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02.20.2025 Agenda and Packet 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 20, 2025 Mayor Coletti and City Council Members: Riviera Park Letter of Credit Staff Presenting: Cindy Donovan – Planning Director Summary of Analysis: 1.Riviera Park developer has provided a Letter of Credit to fulfill their obligation for a guarantee of completion. City Attorney, Scott Hall has concerns with the legal jurisdiction being in the State of Utah, versus the State of Idaho, and has requested that the Council decide if the legal jurisdiction of the Letter of Credit may be in the State of Utah. 2.Requirement for a bond being in place prior to recording of the Riviera Park Final Plat was made by motion at the February 15, 2024 City Council meeting (see attached minutes) 3.10-29-17 requires “The developer of a subdivision within the City 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 signage of any final plat for said subdivision or produce a guarantee of completion.” 4.Letter of Credit will cover the median divider on Lincoln Road east of 25th East and fiber. 5.All roads in this development will be private. This development is served by Falls Water and Iona Bonneville Sewer District. Entitlement Process: 1.Commission recommended approval of the annexation including the Master Plan on May 3, 2023 2.Annexation including the Master Plan was approved by the City Council on June 1, 2023 3.Commission recommended approval of the Preliminary Plat on November 1, 2023. 4.Preliminary Plat and the Standard Development Agreement were approved by the City Council on December 7, 2023. 5.Commission recommended approval of the Final Plat on February 7, 2024 6.Final Plat was approved by the City Council on February 15, 2024 7.Master Plan Amendment was approved by the City Council on April 18, 2024 Parcel Characteristics: -General Location: north of Lincoln Road, east of North 25th East (Hitt Road), south of Iona Road, and west of Ammon Road -Acreage: 66.226 acres -Zoning: Multi-Use (MU) Applicant’s Request -To recommend approval of the Riviera Park Letter of Credit -Presented by Jonny Arbuckle, Riviera Park LLC Motion: Ammon City Council February 20, 2025 Page 2 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Approve I move to approve the Riviera Park Letter of Credit. Deny I move to deny the Riviera Park Letter of Credit based upon (state the reasons for recommending denial based on deliberations). Continue I move to continue the Riviera Park Letter of Credit until further details can be obtained (list specific information required). Attachments: 1. Vicinity Map 2. Riviera Park Letter of Credit 3. City Council Minutes February 15, 2024 4. Riviera Park Final Plat Ammon City Council February 20, 2025 Page 3 of 42 Ammon City Council February 20, 2025 Page 4 of 42 Escrow Bond January 9, 2025 Beneficiary Applicant City Ammon GRNOBL Riviera Park Owner, LLC. 2135 South Ammon Road 1148 W Legacy Crossing BLVD, Ammon, ID 43406 Centerville, Utah 84014 Bond Escrow Number: 5089005228 Project Name: Riviera Park Bond Letter Ammon, ID Amount (USD): $558,091.65 Expiration Date: Infrastructure improvements January 9, 2026. Warranty bond of 10% holdback 24 months from Ammon City final bond release will be valid for 24 months from the date the City of Ammon issues the final Bond release unless the City shall have released GRNOBL Park Owner, LLC. from all further liability hereunder upon the timely and satisfactory completion of the Improvements warranty bond requirement. City of Ammon: We hereby establish this Escrow Bond No. 5089005228 (the “Escrow Bond”), in favor of Ammon City (the “City”), for the Account of GRNOBL Riviera Park Owner, LLC up to an aggregate amount of Five Hundred Fifty-Eight Thousand Ninety-One Dollars and Sixty-Five One-Hundredths. ($558,091.65This Escrow Bond is issued to secure the completion and installation of improvements (the “Improvements”) required under that certain Improvements Guarantee Agreement (the “Agreement”) made between GRNOBL Riviera Park Owner, LLC. and the city dated January 31, 2024. Each draw request under this escrow bond must be accompanied with a signed bond release letter from the City of Ammon to satisfactorily complete such improvements as are required by the Improvements Guarantee Agreement between GRNOBL Riviera Park Owner, LLC. and the city, dated January 31, 2024.” Capital Community Bank is entitled to rely upon the certification from Ammon City Engineer and will have no obligation to independently verify the accuracy thereof. Partial drawings and multiple drawings are permitted. Each time the City inspects and approves a portion of the required improvements, the amount eligible to be drawn under this escrow bond will be reduced by the value assigned by the City to the approved improvements. Ammon City Council February 20, 2025 Page 5 of 42 This escrow bond shall expire January 9, 2026, unless the City shall have released GRNOBL Riviera Park Owner, LLC. from all further liability hereunder upon the timely and satisfactory completion of the Improvements bond requirement $558,091.65. There will be an additional Twenty-Four (24) months issued for the 10% warranty hold back that is also included within the total bond amount. The warranty 10% bond is $163,045.83 and will be valid for 24 months from the date the City of Ammon issues the final Bond release unless the City shall have released GRNOBL Riviera Park Owner, LLC. from all further liability hereunder upon the timely and satisfactory completion of the Improvements warranty bond requirement. Total bond is $558,091.65. This escrow bond is issued and shall be subject to the International Standby Practices (ISP98) or any subsequent revision thereto, to the extent that it does not conflict with Utah Code Annotated Sections 70A-5-101 et seq. (1953) as amended). Jurisdiction for resolution of disputes arising under this escrow bond lies in the courts of Utah. We hereby agree with drawers, endorsers and bona fide holders of draws that all draws under and in compliance with the terms of this escrow bond shall be honored by us and payment made no later than three (3) business days after delivery of documents as specified on or before the expiration date of this escrow bond. In the event Capital Community Bank is placed into receivership, becomes insolvent, or files for bankruptcy, the City shall be immediately notified. The City may consider this a default event and require the issuance of a new escrow bond. Capital Community Bank By: Jhae L Smith Title: SVP, Commercial Banking Group Attached: Bond Letter Dated January 31, 2024- Ammon City Council February 20, 2025 Page 6 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 1 of 11 AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 15, 2024 – 7:00 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance – Council Member Tibbitts Prayer – Council Member Wessel CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. February 1, 2024 – Regular Meeting ii. February 8, 2024 – Work Session PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) PUBLIC HEARINGS: 1. 2024-003 FY23 Budget Opening ACTION ITEMS: 1. Ordinance 714 Fiscal Year 2023 Budget Appropriation Amendment (Jennifer Belfield, Finance Director) 2. Resolution 2024-006 Temporary Street Levy (Micah Austin, City Administrator) 3. Resolution 2024-007 Establishing Signing Designees (Micah Austin, City Administrator) 4. Final Plat Ammon Village North Division 1 (Cindy Donovan, City Planner) 5. Standard Development Agreement Ammon Village North Division 1 (Cindy Donovan, City Planner) 6. Final Plat Riviera Park (Cindy Donovan, City Planner) 7. Consideration of Bid John Adams Bridge Construction (Tracy Bono, City Engineer) 8. Consideration of Wage Study Employee Compensation (April Forrest, HR Director) DISCUSSION ITEMS: 1. City Hall Project Update 2. Miscellaneous ADJOURN MINUTES City Officials Present: Mayor Sean Coletti Council President Russell Slack Councilmember Scott Wessel Councilmember Heidi Boyle Councilmember Craig Tibbitts Councilmember Kris Oswald Councilmember Jeff Fullmer City Attorney Scott Hall City Administrator Micah Austin City Engineer Tracy Bono City Planner Cindy Donovan Finance Director Jennifer Belfield HR Director April Forrest City Clerk Kristina Buchan City Officials Absent: Ammon City Council February 20, 2025 Page 7 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 2 of 11 CALL TO ORDER: Council President Slack called the meeting to order at 7:00 p.m. Council Member Tibbitts led the pledge of allegiance and Council Member Wessel gave a prayer. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. February 1, 2024 – Regular Meeting ii. February 8, 2024 – Work Session It was moved by Council Member Slack and seconded by Council Member Fullmer to approve the Consent Agenda. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes unanimously with vote by roll call PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) There was no public comment. PUBLIC HEARINGS: 1. 2024-003 FY23 Budget Opening Mayor Coletti opened the Public Hearing by explaining the guidelines for testimony. Finance Director, Jennifer Belfield, explained the reason for the budget opening. Water rights were purchased that had not been budgeted for in the Water fund. Waste Water would be opened for the transfer of funds to EIRSD after its formation. Technology was being opened to account for depreciation that put the fund over on expenses for the year. There was no testimony from those present. Mayor Coletti closed the public and moved into action items. ACTION ITEMS: 1. Ordinance 714 Fiscal Year 2023 Budget Appropriation Amendment (Jennifer Belfield, Finance Director) Recommendation - Recommend approving/accepting Ordinance 714 FY 2023 Budget Appropriation Amendment. Summary of Analysis - In February 2023 the City of Ammon purchased water rights for $1,330,439.88 (paid the down payment of $70,000 in April 2022. We had not budgeted to purchase the water Ammon City Council February 20, 2025 Page 8 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 3 of 11 rights. It was important to purchase the water rights for future water needs of the City of Ammon. - The City paid Eastern Idaho Regional Sewer District the capital reserve savings from FY 2022 and 2023, and the bond reserve. We had not budget to transfer the funds, but EIRSD needed the funds for plant expansion and for refinancing our bond. - Before the audit, the Technology fund was barely under budget. Part of the audit is to enter annual depreciation, this put us over the budgeted expenses. We are adding “depreciation” when budgeting for FY 2025 and going forward. - The Notice of Public Hearing published in the Post Register on January 31 and February 7, 2024. Financial Impact It was moved by Council Member Slack and seconded by Council Member Wessel to Dispense with the Rule requiring three separate readings and that the three readings be waived. