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09.07.2023 City Council Packet 1. 2. i. 1. 2. 16 Page 2 of 56 Ammon City Council 09.07.2023 1. 2. ii. 26 Page 3 of 56 Ammon City Council 09.07.2023 36 Page 4 of 56 Ammon City Council 09.07.2023 46 Page 5 of 56 Ammon City Council 09.07.2023 1. 56 Page 6 of 56 Ammon City Council 09.07.2023 2. 1. 66 Page 7 of 56 Ammon City Council 09.07.2023 PROCLAMATION Whereas, September 17, 2023 marks the two hundred and thirty-fifth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate the occasion; and Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the th President of the United States of America designating September 17 through rd 23 as Constitution Week. Now, Therefore I, Sean Coletti, Mayor of the City of Ammon, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK And ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties remembering that lost rights may never be regained. th PROCLAIMED AND SIGNED this 7 Day of September 2023 ________________________________ Sean Coletti, Mayor ________________________________ Kristina Buchan, City Clerk Page 8 of 56 Ammon City Council 09.07.2023 Page 9 of 56 Ammon City Council 09.07.2023 Page 10 of 56 Ammon City Council 09.07.2023 Page 11 of 56 Ammon City Council 09.07.2023 ! Page 12 of 56 Ammon City Council 09.07.2023 ! Page 13 of 56 Ammon City Council 09.07.2023 ! Page 14 of 56 Ammon City Council 09.07.2023 Page 15 of 56 Ammon City Council 09.07.2023 CITY OF AMMON CONSERVATION PARK 222169-000 bhL/9 hC !‘!w5 5ğƷĻ ƚŅ LƭƭǒğƓĭĻʹ City of Ammon, Idaho N/A hǞƓĻƩʹ hǞƓĻƩγƭ /ƚƓƷƩğĭƷ bƚ͵ʹ Keller Associates, Inc. 222169 9ƓŭźƓĻĻƩʹ 9ƓŭźƓĻĻƩγƭ tƩƚƆĻĭƷ bƚ͵ʹ Ammon Conservation Park Ammon Conservation Park tƩƚƆĻĭƷʹ /ƚƓƷƩğĭƷ bğƒĻʹ .źķķĻƩʹ {ĻğƭƚƓƭ ‘ĻƭƷ LƓĭ͵ P.O. Box 51666, Idaho Falls, ID 83405 !ķķƩĻƭƭʹ h .L559wʹ —ƚǒ ğƩĻ ƓƚƷźŅźĻķ ƷŷğƷ hǞƓĻƩ ŷğƭ ğĭĭĻƦƷĻķ ǤƚǒƩ .źķ ķğƷĻķ ΝΗΗΗ!ǒŭǒƭƷ ЊАͲ ЋЉЋЌ ΗΗΗΗ Ξ ŅƚƩ ƷŷĻ ğĬƚǝĻ /ƚƓƷƩğĭƷͲ ğƓķ ƷŷğƷ Ǥƚǒ ğƩĻ ƷŷĻ {ǒĭĭĻƭƭŅǒƌ .źķķĻƩ ğƓķ ğƩĻ ğǞğƩķĻķ ğ /ƚƓƷƩğĭƷ ŅƚƩʹ \[ǒƒƦ {ǒƒ tƩźƒĻ /ƚƓƷƩğĭƷ ŅƚƩ ƷŷĻ !ƒƒƚƓ /ƚƓƭĻƩǝğƷźƚƓ tğƩƉ tƩƚƆĻĭƷ͵ ŷĻ /ƚƓƷƩğĭƷ tƩźĭĻ ƚŅ ƷŷĻ ğǞğƩķĻķ /ƚƓƷƩğĭƷ źƭʹ υ ΗЌЊБͲВЏЎΗΗ͵ hƓĻ ĻƌĻĭƷƩƚƓźĭ ĭƚƦǤ ƚŅ ƷŷĻ !ŭƩĻĻƒĻƓƷ ğĭĭƚƒƦğƓźĻƭ Ʒŷźƭ bƚƷźĭĻ ƚŅ !ǞğƩķͲ ğƓķ ƚƓĻ ĭƚƦǤ ƚŅ ƷŷĻ /ƚƓƷƩğĭƷ 5ƚĭǒƒĻƓƷƭ ğĭĭƚƒƦğƓźĻƭ Ʒŷźƭ bƚƷźĭĻ ƚŅ !ǞğƩķ ƚƩ ŷğƭ ĬĻĻƓ ƷƩğƓƭƒźƷƷĻķ ƚƩ ƒğķĻ ğǝğźƌğĬƌĻ Ʒƚ .źķķĻƩ ĻƌĻĭƷƩƚƓźĭğƌƌǤ͵ ğ ƭĻƷ ƚŅ ƷŷĻ 5ƩğǞźƓŭƭ Ǟźƌƌ ĬĻ ķĻƌźǝĻƩĻķ ƭĻƦğƩğƷĻƌǤ ŅƩƚƒ ƷŷĻ ƚƷŷĻƩ /ƚƓƷƩğĭƷ 5ƚĭǒƒĻƓƷƭ͵ —ƚǒ ƒǒƭƷ ĭƚƒƦƌǤ ǞźƷŷ ƷŷĻ ŅƚƌƌƚǞźƓŭ ĭƚƓķźƷźƚƓƭ ƦƩĻĭĻķĻƓƷ ǞźƷŷźƓ ЊЎ ķğǤƭ ƚŅ ƷŷĻ ķğƷĻ ƚŅ ƩĻĭĻźƦƷ ƚŅ Ʒŷźƭ bƚƷźĭĻ ƚŅ !ǞğƩķʹ Њ͵ 5ĻƌźǝĻƩ Ʒƚ hǞƓĻƩ ΝΗΗЌΗΗΞ ĭƚǒƓƷĻƩƦğƩƷƭ ƚŅ ƷŷĻ !ŭƩĻĻƒĻƓƷͲ ŅǒƌƌǤ ĻǣĻĭǒƷĻķ ĬǤ .źķķĻƩ͵ Ћ͵ 5ĻƌźǝĻƩ ǞźƷŷ ƷŷĻ ĻǣĻĭǒƷĻķ !ŭƩĻĻƒĻƓƷΛƭΜ ƷŷĻ /ƚƓƷƩğĭƷ ƭĻĭǒƩźƷǤ ΝĻ͵ŭ͵Ͳ ƦĻƩŅƚƩƒğƓĭĻ ğƓķ ƦğǤƒĻƓƷ ĬƚƓķƭΞ ğƓķ źƓƭǒƩğƓĭĻ ķƚĭǒƒĻƓƷğƷźƚƓ ğƭ ƭƦĻĭźŅźĻķ źƓ ƷŷĻ LƓƭƷƩǒĭƷźƚƓƭ Ʒƚ .źķķĻƩƭ ğƓķ DĻƓĻƩğƌ /ƚƓķźƷźƚƓƭͲ !ƩƷźĭƌĻƭ Ћ ğƓķ Џ͵ CğźƌǒƩĻ Ʒƚ ĭƚƒƦƌǤ ǞźƷŷ ƷŷĻƭĻ ĭƚƓķźƷźƚƓƭ ǞźƷŷźƓ ƷŷĻ ƷźƒĻ ƭƦĻĭźŅźĻķ Ǟźƌƌ ĻƓƷźƷƌĻ hǞƓĻƩ Ʒƚ ĭƚƓƭźķĻƩ Ǥƚǒ źƓ ķĻŅğǒƌƷͲ ğƓƓǒƌ Ʒŷźƭ bƚƷźĭĻ ƚŅ !ǞğƩķͲ ğƓķ ķĻĭƌğƩĻ ǤƚǒƩ .źķ ƭĻĭǒƩźƷǤ ŅƚƩŅĻźƷĻķ͵ ‘źƷŷźƓ ƷĻƓ ķğǤƭ ğŅƷĻƩ Ǥƚǒ ĭƚƒƦƌǤ ǞźƷŷ ƷŷĻ ğĬƚǝĻ ĭƚƓķźƷźƚƓƭͲ hǞƓĻƩ Ǟźƌƌ ƩĻƷǒƩƓ Ʒƚ Ǥƚǒ ƚƓĻ ŅǒƌƌǤ ĻǣĻĭǒƷĻķ ĭƚǒƓƷĻƩƦğƩƷ ƚŅ ƷŷĻ !ŭƩĻĻƒĻƓƷͲ ƷƚŭĻƷŷĻƩ ǞźƷŷ ğƓǤ ğķķźƷźƚƓğƌ ĭƚƦźĻƭ ƚŅ ƷŷĻ /ƚƓƷƩğĭƷ 5ƚĭǒƒĻƓƷƭ ğƭ źƓķźĭğƷĻķ źƓ tğƩğŭƩğƦŷ Ћ͵ЉЋ ƚŅ ƷŷĻ DĻƓĻƩğƌ /ƚƓķźƷźƚƓƭ͵ hǞƓĻƩʹ /źƷǤ ƚŅ !ƒƒƚƓͲ Lķğŷƚ !ǒƷŷƚƩźǩĻķ {źŭƓğƷǒƩĻ .Ǥʹ źƷƌĻʹ /ƚƦǤʹ 9ƓŭźƓĻĻƩ aƚķźŅźĻķ ŅƩƚƒ 9W/5/ν /ΏЎЊЉͲ bƚƷźĭĻ ƚŅ !ǞğƩķ͵ tƩĻƦğƩĻķ ğƓķ ƦǒĬƌźƭŷĻķ ЋЉЊЌ ĬǤ ƷŷĻ 9ƓŭźƓĻĻƩƭ WƚźƓƷ /ƚƓƷƩğĭƷ 5ƚĭǒƒĻƓƷƭ /ƚƒƒźƷƷĻĻ͵ ЉЉ ЎЊ ЉЉ Ώ tğŭĻ Њ ƚŅ Њ Page 16 of 56 Ammon City Council 09.07.2023 Ammon City Council September 7, 2023 Mayor Coletti and City Councilmembers: Resolution # 2023-006 - 2023 and 2024 Opioid Settlement Fund Report Staff Presenting: Jennifer Belfield, Finance Director Recommendation - Staff respectfully recommends that the Ammon City Council adopt state fiscal year 2023 and 2024 Annual Opioid Settlement Fund Reporting Resolution 2023-006. Summary of Analysis 1. Zero dollars were expended. 2. The City used funds in 2023 for t Approved Opioid Abatement Strategies, Section G Prevent Misuse of Opioids, Item # 4 Drug take-back disposal or destruction programs, $3,119.45. And Item # 9 School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids, $4,300 paid to Idaho Falls Bonneville County DARE. 3. funds of $244.73 to support our local DARE program again. 4. In March 2023 the City of Ammon authorized future opioid settlement funds to be paid directly to District 7 Eastern Idaho Public Health, so we anticipate our 2024 report to be our final report. Financial Impact Opioid settlement funds that are received can only be used to pay for authorized opioid abatement strategies. Revenues were coded to GL # 10-370-900, and expenses to GL # 10-410-900. The two projects were supporting DARE and the Drug Take Back Event. Motion I move to approve Resolution 2023-006 to accept the 2023 and 2024 Opioid Settlement Fund Reports. Attachments: 1. Resolution # 2023-006 - 2023 and 2024 Opioid Settlement Fund Report 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.ctyofammon.us Page | 1 Page 17 of 56 Ammon City Council 09.07.2023 Page 18 of 56 Ammon City Council 09.07.2023 Page 19 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence- 1 informed programs or strategies that may include, but are not limited to, the following: 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 1 As used in this Exhibit A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Public Creditor Trust Distribution Procedures. A-1 Page 20 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 14. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication- Assisted Treatment. B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co- occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. A-2 Page 21 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co- occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have – or at risk of developing – OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: A-3 Page 22 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post- discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. A-4 Page 23 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-basedor evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); 2. Active outreach strategies such as the Drug Abuse Response Team (DART) model; 3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. A-5 Page 24 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E.ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women – or women who could become pregnant – who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. A-6 Page 25 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children’s Services – Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: A-7 Page 26 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-basedor evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non-profits and faith-based communities as systems to support prevention. 