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05.01.2025 City Council Packet
6.Resolution 2025-005 Destruction of Records (Kristina Buchan, City Clerk)
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Ώ ƚƷĻķ Ʒƚ ğƦƦƩƚǝĻ ƷŷĻ ƩĻǩƚƓĻ ƚƓ bƚǝĻƒĬĻƩ ЋЊͲ ЋЉЋЍ ǞźƷŷ ğ Ѝ Ћ ǝƚƷĻ
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ğƷ ğ ƌğƷĻƩ ķğƷĻ͵
wĻĭƚƩķʹ
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ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ
ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ Њ
Ammon City Council 05.01.2025Page 14 of 125
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
Motion: Subject to the record on this application, the City Council may consider the following proposed
actions on reconsideration or other action as it chooses:
A.I move to (1) DENY
decision and to (2) REAFFIRM the decision without change for those reasons
previously stated in the written decision with a written denial being issued by the
Council on or before May 9, 2025.
B.I move to (1) PARTIALLY DENY the request for reconsideration and (2) REAFFIRM the
(3) MODIFY the
decision as follows (insert proposed changes) based on the following proposed
(insert suggested proposed modified findings of fact and conclusions of law)
with a written decision reflecting the same to be by the Council on or before May 9,
2025.
C.I move to (1) PARTIALLY DENY the request for reconsideration and (2) REAFFIRM the
MODIFY
decision for those reasons set forth in the proposed findings of staff and legal counsel
presented to the Council for consideration based on the facts and rationale contained
therein.
D.I move to (1) GRANT the request for reconsideration, (2) REVERSE
February 6, 2025 decision, and (3) APPROVE the rezone application as the applicant has
submitted based on the following proposed findings
fact and conclusions of law) with a written decision reflecting the same to be issued by
the Council on or before May 9, 2025.
E.I move to (1) PARTIALLY GRANT the request for reconsideration, (2) REVERSE the City
, and (3) APPROVE the rezone application, subject to
(propose changes)
(suggest proposed findings of fact and conclusions of law) with a written decision
reflecting the same to be issued by the Council on or before May 9, 2025.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
Ammon City Council 05.01.2025Page 15 of 125
Attachments:
1.Vicinity Map
2.Exhibit of Proposed Zoning
3.Planning and Zoning Commission Minutes from Public Hearing #2024-019
4.Planning and Zoning Commission Public Hearing #2024-019 Reasoned Statement
5.Written Testimony from Public Hearing #2024-019
6.City Council Minutes from Public Hearing #2025-001
7.Written Testimony received for Public Hearing #2025-001
8.Public Hearing #2025-001 sign-up sheets
9.Public Hearing #2025-001 evidence presented
10.City Council Minutes from December 5, 12, 19, 2024
11.City Council Minutes from February 6 and 20, 2025
12.Title 10 Chapter 41 Parks, Schools, and Churches Zone (PSC)
13.Title 10 Chapter 14 R-1 Residence Zone
14.Title 10 Chapter 14A R1-A Residence Zone
15.02.20.2025 Findings of Fact
Bridgewater Property Reconsideration Request
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 3
Ammon City Council 05.01.2025Page 16 of 125
Vicinity
Map
Lincoln Road
Site Location Greenwillow Ln
1st Street
Ammon City Council 05.01.2025Page 17 of 125
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PUBLIC HEARINGS:
CALL TO ORDER: Chairman Eslinger called the meeting to order at 7:00 p.m. Schmalz led the Pledge of Allegiance.
Ammon City Council 05.01.2025Page 19 of 125
PUBLIC HEARINGS: Eslinger read a prepared statement explaining the public hearing process and public testimony
procedure. Eslinger opened the public hearing.
Recommendation:
-Staff recommends hearing the applicants request, conducting a public hearing, and make a decision on
the request based on the Comprehensive Plan and Ammon City Code.
Ammon City Council 05.01.2025Page 20 of 125
-Approval to move forward with the amendment to the RP-A zone to allow for Residential Care Facilities
subject to a Conditional Use Permit.
-Applicant: SoCal Empowered LLC
-Represented by James Perraie
Criteria for Decision:
-This request is for a general amendment to Title 10 that would affect all RP-A zoned properties. This
request is not site specific. A recommendation from the Planning and Zoning Commission must consider
of Ammon Comprehensive Plan.
-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.
-10-13-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objectives in establishing the RP-A
Residence Zone are 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.
Summary of Analysis:
1.Idaho Statute 39-3302: "Residential care or assisted living facility" means a facility or residence,
however named, operated on either a profit or nonprofit basis for the purpose of providing necessary
supervision, personal assistance, meals and lodging to three (3) or more adults not related to the
owner.
2.Residential care facilities and assisted living facilities are not permitted in the RP-A zone as shown in 10-
37-1 (A) Commercial District Uses and 10-37-2 (A) Residential District Uses
3.This request is not site specific. An amendment to City Code would affect all RP-A zoned properties.
4.The following chapters of Title X would need to be addressed: Chapter 2 Definitions, Chapter 13 RP-A
Residence Zone, and Chapter 37-1 (A) Commercial District Uses
Residential Care Facility definition would need to be added to Chapter 2 Definitions
Special Provisions could be added to the RP-A Residence Zone to regulate the use
10-37-1 (A) would need to be updated to show Residential Care Facility as permitted with
Conditional Use Permit in the RP-A Zone
5.Residential care facilities are permitted in residential zones R2-A, R-3, R3-A, and RMH and permitted
when approved on a master plan in the Multi Use zone
Notice of Hearing:
-Notice was published in the Post Register on Friday, October 18, 2024
-Notice was mailed to 20 public entities on Friday, October 18, 2024
-No posting of property required
-Public comment: No written testimony was received
Eslinger opened the public hearing.
Applicant - James Perraie, 1786 Castelli Drive, the amendment will allow for a Conditional Use Permit (CUP) to
operate a Residential Care Facility in the RP-A zone. The City of Ammon categorizes the business as a Residential Care
Facility because they will have ten clients and provide meals. Perraie disagrees with this classification. The location is
already permitted to be a Group Home and will not provide skilled nursing. The facility will house individuals with
mental health issues. The Conditional Use Permit will allow the City to evaluate applications on a case-by-case basis.
The facility is protected under the Fair Housing Act. The facility is allowed in other City zones without a CUP. Perraie
Ammon City Council 05.01.2025Page 21 of 125
is applying for the amendment to maintain a working relationship with the City and the neighborhood. This type of
facility is allowed in other residential zones, just not RP-A.
Opposing Testimony:
Clifford Gibbons, 1719 Castelli Drive, residents purchased homes because of how the development was zoned. The
zone should not be changed to appease one person. The facility can be housed in a zone that already allows this use.
Josh Cummings, 1544 47th Street, it is not a good location for treating severe mental health patients. There are other
locations available and it sets a dangerous precedence. Cummings shared his personal experiences working in a
Residential Treatment Facility.
Brendan Kester, 4631 Lady Hawk Lane, reviewed the mental health disorders the facility treats
company website. He expressed safety concerns to the neighborhood and the applicant should have done research
before he purchased the home.
Thomas Hunsaker, 2925 Carolyn Lane, recommends denial because the amendment should include more residential
zones than just RP-A.
