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10.03.2024 City Council Packet Ammon City Council 10.03.2024Page 1 of 90 1. 2. i. ii. 1. 1. 2. 18 Ammon City Council 10.03.2024Page 2 of 90 28 Ammon City Council 10.03.2024Page 3 of 90 38 Ammon City Council 10.03.2024Page 4 of 90 48 Ammon City Council 10.03.2024Page 5 of 90 58 Ammon City Council 10.03.2024Page 6 of 90 68 Ammon City Council 10.03.2024Page 7 of 90 1. 2. 78 Ammon City Council 10.03.2024Page 8 of 90 88 Ammon City Council 10.03.2024Page 9 of 90 Ammon City Council 10.03.2024Page 10 of 90 Ammon City Council 10.03.2024Page 11 of 90 Ammon City Council 10.03.2024Page 12 of 90 Ammon City Council 10.03.2024Page 13 of 90 Ammon City Council 10.03.2024Page 14 of 90 Ammon City Council 10.03.2024Page 15 of 90 Ammon City Council 10.03.2024Page 16 of 90 Ammon City Council 10.03.2024Page 17 of 90 Ammon City Council 10.03.2024Page 18 of 90 Ammon City Council 10.03.2024Page 19 of 90 Ammon City Council 10.03.2024Page 20 of 90 Ammon City Council 10.03.2024Page 21 of 90 Ammon City Council 10.03.2024Page 22 of 90 Ammon City Council 10.03.2024Page 23 of 90 Ammon City Council 10.03.2024Page 24 of 90 Ammon City Council 10.03.2024Page 25 of 90 Ammon City Council 10.03.2024Page 26 of 90 Ammon City Council 10.03.2024Page 27 of 90 Ammon City Council 10.03.2024Page 28 of 90 Ammon City Council 10.03.2024Page 29 of 90 Ammon City Council 10.03.2024Page 30 of 90 Ammon City Council 10.03.2024Page 31 of 90 Ammon City Council 10.03.2024Page 32 of 90 Ammon City Council 10.03.2024Page 33 of 90 Ammon City Council 10.03.2024Page 34 of 90 Ammon City Council 10.03.2024Page 35 of 90 Ammon City Council 10.03.2024Page 36 of 90 Ammon City Council Meeting October 3, 2024 Mayor Coletti and City Councilmembers: North Village Division 2 Final Plat Staff Presenting: Cindy Donovan Planning Director Recommendation: Staff recommends approval of the final plat based on the following staff report and subject to the Standard Development Agreement see separate staff report Compliance: - This application is in compliance with City Ordinance 10-5-27 Medium and High-Density Location Criteria, 10-14 R-1 Residence Zone, 10-15 R-2 Residence Zone, 10-37-2A Residential District Uses, 10-29-8 Final Plat Requirements, the Comprehensive Plan, and the Comprehensive Plan Land Use Map 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 8 REQUIREMENTS OF THE FINAL PLAT, see attached - Title 10, Chapter 14 R-1 Residence Zone, see attached - Title 10, Chapter 15 R-2 Residence Zone, see attached - Title 10, Chapter 37, Section 2 (A) Residential District Uses, see attached Summary of Analysis: 1. The Second Amended Annexation Agreement was approved by City Council on October 2, 2022 2. The Commission recommended approval of the preliminary plat on October 19, 2022 3. The North Village Preliminary Plat was approved by the City Council on November 3, 2022 4. The townhome drive aisles are private and will be maintained by homeowners. 5. The final plat is different from the preliminary plat in the following ways: Preliminary Plat density was 3.17 units per acre, current density between divisions 1 and 2 is 3.84 units per acre There are 14 additional single-family lots for this division. Decrease in single family lot sizes from 11,404 sq ft to 10,411 sq ft and townhome lots from 1,280 sq ft to 1,248 sq ft Lots on west side of Satire Drive were previously part of an open space lot 6. Densities in these divisions will be slightly higher because there is more green space to the north 7. The annexation agreement for the south and north parcels of Ammon Village was approved on October 2, 2022 with the following special conditions: SC-1: each lot pays $789.61 per lot for the incurred costs of the well, storage tank, and property 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 10.03.2024Page 37 of 90 SC-2: Developer shall pay for proportionate share of road improvements based on a traffic study SC-3: Developer shall pay $392,000 for the purchase of groundwater rights, completed SC-4: Obtain FEMA approval for floodplain mitigation SC-5: Shall complete or contribute to improvements required from the annexation studies SC-6: Development shall include no more than 292 townhome units SC-7: All construction vehicles must use 49th South, not existing subdivisions to access the site Development Contributions: Water Rights Development will use pressurized irrigation Road Construction South, contribute proportionate share for 49th South/25th East westbound slip lane, contribute proportionate share for the widening of 25th East to 3 lanes north of 49th South, and contribute proportionate share for the installation of a traffic signal at 49th South/Ammon Road. Parks shall pay the amount in the current City of Ammon Fee Resolution per residential unit Law Enforcement shall pay the amount in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, per residential unit Parcel Characteristics: - General Location: north of East 49th South (Township Road), east of Streeter Avenue, south of Taylorview Lane, and west of 35th East (Ammon Road). - Acres: 19.215 acres - Zoning: R-1 and R-2 - Division Density: 4.27 units per acre (Gross) / 5.42 units per acre (Net) - R-1 Density: 3.19 units per acre (Gross) / 4.182 units per acre (Net) - R-2 Density: 8.15 units per acre (Gross) / 9.115 units per acre (Net) - Average Lot Size: 10,411 sq ft for R-1 lots and 1,248 sq ft for R-2 lots - Lots: 48 R-1 lots, 34 R-2 lots, and 1 open space lot for 83 total lots Planning and Zoning Commission: - The Commission reviewed the Final Plat on September 4, 2024 - The Commission recommended approval of the Final Plat unanimously : - Approval of North Village Division 2 Final Plat - Presented by Curtis Johnson, Rockwell Homes and Travis Payne, Connect Engineering Motion: Approve I move to approve the North Village Division 2 Final Plat finding it is in compliance with the Comprehensive Plan and City Ordinance, subject to technical review (state any requirements for approval, if applicable) Deny 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 10.03.2024Page 38 of 90 I move to deny the North Village Division 2 Final Plat finding it is not in compliance with the Comprehensive Plan and City Ordinance (state reason for denial) Continue I move to continue the North Village Division 2 Final Plat until further information can be obtained (state information needed) Attachments: 1. Vicinity Map 2. North Village Division 2 Final Plat 3. North Village Subdivision Preliminary Plat 4. Ammon Village 2nd Amended Annexation Agreement 5. 