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes unanimously with vote by roll call It was moved by Council Member Slack and seconded by Council Member Wessel to Adopt Ordinance 714 on its third and final reading. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes unanimously with vote by roll call 2. Resolution 2024-006 Temporary Street Levy (Micah Austin, City Administrator) City Administrator Micah Austin reviewed the resolution as it was being presented explaining that the resolution would be the first step in authorizing the proposed levy to go to the public for a vote in May 2024. Recommendation - Approve Resolution 2024-006R Summary of Analysis 1. Idaho Code §63-802(3) authorizes a city to establish a temporary levy for a specific purpose if approved by a majority of the taxing district’s electors at an election called for that purpose; and Ammon City Council February 20, 2025 Page 9 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 4 of 11 2. The temporary levy, if approved by a majority of the taxing district’s electors, would be in place for a period of two (2) years. 3. The City Council of the City of Ammon have discussed the maintenance and construction needs for streets and thoroughfares within the municipal boundaries of the City of Ammon. Based on those discussions, the City Council has determined that a temporary levy established for the purpose of maintaining existing streets, reconstruction of existing streets, and making general improvements to the streets and thoroughfares within the City of Ammon is necessary to adequately serve the health, safety and welfare of the citizens of Ammon. 4. Based on lengthy workshops and discussion with city staff regarding the maintenance and operational needs of the street system, the City Council has determined that a temporary levy in the amount of $1,500,000 per year is necessary to maintain, improve, and reconstruct streets. 5. Resolution 2024-006R directs city staff to prepare all necessary steps to place the question of establishing a temporary levy in the amount of $1,500,000 on the May 21, 2024 election. 6. If adopted, the ballot measure will move forward for the May 21, 2024 election. Financial Impact - The temporary levy is proposed for $1,500,000. If approved by the qualified electors, this amount would be dedicated to the maintenance, operations, and construction of the streets and street systems within the City of Ammon. It was moved by Council Member Slack and seconded by Council Member Fullmer to approve Resolution 2024-006 authorizing a Street Levy to be placed on the ballot. Wessel, no; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes with Council Member Wessel voting No as he thought the 1.5 Million was too high and would be too much of a burden on the residents and would not pass. 3. Resolution 2024-007 Establishing Signing Designees (Micah Austin, City Administrator) City Administrator Austin explained the resolution before Council as a simple housekeeping items to designate a signee in the Mayor’s absence as outlined in Idaho Code. The Resolution would require the Mayor to sign all contracts and gave the Council President the ability to sign in the Mayor’s absence. Recommendation - Approve Resolution 2024-007R Summary of Analysis 1. Idaho Code §50-607 and Ammon City Code §1-5-1 confers upon the mayor the authority as granted to him/her by the City Council to administer oaths and sign all contracts in the name of and on behalf of the City. 2. The City of Ammon does not currently have a resolution nor written policy that acknowledges Idaho Code §50-607, which could lead to uncertainty in the mayor’s absence. Ammon City Council February 20, 2025 Page 10 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 5 of 11 3. Resolution 2024-007R restates Idaho Code §50-607 but also allows the City Council President to sign on behalf of the City of Ammon in the mayor’s absence. 4. The resolution states, “it is hereby resolved that at the request of the Mayor, the President of the City Council, pursuant to Ammon City Code §1-6-6 and pursuant to this resolution may execute contracts and administer oath, as directed by the mayor and that the same shall have the same binding effect as if performed by the Mayor.” Financial Impact - There is no financial impact from this resolution. It was moved by Council Member Slack and seconded by Council Member Wessel to approve Resolution 2024-007. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes unanimously with vote by roll call 4. Final Plat Ammon Village North Division 1 (Cindy Donovan, City Planner) City Planner Cindy Donovan presented the background of the Final Plat as it was being presented for Ammon Village North Division 1. Donovan noted that the portion of the development being considered was part of the larger Ammon Village development and was in compliance with the Comprehensive Plan. Donovan added that a previous plat had been approved for the development but had expired due to inactivity and this portion of the development had been sold to Rockwell Homes. The updated plat had minor differences from the original plat but still fell within the density requirements established with the development. Donovan reviewed each of the special conditions within the development agreement tied to the plat. Travis Bain, 2295 N Yellowstone Highway, presented on behalf of Connect Engineering and responded to questions from Council. NAME was asked if the properties abutting the canal would be fenced and explained that generally fences are up to the homeowners. Curtis Johnson, 4593 Sunrise Lane, spoke to Council regarding greenspace and park space within the development and explained the differences from the preliminary to the final plat. Council asked Johnson is fencing would be required along the townhomes, Johnson reiterated that fences would be up to individual homeowners. Council discussed the ownership of the canal bank along the eastern border of the development, that does not belong to Rockwell, and how that would impact the greenspace requirements of the development. Council indicated that their preference would be a plat that included the canal property to fulfill the requirements of a canal pathway. Blake Jolley, 2295 N Yellowstone Highway, spoke to the easements available on the existing property that would still allow the development to meet pathway requirements as indicated in the development agreement. Compliance This application is in compliance with City Ordinance 10-5-27 Medium and High-Density Location Criteria, 10-14 R-1 Residence Zone, 10-15 R-2 Residence Zone, 10-37-2A Residential Ammon City Council February 20, 2025 Page 11 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 6 of 11 District Uses, 10-29-8 Final Plat Requirements, the Comprehensive Plan, and the Comprehensive Plan Land Use Map Recommendation Staff recommends approval of the final plat based on the following staff report and subject to special conditions within a standard development agreement. Summary of Analysis 1. Second Amended Annexation Agreement was approved by City Council on October 2, 2022 2. The Commission recommended approval of the preliminary plat on October 19, 2022 3. Preliminary Plat was approved by the City Council on November 3, 2022 4. Private drive aisles for the townhomes are not shown on the plat and will be maintained by homeowners. These townhomes will be addressed off of Hazen Drive. 5. The Commission recommended approval of the final plat on October 19, 2022, however, that plat has expired and the property has been sold to Rockwell Homes 6. The Commission recommended the approval of the Division 1 Final Plat on September 6, 2023 . The final plat is different from the preliminary plat in the following ways: This final plat includes 2.17 additional acres than the previous final plat. . Previous density was 3.17 units per acre, current density is 3.59 units per acre . There are 16 additional single-family lots shown on this final plat . Decrease in average single family lot size from 11,404 sq ft to 10,842 sq ft and townhome lot size from 1,280 sq ft to 1,248 sq ft . Lots on west side of Satire Drive were previously part of an open space lot . Previously 2.48 acres of open space on the west side of the property, now decreased to 1.39 acres. 5.5 acres of total open space decreased to 4.19 acres. . Development Agreement for Division 1 includes the following special conditions: 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. . SC-2: Developer shall connect sewer north to Olsen Park Subdivision prior to issuance of the first building permit. . SC-3: Developer shall pay in lieu of their proportionate share towards installation of westbound slip lane in the amount $4,258 toward intersection of 49th South and Ammon Road based on the direction of the Traffic Impact Study prior to the issuance of the first building permit and requirements of the City Engineer, as noted in paragraph 6.27 above. . SC-4: Developer shall improve the 49th South frontage using the approved cross section for three (3) lanes prior to first Certificate of Occupancy. These improvements shall include but are not limited to curb, gutter, and sidewalk, and shall be constructed according to City of Ammon adopted standards. . SC-5: Developer shall provide proof of payment of their proportionate share towards improvements to widen the north side of 49th South at the intersection of 25th East in the amount of $3,840.88 required by the Traffic Impact Study to the City of Idaho Falls prior to first building permit. . SC-6: Developer shall complete or contribute to all improvements required based on the studies provided, in compliance with City Code 11-1-6 L. Ammon City Council February 20, 2025 Page 12 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 7 of 11 . SC-7: The North Ammon Village Development shall contain no more than eighty-five (85) townhomes. . SC-8: Developer shall provide green space/park space equivalent to the amount of area shown in the preliminary plat for area north of 49th South. . SC-9: Developer shall construct an eight (8) foot paved pathway along the canal on the east side of the property the length of the property prior to final Certificate of Occupancy for Division 1. . SC-10: Developer shall require all construction vehicles to obtain access from 49th South, not through current subdivisions. 