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10 08 2019
City of Chubbuck Land Use and Development Commission Regular Meeting October 8, 2019 7:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 AGENDA I. CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES for September 10, 2019 (action item) IV. PUBLIC HEARING 1. An application for a Change in Land Use District from Agriculture (A) to Dense Residential (R-4) on approximately 2.97 acres of land. Subject property is in the NW ¼ of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the northeast corner of Philbin Road and Sawtooth Street, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of Action: Recommendation. (Action Item) V. GENERAL BUSINESS 1. An application for a preliminary plat for Bilyeu Estates Divisions 6 cont aining 13 residential lots. Subject property is located in the Southwest ¼ of the Southwest ¼ of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, Bannock County ID. Generally located West of Hyrum Street North of W Chubbuck Rd. Type of Action: Recommendation. (Action Item) 2. An application for a preliminary plat for Reflection Ridge at Harvest Springs Phase 1 containing 49 lots (47 single family residential, 1 common lot, and 1 open space lot). Subject Property is located in the NW ¼ of Section 35, Township 5 South, Range 34 East, of the Boise Meridian, Idaho. Generally located on the east side of Hiline Road and approximately 1,500 feet south of Tyhee Road. Type of Action: Recommendation. (Action Item) VI. ADJOURN City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing special accommodations to participate in the meeting should contact the City offices at 208.237.2430 at least 24 hours prior to the meeting. City of Chubbuck Land Use and Development Commission Minutes September 10, 2019 7:00 PM City Hall Council Chambers, 5160 Yellowstone Avenue, Chubbuck, ID 83202 Board Members Present: Vice-Chair Dan Stoddard, Rebecca Berls, TJ Budge, Brady Smith, and Brandon Jackson. Staff Members Present: City Planner Paul Andrus, Planning and Development Director Devin Hillam, and City Clerk Joey Bowers CALL TO ORDER: Vice-Chairman Dan Stoddard I. PLEDGE OF ALLEGIANCE Tyler Broadhead From Scout Troop 343 Stoddard asked if any commissioners had a conflict of interest within the items before the board tonight. Dan Stoddard stated that he worked for a competing company but didn’t feel like there was a conflict of interest. II. APPROVAL OF MINUTES for August 6, 2019 an d August 13, 2019 Stoddard entertained a motion to approve the minutes as emailed. Rebecca Berls had a correction to the August 13, 2019 minutes. TJ Budge motioned to approve the minutes of August 6, 2019 and August 13, 2019 with the correction request from Rebecca Berls; Rebecca Berls seconded. The full authority approved, motion passed. PUBLIC HEARING 1. An application for a zone change to C -2 General Commercial for the western portion of the property that is currently zoned R -2 Limited Residential; the total property consists of approximately 2.38 acres. Subject property includes is generally located on the northwest corner of Mingo and Yellowstone at 122 Mingo Lane. Type of Act ion: Recommendation to City Council. (Action Item) Tom T aylor from Keller Associates represented the applicant. Mr. Taylor stated that most of this property is already zoned commercial. The applicant is requesting a zone change on the south west corner from residential to commercial to match the rest of the property . TJ Budge asked about Mingo Lane. Mr. Taylor stated that the applicant will be dedicating their portion of Mingo Lane to the City. City Planner Paul Andrus stated that City Staff had reviewed the application and believed it meets City standards and complies with the comprehensive plan. Vice-Chairman Dan Stoddard declared the public hearing open for public comment. Bob Anderson 5646 Sorrel Dr., in favor. Mr. Anderson was in favor of the zone change. Due to no more comment Vice-Chairman Dan Stoddard closed the public hearing. Stoddard entertained a motion. Brandon Jackson motioned that this board recommend that the City Council approve the rezone of approximately 2.38 acres from Limited Residential (R-2) to Commercial (C-2), as set forth in the application. Seconded by Brady Smith. Roll Call Vote: Berls-yes, Jackson-yes, Smith-yes, Stoddard-yes, Budge-yes, motion passed. III. GENERAL BUSINESS 1. An application for a Preliminary plat for M&K Subdivision to combine several unplatted parce ls into one commercial lot consisting of approximately 2.38 acres. Subject property includes is generally located on the northwest corner of Mingo and Yellowstone at 122 Mingo Lane. Type of Action: Recommendation to City Council. (Action Item) Tom T a ylor from Keller Associates represented the applicant. Mr. Taylo r stated that this application will be combi ning four lots into one subdivision. Mr. Taylor also stated that the applicant will be providing a 20ft easement around the current utilities, and a 10ft public utility easement around the exterior of the subdivision. The applicant will also be dedicating the ground for Fern Street, and Mingo Lane to the City. City Planner Paul Andrus stated that City Staff had reviewed the application and believed it meets City standards and complies with the comprehensive plan. Mr. Andrus stated that City Staff recommends approval conditional upon a plan to be submitted for the north east corner water rights, and stamped construction plans with corrected certificates be submitted to City Staff with the final plat. Dan Stoddard asked about using the water rights for secondary irrigation. Mr. Andrus stated that it’s difficult for these developments to get enough water and to manage the window for those rights to make that work. TJ Budge asked about Fern Street. Mr. Andrus stated that the applicant will continue to use and maintain the dedicated property on Fern Street, until the City deems it for public use. Stoddard entertained a motion. Brady Smith motioned that this board recommend that the City Council approve the preliminary plat for M&K Subdivision to combine several unplatted parcels into one commercia l lot, with recommendations from City Staff. Seconded by Rebecca Berls. Roll Call Vote: Smith-yes, Jackson-yes, Berls-yes, Budge-yes, Stoddard-yes, motion passed. Stoddard entertained a motion to adjourn. TJ Budge motioned to adjourn. Seconded by Brady Smith. The full authority approved, motion passed. IV. ADJOURN Vice-Chair Dan Stoddard adjourned at 7:32 Public Works Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us SPRING CREEK HOMES APPLICATION FOR A ZONE CHANGE - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON OCTOBER 8, 2019 SUMMARY DESCRIPTION: Agenda Summary/the applicant requests a Change in Land Use District for 2.97 acres from the Agriculture (A) zone to the Dense Residential (R-4) zone (see Exhibits 1 and 2). STAFF FINDINGS: After review the application, Staff finds that it likely meets the requirements for the Change in Land Use District. The Comprehensive Plan Future Land Use map designates this area for Mixed Use development, which is supported by the R-1, R-2, R-3, R-4, and C-1 zoning districts. Surrounding properties are mostly vacant or farmed. A single family home lies across Philbin Road, and the University Bible Church, north of the property, has not fully developed its site. FACTS BACKGROUND: This property was annexed into the City of Chubbuck in 2006, but remains in an agricultural use and zoning. Future development on the site would be required to build part of Sawtooth Street across the property, from Philbin Road to the east property line, and extend water and sewer mains from Philbin Road to the east property line. In previous hearings regarding development in the vicinity, residents of The Grove subdivision have testified that the intersection of Sawtooth (collector) and Philbin (arterial) is problematic at certain times of the day. Previously, traffic engineering manuals indicated that additional intersection controls beyond a stop sign on Sawtooth were not justified based on traffic volumes and patterns and national best practices. As the eastern leg of the Sawtooth-Philbin intersection is built and the land develops nearby, City staff is reevaluating traffic volumes and patterns to determine whether additional controls may be necessary at some point in the future. TYPE OF COMMISSION ACTION: 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. OWNER: Margaret McNabb Family LP 14053 W. Tyhee Road Pocatello, ID 83202 APPLICANT: Spring Creek Homes, Nick Jensen 4604 Burley Drive Chubbuck, ID 83202 PROFESSIONAL SERVICES: Dioptra 4880 Clover Dell Chubbuck, ID 83202 PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us LOCATION: The site is in the NW ¼ of Section 9, Township 6 South, Range 34 East, of the Boise Meridian, Idaho. Generally located at the northeast corner of Philbin Road and Sawtooth Street, Chubbuck, ID. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Agriculture (A) PROJECT SIZE: ±2.97 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2016: Philbin Rd at Deckyr Dr, 4,269/day 2018: Philbin Rd at Deckyr Dr, 5,005/day 2016: Philbin Rd at Yuma St, 4,184/day 2018: Philbin Rd at Yuma St, 5,509/day SURROUNDING LAND USES AND ZONING NORTH: University Bible Church; Limited Commercial (C-1) zone EAST: Farm (Pocatello/Chubbuck School District, owner); Single Family Residential (R-1) zone SOUTH: Farm (First Baptist Church, owner); Bannock County Agricultural (AG) zone WEST: Single Family Residential (The Grove subdivision) and Vacant; Single Family Residential (R-1) zone SERVICES: ACCESS STREET: The parcel borders on Philbin Road, but access will be from Sawtooth Street, to be built with future development on the site (both are City streets); the intersection of Philbin Road (arterial) and Sawtooth Street (collector) may warrant traffic control in the future. FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck; note that the property is located within the Water to Sunset West – West Chubbuck Road fee area which has a cost per acre of $526.00, with said cost being beyond those of typical connection fees. PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2018-011, a complete petition and fees for a Change of Land Use District were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the October 8, 2019 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.020, notice of the public hearing was provided as follows: a. Publication in the Idaho State Journal at least 15 days prior to the hearing; b. Notice posted at the exterior of the property c. Mailing to those within a 300 ft. radius of the property and to political subdivisions d. Notices posted prominently at the City office at least 10 days prior to the hearing. 4. The hearing will be conducted in accordance with procedures established by City Code 18.28.020. PUBLIC COMMENTS: 1. Written comments were received as of the date of this report voicing concerns against the proposal; see Exhibit 6. APPLICABLE LAWS AND PLANS: 1. Idaho Code: §67-65 Local Land Use Planning 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code: Title 18, Land Use PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us STANDARDS FOR REVIEWING A CHANGE IN ZONING 18.28.050: CONSISTENCY WITH COMPREHENSIVE PLAN: No variance shall be granted, nor any conditional use permit issued, nor any revision to this title adopted, unless such action is consistent with the city's comprehensive plan. The Comprehensive Plan Future Land Use map designates this area as Mixed Use, which is supported by the R-1, R-2, R-3, R-4, and C-1 zoning districts. Goals, objectives and policies from the Plan help guide development of areas designated for Mixed Use and for R-4 zoning, and are relevant to this application. COMPREHENSIVE PLAN POLICY REVIEW: Staff has identified the following goals, objectives, and policies as potentially applying to this application; 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. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project site is within City limits and the USB, but it does include a small amount of active farmland. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The project site is adjacent to existing facilities along Philbin Road. POLICY d. Use impact fee reductions, fee waivers, tax credit strategies, etc. to encourage infill and redevelopment COMMENT The project is located within the 2008 City boundary and eligible for lower sewer connection fees. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low-intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The R-4 zone supports the Mixed Use designation in the Comprehensive Plan. Higher intensity land uses are optimal along arterial streets like Philbin Road. POLICY b. Use a combination of zoning, performance requirements, site planning, 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 COMMENT The site is within walking distance of existing and future trails, churches and schools, and the width of Philbin Road helps reduce conflict between single-family and high density residential; sidewalk connections on Philbin Road and future extensions of Sawtooth Street will add safe pedestrian and bicycle connections. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The R-4 density supports transit service, and the site is located on the Pocatello Regional Transit C and F routes (although currently there are no stops on Philbin Road for Route C). The intersection of Philbin Road (arterial) and Sawtooth Street (collector) may warrant traffic control in the future. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site is within the USB. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY a. Capital improvement plans shall ensure that adequate public facilities are available to serve planned development within identified infill and redeveloped areas COMMENT The site is within the City limits and water and sewer systems anticipated development at the site. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDING AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT R-4 zone allows for compact development and can reduce the cost of providing services. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY d. Provide a mix of land uses, a more-connected street network, and alternative modes of transportation, including buses and shuttles COMMENT The site is within walking distance of existing and future trails, churches and schools; sidewalks on Philbin and future extensions of Sawtooth will add safe pedestrian and bicycle connections. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT R-4 zoning at the site would bring a relatively small amount of multi-family housing to this part of Chubbuck, which is currently dominated by single family homes. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT The higher densities of R-4 zoning can enable housing that is more affordable than single family detached or zero-lot line homes. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us OTHER AGENCY COMMENTS AGENCY COMMENT BANNOCK TRANSPORTATION PLANNING ORGANIZATION Vehicular access to the site should follow Access Management Guidelines and be from Sawtooth Street. Pedestrian and bicycle facilities should include access to Sawtooth and Philbin, and to neighboring properties at agreed upon locations. BUREAU OF INDIAN AFFAIRS No issues/no comment received. CABLE ONE No issues/no comment received. CENTURY LINK No issues/no comment received. DIRECT COMMUNICATIONS No issues/no comment received. IDAHO FISH AND GAME No substantial concerns regarding impacts to fisheries or wildlife populations. IDAHO TRANSPORTATION No issues/no comment received. IDAHO POWER No issues/no comment received. INTERMOUNTAIN GAS No issues/no comment received. SCHOOL DISTRICT 25 No issues/no comment received. SE IDAHO PUBLIC HEALTH No issues/no comment received. US POSTAL SERVICE No issues/no comment received. EXAMPLE MOTIONS APPROVAL (WITH CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Zone Change request are satisfied, I move to recommend approval of the Zone Change as described in the application materials with the following conditions: 1. ……………. (if found necessary by LUDC). APPROVAL (WITHOUT CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Zone Change request are satisfied, I move to recommend approval of the Zone Change as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code, and having found that those criteria for approving a Zone Change request are not satisfied, I move to recommend denial of the Zone Change request as described in the application materials. I find that the petition fails to comply with… [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET] PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us REPORT: Don Matson, Senior Planner dmatson@cityofchubbuck.us (208) 237-2430 Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. DATE: October 1, 2019 EXHIBITS 1. Reference Map 2. Application for Zone Change 3. Comprehensive Plan Future Land Use Map ange 4. Current Zoning Map 5. Evidence of Notice a. Site Posting b. Mailing List c. Copies of notices on file w/staff 6. Written Comments PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us EXHIBIT 1 Reference Map Spring Creek Homes, Nick Jensen Spring Creek Homes Exhibit 2 Spring Creek Homes Exhibit 2 Spring Creek Homes Exhibit 2 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORS®, Inc. All rights reserved. JULY 2019 EDITION Page of 7RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT )() Date)() Date SELLER'S Initials (BUYER'S Initials ( JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Page of 7 ID#: Serial#: Prepared by: 071079-200156-5706705 Brandon Des Fosses | HomeSmart Premier Realty | brandondesfosses@yahoo.com | 2085211868 ID# _______________________________ LISTING AGENCY __________________________________________________ Office Phone # ____________________ Fax # _____________________ Listing Agent ________________________________________ E-Mail _______________________________________ Phone # __________________ SELLING AGENCY __________________________________________________ Office Phone # ____________________ Fax # _____________________ Selling Agent ________________________________________ E-Mail _______________________________________ Phone # __________________ 1. BUYER: ____________________________________________________________________________________________________________________ (Hereinafter called “BUYER”) agrees to purchase, and the undersigned SELLER agrees to sell the following described real estate hereinafter referred to as “PROPERTY” COMMONLY KNOWN AS _________________________________________________________________________________________ ________________________________________ City ___________________________________ County, ID, Zip _______________ legally described as: ______________________________________________________________________________________________________________________________ OR Legal Description Attached as exhibit _________________________________ (Exhibit must accompany original offer and be signed or initialed by BUYER and SELLER.) 2. $____________________ PURCHASE PRICE: ____________________________________________________________________________________, payable upon the following TERMS AND CONDITIONS (not including closing costs): This offer is contingent upon the sale, refinance, and/or closing of any other property __ Yes __ No (N/A if left blank) 3. FINANCIAL TERMS: Note: A+D+E+F must add up to total purchase price. (A). $__________________ EARNEST MONEY: _____________________________________________________________________________________ BUYER hereby offers the above stated amount as Earnest Money which shall be credited to BUYER upon closing. Earnest Money is/will be: THE RESPONSIBLE BROKER SHALL BE: ___________________________________ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Evidenced by: __ Cash __ Personal Check __ Cashier's Check __ Wire Transfer __ Note __ See Section 4 Held By: __ Responsible Broker __ Closing Company __ See Section 4 Delivered: __ With Offer __ Within _____ business days (three [3] if left blank) of acceptance. __ See Section 4 Deposited: __ Upon Receipt and Acceptance __ Upon Receipt Regardless of Acceptance __ See Section 4 1 Page of JULY 2019 EDITION 7 RE-24 VACANT LAND REAL ESTATE PURCHASE AND SALE AGREEMENT THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS.IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING. NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON EITHER PARTY. 