10-5-27 Medium and High-Density Location Criteria 6. 10-29-8 Final Plat Requirements 7. 10-14 R-1 Residence Zone 8. 10-15 R-2 Residence Zone 9. 10-37-2(A) Residential District Uses 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 10.03.2024Page 39 of 90 Ammon City Council 10.03.2024Page 40 of 90 34CENTER QUARTER CORNER OF SECTION 34 FOUND PLASTIC CAP PURSUANT TO NORTH VILLAGE SUBDIVISION DIVISION No. 2 FINAL PLAT C CP&F INSTRUMENT No. 1576303 A SUBDIVISION OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO HAZEN DRIVE SAND CREEK LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 38 EAST, B.M. 97TH S STREETER AVENUE PROJECT LOCATION BLUE MUSE ROAD ELIXIR ROAD 30' 97.39'75.00'75.00'75.00'75.00'75.00'75.00'75.00'75.00'112.36' LOT 16 NO CAP 0.234 ACRES LEGEND 49TH S VICINITY MAP LOT 15 PLSS SECTION CONTROL (AS NOTED) C 0.234 ACRES 74.99'75.00'75.00'75.00'75.00'75.00'75.00'75.00'75.00'70.72' FOUND 5/8" REBAR WITH PLASTIC CAP STAMPED PLS 20907 (UNLESS OTHERWISE NOTED) FOUND 1/2" REBAR AS NOTED FOUND 1/2" REBAR, REPLACED WITH 5/8" REBAR WITH PLASTIC CAP STAMPED PLS 18405 LOT 14 BLUE MUSE ROAD L23 SET 5/8" REBAR WITH ALUMINUM CAP STAMPED PLS 18405 0.234 ACRES 76.37'75.00'75.00'75.00'75.00'75.00'75.00'75.00'75.00'59.87' SET 1/2" REBAR WITH PLASTIC CAP STAMPED PLS 18405 NO CAP CALCULATED POINT (NOTHING FOUND, NOTHING SET) SUBDIVISION BOUNDARY BLOCK 3 LOT LINE LOT 13 CENTER LINE 0.234 ACRES ARCTIC FOX DRIVE 15' PUBLIC UTILITY EASEMENT (UNLESS OTHERWISE NOTED) (PRIVATE ACCESS) 75.00'75.00'75.00'75.00'75.00'75.00'75.00'75.00' ADJOINING BOUNDARY LINE 94.00'85.74' BLOCK 1 SECTION LINE LOT 1 LOT 12 0.234 ACRES EXISTING EASEMENT LINE DIMENSIONAL TIE LINE PRIVATE CROSS ACCESS EASEMENT & PUBLIC UTILITY EASEMENT (R1- ) RECORD INFORMATION FROM PLAT INSTRUMENT No. 1767650 LOT 11 71.63'75.00'75.00'75.00'75.00'75.00'75.00'75.00'75.00'84.16' 0.234 ACRES(R2- ) RECORD INFORMATION FROM SURVEY INSTRUMENT No. 1303652 (R3- ) RECORD INFORMATION FROM PLAT INSTRUMENT No. 277764 ELIXIR ROAD BASIS OF BEARING LOT 10 91.37'75.00'75.00'75.00'75.00'75.00'75.00'75.00'75.00'80.47' 0.234 ACRES ALL MEASURED BEARINGS SHOWN HEREON RELATE DIRECTLY TO THE "CITY OF IDAHO FALLS COORDINATE SYSTEM OF 2004", WHICH IS DERIVED FROM THE IDAHO STATE PLANE COORDINATE SYSTEM (EAST ZONE 1101) US SURVEY FEET AND USING A COMBINED SCALE FACTOR OF 1.000277265 FOR A GRID TO GROUND CONVERSION, \[REFERENCE FRAME NAD_83(2011), EPOCH 2010.0000\]. THE SYSTEM ORIENTATION IS BASED ON GRID NORTH ALONG THE EAST ZONE CENTRAL MERIDIAN. NO CONVERGENCE ANGLE HAS BEEN APPLIED. LOT 9 0.234 ACRES •••••••••••••••••••••••••••••••••••••••••••••••••••• 109.00'75.00'75.00'75.00'75.00'75.00'75.00'75.00'75.00'121.05' 30' 0' SUBDIVISION DATAREFERENCES: ALUMINUM CAP •••••••••••••••••••••••••••••••••••••••••••••••••••••• STAMPED PLS 20907 ALUMINUM CAP R-1: BLOCKS 2-51) NORTH VILLAGE DIVISION No. 1 INSTRUMENT No. 1767650 STAMPED PLS 20907 R-2: BLOCK 12) SUBURBAN ACRES INSTRUMENT No. 277764 3) RECORD OF SURVEY INSTRUMENT No. 1194659 •••••••••••••••••••••••••••••••••••••••••••••••••••• 4) RECORD OF SURVEY INSTRUMENT No. 1303652 TOTAL ACREAGE: 19.215 ACRES 5) DEED INSTRUMENT No. 1761064 TOTAL SINGLE FAMILY ACREAGE: 15.043 ACRES TOTAL TOWN HOME ACREAGE: 4.172 ACRES TOTAL COMMON SPACE: 2.759 ACRES (LOT 1, BLOCK 1) NOTES: TOTAL LOTS: 83 LOTS 1) ALL CORNER LOTS WILL ONLY HAVE ACCESS TO ELIXIR ROAD TOTAL SINGLE FAMILY LOTS: 48 LOTS AND BLUE MUSE ROAD. NO ACCESS FROM THESE LOTS WILL BE TOTAL TOWN HOME LOTS: 35 LOTS ALLOWED ON SATIRE DRIVE OR HAZEN DRIVE SMALLEST SINGLE FAMILY LOT SIZE: 9,845 SQ. FT. LARGEST SINGLE FAMILY LOT SIZE: 14,418 SQ. FT. AVERAGE SINGLE FAMILY LOT SIZE: 10,411 SQ. FT. SMALLEST TOWN HOME LOT SIZE EXCLUDING COMMON SPACE: 1,248 SQ. FT. LARGEST TOWN HOME LOT SIZE EXCLUDING COMMON SPACE: 1,248 SQ. FT. AVERAGE TOWN HOME LOT SIZE EXCLUDING COMMON SPACE: 1,248 SQ. FT. AVERAGE TOWN HOME LOT SIZE INCLUDING COMMON SPACE: 4,646 SQ. FT. NET SINGLE FAMILY LOT DENSITY (LOTS/ACRES): 3.191 LOTS PER ACRE NET TOWN HOME LOT DENSITY (LOTS/ACRES): 8.150 LOTS PER ACRE (R1-) LINE TABLE CURVE TABLE LINE TABLELINE TABLE CURVE #LENGTHRADIUSDELTACHORD DIRECTIONCHORD LENGTH LINE #DIRECTIONLENGTHLINE #DIRECTIONLENGTHLINE #DIRECTIONLENGTH C130.99'20.00'27.98'(R1-L2) 60.00'L122.55'L1644.10' BLOCK 1 LOT AREA NOTES: C228.77'20.00'26.35'(R1-L5) 60.00'L260.00'L1736.22' C361.81'830.00'61.80' L360.00'L1883.65' LOT 19 = 1,248 SQ. FT. LOT 1 = 2.759 ACRES LOT 20 = 1,248 SQ. FT. LOT 2 = 1,248 SQ. FT. C431.84'20.00'28.58' L455.41'L1973.41' LOT 21 = 1,248 SQ. FT. LOT 3 = 1,248 SQ. FT. C531.70'20.00'28.49' L560.00'L20102.32' LOT 22 = 1,248 SQ. FT. LOT 4 = 1,248 SQ. FT. LOT 23 = 1,248 SQ. FT. C6111.45'830.00'111.37'58.23'LOT 5 = 1,248 SQ. FT. L625.56'L21 AMMON, ID LOT 24 = 1,248 SQ. FT. LOT 6 = 1,248 SQ. FT. CURVE TABLE C749.65'830.00'49.64'L2229.08' L757.11' NKREVIEWED BY:CTP LOT 25 = 1,248 SQ. FT.DRAWN BY: LOT 7 = 1,248 SQ. FT. C835.01'20.00'30.71'CURVE #LENGTHRADIUSDELTACHORD DIRECTIONCHORD LENGTHL2312.01' L828.15' LOT 26 = 1,248 SQ. FT.JOB NO:24-069DATE: June 26, 2024 LOT 8 = 1,248 SQ. FT. LOT 27 = 1,248 SQ. FT. LOT 9 = 1,248 SQ. FT. C930.99'20.00'27.98'C168.83'113.00'8.83'L945.44'L2436.90' LOT 28 = 1,248 SQ. FT. LOT 10 = 1,248 SQ. FT. C1031.84'20.00'28.58'C1727.12'113.00'27.06'L1040.80'L2525.41' LOT 29 = 1,248 SQ. FT. LOT 11 = 1,248 SQ. FT. The Civil Connection 8.43'100.00'8.43'LOT 30 = 1,248 SQ. FT. C1127.82'20.00'25.63'C18L1148.19'L2616.00'LOT 12 = 1,248 SQ. FT. 2295 N YELLOWSTONE HWY, UNIT 6, LOT 31 = 1,248 SQ. FT.IDAHO FALLS, ID 83401 LOT 13 = 1,248 SQ. FT. 103.22'103.15'C1929.85'63.00'29.57' C12800.00'L1241.37'L2716.00' 208.881.0081 LOT 32 = 1,248 SQ. FT. LOT 14 = 1,248 SQ. FT. C13206.06'800.00'205.49'C2016.82'112.50'16.81'L2816.00' L1345.94' LOT 33 = 1,248 SQ. FT. LOT 15 = 1,248 SQ. FT. NORTH VILLAGE SUBDIVISION DIVISION No. 2 FINAL LOT 34 = 1,248 SQ. FT. LOT 16 = 1,248 SQ. FT. C14148.80'770.00'148.57'C2121.74'63.50'21.64'L2916.00' L1464.55' PLAT LOT 35 = 1,248 SQ. FT. LOT 17 = 1,248 SQ. FT. C15148.88'770.00'148.65'C2216.07'1980.91'16.07'L1549.19' LOT 18 = 1,248 SQ. FT. OFSHEETS 12 Ammon City Council 10.03.2024Page 41 of 90 NORTH VILLAGE SUBDIVISION DIVISION No. 2 FINAL PLAT LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 