Loading...
03.05.2026 City Council Packet AMMON CITY COUNCIL MEETING March 05, 2026 - 6:00 pm Ammon City Hall 2135 S Ammon Road, Ammon, ID 83406 PUBLIC COMMENT AGENDA CALL TO ORDER: - Mayor Brian Powell at 6:00 p.m. - Pledge of Allegiance – Council Member Fullmer - Prayer – Council Member Boyle CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: February 19 , 2026 – Regular Meetings - Page 2 PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) ACTION ITEMS: 1. Consideration of Resolution 2026-004 America 250 - (Jennifer Belfield, Finance Director) - Page 6 2. Kartchner Rezone Findings of Fact and Conclusions of Law - (Cindy Donovan, City Planner) - Page 8 DISCUSSION ITEMS: 1. City of Ammon Pool 2. Miscellaneous ADJOURN The following guidelines for public comment have been adopted: 1. Before an individual may be heard, the Mayor, Council President, or Commission Chair must recognize them. 2. Individuals recognized for comment shall provide their name and address for the record. Individuals must utilize the podium at the front of the room and not speak from their seat. 3. Individuals must direct comments to the Commission or Council, not other individuals within the room. Individuals must limit comments to three (3) minutes or less. 4. Individuals must avoid repetitious comments or ideas that have already been presented. 5. All comments shall be made courteously, respectfully, and civilly. Inflammatory, disrespectful, degrading statements, heckling, applause, or obscene or indecent language will not be tolerated. Individuals that violate these guidelines may be asked to leave the meeting. UPCOMING - March 12, 2026, Work Session - March 19, 2026, City Council - April 02, 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: 2026-005; Next Ordinance Number: 745 Ammon City Council March 5, 2026 Page 1 of 17 AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 19, 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 Oswald - Prayer – Council Member Fullmer CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: February 5 and 12, 2026 – Regular Meetings PUBLIC COMMENT: PUBLIC HEARING: 1. 2026-004 FY25 Budget Opening ACTION ITEMS: 1. Ordinance 745 Fiscal Year 2025 Budget Appropriation Amendment - (Jennifer Bellfield, Finance Director) 2. Riviera Park Master Plan Amendment - (Cindy Donovan, City Planner) 3. Curlew Bend Development Agreement - (Cindy Donovan, City Planner) DISCUSSION ITEMS: 1. Miscellaneous ADJOURN MINUTES City Officials Present: Mayor Brian Powell 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 City Officials Absent: Council President Scott Wessel Ammon City Council Regular Meeting 02.19.2026 Page 1 of 4 Ammon City Council March 5, 2026 Page 2 of 17 CALL TO ORDER: Mayor Brian Powell called the meeting to order at 6:00 p.m. Council Member Oswald led the pledge of allegiance and Council Member Fullmer gave a prayer. CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: February 5 and 12, 2026 – Regular Meetings It was moved by Council Member Boyle and seconded by Council Member Oswald to approve the Consent Agenda Wheeler, yes; Oswald, yes; Wessel, absent; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. PUBLIC COMMENT: PUBLIC HEARING: 1. 2026-004 FY25 Budget Opening Opened at 6.09 pm Closed at 6:19 pm ACTION ITEMS: 1. Ordinance 745 Fiscal Year 2025 Budget Appropriation Amendment - (Jennifer Bellfield, Finance Director) It was moved by Council Member Fullmer and seconded by Council Member Oswald to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived Wheeler, yes; Oswald, yes; Wessel, absent; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. It was moved by Council Member Fullmer and seconded by Council Member Wheeler to approve Ordinance 745 Fiscal Year 2025 Budget Appropriation Amendment Wheeler, yes; Oswald, yes; Wessel, absent; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 2. Riviera Park Master Plan Amendment - (Cindy Donovan, City Planner) Johnny Arbuckle 352 N 347 W Leighton UT- Mr. Arbuckle addressed the Council to answer any questions. He stated in this amendment there was a little cleanup done. We fixed the designation to show the grocery location. We expanded the commercial area, to possibly include a future hotel. Vehicle Service is now part of the multi-use zone. We are not designating specifically what businesses they are. We are just showing potential uses. This way we are not bringing back amendments to the Council every time we negotiate with a new tenant. Ammon City Council Regular Meeting 02.19.2026 Page 2 of 4 Ammon City Council March 5, 2026 Page 3 of 17 Mayor Brian Powell asked Mr. Arbuckle to state what is unique about this development compared to other developments in the area. Mr. Arbuckle stated the multi-use allowing walkability to food, retail, medical and other necessary businesses. This is a smart development with high density housing. It was moved by Council