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03.21.2024 City Council Packet Ammon City Council 03.21.2024Page 1 of 76 1. 2. i. 1. 2. 3. 110 Ammon City Council 03.21.2024Page 2 of 76 1. 2. i. 1. 210 Ammon City Council 03.21.2024Page 3 of 76 2. 310 Ammon City Council 03.21.2024Page 4 of 76 410 Ammon City Council 03.21.2024Page 5 of 76 510 Ammon City Council 03.21.2024Page 6 of 76 610 Ammon City Council 03.21.2024Page 7 of 76 710 Ammon City Council 03.21.2024Page 8 of 76 810 Ammon City Council 03.21.2024Page 9 of 76 910 Ammon City Council 03.21.2024Page 10 of 76 3. 1010 Ammon City Council 03.21.2024Page 11 of 76 AMMON CITY COUNCIL MEETING THURSDAY, MARCH 14, 2024 4:30 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Council President Slack at 4:30 p.m. ACTION ITEMS: 1. Consent to Appointment Sid Hamberlin Ammon City Council 2. Resolution 2024-009 Street Levy Ballot Language DISCUSSION ITEMS: 1. Enforcement Annual Report 2. Building Annual Report 3. Spring Fee Resolution Updates 4. Financial Review 5. Wage Study Compensation Adjustments ACTION ITEMS: 3. Consideration of Wage Study Employee Compensation Adjustments EXECUTIVE SESSION: 1. Pursuant to Idaho Code 74-206 (1)(c) To acquire an interest in real property not owned by oyee, staff ACTION ITEMS: 4. Acquisition of Property First Street Right of Way ADJOURN MINUTES City Officials Present: City Officials Absent: Mayor Sean Coletti (via Zoom) City Administrator Micah Austin City Attorney Scott Hall Council President Russell Slack City Engineer Tracy Bono Councilmember Scott Wessel Councilmember Heidi Boyle City Planner Cindy Donovan Councilmember Kris Oswald Finance Director Jennifer Belfield Councilmember Jeff Fullmer HR Director April Forrest Code Enforcement Office Clarissa Jones Building Official Charles Allen City Clerk Kristina Buchan Ammon City Council Regular Meeting 03.14.2024 Page 1 of 4 Ammon City Council 03.21.2024Page 12 of 76 CALL TO ORDER: Council President Slack called the meeting to order at 4:30 p.m. It was moved by Council Member Fullmer and seconded by Council Member Boyle to amend the March 14th, 2024 agenda to add action item #2 considering Resolution 2024-009 Street Levy Ballot Language. Wessel, absent; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes. Motion passes unanimously with vote by roll call ACTION ITEMS: 1. Consent to Appointment Sid Hamberlin Ammon City Council Mayor Coletti reported that Sid Hamberlin had been chosen to fill Seat 6 left vacant by Craig Tibbitts after he was interviewed. Mayor added that Hamberlin originally ran during the regular election. Mayor and Council thanked him for his willingness to serve his community. It was moved by Council Member Slack and seconded by Council Member Oswald to consent to the appointment of Sid Hamberlin to fill seat #6. Wessel, absent; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes. Motion passes unanimously with vote by roll call 2. Resolution 2024-009 Street Levy Ballot Language City Administrator Austin added that this version includes official ballot language and meets the standards required by state statute. Austin added that it would be sent to the County to be added to the May ballot. It was moved by Council Member Slack and seconded by Council Member Boyle to approve Resolution 2024-009. Wessel, absent; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes. Motion passes unanimously with vote by roll call After some discussion related to the layout of the resolution and base upon advice give, Council returned to the Resolution to update the organization of the resolution, edit the question posed, and authorize the Mayor to sign. It was moved by Council Member Slack and seconded by Council Member Fullmer to approve Resolution 2024-009 with amendments reorganizing the ballot and authorizing the Mayor to sign. Wessel, absent; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes. Motion passes unanimously with vote by roll call DISCUSSION ITEMS: 1. Enforcement Annual Report Enforcement Officer Clarissa Jones reviewed her annual report outlining each of her calls and successes throughout the year. Ammon City Council Regular Meeting 03.14.2024 Page 2 of 4 Ammon City Council 03.21.2024Page 13 of 76 2. Building Annual Report Building Official Charles Allen reviewed his 2023 stats with Council and fielded any questions. 3. Spring Fee Resolution Updates City Administrator Micah Austin reviewed the proposed fee amendments and allowed each Department Head to explain their changes to Council. The changes will be noticed and a th hearing will be held on April 4. 4. Financial Review Finance Director Jennifer Belfield reviewed the financials with Council and discussed the proper way to read financials and the differences between standard and governmental funds. 5. Wage Study Compensation Adjustments HR Director April Forrest was present to answer any further questions from Council. Council and Staff discussed the work that had gone into the study and how the adjustments were decided as well as the pros and cons of implantation of wage adjustments at this time. ACTION ITEMS: 3. Consideration of Wage Study Employee Compensation Adjustments It was moved by Council Member Fullmer and seconded by Council Member Slack to approve the wage adjustments. Wessel, absent; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes. Motion passes unanimously with vote by roll call EXECUTIVE SESSION: 1. Pursuant to Idaho Code 74-206 (1)(c) To acquire an interest in real property not owned by It was moved by Council Member Slack and seconded by Council Member Boyle to enter into Executive Session Pursuant to Idaho Code 74-206 (1)(c) To acquire an interest in real property not owned by a public agency. Wessel, absent; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes. Motion passes unanimously with vote by roll call Council entered into Executive Session a 7:39 and exited at 7:52 ACTION ITEMS: 4. Acquisition of Property First Street Right of Way Ammon City Council Regular Meeting 03.14.2024 Page 3 of 4 Ammon City Council 03.21.2024Page 14 of 76 It was moved by Council Member Boyle and seconded by Council Member Fullmer to acquire the st Robinson 1 Street Right of Way property for $20,750.00. Wessel, absent; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes. Motion passes unanimously with vote by roll call ADJOURN The meeting adjourned at 7:55pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Meeting 03.14.2024 Page 4 of 4 Ammon City Council 03.21.2024Page 15 of 76 Ammon City Council 03.21.2024Page 16 of 76 Ammon City Council 03.21.2024Page 17 of 76 CITY OF AMMON BONNEVILLE COUNTY, IDAHO RESOLUTION NO. 2024-010R (Hearing, Considering and Disposing of Objections to Assessment Roll) FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 5 A RESOLUTION HEARING, CONSIDERING AND DISPOSING OF OBJECTIONS REGARDING THE ASSESSMENT ROLL FOR FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 5 FOR AMMON, IDAHO; PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTION. WHEREAS, the City of Ammon, Bonneville County, Citymunicipal corporation operating and existing under and pursuant to the provisions of the Constitution and laws of the State of Idaho, and as such is authorized and empowered to create local improvement districts and to construct improvements pursuant to Idaho Code, Title 50, Chapter 17; WHEREAS, the City Council of the City City Council, by Ordinance No. 654, adopted on January 21, 2021, duly created Fiber Optic Local Improvement District No. 5 for No. 5 fiber optic system improvements boundaries of Fiber LID No. 5 whose owners have affirmatively elected to be benefited by the Improvements and to incur the related assessment necessary to pay for the same; WHEREAS, the Citydelivered to the City its report and certified assessment roll related to the Improvements in Fiber LID No. 5; WHEREAS, after proper publication and mailing of notice to the owners of property within Fiber LID No. 5, a hearing was held on March 7, 2024 , at which time and place the objections of owners of property within Fiber LID No. 5 were heard by the City Council concerning the amount or apportionment of the assessment affixed upon their property as reflected in the Assessment Roll; WHEREAS, pursuant to Idaho Code Section 