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HomeMy WebLinkAbout10 13 2020City of Chubbuck Land Use and Development Commission Regular Meeting October CHUBBUCK I p H City Hall Council Chambers 5160 Yellowstone Avenue, Chubbuck, ID 83202 Due to social distancing needs, this meeting will be held via web and telephone ONLY via the following options: Web -conference (no webcam is necessary to participate): htt s: us02web.zoom.us 84259270896? wd=UEhZbkYOeXdZRk9LMiI RnYzbzEOdzO9 Telephone: Dial by your location +1669 900 6833 US +1253 215 8782 US Meeting ID: 842 5927 0896 Passcode: 028260 General information on joining a Zoom meeting can be found at https:lZsuoport.zoom.us/hc/en- us/articles/201362193-Joining-a-Meetin . AGENDA I. CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. APPROVAL OF MINUTES for August 20, 2020 (action item) III. PUBLIC HEARING An application for a Conditional Use Permit for a detached garage and a single family residence in a Limited Commercial (G1) zone on approximately .55 acres of land. Subject property is Lot 2 Block 1 of Strait Estates subdivision, generally known as 841 Todd St, Chubbuck, Idaho. Type of Action: Land Use decision. (Action Item) An application for a Change in Land Use District from Limited Residential (R-2) to Limited Commercial (C-1) on approximately 1.26 acres of land. Subject property is in the Southeast % of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 426 East Chubbuck Rd, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Type of Action: Recommendation. (Action Item) 3. An application for a Conditional Use Permit for a reception/events center in a Limited Commercial (C-1) zone on approximately 1.26 acres of land. Subject property is in the Southeast of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 426 East Chubbuck Rd, Chubbuck, Idaho. Type of Action: Land Use decision, conditional upon approval of Limited Commercial (C-1) zone change request. (Action Item) IV. GENERAL BUSINESS 1. Adoption of Resolution 2020-01 Northside Crossing Urban Renewal Plan. In compliance with the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), the Urban Renewal Plan for the Northside Crossing Urban Renewal Project (the "Plan"), adopted by the Chubbuck Development Authority on September 15, 2020, pursuant to Agency Resolution 2020- 05, will be presented to the Commission for review and determination as to its conformity with the City of Chubbuck Comprehensive Plan. (Action Item) 2. Discuss Recent Survey on the Future Downtown Development concerning bench styles, street name themes, and elements to prioritize in the area, such as courtyards, water features/fountains and sidewalk dining; and provide a recommendation to City Council on street name themes. (Action Item) V. ADJOURN City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing special accommodations to participate in the meeting should contact the City offices at 208.237.2430 at least 24 hours prior to the meeting. _Z4&k_,\ CHUBBUCK InaH0 City of Chubbuck Land Use and Development Commission Regular Meeting August 20, 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, Rebecca Berls, Thais Ayre, Brady Smith, and TJ Budge. Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Community Planning and Economic Development Director Devin Hillam, Planner Paul Andrus, Office Administrator Kami Morrison Also joining via Zoom: Steven Frei, Ken Menlove, Riley Sorensen Mendenhall called the meeting to order at 7:00pm Mendenhall asked if any Commissioners had a conflict of interest with the items before the Board tonight. Ayre recused herself from Public Hearing Item #1 and General Business Item #1. Smith recused himself from General Business Item #1 and asked for consent to act as the representative on that item. APPROVAL OF THEM IN UTES: July 14, 2020 Mendenhall entertained a motion to approve the minutes as emailed. Smith moved the minutes of July 14, 2020 meeting be approved as emailed; Stoddard seconded. The full authority approved. PUBLIC HEARING 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 3 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 South East corner of Philbin and West Chubbuck Rd, Chubbuck, Idaho at approximately the 1200 block of West Chubbuck Rd. The property is currently zoned Limited Commercial (C-1). Type of Action Land Use decision. Ken Menlove, general contractor and engineer representing the applicant. Menlove stated the Commission has seen this project before. The site plan has been revised and the zone change was completed and is now in a Commercial zone. They changed the site to a 3 -acre site and moved the access down off Hiram instead of an access off of Chubbuck. The facility will be a fortress style building with decorative masonry block around the entire perimeter. Units will be blocked from street view. Facility has a security gate accessed by key pad and hours will be controlled. Property will also have a caretaker facility with someone living there full time watching over the facility. Units generate very little traffic and light pollution. Storage units are very quiet, good neighbors, and provide a good service to community. Facilities they build have sizes from 5x5 up to a 1000. Nice to have them close to homes so residents don't have to drive too far. Elevations have been revised. North elevation shows store front windows, standing seam metal roofs, wood timber canopies, and the entire perimeter is set back and fully landscaped. Will have a 10 foot wall and landscaping. Holmes asked how far back the access on Hiram is from Chubbuck Road. Menlove stated that right now it's showing about 70 feet but they can move it back as far as staff recommends. If it needs to line up with the church drive approach it can be moved to there as well. Menlove said City Staff explained that the City Engineer would determine how wide the road needs, any dedication required during platting and where that access would need to be. Berls asked how far the setback is on the south side. Menlove stated it is drawn as 20 feet which will also be landscaped. Andrus explained the applicant has met requirements and the Commission has seen the application before. They completed the rezone a couple months ago. Most requirements for the site plan will be addressed in design review. Budge stated he appreciated the changes the applicant had made but still has concerns with the aesthetics of the facility and character of it, given that it's surrounded by residential uses. Budge stated he has concerns it will have the appearance of a compound of sorts because of the 10 foot wall. Budge asked the applicant to explain more about the store front look. Menlove explained the building will have split face and smooth face block, timber, stone, canopies, roofs that pop up higher and steel canopies that go out over the windows. At night time when driving by you can see inside and see lit up hallways with storage units inside. A lot of the units are climate controlled so you can see inside to those units. The fapde is similar to a retail building. Mendenhall opened the public hearing. No testimony. Mendenhall closed the public hearing brining the meeting back to the Commission. No rebuttal from applicant. Mendenhall voiced that he does like the redesign and really likes the access being changed to the side street instead of on Chubbuck Road — feels it is a good design for the area. Berls stated the front looks much better but now has concerns with the south side adding that someday there will probably be a school or something else there so that side should also should be lined with evergreens per code, specifying that she would like to see trees along that area. Schwartz asked if in the future with the 3 -acre restriction on storage units, if they, or someone else, wanted to expand what those requirements would be. Andrus stated it would require the same process of going through a CUP application. Schwartz clarified he was wanting to know if there are loopholes that would allow that to happen in the future. Mendenhall stated any expansion or new facility by code requires it to go through a CUP and back to the LUDC. Hillam added it would require a CUP again for another one or an adjacent property. The CUP comes back to the LUDC and one of those items to look at is compatibility with the surrounding neighborhood. If they didn't feel it was compatible because there's already one there it would certainly be within their grounds to deny that. Budge again express concerns about the aesthetics and compatibility but added that no one in the neighborhood was expressing opposition so that probably says something as well. Berls said if they decide to approve the application they would need to improve south section with landscaping as well but added it's not great for neighborhood. She cited property values for nearby homes explaining it is not the best fit. Berls said she has heard people talk saying they aren't excited about it and don't want it but also added no one showed up to express those concerns. Mendenhall pointed out that to the west is all commercial and across the street on the corner is now all commercial as well (if Council approved last night). In the subdivision across the street, homes are all facing side streets with no direct view or access onto Chubbuck Road. Unless they are looking out their front door and looking south they wouldn't really see it. Mendenhall said with the number of commercial properties around it he is inclined to be in favor of it. Holmes provided an update on City Council saying they had to move the public hearing on the property mentioned across the street. The applicant was tied up so the zone change will now be in September. Holmes added to Berls point about landscaping, there's nothing in code to require that and what is depicted on the south elevation would meet screening requirements. Berls referenced 1$.12.20 section (C), that if the surrounding neighborhoods are residential then they need to have larger buffer and can reduce by 50% if it is landscaped. Across street and on the corner is zoned residential so the 20 feet setback would still touch the eastern side of the PUD which is considered residential Andrus explained the code goes on to list; except 1— can be reduced 50% by a solid wall, solid fence minimal 6 feet tall, so the wall meets that requirement. Budge asked what will be between the wall and property line. Andrus said the applicant has indicated they will landscaped that. Berls apologized saying she misread the code but is still concerned about the south side and whoever ends up there won't want a 10 foot brick wall to stare out and would like to have landscaping on that side as a condition of approval. Smith asked permission to ask the applicant about his thoughts on that landscaping. Menlove stated they have no problem planting trees there and just didn't draw the trees on the elevation. He added he was fine with that as a condition. Budge asked for clarification on landscaping if it will be grass and trees or just rock. Menlove stated they will rely on City Staff to help with that. They were originally told Chubbuck puts storm water into buffer areas so were planning on putting it in those areas but if they recommend sod or grass or gravel/rock combo, they are okay with any of that. Sorensen added all their facilities except the one in St. George always have grass and dark crushed lava rock along with curb, grass, trees and shrubbery and are open to recommendations. Mendenhall suggested a condition be to add in the trees but then to work with city staff on what is best for landscaping. Berls asked each Commissioner to voice where they stood on the application. Smith stated that nothing is ever perfect and with the changes made, they have been very willing to do a few things and have been delayed longer than they wanted. They have been very willing to try and adhere to things the Commission has asked them to change. As a whole probably more positives than negatives with what they are presenting. Schwartz agreed with Smith. Adding he isn't thrilled but they have gone above and beyond to make things work and he is impressed with that and they have gone above what has been required. Stoddard stated he was in agreement as well. They have been willing to meet existing ordinances and have been working within what is allowed. Can't ask for a more compliant application. They are willing to work with whatever design review might give them. Stoddard added he thinks as a Commission they are ready to move on it. Mendenhall entertained a motion. Stoddard moved to recommend approval of the Conditional Use Permit as presented. No second. Motion dies. Smith moved to approve the Conditional Use Permit for the storage project with the condition that within the design review process that they adhere to landscaping to include trees along south boundary line and the rest as presented. Stoddard, seconded. With all Commission members understanding the motion they voted. Roll Call Vote: Brady Smith, Yes; Dan Stoddard, Yes; Rebecca Berls, Yes; TJ Budge, Yes; Mike Schwartz, Yes; Jason Mendenhall, Yes. Motion carried. GENERAL BUSINESS 1. An application for a preliminary plat for the Alpine Crossing Subdivision, Division 1B. Applicant proposes to subdivide 3.99 acres into 14 residential lots. Property is in the NW of Section 9, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located west of Independence Avenue and south of Sawtooth Street, in Chubbuck, Idaho. Current zoning designation on the property places it in the Limited Residential {R-2} land use district. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. Application will be evaluated against standards found in municipal code section 17.12.100. Type of Action. Recommendation. Smith, recused from item, representing the applicant, 600 E. Oak RMES. Smith explained that the phasing is a little confusing so wanted to clarify that for the Commission. About 6 months ago they were before the Commission with Alpine Crossing Division 1A. It was generally located within the intersection with lots spurring off. Since then, and due to some costs with offsite sewer, they decided mid -stream that the phasing should be changed to a smaller footprint which is before the Commission tonight. Now they have phase 1A and 1B. This will allow the client to access sewer within Sawtooth Street and supply needed facilities for 14 lots and give them the starter phase without having to do all the other improvements that may cost them some capital up front. Smith continued explaining it is the same blueprint in terms of lot size and density and home type. They are just taking the perimeter and reducing the footprint. Last time they had around 21 or 22 lots and this is 14 lots and they will still plan on doing other phases as the project moves along. Project meets requirements of R-2 zone. Berls asked when it will connect to Pinewood. Smith explained that SEICCA deals with government funding and are on certain schedules. Funds have to be used by 2022, which seems a ways out but they could be doing the next phase by fall of next year. A lot will depend on market demands. They have to have a certain amount of homes built in order to use up the funding. Smith anticipated anywhere between 12-24 months before it would connect. Berls asked for clarification on if funds had to be used for entire area or per phase. Smith said they must use up funding per phase. They will have appropriations dedicated to each phase as they move along. Their plan is to keep what they need to within funding and market to builders as well. Next phase is the pinewood connection so will be in the 12-24 month cycle. Matson had no additional information. Lots in this subdivision larger than neighboring lots. Basically re - platting parts of phase 1. Future phases will also take care of secondary lot for storm water and secondary irrigation. Stoddard asked about the Redman lateral canal and if it will remain open from Hawthorne to Philbin. Matson stated it will remain open and the city has tentative agreements with the irrigation company to run trail along the canal. The Canal Company has a 35 foot easement along the back of the properties. That would have to be worked out with property owners. Smith clarified they will just be doing crossing applications in spots where it crosses. One on Galena Street maybe and one shown on the master plan. In Park Meadows, the easement was defined and they fenced to the easement, the rest stayed open for maintenance. Stoddard asked what side the trail would be on. Matson said they aren't sure yet. Stoddard asked if the easement would allow for public access or if each property owner would need to give approval. Smith explained that the judgement call is left with Fort Hall. The way they have been dedicating it on the plat is that it is "eligible" for trail access and the only condition is that it meets the agreed upon terms between the City and Fort Hall. Hillam added he has been working on the project with the Fort Hall Irrigation Project. As the plats comes through the wording is it's an easement reserved for public recreation. Hillam said they've been good about telling which side they want to see the trails on but they haven't let them know yet on the Redman Canal. Stoddard asked if landowners would be surprised by a trail popping up. Hillam said they shouldn't be. It's on all the plats and is a recorded document. Budge said having reviewed the application materials and heard the testimony of the applicant and staff, he moved to recommend approval of the preliminary plat as presented. Schwartz seconded. Roll call vote: Budge, Yes; Schwartz, Yes; Stoddard, Yes; Berls, Yes; Mendenhall, Yes; Motion carried. 2. Discuss Recent Survey on Themes for Future Downtown Development Matson presented results of a survey they conducted on social media which had 259 respondents. The survey was aimed at getting input to help identify downtown and create interest in the area. And what themes and what downtown should be called. Matson reviewed survey results for: • Historic Themes • Atmosphere and Experience Themes (all scored higher than everything on historic themes) • Natural Themes • Downtown Naming results and word cloud Berls stated in her travels she had noticed places that were geared more towards nature and art, with sculptures and paintings on buildings and trash cans which made the areas more vibrant. Berls felt that adding little details like that helps a lot. Matson said the next survey going out soon will ask about garbage cans. Matson said the streetlight survey showed most people preferred a pole with two lights and two baskets for flowers. Budge asked what the process is moving forward. Matson stated they have had to revise the plan slightly because of covid but things can still be done on the sidelines. They need to look at the aging of the underground pipes in the area. Gage the status of market and get more public input and still plan to hold Zoom meetings with stakeholder groups. The Commission then briefly discussed having food trucks in the downtown area and other places to do things. They also discussed the flea market and farmer's market on Chubbuck Road, both of which Mendenhall said, have been successful with high attendance. Mendenhall entertained a motion to adjourn; Stoddard made the motion. Berls seconded. All voted to adjourn at 8:11pm. Jason Mendenhall, Chairperson Kami Morrison, Office Administrator Due to social distancing needs, this meeting was held via web and telephone ONLY via the following options: Web -conference (no webcam is necessary to participate): https://us02web.zoom.us/o/8S749862615?pwd=U kRVWXIVW4 R29PcGRNaHNOVkI0dz09 Telephone: Dial by your location +1669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1346 248 7799 US (Houston) +1929 205 6099 US (New York) +1 301 715 8592 US (Germantown) +1312 626 6799 US (Chicago) Find your local number: httr)s://us02web.zoom.us/u/kuvR9imIL Meeting ID: 857 4986 2615 Passcode:034776 CHUBBUCK 1 0 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 MATT AND JERRICA PARKIN APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION MEETING ON OCTOBER 13, 2020 REQUEST: An application for a Conditional Use Permit for a storage building with a future residence in a Limited Commercial (C-1) on .55 acres of land. STAFF FINDINGS SUMMARIZED • This application is looking at the conditionally allowed use for a storage garage and then a residence. • Storage facilities and residual dwellings are Conditionally Permitted in a Limited Commercial (C-1) zone. • 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. FACTS BACKGROUND: Subject property is Lot 2 Block 1 of Strait Estates subdivision with access via Todd St. Lot 1 fronts on Chubbuck Rd. and is used as a physical therapy center and Lot 3, to the east of Lot 2, is used by its owner as an addition to his back yard. The Comprehensive Plan shows this as Mixed Use which includes all residential uses/zoning and the C-1 zone. 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: Matt and Jerrica Parkin 4719 Kimmi Ct. Chubbuck, ID 83202 APPLICANT: Matt and Jerrica Parkin 4719 Kimmi Ct. Chubbuck, ID 83202 LOCATION: Generally located at 841 Todd St. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Commercial (C-1) PROJECT SIZE: .55 acres more or less VIEWS: Visible from immediate surrounding properties TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Small Patio SURROUNDING LAND USES AND ZONING: NORTH: Single family homes zoned Limited Residential (R-2) EAST: Single family homes zoned Limited Residential (R-2) SOUTH: Single family homes zoned Limited Residential (R-2) WEST: 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: 2018 Chubbuck Rd - West of Hawthorne Rd. 10,781/day SERVICES: ACCESS STREET: from Todd St. 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 October 13, 2020 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; 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 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: 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 used for private storage before home is constructed. 3. 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. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A H 0 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. 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 complement 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. 7. Account shall be taken of the support or opposition expressed by the 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. Staff Analysis: Storage and residential structures are conditionally permitted in a C-1 Limited Commercial zone. 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: 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 owners plan to move into a home later on the site, and as this is surrounded by a residential area they have a vested interest in its appearance and maintenance. Non conformances would be handled like any other code enforcement. 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 does not find that stricter standards would need to be met. The Comprehensive Plan shows this as Mixed Use which would allow these uses. 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) 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: 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 Conditional Use Permit request are satisfied, I move to approve 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 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 3. Maps a. Vicinity/ Site b. Zoning A�4 707�c\ CHUBBUCKH 0 1 0 REPORT DATED: October 5, 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 www.CityofChubbuck.us City of Chubbuck Land Use Application ® CONDITIONAL USE PERMIT ❑ CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ COMPREHENSIVE PLAN CHANGE ❑ City Official: _JgkL CHUBBUCK IDAHO Date: ❑ / ❑ / ❑ For the Land Use Meeting of ;0 9 / 0 8 / MO Application Deadline: o 8 / E] /2 o 2:00 PM t } } 1. Name of Applicant: Mailing Address: Email address: 2 3. 4. 5. b. Filing fee of $_2 ($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. Paid to the City Clerk on: g. +, , 20 --I-b Initials K�k_ Receipt # Z . OU �- 9 Project location: wJ Le rA � Existing Land Use District: Describe Proposal: Q ham; if Q lil' D AL, 4u 411-r The approval of this exception does not sanction the violation of any ordinance 1? 7. I attest to the truth and exactness of all information supplied on this application. I will develop or use 7�th��subir s orth herein. ❑/ mlm 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 11 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 necessaryfor 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 I I" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum Floor plan 114" = F- 0" minimum Revised: 5-9-2019, PBA Conditional Use Permit Questionnaire Applicant: I.kka & u , �a k Address: N�19 C,�' City: Gt b b'LI State: Zip: `33zo2 aP CHUBBUCK 1. Describe how this application will be beneficial to the neiqhborhood or otherwise foster public health. safety, 2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks or the natural environment? 3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the 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? 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? , 6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands? !A, v aka C a� ae F� ( be...-. �ijuf9 u e� J rn4 n Nti� 2SLLel'cs k 1� 2xs� GI e Q la ort ed . L �J 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. �. [I A S. Describe the sequence and timing of the proposed development. w 9. How will the development be properly maintained? / /� A-, 2 r2 5, Ar-, � a I � W e-(( I u"t +4' _ ( 0.-c( W, 4, Conditional Use Permit Questionnaire 10 Designate the exact location and nature of the development. G.rrsw� (i Li�CB �-Cq �f t�iy.4 i/i: 17e55 eri— ,'- 9 �V � ( I��v,!'a..O lDe+wce__ .8'� \ a. TS `� I "[^•-•Iri . ' jT�ozer� k� b� cF�v 0ed as restde"Vk \ h..,�1c1 11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water, sewer, other.) ll �1r��a��eH I iN'�i-C.✓ i Jtwt� � �o ,i�r 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.) e I R 20 zt 9.a Ea xa 27 26 20 so at a2 sa 04 on 30 ST as a0 40 44 42 43 44 46 46 47 40 40 50 6t 62 63 RE -24 VACANT LAND JULY-20ta:111211JOR 106 REAL ESTATE PURCHASE AND SALE AGREEMENT -'- THIS IS AI.tiOM.LY BINDING CONTRACT READ THE EN'I'IRH pOCUf4CNT, INOLUpINQ hNY KI'TAGHMENTS, u sa IF YOU HAVE ANYOLIFSTIONS,CONLai S1ILTYOURATTORNSYANn1ORACCOUNTANTSEPORSSIGNING, 6ST°"ifrdfif 0 NWARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR page 1 of 7 'PT"\�` T; T' Tv]7iA:l�:l"(altw0 REO PRESENTATIONS NOT UXPRESSLY SET FORTH HEREIN SHALL BE BINDING UPON EITHER PARTY, DIt 2. $ 44000M PUR( payablo upon the fol mWng TER This offer is contingent upon the 3, FINANCIAL TERMS: Note; A+D (A). $SSU CAR BU hureby offers the abov Ev da lead by: [] Cash (kJ Personal Check [] Cashlaeo Check _ 0 Wire Transfer El Nate El Sae Section 4 # _ Phone i—)'1'68"2. ____,.....� #_ ono Ph agrees MS AND CONDITIONS (not Including olosing costs): a ale, refinance, and/or olosing of any other property []Yoe N] No (NiA It left blank) +E+F inuat add up to total purchase price, NEST MONEY; Five Hundred Dollars And Zoro Canna a stated amounCam as aof Money whldr shall be orediled tto BUYER upon dosing. amiss/ Money IsAvlll ba; �"" Held ow DBllvered' At0]3osttod.;• 0 Responsible Broker []With offer ID Upon Receipt and Acceptance (R1 Closing company 9 Within 5 business days (throe 131 If [] upon Receipt Regardless of left blank) of acceptance. Acceptance E] See Gentian 4 p see Beollon 4 [] Seo Section 4 THE RESPONSIBLE BROKER SHALL BE: ]Baan Mitchell (BALL CASH oFPERr EINO (@YES if this Is an all cash offer do not complete Sections SD and 3U, fill blanks wlUt NIA (Not Appllooble), IF Chit OFFER BUYER'S OBLIGATION T'O CLOSE SHALL NOT BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide SELLER Within business days (five 151 If lett blank) from the date of n000ptanoe of this agreement by all parties written confirmation of Sufficient funds Andlor procee& nouassary to close transaction. Acceptable documentation Inclldoa, but Is not limited to a copy of a recent bank or financial statanimil. (0) Cash proceeds from another sale: fDYes [@ No (NIA If Toff blank) (D), $ NEW LOAN PROCEEDS: It a number greater than zero appears on the preceding blank than this agreement It contln ent upon BUYER obtaining ]ho following financing: FIRST LOAN of $ not Including mortgage Insurance, through 0 F11A, [] VA, nOONVF.NTIONAL, IjIHFA, RURAL DEVELOPMENT, F1 OTHER with Interest not to exceed %for a period of year(e) at: Fixed Role 00thor In Uto event BUYER In unable, offer azerolsing good follh efforts, to obnin the Inddicated financing, BUYER'S Enmest Monoy shall Be returned to BUYCtt, SECOND LOAN of $„through []PHA, []VA, []CONVENTIONAL, [iBIFA, (IRUFMI.DEVELOPMENT, [] OTNER _,___���,_ villb Imerast not to oxeao % for a period of yoar(s) at; [)Fixed Rate UOther LOAN APPLICATION: BUYER has nppllod OR Dating apply for such loon(a). Within _ business days (len [1011f loft EI'ank of final accaptano of all pardes, BUYER agrees to furnish SELLER with a writton confirmation showing tender approval of credit report, Income verification, debt ratios, and evidence of sufficient funds and/or proceeds necessary to aloso Imnseellon In n manner aoaaptablo to the SELLER(S) and sub]oot only to satisfactory appraisal and Had tender underwriting. If on appraisal la required by tender, fila 15ROPERTY must Appralso at not loss than purohoao Price or BUYER'S Earnest Morley shall be returned at BUYER'S request unless SELLER, at SELLER'S sola discretion, agrees to roduoo the purchase price to most the appraised value, In which case SELLER shall be entitled to a copy of the appraisal and shall have 24 hours from receipt thereof la notify BUYER of any price reduotton. BUYER may also apply for a loon with different oondfl ons and costs and 01000 transaction prov/ded all other terms and conditions of lhls Agreement are ful01lod,, and the now loan does not lnaroaso rho oosla or roqulromonle to the SELLER. FNA I VA: if applicable, It Is expressly agreed that noty ilhstanding any other provisions of this contmot, BUYER shall not be obligated to complain the purchase of the PROPERTY described herein or to Incur any ponmly, or forfeiture of Earnest Money deposlle or olhorwlae unless BUYER has been given In accordance with HUD/PHA or VA roquiromonlo a written Statement by the Federal Housing Commissioner, Vs(orans Administration or a Direct Endorsement fonder soiling fomh ilia appmisod value of the PROPERTY of riot less than the males price as stated In the contract. If such written this agreement BUYER'S Initials SID) is not received by SELLER(S) within filo atriot time allotted, SELLERS) may at their option cancel 3 of such cancellation within 3 business days (three 131 It left blank) after written confirmation woe aflct Unto period specified as Feet forth herein, SELLER shall be doomed to have accepted such written SELLER'S Dota,pl/Zs@Ozo 10:09 PM . HER PER501113 PROHIBITED, "yrighttdaho AssWaft of RPfd.TORS!, 6w. As rights rasuved. 'LAND PURCHASE AND SALE AGREEMENT page 1 of 7 .........____•-.._.............._.........v.._....aN29F202gb:2@VM•hIDT_...