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02.19.2026 City Council Packet AMMON CITY COUNCIL MEETING February 19, 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: February 5 and 12, 2026 – Regular Meetings - Page 2 PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) PUBLIC HEARINGS: 1. 2026-004 FY25 Budget Opening ACTION ITEMS: 1. Ordinance 745 Fiscal Year 2025 Budget Appropriation Amendment (Jennifer Bellfield, Finance Director) - Page 9 2. Riviera Park Master Plan Amendment - (Cindy Donovan, City Planner) - Page 14 3. Curlew Bend Development Agreement - (Cindy Donovan, City Planner) - Page 29 DISCUSSION ITEMS: 1. 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 - March 05, 2026, City Council - March 12, 2026, Work Session - March 19, 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: 746 Ammon City Council February 19, 2026 Page 1 of 48 AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 05, 2026 – 6:00 P.M. 2135 SOUTH AMMON ROAD 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 ACTION ITEMS: 1. Kartchner Future Land Use Map Amendment - (Cindy Donovan, City Planner) 2. Kartchner Rezone from C-1 and R3-A to R2-A - (Cindy Donovan, City Planner) 3. Curlew Bend Development Agreement Amendment - (Cindy Donovan, City Planner) 4. Consideration of Resolution 2026-003-Declare Surplus - (Micah Austin, City Administrator) 5. Consideration of Vehicle Maintenance Service Contract with Wally’s Auto Repair- (Joanna Dahm, City Clerk & Tony Black, Streets/Sanitation Division Director) DISCUSSION ITEMS: 1. Title 10 Chapter 29 Master Plan language amendment 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 Councilmember Sid Hamberlin City Attorney Scott Hall City Administrator Micah Austin City Clerk Joanna Dahm City Planner Cindy Donovan City Engineer Morgan Stewart Streets/Sanitation Division Director Tony Black City Officials Absent: CALL TO ORDER: Mayor Brian Powell called the meeting to order at 6:00 p.m. Council Member Wheeler led the pledge of allegiance and Council Member Oswald gave a prayer. Ammon City Council Regular Meeting 02.05.2026 Page 1 of 5 Ammon City Council February 19, 2026 Page 2 of 48 CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: January 22, 2026 – Regular Meetings It was moved by Council Member Fullmer and seconded by Council Member Wessel to approve the Consent Agenda Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. PUBLIC COMMENT: None ACTION ITEMS: 1. Kartchner Future Land Use Map Amendment - (Cindy Donovan, City Planner) The property is located within the Urban Renewal District. Planning and Zoning did approve this change. Staff recommends declining these changes. Mayor Powell discussed how he remembers sitting down with Troy Kartchner about this piece of land and how he wanted it zoned for commercial use as he felt it would be good planning for this area. Now there is a request going against that plan. City Planner Donovan stated both Michael Henerdson and Dan Kartchner are both in the audience if there are any questions. City Attorney Scott Hall stated all questions should go to City Planner Donovan since this is not a public hearing. Council Member Hamberlin asked if Cindy knows the reason behind wanting the change. City Planner Donovan stated it is just because of the lack of interest in the Commercial lot. Council President Scott Wessel spoke about there being a lack of interest due to the condition of 1st street, which will be improved. He mentioned all the commercial development in that area. He also stated how commercial development is the best on main roads. He also spoke about the future commercial that is going in the area. Council President Wessel stated you don’t give up commercial land because you will not get it back, it is not in the City’s best interest. Council Member Oswald stated she feels we need more commercial areas not less. She feels that once the road is done it will be a beautiful commercial area that will attract a lot of businesses. Council Member Fullmer stated we can only go so far North and this is an important piece. Council Member Oswald stated this is a major arterial and feels the City shouldn’t give it up. City Attorney Scott Hall asked the Council if they feel they need to have another public hearing on this. All Council Members were in agreement that no further public hearings were needed and that the previous public hearing was notified substantially. It was moved by Council President Wessel and seconded by Council Member Wheeler to deny the Future Land Use Map Amendment due to it not being in compliance with the comprehensive plan Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 2. Kartchner Rezone from C-1 and R3-A to R2-A - (Cindy Donovan, City Planner) Ammon City Council Regular Meeting 02.05.2026 Page 2 of 5 Ammon City Council February 19, 2026 Page 3 of 48 It was moved by Council President Wessel and seconded by Council Member Fullmer to deny the Kartchner Rezone from C-1 and R3-A to R2-A as it doesn’t comply with the comprehensive plan Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 3. Curlew Bend Development Agreement Amendment - (Cindy Donovan, City Planner) There was discussion concerning the changes in the development contract that are being sought. This was something that was brought before Council two years ago and then they never filed an application to amend. City Planner Donovan stated they have already paid the park's contribution. The amendment would require them to pay the law enforcement contribution. Council President Wessel stated if we keep extending how many residential units they can keep building and we don’t require them to build the commercial shell it may never get done. Mayor Powell showed frustration that no one showed up to speak on behalf of the requested amendment, he stated if the