50-1714, the City Council has considered the report with respect to the apportionment and correctness of the assessments with regard to the amounts levied on any particular lot or parcel of land, including the benefits accruing thereon, and the proper apportionment of the total cost of the Improvements to be borne thereby, and the inclusion of any lot or parcel of land in Fiber LID No. 5; and WHEREAS, the City Council has considered and reviewed each objection properly filed by a property owner of a lot or parcel of land in Fiber LID No. 5, if any, all as itemized and described in Exhibit A attached hereto, and desires to dispose of each said objection, if any, all as itemized and described in Exhibit B attached hereto. THEREFORE, IT IS RESOLVED by the City Council as follows: Section 1. Objections to Assessment Roll. The objections to the Assessment Roll, as described in Exhibit A, were presented at the Public Hearing and have been considered. Section 2. Disposition of Objections. Disposition is hereby made, as set forth in Exhibit B, attached hereto and incorporated hereby by this reference, concerning each of the objections set forth in Exhibit A. Section 3. Sufficiency of Assessment Roll. The City Council shall, by subsequent ordinance, confirm the sufficiency of the Assessment Roll and said ordinance, once passed, shall be the final determination of the regularity, validity and correctness of the Assessment Roll, of each assessment contained therein, and of the amount levied on any particular lot or parcel of land, including the benefits accruing thereon and the proper proportionate share of the total costs of the Improvements to be borne thereby. No new public hearing shall be required in the event RESOLUTION NO. 2024-010R - Page 1 of 5 Ammon City Council 03.21.2024Page 18 of 76 47773.0008.16898793.1 that any assessments are decreased in any amount or are increased in an amount up to twenty percent (20%) of the amount of the assessment as provided in the mailed notice to property owners preceding the Public Hearing. Section 4. Severability. If any section, paragraph, clause, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of each section, paragraph, clause or provision shall in no manner affect any remaining provision of this Resolution. Section 5. Effective date of Resolution. This Resolution shall take effect and be in full force from and after its passage. PASSED by the Council of the City this 21st day of March, 2024. CITY OF AMMON, STATE OF IDAHO By: _________________________________ Sean Coletti, Mayor ATTEST: Kristina Buchan, City Clerk RESOLUTION NO. 2024-010R - Page 2 of 5 Ammon City Council 03.21.2024Page 19 of 76 47773.0008.16898793.1 I, the undersigned, City Clerk of the City of Ammon, Bonneville County, Idaho, hereby certify that the foregoing Resolution is a full, true, and correct copy of a Resolution duly adopted at a regular meeting of the was duly and regularly held at the regular meeting place of the City Council on March 21, 2024; all members of the City Council had due notice thereof; and a majority of the members were present. The following is the vote upon the Resolution: Councilmembers voting Yes: Councilmembers voting No: Councilmembers abstaining: Councilmembers absent: I further certify that the Resolution has not been amended, modified, or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the City on March 21, 2024. CITY OF AMMON, BONNEVILLE COUNTY, IDAHO By: Kristina Buchan, City Clerk RESOLUTION NO. 2024-010R - Page 3 of 5 Ammon City Council 03.21.2024Page 20 of 76 47773.0008.16898793.1 EXHIBIT A OBJECTIONS TO ASSESSMENT ROLL The following objections to the Assessment Roll for Fiber LID No. 5 were presented and at the Public Hearing held on March 7, 2024: Written or at Address of Public Name of Objector Property Hearing Objection Chris and Joelle 3697 Ellendale Cir Written Cost and connectivity - requesting do Anderson not install Brent and Terri 3245 Leroy Dr Written Cost - Official objection Thompson Jason Orgill 3863 Ridgeview Cir Written Cost - Object to 20% that may be applied Lance Walker 3820 Ross Ave Written Cost - Asks for assessment to be lowered for all Lisa Meyer 900 S Clara Ct Written Cost - Objection Geralee Walker 3460 Ross Ave Public Opposed Hearing; did not testify Lynn Durtschi 3858 Jordan Circle Public Opposed Cost; however, submitted Hearing subsequent letter to the City indicating he no longer is requesting to be removed from the assessment roll. Pam Prince 1625 Windsor Dr Public Would like to join Hearing RESOLUTION NO. 2024-010R - Page 4 of 5 Ammon City Council 03.21.2024Page 21 of 76 47773.0008.16898793.1 EXHIBIT B DISPOSITION OF OBJECTIONS TO ASSESSMENT ROLL The following dispositions are made concerning the objections to the Assessment Roll for Fiber LID No. 5 which were presented at the Public Hearing held on March 7, 2024. Name of Objector Address of Property Disposition of Objection Chris and Joelle 3697 Ellendale Cir Anderson Brent and Terri 3245 Leroy Dr Thompson Jason Orgill 3863 Ridgeview Cir Lance Walker 3820 Ross Ave Lisa Meyer 900 S Clara Ct Geralee Walker 3460 Ross Ave Lynn Durtschi 3858 Jordan Circle Pam Prince 1625 Windsor Dr RESOLUTION NO. 2024-010R - Page 5 of 5 Ammon City Council 03.21.2024Page 22 of 76 47773.0008.16898793.1 Ammon City Council Meeting March 21, 2024 Mayor Coletti and City Council Members: Blackrock Subdivision Final Plat and Standard Development Agreement (Formerly Fox Trot Commons) Staff Presenting: Cindy Donovan Planning Director Recommendation: Staff recommends approval based on the following staff report and subject to the Standard Development Agreement Compliance: - This application is in compliance with the Comprehensive Plan, Comprehensive Plan Future Land Use Map, Title 10 Chapter 29 Section 9 Requirements of the Final Plat, and Title 10, Chapter 35- Multi-Use Zone. Criteria for Decision: - Title 10, Chapter 29, Section 3 APPROVAL OF SUBDIVISION PLAT: No plat shall be recorded or offered for record until the plat has been reviewed by the Planning Commission and approved by the City Council and shall bear thereon the approval, by endorsement, of the Mayor, City Engineer and City Clerk. - Title 10, Chapter 29, Section 9 REQUIREMENTS OF THE FINAL PLAT, see attached - Title 10, Chapter 35 Multi-Use Zone, see attached - Title 10, Chapter 37, Section 1 Commercial District Uses, see attached Summary of Analysis: 1. City Council approved the design review on February 7, 2024 2. Current plat is shown as one lot with a Public Utility Easement (PUE) along the John Adams Parkway frontage and within the parking area. 3. John Adams Parkway is currently under construction and a frontage fee will be paid to the City 4. Property will be serviced by the Iona Bonneville Sewer District (IBSD) 5. The Standard Development Agreement will include the following items: - A maximum of 76 dwelling units shall be constructed - A minimum of 21,000 square feet of commercial space shall be constructed - Development plans shall allow for two-story construction as approved in the Design Review. - Developer shall pay $480.00 per residential unit to be dedicated to parks and open space improvements within the general vicinity of the development. Development Timeline: 1. On June 2, 2021, the Planning and Zoning Commission held a public hearing as required by Statute for the rezone application. 2. On June 17, 2021, the City Council voted to approve the rezone request. This approval is conditional upon the Developer agreeing to a Conditional Rezone Agreement. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 03.21.2024Page 23 of 76 3. On July 1, 2021, the City Council considered the Conditional Rezone Agreement. The recorded Conditional Rezone Agreement is attached. 4. On March 16, 2023, the City Council reviewed the revised site plan during the Discussion Items and were generally in favor of the revisions. 5. On February 7, 2024 the Design Review was approved by the City Council. 