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11.21.2024 City Council Packet Ammon City Council 11.21.2024Page 1 of 104 1. 2. i. 1. 2. 1. 2. 15 Ammon City Council 11.21.2024Page 2 of 104 i. 25 Ammon City Council 11.21.2024Page 3 of 104 35 Ammon City Council 11.21.2024Page 4 of 104 45 Ammon City Council 11.21.2024Page 5 of 104 1. 2. 55 Ammon City Council 11.21.2024Page 6 of 104 1. 2. 3. 1. 14 Ammon City Council 11.21.2024Page 7 of 104 2. 24 Ammon City Council 11.21.2024Page 8 of 104 3. 34 Ammon City Council 11.21.2024Page 9 of 104 44 Ammon City Council 11.21.2024Page 10 of 104 Ammon City Council November 21, 2024 Mayor and City Councilmembers: Canvass of Election 2024 Ammon Street Levy Election Staff Presenting: Kristina Buchan, City Clerk Recommendation - Accept the official canvass of results of the November 2024 Levy Election as produced by Bonneville County Summary of Analysis 1. Election was held on Tuesday, November 5, 2024 2. Ammon had a Temporary Street Levy on the Ballot 3. The Levy was passed by Ammon Residents 4. Election was certified by Bonneville County 5. The following results were noted In Favor: 4,185 Against: 4,054 Financial Impact - None Motion accept the canvass of elections as prepared by Bonneville County and certify the election Attachments: 1. Canvass of Votes 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 11.21.2024Page 11 of 104 Ammon City Council 11.21.2024Page 12 of 104 Ammon City Council 11.21.2024Page 13 of 104 104 of 14 Page 11.21.2024 Council City Ammon !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ aĻĻƷźƓŭ bƚǝĻƒĬĻƩ ЋЊͲ ЋЉЋЍ ağǤƚƩ /ƚƌĻƷƷź ğƓķ /źƷǤ /ƚǒƓĭźƌ aĻƒĬĻƩƭʹ !ƦƦƌźĭğƓƷΏLƓźƷźğƷĻķ wĻǩƚƓĻ wĻƨǒĻƭƷ .ƩźķŭĻǞğƷĻƩ wĻǩƚƓĻ {ƷğŅŅ tƩĻƭĻƓƷźƓŭʹ /źƓķǤ 5ƚƓƚǝğƓ tƌğƓƓźƓŭ 5źƩĻĭƷƚƩ wĻĭƚƒƒĻƓķğƷźƚƓʹ Ώ {ƷğŅŅ ƩĻĭƚƒƒĻƓķƭ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƩĻǩƚƓĻ ĬğƭĻķ ƚƓ ƷŷĻ ŅƚƌƌƚǞźƓŭ ƭƷğŅŅ ƩĻƦƚƩƷ͵ /ƚƒƦƌźğƓĭĻʹ Ώ ŷźƭ ğƦƦƌźĭğƷźƚƓ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ /źƷǤ hƩķźƓğƓĭĻ͵ /ƩźƷĻƩźğ ŅƚƩ 5ĻĭźƭźƚƓʹ Ώ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЊЍ wΏЊ wĻƭźķĻƓĭĻ ƚƓĻ Ώ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЊЍ! wЊΏ! wĻƭźķĻƓĭĻ ƚƓĻ Ώ ЊЉΏЍΏЊʹ hw5Lb!b/9 !b5 a!t a! .9 !a9b595ʹ ŷźƭ ǩƚƓźƓŭ ƚƩķźƓğƓĭĻͲ źƓĭƌǒķźƓŭ ƷŷĻ ƒğƦͲ ƒğǤ ĬĻ ğƒĻƓķĻķͲ ƭǒƦƦƌĻƒĻƓƷĻķͲ ĭŷğƓŭĻķ ƚƩ ƒƚķźŅźĻķ ŅƩƚƒ ƷźƒĻ Ʒƚ ƷźƒĻͲ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ Lķğŷƚ /ƚķĻ źƷƌĻ ЏАͲ /ŷğƦƷĻƩ ЏЎ͵ {ǒƒƒğƩǤ ƚŅ !ƓğƌǤƭźƭʹ Њ͵ ŷĻ ƦƩƚƦĻƩƷǤ źƭ ĭǒƩƩĻƓƷƌǤ ǩƚƓĻķ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ ƚƓĻ Λt{/Μ Ћ͵ ŷĻ CǒƷǒƩĻ \[ğƓķ ƭĻ ağƦ ƭŷƚǞƭ ƷŷĻ ƦƩƚƦĻƩƷǤ ğƭ \[ƚǞ 5ĻƓƭźƷǤ wĻƭźķĻƓƷźğƌ Ќ͵ wΏЊ ğƓķ wЊΏ! ğƩĻ ğƦƦƌźĭğĬƌĻ ǩƚƓĻƭ źƓ ƷŷĻ ƌƚǞΏķĻƓƭźƷǤ ƩĻƭźķĻƓƷźğƌ ƌğƓķ ǒƭĻ ķĻƭźŭƓğƷźƚƓ Ѝ͵ ŷĻ ƦƩƚƦĻƩƷǤ Ǟğƭ ƦƌğƷƷĻķ źƓ ЋЉЉЏ ğƭ ƦğƩƷ ƚŅ ƷŷĻ ƩĻĭƚƩķĻķ ƦƌğƷ ŅƚƩ .ƩźķŭĻǞğƷĻƩ 5źǝźƭźƚƓ Њ͵ Ў͵ {ǒƩƩƚǒƓķźƓŭ ƦƩƚƦĻƩƷǤ Ʒƚ ƷŷĻ ƓƚƩƷŷͲ ǞĻƭƷͲ ğƓķ ƭƚǒƷŷ źƭ ǩƚƓĻķ wtΏ! ğƓķ Ʒƚ ƷŷĻ ĻğƭƷ źƭ b ЌЎƷŷ 9 Λ!ƒƒƚƓ wƚğķΜ ğƓķ ƩĻƭźķĻƓƷźğƌ ƦƩƚƦĻƩƷǤ źƓ .ƚƓƓĻǝźƌƌĻ /ƚǒƓƷǤ Џ͵ ŷĻ wΏЊ ƚƓĻ ğƌƌƚǞƭ ğ ƒğǣźƒǒƒ ķĻƓƭźƷǤ ƚŅ Ѝ͵Љ ǒƓźƷƭ ƦĻƩ ğĭƩĻ ğƓķ Ɠƚ ğƷƷğĭŷĻķ ǒƓźƷƭ А͵ ŷĻ wЊΏ! ƚƓĻ ğƌƌƚǞƭ ğ ƒğǣźƒǒƒ ķĻƓƭźƷǤ ƚŅ Ѝ͵Љ ǒƓźƷƭ ƦĻƩ ğĭƩĻ ğƓķ ğƌƌƚǞƭ ǒƦ Ʒƚ Ћ ğƷƷğĭŷĻķ ǒƓźƷƭ Б͵ ağǣźƒǒƒ ķĻƓƭźƷǤ ğƷ Ѝ͵Љ ǒƓźƷƭ ƦĻƩ ğĭƩĻ Ǟƚǒƌķ ğƌƌƚǞ ǒƦ Ʒƚ ЊА ǒƓźƷƭ ƷŷĻ ğƦƦƌźĭğƓƷ źƭ ƦƩƚƦƚƭźƓŭ ЊА ƷƚƷğƌ ǒƓźƷƭ ǞźƷŷ Ў wΏЊ ƌƚƷƭ ğƓķ ЊЋ wЊΏ! ǒƓźƷƭ͵ {ƦĻĭźŅźĭƭ ƚŅ ƷŷĻ ķĻƭźŭƓ Ǟƚǒƌķ ĭƚƒĻ ǞźƷŷ ƦƌğƷƷźƓŭ͵ В͵ ŷĻ .ƩźķŭĻǞğƷĻƩ ƭǒĬķźǝźƭźƚƓ ŷğƭ ЌЎ wЊΏ! ǒƓźƷƭ ƚƓ В͵АА ğĭƩĻƭ ǞźƷŷźƓ 5źǝźƭźƚƓƭ Б ğƓķ В ЊЉ͵ ŷĻ Cƚǣ IƚƌƌƚǞ ğƓķ ЊƭƷ {ƷƩĻĻƷ /ƚƒƒǒƓźƷǤ {ǒĬķźǝźƭźƚƓƭ ƷŷğƷ ĭƚƓƓĻĭƷ ǞźƷŷ ƷŷĻ .ƩźķŭǞğƷĻƩ {ǒĬķźǝźƭźƚƓ ğƩĻ ƦƩźƒğƩźƌǤ ǩƚƓĻķ wΏЊ ЊЊ͵ 9ƓĭƚǒƩğŭĻ źƓŅźƌƌ ķĻǝĻƌƚƦƒĻƓƷ Ʒƚ ĻƓƭǒƩĻ ķĻǝĻƌƚƦƒĻƓƷ źƭ ĭƚƒƦğĭƷͲ ĻĭƚƓƚƒźĭ ğƓķ ĻŅŅźĭźĻƓƷ͵ ΛЋЉЊБ /źƷǤ ƚŅ !ƒƒƚƓ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓͲ ƦğŭĻ ЋЌΜ ЊЋ͵ 9ƭƷğĬƌźƭŷ ƌğƓķ ǒƭĻ ƦğƷƷĻƩƓƭ Ǟŷźĭŷ Ĭǒźƌķ ƚƓ ĻǣźƭƷźƓŭ ǞğƷĻƩ ğƓķ ƭĻǞĻƩ ŅğĭźƌźƷźĻƭ͵ ΛЋЉЊБ /źƷǤ ƚŅ !ƒƒƚƓ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓͲ ƦğŭĻ ЋЌΜ ЊЌ͵ ŷĻ ƦƩƚƦĻƩƷǤ źƭ ƭĻƩǝźĭĻķ ĬǤ Cğƌƌƭ ğƷĻƩ ğƓķ LƚƓğ .ƚƓƓĻǝźƌƌĻ {ĻǞĻƩ 5źƭƷƩźĭƷ͵ tğƩĭĻƌ /ŷğƩğĭƷĻƩźƭƷźĭƭʹ Ώ DĻƓĻƩğƌ \[ƚĭğƷźƚƓʹ ƓƚƩƷŷ ƚŅ DƩĻĻƓǞźƌƌƚǞ \[ğƓĻͲ ĻğƭƷ ƚŅ wĻķ wƚĬźƓ !ǝĻƓǒĻͲ ƭƚǒƷŷ ƚŅ \[źƓĭƚƌƓ wƚğķͲ ǞĻƭƷ ƚŅ !ƒƒƚƓ wƚğķ Ώ !ĭƩĻƭʹ Ѝ͵ЍЏА ğĭƩĻƭ Ώ /ǒƩƩĻƓƷ ƚƓźƓŭʹ t{/ Ώ tƩƚƦƚƭĻķ ƚƓźƓŭʹ wΏЊ ğƓķ wЊΏ! ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 11.21.2024Page 15 of 104 Ώ Њ͵ЍБЍ ğĭƩĻƭ Ʒƚ wΏЊ ğƓķ Ћ͵ВБЌ ğĭƩĻƭ Ʒƚ wЊΏ! Ώ tƩƚƦƚƭĻķ 5ĻƓƭźƷǤʹ Ќ͵Б ǒƓźƷƭ ƦĻƩ ğĭƩĻ Ώ !ƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƩĻǩƚƓĻ ƩĻƨǒĻƭƷ ŅƩƚƒ t{/ Ʒƚ wΏЊ ğƓķ wЊΏ! Ώ tƩĻƭĻƓƷĻķ ĬǤ WğƭƚƓ /ğƩƌǤƌĻ ğƓķ aźƉĻ aĭ/ğƩƷǤͲ /ğƌźĬĻƩ /ǒƭƷƚƒƭ \[\[/ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓʹ Ώ tǒĬƌźĭ IĻğƩźƓŭ ϔЋЉЋЍΏЉЊВ Ǟğƭ ŷĻƌķ ĬĻŅƚƩĻ ƷŷĻ /ƚƒƒźƭƭźƚƓ ƚƓ bƚǝĻƒĬĻƩ ЏͲ ЋЉЋЍ Ώ ĻƭƷźƒƚƓǤʹ Ћ ƦĻƚƦƌĻ ƷĻƭƷźŅźĻķ źƓ ŅğǝƚƩͲ Ћ ƦĻƚƦƌĻ ƷĻƭƷźŅźĻķ źƓ ƚƦƦƚƭźƷźƚƓ Ώ /ƚƒƒźƭƭźƚƓ ƩĻĭƚƒƒĻƓķĻķ ğƦƦƩƚǝğƌ ǞźƷŷ ğ ǒƓğƓźƒƚǒƭ ǝƚƷĻ ƚŅ БΏЉ Ώ wĻğƭƚƓĻķ {ƷğƷĻƒĻƓƷʹ /ƚƒƦƌźğƓƷ ǞźƷŷ ƌğƓķ ǒƭĻ ƦƚƌźĭźĻƭ ŅƚƩ źƓŅźƌƌ ķĻǝĻƌƚƦƒĻƓƷ wЊΏ! ǩƚƓźƓŭ ĻǣźƭƷƭ ǞźƷŷźƓ ƷŷĻ ƓĻźŭŷĬƚƩŷƚƚķ IğƩƒƚƓźƚǒƭ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ bƚƷźĭĻ ƚŅ IĻğƩźƓŭʹ Ώ bƚƷźĭĻ Ǟğƭ ƦǒĬƌźƭŷĻķ źƓ ƷŷĻ tƚƭƷ wĻŭźƭƷĻƩ ƚƓ hĭƷƚĬĻƩ ЊБͲ ЋЉЋЍ͵ Ώ bƚƷźĭĻ Ǟğƭ ƒğźƌĻķ Ʒƚ ЎЍ ƦƩƚƦĻƩƷǤ ƚǞƓĻƩƭ ğƓķ ЋЉ ƦǒĬƌźĭ ĻƓƷźƷźĻƭ ƚƓ hĭƷƚĬĻƩ ЊБͲ ЋЉЋЍ͵ Ώ tƩƚƦĻƩƷǤ Ǟğƭ ƦƚƭƷĻķ ƚƓ ĻķƓĻƭķğǤͲ hĭƷƚĬĻƩ ЋЌͲ ЋЉЋЍ Ώ tǒĬƌźĭ ĭƚƒƒĻƓƷʹ Њ ƌĻƷƷĻƩ źƓ ŅğǝƚƩ Ǟğƭ ƩĻĭĻźǝĻķ CźƓğƓĭźğƌ LƒƦğĭƷƭʹ Ώ wĻƭźķĻƓƷźğƌ ǒƓźƷ ĭƚƓƷƩźĬǒƷźƚƓ Ʒƚ ƦğƩƉƭ Ώ υЋͲЌЊБ͵ЉЉΉķĻƷğĭŷĻķ ķǞĻƌƌźƓŭ ǒƓźƷ ğƓķ υЊͲЉБЏ͵ЉЉΉğƷƷğĭŷĻķ ķǞĻƌƌźƓŭ ǒƓźƷ ΛĭǒƩƩĻƓƷ ŅĻĻ ƩĻƭƚƌǒƷźƚƓΜ Ώ wĻƭźķĻƓƷźğƌ ǒƓźƷ ĭƚƓƷƩźĬǒƷźƚƓ Ʒƚ ƌğǞ ĻƓŅƚƩĭĻƒĻƓƷ Ώ υБЍЊ͵ЎБΉķĻƷğĭŷĻķ ķǞĻƌƌźƓŭ ǒƓźƷ ğƓķ υЌАЉ͵ЉЉΉğƷƷğĭŷĻķ ķǞĻƌƌźƓŭ ǒƓźƷ ΛĭǒƩƩĻƓƷ ŅĻĻ ƩĻƭƚƌǒƷźƚƓΜ aƚƷźƚƓʹ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ğƦƦƩƚǝĻ ƷŷĻ .ƩźķŭĻǞğƷĻƩ wĻǩƚƓĻ ŅźƓķźƓŭ źƷ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ /źƷǤ hƩķźƓğƓĭĻ͵ 5ĻƓǤ L ƒƚǝĻ Ʒƚ ķĻƓǤ ƷŷĻ .ƩźķŭĻǞğƷĻƩ wĻǩƚƓĻ ŅźƓķźƓŭ źƷ źƭ ƓƚƷ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ /źƷǤ hƩķźƓğƓĭĻ ĬğƭĻķ ǒƦƚƓ ΛƭƷğƷĻ ƷŷĻ ƩĻğƭƚƓƭ ŅƚƩ ƩĻĭƚƒƒĻƓķźƓŭ ķĻƓźğƌΜ͵ /ƚƓƷźƓǒĻ L ƒƚǝĻ Ʒƚ ĭƚƓƷźƓǒĻ .ƩźķŭĻǞğƷĻƩ wĻǩƚƓĻ ǒƓƷźƌ ğķķźƷźƚƓğƌ źƓŅƚƩƒğƷźƚƓ ĭğƓ ĬĻ ƚĬƷğźƓĻķ ΛƌźƭƷ ƭƦĻĭźŅźĭ źƓŅƚƩƒğƷźƚƓ ƩĻƨǒźƩĻķΜ͵ !ƷƷğĭŷƒĻƓƷƭʹ Њ͵ źĭźƓźƷǤ ağƦ Ћ͵ 9ǣŷźĬźƷ ƚŅ tƩƚƦƚƭĻķ ƚƓźƓŭ Ќ͵ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ tǒĬƌźĭ IĻğƩźƓŭ ϔЋЉЋЍΏЉЊВ wĻğƭƚƓĻķ {ƷğƷĻƒĻƓƷ Ѝ͵ ƩźƷƷĻƓ ĻƭƷźƒƚƓǤ Ў͵ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЍЊ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ ƚƓĻ Λt{/Μ Џ͵ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЊЍ wΏЊ wĻƭźķĻƓĭĻ ƚƓĻ А͵ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЊЍ! wЊΏ! wĻƭźķĻƓĭĻ ƚƓĻ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 11.21.2024Page 16 of 104 Vicinity Map Lincoln Road Site Location Greenwillow Ln 1st Street Ammon City Council 11.21.2024Page 17 of 104 Ammon City Council 11.21.2024Page 18 of 104 Ammon City Council 11.21.2024Page 19 of 104 October 30, 2024 Public Hearing #2024-019 Rezoning of 4.467 Acres on Greenwillow Lane Public Comment We are in favor of the rezoning of the above property to R-1, single-family detached homes, and R1-A, single-family attached home (twin homes). These homes need to be restricted so that they comply with similar restrictions that are identified in the Bridgewater Protective Covenants since this lot is connected and apart of the Bridgewater Subdivision property. The sign at the entrance of Greenwillow Lane next to where the above property is located identifies the area as the Bridgewater Subdivision. Other restrictions or comments with respect to the use of the property include the following: a. The homes should be restricted to single level homes (with or without basements). This is to respect the privacy of the neighboring homes. No two story homes!! b. Roads into the area need to meet city standards in order to support city emergency equipment and snow/trash removal access. c. Adequate water drainage from the new streets needs to be evaluated to insure that the proposed system can handle it. We appreciate that the zoning is being changed to support individual homes and thank you for your help. Respectfully: Donald and Linda Pound 3348 Sparrow Hawk Drive Ammon, Idaho 83401 208-524-0590 Layne and Dixie Heiner 3334 Sparrow Hawk Drive Ammon, Idaho 83401 801-589-3093 Ammon City Council 11.21.2024Page 20 of 104 !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ aĻĻƷźƓŭ bƚǝĻƒĬĻƩ ЋЊͲ ЋЉЋЍ ağǤƚƩ /ƚƌĻƷƷź ğƓķ /źƷǤ /ƚǒƓĭźƌ aĻƒĬĻƩƭʹ !ƦƦƌźĭğƓƷΏLƓźƷźğƷĻķ ĻǣƷ !ƒĻƓķƒĻƓƷ Ʒƚ ğƌƌƚǞ ŅƚƩ ğ wĻƭźķĻƓƷźğƌ /ğƩĻ CğĭźƌźƷǤ źƓ ƷŷĻ wtΏ! ƚƓĻ ĬǤ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ wĻĭƚƒƒĻƓķğƷźƚƓʹ Ώ {ƷğŅŅ ƩĻĭƚƒƒĻƓķƭ ŷĻğƩźƓŭ ƷŷĻ ğƦƦƌźĭğƓƷƭ ƩĻƨǒĻƭƷͲ ĭƚƓķǒĭƷźƓŭ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭͲ ğƓķ ƒğƉĻ ğ ķĻĭźƭźƚƓ ƚƓ ƷŷĻ ƩĻƨǒĻƭƷ ĬğƭĻķ ƚƓ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ !ƒƒƚƓ /źƷǤ /ƚķĻ͵ Ώ !ƦƦƩƚǝğƌ Ʒƚ ƒƚǝĻ ŅƚƩǞğƩķ ǞźƷŷ ƷŷĻ ğƒĻƓķƒĻƓƷ Ʒƚ ƷŷĻ wtΏ! ǩƚƓĻ Ʒƚ ğƌƌƚǞ ŅƚƩ wĻƭźķĻƓƷźğƌ /ğƩĻ CğĭźƌźƷźĻƭ ƭǒĬƆĻĭƷ Ʒƚ ğ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ͵ Ώ !