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HomeMy WebLinkAbout04 14 2020CHUBBUCK 1 0 R H 0 City of Chubbuck Land Use and Development Commission Regular Meeting April 14, 2020 7:00 PM Due to the declared COVID-19 emergency, this meeting will be held via web and teleconference ONLY via the following options: 1) Web -conference (no webcam is necessary to participate): https://zoom.us/a/662474783 2) Telephone: +1669 900 6833 US +1346 248 7799 US Meeting ID: 662 474 783 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting. AGENDA CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. APPROVAL OF MINUTES March 10, 2020 (Action Item) I1 14: 11-111.11010 1. An application for a Change in Land Use District from Agricultural (A) to Limited Commercial (C- jJ on approximately 8.71 acres of land. Subject property is in the Northwest % of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the Southeast corner of Philbin and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of Action: Recommendation to City Council. (Action Item) 2. An application for a Conditional Use Permit for a self-service storage facility with a watchman's residence in a Limited Commercial (C-1) on approximately 8.71 acres of land. Subject property is in the Northwest % of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the Southeast corner of Philbin and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The property is currently zoned as Agriculture and a change in land use district application for C-1 has been received; if the conditional use permit is approved, a necessary condition will be that it will not take effect unless the change in zoning is approved by the City Council. Type of Action: Commission decision. (Action Item) 1 3. An application for annexation of approximately 87 acres of land into the City of Chubbuck and to include the property in the Creative Community -Northside Crossing (CC -NC) Zone. The Comprehensive Plan Future Land Use map designates this area as Employment. Property is in the East % of Section 34, Township 5 South, Range 34 East of the Boise Meridian, Idaho. The affected area is generally located east of the Union Pacific Railroad and south of Tyhee Road. This area is noted for expansion of the Northside Crossing Creative Community in its approved Master Development Plan. Type of Action: Recommendation to City Council. (Action Item) Any person needing special accommodations to participate in the meeting should contact the Planning Director, Devin Hillam, at dhillam@cityofchubbuck.us at least 24 hours prior to the meeting. K /a0_t_fr1_\ - CHUBBUCK IORHa City of Chubbuck Land Use and Development Commission Regular Meeting March 10, 2020 7:00 PM City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Mike Schwartz, Vice -Chair Dan Stoddard, Brady Smith, and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Senior Planner Don Matson, Community Planning and Economic Development Director Devin Hillam, Planner Paul Andrus, Office Administrator Kami Morrison Mendenhall called the meeting to order at 7:09 pm asking Stoddard to lead the Commission in the Pledge of Allegiance. Mendenhall asked if any Commissioners had a conflict of interest within the items before the board tonight. Budge recused himself from Public Hearing Item #2. Smith recused himself from General Business Items #1 and #2. APPROVAL OF THE MINUTES: February 11, 2020 Mendenhall entertained a motion to approve the minutes as emailed. Stoddard moved the minutes of February 11, 2020 meeting be approved as emailed; Smith seconded. The full authority approved. PUBLIC HEARING 1. An application for Conditional Use Permit for a government facility (fire station); government facilities may be conditionally permitted in the C-1 Limited Commercial Zone. The subject property is approx. 2 acres and is generally located at 444 and 446 East Chubbuck Rd, Chubbuck, ID. (Action item) Chief J.R. Farnsworth, 1378 Saratoga, is the applicant. Purpose for the application is because North Bannock Fire District was created out of a need for fire protection in the district. District covers from Trail Creek on the west bench, north to the county line to Chinese peek/Barton road. They were in need of a central location. Ron Dykman offered property on 444 and 446 East Chubbuck Road. Location is very central to response area. Building has three bays and two offices, no modifications needed. Proposal is to use the buildings as well as acreage in the back for training and eventually house in front, once vacant, for fire fighter lodging. Budge asked about the impact on residential homes that border the property. Chief Farnsworth stated that to the west is a wedding reception place and they have been working stuff out with them. On the East side is a medical clinic so just have the back corridor which most responses shouldn't effect. They will go up to Hiline Road. May have a little noise from engines starting and training but stop all training by 10:00pm. Paul Andrus, Planner provided the staff report. Applicant has met requirements and is a conditionally permitted use. No questions from Commission. Mendenhall opened the public hearing. No testimony in favor. No testimony neutral. Elaine Hale, 4825 Whitaker Road, testified in opposition. The back of their yard is the east corridor of the property. Hoping they will be good neighbors. Stated that the Chief didn't address when they would turn on their sirens. Hale commented they don't want to be woke up in the middle of the night. Also unsure of what training activities consist of. They had problems with previous neighbors and trash collecting around the back of building. Hale also stated that they would frequently pull trucks up close to ditch bank and cave it in and water would then fill parking lot. Hale commented she hopes they are more careful about that and that they keep down the elm trees. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall asked Chief Farnsworth to the podium to answer questions. Mendenhall asked him to first address the sirens. Farnsworth stated their Standard Operating Procedure is to not run sirens unless there is a live threat. They also use common sense with them. No reason to run sirens at 3:OOam. Sirens are also not supposed to come on until they hit Chubbuck Road. In the middle of the night there is no reason to run sirens and he will be happy to hear if his staff does. Mendenhall asked about maintaining the property. Farnsworth stated they have volunteers to help with that and are also starting a Jr. Fire Fighter group that will also help. Regular fire crews will help and Farnsworth will be there Monday through Friday to help with those issues as well. Farnsworth stated that training activities consists of hose deployment, flows and water spraying and some saw training. Most training will occur on Saturdays. Training during the week will mostly be at night and inside station. Budge asked if they would be using lights during nighttime training. Farnsworth said they would use lights but that they are focused lights and can be directed to what they are working on and at an elevation to not shine into residences. Will conclude training before 10:OOpm. Budge commented that he thinks it's important to have a condition that restricts training to appropriate hours, maybe 8:OOam to 10:OOpm. As well as something that deals with making reasonable efforts to not disturb neighbors. Mendenhall entertained a motion. Budge moved to approve the conditional use permit with two conditions; first that training exercises will not occur after 10:OOpm or before 8:OOam and second that reasonable efforts be taken to restrict excessive light or noise to neighboring residential property owners. Stoddard seconded. With all Commission Members understanding the motion they voted. Roll Call Vote: Mike Schwartz, Yes; Dan Stoddard, Yes; Brady Smith, Yes; TJ Budge, Yes; Jason Mendenhall, Yes. Motion carried. 2. An application for Conditional Use Permit for light manufacturing, assembly and retail use in a C-2 General Commercial Zone. The subject property consisting of portion of Lot 1, Block 1 Pine Ridge Mall Re -Plat, generally known as 4235 Yellowstone, Chubbuck, ID. Type of Action: Land Use decision (Action item) T.J. Budge with Racine Olsen Law Firm, representing the applicant — ARX Ventures LLC. In January Budge came before the Commission on behalf of the same applicant to apply for a conditional use permit for the Shopko building for a light manufacturing business in that location. All Commissioners indicated they heard that presentation. Budge stated at that time they had a Letter of Intent to lease the Shopko building and there was essentially a handoff from the owner of the Shopko building to the owner of the mall. Shopko owners wanted to go a different direction and the mall owner was wanting to lease the Herbergers building with the exception of the Planet Fitness portion. At this point they no longer need the Shopko CUP and have signed a lease to operate in the Herbergers building. This would be the same business as previously discussed. Lot 1 block 1 encompasses only Herbergers building but is owned by owner of the rest of mall. Zoned C-2, general commercial. Lab research and light manufacturing both authorized with conditional use permits. Energy products will be manufactured. Anticipate several hundred jobs in the next two years to assemble products. Materials will then be shipped and at some point will have a retail outlet. Budge reviewed CUP criteria. Byproducts consist of pallet wood and cardboard. Air compressors will be used but other than that equipment is robotic and doesn't make much noise. Building is currently vacant so business will be good for community and surrounding businesses. None of whom oppose application. Previously there were questions about the effect on Gem Prep, they will now be further away from it. Noise and traffic are expected to be less than what Herbergers and ZCMI were operating. Minor remolding of interior, nothing on exterior. May be improvements to fagade in time. Did send out notice to neighboring properties and have not received any opposition. Smith asked about the loading and unload scenario. Budge stated they will have exclusive use of loading docks on Planet Fitness side. Upstairs space won't be used initially. Schwartz confirmed no outside storage. Budge noted that last time they did make a commitment that if the use was more intensive than what is presented that could be cause to come back before the Commission. The City has recommended that as an appropriate condition. Paul Andrus, Planner, confirmed that recommendation. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Stoddard moved to approve the Conditional Use Permit with the condition provided by City staff. Schwartz seconded. With all Commission Members understanding the motion they voted. Roll Call Vote: Dan Stoddard, Yes; Brady Smith, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes. Motion carried. 3. A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use Ordinance with a rewritten chapter 18.28 Administration, setting forth a new scope, procedures, requirements, and review and approval criteria for conditional use permits, variances, comprehensive plan amendments, title text and map amendments, annexations, appeals of administrative and land use and development commission decisions, and for requests for reconsideration of City Council decisions. (Action item) Devin Hillam, Planning and Economic Development Director, presented the item. Hillam gave a summary of the items. Proposal is a complete overhaul of the chapter. The current chapter has a number of deficiencies including being a little out of line with State Code, as well as some that are in State Code that are not currently in our code. They are working to correct those and to also add additional restrictions to make sure interests of the City and public are protected. Conditional Use Permit is one that they intend to align with Idaho Code requirements. Variance notice requirements were adjusted and administrative variance was added for minor variances. Comprehensive Plan, added standards for changes. Title amendment for zoning code and zoning map, would establish criteria and standards to align with Idaho Code with some additional items that make sure needs of adjacent property owners are considered as part of zone change. Annexation criteria will establish those procedures and add additional requirements they will look at when considering a property for annexation. Appeals section will add for an administrative appeal of Public Works or staff decisions and also create appeals process for LUDC decisions to City Council. It will also set process for a request for reconsideration of a decision by City Council, an applicant feels is inappropriate prior to going to district court. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Stoddard motioned to recommend that City Council adopt Chapter 18.28 Administration as presented Smith second. With all Commission Members understanding the motion they voted. Roll Call Vote: Brady Smith, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried. 4. A proposal by city staff to amend section 17.12.080.G of municipal code to change the review and comment timeframe for preliminary plats from ten (10) calendar days to ten (10) business days for reviewing agencies and utilities. (Action item) Devin Hillam, Planning and Economic Development Director, presented the item. Hillam stated about a year and a half ago they adjusted subdivision standards and processes and one of the items they tried to make work was the ten calendar day requirement for a preliminary plat review between city staff and other agencies. They have found that timeline is just too short. Some issues arise when they get an application on a Friday or there is a holiday on a Monday and they just don't have time to review it. Proposing 10 business days, impact is minimal but buys staff a day or two more to complete. Schwartz confirmed it would be city business days, Monday through Friday. Holidays and weekends excluded. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. Mendenhall entertained a motion. Smith moved to recommend approval to City Council to amend section 17.12.080.G of municipal code to change the review and comment timeframe for preliminary plats from ten (10) calendar days to ten (10) business days reviewing agencies and utilities. Schwartz seconded. With all Commission Members understanding the motion they voted. Roll Call Vote: Brady Smith, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried. GENERAL BUSINESS 1. An application for a preliminary plat for the Northside Crossing Subdivision, Division 4. Applicant proposes to subdivide 10.66 acres into 30 residential lots and 6 common area lots. Property is generally located on the west side of Hiline Road 1,300 to 2,500 feet north of New Day Parkway, Chubbuck, Idaho. A portion of Hiline Road and the Hiline Canal, approximately 250 feet long, are part of the proposed subdivision. Application will be evaluated against standards found in municipal code section 17.12.100. (Action item) Mitchel Greer, RMES, 600 E Oak, representing the applicant for Northside Crossing Division 4. Greer showed the master plan for Northside Crossing and stated they started the development down in the bottom corner on Whitaker road to facilitate the assisted living facility and 55 and active community. Are now in the north east corner and addressing those needs. They have made a few small changes on the south end, deviating away from city property as requested. An access was requested after so they added that in. Have a total of 36 lots but through the review process the breakdown of lots has changed. They have five open space lots; one canal pathway, one open space on each side of the road at the entrance and then two park areas, so actually 31 residential lots and 5 open space lots. Lot 3 in block 9 is intended to be a quad villa unit and will be re -divided after structure is on. Real breakdown is 30 single family, one quad villa and five open space lots. They have worked through the details with staff as far as how project will be serviced. Have temporary ponds at south end. As it progresses south temporary infrastructure will be terminated and extend to park areas. Lyn Yost, applicant, 13982 N. Rio Vista, stated they are finally getting to the residential phase of the project. They hope to start on division 2 that will provide utilities to the location. Yost briefly went over servicing of lots regarding alley load and side load. One of the conditions is a paved pedestrian pathway along Hiline Road on the west side. Yost stated they have always shown on the master plan greenway access and pathway along Hiline. The intent has been to utilize the canal for pedestrian activity. A pathway along the outside of the subdivision would parallel the canal pathway and in his opinion is duplicate. There are 7.1 miles of pathways inside the development. Yost said they already know a path will go down the canal and another on the opposite side of the canal in connection with the Harvest Springs development. Yost stated he is asking staff and the Commission to consider, if in event they find they don't have sufficient connectivity, then they can require construction of the path. Seeking TIF funds and would fall within that eligibility. Not in connection with original master plan and hoping to amend that. Budge asked about property lines. Yost said there are cases where property lines cross the canal and some cases they go to the middle of the canal. Yost stated they would need to grant Harvest Springs access across their ground to get into their development. Yost has had those conversations with Kevin Loveland and Ryan Satterfield. Lot 1 block 1 is the canal, and is not buildable. Space has been set aside for a pathway of 80 feet but would then essentially have 3 parallel pathways within 100 feet. Yost asked to not be required to put in the path now but in 10 years if it's needed, the City could come back and request the path. Yost stated he would sign a guarantee. Commission discussed Hiline staying a two- lane road. Would likely widen specifically for a turn lane then will narrow again. Right now, to tie new day together, there is pedestrian crossing on New Day and one at Tyhee. Currently accessed at Buffalo Creek. Within % mile, 4 access currently exist. Those will only be made more safe and developed over time. New day and Tyhee are the best locations for access. Yost said there are many interconnected paths within the development that tie all the pocket parks together. There are 7 miles of pathways, 23 miles of sidewalks so almost 30 miles for walkways. He doesn't want to see three pathways getting built and maintained. Is asking to revisit that in the future. Hillam addressed concerns and stated there is no dispute that there is lots of connectivity within the development. Staff is primarily concerned with external connectivity. Today the pathway is probably not justified, in the future it probably will be and there are some options they can work through. Hillam stated he agrees that three paths is excessive within that 100 feet but they need to make sure there is a way for the neighborhood to access adjacent neighborhoods safely and efficiently. Would like to set the base expectation of pedestrian connectivity. Can work it out with the applicant. Budge questioned how to defer that obligation and how to avoid risk if they wait and the developer doesn't have the money. Hillam stated it could be added as last item in the urban renewal plan and could use increment monies to plan as a project if needed. Not sure how that would be done outside of a TIF. Budge also asked if they could approve it with the condition it may be required to be constructed as part of a future phase. Attorney Holmes stated they would either need to require it or require reservation of the ground with the idea developer will not have to construct it, in which case it would only get built if in the TIF. No reason to use TIF money on this side if there's a path on the other side. At this point it is a low priority but reserving the option. Hillam stated that if a trail does get built on other side another option would be to fund a bridge across there. They are okay with keeping options open as it grows. Improvements to Hiline will be developer's responsibility. Don Matson, Senior Planner, other conditions listed on report are straight forward. Other issues will come up in construction plans such as the turn lane needed on Hiline. Matson discussed improvements to Hiline. Greenway will be dedicated as part of right-of-way so there will be potential space for path if necessary. Commission further discussed improvements to Hiline, turn lanes, curb and gutter, right -of way, etc. Matson stated those changes are based on the access management policy and engineering standards. Holmes stated they are used to seeing plats with a future plan for road widths and future right-of-way which this one doesn't show for Hiline so was causing some confusion. Brady Smith, RMES, further addressed improvements to Hiline. Smith stated once the design goes forward the turn in will be moved further west to make enough room for a turn lane. Curbing only at planned areas to make room for turn lane. Hiline continuing grade. At the entrance, will move that back radius coming back with curb. Moving radius back still leaves room for path. Just widen to accommodate the turn lane then narrow back again. Budge expressed concerns about forcing the developer to install pathway but does think it's important to have a path down Hiline. He also expressed concerns about the ability of TIF financing to be used. Budge stated his preference would be to defer improvement with the condition that the City has discretion to require it at a future phase. Doesn't want to force unnecessary expense. Holmes said that raises issues. Could have a different developer. Yost stated he still has to come back anyway so there would be plenty of other opportunities for it to be required and the sidewalk actually is not in this phase anyway. They can look at it in the phase that is adjacent to that pathway. Can get from division 4 internally to path along New. Whitaker path is already paved. Stoddard stated if they recommend as written by staff there is time to work out the details before the next Council meeting. Hillam stated they will figure it out regardless. The 85 feet will be dedicated regardless. Budge less concerned since there is the ability to get out at New Day and only dealing with little section at top. Can address in a future phase. Stoddard moved to recommend approval of the preliminary plat with conditions as outlined by staff. Schwartz seconded. With all Commission Members understanding the motion they voted. Roll Call Vote: TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried. 2. A request to modify the final plan for Antler Ridge PUD to change the location of amenities (Action Item) Mitchell Greer, RMES, prepared the drawing for the applicant. There is a park located and presented as part of original PUD plan. There have been concerns with the amount of water in that location. They are proposing to move the playground area and do improvements to sandbox area at the end of Polder Ln. Moving park equipment to a more centralized place can be used by residents and other public. Will complete a playground and pavilion of some sort and possibly a stationary barbeque pit area. Benefit for everyone to lump all improvements together. Stoddard asked if the former playground location will still be a landscaped catchment. Greer confirmed. Don Matson, Senior Planner, stated the pond has been landscaped. Not all buildings have been built, turf is there, no trees yet. Hillam added there is no opposition to requested plan. Budge about long term maintenance. Hillam stated applicant hasn't indicated he would maintain park but it's worth the discussion, right now they anticipate it as a city facility and would be city funded and maintained, just getting free amenities. Park there very underfunded could use investment and would benefit neighborhood. Schwartz, motioned to recommend approval of request to modify as proposed. Budge seconded. With all Commission Members understanding the motion they voted. Roll Call Vote: TJ Budge, Yes; Mike Schwartz, Yes; Dan Stoddard, Yes; Jason Mendenhall, Yes. Motion carried. STUDY SESSION 1. The Commission may review proposed city code text amendments by City Staff and provide input on the following sections of draft code: 18.20 Planned Unit Developments (PUDs) Chapter, 18.06 Definitions Chapter, and a new proposed chapter 18.10, relating to Accessory Dwelling Units (ADUs). Don Matson, Senior Planner, described additional changes made to the code and stated they are pleased with product now and are hoping they will be guiding tools to an applicant. Smith stated that changes look good. Mendenhall said they were much needed improvements. Hillam stated they hope to take it to a public hearing next month if the Commission is comfortable. Commissioners agreed they are ready. They also are planning for an ADU study session next month. Hillam also noted that as a primer to that conversation, as the Commission evaluates the draft, to keep in mind that the INL, Navy and Fluor will be hiring 5,000 construction jobs. Infill will be a major priority. 2. Staff will provide a Downtown Visioning Session Update and discuss the plan moving forward. Don Matson, Senior Planner, provided handout about downtown visioning session. Matson stated about 30 people attended a visioning session in January and looked at the process of developing downtown. The city has hired JUB Engineering that facilitated those discussions. First 4 pages are recommendations from JUB and the rest is summary of the workshop. Packet contains feedback that was received about themes, art and street furniture, lighting and streetscapes and mobility. All the information received was used in the recommendations. Matson stated they will be providing regular updates to the Commission. They are hoping that by October or November to have a base of the downtown plan. Once that plan is developed they will break down into funding mechanisms. Mendenhall asked about timeline for construction of City Hall. Hillam stated they are hoping it will begin in April with an18-month build. Mendenhall entertained a motion to adjourn; Schwartz made the motion. Stoddard seconded. All voted to adjourn at 8:56pm. Jason Mendenhall, Chairperson Kami Morrison, Office Administrator lao"�t\ CHUBBUCK I D A H O Memo Office of Community Planning & Economic Development PO Box 5604-5160 Yellowstone Avenue, Chu bbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: Land Use & Development Commission From: Paul Andrus Date: April 9, 2020 Re: Self -Storage requirements With respect to the requirements of City code for self -storage facilities regarding the Conditional Use for Bear River Storage I provide the following addendum to the Staff report for the meeting on April 14, 2020. 18.12.050: SUPPLEMENTAL CONTROLS FOR SELF-SERVICE STORAGE FACILITIES: A. Design Review Committee: All plans for self-service storage facilities whether to be constructed in a permitted or in a conditionally permitted area shall, prior to construction and issuance of the building permit, be submitted to the city's design review committee established in section 18.16.050 of this title for review and approval. The design review committee shall take the following criteria into account in evaluating the proposal: 1. General land use relationships between the proposed use and surrounding uses. 2. Access to collector or arterial streets. 3. Style of the designs of surrounding buildings in consideration of whether residential type construction should be required, including: a. Residential type facades. b. Pitched roofs. c. Wing walls. d. Height differentials within the structure. Comment: These items will be addressed in Design Review. B. Maximum Lot Size: The maximum lot size shall be three (3) acres in commercial or industrial areas and one acre in dense residential (R-4) areas. Comment: the project is shown as approx. 4.5 acres — The residence is included in this which could be considered for the increase in size. C. Roadways: The minimum size of roadways within self-service storage facility areas shall be twenty feet (20'). Comment: Drive Isles are 25 to 34 feet wide. D. Fences: The perimeter of a self-service storage facility, excluding roadways going to the street, shall be enclosed with a fence with a minimum height of six feet (6). No ribbon fence or barbed wire fence shall be used, except on top of a security fence. A solid fence shall be required on the side of any part of the perimeter which adjoins a residence or a residentially zoned area. The fence may be increased in height upon application and approval by the design review committee. Comment: The borders of the property will have decorative block walls. Could be a condition. E. Setbacks; Landscaping: The project shall comply with all setback and landscape ordinances, including the requirement of sprinkler irrigated landscaping. Comment: These items will be addressed in Design Review. F. Structure Areas: Structure areas shall be limited to coverage of fifty percent (50%) of the total lot area. Comment: Plan shows less than 50% building coverage. G. Limitation: A self-service storage facility shall be limited to dead storage use only. Comment: Enforced through Code Enforcement. H. Activities Prohibited: No activities other than rental of storage units and pick up and deposit of dead storage items shall be allowed in the self-service storage facility. Comment: Enforced through Code Enforcement. I. Storage in Enclosed Buildings: All storage on the property shall be kept within an enclosed building. Comment: Enforced through Code Enforcement. J. Lighting: All outdoor lights shall be shielded to direct light and glare only onto the self-service storage facility premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Comment: Enforced through Design Review. K. Examples Of Activities Prohibited: Examples of activities prohibited in this district include, but are not limited to, the following: 1. The establishment of a transfer and storage business. 2. Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations. Comment: Enforced through Code Enforcement. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1oneo BEAR RIVER STORAGE ZONE CHANGE APPLICATION FOR A CHANGE IN LAND USE DISTRICT (ZONING) - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON APRIL 14, 2020 SUMMARY DESCRIPTION: An application for a change in Land Use District from Agricultural (A) to Limited Commercial (C-1) on approximately 8.71 acres of land. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. 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 as Mixed Use which allows R-1, R-2, R-3, R-4, C-1 zoning districts. The surrounding properties are developed as churches and single family residences as well as open fields. FACTS BACKGROUND: This family farm has been divided off over time to now contain most notably Park Meadows PUD, University Bible Church, school district property, Connor Academy as well as some others. A rezone is required before the CUP can be in effect for the requested use. A CUP application was submitted at the same time as this application. 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: Bear River Storage Riley Sorenson APPLICANT: Ken Menlove 4243 W. Nike Dr. Suite C West Jordon. UT 84088 PROFESSIONAL SERVICES: Ken Menlove 4243 W. Nike Dr. Suite C West Jordon. UT 84088 LOCATION: The site is in the Northwest '/a of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the Southeast corner of Philbin Rd. and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Agriculture PROJECT SIZE: ±8.71 acres VIEWS: Visible from Chubbuck and Philbin TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING NORTH: EAST: SOUTH: WEST: SERVICES: RECENT TRAFFIC COUNTS: YEAR: 2014 Chubbuck Rd 4,824/day YEAR: 2016 Chubbuck Rd 5,563/day YEAR: 2018 Chubbuck Rd 6,350/day YEAR: 2014 Philbin Rd 4,260/day YEAR: 2015 Philbin Rd 4,908/day YEAR: 2016 Philbin Rd 4,269/day YEAR: 2018 Philbin Rd 5,005/day Residential homes zoned R-2 Limited Residential and single home and pasture zoned County Agricultural Residential homes zoned PUD — Planned Unit Development Church zoned C-1 Limited Commercial and Open field zoned R-1 Single Family Residential Single family homes zoned R-2 Limited Residential ACCESS STREET: from W. Chubbuck, Hiram and shared access on Philbin FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2019-007, 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 April 14, 2020 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 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. 5. In accordance with Idaho Code §67-6511, notice was provided to political subdivisions providing services within the City. PUBLIC COMMENTS: 1. No written comments were received as of this report. STANDARDS FOR REVIEWING A CHANGE IN ZONING State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications for changes in land use districts/zoning. Specifically: 1. Idaho Code: §67-65 Local Land Use Planning 2. Chubbuck City Code: Title 18, Land Use 3. City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) City Code 18.28.050 states "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." 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. Other code and policy may be identified from State Law, City Code, or the Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. IDAHO CODE §67-6511: ZONING ORDINANCE SUBSECTION 2(a) REQUESTS FOR AN AMENDMENT TO THE ZONING ORDINANCE — DELIVERY OF SERVICES STATE LAW Consider effects of zone change upon delivery of services by any political subdivision providing public service within the City RESPONSE Notices were sent to each of the following agencies regarding the proposed action COMMENT Bannock County Planning & Development: No comment received Fort Hall Irrigation Project/Bureau of Indian Affairs: No comment received Pocatello Regional Airport: No comment received Pocatello/Chubbuck School District 25: No comment received Pocatello-Chubbuck Auditorium District: No comment received Southeastern Idaho Public Health: No comment received SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN STATE LAW Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on public services per subsection 2(a), governing board may: CHAPTER 11: ECONOMIC DEVELOPMENT • Require the application be submitted to the LUDC, or • In the absence of a commission, consider an amendment to the Plan COMMENT All applications for changes in land use district/zoning are presented to the LUDC for recommendation before going to the City Council COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DISTRICT -ZONE DISTRICT CONVERSION TABLE INDICATES WHICH ZONING DISTRICTS SHALL BE ALLOWED WITHIN EACH PLAN DISTRICT OBJECTIVE Only the zoning districts listed in table 4.3 shall be allowed in the corresponding plan districts as shown on the Comprehensive Plan Map POLICY Plan Designation Mixed Use (MU): R-1 Single Family Residential, R-2 Limited Residential, R-3 - General Residential, R-4 Dense Residential, C-1 Limited Commercial COMMENT I The requested zoning is allowed in the Mixed use district as noted in the Comprehensive Plan 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. