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02.05.2026 City Council Packet AMMON CITY COUNCIL MEETING February 05, 2026 - 6:00 pm Ammon City Hall 2135 S Ammon Road, Ammon, ID 83406 PUBLIC COMMENT AGENDA CALL TO ORDER: - Mayor Brian Powell at 6:00 p.m. - Pledge of Allegiance – Council Member Wheeler - Prayer – Council Member Oswald CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: January 22, 2026 – Regular Meetings - Page 2 PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) ACTION ITEMS: 1. Kartchner Future Land Use Map Amendment - (Cindy Donovan, City Planner) - Page 6 2. Kartchner Rezone from C-1 and R3-A to R2-A - (Cindy Donovan, City Planner) - Page 25 3. Curlew Bend Development Agreement Amendment - (Cindy Donovan, City Planner) - Page 43 4. Consideration of Resolution 2026-003-Declare Surplus - (Micah Austin, City Administrator) - Page 63 5. Consideration of Vehicle Maintenance Service Contract with Wally’s Auto Repair- (Joanna Dahm, City Clerk & Tony Black, Streets/Sanitation Division Director) - Page 67 DISCUSSION ITEMS: 1. Title 10 Chapter 29 Master Plan language amendment 2. Miscellaneous ADJOURN The following guidelines for public comment have been adopted: 1. Before an individual may be heard, the Mayor, Council President, or Commission Chair must recognize them. 2. Individuals recognized for comment shall provide their name and address for the record. Individuals must utilize the podium at the front of the room and not speak from their seat. 3. Individuals must direct comments to the Commission or Council, not other individuals within the room. Individuals must limit comments to three (3) minutes or less. 4. Individuals must avoid repetitious comments or ideas that have already been presented. 5. All comments shall be made courteously, respectfully, and civilly. Inflammatory, disrespectful, degrading statements, heckling, applause, or obscene or indecent language will not be tolerated. Individuals that violate these guidelines may be asked to leave the meeting. UPCOMING - February 12, 2026, Work Session - February 19, 2026, City Council - March 05, 2026, City Council ACCESS TO MEETINGS MEETINGS WILL BE AVAILABLE VIA ZOOM: - http://zoom.cityofammon.us/ - Meeting ID: 208 612 4000 - Passcode: 26666 INDIVIDUALS NEEDING ACCOMMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE Next Resolution Number: 2026-004; Next Ordinance Number: 745 Ammon City Council February 05, 2026 Page 1 of 74 AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 22, 2026 – 6:00 P.M. 2135 SOUTH AMMON ROAD AGENDA AMENDED CALL TO ORDER: - Mayor Brian Powell at 6:00 p.m. - Pledge of Allegiance – Council Member Hamberlin - Prayer – Council Member Wheeler CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: January 08 and 15, 2026 – Regular Meetings AMMON LIGHTING DISTRICT BOARD 1. Accounts Payable: Exhibit A ACTION ITEMS: 1. Caliber Heights Final Plat - (Cindy Donovan, City Planner) 2. Wastewater Plan Study - Keller Contract (Water & Wastewater Division Director, Nathan Riblett) DISCUSSION ITEMS: 1. Media Release/Communication Flow 2. Miscellaneous ADJOURN MINUTES City Officials Present: Mayor Brian Powell Council President Scott Wessel Councilmember Nolan Wheeler Councilmember Kris Oswald Councilmember Heidi Boyle Councilmember Jeff Fullmer City Attorney Scott Hall City Administrator Micah Austin (via zoom) City Clerk Joanna Dahm City Planner Cindy Donovan City Engineer Morgan Stewart Water/Wastewater Division Director Nathan Riblett City Officials Absent: Councilmember Sid Hamberlin CALL TO ORDER: Mayor Brian Powell called the meeting to order at 6:00 p.m. Council Member Wessel led the pledge of allegiance and Council Member Wheeler gave a prayer. Ammon City Council Regular Meeting 01.22.2026 Page 1 of 4 Ammon City Council February 05, 2026 Page 2 of 74 It was moved by Council Member Oswald and seconded by Council Member Wessel to Amend the agenda to include approval of the lighting district invoices for payment Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes unanimously with vote by roll call. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: January 8 and 15, 2026 – Regular Meetings It was moved by Council Member Boyle and seconded by Council Member Fullmer to approve the Consent Agenda Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes unanimously with vote by roll call. It was moved by Council Member Boyle to move out of the Ammon City Council and into lighting District Board, it was seconded by Council Member Wheeler. Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes unanimously with vote by roll call. Lighting District 1. Accounts Payable: Exhibit A It was moved by Council Member Fullmer and seconded by Council Member Boyle to approve the Consent Agenda for the Lighting District Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes unanimously with vote by roll call. It was moved by Council Member Fuller to move out of the Lighting District and back into the regular City Council meeting, it was seconded by Council Member Boyle. Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes unanimously with vote by roll call. Public Comment Glenn Roth 3400 Sparrow Hawk Ammon, ID Asking for the Council to place a Bond question for Ammon voters in the May election ballot for a new City of Ammon community swimming pool. Mr. Roth stated a swimming pool is a vital community asset. Mr. Roth presented statistics for drowning and how learning to swim is so important, he also stated it is a hub for community health and fitness. Community members have been working with the council over the last 6 years. He stated there was a Feasibility study that was completed pretty recently. City Attorney Scott Hall stated the more entities involved the easier to absorb the costs for all parties. Mayor Powell did assure Mr. Roth that there are still discussions going on, it has not been forgotten. He has had conversations with some individuals about donations, there is still traction. It needs to be decided on if the community wants an indoor or an outdoor pool. Ammon City Council Regular Meeting 01.22.2026 Page 2 of 4 Ammon City Council February 05, 2026 Page 3 of 74 ACTION ITEMS: 1. Caliber Heights Final Plat - (Cindy Donovan, City Planner) It was moved by Council Member Wessel and seconded by Council Member Oswald to approve the Caliber Heights Final Plat Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes unanimously with vote by roll call. 2. Wastewater Facility Plan Study - Keller Contract (Water & Wastewater Division Director, Nathan Riblett) Water & Wastewater Division Director, Nathan Riblett came before City Council to let them know he did go back and look at this year’s budget and he does not have it in his budget for this year and is unable to move money from other areas to cover the cost. Keller is willing to delay the start date until October 1, 2026 in order to budget in this next fiscal year. Keller will also honor the pricing and lock in the price so there will be no price increases, normally they increase every six years. Nathan again expressed the importance of the study to lead into the upcoming Fee Study. City Council did ask Nathan to speak with Jennifer Bellfield to see if there is the possibility of opening the budget to have the ability to start the project early. Nathan stated he will speak with Jennifer. It was moved by Council Member Fullmer and seconded by Council Member Wessl to direct the Mayor to sign the Wastewater Facility Plan Study Professional Services Contract in the amount of $165,055.00 presented by Keller & Associates, Inc. Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes unanimously with vote by roll call. DISCUSSION ITEMS: 1. Media Release/Communication Flow - Mayor Brian Powel Mayor Powell shared the draft of the new Media Release/Communication Flow sheet that will be used going forward if everyone is in agreement. This will help everything to go out to the public in the same manner, with all the necessary information needed for the public to be informed. More detail will be added to each step. Mayor Powell did request that City Council members check their emails daily in case there is a press release to go out. Miscellaneous Council Member Fullmer-Attended BMPO, he feels they are in a really good position. The projection is that 2055 there is going to be a 1.69% growth rate every year through then. It was a good exercise for the high capacity roadway study. Just a little information for everyone. Mayor Powell stated that Jeff was voted as Vice Chair for the BMPO. It’s great that Ammon is being represented. Ammon City Council Regular Meeting 01.22.2026 Page 3 of 4 Ammon City Council February 05, 2026 Page 4 of 74 Council Member Oswald- Thanked City Planner Donovan for emailing out all of the subdivision density information. She asked if any of those on the list are before the changes of lot sizes, Cindy stated all of them are. Only Caliber is the only one that isn’t on the list and will have the larger lots. Mayor Powell- Asked Nathan when we can start cold patching the roads. Nathan stated with the weather we are needing to use the cold patch. Mayor Powell asks City Clerk Dahm to request Tony Black have the guys go up and down 21st and fill potholes. Council Member Wheeler- He stated it has been brought to his attention that a traffic light at Midway and 17th would be warranted. City Engineer Stewart stated it hasn’t been warranted, it is close but it does go against the access management plan, because of spacing. City Planner, Cindy Donovan- Hillcrest Ranch Annexation into the sewer district. They have sent us an affidavit of authority that we are good with the rights-of-way. First we want to know who needs to sign it. City Attorney Scott Hall stated the Mayor needs to sign it. Council Member Boyle stated she was confused. City Engineer Stewart stated we are giving permission to be annexed into the sewer district. Water/Wastewater Division Director, Nathan Riblett- Over the next few weeks we will be focusing on dentist offices, just making sure they are abiding by the EPA requirements. The Water Department is always looking for more funding, we have a meeting set with Rocky Mountain Power Energy Efficiency Engineer, they are coming up on the 30th to do an assessment on pump station 12. We have 7 BFD’s that keep failing, we are looking for funding to upgrade those. City Clerk Dahm- Reminded the Council to sign Appendix A before leaving. She asked the Council if everyone had received their email for the upcoming ERC event. Stated that the ERC is changing it up a bit this year for more interaction. City Council Member Fullmer asked about the joint meeting with the County Commissioners. City Clerk Dahm explained there was a schedule conflict and the meeting will be rescheduled, she said the commissioners are available for March 5th if that will work for everyone, just email her and let her know. City Administrator, Micah Austin- Just a reminder there is a URA meeting coming up next Tuesday January 26th at noon. ADJOURN at 7:27 pm ______________________________ Brian Powell, Mayor ______________________________ Joanna Dahm, City Clerk Ammon City Council Regular Meeting 01.22.2026 Page 4 of 4 Ammon City Council February 05, 2026 Page 5 of 74 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 5, 2026 Mayor Powell and City Councilmembers: Comprehensive Plan Future Land Use Map Amendment Staff Presenting: Cindy Donovan – Planning Director Compliance: - Request and noticing are compliant with Comprehensive Plan Chapter 6 – Amendment Process - Request is generally compliant with the Comprehensive Plan - Request is not in compliance with 10-5-27 due to access to public greenspace Criteria for Decision: 1. Comprehensive Plan Chapter 10 2. Title 10 Chapter 5, Section 27 – Medium and High-Density Location Criteria Summary of Analysis: 1. Comprehensive Plan Future Land Use Map shows the property as light commercial. 2. Applicant is requesting Medium Density Residential, which allows for a maximum of twelve (12.0) dwelling units per acre (R-2, R2-A, MU, and PUD) 3. This property is located within the 1st Street Urban Renewal District 4. Amending the map to a residential classification will result in the loss of commercial property. 5. Surrounding land uses are existing low density residential homes to the north and northwest, commercial to the west, high density residential to the east, and heavy commercial to the south. 6. The current designation, Light Commercial, is compliant with the Comprehensive Plan a. Comprehensive Plan Chapter 10, Page 29: Neighborhood centers should be located in clusters at the intersections of arterial streets. Since they serve the immediate residential area, they may be located at intersections with minor arterials or with major collectors. 7. A small part of the property is shown as High-Density Residential, which is due to the curve of Curlew Drive 8. The requested designation, Medium Density Residential, is generally compliant with the Comprehensive Plan a. Comprehensive Plan Chapter 10, Page 21: In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses (Figure 3). b. Comprehensive Plan Chapter 10, Page 22: In new developments, density declines as development moves further away from arterial and collector streets, with higher densities transitioning to lower densities. 9. Comprehensive Plan Chapter 10, page 27 – Medium Density Residential: • 1. The maximum density for medium density is twelve (12.0) dwelling units per acre. • 2. Town homes offer flexibility in design. Parking, garages, storm water retention areas, landscaping, fencing, outdoor amenities, and larger yards can be used to buffer the Ammon City Council February 05, 2026 Page 6 of 74 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 dwelling units from the noise of neighboring uses. Such buffering techniques should be encouraged in proposed medium density development. • 3. Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. • 4. Medium density is envisioned to consist of single-family attached townhomes. Often homes built at such densities will be a buffer between commercial or residential developments of higher densities and single-family homes on large lots or will be located on entrance ways to residential subdivisions. Parcel Characteristics: - General Location: north of 1st Street, east of North 25th East, south of East 14th North, and west of North Curlew Drive - Acreage: 10.90 acres Planning and Zoning Commission: - The Commission held public hearing #2026-001 on Wednesday, January 7, 2026 - Public Comment: 1 resident testified in opposition of the application - The Commission unanimously recommended approval based on the following Reasoned Statement: o Location makes an ideal buffer between surrounding land uses o Highest and best use of land o Lack of commercial interest o Compliant with Figure 3 in the Comprehensive Plan Notice of Hearing: - This hearing was noticed as Public Hearing #2026-001 - Published in the Post Register on Friday, December 19, 2025 - Mailed letters to 20 public entities on Friday, December 19, 2025 - No sign posting is required, was posted with public hearing #2026-002 on December 23, 2025. - Public Comment: No public comment was received. Applicant’s Request: - Approval of the Future Land Use Map amendment from Light Commercial and High Density Residential to Medium Density Residential - Presented by Michael Henderson, Continental Holdings LLC Motion: Approve I move to approve the Comprehensive Plan Future Land Use Map amendment of approximately 10.90 acres from light commercial and high-density residential to medium density residential, finding it is in compliance with the Comprehensive Plan and City Ordinance based upon (state the reasons for recommending approval based on deliberations). Deny Ammon City Council February 05, 2026 Page 7 of 74 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 I move to deny the Comprehensive Plan Future Land Use Map amendment finding it is not in compliance with the Comprehensive Plan and/or City Ordinance based upon (state the reasons for recommending denial based on deliberations). Continue I move to continue the Comprehensive Plan Future Land Use Map amendment until further information can be attained (state information needed). Attachments: 1. Planning and Zoning Commission Reasoned Statement 2. Current Comprehensive Plan Future Land Use Map 3. Comprehensive Plan Chapter 10 Land Use 4. Title 10 Chapter 5 Section 27 – Medium and High-Density Location Criteria Ammon City Council February 05, 2026 Page 8 of 74 Ammon City CouncilFebruary 05, 2026Page 9 of 74 Hollow DrPrincess DrR ustle RdSFrontierDrWilliamsLn Razorback RdBarton LnGator AlyEagle Dr S Clearfield LnHugo DrBoulder Creek LnJudy St Valery Cir Barton CirMill c r e e k L nFieldstoneDrSalmon S t Eagle DrTreyden D r Court Pl Tie Breaker DrIndian Hollow Dr John Adams PkwyBlue GrassLnCastelliDrFe n n ec Ln PurpleSageDrVirginia DrCurlew DrSydneyDrLakefieldLnTabithaTrl Clara Ct BitternDrFalcon Dr Cabellaro DrLuv Pl Empire LnAdam LnVeilDrJordan Cir Treyden CirVilla Vista LnBaylor Dr Manchester United Rd Benchmark Cir Orchard Cir Ridgeview Cir DakotaLnMarsala CtE 17th StDiamond CirJo hn A d a m s P k w y Lancer AveTalmageStHobble Creek DrTeton St Thousand SpringsDr Bent Grass DrEagle D r Marsala CirStillCreek D r Granite FallsDr Torcello Dr CasaG ran d e D r Magellan LnSpring Gulch Dr Fenwood LnBarton Ct Tawzer Way Amarillo Dr Sunburst DrKatie CtHazelwood Way Ramble Rd Hillsdale Ln JohnAda msPkwy HazenDrCopper Bottom Dr Rawson St Willow Canyon Dr Circle S Dr RememberDrMidway AveHidden Valley Dr Riata LnHidden HvnGator AlleyCassidyDrJessica LnFoothill RdB a rt on Pl W a nda St RawhideLnRobisonDrAshland DrGranger StLeroy Dr Ridgewood DrE Clearfield Ln Liberty DrWindsorDr Thunder DrHidden HutchDrStonehaven DrWildwood LnEaglesHomesteadDrCr o w n C r e s c e n t Sharptail RdSilkwoodCir L a k e fi el d C i rRo ssAveE 21st S S Fo u n d e rsPoin teDrPearce Dr SGenevaDrCross Ln Racque t P l PtarmiganWayConela Cir BungalowDrSilverwood Cir Cabell a ro D rK l amath Falls S t Chasewood Dr Bergeso n D rRoss Ave Greenfield Dr Heather Ln Edinburg CirG r e e n w il l o w Ln Heartland Cir Stafford CvHeather Cir Fieldstone Ct KlamathFalls S t Coopers Hawk Wa y N CurlewDrBrooklyn St Georgia Ln Pheasant Dr Senoma Cir Rulon Dr Del Rio CirTerrillDrMatch Point DrEnsign DrAmmon Park DrSawtooth St SummerwoodLnSamuel St Castelli DrMandalay DrBridger DrSilver Cir Roundup LpStafford Cir EHigh D e sert D r Eastwood Cir Journee CirNewgate DrStafford DrJackson DrBirchwood CirHolladay DrE 21st SE 1st StLilyLnCottontree LnGoldfinch WayRay StBrennan PlSapphire Dr Oak Ridge Dr Coult e r W a y SparrowH awk D r Midway AvePartridgeCt Targhee St Rulon CirMarket WayRed Fox DrRidge River DrTaylorviewLnStonegate DrSunflow er Cir QuailRidgeDrMansionHill DrAcorn Ln Stoneridge Cir Brookstone Cir Dry Creek WayRomrell LnB riar Creek Ln Cedarwood LnP a rtridgeW a y Homewood Dr Winchester Dr BackhandDr Pine Hen Ln R o cky Ridge Rd Wasatch Cir Oakhaven Lindee Ln Judy St Courtyard Cir Commodore Rd Syd neyDrTildy CirBriar Creek Cir Stonehaven Cir Kingswood CirMajestic CirAdvantageLnRed Robin AveLin Rd Cross Cir Owen St GatewayCirMornin g Mi s t D r Hungarian WayMolen St W indmi llDrLuxor Dr JudyC i r Southwick LnPinecrest TrlRemington TrlW i m bled onCir Hazelwood Way Alison AveRose Dale LnNorthwind DrAvocet DrE Founders Pointe D r Aston Villa Rd Oakmeadow CirEdgewood CirCobie LnAmber Ln Christy Ln BroganCreekLnGlenn Cove Ct Brettonwood Devonwood Ileen CirGuila Dr Clack a m a s CreekDrE 21st S Majestic View DrAbigailCtVictoria StFalconDrPond View DrE Sunnyside RdYvonneWayLa u ra CirK a th away Ln SBobwhiteDrE F ro n t i e r Dr Remuda Rd Holladay CirTriu m p h D r47th StSFoundersPointeDrKit Ln S t onewood Cir SteinfeldDrHillamDrTrappers RidgeTonaquint Dr Clearview Ln Brennan B n d Mason St C a b a n a D r Whiting WayEagle Pointe DrE Bobwhite Dr Lady HawkLn Forest Glen Dr Sag e H enCtDerrald Ave Dal AveFolsom Ln Mirinda Ln Tildy Ln Ard DrSan Carlos St M alhe u rRiver St SageHenLnRocky Mountain Dr Liverpool RdChurch StPurple Sage DrE Geneva Dr E 21st S Rich LnE 21st S S Robison Dr Chartwell GdnM aizyW ayVaughn St S60thEMadeline Dr Bracken Way Mathews Dr Aspen Ln Bellagio DrCentral AveMeadow LnWestern AveFairview Dr M o dest o DrRomrell LnHighlandSpringsDrGrassy Banks LnChesterDrCurrant Creek LnAggie Way Rebel Rd Brianne Ave Sweet Water WaySHighDese rt Dr Ann Ave Vintage LnDove DrNCurlewDrPorter DrBarnWoodDr Hillcrest Ranch Rd DryRi d g e Lan e Judy St Cory Ln Gre y Fox LnWesternTanagerWayMountainBluebirdWayTennisCourtDrJuniper Creek DrTowerCastleLoopSilvermaple DrTrailwood DrAutum nw oodD rSpencerLnPinfireCreekDr Marlene St E 14th N Maiben AveMountain Bend DrCarolyn LnSabin DrW illo w R idge Dr Brookfield Ln N45thEN 25th EE Lincoln Rd E 17th E 17th SFoothillRdE 1st E 49th SE 1stN 66th EE SunnysideRdE Su n n y s i d e R dN 25th EN Ammon RdE Sunnyside Rd E 65th SS25thE S 60th EE I o n a R d E 65th SS 47th StE Lincoln Rd E 1st S Ammon RdN 41st ES 45th ES 52nd EN 55th EH illsid e C a n a l Tracy Bono, City Engineer, tbono@cityofammon.us (208) 612-4028 ~ Carol Ellison, GIS Specialist, cellison@cityofammon.us (208) 612-4056 THE CITY OF AMMON DISCLAIMS ANY WARRANTY OF FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT. Adopted May 17, 2018 - Resolution 2018-005R, Hearing 2018-006 Adopted Jan 16, 2020 - Resolution 2020-001R, Hearing 2020-001 Adopted Oct 1, 2020 - Resolution 2020-012R, Hearing 2020-018 Adopted Feb 4, 2021 - Resolution 2021-001R, Hearing 2021-002 Adopted Apr 15, 2021 - Resolution 2021-007R, Hearing 2020-036 Adopted Dec 16, 2021 - Resolution 2021-013R, Hearing 2021-037 Adopted May 5, 2022 - Resolution 2022-002R, Hearing 2022-009 Adopted July 21, 2022 - Resolution 2022-005R, Hearing 2022-015 Adopted May 18, 2023 - Resolution 2023-003R, Hearing 2023-020 Adopted Sep 7, 2023 - Resolution 2023-007R, Hearing 2023-022 Adopted Jan 18, 2024 - Resolution 2024-003R, Hearing 2024-001 Future Land Use Industrial Light Commercial Heavy Commercial Low Density Residential Medium Density Residential High Density Residential Park Cemetery Church School Hillside Residential Mixed Use Impact Boundary Ammon Boundary Railroad Street Canal/Stream/River 1/23/2024 Ammon City Council February 05, 2026 Page 10 of 74 2018 City of Ammon Comprehensive Plan 20 Adopted by 2018-005R. Amended by Resolution 2023-003R. Chapter 10. Land Use This section of the Comprehensive Plan lays out the policies to be used in Ammon’s future land use decisions. This section also contains the future land use map. The future land use map is a graphic representation of the policies within this chapter. The map is created by using the policies, existing land use patterns, proposed transportation systems, natural features such as the foothills and flood hazard areas/floodplains, population projections, and the ideas and opinions contributed during the citizen participation process. The comprehensive land use map can be found at www.cityofammon.us. Since the future land use map is a generalized representation of the following policies, the policies are controlling. The policies outlined in this chapter are to be consulted and used when staff, the Planning and Zoning Commission and the City Council are reviewing: • Requests for zoning changes, • Requests for annexations and initial zoning, • Plans and expenditures for expansion of major infrastructure such as water and sewer trunk lines and transportation facilities which encourage growth, • Plans for new major infrastructure such as parks, schools, and fire stations which will channel growth to certain locations, and • Requests or investments in major public buildings such as city halls, libraries, recreation centers or city center facilities. Projected Population Growth The Bonneville Metropolitan Planning Organization (BMPO) has projected an estimated growth rate of 1.88% annually from 2014 to 2040 for the metropolitan area in its 2040 Long Range Transportation Plan. The U.S. Census Bureau estimates the 2016 population of Ammon at 15,252 (Table 8). According to the U.S. Census Bureau, the population of Ammon was 17,694 in 2020. If this population is projected to 2040 using the BMPO estimated growth rate of 1.88%, the 2040 population of Ammon is projected to be 25,680. If the densities of Ammon do not increase beyond their 2016 densities, the amount of land required to hold the 2040 population and businesses ranges from approximately 3,900 acres to 4,700 acres. Today Ammon contains 4,831 acres, of which almost one-half is vacant. Although it appears as if the future growth until 2040 may be accommodated within the present boundaries of the city, not all of this vacant land may be easily or economically developed. Therefore, it is likely future annexations may be required to ensure both public and private investments are made in locations where private investments and public costs, including maintenance, are economically sound. Table 8. Projected Ammon Population, 2040. 2010 Population 2016 Population Estimate 2020 Population 2021 Population Estimate 2014-2040 Annual Growth Rate Projected 2040 Population Ammon 13,816 15,252 17,694 18,673 1.88% 25,680 SOURCE: U. S. Census Bureau and BMPO 2040 Long-Range Transportation Plan. Census count of 7,016 for 2000 population. The area of impact contains over 11,000 acres and has sufficient land for growth beyond 2040. However, as with the presently annexed lands within Ammon, not all lands within the area of impact may be suitable for economic and efficient future municipal development. As Ammon grows into its area of impact, the natural features of the land, proximity to the existing infrastructure, the cost o f maintenance of existing or proposed public facilities, the cost of development, and impact on neighboring land uses should be considered prior to approval of annexation and new development. Ammon City Council February 05, 2026 Page 11 of 74 2018 City of Ammon Comprehensive Plan 21 Adopted by Resolution 2018-005R TABLE 9. 2017 ACRES BY LAND USE CATEGORIES AND 2040 ANTICIPATED DEMAND. Land Use and (Zone) Developed Acres, 2017 Vacant Acres, 2017 Percentage Vacant, 2017 Additional Acres Needed to Meet 2040 Demand, 24,297 Additional Acres Needed to Meet 2040 Demand, 29,598 Residential (R-1, R1-A, R-2, R2-A, R-3, R3-A, RE, RMH, RP, RPA) 1,958 1,347 41% 1,123 1,782 Commercial (C-1, CC-1, GC-1, HC-1) 291 355 55% 172 272 Office (PB) 26 17 65% 5 8 Industrial (IM1) 149 105 44% 140 223 Parks/Schools/ Churches 188 4.5 3% - - SOURCE: Table of acres in zones, City Administrator, City of Ammon, January, 2018. Ammon’s land use goal should be to foster a community which continues to recognize and respect its rural roots yet provides a variety of housing types and styles for its residents; encourages shopping opportunities for the region, community, and neighborhood; continues to support and enhance the infrastructure necessary to work and live successfully in the 21st Century; works to attract tech and professional businesses to the community; uses its natural features for open space and recreation; and through a public/private partnership, builds a city center or gathering place which provides a walkable environment of mixed-uses including community event space, small shops, public buildings, and mixed housing types housing and offices. Policies Based on Existing Land Use Patterns The land use policies and, therefore, future land use map reflect these existing patterns in land use in Ammon: 1. Regional and community commercial uses line 25th East and portions of 17th Street, one a major arterial street and the other a minor arterial street. 2. In limited and newer locations, high-density residential uses buffer low-density residential uses from commercial uses (Figure 3). 3. Community and neighborhood commercial uses have been channeled to the intersections of major or minor arterial streets. 4. Secondary school facilities buffer residential uses from regional commercial uses. 5. Elementary schools are generally located in the center of the residential neighborhoods they serve. Ammon City Council February 05, 2026 Page 12 of 74 2018 City of Ammon Comprehensive Plan 22 Adopted by 2018-005R. Amended by Resolution 2023-003R. 6. In certain limited locations, parks reflect natural features or limitations to development. 7. Development on the foothills is generally proposed to be lower density; therefore, residential densities generally decrease further from regional commercial land uses and 25th East. Densities decrease as one travels farther from commercial land uses. 8. Residential densities are predominantly less than four units per acre. Ammon’s land use policies and strategies should be to accomplish the following: 1. In new developments, density declines as development moves further away from arterial and collector streets, with higher densities transitioning to lower densities. 2. Recognize natural features, such as topography, floodplains, drainage areas, and wildlife corridors, may be amenities to development and may be used to enhance the community and neighborhood (Figures 4 and 5). 3. Encourage completion and submission of site analysis, including topography, hydrology including water table, soil suitability, drainage patterns, slope and similar natural features, prior to submission of preliminary development designs. 4. Protect life and property from natural hazards through, but not limited to, identification of such areas, open space and park plans and acquisition, reduction of densities in such areas, and enforcement of construction codes. 5. Preserve and protect the major transportation corridors in Ammon and enhance the experience of the visitor and resident by ensuring such corridors are attractive and inviting. 6. Protect the public investment in major transportation corridors through land use decisions which discourage strip commercial development; discourage mid-block commercial uses except on designated arterial roadways; require, when necessary due to anticipated traffic demand, traffic studies and related improvements; control highway access; and use landscaping to beautify as well as control traffic movement. FIGURE 3. RECOMMENDED LAND USE PATTERNS AT THE INTERSECTION OF MAJOR AND MINOR ARTERIAL STREETS. Ammon City Council February 05, 2026 Page 13 of 74 2018 City of Ammon Comprehensive Plan 23 Adopted by Resolution 2018-005R 7. Recognize the benefits of different residential street layouts and encourage the use of the one which is most beneficial to the public in the proposed location. Grid layouts disperse local traffic, enhance walkability, and connect neighborhoods. Circular street layouts reduce costs for construction and maintenance, reduce the amount of impermeable cover, discourage through traffic, and encourage layouts which protect sensitive lands. Cul-de-sacs share the benefits of circular street layouts but should be used only when staff, Planning and Zoning and the City Council agree it to be in the best interest of the residents. Cul-de-sacs, while providing benefits, also provide significant issues when considering parking and snow removal. 8. If developments are constructed with circular street layouts or cul-de-sacs, pedestrian pathways should be provided to ensure neighborhood connectivity and to ensure convenient pedestrian access to schools, parks, and open space. Such paths might also provide access to small commercial facilities needed for daily goods. 9. Encourage infill development to ensure development is compact, economic and efficient. 10. Establish land use patterns which build on existing water and sewer facilities. 