ƦƦƌźĭğƓƷʹ {ƚ/ğƌ 9ƒƦƚǞĻƩĻķ \[\[/ Ώ wĻƦƩĻƭĻƓƷĻķ ĬǤ WğƒĻƭ tĻƩƩğźĻ /ƩźƷĻƩźğ ŅƚƩ 5ĻĭźƭźƚƓʹ Ώ ŷźƭ ƩĻƨǒĻƭƷ źƭ ŅƚƩ ğ ŭĻƓĻƩğƌ ğƒĻƓķƒĻƓƷ Ʒƚ źƷƌĻ ЊЉ ƷŷğƷ Ǟƚǒƌķ ğŅŅĻĭƷ ğƌƌ wtΏ! ǩƚƓĻķ ƦƩƚƦĻƩƷźĻƭ͵ ŷźƭ ƩĻƨǒĻƭƷ źƭ ƓƚƷ ƭźƷĻ ƭƦĻĭźŅźĭ͵ ! ƩĻĭƚƒƒĻƓķğƷźƚƓ ŅƩƚƒ ƷŷĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ƒǒƭƷ ĭƚƓƭźķĻƩ ƷŷĻ ƩĻƨǒĻƭƷ /źƷǤ ƚŅ !ƒƒƚƓ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵ Ώ ЊЉΏЍΏЊʹ hw5Lb!b/9 !b5 a!t a! .9 !a9b595ʹ ŷźƭ ǩƚƓźƓŭ ƚƩķźƓğƓĭĻͲ źƓĭƌǒķźƓŭ ƷŷĻ ƒğƦͲ ƒğǤ ĬĻ ğƒĻƓķĻķͲ ƭǒƦƦƌĻƒĻƓƷĻķͲ ĭŷğƓŭĻķ ƚƩ ƒƚķźŅźĻķ ŅƩƚƒ ƷźƒĻ Ʒƚ ƷźƒĻͲ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ Lķğŷƚ /ƚķĻ źƷƌĻ ЏАͲ /ŷğƦƷĻƩ ЏЎ͵ Ώ ЊЉΏЊЌΏЊʹ D9b9w!\[ h.W9/L9{ !b5 /I!w!/9wL{L/{ hC hb9ʹ ŷĻ ƚĬƆĻĭƷźǝĻƭ źƓ ĻƭƷğĬƌźƭŷźƓŭ ƷŷĻ wtΏ! wĻƭźķĻƓĭĻ ƚƓĻ ğƩĻ Ʒƚ ƦƩƚǝźķĻ ğ ƩĻƭźķĻƓƷźğƌ ĻƓǝźƩƚƓƒĻƓƷ ǞźƷŷźƓ ƷŷĻ /źƷǤ Ǟŷźĭŷ źƭ ĭŷğƩğĭƷĻƩźǩĻķ ĬǤ ƭƒğƌƌĻƩ ƌƚƷƭ ğƓķ ƭƚƒĻǞŷğƷ ķĻƓƭĻƩ ƩĻƭźķĻƓƷźğƌ ĻƓǝźƩƚƓƒĻƓƷ ƷŷğƓ źƭ ĭŷğƩğĭƷĻƩźƭƷźĭ ƚŅ ƷŷĻ wt wĻƭźķĻƓĭĻ ƚƓĻ͵ bĻǝĻƩƷŷĻƌĻƭƭͲ Ʒŷźƭ ǩƚƓĻ źƭ ĭŷğƩğĭƷĻƩźǩĻķ ĬǤ ƭƦğĭźƚǒƭ ǤğƩķƭ ğƓķ ƚƷŷĻƩ ƩĻƭźķĻƓƷźğƌ ğƒĻƓźƷźĻƭ ğķĻƨǒğƷĻ Ʒƚ ƒğźƓƷğźƓ ķĻƭźƩğĬƌĻ ƭźƓŭƌĻΏŅğƒźƌǤ ƩĻƭźķĻƓƷźğƌ ĭƚƓķźƷźƚƓƭ͵ ŷĻ ƦƩźƓĭźƦğƌ ǒƭĻƭ ƦĻƩƒźƷƷĻķ źƓ Ʒŷźƭ ǩƚƓĻ ƭŷğƌƌ ĬĻ ƭźƓŭƌĻΏŅğƒźƌǤ ķǞĻƌƌźƓŭ ǒƓźƷƭ ğƓķ ĭĻƩƷğźƓ ƚƷŷĻƩ ƦǒĬƌźĭ ŅğĭźƌźƷźĻƭ ƓĻĻķĻķ Ʒƚ ƦƩƚƒƚƷĻ ğƓķ ƒğźƓƷğźƓ ƭƷğĬƌĻ ƩĻƭźķĻƓƷźğƌ ƓĻźŭŷĬƚƩŷƚƚķƭ͵ bƚ ƭźƓŭƌĻ ƌƚƷͲ ƩĻŭğƩķƌĻƭƭ ƚŅ ƷŷĻ ƭƷğƷǒƭ ƚŅ ƦƌğƷƷźƓŭ źƓ ƷŷĻ wtΏ! wĻƭźķĻƓĭĻ ƚƓĻ ƭŷğƌƌ ĭƚƓƷğźƓ ƒƚƩĻ ƷŷğƓ ƚƓĻ ķǞĻƌƌźƓŭ ǒƓźƷͲ ĻǣĭĻƦƷ ğƭ ƭƦĻĭźŅźĭğƌƌǤ ğƌƌƚǞĻķ ĬǤ Ʒŷźƭ źƷƌĻ͵ ŷźƭ ǩƚƓĻ ķƚĻƭ ƓƚƷ ğƌƌƚǞ ķĻƓƭźƷǤ ƷŷğƷ Ǟźƌƌ ĻǣĭĻĻķ Ћ͵Ў ƌźǝźƓŭ ǒƓźƷƭ ƦĻƩ ğĭƩĻ͵ {ǒƒƒğƩǤ ƚŅ !ƓğƌǤƭźƭʹ Њ͵ Lķğŷƚ {ƷğƷǒƷĻ ЌВΏЌЌЉЋʹ δwĻƭźķĻƓƷźğƌ ĭğƩĻ ƚƩ ğƭƭźƭƷĻķ ƌźǝźƓŭ ŅğĭźƌźƷǤδ ƒĻğƓƭ ğ ŅğĭźƌźƷǤ ƚƩ ƩĻƭźķĻƓĭĻͲ ŷƚǞĻǝĻƩ ƓğƒĻķͲ ƚƦĻƩğƷĻķ ƚƓ ĻźƷŷĻƩ ğ ƦƩƚŅźƷ ƚƩ ƓƚƓƦƩƚŅźƷ Ĭğƭźƭ ŅƚƩ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƦƩƚǝźķźƓŭ ƓĻĭĻƭƭğƩǤ ƭǒƦĻƩǝźƭźƚƓͲ ƦĻƩƭƚƓğƌ ğƭƭźƭƷğƓĭĻͲ ƒĻğƌƭ ğƓķ ƌƚķŭźƓŭ Ʒƚ ƷŷƩĻĻ ΛЌΜ ƚƩ ƒƚƩĻ ğķǒƌƷƭ ƓƚƷ ƩĻƌğƷĻķ Ʒƚ ƷŷĻ ƚǞƓĻƩ͵ Ћ͵ wĻƭźķĻƓƷźğƌ ĭğƩĻ ŅğĭźƌźƷźĻƭ ğƓķ ğƭƭźƭƷĻķ ƌźǝźƓŭ ŅğĭźƌźƷźĻƭ ğƩĻ ƓƚƷ ƦĻƩƒźƷƷĻķ źƓ ƷŷĻ wtΏ! ǩƚƓĻ ğƭ ƭŷƚǞƓ źƓ ЊЉΏЌАΏЊ Λ!Μ /ƚƒƒĻƩĭźğƌ 5źƭƷƩźĭƷ ƭĻƭ ğƓķ ЊЉΏЌАΏЋ Λ!Μ wĻƭźķĻƓƷźğƌ 5źƭƷƩźĭƷ ƭĻƭ Ќ͵ ŷźƭ ƩĻƨǒĻƭƷ źƭ ƓƚƷ ƭźƷĻ ƭƦĻĭźŅźĭ͵ !Ɠ ğƒĻƓķƒĻƓƷ Ʒƚ /źƷǤ /ƚķĻ Ǟƚǒƌķ ğŅŅĻĭƷ ğƌƌ wtΏ! ǩƚƓĻķ ƦƩƚƦĻƩƷźĻƭ͵ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 11.21.2024Page 21 of 104 Ѝ͵ŷĻ ŅƚƌƌƚǞźƓŭ ĭŷğƦƷĻƩƭ ƚŅ źƷƌĻ Ǟƚǒƌķ ƓĻĻķ Ʒƚ ĬĻ ğķķƩĻƭƭĻķʹ /ŷğƦƷĻƩ Ћ 5ĻŅźƓźƷźƚƓƭͲ /ŷğƦƷĻƩ ЊЌ wtΏ! wĻƭźķĻƓĭĻ ƚƓĻͲ /ŷğƦƷĻƩ ЌАΏЊ Λ!Μ /ƚƒƒĻƩĭźğƌ 5źƭƷƩźĭƷ ƭĻƭͲ ğƓķ /ŷğƦƷĻƩ ЌАΏЋ Λ!Μ wĻƭźķĻƓƷźğƌ 5źƭƷƩźĭƷ ƭĻƭ wĻƭźķĻƓƷźğƌ /ğƩĻ CğĭźƌźƷǤ ķĻŅźƓźƷźƚƓ Ǟƚǒƌķ ƓĻĻķ Ʒƚ ĬĻ ğķķĻķ Ʒƚ /ŷğƦƷĻƩ Ћ 5ĻŅźƓźƷźƚƓƭ {ƦĻĭźğƌ tƩƚǝźƭźƚƓƭ ĭƚǒƌķ ĬĻ ğķķĻķ Ʒƚ ƷŷĻ wtΏ! wĻƭźķĻƓĭĻ ƚƓĻ Ʒƚ ƩĻŭǒƌğƷĻ ƷŷĻ ǒƭĻ ЊЉΏЌАΏЊ Λ!Μ ğƓķ ЊЉΏЌАΏЋ Λ!Μ Ǟƚǒƌķ ƓĻĻķ Ʒƚ ĬĻ ǒƦķğƷĻķ Ʒƚ ƭŷƚǞ wĻƭźķĻƓƷźğƌ /ğƩĻ CğĭźƌźƷǤ ğƭ ƦĻƩƒźƷƷĻķ ǞźƷŷ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ źƓ ƷŷĻ wtΏ! ƚƓĻ Ў͵wĻƭźķĻƓƷźğƌ ĭğƩĻ ŅğĭźƌźƷźĻƭ ğƩĻ ƦĻƩƒźƷƷĻķ źƓ ƩĻƭźķĻƓƷźğƌ ǩƚƓĻƭ wЋΏ!Ͳ wΏЌͲ wЌΏ!Ͳ ğƓķ waI ğƓķ ƦĻƩƒźƷƷĻķ ǞŷĻƓ ğƦƦƩƚǝĻķ ƚƓ ğ ƒğƭƷĻƩ ƦƌğƓ źƓ ƷŷĻ aǒƌƷź ƭĻ ǩƚƓĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓʹ ΏtǒĬƌźĭ IĻğƩźƓŭ ϔЋЉЋЍΏЉЊА Ǟğƭ ŷĻƌķ ĬĻŅƚƩĻ ƷŷĻ /ƚƒƒźƭƭźƚƓ ƚƓ bƚǝĻƒĬĻƩ ЏͲ ЋЉЋЍ ΏĻƭƷźƒƚƓǤʹ Њ ƦĻƩƭƚƓ ƷĻƭƷźŅźĻķ źƓ ŅğǝƚƩͲ Б ƦĻƚƦƌĻ ƷĻƭƷźŅźĻķ źƓ ƚƦƦƚƭźƷźƚƓ Ώ/ƚƒƒźƭƭźƚƓ ƩĻĭƚƒƒĻƓķĻķ ķĻƓźğƌ ǞźƷŷ ğ ǒƓğƓźƒƚǒƭ ǝƚƷĻ ƚŅ БΏЉ ΏwĻğƭƚƓĻķ {ƷğƷĻƒĻƓƷʹ hƷŷĻƩ ǩƚƓźƓŭ źƭ ğǝğźƌğĬƌĻ ŅƚƩ ƷŷĻ ƦƩƚƦƚƭĻķ ǒƭĻ bƚƷ ŷğƩƒƚƓźƚǒƭ ǞźƷŷ ЊЉΏЊЌΏЊʹ DĻƓĻƩğƌ hĬƆĻĭƷźǝĻƭ ğƓķ /ŷğƩğĭƷĻƩźƭƷźĭƭ ƚŅ ǩƚƓĻͲ ƭƦĻĭźŅźĭğƌƌǤ ΏŅğƒźƌǤ ķǞĻƌƌźƓŭ ǒƓźƷƭ ğƓķ ĭĻƩƷğźƓ ƚƷŷĻƩ ƦǒĬƌźĭ ŅğĭźƌźƷźĻƭ ƓĻĻķĻķ Ʒƚ ƦƩƚƒƚƷĻ ğƓķ ƒğźƓƷğźƓ ƭƷğĬƌĻ ƩĻƭźķĻƓƷźğƌ wĻƌǒĭƷğƓƷ Ʒƚ ĬƩƚğķĻƓ ǩƚƓźƓŭ ƩĻƨǒźƩĻƒĻƓƷƭ ǞźƷŷźƓ ĻǣźƭƷźƓŭ ƓĻźŭŷĬƚƩŷƚƚķƭ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ bƚƷźĭĻ ƚŅ IĻğƩźƓŭʹ ΏbƚƷźĭĻ Ǟğƭ ƦǒĬƌźƭŷĻķ źƓ ƷŷĻ tƚƭƷ wĻŭźƭƷĻƩ ƚƓ CƩźķğǤͲ hĭƷƚĬĻƩ ЊБͲ ЋЉЋЍ ΏbƚƷźĭĻ Ǟğƭ ƒğźƌĻķ Ʒƚ ЋЉ ƦǒĬƌźĭ ĻƓƷźƷźĻƭ ƚƓ CƩźķğǤͲ hĭƷƚĬĻƩ ЊБͲ ЋЉЋЍ Ώbƚ ƦƚƭƷźƓŭ ƚŅ ƦƩƚƦĻƩƷǤ ƩĻƨǒźƩĻķ ΏtǒĬƌźĭ ĭƚƒƒĻƓƷʹ bƚ ǞƩźƷƷĻƓ ƷĻƭƷźƒƚƓǤ Ǟğƭ ƩĻĭĻźǝĻķ aƚƷźƚƓʹ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ğƦƦƩƚǝĻ ŭƚźƓŭ ŅƚƩǞğƩķ ǞźƷŷ ƷŷĻ ğƒĻƓķƒĻƓƷ Ʒƚ ƷŷĻ wtΏ! ǩƚƓĻ Ʒƚ ğƌƌƚǞ ŅƚƩ wĻƭźķĻƓƷźğƌ /ğƩĻ CğĭźƌźƷźĻƭ ƭǒĬƆĻĭƷ Ʒƚ ğ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ͵ 5ĻƓǤ L ƒƚǝĻ Ʒƚ ķĻƓǤ ŭƚźƓŭ ŅƚƩǞğƩķ ǞźƷŷ ƷŷĻ ğƒĻƓķƒĻƓƷ Ʒƚ ƷŷĻ wtΏ! ǩƚƓĻ Ʒƚ ğƌƌƚǞ ŅƚƩ wĻƭźķĻƓƷźğƌ /ğƩĻ CğĭźƌźƷźĻƭ ƭǒĬƆĻĭƷ Ʒƚ ğ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷ͵ /ƚƓƷźƓǒĻ L ƒƚǝĻ Ʒƚ ĭƚƓƷźƓǒĻ ƷŷĻ ğƦƦƌźĭğƷźƚƓ ǒƓƷźƌ ğķķźƷźƚƓğƌ źƓŅƚƩƒğƷźƚƓ ĭğƓ ĬĻ ƚĬƷğźƓĻķ ΛƌźƭƷ ƭƦĻĭźŅźĭ źƓŅƚƩƒğƷźƚƓ ƩĻƨǒźƩĻķΜ͵ !ƷƷğĭŷƒĻƓƷƭʹ Њ͵!ƦƦƌźĭğƓƷƭ wĻƨǒĻƭƷ \[ĻƷƷĻƩ Ћ͵tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ tǒĬƌźĭ IĻğƩźƓŭ ϔЋЉЋЍΏЉЊА wĻğƭƚƓĻķ {ƷğƷĻƒĻƓƷ Ќ͵/ŷğƦƷĻƩ В .ƚğƩķ ƚŅ !ķƆǒƭƷƒĻƓƷ Ѝ͵/ŷğƦƷĻƩ ЊЌ wtΏ! wĻƭźķĻƓĭĻ ƚƓĻ Ў͵ЊЉΏЌАΏЊ Λ!Μ /ƚƒƒĻƩĭźğƌ 5źƭƷƩźĭƷ ƭĻƭ ƒğƷƩźǣ Џ͵ЊЉΏЌАΏЋΛ!Μ wĻƭźķĻƓƷźğƌ 5źƭƷƩźĭƷ ƭĻ ƒğƷƩźǣ А͵Lķğŷƚ {ƷğƷĻ {ƷğƷǒƷĻ źƷƌĻ ЌВ IĻğƌƷŷ ğƓķ {ğŅĻƷǤͲ /ŷğƦƷĻƩ ЌЌ Lķğŷƚ wĻƭźķĻƓƷźğƌ /ğƩĻ ƚƩ !ƭƭźƭƷĻķ \[źǝźƓŭ !ĭƷ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 11.21.2024Page 22 of 104 SoCal Empowered, LLC 22602 Costa Bella Dr. Lake Forest, CA 92630 09/09/2024 To Whom it may concern, SoCal Empowered is looking to amend the current RPA zone allow for a conditional use permit for a residential care facility. For Questions, please call 949.701.3551 James Perraie Administrator for Socal Empowered LLC Ammon City Council 11.21.2024Page 23 of 104 Ammon City Council 11.21.2024Page 24 of 104 CHAPTER 9 BOARD OF ADJUSTMENT SECTION: 10-9-1: Creation of Board of Adjustment 10-9-2: Organization of the Board 10-9-3: Duties of the Board of Adjustment 10-9-4: Decision on Appeals 10-9-5: Who May Make Appeals--Application--Fee--Form 10-9-6: Papers and Records to be Submitted to Board of Adjustment 10-9-7: Notice of Hearing 10-9-8: Powers and Duties of Board of Adjustment 10-9-9: Vote 10-9-10: Recourse From Decision 10-9-11: Authority to Create Separate Board 10-9-1: CREATION OF BOARD OF ADJUSTMENT: There is hereby created a Board of Adjustment to be composed of the Mayor and members of the City Council to aid in the administration of this ordinance, with powers and duties as hereinafter set forth. 10-9-2: ORGANIZATION OF THE BOARD: The Board of Adjustment shall adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held at times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such facts and shall keep records of its examinations and other official acts, all of which shall be filed immediately in the office of the Board of Adjustment and shall be a public record. The City Clerk shall serve as Secretary of the Board, but shall have no vote at the meetings of the Board. 10-9-3: DUTIES OF THE BOARD OF ADJUSTMENT: The Board shall consider testimony given at a hearing held before the Planning and Zoning Commission and the recommendation of the Planning and Zoning Commission and review appeals from any order, requirement, decision or determination made by the Zoning Administrator and shall have appellate jurisdiction over all decisions and rulings of the Zoning Administrator. It shall also have original jurisdiction over the issuance of conditional use permits. It shall also perform such other duties as are provided by this ordinance as may be assigned to the Board by the City Council. 10-9-4: DECISION ON APPEALS: The Board of Adjustment shall hear and decide appeals from any decision or requirement made by the Zoning Administrator, shall hear and decide applications for conditional use permits and other matters as specified by the terms of this ordinance within forty-five (45) days from the date on which the Zoning Administrator receives the appeal or request for a determination in writing from the appellant. Page 1 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 11.21.2024Page 25 of 104 10-9-5: CONDITIONAL USE APPLICATIONS AND APPEALS: Any citizen or person or any officer or department of the City may appeal to the Board of Adjustment by filing a request in written form clearly addressing the appeal request. All appeal requests must be submitted in completed form along with any required fees, meeting the current requirements for the required hearing procedures. Such appeal shall be made within thirty (30) days from the grant or refusal of a building permit by the Zoning Administrator. The Board of Adjustment may consider only three (3) types of cases. The Powers of the Board of Adjustment are as follows: A. The Board of Adjustment shall consider appeals of the type of case where the applicant alleges the Zoning Administrator is interpreting the zone map incorrectly. (See paragraph 10-9-8-(A) of the zoning ordinance.) B. The Board of Adjustment may upon application consider the type of case known as a variance, where the person making the application can show that the strict application of the regulation would result in peculiar and exceptional difficulties or unnecessary hardship upon the property because of exceptional narrowness, shallowness