04.04.2024 City Council Packet
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PROCEDURES
PROCEDURE TO ADOPT AN ORDINANCE
Ordinance No. 715 introduced and read by title.
An Ordinance approving and confirming the assessment roll of Fiber Optic Local
Improvement Di
financing the design, acquisition, construction and installation of certain fiber optic system
improvements and related appurtenances within the boundaries of Fiber LID No. 5; levying
assessments and prescribing details thereof; providing for certification of the assessment
roll for Fiber LID No. 5 and for the filing of notice of this Ordinance with the Recorder of
Bonneville County, Idaho; making a final determination of the regularity, validity and
correctness of the assessment roll and finding and providing for the appeal procedure;
providing for the publication of a summary of this Ordinance; and providing for other
matters properly relating thereto.
Councilperson moves:
Councilperson seconds:
Roll call vote on motion.
Ordinance again read by title.
An Ordinance approving and confirming the assessment roll of Fiber Optic Local
financing the design, acquisition, construction and installation of certain fiber optic system
improvements and related appurtenances within the boundaries of Fiber LID No. 5; levying
assessments and prescribing details thereof; providing for certification of the assessment
roll for Fiber LID No. 5 and for the filing of notice of this Ordinance with the Recorder of
Bonneville County, Idaho; making a final determination of the regularity, validity and
correctness of the assessment roll and finding and providing for the appeal procedure;
providing for the publication of a summary of this Ordinance; and providing for other
matters properly relating thereto.
Councilperson moves:
ance No. 715 and summary as an ordinance of the City of Ammon on
Councilperson seconds:
Roll call vote.
Ammon City Council 04.04.2024Page 37 of 88
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
ORDINANCE NO. 715
(Approving and Confirming the Assessment Roll of
Fiber Optic Local Improvement District No. 5)
FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 5
An Ordinance approving and confirming the assessment roll of
Fiber Optic Local Improvement District No. 5 for Ammon, Idaho
No. 5for the purpose of financing the design,
acquisition, construction and installation of certain fiber optic
system improvements and related appurtenances within the
boundaries of Fiber LID No. 5; levying assessments and
prescribing details thereof; providing for certification of the
assessment roll for Fiber LID No. 5 and for the filing of notice of
this Ordinance with the Recorder of Bonneville County, Idaho;
making a final determination of the regularity, validity and
correctness of the assessment roll and finding and providing for the
appeal procedure; providing for the publication of a summary of
this Ordinance; and providing for other matters properly relating
thereto.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMMON,
BONNEVILLE COUNTY, IDAHO, AS FOLLOWS:
WHEREAS, the City of Ammon, Bonneville City, is a municipal
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
;
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
Ammon, Idaho (Fiber LID No. 5 the costs and expenses of
design, acquisition, construction and installation of certain fiber optic system improvements and
within Fiber LID No. 5 to benefit those
certain properties within the 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 City Engineer has prepared and provided to the City his certified report
detailing the total cost and expenses of the Improvements and the amounts payable from
assessments and other sources, as applicable, together with the form of assessment roll showing
the amount chargeable to each lot or parcel of property within Fiber LID No. 5
according to the benefits derived method of assessment, subject to the City
recommended variations therefrom, if any, and as may be corrected by the City Council; and
such Assessment Roll has been filed in the office of the Clerk of the and
made available for public inspection;
WHEREAS, notice of the time and place of hearing (Notice of Hearing) on the
Assessment Roll was duly and regularly given to all property owners within Fiber LID No. 5 by
publication thereof and by mailing to all property owners in the manner required by law, and the
hearing was duly and regularly held on March 7, 2024, pursuant to said notice, at the time and
place fixed for said hearing;
WHEREAS, the City Council has considered and disposed of all objections duly filed by
property owners and has corrected the Assessment Roll in relation to the benefits accruing
ORDINANCE NO. 715 - Page 1
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47773.0008.16929745.3
thereon as a result of the Improvements, in the manner required by law, which corrected
Assessment Roll is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the City Council now desires to confirm the Assessment Roll as corrected
by the City Council, and to levy the assessments.
NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDAINED BY THE
CITY COUNCIL OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, AS
FOLLOWS:
Section 1. Confirmation of Assessment Roll; Levy of Assessments. The City
Council hereby approves and confirms the Assessment Roll for Fiber LID No. 5 attached hereto
as Exhibit A, and the assessments set forth therein are hereby levied and assessed against each
lot, tract and parcel of property described in the Assessment Roll.
Section 2. Property Affected. Each lot or parcel of land and other property shown
upon the Assessment Roll is hereby found to be benefited to the amount of the assessment levied
thereon. No single assessment has been increased in an amount greater than twenty percent
(20%) of the amount of the assessment as set forth in the Notice of Hearing, except where
specifically requested by the property owner(s) assessed. In establishing assessment amounts, the
City -1711, Idaho Code, is determined
the value of similar properties, as provided by
the County Assessor.
