HomeMy WebLinkAbout11 07 2021 Ord. 840State of Idaho
County of Bannock
PROOF OF PUBLICATION
Idaho State Journal
I, I�a�w�.Gia�l.iui�o{: Collins Crapo first being duly sworn, depose and say: That I am the Gla9sifed
A LaaaW,,or Processing Cleric employed by Adams Publishing Group of the Rockies LLC, publishers of
Idaho State Journal, a newspaper of general circulation, published 4 days, Tues -Wed -Friday and Sunday,
at Pocatello, Idaho.
That the notice, of which a copy is hereto attached and made a part of this affidavit, was pub-
lished in said Idaho State Journal for 1, first publication having been made on 11/07/2021 last publica-
tion having been made on 11/07/2021, and that the said notice was published in the regular and entire
issue of said paper on the respective dates of publication, and
that such notice was published in the
newspaper and not in a supplement.
Subscribed and sworn to before me, on this 8th day of November, 202 %%���
bas,a.q ,u � .. �La-d��• 0
BETH CROSSLEY
NOTARY PUBLIC STATE OF IDAHO Notary Public
COMMISSION NUMBER 68167
(COMMISSION EXPIRES 7-28-202211
My commission expires:
attached jurat
STATE OF IDAHO
ss.
COUNTY OF BANNOCK
On this 8th day of November, 2021 before me, the undersigned, a Notary public for said state, person-
allyappeared Hativn-Giar�iititrer Collins Crapo, known or identified to me to be the persons) whose
name(s) is/are subscribed to the within instrument, and being by me first duly sworn, declared .that the
statements therein are true, and acknowledged to me that he/she/they executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
BETH CROSSLEY
NOTARY PUBLIC - STATE OF IDAHO
COMMISSION 11
UP,I3ER 68167
MY COMMISSION EXPIRES 7-28 2022
167164
Notary Public for APG of the Rockies
Residing: Idaho Falls,
Idaho
Commission expires:
AD# 167164AD#
Cay
RENEWAL PROJECT,YMICHPLAN INCLUDESflEVENUE
TO COUNTY AND STATE OFFICIALS AND OTHER TAXING
balmtlades odglna0y tleemM eT:gDle b the 2018 Study ao Ne 2019 Study, N a tleterbmted area
vgs Flan are necessary and in the unci of public health, lately, am welfare of the numal of
'L47
6ractatd W the CM Cmntll, the City Clerk and/
drangeswmod6catbns, darty.
542906121(a)(ivl for the Hamill Springs Protect
:1
d� e� The a �� designm the ronai,em and
wWrconstruction
of certain ba'owgmund pwlk blranmciwa In support an emee9a y n,earal services slat n pwswnt In laano Code Section SO 290M Its
prose §re prolanion
Tia er pneeilrg, design, estatlalbn, arlsW.iion, aw raeoMn Pion M uldNes Iwltldn and aAside of the Boleti Meal incbd^ J WI rot Finaed m anpmvemeMs antl upg2tlas to die wafer tlistrrbution sys!em, wafer
a
e.
capadty imgvrerrents, water smmga upgades, sewer rystem imposements and upgrades, bh station, and Imprwemenls, anW tggmos bWwer, gas, §beraptica, communka9ons, and other svdl lao�'s. Constrrotion M uktos
i,�yn, ea �e.r, -_- r�rl'i'L'iS'i'7•.�7f*T - - ' -
1. the acquisition of real propedY br Wbf rlyN-otway and streetrape inpmsemenls, uclly ur�r�un g, eNension. upryads, prM'ic parks ant open p m, pedeseian tacwdes, Pathways antl trails. recreadmal
ss points arm m erraurage de.rebpmeM opWroudbes consistent wilt Ne Pmn, vrom6rg but trot Drned m fih ire��sposRion b qualR d devebpers br quafRetl dvrebpmeMs,
gg The d-sP shim M Beal pmpery t�rou� mpetitive precess in aaordance with Uvs Plan, Idaho law, vdWnlg Mao Coda S 50.2011, and airy dsposakn polldes adopted try pne Ageuy
h. The demur tion w remord M certain i 6ngs anNm uryrmemenls tar oWdle is of way ant see to efi mprmxmeMs, pedestrian ary, m un MSdy conditions,
eMing, exbnsm, and upgrades, eubue parks and keel.