7. The annexation agreement for the south and north parcels of Ammon Village was approved on October 2, 2022 with the following special conditions: . SC-1: each lot pays $789.61 per lot for the incurred costs of the well, storage tank, and property . SC-2: Developer shall pay for proportionate share of road improvements based on a traffic study . SC-3: Developer shall pay $392,000 for the purchase of groundwater rights, completed . SC-4: Obtain FEMA approval for floodplain mitigation . SC-5: Shall complete or contribute to improvements required from the annexation studies . SC-6: Development shall include no more than 292 townhome units . SC-7: All construction vehicles must use 49th South, not existing subdivisions to access the site It was moved by Council Member Wessel and seconded by Council Member Slack to continue action on the Final Plat for Ammon Village North Division 1 pending further information. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes unanimously with vote by roll call 5. Standard Development Agreement Ammon Village North Division 1 (Cindy Donovan, City Planner) Council reviewed each section of the Development Agreement. Council directed Staff to keep 7.6, Special Condition 6 in the agreement requiring studies. Staff noted that it had been suggested for removal as the studies had already been completed during annexation. It was moved by Council Member Slack and seconded by Council Member Oswald to continue action on the Development Agreement for Ammon Village North Division 1 pending changes as requested. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes unanimously with vote by roll call 6. Final Plat Riviera Park (Cindy Donovan, City Planner) City Planner Cindy Donovan reviewed the Plat noting that at time of packet preparation, a bond for uncompleted work had not been finalized and Staff could not recommend approval based on that. Donovan then reviewed the background of the development and noted that a Ammon City Council February 20, 2025 Page 13 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 8 of 11 portion of the original plat had been separated and platted as Grand Peaks Medical that Council had approved previously. Jonny Arbuckle, developer, was present to discuss the Plat with Council. Arbuckle explained his reason for bonding and detailed the concerns with bonding required prior to plat being approved. Arbuckle noted that a letter of credit from the financial institution was available to be filed with the City prior to recording of a Plat. Recommendation: At the time of packet publication, we don’t have an acceptable bond. Therefore, we cannot recommend approval. Compliance: At the time of submission of this staff report, the bond is currently being processed but is not completed, the bond is required for approval of the final plat within Title 10 Chapter 29 Section 9 – Requirements of the Final Plat. This application is in compliance with the Comprehensive Plan, Comprehensive Plan Future Land Use Map, and Title 10, Chapter 35 - Multi-Use Zone. Criteria for Decision: Title 10, Chapter 29, Section 3 – APPROVAL OF SUBDIVISION PLAT: No plat shall be recorded or offered for record until the plat has been reviewed by the Planning Commission and approved by the City Council and shall bear thereon the approval, by endorsement, of the Mayor, City Engineer and City Clerk. Title 10, Chapter 29, Section 9 – REQUIREMENTS OF THE FINAL PLAT, see attached Title 10, Chapter 35 – Multi-Use Zone, see attached Title 10, Chapter 37, Section 1 – Commercial District Uses, see attached Summary of Analysis: 1. This final plat does not include approximately 8 acres of commercial property from the Riviera Park annexation, this acreage is platted as Grand Peaks Medical. 2. This plat includes 21 commercial lots, 2 residential lots, and 2 utility lots 3. Average commercial lot size is 70,867 sq. ft. (approximately 1.63 acres) 4. Lot 23 is designated for apartment use 5. Lot 22 is designated for townhome use; this will be platted before construction for individual lots. 6. Lots for the fiber hut and Iona Bonneville Sewer District (IBSD) lift station are shown on the east side of the property, north of Lincoln Road. 7. The Comprehensive Future Land Use Map shows the property as Heavy Commercial, Multi-Use Zone (MU) is an applicable zone for the Heavy Commercial land use category. 8. “The purpose of the Multi-Use zone is to provide for a variety and mixture of uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family.” (10-35-1) 9. Single family and multi-family residential are allowed uses in MU. The setbacks for residential structures are based on a related residential zone in City Code (10-35-3) Ammon City Council February 20, 2025 Page 14 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 9 of 11 10. Chapter 35 includes additional requirements to the Multi-Use Zone in regards to lighting, signage, landscaping, and commercial uses. These will be enforced at build out. 11. The master plan shows 58% commercial acreage and 42% residential acreage, which includes the Grand Peaks development. It was moved by Council Member Slack and seconded by Council Member Tibbitts to Approve the Final Plat for Riviera Park subject to Bond payment prior to recording of the Plat. Wessel, no; Oswald, no; Fullmer, yes; Slack, yes; Boyle, no; Tibbitts, yes. Seeing a tie vote, the Mayor cast a vote in the affirmative to break the tie. The motion passes. 7. Consideration of Bid John Adams Bridge Construction (Tracy Bono, City Engineer) City Engineer Tracy Bono reviewed the bid and process adding that the bid submission date had been delayed based on timeline and product availability concerns by planholders. Two companies submitted formal bids, Depatco and Knife River, with the apparent low bid coming from Knife River at $1,903,939.00. Bono added that this amount was higher than his estimate based mainly on the availability of products for the bridge itself. Bono explained that savings on other projects, including a lower match rate on the 1st Street project, would assist with payment for the project. Council discussed if similar delays and cost increases would cause issues for upcoming projects on 1st Street and 17th Street. Bono explained that it was possible as Recommendation - Staff recommends accepting the Knife River bid for John Adams Bridge over Sand Creek Project. Summary of Analysis 1. According to state statute, a formal bid process was followed. 2. Based on the following criteria, Staff recommends accepting Knife River bid for John Adams Bridge over Sand Creek Project: a. low bid It was moved by Council Member Slack and seconded by Council Member Wessel to accept the bid from Knife River for the John Adams Bridge Project in the amount of $1,903,939.00 and authorize the Mayor to sign the contract. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes unanimously with vote by roll call 8. Consideration of Wage Study Employee Compensation (April Forrest, HR Director) Human Resources Director April Forrest introduced the wage study to Council explaining it was part of a directive MORE David Jeppson, 2588 Boomer Lane, was present on behalf of BestDay HR to review the wage study with Council. Jeppson reviewed the process used by his team to ascertain the Ammon City Council February 20, 2025 Page 15 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 10 of 11 requested information and reviewed how Ammon’s current compensation fits in with peer groups. Council discussed the peer groups that had been chosen and how sample sizes impacted. April Forrest then reviewed the Kinds and Levels Chart as they existed presently and how they were being proposed to be adjusted. Forrest noted that some positions would be shifted into different pay grades, both upward and downward. Mayor Coletti reminded Council that the vote was on adjusting the Kinds and Levels charts and not any individual pay changes for employees. Recommendation - Recommend approval of the City of Ammon Compensation Project - Recommend approval of the updated Kinds and Levels Chart Summary of Analysis 1. The Executive Summary (attached) conducted by BestDay HR provides valuable insight for decision making and implementing equitable compensation practices within our organization. 2. Results of the study show the City has made progress since the last wage study in 2019, but still has 44 positions below market average. 3. Staff recommendation is to modify the City of Ammon’s Kinds and Levels Chart to incorporate the outcomes from the wage study and bring all positions to 100% of the market average. There are 44 positions below, 13 positions above. Financial Impact - At this time we are requesting the council review the pay ranges. No financial decision is being requested at this time. It was moved by Council Member Slack and seconded by Council Member Tibbitts to Accept the City of Ammon Compensation Project Executive Summary as presented by BestDay HR and updated Kinds and Levels Chart. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Tibbitts, yes. Motion passes unanimously with vote by roll call DISCUSSION ITEMS: 1. City Hall Project Update City Administrator Austin reported that the project was moving forward and no change orders were up for consideration at this time. Austin included that the building was nearly dried in and the roof was being completed in the coming weeks. 