Claire Fang, 1445 Castelli Drive, the amendment is not compliant with the neighborhood characteristics listed in the
RP-A zone objective in Title 10. She has safety concerns for existing residents, neighborhood children and students
attending the nearby elementary school from facility clients with violent, criminal or deviant behaviors.
Michael Tall, 2230 Ptarmigan Way, as a dentist has experienced the difficulties of treating patients with mental
difficulties. He has safety concerns for the children in the neighborhood.
Daniel Wyler, 1707 Marsala Court, the amendment will not protect the residents living in RP-A zones.
Christopher Wright, 1834 Castelli Drive, the residents trust the Commission to establish zones to prevent certain
activities. There is no reason to amend the RP-A zone.
Rebuttal:
Perraie, there is fear mongering taking place. The site is already permitted to be a group home for individuals that
have addiction issues or recently released incarcerated individuals.
Group Home verses Residential Care Facility. He is willing to work with the City and neighborhood to address
concerns. The CUP is not above what is already allowed in this location, the only reason he needs City approval is
because of the Residential Care Facility title. He technically can legally already operate the group home but wanted
to be transparent and work harmoniously with the existing neighbors.
Compliance and Recommendation:
-This application is in compliance with Title 10, Chapter 4
-Staff recommends approval of the proposed amendments
Criteria for Decision:
-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. Chapter 2 Definitions
--of-
Ammon City Council 05.01.2025Page 22 of 125
2.Chapter 12 RP Residence Zone
-strengthen statement on allowed density
3.Chapter 17 R-3 Residence Zone
-
-Remove width requirements, addressed in the District Use Matrix
-Add section names for Size of Buildings and Lot Coverage
-Update numbering to reflect the section changes
4.Chapter 18 R3-A Residence Zone
-
-Update Title 10 reference to the correct reference
5.Chapter 29 Subdivision Regulations
-Add Paragraph (E) to Section 7 requiring a master plan be brought before the Planning and Zoning
Commission and the City Council
-
6.Chapter 30 RMH Residential Manufactured Home Zone
-Change requirements for six (6) copies of preliminary plans to pdf (10-30-13 (A))
-
-Change requirements for six (6) copies of preliminary plans to pdf (10-30-22 (A))
7.Chapter 37 District Use Matrix
-
-Adjust requirements in RMH to reflect the written code
-Remove minimum square feet requirements in R-3 and R3-A to reflect the written code
8.Chapter 39 RS Residence Zone
-
-Update format for maximum density to reflect the format in other chapters
Notice of Hearing:
-Notice was published in the Post Register on October 18, 2024
-Notice was mailed to 20 public entities on October 18, 2024
-No sign posting is required
-Public comment: No written testimony was received
Donovan made a clarifying statement regarding the net density calculation, due to questions received from the
public prior to the beginning of the hearing, explaining that net density would reduce the density of a subdivision by
removing the acreage of Rights of Way.
Supporting Testimony:
Kirk Peterson, 3816 Marlene Street, the change will prevent misusing greenspace and right of way to increase
density.
Stephanie Gifford, 4699 Sunnyside Road, defining density by net is a good compromise for residents.
Randon Taylor, 3665 Marlene Street, net is clearer and easy to calculate.
Brendan Kester, 4631 Lady Hawk Lane, net will lower density. He would like the density calculation to not include
parks, churches and schools.
Neutral Testimony:
Michael Tall, 2230 Ptarmigan Way, after clarification of net versus gross, he is in favor of the amendment. He would
like parks, schools, and churches to be removed from density calculation.
Opposing Testimony:
Ammon City Council 05.01.2025Page 23 of 125
Andrew Browning, 2207 Stafford Circle, after clarification of the amendment, he is now in favor of the amendment.
Travis Payne, 4200 Bracken Way, after clarification about the amendments, he is now in favor the amendment.
Eslinger closed the Public H
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CALL FOR ADJOURNMENT: The meeting adjourned at 10:32 p.m.
_______________________________
Bond Eslinger, Chairman
________________________________
Kristina Buchan, City Clerk
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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 05.01.2025Page 31 of 125
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CHAPTER 41
PSC PARKS, SCHOOLS, AND CHURCHES ZONE
SECTION:
10-41-1:GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE:The general
objective of the PSC Parks, Schools, and Churches Zone is to provide the appropriate location
for parks, schools, and churches so that they may be harmonious with the surrounding areas.
In order to accomplish the objectives and purposes of this ordinance and to promote the
essential characteristics of this zone, the following regulations shall apply in the PSC Parks,
Schools, and Churches Zone (see also §10-5 Supplementary Regulations to Zones, §10-7
Special Provisions Applying to Miscellaneous Uses, and §10-37 District Use Matrix).
10-41-2:USE REQUIREMENTS: See 10-37-1 (A) Commercial District Uses Matrix.
(A)Public and semi-public use parks shall be a permitted use and must follow the provisions
as set forth in 10-7-1.
(B)Public and parochial schools shall be approved by the Board of Adjustment as a
conditional use and must follow the provisions as set forth in 10-7-1. Schools are subject
to development agreements as outlined in 10-40.
(C)Churches shall be approved by the Board of Adjustment as a conditional use and must
follow the provisions as set forth in 10-7-6. Churches are subject to development
agreements as outlined in 10-40.
10-41-3:SPECIAL PROVISIONSFOR SCHOOLS AND CHURCHES:
(A)All buildings shall follow the setbacks of the most restrictive surrounding zone to the
parcel. Public and parochial schools may be erected to any height, provided the building
follows the additional height setback requirements in City Code 10-5-7.
(B)A fence shall be installed at the boundary line of property located adjacent to any single-
family residential zone.
(C)No dust, odor, smoke, vibration, or intermittent light, glare, or noise shall be emitted
which is discernible beyond the premises, except for normal movement of automobile
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Ammon City Council 05.01.2025Page 81 of 125
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.
(F)Modular units shall be approved by the Board of Adjustment as a conditional use.
10-41-4:CITY PARK DEDICATION:
(A)Design Review:Allcity park designs shall be submitted for review before submission of
the preliminary plat and approved by the City Parks Director.
(B)Size:Parks dedicated to the City shall not be under 5.0 acres, unless otherwise
approved by the City Council.
a.Park space shall be donated in one contiguous propertyunless otherwise
approved by the City Council.
(C)Equipment:
a.Required for All City Parks:
i.Walking path (minimum of 0.25 miles)
ii.Benches
iii.Drinking fountain
iv.Trashcans
v.Bike rack
vi.Hard surface off-street parking spaces
b.Amenities:Additional improvements may be required by the City on a case by
case basis to ensure that dedicated park spaces are a public benefit to the City.
These improvements may include:
i.Playground equipment
ii.Walking paths
iii.Outdoor shelters with picnic tables
iv.Sport court or field
v.Fenced,off-leash dog area
vi.Restroom facilities
vii.Other recreational equipment or amenities
c.Quality:All equipment shall be commercial grade
(D)Paths and Trails: Connectivity shall be made whenever possible to existing or planned
paths or trails.
a.Pathwaysshall be asphalt and constructed to accessibility standards.