p latlkties, and b arcowaga antl eMarroe 1mnPataeon ao mobS4Y pions, d tars: lized parcels, b e6Nwm unhoaltNW, unsanitary, w msafe cmdmms, eMnnnam obsolete or a9ter uses tletmnmtal m Ne putgk
Ji w clherwisa to ramose w b prerant the spreatl of deoiwr Iltg w daooraled mrdnions;
The
Moral gemeM of am/ prWeM aaNured 13' and Imtler Ne onnersNp ant mnwl 01 agercMervy,
the
I. Ths tlBsebpnenl w radesabpmenl M lantl by private eMerpriso wpubfic i kv tees e acccMavre
and nim this Than,
k. The mnstncMn ant f nciN support of hkaztruchae necessary W the prm+.cu M vme% edo it and aNwnelhe transportation;
L Theprobsmn of( anal ami elfin azsisfarce ber¢arage grealerdersayoaNerbwsogreaorlmd use efadends am Realer social alModunities through good osvJn, together winch will round bdeceased ox
am
all nonoral rot Ne Clry' resdmis and b�inesses;
The habiiotbn M stmc4sres and impmvameMs by present o4ners, the( succession, o aro the lar Int,
m The preparatbn ami assomNY of atlequate sites brtha devebpmanlaM constnslion of ti for rMxeduse commarnial, office. retail, cWhval centers. §ansit lac&ties.m MxallacvM1.es.etlucational faWais, msNen§al,
aril 9oernmeMal Ise;
In mBaboratbn won pmperfyovmers and other slakeho!tler5. Mthe Cay mameM mwgragWatiors(d necessary5 and standards am gWddiuls br the de sign of stmehicape, Newal streets, plates, mWA use
pathways, parks, and open space and other Gke puNk spats applkade to the w' I Mea as nseded m support oWomo talion of t PUn;
P. In canjunciton with the Cay, the staMishrnenl ant Implementation of performance clone to asswe Ngh sae tlaslgn elements ami odiena nerdal quarry and other nal sexua is when prol unity and boyay to that
ro Reject Area, Including mmmitmeM of funds or planning studies, scudevrng high standards at desebP nt, aril leveraging such darebptnent b arhiese pubib obiechies ant el5dent use of scarce reoures;
s
q To me exon allowed by law, ked w v ,*A federal funds b latiEote des bpment and/or redesebpmenL
The prVell br notation assistance In displaced Projen ores occupants, azd law, w within the discussion M tion the Agency Board Wdisplaced btsinesses: ant
t Other related'mprosemeMs b Nose described above as I Wier tlsmbed m Na SweNdy M mp�a eyhalhents� PJ adopted
C
bN se CIx bur she
,oats mry be ameliMntl poeFul
time m Ma. UrW atle avadade be dea�oPtd Pd+aneoen� ure les m pmnc agencies s auNorized tr/alaw The Hamill Spnrigs Plan iden hfi s sanious yu
Wvao impi d" whkh rtwy be made wiNm the Project Area.
The Urban Parrewal Rn�acl Area antl Revenue Adocatbn Area herein relarretl m H desrnDed s bkmws:
M area mnsislvg of apgoxtrwoly 309 aces yxremiNy braotl roeN of New
Day Parkway aril wrest of Inorsoo 15 it is parWdy Iwunded by W&le Road m the west, Tyhae Pond m the nmM.IMerstao IS m the east and New Da/
hasn"
Parkway On swih, and as more vv tkwaM des bed as blows:
A PARCEL OF LOCATED IN SECTI0.Y 35, TOWNSHIP 5SOUff PANGS 34 EAST. BOISEMERIDIAN, BANNOCK COUNTY,IDAHO, DESCfl10ED h{ORE PAPTCULARLV AS FOLLOWS:
BEGINNING AT THE SOUTH Us CORNER OF SECTION WTHENCE NORTH O'OG'S5' EAST,(BASIS OF BEARING PER THE EAST ZONE OFTHE IDAHO STATE PLANE COORDINATE SYSTE/AIALONG THE LONGITUDINAL
CENTERLINE OF SECTION 35, A DISTANCE OF 26511.69 FEUTO THE CENTER 1/d CORNER OF SECTION 35;
1HEWE NORTH 89'48'40' Ill ALONG THE LATITUDINAL CENTERLINE OF SECTION 35, A DISTANCE OF 1585 80 FEET TO A POINT ON THE CENTERLINE OF THE HILINE CANAL;
TIENCE FOLLOWING ALONG THE SAID CENTERONE AS S11OVM ON RECORD OF SURVEY FOR THE ADAMS COMPANY RECORDED AS INSTRUMENT N0.20900250 IN THE OFFICIAL RECORDS OF BANNOCKCOUN-
LINE
OF SAID SECTION 35;
COUNTY;
206 59 FEET TO A POINT OF NON -TANGENCY VrtTH A I1609.16FOOTRADIUS CLIME, THE CENTER OF WHICH DEARS SOUTH 72'0940' EAST;
THROUGIi A CENTRAL ANGLE OF 9'30'09' FOR AN ARC LENGTH OF I925.3T FEET (THE CHORD OF SAID CURVE BEARS SOUTH 13'05'08' NEST A DISTANCE OF
LME OF A PARCEL OF LAND BELONGING TO TIE CfTV OF CHVOBUCK AS DESCRIBED
IN WARRANTY
THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINES OF SAID PARCEL OF LAND OVER THE FOLLOWINGTHREE (3) COURSES.