11. Link homes, schools, parks and shopping areas with bicycle and pedestrian paths. Consider using sensitive lands in such linkages. 12. Continue to require adequate storm water management for new development and explore methods to safely allow multi-use of such facilities. This sketch illustrates one approach to steep slopes and a floodplain. The private lots encompass a portion of the steep slopes and are partially covered with a no-build easement. The floodplain may be owned and included as a part of a platted lot with a no- build easement within the floodplain portion, in common by the homeowner association or is a natural park owned by the city. Another approach is to extend the lot lines to the stream and encompass the steep slopes and the floodplain within the no-build easement. SOURCE: Based on Figure 25 from Land Development 2 . FIGURE 4. ONE APPROACH TO LAND USE ASSOCIATED WITH STEEP SLOPES AND FLOODPLAINS. Ammon City Council February 05, 2026 Page 14 of 74 2018 City of Ammon Comprehensive Plan 24 Adopted by 2018-005R. Amended by Resolution 2023-003R. FIGURE 5. TWO DIFFERENT APPROACHES TO ADDRESSING STEEP SLOPES AND A FLOODPLAIN. Ammon City Council February 05, 2026 Page 15 of 74 2018 City of Ammon Comprehensive Plan 25 Adopted by Resolution 2018-005R 13. Develop site and design review standards to increase depth of yards adjacent to major streets and railroad. Encourage design treatments such as building orientation, height limitations, fencing, and landscaping to reduce land use conflicts, especially adjacent to major streets, the railroad, or heavier commercial and industrial areas. 14. To ensure open space on sensitive lands or to reduce conflicts with neighboring land uses, consider encouraging clustering of homes. Clustering reduces the cost of site preparation, provision of streets and utilities, and maintenance of streets and utilities. Housing clusters of 40 to 80 homes are safer for residents and offer the developer an economic unit. 15. Locate commercial and higher density residential uses at or near intersections of major roads, provided the layout of such uses allows sufficient land for safe ingress and egress not interfering with traffic flow near intersections. 16. Explore the development of a tech/research park to increase employment opportunities in Ammon. 17. Encourage land uses which generate major traffic to locate near major and minor arterial streets, provided the design of such uses reduces the impact on the street system by controlling access. 18. To retain the rural nature of Ammon, discourage lot splits in established subdivisions and protect existing farm operations from land use conflicts with proposed developments. The policies by land use categories found on the future land use plan are as follows, pursuant to regulations in Title 10 of City Code: High Density Residential 1. The maximum density for high density residential is twenty (20) dwelling units per acre. 2. High-density land uses are proposed adjacent to or near arterial roadways and commercial areas. High-density developments not located near an arterial roadway are not recommended. 3. High-density residential uses should be located within walking distance of commercial developments. 4. High-density residential uses offer flexibility in design. Parking, garages, storm water retention areas, landscaping, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring land uses. Such buffering techniques should be encouraged in new high-density development. 5. Developments built at these densities should be walkable and, when available, can be served by transit. Site design should ensure such developments have walkways which connect housing with neighboring uses such as shopping areas, offices, schools, churches, and public facilities. 6. High-density developments that do not provide walking access to essential amenities, such as grocery stores and retail establishments, are not recommended. 7. A mixture of housing types should be encouraged that may include, walk-up buildings, twin homes and/or duplexes, town homes and/or row houses, and condominiums and/or apartments within one development which broadens the occupant mix, fosters a neighborhood environment, and reduces the monotony of multiple buildings of the same exterior design and scale. If done on a smaller scale or mixed, different housing types do not overwhelm one another. Ammon City Council February 05, 2026 Page 16 of 74 2018 City of Ammon Comprehensive Plan 26 Adopted by 2018-005R. Amended by Resolution 2023-003R. 8. To create a walkable neighborhood, destinations should be within ¼ mile or five minutes walking time, sidewalks in residential areas should be at least five feet in width and wider in commercial areas, sidewalks should be separated from public roadways by a six- to seven-foot-wide planting strip, and vehicle speeds should be 15 to 25 MPH. Traffic calming measures such as narrow traffic lanes, gateways, landscaping, and corner flares also create a pleasant environment. 9. High density residential should be located near or provide for transit pickups as they are available. As high-density developments are created in the City, there should be a review of the current transit stops for the potential of offering pickup on site or near the high density developments 10. Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 11. Each living unit in a high-density residential development should be individually platted to encourage homeownership. Ammon City Council February 05, 2026 Page 17 of 74 2018 City of Ammon Comprehensive Plan 27 Adopted by Resolution 2018-005R Medium Density Residential 1. The maximum density for medium density is twelve (12.0) dwelling units per acre. 2. Town homes offer flexibility in design. Parking, garages, storm water retention areas, landscaping, fencing, outdoor amenities, and larger yards can be used to buffer the dwelling units from the noise of neighboring uses. Such buffering techniques should be encouraged in proposed medium density development. 3. Clustering buildings also offers the ability to buffer dwellings from major roads and neighboring land uses as well as offering an opportunity to create open space on sensitive lands. 4. Medium density is envisioned to consist of single-family attached townhomes. Often homes built at such densities will be a buffer between commercial or residential developments of higher densities and single-family homes on large lots or will be located on entrance ways to residential subdivisions. Low Density Residential 1. The maximum density is six (6.0) units per acre for detached housing. 2. Arterial corridors east of 45th E along 45th E, 1st Street, Sunnyside Road, 49th South, and 65th South shall not exceed 500 feet from the arterial, measured from the Right-of-Way. 3. Low-density residential may consist of single-family detached homes on larger sized lots with wider side yard setbacks. Low density may also consist of single-family detached homes on smaller lots as well as single-family attached twin-homes. Other creative solutions may exist in low-density developments, provided the maximum density is not exceeded. Hillside Residential 1. The maximum density is two and a half (2.5) units per acre. 2. Hillside residential consists of single-family detached homes on larger sized lots with wider side yard setbacks. 3. This designation is used for development east of 45th East, excluding the arterial corridor as defined in Low Density Residential. Institutional Uses (Schools and Churches) 1. Institutional uses such as elementary schools and churches should be located in residential neighborhoods on collector streets. Secondary schools should be located near minor or major arterial streets. 2. Shared use agreements should be pursued with schools to allow the playgrounds to be used outside of school hours by the surrounding neighborhood as park and open space. 3. A line of communication should be maintained between school and city personnel to regularly discuss population projections and anticipated growth patterns, needs for school facilities, and impacts of school location on municipal utilities and facilities. Discussions should also include potential requirements by the City as placement of schools are considered. Ammon City Council February 05, 2026 Page 18 of 74 2018 City of Ammon Comprehensive Plan 28 Adopted by 2018-005R. Amended by Resolution 2023-003R. Heavy Commercial Table 10. shows the general characteristics associated with heavy commercial developments. Not all numbers in this table fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables below while the population served is often smaller. As a result of a larger market area and longer distance to the shopping centers both the minutes of driving time and the distance in miles will likely be increased for this market. TABLE 10. CHARACTERISTICS OF REGIONAL AND SUPER-REGIONAL SHOPPING CENTERS Types of Shopping Center Site Area Population Served Radius of Market Area Leading Tenant Number of Stores Minutes of Driving Time Distance in Miles Regional 10 - 60 acres 50-acre average 150,000 20-30 8+ Full-line department store 40-80 Super-regional 15-100 acres 300,000 30+ 12+ Three or more department stores 100+ SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Regional and super-regional shopping areas should be located on major and minor arterial streets (Figure 6). 2. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization Access Management Plan, July 2012. 3. The clustering of major commercial developments should be encouraged at intersections. The continuation of commercial development along the frontage of arterial roadways should maintain low access egress for businesses along the frontage at major points or roadway intersections. A shared access traffic aisle should be required throughout developments along the entirety of the arterial roadway. Landscaping within all commercial developments should meet the requirements of Ammon Code Title 10, Chapter 5, Section 24. 4. Require perimeter landscaping for new commercial development. Landscaping not only reduces the visual impact of parking lots; it also directs traffic movement through the parking area and defines access to the neighboring street network. The Urban Land Institute states a reasonable amount of landscaping is 10% of the total site and 20% of the parking area. Such landscaping can be used for storm water retention and snow storage. 5. Shopping areas should buffer adjacent residential areas from the lights and noise of commercial areas by landscaping, fencing, and building placement. 6. Professional offices offer an effective buffer between major commercial areas and apartments and homes. If high density residential is located next to major commercial areas, the location of parking areas, garages, landscaping and fences for such residential uses should buffer the dwelling units from the noise and light of the commercial areas. Ammon City Council February 05, 2026 Page 19 of 74 2018 City of Ammon Comprehensive Plan 29 Adopted by Resolution 2018-005R FIGURE 6. RECOMMENDED LOCATIONS FOR SITING COMMERCIAL DEVELOPMENT AT THE INTERSECTIONS OF ARTERIAL STREETS. Light Commercial Community and Neighborhood Shopping Areas and Professional Offices As with the table above under regional shopping areas, not all the numbers fit eastern Idaho. These numbers are based on national numbers. Locally the market area is likely to be larger than found in the tables above while the population served is often smaller. As a result of a larger market area and longer distances to shopping centers, both the minutes of driving time and the distance in miles will likely be increased for this market. However, the table still provides a framework for commercial locations and provides fairly realistic numbers for the site area necessary for stores and shopping centers (Table 11). TABLE 11. CHARACTERISTICS OF COMMUNITY AND NEIGHBORHOOD SHOPPING CENTERS. Types of Shopping Center Site Area Population Served Radius of Market Area Leading Tenant Number of Stores Minutes of Driving Time Distance in Miles Community 10 - 30 acres 40,000 - 150,00 50,000 average 10-20 3-5 Variety store 15-40 Neighborhood 2.5 - 10 acres 2,500-40,000 10,000 average 5-10 1.5 Grocery store 5-20 SOURCE: Kaiser, Edward J. and others, Urban Land Use Planning, Chicago: University of Illinois Press, 1995. 1. Neighborhood centers should be located in clusters at the intersections of arterial streets. Since they serve the immediate residential area, they may be located at intersections with minor arterials or with major collectors. Ammon City Council February 05, 2026 Page 20 of 74 2018 City of Ammon Comprehensive Plan 30 Adopted by 2018-005R. Amended by Resolution 2023-003R. 2. If neighborhood centers are located at the major arterial intersections, pedestrian access to the neighboring residential areas should be provided to allow residents to shop without having to use the arterial street to access the shopping area. 3. Access from such shopping areas shall meet the standards of the Bonneville Metropolitan Planning Organization most current Access Management Plan. 4. Shopping areas adjacent to residential areas should be required to use exterior lighting designs that shield the residential area from light pollution, as well as using fencing and landscaping to reduce noise from commercial areas. Industrial 1. When reviewing requests by heavy industries that may have major off-site impact costs and infrastructure needs beyond what is available at the time of the request, those cost should be included as part of any approval and passed on to the developer as a required development cost. 2. When zoning for industrial uses, consider the predominant wind patterns from the southwest. 3. Locate industrial lands near major arterials with good access to highways, and/or adjacent to railroad facilities. Regional airport access is available by accessing the east and west arterial roadways and accessing either I-15 or Highway 20. 4. Buffer residential areas from industrial lands by roadways, office and shopping areas, open space, landscaping, berms, and fencing. Such buffering should be tailored to the industrial use. The buffering required for a food processing plant is likely to be different than the buffering required for a research laboratory or light assembly plant. Parks and Open Space 1. The existing parks are shown on the future land use map as parks. 2. Future parks are shown symbolically on the future land use map to suggest a park or open space needed to serve the neighborhood as it develops. 3. Sensitive lands such as floodplains, wetlands, steep slopes, and drainages, plus exhausted gravel pits, may be shown as open space. Ammon City Council February 05, 2026 Page 21 of 74 2018 City of Ammon Comprehensive Plan 31 Adopted by Resolution 2018-005R Land Use Categories and Applicable Zones TABLE 12. LAND-USE CATEGORIES AND APPLICABLE ZONES. Land Use Category Applicable Zones - Pursuant to Regulations in Title 10 of City Code High Density Residential A maximum of twenty (20.0) dwelling units per acre (R-3, R3-A, MU, PUD) Medium Density Residential A maximum of twelve (12.0) dwelling units per acre (R-2, R2-A, MU, PUD) Low Density Residential A maximum of six (6.0) dwelling units per acre (RE, RP, RP-A, R-1, R1-A, RS, MU, PUD, RMH) Hillside Residential A maximum of two and a half (2.5) units per acre (RE, RP, RP-A) Institutional uses By Conditional Use Permit and/or allowed by zone Heavy commercial C-1, HC-1, CC-1, GC-1, MU Light commercial PB, LC/PB, MU Industrial I&M1, I&M2, M-1 Parks, open space All zones. Ammon City Council February 05, 2026 Page 22 of 74 Page 18 of 21 SUPPLEMENTARY REGULATIONS REVISED JUNE 5, 2025 10-5-27: Medium and High-Density Location Criteria: The following criteria pertains to all property developments zoned R-2 or higher. (A) Criteria Applicable to ALL Medium and High-Density Projects. 