or shape of his property at the time of the enactment of the controlling regulation, or because of exceptional topographic conditions or other conditions peculiar to the lot. However, the Board of Adjustment cannot grant a request which would be contrary to the spirit of the zoning ordinance or its objectives and purposes. (See paragraph 10-9-8-(B) of the zoning ordinance.) C. The Board of Adjustment upon application may approve special or conditional use permits and special exceptions, which are specifically set out in the zoning ordinance. (See paragraph 10-9-8-(C) of the zoning ordinance.) The Board of Adjustment may approve, deny, in whole or in part, or may attach conditions to the grant of the request. (See paragraph 10-9-8-(D) and 10-9-8-(E) of the zoning ordinance). D. Any person or business that violates the terms and conditions of a conditional use permit shall be subject to the revocation of the conditional use permit. Revocation of a conditional use permit shall be done by the City Council at a regular City Council meeting. The holder of the conditional use permit subject to revocation shall be notified of the time and place the City Council will review said conditional use permit. E. Any violation of the terms of a conditional use permit shall be deemed an infraction and subject to penalties for such violations under section 1-4-2 of the City Code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. 10-9-6: PAPERS AND RECORDS TO BE SUBMITTED TO BOARD OF ADJUSTMENT: Upon the filing of the application, the Zoning Administrator shall schedule a hearing date and prepare all papers, records and other pertinent data pertaining to the appeal. Page 2 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 11.21.2024Page 26 of 104 10-9-7: NOTICE OF HEARING: The Planning and Zoning Commission shall hold a public hearing and make a recommendation to the Board of Adjustment in regards to granting or denying a conditional use permit as provided in Section 67-6509 of the Idaho Code. The Board of Adjustment may order a public hearing before deciding any other matter within its jurisdiction under the provisions of this ordinance. If a public hearing is required hereunder, or ordered by said Board, a notice of the time and place of such hearing shall be published in the official newspaper of the City at least fifteen (15) days before the date of the hearing as provided in Section 67-6509 of the Idaho Code. 10-9-8: POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT: The Board of Adjustment shall have the following powers and duties: A. Alleged Error. The Board of Adjustment shall hear and decide appeals wherein it is alleged that there is error in any order, requirement, decision, or determination made by the Zoning Administrator, or other administrative officers, in the enforcement of this ordinance and shall decide questions involving interpretation and determination of zone boundary lines, subject to review and approval by the City Council. B. Variance. The Board of Adjustment may grant variances from the strict letter of this ordinance where a property owner can show that: 1. Because of exceptional narrowness, shallowness or shape of a specific lot or parcel of land, or 2. By reason of peculiar topographical features or other special circumstances peculiar to the particular lot or parcel of land, the strict application of the terms of this ordinance would deprive him of privileges commonly enjoyed by other properties in the same zone. Before a variance can be granted, the Board of Adjustment must find upon the evidence before it that: 1. Special circumstances do actually attach to the particular property which do not apply generally to the other properties in the same zone. 2. Because of some special circumstances the appellant's property is deprived of privileges possessed by other properties in the same zone. 3. The granting of such variance will not adversely affect the comprehensive plan of zoning in the City. 4. Adherence to the strict letter of the ordinance will cause difficulties and hardships, the imposition of which is unnecessary in order to carry out the purposes of the zoning plan. 5. The hardship has not been caused by an action of the property owner taken after the effective date of this ordinance. Page 3 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 11.21.2024Page 27 of 104 C. Conditional Use Permits. The Board of Adjustment may grant the following conditional use permits: 1. The Board of Adjustment may authorize a dwelling to face upon a private driveway, subject to the following conditions: (a) The structure in which such dwelling is situated will be at least twenty feet (20') from the nearest other building on the same or adjoining lot. (b) It is readily accessible by emergency vehicles. (c) It has side, front, and rear yards at least as great as those required in the RP-A zone. (d) In the opinion of the Board of Adjustment, the dwelling is located in harmony with the objectives and characteristics of the zone in which the dwelling is located. 2. Flood Channels. The Board of Adjustment may permit buildings to be constructed within seventy-five (75) feet from the banks of a natural flood channel, subject to conditions set forth in paragraph 10-5-11 of this ordinance. 3. Permit temporary use of certain lands and structures. (a) The Board of Adjustments may permit the temporary use of certain lands and buildings as set forth in paragraph 10-5-22 of this ordinance. (b) The Board of Adjustment may allow and authorize the issuance of a building permit and/or conditional certificate of occupancy for the use of land and/or the erection and use of buildings for a use which the Board determines is in harmony with the objectives and characteristics of the zone in which such use is to be located. Such conditional use permit shall be for a limited time and may be renewed in the discretion of the Board but shall not survive the change of ownership of the property or of the use. As a condition to granting any special use permit, the Board may require the written consent of all property owners who own property contiguous and adjacent to the subject property and may require a notification of all land owners within five hundred (500) feet of the subject property. Notification of the application of the special use permit to all property owners within five hundred (500) feet of the subject property with the notice of the hearing date and time thereon, shall be made by the petitioner by first class mail with an affidavit of mailing naming the addressees and the date of mailing. Page 4 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 11.21.2024Page 28 of 104 Any such permit shall be granted only after public notice and hearing as provided in Section 67-6509 of the Idaho Code. 4. Reduce off-street Parking Requirements in CC-1 Zone. The Board of Adjustment may reduce off-street parking requirements in the CC-1 Central Commercial Zone, subject to conditions set forth in paragraph 10-5-23-(D)- (2) of this ordinance. 5. Permit Off-street Parking to be Provided on Adjacent Lots. The Board of Adjustment may permit off-street parking facilities required in connection with dwellings to be located on adjacent or nearby lots, subject to conditions set forth in paragraph 10-5-23-(D)-1-(b) of this ordinance. 6. Determine Off-street Parking Requirements for Uses Not Mentioned in Ordinance. The Board of Adjustment may determine the number of off-street parking spaces required for uses not specifically mentioned in this ordinance, subject to the conditions set forth in paragraph 10-5-23-(D)-5 of this ordinance. 7. Authorize Off-street Loading Facilities in the CC-1 Zone to be provided on Adjacent or Nearby Lots. The Board of Adjustment may permit required off-street loading facilities in the CC-1 Zone to be located on adjacent or nearby lots, subject to conditions set forth in paragraph 10-5-23-(S) of this ordinance. 8. Authorize the Moving of Buildings. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for the moving of buildings, subject to conditions as set forth in paragraph 10-6-1 of this ordinance. 9. Authorize a Permit for Mortuaries and Funeral Homes. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for a mortuary or funeral home, as required by Chapter 18 of this Title and subject to conditions set forth in paragraph 10-7-7 of this ordinance. 10. Authorize a Permit for Cemeteries, Mausoleums, and Columbaria. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for a cemetery, mausoleum or columbarium, subject to conditions set forth in paragraph 10-7-5 of this ordinance. 11. Grant Permit for Shooting Range. The Board of Adjustment may grant a permit for the construction of a shooting range in the I&M Zone, provided satisfactory evidence is presented to the Board that the safety of the surrounding area will be fully safeguarded. 