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.1 Adopt appropriate commercial zoning to allow for a variety of commercial goods and services at community centers, which should be located within walking distance of residents of one or more neighborhoods POLICY a. Adopt appropriate Neighborhood Commercial zoning to allow small-scale commercial development at neighborhood centers that serves the daily needs of neighborhood residents COMMENT Provides commercial zoning near residential neighborhoods 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 map designates the area as Mixed Use, a category intended for future C-1 Limited Commercial zoning. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT The applicant has purchased the property and suggests that this change is market driven. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT This property is at an intersection of Chubbuck and Philbin shown as Mixed use. 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: ........... (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] REPORT: Paul Andrus, Planner pandrus@cityofchubbuck.us (208) 237-2430 ext. 109 DATE: April 6, 2020 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. EXHIBITS 1. Application for Zone Change 2. Comprehensive Plan a. Future Land Use Map 3. Reference Map 4. Current Zoning Map and Proposed Change Map 5. Evidence of Notice a. Site Postings b. Mailing List c. Copies of notices on file w/staff City of Chubbuck Land Use Application CONDITIONAL USE PERMIT CHANGE OF LAND USE DISTRICT VARIANCE ANNEXATION & ZONING COMPREHENSIVE PLAN CHANGE For the I.,and Use .Meeting of: m / I r...._1.."!J / City Official: 1 0 0 H Date: ❑ / ❑ / C❑ Name of Applicant: Ken Menlove Phone: (801) 671-4697 Mailing Address: 4243 W. Nike Dr, Suite C West Jordan, Utah 84088 Email address: menlovec@gmail.com 2. Filing fee of $JS�!�plus $off" ')r: Total: $ ' .! LJ. 01) ❑ ($1.50 ,per notification mail -outs for Conditional Use Permits.), owners and occupants. B" ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. 3. Paid to the City Cleric on: J - , 20A& Initials :K Receipt # A • 0 )1,42-1 Project location: South East corner of Chubbuck Road and Philbin Road 4. Existing Land Use District: AG 5. Describe Proposal: Change zone from AG to C-1. Seek CUP to build self storage unit facility with office and watchperson"s apartment. 6. The approval of this exception does not sanction the violation of any ordinance. 7, I attest to the truth and exactness of all information supplied on this application. I will develop or use the subject property as set forth herein. 0 3 IR/ IMO Signature of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: Earnest Money Agreement - or - ❑ Warranty Deed Copy ❑ 18 X 24 Drawings (as listed below) ❑ 8 1/2 X 1 I Drawings (as listed below) [� Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible, Please attach a legal description of the property, Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.) ❑ Business License Application ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary f i�r illustration of good clarity, accuracy and completeness for use by the City Land Use & Development Commission and the City Council. Size: 1-18" x 24" minimum 1-81/2" x I1" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 1/4" = P- 0" minimum Revised: 5-9-2019, PBA S 89°50'41" E GHUBBUGK ROAD N 0009'19" E 17.00' 901.54 1 I 11 N 89°50'41" W 289.69' ------ --- -------------------- S 89°50'41" E 122.41' LANDSCAPING / STORMYVATER RETENTION O LANDSCAPING / 5TORMYVATER RETENTION O 160-0 ry 4 K.P. �B 210-0 ° tN1 ���5 i - i T.O.M. = 12'-8" �_O T.O.M. = 10'-0" 1 O M o Z I I 2 STORY I I 80 I I N / O O M I I I K RESIDENCE /j OFFICE ZI M p 1-61 Z Q (30X45) m z l I I I CDI � I ' ' 6' TALL SOLID FENCE 1 T.O.M. = 12'-0" 45-0 ❑D 65-0 O � m ❑E 65-0 AUTO GATE ❑F 65-0 T.O.M. = 9'-4" O � m ❑G 65-0 6' TALL SOLID FENCE ❑H 45-0 w � N ui 4 O M MA b) MI ° O 1 I PROPOSED LOT 2 pI I p 1 O O O 0 0 O 0 0 0 0 I ? QI O z ~ g 5 O O CD M - LDS CHURCH w 0 O M o Z I I I I I I 80 I I N I M I I I K ZI M 30-0 30-0 34-0 30-0 30-0 M nI FUTURE PROPOSED Q LOT LINE ° I O -11E 1=11E - I I I 6' TALL SOLID FENCE 10'-0" 10'-O" 10'-O" 10'-O" P R O P O S E D LOT 1 o AUTO GAT1 p0 -/A5PHALT TYP.�� m m II 12'-8" � T.O.M. = 9'-4" I (63-4)-TH HM7 MHHM O = M m IL o I O I T.O.M. = 10'-0" 390-0 Z O �I LANDSCAPING / STORMVKATER RETENTION N 89050'41 " W 453.80' �I - ? ? NOTE: ALL OUTSIDE FACING PERIMETER OI O 6' TALL SOLID FENCE BUILDING COLORED CMU. ARE COLORECMU. SCHOOL D15TRIGT PROPOSED LOT 1 DATA: 51TE AREA = 195,395 50. FT. I c R-1 ZONE BUILDING AREA = 93,500 50. FT. (4-I%) LANDSCAPE AREA = 31,964 50. FT. (16%) I - I I ASPHALT AREA =72,4131 50. FT. (3-7 50_0 °O - - - - -- -- - - N 89°50'41 " W 402.73' 5 /STORMAATER RETENTION SHARED ACCESS TROY NIELSEN BEAR RIVER 5TORA6E UNIVERSITY BIBLE GHURGH v� BA �<V TADNIELSEN GHUBBUGK ANO PHILBIN STRI GHUBBUGK, ID COF ENGMEER LYNN BARNETT ADDRESS: P.O. BOX 1248 5TORAGE LAYOUT/ 51TE PLAN �'� � 11995. MAIN 9°50'41" W 25.00' G-1 ZONE QjJU \ �TERVILLE,UT STORAGE LAYOUT / 51TE PL/ N 4.51 AG '^� /\ SCALE jSIZ�E I SHEET PROJEGT� D PHONE: (801) 294 2950 COPYRIGHT ©B RNETT STRUCTURES 2020 % 1 GF 1 1 q34 FAX: (801) 2942939 DO NOT SCALE DRAriING RECORD OF SURVEY FOR: GERALD MCNABB LOCATED IN THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO NORTH WEST CORNER OF SECTION 9. FOUND NORTH 1/4 CORNER OF SECTION 9. FOUND 2" CITY OF CHUBBUCK BCM BASIS OF BEARINGS ALUMINUM CAP MONUMENT AS DESCRIBED IN CP&F (N 89°5046"W 264588'-CBK) AS DESCRIBED IN CP&F INST. NO. 20520360 CHUBBUCK ROAD (S 89°4555"E 2646.05'-G25) (S 89°45'55"E 2646.05 -PMS) INST. NO. 21207296 (S 89 °50'41 "E 2645 98'- CDC - UBC) 5 4 S 89°50'41" E S 89°50'41" E 2645.98' 4 8 9 PRESCRIPTIVE RIGHT-OF-WAY PER INST. NO. 20920116 901; (901.54'-PMS) \���G\��� � g N 89 50'41" 69' �S 0°09'19° W 25.00' (S 89°4535"E 901.54' -QC -PMS) (N 89 °5046" W 289.69'- CBK) (S 00°09'14" W 25 00'- CBK) I CITY OF �• CHUBBUCK -aro. 1�„� S 89°50'41” E 122.41' K) (N89°5046"W 122.49'-CBK) N 0009'19" E 17.00' INST. NO. �/°Dry g61$' GB (soo°09'14°w 1700-CBK) 2091882 N�y3' W ,G� RADCB 00.00 REFERENCE DOCUMENTS I LOT 1 m / A = 722726" U LENGTH= 126.46 CHORD =S35&&D34'10"W 118.20' BEARING AND DISTANCE PER QUITCLAIM DEED GRANTED TO BLOCK 1 a PARCEL > (------QC) MARGARET I. MCNABB FAMILY LIMITED PARTNERSHIP w 8.71 ACRES + (INST. NO. 20617366) PARK MEADOWS W M p 6TH ADDITION ~ BEARING AND DISTANCE PER RECORD OF SURVEY FOR GERALD INST. NO. 20517790 j M z o U7 N O Q O ZJI—N 0QJ H O Q O J J i �uj>-C/) U- z O U U w Q.0Z06 W a_ � a_ U 0� O w Z O>_jE Lu �0� Cl) 5 w U) uj 3:u-30 3 8 9 --------------- 10.00' 392.74' (392.74' - UBC) N 89050'41 " W 25.00' (N89°50'46" W 25.00'- CBK) UNIVERSITY BIBLE CHURCH SUBDIVISION INST. NO. 21013421 CURVE TABLE T-- Y)SURVEYOR'SNARRA ARC TIM E CHORD ( G25) MCNABB & SCHOOL DISTRICT 25 (INST. NO. 20500613) c5 CD A TANGENT 1. THE PURPOSE OF THIS SURVEY IS TO DELINEATE THE BOUNDARIES LENGTH o o MI DISTANCE [Cl 100.00' 72°27'34" 126.47' 73.27' OF THE REMAINING LANDS OF QUITCLAIM DEED INST. NO. 20617366PMS) 118.20' (------- BEARING AND DISTANCE PER PARK MEADOWS SUBDIVISION 6TH M M w -I I AND TO SET NEW PROPERTY PINS AT THE BOUNDARY CORNERS. ADDITION (INST. NO. 20517790) M ~) o M �o Cfl I M cV N Ch °7 M o � 2. THE NORTH AND WEST BOUNDARIES HAVE BEEN DETERMINED TO (------- UBC) BEARING AND DISTANCE PER UNIVERSITY BIBLE CHURCH o 0 0 0 o Co FOLLOW ALONG THOSE SECTION LINES. THE SOUTH AND EAST SUBDIVISION (INST. NO. 21013421) z o Z C - BOUNDARIES HAVE BEEN DETERMINED TO FOLLOW ALONG to Z N ADJACENT SUBDIVISIONS AND ALSO A PARCEL OF LAND BEARING AND DISTANCE PER CITY OF CHUBBUCK CONTROL I o BELONGING TO SCHOOL DISTRICT 25 PER RECORD OF SURVEY COC ( ) RECORD OF SURVEY (INST. NO. 20915791) I `N Ioo RECORDED UNDER INST. NO. 20500613. THOSE SUBDIVISIONS AND O THE RECORD OF SURVEY HAVE BEEN ROTATED TO THE NORTH BEARING AND DISTANCE PER WARRANTY DEED GRANTED TO THE z �C'j LINE OF SECTION 9. THE MONUMENTS AS FOUND IN THE FIELD (------CBK) CITY OF CHUBBUCK (INST. NO. 20918821) AND PER QUITCLAIM Q ~ z M AGREE WITH THIS ROTATION. THE CITY OF CHUBBUCK WAS DEED GRANTED TO THE CITY OF CHUBBUCK INST. NO. 20920116 ( ) GRANTED A PARCEL OF LAND PER INSTRUMENT NO. 20918821 AND W A PRESCRIPTIVE RIGHT-OF-WAY PER INSTRUMENT NO. 20920116. I THE NORTH LINE OF SECTION 9 WAS USED TO ROTATE THOSE Q M Co (off PARCELS TO THE CURRENTLY ACCEPTED BEARING OF THE NORTH V LINE OF SECTION 9 PER CONTROL RECORD OF SURVEY FOR THE p ( �Z CITY OF CHUBBUCK, RECORDED UNDER INSTRUMENT NO. 20915791. THE CITY OF CHUBBUCK PARCELS HAVE BEEN DETERMINED TO BE (N 89°45'55"W 543.80' -QC) N 89°50'41'453.80' 4 = O PARALLEL WITH THE SECTION LINES AS DESCRIBED IN THOSE M S 89°50'41" E 705.65' ll� DEEDS. THIS SLIGHTLY AFFECTS THE MATHEMATICS USED TO m a? (s ss°45'55"E 70565' G25) w SOLVE THOSE BOUNDARIES AS SHOWN. M 0 3. NO EASEMENTS WERE RETRACED THIS SURVEY EXCEPT AS NOTED W I I I OTHERWISE. M �I coCo Lu I M (N 89°50'46" W 1500'- CBKJ 15.00' (S89°5041"E 442.74'TOSECTIONLINE-UBC)ia I o m Z p �l _ N 89°50'41" W 402.73' Cn SEE RECORD OF SURVEY FOR GERALD M z o U7 N O Q O ZJI—N 0QJ H O Q O J J i �uj>-C/) U- z O U U w Q.0Z06 W a_ � a_ U 0� O w Z O>_jE Lu �0� Cl) 5 w U) uj 3:u-30 3 8 9 --------------- 10.00' 392.74' (392.74' - UBC) N 89050'41 " W 25.00' (N89°50'46" W 25.00'- CBK) UNIVERSITY BIBLE CHURCH SUBDIVISION INST. NO. 21013421 CURVE TABLE ARC CHORD CHORD # RADIUS A TANGENT LENGTH BEARING DISTANCE [Cl 100.00' 72°27'34" 126.47' 73.27' N 35°34'11" E 118.20' MCNABB & SCHOOL DIST. 25 INST. NO. 20500613 SCHOOL DIST. # 25 INST. NO. 20622655 SURVEYOR'S CERT/F/CATE I, JAY L. CORNELISON, A DULY LICENSED LAND SURVEYOR IN THE STATE OF IDAHO, HEREBY CERTIFY THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY MADE UNDER MY DIRECTION OF THE LANDS SHOWN HEREON IN CONFORMANCE WITH THE REQUIREMENTS OF CHAPTER NINETEEN, TITLE FIFTY-FIVE OF THE IDAHO CODE. GIN- GIST, o �E Rio v� JAY L. CORNELISON DATE vCORNE\- 60 /77 GRAPHIC SCALE 0 30 60 ( IN FEET ) 1 inch = 60' BASIS OF BEAR/NG THE NORTH LINE OF SECTION 9 BETWEEN THE NORTHWEST CORNER AND THE NORTH 1/4 CORNER WAS ASSUMED TO BE S 89°50'41" E PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL MERIDIAN OF THE EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM. PROJECT L=4T/ON V/C/N/TYMAP LEGEND SECTION CORNER AS NOTED C::::� FOUND 1/4 CORNER AS NOTED FOUND 1/2" REBAR WITH PLASTIC O STAMPED "RMES PELS 2341" FOUND 5/8" REBAR WITH ALUMINUM El CAP STAMPED "RMES PELS 2341" 0 CALCULATED POSITION. NOTHING FOUND OR SET. SET 1/2" BY 24" REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" SURVEYED BOUNDARY LINE ADJACENT PROPERTY LINE SECTION LINE PRESCRIPTIVE RIGHT-OF-WAY SIDELINE COUNTYRECORBER'S CERT/F/CATE I, JASON DIXON, CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BANNOCK, IDAHO ON THIS DAY OF 20 AT M. AT THE REQUEST OF AND WAS DULY RECORDED AS INSTRUMENT NO. JASON DIXON, COUNTY RECORDER Addendum #1��� Engineers • Surveyors s Planners 30f 58th St. W. #f38 • Williston, NO 5880f • (70fj 572.Of f0 800 E, Oak St, • Pocatello, l0 83201 • (20e) 234.01 f0 www.rmes.biz LEGAL DESCRIPTION — McNABB PARCEL A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 9, BEING MONUMENTED BY A BRASS CAP MONUMENT IN VAULT AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20520360; THENCE SOUTH 89°50'41" EAST, ALONG THE NORTH LINE OF SECTION 9, A DISTANCE OF 901.54 FEET TO AN ILLEGIBLE 2" ALUMINUM CAP MONUMENT SET IN ASPHALT MARKING THE NORTHWEST CORNER OF PARK MEADOWS 6TH ADDITION, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 20517790 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE SOUTH 004'37" WEST, ALONG THE WEST BOUNDARY LINE OF SAID SUBDIVISION, A DISTANCE OF 390.00 FEET TO A 5/8" DIAMETER REBAR WITH 2" ALUMINUM CAP MONUMENT STAMPED "RMES PELS 2341", BEING A POINT ON THE NORTH BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO SCHOOL DISTRICT #25 PER INSTRUMENT NO. 20622655; THENCE NORTH 8950'41" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 453.80 FEET TO A 1/2" DIAMETER REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" MARKING THEE NORTHWEST CORNER OF SAID PARCEL OF LAND; THENCE SOUTH 0°39'36" EAST, ALONG THE WEST BOUNDARY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 101.93 FEET TO A 5/8" DIAMETER REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341" MARKING THE NORTHEAST CORNER OF UNIVERSITY BIBLE CHURCH, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 21013421 1N THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 8950'41" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID SUBDIVISION, A D15TANCE OF 402.73 FEET TO A 1/2" DIAMETER REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" MARKING THE SOUTHEAST CORNER OF A PARCEL OF LAND BELONGING TO THE CITY OF CHUBBUCK AS DESCRIBED IN WARRANTY DEED RECORDED UNDER INSTRUMENT NO. 20918821. IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE FOLLOWING ALONG THE SOUTH, EAST AND NORTH BOUNDARY LINES OF SAID PARCEL OF LAND OVER THE FOLLOWING SEVEN (7) COURSES: Focused on Solutions Civil 4 Environmental 4 Transportation 4 Planning 4 Land Development 4 Municipal 4 Surveying Electronically Signed using eSignOnline TM [ Session ID : a96f4351-b3b04cfc-919a-6cled39295c9 ] 1. NORTH 039'36" WEST, PARALLEL WITH AND 40.00 FEET EAST OF THE WEST LINE OF SECTION 9, A DISTANCE OF 326.48 FEET TO A POINT OF TANGENCY WITH A 100.00 FOOT RADIUS CURVE WHOSE CENTER BEARS NORTH 89'20'24" EAST; 2. FOLLOWING ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 72°27'34" FOR AN ARC LENGTH OF 126.47 FEET (THE CHORD OF SAID CURVE BEARS NORTH 35°34'11" EAST A DISTANCE OF 118.20 FEET) TO A POINT OF TANGENCY; 3. NORTH 7147'58" EAST A DISTANCE OF 86.17 FEET TO A 1/2" DIAMETER REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" WHICH IS 42.00 FEET SOUTH OF THE NORTH LINE OF SECTION 9; 4. THENCE SOUTH 89`50'41" EAST, PARALLEL WITH AND 42.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 122.41 FEET TO A 1/2" REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341"; 5. THENCE NORTH 009'19" EAST, PERPENDICULAR TO THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 17.00 FEET TO A POINT WHICH IS 25.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 9; 6. THENCE NORTH 89050'41" WEST, PARALLEL WITH AND 25.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 289.69 FEET TO A POINT WHICH IS 25.00 FEET EAST OF THE WEST LINE OF SAID SECTION 9; 7. THENCE SOUTH 0°39'36" EAST, PARALLEL WITH AND 25.00 FEET EAST OF THE WEST LINE OF SAID SECTION 9, A DISTANCE OF 466.97 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF UNIVERSITY BIBLE CHURCH SUBDIVISION THENCE NORTH 89050`41" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID SUBDIVISION, A DISTANCE OF 25.00 FEET TO A 2" DIAMETER ALUMINUM CAP MONUMENT SET IN ASPHALT STAMPED "RMES PELS 2341" MARKING THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 0`39'36" WEST, ALONG THE WEST LINE OF SECTION 9, A DISTANCE OF 491.97 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8.71 ACRES, MORE OR LESS. y7 g 1 �i Pear Krver Sforay2 Consul i;ny� LLC O �1 �✓© //11.. 12/27/2019 1:46 PM MST or /rSSiynS �=/f,Ptah 01/30/2020 8:13 PM MST`� Focused on Solutions Civil ♦ Environmental ♦ Transportation i Planning ♦ Land Development ♦ Municipal t Surveying Electronically Signed using eSignOnIineTM [ Session ID : a96f4351-b3b04cfc-919a-6cled39295c9 ] Parcel Webmap I •�,� f. -F -� s'rTr `k ' '�z Wig. � JL Ilk w • �7)l,*Ok-. - - 1111' 1. 0 .6 Lim lit 5"., '� ♦ y P4 t Property C — a _ w Rol l � F 1712020, 3 00 43 PM 1 4, 514 Bannock County Parcels 0 0 04 0 08 0 16 ml Road Centerline 0 005 01 02 km Cay cf Chubbuck GIS, Source: £Sri. DigaalGlobe, GeoEye, Earthstar Geographies, CNES1Airbus DS, USDA, USGS, AewGRID, IGN, and the GIS User Community, Cly of Chubbuck GIS Eagle Vrew Piclometry City of Pocatello City of Chubbuck USDA FSA DrgdatGlobe. GeoEye City of Chubbuck GIS ", 12020.3:42:52 PM Bannock County Parcels Road Centerline ng Agriculture (A) Limited Residential (R-2) Limited Residential - P (R -2P) M Dense Residential (R-4) Limited Commercial (C-1) M General Commercial (C-2) Industrial [I] M Planned Unit Development {PUD} L7— Creative Community 1:2,257 i) ❑,02 004 0.08 11 fl 0-03 0,07 0-1, City of Chubb uck 015, Source! Esri, Di9i18101oln, GeoEya, Earl GeNrap hits. CNESIAirh us DS, USDA, USGS, AemORI D. ION, the GIS User Community, City of Chubbuck GIS Eagle Vices Pidometry City of Pocatello 9 12020, 4:01:20 PM Bannock County Parcels Road Centerline ng Agriculture (A) Limited Residential (R-2) Limited Residential - P (R -2P) M Dense Residential (R-4) Limited Commercial (C-1) M General Commercial (C-2) Industrial [I] M Planned Unit Development {PUD} L7— Creative Community 1:4,514 0 0,04 008 0.18 a 0.05 0A 0.2 km City of Chubb Lick 015, Source! Esfi Digi 18101oln, GeoEya, Earl GeNrap hits. CNESIAirh us DS, USDA, USGS, AemORI D. IGH, the GIS User Community, City of Chubbuck GIS Eagle Vices Pidometry City of Pocatello N �.E Future Land Use Designations - City of Chubbuck Revision 10/3/2018 S Document Path: J:\GIS\Projects\Eligibility_Study\Eligibility_Study_9_28_18\Future_Land_Use.mxd Tyhee Rd Siphon Rd LO> N m L i > o _ Z 0 o a� N - °' a t 3 0 = Chubbuck Rd Future Land Use Designations Urban Service Boundary Interstate 86 Employment - - High Density Low Density - Medium Density - Mixed Use Commercial Document Path: J:\GIS\Projects\Eligibility_Study\Eligibility_Study_9_28_18\Future_Land_Use.mxd RE -24 VACANT LAND JULY 2019 EgMo 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. IDAHO NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR Paye 1 of REALTORS` REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON EITHER PARTY. ID# 59-T6S-R34E DATE November 13, 2019 LISTING AGENCY HomeSmart Premier Realty Office Phone # Fax # Listing Agent Chris Schnitzler E -Mail Phone # SELLING AGENCY Satterfield Realty & Development, Inc Office Phone # 208-232-1468 Fax # Selling Agent Steven Frei E -Mail steven@satterfieldrd.com Phone # 1. BUYER: Bear River Storage Consulting, LLC or Assigns (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 Southeast Corner of Chubbuck Road and Philbin Road Chubbuck City Bannock County, ID, Zip 83202 legally described as: OR Legal Description Attached as exhibit (Exhibit must accompany original offer and be signed or initialed by BUYER ,d SELLER.) 2• PURCHASE PRICE payable upon thing TERMS AND CONDITIONS (not including closing costs): This offer is contingent upon the sale, refinance, and/or closing of any other property []Yes 0 No (N/A if left blank) 3. FINAN IAL TERMS: Note: A+D+E+F must add up to 1 purchase prim (A). $_ EARNEST MONEY: s BUYER hereby of ewe above stated amount as arnest Money which shall be credited to BUYER upon closing. Earnest Money istwill be: Evfden�dl)�L Held By; liv red: Deposited: ❑ Cash ❑ Responsible Broker ❑ With Offer ❑x Upon Receipt and Acceptance ❑x Personal Check Closing Company ❑x Within 5 business days (three [3] if ❑ Upon Receipt Regardless of left blank) of acceptance. Acceptance ❑ Cashier's Check ❑ See Section 4 ❑ See Section 4 ❑ See Section 4 El Wire Transfer ❑ Note ❑ See Section 4 20 THE RESPONSIBLE BROKER SHALL BE: Ryan Satterfield 21 22 (B). ALL CASH OFFER: ❑x NO ❑YES If this is an all cash offer do not complete Sections 3D and 3E, fill blanks with N/A (Not Applicable). IF 23 CASH OFFER BUYER'S OBLIGATION TO CLOSE SHALL NOT BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide 24 SELLER within business days (five [5] if left blank) from the date of acceptance of this agreement by all parties written confirmation of sufficient 25 funds and/or proceeds necessary to close transaction. Acceptable documentation includes, but is not limited to a copy of a recent bank or financial 26 statement. 27 28 (C) Cash proceeds from another sale: E] Yes ❑u No (NIA if left blank) 29 (D), � NEW LOAN PROCEEDS: If a number greater than zero appears on the preceding blank then this agreement is 30 contingent upon B1 Y o7j •fining the following financing: 31 FIRST LOAN of ,& not innlodi!iq r-)rtgage insurance, through ❑ FHA, ❑ VA, ❑CONVENTIONAL, ❑ IHFA, 32 ❑ RURAL DEVELOPMENT, DOTHER SBA 504 Loan wltr. in'!C,e-5t nil ;o exceed % for a period of year(s) at 33 ❑ Fixed Rate ❑Other . In the event BU'yER 1, unahle, after exercising good faith efforts, to obtain the indicated financing, 34 BUYER's Earnest Money shall be returned to BUYER 35 SECOND LOAN of $ through ❑FHA, ❑VA E] CONVENTIONAL, ❑IHFA, [:]RURAL DEVELOPMENT, 36 ❑ OTHER with interest not to exceed % for a period of year(s) at: ❑ Fixed Rate ❑ Other 37 LOAN APPLICATION: BUYER El has applied OR ❑shall apply for such loan(s). Within business days (ten [10) if left blank) of final acceptance 38 of all parties, BUYER agrees to furnish SELLER with a written confirmation showing lender approval of credit report, income verification, 39 debt ratios, and evidence of sufficient funds andtor proceeds necessary to close transaction in a manner acceptable to the SELLER(S) and 40 subject only to satisfactory appraisal and final lender underwriting. If an appraisal is required by lender, the PROPERTY must appraise at 41 not less than purchase price or BUYER'S Earnest Money shall be returned at BUYER'S request unless SELLER, at SELLER'S sole discretion, 42 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 43 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 44 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 45 SELLER. FHA I VA: If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be obligated to 46 complete the purchase of the PROPERTY described herein or t0 incur any penalty or forfeiture of Earnest Money deposits or otherwise unless 47 BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans 48 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 49 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, �S�Ed�L��L��Ey�R shall be deemed to have accepted such written BUYER'S Initials (_)(_J Date 11/13/2019 SELLER'S Initials r/�//,/ )(_, Date 1tr�ST9/201912:pppM 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 d the Idaho Association of REALTORS, USE BY ANY OTHER PERSON IS PROHIBITED. CCopynght Idaho Association of REALTORS* Inc. All rights reserved. JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 1 of 7 sena: o9oso6 soars73s8ao2o Form Preoa'edbY Steven Frei I SatteRmldRealty I stevenasatterneldrdcom 12082321468 Simplicity 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 JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 2 of 7 PROPERTY ADDRESS: Southeast Comer of Chubbuck Road and Phllbin Road IDff: S9-T6S-R34E 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, RADDITIONAL FINANCIAL TERMS: Additional financial terms are specified under the heading 'OTHER TERMS AND/OR CONDITIONS' (Section 4). ❑ A' cial 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 Dosing, In GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. 4. OTHER TERMS ANWOR CONDITIONS' This Aoreement is made subject to the following special terms, considerations and/or contingencies which must be satisfied prior to closing — 5. ITEMS INCLUDED tar 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 "nla," "NIA," "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: 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. LINES AND BOUNDARIES: Property lines and boundaries, septic.:.cd lead^'fines (Fences, walls, hedges, and other natural or constructed barriers or markers do not necessarily identify true property boundaries. PmpaE,y :,;)Ns may be verified by surveys.) 2. ZONING AND LAND USE: Inquiries, investigations, studies or ani otner rrwans concerning past, present or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of 'Ice PROPERTY, BUYER's intended use of the PROPERTY, future development, zoning, building, size, governmental permits and inspe–ctions. 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. 3. 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. 4. UTILITIES, IMPROVEMENTS & OTHER RIGHTS: SELLER represents that the PROPERTY does have the following utilities, improvements, services and other rights available (describe availability): City of Chubbuck Water, Power, Gas, Fiber optic, and Fort Hall Water Irrigation Rights 5. 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. 6. 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. 118 (B). BUYER chooses EJ to conduct inspections; ❑ not to conduct inspections. If BUYER chooses not to conduct inspections skip the remainder of Section 6. 119 If indicated, BUYER shall have the right to conduct inspections, investigations, tests, surveys and other studies at BUYER'S expense, hereafter 120 referred to as the "Primary Inspection." BUYER'S inspection of the PROPERTY includes all aspects of the PROPERTY, including but not limited to 121 neighborhood, conditions, zoning and use allowances, environmental conditions, applicable school districts and/or any other aspect pertaining to the 122 PROPERTY or related to the living environment at the PROPERTY. Unless otherwise addressed BUYER shall, within calendar days (thirty (30) $95" 1 BUYER'S Initials ) Date 11/13/2019 11I19f201912:00PM ( SELLER'S Initials )( Date 111^+7 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 Assocual on of REALTORS* USE BY ANY OTHER PERSON IS PROHIBITED. Mopyright Idaho Association of REALTORS*. Inc. All rights reserved JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 2 of 7 Sertatrl: 090506-300157-3693020 Prepared by: Sloven Frei I Sallerfleld Really I steven@safterfieldrd oom 1 2082321468 Form Simplicity JULY 2Q19 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 3 of 7 PROPERTY ADDRESS: Southeast Corner of Chubbuck Road and Philbin Road ID#: S9-T6S-R34E 123 If left blank) from acceptance, complete these inspections and give to SELLER written notice of disapproved items/oonddions or written notice of 124 termination of this Agreement based on an unsatisfactory inspection. Once BUYER delivers written notice to SELLER it shall end BUYER's timeframe 125 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 126 BUYER'S own selection of professionals with appropriate qualifications to conduct inspections of the entire PROPERTY. SELLER shall make the 127 PROPERTY available for all Inspections. BUYER shall keep the PROPERTY free and clear of liens; indemnify and hold SELLER harmiess from all 128 liability, claims, demands, damages and costs; and repair any damages arising from the inspections. No inspections may be made by any governmental 129 building or zoning inspector or government employee without the prior consent of SELLER unless required by local law. No inspections may be made 130 by any governmental building or zoning inspector or government employee without the prior consent of SELLER, unless required by local 131 law. 132 BUYER'S acceptance of the condition of the PROPERTY Is a contingency of this Agreement. 133 134 (C) SATISFACTIONIREMOVAL OF INSPECTION CONTINGENCIES: 135 1. If BUYER does not within the strict time period specified give to SELLER written notice of disapproved items/conditions or written notice of 136 termination of this Agreement, BUYER shall conclusively be deemed to have: (a) completed all inspections, investigations, review of applicable 137 documents and disclosures; (b) elected to proceed with the transaction and (c) assumed all liability, responsibility and expense for repairs or corrections. 138 139 2. If BUYER does within the strict time period specified give to SELLER written notice of termination of this Agreement based on an unsatisfactory 140 inspection, the parties will have no obligation to continue with the transaction and the Earnest Money shall be returned to BUYER. 141 142 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 143 inspections and is irrevocable. BUYER shall provide to SELLER pertinent section(s) of written inspection reports upon request, if applicable. Upon 144 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, 145 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 146 requested by BUYER, then both parties agree that they will continue with the transaction and proceed to closing. Otherwise, immediately upon a written 147 response from SELLER that rejects BUYER's requests, in whole or in part, said response is irrevocable without consent of BUYER and BUYER may 146 proceed under 7(C)(4) below. 149 Iso 4. If SELLER does not agree to correct BUYER'S disapproved itemslconditions within the strict time period specified, or SELLER does not respond in 151 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 152 with SELLER to obtain a modification of SELLER'S response 2) proceeding with the transaction without the SELLER being responsible for correcting the 153 disapproved items/conditions stated in that particular BUYER'S notice, or 3) giving the SELLER written notice of termination of this agreement in which 154 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 155 SELLER'S response or give written notice of cancellation, BUYER shall conclusively be deemed to have elected to proceed with the transaction without 156 the repairs or corrections to the disapproved items/conditions slated in that particular BUYER'S notice. 157 158 8. SELLER DISCLOSURES. Within business days (two [2] if left blank) from acceptance SELLER shall disclose, and provide copies if available, 159 to BUYER the following: 160 (a) any studies and/or reports that have previously been performed in connection with or for the PROPERTY, including without limitation, 161 environmental reports, soil studies, seismic studies, site plans and surveys; 162 (b) any notices relating to a violation of applicable law including, without limitation, environmental law and laws relating to land use, zoning or 163 compliance with building codes; 164 (c) SELLER shall make available for inspection all documents in SELLER's possession relating to ownership, operation, renovation or development of 165 the PROPERTY including: statements for real estate tax assessments and utilities for the last year; property management agreements; leases or other 166 occupancy agreements; maintenance records, accounting records and audit records for the past year; and installment purchase contracts or leases of 167 personal property used in connection with the PROPERTY; and 168 (d) all other documents described in any Addenda or Counteroffer to this Agreement. 169 170 9. TITLE CONVEYANCE: Title of SELLER is to be conveyed by wari7w..y ;IePd, wilpss otherwise provided, and is to be marketable and insurable except 171 for rights reserved in federal patents, state or railroad deeds, bc•idi-lcl :e rs;trictions, building and zoning regulations and ordinances of any 172 governmental unit, and rights of way and easements established or o1 f:::n pie t=• ;-,,,,numbra nces or defects to be discharged by SELLER may be paid out 173 of purchase money at date of dosing No hens, encumbrances or de:er;s, ;vt,lr• we to be discharged of assumed by BUYER or to which title is taken 174 subject to, exist unless otherwise specified in this Agreement. 175 176 10, TITLE INSURANCE: There may be types of title insurance coverages available other than those listed below and parties to this agreement 177 are advised to talk to a title company about any other coverages available that will give the buyer additional coverage. 178 179 A). PRELIMINARY TITLE COMMITMENT AND CC&Rs: Within business days (six [6) if left blank) of final acceptance of all parties, 1E SELLER or 160 �] 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 181 any covenants, conditions and restrictions (CC&Rs) applicable to the PROPERTY. BUYER shall have_ business days (two [2] if left blank) after receipt 182 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 183 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 184 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 185 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 186 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 187 terms directly with a homeowner's association after closing. 168 189 (B). TITLE COMPANY: The parties agree thatAmeriTitle Title Company located 190 at 1523 Yellowstone Ave, Pocatello, Idaho 83201 shall provide the title policy and preliminary report of commitment. BUYER'S Initials (tea`)( } Date 11/13/2019 SELLER'S Initials f 1 FYI )( ) Date ms -r 12;00 Pru This form is printed and d sirtWed by the Idaho Association of REALTORS*, Inc This form has been designed and is provi`de"d°f`orr u!;e by the real estate professionals who are members of the Idaho Association of REALTORS" USE BY ANY OTHER PERSON IS PROHIBITED. OCopynght Idaho Association of REALTORS', Inc All rights reserved. JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 3 of 7 Serial#. 090506.300157.3693020 Form Prepared by Steven Frei I Satterfield Realty I steven@satterfmfdrd.con 1 2082321468 Simplicity JULY ni r=n11M RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Southeast Corner of ChubWck Road and Phllbin Road Page 4 of 7 IDL: S9-T6S-R34E (C). STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after dosing furnish to BUYER a Idle insurance poricy 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 Polley is limited to matters of public record. BUYER shall receive a ILTA/ALTA Owner's Policy of True Insurance, A We 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, 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 ❑x N/A. Association fees/dues are $ per ❑ BUYER ❑ SELLER ❑Shared Equally ❑ NIA to pay Association SET UP FEE of S at closing. ❑ BUYER ❑ SELLER [-]Shared Equally ❑ N/A to pay Association PROPERTY TRANSFER FEES of S at closing. ❑ BUYER ❑ SELLER [] Shared Equally ❑ NiA to pay Association STATEMENT OF ACCOUNT FEE of S 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 USG § 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 tease 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. FARMiCROPSITIMBER 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 sate 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. ail 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, 9 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 anv ` aturday )f S.;•lday, 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 ;aquired under this agreement is to be performed is based upon a business day calculation, then it shall be computed by excluding the calendar day r,+ 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. 