06.18.2026 City Council Packet
AMMON CITY COUNCIL MEETING
June 18, 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 Oswald
- Prayer – Council Member Wessel
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: June 04, 2026 – Regular Meetings - Page 2
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Appointment of Rick Gehrke as Public Works Director - (Micah Austin,
City Administrator) - Page 5
2. Approval of TAP Grant Agreement - (Morgan Stewart, City Engineer) -
Page 6
3. Approval of First Street Grant Agreement - (Morgan Stewart, City
Engineer) - Page 19
4. Consideration of Copper Creek Model Home Conditional Use Permit -
(Cindy Donovan, City Planner) Page 20
5. Consideration of Tom Bird Subdivision 1st Amended Plat - (Cindy
Donovan, City Planner) - Page 42
6. Consideration of Tom Bird Development Agreement - (Cindy Donovan,
City Planner) - Page 49
DISCUSSION ITEMS:
1. Sanitation Fees - (Brian Powell, Mayor)
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
- July 02, 2026, City Council
- July 09, 2026, Work Session
- July 16, 2026, City Council
ACCESS TO MEETINGS
MEETINGS WILL BE AVAILABLE VIA
ZOOM:
AVAILABLE UPON REQUEST-
EMAIL THE CITY CLERK 24 HOURS
PRIOR TO THE MEETING AT
CLERK@CITYOFAMMON.US
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: 2026-012; Next Ordinance Number: 748
Ammon City Council June 18, 2026 Page 1 of 63
AMMON CITY COUNCIL MINUTES
THURSDAY, JUNE 04, 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: May 21, 2026 – Regular Meetings
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Consideration of an Amendment to the BMPO Bylaws - (Micah Austin, City Administrator)
DISCUSSION ITEMS:
1. Discussion of an Ordinance Banning Kratom - (Sheriff Hulse or designated Bonneville County
Sheriff's Office Representative , BCSO)
2. Discussion of the FY27 Proposed Budget - (Jennifer Belfield, Finance Director)
3. Miscellaneous
ADJOURN
MINUTES
City Officials Present:
Mayor Brian Powell
Council President Scott Wessel
Councilmember Nolan Wheeler
Councilmember Kris Oswald
Councilmember Jeff Fullmer
Councilmember Heidi Boyle
Councilmember Sid Hamberlin
City Attorney Scott Hall
City Administrator Micah Austin
City Clerk Joanna Dahm
City Planner Cindy Donovan
City Engineer Morgan Stewart
HR Director April Tracy
Code Enforcement Director Clarissa Jones
Parks Director Tyler Draney
Fiber Optics Director Bryan Bankhead
Systems Administrator Stephen Burke (via
Zoom)
Wes Jennings
Ken Quinton
Art Nunez
City Officials Absent:
Ammon City Council Regular Meeting 06.04.2026 Page 1 of 3
Ammon City Council June 18, 2026 Page 2 of 63
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.
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: May 21, 2026 – Regular Meetings
It was moved by Council Member Hamberlin and seconded by Council President Boyle 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:
ACTION ITEMS:
1. Consideration of an Amendment to the BMPO Bylaws - (Micah Austin, City Administrator)
It was moved by Council Member Wessel and seconded by Council President Oswald to approve the
BMPO Bylaw Amendments
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
DISCUSSION ITEMS:
1. Discussion of an Ordinance Banning Kratom - (Sheriff Hulse or designated Bonneville County
Sheriff's Office Representative , BCSO)-
Sgt Miller presents for Sheriff Hulse-explains that Kratom is available in basically all convenience
stores and anyone can buy it. Sgt Miller states it reacts in the body same as a narcotic. He stated
he has been involved in several traffic stops for impaired driving due to Kratom. In Bonneville
County in the last year there have been 6 deaths linked to Kratom.
Discussion by the Council, the majority of the council feels the ban on Kratom should be done at
the state level. If Ammon bans it they will just drive to Shelley, Iona or Rexburg as well as other
surrounding areas to purchase it. Both Council Member Oswald and Council Member Hamberlin
feel there should be a ban put into place.
2. Discussion of the FY27 Proposed Budget - (Jennifer Belfield, Finance Director)
Jennifer Belfield went through each section of the budget explaining revenues and expenditures.
Department Heads who were present came before the Council and briefly discussed their
budgets and asked if the Council had any questions.
Ammon City Council Regular Meeting 06.04.2026 Page 2 of 3
Ammon City Council June 18, 2026 Page 3 of 63
3. Miscellaneous
Mayor Powell - No worksession next week, Micah and the Mayor will be at the AIC Conference in
Boise.
Council Member Boyle - Asks what the plans are for America 250. Jennifer Belfield stated both
Randal Miller and herself applied for a grant but did not receive an answer back. Mayor Powell
stated we are doing a Fireworks Show. Jennifer Belfield stated it might be nice to get those who
are helping with Ammon Days a special America 250 t-shirt. City Administrator Austin stated
something that was very popular and useful was the cooling towels, we could have the America
250 put on them.
Council President Wessel - Asks if we will be putting watering days into effect, City Administrator
Austin stated no since we now have a metered watering system it works well. He stated
previously that having water come on all at one time is actually bad for the system, so we try not
to do that. Council President Scott Wessel would like to use the money from the Fire fund to
build more Sanitation buildings, to store more equipment and keep it out of the sun and
weather conditions to prolong life of equipment. City Administrator Austin stated he feels that
since Sanitation has its own revenue source, he proposes putting the money into parks. City
Administrator Austin states maybe the money should come out of the Sanitation Reserves to
cover more buildings. President Wessel agrees and would like money pulled from the Sanitation
Reserves to put towards new shell buildings, with the Fire Fund to go towards parks. Mayor
Powell directs Jennifer Belfield to add that into the budget.
Council President Wessel made a motion to adjourn the meeting
ADJOURN at 9:15 pm
______________________________
Brian Powell, Mayor
______________________________
Joanna Dahm, City Clerk
Ammon City Council Regular Meeting 06.04.2026 Page 3 of 3
Ammon City Council June 18, 2026 Page 4 of 63
Date: July 16, 2026
To: Mayor Powell and City Council
Presenting: Micah Austin, City Administrator
Subject: Appointment of Public Works Director, Rick Gehrke
Appointment of Rick Gehrke as Public Works Director
Staff Recommendation
- Staff recommends the City Council appoint Rick Gehrke as the Public Works Director for the City
of Ammon.
Summary of Analysis
1. The Public Works Director Position has been vacant since August 13, 2025. Filling the position
has been delayed due to many reasons, including the election of a new city council and mayor,
and the lengthy hiring process.
2. The Public Works Director position has been covered for the past several months by Nathan
Riblett and Tony Black.
3. The recruitment process for the Public Works Director position has concluded. The City of
Ammon received numerous applications.
4. After an extensive recruitment process, Mayor Powell offered the position of Public Works
Director to Rick Gehrke. Rick Gehrke has accepted the position, with a starting date in mid July.
5. Section 1-7-1 of the Ammon Municipal Code requires certain positions to be appointed by the
Mayor with the consent of the City Council. The position of Public Works Director is one of those
positions that must be confirmed by the City Council.
6. Mayor Powell, and all involved staff members, recommend appointing Rick Gehrke as the Public
Works Director for the City of Ammon.
Financial Impact
- The Public Works Director is a budgeted position and supervises all divisions of the Public Works
Departments. The position is funded by the Water, Wastewater, Streets, Sanitation, and
Pressurized Irrigation Divisions.
Motion
“I move to approve Rick Gehrke as the Public Works Director for the City of Ammon.
Attachments:
1. No attachments.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council June 18, 2026 Page 5 of 63
Date: June 18, 2026
To: Mayor Powell and City Council
Presenting: Morgan Stewart, City Engineer
Subject: Staff Report regarding TAP Grant SLA Agreement
Approval of the TAP State/Local Agreement for the Little Sand Pathways
Staff Recommendation
- Staff Recommends to approval of the contract
Summary of Analysis
1. The City received two federal TAP grants for pathways.
2. The grants are to construct 2 miles of pathway from 17th street to 49th S along the Little Sand
Creek Canal and connect with the 49th pathway slated for construction next year.
3. This agreement would kick off the project and move these pathways into the design phase.
Financial Impact
● This contract obligates the City to pay an initial $5,000, once the contract is signed.
● The City will be responsible for 7.34% of all costs related to this project currently estimated to be
$80,163.
Motion
I move to approve the TAP State/Local agreement for the Little Sand Pathways and authorize the
Mayor to sign the contract
Attachments:
1. Contract
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council June 18, 2026 Page 6 of 63
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 1
TAP STATE/LOCAL AGREEMENT
(DESIGN AND CONSTRUCTION)
PROJECT NO. A024(673)
LITTLE SAND PATH; 49TH S TO 17TH ST
KEY NO. 24673
PARTIES
THIS AGREEMENT is made and entered into this _________day of
____________________, _______, by and between the IDAHO TRANSPORTATION
DEPARTMENT, hereafter called the State and the CITY OF AMMON, acting by and through
its MAYOR AND COUNCIL, hereafter called the Sponsor.
PURPOSE
The Sponsor has requested funding under the Transportation Alternatives (TAP) Program.
The purpose of this Agreement is to set out the terms and conditions necessary to obtain Federal-
aid participation in the work.
The Sponsor acknowledges that this Agreement covers a project wherein federal aid funds
will be allocated, and Sponsor will comply with the requirements of 23 U.S.C. §313 & 23 CFR
§635.410.
NOTE: The Sponsor is responsible for complying with all project requirements and project
administration procedures outlined in the Transportation Alternatives Program Manual
available at http://apps.itd.idaho.gov/apps/manuals/manualsonline.html .
