HomeMy WebLinkAboutPH #1 5015 Yellowstone Ave.CHUBBUCK
I D A H 0
Public Works Department
Planning Services
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.239.3252 / 208.237.2430 ext. 152
www.CityofChubbuck.us / dmatson@cityofchubbuck.us
APPLICATION FOR A TITLE MAP AMENDMENT (ZONE CHANGE)
FROM GENERAL COMMERCIAL (C-2) AND LIMITED RESIDENTIAL (R-2)
TO GENERAL COMMERCIAL (C-2)
AT 5015 YELLOWSTONE AVE
CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION
REGULAR MEETING ON OCTOBER 14, 2025
41111AIJiIA WA
DESCRIPTION: An application for Title Map Amendment (zone change) from General Commercial (C-2) and
Limited Residential (R-2) to General Commercial (C-2) on approximately 0.58 acres of land. The
Comprehensive Plan Future Land Use Map designates this area for Commercial development. At the
meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code
section 18.28.050.6. Type of Action: Recommendation.
FINDINGS: After reviewing the application, Staff finds that it meets the requirements for a change in Land
Use District (zone).
• The applicant has met City Code requirements to be heard for a change in a land use district.
• The Comprehensive Plan Future Land Use Map designates this area for commercial development,
which is supported by the Limited Commercial and General Commercial (C-1 and C-2) zoning
districts.
The bulk of the property is in the C-2 zone, and a small portion is within the R-2 zone. This action
to have the entire parcel in one zoning district will bring it into compliance with City code Title
17 Land Development and Title 18 Land Use.
RECOMMENDATION:
Staff recommends approval of the zone change to General Commercial (C-2) without conditions.
• Issues and concerns were addressed through the Design Review process, remaining items are
working through the Platting process.
FACTS
BACKGROUND: This property was developed with a single-family home and several outbuildings. It is at the
SW corner of Yellowstone Ave and Mingo Ln, with a Yellowstone address. Per assessor records the home
was built in 1934, over 90 years ago. A small portion to the western end of the property is in the R-2 zone.
All the other properties along the south side of Mingo have the same issue with mixed C-2 and R-2 on each
lot. Mountain West Rentals is north of this property, across Mingo Ln.
TYPE OF APPLICATION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence
and by applying law to the facts; decisions shall be based on the standards for approval). The
Commission may recommend approval with or without conditions, may table a decision, or may
recommend denial of the application.
APPLICANT and OWNER:
Legacy 11 LLC
146 E Chubbuck Rd, Suite C
Chubbuck, ID 83202
LOCATION: The site is at the SW corner of Yellowstone Ave and Mingo Ln. addressed 5015 Yellowstone Ave.
Assessor parcel no. RPRCCPC009600.
COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION: Commercial; appropriate for Limited
Commercial (C-1) and General Commercial (C-2). For relevant strategies and policies in the Comprehensive
Plan see Appendix 3B.
REFERENCE MAP:
it
t - -
iJ
Stuart Ave . f
° surel Ln
e' ■ p
D •!!I![�FX
+
Mingo Ln { "
Subject
r Noperty
Ward Dr
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1 0 A H 8
SITE CONDITIONS:
CHARACTERISTICS
CURRENT ZONING:
EXISTING STRUCTURES:
PROJECT SIZE:
TOPOGRAPHY:
IRRIGATION:
C-2 and R-2
House and outbuildings
.58 acres
Relatively flat
No surface water rights
ADJACENT LAND USES AND ZONING:
DIRECTION
EXISTING LAND USE
NORTH:
Commercial
EAST;
Commercial, vacant property
SOUTH:
Single-family residential
WEST;
Single-family residential
COMMUNITY SERVICES AND SAFETY:
UTILITY / SERVICE
STREET ACCESS -VEHICLES:
OTHER ACCESS:
POLICE:
FIRE AND EMS:
DRINKING WATER:
WASTE WATER DISPOSAL:
IRRIGATION SERVICE:
RECENT TRAFFIC COUNTS
YELLOWSTONE AVE: N of CHUBBUCK RD
2025, 15,944/day;
YELLOWSTONE AVE: S of NEW DAY PKWY
2023, 9,329/day;
EXISTING ZONING
General Commercial (C-2)
General Commercial (C-2)
General Commercial (C-2)
Limited Residential (R-2) and
General Commercial (C-2)
PROVIDER
Yellowstone Ave, ITD; Mingo Ln, City of Chubbuck
Sidewalk and PRT bus route on Yellowstone, sidewalk on north
side of Mingo Ln
City of Chubbuck
City of Chubbuck
City of Chubbuck
City of Chubbuck
None at this time
PROCESS
PROCEDURES:
1. In accordance with City Code 18.28.050 and the current fee resolution, a complete petition and
fees for a Title Map Amendment were filed with the City at least 28 days prior to the public
hearing and which contained the appropriate documents.
2. In accordance with City Code 18.28.010, the application is scheduled to be heard at a regular
meeting of the Land Use and Development Commission at a public hearing.
3. In In accordance with City Code 18.28.010 and Idaho Statute §67-6509, notice of the public
hearing was provided at least 15 days prior to the public hearing:
a. Notice sign posted on the premises;
b. Mailing to owners of property within a 300 ft. radius of the site;
c. Notice sent to political subdivisions and to utilities providing services within the City;
d. Publication in the Idaho State Journal at least 15 days prior to the hearing; and
e. Notices posted prominently at the City office and on webpage.
4. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06.
5. Public notices and other procedures were in accordance with Idaho Code §67-6511.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
APPLICABLE LAWS AND PLANS:
1. Idaho Statutes §67-6511: Zoning Ordinance
2. Chubbuck 2045: Comprehensive Plan, particularly:
a. Chapter IV: Livable Spaces
3. Chubbuck City Code Title 18: Land Use, particularly:
a. Chapter 18.08.020: District Boundaries and Land Use Map
b. Chapter 18.28.010: Scope; Summary Table of Procedures
c. Chapter 18.28.050: Title Text and Map Amendments and Initial Zoning District Designation
d. Others
PUBLIC COMMENTS RECEIVED: No written comments were received from the general public as of this
report.
POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report.
ANALYSIS AND RECOMMENDATIONS
ADVANCING THE COMPREHENSIVE PLAN: These objectives, strategies and policies from the Comprehensive
Plan appear the most relevant to this application. This is not an exhaustive list of objectives, strategies and
policies in the Comprehensive Plan. See EXHIBIT 3B for additional information.
CHUBBUCK 2045: COMPREHENSIVE PLAN
MOST RELEVANT OBJECTIVES, STRATEGIES, POLICIES
STRATEGY 4.1.A
Implement the Future Land Use Map (FLUM) with appropriate zoning designations as
properties develop. (Note: this is considered in the Plan as a High Priority Implementation
Strategy.)
POLICY 4P.10
Per the descriptions in Table 3 FLUM Designations, only the identified zones shall be allowed
in the corresponding plan districts as shown on the FLUM. The PUD and Creative Community
(CC) zones may be located in any area of the City
RESPONSE
The proposal complies with this strategy — General Commercial zone (C-2) in an
area planned for commercial uses.
POLICY 4P.6
General commercial zoning should be located between communities or at a community
POLICY 5P.1
center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn
Road and Siphon Road.
RESPONSE
The proposal complies with this strategy — establishing General Commercial zone
along Yellowstone Ave.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
CHUBBUCK 2045: COMPREHENSIVE PLAN
MOST RELEVANT OBJECTIVES, STRATEGIES, POLICIES (CONT.)
STRATEGY 5.1.E
Develop Yellowstone Avenue as a unique commercial corridor economically and visually, with
The proposed map amendment would be in the community's best interest.
strong design emphasis at Chubbuck Road
RESPONSE
The proposal complies with this strategy — establishing General Commercial zone
space for businesses.
along Yellowstone Ave.