38 EAST, B.M. A SUBDIVISION OF BONNEVILLE COUNTY, IDAHO FLOOD PLAIN DESIGNATION BOUNDARY DESCRIPTION OWNER'S DEDICATION ZONE X AS SHOWN ON PANEL 235 OF 600 FLOOD INSURANCE RATE MAP COMMUNITY-PANEL NUMBER A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED IS THE LAWFUL OWNER OF THE TRACT OF 1600270235D, MAP REVISED DATE APRIL 2, 2002. BOISE MERIDAIN LAND INCLUDED IN THE BOUNDARY DESCRIPTION SHOWN HEREON AND HAS CAUSED THE SAME TO BE PLATTED AND DIVIDED INTO LOTS, BLOCKS, STREETS AND EASEMENTS TO BE HEREAFTER KNOWN AS NORTH VILLAGE COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 34 OF TOWNSHIP 2 NORTH, RANGE 38 EAST OF SUBDIVISION DIVISION No. 2. IRRIGATION WATER RIGHTS STATEMENT BE IT FURTHER KNOWN THAT THE OWNER DOES HEREBY DEDICATE TO THE PUBLIC ALL RIGHTS-OF-WAY OF NORTH VILLAGE DIVISION No. 1 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT SHOWN HEREON, THAT OWNER ALSO GRANTS AND CONVEYS TO THE PUBLIC ALL PUBLIC UTILITY EASEMENTS THIS PROPERTY REMAINS IN THE PROGRESSIVE IRRIGATION DISTRICT AND TO SATISFY THE REQUIREMENTS No. 1767650 POINT ALSO BEING THE POINT OF BEGINNING; SHOWN HEREON AND THAT WE HEREBY WARRANT AND SHALL DEFEND THE ESTATE SUBJECT TO SUCH OF IDAHO CODE 31-3805, SUBSECTION (1)(B) A SIGNED WATER USE AND ASSESSMENT AGREEMENT BETWEEN DEDICATION AND CONVEYANCES IN THE QUIET AND PEACEFUL POSSESSION OF THE PUBLIC AGAINST SAID THE CITY OF AMMON, IDAHO AND THE DEVELOPER IS PENDING. OWNER AND ITS HEIRS AND ASSIGNS, AND AGAINST EVERY PERSON WHOMSOEVER WHO LAWFULLY HOLDS OR WHO LATER CLAIMS TO HAVE LAWFULLY HELD ANY RIGHTS IN SAID ESTATE AS OF THE DATE HEREOF. IN WITNESS WHEREOF, OWNER HAS HEREUNTO SUBSCRIBED ITS SEALS AND SIGNATURES THIS ________DAY TREASURER'S CERTIFICATE OF ____________, 20___. I, THE UNDERSIGNED COUNTY TREASURER IN AND FOR THE COUNTY OF BONNEVILLE, STATE OF IDAHO, ROCKWELL HOMES INC TAXES DUE FOR THE PROPERTY INCLUDED IN THE BOUNDARY DESCRIPTION SHOWN HEREON ARE ________________________________________________________ CURRENT. CURTIS JOHNSON, MANAGING MEMBER INSTRUMENT No. 1761064; BONNEVILLE COUNTY TREASURERDATE AS INSTRUMENT No. 1761064; DRINKING WATER CERTIFICATE AS INSTRUMENT No. 1761064 TO THE NORTHEAST CORNER OF NORTH VILLAGE DIVISION No. 1 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. 1767650; ELIGIBLE TO RECEIVE WATER FROM THE CITY OF AMMON MUNICIPAL WATER SYSTEM AND SAID CITY HAS THENCE ALONG THE NORTH BOUNDARY LINE OF NORTH VILLAGE DIVISION No. 1 FILED IN THE OFFICE OF THE AGREED IN WRITING TO PROVIDE CULINARY WATER SERVICE TO SAID LOTS. BONNEVILLE COUNTY RECORD AS INSTRUMENT No. 1767650 FOR THE FOLLOWING SEVEN (7) COURSES: HEALTH DEPARTMENT CERTIFICATE OF APPROVAL IN WITNESS WHEREOF, OWNERS HAVE HEREUNTO SET THEIR SIGNATURES THIS ______ DAY OF _________, 2024. ENVIRONMENTAL QUALITY (DEQ) APPROVAL OF THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF THE SANITARY RESTRICTIONS. BUYER IS CAUTIONED THAT AT THE TIME OF THIS APPROVAL, NO DRINKING WATER OR SEWER/SEPTIC FACILITIES HAVE ROCKWELL HOMES INC BEEN CONSTRUCTED. BUILDING CONSTRUCTION CAN BE ALLOWED WITH THE APPROPRIATE BUILDING PERMITS BY: CURTIS JOHNSON, MANAGING MEMBER IF DRINKING WATER OR SEWER FACILITIES HAVE SINCE BEEN CONSTRUCTED OR IF THE DEVELOPER IS SIMULTANEOUSLY CONSTRUCTING THOSE FACILITIES. IF THE DEVELOPER FAILS TO CONSTRUCT FACILITIES OR MEET THE OTHER CONDITIONS OF DEQ, THEN SANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE POINT OF BEGINNING. BUILDING OR SHELTER REQUIRING DRINKING WATER OR SEWER/SEPTIC FACILITIES SHALL BE ALLOWED. EASTERN IDAHO PUBLIC HEALTH DEPARTMENT ACKNOWLEDGMENT DESCRIPTION CONTAINS 19.184 ACRES MORE OR LESS ENVIRONMENTAL HEALTH SPECIALIST DATE STATE OF IDAHO) COUNTY SURVEYOR'S VERIFICATION COUNTY OF ___________) SS. I CERTIFY THAT I AM A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO AND THAT I HAVE ON THIS _______DAY OF ____________, 20___, BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED CURTIS JOHNSON, KNOWN OR IDENTIFIED TO ME, TO BE A MEMBER OF THE LIMITED LIABILITY COMPANY OF ROCKWELL HOMES INC AND THE PERSON WHO SUBSCRIBED SAID LIMITED SURVEYOR'S CERTIFICATE EXECUTED THE SAME IN SAID LIMITED LIABILITY COMPANY'S NAME AS A PERSON AUTHORIZED TO BIND SUCH BONNEVILLE COUNTY SURVEYOR, DAVID D. ROMRELL, PLS 12223DATE LIMITED LIABILITY COMPANY. I, CARDON T. PAYNE, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO, DO HEREBY CERTIFY THAT THE SURVEY OF THIS SUBDIVISION, DESIGNATED AS NORTH VILLAGE DIVISION No. 2, WAS MADE IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND THE UNDER MY DIRECTION, AND THAT SAID SUBDIVISION IS TRULY AND CORRECTLY SURVEYED AND STAKED AS YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. RECORDER'S CERTIFICATE PROVIDED BY LAW AND IN ACCORDANCE WITH THE ACCOMPANYING PLAT AS DESCRIBED HEREON. I HEREBY CERTIFY THAT THE FOREGOING PLAT OF NORTH VILLAGE SUBDIVISION DIVISION No. 2, WAS FILED IN NOTARY PUBLIC FOR THE STATE OF IDAHO:__________________________________________ THE OFFICE OF THE RECORDER OF BONNEVILLE COUNTY, IDAHO CARDON T. PAYNE, PLS 18405 RESIDING AT:______________________________ BONNEVILLE COUNTY RECORDERDATE MY COMMISSION EXPIRES ON:______________________________ CITY'S ACCEPTANCE THE ACCOMPANYING PLAT WAS DULY ACCEPTED AND APPROVED AND THE GRANTS AND DEDICATIONS ARE HEREBY ACCEPTED BY THE CITY COUNCIL OF AMMON FALLS ADOPTED THIS _____ DAY OF ______________, 20___. SURVEY NARRATIVE: SEAN COLETTI, MAYORKRISITNA BUCHAN, CITY CLERK THIS SURVEY WAS MADE AT THE REQUEST OF ROCKWELL HOMES INC WITH THE INTENTIONS OF DIVIDING THE PROPERTY INTO LOTS, BLOCKS AND STREETS. THE WEST BOUNDARY WAS DETERMINED BY THE LONGITUDINAL CENTERLINE OF SAID SECTION 34. THE NORTH BOUNDARY WAS DETERMINED BY ROCKWELL HOMES INC. THE EAST BOUNDARY WAS DETERMINDED BY FOUND TRACY BONO, CITY ENGINEER MONUMENTS SET AS PART OF RECORD OF SURVEY INSTRUMENT No. 1303652, AND DEED INFORMATION FROM DEED INSTRUMENT No. 1761064. THE NORTH BOUNDARY WAS DETERMINED FROM RECORD INFORMATION AND FOUND MONUMENTS SET AS PART OF NORTH VILLAGE DIVISION No. 1 FILED INSTRUMENT No. 1767650. AMMON, ID NKREVIEWED BY:CTP DRAWN BY: JOB NO:24-069DATE: June 26, 2024 The Civil Connection 2295 N YELLOWSTONE HWY, UNIT 6, IDAHO FALLS, ID 83401 208.881.0081 NORTH VILLAGE SUBDIVISION DIVISION No. 2 FINAL PLAT OFSHEETS 22 Ammon City Council 10.03.2024Page 42 of 90 Ammon City Council 10.03.2024Page 43 of 90 Ammon City Council 10.03.2024Page 44 of 90 Ammon City Council 10.03.2024Page 45 of 90 Ammon City Council 10.03.2024Page 46 of 90 Ammon City Council 10.03.2024Page 47 of 90 Ammon City Council 10.03.2024Page 48 of 90 Ammon City Council 10.03.2024Page 49 of 90 Ammon City Council 10.03.2024Page 50 of 90 Ammon City Council 10.03.2024Page 51 of 90 Ammon City Council 10.03.2024Page 52 of 90 Ammon City Council 10.03.2024Page 53 of 90 Ammon City Council 10.03.2024Page 54 of 90 Ammon City Council 10.03.2024Page 55 of 90 Ammon City Council 10.03.2024Page 56 of 90 Ammon City Council 10.03.2024Page 57 of 90 Ammon City Council 10.03.2024Page 58 of 90 Ammon City Council 10.03.2024Page 59 of 90 Ammon City Council 10.03.2024Page 60 of 90 10-5-27: Medium and High-Density Location Criteria: The following criteria pertains to all property developments zoned R-2 or higher. (A) Criteria Applicable to ALL Medium and High-Density Projects. 