Map • Photographs 1 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS: The appraiser certifies that to the best of his knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are the personal, unbiased professional analysis, opinions, and conclusions of the appraiser. 3. The Appraiser has no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. The Appraiser has no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction of value that favors the cause of the client, the amount of the value, the attainment of a stipulated result, the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Appraisal Foundation's Uniform Standards of Professional Appraisal Practice. 8. I personally inspected the subject property. I made a complete and thorough inspection of the land and its improvements. 9. No one provided significant real property appraisal assistance to the person signing this certification. 10. All conclusions and opinions concerning the real estate that are set forth in this letter were prepared by the appraiser (s), whose signature appears on this report. No change of any item in this report shall be made by anyone other than the appraiser, and the appraiser shall have no responsibility for any such unauthorized change. 11. Our firm has not performed an appraisal assignment on this property in the past three years. This information was conveyed to the client before accepting this appraisal assignment. CONTINGENT AND LIMITING CONDITIONS: The certification appearing in this report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the appraiser. 1. The Appraiser assumes no responsibility for matters of a legal nature affecting the property or the title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is considered to be under responsible ownership. 2. Any sketch or plat map attached may show approximate dimensions and is included to assist the reader in visualizing the property. The appraiser has not made a survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the inspection with reference to the property in question unless arrangements have been previously made thereto. 4. Any distribution of the valuation in this report between land and improvement applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 2 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  5. The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or for engineering, which might be required to discover such factors. 6. Information, estimates, and opinions furnished to me and contained in this report were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for the accuracy of such items furnished can be assumed. 7.The description of the property herein is stated for the purpose of arriving at an opinion of value. It should not be used for any other purpose, such as a description for a prospectus or for describing the property for sale. All parts of this appraisal should only be construed as applying to the opinion of value herein and should not be used separately for specific information. 8. Disclosure of the contents of this report is restricted to the intended users of the report. No other individual is authorized by the appraiser to use this report. 9. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not a qualified environmental auditor who has the skill to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. Any latent environmental problem within or underneath the property may also affect its value. The value estimate herein is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field if desired. Jeffrey L. Kelley, C.G.A. Idaho State General Certified Appraiser, #CGA-362 3 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  QUALIFICATIONS OF THE APPRAISER Jeffrey L. Kelley Idaho State General Certified Appraiser, #362 Education: Juris Doctorate - Whittier College School of Law, Los Angeles, CA Bachelor of Science - Brigham Young University, Provo Utah Major: Finance Minor: Economics Background: General Certified Appraiser, Idaho #CGA - Kelley RE Appraisers since 2000; Assisting Appraiser - Kelley Real Estate Appraisers, LLC. - July 1994 Practicing Attorney - State of California, June 1991 - July 1994; Members of the Idaho State Bar - April 1995; Member of the Utah State Bar - May 1994; Member of the California State Bar - June 1991; Member of the Shelley City Council - January 2012 Member of the Bingham County Economic Development Council, January 2012 Managing Partner of Community Pioneer Publications – Nov. 2000 - Special Training: Institute Appraisal Course 120, 310, 320, 510 and 520 Standard and Ethics Courses — App. Inst. Course 420 A & B Advanced Condemnation Appraisal Courses App. Inst. Courses 710 & 720 ASFMRA Conservation Easement Seminars Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) ASFMRA Standards and Ethics Course Timber and Mineral Rights Seminar 1031 Exchange Seminar, ASFMRA Adv. Sales & Cost Analysis Seminar Experience: - Commercial Properties: Retail, Industrial, Professional Office & Apartment Complexes; - Agricultural Properties: Farmland, Ranches and Range Land; - Recreational Properties: Conservation (Before & After) Easements, Fee Ownerships, Estate Tax Appraisals; - Condemnation Appraisals: Various ITD Projects around eastern Idaho as well as local municipality condemnation appraisal including the City of Blackfoot, Rexburg, Pocatello and Fremont County. - Specialized Appraisals: Conservation Easements, Development and Mineral Right Extractions, Schools, Gravel Pits, Railroad Right-of-Ways and Potato Fresh Pack and Processing Facilities - Client Base: Major Lending Institutions, Idaho Transportation Department, Bureau of Land Management, Idaho Department of Parks & Recreation, Bureau of Rec., Army Corp of Eng. City of Pocatello, City of Idaho Falls, The Nature Conservancy, Attorneys, Accountants, General Service Administration, Small Business Administration, Farm Service Agency, LDS. Church & other governmental and private entities. 