1 (B). ALL CASH OFFER: __ NO __ YES If this is an all cash offer do not complete Sections 3D and 3E, fill blanks with N/A (Not Applicable). IF CASH OFFER BUYER’S OBLIGATION TO CLOSE SHALL NOT BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide SELLER within _______ business days (five [5] if left blank) from the date of acceptance of this agreement by all parties written confirmation of sufficient funds and/or proceeds necessary to close transaction. Acceptable documentation includes, but is not limited to a copy of a recent bank or financial statement. (C) Cash proceeds from another sale: __ Yes __ No (N/A if left blank) (D). $_____________________ NEW LOAN PROCEEDS: If a number greater than zero appears on the preceding blank then this agreement is contingent upon BUYER obtaining the following financing: FIRST LOAN of $_________________________________ not including mortgage insurance, through __ FHA, __ VA, __ CONVENTIONAL, __ IHFA, __ RURAL DEVELOPMENT, __ OTHER __________________ with interest not to exceed ___________% for a period of _____ year(s) at: __ Fixed Rate __ Other _______________________. In the event BUYER is unable, after exercising good faith efforts, to obtain the indicated financing, BUYER’s Earnest Money shall be returned to BUYER. SECOND LOAN of $_________________________________ through __ FHA, __ VA, __ CONVENTIONAL, __ IHFA, __ RURAL DEVELOPMENT, __ OTHER __________________ with interest not to exceed _____% for a period of _____ year(s) at: __ Fixed Rate __ Other ____________________ LOAN APPLICATION: BUYER __ has applied OR __ shall apply for such loan(s). Within _____ business days (ten [10] if left blank) of final acceptance of all parties, BUYER agrees to furnish SELLER with a written confirmation showing lender approval of credit report, income verification, debt ratios, and evidence of sufficient funds and/or proceeds necessary to close transaction in a manner acceptable to the SELLER(S) and subject only to satisfactory appraisal and final lender underwriting. If an appraisal is required by lender, the PROPERTY must appraise at not less than purchase price or BUYER'S Earnest Money shall be returned at BUYER'S request unless SELLER, at SELLER’S sole discretion, agrees to reduce the purchase price to meet the appraised value, in which case SELLER shall be entitled to a copy of the appraisal and shall have 24 hours from receipt thereof to notify BUYER of any price reduction. BUYER may also apply for a loan with different conditions and costs and close transaction provided all other terms and conditions of this Agreement are fulfilled, and the new loan does not increase the costs or requirements to the SELLER. FHA / VA: If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be obligated to complete the purchase of the PROPERTY described herein or to incur any penalty or forfeiture of Earnest Money deposits or otherwise unless BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans Administration or a Direct Endorsement lender setting forth the appraised value of the PROPERTY of not less than the sales price as stated in the contract. If such written confirmation required in 3(B) or 3(D) is not received by SELLER(S) within the strict time allotted, SELLER(S) may at their option cancel this agreement by notifying BUYER(S) in writing of such cancellation within ________ business days (three [3] if left blank) after written confirmation was required. If SELLER does not cancel within the strict time period specified as set forth herein, SELLER shall be deemed to have accepted such written DATE _______________________________ ✖✖✖ ✖ ✖ ✖ ✖ S9-T6S-R34E TR W2NW4 TAX 147 2.70 AC Homesmart Premier Realty Chris Schnitzler pocatellorealestate@gmail.com Homesmart Premier Realty Brandondesfosses@yahoo.comBrandon Desfosses Brandon Desfosses and Nick Jensen TBD Philbin Rd Chubbuck 83202 One Hundred Fifty-five Thousand Dollars And Zero Cents 5 Elias Trejo 10 Desfosses/Jensen August 12, 2019 Five Hundred Dollars And Zero Cents 15709231 test tbd460189548IDtrue00 Brandon Des Fosses | 071079-200156-57067 500 155000 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] GM 08/13/2019 1:37 PM MDT Electronically Signed using eSignOnline™ [ Session ID : 5cdba642-4322-48a5-91ab-139e3ac70f0b ] Spring Creek Homes Exhibit 2 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORS®, Inc. All rights reserved. JULY 2019 EDITION Page of 7RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT )() Date)() Date SELLER'S Initials (BUYER'S Initials ( JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Page of 7 ID#: Serial#: Prepared by: 071079-200156-5706705 Brandon Des Fosses | HomeSmart Premier Realty | brandondesfosses@yahoo.com | 2085211868 4. OTHER TERMS AND/OR CONDITIONS: This Agreement is made subject to the following special terms, considerations and/or contingencies which must be satisfied prior to closing ___________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ 5. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the PROPERTY are INCLUDED IN THE PURCHASE PRICE (unless excluded below) and shall be transferred free of liens and in as-is condition. Unless specifically excluded below, the fixtures and fittings and irrigation fixtures and equipment, that are now on or used in connection with the PROPERTY are included in the purchase price and shall include (1) all personal property owned by the SELLER and used primarily in connection with the PROPERTY, and (2) all rights and easements appurtenant to the PROPERTY. BUYER should satisfy himself/herself that the condition of the included items is acceptable. The terms stated in this section shall control over any oral statements, prior written communications and/or prior publications including but not limited to MLS listings and advertisements. Personal property described in a property disclosure report shall not be inferred as to be included unless specifically set forth herein. ITEMS SPECIFICALLY INCLUDED IN THIS SALE: ___________________________________________________________________________________ ______________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: __________________________________________________________________________________ ______________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________ 6. “NOT APPLICABLE” DEFINED: The letters “n/a,” “N/A,” “n.a.,” and “N.A.” as used herein are abbreviations of the term “not applicable.” Where this agreement uses the term “not applicable” or an abbreviation thereof, it shall be evidence that the parties have contemplated certain facts or conditions and have determined that such facts or conditions do not apply to the agreement or transaction herein. 7 . INSPECTION: (A). BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (B). BUYER chooses __ to conduct inspections; __ not to conduct inspections. If BUYER chooses not to conduct inspections skip the remainder of Section 6. If indicated, BUYER shall have the right to conduct inspections, investigations, tests, surveys and other studies at BUYER’S expense, hereafter referred to as the “Primary Inspection.” BUYER’S inspection of the PROPERTY includes all aspects of the PROPERTY, including but not limited to neighborhood, conditions, zoning and use allowances, environmental conditions, applicable school districts and/or any other aspect pertaining to the PROPERTY or related to the living environment at the PROPERTY. Unless otherwise addressed BUYER shall, within _______ calendar days (thirty [30] 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 2 2 confirmation of lender approval or waived the right to receive written confirmation and shall be deemed to have elected to proceed with the transaction. SELLER’S approval shall not be unreasonably withheld. (E). $________________________ ADDITIONAL FINANCIAL TERMS: __ Additional financial terms are specified under the heading “OTHER TERMS AND/OR CONDITIONS” (Section 4). __ Additional financial terms are contained in a FINANCING ADDENDUM of same date, attached hereto, signed by both parties. (F). $________________________ APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid by BUYER at closing, In GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. SIZE: Square footage and lot size. (Any numerical statements regarding these items are APPROXIMATION ONLY, and have not been and will not be verified and should not be relied upon by BUYER.) 1. 2. 3. 4. 5. 6. LINES AND BOUNDARIES: Property lines and boundaries, septic, and leach lines (Fences, walls, hedges, and other natural or constructed barriers or markers do not necessarily identify true property boundaries. Property lines may be verified by surveys.) ZONING AND LAND USE: Inquiries, investigations, studies or any other means concerning past, present or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of the PROPERTY, BUYER’s intended use of the PROPERTY, future development, zoning, building, size, governmental permits and inspections. Both parties are advised that Broker does not guarantee the status of permits, zoning or code compliance. The parties are to satisfy themselves concerning these issues. UTILITIES AND SERVICE: Availability, costs, and restrictions of utilities and services, including but not limited to, sewage, sanitation, water, electricity, gas, telephone, cable TV, internet and drainage. UTILITIES, IMPROVEMENTS & OTHER RIGHTS: SELLER represents that the PROPERTY does have the following utilities, improvements, services and other rights available (describe availability): ________________________________________________________________________________ _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ HAZARDOUS MATERIALS: The real estate broker(s) or their agents in this transaction have no expertise with respect to toxic waste, hazardous materials or undesirable substances. BUYERS who are concerned about the presence of such materials should have the PROPERTY inspected by qualified experts. BUYER acknowledges that he/she has not relied upon any representations by either the Broker or the SELLER with respect to the condition of the PROPERTY that are not contained in this Agreement or in any disclosure statements. TAX LIABILITY: The BUYER and SELLER acknowledge that they have not received or relied upon any statements or representations by the Broker with respect to the effect of this transaction upon BUYER’s or SELLER’s tax liability. ✖ Desfosses/JensenTBD Philbin Rd Sale of property subject to city of Chubbuck approval of rezoning in order to acquire financing approval. 154,500.00 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] GM 08/13/2019 1:37 PM MDT Electronically Signed using eSignOnline™ [ Session ID : 5cdba642-4322-48a5-91ab-139e3ac70f0b ] Spring Creek Homes Exhibit 2 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORS®, Inc. All rights reserved. JULY 2019 EDITION Page of 7RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT )() Date)() Date SELLER'S Initials (BUYER'S Initials ( JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Page of 7 ID#: Serial#: Prepared by: 071079-200156-5706705 Brandon Des Fosses | HomeSmart Premier Realty | brandondesfosses@yahoo.com | 2085211868 (C) SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: 8. SELLER DISCLOSURES. Within _______ business days (two [2] if left blank) from acceptance SELLER shall disclose, and provide copies if available, to BUYER the following: 9. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by SELLER may be paid out of purchase money at date of closing. No liens, encumbrances or defects, which are to be discharged or assumed by BUYER or to which title is taken subject to, exist unless otherwise specified in this Agreement. 10. TITLE INSURANCE: There may be types of title insurance coverages available other than those listed below and parties to this agreement are advised to talk to a title company about any other coverages available that will give the buyer additional coverage. 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 3 3 if left blank) from acceptance, complete these inspections and give to SELLER written notice of disapproved items/conditions or written notice of termination of this Agreement based on an unsatisfactory inspection. Once BUYER delivers written notice to SELLER it shall end BUYER’s timeframe and is irrevocable regardless of if it was provided prior to the deadline stated above. BUYER is strongly advised to exercise these rights and to make BUYER'S own selection of professionals with appropriate qualifications to conduct inspections of the entire PROPERTY. SELLER shall make the PROPERTY available for all Inspections. BUYER shall keep the PROPERTY free and clear of liens; indemnify and hold SELLER harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the inspections. No inspections may be made by any governmental building or zoning inspector or government employee without the prior consent of SELLER unless required by local law. No inspections may be made by any governmental building or zoning inspector or government employee without the prior consent of SELLER, unless required by local law. BUYER'S acceptance of the condition of the PROPERTY is a contingency of this Agreement. 1. If BUYER does not within the strict time period specified give to SELLER written notice of disapproved items/conditions or written notice of termination of this Agreement, BUYER shall conclusively be deemed to have: (a) completed all inspections, investigations, review of applicable documents and disclosures; (b) elected to proceed with the transaction and (c) assumed all liability, responsibility and expense for repairs or corrections. 2. If BUYER does within the strict time period specified give to SELLER written notice of termination of this Agreement based on an unsatisfactory inspection, the parties will have no obligation to continue with the transaction and the Earnest Money shall be returned to BUYER. 3. If BUYER does within the strict time period specified give to SELLER written notice of disapproved items, it shall end BUYER’s timeframe for inspections and is irrevocable. BUYER shall provide to SELLER pertinent section(s) of written inspection reports upon request, if applicable. Upon receipt of written notice SELLER shall have __________ business days (three [3] if left blank) in which to respond in writing. SELLER, at SELLER’s option, may agree to correct the items as requested by BUYER in the notice or may elect not to do so. If SELLER agrees in writing to correct items/conditions requested by BUYER, then both parties agree that they will continue with the transaction and proceed to closing. Otherwise, immediately upon a written response from SELLER that rejects BUYER’s requests, in whole or in part, said response is irrevocable without consent of BUYER and BUYER may proceed under 6(C)(4) below. 4. If SELLER does not agree to correct BUYER’S disapproved items/conditions within the strict time period specified, or SELLER does not respond in writing within the strict time period specified above, then within ________ business days (three [3] if left blank) the BUYER has the option of 1) negotiating with SELLER to obtain a modification of SELLER’S response 2) proceeding with the transaction without the SELLER being responsible for correcting the disapproved items/conditions stated in that particular BUYER’S notice, or 3) giving the SELLER written notice of termination of this agreement in which case Earnest Money shall be returned to BUYER. If within the strict time period specified in this paragraph BUYER does not obtain a modification of SELLER’S response or give written notice of cancellation, BUYER shall conclusively be deemed to have elected to proceed with the transaction without the repairs or corrections to the disapproved items/conditions stated in that particular BUYER’S notice. (a) any studies and/or reports that have previously been performed in connection with or for the PROPERTY, including without limitation, environmental reports, soil studies, seismic studies, site plans and surveys; (b) any notices relating to a violation of applicable law including, without limitation, environmental law and laws relating to land use, zoning or compliance with building codes; (c) SELLER shall make available for inspection all documents in SELLER’s possession relating to ownership, operation, renovation or development of the PROPERTY including: statements for real estate tax assessments and utilities for the last year; property management agreements; leases or other occupancy agreements; maintenance records, accounting records and audit records for the past year; and installment purchase contracts or leases of personal property used in connection with the PROPERTY; and (d) all other documents described in any Addenda or Counteroffer to this Agreement. (A). PRELIMINARY TITLE COMMITMENT AND CC&Rs: Within _____ business days (six [6] if left blank) of final acceptance of all parties, __ SELLER or __ BUYER shall furnish to BUYER a preliminary commitment of a title insurance policy showing the condition of the title to said PROPERTY and a copy of any covenants, conditions and restrictions (CC&Rs) applicable to the PROPERTY. BUYER shall have ___ business days (two [2] if left blank) after receipt of the preliminary commitment and CC&Rs, within which to object in writing to the condition of the title or CC&Rs as set forth in the documentation provided. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title and CC&Rs. If the title of said PROPERTY is not marketable, and cannot be made so within _______ business days (two [2] if left blank) after SELLER’S receipt of a written objection and statement of defect from BUYER, or if BUYER objects to the CC&Rs, then BUYER’S Earnest Money deposit shall be returned to BUYER and SELLER shall pay for the cost of title insurance cancellation fee, escrow and legal fees, if any. Nothing contained herein shall constitute a waiver of BUYER to challenge CC&R terms directly with a homeowner’s association after closing. (B). TITLE COMPANY: The parties agree that ________________________________________________________________ Title Company located at ______________________________________________________________ shall provide the title policy and preliminary report of commitment. Desfosses/JensenTBD Philbin Rd ✖ Amerititle 1523 Yellowstone Ave 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] GM 08/13/2019 1:37 PM MDT Electronically Signed using eSignOnline™ [ Session ID : 5cdba642-4322-48a5-91ab-139e3ac70f0b ] Spring Creek Homes Exhibit 2 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORS®, Inc. All rights reserved. JULY 2019 EDITION Page of 7RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT )() Date)() Date SELLER'S Initials (BUYER'S Initials ( JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Page of 7 ID#: Serial#: Prepared by: 071079-200156-5706705 Brandon Des Fosses | HomeSmart Premier Realty | brandondesfosses@yahoo.com | 2085211868 11. SUBDIVISION HOMEOWNER’S ASSOCIATION: BUYER is aware that membership in a Home Owner’s Association may be required and BUYER agrees to abide by the Articles of Incorporation, Bylaws and rules and regulations of the Association. BUYER is further aware that the PROPERTY may be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Restrictions. BUYER has reviewed Homeowner’s Association Documents: __ Yes __ No __ N/A. Association fees/dues are $_______________ per _______________. __ BUYER __ SELLER __ Shared Equally __ N/A to pay Association SET UP FEE of $_______________ at closing. __ BUYER __ SELLER __ Shared Equally __ N/A to pay Association PROPERTY TRANSFER FEES of $_______________ at closing. __ BUYER __ SELLER __ Shared Equally __ N/A to pay Association STATEMENT OF ACCOUNT FEE of $_______________ at closing. Association Fees are governed by Idaho Code 55-116 and 55-1507. 12. INTERSTATE LAND SALES FULL DISCLOSURE ACT: This Vacant Land Real Estate Purchase and Sale Agreement is NOT intended to be used for situations in which Seller owns and is selling one hundred (100) or more lots. Properties containing one hundred (100) or more lots for sale may be subject to the reporting and disclosure requirements of the Interstate Land Sales Full Disclosure Act (“Act”), 15 USC § 1701 et seq. If you have questions regarding this Act, contact your attorney before signing. Any contract or agreement for the sale or lease of a lot subject to the Act may be revoked at the option of the purchaser or lessee until midnight of the seventh day following the signing of such contract or agreement or until such later time as may be required pursuant to applicable law. Any contract or agreement for the sale or lease of a lot for which a property report is required by the Act and the property report has not been given to the purchaser or lessee in advance of his or her signing such contract or agreement, such contract or agreement may be revoked at the option of the purchaser or lessee within two (2) years from the date of such signing. 