-..............._._...._ aadaW: 053338400i69-96246119perm Panparodbyl Chad HaNIA9 I Paldet Road E5lalo Group U.O 1 ohod@n"auioi.ne112052316613 I'Shniollelty E�aWrank0lM Sgnw, Using eS4rDnW1 I B.uto. e0815t4U b4o9-toAl-Sba0A601cN48641t RE -24 VACANT LAND auLY_zo_1oEpmoct REAL ESTATE PURCHASE AND SALE AGREEMENT � THIS IS A LHGAIV BINDING CONTRAOTREAD THE ENTIRE DOCUMENT, INCLUDING ANY ATTAtlHMENTS. "" ■ IF YOU HAVE ANY QUESTIONS, CONSULTYOURATTORNEYANOIORACCOUNTANTBEPORESIGNING. W.0141 'IDAHO T:,'fl NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, AGREEMENTS OR pass I of 7 I�lrill;l �1'U12Ss RBPRESENTATIGNO NOT EXPRESSLY SET FORTH HEREIN SHALL 82 BINDING UPON EITHER PARTY, SQf000 as _.._. _Plano N —w2 R9—=—' Fox 0 Phhono Virtual Tour: ME Legal Description: Lot 2 Block 1 Strait Estates Subdivision Water Shares: Taxes: New Elementary School: Chubbuck Type: Commercial MLS #: 565509 Area: Chubbuck & North Status: ACTIVE Asking Price: $50,000 County: Bannock Address: TBD W Chubbuck City: Chubbuck State: ID Zip: 83202 LA: Billy Satterfield - 208-221-3900 DOM:30 LO: ReMax Country Real Estate Prc/Acre: $90,909.09 Compensation Offered: BA: 3 Dual/Var: No Contract Type: ERS Buyer Exclusions: No Sign: Yes Agent Owned: No Key Box: No Key Location: List Date: 6/17/2020 Expire Date: 6/30/2021 Dup. Entry: No Tax Year: New Middle School: Hawthorne Parcel #: RPRCSES000200 Subdivision: High School: Pocatello Directions: W. Chubbuck Road to Trent to Todd the south on the personal drive behind High Desert Physical Therapy to lot (on right). Property Exclusions: Owner Name: INSTRUCTIONS Vacant DOMESTIC WATER City -Not Stubbed to Lot TERMS Cash, Conventional IlY Neighborhood Comm SEWER TYPE City Swr-Not Stbd to Lot TOPOGRAPHY/SETTING Flat /Pro ACCESS ROAD Paved OUNTY Com General USE Commercial INFO Within 100' of Lot Confidential: This view may only be distributed to GPAR members. Any violation subject to a $500 fine. This Report Printed By: Chad Harding BUILD SOME STORAGE SHEDS? HOW ABOUT A DAYCARE? THAT ARE MORE ARE POSSIBLE HEREI C-1 commercially zoned lot with its own private drive. The lot is just over 1/2 acre and offers ample size to accommodate your building of choice. City utilities can be quickly accessed in Todd Street just over 100 feet away and the lot includes the private drive that comes off of Todd Street to ensure easy access. Lot sits behind the newly remodeled High Desert Physcial Therapy building at 820 W. Chubbuck Road. Great opportunityl Estimate to run utilities to the lot. List of uses permitted by City of Chubbuck located in associated docs. How Sold: Sold Price: Sold Comments/Concessions: Closing Date: SA: SO: /2020, 10:06:08 AM 1:1,953 Bannock County Parcels Road Centerline 0.02 0.04 0.09 m 0.04 0.07 0.15 City of Chubbuck GIS, City of Chubbuck GIS, Planning Development Comprehensive Plan /2020, 10:09:05 AM 1:1,953 Bannock County Parcels Zoning = Limited Residential (R-2) Road Centerline Agriculture (A)F'IW Limited Commercial (C-1) Single Family Residential (R-1) - Planned Unit Development (PUD) 0.02 0.04 0.09 nn 0.04 0.07 0, City of Chubbuck GIS, City of Chubbuck GIS, Planning Development Comprehensive Plan, City of Chubbuck GIS City of Chubbuck Planning and Development 12020, 10:16:39 AM 1:3,906 Bannock County Parcels Future Land Use Designation Low Density Road Centerline Commercial0 Medium Density - High Density Mixed Use 0.05 0.1 0.07 0.15 0.3 M City of Chubbuck GIs, City of Chubbuck GIS, Planning Development Comprehensive Plan 18.08.440: SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS: Land Use Districts Land Uses A R-1 R-23 R-3 R-4 C-1 C-2 I Agricultural/natural resources: Agricultural (except livestock) P P P P P P P P Agricultural feed and seed stare X X X X X X P P Asphalt plant X X X X X X X X Concrete batch plant X X X X X X X C Livestock P P P P P C C C Riding stable or school P X X C C X C C Wood processing plant X X X X X X C C Arts, entertainment, tourism, recreation: `` Amusement centers X X X X X C P C �Jt'►`�' Aquatic/activity/recreation center X X X X X C P C Art gallery X X X X X C P C CSCE Dance, music or voice studio X X X X X C P P y Exercise salon X X X X X P P C v ^ Golf course C C C C C C C C Martial arts instruction X X X X X C P C Museum X X X X X C P C Civic services: Cemetery C C C C C C C G Church C C C C C C C C Government facility C C C C C C C C Newspaper, printing and X X X X X C P P publishing Publishing X X X X X C C P School G C C C C C C C TV studio, radio station X X X X X G P P Commercial retail: Adult business X X X X X X X C Automotive parts store X X X X X C P P Automotive sales X X X X X C P P Bakery goods store X X X X X C P P Bookstore X X X X X C P C Convenience stare C X X X X C P C Department store X X X X X X P C Drive-in restaurant X X X X X C P P Equipment rental and sales yard X X X X X X P P Greenhouse X X X X X X P P Grocery store X X X X X C P C Hobby store and traits X X X X X C P P Industrial and agricultural X X X X X X P P equipment sales and supply Pet shop and supplies X X X X X C P P Production building sales X X X X X X P P Recreational vehicle sales, X X X X X X P P service and supply Restaurant X X X X X C P P Retail stores and services X X X X X C P C Roadside stand P X X X X C C C Tire shop, including recapping X X X X X X P P Yard and garden sales and services Commercial services: Animal care site Auction service Car wash Cleaning, laundry shop Exterminating company Motel Kennel commercial Kennel hobby Motel Office professional (10,000 square feet) Office professional (>10,000 square feet) A(- Photographic studio Printing Service station Wedding chapels, services Health and human services: Barberlbeauty shop Bathhouse, sauna, mineral Childcare center Funeral home Hospltal Lab, medical, dental or optical Nursing home Shelter home Industrial/manufacturing: Battery manufacture Beverage bottling plant Cement or clay products manufacture Chemical storage and manufacture Contractor shop and yard Food processing plant Furniture/cabinet shop Ice and dry ice manufacturing Laboratory research Machine shop Manufacturing heavy Manufacturing light Meat packing plant Public utility yard Railroad yard site Recycling center Rendering plant Well drilling Residential: Home occupation major Home occupation minor Production buildings (for other uses allowed): Class I X X X X x C P P C X X X X X C P x X X X X x P P x x X x x X P P X X X X X C P P X X X X x x P P X X X x x x P C G X x x X x C C P P P P P P P P X X x x C X P P x X x X X P P C X X X X X C P P x X X X x P P P X X X X x C P P x X x X x C P P x x x x x C P C X X x X X C P C x x x x x x C c C C C C C P P P X x x C C C P C C C C C C C C C X X X x X C P C C C C C C C C C C X C C C C C C x x x x x x x C x x X X x x C P x X x X x X X C x x x x x x x C X X X x x x P P x x x x x x x C x x x x x x P P x x x x x x P P x x x x x C C P x x X X x X C P X x X x X X X C x x x x x x C P x x X x x X X C x x x x x x C P x X X x x x C P x x x x x x C C x x x x x x x x x x X x x X C P P1 P1 P1 p1 P1 X X X 131 P1 P1 p1 p1 X X x P P P P C C C C 0 Class 11 C Class III (outside production X buildings cluster arrangements) Class III (within production P buildings cluster arrangements) Residential dwellings (subject to density restrictions): Single household dwelling P Duplex C Threeplex X Fourplex X Apartment building X Residential rental dwelling C Zero lot line residence (subject to C restrictions) Warehouse and storage: Commercial laundry service X Feed manufacture and storage X Frozen food locker X Fuel yard X Grain storage X Moving and storage company X Nonresidential production P building (for uses allowed) Parking lot, garage or facility X Production building cluster C arrangement Salvage site X Sanitary landfill C Self service storage facility C Site buildings (for uses otherwise p allowed) Terminal yard, trucking X Vehicle storage site X Warehousing, wholesaling X P P P C C C C X X X X X X X X X P P X X X P P P C C C X X C P P C C X X X P P C C C X X P P C C C X X X P C C C p2 p2 P P P C C C P P P C C X X X X X X P P X X X X X X C X X X X X P P X X X X X X C X X X X X X P X X X X X C P P P P P P P P X X X X X P P X X C C X X X X X X X X X X X X X X X X C X X X C C C P P P P P P P P X X X X X C P X X X X X C C X X X X X C P Notes: A temporary deviation from this schedule may be permitted by the Design Review Committee for a period not exceeding 36 months. 1. Permitted unless objections by any personas set forth in section 18.12.032 of this title, in which case the matter is treated as a conditional use permit. 2. Permitted If owner occupied and no objections by any person as set forth in subsection 18.12.030N of this title. If there are objections or if not owner occupied, the applicant must apply for a conditional use permit; 3, The schedule for R•2 shall apply to an R -2P Zone. (Ord. 798, 2019) ANDERSEN, ANDREW J APPS, RICHARD JR BELLE EPOQUE LLC 4821 COLE ST 760 W CHUBBUCK RD 3000 WILLIAM ST CHUBBUCK, ID 832022930 CHUBBUCK, ID 832022935 POCATELLO, ID 83201 BLANCHARD, DRESDEN ROBERT BOWEN, PAUL B BOYLE, JOHN G 855 GLORIA ST 3745 N FLINT AVE 4891 COLE ST CHUBBUCK, ID 832022950 IDAHO FALLS, ID 834010000 CHUBBUCK, ID 832022972 BRIGGS, DAVID BRIGGS, TIFFANY A 4881 COLE ST 4850 TRENT ST CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 BRYANT, JOHN J BURNETT, LARYN B BURT, DAVID L 831 TODD 4845 TRENT ST 4871 COLE ST CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 BYINGTON, GARY N CHARTER INVESTMENTS LLC CHRISTENSEN, CHANCE D 4915 TRENT ST 15170 W LACEY RD 820 TODD ST CHUBBUCK, ID 832022953 POCATELLO, ID 832025044 CHUBBUCK, ID 832020000 COXE, STEVEN C CUNNINGHAM, JAY LYNN DAVIS, RONALD S 1956 S CONWELL ST 4851 COLE ST 1003 MARGARET CASPER, WY 826014819 CHUBBUCK, ID 832022930 CHUBBUCK, ID 832022642 DAVIS, ZACHARY JAMES DICKMAN, CHARLES L FLORES, CARLOS 1566 SHASTA ST 840 TODD ST 4842 COLE ST POCATELLO, ID 832010000 CHUBBUCK, ID 832022958 CHUBBUCK, ID 832022931 FOX, CLIFFORD K JR HAMANN, ROGER D HANSEN, JOHN T 910 W CHUBBUCK RD 845 GLORIA ST 850 TODD ST CHUBBUCK, ID 832023021 CHUBBUCK, ID 832022950 CHUBBUCK, ID 832020000 HUGHES, JOSH J JENNINGS, CAREY D LACEY INC 830 W CHUBBUCK RD 861 TODD ST 2711 CORSINI CT CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 POCATELLO, ID 832010000 LARSON, GREGORY M LEWIS, TIMOTHY A MCELHINNEY, BRANpON 907 RYAN ST 815 GLORIA ST 903 RYAN ST CHUBBUCK, ID 832020000 CHUBBUCK, ID 832020000 CHUBBUCK, ID 83202 MOORE, C EDWARD PAINTER, BRETT O POLLARD, BROOKE ELLEN 4861 COLE ST 830 TODD ST 669 REDMAN ST CHUBBUCK, ID 832022930 CHUBBUCK, ID 832022958 CHUBBUCK, ID 83202 RICHARDSON, CHRISTOPHER J ROWBERRY, FRANK RYERSON, RAYMOND ALEXANDER 4860 TRENT ST 835 GLORIA ST 4825 TRENT ST CHUBBUCK, ID 832020000 CHUBBUCK, ID 832022950 CHUBBUCK, ID 832020000 SAINT VINCENT, GREG SHUMATE, JAMES W SMYTHE, RUSSELL W PO BOX 3001 825 GLORIA ST 850 W CHUBBUCK RD POCATELLO, ID 832063001 CHUBBUCK, ID 832022950 CHUBBUCK, ID 832020000 STANGER, BRYCE D TALBOT, DONALD R TANAKA, CARLTON I 4831 COLE AVE 4840 TRENT ST 4835 TRENT ST CHUBBUCK, ID 832020000 CHUBBUCK, ID 832022956 CHUBBUCK, ID 832022955 THOMPSON, RIKKI TOPHAM, WARREN L TORRES, JEFFREY 906 RYAN 815 W CHUBBUCK RD 860 TODD ST CHUBBUCK, ID 832020000 CHUBBUCK, ID 832022932 CHUBBUCK, ID 832020000 TRENT PROPERTY LLC VELASCO, JOSE R VESSER, DALLEN C/O KEETCH, GORDON C 4911 COLE ST 851 TODD ST NAMPA, ID 836870000 CHUBBUCK, ID 832020000 CHUBBUCK, ID 832022957 WILLSON, TERRY L 4822 COLE ST CHUBBUCK, ID 832022931 '* r w. y`Y'I+!•r'�, • y ♦ -., ,. . I H , j v�,�tii(E y , , F �f � � 1'f , i, 3 , IF. Loa ` Off t a NOTICE i P11BUC .-. *� +�'s(. -�.jt �• .. �-•. s I'��.•_� . �,' �,' may. .{..,,�r.,t-MMr'+�►1M''1p",,,� ; _ • " _ � r' -'i -mss -� - • .es .., ,.,.r• CHUBBUCK 1 0 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 UNFORGETTABLE EVENTS APPLICATION FOR A CHANGE IN LAND USE DISTRICT (ZONING) - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON OCTOBER 13, 2020 SUMMARY DESCRIPTION: An application for a Change in Land Use District from Limited Residential (R-2) to Limited Commercial (C-1) on approximately 1.26 acres of land. Subject property is in the Southeast 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 426 East Chubbuck Rd, Chubbuck, Idaho. STAFF FINDINGS: After review the application, Staff finds that it likely meets the requirements for the Change in Land Use District. • The Comprehensive Plan Future Land Use map designates this area for Mixed Use, which includes land uses and development that are support by Limited Commercial, (C-1), zoning and all residential zoning districts. • This is an area that is redeveloping along a principal arterial road thus increasing the demand for more intense land uses. FACTS BACKGROUND: The front portion of the property is already zoned Limited Commercial (C-1) and has been used as a wedding catering business for several years, this is an extension of that business. 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: Unforgettable Events 426 E. Chubbuck Rd. ChubbucklD 83202 OWNER: B&K Enterprises 446 Hampton Ave Chubbuck,ID 83202 LOCATION: The site is in the Southeast 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 426 East Chubbuck Rd, Chubbuck, Idaho. PARCEL: Bannock County parcel numbers: RPRCCPCO18103 SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Residential (R-2), the parcel between the street and the subject parcel is already zoned Limited Commercial (C-1). PROJECT SIZE: Approx. 1.26 acres VIEWS: Visible from E. Chubbuck Rd TOPOGRAPHY: Generally flat TRAFFIC COUNTS: The traffic counts available from BTPO: YEAR: 2013 Chubbuck Rd — between Burley and Branson 11,468/day YEAR: 2014 Chubbuck Rd — between Burley and Branson 11,346/day YEAR: 2015 Chubbuck Rd — between Burley and Branson 11,978/day YEAR: 2016 Chubbuck Rd — between Burley and Branson 12,423/day YEAR: 2017 Chubbuck Rd — between Burley and Branson 12,765/day YEAR: 2018 Chubbuck Rd — between Burley and Branson 13,718/day SURROUNDING LAND USES AND ZONING NORTH: Currently a pasture, with an approved 66 (33 structures) Twin home development. EAST: Fire station and professional office SOUTH: Across Chubbuck Road, Patriot Square businesses zoned General Commercial (C-2) WEST: Residential homes — zoned Limited Residential (R-2) and Storage Units zoned Industrial (1) SERVICES: ACCESS STREET: East Chubbuck Rd. FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 1. In accordance with City Code 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 October 13, 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 Idaho Governor Brad Little'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. ANALYSIS AND RECOMMENDATIONS: 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 Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend this parcel be rezoned. 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 change in Land Use District are satisfied, I move to approve the request 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 request for change in Land Use District are satisfied, I move to approve the request 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 request for change in Land Use District are not satisfied, I move to deny the change in Land Use District 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: October 5, 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 I D A H O EXHIBITS 1. Application for Zone Change 2. Reference Map 3. Zoning and Land Use a. Current Zoning Map and Proposed Change b. Standards for Reviewing a Change in Land Use District 4. Comprehensive Plan a. Future Land Use Map b. Additional Policies Relevant to the Application 5. Evidence of Notice a. Mailing List b. Site Postings c. Copies 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 I D A H O im City of Chubbuck Land Use Application GH UBBUCK CONDITIONAL USE PERMIT CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ COMPREHENSIVE PLAN CHANGE ❑ City Official: Date: ❑ / ❑ ❑ ® ❑ ` PP r I 1 For the Land Use Meeting of : / Q \lication Deadline m / LL] I m 2:00 PM 1- Name of Applicant: Phone: Mailing Address: C Ghubboci-_ Email address: 2. Filing fee of $ plus $ for: Total: 5 ❑ ($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. Paid to the City Clerk on: 20 Initials Receipt # 3. Project location: 4 aa(n E -C.h 6bdC*_ ?I R Existing Land Use Describe Proposal: r r The approval of this exception does no 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 t e subject prop as set forth herein. Signa e of Applirc 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 I 1 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 necessaryfor 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 11" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum FIoor plan 1/4" = F- 0" minimum Revised: 5-9-2019. PBA General Notes 50'-0" Ilk OPEN PATIO 50'-0° EVENT 0 DINING o SPACE 00 0 N CO 11 91 _ 101-01, 1 M W KIT. UT STOR GR - q FY ST BRIDE OF N 10'-0" H H H _F -NEW PAVEMENT - 10' -0" 0 io LO N No. Revision/Issue Date Firm Name and Address 30'-0" 80'-0" 0 -NEW o 60 STORAGE BLDG- -NEW o GRAVEL Project Name and Address -EXISTING DRIVEWAY- -EXISTING BLDG - Project Sheet Date Scale Parcel Webmap r #Mac: L;;J �i E: rri �m ` Subjectproperty �" J � ' ''' �t • -0 b J1 �� �� - �, iiu-uck_f_ 004, 1:1,953 0 0.02 0.04 0.09 mi 0 0.04 0.07 0.15 km City of Chubbuck GIS, City of Chubbuck GIS, Planning and Development Comprehensive Plan City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS f C� >) CL), . r 8/17/2020, 3:31:30 PM Bannock County Parcels Road Centerline Parcel Webmap r #Mac: L;;J �i E: rri �m ` Subjectproperty �" J � ' ''' �t • -0 b J1 �� �� - �, iiu-uck_f_ 004, 1:1,953 0 0.02 0.04 0.09 mi 0 0.04 0.07 0.15 km City of Chubbuck GIS, City of Chubbuck GIS, Planning and Development Comprehensive Plan City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS Parcel Webmap 8/17/2020, 3:38:10 PM 1:1,953 0 0.01 0.03 0.06 mi Bannock County Parcels Zoning _General Commercial (C-2) Road Centerline Limited Residential (R-2) Industrial (I) 0.03 0.05 0.1 km City of Chubbuck GIS, City of Chubbuck GIS Limited Commercial (C-1)_ City of Chubbuck Planning and Development Planned Unit Development (PUD) City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS Exhibit 3b: Standards for Reviewing a Change in Land Use District 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. Summaries of codes, goals, objectives, and policies may not be verbatim. IDAHO CODE §67-6511: ZONING ORDINANCE 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. 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 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 Limited Commercial (C-1) zone is compliant with 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. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The project is surrounded by developed land and can be considered an infill project. POLICY d. Use impact fee reductions, fee waivers, tax credit strategies, etc. to encourage infill and redevelopment PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 COMMENT I The project is located within the 2008 City boundary and eligible for lower sewer connection fees. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The Future Land Use map designates the area as Mixed Use, a category which is supported by future Limited Commercial (C-1) zoning. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT Applicant desires an expansion of their current facilities. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A A 0 Parcel Webmap 8/17/2020, 3:40:48 PM 1:1,953 0 0.01 0.03 0.06 mi Bannock County Parcels Future Land Use Designation Medium Density _ 0 0.03 0.05 0.1 km Employment City of Chubbuck GIS, City of Chubbuck GIS, Planning and Development Road Centerline Mixed Use Comprehensive Plan City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan i City of Chubbuck GIS i City of Chubbuck GIS Exhibit 4b: Comprehensive Plan 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 5.1.8 Use innovative transportation design strategies to promote pedestrian -oriented development and infill POLICY a. Allow access lanes (public or private streets) to provide access for infill properties that are landlocked or have restricted access; access lanes are generally narrower than normal city streets and may provide access for up to 12 dwellings, depending on connectivity COMMENT Private lane will provide access to the parking and facility from existing driveway on Chubbuck Rd. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.5. MANAGE STORMWATER RUN-OFF TO REDUCE SOIL EROSION AND FLOODING OBJECTIVE 7.5.1 Develop and keep up-to-date, a cost-effective and environmentally sensitive stormwater facility master plan POLICY a. Encourage new development to retain stormwater runoff on-site COMMENT Storm water will be required to be kept on site. 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 b. Infill of underutilized property shall be encouraged through the use of innovative approaches for the provision of access and utilities COMMENT Applicant will be providing private utility extensions to new facilities. 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 I Applicant will connect to existing water and sewer main lines * 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 A A 0 Terry Briscoe Terry Briscoe Terry Briscoe 4849 Whitaker Road 4849 Whitaker Rd 4849 Whitaker Rd ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202 Terry Briscoe Verlyn DaBell Verlyn DaBell 4849 Whitaker Rd Chubbuck ID 83202 4895 Whitaker Rd 4895 Whitaker Rd ChubbuckID 83202 ChubbuckID 83202 Verlyn DaBell Verlyn DaBell Arley Lish 4895 Whitaker Rd 4895 Whitaker Rd 4913 Whitaker Rd ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202 Arley Lish Arley Lish Arley Lish 4913 Whitaker Rd 4913 Whitaker Rd 4913 Whitaker Rd ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202 Dee Green Patriot Commercial Prop The Soda Barn Holdings 420 E Chubbuck Rd 146 E Chubbuck Rd 146 E Chubbuck Rd ChubbucklD,83202 ChubbucklD,83202 ChubbucklD,83202 Whitaker Farm Holding 940 Cachina way Pocatello ID 83202 GTP Holdings '146 E Chubbuck Rd ChubbucklD,83202 Wayne Hale 4825 Whitaker Rd ChubbucklD,83202 Highland Storage 370 E Chubbuck Rd ChubbucklD,83202 ZOZ£8'41Nonggng0 OM auojsMopak 0919 NonggnqD do A1!0 ZOZE9'al�onggng0 PH uosuaa9 L6Lb tiaad u1AIV ZOZEB'QlNonggnq0 PJ JOW11LIM 6E9b Wsaod sewer ZOZ£8'alNonggng0 PH M8114M L6Lb gs!aaed tuaN ZOZES'alNonggnq0 PH Nonggng0 3 9176 s5u!PIoH Web ePOS eql Obtuse Property Holdings 476 E Chubbuck Rd ChubbucklD,83202 Kim Erickson 418 E Chubbuck Rd ChubbucklD,83202 Land Investments 4797 Whitaker Rd ChubbucklD,83202 Dykman Realty 446 E Chubbuck Rd ChubbucklD,83202 ZOZES'41Nonggnq0 PH NonggngD 3 917b (11eab uewN to ZOZ£8'41Nonggn40 PH A lePLIM L6Lb s;uawasanul pueJ ZOZE9'01Nonggnq0 PH Monggn40 3 9617 u0sNou3 wiy{ ZOZE8'alNonggnq0 PH Nonggngo 3 9L17 s6u1P10H i}aadoad asn;gO ZOZE8'UINonggng0 PH Nonggng0 3 9176 doad le!0a9ww03 40PIed Kent Parrish 4797 Whitaker Rd ChubbucklD,83202 James Forsyth 4839 Whitaker rd ChubbucklD,83202 Alvin Perry 4797 Branson Rd ChubbucklD,83202 City of Chubbuck 5160 Yellowstone ave ChubbucklD,83202 ZOZE8'01Nonggnq0 PH Nongqnqo 3 OLE 96M1S Puelgb!H ZOZE8 '41 Nonggnia0 PH iaNel!gM 92817 aleH auAeM ZOZE8'41�onggn40 PH NonggnLID 3 9176 s6u!pI0H d16 ZOZE8 (11 01191e00d CeM eu!goe0 0176 Bu!PIoH waed aeNeMM ZOZE8'OlNonggn40 PH Nonggnq0 3 OZb UaaaE) aeu w� -ANN.. -711 NN V7 0%RIM I kM 1 xv 1, & Vis? I owki *11, 11, , SVI61pa ae "Imp. CHUBBUCK 1 0 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 UNFORGETTABLE EVENTS APPLICATION FOR A CONDITIONAL USE PERMIT- STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION MEETING ON OCTOBER 13, 2020 REQUEST: An application for a Conditional Use Permit for a wedding and events center in a Limited Commercial (C-1) on a 1.26 acre portion of approximately 2 acres of land. STAFF FINDINGS SUMMARIZED • This application is looking at the conditionally allowed use of a wedding chapel in a Limited Commercial (C-1) zone: the specifics for meeting city requirements will be administered at Design Review. Requirements handled by Design Review include such things as parking, landscaping, access guidelines, and other regulations. • Wedding Chapels and services are Conditionally Permitted in a Limited Commercial (C- 1) zone. • 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 of municipal code, the Commission shall make a decision to approve with conditions, approve without conditions, deny, or table the decision. FACTS BACKGROUND: Subject property is in the Southeast 1/4 of Section 3, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located at 426 East Chubbuck Rd, Chubbuck, Idaho. 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: B&K Enterprises 446 Hampton Ave Chubbuck,ID 83202 LOCATION: APPLICANT: Unforgettable Events 426 E. Chubbuck Rd. ChubbucklD 83202 Generally located at the 426 East Chubbuck Rd, Chubbuck, Idaho. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential (R-2) with a zone change application "in process" for Limited Commercial (C-1) PROJECT SIZE: Approx. 1.26 acres SURROUNDING LAND USES AND ZONING: VIEWS: Visible from E. Chubbuck Rd TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None, open pasture NORTH: Currently a pasture, with an approved 66 (33 structures) twin home development, Limited Residential (R-2) zone. EAST: Fire station and professional office, Limited Commercial (C-1) zone. SOUTH: Across Chubbuck Rd. Patriot Square businesses zoned General Commercial (C-2). WEST: Residential homes — zoned Limited Residential (R-2) and Storage Units zoned Industrial (1) TRAFFIC COUNTS: The traffic counts available from BTPO: YEAR: 2013 Chubbuck Rd — between Burley and Branson 11,468/day YEAR: 2014 Chubbuck Rd — between Burley and Branson 11,346/day YEAR: 2015 Chubbuck Rd — between Burley and Branson 11,978/day YEAR: 2016 Chubbuck Rd — between Burley and Branson 12,423/day YEAR: 2017 Chubbuck Rd — between Burley and Branson 12,765/day YEAR: 2018 Chubbuck Rd — between Burley and Branson 13,718/day SERVICES: ACCESS STREET: East Chubbuck Rd FIRE PROTECTION: City of Chubbuck SEWAGE DISPOSAL: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck PROCEDURES: 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. 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 2. In accordance with City Code 18.28.20, the application is scheduled to be heard at the October 13, 2020 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: 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: The neighborhood includes residential homes, fire station, business and future twin home development. 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 improved and maintained to enhance the site. 3. 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. 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: 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. The access to the facility will be from E Chubbuck Rd. for planned events. 4. Account shall be taken of noise and traffic conditions in the vicinity of the land for which the permit is sought. Staff Analysis: The trips most likely will be concentrated at times of non -peak traffic such as evenings and weekends. 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, residences, businesses and the approved twin home development. 6. Account shall be taken of the aesthetic qualities of the proposed use and surrounding lands. Staff Analysis: The use and buildings likely should complement the surrounding uses. 7. Account shall be taken of the support or opposition expressed by the persons entitled to receive notice of the conditional use permit application. Staff Analysis: No comments have 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. Staff Analysis: Wedding chapels and storage buildings are conditionally permitted in a Limited Commercial (C-1) zone. 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. The applicant will yet need to complete the platting process as well as Design Review before building. 11. The duration of any development conditionally permitted hereunder may be controlled. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A H 0 Staff Analysis: Staff finds that there would likely 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 does not find that stricter standards would need to be met as it will have landscaping and standard code regulations. 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) 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: 1 . ................ (if found necessary by LUDC). 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 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 3. Maps a. Vicinity/ Site b. Zoning REPORT DATED: October 5, 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 I D A H O im City of Chubbuck Land Use Application GH UBBUCK CONDITIONAL USE PERMIT CHANGE OF LAND USE DISTRICT ❑ VARIANCE ❑ ANNEXATION & ZONING ❑ COMPREHENSIVE PLAN CHANGE ❑ City Official: Date: ❑ / ❑ ❑ ® ❑ ` PP r I 1 For the Land Use Meeting of : / Q \lication Deadline m / LL] I m 2:00 PM 1- Name of Applicant: Phone: Mailing Address: C Ghubboci-_ Email address: 2. Filing fee of $ plus $ for: Total: 5 ❑ ($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. Paid to the City Clerk on: 20 Initials Receipt # 3. Project location: 4 aa(n E -C.h 6bdC*_ ?I R Existing Land Use Describe Proposal: r r The approval of this exception does no 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 t e subject prop as set forth herein. Signa e of Applirc 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 I 1 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 necessaryfor 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 11" reduction of 18" x 24" drawing Scale: Site plan 1:20 minimum FIoor plan 1/4" = F- 0" minimum Revised: 5-9-2019. PBA Conditional Use Permit Questionnaire • • t ■+ �i. tri _b ' aMLS Address: . b+ h State: Zip: + �L CHUBBUCK 1 d H H d Describe how this application will be beneficial to the neighborhood or otherwise foster public health, safety 2. How will this Application produce a positive impact on transportation facilities, public utilities, public parks or the natural environment? 3. What account has been taken of noise and traffic conditions in the vicinity of the land for which the application is sought? 1 Uri 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? 1 of 3 K.,i �d 1 :S .c)11111A 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? 6. What considerations have been given to the aesthetic qualities of the proposed use and surrounding lands" 7. Address how adverse impacts on other developments within the City have been minimized as much as possible. 8. Describe the sequence and timing of the proposed development. 9. How will the development be properly maintained? 2of3 Revised 1-25-2017 PAA Conditional Use Permit Questionnaire 10 Designate the exact location and nature of the development. 11. Which on-site or off-site public services are required for this development? (E.g. - Sanitation, Water, sewer, other.) 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.) 3 of 3 Wviud Ia-2017 PBA General Notes 50'-0" Ilk OPEN PATIO 50'-0° EVENT 0 DINING o SPACE 00 0 N CO 11 91 _ 101-01, 1 M W KIT. UT STOR GR - q FY ST BRIDE OF N 10'-0" H H H _F -NEW PAVEMENT - 10' -0" 0 io LO N No. Revision/Issue Date Firm Name and Address 30'-0" 80'-0" 0 -NEW o 60 STORAGE BLDG- -NEW o GRAVEL Project Name and Address -EXISTING DRIVEWAY- -EXISTING BLDG - Project Sheet Date Scale Parcel Webmap 8/17/2020, 3:40:48 PM 1:1,953 0 0.01 0.03 0.06 mi Bannock County Parcels Future Land Use Designation Medium Density _ 0 0.03 0.05 0.1 km Employment City of Chubbuck GIS, City of Chubbuck GIS, Planning and Development Road Centerline Mixed Use Comprehensive Plan City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan i City of Chubbuck GIS i City of Chubbuck GIS Parcel Webmap r #Mac: L;;J �i E: rri �m ` Subjectproperty �" J � ' ''' �t • -0 b J1 �� �� - �, iiu-uck_f_ 004, 1:1,953 0 0.02 0.04 0.09 mi 0 0.04 0.07 0.15 km City of Chubbuck GIS, City of Chubbuck GIS, Planning and Development Comprehensive Plan City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS f C� >) CL), . r 8/17/2020, 3:31:30 PM Bannock County Parcels Road Centerline Parcel Webmap r #Mac: L;;J �i E: rri �m ` Subjectproperty �" J � ' ''' �t • -0 b J1 �� �� - �, iiu-uck_f_ 004, 1:1,953 0 0.02 0.04 0.09 mi 0 0.04 0.07 0.15 km City of Chubbuck GIS, City of Chubbuck GIS, Planning and Development Comprehensive Plan City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS Parcel Webmap 8/17/2020, 3:42:07 PM 1:1,953 0 0.01 0.03 0.06 mi Bannock County Parcels Road Centerline City of Chubbuck GIS 0.03 0.05 0.1 km City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS Parcel Webmap 8/17/2020, 3:38:10 PM 1:1,953 0 0.01 0.03 0.06 mi Bannock County Parcels Zoning _General Commercial (C-2) Road Centerline Limited Residential (R-2) Industrial (I) 0.03 0.05 0.1 km City of Chubbuck GIS, City of Chubbuck GIS Limited Commercial (C-1)_ City of Chubbuck Planning and Development Planned Unit Development (PUD) City of Chubbuck City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS Terry Briscoe Terry Briscoe Terry Briscoe 4849 Whitaker Road 4849 Whitaker Rd 4849 Whitaker Rd ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202 Terry Briscoe Verlyn DaBell Verlyn DaBell 4849 Whitaker Rd Chubbuck ID 83202 4895 Whitaker Rd 4895 Whitaker Rd ChubbuckID 83202 ChubbuckID 83202 Verlyn DaBell Verlyn DaBell Arley Lish 4895 Whitaker Rd 4895 Whitaker Rd 4913 Whitaker Rd ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202 Arley Lish Arley Lish Arley Lish 4913 Whitaker Rd 4913 Whitaker Rd 4913 Whitaker Rd ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202 Dee Green Patriot Commercial Prop The Soda Barn Holdings 420 E Chubbuck Rd 146 E Chubbuck Rd 146 E Chubbuck Rd ChubbucklD,83202 ChubbucklD,83202 ChubbucklD,83202 Whitaker Farm Holding 940 Cachina way Pocatello ID 83202 GTP Holdings '146 E Chubbuck Rd ChubbucklD,83202 Wayne Hale 4825 Whitaker Rd ChubbucklD,83202 Highland Storage 370 E Chubbuck Rd ChubbucklD,83202 ZOZ£8'41Nonggng0 OM auojsMopak 0919 NonggnqD do A1!0 ZOZE9'al�onggng0 PH uosuaa9 L6Lb tiaad u1AIV ZOZEB'QlNonggnq0 PJ JOW11LIM 6E9b Wsaod sewer ZOZ£8'alNonggng0 PH M8114M L6Lb gs!aaed tuaN ZOZES'alNonggnq0 PH Nonggng0 3 9176 s5u!PIoH Web ePOS eql Obtuse Property Holdings 476 E Chubbuck Rd ChubbucklD,83202 Kim Erickson 418 E Chubbuck Rd ChubbucklD,83202 Land Investments 4797 Whitaker Rd ChubbucklD,83202 Dykman Realty 446 E Chubbuck Rd ChubbucklD,83202 ZOZES'41Nonggnq0 PH NonggngD 3 917b (11eab uewN to ZOZ£8'41Nonggn40 PH A lePLIM L6Lb s;uawasanul pueJ ZOZE9'01Nonggnq0 PH Monggn40 3 9617 u0sNou3 wiy{ ZOZE8'alNonggnq0 PH Nonggngo 3 9L17 s6u1P10H i}aadoad asn;gO ZOZE8'UINonggng0 PH Nonggng0 3 9176 doad le!0a9ww03 40PIed Kent Parrish 4797 Whitaker Rd ChubbucklD,83202 James Forsyth 4839 Whitaker rd ChubbucklD,83202 Alvin Perry 4797 Branson Rd ChubbucklD,83202 City of Chubbuck 5160 Yellowstone ave ChubbucklD,83202 ZOZE8'01Nonggnq0 PH Nongqnqo 3 OLE 96M1S Puelgb!H ZOZE8 '41 Nonggnia0 PH iaNel!gM 92817 aleH auAeM ZOZE8'41�onggn40 PH NonggnLID 3 9176 s6u!pI0H d16 ZOZE8 (11 01191e00d CeM eu!goe0 0176 Bu!PIoH waed aeNeMM ZOZE8'OlNonggn40 PH Nonggnq0 3 OZb UaaaE) aeu w� -ANN.. -711 NN V7 0%RIM I kM 1 xv 1, & Vis? 