4 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  5 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The opinions of value herein are subject to the following extraordinary assumptions and limiting conditions: • The property has lava flow scattered throughout it. This situation has been taken into consideration in deriving its value opinion. Ax • An extraordinary assumption is made that the subject property does not contain any latent environmental problems that will affect its value. The appraiser found no obvious environmental concerns while inspecting the property. However, the appraiser is not a qualified environmental auditor. SCOPE OF THE APPRAISAL: The client requested a market value opinion based on the property's fee interest. This appraisal considers the highest and best use of the property in its "as is" condition. As stated in this report, the definition of market value is derived from FIRREA Title XI. It is set forth below in this report's "Definitions Used in the Appraisal" section. The definition of "fee simple" interest is also defined below. The Sales Comparison Approach is used exclusively to establish a market value opinion. Four sales from the market are used to make this adjustment. These sales are located around the city of Idaho Falls. The Cost and Income Approaches were not used because the property is not improved, nor does it have an income history. The Sales Comparison Approach analysis and the reporting of this appraisal were completed according to the Uniform Standards of the Professional Appraisal Practice (USPAP) as set forth by the Appraisal Standards Board. The sales herein have been discovered and confirmed by the undersigned appraiser. As part of the appraisal process, the property was inspected. The sales were also inspected as well. 6 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ APPROACHES TO VALUE: The three approaches to value considered in arriving at an estimate of the value of Real Estate are called Cost, Sales Comparison, and Income Approaches. Cost Approach In the Cost Approach, a value is estimated by computing the current replacement cost of the improvements and applying an appropriate depreciation rate to arrive at a depreciated value of the improvements. This depreciation rate is concluded either from comparing sales for similar types of properties to their replacement cost, or from the various accepted Age-Life methods, or both. The depreciated value is then added to the land value, found by comparison in the market, to arrive at a market value opinion. This approach is based on the assumption that the replacement cost is the upper limit of value. This approach is best used when the improvements are new or near new and are proper improvements for the property. As improvements increase in age and depreciation accumulates, the validity of this approach lessens. Sales Comparison Approach The Sales Comparison Approach application produces an estimate of value by comparing the subject with similar properties of the same type and class that have sold or are currently offered for sale in the same or complementary areas. The sale prices of properties deemed most comparable set the range in which the subject property's value will fall. When properly applied, this approach generally allows for both depreciation and appreciation in value. This method is the most relevant consideration of value for the acquisition of property by a public entity. Income Approach The Income Approach is a process of developing the net rental income from a property into an indication of value. This is accomplished by analyzing the relationship between net rental revenues from similar properties to their selling prices in the market. The relationship between this net income and the selling price is called a capitalization rate. The net income is divided by the capitalization rate to show value. 7 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ EXPOSURE TIME: The subject property would have an exposure time of six months to one year to sell at the market value opinion. Exposure time is a fictional period that precedes the effective date of this appraisal. The amount of time required for a specific property to be exposed to the market before it sells. The appraiser used the marketing time of the sales in this appraisal to define the exposure of the subject property. INTENDED USER AND INTENDED USE: The Mayor and Council of Idaho Falls are this appraisal report's clients and sole intended users. The intended use of this appraisal report is to establish a market value opinion for a possible sale of the property. This report is not authorized for any other intended user(s) or use. No third- party beneficiaries were disclosed to the appraiser. Therefore, such party(s) shall not rely on this report's content or value opinion. 