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0576 Urban Renewal Plan 200321910585 ORDINANCE NO. 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, APPROVING AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CHUBBUCK URBAN RENEWAL AREA; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY, STATE AND OTHER OFFICIALS; PROVIDING FOR A LIMITATION ON ACTIONS AGAINST THE PLAN AFTER 30 DAYS FROM THE EFFECTIVE DATE OF THE ORDINANCE; PROVIDING FOR A WAIVER OF THE READING RULES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Chubbuck Development Authority (hereafter the "Agency") was established on October 9,1992, by Resolution No. 4-92 of the City Council of the City of Chubbuck, Idaho (Exhibit "A", attached hereto); and, WHEREAS, on July 14, 1992, the City Council of the City of Chubbuck, Idaho (the "City"), by Resolution No. 7-92 determined certain property to be a deteriorated area or a deteriorating area or a combination thereof and designated the area as appropriate for an urban renewal project, said area to be known as the Chubbuck Urban Renewal Area (the "Project Area") (Exhibit "B", attached hereto); and, WHEREAS, on April 22,2003, the Agency met and considered an Amendment (hereinafter the "Amendment") to the Chubbuck Urban Renewal Plan for said Project Area (hereafter, the "Plan") and by unanimous vote adopted its recommending to City Council the adoption of the Amendment to the Plan (Exhibit "C", attached hereto); and, WHEREAS,'on May 9, 2003, the Chubbuck Planning and Zoning Commission reviewed the Amendment and has approved the Amendment as being in conformity with the City's Comprehensive Plan (see minutes of the City's Planning and Zoning Commission attached hereto as Exhibit "D"); and, WHEREAS, on May 20,2003 the Notice of Public Hearing was published in the Idaho State Journal, the official newspaper for public notice in the City, and also was sent to the governing bodies of Bannock County, Assessor, Road & Bridge; Ambulance District, Portneuf Library District, and School District No. 25, setting the date for a public hearing to be held on Tuesday, August 12, 2003, at 7:00 o'clock, p.m., for consideration of the adoption of the Amendment to the Plan (see Exhibits "E" and "F", attached hereto); and, WHEREAS, on August 12, 2003, at 7:00 o'clock, p.m., the Chubbuck City Council held a public hearing on consideration of the adoption of the Plan; and, ORDINANCE - PAGE -1- chubbuck08.26a i ' 1r/ 21910585 WHEREAS, the legislature of the State of Idaho has enacted Chapter 29, Title 50, Idaho Code, as amended (the "Act") authorizing certain urban renewal agencies (including the Agency) to adopt revenue allocation financing provisions as part of the urban renewal plans; and, WHEREAS, the Amendment to the Plan presented by the Agency contains a modified revenue allocation financing provision; and, WHEREAS, as required by applicable law, the Plan (including the Amendment) contains the following information which was made available to the general public and all taxing districts with taxing authority in the Project Area at least thirty days prior to the August 12, 2003 meeting of the City Council: (a) a statement of the objectives of the municipality in undertaking the urban renewal project; (b) an estimate of the cost of the urban renewal project; (c) the sources of revenue to finance these costs, including estimates of revenue allocation under the Act; (d) the amount of bonded or other indebtedness to be incurred; (e) the duration of the project's existence; (f) a description of the revenue allocation area; and, (g) a statement of the estimated impact of revenue allocation financing on all taxing districts within the Revenue Allocation Area. WHEREAS, appropriate notice of the Plan and the revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code Section 50-2906; and, WHEREAS, it is necessary and in the best interest of the citizens of the City to adopt the Amendment, including revenue allocation financing provisions, since revenue allocation will help finance the urban renewal project to be completed in accordance with the Plan (as amended) in order: to encourage private development in the Project Area; to prevent and arrest decay of the Project Area due to the inability of existing financing methods to provide