POLICY 7P.3
Direct urban growth to urban infill areas.
RESPONSE
This parcel is underdeveloped and considered infill.
STANDARDS REVIEW FOR A ZONE CHANGE PROPOSAL: The Commission must determine if it is in the best
interest of the City of Chubbuck and adjacent landowners to recommend a Title Change to the Land Use
(zoning) Map. See additional standards for approving a zone change in EXHIBIT 2B and additional
Comprehensive Plan objectives, strategies and policies in EXHIBIT 3B.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
MUNICIPAL CODE STANDARDSFOR •
POLICY 1
The proposed map amendment would be in the community's best interest.
RESPONSE
Affirming the commercial zoning in the commercial corridor can provide more
space for businesses.
POLICY 2
The list of uses permitted by the land use ordinance would blend with surrounding land uses
and the uses permitted in the proposed zoning district would be harmonious in terms of their
scale, mass, coverage, density, and intensity with adjacent land uses.
RESPONSE
Most of the property is already in a commercial zone; commercial uses on this
property would be harmonious to other parcels in the zone. Adjacent residential
properties, which include commercial zoning, may benefit from a less intense
project on the property.
POLICY 3
The subject site is suitable for the type and intensity of land uses permitted under the proposed
zoning district.
RESPONSE
It is suitable for the General Commercial zone and for commercial development.
POLICY 4
The subject site would be adequately served by transportation routes, police, fire and EMS
protection, water/sewer, schools, and other public facilities and services, or agencies, to serve
the public health, safety, and general welfare under the proposed zoning district
RESPONSE
All streets, public services, public and private utilities, and other agency services are
already serving the area.
POLICY 5
The proposed map amendment is generally not in conflict with the goals, objectives, and
policies of the adopted Comprehensive Plan. LDDC and Council shall have discretion in
interpreting exact boundary locations of the future land use map designations when
considering map amendment requests.
RESPONSE
The proposal advances the objectives, strategies and policies of the Comprehensive
Plan; it is not in conflict with the plan.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
SPOT ZONING REVIEW: As described in the Idaho Supreme Court ruling regarding Evans v. Teton County "a
claim of 'spot zoning' is essentially an argument the change in zoning is not in accord with the comprehensive
plan. There are two types of 'spot zoning.'
Type one spot zoning may simply refer to a rezoning of property for a use prohibited by the original zoning
classification. The test for whether such a zone reclassification is valid is whether the zone change is in accord
with the comprehensive plan.
Type two spot zoning refers to a zone change that singles out a parcel of land for use inconsistent with the
permitted use in the rest of the zoning district for the benefit of an individual property owner."
The proposal does not meet either of the definitions of spot zoning. The proposal:
1. Complies with the Comprehensive Plan. The General Commercial (C-2) zone supports the Commercial
designation on the Future Land Use Map.
2. Does not single out a parcel for development inconsistent with allowed uses in the zone to benefit an
individual property owner. The purpose of the General Commercial (C-2) zone is to "encourage
innovation and special features in development by embracing and promoting: development patterns in
harmony with community objectives, a maximum choice of living environments, a more useful pattern
of open space and recreation areas, enhanced design standards and architectural features, conservation
of energy and efficient design, and a -development patterns which preserves and employ the natural
setting of the site" (Title 18.08.101). The proposed zone, and potential use of the property, do not meet
the definition of type two.
STAFF SUMMARY AND RECOMMENDATION
SUMMARY:
• It complies with the approval criteria found in section 18.28.050.8.a of City Code.
• It complies with the Comprehensive Plan and is not deemed spot zoning.
• The intended zone, General Commercial, is appropriate for the neighborhood and adjacent properties.
• Development of the property is required to follow standard procedures, such as Design Review and
Platting, and adhere to the conditions thereof.
o The intended project for development has completed a Design Review. This application for a
zone change was a requirement of the Design Review Clearance, and complies with the
pending plat for the property.
RECOMMENDATION:
Staff recommends approval of General Commercial (C-2) zoning for the property without conditions.
• If approved by City Council it will be adopted by ordinance to amend Title 18.08.020 District Boundaries
and Land Use Map.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
EXHIBITS
1. Application Materials
2. Title 18.08.020 District Boundaries and Land Use Map
A. Current Zoning Map with Proposed Change
B. Standards for Reviewing a Title 18 Map Amendment
3. Chubbuck 24045: Comprehensive Plan
A. Future Land Use Map
B. Objectives, Strategies and Policies Relevant to Zone Changes
4. Record of Public Notice
A. Idaho State Journal Public Notice
B. Flyer for Public Notice
C. Properties within 300 Feet
D. Owners of Properties Within 300 Feet
E. Political Subdivisions and Utilities Serving the City
F. On-site Posting
5. Draft Ordinance for the Change in Land Use District
REPORT: Don Matson, MSP I AICP Staff comments in this report are based
Planning Services Manager solely upon evidence available at the time
dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be
DATE: October 7, 2025 brought to light at or before the hearing.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
_Ag��'
CHUBBUCK
I D 0 H 0
Public Works Department
Planning Division
290 E Linden Avenue
Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
PZ 25-020 ZNCH
EXHIBIT 1
TITLE 18 MAP AMENDMENT
(REZONE) APPLICATION
Application Page 1 of 4
May 2025 Form
Replaces prior versions
Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the
desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Incomplete applications may not be able to
be scheduled on the desired date if missing information or materials are not submitted at least 28 days before the desired meeting.
Submit complete application and all attachments to Permit Desk at City Hall or email to permits@cityofchubbuck.us.
DATE RECEIVED:
INITIALS:
SECTION A —APPLICANT INFORMATION
Al.
Name
A2. Phone Number (include area code) A3. Email Address
Legacy 11 LLC
208-406-1176 chad@mypatriot.net
A4.
Mailing Address
City State Zip Code
146 East Chubbuck, Suite C
Chubbuck ID 83202
SECTION
B — OWNER (IF DIFFERENT THAN APPLICANT)
B1.
Name of Person, Trust, LLC, etc. See item E3.
B2. Phone Number (include area code) B3. Email Address
B4.
Mailing Address
City State Zip Code
SECTION C — POINT OF CONTACT (IF DIFFERENT THAN APPLICANT)
Cl.
Name
C2. Phone Number (include area code) C3. Email Address
Stewart Ward
208-237-7373 stewart@dioptrallc.com
C4.
Mailing Address
City State Zip Code
4880 Clover Dell
Chubbuck ID 83202
SECTION D —SITE INFORMATION
D1.
Site Address (or Location if no Address)
D2. Comprehensive Plan Future Land Use Designation
5015 Yellowstone
Commercial C2
D3.
Subdivision Name, Lot, Block, Div. No. if available (or Parcel No.) D4. Proposed Zone(s)
Mingo Shops (proposed)
Commercial C2
D5.
Project Size (Acres)
D6. Acreage for Each Proposed Zone (if more than one)
0.58 Acres
D7.
Current Zone(s)
D8. Proposed Land Use(s) if known
C2 and R2
Contractor Shops
D9.
Current Land Use(s) and Structures
Bare Land / Existing House
SECTION
E —SUBMITTAL REQUIREMENTS AND ATTACHMENTS
E1.
Application Fees: $ 535.00
Map Amendment Application Fee
+$ 60
Notice Fee ($1.50 x 40 required notices — get # from staff)
=$ 595.00
Total 4 Pay fees at Permit Desk in City Hall or call 208-237-2430 ext. 102.