8 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ DEFINITION OF TERMS USED IN THIS APPRAISAL: • Market Value: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as a specified date and the passing of title from seller to buyer under conditions whereby: (a) Buyer and seller are typically motivated; (b) Both parties are well informed or well advised and both acting in what they consider their own best interest; (c) A reasonable time is allowed for exposure in the open market; (d) Payment is made in terms of cash in U.S. dollars or terms of financial arrangements comparable to it; and (e) The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (12 CFR Part 34 (FIRREA)) • Highest and Best Use: The most profitable and likely use, within the realm of reasonable probability, to which a property can legally be put or adapted that is financially feasible and for which there is a current market. • Improvements: Buildings or other relatively permanent structures or developments located on or attached to the land. • Extraordinary Assumption: An assumption is directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions. 9 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  FACTUAL DATA AREA DATA: The subject property is in the middle of Idaho Falls, east of the Pine Crest Municipal Golf Course along both sides of Veron Avenue, in the Bel-Aire Addition to the city of Idaho Falls. Idaho Falls is situated in the middle of Bonneville County, Idaho Bonneville County: Bonneville County is in the middle of the Snake River Valley in Eastern Idaho. It had an estimated population of 119,062 persons in 2019. Its drawing area is approximately 350,000 persons, comprising those in Wyoming's Upper Snake River Valley, Lost River Valley, and Teton Basin. Idaho Falls is the county seat of Bonneville County. Idaho Falls: Idaho Falls is a large, rural community in the Snake River Valley. Its population is estimated at 61,459 persons in 2019. The City of Ammon, adjacent to Idaho Falls, had an estimated 15,859 persons in 2019. Ammon was once the fastest-growing city in Idaho. The Idaho Falls Metropolitan Statical Area, defined by the United States Census Bureau, is an area consisting of two counties and is anchored by the city of Idaho Falls. As of the 2010 Census, it had a population of 130,374 persons. It has substantially grown since then. Idaho Falls is the central business, a commercial and medical hub for eastern Idaho and western Wyoming. It features a large regional mall, regional hospitals, and a regional airport. It also has many national-chain department stores. It has a drawing area of approximately 350,000 persons. Most people are drawn to the area for its shopping and medical services. Idaho Falls has many hotel and motel accommodations, restaurants, and theaters. It is also a tourist stop for summer vacationers traveling to and from Yellowstone National Park. Sources of Income: The principal sources of income for Idaho Falls and its trading area are agriculture, livestock feeding, food processing, nuclear and environmental research, and recreational travel. The Idaho National Laboratory (INL) and its operating contractors are the largest single employers. The INL's headquarters is in Idaho Falls, and its operational facilities are in the desert west of the community. Battelle Energy Alliance, LLC (BEA) is the lead contractor of management and operational responsibility for the Idaho National Laboratory. Its mission is to transform the facility into a "preeminent" nuclear energy laboratory. One of the laboratory's primary tasks is to develop a system that uses nuclear energy to produce hydrogen as a transportation fuel to reduce the nation's dependence on imported fossil fuels. The INL and its contractors employ 7,000 to 8,000 people. The Idaho National Lab recently constructed an education campus at its main headquarters in the city. This campus helps train nuclear scientists and further research in the nuclear field. 10 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ The INL is the largest employer in the area. Other significant employers include the Idaho Falls School District with 1,700 employees; Columbia Eastern Idaho Medical Center with 1,311 employees; and Melaleuca, Inc., a personal healthcare products company with more than 1,300 employees. Recently, Melaleuca moved into a new headquarters facility southwest of the city, along Interstate 15, in Bonneville County. Other forms of industries in the community include agricultural processing, farming, and manufacturing. Manufacturing varies from concrete blocks to technical equipment in the nuclear field. Two extensive malt barley facilities operated by Anheuser-Busch and G-Modelo (Corona Beer) are on the city's south side. These plants produce malt for beer production, which is shipped by rail to California and Mexico. Accessibility: The area is served by Interstate 15, U.S. Highway 91-191, 20, and 26, passing through the city. Several commuter airlines also serve the community with daily jet and turbo flights to and from Salt Lake City, Utah, Minneapolis, Minnesota, and Denver, Colorado. The airport also has direct weekly flights to Los Angeles, California, Las Vegas, Nevada, and Phoenix, Arizona, through Allegiant Air. Other forms of transportation to the city include one (1) major and several regional bus lines and the Union Pacific Railroad. Several truck lines and the railroad handle freight. Federal Express, United Parcel