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CITY OF CHUBBUCK BY THE LAND USE AND DEVELOPMENT COMMISSION A RESOLUTION OF THE LAND USE AND DEVELOPMENT COMMISSION FOR THE CITY OF CHUBBUCK, IDAHO, VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE NORTHSIDE CROSSING URBAN RENEWAL PROJECT WITH THE CITY'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the city of Chubbuck (the "City"), Idaho, also known as Chubbuck Development Authority (hereinafter "Agency"), the duly constituted and authorized urban renewal agency of the City, has submitted the proposed Urban Renewal Plan for the Northside Crossing Urban Renewal Project (the "Northside Crossing Plan") to the City; and WHEREAS, the Mayor and Chubbuck City Council referred the Northside Crossing Plan to the City Land Use and Development Commission for review and recommendations concerning the conformity of said Northside Crossing Plan with the City's Comprehensive Plan, Our Valley, Our Vision, as amended (the "Comprehensive Plan"); and WHEREAS, on October 13, 2020, the City Land Use and Development Commission met to consider whether the Northside Crossing Plan conforms with the Comprehensive Plan as required by Idaho Code § 50-2008(b); and WHEREAS, the City Land Use and Development Commission has reviewed said Northside Crossing Plan in view of the Comprehensive Plan; and WHEREAS, the City Land Use and Development Commission has determined that the Northside Crossing Plan is in all respects in conformity with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE LAND USE AND DEVELOPMENT COMMISSION FOR THE CITY OF CHUBBUCK, IDAHO: Section 1. That the Northside Crossing Plan, submitted by the Agency and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the Comprehensive Plan. Section 2. That Exhibit A, outlining the findings supporting the determination that the Northside Crossing Plan is in conformity with the City's Comprehensive Plan, is hereby adopted and incorporated as part of this Resolution. Section 3. That the Chair of the City Land Use and Development Commission is hereby authorized and directed to provide the Mayor and Chubbuck City Council with a signed copy of this Resolution relating to said Northside Crossing Plan. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Land Use and Development Commission of the city of Chubbuck, Idaho, this 13th day of October 2020. APPROVED: ATTEST: Chair, Land Use and Development Commission City Clerk 4824-4869-0890, v. 1 CHUBBUCI( The urban renewal agency for the City of Chubbuck, Idaho Memo City of Chubbuck 5160 Yellowstone Avenue PO Box 5604 Chubbuck, ID 83202.0006 208.237.2400 To: Chubbuck Development Authority From: Devin Hillam, CDA Executive Director; Community Planning & Economic Development Director �— Date: October 1, 2020 Re: Adoption of Resolution 2020-01 Northside Crossing Urban Renewal Plan. Urban Renewal Plan for the Northside Crossing Urban Renewal Project (the "Plan"), adopted by the Chubbuck Development Authority on September 15, 2020, pursuant to Agency Resolution 2020- 06, will be presented to the Commission for review and determination as to its conformity with the City of Chubbuck Comprehensive Plan. Summary of Request In compliance with Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended, the Urban Renewal Plan for the Northside Crossing Urban Renewal Project (the "Plan") adopted by the Chubbuck Development Authority on September 15, 2020, pursuant to Agency Resolution 2020-06, has been forwarded by the Mayor to the Land Use & Development Commission concerning its conformity with the City of Chubbuck Comprehensive Plan. Idaho Code 50-2008(b) states that prior to the approval of an urban renewal project, plans shall be submitted to the planning commission for review and recommendation as to its conformity with the general plan (e.g. Comprehensive Plan) for the development of the municipality as a whole. The Commission's role in this phase is different from some of its typical roles with reviews; this review is not a public hearing and the Commission is asked to only make a findings as to the Plan's conformity with the comprehensive plan. Following the Commission's recommendation, a public hearing will be held with the City Council on November 4, 2020 at 6 PM. Exhibit A pg. 1 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx As the Commission presumably already knows, the Plan area consists of approximately 229.89 acres north of New Day Parkway and south of Tyhee Road, east of the Union Pacific railroad tracks and west of Tyhee Road. The entire area has been annexed into Chubbuck city limits and is zoned a mixed uses under the Creative Community -Northside Crossing district and the Limited Commercial district designations. Plans for the development include a mix of uses including general commercial, office professions, medical, light industrial, and a range of housing types and densities, including both single-family and multi -family residential under a variety of lot and ownership or rental configurations. The Plan area will contain numerous desirable amenities and features, such a parks and open space, and a special attention to community and building form and design above that which has been typically constructed in Chubbuck. Staff Analysis The recommendation of the Chubbuck Development Authority, as contained in the attached materials, is consistent with the goals of the City's Comprehensive Plan and meets the standards of the applicable Idaho Code sections referenced above. The urban renewal plan directs the use of revenue allocation financing to accomplish the following: a. The installation and construction of public improvements, including new collector and arterial streets; improvements to existing roadways and intersections; the installation of new intersections, including the installation of traffic signals; installation of curbs, gutters and streetscapes, which for purposes of this Plan, the term "streetscapes" includes sidewalks, lighting, landscaping, benches, bike racks, wayfinding, public art and similar amenities between the curb and right of way line; installation and/or improvements to fiber optic facilities; improvements to public utilities including water and sewer improvements, and fire protection systems; removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; improvements for parks, open space, and trail networks; and improvement of storm drainage facilities; b. The planning, design and construction of proposed improvements to Hiline Road, the reconfiguration of Tyhee Road and the new intersection between Tyhee Road and Hiline Road and modifications to existing Tyhee Road once realigned, and improvements to the intersection with Siphon Road, Whitaker Road, Aurora Boulevard (now Northside Crossing), Morning Dew, Dawn Daylight, and yet to be named roads as shown in Attachment 5 to the Plan. The planning, design and construction of a new intersection, and improvements to other existing roadways and intersections within the Project Area; The replanning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; Exhibit A pg. 1 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx The strengthening of the economic base of the Project Area and the community by the installation of needed public improvements to stimulate new private development providing employment, economic growth, and a more economically sustainable and efficient commercial and residential land development pattern than traditionally seen in the City to the long-term benefit of the broader public's tax levy and utility rates; e. The provision of adequate land for open space, street rights-of-way and pedestrian rights-of-way, including pathways which will be dedicated to the public; The reconstruction and improvement of street corridors to allow traffic flows to move through the Project Area along with the accompanying utility connections, through the Project Area; The provision of public service utilities, which may be sited outside of the Project Area, but are necessary to the development of the Project Area, such as water system improvements, sewer system improvements and improvements to storm drainage facilities; In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; and j. The funding of necessary public infrastructure to accommodate both public and private development. More specifically, the Goals, Objectives, and Policies of the Comprehensive Plan will be met by the activities undertaken within the proposed Urban Renewal Area: LAND USE CHAPTER GOAL OBJECTIVE POLICY LU 1: Direct urban growth 1.1 Strongly protect prime c. To discourage sprawl and promote compact to urban infill areas agricultural land from development patterns, all new development projects development sprawl shall be located within City limits and the USB. All new development shall be provided with adequate public facilities and services, including water, sewer, roads, arks, schools, police, and fire protection. Exhibit A pg. 3 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx LU 2: Improve residential 2.1: Improve the b. Maintain a high standard of property maintenance neighborhoods and ensure appearance of residential their orderly and areas financially sound 2.2: Balance the provision a. Plan for future rights-of-way, map them, and secure development of access to residential them through development exactions and other areas with maintenance of means that may be available. privacy in residential areas 2.3: Raise pride of place a. Develop a meaningful park and trail system plan through provision of amenities 2.4: Create safe, a. Use the neighborhood design principles outlined in interesting, and walkable Chapter 6, Objective 3.2, Policy a to guide the neighborhoods development of neighborhood refinement plans LU 3: Provide convenient 3.1: Adopt appropriate a. Adopt appropriate Neighborhood Commercial commercial service commercial zoning to zoning to allow small-scale commercial development locations and limit their allow for a variety of at neighborhood centers that serves the daily needs of adverse impacts on commercial goods and neighborhood residents transportation systems, services at community c. Improve access to commercial development along residents, and visual centers, which should be Yellowstone Avenue. integrity. located within walking distance of residents of one or more neighborhoods LU 4: Expand light 4.1: Zone appropriate a. Locate industrial zones in areas that are manufacturing and areas for industrial and environmentally suitable industry location warehousing use b. Locate industrial zones in proximity to necessary rail opportunities and require and highway access the environmental sensitivity of these firms 4.2: Encourage c. Provide for adequate wholesale and warehousing cooperation between local support for these industries. industry, Idaho Division of Environmental Quality, Chubbuck policy makers, and code enforcement officials Land Use 5: Encourage 5.1 Encourage a transition a. Adhere to land use designations on the compatible land uses of land use from low- Comprehensive Plan Map. intensity land uses to b. Use a combination of zoning, performance higher intensity land uses. requirements, site planning, and transportation routes Purposefully arranged to create the highest level of compatibility between land use transitions avoid adjacent uses while retaining a complementary mix of conflicting uses while possible uses within neighborhoods and communities. keeping distances between c. Make use of planned unit developments (PUD) to uses short enough to accommodate development on tracts with difficult facilitate communications, shape or location. transportation, and e. ensure an adequate supply of commercial land human activity between sensitive to market needs them. 5.2 Encourage a mix of a. Use design standards to encourage compatibility of compatible land uses in mixed use development with surrounding areas. Exhibit A pg. 4 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx Exhibit A pg. 5 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx new neighborhoods and in b. Locate mixed-use areas along Yellowstone Avenue redevelopment areas. and in new neighborhood centers. TRANSPORTATION CHAPTER GOAL OBJECTIVE POLICY T 1: Provide for safe and 1.1: Increase the efficiency free-flowing traffic for all of functional class roads 1.2 Expand the network of a. Define routes for new or functional class roads with modes of transportation functional class roads in requirements for development during subdivision. general accordance with the functional class roads map 1.3: Discourage through traffic and high speeds in residential areas 1.4 Encourage higher a. Implement a policy of phasing public service densities and site designs extensions over time in coordination with Bannock that support transit County to protect prime agricultural land and increase development densities to a level that will support transit service. 1.5 Encourage bicycle and a. Continue to implement standards for sidewalks to pedestrian systems that be constructed at the time of subdivision support transit and development. provide an alternative b. Work with Pocatello Regional Transit to develop means of travel. transit stops with bicycle racks, signs, benches, and shelters. 1.6 Use innovative b. Prioritize future road building projects in financing strategies to conjunction with future growth areas as identified in fund transportation the Our Valley, Our Vision project. improvements c. Utilize new neighborhood refinement plans to ensure a connected street network d. Develop policy for cost sharing for new roads between present and future development. 1.7 Provide a connected a. Design new streets to connect with other streets, network of pedestrian- except where topography or existing development friendly streets and prevents a connection pathways b. Require street network plans as part of a neighborhood plan c. Minimize block -length standards to encourage interconnected streets d. Provide mid -block pedestrian pathways where long blocks are necessary e. Include sidewalks that connect buildings to the public right-of-way for new commercial, institutional, and residential development f. Provide pedestrian and vehicular connections between adjoining developments for new commercial, industrial, and institutional development, where possible. g. Provide sidewalks on both sides of all public streets Exhibit A pg. 5 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx Exhibit A pg. 6 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx h. Design local streets serving residential areas as "skinny" streets to slow traffic and accommodate pedestrians and bicycles, as well as vehicles. COMMUNITY DESIGN CHAPTER GOAL OBJECTIVE POLICY CD 1: Invest in the 1.1: Improve compliance a. Adopt a revised Development Code implementing improved appearance of with codes on property "smart" development concepts outlined in the Our our city and stimulate appearance Valley Our Vision project improvements by the b. Define and adopt neighborhood refinement plans 1.2: Contribute to the a. Establish park standards and guidelines to enable public sector appearance of development of attractive, functional, low neighborhoods and maintenance parks that generally serve as the focal communities through points for neighborhoods and communities placement and design of public parks CD 2: Encourage new 2.1: Use design guidelines, a. Bulk and height of the new residential infill and development that is standards, and incentives redevelopment projects shall be similar in scale to compatible with existing to ensure that new infill surrounding residential development buildings and and redevelopment are c. Encourage the development of well -landscaped neighborhoods, and compatible with parking lots and buffer strips on major corridors promote and preserve the established development d. Encourage the development of plazas and quality of residential courtyards by commercial development that neighborhoods encourage public gathering, particularly in the neighborhood and community centers. 2.2: Encourage infill and a. New infill and redevelopment housing shall be redevelopment to be designed so that, - hat;pedestrian-oriented pedestrian -oriented b. Garages and carports are set back further from the street than the front of the dwelling, and c. Usable front porches or balconies are provided and are oriented to the street. e. Coordinate parking space standards and parking lot designs with pedestrian, bicycle and transits stems. CD 3: In new 3.2: Use neighborhood a. New neighborhoods shall be designed to meet the neighborhoods, provide a design principles for new following design principles: better mix of residential development within i. Connect streets with other streets to provide a and commercial land uses Neighborhood Plan network. and a more walkable Districts, as defined on the ii. Use distinct edges or boundaries to define the community Growth Management Plan neighborhood. Map iii. Include sidewalks that are safe, convenient, and interesting. iv. Incorporate parks and institutions into neighborhoods v. Provide a mix of housing choices and types. vi. Design neighborhoods to accommodate bus transit vii. Require buildings, whether residential, commercial, industrial, or institutional, to be compatible in terms of scale and design. b. Assure that future development results in the establishment of recognizable neighborhoods, communities, and districts. Exhibit A pg. 6 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx Exhibit A pg. 7 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx GOVERNMENT SERVICES CHAPTER GOAL OBJECTIVE POLICY GS 3: Support the 3.2: Coordinate private a. Establish development standards for commercial coordination of effective and public development and residential developments that assure effective and and efficient provision of with private utility efficient public maintenance, if events require, such private utilities to current provision standards may dictate construction materials, right -of - and future City residents way and easement widths, and other matters. GS 4: Manage the 4.1: Provide adequate b. Monitor population and growth patterns and municipal solid waste services projects in planning for new facilities and resources stream in an efficient and sanitary manner GS 5: Manage stormwater 5.1: Develop a cost- a. Encourage new development to retain storm water run-off to reduce soil effective and runoff on-site. erosion and flooding environmentally sensitive b. Limit the amount of impervious surfaces allowed in storm water facility master new development plan c. Encourage residents and businesses to manage storm water on-site d. Limit development on steep slopes GS 7: Identify financial 7.1: Manage the cost of a. Encourage compact development in order to reduce strategies to deliver providing public services in the cost of providing public services. community services and to the community c. Develop techniques that share the costs of develop public buildings infrastructure improvements for new development. and utility systems 7.2: Approve plans to b. Use neighborhood plans; identify the locations of develop adequate public proposed land uses, arterial and collector streets, facilities to serve existing parks and public lands, and major public facilities. development and future growth RECREATION CHAPTER GOAL OBJECTIVE POLICY R 1: Broaden recreational 1.1: Maintain existing and c. Develop and maintain access to the public lands opportunities future parks surrounding the city d. Landscape public spaces in a manner that improves community image where possible. 1.2: Create new parks and a. Educate developers about the park system plan, the recreational facilities to benefits of parks and trails, and the role they are serve both new expected to play in their developments including park development in existing land reservations and fees -in -lieu thereof. communities and new c. Encourage the creation of neighborhood parks in communities conjunction with large-scale residential development and as part of the neighborhood refinement process. R 3: Create a Park and 3.1: Develop a park master c. Establish multi -use paths, bike routes, and bike Recreation System Master plan that locates path lanes to connect existing and future parks with Plan that would include systems, park locations, schools, residential and commercial areas, and transit standards for the bicycle routes, and other stops. following: facilities. 3.2 Develop park and b. Develop parks to be versatile and flexible to recreational facilities to accommodate diverse and changing user groups over meet minimum time. Exhibit A pg. 7 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx Exhibit A pg. 8 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx requirements and design standards NATURAL RESOURCES CHAPTER GOAL OBJECTIVE POLICY NR 2: Protect groundwater 2.2: Conserve water a. Educate the public about water conservation and surface water from measures including xeriscaping, the use of drought pollution tolerant landscaping. NR 3: Protect air from 3.1: Help citizens reduce a. Require new streets to connect with other streets pollution their reliance on b. Require the consideration of transit access in automobile and the subdivision review number of daily vehicle c. Require the inclusion of bicycle and pedestrian miles traveled systems during subdivision review and development to support alternate modes of transportation. d. Provide a mix of land uses, a more connected street network, and alternative modes of transportation, including buses and shuttles. NR 4: Minimize the impact 4.1: Protect and enhance a. Identify and protect significant water resource of new development on designated significant features natural features streams, riparian areas, and wetlands and associated buffers within the city limits 4.2: Protect and maintain a. Identify and protect sensitive lands within the City critical wildlife habitat, b. Maintain riparian vegetation along streams, significant natural wetlands, and water bodies to benefit wildlife features, and other sensitive lands within the City NR 5: Preserve farmland 5.1: Preserve prime e. Judiciously use zoning to protect agricultural and within the region farmland for productive mineral resource lands agricultural use for as long as practical HOUSING CHAPTER GOAL OBJECTIVE POLICY H 1: Respond to housing 1.1: Ensure an adequate a. Plan for a variety of housing types needs supply of land for residential development 1.2: Protect residential a. Use a combination of zoning, development property values 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 which retaining a synergistic mix of uses within neighborhoods and communities. b. Diligently enforce city codes and ordinance on junk, property maintenance, and other nuisance situations c. Create and enforce development standards that increase the requirements for services and amenities as project density increases. Exhibit A pg. 8 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx Findings & Recommendation Staff finds that the Urban Renewal Plan for the Northside Crossing Urban Renewal Project and the activities proposed therein are in conformity with the City's Comprehensive Plan. We recommend that the Commission make the same finding and authorizing the Chair to sign a resolution affirming this decision. Exhibit A pg. 9 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx 1.3: Encourage the a. At the discretion of the council, make available a development of affordable limited amount of Chubbuck Development Authoriity housing funds to assist only with the development of infrastructure for low and moderate income housing. H 3: Encourage more 3.2: Encourage more dense a. Single-family attached: Structures such as dense residential residential developments, townhouses or rowhouses. Generally acceptable development patterns generally meeting the anywhere a single family residential unit is permitted. within the City following criteria, in all b. Two-family dwellings: Generally acceptable areas of the city anywhere a single family residential unit is permitted. Encourage designs that appear to be a single unit. c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers. Encourage larger apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks. ECONOMIC DEVELOPMENT CHAPTER GOAL OBJECTIVE POLICY ED 1: Diversity and 1.1: Recruit retail, service d. Identify areas requiring infrastructure improvements strengthen the economic and industrial businesses to stimulate economic development. base 1.3: Plan land areas for diverse uses ED 2. Centralize 2.2: Identify future a. Allow future commercial growth to occur within new commercial activities potential commercial neighborhoods in a manner that is consistent with areas in future growth and community design principles defined in Chapter 6 development Community Design. SCHOOL LOCATION AND TRANSPORTATION CHAPTER GOAL OBJECTIVE POLICY SL 1: Deliver our children 1.1: Improve the safety of safely to school Chubbuck's streets 1.2: Create opportunities a. Establish a system of paths, sidewalks, bike lanes for children to walk safely and routes that permit safe access to city schools. to school b. Consider pedestrian access to nearest school during site plan review. c. Require sidewalks on both sides of public streets. Findings & Recommendation Staff finds that the Urban Renewal Plan for the Northside Crossing Urban Renewal Project and the activities proposed therein are in conformity with the City's Comprehensive Plan. We recommend that the Commission make the same finding and authorizing the Chair to sign a resolution affirming this decision. Exhibit A pg. 9 C:\Users\hilla\Desktop\Work\CDA\Northside Crossing\to LUDC 10.13.20\CDA to LUDC_Memo for NSX URA recommendation 10.13.20.docx Supplemental Information for Northside Crossing Urban Renewal Plan on ensuing EM I[II 1 II 11 EVELOPMEAT AUTHURIi October 1, 2020 Mayor Kevin England CITY OF CHUBBUCK 5160 Yellowstone Avenue Chubbuck, Idaho 83202 RL: Urban Renewal Plan for the Northside Crossing Urban Renewal Project Dear Mayor England: In compliance with the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), I am pleased to provide you with a copy of the Urban Renewal Plan for the Northside Crossing Urban Renewal Project (the "Plan") adopted by the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as Chubbuck Development Authority on September 15, 2020, pursuant to Agency Resolution No. 2020-06, a copy of which is also enclosed. Public Hearing and Ordinance Readin s Under the provisions of the Law and the Act, a public hearing must be held by the City Council prior to final reading of the Ordinance adopting the Plan. I am herewith requesting that you schedule the readings and the public hearing before the City Council in conformance with the City's Ordinance approval process. I understand the tentative schedule to be as follows: the public hearing will be scheduled for Wednesday, November 4, 2020, at 6:00 p.m. in the City Council Chambers at City Hall, which will coincide with all three readings of the Ordinance. Publication of Public Hearing Notice and Transmittal to Affected Taxing Entities I have also requested that the City Clerk publish notice of the public hearing and transmit the notice, the proposed Plan and the Agency resolution recommending adoption of the Plan to the governing bodies of each taxing district affected by the revenue allocation financing provisions contained in the Plan no later than Friday, October 2, 2020. These taxing entities will have to receive the referenced information no later than at least 30 days prior to the proposed hearing date but not more than 60 days prior to the date set for the final reading of the Ordinance as required by the statute, and publication of the notice in the Idaho State Journal no later than at least 30 days prior to the public hearing date but not more than 60 days prior to the date set for the final reading of the Ordinance. With the public hearing and all three readings scheduled for November 4, 2020, the first publication of the notice and receipt of the information by the taxing entities by October 2, 2020, should comply with the statutory requirements. A second publication date on friday, October 16, 2020, should also be arranged. Land Use and Development Conunission Finding of Conformity The Plan must also be reviewed by the Land Use and Development Commission within this same time frame. The Commission will need to make a finding that the Plan is in conformity with the City of Chubbuck Comprehensive Plan, Our Valley, Oar Vision, as amended and adopted by the City Council. I understand the Commission has scheduled a meeting for Tuesday, October 13, 2020, to consider the Plan. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, CHUBB14CK DEVELOPMENT AUTHORITY Chair Ryan P. Armbruster / Meghan S. Conrad Thomas Ilolmes, Chubbuck City Attorney 4841-3506-2474, v, 1 RESOLUTION NO. 2020-06 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT AUTHORITY: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS CHUBBUCK DEVELOPMENT AUTHORITY, RECOMMENDING AND ADOPTING THE URBAN RENEWAL PLAN FOR THE NORTHSIDE CROSSING URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING AND DIRECTING THE CHAIR, VICE -CHAIR, OR ADMINISTRATOR OF THE AGENCY TO TAKE APPROPRIATE ACTION; AUTHORIZING AND DIRECTING THE ADMINISTRATOR AND SECRETARY OF THE AGENCY TO MAKE CERTAIN TECHNICAL CHANGES; PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority, an independent public body corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act"), a duly created and functioning urban renewal agency for Chubbuck, Idaho, hereinafter referred to as the "Agency." WHEREAS, by Resolution No. 4-92, dated April 11, 1992, the City Council (the "City Council") of the City of Chubbuck, Idaho (the "City") created an urban renewal agency, pursuant to the Law; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance RESOLUTION NO. 2020-06 - 1 No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as "Bannock County") entered into the Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the TGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain withal the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels from the 1992 Project Area commonly referred to as the "OId CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mall Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 759 on August 3, 2016, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the above referenced 1992 Plan and the Pine Ridge Mall Plan, and their project areas are collectively referred to as the Existing Project Areas; WHEREAS, pursuant to Idaho Code § 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area, or a combination thereof, and designated such area as appropriate for an urban renewal project; RESOLUTION NO. 2020-06 - 2 WHEREAS, Idaho Code § 50-2906 also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or a deteriorating area, or a combination thereof; WHEREAS, the Agency Board retained J Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 650 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the "Study Area") to analyze and determine whether the Study Area is eligible for urban renewal planning, and provide the Agency Board with a report and recommendation; WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon hrterchange West Urban Renewal Area, dated October 2018 (the "2018 Study"), which examined the Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency Board on November 20, 2018, adopted Resolution No. 2018-03, accepting the 2018 Study and authorizing the Agency Chair to submit the Resolution and 2018 Study to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan for the Study Area, which plan may include a revenue allocation financing provision as allowed by the Act; WHEREAS, the City Council on or about December 5, 2018, adopted and approved Resolution No. 2018-12 finding the Study Area described in the 2018 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, that such area is appropriate for an urban renewal project, and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, after adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area was eligible for urban renewal planning purposes; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional area; WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019 (the "2019 Study"), which examined two additional open land parcels totaling approximately 75 acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road and west of Interstate 15 (the "Supplemental Study Area"), for the purpose of determining RESOLUTION NO. 2020-06 - 3 whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2019 Study was submitted to the Agency and the Agency Board on August 20, 2019, adopted Resolution No. 2019-03, accepting the 2019 Study and authorizing the Agency Chair to submit the Resolution and 2019 Study to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan for the Supplemental Study Area, which pian may include a revenue allocation financing provision as allowed by the Act; WHEREAS, the City Council on or about October 16, 2019, adopted and approved Resolution No. 2019-08 finding the Study Area described in the 2019 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, that such area is appropriate for an urban renewal project, and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, after adoption of Resolution No. 2019-08 by the City Council, a property owner requested that additional property adjacent and contiguous to the Study Area and the Supplemental Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area was eligible for urban renewal planning purposes; WHEREAS, in February 2020, the Agency retained Outwest Policy Advisors and authorized Brent Tolman to commence an eligibility study and preparation of an eligibility report (the "2020 Study") of an area approximately 87 acres in size generally located at the southeast intersection of Tyhec Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls. The property is bordered by the UPRR Mainline on the west, Tyhee Road on the north, bordered on the east by a line of longitude at approximately 112°.27'.23.00" W and bordered on the south by a line of latitude at approximately 42°.56'.25.00" N. (the "2020 Supplemental Study Area") for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Agency obtained an eligibility report entitled Siphon Interchange West Supplement Urban Renewal Eligibility Report, dated March 2020 (the "2020 Study"), which examined the 2020 Supplemental Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2020 Study was submitted to the Agency and the Agency Board on May 19, 2020, adopted Resolution No. 2020-02, accepting the 2020 Study and authorizing the Agency Chair to submit the Resolution and 2020 Study to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan for the 2020 Supplemental Study Area, which plan may include a revenue allocation financing provision as allowed by the Act; RESOLUTION NO. 2020-06 - 4 WHEREAS, the City Council on or about .lune 3, 2020, adopted and approved Resolution No. 2020-01 finding the 2020 Supplemental Study Area described in the 2020 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, that such area is appropriate for an urban renewal project, and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the Study Area, as supplemented by the area studied in the 2019 Study and the 2020 Study constitutes the "Study Area;" WHEREAS, pursuant to Idaho Code §§ 50-2018(9) and 50-2903(8), which define a deteriorating area and a deteriorated area, many of the conditions necessary to be present in such an area are found in the Study Area, including but not limited to: a. obsolete platting; b. faulty lot Iayout in relation to size, adequacy, accessibility, or usefulness; C. predominance of defective or inadequate street layout; d. outmoded street patterns; C. need for correlation of the area with other areas of the municipality by streets or modern traffic requirements; f. insanitary or unsafe conditions.