Since certain functions under this Agreement are to be performed by the State, involving
the expenditure of funds, and since the State can only pay for work associated with the State
Highway System, the Sponsor is fully responsible for all costs related to the project for work off
the State Highway System.
Authority for this Agreement is established by Section 40-317 of the Idaho Code.
The Parties agree as follows:
SECTION I. GENERAL
1. This Agreement is entered into for the purpose of complying with certain provisions
of the Federal-Aid Highway Act, in obtaining federal participation in the design
and construction of the project.
2. Federal participation in the costs of the project will be governed by the applicable
sections of Title 23 U.S. Code (Highways) and rules and regulations prescribed or
Ammon City Council June 18, 2026 Page 7 of 63
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 2
promulgated by the Federal Highway Administration, including, but not limited to,
the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part II.
3. Funds owed by the Sponsor shall be remitted to the State through the ITD payment
portal at: https://apps.itd.idaho.gov/PayITD .
4. Federal participation in the project is at the rate of 92.66%; local participation is
7.34%.
5. Scheduled funding for this project is listed on the approved Idaho Transportation
Investment Program, and subsequent revisions. Current estimated funding is as
follows:
a. Project Development - $116,000
(PL-$16,000, PC-$100,000)
b. Utilities (UT) - $0
c. Right of Way (ROW) - $0
d. Construction (CN) - $899,640
e. Construction Engineering - $76,500
(CE-$76,500)
f. Total Estimated Project Costs - $1,092,140
6. The Sponsor’s match for this project will be provided in cash in the amount of 7.34
percent of the entire project (currently $80,163).
7. This project shall be designed to State Standards as defined in the current version
of the Idaho Transportation Department’s Roadway Design Manual, or as
subsequently revised. The current version of the Roadway Design Manual can be
viewed at the following web site:
http://itd.idaho.gov/manuals/ManualsOnline.html .
SECTION II. That the Sponsor shall:
1. Provide a funding match of 7.34% of the Total Estimated Project Costs of
$1,092,140 and assume responsibility for all costs of the project over and above the
federal-aid limit of 92.66%.
2. Pay to the State the sum of FIVE THOUSAND DOLLARS ($5,000), estimated
to be the total expense to the State for this project. This amount will be applied
towards the Sponsor’s match. Upon project completion, if the estimated expense
does not reflect the true cost of the work performed by the State, the Sponsor shall
remit to the State the additional sum needed to cover the actual costs incurred by
the State.
Ammon City Council June 18, 2026 Page 8 of 63
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 3
3. Designate an authorized representative to act on the Sponsor’s behalf. That
authorized representative’s name is ___________________________________,
Phone No. ___________________.
4. With the assistance of the State, secure the services of a consultant to design the
project, and provide a copy of the project plans, specifications and estimate to the
State for review and approval.
5. Before advertisement for bids, provide to the State a certification that all rights-of-
way, easements, permits, materials sources, and agreements necessary for the
construction and maintenance of the project have been acquired. The Sponsor will
also certify that the contract proposal includes FHWA Form 1273 (Federal-aid
Contract Provisions), and will provide an environmental determination in
accordance with 23CFR 771.117.
6. Before advertisement for bids, provide to the State for review and approval a copy
of the Contract Proposal form, Notice to Contractors, and construction plans,
specifications and estimate. After the project is advertised for bids, provide the
State with a copy of the bidding documents.
7. Advertise for the construction of the project, open bids, prepare a contract estimate
of cost based on the successful low bid in accordance with State laws on
procurement procedures for local governments, and request State concurrence prior
to award.
8. Award a contract for construction of the project based on the successful low bid,
and provide the State a copy of the contract.
9. During construction of the project, Sponsor will provide a project manager and staff
to administer and inspect the project, and to provide inspection diaries and support
to the State’s Engineer. The individuals who will be performing inspection or
certifying the sampling and testing results of any materials must be qualified in the
appropriate inspector/sampler/tester area as identified in Memo 17B in the
Transportation Alternatives Program Manual.
10. The Sponsor shall prepare all monthly and final contract estimates and change
orders, and submit all major change orders to the State for approval. During the life
of the construction contract, prior approval of the State will be obtained if it is
necessary to deviate from the plans and specifications to such a degree that the
nature of the completed work is significantly changed.
11. In cooperation with the State, establish and cause to be maintained all construction
traffic controls deemed necessary to best serve the public interests and to expedite
the work in accordance with the MUTCD.
Ammon City Council June 18, 2026 Page 9 of 63
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 4
12. At no cost to the federal-share, cause to be replaced to original, equal or better
condition any existing pavement, regulatory signs, and other similar items damaged
as a result of the contractor’s operation, except as hereafter stated as obligations of
the State.
13. During design and construction of the project, be responsible for payment of all
invoices for work performed on the project. The Sponsor will provide monthly
invoices, and proof of payment of same, to the State for reimbursement of the
federal-aid share, up to the federal-aid limit noted in Section I, Paragraph 4 above.
14. Maintain all project records, including source documentation for all expenditures
for a period of three (3) years from the date of final acceptance. Provide the State
an electronic copy of these documents and records upon completion of the project.
If any litigation, claim, negotiation, or audit has been started before expiration of
the three-year period, the records shall be retained until completion of the action
and resolution of all issues that arise from it.
15. Maintain the project upon completion to the satisfaction of the State. Such
maintenance includes, but is not limited to, preservation of the building and
landscape as is necessary for safe and efficient utilization in accordance with
approved agreement with State, Federal, and Local preservation entities.
16. Comply with Exhibit B attached hereto and made a part hereof. By this agreement
Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title
VI of the Federal Code and to generally insert those provisions in all contracts that
it enters into that are federally funded on this project. If property acquired for this
project with Federal financial assistance is transferred, the recipient of the property
will be subject to Exhibit B if the property is used for the same purpose it was
originally acquired or for another purpose involving similar services or benefits to
the general public. Sponsor should contact the State prior to disposing of any
property acquired under this agreement.
17. Comply with all other applicable State and Federal regulations.
18. To the extent permitted by Idaho law and as provided by the Idaho Tort Claims Act,
indemnify, save harmless the State, regardless of outcome, from the expenses of
and against suits, actions, claims or losses of every kind, nature and description,
including costs, expenses and attorney fees that may be incurred by reason of any
act or omission, neglect or misconduct of the Sponsor or its consultant in the design,
construction and maintenance of the work which is the subject of this Agreement,
or Sponsor’s failure to comply with any state or federal statute, law, regulation or
rule. Nothing contained herein shall be deemed to constitute a waiver of the State’s
sovereign immunity, which immunity is hereby expressly reserved.
Ammon City Council June 18, 2026 Page 10 of 63
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 5
SECTION III: That the State shall:
1. Enter into an Agreement with the Federal Highway Administration covering the
federal government's pro rata share of design and construction costs, up to a
maximum of the federal-aid limit noted in Section I, Paragraph 4 above.
2. Assist in the selection of a Consultant, negotiate, and furnish the Agreement for
Consultant Services and any supplements thereto, to be used between the Sponsor
and Consultant on this project.
3. Review and approve the project plans and specifications.
4. Authorize the Sponsor to administer the project and make any necessary changes
and decisions within the general scope of the plans and specifications.
5. Appoint the Local Highway Technical Assistance Council (LHTAC) as the
contract administrator for the State.
6. Designate a resident engineer and other personnel, as the State deems necessary, to
supervise construction in accordance with the plans, specifications and estimates in
the manner required by applicable state and federal regulations. Review for
approval all major change orders submitted by the Sponsor, and conduct a final
inspection of the project when completed.
7. Upon receipt of monthly invoices from the Sponsor, submit same to the Federal
Highway Administration for reimbursement at the federal-aid participation rate of
92.66%, up to a maximum of the federal-aid limit noted in Section I, Paragraph 4
above.
8. Maintain complete accounts of all project funds received and disbursed, which
accounting will determine the final project costs.
9. Cooperate with the Sponsor in selection and designation of suitable construction
traffic control during project construction.
10. Designate an authorized representative to act on the State’s behalf. That authorized
representative’s name is ________Amanda LaMott________, Phone No.
___________________.
SECTION IV. Both Parties agree as follows:
1. Federal participation is contingent upon ultimate completion of the project. If for
any reason the project is removed from the program without being completed, then
the Sponsor shall be responsible for One Hundred Percent (100%) of all project
costs, and shall pay back to the State all costs previously reimbursed. If the
Ammon City Council June 18, 2026 Page 11 of 63
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 6
Sponsor’s deposit exceeds project costs, then the State shall return the unspent
balance to the Sponsor.
2. Sufficient Appropriation. It is understood and agreed that the State is a
governmental agency, and this Agreement shall in no way be construed so as to
bind or obligate the State beyond the term of any particular appropriation of funds
by the Federal Government or the State Legislature as may exist from time to time.
The State reserves the right to terminate this Agreement if, in its sole judgment, the
Federal Government or the legislature of the State of Idaho fails, neglects or refuses
to appropriate sufficient funds as may be required for the State to continue
payments. Any such termination shall take effect immediately upon notice and be
otherwise effective as provided in this Agreement.
3. All information, regulatory and warning signs, pavement or other markings, traffic
signals required, the cost of which is not provided for in the plans and estimates,
must be erected at the sole expense of the Sponsor upon the completion of the
project.
4. The location, form and character of all signs, markings and signals installed on the
project, initially or in the future, shall be in conformity with the Manual of Uniform
Traffic Control Devices as adopted by the State.