1. Principal or Arterial Street Location. High-density projects must be located directly on a principal or arterial street, as defined by the currently adopted definitions of the Bonneville Metropolitan Planning Organization (BMPO); and 2. Collector Streets. Collector Streets may be considered if projects meet all other criteria; and 3. Prohibited Access. A high-density development shall not require access to an arterial through a lower density residential development; and 4. Design Review. All high-density projects require Design Review approval prior to seeking a building permit; and 5. Maximum Density. Developments shall not exceed the maximum density allowed by the underlying zoning district; and 6. School District Comments. Prior to any consideration by the Planning and Zoning Commission, comments shall be requested from Bonneville School District 93. (B) R-2: Criteria Applicable to Medium density Project in R-2 Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Developments shall be a minimum of two (2) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R-2 development shall not exceed eighty (80) units total per development; and 4. Public Green Space. If the development does not provide public green space, the development must: a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and b) Have or provide direct pedestrian access to the park; and c) Contribute financially to enhancing park infrastructure; and 5. Platting of Units. All units must be individually platted. (C) R2-A: Criteria Applicable to Medium density Project in R2-A Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Development shall be a minimum of three (3) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R2-A development shall not exceed one hundred twenty (120) units total per development; and 4. Required Amenities. Developments shall be within one-half (1/2) mile walking distance, as measured along any line that meets the definition of Pedestrian Access, to a commercial area that provides grocery shopping and either retail shopping or dining. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and 5. Public Green Space. If the development does not provide public green space, the development must: a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and Ammon City Council February 05, 2026 Page 23 of 74 Page 19 of 21 SUPPLEMENTARY REGULATIONS REVISED JUNE 5, 2025 b) Have or provide direct Pedestrian Access to the park; and c) Contribute financially to enhancing park infrastructure; and 6. Platting of Units. All units must be individually platted. (D) R-3 & R3-A: Criteria Applicable to High-density Projects in R-3 and R3-A Zone 1. All criteria as required by Section 1; and 2. Minimum Development Acreage. Development shall be a minimum of four (4) acres. (Note: Minimum acreage does not apply to infill projects); and 3. Maximum Development Density. R-3 or R3-A development shall not exceed 200 units total per development; and 4. Required Amenities. Developments shall be adjacent to a commercial area and within a quarter (1/4) mile of grocery shopping, as measured along any line that meets the definition of Pedestrian Access. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and 5. Private Green Space. Development shall provide privately owned green space within the development; and 6. Public Green Space. R-3 and R3-A developments shall: a) Be located within one-half (1/2) mile of a public city park or donate a public city park through the platting process; and b) Have or provide direct pedestrian access to the park; and c) Contribute financially to enhancing park infrastructure; and 7. Setbacks. If the development shares a property line with a low-density residential area, all buildings located along the shared property line between the project and the low-density residential area shall have a setback of twenty-five (25) feet plus four (4) feet for every one (1) foot of building height. Building height is measured to the top plate. a) Example: If Building Height is thirty (30) feet, setback would be: 25 + (4 x 30) = 145 feet; and 8. Agency Comments Requested. Prior to any consideration by the Planning and Zoning Commission, R-3 and R3-A developments shall seek comments from the following outside agencies: Bonneville School District 93, Bonneville County Fire District, Bonneville County Road and Bridge, the Bonneville County Sheriff's Office, Eastern Idaho Regional Sewer District (EIRSD), Iona Bonneville Sewer District (IBSD), Falls Water, Progressive Irrigation, and the Idaho Canal Company (if applicable). Ammon City Council February 05, 2026 Page 24 of 74 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 5, 2026 Mayor Powell and City Councilmembers: Kartchner Rezone Request Staff Presenting: Cindy Donovan – Planning Director Recommendation − Staff recommends denial of the rezone based on the following staff report. Compliance - Title 10 Chapter 4 – allows for individuals or the Commission to petition for amendments to the Zoning Map - Request is not in compliance with City Ordinance 10-5-27 due to access to public greenspace - Request is not in compliance with the Comprehensive Plan Future Land Use Map, applicant is requesting an amendment to the map Criteria for Decision 1. Comprehensive Plan Chapter 10 2. Title 10 Chapter 5, Section 27 – Medium and High-Density Location Criteria 3. Title 10 Chapter 16 – R2-A Residence Zone Summary of Analysis 1. This property is located within the 1st Street Urban Renewal District 2. Rezoning to a residential classification will result in the loss of commercial property. 3. R2-A Residence Zone allows for up to 12 units per acre with up to 8 attached units 4. Title 10 Chapter 5, Section 27: Medium and High-Density Location Criteria: The following criteria pertains to all property developments zoned R-2 or higher. (A) Criteria Applicable to ALL Medium and High-Density Projects. 1. Principal or Arterial Street Location. High-density projects must be located directly on a principal or arterial street, as defined by the currently adopted definitions of the Bonneville Metropolitan Planning Organization (BMPO); and Compliant, property has access to 1st Street 2. Collector Streets. Collector Streets may be considered if projects meet all other criteria; and Not applicable 3. Prohibited Access. A high-density development shall not require access to an arterial through a lower density residential development; and Compliant 4. Design Review. All high-density projects require Design Review approval prior to seeking a building permit; and Would be completed before a building permit is issued 5. Maximum Density. Developments shall not exceed the maximum density allowed by the underlying zoning district; and Would be completed with site plan review Ammon City Council February 05, 2026 Page 25 of 74 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 6. School District Comments. Prior to any consideration by the Planning and Zoning Commission, comments shall be requested from Bonneville School District 93. Notice of the meeting was mailed to School District 93 on December 19, 2025. City staff emailed School District 93 on December 29, 2025 for comments regarding the request. Superintendent Woolstenhulme stated they did not have any comments regarding the request. (B) R2-A: Criteria Applicable to Medium density Project in R2-A Zone 1. All criteria as required by Section 1; and Compliant 2. Minimum Development Acreage. Development shall be a minimum of three (3) acres. (Note: Minimum acreage does not apply to infill projects); and Compliant, property is 10.90 acres 3. Maximum Development Density. R2-A development shall not exceed one hundred twenty (120) units total per development; and Would be completed with final plat and site plan review. 4. Required Amenities. Developments shall be within one-half (1/2) mile walking distance, as measured along any line that meets the definition of Pedestrian Access, to a commercial area that provides grocery shopping and either retail shopping or dining. Development shall have or provide direct and uninterrupted Pedestrian Access to the required amenities; and Compliant, property is located 0.09 miles from the gas station located at 1st Street and 25th East. 5. Public Green Space. If the development does not provide public green space, the development must: a) Be located within one-half (1/2) mile walking distance of a city park, as measured along any line that meets the definition of Pedestrian Access; and b) Have or provide direct Pedestrian Access to the park; and c) Contribute financially to enhancing park infrastructure; and Not compliant without significant improvement - Bridgewater Park is the closest public park with pedestrian access. - Property is located 0.58 miles from Bridgewater Park via the canal pathway and 0.55 miles from Bridgewater Park via the Curlew Drive sidewalk. - Tiebreaker Park is located .35 miles from this property but does not have a pedestrian infrastructure at this time. 6. Platting of Units. All units must be individually platted. Would be required during the platting process. Parcel Characteristics - General Location: north of 1st Street, east of North 25th East, south of East 14th North, and west of North Curlew Drive - Acres: 10.90 acres - Current Zoning: C-1 Limited Business Zone and R3-A Residence Zone - Requested Zoning: R2-A Residence Zone Ammon City Council February 05, 2026 Page 26 of 74 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Applicant’s Request - Approval of the rezone request from C-1 and R3-A to R2-A - Presented by Michael Henderson, Continental Holdings LLC Planning and Zoning Commission: - The Commission held public hearing #2026-002 on Wednesday, January 7, 2026 - Public Comment: 1 resident testified in opposition of the application - The Commission unanimously recommended approval based on the following Reasoned Statement: o Improved safety and maintenance to Sand Creek pathway o The property will have ample access to City Parks with future improvements to Curlew Dr. o Affordable housing option with lack of public opposition o Upcoming improvements to 1st street support this land use Notice of Hearing - This public hearing was noticed as public hearing #2026-002 - Notice was published in the Post Register on December 19, 2025 - Notice was mailed to 36 property owners and 20 public entities on Friday, December 19, 2025 - Property was posted on Tuesday, December 23, 2025 - Public comment: 1 response was received from Bonneville School District 93 Motion Approve I move to recommend approval of the Kartchner Rezone of approximately 10.90 acres to R2-A, finding it is in compliance with the Comprehensive Plan and meets the City ordinance based upon (state the reasons for recommending approval based on deliberations). Deny I move to recommend denial of the Kartchner Rezone, finding it does not comply with the Comprehensive Plan or City ordinance based upon (state the reasons for recommending denial based on deliberations). Continue I move to continue the request for the Kartchner Rezone until addition information can be obtained (state information needed). Attachments: 1. Vicinity Map 2. Project Description from the Applicant 3. Planning and Zoning Commission Reasoned Statement 4. Written Testimony 5. Title 10 Chapter 5 Section 27 – Medium and High-Density Location Criteria, included with FLUM 6. Title 10 Chapter 16 – R2-A Residence Zone 7. Title 10 Chapter 18 – R3-A Residence Zone 8. Title 10 Chapter 20 – C-1 Limited Business Zone 9. 10-37-1(A) Permitted Uses by Zone 10. 10-37-2 (A) Dimensional Standards by Zone Ammon City Council February 05, 2026 Page 27 of 74 Simplicity Rezone Map Identifying the Property of Interest Ammon City Council February 05, 2026 Page 28 of 74 Simplicity Rezone Description of Project - Continental Holdings LLC proposes a rezone of the parcel at 1st Street & N Curlew Drive to allow townhomes. A townhome community will complement the existing single family and the apartment project to the east, helping to be a buffer between the community and the commercial in the area. This community would fit around 110 townhomes. Legal Description of Location - 1st Street & N Curlew Dr, Ammon, ID 83401 - Current Zone: Commercial - Requested Zone: R-2A Medium Density Part of the Southwest Quarter of Section 15, Township 2 North, Range 38 East of the Boise Meridian described as follows: Commencing at the South Quarter Corner of Section 15, Township 2 North, Range 38 East of the Boise Meridian, thence N89º29’43”W 1197.60 feet along the south line of the Southwest Quarter of said Section 15; thence N00º30’17”E 50.01 feet to the POINT OF BEGINNING and running thence N 89º29’43” W 1027.10 feet along the north right of way line of 1st Street to the centerline of Sand Creek; thence Northeasterly along said centerline the next five courses: 1) thence N 20º54’12” E 32.42 feet; 2) thence N 12º56’18” E 164.08 feet; 3) thence N 26º42’53” E 60.39 feet; 4) thence N 38º13’04” E 60.19 feet; 5) thence N 42º24’27” E 436.59 feet; thence S 89º24’56” E 462.79 feet to the west right of way line of Curlew Drive; thence along said west right of way line the next four courses 1) thence S 00°27'11" W 245.30 feet; 2) thence Southeasterly, 196.80 feet along a curve to the left having a radius of 180.00 feet and a central angle of 62°38'37" and a chord that bears S 30°52'07" E 187.14 feet; 3) thence Southeasterly, a distance of 131.31 feet along a reverse curve to the right having a radius of 120.00 feet and a central angle of 62°41'42" and a chord that bears S 30°50'34" E124.85 feet; 4) thence S 00°30'17" W 105.00 feet to the point of beginning, containing 10.90 acres more or less. Statement of Compliance with City Code 10-5-27 - Continental Holdings LLC hereby submits this statement of compliance in support of our application for a zone change pursuant to City of Ammon Code § 10-5-27. We recognize and embrace the importance of this process in ensuring that future development aligns with the City’s planning goals, neighborhood context, infrastructure capacities, and community values. - The site meets all of the criteria. Ammon City Council February 05, 2026 Page 29 of 74 - The Site is 426 feet or .08 miles from the closest location that sells groceries. Additionally, the site is a ½ mile walk from Wal-Mart. - The Site is within ¼ mile of Bridgewater Park. Pedestrian access can either be along the side walk following Curlew or the trail system along sand creek. - The Site is ⅓ mile from Tiebreaker Park. - The Site is ¼ mile from Tiebreaker Elementary school and Falls Valley Elementary school. It is ¾ of a mile from Sugar Mill Park. Map Identifying the Property of Interest Ammon City Council February 05, 2026 Page 30 of 74 Ammon City CouncilFebruary 05, 2026Page 31 of 74 Heather McBride <hmcbride@cityofammon.us> Request for Comment - Public Hearing 2026-002 Scott Woolstenhulme <WoolsteS@d93.k12.id.us>Tue, Dec 30, 2025 at 9:30 AM To: Heather McBride <hmcbride@cityofammon.us> Cc: Cindy Donovan <cdonovan@cityofammon.us>, Cody Jackson <jacksonc@d93.k12.id.us>, "trauntvd@d93mail.com" <trauntvd@d93mail.com>, Heath Jackson <JacksonH@d93.k12.id.us> Good morning, Heather, Thank you for reaching out and for the opportunity to comment on the Kartchner Homes rezone request. We don't have any comments regarding this request. I do not see a significant impact from the proposal. Thank you for keeping us in the loop. Dr. Scott G Woolstenhulme Superintendent of Schools Bonneville Joint School District 93 From: Heather McBride <hmcbride@cityofammon.us> Date: Monday, December 29, 2025 at 12:15 PM To: Scott Woolstenhulme <woolstes@d93.k12.id.us>, Cody Jackson <jacksonc@d93.k12.id.us>, trauntvd@d93mail.com <trauntvd@d93mail.com> Cc: Cindy Donovan <cdonovan@cityofammon.us> Subject: [External Email] Request for Comment - Public Hearing 2026-002 [EXTERNAL EMAIL] Please report any suspicious attachments, links, or requests for sensitive information. [Quoted text hidden] Ammon City Council February 05, 2026 Page 32 of 74 Page 1 of 3 Revised 05062021 CHAPTER 16 R2-A RESIDENCE ZONE SECTION: 10-16-1: General Objectives and Characteristics of Zone 10-16-2: Location of Accessory Structures 10-16-3: Lot Coverage 10-16-4: Special Provisions Regarding Single-Family Attached Townhouse Dwellings 10-16-5: Vehicular Access 10-16-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R2-A Residence Zone is to designate appropriate areas within the City rental dwelling units, multiple family dwellings, and similar buildings where living accommodations for groups may be located. 