Service, and Airborne provide delivery services throughout the area. City Facilities: Parks and recreational facilities include a zoo and three (3) 18 hole golf courses, all found within the city. There are numerous parks and athletic fields located throughout the city. There are three hospitals in the city. East Idaho Regional Medical Center (EIRMC), Mountain View Hospital, and Idaho Falls Community Hospital (IFHC) are in the city's southeastern section. All three hospitals are south of the Grand Teton Mall. EIRMC is at the northwest corner of Sunnyside Road and Channing Way. The other two hospitals are north of Coronado and east of Channing Way. These regional medical centers for the upper Snake River Valley, Teton Valley, and western Wyoming communities. EIRMC is a full-scale maternity ward, heart team, cancer research center, and air rescue helicopter. Many churches representing nearly all significant denominations are in the area. The predominant religion is the LDS (Mormon) Church. There are many service clubs with the Air Force, Army, and Navy Reserve units. Two (2) school districts (91 and 93) provide elementary and secondary education. These districts consist of multiple elementary schools, several junior highs, and five schools. Higher education can be found at Eastern Idaho Community College. This facility is a new community college offering associate degrees in various collegiate and trade degrees. University Place is a facility near Freeman Park in the northwestern part of Idaho Falls. It provides undergraduate and graduate courses from the University of Idaho, Idaho State 11 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ University, and BYU-Idaho (Rexburg's main campus). These courses include general education and advanced degree courses. This facility has grown substantially in recent years, with many graduate students attending classes at the campus. Recreational Facilities: Idaho Falls has direct access to many major outdoor recreational facilities. It is approximately 110 miles from Jackson, Wyoming, 120 miles from West Yellowstone, Montana, Yellowstone National Park, and 140 miles from Sun Valley. Idaho Falls is also found approximately 220 miles north of Salt Lake City, Utah, the most significant metropolitan center. Travel time to Idaho Falls from Salt Lake City by automobile is four (4) hours. Flight time is approximately 28 minutes by jet. Climate: Idaho Falls has an elevation of 4,707 feet above sea level. The average daily temperature in the summer is 81.4o, with a minimum daily average of 65.3o. In the winter, the daily average daily temperature is 32.5o, with a minimum standard of 13o. There are 115 frost-free days in the growing season, making the area ideal for raising potatoes, small grains, and forage crops. 12 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ NEIGHBORHOOD DATA: The subject property is found along the secondary streets of Bennett and Vernon Avenue, in the northern section of Bel-Aire=Estates, east of the Pine Crest Golf Course, in Idaho Falls. Bennett Avenue runs south of Anderson Street through light industrial development to Waid Street, which turns into Vernon Avenue. Vernon Avenue bisects the northern portion of Bel-Aire Estates, an early 1950's residential development of tiny homes constructed after World War II. The subject area is level to undulating. Subsurface lava infests the location making it difficult to develop. As a result, a portion of Bennett and Vernon is not improved with a curb, gutter, or street surface. Waid Street is also not improved The subject area has access to city water and sewer services. It appears the sewer may run parallel to Vernon and Bennett. Natural gas is also installed along Vernon and Barrett. Overhead electrical power and telephone service are also found in this area. The subject property is in a transition zone between single-family residential development and light industrial development. Pine Crest Golf Course borders it on the west. The Idaho Irrigation Canal borders it on the east. Currently, the area is zoned for Park and open space use. However, it likely would be zoned to medium or high-density residential development as a buffer between single-family residential and light industrial use. There is high demand for multi-residential development in the Idaho Falls area. Such land value has outpaced commercial development land. Currently, such unimproved land is running between $4.80 and $5.25 per s.f. . 13 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ PROPERTY DATA: Estate to Be Appraised: The estate to be appraised is the "fee simple title" of the subject property based on its "as is" condition. The term "fee simple" suggests that any other interests do not encumber this property but are only subject to easements, recorded right-of-ways, and the four (4) powers of government — Eminent domain, Escheat, Taxation, and Police power. Effective Date of the Appraisal: The effective date of this appraisal report is March 15, 2022. The appraiser inspected the property on this date. The photographs herein were taken then. Legal Description: The subject's legal description is as follows: Lots 1, 2, 3, of Block 16 and Lot 1 of Block 17 of the Bel-Aire Estates to the city of Idaho Falls, Bonneville County, State of Idaho, according to the recorded plat thereof. Assessed Value and Tax: The property has no value assessment or tax as it is