Section 3. Certification of Assessment Roll; Recordation of Notice. The City
Clerk, upon passage of this Ordinance, is directed to certify and file in the records of the
the confirmed Assessment Roll and, upon such
filing, the amount of each assessment set forth in the Assessment Roll shall be due and payable
to the City Treasurer, and shall become a lien against the property so assessed in the amount of
each assessment together with any interest or penalty imposed from time to time. The City Clerk
shall cause to be recorded in the records of Bonneville County, Idaho, a notice of adoption of this
Ordinance, the date of the Ordinance, and the description of the boundaries of Fiber LID No. 5.
Upon recordation of such notice, the assessments shall constitute liens upon the property
assessed paramount and superior to any other lien or encumbrance whatsoever, theretofore or
thereafter created, except a lien for general taxes.
Section 4. Due Date of Assessments; Payment in Installments. Said assessments
shall become due and payable to the City Treasurer within thirty (30) days from the date of the
adoption of this Ordinance (May 4, 2024), or, if such date is not a business day for the City, on
the next business day thereafter (May 6, 2024). Upon passage of this Ordinance, the City
Treasurer shall mail a notice of the assessment amount due to each property owner assessed at
his/her post office address, if known, or if unknown, to the post office in Ammon, Idaho, stating
the total amount of the property owner's assessment, plus the substance of the terms of payment
of the same (the The Notice of Assessment shall be substantially in the
form of Exhibit B attached hereto and incorporated herein by this reference. An affidavit of
mailing the foregoing notices in substantially the form attached as Exhibit C hereto,
incorporated herein by this reference, shall be filed in the office of the City Treasurer in the file
of Fiber LID No. 5.
Any property owner who has not paid his assessment in full within said thirty-day (30)
period will be conclusively presumed to have chosen to pay the same in up to twenty (20) annual
installments of principal and interest, the first of which shall become due and payable on May 4,
2025, with a like amount due on the same day of each year thereafter until the full amount of the
assessment, with interest due thereon, shall be paid in full. Assessments paid in installments shall
bear interest on the unpaid amount of the assessment from and after May 7, 2024. The rate of
interest per annum which such installments shall bear is hereby fixed at the rate of interest to be
borne by the local improvement district bonds to be issued to finance the Improvements (the
, which rate will be five percent (5%). If any installment is not paid
within twenty (20) days from the date it is due, the same shall become delinquent and the City
Treasurer shall add a penalty of two percent (2%) thereon. Installments may be prepaid in the
manner provided by Section 50-1715, Idaho Code.
ORDINANCE NO. 715 - Page 2
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47773.0008.16929745.3
Section 5. Installment Docket. The City Treasurer shall, upon passage of this
Ordinance, establish a Local Improvement Installment Docket for Fiber LID No. 5, as provided
in Section 50-1717, Idaho Code.
Section 6. Cost and Expenses. The total cost and expenses of the Improvements
include the contract price of the Improvements, together with any costs or expenses incurred for
engineering, clerical, printing and legal services as well as for advertising, surveying, inspection
of work, administration and collection of assessments, interest upon bonds or warrants, and an
amount for contingencies as may be considered necessary by the City Council.
Section 7. Final Determination and Finding; Appeal Rights. The confirmation of
the Assessment Roll for Fiber LID No. 5 herein made is a final determination of the regularity,
validity and correctness of said Assessment Roll, of each assessment contained therein, and of
the amount levied on each lot or parcel of land or other property within Fiber LID No. 5, subject
to the right of appeal as set forth in Section 50-1718, Idaho Code.
Any person who has filed a protest to the Assessment Roll, or any other person who feels
aggrieved by the decision of the City Council then confirming said Assessment Roll, shall have
the right to appeal. Such appeal shall be made within thirty (30) days from the date of publication
of this Ordinance or a summary hereof, by filing a written notice of appeal with the City Clerk
and with the clerk of the District Court of Bonneville County, Idaho, describing the property and
objections of the appellant.
After said thirty-day (30) appeal period has run, no one shall have any cause or right of
action to contest the legality, formality, or regularity of any assessment for any reason
whatsoever and, thereafter, said assessments and the liens thereon shall be considered valid and
incontestable without limitation.
Section 8. Ratification of Proceedings. All proceedings heretofore had in
connection with the creation of Fiber LID No. 5, the preparation and adoption of the Assessment
Roll, and hearing thereon, and the giving of notice of said hearing on objections to said
Assessment Roll, are hereby in all respects ratified, approved, and confirmed.
Section 9. Irrepealability. From and after the date of issuance of the Fiber LID No.
5 Bonds, this Ordinance shall be and remain irrepealable until such Fiber LID No. 5 Bonds and
the interest thereon shall be fully paid and discharged.
Section 10. Severability. If any section, paragraph, clause or provision of this
Ordinance 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 Ordinance.
Section 11. Enforceability Clause. The City shall enforce and seek remedies for
breaches of the terms of this Ordinance, as provided by the laws of the State of Idaho.