89-V14 114acral s 12:00 PM BUYER'S Initials ( 4 X Date 11/13/2019 SELLER'S Initials l ){— � Date Ms� This form is printed and distributed by the tdaho AssoUalion of REALTORS', Inc This form has been designed and is provided for use by the real estate prdessHmis who are members of the Idaho Association of REALTORS* USE BY ANY OTHER PERSON IS PROHIBITED. ®Copyright Idaho AssoctM on of REALTORS•, Inc All rights resmad JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 4 of 7 SenaW 090506.300157.3683020 Form Prepared by StevenFrei I Satterfield Really I sloven@sallarfieldrd cam 1 2082321468 Simplicity 259 260 261 262 263 264 265 266 267 268 269 270 271 212 273 274 275 276 277 278 279 280 281 282 283 284 las 286 287 288 289 290 291 292 293 294 295 296 297 298 299 RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Southeast Comer of Chubbuck Road and Phllbin Road Page 5 of 7 ID#: S9-T6S-R34E 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 shalt 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 teststinspection reports as indicated below shall be provided to the other party within business days (ten [101 if left blank) prior to closing, COSTS BUYER SELLER Shared Equally N 1A CONTINGENCIES BUYER SELLER Shared Equally NA Appraisal Fee Eq ❑ ❑ ❑ Environmental Inspection (Phase 1) ❑ ❑ ❑ Long Term Escrow Fees ❑ ❑ Environmental Inspection (Phase 2) ❑ ❑ ❑ 0 Closing Escrow Fee ❑ ❑ o ❑ Environmental Inspection (Phase 3) ❑ ❑ 0 Z Survey Shall be ordered by: FIBUYER x SELLER ❑ 0 ❑ ❑ PERC Test ❑ ❑ ❑ 0 Flood Certification/Tracking Fee ❑x ❑ ❑ ❑ Zoning Variance ❑ ❑ ❑ Title Ins, Standard Coverage Owner's Poli ❑ ❑x ❑ ❑ Soil(S) TeSt(s) ❑ ❑ ❑ Title Ins. Extended Coverage Lender's Policy — Mortgagee Policy ❑ ❑ ❑ ' Hai %. dons Waste Report(s) ❑ ❑ ❑ N Additional Title Coverage ❑ ❑ ❑ (K I oury*ztic Well Water Potabuty Test St:ali be orde.7ed by BUYER SELLER ❑ ❑ ❑ x ❑ Water Rights Transfer Fee ❑ ❑x ❑ ❑ Domestic well Water Product vdy Test Shall be ordered by BUYER SELLER ❑ ❑ ❑ x ❑ Attorney Contract Preparation or Review Fee ❑ ❑ [I 0 Septic Inspections I I Shall be ordered by: BUYER SELLER ❑ ❑ x ❑ ❑ ❑ ❑ ❑ Septic Pumping Shall be ordered by: BUYER SELLER ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑ Upon closing SELLER agrees to pay ❑ % of the purchase price OR ❑ $ (dollar amount) (NIA if left blank) as a SELLER concession. This can be used toward lender -approved BUYERS 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 895ell 1111912019 1201 PM BUYER'S Initials (,4 X Date 11/13/2019 SELLER'S Initials ( )( ) Date MST Tins form is printed and distributed by the Idaho Association of REALTORS' Inc This forth has been designed and is provided for use by the rea estate professronals who are members of the Idaho Associat on of REALTORS-. USE BY ANY OTHER PERSON IS PROHIBITED. ®Copyright Idaho Assoc at on of REALTORS* Inc. Ail nghis reserved JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 5 of 7 Sertali 090506-300157.3683020 Form Prepared W. Sloven Frei I Satterfield Realty I sloven@eatterrieldrd com 1 2082321468 simplicity JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Southeast Comer of Chubbuck Road and Philbin Road Page 6 of 7 1D#: S9-T6S-R34E rr11f1 d SELLER shall pay for the 308 309 310 311 312 313 314 315 316 317 318 3119 320 321 322 323 324 325 326 327 328 323 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 I.— e e same as erein agreed, BUYER s Earnest Money deposit s a e re -1 o er an Costs of tale 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 if 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 3oo 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 3o1 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 - 302 refundable, said agreement shall not be considered an election of remedies by SELLER and the non-refundable Earnest Money shall not constitute 303 liquidated damages, not 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 3o4 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 305 of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, credit report fees, 306 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 307 said sale and fails to con t th h h II b t d t hl 30. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are to 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 (Dale) February 29 2020 The parties agree that the CLOSING COMPANY for this transaction shall be AmeriTitle located at 1523 Yellowstone Ave Pocatello, ID 83201 If a long-term escrow /collection Is involved, then the long-term escrow holder shall be 33. POSSESSION: BUYER shall be entitled to possession 0 upon closing or ❑date at ❑ am ❑ pm 34. PROBATIONS: 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 ❑X upon closing or as of ❑ date BUYER to reimburse SELLER for fuel in tank ❑ Yes ❑ No 0 NIA Dollar amount may be determined by SELLER's supplier. 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 Parry; (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 . 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) arra SO. JER(S), Section 1: ❑ A R(S) Is acting as an AOFNT ?or the BUYER(S). ❑ B The brokerage working with the BUYER(S) Is actinr, r_s a ;.. oArrED 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. ❑x 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 SELLERS) 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 SELLERS) 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 ❑x 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) Nov 16, 2019 at (Local Time in which PROPERTY is located) 5 ❑A.M. ❑x P.M. ) 8,111 � 11!19!2019 12 01 PM BUYER'S Initials (A _)( )Dale 1111312019 SELLER'S Initials )( Date MST This form is printed and dislobuted by the Idaho Association of REALTORS', Inc This form has been designed and is provided for 65e by the tool estate professionals who aro members of the Idaho Association of REALTORS, USE BY ANY OTHER PERSON IS PROHIBITED.00opyughl Idaho Association of REALTORS". Inc All rights reserved JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page B of 7 Befit# 09050&300167-3683020 Form Piepaeed try Sloven Frei I Satterfield Really I steven@Sall erfetdrd Com 12082321468 ®Simplicity JULY 2019E E[M RE -24 VACANT LAND PORCHASE AND SALE AGREEMENT Page 7 of 7 PROPERTY ADDRESS: Souttt'east Comer of Chubbuck Road and Philbin Road ID#: S9-T6S-R34E 3% 39. BUYER'S SIGNATURES - 389 ❑ SEE ATTACHED BUYER'S ADDENDUM(S): (Specify number of BUYER addendum(s) attached.) 370 ❑ SEE ATTACHED BUYER'S EXHIBIT(S): (Specify number of BUYER exhibit(s) attached.) 371 372 ❑ BUYER does currently hold an active Idaho real estate license. []BUYER is related to agent 373 374 o' I rW , 5A."je Cawsu:4fj, LLC 375 BUYER SignatureBUYER (Print Name) Bear River Storage Consulting, LLC or Assigns 376 «-Aii 377 Date 11113/2019 Time 3.38 PM MST ❑ A.M. W P.M. Phone # 801-380.4134 Cell # 37a 379 Address E -Mail rtley@brsutah.com 380 381 City State Zip Fax # 382 303 ---------------------------------------------------------------------------------------------------------------------------- 364 385 ❑ BUYER does currently hold an active Idaho real estate license. ❑ BUYER is related to agent. 386 387 BUYER Signature BUYER (Print Name) 388 369 Data Time ❑ A.M, []P.M. Phone # Cell # 390 391 Address E -Mail 391 393 City State Zip Fax # 394 395 396 40. SELLER'S SIGNATURES: On this date. INVe hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all 397 th erms thereof on the part of the SELLER. 398 [M SIGNATURE(S) SUBJECT TO ATTACHED COUNTER OFFER 399 ❑ SIGNATURE(S) SUBJECT TO ATTACHED ADDENDUM(S) # 400 ❑ SIGNATURE(S) SUBJECT TO ATTACHED EXHIBIT(S) # 401 402 []SELLER does currently hold an active Idaho real estate license. IdSELLER is related to agent. 403 404 SELLER Signature iuucP.o� %c�7?a SELLER (Print Name) 405 4o6 Date MS 9!201912:01 PM Time ❑ A.M. ❑ P.M. Phone # Cell # 407 4oa Address E -Mail 409 410 City State Zip Fax # 411 412 ---------------------------- ---------------------------------------------------------------------------- 413 414 ❑ SELLER does currently hold an active Idaho real estatra license. ❑ SELLER is related to agent. 415 416 417 SELLER Signature ?I ;_'��:P ;Print Name) 418 41s Date Time ❑ A.M. ❑ P.M Phone # Cell # 403 421 Address E -Mail 422 423 City State Zip Fax # 424 425 426 LATE ACCEPTANCE 427 — - 428 If acceptance of this offer is received after the time specified, it sh?()WfP binding on the BUYER unless U a rovgg f said acceptance within 1 „9 z 4Az� PW1 Mss 429 calendar days (three (3) if left blank) by BUYER initialing HERE )( ) Date . If BUYER timely approves of 430 SELLER'S late acceptance, an initialed copy of this page shall be i mediately delivered to SELLER. 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 ft Idaho Association of REALTORS` USE BY ANY OTHER PERSON IS PROHIBITED. eGopynght Idaho Association or REALTORS-, Inc All rights reserved. JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 7 of 7 Seriaw 090506300157-3683020 Form Prepared by. Steven Frei I Satterfield Realty I sieven@salterfieldrd carr 1 20823214s Simplicity • F .: �fY,_`^;= -- �iF••': .4 Is.._'.. ..: ._may.=3.-`'-�!••--- _ — _ _ _ -.- J�+ :.,_.... _�: ,,r -:fir..,; •..:,�:_. - :H�'i•- -' 65i:::'�'t': : r:i''•:�•y; �e'i :: it Jca :� ' ��::-'� ;f;'"��'i�:?^.' _ - �,r;-:i;k'-ii�=`�r�,_r.k`=ru��,:�,y i;reS'-� Yti:�t_•r?�.:ic:=;';3•ri:''j = _ - .i A.t .....1f: SAV MEW Ilk r dommidib r -. IPUBur �.[� ,�: /�.•, _ .7. _: -'�� .gip, ::i. i �.��.yj • pP _.~�jr.�1 �. SAV MEW Ilk r dommidib r -. L D S CHURCH CLARK, TIM A CORP OF PRESIDING BISHOPRIC FILE #589-0119 1363 JENA DR SALT LAKE CITY, UT 841500000 CHUBBUCK, ID 832020000 CITY OF CHUBBUCK 5160 YELLOWSTONE AVE CHUBBUCK, ID 832022226 MANNING, SHANE E LOVE, CRAIG 1137 BOEDY ST 4847 JAKE AVE CHUBBUCK, ID 832020000 CHUBBUCK, ID 83202 CITY OF CHUBBUCK HAMPSON, HARRY 5160 YELLOWSTONE AVE 1311 W CHUBBUCK RD CHUBBUCK, ID 832022226 CHUBBUCK, ID 832020000 WEST WIND CONSTRUCTION LLC ORTIZ, JOSE VALENTIN 10912 N TRAUGHBER LN 1165 BOEDY DR CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 PAHL, WESLEY PAHL, WESLEY 2066 S 2950 W 2066 S 2950 W ABERDEEN, ID 832100000 ABERDEEN, ID 832100000 CITY OF CHUBBUCK 5160 YELLOWSTONE AVE CHUBBUCK, ID 832022226 APLINGTON, HEATH 4823 H I RAM AVE CHUBBUCK, ID 832020000 PEARSON, SCOTT A 1123 BOEDY ST CHUBBUCK, ID 832020000 G&J PAHL INVESTMENTS FAMILY LLLP 3183 N PLEASANT VALLEY RD AMERICAN FALLS, ID 832110000 EVANS, NATHAN J 5555 CALEN LN CHUBBUCK, ID 83202 HARDING, MATTISON B 4640 PAHSIMEROI DR CHUBBUCK, ID 832020000 IRWIN, JOHN A 1359 JENA DR CHUBBUCK, ID 832020000 EVANS, MICHAEL 4733 INDEPENDENCE AVE CHUBBUCK, ID 832020000 NYSTROM,BRENNAN 4801 H I RAM AVE CHUBBUCK, ID 832020 DELTAM 3 LLC C/O RIRIE, DEE BOISE, ID 837030000 SANDERS, KYLE P 1151 BOEDY ST CHUBBUCK, ID 83202 G&J PAHL INVESTMENTS FAMILY LLLP 3183 N PLEASANT VALLEY RD AMERICAN FALLS, ID 832110000 POWELL, BARBARA PO BOX 2654 POCATELLO, ID 832060000 VANWART, NATHAN 4723 INDEPENDENCE AVE CHUBBUCK, ID 832020000 SISNEROS, STEVE R 1369 JENA DR CHUBBUCK, ID 832020000 CITY OF CHUBBUCK 5160 YELLOWSTONE CHUBBUCK, ID 832020000 MCNABB, MARGARET I FAMILY LIMITED PARTNERSHIP POCATELLO, ID 832025015 LOISELLE, VICTOR E 10795 N PHILBIN RD POCATELLO, ID 832020000 WILCOX, JOSEPH A 1353 JENA POCATELLO, ID 832027701 UNIVERSITY BIBLE CHURCH INC C/O POWELL, MICHAEL R CHUBBUCK, ID 832020000 CHUBBUCK 1 0 A H 0 REQUEST: Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us BEAR RIVER STORAGE APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION MEETING ON APRIL 14, 2020 STAFF FINDINGS SUMMARIZED • The applicant has submitted a rezone application in conjunction with this application to be considered before this application. • This application is looking at the conditionally allowed use and specifics for meeting city requirements will be administered at Design Review. • Self Service Storage facilities and residences are Conditionally Permitted in a Limited Commercial (C-1) and in Agricultural (A) zones. • The applicant has met the City Code requirements to be heard for a Conditional Use Permit. • After reviewing the application against public comment and the criteria and standards of section 18.28.040 and 18.28.050 of municipal code, the Commission shall make a decision to approve with conditions, approve without conditions, deny, or table the decision. • Based on the evidence available at the time of this report, Staff recommends approval of the conditional use permit. Recommended Condition of Approval: That the use be effective on the approval of the change in zoning to Limited Commercial (C-1) FACTS An application for a Conditional Use Permit for a self-service storage facility with a watchman's residence in a Limited Commercial (C-1) on a portion of approximately 8.71 acres of land. BACKGROUND: Subject property is in the Northwest 1/4 of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at the Southeast corner of Philbin Rd. and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The property is currently zoned as Agriculture and a change in land use district application for Limited Commercial (C-1) has been received. 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 approve with or without conditions, may table a decision, or may deny the application. OWNER: Bear River Storage Riley Sorenson 1160 W. 2600 N. Pleasant Grove, UT 84062 APPLICANT: Ken Menlove 4243 W. Nike Dr. Suite C West Jordon. UT 84088 LOCATION: Generally located at the Southeast corner of Philbin Rd. and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: A -Agricultural PROJECT SIZE: Approx. 8.71 acres VIEWS: Visible from Chubbuck and Philbin TOPOGRAPHY: Generally flat SURROUNDING LAND USES AND ZONING: NORTH: EAST: SOUTH: WEST: EXISTING STRUCTURES: open field Residential homes zoned Limited Residential (R-2) and single home and pasture zoned County Agricultural Church and residential homes zoned — Planned Unit Development (PUD) Church zoned Limited Commercial (C-1) and Open field zoned Single Family Residential (R- 1) Single family homes zoned Limited Residential (R-2) TRAFFIC COUNTS: The traffic counts available from BTPO: YEAR: 2014 Chubbuck Rd - East of Philbin Rd. 4,824/day YEAR: 2016 Chubbuck Rd - East of Philbin Rd. 5,563/day YEAR: 2018 Chubbuck Rd - East of Philbin Rd. 6,350/day YEAR: 2014 Philbin Rd — South of Chubbuck Rd. 4,260/day YEAR: 2015 Philbin Rd — South of Chubbuck Rd. 4,908/day YEAR: 2016 Philbin Rd — South of Chubbuck Rd. 4,269/day YEAR: 2018 Philbin Rd — South of Chubbuck Rd. 5,005/day PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O SERVICES: ACCESS STREET: from Hiram and shared access on Philbin FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2019-07, a complete petition and fees for a Conditional Use Permit 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 April 14, 2020 Regular Meeting of the Land Use Commission at a public hearing 3. In accordance with City Code 18.28.020, notice of the public hearing shall be 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 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. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §67-6512, Special use permits, conditions and procedures 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Title 18, Land Use, Chapter 28, Section 40- Conditional Use Permits POLITICAL SUBDIVISION/AGENCY COMMENTS: 1. No other comments received at the time of this report. PUBLIC COMMENTS: 1. No written comments were received as of this report. STANDARDS FOR REVIEWING A CONDITIONAL USE PERMIT The following code regarding CUPs should be used in evaluating and weighing the application: 18.28.040 C. Criteria and Standards: C. Criteria And Standards: The following criteria and standards shall be applied in determining whether to grant or deny any application under the terms of this title for a conditional use permit, and in considering and defining the conditions (if any) to be imposed upon a conditional use permit granted hereunder: 1. The use for which such permit is sought must not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. Staff Analysis: PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O The neighborhood includes two churches residential homes and future site owned by the school district. Staff finds that as presented there is likely no evidence that the use for which the permit is sought would be injurious to the neighborhood nor public health, safety or welfare. 2. The permit sought shall not produce an adverse impact on the economic values of adjacent properties. Staff Analysis: Staff is not aware of any negative economic impact to adjacent properties caused by the proposed use. Property will be maintained and secured with a caretaker on site. The permit sought shall not produce a negative impact on transportation facilities, public utilities, schools, public parks or the natural environment any greater than had the strict terms of this title been satisfied. Staff Analysis: The evidence suggests that the negative impact on transportation facilities, public utilities, schools, public parks or the natural environment would be no greater than if the strict terms were satisfied. 4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. Staff Analysis: Staff finds that the evidence would suggest that the trips per day could be less than other allowed Limited Commercial (C-1) uses of the site. The research shows that the trips per day for storage units are commonly calculated at 2.5 per 1000 square feet. 5. Account shall be taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land; and the permit, if granted, shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of said land. Staff Analysis: The buildings will be pleasing, maintained and compliment the surrounding uses. 6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Staff Analysis: The use and buildings will complement the surrounding uses. Even though some may not envision this to be the most desirable use for the property; the applicant meets the requirements of the city codes. Refer to elevation drawings from application. 7. Account shall be taken of the support or opposition expressed by persons entitled to receive notice of the conditional use permit application. Staff Analysis: No Comment has been received by staff on this project as of this writing. 8. The applicant shall show that he has taken all reasonable steps to comply with the strict terms of this title. If the applicant can show that the uses "allowed" under this title are not feasible, such showing shall support an application for a conditional use permit. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O Staff Analysis: Self -Storage Facilities and residences are conditionally permitted in a C-1 Limited Commercial zone. The zoning change from Agriculture to Limited Commercial (C-1) will need to be considered and may be a condition. 9. Adverse impact on other development within the city shall be minimized as far as possible. Staff Analysis: Staff finds that there is likely no evidence of impact on other development in the city. 10. The sequence and timing of any development conditionally permitted hereunder may be controlled as appropriate. Staff Analysis: Staff finds there is likely no need to control the sequence and timing of the project. 11. The duration of any development conditionally permitted hereunder may be controlled. Staff Analysis: Staff finds that since these are permanent buildings there would be no reason to control the duration of the development. 12. Any permit granted hereunder may contain provisions for assuring that the development is maintained properly. Staff Analysis: As this is an active business the owner has a vested interest in its appearance and maintenance. 13. Any permit granted hereunder may designate the exact location and nature of the permitted development. Staff Analysis: The applicant will be required to meet all codes for building, site, landscaping, access, storm water and site development. 14. Any permit granted hereunder may require the provisions for on site or off site public facilities or service. Staff Analysis: Staff does not find that any additional public facilities or service other than the standard are likely needed. 15. Any permit granted hereunder may require more restrictive standards than those otherwise required by this title. Staff Analysis: Staff would suggest that this CUP be considered in a Limited Commercial (C-1) zone rather than an Agricultural (A). Therefore the approval would be conditioned on the approval of the zone change to Limited Commercial (C-1) by the City Council. 16. Notwithstanding the time deadlines established elsewhere in this title for processing applications, the city council may, if it deems such action necessary, require studies of the social, economic, fiscal and environmental effects of the proposed conditional use prior to the granting or denying of the application therefor, and the applicable time deadline shall be extended accordingly. (Ord. 320 § 1, 1989: Ord. 246 § 2, 1983: Ord. 241 § 7-4, 1983) PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us I D A H O Staff Analysis: Staff does not find likely cause for additional studies to be required. 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. 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 Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit as described in the application materials with the following conditions: ........... (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 Conditional Use Permit request are satisfied, I move to approve the Conditional Use Permit 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 Conditional Use Permit request are not satisfied, I move to deny the Conditional Use Permit 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] REPORT BY: Paul Andrus pandrus@cityofchubbuck.us (208) 237-2430 ext. 109 EXHIBITS: 1. Application for Conditional Use 2. Conditional Use Questionnaire Maps a. Vicinity/ Site b. Zoning REPORT DATED: April 7, 2020 *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. 4. Evidence of Notices (on file w/ staff) PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 0 H 0 City of Chubbuck Land Use Application CONDITIONAL USE PERMIT CHANGE OF LAND USE DISTRICT VARIANCE ANNEXATION & ZONING COMPREHENSIVE PLAN CHANGE For the I.,and Use .Meeting of: m / I r...._1.."!J / City Official: 1 0 0 H Date: ❑ / ❑ / C❑ Name of Applicant: Ken Menlove Phone: (801) 671-4697 Mailing Address: 4243 W. Nike Dr, Suite C West Jordan, Utah 84088 Email address: menlovec@gmail.com 2. Filing fee of $JS�!�plus $off" ')r: Total: $ ' .! LJ. 01) ❑ ($1.50 ,per notification mail -outs for Conditional Use Permits.), owners and occupants. B" ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. 3. Paid to the City Cleric on: J - , 20A& Initials :K Receipt # A • 0 )1,42-1 Project location: South East corner of Chubbuck Road and Philbin Road 4. Existing Land Use District: AG 5. Describe Proposal: Change zone from AG to C-1. Seek CUP to build self storage unit facility with office and watchperson"s apartment. 6. The approval of this exception does not sanction the violation of any ordinance. 7, I attest to the truth and exactness of all information supplied on this application. I will develop or use the subject property as set forth herein. 0 3 IR/ IMO Signature of Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: Earnest Money Agreement - or - ❑ Warranty Deed Copy ❑ 18 X 24 Drawings (as listed below) ❑ 8 1/2 X 1 I Drawings (as listed below) [� Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible, Please attach a legal description of the property, Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.) ❑ Business License Application ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: The intent of these standards is to produce drawings when required or necessary f i�r illustration of good clarity, accuracy and completeness for use by the City Land Use & Development Commission and the City Council. Size: 1-18" x 24" minimum 1-81/2" x I1" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 1/4" = P- 0" minimum Revised: 5-9-2019, PBA Conditional Use Permit Questionnaire Applicant: Menlove Construction — Ken Menlove Address: 4243 W. Nike Dr. Ste C City. West Jordan State Utah /�e4ef\,\ CHUBBUCI( 1. Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety or welfare. This self storage facility will provide a much needed service to the neighborhood by giving residents and businesses the opportunity to store their personal property in a safe, clean, and secure environment. It allows people who do not have enough storage space at home to keep their living spaces more organized, cleaner, safer, and stress free. This fosters public health, safety, and welfare. 2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks or the natural environment? Self storage facilities create a very low traffic count. A facility this size may generate about 50 trips a day.The public utility impact will be the equivalent as one residence. All of the storm water will be retained on site. There will be little impact on public parks having only one residence. Storage units have very little impact on the natural environment. They do not manufacture or produce. These facilities are very quiet. These facilities comply with "dark sky" ordinances when it comes to site lighting. All wall pack lights are shielded downward and controlled by astrological timers. No light pollution. 3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the application is sought? This storage facility will be very quiet. Solid masonry sound wall around the perimeter. Hours of operation will be limited. Traffic impact is very low. Lowest impact of all commercial uses. We will set entry keypads and gates such that stacking of vehicles on the road will be of no concern. 4. What account has been taken of the character and use of the buildings and land adjoining and in the vicinity of the property for which the permit is sought, together with the number of persons residing or working in such buildings or upon said land? How is the proposed development compatible? Storage unit uses will be screened from adjoining properties. There will only be one caretaker (husband and wife) living on site who will manage the facility 24/7. The caretakers become neighbors to the surrounding property owners and will develop a good relationship with them. If issues occur, the caretakers will be able to address them and resolve them in a timely manner. 1 of 3 Revised 1-25-2017 PBA Conditional Use Permit Questionnaire 5. Explain how the permit, if granted, will not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape or natural scenery of said land? 1. The height of the buildings will be equal to or less than a two-story residence. 2. The architecture of the residence and storaae buildinas will be eaual to and compatible with surrounding structures. 3. The backs of the storage unit buildings will be architectural masonry and will serve as a perimeter fence. 4. There will be no light pollution.All interior wall pack lighting will be shielded downward 6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands? We will be using construction materials that will be equal to or better than surrounding uses and buildinas. All of the front, side, and rear setbacks will be professionally landscaped. This will add more buffer between the surrounding uses and the storage. 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. Low traffic impact. Low site utility impact. Low environmental impact. 8. Describe the sequence and timing of the proposed development. Construction of this project will take place in two phases. Phase one will be office/residence and perimeter buildings which will take one year to complete. Phase two will be the interior buildings. 9. How will the development be properly maintained? Facility will have caretakers living on site 24/7. The caretakers will keep the facility clean, securer quiet, and orderly. The facility will have a state of the art security system with cameras and automated gates for entry and exit. 2 of 3 Revised 1-25-2017 PBA Conditional Use Permit Questionnaire 10 Designate the exact location and nature of the development. East lot of the South East corner of Chubbuck and Philbin. The facility will have an office, residence, and approximately 500 storage units when completely built out. 11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water, sewer, other.) Sanitary sewer for the office/residence. Water for the office/residence and landscaping. Water for fire hydrants. Storm drain will be retained on site. Natural gas, electricity, and communications will also needed. 12. List which, if any, studies of social, economic, or environmental effect have been required of this application. (Examples: Traffic Study, Water or Sewer Capacity Study, Storm -Water Drainage, etc.) No studies have been required at this time. 3 of 3 Revised 1-25-2017 PBA S 89°50'41" E GHUBBUGK ROAD N 0009'19" E 17.00' 901.54 1 I 11 N 89°50'41" W 289.69' ------ --- -------------------- S 89°50'41" E 122.41' LANDSCAPING / STORMYVATER RETENTION O LANDSCAPING / 5TORMYVATER RETENTION O 160-0 ry 4 K.P. �B 210-0 ° tN1 ���5 i - i T.O.M. = 12'-8" �_O T.O.M. = 10'-0" 1 O M o Z I I 2 STORY I I 80 I I N / O O M I I I K RESIDENCE /j OFFICE ZI M p 1-61 Z Q (30X45) m z l I I I CDI � I ' ' 6' TALL SOLID FENCE 1 T.O.M. = 12'-0" 45-0 ❑D 65-0 O � m ❑E 65-0 AUTO GATE ❑F 65-0 T.O.M. = 9'-4" O � m ❑G 65-0 6' TALL SOLID FENCE ❑H 45-0 w � N ui 4 O M MA b) MI ° O 1 I PROPOSED LOT 2 pI I p 1 O O O 0 0 O 0 0 0 0 I ? QI O z ~ g 5 O O CD M - LDS CHURCH w 0 O M o Z I I I I I I 80 I I N I M I I I K ZI M 30-0 30-0 34-0 30-0 30-0 M nI FUTURE PROPOSED Q LOT LINE ° I O -11E 1=11E - I I I 6' TALL SOLID FENCE 10'-0" 10'-O" 10'-O" 10'-O" P R O P O S E D LOT 1 o AUTO GAT1 p0 -/A5PHALT TYP.�� m m II 12'-8" � T.O.M. = 9'-4" I (63-4)-TH HM7 MHHM O = M m IL o I O I T.O.M. = 10'-0" 390-0 Z O �I LANDSCAPING / STORMVKATER RETENTION N 89050'41 " W 453.80' �I - ? ? NOTE: ALL OUTSIDE FACING PERIMETER OI O 6' TALL SOLID FENCE BUILDING COLORED CMU. ARE COLORECMU. SCHOOL D15TRIGT PROPOSED LOT 1 DATA: 51TE AREA = 195,395 50. FT. I c R-1 ZONE BUILDING AREA = 93,500 50. FT. (4-I%) LANDSCAPE AREA = 31,964 50. FT. (16%) I - I I ASPHALT AREA =72,4131 50. FT. (3-7 50_0 °O - - - - -- -- - - N 89°50'41 " W 402.73' 5 /STORMAATER RETENTION SHARED ACCESS TROY NIELSEN BEAR RIVER 5TORA6E UNIVERSITY BIBLE GHURGH v� BA �<V TADNIELSEN GHUBBUGK ANO PHILBIN STRI GHUBBUGK, ID COF ENGMEER LYNN BARNETT ADDRESS: P.O. BOX 1248 5TORAGE LAYOUT/ 51TE PLAN �'� � 11995. MAIN 9°50'41" W 25.00' G-1 ZONE QjJU \ �TERVILLE,UT STORAGE LAYOUT / 51TE PL/ N 4.51 AG '^� /\ SCALE jSIZ�E I SHEET PROJEGT� D PHONE: (801) 294 2950 COPYRIGHT ©B RNETT STRUCTURES 2020 % 1 GF 1 1 q34 FAX: (801) 2942939 DO NOT SCALE DRAriING RECORD OF SURVEY FOR: GERALD MCNABB LOCATED IN THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO NORTH WEST CORNER OF SECTION 9. FOUND NORTH 1/4 CORNER OF SECTION 9. FOUND 2" CITY OF CHUBBUCK BCM BASIS OF BEARINGS ALUMINUM CAP MONUMENT AS DESCRIBED IN CP&F (N 89°5046"W 264588'-CBK) AS DESCRIBED IN CP&F INST. NO. 20520360 CHUBBUCK ROAD (S 89°4555"E 2646.05'-G25) (S 89°45'55"E 2646.05 -PMS) INST. NO. 21207296 (S 89 °50'41 "E 2645 98'- CDC - UBC) 5 4 S 89°50'41" E S 89°50'41" E 2645.98' 4 8 9 PRESCRIPTIVE RIGHT-OF-WAY PER INST. NO. 20920116 901; (901.54'-PMS) \���G\��� � g N 89 50'41" 69' �S 0°09'19° W 25.00' (S 89°4535"E 901.54' -QC -PMS) (N 89 °5046" W 289.69'- CBK) (S 00°09'14" W 25 00'- CBK) I CITY OF �• CHUBBUCK -aro. 1�„� S 89°50'41” E 122.41' K) (N89°5046"W 122.49'-CBK) N 0009'19" E 17.00' INST. NO. �/°Dry g61$' GB (soo°09'14°w 1700-CBK) 2091882 N�y3' W ,G� RADCB 00.00 REFERENCE DOCUMENTS I LOT 1 m / A = 722726" U LENGTH= 126.46 CHORD =S35&&D34'10"W 118.20' BEARING AND DISTANCE PER QUITCLAIM DEED GRANTED TO BLOCK 1 a PARCEL > (------QC) MARGARET I. MCNABB FAMILY LIMITED PARTNERSHIP w 8.71 ACRES + (INST. NO. 20617366) PARK MEADOWS W M p 6TH ADDITION ~ BEARING AND DISTANCE PER RECORD OF SURVEY FOR GERALD INST. NO. 20517790 j M z o U7 N O Q O ZJI—N 0QJ H O Q O J J i �uj>-C/) U- z O U U w Q.0Z06 W a_ � a_ U 0� O w Z O>_jE Lu �0� Cl) 5 w U) uj 3:u-30 3 8 9 --------------- 10.00' 392.74' (392.74' - UBC) N 89050'41 " W 25.00' (N89°50'46" W 25.00'- CBK) UNIVERSITY BIBLE CHURCH SUBDIVISION INST. NO. 21013421 CURVE TABLE T-- Y)SURVEYOR'SNARRA ARC TIM E CHORD ( G25) MCNABB & SCHOOL DISTRICT 25 (INST. NO. 20500613) c5 CD A TANGENT 1. THE PURPOSE OF THIS SURVEY IS TO DELINEATE THE BOUNDARIES LENGTH o o MI DISTANCE [Cl 100.00' 72°27'34" 126.47' 73.27' OF THE REMAINING LANDS OF QUITCLAIM DEED INST. NO. 20617366PMS) 118.20' (------- BEARING AND DISTANCE PER PARK MEADOWS SUBDIVISION 6TH M M w -I I AND TO SET NEW PROPERTY PINS AT THE BOUNDARY CORNERS. ADDITION (INST. NO. 20517790) M ~) o M �o Cfl I M cV N Ch °7 M o � 2. THE NORTH AND WEST BOUNDARIES HAVE BEEN DETERMINED TO (------- UBC) BEARING AND DISTANCE PER UNIVERSITY BIBLE CHURCH o 0 0 0 o Co FOLLOW ALONG THOSE SECTION LINES. THE SOUTH AND EAST SUBDIVISION (INST. NO. 21013421) z o Z C - BOUNDARIES HAVE BEEN DETERMINED TO FOLLOW ALONG to Z N ADJACENT SUBDIVISIONS AND ALSO A PARCEL OF LAND BEARING AND DISTANCE PER CITY OF CHUBBUCK CONTROL I o BELONGING TO SCHOOL DISTRICT 25 PER RECORD OF SURVEY COC ( ) RECORD OF SURVEY (INST. NO. 20915791) I `N Ioo RECORDED UNDER INST. NO. 20500613. THOSE SUBDIVISIONS AND O THE RECORD OF SURVEY HAVE BEEN ROTATED TO THE NORTH BEARING AND DISTANCE PER WARRANTY DEED GRANTED TO THE z �C'j LINE OF SECTION 9. THE MONUMENTS AS FOUND IN THE FIELD (------CBK) CITY OF CHUBBUCK (INST. NO. 20918821) AND PER QUITCLAIM Q ~ z M AGREE WITH THIS ROTATION. THE CITY OF CHUBBUCK WAS DEED GRANTED TO THE CITY OF CHUBBUCK INST. NO. 20920116 ( ) GRANTED A PARCEL OF LAND PER INSTRUMENT NO. 20918821 AND W A PRESCRIPTIVE RIGHT-OF-WAY PER INSTRUMENT NO. 20920116. I THE NORTH LINE OF SECTION 9 WAS USED TO ROTATE THOSE Q M Co (off PARCELS TO THE CURRENTLY ACCEPTED BEARING OF THE NORTH V LINE OF SECTION 9 PER CONTROL RECORD OF SURVEY FOR THE p ( �Z CITY OF CHUBBUCK, RECORDED UNDER INSTRUMENT NO. 20915791. THE CITY OF CHUBBUCK PARCELS HAVE BEEN DETERMINED TO BE (N 89°45'55"W 543.80' -QC) N 89°50'41'453.80' 4 = O PARALLEL WITH THE SECTION LINES AS DESCRIBED IN THOSE M S 89°50'41" E 705.65' ll� DEEDS. THIS SLIGHTLY AFFECTS THE MATHEMATICS USED TO m a? (s ss°45'55"E 70565' G25) w SOLVE THOSE BOUNDARIES AS SHOWN. M 0 3. NO EASEMENTS WERE RETRACED THIS SURVEY EXCEPT AS NOTED W I I I OTHERWISE. M �I coCo Lu I M (N 89°50'46" W 1500'- CBKJ 15.00' (S89°5041"E 442.74'TOSECTIONLINE-UBC)ia I o m Z p �l _ N 89°50'41" W 402.73' Cn SEE RECORD OF SURVEY FOR GERALD M z o U7 N O Q O ZJI—N 0QJ H O Q O J J i �uj>-C/) U- z O U U w Q.0Z06 W a_ � a_ U 0� O w Z O>_jE Lu �0� Cl) 5 w U) uj 3:u-30 3 8 9 --------------- 10.00' 392.74' (392.74' - UBC) N 89050'41 " W 25.00' (N89°50'46" W 25.00'- CBK) UNIVERSITY BIBLE CHURCH SUBDIVISION INST. NO. 21013421 CURVE TABLE ARC CHORD CHORD # RADIUS A TANGENT LENGTH BEARING DISTANCE [Cl 100.00' 72°27'34" 126.47' 73.27' N 35°34'11" E 118.20' MCNABB & SCHOOL DIST. 25 INST. NO. 20500613 SCHOOL DIST. # 25 INST. NO. 20622655 SURVEYOR'S CERT/F/CATE I, JAY L. CORNELISON, A DULY LICENSED LAND SURVEYOR IN THE STATE OF IDAHO, HEREBY CERTIFY THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY MADE UNDER MY DIRECTION OF THE LANDS SHOWN HEREON IN CONFORMANCE WITH THE REQUIREMENTS OF CHAPTER NINETEEN, TITLE FIFTY-FIVE OF THE IDAHO CODE. GIN- GIST, o �E Rio v� JAY L. CORNELISON DATE vCORNE\- 60 /77 GRAPHIC SCALE 0 30 60 ( IN FEET ) 1 inch = 60' BASIS OF BEAR/NG THE NORTH LINE OF SECTION 9 BETWEEN THE NORTHWEST CORNER AND THE NORTH 1/4 CORNER WAS ASSUMED TO BE S 89°50'41" E PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL MERIDIAN OF THE EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM. PROJECT L=4T/ON V/C/N/TYMAP LEGEND SECTION CORNER AS NOTED C::::� FOUND 1/4 CORNER AS NOTED FOUND 1/2" REBAR WITH PLASTIC O STAMPED "RMES PELS 2341" FOUND 5/8" REBAR WITH ALUMINUM El CAP STAMPED "RMES PELS 2341" 0 CALCULATED POSITION. NOTHING FOUND OR SET. SET 1/2" BY 24" REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" SURVEYED BOUNDARY LINE ADJACENT PROPERTY LINE SECTION LINE PRESCRIPTIVE RIGHT-OF-WAY SIDELINE COUNTYRECORBER'S CERT/F/CATE I, JASON DIXON, CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BANNOCK, IDAHO ON THIS DAY OF 20 AT M. AT THE REQUEST OF AND WAS DULY RECORDED AS INSTRUMENT NO. JASON DIXON, COUNTY RECORDER Addendum #1��� Engineers • Surveyors s Planners 30f 58th St. W. #f38 • Williston, NO 5880f • (70fj 572.Of f0 800 E, Oak St, • Pocatello, l0 83201 • (20e) 234.01 f0 www.rmes.biz LEGAL DESCRIPTION — McNABB PARCEL A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 9, BEING MONUMENTED BY A BRASS CAP MONUMENT IN VAULT AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20520360; THENCE SOUTH 89°50'41" EAST, ALONG THE NORTH LINE OF SECTION 9, A DISTANCE OF 901.54 FEET TO AN ILLEGIBLE 2" ALUMINUM CAP MONUMENT SET IN ASPHALT MARKING THE NORTHWEST CORNER OF PARK MEADOWS 6TH ADDITION, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 20517790 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE SOUTH 004'37" WEST, ALONG THE WEST BOUNDARY LINE OF SAID SUBDIVISION, A DISTANCE OF 390.00 FEET TO A 5/8" DIAMETER REBAR WITH 2" ALUMINUM CAP MONUMENT STAMPED "RMES PELS 2341", BEING A POINT ON THE NORTH BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO SCHOOL DISTRICT #25 PER INSTRUMENT NO. 20622655; THENCE NORTH 8950'41" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 453.80 FEET TO A 1/2" DIAMETER REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" MARKING THEE NORTHWEST CORNER OF SAID PARCEL OF LAND; THENCE SOUTH 0°39'36" EAST, ALONG THE WEST BOUNDARY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 101.93 FEET TO A 5/8" DIAMETER REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341" MARKING THE NORTHEAST CORNER OF UNIVERSITY BIBLE CHURCH, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 21013421 1N THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 8950'41" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID SUBDIVISION, A D15TANCE OF 402.73 FEET TO A 1/2" DIAMETER REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" MARKING THE SOUTHEAST CORNER OF A PARCEL OF LAND BELONGING TO THE CITY OF CHUBBUCK AS DESCRIBED IN WARRANTY DEED RECORDED UNDER INSTRUMENT NO. 20918821. IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE FOLLOWING ALONG THE SOUTH, EAST AND NORTH BOUNDARY LINES OF SAID PARCEL OF LAND OVER THE FOLLOWING SEVEN (7) COURSES: Focused on Solutions Civil 4 Environmental 4 Transportation 4 Planning 4 Land Development 4 Municipal 4 Surveying Electronically Signed using eSignOnline TM [ Session ID : a96f4351-b3b04cfc-919a-6cled39295c9 ] 1. NORTH 039'36" WEST, PARALLEL WITH AND 40.00 FEET EAST OF THE WEST LINE OF SECTION 9, A DISTANCE OF 326.48 FEET TO A POINT OF TANGENCY WITH A 100.00 FOOT RADIUS CURVE WHOSE CENTER BEARS NORTH 89'20'24" EAST; 2. FOLLOWING ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 72°27'34" FOR AN ARC LENGTH OF 126.47 FEET (THE CHORD OF SAID CURVE BEARS NORTH 35°34'11" EAST A DISTANCE OF 118.20 FEET) TO A POINT OF TANGENCY; 3. NORTH 7147'58" EAST A DISTANCE OF 86.17 FEET TO A 1/2" DIAMETER REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" WHICH IS 42.00 FEET SOUTH OF THE NORTH LINE OF SECTION 9; 4. THENCE SOUTH 89`50'41" EAST, PARALLEL WITH AND 42.