amendment was that important to their project the developer should be there. It was moved by Council Member Wessel and seconded by Council Member Hamberlin to deny the Curlew Bend Development Agreement Amendment Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 4. Consideration of Resolution 2026-003-Declare Surplus - (Micah Austin, City Administrator) City Administrator Micah Austin gave a brief run down of the items listed for Surplus. The Council decided to transfer the Sensus Tower Equipment (collector/rectifier) to the City of Kimberly without any charge. It was moved by Council Member Boyle and seconded by Council Member Oswald to approve the Resolution 2026-003-Declaring Surplus Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 5. Consideration of Vehicle Maintenance Service Contract with Wally’s Auto Repair- (Joanna Dahm, City Clerk & Tony Black, Streets/Sanitation Division Director) City Clerk Joanna Dahm read through the staff report concerning the RFP for Vehicle Maintenance Services and explained to the Council that the City had only received two. Staff recommended awarding the contract to Wally’s as they had met every expectation of the RFP and had scored the highest on the scoring criteria. It was moved by Council Member Oswald and seconded by Council Member Fullmer to approve the Vehicle Maintenance Service Contract with Wally’s Auto Repair Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. Ammon City Council Regular Meeting 02.05.2026 Page 3 of 5 Ammon City Council February 19, 2026 Page 4 of 48 DISCUSSION ITEMS: 1. Title 10 Chapter 29 Master Plan language amendment City Planner Donovan stated that there are a couple things that they would like to change because we have had issues arise. Changes are needed to 10-29-2, 10-29-6, 10-29-15 and 10-29-7. 10-29-2 would update the reference to the state code. 10-29-2 to concerning right of way and lot line adjustments. These changes come due to people building fences into other peoples property. There may have been agreements between previous home owners however when there are new homeowners this causes issues. We would like to add it into the fee resolution to offset staff time for research on these issues. Other changes are needed to language 2. Miscellaneous Council Member Fullmer-Stated he had a great State Capitol Day. We also met with the Boise State Athletic Department which went well. They showed us their analytics and how they create their models for players, it was very informative. Council Member Boyle-Stated she is surprised by the disconnect between P&Z and Council. Will our reasoning be passed back to P&Z on the Kartchner Rezone decision. City Planner Donovan stated yes that will be conveyed to P&Z. She asked when the Council will begin discussing the budget, City Administrator Micah Austin stated it will be May. Council President Wessel - He stated since the Hitt Road Urban District is finished he has been speaking with Tyler Draney about the declaring the Target Park. He asked City Administrator Micah Austin how big that parcel is. City Administrator Austin stated it is 0.88 acres, that is 38,549 square feet, it was valued at $12 per square foot, it was valued by Dustin Barron the County Assessor at $462,588.00. City Attorney Scott Hall stated that it depends on if it is buildable. Council President Wessel stated he believes we should put a price of $100,000 on it. He stated no one is going to take their child to that park on a busy road. He stated the money should go into replacing equipment at another playground. City Planner Donovan stated before anything is done she would like to make sure it is a buildable lot first. Council President Wessel stated maybe Target would be interested in it. City Administrator Austin will bring it back before Council to declare it surplus. Council Member Oswald - Asked if there are any restrictions that can be put on Short Term Rentals. Council Member Fullmer stated there is a bill at the state level that could be going before legislators. Council Member Oswald also thanked the Street Department for working on the pot hole filling. Council Member Wheeler - Thank you to the Parks Department for putting on the Scavenger Hunt again this year. City Administrator Micah Austin - Contribution fees have not been updated for a couple years. He has a meeting next week to look at those. Jennifer Belfield asked him to bring up Street Ammon City Council Regular Meeting 02.05.2026 Page 4 of 5 Ammon City Council February 19, 2026 Page 5 of 48 Contribution fees which we currently don’t have. Is the Council interested in having one? These would be part of the development contract. City Attorney Scott Hall stated the more contribution fees you have the more you open up to litigation. So be cautious. City Administrator Micah Austin stated that our contribution fees are different from impact fees. The Fire District would like to surplus four vehicles, he asks the Council if there are any concerns with that. Council President asks if we surplus it, do we get the money or the Fire District. City Administrator Micah Austin stated that the City will get the money. The money goes into our Fire Rescue account. That account is in case the Fire District ever went away we could have our own Fire Department. City Clerk Joanna Dahm - Anyone who wants to attend the AIC District Meeting please let me know within the next two weeks so you can be registered. Secondly, Tuesday February 17th the Mayor’s Scholarship Fund needs someone to help judge the applications for scholarships. Mayor Powell can attend the morning session but needs someone to step in for the afternoon session. The session runs from 12:30 to 4:30pm. Mayor Powell - Asks the City Council if they would be open to other faiths coming in to give prayer instead of it always being given by