5. This Agreement shall become effective on the first day mentioned above, and shall
remain in full force and effect until amended or replaced upon mutual consent of
the State and the Sponsor.
Ammon City Council June 18, 2026 Page 12 of 63
TAP State/Local Agreement
Little Sand Path; 49th S to 17th St.
Key No. 24673
Page 7
EXECUTION
This Agreement is executed for the State by its Division Administrator and executed for
the Sponsor by the Mayor and Council, attested to by the City Clerk, with the imprinted
Corporate Seal of the City of Ammon.
IDAHO TRANSPORTATION DEPARTMENT
________________________________
Division Administrator
ATTEST: CITY OF AMMON
________________________ _________________________________
City Clerk Mayor
By regular/special meeting
on .
wd: Key No. 24673
Ammon City Council June 18, 2026 Page 13 of 63
RESOLUTION
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has
submitted an Agreement stating obligations of the STATE and the CITY OF AMMON,
hereafter called the CITY, for construction of a separated pathway along the Little Sand Canal to
provide connectivity to pedestrians and bicyclists to safely connect several neighborhoods on the
southern side of Ammon.; and
WHEREAS, the STATE is responsible for obtaining compliance with laws, standards
and procedural policies in the development, construction and maintenance of improvements
made to the Federal-aid Highway System when there is federal participation in the costs; and
WHEREAS, certain functions to be performed by the STATE involve the expenditure of
funds as set forth in the Agreement; and
WHEREAS, The STATE can only pay for work associated with the State Highway
system; and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Agreement for Federal Aid Highway Project A024(673) is hereby
approved.
2. That the Mayor and the City Clerk are hereby authorized to execute the
Agreement on behalf of the CITY.
3. That duly certified copies of the Resolution shall be furnished to the Idaho
Transportation Department.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called
special (X-out non-applicable term) meeting of the City Council, City of Ammon, held on
_____________________, _______.
(Seal) ___________________________
City Clerk
Ammon City Council June 18, 2026 Page 14 of 63
EXHIBIT B
1050.20 Appendix A:
During the performance of work covered by this Agreement, the Consultant for themselves, their assignees and
successors in interest agree as follows:
1. Compliance With Regulations. The Consultant shall comply with all regulations of the United States
Department of Transportation relative to Civil Rights, with specific reference to Title 49 CFR Part 21, Title
VI of the Civil Rights Act of 1964 as amended, and Title 23 CFR Part 230 as stated in the ITD EEO
Special Provisions and Title 49 CFR Part 26 as stated in the appropriate ITD DBE Special Provisions.
http://apps.itd.idaho.gov/apps/ocr/index.aspx
2. Nondiscrimination. The Consultant, with regard to the work performed by them during the term of this
Agreement, shall not in any way discriminate against any employee or applicant for employment;
subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other
individual or firm providing or proposing services based on race, color, sex, national origin, age, disability,
limited English proficiency or economic status.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations, either by bidding or negotiation, made by the Consultant for work or services performed
under subcontract, including procurement of materials and equipment, each potential subcontractor or
supplier shall be made aware by the Consultant of the obligations of this Agreement and to the Civil
Rights requirements based on race, color, sex, national origin, age, disability, limited English proficiency
or economic status.
4. Information and Reports. The Consultant shall provide all information and reports required by
regulations and/or directives and sources of information, and their facilities as may be determined by the
State or the appropriate Federal Agency. The Consultant will be required to retain all records for a period
of three (3) years after the final payment is made under the Agreement.
5. Sanctions for Noncompliance. In the event the Consultant or a Subconsultant is in noncompliance with
the EEO Special Provisions, the State shall impose such sanctions as it or the appropriate Federal
Agency may determine to be appropriate, including, but not limited to:
Withholding of payments to the Consultant until they have achieved compliance;
Suspension of the agreement, in whole or in part, until the Consultant or Subconsultant is found to be in
compliance, with no progress payment being made during this time and no time extension made;
Cancellation, termination or suspension of the Agreement, in whole or in part;
Assess against the Consultant’s final payment on this Agreement or any progress payments on current or
future Idaho Federal-aid Projects an administrative remedy by reducing the final payment or future
progress payments in an amount equal to 10% of this agreement or $7,700, whichever is less.
6. Incorporation of Provisions. The Consultant will include the provisions of paragraphs 1 through 5
above in every subcontract of $10,000 or more, to include procurement of materials and leases of
equipment unless exempt by the Acts, the Regulations, and directives pursuant thereto. The Consultant
shall take such action with respect to any subcontract or procurement as the State or the appropriate
Federal Agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into
any litigation to protect the interest of the State. In addition, the Consultant may request the United States
to enter into the litigation to protect the interests of the United States.
1050.20 Appendix E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with all non- discrimination
statutes and authorities; including but not limited to:
Ammon City Council June 18, 2026 Page 15 of 63
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented
by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).
Implementation Procedures
This agreement shall serve as the Sponsor’s Title VI plan pursuant to 23 CFR 200 and 49 CFR 21.
For the purpose of this agreement, “Federal Assistance” shall include:
1. grants and loans of Federal funds,
2. the grant or donation of Federal property and interest in property,
3. the detail of Federal personnel,
4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal
property or any interest in such property without consideration or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public
interest to be served by such sale or lease to the Sponsor, and
5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of
assistance.
The Sponsor shall:
1. Issue a policy statement, signed by the Sponsor’s authorized representative, which expresses its
commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated
throughout the Sponsor’s organization and to the general public. Such information shall be published
where appropriate in languages other than English.
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2. Take affirmative action to correct any deficiencies found by ITD or the United States Department of
Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement
Title VI compliance in accordance with this agreement. The Sponsor’s authorized representative shall be
held responsible for implementing Title VI requirements.
3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to
the Sponsor’s authorized representative. The Title VI Coordinator shall be responsible for initiating and
monitoring Title VI activities and preparing required reports.
4. Adequately implement the civil rights requirements.
5. Process complaints of discrimination consistent with the provisions contained in this agreement.
Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation.
Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; the
date the complaint was filed; the date the investigation was completed; the disposition; the date of the
disposition; and other pertinent information. A copy of the complaint, together with a copy of the Sponsor’s
report of investigation, will be forwarded to ITD’s EEO Office – External Programs within 10 days of the
date the complaint was received by the Sponsor.
6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs
and activities conducted by the Sponsor.
7. Conduct Title VI reviews of the Sponsor and sub-recipient contractor/consultant program areas and
activities. Revise where applicable, policies, procedures and directives to include Title VI requirements.
8. Attend training programs on Title VI and related statutes conducted by ITD’s EEO Office.
9. Participate in an annual review of the Sponsor’s Title VI Program, the purpose of which is to determine to
what extent the Sponsor has complied with Title VI requirements including the ADA. This review is
conducted one year from the date of approval of the Non-Discrimination Agreement and then annually on
the same date. The format for the Title VI review will be provided each year to the Sponsor for completion.
A determination of compliance will be made by ITD’s EEO Office based on the information supplied in the
review. This review of the Sponsor’s Title VI Program may also include an on-site review in order to
determine compliance.
Discrimination Complaint Procedure
Any person who believes that he or she, individually, as a member of any specific class, or in connection with any
disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights
Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973
and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may
also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor’s Title VI
Coordinator for review and action.
In order to have the complaint consideration under this procedure, the complainant must file the complaint no later
than 180 days after:
a) The date of alleged act of discrimination; or
b) Where there has been a continuing course of conduct, the date on which that conduct was
discontinued.
In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest
of justice, specifying in writing the reason for so doing.
Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative.
Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination.
In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the
person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person
in reducing the complaint to writing and submit the written version of the complaint to the person for signature.
The complaint shall then be handled according to the Sponsor’s investigative procedures.
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Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action
taken or proposed action to process the allegation, and advise the complainant of other avenues of redress
available, such as ITD and USDOT.
The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be
included in every notification to ITD:
a) Name, address, and phone number of the complainant.
b) Name(s) and address(es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national origin or sex)
d) Date of alleged discriminatory act(s).
e) Date of complaint received by the Sponsor.
f) A statement of the complaint.
g) Other agencies (state, local or Federal) where the complaint has been filed.
h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in
the complaint.
Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information
obtained, will render a recommendation for action in a report of findings to the Sponsor’s authorized
representative. The complaint should be resolved by informal means whenever possible. Such informal attempts
and their results will be summarized in the report of findings.
Within 90 days of receipt of the complaint, the Sponsor’s authorized representative will notify the complainant in
writing of the final decision reached, including the proposed disposition of the matter. The notification will advise
the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision
rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary
of findings upon completion of the investigation.
Contacts for the different Title VI administrative jurisdictions are as follows:
Idaho Transportation Department
Equal Employment Opportunity Office – External Programs
EEO Manager
PO Box 7129
Boise, ID 83707-1129
208-334-8884
Federal Highway Administration
Idaho Division Office
3050 Lakeharbor Lane, Suite 126
Boise, ID 83703
208-334-9180
Sanctions
In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all of
the following actions:
1. Cancel, terminate, or suspend this agreement in whole or in part;
2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or
refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor.
3. Take such other action that may be deemed appropriate under the circumstances, until compliance or
remedial action has been accomplished by the Sponsor;
4. Refer the case to the Department of Justice for appropriate legal proceedings.
Distribution: EEO Office
Revised: 03-09, 08-10, 08-17
Ammon City Council June 18, 2026 Page 18 of 63
Date: June 18, 2026
To: Mayor Powell and City Council
Presenting: Morgan Stewart, City Engineer
Subject: Staff Report regarding First Street SLA Agreement
Approval of the State/Local Agreement for the First Street Reconstruction
Staff Recommendation
- Staff Recommends to approval of the contract
Summary of Analysis
1. The City received a Federal grant for the reconstruction of First Street from 25th E to Ammon
Road.