12. Authorize a Permit for Dwelling Groups. It shall have the power to authorize the issuance of a permit for a dwelling group (planned), subject to Page 5 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 11.21.2024Page 29 of 104 conditions and standards as set forth in paragraph 10-27-4 of this ordinance. 13. Authorize a Permit for Parks. It shall have the power to authorize the issuance of permits for public and semi-public parks, playgrounds and schools, subject to conditions and standards as set forth in paragraph 10- 7-1 this ordinance. 14. Authorize a Permit for Churches, Clubs, and Lodges. The City Planning Commission shall have the power to authorize the issuance of a permit for churches, clubs, lodges and similar buildings, subject to conditions as set forth in paragraph 10-7-6 of this ordinance. 15. Grant Other Conditional Use Permits Authorized by Ordinance. The Board of Adjustment may grant other conditional use permits as deemed acceptable in the sole discretion of the board and after considering all relevant facts and with the intent of creating uniformity in granting of conditional use permits. 16. In approving or denying a request for a conditional use permit on which the Board is requested to pass, evidence must be presented to the Board that the objectives and characteristics of the ordinance and the zone in which the development is located shall not be adversely affected. D. May Attach Reasonable Conditions. The Board of Adjustment may attach reasonable conditions or requirements to the grant of a variance, exception, or conditional or special use permit which the petitioner must comply with as a condition of the grant or approval and may attach a time limit on the exercise non- exercise of any grant. If the petitioner fails or refuses to comply with any of the conditions within the time specified, the grant or permit shall become null and void. Those conditions may include but are not limited to, those that: 1. Minimize adverse impact on other development; 2. Control the sequence and timing of use/development; 3. Control the duration of the use/development; 4. Assure that the use/development is maintained properly; 5. Designate the exact location and nature of use/development; 6. Require the provision for on-site or off-site public facilities or services; 7. Require more restrictive standards than those generally required in an ordinance; Page 6 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 11.21.2024Page 30 of 104 8. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction; 9. Prior to granting a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use. E. May Reverse or Affirm Zoning Administrator. In performing the duties as set forth herein, the Board of Adjustment is hereby empowered to reverse or affirm, wholly or party, or modify the order, requirement, decision or determination of the enforcing officer, and may make such order or requirement as ought to be made; provided, however, the Board of Adjustment shall not have power to amend this ordinance nor to permit nor prohibit any actions which would have the effect of amending this ordinance. F. Authority Limited. The powers and duties of the Board of Adjustment are limited to administrative matters as herein set forth which shall be strictly construed. It shall not be the function of the Board of Adjustment to grant a request which would have the effect of amending the zoning ordinance or of correcting what it may consider to be an unwise requirement in the zoning ordinance. Nevertheless, the Board of Adjustment shall have administrative duties as set forth in this ordinance and, within the meaning of the provisions of this ordinance, shall perform its duties and shall have the power to perform those acts as herein set forth; and such administrative actions shall not be interpreted as unauthorized amendments to this ordinance. G. Precedent. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. H. Non-transferable. A special use permit is site and use specific and not transferable from one parcel of land to another. 10-9-9: VOTE: The concurring vote of one-half plus one of the members present of a quorum from the total membership of the Board shall be necessary to decide upon any matter upon which it is required to pass. 10-9-10: RECOURSE FROM DECISION OF BOARD OF ADJUSTMENT: A. Recourse from Decision of the Board of Adjustment. The determination of the Board of Adjustment shall be final unless a written appeal is made to the City Council within fifteen (15) days from the date of the written determination. The written notice of appeal shall be filed with the City Clerk and shall set forth specifically wherein the Board of Adjustment erred in its determination. Upon the receipt of an appeal, the City Council shall refer one copy of the appeal to the Board of Adjustments; and thereupon, the Board of Adjustment shall make a report to the City Council disclosing in what respect the application and facts offered in support thereof met or failed to meet the necessary requirements. The concurring vote of a majority of the members of the City Council shall be required to reverse any order, requirement, decision or determination of the Board of Adjustment. Page 7 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 11.21.2024Page 31 of 104 B. Recourse From Decision of City Council. Any person aggrieved by a decision of the City Council may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction. 10-9-11: AUTHORITY TO CREATE SEPARATE BOARD: The City Council may, in lieu of acting as Board of Adjustment for the City, appoint a separate Board to aid in the administration of this ordinance, with powers and duties as hereinabove set forth. Said Board shall consist of five (5) members, each to be appointed by the Mayor, with the consent of the City Council, for a term of four (4) years, provided that the terms of the members of the first Board so appointed shall be such that the term of not more than two (2) members shall expire in any one year. One member of the Board shall also be a member of the planning commission. Any member may be removed for cause by the City Council upon written charges and after a public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term is not completed. Page 8 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 11.21.2024Page 32 of 104 CHAPTER 13 RP-A RESIDENCE ZONE SECTION: 10-13-1: General Objectives and Characteristics of Zone 10-13-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objectives in establishing the RP-A Residence Zone is to provide a residential environment within the City which is characterized by smaller lots and somewhat denser residential environment than is characteristic of the RP Residence Zone. Nevertheless, this zone is characterized by spacious yards and other residential amenities adequate to maintain desirable single-family residential conditions. The principal uses permitted in this zone shall be single-family dwelling units and certain other public facilities needed to promote and maintain stable residential neighborhoods. No single lot, regardless of the status of platting in the RP-A Residence Zone shall contain more than one dwelling unit, except as specifically allowed by this Title. This zone does not allow density that will exceed 2.5 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 RP-A 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 11.21.2024Page 33 of 104 104 of 34 Page 11.21.2024 Council City Ammon 104 of 35 Page 11.21.2024 Council City Ammon Ammon City Council 11.21.2024Page 36 of 104 Ammon City Council 11.21.2024Page 37 of 104 Ammon City Council 11.21.2024Page 38 of 104 Ammon City Council 11.21.2024Page 39 of 104 Ammon City Council 11.21.2024Page 40 of 104 Ammon City Council 11.21.2024Page 41 of 104 Ammon City Council 11.21.2024Page 42 of 104 Ammon City Council 11.21.2024Page 43 of 104 Ammon City Council 11.21.2024Page 44 of 104 Ammon City Council 11.21.2024Page 45 of 104 Ammon City Council 11.21.2024Page 46 of 104 Ammon City Council 11.21.2024Page 47 of 104 Ammon City Council 11.21.2024Page 48 of 104 Ammon City Council 11.21.2024Page 49 of 104 Ammon City Council 11.21.2024Page 50 of 104 Ammon City Council 11.21.2024Page 51 of 104 Ammon City Council 11.21.2024Page 52 of 104 Ammon City Council 11.21.2024Page 53 of 104 !