Council. The Council all think it's a great idea. In the last week of February there is the National Read-a-thon. Is there any interest from Council to go to schools in the area to read to the students or with them? All were in favor. Mayor Powell asked if anyone on the Council would be interested in helping to coordinate City Hall for a Day with the high schools? If anyone is interested let him know. ADJOURN at 8:19 pm ______________________________ Brian Powell, Mayor ______________________________ Joanna Dahm, City Clerk Ammon City Council Regular Meeting 02.05.2026 Page 5 of 5 Ammon City Council February 19, 2026 Page 6 of 48 AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 12, 2026 – 4:30 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: - Mayor Brian Powell at 4:30 p.m. DISCUSSION ITEMS: 1. Dustin Barron-Bonneville County Assessor 2. Clearwater Financial ADJOURN MINUTES City Officials Present: Mayor Brian Powell Council President Scott Wessel Councilmember Nolan Wheeler Councilmember Kris Oswald Councilmember Heidi Boyle Councilmember Jeff Fullmer Councilmember Sid Hamberlin City Attorney Scott Hall City Administrator Micah Austin City Clerk Joanna Dahm City Planner Cindy Donovan City Engineer Morgan Stewart Building Official Greg McBride Human Resource Specialist Rebby Osai Customer Service Supervisor Crystal Byington Customer Service Representative Taylor Winger City Officials Absent: CALL TO ORDER: Mayor Brian Powell called the meeting to order at 4:34 p.m. DISCUSSION ITEMS: 1. Dustin Barron-Bonneville County Assessor Dustin Barron with Bonneville County came before Council and staff to explain assessment of property, tax roles and how valuations are conducted for properties within the county. He also spoke about the difference between residential and commercial and tax valuations on those properties. He stated there are roughly 67,000 properties they evaluate each year and every property must be valued every five years. He stated that you can’t necessarily compare homes in Ammon City Council Regular Meeting 02.12.2026 Page 1 of 2 Ammon City Council February 19, 2026 Page 7 of 48 different neighborhoods and subdivisions just because the have the same number of bedrooms or bathrooms, there are a lot of factors that come into play when doing valuations. 2. Clearwater Financial-Cameron Arial and Justin Perry Cameron Arial and Justin Perry had a slide presentation that they shared with the City Council and staff defining CID’s, how they work, as well as Pros and Cons to both. They explained how CID’s help to fund infrastructure without the City having to use their funds to put in infrastructure upfront. Miscellaneous- Council Member Oswald - speaking on behalf of Council President Scott Wessel, he stated the windows on Sage Park windows on two new windows on the East facing side are 4x4 but they need to be 4x2. City Planner Donovan stated they have a new person managing construction so it may have been missed. Also from Council President Wessel Zupas has customers parking in the Bike Lane. She asked if putting up signs would help. Mayor Powell is asked if there is anything we can do. City Planner Donovan stated it is stripped as a bike lane. Council Member Fullmer - Asked if we have heard from the Curlew Bend Developers. City Planner Donovan stated yes we had a meeting with them today. Mayor Powell stated it was a good meeting. Mayor Powell stated their agreement will come before Council again next week. City Attorney Scott Hall - Asked about the Church going in on the lot at the round-a-bout on John Adams. He stated they are none taxable and that is a major piece of property, it is financially in the wrong spot for it. Council Member Oswald asked if there is anything we can do about it. City Administrator Micah Austin stated he doesn’t think we can do anything about this one, but going forward we could change language so places of worship couldn’t go into commercial spaces. Council Member Wheeler - Stated he hasn’t been able to attend a Fire District meeting due to the time being now the second Thursday of the month at 6pm at the Fire Station. Mayor Powell stated he believes it is important to attend at least every other month, feel free to just step out if we are still in our meeting. City Administrator Micah Austin - Informed the Council that Hillcrest is doing a play, As You Like It, and Friday is the last night for a showing if you want to attend. ADJOURN at 7:08 pm ______________________________ Brian Powell, Mayor ______________________________ Joanna Dahm, City Clerk Ammon City Council Regular Meeting 02.12.2026 Page 2 of 2 Ammon City Council February 19, 2026 Page 8 of 48 City Council Meeting: February 19, 2026 Mayor Powell and City Councilmembers: FY 2025 Budget Appropriations Amendment Covers Oct. 1, 2024 – Sept. 30, 2025 Department Head - Jennifer Belfield Recommendation - Recommend approving/accepting Ordinance 745 - Budget Appropriation Amendment to Fiscal Year 2025. Summary of Analysis - Street Fund: The State of Idaho reconstructed the 17th Street Bridge. All invoices and payments were processed through the State of Idaho. The City of Ammon accepted the bridge and we added it as a fixed asset (we credited revenue GL # 60-370-710 - Donated Assets, and debited expense GL # 60-460-700 - Capital Outlay – New). The low bid was $2,660,588, so that is the vendor that did the project and the amount we used for the value of the bridge. - Street Fund: The City of Ammon expanded the 1st Street Bridge in preparation for expanding 1st Street from 25th E to 35th E. - Building Fund: The Building Fund originally budgeted to replace one vehicle. One vehicle got in an accident, so two vehicles were purchased. - Pressurized Irrigation Fund: The Pressurized Irrigation Fund had unexpected repairs that had to be taken care of during the irrigation season. - Sanitation Fund: When budgeting for depreciation, we use the actual amount from the last audit. In the Sanitation Fund, 2025 was the first year to depreciate the new Sanitation building, so the amount budgeted for depreciation was too low. - The Notice of Public Hearing published in the Post Register on February 4 and 13, 2026. Financial Impact 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council February 19, 2026 Page 9 of 48 Motion “I move to approve/accept Ordinance 745 - Budget Appropriation Amendment to Fiscal Year 2025 as presented.” Attachments 1. Notice of Public Hearing #2026-004, Proposed Budget Amendment for Fiscal Year 2024-2025 (FY 2025). 