(E)Irrigation:In accordance with Idaho Code 67-6537, surface water is required as the
primary water source for irrigation. Irrigation for all parks shall comply with City Code 8-1
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Ammon City Council 05.01.2025Page 82 of 125
(F)Landscaping:All parks shall be fully landscaped with grass, trees, and other
landscaping items. These requirements are applicable to all parks excluding areas
designated to be nature areas with natural vegetation or with zero water landscaping,as
approved by the Parks Director. All landscaping items shall be drought tolerant, unless
otherwise approved by the Parks Director.
(G)Warranty Period:All infrastructure shall have a two (2) year warranty period.
(H)Other Parks:Parks that do not meet the requirements or are not accepted by the City
shall be owned and maintained by a Home Owners Association, Owners Association, or
other private owner.
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Ammon City Council 05.01.2025Page 83 of 125
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 DistrictUse Matrix).
Page 1of 1REVISED 05062021
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CHAPTER 14A
R1-A
10-14A-1General 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-AResidence Zone is to provide a residential environment within the City
which is characterized by somewhat smaller lot width. Also characteristic of this zone are
residential 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 structure
containing two (2) single-family dwelling units as ordinarily referred to as townhouses and certain
other public facilities which are necessary to promote and maintain stable residential
neighborhoods. This zonedoes not allow density that will exceed four (4.0)dwelling 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 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 in
whole or in part.
(B)Each single-family attached dwelling unit shall have at least one direct pedestrian access
from the interior of the dwelling to the exterior boundaries of the lot and no pedestrian
access may be held in common with another single family dwelling unit.
(C)Except as noted below, a single-family attached dwelling unit shall have no facilities or
property in common with another single-family attached dwelling unit and all dwellings
shall be structurally and functionally independent from each other. All single-family
attached dwelling units shall have separate electrical service, water service lines, and
sanitary sewer service lines. Common facilities or property are allowed for the following:
1.Common party walls constructed in accordance with the International Building
Code or International Residential Code as they may apply.
2.Foundations supporting attached or party walls.
3.Flashing at the termination of the roof covering over any attached walls.
Page 1of 2REVISED 05062021
Ammon City Council 05.01.2025Page 85 of 125
4.Roofs.
5.Vehicular access to a dedicated street for off street parking facilities or detached
garages.
(D)No certificate of occupancy shall be issued for a single-family attached dwelling unitunless
a common facility or party wall agreement or Declaration of Condominium, together with
a separate legal description for each living unit has been filed with the Bonneville County
Recorder's Office and a copy provided to the City of Ammon, for each such dwelling unit
which shares common facilities with another unit. Such agreement shall include a legal
description of the individual dwelling units sharing common facilities and shall allocate
responsibility as and between the owners of such lots for the use, maintenance, and
ownership of all common facilities.
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350 Memorial Drive, Suite 300Jon A. Stenquist
A Professional
Law Corporation
Idaho Falls, Idaho 83402
Attorney at Law
Main 208.522.6700Direct 208.528.5228
Fax 208.522.5111JStenquist@parsonsbehle.com
March 10, 2025
VIACERTIFIEDMAILANDEMAIL
City of AmmonCity Council
Attn:Micah Austin, City Administrator
Kristina Buchan, City Clerk
2135 South Ammon Road
Ammon, Idaho 83406
maustin@cityofammon.us
kbuchan@cityofammon.us
Scott R. Hall
Nelson Hall Parry Tucker, PLLC
490 Memorial Drive
Idaho Falls, ID 83402
srhall@nhptlaw.net
Re:Request to Reconsider February 20, 2025Denial of Bridgewater Property
RezoneApplication
DearAmmon City Council,
This firm represents Caliber Customs, LLC, and we are writing on
behalf of our client to request that the Ammon City Council
1
25, 2025 denialof.
Factual and Procedural Background
As you are aware, last fall, Caliber Customs submitted thecompleted Application for a
rezone of4.467 acres from PSCZone(Parks, Schools, and Churches)to R-1ResidenceZone
(1.484 acres) and R1-AResidenceZone (2.983 acres)for the purpose of developing a parcel of
property that has been vacant for over 15 years into a residential neighborhood comprised of
both single family residences and twin homes.
1
Application, is dated February 20, 2025, the attendant Certificate of Service is dated February 25, 2025, thereby
beginning the clock for a request for reconsideration under I.C. § 67-6535.
Ammon City Council 05.01.2025Page 91 of 125
4924-7762-2566.v2
March 10, 2025
Page Two
Following submittal of the Application, a public hearing (Public Hearing No. 2024-019)
was held before the Ammon City Planning and Zoning Commission. And
following that public hearing, the Commission unanimously recommended the Council approve
the Application.
The Council first considered the Application during its November 21, 2024 City Council
Meeting, wherein the Council reviewed and addressed the staff report prepared for
review. The report provides, in relevant part, that only
further providesommission recommended approval with a unanimous vote of 8-0
.It then describesCompliant with land use policies for infill
development;R1-A zoning exists within the neighborhood; \[and\] Harmonious with the
Comprehensive Plan.
to approve the Application during its November 21, 2024 meeting. However, the Council did not
vote to amend the operative ordinance during that meeting, nor did it adopt findings of fact or
conclusions of law.
At the next City Council meeting on December 5, 2024, as itwas preparing to vote to
amend the zoning ordinance, the Council, despite having voted to approve the Applicationtwo
weeks prior, reopened its deliberations,and several Council members expressed concerns that
the decision to approve the Application was made in erroreven though no appeal of the original
decision had been made by any party.Among other vague references to media reports and self-
conducted site visits, some members of the Councilindicated (without citing any authority)that
thecurrent
approved for the zoning requested in the Application. Other members felt that an additional
public hearing was necessary to conduct more fact gathering and get a fuller pictureof the
.Accordingly, several members of the Council elected tounilaterallyreverse
their earlier votes, and the Council, limited tothree possible decisions (approve, deny, or table),
decided to table its decision on the Application until its next Council meeting, scheduled for
December 12, 2024.
OnDecember 12, 2024, the Council again unilaterally deliberated the Application and,
despite failing to cite legal authority during its deliberations as to why the Application
should be reviewed, let alone be denied, decided that they needed to review the recordings of the
few public comments (that were addressed to the Commission and summarized for Council) for
themselves. And the Application was again, presumably, tabled.
Another City Council meeting was held on December 19, 2024, during which the Council
unilaterally considered the Application once more. During that meeting, the Council members
who voiced opposition to the Application again expressed nebulousconcerns about the rezone
designation. The Council again failed to cite any Ammon City Code ordinance, state statute, or
Ammon City Council 05.01.2025Page 92 of 125
4924-7762-2566.v2
March 10, 2025
Page Three
other binding authority to support its reasoning for believing that the approved Application
should later be denied. It settled on the perplexing decision to hold a de novo public hearing
rather than re-approve or denytheonce-approved Application at that stage.
Consequently, the new unilateral public hearing was scheduled and called before the
Council on January 16, 2025, where the applicant and various members of the public testified in
favor ofand in opposition to the Application. The Council considered these public comments
during its February 6, 2025 meeting, and (once again failing to city any ordinance, statute, or
2
other binding authority) voted to deny the once-approved Application.
In its writtenrendered
February 25, 2025, the Council found the Application not tobe in compliance with the following
conclusoryremarkThis Ammon Comprehensive Plan is
intended to guidedevelopment 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, andtheir neighborhoods.