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ aĻĻƷźƓŭ bƚǝĻƒĬĻƩ ЋЊͲ ЋЉЋЍ 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ĭƚƓķźƷźƚƓƭʹ {/ΏЊʹ Ļğĭŷ ƌƚƷ ƦğǤƭ υАБВ͵ЏЊ ƦĻƩ ƌƚƷ ŅƚƩ ƷŷĻ źƓĭǒƩƩĻķ ĭƚƭƷƭ ƚŅ ƷŷĻ ǞĻƌƌͲ ƭƷƚƩğŭĻ ƷğƓƉͲ ğƓķ ƦƩƚƦĻƩƷǤ {/ΏЋʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ ŅƚƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ƚŅ Ʃƚğķ źƒƦƩƚǝĻƒĻƓƷƭ ĬğƭĻķ ƚƓ ğ ƷƩğŅŅźĭ ƭƷǒķǤ {/ΏЌʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ υЌВЋͲЉЉЉ ŅƚƩ ƷŷĻ ƦǒƩĭŷğƭĻ ƚŅ ŭƩƚǒƓķǞğƷĻƩ ƩźŭŷƷƭͲ ĭƚƒƦƌĻƷĻķ {/ΏЍʹ hĬƷğźƓ C9a! ğƦƦƩƚǝğƌ ŅƚƩ ŅƌƚƚķƦƌğźƓ ƒźƷźŭğƷźƚƓ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 11.21.2024Page 54 of 104 {/ΏЎʹ {ŷğƌƌ ĭƚƒƦƌĻƷĻ ƚƩ ĭƚƓƷƩźĬǒƷĻ Ʒƚ źƒƦƩƚǝĻƒĻƓƷƭ ƩĻƨǒźƩĻķ ŅƩƚƒ ƷŷĻ ğƓƓĻǣğƷźƚƓ ƭƷǒķźĻƭ {/ΏЏʹ 5ĻǝĻƌƚƦƒĻƓƷ ƭŷğƌƌ źƓĭƌǒķĻ Ɠƚ ƒƚƩĻ ƷŷğƓ ЋВЋ ƷƚǞƓŷƚƒĻ ǒƓźƷƭ {/ΏАʹ !ƌƌ ĭƚƓƭƷƩǒĭƷźƚƓ ǝĻŷźĭƌĻƭ ƒǒƭƷ ǒƭĻ ЍВƷŷ {ƚǒƷŷͲ ƓƚƷ ĻǣźƭƷźƓŭ ƭǒĬķźǝźƭźƚƓƭ Ʒƚ ğĭĭĻƭƭ ƷŷĻ ƭźƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƓƷƩźĬǒƷźƚƓƭʹ ğƷĻƩ wźŭŷƷƭ 5ĻǝĻƌƚƦƒĻƓƷ Ǟźƌƌ ǒƭĻ ƦƩĻƭƭǒƩźǩĻķ źƩƩźŭğƷźƚƓ wƚğķ /ƚƓƭƷƩǒĭƷźƚƓ {ƚǒƷŷͲ ĭƚƓƷƩźĬǒƷĻ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ŅƚƩ ЍВƷŷ {ƚǒƷŷΉЋЎƷŷ 9ğƭƷ ǞĻƭƷĬƚǒƓķ ƭƌźƦ ƌğƓĻͲ ĭƚƓƷƩźĬǒƷĻ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ŅƚƩ ƷŷĻ ǞźķĻƓźƓŭ ƚŅ ЋЎƷŷ 9ğƭƷ Ʒƚ Ќ ƌğƓĻƭ ƓƚƩƷŷ ƚŅ ЍВƷŷ {ƚǒƷŷͲ ğƓķ ĭƚƓƷƩźĬǒƷĻ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ŅƚƩ ƷŷĻ źƓƭƷğƌƌğƷźƚƓ ƚŅ ğ ƷƩğŅŅźĭ ƭźŭƓğƌ ğƷ ЍВƷŷ {ƚǒƷŷΉ!ƒƒƚƓ wƚğķ͵ tğƩƉƭ ƭŷğƌƌ ƦğǤ ƷŷĻ ğƒƚǒƓƷ źƓ ƷŷĻ ĭǒƩƩĻƓƷ /źƷǤ ƚŅ !ƒƒƚƓ CĻĻ wĻƭƚƌǒƷźƚƓ ƦĻƩ ƩĻƭźķĻƓƷźğƌ ǒƓźƷ ŅƚƩ ğƌƌ ƌƚƷƭ ǞźƷŷźƓ ƷŷĻ ķźǝźƭźƚƓ ƦƩźƚƩ Ʒƚ źƭƭǒğƓĭĻ ƚŅ ğ ĬǒźƌķźƓŭ ƦĻƩƒźƷ \[ğǞ 9ƓŅƚƩĭĻƒĻƓƷ ƭŷğƌƌ ƦğǤ ƷŷĻ ğƒƚǒƓƷ źƓ ƷŷĻ ĭǒƩƩĻƓƷ /źƷǤ ƚŅ !ƒƒƚƓ CĻĻ wĻƭƚƌǒƷźƚƓ ğƷ ƷŷĻ ƷźƒĻ ƚŅ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ƷŷĻ ĬǒźƌķźƓŭ ƦĻƩƒźƷͲ ƦĻƩ ƩĻƭźķĻƓƷźğƌ ǒƓźƷ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓʹ ŷĻ /ƚƒƒźƭƭźƚƓ ƩĻǝźĻǞĻķ ƷŷĻ ƦƌğƷ ƚƓ bƚǝĻƒĬĻƩ ЏͲ ЋЉЋЍ ŷĻ /ƚƒƒźƭƭźƚƓ ƩĻĭƚƒƒĻƓķƭ ğƦƦƩƚǝğƌ ǒƓğƓźƒƚǒƭƌǤ tğƩĭĻƌ /ŷğƩğĭƷĻƩźƭƷźĭƭʹ Ώ DĻƓĻƩğƌ \[ƚĭğƷźƚƓʹ ƓƚƩƷŷ ƚŅ 9ğƭƷ ЍВƷŷ {ƚǒƷŷ ΛƚǞƓƭŷźƦ wƚğķΜͲ ĻğƭƷ ƚŅ {ƷƩĻĻƷĻƩ !ǝĻƓǒĻͲ ƭƚǒƷŷ ƚŅ ğǤƌƚƩǝźĻǞ \[ğƓĻͲ ğƓķ ǞĻƭƷ ƚŅ ЌЎƷŷ 9ğƭƷ Λ!ƒƒƚƓ wƚğķΜ͵ Ώ !ĭƩĻƭʹ Б͵ЎЉЌ ğĭƩĻƭ Ώ ƚƓźƓŭʹ wΏЊ Ώ 5źǝźƭźƚƓ 5ĻƓƭźƷǤʹ Ћ͵ВЍ ǒƓźƷƭ ƦĻƩ ğĭƩĻ ΛDƩƚƭƭΜ Ή Ќ͵АА ǒƓźƷƭ ƦĻƩ ğĭƩĻ ΛbĻƷΜ Ώ !ǝĻƩğŭĻ \[ƚƷ {źǩĻʹ Љ͵ЋЏЎ ğĭƩĻƭ ƚƩ ЊЊͲЎЍЌ ƭƨ͵ ŅƷ͵ Ώ \[ƚƷƭʹ ЋЎ wΏЊ ƌƚƷƭ ʹ Ώ !ƦƦƩƚǝğƌ ƚŅ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ CźƓğƌ tƌğƷ Ώ tƩĻƭĻƓƷĻķ ĬǤ /ǒƩƷźƭ WƚŷƓƭƚƓͲ wƚĭƉǞĻƌƌ IƚƒĻƭ ğƓķ Ʃğǝźƭ tğǤƓĻͲ /ƚƓƓĻĭƷ 9ƓŭźƓĻĻƩźƓŭ aƚƷźƚƓʹ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ğƦƦƩƚǝĻ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ CźƓğƌ tƌğƷ ŅźƓķźƓŭ źƷ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ /źƷǤ hƩķźƓğƓĭĻͲ ƭǒĬƆĻĭƷ Ʒƚ ƷĻĭŷƓźĭğƌ ƩĻǝźĻǞ ΛƭƷğƷĻ ğƓǤ ƩĻƨǒźƩĻƒĻƓƷƭ ŅƚƩ ğƦƦƩƚǝğƌͲ źŅ ğƦƦƌźĭğĬƌĻΜ 5ĻƓǤ L ƒƚǝĻ Ʒƚ ķĻƓǤ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ CźƓğƌ tƌğƷ ŅźƓķźƓŭ źƷ źƭ ƓƚƷ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ /źƷǤ hƩķźƓğƓĭĻ ΛƭƷğƷĻ ƩĻğƭƚƓ ŅƚƩ ķĻƓźğƌΜ /ƚƓƷźƓǒĻ L ƒƚǝĻ Ʒƚ ĭƚƓƷźƓǒĻ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ CźƓğƌ tƌğƷ ǒƓƷźƌ ŅǒƩƷŷĻƩ źƓŅƚƩƒğƷźƚƓ ĭğƓ ĬĻ ƚĬƷğźƓĻķ ΛƭƷğƷĻ źƓŅƚƩƒğƷźƚƓ ƓĻĻķĻķΜ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 11.21.2024Page 55 of 104 !ƷƷğĭŷƒĻƓƷƭʹ Њ͵ źĭźƓźƷǤ ağƦ Ћ͵ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ CźƓğƌ tƌğƷ Ќ͵ bƚƩƷŷ źƌƌğŭĻ {ǒĬķźǝźƭźƚƓ tƩĻƌźƒźƓğƩǤ tƌğƷ Ѝ͵ ЊЉΏЋВΏБ CźƓğƌ tƌğƷ wĻƨǒźƩĻƒĻƓƷƭ Ў͵ ЊЉΏЊЍ wΏЊ wĻƭźķĻƓĭĻ ƚƓĻ Џ͵ ЊЉΏЌАΏЋΛ!Μ wĻƭźķĻƓƷźğƌ 5źƭƷƩźĭƷ ƭĻƭ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ќ Ammon City Council 11.21.2024Page 56 of 104 Ammon City Council 11.21.2024Page 57 of 104 104 of 60 Page 11.21.2024 Council City Ammon 104 of 61 Page 11.21.2024 Council City Ammon 104 of 62 Page 11.21.2024 Council City Ammon 104 of 63 Page 11.21.2024 Council City Ammon !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ aĻĻƷźƓŭ bƚǝĻƒĬĻƩ ЋЊͲ ЋЉЋЍ ağǤƚƩ /ƚƌĻƷƷź ğƓķ /źƷǤ /ƚǒƓĭźƌ aĻƒĬĻƩƭʹ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ Ώ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ {ƷğŅŅ tƩĻƭĻƓƷźƓŭʹ /źƓķǤ 5ƚƓƚǝğƓ tƌğƓƓźƓŭ 5źƩĻĭƷƚƩ {ǒƒƒğƩǤ ƚŅ !ƓğƌǤƭźƭʹ Њ͵ ŷĻ {ĻĭƚƓķ !ƒĻƓķĻķ !ƓƓĻǣğƷźƚƓ !ŭƩĻĻƒĻƓƷ Ǟğƭ ğƦƦƩƚǝĻķ ĬǤ /źƷǤ /ƚǒƓĭźƌ ƚƓ hĭƷƚĬĻƩ ЋͲ ЋЉЋЋ Ћ͵ ŷĻ /ƚƒƒźƭƭźƚƓ ƩĻĭƚƒƒĻƓķĻķ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƦƩĻƌźƒźƓğƩǤ ƦƌğƷ ƚƓ hĭƷƚĬĻƩ ЊВͲ ЋЉЋЋ Ќ͵ ŷĻ bƚƩƷŷ źƌƌğŭĻ tƩĻƌźƒźƓğƩǤ tƌğƷ Ǟğƭ ğƦƦƩƚǝĻķ ĬǤ ƷŷĻ /źƷǤ /ƚǒƓĭźƌ ƚƓ bƚǝĻƒĬĻƩ ЋЋͲ ЋЉЋЋ Ѝ͵ ŷĻ ğƓƓĻǣğƷźƚƓ ğŭƩĻĻƒĻƓƷ ŅƚƩ ƷŷĻ ƭƚǒƷŷ ğƓķ ƓƚƩƷŷ ƦğƩĭĻƌƭ ƚŅ !ƒƒƚƓ źƌƌğŭĻ Ǟğƭ ğƦƦƩƚǝĻķ ƚƓ hĭƷƚĬĻƩ ЋͲ ЋЉЋЋ ǞźƷŷ ƷŷĻ ŅƚƌƌƚǞźƓŭ ƭƦĻĭźğƌ ĭƚƓķźƷźƚƓƭʹ {/ΏЊʹ Ļğĭŷ ƌƚƷ ƦğǤƭ υАБВ͵ЏЊ ƦĻƩ ƌƚƷ ŅƚƩ ƷŷĻ źƓĭǒƩƩĻķ ĭƚƭƷƭ ƚŅ ƷŷĻ ǞĻƌƌͲ ƭƷƚƩğŭĻ ƷğƓƉͲ ğƓķ ƦƩƚƦĻƩƷǤ {/ΏЋʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ ŅƚƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ƚŅ Ʃƚğķ źƒƦƩƚǝĻƒĻƓƷƭ ĬğƭĻķ ƚƓ ğ ƷƩğŅŅźĭ ƭƷǒķǤ {/ΏЌʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ υЌВЋͲЉЉЉ ŅƚƩ ƷŷĻ ƦǒƩĭŷğƭĻ ƚŅ ŭƩƚǒƓķǞğƷĻƩ ƩźŭŷƷƭͲ ĭƚƒƦƌĻƷĻķ {/ΏЍʹ hĬƷğźƓ C9a! ğƦƦƩƚǝğƌ ŅƚƩ ŅƌƚƚķƦƌğźƓ ƒźƷźŭğƷźƚƓ {/ΏЎʹ {ŷğƌƌ ĭƚƒƦƌĻƷĻ ƚƩ ĭƚƓƷƩźĬǒƷĻ Ʒƚ źƒƦƩƚǝĻƒĻƓƷƭ ƩĻƨǒźƩĻķ ŅƩƚƒ ƷŷĻ ğƓƓĻǣğƷźƚƓ ƭƷǒķźĻƭ {/ΏЏʹ 5ĻǝĻƌƚƦƒĻƓƷ ƭŷğƌƌ źƓĭƌǒķĻ Ɠƚ ƒƚƩĻ ƷŷğƓ ЋВЋ ƷƚǞƓŷƚƒĻ ǒƓźƷƭ {/ΏАʹ !ƌƌ ĭƚƓƭƷƩǒĭƷźƚƓ ǝĻŷźĭƌĻƭ ƒǒƭƷ ǒƭĻ ЍВƷŷ {ƚǒƷŷͲ ƓƚƷ ĻǣźƭƷźƓŭ ƭǒĬķźǝźƭźƚƓƭ Ʒƚ ğĭĭĻƭƭ ƷŷĻ ƭźƷĻ Ў͵ ŷĻ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ŅƚƩ 5źǝźƭźƚƓ Ќ Ǟźƌƌ źƓĭƌǒķĻʹ Њ͵Њ͵ {/ΏЊʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ Ʒƚ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ ƷŷĻ ğƒƚǒƓƷ ƚŅ υАБВ͵ЏЊ ƦĻƩ ƌƚƷ ŅƚƩ ƷŷĻ źƓĭǒƩƩĻķ ĭƚƭƷ ƚŅ ƷŷĻ ĭƚƓƭƷƩǒĭƷźƚƓ ƚŅ Ļƌƌ ЊЌͲ ƭƷƚƩğŭĻ ƷğƓƉͲ ğƓķ ƭǒƩƩƚǒƓķźƓŭ ƦƩƚƦĻƩƷǤ͵ Њ͵Ћ͵ {/ΏЋʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ĭƚƒƦƌĻƷĻ ƚƩ ĭƚƓƷƩźĬǒƷĻ Ʒƚ ğƌƌ źƒƦƩƚǝĻƒĻƓƷƭ ƩĻƨǒźƩĻķ ĬğƭĻķ ƚƓ ƷŷĻ ƭƷǒķźĻƭ ƦƩƚǝźķĻķͲ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ /źƷǤ /ƚķĻ ЊЊΏЊΏЏ \[͵ ğ͵ ƩğŅŅźĭ {ƷǒķǤʹ ź͵ ЍВƷŷ {ƚǒƷŷΉЋЎƷŷ 9ğƭƷ ĻƭƷĬƚǒƓķ {ƌźƦ \[ğƓĻ Ʀğźķ ƷŷĻźƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ƚŅ υЍͲЋЎБͲ ğƭ ƩĻƨǒźƩĻķͲ źƓ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Њ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ͵ źź͵ ЋЎƷŷ 9ğƭƷ źķĻƓ Ʒƚ Ќ ƌğƓĻƭ ƓƚƩƷŷ ƚŅ ЍВƷŷ {ƚǒƷŷ ƭŷğƌƌ ƦƩƚǝźķĻ ƦƩƚƚŅ ƚŅ ƦğǤƒĻƓƷ ƚŅ ƷŷĻźƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻͲ υЌͲЍБЉ͵ББ Ʒƚ ƷŷĻ /źƷǤ ƚŅ Lķğŷƚ Cğƌƌƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ ĬǒźƌķźƓŭ ƦĻƩƒźƷͲ ğƭ ƩĻƨǒźƩĻķͲ źƓ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Њ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ͵ źźź͵ ЍВƷŷ {ƚǒƷŷΉ!ƒƒƚƓ wƚğķ źƓƭƷğƌƌ ƷƩğŅŅźĭ ƭźŭƓğƌ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ ƷŷĻźƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ƚŅ А͵Ћі ƚŅ ĭƚƓƭƷƩǒĭƷźƚƓ ĭƚƭƷƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ ĬǒźƌķźƓŭ ƦĻƩƒźƷ ŅƚƩ ƷŷĻ ƌƚƷƭ ğķƆğĭĻƓƷ Ʒƚ ğǤƌƚƩǝźĻǞ \[ğƓĻ ƚƩ hƌƭĻƓ tğƩƉ ĬǒƷ Ɠƚ ƌğƷĻƩ ƷŷğƓ WğƓǒğƩǤ ЊͲ ЋЉЌЋ ğƭ ƩĻƨǒźƩĻķ źƓ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ћ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷͲ ğ ƦƚƩƷźƚƓ ƚŅ Ʒŷźƭ ĭƚƭƷ ƒğǤ źƓĭƌǒķĻ ķĻƭźŭƓ ƦƌğƓƭ ŅƚƩ ƷŷĻ ƭźŭƓğƌ ğƷ ƷŷĻ źƓƷĻƩƭĻĭƷźƚƓ ƚŅ ЍВƷŷ {ƚǒƷŷ ğƓķ !ƒƒƚƓ wƚğķ͵ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 11.21.2024Page 64 of 104 Ĭ͵ ğƷĻƩ {ƷǒķǤʹ /ƚƒƦƌĻƷĻķ Ʀğźķ υЌВЋͲЉЉЉ ŅƚƩ ŭƩƚǒƓķǞğƷĻƩ ƩźŭŷƷƭͲ ğƓķ Ǟźƌƌ ƦğǤ υАБВ͵ЏЊ ƦĻƩ ƌƚƷ ǞźƷŷ ĬǒźƌķźƓŭ ƦĻƩƒźƷ ĭ͵ ğƭƷĻǞğƷĻƩ {ƷǒķǤʹ /ƚƒƦƌĻƷĻķ ǞźƷŷ ğƓƓĻǣğƷźƚƓ źƓƷƚ ƷŷĻ 9ğƭƷĻƩƓ Lķğŷƚ wĻŭźƚƓğƌ ķ͵ CƌƚƚķƦƌğźƓ {ƷǒķǤʹ /ƚƒƦƌĻƷĻķͲ ƓĻǞ C9a! ƒğƦ ƚŅ ƷŷĻ ğƩĻğ ĻŅŅĻĭƷźǝĻ CĻĬƩǒğƩǤ ЊͲ ЋЉЋЌ Ļ͵ \[ĻǝĻƌ Њ 9ƓǝźƩƚƓƒĻƓƷğƌ {ƷǒķǤʹ /ƚƒƦƌĻƷĻķͲ ƭŷƚǞĻķ Ɠƚ ƦƩĻƭĻƓĭĻ ƚŅ ĻƓǝźƩƚƓƒĻƓƷğƌ ǞğƭƷĻ Ņ͵ Cźƭĭğƌ LƒƦğĭƷ !ƓğƌǤƭźƭʹ /ƚƒƦƌĻƷĻķͲ Ǟźƌƌ ƭŷƚǞ ƦƚƭźƷźǝĻ ƩĻƷǒƩƓƭ Ʒƚ ƷŷĻ DĻƓĻƩğƌ CǒƓķ ğŅƷĻƩ źƓźƷźğƌ ķĻǝĻƌƚƦĻķ ǤĻğƩ͵ Њ͵Ќ͵ {/ΏЌʹ !ƭ ƩĻƨǒźƩĻķ źƓ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Њ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷͲ ķĻǝĻƌƚƦĻƩ ƭŷğƌƌ źƒƦƩƚǝĻ ƷŷĻ ЍВƷŷ {ƚǒƷŷ ŅƩƚƓƷğŭĻ ǒƭźƓŭ ƷŷĻ ğƦƦƩƚǝĻķ ĭƩƚƭƭ ƭĻĭƷźƚƓ ŅƚƩ ƷŷƩĻĻ ΛЌΜ ƌğƓĻƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ źƓ 5źǝźƭźƚƓ Њ͵ ŷĻƭĻ źƒƦƩƚǝĻƒĻƓƷƭ ƭŷğƌƌ źƓĭƌǒķĻ ĬǒƷ ğƩĻ ƓƚƷ ƌźƒźƷĻķ Ʒƚ ĭǒƩĬͲ ŭǒƷƷĻƩͲ ğƓķ ƭźķĻǞğƌƉͲ ğƓķ ƭŷğƌƌ ĬĻ ĭƚƓƭƷƩǒĭƷĻķ ğĭĭƚƩķźƓŭ Ʒƚ /źƷǤ ƚŅ !ƒƒƚƓ ğķƚƦƷĻķ ƭƷğƓķğƩķƭ͵ Њ͵Ѝ͵ {/ΏЍʹ ŷĻ !ƒƒƚƓ bƚƩƷŷ źƌƌğŭĻ 5ĻǝĻƌƚƦƒĻƓƷ ƭŷğƌƌ ĭƚƓƷğźƓ Ɠƚ ƒƚƩĻ ƷŷğƓ ĻźŭŷƷǤΏŅźǝĻ ΛБЎΜ ƷƚǞƓŷƚƒĻƭ͵ Њ͵Ў͵ {/ΏЎʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦƩƚǝźķĻ ŭƩĻĻƓ ƭƦğĭĻΉƦğƩƉ ƭƦğĭĻ ĻƨǒźǝğƌĻƓƷ Ʒƚ ƷŷĻ ğƒƚǒƓƷ ƚŅ ğƩĻğ ƭŷƚǞƓ źƓ ƷŷĻ ƦƩĻƌźƒźƓğƩǤ ƦƌğƷ ŅƚƩ ğƩĻğ ƓƚƩƷŷ ƚŅ ЍВƷŷ {ƚǒƷŷ͵ Њ͵Џ͵ {/ΏЏʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ĭƚƓƭƷƩǒĭƷ ğƓ ĻźŭŷƷ ΛБΜ ŅƚƚƷ ƦğǝĻķ ƦğƷŷǞğǤ ğƌƚƓŭ ƷŷĻ ĭğƓğƌ ƚƓ ƷŷĻ ĻğƭƷ ƭźķĻ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ƷŷĻ ƌĻƓŭƷŷ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ƦƩźƚƩ Ʒƚ ŅźƓğƌ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ ŅƚƩ 5źǝźƭźƚƓ Њ͵ Њ͵А͵ {/ΏАʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƩĻƨǒźƩĻ ğƌƌ ĭƚƓƭƷƩǒĭƷźƚƓ ǝĻŷźĭƌĻƭ Ʒƚ ƚĬƷğźƓ ğĭĭĻƭƭ ŅƩƚƒ ЍВƷŷ {ƚǒƷŷͲ ƓƚƷ ƷŷƩƚǒŭŷ ĭǒƩƩĻƓƷ ƭǒĬķźǝźƭźƚƓƭ͵ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƓƷƩźĬǒƷźƚƓƭʹ ğƷĻƩ wźŭŷƷƭ 5ĻǝĻƌƚƦƒĻƓƷ Ǟźƌƌ ǒƭĻ ƦƩĻƭƭǒƩźǩĻķ źƩƩźŭğƷźƚƓ Ʒŷ wƚğķ /ƚƓƭƷƩǒĭƷźƚƓ ŷĻ bƚƩƷŷ źƌƌğŭĻ {ƚǒƷŷͲ ĭƚƓƷƩźĬǒƷĻ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ŅƚƩ ЍВƷŷ {ƚǒƷŷΉЋЎƷŷ 9ğƭƷ ǞĻƭƷĬƚǒƓķ ƭƌźƦ ƌğƓĻͲ ĭƚƓƷƩźĬǒƷĻ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ŅƚƩ ƷŷĻ ǞźķĻƓźƓŭ ƚŅ ЋЎƷŷ 9ğƭƷ Ʒƚ Ќ ƌğƓĻƭ ƓƚƩƷŷ ƚŅ ЍВƷŷ {ƚǒƷŷͲ ğƓķ ĭƚƓƷƩźĬǒƷĻ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ŅƚƩ ƷŷĻ źƓƭƷğƌƌğƷźƚƓ ƚŅ ğ ƷƩğŅŅźĭ ƭźŭƓğƌ ğƷ ЍВƷŷ {ƚǒƷŷΉ!