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council February 19, 2026 Page 10 of 48 711687 ADVERTISING INVOICE APG West Payment Processing PO Box 1570 Pocatello, ID 83204 Ph. (208) 542-6712 CITY OF AMMON, IDAHONOTICE OF PUBLIC HEARING #2026-004PROPOSED BUDGET AMENDMENT FOR FISCAL YEAR 2024-2025 (FY 2025) NOTICE IS HEREBY GIVEN that the City Council of the City of Ammon, Idaho, will hold a public hearing for consideration of an amendment to the budget for the fiscal period October 1, 2024 to Sep-tember 30, 2025, pursuant to the provisions of Section 50-1002, Idaho Code. The hearing will be held at City Hall, Ammon, Idaho, at 6:00 p.m., on February 19, 2026. All interested persons are invited to appear and show cause, if any, why such proposed appropriations ordinance amendment should or should not be adopted. Copies of the proposed budget amendment in detail are available at City Hall during regular office hours (9:00 a.m. to 5:00 p.m. Monday - Friday). Anyone desiring accommodations for disabilities, please call City Hall at (208) 612-4000 at least 48 hours prior to the public hearing. The proposed amendments are because the Street Fund reconstructed 17th St Bridge and expanded 1st St Bridge, the Building Fund purchased a vehicle, the Pressurized Irrigation Fund had unex-pected repairs, and the Sanitation Fund had higher depreciation due to the new building. FY 2023 FY 2023 FY 2024 FY 2024 FY 2025 FY 2025 FY 2025 Actual Actual Actual Actual Budgeted Budgeted Increase OverFund Name Expenditures Revenues Expenditures Revenues Expenditures Revenues Original Appropriation Streets $1,819,963 $2,908,472 $ 6,306,765 $ 3,430,974 $ 4,161,762 $ 2,019,462 $ 3,200,000 Building $ 597,003 $ 571,580 $ 648,020 $ 847,345 $ 790,275 $ 796,594 $ 40,000 Pressurized Irrigation $ 9,290 $ 2,064 $ 3,978 $ 23,160 $ 35,000 $ 35,855 $ 10,000 Sanitation $ 819,116 $ 851,578 $ 870,558 $ 1,020,916 $ 891,683 $ 997,902 $ 92,000 Dated this 28 day of January, 2026. Jennifer BelfieldFinance DirectorPublished: February 4, 13, 2026 (PR10895-711687) CITY OF AMMON 2135 S AMMON ROAD IDAHO FALLS, ID 83406 BILLING DATE: ACCOUNT NO: 01/28/26 10895 AD #DESCRIPTION START STOP TIMES AMOUNT 02/04/26 02/13/26 4 $208.55CITY OF AMMON, IDAHO711687 Discount: $0.00 Surcharge: $0.00 Credits: $0.00 We Appreciate Your Business! Gross:$208.55 Paid Amount:$0.00 Amount Due:$208.55 Payments: Date Method Card Type Last 4 Digits Check Amount Ammon City Council February 19, 2026 Page 11 of 48 AD# 711687AD# CITY OF AMMON, IDAHO NOTICE OF PUBLIC HEARING #2026-004 PROPOSED BUDGET AMENDMENT FOR FISCAL YEAR 2024-2025 (FY 2025) NOTICE IS HEREBY GIVEN that the City Council of the City of Ammon, Idaho, will hold a public hearing for consideration of an amendment to the budget for the fiscal period October 1, 2024 to Sep- tember 30, 2025, pursuant to the provisions of Section 50-1002, Idaho Code. The hearing will be held at City Hall, Ammon, Idaho, at 6:00 p.m., on February 19, 2026. All interested persons are invited to appear and show cause, if any, why such proposed appropriations ordinance amendment should or should not be adopted. Copies of the proposed budget amendment in detail are available at City Hall during regular office hours (9:00 a.m. to 5:00 p.m. Monday - Friday). Anyone desiring accommodations for disabilities, please call City Hall at (208) 612-4000 at least 48 hours prior to the public hearing. The proposed amendments are because the Street Fund reconstructed 17th St Bridge and expanded 1st St Bridge, the Building Fund purchased a vehicle, the Pressurized Irrigation Fund had unex- pected repairs, and the Sanitation Fund had higher depreciation due to the new building. FY 2023 FY 2023 FY 2024 FY 2024 FY 2025 FY 2025 FY 2025 Actual Actual Actual Actual Budgeted Budgeted Increase OverFund Name Expenditures Revenues Expenditures Revenues Expenditures Revenues Original Appropriation Streets $1,819,963 $2,908,472 $ 6,306,765 $ 3,430,974 $ 4,161,762 $ 2,019,462 $ 3,200,000 Building $ 597,003 $ 571,580 $ 648,020 $ 847,345 $ 790,275 $ 796,594 $ 40,000 Pressurized Irrigation $ 9,290 $ 2,064 $ 3,978 $ 23,160 $ 35,000 $ 35,855 $ 10,000 Sanitation $ 819,116 $ 851,578 $ 870,558 $ 1,020,916 $ 891,683 $ 997,902 $ 92,000 Dated this 28 day of January, 2026. Jennifer Belfield Finance Director Published: February 4, 13, 2026 (PR10895-711687) Ammon City Council February 19, 2026 Page 12 of 48 CITY OF AMMON BONNEVILLE COUNTY, IDAHO ORDINANCE #745 BUDGET APPROPRIATION AMENDMENT TO FISCAL YEAR 2025 AN ORDINANCE ENTITLED THE BUDGET APPROPRIATION AMENDMENT TO FISCAL YEAR 2025 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 APPROPRIATING THE ADDITIONAL SUM OF $4,620,000 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF AMMON, IDAHO FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF AMMON, BONNEVILLE COUNTY, IDAHO: Section 1: That the sum of $3,342,000 be, and the same is appropriated as an amendment to the FY25 budget to defray the necessary expenses and liabilities of the City of Ammon, Bonneville County, Idaho for the fiscal year beginning October 1, 2024. Section 2: The amendment accounts for the