6. On March 6, 2024 the Planning and Zoning Commission recommended approval of the Final Plat subject to a Standard Development Agreement. Parcel Characteristics: - General Location: south of 1st Street, east of 25th East, north of 17th Street, west of Tie Breaker Drive - Acreage: 5.97 - Density: 13.27 units/acre - Zone: Conditional Rezone was approved on June 17, 2021 Multi-Use (MU) Standard Development Agreement includes: SC-1: A maximum of 76 dwelling units shall be constructed consistent with the design and exterior finishes as presented to the City Council on February 1, 2024. SC-2: A minimum of 21,000 square feet of commercial space shall be constructed consistent with the design and exterior finishes as presented to the City Council on February 1, 2024. SC-3: Development plans shall allow for two-story construction as approved in the Design Review. SC-4: Developer shall pay $426,159.55 frontage fees for development of John Adams Parkway, Curlew Drive north of John Adams Parkway, and bridge connecting to 25th East, as required in paragraph 6.12 and 6.25 above. SC-5: Developer shall pay the cost of the additional water connection as determined by the City Engineer. SC-6: All outdoor lighting fixtures and luminaires shall comply with the outdoor lighting standards established by the International Dark Sky Association. Development Contributions: Water Rights property is less than 10 acres, the City Council may exempt new developments comprising 10 acres or less from constructing a surface water irrigation system if the property owner of a proposed development deeds to the City of Ammon compensatory groundwater rights equivalent to the projected irrigation needs of the development. No groundwater right donation shall be less than 10 acres (40 acre feet) of groundwater rights. Projected irrigation needs shall be calculated according to the Minimum Compensatory Groundwater Rights Table. See attached Pressurized Irrigation Ordinance. Sewer Development is located in the Iona Bonneville Sewer District Jurisdiction Road Improvements Developer shall pay a frontage fee for construction of John Adams Parkway, including bridge to connect with 25th East, and Curlew Drive north from John Adams Parkway 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 03.21.2024Page 24 of 76 Parks Developer shall pay a Parks Contribution fee ($480/unit) based upon requirements within the Conditional Rezone Agreement Law Enforcement required in 6.34 of the Standard Development Agreement Sanitation Property will be serviced by commercially obtained sanitation services and dumpsters Fiber Development will be served by Ammon Fiber Planning and Zoning Commission: The Commission reviewed the Final Plat on March 6, 2024 The Commission recommended approval of the Final Plat unanimously : - Approval of the Blackrock Subdivision Final Plat - Presented by Brice Sadler, Summit Ridge Homes Motion: Approve I move to approve the Blackrock Subdivision final plat finding it is in compliance with the Comprehensive Plan and meets the City ordinance. Deny I move to deny the Blackrock Subdivision final plat finding it does not comply with the Comprehensive Plan or City ordinance based upon (state the reasons for denial). Continue I move to continue the Blackrock Subdivision final plat until further details can be obtained (list specific information required). Attachments: 1. Vicinity Map 2. Blackrock Subdivision Final Plat 3. Blackrock Subdivision Standard Development Agreement 4. Title 10 Chapter 29 Section 9 Requirements of the Final Plat 5. Title 10 Chapter 35 - Multi-Use Zone 6. Title 10 Chapter 37-2 (A) 7. Title 8 Chapter 10 Section 2 - Applicability 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 03.21.2024Page 25 of 76 6.48 Acres Ammon Land Legal Description Parcel Number: RPB00000224266 Legal Description: 6.475 AC E1\\/2 NW1\\/4 Ammon City Council 03.21.2024Page 26 of 76 Ammon City Council 03.21.2024Page 27 of 76 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/BLACKROCK SUBDIVISION) THIS AGREEMENT, made and entered into this ____ day of ____, 2024, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Summit Ridge Homes, LLC, a Utah Limited Liability Corporation, Party of the Second RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land 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 as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on March 6, 2024, the Blackrock Subdivision final plat was approved by the Planning and Zoning Commission; and WHEREAS, on , 2024, the Blackrock Subdivision final plat was approved by the City Council; and WHEREAS, the City Engineer has recommended to the City Council of the City that such subdivision be accepted subject to certain requirements and obligations on the part of the Developer; WHEREAS, on , 2024, the Mayor and City of Council of the City of Ammon, Idaho, considered the Blackrock Subdivision Standard Development Agreement for approval; and; WHEREAS, the City Council has agreed to accept platting of said lands subject to the following terms and conditions: BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 1 of 15 Ammon City Council 03.21.2024Page 28 of 76 NOW THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. 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 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. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Conditional Rezone Agreement was approved by the Ammon City Council on: July 1, 2021. 5.1.2. Design Review was approved by the Ammon City Council on February 7, 2024. 5.1.3. Final Plat approved by the Ammon City Council on ____________, 2024. 5.1.4. Improvement Drawings approved by the City Engineer on _____________2024. 5.2. Any material failure to comply with the terms and conditions of any of the above- referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development 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: 5.4.1. Plan review fees and inspection fees; 5.4.2. Amendments to building, plumbing, fire and other construction codes; BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 2 of 15 Ammon City Council 03.21.2024Page 29 of 76 5.4.3. City enactments that are adopted pursuant to State or federal mandates that 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, 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. 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 request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or utility improvements as shown on the community, conforming with the International Dark Sky Guidelines. If, the throughout the design and development process. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given for each improvement, upon the City Engineer finding the improvement meet standards, can be maintained by the City of Ammon, and will provide public benefits to the Ammon community. 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and 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. Acceptance and conveyance of any parcel in which a retention area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-case basis to ensure that the retention areas are a public benefit to the Ammon community. Additional improvements may include playground equipment, park amenities, walking paths, park structures, BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 3 of 15 Ammon City Council 03.21.2024Page 30 of 76 recreation amenities, or other improvements that enhance the public open space and provide benefit to the Ammon community. Satisfactory acceptance by the City of any above-grade improvements to retention areas shall be determined by the City Administrator. 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 without first amending the plat of record. 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. An 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 upon written acceptance by the City Engineer of said lines. 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 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 the 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 upon written acceptance by the City Engineer of said lines. 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 BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 4 of 15 Ammon City Council 03.21.2024Page 31 of 76 be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. 6.8. Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development. If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing the existing conditions prior to commencement of any construction. At the conclusion of the project, a post-construction survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing any damages caused by construction of the development. Developer shall mitigate and pay or otherwise reimburse City for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11. That Developer shall construct and install all such 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. 6.12. 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, 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 the paragraph above, provided such improvements are constructed by Developer. 6.13. 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. 6.14. That Developer shall immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 5 of 15 Ammon City Council 03.21.2024Page 32 of 76 request his inspection and written acceptance of such completed utility or street construction. 6.15. 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 item 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 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 Development Agreement and in the site plan, this Development Agreement shall, upon recording this Development Agreement, constitute a lien against all property in said Development other than those portions for which an occupancy permit has been issued. 6.16. 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. 6.17. That Developer agrees and covenants that prior to any construction or any improvements upon any of the area herein agreed, there shall be a preliminary plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer, as to any areas where improvements are to be commenced. 6.18. That Developer shall dedicate to the City that portion of the proposed property shown on the plats as public streets, easements, and public ways. 6.19. That Developer shall reimburse City for all past and future costs of publications relative to this development until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 6 of 15 Ammon City Council 03.21.2024Page 33 of 76 for development agreement and zoning changes, ordinance publication costs for development and public hearings, etc. 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 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 development agreement. 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 approval of a final plat 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, fiber ducts, fiber vaults, lighting 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 BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 7 of 15 Ammon City Council 03.21.2024Page 34 of 76 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. 6.26. That Developer shall request that the City form a lighting district upon recording of a final plat related to this agreement. Said district shall include all public street/security lighting related to the property 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. 6.27. That Developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That Developer shall petition the Eastern Idaho Regional Sewer District (EIRSD) or Iona Bonneville Sewer District (IBSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSD/IBSD fee as constituted by EIRSD/IBSD at prior to the time of the building permit application. Developer shall provide proof of payment to the City. 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. City shall not issue building permits until EIRSD/IBSD provides written verification that the development can be served for wastewater treatment. All other requirements necessary for the issuance of building permits, as required by the city, must also be met. 6.30. Developer shall install fiber duct and handhold boxes as provided for by City standards for fiber installation at the time of construction. In addition, thereto, the City shall collect and the Developer/property owner shall pay, the amount set by the fee schedule as adopted by the City Council when the building permit is issued. 6.31. Developer and/or property owner shall designate on the required building site plan the location where fiber duct end will terminate. All installation of fiber duct and related infrastructure shall be installed pursuant to the standards adopted by the City of Ammon. BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 8 of 15 Ammon City Council 03.21.2024Page 35 of 76 6.32. City shall, upon notification that the fiber duct has been installed, schedule installation of fiber and any other related equipment and infrastructure. 6.33. Developer shall pay the amount, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, four hundred eighty dollars ($480.00) per residential unit to be dedicated to parks and open space improvements within the general vicinity of the proposed development. All of the Parks Contribution Fees for the entire development shall be paid prior to issuance of any building permit. 6.34. Developer shall pay the Law Enforcement Contribution Fee, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, for each commercial and/or residential unit. 7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: A maximum of 76 dwelling units shall be constructed consistent with the design and exterior finishes as presented to the City Council on February 1, 2024. 7.2. SC-2: A minimum of 21,000 square feet of commercial space shall be constructed consistent with the design and exterior finishes as presented to the City Council on February 1, 2024. 7.3. SC-3: Development plans shall allow for two-story construction as approved in the Design Review. 7.4. SC-4: Developer shall pay $426,159.55 frontage fees for development of John Adams Parkway, Curlew Drive north of John Adams Parkway, and bridge connecting to 25th East, as required in paragraph 6.12 and 6.25 above. 7.5. SC-5: Developer shall pa the cost of the additional water connection as determined by the City Engineer. 7.6. SC-6: All outdoor lighting fixtures and luminaires shall comply with the outdoor lighting standards established by the International Dark Sky Association. 8. MISCELLANEOUS PROVISIONS. 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, BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 9 of 15 Ammon City Council 03.21.2024Page 36 of 76 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: Summit Ridge Homes, LLC 694 South 280 East Smithfield, UT 84335 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. 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, BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 10 of 15 Ammon City Council 03.21.2024Page 37 of 76 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 motion 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. CITY OF AMMON, IDAHO DEVELOPER By:___________________________ By: ____________________________ Sean Coletti, Mayor Brice Sadler, Summit Ridge Homes, LLC ATTEST: _______________________________ Kristina Buchan, City Clerk BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 11 of 15 Ammon City Council 03.21.2024Page 38 of 76 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2024 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to me be the Mayor of Ammon, the municipal corporation that executed the attached Development Agreement and acknowledged to me that such corporation 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 County of Bonneville On this _____ day of _______________, 2024 before me the undersigned, a Notary Public in and for said State, personally appeared Brice Sadler, known or identified to me to be the individual that executed the attached Development Agreement and acknowledged to me that such corporation 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: BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 12 of 15 Ammon City Council 03.21.2024Page 39 of 76 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Part of the Southeast Quarter Northwest Quarter Section 22, Township 2 North, Range 38 East of the Boise Meridian, to the City of Ammon, County of Bonneville, State of Idaho, described as: Beginning at a point S 89° -West Center Section Line and the proposed East right-of-way line of Curlew Drive; and running thence along said right- of-way the following four (4) courses: 1) NOO°12'OO"E 6.85 feet to a point of curve; 2) thence to the left along said