needed public improvements; to encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Project Area in order to facilitate the long-term growth of their common tax base; to encourage private investment in the area and to further the public purposes of the Agency. y CITY OF CHUBBUCK c �? ZN9JUL 23 A :2-3 ORDINANCE - PAGE -2- chubbuck08.26a -f u BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1. That it is hereby found and determined that: (a) The Project Area, as defined in Resolution No. 4-92, continues to be deteriorated or a deteriorating area as defined in the Act and qualifies as an eligible urban renewal area under the Act; (b) The rehabilitation, conservation, and redevelopment of the Project Area pursuant to the Plan is necessary in the interest of the public health, safety, and welfare of the residents of the Project Area and City of Chubbuck; and, (c) There continues to be a need for the Agency to function in the Project Area and the City of Chubbuck. SECTION 2. That there is not expected to be any displacement of persons or families within the Project Area. SECTION 3. That the said Amendment to the Plan conforms to the Comprehensive Plan of the City of Chubbuck, Idaho. SECTION 4. That the said Plan (as amended by the Amendment) gives due consideration to the provision of adequate open space, park and recreation areas and facilities that may be desirable for neighborhood improvement and shows consideration for the health, safety and welfare of any children residing in the general vicinity of the Project Area covered by the Plan. SECTION 5. That said Plan (as amended by the Amendment) affords maximum opportunity, consistent with the sound needs of the City as a whole for the rehabilitation or redevelopment of the Project Area by private enterprise. SECTION 6. That the City Council finds that the Project Area and Revenue Allocation Area (as amended by the Amendment) do not consist of predominately open land, that the Agency does not intend to acquire any open land on any widespread basis, and that the Project Area is planned to be redeveloped in a manner that will include both residential and non-residential uses. Provided, however, that the City Council does find that if portions of the Project Area and Revenue Allocation Area are deemed 'open land" the criteria set forth in the Act and Title 50, Chapter 20, Idaho Code, as amended, have been met, and that the City Council finds that there is a shortage of housing of sound standards and design which is decent, safe and sanitary existing in the Project Area and the City and that one of the Plan objectives, to increase the residential opportunity to include affordable housing, does meet the sound needs of the City for housing and will provide housing opportunity in an area that does not now contain such opportunity, and that the portion of the Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local ORDINANCE - PAGE -3- chubbuck08.26a 21��. community objectives, in accordance with the Act and the objectives of the Comprehensive I to overcome economic disuse, outmoded street patterns, the need for improved traffic patterns and the need for improved infrastructure and facilities in the area. SECTION 7. That the Amendment to the Plan, a copy of which is attached hereto and marked as Exhibit "G" and made a part hereof by attachment, be and the same hereby is approved. SECTION 8. That 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 Bannock County, Assessor, Road & Bridge; Ambulance District, Portneuf Library District, and School District No. 25, and to the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, as amended, and a map or plat indicating the boundaries of the Revenue Allocation Area, as amended; PROVIDED HOWEVER that while the boundaries are changed, the properties within the area that are on the base assessment roles for purposes of the revenue allocation financing shall not be changed unless and until an agreement is reached with the Bannock County Commissioners to change the agreement entered into among the City of Chubbuck, the Chubbuck Development Authority and Bannock County dated October 27, 1998 ("Agreement"). That Agreement specifies which properties are on the base assessment roles for the purposes of the revenue allocation and cannot be changed unless approved by all three entities that are signatories to the Agreement. SECTION 9. The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Amendment to the Plan includes that portion of the Project Area, the equalized assessed valuation of which the Council hereby determines in and as part of the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. SECTION 10. No direct or collateral action attacking the 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 Plan. SECTION 11. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the Full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same hereby is, dispensed with, and accordingly, this Ordinance shall be in full force and effect immediately upon its passage, approval and publication, and shall be retroactive to January 1, 2003, to the extent permitted by Title 50, Chapter 29, Idaho Code, as amended. 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. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. ORDINANCE - PAGE -4- chubbuck08.26a PASSED BY THE CITY COUNCIL �- `'l�i01.%, y 5 August 26, 2003 SIGNED BY THE MAYOR ugust 26, 003 J O. Cotant, MAYOR ATTEST: '�' 0 ". — Ron Conlin, CITY CLERK ORDINANCE - PAGE -5- chubbuck08.26a 10m:11: Resolution No. of the Chubbuck City Council ( Attached ) ORDINANCE - PAGE -6- chubbuck08.26a n CITY OF CHUBBUCK, IDAHO RESOLUTION NO. 3-2003 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, ACCEPTING THE RECOMMENDATION OF THE CHUBBUCK DEVELOPMENT AUTHORITY TO PROCEED WITH THE PROCESS OF AMENDING THE BOUNDARIES OF THE EXISTING REVENUE ALLOCATION AREA, TO BE AS DESCRIBED ON ATTACHMENT A. WHEREAS, Resolution No. 4-92 declared the need for and created an urban renewal area; and WHEREAS, Resolution Nos. 7-92, 11-92, and various other resolutions passed since 1992 have established the property line within the urban renewal area; and WHEREAS, the Chubbuck Development Authority has recommended to the Chubbuck City Council that it proceed with amending the boundaries of the existing urban allocation area to expand the boundaries to those as described on Attachment A; and WHEREAS, Idaho Code § 50-2906 sets forth the process for effecting such an amendment to the boundaries. NOW, THEREFORE, be it resolved by the Mayor and the City of Chubbuck: The Chubbuck City Council accepts the recommendation of the Chubbuck Development Authority to proceed with the process of amending the boundaries of the existing urban allocation area and to change them to those described on Attachment A. RESOLUTION - Page 1. chubbuck06.04res(1721.113) 21910585 The City staff is directed to develop an ordinance incorporating that change and to set that ordinance for public hearing as required by Idaho Code § 50-2906(3) and to notify the affected taxing districts as required. The ordinance shall direct that the boundaries of the agreement are changed, the properties within the area that are on the base assessment roles for purposes of the revenue allocation financing shall not be changed unless and until an agreement is reached with the Bannock County Commissioners to change the agreement entered into among the City of Chubbuck, the Chubbuck Development Authority and Bannock County dated October 27, 1998. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, THIS 12th DAY OF AUGUST, 2003. CITY OF CHUBBUCK, a municipal corporation of Idaho, 4J4ohnO. Cotant, Jr., Mayor ATTEST: J/ w Ron Conlin, City Clerk RESOLUTION - Page 2 dsc chbbck25 208- CITY OF CHUBBUCK 551 P03 MAY 22 '03 17:00 21910555 ATTACHMENT A CHUBBUCK DEVELOPMENT AUTHORITY Description of Project Area - Urban Renewal Area Beginning at a point in the City of Chubbuck, Bannock County Idaho, which point is at the intersection of the north right-of-way line of East Chubbuck Road and the west line of Section 2, T.6S.R.34E. Thence S 89°44'6" E along the north right-of-way line of East Chubbuck Road, 2623.52 feet, more or less, to the meridional centerline of said Section 2; Thence S 4°28'39" E along the meridional centerline of said Section 2, 25 feet, more or less, to the north quarter corner of Section 11, T.6S_R.34E.; Thence S 4°28'39" E along the meridional centerline of Section 11, 25 feet, more or less, to its intersection with the south right-of-way line of East Chubbuck Road; Thence S 89°43'31" E along the south