unanticipated construction of the 17th Street Bridge, the 1st Street Bridge construction, purchase of a vehicle by the Building Department, unexpected repairs in the Pressurized Irrigation Department, and the unanticipated depreciation in the Sanitation budget due to the newly constructed building. The budget amendment is hereby delineated by fund: Fund Budget Amendment Street Fund Amendment $3,200,000 Building Fund Amendment $40,000 Pressurized Irrigation $10,000 Sanitation $92,000 Total $3,342,000 Section 3: That a general tax levy, if applicable, on all taxable property within the City of Ammon be levied in an amount allowed by law for the general purposes for said City, for the fiscal year beginning October 1, 2024. For this budget amendment, a general tax levy is not necessary because the amendment occurs within funds with existing fund balance reserves. Section 4: This ordinance is hereby declared to be severable. 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 the purpose(s) of the ordinance before the declaration of partial invalidity. Section 5: This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Post Register, a newspaper of general circulation in the City of Ammon, and the official newspaper of said City. PASSES under suspension of rules upon which a roll call vote was taken and duly enacted an Ordinance of the City of Ammon, Bonneville County, Idaho at a convened meeting of the City of Ammon City Council held on the 19th day of February, 2026. ______________________________ Brian Powell, Mayor City of Ammon ATTEST: ____________________________________ Joanna Dahm, City Clerk ORDINANCE #745 FY25 APPROPRIATION AMENDMENT Page 1 of 1 Ammon City Council February 19, 2026 Page 13 of 48 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 19, 2026 Mayor Powell and City Councilmembers: Riviera Park Master Plan Amendment Staff Presenting: Cindy Donovan – Planning Director Recommendation: - Staff recommends approval based on the following staff report. Compliance: - This application is in compliance with the Comprehensive Plan, Comprehensive Plan Future Land Use Map, Title 10, Chapter 35 - Multi-Use Zone. Criteria for Decision: 1. Title 10, Chapter 35 – Multi-Use Zone, see attached 2. Title 10, Chapter 37, Section 1 – Commercial District Uses, see attached Summary of Analysis: 1. Changes to the Master Plan include: ● Within Commercial Use (red): adding Motor Vehicle Service ● Within Commercial Use (pink): adding Hotel, Motel ● No changes have been made to the residential section of the Master Plan 2. This is the second requested amendment to the Riviera Park Master Plan. The previous amendments included specifying two commercial lots for gym and car wash use and adding a note that uses with buildings over 5,000 square feet as permitted on all commercial lots. 3. “The purpose of the Multi-Use zone is to provide for a variety and mixture of uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family.” (10-35-1) 4. The Master Plan may be submitted for approval as part of a public hearing for an annexation with the multi-use zone requested as the designated zone. Master plans are not required to show the exact locations of commercial and residential areas, rather it will be required to provide general locations of these areas within the master plan. (10-35-6) 5. The Comprehensive Future Land Use Map shows the property as Heavy Commercial, Multi-Use Zone (MU) is an applicable zone for the Heavy Commercial land use category. 6. The master plan shows 58% commercial acreage and 42% residential acreage, which includes the Grand Peaks development. This percentage has not changed. Entitlement Process: 1. Commission recommended approval of the annexation including the Master Plan on May 3, 2023 2. Annexation including the Master Plan was approved by the City Council on June 1, 2023 3. Commission recommended approval of the Preliminary Plat on November 1, 2023. Ammon City Council February 19, 2026 Page 14 of 48 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 4. Preliminary Plat and the Standard Development Agreement were approved by the City Council on December 7, 2023. 5. Commission recommended approval of the Final Plat on February 7, 2024 6. Final Plat was approved by the City Council on February 15, 2024 7. The first amendment to the Riviera Park Master Plan was approved by the City Council on April 18, 2024 8. Commission recommended approval of the Amended Plat on November 5, 2025 9. Amended Plat was approved by the City Council on November 20, 2025 Parcel Characteristics: - General Location: north of Lincoln Road, east of North 25th East (Hitt Road), south of Iona Road, and west of Ammon Road - Acreage: 66.226 acres o Commercial Acreage: 35.038 acres (58% of total plat acreage) o Residential Acreage: 31.188 acres (42% of total plat acreage) - Zoning: Multi-Use (MU) Applicant’s Request - To recommend approval of the Riviera Park Master Plan amendment - Presented by Jonny Arbuckle, Riviera Park LLC and Daniel Goodwin, AWA Engineering Planning and Zoning Commission: - The Commission held public hearing #2026-003 on Wednesday, February 4, 2026 - Public Comment: 1 resident testified in favor of the application - The Commission unanimously recommended approval based on the following Reasoned Statement: o In Compliance with the Comprehensive Plan, Comprehensive Plan Future Land Use Map, and Title 10, Chapter 35 Multi-Use Zone o Not a substantial material change to the development Notice of Hearing: - Published in the Post Register on Friday, January 16, 2026 - Mailed letters to 20 public entities and 44 property owners on Wednesday, January 14, 2026 - Property was posted on Friday, January 16, 2026 - Public Comment: No written testimony was received, we did receive a couple phone calls with questions Motion: Approve I move to approve