(Decision, pg. 2). The Decision does not articulate a single reason why the Application fails to
comply with this quoted section of the Comprehensive Plan. It simply states that the Application
is not compliant without any explanation, reasoning, code citation, or rationale whatsoever.
The Decision similarly states that the Application does not comply with the general
objectives of Chapter 13 RP-
noncompliance with the RP-
to R-1 and R-1A), but this supposed noncompliance is also utterly unsupported by any rationale
or authority.
Request for Reconsideration
Under Idaho Code §67-6535, our client is entitled to request reconsideration of the
denying the Application. That statute provides:
The approval or denial of any application required or authorized pursuant to this
chapter shall be in writing and accompaniedby a reasoned statementthat
explains the criteria and standards considered relevant, states the relevant
contested facts relied upon, and explains the rationale for the decision based
on the applicable provisions of the comprehensive plan, relevant ordinance
and statutory provisions, pertinent constitutional principles and factual
information contained in the record.
2
We note that Councilmember Slack moved to approve the Application, but lacking a second, the motion failed.
Following a motion to deny the Application, Councilmember Slack cast the only vote in opposition to the denial.
Ammon City Council 05.01.2025Page 93 of 125
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March 10, 2025
Page Four
(a)Failure to identify the nature of compliance or noncompliance with express
approval standards or failure to explain compliance or noncompliance with
relevant decision criteria shall be grounds for invalidation of an approved permit
or site-specific authorization, or denial of same, on appeal.
I.C. § 67-6535(2) (emphases added).
Weand our client believe that the Councilerred in issuing its Decision, first because the
Decision does§67-
6535(2)(a). The Idaho Supreme Court explained the purpose behind requiring a reasoned
statement in :
The requirement of meaningful administrativefindingsservesimportant
functions, including facilitating judicial review, avoiding judicial usurpation of
administrative functions, assuring more careful administrative consideration,
helping parties plan their cases for rehearing and judicial review and keeping
within their jurisdiction.
151 Idaho 790, 794, 264 P.3d 897, 901 (2011)(quoting
89 Idaho 147, 156, 404 P.2d 859, 863
(1965)).
The Court analyzed and opined onseveral instances where local governing
authorities issued deficient written decisions:
In , the purported findings of
the city council were merely recitations of portions of the record, rather than
determinations of the facts disputed by the parties. 144 Idaho 72, 7778, 156 P.3d
573, 57879 (2007).
This Court found the findingsto be inadequate. In
, the city councils factual findings explained that
are basically conclusions. Nothing ... reveals the underlying facts or policies that
were considered by the Council. The reasons listed ... provide very little insight
, the Court held that a board of county
commissioners' findings and conclusions, supplemented by a staff report that
stated some of the shortcomings for which the application was denied, were
Ammon City Council 05.01.2025Page 94 of 125
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March 10, 2025
Page Five
101 Idaho 407, 40809, 614 P.2d 947, 94849 (1980).
. At the end of the discussion, we provided a summary of what a reasoned
decision must consist of:
These cases demonstrate that
(emphasis added).
, 172 Idaho 607, 535 P.3d 583, 591 (2023).
Neither a review of the written Decision nor a review of the minutes from the various
City Council meetings do anything toclarify the concerns of city council membersor the public
comment, nor does the record present the factual disputes or identify evidence supporting a
factual statement to permit a supported basis for legal conclusions given.The Decision is a
quintessential arbitrary and capricious action taken by a land use authority in violation of I.C. §
67-5279. And itcertainly appears from the record that the Decision was driven more by the
personal animus ofcertain Council members than by any legally supported basis for their
opposition.
Furthermore, Caliber Customs asserts that the Decision is also in error because it is
arbitrary, capricious, andan abuse ofdiscretion. We remind the Council of its
quasi-judicial obligations to afford due process to applicants such as Caliber Customs. When
municipal agencies act in their quasi-
, 867 P.2d
individuals, interests or situations, and are quasi-judicial in nature they are subject to due process
., 148 P.3d 1247, 1256 (Idaho 2006)
(internal quotation marks omitted).
The Council must ensure its decisions are rendered constitutionally, under the appropriate
grant of authority, supported by substantial evidence on the record as a whole, and germane to
our concerns, is not an arbitrary, capricious, or abusive decision. I.C. §67-5279(3).
We are aware that in the numerousdeliberations, several of the City Council members expressed
concerns that in rendering a decision on the Application the Council members should be
advocates for or a voice of their various constituencies. However, during a rezoning application,
Ammon City Council 05.01.2025Page 95 of 125
4924-7762-2566.v2
March 10, 2025
Page Six
the Council is not acting its legislative capacity (under which bias and advocacy may be
warrantedand invoked), but in itsquasi-judicial capacity. As such, the Council must afford
applicants their due process rightsand adjudicate on established law, not on emotion.
Based on the above, please take this correspondence as
officialrequest for reconsideration underIdaho Code §67-6535.
Pursuant to the requirements of the and Idaho Law, please ensure that the
the Applicationis
completed within 60 days of the receipt of this letter.
Thank you for your time and consideration in this matter.
Regards,
PARSONS BEHLE & LATIMER
Jon A. Stenquist
Attorney at Law
JAS:sdh
cc: Caliber Customs
Ammon City Council 05.01.2025Page 96 of 125
4924-7762-2566.v2
Ammon City Council Meeting
May 1, 2025
Mayor Coletti and City Council Members:
Conditional Use Permit for Modular Classrooms at Hillcrest High School
Staff Presenting:
Cindy Donovan Planning Director
Recommendation:
Staff recommends approval of a 5-year extension of the Conditional Use Permit
Compliance:
-Title 10 Chapter 7 Section 6 and Title 10 Chapter 41 Section 3 (F) addresses the requirement for
a Conditional Use Permit for schools and modular classrooms
Criteria for Decision:
-10-7-6: No club, lodge, church, or similar use shall be established until a valid conditional use
permit has first been granted by the Board of Adjustment.
-10-41-3 (F): Modular units shall be approved by the Board of Adjustment as a conditional use.
Summary of Analysis:
1.The modular units are still needed to accommodate the growth within the district in all grade
levels
2.The modular units are used for classrooms. Hillcrest High School currently has one modular unit,
but School District #93 is requesting up to two in case an additional one is needed. There have
been two in the past.
3.No complaints have been received regarding the modular classrooms
Parcel Characteristics
-General Location: north of Sunnyside Road, east of Eagle Drive, south of Owen Street, west of
Carolyn Lane
-School site is 39.54 acres
-Approval of an extension of the Conditional Use Permit for two (2) Modular Classroom Units at
Hillcrest High School
-Presented by Don Trauntvein, Bonneville Joint School District 93
Planning and Zoning Commission:
-Public Hearing #2025-007 was held before the Commission on April 2, 2025
-Testimony: Applicant explained request and 1 person testified in favor
-Commission recommended approval with a unanimous vote of 9-0
-Reasoned Statement:
-The space is needed for education purposes
-Hillcrest High School has substantial growth planned within its boundary
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 05.01.2025Page 97 of 125
-Two modulars is a reasonable request for the property
Notice of Hearing
-Notice was published in the Post Register on Friday, March 14, 2025
-Notice was mailed to 60 property owners and 20 public entities on Friday, March 14, 2025
-Property was posted on Wednesday, March 19, 2025
-Public comment: No written testimony was received
Motion
Approve
I move to approve the Conditional Use Permit for two (2) modular classrooms at Hillcrest High
School for a period of 5 years, finding it meets state standards for approval, has been noticed
properly, and meets the needs of the community.