owned by the city of Idaho Falls, which is not a taxed entity. : 14 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ PROPERTY DESCRIPTION: Location: The subject property is found along both sides of Bennett and Vernon Avenue and south of Waid Street, in the northern section of Bel-Aire Estates, which is east of the Pine Crest Golf Course, in Idaho Falls Idaho. Size and Shape: The land consists of 7.20 acres of ground west of Bennett and Vernon Avenue and 1.40- acres of land lying south of Waid Street and east of Vernon Avenue. Both are block sections of ground. (See Plat Map and Photographs.) Topography: The property's topography is level to undulating. It is on grade with the land surrounding it. However, a substratum of lava runs through the area, making it challenging to install infrastructures, such as water, sewer, or footings. According to the appraiser, this lava infestation has not been delineated. Access and Frontage: Bennett Avenue and Vernon Avenue provide direct access to the subject property, as does Waid Street. Bennett and Vernon Avenue are paved. Waid Street is unimproved. City Utilities: Water and sewer are at the property's edge to the south underneath Vernon Avenue. It appears the sewer may run along Vernon and Bennett Avenue. Natural gas runs along this section of the street. Overhead electrical power and telephone are found in the area. Easements: There appears to be no apparent easement or encumbrances on the property. Improvements: There are no improvements on the subject land. OWNERSHIP HISTORY: The city of Idaho Falls is the recorded owner of the subject property. They have held title to it for more than three years. They reportedly have not sold nor offered to sell it during that time. CITY ZONING: According to the City of Idaho Falls, the subject property is currently zoned for Parks and Open Space use, as is the Pine Crest Golf Course to the west. However, this zoning could easily be changed to an R-2 or R-3 zoning. It would be a buffer between single-family residential (Bel- Aire Estates and light industrial land (the land along Anderson). 15 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  DATA ANALYSIS & CONCLUSION ANALYSIS OF HIGHEST AND BEST USE: The subject property's highest and best use is determined to establish a value for it. The property is analyzed as unimproved land using various elements that indicate its highest and most profitable use. Four (4) use criteria or factors are used to determine the highest and best use. These factors are as follows: (1) Legally Permissible; (2) Physically Possible; (3) Financially Feasible; (4) Maximally Productive. Legally Permissible: The subject property is currently zoned for Park or Open space use. However, this zoning would likely be changed to R-2 or R-3 use because the property is between single-family residential land and industrial land. Therefore, a more densely residential zoned land barrier would be acceptable as a buffer zone. Physically Possible: The subject property consists of 8.60 acres of land, of which 7.20 acres are found west of Vernon and 1.40 acres are found east of it and south of Waid Street. These tracts are large enough to accommodate several large multi-tenant buildings. They would provide an excellent location for apartments off of a major thoroughfare along a quiet secondary street. Financially Feasible: This land is financially feasible for such use. Although the lava may be costly to maneuver, current technics have made it less expensive to traverse. The demand for multi-unit housing is high, and the subject location is a perfect site for such development. The value of new housing outweighs the cost of removing lava. Maximally Productive: The subject property is in the city of Idaho Falls. It is found off of Anderson along a quiet secondary street. It is near a golf course, which gives it additional tranquility. Therefore, the highest and best use of the property, in its unimproved condition, is multi-residential use. 16 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  VALUATION OF THE PROPERTY The Sales Comparison Approach is used exclusively to establish a value opinion for the subject property. In this approach, the market is investigated for land sales similar to the subject property's likeness and quality. Four sales have been used to establish a value for the subject property. These sales range in size from 0.82 to 60.01 acres. They all have the potential for some type of residential development, particularly multi-unit residential development. Using the Sales Comparison Approach, each sale is mathematically adjusted either upward or downward. The mathematical adjustment is made to reconcile any difference in the sale and the subject property. Paired sales are used to make these adjustments. The final adjusted price on each sale indicates a value for the subject property. The following is a location map of these sales, followed by a sales list on the following page. 17 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  18 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  LIST OF LAND SALES Elements Sale 1 Sale 2 Sale 3 Sale 4 Buyer: Geocapitus Inv. Liberty Square, ID Max Mora WPP Apple Land Sale Date: Dec-20 Oct-19 Feb-17 Aug-21 Sale Price: $916,197 $375,000 $160,000 $13,500,000 Total Acres: 5.13 2.01 0.82 60.01 Price Per Acre: $178,596 $186,753 $195,122 $224,974 Total S.F.: 223,463 87,468 35,719 