13. FARM/CROPS/TIMBER RIGHTS: SELLER, or any tenant of SELLER, shall be allowed to harvest, sell or assign any annual crops which have been planted on the PROPERTY prior to the date of this Contract, even though said harvest time may occur subsequent to the date of the settlement of this contract, unless otherwise agreed by attached addendum. If the crop consists of timber, then neither SELLER nor any tenant of SELLERS shall have any right to harvest the timber unless the right to remove same shall be established by an attached addendum. Notwithstanding the provisions hereof, any tenant who shall be leasing the PROPERTY shall be allowed to complete the harvest of any annual crops that have been planted prior to the date of Contract Acceptance as previously agreed between SELLER and Tenant. ANY AND ALL SUCH TENANT AGREEMENTS ARE TO BE ATTACHED. 14. NOXIOUS WEEDS: BUYER of the PROPERTY in the State of Idaho should be aware that some properties contain noxious weeds. The laws of the State of Idaho require owners of property within this state to control, and to the extent possible, eradicate noxious weeds. For more information concerning noxious weeds and your obligations as an owner of property, contact your local county extension office. 15. MINERAL RIGHTS: Any and all mineral rights appurtenant to the PROPERTY, and owned by SELLER, are included in and are part of the sale of this PROPERTY, and are not leased or encumbered, unless otherwise agreed to by the parties in writing. 16. WATER RIGHTS: Any and all water rights including but not limited to water systems, wells, springs, lakes, streams, ponds, rivers, ditches, ditch rights, and the like, if any, appurtenant to the PROPERTY, and owned by SELLER, are included in and are a part of the sale of this PROPERTY, and are not leased or encumbered, unless otherwise agreed to by the parties in writing. 17. RISK OF LOSS OR NEGLECT: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the PROPERTY be materially damaged by fire, neglect, or other destructive cause prior to closing, this agreement shall be voidable at the option of the BUYER. 18. BUSINESS DAYS: A business day is herein defined as Monday through Friday, 8:00 A.M. to 5:00 P.M. in the local time zone where the subject real PROPERTY is physically located. A business day shall not include any Saturday or Sunday, nor shall a business day include any legal holiday recognized by the state of Idaho as found in Idaho Code §73-108. If the time in which any act required under this agreement is to be performed is based upon a business day calculation, then it shall be computed by excluding the calendar day of execution and including the last business day. The first business day shall be the first business day after the date of execution. If the last day is a legal holiday, then the time for performance shall be the next subsequent business day. 19. CALENDAR DAYS: A calendar day is herein defined as Monday through Sunday, midnight to midnight, in the local time zone where the subject real PROPERTY is physically located. A calendar day shall include any legal holiday. The time in which any act required under this agreement is to be performed shall be computed by excluding the date of execution and including the last day, thus the first day shall be the day after the date of execution. Any reference to “day” or “days” in this agreement means the same as calendar day, unless specifically enumerated as a “business day.” 20. SEVERABILITY: In the case that any one or more of the provisions contained in this Agreement or any application thereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality or unenforceability of the remaining provisions shall not in any way be affected or impaired thereby. 21. TRANSMISSION OF DOCUMENTS: Facsimile or electronic transmission of any signed original document, and retransmission of any signed facsimile or electronic transmission shall be the same as delivery of an original. At the request of either the BUYER or SELLER, or the LENDER, or the Closing company, the BUYER and SELLER will confirm facsimile or electronic transmitted signatures by signing an original document. 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 (C). STANDARD COVERAGE OWNER’S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance policy in the amount of the purchase price of the PROPERTY showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this Agreement to be discharged or assumed by BUYER unless otherwise provided herein. The risk assumed by the title company in the standard coverage policy is limited to matters of public record. BUYER shall receive a ILTA/ALTA Owner’s Policy of Title Insurance. A title company, at BUYER’s request, can provide information about the availability, desirability, coverage and cost of various title insurance coverages and endorsements. If BUYER desires title coverage other than that required by this paragraph, BUYER shall instruct Closing company in writing and pay any increase in cost unless otherwise provided herein. (D). EXTENDED COVERAGE LENDER’S POLICY (Mortgagee policy): The lender may require that BUYER (Borrower) furnish an Extended Coverage Lender’s Policy. This extended coverage lender’s policy considers matters of public record and additionally insures against certain matters not shown in the public record. This extended coverage lender’s policy is solely for the benefit of the lender and only protects the lender. 4 4 ✖ ✖ ✖ ✖ Desfosses/JensenTBD Philbin Rd 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] GM 08/13/2019 1:37 PM MDT Electronically Signed using eSignOnline™ [ Session ID : 5cdba642-4322-48a5-91ab-139e3ac70f0b ] Spring Creek Homes Exhibit 2 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORS®, Inc. All rights reserved. JULY 2019 EDITION Page of 7RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT )() Date)() Date SELLER'S Initials (BUYER'S Initials ( JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Page of 7 ID#: Serial#: Prepared by: 071079-200156-5706705 Brandon Des Fosses | HomeSmart Premier Realty | brandondesfosses@yahoo.com | 2085211868 22. WIRE TRANSFER WARNING: Electronic means of transferring money (i.e. ETF, wire transfer, electronic check, direct deposit, etc…) are subject to sophisticated cyber fraud attacks. These attacks are even more prevalent in real estate transactions due to the large sums of money being exchanged. BUYER is advised that Brokerage will not provide electronic transfer instructions by e-mail. Following money transfer instructions contained in an email from any party is inherently dangerous and should be avoided. BUYER agree that if BUYER use, or authorize the use of, electronic transfer of funds in a transaction they hereby hold the Brokerages, their agents, and the designated title and escrow company harmless from any and all claims arising out of inaccurate transfer instructions, fraudulent interception of said funds and/or any other damage relating to the conduct of third parties influencing the transfer process or stealing funds. 23. COUNTERPARTS: This Agreement may be executed in counterparts. Executing an agreement in counterparts shall mean the signature of two identical copies of the same agreement. Each identical copy of an agreement signed in counterparts is deemed to be an original, and all identical copies shall together constitute one and the same instrument. 24. ENTIRE AGREEMENT: This Agreement including any addendums or exhibits, constitutes the entire Agreement between the parties respecting the matters set forth and supersedes all prior Agreements between the parties respecting such matters. This Agreement may be modified only by a written agreement signed by each of the parties. 25. SALES PRICE INFORMATION: Pursuant to Idaho Code §54-2083(6)(d), a “sold” price of real property is not confidential client information. 26. AUTHORITY OF SIGNATORY: If BUYER or SELLER is a corporation, partnership, trust, estate, or other entity, the person executing this agreement on its behalf warrants his or her authority to do so and to bind BUYER or SELLER. 27. ADDITIONAL CONTINGENCIES AND COSTS: The closing of this transaction is contingent upon written satisfaction or waiver of the contingencies listed in the “contingencies” column below. In addition, the parties shall satisfy all contingencies set forth in this section by close of business (Date): __________________ unless otherwise agreed to by the parties in writing. The parties agree to pay the following costs immediately when due and regardless of transaction closing, unless otherwise indicated. These costs shall be paid by the indicated party regardless of whether or not the transaction closes; if the transaction fails to close due to breach of a party, any costs paid by the non-breaching party may be recovered as damages. None of the costs to be paid by the parties in this section creates an inspection or performance obligation other than strictly for the payment of costs unless otherwise stated below. There may be other costs incurred in addition to those set forth below. Such costs may be required by the lender, by law, or by other such circumstances. Requested tests/inspection reports as indicated below shall be provided to the other party within ______ business days (ten [10] if left blank) prior to closing. 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 COSTS BUYER SELLER Shared Equally N /A CONTINGENCIES BUYER SELLER Shared Equally N/A Appraisal Fee Environmental Inspection (Phase 1) Long Term Escrow Fees Environmental Inspection (Phase 2) Closing Escrow Fee Environmental Inspection (Phase 3) Survey Shall be ordered by: PERC Test Flood Certification/Tracking Fee Zoning Variance Title Ins. Standard Coverage Owner’s Policy Soil(s) Test(s) Hazardous Waste Report(s)Title Ins. Extended Coverage Lender’s Policy – Mortgagee Policy Domestic Well Water Potability Test Shall be ordered by: Additional Title Coverage Domestic Well Water Productivity Test Shall be ordered by: Water Rights Transfer Fee Septic Inspections Shall be ordered by: Attorney Contract Preparation or ReviewFee Septic Pumping Shall be ordered by: Upon closing SELLER agrees to pay __ __________% of the purchase price OR __ $_______________ (dollar amount) (N/A if left blank) as a SELLER concession. This can be used toward lender-approved BUYER’S closing costs, lender fees, and prepaid costs which include but are not limited to those items in BUYER columns marked above. This concession can also be used for any other expense not related to financing at the BUYER’s discretion. 28. DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated damages or (2) pursuing any other lawful right or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER's Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER's Broker, provided that the amount to be paid to SELLER's Broker shall not exceed the Broker's agreed-to commission. SELLER and BUYER specifically 5 5 ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ ✖ BUYER SELLER SELLERBUYER SELLERBUYER SELLERBUYER SELLERBUYER Desfosses/JensenTBD Philbin Rd 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] GM 08/13/2019 1:37 PM MDT Electronically Signed using eSignOnline™ [ Session ID : 5cdba642-4322-48a5-91ab-139e3ac70f0b ] Spring Creek Homes Exhibit 2 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORS®, Inc. All rights reserved. JULY 2019 EDITION Page of 7RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT )() Date)() Date SELLER'S Initials (BUYER'S Initials ( JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Page of 7 ID#: Serial#: Prepared by: 071079-200156-5706705 Brandon Des Fosses | HomeSmart Premier Realty | brandondesfosses@yahoo.com | 2085211868 acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER's sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. However, in the event the parties mutually agree in writing that the Earnest Money shall become non- refundable, said agreement shall not be considered an election of remedies by SELLER and the non-refundable Earnest Money shall not constitute liquidated damages; nor shall it act as a waiver of other remedies, all of which shall be available to SELLER; it may however be used to offset SELLER’S damages. If SELLER elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by SELLER's Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, BUYER's Earnest Money deposit shall be returned to him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorney's fees, if any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled. 29. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination or breach of this Agreement, BUYER and SELLER agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing company, Broker may reasonably rely on the terms of this Agreement or other written documents signed by both parties to determine how to disburse the disputed money. However, Broker or closing company shall not be required to take any action but may await any proceeding, or at Broker's or closing company's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover all costs which were incurred as a result of the dispute including, but not limited to, reasonable attorney's fees. If either parties’ Broker incurs attorney’s fees as a result of any Earnest Money dispute, whether or not formal legal action is taken, said Broker is entitled to recover actual fees incurred from either BUYER or SELLER. 30. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are in any way connected with this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees, including such costs and fees on appeal. 31. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 32. CLOSING: On or before the closing date, BUYER and SELLER shall deposit with the closing company all funds and instruments necessary to complete this transaction. Closing means the date on which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER. The closing shall be no later than (Date) ______________________________________________________________. The parties agree that the CLOSING COMPANY for this transaction shall be ________________________________________________________________ located at ______________________________________________________. If a long-term escrow /collection is involved, then the long-term escrow holder shall be ______________________________________________________________________________________________________________________. 33. POSSESSION: BUYER shall be entitled to possession 34. PRORATIONS: Property taxes and water assessments (using the last available assessment as a basis), rents collected, interest and reserves, liens, encumbrances or obligations assumed, and utilities shall be prorated BUYER to reimburse SELLER for fuel in tank 35. SECTION 1031 TAX DEFERRED EXCHANGE: If applicable, each party shall cooperate with the other Party in effectuating an exchange under IRS Section 1031; provided however, that the other Party’s cooperation shall be conditioned on the following: (a) the exchange shall be at no additional liability and/or cost to the other Party; (b) the exchange shall not delay Settlement or Closing; and (c) the other Party shall not be required to acquire title to any proposed exchange properties to accommodate an exchange. The exchanging party shall indemnify, defend and hold the other Party harmless from and against all claims, demands, costs and expenses which that Party may sustain as a result of the actual or attempted 1031 exchange. 36. REPRESENTATION CONFIRMATION: Check one (1) box in Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S). 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 6 6 upon closing or date _________________ at __________ upon closing or as of date _________________. Yes No N/A. Dollar amount may be determined by SELLER’s supplier. pmam✖ ✖ ✖ ✖ ✖ ✖ ✖ Amerititle 1523 Yellowstone Ave 6:00Aug 13, 2019 October 1, 2019 Section 1: A.The brokerage working with the BUYER(S) is acting as an AGENT for the BUYER(S). B.The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT. C.The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S). D.The brokerage working with the BUYER(S) is acting as a NONAGENT for the BUYER(S). Section 2: A.The brokerage working with the SELLER(S) is acting as an AGENT for the SELLER(S). B.The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), without an ASSIGNED AGENT. C.The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S) and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S). D.The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho real estate commission and has consented to the relationship confirmed above. In addition, each party confirms that the brokerage's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE IS A “CUSTOMER” AND IS NOT REPRESENTED BY A BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 37. ASSIGNMENT: This Agreement and any rights or interests created herein may may not be sold, transferred, or otherwise assigned. 38. ACCEPTANCE: This offer may be revoked at any time prior to acceptance and is made subject to acceptance on or before (Date)A.M.P.M.at (Local Time in which PROPERTY is located) Desfosses/JensenTBD Philbin Rd 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] 8/13/2019 8/13/2019 BD NJ Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] GM 08/13/2019 1:38 PM MDT Electronically Signed using eSignOnline™ [ Session ID : 5cdba642-4322-48a5-91ab-139e3ac70f0b ] Spring Creek Homes Exhibit 2 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORS®, Inc. All rights reserved. JULY 2019 EDITION Page of 7RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT )() Date)() Date SELLER'S Initials (BUYER'S Initials ( JULY 2019 EDITION RE-24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Page of 7 ID#: Serial#: Prepared by: 071079-200156-5706705 Brandon Des Fosses | HomeSmart Premier Realty | brandondesfosses@yahoo.com | 2085211868 39. BUYER’S SIGNATURES: SEE ATTACHED BUYER'S ADDENDUM(S):(Specify number of BUYER addendum(s) attached.) SEE ATTACHED BUYER'S EXHIBIT(S):(Specify number of BUYER exhibit(s) attached.) BUYER does currently hold an active Idaho real estate license.BUYER is related to agent. BUYER Signature BUYER (Print Name) Date Time A.M.P.M.Phone #Cell # Address E-Mail City State Zip Fax # BUYER does currently hold an active Idaho real estate license.BUYER is related to agent. BUYER Signature 40. SELLER’S SIGNATURES: On this date, I/We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms thereof on the part of the SELLER. SIGNATURE(S) SUBJECT TO ATTACHED COUNTER OFFER SIGNATURE(S) SUBJECT TO ATTACHED ADDENDUM(S) # SIGNATURE(S) SUBJECT TO ATTACHED EXHIBIT(S) # SELLER does currently hold an active Idaho real estate license.SELLER is related to agent. SELLER Signature SELLER (Print Name) SELLER does currently hold an active Idaho real estate license.SELLER is related to agent. LATE ACCEPTANCE If acceptance of this offer is received after the time specified, it shall not be binding on the BUYER unless BUYER approves of said acceptance within SELLER's late acceptance, an initialed copy of this page shall be immediately delivered to SELLER. 7 7 BUYER (Print Name) Date Time A.M.P.M.Phone #Cell # Address E-Mail City State Zip Fax # Date Time A.M.P.M.Phone #Cell # Address E-Mail City State Zip Fax # SELLER Signature SELLER (Print Name) Date Time A.M.P.M.Phone #Cell # Address E-Mail City State Zip Fax # calendar days (three [3] if left blank) by BUYER initialing HERE ()() Date . If BUYER timely approves of ✖ Brandon Desfosses brandondesfosses@yahoo.com Nick Jensen springcreekhomes.nick@gmail.com Desfosses/JensenTBD Philbin Rd 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 391 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 403 421 422 423 424 425 426 427 428 429 430 8/13/2019 10:13 AM MDT 8/13/2019 9:32 AM MDT Brandon Desfosses Nick Jensen Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] 8/13/2019 10:13 AM MDT 8/13/2019 9:32 AM MDT Brandon Desfosses Nick Jensen Electronically Signed using eSignOnline™ [ Session ID : aeacd938-db01-4eb2-a967-7bfd0c168465 ] 1 Gerald McNabb 08/13/2019 1:38 PM MDT Electronically Signed using eSignOnline™ [ Session ID : 5cdba642-4322-48a5-91ab-139e3ac70f0b ] Spring Creek Homes Exhibit 2 Serial#: Prepared by: 040997-000156-5716552 Christopher Schnitzler | HomeSmart Premier Realty | PocatelloRealEstate@gmail.com | 2085211868 ADDENDUM #____________(All addendums shall be numbered sequentially.) RE-11 ADDENDUM JULY 2019 EDITION Page 1 of 1 THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING. This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyright Idaho Association of REALTORS®, Inc. All rights reserved. JULY 2019 EDITION RE-11 ADDENDUM Page 1 of 1 Today’s Date:_________________________________________________________________________________________________ 1 2 This is an ADDENDUM to the Purchase and Sale Agreement Other____________________________________________________3 (“Addendum” means that the information below is added material for the agreement {such as lists or descriptions} and/or means the form is being used to change, correct or revise the agreement {such as modification, addition or deletion of a term}). 