Section 12. Publication and Effective Date. After its passage and adoption, a
summary of this Ordinance, substantially in the form attached hereto as Exhibit D, shall be
published once in the official newspaper of the City, under the provisions of the Idaho Code, and
upon such publication shall be in full force and effect.
\[The following page is the execution page.\]
ORDINANCE NO. 715 - Page 3
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47773.0008.16929745.3
PASSED at a regular meeting of the City Council of the City of Ammon, Bonneville
County, Idaho, held on the 4th day of April, 2024
CITY OF AMMON, BONNEVILLE
COUNTY, IDAHO
By: _________________________________
Sean Coletti, Mayor
ATTEST:
Kristina Buchan, City Clerk
ORDINANCE NO. 715 - Page 4
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47773.0008.16929745.3
I, the undersigned, City Clerk of the City of Ammon, Bonneville County, Idaho, hereby
certify that the foregoing Ordinance No. 715 is a full, true, and correct copy of an Ordinance
duly adopted at a regular meeting of the
duly and regularly held at the regular meeting place of the City
Council on April 4, 2024; all members of the City Council had due notice thereof; a majority of
the members were present; and that at said meeting said Ordinance was adopted by the following
vote:
Councilmembers voting Yes:
Councilmembers voting No:
Councilmembers abstaining:
Councilmembers absent:
I further certify that I have carefully compared the same with the original Ordinance No.
715 on file and of record in my office; that said Ordinance is a full, true, and correct copy of the
original Ordinance adopted at said meeting; and that said Ordinance has not been amended,
modified, or rescinded since the date of its adoption, and is now in full force and effect.
I have set my hand on April 4, 2024.
CITY OF AMMON,
BONNEVILLE COUNTY, IDAHO
Kristina Buchan, City Clerk
ORDINANCE NO. 715 - Page 5
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47773.0008.16929745.3
EXHIBIT A
ASSESSMENT ROLL
(attached)
EXHIBIT A
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EXHIBIT B
FORM OF NOTICE OF ASSESSMENT
Parcel Number:
Owner:
Address:
Assessment Amount: $
NOTICE OF ASSESSMENT
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 5
715
Assessment Roll for Fiber Optic Local Improvement District No. 5 Fiber LID No.
5acquisition, construction and installation of certain fiber
within Fiber
LID No. 5 to benefit those certain properties within the 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. The property and the assessment with reference to which this notice is
given is reflected above.
The above assessment may be paid in full by May 6, 2024, such date being the next City business
day following thirty (30) days after adoption of the Ordinance on April 4, 2024, without penalty, interest
or costs at the address provided below. The Fiber LID No. 5 assessment is payable to the City. If the
assessment is not paid in full by said date, the assessment will be payable in up to twenty (20) annual
installments of principal and interest, with the first installment due on May 4, 2025. The City will send
out annual statements for the installment assessment amount due each year. The rate of interest on
assessments to be paid in installments, accruing from May 7, 2024, will be the rate of interest to be borne
by the local improvement district bonds to be issued to finance the Improvements, which rate will be five
percent (5%) per annum.
If any installment is not paid within twenty (20) days from the date it is due, the same shall
become delinquent and a penalty of two percent (2%) of said delinquent installment shall be added
thereto. In addition to any other method of collection provided by law, the City Council may certify
delinquent installments to the tax collector, and when so certified they shall be extended on the tax rolls
and collected as are property taxes, pursuant to the provisions of chapter 10, title 63, Idaho Code.
DATED this ____ day of April, 2024.
CITY OF AMMON, BONNEVILLE COUNTY,
IDAHO
Jennifer Belfield, City Treasurer
Please remit payment to: City of Ammon (Fiber LID No. 5)
Attention: City Treasurer
2135 South Ammon Road
Ammon, ID 83406
EXHIBIT B
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EXHIBIT C
FORM OF AFFIDAVIT OF MAILING OF NOTICES OF ASSESSMENT
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
AFFIDAVIT OF MAILING
NOTICES OF ASSESSMENTS FOR
FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 5
STATE OF IDAHO )
) ss.
COUNTY OF BONNEVILLE )
Jennifer Belfield, being first duly sworn on oath, deposes and states:
1. That the undersigned is the Treasurer for the City of Ammon, Bonneville County, Idaho
City
2. That pursuant to Idaho Code Section 50-1716 and in accordance with City Ordinance No.
715 , passed by the City Council of the City on April 4, 2024, the
undersigned mailed or caused to be mailed a Notice of Assessment to each of the record
owners of the property within Fiber Optic Local Improvement District No. 5 for Ammon,
Idaho Fiber LID No. 5
post office in Ammon, Idaho, as reflected on the assessment roll for Fiber LID No. 5 (the
irmed by adoption of the
Ordinance. Each mailed notice stated the amount of the individual assessment.