Member Fullmer and seconded by Council Member Hamberlin to approve the Riviera Park Master Plan Amendment Wheeler, yes; Oswald, yes; Wessel, absent; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 3. Curlew Bend Development Agreement - (Cindy Donovan, City Planner) Ryan Webster 3525 Merlin Dr, Idaho Falls- City Administrator Micah Austin spoke on behalf of Council President Scott Wessel, about his concerns on the landscaping not being done, around the shell building. Mr. Webster stated yes they want to do the landscaping however they don’t want to put it in then have to tear it out if it doesn’t meet what the commercial tenant needs. Council Member Boyle asked how many units they have done. Mr. Webster stated they need the amendment because they have twenty units sold and they are bumping up against having the max of the fifteen units done. City Attorney Scott Hall asked if the building will be owned by the developer or sold to the tenant. He is concerned that a public library is tax exempt. It becomes a financial issue to the City to have a tax exempt property inside a commercial area. Mr. Webster stated they are looking to lease in the beginning with the option to purchase in the future. Mayor Powell asked if the Public Library is looking to lease the whole building or a portion of the building. Mr. Webster stated they would like 30,000 square feet. At this time the building is only designed for 20,000 square feet (10,000 per floor). They are exploring options to possibly add a basement. It was moved by Council Member Boyle and seconded by Council Member Hamberlin to approve the Curlew Bend Development Agreement Wheeler, yes; Oswald, yes; Wessel, absent; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. DISCUSSION ITEMS: 1. Miscellaneous Council Member Oswald-Asked if we have an agenda for the joint meeting with the County Commissioners. Mayor Powell asked the Council to send any suggestions for discussion items to City Administrator Micah Austin. Council Member Oswald wants to talk about development in the County, Council Member Boyle wants to talk about the Recreation District, Council Member Fullmer wants to talk about G.I.F.T. Ammon City Council Regular Meeting 02.19.2026 Page 3 of 4 Ammon City Council March 5, 2026 Page 4 of 17 Council Member Oswald asked about the 21st pathway getting plowed and asked if that was done by the sweeper. City Planner Donovan stated no they are plowed. Council Member Oswald stated there is now a snow drift across the pathway. Council Member Oswald asked about the windows in Sage Pointe and if the windows are being addressed, City Administrator Austin stated that yes the windows will be changed out to the correct size. Council Member Oswald also stated there is an issue with people over at Zupas parking in the bike lanes. Motion to adjourn by Council Member Hamberlin ADJOURN at 7:06 pm ______________________________ Brian Powell, Mayor ______________________________ Joanna Dahm, City Clerk Ammon City Council Regular Meeting 02.19.2026 Page 4 of 4 Ammon City Council March 5, 2026 Page 5 of 17 City Council Meeting: March 5, 2026 Mayor Powell and City Councilmembers: Resolution 2026-004 America 250 Department Head - Jennifer Belfield Recommendation - Recommend approving/accepting Resolution 2026-004 America 250. Summary of Analysis - As we approach the 250th anniversary of America’s founding, the Idaho Secretary of State invited local communities to take part in this once-in-a-generation opportunity to honor the American spirit. The America250 in Idaho Celebration Fund provides seed funding to help local jurisdictions create celebrations commemorating the ideals of the American Revolution—equality, liberty, and justice. - The City of Ammon applied for an America 250 in Idaho grant for $2,500. No match is required, the funds need to be spent on celebrating America’s 250th anniversary. - One of the qualifications of the grant is to adopt an America 250 resolution. - The funds would be used $500 for the MYAC softball fundraiser on April 25, 2025 – you are all invited to attend. The balance of $2,000 will be used for Ammon Days, so the theme for Ammon Days this year is America 250. Financial Impact There is no required match for this grant (it was also not originally budgeted to expend, since it is minimal, it should not put us over budget). Motion “I move to approve/accept Resolution 2026-004 America 250 as presented.” Attachments 1. America 250 in Idaho grant application. 2. MYAC Softball Fundraiser flyer. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council March 5, 2026 Page 6 of 17 CITY OF AMMON BONNEVILLE COUNTY, IDAHO RESOLUTION NO. 2026-004 A Resolution Supporting the America 250 In Idaho Commemoration and the United States Semiquincentennial; PROVIDING FOR PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the year 2026 marks the 250th anniversary of the signing of the Declaration of Independence; and WHEREAS, Governor Brad Little proclaimed the establishment of the America250 in Idaho Commemoration in July 2024 to plan, encourage, develop, and coordinate the commemoration of this momentous occasion, and honor and recognize the contributions of Idaho’s residents to the nation’s past, present, and future; and WHEREAS, it is fitting and desirable that we commemorate the birth of the nation with the support of partners and stakeholders across the Gem State, America250 in Idaho will advance the ideals of the American Revolution - equality, liberty, and justice – through meaningful community engagement and recognize, appreciate, and commemorate America’s legacy; and WHEREAS, City of Ammon, founded in 1905 has contributed proudly and significantly to the history of our nation and our state for more than 121 years; and WHEREAS, the Mayor and City Council of City of Ammon thus encourage its citizens to create and participate in programs that will commemorate the history of our city, our state, and our nation; and NOW THEREFORE, be it hereby resolved that the City of Ammon hereby endorses the America250 in Idaho Commemoration and its vision to celebrate American history and the invaluable contributions of Idahoans to our region, nation, and world. IT IS FURTHER RESOLVED that: 1. The City of Ammon commemorates the 250th anniversary of the establishment of the United States as an independent nation. 2. The City of Ammon authorizes the appointment of an individual or committee to oversee local projects and efforts to support this commemoration that will promote the maximum involvement of our residents, neighborhoods, businesses, schools, civic organizations, and institutions in the commemorations. 3. The City of Ammon will officially recognize the 250th Anniversary of America with a celebration on July 31st thru August 2, 2026 at McCowin Park, 3000 Southwick Lane, Ammon ID, by celebrating Ammon Days - America250. Ammon City Council March 5, 2026 Page 7 of 17 4. That a copy of this resolution be sent to the America250 in Idaho Advisory Council. PASSED BY THE CITY COUNCIL of the City of Ammon, Idaho, this 5th day of March, 2026. APPROVED BY THE MAYOR of the City of Ammon, Idaho, this 5th day of March, 2026. _________________________________ Brian Powell, Mayor ATTEST: _________________________________ Joanna Dahm, City Clerk Ammon City Council March 5, 2026 Page 8 of 17 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting March 5, 2026 Mayor Powell and City Councilmembers: Kartchner Rezone Request Findings of Fact and Conclusions of Law Staff Presenting: Cindy Donovan – Planning Director Summary of Analysis 1. City Council, by unanimous vote, denied the request of rezoning 10.90 acres in the Kartchner Development to R2-A on February 5, 2026 2. The Findings of Fact and Conclusions of Law are based on the following information: a) Comprehensive Plan Future Land Use Map depicts the property as light commercial b) The proposed R2-A zone is not applicable within the light commercial designation c) Rezoning to a residential classification will result in the loss of commercial property. d) This property is located within the 1st Street Urban Renewal District e) The requested zone of R2-A is classified medium density and would be required to be compliant with the conditions in Title 10, Chapter5, Section 27 Medium and High-Density Location Criteria. f) The property does not meet the requirements regarding the distance to a public park area with appropriate pedestrian infrastructure. Parcel Characteristics - General Location: north of 1st Street, east of North 25th East, south of East 14th North, and west of North Curlew Drive - Acres: 10.90 acres - Current Zoning: C-1 Limited Business Zone and R3-A Residence Zone - Requested Zoning: R2-A Residence Zone Motion Approve I move to approve the Findings of Fact and Conclusions of Law regarding the rezoning of approximately 10.90 acres in the Kartchner development to R2-A. Attachments: 1. Vicinity Map 2. Findings of Fact, Conclusions of Law Ammon City Council March 5, 2026 Page 9 of 17 Simplicity Rezone Map Identifying the Property of Interest Ammon City Council March 5, 2026 Page 10 of 17 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 IN RE: APPLICATION NO. A2025-040 CONTINENTAL HOLDINGS KARTCHNER PROPERTY REZONE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION APPLICANT: MICHAEL HENDERSON OWNER: CONTINENTAL HOLDINGS PROJECT: KARTCHNER PROPERTY REZONE APPLICANT REQUEST: Applicant requests a rezone of 10.90 acres presently zoned as a C-1, Limited Business and R3-A Residence Zone into R2-A Residence Zone LOCATION: North of 1st Street, east of North 25th East, south of East 14th North, West of North Curlew Drive EXISTING ZONING: C-1 Limited Business and R3-A Residence Zone SURROUNDING ZONING: City of Ammon R3-A (allowing 20 residential units per acre), R-1 (allowing 