2. Construction for First Street is tentatively slated for next spring after school is let out for summer.
3. This agreement is the last step before the funds are obligated for construction.
Financial Impact
● The City will be responsible for 7.34% of all costs related to this project.
● In addition to the match, the City will be responsible for overages.
● Bonneville County will reimburse the city for their portion of the match money and the city
currently has $30,000 in developer contributions for First Street.
Motion
I move to approve the State/Local agreement for First Street Reconstruction and authorize the
Mayor to sign the contract.
Attachments:
1. Contract will be presented at the Council Meeting
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council June 18, 2026 Page 19 of 63
Date: June 18, 2026
To: Mayor Powell and City Council
Presenting: Cindy Donovan – Planning Director
Subject: Staff Report regarding the request for a Conditional Use Permit for a model home within
the Granite Creek Subdivision
Copper Creek Homes Model Home Conditional Use Permit
Staff Recommendation
- Staff recommends approval of a conditional use permit with the following conditions and based
upon the following staff report.
● Valid for 1 year from approval date or 30 days from discontinued use, whichever occurs
first.
● The landscaping is maintained and the property is free of debris
Compliance
- This application is in compliance with Title 10 Chapter 9 and Title 10 Chapter 7 Section 13.
Criteria for Decision
1. 10-7-13: MODEL HOMES: Model homes may be allowed in any residential zone under the
following conditions:
(A) One (1) to five (5) model homes are permitted in any currently under development
subdivision containing a minimum of twenty (20) buildable lots at the time of opening of
the model homes. These allowed model homes shall not contain an office that operates
more than twenty-four (24) hours per week or
(B) A model home with an office that operates in excess of twenty-four (24) hours per week
may be allowed after granting of a conditional use permit, which has been approved
following the procedures in the City Code regarding conditional use permits or
(C) More than five (5) model homes may be allowed in a subdivision under development
after a granting of a conditional use permit, which have been approved following the
procedures in the City Code regarding conditional use permits or
(D) A model home may be allowed in any subdivision after a granting of a conditional use
permit, which has been approved following the procedures in the City Code regarding
conditional use permits.
2. 10-9-7: NOTICE OF HEARING: The Planning and Zoning Commission shall hold a public hearing
and make a recommendation to the Board of Adjustment in regards to granting or denying a
conditional use permit as provided in Section 67-6509 of the Idaho Code.
3. 10-9-8-C-15: Grant Other Conditional Use Permits Authorized by Ordinance. The Board of
Adjustment may grant other conditional use permits as deemed acceptable in the sole discretion
of the board and after considering all relevant facts and with the intent of creating uniformity in
granting of conditional use permits.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council June 18, 2026 Page 20 of 63
Summary of Analysis
1. City Code allows model homes that operate for less than 24 hours per week, but requires the
granting of a conditional use permit for a model home to operate more than 24 hours per week.
2. The request is to operate the model home Monday-Saturday from 10am-5pm.
● Staff at the model home will include 3 employees
● Staff would work up to 40 hours between 9am-7pm Monday-Friday. Inhouse sales
agents would be available 10am-5pm Monday-Saturday.
● The request is for 42 hours open to customers and 15 hours for office work. The total
hours of operation would be up to 57 hours per week.
3. There are no other model homes within the Granite Creek development
4. 2635 Spring Gulch Drive received a certificate of occupancy on August 28, 2020
5. The property is located in Granite Creek Division 1. Granite Creek Division 1 and 2 are primarily
built out. Division 3 has a recorded plat and is currently constructing infrastructure.
Parcel Characteristics
- General Location: southeast corner of 49th South and Thousand Springs Drive
- Lot Size: 0.36 acres / 15,698 sq ft
- Zoning: RP-A
Applicant’s Request
- Approval of Conditional Use Permit to operate a model home in excess of twenty-four (24) hours
per week at 2635 Spring Gulch Drive
- Presented by Ren Fergeson, SDH Construction (DBA Copper Creek Homes)
Notice of Hearing
- This public hearing was noticed as public hearing #2026-008
- Notice was published in the Post Register on Friday, May 15, 2026
- Notice was mailed to 42 property owners and 20 public entities on Wednesday, May 13, 2026
- Property was posted on Wednesday, May 20, 2026
- Public comment: 6 letters were received and are included in the packet
Planning and Zoning Commission
- Public hearing #2026-008 was held before the Commission on June 3, 2026
- Testimony was presented by the applicant, there was no additional testimony
- The Commission recommended approval unanimously
- The following Reasoned Statement is based upon the Commission’s deliberations:
● In compliance with Title 10 Chapters 7 and 9
● Operation of model home up to 46 hours per week
● Landscaping shall be maintained
● Maximum of five employees
● Period of one year or 30 days from discontinued use, whichever comes first
Motion Based on Staff Recommendation
I move to approve a Conditional Use Permit to operate a model home up to 46 hours per week
at 2635 Spring Gulch Drive, with up to five employees, valid for one year from approval date or
30 days from discontinued use, whichever occurs first, the landscaping is maintained and the
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council June 18, 2026 Page 21 of 63
property is free of debris, finding it is in compliance with the City Ordinance (if applicable, state
any conditions for recommending approval).
Attachments:
1. Vicinity Map
2. Planning and Zoning Commission Reasoned Statement
3. Written Testimony
4. 2635 Spring Gulch Drive Site Plan
5. Granite Creek Subdivision Division 1 Plat
6. Letter of Request from SDH Construction
7. Title 10 Chapter 7 Section 13 – Model Homes
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 3 Ammon City Council June 18, 2026 Page 22 of 63
Public Hearing #2026-008 – Vicinity Map
Copper Creek Homes – Model Home Conditional Use Permit
Ammon City Council June 18, 2026 Page 23 of 63
Ammon City CouncilJune 18, 2026Page 24 of 63
May 27, 2026
Sent via email: cdonovan@cityofammon.us City of Ammon Planning and Zoning Commission
Re: Public Hearing #2026-008 Request for Conditional Use Permit for Model Home Dear Planning and Zoning Commission:
I write to you on behalf of the Developer of the Granite Creek Subdivision Division No. 1, to
express our opposition to the application to approve a conditional use permit for 2635 Spring Gulch Drive to be used as a model home. My client is strongly opposed to granting this conditional use permit as Copper Creek Homes, the owner of this property, has not received permission to use this property as a model home as required by the CC&Rs.
As you know, the use of this property is restricted by the CC&Rs recorded for Granite Creek Division No. 1 recorded as Bonneville County Instrument No. 1543452. Pursuant to Section 5.9 of those CC&Rs, no lot can be used at any time for commercial business activities or purposes. While there is a small exception for model homes, this exception only applies when the owner
has been given permission by the Grantor to use the property as a model home. The owner of this
property has not requested permission to use this property as a model home and no such permission has been granted. Because using this property as a model home would violate the recorded CC&Rs for the property, the conditional use permit should be denied.
Another factor which should be taken into consideration as part of this application is the age of
the home and the manner in which the property has been cared for the past five years. Model homes are generally newly constructed homes located in new subdivisions where there are available building lots showcasing that builder’s latest floor plans and amenities. The house located at 2635 Spring Gulch Drive was constructed five years ago. It is unclear if Copper Creek
still offers the floor plan or any of the amenities included in this property. Additionally, Division
1 of Granite Creek is completely finished and is now an established neighborhood. There are no buildable lots available in Granite Creek Division 1. It does not make sense to have a model home located in the middle of an established neighborhood as requested by Copper Creek.
The manner in which the property has been maintained for the past year and is currently being
maintained should also be taken into consideration. Copper Creek has not kept up on the maintenance of this property for the past year at all. The Developer has received multiple complaints regarding the unkemptness of this property. This property is not a “model” by any stretch of the imagination.
Finally, the application should be denied as Copper Creek has already been operating this property as a model home in violation of the CC&Rs and the City’s code. The City and the HOA have already reached out to Copper Creek and instructed them that they do not have permission
Ammon City Council June 18, 2026 Page 25 of 63
to operate a model home without permission. Instead of ceasing operations, Copper Creek has ignored the City, the HOA, and the Developer and continued to operate the model home. The
actions of applicant show a complete disregard for City Ordinances. While an application to the
City has now been made, Copper Creek has made no similar application to the Developer. If the conditional use permit is approved, it will embolden Copper Creek to continue on with its violations of the CC&Rs.
Because the property has not been maintained, is located in the middle of an established
neighborhood, and cannot operate as a model home under the CC&Rs, the application for a conditional use permit should be denied. If you have any additional questions or would like any further documentation or information,
please do not hesitate to contact me.
Thank you
Cory R. Stegelmeier
Ammon City Council June 18, 2026 Page 26 of 63
May 26, 2026
Dear City of Ammon Council Members,
We are writing regarding the Copper Creek Homes model home property located at 2635 Spring
Gulch Drive, currently owned by SDH Construction, doing business as Copper Creek Homes.
We would like to formally express our opposition to their request for conditional use approval.
At this point, the company no longer maintains a substantial stake in the Granite Creek
Subdivision. At present, it appears as though SDH Construction owns only one lot in the
subdivision. At the time the original conditional use permit was granted, SDH Construction (dba
Copper Creek Homes) owned the majority of the lots, and was working closely with the land
developer. Situations have changed, and that relation no longer exists. Because of that, we do
not believe it is appropriate for them to seek or receive special consideration that would allow
them to operate a business within the Granite Creek residential neighborhood.