8. Fund evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school A-8 Page 27 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providingfree naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. A-9 Page 28 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I.I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b)to show how opioid settlement funds have been spent; (c)to report program or strategy outcomes; or (d)to track, share or visualize key opioid- A-10 Page 29 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L.RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. A-11 Page 30 of 56 Ammon City Council 09.07.2023 Exhibit A Approved Opioid Abatement Strategies 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. A-12 Page 31 of 56 Ammon City Council 09.07.2023 Ammon City Council Meeting September 7, 2023 Mayor Coletti and Ammon City Council Members: Johnston Farms Annexation Agreement Staff Presenting: Cindy Donovan Planning Director Compliance - This application is in compliance with 11-1-7 Submittal Requirements for Annexations Less Than Ten (10) Acres - This action is in compliance with the Comprehensive Plan and Title 10, Chapter 4 - This action is not in compliance with the Comprehensive Plan Land Use Map. However, they have requested an amendment to the map. Council Criteria for Decision: Section 11-1-11 1. Ammon Comprehensive Plan 2. Whether the proposed annexation protects and improves the public health, safety, and welfare 3. Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Ammon at the time of an annexation and in 4. If the application is in general compliance with the Comprehensive Plan, the Council shall consider the application for a zoning classification and consider any and all factors it deems important to determine whether an application for annexation shall be granted or denied. Summary of Analysis 1. Annexation Agreement contains the following Special Conditions: th SC-1: Developer will improve the entirety of both sides of 17 Street including all lanes as required by the City Engineer along his entire frontage, which shall also include roadway paving, sidewalks, curb and gutter in compliance with the current standards and specifications of the City of Ammon, prior to the issuance of a building permit. SC-2: Developer shall provide stub road for future connection to Greenfield Drive. SC-3: Developer shall pay Parks Contribution Fee to be dedicated to parks and open space improvements within the general vicinity of the proposed development. This fee shall be the amount as required by the City of Ammon Fee Resolution in effect at the time of the issuance of the building permit. All of the Parks Contribution Fees for the entire development shall be paid prior to issuance of any building permit. SC-4: Developer shall install a minimum six (6) foot high site obscuring fence along the east and south property lines adjacent to the RP zoned properties. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Page 32 of 56 Ammon City Council 09.07.2023 SC-5: Developer shall install a sidewalk within the right-of-way to connect the th development to the existing sidewalk to the west, near the intersection of 17 Street and Ammon Road. SC-6: Developer shall provide Groundwater Rights in one of the following ways within thirty (30) day of closing but no later than January 1, 2024: i. Option 1: Deed to the City of Ammon acceptable groundwater rights equivalent to 0.23 CFS (~11.5 acres) ii. Option 2: Pay City of Ammon a fee in-lieu of groundwater rights of approximately $80,500 (this amount is subject to change based on market conditions) Parcel Characteristics - General Location: north of Marlene Street, east of Ammon Road, south of 17th Street, and west of Ross Avenue - Acres: 7.188 acres - Requested Zoning: R-1 Motion Approve I move to approve the Johnston Farms Annexation Agreement, finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Attachments: 1. Draft Annexation Agreement 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Page 33 of 56 Ammon City Council 09.07.2023 CITY OF AMMON, BONNEVILLE COUNTY, IDAHO RESOLUTION NO. 2023-007R A RESOLUTION ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN LAND USE MAP OF THE CITY OF AMMON WHEREAS, pursuant to Idaho Code Section 67-6508 the City has a duty to conduct a comprehensive planning process designed to prepare, implement and periodically review and update its Comprehensive Plan and the Comprehensive Plan Land Use Map; WHEREAS, the City of Ammon Planning and Zoning Commission has conducted public hearing #2023-022 on August 2, 2023, wherein requests and opinions from the public have been solicited and considered; WHEREAS, a notice of the proposed amendments to the Comprehensive Plan Land Use Map were published in the Post Register prior to the hearing; WHEREAS, the City Council of the City of Ammon desires to adopt the newly proposed Comprehensive Plan Land Use Map to serve as a guide for future planning and zoning decisions by the City; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and City Council of the City of Ammon as follows: 1. The Comprehensive Plan Future Land Use Map dated May 18, 2023 and amended on September 7, 2023, prepared by the Ammon Planning and Zoning Department, a copy of which is available at the City Offices and on the City Website of the City of Ammon and by this reference made a part hereof, be and hereby is adopted as the official Comprehensive Plan Future Land Use Map of the City of Ammon, Idaho. DATED this 7th day of September, 2023. _________________________ Sean Coletti, Mayor ATTEST: ___________________________ Kristina Buchan, City Clerk wĻƭƚƌǒƷźƚƓ bƚ͵ ЋЉЋЌΏЉЉАw /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ CǒƷǒƩĻ \[ğƓķ ƭĻ ağƦ wĻǝźƭźƚƓ ЉВΏЉАΏЋЉЋЌ Page 34 of 56 Ammon City Council 09.07.2023 CITY OF AMMON ANNEXATION AGREEMENT JOHNSTON FARMS SUBDIVISION AN ADDITION TO THE CITY OF AMMON Please place instrument sticker below. THIS AGREEMENT, made and entered into this 7th day of September, 2023, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Hamlet Homes, a Utah Corporation, WITNESSETH: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of and made a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted and annexed to said City and has committed to the City to plat said property and to be approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the City Engineer has recommended to the City Council of the City that such annexation be accepted subject to certain requirements and obligations on the part of the Developer; and; WHEREAS, the City Council has agreed to accept and annex said lands to the City subject to the following terms and conditions: NOW THEREFORE, it is hereby agreed as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. JOHNSTON FARMS ANNEXATION AGREEMENT - Page 1 of 13 09/07/2023 Page 35 of 56 Ammon City Council 09.07.2023 2. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the date approved by the City Council. 3. TERM OF AGREEMENT. All rights related to this agreement, including all f no building permit has been issued within five (5) years of the Effective Date. 4. DEVELOPER. more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. Except as provided otherwise in this Agreement, annexation of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.1.1. Plan review fees and inspection fees; 5.1.2. Amendments to building, plumbing, fire and other construction codes; 5.1.3. City enactments that are adopted pursuant to State or federal mandates that to vest regulations. 6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e. telephone, gas, electricity, fiber duct, fiber vaults, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shall be incorporated herein and made a part hereof by reference. The Developer shall construct and install all such improvements in accordance with the current Edition of the Idaho Standards for Public Works Construction adopted by the City of Ammon including compliance with all other City codes and ordinances, including the city of Ammon standards as adopted. Developer shall comply with all state, federal, EPA, DEQ, and other applicable statutes, rules and regulations. Acceptance of improvements to be determined by the City of Ammon only after completed inspections and certification provided by Developer from a licensed, professional engineer certifying that said subdivision construction has been completed in compliance with the published standards. The Developer shall make a formal JOHNSTON FARMS ANNEXATION AGREEMENT - Page 2 of 13 09/07/2023 Page 36 of 56 Ammon City Council 09.07.2023 request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, installation of required fiber duct, fiber vaults, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street lights, street and regulatory signs, and/or other needed street or utility improvements as shown on the improvement plans. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given on each phase, only after satisfactory completion. 6.3. That Developer, its successors or assigns will, at his or their own expense, construct and install all storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Dedication and acceptance of retention ponds will be given by the City, only after satisfactory completion of retention ponds including landscaping and sprinkling. Additional improvements may be required by development agreement on a case-by-case basis. 6.4. That Developer shall require all contractors involved in constructing the subdivision improvements to furnish a minimum two (2) year warranty on all materials and workmanship involved. Additional warranty periods may be required in writing by the City on certain materials and products. Said period of warranty shall run from written acceptance given by City. 6.5. That Developer shall comply with all City requirements in effect at the time construction is commenced on each said lot. That the Developer shall sell no lots at less than the size required in the zoning for such property. Lot lines may be changed by owners, but no additional building sites may be created over the number shown on the plat. All building and zoning codes must be complied with in the event of any change. 6.6. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement drawings within the development sewer line is the general city standard. However, size of sewer line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should City elect to have installed sewer line in excess of the size needed for this subject development to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for the material upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized sewer line in writing in advance of said project going forward. Reimbursement shall occur either one year from date of the execution of this Annexation Agreement or upon written acceptance of said lines, whichever shall later occur. All sanitary sewer design and installation shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other standards as adopted by the City at the time JOHNSTON FARMS ANNEXATION AGREEMENT - Page 3 of 13 09/07/2023 Page 37 of 56 Ammon City Council 09.07.2023 of construction. The property described herein will be serviced by the City of Ammon sewer system, unless specifically agreed to by both Developer and the City of Ammon. 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. is the general city standard. However, size of water line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should City elect to have installed water line in excess of the size needed for this subject development to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for the material upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized water line in writing in advance of said project going forward. Reimbursement shall occur either one year from date of the execution of this Annexation Agreement or upon written acceptance of said lines, whichever shall later occur. That the Developer shall be responsible for extending City water lines to said development through adjacent property if water is required prior to adjacent developers erty. The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. Developer shall reimburse the City of Ammon the entire cost for water modeling associated with the development described herein. Developer shall reimburse the same within ten days of receipt of said bill from the City of Ammon. 6.8. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.9. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.10. That Developer shall construct and install all improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of the execution of this document. 6.11. As consideration of this annexation, Developer agrees to dedicate such right of way area to the City as needed for future development of rights of way adjacent to said annexation and existing roadways which shall be constructed at a future time. Dedication shall occur at the time of final plat or at such time as the City in its sole discretion requests dedication in contemplation of roadway and/or infrastructure improvements. A separate legal description for the required right of way preservation shall be provided as part of this agreement an JOHNSTON FARMS ANNEXATION AGREEMENT - Page 4 of 13 09/07/2023 Page 38 of 56 Ammon City Council 09.07.2023 Right of way dedication will be determined by the City Engineer using the most current version of the Bonneville Metropolitan Planning Organization (BMPO) Access Management Plan at the time of development. 