1. Principal or Arterial Street Location. High-density projects must be located directly on a principal or arterial street, as defined by the currently adopted definitions of the Bonneville Metropolitan Planning Organization (BMPO); and 2. Collector Streets. Collector Streets may be considered if projects meet all other criteria; and 3. Prohibited Access. A high-density development shall not require access to an arterial through a lower density residential development; and 4. Design Review. All high-density projects require Design Review approval prior to seeking a building permit; and 5. Maximum Density. Developments shall not exceed the maximum density allowed by the underlying zoning district; and 6. School District Comments. Prior to any consideration by the Planning and Zoning Commission, comments shall be requested from Bonneville School District 93. (B) R-2: Criteria Applicable to Medium density Project in R-2 Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Developments shall be a minimum of two (2) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R-2 development shall not exceed eighty (80) units total per development; and 4. Public Green Space. If the development does not provide public green space, the development must: a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and b) Have or provide direct pedestrian access to the park; and c) Contribute financially to enhancing park infrastructure; and 5. Platting of Units. All units must be individually platted. (C) R2-A: Criteria Applicable to Medium density Project in R2-A Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Development shall be a minimum of three (3) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R2-A development shall not exceed one hundred twenty (120) units total per development; and 4. Required Amenities. Developments shall be within one-half (1/2) mile walking distance, as measured along any line that meets the definition of Pedestrian Access, to a commercial area that provides grocery shopping and either retail shopping or dining. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and 5. Public Green Space. If the development does not provide public green space, the development must: Page 18 of 19 CHAPTER 5 - SUPPLEMENTARY REGULATIONS REVISED 05-18-2023 Ammon City Council 10.03.2024Page 61 of 90 a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and b) Have or provide direct Pedestrian Access to the park; and c) Contribute financially to enhancing park infrastructure; and 6. Platting of Units. All units must be individually platted. (D) R-3 & R3-A: Criteria Applicable to High-density Projects in R-3 and R3-A Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Development shall be a minimum of four (4) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R-3 or R3-A development shall not exceed 200 units total per development; and 4. Required Amenities. Developments shall be adjacent to a commercial area and within a quarter (1/4) mile of grocery shopping, as measured along any line that meets the definition of Pedestrian Access. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and 5. Private Green Space. Development shall provide privately owned green space within the development; and 6. Public Green Space. R-3 and R3-A developments shall: a) Be located within one-half (1/2) mile of a public city park or donate a public city park through the platting process; and b) Have or provide direct pedestrian access to the park; and c) Contribute financially to enhancing park infrastructure; and 7. Setbacks. If the development shares a property line with a low-density residential area, all buildings located along the shared property line between the project and the low-density residential area shall have a setback of twenty-five (25) feet plus four (4) feet for every one (1) foot of building height. Building height is measured to the top plate. a) Example: If Building Height is thirty (30) feet, setback would be: 25 + (4 x 30) = 145 feet; and 8. Agency Comments Requested. Prior to any consideration by the Planning and Zoning Commission, R-3 and R3-A developments shall seek comments from the following outside agencies: Bonneville School District 93, Bonneville County Fire District, Bonneville County Road and Bridge, the Bonneville County Sheriff's Office, Eastern Idaho Regional Sewer District (EIRSD), Iona Bonneville Sewer District (IBSD), Falls Water, Progressive Irrigation, and the Idaho Canal Company (if applicable). Page 19 of 19 CHAPTER 5 - SUPPLEMENTARY REGULATIONS REVISED 05-18-2023 Ammon City Council 10.03.2024Page 62 of 90 Ammon City Council 10.03.2024Page 63 of 90 Ammon City Council 10.03.2024Page 64 of 90 Ammon City Council 10.03.2024Page 65 of 90 CHAPTER 14 R-1 RESIDENCE ZONE SECTION: 10-14-1: General Objectives and Characteristics of Zone 10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-1 Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width and a somewhat denser residential environment. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-1 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). Page 1 of 1 REVISED 05062021 Ammon City Council 10.03.2024Page 66 of 90 CHAPTER 15 R-2 RESIDENCE ZONE SECTION: 10-15-1: General Objectives and Characteristics of Zone 10-15-2: Location of Accessory Structures 10-15-3: Lot Coverage 10-15-4: Special Provisions Regarding Single-Family Attached Dwellings 10-15-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-2 Residence Zone is to encourage the creation and maintenance of residential areas within the City which are characterized by smaller dwellings, somewhat more compact and denser residential development. This zone does not allow density that will exceed eight (8.0) dwelling units per acre. The principal permitted uses in the R-2 Residence Zone shall be single-family detached dwelling units, buildings containing two (2), three (3), or four (4) zero lot line single-family attached dwelling units, and certain other public facilities which are necessary to promote and maintain stable residential areas. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-2 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). 10-15-2: LOCATION OF ACCESSORY STRUCTURES: (A) Side yard requirements for accessory buildings shall be the same as for main buildings. Any accessory building placed in the calculated side yard of the main building shall maintain the side yard requirements of the zone in which it is in. The distance between the main building and the accessory building shall be subject to the requirements in the most recently adopted version of the International Building Code or International Residential Code as they may apply. (B) No side yard shall be required for accessory buildings which are located more than twelve (12) feet in the rear of the main building (calculated from the furthest point of extension of any part of the foundation), provided that the auxiliary building's drip line remains within the property. tğŭĻ Њ ƚŅ Ќ w9L{95 ЉЎЉЏЋЉЋЊ Ammon City Council 10.03.2024Page 67 of 90 10-15-3: LOT COVERAGE: (A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking area. The maximum lot coverage of single-family attached dwelling units shall be sixty- five percent (65%) for interior lots and fifty percent (50%) for corner lots. The remaining lot area shall be landscaped in accordance with provisions of this ordinance. All landscaping outside of that immediately between any main building and any public street shall be located, designed, and developed for the benefit and enjoyment of the residents of the dwelling(s), including appropriate play areas for children. (B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include such hard-surface outdoor recreation facilities as tennis courts, basketball courts, shuffleboard courts, and swimming pools, provided that: 1. The hard-surface outdoor recreation facilities make up no more than forty percent (40%) of the required landscaped area, and 2. Those facilities are available for the use of all residents of the development. (C) Required Buffers. Wherever a development in the R-2 Zone adjoins land zoned RP, RP- A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer shall be provided. This buffer may be included in the thirty percent (30%) minimum landscaped area required in (A) above. 10-15-4: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED DWELLINGS. (A) All lots upon which a single-family attached dwelling is located shall have vehicular access to and frontage upon a dedicated street or upon a granted easement of access of not less than twenty-five (25) feet in width and of a distance from the public dedicated street of no longer than approved by the planning and zoning commission. (B) No single-family attached dwelling shall be located above another dwelling unit, either in whole or in part. (C) Each single-family attached dwelling shall have at least one direct pedestrian access from the interior of the dwelling to the exterior boundaries of the lot and no pedestrian access may be held in common with another single-family dwelling unit. (D) No more than four (4) single-family attached dwellings may be attached together. (E) Except as noted below, a single-family attached dwelling shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. All single-family attached tğŭĻ Ћ ƚŅ Ќ w9L{95 ЉЎЉЏЋЉЋЊ Ammon City Council 10.03.2024Page 68 of 90 dwellings shall have separate electrical service, water service lines, and sanitary sewer service lines. Common facilities or property are allowed for the following: 1. Common party walls constructed in accordance with the International Building Code or International Residential Code as they may apply. 2. Foundations supporting attached or party walls. 3. Flashing at the termination of the roof covering over any attached walls. 4. Roofs. 5. Vehicular access to a dedicated street for off-street parking facilities or detached garages. (F) No certificate of occupancy shall be issued for a single family attached dwelling unless a common facility or party wall agreement or Declaration of Condominium, together with a separate legal description for each dwelling unit has been filed with the Bonneville County Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit which shares common facilities with another unit. Such agreement shall include a legal description of the individual dwelling units sharing common facilities and shall allocate responsibility as and between the owners of such lots for the use, maintenance, and ownership of all common facilities. tğŭĻ Ќ ƚŅ Ќ w9L{95 ЉЎЉЏЋЉЋЊ Ammon City Council 10.03.2024Page 69 of 90 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 10.03.2024Page 70 of 90 Ammon City Council Meeting October 4, 2024 Mayor Coletti and City Councilmembers: North Village Division 2 - Standard Development Agreement Staff Presenting: Cindy Donovan Planning Director Summary of Analysis: 1. Second Amended Annexation Agreement was approved by City Council on October 2, 2022 2. The annexation agreement for the south and north parcels of Ammon Village was approved on October 2, 2022 with the following special conditions: SC-1: each lot pays $789.61 per lot for the incurred costs of the well, storage tank, and property SC-2: Developer shall pay for proportionate share of road improvements based on a traffic study SC-3: Developer shall pay $392,000 for the purchase of groundwater rights, completed SC-4: Obtain FEMA approval for floodplain mitigation SC-5: Shall complete or contribute to improvements required from the annexation studies SC-6: Development shall include no more than 292 townhome units SC-7: All construction vehicles must use 49th South, not existing subdivisions to access the site 3. The Standard Development Agreement for Division 2 will include: 1.1. SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot for the incurred cost of the construction of Well 13, storage tank, and surrounding property. 