Deposit: $ 100.00 Sign Deposit Fee (returned after hearing if sign is recovered and undamaged)
_Ag��,
CHUBBUCK
I D 0 H 0
Public Works Department
Planning Division
290 E Linden Avenue
Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
PZ 25-020 ZNCH
EXHIBIT 1
TITLE 18 MAP AMENDMENT
(REZONE) APPLICATION
Application Page 2of 4
May 2025 Form
Replaces prior versions
SECTION E —SUBMITTAL REQUIREMENTS AND ATTACHMENTS (cont.)
E2. Warranty deed(s) showing ownership for property(ies) located at requested site. 10
E3. If the application is presented by someone other than the property owner of record, an Affidavit of Legal Interest is required,
signed by property owner(s) and notarized. (Blank copy is attached.) ❑ Yes [0 N/A
a. If a Trust is the owner, include a copy of the Trust and any later document modifying the Trust to indicate the Trustee
authorized to sign and make application. ❑ Yes V N/A
b. If an LLC or other entity is the owner, provide proof that the person signing the application on behalf of the entity is the
Authorized Agent to do so. [0 Yes ❑ N/A
E4. Legal Description and Map: May be a Lot, Block, Subdivision, Division No., or attach a copy of the Metes & Bounds description
when applicable. [0 (Map must be included.)
E5. Conceptual Development Plan if future uses are known, and/or if the application is not accompanied by a plat or other use
permit. [Z ❑ N/A
E6. Provide a response to each of the following (use an additional sheet if necessary):
a. How is the proposal in the community's best interest?
The proposed zone change will provide a single zone for the entire parcel
and allow it to develop as C2 property. The development will provided
needed space for local businesses and increase the city tax base.
b. How do the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone
blend with surrounding land uses?
The permitted us on contractor shops are allowed
in the C2 zone. The use aligns with adjoining land
uses along the Yellowstone corridor
c. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density,
and intensity with adjacent land uses?
The project creates new building which are complimentary to
surrounding areas, provide adequate parking and increases
the landscaping for the entire parcel in accordance with city
standards.
_Ag��'
CHUBBUCK
I D 0 H 0
Public Works Department
Planning Division
290 E Linden Avenue
Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
PZ 25-020 ZNCH
EXHIBIT 1
TITLE 18 MAP AMENDMENT
(REZONE) APPLICATION
Application Page 3of 4
May 2025 Form
Replaces prior versions
d. To your knowledge, is there anything that would prevent the site under the proposed zoning from being
served by transportation routes, police, fire, EMS protection, water/sewer, schools, and other public
agencies or facilities?
No
e. How is the proposed map amendment supported by the Chubbuck Comprehensive Plan?
Cite specific goals, objectives, and policies, including the future land use map, which relate to your proposal.
The proposed project provides increased employment opportunities as
identified in the Comp Plan Economic Opportunities chapter.
SECTION F- CERTIFICATION
• I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the
best of my knowledge.
• 1 am aware that if this application is not complete, the review process will not continue until it is so deemed
by the City upon further submission of materials.
• 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or
require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if
requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck
Municipal Code section 18.28.050.F.
• 1 hereby authorize the filing of this application and grant approval of on-site review of the development
described herein.
• 1 certify that I am authorized to file this application.
• Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by
city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in
their original condition until removed by city staff and that failure to do so may result in a delay in
process/hearing and may result in additional fees for rescheduled public hearings.
F1. Signature
F2. Printed Name
F3. Date
Stewart Ward
9-16-25
-Ag��'
CHUBBUCK
I D 0 H 0
G1. COMPLETENESS REVIEW:
Reviewed by: Don Matson
Date: 9/16/25
Project No: PZ 25-020
Public Works Department
Planning Division
290 E Linden Avenue
Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
PZ 25-020 ZNCH
EXHIBIT 1
TITLE 18 MAP AMENDMENT
(REZONE) APPLICATION
Application Page 4of 4
May 2025 Form
Replaces prior versions
STOP: SECTION G -FOR STAFF USE ONLY
Deemed complete?
® Yes ❑ No If no, list concern(s):
Revisions received:
❑ Yes Date: X❑ N/A
G2. LUDC PUBLIC HEARING:
Scheduled Meeting Date: Applicant Contacted?
10/14/25 ff] Yes Date 9/17/25 ❑ N/A
418 INSTRUMENT FILED FOR
ECO RD BY AMERITITLE, LLC AS AN
GGOMMODATION ONLY IT HAS NOT
EEN EXAMINED AS TO ITS
XECUTION ORAS TO ITS EFFECT
iPON THE TITLE.
QUITCLAIM DEED
Net Prophet, LLC
hereby conveys, releases, remises and forever quit claims unto:
Legacy 11, LLC
�y(c, E ,
the following premises, to wit:
Instrument # 22408120
Bannock County, Pocatello, Idaho
08/02/2024 10:13:18 AM No. of Pages: 2
Recorded for: AMERITITLE - POCATELLO
Jason C. Dixon Fee: $15.00
Deputy jbrower PZ 25-020 ZNCH
Electronically Recorded FYWMIT
Beginning at a point 100 feet North of the Southeast corner of the NE 1/4 of th W/4 S ction 3, Township 6 South,
Range 34 East, Boise Meridian, Bannock County, Idaho; thence continuing rth along the East line of the said NE
1/4 of the SW 1/4 a distance of 16 % feet; thence South par e o the East line of said NE 1/4 of the SW 114 a distance
of 16'/2 feet; thence East to the Point of Beginning.
And beginning at a point 116.5 feet North of the Southeast comer of 1/4 of the SW 114 of Section 3, Township
6 South, Range 34 East, Boise Meridian, Bannock Coun ; e e tindW tin'North along the East line of the said NE
114 of the SW 114 for a distance of 81.5 feet; thence W s par 1 outh line of said NE 114 of the SW 1/4 for
a distance of 195 feet; thence parallel to the E st inc o 'd 1/4 e SW 1/4 for a distance of 81.5 feet; thence
East to the point of beginning.
And beginning 195 feet West and 100 feet th ef the"oi east corner of the NE 114 of the SW 114 of Section 3,
Township 6 South, Range 34 East, Boise Meridian, BaWe ounty; thence running North 98 feet; thence West 111
feet; thence South 98 feet; thence )St to th oint of B ginning.
Also a perpetual easement an ri ht -o w fo res d egress and passage over, through, and across a portion of
the NE 1/4 of the SW 1/4 cri n , ip 6 South Range 34 East, Boise Meridian, Bannock County, Idaho,
described as follows:
Beginning at a point 198, fe rth Sou east corner of the NE 114 of the SW 1/4 of said Section 3; run thence
North on the East line of s °d s divisio a istance of 16.5 feet; thence West parallel with the South line of said
subdivision a distance of 19 fe nce South parallel to the East line of said subdivision a distance of 16.5 feet;
thence East a distance of 195-feFt, a less to the Point of Beginning.
More commonly known as 5015�Yollowstone Avenue, Chubbuck, Idaho.
�aethe tenements, hereditaments and appurtenances thereunto belo4inj
reversions, remainder and remainders, rents, issues and profits thereof.