3. That attached as Exhibit 1 to this Affidavit is the form of Notice of Assessment mailed to
each record owner listed on the Assessment Roll, an individualized version of which was
mailed to each record owner of property within the limits of Fiber LID No. 5.
4. Pursuant to Idaho Code Section 50-1716, this Affidavit shall be filed in the office of the
undersigned City Treasurer prior to May 4, 2024, which is thirty (30) days after the date
of adoption of the Ordinance.
DATED this _____ day of April, 2024.
__________________________________
Jennifer Belfield
SUBSCRIBED AND SWORN TO before me the _____ day of April, 2024.
____________________________________
Notary Public for Idaho
Residing at:__________________________
Commission Expires:__________________
EXHIBIT C
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47773.0008.16929745.3
EXHIBIT 1
FORM OF NOTICE OF ASSESSMENT
Parcel Number:
Owner:
Address:
Assessment Amount: $
NOTICE OF ASSESSMENT
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 5
715
Assessment Roll for Fiber Optic Local Improvement District No. 5 Fiber LID No.
5acquisition, construction and installation of certain fiber
optic system within Fiber
LID No. 5 to benefit those certain properties within the 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. The property and the assessment with reference to which this notice is
given is reflected above.
The above assessment may be paid in full by May 6, 2024, such date being the next City business
day following thirty (30) days after adoption of the Ordinance on April 4, 2024, without penalty, interest
or costs at the address provided below. The Fiber LID No. 5 assessment is payable to the City. If the
assessment is not paid in full by said date, the assessment will be payable in up to twenty (20) annual
installments of principal and interest, with the first installment due on May 4, 2025. The City will send
out annual statements for the installment assessment amount due each year. The rate of interest on
assessments to be paid in installments, accruing from May 7, 2024, will be the rate of interest to be borne
by the local improvement district bonds to be issued to finance the Improvements, which rate will be five
percent (5%) per annum.
If any installment is not paid within twenty (20) days from the date it is due, the same shall
become delinquent and a penalty of two percent (2%) of said delinquent installment shall be added
thereto. In addition to any other method of collection provided by law, the City Council may certify
delinquent installments to the tax collector, and when so certified they shall be extended on the tax rolls
and collected as are property taxes, pursuant to the provisions of chapter 10, title 63, Idaho Code.
DATED this ____ day of April, 2024.
CITY OF AMMON, BONNEVILLE COUNTY,
IDAHO
Jennifer Belfield, City Treasurer
Please remit payment to: City of Ammon (Fiber LID No. 5)
Attention: City Treasurer
2135 South Ammon Road
Ammon, ID 83406
EXHIBIT C
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47773.0008.16929745.3
EXHIBIT D
SUMMARY OF ORDINANCE NO. 715
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
FIBER OPTIC LOCAL IMPROVEMENT DISTRICT NO. 5
An Ordinance approving and confirming the assessment roll of
Fiber Optic Local Improvement District No. 5 for Ammon, Idaho
No. 5the purpose of financing the design,
acquisition, construction and installation of certain fiber optic
system improvements and related appurtenances within the
boundaries of Fiber LID No. 5; levying assessments and
prescribing details thereof; providing for certification of the
assessment roll for Fiber LID No. 5 and for the filing of notice of
this Ordinance with the Recorder of Bonneville County, Idaho;
making a final determination of the regularity, validity and
correctness of the assessment roll and finding and providing for the
appeal procedure; providing for the publication of a summary of
this Ordinance; and providing for other matters properly relating
thereto.
A summary of the principal provisions of Ordinance No. 715 of the
City of Ammon, Bonneville County, Idaho City, passed on April 4, 2024, is set forth
below. Capitalized terms used in this summary shall have the meaning given them in the
Ordinance.
Section 1: Confirmation of Assessment Roll; Levy of Assessments. Confirms the
assessments shown on the Assessment Roll for Fiber LID No. 5 and the
assessments of property within the boundaries of Fiber LID No. 5, which
boundaries are described on Exhibit 1 attached hereto.
Section 2: Property Affected. Provides that each property within the boundaries of Fiber
LID No. 5 is benefited to the amount of the assessment levied thereon.
Section 3: Certification of Assessment Roll; Recordation of Notice. Directs the City Clerk
to certify and file the confirmed Assessment Roll with the City Treasurer, and
the City Clerk to record notice of adoption of the Ordinance with the Bonneville
County Recorder. Upon recordation, the assessments shall constitute liens upon
the property assessed paramount and superior to any other lien or encumbrance
whatsoever, theretofore or thereafter created, except a lien for general taxes.
Section 4: Due Date of Assessments; Payment in Installments. Provides that property
owners have thirty (30) days from the date of adoption of the Ordinance (May
4, 2024), or, if such date is not a business day for the City, on the next business
day thereafter (May 6, 2024), to prepay their assessments, otherwise they will
be deemed to have decided to pay said assessments in up to twenty (20) annual
installments of principal and interest, with the first installment due on May 4,
2025 and a like amount due on the same day of each year thereafter until the
full amount of the assessment, with interest due thereon, shall be paid in full.