right-of-way line of East Chubbuck Road, 1061.65 feet, more or less, to its intersection with the west right-of-way line of I-15; Thence S 1'3753" E along the west right-of-way line of 1-1 5, 1230.86 feet, more or less; Thence S 14'3 1'57" W along the west right-of-way line of I-15, 875.89 feet, more or less, to its intersection with the north right-of-way line of I-86; 'fhence S 65°45'19" W along the north right-of-way line of I-86, 869.76 feet, more or less, to the southeast comer of Mountain Park Subdivision; Thence S 81'5452" W along the north right-of-way line of 1-86, 545.16 feet, more or less; Thence S 86'1 T58" W along the north right-of-way line of 1-86, 414.05 feet, more or less; Thence S 84°26'8" W along the north right-of-way line of 1-86, 405.14 feet, more or less, to the west right-of-way line of Hiline Road; Thence N 18'10'18" W along the west right-of-way line of Hiline Road, 453.10 feet, more or less; Thence N 89'23'1 " W along the north line of Rock `n Horse Partnership property, 519.49 feet, more or less; Thence S 3°31'43" E along the west line of Rock `n Horse Partnership property, 413.51 feet, more or less, to its intersection with the north right-of-way line of 1-86; Thence N 89° 18'2" W along the north right-of-way line of I-86, 23 94.8 8 feet, more or less, to its intersection with the Stuart Lateral Canal; Thence S 0°29'47" E along the Stuart Lateral Canal and the Chubbuck Municipal Boundary, 270.06 feet, more or less; Thence S 23°2631" E along the Stuart Lateral Canal and the Chubbuck Municipal Boundary, 209.39 feet, more or less, Thence S 1 ° l 5'27" E along the Stuart Lateral Canal and the Chubbuck Municipal Boundary, 283.51 feet, more or less; Thence S 23°7'45" W along the Stuart Lateral Canal and the Chubbuck Municipal Boundary, 221.73 feet, more or less, Thence S 2°58'47" W along the Stuart Lateral Canal and the Chubbuck Municipal Boundary, 217.69 feet, more or less; Thence S 8°22'9" E along the Stuart Lateral Canal and the Chubbuck Municipal 2oe- C I I Y OF CHUBBUC.K JJl rr� + i in ee rrJ 1 r , e�r� 21910585 Boundary, 32.83 feet, more or less, Thence S 1438' 11 " E along the Stuart Lateral Canal and the Chubbuck Municipal Boundary, 112.39 feet, mor or less; Thence southwesterly along the Stuart Lateral Canal and the Chubbuck Municipal Boundary in a curve to the west, 106.15 feet, more or less, said curve having a radius of 249.1 feet and a chord bearing of S 2°25'42" E; Thence S 946'48" W along the Stuart Lateral Canal and the Chubbuck Municipal Boundary, 195.36 feet, more or less; Thence S 57°49'48" W, 74,94 feet, more or less, to the northeast corner of lot 1 Berryman Tracts Subdivision; Thence N 46°59' 12" W along the north boundary of lots 1 and 2 of Berryman Tracts Subdivision, 444.60 feet, more or less; Thence S 69°23'23" W along the north boundary line of lots 2, 3, 4, and 5 ofBerrymah Tracts Subdivision, 585.77 feet, more or less, to its intersection with the east right-of-way line of Yellowstone Avenue; Thence S 0°2'23" W along the east right-of-way line of Yellowstone Avenue, 279.65 feet, more or less; Thence southeasterly along the east right-of-way line of Yellowstone Avenue in a curve to the east with a radius of 815.89 feet and a chord bearing of 38°35'2" E, 1100.00 feet, more or less; Thence south, 66 feet, more or less, to the north right-of-way line of Quinn Road; Thence S 89°54'9" W along the north right-of-way line of Quinn Road, 3318.48 feet, more or less, to its intersection with the west right-of-way line of Hawthorne Road; Thence N 0° l 6'49" W along the west right-of-way line of Hawthorne Road, 4041.31 feet, more or less, to the south right-of-way line of Bonanza Street; Thence S 79°35'54" W along the south right-of-way line of Bonanza Street, 498.75 feet, more or less, to the west right-of-way line of Teton Street; Thence N 0'17'6" W along the west right-of-way line of Teton Street, 985.35 feet, more or less, to the north right-of-way line of Victor Avenue; Thence N 89°50'6" W along the north right-of-way line of Victor Avenue, 900.03 feet, more or less, to the southwest corner of lot 10, block 5 of Country Acres I' Addition Subdivision; Thence N 0° 16'42" W along the west line of said lot 10, 219.99 feet, more or less, to the northwest corner of said lot 10, which is also the