4 5 6 AGREEMENT DATED:_________________________________________ID #_______________________________________________7 8 ADDRESS:______________________________________________________________________________________________________9 10 BUYER(S):______________________________________________________________________________________________________11 12 SELLER(S):______________________________________________________________________________________________________13 14 The undersigned parties hereby agree as follows:15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 46 47 To the extent the terms of this ADDENDUM modify or conflict with any provisions of the Purchase and Sale Agreement including all prior Addendums or Counter Offers, these terms shall control. All other terms of the Purchase and Sale Agreement including all prior Addendums or Counter Offers not modified by this ADDENDUM shall remain the same. Upon its execution by both parties, this agreement is made an integral part of the aforementioned Agreement. 48 49 50 51 52 BUYER: _________________________________________________________________________Date: _________________________53 54 BUYER: _________________________________________________________________________Date: _________________________55 56 57 SELLER: ________________________________________________________________________Date: _________________________ 58 59 SELLER: ________________________________________________________________________Date: _________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ August 13, 2019 1 Desfosses/Jensen TBD Philbin and Sawtooth Brandon Desfosses and Nick Jensen Margaret I McNabb Family Limited Partnership c/o Gerald McNabb section 36. Representation Confirmation to be as follows: 1) The Brokerage working with the BUYER(s) is acting as a LIMITED DUAL AGENT for the BUYER(s) without an ASSIGNED AGENT 2) The Brokerage working with the SELLER(s) is acting as a LIMITED DUAL AGENT for the SELLER(s) without an ASSIGNED AGENT August 12, 2019 ✖ 15523066 test tbd460189548IDtrue00 Christopher Schnitzler040997-000156-57165 42 43 44 45 08/13/2019Gerald McNabb Electronically Signed using eSignOnline™ [ Session ID : 5cdba642-4322-48a5-91ab-139e3ac70f0b ] Spring Creek Homes Exhibit 2 Spring Creek Homes Exhibit 2 Spring Creek Homes Exhibit 2 Spring Creek Homes Exhibit 2 Spring Creek Homes Exhibit 2 PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us EXHIBIT 3 Comprehensive Plan Future Land Use Map Spring Creek Homes, Nick Jensen PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us EXHIBIT 4 Current Zoning Map Spring Creek Homes, Nick Jensen PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us EXHIBIT 5.a Evidence of Notice – Site Posting Spring Creek Homes, Nick Jensen Philbin @ Sawtooth – 9/15/19 091.8/0915® fuany sane aigifedwoo ww L9 x ww q Immo} ap auanbif3 0918/0919® Aaany q}Inn 91g110woa „8/9 Z x <<1 azis lagel University Bible Church School District 25 First Baptist Church 4700 Philbin Rd. 3115 Pole Line Rd. 408 N. Arthur Ave. Chubbuck, ID 83202 Pocatello, ID 83201 Pocatello, ID 83204 Bannock County De1Tam3, LLC Norman Reece Road & Bridge 2042 W. Falcon Point Ct. 4611 N. Philbin Rd. 5500 S. 50' Ave. Boise, ID 83703 Chubbuck, ID 83202 Pocatello, ID 83204 City of Chubbuck Buck Buchanan Mattison Harding 5160 Yellowstone Ave. 4642 Pahsimeroi 4640 Pahsimeroi Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 Courtney Naasz Terri Azzola Lynn Olsen 4636 Pahsimeroi 46121 Pahsimeroi 1330 Sawtooth Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 Roy Thompson Kip Yeates Kevin Buetts 1331 Sawtooth 1315 Sawtooth 1301 Sawtooth Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 City of Chubbuck Linda & Paul Horn Raul Montanez 5160 Yellowstone Ave. 4620 Pahsimeroi 5885 S. 4400 W. Chubbuck, ID 83202 Chubbuck, ID 83202 Hooper, UT 84315 label size 1" x 2 5/8" compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 S3 dd1SSpringCreekHomes Exhibit 5.b Spring Creek Homes Exhibit 6 Spring Creek Homes Exhibit 6 Public Works Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us BILYEU ESTATES DIVISION 6 PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON OCTOBER 8, 2019 STAFF FINDINGS SUMMARIZED After reviewing the Bilyeu Estates division 6 preliminary plat, Staff finds that it appears to meet the code requirements with the following comments: 1.At the west end of Kolton Drive the temporary turnaround easement could be eliminated. Only required if a dead end street serves more than four (4) lots per City Code 16.12.020. 2.To help eliminate confusion, renumber lots in block 6 to be consecutive order from Division 5. 3.In the street intersection of Kolton Drive and Chick Circle, if preferred the mainline valves for irrigation and potable water can be eliminated on the east side of the mainline tee’s. 4.Show a temporary utility easement 30 feet in width granted to the City of Chubbuck for installation and maintenance of the proposed sewer line west of Kolton Drive. This easement would terminate upon acceptance of the adjoining development. 5.Provide a proposed plan and schedule for installation of the required secondary irrigation source/pump station for consideration. As discussed on previous phases, a pump station is a requirement of the irrigation system. Consideration could include connection to a future shared system of Brookstone Estates. FACTS REQUEST: The applicant proposes a Preliminary Plat for 13 residential building lots in the Bilyeu subdivision, Division 6. It includes an extension of Kolton Drive West of Hyrum including Chick Circle for access to the property (see Exhibits 1 and 2). BACKGROUND: This is the 6th division of the Bilyeu subdivision. Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. Comments were sent to professional Eng. on September 19th. No update has been received to be included in report. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us TYPE OF COMMISSION ACTION: 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. OWNER: Stewart Nelson 2630 North Inkom Rd. Inkom, ID 83245 APPLICANT: Stewart Nelson 2630 North Inkom Rd. Inkom, ID 83245 PROFESSIONAL SERVICES: RMES 600 East Oak St. Pocatello, ID 83201 LOCATION: Southwest ¼ of the Southwest ¼ of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, Bannock County ID. Generally located West of Hyrum Street North of W Chubbuck Rd. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: R-2 Limited Residential CURRENT LAND USE: Open field PROJECT SIZE: ±4.24 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: YEAR: 2018 W Chubbuck Rd East of Philbin, 6,350 day BTPO TRAFFIC MODEL ESTIMATE: YEAR: 2018 W Chubbuck Rd at East of Philbin, 6,144/day SURROUNDING LAND USES AND ZONING NORTH: Pasture, R-2 Limited residential EAST: Residential Homes, R-2 Limited residential SOUTH: Homes and Pasture, R-2 Limited residential and non-annexed County WEST: Pasture, R-2 Limited residential SERVICES: ACCESS STREET: Current access from Hyrum and West Chubbuck Rd. FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1.In accordance with City Code 17.12.030-050 and Resolution 2018-009, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. 2.In accordance with City Code 17.12.100, the application is scheduled to be heard at the October 8, 2019 Regular Meeting of the Land Use and Development Commission. 3.In accordance with City Code 17.12.080, notice were provided as follows: a.Notices posted on the subject property. b.Notices provided to City departments, other government agencies, and affected public utility providers. APPLICABLE LAWS AND PLANS: 1.Idaho Code PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us a.§50-13, Plats and Vacations b.§67-6513, Subdivision Ordinance 2.Chubbuck Comprehensive Plan (as amended) 3.Chubbuck City Code a.Title 16, Land Improvement Standards b.Title 17, Land Development c.Title 18, Land Use PUBLIC COMMENTS: 1.No written comments were received as of this report. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us STANDARDS FOR REVIEWING A PRELIMINARY PLAT 1.Is the Preliminary Plat consistent with the City’s Comprehensive Plan? Staff has identified the following as potentially applying to this application; 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. GOAL OBJECTIVE POLICY (key issues in bold)STAFF COMMENT Ch. 4, Goal 5: Encourage compatible land uses 4.5.1: Encourage transition of land use to avoid conflicts a. Adhere to the Comprehensive Plan b. Use zoning, perfor- mance requirements, site planning, and transpor- tation routes to create the highest level of compatibility between adjacent uses while retaining a complement- ary mix of possible uses within neighborhoods The map designates the area as Medium Density a category intended for future R-2, R-3 and Mixed Use, a category intended for future All Residential and C-1 Limited Commercial zoning. The proposal appears to conform to the policy. Ch. 5, Goal 1: Provide for safe and free-flowing traffic for all modes of transportation 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means of transportation a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development. The proposal appears to conform to the policy. 5.1.7: provide a connected network of pedestrian friendly streets a. Design new streets to connect with other streets. e. Include sidewalks that connect buildings to streets. g. Provide sidewalks on both sides of streets The proposal appears to conform to the policy. Streets are connected and sidewalks on both sides of streets Ch. 6, Goal 2: Encourage new development that is compatible with existing buildings 6.2.1: Use design guidelines, standards, incentives to ensure compatible develop- ment with existing development a. Bulk/height of new residential shall be similar in scale [compatibility] to surrounding residential development The proposal appears to conform to the policy; it is adjacent to residential developments. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us GOAL OBJECTIVE POLICY (key issues in bold)STAFF COMMENT Ch. 7, Goal 2:Protect life and property in Chubbuck by providing fire, rescue, and emergency medical services 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck a. Discourage development outside the USB Development is in the Urban service boundary Ch. 7, Goal 5: Manage stormwater run-off to reduce soil erosion and flooding 7.5.1 Develop and keep up-to-date, a cost- effective and environmentally sensitive stormwater facility master plan a. Encourage new development to retain stormwater on-site. c. Encourage residents and businesses to manage stormwater on- site. Storm Water will be retained on site Ch. 8, Goal 1: Broaden recreational opportunities 8.1.2 Create new parks and recreational facilities to serve both new develop in existing neighborhoods and new communities c. Encourage creation of neighborhood parks in conjunction with large residential development and with neighborhood refinement plans A park has been constructed in an earlier phase 2.Does the Preliminary Plat comply with all the applicable laws and ordinances? CITY CODE TITLE 17- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 17.12.030, 17.12.050 Copies to be Submitted, Notice and Fee Staff Comments The applicant has completed the requirements of these sections. X Department Comments Public Works: The department has reviewed the applicant’s proposal for compliance no concerns. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us X Department Comments Engineering: The department has reviewed the applicant’s proposal for compliance and finds the following comments and concerns: 1.At the west end of Kolton Drive the temporary turnaround easement could be eliminated. Only required if a dead end street serves more than four (4) lots per City Code 16.12.020. 2.To help eliminate confusion, renumber lots in block 6 to be consecutive order from Division 5. 3.In the street intersection of Kolton Drive and Chick Circle, if preferred the mainline valves for irrigation and potable water can be eliminated on the east side of the mainline tee’s. 4.Show a temporary utility easement 30 feet in width granted to the City of Chubbuck for installation and maintenance of the proposed sewer line west of Kolton Drive. This easement would terminate upon acceptance of the adjoining development. 5.Provide a proposed plan and schedule for installation of the required secondary irrigation source/pump station for consideration. As discussed on previous phases, a pump station is a requirement of the irrigation system. Consideration could include connection to a future shared system of Brookstone Estates. X Department Comments Maintenance / Operations: The department has reviewed the applicant’s proposal for compliance and no comments received. X Department Comments Fire Department: The department has reviewed the applicant’s proposal for compliance and no comments received. X Department Comments Police Department: The department has reviewed the applicant’s proposal for compliance, no comments received. CITY CODE TITLE 17 – PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 17.12.150 Form of Presentation Staff Comments Applicant has provided all information required of this section. X 17.12.160 Identification and Descriptive Data Staff Comments Applicant has provided all information required of this section. 17.12.170 Existing Conditions Data PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us X Staff Comments Applicant has provided a preliminary plat showing existing contours, locations of existing water and sewer systems, street names and rights-of-way, and all other information required of this section. X 17.12.180 Proposed Conditions Data Staff Comments Applicant has provided a preliminary plat showing proposed conditions including lot dimensions, easement use and locations, and street layout including proposed dedication of additional right-of-way. X 17.12.190 Proposed Utility Methods Staff Comments Water and sewer will be installed into the development, applicant has provided service locations shown on the preliminary plat. CITY CODE TITLE 18- LAND USE Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 18.08.042A Height and area Regulations Staff Comments This is proposed in the R-2 zone and is limited to 35 ft high and 6000 sf. minimum lot size. X 18.08.044 Lot Width to depth ratio Staff Comments This is proposed in the R-2 zone, maximum ratio is 1:2 PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water Water mainlines with services will be constructed and connected to existing water mainlines. Sewer Sewer mainlines with services will be constructed and connected to existing sewer mainlines. Streets Right-of-way has been dedicated and the street will be constructed per 16.12.020C and in accordance with the comprehensive plan. Storm Drainage Storm water from the street will be retained in the roadway drainage swale, while storm water from the lots will be required to be retained on site. Pressurized Secondary Irrigation Secondary irrigation facilities will be designed and constructed in accordance with section 16.12.230 of city code. Parks Park was constructed in prior phase OTHER AGENCY COMMENTS AND REQUIREMENTS Agency Comment BTPO No comment received. Bureau of Indian Affairs No comment received. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Cable One No comment received. Century Link No comment received. Direct Communications No comment received. ID Fish and Game No substantial concerns regarding impacts to wildlife. ID Transportation No comment received. Idaho Power No comment received. Intermountain Gas No comment received. School District 25 No comment received. SE Idaho Public Health No comment received. US Postal Service No comment received. EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1.(if found necessary by LUDC). APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with… [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us REPORT: Paul Andrus, Planner pandrus@cityofchubbuck.us (208) 237-2430 Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing.DATE: September 26, 2019 EXHIBITS 1.Application for Preliminary Plat 2.Plat 3.Narrative for Preliminary Plat 4.Maps a.Future Land Use b.Current Zoning 5.Evidence of Notice a.Site Postings b.Agency notices on file w/staff ☒ PRELIMINARY PLAT APPLICATION PO Box 5604 – 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us PAGE 1 OF 4 Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 – 17.12.190 of municipal code. The following must be filled out and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a complete application packet may result in additional fees. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A –DEVELOPER/APPLICANT INFORMATION A1. Name Stewart Nelson A2. Mailing Address 2630 North Inkom Road City State Zip Code Inkom ID 83245 A3. Phone Number (including area code) (208) 681-4444 A4. Email Address innoutsn@gmail.com SECTION B – PROFESSIONAL SERVICES INFORMATION B1. Firm Name RMES A2. Mailing Address 600 East Oak Street City State Zip Code Pocatello ID 83201 A3. Phone Number (including area code) (208) 234-0110 A4. Email Address eric@rmes.biz SECTION C – SITE INFORMATION C1. Site Address City Zip North of Chubbuck Rd. Chubbuck 83202 East of Philbin Rd. C2. Tax Parcel #(s) RCCPC037901 C3. Current Land Use Limited Residential (R-2) C4. Are there existing structures on-site? ☐ Yes ☒ No C5. Is the site under contract or in the name of the developer/applicant? ☐ Yes ☒ No C6. Approximate size of property 4.24 Acres C7. Are there any existing items of which Staff should be aware? ☐ Yes ☒ No If yes: ___________________________ _____________________________________________________________ _________________________________________________ C8. Does the site contain irrigation water rights? Yes No If yes, which company/district: ______________ _________________________________________ ☐ Fort Hall Irrigation PRELIMINARY PLAT APPLICATION PO Box 5604 – 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us PAGE 2 OF 4 SECTION D – PROPOSED DEVELOPMENT INFORMATION D1. Plat Name Bilyeu Estates - Division 6 D2. Number of Lots 13 D3. Type of Land Uses within development (residential, commercial, industrial, etc.) Residential D4. Water & Sewer Needs City Water and Sewer D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ☐ Yes ☒ No If yes: _______________________________________________________________________________ D6. Will the development contain any commonly-owned and/or maintained improvements (storm water, streets, parks/playgrounds, etc.)