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 R2-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). This zone does not allow density that will exceed twelve (12.0) dwelling units shall be permitted per acre. 10-16-5: LOCATION OF ACCESSORY STRUCTURES: (A) Any accessory structure placed in the calculated side yard of the main building shall maintain the side yard requirements of the zone in which it is in. The distance between the main building and the accessory building shall be subject to the requirements in the most recently adopted version of the International Building Code or International Residential Code as they may apply. (B) No side yard shall be required for accessory structures which are located more than twelve (12) feet in the rear of the main building (calculated from the furthest point of extension of any part of the foundation), provided that the auxiliary building's drip line remains within the property. Ammon City Council February 05, 2026 Page 33 of 74 Page 2 of 3 Revised 05062021 10-16-8: LOT COVERAGE: (A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking area. The maximum lot coverage of single-family attached dwelling units shall be sixty- five percent (65%) for interior lots and fifty percent (50%) for corner lots. The remaining lot area shall be landscaped in accordance with provisions of this ordinance. All landscaping outside of that immediately between any main building and any public street shall be located, designed, and developed for the benefit and enjoyment to the residents of the dwelling(s), including appropriate play areas for children. (B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include such hard-surface outdoor recreation facilities as tennis courts, basketball courts, shuffleboard courts, and swimming pools, provided that: 1. The hard-surface outdoor recreation facilities make up no more than forty percent (40%) of the required landscaped area, and 2. Those facilities are available for the use of all residents of the development. (C) Required Buffers. Wherever a development in the R2-A Zone adjoins land zoned RE, RP, RP-A, R-1, R1-A or RMH, or unincorporated land designated for single family residential use in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer and a minimum six (6) foot high site obscuring fence shall be provided. This buffer may be included in the thirty percent (30%) minimum landscaped area required in (A) above. If an open space of at least thirty (30) feet is provided between all buildings (whether main or auxiliary) and the adjacent zone the requirement of a fence can be waived. Said open space shall include some combination of planted trees, shrubs, vines, ground cover, flowers or lawns. 10-16-9: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED TOWNHOUSE DWELLINGS: These provisions apply to single-family attached townhouse dwellings (those attached to adjacent units via zero lot lines) only. (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 shall have at least one direct pedestrian access from the interior of the dwelling to the property line of the dwelling unit and no pedestrian access may be held in common with another single-family dwelling unit. (C) No more than eight (8) single-family attached dwellings may be attached together. (D) Except as noted below, a single-family attached dwelling shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. All single-family attached Ammon City Council February 05, 2026 Page 34 of 74 Page 3 of 3 Revised 05062021 dwellings shall have separate electrical service, water service lines, and sanitary sewer service lines. Common facilities or property are allowed for the following: 1. Common party walls constructed in accordance with the International Building Code. 2. Foundations supporting attached or party walls. 3. Flashing at the termination of the roof covering over any attached walls. 4. Roofs. 5. Vehicular access to a dedicated street for off-street parking facilities or detached garages. (E) No building permit shall be issued for the construction of a single-family attached dwelling unless a common facilities or party wall agreement or Declaration of Condominium has been filed with the Bonneville County Recorder's office for each such dwelling unit which shares common facilities with another unit. Such agreement shall include a legal description of the lots sharing common facilities and shall allocate responsibility as between the owners of such lots for the use, maintenance, and ownership of all common facilities. 10-16-10: VEHICULAR ACCESS: All lots upon which a dwelling is located shall have a vehicular access to and frontage upon a dedicated street or upon a granted easement of access of not less than twenty-five (25) feet in width and of a distance from the public dedicated street of no longer than approved by the planning and zoning commission. Ammon City Council February 05, 2026 Page 35 of 74 Page 1 of 4 Revised 11-14-2024 CHAPTER 18 R3-A RESIDENCE ZONE SECTION: 10-18-1: General Objectives and Characteristics of Zone 10-18-2: Use Requirements 10-18-3: Location of Accessory Structures 10-18-4: Lot Coverage 10-18-5: Special Provisions Regarding Single-Family Attached Townhouse Dwellings 10-18-6: Vehicular Access 10-18-7: Special Provisions Apply to R3-A Zone 10-18-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R3-A Residence Zone is to establish an area within the City in which the primary use of the land is for residential purposes. Characteristic of this zone is a greater density and a wider variety of dwelling types and uses than other residential zones. The R3-A Zone is essentially residential in character; therefore, all uses must be developed and maintained in harmony with residential uses attractive lawns, shrubs, trees, both on the street and around the buildings, is also characteristic of this zone. This zone shall not allow density that will exceed twenty (20.0) dwelling units per acre. 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 R3-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). 10-18-2: USE REQUIREMENTS: In addition to the allowed residential uses the following uses shall be permitted in the R3-A Residence Zone: (A) Off street parking lots. (B) For property zoned R3-A prior to April 1, 2004, ONLY, with no subsequent change to another zone: Office buildings for professional persons, such as doctors, dentists, accountants, attorneys, architects. (C) For property zoned R3-A prior to December 1, 2017, ONLY with no subsequent change to another zone: Mortuaries, Crematories and funeral parlors, pursuant to a conditional use permit issued by the Board of Adjustment. Ammon City Council February 05, 2026 Page 36 of 74 Page 2 of 4 Revised 11-14-2024 10-18-3: LOCATION OF ACCESSORY STRUCTURES: (A) Side yard requirements for accessory structures shall be the same as for main buildings, except those subject to §10-18-5. Any accessory structure placed in the calculated side yard of the main building shall maintain the side yard requirements of the zone in which it is in. The distance between the main building and the accessory structure shall be subject to the requirements in the most recently adopted version of the International Building Code or International Residential Code as they may apply. (B) No side yard shall be required for accessory structures which are located more than twelve (12) feet in the rear of the main building (calculated from the furthest point of extension of any part of the foundation), provided that the auxiliary structure’s drip line remains within the property. (C) There shall be no side yard setback requirement for the property line between zero lot line single-family attached dwellings where the dwelling units are attached by party wall/common walls. The side yard requirements shall be maintained for the exterior boundaries of any units, which are attached by party walls. All accessory structures shall comply with the setback requirements set forth above. 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. 10-18-4: LOT COVERAGE: (A) Maximum Lot Coverage. Lot coverage, including all areas under roofs and paved or concrete surfaces, shall not exceed seventy percent (70%) of the total lot and parking area. The maximum lot coverage of single-family attached dwelling units shall be sixty- five percent (65%) for interior lots and fifty percent (50%) for corner lots. The remaining lot area shall be landscaped in accordance with provisions of this ordinance. All landscaping outside of that immediately between any main building and any public street shall be located, designed, and developed for the benefit and enjoyment of the residents of the dwelling(s), including appropriate play areas for children. (B) Lot Coverage Exemption. The landscaped area on a lot will be considered to include such hard-surface outdoor recreation facilities as tennis courts, basketball courts, shuffleboard courts, and swimming pools, provided that: 1. The hard-surface outdoor recreation facilities make up no more than forty percent (40%) of the required landscaped area, and 2. Those facilities are available for the use of all residents of the development. (C) Required Buffers. Wherever a development in the R3-A Zone adjoins land zoned RE, RP, RP-A, R-1, R1-A or RMH, or unincorporated land designated for single family residential Ammon City Council February 05, 2026 Page 37 of 74 Page 3 of 4 Revised 11-14-2024 use in the City's Comprehensive Plan, a minimum ten (10) foot wide landscaped buffer and a minimum six (6) foot high site obscuring fence shall be provided. This buffer may be included in the thirty percent (30%) minimum landscaped area required in (A) above. If an open space of at least thirty (30) feet is provided between all buildings (whether main or auxiliary) and the adjacent zone the requirement of a fence can be waived. Said open space shall include some combination of planted trees, shrubs, vines, ground cover, flowers or lawns. 10-18-5: SPECIAL PROVISIONS REGARDING SINGLE-FAMILY ATTACHED TOWNHOUSE DWELLING: These provisions apply to single-family attached townhouse dwellings (those attached to adjacent units via zero lot lines) only. (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 shall have at least one direct pedestrian access from the interior of the dwelling to the property line of the dwelling unit 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 shall have no facilities or property in common with another single-family attached dwelling and all dwellings shall be structurally and functionally independent from each other. All single-family attached dwellings shall have separate electrical service, water service lines, and sanitary sewer service lines. Common facilities or property are allowed for the following: 1. Common party walls constructed in accordance with the International Building Code. 2. Foundations supporting attached or party walls. 3. Flashing at the termination of the roof covering over any attached walls. 4. Roofs. 5. Vehicular access to a dedicated street for off-street parking facilities or detached garages. (D) No certificate of occupancy shall be issued for a single family attached dwelling unless a common facility or party wall agreement or Declaration of Condominium, together with a separate legal description for each 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. Ammon City Council February 05, 2026 Page 38 of 74 Page 4 of 4 Revised 11-14-2024 10-18-6: VEHICULAR ACCESS: All lots upon which a dwelling is located shall have a vehicular access to and frontage upon a dedicated street or upon a granted easement of access of not less than twenty-five (25) feet in width and of a distance from the public dedicated street of no longer than approved by the planning and zoning commission. 10-18-7: SPECIAL PROVISIONS APPLYING TO R-3A ZONE: Landscaping shall be as set forth in section 10-5-24. Ammon City Council February 05, 2026 Page 39 of 74 PAGE 1 REVISED 5-2-2019 CHAPTER 20 C-1 LIMITED BUSINESS ZONE SECTION: 10-20-1: General Objectives and Characteristics of Zone 10-20-2: Use Requirements 10-20-3: Special Provisions 10-20-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The C-1 Limited Business Zone has been established as a district in which the primary use of the land is for retail stores and service establishments which supply residential needs of the people living in the surrounding area. This zone is usually located at specific locations along major streets and is characterized by buildings having a wide variety of architectural forms and shapes. The objectives in establishing this zone are: To encourage the development and continued use of the land within the zone for business purposes. To promote the development of serviceable and convenient retail and service facilities. To provide appropriate areas for the development of business uses within the City and to prevent the scattering of business uses into surrounding zones. To prohibit industrial uses within the zone and to discourage any other use which tends to thwart or militate against the continued use and development of the land within the zone for its primary purpose. In order to accomplish the objectives and purposes of this ordinance, the following regulations shall apply in the C-1 Limited Business Zone (see also Supplementary Regulations to Zones). 10-20-2: USE REQUIREMENTS: 10-37-1 10-20-3: SPECIAL PROVISIONS: (A) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. (B) All merchandise, equipment, and other materials, except seasonal merchandise such as nursery stock, fruits, vegetables, and vehicles in running order, shall be stored within an enclosed building. (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 traffic. (D) Landscaping shall be as set forth in section 10-5-24. Ammon City Council February 05, 2026 Page 40 of 74 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 M 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 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 Car Wash M P P P P P P P Childcare Facility P P P P P P P P P P 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 Contractor Shop P P P P10 P10 P10 P10 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 P 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 Lodging/Boarding House M P P P P Manufacturing P P P Motor Vehicle Repair C P P9 P9 P9 P9 Motor Vehicle Sales P P P P P P Motor Vehicle Service M 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 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 Sexually Oriented Business/Adult Business 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 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 REPEALED P2 REPEALED 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 11/20/2025 10-37-1 (A) PERMITTED USES BY ZONE RESIDENTIALCOMMERCIALPUBLIC & INSTITUTIONALAmmon City Council February 05, 2026 Page 41 of 74 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 15,000 100'70%30'10'25'1,400 2,400 35'30'P P 1.00 P RP-A 2.50 13,000 90'70%30'10'25'1,200 2,000 35'30'P P 1.00 R-1 4.00 8,000 75'70%30'8'25'1,000 1,500 35'30'P P 1.00 P 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 P R1-A 4.00 6,000 sq ft/unit 52'/unit 70%30'P1, 8'25'1,000 1,500 35'30'P 2.00 P 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' R2-A 12.00 P3 100'65%30'P1, 8'25'1,100 40'30'P up to 8.00 10'Fence P R-3 16.00 P4 100'65%30'P1, 8'25'40'30'P up to 16.00 10'Fence P R3-A 20.00 P5 100'65%30'P1, 8'25'40'30'P up to 20.00 10'Fence 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 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) DIMENSIONAL STANDARDS BY ZONE 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. 