southwest corner of lot 24, block 3 of Country Acres Subdivision; Thence N 0� 1 1'32" W along the west line of said lot 24, 200.01 feet, more or less, to the northwest comer of said lot 24 and the south right-of-way line of West Chubbuck Road; Thence N 0°8'58" E across West Chubbuck Road, 50.33 feet, more or less, to the north right-of-way line of West Chubbuck Road; Thence S 89°51'2" E along the north right-of-way line of West Chubbuck Road, 1390.89 feet, more or less, to the west right-of-way line of Hawthorne Road; Thence N 0°20'21 " W along the west right-of-way of Hawthorne Road, 2688.27 feet, more or less, to its intersection with the north right-of-way line of James Avenue; Thence S 89°23'44" E along the north right-of-way line of James Avenue, 506.92 feet, more or less, to the west right-of-way line of Stuart Avenue;. Thence N 4043'0" E along the west right-of-way line of Stuart Avenue, 266.61 feet, more or less; Thence N 0°944" W along the west right-of-way line of Stuart Avenue, 534.63 feet, more or less, to its intersection with the north right-of-way line of Adams Street; Thence S 89'18'3" E along the north right-of-way line of Adams Street, 2187.78 feet, more or less, to its intersection with the east right-of-way line of Yellowstone Avenue; Thence S 0°14'36" E along the east right-of-way line of Yellowstone Avenue, 2366.79 feet, more or less, to the north right-of-way line of Ward Drive; Thence S 89°26'31" E along the north right-of-way line of Ward Drive, 419.50 feet, more or less, to the east right-of-way line of Valenty Road; Thence S 0°27'5" E along the east right-of-way line of Valenty Road, 1122.11 feet, more or less, to the north right-of-way line of East Chubbuck Road; Thence S 89°25'39" E along the north right-of-way lire of East Chubbuck Road, 2270.56 feet, more or less, to its intersection with the west line of Section 2, T.6S.R.34E., the point of beginning. 04/15/03 This legal description was developed without the benefit of a field survey. 21910585 EXHIBIT "C" Resolution No. of the Urban Renewal Agency of the City of Chubbuck, Idaho ( Attached ) ORDINANCE - PAGE -8- chubbuck08.26a COUNCIL MEETING MINUTES August 12`h, 2003 121 Minutes of a Special Meeting held at Ellis Elementary School, August 12`h, 2003. 2191Q5S5 Present: Mayor John O. Cotant, Council members Steven M. England, Marvin C. Gunter, B. Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilman Leroy S. Quick was excused. Meeting was called to order at 7:03 p.m. by Mayor Cotant. PURPOSE OF MEETING is to conduct a Chubbuck Development Authority Meeting to proceed with the process of amending the boundaries of the existing revenue allocation area. CHUBBUCK DEVELOPMENT AUTHORITY MEETING MINUTES August 12`h, 2003 PUBLIC HEARING - PROPOSED URBAN RENEWAL BOUNDARY CHANGE - A resolution accepting the recommendation of the Chubbuck Development Authority to proceed with the process of amending the boundaries of the existing revenue allocation area. Chairman Mayor Cotant declared the public hearing open. Proposed amended boundaries were discussed There was no comment from the public. Chairman Mayor Cotant declared the public hearing closed. Councilman Kearns made a motion that the Chubbuck Development Authority recommend approval of the resolution as presented to the Chubbuck City Council, Councilman Gunter seconded. All Chubbuck Develo ment Authorit b voted in favor of motion. p y mem ers present APPROVAL OF CHUBBUCK DEVELOPMENT AUTHORITY MINUTES - Chairman Mayor Cotant asked for corrections or additions to the April 22nd, 2003 Chubbuck Development Authority Minutes. Councilman Kearns moved to approve the April 22nd, 2003 Chubbuck Development Authority Minutes as read, Councilman England seconded. All Chubbuck Development Authority members present, voted in favor of motion. 