? ☐ Yes ☒ No If yes: _______________________________________________________________________________ SECTION E – ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees ( 13 total # of lots X $5.00 + $203.00 base fee = $ 268.00 ) E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcel s, or part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan submitted during the preliminary platting process. E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly -owned improvements and/or land, if the development will contain any commonly-owned improvements and/or land. E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services ca n be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. The overall subdivision has a park area that was constructed in previous phases PRELIMINARY PLAT APPLICATION PO Box 5604 – 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us PAGE 3 OF 4 E5. PDF Drawings drawn according to municipal code containing the following: Code Reference Staff Reviewers Initials Preparer’s Initials Description 17.12.150 – 17.12.160 Presentation & Descriptive Data EGP • Drawing Size (11”x22” minimum through 22”x34” maximum) EGP • Proposed Name EGP • Location of Development by Section, Township, Range EGP • Reference to Section or Quarter Corner (dist. & Bear.) EGP • Name, Address, Phone Number of Developer EGP • Name, Address, Phone Number of Engineer/Surveyor EGP • North Arrow EGP • Date of Preparation (Including Revisions) EGP • Vicinity Map 17.12.170 Existing Conditions EGP • Existing Contours @ adequate Interval EGP • Existing Features EGP • Existing Utilities EGP • Existing R-O-W, easements, public areas, corporation lines EGP • Instrument # for parcels with common boundaries EGP • Existing & proposed zoning EGP • Total acreage EGP • Boundary dimensions 17.12.180 Proposed Conditions EGP • Street layout (including width) EGP • Street names EGP • Connections to existing streets EGP • Lot dimensions EGP • Lot numbers EGP • Total number of lots EGP • Location, width, and use of easements EGP • Designation of land for public use (parks) 17.12.190 Proposed Utility Methods EGP • Proposed sewage disposal EGP • Proposed water supply EGP • Proposed storm water disposal 17.16.100 Park requirements EGP • 5 acres per 1,000 people, centrally-located (use current census) N/A • Contribution in lieu of park (17.16.140) PRELIMINARY PLAT APPLICATION PO Box 5604 – 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us PAGE 4 OF 4 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. • I agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • I am aware that if this application is not complete, the preliminary plat review process will not continue until it is so deemed by the City upon further submission of materials. • I hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • I certify that I am authorized to file this application. F1. Signature F2. Printed Name Eric G. Pope, E.I. F3. Date 08/08/19 SECTION G-FOR STAFF USE ONLY G1. COMPLETENESS REVIEW : Reviewed by: Date: Deemed complete? Yes No If no, list concern(s): Applicant Notified? Yes No Comments: LINE TABLENUMBERL1L2L3L4L5L6L7L8L9DIRECTIONN 0°24'38" WN 89°50'41" WS 9°27'09" WS 20°55'23" WS 10°44'01" WS 9°36'54" ES 29°57'49" ES 50°18'44" ES 89°50'41" EDISTANCE2.13'45.80'100.69'84.59'53.70'53.70'53.70'85.16'57.50'CURVE TABLENUMBERC1C2C3C4C5C6C7C8C9C10C11DELTA ANGLE25°40'10"25°34'50"90°33'57"16°26'17"48°57'06"48°57'06"48°57'06"48°57'06"42°07'27"73°57'30"89°26'03"CHORD DIRECTIONN 13°14'43" WN 13°17'23" WS 44°52'21" WS 7°23'53" WS 40°05'34" WS 89°02'40" WN 42°00'13" WN 6°56'53" EN 52°29'09" EN 36°34'07" EN 45°07'39" WTANGENT68.35'68.11'21.21'7.94'25.04'25.04'25.04'25.04'21.18'15.81'20.79'RADIUS300.00'300.00'21.00'55.00'55.00'55.00'55.00'55.00'55.00'21.00'21.00'ARC LENGTH134.41'133.94'33.19'15.78'46.99'46.99'46.99'46.99'40.44'27.11'32.78'CHORD LENGTH133.28'132.83'29.84'15.73'45.57'45.57'45.57'45.57'39.53'25.26'29.55'ISISISISISISISISISIS ISSS )SS )SS )SS )SS )SS )SS )SS )SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS) SS )SS )SS)SS ) SS ) SS ) SS ) SS )SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS)SS )SS )SS)SS)SS)SS)SS)SS )SS )SS )SS )SS )SS )SS )SS )SSSS)SS)SS SS SS SS SS SS SSSSSSSSSSSSSSSSSS SSSS SD)SD)SD )SD )SD)WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W WWWWWW W W W WWWWWWWWWWWWWWWWWW WS WS WSWS WS W W W WWWWW WSWSWWWWWWSWWWWWWWWWWWWWW WWWWWWWWWSWSWSWSWSWS WSWS WWWWWWWWWWWWWWS IRRI)IRRI)IRR I ) IRR I ) IRR I ) IRR I ) IRR I )IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRIIRRI)IRRI)IRRI )IRRI )IRRI)IS IS IS IS IS IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI)IRRI )IRRI )IRRI)IRRI)IRRI)IS ISISIS IRRI)IS IRRI )IRRI )IRRI )IRRI )IRRIIRRI)IRRI)ISIS ISISIS ISIS IRRI )IRRI)SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSS90 TWSWS WSWSWSWSWSWSWS WSWSWSWSSSSS SS SS SS SS SS SS SSSS SS SS SS SS SS SSSS W W WWWWWWWWWWWWWWWWWWWW W W W WWWWWWWWWWWWWWW IRR IRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRR T ISISIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRIRRSD )SD )SD )99600 Sq Ft109600 Sq Ft119600 Sq Ft129600 Sq Ft2511300 Sq Ft1710669 Sq Ft1810766 Sq Ft1911830 Sq Ft2016499 Sq Ft219776 Sq Ft2413431 Sq Ft2211967 Sq Ft80.00'120.01'80.00'120.01'80.00'120.01'80.00' 80.00'120.01'80.00' 80.00'120.01'80.00'N 0°24'38" W 464.05C1C2L1N 0°24'38" W 149.81N 89°50'41" W 193.01N 89°50'41" W 320.02 N 0°24'38" W 184.07N 20°13'12" E 78.05L8 L7L6L5L4L3L2 S 0°24'38" E 175.01'N 89°50'41" W 320.02'N 0°24'38" W 175.01'L9 N 0°24'38" W 382.21'N 89°35'22" E 266.48'85.00'126.65'63.80'C3105.44'85.00'85.00'S 89°50'41" E 126.65'58.93'111.49'S 73°52'32" E 134.34'C4C5100.71'112.73'S 24°03'13" E 113.84'C6145.23'S 27°03'55" W 117.05'S 75°12'41" W 128.64'C7 8.51'85.16'53.70'4.48'49.22'53.70'44.09'N 60°11'06" W 129.51'C871.83'C10C940.50'14.55'141.41'86.13'105.86'C1164.21'2312360 Sq Ft4471 44724 4 7 0 4 4 7 0 4 4 7 1 44 7 2 447244714470447144714472447344724473447444754472 4471 4471 44724471 00ARCH D SCALE (24"x36")ARCH B SCALE (12"x18")8040804020401 INCH = 80 FEET1 INCH = 40 FEETEngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMDEVELOPER INFORMATIONNAMEIN-N-OUT CONSTRUCTION, LLCCONTACTSTEWART NELSONADDRESS2630 NORTH INKOM ROADINKOM, IDAHO 83245PHONE(208) 681-4444SHEET INFORMATIONDRAWN BYERIC G. POPEPROJECT #19066CHECKED BYJ. MITCHELL GREERFILE PATHR:\19\NELSON, STEWART\BILYEU ESTATES DIV. 6 - 19066\SURV\CAD\BE6_PP - 08-05-19DATE CREATED8/6/2019LAST REVISEDPRELIMINARYPRELIMINARY PLAT FOR:BILYEU ESTATES - DIVISION 6LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, IDAHOVICINITY MAPLEGEND & NOTESPRELIMINARY PLAT FOR:BILYEU ESTATES - DIVISION 6LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN,BANNOCK COUNTY, IDAHOBASIS OF BEARINGPER IDAHO STATE PLANE COORDINATE SYSTEM -EAST ZONE. GPS OBSERVATION COMBINATIONFACTOR OF 1.0002579939. COORDINATES AREBASED ON (IDPO CORS).INTERSTATE 868/6/2019PHILBIN ROAD CHUBBUCK ROADHAWTHORNE ROADWWWBOUNDARY LINEPROPERTY LINEEASEMENT LINEWATER LINESEWER LINESEWER MANHOLESEWER SERVICEFIRE HYDRANTWATER METERWATER SERVICEWATER VALVEEXISTING CONTOUR LINESSTORM CATCH BASINSTORM LINEPROPOSEDEXISTINGSS)SD)CENTER LINESECTION LINEWSISSSIRRIGATION SERVICEIRRIGATION VALVEWSISSSPROJECTLOCATIONIRRIRRIRRIGATION LINES 89°50'41" E 1322.99' N 89°50'41" W 1315.99'SOUTHWEST QUARTER CORNERSECTION 4. FOUND CITY OFCHUBBUCK BCM INSIDE VAULT.SEE CP&F INST. NO. 20514184CHUBBUCK ROAD 7.00' 866.57'463.42'SOUTH QUARTER CORNER OFSECTION 4. FOUND ALUMINUMCAP MONUMENT. SEE CP&FINST. NO. 21207296WEST 1/16 CORNER ON THESOUTH LINE OF SECTION 4.FOUND 5/8 REBAR WITH NOCAP. SEE CP&F INST. NO.99014595ALUMINUM CAPMONUMENT WITH NOMARKINGSSSSSSSWWWIRRIRRSD) PAHL, GREGINST. NO. 21815675IN N OUT CONSTRUCTION, LLCINST. NO. 21712017BLOCK 3BLOCK 6BLOCK 1KOLTON DRIVE HIRAM AVENUEPARK AREAVALENCIADRIVESEE NOTE 8EXISTING CONTOUR LINESNOTES1.EXISTING ZONING: RESIDENTIAL (R2)2.LOT SIZE INFORMATIONREQUIRED MINIMUM: 6,000 S.F.PROPOSED MINIMUM: 9,600 S.F.3.SUBDIVISION AREA: 4.24 ACRES4.SUBDIVISION LOTS: 13 RESIDENTIAL LOTS5.GAS, POWER, TELEPHONE, CABLE T. V. &ETC. TO BE PROVIDED WITHINDEVELOPMENT.6. STORM WATER GENERATED SHALL BEDETAINED ON SITE IN ROADSIDE SWALES.7.EASEMENTS ARE 15' (FT.) WIDE UNLESSOTHERWISE NOTED.8.20' x 66' TEMPORARY TURNAROUNDEASEMENT IS FOR VEHICLE TURN AROUNDAND PUBLIC UTILITIES. THE EASEMENT WILLTERMINATE WHEN THE NEXT SUBDIVISIONCONNECTING TO THE RIGHT-OF-WAY ISRECORDED AND THE ROADWAY HAS BEENACCEPTED BY THE CITY.TYPICAL 55' STREET SECTION (KOLTON DR. & CHICK CIRCLE)27.5'55' ROW15' UTILITYEASEMENT18.5'9'4:1 CUT SLOPE4:1 FILL SLOPE2.00% CROWN STREET SECTION27.5'15' UTILITYEASEMENT18.5'9'4:1 CUT SLOPE4:1 F ILL SLOPE4'4'NO SCALE27.50'27.50'27.50'27.50'R46.00'LOT 4, BLOCK 1BILYEU ESTATESDIVISION NO. 4INST. NO. 21816325LOT 5, BLOCK 1BILYEU ESTATESDIVISION NO. 4INST. NO. 21816325LOT 6, BLOCK 1BILYEU ESTATESDIVISION NO. 4INST. NO. 21816325LOT 7, BLOCK 1BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 8, BLOCK 1BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 20, BLOCK 3BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 19, BLOCK 3BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 18, BLOCK 3BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 17, BLOCK 3BILYEU ESTATESDIVISION NO. 5NOT RECORDEDBLOCK 6BLOCK 1LOT 1, BLOCK 6BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 2, BLOCK 6BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 3, BLOCK 6BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 4, BLOCK 6BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 5, BLOCK 6BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 6, BLOCK 6BILYEU ESTATESDIVISION NO. 5NOT RECORDEDIN N OUTCONSTRUCTION, LLCINST. NO. 21712017HIRAM AVENUELOT 16, BLOCK 3BILYEU ESTATESDIVISION NO. 5NOT RECORDEDLOT 21, BLOCK 3BILYEU ESTATESDIVISION NO. 4INST. NO. 21816325LOT 22, BLOCK 3BILYEU ESTATESDIVISION NO. 4INST. NO. 21816325895494CHICK CIRCLE Bilyeu Estates Division No. 6 - Preliminary Plat Narrative 1. The subdivision proposal complies with the applicable provisions of this title. The current project as proposed meets the applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable City design standards and development regulations. The current project as proposed will follow the current city standards. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. The current project is a continuation of the Bilyeu Estates Subdivision Masterplan within the city and will follow the same parameters and guidelines as the previous phases. 4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. The current layout of the project allows for future extension of public facilities to the west along Kolton Drive. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A Proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. The proposed project will only consist of 13 households. Assuming an overall national average of 3.3 trips per household per day (13 x 3.3 = 46.2), the 42.9 total trips per day will not generate enough peak hour trips or total trips to warrant a traffic impact study. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents connection to abutting streets or property. As stated in item #4, the proposed layout will allow for future continuation of the roads to the west along Kolton Drive. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. The proposed subdivision will have sidewalks that will tie into previous phases of a neighborhood that has several areas where bike paths intersect to allow both bicycle and pedestrian traffic to circulate throughout the neighborhood with limited crossings at the streets. 8. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately sized easements (Ord. 773, 2018) The proposed project will have a 15' public utility easement provided within the platted subdivision for public utilities to install their infrastructure to provide services to the new homes that will be built. BilyeuDivision6LocationFutureLandUseMap BilyeuDivision6LocationCurrentZoningMap Public Works Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us REFLECTION RIDGE AT HARVEST SPRINGS PHASE 1 PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON OCTOBER 8, 2019 STAFF FINDINGS SUMMARIZED After reviewing the Reflection Ridge at Harvest Springs Phase 1 preliminary plat, Staff finds that it appears to meet the code requirements with the following comments: Plat to address comments in Review Letters from Engineering and Planning and Development departments, Exhibit 5 Preliminary Plat recommendations are conditional upon City Council approval of the final plat FACTS REQUEST: The applicant proposes a 49 lot Preliminary Plat for 47 single-family residential lots, 1 common lot, and 1 open space lot with stormwater retention in the Reflection Ridge subdivision, Phase 1. It includes Harvest Springs Boulevard extending east from Hiline Road for access to the property, with a 10 foot walking path on the north side of the street. BACKGROUND: This is the 1st division of the Reflection Ridge subdivision and the first subdivision of the Harvest Springs Creative Community. Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. TYPE OF COMMISSION ACTION: 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. OWNER and APPLICANT: Harvest Springs Joint Venture 3141 Trevor Street Pocatello, ID 83201 PROFESSIONAL SERVICES: RMES 600 E. Oak Street Pocatello, ID 83201 LOCATION: NW ¼ of Section 35, Township 5 South, Range 34 East, of the Boise Meridian, Idaho. Generally located on the east side of Hiline Road and approximately 1,500 feet south of Tyhee Road. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Creative Community – Harvest Springs (CC-HS) CURRENT LAND USE: Farmland PROJECT SIZE: ±17.57 acres VIEWS: Visible from the north and west TOPOGRAPHY: Central and east part of parcel slopes from the southeast to the northwest, west side has steeper slopes down to Hiline Canal EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2016: Hiline Rd north of New Day Blvd, 3,155/day 2016: Hiline Rd south of New Day Blvd, 4,197/day 2016: Tyhee Rd at Hiline Rd, 1,291/day BTPO TRAFFIC MODEL ESTIMATE: 2018: Hiline Rd south of Tyhee Rd, 3,373/day 2018: Hiline Rd north of New Day Blvd, 3,425/day 2018: Hiline Rd south of New Day Blvd, 3,220/day SURROUNDING LAND USES AND ZONING NORTH: Farmland; Creative Community – Harvest Springs (CC-HS) zone EAST: Farmland; Creative Community – Harvest Springs (CC-HS) zone SOUTH: Farmland and Rural Residential; Farmland; Creative Community – Harvest Springs (CC-HS) zone and Bannock County Agricultural zone WEST: Farmland; Creative Community – Northside Crossing (CC-NC) zone SERVICES: ACCESS STREET: Current access from a small bridge via Hiline Road FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck; current sanitary sewer lines in Hiline Rd CULINARY WATER SERVICE: City of Chubbuck; current water mains in New Day Blvd at Hiline Rd PROCEDURES: 1. In accordance with City Code 17.12.030-050 and Resolution 2018-011, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. 2. In accordance with City Code 17.12.100, the application is scheduled to be heard at the October 8, 2019 Regular Meeting of the Land Use and Development Commission. 3. In accordance with City Code 17.12.080, notice were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance 2. Chubbuck Comprehensive Plan (as amended) 3. Harvest Springs Master Development Plan 4. Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use PUBLIC COMMENTS: 1. No written comments were received as of this report. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us STANDARDS FOR REVIEWING A PRELIMINARY PLAT 1. Is the Preliminary Plat consistent with the City’s Comprehensive Plan? Staff has identified the following as potentially applying to this application; 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. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is within City limits and the Urban Service Boundary, but it does consume farmland. It is also within a Creative Community, developing at urban densities rather than low-density sprawl. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The project is surrounded by undeveloped land but it will use adjacent sewer lines. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted COMMENT The project is not infill or redevelopment, but it is within a Creative Community, developing at urban densities rather than low-density sprawl. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low-intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The Comprehensive Plan Future Land Use map designates the area as Medium Density Residential and Mixed Use, both of which are appropriate locations for the CC zone and CC development. POLICY b. Use a combination of zoning, performance requirements, site planning, 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 COMMENT The Harvest Springs Master Development Plan will implement these goals as the site develops. Reflection Ridge includes residential lots ranging from 5,600 to 15,500 square feet. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT The Harvest Springs Master Development Plan will implement these goals as the site develops. Reflection Ridge includes residential lots ranging from 5,600 to 15,500 square feet. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us COMMENT Harvest Springs Boulevard will include a ten foot pathway and landscaping on the north side, with sidewalks on the south and reduced number of access points/crossings. OBJECTIVE 5.1.2 Expand the network of functional class roads in general accordance with the functional class roads map POLICY a. Define routes for new or functional class roads with requirements for development during subdivision COMMENT Harvest Springs includes routes for new arterials and collectors, and they will be built with the adjacent subdivisions. OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The planned development density will support future extensions of transit services. OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT Harvest Springs Boulevard will include a ten foot pathway and landscaping on the north side, with sidewalks on the south and on all other streets in the subdivision. OBJECTIVE 5.1.7 Provide a connected network of pedestrian-friendly streets and pathways POLICY a. Design new streets to connect with other streets, except where topography or existing development prevents a connection COMMENT Because of slope and the Hiline Canal on the west side of the subdivision, only Harvest Springs Boulevard will connect with Hiline Road. POLICY d. Provide mid-block pedestrian pathways where long blocks are necessary COMMENT There are no excessively long blocks, but pathways are provided through the pocket park to access homes facing it and provide a route between Autumn Brook Drive and Harvest Springs Boulevard. POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks are provided on both sides of the streets, separated by a landscape strip. POLICY h. Design local streets serving residential areas as "skinny" streets to slow traffic and accommodate pedestrians and bicycles, as well as vehicles COMMENT The neighborhood residential streets will be narrower than typical residential streets. STRATEGY* a. Use streets, pedestrian ways, and connectivity development standards to ensure that streets and pedestrian ways are well connected and provide a safe environment for pedestrians COMMENT Sidewalks are provided on both sides of the streets, separated by a landscape strip, and pathways are provided through the pocket park between Autumn Brook Drive and Harvest Springs Boulevard. CHAPTER 6: COMMUNITY DESIGN GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND USES AND A MORE WALKABLE COMMUNITY OBJECTIVE 6.3.2 Use neighborhood design principles for new development within Neighborhood Plan Districts, as defined on the Growth Management Plan Map POLICY a. New neighborhoods shall be designed to meet the following design principles: Connect streets with other streets to provide a network Use distinct edges or boundaries to define the neighborhood Include sidewalks that are safe, convenient, and interesting Incorporate parks and institutions into neighborhoods PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Provide a mix of housing choices and types Design neighborhoods to accommodate bus transit COMMENT Reflection Ridge meets all of these standards. POLICY b. Assure that future developments result in the establishment of recognizable neighborhoods, communities, and districts COMMENT Reflection Ridge will results in a new recognizable community. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan POLICY a. Encourage new development to retain stormwater runoff on-site COMMENT The open space parcel in Reflection Ridge includes a stormwater retention basin. POLICY d. Limit development on steep slopes COMMENT The steepest sloped areas in the subdivision are in the open space parcel and on the back of the larger single family parcels. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT The developer is providing utility and road extensions into the property. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The project is within a Creative Community, developing at urban densities rather than low-density sprawl. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT The subdivision meets current City standards and those approved in the CC-HS zone. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process COMMENT The subdivision includes a centrally located pocket park for residents, and open space to be dedicated to the City. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY a. Require new streets to connect with other streets COMMENT Street connections are provided, as well as sidewalks or pathways on both sides of all streets and through the pocket park and open space. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us POLICY b. Require the consideration of transit access in subdivision review COMMENT There is currently no transit service to the site, but it is developing at densities that would support transit service. POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT Sidewalks or pathways are included on both sides of all streets and through the pocket park, and a trail is planned through the open space along the Hiline Canal. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT The Harvest Springs Master Development Plan will implement these goals as the site develops. Reflection Ridge includes residential lots ranging from 5,600 to 15,500 square feet. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values – they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT The Harvest Springs Master Development Plan will implement these goals as the site develops. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT The Harvest Springs Master Development Plan includes a wide variety of housing styles and lot sizes. Reflection Ridge includes residential lots ranging from 5,600 to 15,500 square feet. 2. Does the Preliminary Plat comply with all the applicable laws and ordinances? CITY CODE TITLE 17- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 17.12.030, 17.12.050 Copies to be Submitted, Notice and Fee Staff Comments The applicant has completed the requirements of these sections. X Department Comments Public Works: The department has reviewed the applicant’s proposal for compliance and finds that it meets the code requirements. Concerns have been addressed by the applicant. X Department Comments Engineering: The department has reviewed the applicant’s proposal for compliance and finds that it meets the code requirements. Concerns are being addressed by the applicant. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us X Department Comments Maintenance / Operations: The department has reviewed the applicant’s proposal for compliance and finds that it meets the code requirements. Design of alleys should accommodate drainage at the center, or crowned at the center if neighboring properties will accommodate drainage. X Department Comments Fire Department: The department has reviewed the applicant’s proposal for compliance and finds that it meets the code requirements, including alleys. Concerns have been addressed by the applicant. X Department Comments Police Department: The department has reviewed the applicant’s proposal for compliance and finds that it meets the code requirements. No concerns. CITY CODE TITLE 17 – PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments X 17.12.150 Form of Presentation Staff Comments Applicant has provided all information required of this section. X 17.12.160 Identification and Descriptive Data Staff Comments Applicant has provided all information required of this section. X 17.12.170 Existing Conditions Data Staff Comments Applicant has provided a preliminary plat showing existing contours, locations of existing water and sewer systems, street names and rights-of-way, and all other information required of this section. X 17.12.180 Proposed Conditions Data Staff Comments Applicant has provided a preliminary plat showing proposed conditions including lot dimensions, easement use and locations, and street layout including proposed dedication of additional right-of-way. X 17.12.190 Proposed Utility Methods Staff Comments Water and sewer will be extended to the development, applicant has provided service locations shown on the preliminary plat. CITY CODE TITLE 18.21 and 18.34 – CREATIVE COMMUNITY – HARVEST SPRINGS Compliant Standards and Staff Comments Yes No N/A City Code or Master Plan Standard and Staff Comments X 18.21.020 Net Residential Zone Density PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Staff Comments The subdivision net residential density is over the 3 units per acre threshold. X 18.21.050.A.3 Pathways and Trails Staff Comments The subdivision includes an excellent system of pathways, trails, and sidewalks. X 18.21.050. A.16 & 18.34.060.M Access to Residential Properties Staff Comments All lots have frontage along a public road or the pocket park, and most have alley access. X 18.21.050. A.21 & 18.34.030.D Open Space Minimum Area Requirement Staff Comments The subdivision open space is significant, approximately 15% of the entire acreage, and is usable and functionally connected. X Streetscapes All streets must have sidewalks, streets trees, and park strips Staff Comments As required, sidewalks or a trail are provided on both sides of all streets, including park strips with street trees. X Street Cross Sections Master Development Plan includes approved cross sections for different street types X Staff Comments Street designs meet the approved cross sections for Harvest Springs. PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water Water mainlines with services will be constructed and connected to existing water mainlines. Sewer Sewer mainlines with services will be constructed and connected to existing sewer mainlines. Streets Right-of-way has been dedicated and the street will be constructed per 16.12.020C and in accordance with the comprehensive plan and the Harvest Springs Master Development Plan. Storm Drainage Storm water from the street will be retained in the roadway drainage swale, while storm water from the lots will be required to be retained on site. Pressurized Secondary Irrigation Secondary irrigation facilities will be designed and constructed in accordance with section 16.12.230 of city code. Irrigation master plan for Harvest Springs will be required before final acceptance of this subdivision. Parks Parks will be constructed per the Harvest Springs Master Development Plan. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us OTHER AGENCY COMMENTS AND REQUIREMENTS Agency Comment BTPO No concerns/no comment received. Bureau of Indian Affairs No concerns/no comment received. Cable One No concerns/no comment received. Century Link No concerns/no comment received. Direct Communications No concerns/no comment received. ID Fish and Game No concerns/no comment received. ID Transportation No concerns/no comment received. Idaho Power No concerns/no comment received. Intermountain Gas No concerns/no comment received. School District 25 No concerns/no comment received. SE Idaho Public Health No concerns/no comment received. US Postal Service No concerns/no comment received. EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDC). APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with… [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us SPECIAL CONSIDERATIONS FROM IDAHO CODE: I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT: Don Matson, Senior Planner dmatson@cityofchubbuck.us (208) 237-2430 Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. DATE: October 1, 2019 EXHIBITS 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Plat Review Comments 6. Maps a. Future Land Use b. Current Zoning 7. Evidence of Notice a. Site Postings b. Agency notices on file w/staff 8. Harvest Springs Design Book Exhibit 1: Reference Map Reflection Ridge at Harvest Springs Phase 1 UPRRYellowstone AveHiline RdTyhee Rd Northgate Interchange Subject Property New Day Blvd Northside Crossing Harvest Springs Reflection Ridge Exhibit 2 Reflection Ridge Exhibit 2 Reflection Ridge Exhibit 2 Reflection Ridge Exhibit 2 PROJECTLOCATIONI-1 5 YELLOWSTONE AVE.TYHEE RD.I-86HILINE RD.SIPHON RD.CHUBBUCK RD.PER IDAHO STATE PLANE COORDINATESYSTEM - EAST ZONE. GPS OBSERVATIONCOMBINATION FACTOR OF 1.0002579939.COORDINATES ARE BASED ON (IDPOCORS).NORTH LEGEND & NOTESBOUNDARY LINEPROPERTY LINEEASEMENT LINEWATER LINESEWER LINESEWER MANHOLESEWER SERVICEFIRE HYDRANTWATER METERWATER SERVICEWATER VALVECONTOUR LINESSTORM MANHOLESTORM CATCH BASINSTORM LINEPROPOSEDEXISTINGWSSSWSSSSECTION LINENORTH WALTON ROAD VICINITY MAPBLOCK 2FUTURE26 35 35FUTURE I-15PRAIRE ESTATESINST NO.20721291LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 7LOT 6LOT 5LOT 4LOT 3LOT 2LOT 1BLOCK 1RUPP, HAROLD L SR TRUSTINST NO.21514114RUPP, HAROLD L SR TRUSTINST NO.21514114KENT L YOSTINST NO.20918799ANDREW DAVID STODDARDINST NO.21514658TERRENCE J MERZLOCKINST NO.20405858JEFFERY D DRISCOLLINST NO.21806673CHRISTOPHER Y FREEDINST NO.93015342RANDY MERICAINST NO.896747JEFF MAYNARDINST NO.21801487ANDREW DAVID STODDARDINST NO.21514658TERRENCE JMERZLOCKINST NO.20503827TERRENCE JMERZLOCKINST NO.20405860CARIG N SIMONSINST NO.897138T E R R E N C E J M E R Z L O C K I N S T N O . 2 0 4 0 1 1 4 5 W A Y N E C A R T E R I N S T N O . 2 0 7 2 4 2 8 4LAKERIDGE DRHARVEST SPRINGS BLVDAUTUMN BROOK LN ROLLING HILLS LOOPREFLECTION RIDGE DRLAKESIDE WAYSUGAR CREEK ST.2000ARCH D SCALE (24"x36")ARCH B SCALE (12"x18")40002001002001 INCH = 400 FEET1 INCH = 200 FEETFEMA FLOOD PLAIN LINEFEMA FLOOD PLAIN:ZONE AEngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMNAMECONTACTADDRESSPHONEDRAWN BYPROJECT #CHECKED BYFILE PATHDATE CREATEDLAST REVISEDHARVEST PRINGS JV3141 TREVOR ST.POCATELLO ID, 83201(208) 232-1468CHEYENNE R. NEWBERRY18090J. MITCHELL GREER06/12/201908/11/2019REFLECTION RIDGE ATHARVEST SPRINGS PHASE 1PRELIMINARY PLAT FOR:A DEVELOPMENT LOCATED IN:SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISEMERIDIAN, BANNOCK COUNTY, IDAHOSHEET NUMBER1 OF 3R:\18\LOVELAND\CHUBBUCK SUBDIVISION\DES\BASE\HARVESTSPRINGS PRELIMINARY PLAT 8.20.19.DWGNORTHGATE INTERCHANGEHILINE RDALLEYALLEYFEMA FLOOD PLAIN(TO BE ADJUSTED WITH ALOMA-F PROCESS)PRELIMINARY PLAT FOR:A DEVELOPMENT LOCATED IN:SECTION 35, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHOREFLECTION RIDGE ATHARVEST SPRINGS PHASE 1HARVEST SPRINGS BLVDFUTURESHEET 2ReflectionRidgeExhibit3 N 89°53'01" W 25.00SS SS SS SSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SSSSSSSSSSSSWSWSWSWSWSWSSSSSWSWSWSSSWSWSWS WS WS WS WSWSWS WS WSWSWSWSWSWSWSWSWSWSSS WSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSSSSS113159 SF38218 SF48218 SF510479 SF186842 SF177071 SF207320 SF196586 SF116300 SF126300 SF136300 SF107101 SF27475 SF85946 SF98436 SF228638 SF219313 SF287771 SF277634 SF267497 SF257836 SF239223 SF17261 SF146910 SF1521507 SF167476 SF2410448 SF297814 SF46149 SF25644 SF210999 SF37650 SF46619 SF612600 SF512600 SF415459 SF312216 SF610941 SF19175 SF56336 SF15893 SF110200 SF55162 SF191856 SF610204 SF77247 SF211170 SF46482 SF56215 SF37241 SF33137 SF712601 SFN 83°47'05" W 394.99'S 89°36'26" W 509.60'S 9°31'31" W 362.94'S 0°35'06" W 403.62' S 6°12'55" W 1 0 0 . 0 0 ' N 6°32'40" E 4 9 4 . 1 3 'S 89°24'54" E 102.62'N 88°32'25" E 140.35'N 85°54'12" E 60.00'N 88°32'49" E 142.00'N 88°50'57" E 137.53'N 85°01'47" E 149.00'N 79°10'50" E 123.50'N 77°56'25" E 167.50'C1C2 C3C4 C5 C6 L1 L2 L3 L4 L5C7C8C10C11C12C13C14C15C1 6 C18C17C20C21C22C23C24C25C26C27C28C29 C30C 3 1 C32C33C34C35C36C3 7 C38 C39 C40 C41 C42C4 3 C44C45 C46 C47 C48 C49C50C51 S 89°36'26" W 297.52'S 89°36'26" W 212.08'N 83°47'05" W 394.99'161.69'S 0°23'34" E50.00'S 0°23'34" E43.71'233.30'232.73'C5263.35'65.00'30.61'42.28'79.99'65.63'117.09'S 83°05'30" E 136.97'N 83°27'20" W 161.97'116.47'S 83°05'30" E 136.97'136.97'136.97'136.97'N 6°32'40" E 5 1 3 . 2 0 ' S 31°08'51" W 143.50'N 1°27'11" W 314.52'361.56'272.50'N 83°27'20" W 634.07'87.42'227.10'C53C54 28218 SF75.98' 60.00' 60.00' 60.00' 76.50' 60.47' 97.52' 60.00' 60.00' 80.10' 76.50' 60.00' 50.00' 50.00' 50.29'50.24'262.41' N 19 ° 2 2 ' 2 9 " E 4 4 1 . 2 0 ' S 12°4 0 ' 2 1 " W 4 3 3 . 8 0 ' 42.76'62.95'37.79'82.25'61.24' 127. 9 9 ' 65.0 0 ' 60.0 0 ' 60.0 0 ' 60.0 0 ' 68.2 1 ' 63.41'60.00' 60.0 0 ' 60.0 0 ' 62.4 7 ' 56.6 1 ' 60.0 0 ' 60.00'60.00'65.00'N 19°22'29" E 3 0 1 . 6 1 ' S 19 ° 2 2 ' 2 9 " W 3 0 5 . 8 8 ' N 8°43'20" E 2 9 4 . 3 7 ' S 8°43'20" W 2 9 4 . 8 7 '77.63'22.56'107.69'75.86'126.44'22.02'112.48'S 85°55'08" E 108.85'S 85°55'08" E 108.85'108.85'108.85'S 79°04'02" E 102.97'115.91'126.98'S 79°08'02" E 119.99'S 7°15'08" W 8 7 . 7 4 'S 83°05'30" E 159.72'S 6°54'30" W 1 1 6 . 0 0 '94.72'65.00'126.90' 70.77' 59.00' 59.13' 59.00' 59.00' 61.62' 59.00' 58.92' 59.06' 55.77' 54.87' 60.00' 60.00' 60.00' 60.00' 39.46' 60.00' 60.00' 60.00' 63.61'20.00' 89.38' N 6°12'55" E 1 0 8 . 4 6 ' S 6°12'55" W 1 0 7 . 4 9 '85.12'80.00'20.00'20.00'111.72'94.93'S 83°05'30" E 185.12'31.51'56.38'99.50'79.30'43.12'63.42'S 85°21'10" E 110.36'114.41'118.47'S 84°49'09" E 122.51'S 83°27'20" E 130.70'128.42'126.14'S 83°30'57" E 123.86'73.12'64.90'N 0°59'47" E 94.40' 26.70'S 1°27'11" E 95.05'120.00'22.00'S 1°27'11" E 85.00'22.00'120.00'68.35'N 88°32'49" E 142.00'85.00'64.72'119.81'79.66'58.51'12.47' 11.70' N 6°32'37" E 62.21' S 6°32'40" W 61.83'78.50'22.00'81.00'N 87°26'23" E 101.70'S 86°57'51" E 99.00'C55 C56 C57C58 31.83' 31.83'22.00'101.50'99.00'25.00'24.91'97.00'N 31°08'51" E 190.10'N 1°27'11" W 400.83'S 75°05'51" E 147.88'S 73°37'04" E 124.10'S 73°37'04" E 124.36'N 88°32'49" E 140.00'N 88°32'49" E 140.00'140.00'93.07'97.02'130.83'90.00'90.00'90.00'74.76'90.00'90.00'59.75'455045204510 45004550451045304540 4556451 4 454045584510452045204540 4550 45504550 4540 4530 4520451045044504451045104500 45304530S 83°47'05" E 206.03S 83°47'05" E 206.03N 0°06'59" E 726.34 N 0°06'59" E 718.44C59C60 PRELIMINARY PLAT FOR:A DEVELOPMENT LOCATED IN:SECTION 35, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHONORTH500ARCH D SCALE (24"x36")ARCH B SCALE (12"x18")100050-501 INCH = 100 FEET1 INCH = 50 FEETHARVEST SPRINGS BLVDAUTUMN BROOK LNROLLING HI L L S L O O P REFLECTION RIDGE DR CREEK ST.BLOCK 1BLOCK 2BLOCK 3BLOCK 4BLOCK 5BLOCK 6EMERGENCESOVERFLOW(OPEN SPACE)EngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMNAMECONTACTADDRESSPHONEDRAWN BYPROJECT #CHECKED BYFILE PATHDATE CREATEDLAST REVISEDHARVEST PRINGS JV3141 TREVOR ST.POCATELLO ID, 83201(208) 232-1468CHEYENNE R. NEWBERRY18090J. MITCHELL GREER06/12/201908/11/2019REFLECTION RIDGE ATHARVEST SPRINGS PHASE 1PRELIMINARY PLAT FOR:A DEVELOPMENT LOCATED IN:SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISEMERIDIAN, BANNOCK COUNTY, IDAHOSHEET NUMBER2 OF 3R:\18\LOVELAND\CHUBBUCK SUBDIVISION\DES\BASE\HARVESTSPRINGS PRELIMINARY PLAT 8.20.19.DWGREFLECTION RIDGE ATHARVEST SPRINGS PHASE 1POCKETPARKSTORM WATER RETENTION1.EXISTING ZONING: Harvest Springs Creative Community Zone2.SUBDIVISION AREA: 17.57 ACRES-SUBDIVISION LOTS: 49 (2 OPEN SPACE, 47 RESIDENTIAL UNITS)-OPEN SPACE: 2.60 ACRESDEDICATED TO CITY: LOT 1 BLK 1 (2.10 ACRES)ASSOCIATION: LOT 15 BLK 2 (0.50 ACRES) - POCKET PARK4. GAS, POWER, CABLE T. V. & ETC. TO BE PROVIDED.5. EASEMENTS ARE 10' (FT.) WIDE UNLESS OTHERWISE NOTED.6. OPEN SPACE (LOT 1 BLK 1) TO BE DEDICATED TO THE CITY OFCHUBBUCK AND TO BE COVERED IN THERE ENTIRETY WITH A PUBLICACCESS, UTILITY, AND SNOW STORAGE EASEMENT.7. POCKET PARK (LOT 15 BLK 2) TO REMAIN IN AN ASSOCIATION AND TOBE COVERED IN THERE ENTIRETY WITH A PUBLIC ACCESS, UTILITY,AND SNOW STORAGE EASEMENT.8. ALLEYS (LOT 6 & 24 BLK 2, LOT 5 BLK 4, AND LOT 3 BLK 5) WILL BEDEDICATED TO THE CITY OF CHUBBUCK AND TO BE COVERED INTHERE ENTIRETY WITH A PUBLIC ACCESS, UTILITY, AND SNOWSTORAGE EASEMENT.9. HOMES IN BLOCKS 1, 3, AND 6 WILL LOAD GARAGES FROM THE STREET.HOMES IN BLOCKS 2, 4, AND 5 WILL LOAD GARAGES FROM THE ALLEYS.CENTER CORNER OFSECTION 35, T. 5 S., R. 34 E.BANNOCK COUNTY1345.70N 00°06'57" E1301.79'N 00°06'57" EQUARTER CORNER OFSECTION 35, T. 5 S., R. 34 E.BANNOCK COUNTYNOTES:352635PAVED TRAILHILINE CANAL BOX CULVERT (TOMATCH WHAT WAS PLACEDACROSS SIPHON RD.)EXTEND WATER MAIN IN THEHARVEST SPRINGS BOULEVARD TOCONNECT TO EXISTING WATERLINEAT THE INTERSECTION OF SIPHON RDAND HARVEST SPRINGS BLVDINTERSECTION. (ROUTE THROUGHTERRAVENTURE PROPERTY TO BEDETERMINED)SNOW STORAGEEASEMENT461.12'S 89°52'57" EHARVEST SPRINGS BLVDREFLECTION RIDGE DR SUGAR BLOCK 2PULL OUT PARKINGPULL OUT PARKINGFLOOD ZONESEWERCONNECTIONIRRIGATION SYSTEMTO CONNECT TOEXISTING WELLEXISTING WELLALLEYALLEY ALLEY ALLEY 100' TEMPORARYEASEMENT FOR WATER AND IRRIGATION25' TEMPORARYEASEMENTPAVED TRAIL(FUTURE PUMP SYSTEM FORIRRIGATION CONNECTION)FUTUREPAVED TRAILFUTUREPAVED TRAILPAVED TRAILFUTUREPAVED TRAILFUTUREPAVED TRAILReflectionRidgeExhibit3 PRELIMINARY PLAT FOR:A DEVELOPMENT LOCATED IN:SECTION 35, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHOEngineersSurveyorsPlanners600 E. Oak St. Pocatello, ID 83201 (208) 234-0110 301 58th St. W. #138 Williston, ND 58801 (701) 572-0110TMNAMECONTACTADDRESSPHONEDRAWN BYPROJECT #CHECKED BYFILE PATHDATE CREATEDLAST REVISEDHARVEST PRINGS JV3141 TREVOR ST.POCATELLO ID, 83201(208) 232-1468CHEYENNE R. NEWBERRY18090J. MITCHELL GREER06/12/201908/11/2019REFLECTION RIDGE ATHARVEST SPRINGS PHASE 1PRELIMINARY PLAT FOR:A DEVELOPMENT LOCATED IN:SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISEMERIDIAN, BANNOCK COUNTY, IDAHOSHEET NUMBER2 OF 3R:\18\LOVELAND\CHUBBUCK SUBDIVISION\DES\BASE\HARVESTSPRINGS PRELIMINARY PLAT 8.20.19.DWGREFLECTION RIDGE ATHARVEST SPRINGS PHASE 1ROAD C10.0' LANDSCAPING& RETENTION10.00' WALKING& BIKE PATH2.00' CURB & GUTTER2.00' CURB & GUTTERHARVEST SPRINGS DRIVE (INITIAL) TYPICAL SECTION100' ROW30' PATH/ LANDSCAPEVARIES10' LANDSCAPINGRETENTION12' DRIVE LANE8.5' PARKING12' TURN LANE12' DRIVE LANE8.5' PARKING10' PLANTER/RETENTION5' SIDEWALKL 27.00'54'PRIMARY RESIDENTIAL TYPICAL SECTIONPLPLCL22.00'11.00'11.00'5.00'5.00'ALLEY TYPICAL SECTION2.00'5.00'4.00'8'PARKINGLANE12' DRIVELANE12' DRIVELANE20.50'47.50'NEIGHBORHOOD RESIDENTIAL TYPICAL SECTIONPLPLCL2.00'5.00'4.00'60.00'15.5'9.5'8.0' DRIVELANE7'PARKING50.0' ROW25.00'8' DRIVELANE7'PARKINGBUILDING BUILDING LINE TABLENUMBERL1L2L3L4L5DIRECTIONN 1°27'11" WN 1°27'11" WN 2°45'35" WS 6°32'40" WN 83°27'20" WDISTANCE19.29'16.30'27.65'31.83'19.47'CURVE TABLENUMBERC1C2C3C4C5C6C7C8C10C11C12C13C14C15C16C17C18C20C21C22DELTA ANGLE6°36'29"2°38'36"90°18'08"3°30'01"5°50'57"1°14'30"4°02'44"6°36'29"105°01'18"81°58'54"3°15'01"1°27'38"1°38'07"90°19'45"89°40'15"32°36'02"31°32'25"12°39'17"5°11'02"5°40'45"CHORD DIRECTIONN 87°05'20" WS 2°46'29" ES 43°41'53" WS 3°26'17" ES 7°53'41" ES 11°26'25" EN 88°22'12" WN 87°05'20" WN 37°52'55" WS 48°37'13" WN 88°30'21" WN 86°09'01" WN 84°36'09" WN 38°37'13" WS 51°22'47" WS 14°50'50" WN 15°22'38" EN 13°57'25" EN 22°52'34" EN 28°18'28" ETANGENT60.62'6.23'10.05'15.60'19.24'2.74'21.19'57.73'39.11'26.07'26.95'12.11'13.56'20.12'19.89'58.49'56.48'25.50'10.41'11.41'RADIUS1050.00'270.00'10.00'510.45'376.50'253.00'600.00'1000.00'30.00'30.00'950.00'950.00'950.00'20.00'20.00'200.00'200.00'230.00'230.00'230.00'ARC LENGTH121.10'12.46'15.76'31.18'38.44'5.48'42.37'115.33'54.99'42.93'53.89'24.22'27.11'31.53'31.30'113.80'110.10'50.80'20.81'22.80'CHORD LENGTH121.03'12.46'14.18'31.18'38.42'5.48'42.36'115.27'47.61'39.36'53.89'24.22'27.11'28.37'28.20'112.27'108.71'50.70'20.80'22.79'C23C24C25C26C27C28C29C30C31C32C33C34C35C36C37C38C39C40C41C4216°31'07"2°40'48"22°34'04"7°21'10"3°57'33"20°19'53"8°18'37"102°27'59"77°32'01"91°48'49"88°11'11"90°00'00"82°00'09"90°00'00"90°00'00"18°36'21"18°36'20"12°28'49"4°53'01"90°00'00"N 22°53'17" ES 29°48'27" WS 17°11'01" WS 2°13'24" WS 0°31'35" WS 12°40'18" WS 26°59'33" WN 31°51'30" WS 58°08'30" WN 37°11'05" WS 52°48'55" WN 51°32'40" ES 42°27'16" ES 38°27'20" ES 51°32'40" WS 2°45'31" ES 2°45'31" ES 4°34'46" ES 4°06'09" WN 38°27'20" W24.68'5.38'45.89'14.78'5.88'30.48'12.35'12.45'8.03'10.32'9.69'20.50'17.82'20.50'20.50'33.25'37.35'27.66'10.79'20.50'170.00'230.00'230.00'230.00'170.00'170.00'170.00'10.00'10.00'10.00'10.00'20.50'20.50'20.50'20.50'203.00'228.00'253.00'253.00'20.50'49.01'10.76'90.59'29.52'11.75'60.32'24.66'17.88'13.53'16.02'15.39'32.20'29.34'32.20'32.20'65.92'74.04'55.11'21.56'32.20'48.84'10.76'90.01'29.50'11.74'60.01'24.64'15.59'12.52'14.36'13.92'28.99'26.90'28.99'28.99'65.63'73.71'55.00'21.56'28.99'C43C44C45C46C47C48C49C50C51C52C53C54C55C56C57C5890°00'05"3°27'53"8°00'22"11°28'15"2°28'11"5°45'24"90°00'00"97°59'51"89°41'52"4°29'56"2°38'36"2°38'36"8°00'22"3°30'31"6°05'36"11°16'13"S 51°32'40" WS 4°46'05" WS 0°58'02" ES 0°45'55" WS 0°27'11" ES 3°39'37" WS 38°27'20" EN 47°32'44" ES 46°18'07" ES 88°08'36" ES 2°46'29" ES 2°46'29" ES 0°58'02" ES 4°47'24" WS 3°29'51" WS 5°11'03" E20.50'14.38'33.28'50.27'11.00'25.67'20.50'23.58'9.95'25.53'6.92'7.61'26.35'11.53'18.87'34.98'20.50'475.50'475.50'500.50'510.45'510.45'20.50'20.50'10.00'650.00'300.00'330.00'376.50'376.50'354.50'354.50'32.20'28.75'66.44'100.20'22.00'51.29'32.20'35.06'15.66'51.04'13.84'15.23'52.61'23.05'37.70'69.73'28.99'28.75'66.39'100.03'22.00'51.27'28.99'30.94'14.10'51.02'13.84'15.22'52.57'23.05'37.68'69.62'C59C6010°50'03"13°40'32"S 78°22'04" ES 76°56'49" E118.53'137.90'1250.00'1150.00'236.36'274.48'236.01'273.83'ReflectionRidgeExhibit3 Reflection Ridge at Harvest Springs Phase 1 Preliminary Plat Narrative Located on the north end of the Portneuf Valley, Harvest Springs is a community with purpose. It is designed to inspire creativity and bring people together. At Harvest Springs, community matters, diversity is the design, and the outdoors and town square are around the corner. Harvest Springs will be an exciting, vibrant place to live. The variety of home styles offered will provide quality options for people of all ages. Parks, shared play areas, front porches, and trails are designed to provide neighborly interaction. Defining features include a small lake, walking and biking trails, and open space that borders many homes as well as a commercial center located within walking or biking distance of the entire neighborhood. The town center and abundant community amenities provide a home-town, neighborly atmosphere and everyday conveniences that make life simple. Through the recently submitted Creative Community Zone, Harvest Springs will have a unique zoning ordinance and the proposed design at Reflection Ridge will comply with that ordinance. The Reflection Ridge neighborhood will be mostly residential properties, with a mix of small neighborhood stores, community facilities, and open space. Harvest Springs Lake will be a park area built and dedicated to the City of Chubbuck. The pocket parks will be held by the association as common property, and the overall open space for the subdivision will be a combination of dedicated lands and association held lands. The construction of Harvest Springs Blvd gives access into the community from Hiline Rd, and the new street is designed to handle the traffic for the entire development. This street will eventually tie into the new Northgate Blvd to the south. Bicycle and pedestrian transportation routes will also be installed through a community wide trail system. This phase has a total of 74 subdivided lots with proposed uses as follows: Single Family Residential Lots (some with shared walls on the lot line): 64 Multi Family Residential Lots: 3 (from 8 plex to 12 plex units) Commercial Oriented Lots: 2 (Lots 2 and 4 Block 8 – east of the lake, restaurant and small grocery oriented store) Open Space Lots Dedicated to the City: 3 for a total of 9.28 acres Open Space Lots Held by Association: 2 for a total of 3.4 acres Total Open Space: 12.68 Acres Reflection Ridge Exhibit 4 Engineering Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us J:\Engineering\Development\Harvest Springs\Reflection Ridge ‐ HS Phase 1\Platting ‐ Land Use\Preliminary\1 submitted 8‐23‐ 19\Reflection Ridge Ph 1 Pre Plat ‐ Review SWH 9‐25‐19.docx September 25, 2019 RE: Reflection Ridge at Harvest Springs ‐ Phase 1 The Engineering Department has reviewed the preliminary plat for the above mentioned development and has the following comments: 1. The end of proposed alleys will require additional easement to supply adequate snow storage. 