6/5/2025 Ammon City Council February 05, 2026 Page 42 of 74 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 5, 2026 Mayor Powell and City Councilmembers: Curlew Bend Development Agreement Amendment Staff Presenting: Cindy Donovan – Planning Director Recommendation − Staff recommends consideration of the request. o If the requested amendment is approved, staff recommends the addition of residential and commercial contributions for law enforcement and the requirement to connect to the pressurized irrigation line that is reasonably available to the development. Summary of Analysis 1. Conditional Rezone Agreement was approved by the City Council on August 19, 2021. 2. Current Standard Development Agreement was approved by the City Council on May 4, 2023 3. At the City Council Meeting on April 4, 2024, the Council discussed a request to amend the Curlew Bend Development Agreement. Ryan Webster, a property representative, asked for an amendment from the Certificate of Occupancy of 15 residential units to 35 residential units prior to starting commercial construction. 4. During this discussion, the Council discussed adding the law enforcement contribution with this amendment. Staff was directed to work with the developer to bring back an updated agreement that would be amenable to both parties. 5. Staff sent an email to the developer on April 16, 2024 regarding the amendment and did not receive a response. 6. An application for a development agreement amendment was submitted and paid for on December 15, 2025. Developer Requested Amendment 1. Proposed amendment to SC-8: The Developer shall begin construction of commercial shell property prior to Certificate of Occupancy of the fifteenth thirtieth residential unit and completion of the commercial shell space prior to residential unit thirty fifty Certificate of Occupancy. Staff Recommend Amendments 1. Addition of 6.34: Developer shall pay the Law Enforcement Contribution Fee, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, for each commercial and/or residential unit. The Law Enforcement Contribution Fee must be paid before issuance of Certificate of Occupancy for the 15th residential unit or prior to February 28, 2026, whichever occurs first, for all units that were permitted before the effective date of this agreement. 2. Proposed amendment to SC-2, this has already been completed: The Developer shall pay a frontage fee of $185,010.47 for development of John Adams Parkway, Curlew Drive north of Ammon City Council February 05, 2026 Page 43 of 74 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 John Adams Parkway, and bridge connecting to 25th East, as required in paragraph 6.12 and 6.25 above prior to first building permit or March 1, 2026, whichever occurs first. If not paid by said date, the same shall become immediately due and owing and if Developer does not pay said front footage fee, the bond shall become immediately responsible for the costs assessed by the City. 3. Elimination of SC-3 as the John Adams/Curlew Expansion project had been completed prior to building permits being issued and the frontage fee is addressed is SC-2. 4. Addition of SC-11: Developer shall connect to the City of Ammon pressurized irrigation system and meet the requirements of 6.20 of this agreement. 5. Addition of SC-12: Developer shall disconnect any existing irrigation from the City of Ammon’s potable water system. Refund of payment for fees contributed to the groundwater equivalent for not using pressurized irrigation can be requested after the pressurized irrigation system is inspected and approved by the City Engineer. Payment for water connection and water meters will not be reimbursed. 6. Addition of SC- 13: Developer shall extend the pressurized irrigation line to the edge of their property line to the east. Parcel Characteristics - General Location: north of 17th Street, east of 25th East, south of 1st St., west of Tie Breaker Dr. - Acres: 4.449 acres total - Zoning: Multi-Use Zone (MU) - Number of units: 58 units Applicant’s Request - Approval of amendment from the Certificate of Occupancy of 15 residential units to 30 residential units prior to commercial permit and amendment from the Certificate of Occupancy of 30 residential units to 50 residential units prior to completion of commercial space - Presented by Kade Clinger, Tri Kore Development Motion Approve I move to approve an amendment to the Curlew Bend Development Agreement as follows: state conditions required. Deny I move to deny any amendments to the Curlew Bend Development Agreement. Continue I move to continue a decision on any amendments until more information can be acquired. Attachments: 1. Vicinity Map 2. Request from the Applicant 3. Curlew Bend Final Plat 4. April 4, 2024 City Council Meeting Minutes 5. DRAFT Curlew Bend Standard Development Agreement Ammon City Council February 05, 2026 Page 44 of 74 Curlew Bend Vicinity Map Ammon City Council February 05, 2026 Page 45 of 74 Letter of Request for Amending Development Agreement Tri Kore Development Curlew Bend Subdivision 1/28/26 Ammon City, Tri Kore Development is requesting that we amend the existing Development Agreement for the Curlew Bend Townhome Subdivision. Previously, the City Council agreed to alter the conditions pertaining to the 10,000 sq ft commercial building to be constructed on the approximately 1 acre commercial lot on the southeast corner of Curlew Drive and John Adams Parkway. The City Council had agreed to the terms stating that the construction of the commercial building would commence prior to the 30th certiﬁcate of occupancy being issued (of the 58 Curlew Bend townhomes) and that the commercial building would be completed prior to the 50th certiﬁcate of occupancy being issued. These terms were mutually agreed upon by Tri Kore Development and the City Council, however, the terms were never formalized in the Development Agreement. This request is simply to formalize these terms in the existing Development Agreement. Thanks for all of your help and consideration! ______________________________ ___________________ Signed for Tri Kore Development Title __________________ Date Ammon City Council February 05, 2026 Page 46 of 74 Ammon City Council February 05, 2026 Page 47 of 74 Ammon City Council February 05, 2026 Page 48 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 1 of 14 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/CURLEW BEND) THIS AGREEMENT, made and entered into this 4th day of May, 2023, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Party of the First Part, hereinafter called the “City,” and Curlew Townhomes Tri Kore Development, a limited liability corporation, Party of the Second Part, hereinafter called the “Developer.” RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in Bonneville County, Idaho, more particularly described on Exhibit “A” attached hereto and made a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on May 5, 2021, the Curlew Bend preliminary plat was approved by the Planning and Zoning Commission; and WHEREAS, on December 2, 2023 the Curlew Bend Design Review was approved by the City Council; and WHEREAS, on May 20, 2021, the Curlew Bend preliminary plat was approved by the City Council; and WHEREAS, on January 5, 2022, the Curlew Bend final plat was approved by the Planning and Zoning Commission; and WHEREAS, on January 20, 2022, the Curlew Bend final plat was approved by the City Council; and Ammon City Council February 05, 2026 Page 49 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 2 of 14 WHEREAS, the City Engineer has recommended to the City Council of the City that such subdivision be accepted subject to certain requirements and obligations on the part of the Developer; WHEREAS, on January, 20, 2022, the Mayor and City Council of the City of Ammon, Idaho, considered the Curlew Bend Development Agreement for approval; and; WHEREAS, on March 2, 2023, the Mayor and City Council of the City of Ammon, Idaho revoked the Curlew Bend Development Agreement due to no recording of Final Plat or Development Agreement within the required one (1) year timeframe; and; WHEREAS, on April 19, 2023, the Curlew Bend Final Plat was approved by the Planning and Zoning Commission; and WHEREAS, on May 4, 2023, the Curlew Bend Final Plat was approved by the City Council; and; WHEREAS, on December 2, 2021, the Curlew Bend Design Review was approved by the City Council and; WHEREAS, the City Engineer has recommended to the City Council of the City that such subdivision be accepted subject to certain requirements and obligations on the part of the Developer; WHEREAS, on May 4, 2023, the Mayor and City Council of the City of Ammon, Idaho, considered the Curlew Bend Final Plat Standard Development Agreement for approval; and; WHEREAS, the City Council has agreed to accept platting of said lands subject to the following terms and conditions: NOW THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. 2. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the date approved by the City Council. 3. TERM OF AGREEMENT. All rights related to this agreement, including all Developer’s rights herein, shall expire if no building permit has been issued within five (5) years of the Effective Date. 4. DEVELOPER. The term “Developer” and the language of this agreement, whether it is more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. Ammon City Council February 05, 2026 Page 50 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 3 of 14 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Annexation Agreement approved by the Ammon City Council on: March 6, 1986. 5.1.2. Conditional Rezone Agreement approved by the Ammon City Council on August 19, 2021. 5.1.3. Design Review approved by the Ammon City Council on December 2, 2021. 5.1.4. Preliminary Plat approved by the Ammon City Council on January 6, 2022. 5.1.5. Final Plat approved by the Ammon City Council on January 20, 2022. 5.1.6. Improvement Drawings were not approved by the City Engineer with the original Final Plat. 5.1.7. Final Plat was not recorded with Bonneville County and expired on January 20, 2023. 5.1.8. Development Agreement was not signed or recorded and was revoked by the Ammon City Council on March 2, 2023. 5.1.9. Final Plat approved by the Ammon City Council on May 4, 2023 5.1.10. Improvement Drawings approved by the City Engineer on March 13, 2024. 5.2. Any material failure to comply with the terms and conditions of any of the above- referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1. Plan review fees and inspection fees; 5.4.2. Amendments to building, plumbing, fire and other construction codes; 5.4.3. City enactments that are adopted pursuant to State or federal mandates that preempt the City’s authority to vest regulations. 6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e., telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision Ammon City Council February 05, 2026 Page 51 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 4 of 14 development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shall be incorporated herein and made a part hereof by reference. The Developer shall construct and install all such improvements in accordance with the current Edition of the Idaho Standards for Public Works Construction adopted by the City of Ammon including compliance with all other City codes and ordinances including the City of Ammon standards as adopted. Acceptance of improvements to be determined by the City of Ammon only after completed inspections and certification provided by developer from a licensed, professional engineer certifying that said subdivision construction has been completed in compliance with the published standards. The Developer shall make a formal request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or utility improvements as shown on the improvement plans. The Developer shall have the option to install street lights or create a “dark sky” community. If, the Developer chooses to create a “dark sky” community this must be disclosed throughout the development process. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given for each improvement, upon the City Engineer finding the improvement meet standards, can be maintained by the City of Ammon, and will provide public benefits to the Ammon community. 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-case basis to ensure that the retention areas are a public benefit to the Ammon community. Additional improvements may include playground equipment, park amenities, walking paths, park structures, recreation amenities, or other improvements that enhance the public open space and provide benefit to the Ammon community. Satisfactory acceptance by the City of any above-grade improvements to retention areas shall be determined by the City Administrator. 6.4. That Developer shall require all contractors involved in constructing the subdivision improvements to furnish a minimum two (2) year warranty on all materials and workmanship involved. Additional warranty periods may be required in writing by the City on certain materials and products. Said period of warranty shall run from written acceptance given by City Ammon City Council February 05, 2026 Page 52 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 5 of 14 6.5. That Developer shall comply with all City requirements in effect at the time construction is commenced on each said lot. That the Developer shall sell no lots at less than the size required in the zoning for such property. Lot lines may be changed by owners, but no additional building sites may be created without first amending the plat of record. All building and zoning codes must be complied with in the event of any change. 6.6. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement drawings within the development. An 8” diameter sewer line is the general city standard. However, size of sewer line for the subject property will have to be individually established by the City. Should City elect to have installed sewer line in excess of the size needed for this subject development, City agrees to reimburse the Developer only for the material upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized sewer line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. All sanitary sewer design and installation shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other standards as adopted by the City at the time of construction. The property described herein will be serviced by the City of Ammon sewer system, unless specifically agreed to by both developer and the City of Ammon. 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. An 8” diameter water line is the general city standard. However, size of water line for the subject property will have to be individually established by the City. Should the City elect to have installed water line in excess of the size needed for this subject development, City agrees to reimburse the Developer only for the material upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized water line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. That the Developer shall be responsible for extending City water lines to said development through adjacent property if water is required prior to adjacent developers extending water lines to Developer’s property. The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both developer and the City of Ammon. 