2. Gem Prep Public Hearing City Planner Cindy Donovan reported that he Planning Commission had not recommended an additional hearing but Staff encouraged an additional hearing based on the number of individuals present at the previous hearing. Council asked that additional hearing be scheduled based on recommendation from Staff. Ammon City Council February 20, 2025 Page 16 of 42 Ammon City Council Regular Meeting 02.15.2024 Page 11 of 11 3. John Adams Curlew Update City Engineer Tracy Bono presented a few videos to Council showing the progress of the John Adams and Curlew extension project noting that recent weather had given the project an excellent head start and it was moving forward well. 4. Miscellaneous Council Member Tibbitts announced he would be resigning from Council as of March 1st. Mayor Coletti and Council thanked Tibbitts for his service and many years of dedication. Mayor Coletti explained that an announcement would be made on Friday, February 16th asking for applications for interested applicants with a close date of March 1st. Council Member Wessel brought forward a discussion regarding decommissioning Target Park off of Hitt Road near the Target Store. Wessel reported he had met with Tyler Draney, Parks Director, to discuss the cost of maintenance and potential uses. Staff was asked to review potential options and return with ideas for Council. Council Member Oswald asked about the possibility of some graphs or maps that might indicate where high crime rates are occurring. Sergeant Kyle Fielding explained that four deputies were on duty at any given time in Ammon and reported that often two deputies are tied up for each call and that a heat map would be made available at the next Sheriff meeting with Staff. Council Member Boyle inquired as to the status of traffic changes at 17th and Midway Ave. City Engineer Bono reported that a traffic study had been done at the location and it did not meet requirements for a traffic signal and he recommended not placing a signal at that location and instead utilize raised barriers to prevent left turns. Boyle also asked about restrictions that can be placed on current construction sites that were especially muddy and spilling into City roadways. Bono reported he had spoken with Building Official Charles Allen to discuss stop-work orders in areas that have not or will not clean up their areas. Bono also added that he is considering requiring SWIP Plans, as required by the EPA, that outlines cleanup plans for any homes or developments in the works. ADJOURN The meeting adjourned at 9:44pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council February 20, 2025 Page 17 of 42 2010 North Redwood Road, Salt Lake City, Utah 84116 (801) 521-8529 - AWAengineering.netPROFESSIONAL LA ND S U RVEYORB R UCE D. P I M P E R16975 ST ATE OF I D A H OL IC E NSED Ammon City Council February 20, 2025 Page 18 of 42 ∆ ∆ ∆ ∆ ∆ 2010 North Redwood Road, Salt Lake City, Utah 84116 (801) 521-8529 - AWAengineering.net PROFESSIO N A L LAND S U RVEYORB R UCE D. P I M P E R16975 ST ATE OF I D A H OL I C E NSED Ammon City Council February 20, 2025 Page 19 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 20, 2025 Mayor Coletti and City Council Members: Bridgewater Property Rezone Findings of Fact and Conclusions of Law Staff Presenting: Cindy Donovan – Planning Director Summary of Analysis: 1.On February 6, 2025 the City Council voted to deny the Bridgewater Property Rezone. 2.The property is currently zoned Parks, Schools, and Churches Zone (PSC) 3.The Future Land Use Map shows the property as Low Density Residential 4.R-1 and R1-A are applicable zones in the low-density residential land use designation 5.The property was platted in 2006 as part of the recorded plat for Bridgewater Division 1. 6.Surrounding property to the north, west, and south is zoned RP-A and to the east is N 35th E (Ammon Road) and residential property in Bonneville County 7.The property is serviced by Falls Water and Iona Bonneville Sewer District. 8.City Council: -Voted to approve the rezone on November 21, 2024 with a 4 – 2 vote -On December 5, 2024 Ordinance #728 and the Findings of Fact were presented – City Council tabled these items to consider the possibility of having a Public Hearing -On December 12, 2024 the Action Item of Consideration of a Public Hearing was tabled -On December 19, 2024 the City Council approved holding a Public Hearing on January 16, 2025 with a 5-1 vote -Public Hearing #2025-001 was held before the City Council on January 16, 2025. Testimony was presented from the applicant, five letters were received in favor, there were two who testified as neutral, and two testified in opposition. There was no action taken regarding a decision after the public hearing. Parcel Characteristics: -General Location: north of Greenwillow Lane, east of Red Robin Avenue, south of Lincoln Road, west of Ammon Road -Acres: 4.467 acres -Current Zoning: PSC City Council Hearing: -Public Hearing #2025-001 was held before the Council on January 16, 2025 -Testimony: 2 people testified as neutral, 2 people testified in opposition City Council Notice of Hearing: -Notice was published in the Post Register on December 28, 2024 -Notice was mailed to 54 property owners and 20 public entities on December 30, 2024 -Property was posted on Monday, January 6, 2025 -Public comment: Received 5 letters in favor (see attached) Motion: Approve I move to approve the Bridgewater Property Rezone Findings of Fact and Conclusions of Law. Attachments: 1.Bridgewater Property Rezone Findings of Fact and Conclusions of Law Ammon City Council February 20, 2025 Page 20 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 ) IN RE: ) AMMON CITY COUNCIL ) CALIBER CUSTOMS ) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION BRIDGEWATER PROPERTY ) REZONE ) FEBRUARY 20, 2025 ) APPLICANT: CALIBER CUSTOMS OWNER: MICHAEL McCARTY PROJECT: BRIDGEWATER PROPERTY REZONE APPLICANT REQUEST: Request to rezone 4.467 acres from PSC – Parks, Schools, and Churches to R-1 Residence Zone (1.484 acres) and R1-A Residence Zone (2.983 acres) LOCATION: Bridgewater Division 1, Block 2, Lot 1, 3445 East Greenwillow Lane EXISTING ZONING: PSC – Parks, Schools, and Churches SURROUNDING ZONE: City of Ammon RP-A, Bonneville County single-family residential SURROUNDING USE: Single-Family Residential PARCEL SIZE: 4.467 acres total SECTION 1: BACKGROUND FACTS Summary of Application - Request to rezone 4.467 acres from PSC – Parks, Schools, and Churches to R-1 Residence Zone (1.484 acres) and R1-A Residence Zone (2.983 acres) - Request to construct single-family detached homes (R-1) and single-family attached homes (R1- A) Noticing - Planning and Zoning Commission - On October 18, 2024 notice of the Planning and Zoning Commission public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. - On October 18, 2024 notice of the Planning and Zoning Commission public hearing was mailed to 20 public entities and adjoining property owners within 300 feet. - City Council - On December 28, 2024 notice of the City Council public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County. - On December 30, 2024 notice of the City Council public hearing was mailed to 20 public entities and adjoining property owners within 300 feet. Planning and Zoning Commission Findings - Public Hearing #2024-019 was held before the Commission on November 6, 2024. SECTION 2: FINDINGS OF FACT Ammon City Council February 20, 2025 Page 21 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Based upon the application, the record and testimony presented, and the following additional findings of the City Council: ● Request is not consistent with the Comprehensive Plan ● Request is not consistent with City Code The Ammon City Council therefore finds as follows: 1. The City Council finds the request from Caliber Customs for the project known as the Bridgewater Property Rezone to be non-compliant with the 2018 Comprehensive Plan. Table 1 (below) summarizes these findings. 2. The City Council finds the request from Caliber Customs for the project known as the Bridgewater Property Rezone to be non-compliant with the zoning ordinance and does not protect and improve the public health, safety and welfare. These findings are summarized in Table 2 (below). TABLE 1 Summary of General Compliance with the 2018 Comprehensive Plan Non-Compliance The application is not in compliance with the following applicable section of the Comprehensive Plan: - Chapter 1. Foreword: This Ammon Comprehensive Plan is intended to guide development in the City of Ammon in a manner that achieves the shared vision expressed by its citizens for the future of their city, their communities, and their neighborhoods. TABLE 2 Summary of General Compliance with Title 10, Planning and Zoning Non-Compliance The application is not in compliance with the following applicable sections of Title 10: Chapter 13 RP-A Residence Zone − 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. SECTION 3: CONCLUSION OF LAW 1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; Ammon City Council February 20, 2025 Page 22 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 3. The Council has authority to hear the applicant’s request pursuant to the Ammon Municipal Code. 4. The City of Ammon has provided adequate notice for the review of this application. 5. The project does not meet the standards of approval under Title 10, Chapter 13, RP-A Residence Zone, and the standards of approval under the Local Land Use Planning Act of Idaho Code, Title 67, Chapter 65 SECTION 4: DECISION THEREFORE, the Ammon City Council denies the Bridgewater Property Rezone to R-1 and R1-A. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 20th day of February, 2025. ________________________________ Mayor Sean Coletti _______________________________ Attest: Kristina Buchan, City Clerk Ammon City Council February 20, 2025 Page 23 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 NOTICE OF APPLICABLE RIGHTS Applicants have a right to request a regulatory taking analysis of this decision pursuant to Idaho Code §67-8003. Further, per Idaho Code §67-6535, and in accordance with Idaho Rule of Civil Procedure 84, an applicant or an affected person has the right to seek review of this decision. CERTIFICATE OF SERVICE I hereby certify that on this 21st day of February, 2025, I served a true and correct copy of the foregoing document upon the following: Applicant Caliber Customs ATTN: Michael McCarty 2295 N Yellowstone Hwy. Suite 1 Idaho Falls, ID 83401 [x] Mailing [x] E-Mail: office@calibercustoms.com Applicant Jason Carlyle 3744 E 20th N Idaho Falls, ID 83401 [x] Mailing [x] E-Mail: JasonCarlyle47@gmail.com _____________________________________________ City Clerk Ammon City Council February 20, 2025 Page 24 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 20, 2025 Mayor Coletti and City Council Members: Applicant-Initiated Rezone Request Hampton Hills Rezone Staff Presenting: Cindy Donovan – Planning Director Recommendation: -Staff recommends approval of the rezone based on the following staff report. Compliance: -This application is in compliance with the Comprehensive Plan and City Ordinance. Criteria for Decision: -Title 10 Chapter 14 – R-1 Residence Zone -10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. Summary of Analysis: 1.The property is currently zoned R1-A 2.The Future Land Use Map shows the property as Low Density Residential 3.R-1 and R1-A are applicable zones in the low-density residential land use designation 4.The R1-A Zone allows a maximum density of 4.0 units per acre and allows up to 2 attached units 5.The R-1 Zone allows a maximum density of 4.0 units per acre and no attached units 6.Approval of the rezone would make the entire parcel zoned R-1 7.The rezone would not change the allowed density. The primary change would be that all residential units would have to be detached. 8.City Ordinance does not allow split-zoned lots. The rezone to R-1 would prevent split-zoned lots when the subdivision is platted at a later date. 9.The property was annexed on March 20, 2003 as R1-A with City Ordinance #322 10.Surrounding property is zoned R-1 to the north, agricultural property in Bonneville County to the east, Parks, Schools, and Churches (PSC) to the south, and residential properties in Bonneville County to the west Parcel Characteristics: -General Location: north of East 49th South (Township Road), east of Ammon Road, south of Sunnyside Road, west of South 45th East (Crowley Road) -Acres: 20.138 acres -Current Zoning: R1-A -Proposed Zoning: R-1 Applicant’s Request: -Approval of the rezone request from R1-A to R-1 Ammon City Council February 20, 2025 Page 25 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 - Presented by Rockwell Homes and Eagle Rock Engineering Planning and Zoning Commission - Public Hearing #2025-002 was held before the Commission on February 5, 2025 - Testimony: 1 person submitted a sign-up sheet in favor but did not testify, 1 person testified as neutral, concerned with the floodplain through the property - Commission recommended approval with a unanimous vote of 9-0 - Reasoned Statement: • In compliance with Comprehensive Plan and City Ordinance • Rezone does not change the allowed density • Eliminating a split zoned parcel • No public opposition Notice of Hearing: - Notice was published in the Post Register on Friday, January 17, 2025 - Notice was mailed to 10 property owners and 20 public entities on January 17, 2025 - Property was posted on Wednesday, January 22, 2025 - Public comment: no written public comment was received Motion: Approve I move to approve the Hampton Hills Rezone of approximately 20.138 acres to R-1, finding it is in compliance with the Comprehensive Plan and City Ordinance (based upon/with conditions if applicable). Deny I move to deny the Hampton Hills Rezone finding it is not in compliance with the Comprehensive Plan and City Ordinance based upon (state the reasons for recommending denial). Continue I move to continue the Hampton Hills Rezone until additional information can be obtained (list specific information required). Attachments: 1. Vicinity Map 2. Planning and Zoning Commission Reasoned Statement 3. Title 10 Chapter 14 R-1 Residence Zone 4. Title 10 Chapter 14A R1-A Residence Zone 5. 10-37-2 (A) Residential District Uses Ammon City Council February 20, 2025 Page 26 of 42 MAIBEN ST ASPEN LN ROSS AVE 49TH SE SHELMAR LANE(TOWNSHIP ROAD)SWEET WATER WAY AMMON RD 41ST SSUNNYSIDE RD ARD DR. AMMON RD MILCREEK LN CLEARFIELD LN MT.BAIRD DRTHUNDER DRWESN0500'500'250'SCALE: 1" = 500'REZONE LOCATION VICINITY MAPAmmon City CouncilFebruary 20, 2025Page 27 of 42 Ammon City CouncilFebruary 20, 2025Page 28 of 42 Page 1 of 1 REVISED 05062021 CHAPTER 14 R-1 RESIDENCE ZONE SECTION: 10-14-1: General Objectives and Characteristics of Zone 10-14-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R-1 Residence Zone is to provide a residential environment within the City which is characterized by somewhat smaller lot width and a somewhat denser residential environment. Also characteristic of this zone are residential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R-1 Residence Zone shall be single family dwelling units and certain other public facilities which are necessary to promote and maintain stable residential neighborhoods. This zone does not allow density that will exceed four (4.0) living units per acre. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R-1 Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). Ammon City Council February 20, 2025 Page 29 of 42 Page 1 of 2 REVISED 05062021 CHAPTER 14A R1-A 10-14A-1 General Objectives and Characteristics of Zone 10-14A-2:Special Provisions Regarding Single Family Attached Dwellings 10-14A-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R1-A Residence Zone is to provide a residential environment within the Citywhich is characterized by somewhat smaller lot width. Also characteristic of this zone areresidential amenities adequate to maintain desirable residential neighborhoods. The principal permitted uses in the R1-A Residence Zone shall be single-family dwelling units and one structurecontaining two (2) single-family dwelling units as ordinarily referred to as townhouses and certainother public facilities which are necessary to promote and maintain stable residentialneighborhoods. This zone does not allow density that will exceed four (4.0) dwelling units peracre. 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 R1-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). 10-14A-2:SPECIAL PROVISIONS REGARDING SINGLE FAMILY ATTACHED DWELLINGS: (A)No single-family attached dwelling shall be located above another dwelling unit, either inwhole or in part. (B)Each single-family attached dwelling unit shall have at least one direct pedestrian accessfrom the interior of the dwelling to the exterior boundaries of the lot and no pedestrianaccess may be held in common with another single family dwelling unit. (C)Except as noted below, a single-family attached dwelling unit shall have no facilities orproperty in common with another single-family attached dwelling unit and all dwellingsshall be structurally and functionally independent from each other. All single-familyattached dwelling units shall have separate electrical service, water service lines, andsanitary sewer service lines. Common facilities or property are allowed for the following: 1.Common party walls constructed in accordance with the International BuildingCode or International Residential Code as they may apply. 2.Foundations supporting attached or party walls. 3.Flashing at the termination of the roof covering over any attached walls. Ammon City Council February 20, 2025 Page 30 of 42 Page 2 of 2 REVISED 05062021 4.Roofs. 5.Vehicular access to a dedicated street for off street parking facilities or detachedgarages. (D)No certificate of occupancy shall be issued for a single-family attached dwelling unit unlessa common facility or party wall agreement or Declaration of Condominium, together witha separate legal description for each living unit has been filed with the Bonneville CountyRecorder's Office and a copy provided to the City of Ammon, for each such dwelling unitwhich shares common facilities with another unit. Such agreement shall include a legaldescription of the individual dwelling units sharing common facilities and shall allocateresponsibility as and between the owners of such lots for the use, maintenance, andownership of all common facilities. Ammon City Council February 20, 2025 Page 31 of 42 ZonesMaximum Density (Units Per Acre)Minimum Lot Area (Square Feet)Minimum Lot WidthMinimum Open SpaceFront Setback MinimumSide Setback Minimum (except zero lot line properties)Rear Setback MinimumMinimum Square Footage (Single Story, Above Grade)Minimum Square Footage (Multi-Story, Above Grade)Maximum Building HeightAccess WidthAccessory StructureAccessory Dwelling Unit (ADU)Attached Units AllowedMinimum Landscape StripRequired BuffersChild Care Facilities Require a Home Occupation LicenseAssisted Living CenterRE 1.00 43,560 125'70%50'20'25'1,500 2,600 35'30'P P 1.00 RP 2.50 12,000 100'70%30'10'25'1,400 2,400 35'30'P P 1.00 P6, P7 RP-A 2.50 10,000 90'70%30'10'25'1,200 2,000 35'30'P P 1.00 R-1 4.00 5,000 50'70%30'8'25'1,000 1,500 35'30'P P 1.00 P6, P7 R-1 prior to 6-27-13 4.00 8,000 80'70%30'8'25'1,000 1,500 35'30'P P 1.00 P6, P7 R1-A 4.00 5,000 sq ft/unit 100'70%30'P1, 8'25'1,000 1,500 35'30'P P 2.00 P6, P7 RS 6.00 4,000 50'50%25' 14' total with a minimum of 4' on one side 20'800 1,200 35'20'P 1.00 R-2 8.00 P2 100'65%30'P1, 8'25'900 1,300 35'30'P 4.00 10'P6, P7 R2-A 12.00 P3 100'65%30'P1, 8'25'1,100 40'30'P up to 8.00 10'Fence P6, P7 P R-3 16.00 P4 100'65%30'P1, 8'25'40'30'P up to 16.00 10'Fence P6, P7 P R3-A 20.00 P5 100'65%30'P1, 8'25'40'30'P up to 20.00 10'Fence P6, P7 P RMH 6.00 5,000 sq ft 50'70%15'5'20'1,000 35'30'P 1.00 MU 20' Not Permitted P Permitted P1 P2 P3 P4 P5 P6 Family Child Care Facility - five (5) or fewer children P7 Group Child Care Facility - six (6) to twelve (12) children 11/14/2024 For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three or more dwelling units the minimum lot area is 12,200 sq. ft. plus 2,200 sq. ft. for each dwelling unit. 10-37-2 (A) RESIDENTIAL DISTRICT USES There shall be no side yard requirement for the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls with the following requirements: a) At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero lot line, the side yard requirement shall be no less than four (4) feet from the foundation of the detachment to the property line. b) For detached portions that are at the front of an attached dwelling, there shall be no less than four (4) feet from the foundation of the detachment to the property line and there shall be no more than four (4) feet running front to back of the dwelling that shall be detached from the dwelling sharing the party wall/common wall. c) There shall be an attached party wall/common wall of no less than twelve (12) feet between any attached dwellings permitted within this chapter or any subsequent chapter allowing single family attached dwellings. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three or four dwelling units the minimum lot area is 18,000 square feet. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit. For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required. Ammon City Council February 20, 2025 Page 32 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 20, 2025 Mayor Coletti and City Council Members: Ammon Park Center Division 1 Fourth Amended Plat Staff Presenting: Cindy Donovan – Planning Director Recommendations: -Staff recommends approval of the amended plat based on the following staff report Compliance -This request is in compliance with City Ordinance 10-22 CC-1 Central Commercial Zone, 10-29-9 Requirements of the Final Plat, 10-37-1A Commercial District Uses, the Comprehensive Plan, and the Comprehensive Plan Land Use Map Criteria for Decision: -Title 10, Chapter 29, Section 9 – FINAL PLAT REQUIREMENTS, see attached -Title 10, Chapter 22 – CC-1 CENTRAL COMMERCIAL ZONE, see attached -Title 10, Chapter 37, Section 1 (A) – Commercial District Uses, see attached Summary of Analysis 1.Original Plat was recorded on April 11, 2006 2.Second Amended Plat was recorded on January 12, 2009 3.Third Amended Plat was recorded on March 1, 2023 4.Development Agreement was recorded on April 21, 2005 5.The proposed Amended Plat is separating 1.866 acres from the remaining portion of Division 1 6.The intended use of the platted area is for six office buildings similar to the office complexes north of Chasewood Drive 7.Market Way may extend north along the east side of this property to Chasewood Drive dependent on future development 8.This area will have access to Midway Avenue from a private street (Center Park Drive) to the south and the Caliber Collision property to the north. Parcel Characteristics -General Location: north of 17th Street, east of Midway Avenue, south of Chasewood Drive, west of Ammon Road -Acres: 1.866 acres -Zoning: CC-1 -Lots: 6 -Average Lot Size: 0.311 acres (13,547.2 sq ft) Applicant’s Request -Approval of Ammon Park Center Division 1 Fourth Amended Plat -Presented by Eagle Rock Engineering Ammon City Council February 20, 2025 Page 33 of 42 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Planning and Zoning Commission: - The Commission reviewed the Final Plat on February 5, 2025 - The Commission recommended approval of the Final Plat unanimously Motion Approve I move to approve the Ammon Park Center Division #1 Fourth Amended Plat, finding it is in compliance with the Comprehensive Plan and City Ordinances, subject to technical review. Deny I move to deny the Ammon Park Center Division #1 Fourth Amended Plat, finding it is not in compliance with the Comprehensive Plan and City Ordinances. (state reasons for denial) Continue I move to continue the Ammon Park Center Division #1 Fourth Amended Plat, until further information can be obtained. (state information required) Attachments: 1. Vicinity Map 2. Ammon Park Center Division #1 Fourth Amended Plat 3. 10-29-9 Requirements of a Final Plat 4. 10-22 CC-1 Central Commercial Zone 5. 10-37-1 (A) Commercial District Uses Ammon City Council February 20, 2025 Page 34 of 42 VICINITY MAP EAGLE POINTE DRMIDWAY AVEHEATHER LNSABIN DRCABELLARO DRROSS AVEMARLENE ST ( 35TH EAST ) S AMMON RDBRIAR CREEK LN. 17TH ST AMMON RDJO H N A D A M S P A R K W A Y MIDWAY AVE.CURLEW DR.TIE BREAKER DRCHASEWOOD DR TRAILWOOD DRE 17TH ST JOHN ADAMS PARKWAY WINDSORBRIAR CREEK LN. PROJECT LOCATION MIDWAYW E S N Ammon City Council February 20, 2025 Page 35 of 42 8 17744 SF 0.407 AC.S40°54'05"W 62.98' 151.58' S89°54'11"W 313.58'S00°05'49"E 186.50'110.00' N89°54'11"E 379.94' 13 17052 SF 0.391 AC. 10 8370 SF 0.192 AC. 11 10230 SF 0.235 AC. 136.32' N89°54'11"E 90.00' 162.00'N00°05'49"W93.50'90.00'R: 330.00'L: 120.59'CH: 119.92'N30°25'58"EN40°54'05"E 42.27'S40°54'05"W 130.53' S00°05'49"E 17.27'N00°05'49"W 93.00'S00°05'49"E93.00'S00°05'49"E93.00'162.00' 136.82'110.00' N 4 9 ° 0 5 ' 4 5 " W 1 5 0 . 6 5 ' 15' P U E 43.12'26.00'25.50'85.32' 11 2 . 1 5 ' 38 . 5 0 '15.40'93.00'93.50'N00°05'49"W 104.71S89°54'11"W 1252.82 N89°54'11"E 262.39 S89°54'11"W 270.32N00°05'49"W 80.00S00°05'49"E 105.41N40°54'05"E 132.09N49°05'45"W 25.49 N 4 9 ° 0 5 ' 4 5 " W 8 4 . 1 5 S40°54'05"W 110.27 38.50' 12 15147 SF 0.348 AC. 9 12725 SF 0.292 AC.S00°05'49"E80.00'S00°05'49"E80.50'15' PUE 15' PUE W E S N 040'40'20' SCALE: 1" = 40' SURVEYED BY: DRAWN BY: PROJECT NO. APPROVED BY: AGLE ROCK NGINEERING CIVIL PLANNING SURVEYING IDAHO FALLS (208) 542-2665 E REXBURG (208) 359-2665 OFFICES AT: 1331 Fremont Ave. Idaho Falls, Idaho 83402 343 E 4th N, Suite 119 Rexburg, Idaho 83440 SHEET 1 OF 2 FOURTH AMENDED PLAT OF AMMON PARK CENTER DIVISION NO. 1 A PARCEL OF LAND SITUATED IN A PORTION OF LOT 1A, BLOCK 2 OF THE FIRST AMENDED PLAT OF AMMON PARK CENTER, DIVISION NUMBER 1, CITY OF AMMON, BONNEVILLE COUNTY, IDAHO AND FOR WHICH IS MORE SPECIFICALLY DESCRIBED AS FOLLOWS. BEGINNING AT THE MOST NORTHERLY CORNER OF AMMON PARK CENTER CONDOMINIUMS PURSUANT TO INSTRUMENT NUMBER 1594523, BEING A PORTION OF LOT 1A, BLOCK 2 OF THE FIRST AMENDED PLAT OF AMMON PARK CENTER, DIVISION NUMBER 1, CITY OF AMMON, BONNEVILLE COUNTY, IDAHO PURSUANT TO INSTRUMENT NUMBER 1220156, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF MIDWAY AVENUE; RUNNING THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: (1) THENCE N.40°54'05”E. 42.27 FEET TO A POINT OF CURVE WITH A RADIUS OF 330.00 FEET AND A CHORD BEARING N.30°25'58”E. 119.92 FEET; (2) THENCE TO THE LEFT ALONG SAID CURVE 120.59 FEET THROUGH A CENTRAL ANGLE OF 20°56'14” TO THE SOUTHWEST CORNER OF LOT 7, BLOCK 2, THIRD AMENDED PLAT OF AMMON PARK CENTER, DIVISION NUMBER 1, CITY OF AMMON, BONNEVILLE COUNTY, IDAHO PURSUANT TO INSTRUMENT NUMBER 1742357; THENCE N.89°54'11”E. ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 7, BLOCK 2 A DISTANCE OF 379.94 FEET; THENCE S.00°05'49”E. 186.50 FEET; THENCE S.89°54'11”W. 313.58 FEET; THENCE S.40°54'05”W. 62.98 FEET; THENCE N.49°05'45”W. 150.65 FEET TO THE POINT OF BEGINNING, CONTAINING 1.866 ACRES. BOUNDARY DESCRIPTION EAGLE ROCK ENGINEERING WAS COMMISIONED BY COMMAND PROPERTIES LLC. TO CREATE AN AMENDED PLAT FROM LOT 1A, BLOCK 2 OF THE FIRST AMENDED PLAT OF AMMON PARK CENTER, DIVISION NUMBER 1 AS PURSUANT TO INSTRUMENT NUMBER 1220156 AS BEING RECORDED IN BONNEVILLE COUNTY, IDAHO RECORDS. MONUMENTS FOUND WERE 5/8 INCH IRON RODS WITH PLASTIC CAPS STAMPED LS 9369 ALONG THE SOUTH BOUNDARY LINE OF THIRD AMENDED PLAT OF AMMON PARK CENTER, DIVISION NUMBER 1 PURSUANT TO INSTRUMENT NUMBER 1742357 AND ALONG THE NORTHERLY BOUNDARY LINE OF AMMON PARK CENTER CONDOMINIUMS PURSUANT TO INSTRUMENT NUMBER 1594523. MONUMENTS SET ARE 5/8 INCH IRON RODS WITH PLASTIC CAP STAMPED LS 9369 ON EXTERIOR BOUNDARY ANGLE POINTS AND 1/2 INCH IRON RODS WITH PLASTIC CAPS STAMPED LS 9369 ON EXTERIOR AND INTERIOR LOT CORNERS. 2004 CITY OF IDAHO FALLS GROUND CONTROL WAS USED FOR CONTROL OF THIS PLAT. NARRATIVE H. REESE A. BARRETT K. ROLAND 24061 DATE:February 13, 2025 CAD NAME:X_24061 FINAL PLAT.DWG ROADWAY CENTERLINE SECTION LINE LOT LINE PLAT BOUNDARY EXISTING UTILITY EASEMENT AS NOTED P.L.S.S. CORNER AS NOTED 15' PUBLIC UTILITY EASEMENT (PUE) UNLESS OTHERWISE DIMENSIONED FOUND 1/2" X 24" IRON ROD WITH YELLOW PLASTIC CAP MARKED P.L.S. 14750 OR AS NOTED FOUND 5/8" x 30" IRON ROD WITH YELLOW PLASTIC CAP MARKED P.L.S. 14750 OR AS NOTED PLACED 1/2" X 24" IRON ROD WITH YELLOW PLASTIC CAP MARKED P.L.S. 9369 PLACED 5/8" x 30" IRON ROD WITH YELLOW PLASTIC CAP MARKED P.L.S. 9369 LEGEND POINT OF BEGINNINGPOB OHADIFOETA TR E G I STE SRPROFESSIONLA 9369 DE LAND US R O YEVR K U RT J.R O L A NDIS A RE-PLAT OF A PORTION OF LAT 1A, BLOCK 2 OF THE FIRST AMENDED PLAT OF AMMON PARK CENTER, DIVISION NUMBER 1 A SUBDIVISION OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO AND A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 38 EAST, BOISE MERIDIAN POB VICINITY MAP EAGLE POINTE DRMIDWAY AVEHEATHER LNSABIN DRCABELLARO DRROSS AVEMARLENE ST ( 35TH EAST ) S AMMON RDBRIAR CREEK LN. 17TH ST AMMON RDJOH N A D A M S P A R K W A Y MIDWAY AVE.CURLEW DR.TIE BREAKER DRCHASEWOOD DR TRAILWOOD DRE 17TH ST JOHN ADAMS PARKWAY WINDSORBRIAR CREEK LN. PROJECT LOCATION MIDWAY PUE AND CROSS ACCESS EASEMENT BLOCK 2 COMMERCIAL LOTS = 6 OPEN SPACE LOTS = 0 AVERAGE LOT SIZE = 0.311 ACRES ZONING = CC-1 TOTAL PLAT ACREAGE= 1.866 ACRES FINAL PLAT DATA SOUTHEAST CORNER SECTION 22 TOWNSHIP 2 NORTH RANGE 38 EAST, BOISE MERIDIAN FOUND 5/8" IRON ROD WITH BRASS CAP CP&F No. 1636824 EAST QUARTER CORNER SECTION 22 TOWNSHIP 2 NORTH RANGE 38 EAST, BOISE MERIDIAN FOUND 1"X24" DRILL STEEL & 3" ALUMINUM CAP CP&F NO.1636823 2134.03'495.00'SECTION LINE - BASIS OF BEARING 2004 CITY CONTROLS00°28'59"E 2629.03'THIRD AMENDED PLAT OF AMMON PARK CENTER DIVISION N O . 