All and singutar the said premises, together with the appurtenances, unto the Grantee
Net Prophet, LLC
By: Chad Harding, Member
State of Idaho
County of Bannock
Instrument # 22408120
08/02/2024 10:13:18 AM Page 2 of 2
r
By: Jon
,WgTmagle, Member
On this�jth day of July, in the year 2024, before me - 1 , person
Jon Thuernagle, known or identified to me, to be the membe of et Prophet, LLC
behalf of said limited liability company and acknowledged to me that Net Prophet, L
MELODY J DANIELS
202522'8
NOTARY PUBLIC
STATE OF IDAHO
PZ 25-020 ZNCH
EXHIBIT 1
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilI
0006212042
AT SES
'°
STATE OF IDAHO
^t°•�
Office of the secretary of state, Phil McGrane
y C
ANNUAL REPORT
M Q
st
Idaho Secretary of State PZ 25-020 ZNCH
PO Box 83720
tiq
�2'E 0�
EXHIBIT 1
Boise, ID 83720-0080
The registered agent on record is:
(208) 334-2301
Registered Agent
Filing Fee: $0.00
Entity Name and Mailing Address:
Entity Name:
The file number of this entity on the records of the Idaho
Secretary of State is:
Address
Legacy 11, LLC
0005710246
For Office Use Only
-FILED-
File #: 0006212042
■ �k i is � I C�' I C !f Eyf ���Y�.'Yi fi ■.' Sri F.f:� 1 t�
146 E CHUBBUCK RD
STE C
CHUBBUCK, ID 83202-5054
Entity Details:
Title
Entity Status
Active -Existing
This entity is organized under the laws of:
IDAHO
If applicable, the old file number of this entity on the records of
the Idaho Secretary of State was:
Helen Marlow Harding
The registered agent on record is:
13969 COYOTE GULCH
Registered Agent
Chad Harding
POCATELLO, ID 83202
Registered Agent
Physical Address
13969 COYOTE GULCH
POCATELLO, ID 83202-5195
Mailing Address
13969 COYOTE GULCH
POCATELLO, ID 83202-5195
The new physical (street) address of the existing agent in Idaho is:
Physical Address
146 E CHUBBUCK RD
SUITE C
CHUBBUCK, ID 83202
The new mailing address of the existing agent in Idaho is:
Mailing Address
146 E CHUBBUCK RD
SUITE C
CHUBBUCK, ID 83202
Limited Liability Company Managers and Members
Name
Title
Business Address
Chad Toby Harding
Member
13969 COYOTE GULCH
POCATELLO, ID 83202
Helen Marlow Harding
Member
13969 COYOTE GULCH
POCATELLO, ID 83202
The annual report must be signed by an authorized signer of the entity.
Job Title: owner
shad harding
Sign Here
04/18/2025
Date
Page 1 of 1 Page 1 of 1
BY I DATE
DESCRIPTION
BY:
N0:
RTB ((#a
SKW 4880 Clover Dell Rd.
25011 % DI O PTR A Chu 208 237D73732 XCELL ENGINEERING
www.dioptrageomatics.com 260 Laurel Lane Chubbuck, Idaho 83202
Ph. (208) 237-5900 — Fax (208) 237-5925
LEGEND
Parcel Boundary
Adjoining Parcels
Road Centerline
- Section Line
SS Existing Sewer Mainline
W Existing Water Mainline
1 OF 2
4-16-25
MINGO SHOPS
DESIGN REVIEW SUBMITTAL
EXISTING CONDITIONS
CURRENTLY ZONE C2
CURRENTLY ZONE R2
Land Use / Zoning Exhibit
z
SW M�4�IV SHOPS
ii#W—1
N
LOCATED f 4 SECTION 3, TOWNSHIP
6 SOUTH, RANGE 34 EAST OF THE BOISE
o m
MERIDIAN, IN THE COUNTY OF BANNOCK.
6
tV =
SLI
LEGEND
Parcel Boundary
Adjoining Parcels
Road Centerline
- Section Line
SS Existing Sewer Mainline
W Existing Water Mainline
1 OF 2
4-16-25
MINGO SHOPS
DESIGN REVIEW SUBMITTAL
EXISTING CONDITIONS
CURRENTLY ZONE C2
CURRENTLY ZONE R2
PZ 25-020 ZNCH
EXHIBIT 1
CITY OF CHUBBUCK
290 E LINDEN AVENUE
CHUBBUCK ID 83202-i802 (208) 417-7175
Receipt No: 10.000017593
DIOPTRA. MINGO SHOPS
Previous Balance:
PLANNING
INITIAL ZONE OR TITLE
AMENDMEN
PLANNING
PUBLIC NOTICE SIGN
DEPOSIT
Total:
Credit Cards
Check No: 243273181
Payor:
DIOPTRA. MINGO SHOPS
Total Applied:
Change Tendered:
Sep 17, 2025
.00
595.00
100.00
----------------
09/17/2025 3:00 PM
Customer Copy
695.00
695.00
695.00
.00
EXHIBIT 2A:
TITLE 18.08.020 DISTRICT BOUNDARIES AND LAND USE MAP
CURRENT ZONING MAP AND PROPOSED DESIGNATION
Stuart Ave
Mingo Ln
Chubbuck Zoning Districts
Single Family Residential (R-1)
Limited Residential (R-2)
Limited Residential - P (R -2P)
General Residential (R-3)
■ Dense Residential (R-4)
■ Creative Community
■ Creative Community -Northside Crossing (CC -NC)
■ Creative Community -Harvest Springs (CC -HS)
. Planned Unit Development (PUD)
■ Village (V)
■ Agriculture (A)
■ Limited Commercial (C-1)
■ General Commercial (C-2)
■ Industrial (1)
■ County
Highway Cooridor(HC)
PZ 25-020 ZNCH
F
Laurel Ln
Subject Property
Proposed C-2 Zone
r Ward Dr
-11
F_
PZ 25-020 ZNCH
EXHIBIT 2B:
TITLE 18.08.020 DISTRICT BOUNDARIES AND LAND USE MAP
STANDARDS FOR REVIEWING A TITLE 18 MAP AMENDMENT
State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications
for changes in land use districts/zoning. Specifically:
1. Idaho Statutes §67-65 Local Land Use Planning
2. Chubbuck City Code Title 18 Land Use, §18.28.050
3. Chubbuck 2045: Comprehensive Plan
REQUESTS•
STANDARDS FOR REVIEW
DELIVERY OF SERVICES: IDAHO STATUTE §67-6511.2(a) and CITY CODE SECTION 18.28.050
REQUIREMENT
Consider effects of zone change upon delivery of services by any political subdivision
providing public service within the city
RESPONSE
There are no known adverse impacts on public services. Notices were sent to each of
the following agencies regarding the proposed action for their response:
Bannock County Planning and Pocatello Regional Airport
Development Services Pocatello Regional Transit
Fort Hall Irrigation Project/ Pocatello/Chubbuck School District 25
Bureau of Indian Affairs Pocatello-Chubbuck Auditorium District
Idaho Fish and Game Portneuf District Library
North Bannock Fire District Southeastern Idaho Public Health
COMMENT
Asa courtesy, notices were also provided to Bannock County Assessor, Idaho Power, and
Intermountain Gas
PUBLIC NOTICE: IDAHO STATUTE §67-6511(b) and CITY CODE SECTION 18.28.010.0
REQUIREMENT
Provide public notice of the proposed change
1) Sign posted on site
2) Notice mailed to surrounding property owners
3) Notice sent to other agencies and to utilities providing services within the city
4) Legal notice published in official newspaper, and
5) Posted on city website and bulletin board
RESPONSE
All five notification requirements were met.
COMPLIANCE WITH THE COMPREHENSIVE PLAN:
IDAHO STATUTE §67-6511.2(c) and CITY CODE SECTION 18.28.050
REQUIREMENT
Governing board to analyze proposed changes to ensure they are not in conflict with the
policies of the Comprehensive Plan
RESPONSE
See Exhibit 3B for analysis of the proposal per the Objectives, Strategies, and Policies
in the Comprehensive Plan, Chubbuck 2045.
NOTE
If a request is found to be in conflict with the adopted plan or would result in demonstrable
adverse impacts upon delivery of services, an amendment to the Comprehensive Plan may
be considered. After a plan has been amended, a zoning ordinance may then be considered
for amendment pursuant to paragraph (b) above.