- 9. onditions;g. deterioration of site and other improvements; and h. existence of conditions which endanger life or property by fire and other causes; WHEREAS, the Study Area includes a substantial amount of open land or open area; WHEREAS, under the Act, a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. See, Idaho Code § 50- 2903(8)(c); WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open land areas, including open land areas to be potentially acquired by the Agency, which are the same or similar to the conditions set forth in the definitions of "deteriorating area" and "deteriorated area;" WHEREAS, the 2018 Study, the 2019 Study and the 2020 Study address the necessary findings concerning including open land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(4); WHEREAS, the effects of the listed conditions cited in the 2018 Study, the 2019 Study and the 2020 Study result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; RESOLUTION NO, 2020-06 - 5 WHEREAS, under the Law and Act, Idaho Code Sections 50-2018(9) and 50-2903(8)(f), the definition of a deteriorated area and a deteriorating area shall not apply to any agricultural operation, as defined in Idaho Code Section 22-4502(2), absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Study Area includes parcels subject to such consent; WHEREAS, based on ongoing discussions and planning efforts since 2018, it was determined the proposed project areas would be smaller than the Study Area, and include at least two proposed project areas: Harvest Springs and Northside Crossing; WHEREAS, the Agency has embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the Northside Crossing Urban Renewal Project ("Northside Crossing Plan") to develop and/or redevelop a portion of the City, pursuant to the Law and the Act, as amended; WHEREAS, the Northside Crossing Plan proposes to create an urban renewal area cornmonly known as the Northside Crossing Project Area, which area is shown on the Boundary Map of the Urban Renewal Project Area and Revenue Allocation Area and is described in the Legal Description of the Urban Renewal Project Area and Revenue Allocation Area, which are attached to the Northside Crossing Plan as Attachments 1 and 2 respectively; WHEREAS, the area included in the Northside Crossing Project Area includes approximately 230 acres, which is smaller than the area assessed in the Study Area, and includes parcels studied in the 2018 Study, the 2019 Study, and the 2020 Shady; WHEREAS, in order to implement the provisions of the Act and the Law either the Agency may prepare a plan, or any person, public or private, may submit such plan to the Agency; WHEREAS, the Agency has prepared the proposed Northside Crossing Plan for the area previously designated as eligible for urban renewal planning; WHEREAS, the Act authorizes the Agency to adopt revenue allocation financing provisions as part of an urban renewal plan; WHEREAS, the Northside Crossing Plan also contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, in order to implement the provisions of the Law and the Act, the Agency shall prepare and adopt the Northside Crossing Plan and submit the Northside Crossing Plan and recommendation for approval thereof to the City; RESOLUTION NO. 2020-06 - 6 WHEREAS, the Agency Board, at several Agency Board meetings in 2019 and 2020, has considered public improvements related to the Northside Crossing Project Area; WHEREAS, as required by the Law and the Act, the Agency has reviewed the information within the Northside Crossing Plan concerning the use of revenue allocation funds and approved such information and considered the Northside Crossing Plan at several Agency Board meetings in 2020, including at its meeting on September 15, 2020; WHEREAS, the Northside Crossing Plan will be tendered to the Planning and Zoning Commission and to the City for their consideration and review as required by the Law and the Act; WHEREAS, under the Act, the Northside Crossing Plan shall include with specificity the following: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) a statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; and (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a tennination date for the plan and the revenue allocation area as provided for in Idaho Code § 50-2903(20); and (S) a description of the disposition or retention of any assets of the agency upon the termination date; WHEREAS, it is necessary and in the best interests of the citizens of the City to recommend approval of the Northside Crossing Plan and to adopt, as part of the Northside Crossing Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Northside Crossing Plan in order to (1) encourage private development in the urban renewal area; (2) to prevent and arrest decay of the Northside Crossing Project Area due to the inability of existing financing methods to provide needed public improvements; (3) to encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Northside Crossing Project Area in order to facilitate the long- term growth of their common tax base; (4) to encourage the long-term growth of their common tax base; (5) to encourage private investment within the City and (6) to further the public purposes of the Agency; WHEREAS, the Agency Board finds that the equalized assessed valuation of the taxable property in the revenue allocation area described in Attachments 1 and 2 of the Northside Crossing Plan is likely to increase as a result of initiation of urban renewal projects in accordance with the Northside Crossing Plan; WHEREAS, under the Law and Act, any such plan should provide for (1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to RESOLUTION NO. 2020-06 - 7 such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality, or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governinental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, the base assessment roll of the proposed Northside Crossing Project Area, and the proposed Harvest Springs Project Area, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent (10%) of the current assessed values of all the taxable property in the City; WHEREAS, Agency staff and consultants recommend the Agency Board accept the Northside Crossing Plan and forward it to the City Council; WHEREAS, the Agency Board finds it in the best interests of the Agency and the public to forinally adopt the Northside Crossing Plan, as set forth in Exhibit 1 attached hereto, and to forward it to the Mayor and City Council, and recommend its adoption, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, AWA CHUBBUCK DEVELOPMENT AUTHORITY, AS FOLLOWS: Section 1. That the above statements are true and correct. RESOLUTION NO. 2020-06 - 8 Section 2. It is hereby found and determined that the Northside Crossing Project Area as defined in the Northside Crossing Plan is a deteriorated area, a deteriorating area, or a combination thereof, as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law. Section 3. That the Agency specifically adopts the Northside Crossing Plan along with any changes discussed at the September 15, 2020, Agency Board meeting, including but not limited to finalization of Attachments to the Plan, confirmation of levy rates, confirmation of the affected taxing districts, updated list of projects, estimated location or siting of improvements, updated map or legal description and any modifications to the economic feasibility study previously prepared by the Agency Consultant, Brent Tolman of Outwest Policy Advisors. Section 4. That the Agency recommends that the Northside Crossing Plan, a copy of which is attached hereto as Exhibit 1, and incorporated herein by reference, be adopted by the City Council, including those sections, modifications, or text, or replacement of Attachinents as discussed at the September 15, 2020, Agency Board meeting. Section 5. That the required agricultural operation consents have been obtained by the Agency. Section 6. That Agency staff, prior to transmittal of the Northside Crossing Plan to the City will include final Attachments to the Plan, including but not limited to the boundary map, legal description, properties which maybe acquired by the Agency, the map depicting expected land uses and the current zoning map of the project area, the economic feasibility study, with all the attachments, the map showing the proposed location of public improvements in the project area and the agricultural operations consents. Section 7. That this Resolution constitutes the necessary action of the Agency under the Act, Idaho Code § 50-2905, recommending approval by the City and that the Northside Crossing Plan includes with specificity the following: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) a statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; and (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in Idaho Code § 50-2903(20); and (S) a description of the disposition or retention of any assets of the agency upon the termination date. Section S. It is hereby found and determined that: RESOLUTION NO. 2020-06 - 9 (a) The Northside Crossing Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed-use, commercial and light industrial components of the Northside Crossing Plan and the need for public improvements), and shows consideration for the health, safety, and welfare of any residents or businesses in the general vicinity of the urban renewal area covered by the Northside Crossing Plan. (b) The Northside Crossing Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the Project Area by private enterprises. (c) To the extent necessary, the Northside Crossing Plan provides a feasible method for relocation of any displaced families residing within the Northside Crossing Project Area. (d) The Northside Crossing Project Area contains open land areas, that the Agency may acquire any open land, but does not intend to acquire open land on any widespread basis, that the Northside Crossing Project Area is planned to be redeveloped in a manner that will include both residential and non-residential uses and that the "open land" criteria set forth in the Law and Act have been met. (e) The portion of the Northside Crossing Project Area which is identified for residential uses is necessary and appropriate as the City Council may find there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area of residential uses is an integral part of and essential to the program of the City. (f) The portion of the Northside Crossing Project Area which is identified for non-residential uses, the City Council may fmd is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns and the need for the correlation of this area with other areas of the City. (g) The base assessment roll of the proposed Northside Crossing Project Area, and the proposed Harvest Springs Project Area, together with the base assessment roll values of the Existing Project Areas, do not exceed ten RESOLUTION NO. 2020-06 - 10 percent (10%) of the current assessed values of all the taxable property in the City. (h) The Northside Crossing Plan includes a revenue allocation provision and the Agency has detennined that the equalized assessed valuation of the revenue allocation area will likely increase as the result of the initiation of an urban renewal project. Section 9. That this Resolution constitutes the necessary action of the Agency under the Law, Section 50-2008, Idaho Code and the Act. Section 10. The Chair, Vice -Chair, or Administrator and the Secretary of the Agency are hereby authorized and directed to take all steps necessary and convenient to submit the proposed Northside Crossing Plan for approval by the City Council, including but not limited to the preparation of the notice of public hearing on adoption of the revenue allocation financing provisions by the City and submittal of the Northside Crossing Plan to the various taxing entities as required by Idaho Code § 50-2906. Section 11. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Urban Renewal Agency of the city of Chubbuck, Idaho, also known as the Chubbuck Development Authority, on September 15, 2020. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on September 15, 2020. RESOLUTION NO. 2020-06 - 11 Exhibit I Urban Renewal Plan for the Northside Crossing Urban Renewal Project 4816-6844-6154, v. 1 RESOLUTION NO. 2020-06 - 12 URBAN RENEWAL PLAN FOR THE NORTHSIDE CROSSING URBAN RENEWAL PROJECT THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS THE CHUBBUCK DEVELOPMENT AUTHORITY Ordinance No. Adopted Effective TABLE OF CONTENTS 1 Page 100 INTRODUCTION.............................................................................................................. 1 101 General Procedures of the Agency......................................................................... 4 102 Provisions Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906............................................................ 5 103 History and Current Conditions of the Area........................................................... 6 104 Purpose of Activities............................................................................................... 8 105 Open Land Criteria............................................................................................... 10 200 DESCRIPTION OF PROJECT AREA............................................................................. 11 300 PROPOSED REDEVELOPMENT ACTIONS................................................................ 11 301 General..................................................................................................................11 302 Urban Renewal Plan Objectives........................................................................... 14 303 Participation Opportunities and Agreement.......................................................... 15 303.1 Participation Agreements.......................................................................... 15 304 Cooperation with Public Bodies........................................................................... 17 305 Property Acquisition............................................................................................. 18 305.1 Real Property............................................................................................ 18 305.2 Personal Property ...................................................................................... 19 306 Property Management.......................................................................................... 20 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project..................................................................... 20 308 Demolition, Clearance and Site Preparation......................................................... 20 309 Property Disposition and Development................................................................ 21 309.1 Disposition by the Agency........................................................................ 21 309.2 Disposition and Development Agreements .............................................. 21 309.3 Development by the Agency..................................................................... 23 310 Development Plans............................................................................................... 23 311 Participation with Others...................................................................................... 23 312 Conforming Owners.............................................................................................. 24 313 Arts Funding......................................................................................................... 24 400 USES PERMITTED IN THE PROJECT AREA.............................................................. 24 401 Designated Land Uses........................................................................................... 24 402 [Reserved]............................................................................................................. 24 403 Public Rights-of-Way........................................................................................... 25 404 Interim Uses.......................................................................................................... 26 405 Development in the Project Area Subject to the Plan ........................................... 26 406 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards ................................................. 26 407 [Reserved]............................................................................................................. 26 408 Nonconforming Uses............................................................................................ 26 409 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement .................................................... 27 1 500 METHODS OF FINANCING THE PROJECT............................................................... 27 501 General Description of the Proposed Financing Method...................................... 27 502 Revenue Allocation Financing Provisions............................................................ 28 502.1 Economic Feasibility Study...................................................................... 29 502.2 Assumptions and Conditions/Economic Feasibility Statement ................ 30 502.3 Ten Percent Limitation............................................................................. 31 502.4 Financial Limitation.................................................................................. 32 502.5 [Reserved]................................................................................................ 34 502.6 Participation with Local Improvement Districts....................................... 34 502.7 Issuance of Debt and Debt Limitation...................................................... 34 502.8 Impact on Other Taxing Districts and Levy Rate..................................... 34 503 Phasing and Other Fund Sources.......................................................................... 36 504 Lease Revenue and Bonds.................................................................................... 36 505 Membership Dues and Support of Community Economic Development ............ 37 600 ACTIONS BY THE CITY................................................................................................ 37 601 Maintenance of Public Improvements.................................................................. 38 700 ENFORCEMENT.............................................................................................................38 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW .................... 38 900 PROCEDURE FOR AMENDMENT OR MODIFICATION.......................................... 40 1000 SEVERABILITY..............................................................................................................40 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS .......................... 40 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES............................................. 41 ii Attachments Attachment 1 Boundary Map of Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study Attachment 6 Agricultural Operation Consents iii 100 INTRODUCTION This is the Urban Renewal Plan (the "Plan") for the Northside Crossing Urban Renewal Project (the "Project") in the City of Chubbuck (the "City"), state of Idaho. Attachments 1 through 6 attached hereto (collectively, the "Plan Attachments") are incorporated herein and shall be considered a part of this Plan. The term "Project" is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code §§ 50-2018(10) and 50-2903(13) for the various activities contemplated by the term "Project." Such activities include both private and public development of property within the urban renewal area. The Northside Crossing Project Area is also referred to as the "Project Area." This Plan was prepared by the Board of Commissioners (the "Agency Board") of the Urban Renewal Agency of the City of Chubbuck, also known as the Chubbuck Development Authority (the "Agency"), its consultants, and staff, and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), and all applicable local laws and ordinances. Idaho Code § 50-2905 identifies what information the Plan must include with specificity as follows: (1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality. (2) A statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area. (3) An economic feasibility study. (4) A detailed list of estimated project costs. (5) A fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area. (6) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) A termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan. (8) A description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets. This Plan includes the above information with specificity. The proposed development of the Project Area as described in this Plan conforms to the Chubbuck Comprehensive Plan, Our Valley, Our Vision, as amended (the "Comprehensive Plan"), and adopted by the City Council (the "City Council"). The Agency intends to rely heavily on any applicable City design standards which may cover the Project Area. This Plan is subject to the Plan modification limitations and reporting requirements set forth in Idaho Code § 50-2903A. Subject to limited exceptions as set forth in Idaho Code § 50-2903A, if this Plan is modified by City Council ordinance, then the base value for the year immediately following the year in which modification occurs shall include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream. Should the Agency have any outstanding financial obligations, the City shall not adopt an ordinance modifying this Plan unless modification is deemed to have not occurred as provided in Idaho Code § 50- 2903A(1)(a)(i)-(iv) and written consent has been obtained by any creditors, including but not limited to lending institutions and developers who have entered into reimbursement agreements with the Agency. A modification shall not be deemed to occur when 11[t] here is a plan amendment to support growth of an existing commercial or industrial project in an existing revenue allocation area ...." Idaho Code § 50-2903A(1)(a)(iv). The proposed development of the Project Area is primarily a mixed-use development, which includes commercial and light industrial projects. Any adjustment to the list of improvements and/or revenue stream to support growth of the proposed commercial project is not a modification under Idaho Code § 50-2903A. Further, a modification shall not be deemed to occur when 11[t] here is a plan amendment to make technical or ministerial changes to a plan that does not involve an increase in the use of revenues allocated to the agency." Idaho Code § 50-2903A(1)(a)(i). Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and project timing, including prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not modifications under Idaho Code § 50-2903A. 2 This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the development, redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project Area. The Agency retains all powers allowed by the Law and Act. This Plan presents a process and a basic framework within which plan implementation, including contracts, agreements and ancillary documents will be presented and by which tools are provided to the Agency to fashion, develop, and proceed with plan implementation. The Plan has balanced the need for flexibility over the twenty (20) -year timeframe of the Plan to implement the improvements identified in Attachment 5, with the need for specificity as required by Idaho Code § 50-2905. The Plan narrative addresses the required elements of a plan set forth in Idaho Code § 50-2905(1), (5), (7) and (8). Attachment 5, together with the Plan narrative, meet the specificity requirement for the required plan elements set forth in Idaho Code § 50-2905(2)-(6), recognizing that actual Agency expenditures are prioritized each fiscal year during the required annual budgeting process. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful development and redevelopment of the Project Area. Typically, the public will fund enhanced public improvements like utilities, streets, and sidewalks which, in turn, create an attractive setting for adjacent private investment for a mixed-use development consisting of commercial, light industrial, and residential facilities. The purpose of the Law and Act will be attained through the implementation of the Plan. The master goals of this Plan are: a. The installation and construction of public improvements, including new collector and arterial streets; improvements to existing roadways and intersections; the installation of new intersections, including the installation of traffic signals; installation of curbs, gutters and streetscapes, which for purposes of this Plan, the term "streetscapes" includes sidewalks, lighting, landscaping, benches, bike racks, wayfinding, public art and similar amenities between the curb and right of way line; installation and/or improvements to fiber optic facilities; improvements to public utilities including water and sewer improvements, and fire protection systems; removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; improvements for parks, open space, and trail networks; and improvement of storm drainage facilities; b. The planning, design and construction of proposed improvements to Hiline Road, the reconfiguration of Tyhee Road and the new intersection between Tyhee Road and Hiline Road and modifications to existing Tyhee Road once realigned, and improvements to the intersection with New Day Parkway (formerly Siphon Road), Whitaker Road, Aurora Boulevard (now Northside Crossing), Morning Dew, Dawn Daylight, and yet to be named roads as shown in Attachment 5 to this Plan. The planning, design and construction of a new intersection, and improvements to other existing roadways and intersections within the Project Area; The replanning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; d. The strengthening of the economic base of the Project Area and the community by the installation of needed public improvements to stimulate new private development providing employment, economic growth, and a more economically sustainable and efficient commercial and residential land development pattern than traditionally seen in the City to the long-term benefit of the broader public's tax levy and utility rates; The provision of adequate land for open space, street rights-of-way and pedestrian rights-of-way, including pathways which will be dedicated to the public; f. The reconstruction and improvement of street corridors to allow traffic flows to move through the Project Area along with the accompanying utility connections, through the Project Area; g. The provision of public service utilities, which may be sited outside of the Project Area, but are necessary to the development of the Project Area, such as water system improvements, sewer system improvements and improvements to storm drainage facilities; h. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; and The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is a public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law; the Public Records Act; the Ethics in Government Act of 2015, Chapters 1, 2 and 4 of Title 74, Idaho Code; reporting requirements pursuant to Idaho Code §§ 67-450B, 67-450E, 50-2903A and 50-2913; and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code, as well as other procurement or other public improvement delivery methods. Subject to limited exceptions, the Agency shall conduct all meetings in open session and allow meaningful public input as mandated by the issue considered or by any statutory or regulatory provision. The Agency may adopt separate policy statements. Any modification to any policy statement is a technical or ministerial adjustment and is not a modification to this Plan under Idaho Code § 50-2903A. 102 Provisions Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906 Idaho law requires that the City Council, by resolution, must determine a geographic area be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A consultant was retained to study a proposed project area and prepare an eligibility report. The Eligibility Study for the Siphon' Interchange West Urban Renewal Area, dated October 2018, was submitted to the Agency. The Agency accepted the eligibility report by Agency Resolution No. 2018-03 on November 20, 2018. The area studied was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 2018-12 on December 5, 2018. With the adoption of Resolution No. 2018-12, the City Council authorized the preparation of an urban renewal plan. After adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the area studied, which had been recently annexed into the City, be examined for eligibility. City and Agency staff studied the supplemental area resulting in the preparation of a supplemental eligibility report. The Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019, was submitted to the Agency. The Agency accepted the supplemental eligibility report by Agency Resolution No. 2019-03 on August 20, 2019. The supplemental area studied was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 2019-08 on October 16, 2019. With the adoption of Resolution No. 2019-08, the City Council authorized the preparation of an urban renewal plan for the supplemental area. 1 Please note Siphon Road east of Yellowstone Avenue is now known as New Day Parkway. 