The rate of interest per annum which such installments shall bear is fixed at the
rate of interest to be borne by the local improvement district bonds to be issued
to finance the Improvements, which rate will be five percent (5%).
Section 5: Installment Docket. Directs the City Treasurer to establish a docket for Fiber
LID No. 5 as provided by Idaho Code.
Section 6: Cost and Expenses. Details the total cost and expenses of the financed
Improvements within the boundaries of Fiber LID No. 5.
EXHIBIT D
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47773.0008.16929745.3
Section 7: Final Determination and Finding; Appeal Rights. Provides for an appeal
procedure of the amount of assessments and states the process for said appeal.
This section also provides that once the 30-day appeal period has expired, no
one shall have the cause or right to contest the legality, formality or regularity
of any assessment within Fiber LID No. 5.
Section 8: Ratification of Proceedings. Ratifies all proceedings heretofore had in
connection with Fiber LID No. 5 and the Assessment Roll.
Section 9: Irrepealability. Provides that the Ordinance is irrepealable after the issuance of
the bonds to finance the Improvements within Fiber LID No. 5, until such
bonds are paid and discharged.
Section 10: Severability. Provides that if any section of the Ordinance is invalid or
unenforceable, that invalidity will not affect the remainder of the Ordinance.
Section 11: Enforceability Clause. Provides that the City will enforce and seek remedies
for breaches of the terms of the Ordinance under the laws of the State of Idaho.
Section 12: Publication and Effective Date. Provides for a publication of this summary of
the Ordinance in the official newspaper of the City, and upon publication, the
Ordinance shall be in full force and effect.
Exhibit A: Provides the Assessment Roll for Fiber LID No. 5.
Exhibit B: Sets forth the substantial form of Notice of Assessment.
Exhibit C: Sets forth the substantial form of Affidavit of Mailing of Notices of
Assessment.
Exhibit D: Sets forth the substantial form of this Summary for publication.
The full text of the Ordinance is available at the office of the City Clerk and will be
provided to any citizen upon personal request during normal business hours.
DATED this ___ day of April, 2024.
CITY OF AMMON, BONNEVILLE
COUNTY, IDAHO
By: _________________________________
Sean Coletti, Mayor
ATTEST:
Kristina Buchan, City Clerk
EXHIBIT D
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47773.0008.16929745.3
CERTIFICATION OF COUNSEL
I, the undersigned legal advisor to the City of Ammon, Bonneville County, Idaho, hereby
certify that I have read the attached Summary of Ordinance No. 715 of said City and that the
same is true and complete and provides adequate notice to the public of the contents of said
Ordinance.
DATED as of this ___ day of April, 2024.
By: _____________________________________
Scott Hall
EXHIBIT D
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47773.0008.16929745.3
EXHIBIT 1
LEGAL DESCRIPTION OF BOUNDARIES OF FIBER LID NO. 5
PARCEL 1 North Tie Breaker
A parcel of land encompassing all of Tie Breaker Village, Divisions No. 1, 2, 5, 6, 7, 8, 9,
part of Division No. 10; Trail Break Subdivision, Division No. 1; part of Trailwood Village,
Divisions No. 6 and 9; First Amended Plat of Trailwood Village, Division No. 9, and
Trailwood Village, Division No. 9, Seconded Amended Plat to the City of Ammon,
Bonneville County, Idaho; more specifically described as follows:
Beginning at
North 1/4 Corner of Section 22, Township 2 North, Range 38 East of the Boise Meridian;
feet to a point of curve with a radius of 510.00 feet and a chord that bears
PARCEL 2 - North Centennial Ranch
A parcel of land encompassing all of Centennial Ranch, Divisions No. 13 and 15; First
Amended Plat of Centennial Ranch, Division No. 15; and a part of Centennial Ranch,
Division No. 16, to the City of Ammon, Bonneville County, Idaho; more specifically
described as follows:
Beginning at the North 1/4 Corner of Section 23, Township 2 North, Range 38 East of
feet; thence to the right along said curve 119.40 feet through a central angle of
feet; thence to the right along said curve 316.71 feet through a central angle of
POINT OF BEGINNING.
PARCEL 3 - South Tie Breaker
A parcel of land encompassing part of Oak Ridge, Division No. 1; Oak Ridge Addition,
nd
Division No. 2; 2 Amended Plat of Oak Ridge, Division No. 1; Oak Ridge Addition,
st
Division No. 2 1 Amended and JBB Properties First Amended; an Addition to the City of
Ammon, Bonneville County, Idaho; more specifically described as follows:
EXHIBIT D
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47773.0008.16929745.3
Beginning at the Southwest Corner of Section 22, Township 2 North, Range 38 East of
the Boise Meridian;
OF BEGINNING, said TRUE POINT OF BEGINNING being the southeast corner of Lot 11,
Block 2 of said Oak Rid
along said curve 29.74 feet throug
TRUE POINT OF BEGINNING.