As a residents of Granite Creek for more than three years, we have a strong interest in
protecting not only the property values of our neighborhood but also the close,
community-oriented environment that makes Granite Creek unique. Our subdivision has always
been defined by its residential character, quiet streets, and the sense of connection among
neighbors – with activities ranging from Fourth of July celebrations to Halloween Carnivals.
Allowing a commercial operation to function within the subdivision would undermine those
qualities.
Real estate market analyses consistently show that introducing commercial or industrial activity
into residential zones correlates with decreased home values. National studies from
organizations such as the Appraisal Institute and the National Association of Realtors indicate
that proximity to non-residential uses can reduce surrounding property values by 5–15%,
depending on the intensity of the activity, traffic generation, and perceived disruption to
neighborhood cohesion.
Even small-scale commercial uses can have measurable negative impacts on surrounding
home valuations due to increased traffic, noise, parking concerns, and the erosion of a
neighborhood’s residential identity. These factors directly influence buyer perception, appraisal
outcomes, and long-term desirability.
This concern is not hypothetical. Neighbors within Granite Creek have previously been warned
about operating home-based businesses (e.g., hair and nail salons, real estate offices, etc.),
which reinforces the expectation that all residents and property owners must adhere to the
same residential-use standards. Granting conditional use approval to SDH Construction would
contradict those prior enforcement actions and create an inconsistent and unfair precedent.
For these reasons, we respectfully request that the conditional use request be denied in order to
preserve the residential integrity, close-knit character, and long-term property values of the
Granite Creek Subdivision.
Thank you for your time, consideration, and attention to this matter.
Respectfully,
James R. and Kimberly D. Case
2779 Granite Falls Drive
Ammon City Council June 18, 2026 Page 27 of 63
May 26, 2026
Good morning,
My husband and I live in the Granite Creek neighborhood and we have been discussing
the issue of Copper Creek Homes wanting to continue using 2635 Spring Gulch Dr as
an office. We want our neighhood to stay residential and are opposed to it being re-
zoned as well as opposed to Copper Creek Homes continuing to use the home as an
office.
Thank you,
Christa Kent
Ammon City Council June 18, 2026 Page 28 of 63
May 26, 2026
Dear Planning and Zoning Commission,
My name is Joseph Morley and I am a homeowner in the Granite Creek subdivision. My
testimony regarding the request for a Conditional Use Permit for a model home on 2635 Spring
Gulch Drive is short.
Since moving into our home at 5105 Thousand Springs Dr., I've observed a steady decline in
the state of the yard of the house at 2635 Spring Gulch. The yard is consistently in disrepair
with weeks growing, tumbleweed piling up, grass unwatered and uncut, etc. There are often
multiple vehicles parked on the curb, in front of the front door, causing extra congestion on a
narrow access point to the neighborhood. In short, over the 2 years I've observed the home, it
hasn't been particularly appealing and it's been over-trafficked. It's sat on the market for a very
significant amount of time which has exacerbated these problems.
I encourage the committee to require this and future model homes to be in newer phases of the
subdivision and ask that these be true model homes, not company office space / model
hybrids. I also request that any model home be required to keep strict adherence to community
lawn standards, befitting a "model" home in the community.
Sincerely,
Joseph Morley
Ammon City Council June 18, 2026 Page 29 of 63
May 27, 2026
Dear City of Ammon Planning and Zoning Commission,
We respectfully submit this letter in opposition to the request by Copper Creek Homes for a
Conditional Use Permit to designate the property located at 2635 Spring Gulch Drive in the
Granite Creek Subdivision as a model home. While we understand the value model homes can
provide in active developing areas, we do not believe this request is appropriate for this location
or circumstance.
First, the home in question is approximately five years old and is located within an already
established portion of the neighborhood where active new construction is no longer occurring.
Additionally, the landscaping and exterior maintenance of the property has not been consistently
maintained as of late, as reflected in the attached photographs that were taken May 18, 2026. A
model home should serve as a positive representation of ongoing development and community
standards.
It has also come to our attention that any model home within Granite Creek Subdivision must be
approved under the 5.9 Commercial Use section of the Granite Creek Subdivision CC&Rs. We
believe this requirement is an important consideration in reviewing this request and should be
verified as part of the approval process.
Furthermore, it is our understanding that Copper Creek Homes will not have any future
opportunities to build within future phases of the Granite Creek Subdivision. Given the lack of
ongoing or future construction activity within this subdivision, there appears to be no practical
justification for maintaining a model home at this location. For these reasons, we respectfully
request that the city deny the Conditional Use Permit request for a model home at 2635 Spring
Gulch Drive.
Thank you for your consideration.
Odyssey Homes
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May 27, 2026
Cindy,
I am writing in regards to the request for a conditional use permit for a model home at
2635 Spring Gulch Road in the Granite Creek Subdivision. While I am not opposed to
this request being granted I do have a safety concern. The road at the entrance has not
been widened and has been made more narrow by the addition of pylons to keep
people from cutting the corner. If parking is allowed on Thousand Springs Drive in front
of the home it further restricts traffic. While there are regulations that require no parking
within a set distance of a stop sign, Ammon has the authority to require the road
widening to occur or to restrict parking to enhance safety.
The increased traffic from the commercial development using the same entrance as the
residential development is not ideal and will negatively impact safety. There are many
children in the neighborhood and it is my hope that the board considers the impact of
increased traffic and what the board can do to maintain safety for the residents.
Paul Taylor
2682 Pinfire Creek Drive
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Page 5 of 5 SPECIAL PROVISIONS REVISED 04-17-2025
(A) The activity to be carried on must not generate an amount of vehicular traffic that will
be detrimental to values in surrounding area.
(B) Lights which may be used must be directed away from surrounding residential area.
(C) In the opinion of the City Council, the development will be in harmony with the
objectives of the zoning ordinance and with the characteristics of the zone in which
the development is located.
10-7-9: CIRCUSES AND CARNIVALS: A circus or carnival may be permitted on a
temporary basis in any zone, but only after a valid conditional use permit has first been issued by
the City Council.
10-7-10: FENCES: No fence, wall, hedge, or other sight obscuring object or structure which
is more than three (3) feet in height shall be constructed or allowed to exist above said height
within fifteen (15) feet of any front lot line along any street. This section shall not be construed to
permit any structure, shrub, hedge or sight obscuring object to exist in violation of Section 10-5-8
of this ordinance.
10-7-11: HOSPITALS: Hospitals may be permitted in any zone, but only after a valid
Conditional Use Permit has first been issued by the City Council.
10-7-12: CORNER LOT SETBACKS: Corner lot setbacks shall comply with the
requirements of Section 10-5-8 which relates to the clear view of intersecting streets and ways,
and Section 10-5-19 which relates to the exceptions to front and side yard setback requirements.
In addition, setback requirements for accessory buildings from internal lot lines of corner
lots shall be the same as the setback requirements for the adjacent lots which share the common
interior lot line or as required for similar lots within the same zone.
10-7-13 MODEL HOMES: Model homes may be allowed in any residential zone under
the following conditions:
(A) One (1) to five (5) model homes are permitted in any currently under development
subdivision containing a minimum of twenty (20) buildable lots at the time of
opening of the model homes. These allowed model homes shall not contain an
office that operates more than twenty-four (24) hours per week or
(B) A model home with an office that operates in excess of twenty-four (24) hours per
week may be allowed after granting of a conditional use permit, which has been
approved following the procedures in the City Code regarding conditional use
permits or
(C) More than five (5) model homes may be allowed in a subdivision under
development after a granting of a conditional use permit, which have been approved
following the procedures in the City Code regarding conditional use permits or
(D) A model home may be allowed in any subdivision after a granting of a conditional
use permit, which has been approved following the procedures in the City Code
regarding conditional use permits.
Ammon City Council June 18, 2026 Page 41 of 63
Date: June 18, 2026
To: Mayor Powell and City Council
Presenting: Cindy Donovan – Planning Director
Subject: Staff Report regarding a request to amend the Tom Bird Addition plat to split a lot into
two buildable lots
Tom Bird Addition Division 1 1st Amended Plat
Staff Recommendation
- Staff recommends approval of the final plat based on the following staff report
Compliance
- This plat is in compliance with City Ordinance Title 10 Chapter 14 R-1 Residence Zone and
10-29-9 Final Plat Requirements.
Summary of Analysis
1. The amended plat includes two buildable lots and public right-of-way dedication for Ross Avenue
2. The property is located within the flood plain. Mitigation will be required for structures on the
property.
3. The property currently has one water and one sewer service. Additional services would be
necessary for the second lot.
4. The Tom Bird Addition Division 1 plat was recorded on May 27, 1998
5. A 60 foot road easement connecting to the south property was included on the original plat. The
cul-de-sac at the end of Ross Avenue will be removed and will connect to the south at a future
time.
6. The Fire Marshal has reviewed the plat and will require a turn around on Lot 3.
Parcel Characteristics
- General Location: north of 49th South, east of Ammon Road, south of Sunnyside Road, and west
of Ross Avenue
- Acres: 2.872 acres
- Zoning: R-1
- Lots: 2
- Average Lot Size: 1.418 Acres
Applicant’s Request:
- Approval of the Tom Bird Addition 1st Amended Plat
- Presented by Barry Bame, Krossroads Engineering
Planning and Zoning Commission
- The Commission reviewed the plat on June 3, 2026.
- The Commission recommended approval unanimously
Motion Based on Staff Recommendation
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council June 18, 2026 Page 42 of 63
I move to approve the Tom Bird Addition Division 1 1st Amended Plat finding it is in compliance
with the Comprehensive Plan and City Ordinance subject to technical review (if applicable, state
any conditions for recommending approval).