2. Provide easements on alleys south of Autumn Brook. 3. Alleys off of Reflection Ridge and Rolling Hills do not match typical section width. 4. Easements shown on alleys look to be 10’ on plan but are dimensioned as 5’ on typical section. 5. Show street names on typical sections to help clarify which are which. 6. Provide note indicating lots 2 – 7, block 1 may require additional fill prior to home construction. 7. Provide street names for alleys. 8. Revise fire hydrant locations to meet spacing requirements per City Code. 9. Provide twenty four foot (24’) minimum throat width at all intersections. 10. Show urban approaches to all alleys. 11. Curb geometry revisions at intersections may be required at final design. The Engineering Department recommends the above comments be addressed by the applicant prior to approval of the preliminary plat. If there are any questions regarding this matter that remain unanswered, please feel free to contact me. Sincerely, Sean Harris Senior Engineer Tech. Reflection Ridge Exhibit 5 Planning & Development Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us September 26, 2019 Re: Reflection Ridge at Harvest Springs – Phase 1 The Planning and Development Department has reviewed the preliminary plat for Reflection Ridge – Phase 1 and has the following comments: 1. Floodplain: a. Block 1 lot 2 in floodplain – will require either CLOM-R or determination of BFEs for lot prior to final plat since development is over 5 acres. Removing this buildable lot could remove this requirement. Does the lot have a building envelope that fits? b. How will floodplain be adequately conveyed across Harvest Springs Boulevard? i. BFEs and H&H will need to be done prior to final plat or receive CLOM-R/LOM-R. 2. Note 8 – misspelling of “their” 3. Intersection of Hiline and Harvest Springs Boulevard a. As shown is ok for preliminary plat, but City is contracting with traffic engineer for a regional TIS; based on the TIS, additional intersection improvements may be required. i. Can condition this plat as such ii. Intersection is off-plat – this would be a required off-site improvement in coordination with Northside Crossing 4. Alley Typical Section – reverse crown is preferred by Streets Superintendent, unless drainage will be retained on site, etc. 5. Typical Section for Primary Residential streets – the sidewalk and landscape strip on the left side is shown as 47.5’ – should it be 10.5’? Sincerely, Don Matson, AICP Senior Planner J:\Engineering\Development\Harvest Springs\Reflection Ridge - HS Phase 1\Platting - Land Use\Preliminary\1 submitted 8-23-19\Reflection Ridge Ph 1 Pre Plat - Review DM-DH 9-25-19.docx Reflection Ridge Exhibit 5 Exhibit 6a: Comprehensive Plan Future Land Use Map Reflection Ridge at Harvest Springs Phase 1 Hiline RdNew Day Blvd TyheeRd Northgate Interchange Subject Property Harvest Springs Exhibit 6b: Current Zoning/Land Use Districts Map Reflection Ridge at Harvest Springs Phase 1 Hiline RdNew Day Blvd TyheeRd Northgate Interchange Subject Property Harvest Springs Exhibit 7a: Evidence of Notice – Site Postings Reflection Ridge at Harvest Springs Phase 1 Adddendum C - Design Book Reflection Ridge Exhibit 8 ii ARCHITECTURAL GUIDELINES ........................................................................................................................................ 15 SETBACKS ...................................................................................................................................................................................................... 15 ALLOWED ENCROACHMENTS INTO SETBACKS ........................................................................................................................................ 15 Measurement of Setbacks .................................................................................................................................................................... 15 Determining Residential Setbacks on Irregular Lots ............................................................................................................... 15 Alternative Lot Configurations .......................................................................................................................................................... 16 Minimum Building Sizes and Footprints ....................................................................................................................................... 16 MATERIALS ................................................................................................................................................................................................... 16 AIR CONDITIONING COMPRESSORS .......................................................................................................................................................... 17 CHIMNEYS, CLADDING, & STORM DOORS ................................................................................................................................................ 17 COLOR ............................................................................................................................................................................................................ 17 COLUMNS ...................................................................................................................................................................................................... 17 DRIVEWAYS .................................................................................................................................................................................................. 17 FRONT DOORS, GARAGE DOORS AND STORM DOORS ............................................................................................................................ 17 GRADING ............................................................................................................................................ ERROR! BOOKMARK NOT DEFINED. GREENHOUSES ............................................................................................................................................................................................. 17 GUTTERS AND DOWNSPOUTS .................................................................................................................................................................... 17 PORCH AND STAIR RAILINGS ..................................................................................................................................................................... 17 ROOFS ............................................................................................................................................................................................................ 17 SOFFITS ......................................................................................................................................................................................................... 18 SOLAR PANELS ............................................................................................................................................................................................ 18 TRELLIS AND PERGOLAS ............................................................................................................................................................................. 18 TRIM .............................................................................................................................................................................................................. 18 WINDOWS ..................................................................................................................................................................................................... 18 EXAMPLES OF SMALL LOT HOMESEXAMPLES OF MEDIUM AND LARGE LOT HOMES EXAMPLES OF MANSION TYPE HOMESADDITIONAL GUIDELINES ................................................................................................... 19 ARCHITECTURAL LIGHTING ....................................................................................................................................................................... 22 DOG RUNS ..................................................................................................................................................................................................... 22 FLAG POLES & GARDEN STRUCTURES ..................................................................................................................................................... 22 OUTDOOR PATIO FURNITURE .................................................................................................................................................................... 22 PLAY ELEMENTS (SWINGS, SLIDES, TRAMPOLINES, ETC.) ................................................................................................................... 22 SHADE COVERINGS/SHADE SAILS/SCREENS .......................................................................................................................................... 22 SHEDS ............................................................................................................................................................................................................ 22 SHUTTERS ..................................................................................................................................................................................................... 22 SPORT COURTS ............................................................................................................................................................................................. 22 VEGETABLE GARDENS ................................................................................................................................................................................. 23 RECREATIONAL WATER FEATURES (POOL, HOT TUB/SPA, POND, ETC.) ........................................................................................ 23 WINDOW BOXES .......................................................................................................................................................................................... 23 APPENDIX ............................................................................................................................................................................... 24 DEFINITIONS ................................................................................................................................................................................................ 24 EXAMPLE OF SMALL LOT HOMES FACING COMMON GROUND CONFIGURATION ................................................................................ 25 Reflection Ridge Exhibit 8 1 Harvest Springs Vision Located on the north end of the Portneuf Valley, Harvest Springs is a community with purpose. It is designed to inspire creativity and bring people together. At Harvest Springs, community matters, diversity is the design, and the outdoors and town square are around the corner. Harvest Springs is an exciting, vibrant place to live. The variety of home styles offered provide quality options for people of all ages. Parks, shared play areas, front porches, and trails are designed to provide neighborly interaction. Defining features include a small lake, walking and biking trails, and open space that borders many homes as well as a commercial center located within walking or biking distance of the entire neighborhood. The town center and abundant community amenities provide a home-town, neighborly atmosphere and everyday conveniences that make life simple. With magnificent views of the Pocatello foothills and Chubbuck’s city lights, Harvest Springs has a serenity illuminated by morning sunrises and silhouetted by warm, Idaho sunsets. With its combination of recreation and the natural beauty found from gentle slopes, and breathtaking bluffs, Harvest Springs provides a favorite place for people in all stages of life to call home. The Architectural and Landscaping Design Guidelines are meant to help architects and homeowners capture this warmth and vision when designing for Harvest Springs. The specific guidelines outlined in this document help achieve this vision for the neighborhood. Design guidelines provide an opportunity to enhance the community character through the consistent application of style and materials. They also enhance the pedestrian experience of a community by including visually interesting and safe places to walk and socialize. Reflection Ridge Exhibit 8 2 Residential Landscape Guidelines Planting Requirements All yards must have plantings surrounding the following locations: • Foundations • Fences • Alley/Lane Plants spaced 3 to 5 feet apart on center are required in areas that line shared open spaces unless otherwise specified below. All planting areas must contain ample top soil and 2 inches of organic mulch or rock mulch. Weed control fabric is not required in planting beds. However, a pre-emergent weed control product is recommended. There must be a continuous edge between the plant bed and lawn. Foundation Plantings Foundation plantings are required at the base of houses and garages. Foundation planter beds should be a minimum of 2 to 5 feet wide and screen the foundation with densely-planted shrubs. Plantings should be planted at denser-than-normal spacing to ensure good foundation coverage. Foundation plant layering Plantings should reflect a vertical layering effect composed of low, medium and tall plant material. Plant layering should terrace upward as it approaches a structure (house) with the tallest material next to the structure. For example: • Low = lawn and ground covers • Medium = perennials and smaller shrubs • Tall = foundation shrubs and hedges Fence Plantings Fence plantings must provide a minimum 2 foot wide foundation planter at the exterior of the fence’s base, except when the exterior planter bed would be located on the adjacent owner’s property. It is highly recommended for an interior 2 foot wide planter bed to be installed at the base of the fence to prevent grass from “running” under the fence of neighboring properties. Plant Spacing is dependent on each specific plant type. See Specific Plant Requirements (pg 6). Yards Located on Bluffs Must be maintained in landscaped condition. Side-Yard of homes that line front yard common areas If side yard is fenced, artificial turf is allowed in side yard area. Reflection Ridge Exhibit 8 3 Lawns should be no closer than 2 feet from foundations and fences Alley/Lane Plantings Alley/lane planting zones must be landscaped. These zones are the 3 feet between the rear yard fence and the alley/lane paving. This area must be landscaped whether or not a fence is installed. Alley/lane planting zones must utilize shrubs and perennials that do not exceed 4 feet in height and are tolerant of salt and snow loads. • Plant material minimum size requirements in the alley/lane planting zones are: • 1 gallon shrubs • 4 inch pots for perennials and ground covers. Reflection Ridge Exhibit 8 4 Commercial Landscape Guidelines Landscape Materials New landscape materials shall include species native to the area or non-invasive naturalized species that have adapted to those climate conditions. Landscaping may include water features, rock, wood, walls, fences and other similar decorative materials and artistic features. Right-of -Way and Associated Landscape Tracts One street tree per each 30 lineal feet of street frontage is required. In addition, trees can be staggered, and/or planted in drifts or groves so long as the total number of required trees is provided. Street trees must be a minimum caliper of 1.5-inches diameter at breast height. Medians and planter strips Landscaping within planter strips adjacent to parking spaces must include a low growing plant palette with a variety of textures, such as, but not limited to, low grasses, groundcovers and perennials. Irrigation is required. Rock mulch may be no more than 3” in size and must be neutral in color. Shrubs and ground covers may be planted in drifts, or as appropriate for stormwater quality/low impact development. Parking Lots The purpose of parking lot landscaping is to soften the visual appearance, soften views of parking lots, add shade and reinforce safe pedestrian access to buildings and connecting sidewalks. Parking lots with 12 or more stalls shall include: • One tree for every six stalls located in islands or perimeter landscaping; and • Total of all interior landscaped areas shall be at least 10 percent of the total parking area (including parking, maneuvering and loading areas) All landscape areas must be planted with landscape materials except where pedestrian access is provided. Landscaping adjacent to parking spaces must include a low growing plant palette with a variety of textures, such as, but not limited to: • Low grasses, ground covers and perennials; and • A landscape area shall be provided at the end of parking aisles; • Minimum width of all landscape areas is 4 feet. • A reduction in width of up to two (2) feet may be allowed for interior landscape areas (not adjacent to right-of-way) • A minimum six-foot wide perimeter of landscaping is required adjacent to rights-of- way, except where vehicular ingress and egress is proposed. The perimeter landscaping may include decorative walls, solid fences or vegetation to obscure views of parking areas. Maintenance of Commercial Landscape To the extent necessary to remain healthy and attractive, all non-native landscaping shall be watered, weeded, pruned, freed of pests, and replaced as necessary. Shrubs near parking lots or driving lanes shall be cropped to prevent blockage of vision necessary for safe driving. Reflection Ridge Exhibit 8 5 Shrubs shall not be allowed to grow so as to block public sidewalks or required pedestrian walkways. Timing of Landscape Improvements Parking lot landscaping must be bonded for or in place prior to occupancy of the building or use for which it is