curve 160.51 feet (Curve Data: Radius = 500.00 feet, feet) to a point of reverse curve; 3) thence to the right along said curve 142.02 feet (Curve Data: Radius = 440.00 feet, thence -tangent curve on the proposed centerline of John Adams Parkway; thence along said centerline the following two (2) courses: 1) to the right along said curve 558.34 feet of reverse curve; 2) thence to the left along said curve 403.10 feet (Curve Data: Radius = 540.00 feet, Delta = 42°46'13" Chord bears S37°22'30"E 393.81 feet); thence S33°46'09"W 40.04 feet to a non-tangent curve on the existing Southerly right-of-way of John Adams Parkway; thence along said right-of-way the following two (2) courses: 1) to the left along said curve 4.08 feet (Curve Data: Radius = 580.00 feet, Delta - 0002411", Chord bears 225.18 feet to the East-West Center Section Line of said Section 22; thence along said centerline N89°20'54"W 707.90 feet to Point of Beginning. BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 13 of 15 Ammon City Council 03.21.2024Page 40 of 76 EXHIBIT B TO DEVELOPMENT AGREEMENT APPROVED DESIGN REVIEW STANDARDS BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 14 of 15 Ammon City Council 03.21.2024Page 41 of 76 Ammon City Council 03.21.2024Page 42 of 76 Ammon City Council 03.21.2024Page 43 of 76 Ammon City Council 03.21.2024Page 44 of 76 Ammon City Council 03.21.2024Page 45 of 76 Ammon City Council 03.21.2024Page 46 of 76 Ammon City Council 03.21.2024Page 47 of 76 Ammon City Council 03.21.2024Page 48 of 76 Ammon City Council 03.21.2024Page 49 of 76 Ammon City Council 03.21.2024Page 50 of 76 Ammon City Council 03.21.2024Page 51 of 76 Ammon City Council 03.21.2024Page 52 of 76 Ammon City Council 03.21.2024Page 53 of 76 Ammon City Council 03.21.2024Page 54 of 76 Ammon City Council 03.21.2024Page 55 of 76 Ammon City Council 03.21.2024Page 56 of 76 Ammon City Council 03.21.2024Page 57 of 76 Ammon City Council 03.21.2024Page 58 of 76 Ammon City Council 03.21.2024Page 59 of 76 EXHIBIT C TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 BLACKROCK SUBDIVISION STANDARD DEVELOPMENT AGREEMENT - Page 15 of 15 Ammon City Council 03.21.2024Page 60 of 76 Ammon City Council 03.21.2024Page 61 of 76 Ammon City Council 03.21.2024Page 62 of 76 Ammon City Council 03.21.2024Page 63 of 76 CHAPTER 35 MULTI-USE ZONE 10-35-1: GENERAL OBJECTIVES AND CHARACTERISTICS: The purpose of the Multi-Use zone is to provide for a variety and mixture of uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family. Large scale commercial development may be allowed pursuant to the master plan allowances and, in most cases, should be allowed only along arterial roadways or on major collector streets. This zone is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure development of properties into a plan with coordinated and harmonious development. The zone is intended to integrate both existing and new land uses within close proximity to one another, providing for the daily shopping needs and often the recreational needs of the residents. Connection within the development to the different uses should be of prime consideration as well as connections to pedestrian friendly sidewalks and/or trails from outside of the development. The general area of service for easy travel and access would generally be within a one to two (1-2) mile traveling distance from any residential property. 10-35-2: ALLOWED USES: Pursuant to 10-35-6 only the uses designated as permitted uses or those shown as permitted with master plan approval on the zoning use table located below shall be allowed within the Multi-Use zone. Those uses shown as allowed by master plan approval are not an assumed right within the Multi-Use zone and shall be considered on a case by case basis and allowed in the sole discretion of the City Council with a recommendation by the Planning & Zoning Commission. USE Adult Business - (Sexually oriented businesses) NA Amateur Radio Operator Antennas (70' or under in height) A Amateur radio towers and antennas that do not meet all the requirements M (such as maximum height) of City code 1032 Communications Towers and Antennas Ambulance services M Amusement enterprises, such as merry-go-rounds, penny arcades, etc (by A conditional use permit). (Indoor only) Amusement enterprises, such as penny arcades, carousels, swimming pools M and dance halls (Outdoor) Amusement Park, such as water parks, merry-go-rounds, etc. (Outdoor) M Animal shows - Inside, Small Animal (By event permit) A Arts and crafts shows (By event permit) A Arts, entertainment or recreation facility, indoors (maximum of 5000 square A feet) Arts, entertainment or recreation facility, indoors (over 5000 square feet) M Arts, entertainment or recreation facility, outdoor stage or music venue M Athletic Clubs (maximum of 5000 square feet) A Athletic Clubs (over 5000 square feet) M Automotive - Fuel/Charging (service) stations (excluding super service A stations) (maximum of 5000 square feet) Page 1 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 64 of 76 USE Automotive - Service stations-Super M Automotive body shop NA Automotive gas station/service and/or repair shop NA Automotive repair NA Automotive storage NA Automotive washing facility (Car/Pickup and Commercial Trucks) M Automotive washing facility (Car/Pickup only) M Automotive, mobile home, travel trailer, and/or farm implement sales NA Bakeries (commercial) NA Bakery plant (wholesale) NA Banks/financial institutions (with or without drive-up service) (maximum of 5000 A square feet) Beauty/barber shop (maximum of 5000 square feet) A Beauty/barber shop (over 5000 square feet) M Bed and breakfast facility M Billboards (by conditional use permit) (refer to Chapter 34 for regulations) NA Boarding or lodging house or dormitory M Boat sales and repair (By Conditional Use Permit) NA Building material, garden equipment and supplies NA Building materials including storage yards NA Building supply stores, except material sales yards and accessory storage NA buildings Buildings accessory to and incidental to uses permitted in the zone NA Bus Depots NA Businesses and establishments with vehicular drive-in and drive-through A pickup facilities Cabinet shop NA Canvas products sales and fabrication (on site, retail only) NA Car lots-New NA Car lots-Used NA Catering service A Cellular and wireless phone dealerships (maximum of 5000 square feet) A Cellular and wireless phone dealerships (over 5000 square feet) M Cement, lime, gypsum, rock wool or plaster of paris manufacturing NA Cemetery M Childcare Center 13+ (within commercial area) A Childcare Family 1-5 A Childcare Group 6-12 A Christmas tree sales (maximum of 5000 square feet) A Church M Circuses and carnivals (By event permit) A Civic, social or fraternal organizations M Clinic (Medical) (maximum of 5000 square feet) A Clinic (Medical) (over 5000 square feet) M Coffee roasting facility (maximum of 5000 sq ft) M Coffee roasting facility (over 5000 sq ft) NA Commercial Condominium Projects pursuant to Idaho State Code Title 55, A Chapter 15 Page 2 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 65 of 76 USE Commercial garages, but not including the storage of wrecked or dismantled NA automobiles Commercial HVAC service establishments NA Community Garden M Computer sales, service, and maintenance (maximum of 5000 square feet) A Computer sales, service, and maintenance (over 5000 square feet) M Construction sand and gravel mining NA Contractor's yard and/or shop NA Convenience Store with no fuel/charging service (service station) (maximum of A 5000 square feet) Convenience Stores (excluding super service stations) (maximum of 5000 A square feet) Convenience Stores (including super service stations) (Over 5000 square feet) M Copy/Print/Blueprint retail centers (maximum of 5000 square feet) A Copy/Print/Blueprint retail centers (over 5000 square feet) M Craft Shops - no commercial sanding or cutting allowed (maximum of 5000 A square feet) Dairy farm NA Dancing and Music Schools/Studios (maximum of 5000 square feet) A Day/Massage spa (maximum of 5000 square feet) A Day/Massage spa (over 5000 square feet) M Delicatessens (maximum of 5000 square feet) A Delicatessens (over 5000 square feet) M Distillation of bones and organic