Attachments:
1. Vicinity Map
2. Tom Bird Addition Division 1 1st Amended Plat
3. Tom Bird Addition Division 1 Recorded Plat
4. 10-37-2 (A) Dimensional Standards by Zone
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council June 18, 2026 Page 43 of 63
24"X36" SHEET SIZE
SCALE VARIES
MAPS
SHEET NO.May 15, 2026BWBPRELIMINARY REVIEWNOT FOR CONSTRUCTIONof11DRAWN BY:CHECKED BY:CONTACT PERSONBARRY BAME NAME: PHONE:208-757-9514 EMAIL:BARRYB@KROSSROADSENGINEERING.COMCall 811 Before You DigDIGLINE1ST AMENDED TOM BIRD ADDITION
DIVISION NO. 1VICINITYSITEAmmon City CouncilJune 18, 2026Page 44 of 63
S00° 30' 28"E51.48'C1
30.00'
N89° 29' 19"E - 61.00'
30.50'30.50'C2C3N89° 23' 54"E - 818.10'N08° 40' 31"E - 151.99'S89° 23' 55"W - 872.88'S00° 30' 28"E - 61.51'S00° 30' 28"E - 98.52'BLOCK 1
CURVE TABLE
CURVE #
C1
C2
C3
LENGTH
32.20
116.81
15.30
RADIUS
49.98
50.00
20.00
DELTA
036°54'41"
133°51'03"
043°49'39"
CHORD LENGTH
31.65
92.00
14.93
CHORD BEARING
S72° 04' 49"E
S23° 36' 26"E
S21° 24' 22"W
N89° 25' 03"E - 1024.25'
N89° 23' 05"E - 3444.70'
30.00
30' MINIMUM BUILDING
SETBACK PER TOM BIRD
DIVISION NO. 1 PLAT
15' PUBLIC UTILITY
EASEMENT 15.00
X X X
XXXXXX
XXROSS AVENUEARNOLD WADSWORTH ADDITION
UNPLATTED
UNPLATTED
HILLCREST RANCH DIVISION 1
LOT 1
TOM BIRD
ADDITION
DIVISION 1
ENTIRE PROPERTY LOCATED
IN AE FLOOD ZONE
WEBBER
UNPLATTED
LOT 3
1.835 ACRES
LOT 4
1.000 ACRES35.00ACCESS FOR LOT 4.
NO DIRECT ACCESS
OFF OF ROSS AVENUE15.0015' WIDE PUBLIC
UTILITY EASEMENT
N00° 30' 28"W150.00'297.53'
298.06'544.82'
520.57'
35' WIDE CROSS ACCESS EASEMENT
SUBDIVISION BOUNDARY
LOT BOUNDARY LINE
ADJOINING BOUNDARIES
ROAD CENTERLINE
PLSS SECTION LINE
EASEMENTS (AS NOTED)
BUILDING SETBACK AS NOTED
EXISTING FENCE
CROSS ACCESS EASEMENT
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________________________________________________________
Justin M. Steffler, P.L.S. 14222 Date
BASIS OF BEARING NOTE
The bearings on this plat relate directly to the "City of Idaho Falls Coordinate System of 2004",
which is derived from the Idaho State Plane Coordinate System (East Zone 1101), US Survey
Feet, and using a combined scale factor of 1.000277265 for a grid-to-ground conversion
(reference frame NAD_83(2011), epoch 2010.0000). The system orientation is based on grid
north along the East Zone central meridian. No convergence angle has been applied.
LEGEND
PLSS SECTION CONTROL (AS NOTED)
SET 5/8" IRON ROD WITH PLASTIC CAP MARKED "PLS 14222"
SET 1/2" IRON ROD WITH PLASTIC CAP MARKED "PLS 14222"
FOUND 1/2" IRON ROD WITH PLASTIC CAP MARKED "PLS 10944"
FOUND 5/8" IRON ROD WITH PLASTIC CAP MARKED "PLS 12457"
FOUND 1/2" IRON ROD WITH NO CAP
CALCULATED POINT (NOT SET)
PUBLIC UTILITY EASEMENT
RECORD MEASUREMENT
P.U.E.
WEST 1/4 COR. SEC. 35
FOUND PK NAIL - TO BE REPLACED
C. P. & F. TO BE FILED
EAST 1/4 CORNER SECTION 35
ALUMINUM CAP MONUMENT
CP&FR INST. NO. 1607685
RECORDED 05/06/2019 BY PLS 12222
(R)
FIRST AMENDED TOM BIRD ADDITION DIVISION NO. 1
TO THE CITY OF AMMON
BEING A REPLAT OF LOT 2, BLOCK 1, TOM BIRD ADDITION DIVISION NO. 1,
LOCATED IN THE NORTH 1/2 OF THE SW 1/4 OF SECTION 35,
TOWNSHIP 2 NORTH, RANGE 38 EAST, B.M., BONNEVILLE COUNTY, IDAHO
X
05/28/26
26041/T.2N.R.38E.SEC.35
1ST AM. TOM BIRD NO 1.
PS/JSDATE:
PROJECT:
DRAWN/CHK BY:
430 SNAKE RIVER CIRCLE
RIGBY, IDAHO 83442
208-715-4380
TITLE
112 S. MAIN STREET SUITE D
FIRTH, IDAHO 83236
208-757-9514
Ammon City Council June 18, 2026 Page 45 of 63
BLOCK 1 ROSS AVENUEARNOLD WADSWORTH ADDITION
UNPLATTED
UNPLATTED
HILLCREST RANCH DIVISION 1
LOT 1TOM BIRDADDITIONDIVISION 1ENTIRE PROPERTY LOCATEDIN AE FLOOD ZONE
WEBBERUNPLATTED
LOT 31.835 ACRES LOT 41.000 ACRES
35.00
ACCESS FOR LOT 4.NO DIRECT ACCESSOFF OF ROSS AVENUE
15.00
15' WIDE PUBLICUTILITY EASEMENT
35' WIDE CROSS ACCESS EASEMENT
IRRIGATION WATER RIGHTS STATEMENT
Notice is hereby given that all lots or proterty included within this plat are within the Progressive Irrigation
District and to satisfy the requirements of I. C. §31-3805, Subsection (1)(B) a signed Water Use Assessment
Agreement between the City of Ammon, Idaho and the Developer is pending.
RECORDER'S CERTIFICATE
I hereby certify that the foregoing subdivision plat, FIRST AMENDED TOM BIRD ADDITION DIVISION NO. 1 TO THE
CITY OF AMMON,
was filed in the Office of the Recorder of Bonneville County, Idaho, on this __________ day of __________________, 2026
at __________ and recorded as Instrument Number _______________________.
______________________________________________________ DATE________________
BONNEVILLE COUNTY RECORDER
05/28/26
26041/T.2N.R.38E.SEC.35
1ST AM. TOM BIRD NO 1.
FIRST AMENDED TOM BIRD ADDITION DIVISION NO. 1
TO THE CITY OF AMMON
BEING A REPLAT OF LOT 2, BLOCK 1, TOM BIRD ADDITION DIVISION NO. 1,
LOCATED IN THE NORTH 1/2 OF THE SW 1/4 OF SECTION 35,
TOWNSHIP 2 NORTH, RANGE 38 EAST, B.M., BONNEVILLE COUNTY, IDAHO
OWNER'S DEDICATION
KNOW ALL MEN BY THESE PRESENTS that we the undersigned are the lawful owners of the tract
of land included in the boundary description shown hereon and have caused the same to be platted and
divided into blocks, lots, private streets and easements to be hereafter known as FIRST AMENDED
TOM BIRD ADDITION DIVISION NO. 1 TO THE CITY OF AMMON.
BE IT FURTHER KNOWN that we do hereby dedicate to the Public all rights-of-way shown hereon,
that we also grant and convey to the public all public utility easements shown hereon and that we
hereby warrant and shall defend the estate subject to such dedication and conveyances in the quiet and
peaceful possession of the Public against said owners and their heirs and assigns, and against every
person whomsoever who lawfully holds or who later claims to have lawfully held any rights in said
estate as of the date hereof. We also certify that the lots shown on this plat will receive water from the
City of Ammon. We also certify that the lots shown on this plat will receive sewer service from
Eastern Idaho Regional Sewer District, and said company has agreed in writing to serve said lots.
IN WITNESS WHEREOF, we have hereunto set our hands this ______ day of _____________, 2026.
_____________________________________
Calvin Packer, Owner
Ray Properties, LLC
_________________
Date
ACKNOWLEDGMENT
STATE OF _________________)
:SS.
COUNTY OF _______________)
On this_______ day of_________________, 2026, before me, a notary public in and for said state,
personally appeared Calvin Packer, known or identified to me to be the Owner of the limited liability
company of Ray Properties LLC and the person who subscribed said limited liability company's name to
the foregoing OWNER'S Dedication and acknowledged to me that he executed the same in said limited
liability company's name as a person authorized to bind such limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and the year in
this certificate first above written.