21910535 123 CHUBBUCK DEVELOPMENT AUTHORITY MEETING MINUTES - (cont.) August 12`h, 2003 At 7:13 p.m, Councilman England moved, Councilman Kearns seconded, with full Chubbuck Development Authority members approval to adjourn meeting. John O. Cotant, Mayor Ron C. Conlin, City Clerk EXHIBIT "D" Approval by Chubbuck Planning and Zoning Commission ( Attached ) ORDINANCE - PAGE -9- chubbuck08.26a LAI`' USE AND DEVELOPMENT COME SION May 6, 2003 21910585 Minutes of the regular session of the Land Use and Development Commission held in the City Municipal Building May 6, 2003. Present: Chairman Pete Anderson; Commission members: Michelle Miller, Michelle Christy, Ray Rosen, Jason Mendenhall, Mary Harker, Deloy Stuart, Lee Merrill; Attorney: Tom Homes; City staff. Steve Smart, Larry Kohntopp, Sean Harris, and Secretary Myrna Crapo Chairman Anderson called the meeting to order at 7:00 p.m. Chairman Anderson asked if anyone on the commission had a conflict of interest. Chairman Anderson asked for approval of the minutes of January 7, 2003. Lee Merrill moved to approve the minutes as mailed, DeLoy Stuart seconded; all voted in favor. PUBLIC HEARING: 1. A conditional use permit application by The Church of Jesus Christ of Latter Day Saints, P.O. Box 2042, Pocatello, Idaho, to remove existing steeple columns and erect a roof -mount steeple to approximately 69', for church located at 450 James. Property is zoned (R-2) Limited Residential. Charles Jensen, 645 W. Center, They want to make all of the churches look the same. It will make a lot nicer looking building. Chairman Anderson opened the meeting for public comment for or against the application. There were no public comments so it was brought back to the commission. Mary Harker moved to approve the application for the Church of Jesus Christ of Latter Saints, P.O. Box 2042, Pocatello, Idaho, 83201, for a conditional use permit for the purpose of permitting a steeple to approximately 69' project located at 450 James in Chubbuck Idaho. Ray Griffin seconded. Roll call vote: Michelle Miller, yes; Michelle Christy, yes; Ray Rosen, yes; Jason Mendenhall, yes; Mary Harker, yes; Deloy Stuart, yes; Lee Merrill, yes; Pete Anderson, yes. 2. An application by Dave Orthel and & Assignees, 799 Leonidas, Chubbuck, ID 83202, for a chance of land use district from Agricultural (A) to General Commercial (C-2). Property is located at 4650 Hawthorne. Dave Orthel, 799 Leonidas: It will be a one story building with stucco design. There will be trees and drainage on the west and east side of the building. They are looking for professional offices to occupy the building, he has an Allstate office. The meeting was opened for public comment for or against. Bob Elzner, 207 E. Chubbuck Road, is for it and feels it would be a great improvement Leon Hemenway, 4661 Hawthorne, was concerned about the parking and wondered where it would be located. Land Use and Development Commission May 6, 2003 0 . 1�' Page 2 � Chai2.914585 rma n A d Ordinances. �nn erson Pormed Mr. Hemenway that the parking would comply with the City Dave Orthel the parking went through design review and they have enough parking spaces according to the City of Chubbuck ordinances The public hearing was closed,. The commission discussed: 1. The comprehensive plan fits what is proposed. 2. It fits into the area. Ray Rosen moved to recommend the approval of the application by Dave Orthel and Assignees, 799 Leonidas, Chubbuck, ID 83202 for a change of land use district from Agricultural (A) to General Commercial (C-2). Property is located at 4650 Hawthorne. Deloy Stuart seconded. Roll call vote: Michelle Miller, yes; Michelle Christy, yes; Ray Rosen, yes; Jason Mendenhall, yes; Mary Harker, yes; Deloy Stuart, yes; Lee Merrill, yes; Pete Anderson, yes. 3. An application by Bob Elzner, John Cotant and Renae Worthem, P.O. Box 5310, Chubbuck, Id 83202 for a Change of Land use District from Agricultural (A) to Single Family Residential (R-1). Property is located south of 4871 Johannsen Place west of Monika Court. Bob Elzner, 207 E. Chubbuck Road, they purchased the property and want to change it to residential. They want to build their personal residency on the lot. A record of the survey was passed out to the land use members. The total acreage is 1.4 acres, with one being 1.7 acres and other 1.6 acres. They will build on parcel 1. The meeting was opened for public comment for or against the proposal. Daniel Barclay, 4785 Lodgepole, Island Park, Idaho he owns the property to the north of these lots. He wondered if it will affect his property as far as taxes going up. Charles Zimmerly, 4879 Johannsen, will the house front Johannsen and will they hook up to the sewer. They would welcome homes on that property. He had no objections. The public