PARCEL 4 - Briarcreek
A parcel of land encompassing all of Briarwood, Divisions No. 1, 2, 3, 5 and 6; First
st
Amended Plat of Briarwood, Division No. 2; Briarwood, Division No. 4, 1 Amended; and
part of Briarwood, Division No. 4, an Addition to the City of Ammon, Bonneville County,
Idaho; more specifically described as follows:
Beginning at a
South 1/4 Corner of Section 23, Township 2 North, Range 38 East of the Boise Meridian;
feet to a point of a curve with a radius of 163.09 feet and a chord that bears
E. 2632.73 feet to the POINT OF BEGINNING.
PARCEL 5 - Rawson, Peterson, Ross and described parcels
A parcel of land encompassing all of Arnold Wadsworth, Division No. 1; Warren Bird
Subdivision, Division No. 1; Out of the Box Storage, Division No. 1; Barbra Jean Estates,
Division No. 1; Pony Acres Addition, Division No. 1; First Amended Plat of Pony Acres
Addition, Division No. 1; Shangrila Homes, Division No. 1; Peterson Park, Division No. 1,
2, 3, and 4; Tom Bird Addition, Division No. 1; and part of Hillview Village, Division No. 2;
Maiben Jones Addition, Division No. 1; Warren Bird Subdivision, Division No. 1; Original
Townsite of Ammon and described parcels of land in Sections 26, 27 and 35 in the City
of Ammon, Bonneville County, Idaho; more specifically described as follows:
Beginning at a point that is S.8E. along the Section line 1320.68 feet from the
Northwest Corner of Section 35, Township 2 North, Range 38 East of the Boise Meridian,
said point being the Northeast corner of Ammon Ranch, Division No. 1, an Addition to
the City of Ammon, Bonneville County, Idaho; running thence along the boundary of
said Ammon Ranch, Division No. 1 and Ammon Ranch, Division No. 1 boundary
extended the following three (3) courses; thence S.01°3723W. 245.37 feet; thence
EXHIBIT D
Ammon City Council 04.04.2024Page 51 of 88
47773.0008.16929745.3
S.89°5918E. 6.78 feet; thence S.00°00152365.94 feet to the East-West Center
Section line of said Section 35; thence S.89°3326along said East-West Center
Section line 297.37 feet; thence S.08°5009151.99 feet; thence N.89°33261592.57
feet to the West Right-of-Way line of Eastern Idaho Railroad; thence N.00°2300
along said West Right-of-Way line 150.00 feet to said East-West Center Section line of
-West Center Section line 514.17
feet; thence N.00°2052974.87 feet; thence S.89°1105E. 513.67 feet to said West
Right-of-Way line of Eastern Idaho Railroad; thence N.00°2300 along said West
Right-of-Way line 280.00 feet; thence N.89°1105W. 578.21 feet; thence N.00°2052W.
1330.49 feet to the North line of said Section 35;
line 676.19 feet to the POINT OF BEGINNING.
AND
Beginning at the Southwest Corner of Section 26, Township 2 North, Range 38 East of
the Boise Meridian,
Right-of--
of-Way line 7
POINT OF BEGINNING.
AND
Beginning at a point that is N.E. along the Section line 1634.01 feet from the
Southeast Corner of Section 27, Township 2 North, Range 38 East of the Boise Meridian,
t to the East 1/4 Corner
aid North line 2086.04
along said Northline 30.25 feet to the Northwest corner of said Southeast 1/4; thence
et more or less to said
00.00 feet; thence
; thence
; thence
BEGINNING.
Note: The above description is not intended to resolve any errors, ambiguities, conflicts,
overlaps or hiatuses that may or may not exist within the described property. It is
intended to best describe real property within a boundary for a local improvement
district.
EXHIBIT D
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47773.0008.16929745.3
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Ammon City Council 04.04.2024Page 63 of 88
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Ammon City Council 04.04.2024Page 64 of 88
Ammon City Council Meeting
April 4, 2024
Mayor Coletti and City Council Members:
Blackrock Subdivision Standard Development Agreement
Staff Presenting:
Cindy Donovan Planning Director
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 prior to first building permit.
SC-5: Developer shall pay the cost of the additional water connection as determined
by the City Engineer prior to first building permit.
SC-6: All outdoor lighting fixtures and luminaires shall comply with the outdoor
lighting standards established by the International Dark Sky Association.
SC-7: The Developer shall begin construction of the commercial property prior to
requesting a building permit for the third building, and completion of the commercial
shell prior to a Certificate of Occupancy for the third building and subsequent final
residential building.
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
Parks Developer shall pay a Parks Contribution fee ($480/unit) based upon requirements
within the Conditional Rezone Agreement, required in 6.33 of the Standard Development
Agreement
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 04.04.2024Page 65 of 88
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
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.
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.