1. SOlJ1T119'3639'WESTA DISTANCE OF 103.46 FEET;
2. $DUDE 9'23'19'WESTA DISTANCE OF 73669 FEET;
J, SOlRH 21'19'tX)'WESiA DISTANCE OF 25343 FEET TOA POINT ON THE SOUTH LINE OF SND BECTON 35:
THENCE NORTH 89'51'08' WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 1556.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 26101 ACRES. MORE OR LESS.
FREED/4 OFS SECTION
PARCEL3AS SHOWN ONRECORDSSURVEY FOP ANDREW 6TODDAflD((NST. NO3f90010fj
A PARCEL OF COUNTY,
LOCATED INTHE SOUTHWEST t/d OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN,
BA"NOCK AT
IDAHO. DESCRIBED AS FOLLOWS:
BEGINNING AT TIE SOUTH 1/4 CORNER OF SECTION M. BEING MONI/M ENTED BY A 3/4 INCH IRON ROD AS DESCRIBED IN CORNER PERPETUATION RECORDED AS INSTRUMENT N0.205203501N THE OFFICIAL
CORDS OF KCOUNTY;
THENCE NORTHHB9'b8914 d'45' WEST, ALONG THE SOUTH LINE SECTION A DISTANCE OF 029.46 FEET;
THENCE NORTH 0.04'20' EAST A DISTMJCE OF 125881 FEET;T; THEME NORTH 48'13'43' EAST A DISTANCE OF 97 85 FEET;
FREED —THE LANDS DE0CflI8ED IN OURCLAIM DEED GRANTEDTO CHRISTOPNEfl FNEED ((NST. N0.22016e43)
A9 thn portion of the Southwest OuarterMtiro SolMwest Ouarler of Section 35,7 nsftip SSouN. Range 34 jEasll, BamotleCamy,Idaho; Adn9 Earl of Ne center lite of H2ina Canalarminn9 agaceMmDeetl a93015342. ExcelA
mal pMion East M Ne rat€ a Canal orb adjacent m Dated p2200100t
ContaiNng approx. I.5 acres, mite a less.
State of Idaho
County of Bannock
PROOF OF PUBLICATION
Idaho State Journal
I, Basi-6iarxi+raa,-or Collins Crapo first being duly sworn, depose and say: That I am the C'{assif�ecl•
�rla-nagcr, or. Processing Clerk employed by Adams Publishing Group of the Rockies LLC, publishers of
Idaho State Journal, a newspaper of general circulation, published 4 days, Tues -Wed -Friday and Sunday,
at Pocatello, Idaho.
That the notice, of which a copy is hereto attached and made a part of this affidavit, was pub-
lished in said Idaho State Journal for 1, first publication having been made on 11/07/2021 last publica-
tion having been made on 11/07/2021, and that the said notice was published in the regular and entire
issue of said paper on the respective dates of publication, and that such notice was published in the
newspaper and not in a supplement. %1�1, ti. t.o�'
Subscribed and sworn to before
me, on this 8th day of November, 202 �-d.Lp
attached jurat
STATE OF IDAHO
ss.
COUNTY OF BANNOCK
Notary Public
My commission expires:
On this 8th day of November, 2021 before me, the undersigned, a Notary public for said state, person-
ally appeared �-Caa��i�i-er Collins Crapo, known or identified to me to be the persons) whose
name(s) is/are subscribed to the within instrument, and being by me first duly sworn, declared that the
statements therein are true, and acknowledged to me that he/she/they executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
I
• • s
,
NOTARY••STATE OF • •
COMMISSION NUMBER 68167
MY COMMISSION
attached jurat
STATE OF IDAHO
ss.
COUNTY OF BANNOCK
Notary Public
My commission expires:
On this 8th day of November, 2021 before me, the undersigned, a Notary public for said state, person-
ally appeared �-Caa��i�i-er Collins Crapo, known or identified to me to be the persons) whose
name(s) is/are subscribed to the within instrument, and being by me first duly sworn, declared that the
statements therein are true, and acknowledged to me that he/she/they executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
167183
Notary Public for APG of the Rockies
Residing: Idaho Falls, Idaho
Commission expires:
I
• • s
,
167183
Notary Public for APG of the Rockies
Residing: Idaho Falls, Idaho
Commission expires:
AD# 167183AD#
Section 100 includes an introduction, the history and curroutconditions of the Project Area, as weld as the purpose of a-tivities.
Section 200 references the boundaries of the Project Area.
Sections 300 through 313 discuss the proposed redevelopment actions, participation opportunities and agreements, cooperation with public bodies, property acquisition standards and requirements. relocation, demolition, and
properly disposition.
Section 401 dscusses the t e "'a"
uses authorized in the Project Area. Section 407 describes design guidelines for tlevelopment.