fertilizer manufacturing NA Drive-in theater NA Drugstore and Pharmacies (maximum of 5000 square feet) A Drugstore and Pharmacies (over 5000 square feet) M Dry Cleaner & Laundry Plants A Dry Cleaners & Laundry w/Pick up service (maximum of 5000 square feet) M Emergency healthcare (maximum of 5000 square feet) A Emergency healthcare (over 5000 square feet) M Emergency services - Private for profit M Engraving, print shops (excluding those print presses that are half size or NA larger) Equipment rental and sales yard NA Explosive manufacture and storage NA Farm NA Farmers' markets (outdoor) (By event permit) A Fat rendering NA Feedlot and stockyard NA Flex space (Indoor open space for lease - Weddings, Conventions, etc.) A (maximum of 5000 square feet Flex space (Indoor open space for lease - Weddings, Conventions, etc.) (over M 5000 square feet) Food preparation plants, the operation of which is not obnoxious by reason of NA emission of odors, smoke, or noise Furniture repair shops NA Garages (commercial, but not including the storage of more than ten (10) NA wrecked or dismantled automobiles) Page 3 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 66 of 76 USE Garbage dumps or dead animal reduction NA Glass cutting and installation NA Glue manufacturing NA Golf course and related services M Government building, offices A Greenhouse(s) M Health/Athletic clubs, spas, weight reduction salons (maximum of 5000 square A feet) Health/Athletic clubs, spas, weight reduction salons (over 5000 square feet) M Healthcare or social services (maximum of 5000 square feet) A Heliport and passenger railroad stations. (By Conditional Use Permit) NA Heliports NA Home occupation A Horticulture (general) Horticulture is the branch of agriculture that deals with M the art, science, technology, and business of vegetable garden plant growing Hospital M Hotel and motel M Hotels and hospitals for human care NA Industry Limited NA Kennel (Commercial) M Laboratories M Laundries (commercial) NA Laundromat (maximum of 5000 square feet) A Laundromat (over 5000 square feet) M Library M Livestock auctions and activities related to the handling, transporting and NA selling of livestock Machinery sales establishments NA Manufacturing, processing and fabricating establishments except those in NA which explosives or other dangerous materials are used Microbrewery M Milk distribution stations, creameries, bottling works and similar businesses NA Milling or smelting of ores NA Mobile office M Mortuaries and funeral parlors M Museum M Music studios and other music related businesses M Night Clubs NA Non-flashing signs advertising the services performed within the structure as A permitted by Title 10, Chapter 34 Nonprofit Rehabilitation center NA Nursery, plant materials M Nursing or residential care facility M Offices; Business, professional and medical (maximum of 5000 square feet) A Offices; Business, professional and medical offices (Over 5000 square feet) M Parking lots and public garages for pay M Parking lots and structures NA Parking lots Off-street in conjunction with permitted uses A Parks, public and private A Page 4 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 67 of 76 USES Pawn shops NA Petroleum refining and refining of crank case oil NA Petting Zoo Area - (pursuant to Title 5, Chapter 3) M Plumbing and carpenter shops and similar NA Portable classroom M Private EV Charging Station A Public EV Charging Station A Public garages and public parking lots for pay NA Public or quasi-public use facilities A Public service facilities A Public, infrastructure A Radio and TV broadcast studios, but excluding antenna towers greater than NA thirty (30) feet in height above the average terrain Radio and TV studios, with antenna towers greater than thirty (30) feet in NA height above the average terrain permitted Research and development M Research laboratories, excluding activities hazardous to explosion or fire NA Residential - Dwelling, Accessory Unit A Residential - Dwelling, multi-family, two-family duplex A Residential - Dwelling, single-family attached (up to 8 units) A Residential - Dwelling, single-family detached A Residential - Manufactured home park M Residential - Mobile home (single unit) (temporary living quarters) M Residential - Multi-family dwelling (up to 8 attached) M Residential - Multi-family dwelling (9 or more attached) M Residential Condominium Projects pursuant to Idaho State Code Title 55, A Chapter 15 Restaurant (maximum of 5000 square feet) Beer/Wine allowed by use-Liquor A allowed pursuant to HC-1 Requirements Restaurant (including those with a drive-through) (Over 5000 square feet) M Restaurants (over 5000 square feet) (alcohol allowed pursuant to HC-1 M Requirements when approved on the master plan) Retail sales - (over 5000 square feet) M Retail store - Small scale (maximum of 5000 square feet) A Retail Wine/Beer Shop - Products available for both on and off premise A consumption (maximum of 5000 square feet) Riding academies/stables NA Roadside stand (temporary structure) A Rubber manufacture NA School, public or private M Semi-public swimming pools, including water parks M Service establishments, such as dyeing, cleaning or laundry plants, printing NA plants, machine shops, blacksmith shops Shooting range-Indoor (with conditional use permit approval) NA Shooting ranges - CUP - That outdoor shooting ranges shall be first approved NA as a conditional use by the Board of Adjustment Shopping center M Shopping mall NA Sidewalk Sales (within commercial area) A Page 5 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 68 of 76 USES Sign shop, including painting NA Small engine repair (mower, chain saws, etc.) M Sporting goods stores (maximum of 5000 square feet) A Sporting goods stores (Over 5000 square feet) NA Stock yards, feed yards or slaughter of animals NA Storage (enclosed building) M Storage (solid obscure fenced area) M Storage Units NA Street fair (Closures of Street by permit only) A Subdivision sales office A Taxi stands and Bus Stops A Theater Indoor M Tire shop, including recapping NA Trade fair (within Flex space) (Require Event Permit) A Truck stop NA Turf and/or tree farm NA Upholstery shop M Upholstery stores and repair shops NA Vehicle repair, minor NA Vertically integrated Commercial and/or Residential project (Including a M combination of commercial and residential) Veterinary Hospitals - Large or small animal (Over 5000 square feet) NA Veterinary Hospitals - Small animal (maximum of 5000 square feet) A Vineyard NA Welding, tool shop NA Wholesale distributing houses and warehouses NA Wholesale establishments with stock on premises, but excluding NA establishments, the principal activity of which is a storage warehouse Wireless/Communication facilities (enclosed building, tower height - 60' or less) A Wireless/Communication facilities (enclosed building, tower height - over 60' M Woodworking shop NA KEY ALLOWED IN DESIGNATED ZONE A NOT ALLOWED IN DESIGNATED ZONE NA ALLOWED WHEN APPROVED ON MASTER PLAN IN MULTI-USE ZONE M (ORIGINAL OR AMENDED) 10-35-3: RESIDENTIAL PROPERTY REQUIREMENTS: All properties used for residential purposes within the zone shall require platting for each residential structure or grouping of residential structures within the zone. Setbacks for all residential structures shall be applied based on the size of the lot and the related residential zone within the City Code that would allow the same size parcel and type of structure. For those residential structures that are platted and developed in a group setting where the property and/or structure may not be fronting on a public street, the setback from the side of the building containing the main doorway shall be a minimum of twenty (20) feet from any adjacent property line and/or required setback of any adjacent building (A minimum of forty (40) feet between facing residential structures shall be required). When the main entrance of one building faces the side of another building the minimum distance shall be determined by using the required setback for the front of one building and the required side yard requirement of the second building(s). The resulting open Page 6 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 69 of 76 space shall be