Deny
I move to deny the Conditional Use Permit for the placement of two (2) modular classroom units
at the Hillcrest High School for a period of 5 years.
Continue
I move to continue the Conditional Use Permit application until additional information can be
obtained.
Attachments:
1.Vicinity Map
2.Placement Location Map
3.Planning and Zoning Commission Public Hearing #2025-007 Reasoned Statement
4.Title 10 Chapter 7
5.Title 10 Chapter 41
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
Ammon City Council 05.01.2025Page 98 of 125
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PRINCESS DR
CENTRAL AV
SABIN DR
MIDWAY AV
WESTERN AV
AVOCET DR
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05.01.2025
Council
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Ammon City Council 05.01.2025Page 100 of 125
Ammon City Council 05.01.2025Page 101 of 125
CHAPTER 7
SPECIAL PROVISIONS APPLYING TO
MISCELLANEOUS USES
SECTION:
10-7-1:PUBLIC AND SEMI-PUBLIC PARKS, ANDPLAYGROUNDS:
(A)The intent of this provision:
1.To foster the appropriate location and layout of public parks and
playgrounds.
2.To harmonize the various features and facilities of parks and playgrounds
with the surrounding area, so as to produce sound, stable residential
neighborhoods.
3.To foster a co-ordination of public recreational facilities on the part of the
City, and other public and semi-public agencies.
(B)Approvals NecessaryPlans. Before construction of a public or semi-public park, or
playground, shall beapproved, the overall plan of said park, or playground shall be
prepared and submitted to the Planning Director, The Planning Director shall provide
a copy of the proposed park or playground to the Parks Director or their designee.
The Parks Director shall review the proposed plan and make recommendations
regarding the sprinkler system and landscaping, including trees and any playground
equipment that may be proposed. All proposed parks that shall become maintained
by the Parks Department shall meet all the criteria and requirements for installations
of sprinklers and landscaping of the Parks Director and policies of the City of Ammon.
All submissionsfor approval of a park layout shall be accompanied by plans showing
the general layout and location of roadways, entrances and exits, walks, paths and
Page 1of 5SPECIAL PROVISIONSREVISED 05-18-2023
Ammon City Council 05.01.2025Page 102 of 125
buildings and structures; the general layout and location of landscaped areas, play
area,play apparatus area, hard-surfaced areas, off-street parking, drainage, water
supply, sewerage and other features of design.
(C)Standards and Requirements.
1.Trees, shrubs, grass and other forms of landscaping shall be provided in sufficient
quantities to insure a park-like appearance.
2.Facilities involving lights shall be so located, and the lights shall be designed and
located so that glare and discomfort will not be unreasonably detrimental to
surrounding residences.
3.Off-street parking areas and other facilities which attract or are intended to
accommodate spectators shall be screened or located so that the detrimental
effects of noise and traffic on any surrounding residential area will be kept to a
minimum.
4.The entire layout and design of the park and playground shall be so arranged as
to harmonize with the objectives and characteristics of the zone in which the park
and playground are located.
5.Adequate ingress and egress shall be provided for both vehicles and pedestrians
which the park, playground or school is intended to serve.
10-7-2:GASOLINE PUMPS: Gasoline pumps shall be set back not less than twenty (20)
feet from any street line to which the pump island is at right angles, and fourteen (14) feet from
any street line to which the pump island is parallel, and not less than twelve (12) feet from any
residential zone boundary line. If the pump island is set on an angle on the property withrespect
to the street, it shall be so located that automobiles stopping for service will not extend over the
property line. In no case shall gasoline pumps be set closer than fourteen (14) feet from any
street line.
Canopies, when supported by a column, may be located within the setback but not closer
to a street than fourteen (14) feet. Projection within fourteen (14) feet from a street shall be
deemed to be a marquee.
10-7-3:REPEALED
10-7-4:ACCESSORY BUILDINGS: The location and use of accessory buildings shall be
governed by the following regulations:
(A)Attachments to main buildings restricted.
1.An accessory building which encroaches on any part of a required yard or open space
shall not be attached to any main building.
2.An accessory building which conforms to all of the yard and open space
requirements established for a main building may be attached to a main building,
Page 2of 5SPECIAL PROVISIONSREVISED 05-18-2023
Ammon City Council 05.01.2025Page 103 of 125
provided such attachment is by means of a foundation wall or roof conforming to all
provisions of the building code.
3.Where an accessory building is attached to a main building, it shall be considered as
part of the main building, and its use and location shall be governed by the
requirements of this ordinance applicable to main buildings.
(B)Detached accessory buildings over 200 square feet shall require the following:
1.A building permit acquired from the City Building Department
2.All utilities must connect to the main house on property
3.All snow/water that falls from the roof must remain on the property,and cannot fall
or sidewalks
4.Only thirty (30) percent of the backyard may contain covered structures
5.Must use the same access to the street as the main house, with a maximum width
of thirty (30) feet
6.No additional address will be assigned to an accessory building
7.Buildings placed twelve (12) feet or more behind the house may be placed a
minimum of three (3) feet from the property line. This measurement may vary with
height of building and roofing materials to ensure all snow/water remain on the
property
8.Buildingsplaced less than twelve (12) feet behind the house must maintain the
required setback for the zone
9.All buildings must be at least three (3) feet from any current structure or proper
firewalls shall be installed
10-7-5:CEMETERIES, MAUSOLEUMS, AND COLUMBARIA: No cemetery, mausoleum,
or columbarium shall be established or enlarged until a valid conditional use permit has first been
granted by the Board of Adjustment. The Board of Adjustment may require that the application
for said conditional use permit include maps, names and addresses, etc., for an area within a
radius of two thousand (2,000) feet of the exterior boundaries of the cemetery, and such other
information as it deems necessary. Said required information shall include proof of compliance
with State law dealing with development and maintenance of cemeteries.
The Board may also require an additional filing fee based on an estimate of the cost
involved in processing said application.
10-7-6:CLUBS, LODGES, CHURCHES, AND SIMILAR BUILDINGS: No club, lodge,
church, or similar use shall be established until a valid conditional use permit has first been
granted by the Board of Adjustment. Premises used for the meeting place and relatedfacilities
of any club, lodge, fraternal order or similar organization shall comply with the following
regulations:
(A)Where such uses are located in or adjoining a residential zone, all buildings, except
accessory buildings, shall be located not less than twenty (20) feet from any side or
rear lot line adjoining such residential zone.
(B)If such uses are located in a zone which does not permit commercial uses, there shall
be no external evidence of any commercial activity. Any retail sales on the premises
Page 3of 5SPECIAL PROVISIONSREVISED 05-18-2023
Ammon City Council 05.01.2025Page 104 of 125
shall be for members or guests only and shall be carried on as an activity which is
minor and incidental to the major function of the organization.
(C)In the opinion of the Board of Adjustment, preferably after consultation with the
Planning Commission, traffic safety, with respect to exits and entrances, shall be fully
maintained.