Di 290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1DAHO
EXHIBIT 3A:
CHUBBUCK 2045: COMPREHENSIVE PLAN
FUTURE LAND USE MAP
Stuart Ave
a
a
O
4-0 Laurel Ln
O
Mingo Ln
Subject
Property
Future Land Use Map
- Land Use Categories -
Commercial
Mixed Use
❑ Village
1-1 Industrial/Employment
❑ Residential - Low Density
❑ Residential - Medium Density
❑ Residential - High Density
Ward Dr
PZ 25-020 ZNCH
PZ 25-020 ZNCH
EXHIBIT 3B:
CHUBBUCK 2045: COMPREHENSIVE PLAN
OBJECTIVES, STRATEGIES AND POLICIES RELEVANT TO ZONE CHANGES
Below is a list of objectives, strategies, and policies adopted as part of Chubbuck 2045: Comprehensive Plan that
potentially apply zone change applications; decision makers should evaluate the following summaries and
determine if they are applicable to the proposal and if others can be identified from the Plan.
Summaries of goals, objectives, and policies may not be verbatim. Highlighted items are reviewed in the memo.
Starred items are identified in the Comprehensive Plan as High Priority Implementation Strategies
Di 290 E Linden, Chubbuck, ID 83202
194Phone 208.237.2430
CHUBBUCK www•CityofChubbuck.us
1AAHA
CHAPTER 3: HEALTHY CONNECTIONS
A COMMUNITY WITH EASY ACCESS TO HEALTHY OPPORTUNITIES AND SERVICES
OBJECTIVE 3.4: ENSURE THAT THE COMMUNITY HAS ACCESS TO HEALTHY FOOD AND BASIC CARE.
STRATEGY
3.4.a Continue to pursue opportunities in new development for retail establishments that provide
food and services to nearby residential areas.
STRATEGY
3.4.d Allow urban farms or market gardens to engage in for-profit activity.
STRATEGY
3.4.e Provide incentives or enhance regulations for fresh grocery/produce to be more available
throughout the City.
CHAPTER 4: LIVABLE SPACES
A WELCOMING, HEALTHY, AND CONNECTED COMMUNITY
WITH GROWING OPPORTUNITIES FOR EVERY AGE
COMPREHENSIVE PLAN POLICY 4P.1: ADHERE TO THE LAND USE DESIGNATIONS ON THE COMPREHENSIVE
PLAN MAP. (SEE ALSO STRATEGIES 4.1.a*, 4.2.a*, 4.3.a* AND 4.4.a.)
IDAHO STATUTE §67-6511: THE ZONING DISTRICTS SHALL BE IN ACCORDANCE WITH THE POLICIES SET FORTH
IN THE ADOPTED COMPREHENSIVE PLAN
Future Land Use Designation
Land Use/ Zoning Districts Permitted
Commercial
C-1 Limited Commercial
C-2 General Commercial
Mixed Uses
R-1 Single Family Residential
R-2 Limited Residential
R-213 Limited Residential P
R-3 General Residential
R-4 Dense Residential
C-1 Limited Commercial
Industrial / Employment
C-2 General Commercial
I Industrial
Residential — Low Density
R-1 Single Family Residential
R-2 Limited Residential
R -2P Limited Residential P
Di 290 E Linden, Chubbuck, ID 83202
194Phone 208.237.2430
CHUBBUCK www•CityofChubbuck.us
1AAHA
PZ 25-020 ZNCH
Exhibit 38
Future Land Use Designation
Land Use/ Zoning Districts Permitted
Residential — Medium Density
R-2 Limited Residential
R-213 Limited Residential P
R-3 General Residential
Residential — High Density
R-3 General Residential
R-4 Dense Residential
Village
HC Highway Corridor
V Village
Agricultural
A Agricultural
Note: the Creative Community (CC) and Planned Unit Development (PUD) zones may be located
anywhere within the City.
OBJECTIVE 4.1: ENCOURAGE A VARIETY OF LAND USES THROUGHOUT THE COMMUNITY TO
PROVIDE ACCESS TO EMPLOYMENT CENTERS AND COMMERCIAL AND PROFESSIONAL SERVICES.
STRATEGY* 4. I.a Implement the FLUM with appropriate zoning designations as properties develop.
STRATEGY 4.1.e Continue to pursue opportunities in new development for retail establishments that provide
food and services to nearby residential areas.
STRATEGY
4.1. f Provide convenient and appropriate commercial service locations at major intersections and
other hubs, and limit their adverse impacts on transportation systems, residences, and visual
integrity.
STRATEGY
4.1.g Pursue public-private partnerships to promote infill, redevelopment, and mixed-use projects.
STRATEGY
4.1.h Create and enforce development standards that increase the requirements for services and
amenities as project density/intensity increase.
STRATEGY
4.1.i To discourage sprawl and promote compact development patterns, all new development
projects shall be located within City limits and the USB.
STRATEGY
4.1 j Encourage a mix of land uses, a more -connected street network, and alternative modes of
transportation, including buses and shuttles.
STRATEGY
4.1.k Locate industrial uses in proximity to necessary rail and highway access.
STRATEGY
4. 1.1 Locate wholesaling and warehousing on secondary routes with truck access, rather than
principal community design corridors (Yellowstone Avenue, Chubbuck Road).
OBJECTIVE 4.2: DIVERSIFY THE OPTIONS OF HOUSING TYPES, INCLUDING MODERATE TO HIGH
DENSITY DWELLING UNITS, WHILE MAINTAINING EXISTING SINGLE-FAMILY NEIGHBORHOODS.
STRATEGY*
4.2.o Implement the FLUM with appropriate zoning designations as properties develop and plan for
a variety of housing choices and types to serve the various needs of the community.
STRATEGY
4.2.b Develop specific area plans for each of the planning nodes to ensure that housing options are
well designed and integrated into these community service destinations.
STRATEGY
4.2.c Establish and provide incentives for additional housing units within Mixed Use and
Commercial districts.
STRATEGY
4.2.d Coordinate low- and moderate -income housing development efforts with the SEICAA,
Pocatello Housing Authority, SICOG and other non-profit housing agencies.
STRATEGY
4.2.e Develop and implement mufti -family and non-residential development standards.
STRATEGY
4.2.f Support and encourage the siting of senior housing close to parks, bus stops, healthcare, and
similar services.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
PZ 25-020 ZNCH
Exhibit 38
OBJECTIVE 4.3: EXPAND THE VILLAGE TO PROVIDE AMENITIES ASSOCIATED WITH A TRADITIONAL
DOWNTOWN, WITH WALKABLE STREETS CONNECTING RESIDENTIAL, COMMERCIAL, CIVIC AND
ENTERTAINMENT USES.
STRATEGY*
4.3.a Implement the FLUM with appropriate zoning map and code amendments.
STRATEGY
4.3.b Collaborate with the CDA and property owners to provide options for existing uses to
transition to Chubbuck downtown appropriate uses, that comply with design and development
standards.
OBJECTIVE 4.4: PROVIDE FOR THE BEAUTIFICATION OF CHUBBUCK TO SERVE LOCAL RESIDENTS AND
VISITORS.
S
4.4.e Create a corridor plan for Yellowstone Avenue with special emphasis and depth at the
Chubbuck Road intersection (emphasize landscaping, enhanced pedestrian atmosphere, with
appropriate separation from vehicles).
STRATEGY
4.4.f Create and maintain an inventory of historic, architectural, archaeological, ecological, and
scenic areas and sites within the City; identify resources to advise and assist in preservation and/or
protection of these sites. Revise or add flexibility to existing codes and ordinances which act as
deterrents to preservation or rehabilitation efforts.
STRATEGY
4.4.i Establish regulations and policies that help preserve the character of designated sites, areas, or
structures.
STRATEGY
4.4.n Create and implement commercial design standards to create more interesting and attractive
shopping locations and to ensure compatibility of future development and invite more visitors to
Chubbuck.
