08.19.2021 CouncilPacket
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General Objectives and Characteristics of Zone
Use Requirements
Width Requirements
Special Provisions Regarding Single-Family Attached Townhouse Dwellings
Vehicular Access
Special Provisions Applying To R-3 Zone
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AMMON LIGHTING DISTRICTS No. 1 THROUGH No. 10
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
ORDINANCE 669
ANNUAL APPROPRIATION BILL OF 2021-2022
ANORDINANCEENTITLEDTHEANNUALAPPROPRIATIONSORDINANCEFORTHE
FISCALYEARBEGINNINGOCTOBER1,2021APPROPRIATINGTHESUMOF$25,106TO
DEFRAYTHEEXPENSESANDLIABILITIESOFTHEAMMONLIGHTINGDISTRICTSNo.
1THROUGHNo.10,AMMON,IDAHOFORSAIDFISCALYEAR;AUTHORIZINGAN
ASSESSMENTUPONTHETAXABLEPROPERTYANDSPECIFYINGTHEOBJECTSAND
PURPOSES FOR WHICH SAID APPROPRIATION IS MADE.
BEITORDAINEDBYTHEBOARDOFDIRECTORSOFTHEAMMONLIGHTING
DISTRICTS No. 1 THROUGH No. 10, AMMON, IDAHO, BONNEVILLECOUNTY, IDAHO:
Section1:Thatthesumof$2,900be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.1,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section2:Thatthesumof$3,291be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.2,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section3:Thatthesumof$1,792be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.3,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section4:Thatthesumof$1,515be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.4,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section5:Thatthesumof$1,899be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.5,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section6:Thatthesumof$2,194be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.6,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section7:Thatthesumof$2,589be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.7,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section8:Thatthesumof$3,454be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.8,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section9:Thatthesumof$3,712be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.9,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
Section10:Thatthesumof$1,760be,andthesameisappropriatedtodefraythenecessaryexpenses
andliabilitiesoftheAmmonLightingDistrictNo.10,Ammon,Idaho,BonnevilleCounty,Idahoforthe
fiscal year beginning October 1, 2021.
ORDINANCE 669 LD1 ~ LD10 2021-2022 AMMON LIGHTING DISTRICTS ANNUAL APPROPRIATIONPage1of2
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Section11:Theobjectsandpurposesforwhichsuchappropriationismade,andtheamountofeach
object and purpose is as follows:
ESTIMATED EXPENDITUTES:
LIGHTING DISTRICT FUND
Lighting District No. 1$2,900
Lighting District No. 2$3,291
Lighting District No. 3$1,792
Lighting District No. 4$ 1,515
Lighting District No. 5$1,899
Lighting District No. 6$2,194
Lighting District No. 7$2,589
Lighting District No. 8$3,454
Lighting District No. 9$ 3,712
Lighting District No. 10$1,760
____________________________________________________
TOTAL EXPENDITURES$25,106
Section 12:That a general tax levy on all taxableproperty within the Ammon Lighting Districts No.
1 through No. 10, City of Ammon be levied in an amountallowed by law for the general purposes for said
Lighting Districts, for the fiscal year beginningOctober 1, 2021.
Section 13:This ordinance is hereby declared to beseverable. Should any portion of this ordinance
be declared invalid by a court of competent jurisdiction,the remaining provisions shall continue in full
force and effect and shall be read to carry out thepurpose(s) of the ordinance before the declarationof
partial invalidity.
Section 14:This ordinance shall take effect and bein full force upon its passage, approval and
publication in one issue of the Post Register, a newspaperof general circulation in the area of the Lighting
Districts, and the official newspaper of the Cityof Ammon.
PASSESunder suspension of rules upon which a rollcall vote was taken and duly enacted an Ordinance
of the Ammon Lighting Districts No. 1 through No.10, City of Ammon, Bonneville County, Idaho at a
convened meeting of the Lighting Districts Board heldon the 19th day of August, 2021.