10-7-7:MORTUARIES, CREMATORY AND FUNERAL HOMES: A conditional use permit
shall be required for the establishment or enlargement of a mortuary, crematory or funeral home
as required by Chapter 18 of this Code. In establishing the requirements for such uses, the Board
of Adjustment shall consider, among other criteria, the following:
(A)Whenever possible, such uses shall be located on a major street.
(B)Such uses should be located as to not inhibit or deter proper development of nearby
properties.
(C)The site should be of ample size to allow for the makeup of funeral processions, as
well as to provide the required off-street parking and loading facilities and landscaping.
(D)The design of vehicular access to and from the site should conform to accepted traffic
engineering practices so as to minimize traffic congestion on the adjoining streets.
10-7-8:PUBLIC UTILITY AND FACILITIES: This section applies only to non-governmental
public utilities and facilities. Power substations, sewer lift stations, water pumping plants, and
similar public facilities shall be permitted in any zone in Ammon; provided, however, that a
Conditional Use Permit shall be issued therefore, after a public hearing is held thereon by the City
Council after such notice as the Council shall order. Reasonable development standards may be
imposed which are necessary to carry out the objectives and characteristicsof the zone in which
the facilities are located, as follows:
(A)Theactivity to be carried on must not generate an amount of vehicular traffic that will
be detrimental to values in surrounding area.
(B)Lights which may be used must be directed away from surrounding residential area.
(C)In the opinion of the City Council, the development will be in harmony with the
objectives of the zoning ordinance and with the characteristics of the zone in which
the development is located.
10-7-9:CIRCUSES AND CARNIVALS: A circus or carnival may be permitted on a
temporary basis in any zone, but only after a valid conditional use permit hasfirst been issued by
the City Council.
10-7-10:FENCES: No fence, wall, hedge, or other sight obscuring object or structure which
is more than three (3) feet in height shall be constructed or allowed to exist above said height
within fifteen (15) feet of any front lot line along any street. This section shall not be construed to
permit any structure, shrub, hedge or sight obscuring object to exist in violation of Section 10-5-8
of this ordinance.
Page 4of 5SPECIAL PROVISIONSREVISED 05-18-2023
Ammon City Council 05.01.2025Page 105 of 125
10-7-11:HOSPITALS: Hospitals may be permitted in any zone, but only after a valid
Conditional Use Permit has first been issued by the City Council.
10-7-12:CORNER LOT SETBACKS: Corner lot setbacks shall comply with the
requirements of Section 10-5-8 which relates to the clear view of intersecting streets and ways,
and Section 10-5-19 which relates to the exceptions to front and side yard setback requirements.
In addition, setback requirements for accessory buildings from internal lot lines of corner
lots shall be the same as the setback requirements for the adjacent lots which share the common
interior lot line or as required for similar lots within the same zone.
10-7-13MODEL HOMES:Model homes may be allowed in any residential zoneunder
the following conditions:
(A)One (1) to five (5) model homes are permitted in any currently under development
subdivision containing a minimum of twenty (20) buildable lots at the time of
opening of the model homes. These allowed model homes shall not contain an
office that operates more than twenty-four (24) hours per week or
(B)A model home with an office that operates in excess of twenty-four (24) hours per
week may be allowed after granting of a conditional use permit, which has been
approved following the procedures in the City Code regarding conditional use
permits or
(C)More than five (5) model homes may be allowed in a subdivision under
development after a granting of a conditional use permit, which have been approved
following the procedures in the City Code regarding conditional use permits or
(D)A model home may be allowed in any subdivision after a granting of a conditional
use permit, which has been approved following the procedures in the City Code
regarding conditional use permits.
Page 5of 5SPECIAL PROVISIONSREVISED 05-18-2023
Ammon City Council 05.01.2025Page 106 of 125
CHAPTER 41
PSC PARKS, SCHOOLS, AND CHURCHES ZONE
SECTION:
10-41-1:GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE:The general
objective of the PSC Parks, Schools, and Churches Zone is to provide the appropriate location
for parks, schools, and churches so that they may be harmonious with the surrounding areas.
In order to accomplish the objectives and purposes of this ordinance and to promote the
essential characteristics of this zone, the following regulations shall apply in the PSC Parks,
Schools, and Churches Zone (see also §10-5 Supplementary Regulations to Zones, §10-7
Special Provisions Applying to Miscellaneous Uses, and §10-37 District Use Matrix).
10-41-2:USE REQUIREMENTS: See 10-37-1 (A) Commercial District Uses Matrix.
(A)Public and semi-public use parks shall be a permitted use and must follow the provisions
as set forth in 10-7-1.
(B)Public and parochial schools shall be approved by the Board of Adjustment as a
conditional use and must follow the provisions as set forth in 10-7-1. Schools are subject
to development agreements as outlined in 10-40.
(C)Churches shall be approved by the Board of Adjustment as a conditional use and must
follow the provisions as set forth in 10-7-6. Churches are subject to development
agreements as outlined in 10-40.
10-41-3:SPECIAL PROVISIONSFOR SCHOOLS AND CHURCHES:
(A)All buildings shall follow the setbacks of the most restrictive surrounding zone to the
parcel. Public and parochial schools may be erected to any height, provided the building
follows the additional height setback requirements in City Code 10-5-7.
(B)A fence shall be installed at the boundary line of property located adjacent to any single-
family residential zone.
(C)No dust, odor, smoke, vibration, or intermittent light, glare, or noise shall be emitted
which is discernible beyond the premises, except for normal movement of automobile
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Ammon City Council 05.01.2025Page 107 of 125
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.
(F)Modular units shall be approved by the Board of Adjustment as a conditional use.
10-41-4:CITY PARK DEDICATION:
(A)Design Review:Allcity park designs shall be submitted for review before submission of
the preliminary plat and approved by the City Parks Director.
(B)Size:Parks dedicated to the City shall not be under 5.0 acres, unless otherwise
approved by the City Council.
a.Park space shall be donated in one contiguous propertyunless otherwise
approved by the City Council.
(C)Equipment:
a.Required for All City Parks:
i.Walking path (minimum of 0.25 miles)
ii.Benches
iii.Drinking fountain
iv.Trashcans
v.Bike rack
vi.Hard surface off-street parking spaces
b.Amenities:Additional improvements may be required by the City on a case by
case basis to ensure that dedicated park spaces are a public benefit to the City.
These improvements may include:
i.Playground equipment
ii.Walking paths
iii.Outdoor shelters with picnic tables
iv.Sport court or field
v.Fenced,off-leash dog area
vi.Restroom facilities
vii.Other recreational equipment or amenities
c.Quality:All equipment shall be commercial grade
(D)Paths and Trails: Connectivity shall be made whenever possible to existing or planned
paths or trails.
a.Pathwaysshall be asphalt and constructed to accessibility standards.
(E)Irrigation:In accordance with Idaho Code 67-6537, surface water is required as the
primary water source for irrigation. Irrigation for all parks shall comply with City Code 8-1
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Ammon City Council 05.01.2025Page 108 of 125
(F)Landscaping:All parks shall be fully landscaped with grass, trees, and other
landscaping items. These requirements are applicable to all parks excluding areas
designated to be nature areas with natural vegetation or with zero water landscaping,as
approved by the Parks Director. All landscaping items shall be drought tolerant, unless
otherwise approved by the Parks Director.