LIVABLE SPACES POLICIES
POLICY
4P. I Adhere to land use designations on the Comprehensive Plan Map.
POLICY
4P.2 Direct urban growth to urban infill areas.
POLICY
4P.3 Conduct a proper evaluation of the capacity to serve new development before extending City
service outside the USB.
POLICY
4PA Encourage a transition of land use from low -intensity land uses (i.e., residential, quasi -public
park) to higher intensity land uses (i.e., commercial, and industrial) and taller structures.
Purposefully arranged land use transitions avoid conflicting uses while keeping distances between
uses short enough to facilitate communications, transportation, and human activity between them.
POLICY
4P.5 For infill of underutilized and isolated properties, implement innovative approaches for the
provision of access and utilities.
POLICY
4P.6 General commercial zoning should be located between communities or at a community
center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn Road and
Siphon 'iii
POLICY
4P.7Improve access to commercial development along Yellowstone Avenue via parallel streets,
alleys, etc.
POLICY
4P.8 Make investment in infill and redevelopment more attractive than sprawl.
POLICY
4P.9 New infill and redevelopment housing shall be designed so that garages and carports are set
back farther from the street than the front of the dwelling, and usable front porches or balconies
are provided and oriented toward the street.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
PZ 25-020 ZNCH
Exhibit 3B
POLICY
4P. 70 Per the descriptions in Table 3 FLUM Designations, only the identified zones shall be allowed
in the corresponding plan districts as shown on the FLUM. The PUD and Creative Community (CC)
zones may be located in any area of the City.
POLICY
4P. 11 Provide for access to the Yellowstone commercial corridor by alternative transportation
modes from residential areas.
POLICY
4P. 12 Strongly encourage infill and redevelopment to be pedestrian oriented.
POLICY
4P. 13 All new development shall be provided with adequate public facilities and services, including
water, sewer, roads, fire protection, EMS, police protection, and access to parks and schools.
POLICY
4P. 14 Use a combination of zoning, development standards, site planning/design review, and
transportation routes to create the highest level of compatibility between adjacent uses while
retaining a complementary mix of possible uses within neighborhoods and communities.
POLICY
4P. 16 Protect prime farmland from premature development and discourage smaller -lot
subdivisions which may place undue burdens on the County and the City.
POLICY
4P. 17 Encourage higher densities and site designs that support access to transit.
POLICY
4P. 18 Identify target areas for residential infill and redevelopment and encourage best
practices that improve compatibility with adjacent properties.
POLICY
4P. 19 Permit increased residential densities in targeted areas for infill and redevelopment.
CHUBBUCK VILLAGE POLICIES
POLICY
4PCV4 Future land use boundaries in the Village are not intended to be firm geographic
lines at the intersections of one land use vs. the other. The City maintains flexibility
in determining exact zoning designation based on a site-specific analysis.
CHAPTER 5: ECONOMIC AND EDUCATIONAL OPPORTUNITIES
A VIBRANT COMMUNITY WHERE SOCIAL AND ECONOMIC NEEDS ARE MET
OBJECTIVE 5.1: EXPAND THE ECONOMIC BASE OF CHUBBUCK TO PROVIDE INCREASED EMPLOYMENT
OPPORTUNITIES FOR NEW AND EXISTING RESIDENK 25-020 ZNCH
STRATEGY 5.1.b Continue to coordinate with the CDA, Bannock Development Corporation, City of Pocatello,
Bannock County, and other groups to support business attraction and retention.
STRATEGY S. 1.c Collaborate with other agencies and community partners to identify regional prospects for
enhanced economic benefits.
STRATEGY 5. I.e Develop Yellowstone Avenue as a unique commercial corridor economicall and visually, with
strong design emphasis at Chubbuck Road.
OBJECTIVE 5.2: PROVIDE SAFE AND ACCESSIBLE EDUCATIONAL OPPORTUNITIES FOR EVERY AGE
STRATEGY*
5.2.a Engage with the School District to regularly address concerns regarding location
and accessibility of their facilities and joint use where appropriate; ensure school sites are
walkable and bikeable from neighborhoods through the CUP and other approval
processes.
STRATEGY*
5.2.b Collaborate with ISU and other partners to enhance outreach and programs
targeted to Chubbuck residents.
ECONOMIC AND EDUCATIONAL POLICY
in5P. 7 General commercial zones should be designated between communities or at a
community center, at the intersection of principal arterials, or on Yellowstone Avenue
between Quinn Road and Siphon Road.
/944c_\
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
PZ 25-020 ZNCH
Exhibit 3B
CHAPTER 6: ENVIRONMENT QUALITY
A NATURAL ENVIRONMENT REFLECTING THE COMMUNITY'S DESIRE FOR CLEAN WATER AND OPEN SPACE
OBJECTIVE 6.1: PROTECT SURFACE AND GROUNDWATER SUPPLY TO SERVE CURRENT AND FUTURE
GENERATIONS
STRATEGY
6.1.k Protect and enhance streams, riparian areas, and wetlands and associated buffers
within the City limits; support similar efforts outside the City limits.
STRATEGY
6.1.m Cooperate with and encourage Bannock County to implement clustering of new
development within the AOI to limit negative effects on agriculture, forestry, and wildlife,
and to reserve larger agricultural tracts for potential urbanization beyond 2045.
OBJECTIVE 6.3: PROTECT THE LANDSCAPE AND STRUCTURES FROM WILDFIRE THROUGH DESIGN.
STRATEGY
6.3.b Work with Chubbuck's Fire Department to create a City of Chubbuck UWI process
that will be required for all zoning applications and building permit submittals for
properties located in Chubbuck's UWI area.
ENVIRONMENTAL QUALITY POLICIES
POLICY
6P.6 Limit development on steep slopes.
POLICY
6P. 10 Identify and protect sensitive lands within the City.
POLICY
6P. 11 Locate industrial zones in areas that are environmentally suitable.
CHAPTER 7: COMMUNITY SERVICES AND SAFETY
A NATURAL ENVIRONMENT REFLECTING THE COMMUNITY'S DESIRE FOR CLEAN WATER AND OPEN SPACE
OBJECTIVE 7.1: PROACTIVELY PROVIDE UPGRADES TO WATER AND SEWER INFRASTRUCTURE AND SEEK
SUSTAINABLE SOLUTIONS FOR SANITATION DEMANDS TO KEEP UP WITH GROWTH.
STRATEGY
7.1.a Collaborate with the County to conserve surrounding agricultural areas until such
time as City services are available.
STRATEGY*
7.1.d Continue to collaborate with the A o priori ize redevelopment areas for
increased density to optimize existing water and sewer infrastructure.
COMMUNITY SERVICES AND SAFETY POLICIES
POLICY 7P.3 Direct urban growth to urban infill areas.
POLICY 7P.9 To promote compact development patterns, all new development shall be located
within City limits and the USB, and be provided with adequate public services, including
water, sewer, roads, fire and police protection, EMS, and access to parks and schools.
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
IDAHO STATE Bingham News*
JOURNAL
CITY OF CHUBBUCK LEGALS
290 E LINDEN
CHUBBUCK, ID 83202
PZ 25-020 ZNCH
EXHIBIT 4A
PROFORMA INVOICE
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Ph. (208) 239-3163
BILLING DATE: ACCOUNT NO:
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NOTICE OF PUBLIC HEARING
CITY OF CHUBBUCK, IDAHO
NOTICE IS HEREBY GIVEN that the Land Use & Develop-
ment Commission of the City of Chubbuck, Idaho, will conduct
a Public Hearing at 6:00 pm on October 14, 2025 at Chubbuck
City Council Chambers, 290 East Linden Ave., Chubbuck, Ida-
ho. Public hearings will be held with respect to the following
items:
1. An application for a Title Map Amendment (zone change)
from General Commercial (C-2) and Limited Residential (R-2)
to General Commercial (C-2) on approximately 0.58 acres of
land located at 5015 Yellowstone Avenue in Chubbuck, Idaho.