1 INSTRUMENT NO. 1742357 AMMON PARK CE NTER CONDO MINIU MS INSTRUMENT NO. 1594523S MIDWAY AVE FOUND ALUMINUM CAP LS NO. 722 COMMA N D P R O P E R T I E S L L C EXISTING 15' PUEEXISTING 15' PUE EXISTING 10' PUE COMMAND PROPERTIES LLCEXISTING EASEMENT TIE LINE TO PROPERTY CORNER FROM SECTION CORNER CALCULATED POINT C E N T E R P A R K D R I V E 1. ALL ROADS PLATTED TO BE PRIVATE. NOTE: Ammon City Council February 20, 2025 Page 36 of 42 SURVEYED BY: DRAWN BY: PROJECT NO. APPROVED BY: AGLE ROCK NGINEERING CIVIL PLANNING SURVEYING IDAHO FALLS (208) 542-2665 E REXBURG (208) 359-2665 OFFICES AT: 1331 Fremont Ave. Idaho Falls, Idaho 83402 343 E 4th N, Suite 119 Rexburg, Idaho 83440 SHEET 2 OF 2 H. REESE A. BARRETT K. ROLAND 24061 DATE:February 13, 2025 CAD NAME:X_24061 FINAL PLAT.DWG PURSUANT TO I.C. §50-1334, THE OWNER DOES HEREBY, CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT ARE ELIGIBLE TO RECEIVE WATER FROM THE CITY OF AMMON MUNICIPAL WATER SYSTEM, AND SAID CITY HAS AGREED IN WRITING TO PROVIDE CULINARY WATER SERVICE TO SAID LOTS. IN WITNESS WHEREOF, OWNER HAS HEREUNTO SET ITS SIGNATURE THIS ________DAY OF ____________ , 202__. COMMAND PROPERTIES, LLC, AN IDAHO LIMITED LIABILITY COMPANY _____________________________________ DEAN M. MORTIMER, MANAGING MEMBER DRINKING WATER SYSTEM CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED COMMAND PROPERTIES, LLC, AN IDAHO LIMITED LIABILITY COMPANY IS THE LAWFUL OWNER OF THE TRACT OF LAND INCLUDED WITHIN THE BOUNDARY DESCRIPTION SHOWN HEREON AND HAS CAUSED THE SAME TO BE PLATTED AND DIVIDED INTO BLOCKS, LOTS, AND STREETS, WHICH PLAT SHALL HEREAFTER BE KNOWN AS FOURTH AMENDED PLAT OF AMMON PARK CENTER DIVISION NO. 1 A SUBDIVISION OF THE CITY OF AMMON, IDAHO, BONNEVILLE COUNTY, IDAHO. BE IT FURTHER KNOWN, THAT OWNER DOES HEREBY DEDICATE GRANT AND CONVEY TO THE PUBLIC, ALL STREETS AND RIGHT-OF-WAYS SHOWN HEREON, THAT OWNER ALSO DOES HEREBY GRANT AND CONVEY TO THE CITY OF AMMON ALL PUBLIC EASEMENTS FOREVER AS IRREVOCABLE PERMANENT NON-EXCLUSIVE PUBLIC EASEMENTS AS SHOWN AND DESCRIBED HEREON. OWNER, OR ITS HEIRS AND ASSIGNS, AGREE THEY WILL CONSTRUCT NO PERMANENT STRUCTURE WITHIN OR UPON ANY EASEMENT SHOWN HEREON, AND THE CITY OF AMMON AND ITS SUCCESSORS, ASSIGNS, PERMITEES OR LICENSEES SHALL ALSO HAVE THE RIGHT, TO REMOVE, CUT OR TRIM ANY TREES, BRUSH, ORNAMENTAL SHRUBBERY OR PLANT WHICH MAY INJURE OR INTERFERE WITH THE USE THEREOF FOR ITS INTENDED PURPOSES, SUCH RIGHT MAY BE EXERCISED WITHOUT PRIOR NOTICE TO OWNER OR ITS SUCCESSORS OR ASSIGNS. OWNER OR ITS HEIRS, SUCCESSORS OR ASSIGNS FURTHER AGREE THAT THEY SHALL NOT PLANT ANY TREES, BRUSH, ORNAMENTAL SHRUBBERY OR PLANTS WHICH MAY HINDER THE SAFE AND EFFICIENT UTILIZATION OF SAID EASEMENTS. OWNER OR ITS HEIRS, SUCCESSORS OR ASSIGNS HEREBY RELEASES THE AMMON AND ITS SUCCESSORS, ASSIGNS, PERMITEES OR LICENSEES FROM ANY CLAIM FOR DAMAGES, BASED UPON CONCEALED OR UNDISCLOSED PRIVATE IMPROVEMENTS CONSTRUCTED OR PERMITTED TO BE CONSTRUCTED BY OWNER OR ITS SUCCESSORS OR ASSIGNS WITHIN ANY PUBLIC EASEMENTS, SUBSEQUENT TO RECORDING THIS SUBDIVISION, THAT MAY BE INCURRED AS A RESULT OF THE CITY OF IDAHO FALLS AND ITS SUCCESSORS, ASSIGNS, PERMITEES OR LICENSEES ORDINARY USE OF THE PUBLIC EASEMENTS WITH DUE CARE. OWNER OR ITS HEIRS, SUCCESSORS OR ASSIGNS DO HEREBY WARRANT AND SHALL DEFEND SUCH DEDICATION AND CONVEYANCES IN THE QUIET AND PEACEFUL POSSESSION OF THE PUBLIC OR THE CITY OF AMMON, AS THE CASE MAY BE, AGAINST SAID OWNER AND ITS HEIRS, SUCCESSORS AND ASSIGNS, AND AGAINST EVERY PERSON WHOMSOEVER WHO LAWFULLY HOLDS OR WHO LATER CLAIMS TO HAVE LAWFULLY HELD ANY RIGHTS IN SAID ESTATE AS OF THE DATE HEREOF. IN WITNESS WHEREOF, OWNER HAS HEREUNTO SET ITS SIGNATURE THIS ________DAY OF ____________, 202__. COMMAND PROPERTIES, LLC, AN IDAHO LIMITED LIABILITY COMPANY _____________________________________ DEAN M. MORTIMER, MANAGING MEMBER RECORDER'S CERTIFICATE I CERTIFY THAT I AM A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO AND THAT I HAVE EXAMINED THIS PLAT AND FIND THAT IT COMPLIES WITH I.C. §50-1305. DATE:_______________ _________________________________________________ BONNEVILLE COUNTY SURVEYOR, DAVID DOUGLAS ROMRELL P.L.S. NO. 12223 EXAMINING SURVEYOR'S CERTIFICATE I, THE UNDERSIGNED COUNTY TREASURER IN AND FOR THE COUNTY OF BONNEVILLE, STATE OF IDAHO, PURSUANT TO THE REQUIREMENTS OF I.C. §50-1308, DO HEREBY CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE FOR THE PROPERTY INCLUDED IN THE BOUNDARY DESCRIPTION SHOWN HEREON ARE CURRENT. DATE:_________ _________________________________ BONNEVILLE COUNTY TREASURER TREASURER'S CERTIFICATE SANITARY RESTRICTIONS AS REQUIRED BY I.C. §50-1326 HAVE BEEN SATISFIED BASED ON THE DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) APPROVAL OF THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF THE SANITARY RESTRICTIONS. BUYER IS CAUTIONED THAT AT THE TIME OF THIS APPROVAL, NO DRINKING WATER OR SEWER/SEPTIC FACILITIES WERE CONSTRUCTED. BUILDING CONSTRUCTION CAN BE ALLOWED WITH APPROPRIATE BUILDING PERMITS IF DRINKING WATER OR SEWER FACILITIES HAVE SINCE BEEN CONSTRUCTED OR IF THE DEVELOPER IS SIMULTANEOUSLY CONSTRUCTING THOSE FACILITIES. IF THE DEVELOPER FAILS TO CONSTRUCT FACILITIES OR MEET THE OTHER CONDITIONS OF DEQ, THEN SANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH I.C. §50-1326, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL, AND NO CONSTRUCTION OF ANY BUILDING OR SHELTER REQUIRING DRINKING WATER OR SEWER/SEPTIC FACILITIES SHALL BE ALLOWED. EASTERN IDAHO PUBLIC HEALTH DISTRICT ___________________________________ ______________ ENVIRONMENTAL HEALTH SPECIALIST, REHS DATE: HEALTH DEPARTMENT CERTIFICATE OF APPROVAL OWNER'S DEDICATION ALL MEASURED BEARINGS SHOWN HEREON RELATE DIRECTLY TO THE "CITY OF IDAHO FALLS COORDINATE SYSTEM OF 2004", WHICH IS DERIVED FROM THE IDAHO STATE PLANE COORDINATE SYSTEM (EAST ZONE 1101) US SURVEY FEET AND USING A COMBINED SCALE FACTOR OF 1.000277265 FOR A GRID TO GROUND CONVERSION, [REFERENCE FRAME NAD_83(2011), EPOCH 2010.0000]. THE SYSTEM ORIENTATION IS BASED ON GRID NORTH ALONG THE EAST ZONE CENTRAL MERIDIAN. NO CONVERGENCE ANGLE HAS BEEN APPLIED. BASIS OF BEARINGS THE ACCOMPANYING PLAT WAS DULY ACCEPTED AND APPROVED AND THE GRANTS AND DEDICATIONS ARE HEREBY ACCEPTED BY THE CITY COUNCIL OF AMMON ADOPTED THIS _____ DAY OF ________________ , 202____. ____________________________________________________ MAYOR CITY CLERK ____________ CITY ENGINEER CITY'S ACCEPTANCE I HEREBY CERTIFY THAT THE FOREGOING PLAT, FOURTH AMENDED PLAT OF AMMON PARK CENTER DIVISION NO. 1, WAS FILED IN THE OFFICE OF THE RECORDER OF BONNEVILLE COUNTY, IDAHO. ___________________________________________DATE_________ BONNEVILLE COUNTY RECORDER STATE OF _________________) :SS. COUNTY OF _______________) ON THIS _______DAY OF ____________, 20___, BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED DEAN M. MORTIMER, KNOWN OR IDENTIFIED TO ME, TO BE A MANAGING MEMBER OF THE LIMITED LIABILITY COMPANY OF COMMAND PROPERTIES, LLC, AN IDAHO LIMITED LIABILITY COMPANY, AND THE PERSON WHO SUBSCRIBED SAID LIMITED LIABILITY COMPANY'S NAME TO THE FOREGOING OWNER'S DEDICATION AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN SAID LIMITED LIABILITY COMPANY'S NAME AS A PERSON AUTHORIZED TO BIND SUCH LIMITED LIABILITY COMPANY. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND THE YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. __________________________________________ NOTARY PUBLIC FOR THE STATE OF _________________ RESIDING AT: ______________________________ COMMISSION EXPIRATION DATE: ________________ ACKNOWLEDGMENT THE PROPERTY REMAINS IN THE PROGRESSIVE IRRIGATION DISTRICT AND TO SATISFY THE REQUIREMENTS OF IDAHO CODE SECTION 31-3805, SUBSECTION (1)(B), A SIGNED WATER USE AND ASSESSMENT AGREEMENT BETWEEN THE CITY OF AMMON, IDAHO, THE DEVELOPER AND THE IRRIGATION DISTRICT IS PENDING. IRRIGATION WATER RIGHTS DISCLOSURE OHADIFOETA TR E G I STE SRPROFESSIONLA 9369 DE LAND US R O YEVR K U RT J.R O L A NDIS I, KURTIS J. ROLAND, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO DO HEREBY CERTIFY THAT THE SURVEY OF THIS SUBDIVISION DESIGNATED AS FOURTH AMENDED PLAT OF AMMON PARK CENTER DIVISION NO. 1, WAS MADE UNDER MY DIRECTION, AND THAT SAID SUBDIVISION IS TRULY AND CORRECTLY SURVEYED AND STAKED AS PROVIDED BY LAW AND IN ACCORDANCE WITH THE ACCOMPANYING PLAT AS DESCRIBED HEREON. SURVEYOR'S CERTIFICATE FOURTH AMENDED PLAT OF AMMON PARK CENTER DIVISION NO. 1 A RE-PLAT OF A PORTION OF LAT 1A, BLOCK 2 OF THE FIRST AMENDED PLAT OF AMMON PARK CENTER, DIVISION NUMBER 1 A SUBDIVISION OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO AND A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 38 EAST, BOISE MERIDIAN 10-29-9: REQUIREMENTS OF THE FINAL PLAT: The final plat must be submitted to the Planning Commission for final review within one (1) year after the approval of the preliminary plat, and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with reference to such plat until said plat has been duly approved as indicated in Section 10- 29-3 of this chapter. The final plat must be submitted to the Planning Commission for final review within (1) year after the approval of the preliminary plat. Otherwise, such approval shall become null and void and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with reference to such plat, unless the subdivider, ninety (90) days prior to said expiration date, applies for an extension of time and such extension is granted by the City. A maximum twelve-month extension may be granted by the City at its sole discretion. (A) The application shall be filed with the city and shall include: 1. A viable and acceptable plan which demonstrates how recordation of the final plan will occur within the year. 2. A schedule that depicts the anticipated progress for completion of the final plat within the year. 3. An application fee will be charged based on the current Fee Resolution for the review of the proposed subdivision. The Planning Commission must review the final plat. The final plat shall be submitted at least ten (10) days before a Planning Commission meeting date. The Planning Commission shall review the application within ten (10) days from the first meeting at which the plan was formally presented unless an extension of time is agreed to by the subdivider. Final approval of the plat shall be secured from the City Council; otherwise, the subdivider will be duly notified of its rejection by said body. The final plat must be recorded within six (6) months of approval by the City Council, or it shall expire. The plat sheet must be prepared in accordance with the Idaho Code. After approval of the Planning and Zoning Commission and City Council; two (2) mylar prints and one (1) paper print, shall be submitted to the Planning Department for final City staff review and approval. If approved, the prints shall have endorsed thereon the required approvals of all public agencies and property owners. Upon final approval the City Clerk shall submit the drawings to the County Recorder and return the prints for the City to the Planning