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 122.41 FEET TO A 1/2" REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341"; 5. THENCE NORTH 009'19" EAST, PERPENDICULAR TO THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 17.00 FEET TO A POINT WHICH IS 25.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 9; 6. THENCE NORTH 89050'41" WEST, PARALLEL WITH AND 25.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 9, A DISTANCE OF 289.69 FEET TO A POINT WHICH IS 25.00 FEET EAST OF THE WEST LINE OF SAID SECTION 9; 7. THENCE SOUTH 0°39'36" EAST, PARALLEL WITH AND 25.00 FEET EAST OF THE WEST LINE OF SAID SECTION 9, A DISTANCE OF 466.97 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF UNIVERSITY BIBLE CHURCH SUBDIVISION THENCE NORTH 89050`41" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID SUBDIVISION, A DISTANCE OF 25.00 FEET TO A 2" DIAMETER ALUMINUM CAP MONUMENT SET IN ASPHALT STAMPED "RMES PELS 2341" MARKING THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 0`39'36" WEST, ALONG THE WEST LINE OF SECTION 9, A DISTANCE OF 491.97 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8.71 ACRES, MORE OR LESS. y7 g 1 �i Pear Krver Sforay2 Consul i;ny� LLC O �1 �✓© //11.. 12/27/2019 1:46 PM MST or /rSSiynS �=/f,Ptah 01/30/2020 8:13 PM MST`� Focused on Solutions Civil ♦ Environmental ♦ Transportation i Planning ♦ Land Development ♦ Municipal t Surveying Electronically Signed using eSignOnIineTM [ Session ID : a96f4351-b3b04cfc-919a-6cled39295c9 ] 12 �4 CJI I❑ CII ICJ I I I I I I I FL------------- L--��-----------L7----------- T'-1 L — — — -- — _L — — — — — — — — — — -i — — — — - — — — — — — — — — — 1 J EAST ELEN/ATI(DN SCALE: 1/4" = 1'-0" 0 I o� O I N I I I FLF L — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — J 7 LI— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — I WEST ELEA/ATION SCALE: 1/4" = 1'-0" I I I I I I I LL — — — — — — — — - — — — — — — — — — — — - L — — — — — — — — — — — — --1 — — 1 L--1— — — — — — — — — 1 — — — — — — — — — — -- — — — — — — —I— — — — — — — — — — — — — L — — — J NORTH ELEVATION SCALE: 1/4" = 1'-0" z 0 U) of w z Q ocli Aw V) ow U)o Ei Of 0 oz Q m ci w c� N w Z:)W w m rh J Q N _� N N N U Z 0-0 O Z O 0 ug Zo w� wz z �Z 0 QQ vi CL zw 00 En- ch ww ow a _cn a� w _ o� w� = U w N c w O m wQ z� O~ z� F-:� w� -,N O Z a0 0 Q w� �_ U w w a N N (/)9 = U H N m 0 H 0 w N D C)f w O a- 0 w< >Q wz oZ) ocD zC) QLO cd wN J o� > (n o00 w� Q w� �w U Z w Z Of w w N Z D LLJ Q O U J Q zz a_[if Z) U OQ w 0 w Of w z O U 0 w Of SOUTH ELEVATION SCALE: 1/4" = 1'-0" 9 z z 3 (_3 Z O 0 z V) w 0 F_ Z: w U Z_ w O Z w N Z O U Z w r U U) Z ry W 0 z � z C) Q � J z � 0 z Q W U) w � U w z � w = U U Z ry It O N co O co a U W Y J I— rrQn VJ 2 U) O O r U) Lu T_ O It w O DATE: BRENT O DRAWN BY: Lu w DESIGNED BY: w w O 0 Q z Z O 0 Of Z o Q z z 3 (_3 Z O 0 z V) w 0 F_ Z: w U Z_ w O Z w N Z O U Z w r U U) Z ry W 0 z � z C) Q � J z � 0 z Q W U) w � U w z � w = U U Z ry It O N co O co a U W Y J I— rrQn VJ 2 U) O O r U) Lu T_ O It s N w O DATE: BRENT O DRAWN BY: -17V w DESIGNED BY: w QU O Q O 0LL_ Z O 0 Z o Q cf) O m � � � U W W W� > � � m m W W E W LL O W Q -17z wv m s N ARCH. O: O DATE: BRENT O DRAWN BY: CHECKED BY: w DESIGNED BY: w O Q 1 © COPYRIGHT VDG ARCHITECTS s N DATE REVISION O a_ a_ z a O w Z V�0 g o SHEET TITLE cna_ fno _UA -2. ao w O 0 m ARCHITECTURAL 1 of 1 J � Q w z (D V) W z Q 0 v Dg w V) oCK V)o 0 Of 0 oz Q _u W V) OVERALL SOUTH ELEVATION SCALE: 1"=20'-O" LF LF -11-17d 1[ LLF11 71 OVERALL NORTH ELEVATION SCALE: 1"=20'-O" OVERALL WEST ELEVATION SCALE: 1"=20'-O" OVERALL EAST ELEVATION SCALE: 1"=20'-O" w N i N U z . OffZ 00 Vi g Z W W Z CD z az ofO QQ Viof zw O O �75of ww o n Q _N v) W D � — W W = U w w o O 0 wQ zry, O ~ z w w� -,N Oz Q:� O W U 0 Q W = U W Lu of a- =) cn V) c/)O = U � N = 0 L= 0 3: W N D � w O a- 0 O W Z > Q W Z 0 Z zCD QLn ow wU) J o> o W V. -::D 0 00 W Q of W W Of 0 U Z W Z af W W N � Z D L, Z w Q O (.i J Q Z Z � U Q 0 N CD w F/5 O w W D Ld w WZ U O Z_ U > ::D 00 W� 0 �z aZ W cr D U Z Z Q - m? o0 zU �z O (? wN Q:� W zw 3: U Q Z Of > D w U) O 2 � ~ Z W m N Z 00 W U Z Z W W co W _ W w Of 0 0 w Q U D Z z U U) z � LU 0 z � z O Q � J z � � z Q cn v) LU M U W z W = U U z ry � Q It O N co O co Q U w Y J Q 2 0 U) O O r rr�n V/ w r O It g� w 0 N Z O Q d V) p � w z w� z wQ Z of o aw �z ao Vi Q z� cf)n w� �O _U Wo J J ry Q w I REVISION SHEET TITLE A-2. 1 O W DATE: 3/10/20 O LZ DRAWN BY: BRENT 3: _ cr Lu DESIGNED BY: W QU O Q 0 0 Z UOQ z - oV) = z o � U) Q m UW LLJ W o Qm w U D m Q U I E n ^ ^� 1 W D = U OL, W O � LLJ z � Q Lu v m g� w 0 N Z O Q d V) p � w z w� z wQ Z of o aw �z ao Vi Q z� cf)n w� �O _U Wo J J ry Q w I REVISION SHEET TITLE A-2. 1 O ARCH. PROJECT NO: XX—XXX DATE: 3/10/20 O LZ DRAWN BY: BRENT 3: CHECKED BY: cr Lu DESIGNED BY: W O Q © COPYRIGHT VDG ARCHITECTS g� w 0 N Z O Q d V) p � w z w� z wQ Z of o aw �z ao Vi Q z� cf)n w� �O _U Wo J J ry Q w I REVISION SHEET TITLE A-2. 1 O Parcel Webmap I •�,� f. -F -� s'rTr `k ' '�z Wig. � JL Ilk w • �7)l,*Ok-. - - 1111' 1. 0 .6 Lim lit 5"., '� ♦ y P4 t Property C — a _ w Rol l � F 1712020, 3 00 43 PM 1 4, 514 Bannock County Parcels 0 0 04 0 08 0 16 ml Road Centerline 0 005 01 02 km Cay cf Chubbuck GIS, Source: £Sri. DigaalGlobe, GeoEye, Earthstar Geographies, CNES1Airbus DS, USDA, USGS, AewGRID, IGN, and the GIS User Community, Cly of Chubbuck GIS Eagle Vrew Piclometry City of Pocatello City of Chubbuck USDA FSA DrgdatGlobe. GeoEye City of Chubbuck GIS ", 12020.3:42:52 PM Bannock County Parcels Road Centerline ng Agriculture (A) Limited Residential (R-2) Limited Residential - P (R -2P) M Dense Residential (R-4) Limited Commercial (C-1) M General Commercial (C-2) Industrial [I] M Planned Unit Development {PUD} L7— Creative Community 1:2,257 i) ❑,02 004 0.08 11 fl 0-03 0,07 0-1, City of Chubb uck 015, Source! Esri, Di9i18101oln, GeoEya, Earl GeNrap hits. CNESIAirh us DS, USDA, USGS, AemORI D. ION, the GIS User Community, City of Chubbuck GIS Eagle Vices Pidometry City of Pocatello 9 12020, 4:01:20 PM Bannock County Parcels Road Centerline ng Agriculture (A) Limited Residential (R-2) Limited Residential - P (R -2P) M Dense Residential (R-4) Limited Commercial (C-1) M General Commercial (C-2) Industrial [I] M Planned Unit Development {PUD} L7— Creative Community 1:4,514 0 0,04 008 0.18 a 0.05 0A 0.2 km City of Chubb Lick 015, Source! Esfi Digi 18101oln, GeoEya, Earl GeNrap hits. CNESIAirh us DS, USDA, USGS, AemORI D. IGH, the GIS User Community, City of Chubbuck GIS Eagle Vices Pidometry City of Pocatello RE -24 VACANT LAND JULY 2019 EgMo 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. IDAHO NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR Paye 1 of REALTORS` REPRESENTATIONS NOT EXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON EITHER PARTY. ID# 59-T6S-R34E DATE November 13, 2019 LISTING AGENCY HomeSmart Premier Realty Office Phone # Fax # Listing Agent Chris Schnitzler E -Mail Phone # SELLING AGENCY Satterfield Realty & Development, Inc Office Phone # 208-232-1468 Fax # Selling Agent Steven Frei E -Mail steven@satterfieldrd.com Phone # 1. BUYER: Bear River Storage Consulting, LLC or Assigns (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 Southeast Corner of Chubbuck Road and Philbin Road Chubbuck City Bannock County, ID, Zip 83202 legally described as: OR Legal Description Attached as exhibit (Exhibit must accompany original offer and be signed or initialed by BUYER ,d SELLER.) 2• PURCHASE PRICE payable upon thing TERMS AND CONDITIONS (not including closing costs): This offer is contingent upon the sale, refinance, and/or closing of any other property []Yes 0 No (N/A if left blank) 3. FINAN IAL TERMS: Note: A+D+E+F must add up to 1 purchase prim (A). $_ EARNEST MONEY: s BUYER hereby of ewe above stated amount as arnest Money which shall be credited to BUYER upon closing. Earnest Money istwill be: Evfden�dl)�L Held By; liv red: Deposited: ❑ Cash ❑ Responsible Broker ❑ With Offer ❑x Upon Receipt and Acceptance ❑x Personal Check Closing Company ❑x Within 5 business days (three [3] if ❑ Upon Receipt Regardless of left blank) of acceptance. Acceptance ❑ Cashier's Check ❑ See Section 4 ❑ See Section 4 ❑ See Section 4 El Wire Transfer ❑ Note ❑ See Section 4 20 THE RESPONSIBLE BROKER SHALL BE: Ryan Satterfield 21 22 (B). ALL CASH OFFER: ❑x NO ❑YES If this is an all cash offer do not complete Sections 3D and 3E, fill blanks with N/A (Not Applicable). IF 23 CASH OFFER BUYER'S OBLIGATION TO CLOSE SHALL NOT BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide 24 SELLER within business days (five [5] if left blank) from the date of acceptance of this agreement by all parties written confirmation of sufficient 25 funds and/or proceeds necessary to close transaction. Acceptable documentation includes, but is not limited to a copy of a recent bank or financial 26 statement. 27 28 (C) Cash proceeds from another sale: E] Yes ❑u No (NIA if left blank) 29 (D), � NEW LOAN PROCEEDS: If a number greater than zero appears on the preceding blank then this agreement is 30 contingent upon B1 Y o7j •fining the following financing: 31 FIRST LOAN of ,& not innlodi!iq r-)rtgage insurance, through ❑ FHA, ❑ VA, ❑CONVENTIONAL, ❑ IHFA, 32 ❑ RURAL DEVELOPMENT, DOTHER SBA 504 Loan wltr. in'!C,e-5t nil ;o exceed % for a period of year(s) at 33 ❑ Fixed Rate ❑Other . In the event BU'yER 1, unahle, after exercising good faith efforts, to obtain the indicated financing, 34 BUYER's Earnest Money shall be returned to BUYER 35 SECOND LOAN of $ through ❑FHA, ❑VA E] CONVENTIONAL, ❑IHFA, [:]RURAL DEVELOPMENT, 36 ❑ OTHER with interest not to exceed % for a period of year(s) at: ❑ Fixed Rate ❑ Other 37 LOAN APPLICATION: BUYER El has applied OR ❑shall apply for such loan(s). Within business days (ten [10) if left blank) of final acceptance 38 of all parties, BUYER agrees to furnish SELLER with a written confirmation showing lender approval of credit report, income verification, 39 debt ratios, and evidence of sufficient funds andtor proceeds necessary to close transaction in a manner acceptable to the SELLER(S) and 40 subject only to satisfactory appraisal and final lender underwriting. If an appraisal is required by lender, the PROPERTY must appraise at 41 not less than purchase price or BUYER'S Earnest Money shall be returned at BUYER'S request unless SELLER, at SELLER'S sole discretion, 42 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 43 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 44 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 45 SELLER. FHA I VA: If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be obligated to 46 complete the purchase of the PROPERTY described herein or t0 incur any penalty or forfeiture of Earnest Money deposits or otherwise unless 47 BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans 48 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 49 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, �S�Ed�L��L��Ey�R shall be deemed to have accepted such written BUYER'S Initials (_)(_J Date 11/13/2019 SELLER'S Initials r/�//,/ )(_, Date 1tr�ST9/201912:pppM 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 d the Idaho Association of REALTORS, USE BY ANY OTHER PERSON IS PROHIBITED. CCopynght Idaho Association of REALTORS* Inc. All rights reserved. JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 1 of 7 sena: o9oso6 soars73s8ao2o Form Preoa'edbY Steven Frei I SatteRmldRealty I stevenasatterneldrdcom 12082321468 Simplicity 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 JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 2 of 7 PROPERTY ADDRESS: Southeast Comer of Chubbuck Road and Phllbin Road IDff: S9-T6S-R34E 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, RADDITIONAL FINANCIAL TERMS: Additional financial terms are specified under the heading 'OTHER TERMS AND/OR CONDITIONS' (Section 4). ❑ A' cial 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 Dosing, In GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. 4. OTHER TERMS ANWOR CONDITIONS' This Aoreement is made subject to the following special terms, considerations and/or contingencies which must be satisfied prior to closing — 5. ITEMS INCLUDED tar 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 "nla," "NIA," "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: 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. LINES AND BOUNDARIES: Property lines and boundaries, septic.:.cd lead^'fines (Fences, walls, hedges, and other natural or constructed barriers or markers do not necessarily identify true property boundaries. PmpaE,y :,;)Ns may be verified by surveys.) 2. ZONING AND LAND USE: Inquiries, investigations, studies or ani otner rrwans concerning past, present or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of 'Ice PROPERTY, BUYER's intended use of the PROPERTY, future development, zoning, building, size, governmental permits and inspe–ctions. 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. 3. 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. 4. UTILITIES, IMPROVEMENTS & OTHER RIGHTS: SELLER represents that the PROPERTY does have the following utilities, improvements, services and other rights available (describe availability): City of Chubbuck Water, Power, Gas, Fiber optic, and Fort Hall Water Irrigation Rights 5. 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. 6. 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. 118 (B). BUYER chooses EJ to conduct inspections; ❑ not to conduct inspections. If BUYER chooses not to conduct inspections skip the remainder of Section 6. 119 If indicated, BUYER shall have the right to conduct inspections, investigations, tests, surveys and other studies at BUYER'S expense, hereafter 120 referred to as the "Primary Inspection." BUYER'S inspection of the PROPERTY includes all aspects of the PROPERTY, including but not limited to 121 neighborhood, conditions, zoning and use allowances, environmental conditions, applicable school districts and/or any other aspect pertaining to the 122 PROPERTY or related to the living environment at the PROPERTY. Unless otherwise addressed BUYER shall, within calendar days (thirty (30) $95" 1 BUYER'S Initials ) Date 11/13/2019 11I19f201912:00PM ( SELLER'S Initials )( Date 111^+7 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 Assocual on of REALTORS* USE BY ANY OTHER PERSON IS PROHIBITED. Mopyright Idaho Association of REALTORS*. Inc. All rights reserved JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 2 of 7 Sertatrl: 090506-300157-3693020 Prepared by: Sloven Frei I Sallerfleld Really I steven@safterfieldrd oom 1 2082321468 Form Simplicity JULY 2Q19 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 3 of 7 PROPERTY ADDRESS: Southeast Corner of Chubbuck Road and Philbin Road ID#: S9-T6S-R34E 123 If left blank) from acceptance, complete these inspections and give to SELLER written notice of disapproved items/oonddions or written notice of 124 termination of this Agreement based on an unsatisfactory inspection. Once BUYER delivers written notice to SELLER it shall end BUYER's timeframe 125 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 126 BUYER'S own selection of professionals with appropriate qualifications to conduct inspections of the entire PROPERTY. SELLER shall make the 127 PROPERTY available for all Inspections. BUYER shall keep the PROPERTY free and clear of liens; indemnify and hold SELLER harmiess from all 128 liability, claims, demands, damages and costs; and repair any damages arising from the inspections. No inspections may be made by any governmental 129 building or zoning inspector or government employee without the prior consent of SELLER unless required by local law. No inspections may be made 130 by any governmental building or zoning inspector or government employee without the prior consent of SELLER, unless required by local 131 law. 132 BUYER'S acceptance of the condition of the PROPERTY Is a contingency of this Agreement. 133 134 (C) SATISFACTIONIREMOVAL OF INSPECTION CONTINGENCIES: 135 1. If BUYER does not within the strict time period specified give to SELLER written notice of disapproved items/conditions or written notice of 136 termination of this Agreement, BUYER shall conclusively be deemed to have: (a) completed all inspections, investigations, review of applicable 137 documents and disclosures; (b) elected to proceed with the transaction and (c) assumed all liability, responsibility and expense for repairs or corrections. 138 139 2. If BUYER does within the strict time period specified give to SELLER written notice of termination of this Agreement based on an unsatisfactory 140 inspection, the parties will have no obligation to continue with the transaction and the Earnest Money shall be returned to BUYER. 141 142 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 143 inspections and is irrevocable. BUYER shall provide to SELLER pertinent section(s) of written inspection reports upon request, if applicable. Upon 144 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, 145 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 146 requested by BUYER, then both parties agree that they will continue with the transaction and proceed to closing. Otherwise, immediately upon a written 147 response from SELLER that rejects BUYER's requests, in whole or in part, said response is irrevocable without consent of BUYER and BUYER may 146 proceed under 7(C)(4) below. 149 Iso 4. If SELLER does not agree to correct BUYER'S disapproved itemslconditions within the strict time period specified, or SELLER does not respond in 151 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 152 with SELLER to obtain a modification of SELLER'S response 2) proceeding with the transaction without the SELLER being responsible for correcting the 153 disapproved items/conditions stated in that particular BUYER'S notice, or 3) giving the SELLER written notice of termination of this agreement in which 154 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 155 SELLER'S response or give written notice of cancellation, BUYER shall conclusively be deemed to have elected to proceed with the transaction without 156 the repairs or corrections to the disapproved items/conditions slated in that particular BUYER'S notice. 157 158 8. SELLER DISCLOSURES. Within business days (two [2] if left blank) from acceptance SELLER shall disclose, and provide copies if available, 159 to BUYER the following: 160 (a) any studies and/or reports that have previously been performed in connection with or for the PROPERTY, including without limitation, 161 environmental reports, soil studies, seismic studies, site plans and surveys; 162 (b) any notices relating to a violation of applicable law including, without limitation, environmental law and laws relating to land use, zoning or 163 compliance with building codes; 164 (c) SELLER shall make available for inspection all documents in SELLER's possession relating to ownership, operation, renovation or development of 165 the PROPERTY including: statements for real estate tax assessments and utilities for the last year; property management agreements; leases or other 166 occupancy agreements; maintenance records, accounting records and audit records for the past year; and installment purchase contracts or leases of 167 personal property used in connection with the PROPERTY; and 168 (d) all other documents described in any Addenda or Counteroffer to this Agreement. 169 170 9. TITLE CONVEYANCE: Title of SELLER is to be conveyed by wari7w..y ;IePd, wilpss otherwise provided, and is to be marketable and insurable except 171 for rights reserved in federal patents, state or railroad deeds, bc•idi-lcl :e rs;trictions, building and zoning regulations and ordinances of any 172 governmental unit, and rights of way and easements established or o1 f:::n pie t=• ;-,,,,numbra nces or defects to be discharged by SELLER may be paid out 173 of purchase money at date of dosing No hens, encumbrances or de:er;s, ;vt,lr• we to be discharged of assumed by BUYER or to which title is taken 174 subject to, exist unless otherwise specified in this Agreement. 175 176 10, TITLE INSURANCE: There may be types of title insurance coverages available other than those listed below and parties to this agreement 177 are advised to talk to a title company about any other coverages available that will give the buyer additional coverage. 178 179 A). PRELIMINARY TITLE COMMITMENT AND CC&Rs: Within business days (six [6) if left blank) of final acceptance of all parties, 1E SELLER or 160 �] 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 181 any covenants, conditions and restrictions (CC&Rs) applicable to the PROPERTY. BUYER shall have_ business days (two [2] if left blank) after receipt 182 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 183 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 184 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 185 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 186 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 187 terms directly with a homeowner's association after closing. 168 189 (B). TITLE COMPANY: The parties agree thatAmeriTitle Title Company located 190 at 1523 Yellowstone Ave, Pocatello, Idaho 83201 shall provide the title policy and preliminary report of commitment. BUYER'S Initials (tea`)( } Date 11/13/2019 SELLER'S Initials f 1 FYI )( ) Date ms -r 12;00 Pru This form is printed and d sirtWed by the Idaho Association of REALTORS*, Inc This form has been designed and is provi`de"d°f`orr u!;e by the real estate professionals who are members of the Idaho Association of REALTORS" USE BY ANY OTHER PERSON IS PROHIBITED. OCopynght Idaho Association of REALTORS', Inc All rights reserved. JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 3 of 7 Serial#. 090506.300157.3693020 Form Prepared by Steven Frei I Satterfield Realty I steven@satterfmfdrd.con 1 2082321468 Simplicity JULY ni r=n11M RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Southeast Corner of ChubWck Road and Phllbin Road Page 4 of 7 IDL: S9-T6S-R34E (C). STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after dosing furnish to BUYER a Idle insurance poricy 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 Polley is limited to matters of public record. BUYER shall receive a ILTA/ALTA Owner's Policy of True Insurance, A We 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, 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 ❑x N/A. Association fees/dues are $ per ❑ BUYER ❑ SELLER ❑Shared Equally ❑ NIA to pay Association SET UP FEE of S at closing. ❑ BUYER ❑ SELLER [-]Shared Equally ❑ N/A to pay Association PROPERTY TRANSFER FEES of S at closing. ❑ BUYER ❑ SELLER [] Shared Equally ❑ NiA to pay Association STATEMENT OF ACCOUNT FEE of S 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 USG § 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 tease 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. FARMiCROPSITIMBER 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 sate 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. ail 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, 9 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 anv ` aturday )f S.;•lday, 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 ;aquired under this agreement is to be performed is based upon a business day calculation, then it shall be computed by excluding the calendar day r,+ 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. 89-V14 114acral s 12:00 PM BUYER'S Initials ( 4 X Date 11/13/2019 SELLER'S Initials l ){— � Date Ms� This form is printed and distributed by the tdaho AssoUalion of REALTORS', Inc This form has been designed and is provided for use by the real estate prdessHmis who are members of the Idaho Association of REALTORS* USE BY ANY OTHER PERSON IS PROHIBITED. ®Copyright Idaho AssoctM on of REALTORS•, Inc All rights resmad JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 4 of 7 SenaW 090506.300157.3683020 Form Prepared by StevenFrei I Satterfield Really I sloven@sallarfieldrd cam 1 2082321468 Simplicity 259 260 261 262 263 264 265 266 267 268 269 270 271 212 273 274 275 276 277 278 279 280 281 282 283 284 las 286 287 288 289 290 291 292 293 294 295 296 297 298 299 RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Southeast Comer of Chubbuck Road and Phllbin Road Page 5 of 7 ID#: S9-T6S-R34E 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 shalt 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 teststinspection reports as indicated below shall be provided to the other party within business days (ten [101 if left blank) prior to closing, COSTS BUYER SELLER Shared Equally N 1A CONTINGENCIES BUYER SELLER Shared Equally NA Appraisal Fee Eq ❑ ❑ ❑ Environmental Inspection (Phase 1) ❑ ❑ ❑ Long Term Escrow Fees ❑ ❑ Environmental Inspection (Phase 2) ❑ ❑ ❑ 0 Closing Escrow Fee ❑ ❑ o ❑ Environmental Inspection (Phase 3) ❑ ❑ 0 Z Survey Shall be ordered by: FIBUYER x SELLER ❑ 0 ❑ ❑ PERC Test ❑ ❑ ❑ 0 Flood Certification/Tracking Fee ❑x ❑ ❑ ❑ Zoning Variance ❑ ❑ ❑ Title Ins, Standard Coverage Owner's Poli ❑ ❑x ❑ ❑ Soil(S) TeSt(s) ❑ ❑ ❑ Title Ins. Extended Coverage Lender's Policy — Mortgagee Policy ❑ ❑ ❑ ' Hai %. dons Waste Report(s) ❑ ❑ ❑ N Additional Title Coverage ❑ ❑ ❑ (K I oury*ztic Well Water Potabuty Test St:ali be orde.7ed by BUYER SELLER ❑ ❑ ❑ x ❑ Water Rights Transfer Fee ❑ ❑x ❑ ❑ Domestic well Water Product vdy Test Shall be ordered by BUYER SELLER ❑ ❑ ❑ x ❑ Attorney Contract Preparation or Review Fee ❑ ❑ [I 0 Septic Inspections I I Shall be ordered by: BUYER SELLER ❑ ❑ x ❑ ❑ ❑ ❑ ❑ Septic Pumping Shall be ordered by: BUYER SELLER ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑ Upon closing SELLER agrees to pay ❑ % of the purchase price OR ❑ $ (dollar amount) (NIA if left blank) as a SELLER concession. This can be used toward lender -approved BUYERS 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 895ell 1111912019 1201 PM BUYER'S Initials (,4 X Date 11/13/2019 SELLER'S Initials ( )( ) Date MST Tins form is printed and distributed by the Idaho Association of REALTORS' Inc This forth has been designed and is provided for use by the rea estate professronals who are members of the Idaho Associat on of REALTORS-. USE BY ANY OTHER PERSON IS PROHIBITED. ®Copyright Idaho Assoc at on of REALTORS* Inc. Ail nghis reserved JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 5 of 7 Sertali 090506-300157.3683020 Form Prepared W. Sloven Frei I Satterfield Realty I sloven@eatterrieldrd com 1 2082321468 simplicity JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT PROPERTY ADDRESS: Southeast Comer of Chubbuck Road and Philbin Road Page 6 of 7 1D#: S9-T6S-R34E rr11f1 d SELLER shall pay for the 308 309 310 311 312 313 314 315 316 317 318 3119 320 321 322 323 324 325 326 327 328 323 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 I.— e e same as erein agreed, BUYER s Earnest Money deposit s a e re -1 o er an Costs of tale 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 if 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 3oo 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 3o1 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 - 302 refundable, said agreement shall not be considered an election of remedies by SELLER and the non-refundable Earnest Money shall not constitute 303 liquidated damages, not 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 3o4 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 305 of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, credit report fees, 306 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 307 said sale and fails to con t th h h II b t d t hl 30. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are to 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 (Dale) February 29 2020 The parties agree that the CLOSING COMPANY for this transaction shall be AmeriTitle located at 1523 Yellowstone Ave Pocatello, ID 83201 If a long-term escrow /collection Is involved, then the long-term escrow holder shall be 33. POSSESSION: BUYER shall be entitled to possession 0 upon closing or ❑date at ❑ am ❑ pm 34. PROBATIONS: 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 ❑X upon closing or as of ❑ date BUYER to reimburse SELLER for fuel in tank ❑ Yes ❑ No 0 NIA Dollar amount may be determined by SELLER's supplier. 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 Parry; (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 . 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) arra SO. JER(S), Section 1: ❑ A R(S) Is acting as an AOFNT ?or the BUYER(S). ❑ B The brokerage working with the BUYER(S) Is actinr, r_s a ;.. oArrED 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. ❑x 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 SELLERS) 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 SELLERS) 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 ❑x 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) Nov 16, 2019 at (Local Time in which PROPERTY is located) 5 ❑A.M. ❑x P.M. ) 8,111 � 11!19!2019 12 01 PM BUYER'S Initials (A _)( )Dale 1111312019 SELLER'S Initials )( Date MST This form is printed and dislobuted by the Idaho Association of REALTORS', Inc This form has been designed and is provided for 65e by the tool estate professionals who aro members of the Idaho Association of REALTORS, USE BY ANY OTHER PERSON IS PROHIBITED.00opyughl Idaho Association of REALTORS". Inc All rights reserved JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page B of 7 Befit# 09050&300167-3683020 Form Piepaeed try Sloven Frei I Satterfield Really I steven@Sall erfetdrd Com 12082321468 ®Simplicity JULY 2019E E[M RE -24 VACANT LAND PORCHASE AND SALE AGREEMENT Page 7 of 7 PROPERTY ADDRESS: Souttt'east Comer of Chubbuck Road and Philbin Road ID#: S9-T6S-R34E 3% 39. BUYER'S SIGNATURES - 389 ❑ SEE ATTACHED BUYER'S ADDENDUM(S): (Specify number of BUYER addendum(s) attached.) 370 ❑ SEE ATTACHED BUYER'S EXHIBIT(S): (Specify number of BUYER exhibit(s) attached.) 371 372 ❑ BUYER does currently hold an active Idaho real estate license. []BUYER is related to agent 373 374 o' I rW , 5A."je Cawsu:4fj, LLC 375 BUYER SignatureBUYER (Print Name) Bear River Storage Consulting, LLC or Assigns 376 «-Aii 377 Date 11113/2019 Time 3.38 PM MST ❑ A.M. W P.M. Phone # 801-380.4134 Cell # 37a 379 Address E -Mail rtley@brsutah.com 380 381 City State Zip Fax # 382 303 ---------------------------------------------------------------------------------------------------------------------------- 364 385 ❑ BUYER does currently hold an active Idaho real estate license. ❑ BUYER is related to agent. 386 387 BUYER Signature BUYER (Print Name) 388 369 Data Time ❑ A.M, []P.M. Phone # Cell # 390 391 Address E -Mail 391 393 City State Zip Fax # 394 395 396 40. SELLER'S SIGNATURES: On this date. INVe hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all 397 th erms thereof on the part of the SELLER. 398 [M SIGNATURE(S) SUBJECT TO ATTACHED COUNTER OFFER 399 ❑ SIGNATURE(S) SUBJECT TO ATTACHED ADDENDUM(S) # 400 ❑ SIGNATURE(S) SUBJECT TO ATTACHED EXHIBIT(S) # 401 402 []SELLER does currently hold an active Idaho real estate license. IdSELLER is related to agent. 403 404 SELLER Signature iuucP.o� %c�7?a SELLER (Print Name) 405 4o6 Date MS 9!201912:01 PM Time ❑ A.M. ❑ P.M. Phone # Cell # 407 4oa Address E -Mail 409 410 City State Zip Fax # 411 412 ---------------------------- ---------------------------------------------------------------------------- 413 414 ❑ SELLER does currently hold an active Idaho real estatra license. ❑ SELLER is related to agent. 415 416 417 SELLER Signature ?I ;_'��:P ;Print Name) 418 41s Date Time ❑ A.M. ❑ P.M Phone # Cell # 403 421 Address E -Mail 422 423 City State Zip Fax # 424 425 426 LATE ACCEPTANCE 427 — - 428 If acceptance of this offer is received after the time specified, it sh?()WfP binding on the BUYER unless U a rovgg f said acceptance within 1 „9 z 4Az� PW1 Mss 429 calendar days (three (3) if left blank) by BUYER initialing HERE )( ) Date . If BUYER timely approves of 430 SELLER'S late acceptance, an initialed copy of this page shall be i mediately delivered to SELLER. 