the Riviera Park Master Plan, 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 deny the Riviera Park Master Plan, finding it does not comply with the Comprehensive Plan or City ordinance based upon (state the reasons for recommending denial based on deliberations). Continue Ammon City Council February 19, 2026 Page 15 of 48 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 I move to continue the Riviera Park Master Plan until further details can be obtained (list specific information required). Attachments: 1. Vicinity Map 2. Planning and Zoning Commission Reasoned Statement 3. Proposed Riviera Park Master Plan 4. Riviera Park Master Plan approved on April 18, 2024 5. Riviera Park Final Plat 6. Title 10 Chapter 35 - Multi-Use Zone 7. Title 10 Chapter 37-1 (A) Ammon City Council February 19, 2026 Page 16 of 48 Ammon City Council February 19, 2026 Page 17 of 48 Ammon City CouncilFebruary 19, 2026Page 18 of 48 Ammon City Council February 19, 2026 Page 19 of 48 Ammon City Council February 19, 2026 Page 20 of 48 Ammon City CouncilFebruary 19, 2026Page 21 of 48 Ammon City CouncilFebruary 19, 2026Page 22 of 48 Page 1 of 5 MULTI-USE ZONE REVISED 11-20-2025 CHAPTER 35 MULTI-USE ZONE SECTION: 10-35-1: General Objectives and Characteristics 10-35-2: Allowed Uses 10-35-3: Residential Property Requirements 10-35-4 Shared Component Property Requirements 10-35-5: Standard Development or Annexation Agreement Required 10-35-6: Multi-Use Master Plans 10-35-7: Qualifications Related to Use of This Zone 10-35-8 Use of Planned Unit Development Overlay (PUD) 10-35-9: Lighting 10-35-10: Signage 10-35-11: Special Provisions 10-35-1: GENERAL OBJECTIVES AND CHARACTERISTICS: The purpose of the Multi-Use zone is to provide for a variety and mixture of uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family. Large scale commercial development may be allowed pursuant to the master plan allowances and, in most cases, should be allowed only along arterial roadways or on major collector streets. This zone is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure development of properties into a plan with coordinated and harmonious development. The zone is intended to integrate both existing and new land uses within close proximity to one another, providing for the daily shopping needs and often the recreational needs of the residents. Connection within the development to the different uses should be of prime consideration as well as connections to pedestrian friendly sidewalks and/or trails from outside of the development. The general area of service for easy travel and access would generally be within a one to two (1-2) mile traveling distance from any residential property. 10-35-2: ALLOWED USES: Pursuant to 10-35-6 only the uses designated as permitted uses or those shown as permitted with master plan approval in 10-37-1 (A) shall be allowed within the Multi-Use zone. Uses over 5,000 square feet are subject to approval of the Master Plan. Residential dwelling units up to eight (8) units are permitted. Residential dwelling units of nine (9) or more attached units are permitted with Master Plan approval. No industrial and manufacturing uses are allowed. Those uses shown as allowed by Master Plan approval are not an assumed right within the Multi-Use zone and shall be considered on a case-by-case basis and allowed in the sole discretion of the City Council with a recommendation by the Planning & Zoning Commission. 10-35-3: RESIDENTIAL PROPERTY REQUIREMENTS: All properties used for residential purposes within the zone shall require platting for each residential structure or grouping of residential structures within the zone. Setbacks for all residential structures shall be applied based on the size of the lot and the related residential zone within the City Code that would allow the same size parcel and type of structure. Accessory Dwelling Units (ADU) will only be permitted to be constructed with residential units as allowed by related residential Ammon City Council February 19, 2026 Page 23 of 48 Page 2 of 5 MULTI-USE ZONE REVISED 11-20-2025 zones. For those residential structures that are platted and developed in a group setting where the property and/or structure may not be fronting on a public street, the setback from the side of the building containing the main doorway shall be a minimum of twenty (20) feet from any adjacent property line and/or required setback of any adjacent building (A minimum of forty (40) feet between facing residential structures shall be required). When the main entrance of one building faces the side of another building the minimum distance shall be determined by using the required setback for the front of one building and the required side yard requirement of the second building(s). The resulting open space shall be landscaped as greenspace, necessary sidewalks/trails shall be allowed within the greenspace area. 10-35-4: SHARED COMPONENT PROPERTY REQUIREMENTS: All development activities within the zone are permitted only on platted lots. All adjoining lots used for commercial and/or residential purposes that have shared access to a public street, and any single lot containing more than one commercial entity and/or residence must comply as follows: (A) All structures and grounds must 1. Be under a single ownership OR 2. Meet the requirements of a condominium property pursuant to Title 55, Chapter 15, Idaho State Code, or 3. Have an agreement which shall be recorded at the time of plat recording for maintenance and maintenance costs which specifies the responsible party/parties for any and all costs not associated to a specific building lot or unit in the development (B) All properties sharing parking with adjacent commercial and/or residential development shall provide a recorded cross access agreement for all parking facilities within the shared parking area. Said agreement shall be recorded with the final plat or if recorded prior to the final plat a copy shall be submitted with the final plat request for recording. (C) Landscaping and sprinkler systems shall be incorporated within individual properties or shall comply with the ownership requirements as described within this section or by any other ordinance within the City. All required landscaping within an area designated for commercial and/or shared residential development on an approved master plan shall be cohesive in nature and shall be uniform throughout the areas within the master plan. All landscaping requirements shall comply with all policies and codes as adopted by the City of Ammon (D) Remodeled and converted structures and properties shall comply with all requirements of this section. 