7. On March 21, 2024 the City Council approved the Final Plat
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)
:
- Approval of the Blackrock Subdivision Standard Development Agreement
- Presented by Brice Sadler, Summit Ridge Homes
Motion:
Approve
I move to approve the Blackrock Subdivision Standard Development Agreement
Deny
I move to deny the Blackrock Subdivision Standard Development Agreement based upon (state
the reasons for denial).
Continue
I move to continue the Blackrock Subdivision Standard Development Agreement until the
following items are included in the agreement (list specific information required).
Attachments:
1. Vicinity Map
2. Blackrock Subdivision Standard Development Agreement
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
Ammon City Council 04.04.2024Page 66 of 88
Ammon City Council meeting
April 4, 2024
Mayor Coletti and City Council Members:
GEM Prep Conditional Use Permit Findings
Staff Presenting:
Cindy Donovan Planning Director
Summary of Analysis:
1. GEM Prep has pulled the Conditional Use Permit application
2. The attached Findings are documentation of the processes that occurred.
3. No motion is required since the application has been pulled
Parcel Characteristics:
- General Location: north of Greenwillow Lane, east of Red Robin Avenue, south of Lincoln Road,
and west of Ammon Road
- Lot Size: 4.467 acres
- Zoning: PSC
City Council:
Public Hearing #2024-006 was held before the City Council on Thursday, March 7, 2024
Testimony: 4 testified in favor, 16 testified as opposed in person. Received 2 letters in favor, 20
letters in opposition, 8 of the people that wrote letters also testified in person in opposition.
Decision: Tabled to allow time for the applicant to provide a Traffic Impact Study and remanded
the matter for another public hearing before the Planning and Zoning Commission.
Planning and Zoning Commission:
Public Hearing #2024-002 was held before the Planning and Zoning Commission on Wednesday,
February 7, 2024
Testimony: 3 testified in favor, 4 testified as neutral, 10 testified as opposed in person. Received
5 letters in opposition, 3 of the people that wrote letters also testified in person in opposition,
received 2 emails in support after the deadline which were read into the record.
Reasoned Statement:
Compliant with City Code and Comprehensive Plan regarding school placement
Negative traffic impact to existing neighborhood due to potentially high commuter enrollment
Lot size is inadequate for school volume
Multiple schools in close proximity
Pedestrian safety concerns in neighborhood
Not harmonious with surrounding properties
Negative impact to Ammon Road traffic
Traffic study should be completed if the application moves forward
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 04.04.2024Page 67 of 88
)
IN RE: ) AMMON CITY COUNCIL
)
GEM INNOVATION SCHOOLS ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION
GEM PREP AMMON )
) APRIL 4, 2024
)
APPLICANT: JOSH FEMREITE, CHIEF GROWTH OFFICER
OWNER: GEM INNOVATION SCHOOLS
PROJECT: GEM PREP AMMON
APPLICANT REQUEST: Conditional Use Permit (CUP) for a Charter School
LOCATION: 3345 East Greenwillow Lane
EXISTING ZONING: Parks, Schools, Churches (PSC)
SURROUND ZONING: Residence Park (RP)
SURROUNDING USE: Single family detached dwellings
PARCEL SIZE: 4.47 acres
SECTION 1: BACKGROUND FACTS
Summary of Application
- Request for a Conditional Use Permit (CUP) for a Charter School AT 3345 East Greenwillow Lane
Noticing
- Planning and Zoning Commission
- On January 19, 2024 notice of the Planning and Zoning Commission public hearing on
the forgoing application was published in the Post Register newspaper in Bonneville
County.
- On January 19, 2024 notice of the Planning and Zoning Commission public hearing was
mailed to adjoining property owners within 300 feet and twenty public entities.
- City Council
- On February 20, 2024 notice of the City Council public hearing on the forgoing
application was published in the Post Register newspaper in Bonneville County.
- On February 20, 2024 notice of the City Council public hearing was mailed to adjoining
property owners within 300 feet and twenty public entities.
Planning and Zoning Commission Findings
- Public Hearing #2024-002 was held before the Commission on February 7, 2024
- Findings:
Compliant with City Code and Comprehensive Plan regarding school placement
Negative traffic impact to existing neighborhood due to potentially high commuter enrollment
Lot size is inadequate for school volume
Multiple schools in close proximity
Pedestrian safety concerns in neighborhood
Not harmonious with surrounding properties
Negative impact to Ammon Road traffic
Traffic study should be completed if the application moves forward
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 04.04.2024Page 68 of 88
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:
A Traffic Impact Study should be completed to determine the impact the school traffic will have
on the surrounding neighborhood.
The Ammon City Council therefore finds as follows:
1. There exists the need for a traffic impact study and further review of the queueing plan. Based
on the same, the City Council remanded this matter back to the Ammon planning and Zoning
Commission for further review and hearing.
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.
SECTION 4: DECISION
THEREFORE, the Ammon City Council remands the GEM PREP AMMON application to the
Planning and Zoning Commission subject to the following conditions:
1. Traffic Study to be performed with results to be brought before the Planning and Zoning
Commission in a Public Hearing.