__________________________________________
Notary Public for the State of __________________
Residing at: ________________________________
Commission Expiration Date: __________________
SUBDIVISION DATA
Total Acreage: 2.872 Acres
Number Of Lots: 2
Smallest Lot Size: 1.000 Acres
Largest Lot Size: 1.835 Acres
Average Lot Size: 1.418 Acres
Right-Of-Way: 0.038 Acres
Lot Density: 0.705 Lots/Acre
BOUNDARY DESCRIPTION
Lot 2 Block 1, Tom Bird Addition, Division No. 1 to the City of Ammon, also described as:
COMMENCING at the West 1/4 Corner of Section 35, Township 2 North, Range 38 East, Boise Meridian, Bonneville
County, Idaho; Thence, S 89° 25' 03" E along the north boundary of said Section for a distance of 1024.25 feet to the
TRUE POINT OF BEGINNING; Thence, N 89° 23' 54" E for a distance of 818.10 feet to the beginning of a
non-tangential curve; Thence along said curve turning to the right through an angle of 43° 49' 39", said curve having a
radius of 20.00 feet, an arc length of 15.30 feet, and a long chord bearing S 21° 24' 22" W for a distance of 14.93 feet to
a point of reverse curve; Thence along said curve turning to the left through an angle of 133° 51' 03", said curve having
a radius of 50.00 feet, an arc length of 116.81 feet, and a long chord bearing S 23° 36' 26" E for a distance of 92.00 feet
to a point of intersection with a non-tangential line; Thence, S 00° 30' 28" E for a distance of 51.48 feet; Thence, S 89°
23' 55" W for a distance of 872.88 feet; Thence, N 08° 40' 31" E for a distance of 151.99 feet to the TRUE POINT OF
BEGINNING.
PRE
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CITY ACCEPTANCE
The plat on which this certificate appears is hereby approved and the dedications are hereby accepted by the City of
Ammon adopted this _________ day of ________________, 2026.
___________________________________________
MAYOR
___________________________________________
CITY CLERK
COUNTY SURVEYOR'S VERIFICATION
I hereby certify that I have examined this plat and find that it complies with I.C. §50-1305.
_____________________________________________________________________________________________
BONNEVILLE COUNTY SURVEYOR DAVID ROMRELL, PLS 12223 Date
TREASURERS CERTIFICATE
I, the undersigned County Treasurer in and for the County of Bonneville, State of Idaho, pursuant to the requirements
of I.C. §50-1308, do hereby certify that all County property taxes due for the property included in the Boundary
Description shown hereon are current.
Date:_____________ ______________________________________________________
BONNEVILLE COUNTY TREASURER
HEALTH DEPARTMENT CERTIFICATE OF APPROVAL
Sanitary restrictions as required by I.C. §50-1326 have been satisfied based on the Department of
Environmental Quality (DEQ) approval of the design plans and specifications and the conditions imposed
on the developer for continued satisfaction of the sanitary restrictions. Buyer is cautioned that at the time of
this approval, no drinking water or sewer/septic facilities were constructed. Building construction can be
allowed with appropriate building permits if drinking water or sewer facilities have since been constructed
or if the developer is simultaneously constructing those facilities. If the developer fails to construct facilities
or meet the other conditions of DEQ, then sanitary restrictions may be reimposed, in accordance with I.C.
§50-1326, by the issuance of a certificate of disapproval, and no construction of any building or shelter
requiring drinking water or sewer/septic facilities shall be allowed.
EASTERN IDAHO PUBLIC HEALTH DISTRICT
______________________________________________________________________
ENVIRONMENTAL HEALTH SPECIALIST, REHS Date:
SURVEYOR'S CERTIFICATE
I, Justin M. Steffler, a licensed professional land surveyor in the State of Idaho, do hereby certify that the survey of this
subdivision, designated as FIRST AMENDED TOM BIRD ADDITION DIVISION NO.1 TO THE CITY OF AMMON,
was made under my direction, and that said subdivision is truly and correctly surveyed and staked as provided by law and
in accordance with the accompanying plat as described hereon.
__________________________________________________________________
Justin M. Steffler, P.L.S. 14222 Date
SURVEY NARRATIVE
1. The purpose of this survey is to amend Lot 2 Block 1 of Tom Bird Addition Division No. 1 to the City of Ammon
recorded as instrument No. 969011 into the configuration shown on this map.
2. Documents used in conjunction with the survey include: Tom Bird Addition Division No. 1 to the City of Ammon
recorded as instrument No. 969011,
3. Monuments found during the ground survey fit record to a reasonable degree and were accepted as found.
FLOOD PLAIN DESIGNATION
The property shown hereon is located within Flood Zone Designation AE (Flooding Effects from Sand
Creek Drainage), per Flood Rate Map number 160028001 C, revised affective date February 1, 2023.
PUBLIC UTILITY NOTE
Utilities shall have the right to install, maintain, and operate their equipment above and blow ground and all other
related facilities within the Public Utility Easements identified on this plat map as may be necessary or desirable in
providing utility services within and without the lots identified herein, including the right of access to such facilities
and the right to require removal of any obstructions including structures, trees and vegetation that may be placed
within the PUE. The utility may require the lot owner to remove all structures within the PUE at the lot owner's
expense, or the utility may remove such structures at the lot owner's expense. At no time may any permanent
structures be placed within the PUE or any other obstruction which interferes with the use of the PUE without the
prior written approval of the utilities in the PUE.
38E2N35
RTSEC1/4
SHEET 2 OF 2
East Sunnyside Road
PROJECT
LOCATIONAmmon RoadMaizy
W
a
y
VICINITY SKETCH (N.T.S.)Ross Avenue___________________________________________
CITY ENGINEER Western Tanager WayMountain Bluebird WayPS/JSDATE:
PROJECT:
DRAWN/CHK BY:
430 SNAKE RIVER CIRCLE
RIGBY, IDAHO 83442
208-715-4380
TITLE
112 S. MAIN STREET SUITE D
FIRTH, IDAHO 83236
208-757-9514
W 49TH S
Ammon City Council June 18, 2026 Page 46 of 63
Ammon City Council June 18, 2026 Page 47 of 63
ZonesMaximum Density (Units Per Acre)Minimum Lot Area (Square Feet)Minimum Lot WidthMinimum Open SpaceFront Setback MinimumSide Setback Minimum (except zero lot line properties)Rear Setback MinimumMinimum Square Footage (Single Story, Above Grade)Minimum Square Footage (Multi-Story, Above Grade)Maximum Building HeightAccess WidthAccessory StructureAccessory Dwelling Unit (ADU)Attached Units AllowedMinimum Landscape StripRequired BuffersChild Care Facilities Require a Home Occupation LicenseAssisted Living CenterRE 1.00 43,560 125'70%50'20'25'1,500 2,600 35'30'P P 1.00
RP 2.50 15,000 100'70%30'10'25'1,400 2,400 35'30'P P 1.00 P
RP-A 2.50 13,000 90'70%30'10'25'1,200 2,000 35'30'P P 1.00
R-1 4.00 8,000 75'70%30'8'25'1,000 1,500 35'30'P P 1.00 P
R-1 prior to
6-27-13 4.00 8,000 80' 70% 30'8' 25' 1,000 1,500 35' 30' P P 1.00 P
R1-A 4.00 6,000 sq ft/unit 52'/unit 70%30'P1, 8'25'1,000 1,500 35'30'P 2.00 P
RS 6.00 4,000 50' 50% 25'
14' total with a
minimum of 4'
on one side 20' 800 1,200 35' 20' P 1.00
R-2 8.00 P2 100'65%30'P1, 8'25'900 1,300 35'30'P 4.00 10'
R2-A 12.00 P3 100'65%30'P1, 8'25'1,100 40'30'P up to 8.00 10'Fence P
R-3 16.00 P4 100'65%30'P1, 8'25'40'30'P up to 16.00 10'Fence P
R3-A 20.00 P5 100'65%30'P1, 8'25'40'30'P up to 20.00 10'Fence P
RMH 6.00 5,000 sq ft 50'70%15'5'20'1,000 35'30'P 1.00
MU 20'
Not Permitted
P Permitted
P1
P2
P3
P4
P5 For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For
each building containing three or more dwelling units the minimum lot area is 12,200 sq. ft. plus 2,200 sq. ft. for each dwelling unit.
10-37-2 (A) DIMENSIONAL STANDARDS BY ZONE
There shall be no side yard requirement for the property line between zero lot line single family attached dwellings where the dwelling units are attached by party wall/common walls with
the following requirements: a) At the point at the rear of any party wall/common wall where an attached dwelling becomes detached along the zero lot line, the side yard requirement shall
be no less than four (4) feet from the foundation of the detachment to the property line. b) For detached portions that are at the front of an attached dwelling, there shall be no less than
four (4) feet from the foundation of the detachment to the property line and there shall be no more than four (4) feet running front to back of the dwelling that shall be detached from the
dwelling sharing the party wall/common wall. c) There shall be an attached party wall/common wall of no less than twelve (12) feet between any attached dwellings permitted within this
chapter or any subsequent chapter allowing single family attached dwellings.
For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For
each building containing three or four dwelling units the minimum lot area is 18,000 square feet.
For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For
each building containing three to eight dwelling units the minimum lot area is 5,000 sq. ft. plus 3,000 sq. ft. for each dwelling unit.
For each building containing one dwelling unit the minimum lot area is 8,000 square feet. For each building containing two dwelling units the minimum lot area is 10,000 square feet. For
buildings containing three (3) or more dwelling units, an area of not less than twelve thousand seven hundred fifty (12,750) square feet, plus an additional two thousand seven hundred
fifty (2,750) square feet per dwelling unit for each dwelling unit above three (3) shall be required.
6/5/2025
Ammon City Council June 18, 2026 Page 48 of 63
Date: June 18, 2026
To: Mayor Powell and City Council
Presenting: Cindy Donovan – Planning Director
Subject: Staff Report regarding the Tom Bird Division 1 First Amended Plat Standard Development
Agreement
Tom Bird Addition Division 1 1st Amended Plat Standard Development Agreement
Staff Recommendation
- Staff recommends approval of the standard development agreement
Compliance
- This plat is in compliance with City Ordinance Title 10 Chapter 40:
● 10-40-1: APPLICIBILITY: At its sole discretion, the City Council may require conditions in a
Development Agreement specific to the land use request that exceeds or supplements the
underlying zoning requirements. Any restrictions or conditions required by the City Council are
intended to maintain and enhance the public health, safety, and general welfare of current and
future residents of the community and to ensure the financial stability of the City of Ammon to
carry out all required public services for the new development while not compromising City of
Ammon infrastructure and the level of service to existing residents and businesses.