1.2. SC-2: Developer shall complete or contribute to all improvements required based on the studies provided, in compliance with City Code 11-1-6 L. a. Traffic Study: i. 49th South/25th East Westbound Slip Lane paid their proportionate share of $4,258, as required, in the North Village Division 1 Development Agreement. ii. 25th East Widen to 3 lanes north of 49th South shall provide proof of payment of their proportionate share, $3,480.88 to the City of Idaho Falls prior to first building permit, as required, in the North Village Division 1 Development Agreement. iii. 49th South/Ammon Road install traffic signal Developer shall pay their proportionate share of 7.2% of construction costs prior to first building permit for the last division of North Village or SET DATE. b. Water Study: Completed paid $392,000 for groundwater rights, and will pay $789.61 per lot with building permit c. Wastewater Study: Completed with annexation into the Eastern Idaho Regional d. Floodplain Study: Completed, new FEMA map of the area effective February 1, 2023 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 10.03.2024Page 71 of 90 e. Level 1 Environmental Study: Completed, showed no presence of environmental waste f. Fiscal Impact Analysis: Completed, will show positive returns to the General Fund after initial developed year. 1.3. SC-3: As required in the North Village Division 1 Development Agreement, developer shall th improve the 49 South frontage using the approved cross section for three (3) lanes prior to first Certificate of Occupancy in Division 1. These improvements shall include but are not limited to curb, gutter, and sidewalk, and shall be constructed according to City of Ammon adopted standards. 1.4. SC-4: The Ammon North Village Development shall contain no more than eighty-five (85) townhomes. 1.5. SC-5: Developer shall provide green space/park space equivalent to the amount of area shown in the preliminary plat for area north of 49th South. 1.6. SC-6: Developer shall construct an eight (8) foot paved pathway along the canal on the east side of the property the length of the property prior to final Certificate of Occupancy for Division 1. 1.7. SC-7: Developer shall require all construction vehicles to obtain access from 49th South, not through current subdivisions. Development Contributions: Water Rights Development will use pressurized irrigation th Road Construction The North Village South, contribute proportionate share for 49th South/25th East westbound slip lane, contribute proportionate share for the widening of 25th East to 3 lanes north of 49th South, and contribute proportionate share for the installation of a traffic signal at 49th South/Ammon Road. Parks shall pay the amount in the current City of Ammon Fee Resolution per residential unit Law Enforcement shall pay the amount in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, per residential unit Development Agreement Division 1: 1.1. SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot for the incurred cost of the construction of Well 13, storage tank, and surrounding property. 1.2. SC-2: Developer shall connect sewer north to Olsen Park Subdivision prior to issuance of the first building permit. 1.3. SC-3: Developer shall pay in lieu of their proportionate share towards installation of westbound slip lane in the amount $4,258 toward intersection of 49th South and Ammon Road based on the direction of the Traffic Impact Study prior to the issuance of the first building permit and requirements of the City Engineer, as noted in paragraph 6.27 above. 1.4. SC-4: Developer shall improve the 49th South frontage using the approved cross section for three (3) lanes prior to first Certificate of Occupancy. These improvements shall include but are not limited to curb, gutter, and sidewalk, and shall be constructed according to City of Ammon adopted standards. 1.5. SC-5: Developer shall provide proof of payment of their proportionate share towards improvements to widen the north side of 49th South at the intersection of 25th East in the amount of $3,840.88 required by the Traffic Impact Study to the City of Idaho Falls prior to first building permit. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 10.03.2024Page 72 of 90 1.6. SC-6: Developer shall complete or contribute to all improvements required based on the studies provided, in compliance with City Code 11-1-6 L. 1.7. SC-7: The Ammon North Village Development shall contain no more than eighty-five (85) townhomes. 1.8. SC-8: Developer shall provide green space/park space equivalent to the amount of area shown in the preliminary plat for area north of 49th South. 1.9. SC-9: Option 1 - Developer shall construct an eight (8) foot paved pathway along the canal on the east side of the property the length of the property prior to final Certificate of Occupancy for Division 1. SC-9: Option 2 Developer shall construct an eight (8) foot paved pathway through the Ammon North Village property to connect from 49th South to the Olsen Park subdivision prior to final Certificate of Occupancy for Division 1. 1.10. SC-10: Developer shall require all construction vehicles to obtain access from 49th South, not through current subdivisions. Parcel Characteristics: - General Location: north of East 49th South (Township Road), east of Streeter Avenue, south of Taylorview Lane, and west of 35th East (Ammon Road). - Acres: 19.215 acres - Zoning: R-1 and R-2 - Division Density: 4.27 units per acre (Gross) / 5.42 units per acre (Net) - R-1 Density: 3.19 units per acre (Gross) / 4.182 units per acre (Net) - R-2 Density: 8.15 units per acre (Gross) / 9.115 units per acre (Net) - Average Lot Size: 10,411 sq ft for R-1 lots and 1,248 sq ft for R-2 lots - Lots: 48 R-1 lots, 34 R-2 lots, and 1 open space lot for 83 total lots : - Approval of North Village Division 2 Standard Development Agreement - Presented by Curtis Johnson, Rockwell Homes Motion: Approve I move to approve the North Village Division 2 Standard Development Agreement (state any requirements for approval, if applicable). Attachments: 1. North Village Division 2 Standard Development Agreement 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 10.03.2024Page 73 of 90 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/NORTH