6.8. Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development. If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing the existing conditions prior to commencement of any construction. At the conclusion of the project, a post-construction survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing any damages caused by construction of the development. Developer shall mitigate and pay or otherwise Ammon City Council February 05, 2026 Page 53 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 6 of 14 reimburse City for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11. That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of the execution of this document. 6.12. That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year warranty period as provided for in the paragraph above, provided such improvements are constructed by Developer. 6.13. That Developer shall provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion or portions of said street or utility improvements he intends to complete at that time. Developer agrees to make such modifications and/or construct any temporary facilities necessitated by such phase construction work as shall be required and approved by the City Engineer. 6.14. That Developer shall immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed utility or street construction. 6.15. That Developer hereby agrees that, upon a finding based upon the sole discretion of the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion or portions or the entirety of said utility or street improvements described in item 6.1. above, need to be completed, in the interest of the health, welfare, and/or safety of the inhabitants of the City, the Developer will within thirty days or such other reasonable time as defined by the City, construct said needed utility or street improvement. If Developer does not construct within said time after written notification of by the Council, the Developer will pay to the City the cost of such construction as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the findings set forth in this paragraph except at a regular or special meeting of the Council and unless the Developer has been notified in writing of the time and place of such Ammon City Council February 05, 2026 Page 54 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 7 of 14 meeting of the City Council at least ten (10) days prior thereto and has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. At or before such hearing, the City Engineer shall furnish the Developer a cost estimate for completing said improvement. In the event the City elects to construct the utilities or street improvements as provided for in this Development Agreement and in the site plan, this Development Agreement shall, upon recording this Development Agreement, constitute a lien against all property in said Development other than those portions for which an occupancy permit has been issued. 6.16. That Developer further agrees that upon his having received written notification from the City Engineer that any of the requirements herein specified have not been complied with, the City shall have the right to withhold the issuance of any certificates of occupancy and the issuance of building permits within such annexed area until such time as all requirements specified herein have been complied with; provided, however, that the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy shall have been denied and shall have the right to be heard as to why such certificate or certificates should be issued. The Council shall then decide whether such certificate or certificates shall be issued and its decision shall be final, except that the rights of parties are preserved at law and equity. 6.17. That Developer agrees and covenants that prior to any construction or any improvements upon any of the area herein agreed, there shall be a final plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer and filed with the County Recorder of Bonneville County, Idaho, as to any areas where improvements are to be commenced. 6.18. That Developer shall dedicate to the City that portion of the proposed property shown on the plats as public streets, easements, and public ways. 6.19. That Developer shall reimburse City for all past and future costs of publications relative to this development until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings for development agreement and zoning changes, ordinance publication costs for development and public hearings, etc. 6.20. In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Developer shall construct said pressurized irrigation system consistent with pressurized irrigation system standards and based on approval by the City Engineer. Developer shall construct a pressurized irrigation system to service all lots, parcels, and common areas within the subdivision. Developer shall receive approval of the pressurized irrigation system design prior to installing any components of the system. Pressurized Irrigation system shall become property of the City of Ammon, provided the following criteria are met: 1) Construction of the system is complete; 2) Developer has shown the system is fully operational for one (1) full operational season; and 3) Developer has shown the system is capable of providing the primary water source for irrigation to all lots and parcels within the subdivision. Developer shall be responsible for all defects and deficiencies in the pressurized irrigation system for two (2) years from the date it Ammon City Council February 05, 2026 Page 55 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 8 of 14 is turned over to the City of Ammon. A guarantee of completion in accordance with City Code 10-29-15 shall be provided prior to issuance of building permits within the subdivision. Upon transfer of the system to the City of Ammon, the City shall be responsible for all operations and maintenance of the pressurized irrigation system. If surface water is not deemed reasonably available minimum compensatory groundwater rights, deemed acceptable by the City of Ammon, may be purchased and transferred to the City of Ammon in accordance with City Code 8-10. 6.21. That Developer agrees no well to provide culinary, irrigation or water for any other use without the written permission by the City Engineer, shall be drilled upon said property after the recording date of this development agreement. Further that any ground water rights including any existing well, lines or other infrastructure on the property shall be dedicated or transferred to the City of Ammon. 6.22. That prior to the issuance of any building permit for buildings in said subdivision, Developer shall construct and install all Public improvements as required by the approved improvement drawings for said subdivision. Public improvements shall include but not be limited to: roads, phone, electric, public water, public sewer, fire protection, cable, fiber ducts, fiber vaults, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 6.23. That developer shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion in compliance with City Code 10-29-15. This guarantee of completion shall be provided in lieu of completing all infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a final plat on property located within this agreement; the developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25. That developer shall pay any front footage fees applicable to said property. 6.26. That developer shall request that the City form a lighting district upon recording of a final plat related to this agreement. Said district shall include all public street/security lighting related to the property within the boundaries of this agreement. Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27. That developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic Ammon City Council February 05, 2026 Page 56 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 9 of 14 study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That Developer shall petition the Eastern Idaho Regional Sewer District (EIRSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSD fee as constituted by EIRSD at the time of the building permit application. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRSD. Developer acknowledges that EIRSD provides wastewater treatment for this development and that the City of Ammon provides no representation to the developer, by the signing of this agreement or otherwise, as to the availability of wastewater treatment. City shall not issue building permits until EIRSD provides written verification that the development can be served for wastewater treatment. All other requirements necessary for the issuance of building permits, as required by the city, must also be met. 6.30. Developer shall install fiber duct and handhold boxes as provided for by City standards for fiber installation at the time of construction. In addition, thereto, the City shall collect and the developer/property owner shall pay, the amount set by the fee schedule as adopted by the City Council when the building permit is issued. 6.31. Developer and/or Property owner shall designate on the required building site plan the location where fiber duct end will terminate. All installation of fiber duct and related infrastructure shall be installed pursuant to the standards adopted by the City of Ammon. 6.32. City shall, upon notification that the fiber duct has been installed, schedule installation of fiber and any other related equipment and infrastructure. 6.33. Developer shall pay Parks Contribution Fee to be dedicated to parks and open space improvements within the general vicinity of the proposed development. This fee shall be the amount as required by the City of Ammon Fee Resolution in effect at the time of the issuance of the building permit. All of the Parks Contribution Fees for the entire development shall be paid prior to issuance of any building permit. 6.34. Developer shall pay the Law Enforcement Contribution Fee, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, for each commercial and/or residential unit. The Law Enforcement Contribution Fee must be paid before issuance of Certificate of Occupancy for the 15th residential unit or prior to February 28, 2026, whichever occurs first, for all units that were permitted before the effective date of this agreement. Ammon City Council February 05, 2026 Page 57 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 10 of 14 7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: Developer shall extend and construct the entirety of Curlew Drive, including street, curb and gutter on both sides of the road, and sidewalks on the project side from the current location to the Development according to the standards required by the City Engineer prior to approval of any building permit for the Development. Developer shall be reimbursed by subsequent developments for the per lineal foot cost of construction of Curlew Drive as the property develops along Curlew Drive that is not a portion the Curlew Bend development. 7.2. SC-2: Developer shall extend and construct the entirety of John Adams Parkway, including street, curb and gutter on both sides of the road, and sidewalks on the project side along the frontage of the Development according to the standards required by the City Engineer prior to approval of any building permit for the Development. If the City of Ammon completes construction of the John Adams Parkway prior to the Developer, The Developer shall pay a frontage fee of $185,010.47 for development of John Adams Parkway, Curlew Drive north of John Adams Parkway, and bridge connecting to 25th East, as required in paragraph 6.12 and 6.25 above prior to first building permit or March 1, 2026, whichever occurs first. If not paid by said date, the same shall become immediately due and owing and if Developer does not pay said front footage fee, the bond shall become immediately responsible for the costs assessed by the City. 7.3. SC-3: Developer shall improve the intersection of Curlew Drive and John Adams Parkway to accommodate fire protection and construction access according to the standards required by the City Engineer prior to approval of any building permit for the development. When the City of Ammon completes construction of the roundabout at the intersection of John Adams Parkway and Curlew Drive the Developer shall pay 25% of cost for construction of the roundabout. 7.4. SC-4: A maximum of 61 residential dwelling units shall be permitted for the Development. 7.5. SC-5: A minimum of 10,000 square feet of commercial space shall be constructed as part of the Development. 7.6. SC-6: The Development plans shall allow for second-story construction to accommodate up to 10,000 square feet of additional commercial space immediately above the commercial space outlined in SC-5 above. 7.7. SC-7: The Developer shall design dwelling units to have a man door from the alley side of the units in addition to the front door. 7.8. SC-8: The Developer shall begin construction of commercial shell property prior to Certificate of Occupancy of the fifteenth thirtieth (30) residential unit and completion of the commercial shell space prior to residential unit thirty fifty (50) Certificate of Occupancy. 7.9. SC-9: There will be no parking allowed along John Adams Parkway or Curlew Drive. 7.10. SC-10: All outdoor lighting fixtures and luminaires shall comply with the outdoor lighting standards established by the International Dark Sky Association 7.11. SC-11: Developer shall connect to the City of Ammon pressurized irrigation system and meet the requirements of 6.20 of this agreement. 7.12. SC-12: Developer shall disconnect any existing irrigation from the City of Ammon’s potable water system. Refund of payment for fees contributed to the Ammon City Council February 05, 2026 Page 58 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 11 of 14 groundwater equivalent for not using pressurized irrigation can be requested after the pressurized irrigation system is inspected and approved by the City Engineer. Payment for water connection and water meters will not be reimbursed. 7.13. SC- 13: Developer shall extend the pressurized irrigation line to the edge of their property line to the east. 8. MISCELLANEOUS PROVISIONS. 8.1. Covenant Running with the Land/Successors and Assigns. Unless this Agreement is modified by mutual written agreement of the Parties or terminated by City, this Agreement and all conditions, terms, duties and obligations included in this Agreement shall be binding upon Owner, each subsequent owner of the Property and every person or entity acquiring any interest in the Property. This Agreement shall constitute a covenant running with the land burdening the Property in favor of City and shall be binding upon Owner, its successors in interest, personal representatives, heirs, vendees and assigns. 8.2. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner must be in writing to be effective and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or Owner of applying to any subsequent breach of any such or other covenants and conditions. 8.3. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed as follows: City: City of Ammon c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Tri Kore Development 1080 Curlew Drive Ammon, ID 83406 (480)686-2380 Or at such other address, or facsimile number, or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. 8.4. Attorney Fees. In the event either party to this Agreement is required to retain the services of an attorney to enforce its rights hereunder, the defaulting party shall pay to the non-defaulting party reasonable attorney fees and costs incurred as a result of such default whether or not litigation is commenced and including reasonable attorney fees and costs on appeal. 