landscaped as greenspace, necessary sidewalks/trails shall be allowed within the greenspace area. 10-35-4: SHARED COMPONENT PROPERTY REQUIREMENTS: All development activities within the zone are permitted only on platted lots. All adjoining lots used for commercial and/or residential purposes that have shared access to a public street, and any single lot containing more than one commercial entity and/or residence must comply as follows: (A) All structures and grounds must 1. Be under a single ownership OR 2. Meet the requirements of a condominium property pursuant to Title 55, Chapter 15, Idaho State Code, or 3. Have an agreement which shall be recorded at the time of plat recording for maintenance and maintenance costs which specifies the responsible party/parties for any and all costs not associated to a specific building lot or unit in the development (B) All properties sharing parking with adjacent commercial and/or residential development shall provide a recorded cross access agreement for all parking facilities within the shared parking area. Said agreement shall be recorded with the final plat or if recorded prior to the final plat a copy shall be submitted with the final plat request for recording. (C) Landscaping and sprinkler systems shall be incorporated within individual properties or shall comply with the ownership requirements as described within this section or by any other ordinance within the City. All required landscaping within an area designated for commercial and/or shared residential development on an approved master plan shall be cohesive in nature and shall be uniform throughout the areas within the master plan. All landscaping requirements shall comply with all policies and codes as adopted by the City of Ammon (D) Remodeled and converted structures and properties shall comply with all requirements of this section. 10-35-5: STANDARD DEVELOPMENT OR ANNEXATION AGREEMENT REQUIRED: (A) Multi-Use zoning that is approved based on a request for re-zone shall be subject to any existing development agreement and any additional requirements that may be included as a condition for approval of the rezone. (B) Multi-Use zoning which is incorporated as part of an initial annexation and zoning shall be subject to both an annexation agreement and future standard development agreements as property is platted. 10-35-6: MULTI-USE MASTER PLANS: A master plan incorporating the entirety of a property in a Multi-Use zone, shall be submitted to the Planning and Zoning Commission for recommendation and action of approval or denial by the City Council. Page 7 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 70 of 76 All master plans shall require a public hearing prior to approval. The master plan may be submitted for approval as part of a public hearing for an annexation with the multi-use zone requested as the designated zone, or for a re-zone request hearing. As part of a master plan approval, those uses listed as allowed by master plan approval shall be included as part of the master plan request documentation. The public hearing requirement for any master plan approval shall meet the requirements of Idaho Code 67-6509 and any additional requirements for hearings adopted by the City of Ammon. An application for a master plan shall be submitted on the Plan Review Application form and shall include all documentation required on the application form prior to assignment of a hearing date. Master plans are not required to show the exact locations of commercial and residential areas, rather it will be required to provide general locations of these areas within the master plan. It is the intent of the City to allow flexibility for placement and boundaries between other uses within the property designated as multi-use. Amendments to a master plan shall be approved through the same requirements as an original approval for said master plan. Any approval of an amended master plan may be subject to the revision of the special conditions within an existing annexation/standard development agreement. 10-35-7: QUALIFICATIONS RELATED TO USE OF THIS ZONE: The following shall be guidelines for the approval of a property to be zoned multi-use: (A) Prior to platting of property in a multi-use zone, a master plan approval showing the general areas of the different types of uses within the zone shall be received by the Planning and Zoning Commission with final approval of the City Council. (B) If it is determined that the development will service an existing area or development adjacent to the zone and meet the intent of the multi-use zone designation, use of the multi-use zone may be allowed to be entirely one type of use designation (commercial or residential). Access to adjacent zoning uses and development shall be a consideration in granting this type of multi-use zoning request. (C) If it is determined that the development will not service an existing area or development adjacent to the zone, it shall be required that the development contain a simple majority of commercial property based upon acreage Those areas that include vertical integration of commercial and residential property will require a simple majority of commercial area based on square footage. 10-35-8: USE OF PLANNED UNIT DEVELOPMENT OVERLAY (PUD): In some cases, the developer within the Multi-Use zone may wish to apply a PUD Overlay to a Multi-Use zone. In those cases, the developer shall be required to follow and adhere to all requirements of the PUD Overlay approval process as outlined within the City Code. 10-35-9: LIGHTING: Exterior lighting within the multi-use zone shall be required to meet the following standards: (A) Light overlap or trespass onto adjacent properties shall be taken into consideration as part of the review of all master plans. While lighting is not required to be provided on a master plan both the Planning and Zoning Commission and City staff may provide input in areas where such light overlap or trespass may be a concern. Lighting types to be considered include, but are not limited to, street lighting, parking Page 8 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 71 of 76 lot lighting, building exterior lighting, landscape lighting, plaza, walkway and trail lighting. (B) Any lights used to illuminate a site shall be arranged to reflect light away from the adjoining property. (C) Lighting design shall promote dark sky principles which seek to minimize light pollution and degradation of the nighttime skies by incorporating lighting practices that minimize the amount and area of illumination. Such practices include: 1. Providing lighting fixtures with lamp wattages designed for the minimum level required by the use. 2. Providing energy efficient light sources. 3. Minimizing light trespass and glare by aiming fixtures downward and shining light only where it is needed and providing appropriate shielding as necessary to ensure that little or no unwanted light falls directly onto adjacent property. 4. Minimizing the duration of illumination of certain light sources by having lights out as long as practical. Owners and tenants will be encouraged to limit the times of lighting within a development whenever practical. 5. Special attention shall be given by the developer regarding mixed use buildings that may provide both commercial and residential uses within the same building. At site plan review time, City Staff may make recommendations to the developer regarding possible lighting conflicts within the site accommodations when lighting may conflict between uses. (D) The developer shall install streetlights at locations required by the City Engineer and shall meet any standards or policies adopted by the City for street lighting. All street lighting shall continue to follow the requirements set forth in this ordinance regarding light overlap or trespass. (E) All street and public open space lighting required as part of a multi-use development shall be included into a lighting district prior to the final approval of any roadways or acceptance of any park/streets within the development. Said lighting district shall assess the cost of maintenance and power to all properties within the development on an equal per lot basis, unless at the time of formation of a lighting district the Board of Directors of the lighting district agrees and orders an assessment considered to be more equitable to the property owners within said district. 