_________________________________
Sean Coletti, Chairman
Ammon Lighting Districts No. 1 through No. 10
ATTEST:
____________________________________
Kristina Buchan, District Clerk
Ammon Lighting Districts No. 1 through No. 10
ORDINANCE 669 LD1 ~ LD10 2021-2022 AMMON LIGHTING DISTRICTS ANNUAL APPROPRIATIONPage2of2
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CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
ORDINANCE #670
ANNUAL APPROPRIATION BILL OF 2021-2022
ANORDINANCEENTITLEDTHEANNUALAPPROPRIATIONSORDINANCE
FORTHEFISCALYEARBEGINNINGOCTOBER1,2021APPROPRIATING
THESUMOF$34,737,102TODEFRAYTHEEXPENSESANDLIABILITIESOF
THECITYOFAMMON,IDAHOFORSAIDFISCALYEAR;AUTHORIZINGA
LEVYOFASUFFICIENTTAXUPONTHETAXABLEPROPERTYAND
SPECIFYINGTHEOBJECTSANDPURPOSESFORWHICHSAID
APPROPRIATION IS MADE; AND PROVIDING FOR AN EFFECTIVEDATE.
BEITORDAINEDBYTHEMAYORANDCOUNCILOFAMMON,
BONNEVILLE COUNTY, IDAHO:
Section1:Thatthesumof$34,737,102be,andthesameisappropriatedtodefraythe
necessaryexpensesandliabilitiesoftheCityofAmmon,BonnevilleCounty,Idahofor
the fiscal year beginning October 1, 2021.
Section2:Theobjectsandpurposesforwhichsuchappropriationismade,andthe
amount of each object and purpose is as follows:
ESTIMATED EXPENDITURES:
GENERAL FUND
Legislative$188,305
Executive1,508,890
Finance889,191
Clerk141,974
Planning & Zoning190,723
Engineering146,324
Fire0
Law Enforcement1,920,512
TOTAL GENERAL FUND$4,985,920
Building$572,127
Parks & Recreation1,215,311
Sanitation1,621,328
Wastewater7,857,088
Street6,938,532
Water5,393,781
Pressurized Irrigation10,000
Technology684,475
Fiber Optics5,458,540
TOTAL EXPENDITURES$34,737,102
Section 3:That a general tax levy on all taxableproperty within the City of Ammon
be levied in an amount allowed by law for the generalpurposes for said City, for the
fiscal year beginning October 1, 2021.
Section 4:This ordinance is hereby declared to beseverable. Should any portion of
this ordinance be declared invalid by a court of competentjurisdiction, the remaining
provisions shall continue in full force and effectand shall be read to carry out the
purpose(s) of the ordinance before the declarationof partial invalidity.
ORDINANCE #6702021-2022 ANNUAL APPROPRIATIONPage1of2
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Section 5:This ordinance shall take effect and be in full force upon its passage,
approval and publication in one issue of the PostRegister, a newspaper of general
circulation in the City of Ammon, and the officialnewspaper of said City.
PASSESunder suspension of rules upon which a rollcall vote was taken and duly
enacted an Ordinance of the City of Ammon, BonnevilleCounty, Idaho at a convened
meeting of the City of Ammon City Council held onthe 19th day of August, 2021.
______________________________
Sean Coletti, Mayor
City of Ammon
ATTEST:
____________________________________
Kristina Buchan, City Clerk
City of Ammon
ORDINANCE #6702021-2022 ANNUAL APPROPRIATIONPage2of2
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Ashland Dr
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Michael & Carissa Coats, 699 Katie Ct. Ammon, ID 83406
White Pines Charter school has not been a good neighbor.Our phone calls are never returned
and our concerns are never addressed when it comesto the school pick up line.
We understand that White Pines is a commuter school,and while we know busses are offered it
is still not enough for the amount of traffic cominginto and out of the school.
We, along with our neighbors, have a very difficulttime entering and exiting our neighborhood,
with the increased traffic on John Adams Parkway andTiebreaker, during school days for White
Pine Charter School. The pickup line of parents intheir vehicles starts 20-30 minutes before
school is dismissed. Katie Court, driveways on JohnAdams and Tiebreaker are regularly
blocked by vehicles. Many days, there will be tworows of vehicles going into the school on John
Adams, not allowing for any other traffic to maneuveraround the traffic gridlock.