ƒƒƚƓ wƚğķ͵ tğƩƉƭ ƭŷğƌƌ ƦğǤ ƷŷĻ ğƒƚǒƓƷ źƓ ƷŷĻ ĭǒƩƩĻƓƷ /źƷǤ ƚŅ !ƒƒƚƓ CĻĻ wĻƭƚƌǒƷźƚƓ ƦĻƩ ƩĻƭźķĻƓƷźğƌ ǒƓźƷ \[ğǞ 9ƓŅƚƩĭĻƒĻƓƷ ƭŷğƌƌ ƦğǤ ƷŷĻ ğƒƚǒƓƷ źƓ ƷŷĻ ĭǒƩƩĻƓƷ /źƷǤ ƚŅ !ƒƒƚƓ CĻĻ wĻƭƚƌǒƷźƚƓ ğƷ ƷŷĻ ƷźƒĻ ƚŅ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ƷŷĻ ĬǒźƌķźƓŭ ƦĻƩƒźƷͲ ƦĻƩ ƩĻƭźķĻƓƷźğƌ ǒƓźƷ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ 5źǝźƭźƚƓ Њʹ Њ͵Њ͵ {/ΏЊʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ Ʒƚ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ ƷŷĻ ğƒƚǒƓƷ ƚŅ υАБВ͵ЏЊ ƦĻƩ ƌƚƷ ŅƚƩ ƷŷĻ źƓĭǒƩƩĻķ ĭƚƭƷ ƚŅ ƷŷĻ ĭƚƓƭƷƩǒĭƷźƚƓ ƚŅ Ļƌƌ ЊЌͲ ƭƷƚƩğŭĻ ƷğƓƉͲ ğƓķ ƭǒƩƩƚǒƓķźƓŭ ƦƩƚƦĻƩƷǤ͵ Њ͵Ћ͵ {/ΏЋʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ĭƚƓƓĻĭƷ ƭĻǞĻƩ ƓƚƩƷŷ Ʒƚ hƌƭĻƓ tğƩƉ {ǒĬķźǝźƭźƚƓ ƦƩźƚƩ Ʒƚ źƭƭǒğƓĭĻ ƚŅ ƷŷĻ ŅźƩƭƷ ĬǒźƌķźƓŭ ƦĻƩƒźƷ͵ Њ͵Ќ͵ {/ΏЌʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ źƓ ƌźĻǒ ƚŅ ƷŷĻźƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ƷƚǞğƩķƭ źƓƭƷğƌƌğƷźƚƓ ƚŅ ǞĻƭƷĬƚǒƓķ ƭƌźƦ ƌğƓĻ źƓ ƷŷĻ ğƒƚǒƓƷ υЍͲЋЎБ ƷƚǞğƩķ źƓƷĻƩƭĻĭƷźƚƓ ƚŅ ЍВƷŷ {ƚǒƷŷ ğƓķ !ƒƒƚƓ wƚğķ ĬğƭĻķ ƚƓ ƷŷĻ ķźƩĻĭƷźƚƓ ƚŅ ƷŷĻ ƩğŅŅźĭ LƒƦğĭƷ {ƷǒķǤ ƦƩźƚƩ Ʒƚ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ƷŷĻ ŅźƩƭƷ ĬǒźƌķźƓŭ ƦĻƩƒźƷ ğƓķ ƩĻƨǒźƩĻƒĻƓƷƭ ƚŅ ƷŷĻ /źƷǤ 9ƓŭźƓĻĻƩͲ ğƭ ƓƚƷĻķ źƓ ƦğƩğŭƩğƦŷ Џ͵ЋА ğĬƚǝĻ͵ Њ͵Ѝ͵ {/ΏЍʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ źƒƦƩƚǝĻ ƷŷĻ ЍВƷŷ {ƚǒƷŷ ŅƩƚƓƷğŭĻ ǒƭźƓŭ ƷŷĻ ğƦƦƩƚǝĻķ ĭƩƚƭƭ ƭĻĭƷźƚƓ ŅƚƩ ƷŷƩĻĻ ΛЌΜ ƌğƓĻƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ͵ ŷĻƭĻ źƒƦƩƚǝĻƒĻƓƷƭ ƭŷğƌƌ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 11.21.2024Page 65 of 104 źƓĭƌǒķĻ ĬǒƷ ğƩĻ ƓƚƷ ƌźƒźƷĻķ Ʒƚ ĭǒƩĬͲ ŭǒƷƷĻƩͲ ğƓķ ƭźķĻǞğƌƉͲ ğƓķ ƭŷğƌƌ ĬĻ ĭƚƓƭƷƩǒĭƷĻķ ğĭĭƚƩķźƓŭ Ʒƚ /źƷǤ ƚŅ !ƒƒƚƓ ğķƚƦƷĻķ ƭƷğƓķğƩķƭ͵ Њ͵Ў͵ {/ΏЎʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦƩƚǝźķĻ ƦƩƚƚŅ ƚŅ ƦğǤƒĻƓƷ ƚŅ ƷŷĻźƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ƷƚǞğƩķƭ źƒƦƩƚǝĻƒĻƓƷƭ Ʒƚ ǞźķĻƓ ƷŷĻ ƓƚƩƷŷ ƭźķĻ ƚŅ ЍВƷŷ {ƚǒƷŷ ğƷ ƷŷĻ źƓƷĻƩƭĻĭƷźƚƓ ƚŅ ЋЎƷŷ 9ğƭƷ źƓ ƷŷĻ ğƒƚǒƓƷ ƚŅ υЌͲБЍЉ͵ББ ƩĻƨǒźƩĻķ ĬǤ ƷŷĻ ƩğŅŅźĭ LƒƦğĭƷ {ƷǒķǤ Ʒƚ ƷŷĻ /źƷǤ ƚŅ Lķğŷƚ Cğƌƌƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ ĬǒźƌķźƓŭ ƦĻƩƒźƷ͵ Њ͵Џ͵ {/ΏЏʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ĭƚƒƦƌĻƷĻ ƚƩ ĭƚƓƷƩźĬǒƷĻ Ʒƚ ğƌƌ źƒƦƩƚǝĻƒĻƓƷƭ ƩĻƨǒźƩĻķ ĬğƭĻķ ƚƓ ƷŷĻ ƭƷǒķźĻƭ ƦƩƚǝźķĻķͲ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ /źƷǤ /ƚķĻ ЊЊΏЊΏЏ \[͵ Њ͵А͵ {/ΏАʹ ŷĻ !ƒƒƚƓ bƚƩƷŷ źƌƌğŭĻ 5ĻǝĻƌƚƦƒĻƓƷ ƭŷğƌƌ ĭƚƓƷğźƓ Ɠƚ ƒƚƩĻ ƷŷğƓ ĻźŭŷƷǤΏŅźǝĻ ΛБЎΜ ƷƚǞƓŷƚƒĻƭ͵ Њ͵Б͵ {/ΏБʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦƩƚǝźķĻ ŭƩĻĻƓ ƭƦğĭĻΉƦğƩƉ ƭƦğĭĻ ĻƨǒźǝğƌĻƓƷ Ʒƚ ƷŷĻ ğƒƚǒƓƷ ƚŅ ğƩĻğ ƭŷƚǞƓ źƓ ƷŷĻ ƦƩĻƌźƒźƓğƩǤ ƦƌğƷ ŅƚƩ ğƩĻğ ƓƚƩƷŷ ƚŅ ЍВƷŷ {ƚǒƷŷ͵ Њ͵В͵ {/ΏВʹ hƦƷźƚƓ Њ Ώ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ĭƚƓƭƷƩǒĭƷ ğƓ ĻźŭŷƷ ΛБΜ ŅƚƚƷ ƦğǝĻķ ƦğƷŷǞğǤ ğƌƚƓŭ ƷŷĻ ĭğƓğƌ ƚƓ ƷŷĻ ĻğƭƷ ƭźķĻ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ƷŷĻ ƌĻƓŭƷŷ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ƦƩźƚƩ Ʒƚ ŅźƓğƌ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ ŅƚƩ 5źǝźƭźƚƓ Њ͵ {/ΏВʹ hƦƷźƚƓ Ћ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ĭƚƓƭƷƩǒĭƷ ğƓ ĻźŭŷƷ ΛБΜ ŅƚƚƷ ƦğǝĻķ ƦğƷŷǞğǤ ƷŷƩƚǒŭŷ ƷŷĻ !ƒƒƚƓ bƚƩƷŷ źƌƌğŭĻ ƦƩƚƦĻƩƷǤ Ʒƚ ĭƚƓƓĻĭƷ ŅƩƚƒ ЍВƷŷ {ƚǒƷŷ Ʒƚ ƷŷĻ hƌƭĻƓ tğƩƉ ƭǒĬķźǝźƭźƚƓ ƦƩźƚƩ Ʒƚ ŅźƓğƌ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ ŅƚƩ 5źǝźƭźƚƓ Њ͵ Њ͵ЊЉ͵ {/ΏЊЉʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƩĻƨǒźƩĻ ğƌƌ ĭƚƓƭƷƩǒĭƷźƚƓ ǝĻŷźĭƌĻƭ Ʒƚ ƚĬƷğźƓ ğĭĭĻƭƭ ŅƩƚƒ ЍВƷŷ {ƚǒƷŷͲ ƓƚƷ ƷŷƩƚǒŭŷ ĭǒƩƩĻƓƷ ƭǒĬķźǝźƭźƚƓƭ͵ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ 5źǝźƭźƚƓ Ћʹ Њ͵Б͵ {/ΏЊʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ Ʒƚ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ ƷŷĻ ğƒƚǒƓƷ ƚŅ υАБВ͵ЏЊ ƦĻƩ ƌƚƷ ŅƚƩ ƷŷĻ źƓĭǒƩƩĻķ ĭƚƭƷ ƚŅ ƷŷĻ ĭƚƓƭƷƩǒĭƷźƚƓ ƚŅ Ļƌƌ ЊЌͲ ƭƷƚƩğŭĻ ƷğƓƉͲ ğƓķ ƭǒƩƩƚǒƓķźƓŭ ƦƩƚƦĻƩƷǤ͵ Њ͵В͵ {/ΏЋʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ĭƚƒƦƌĻƷĻ ƚƩ ĭƚƓƷƩźĬǒƷĻ Ʒƚ ğƌƌ źƒƦƩƚǝĻƒĻƓƷƭ ƩĻƨǒźƩĻķ ĬğƭĻķ ƚƓ ƷŷĻ ƭƷǒķźĻƭ ƦƩƚǝźķĻķͲ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ /źƷǤ /ƚķĻ ЊЊΏЊΏЏ \[͵ ŭ͵ ƩğŅŅźĭ {ƷǒķǤʹ źǝ͵ ЍВƷŷ {ƚǒƷŷΉЋЎƷŷ 9ğƭƷ ĻƭƷĬƚǒƓķ {ƌźƦ \[ğƓĻ Ʀğźķ ƷŷĻźƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ƚŅ υЍͲЋЎБͲ ğƭ ƩĻƨǒźƩĻķͲ źƓ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Њ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ͵ ǝ͵ ЋЎƷŷ 9ğƭƷ źķĻƓ Ʒƚ Ќ ƌğƓĻƭ ƓƚƩƷŷ ƚŅ ЍВƷŷ {ƚǒƷŷ ƭŷğƌƌ ƦƩƚǝźķĻ ƦƩƚƚŅ ƚŅ ƦğǤƒĻƓƷ ƚŅ ƷŷĻźƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻͲ υЌͲЍБЉ͵ББ Ʒƚ ƷŷĻ /źƷǤ ƚŅ Lķğŷƚ Cğƌƌƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ ĬǒźƌķźƓŭ ƦĻƩƒźƷͲ ğƭ ƩĻƨǒźƩĻķͲ źƓ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Њ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ͵ ǝź͵ ЍВƷŷ {ƚǒƷŷΉ!ƒƒƚƓ wƚğķ źƓƭƷğƌƌ ƷƩğŅŅźĭ ƭźŭƓğƌ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ ƷŷĻźƩ ƦƩƚƦƚƩƷźƚƓğƷĻ ƭŷğƩĻ ƚŅ А͵Ћі ƚŅ ĭƚƓƭƷƩǒĭƷźƚƓ ĭƚƭƷƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ ĬǒźƌķźƓŭ ƦĻƩƒźƷ ŅƚƩ ƷŷĻ ƌƚƷƭ ğķƆğĭĻƓƷ Ʒƚ ğǤƌƚƩǝźĻǞ \[ğƓĻ ƚƩ hƌƭĻƓ tğƩƉ ĬǒƷ Ɠƚ ƌğƷĻƩ ƷŷğƓ WğƓǒğƩǤ ЊͲ ЋЉЌЋ͵ ŷ͵ ğƷĻƩ {ƷǒķǤʹ /ƚƒƦƌĻƷĻķ Ʀğźķ υЌВЋͲЉЉЉ ŅƚƩ ŭƩƚǒƓķǞğƷĻƩ ƩźŭŷƷƭͲ ğƓķ Ǟźƌƌ ƦğǤ υАБВ͵ЏЊ ƦĻƩ ƌƚƷ ǞźƷŷ ĬǒźƌķźƓŭ ƦĻƩƒźƷ ź͵ ğƭƷĻǞğƷĻƩ {ƷǒķǤʹ /ƚƒƦƌĻƷĻķ ǞźƷŷ ğƓƓĻǣğƷźƚƓ źƓƷƚ ƷŷĻ 9ğƭƷĻƩƓ Lķğŷƚ wĻŭźƚƓğƌ Ɔ͵ CƌƚƚķƦƌğźƓ {ƷǒķǤʹ /ƚƒƦƌĻƷĻķͲ ƓĻǞ C9a! ƒğƦ ƚŅ ƷŷĻ ğƩĻğ ĻŅŅĻĭƷźǝĻ CĻĬƩǒğƩǤ ЊͲ ЋЉЋЌ Ɖ͵ \[ĻǝĻƌ Њ 9ƓǝźƩƚƓƒĻƓƷğƌ {ƷǒķǤʹ /ƚƒƦƌĻƷĻķͲ ƭŷƚǞĻķ Ɠƚ ƦƩĻƭĻƓĭĻ ƚŅ ĻƓǝźƩƚƓƒĻƓƷğƌ ǞğƭƷĻ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ќ Ammon City Council 11.21.2024Page 66 of 104 ƌ͵ Cźƭĭğƌ LƒƦğĭƷ !ƓğƌǤƭźƭʹ /ƚƒƦƌĻƷĻķͲ Ǟźƌƌ ƭŷƚǞ ƦƚƭźƷźǝĻ ƩĻƷǒƩƓƭ Ʒƚ ƷŷĻ DĻƓĻƩğƌ CǒƓķ ğŅƷĻƩ źƓźƷźğƌ ķĻǝĻƌƚƦĻķ ǤĻğƩ͵ Њ͵ЊЉ͵ {/ΏЌʹ !ƭ ƩĻƨǒźƩĻķ źƓ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Њ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷͲ ķĻǝĻƌƚƦĻƩ ƭŷğƌƌ Ʒŷ źƒƦƩƚǝĻ ƷŷĻ ЍВ {ƚǒƷŷ ŅƩƚƓƷğŭĻ ǒƭźƓŭ ƷŷĻ ğƦƦƩƚǝĻķ ĭƩƚƭƭ ƭĻĭƷźƚƓ ŅƚƩ ƷŷƩĻĻ ΛЌΜ ƌğƓĻƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ źƓ 5źǝźƭźƚƓ Њ͵ ŷĻƭĻ źƒƦƩƚǝĻƒĻƓƷƭ ƭŷğƌƌ źƓĭƌǒķĻ ĬǒƷ ğƩĻ ƓƚƷ ƌźƒźƷĻķ Ʒƚ ĭǒƩĬͲ ŭǒƷƷĻƩͲ ğƓķ ƭźķĻǞğƌƉͲ ğƓķ ƭŷğƌƌ ĬĻ ĭƚƓƭƷƩǒĭƷĻķ ğĭĭƚƩķźƓŭ Ʒƚ /źƷǤ ƚŅ !ƒƒƚƓ ğķƚƦƷĻķ ƭƷğƓķğƩķƭ͵ Њ͵ЊЊ͵ {/ΏЍʹ ŷĻ !ƒƒƚƓ bƚƩƷŷ źƌƌğŭĻ 5ĻǝĻƌƚƦƒĻƓƷ ƭŷğƌƌ ĭƚƓƷğźƓ Ɠƚ ƒƚƩĻ ƷŷğƓ ĻźŭŷƷǤΏŅźǝĻ ΛБЎΜ ƷƚǞƓŷƚƒĻƭ͵ Њ͵ЊЋ͵ {/ΏЎʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦƩƚǝźķĻ ŭƩĻĻƓ ƭƦğĭĻΉƦğƩƉ ƭƦğĭĻ ĻƨǒźǝğƌĻƓƷ Ʒƚ ƷŷĻ ğƒƚǒƓƷ ƚŅ ğƩĻğ ƭŷƚǞƓ źƓ ƷŷĻ ƦƩĻƌźƒźƓğƩǤ ƦƌğƷ ŅƚƩ ğƩĻğ ƓƚƩƷŷ ƚŅ ЍВƷŷ {ƚǒƷŷ͵ Њ͵ЊЌ͵ {/ΏЏʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ĭƚƓƭƷƩǒĭƷ ğƓ ĻźŭŷƷ ΛБΜ ŅƚƚƷ ƦğǝĻķ ƦğƷŷǞğǤ ğƌƚƓŭ ƷŷĻ ĭğƓğƌ ƚƓ ƷŷĻ ĻğƭƷ ƭźķĻ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ƷŷĻ ƌĻƓŭƷŷ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ƦƩźƚƩ Ʒƚ ŅźƓğƌ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ ŅƚƩ 5źǝźƭźƚƓ Њ͵ Њ͵ЊЍ͵ {/ΏАʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƩĻƨǒźƩĻ ğƌƌ ĭƚƓƭƷƩǒĭƷźƚƓ ǝĻŷźĭƌĻƭ Ʒƚ ƚĬƷğźƓ ğĭĭĻƭƭ ŅƩƚƒ ЍВƷŷ {ƚǒƷŷͲ ƓƚƷ ƷŷƩƚǒŭŷ ĭǒƩƩĻƓƷ ƭǒĬķźǝźƭźƚƓƭ͵ tğƩĭĻƌ /ŷğƩğĭƷĻƩźƭƷźĭƭʹ Ώ DĻƓĻƩğƌ \[ƚĭğƷźƚƓʹ ƓƚƩƷŷ ƚŅ 9ğƭƷ ЍВƷŷ {ƚǒƷŷ ΛƚǞƓƭŷźƦ wƚğķΜͲ ĻğƭƷ ƚŅ {ƷƩĻĻƷĻƩ !ǝĻƓǒĻͲ ƭƚǒƷŷ ƚŅ ğǤƌƚƩǝźĻǞ \[ğƓĻͲ ğƓķ ǞĻƭƷ ƚŅ ЌЎƷŷ 9ğƭƷ Λ!ƒƒƚƓ wƚğķΜ͵ Ώ !ĭƩĻƭʹ ЊВ͵ЋЊЎ ğĭƩĻƭ Ώ ƚƓźƓŭʹ wΏЊ ğƓķ wΏЋ Ώ \[ƚƷƭʹ ЍБ wΏЊ ƌƚƷƭͲ ЌЍ wΏЋ ƌƚƷƭͲ ğƓķ Њ ƚƦĻƓ ƭƦğĭĻ ƌƚƷ ŅƚƩ БЌ ƷƚƷğƌ ƌƚƷƭ ʹ Ώ !ƦƦƩƚǝğƌ ƚŅ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ћ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ Ώ tƩĻƭĻƓƷĻķ ĬǤ /ǒƩƷźƭ WƚŷƓƭƚƓͲ wƚĭƉǞĻƌƌ IƚƒĻƭ aƚƷźƚƓʹ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ğƦƦƩƚǝĻ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ΛƌźƭƷ ğƒĻƓķƒĻƓƷƭ źŅ ƩĻƨǒźƩĻķΜ͵ 5ĻƓǤ L ƒƚǝĻ Ʒƚ ķĻƓǤ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ĬğƭĻķ ǒƦƚƓ ΛƭƷğƷĻ ƷŷĻ ƩĻğƭƚƓƭ ŅƚƩ ķĻƓźğƌΜ͵ /ƚƓƷźƓǒĻ L ƒƚǝĻ Ʒƚ ĭƚƓƷźƓǒĻ ƷŷĻ bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ǒƓƷźƌ ğķķźƷźƚƓğƌ źƓŅƚƩƒğƷźƚƓ ĭğƓ ĬĻ ƚĬƷğźƓĻķ ΛƌźƭƷ ƭƦĻĭźŅźĭ źƓŅƚƩƒğƷźƚƓ ƩĻƨǒźƩĻķΜ͵ !ƷƷğĭŷƒĻƓƷƭʹ Њ͵ 5w!C bƚƩƷŷ źƌƌğŭĻ 5źǝźƭźƚƓ Ќ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ѝ Ammon City Council 11.21.2024Page 67 of 104 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/NORTH VILLAGE DIVISION 3) THIS AGREEMENT, made and entered into this 21st day of November, 2024, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of 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 November 6, 2024, the North Village Division 3 final plat was approved by the Planning and Zoning Commission; and WHEREAS, on November 21, 2024, the North Village Division 3 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; !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Њ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 68 of 104 WHEREAS, on November 21, 2024, the Mayor and City of Council of the City of Ammon, Idaho, considered the North Village Division 3 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 3 Final Plat on November 6, 2024. 5.1.4. Ammon North Village Division 3 Final Plat approved by the Ammon City Council on November 21, 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. !