The Comprehensive Plan designates the future land use for
the area as Commercial. At the meeting, the Commission will
consider whether the proposal satisfies the approval criteria in
municipal code section 18.28.050.B. Type of Action: Recom-
mendation.
2. A petition by Chubbuck City staff to update several sec-
tions of City Code: title 15, regarding monument signs; title 16,
updating references to adopted sight triangles; title 18, regard-
ing new definitions in the title and clarifying or deleting current
definitions; clarifying enumeration of land use districts and land
uses by district; updating references to sight triangles; updating
regulations for zero lot line dwellings; updating existing supple-
mental controls for particular uses and adding requirements
for short term rentals; clarifying requirements and terms for
major and minor home occupations; adding a term of approval
for a Design Review Clearance; clarifying approval process for
a planned unit development; and modifying land use enforce-
ment and repealing certain sections.
Title 15.24, Sign Regulations, clarifying the height limit for
monument signs; Title 16.12.040, Landscaping, updating ref-
erence to adopted sight vision triangles at intersections and
driveways; Title 18.06, Definitions, repealing the definitions of
an animal care site and a shop, and adding definitions of con-
venience store, machine shop, pet shop and supplies, service
station, short term rental, sight triangle and veterinary clinic
or hospital, and revising definitions of a childcare center, hotel
or motel, household, kennel, production building cluster ar-
rangement and vehicle sales site; Title 18.08.010, Enumeration
of Districts, adding descriptions of the highway corridor and
village zones; Title 18.08.040, Schedule of General Controls;
Land Uses by District, renaming automotive sales to vehicle
sales and service, replacing animal care site with veterinary
clinic or hospital, adding vehicle repair site and clarifying that
home occupations are permitted in commercial zones; Title
18.08.042, Schedule of General Controls; Regulations, revis-
ing setback requirements for zero lot line dwellings; 18.08.050,
Zero Lot Line Residence Waiver, repealing the section; Title
18.12.020, Supplemental Yard, Height, and Use Controls, up-
dating reference to adopted sight vision triangles at intersec-
tions and driveways and clarifying sight triangles at railroad
crossings; Title 18.12.030, Supplemental Controls for particular
uses, replacing animal care sites with veterinary clinic or hos-
pital with revised standards, revising name of vehicle sales site
and updating reference to adopted sight vision triangles at in-
tersections and driveways, and establishing standards for short
term rentals; Title 18.12.032, Supplemental Controls for Home
Occupations, expanding the definition of individual tutoring to
include two (2) students from the same household, and chang-
ing the term daycare to family daycare home to conform with
state law, and clarifying that on -street parking may change or
change the character of the neighborhood, and clarifying that
group or team instruction or tutoring shall not be permitted as a
minor home occupation and clarifying the number of students
in an organized class that may be on site at any given time;
Title 18.12.040, Miscellaneous Supplemental Controls, updat-
ing reference to adopted sight vision triangles at intersections
and driveways; Title 18.14.020 Landscaping Requirements for
Certain Yard Areas and Off Street Parking and Other Vehicular
Use Areas, updating reference to adopted sight vision triangles
at intersections and driveways; Title 18.16.040, Clearance Ap-
proval, adding a term of approval for one year; Title 18.19.070,
Land and Building Uses, table 19.2, rename automotive sales
to vehicle sales and service, rename animal care site to veter-
inary clinic or hospital and add vehicle repair site to the table
as not permitted in either the HC or V districts; Title 18.20.040,
Procedure for Approval of a PUD, remove outdated reference to
the City Council holding a public hearing with a review of a PUD
proposal; Title 18.20.100, Streetscapes and Sign Standards in
PUDs, adding a reference to adopted sight vision triangles at
intersections and driveways; Title 18.32.020, Permits and Mu-
nicipal Services, delete reference to the removal of structures;
Title 18.32.040, Criminal Penalties, repealing the section; and
Title 18.32.050, Conditional Occupancy Permit, repealing the
section. The application will be reviewed against criteria in sec-
tion 18.28.050.13 of city code. Type of action: Recommendation.
Written testimony must be received by jbowers@cityofchub-
buck.us at least 7 days prior to the hearing, shall comply with
standards established in City resolution 2021-06. A complete
description of each item is available to the public on request
to jbowers@cityofchubbuck.us. Commission packets are gen-
erally available the week before the meeting at httos:/Icity-
ofchubbuck.us/land-use-commission/ or are available by
contacting the City Clerk. Any and all persons may register
comments, protests, or agreements on the hearing subjects
being considered. Oral testimony concerning these proposals
may be offered at the public hearing. Commission may limit
oral testimony.
Any person needing special accommodations to participate
in the meeting should contact the City Clerk, Joey Bowers
at jbowers@cityofchubbuck.us at least 24 hours prior to the
meeting.
Joey Bowers
City Clerk
Published: September 27th, 2025 (ISJ848-675939)
PZ 25-020 ZNCH
EXHIBIT 4A
CHUBBUCK
1 0 A H 0
Public Works Department
Planning Services
290 E Linden Ave, Chubbuck, ID 83202
Phone 208.237.2430 / 208.239.3252
www.CityofChubbuck.us
dmatson@cityofchubbuck.us
October 14, 2025
PZ 25-020 ZNCH
EXHIBIT 48
NOTICE IS HEREBY GIVEN that the City of Chubbuck Land Use and Development Commission will
conduct a public hearing and deliberation at 6:00 PM on October 14, 2025 at Chubbuck City Council
Chambers, 290 E Linden Avenue, Chubbuck, Idaho. The item to be discussed is described below.
You are provided special notice of the following proposal pursuant to Idaho and City codes, as a
property owner of record within a defined distance or as a political subdivision/utility as is otherwise
required by law. The hearing will be open to the public and you are notified of your opportunity to
testify in favor of, neutral to, or against the proposal.
A public hearing will be held with respect to the following item:
Subject: An application for Title Map Amendment (zone change) from General Commercial (C-2)
and Limited Residential (R-2) to General Commercial (C-2) on approximately 0.58 acres of land. The
Comprehensive Plan Future Land Use Map designates this area for Commercial development.
Location: The subject property is located at 5075 Yellowstone Avenue in Chubbuck, ID.
Type of Action: Recommendation to the City Council.
Procedure. The Commission will consider:
Whether the proposal satisfies requirements for approval in municipal code section
18.28.050.6, as well as criteria in Idaho Statute §67-6511.
Whether the request is consistent with the City of Chubbuck Comprehensive Plan.
If approved, whether the request will result in demonstrable adverse impacts upon the delivery
of service by any political subdivision (city, school district, utility district, etc.) providing
services.
Materials Available to Review. Complete copies of the Proposal and the Staff Report to the
Commission are available by contacting Don Matson, Planning Services Manager:
o Email: dmatson@cityofchubbuck.us
o City Hall: 290 E. Linden Avenue, Chubbuck
o Phone: 208-239-3252
Providing Comment: Any and all persons may register comments, protests, or agreements on the
hearing subjects being considered.
• Written testimony, including emails, must be received (address above) at least 7 days prior to
the hearing to be included with the staff report, and shall be considered public record.
• Oral testimony concerning the proposal may be offered during the public hearing. The
Commission may limit oral testimony.
PZ 25-020 ZNCH
EXHIBIT 48
• Note: The Commission recommendation is forwarded to the City Council, along with public
comment. The Council will consider the proposal as a business item without further public
comment and no additional public hearing.