We have a child with cerebral palsy, who is bussedby a District 93 special needs bus. Her bus
on a regular basis, cannot make it through the trafficjam on John Adams and Tiebreaker in the
afternoons. The bus driver has a very difficult timegetting around the traffic jam to drop off our
daughter. Once the bus gets into our cul-de-sac,it has to wait longer to get out and back on its
way to drop off other students.
We know this meeting is not about the traffic. Theyare asking to extend the conditional use
permit to continue to have this building.
When they were originally allowed the modular building,it was on the condition that it would not
allow for increased enrollment (Ammon City CouncilJuly 1st 2015). Numbers have obviously
increased, leading to even more traffic into and outof the school.
We feel the school continually says “we’re doing whatwe can” or “when the road goes through it
will fix the issue.” However, we have been waitingfor the development to happen to address this
issue for years and something has to be addressed.
We are formally requesting the City Council to addin conditions on White Pine Charter School,
before extending the conditional use permit. We askthe school, provide daily traffic
guiding/monitoring year-round through the use of employeesor volunteers. Possible placing of
cones to help remind parents that it’s a two laneroad, not to block intersections and allowing
room on the sides for home owners to come and go withoutwaiting in the lines. We also would
ask the school, address the traffic and enrollmentconcerns going forward into the near future.
Thank you for your consideration.
Michael and Carissa Coats
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General Objectives and Characteristics of Zone
Use Requirements
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Ashland Dr
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General Objectives and Characteristics of Zone
Use Requirements
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CITY OF AMMON
ANNEXATION AGREEMENT
“Lot 6” - 2578 E Lincoln Rd
Beginning at a point 32 feet South and 762 feet Eastof the Northwest Corner of Section 15,
Township 2 North, Range 38, East of the Boise Meridian,Bonneville County, Idaho, and
running thence East 85 feet; thence South 235 feet;thence West 85 feet; thence North 235
feet to the Point of Beginning.
Excepting therefrom: any highway or county road rightof ways.
Subject to: all existing patent reservations, easements,right of way, protective covenants,
zoning ordinances and applicable building codes, laws,and regulations.
Otherwise known as 2578 Lincoln Rd and identifiedas Parcel No. RP02N38E153040 in the
current records of Bonneville County
AN ADDITION TO
THE CITY OF AMMON
THISAGREEMENT,madeandenteredintothis_____dayof______________,2021,
byandbetweentheCITYOFAMMON,amunicipalcorporation,oftheCountyofBonneville,
StateofIdaho,PartyoftheFirstPart,hereinaftercalledthe“City,”andJeffreyA.Kaiser,a
property owner of real property in Bonneville County,Idaho, hereinafter “Owner”.
WITNESSETH:
WHEREAS, the Owner is the sole owner, in law and/orequity, of a certain tract of land
in Bonneville County, Idaho, more particularly describedon Exhibit “A” attached hereto and
made a part hereof; and
WHEREAS,theOwner,assoleownerofsaidland,hasmaderequesttotheCityof
Ammon to have the same accepted and annexed to saidCity; and
2578 Lincoln Rd. ANNEXATION AGREEMENT - Page1of5
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WHEREAS,theCityEngineerhasrecommendedtotheCityCounciloftheCitythat
such annexation be accepted; and;
WHEREAS,theCityCouncilhasagreedtoacceptandannexsaidlandstotheCity
subject to the following terms and conditions:
NOW THEREFORE, it is hereby agreed as follows:
1.ThatOwner,jointlyandseverally,forhimself,hisheirs,representatives,itself,their
successorsandassigns,doesherebyvoluntarilyagreetoallowtheCityCouncilofthe
City of Ammon to annex Owner’s property.