6.12. Developer agrees that at time of platting and development of adjacent lands, dedicated right of way shall be improved to the standards of the City and after construction said improvements shall be dedicated to the City pending acceptance by the City of improvements. Developer shall improve all roadways adjacent to said development and interior rights of way including but not limited to curb, gutter, sidewalk and asphalt to the standards of the City of Ammon and in a width reasonably determined by the City or shall escrow funds with the City of Ammon for the estimated cost of said improvements. Said improvements shall be completed/escrowed prior to the issuance of any building permits within any plat within said development. 6.13. That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, fiber duct, fiber vaults, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year warranty period as provided for in paragraph 6.4. above, provided such improvements are constructed by Developer. 6.14. That Developer shall provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion or portions of said street or utility improvements he intends to complete at that time. Developer agrees to make such modifications and/or construct any temporary facilities necessitated by such phase construction work as shall be required and approved by the City Engineer. 6.15. That Developer shall immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed utility or street construction. 6.16. That Developer hereby agrees that, upon a finding based upon the sole discretion of the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion or portions or the entirety of said utility or street improvements described in paragraph 6.1. above, need to be completed, in the interest of the health, welfare, and/or safety of the inhabitants of the City, the Developer will within thirty days or such other reasonable time as defined by the City, construct said needed utility or street improvement. If Developer does not construct within said time after written notification of by the Council, the Developer will pay to the City the cost of such construction as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the findings set forth in this paragraph except at a regular or special meeting of the Council and unless the Developer has been notified in writing of the time and place of such meeting of the City Council at least ten (10) days prior thereto and JOHNSTON FARMS ANNEXATION AGREEMENT - Page 5 of 13 09/07/2023 Page 39 of 56 Ammon City Council 09.07.2023 has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. At or before such hearing, the City Engineer shall furnish the Developer a cost estimate for completing said improvement. In the event the City elects to construct the utilities or street improvements as provided for in this Annexation Agreement and in the site plan, this Annexation Agreement shall, upon recording this Annexation Agreement, constitute a lien against all property in said Development other than those portions for which an occupancy permit has been issued. 6.17. That Developer further agrees that upon his having received written notification from the City Engineer that any of the requirements herein specified have not been complied with, the City shall have the right to withhold the issuance of any certificates of occupancy and the issuance of building permits within such annexed area until such time as all requirements specified herein have been complied with; provided, however, that the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy shall have been denied and shall have the right to be heard as to why such certificate or certificates should be issued. The Council shall then decide whether such certificate or certificates shall be issued and its decision shall be final, except that the rights of parties are preserved at law and equity. 6.18. That Developer agrees and covenants that prior to any construction or any improvements upon any of the area herein agreed, there shall be a final plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer and filed with the County Recorder of Bonneville County, Idaho, as to any areas where improvements are to be commenced. 6.19. That Developer shall reimburse City for all past and future costs of publications relative to this annexation until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings for annexation and zoning changes, ordinance publication costs for annexation and public hearings, etc. as required by the currently existing Fee Resolution. 6.20. In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Developer shall construct said pressurized irrigation system consistent with pressurized irrigation system standards and based on approval by the City Engineer. Developer shall construct a pressurized irrigation system to service all lots, parcels, and common areas within the subdivision. Developer shall receive approval of the pressurized irrigation system design prior to installing any components of the system. Pressurized Irrigation system shall become property of the City of Ammon, provided the following criteria are met: 1) Construction of the system is complete; 2) Developer has shown the system is fully operational for one (1) full operational season; and 3) Developer has shown the system is capable of providing the primary water source for irrigation to all lots and parcels within the subdivision. Developer shall be responsible for all defects and deficiencies in the pressurized irrigation system for two (2) years from the date it is turned over to the City of Ammon. A guarantee of completion in accordance with City Code 10-29-17 shall be provided prior to issuance of building permits within JOHNSTON FARMS ANNEXATION AGREEMENT - Page 6 of 13 09/07/2023 Page 40 of 56 Ammon City Council 09.07.2023 the subdivision. Upon transfer of the system to the City of Ammon, the City shall be responsible for all operations and maintenance of the pressurized irrigation system. If surface water is not deemed reasonably available minimum compensatory groundwater rights, deemed acceptable by the City of Ammon, may be purchased and transferred to the City of Ammon in accordance with City Code 8-10. 6.21. That Developer agrees no well to provide culinary, irrigation or water for any other use without the written permission by the City Engineer, shall be drilled upon said property after the recording date of this annexation. Further that any ground water rights including any existing well, lines or other infrastructure on the property shall be dedicated or transferred to the City of Ammon. 