5 After adoption of Resolution No. 2019-08 by the City Council, a property owner requested that additional property adjacent and contiguous to the area studied in the original study and the supplemental study, which had been recently annexed into the City, be examined for eligibility. A consultant was retained to study the second supplemental area and prepare an eligibility report. The Siphon Interchange West Supplemental Urban Renewal Eligibility Report, dated March 5, 2020, was submitted to the Agency. The Agency accepted the second supplemental eligibility report by Agency Resolution No. 2020-02 on May 19, 2020. The second supplemental area studied was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 2020-01 on June 3, 2020. With the adoption of Resolution No. 2020-01, the City Council authorized the preparation of an urban renewal plan for the second supplemental area. The Project Area includes parcels from the area originally studied in 2018, and as supplemented in 2019 and 2020. The Project Area remains a deteriorated area and/or a deteriorating area. In accordance with the Law and Act, the necessary agricultural operation consents were obtained from owners of any agricultural operations within the Project Area for property that has been used as an agricultural operation within the last three (3) years. Copies of the agricultural operation consents are attached hereto as Attachment 6. The Plan was prepared and submitted to the Agency for its review and approval. The Agency approved the Plan by the adoption of Agency Resolution No. 2020-06 on September 15, 2020, and submitted the Plan to the City Council with its recommendation for adoption. In accordance with the Law, this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission reported to the City Council that this Plan is in conformity with the City's Comprehensive Plan. Pursuant to the Law and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was duly published in the Idaho State Journal, a newspaper having general circulation in the City. The City Council adopted this Plan on , by Ordinance No. 103 History and Current Conditions of the Area This Project Area includes an estimated 230 acres within the City limits in a designated Creative Community Zone that encourages mixed-use development ranging in intensity, such as developments consisting of commercial, light industrial, and residential uses. This zoning designation supports innovative designs for a variety of land uses, increased transportation modalities and housing stock of various densities in order to create functionally integrated developments that allow for more effective and efficient provision of public services, to decrease suburban sprawl, to promote increased health, safety, and welfare, and to require a high attention 2 to design details to ensure that the built environment and property values will become and remain stable and maintained over time. The Project Area is generally located at the northwest intersection of the New Day Parkway and Interstate 15. It is bounded on the east by Hiline Road, the Union Pacific Railroad on the west, New Day Parkway on the south, and the centerline of Tyhee Road on the north. A significant impediment to development consistent with the City's Comprehensive Plan is the extent of public infrastructure necessary to develop and/or redevelop the area. Development potential within the Project Area is currently restricted due to defective or inadequate connectivity, vehicular and pedestrian, in the Project Area as well as lack of access to the municipal water and sewer systems. Extension of a water distribution and sewer collection systems throughout the Project Area is necessary to support development. The Project Area lacks the public infrastructure necessary to properly serve economic development contemplated by the City's Comprehensive Plan. The Plan proposes installation and improvements to public infrastructure and other publicly owned assets throughout the Project Area, as more specifically set forth in Attachment 5, creating the opportunity for a mixed-use commercial, light industrial and residential development, as well as the opportunity for expanded residential housing stock of various densities. The Project Area is currently an area in transition within the City, moving from predominantly open lands and agricultural uses to an area of increased demand for mixed-use growth as set forth in the Comprehensive Plan and due in significant part to the Siphon.2 Northgate Interchange on I-15. As a result, the Project Area is underdeveloped and/or vacant and is not being used to its highest and best use due to the deteriorating conditions found in the Project Area, specifically: (1) obsolete platting and faulty lot layout — the large agricultural land - use patterns inhibit orderly growth if not encouraged to subdivide to allow mixed uses, which in turn results in economic underdevelopment of the area; (2) outmoded street patterns/inadequate street layout — the existing streets in the Project Area do not meet current City street standards and lack pedestrian facilities. Further the existing road systems do not serve major portions of the Project Area; (3) unsafe conditions — a central public water system and sewer collection system do not serve the Project Area. The lack of hydrants creates fire -safety issues. Further DEQ has identified all of the Project Area as a Nitrate Priority Area, meaning an area where there may be water quality degradation emanating from high nitrates in the ground water, which supports extension of the City water and sewer facilities. The foregoing conditions have arrested or impaired sound and orderly growth in the Project Area and represents an area of economic underdevelopment. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the City additional resources to solve the public infrastructure and development impediment issues in this area. Revenue allocation financing should help to improve the situation. In effect, property taxes generated by new developments within the Project Area may be used by the Agency to finance a variety of needed public improvements and 2 Please note Siphon Road east of Yellowstone Avenue is now known as New Day Parkway. 7 facilities. Finally, some of the new developments may also generate new jobs in the community that would, in turn, benefit area residents. It is unlikely individual developers will take on the prohibitive costs of constructing the necessary infrastructure in the Project Area without the ability of revenue allocation to help offset at least some of these costs. But for urban renewal and revenue allocation financing the proposed mixed-use residential, commercial, and light industrial developments would not occur. 104 Purpose of Activities Attachment 5 includes the public improvements list identifying with specificity the proposed public improvements and projects contemplated in the Project Area. The description of activities, public improvements, and the estimated costs of those items are intended to create an outside limit of the Agency's activity. Due to the inherent difficulty in projecting future levy rates, future taxable value, and the future costs of construction, the Agency reserves the right to: a. change funding amounts from one Project to another. b. to re -prioritize the Projects described in this Plan and the Plan Attachments. Retain flexibility in funding the various activities in order to best meet the Plan and the needs of the Project Area. d. Retain flexibility in determining whether to use the Agency's funds or funds generated by other sources. e. Alter the location of proposed improvements set forth in Attachment 5 to support development when it occurs. The information included in Attachment 5 presents a realistic development scenario recognizing it is difficult to project with any certainty where the improvements will be sited until any future projects submit plans to the City for design review and permitting. The Agency intends to discuss and negotiate with any owner or developer of the parcels within the Project Area seeking Agency assistance during the duration of the Plan and Project Area. During such negotiation, the Agency will determine the eligibility of the activities sought for Agency funding, the amount the Agency may fund by way of percentage or other criteria including the need for such assistance. The Agency will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. The Agency also reserves the right to establish by way of policy, its funding percentage or participation, which would apply to all developers and owners.3 3 On December 18, 2018, the Agency adopted Resolution No. 2018-4, which sets forth a participation policy to guide how revenue allocation funds will be used to support development, including within the Project Area. The Plan is broader than the participation policy, which will guide negotiations on any future owner participation agreement with any developers within the Project Area. Throughout this Plan, there are references to Agency activities, Agency funding, and the development, and contribution of public improvements. Such references do not necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the Agency the discretion to participate as stated subject to achieving the objectives of this Plan and provided such activity is deemed eligible under the Law and the Act. The activities listed in Attachment 5 will be determined or prioritized as the overall Project Area develops and through the annual budget setting process. The activities listed in Attachment 5 are also prioritized by way of importance to the Agency by the amounts funded, and by year of funding, with earlier years reflecting the more important activities, achievement of higher objectives, long term goals, and commitments. As required by the Law and Act, the Agency will adopt more specific budgets annually. The projected timing of funding is primarily a function of market conditions and of the availability of financial resources but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at a given points in time within the planned 20 -year period of the urban renewal district and revenue allocation area. The Study (Attachment 5) has described a list of prioritized public improvements and other related activities to be funded with revenue allocation funds with an estimated cost in 2019 dollars of approximately $35,443,662.00. This amount does not take into account inflationary factors, such as increasing construction costs, which would increase that figure depending on when the owner, developer and/or Agency is able to develop, construct or initiate those activities. The Study has concluded the capacity of revenue allocation funds through the term of the Plan based on the assumed development projects and assessed value increases will likely generate an estimated $55,538,790.00 in revenue allocation proceeds. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts predicted in the event higher increases in assessed values occur during the term of the Plan for the improvements and activities identified. Additionally, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified. Attachment 5 identifies two (2) roadway improvement projects, which are located outside the boundary of the Project Area and are currently located within unincorporated Bannock County: 1) the widening of Tyhee Road; and 2) improvements to the Tyhee Road and Yellowstone Highway intersection. These projects have a significant nexus to the development contemplated within the Project Area. If development occurs within the Project Area as projected, there will be significant increased usage of Tyhee Road between the Yellowstone Highway and Hiline Road. The City's Comprehensive Plan has identified Tyhee Road to be a major arterial providing connection to the Northgate Interchange. These projects are included for purposes of determining the economic feasibility of the Project, and to allow revenue allocation funds to support the improvements if and only when the right-of- way is ever annexed into the City. This Plan does not intend to exercise jurisdiction in unincorporated Bannock County. 0 105 Open Land Criteria The Project Area includes open land requiring the area meet the conditions set forth in Idaho Code § 50-2008(d). These conditions include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or another in the definitions of deteriorated area or deteriorating area set forth in Idaho Code §§ 50-2018(8), (9) and 50-2903(8). The issues listed only in Idaho Code § 50-2008(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and "the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area." Open land areas qualify for Agency acquisition and development for residential uses if the City Council determines there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City, that the need for housing will be increased as a result of the clearance of deteriorated areas, that the conditions of blight in the area and the shortage of decent, safe and sanitary housing contributes to an increase in the spread of disease and crime and constitutes and menace to the public health, safety, morals, or welfare, and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. Due to the recent and projected growth of the Pocatello Metropolitan Statistical Area (which includes the City) and of the entire southeast and eastern Idaho regions the need for housing is significant in order to support retention and expansion of local and regional businesses and operations and integral to a successful mixed-use project area. Further, the existing mixed- use creative community zoning designation in the Project Area allows for a much greater residential land use intensity surrounding potential commercial projects than typically found in the City and eastern Idaho in support of effectuating the goals and objectives of the City's Comprehensive Plan. Open land areas qualify for Agency acquisition and development for primarily nonresidential uses if acquisition is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives if any of the deteriorating area conditions set forth in Idaho Code §§ 50- 2018(8), (9) and 50-2903(8) apply. But such areas also qualify if any of the issues listed only in Idaho Code § 50-2008(d)(4)(2) apply. The lack of water and sewer facilities, large parcel size, a deficient street system, lack of fire protection facilities, and economic disuse, are all conditions which delay or impair development of the open land areas and satisfy the open land conditions as more fully supported by the Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018, prepared by Hoster and Associates, and as supplemented by the Siphon Interchange West Supplemental Urban Renewal Eligibility Report, dated March 5, 2020, as prepared by Outwest Policy Advisors. This Plan does anticipate Agency acquisition of property within the Project Area; however, the acquisition of specific parcels is unknown at this time. Should the Agency determine the need to acquire property as further set forth in Attachment 3, then the open land areas qualify for Agency acquisition and development. 10 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Boundary Map of Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 1 and incorporated herein by reference, and are described in the Legal Description of Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 2 and incorporated herein by reference. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise stated. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General The Agency proposes to eliminate and prevent the spread of deteriorating conditions and deterioration in the Project Area by employing a strategy to improve and develop public and private lands, and to grow the economy in the Project Area. Implementation of the strategy includes, but is not limited to the following actions: a. The engineering, design, installation, construction, and/or reconstruction of storm water management infrastructure to support compliance with federal, state and local regulations for storm water discharge and to support private development. Stormwater projects anticipated within the Project Area are included with projects for public parks or open space, as well as the roadway improvements set forth in Attachment 5; b. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; C. The engineering, design, installation, construction, and/or reconstruction of streets and streetscapes, including but not limited to Hiline Road, the reconfiguration of Tyhee Road, the new intersection at Tyhee Road and Hiline Road, modifications to existing Tyhee Road once realigned, and improvements to the intersection with New Day Parkway (formerly Siphon Road), Whitaker Road, Aurora Boulevard (now Northside Crossing), Morning Dew, Dawn Daylight, and yet to be named roads as development occurs, and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; d. The engineering, design, installation, construction, and/or reconstruction of utilities (within and outside of the Project Area) including but not limited to improvements and upgrades to the water distribution system, water capacity improvements, water storage upgrades, sewer system improvements and upgrades, lift station, and improvements, and upgrades to power, gas, fiber optics, communications and other such facilities. Construction of utilities outside of the 11 Project Area are directly related to the growth and development within the Project Area, but cannot be sited within the Project Area; Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to, fire protection systems, roadways, curbs, gutters, and streetscapes, which for purposes of this Plan, the term streetscapes includes sidewalks, lighting, landscaping, benches, signage, bike racks, public art, and similar amenities between the curb and right-of-way line; and other public improvements, including public open spaces that may be deemed appropriate by the Board; f. The acquisition of real property for public right-of-way improvements, public parks, pedestrian facilities, pathways and trails, recreational access points and to encourage development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers; g. The acquisition of real property for utility undergrounding and streetscape improvements to create development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers and for qualified developments, including economic development; h. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code § 50-2011, and any disposition policies adopted by the Agency; The demolition or removal of certain buildings and/or improvements for public rights-of-way, pedestrian facilities, utility undergrounding and streetscape improvements to encourage and enhance transportation and mobility options, decrease underutilized parcels, to eliminate unhealthful, unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; The management of any property acquired by and under the ownership and control of the Agency; k. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; 1. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; 12 M. The provision of financial and other assistance to encourage greater density in order to create greater land use efficiencies and greater social opportunities through good design, together which will result in decreased tax and utility liabilities for the City's residents and businesses; n. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; o. The preparation and assembly of adequate sites for the development and construction of facilities for commercial, office, retail, residential, and governmental use; P. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary) and standards and guidelines for the design of streetscape, festival streets, plazas, multi -use pathways, parks and open space and other like public spaces applicable to the Project Area as needed to support implementation of this Plan; q. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; S. The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; and t. Other related improvements to those set forth above as further set forth in Attachment 5.4 a Attachment 5 identifies two (2) roadway improvement projects, which are located outside the boundary of the Project Area and are currently located within unincorporated Bannock County: 1) the widening of Tyhee Road; and 2) improvements to the Tyhee Road and Yellowstone Highway intersection. These projects have a significant nexus to the development contemplated within the Project Area. If development occurs within the Project Area as projected, there will be significant increased usage of Tyhee Road between the Yellowstone Highway and Hiline Road. The City's Comprehensive Plan has identified Tyhee Road to be a major arterial providing connection to the Northgate Interchange. These projects are included for purposes of determining the economic feasibility of the Project, and to allow revenue allocation funds to support the improvements if and only when the right-of-way is ever annexed into the City. This Plan does not intend to exercise jurisdiction in unincorporated Bannock County. 13 In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by Law and Act. 302 Urban Renewal Plan Objectives Urban renewal activity is necessary in the Project Area to combat problems of deteriorating conditions. As set forth in greater detail in Section 103, the Project Area has a history of stagnant growth and development compared to other areas of the City based on deteriorated or deteriorating conditions that have arrested or impaired growth in the Project Area primarily attributed to: obsolete platting/faulty lot layouts, inadequate street layout, outmoded street patterns, the need for correlation of the Project Area with other areas of the City by streets or modern traffic requirements and unsafe conditions. The Plan for the Project Area is a proposal to work in partnership with public and private entities to improve, develop, and grow the economy within the Project Area by the implementation of a strategy and program set forth in Section 301. The provisions of this Plan are applicable to all public and private property in the Project Area. The provisions of the Plan shall be interpreted and applied as objectives and goals, recognizing the need for flexibility in interpretation and implementation, while at the same time not in any way abdicating the rights and privileges of the property owners which are vested in the present and future zoning classifications of the properties. All development under an owner participation agreement shall conform to those standards specified in Section 303.1 of this Plan. This Plan must be practical in order to succeed. Particular attention has been paid to how it can be implemented, given the changing nature of market conditions. Transforming the Project Area into a vital, thriving part of the community requires an assertive strategy. The following list represents the key elements of that effort: a. Initiate simultaneous projects designed to revitalize the Project Area. From street and utility improvements to significant new public or private development, the Agency plays a key role in creating the necessary momentum to get and keep things going. b. Develop new mixed-use residential, retail, commercial, light industrial and office opportunities and encourage economic development. Secure and improve certain public open space in critical areas. d. Initiate projects designed to increase workforce transportation and mobility options. Without direct public intervention, much of the Project Area could conceivably remain unchanged and in a deteriorated and/or deteriorating condition for the next twenty (20) years. The Plan creates the necessary flexible framework for the Project Area to support the City's 14 economic development while complying with the "specificity" requirement set forth in Idaho Code § 50-2905. Land use in the Project Area will be modified to the extent that underutilized, underdeveloped, and vacant land and land now devoted to uses inconsistent with the future land uses of the area will be converted to residential, light industrial, and commercial uses, which may include office and retail uses, or light manufacturing or warehousing uses. In implementing the activities described in this Plan, the Agency shall give due consideration to the provision of adequate open space, park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of residents in the general vicinity of the site covered by the Plan. In the event that changes to the approved Master Development Plan are desired by the Developer and the City pursuant the process identified in the Creative Community zoning requirements, changes which continue to implement the goals and objects of this Plan will not be deemed to be in conflict with this Plan, or a modification of this Plan. 303 Participation Opportunities and Agreement 303.1 Participation Agreements The Agency shall enter into various development participation agreements with any existing or future owner of property in the Project Area, in the event the property owner receives assistance from the Agency in the development and/or redevelopment of the property. The term "owner participation agreement" or "participation agreement" is intended to include all participation agreements with a property owner, including reimbursement agreements, grant agreements or other participation agreements. In that event, the Agency may allow for an existing or future owner of property to remove the property and/or structure from future Agency acquisition subject to entering into an owner participation agreement. The Agency may also enter into owner participation agreements with other future owners and developers within the Project Area throughout the duration of this Plan in order to implement the infrastructure improvements set forth in this Plan. Each structure and building in the Project Area to be rehabilitated or to be constructed as a condition of the owner participation agreement between the Agency and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed, and the Agency will so certify, if the rehabilitated or new structure meets the standards set forth in an executed owner participation agreement and meets the conditions described below: a. Any such property within the Project Area shall be required to conform to all applicable provisions, requirements, and regulations of this Plan. The owner participation agreement may require as a condition of financial participation by the Agency a commitment by the property owner to meet the greater objectives of the land use elements identified in the Comprehensive Plan, and applicable zoning ordinances. Upon completion of any rehabilitation each structure must be safe and sound in all physical respects and be refurbished and altered to bring the property 15 to an upgraded marketable condition that will continue throughout an estimated useful life for a minimum of twenty (20) years. b. Any owner shall give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children and seniors residing in the general vicinity of the site covered by the Plan. All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated or constructed in conformity with all applicable codes and ordinances of the City. d. Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan, as well as to all applicable codes and ordinances of the City. All owner participation agreements will address development timing, prioritization of proiects, iustification and eligibility of proiect costs, and achievement of the obiectives of the Plans. The Agency shall retain its discretion in the funding level of its participation. Obligations under owner participation agreements shall terminate no later than the termination date of this Plan, December 31, 2040. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any owner participation agreement. In all participation agreements, participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties. Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: a. Encouraging property owners to revitalize and/or remediate deteriorated areas or deteriorating areas of their parcels to accelerate development in the Project Area. b. Subject to the limitations of the Law and the Act, providing incentives to property owners to encourage utilization and expansion of existing permitted uses during 5 Agency participation may also be subject to any participation policy adopted by the Agency Board, and as may be amended from time to time. 16 the transition period to prevent a decline in the employment base and a proliferation of vacant and deteriorated parcels in the Project Area during the extended redevelopment of the Project Area. To accommodate improvements and expansions allowed by City regulations. d. Subject to the limitations of the Law and Act, providing incentives to improve nonconforming properties so they implement the design guidelines contained in this Plan to the extent possible and to encourage an orderly transition from nonconforming to conforming uses through the term of the Plan. Provide for advance funding by the developer/owner participant of those certain public improvements related to or needed for the private development and related to the construction of certain public improvements. In that event, the Agency will agree as set out in the participation agreement to reimburse a portion of, or all of, the costs of public improvements identified in the participation agreement from the revenue allocation generated by the private development. 304 Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, in the event the Agency is providing any financial assistance. Subject to applicable authority, the Agency may impose on all public bodies the planning and design controls contained in this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements of the Project Area as allowed by the Law and Act. The Agency intends to cooperate to the extent allowable with the City, as the case may be, for the engineering, design, installation, construction, and/or reconstruction of public infrastructure improvements, including, but not limited to water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curbs, gutters, sidewalks, walkways, parking facilities and unoccupied auxiliary structures. The Agency shall also cooperate with the City on various relocation, screening, or underground projects and the providing of fiber optic capability. To the extent any public entity, including the 17 City, has funded certain improvements, the Agency may reimburse those entities for those expenses. The Agency also intends to cooperate and seek available assistance from state, federal and other sources for economic development. In the event the Agency is participating in the public development by way of financial incentive or otherwise, the public body shall enter into a participation agreement with the Agency and then shall be bound by the Plan and other land use elements and shall conform to those standards specified in Section 303.1 of this Plan. This Plan does not financially bind or obligate the Agency (or City) to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any owner participation agreement and in the annual budget adopted by the Agency Board. 305 Property Acquisition 305.1 Real Property Only as specifically authorized herein, the Agency may acquire, through the voluntary measures described below, but is not required to acquire, any real property located in the Project Area where it is determined that the property is needed for construction of public improvements, required to eliminate or mitigate the deteriorated or deteriorating conditions, to facilitate economic development, including acquisition of real property intended for disposition to qualified developers through a competitive process, and as otherwise allowed by law. The acquisition shall be by any means authorized by law, including, but not limited to, the Law, the Act, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, but shall not include the right to invoke eminent domain authority except as authorized herein. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee, including structures and fixtures upon the real property, without acquiring the land upon which those structures and fixtures are located. The Agency intends to acquire any real property through voluntary or consensual gift, devise, exchange, or purchase. Such acquisition of property may be for the development of the public improvements identified in this Plan. Such properties may include properties owned by private parties or public entities. This Plan does not anticipate the Agency's widespread use of its resources for property acquisition, except for the construction of public improvements, e.g. right- of-way acquisition. In the event the Agency identifies certain property which should be acquired to develop certain public improvements intended to be constructed under the provisions of this Plan, the Agency shall coordinate such property acquisition with any other public entity (e.g., without limitation, the City, the state of Idaho, or any of its authorized agencies), including the assistance of the Agency of funds to acquire said property either through a voluntary acquisition or the public entity's invoking of its eminent domain authority as limited by Idaho Code Section 7- 701A. The Agency is authorized by this Plan to acquire the properties identified in Attachment 3 hereto, including but not limited to property to be acquired for the extension or expansion of certain rights-of-way. The Agency is authorized by this Plan and Idaho Code §§ 50-2010 and 50-2018(12) to acquire the properties identified in Attachment 3 hereto for the purposes set forth in this Plan. The Agency has identified its intent to acquire and/or participate in the development of certain public improvements, including, but not limited to streets, streetscapes, water and sewer improvements including a well and tank site, environmental remediation/site preparation, public parking, community facilities, including but not limited to parks, pedestrianibike paths and trails, recreation facilities and other public facilities. Further, the Agency may acquire real property to facilitate commercial development by assembling and disposing of developable parcels. The Agency's property acquisition will result in remediating deteriorating conditions in the Project Area by facilitating the development of mixed-use, residential and commercial areas, which may also include office and retail uses. The public improvements are intended to be dedicated to the City upon completion. The Agency reserves the right to determine which properties identified, if any, should be acquired. The open land areas qualify for Agency acquisition as further set forth in Section 105 of this Plan. It is in the public interest and may be necessary, in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area for the public improvements identified in this Plan, which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method. Under the provisions of the Act, the urban renewal plan "shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area." Idaho Code § 50-2018(12). The Agency has generally described those properties by use as set out in Attachment 3 for acquisition for the construction of public improvements. The Agency may also acquire property for the purpose of developing streetscape and public utilities. The Agency reserves the right to determine which properties, if any, should be acquired. 305.2 Personal Property 19 Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain for the purpose of developing the public improvements described in section 305.1. 306 Property Management During the time real property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project If the Agency receives federal funds for real estate acquisition and relocation, the Agency shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump -sum per case basis. The Agency may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt relocation guidelines which would define the extent of relocation assistance in non -federally assisted projects and which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance as may be warranted. In the event the Agency's activities result in displacement, the Agency shall comply with, at a minimum, the standards set forth in the Law. The Agency shall also comply with all applicable state laws concerning relocation benefits. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance. 308 Demolition, Clearance and Site Preparation The Agency is authorized (but not required) to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. Further, the Agency is authorized (but not required) to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the Agency including site 20 preparation. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, parks, pedestrian walkways, public parking facilities, drainage facilities, and other public improvements necessary to carry out this Plan. 309 Property Disposition and Development 309.1 Disposition by the Agency For the purposes of this Plan, the Agency is authorized to sell, lease, lease/purchase, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in Idaho Code § 50-2011 and pursuant to any disposition policies adopted by the Agency. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Real property acquired by the Agency may be conveyed by the Agency and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. 309.2 Disposition and Development Agreements To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of deteriorating conditions, all real property sold, leased, or conveyed by the Agency is subject to the provisions of this Plan. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, lease/purchases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Bannock County, Idaho. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. 21 As required by law or as determined in the Agency's discretion to be in the best interest of the Agency and the public, the following requirements and obligations shall be included in the disposition and development agreement. That the developers, their successors, and assigns agree: a. That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency. b. That the purchase or lease of the land and/or subterranean rights and/or air rights is for the purpose of redevelopment and not for speculation. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. That the site and construction plans will be submitted to the Agency for review as to conformity with the provisions and purposes of this Plan. e. All new construction shall have a minimum estimated life of no less than twenty (20) years. f. That rehabilitation of any existing structure must assure that the structure is safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition which will continue throughout an estimated useful life for a minimum of twenty (20) years. g. That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale. h. All such buildings or portions of the buildings which are to remain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City. All disposition and development documents shall be governed by the provisions of Section 409 of this Plan. All other requirements and obligations as may be set forth in any participation policy established and/or amended by the Agency. 22 The Agency also reserves the right to determine the extent of its participation based upon the achievements of the obiectives of this Plan. Obligations under any disposition and development agreement and deed covenants, except for covenants which run with the land beyond the termination date of this Plan, shall terminate no later than December 31, 2040. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any disposition and development agreement. 309.3 Development by the Agency To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct public improvements within the Project Area for itself or for any public body or entity, which public improvements are or would be of benefit to the Project Area. Specifically, the Agency may pay for, install, or construct the public improvements authorized under Idaho Code Section 50-2007, 50-2018(10) and (13), and 50-2903(9), (13), and (14), and as otherwise identified in Attachment 5, attached hereto and incorporated herein by reference, and may acquire or pay for the land required therefore. The Agency may enter into contracts, leases, and agreements with the City or other public body or private entity pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code § 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code § 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 310 Development Plans All development plans (whether public or private) prepared, pursuant to an owner participation or disposition and development agreement, shall be submitted to the Agency Board for approval and architectural review. All development in the Project Area must conform to those standards specified in Section 409. Additionally, development must be consistent with all City ordinances. 311 Participation with Others Under the Law, the Agency has the authority to lend or invest funds obtained from the federal government for the purposes of the Law if allowable under federal laws or regulations. The federal funds that may be available to the Agency are governed by regulations promulgated by the Department of Housing and Urban Development for the Community Development Block Grant Program ("CDBG"), the Economic Development Administration, the Small Business Administration, or other federal agencies. In order to enhance such grants, the Agency's use of revenue allocation funds is critical. Under those regulations the Agency may participate with the private sector in the development and financing of those private projects that will attain certain federal objectives. 23 The Agency may, therefore, use the federal funds for the provision of assistance to private for-profit business, including, but not limited to, grants, loans, loan guarantees, interest supplements, technical assistance, and other forms to support, for any other activity necessary or appropriate to carry out an economic development project. As allowed by law, the Agency may also use funds from any other sources for any purpose set forth under the Law or Act. The Agency may enter into contracts, leases, and agreements with the City, or other public body or private entity, pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code § 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code § 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 312 Conforming Owners The Agency may, at the Agency's sole and absolute discretion, determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property will be permitted to remain as a conforming owner without a participation agreement with the Agency, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. 313 Arts Funding The Agency encourages public art and performing arts through joint ventures with private developers and in cooperation with the City. Whenever possible, any Agency arts funding will be used to leverage additional contributions from developers, other private sources, and public or quasi -public entitles for purposes of including public art within the streetscape projects identified in this Plan. 400 USES PERMITTED IN THE PROJECT AREA 401 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City, as may be amended, and as depicted on Attachment 4 and as set forth in the City's Comprehensive Plan Land Use Map, including the future land use map and zoning classifications, as may be amended. For the most part, the Project Area is proposed as mixed-use residential, light industrial, and commercial development, which may include retail and office uses. Provided, however, nothing herein within this Plan shall be deemed to be granting any particular right to zoning classification or use. 402 [Reserved] 24 403 Public Rights -of -Way The Project Area includes portions of existing maintained public rights-of-way as shown on Attachment 1, including but not limited to: Hiline Road, New Day Parkway (formerly Siphon Road), and Tyhee Road. Any new roadways, including new collectors and/or arterials to be engineered, designed, installed and constructed in the Project Area, will be constructed in conjunction with any applicable policies and design standards of the City (and State and Federal standards, as the case may be) regarding dedicated rights-of-way. Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development, and other potential roadways generally shown in Attachment 5. Additional improvements to existing streets and easements may be created, improved, or extended in the Project Area as needed for development. Existing dirt roadways, streets, easements, and irrigation or drainage laterals or ditches may be abandoned, closed, or modified as necessary for proper development of the Project Area, in conjunction with any applicable policies and standards of the City regarding changes to dedicated rights-of-way, and appropriate irrigation or drainage districts regarding changes to laterals or ditches. Any development, maintenance and future changes in the interior or exterior street layout shall be in accordance with the objectives of this Plan and the City's design standards; shall be effectuated in the manner prescribed by State and local law; and shall be guided by the following criteria: a. A balancing of the needs of proposed and potential new developments for adequate vehicular access, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants and any participation agreements executed thereunder; b. The requirements imposed by such factors as topography, traffic safety, and aesthetics; and The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project Area by providing convenient and efficient vehicular access and movement, including pedestrian and bicycle movement. The public rights-of-way may be used for vehicular, bicycle and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. The proposed concept layout for the Project Area provides a realistic buildout scenario and preliminary siting of public infrastructure; however, siting of such public infrastructure may change as the project develops. 25 404 Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses that are not in conformity with the uses permitted in this Plan. However, any interim use must comply with applicable City Code or Bannock County Code. 405 Development in the Project Area Subject to the Plan All real property in the Project Area, under the provisions of either a disposition and development agreement or an owner participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 406 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards All construction in the Project Area shall comply with all applicable state laws, the Chubbuck City Code, as may be amended from time to time, and any applicable City Council ordinances pending codification, including but not limited to, regulations concerning the type, size, density and height of buildings; open space, landscaping, light, air, and privacy; the undergrounding of utilities; limitation or prohibition of development that is incompatible with the surrounding area by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors; parcel subdivision; off-street loading and off-street parking requirements. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or owner participation agreement. 407 [Reserved] 408 Nonconforming Uses The Agency may permit an existing use to remain in an existing building and site usage in good condition, which use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The owner of such a property must be willing to enter into an owner participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may authorize additions, alterations, repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the 26 Agency, such improvements would be compatible with surrounding Project uses and development. All nonconforming uses shall also comply with the City codes and ordinances. 409 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement Under a disposition and development agreement and an owner participation agreement, the design guidelines and land use elements of the Plan shall be achieved to the greatest extent feasible, though the Agency retains the authority to grant minor variations under this Plan and subject to a negotiated agreement between the Agency and the developer or property owner. Under those agreements, the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. In such agreements, the Agency may impose additional design controls. One of the objectives of this Plan is to create an attractive pedestrian environment in the Project Area. Therefore, such plans shall give consideration to good design and amenities to enhance the aesthetic quality of the Project Area. These additional design standards or controls will be implemented through the provisions of any owner participation agreement or disposition and development agreement. These controls are in addition to any standard and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinances. 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Method The Agency is authorized to finance this Project with revenue allocation funds, financial assistance from the City (loans, grants, other financial assistance), state of Idaho, federal government or other public entities, interest income, developer advanced funds, donations, loans from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency - owned property, or any other available source, public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter -fund transfer or grant from the City or an existing revenue allocation area. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also supply additional assistance through City loans and grants for various public improvements and facilities. The City or any other public agency may expend money to assist the Agency in carrying out this Project. 27 As allowed by law and subject to restrictions as are imposed by law, the Agency is authorized to issue notes or bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. 502 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2020. These revenue allocation provisions shall apply to all taxing districts which are located in or overlap the Revenue Allocation Area shown and described on Attachments 1 and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. The Agency, acting by one or more resolutions adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred (pay-as-you-go) or to pledge all or any portion of such revenues to the repayment of any moneys borrowed, indebtedness incurred, or notes or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code § 50-2903(14)) of one or more urban renewal projects. The Agency may consider a note or line of credit issued by a bank or lending institution premised upon revenue allocation funds generated by a substantial private development contemplated by the Study, as defined in Section 502. 1, which would allow the Agency to more quickly fund the public improvements contemplated by this Plan. Likewise, a developer/owner advanced funding could achieve the same purpose. Upon enactment of a City Council ordinance finally adopting these revenue allocation financing provisions and defining the Revenue Allocation Area described herein as part of the Plan, there shall hereby be created a special fund of the Agency into which the County Treasurer shall deposit allocated revenues as provided in Idaho Code § 50-2908. The Agency shall use such funds solely in accordance with Idaho Code § 50-2909 and solely for the purpose of providing funds to pay the Project Costs, including any incidental costs, of such urban renewal projects as the Agency may determine by resolution or resolutions of its Board. A statement listing proposed public improvements and facilities, a schedule of improvements, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code § 50-2905 is included in this Plan and in Attachment 5 to this Plan. This information necessarily incorporates estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Agency is hereby authorized to adjust the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs if the Board deems such adjustment necessary or convenient to effectuate the general objectives of the Plan in order to account for revenue inconsistencies and unknown future costs. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in the annual budget. The Agency may also appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of notes or bonds. The Agency has also provided for obtaining advances or loans from the City or Agency, or from the Agency's other revenue allocation area, or private entity and financial institutions in order to immediately commence construction of certain of the public improvements. Developer advanced funding of public improvements could also achieve the same purpose. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the Project in whole or in part, including reimbursement to developers for the cost of eligible public improvements Revenues will continue to be allocated to the Agency until termination of the revenue allocation area as set forth in Section 800. Attachment 5 incorporate estimates and projections based on the Agency's and its consultants' present knowledge and expectations concerning the length of time to complete the improvements and estimated future revenues. The activity may take longer depending on the significance and timeliness of development. Alternatively, the activity may be completed earlier if revenue allocation proceeds are greater or the Agency obtains additional funds from another source. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the Project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. The Agency reserves the right to either pay for Project Costs from available revenue (pay as you go basis) or borrow funds by incurring debt through notes or other obligations. Revenue allocation proceeds are deemed to be only a part of the proposed funding sources for the payment of public improvements and other project improvements. Additionally, project funding is proposed to be phased for the improvements, allowing various sources of funds to be accumulated for use. 502.1 Economic Feasibility Study Attachment 5 constitutes the Economic Feasibility Study (the "Study"), prepared by Brent J. Tolman, Outwest Policy Advisors. The Study constitutes the financial analysis required by the Act and is based upon existing information from the developers, the Agency, the City and others. 29 502.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachment 5 assumes certain completed and projected actions. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of indebtedness (and all other loans or indebtedness), developer reimbursement and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the development take place as projected, the project indebtedness could be extinguished earlier, dependent upon other legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term of the Plan. The Plan and the Plan Attachments incorporate estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Plan proposes certain public improvements as set forth in Attachment 5, which will facilitate development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency and its consultants through public sources or discussions with property owners, developers, City and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then -current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency reserves the right to fund the Project on a "pay as you go" basis. The Agency Board will prioritize the activities set forth in this Plan and determine what funds are available and what activities can be funded. The Agency will establish those priorities through its mandated annual budgetary process. The assumptions concerning revenue allocation proceeds are based upon certain anticipated development, assessed value increases, and assumed tax levy rates as more specifically set forth in Attachment 5. In projecting new construction, the Study considered the proposed project plans provided by the developers, the developers' anticipated build -out timeline, and historical market absorption rates for commercial and residential improvements. The types of new construction expected in the Project Area are: commercial uses, which may include, office, medical and nursing facility, hospitality and retail; residential uses, including residential above retail and office, live -work residences, higher density townhome, and single-family homes; and light industrial uses, including residential above light manufacturing, light manufacturing/employer facilities, and shipping hubs. Developers have identified significant interest in these development types. The Project Area has potential for a significant increase in residential growth as interest has been expressed for new construction single family, condominium and higher density living, particularly with regard to community amenities, such as, walkability, bike, and other pathways. Property owners and/or developers have expressed 30 significant interest in this Project Area. However, due to the substantial costs, without a method to construct the identified public improvements such as main water and sewer lines and street infrastructure, development is unlikely to occur in much of the Project Area. The financial analysis set forth in Attachment 5 has taken into account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50-2908. It is understood that application of certain exemptions, including the homeowner's exemption and Idaho Code § 63-602K, which provides for personal property tax exemption to businesses may have the effect of reducing the increment value, which in turn reduces revenue. 502.3 Ten Percent Limitation Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent (10%) of the current assessed taxable value for the entire City. According to the Bannock County Assessor, the assessed taxable value for the City as of January 1, 2020, less homeowners' exemptions, is $974,520,474.00. Therefore, the 10% limit is $97,452,074.00. The 2020 adjusted base assessed value of each of the existing revenue allocation areas and the estimated base value for the proposed Project Area (after the agricultural exemption is lifted 6) and another proposed project area is as follows: Chubbuck Downtown Improvement Project RAA $13,249,883.00 Pine Ridge Mall RAA $30,026,386.00 Northside Crossing (the Project Area) $501,066.00 Harvest Springs RAA (proposed) $271,676.00 TOTAL: $44,049,011.00 The base values for the combined revenue allocation areas total $44,049,011.00, which is less than 10% of the City's 2020 value. 6 Pursuant to House Bill 560 enacted during the 2020 Legislative Session, as of July 1, 2020, there is no longer a speculative value exemption for agricultural land. Instead, the market value of land actively devoted to agriculture is its "actual use value." This statutory change will have an impact on the current allocation of value between the base value and the increment value as there is no longer an agricultural tax exemption. Previously, any increase in valuation caused by the removal of the agricultural tax exemption from undeveloped agricultural land in a revenue allocation area was added to the base assessment roll. With the removal of the exemption, going forward the base value of agricultural land will be the actual use value. To be conservative, this Plan has considered an increase in the base assessment roll stemming from the removal of any existing agricultural exemptions. 31 502.4 Financial Limitation The Study identifies several capital improvement projects. Use of any particular funding source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limitations set forth in the Law, the Act, or by contract. If revenue allocation funds are unavailable, then the Agency will need to use a different funding source for that improvement. The amount of funds available to the Agency from revenue allocation financing is directly related to the assessed value of new improvements within the Revenue Allocation Area. Under the Act, the Agency is allowed the revenue allocation generated from inflationary increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources including proposed revenue allocation notes, annual revenue allocations, developer contributions, city contributions, interfund loan, and other funds are shown. This Study identifies the kind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing illustrating project costs, and the time when related costs or monetary obligations are to be incurred. See Idaho Code § 50-2905. Based on these funding sources, the conclusion is that the Project is feasible. The information contained in the Study assumes certain projected actions. First, the Agency has projected an interfund loan from the Agency to cover preliminary planning costs. Additionally, the Agency has projected an advance from the developers to fund certain public improvements, and participation by the City in funding certain water and sewer improvements. Certain eligible improvements are anticipated to be reimbursed to the developers and/or City through owner participation agreements. These projections do not bind the City to fund any improvements. Any City participation is subject to the City's annual appropriation process. Under the provisions of the Act, the revenue allocation may continue until the end of the Plan term. Second, the total amount of indebtedness and the amount of revenue generated by revenue allocation is dependent upon the extent and timing of private development. The Agency may also re -prioritize projects and the location of those projects pursuant to market conditions, project timing, funding availability, etc. as more specifically detailed in the annual budget. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts projected in the Study for the purpose of funding the additional identified projects and improvements. The projections in the Study are based on reasonable assumptions and existing market conditions. However, should the Project Area result in greater than anticipated revenues, the Agency specifically reserves the ability to fund the additional activities and projects identified in this Plan. Further, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the 32 improvements and activities identified, including but not limited to owner participation agreements and disposition and development agreements. The Agency may also, re -prioritize projects pursuant to market conditions, project timing, funding availability, etc. as more specifically detailed in the annual budget. The proposed timing for the public improvements may very well have to be adjusted depending upon the availability of some of the funds and the Agency's ability to finance any portion of the Project. Any adjustment to Project timing or funding is technical or ministerial in nature and shall not be considered a modification of the Plan pursuant to Idaho Code Section 50-2903A. Attachment 5 lists those public improvements the Agency may reimburse the developer and public entities for through the term of the Plan. The costs of improvements are estimates only as it is impossible to know with any certainty what the costs of improvements will be in future years. There is general recognition that construction costs fluctuate and are impacted by future unknowns, such as, the cost of materials and laborers. Final costs will be determined by way of construction contract public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the Agency (or City) to any particular level of funding; rather, identification of the activity in the Plan allows the Agency to negotiate the terms of any reimbursement with the developer and/or the public entities. This Plan does not financially bind or obligate the Agency (or City) to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any participation agreement and in the annual budget adopted by the Agency Board. The proposed location and siting of roads and utilities in the Project Area is generally shown in Attachment 5 recognizing that the specific location of roads and utilities will depend on the type and timing of development. The change in the location of the improvements shown on Attachment 5 does not constitute a modification to the Plan. The Agency reserves its discretion and flexibility in deciding which improvements are more critical for development or redevelopment, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. Where applicable, the Agency also intends to coordinate its participation in the public improvements with the receipt of certain grants or loans which may require the Agency's participation in some combination with the grant and loan funding. Generally, the Agency expects to develop those improvements identified in Attachment 5 first, in conjunction with private development within the Project Area generating the increment as identified in Attachment 5. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. 33 502.5 [Reserved] 502.6 Participation with Local Improvement Districts Under the Idaho Local Improvement ("LID") District Code, Chapter 17, Title 50, Idaho Code, the City has the authority to establish local improvement districts for various public facilities, including, but not limited to, streets, curbs, gutters, sidewalks, storm drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation, to participate in the funding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. 502.7 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 502.8 Impact on Other Taxing Districts and Levy Rate An estimate of the overall impact of the revenue allocation project on each taxing district is shown in the Study through the new development projections set forth in Attachment 5. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in which a revenue allocation area is approved by a municipality, with periodic adjustments allowed by Idaho law. The increment value is the difference between the adjusted base assessed value and current assessed value in any given year while the property is in a revenue allocation area. Under Idaho Code § 63-802, taxing entities are constrained in establishing levy rates by the amount each budget of each taxing district can increase on an annual basis. Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Idaho Code § 63-802. Therefore, the impact of revenue allocation on the taxing entities is more of a product of the imposition of Idaho Code § 63-802, then the effect of urban renewal. The County Board of Commissioners calculates the levy rate required to produce the proposed budget amount for each taxing entity using the assessed values which are subject to each taxing entity's levy rate. Assessed values in urban renewal districts which are subject to revenue allocation (incremental values) are not included in this calculation. The combined levy rate for the taxing entities is applied to the incremental property values in a revenue allocation area to determine the amount of property tax revenue which is allocated to an urban renewal agency. The property taxes generated by the base values in the urban renewal districts and by properties outside revenue allocation areas are distributed to the other taxing entities. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue 34 allocation area. The difference is how the revenue is distributed. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected during the term of the Plan; hence, there would be lower increases in assessed valuation to be used by the other taxing entities. One result of new construction occurring outside the revenue allocation area (Idaho Code §§ 63-802 and 63-301A) is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction. From and after December 31, 2006, Idaho Code § 63-301A prohibits taxing entities from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area is not available for inclusion by the taxing entities to increase their budgets. Upon termination of this Plan or deannexation of area, the taxing entities will be able to include the accumulated new construction roll value in setting the following year's budget and revenue from such value is not limited to the three percent increase allowed in Idaho Code § 63-802(1)(a). As the 2020 certified levy rates are not determined until late September 2020, the 2019 certified levy rates have been used in the Study for purposes of the analysis. For Tax Year 2019, those districts and rates for the parcels located within the City are as follows:8 Taxing Districts Lew Rates: Bannock County .004845317 Bannock County Abatement District .000030244 Bannock County Ambulance .000350390 Bannock County Road & Bridge .000525492 City of Chubbuck .009459658 Pocatello School #25 0 Portneuf Free Library .000521877 TOTALS 0.015732978 The Study has made certain assumptions concerning the levy rate. First, the levy rate is estimated to stay level until the existing Chubbuck Downtown Improvement Project RAA terminates. Thereafter, the total levy rate is projected to be reduced by 2% in 202310, with an annual reduction of 1% until 2026, until the levy rate is projected to remain constant for the 7 Due to the timing of the taxing districts' budget and levy setting process, certification of the 2020 levy rates did not occur until this Plan had been prepared. In order to provide a basis to analyze the impact on the taxing entities, the 2019 levy rates are used. Use of the 2019 levy rates provides a more accurate base than estimating the 2020 levy rates. 8 It is unclear how the personal property tax exemption set forth in Idaho Code § 63-602KK may impact the levy rate. 9 Net of voter approved bonds and levies. io The 2023 levy rate generates revenue for 2024. 