4 units per acre), City of Idaho Falls Single Dwelling Residential SURROUNDING USE: Commercial, Apartments, Single-Family Detached Homes PARCEL SIZE: 10.90 acres total SECTION 1: BACKGROUND FACTS Summary of Application • Applicant requests to rezone 10.90 acres from C-1 and R3-A into R2-A Residence Zone. Notices & Hearings • Planning and Zoning Commission (the “Commission”) o Publication Notice: At least 15 days prior to the public hearing, on December 19, 2025, notice of the Commission’s public hearing on the forgoing application was published in the Post Register newspaper in Bonneville County in accordance with I.C. § 67-6511. o Mailing Notice Adjoining Property Owners: At least 15 days prior to the public hearing, on December 19, 2025, notice of the Commission’s public hearing was mailed to adjoining property owners within 300 feet in accordance with I.C. § 67-6511. o Additional Mailing Notice: At least 15 days prior to the public hearing, on December 19, 2025, notice was also mailed to (1) applicable utility providers and (2) applicable political subdivisions providing services to the property. I.C. § 67-6511. o Posting Notice: No less than 1 week prior to the public hearing, on December 23, 2025, notice of the Commission’s public hearing on the forgoing application was posted on the Property in accordance with I.C. § 67-6511. o Hearing: Public Hearing #2026-002 was held before the Commission on January 7, 2026 where it also approved its reasoned statement. Ammon City Council March 5, 2026 Page 11 of 17 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 • City Council (the “Council”) o No public hearing was held before the Council. SECTION 2: DECISION STANDARDS & PROCEDURES Standards • Unless otherwise stated by City Code, the Commission is a recommending body to the Council. See Ammon City Code § 2-1-5 and §10-10 and I.C. § 67-6511(2) (zoning). Recommendations from the Commission are not binding on the Council. The decision of the Council is constrained to the record created at hearing and applicable law. • Zoning decisions must consider applicable provisions of the comprehensive plan, local ordinances and regulations, and applicable services of those political subdivisions who serve the property. I.C. § 67-6511(2). • Planning and zoning actions are entitled to a strong presumption of validity in application and interpretation of local ordinances. • Review of Council decision is subject to the following: 67-5279. SCOPE OF REVIEW — TYPE OF RELIEF. (1) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. […] (3) When the agency was required by the provisions of this chapter or by other provisions of law to issue an order, the court shall affirm the agency action unless the court finds that the agency’s findings, inferences, conclusions, or decisions are: (a) In violation of constitutional or statutory provisions; (b) In excess of the statutory authority of the agency; (c) Made upon unlawful procedure; (d) Not supported by substantial evidence on the record as a whole; or (e) Arbitrary, capricious, or an abuse of discretion. If the agency action is not affirmed, it shall be set aside, in whole or in part, and remanded for further proceedings as necessary. (4) Notwithstanding the provisions of subsections (2) and (3) of this section, agency action shall be affirmed unless substantial rights of the appellant have been prejudiced. […] SECTION 3: APPLICABLE STANDARDS AND CRITERIA AUTHORITY Applicable Sections of Comprehensive Plan to Application: • 2018 Comprehensive Plan, as amended by Resolution 2023-003R • Future Land Use Map dated January 18, 2024, adopted by Resolution 2024-003R, Public Hearing 2024-001. Key: City of Ammon boundary within the heavy black dashed line, low density (yellow), park (green), school (dark blue), church (light blue), light commercial (red), high density residential (brown), medium density residential (gold), heavy commercial (purple) Ammon City Council March 5, 2026 Page 12 of 17 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 • Chapter 1 Foreword, page 5: This Ammon Comprehensive Plan is intended to guide development in the City of Ammon in a manner that achieves the shared vision expressed by its citizens for the future of their city, their communities, and their neighborhoods. • Chapter 2. Purpose, page 6: "This Comprehensive Plan is intended as a pathway for achieving a shared vision for the future of the City of Ammon as it continues to age, change, and grow. The plan will serve as a framework for decisions regarding existing and new developments in Ammon for the foreseeable future." Applicable Sections of Zoning Code to Application: • Chapter 1 Purpose 10-1-2: PURPOSE: The zone boundaries and regulations made in accordance with a comprehensive plan designated to promote the health, safety, peace, convenience, and general welfare of the inhabitants of Ammon. o A. To promote the orderly