10-35-10: SIGNAGE: Signage that is within a multi-use development should be a major consideration of the Commission and the developer at the time of a master plan application. The following items shall be considered for any signage other than the required streets and traffic control signage which shall be as required by the City Engineer. (A) Poles signs above twenty (20) feet in height from grade level shall be reviewed for placement and encouraged to be within the development on the exterior boundaries of the multi-use development or as approved on the master plan along arterial roadways. (B) Poles signs within the interior of a multi-use development are discouraged and the developer encouraged to plan for a standardized interior signage requirement. Page 9 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 72 of 76 (C) Consideration on interior signage should be given where commercial and residential buildings are adjacent to or part of the same building. (D) All signage is encouraged to be energy efficient. (E) All signage lighting should be designed to keep lighting overlap into adjacent properties at a minimum, especially residential use properties. (F) All signage requested on buildings within the multi-use zone where both a commercial and residential use is contained shall follow the dark sky principals and should be designed to alleviate up lighting and lighting into residential portions of the building. The developer shall be required to provide a lighting analysis showing the dark sky principals have been followed in the design of any on-building signs used for commercial business location or for building identification signage. 10-35-11: SPECIAL PROVISIONS: (A) No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal residential activities and movement of automobile traffic. (B) Landscaping shall be as set forth in section 10-5-24. (C) All merchandise, equipment, and other materials, except vehicles in running order and seasonal merchandise such as nursery stock, fruits and vegetables within a commercial area, within a commercial/residential area or any multi-use residential area with more than four (4) attached living units, shall be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (D) All commercial sanitation dumpsters shall be required to be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (E) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. Page 10 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 03.21.2024Page 73 of 76 10-37-2 (A) RESIDENTIAL DISTRICT USES RE1.0043,560125'70%50'20'25'1,5002,60035'30'PP1.00 RP2.50 12,000 100'70%30'10'25'1,4002,40035'30'PP1.00 P6, P7 RP-A2.50 10,000 90'70%30'10'25'1,2002,00035'30'PP1.00 R-14.00 5,000 50'70%30'8'25'1,0001,50035'30'PP1.00 P6, P7 R-1 prior to 6-27-13 4.00 8,000 80'70%30'8'25'1,0001,50035'30'PP1.00 P6, P7 R1-A4.00 5,000 sq ft/unit 100'70%30'P1, 8'25'1,0001,50035'30'PP2.00 P6, P7 14' total with a minimum of 4' on one side RS6.00 4,000 50'50%25'20'800 1,20035'20'P1.00 R-28.00 P2 100'65%30'P1, 8'25'900 1,30035'30'P4.0010'P6, P7 R2-A12.00 P3 100'65%30'P1, 8'25'1,100 40'30'Pup to 8.0010'Fence P6, P7 P R-316.00 P4 100'65%30'P1, 8'25'1,000 40'30'Pup to 16.0010'Fence P6, P7 P R3-A20.00 P5 100'65%30'P1, 8'25'1,000 40'30'Pup to 20.0010'Fence P6, P7 P RMH4.00 8,000 sq ft 50'70%30'P1, 8'25'1,000 35'30'P1.00 MU20' Not Permitted PPermitted P1There shall be no side yard requirement for the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls with the following requirements: a) At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero lot line, the side yard requirement shall be no less than four (4) feet from the foundation of the detachment to the property line. b) For detached portions that are at the front of an attached dwelling, there shall be no less than four (4) feet from the foundation of the detachment to the property line and there shall be no more than four (4) feet running front to back of the dwelling that shall be detached from the dwelling sharing the party wall/common wall. c) There shall be an attached party wall/common wall of no less than twelve (12) feet between any attached dwellings permitted within this chapter or any subsequent chapter allowing single family attached dwellings. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P2 feet. For each building containing three or four dwelling units the minimum lot area is 18,000 square feet. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P3 feet. For each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit. P4For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square P5 feet. For each building containing three or more dwelling units the minimum lot area is 12,200 sq. ft. plus 2,200 sq. ft. for each dwelling unit. P6Family Child Care Facility - five (5) or fewer children P7Group Child Care Facility - six (6) to twelve (12) children 8192021 Ammon City Council 03.21.2024Page 74 of 76 8-10-2: APPLICABILITY A.The requirements of this chapter shall be applicable to all developments that are serviced or will be serviced by the City of Ammon Water Service utility as defined by Chapter 3 of the Codified Ordinances of the City of Ammon. B.Pursuant to §67-6537 of Idaho Code, all applicants proposing to make land use changes shall be required to use surface water, where reasonably available, as the primary water source for irrigation. Surface water shall be deemed reasonably available if: 1. A surface water right is, or reasonably can be made, appurtenant to the land; or 2. The land is entitled to distribution of surface water from an irrigation district, canal company, ditch users association, or other irrigation delivery entity, and the 3. An irrigation district, canal company, or other irrigation delivery entity has sufficient available surface water rights to apportion or allocate to the land and has a distribution system capable of delivering the water to the land. B. Provided the criteria in Section 8-10-2(A) are met, the City Council may exempt new developments comprising 10 acres or less from constructing a surface water irrigation system if the property owner of a proposed development deeds to the City of Ammon compensatory groundwater rights equivalent to the projected irrigation needs of the development. No groundwater right donation shall be less than 10 acres (40 acre feet) of groundwater rights. Projected irrigation needs shall be calculated according to the Minimum Compensatory Groundwater Rights Calculation Table contained in this section C. Provided the criteria of Section 8-10-2(A) are not met, the property owner of a proposed development shall deed to the City of Ammon compensatory groundwater rights equivalent to the projected irrigation needs of the development. No groundwater right donation shall be less than 10 acres (40 acre feet) of groundwater rights. Projected irrigation needs shall be calculated according to the Minimum Compensatory Groundwater Rights Calculation Table contained in this section. D. Minimum Compensatory Groundwater Rights Calculation Table: E. In lieu of receiving deeded groundwater rights, the City Council may accept a cash payment equivalent to the currently appraised value of groundwater rights required and calculated in theGroundwater Rights Calculation Table. Cash payments paid in lieu of deeded groundwater rights shall be receipted by the City prior to approval of any building permits for the development. F. Any property annexed into the City of Ammon shall agree to constructing a pressurized irrigation system utilizing surface water and deed all surface water and groundwater rights appurtenant to the property to the City of Ammon as a condition of annexation. G. Any property with access to a pressurized irrigation system shall not be connected to Ammon City Council 03.21.2024Page 75 of 76 groundwater for outside irrigation. H. Any property located within a subdivision that is required or will be required to provide pressurized irrigation to all properties shall not be connected to the groundwater system for outside irrigation at any time. Ammon City Council 03.21.2024Page 76 of 76