The Harvest Springs Plan els¢ contains a significant secIfon on fenancirg. Among other sources, the Harv¢st Springs Plan w� ulitize revenue allocetion financing, aulhodzed by the Act. This sleWtewas approved in 1988 by Ne Idaho
Legislature. Section 502 end ARachmenl5 discuss revenue allocation fmanclng -ow
how such financing has worked aM would work in the Project Area in the future if certain new prfval¢ developments occur as estimated.
Increases in assessed valuation of real and persona( property fn the Project Area that occur ager January 1, 2021, will generate rovenue for the Agency to pay project costs as sat lorBi in the Harvest S$ppnngs Plan. The assessed
aluation of real and a al oparty on the base assessment roll is still available for use by the other taxing districts. Bannock Countyy, Bannock County Abatement-isUicl. City of Chuhbuck, PocalHlo School No. 25, Bannock
County Ambulance, Bannock Countyy Road 8 Bridge, and Portneuf Frae library to finance a'. -
u operations.The Harvest Springs Plan -a
the Agency to sell revenue bonds to finance project costs and to use annual revenue
allocations to pay the debt service. AddilfOnaAy Iha Agency Is authorized to fund projeds on;pay-as you go basis, through partpation agreements with developers/properly owners, and others, such as public onbties, as further
set forth fn the Harvust Spp -ngs Plan.
The program ouNned in the Harvest Springs Plan emphasizes the installation of needed public improvements, street improvements, utility work, and other costs to encourage private development.
Adachmenl5 descdbes m detail the cost and financing methods for— to repayment of the debt incurred used to finance projects and to also fund Ne additional described activities.
The Harvest Springs Plan lolbwe Ne underNing zonij classifications of the Cily. Soctiau 800 and 700 describe cooperative acUwuos by the Agency with the City.
The duration of the Harvest Springs Plan is (or twenty (20) years. A termination process is desc bed in Section 80001 the Harvest Springs Plan.
Sections 9004100 include procedures for amendments, severability, reporting requirements and incorppoo ;tion of aeaUments.
ATTACHMENTSrTO THE HARVEST SPRINGS PLAN
Attachment 1 Boundary Map or Harvest Sp Ings Urban Renewal PrW'ect Area and Revenue Allocation Area
Adachment 2 Legal De 111kan of Harvest Spnngs Urban Renewal Project Area and Revenue Allocation Area
ARachmen13 Private Properties Which May be Acquired by the Agency
Attachmenl4 Map Depicting Exp¢ -led Land Use and Current Zoning Map of the Project Area
Attachment 5 Economic Feasibility Study
Attachment6 Agricultural Operation Consents
The lull tett ¢f the Ordinance 840 is available at the offices of the City Clark, Chubbuck City Hall, at 290 E Linden Avenue, Chubbock, Idaho, 83202.
TNs summary is approved by the Chubbuck Cityy Council et its meeting of November 3, 2021.
KeWn R. England, Mayor ATTEST: Joey Bowers, City Clerk
I, Thomas J. Holmes, City Attorney for the city of Chubbuck, Idaho, hereby declare and certify that in my capacity as City Ahorney of the city of Chubbuck, pursuant to Idaho Code Section 50.901 A(3) of the Idaho Code as amended.
I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and said Summary of Ordinance provides adequate notice to the public of the contents, including the exhibits, of Ordinance
No. 840
DATED this 3rd day of November 2021. Thomas J. Holmes, City Attorney Chubbuck, Idaho
OVERALL TIF DISTRICT AREA CONTAINS 309.10 ACRES, MORE OR LESS.
The Project Area is also depicted in the map below.
Published: 11/72021 (167164/167183)
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Published: 11/72021 (167164/167183)
THE IDAHO STATE JOURNAL
SUNDAY, NOVEMBER ], 2021
CITY OF CHUBBUCK
SUMMARY OF ORDINANCE NO. 840
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF CHUBBUCK, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE HARVEST SPRINGS URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE
ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND OTHER TAXING
ENTITIES; PROVIDING SEVERABILITY, CODIFICATION, AND PUBLICATION BY SUMMARY, AND ESTABLISHING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK:
SECTION 1: It is hereby found and determined that:
(a) The Harvest Springs Project Area as defined in the Harvest Springs Plan, the boundaries of which are smaller than the boundaries originally deemed eligible in the 2018 Study and the 2019 Study, is a deteriorated area
or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act.
(b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Harvest Springs Plan are necessary and in the interests of public health, safety, and welfare of the residents of
the City.
(c) There continues to be a need for the Agency to function in the City.
(d) The Harvest Springs Plan conforms to the Comprehensive Plan.
(e) The Harvest Springs Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed-use, commercial and
light industrial components of the Harvest Springs Plan and the need for public improvements and the proposed public open spaces) and shows consideration for the health, safety, and welfare of any residents or businesses in the
general vicinity of the urban renewal area covered by the Harvest Springs Plan.