growth and development of the City in accordance with the Comprehensive Plan. o D. To protect the tax base. o E. To foster industry. o F. To protect property values o G. To avoid undue concentration of population and prevent the overcrowding of land. o I. To promote and foster a wholesome, serviceable, and attractive City. • Chapter 1 Declaration 10-1-3: In establishing the zones, the boundaries thereof and the regulations applying within each of the zones, due and careful consideration was given, among other things, to the suitability of land for particular uses with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City. • Chapter 4 Amendments 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning ordinance, including the map, may be amended, supplemented, changed or modified from time to time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall Ammon City Council March 5, 2026 Page 13 of 17 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 4 be amended after any re-zone, annexation or other change to this title that may affect the official zoning map. It shall be the policy of the City to display and have available the most up to date zoning map as possible. Any change to the official zoning map shall be considered adopted after any ordinance effecting this Title as it relates to the official zoning map of the City has been published. • Chapter 18 R3-A Residence Zone (current/neighboring zone) 10-18-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R3-A Residence Zone is to establish an area within the City in which the primary use of the land is for residential purposes. Characteristic of this zone is a greater density and a wider variety of dwelling types and uses than other residential zones. The R3-A Zone is essentially residential in character; therefore, all uses must be developed and maintained in harmony with residential uses attractive lawns, shrubs, trees, both on the street and around the buildings, is also characteristic of this zone. This zone shall not allow density that will exceed twenty (20.0) dwelling units per acre. • Chapter 20 C-1 Limited Business Zone (current zone) 10-20-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The C-1 Limited Business Zone has been established as a district in which the primary use of the land is for retail stores and service establishments which supply residential needs of the people living in the surrounding area. This zone is usually located at specific locations along major streets and is characterized by buildings having a wide variety of architectural forms and shapes. The objectives in establishing this zone are: To encourage the development and continued use of the land within the zone for business purposes. To promote the development of serviceable and convenient retail and service facilities. To provide appropriate areas for the development of business uses within the City and to prevent the scattering of business uses into surrounding zones. To prohibit industrial uses within the zone and to discourage any other use which tends to thwart or militate against the continued use and development of the land within the zone for its primary purpose. • Chapter 16 R2-A Residence Zone (requested zone) 10-16-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing the R2-A Residence Zone is to designate appropriate areas within the City rental dwelling units, multiple family dwellings, and similar buildings where living accommodations for groups may be located. In order to accomplish the objectives and purposes of this ordinance and to promote the essential characteristics of this zone, the following regulations shall apply in the R2-A Residence Zone (see also §10-5 Supplementary Regulations to Zones, §10-7 Special Provisions Applying to Miscellaneous Uses, §10-29 Subdivision Regulations, and §10-37 District Use Matrix). This zone does not allow density that will exceed twelve (12.0) dwelling units shall be permitted per acre. • Chapter 37 Residential District Uses 10-37-2 (A) o R2-A properties require a minimum lot size of 5,000 square feet plus 3,000 square feet for each building containing three to eight dwelling units, 1,100 square feet of living space, a minimum 100-foot lot width, and eight-foot side yards. SECTION 4: FINDINGS OF FACT Based upon the record and testimony presented to the Council, IT FINDS THE FOLLOWING FACTS: Ammon City Council March 5, 2026 Page 14 of 17 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 5 Relevant Uncontested Facts A. The property is currently zoned C-1 Limited Business Zone, and R3-A Residence Zone, and has remained an empty lot since 2016 when the 1st Street Community began developing. B. The property is surrounded by low density residential homes to the north and north west, commercial to the west, high density residential to the east, and vacant heavy commercial land to the south. C. Property is located north of a