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ћ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 69 of 104 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. !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ќ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 70 of 104 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. !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ѝ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 71 of 104 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 !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ў ƚŅ ЊЍ Ammon City Council 11.21.2024Page 72 of 104 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. !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Џ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 73 of 104 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. !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ А ƚŅ ЊЍ Ammon City Council 11.21.2024Page 74 of 104 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. !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Б ƚŅ ЊЍ Ammon City Council 11.21.2024Page 75 of 104 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 3 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 lots adjacent to Taylorview Lane or Olsen Park but no later than January 1, 2032 as required in the North Village Division 2 Standard Development Agreement, a portion of this cost may include design plans for the signal at the intersection of 49th South and Ammon Road. !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ В ƚŅ ЊЍ Ammon City Council 11.21.2024Page 76 of 104 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 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, developer shall improve the 49th 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 !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЉ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 77 of 104 (208) 612-4051 Phone (208) 612-4009 Fax Owner: 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 !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЊ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 78 of 104 the Government of China or any company that is owned or operated by the Government of China. IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. CITY OF AMMON, IDAHO DEVELOPER By:___________________________ By: ____________________________ Sean Coletti, Mayor 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. !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЋ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 79 of 104 Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЌ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 80 of 104 EXHIBIT A TO DEVELOPMENT AGREEMENT BOUNDARY DESCRIPTION A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE BOISE MERIDAIN COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 34 OF TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE BOISE MERIDIAN (FROM WHICH THE CENTER ALONG THE LONGITUDINAL CENTERLINE OF SAID SECTION 34 TO THE NORTHWEST CORNER OF NORTH VILLAGE DIVISION No. 2 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. XXXXXXXXX POINT ALSO BEING THE POINT OF BEGINNING; SECTION 34; 779.34'; VILLAGE DIVISION No. 2 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. XXXXXXX; VILLAGE DIVISION No. 2 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. XXXXXXX; VILLAGE DIVISION No. 2 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. XXXXXXX; VILLAGE DIVISION No. 2 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. XXXXXXX; THENCE S 88°47'00" W 180.00' ALONG THE NORTH BOUNDARY LINE OF NORTH VILLAGE DIVISION No. 2 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. XXXXXXX TO THE POINT OF BEGINNING. DESCRIPTION CONTAINS 8.503 ACRES MORE OR LESS EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 !aahb bhwI L\[\[!D9 5LL{Lhb Ћ {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЍ ƚŅ ЊЍ Ammon City Council 11.21.2024Page 81 of 104 !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ aĻĻƷźƓŭ bƚǝĻƒĬĻƩ ЋЊͲ ЋЉЋЍ ağǤƚƩ /ƚƌĻƷƷź ğƓķ /źƷǤ /ƚǒƓĭźƌ aĻƒĬĻƩƭʹ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ {ƷğŅŅ tƩĻƭĻƓƷźƓŭʹ /źƓķǤ 5ƚƓƚǝğƓ tƌğƓƓźƓŭ 5źƩĻĭƷƚƩ wĻĭƚƒƒĻƓķğƷźƚƓʹ Ώ {ƷğŅŅ ƩĻĭƚƒƒĻƓķƭ ğƦƦƩƚǝğƌ ĬğƭĻķ ƚƓ ƷŷĻ ŅƚƌƌƚǞźƓŭ ƭƷğŅŅ ƩĻƦƚƩƷ ğƓķ ƭǒĬƆĻĭƷ Ʒƚ ƷŷĻ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ /ƚƒƦƌźğƓĭĻʹ Ώ ŷźƭ ğƦƦƌźĭğƷźƚƓ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ /źƷǤ hƩķźƓğƓĭĻ ЊЉΏЊБ wΏЌ! wĻƭźķĻƓĭĻ ƚƓĻͲ ЊЉΏЌАΏЋ! wĻƭźķĻƓƷźğƌ 5źƭƷƩźĭƷ ƭĻƭͲ ЊЉΏЋВΏВ CźƓğƌ tƌğƷ wĻƨǒźƩĻƒĻƓƷƭͲ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓͲ ğƓķ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ \[ğƓķ ƭĻ ağƦ /ƩźƷĻƩźğ ŅƚƩ 5ĻĭźƭźƚƓʹ Ώ źƷƌĻ ЊЉͲ /ŷğƦƷĻƩ ЋВͲ {ĻĭƷźƚƓ Ќ !ttwh!\[ hC { .5LL{Lhb t\[!ʹ bƚ ƦƌğƷ ƭŷğƌƌ ĬĻ ƩĻĭƚƩķĻķ ƚƩ ƚŅŅĻƩĻķ ŅƚƩ ƩĻĭƚƩķ ǒƓƷźƌ ƷŷĻ ƦƌğƷ ŷğƭ ĬĻĻƓ ƩĻǝźĻǞĻķ ĬǤ ƷŷĻ tƌğƓƓźƓŭ /ƚƒƒźƭƭźƚƓ ğƓķ ğƦƦƩƚǝĻķ ĬǤ ƷŷĻ /źƷǤ /ƚǒƓĭźƌ ğƓķ ƭŷğƌƌ ĬĻğƩ ƷŷĻƩĻƚƓ ƷŷĻ ğƦƦƩƚǝğƌͲ ĬǤ ĻƓķƚƩƭĻƒĻƓƷͲ ƚŅ ƷŷĻ ağǤƚƩͲ /źƷǤ 9ƓŭźƓĻĻƩ ğƓķ /źƷǤ /ƌĻƩƉ͵ Ώ źƷƌĻ ЊЉͲ /ŷğƦƷĻƩ ЋВͲ {ĻĭƷźƚƓ В w9v Lw9a9b{ hC I9 CLb!\[ t\[!Ͳ ƭĻĻ ğƷƷğĭŷĻķ Ώ źƷƌĻ ЊЉͲ /ŷğƦƷĻƩ ЊБ wЌΏ! wĻƭźķĻƓĭĻ ƚƓĻͲ ƭĻĻ ğƷƷğĭŷĻķ Ώ źƷƌĻ ЊЉͲ /ŷğƦƷĻƩ ЌАͲ {ĻĭƷźƚƓ Ћ Λ!Μ wĻƭźķĻƓƷźğƌ 5źƭƷƩźĭƷ ƭĻƭͲ ƭĻĻ ğƷƷğĭŷĻķ {ǒƒƒğƩǤ ƚŅ !ƓğƌǤƭźƭʹ Њ͵ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ƩĻǝźĻǞĻķ Ʒŷźƭ ƦƌğƷ ƚƓ WǒƌǤ ЊАͲ ЋЉЋЍ ƭŷƚǞźƓŭ ƷŷĻ ĻƓƷźƩĻ ƦƩƚƦĻƩƷǤ͵ ŷğƷ ğƦƦƌźĭğƷźƚƓ Ǟğƭ ƦǒƌƌĻķ ƦƩźƚƩ Ʒƚ ƭǒĬƒźƭƭźƚƓ Ʒƚ ƷŷĻ /źƷǤ /ƚǒƓĭźƌͲ ğƓķ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ źƭ ƓƚǞ ƦƌğƓƓĻķ Ʒƚ ĬĻ ƦŷğƭĻķ͵ Ћ͵ ağƩĭŷ ЊВͲ ЊВВЋ ǞźƷŷ ƷŷĻ źƓźƷźğƌ ǩƚƓĻ ƚŅ wЌΏ! Ќ͵ Ѝ͵ ŷźƭ ƌƚƷ ŷğƭ ƓƚƷ ĬĻĻƓ źƓĭƌǒķĻķ źƓ ƷŷĻ ƚƷŷĻƩ ŅźǝĻ Ў͵ ŷźƭ ƦƩƚƦĻƩƷǤ źƭ ĭǒƩƩĻƓƷƌǤ ǒƭĻķ ğƭ ğƓ ƚǝĻƩŅƌƚǞ ƦğƩƉźƓŭ ƌƚƷ ŅƚƩ ƷŷĻ ĻƷƚƓ {ƦĻĭƷƩǒƒ ķĻǝĻƌƚƦƒĻƓƷ͵ ! ƩĻĭĻƓƷ ƦğƩƉźƓŭ ğƓğƌǤƭźƭ ķƚƓĻ ƚƓ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ ƭŷƚǞƭ ƷŷğƷ ĻƷƚƓ {ƦĻĭƷƩǒƒ ƒĻĻƷƭ ƷŷĻ /źƷǤ ƦğƩƉźƓŭ ƒźƓźƒǒƒƭ ǞźƷŷƚǒƷ ƷŷĻ ğķķźƷźƚƓğƌ ƦğƩƉźƓŭ ƌƚƷ͵ Џ͵ !ƓƚƷŷĻƩ ğƒĻƓķĻķ ƦƌğƷ źƭ ƦƌğƓƓĻķ ŅƚƩ ğ ƌğƷĻƩ ķğƷĻ Ʒƚ ƦƌğƷ ƷŷĻ ƩĻƒğźƓźƓŭ ƦƩƚƦĻƩƷǤ Λ\[ƚƷ ЋВΜ А͵ ŷźƭ ƦƩƚƦĻƩƷǤ źƭ ğƓƓĻǣĻķ źƓƷƚ ƷŷĻ 9ğƭƷĻƩƓ Lķğŷƚ {ĻǞĻƩ 5źƭƷƩźĭƷ Λ9Lw{5Μ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓʹ ŷĻ /ƚƒƒźƭƭźƚƓ ƩĻǝźĻǞĻķ ƷŷĻ ƦƌğƷ ƚƓ bƚǝĻƒĬĻƩ ЏͲ ЋЉЋЍ ŷĻ /ƚƒƒźƭƭźƚƓ ƩĻĭƚƒƒĻƓķƭ ğƦƦƩƚǝğƌ ǒƓğƓźƒƚǒƭƌǤ tğƩĭĻƌ /ŷğƩğĭƷĻƩźƭƷźĭƭʹ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 11.21.2024Page 82 of 104 Ώ DĻƓĻƩğƌ \[ƚĭğƷźƚƓʹ ƓƚƩƷŷ ƚŅ 5ĻƩƩğƌķ !ǝĻƓǒĻͲ ĻğƭƷ ƚŅ 9ğŭƌĻ 5ƩźǝĻͲ ƭƚǒƷŷ ƚŅ .ƩźğƓƓĻ !ǝĻƓǒĻͲ ǞĻƭƷ ƚŅ aźķǞğǤ !ǝĻƓǒĻ Ώ !ĭƩĻƭʹ Ќ͵БЏВ ğĭƩĻƭ Ώ ƚƓźƓŭʹ wΏЌ! Ώ \[ƚƷƭʹ ЋА ƩĻƭźķĻƓƷźğƌ ƌƚƷƭ ğƓķ Ћ ƚƦĻƓ ƭƦğĭĻ ƌƚƷƭͲ ŅƚƩ ğ ƷƚƷğƌ ƚŅ ЋВ ƌƚƷƭ Ώ 5ĻƓƭźƷǤʹ ЊЍ͵ЌАЉ ǒƓźƷƭ ƦĻƩ ğĭƩĻ ΛĻǣĭƌǒķźƓŭ ƌƚƷ ЋВΜ Ώ !ǝĻƩğŭĻ wĻƭźķĻƓƷźğƌ \[ƚƷ {źǩĻʹ ЊͲЏВЌ͵Ў ƭƨ͵ ŅƷ͵ Ώ /ƚƒƒƚƓ \[ƚƷʹ Ћ͵БЋЋ ğĭƩĻƭ Ώ !ƦƦƩƚǝğƌ ƚŅ ƷŷĻ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ ЋͲ ЏƷŷ !ƒĻƓķĻķ tƌğƷ Ώ tƩĻƭĻƓƷĻķ ĬǤ Ʃğǝźƭ tğǤƓĻͲ /ƚƓƓĻĭƷ 9ƓŭźƓĻĻƩźƓŭ ğƓķ /ŷğķ /ŷƩźƭƷĻƓƭĻƓ aƚƷźƚƓʹ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ğƦƦƩƚǝĻ ƷŷĻ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ ŅźƓķźƓŭ źƷ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ /źƷǤ hƩķźƓğƓĭĻ ƭǒĬƆĻĭƷ Ʒƚ ƷĻĭŷƓźĭğƌ ƩĻǝźĻǞ ĬğƭĻķ ǒƦƚƓΉǞźƷŷ ĭƚƓķźƷźƚƓƭ ΛźŅ ğƦƦƌźĭğĬƌĻΜ͵ 5ĻƓǤ L ƒƚǝĻ Ʒƚ ķĻƓǤ ƷŷĻ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ ŅźƓķźƓŭ źƷ źƭ ƓƚƷ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ /źƷǤ hƩķźƓğƓĭĻ ĬğƭĻķ ǒƦƚƓ ΛƭƷğƷĻ ƷŷĻ ƩĻğƭƚƓƭ ŅƚƩ ķĻƓźğƌΜ͵ /ƚƓƷźƓǒĻ L ƒƚǝĻ Ʒƚ ĭƚƓƷźƓǒĻ ƷŷĻ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ ǒƓƷźƌ ğķķźƷźƚƓğƌ źƓŅƚƩƒğƷźƚƓ ĭğƓ ĬĻ ƚĬƷğźƓĻķ ΛƌźƭƷ ƭƦĻĭźŅźĭ źƓŅƚƩƒğƷźƚƓ ƩĻƨǒźƩĻķΜ͵ !ƷƷğĭŷƒĻƓƷƭʹ Њ͵ źĭźƓźƷǤ ağƦ Ћ͵ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ Ќ͵ ЊЉΏЋВΏВ CźƓğƌ tƌğƷ wĻƨǒźƩĻƒĻƓƷƭ Ѝ͵ ЊЉΏЊБ wΏЌ! wĻƭźķĻƓĭĻ ƚƓĻ Ў͵ ЊЉΏЌАΏЋ Λ!Μ wĻƭźķĻƓƷźğƌ 5źƭƷƩźĭƷ ƭĻƭ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 11.21.2024Page 83 of 104 104 of 87 Page 11.21.2024 Council City Ammon !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ aĻĻƷźƓŭ bƚǝĻƒĬĻƩ ЋЊͲ ЋЉЋЍ ağǤƚƩ /ƚƌĻƷƷź ğƓķ /źƷǤ /ƚǒƓĭźƌ aĻƒĬĻƩƭʹ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ {ƷğŅŅ tƩĻƭĻƓƷźƓŭʹ /źƓķǤ 5ƚƓƚǝğƓ tƌğƓƓźƓŭ 5źƩĻĭƷƚƩ {ǒƒƒğƩǤ ƚŅ !ƓğƌǤƭźƭʹ Њ͵ ağƩĭŷ ЊВͲ ЊВВЋ ǞźƷŷ ƷŷĻ źƓźƷźğƌ ǩƚƓĻ ƚŅ wЌΏ! Ћ͵ Ќ͵ ŷźƭ ƌƚƷ ŷğƭ ƓƚƷ ĬĻĻƓ źƓĭƌǒķĻķ źƓ ƷŷĻ ƚƷŷĻƩ ŅźǝĻ Ѝ͵ !ƓƚƷŷĻƩ ğƒĻƓķĻķ ƦƌğƷ źƭ ƦƌğƓƓĻķ ŅƚƩ ğ ƌğƷĻƩ ķğƷĻ Ʒƚ ƦƌğƷ ƷŷĻ ƩĻƒğźƓźƓŭ ƦƩƚƦĻƩƷǤ Λ\[ƚƷ ЋВΜ Ў͵ {ƦĻĭźğƌ /ƚƓķźƷźƚƓƭʹ {/ΏЊʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƩĻƒƚǝĻ ƷŷĻ ĭƩƚƭƭǞğƌƉ ƚƓ 9ğŭƌĻ 5ƩźǝĻ ƷŷğƷ ŭƚĻƭ ŅƩƚƒ ƷŷĻ ƦƩƚƦĻƩƷǤ Ʒƚ ƷŷĻ wźĭƉƭ CğƩƒ 5źǝźƭźƚƓ Њ ķĻǝĻƌƚƦƒĻƓƷ ƦƩźƚƩ Ʒƚ ğƓǤ ĬǒźƌķźƓŭ ƦĻƩƒźƷƭ ĬĻźƓŭ źƭƭǒĻķ͵ {/ΏЋ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ǒƦŭƩğķĻ ğƌƌ ƦĻķĻƭƷƩźğƓ źƓŅƩğƭƷƩǒĭƷǒƩĻ ƚƓ ƷŷĻ ƦƩƚƦĻƩƷǤ Ʒƚ ĭǒƩƩĻƓƷ !5! ƭƷğƓķğƩķƭ źƓĭƌǒķźƓŭ ĬǒƷ ƓƚƷ ƌźƒźƷĻķ Ʒƚ ƷŷĻ ĭǒƩĬ ƩğƒƦƭ ğƌƚƓŭ 9ğŭƌĻ 5ƩźǝĻ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ͵ {/ΏЌ bƚ ƦğƩƉźƓŭ ƭźŭƓƭ ƭŷğƌƌ ƩĻƒğźƓ ƚƓ 9ğŭƌĻ 5ƩźǝĻ ğƌƚƓŭ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ ŅƩƚƓƷğŭĻͲ ğƷ ƷŷĻ ķźƭĭƩĻƷźƚƓ ƚŅ ƷŷĻ /źƷǤ 9ƓŭźƓĻĻƩ͵ {/ΏЍ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ źƓƭƷğƌƌ ƦƩźǝğĭǤ ŅĻƓĭźƓŭ ğƌƚƓŭ 9ğŭƌĻ 5ƩźǝĻͲ ǞźƷŷ ƷŷĻ ŷĻźŭŷƷ ğƓķ ƌƚĭğƷźƚƓ Ʒƚ ĬĻ ķĻƷĻƩƒźƓĻķ ĬǤ ƭźŭŷƷ ƷƩźğƓŭƌĻ ƭƦĻĭźŅźĭğƷźƚƓƭ ƦƩźƚƩ Ʒƚ ŅźƩƭƷ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ ğķƆğĭĻƓƷ Ʒƚ 9ğŭƌĻ 5ƩźǝĻ͵ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƓƷƩźĬǒƷźƚƓƭʹ Ώ ğƷĻƩ wźŭŷƷƭ ķĻǝĻƌƚƦƒĻƓƷ Ǟźƌƌ ǒƭĻ ƦƩĻƭƭǒƩźǩĻķ źƩƩźŭğƷźƚƓ ƚƩ ƦğǤ ŅĻĻ źƓ ƌźĻǒ Ώ wƚğķ /ƚƓƭƷƩǒĭƷźƚƓ ƓƚƷ ğƦƦƌźĭğĬƌĻ Ώ tğƩƉƭ ƭŷğƌƌ ƦğǤ ƷŷĻ ğƒƚǒƓƷ źƓ ƷŷĻ ĭǒƩƩĻƓƷ /źƷǤ ƚŅ !