2,613,905 Price Per S.F.: $4.10 $4.29 $4.48 $5.16 Highest and Best Use: Apartments Apartments Apartments Apartments Improvements: None None None None SE Corner S. Ammon 264-286 N Woodruff Jennie Lee, 25th & Location: Jennie Lee & Brookfield, Ammon Ave. Holmes Avenue City Water & Sewer, City Electrical, Water City Electrical, Water City Electrical, Water Electrical power, Utilities: & Sewer, Telephone, & Sewer, Telephone, & Sewer, Telephone, Telephone, & Natural & Natural Gas & Natural Gas & Natural Gas Gas Jennie Lee, 25th & Accessibility: Jennie Lee Ammon & Brookfield Woodruff Holmes Avenue Zoning: R-3 R3A R-3 Various Land Sale #1 is the December 2020 sale of land sold for $916,197 or $4.10 per s.f. It is on the east side of Jennie Lee Drive, behind Les Swabb on 17th Street. It is a 5.13-acre tract of land that is zoned for R-3 use. It sold for apartment development. Each sale is relatively similar to the subject property. For example, Sale #1 is adjusted downward by only $0.10 or approximately $91,000 for its lack of lava. It is assumed that the cost of lava removal on the subject would be roughly $91,000 or $0.10 compared with this sale. It is pretty challenging to access the amount of lava that will need to be removed without a delineation. However, most tracts along Utah Avenue and in the Fremont area of the city, north of U.S. Highway 20, required approximately $100,000 per site of lava removal to install water and sewer lines. A similar reduction in value is made for Sales #2 and 3. However, in Sale #4, a decrease of $1,350,000 is required. This sale is a large tract of land with significant infrastructure, large sewage and water lines, and other infrastructure that will require more cost for lava removal than found on a smaller site. Based on the above, the subject property has an indicated value as follows: 19 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  Land Sales Adjustment Table Element Subject Sale 1 Sale 2 Sale 3 Sale 3 Sale Price: - $916,197 $375,000 $160,000 $13,500,000 Land Size (s.f.): 374,616 223,463 87,468 35,719 2,613,905 Price Per S.F.: - $4.10 $4.29 $4.48 $5.16 Property Rights: N/A Fee Simple Fee Simple Fee Simple Fee Simple Adjusted Price: - 0 0 0 0 Financing Terms: N/A Cash Equiv. Cash Cash Cash Adj. for Financing: - 0 0 0 0 Condition of Sale: N/A Arm's Length Arm's Length Arm's Length Arm's Length Adj. for Condition: - 0 0 0 0 Market Conditions: N/A Dec-20 Oct-19 Feb-17 Aug-21 Adj. for Market Cond.: - 25% 25% 25% 0% Total Adjustment: - $5.12 $5.36 $5.60 $5.16 Other Adjustments: SE Corner S. 1800-1900 Jennie 264-286 N Woodruff Jennie Lee, 25th & Location: Bennett & Vernon Ammon & Lee, Idaho Falls Ave. Holmes Avenue Brookfield, Ammon Location Adjustment: - 0 0 0 0 223,000 s.f. 156,000 s.f. 87,468 s.f. 2,613,905 & Size & Shape: 374,616, Block Shaped Rectangular Rectangular Rectangular Rectangular Size & Shape - 0 0 0 0 Adjustment: SE Corner S. Ammon Ammon Road and Jennie Lee, 25th & Access & Frontage: Bennett & Vernon Jennie Lee & Brookfield, Brookfield Holmes Avenue Ammon Access & Front Adjust.: - 0 0 0 0 City Electrical, City Water & Sewer, City Electrical, City Electrical, Water Electrical, Water & Water & Sewer, Electrical power, Water & Sewer, Community Services & Sewer, Telephone, & Sewer, Telephone, Telephone, & Telephone, & Natural Telephonee & Natural Gas & Natural Gas Natural Gas Gas Natural Gas Community Services Adj.: - 0 0 0 0 Single Family Utility of Land: Apartment Dev. Apartment Dev. Apartment Dev. Apartment Dev. Apartment Dev. Utility Adjustment: - -0.10 -0.24 -0.56 -0.10 Total Adjustments: - -$0.10 -$0.24 -$0.56 -$0.10 % of Adjustment: - -2% -4% -10% -2% Total Net Adjustment: - $5.02 $5.12 $5.04 $5.06 The sales indicate a value between $5.02 and $5.12 per s.f. A value of $5.05 per s.f. or $216,800 per acre has been applied to the subject. Sale #1 appears to be the most similar and requires the least amount of adjustment. Therefore, the subject property has an indicated value as follows: 8.60 Acres @ $219,978 per acre = $1,891,810.80 374,616 s.f. of Development Land @ $5.00 per s.f. = $1,891,810.80 CALLED ** $1,892,000.00* ** One Million, Eight-hundred, Ninety-two Thousand Dollars and 00/100 ** 20 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖  Addendum • Location Map • Aerial Plat Map • Zoning Map • Photographs 21 ❖ KELLEY REAL ESTATE APPRAISERS, INC. ❖ Zoning Map 1. Looking south along Bennett Avenue at the subject property. 2. Looking south at Lot 1, Block 14. 3. Looking east at Waid Street. 4. Looking west across Block 16. 5. Looking east across Lot 1, Block 14. 6. Looking north from Vernon Avenue at the subject property.  