THEREFORE, the Ammon City Council tables the GEM PREP AMMON subject to conditions, in Section 4,
and remands the GEM PREP AMMON application to the Planning and Zoning Commission for a public
hearing once the Traffic Impact Study has been performed.
The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and
Decision this 4th day of April, 2024.
________________________________
Mayor Sean Coletti
_______________________________
Attest: Kristina Buchan, City Clerk
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
Ammon City Council 04.04.2024Page 69 of 88
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 5th day of April, 2024, I served a true and correct copy of the foregoing
document upon the following:
GEM Innovation Schools \[x\] Mailing
ATTN: Josh Femreite \[x\] E-Mail: jfemreite@geminnovation.org
PO Box 86
Deary, ID 83823
Bouma USA \[x\] Mailing
ATTN: Paul Bierlein \[x\] E-Mail: paulbierlein@boumausa.com
3033 Orchard Vista Drive SE
Suite 309
Grand Rapids, MI 49504
_____________________________________________
City Clerk
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 3
Ammon City Council 04.04.2024Page 70 of 88
Ammon City Council
April 4, 2024
Mayor Coletti and City Councilmembers:
Curlew Bend Standard Development Agreement Discussion
Staff Presenting:
Cindy Donovan Planning Director
Summary of Analysis:
1. Current Standard Development Agreement includes Section 6.33 Developer shall pay Parks
Contribution fee a based on the current fee resolution
2. Special Conditions:
a. SC-1: Developer shall extend and construct the entirety of Curlew Drive, including street,
curb and gutter on both sides of the road, and sidewalks on the project side from the
current location to the Development according to the standards required by the City
Engineer prior to approval of any building permit for the Development. Developer shall
be reimbursed by subsequent developments for the per lineal foot cost of construction
of Curlew Drive as the property develops along Curlew Drive that is not a portion the
Curlew Bend development.
b. SC-2: Developer shall extend and construct the entirety of John Adams Parkway, including
street, curb and gutter on both sides of the road, and sidewalks on the project side along
the frontage of the Development according to the standards required by the City Engineer
prior to approval of any building permit for the Development. If the City of Ammon
completes construction of the John Adams Parkway prior to the Developer, the Developer
the street, curb and gutter, and sidewalks prior to issuance of building permit or March
1, 2026, whichever occurs first. If not paid by said date, the same shall become
immediately due and owing and if Developer does not pay said front footage fee, the
bond shall become immediately responsible for the costs assessed by the City.
c. SC-3: Developer shall improve the intersection of Curlew Drive and John Adams Parkway
to accommodate fire protection and construction access according to the standards
required by the City Engineer prior to approval of any building permit for the
development. When the City of Ammon completes construction of the roundabout at the
intersection of John Adams Parkway and Curlew Drive the Developer shall pay 25% of cost
for construction of the roundabout.
d. SC-4: A maximum of 61 residential dwelling units shall be permitted for the Development.
e. SC-5: A minimum of 10,000 square feet of commercial space shall be constructed as part
of the Development.
f. SC-6: The Development plans shall allow for second-story construction to accommodate
up to 10,000 square feet of additional commercial space immediately above the
commercial space outlined in SC-5 above.
g. SC-7: The Developer shall design dwelling units to have a man door from the alley side
of the units in addition to the front door.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 04.04.2024Page 71 of 88
h. SC-8: The Developer shall begin construction of commercial property prior to Certificate
of Occupancy of the fifteenth residential unit and completion of the commercial space
prior to residential unit thirty Certificate of Occupancy.
i. SC-9: There will be no parking allowed along John Adams Parkway or Curlew Drive.
Development Timeline:
1. Current Standard Development Agreement was approved by the City Council on May 4, 2023.
2. The original Development Agreement was revoked by the City Council on March 2, 2023.
3. The original Development Agreement was not signed by the applicant and therefore was not
recorded.
4. The Final Plat was not recorded and has expired in accordance with 10-29-8 Requirements of
the Final Plat. At the time the plat was approved, the plat was required to be recorded within
twelve months.
5. Original Development Agreement and Final Plat were approved by the City Council on January
20, 2022.
6. Preliminary Plat was approved by the City Council on January 6, 2022.
7. Design Review was approved by the City Council on December 2, 2021.
8. Conditional Rezone Agreement with current developer was approved by the City Council on
August 19, 2021.
9. Conditional Rezone of the property was approved by the City Council on March 18, 2021.
Parcel Characteristics:
- General Location: north of 17th Street, east of 25th East, south of 1st Street, west of Tie Breaker
Drive
- Acres: 4.449 acres total
- Zone: MU - Multi-Use
- Residential: 59 units on recorded Final Plat, townhomes with individual lots, 13.14 units per acre
- Commercial: 1 commercial lot
Attachments:
1. Vicinity Map
2. Curlew Bend Standard Development Agreement
3. Curlew Bend recorded plat
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
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