VILLAGE DIVISION 2) THIS AGREEMENT, made and entered into this 3rd day of October, 2024, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Rockwell Homes, Inc., an Idaho Corporation, 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 June 15, 2022, the North Village preliminary plat was approved by the Planning and Zoning Commission; and WHEREAS, on November 3, 2022, the North Village preliminary plat was approved by the City Council; and WHEREAS, on September 4, 2024, the North Village Division 2 final plat was approved by the Planning and Zoning Commission; and WHEREAS, on October 3, 2024, the North Village Division 2 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; AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13 Ammon City Council 10.03.2024Page 74 of 90 WHEREAS, on October 3, 2024, the Mayor and City of Council of the City of Ammon, Idaho, considered the North Village Division 2 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: 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. Second Amended Annexation Agreement approved by the Ammon City Council on: July 21, 2022. If no building permits are pulled within 5 years from this date all Special Conditions within the agreement may be renegotiated. 5.1.2. Preliminary Plat approved by the Ammon City Council on November 3, 2022. 5.1.3. Planning and Zoning Commission recommended approval of the Ammon North Village Division 2 Final Plat on September 4, 2024. 5.1.4. Ammon North Village Division 2 Final Plat approved by the Ammon City Council on October 3, 2024. 5.1.5. 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13 Ammon City Council 10.03.2024Page 75 of 90 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; 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13 Ammon City Council 10.03.2024Page 76 of 90 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, 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13 Ammon City Council 10.03.2024Page 77 of 90 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 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 AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13 Ammon City Council 10.03.2024Page 78 of 90 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 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13 Ammon City Council 10.03.2024Page 79 of 90 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 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13 Ammon City Council 10.03.2024Page 80 of 90 6.23. That Developer shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion in compliance with City Code 10-29-17. This guarantee of completion shall be provided in lieu of completing all infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a preliminary plat on property located within this agreement; the Developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25. That Developer shall pay any front footage fees applicable to said property. 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) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSD fee as constituted by EIRSD 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. Developer acknowledges that EIRSD 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 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13 Ammon City Council 10.03.2024Page 81 of 90 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. 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, 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 Division 1 shall be paid prior to issuance of any building permit. 6.34. Developer shall pay the amount, as provided in the current City of Ammon Fee Resolution for the Law Enforcement Contribution Fee at the time of the issuance of the building permit, per residential unit to be dedicated to the law enforcement contract. 7. SPECIAL CONDITIONS. That this Standard 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: Developer shall pay to the City of Ammon the amount of $789.61 per lot for the incurred cost of the construction of Well 13, storage tank, and surrounding property. 7.2. SC-2: Developer shall complete or contribute to all improvements required based on the studies provided, in compliance with City Code 11-1-6 L. a. Traffic Study: i. 49th South/25th East Westbound Slip Lane paid their proportionate share of $4,258, as required, in the North Village Division 1 Development Agreement. ii. 25th East Widen to 3 lanes north of 49th South shall provide proof of payment of their proportionate share, $3,480.88 to the City of Idaho Falls prior to first building permit, as required, in the North Village Division 1 Development Agreement. iii. 49th South/Ammon Road install traffic signal Developer shall pay their proportionate share of 7.2% of construction costs prior to first building permit for the last division of North Village or SET DATE. b. Water Study: Completed paid $392,000 for groundwater rights, and will pay $789.61 per lot with building permit c. Wastewater Study: Completed with annexation into the Eastern Idaho Regional Sewer District (EIRSD) per division AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13 Ammon City Council 10.03.2024Page 82 of 90 d. Floodplain Study: Completed, new FEMA map of the area effective February 1, 2023 e. Level 1 Environmental Study: Completed, showed no presence of environmental waste f. Fiscal Impact Analysis: Completed, will show positive returns to the General Fund after initial developed year. 7.3. SC-3: As required in the North Village Division 1 Development Agreement, th developer shall improve the 49 South frontage using the approved cross section for three (3) lanes prior to first Certificate of Occupancy in Division 1. These improvements shall include but are not limited to curb, gutter, and sidewalk, and shall be constructed according to City of Ammon adopted standards. 7.4. SC-4: The Ammon North Village Development shall contain no more than eighty- five (85) townhomes. 7.5. SC-5: Developer shall provide green space/park space equivalent to the amount of area shown in the preliminary plat for area north of 49th South. 7.6. SC-6: Developer shall construct an eight (8) foot paved pathway along the canal on the east side of the property the length of the property prior to final Certificate of Occupancy for Division 1. 7.7. SC-7: Developer shall require all construction vehicles to obtain access from 49th South, not through current subdivisions. 