6.22. That prior to the issuance of any building permit for buildings in said subdivision, Developer shall construct and install all Public improvements as required by the approved improvement drawings for said subdivision. Public improvements shall include but not be limited to: roads, phone, electric, public water, public sewer, fire protection, cable, lighting, fiber duct, fiber vaults, and required landscaping, curb, gutter, sidewalks and drainage systems. 6.23. That Developer shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion in compliance with City Code 10-29-17. This guarantee of completion shall be provided in lieu of completing all infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a preliminary plat on property located within this agreement; the Developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25. That Developer shall pay any front footage fees applicable to said property, prior to the recording of any final plat related to property within this annexation. 6.26. Developer recognizes that this agreement shall serve as authorization for a lighting district to be formed at the time of approval of the first recorded plat. Said lighting district shall include all property within this annexation. Said district shall include all public street/security lighting required for public roadway lighting of the roadways within the boundaries of this agreement. Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. EXCEPTION: The lighting of designated arterial roadways shall not be included within said lighting district. JOHNSTON FARMS ANNEXATION AGREEMENT - Page 7 of 13 09/07/2023 Page 41 of 56 Ammon City Council 09.07.2023 6.27. If a traffic study is determined to be needed by the City Engineer, the Developer shall be required to perform the study prior to the approval of a preliminary plat. In the event a traffic study finds impact to roadways that would require improvements to roadways as a result of any plat related to the property described within this agreement; the developer shall pay the cost of said improvements. 6.1. That Developer shall have annexed the property into the Eastern Idaho Regional Sewer District (EIRSD) or Iona Bonneville Sewer District (IBSD), whichever is applicable, to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSD/IBSD fee as constituted by EIRSD/IBSD at the time of Final Plat recording to the applicable sewer district. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRSD/IBSD. Developer acknowledges that EIRSD/IBSD provides wastewater treatment for this development and that the City of Ammon provides no representation to the Developer, by the signing of this agreement or otherwise, as to the availability of wastewater treatment. 7. SPECIAL CONDITIONS: That this Annexation Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: th 7.1. SC-1: Developer will improve the entirety of both sides of 17 Street including all lanes as required by the City Engineer along his entire frontage, which shall also include roadway paving, sidewalks, curb and gutter in compliance with the current standards and specifications of the City of Ammon, prior to the issuance of a building permit. 7.2. SC-2: Developer shall provide stub road for future connection to Greenfield Drive. 7.3. SC-3: Developer shall pay Parks Contribution Fee to be dedicated to parks and open space improvements within the general vicinity of the proposed development. This fee shall be the amount as required by the City of Ammon Fee Resolution in effect at the time of the issuance of the building permit. All of the Parks Contribution Fees for the entire development shall be paid prior to issuance of any building permit. 7.4. SC-4: Developer shall install a minimum six (6) foot high site obscuring fence along the east and south property lines adjacent to the RP zoned properties. 7.5. SC-5: Developer shall install a sidewalk within the right-of-way to connect the th development to the existing sidewalk to the west, near the intersection of 17 Street and Ammon Road. 7.6. SC-6: Developer shall provide Groundwater Rights in one of the following ways within thirty (30) day of closing but no later than January 1, 2024: 7.6.1. Option 1: Deed to the City of Ammon acceptable groundwater rights equivalent to 0.23 CFS (~11.5 acres) 7.6.2. Option 2: Pay City of Ammon a fee in-lieu of groundwater rights of approximately $80,500 (this amount is subject to change based on market conditions) 8. MISCELLANEOUS PROVISIONS. JOHNSTON FARMS ANNEXATION AGREEMENT - Page 8 of 13 09/07/2023 Page 42 of 56 Ammon City Council 09.07.2023 8.1. Covenant Running with the Land/Successors and Assigns. Unless this Agreement is modified by mutual written agreement of the Parties or terminated by City, this Agreement and all conditions, terms, duties and obligations included in this Agreement shall be binding upon Owner, each subsequent owner of the Property and every person or entity acquiring any interest in the Property. This Agreement shall constitute a covenant running with the land burdening the Property in favor of City and shall be binding upon Owner, its successors in interest, personal representatives, heirs, vendees and assigns. 8.2. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner must be in writing to be effective and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or Owner of applying to any subsequent breach of any such or other covenants and conditions. 8.3. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed as follows: City: City of Ammon c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Laird L Johnston and Barbara A Johnston ATTN: Kathy Johnson 3700 East 17th Street Ammon, ID 83406 Developer: Hamlet Homes ATTN: Jon Southern 84 West 4800 South, Suite 200 Murray, UT 84107 Or at such other address, or facsimile number, or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. 8.4. Attorney Fees. In the event either party to this Agreement is required to retain the services of an attorney to enforce its rights hereunder, the defaulting party shall pay to the non-defaulting party reasonable attorney fees and costs incurred as a result of such default whether or not litigation is commenced and including reasonable attorney fees and costs on appeal. JOHNSTON FARMS ANNEXATION AGREEMENT - Page 9 of 13 09/07/2023 Page 43 of 56 Ammon City Council 09.07.2023 8.5. Time is of the Essence. The parties hereto acknowledge and agree that time is hereby made expressly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. 