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 ft Idaho Association of REALTORS` USE BY ANY OTHER PERSON IS PROHIBITED. eGopynght Idaho Association or REALTORS-, Inc All rights reserved. JULY 2019 EDITION RE -24 VACANT LAND PURCHASE AND SALE AGREEMENT Page 7 of 7 Seriaw 090506300157-3683020 Form Prepared by. Steven Frei I Satterfield Realty I sieven@salterfieldrd carr 1 20823214s Simplicity • F .: �fY,_`^;= -- �iF••': .4 Is.._'.. ..: ._may.=3.-`'-�!••--- _ — _ _ _ -.- J�+ :.,_.... _�: ,,r -:fir..,; •..:,�:_. - :H�'i•- -' 65i:::'�'t': : r:i''•:�•y; �e'i :: it Jca :� ' ��::-'� ;f;'"��'i�:?^.' _ - �,r;-:i;k'-ii�=`�r�,_r.k`=ru��,:�,y i;reS'-� Yti:�t_•r?�.:ic:=;';3•ri:''j = _ - .i A.t .....1f: SAV MEW Ilk r dommidib r -. IPUBur �.[� ,�: /�.•, _ .7. _: -'�� .gip, ::i. i �.��.yj • pP _.~�jr.�1 �. SAV MEW Ilk r dommidib r -. L D S CHURCH CLARK, TIM A CORP OF PRESIDING BISHOPRIC FILE #589-0119 1363 JENA DR SALT LAKE CITY, UT 841500000 CHUBBUCK, ID 832020000 CITY OF CHUBBUCK 5160 YELLOWSTONE AVE CHUBBUCK, ID 832022226 MANNING, SHANE E LOVE, CRAIG 1137 BOEDY ST 4847 JAKE AVE CHUBBUCK, ID 832020000 CHUBBUCK, ID 83202 CITY OF CHUBBUCK HAMPSON, HARRY 5160 YELLOWSTONE AVE 1311 W CHUBBUCK RD CHUBBUCK, ID 832022226 CHUBBUCK, ID 832020000 WEST WIND CONSTRUCTION LLC ORTIZ, JOSE VALENTIN 10912 N TRAUGHBER LN 1165 BOEDY DR CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 PAHL, WESLEY PAHL, WESLEY 2066 S 2950 W 2066 S 2950 W ABERDEEN, ID 832100000 ABERDEEN, ID 832100000 CITY OF CHUBBUCK 5160 YELLOWSTONE AVE CHUBBUCK, ID 832022226 APLINGTON, HEATH 4823 H I RAM AVE CHUBBUCK, ID 832020000 PEARSON, SCOTT A 1123 BOEDY ST CHUBBUCK, ID 832020000 G&J PAHL INVESTMENTS FAMILY LLLP 3183 N PLEASANT VALLEY RD AMERICAN FALLS, ID 832110000 EVANS, NATHAN J 5555 CALEN LN CHUBBUCK, ID 83202 HARDING, MATTISON B 4640 PAHSIMEROI DR CHUBBUCK, ID 832020000 IRWIN, JOHN A 1359 JENA DR CHUBBUCK, ID 832020000 EVANS, MICHAEL 4733 INDEPENDENCE AVE CHUBBUCK, ID 832020000 NYSTROM,BRENNAN 4801 H I RAM AVE CHUBBUCK, ID 832020 DELTAM 3 LLC C/O RIRIE, DEE BOISE, ID 837030000 SANDERS, KYLE P 1151 BOEDY ST CHUBBUCK, ID 83202 G&J PAHL INVESTMENTS FAMILY LLLP 3183 N PLEASANT VALLEY RD AMERICAN FALLS, ID 832110000 POWELL, BARBARA PO BOX 2654 POCATELLO, ID 832060000 VANWART, NATHAN 4723 INDEPENDENCE AVE CHUBBUCK, ID 832020000 SISNEROS, STEVE R 1369 JENA DR CHUBBUCK, ID 832020000 CITY OF CHUBBUCK 5160 YELLOWSTONE CHUBBUCK, ID 832020000 MCNABB, MARGARET I FAMILY LIMITED PARTNERSHIP POCATELLO, ID 832025015 LOISELLE, VICTOR E 10795 N PHILBIN RD POCATELLO, ID 832020000 WILCOX, JOSEPH A 1353 JENA POCATELLO, ID 832027701 UNIVERSITY BIBLE CHURCH INC C/O POWELL, MICHAEL R CHUBBUCK, ID 832020000 CHUBBUCK I o A H 0 Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us LYN YOST — NORTHSIDE CROSSING APPLICATION FOR ANNEXATION AND ZONING - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING (OF APRIL 14, 2020 SUMMARY DESCRIPTION: An application for annexation of approximately 86.67 acres of land into the City of Chubbuck and to include the property in the Creative Community -Northside Crossing (CC -NC) Zone via an amendment to section 18.35.010.6 of municipal code. Property is in the E'/2 of Section 34, Township 5 South, Range 34 East of the Boise Meridian, Idaho, generally located east of the Union Pacific Railroad and south of Tyhee Road. The Comprehensive Plan Future Land Use map designates this area as Employment. Type of Action: Recommendation. STAFF FINDINGS: After reviewing the application, Staff finds that it likely meets the requirements for annexation into the City and for designation in the Creative Community -Northside Crossing (CC -NC) Land Use District. The Comprehensive Plan Future Land Use map designates this area for Employment land uses and development, which is supported by the General Commercial (C-2), Industrial (1), and Creative Community zoning districts. Most of the annexation area lies within the Northside Crossing Progress District, which is designated a Business and Research Park land use area in the Master Development Plan (MDP). The boundaries of each Creative Community are defined in Title 18 of City Code. The City Council will consider the zone change via an amendment to Chapter 18.35 to include this parcel in the CC -NC zone boundary. FACTS BACKGROUND: The annexation of this parcel has been anticipated since the creation of the Northside Crossing Creative Community. There are no plans to deviate from the approved MDP for Northside Crossing — the annexation area was clearly defined in the plan 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. APPLICANT/OWNER: Lyn Yost 13982 N. Rio Vista Road Pocatello, ID 83202 PROFESSIONAL SERVICES: RM ES 600 E. Oak Street Pocatello, ID 83201 LOCATION: East of the Union Pacific Railroad and south of Tyhee Road, the area to be annexed measures approximately 3,500 feet north to south, and over 1,000 feet east to west. PARCEL: Bannock County parcel number: R380305550 SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Industrial PROJECT SIZE: ±86.67 acres EXISTING USE: Crop farming EXISTING STRUCTURES: None VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2018: Tyhee Rd east of Yellowstone, 2,179/day 2018: Tyhee Rd east of Railroad, 1,132/day 2018: Tyhee Rd at Hiline Rd, 874/day BTPO TRAFFIC MODEL ESTIMATE: 2016: Tyhee Rd east of Yellowstone, 1,592/day NORTH: Large -lot residential, church; Bannock County Suburban Residential zone EAST: Crop farming; Creative Community -Northside Crossing (CC -NC) zone SOUTH: Crop farming; Creative Community -Northside Crossing (CC -NC) zone WEST: Union Pacific Railroad and crop farming; Bannock County Industrial zone SERVICES: ACCESS STREET: Tyhee Road on the North and a planned extension of Whitaker Road through the development FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 18.28.020 and Resolution 2019-007, 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 April 14, 2020 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 on the premises at least 7 days prior to the hearing; c. Mailing to those within a 300 ft. radius of the property; and 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 and the Idaho Governor's State of Emergency Proclamation of March 13, 2020. 5. In accordance with Idaho Code §67-6511, notice was provided to political subdivisions providing services within the City. PUBLIC COMMENT: 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 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 ANALYSIS AND RECOMMENDATIONS The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend this parcel be annexed into the City of Chubbuck. See Standards for Review below. RECOMMENDED CONDITIONS: None. 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 request for Annexation and Zoning are satisfied, I move to recommend approval of the Annexation and Zoning request as described in the application materials, and amending of City Code Section 18.35.10.13 to include the subject property, 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 request for Annexation and Zoning are satisfied, I move to recommend approval of the Annexation and Zoning request as described in the application materials, and amending of City Code Section 18.35.10.13 to include the subject property. 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 request for Annexation and Zoning are not satisfied, I move to recommend denial of the Annexation and Zoning request as described in the application materials, and amending of City Code Section 18.35.10.13 to include the subject property I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET] REPORT: Don Matson, Senior Planner dmatson@cityofchubbuck.us (208) 237-2430 DATE: April 6, 2020 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. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 EXHIBITS 1. Reference Map — Northside Crossing Annexation 2. Application Materials 3. Annexation a. Map of Surrounding Annexations b. Standards for Annexation 4. Zoning and Land Use a. Current Zoning Map and Proposed Change b. Standards for Reviewing a Change in Land Use 5. Comprehensive Plan a. Future Land Use Map b. Additional Policies Relevant to the Application 6. Evidence of Notice a. Site Postings b. Mailing List c. Copies of notices on file w/staff 7. Updated Master Development Plan for Northside Crossing (reflecting land to be annexed) PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Exhibit 1: Reference Map - Northside Crossing Annexation F M. City of Chubbuck Land Use Application CONDITIONAL USE PERMIT CHANGE OF LAND USE DISTRICT VARIANCE ANNEXATION & ZONING COMPREHENSIVE PLAN CHANGE City Official: Northside Crossing Exhibit 2 _Z &—"= -'n- N CHUBBUCK 1 D n H 0 Date: 11:1 / m / M For the Land Use Meeting of: O 3 I1 O / 2 O Application Deadlin m I m / m 2: 00 P N/I ! ! ! Name of Applicant: Lyn Yost Phone: (740)258-7094_ Mailing Address: 13982 N. Rio Vista Road Pocatello, ID 83202 Email address: LynYost1 [c_gmai1.com Filing fee of $ 700 plus $ 33 for: Total: $ 733 ❑ ($1.50 per notification mail -outs for Conditional Use Permits.), owners and occupants. ® ($3.00 per notification mail -outs for annexations, zone changes.), owners and occupants. '-" '� las Paid to the City Clerk on: _,204,,0 Initials Receipt # Project location: Between New Day Parkway and T hee Road ' 4. Existing Land Use District: 5. Describe -Proposal: Annexation request for the.Northside Crossing Creative Community. G. The approval of this exception does not sanction the violation of any ordinance. 7. I attest to the truth and exactness of all information supplied on this application. I will develop or uses bject property as set forth herein. 42 ❑1R/ EH tature f Applicant Date PLEASE RETURN THE FOLLOWING WITH THIS APPLICATION: ❑ Earnest Money Agreement - or - ❑x Warranty Deed Copy 0 18 X 24 Drawings (as listed below) X❑ 8 112 X I I Drawings (as listed below) ® Digital PDF copy of documents and drawings e-mailed or on jump drive as much as possible. ❑9 Please attach a legal description of the property. X❑ Names and Addresses of renters and owners within 300 feet on individual, printed adhesive labels, (3 sets.) ❑ Business License Application ❑ Other Assessments or Studies: STANDARDS FOR ILLUSTRATIVE DRAWINGS: FE C The intent of these standards is to produce drawings when required or necessary for illus t' of good clarity, accurac and completeness for use by the City Land Use & Development Commission and the Cit Cil. Size: 1-18" x 24" minimum F ? 4 2020 1-8112" x I I" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 114" = V- 0" minimum RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL. TO: First American Title Company 223 North 15th Avenue Pocatello, TD 83201 File NO.; 87354E -P (ap) OFFICIAL RECORD BK# 0 FEE 16.00 DEPUTY JB BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF First American Title • Pocatello 22002188 2020 Feb 06 AM 10;22 Electronically Recorded by Slmplifile WARRANTY DEED Northside Crossing Exhibit 2 Date: February 03, 2020 For Value Received, JJAR Investment, L.L.C., an Idaho limited liability company, hereinafter J called the Grantor, hereby grants, bargains, sells and conveys unto JYY, LLC, an Idaho limited [` liability company, hereinafter called the Grantee, whose current address is 13982 Rio Vista Rd, Pocatello , ID 83202, the following described premises, situated in Bannock County, Idaho, to wit: Legal Description attached hereto as Exhibit A, and by this referenced Incorporated herein, SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year (0`61 taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Northside Crossing Instrument Exhibit 2 JJAR Investment, L.L.C. , an Idaho limited liability compan (Name: John P. Marshall Title: Member & Manager STATE OF Idaho COUNTY OF Bannock On this F;drth clay of February, 2020, before me, a Notary Public in and for said State, personally appeared John P. Marshall , known or identified to me to be the person whose name is subscribed to the within Instrument as one of the Managers/Members of the]JAR Investment, LLC , which is known or identified to me to be the entity whose name is subscribed to the within instrument and acknowledged to me that he executed the same in said limited liability Company's name, paxl-)kc—', MELISSAFtASCHKE Notary P lic of Idaho COMMISSION #26474 Residing at: Pocatello, Idaho ISSION EXPIRF-$ (0050" NOTARY PUSUC Commission Expires: � #' Is- STATEW COMM EXHIBIT A PARCEL 1: Northside Crossing Exhibit 2 Instrument: .... v4 a_.6oJ r -g -pa A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 34, SAID SOUTH 1/4 CORNER BEING A 1/2" IRON PIN; THENCE SOUTH 89051'08" EAST, ALONG THE SOUTH LINE OF SAID SECTION 34, 79.15 FEET, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF YELLOWSTONE HIGHWAY; THENCE NORTH 0001'13" WEST, ALONG SAID EASTERLY RIGHT- OF-WAY, 1751.41 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING MARKED BY A 1/2" IRON PIN TAGGED LS 968: THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY OF YELLOWSTONE HIGHWAY NORTH 0001'13" WEST, 1726.01 FEET TO A 1/2" IRON PIN TAGGED LS 968; THENCE SOUTH 89031'57" EAST, 2623.66 FEET TO THE EAST LINE OF SAID SECTION 34, AND BEING MARKED BY A 1/2" IRON PIN, TAGGED LS 968; THENCE SOUTH 00000'00" EAST ALONG SAID EAST LINE 1726.00 FEET TO A 1/2" IRON PIN TAGGED LS 968; THENCE NORTH 89031'57" WEST, 2623.05 FEET TO THE POINT OF BEGINNING. EXCEPT: A 100 FOOT UNION PACIFIC RAILWAY RIGHT-OF-WAY. ALSO EXCEPT: ALL THAT PROPERTY LYING WEST OF THE UNION PACIFIC RAILWAY RIGHT- OF-WAY, PARCEL 2: A PARCEL OF LAND SITUATED IN THE EAST 1/2 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 34, SAID SOUTH 1/4 CORNER BEING A 1/2" IRON PIN; THENCE SOUTH 89051'08" EAST, ALONG THE SOUTH LINE OF SAID SECTION 34, 2.9.15 FEET, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF YELLOWSTONE HIGHWAY; THENCE NORTH 0001'13" WEST, ALONG SAID EASTERLY RIGHT- OF-WAY 3477.42 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING MARKED BY A 1/2" IRON PIN TAGGED LS 968: THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 0001'13" WEST 1786.49 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TYHEE ROAD, THE SAME BEING MARKED BY A 1/2" IRON PIN TAGGED LS 968; THENCE SOUTH 89059'44" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY, 2624.31 FEET TO THE EAST LINE OF SAID SECTION 34 AND BEING MARKED BY A 1/2" IRON PIN TAGGED LS 968; THENCE SOUTH 00000'01" EAST, ALONG SAID EAST LINE, 1807.68 FEET, TO A 1/2' IRON PIN TAGGED LS 968; THENCE NORTH 89°31'57" WEST, 2623.66 FEET TO THE POINT OF BEGINNING. EXCEPT: A 100 FOOT UNION PACIFIC RAILWAY RIGHT-OF-WAY. ALSO EXCEPT: ALL THAT PROPERTY LYING WEST OF THE UNION PACIFIC RAILWAY RIGHT- OF-WAY. ANNEXATION DISPLAY MAP FOR: LYN YOST LOCATED IN THE EAST 112 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COi1NTY, IDAHO I' TYHEEESTATES TYHEE ESTATES FIRST ADDITION `{ 8 & N ESTATES INST NO. 93000453 INST. NO. 940023S3 -? INST NO 558435 N 7115"W 2665.57 25' FROM SFCTI III LINE 27 1 ----- NORTHET CORNER OF NORTH 114 CORNER OF SECTIASON 34. FOUND SECTION 34. FOUNDN 8°51)33" E RAILROAD SPIKE AS MONUMENT IN VALLT. SEE rDESCRIBED AS DESCRIBED CP & F INST. NO. 210D7749 U 81.36 IN CP & F INST. NO 20520343 NORTNS/DE CROSS/Ir aCREi4T1VE COIWIWUN1B6.S7AC= K, -N 1 Yt:: [AI I: Yr:�f JJAR INVESTMENT, LLC _ IN T.{.O. 2{141n f9_•INST. NO 21005389, CfTY OF CHUBBUCK ANNEXATION ORDINANCE NO. 77P INST. NO. 21615619 CENTER 174 CORNER OF 34�i SECTION 34. MONUMENT — IN VAULT. SEE CP & F �35 INST. NO. 21047746 EAST 114 CORNER OF SEq m FOUND 112" REBAR WITHAl STAMPED "LS 2341" AS Dm CP & F INST. NO. 2052034 POINT OF BEGINNING ft c A ARC iCHORD TANGENT CHORD SEE RECORD OF SURVEY LENGTH a FOR GLEN MARSHALL C1 p8_ INST. NO 94014990 1027.62'' _-52 ' _ 259.50' N 03°48'55" E 517.01' TAILWIND SUBDIVISION INST. NO. 20727165 SEE RECORD OF f� SURVEY FOR LYN YOSI INST. NO. 21903707 LL v la � 4 n CITY OF CHUBBUCK : r ANNEXATION CITY OF CHUBBUCsC ANNEXATION �}' ORDINANCE NO. 767 INST. NO. 219(14283 ORDINANCE NO. 199 n NCRTHSiDE PLAZA _ z 9URDIVfS]ON INST. NO. 621576 SOUTHEAST CORNER OF u "L' JP [11SN AP MONUMENT AS DES( CP & F fNST, I 21211' -1667.19' 963.56' 34 35 3 51PNON R AP S 89"36144" E 2650,75' 3 2 114 CORNER OF qECTION 34. ITD MONUMENT I VAULT AS IBED IN CP & F IN T. NO. 21111572 K �I'Mide Crossing Exhibit 2 147CINITY AfAP YOST ANNEXATION BOUNDARY LINE CURRENT CITY OF CHUB3UCK BOUNDARIES CURVE TABLE ft RADIUS A ARC iCHORD TANGENT CHORD LENGTH BEARING DISTANCE C1 2950.00' 1 10°03'16" 517.68' 259.50' N 03°48'55" E 517.01' GRAPAVC SCALE 400 0 200 404 I (IN FEET) 1 inch =400` WHEN PRINTED 16" X 24" D CECIEOME n [ FCP 2 a�o� ANNEXATION DISPLAY MAP FOR: LYN YOST LOGATED IN THE EAST 172 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO Eng'Insers s Surveyors • Planners 8DY SBtfr St. W. ,/`tJ8 ! M71ffslnx, ND 56reOt � p4tJ 572-0f>0 SW E. a x St.: Pov&Who, m OMf i< /rare/ 294 -Of fO R.1201Y0Sr, LYN%NNEXATION-2MXXGUR"GAMYOST = enfr Exhibit 3a: Map of Surrounding Annexations Northside Crossing Annexation Exhibit 3b: Standards for Annexation Compliant Standards and Staff Comments Yes No N/A State/City Code City standard and staff comments X State Statute 50-222 (1) Ensures orderly development Staff Comments Annexation of the land is reasonably necessary to ensure orderly development X State Statute 50-222 (2) Contiguous and adjacent to City limits Staff Comments Property is contiguous to current City limits and is not connected by a shoestring of land or right-of-way X State Statute 50-222 (2) Adjacent highways annexation requirement Staff Comments Normally all portions of roads and highways wholly or partially within the area are included with an annexation, but there is a strip of privately owned land under Tyhee Road that will be annexed at a later time. X State Statute 50-222 (3) Annexation category and owner consent Staff Comments This is a category A annexation — it is at the owner's request. X State Statute 67-65 & Annexation and Local Land Use Planning procedures City Code 18.28.020 Staff Comments The applicant has followed requirements of the State Statue and City Code X State Statute 67-65 In area of City Impact Staff Comments The parcel is within the Area of City Impact as negotiated by the City of Chubbuck and Bannock County X State Statute 67-65 Consistent with the Comprehensive Plan Staff Comments This is on the Future Land Use map as Employment and appears consistent with the plan X State Statute 67-6509 Notice to Bannock County, Pocatello/Chubbuck School & City Code 18.28.020 District and other entities Staff Comments Notifications mailed with adjacent property owners list X State Statute 67-6511 Zoning ordinance Staff Comments A zoning ordinance will be drafted upon approval PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 Exhibit 4a: Current Zoning Map and Proposed Change 4/7/2020, 4:03:21 PM 1:9,028 Bannock County Parcels Limited Residential (R-2) General Commercial (C-2) o 0.07 0.15 0.3 mi 0 0.13 0.25 0.5 km Road Centerline Zoning Agriculture (A) Single Family Residential (R-1) Limited Residential - P (R -2P) Dense Residential (R-4) Limited Commercial (C-1) Industrial (1) = Planned Unit Development (PUD) L-7 Creative Community City of Chubbuck GIS, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, City of Chubbuck GIS Eagle View Pictometry City of Pocatello City of Chubbuck USDA FSA, GeoEye, Maxar, CNES/Airbus DS I City of Chubbuck GIS Exhibit 4b: Standards for Reviewing a Change in Land Use State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications for changes in land use districts/zoning. Specifically: 1. Idaho Code: §67-65 Local Land Use Planning Chubbuck City Code: Title 18, Land Use City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) City Code 18.28.050 states "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." 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. Other code and policy may be identified from State Law, City Code, or the Plan: see Exhibit 4b. Summaries of codes, goals, objectives, and policies may not be verbatim. IDAHO CODE §67-6511: ZONING ORDINANCE SUBSECTION 2(a) REQUESTS FOR AN AMENDMENT TO THE ZONING ORDINANCE — DELIVERY OF SERVICES STATE LAW Consider effects of zone change upon delivery of services by any political subdivision providing public service within the City RESPONSE Notices were sent to each of the following agencies regarding the proposed action COMMENT Bannock County Planning & Development: No concerns/no comment received Fort Hall Irrigation Project/Bureau of Indian Affairs: No concerns/no comment received Pocatello Regional Airport: No concerns/no comment received Pocatello/Chubbuck School District 25: No concerns/no comment received Pocatello-Chubbuck Auditorium District: No concerns/no comment received Southeastern Idaho Public Health: No concerns/no comment received SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN STATE LAW Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on public services per subsection 2(a), governing board may: • Require the application be submitted to the LUDC, or • In the absence of a commission, consider an amendment to the Plan COMMENT All applications for changes in land use district/zoning are presented to the LUDC for recommendation before going to the City Council. See also Exhibit 4b. COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DISTRICT -ZONE DISTRICT CONVERSION TABLE INDICATES WHICH ZONING DISTRICTS SHALL BE ALLOWED WITHIN EACH PLAN DISTRICT OBJECTIVE Only the zoning districts listed in the table shall be allowed in the corresponding plan districts as shown on the Comprehensive Plan Map POLICY When annexation of land occurs, zoning that matches the property's plan designation shall be assigned Plan Designation Low Density Residential (LDR): R-1 Single Family Residential, R-2 Limited Residential PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Plan Designation Medium Density Residential (MDR): R-2 Limited Residential, R-3 - General Residential Plan Designation High Density Residential (HDR): R-3 - General Residential, R-4 Dense Residential Plan Designation Commercial (C): C-1 Limited Commercial, C-2 General Commercial Plan Designation Employment (E): C-2 General Commercial, I Industrial Plan Designation Mixed Use (MU): R-1 Single Family Residential, R-2 Limited Residential, R-3 - General Residential, R-4 Dense Residential, C-1 Limited Commercial COMMENT The Creative Community zone was created to satisfy all of the land use designation areas defined in the Plan. GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY b. Make careful assessment of the costs and benefits of annexation COMMENT The site is agricultural land; however, the Creative Community zone is intended for greenfield development. POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT Part of the project is outside the Urban Service Boundary (USB). The USB will be amended to reflect expansions in infrastructure capacity. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use STRATEGY* a. Guide the location of development through use of the USB and utility phasing COMMENT The development is phased with utilities. 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 Northside Crossing MDP includes light industrial and commercial land uses for much of this area, which complies with the Comprehensive Plan designation of the area as Employment. 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 MDP creates a well-planned mix and transition of uses. Lower intensity land uses are located to the east with higher intensity to the west adjacent to the railroad. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT The MDP reserves part of this land for commercial land uses. 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 Northside Crossing includes a design manual for the development. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Exhibit 5a: Future Land Use Map 4/7/2020, 4:06:40 PM 1:9,028 Bannock County Parcels Commercial Low Density Road Centerline Employment = Medium Density Future Land Use Designation High Density = Mixed Use = <all other values> 0 0.07 0.15 0.3 mi 0 0.13 0.25 0.5 km City of Chubbuck GIS, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, City of Chubbuck GIS Eagle View Pictometry City of Pocatello City of Chubbuck USDA FSA, GeoEye, Maxar, CNES/Airbus DS i City of Chubbuck GIS Exhibit 5b: Comprehensive Plan Additional Policies Relevant to the Application 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 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 COMMENT The MDP for this area includes extensive non -motorized accommodations. 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 The MDP for the site includes road classifications. 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 development consumes agricultural land, but at a density that will support transit service. 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 The site will include sidewalks on all streets, as well bicycle/pedestrian trails. 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 The plan for the site includes connections for streets, including those north of Tyhee Road. POLICY d. Provide mid -block pedestrian pathways where long blocks are necessary COMMENT Bicycle and pedestrian paths are planned throughout the site, connecting with regional trails and the robust Northside Crossing trail system. POLICY f. Provide pedestrian and vehicular connections between adjoining developments for new commercial, industrial, and institutional development, where possible COMMENT Connections are provided on the north, east and south. No connections are planned to cross the railroad on the west side of the property. POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks and pathways are planned on both sides of the streets. 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 MDP includes modified street sections and slower, multi -modal traffic. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 Northside Crossing Exhibit 5b STRATEGY* a. Use streets, pedestrian ways, and connectivity development standards to ensure that SLreeLS and pedestrian ways are well connected and provide a safe environment for pedestrians COMMENT Northside Crossing will include a well-connected, safe environment for all modes of transportation. CHAPTER 6: COMMUNITY DESIGN GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development POLICY c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors POLICY d. Encourage the development of plazas and courtyards by commercial development that encourage public gathering, particularly in the neighborhood and community centers COMMENT The Northside Crossing MDP includes such design guidelines. OBJECTIVE 6.2.2 Encourage infill and redevelopment to be pedestrian -oriented POLICY a. New infill and redevelopment housing shall be designed so that: • Garages and carports are set back farther from the street than the front of the dwelling • Usable front porches or balconies are provided and are oriented to the street COMMENT Although it isn't infill, the Northside Crossing MDP includes such design guidelines. POLICY e. Coordinate parking space standards and parking lot designs with pedestrian, bicycle and transit systems COMMENT The Northside Crossing MDP includes such design guidelines. 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 • Provide a mix of housing choices and types • Design neighborhoods to accommodate bus transit COMMENT The Northside Crossing MDP includes such design guidelines. POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods, communities, and districts COMMENT The Northside Crossing MDP includes planning and guidelines for 4 distinct villages. 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 Part of the site is outside the USB. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 1940�t_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Northside Crossing Exhibit 5b 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 On-site stormwater retention is planned for the property. POLICY d. Limit development on steep slopes COMMENT N/A — the area has no steep slopes. 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 c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT Property is in the process of being annexed. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT The development will comply. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT Property is in the process of being annexed. 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 Developer is installing water and sewer lines. 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 development will have an overall density higher than the rest of the city. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT Standards are being implemented. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.1 Maintain existing and future parks COMMENT The development will include both public and private parks. 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 development will include both public and private parks, as well as 7miles of trails. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us Northside Crossing Exhibit 5b 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 The streets are planned to connect. POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT The development will include sidewalks, bike lanes, and 7miles of trails. POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT I The MDP provides for all of these features. 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 MDP includes a variety of housing types. 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 MDP plan includes these features. OBJECTIVE 10.1.3 Encourage the development of affordable housing COMMENT The MDP includes a variety of housing types and price points. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT The MDP includes integrated commercial and residential development. CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school POLICY a. Establish a system of paths, sidewalks, bike lanes and routes that permit safe access to city schools COMMENT The site will include paths, sidewalks, and bike lanes, but a clear connection to a school site has not been determined. POLICY b. Consider pedestrian access to nearest school during site plan review COMMENT The site will include paths, sidewalks, and bike lanes, but a clear connection to a school site has not been determined. POLICY c. Require sidewalks along both sides of public streets COMMENT I Sidewalks are planned on both of streets at this site. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 /944�c_\ 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us Northside Crossing Exhibit 5b GOAL 13.2 SUPPORT THE MAINTENANCE AND ENHANCEMENT OF THE PUBLIC EDUCATIONAL SYSTEM OBJECTIVE 13.2.2 Create schools that are safe and accessible to students with a minimal need for school - operated busing, and that are compatible with and complementary to their neighborhoods POLICY c. Work with schools and neighborhoods to explore options for access to elementary and secondary schools via local streets and/or pathways COMMENT The site will include paths, sidewalks, and bike lanes, but a clear connection to an assigned school site has not been determined. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY a. Within the USB, annexation shall be required before new development is permitted COMMENT The site is in the annexation process. POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT Services are available through the other parts of Northside Crossing. * The Comprehensive Plan includes several strategies with the policies in certain chapters. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 B A 0 Exhibit 6: Evidence of Notice a. Site Posting b. Mailing List c. Copies of printed notices on file with staff a. Site Posting Sign posted (Tyhee Road frontage) March 24, 2020. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 VERY 5960® i Easy Peel`�'AddressLabels Gotoi Northside Crossing I Bend along line to expose Pop-up Edge" Exhibit 6b RPR3803055502 RPR3903055502 RPR3803055502 JJAR INVESTMENT LLC JJAR INVESTMENT LLC JJAR INVESTMENT LLC C/O John Marshall C/O John Marshall C/O John Marshall 480 Tewa Ave. 480 Tewa Ave. 480 Tewa Ave. Pocatello, ID 83204 Pocatello, ID 83204 Pocatello, ID 83204 RPRCT W 5000400 RPRCT W S000400 RPRCT W 5000400 Becky L. Rey Becky L. Rey Becky L. Rey 1026 E 1300 N 1026 E 1300 N 1026 E 1300 N Shelley, ID 83274 Shelley, ID 83274 Shelley, ID 83274 RPRRTYE000100 RPRRTYE000100 RPRRTYE000100 Todd Crump Todd Crump Todd Crump 13031 N. Billy Ln. 13031 N. Billy Ln, 13031 N. Billy Ln. Pocatello, ID 83202 Pocatello, ID 83202 Pocatello, ID 83202 RPRRSAN000100 RPRRSAN000100 RPRRSAN000100 Corp. of Presiding Bishop Corp. of Presiding Bishop Corp. of Presiding Bishop 50 E. North Temple 50 E. North Temple 50 E. North Temple Salt Lake City, UT 84150 Salt Lake City, UT 84150 Salt Lake City, UT 84150 R P RCTW 5000600 RPRCTW 5000600 RPRCT W S000600 Quality Concepts, Inc. Quality Concepts, Inc. Quality Concepts, Inc. 272 Tailwind Cir 272 Tailwind Cir 272 Tailwind Cir Chubbuck, ID 83202 Chubbuck, ID 83202 Chubbuck, ID 83202 RPR3803040902 Edwin R. Dekay RPR3803040902 RPR3803040902 CIO Leonard, Ruth Dekay Edwin R. Dekay Edwin R. Dekay 50 Need Rd. CID Leonard, Ruth Dekay CIO Leonard, Ruth Dekay Tiverton, RI 28784 50 Need Rd. 50 Need Rd. Tiverton, RI 28784 Tiverton, RI 28784 R P R RTYE000200 RPRRTYE000200 R P R RTY E000200 Ronald Newton Ronald Newton Ronald Newton 13063 N. Billy Ln. 13063 N. Billy Ln. 13063 N. Billy Ln. Pocatello, ID 83202-5177 Pocatello, ID 83202-5177 Pocatello, ID 83202-5177 RPRRSAN001200 RPRRSAN001200 RPRRSAN001200 Kaylynne Paskins Kaylynne Paskins Kaylynne Paskins 13064 N. Moonglow Ln 13064 N. Moonglow Ln 13064 N. Moonglow Ln Pocatello, ID 83202 Pocatello, ID 83202 Pocatello, ID 83202 RPRCCPC041900 RPRCCPC041900 RPRCCPC041900 Kent L. Yost Kent L. Yost Kent L. Yost 13826 N. Moonglow 13826 N. Moonglow 13826 N. Moonglow Pocatello, ID 83202 Pocatello, ID 83202 Pocatello, ID 83202 Oregon Short Line RR Co Oregon Short Line RR Co Oregon Short Line RR Co C/O UPRR Co Property Tax Dept C/O UPRR Co Property Tax Dept C/O UPRR Co Property Tax Dept 1700 Farnam St. 10th Floor South 1700 Farnam St. 10th Floor South 1700 Farnam St. 10th Floor South Omaha, NE 68102-2010 Omaha, NE 68102-2010 Omaha, NE 68102-2010 ?at: avery.com/patents Eticiuettes d'adresse Easy Peel' � AilezA avery.ca/gabarits � i I � I Repliez 6 la hachure afln de reveler le rebord Pop-up® I Utilisez le Gabarit Avery 5960 Northside NCrossing AT NEW DAY NORTHSIDE CROSSING a. �m EDITIONS.......................................................................................................... 2 SECTION A. THE NORTHSIDE CROSSING STORY ................................... 7 OVERVIEW........................................................................................................ 7 VISION FOR THE FUTURE..............................................................................8 PURPOSE OF MASTER PLAN GUIDELINES...............................................10 DEFINITIONS..................................................................................................11 SECTION B: LIVE SMART................................................................. 