(f) The Harvest Springs Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises.
(g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Harvest Springs Plan provides a feasible method for relocation obligations of any displaced families residing within the Project Area and there is not anticipated
to be any activity by the Agency that would result in relocation.
(h) The collective base assessment roll of the Harvest Springs Project Area together with the base assessment roll values of the Existing Project Areas, do not exceed ten percent (10%) of the assessed values of all the taxable
property in the City.
(i) The Harvest Springs Plan includes the requirements set out in Idaho Code § 50-2905 with specificity.
0) The Harvest Springs Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban
renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions.
(k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code §§ 50-2018(9) and 50-2903(8)(f), does include agricultural operations for which the Agency has received written consents.
(1) The portion of the Harvest Springs Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the
Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City.
(m) The portion of the Harvest Springs Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in
the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing
cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential
to the program of the City.
SECTION 2: The City Council finds that the Project Area has a substantial portion of open land, that the Agency may acquire any open land within the Project Area, but does not intend to do so on any widespread basis, and that
the Project Area is planned to be developed and/or redeveloped in a manner that will include both residential and nonresidential uses. The City Council finds that for the portions of the Project Area deemed to be "open land," the
criteria set forth in the Law and Act have been met.
SECTION 3: The City Council finds that one of the Harvest Springs Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now
contain such opportunities, and the portion of the Project Area which is identified for nonresidential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of
the City's Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City.
SECTION 4: The Harvest Springs Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk ands
or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 3, 2021, public hearing, and incorporate changes or modifications, if any.
SECTION 5: The boundaries of the Harvest Springs Project Area do not overlap the boundaries of a highway district, and therefore, an agreement pursuant to Idaho Code Section 50-2908(2)(a)(iv) for the Harvest Springs Project
Area is not required.
SECTION 6: No direct or collateral action challenging the Harvest Springs Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance
adopting the Harvest Springs Plan.
SECTION 7: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Tax Assessor of Bannock County and to the appropriate officials of the Bannock County Board of
County Commissioners, City of Chubbuck, Bannock County Abatement District, Bannock County Ambulance, Bannock County Road & Bridge, Pocatello School # 25, Portneuf Free Library, and the State Tax Commission a copy of
this Ordinance, a copy of the legal description of the boundary of the area and a map or plat indicating the boundaries of the revenue allocation area.
SECTION 8: The City Council hereby finds and declares the equalized assessed valuation of the Revenue Allocation Area, as defined in the Harvest Springs Plan, is likely to increase as a result of the initiation and completion o1
urban renewal projects pursuant to the Harvest Springs Plan.
SECTION 9: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are
appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit
on the Board. Except for the powers to appoint and terminate Board members and to adopt the Harvest Springs Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency.
SECTION 10: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code § 50-2006 to designate itself as the Agency Board.
SECTION 11: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act.
SECTION 12: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect
the validity of remaining portions of this Ordinance.
SECTION 13: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved.
SECTION 14: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled.
SECTION 15: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect.
PASSED by the City Council of the city of Chubbuck, Idaho, on this 3rd day of November 2021.
APPROVED by the Mayor of the city of Chubbuck, Idaho, on this 3rd day of November 2021.
EXHIBITS TO THE ORDINANCE
Exhibit 1 A Resolution of the Land Use and Development Commission forthe City of Chubbuck, Idaho, Validating Conformity of the Urban Renewal Plan forthe Harvest Springs Urban Renewal Project with the City's Comprehensive
Plan
Exhibit 2 Notice Published in the Idaho State Journal
Exhibit 3 Urban Renewal Plan for the Harvest Springs Urban Renewal Project
Exhibit 4 Ordinance Summary
SUMMARY OF HARVEST SPRINGS PLAN
The Urban Renewal Plan for the Harvest Springs Urban Renewal Project ("Harvest Springs Plan") was prepared by the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority
('Agency") pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the 'Act"), and all
applicable laws and ordinances and was approved by the Agency. The Harvest Springs Plan provides for the Agency to undertake urban renewal projects pursuant to the Law and the Act.
The Harvest Springs Plan contains a revenue allocation financing provision pursuant to the Act that will cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation
as shown on the original base assessment roll as of January 1, 2021, to be allocated to the Agency for the urban renewal purposes.