8.6. Requirement for Recordation. The City shall record this document, including all of the Exhibits, and submit proof of such recording to the Developer. This agreement must be signed within thirty (30) days of City approval. Failure to sign within thirty (30) days will result in this entire agreement being null and void. 8.7. No Precedent. Approval of the Standard Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Standard Development Agreement is not transferable from one parcel of land to another. 8.8. Police Powers. Nothing contained herein is intended to limit the police powers of the City. This Agreement shall not be construed to modify or waive any law, ordinance, rule, or regulation, including without limitation, applicable building codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly provided herein. 8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. 8.11. Certification of Compliance. Developer hereby certifies pursuant to Section 67- 2346, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently engaged in, and will not for the duration of this Agreement, knowingly engage in, a boycott of goods or services from Israel or territories under its control. Developer hereby certifies pursuant to Section 67-2359, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently wholly or partly owned or operated by the Government of China or any company that is owned or operated by the Government of China IN WITNESS WHEREOF, the City has by resolution duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. ATTEST: CITY OF AMMON, IDAHO ___________________________________ By: Kristina Buchan, City Clerk Sean Coletti, Mayor Owner: Developer: JOHNSTON FARMS ANNEXATION AGREEMENT - Page 10 of 13 09/07/2023 Page 44 of 56 Ammon City Council 09.07.2023 By: ________________________________ By: Kathy Johnson, Owner Representative Jon Southern, Hamlet Homes STATE OF IDAHO ) :ss. County of Bonneville ) On this _____ day of _______________, 2023 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to be the Mayor of the City of Ammon and acknowledged to me that he executed that same as mayor of the City of Ammon. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. ____________________________________ Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: STATE OF IDAHO ) :ss. County of Bonneville ) On this _____ day of _______________, 2023 before me the undersigned, a Notary Public in and for said State, personally appeared _________________, and known or identified to me to be the person whose name is subscribed to the within instrument as Developer and acknowledged to me that he executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. ____________________________________ Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: STATE OF IDAHO ) :ss. County of Bonneville ) JOHNSTON FARMS ANNEXATION AGREEMENT - Page 11 of 13 09/07/2023 Page 45 of 56 Ammon City Council 09.07.2023 On this _____ day of _______________, 2023 before me the undersigned, a Notary Public in and for said State, personally appeared _________________, and known or identified to me to be the person whose name is subscribed to the within instrument as Developer and acknowledged to me that he executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. ____________________________________ Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: EXHIBIT A TO ANNEXATION AGREEMENT FOR Legal description of property Part of the N1/2 of the NW1/4 of Section 26, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho, more particularly described as: Commencing at the northwest corner of Section 26 from which the north 1/4 corner of said f bearings for this description; Thence S 89°32'10" E 987.09 feet along the north line of said section from said northwest corner to the POINT OF BEGINNING; Thence S 89°32'10" E 500.94 feet along said north line; Thence along the boundary of Jennie Jean Estates, Division No. 1 (Instrument No. 365690) the following 5 courses: 1) S 00°03'52" E 570.63 feet; 2) N 87°53'38" W 198.61 feet; 3) S 12°08'43" W 67.98 feet; 4) S 64°06'27" W 119.78 feet; 5) N 83°29'12" W 178.95 feet to the southeast corner of Warranty Deed Instrument No. 1634552; Thence N 00°16'41" W 665.86 feet along the east line of said warranty deed to the POINT OF BEGINNING. Containing 7.188 acres JOHNSTON FARMS ANNEXATION AGREEMENT - Page 12 of 13 09/07/2023 Page 46 of 56 Ammon City Council 09.07.2023 EXHIBIT B TO ANNEXATION AGREEMENT FOR Legal description of Right of Way JOHNSTON FARMS ANNEXATION AGREEMENT - Page 13 of 13 09/07/2023 Page 47 of 56 Ammon City Council 09.07.2023 ) IN RE: ) AMMON CITY COUNCIL ) HAMLET HOMES ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION JOHNSTON FARMS ) ) SEPTEMBER 7, 2023 ) APPLICANT: HAMLET HOMES OWNER: Laird L. Johnston and Barbara A. Johnston c/o Kathy Johnson PROJECT: JOHNSTON FARMS APPLICANT REQUEST: Requesting amendment of the Comprehensive Plan Future Land Use Map LOCATION: North of Marlene Street, east of Ammon Road, south of 17th Street, west of Ross Avenue EXISTING ZONING: A-1 Agricultural SURROUND ZONING: RP, R-1, CC-1 SURROUNDING USE: Low Density Residential, Heavy Commercial, Light Commercial PARCEL SIZE: 7.188 acres SECTION 1: BACKGROUND FACTS Summary of Application - Annexation of 7.188 acres with the initial zone of R-1 - R-1 zone allows up to 4.0 units per acre, proposed density is 3.48 units per acre - Project is located south of 17th Street which is classified as a minor arterial by the Bonneville Metropolitan Planning Organization (BMPO) - Property is surrounded on all four (4) sides by the City of Ammon - Property is serviced by the Iona Bonneville Sewer District (IBSD) - City of Ammon waterline is located in 17th Street - Project will be required to stub a street that will be able to connect with Greenfield Drive in the future Noticing - Planning and Zoning Commission - On June 30, 2023 notice of the Planning and Zoning Commission public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. - On June 30, 2023 notice of the Planning and Zoning Commission public hearing was mailed to twenty (20) public entities. Planning and Zoning Commission Findings - Public Hearing #2023-022 was held on August 2, 2023 - Findings: - Eliminate county island - Infill development - Harmonious with surrounding land uses 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Page 48 of 56 Ammon City Council 09.07.2023 - Buffer the existing low density lots from the commercial property - Sidewalk to west allows connectivity - Additional tax base for the City - Greenfield Drive road connection to allow future connection Ammon Road - Park contribution assessed for impact to parks SECTION 2: FINDINGS OF FACT Based upon the application, the findings of the Planning and Zoning Commission, the record and testimony presented, and the following additional findings of the City Council: Concern regarding loss of commercial property but will serve as a buffer to larger surrounding properties The Ammon City Council therefore finds as follows: 1. The City Council finds the request from Hamlet Homes for the project known as the Johnston Farms subdivision to be in general compliance with the 2018 Comprehensive Plan, as amended on May 18, 2023. Table 1 (below) summarizes these findings. 