13 THE BASIS OF DESIGN PRINCIPLES...........................................................13 COMMUNITY DESIGN PRINCIPLES & IMPLEMENTATION ....................14 Environmental Stewardship.........................................................................14 Education and Enrichment...........................................................................15 Technology.....................................................................................................15 HealthyLiving.................................................................................................16 Senseof Community.....................................................................................18 SECTION C: DEVELOPMENT CODE .................................................... 19 PURPOSE.........................................................................................................19 AUTHORITY....................................................................................................19 APPLICABILITY...............................................................................................19 APPROVAL PROCESS...................................................................................19 ZONING..........................................................................................................20 PRELIMINARY PLAT.......................................................................................20 DEVELOPMENT AGREEMENT.....................................................................20 FINALPLAT.....................................................................................................20 Northside NCrossing 4T NEW DAY ASBUILTS.......................................................................................................20 BUILDING PERMIT.........................................................................................21 CERTIFICATE OF COMPLETION.................................................................21 AMENDMENTS..............................................................................................21 LANDUSE CONCEPT....................................................................................22 LAND USE CLASSIFICATIONS.....................................................................23 AREASUMMARY........................................................................................... 24 SECTION D: COMMUNITY................................................................ 25 COMMUNITY DESIGN.................................................................................. 25 MASTERPLAN................................................................................................26 NEIGHBORHOOD DISTRICTS..................................................................... 27 STREET CLASSIFICATION & SECTIONS .................................................... 28 TYPICAL SECTIONS....................................................................................... 29 WAYFINDING & INTERPRETIVE SIGNAGE...............................................35 SECTION E: RESIDENTIAL ARCHITECTURAL REVIEW AND DESIGNS ..... 36 REVIEW AND APPROVAL AUTHORITY......................................................36 RESPONSIBILITY FOR COMPLIANCE........................................................36 GOVERNMENTAL REQUIREMENTS...........................................................36 DESIGN REVIEW AND APPROVALS...........................................................36 GENERAL SUBMISSION REQUIREMENTS................................................37 SITEPLAN.......................................................................................................37 FLOORPLANS................................................................................................37 ROOFPLANS..................................................................................................37 EXTERIOR ELEVATIONS...............................................................................37 SITE DESIGN CRITERIA.................................................................................38 SETBACKS....................................................................................................... 39 HOME TO STREET RELATIONSHIP.............................................................39 Northside NCrossing 4T NEW DAY SIDE YARD AND REAR YARD CONSIDERATIONS FOR NON -CORNER LOTS................................................................................................................39 GARAGES & DRIVEWAYS............................................................................40 GARAGES FACING PUBLIC STREETS.........................................................40 GARAGE DOOR TREATMENTS...................................................................40 SIDEWALKS....................................................................................................41 RESIDENTIAL HOUSING STANDARDS......................................................41 SIDEYARDS....................................................................................................42 ENCROACHMENTS.......................................................................................42 SITECOVERAGE............................................................................................43 CARRIAGE HOUSE UNITS (aka detached single family dwelling) ..........43 SINGLE FAMILY DETACHED DESIGN STANDARDS.................................44 SITE STANDARDS..........................................................................................47 VARIATION, DIVERSITY AND STYLE...........................................................47 FRONT LOAD HOME....................................................................................48 ALLEY LOAD HOMES....................................................................................50 ZERO LOT LINE GARDEN AND SHOP HOUSES........................................52 APARTMENT HOUSES..................................................................................53 ELEVATION REPETITION..............................................................................54 CORNER LOTS - GARAGE ORIENTATION.................................................55 LOT DRAINAGE REQUIREMENTS...............................................................57 RETAINING WALLS........................................................................................57 LANDSCAPE REQUIREMENTS....................................................................58 ALLEY LANDSCAPE.......................................................................................58 RESIDENTIAL LANDSCAPING......................................................................59 THOROUGHFARE FRONTAGE (PUBLIC LANDSCAPE AREAS) .............60 PRINCIPLES.....................................................................................................60 GUIDELINES...................................................................................................60 Northside NCrossing 4T NEW DAY STANDARDS..................................................................................................60 STREET TREES PLANTING SCHEDULE....................................................... 61 SPACING.........................................................................................................61 SPECIES AND VARIETIES..............................................................................62 CORNER LOT LANDSCAPE..........................................................................66 NSXFENCING................................................................................................ 67 RAINWATER COLLECTION & IRRIGATION...............................................68 UTILITY/SERVICE/MECHANICAL EQUIPMENT..........................................68 RECYCLING & TRASH CONTAINERS..........................................................68 LIGHTING........................................................................................................68 MISC. REQUIREMENTS.................................................................................69 ENERGY USE AND CONSERVATION.........................................................70 ENERGY EFFICINCY STANDARDS..............................................................70 CONSTRUCTION BEST MANAGEMENT PRACTICES...............................72 CONSTRUCTION EQUIPMENT, PARKING AND STORAGE.....................73 BUILDER TRAILERS........................................................................................74 SITE CLEANLINES..........................................................................................74 LOT MOWING: RULES AND REGULATIONS.............................................74 SECTION F: COMMERCIAL............................................................... 76 SECTION G: APPENDIX.................................................................... 77 EXHIBIT A: TOPOGRAPHY MAP................................................................. 78 EXHIBIT B: MASTER PLAN...........................................................................79 EXHIBIT C: DISPLAY MAP OF BOUNDARY...............................................80 EXHIBIT D: LEGAL DESCRIPTION OF BOUNDARY ................................ 81 MAST E R PLAN GUIDELINES 5'' EDITION Northside `N Crossing AT NEW DAY OVERVIEW Agriculture has played an integral role in shaping American history. Through a spirit of entrepreneurship and determination, farmers and ranchers have served as the backbone of economic development throughout our region. Much like the land rush most notably remembered by the Oklahoma Sooners, the development land was homesteaded in that similar fashion, which provided the Jenson family with a new beginning. Horses and wagons were lined up south of town with pilgrims eager to stake their claim to land that would become their homestead for generations to come. At the dawn of a new day and at the sound of a canon, they raced north with fresh horses staged at strategic intervals to provide a competitive advantage. Merely staking their claim was not enough. They then mounted new horses and raced to the Blackfoot field office where they recorded their land claim. This was the first day of the rest of the lives for many generations to come. While this new creative community will look much different than it did many decades ago, the opportunity for residents will be much the same. The intent of Northside Crossing is to create a community that will bring a fresh approach to modern-day life. This development will reap the rewards of sustainability and healthy living, allowing residents to cultivate an environment where residents and entrepreneurs can thrive. M A S T E R P L A N G U I D E L I N E S 5` L I I J eqeNorthside Crossing AT NEW DAY Northside Crossing (NSX) is more than the sum of its parts. The Northside Crossing community will preserve rural traditions and a small-town experience that many Americans value while providing a modern approach to living. VISION FOR THE FUTURE NSX is rooted in forward -thinking development approaches on community design, sustainability and technology. The community will introduce smart design principles to ensure a high quality of life for future generations of Chubbuck residents. Environmental stewardship is vital to sustaining the long-term growth of the community. NSX will follow sustainable development practices, including state of the art water management, storm water pollution prevention, water conservation, and energy usage and efficiency programs. 1a,A. 6d,e_\ CHUBBUCI( 1 0 A H 0 Through community gardens, residents of all ages will have the opportunity to learn about agricultural practices and take ownership in the food production process. The community will accommodate residents' everyday needs through a well-planned and designed mixed-use developments. Northside Crossing is focused on providing a convenient, pedestrian -friendly area with large pathways, tree corridors, neighborhood parks and recreational areas and amenities. These areas will be decorated with art work, benches, gathering areas, exercise related amenities, decorative lighting and other amenities to enhance the public experience. Northside Crossing at New Day offers an interconnected, multifaceted community with strong roots in the land. Northside Crossing at New Day will provide a new opportunity for its residents. Much like the dawn of MAST E R PLAN GUIDELINES 5 q Northside Crossing AT NEW DAY a new day, our new community will provide residents a new beginning, and a new start, and a new life every day of the year. We envision a creative community like no other community found in Southeastern Idaho. Northside Crossing will be a walkable community focused on providing avenues for enjoying the outdoors. A high-tech neighborhood served with fiber-optic based high speed internet access. Our homes and other buildings will be state of the art, using "smart home" technologies to take advantage the latest in creative and innovative designs. These homes will meet the highest of standards qualifying for energy star ratings. Renewable energy technologies will be incorporated into the neighborhood establishing good environmental stewardship. Optional solar panels will be affordably offered to new home owners and also used to help power public amenities. Recycling and repurposing will be emphasized and supported with collection bins. The community will be designed around the pedestrian, rather than the roadway. Roads will be planned and built intentionally narrower than found in other neighborhoods. This design has proven to slow traffic and create safer communities while not impeding neighborhood traffic and function. MAST E R PLAN GUIDELIN ES E L1 1 i ON Northside NCrossing AT NEW DAY PURPOSE OF MASTER PLAN GUIDELINES The purpose of the design standards and guidelines set forth herein ("Master Plan Guidelines") is to assist property owners and the City working within Northside Crossing to create a vision of the intended environment of the Northside Crossing master planned community. These master plan guidelines are not intended to be a static document, but rather they intentionally allow for flexibility so that they can continue to evolve in response to changing conditions and circumstances. It is anticipated that over the life of the community, these master plan guidelines will be refined to incorporate new challenges and opportunities. The Community Builder will rely on the criteria set forth in this document to establish the character and enhance the value of the overall master planned community and to help ensure that new improvements are consistent with the criteria set forth in these Master Plan Guidelines. These Master plan guidelines are intended to be a reflection of the CC Zone city code. The CC Zone code is considered the minimum standard, whereas this MPG is intended to further describe the development standards. The design intent statements, standards and guidelines have been adopted to provide specific direction on the vision of Northside Crossing and supporting design principles. The Master plan guidelines set forth the design review and approval process and provide the parameters for building and site design, streetscape design and construction practices. The CC Zone code for the City of Chubbuck sets the minimum standards. The Master Plan Guidelines may exceed the adopted zoning code in terms of standards or regulations but should not drop below the CC Zone standards. "Shall" or "Must" indicate a standard for which compliance is required unless otherwise approved in advance by the Community Builder. "Should," May" or "Highly Encouraged" denote a guideline for which conformance is strongly encouraged and is considered pertinent to achieving the design intent of Northside Crossing, with exceptions considered based on site and project conditions. Guidelines are strongly considered if there is a request to waive a related standard. M A S T E R P L A N G U I D E L I N E S 5 DEFINITIONS Northside Crossing AT NEW DAY Northside Crossing - refers to the entire 225 acres included in the Northside Crossing Mixed -Use Planned Development (MPD) in Chubbuck, ID. Community Builder- DKL, LLC Builder - A person, or legal entity holding all or a portion of the fee -simple interest in property located within Northside Crossing, and their contractors, architects, engineers, consultants and other representatives. Improvements - Every structure and all appurtenances thereto, including but not limited to buildings, parking areas, paved areas, garages, loading docks, sidewalks, landscaping, plantings, trees, irrigation systems, exterior lighting, site and street furniture, signage, fences, gates, walls, stairs, decks, patios, bollards, and all facilities used in connection with water, sewer, drainage, gas, electric, telephone, television or other utilities. Context - As used here, context consists of all the neighboring, external factors that have a formative influence on the appearance of a building or site, including height, mass, massing, scaling elements, design, materials, location and so forth. Design Vocabulary - The physical attributes, characteristics and details that make up a site and building; put simply, the elements one can see when looking at the site and building. These include, at one extreme, the size, shape, color and texture of its materials. At the other extreme, it's the way the building handles setbacks and articulation of the facade or elevation through alignment of elements (such as windows, cornices or columns). Further examples include texture, scaling elements, color, material changes and window mullions. Pedestrian -friendly - "Pedestrian -friendly" is a measure of the quality of an environment from the perspective of a person on foot. A pedestrian -friendly environment is a place where people can enjoy public life in a comfortable setting. Corner - The convergence of two streets, containing one unit. A typical intersection would contain 4 corners and 4 units. Greenspace/Open space - A planned space containing public use amenities such as trails, parks, playgrounds and gardens. MAST E R PLAN GUIDELINES 5'' EDITION Northside `N Crossing AT NEW DAY THE BASIS OF DESIGN PRINCIPLES Northside Crossing (NSX) is devoted to the study of "what's next." In that spirit, we're committed to demonstrating leadership in forward -thinking initiatives on community design, conservation, technology and more. Our main goal is to ensure that our home buyers Live Smart — ensuring a harmonious and enduring relationship between residents, the land and the re -invention of a strong community life. NSX is intended to be an integrated community featuring a wide range of housing products coupled with ample parks and open spaces. The development will also feature thoughtful commercial and enterprise uses that complement the community and the city. In order to create a dynamic vision that could drive Northside Crossing's overall development, we have created these master plan guidelines in a collaborative process between the City of Chubbuck and the community builder creating a smart community with vast development potential. The evolution of this document has brought together a variety of great minds and local entities including municipal staff and officials, community builders, home builders, designers and engineers. Through their collaborative efforts, this diverse group was able to create this vision for the Northside Crossing community. M A S T E R P L A N G U I D E L I N E S 5 COMMUNITY DESIGN PRINCIPLES & IMPLEMENTATION ENVIRONMENTAL STEWARDSHIP -ReeNorthside Crossing AT NEW DAY The thoughtful stewardship of our environment is essential to the long-term well-being of our community. A host of sustainable development practices will help us minimize our energy usage and ensure that Northside Crossing is a flourishing and sustainable community. The following environmental initiatives at the heart of Northside Crossing include: A. WATER QUALITY / STORM WATER POLLUTION PREVENTION State of the art water management practices will be a prevalent feature throughout the community, providing an important water filtration function and emphasizing environmental approaches consistent with the goals and policies in the "Portneuf Valley Stormwater Design Manual". B. NATIVE / SUSTAINABLE LANDSCAPE Native / sustainable landscape will be incorporated into greenspace designs and into individual residential construction projects. Each development project, including houses, will be required to incorporate sustainable landscape designs. C. WATER CONSERVATION Open space irrigation will be provided by efficient irrigation systems utilizing Fort Hall irrigation water. The use of the irrigation water will ensure the preservation of the City's culinary water resources and promote the best use of our area water resources. D. ENERGY EFFICENCY NSX will be implementing an Energy Efficiency program, homes will be certified with a nationally recognized energy efficiency certification that combines advanced building science techniques with energy efficient technologies to ensure energy efficient, comfortable homes. All homes constructed within the development will be required to be certified by our program. iEMaaIL GAMER` energy Jim a I` efficiency M A S T E R P L A N G U I D E L I N E S 5' E D I T I O N EDUCATION AND ENRICHMENT Northside NCrossing AT NEW DAY Along with an integral relationship with the land, Northside Crossing will emphasize education and personal enrichment in a number of ways. A. NORTHSIDE COMMUNITY GARDENS Residents will receive hands-on learning experience in gardening practices and be provided areas where they can cultivate crops, share techniques and develop lasting friendships. B. EDUCATION Community members of all ages will benefit from learning how food is produced and distributed, the importance of local food production, culinary techniques, etc. NSX will encourage a partnership with ISU Workforce Training and Continuing Education to develop classes to be held at the "Hub" providing for life enrichment classes such as art, cooking, exercise, etc. Thereby promoting a balanced life and sense of community for NSX residents. TECHNOLOGY Contemporary technology has provided us with a number of efficiencies and opportunities that in the past would have been unimaginable. The utilization of sophisticated technology for everything from Fiber to each home C. HOME AUTOMATION communications and transportation to energy usage will provide tremendous value to this forward - thinking community. Fiber optic cable broadband connections for individual residences will offer the fastest broadband download speed available in the market. Fiber will enable residents to utilize the latest in-home automations, security, and home efficiencies. A truly smart and efficient home automation system offering conveniences such as automated lights, locks and cameras; integrated audio and video; and optional security features will be afforded each homeowner through an exclusive relationship developed with various technology providers. D. INTERNET AND TV Community Wi-Fi will be provided in various common and community areas for full convenience. Dish and DirecTV will be available throughout the development upon conformance with community standards for placement of exterior devices. MAST E R PLAN GUIDELINES 5'' EDITION Re Northside Crossing AT NEW DAY HEALTHY LIVING Northside Crossing will offer a variety of convenient recreational opportunities to promote better health and wellness, which in turn relates to a higher quality of life. Northside Crossing is a walkable community designed and planned with the pedestrian in mind. The development will incorporate a significant open space network, with a variety of trails, and green expanses connecting community members with the environment. The Design will also integrate: A. WALKABLE COMMUNITIES Miles of trails and paths connecting the neighborhoods will lead to parks and recreational opportunities as well as surrounding areas in the New Day District and the City of Chubbuck. Streetscapes with large pathways made of asphalt, concrete, graded rock, etc. and tree corridors will promote pedestrian mobility. .............9 l3LE2AiS_...... . TRAILS -----------Wi ...-...-... TOTAL LENGTH OF ALL TRAILS `;°, M A S T E R P L A N G U I D E L I N E S 5 B. NEIGHBORHOOD GARDENING AREAS Community Gardens are important elements in the development of social networks and interaction. They provide healthy environments, fresh food, and recreation. They help maintain unity and productiveness in the community. Residents can maintain these spaces as areas of beautification. Community gardens are best suited for larger park spaces, but can be accommodated in smaller open spaces with appropriate physical access, solar access, and dimensions. Community gardens provide valuable opportunities to create an educational experience about food production and gardening amongst the residents in the community and increase awareness of the health and societal benefits of local food production C. RECREATIONAL AREAS Smaller Neighborhood "pocket" Parks with both passive and active recreational areas will be developed to become the social focus of the neighborhoods. They will be geared for those generally living within the service area. The community parks will be designed to accommodate a wider variety of ages and user groups and will be formatted to build relationships within the community. From playgrounds to the barbecues, residents and guests of NSX will develop a sense of community and gather to enjoy the Ii neighborhood. Park design will create a sense of place by J incorporatinq unique elements into each park. �J Northside NCrossing AT NEW DAY M A S T E R P L A N G U I D E L I N E S 5` h E D I T I O N SENSE OF COMMUNITY Northside NCrossing AT NEW DAY Northside Crossing residents will share a unique connection to the land and nature, which form the bedrock of the development's overall sense of community. A strong sense of community will be on display throughout the development, with meaningful social programs and community events serving to bond families with their neighbors. A. MASTER PLANNED COMMUNITY Parks, trails and gathering areas have been carefully laid out to promote community B. PROGRAMMED ACTIVITIES All varieties of events will be scheduled (weekly, monthly, annual) including holiday events, workshops, festivals, etc. C. NORTHSIDE CROSSING CLUB A multipurpose venue for the betterment of the community will be located at the "Hub", all trails lead to the Hub. The Hub will be the center of community activity. It will have gathering spaces, community rooms and offices. D. NEIGHBORHOOD PARKS Easily accessible green spaces will connect trails and paths. Each of these neighborhood parks will have unique recreational opportunities, community gardens, dog parks, art, and other amenities to create interest and gathering locations within the development. E. COMMUNITY PARKS In addition to the Hub and neighborhood parks, Northside Crossing will be the home to three larger "community" style parks that are strategically located on the north, south and western portions of the project. All community parks will be fully integrated into the trail system to provide easy access from all regions of the development and provide easy access to recreational areas for residents. F. FIELD(S) Northside Crossing will offer an informal multi—use sporting field that could be used for youth soccer, baseball, football or just general recreation for the development. G. COMMUNITY POOL A pool offering facilities for families, leisure, and sport coupled with the Club that will offer community gathering spaces, project office facilities and other amenities to support the development. MAST E R PLAN GUIDELINES 5'' EDITION Northside `N Crossing AT NEW DAY PURPOSE The purpose of this Development Code is to help establish and communicate the development regulations and development districts in order to promote health and safety, to preserve existing positive qualities of the development, to accommodate growth, and to promote a high quality of life within this mixed-use development community hereafter referred to as Northside Crossing. Any reference to Northside Crossing in this document, refers to that portion of Northside Crossing within the jurisdiction of the City of Chubbuck, Idaho. The Creative Community Northside Crossing CC -NC code (Chapter 18.35) which has been developed in accordance with City Code Creative Community CC Zone (Chapter 18.21) shall be the minimum governing code. AUTHORITY The authority of this Development Code derives from the landowners' consent to impose development regulations, the Community builder Agreement executed between the Community Builder and the City of Chubbuck, ID to abide by and enforce the regulations, and the local government code of the City of Chubbuck, including but not limited to Chapter 18.21 Creative Community Zone, Title 15- Buildings and Construction, Title 16- Land Improvement Standards and Title 17- Land Development. APPLICABILITY The terms of the Northside Crossing Development Code apply to all portions of the Northside Crossing Creative Community Zone within the jurisdiction of the City of Chubbuck and will continue to apply for the duration of the Development Agreement and its amendments and extensions. APPROVAL PROCESS The approval process begins with the City of Chubbuck's approval and acceptance of the Northside Crossing Master Development Plan (This Document and its Attachments) and the execution of a development agreement between the City and the Community Builder. The community builder requires a series of permits to complete the project in accordance with the following procedure: P> Master Plan Approval 10> Development Agreement Execution [D Preliminary Plat Application VD Design Book and Development Standards Review M A S T E R P L A N G U I D E L I N E S 5 `' E D I T I O N 1D Final Plat Review ZONING Northside NCrossing AT NEW DAY The Northside Crossing Project will reside within the Creative Community Northside Crossing (CC -NZ) and will be subject to the Development Code and design and approval process created by the Creative Community Zone. This master plan guideline document will serve as the basis for the NCCCZ. The CC Zone code will set the minimum standards. PRELIMINARY PLAT The Community Builder will submit to the City of Chubbuck a preliminary plat for each portion or phase of the development meeting the requirements defined in Chapter 17.12 of the Chubbuck Municipal Code. Each plat will also include the submittal of a "Design Book" that will include the elements included in Chapter 18.21.040. DEVELOPMENT AGREEMENT The Community Builder and the City of Chubbuck will prepare a development agreement that will codify this document and the expectations of the City. Each project will be evaluated against the development agreement for conformity to this master plan document. FINAL PLAT The Community Builder will submit to the City of Chubbuck a final plat meeting the requirements defined in Chapter 17.12 of the Chubbuck Municipal Code. AS BUILTS Each home will submit to the Northside Crossing ACC, and City of Chubbuck's approval process. These records will be kept on file for future reference. Any as-builts noting any modifications will be included. M A S T E R P L A N G U I D E L I N E S 5' E D I T 1 0 N BUILDING PERMIT Northside NCrossing AT NEW DAY All building permit applications must be reviewed and approved by the City of Chubbuck and the Northside Crossing ACC. Northside Crossing ACC is appointed by the Community Builder or the property owner's association and reviews plans for conformance with the master plan guidelines. The approval of the Northside Crossing ACC is required prior to the issuance of a building permit. CERTIFICATE OF COMPLETION Certificates of Completion are required to occupy buildings in Northside Crossing. The building must pass final inspection by the ACC and the City of Chubbuck pursuant to Section 9.10 of the Agreement between the Community Builder and the City of Chubbuck. AMENDMENTS It is anticipated that the proposed Plan will change and improve with each phase and will provide additional detail and clarification to the master plan. This detail will be provided at the preliminary plat stage with the preliminary plat and design book and shall not constitute changes to the Community Builder's Agreement with the City of Chubbuck provided: The boundary of Northside Crossing remains unchanged. The total number of dwelling units proposed for Northside Crossing remains unchanged or is not increased beyond 10% of what has been agreed to in the Development Agreement. If any applicant submits an application to amend any portion of the Northside Crossing Master Plan, the City of Chubbuck shall consider that portion only without considering that application as a change in the Community builder's Agreement for the original master plan of Northside Crossing. This Development Code may be amended from time to time by the mutual consent of the landowner and city council of the City of Chubbuck. M A S T E R P L A N G U I D E L I N E S 5 LAND USE CONCEPT Northside NCrossing AT NEW DAY Within Northside Crossing and consistent with the CC Zone, there are three Land use classifications. This is to identify a development character that differs not only in density and use, but also in the character of the development and the nature of the open space, the streets, the buildings and the landscaping. The District Map below provides a general configuration of the proposed Land use within Northside Crossing. RUN,D� a H±line Road 0 r lyre` oa1A m = Whitaker Rd LEGEND PARI( DISTRICT Ww") GARDEN DISTRICT c.