10-35-5: STANDARD DEVELOPMENT OR ANNEXATION AGREEMENT REQUIRED: (A) Multi-Use zoning that is approved based on a request for re-zone shall be subject to any existing development agreement and any additional requirements that may be included as a condition for approval of the rezone. Ammon City Council February 19, 2026 Page 24 of 48 Page 3 of 5 MULTI-USE ZONE REVISED 11-20-2025 (B) Multi-Use zoning which is incorporated as part of an initial annexation and zoning shall be subject to both an annexation agreement and future standard development agreements as property is platted. 10-35-6: MULTI-USE MASTER PLANS: A master plan incorporating the entirety of a property in a Multi-Use zone, shall be submitted to the Planning and Zoning Commission for recommendation and action of approval or denial by the City Council. All master plans shall require a public hearing prior to approval. The master plan may be submitted for approval as part of a public hearing for an annexation with the multi-use zone requested as the designated zone, or for a re-zone request hearing. As part of a master plan approval, those uses listed as allowed by master plan approval shall be included as part of the master plan request documentation. The public hearing requirement for any master plan approval shall meet the requirements of Idaho Code 67-6509 and any additional requirements for hearings adopted by the City of Ammon. An application for a master plan shall be submitted on the Plan Review Application form and shall include all documentation required on the application form prior to assignment of a hearing date. Master plans are not required to show the exact locations of commercial and residential areas, rather it will be required to provide general locations of these areas within the master plan. It is the intent of the City to allow flexibility for placement and boundaries between other uses within the property designated as multi-use. Amendments to a master plan shall be approved through the same requirements as an original approval for said master plan. Any approval of an amended master plan may be subject to the revision of the special conditions within an existing annexation/standard development agreement. 10-35-7: QUALIFICATIONS RELATED TO USE OF THIS ZONE: The following shall be guidelines for the approval of a property to be zoned multi-use: (A) Prior to platting of property in a multi-use zone, a master plan approval showing the general areas of the different types of uses within the zone shall be received by the Planning and Zoning Commission with final approval of the City Council. (B) If it is determined that the development will service an existing area or development adjacent to the zone and meet the intent of the multi-use zone designation, use of the multi-use zone may be allowed to be entirely one type of use designation (commercial or residential). Access to adjacent zoning uses and development shall be a consideration in granting this type of multi-use zoning request. (C) If it is determined that the development will not service an existing area or development adjacent to the zone, it shall be required that the development contain a simple majority of commercial property based upon acreage Those areas that include vertical integration of commercial and residential property will require a simple majority of commercial area based on square footage. 10-35-8: USE OF PLANNED UNIT DEVELOPMENT OVERLAY (PUD): In some cases, the developer within the Multi-Use zone may wish to apply a PUD Overlay to a Multi-Use zone. In those cases, the developer shall be required to follow and adhere to all requirements of the PUD Overlay approval process as outlined within the City Code. Ammon City Council February 19, 2026 Page 25 of 48 Page 4 of 5 MULTI-USE ZONE REVISED 11-20-2025 10-35-9: LIGHTING: Exterior lighting within the multi-use zone shall be required to meet the following standards: (A) Light overlap or trespass onto adjacent properties shall be taken into consideration as part of the review of all master plans. While lighting is not required to be provided on a master plan both the Planning and Zoning Commission and City staff may provide input in areas where such light overlap or trespass may be a concern. Lighting types to be considered include, but are not limited to, street lighting, parking lot lighting, building exterior lighting, landscape lighting, plaza, walkway and trail lighting. (B) Any lights used to illuminate a site shall be arranged to reflect light away from the adjoining property. (C) Lighting design shall promote dark sky principles which seek to minimize light pollution and degradation of the nighttime skies by incorporating lighting practices that minimize the amount and area of illumination. Such practices include: 1. Providing lighting fixtures with lamp wattages designed for the minimum level required by the use. 2. Providing energy efficient light sources. 