2.ThatCityagreestoallowallcurrentlandusestocontinueasconductedbyOwner,
irrespectiveofanyunderlyingzoningestablishedbytheCityfromtimetotime.If
Owner,JeffreyA.Kaiser,nolongerownsthisproperty,thisprovisionshallbenulland
void.
3.ThatCityagreestoextendtheAmmonFiberopticsystemandprovideafiberopticcable
connectiontoOwneratnocosttoOwner.IfOwnerchoosestoutilizetheAmmonFiber
Opticconnection,Ownerwouldbesubjecttoanyoperational,maintenance,andprovider
fees that may apply to their service.
4.ThatCityagreestohirealicensedsurveyortosurveythepropertyanddeliversaidsurvey
to Owner.
5.ThatCitywillnotprovidewaterandsewerservicestothislocationandOwnerwill
continue to use the water and sewer services availableto them.
6.Theterm“Owner”andthelanguageofthisagreement,whetheritismorethanone
Owner,shallbeconstruedasplural,andifthereareanypartiesthatarefeminineorare
firmsorcorporations,themasculineshallincludethefeminineandtheneuter.Allterms
and conditions of this agreement shall run with theland.
INWITNESSWHEREOF,theCityhasbyresolutiondulypassed,executedthis
agreementbythesignatureoftheMayor,attestedbytheCityClerk,andtheOwnerhascaused
this agreement to be duly executed the day and theyear first above written.
ATTEST:CITY OF AMMON, IDAHO
___________________________________By:_________________________________
Kristina Buchan, City ClerkSean Coletti, Mayor
Owner: Jeffrey A. Kaiser
By:_________________________________
2578 Lincoln Rd. ANNEXATION AGREEMENT - Page2of5
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STATE OF IDAHO)
:ss.
County of Bonneville)
Onthis_____dayof_______________,2021beforemetheundersigned,aNotaryPublicin
andforsaidState,personallyappearedSeanColetti,knownoridentifiedtometobetheMayor
oftheCityofAmmonandacknowledgedtomethatheexecutedthatsameasmayoroftheCity
of Ammon.
IN WITNESS WHEREOF: I have set my hand and affixedmy official seal the day and year first
above written.
____________________________________
Sean Coletti
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date: _________
STATE OF IDAHO)
:ss.
County of Bonneville)
Onthis_____dayof_______________,2021beforemetheundersigned,aNotaryPublicin
andforsaidState,personallyappeared_________________,andknownoridentifiedtometo
bethepersonwhosenameissubscribedtothewithininstrumentasOwnerandacknowledgedto
me that he executed the same.
IN WITNESS WHEREOF: I have set my hand and affixedmy official seal the day and year first
above written.
____________________________________
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date:
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EXHIBIT A
TO
ANNEXATION AGREEMENT
Legal description of property to be annexed intothe City of Ammon:
“Lot 6” - 2578 E Lincoln Rd
Beginning at a point 32 feet South and 762 feet Eastof the Northwest Corner of Section 15,
Township 2 North, Range 38, East of the Boise Meridian,Bonneville County, Idaho, and running
thence East 85 feet; thence South 235 feet; thenceWest 85 feet; thence North 235 feet to the
Point of Beginning.
Excepting therefrom: any highway or county road rightof ways.
Subject to: all existing patent reservations, easements,right of way, protective covenants, zoning
ordinances and applicable building codes, laws, andregulations.
Otherwise known as 2578 Lincoln Rd and identifiedas Parcel No. RP02N38E153040 in the
current records of Bonneville County
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CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
SUMMARY OF
ORDINANCE NO: #667
AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY
OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH
PARTICULARITY SAID LANDS TO BE ANNEXED AND ZONED AND
HEREBY ANNEX AND ZONE AND DECLARING SAID LANDS A PART OF
THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING
THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS
AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF
AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS
ORDINANCE AND OF THE ANNEXATION OF SAID LANDS.
(2578 Lincoln Road)
Office, 2135 S. Ammon Road, Ammon, Idaho.