8.5. Time is of the Essence. The parties hereto acknowledge and agree that time is hereby made expressly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the Ammon City Council February 05, 2026 Page 59 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 12 of 14 obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. 8.6. Requirement for Recordation. The City shall record this document, including all of the Exhibits, and submit proof of such recording to the Developer. This agreement must be signed within thirty (30) days of City approval. Failure to sign within thirty (30) days will result in this entire agreement being null and void. 8.7. No Precedent. Approval of the Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Development Agreement is not transferable from one parcel of land to another. 8.8. Police Powers. Nothing contained herein is intended to limit the police powers of the City. This Agreement shall not be construed to modify or waive any law, ordinance, rule, or regulation, including without limitation, applicable building codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly provided herein. 8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. CITY OF AMMON, IDAHO DEVELOPER By:___________________________ By: ____________________________ Sean Coletti, Mayor Kade Clinger, Developer ATTEST: _______________________________ Joanna Dahm, City Clerk Ammon City Council February 05, 2026 Page 60 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 13 of 14 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to me be the Mayor of Ammon, the municipal corporation that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: __________ STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Kade Clinger, known or identified to me to be the individual that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: Ammon City Council February 05, 2026 Page 61 of 74 CURLEW BEND STANDARD DEVELOPMENT AGREEMENT - Page 14 of 14 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Township 2 North, Range 38 East of the Boise Meridian, County of Bonneville, State of Idaho. Section 22: Beginning at a point that is S89°20'54"E 1480.61 feet along the Section line and N00°39'06"E 359.94 feet from the West Quarter Corner of said Section 22, said point being on the Easterly right-of-way line of Curlew Drive and running thence N00°18'30"E 845.70 feet along said Easterly right-of-way line to a point on the Southerly right-of-way line of John Adams Parkway extended; thence S89°38'48"E 95.02 feet along said Southerly right-of-way line to the point of curve of a non tangent curve to the right, of which the radius point lies S00°18'13"W a radial distance of 500.00 feet; whose chord bearing is S81°52'11"E with a chord distance of 136.17 feet; thence Easterly along the arc through a central angle of 15°39'11" a distance of 136.60 feet along said Southerly right-of-way line; thence S00°18'13"W 828.48 feet; thence N89°20'45"W 230.00 feet to the Point of Beginning. EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 EXHIBIT C TO DEVELOPMENT AGREEMENT APPROVED DESIGN REVIEW Ammon City Council February 05, 2026 Page 62 of 74 Ammon City Council Meeting February 5, 2026 Mayor Powell and City Councilmembers: Resolution 2026-003 Designate City Property as Surplus Staff Presenting: - Micah Austin, City Administrator Recommendation - Staff recommends designating the equipment and city property items listed in Table 1 as surplus. Summary of Analysis 1. The items listed in the table below no longer have significant value for the City of Ammon. 2. The department heads and City Administrator have reviewed these items and recommend surplusing them to the public. 3. Section 1-13-13 of the Ammon Codified Ordinances allows the City Council to surplus property and provides a public process for selling the property. 4. A public auction website, such as PublicSurplus.com, will be used to surplus the items. The auction website will be open to the public. TABLE 1: City Property/Assets for Surplus City Property/Assets Department VIN/Serial Number Surplus Value 2012 Dodge Grand Caravan (salvaged title) Executive 2C4RDGBG4CR324576 $3,000 Sensus Tower Equipment (Collector/Rectifier) Water n/a $1200 3” Irrigation Handline (14 pcs + accoutrements) Parks N/A $200 2016 Volvo SD115B Soil Compactor Street 236291 $60,000 Total of Surplus Property $64,400 Financial Impact 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council February 05, 2026 Page 63 of 74 - All revenues collected from the surplused property will stay within the fund that owns the asset. Motion “I move to approve Resolution 2026-003 and designate the property listed in Table 1 as surplus as presented.” Attachments: 1. Resolution 2026-003 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council February 05, 2026 Page 64 of 74 CITY OF AMMON BONNEVILLE COUNTY, IDAHO RESOLUTION 2026-003 (Surplus Property) A RESOLUTION RELATING TO SURPLUS PERSONAL PROPERTY; DECLARING CERTAIN PERSONAL PROPERTY SURPLUS; AUTHORIZING AND DIRECTING THE DISPOSAL OF SURPLUS PROPERTY; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Ordinances of the City of Ammon provides for declaration of surplus personal property by resolution; and WHEREAS, the City Council has determined that the surplus property listed in Section 4 is no longer needed by the City; and WHEREAS, the City Council has deemed it unnecessary to maintain ownership of said surplus personal property; and WHEREAS, Section 1-13-13 of the City Code provides for various methods of disposal or transfer of surplus property; and NOW THEREFORE, be it hereby resolved by the Mayor and City Council of the City of Ammon, Bonneville County, Idaho as follows: Section 1. That the City Council does hereby find that the surplus property listed in section 4 of this resolution is no longer needed for the day to day operations of the City. Section 2. That a copy of this Resolution shall be posted in the Clerk’s Office and subject to examination by any interested party. Section 3. Pursuant to the provisions of Section 1-13-13 of the Codified Ordinances of the City of Ammon, State of Idaho, the surplus property listed in Section 4 of this resolution shall be disposed of or transferred as provided for in section 1-13-13 of the Ammon City Code and the disposal or transfer is in the public interest. Section 4. The following items are hereby declared surplus property and shall be disposed of or transferred as directed by Section 3 of this resolution and as permitted by law: Resolution 2026-003 Surplus Property Page 1 of 2 Ammon City Council February 05, 2026 Page 65 of 74 City Property/Assets Department VIN/Serial Number Surplus Value 2012 Dodge Grand Caravan (salvaged title) Executive 2C4RDGBG4CR324576 $3,000 Sensus Tower Equipment (Collector/Rectifier) Water n/a $1200 3” Irrigation Handline (14 pcs + accoutrements) Parks N/A $200 2016 Volvo SD115B Soil Compactor Street 236291 $60,000 Total of Surplus Property $64,400 Approved by the City Council of the City of Ammon this 5 day of February, 2026. ____________________________________ Brian Powell, Mayor ___________________________________ Joanna Dahm, City Clerk Resolution 2026-003 Surplus Property Page 2 of 2 Ammon City Council February 05, 2026 Page 66 of 74 Ammon City Council February 05, 2026 Mayor Powell and City Councilmembers: Consideration of the Vehicle Maintenance Service Repair Contract with Wally’s Auto Repair Staff Presenting: Joanna Dahm, City Clerk and Tony Black Streets/Sanitation Division Director Recommendation - Staff recommends approval of the Vehicle Maintenance Service Contract with Wally’s Auto Repair Summary of Analysis 1. The City received two responses to the RFP one from Wally’s Auto Repair and the other from Ron’s Tire 2. Wally’s Auto Repair was the lowest bid, and has all the necessary equipment and staff to accommodate the city’s needs 3. Joanna and Tony both scored each submittal and Wally’s Auto Repair received 100/100 while Ron’s Tire received 85/100 4. Financial Impact - Motion I move to accept the Proposal submitted by Wally’s Auto Repair for Vehicle Maintenance Services for the City of Ammon and authorize the Mayor to sign the contract. Attachments: 1. Bid Tabulation Sheet 2. Submittals from both Wally’s Auto Repair and Ron’s Tire 3. Scoring Table for selection 4. Independent contractor’s contract with Wally’s Auto Repair 5. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council February 05, 2026 Page 67 of 74 Ammon City CouncilFebruary 05, 2026Page 68 of 74 Ammon City CouncilFebruary 05, 2026Page 69 of 74 Ammon City CouncilFebruary 05, 2026Page 70 of 74 INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT made between the CITY OF AMMON a municipal subdivision of the State of Idaho, herein "CITY" and Wally’s Auto Repair., represented by Wally Stewart, herein "CONTRACTOR", THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT. CITY hereby employs CONTRACTOR as an independent contractor to complete and perform the following project and work: A. Vehicle Repair Services B. Vehicle Maintenance Services C. Performing services in a reasonable timeframe D. Performing all repairs and maintenance to industry standards E. Maintaining all proper paperwork for services and repairs made F. Communicating with City of Ammon staff on all aspects of repairs and obtaining authorization prior to repairs being made G. Ability to handle small and large mechanical failures with minimal downtime for City of Ammon vehicles H. ASE Certified Mechanics to handle routine and preventative maintenance, as well as small and large mechanical failures on an as needed basis I. ASE Certified Mechanics, diagnostic machinery, repair machinery and mechanical repair area large enough to handle the needs of the City of Ammon CONTRACTOR agrees to provide all materials and services for the project in accordance with the attached written specifications. Any additions or deletions to the contract will only be permitted pursuant to an authorized and fully executed change order signed by both the CITY and CONTRACTOR. 2. TIME OF PERFORMANCE AND TERMINATION: Parties agree that: [ ] CONTRACTOR will commence work on the project on February 6, 2026 and continue until February 5, 2027. The contract shall automatically renew thereafter for a consecutive two year period until terminated by either CONTRACTOR or CITY. This Agreement is terminated by 60 days written notice by either party for any reason. 3. COMPENSATION: CITY agrees to pay CONTRACTOR as compensation: [ ] The sum of $103.89 per hour of labor and/or diagnostics, which shall be payable as invoiced by CONTRACTOR. CITY payment schedule shall comply with the terms of the invoice submitted by CONTRACTOR. Further, certificates of insurance of CONTRACTOR or any subcontractor of CONTRACTOR shall be required as a condition of payment. Page 1 Ammon City Council February 05, 2026 Page 71 of 74 4. INDEPENDENT CONTRACTOR: The parties agree that CONTRACTOR is the independent contractor of CITY and in no way an employee or agent of CITY and is not entitled to worker’s compensation or any benefit of employment with the CITY. CITY shall have no control over the performance of this Agreement by CONTRACTOR or its employees, except to specify the time and place of performance, and the results achieved. CITY shall have no responsibility for security or protection of CONTRACTOR' S supplies or equipment. CONTRACTOR agrees to pay and be responsible for all taxes due from the compensation received under this contract. 5. STANDARD OF PERFORMANCE AND WARRANTY: A. Vehicle Maintenance Services: For all vehicle maintenance and repair services described in Section 1(A-G) CONTRACTOR agrees to perform such services with that degree of care, skill, and diligence normally provided by a professional performing similar services. B. Repair Services: For any vehicle repair services or materials provided under Section 1, CONTRACTOR warrants that all materials and goods supplied shall be of good merchantable quality and free from defects. CONTRACTOR warrants all labor and workmanship for such repair services for a period of twelve (12) months following completion. 6. INDEMNIFICATION: CONTRACTOR agrees to indemnify, defend and hold harmless CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the act and/or any performances or activities of CONTRACTOR, CONTRACTOR' s agents, employees or representatives under this Agreement. 7. INSURANCE: CONTRACTOR agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy in the minimum amount of $1,000,000, which shall name and protect CONTRACTOR, all CONTRACTOR' S employees, CITY, and its officers, agents and employees, from and against any and all claims, losses, actions and judgments for damages or injury to persons or property arising out of or in connection with the CONTRACTOR'S acts; CONTRACTOR shall provide proof of liability coverage as set forth above to CITY prior to commencing its performance as herein provided, and require insurer to notify CITY ten (10) days prior to cancellation of said policy. CONTRACTOR warrants it is adequately insured for injuries to its employees or others incurring loss or injury as a result of the acts of CONTRACTOR or its employees or subcontractors and certificate of insurance and worker’s compensation insurance shall be required by CONTRACTOR and all subcontractors of CONTRACTOR 8. WORKERS COMPENSATION: CONTRACTOR shall maintain in full force and effect worker's compensation for CONTRACTOR and any agents, employees, and staff that the CONTRACTOR (including owners of CONTRACTOR) may employ, and provide proof to CITY of such coverage or that such worker' s compensation insurance is not required under the circumstances. INDEPENDENT CONTRACTOR AGREEMENT - Wally’s Auto Repair. (Vehicle Maintenance & Repair Services) Page 2 Ammon City Council February 05, 2026 Page 72 of 74 9. COMPLIANCE WITH LAWS: CONTRACTOR agrees to comply with all federal, state, city and local laws, rules and regulations. 10. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 11. ATTORNEY FEES. Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination of this Agreement. 12. CONDITION. CONTRACTOR agrees to remove all debris and leave the premises in a clean condition. 13. PERMITS. CONTRACTOR shall, at its own expense, obtain all permits necessary for the work to be performed. 14. LICENSING. Because the work as provided for in this Agreement is a public work project, all work shall be performed by individuals duly licensed and authorized by law to perform such work pursuant to the laws of the State of Idaho. Copies of all such licenses shall be provided to the CITY. 15. COMPLIANCE. All work shall be completed in a professional manner and in compliance with all applicable laws, industry standards, specifications, etc. This Independent Contractor Agreement does not create in any form or measure a contract between CITY and any subcontractor of CONTRACTOR herein. Payment to any subcontractor of CONTRACTOR for work performed by any subcontractor of CONTRACTOR shall be paid by CONTRACTOR. To the extent deemed necessary, CITY may jointly pay any payment to CONTRACTOR and CONTRACTOR’S subcontractor. DATED this 5th day of February, 2026. CITY: CONTRACTOR: ___________________________ _________________________________ Mayor Brian Powell Wally Stewart, Owner ATTEST: WITNESS: ______________________________ ____________________________________ Joanna Dahm, City Clerk Witness INDEPENDENT CONTRACTOR AGREEMENT - Wally’s Auto Repair. (Vehicle Maintenance & Repair Services) Page 3 Ammon City Council February 05, 2026 Page 73 of 74 Form and content approved by Scott R. Hall, attorney for City of Ammon. L:\srh\0011\Independent.Contractor.Agm.wpd INDEPENDENT CONTRACTOR AGREEMENT - Wally’s Auto Repair. (Vehicle Maintenance & Repair Services) Page 4 Ammon City Council February 05, 2026 Page 74 of 74