The general scope and objectives of the Plan are:
a. The engineering, design, installation, construction, and/or reconstruction of storm water management infrastructure to support compliance with federal, state, and local regulations for storm water discharge and to supporl
private development. Stormwater projects anticipated within the Project Area are included with projects for public parks or open space, as well as the roadway improvements described in the Study;
b. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan;
C. The engineering, design, installation, construction, and/or reconstruction of streets (arterials and collectors) and streetscapes, including but not limited to new roadways, improvements to existing roadways, the extension
of Harvest Springs Boulevard to New Day Parkway and the construction of a bridge to connect a collector road to Hiline Road. , and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic
signals;
d. The engineering, design, installation, and construction of certain belowground public infrastructure to support an emergency medical services station pursuant to Idaho Code Section 50-2905A to provide fire protection
and emergency medical services in the northern portion of the City;
e. The engineering, design, installation, construction, and/or reconstruction of utilities (within and outside of the Project Area) including but not limited to improvements and upgrades to the water distribution system, water
capacity improvements, water storage upgrades, sewer system improvements and upgrades, lift station, and improvements, and upgrades to power, gas, fiber optics, communications, and other such facilities. Construction of utilities
outside of the Project Area are directly related to the growth and development within the Project Area, but cannot be sited within the Project Area;
f. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals;
undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to, fire protection systems, roadways, curbs, gutters,
and streetscapes, which for purposes of this Plan, the term streetscapes includes sidewalks, lighting, landscaping, benches, signage, bike racks, public art, and similar amenities between the curb and right-of-way line; and other
public improvements, including public open spaces that may be deemed appropriate by the Board;
f. The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades, public parks and open space, pedestrian facilities, pathways and trails, recreational
access points and to encourage development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers for qualified developments;
g. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code § 50-2011, and any disposition policies adopted by the Agency;
h. The demolition or removal of certain buildings and/or improvements for public rights-of-way and streetscape improvements, pedestrian facilities, utility undergrounding, extension, and upgrades, public parks and trails,
public facilities, and to encourage and enhance transportation and mobility options, decrease underutilized parcels, to eliminate unhealthful, unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public
welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions;
The management of any property acquired by and under the ownership and control of the Agency;
j. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan;
k. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation;
1. The provision of financial and other assistance to encourage greater density in order to create greater land use efficiencies and greater social opportunities through good design, together which will result in decreased tax
and utility liabilities for the City's residents and businesses;
M. The rehabilitation of structures and improvements by present owners, their successors, and the Agency;
n. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use commercial, office, retail, cultural centers, transit facilities, medical facilities, educational facilities, residential,
and governmental use;
o. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary) and standards and guidelines forthe design of streetscape, festival streets, plazas, multi -use
pathways, parks, and open space and other like public spaces applicable to the Project Area as needed to support implementation of this Plan;
P. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the
entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources;
q. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment,
r. The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; and
t. Other related improvements to those described above as further described in the Study.
Any such land uses as described in the Harvest Springs Plan will be in conformance with zoning for the City and the City of Chubbuck Comprehensive Plan, Our Valley, Our Vision, as amended (the "Comprehensive Plan"), adopted
by the Chubbuck City Council, as may be amended from time to lime. Land made available will be developed by private enterprises or public agencies as authorized by law. The Harvest Springs Plan identifies various public and
private improvements which may be made within the Project Area.
The Urban Renewal Project Area and Revenue Allocation Area herein referred to is described as follows:
An area consisting of approximately 309 acres generally located north of New