�. , Na1AuU CENTRAL DISTRICT I TOWN) PR06RESS DISTRICT FFIM Iftsnvcss) S MAST E R PLAN GUIDELINES 5' E D I T I O N Northside `N Crossing AT NEW DAY LAND USE CLASSIFICATIONS Northside Crossing is designed to provide a variety of mercantile opportunities where appropriate intermixed with parks, open spaces and a variety of residential choices. The plan organizes housing around an abundant park, open space and a pedestrian network connection to all portions of the neighborhood and surrounding properties. Densities are enhanced through the recreational opportunities created through the development and 3 distinct neighborhoods and zoning districts are naturally created using the main roadways that bisect the development. A. NSX VILLAGE (V) (PARK AND GARDEN DISTRICT) NSX Village is located east of Whitaker Rd, West of Hiline Rd and South of Dawn Daylight Street. Village is primarily single-family residential in a suburban pattern of development. This Land use classification is primarily intended for more traditional single-family homes with a mix of alley and street loaded homes. Offices for neighborhood supporting commercial uses will be thoughtfully allowed throughout this zone. More intense commercial uses such as restaurants will be promoted within the Central District area of the development. Civic uses, such as schools, and churches are also permitted but require a conditional use permit as per CC Code and encouraged within the zone. Open space is captured in neighborhood parks and in a well-developed streetscape and one large neighborhood park labeled "South Park" on the community renderings B. NSX TOWN (T) (CENTRAL DISTRICT) NSX Town located around New Day Boulevard specifically north of Dawn Daylight St., West of Hiline Rd. and East of Whitaker Ln. This Land use classification is intended to be the densest and most urban of the classifications used in NSX. This Land use will promote dwellings to share property and allow buildings to contain more than a single use. Parking will be shared where possible, and civic and commercial uses will be permitted, but Light industrial uses will be restricted within this zone. Open space is provided as pocket parks and through a large community park labeled "Northside Park" on the community renderings. This Land use will be primarily residential but could have more intense commercial areas associated with New Day Blvd, and also areas that combine residential and commercial occupancies. C. NSX BUSINESS AND RESEARCH PARK (BRP) (PROGRESS DISTRICT) The NSX Business Land use classification is intended to be the most dense and urban of the classifications and permits dense dwellings to share property lines and allows high density occupancy buildings. Parking is shared where possible, and civic and commercial uses are permitted. Light industrial uses and combined residential/commercial occupancies are encouraged. Open space is provided through pocket parks and as a large community park labeled as "Railroad Park" on the community renderings. MAST E R PLAN GUIDELINES 5'' EDITION Northside `N Crossing AT NEW DAY COMMUNITY DESIGN To reflect the historic design of the area, site and building deve lop mentthroughout Northside Crossing should be expressed in a way that conveys an inherent quality of the site's agrarian past, while creating a new identity relevant to today's residents and visitors. I The design vocabulary of the community buildings will encourage agrarian architectural forms, while presenting them in a fresh and contemporary way interspersed with TRADITIONAL and craftsman elements. Architecture shall be timeless, low maintenance and promote a unique sense of variety. Repetition of home styles, types and colors will be discouraged as detailed later in this document. Native plantings and local building materials, including metal and concrete, will be used throughout Northside Crossing to enhance the site's sense of place — true to the rural character and values of the region. Northside NCrossing AT NEW DAY MASTER PLAN The Master Plan was thoughtfully designed to provide residents with a long-lasting, livable community that can meet their needs and accommodate the future growth of the City of Chubbuck. The design promotes connectivity and harmoniously integrates residences and community facilities with parks and open space. The plan is rooted in flexibility and has a range of uses that are adaptable to changes in the market and in configurations. Some of the relevant design concepts of the community areas follows �D The design has been developed so that many of the properties within the development will be served by alleys. Some exceptions to this standard may be provided as described in the guidelines for single family homes. *D Cul-de-sacsare minimized throughout the design. [D At least 90 percent of all residential units will be less than 1000 feet from a community park or open space, 100 percent of the residences are within 300 feet of a neighborhood park, pocket park, greenway, or other community space. [D The majority of all detached single-family lots will be no greater than 10,000 square feet in area. 10> A minimum of approximately eight acres of land will be designated for multi -family housing or mixed-use residential/commercial development within the neighborhoods. Multi -family parcels will be allowed throughout the neighborhoods, with any one parcel not exceeding an area of approximately five acres. [D Each neighborhood will include a community park. Neighborhood and pocket parks, and the perimeter greenways will be lined with public streets, and Residential units along those streets will front such open spaces. Rearyards abutting publicopen space and streets are minimized through the design. VD The design and treatment of streets within the neighborhoods will be consistentwith the street cross sections setforth in this document. [D Trail facilities will be designed and constructed in accordance with current design standards for such facilities. Around seven miles of trails will be interweaved throughout the parks and roadway system of the development. M A S T E R P L A N G U I D E L I N E S 5 NEIGHBORHOOD DISTRICTS Northside NCrossing AT NEW DAY Northside Crossing is a part of the New Day Community, and is broken into four neighborhood districts. These neighborhood districts - Garden District (Village), Park District (Village), Central District (Town), and the Progress District (Business Park). Each district will provide a wayfinding function and allow residents the opportunity to identify themselves with a given district. The Garden district has the Central District within it and it is core to the overall community. The Central District is intended to have a more intense residential use as well as some business and commercial to support the neighborhood. r� Nilrrte Road �S4 N b v+ o Suns;. P4017L 9" 111111111'e- r PRdGR�E-55 DFSTR11GT Map of Northside Crossing Neighborhood Districts LEGEND ;I PARK DISTRICT GARDEN DISTRICT 1Vne..ca) CENTRAL DISTRICT Ro.rNl PROGRESS DISTRICT FFXM (BUSINESS) $. E MAST E R PLAN GUIDELINES 5 Northside NCrossing AT NEW DAY STREET CLASSIFICATION & SECTIONS One of the most visually distinguishable features of any great community is its walkable streetscape, which is oriented towards pedestrians, yet safely facilitates the movement of the automobile. Much thought and attention have been given to the design and layout of the public realm at Northside Crossing. The following street system diagram details the location of the various street types and their respective graphical development diagrams follow. #'olft. HdineRoad o LEGEND rr S4`� PRINCIPAL ARTERIAL Q e MINOR ARTERIAL GREENSPACE CON. NX v Nff N n NEIGHBORHOOD CON. ' cif �; NEIGHBORHOOD RES. � ,P>MY �o 9 1 A W/iI aaker Rd ���r.pwrav ---------------------------------------------- NORTHSIDE CROSSING STREET HIERARCHY AND FRAMEWORK Principal Arterial's New Day Parkway (Siphon), Tyhee Minor Arterial Whitaker Road Greenspace Connector Hiline Road Neighborhood Connector Dawn Daylight Street, Aurora Street, Morning Dew Street Neighbor Residential Names to Be Determined Minor Residential Names to Be Determined NORTHSIDE CROSSING MAST E R PLAN GUIDELINES 5' E u i i 1 0 N Northside `N Crossing AT NEW DAY TYPICAL SECTIONS L IV -J— 1C• --J— 1C --1 rl— 7' 1r I 7T 1 12• --�— r Jr L iw --- s' nNEE 5EC7iON YIEW (NSW -100'] v i2 -L r �z I�s �I�tr—I—rJrl ,--L,, 1 , wNrcR� s�cnoM I,— MOW= 'F MAST E R PLAN GUIDELINES 5'' EDITION Northside ` NCrossing AT NEW DAY a 1r TS �^ Ir NAsk Now sac" Mown{ROIN--657 } 5'x5' ADA PASSING SPACE S' AT LEAST EVERY 290' GN 1 All S€DEWAEK C' WIDE I Lr --r-- S' I r tom- f 5' � 1Y �.-� 1Y � 45' � 2' L S' 14' i . -. NEIG)MOMMOD CONNECTOR - SECTION VIEW (ROW=w.) • 1 CROSSING M A S T E R P L A N G U I D E L I N E S 5' h E D I T I O N Northside NCrossing AT NEW DAY L S'KS' ADA PASSING SPACE _ S' AT LEAST EVERY 200` ON ALL SIDEWALK 4' WIDE ,Almow - 5'12'L65'-L2'�6 �6.5'-2'LS' 11'1 NEIGNOORN000 PESIOENTUL SEOION VIEW (ROW=57') MAST E R PLAN GUIDELINES 5 Northside Crossing qAT NEW DAY OPEN SPACE DESIGN & PROGRAMMING Parks and open spaces are the heart of the NSX community. Successful communities offer residents a significant, interconnected open space system that serves the community's recreational, social and physical needs. Type Approx. Size % of Project Area Roadway Greenspace 17.8 ac 3.4% Pocket Park 18.2 ac 8.0% Neighborhood Park 8.1 ac 3.6% Open Space 8.8 ac 3.9% Pathways 6.7 ac (6.9 mi) 3.0% The NSX community will be defined by a diverse park and open space system with programs to attract all members of the community - from small children to the elderly - and promote interaction. An interwoven system of streets, trails and paths will link the various parks and open spaces within the development as depicted in the proposed opens space plan. or NORTHSIDE CROSSING NORTHSIDE CROSSING MAST E R PLAN GUIDELINES 5'' EDITION Re Northside Crossing AT NEW DAY Northside Crossing Open space Plan MAST E R PLAN GUIDELINES 5' O N Northside NCrossing AT NEW DAY WAYFINDING & INTERPRETIVE SIGNAGE The Community Builder will have a coordinated signage and wayfinding program at NSX. The NSX design will be incorporated into the signage materials, design, environmental graphics and monumentation ("Signage") for individual sites and the overall Northside Crossing signage program. Wayfinding signage necessary to communicate building entrances, parking circulation or other navigational information should be designed as part of a complete signage system for the site. All signage should be designed as a comprehensive sign family consistent in material, typography and color scheme. Signage shall be designed at a pedestrian scale. SPEED LIMIT 19'. 24- ho .4r." pnf"rtic apeltl wn.: - 30 " 3' muM % 12� srrnofh �Ju�vtpn lrpi ppm A (3) and required as above Typical Street Signs p� _ AURORA �v�vn P� mM C o�u�im�emc (1) unit required as above Business and building signage shall be compatible with the surrounding architectural characteristics in terms of color and materials, and it shall complement the building facade and landscape design. Signs shall be constructed with high quality, durable materials appropriate to the physical demands of the setting. All Signage should address both the communications functions of a sign as well as its aesthetic integration with the overall design of Northside Crossing. No signs shall be erected until the applicant receives written approval from the ACC. Tvpical Subdivision Entry and ExitSipnaue to developments MAST E R PLAN GUIDELINES 5'' EDITION Northside `N Crossing AT NEW DAY REVIEW AND APPROVAL AUTHORITY This section includes procedures and criteria for the review and approval of improvements within NSX. No activities within the scope of these Master plan guidelines may commence without the prior written approval of the Community builder. RESPONSIBILITY FOR COMPLIANCE The Community builder may amend these Master plan guidelines without notice. Each Builder and Owner is responsible for ensuring that they and their representatives have the most current edition of the Master plan guidelines and comply with relevant sections. GOVERNMENTAL REQUIREMENTS The provisions set forth in these Master plan guidelines shall apply to and control development within NSX. Each Builder shall be responsible for ensuring compliance with all applicable rules, regulations, City codes and ordinances in addition to submittal of plans to the Community builder for approval. The Community builder shall bear no responsibility for ensuring that submitted plans comply with governmental requirements. DESIGN REVIEW AND APPROVALS The purpose of the design review and approval process is to ensure that all proposed improvements are consistent with the Northside Crossing vision and design principles. All Builders shall submit, for approval by the Community builder, preliminary or conceptual drawings and specifications of any proposed improvement, including, but not limited to: [D Site development [D Buildings [D Landscape [D Outdoor lighting [D Signage MAST E R PLAN GUIDELINES 5 Northside Re Crossing AT NEW DAY GENERAL SUBMISSION REQUIREMENTS Each Builder shall submit three copies of the following plans and specifications as part of the Concept Review and Final Review: SITE PLAN Scale: 1" = 10'to 1" = 40'. The Site Plan shall indicate the building footprint, parking areas, vehicle circulation, exterior hardscape areas, landscape areas, service and storage areas, locations of utilities and appurtenances, and other relevant details. The Site Plan should indicate quantities associated with impervious cover (square feet), building cover (square feet), gross building area, rentable building area, garage areas, unit mix, and the number of parking spaces (including garage, surface and visitor space counts). FLOOR PLANS Scale: 1/4" = 1' - 0". Floor Plans shall indicate unit layouts for all floors, partial plans of all options {including alternate elevations), and square footages for each {including air-conditioned and balcony space). ROOF PLANS Scale: 1/8" = 1' - 0". Roof Plans shall indicate roof pitch and direction, materials and location of equipment. EXTERIOR ELEVATIONS Scale: 1/4" = 1' - 0". Exterior Elevations shall indicate all exterior materials, locations of building articulation, roof slopes, plate heights and overall building height above finished grade. Landscape, Signage and Lighting Plans: 1 " = 40' scale: All plans shall show the relationship of the proposed improvement to the site and building. Landscape Plans shall identify all landscape, hardscape and vertical improvements, including materials and finishes, including location, size and quantities. Signage Plans and Lighting Plans shall indicate the proposed improvement in plain view, with details provided on cut sheets. Description of Requested Deviations: A written description of all deviations from the Master plan guidelines shall be provided with each submittal and shall be reviewed by the Community Builder. If necessary, a variance to these guidelines will be requested from the City by the Community Builder. MAST E R PLAN GUIDELINES 5'' EDITION Northside `N Crossing AT NEW DAY SETBACKS Required Setbacks Front Yard Side Yard @ Garage Garage Land Use Side Yard Rear Yard (Street (Alley (Min -Max) Corner Lot Loaded) Loaded) Residential 10'-25' 6' 10' 5' 15' S' Village 10'-25' 6' 10' 5' 15' S' Town 10'-25' 6' 10' 5' 15' S' Business and Research 10'-25' 6' 10' 5' 15' S' Park From Creative Community Northside Crossing Zoning District (CC -NO Code. HOME TO STREET RELATIONSHIP Home to Street Relationship Front Yard Measurements and Considerations: The front yard shall be measured from the street ROW to the front face of the building. A covered porch or covered terrace may encroach into this space to help improve the architecture of the home and the character of the street. On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless shown specifically otherwise on a Final Plat. The Side set back from the subservient street shall be a minimum of 10 feet while meeting all parking and garage set -back requirements. There should be a variety of home styles and front setbacks within a given block face. We encourage our builders to utilize a variety of front setback, giving the street more interest and depth. SIDE YARD AND REAR YARD CONSIDERATIONS FOR NON -CORNER LOTS A minimum side yard setback of six (6) feet is to be maintained for all approved structures. Drainage swales and other grading or engineered site features are not to be altered once constructed and established within the development. All proposals for additional structures, improvements and/or site alterations shall be submitted to the ACC. Rear yard considerations should be made for drainage and easements and access if an alley is present. NORTHSIDE CROSSING M A S T E R P L A N G U I D E L I N E S 5` h E I C) N GARAGES & DRIVEWAYS GARAGES FACING PUBLIC STREETS Northside NCrossing AT NEW DAY [D Homes shall be designed in a manner that enhance the front porch and pedestrian entry to the home, rather than the garage door. [D No more than four homes in a row may have garages parallel to the primary structure. [D Detached garages are acceptable. [D All detached homes shall have at least a two -car garage. [D The minimum garage dimensions shall accommodate two cars. [D Three -car garages are permitted, but no more than two garage doors may face a primary street without approval of the ACC. GARAGE DOOR TREATMENTS Front -facing garages have a tremendous impact on the character of a community. Every effort should be made to minimize the negative visual impact of the garage on the street. Garages should be thought of as an accent piece to the house, and not as the dominant architectural feature. Front Loading garages are required to be set -back a minimum of 15 feet from the front of the dwelling. The garage door must be recessed a minimum of (9) inches from the garage face and contain at least two (2) of the following enhancements: Garage Door Treatment Plan [D Shed roofs [D Faux cedar/wood clad doors decorative hardware and treatments to minimize door [D Double doors [D Windows [D Decorative hardware & lights [D Reveals/texture M A S T E R P L A N G U I D E L I N E S 5 `' E D I T I O N SIDEWALKS 'ReNorthside Crossing AT NEW DAY A walkable pedestrian environment is the highest priority at NSX. All public sidewalks associated with the subject building lot not constructed by the Community Builder shall be constructed by the Builder prior to occupancy of the home. Builder shall install residential sidewalks and/or paths along all public ROW and at the locations referenced in the previous street sections. All paths will be constructed by the Community Builder and sidewalks within common areas and parks will be constructed by the Community Builder. All public sidewalks are required to be five feet (5') wide and in some cases are proposed to be wider. Sidewalks must match the grade of any previously installed utility structures and per City of Chubbuck Standards. Pathways shall be a minimum of 10 feet. Any sidewalks damaged by the Builder shall be repaired at Builder's sole expense prior to closing any home adjacent to the damaged sidewalk. All sidewalks adjacent to a home must be in good condition prior to closing any home. All sidewalks adjacent to a home are the responsibility of the homeowner to repair and maintain. RESIDENTIAL HOUSING STANDARDS All residential structures must utilize slopes of 4:12; or greater and generally no more than 9:12; however, greater slopes up to 12:12 may be appropriate where living space is incorporated under these roofs. South and west -facing slopes should be optimized to provide for rooftop solar panels. Slopes of less than 4:12 may be permitted subject to NSX ACC approval, where eaves project from the face of the building, or for porch roof pitches and ancillary buildings and wings. Flat roofs are not permitted in the Central, Park, and Garden Districts, and will be permitted in the Progress District by the ACC on a case-by-case basis for buildings utilizing contemporary forms that complement the desired qualities of the community. Flat roofs are permitted on ancillary structures within the development. Mansard and false roofs are not permitted on single family house structures. Rooftop equipment (e.g., HVAC units, satellite dishes, vent stacks, etc.) will be architecturally integrated within the volume of the building, and as much as possible should not be visible from streets, alleys or other public areas. M A S T E R P L A N G U I D E L I N E S 5 `' E D I T 1 0 N eqeNorthside Crossing AT NEW DAY Front Yard Setbacks: the front wall of single-family houses will beset back by a minimum of 10 feet from the front property line, and are encouraged to be as close as the design permits. (Lots on corners will be assumed to have two "fronts".) SIDE YARDS Side yard setbacks shall be consistent with CC Zone to assure a building to property line separation of at least 6' in the residential districts. Within this requirement, buildings should be sited and designed to maximize usability of outdoor open space, to reduce summer heat gain within the home, and to optimize privacy between units. To this end, each unit should be designed with an open and closed side; the orientation of open sides should, to the maximum extent possible, avoid western exposures. Note: Setback requirements alongside yards that abut alleys are the same as those for interior side yards. ENCROACHMENTS Non -cantilevered bay windows are allowed to encroach into a side yard by no more than two feet (2'-0"). Porches, awnings, chimneys and roof overhangs may encroach within the front yard setback area by up to 5'-0". Uncovered steps, uncovered porches and stoops may encroach beyond the five-foot porch encroachment as needed to make the grade into the home. Up to two bay windows will also be permitted to encroach into the front yard setback area by no more than two feet (2'-0"), provided that the total floor area of the bay windows does not exceed 20 square feet. (Note: As provided by City, roof overhangs may encroach up to 2'-0" into setback areas). Encroachments are not permitted within designated easements. Privacy and Window Placement: Given the narrow side yards between houses, window locations should be carefully planned to protect privacy between adjacent dwelling units. M A S T E R P L A N G U I D E L I N E S 5 SITE COVERAGE Northside NCrossing AT NEW DAY Single Family lots must be designed to have an impervious cover that does not exceed 75 percent for alley load configurations and 65 percent on street load configurations. Buildings on corner lots shall be sited and specially designed so that they present attractive elevations to both streets. Building and landscape elements, house massing, wrap-around porches, facade composition, and other design strategies should be employed. Where a garage presents its side elevation to the street, it shall be specially designed as an extension of the primary building elevation. CARRIAGE HOUSE UNITS (AKA DETACHED SINGLE FAMILY DWELLING) Carriage house units are accessory dwelling units sharing a lot with a detached yard home and typically located above a garage along the alley. They are encouraged to promote housing diversity, live -work opportunities, and to enliven the alleys. They will be subject to the following conditions: [D Must on be lots of at least 45 feet in width. [D Usable floor area of a carriage unit will not exceed 600 square feet per floor. [D General massing of the carriage house shall be one -and one-half to two- stories in height; the structure will not exceed 25 feet in height, and should use sloping roofs and dormers to reduce the scale. 10> Carriage house will be separated from the principal building mass by at least 8'-0% or be attached to the main building. VD The design and materials of the carriage house should be complementary with the main building and surrounding structures M v a i r= r< r' L A N G U I D E L I N E S S "' E u i i I 0 N SINGLE FAMILY DETACHED DESIGN STANDARDS Northside Crossing AT NEW DAA Single-family detached is the dominant residential building type in both of the residential neighborhoods. Single-family detached lots will generally range in size from approximately 3,150 square feet (35' x 90') to 11,000 square feet (95'x 115'), promoting a diversity of housing opportunities. The following guidelines are applied to the design of all single-family homes within the community: [D All roofs shall have a minimum pitch of 4:12 and have composition shingle roofing with a 30 -year minimum warranty. [D The minimum plate height shall be nine (9) feet for the first floor and eight (8) feet for the second floor. Foundation walls must be screened with landscaping where visible from a public space. [D All windows and doors shall be trimmed on all four (4) sides on the front, side, and rear elevations on all homes. Window screens shall be provided by Builder on all homes. [D Side and rear elevations facing a public space shall be treated as a front facade and shall include full gable trim and detailing of an amount and quality similar to the front facade of the home. [D Homes shall be painted complimentary colors applied in an architecturally authentic way based on the elevation style. Varying shades of the same color or similar tones of two colors are encouraged on the same home. No sharp contrasting colors on the body of a home shall be used unless specifically approved by the ACC. Trim, door, and shutter colors may have a higher contrast to the body color. [D The full body of the house shall be one color with accent colors used on architectural features or room projections. When an accent color and/or material is used on a projection, the color and material shall be carried around to the inside comer(s) of the projection. [D Front and side elevation corner boards shall be painted the color used on the portion of the home adjacent to the corner board including areas where accent colors are used. In a case where the accent color ends at the corner, both sides of the corner board shall be painted the accent color. Deviation from this standard requires ACC approval. [D When a masonry wainscot is used on the front fagade of a home on an interior lot, the wainscot shall be wrapped around the side elevation a minimum of four (4) feet or to a natural stopping point such as a window. When a wainscot is used on the front facade of a home on a corner lot or a lot adjacent to public space, the length of the wainscot wrap is influenced by the architectural character of the home and the location of a fence. The ACC will determine design details at the point of schematic design approval of the home style. Gutters shall be a color complementary to the color scheme of the home. Stock gutters in white, brown, or almond may be used or gutters may be painted. Gutters shall provide minimum color contrast to the adjacent material and colors. M A J I C f, rL A N G U I D E L I N E S S '' E L' i i 1 O N RNorthside Crossing AT NEW DAY �D Downspouts shall be painted the color used on the portion of the home adjacent to the downspout, including areas where accent colors are used. In the case where an accent color ends, the downspout shall be painted the accent color. In addition, downspouts shall be placed in such a way as to avoid visual distraction to the front fagade of the home. Deviation from this standard requires ACC approval. Example of approved painted corner Example of approved gutters f - Example of approved downspouts [D Porches shall have a minimum dimension which provides a porch area of 60 square feet, unless otherwise approved by the ACC. �D Courtyards shall have a dimension which provides a minimum area of 80 square feet, unless otherwise approved by the ACC. tD A minimum 100 square foot concrete patio or wood deck shall be provided with every home (front, rear or side yard), unless otherwise approved by the ACC. tD All garages shall be setback a minimum of fifteen (15) feet from the front of the house unless it is an alley loaded configuration. VD Alley loaded garages shall be setback five (5) feet from the alley, and shall be less than 40% of the front fagade of the home, unless otherwise approved by the ACC. Homes with garages that do not meet these standards shall include garage doors with windows and/or other architectural features, shall be painted the body or accent color of the home, and shall have a least one of the following: ➢ a decorative trellis over the garage door as part of the structure of the garage ➢ a masonry accent either on the full street fagade or as a significant wainscot ➢ single car garage doors rather than one two car garage door ➢ a significant eave projecting from the face of the garage wall a minimum of three (3) feet; or, a gable with accent materials and/or other design features over the garage. ➢ Exterior garage lights shall be recessed in the roof over -hang or mounted on each side of the garage door. *D On model homes, all driveways from a public street to the garage shall be paved as planned for the home at the time of sale, unless otherwise approved by the ACC. *D Space shall be allocated in garages, alleys or side yards to store trash and recycling bins out of site. If such space is in the side yard of a home, the bins must be fully screened with walls in keeping with the architectural style of the home or fencing approved by the ACC. MAST E R PLAN GUIDELINES L O N Northside `N Crossing AT NEW DAY SITE STANDARDS VARIATION, DIVERSITY AND STYLE The purpose of this section is to provide general design criteria and guidance for the development of homes at Northside Crossing. These guidelines are intended to assist in the design, processing and implementation to a high level of quality but are not meant to restrict creativity. The architectural styles of this community are typically defined as "Traditional." This style should be visually compatible and provide general market appeal, while providing enough diversity to leave NSX with a feeling that it has evolved over time. Traditional architecture takes into account the styles that are/were popular to a region or area. The characteristics of traditional architecture used by architects and builders includes a commitment to maintaining a link to the past styles of building, reuse of materials or designing homes and building to stay consistent with the overall building design of the area. This creates a sense of continuity and connection to the past, which helps the area maintains its traditional look and feel for the residents of the community. The architectural fabric of the Northside Crossing community should encourage an eclectic mix of housing types with diversity in form, color, architectural style, etc., while articulating a traditional style that creates a cohesive aesthetic character. The traditional forms of the homes should include front porches, harmonious proportions and a foundation in good design principles. Good design is unobtrusive, honest, long-lasting, aesthetic, environmentally friendly, and thorough down to the last detail. A main component of a traditional architecture style is the way in which the past building styles and present are merged together, creating a seamless transition. With traditional architecture, much deference is paid to the materials used in a building and how they function and work. Traditional style does not depart from the norm in the way that contemporary architecture does nor is it rigidly devout to form and function as in the case of modern architecture. Traditional architecture is an older way of building homes and buildings that stands the test of time and continues its link to the past, moved forward. M A S T E R F L A N G U I D E L I N E S 5` h E D I T I O N FRONT LOAD HOME Northside NCrossing AT NEW DAY FRONT LOAD 3 CAR GARAGE FRONT LOAD SIDE EMIL GARAGE STREET M A S T E R P L A N G U I D E L I N E S 5` 1 E L, Building Height Building Coverage Northside NCrossing AT NEW DAY I 35' max (Independent of Stories) 7771 65% GARAGES/ PARKING 2 parking stalls per unit Carports are allowed but must meet same setback requirements as a front load garage. Tandem Stalls are encouraged for 3 car garages and bigger Garage width facing the street must be kept at a minimum Street Facing Garages must be Recessed a minimum of 15' from the front of the home Side load street facing garages must include a window facing the street. 3 garage doors facing the street may be allowed with conditions and when lot and home configurations are adequate M A S T E R F L A N G U I D E L I N E S 5` h E D I T I O N ALLEY LOAD HOMES Northside NCrossing AT NEW DAY ALLEY LOAD COURTYARD HOUSING S'AE=T ALLEY LOAD ON GREEN sw♦ PwvA.TE Yum pop:, t5 ALLET LOAD ON COQ MAST E R PLAN GUIDELINES 5 Northside Crossing AT NEW DAY BUILDING MASS Building Height 35' max (Independent of Stories) Building Coverage 75% GARAGES/ PARKING 2 parking stalls per unit Carports are allowed but must meet same setback requirements as a front load garage. Tandem Stalls are encouraged Auto Access to Alley load homes must be from the alley unless approved by the NSX ACC FRONT• Face the street or open space Wrap around the side elevation when on a corner lot or adjacent to public space Be a minimum of 60 S.F. Have a minimum elevation from Sidewalk of 12" except were ADA accessibility is a priority IStoops shall be a minimum 4'x 4' I I • 1 MAST E R PLAN GUIDELINES 5' E o i i 1 0 N Northside `N Crossing AT NEW DAY ZERO LOT LINE GARDEN AND SHOP HOUSES Within the NSX neighborhoods, there will be a variety of Zero lot line garden houses. A number of different buildings will be constructed throughout the development including twin, tri, quad and row house configurations. We also intend to allow shop houses within the Business Zoning District. Shop houses may be single to multiple attached configurations but are distinguished around level workspace. They are intended to provide opportunities for local economic activity and home occupations that can reduce the need for automobile trips and promote diversity of activity and character. All Garden homes and Shop House buildings shall be accessed from an alley or private drive. Roofs can be sloped or flat keeping with the architectural design of the building. The roof pitch of the buildings should generally be consistent with residential houses. Mansard roofs are allowed provided that they appear from the street as a sloping roof. Rooftop equipment shall be architecturally integrated and not visible from public areas. 2 parking stalls per unit + 1 per 400 sf of mercantile space ii C, U 1 D E L I I I E 'n E D I T 1 O N APARTMENT HOUSES Northside NCrossing AT NEW DAY Within each of NSX neighborhoods, certain blocks will encourage the construction of high-density residential buildings. Rather than standalone projects, these developments are envisioned to be an integral part of the surrounding neighborhoods, creating friendly streets and also have ground level community -oriented space. These projects will have appropriate scale and mass to nearby development, and are intended to provide all types of housing opportunities within the development. M A S T E R P L A N G U I D E L I N E S 5` h E D I T I O N ELEVATION REPETITION Northside NCrossing AT NEW DAY Architectural diversity, within a traditional aesthetic framework, is of primary importance at Northside Crossing. Multiple floor plans, elevations and architectural styles shall be provided by each builder to help promote visual diversity and excitement within the street scene. Product spacing requirements are as follows: ID Elevations are allowed to repeat when there are four (4) lots of separation on the same side of the street. V> The same elevation cannot repeat on the lot across the street or on the two lots on either side of the lot across the street. The same elevation cannot exist on the lot immediately behind the lot. *D Where elevations repeat on the same street color schemes must be different to create visual diversity. 10> Floor plans are allowed to repeat when there are three (3) lots of separation on the same side of the street. V> The same floor plans cannot repeat on the lot across the street or on the two lots on either side of the lot across the street. 10> Any deviation to these requirements must be approved by the ACC. MAST E R PLAN GUIDELINES 5 Northside ` NCrossing AT NEW DAY BUILDING MASS I Building Height 135' max (Independent of Stories) 77!1 Building Coverage 65% GARAGES/ PARKING 2 parking stalls per unit Carports are allowed but must meet same setback requirements as a front load garage. Tandem Stalls are encouraged for 3 car garages and bigger Garage width facing the street must be kept at a minimum Street Facing Garages must be Recessed a minimum of 15' from the front facade of the home Side load street facing garages must include a window facing the street. Corner Lot side load garage shall not be more than 50% of the side facade of the home, and set -back 5' from the home L3 garage doors facing the street may be allowed with conditions and when lot and home configurations are adequate ------------ FRONT PORCH Face the street or open space Wrap around the side elevation when on a corner lot or adjacent to public space Be a minimum of 60 S.F. Have a minimum elevation from Sidewalk of 12" except were ADA accessibility is a priority NORTHSIDE CROSSING MAST E R PLAN GUIDELINES 5' Northside NCrossing AT NEW DAY LOT DRAINAGE REQUIREMENTS Builder shall maintain the drainage pattern as designed by the civil engineer and approved by City and in conformance with the overall drainage plan for Northside Crossing. The drainage pattern shall not be altered throughout construction and ownership. RETAINING WALLS All retaining walls not installed by the Community builder shall be constructed by the Builder and shall meet the following guidelines: All retaining walls shall be constructed on the high side of the lot and in such a manner as to not disrupt adjoining lot grade. All walls shall be maintained by the owner of the lot where the wall is associated. The face of the retaining wall shall be on the property line accounting for any set -back required for the construction of the walls. 