2. The City Council finds the request from Hamlet Homes for the project known as the Johnston Farms subdivision to be in compliance with the zoning ordinance and protects and improves the public health, safety and welfare. These findings are summarized in Table 2 (below). 3. If applicable: The City Council finds the request from Hamlet Homes for the project known as the Johnston Farms subdivision to be in compliance with the Subdivision Ordinance. 4. The City Council finds the request from Hamlet Homes for the project known as the Johnston Farms subdivision will not have a negative fiscal impact upon the existing citizens of the City of Ammon. TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan The application complies with the following applicable sections of the Comprehensive Plan: - Low density residential matches the land use designations to the north, east, and south. - This property qualifies as an infill project and will eliminate a county island. - Comprehensive Plan Chapter 10, Page 23, Item 9: Encourage infill development is compact, economic and efficient - This property is serviced by the Iona Bonneville Sewer District (IBSD) and there th General Compliance is a city water line along 17 Street. - Comprehensive Plan Chapter 10, Page 23, Item 10: Establish land use patterns which build on existing water and sewer facilities. - Project is located off of 17th Street, which is classified by the Bonneville Metropolitan Planning Organization (BMPO) as a minor arterial. Project would be required to improve their frontage on 17th Street to City Standards. - Comprehensive Plan Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access TABLE 2 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Page 49 of 56 Ammon City Council 09.07.2023 Summary of General Compliance with Title 10, Planning and Zoning The application complies with the following applicable sections of Title 10: Title 10 Chapter 4 Amendments, Section 1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. General Compliance The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. SECTION 3: CONCLUSION OF LAW 1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3. If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. Code. 5. The City of Ammon has provided adequate notice for the review of this application. 6. The project meets the standards of approval under the Comprehensive Plan Chapter 10, Title 10 Chapter 4, Title 11 and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council approves the Johnston Farms subdivision request to amend the Comprehensive Plan Future Land Use Map subject to the following conditions: 1. No special conditions required for amending the Comprehensive Plan Future Land Use Map. THEREFORE, the Ammon City Council approves the Johnston Farms subdivision request to amend the Comprehensive Plan Future Land Use Map subject to conditions, if any, in Section 4 of this approval and all city, county, state, and federal laws. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 7th day of September, 2020. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Page 50 of 56 Ammon City Council 09.07.2023 NOTICE OF APPLICABLE RIGHTS Applicants have a right to request a regulatory taking analysis of this decision pursuant to Idaho Code §67-8003. Further, per Idaho Code §67-6535, and in accordance with Idaho Rule of Civil Procedure 84, an applicant or an affected person has the right to seek review of this decision. CERTIFICATE OF SERVICE I hereby certify that on this 8th day of, September, 2023, I served a true and correct copy of the foregoing document upon the following: Hamlet Homes \[x\] Mailing ATTN: Jon Southern \[x\] E-Mail: jons@hamlethomes.com 84 West 4800 South, Suite 200 Murray, UT 84107 Hamlet Homes \[x\] Mailing ATTN: Travis Morris \[x\] E-Mail: tmorris@hamlethomes.com 84 West 4800 South, Suite 200 Murray, UT 84107 Laird L. Johnston and Barbara A. Johnston \[x\] Mailing ATTN: Kathy Johnson \[x\] E-Mail: traviscjohnson1@gmail.com 3700 East 17th Street Ammon, ID 83406 _____________________________________________ City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 Page 51 of 56 Ammon City Council 09.07.2023 ) IN RE: ) AMMON CITY COUNCIL ) HAMLET HOMES ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION JOHNSTON FARMS ) ) SEPTEMBER 7, 2023 ) APPLICANT: HAMLET HOMES OWNER: Laird L. Johnston and Barbara A. Johnston c/o Kathy Johnson PROJECT: JOHNSTON FARMS APPLICANT REQUEST: Requesting annexation of 7.188 acres with the initial zone of R-1 LOCATION: North of Marlene Street, east of Ammon Road, south of 17th Street, west of Ross Avenue EXISTING ZONING: A-1 Agricultural SURROUND ZONING: RP, R-1, CC-1 SURROUNDING USE: Single-family detached homes, single-family attached dwellings, commercial property PARCEL SIZE: 7.188 acres SECTION 1: BACKGROUND FACTS Summary of Application - Annexation of 7.188 acres with the initial zone of R-1 - R-1 zone allows up to 4.0 units per acre, proposed density is 3.48 units per acre - Project is located south of 17th Street which is classified as a minor arterial by the Bonneville Metropolitan Planning Organization (BMPO) - Property is surrounded on all four (4) sides by the City of Ammon - Property is serviced by the Iona Bonneville Sewer District (IBSD) - City of Ammon waterline is located in 17th Street - Project will be required to stub a street that will be able to connect with Greenfield Drive in the future Noticing - Planning and Zoning Commission - On June 30, 2023 and July 7, 2023 notice of the Planning and Zoning Commission public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. - On June 30, 2023 notice of the Planning and Zoning Commission public hearing was mailed to twenty (20) public entities and adjoining property owners within 300 feet. Planning and Zoning Commission Findings - Public Hearing #2023-023 was held on August 2, 2023 - Findings: - Eliminate county island - Infill development 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Page 52 of 56 Ammon City Council 09.07.2023 - Harmonious with surrounding land uses - Buffer the existing low density lots from the commercial property - Sidewalk to west allows connectivity - Additional tax base for the City - Greenfield Drive road connection to allow future connection Ammon Road - Park contribution assessed for impact to parks SECTION 2: FINDINGS OF FACT Based upon the application, the findings of the Planning and Zoning Commission, the record and testimony presented, and the following additional findings of the City Council: Concern with loss of possible commercial property but the R-1 zone will provide a buffer to the larger properties to the east and south. The Ammon City Council therefore finds as follows: 1. The City Council finds the request from Hamlet Homes for the project known as the Johnston Farms subdivision to be in general compliance with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2. The City Council finds the request from Hamlet Homes for the project known as the Johnston Farms subdivision to be in compliance with the zoning ordinance and protects and improves the public health, safety and welfare. These findings are summarized in Table 2 (below). 