major arterial road known as 1st Street. D. Property further to the West is in the City of Idaho Falls over which Ammon has no jurisdiction. E. The Comprehensive Plan Future Land Use Map depicts the property as light commercial. F. The proposed R2-A zone is not applicable within the light commercial designation. G. Rezoning the property would result in a loss of commercial property. H. This property is located within the 1st Street Urban Renewal District. Reasoned Findings on Relevant Contested/Conflicting Facts I. The requested zone of R2-A is classified medium density and would be required to be compliant with the conditions in Title 10, Chapter 5, Section 27 – Medium and High-Density Location Criteria. J. Requested development area is located approximately .58 miles from Bridgewater Park via the canal pathway and .55 miles from Bridgewater Park via the Curlew Drive sidewalk. Tiebreaker Park is located .35 miles from this property but does not have the appropriate pedestrian infrastructure. SECTION 5: CONCLUSION OF LAW 1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho Constitution and the laws of the State of Idaho, Title 50, Idaho Code; 2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code, Title 10; 3. Under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures ordinance, Title 11. 4. The Council has authority to hear the applicant’s request pursuant to the Ammon Municipal Code. 5. The City of Ammon has provided adequate notice for the review of this application. 6. The process adhered strictly to procedural requirements outlined in Idaho Code § 67-6535 and Ammon City Ordinances (Section 10-4-4). A public hearing was transparently held, providing all stakeholders with substantial opportunity to voice their positions and ensuring fair due process. 7. This requested proposal DOES NOT COMPLY with the 2018 Comprehensive Plan BECAUSE: a. Comprehensive Plan Future Land Use Map designates this area as light commercial, medium density housing is not applicable within the light commercial designation. Ammon City Council March 5, 2026 Page 15 of 17 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 6 b. Chapter 1 of the Comprehensive Plan anticipates a shared vision expressed by its citizens for the future of their city, their communities, and their neighborhoods. c. Chapter 2 of the Comprehensive Plan an important purpose of the Ammon Comprehensive Plan is to empower the citizens of Ammon through their elected officials to manage the changes that will happen in the City. d. Chapter 19 of the Comprehensive Plan future economic development should focus on providing employment opportunities that provide sufficient income to allow citizens to both live and work in Ammon. 8. Understanding this is a request for a rezone, this requested proposal DOES NOT COMPLY with the zoning ordinance BECAUSE: a. Ammon City Code § 10-5-27 (Medium and High-Density Location Criteria). The requested zone, requires a walking distance of one-half mile or less of a city park, as measured along any line that meets the definition of Pedestrian Access; and have or provide direct Pedestrian Access to the park. 9. The proposed application DOES NOT protect and improve the public health, safety and welfare BECAUSE: a. The rezoning of this property to R2-A would negatively affect the area with increased density of housing by allowing up to an additional 120 units. 10. The proposed application WILL have a negative fiscal impact upon the existing citizens of the City of Ammon BECAUSE: a. The rezoning of this property will cause a reduction of commercial property within an Urban Renewal District. SECTION 6: DECISION THEREFORE, the Ammon City Council denies the proposed application. SECTION 7: NOTICE TO APPLICANT OF RIGHTS This is a final decision by the Council. Rights regarding final decisions by the Council are dictated by City Ordinance; a regulatory taking analysis may be requested pursuant to Idaho Code § 67-8003; and an affected person aggrieved by a final decision may seek review of this decision in accordance with Idaho Code § 67-6535 and Idaho Rule of Civil Procedure 84 after all remedies have been exhausted under local ordinance. The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and Decision this 5th day of March, 2026. ________________________________ Mayor Brian Powell _______________________________ Attest: Joanna Dahm, City Clerk Ammon City Council March 5, 2026 Page 16 of 17 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 7 CERTIFICATE OF SERVICE I hereby certify that on this 6th day of March 2026, I served a true and correct copy of the foregoing document upon the following: Applicant Continental Holdings LLC ATTN: Michael Henderson 601 West 1700 South Bldg. B Logan, UT 84321 [x] Mailing [x] E-Mail: michaelhenderson@kartchner.com _____________________________________________ City Clerk Ammon City Council March 5, 2026 Page 17 of 17