KELLEY REAL ESTATE APPRAISERS, INC. 174 East Center Street Shelley, Idaho 83274 (208) 529-5058 Invoice DATE INVOICE NO. BILL TO City of Idaho Falls 03/08/2022 03-22-05 308 Constitution Way Idaho Falls, ID 83402 DESCRIPTION Appraisal Report TERMS Subject: Bel-Aire Estates Block 14 and 16 Bennett Avenue/Vernon Avenue Due on receipt Idaho Falls, Bonneville County, Idaho AMOUNT 2,500.00 Thank you for your business. Your prompt payment from this invoice will be greatly appreciated. Total $2,500.00 Community Development Services- Accessory Dwelling Units  ORDINANCE NO. AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING CITY ZONING CODE SECTIONS 11-2-6, 11-3-4, AND TABLES 11-2-1, 11-3-3 TO CLARIFY REQUIREMENTS REGARDING ACCESSORY DWELLING UNITS; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City adopted April 12, 2018, edition of the Comprehensive Zoning Code which promotes the health, safety, peace, convenience, and general welfare of the inhabitants of the City by implementing the goals and policies of the City’s Comprehensive Plan; and WHEREAS, the City desires the standards of the Zoning Code to be consistent and clear; and WHEREAS, upon review of the Zoning Code, City Planning Division staff has determined there are updates needed to improve the consistency and clarity of the Code’s standards pertaining to Accessory Dwelling Units; and WHEREAS, the Council recognizes the desire for accessory dwelling units in all residential zones; and WHEREAS, accessory dwelling units are permitted in all zones as are minor changes to reduce barriers to construct these units; and WHEREAS, Idaho Falls Planning and Zoning Commission held a duly noticed public hearing on February 15, 2022, and recommended approval of the code changes to the mentioned sections and tables pertaining to Accessory Dwelling Units; and WHEREAS, on March 31, 2022, the Council conducted a duly noticed public hearing and passed a motion to approve the recommended changes on the first reading; and WHEREAS, on April 14, 2022, the Council passed a motion to approve the revised recommended changes; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, AS FOLLOWS: SECTION 1. Table 11-2-1, of the City Code shall be amended to read as follows: … ZONING ORDINANCE - TITLE 11 ACCESSORY DWELLING UNIT Page 1 of 7 Table 11-2-1: Allowed Uses in Residential Zones P = permitted use. C1 = administrative conditional use. C2 = Planning Commission conditional use. C3 = City Council conditional use. A blank denotes a use that is not allowed in that zone. *Indicates uses that are subject to specific land use provisions set forth in the Standards for Allowed Land Uses Section of this Chapter. Low Medium High Density Density Density Residenti Residentia Residenti al l al Proposed Land Use RE RP R1 R2 TN RM R3 R3 Classification H A Accessory Use P P P P P P P P Agriculture* P Animal Care Clinic P* P Artist Studio P* Bed and Breakfast* P Boarding /Rooming House P P Day Care, Center* C2 P P P P Day Care, Group* C1 C1 P P C1 P P Day Care, Home C1 C1 P P C1 P P Dwelling, Accessory Unit* P P P P P P P P Dwelling, Multi-Unit* P* P P P Dwelling, Multi-Unit P P P P Attached* Dwelling, Single Unit P P P P P P Attached* Dwelling, Single Unit P P P P P P P P Detached Dwelling, Two Unit P P P P Eating Establishment, Limited P* P Financial Institutions P* P Food Processing, Small Scale P* Food Store P* Fuel Station P* Health Care and Social P* P Services Home Occupation* C1 C1 C1 C C1 C1 C1 1 ZONING ORDINANCE - TITLE 11 ACCESSORY DWELLING UNIT Page 2 of 7  Information Technology P Laundry and Dry Cleaning P* P Live-Work* C P 1 Manufactured Home* P P P P P P P P Mobile Home Park* C2 C2 Mortuary P Park and Recreation Facility* P P P P P P P P Parking Facility P Personal Service P* P Planned Unit Development* C3 C3 C3 C3 C3 C3 C3 Professional Service P Public Service Facility* C2 C2 C2 C2 C C2 C2 C2 2 Public Service Facility, P P P P P P P P Limited Public Service Use P … SECTION 2. Section 11-2-6 of the City Code shall be amended to read as follows: … 11-2-6: STANDARD FOR ALLOWED LAND USES … (N) Dwelling, Accessory Unit. (1) The accessory dwelling unit may be configured as follows: (a) As an integral portion of a principal dwelling unit on any floor or basement; or (b) As an attached structure to the principal dwelling unit; or (c) As a separate structure; or (d) As a caretaker’s residence, when accessory and incidental to a permitted use and constructed as an integral portion of any floor of a structure in an Industrial or Commercial Zone. (2) The accessory dwelling unit shall comply with the following dimensional and design requirements, except for those units that fall under 11-2-6(N)(1)(d): (Ord. 3218, 9-13- 18) (a) The maximum size of the accessory dwelling is seven hundred and fifty (750) sq. ft., and not more than one (1) bedroom. (b) The structure that contains an accessory dwelling shall meet all required dimensional standards for the zone, with the following exceptions: (i) A detached accessory dwelling shall have the same side yard ZONING ORDINANCE - TITLE 11 ACCESSORY DWELLING UNIT Page 3 of 7  requirement as a primary structure, as required by the zone in which the accessory dwelling is located. (ii) A detached accessory dwelling shall have a minimum setback from the rear property line of ten feet (10’), except when adjacent to a public or private alley that is at least sixteen feet (16’) wide. If adjacent to a public or private alley, the detached accessory dwelling shall comply with Table 11-3-3 (3). (c) A detached accessory dwelling that is more than twelve feet (12’) in height shall comply with Table 11-3-3 (1). (d) The accessory dwelling structure shall be well-matched in height, bulk, and site location with the adjoining neighborhood. (e) As an attached structure the accessory dwelling unit shall be designed together with the principal dwelling in such a way as to resemble that of a single-unit dwelling. (f) As an attached or separate structure the accessory dwelling unit shall be designed with the same architectural design, style and appearance of the principal dwelling unit. (g) If included as part of the primary structure, only one (1) entrance