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, 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: AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13 Ammon City Council 10.03.2024Page 83 of 90 Rockwell Homes, Inc. 3539 Briarcreek Lane Ammon, ID 83406 (208) 542-9300 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, 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13 Ammon City Council 10.03.2024Page 84 of 90 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 Curtis Johnson, Rockwell Homes Inc. ATTEST: _______________________________ Kristina Buchan, City Clerk 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 Curtis Johnson, 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: AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 12 of 13 Ammon City Council 10.03.2024Page 85 of 90 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Boundary Description A parcel of land lying and situate in the Southeast Quarter of Section 34 Township 2 North, Range 38 East, Boise Meridian. Beginning at the South Quarter Corner of Said Section 34, thence North 01 the Center Quarter Section line; Thence North 88 Thence North 79 on the south line of said Southeast Quarter Section; Contains 21.99 acres EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 13 of 13 Ammon City Council 10.03.2024Page 86 of 90 ) IN RE: ) AMMON CITY COUNCIL ) RYAN STOSICH ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION STOSICH COMMERCIAL ) PROPERTIES ) OCTOBER 3, 2024 ) APPLICANT: RYAN STOSICH OWNER: RYAN STOSICH PROJECT: STOSICH COMMERCIAL PROPERTIES APPLICANT REQUEST: Rezone property from HC-1 (Highway Commercial) to MU (Multi-Use) LOCATION: North of 49th South, east of Hazen Drive, south of Sunnyside Road, west of Ammon Road EXISTING ZONING: HC-1 Highway Commercial SURROUNDING ZONING: City of Ammon R-2 north, MU northeast, HC-1 south, R-2 west; Bonneville County Residential/Agricultural and Manufacturing east SURROUNDING USE: Single-family attached, multi-family attached, storage units, single- family detached homes PARCEL SIZE: 13.878 ACRES SECTION 1: BACKGROUND FACTS Summary of Application - Request to amend zoning from HC-1, Highway Commercial to MU, Multi-Use to allow for residential and commercial uses on the property. Noticing - Planning and Zoning Commission - On August 16, 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 August 16, 2024 notice of the Planning and Zoning Commission public hearing was mailed to adjoining property owners within 300 feet and twenty public entities. Planning and Zoning Commission Findings - On September 4, 2024 Public Hearing 2024-014 was held before the Commission. SECTION 2: FINDINGS OF FACT Based upon the application, the record and the following additional findings of the City Council: Loss of Commercial Property Housing Density The Ammon City Council therefore finds as follows: 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 10.03.2024Page 87 of 90 1. The City Council finds the request from Ryan Stosich for the project known as the Stosich Commercial Property not in general compliance with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2. The City Council finds the request from Ryan Stosich for the project known as the Stosich Commercial Property not in compliance with the zoning ordinance. These findings are summarized in Table 2 (below). TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan The application complies with the following applicable sections of the Comprehensive Plan: Comprehensive Plan Chapter 9 Population, Page 19 During the 2017-2018 public process for drafting the Comprehensive Plan, some concerns were expressed by residents about the increase of high-density developments and Compliance the higher numbers of dwelling units in each development. In general, the public feels the City has enough high-density housing but recognizes that overall additional housing may be needed. Criteria was developed for the placement of medium and high-density housing and can be found in Title 10 Chapter 5 Section 27 of the City of Ammon Code. History on this decision can be found in Appendix C. TABLE 2 Summary of General Compliance with Title 10, Planning and Zoning The application complies with the following applicable sections of Title 10: 10-1-2: PURPOSE: The zone boundaries and regulations made in accordance with a comprehensive plan designated to promote the health, safety, peace, convenience, and general welfare of the inhabitants of Ammon. - To promote the orderly growth and development of the City in accordance with the Comprehensive Plan. - To promote economy in the cost of fire and police protection and other governmental services. Compliance - To provide a roadway system that adequately meets the transportation needs - To protect the tax base. - To foster industry. - To protect property values. - To avoid undue concentration of population and prevent the overcrowding of land. - To facilitate adequate provisions for transportation, water, sewage, schools, and other public requirements. - To promote and foster a wholesome, serviceable, and attractive Cit. 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; 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 10.03.2024Page 88 of 90 3.If applicable, under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. Code. 5.The City of Ammon has provided adequate notice for the review of this application. 6.The project does not meet the standards of approval under Title10, Chapter 1, Section 2, and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council denies the rezoning of the Stosich Commercial Property to MU. THEREFORE, the Ammon City Council denies the rezoning of the Stosich Commercial Property to MU. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 3rd day of October, 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 | 3 Ammon City Council 10.03.2024Page 89 of 90 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 4th day of, October, 2024, I served a true and correct copy of the foregoing document upon the following: Applicant Stosich Commercial Property \[x\] Mailing ATTN: Ryan Stosich \[x\] E-Mail: stoscich3@icloud.com 5068 S. Colusa Avenue Meridian, ID 83642 _____________________________________________ City Clerk 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 Ammon City Council 10.03.2024Page 90 of 90