Day Parkway and west of Interstate 15. It is partially bounded by Hiline Road on the west, Tyhee Road on the north, Interstate 15 on the east and New Day
Parkway on the south, and as more particularly described as follows:
A PARCEL OF LOCATED IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS:
BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 35; THENCE NORTH 0°06'55" EAST, (BASIS OF BEARING PER THE EAST ZONE OF THE IDAHO STATE PLANE COORDINATE SYSTEM) ALONG THE LONGITUDINAL
CENTERLINE OF SECTION 35, A DISTANCE OF 2650.69 FEET TO THE CENTER 1/4 CORNER OF SECTION 35;
THENCE NORTH 89°48'40" WEST, ALONG THE LATITUDINAL CENTERLINE OF SECTION 35, A DISTANCE OF 1585.80 FEET TO A POINT ON THE CENTERLINE OF THE HILINE CANAL;
THENCE FOLLOWING ALONG THE SAID CENTERLINE AS SHOWN ON RECORD OF SURVEY FOR THE ADAMS COMPANY RECORDED AS INSTRUMENT NO. 20900258 IN THE OFFICIAL RECORDS OF BANNOCK COUN-
TY OVER THE FOLLOWING FIVE (5) COURSES:
1. NORTH 0035'06" EAST A DISTANCE OF 1029.73 FEET;
2. NORTH 9°31'31" EAST A DISTANCE OF 808.83 FEET;
3. NORTH 18°21'19" EAST A DISTANCE OF 318.85 FEET;
4. NORTH 261716" EAST A DISTANCE OF 314.45 FEET;
5. NORTH 13°11'58" EAST A DISTANCE OF 241.08 TO A POINT ON THE NORTH LINE OF SAID SECTION 35;
THENCE SOUTH 89°46'49" EAST, ALONG THE NORTH LINE OF
SECTION 35, A DISTANCE OF 1152.05 FEET TO THE NORTH 1/4 CORNER OF SECTION 35, SAID POINT BEING A POINT ON THE WEST
BOUNDARY LINE OF PRAIRIE ESTATES SUBDIVISION, A SUBDIVISION RECORDED AS INSTRUMENT NO. 20721291 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY;
THENCE FOLLOWING ALONG THE WEST AND SOUTH BOUNDARY LINES OF PRAIRIE ESTATES SUBDIVISION OVER THE FOLLOWING TWO (2) COURSES:
1. SOUTH 0°06'55" WEST A DISTANCE OF 1323.73 FEET;
2. SOUTH 89°48'18" EAST A DISTANCE OF 2384.09 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 15;
THENCE FOLLOWING ALONG THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 15 PER FEDERAL AID PROJECT NOS. 1-15-2(3)71 & 1-15-2(1)72 OVER THE FOLLOWING EIGHT (8) COURSES:
1. SOUTH 19°06'42" WEST A DISTANCE OF 121.71 FEET TO A POINT OF NON -TANGENCY WITH A 11659.16 -FOOT -RADIUS CURVE, THE CENTER OF WHICH CENTER BEARS SOUTH 70°49'38" EAST;
2. FOLLOWING ALONG SAID CURVE TO THE LEFTTHROUGH A CENTRALANGLE OF 0°20'19" FOR AN ARC LENGTH OF 68.88 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 19°00'13" WEST A DISTANCE
OF 68.88 FEET) TO A POINT OF NON -TANGENCY;
3. SOUTH 4°30'14" WEST A DISTANCE OF 208.59 FEET TO A POINT OF NON -TANGENCY WITH A 11609.16 -FOOT -RADIUS CURVE, THE CENTER OF WHICH BEARS SOUTH 72°09'48" EAST;
4. FOLLOWING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 9°30'09" FOR AN ARC LENGTH OF 1925.37 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 13°05'08" WEST A DISTANCE OF
1923.16 FEET) TO A POINT OF NON -TANGENCY;
5. SOUTH 21 °40'02" WEST A DISTANCE OF 209.14 FEET;
6. SOUTH 6°47'06" WEST A DISTANCE OF 203.27 FEET;
7. SOUTH 11°54'55" EASTA DISTANCE OF 162.68 FEET;
8. SOUTH 5°34'24" WEST A DISTANCE OF 103.03 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO THE CITY OF CHUBBUCK AS DESCRIBED IN WARRANTY
DEED RECORDED AS INSTRUMENT NO. 21813722 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY;
THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINES OF SAID PARCEL OF LAND OVER THE FOLLOWING THREE (3) COURSES:
1. SOUTH 19°36'39" WEST A DISTANCE OF 103.48 FEET;
2. SOUTH 9°23'19" WEST A DISTANCE OF 736.69 FEET;
3. SOUTH 2119'00" WEST A DISTANCE OF 243.43 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 35;
THENCE NORTH 89°51'08" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 1556.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 267.07 ACRES, MORE OR LESS.
FREED - AGRICULTURAL PARCEL 3 AS SHOWN ON RECORD OF SURVEY FOR ANDREW STODDARD (INST. NO.21900101)
A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN,
BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 35, BEING MONUMENTED BY A 3/4 INCH IRON ROD AS DESCRIBED IN CORNER PERPETUATION RECORDED AS INSTRUMENT NO. 20520350 IN THE OFFICIAL
RECORDS OF BANNOCK COUNTY;
THENCE NORTH 89°44'45" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 829.48 FEET;
THENCE NORTH 0°04'20" EAST A DISTANCE OF 1256.81 FEET; THENCE NORTH 48°13'43" EAST A DISTANCE OF 97.85 FEET;
THENCE SOUTH 89°53'05" EAST A DISTANCE OF 757.58 FEET TO A POINT ON THE LONGITUDINAL CENTERLINE OF SECTION 35;
THENCE SOUTH 0°06'55" WEST, ALONG THE LONGITUDINAL CENTERLINE OF SECTION 35, A DISTANCE OF 1324.15 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 25.16 ACRES, MORE OR LESS.
FREED -A PORTION OF THE LANDS DESCRIBED IN WARRANTY DEED GRANTED TO CHRISTOPHER Y. FREED AND JANIE L. FREED (INST. NO. 93015342)
A PORTION OF THE LANDS DESCRIBED IN WARRANTY DEED GRANTED TO CHRISTOPHER Y FREED AND JANIE L. FREED AS DESCRIBED IN WARRANTY DEED RECORDED UNDER INSTRUMENT NO. 93015342,
LOCATED IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 35; THENCE NORTH 89°44'45" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 829.48 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89°44'45" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 240.14 FEET; THENCE NORTH 0°13'58" EAST A DISTANCE OF 329.37 FEET; THENCE NORTH 89°04'55" WEST
A DISTANCE OF 354.96 FEET; THENCE NORTH 0°04'29" EASTA DISTANCE OF 991.05 FEET;THENCE SOUTH 89°46'42" EASTA DISTANCE OF 594.09 FEET; THENCE SOUTH 0°04'20" WESTA DISTANCE OF 1324.87 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINS 15.37 ACRES, MORE OR LESS.