required. Easements Public Utility Easements A public utility easement provides utility companies the right to install, maintain, operate, repair, remove, replace, or relocate public utility facilities. Swale Drainage Easements A drainage swale is identified by its shaped and sloped depression in the soil surface that is engineered to convey water run-off to a desired location and cannot be blocked, obscured or covered. Not all lots have a Swale Drainage Easement. If a lot has a drainage swale, it will be shown on the lot-specific site plan and/or recorded plat that may be provided by the home builder or the City of Chubbuck. Reflection Ridge Exhibit 8 6 Specific Plant Requirements: Lawn Lawn is preferred but not required. However, when provided, lawn areas must be large enough for practical use (minimum of 5’ wide) and be located no closer than 2 feet from foundations (house and garage) and 2 feet from fences and tree trunks. Lawn must not exceed 60% yard coverage. Shrubs Minimum size at installation is 3 gallon; 1 gallon in alley planting zones. Shrub Spacing: varies depending on species type; never more than 5 feet on center. Planting plans are encouraged to have a mix of both evergreen and deciduous plants for year round visual interest. Annuals Annuals are permitted, however, limited to 25% of planter bed and must be dispersed throughout the planting area with perennials and shrubs for year round coverage. Hanging plant baskets and pots are allowed on the front porch. Trees Front Yards Installed by builder prior to closing and becomes the homeowners responsibility to maintain as part of their lot. • Must contain a minimum of 1 deciduous tree in addition to trees located in the park strip. • 1 1/2 inch caliper minimum. Park Strip Installed by builder however, homeowner is responsible to maintain once you have closed on the home. • 1 1/2 inch caliper minimum All Trees A minimum of 2 feet mulched radius tree ring or rectangle from curb to sidewalk is required at the base of the tree and must be consistent with the edging in the yard. Evergreens must be at least 6 feet in height at installation. Tree spacing is dependent on species type. Hedges Hedges are permitted on all lots and must be maintained on a regular basis. Paving Permitted materials for the center of a Hollywood drive include lawn, brick, pavers, stamped concrete and ground cover. Stained color concrete is acceptable; however, painted concrete is not allowed. Paved patios and decks must reflect the architecture of the home. Reflection Ridge Exhibit 8 7 Prohibited Plants and Trees Most plants and trees are permitted in Harvest Springs however; below is a list of species that are prohibited on residential properties due to their noxious and evasive growing habits. Cottonwood Palm Trees Russian Knapweed Hoary Cress Musk Thistle Diffuse Knapweed Russian Olive Tree Yellow Starthistle Spotted Knapweed Squarrose Knapweed Canada Thistle Field Bindweed Bermudagrass Quackgrass Leafy Spurge Dyers Woad Perennial Pepperweed Purple Loosestrife Scotch Thistle Siberian Elm Swedish Aspen Trees Perennial Sorghum Johnsongrass Medusahead Reflection Ridge Exhibit 8 8 Examples of Permitted Evergreen Trees and Shrubs Baby Blue Eyes Spruce 30' x 15' Weeping White Spruce 30' x 10' Columnar Blue Spruce 20' x 8' Fat Albert Spruce 15' x 10' Blue Rug Juniper 8' x 8' Bird's Nest Spruce 2-8' x 3-12' Winter Gem Boxwood 4' x 3' Dark Green Spreader Yew 4' x 4' Reflection Ridge Exhibit 8 9 Examples of Permitted Deciduous Trees and Shrubs Paul's Scarlett Hawthorne 20' x 22' Crimson King Maple 40' x 30' Pacific Sunset Maple 30' x 30' Chanticleer Ornamental Pear 30' x 10' Crimson Pointe Ornamental Plum 30' x 10' Indian Magic Ornamental Crabapple 20' x 20' Newport Ornamental Plum 30' x 25' Greenspire Linden 40' x 30' Reflection Ridge Exhibit 8 10 Comlumnar Norway Maple 50' x 35' Spring Snow Ornamental Crabapple 25' x 25' Imperial Honeylocust 40' x 40' Red Leaf Royal Raindrops Ornamental Crabapple 15' x 15' Swedish Columnar Aspen 40' x 10' Regal Prince Oak 40' x 20' Tallhedge Columnar Buckthorn 12' x 4' Ivory Halo Dogwood 6' x 6' Burning Bush 6' x 6' Reflection Ridge Exhibit 8 11 Anthony Waterer Spiraea 4' x 3' Goldflame Spiraea 3' x 3' Rosy Glow Barberry 4' x 4' Black Knight Butterfly Bush 6' x 5' Peking Cotoneaster 10' x 10' Goldtide Forsythia 2' x 4' Oakleaf Hydrangea 4' x 4' Dwarf Korean Lilac 4' x 4' Reflection Ridge Exhibit 8 12 Signage and Monumentation Examples of Potential Signage and Monumentation Example monumentation for streets and divisions Example monumentation for houses Example monumentation for trail markers and street signs Example of Neighborhood Monumentation Example of Trail Marker Signs Example of Street Signs Reflection Ridge Exhibit 8 13 Fencing Guidelines Fences help to define the edges of yards and give privacy to side and rear yards. They are considered background elements that help to highlight landscaping and architecture. Applications must include a plan depicting where the exact location of the fence is being proposed Front Yard 6 foot Privacy fences are not permitted in front of corner lots. 36 inch picket fences are permitted. All front yard fencing should be consistent with the architectural style of the house. Rear Yard & Interior Side Yard Rear yard & Interior side yard fencing is optional. • Maximum height 72 inches from finish grade on high side of yard; Setback Requirements • 36 inches from alleyway Variances for setbacks may be approved on a case by case basis by the Architectural Review Committee (ARC). Street Side Yard Fencing (Single Residence) Side yard fencing is optional Maximum height is 36 inches and picket style; Setback Requirements • 24 inches from sidewalk Street Side Yard Fencing (Townhomes and/or Condominiums) Side yard fencing is optional however, special lot conditions apply. Trash Enclosures Trash enclosures screen trash and recycling receptacles from common views. Trash enclosures should be of similar form, material and color as the privacy fence. Screening must exceed the height of the receptacle by 1 foot and must not exceed a height of 6 feet. Trash containers may be kept behind a fence or in the garage if a trash enclosure is not preferred. Fence Design Requirements Required elements; pilasters (posts); horizontal rails at bottom, waistline, and top; and infill boards called the “main body” and “upper body”. Except for pilasters, all fencing components should be visually consistent with common lumber sized and construction. Fencing may be site- constructed or prefabricated, in module widths between 6 and 9 feet. Depending on the slope of the lot, the ARC will determine whether fence stepping is required or whether fence sloping will be allowed. Fence design may be altered depending on architectural styles. Note that all fence installations must be approved by the Architectural Review Committee prior to installation. Reflection Ridge Exhibit 8 14 Pilasters Pilasters should be sized appropriately to their material; for example, wood products in 6 x 6s. Caps Caps on pilasters are required and need to match the fence style. Fence Rails Rails must be expressed externally to the body on the public side of the fence along alleyways, parks, streets and open spaces. Bottom and waistline rails must be at least 4 inches on the vertical, and are commonly 1 x 4 or 1 x 6 members. Top rails are often smaller elements, in keeping with a finer scale in the upper body. Rails must be 4 inches wide and 3⁄4 inch thick. The main body of the fence may fully block views in order to create privacy in back yards. The upper body is located in the top 18 inches to 24 inches of the fence, and may be solid when facing other lots. Reflection Ridge Exhibit 8 15 Architectural Guidelines It is a general rule that all architectural modifications must complement/match the current architectural style of the home. Setbacks Required Setbacks Land Use Front Yard (Min./ Max) Side Yard Side Yard- Corner Lot Rear Yard Garage (Street Loaded) Garage (Alley Loaded) Residential 10’- 25’ 6’ 10’ 5’ 15’ 5’ Village 10’- 25’ 6’ 10’ 5’ 15’ 5’ Town 10’- 25’ 6’ 10’ 5’ 15’ 5’ Business and Research Park 10’- 25’ 6’ 10’ 5’ 15’ 5’ All setbacks listed here should be compared to Chubbuck City Code Creative Community- Harvest Springs (CC-HS) and preference should be given to the city code. Allowed Encroachments into Setbacks Uncovered decks, patios, walkways, and other minor structural elements less than 30 inches in height; and fences six (6) feet in height or less; are exempt from setback requirements. Retaining walls, rockeries and heat pumps and other similar mechanical/landscape features are allowed within setbacks. Balconies above the first floor may intrude into setbacks up to 2 feet subject to applicable construction codes. Chimneys and fireplaces, accent walls or pilasters, bay windows, eaves and other similar minor structural or architectural elements may encroach up to 2 feet into setbacks subject to applicable construction codes. Measurement of Setbacks Setbacks are measured from the outside wall of the foundation of a structure to the property line in a perpendicular fashion. Determining Residential Setbacks on Irregular Lots Irregular Lots are defined as lots that are non-rectangular, lots with three sides, or more than four sides and require special measurement techniques in order to achieve the purpose of the specific setbacks: Reflection Ridge Exhibit 8 16 • Front Setbacks: Front setbacks shall be measured from the property line that abuts the street from which the lot is addressed or takes primary access. For an alley loaded lot, the setback is measured from the lot line furthest from the alley. • Rear Setbacks: In the case of an irregularly shaped lot, a ten-foot line which is within the lot and parallel to and most distant from the front lot line shall be considered the rear lot line. • Side Setbacks: All lot lines, which are not front or rear lot lines, shall be considered side lot lines. • Pie-Shaped Lots: Setbacks on pie-shaped lots shall be measured at the closest point between the proposed building and the angled lot line, perpendicular to that lot line. • Cul-De-Sac Lots: Setbacks shall be taken from the nearest proposed foundation corner, and measured perpendicular to the property lines. • Flag Lots: A flag lot is a lot so shaped that the building area (the “flag”) is not adjacent to the street or alley on which the lot fronts, and which includes an access strip (the “pole”) connecting the building area to the street or alley. Setbacks shall be applied at the enlarged area of the lot (“flag”), and front and side yard setbacks shall be a minimum of five feet; whereas rear setbacks shall be a minimum of five feet. Alternative Lot Configurations In order to promote creative and unique site designs, alternative lot configurations are allowed within Harvest Springs. Alternative lot configurations include, but are not limited to: • Zero lot line developments: • “Z” lot configurations: • Small Lot on Common Ground Configuration See small lot on common ground in appendix Minimum Building Sizes and Footprints Housing types: • Mansion Homes (Duplex, Triplex, Fourplex, etc.), • Small Lot Homes (1 unit on a lot less than 8,000 square feet), • Large Lot Homes (1 unit of a lot equal to or greater than 8,000 square feet). Each housing type has unique minimum building size and footprint requirements. The table below details these minimum requirements. Home Type Minimum Building Sizes and Footprints Mansion Homes Minimum: 900 square foot of conditioned space per unit, excluding garages, porches, patios, and unfinished storage areas. Small Lot Homes Minimum: 1,200 square foot footprint above grade, excluding garages, porches, patios, and unfinished storage areas. Large Lot Home Minimum: 1,400 square foot footprint entirely above ground or 2,400 square foot combined level above ground Materials Building materials are to be used in a way that is true to their nature and enhances the quality and character of Harvest Springs. Siding (shingle, clapboard, tongue and groove), natural stone, or brick should be the primary building material. Stucco is a secondary building material. Reflection Ridge Exhibit 8 17 Materials should change only at appropriate locations, such as a change in the horizontal plane. Careful attention should be paid to the details of joints, soffits, and openings, particularly when using siding. Brick and stone, if used, should be used in a detailed, functional manner. Detailing should also be consistent on all exterior surfaces. Simple detailing to highlight structural elements such as eaves, windows, and doors is encouraged. Details should be appropriately scaled. Air Conditioning Compressors Should be placed in an inconspicuous location and screened from view of street if a traditional home or commons area. Chimneys, Cladding, & Storm Doors Must match the architectural style of the home. Color One or two colors should be used consistently on all sides of the house. All color modifications must match the style of home. Shifts in color are limited to the following locations; inside corners, horizontal breaks and changes in material, breaks between trim and wall plane, gable ends and accent panels, plane changes. All color modifications include a review of adjacent home colors (homes in the same visual corridor may not be the same color). Columns Must be consistent with the architectural style of the home. Driveways All residences must have at least a driveway for two vehicles. For rear loading homes extra driveway is required to park one extra vehicles. Front Doors, Garage Doors and Storm Doors Color and style must match the architectural design of the home. Greenhouses Greenhouses are permitted but not in front yards. Gutters and Downspouts Downspouts must blend into the main house color or match trim color. They must drain away from window wells and foundations. Porch and Stair Railings Vinyl, a paintable composite product, wood or metal material are permitted. There is a 4-inch maximum distance between porch balusters. Railings must be consistent with the architectural style of the home. Railing must complement home, exterior color and not be a focal point or distract from home. Roofs Roof Pitches should be a minimum grade for snow load purposes. Roof materials should be appropriate to the design and style of the house. Rake and eave styles and materials should Reflection Ridge Exhibit 8 18 coordinate. Roof penetrations and flat skylights may be placed on a roof not facing public thoroughfare. Dormers, if used, may have gable, hip, or shed roofs that work well with primary roof form. Soffits Material: Aluminum soffits and fascia materials, smooth fiber-cement boards, or tongue and groove. Soffit and fascia must match trim. Solar Panels Solar panels are permitted. They should be low profile and similar color to the roof so as not to stand out. Orderly, block formation placement, in the least visually distracting manner is highly recommended. Solar panel electrical boxes must match the surrounding exterior color of the home. Trellis and Pergolas Material and design must match the architectural style of the home. Trim Transitions between materials must be trimmed and flashed in a manner appropriate to the style. Windows The addition of windows must match existing windows on home. Windows must match the architectural style of the home. In small lot homes facing common ground windows on a zero line edge should only be placed 6.5 feet or above so as not to look out upon the side yard of neighbors. Windows facing away from the zero lot line and that look out on side yard are strongly encouraged to be large or plentiful in number. Reflection Ridge Exhibit 8 19 Examples of Small Lot Homes Reflection Ridge Exhibit 8 20 Examples of Medium and Large Lot Homes Reflection Ridge Exhibit 8 21 Examples of Mansion Type Homes Reflection Ridge Exhibit 8 22 Additional Guidelines Architectural Lighting Simple, low voltage, clear landscape lighting is permitted for practical night-time safety and pedestrian circulation. Fixtures should complement the architecture and encouraged to be downward firing to mitigate light pollution and nuisance to neighbors. Dog Runs Dog run fence enclosures must be wholly contained within a fenced yard. Evergreen shrub screening must be planted on sides that are viewed from neighboring property. Fence material must be black vinyl coated cyclone (chain link) fencing, limited to 6’ in height. A site plan showing the location of the proposed dog run enclosure, along with a drawing or product brochure of the dog fencing showing materials, dimensions. Demonstrating compliance with these guidelines must be submitted prior to the construction or placement of the dog run enclosure. Flag Poles & Garden Structures U.S and Novelty flags are permitted, but should not detract from the home or landscape. All garden structures should be sized, scaled, and proportioned to be consistent with the house’s architectural and landscape character and located in a manner which complements both. Outdoor Patio Furniture Outdoor furniture such as chairs, tables, settees or loungers that are designed for outdoor use are permitted. Weather-resistant materials that will not be damaged by exposure to rain, sun, snow or other outdoor elements and are acceptable. Play Elements (Swings, Slides, Trampolines, Etc.) Play elements are not allowed in front yards. Shade Coverings/Shade Sails/Screens This is considered a seasonal item and must be removed during the winter months. If it falls into disrepair or fading it must be removed. Retractable awnings must stay retracted during the winter months. Sheds All sheds, storage units, garages, etc., within street view are to have the same design and materials as the main dwelling. Shutters Must complement style and architecture of home If removal of shutters is proposed, window trim must be installed, if not present. If window trim is present, it must be removed before installation of shutters may occur so there is not a gap present. Sport Courts Sport Courts including but not limited to basketball courts are considered a major modification and are subject to the Design Review process. Reflection Ridge Exhibit 8 23 Vegetable Gardens Visible vegetable, herb, and cut flower gardens must be maintained in a weed free manner. They may not be allowed to remain fallow for more than 6 months of the year. Recreational Water Features (Pool, Hot Tub/Spa, Pond, Etc.) Recreational water features are not allowed in front yards. Pools, hot tubs, spas, etc. must be screened from public view. Window Boxes Must complement the architectural style, color, proportion of windows and character of home. Reflection Ridge Exhibit 8 24 Appendix Definitions Annual: Plant that lives only one growing season. Boulder: A large rounded mass of rock at least 24 inches in width. Caliper: The diameter (width) of a tree measured at 6 inches above the base or root of the tree. Composite I.e.: composite railing is generally made of material such as plastics and very fine wood saw dust, which are mixed and compressed with intense pressure and heat. This must be specific to architectural style, paintable, simulating wood. Deciduous: A tree that sheds or loses leaves at the end of the growing season. Edger/Header: A continuous edge between lawn and planting bed. Fallow: Not in use; inactive. Hollywood Drive: A strip of paving or planting area in the center of the driveway. Impervious: A surface that does not allow water to pass through. Opacity: A degree to which a substance is not transparent or translucent. Park Strip: The space between the curb and the sidewalk. Perennial: A plant that lives more than one growing season throughout the years. Pergola: An arbor formed of trelliswork supported on columns or posts, over which vines or other plants are trained. Permeate/Permeable: To pass through or into. Pervious: A surface that permits water to pass through. Terrace: A raised level with a vertical or sloping front or sides faced with masonry, turf, or the like, esp. one of a series of levels rising one above another. Trellis: A structure of open latticework especially one used as a support for vines and other creeping plants. Variance: An official permit granted by the Architectural Review Committee and the Board of Directors to allow something that is normally not permitted by regulations. Vinyl: A synthetic, plastic or PVC made using synthetic plastics, such as polypropylene, nylon, polythene (polyethylene) or from various recycled plastics. Reflection Ridge Exhibit 8 25 Example of Small Lot Homes facing common ground configuration Reflection Ridge Exhibit 8