to the primary structuremay be located on the front building elevation except for structures where multiple entrances already exist. If multiple entrances exist then the accessory dwelling may utilize an existing entrance on the front building elevation. (h) The accessory dwelling unit shall have a separate entrance from the primary dwelling, meet the building code requirements for a separate unit, and be functionally separate from the primary dwelling. (i) Recreational vehicles shall be prohibited for use as an accessory dwelling unit. (3) One (1) parking space shall be required on the lot where for the accessory dwelling is located in addition to the existing minimum parking requirement for the principal dwelling unit. A driveway apron may be used for this requirement. Conversion of a garage into an accessory unit is not permitted unless required parking can be provided elsewhere on the lot. (4) The property owner shall occupy either the principal dwelling unit or the accessory dwelling unit as their primary residence, except for units accessory to nonresidential uses. This requirement shall be enforced through recordation of a deed restriction with the Bonneville County Recorder.(Ord. 3218, 9-13-18) (5) Only one (1) accessory dwelling unit shall be permitted on a lot of a principal dwelling unit. Accessory dwelling units shall not be counted in density calculations. (6) The accessory dwelling unit shall not be sold separately or converted to any form of legal ownership different from the principal dwelling unit. … ZONING ORDINANCE - TITLE 11 ACCESSORY DWELLING UNIT Page 4 of 7 SECTION 3. Section 11-3-4(C) and Table 11-3-3 of the City Code shall be amended to read as follows: … 11-3-4: DIMENSIONAL STANDARDS FOR RESIDENTIAL ZONES. … (C) Maximum Lot Coverage, Building Height, and Density. (1) Public use, public service facility, school and religious institutions may be erected to any height, provided the building is set back from the required building setback lines at least one foot (1’) for each additional foot of building height above the maximum height permitted in the Zone. (2) In the RE, RP, R1, R2, TN and RMH Zones lot coverage for single unit residential uses shall only include those areas under roofs. (3) For multi-unit or commercial uses lot coverage shall include all areas under roofs and paved surfaces, including driveways, walks, and parking areas. The remaining lot area shall be landscaped as required by this Code. (4) When a multi-unit dwelling or commercial use is developed on a property that adjoins a propertyzoned RE, RP, R1, R2, TN, or unincorporated land designated for Low Density Residential in the City’s Comprehensive Plan and the height of the building is over twenty-four feet (24’), every one foot (1’) of additional building height requires and additional one foot (1’) in setback. (Ord.3310, 6-18-20) … Table 11-3-3: Dimensional Standards for Accessory Structures in Residential Zones RE RP R1 R2 TN R3 R3A RM H Setbacks – Minimum in ft. Front 40 30 25 20 15 15 15 25 Side 20 0/7.5 0/6* 0/6* 0/5* 0/6 0/6* 0/10* * * Rear 40* 0* 0* 0* 0* 0* 0* 0* Building height- 12/2 12/2 12/2 12/2 12/24 Maximum in ft. 4* 4* 4* 4* * Lot coverage of the 30 30 30 30 30 30 rear yard, maximum % *See explanations, exceptions and qualifications that follow in Section 11-3-4D (1-5) of this Zoning Code. (1) In residential zones, accessory structures which are more than twelve feet (12’) in height must meet the same setbacks as primary buildings. (2) In all residential zones, except the RE Zone, side yard requirements for accessory buildings ZONING ORDINANCE - TITLE 11 ACCESSORY DWELLING UNIT Page 5 of 7 shall be the same as for main buildings, except that no side yard shall be required for accessory buildings which are located more than twelve feet (12’) in the rear of the main building. (3) The rear yard setback shall be three feet (3’) on lots in any residential zone in which the rear yard is contiguous to an alley. (4) In the RMH Zone, a minimum rear yard of fifteen feet (15’) is permitted if one (1) of the required side-yards is a minimum of twenty-five feet (25’). (5) Properties zoned RP and RP-A prior to the adoption of this Zoning Code shall meet the setbacks required at the time they were approved. A listing of applicable subdivisions can be found in the Section 11-7-2. The applicable setbacks required at the time they were approved are as follows: … SECTION 4. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. SECTION 5. Codification Clause. The City Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code. SECTION 6. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. SECTION 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication. ZONING ORDINANCE - TITLE 11 ACCESSORY DWELLING UNIT Page 6 of 7  PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this day of , 2022. ATTEST: CITY OF IDAHO FALLS, IDAHO ______________________________ _____________________________________ KATHY HAMPTON, CITY CLERK REBECCA L. NOAH CASPER, Ph.D., MAYOR (SEAL) STATE OF IDAHO ) ) ss: County of Bonneville ) I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING CITY ZONING CODE SECTIONS 11-2-6, 11-3-4, AND TABLES 11-2-1, 11- 3-3 TO CLARIFY REQUIREMENTS REGARDING ACCESSORY DWELLING UNITS; AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” (SEAL) KATHY HAMPTON, CITY CLERK ZONING ORDINANCE - TITLE 11 ACCESSORY DWELLING UNIT Page 7 of 7