Director and the County Recorder shall have attested the content on the print for the City to be the same that has been recorded with the County. Payment for all recordings shall be made to the City Clerk in care of Bonneville County Recorder. Plats must meet the requirements of Idaho Statute 50-1304. The following information shall be contained upon the drawing to be filed with the City Engineer: Ammon City Council February 20, 2025 Page 38 of 42 (B) The name and general location of the subdivision in bold letters at the top of the sheet. The name of the subdivision must not bear the name of any other town or addition in the County. C) The north point and scale of the plat. (D) The boundaries must be accurately drawn, showing the proper bearings and dimensions of all boundary lines of the subdivision. These lines should be slightly heavier than street and lot lines. (E) The names, widths, lengths, bearings, and curve data on center lines of proposed streets, alleys, and easements desired or necessary; also, the boundaries, bearings, and dimensions of all portions within the subdivision as intended to be dedicated to the use of the public. The sizes, lines, dimensions, bearings, and number of all lots, blocks, and/or parts reserved for any reason within the subdivision. (F) The widths and names of abutting streets and alleys, and the names and boundaries of all subdivisions which have been previously recorded and adjacent thereto, must be shown upon the plat offered for record. These adjacent subdivisions will be shown in dotted lines to show their relationship to the plat offered for record. If adjoining land is unplatted, it should be indicated as such. (G) All linear dimensions shall be calculated to the nearest one-hundredth (.01) of a foot, and all bearings shall be calculated to the nearest ten (10) seconds of arc, except on the boundaries where the bearings may be shown to the nearest one (1) second. All curves shall be defined by the radius, central angel, tangent, arc, and chord distances. The description and location of all monuments shall be shown. Monuments of iron pipe, stone, or concrete shall be set at tangent points or points of curves of street intersections on property lines, at alley intersections and at such other points as may be necessary to make the retracing of the lines as shown on the final plat reasonably convenient. No plat showing a plus or minus distance will be accepted unless agreed to by the Engineer. (H) A definite tie between not less than two (2) prominent points shall be shown between the exterior boundary of the subdivision and the section corner and quarter corner system of the County as established by the United States Government and supplemented by the County, indicated either by bearing and distance or by rectangular coordinates. The said tie may be made to a line of a county plat, or a plat of a neighboring subdivision, which conforms to the above requirement. (I) All lots shall be numbered by progressive numbers in each block separately; blocks shall also be numbered. (J) Upon the print must appear the following required signatures: Registered Professional Engineer and/or Land Surveyor's "Certificate of Survey"; owner's dedication certificate with notary public's acknowledgment; the approval of the Mayor attested by the Clerk; and the City Engineer. (K) The following items shall be printed on the final plat: Ammon City Council February 20, 2025 Page 39 of 42 1. Density of subdivision in living units 2. Number of lots within the division 3. Average size of lots within the division 4. Total size of plat (in acres) 5. Zoning for the subdivision shall be indicated. If more than one zone exists within the subdivision, individual lots should include the zone. 6. A vicinity map showing a radius of one-half (1/2) mile around the proposed development. All existing roadways shall be shown with names on the vicinity map. (L) Appropriate details for any special development areas, including, but not limited to, hillside and floodplain developments. (M) The following items shall accompany the final plat application: Prior to City Council Approval: 1. Copies of any private restrictions proposed to be recorded for the purpose of providing regulations governing the use, building lines, open spaces, or other aspects of development and use. All dimensions, both linear and angular are to be staked in the field by an accurate control survey which must balance and close within a limit of one (1) in ten thousand (10,000). The final print of the final plat shall be signed separately by all parties duly authorized and required to sign. (N) Prior to the approval of any final plat, the subdivider shall: 1. Provide the necessary documentation to show that all required improvements, infrastructure, public improvements, and public utilities have been installed and conditions of approval have been met and inspected and approved by the city. 2. Pay all required fees. Ammon City Council February 20, 2025 Page 40 of 42 Page 1 of 1 REVISED 5-2-2019 CHAPTER 22 CC-1 CENTRAL COMMERCIAL ZONE SECTION: 10-22-1: Objectives and Characteristics of Zone 10-22-2: Use Regulations 10-22-3: Special Provisions 10-22-1: OBJECTIVES AND CHARACTERISTICS OF ZONE: The objectives in establishing the CC-1 Central Commercial Zone is to create and maintain a dominant shopping and financial center. For this reason, the zone has been located where the street pattern makes the business buildings readily accessible to all parts of the City and surrounding region, and where business and shopping activities can be carried on with maximum convenience. The CC- 1 Central Commercial Zone is characterized by clean, well-lighted streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. Attractive, inviting and well-maintained shops, stores, offices and other buildings are also characteristic of this zone. In order to accomplish the objectives and purposes of this ordinance and to promote the characteristics of this zone, the following regulations shall apply in the CC-1 Central Commercial Zone. 10-22-2: USE REGULATIONS: SEE10-37-1. 10-22-3: SPECIAL PROVISIONS: (A) All off-street parking spaces shall be hard surfaced. (B) All merchandise, equipment, and other material, except for seasonal items on a temporary basis such as nursery stock and except for vehicles in running order, shall be stored within an enclosed building or within a sight-obscuring enclosure. (C) No dust, odor, smoke, vibrations, glare, or noise shall be emitted which is discernible beyond the premises, except from normal movement of automobile traffic. (D) Landscaping shall be as set forth in section 10-5-24. (E) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. Ammon City Council February 20, 2025 Page 41 of 42 10-5-26 COMMERCIAL AND RESIDENTIAL USES USE RE RP RP-A R-1 R-1A R-2 R-2A R-3 R-3A RMH PSC Multi Use LC/PB PB C-1 HC-1 CC-1 GC-1 M-1 I &M-1 I & M-2 Dwelling, Single Family P P P P P P P P P P P Dwelling, Multi Family P P P P Group Homes P P P P P P P P P P P Residential Care Facility P P P P M Short-term rentals P P P P P P P P P P P Adult Businesses P P Agriculture, Commercial P P P P P P P Agriculture, Urban P P P P P P P P P P P P P P P P P P P P P Assembly/Light Manufacturing Facility P P P P P P P Childcare Facility P1 P1 P1 P1 P1 P2 P2 P2 P2 P2 P P P P P P P P P P Communications Facility P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P P P P P P P P P P Drive-through Facility P P P P P P P P P P Equestrian Facility P P P P P P P Financial Institutions P P P P P P P P P P Food Service P P P P P P P P P P Golf Course M P P P P P P P P Health and Fitness Facility M P P P6 P6 P6 P6 P6 P6 Home Occupation P P P P P P P P P P P Hotel/Motel M P P P P P P P Kennel, Commercial Boarding M C C C P P P P P P Manufacturing P P P Motor Vehicle Sales P P P P P P Motor Vehicle Service C P P9 P9 P9 P9 Office, Business P P P P P P P P P P Outdoor Entertainment M P P P P P P P Parking Facility, Off-Site M P P P P P P P P P Professional Services M P P P P8 P8 P8 P8 P8 P8 Private EV Charging Station P P P P P P P P P P P P P P P P P P P P P Public EV Charging Station P P P P P P P P P P P Recreational Facility M P P P P P P Repair Shops P P P10 P10 P10 P10 Restaurants less than 30 seats, no beer/wine/alcohol service permitted P P P P P P P P P Restaurants - max of 5000 sq ft, Beer/Wine allowed by use, Liquor allowed pursuant to HC-1 Requirements P P P P P P P Restaurants - over 5000 sq ft, Beer/Wine/Alcohol allowed by use pursuant to HC-1 Requirements M P P P P P P Retail store - Small scale (max of 5000 sq feet) P P P P P P P P P Retail store - Large scale (over 5000 sq feet)M P P P P P P P Self-Service Storage Facility P P P Service Industry P P P P P P P P P P Service Station P P4 P5 P5 P5 P5 P5 P5 Studio Commercial P P P P P P P P P P Transportation Facility M P P P P P P Television and Radio Broadcasting Station M P P P P P P P Wholesale P P P P Assembly, Place of C C C C C C C C C C C P P P P P P P P P P Cemetery C C C C C C C C C C C M C P P P P P P P P Cultural Facility M P P P P P P P P P Government P P P P P P P P P P P P P P P P P P P P P Hospital C C C C C C C C C C M C C P P P P P P P Medical Care Facility P P P P P7 P7 P7 P7 P7 P7 Parking Facility, Off-Site M P P P P P Performing Arts Production M P P P P P P P Public Use C C C C C C C C C C C M C P P P P P P P Semi-Public Use C P P P P P P P PERMITTED IN DESIGNATED ZONE P NOT PERMITTED IN DESIGNATED ZONE PERMITTED WHEN APPROVED ON MASTER PLAN IN MIXED USE ZONE (ORIGINAL OR AMENDED)M CONDITIONAL USE PERMIT C Notes to Commercial and Residential Chart P1 Family Child Care Facility (5 or fewer children) P2 Group Child Care Facility (6 to 12 children) P3 Allowed for Amateur Radio Operators P4 Service Station - no more than twelve (12) vehicles simultaneously P5 Super Service Station - thirteen (13) or more vehicles simultaneously P6 Health & Fitness Facility over 5,000 square feet P7 Medical Care Facility over 5,000 square feet P8 Professional Services over 5,000 square feet P9 Major Motor Vehicle Repairs - emit odors, noise P10 Major Repair Shops - emit odors, noise 8/1/2024 10-37-1 (A) COMMERCIAL DISTRICT USES RESIDENTIALPUBLIC & INSTITUTIONALCOMMERCIALAmmon City Council February 20, 2025 Page 42 of 42