hearing was closed. Mr. Elzner, they are not planning to resubdivide. They will build one residency on each lot. Discussion by the commission: 1. The area doesn't fit agricultural usage Mary Harker moved to recommend to the city council that the petition by Bob Elzner, John Cotant and Renae Worthem, P.O. Box 5310, Chubbuck, ID be approved for a chance of land use from Agricultural (A) to Single Family Residential (R-1). Property located at 4871 Johannsen Place west of Land Use and Development Commission May 6, 2003 Page 3 a� t9 V y Monika Court and that it does fit into our plan. Michelle Miller seconded. Roll Call vote: Michelle Miller, yes; Michelle Christy, yes; Ray Rosen yes; Jason Mendenhall, yes; Mary Mendenhall, yes; Deloy Stuart, yes; Lee Merrill, yes; Pete Anderson, yes. 4. An application by Becker Management 1921 N. Harrison, Pocatello, ID 83201, for a Preliminary Plat for Kasiska Subdivision, 3`d and 4`h addition. Property is located at the end of Redman and Alpine. Mitchell Greer, 155 S. 2"d, Rocky Mountain Engineer, They are continuing on with the development of 20 lots. They changed some of the grading for the sewer. A few homes will have individual pumps for the sewer. The meeting was opened to public comment for or against. There was none. Commission discussed: 1. Sewer with individual lift stations. Mitchell Greer, currently several houses already have pumps. Lee Merrill recommend to the City Council acceptance of the application by Becker Management, 921 N. Harrison, Pocatello, Id 83201 for a Preliminary Plat for Kasiska Subdivision, 3`d and 4th addition. Property is located at the end of Redman and Alpine Mary Harker seconded. Roll call vote: Michelle Miller, yes; Michelle Christy, yes; Ray Rosen, yes; Jason Mendenhall, yes; Mary Harker, yes; Deloy Stuart, yes; Lee Merrill, yes; Pete Anderson, yes. GENERAL BUSINESS: l.Chubbuck Development Authority Boundary change review and recommendation to City Council We are changing the boundaries of the Chubbuck Development Authority. State code requires that the Land Use Corihmission give comments and recommendations to the City Council. The boundary will be moved north and east. We are adding Pheasant Ridge, the property that was owned by Hancocks and the Hart land. The changes won't give us any more funding. We can only spend the money within in the area and since Hiline Road will be widened in 2005 or 2006 we will need the money for that project. Ray Rosen moved to recommend that we approve the new boundaries to the city council, Jason Mendenhall seconded. All voted in favor. The commission discussed Pheasant Ridge development on Hiline Road and the problem with the traffic and access. The site triangle needs to be check out by city staff. Jason Mendenhall moved to adjourn at 7: 30 pm, Deloy Stuart seconded. Pete Anderson, Chairman Myrna Crapo, Secretary EXHIBIT "E" Notice of Hearing ( Attached ) ORDINANCE - PAGE -10- chubbuck08.26a M 219105x5 SUMMARY OF ORDINANCE NO. T7 6 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending the Urban Renewal Plan for the Chubbuck Urban Renewal Area by changing the boundaries to those set forth on Attachment A; providing that while the boundaries are changed, the properties within the area that are on the base assessment roles for purposes of the revenue allocation financing shall not be changed unless and until an agreement is reached with the Bannock County Commissioners to change the agreement entered into among the City of Chubbuck, the Chubbuck Development Authority and Bannock County dated October 27, 1998; authorizing the city clerk to transmit a copy of this ordinance and other required information to county, state and other officials; providing for a limitation on actions against the plan after 30 days from the effective date of the ordinance; providing for a waiver of the reading rules; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. -5- 7 ` and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 2-,( day of August, 2003. SUMMARY OF ORDINANCE NO. - Page 1 chubbuck08.26c EXHIBIT "F" Notices Sent to Taxing Districts and the County ( Attached ) ORDINANCE - PAGE A I - chubbuck08.26a 2.910585 ORDINANCE - PAGE -12- chubbuck08.26a ..01 EXHIBIT "G" Amendment to Urban Renewal Plan Urban Renewal Project ( Attached ) 21.910585