FREED -THE LANDS DESCRIBED IN QUITCLAIM DEED GRANTEDTO CHRISTOPHER FREED (INST. NO. 22016843)
All that portion of the Southwest Quarter of the Southwest Quarter of Section 35, Township 5 South, Range 34 [East], Bannock County, Idaho; lying East of the center line of Hiline Canal and lying adjacent to Deed #93015342. Except
that portion East of the Hiline Canal and adjacent to Deed #22001801.
Containing approx. 1.5 acres, more or less.
PARTIES CLAIMING INTEREST IN PROPERTY(IES):
1976 SilverStreak CT, VIN # - SSTR2T671261
1999 Honda VT1 RS, VIN # - 1 HFSC1804XA302721
2004 Chevy LL, VIN # - 1GNEK13ZW302443
A state interest by Nov. 12, 2021, by replying to RFD, PO Box
Hand. TX 79012.
Published: 10/24,10/31,11/7, 2021 (1
imPRESSive
coverage
Shop local Classifieds!
B6 I SUNDAY, NOVEMBER 7, 2021
THE IDAHO STATE JOURNAL
Section 100 includes an introduction, the history and current conditions of the Project Area, as well as the purpose of activities.
Section 200 references the boundaries of the Project Area.
Sections 300 through 313 discuss the proposed redevelopment actions, participation opportunities and agreements, cooperation with public bodies, property acquisition standards and requirements, relocation, demolition, and
property disposition.
Section 401 discusses the type of land uses authorized in the Project Area. Section 407 describes design guidelines for development.
The Harvest Springs Plan also contains a significant section on financing. Among other sources, the Harvest Springs Plan will utilize revenue allocation financing, authorized by the Act. This statute was approved in 1988 by the Idaho
Legislature. Section 502 and Attachment 5 discuss revenue allocation financing and show how such financing has worked and would work in the Project Area in the future if certain new private developments occur as estimated.
Increases in assessed valuation of real and personal property in the Project Area that occur after January 1, 2021, will generate revenue for the Agency to pay project costs as set forth in the Harvest Springs Plan. The assessed
valuation of real and personal property on the base assessment roll is still available for use by the other taxing districts, Bannock County, Bannock County Abatement District, City of Chubbuck, Pocatello School No. 25, Bannock
County Ambulance, Bannock County Road & Bridge, and Portneuf Free Library to finance their operations. The Harvest Springs Plan authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue
allocations to pay the debt service. Additionally, the Agency is authorized to fund projects on a pay-as-you-go basis, through participation agreements with developers/property owners, and others, such as public entities, as further
set forth in the Harvest Springs Plan.
The program outlined in the Harvest Springs Plan emphasizes the installation of needed public improvements, street improvements, utility work, and other costs to encourage private development.
Attachment 5 describes in detail the cost and financing methods for complete repayment of the debt incurred used to finance projects and to also fund the additional described activities.
The Harvest Springs Plan follows the underlying zoning classifications of the City. Sections 600 and 700 describe cooperative activities by the Agency with the City.
The duration of the Harvest Springs Plan is for twenty (20) years. A termination process is described in Section 800 of the Harvest Springs Plan.
Sections 900-1100 include procedures for amendments, severability, reporting requirements and incorporation of attachments.
ATTACHMENTS TO THE HARVEST SPRINGS PLAN
Attachment 1 Boundary Map of Harvest Springs Urban Renewal Project Area and Revenue Allocation Area
Attachment 2 Legal Description of Harvest Springs Urban Renewal Project Area and Revenue Allocation Area
Attachment 3 Private Properties Which May be Acquired by the Agency
Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area
Attachment 5 Economic Feasibility Study
Attachment 6 Agricultural Operation Consents
The full text of the Ordinance 840 is available at the offices of the City Clerk, Chubbuck City Hall, at 290 E Linden Avenue, Chubbuck, Idaho, 83202.
This summary is approved by the Chubbuck City Council at its meeting of November 3, 2021.
Kevin B. England, Mayor ATTEST: Joey Bowers, City Clerk
I, Thomas J. Holmes, City Attorney for the city of Chubbuck, Idaho, hereby declare and certify that in my capacity as City Attorney of the city of Chubbuck, pursuant to Idaho Code Section 50-901A(3) of the Idaho Code as amended,
I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and said Summary of Ordinance provides adequate notice to the public of the contents, including the exhibits, of Ordinance
No. 840
DATED this 3rd day of November 2021. Thomas J. Holmes, City Attorney Chubbuck, Idaho
OVERALL TIF DISTRICT AREA CONTAINS 309.10 ACRES, MORE OR LESS.
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