35 remaining life of the revenue allocation area. Second, the annual increment value is expected to increase by approximately 3% (1% annual increase in land values and a 2% annual increase in improvement values) over the term of the Plan once the improvements have been completed and fully assessed by the County. If the overall levy rate is less than projected, or if expected development fails to occur as estimated, the Agency shall receive fewer funds from revenue allocation. Finally, administrative costs are projected to be 20% annually, with a cap of $50,000/year. Pursuant to Idaho Code § 50-2908, the Agency is not entitled to revenue allocation proceeds from certain levy increases which are allowed by either specific statutory authorization or approved by an election of the qualified electors of the particular taxing district. Therefore, for any levy election, the Agency will not receive revenue allocation funds which would have been generated by imposing that levy on the assessed valuation within the Project Area. The Study has taken this statute into account. This is also the reason there is limited impact to the Pocatello School District #25. 503 Phasing and Other Fund Sources The Agency anticipates funding only a portion of the entire cost of the public improvements shown on Attachment 5. Other sources of funds shall include City funding (as may be budgeted annually by the City), and developer participation. Agency participation shall be determined by the amount of revenue allocation funds generated. 504 Lease Revenue and Bonds Under the Law (Idaho Code § 50-2012), the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing, the public entity would pay the Agency a lease payment annually which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing, which provides a mechanism where the Agency uses its bonding authority for the Project, with the end user making payments to the Agency to retire the bond debt. These sources of revenues are not related to revenue allocation funds and are not particularly noted in the Study, because of the "pass through" aspects of the financing. Under the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency's financial model. These financing models typically are for a longer period of time than the 20 -year period set forth in the Act. However, these financing models do not involve revenue allocation funds, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code § 50-2905(8) as those resources involve funds not related to revenue allocation funds. 36 505 Membership Dues and Support of Community Economic Development The Act is premised upon economic development being a valid public purpose. To the extent allowed by the Law and the Act, the Agency reserves the authority to use revenue allocation funds to contract with non-profit and charitable organizations established for the purpose of supporting economic development and job creation. Additionally, the Agency reserves the authority to expend revenue allocation funds to join, participate and support non- profit organizations established to support Agency best practices and administration. The line item of Operating Expenses within the Study shall be deemed to include expenditures for the purposes described in this section as may be deemed appropriate during the annual budgetary process. 600 ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing deterioration. Actions by the City may include, but not be limited to, the following: a. Institution and completion of proceedings necessary for changes and improvements in private and publicly owned public utilities within or affecting the Project Area. b. Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan. C. Imposition wherever necessary of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. d. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency may develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan. e. Building Code enforcement. f. Performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. Institution and completion of proceedings necessary for the establishment of a local improvement district under Chapter 17, Title 50, Idaho Code. 37 h. The undertaking and completing of any other proceedings necessary to carry out the Project. Administration of Community Development Block Grant funds that may be made available for this Project. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. k. The waiver of any hookup or installation fee for sewer, water, or other utility services for any facility owned by any public agency, including any Agency facility. 1. Joint funding of certain public improvements, including but not limited to improvements to sewer and water facilities. In. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan. n. The waiver of any city impact fee for development within the Project Area. o. Assist with coordinating and implementing the public improvements in the Project Area identified in the Study. The foregoing actions, if taken by the City, and/or as may be shown in Attachment 5 do not constitute any commitment for financial outlays by the City. 601 Maintenance of Public Improvements The Agency has not identified any commitment or obligation for long-term maintenance of the public improvements identified. The Agency will need to address this issue with the appropriate entity, public or private, who has benefited from or is involved in the ongoing preservation of the public improvement. 700 ENFORCEMENT The administration and enforcement of this Plan, including the preparation and execution of any documents implementing this Plan, shall be performed by the Agency and/or the City. 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date of the Plan subject to modifications and/or extensions set forth in Idaho Code § 50-2904. The revenue allocation authority will expire on December 31, 2040, except for any revenue allocation proceeds received in calendar year 2041, as contemplated by Idaho Code § 50-2905(7). The Agency may use proceeds in 2041 to complete the projects set forth herein. As stated in the Plan, any owner participation agreement or disposition and development agreement obligations will cease as of December 31, 2040. Idaho Code § 50-2093(5) provides the Agency shall adopt a resolution of intent to terminate the revenue allocation area by September 1. In order to provide sufficient notice of termination to the affected taxing districts to allow them to benefit from the increased budget capacity, the Agency will use its best efforts to provide notice of its intent to terminate this Plan and its revenue allocation authority by May 1, 2041, or if the Agency determines an earlier terminate date, then by May 1 of the early termination year: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the Agency funded through revenue allocation proceeds shall be satisfied and the Agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Idaho Code § 50- 2908 shall thereupon cease; any moneys in such fund or funds in excess of the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the Revenue Allocation Area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the Revenue Allocation Area; and the powers granted to the urban renewal agency under Idaho Code § 50-2909 shall thereupon terminate. b. In determining the termination date, the Plan shall recognize that the Agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the Plan. For the fiscal year that immediately predates the termination date, the Agency shall adopt and publish a budget specifically for the projected revenues and expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January 1 of the termination year pursuant to the terms of Idaho Code § 50-2909(4). In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years, by May 1, but in any event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Idaho Code § 50-2909 should a surplus be determined 39 to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Idaho Code § 63-215. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, subject to the following paragraph, the Agency intends to dispose of any remaining assets by granting or conveying or dedicating such assets to the City, unless based on the nature of the asset, disposition to another public entity is more appropriate. As allowed by Idaho Code § 50-2905(8), the Agency may retain assets or revenues generated from such assets as long as the Agency shall have resources other than revenue allocation funds to operate and manage such assets. Similarly, facilities which provide a lease income stream to the Agency for full retirement of the facility debt will allow the Agency to meet debt services obligations and provide for the continued operation and management of the facility. 900 PROCEDURE FOR AMENDMENT OR MODIFICATION To the extent there is any outstanding loans or obligations, this Plan shall not be modified pursuant to the provisions set forth in Idaho Code § 50-2903A. Modification of this Plan results in a reset of the base value for the year immediately following the year in which the modification occurred to include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream as more fully set forth in Idaho Code § 50-2903A subject to certain limited exceptions contained therein, including the exception to allow an amendment to support growth of an existing commercial or industrial project. I.C. § 50-2903A(1)(a)(iv). As more specifically identified above, the Agency's projections are based on estimated values, estimated levy rates, estimated future development, and estimated costs of future construction/improvements. Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not deemed a modification under Idaho Code § 50- 2903A(1)(a)(i). 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency's activities for the preceding calendar year, which report shall M include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. This annual report shall be considered at a public meeting to report these findings and take comments from the public. Additionally, the Agency must comply with certain other reporting requirements as set forth in Idaho Code § 67-450E, the local government registry portal, Idaho Code § 50-2913, the tax commission plan repository, and Idaho Code § 50-2903A, the tax commission's plan modification annual attestation. Failure to report the information requested under any of these statutes results in significant penalties, including loss of increment revenue, and the imposition of other compliance measures by the Ada County Board of County Commissioners. 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. 41 Attachment 1 Boundary Map of Urban Renewal Project Area and Revenue Allocation Area DISPLAY MAP FOR: NORTHSIDE CROSSING TIFF DISTRICT LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34 AND THE WEST 1/2 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO 27 MVEE ROAD 27 34 S 89°47'15" E 1057.19' N 8050'33" E 81.42' 0 =10°03'16" �3RADIUS = 2950.00' I� ARC LENGTH = 517.67' CHORD = N 3°48'55" E 517.01' JJAR INVESTMENT, LLC INST. NO. 21005389 I I 100.00' WIDE UNION JYY, LLC PACIFIC RAILROAD INST. NO. 22002188 RIGHT-OF-WAY I i N 89043'27" W 2658.52' 34' IO I� JJAR INVESTMENT, LLC dM' INST. NO. 21005389 N r o r I Z I - - - JYY, LLC TAILWIND SUBDIVISION INST. NO. 21901 INST. NO. 20727165 I I I "NORTISE PLAZA. I INST. NO. 621576 I PI yl Z I I '3'F N 89°36'44" W 2650.75' NORTHSIDE CROSSING - DIVISION 1 INST. NO. 21918163 N 89036'44" W 984.3 �oI 00 061 N W 0 O Z 34 /POINT OF BEGINNING 26 S 89°46'49" E 2637.82' 26 35 S 89046'49" E 1485.77' 1152.05' 35 10 00 M 00 N CO co 04 W 0 "tI O, ii N 0° 12'45" E S 13011'58" W 25.00' 241.08' S 26017'16" W 314.45' S 18021'19" W 318.85' M STEVEN ALLEN WILSON Co INST. NO. 21404143 cc (EXCEPTED PARCEL) C O KENT L. YOST 'M INST. NO. 21008325 M 0 i JW, LLC INST. NO. 22008048 cM - ti K (D O IM 0 I� I TOTAL PROJECT AREA 229.89 ACRES + S 1013'28" E 352.00' S 8000'48" E 396.63' KEVIN LOVELAND & ANN LOVELAND INST. NO. 21213964 THE JEFFERY D. DRISCOLL OR JULIE P. DRISCOLL REVOCABLE TRUST INST. NO. 21806673 SS 5�" E 583.20') CITY OF CHUBBUCK I INST. NO. 21602283 ■ N 89046'42" W 1184.49' M O RANDY MERICA & M TERESA MERICA NORTH N INST. NO. 896747 T_ C GRAPHIC SCALE L400 0 200 400 0 (n ( IN FEET ) 1 inch = 400' 5 — F-1 p 3 2 NEW DA Y PARKWA Y (FORMERL Y SIPHON ROAD) DRAWN BY-. SEAN O'BRIEN FILE LOCATION: R:\17\YOST, LYN\NORTHSIDE CROSSING - 17120\SURV\CAD\09-04-20 INSIDE XING TIFF.DWG N. CRAIG SIMONS & KIMBERLEE LYNN SIMONS INST. NO. 897138 35 2 i?/r1ES Engineers a Surveyors a Planners 30158th St. W. 8138 a Williston, NO 58801 * (701) 572-0110 800 E. Oak St, a Pocatello, l0 83201 a (208) 234-0110 Attachment 2 Legal Description of Urban Renewal Project Area and Revenue Allocation Area Engineers * Surveyors • Planners 3Of 56th St. W. ,#f38 + Williston, NO 58801 • /701J 572.Of fO 600 E. Oak St. + Pocalefla 10 83201 • /20812.74.0Y f 0 www. rmes. biz LEGAL DESCRIPTION — NORTHSIDE CROSSING TIFF DISTRICT A TRACT OF LAND LOCATED IN THE EAST 1/2 OF SECTION 34 AND THE WEST 1/2 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 FAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 35, BEING MONUMENTED BY A RAILROAD SPIKE 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 (BASIS OF BEARINGS PER THE CENTRAL MERIDIAN OF THE EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM), ALONG THE NORTH LINE OF SECTION 35, 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 13011'58" WEST A DISTANCE OF 241.08 FEET; 2. SOUTH 26°17'16" WEST A DISTANCE OF 314.45 FEET; 3. SOUTH 18°21'19" WEST A DISTANCE OF 318.85 FEET; 4. SOUTH 9`31'31" WEST A DISTANCE OF 808.83 FEET; 5. 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 8°00'48" 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 89°46'42" WEST A DISTANCE OF 1184.49 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 35; 2. SOUTH 0014'09" WEST A DISTANCE OF 1293.83 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF NEW DAY PARKWAY (FORMERLY SIPHON ROAD); THENCE NORTH 89°36'44" WEST A DISTANCE OF 984.32 FEET TO A POINT ON THE EAST RIGHT- OF-WAY LINE FOR THE UNION PACIFIC RAILROAD; Focused on Solutions Civil ♦ Environmental ♦ Transportation 1 Planning 1 Land Development A Municipal ♦ Surveying THENCE FOLLOWING ALONG SAID RIGHT-OF-WAY LINE OVER THE FOLLOWING THREE (3) COURSES: 1. NORTH 1012'43" WEST A DISTANCE OF 4643.47 FEET TO A POINT OF TANGENCY WITH A 2950.00' RADIUS CURVE WHOSE CENTER BEARS NORTH 88°47'17" EAST; 2. FOLLOWING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1003'16" FOR AN ARC LENGTH OF 517.67 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 850'33" EAST A DISTANCE OF 81.42 FEET, MORE OR LESS, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF TYHEE ROAD; THENCE SOUTH 89047'15" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF TYHEE ROAD, A DISTANCE OF 1057.19 FEET TO A POINT ON THE WEST LINE OF SECTION 35; THENCE NORTH 0012'45" EAST, ALONG THE WEST LINE OF SECTION 35, 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 (recorded 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 Total of 1.14 acres (recorded as 1.04 Acres) �NGNEEp .� �OVS T IF 9�0 'O Q d TOTAL PROJECT AREA IS 229.89 ACRES, MORE OR LESS o 2341 -k. � T�TFOFIO4'� Ci R ��• CORN���50 Focused on Solutions Civil 4 Environmental + Transportation + Planning + Land Development + Municipal + Surveying Attachment 3 Private Properties Which May Be Acquired by Agency The Agency has not identified any particular parcel for acquisition for the construction of public improvements or for private redevelopment. Properties which may be subject to acquisition include parcels to: a) assemble with adjacent parcels to facilitate redevelopment; b) assemble with adjacent rights-of-way to improve configuration and enlarge parcels for redevelopment; C) reconfigure sites for development and possible extension of streets or pathways; d) assemble for future transfer to qualified developers to facilitate the development of mixed-use, residential, commercial, and retail areas; or e) assemble for the construction of certain public improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental remediation/site preparation, public parking, community facilities, parks, pedestrian/bike paths and trails, recreation access points, and other public facilities. 2. The Agency reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The Agency reserves the right to acquire property needed to provide adequately sized sites for high priority projects for the development of public improvements (the exact location of which has not been determined). 4. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration projects, constructing public parking, constructing new streets or pathways, enhancing public spaces, or to implement other elements of the urban renewal plan strategy and/or any master plan for the Project Area. Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area I* 1, Ar ti- + ..., ti. � 4ji Northside Crossing TIFF District ® Northside Crossing TIFF District Future Land Use Designation 11111110 Commercial 11111110 Employment Low Density = Medium Density 11111110 Mixed Use 0 '/a % Miles I i I --==ter Tailwind Cir 3 Southside Way IU � Northside Crossing TIFF District m Northside Crossing TIFF District Zoning Agriculture (A) Single Family Residential (R-1) Limited Residential (R-2) Limited Commercial (C-1) General Commercial (C-2) Industrial (I) Creative Community t 14 f f.?, - - a .Ar r r f i Ne� o N 4-- v Pocano St N v N Ham 0 '/4 MMi (oanoke Dr :► Attachment 5 Economic Feasibility Study CHUBBUCK, IHDAHO FINANCIAL FEASIBILITY STUDY NORTHSIDE CROSSING URBAN RENEWAL PROJECT PREPARED BY: ODTWEST P®LICY ADVISORS BURLEY, IDAHO Outwest Policy Advisors Burley, Idaho INTRODUCTION In October of 2016 Brent Tolman founded Outwest Policy Advisors to assist Idaho communities with economic, workforce, and urban renewal development policy and activities. Brent has a passion for helping Idaho communities grow and prosper and continue to offer unique qualities and opportunities only found in rural America; and by all rights, Idaho is still considered a rural state. Outwest Policy Advisors provides Executive Director and Consulting services to the Heyburn Urban Renewal Agency, the Jerome County Urban Renewal Agency, and the Rigby Urban Renewal Agency. Brent earned an Executive Master of Business Administration from Boise State University and is a State of Idaho Certified Public Manager. Through our work with Urban Renewal Agencies across southern Idaho, Outwest Policy Advisors has developed the knowledge and insight to guide communities on public projects that help to attract new jobs and expand community offerings and enhance the quality of life. Outwest Policy Advisors has completed or is working on the following projects: • McCain Foods URD Feasibility Study Update — Burley • The Boulevard — Heyburn • Business Park 208 — Heyburn • Crossroads Point Deannexation Plan Amendment—Jerome County • Crossroads Point Phase 2 —Jerome County • The Boulevard Plan Amendment — Heyburn • Process Improvement —Apex Drilling • Siphon Road West Eligibility Study Update 2020 — Chubbuck • Harvest Springs Feasibility Study — Chubbuck • Northside Crossing Feasibility Study — Chubbuck • Highway 48 West Eligibility Study — Rigby • Rigby Lake Eligibility Study — Rigby • South Rigby Eligibility Study — Rigby Urban renewal projects in Idaho are governed by the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code (the "Law") and the Local Economic Development Act, as amended, Chapter 29, Title 50, Idaho Code (the "Act"). This Feasibility Study for the Northside Crossing project area was prepared in accordance with the provisions of the Law and the Act and provides an analysis of the proposed project with respect to the anticipated revenue stream generated from incremental taxable value within the project area as well as highlights key factors affecting the local economy that necessitates the use of revenue allocation (tax increment) financing to meet the infrastructure needs of projected growth within the community. Outwest Policy Advisors 2 Burley, Idaho EXECUTIVE SUMMARY The City of Chubbuck (the "City") has experienced significant growth during the past decade. With consistent population increases, the City must make municipal services available to a larger geographic area to accommodate the growth in a managed and controlled manner. CHART 1 shows the change in City population and average annual employment from 2010 to 2019. CHART 1 Sterling's Best Places shows a population increase of 49.2% or 4,770 persons from 2000 to March of 2019.1 Of particular note is the number of new City residents that have located in the City from outside of Bannock County. TABLE 1 1 https://www.bestplaces.net/people/city/idaho/chubbuck Outwest Policy Advisors 3 Burley, Idaho 2010 2019 Population 13,036 14,470 Different County 1,010 1,304 Total housing units 4,601 5,259 Occupied housing units 4,453 5,131 Vacant housing units 148 128 Homeowner vacancy rate 3.1% 0.9% Rental vacancy rate 3.6% 1.5% Median Rent (dollars) $ 626.00 $ 847.00 1 https://www.bestplaces.net/people/city/idaho/chubbuck Outwest Policy Advisors 3 Burley, Idaho Not only has the population of Chubbuck increased during the past decade, the number of business establishments and correspondingly the number of employees has increased as shown in CHART 2 below. CHART 2 PROJECT AREA The project area is generally located at the northwest intersection of New Day Parkway and Interstate 15. It is bounded on the east by Hiline Road, the Union Pacific Railroad on the west, and Tyhee Road on the North. The project area consists of seven parcels totaling approximately 226 acres. The approximate area includes the shaded area in the picture below. Outwest Policy Advisors Burley, Idaho 4 The Northside Crossing project is proposed as a mixed-use development consisting of both commercial and residential properties. The City approved a Creative Community zoning that encourages such mixed-use developments. This zoning allows the Urban Renewal Agency for the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority (CDA) the ability to negotiate specific agreements with developers that align with the City's comprehensive plan Our Valley, Our Vision. In December 2018 the CDA adopted a policy, which may be amended from time to time, governing the Agency's commitment to paying for certain public infrastructure improvements and the proposed development is anticipated to be subject to that policy for purposes of analyzing the economic feasibility of the project. EXISTING LAND USES Current land use within the proposed project area is primarily irrigated agricultural activity. As such, it will be necessary to secure an agricultural operation consent to include those parcels Outwest Policy Advisors 5 Burley, Idaho within the boundaries of the urban renewal project area. The owner has signed an agricultural operation consent indicating their willingness to include the proposed project area in a revenue allocation area. VALUATION OF URBAN RENEWAL AREAS The following calculations show the adjusted base assessed values of all existing and the projected base assessed values of the proposed Revenue Allocation Areas in the City. In compliance with Idaho Code 50-2903(15) these calculations demonstrate that the combined base assessed values of the existing and proposed revenue allocation areas do not exceed 10% of the current assessed valuation of all taxable property within the City. Existing Revenue Allocation Areas Central Chubbuck URD (expires in 2022) Pine Ridge Mall URD Proposed Revenue Allocation Areas Harvest Springs Northside Crossing Total Base Valuation of existing and Proposed RAA's Value Year of Valuation $13,249,883 2020 $30,026,386 2020 Value Year of Valuation $ 271,676 2020 $ 501,066 2020 $44,049,011 Total Base Value of Existing and proposed RAA's totals $44,049,011. The current taxable value for the City is $974,520,474. As limited by Idaho Code 50-2903(15), "The base assessment roll or rolls of revenue allocation area or areas shall not exceed at any time ten percent (10%) of the current assessed valuation of all taxable property within the municipality." Therefore, the ten percent (10%) limitation amount is $97,452,074. As evidenced in this calculation, the total base value for the current RAA's, and the proposed RAA's do not exceed the statutory limitation. PUBLIC IMPROVEMENTS The land as it currently sits is unsuitable for development as contemplated by the City's Comprehensive Plan as it lacks adequate public infrastructure to facilitate private development. To make the land conducive to development, the developer has requested assistance with certain public infrastructure improvements shown in TABLE 1. The estimated cost of improvements is in 2019 dollars and does not factor inflationary increases. As shown, for purposes of determining economic feasibility of the project, CDA anticipates only funding a portion of the public infrastructure improvements costs pursuant to CDA's existing participation policy. Outwest Policy Advisors N Burley, Idaho TABLE 1 Proposed Public Improvements2 CATEGORY TOTAL COST TAX INCREMENT FUNDED AMENITIES $1,740,550 $1,655,550 CONCRETE $2,251,330 $1,480,272 DEMO/EARTHWORK $1,574,361 $980,258 ELECTRICAL\DISTRIBUTION $1,774,000 $1,265,550 EROSION CONTROL $388,657 $244,282 IRRIGATION $1,884,086 $1,396,342 MISC $11,451,076 $7,851,132 ROADWAYS Project Roadways $10,157,306 $6,664,408 * Traffic Study $100,000 $100,000 * Tyhee\Hiline\Harvest Springs intersection $1,500,000 $1,500,000 * ^ Tyhee\Yellowstone intersection $500,000 $500,000 * ^ Widen Tyhee $1,100,000 $1,100,000 * ^ Whitaker\New Day Signal $650,000 $650,000 * ^ Whitaker\Tyhee Signal $650,000 $650,000 * ^ Well 7 complex $2,900,000 $2,900,000 SEWER $2,197,696 $1,410,344 STORM $2,072,269 $1,294,562 WATER 7 $3,302,473 $2,089,377 STRCTION F NCING 21,596 TOTALS 1 $48,715,400 $35,443,662 *The costs shown here are the estimated portion of costs associated with the Northside Crossing development ^ These proposed projects are outside the boundary of the project area and are currently located within unincorporated Bannock County. These projects are a benefit to and needed by the proposed development within the project area. Construction of these projects will not proceed unless and until these improvement areas are annexed by the City. This project does not intend to exercise jurisdiction over property within unincorporated Bannock County; rather, the Study has included the costs for analysis of economic feasibility. Z The proposed public improvement costs were provided by the developer and reviewed by CDA staff. The reimbursable portion of costs complies with CDA Resolution 2018-4 governing the use of incremental tax revenues to pay for certain public infrastructure improvements. CDA Resolution 2018-4 was adopted by the Agency on December 18, 2018. Outwest Policy Advisors Burley, Idaho 7 TAX LEVY RATES The 2019 certified tax levies shown in TABLE 2 are used to develop the cash flow projections from the incremental values generated within the development. This study takes into consideration the impact of termination of the Chubbuck Central Development project in 2022, with revenues to be received by CDA in 2023, and incorporates estimated impact on tax levies following the anticipated termination in 2023. The calculation of future tax levies due to the termination of the plan is governed by IDAPA Rule 802.06 and IDAPA Rule 803-805. hL13NVa Affected Taxing Districts3 Taxing District District TaxY Lev To URD Tax levy Applied to URD Ambulance District 0.000350390 Y 0.000350390 City of Chubbuck 0.009459658 Y 0.009459658 Bannock County 0.004845317 Y 0.004845317 County Road & Bridge 0.000525492 Y 0.000525492 Mosquito Abatement District 0.000030244 Y 0.000030244 Pocatello Sch. District 25 0.000000000 Y 0.000000000 Portneuf Free Library 0.000521877 Y 0.000521877 School District #25 Plant & Facilities 0.001284506 N 0.000000000 Sch District #25 Supplemental 0.002042726 N 0.000000000 State 0.000000000 Y 0.000000000 TOTAL 0.019060210 0.015732978 s The distribution of tax revenues generated by these tax levies was provided by the Bannock City Treasurer's office. As shown on the Projected Tax Increment Revenues page of the financial analysis, these rates are projected to change when the Chubbuck Downtown urban renewal district terminates on December 2022, recognizing revenues shall be received by CDA in 2023. Outwest Policy Advisors Burley, Idaho I. :f r�rirrnrr H FINANCING OPTIONS Several financing options are available to fund the construction of the public improvements intended in the Project Area. These include but are not limited to: • Tax Increment Financing/Revenue Allocation • Improvements and/or payments by developers (owner/developer advanced funding of certain public infrastructure improvements) • City Enterprise Funds • Local Improvement District (LID) • Development Impact Fees • Grants from federal, state, regional agencies and/or private entities TAX INCREMENT FINANCING/REVENUE ALLOCATION Tax Increment Financing (TIF) funds are generated from the increased taxable value of new development occurring on property that has been found to be eligible for inclusion in an urban renewal plan due to its deteriorated or deteriorating condition. Such property is deemed to have a base assessment role value as of January 1 in the year an urban renewal plan with a revenue allocation financing provision is adopted by the Chubbuck City Council. Any development that increases the taxable value above the base value constitutes the "incremental taxable value." The tax revenues generated by this incremental taxable value are allocated to the designated urban renewal agency for use in accordance with the Plan. IMPROVEMENTS PAID BY DEVELOPER Investment in public infrastructure can occur through direct investment of the incremental tax revenues or through a public-private partnership with a third party that invests in the infrastructure improvements and is repaid for that investment over time as revenues are generated. This is often a development entity which fronts the costs of the public infrastructure and receives a portion of the tax increment revenues to repay that investment. CITY ENTERPRISE FUNDS As permitted by Idaho law, and as appropriately budgeted by the City Council through its annual budgeting process, the City may provide advances or contribution for certain public improvements. Under such conditions the City may be considered a reimbursable partner in the development and incremental tax revenues generated by the Project could be allocated between the Developer, the Agency, and the City in predetermined percentages or fixed amounts. The City has identified certain improvement that could be paid for using City Enterprise Funds, recognizing identification of such funds is not a Outwest Policy Advisors Burley, Idaho binding allocation of funds. Anticipated City participation, if any, in funding projects is for purposes of determining the economic feasibility of the project, but is non-binding on the City. The future contribution by the City in any project would be determined pursuant to the City's annual budgeting process. The Sources and Uses of Funds as shown in EXHIBIT C estimates the future availability of City Enterprise Funds for improvements to the water, sewer, and irrigation systems. The Financial Analysis contemplates the City being reimbursed for these improvements from the projected tax increment revenues. LOCAL IMPROVEMENT DISTRICTS Assessment areas, created through local improvement districts, are another means of funding the timing gap between when funds are needed and when they are generated. This financing mechanism allocates an "assessment" among property owners based on the benefit to the various property owners from the improvements being made. Assessments made for new development where only one, or a small number of developers is involved, are generally based on acreage. Then the tax-exempt bonds can be issued using the City's tax-exempt status. The property is the collateral for the bond and the revenue stream is the commitment of the property owner(s) to make the payments. Generally, this type of bond requires a 3:1 or 4:1 ratio in the market of currently appraised value (including the funded improvements) to the cost of the improvements in order to be sold. In the event the property owner is not able to, or chooses not to, make the bond payments, foreclosure action can be taken against the property. Given the lack of current development and a lack of multiple property owners among whom an assessment could be split, this method is not a feasible option. DEVELOPMENT IMPACT FEES While still a potential resource, development impact fees are being utilized less frequently than in years past. Part of the reason for this is the law is very stringent on how such impact fees are administered and for what purposes they may be utilized. The City charges a connection fee for water and sewer but does not charge an additional impact fee. The connection fees are tracked in separate capital accounts for each system and can be used city-wide. When a new large development is planned, such connection fees generally do not generate adequate revenues to fund the total cost of the required public infrastructure improvements. Impact fees would generally be payable to the municipality where the development is to occur. As the City does not charge a development fee in addition to system user connection fees, the use of Development Impact Fees is not available to pay for the proposed improvements. GRANTS — COMMUNITY DEVELOPMENT BLOCK GRANTS The City may apply for an Idaho Community Development Block Grant to help with public infrastructure improvements. Such application must meet the specific eligibility criteria Outwest Policy Advisors Burley, Idaho 10 and objectives including but not limited to impact on low -to -moderate income areas and job creation in disadvantaged areas. Funding for improvements under the block grant program would only be available to the City as specific development activities are identified and would require an application at the time of proposed development. As such, the financial