(G)Warranty Period:All infrastructure shall have a two (2) year warranty period.
(H)Other Parks:Parks that do not meet the requirements or are not accepted by the City
shall be owned and maintained by a Home Owners Association, Owners Association, or
other private owner.
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Ammon City Council 05.01.2025Page 109 of 125
Ammon City Council Meeting
May 1, 2025
Mayor Coletti and City Council Members:
Conditional Use Permit for Modular Classrooms at Rimrock Elementary School
Staff Presenting:
Cindy Donovan Planning Director
Recommendation
Staff recommends approval of a 5-year extension of the Conditional Use Permit
Compliance
1.Title 10 Chapter 7 Section 6 and Title 10 Chapter 41 Section 3 (F) addresses the requirement for
a Conditional Use Permit for schools and modular classrooms
Criteria for Decision
-10-7-6: No club, lodge, church, or similar use shall be established until a valid conditional use
permit has first been granted by the Board of Adjustment.
-10-41-3 (F): Modular units shall be approved by the Board of Adjustment as a conditional use.
Summary of Analysis
1.The modular units are still needed to accommodate the growth within the district in all grade
levels
2.The modular units are used for classrooms. Rimrock Elementary School currently has one
modular unit, but School District #93 is requesting up to two in case an additional one is needed.
3.No complaints have been received regarding the modular classrooms
Parcel Characteristics
st
-General Location: north of Brennan Bend, east of S 45th East (Crowley Road), south of East 21
South, west of Stafford Drive
-School site is 10.505 acres
-Approval of an extension of the Conditional Use Permit for Modular Classroom Units at Rimrock
Elementary School
-Presented by Don Trauntvein, Bonneville Joint School District 93
Planning and Zoning Commission:
-Public Hearing #2025-008 was held before the Commission on April 2, 2025
-Testimony: Applicant explained request, no other testimony was provided
-Commission recommended approval with a unanimous vote of 9-0
-Reasoned Statement:
-The space is needed for education purposes
-Rimrock Elementary is experiencing substantial growth within its boundary
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 05.01.2025Page 110 of 125
-Two modulars is a reasonable request for the property
Notice of Hearing
-Notice was published in the Post Register on Friday, March 14, 2025
-Notice was mailed to 15 property owners and 20 public entities on Friday, March 14, 2025
-Property was posted on Wednesday, March 19, 2025
-Public comment: No written testimony was received
Motion
Approve
I move to approve the Conditional Use Permit for two (2) modular classrooms at Rimrock
Elementary School for a period of 5 years, finding it meets state standards for approval, has
been noticed properly, and meets the needs of the community.
Deny
I move to deny the Conditional Use Permit for the placement of two (2) modular classroom units
at the Rimrock Elementary School for a period of 5 years.
Continue
I move to continue the Conditional Use Permit application until additional information can be
obtained.
Attachments:
1.Vicinity Map
2.Placement Location Map
3.Planning and Zoning Commission Public Hearing #2025-008 Reasoned Statement
4.Title 10 Chapter 7 attached with Hillcrest High School staff report
5.Title 10 Chapter 41 attached with Hillcrest High School staff report
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
Ammon City Council 05.01.2025Page 111 of 125
North
Ammon City Council 05.01.2025Page 113 of 125
Ammon City Council 05.01.2025Page 114 of 125
Ammon City Council Meeting
May 1, 2025
Mayor Coletti and City Council Members:
Conditional Use Permit for Modular Classrooms at Woodland Hills Elementary School
Staff Presenting:
Cindy Donovan Planning Director
Recommendation
Staff recommends approval of a 5-year extension of the Conditional Use Permit
Compliance
1.Title 10 Chapter 7 Section 6 and Title 10 Chapter 41 Section 3 (F) addresses the requirement for
a Conditional Use Permit for schools and modular classrooms
Criteria for Decision
-10-7-6: No club, lodge, church, or similar use shall be established until a valid conditional use
permit has first been granted by the Board of Adjustment.
-10-41-3 (F): Modular units shall be approved by the Board of Adjustment as a conditional use.
Summary of Analysis
1.The modular units are still needed to accommodate the growth within the district in all grade
levels
2.The modular units are used for classrooms. Woodland Hills Elementary School currently has two
modular units, but School District #93 is requesting up to three in case an additional one is
needed. There have been three in the past.
3.No complaints have been received regarding the modular classrooms
Parcel Characteristics
-General Location: north of 49th South (Township Road), east of 35th East (Ammon Road), south
of Sunnyside Road, west of 45th East (Crowley Road)
-School site is 19.496 acres
-Approval of an extension of the Conditional Use Permit for three (3) Modular Classroom Units at
Woodland Hills Elementary School
-Presented by Don Trauntvein, Bonneville Joint School District 93
Planning and Zoning Commission:
-Public Hearing #2025-009 was held before the Commission on April 2, 2025
-Testimony: Applicant explained request, no additional testimony was provided
-Commission recommended approval with a unanimous vote of 9-0
-Reasoned Statement:
-The space is needed for education purposes
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 05.01.2025Page 115 of 125
-Woodland Hills Elementary has substantial growth planned within its boundary
-Three modulars is a reasonable request for the property
Notice of Hearing
-Notice was published in the Post Register on Friday, March 14, 2025
-Notice was mailed to 11 property owners and 20 public entities on Friday, March 14, 2025
-Property was posted on Wednesday, March 19, 2025
-Public comment: No written testimony was received
Motion
Approve
I move to approve the Conditional Use Permit for three (3) modular classrooms at Woodland
Hills Elementary School for a period of 5 years, finding it meets state standards for approval, has
been noticed properly, and meets the needs of the community.
Deny
I move to deny the Conditional Use Permit for the placement of three (3) modular classroom
units at the Woodland Hills Elementary School for a period of 5 years.
Continue
I move to continue the Conditional Use Permit application until additional information can be
obtained.
Attachments:
1.Vicinity Map
2.Placement Location Map
3.Planning and Zoning Commission Public Hearing #2025-009 Reasoned Statement
4.Title 10 Chapter 7 attached with Hillcrest High School staff report
5.Title 10 Chapter 41 attached with Hillcrest High School staff report
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
Ammon City Council 05.01.2025Page 116 of 125
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Ammon City Council 05.01.2025Page 117 of 125
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Ammon City Council 05.01.2025Page 118 of 125
Ammon City Council 05.01.2025Page 119 of 125
Ammon City Council
May 1, 2025
Mayor and City Councilmembers:
Destruction of Records Resolution 2025-005
Staff Presenting:
Kristina Buchan, City Clerk
Recommendation
-Staff recommends adopting Resolution 2025-005 Authorizing the Destruction of Records
Summary of Analysis
1.Idaho Code 50-907 requires the City Council to authorize destruction of records that are not
required to be retained as permanent records and that have met the minimum retention period
quired by law or for city
business
2.All records being proposed have met or exceeded their statutory retention requirements
3.A full audit of records was completed in 2024 and destruction of these records will put the City
back on a solid timeline
Financial Impact
-Cost of destruction will be paid out of the Clerks budget
Motion
Resolution 2025-005 Authorizing the Destruction of Records
Attachments:
1.Resolution 2025-005
2.List of Records to be destroyed
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 05.01.2025Page 120 of 125
City of Ammon
Resolution Authorizing Destruction of Records
Resolution No. 2025-005R
WHEREAS, Idaho Code 50-907 requires the City Council to authorize destruction of records that are not
required to be retained as permanent records and that have met the minimum retention period
quired by law or for city business;
and,
WHEREAS, the City Clerk has proposed for destruction certain records that have exceeded their
minimum retention; and,
WHEREAS, approval for the destruction of the below listed records has been obtained from the Idaho
State Historical Society, when required, and the City Attorney, as provided by Idaho Code 50-907.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Ammon, Idaho that the
records listed in Exhibit A, attached hereto, shall be destroyed under the direction and supervision of
the City Clerk.