3. Minimizing light trespass and glare by aiming fixtures downward and shining light only where it is needed and providing appropriate shielding as necessary to ensure that little or no unwanted light falls directly onto adjacent property. 4. Minimizing the duration of illumination of certain light sources by having lights out as long as practical. Owners and tenants will be encouraged to limit the times of lighting within a development whenever practical. 5. Special attention shall be given by the developer regarding mixed use buildings that may provide both commercial and residential uses within the same building. At site plan review time, City Staff may make recommendations to the developer regarding possible lighting conflicts within the site plan. It shall be the developer’s responsibility to provide accommodations when lighting may conflict between uses. (D) The developer shall install streetlights at locations required by the City Engineer and shall meet any standards or policies adopted by the City for street lighting. All street lighting shall continue to follow the requirements set forth in this ordinance regarding light overlap or trespass. (E) All street and public open space lighting required as part of a multi-use development shall be included into a lighting district prior to the final approval of any roadways or acceptance of any park/streets within the development. Said lighting district shall assess the cost of maintenance and power to all properties within the development on an equal per lot basis, unless at the time of formation of a lighting district the Board of Directors of the lighting district agrees and orders an assessment considered to be more equitable to the property owners within said district. 10-35-10: SIGNAGE: Signage that is within a multi-use development should be a major consideration of the Commission and the developer at the time of a master plan application. The following items shall be considered for any signage other than the required streets and traffic control signage which shall be as required by the City Engineer. Ammon City Council February 19, 2026 Page 26 of 48 Page 5 of 5 MULTI-USE ZONE REVISED 11-20-2025 (A) Poles signs above twenty (20) feet in height from grade level shall be reviewed for placement and encouraged to be within the development on the exterior boundaries of the multi-use development or as approved on the master plan along arterial roadways. (B) Poles signs within the interior of a multi-use development are discouraged and the developer encouraged to plan for a standardized interior signage requirement. (C) Consideration on interior signage should be given where commercial and residential buildings are adjacent to or part of the same building. (D) All signage is encouraged to be energy efficient. (E) All signage lighting should be designed to keep lighting overlap into adjacent properties at a minimum, especially residential use properties. (F) All signage requested on buildings within the multi-use zone where both a commercial and residential use is contained shall follow the dark sky principals and should be designed to alleviate up lighting and lighting into residential portions of the building. The developer shall be required to provide a lighting analysis showing the dark sky principals have been followed in the design of any on-building signs used for commercial business location or for building identification signage. 10-35-11: SPECIAL PROVISIONS: (A) No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal residential activities and movement of automobile traffic. (B) Landscaping shall be as set forth in section 10-5-24. (C) All merchandise, equipment, and other materials, except vehicles in running order and seasonal merchandise such as nursery stock, fruits and vegetables within a commercial area, within a commercial/residential area or any multi-use residential area with more than four (4) attached living units, shall be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (D) All commercial sanitation dumpsters shall be required to be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (E) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. Ammon City Council February 19, 2026 Page 27 of 48 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 19, 2026 Page 28 of 48 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting February 19, 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 19, 2026 Page 29 of 48 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 19, 2026 Page 30 of 48 Curlew Bend Vicinity Map Ammon City Council February 19, 2026 Page 31 of 48 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 19, 2026 Page 32 of 48 Ammon City Council February 19, 2026 Page 33 of 48 Ammon City Council February 19, 2026 Page 34 of 48 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 19, 2026 Page 35 of 48 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 19, 2026 Page 36 of 48 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 19, 2026 Page 37 of 48 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 19, 2026 Page 38 of 48 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 19, 2026 Page 39 of 48 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 19, 2026 Page 40 of 48 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 19, 2026 Page 41 of 48 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 19, 2026 Page 42 of 48 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 19, 2026 Page 43 of 48 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 19, 2026 Page 44 of 48 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 19, 2026 Page 45 of 48 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 19, 2026 Page 46 of 48 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 19, 2026 Page 47 of 48 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 19, 2026 Page 48 of 48