1D Native Landscape boulders may be used to construct walls 4' or less. Concrete, masonry. MSE block walls or other material approved by the ACC must be used for walls in excess of 4'. [D All walls must be constructed so as to accommodate fence sleeves 6' O.C. [D Walls taller than 4 feet vertically shall have 2" diameter weeps at 10' on center. The weep holes should be 3" above low side finish grade MAST E R PLAN GUIDELINES 5' c fd Northside NCrossing AT NEW DAY LANDSCAPE REQUIREMENTS Common Green/ pocket park and open space typical ALLEY LANDSCAPE Define the back alley and break up the continuous fence line appearance. Plant the five-foot (5') landscape strip (located between the property fence and the alley right-of-way) with low shrubs, tall ornamental grasses or groundcovers to ensure one hundred percent (100%) coverage of this area. Irrigate the plant strip with traditional drip for shrubs and with sub -surface drip for groundcovers. Use of native and drought tolerant plantings in the alley is required. The mature size of shrubs in the alley planter area may not exceed five feet (5') in height and four feet (4') in width. Locate shrubs in the center of the three feet (3') utility easement. Typical alley landscape Accommodate transformer and pedestals with the three-foot easement (and as needed) with encroachments onto private yards. Building and fences must be placed with adequate clear distance of utility structures. Plant shrubs at the base of the utility structure to camouflage their appearance. MAST E R PLAN GUIDELINES 5'' L O N Northside `N Crossing AT NEW DAY RESIDENTIAL LANDSCAPING A. GENERAL GUIDELINES The site plan and landscape design of multi -family projects should provide for a variety of planting types, complement the overall landscape character of each neighborhood and define entries, edges, and views to the building architecture and front porch area. The landscape should provide for design flexibility while reinforcing the overall streetscape patterning, encouraging neighborhood sociability while accommodating semi -private or private outdoor (whenever feasible) spaces. The single-family landscape refers to the open areas on private properties for all single-family uses and is defined as three social realms used to organize space: public, semi-public and private. The landscape of the single-family dwelling should provide for a variety of planting types, complement the overall landscape character of each neighborhood and define entries, edges and views to the building architecture and front porch area. The landscape should provide for design flexibility while reinforcing the overall streetscape patterning, encouraging neighborhood sociability and accommodating private outdoor spaces as well. B. PRIVATE LANDSCAPING Significant trees and large shrubs on private property shall be selected, laid out and coordinated with plantings on adjacent public lands, open spaces and green courts to create a consistent visual character to the community landscape. Variation in supplementary plantings within the private yard is encouraged as the individual expression of the private landscape and domestic garden aesthetic. Side yards along a thoroughfare should contain a blend of shrubs, perennials, and ornamental grasses. C. LANDSCAPING STANDARDS VD Shrubs, groundcovers, and/or perennials shall define the front yard edges and entryway. ID Semi -private side yard and courtyard landscapes shall be maintained in good condition at all times. [D Plant materials that are inappropriate or are dying shall be replaced immediately. tD Formal lawns may be acceptable as a front yard design but shall not dominate the landscape. A variety of lawn grasses may be acceptable while minimizing an emphasis on traditional water consumptive turf species as a primary choice. Turf areas in the front yard zone and corner zones shall not exceed 70% of the available pervious area. The remaining 30% shall be shrubs, ornamental grasses, perennials, vines and groundcover. Side yards between homes are encouraged to avoid turf and use stone or other approved mulching material with landscape planting, when feasible. 1D All turf areas must be installed prior to occupancy or as approved by the ACC. [D The use of plant materials that provide for color, texture, and a grouping pattern of native, ornamental grasses, shrubs, wildflower perennials, hedges, walls, and fences is encouraged. tD Plants shall be selected and located to allow them to achieve mature size without encroaching on walks or roads, or covering windows. MAST E R PLAN GUIDELINES 51 L Northside NCrossing AT NEW DAY ID Shade trees, ornamental trees and shrubs shall be used to frame buildings, provide a sense of enclosure and help relate building to lots and individual lots to one another. High canopy trees shall frame front and rear building elevations. Use of native or drought tolerant plant materials shall be used as a front yard palette. 1D Walkways shall be four feet (4') -six feet (6') wide. ID In doorways and courtyards, decorative paving, ground covers, vines, perennials and small ornamental trees shall provide visual interest. VD Side yard and rear yard landscape design shall consider solar access for both the property and adjacent properties as necessary. ID For rear yards, whenever feasible, at least one (1) shade tree is required per unit to be located a minimum of six feet (6') from rear of property line or garage structure. Two ornamental trees may be substituted for 1 shade tree. THOROUGHFARE FRONTAGE (PUBLIC LANDSCAPE AREAS ( PRINCIPLES Thoroughfare rights-of-way are considered City public rights-of-way and include the thoroughfare and curb area, curb -cut driveways, landscape planter areas and sidewalks. The landscape planter and sidewalk area are maintained by the adjacent property owner. The City shall maintain parks and public spaces within the development. GUIDELINES In addition to the street trees, the landscape design for planter areas - located back of curb to the sidewalk - should provide interest and be well maintained. A variety of native or drought tolerant plant materials may be acceptable for the thoroughfare planter area. A mix of low shrub, groundcovers, and/or grasses may be considered to help frame the streetscape and adjacent dwellings. A formal turf area may be considered, but in general an informal and creative landscape design is encouraged for the planter area. STANDARDS [D Sidewalks to be a minimum four feet (4') wide with a five foot (5') wide passing space every 200'. ID Landscape strips to be seven feet (7') wide. 1D Tree planting to be a minimum of thirty-five feet (35') on center and a maximum forty feet (40') on center. ID Ornamental trees to be a maximum of thirty feet (30') on center. [D Irrigate tree lawns using a drip, bubbler or sub -surface drip irrigation system on the trees. Spray irrigation may be allowed for the remainder of the tree lawn area as necessary. M A S T E R F L A N G U I D E L I N E S 5` h E D I T I O N SPECIES AND VARIETIES Common Names: Callery pear, Bradford pear, flowering pear Species: Pyrus calleryana Family: Rosaceae (roses) Where to plant: Whitaker Road Description: Callery pear is a small to medium-sized tree with a compact, symmetrical, pyramidal or columnar shape thatspreads to become oval with age. Many cultivars exist with slightly different characteristics; all contribute to the species' invasiveness. Leaves are alternate, simple, and generally oval, to 3 inches long, with rounded teeth, glossy green, turning orange, gold, red, pink, and/or purple in fall. Some cultivars develop patterns of colored circles and spots in autumn. Leaves bob in the wind on long leaf stems. Bark is gray -brown, smooth on young trees, splitting into scales with age. Twigs are thornless in cultivated trees, but in wild types (including trees that develop from sprouts of a tree that was felled), the twigs end in thorns. Flowers in early spring; abundant clusters of white flowers, 5 -petaled, each to 3/4 inch wide, unpleasant -smelling. Fruits like tiny, hard apples, round, to 1/2 inch in diameter, greenish -yellow flecked with whitish spots, inedible, with 2-4 black seeds. After freezes they soften, darken, wrinkle, and become palatable to birds. Similar species: Several other trees bloom in spring with white, five -petaled flowers. Serviceberry has petals that are brighter white, strap -shaped, wavy, with a space between them (not rounded and close together). Native plums have stamens (threadlike stalks in the center of the flower) that are longer than the petals. Apple and crabapple flowers have a slightly pink hue, and apple tree branches are nearer to horizontal and less uniform, compared to the vertical, symmetrical branching of Callery pear. Key Identifiers: Deciduous tree (drops its leaves in thefall), reaching up to 30 to 50 feet to I I. Overall tree shape pyramidal, columnar, or egg-shaped. Wide -spreading branches fairly vertical, branching symmetrically. Branches sometimes thorny. Leaves shiny, dark green, leathery, with small -toothed margins. Leaves turn reddish purple in the fall. Northside NCrossing AT NEW DAY J M A S T E R F L A N G U I D E L I N E S 5` h E U i i 1 0 N Flowers in spring before leaf -out. Flower petals white, rounded, close together (they touch/overlap at their bases). Flower stamens are not longerthan the petals. Fruits in fall are small, round, hard, and brown. Common Names: Amur Chokecherry, Manchurian Cherry Species: Prunus maackii Family: Rosaceae (roses) Where to plant: Aurora Street (Alternating with Canada Red Chokecherry) Description: Amur Chokecherry is pyramidal when young but ultimately forms a 30 to 40 - foot -tall tree with a dense, rounded canopy which provides light shade below. The deciduous leaves are three inches long and are joined in early to mid-May by an explosion of white, fragrant flowers in two to three -inch -long racemes. The multitude of tiny black fruits which follow ripen in August and are quite attractive to birds. The bark is occasionally handsome cinnamon brown peeling off in shaggy masses on the trunk, but more often is an attractive brown with minimum exfoliation. This tree has one of the most attractive bark features of any tree in North America. Key Identifiers: tp Height: 30 to 40 feet tD Spread: 25 to 35 feet tD Crown uniformity: symmetrical canopy with a regular (or smooth) outline, and individuals have more or less identical crown forms tD Crown shape: round tD Crown density: moderate 10> Growth rate: medium [P> Texture: medium Common Names: Canada Red Chokecherry, Common Chokecherry Species: Prunus virginiana Family: Rosaceae (roses) Where to plant: Aurora Street (Alternating with Amur Chokecherry) Description: Can be grown as a single or multi stemmed small tree or large shrub; lovely hanging clusters of white blooms in spring are followed by rich purple foliage and darkfruit in summer; suckers will need to be controlled. Northside NCrossing AT NEW DAY M A S T E R P L A N G U I D E L I N E S 5`' E Ll i i i 0 N Canada Red Chokecherry features showy chains of fragrant white flowers hanging below the branches in mid spring. It has attractive deep purple foliage which emerges green in spring. The oval leaves are highly ornamental and turn an outstanding red in the fall. The fruits are showy red drupes with purple overtones, which are carried in abundance in mid- summer. Canada Red Chokecherry is a deciduous tree with a more or less rounded form. Its average texture blends into the landscape, but can be balanced by one or two finer or coarsertrees or shrubs for an effective composition. This tree is best pruned in late winter once the threat of extreme cold has passed. It is a good choice for attracting birds to youryard. This tree will grow to be about 25 feet tall at maturity, with a spread of 20 feet. It has a low canopy with a typical clearance of 4 feet from the ground, and is suitable for planting under power lines. It grows at a medium rate, and under ideal conditions can be expected to live for 40 years or more. This is a self -pollinating variety, so it doesn't require a second plant nearby to set fruit. This tree should only be grown in full sunlight. It does best in average to evenly moist conditions, but will not tolerate standing water. It is not particular as to soil type or pH. It is highly tolerant of urban pollution and will even thrive in inner city environments. Key Identifiers: *> Deciduous Tree Type: Flowering Tree tD Tree Habit: Round, Arching Branches IV> Mature Size: 20-30' Tall tD Fall Color: Subtle tD Features: Showy Flowers tD Flowering Season: Spring tD USDA Hardiness Zone: 3, 4, 5 tD Water Needs: Moderate tD Growth Rate: Moderate tD Light Needs: Partial Sun, Full Sun tD Mature Height: 20-30 Feet tD Mature Width: 15-20 Feet Northside NCrossing AT NEW DAY M A S T E R F L A N G U I D E L I N E S 5` h E L i 1 0 N Common Names: Silver Linden, European white linden Species: Tilia tomentosa Family: Malvaceae (mallows) Where to plant: Residential class streets (refer to figure Transportation map) Description: This tree is native to Europe and Asia. It is noted for its attractive foliage, which is glossy green above and silvery -white below. The foliage flutters in the slightest breeze, showcasing the silver and green leaf colors. This is a medium to large deciduous tree, typically growing to 50-70' (less frequently to 100') tall with upright branching and a broad -columnar habit. Fragrant pale -yellow flowers in drooping cymes appear in late spring to early summer (June -July). When a tree is in full bloom, bees often visit in such abundant numbers that humming can be heard many feet from the tree. Flowers are followed bysmall nutlets attached to narrow, brad -like, strap -shaped leafy wings (to 2.5" long). Nutlets ripen in late summer. Ovate, shiny, dark green leaves (to 4" long) with acuminate tips and serrate margins are densely covered beneath with silvery - white hairs. Fall color is an undistinguished pale green to pale yellow. Key Identifiers: IV> Deciduous Tree Type: Shade Tree tl�> Tree Habit: Upright, Pyramidal tl�> Mature Size: 30-50' Tall tD Fall Color: Subtle tD Features: Fragrant Flowers tV> Flowering Season: Spring 11�> USDA Hardiness Zone: 4, 5, 6, 7 tD Water Needs: Moderate tD Growth Rate: Moderate 11�> Light Needs: Filtered Sun, Partial Sun, Full Sun Northside NCrossing AT NEW DAY MAST E R PLAN GUIDELINES 5 Northside NCrossing AT NEW DAY NSX FENCING Fencing is a key element in the look and feel of a development. Because of that, we believe consistency in style and look is important to maintaining the highest standards of development. We have developed several fence variations that can be employed within the development. Fences and walls help to define semi -private and private areas around homes. The design and materials used for fences must reflect the architectural character of the community. Fence locations must take into consideration the Standards included in this section as well City Standards for site distance requirements. All fences must be shown on landscape or separate fence plans and included with ACC approval packages. If fences are added to a yard by a property owner, their design and location must be reviewed and approved by the ACC or Owner Association based on the Standards in the section. Given the horizontal nature of the fencing planks special care should be taken when joining a new fence with an existing one. Construction should always begin from the existing fence to ensure that the existing and new horizontal planks line up and create a seamless transition. Standard fence designs are shown below. Vinyl, masonry treated foam, and concrete are preferred and will be approved based on consistency, look and feel. Chain-link fence will not be allowed in NSX. Design deviations from these Standards, may be approved by the ACC. Vinyl Fence Panel Foam Core Fence Panel Precast Concrete Fence Panel MAST E R PLAN GUIDELINES 5 q Northside Crossing AT NEW DAY RAINWATER COLLECTION & IRRIGATION 1D Each residential lot shall have an automatic irrigation system that must be installed with 100% head-to-head coverage on all turf areas. [D All irrigation systems must be installed per landscape requirements. [D All heads should be placed to prevent spraying onto paved areas. P> All trees and shrub beds shall be irrigated with a low -flow drip system and flush valve. 1D All Homes will be provided with Secondary Irrigation water supplied by Fort Hall Irrigation and Managed by the City of Chubbuck. Each home is required to connect and use the system when it is available. UTILITY/SERVICE/MECHANICAL EQUIPMENT All utilities installed within the development shall be underground and all services to the home, including pre -wiring for cable TV, must be installed underground. Ground -mounted mechanical equipment, such as HVAC units, shall be screened from view and grouped together away from street/public view. In the event that cable boxes are in- stalled, they must be screened from view and grouped together away from street/public view. Private, surface -mounted mechanical equipment, transformers, air conditioners, condensers, compressors, switches, etc., should be placed behind the side yard fence. If this is not a possibility, written approval from the ACC is required and all equipment must be screened with either a 4' fence or five (5) three -gallon shrubs. RECYCLING & TRASH CONTAINERS Recycling and trash collection containers shall be stored within the garage or screened from view. On a 70' lot or larger, a 4'-6' screening fence may be constructed along the side yard to allow the home- owner to store trash containers outside the garage. The screening fence must be constructed and stained to match the NSX fence. LIGHTING Light sources should be unobtrusive or concealed with all light in shades of white (no colored lights). No spillover of light should occur on neighboring properties and lighting must be shielded to prevent a glare. Tree lights should be concealed underground or in shrub masses. Exterior flood lights are to be directed away from neighboring homes and yards. Carriage or Coach lighting provides property security while adhering to dark sky initiative and are required on residential developments as follows...... [D Two (2) Coach Lights are required on each elevation M A S T E R P L A N G U I D E L I N E S 5' c J id tD Three (3) Coach Lights are required on a 70' Lot or Larger Northside NCrossing AT NEW DAY tD Spotlights and/or floodlights cannot be mounted to the front elevation of the house unless discretely mounted under the eve and used for accent lighting of the home. Streetlights provide a valuable and necessary safety function. NSX plans to employ decorative lighting to distinguish the development streets and paths from other areas and to provide for neighborhood character. Acuity brand lighting has been successfully employed in this region and should provide variety and visual interest in the project. k P Acuity Brands Street Lighting with decretive poles is an example of lighting that will be employed throughout the development. MISC. REQUIREMENTS M A S T E R P L A N G U I D E L I N E S 5 Designing for the Local Environment eqeNorthside Crossing AT NEW DAY The building and site design should be rooted to its place in Northside Crossing and respond to the natural environment. NSX should be analyzed with empirical environmental knowledge and energy modeling to establish sustainable building strategies that respond to the site's context. Establishing a landscape of native and regionally appropriate plant material embodies the natural character of the site while requiring less water. ENERGY USE AND CONSERVATION Water is a precious resource, especially in Idaho, and should be conserved. Water conservation efforts shall include the use of Xeriscape plantings, use of secondary irrigation and high -efficiency plumbing fixtures that use less water than typical fixtures. Using native and regionally appropriate plant material will result in green spaces that use less water than conventional landscapes. Solar design should be considered in the early design stages. All solar appurtenances shall be submitted for approval by ACC and will be evaluated on a case by case basis ENERGY EFFICINCY STANDARDS The NSX Energy Efficiency Program prescribes a set of structural -design standards for heating, ventilation, air conditioning, ductwork and the outer shell, or "building envelope," that encases a home's living quarters. During final inspection, homes are subject to a series of performance tests to verify the efficiency of the building envelope and ductwork. A. SPECIFICATION Homes at Northside Crossing built to EFL Platinum class certification will include: framing, thermal ducts, ventilation, pressure balancing and carbon monoxide testing. B. PLAN REVIEW Limited guarantees require a plan review for each production level plan and are conducted by third -party authorized review centers. C. TESTING PROTOCOL Testing Protocol: Homes will be tested for duct tightness, air tightness and pressure balancing. Visual inspections shall be performed for framing, thermal envelope, and ventilation and carbon monoxide detectors for requirement of the Program Requirements. All tests and inspections will be performed by a party authorized by the NSX Energy Efficiency program. MAST E R PLAN GUIDELINES 5' ` Northside NCrossing AT NEW DAY D. BUILDER RESPONSIBILITIES [D Design and construct homes to include the Program Requirements. ID Remain solely responsible for the design and construction of your homes. [D Ensure that subcontractors understand their responsibilities in meeting the Program Requirements. This shall include ensuring that your subcontractors have completed the NSX Energy Efficiency program's field training. It may also include amending your current agreements with subcontractors to reflect new responsibilities. [D Make any adjustments in the sequencing of trades needed to ensure that the Program Requirements are followed. VD Ensure that all applicable building codes are satisfied. [D Contact NSX Energy Efficiency program if you believe there is a Program Requirement that Conflicts with a building code requirement. CONSTRUCTION BEST MANAGEMENT PRACTICES Construction best management practices (BMPs) shall include the following: Prevent unnecessary soil compaction in landscape areas. Low -impact construction practices are strongly encouraged, including waste minimization, pollution prevention, preservation of existing vegetation and using resource -efficient materials. All construction shall adhere to the Community Builder -approved set of plans. It is strongly suggested that Owners inform the Community Builder of any issues related to compliance of construction with the approved set of plans to avoid potential construction delays. The Community Builder may, at its option, inspect all work in progress. The Builder shall be liable for all adverse impacts resulting from construction, alteration, maintenance, repair, replacement or removal of improvements to its property. Impacts include adverse soil erosion and sedimentation, soil compaction, storm water run-off and tree damage. Builders shall take necessary measures to ensure that their contractors respect and protect other properties from nuisances. This includes damage to the landscape, utility interruption, run-off, dust, trash and noise. A program should be implemented that avoids landfill disposal of construction material by the reuse or recycling of materials. Recycled concrete can be used as backfill material and subgrade to the extent it meets construction specifications. Topsoil shall be stockpiled and reused on the site or offered to the Community builder before being disposed of offsite. MAST E R PLAN GUIDELINES 5 ` Northside Crossing AT NEW DAY It is the responsibility of the Builder to install adequate erosion control measures prior to the start of construction and to maintain controls throughout the entire construction process until project completion. It is the responsibility of the Builder and contractors to develop and maintain a Storm Water and Pollution Prevention Plan (SWPPP) and use Storm Water/ Erosion Control Best Management Practices to ensure compliance with EPA and Idaho DEQ SWPPP regulations Construction may take place only during the following hours, unless the Community builder designates other hours in writing: Monday through Friday from 30 minutes before sunrise to 30 minutes after sunset, and Saturday from 9:00 a.m. to 5:00 p.m. Construction is not allowed on Sundays, New Year's Day, Easter, Independence Day, Thanksgiving or Christmas. An appropriate number of temporary sanitary facilities (chemical toilets) shall be provided and maintained for the use of construction workers at each site. All such temporary structures shall be located only in areas on the site approved by the Community Builder. The builder shall control dust from the construction site by spraying earthwork with water on an as -needed basis. Gravel mulch should be used on drives and walkways for dust control. The sound volume of music must be restrained so as not to be heard on an Owner -occupied lot. Contractors and subcontractors shall not bring dogs or children to construction sites. CONSTRUCTION EQUIPMENT, PARKING AND STORAGE No construction equipment shall be parked on a street longer than 1 hour at a time. Parking is not permitted under the drip line of trees and shall not damage the adjacent natural landscape. Construction crews shall not park on, or otherwise use, other sites. Leaking oil or otherwise damaging or defacing any street located within Northside Crossing is not permitted. Parking in front of driveways is prohibited. All construction materials and equipment shall be neatly stacked, properly covered and secured. Any storage of materials or equipment shall be the Builder's responsibility and at their risk. The storage of equipment materials or chemicals shall not be permitted under the drip line of existing trees. Builders may not disturb damage or trespass on adjacent property. Each builder shall keep its building site and improvements in a safe, clean and neat condition, and shall remove, replace or restore all such items not in such condition. Contractors shall remove debris and unneeded construction materials on a routine basis. MAST E R PLAN GUIDELINES 5 Northside Re Crossing AT NEW DAY The Builder shall use the Northside Crossing "washout area" in connection with its obligations under the SWPPP Permit. Builder shall (i) adhere to appropriate erosion control measures and requirements governing the Subdivision, and (ii) keep neat and clean and maintain his individual site. Violations deemed punishable shall receive a non- compliance fine of $250.00 per incident and shall be deducted from the Deposit relative to the lots. BUILDER TRAILERS If a Builder places a construction trailer {the location of which is subject to the reasonable approval of Developer) on any Lots it owns or purchases in the Subdivision, the Builder shall place a skirt or other covering on such construction trailer. The Builder may only place a construction trailer on Lots that it has purchased Keep and maintain the area surrounding any such construction trailer neat and clean. Store any materials on such Lot containing the construction trailer in a manner such that the materials are not visible from streets or rights-of-way bounding such Lot and are not unsightly to homes on adjacent lots to the side or behind the construction trailer. In the event the Builder Contract is terminated for any reason, the Builder shall remove any construction trailer placed on any Lot {and restore the Lot(s) to substantially the same condition existing prior to the placement of the construction trailer on such Lot. SITE CLEANLINES During the construction period, each construction site shall be kept neat and shall be properly policed to prevent it from becoming an eyesore. Builders shall provide necessary containers for debris and shall clean up and remove all trash and debris on the construction site on a daily basis. Lightweight material, packaging and other items shall be covered or weighted down to prevent wind from blowing such materials off the construction site. The dumping, burying or burning of trash or construction debris is not permitted anywhere in Northside Crossing. It is imperative that, when transporting heavy equipment, precautions be taken to prevent damage to pavement, curbs and vegetation. Crawler tractors shall not be operated on paved or concrete surfaces. Mud, dirt and other construction debris that is tracked off site shall be removed on a daily basis. LOT MOWING: RULES AND REGULATIONS MAST E R PLAN GUIDELINES 5' c r=i Northside NCrossing AT NEW DAY EXHIBIT A: TOPOGRAPHY MAP M A S T E R P L A N G U I D E L I N E S 5 EXHIBIT C: DISPLAY MAP OF BOUNDARY Northside NCrossing AT NEW DAY DISPLAY MAP FOR: NEW CREATIVE COMMUNITY BOUNDARY FOR NORTNSIDE CROSSING PROJECTS LOCATED IN THE EAST 12 OE SECTION 31 ANO THE WEST 1Q OF SECTION 35 TOWNS f-IIP5 SOUTH RANGE M EAST. BOISE +27261 INT Of BEGINNING MERICIAN. BANNOCK COUNTY, IDAHO 27 TYiIE'EgD,126 S�g`46'49" E 2637 82'9°47'15"E 1057.19'S 89°46'49" E 1485.77 1152 05' 35 N 0"14'10" E 25.0S 13°11'58" W 241.08' �r I �o N 8"50'33" E 81.36' S 26'17'16" W 314.45' RADIUS = 2950.00' A= 10'03'16" S 18°21'19" W 318.85' LENGTH - 517.89' TANGENT = 259.50' CHORD = N 3°48'55" E 517 01' - STEVEN ALLEN WILSON IN5T NO 2'I404143 -\_W [EXCEPTED PARCEL)Q 13 KENT L. YOST +" INST. NO.21008325 JJAR INVESTMENT, LLC INST NO. 21008359 11�.y � KEVIN LOVELAND fl W AN LOVE1.11 INST NO. 2121398,I "v JJAR INVESTMENT, LLC 0 IA INST NO. 21005989 TOTAL CREM7PECOMMUMMY I Z o PROJECTAREA s1zT�iCAei s w � y o lu) N 80'43'27" W 2658.52' 34 THE JEEFERY D. DRISCOLL OR NF''J S 1'13'28" E 352.00' JUGEP.CRISCOLL REVOCABLE TRUST INST NO 21806573 W I S 8°00'48" E 396.63' ml� z 1 5 5°46'10" E 583.20' JRIN�T 6 IVIS N Z CfTY OF CHUBBOCK 20 2'1165 ' INST. NO 21602283 1 j N 89°46'42" W 1184.49' N CRAIG LYNN ED KIMBTMSTKIM N .8571 8 91MON5 r INST NO.597138 1 ' �D RANDY MERICA 8 O] TERESA MERIDA 1vax7N y ' � INST. NO. 898747 NORTHSIDE PLAZA S0'14'09"W o� INST. N0.821578 432.86' oRaPwic SCALE 0 480 0 200 400 U) N 89"36'44" W 720.00' FEET NORTHSIDE CROSSING I 1 Inch - 400' I D VISION I INST NO 918163 l 2'. 4 5 n 35 3 N 8936'44" W 2650.75' Sig 3 2 — — -- 2 N 89'36'44" W 264.32' DRAWN BY: SEAN O'BRIEN 9nnE7arr�� I FILELOCATION'R1MYOST. LYNvANNrAATION-20.0181SDRVACADINEWCCRONNOARY_DWG MAST E R PLAN GUIDELINES 5 Northside ` DAY Crossing AT NEW DAY EXHIBIT D: LEGAL DESCRIPTION OF BOUNDARY Engineers • Surveyors • Planners 301 58Th 51. W. AY78 • W11141on, NO 5880/ • /701J 572.0110 600 F. Oak Sl. • Pocalal/o, /O 83201 • /208/ 234.0110 www. nvas, biz LEGAL DESCRIPTION — NEW CREATIVE COMMUNITY BOUNDARY FOR NORTHSIDE CROSSING PROJECTS A TRACT OE LAND LOCATED IN THE EAST 1/2 OF SECTION 34 AND THE WEST 1/2 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 35, BEING MONUMENTED BY A RAILROAD SP#KE AS DESCRIBED IN CORNER PERPETUATION FILED FOR RECORD UNDER INSTRUMENT NO. 20520343 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE SOUTH 89"46'49" EAST, ALONG THE NORTH LINE OF SECTION 3S, A DISTANCE OF 1485.77 FEET TO A POINT ON THE CENTER OF THE HILINE CANAL; THENCE FOLLOWING ALONG THE CENTERLINE OF THE HILINE CANAL OVER THE FOLLOWING EIGHT (8) COURSES: 1. SOUTH 1311'58" WEST A DISTANCE OF 241.08 FEET; 2. SOUTH 26°17'16" WEST A DISTANCE OF 314.45 FEET; 3. SOUTH 1821'19" WEST A DISTANCE OF 318.85 FEET; 4. SOUTH 9°31'31" WEST A DISTANCE OF 808.83 FEET; S. SOUTH 0°35'06" WEST A DISTANCE OF 1029.73 FEET; 6. SOUTH 1°13'28" EAST A DISTANCE OF 352.00 FEET; 7. SOUTH 800'48" EAST A DISTANCE OF 396.63 FEET; 8. SOUTH 5"46'10" EAST A DISTANCE OF 583.20 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO RANDY MERICA AND TERESA MERICA AS DESCRIBED IN WARRANTY DEED RECORDED AS INSTRUMENT NO. 896747 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE FOLLOWING ALONG THE NORTH AND WEST BOUNDARY LINES OF SAID PARCEL OF LAND OVER THE FOLLOWING TWO (2) COURSES: 1. NORTH 8946'42" WEST A DISTANCE OF 1184.49 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 35; 2. SOUTH 0'14'09" WEST A DISTANCE OF 861.18 FEET; THENCE NORTH 8936'44" WEST A DISTANCE OF 720.00 FEET; THENCE SOUTH 0°14'09" WEST A DISTANCE OF 432.66 FEET; THENCE NORTH 89"36'44" WEST A DISTANCE OF 264.32 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE RAILROAD; Focused on Solutions Civil 4 Environmental ♦ Transportation i Planning ♦ Land Development ♦ Municipal ♦ Surveying M A S T E R F L A N G U I D E L I N E S 5` Northside NCrossing AT NEW DAY THENCE FOLLOWING ALONG THE EAST RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD OVER THE FOLLOWING THREE (3) COURSES: 1. NORTH 1°12'43" WEST A DISTANCE OF 4643.53 FEET TO A POINT OF TANGENCY WITH A 2950.00 FOOT RADIUS CURVE WHOSE CENTER BEARS NORTH 88°47'17" EAST, 2. FOLLOWING ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 10"03'16" FOR AN ARC LENGTH OF 517.68 FEET (THE CHORD OF SAID CURVE BEARS NORTH 3'48'55" EAST A DISTANCE OF 517.01 FEET), MORE OR LESS, TO A POINT OF TANGENCY; 3. NORTH 8°50'33" EAST A DISTANCE OF 81.36 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF TYHEE ROAD, BEING 25.00 FEET SOUTH OF THE NORTH LINE OF SECTION 34; THENCE SOUTH 8947'15" EAST, 25.00 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF SECTION 34, ALONG THE SOUTH RIGHT-OF-WAY LINE OF TYHEE ROAD, A DISTANCE OF 1057.19 FEET TO A POINT ON THE EAST LINE OF SECTION 34; THENCE NORTH 0"14'10" EAST, ALONG EAST LINE OF SECTION 34, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: A PARCEL OF LAND BELONGING TO STEVEN ALLEN WILSON AS DESCRIBED IN WARRANTY DEED RECORDED AS INSTRUMENT NO. 21404143 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY DESCRIBED AS FOLLOWS: Commencing at the NW corner of Section 35, T 5S, R 34 EBM: Thence S 36 degrees 07' E 1450 feet to the P.O.B. Thence N 01 degrees 26' E 241.0 feet: Thence S 87 degrees 36' E 220.56 feet (recorded as 210 feet): Thence S 12 degrees 01' W 259.49 feet (retarded as 259 feet): Thence N 84 degrees 59' W 173.21 feet (recorded as 174.50 feet): Thence N 01 degrees 26' E 6.97 feet to the P.O.B. A Tota! of 1.14 acres (recorded as 1.04 Acres) TOTAL PROJECT AREA IS 222.74 ACRES, MORE OR LESS Focused on Solutions Civil 4 Environmental 4 Transportation ♦ Planning 4 Land Development ♦ Municipal 4 Surveying