● 10-40-2: CLASSES OF DEVELOPMENT AGREEMENTS: The following two classes of
development agreements may be utilized to make a contractual commitment concerning the use
or development of a subject parcel. Both classes are referred to as Development Agreements
but have different statutory requirements.
1. Standard Development Agreement (SDA). As a condition of approval for any land use
decision or land use activity, with the exception of rezone applications, the City Council may
require the applicant to enter into a Standard Development Agreement with the City of Ammon.
A request to enter into a Standard Development Agreement for a subject property may be
submitted by the applicant or required by the Commission, the City Council, or by the City
Administrator, including the Planning and Zoning Director, or City Engineer, at any time prior to
final approval. A Standard Development Agreement is a binding contract between the City of
Ammon and the owner or developer of a property. Failure of the developer or land owner to
comply with the terms of the Standard Development Agreement will result in immediate
issuance of stop orders for the development and in the immediate prohibition in the issuance of
any additional building permits or certificates of occupancy. Said Standard Development
Agreement may include various special conditions specific to the development. Public notice or
public hearing is not required for adoption or modification of a Standard Development
Agreement unless otherwise required by law.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council June 18, 2026 Page 49 of 63
Summary of Analysis
1. Property was annexed in October, 1993
2. The Tom Bird Addition Division 1 plat was recorded on May 27, 1998
3. A 60 foot road easement connecting to the south property was included on the original plat. The
cul-de-sac at the end of Ross Avenue will be removed and will connect to the south at a future
time.
4. The Fire Marshal has reviewed the plat and will require a turn around on Lot 3.
5. The Standard Development Agreement includes the following special conditions:
● SC-1: Developer agrees to pay 110% for construction of Ross Avenue, based upon the
submitted engineers estimate including road, curb, gutter, and sidewalk to City
standards, prior to Certificate of Occupancy. Until such time the road connects to the
south subdivision the cul de sac shall remain.
● SC-2: Improvements to the property regarding fire safety including but not limited to:
fire hydrants, turnaround shall be constructed as directed by the Fire Marshal
Parcel Characteristics
- General Location: north of 49th South, east of Ammon Road, south of Sunnyside Road, and west
of Ross Avenue
- Acres: 2.872 acres
- Zoning: R-1
- Lots: 2
- Average Lot Size: 1.418 Acres
Applicant’s Request:
- Approval of the Tom Bird Addition 1st Amended Plat Standard Development Agreement
- Presented by Barry Bame, Krossroads Engineering
Motion Based on Staff Recommendation
I move to approve the Tom Bird Addition Division 1 1st Amended Plat Standard Development
Agreement (if applicable, state any conditions for recommending approval).
Attachments:
1. Calvin Packer, Tom Bird Division 1 First Amended Plat DRAFT Standard Development Agreement
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council June 18, 2026 Page 50 of 63
CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13
STANDARD DEVELOPMENT AGREEMENT
(CITY OF AMMON/CALVIN PACKER, TOM BIRD DIVISION 1
AMENDED)
THIS AGREEMENT, made and entered into this ____ day of ____, 2026, 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 Calvin Packer, an individual, 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 June 3, 2026, the Tom Bird Division 1 First Amended Plat was approved
by the Planning and Zoning Commission; and
WHEREAS, on , 2026, the Tom Bird Division 1 First Amended Plat 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 , 2026, the Mayor and City of Council of the City of Ammon,
Idaho, considered the Calvin Packer, Tom Bird Division 1 Amended 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:
PLACE INSTRUMENT LABEL HERE
Ammon City Council June 18, 2026 Page 51 of 63
CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13
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.
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 Ordinance No. 233 was recorded on October 13, 1993.
5.1.2. Final Plat was recorded on May 27, 1998.
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.
Ammon City Council June 18, 2026 Page 52 of 63
CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13
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
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 create a “dark sky”
community, conforming with the International Dark Sky Guidelines. 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 of the area as a retention area will occur only after
completion and acceptance of drainage infrastructure, landscaping, sprinkling, and
any public amenities necessary for the retention pond consistent with any
improvement drawings and which benefit the neighboring property and 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
development and the Ammon community. Satisfactory acceptance by the City of
any above-grade improvements to retention areas shall be determined by the City
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CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13
Administrator. The Developer shall maintain ownership and maintenance of all
retention ponds, sprinklers, and open areas. Storm drainage systems shall be
conveyed to the City of Ammon.
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
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 based upon the topography of the
development and engineering standards, as approved by the City Engineer. Should
City elect to have installed sewer line in excess of the size needed for this subject
development, to accommodate development beyond the subject development, the
City may agree 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 based upon the topography of the
development and engineering standards, as approved by the City Engineer. Should
the City elect to have installed water line in excess of the size needed for this subject
development to accommodate development beyond the subject development, the
City may agree 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
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CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13
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
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
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CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13
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
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 preliminary plat
approved by the Planning and Zoning Commission and approved by the City
Council and the City Engineer, 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. Any property
dedicated to the City for future expansion of a public street shall be landscaped in
accordance with City standards and maintained by the Developer, until such time
the property is sold. Then said property shall be maintained by the adjoining
landowner, or their assigns until such time the roadway is constructed.
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CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13
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
is turned over to the City of Ammon. A guarantee of completion in accordance with
City Code 10-29-17 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 approval of a final plat 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 10-29-17. 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.
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CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13
6.24. That when arterial roadway or infrastructure is required as part of a preliminary 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
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 prior to the time
of the building permit application. Developer shall provide proof of payment to the
City. 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
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CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13
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 the amount, as provided in the current City of Ammon Fee
Resolution at the time of the issuance of the building permit, per residential unit to
be dedicated to parks and open space improvements within the general vicinity of
the proposed development. 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.
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 agrees to pay 110% for construction of Ross Avenue, based upon
the submitted engineers estimate including road, curb, gutter, and sidewalk to City
standards, prior to Certificate of Occupancy. Until such time the road connects to
the south subdivision the cul de sac shall remain.
7.2. SC-2: Improvements to the property regarding fire safety including but not limited
to: fire hydrants, turnaround shall be constructed as directed by the Fire Marshal.
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
Ammon City Council June 18, 2026 Page 59 of 63
CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13
2135 South Ammon Road
Ammon, Idaho 83406
(208) 612-4051 Phone
(208) 612-4009 Fax
Owner:
Calvin Packer
3381 E. Larson Drive
Idaho Falls, ID 83401
(208) 681-7807
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
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 Standard Development Agreement shall not be
considered a binding precedent for the issuance of other development agreements.
The Standard 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.
8.11. Certification of Compliance. Developer hereby certifies pursuant to Section 67-
2346, Idaho Code, that the Developer, its wholly owned subsidiaries, majority
owned subsidiaries, parent companies and affiliates, are not currently engaged in,
and will not for the duration of this Agreement, knowingly engage in, a boycott of
goods or services from Israel or territories under its control.
Developer hereby certifies pursuant to Section 67-2359, Idaho Code, that the
Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent
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CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13
companies and affiliates, are not currently wholly or partly owned or operated by
the Government of China or any company that is owned or operated by the
Government of China.
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 OWNER
By:___________________________ By: ____________________________
Brian Powell, Mayor Calvin Packer, Owner
ATTEST:
_______________________________
Joanna Dahm, City Clerk
Ammon City Council June 18, 2026 Page 61 of 63
CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 12 of 13
STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2026 before me the undersigned, a Notary Public in and
for said State, personally appeared Brian Powell, 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 _______________, 2026 before me the undersigned, a Notary Public in and
for said State, personally appeared Calvin Packer, known or identified to me to be the individual
that executed the attached Development Agreement and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date:
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CALVIN PACKER TOM BIRD DIVISION 1 FIRST AMENDED PLAT STANDARD DEVELOPMENT AGREEMENT - Page 13 of 13
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION
Lot 2 Block 1, Tom Bird Addition, Division No. 1 to the City of Ammon, also described as:
COMMENCING at the West 1/4 Corner of Section 35, Township 2 North, Range 38 East, Boise
Meridian, Bonneville County, Idaho; Thence, S 89° 25' 03" E along the north boundary of said
Section for a distance of 1024.25 feet to the TRUE POINT OF BEGINNING; Thence, N 89° 23'
54" E for a distance of 818.10 feet to the beginning of a non-tangential curve; Thence along said
curve turning to the right through an angle of 43° 49' 39", said curve having a radius of 20.00
feet, an arc length of 15.30 feet, and a long chord bearing S 21° 24' 22" W for a distance of 14.93
feet to a point of reverse curve; Thence along said curve turning to the left through an angle of
133° 51' 03", said curve having a radius of 50.00 feet, an arc length of 116.81 feet, and a long
chord bearing S 23° 36' 26" E for a distance of 92.00 feet to a point of intersection with a non-
tangential line; Thence, S 00° 30' 28" E for a distance of 51.48 feet; Thence, S 89° 23' 55" W for
a distance of 872.88 feet; Thence, N 08° 40' 31" E for a distance of 151.99 feet to the TRUE
POINT OF BEGINNING.
EXHIBIT B
TO
DEVELOPMENT AGREEMENT
BMPO ACCESS MANAGEMENT PLAN
Ammon City Council June 18, 2026 Page 63 of 63