ƒƒƚƓ CĻĻ wĻƭƚƌǒƷźƚƓ ƦĻƩ ƩĻƭźķĻƓƷźğƌ ǒƓźƷ Ώ \[ğǞ 9ƓŅƚƩĭĻƒĻƓƷ ƭŷğƌƌ ƦğǤ ƷŷĻ ğƒƚǒƓƷ źƓ ƷŷĻ ĭǒƩƩĻƓƷ /źƷǤ ƚŅ !ƒƒƚƓ CĻĻ wĻƭƚƌǒƷźƚƓ ğƷ ƷŷĻ ƷźƒĻ ƚŅ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ƷŷĻ ĬǒźƌķźƓŭ ƦĻƩƒźƷͲ ƦĻƩ ƩĻƭźķĻƓƷźğƌ ǒƓźƷ tğƩĭĻƌ /ŷğƩğĭƷĻƩźƭƷźĭƭʹ Ώ DĻƓĻƩğƌ \[ƚĭğƷźƚƓʹ ƓƚƩƷŷ ƚŅ 5ĻƩƩğƌķ !ǝĻƓǒĻͲ ĻğƭƷ ƚŅ 9ğŭƌĻ 5ƩźǝĻͲ ƭƚǒƷŷ ƚŅ .ƩźğƓƓĻ !ǝĻƓǒĻͲ ǞĻƭƷ ƚŅ aźķǞğǤ !ǝĻƓǒĻ Ώ !ĭƩĻƭʹ Ќ͵БЏВ ğĭƩĻƭ Ώ ƚƓźƓŭʹ wΏЌ! Ώ \[ƚƷƭʹ ЋА ƩĻƭźķĻƓƷźğƌ ƌƚƷƭ ğƓķ Ћ ƚƦĻƓ ƭƦğĭĻ ƌƚƷƭͲ ŅƚƩ ğ ƷƚƷğƌ ƚŅ ЋВ ƌƚƷƭ Ώ 5ĻƓƭźƷǤʹ ЊЍ͵ЌАЉ ǒƓźƷƭ ƦĻƩ ğĭƩĻ ΛĻǣĭƌǒķźƓŭ ƌƚƷ ЋВΜ Ώ !ǝĻƩğŭĻ wĻƭźķĻƓƷźğƌ \[ƚƷ {źǩĻʹ ЊͲЏВЌ͵Ў ƭƨ͵ ŅƷ͵ Ώ /ƚƒƒƚƓ \[ƚƷʹ Ћ͵БЋЋ ğĭƩĻƭ Ώ !ƦƦƩƚǝğƌ ƚŅ ƷŷĻ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ ЋͲ ЏƷŷ !ƒĻƓķĻķ tƌğƷ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 11.21.2024Page 88 of 104 Ώ tƩĻƭĻƓƷĻķ ĬǤ Ʃğǝźƭ tğǤƓĻͲ /ƚƓƓĻĭƷ 9ƓŭźƓĻĻƩźƓŭ ğƓķ /ŷğķ /ŷƩźƭƷĻƓƭĻƓ aƚƷźƚƓʹ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ğƦƦƩƚǝĻ ƷŷĻ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ΛƌźƭƷ ğƒĻƓķƒĻƓƷƭ źŅ ƩĻƨǒźƩĻķΜ͵ 5ĻƓǤ L ƒƚǝĻ Ʒƚ ķĻƓǤ ƷŷĻ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ĬğƭĻķ ǒƦƚƓ ΛƭƷğƷĻ ƷŷĻ ƩĻğƭƚƓƭ ŅƚƩ ķĻƓźğƌΜ͵ /ƚƓƷźƓǒĻ L ƒƚǝĻ Ʒƚ ĭƚƓƷźƓǒĻ ƷŷĻ wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ǒƓƷźƌ ğķķźƷźƚƓğƌ źƓŅƚƩƒğƷźƚƓ ĭğƓ ĬĻ ƚĬƷğźƓĻķ ΛƌźƭƷ ƭƦĻĭźŅźĭ źƓŅƚƩƒğƷźƚƓ ƩĻƨǒźƩĻķΜ͵ !ƷƷğĭŷƒĻƓƷƭʹ Њ͵ 5w!C wźĭƉγƭ CğƩƒ 5źǝźƭźƚƓ Ћ Ώ ЏƷŷ !ƒĻƓķĻķ tƌğƷ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 11.21.2024Page 89 of 104 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/TETON TOWNHOMES) THIS AGREEMENT, made and entered into this ____ day of ____, 2024, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Hinge Point Advisors, LLC, an Idaho limited liability company, Party of the Second RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on November 6, 2024, the Ricks Farm Division 2 6th Amended Plat was approved by the Planning and Zoning Commission; and WHEREAS, on , 2024, the Ricks Farm Division 2 6th Amended Plat was approved by the City Council; and WHEREAS, the City Engineer has recommended to the City Council of the City that such subdivision be accepted subject to certain requirements and obligations on the part of the Developer; WHEREAS, on , 2024, the Mayor and City of Council of the City of Ammon, Idaho, considered the Teton Townhomes 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: {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Њ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 90 of 104 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. Annexation Ordinance #227 approved by the Ammon City Council on March 19, 1992. 5.1.2. Final Plat approved by the Ammon City Council on March 9, 1999. 5.1.3. 6th Amended Final Plat of Ricks Farm Division 2 was approved by the Ammon City Council on ____________, 2024. 5.1.4. Improvement Drawings approved by the City Engineer on _____________2024. 5.2. Any material failure to comply with the terms and conditions of any of the above- referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1. Plan review fees and inspection fees; {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ћ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 91 of 104 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. 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 {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ќ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 92 of 104 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. 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 {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ѝ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 93 of 104 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 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. {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ў ƚŅ ЊЌ Ammon City Council 11.21.2024Page 94 of 104 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. 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 {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Џ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 95 of 104 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. 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. {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ А ƚŅ ЊЌ Ammon City Council 11.21.2024Page 96 of 104 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. 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. {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Б ƚŅ ЊЌ Ammon City Council 11.21.2024Page 97 of 104 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 the entire development shall be paid prior to issuance of any building permit. 6.34. Developer shall pay the Law Enforcement Contribution Fee, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, for each commercial and/or residential unit. 7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: Developer shall remove the crosswalk on Eagle Drive that goes from the property to the Ricks Farm Division 1 development prior to any building permits being issued. 7.2. SC-2: Developer shall upgrade all pedestrian infrastructure on the property to current ADA standards including but not limited to the curb ramps along Eagle Drive prior to first Certificate of Occupancy. 7.3. SC-3: No parking signs shall remain on Eagle Drive along the development frontage, at the discretion of the City Enginer. 7.4. SC-4: Developer shall install privacy fencing along Eagle Drive, with the height and location to be determined by sight triangle specifications at the time of the first Certificate of Occupancy adjacent to Eagle Drive. 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 {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ В ƚŅ ЊЌ Ammon City Council 11.21.2024Page 98 of 104 c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Hinge Point Advisors, LLC Attn: Chad Christensen 985 October Cove Shelley, ID 83274 Phone: (208)412-0190 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. {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЉ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 99 of 104 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. 8.12. Entire Agreement. It is agreed this Development Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Any modification or waiver of any of the foregoing provisions shall be affected only by writing freely executed by both parties with the same formality as this Development Agreement. Failure of any party to insist upon strict enforcement of any provision of this Development Agreement shall not be construed as a waiver of any subsequent default of a same or similar nature. This Development Agreement shall be construed and governed in accordance with the laws of the State of Idaho. If any provision of this Development Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 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 Chad Christensen, Developer ATTEST: _______________________________ Kristina Buchan, City Clerk {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЊ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 100 of 104 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 Chad Christensen, 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: {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЋ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 101 of 104 EXHIBIT A TO DEVELOPMENT AGREEMENT BOUNDARY DESCRIPTION BEING LOT 2, BLOCK 6 OF RICKS FARM DIVISION No. 2 FILED AS INSTRUMENT NO. 991019 BEING FURTHER DESCIRBED AS FOLLOWS: PART OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE BOISE MERIDIAN, BONNEVILLE COUNTY, STATE OF IDAHO. COMMENCING AT WEST QUARTER CORNER OF SAID SECTION 27 (FROM WHICH THE THENCE S 6 POINT ALSO BEING THE POINT OF BEGINNING; LOT 2 BLOCK 6 TO THE SOUTHEAST CORNER OF SAID LOT 2, BLOCK 6; LOT 2, BLOCK 6 TO THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK 6; LOT 2, BLOCK 6 TO THE NORTHWEST CORNER OF THE SAID LOT 2, BLOCK 6; LOT 2 BLOCK 6 TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 3.869 ACRES MORE OR LESS EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЌ ƚŅ ЊЌ Ammon City Council 11.21.2024Page 102 of 104 Ammon City Council 11.21.2024Page 103 of 104 Ammon City Council 11.21.2024Page 104 of 104