ATTEST: CITY OF AMMON
_______________________ ________________________
Kristina Buchan, City Clerk Sean Coletti, Mayor
I have reviewed the foregoing summary and I believe that it provides a true and
complete summary of Ordinance #667 and the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this 19th day of August, 2021.
__________________________
Scott Hall, City Attorney
Ordinance #667 Lincoln Road Parcel Annexation Page 4 of 4
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PROCEDURES
PROCEDURE TO ADOPT AN ORDINANCE
Ordinance No. 667 introduced and read by title:
AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON,
BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO
BE ANNEXED AND ZONED AND HEREBY ANNEX AND ZONE AND DECLARING SAID
LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO;
DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS
AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO;
PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE
ANNEXATION OF SAID LANDS. (2578 Lincoln Road)
Councilperson moves:
the rule requiring the reading of the
ordinance on three different days and that
the three rea
Councilperson seconds:
Roll call vote on motion.
Ordinance again read by title and read in full.
AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON,
BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO
BE ANNEXED AND ZONED AND HEREBY ANNEX AND ZONE AND DECLARING SAID
LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO;
DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS
AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO;
PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE
ANNEXATION OF SAID LANDS. (2578 Lincoln Road)
Councilperson moves:
667
and summary as an ordinance of the City
o
Councilperson seconds:
Roll call vote.
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o
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o
o
o
o
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o
o
o
o
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CONDITIONAL REZONE AGREEMENT
CURLEW BEND
(CITY OF AMMON/ CURLEW TOWNHOMES)
THIS AGREEMENT, made and entered into this 15 day of April, 2021, by and between
the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho,
Curlew Townhomes and/or assigns,
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
rezone the property described in Exhibit A from General Commercial 1 (GC-1) to Mixed Use
(MU), and
WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and
WHEREAS, on March 18, 2021, the Ammon City Council conditionally approved the request to
rezone the property; and
WHEREAS, in accordance with Idaho Code 67-6511A, the Ammon City Council requires the
Developer to agree to a Conditional Rezone Development Agreement as a condition of approving
the rezone request; and
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.
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2. Effective Date of Agreement. This Agreement shall be effective as of the date approved
by the City Council.
3. Term of Agreement.
herein, shall expire if no building permit has been issued within five (5) years of the
Effective Date.
4. Developer.
than one developer, shall be construed as plural, and if there are any parties that are
feminine or are firms or corporations, the masculine shall include the feminine and the
neuter. All terms and conditions of this agreement shall run with the land.
5. Incorporation of Related Agreements, Approvals, Plans, Permits and other
documents. 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.
a. Description of property, included as Exhibit A to this agreement.
b. Curlew Bend Concept Plan as presented to the City Council on March 18, 2021,
included as Exhibit B to this agreement.
c. Findings of Fact, Conclusions of Law and Decision on Rezone Request: April 15,
2021 included as Exhibit C to this agreement.
d. Ordinance 660, approving the conditional rezoning of the property, approved on
April 15, 2021 included as Exhibit D to this agreement.
6. Breach of Agreement. Any material failure to comply with the terms and conditions of
this agreement and any of the above-referenced agreements, approvals, plans, permits and
other documents shall constitute a breach of this Agreement. In the event of a Breach of
Agreement, or failure to proceed under the Term of this agreement in Paragraph #3 above,
the underlying zoning of Exhibit A shall revert back to General Commercial 1 (GC-1).
7. Governance. 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.
8. Conditions of Rezone Approval. The following conditions are required of the Developer.
Prior to approval of any building permit for the development, all of the following
conditions shall be completed by the Developer:
a. Traffic Improvements.
i. Minimum Improvements. The Developer agrees to the following:
1. Extend and construct Curlew Drive from the south to the
Development according to the standards required by the City
Engineer.
2. Extend and construct John Adams Parkway along the frontage of the
Development according to the standards required by the City
Engineer.