3. If applicable: The City Council finds the request from Hamlet Homes for the project known as the Johnston Farms subdivision to be in compliance with the Subdivision Ordinance. 4. The City Council finds the request from Hamlet Homes for the project known as the Johnston Farms subdivision will not have a negative fiscal impact upon the existing citizens of the City of Ammon. TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan The application complies with the following applicable sections of the Comprehensive Plan: - Low density residential matches the land use designations to the north, east, and south. - This property qualifies as an infill project and will eliminate a county island. - Comprehensive Plan Chapter 10, Page 23, Item 9: Encourage infill development is compact, economic and efficient - This property is serviced by the Iona Bonneville Sewer District (IBSD) and there th General Compliance is a city water line along 17 Street. - Comprehensive Plan Chapter 10, Page 23, Item 10: Establish land use patterns which build on existing water and sewer facilities. - Project is located off of 17th Street, which is classified by the Bonneville Metropolitan Planning Organization (BMPO) as a minor arterial. Project would be required to improve their frontage on 17th Street to City Standards. - Comprehensive Plan Chapter 10, Page 25, Item 17: Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Page 53 of 56 Ammon City Council 09.07.2023 - Comprehensive Plan Chapter 13, Page 41: Require new developments to construct buffered sidewalks on arterial and collector roadways, and prioritize upgrading old sidewalks to meet new standards, including ADA design requirements. - Project would be required to have a connection to Greenfield Drive, which will allow the development access to Ammon Road. - Comprehensive Plan Chapter 13, Page 41: Require street connectivity within the one-mile grid system roads, to improve walkability with collector roads - Project is proposing R-1 single family detached housing to buffer the RP properties to the east and south from commercial zoned property to the west. - Comprehensive Plan Chapter 10, Page 21, Item 2: In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses. TABLE 2 Summary of General Compliance with Title 10, Planning and Zoning The application complies with the following applicable sections of Title 10: - Title 10 Chapter 4 Amendments, Section 1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. - Title 10 Chapter 14 R-1 Residence Zone and Title 10 Chapter 37 Section 2 (A) Residential District Uses - Proposing 25 single family lots with an average lot size around 7,930 General Compliance to 8,065 sq. ft. - Proposed project density is 3.48 units per acre. R-1 zoning allows for a density of 4.0 units/acre with no attached units. Council Criteria for Decision: Section 11-1-11 - the Ammon Comprehensive Plan - Whether the proposed annexation protects and improves the public health, safety, and welfare - Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Ammon at the time of an annexation and in - If the application is in general compliance with the Comprehensive Plan, the Council shall consider the application for a zoning classification and consider any and all factors it deems important to determine whether an application for annexation shall be granted or denied. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Page 54 of 56 Ammon City Council 09.07.2023 SECTION 3: CONCLUSION OF LAW 1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3. If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. Code. 5. The City of Ammon has provided adequate notice for the review of this application. 6. The project meets the standards of approval under Title 10 Chapter 4, Chapter 14, Chapter 37 Section 2 (A), Title 11 and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council approves the Johnston Farms subdivision subject to the following conditions: 1. Improvements of property frontage along 17th Street as specified by the City Engineer 2. Sidewalk connection along frontage of property and to the west to connect to existing sidewalk 3. There shall be a stubbed connection for the future connection to Greenfield Drive 4. Parks Contribution shall be paid per unit at the specified amount in the current Fee Resolution. 5. Sight-obscuring fence shall be installed on the east and south boundaries of the property. THEREFORE, the Ammon City Council approves the Johnston Farms subdivision subject to conditions, if any, in Section 4 of this approval and all city, county, state, and federal laws. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 7th day of September, 2020. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 Page 55 of 56 Ammon City Council 09.07.2023 NOTICE OF APPLICABLE RIGHTS Applicants have a right to request a regulatory taking analysis of this decision pursuant to Idaho Code §67-8003. Further, per Idaho Code §67-6535, and in accordance with Idaho Rule of Civil Procedure 84, an applicant or an affected person has the right to seek review of this decision. CERTIFICATE OF SERVICE I hereby certify that on this 8th day of, September, 2023, I served a true and correct copy of the foregoing document upon the following: Hamlet Homes \[x\] Mailing ATTN: Jon Southern \[x\] E-Mail: jons@hamlethomes.com 84 West 4800 South, Suite 200 Murray, UT 84107 Hamlet Homes \[x\] Mailing ATTN: Travis Morris \[x\] E-Mail: tmorris@hamlethomes.com 84 West 4800 South, Suite 200 Murray, UT 84107 Laird L. Johnston and Barbara A. Johnston \[x\] Mailing ATTN: Kathy Johnson \[x\] E-Mail: traviscjohnson1@gmail.com 3700 East 17th Street Ammon, ID 83406 _____________________________________________ City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 5 Page 56 of 56 Ammon City Council 09.07.2023