The administrative staff of the City is authorized to take all necessary steps to carry out the
authorization provided by this Resolution.
st
Adopted This 1 Day of May, 2025 by the Mayor and City Council
City of Ammon
___________________________________
MAYOR
ATTEST:
___________________________________
CITY CLERK
Ammon City Council 05.01.2025Page 121 of 125
EXHIBIT A
Box Destruction
Contents
Number Date
HR Docs
399 2018
Payroll Reports
Finance/HR Docs
941 Qtr Reports/Tax Payments, State Withholdings, Drug Testing Reports, Suta Reports, State Insurance
Fund, Persi, Aflac, Iii-A, HRa Reimbursements, Ammon Days, Bankruptcy Notices, Bonneville County
412 2020
Payments, Rmp Franchise Fees, Cable One Franchise Fees, Intermountain Gas Franchise Fees, Misc
Reports, Sportsmans Adjustments, State of Idaho Sales Tax, Annexation New Construction, Insurance
Notes, Street Reports, Dbf, Lgip, Key Bank Statements, Moreton Statements, Zions Bank Statements
Finance/HR Docs
426 2022
Job Applications, Audit Notes, Banking Rfp, Budget, Sams Club Credit Card, Galusha, Higgins & Galusha
Statements
Finance/HR Docs
941 Qtr Reports/Tax Payments, State Withholdings, Drug Testing Reports, Regence, Aflac, Willamette
425 2022
Dental, Lifemap, Persi, HRa Reimbursements, Bankruptcy Files, Bonn. County Warrant Payments, Snack
Shack, Sportsmans Adjustments, State Street Reports, State Liquor Reports, Unclaimed Property,
Citizens Community Bank Statements
Finance/HR Docs
Animal Licenses, Lmctc
Reports/Tax Payments, Drug Testing, Regence, Willamette Dental, Bike Month, Bonn. County Warrant
501 2023
Payments, Rmp Franchise Fees, Cable One Franchise Fees, Intermountain Gas Franchise Fees, Gi Jog,
Icctfoa, Budget Hearing, Lighting District Reports, Myac, Snack Shack, Sportsmans Adjustments, State
Street Reports, State Liquor Reports, Key Bank Statements, Moreton Statements
Finance/HR Docs
941 Qtr Reports/Tax Payments, State Withholdings, Drug Testing Reports, Regence, Aflac, Willamette
427 2021
Dental, Lifemap, Persi, HRa Reimbursements, Bankruptcy Files, Bonn. County Warrant Payments, Snack
Shack, Sportsmans Adjustments, State Street Reports, State Liquor Reports, Unclaimed Property, 1094
1095-B Forms
Finance Docs
391 2018
New Account Apps, Terminated Customers, Intellipay Reports, Meter Read List
Finance Docs
398 2018
Accounts Payable Reports, Collections Reports
Ammon City Council 05.01.2025Page 122 of 125
Finance/HR Docs
423 2023
Citizens Bank Statements, Dbf Statements, Lgip Statements, Key Bank Statements, Moreton
Statements, Job Applications, Budgets
Finance Docs
408 2019
Ammon Days Info, Deposits, False Alarm Records, Returned Checks, Collections Reports
HR Docs
413 2021
Terminated Employee Files
HR Docs
422 2022
Payroll Reports
HR Docs
424 2023
Payroll Reports
Finance Docs
421 2021
Banking Info
HR Docs
407 2019
Payroll Reports
Finance Docs
401 2018
Financial Reports, Trial Balances, Journal Entries, Check Registers
HR Docs
403 2018
Terminated Employee Files
HR Docs
414 2021
Terminated Employee Files
HR Docs
416 2020
Payroll Reports
Licensing
405 2019
Animal Licenses
Finance/HR Docs
941 Qtr Reports/Tax Payments, State Withholdings, Drug Testing Reports, Suta Reports, State Insurance
406 2019
Fund, DOL, Persi, Aflac, Iii-A, HRA Reimbursements, Ammon Days, Bonn. County Assessments,
Bankruptcy Notices, Lwfc Grant Application (Not Received), Fire Assist, Franchise Fees, Canopy
Assessment, Sportsmans Adjustments, Sales Tax Reports, Job Applications
Ammon City Council 05.01.2025Page 123 of 125
Finance Docs
Bonn. County Payments, Franchise Fee Reports, Bankruptcy Notices, Sportsmans Adjustments, Sales
402 2018
Tax, Dbf Statements, Key Bank Statements, Morgan Stanley Statements, Lgip Statements, Zions Bank
Statements
Finance Docs
410 2019
Trial Balance, Journal Entries, Financial Reports, Banks Statements, Ld Bank Statements, Warrant
Payments
HR Docs
370 2022
Terminated Employee Files
Finance Docs
372 2017
Utility Accounts
Finance Docs
428 2023
Ccb Check Register, Trial Balances, Journal Entries, Fuel Use Reports, Ld Payables, Collections Reports
Finance/HR Docs
379 2018
Employment Apps, Iii-A, Ammon Days, Audit Notes, Budget Documents
Finance/HR Docs
409 2018
Financial Reports, Trial Balance, Journal Entries, Payroll Reports
Finance Docs
411 2020
Check Registers, Check Stubs
Finance Docs
390 2018
Payment Registers, Sportmans Transactions, Additional Garbage Can Requests, Surrendered Cans, New
Grass Watering Permits, Family Swim Passes, Parks Equipment Contracts, Line Locate Requests
Finance Docs
371 2017
Credit Card Payment Receipts, Service Orders
HR Docs
415 2021
Terminated Employee Files
Finance Docs
418 2020
Sportsmans Receipts, Intellipay Processing Reports, Customer Requests, New Utility Accounts, Key Bank
Deposits Books
Finance/HR Docs
417 2020
Key Bank Statements, W2/W3, Job Applications, Iii-A, Regence Reports, Delta Dental Contracts, Altius
Contracts, Budget and Audit Notes
Ammon City Council 05.01.2025Page 124 of 125
HR Docs
365 2022
Terminated Employee Files
Finance Docs
Sportsmans Adjustments, Bank Statements, Payroll Reporting, Employee Benefits, Bonn. County
364 2016
Payments, Ld Warrant Payments, Meter Reads, Ibsd Flow Charges, Misc. Payments, Recreation, Sales
Tax Reporting, Water Rights Purchase Receipt Copies
Finance Docs
343 2019
Monthly Budget Reports, Year End Closeouts, Check Registers, Trial Balance, Journal Entries
Fire Department Records
No
2018
Number
Run Reports, Burn Permits
Ammon City Council 05.01.2025Page 125 of 125