Staff Report: The staff report to the Commission, including application materials and public
comments, will be available to review 6 days prior to the hearing at the above address, or on the city
website:
• cityofchubbuck.us 4 Government 4 Land Use and Development Commission 4 Land Use
Meeting Packets (left side of page)
Reference Map:
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Special accommodations: Any person needing special accommodation to participate in the meeting
should contact Joey Bowers, City Clerk, at 208-237-2400 at least 24 hours prior to the meeting.
CHUBBUCKH 8
1 0
290 E Linden Avenue, Chubbuck, ID 83202
Phone 208.237.2430 / 208.239.3252
dmatson@cityofchubbuck.us / www.CityofChubbuck.us
PZ 25-020 ZNc
EXHIBIT 4C:
RECORD OF PUBLIC NOTICE
PROPERTIES WITHIN 300 FEET
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CARTER, BRADY
13141 N MANNING LN
POCATELLO, ID 83202
CORNELISON, KEITH
560 N 6000 W
REXBURG, ID 83440
HENRY, MARTHA J
161 MINGO LANE
CHUBBUCK, ID 83202
LARSEN, JOHN DEE
154 MINGO LN
CHUBBUCK, ID 83202-2242
M & K PROPERTIES LLC
PO BOX 3853
IDAHO FALLS, ID 83403
PARRISH COMPANY
C/O KATHLEEN PARRISH
1841 SATTERFIELD
POCATELLO, ID 83201
THRESHOLD LAND HOLDING LLC
5024 YELLOWSTONE AVE
CHUBBUCK, ID 83202
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EXHIBIT 4D:
REQUIRED PUBLIC NOTICE
OWNERS OF PROPERTIES WITHIN 300 FEET
CARTER, BRADY CASTILLO, JOSE L
230 E CHUBBUCK RD 13224 N SMITH RD
CHUBBUCK, ID 83202 POCATELLO, ID 83202
FLOWERS, KELBY R GUNDERSEN, ALEXIS L
155 MINGO LN 187 STUART AVE
CHUBBUCK, ID 83202 CHUBBUCK, ID 83202
JACKSONS FOOD STORES INC LARSEN, ERNEST VALDENE
3450 COMMERCIAL COURT 148 MINGO LN
MERIDIAN, ID 83642 CHUBBUCK, ID 83202-2244
LEGACY 11 LLC LONE ROCK HOLDINGS LLC
146 E CHUBBUCK RD 4332 S ENTERPRISE DR
SUITE C
CHUBBUCK, ID 83202 ST GEORGE, UT 84790
MCLEAN, GORDON L SR NEWBOLD, TRAVIS
197 STUART AVE 551 W PINE STREET
CHUBBUCK, ID 83202-2235 POCATELLO, ID 83201
PHELPS, JAMES DALE TAYLOR, RAY LYNN
C/O PREFER, RODNEY E 145 MINGO LN
135 STUART AVE
CHUBBUCK, ID 83202 CHUBBUCK, ID 83202
TRIPLE C & P LLC
2609 LAKEVIEW
AMERICAN FALLS, ID 832110000
EXHIBIT 4E:
RECORD OF PUBLIC NOTICE
POLITICAL SUBDIVISIONS AND UTILITIES SERVING THE CITY
Comm un its Relat ions
Idaho Power Copop oy
243 Bluq take5South
Twin Falls, Ill 83301
Intermountaln Gas Co.
12594 W. Tyhee Rd.
Rocalello, 141 3206
BaronockCounty CommISSIDners
130 North V1 Ave.
Pocatello, ID 83201
W nnock Com my A essor
134 N. 61" Ave.
Pocatello, ID 83201
BatnncckCountyr Road & Bridge
5540South 5" Ave.
Pocatello, ID 832-04
Idaho Tran sportatloo Dep artmevt
5151 5o,ith 5* Ave.
Pocatello, ID 83204
Un lied States Postal swvke
730 East Clark St.
Patello, ID 8 201
Bannock PlannIng OrManitatlm
21[} EaSt Center 5#.
pocatellar 10832D1
Cammanity llelatia5s
Sparklight
204 W. Alamedla Rd.
Pocatello. io 83201
e' Ar.L ii Ai•Yr bu %t' ---r
L V41rrrgL rIL-F R 410E 1L 11'
CenturyUnk
PO Box 52187
Phoentxr AZ 95072
SChOpl DIstnet 25
3115 Pole Linc Road
Pocatello, l0 83201
Planning & Development
5500 South 51h Avenue
Pocatello, I O 83204
FDrt Hall Irrigation Project
PO Box 220
Fart Hall, la 83203
Southeastern Idaho PubVc Health
1901 Aplin Ric ken Drive
Pocatdor ID 83201
P te0a Ch+ubby&Auditorium
15157 Way to Grace
Pocatello, ID 83204
Pacalell,D airport
PO Box 4M
Pocatello. i0 83205
Idaho Fish & Game
1345 Barton Road
Pocatello, ID 83204
Partneuf Library
5210 Stuart Ave.
Chubbuck, 10 83202
Pocatello Regional Transit
5815 South 5th Avenue
Pocatello, ID 83204
North Bannock Fire District
444 E. Chubbutk Rd.
Chubbuckr 10 83202
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EXHIBIT 4F:
RECORD OF PUBLIC NOTICE
ON-SITE POSTING
Posted 9/24/25 at 5015 Yellowstone Ave (on Mingo Ln side of property)
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO PROVIDING FOR
CHANGE OF LAND USE DISTRICT WITH RESPECT TO CERTAIN LANDS
WITHIN THE BOUNDARIES OF THE CITY OF CHUBBUCK; FROM
GENERAL COMMERCIAL (C-2) AND LIMITED RESIDENTIAL (R-2) TO
GENERAL COMMERCIAL (C-2); DECLARING THAT THE CITY COUNCIL
FINDS THAT SUCH CHANGE IN LAND USE PATTERN IS CONSISTENT
WITH THOSE PRESCRIBED BY THE CITY'S COMPREHENSIVE PLAN; AND
PROVIDING WHEN THIS ORDINANCE SHALL BE EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Change of Land Use District. The land use district established by the
Chubbuck Land Use Ordinance, with respect to the lands described below, located within the
boundaries of the City of Chubbuck, Idaho is hereby changed from General Commercial (C-2)
and Limited Residential (R-2) to General Commercial (C-2):
A PARCEL OF LAND LOCATED IN THE SOUTHWEST'/4 OF SECTION 3, TOWNSHIP 6
SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN, IN THE COUNTY OF BANNOCK,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER %4 CORNER OF SECTION 3, AS DESCRIBED IN CP&F
INST. NO. 21320659;
THENCE SOUTH 00023'06" EAST, A DISTANCE OF 1118.68 FEET;
THENCE NORTH 89019'30" WEST, A DISTANCE OF 46.02 FEET TO THE POINT OF
BEGINNING;
THENCE SOUTH 00021'00" EAST, A DISTANCE OF 98.00 FEET;
THENCE NORTH 89019'30" WEST, A DISTANCE OF 259.92 FEET;
THENCE NORTH 00023'06" WEST, A DISTANCE OF 98.00 FEET;
THENCE SOUTH 89019'30" EAST, A DISTANCE OF 259.98 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0.6 ACRES, MORE OR LESS.
ORDINANCE — Page 1
Section 2. Comprehensive Plan. The Mayor and the City Council find, and therefore
declare, that the foregoing changes in the Land Use Districts established in Title 18, Chubbuck
City Code are consistent with the land use pattern prescribed by the City's Comprehensive Plan
for the above-described property.
Section 3. Effective Date. Full public hearings having been conducted in this matter,
and the rule requiring an ordinance to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance shall become effect upon its passage,
approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this day of
Kevin B. England, Mayor
ATTEST:
Joey Bowers, City Clerk
ORDINANCE — Page 2