3. Improve the intersection of Curlew Drive and John Adams Parkway
to accommodate fire protection and construction access.
b. Water Study. A water study shall be completed showing how the development will
be serviced with culinary water and irrigation water, the impact the development
will have on existing groundwater rights, and the upgrades necessary to the Ammon
city water system and irrigation system to fully service the development. The water
study shall be completed by the City of
to approval of a final plat, the Developer shall pay all costs associated with
completing the water study.
c. Wastewater Study. A wastewater study shall be completed showing how the
development will be serviced for wastewater, the impact the development will have
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on existing wastewater systems, and the upgrades necessary to the Ammon
wastewater system to fully service the development. The wastewater study shall
ense. Prior to approval
of a final plat, the Developer shall pay for all costs associated with completing the
wastewater study.
d. Wastewater Connection Fee. The Developer is required to pay for sewer
connection fees due to 1) the Eastern Idaho Regional Wastewater Authority
(EIRWWA); and 2) the City of Ammon, when submitting for a building permit.
The City of Ammon cannot guarantee sewer capacity will be sufficient to handle
the development and cannot award capacity on behalf of EIRWWA.
e. Architectural and Site Plan Design. Prior to approval of a preliminary plat for the
proposed development, the City Council shall approve the final project design
including architectural plans, landscape plans, outdoor lighting plans, and
circulation plans. The approval shall not be unreasonably withheld. The following
shall be required in the final project design when submitted to the City Council:
i. Except as otherwise indicated in this agreement, the project design shall
generally align with Exhibit B to this Agreement. Exhibit B represents the
project concept as submitted to the City Council for consideration on March
18, 2021.
ii. All outdoor lighting fixtures and luminaires shall comply with the outdoor
lighting standards established by the International Dark Sky Association.
iii. A maximum of 61 dwelling units shall be permitted for the Development.
iv. A minimum of 10,000 square feet of commercial space shall be permitted
for the development.
v. The development plans shall allow for two-story construction to
accommodate up to 10,000 square feet of additional commercial space.
f. Parks and Open Space. The Developer shall pay $480.00 per residential unit to
be dedicated to parks and open space improvements within the general vicinity of
the proposed development. The same shall be paid prior to issuance of any building
permit. In lieu of a payment, the Development may propose donation of real
property or provide in-kind improvements to public parks at the direction of the
City Administrator.
g. Maximum Density of Project. The proposed development shall not exceed 61
dwelling units.
h. Fiber Optic. The development shall be connected to the City of Ammon Fiber
Optic network.
i. Development Agreement. Upon approval of a final plat for the development, the
Developer shall enter into an additional development agreement that specifies
standard infrastructure requirements for all projects constructed in the City of
Ammon and any special conditions specific to the development.
9. Miscellaneous Provisions.
a. 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 the 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 the City and shall be binding upon the Owner, its successors in interest,
personal representatives, heirs, vendees and assigns.
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b. 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.
c. 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:
Curlew Townhomes
Mike Reynolds
1289 Stone Drive
Rexburg, ID 83440
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.
d. 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.
e. Time is of the Essence. The parties hereto acknowledge and agree that time is
hereby made expressly of the essence with respect to each and every term,
condition, and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of and a default under this
Agreement by the party so failing to perform.
f. Requirement for Recordation. Owner shall record this document, including
all of the Exhibits, and submit proof of such recording to the City. Failure to
comply with this section shall be deemed a default of this Agreement by Owner.
g. 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.
h. 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.
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Ammon City Council 08.19.2021Page 112 of 116
i. 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.
j. 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.
ATTEST: CITY OF AMMON, IDAHO
___________________________ __________________________
Kristina Buchan, City Clerk Sean Coletti, Mayor
___________________________
Mike Reynolds, Curlew Townhomes
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STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2021 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.
Kristina Buchan
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 _______________, 2021 before me the undersigned, a Notary Public in and
for said State, personally appeared Mike Reynolds, 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:
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EXHIBIT A
TO
CONDITIONAL REZONE AGREEMENT
ORDINANCE 660
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EXHIBIT B
TO
CONDITIONAL REZONE AGREEMENT
CURLEW BEND CONCEPT PLAN
DATED 3/18/2021
AS PRESENTED TO THE CITY COUNCIL
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