projections included in this study do not contemplate the use of block grant funding though such funding could be applied for as specific projects develop. FINANCING RECOMMENDATION Based on the information provided by City staff, CDA staff and developer representatives, the most likely source of funds for public infrastructure improvements will come from advance funding by the Developer who will then be reimbursed a portion of those costs as set forth in a future owner participation agreement in the amount as outlined in CDA policy adopted through Resolution 2018-4, and as may be amended in the future. CASH FLOW ANALYSIS The purpose of this study is to determine if the tax increment revenue stream will generate sufficient cash flow to fund such reimbursable costs as determined by the Agency. Appendix A shows the anticipated revenues to the Agency based on the assumptions outlined below: ASSUMPTIONS: ➢ Land Values inflation per year 1.00% ➢ Improvement Values inflation per year 2.00% ➢ Administrative costs: 20.00% of annual Tax Increment revenues with a cap of $50,000/year ➢ Assumes 80% owner -occupied structures eligible for Homeowner's Exemption ➢ Property tax income available the year following completion of construction ➢ New construction values inflate on same basis as original improvement values ➢ IF APPLICABLE, Includes increased land value as a result of loss of AG Exclusion ➢ This projection assumes levy rates will be reduced by 2% in 2024 following closeout of the Chubbuck Downtown urban renewal plan, be reduced for 1% or each of the next four years then remain constant during the remaining life of the RAA Appendix B shows the projected sources and uses of funds, including Developer contributions, City Enterprise Funds (non-binding on the City), incremental tax revenues, and expenses for public improvements. Additionally, this also shows the projected reimbursement to the Developer for the public improvements as agreed by the Agency. Outwest Policy Advisors Burley, Idaho k 11 As proposed, the development is anticipated to generate sufficient incremental tax revenues over the life of the project. The projected incremental tax revenues are anticipated to exceed the total costs of the proposed public infrastructure. Based on the Agency's Resolution 2018-04 Standard Reimbursement Rates, the anticipated reimbursable infrastructure costs are estimated at 73% of the total estimated infrastructure costs. Anticipated Tax Increment Revenues $55,538,790 Total estimated public infrastructure costs $48,715,400 Estimated reimbursable public infrastructure costs $35,443,662 Idaho Property Tax Considerations The Idaho Legislature during its 2020 session appointed an interim Working Group to study the impacts of current property tax legislation across the state. This group is tasked with studying ways to lessen the impact of rapidly growing property assessed values and the resulting property tax on property owners. As such, there may be legislation introduced in the 2021 legislative session that will impact future homeowner (HO) exemption amount, the overall property tax computation, and/or the assessment process conducted by County Assessors, and if any such legislation passes it could impact the projected tax revenues included in this study. CONCLUSION Based on the analysis of the projected development, the impact of tax levies on the incremental value of the development, and overall project scope, the project will generate sufficient tax increment revenues to be able to fund the proposed public infrastructure provided the project develops as anticipated. Should the project be delayed or meet substantial roadblocks in development occurring as projected, the estimated tax increment revenues and ability to pay for such improvements will be reduced. Outwest Policy Advisors Burley, Idaho 12 Outwest Policy Advisors APPENDIX A ESTIMATED TAX INCREMENT REVENUES 13 Burley, Idaho 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Scenario: 1% annual increase in land Value and 2% annual increase in Improvement Value; Reduced tax levy following Downtown Chubbubk Plan termination on December 31, 2022 BASE AG Exemption Initial Land Value Initial Improvement Value Initial Base Value Value y $ 402,399 $ 98,657 $ 501,056 RAA Land Value w/ AG Improvement Total Assessed Value Initial Base Value Annual New Const. Value Cum. New Const Cumulative Cumulative Total Increment Value Tax Increment Funding for Capital YEAR Calendar Year exemption Base Value + w/AG ex Base Value w/AG ex Increase due to on tax roll Value + Inflation Homeowners' Taxable Value (Taxable Value - Base) Levy Rate Yields Admin Costs Projects/Debt +inflation inflation inflation Exemption Service 9 9 I Z 1,2 2,3,7 C+p_F 2 2,3,6 4 1,2,4,6,7 1,2,4,6,7 3 1 0 2020 $ 402,399 $ 98,657 $ 501,056 $ 501,056 $ - $ - $ - $ - $ - $ - 0.015732978 $ - $ - $ - 1 2021 $ 406,423 $ 100,630 $ 507,053 $ 501,056 $ 5,997 $ 18,600,000 $ 18,600,000 $ 1,920,000 $ 16,685,997 $ 16,184,941 0.015732978 $ 254,637 $ 50,000 $ 204,637 2 2022 $ 410,487 $ 102,643 $ 513,130 $ 501,056 $ 12,074 $ 11,797,000 $ 30,769,000 $ 2,640,000 $ 28,141,074 $ 27,640,018 0.015732978 $ 434,860 $ 50,000 $ 384,860 3 2023 $ 414,592 $ 104,696 $ 519,288 $ 501,056 $ 18,232 $ 18,285,610 $ 49,669,990 $ 3,440,000 $ 46,248,222 $ 45,747,166 0.015418318 $ 705,344 $ 50,000 $ 655,344 4 2024 $ 418,738 $ 106,790 $ 525,528 $ 501,056 $ 24,472 $ 12,840,179 $ 63,503,569 $ 2,560,000 $ 60,968,041 $ 60,466,985 0.015264135 $ 922,976 $ 50,000 $ 872,976 5 2025 $ 422,925 $ 108,925 $ 531,851 $ 501,056 $ 30,795 $ 12,329,579 $ 77,103,219 $ 2,400,000 $ 74,734,014 $ 74,232,958 0.015111494 $ 1,121,771 $ 50,000 $ 1,071,771 6 2026 $ 427,155 $ 111,104 $ 538,258 $ 501,056 $ 37,202 $ 12,656,249 $ 91,301,532 $ 2,480,000 $ 88,858,734 $ 88,357,678 0.014960379 $ 1,321,864 $ 50,000 $ 1,271,864 7 2027 $ 431,426 $ 113,326 $ 544,752 $ 501,056 $ 43,696 $ 22,826,157 $ 115,953,720 $ 4,880,000 $ 111,117,416 $ 110,616,360 0.014960379 $ 1,654,863 $ 50,000 $ 1,604,863 8 2028 $ 435,740 $ 115,592 $ 551,333 $ 501,056 $ 50,277 $ 19,460,184 $ 137,732,978 $ 3,840,000 $ 133,943,255 $ 133,442,199 0.014960379 $ 1,996,346 $ 50,000 $ 1,946,346 9 2029 $ 440,098 $ 117,904 $ 558,002 $ 501,056 $ 56,946 $ 21,121,520 $ 161,609,158 $ 3,920,000 $ 157,746,104 $ 157,245,048 0.014960379 $ 2,352,446 $ 50,000 $ 2,302,446 10 2030 $ 444,499 $ 120,262 $ 564,761 $ 501,056 $ 63,705 $ 21,713,030 $ 186,554,371 $ 4,080,000 $ 182,538,076 $ 182,037,020 0.014960379 $ 2,723,343 $ 50,000 $ 2,673,343 11 2031 $ 448,944 $ 122,668 $ 571,611 $ 501,056 $ 70,555 $ 19,352,396 $ 209,637,854 $ 3,840,000 $ 205,868,409 $ 205,367,353 0.014960379 $ 3,072,373 $ 50,000 $ 3,022,373 12 2032 $ 453,433 $ 125,121 $ 578,554 $ 501,056 $ 77,498 $ 17,441,347 $ 231,271,958 $ 3,360,000 $ 227,989,456 $ 227,488,400 0.014960379 $ 3,403,313 $ 50,000 $ 3,353,313 13 2033 $ 457,968 $ 127,623 $ 585,591 $ 501,056 $ 84,535 $ 15,398,218 $ 251,295,615 $ 2,880,000 $ 248,500,150 $ 247,999,094 0.014960379 $ 3,710,160 $ 50,000 $ 3,660,160 14 2034 $ 462,547 $ 130,176 $ 592,723 $ 501,056 $ 91,667 $ 12,335,683 $ 268,657,210 $ 2,240,000 $ 266,508,877 $ 266,007,821 0.014960379 $ 3,979,578 $ 50,000 $ 3,929,578 15 2035 $ 467,173 $ 132,779 $ 599,952 $ 501,056 $ 98,896 $ 9,075,538 $ 283,105,892 $ 1,600,000 $ 281,604,788 $ 281,103,732 0.014960379 $ 4,205,418 $ 50,000 $ 4,155,418 16 2036 $ 471,844 $ 135,435 $ 607,279 $ 501,056 $ 106,223 $ 7,945,634 $ 296,713,644 $ 1,360,000 $ 295,459,867 $ 294,958,811 0.014960379 $ 4,412,696 $ 50,000 $ 4,362,696 17 2037 $ 476,563 $ 138,144 $ 614,707 $ 501,056 $ 113,651 $ 5,295,531 $ 307,943,448 $ 880,000 $ 307,177,099 $ 306,676,043 0.014960379 $ 4,587,990 $ 50,000 $ 4,537,990 18 2038 $ 481,329 $ 140,906 $ 622,235 $ 501,056 $ 121,179 $ 5,454,397 $ 319,556,714 $ 880,000 $ 318,797,893 $ 318,296,837 0.014960379 $ 4,761,841 $ 50,000 $ 4,711,841 19 2039 $ 486,142 $ 143,725 $ 629,866 $ 501,056 $ 128,810 $ 2,553,650 $ 328,501,498 $ 480,000 $ 328,150,308 $ 327,649,252 0.014960379 $ 4,901,757 $ 50,000 $ 4,851,757 20 2040 $ 491,003 $ 146,599 $ 637,602 $ 501,056 $ 136,546 $ 526,052 $ 335,597,580 $ - $ 335,734,126 $ 335,233,070 0.014960379 $ 5,015,214 $ 50,000 $ 4,965,214 $ 1,372,957 $ 267,007,954 $ 55,538,790 $ 1,000,000 $ 54,538,790 , ASSSUMPTIONS: 1 Land Values inflation per year 1.000/0 If no Ag Exemption, Land Value is assessed after change of use, If the Ag Exemption exissts, Land Value is original base plus inflation Z Improvement Values inflation per year 2.00% 3 Adminstrative costs: 20.00% annual cap of $ 50,000 Y If no annual cap, enter N in G31, otherwise enter Y in G31 4 Assumes 80% owner occupied structures eligible for Homeowner's Exemption of $100,000 per residence. 5 Incremental taxable value is based on land and improvments to the land and do not take into condsideration any impact of personal property tax on business entities located in the projected developments. 6 New construction values inflate on same basis as original improvement values IF APPLICABLE, Includes increased land value as a result of loss of AG Exclusion This projection assumes levy rates will decrease 2% in year 2024 when the Chubbuck downtown RAA is closded out and will decrease 1% each of the following three years then remain constant during the remaining B life of the RAA 9 Taxes will be collected the year following completion of construction. NOTE: The Homeowner exemption amount is calculated on the current HO Exemption granted under Idaho tax law. There is an interim legislative committee meeting to address property taxes in the state. As such, there may be legislation introduced in the 2021 legislative session that will impact future HO exemption amount, the property tax computation overall, and/or the assessment process conducted by County Assessors, and if any such legislation passes it could impact the projected tax revenues. Outwest Policy Advisors 14 Burley, Idaho Outwest Policy Advisors APPENDIX B SOURCES AND USES OF FUNDS 15 Burley, Idaho I -k.idn -.-i- n 1 1 t d C G 7 II a 1n 11 11 12 1A 1S 1G 11 1a 1a 1n 11 Reimbursable Amenities $ 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Total Beginning Balance $ $ 146,155 $ $ $ $ $ $ $ 133,158 $ $ $ $ $ $ $ (0) $ $ $ (0) $ 391,859 $ 950,911 $ 4,416,316 $ 9,128,157 $ 13,979,914 $ 156,015 Source of Funds $ 20,250 $ 150,680 $ 26,285 $ 62,855 $ 97,090 $ 119,280 $ 12,825 $ 53,625 $ 980,258 Electrical/Distribution $ 486,300 $ 27,500 $ 98,500 $ 101,500 $ 45,500 Revenue Allocation $ 75,000 $ $ 254,637 $ 434,860 $ 705,344 $ 922,976 $ 1,121,771 $ 1,321,864 $ 1,654,863 $ 1,996,346 $ 2,352,446 $ 2,723,343 $ 3,072,373 $ 3,403,313 $ 3,710,160 $ 3,979,578 $ 4,205,418 $ 4,412,696 $ 4,587,990 $ 4,761,841 $ 4,901,757 $ 5,015,214 $ 55,538,790 Developer Contribution $ 4,903,536 $ 2,590,558 $ 5,099,844 $ 2,868,639 $ 2,908,882 $ 6,683,452 $ 1,647,393 $ 2,747,715 $ 4,869,234 $ 4,188,321 $ 1,538,572 $ 2,869,254 $ $ $ $ $ $ $ $ $ $ 42,915,400 City Contribution (Bonds) $ 54,052 $ 76,875 $ 650,000 $ $ 2,900,000 1,396,342 Misc $ $ 650,000 $ 1,104,712 $ 453,846 $ 144,589 $ 1,339,021 $ 115,230 $ 1,600,000 $ 940,082 $ 5,800,000 URA Inter -District Loan ** $ 100,000 $ 50,000 $ _ $ _ $ _ $ _ $ _ _ $ $ _ $ _ $ _ $ _ $ _ $ _ $ _ _ $ _ _ $ $ $ _ _ _ $ $ $ 150,000 Other Revenue - Grant $ - $ - $ $ $ - $ - $ - $ - $ - $ - $ $ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TotalFundsAvailable $ 5,003,536 $ 2,640,558 $ ,354,481 $ 3,953,499 $ 3,614,226 $ 10,506,428 $ 2,769,164 $ 4,069,579 $ 6,524,097 $ 6,834,667 $ 3,891,018 $ 5,592,597 $ 3,072,373 $ 3,403,313 $ 3,710,160 $ 3,979,578 $ 4,205,418 $ 6,404,554 $ 5,538,901 $ 9,178,157 $ 14,029,914 $ 18,995,128 $ 104,404,190 Water $ 469,421 $ 70,080 $ 263,592 $ 113,710 $ 29,010 $ 337,304 $ 47,688 $ 147,875 $ 262,906 $ 236,944 $ 22,544 $ 88,303 $ 2,089,377 Traffic Study $ 100,000 $ 100,000 Tyhee\Harvest Springs\Hiline Intersection USES OF FUNDS $ 1,500,000 $ 1,500,000 Tyhee\Yellowstone Intersection INVESTMENTS $ 500,000 $ 500,000 Widen Tyhee Amenities $ 217,400 $ 84,200 $ 248,250 $ 100,500 $ 60,500 $ 322,100 $ 60,000 $ 116,500 $ 146,600 $ 245,500 $ 78,500 $ 60,500 $ 650,000 $ 1,740,550 Concrete $ 326,675 $ 221,800 $ 212,300 $ 205,125 $ 39,550 $ 291,750 $ 113,225 $ 164,500 $ 190,225 $ 320,830 $ 45,150 $ 120,200 $ 2,251,330 Demo/Earthwork $ 202,261 $ 97,900 $ 225,700 $ 100,700 $ 67,500 $ 237,700 $ 75,100 $ 96,700 $ 138,700 $ 149,100 $ 85,500 $ 97,500 $ 1,574,361 Electrical/Distribution $ 559,000 $ 55,000 $ 160,000 $ 145,000 $ 65,000 $ 165,000 $ 150,000 $ 75,000 $ 150,000 $ 150,000 $ 45,000 $ 55,000 $ 208,919 $ 204,345 $ 42,298 $ 101,053 $ 1,774,000 Erosion Control $ 76,657 $ 20,800 $ 62,400 $ 20,800 $ 20,800 $ 62,400 $ 20,800 $ 20,800 $ 20,800 $ 20,800 $ 20,800 $ 20,800 $ 388,657 Irrigation $ 310,161 $ 99,445 $ 258,230 $ 94,945 $ 92,300 $ 274,325 $ 70,040 $ 114,020 $ 181,945 $ 180,375 $ 105,345 $ 102,955 $ $ 1,884,086 Misc $ 849,830 $ 805,949 $ 1,409,693 $ 787,813 $ 423,629 $ 1,966,202 $ 310,658 $ 815,249 $ 1,306,546 $ 1,005,191 $ 582,439 $ 1,187,877 $ Total Reimbursable Expenses $ 3,788,907 $ 11,451,076 Roadway $ 676,877 $ 766,508 $ 1,308,633 $ 667,540 $ 254,365 $ 1,755,740 $ 426,525 $ 674,245 $ 1,733,080 $ 1,078,945 $ 183,995 $ 630,853 35,443,662 $ 10,157,306 Sewer $ 514,311 $ 37,050 $ 271,070 $ 174,740 $ 92,550 $ 299,900 $ 84,450 $ 125,900 $ 181,475 $ 208,100 $ 74,950 $ 133,200 $ 2,197,696 Storm $ 258,944 $ 62,300 $ 267,650 $ 168,975 $ 110,000 $ 332,825 $ 99,800 $ 149,600 $ 147,100 $ 277,675 $ 72,700 $ 124,700 $ 2,072,269 Water $ 612,143 $ 87,600 $ 364,660 $ 227,420 $ 96,700 $ 567,600 $ 136,250 $ 227,500 $ 375,580 $ 296,180 $ 150,290 $ 160,550 $ 3,302,473 Traffic Study $ 100,000 $ 100,000 Tyhee\Harvest Springs\Hiline Intersection $ 1,500,000 $ 1,500,000 * Tyhee\Yellowstone Intersection $ 500,000 $ 500,000 Widen Tyhee $ 1,100,000 $ 1,100,000 Whitaker\New Day Signal $ 650,000 $ 650,000 Whitaker\Tyhee Signal $ 650,000 $ 650,000 ^ Well 7 complex $ 2,900,000 $ 2,900,000 Constrution Financing $ 299,277 $ 152,006 $ 311,258 $ 175,081 $ 85,988 $ 407,910 $ 100,545 $ 167,701 $ 297,183 $ 255,625 $ 93,903 $ 175,119 $ 2,521,596 TOTAL INVESTMENTS $ 4,903,536 $ 2,590,558 $ 5,099,844 $ 3,518,639 $ 2,908,882 $ 9,583,452 $ 1,647,393 $ 2,747,715 $ 4,869,234 $ 4,838,321 $ 1,538,572 $ 2,869,254 $ $ $ $ $ $ 1,600,000 $ $ $ $ $ 48,715,40 Reimbursable Amenities $ 217,400 $ 84,200 $ 248,250 $ 100,500 $ 60,500 $ 322,100 $ 60,000 $ 116,500 $ 146,600 $ 160,500 $ 78,500 $ 60,500 $ 1,655,550 Concrete $ 220,350 $ 177,440 $ 146,155 $ 102,563 $ 11,865 $ 212,640 $ 39,629 $ 106,925 $ 133,158 $ 256,664 $ 6,773 $ 66,110 $ 1,480,272 Demo/Earthwork $ 152,683 $ 78,320 $ 156,015 $ 50,350 $ 20,250 $ 150,680 $ 26,285 $ 62,855 $ 97,090 $ 119,280 $ 12,825 $ 53,625 $ 980,258 Electrical/Distribution $ 486,300 $ 27,500 $ 98,500 $ 101,500 $ 45,500 $ 114,250 $ 75,000 $ 45,000 $ 97,500 $ 120,000 $ 27,000 $ 27,500 $ 1,265,550 Erosion Control $ 60,202 $ 16,640 $ 42,640 $ 10,400 $ 6,240 $ 41,600 $ 7,280 $ 13,520 $ 14,560 $ 16,640 $ 3,120 $ 11,440 $ 244,282 Irrigation $ 254,893 $ 84,556 $ 214,345 $ 57,473 $ 55,690 $ 184,919 $ 40,764 $ 84,613 $ 143,862 $ 144,300 $ 54,052 $ 76,875 $ 1,396,342 Misc $ 656,360 $ 688,114 $ 1,104,712 $ 453,846 $ 144,589 $ 1,339,021 $ 115,230 $ 567,607 $ 940,082 $ 813,153 $ 359,336 $ 669,082 $ 7,851,132 Roadway $ 451,770 $ 619,086 $ 988,484 $ 352,370 $ 84,605 $ 1,106,225 $ 152,696 $ 449,284 $ 1,148,386 $ 887,666 $ 64,447 $ 359,389 $ 6,664,408 Sewer $ 402,486 $ 29,640 $ 206,594 $ 87,370 $ 27,765 $ 167,080 $ 29,558 $ 81,835 $ 127,033 $ 166,480 $ 11,243 $ 73,260 $ 1,410,344 Storm $ 185,794 $ 49,840 $ 193,555 $ 84,488 $ 33,000 $ 211,115 $ 34,930 $ 97,240 $ 102,970 $ 222,140 $ 10,905 $ 68,585 $ 1,294,562 Water $ 469,421 $ 70,080 $ 263,592 $ 113,710 $ 29,010 $ 337,304 $ 47,688 $ 147,875 $ 262,906 $ 236,944 $ 22,544 $ 88,303 $ 2,089,377 Traffic Study $ 100,000 $ 100,000 Tyhee\Harvest Springs\Hiline Intersection $ 1,500,000 $ 1,500,000 Tyhee\Yellowstone Intersection $ 500,000 $ 500,000 Widen Tyhee $ 1,100,000 $ 1,100,000 Whitaker\New Day Signal $ 650,000 $ 650,000 Whitaker\Tyhee Signal $ 650,000 $ 650,000 Well 7 complex $ 2,900,000 $ 2,900,000 Construction Financing $ 231,248 $ 125,152 $ 238,085 $ 98,447 $ 33,736 $ 272,151 $ 40,889 $ 115,262 $ 208,919 $ 204,345 $ 42,298 $ 101,053 $ 1,711,585 $ $ Total Reimbursable Expenses $ 3,788,907 $ 2,150,568 $ 3,900,927 $ 2,263,017 $ 2,052,750 $ 7,359,085 $ 669,949 $ 1,888,516 $ 3,423,066 $ 3,998,112 $ 693,043 $ 1,655,722 $ $ $ $ $ $ 1,600,000 $ $ $ $ $ 35,443,662 Outwest Policy Advisors 16 Burley, Idaho Northside Crosssing 0 1 2 3 4 5 6 7 8 9 30 11 12 13 14 is 16 17 18 19 20 21 Assumptions ** Intra -Agency loan using proceeds from existing Revenue Allocation Areas to fund Planning Costs for this proposed urban renewal project area. Loan will be repaid from first revenues received from this project. * Projects that are contemplated to occur in the future provided that the location of such improvements have been annexed into the City of Chubbuck PRIOR to project implementation ^ This cost is a portion of the total improvement cost associated with this development including the City's share of such improvements, provided they are approved as part of the City's annual budgeting process during the appropriate year Provides for 20% of incremtmental tax revenues for administration and professional support. Capped at $50,000 annually. 20.00% Percentage of funds Available for Debt Service to be paid to developer (Available for Debt Service is net of Agency operating expenditures and any repayment of intra -Agency loan) 80.00% Percentage of funds Available for Debt Service to be paid to City on an ongoing basis (Available for Debt Service is net of Agency operating expenditures and any repayment of intra -Agency loan) 20.00% Cost estimates are stated in 2019 dollars and DO NOT reflect an inflationary factor. All parties acknowladge that projected costs are estimates and reimbursemnt is subject to actual costs incurred and approved as per Agency Polly adopted in December 2018 If surplus funds accrue, additional principal maybe paid at the discretion of the Agency. If the Agency and the Developer agree to an equal split of revenues for the life of the plan or until each party is reimbursed for approved expenditures, the Equal Split (Y/N) Y percentages indicated in the green cells are used in the reimbursement calculations. If there will be a variance in the rates of reimbursement, the schedule at the bottom of the page will be used to calculate the reimbursement payments. Reimbursement Rate by Party 2020 2021 2022 2023 2024 2025 2026 2027 2028 1 2029 2030 2031 2032 2033 2034 2035 1 2036 2037 2038 2039 1 2040 2041 Total Net available for Operating Expenses & Debt service $ 100,000 $ 50,000 $ 254,637 $ 434,860 $ 705,344 $ 922,976 $ 1,121,771 $ 1,321,864 $ 1,654,863 $ 1,996,346 $ 2,352,446 $ 2,723,343 $ 3,072,373 $ 3,403,313 $ 3,710,160 $ 3,979,578 $ 4,205,418 $ 4,804,554 $ 5,538,901 $ 9,178,157 $ 14,029,914 $ 18,995,128 $ 65,560,819 OPERATING EXPENSES 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% Dollar value reimbursement Agency Operating Expenses $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 1,050,000 Eligibilty/Feasibility Reports $ 10,000 $ 1,017,491 $ 1,283,890 $ 1,557,077 $ 1,841,956 $ 2,138,674 $ 2,417,899 $ 2,682,650 $ 2,928,128 $ 3,143,662 $ 3,324,335 $ 3,803,643 $ Urban Renewal Plan $ 40,000 - $ - $ - $ 29,643,662 City $ - $ - $ 30,927 $ 66,972 $ 121,069 $ 174,595 $ 214,354 $ 254,373 $ 320,973 TOTAL OPERATING EXPENSES $ 100,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 1,100,000 Net Available After Investments & Operating Expenses $ - $ - $ 204,637 $ 384,860 $ 655,344 $ 872,976 $ 1,071,771 $ 1,271,864 $ 1,604,863 $ 1,946,346 $ 2,302,446 $ 2,673,343 $ 3,022,373 $ 3,353,313 $ 3,660,160 $ 3,929,578 $ 4,155,418 $ 4,754,554 $ 5,488,901 $ 9,128,157 $ 13,979,914 $ 18,945,128 $ 54,588,790 DEBT SERVICE - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 391,859 $ 950,911 $ 4,416,316 $ 9,128,157 $ 13,979,914 $ 18,945,128 Repay Inter -District Loan $ 50,000 $ 50,000 $ 50,000 $ 150,000 Available for Debt Service $ - $ - $ 154,637 $ 334,860 $ 605,344 $ 872,976 $ 1,071,771 $ 1,271,864 $ 1,604,863 $ 1,946,346 $ 2,302,446 $ 2,673,343 $ 3,022,373 $ 3,353,313 $ 3,660,160 $ 3,929,578 $ 4,155,418 $ 4,754,554 $ 5,488,901 $ 9,128,157 $ 13,979,914 $ 18,945,128 $ 83,255,947 OPA Debt Service Obligation $ $ - $ 123,710 $ 267,888 $ 484,275 $ 698,381 $ 857,417 $ 1,017,491 $ 1,283,890 $ 1,557,077 $ 1,841,956 $ 2,138,674 $ 2,417,899 $ 2,682,650 $ 2,928,128 $ 3,143,662 $ 3,324,335 $ 3,803,643 $ 1,072,585 $ - $ - $ - $ 29,643,662 Additional OPA Principal $ - City Reimbursement Payment $ - $ - $ 30,927 $ 66,972 $ 121,069 $ 174,595 $ 214,354 $ 254,373 $ 320,973 $ 389,269 $ 460,489 $ 534,669 $ 604,475 $ 670,663 $ 732,032 $ 785,916 $ 439,225 $ - $ - $ - $ - $ - $ 5,800,000 TOTAL DEBT SERVICE $ - $ - $ 204,637 $ 384,860 $ 655,344 $ 872,976 $ 1,071,771 $ 1,271,864 $ 1,604,863 $ 1,946,346 $ 2,302,446 $ 2,673,343 $ 3,022,373 $ 3,353,313 $ 3,660,160 $ 3,929,578 $ 3,763,560 $ 3,803,643 $ 1,072,585 $ - $ - $ - $ 35,593,662 Total Use of Funds $ 5,003,536 $ 2,640,558 $ 5,354,481 $ 3,953,499 $ 3,614,226 $ 10,506,428 $ 2,769,164 $ 4,069,579 $ 6,524,097 $ 6,834,667 $ 3,891,018 $ 5,592,597 $ 3,072,373 $ 3,403,313 $ 3,710,160 $ 3,979,578 $ 3,813,560 $ 5,453,643 $ 1,122,585 $ 50,000 $ 50,000 $ 50,000 $ 85,409,062 Available for Other In -District Projects $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 391,859 $ 950,911 $ 4,416,316 $ 9,128,157 $ 13,979,914 $ 18,945,128 $ 18,945,128 Ending Balance 1 $ - $ - $ - $ - $ - 1 $ - $ - $ - 1 $ - $ - $ - $ - 1 $ (0) $ - $ - $ (0) $ 391,859 $ 950,911 $ 4,416,316 1 $ 9,128,157 $ 13,979,914 $ 18,945,128 $ 18,995,128 Assumptions ** Intra -Agency loan using proceeds from existing Revenue Allocation Areas to fund Planning Costs for this proposed urban renewal project area. Loan will be repaid from first revenues received from this project. * Projects that are contemplated to occur in the future provided that the location of such improvements have been annexed into the City of Chubbuck PRIOR to project implementation ^ This cost is a portion of the total improvement cost associated with this development including the City's share of such improvements, provided they are approved as part of the City's annual budgeting process during the appropriate year Provides for 20% of incremtmental tax revenues for administration and professional support. Capped at $50,000 annually. 20.00% Percentage of funds Available for Debt Service to be paid to developer (Available for Debt Service is net of Agency operating expenditures and any repayment of intra -Agency loan) 80.00% Percentage of funds Available for Debt Service to be paid to City on an ongoing basis (Available for Debt Service is net of Agency operating expenditures and any repayment of intra -Agency loan) 20.00% Cost estimates are stated in 2019 dollars and DO NOT reflect an inflationary factor. All parties acknowladge that projected costs are estimates and reimbursemnt is subject to actual costs incurred and approved as per Agency Polly adopted in December 2018 If surplus funds accrue, additional principal maybe paid at the discretion of the Agency. If the Agency and the Developer agree to an equal split of revenues for the life of the plan or until each party is reimbursed for approved expenditures, the Equal Split (Y/N) Y percentages indicated in the green cells are used in the reimbursement calculations. If there will be a variance in the rates of reimbursement, the schedule at the bottom of the page will be used to calculate the reimbursement payments. Reimbursement Rate by Party Developer 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% City 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% 20% Dollar value reimbursement Developer $ - $ - $ 123,710 $ 267,888 $ 484,275 $ 698,381 $ 857,417 $ 1,017,491 $ 1,283,890 $ 1,557,077 $ 1,841,956 $ 2,138,674 $ 2,417,899 $ 2,682,650 $ 2,928,128 $ 3,143,662 $ 3,324,335 $ 3,803,643 $ 1,072,585 $ - $ - $ - $ 29,643,662 City $ - $ - $ 30,927 $ 66,972 $ 121,069 $ 174,595 $ 214,354 $ 254,373 $ 320,973 $ 389,269 $ 460,489 $ 534,669 $ 604,475 $ 670,663 $ 732,032 $ 785,916 $ 439,225 $ - $ - $ - $ - $ - $ 5,800,000 $ 154,637 $ 334,860 $ 605,344 $ 872,976 $ 1,071,771 $ 1,271,864 $ 1,604,863 $ 1,946,346 $ 2,302,446 $ 2,673,343 $ 3,022,373 $ 3,353,313 $ 3,660,160 $ 3,929,578 $ 3,763,560 $ 3,803,643 $ 1,072,585 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 391,859 $ 950,911 $ 4,416,316 $ 9,128,157 $ 13,979,914 $ 18,945,128 4812-7658-0035, v. 2 Outwest Policy Advisors 17 Burley, Idaho MAPS of PROPOSED IMPROVEMENTS Outwest Policy Advisors Burley, Idaho 18 CONCEPT LAYOUT FOR THE: NORTHSIDE CROSSING WCAM W TlFE M!, "D OF sKrc 4 35. �OWIIiIiP s 5Ull7k. R,VIGE ]A EIa7, 4.1:.. a arerou �r�rr euwe L -30-2n LV;1607- -m LY0...... •a•r r •.� r�NMtl4�lr W i E➢Ir�YR� �Y� p OrWou h4 Wry[. CONCEPT LAYOUT FOR ME- ' NORTHSIDE CROSSING ELr„ILlrp ■ ?m war wu cr 7tom A � r ar�rlrMWrU�rr M� rpp�NlYir Outwest Policy Advisors nrs 19 �� . r,rrw • /�fw.w w• awn • ww .arm R rv. AV �f..r rR o..w. ti.� 0 wv . wr rww Burley, Idaho Outwest Policy Advisors Burley, Idaho nr � 20 Attachment 6 Agricultural Operation Consents (Attachments B and C are only attached to the first Consent due to length) 4852-5405-0760, v. 12 CONSENT FORM COMES NOW the City of Chubbuck, a state of Idaho political subdivision and municipality, and states that the City of Chubbuck owns that certain properties generally described as Parcel Identification Number: RCCPC04I800 and more particularly described on Exlubit A attached hereto and incorporated herein by reference (the "Property"), and hereby certifies: (1) that the Property has been used, within the last three (3) years, as an agricultural operation; and (2) that the undersigned has reviewed the materials provided in Exhibit B, and has had an opportunity to review the urban renewal eligibility report, dated October 2018, entitled Eligibility Study for Siphon Interchange West Urban Renewal Area for the Chubbuck Development Authority, prepared by Renee Magee, JFoster and Associates, and as attached hereto as Exhibit C. Further, Devin England, as Mayor of the City of Chubbuck, hereby provides his consent and approval that the subject Property may be included within a proposed urban renewal area, and may he deemed appropriate for inclusion within an urban renewal project area as defined by the Idaho Urban Renewal Law of 1955, Chapter 20, Title 50, Idaho Code, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended, as the property possesses certain characteristics of eligibility. 4L DATED this 5' day of August, 2020. City of Chubbuck Name: - . ; I J, Title: STATE OF IDAHO } ss: County of Bannock } On this 4day of August, 2020, before me, a notary public in and for said state, personally appeared Kevin England, known or identified to me to be the Mayor of the City of Chubbuck, a state of Idaho political subdivision and municipality, the person who executed the instrument on behalf of said political subdivision and municipality as said Mayor of said political subdivision and municipality, and acknowledged to me that such political subdivision and municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certi�Wo4ini,.above written. 110TgNotary Publi r I Residing At W$qVV r .61 %B LIG My Commission Expires �,,rfgj, ID``,.',�,,.�` EXHIBIT A LEGAL DESCRIPTION KA Project No: 215044 January 22, 2016 BGW Revision 1- 01/22/2016 356 West Sunnyslde, Sulla 6 s Idaho falls, ID 03402 200.542.6120 phone 0 200.542,6207 fax . ww%Iwllerassoclates,com Chubbuck Well 7 Description Part of the NWI/4 of the SWI/4 Section 35 Township 5 South Range 34 East, B,M., Bannock County, Idaho described as: Commencing at the SW corner of said section 35, thence N00°14'09"E 1323,84 feet along the west line of said section 35 to the SW corner of said NWI/4 SWI/4, from which the E1/4 corner bears N00014'09"E 1323.84 feet, thence along the south line of said NWI/4 SWI/4 S89°46'40"E 750.97 feet to the POINT OF BEGINNING. Running thence N001113'20"E 248.31 feet; thence S89046'40"E 407.46 feet to the centerline of the Fort Hall Main Canal; thence along said centerline S05046'10"E 249.67 feet to a point on the south line of said NWI/4 SW1/4; thence along said south line N89046'40"W 433.52 feet to the point of beginning. Gross: overall parcel Contains 2.40 acres more or less Net: Remainder Parcel laying west of the 120 foot Fort Hall main Canal easement contains 1.71 acres more or less and is subject to a 15 foot Irrigation easement along the east side of said remainder parcel, and an existing 10 foot easement for the Miller lateral along the south side of remainder parcel as shown on photo no.127 of the 1977 Fort Hall Irrigation Project. n ty fi � is 4 mEnflin@eiTnfSoluflgns,`Satlsfled011ents Idaho Ealis �'Mefidian • Pocatello Riverton EXHIBIT B EXCERPTS OF STATUTES IDAHO CODE §§ 50-2018(8) AND (9), 50-2008, 50-2903(8) Section 50-2018 — Idaho State Legislature Page 1 of 4 Idaho Statutes Print Friendly TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 20 URBAN RENEWAL LAW 50-2018. DEFINITIONS. The following terms wherever used or referred to in this chapter, shall have the following meanings, unless a different meaning is clearly indicated by the context: (1) "Agency" or "urban renewal agency" shall mean a public agency created by section 50-2006, Idaho Code. (2) "Municipality" shall mean any incorporated city or town, or county in the state. (3) "Public body" shall mean the state or any municipality, township, board, commission, authority, district, or any other subdivision or public body of the state. (4) "Local. governing body" shall mean the council or other legislative body charged with governing the municipality. (5) "Mayor" shall mean the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality. (6) "Clerk" shall mean the clerk or other official of the municipality who is the custodian of the official records of such municipality. (7) "Federal government" shall include the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. (8) "Deteriorated area" shall mean an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. Provided however, this definition shall not apply to any agricultural operation, as defined in section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation or to any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the forest landowner, as defined in section 63-1701(5), Idaho Code, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. (9) "Deteriorating area" shall mean an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or https://lep,islature.idaho.gov/statutesrules/idstat/Title50/T50CH2O/SECT50-2018/ 12/7/2017 Section 50-2018 — Idaho State Legislature Page 2 of 4 inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; provided, that if such deteriorating area consists of open land the conditions contained in the proviso in section 50-2008(d), Idaho Code, shall apply; and provided further, that any disaster area referred to in section 50-2008(g), Idaho Code, shall constitute a deteriorating area. Provided however, this definition shall not apply to any agricultural operation, as defined in section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation or to any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the forest landowner, as defined in section 63-1701(5), Idaho Code, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. (10) "Urban renewal project" may include undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include: (a) Acquisition of a deteriorated area or a deteriorating area or portion thereof; (b) Demolition and removal of buildings and improvements; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, off-street parking facilities, public facilities or buildings and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal plan; (d) Disposition of any property acquired in the urban renewal area, including sale, initial leasing or retention by the agency itself, at its fair value for uses in accordance with the urban renewal plan except for disposition of property to another public body; (e) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; (f) Acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or httt)s:Hlegislature.idaho.gov/statutesrules/idstatITitle5O/T50CH2O/SECT50-2018/ 12/7/2017 Section 50-2018 — Idaho State Legislature Page 3 of 4 rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property; (g) Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration, or to provide land for needed public facilities; (h) Lending or investing federal funds; and (i) Construction of foundations, platforms and other like structural forms. (11) "Urban renewal area" means a deteriorated area or a deteriorating area or a combination thereof which the local governing body designates as appropriate for an urban renewal project. (12) "Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan: (a) Shall conform to the general plan for the municipality as a whole except as provided in section 50-2008(g), Idaho Code; and (b) Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (13) "Related activities" shall mean: (a) Planning work for the preparation or completion of a community -wide plan or program pursuant to section 50-2009, Idaho Code; and (b) The functions related to the acquisition and disposal of real property pursuant to section 50-2007(d), Idaho Code. (14) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise. (15) "Bonds" shall mean any bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness, debentures or other obligations. (16) "Obligee" shall include any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with urban renewal, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the municipality. https:Hlegislature.idaho.gov/statutesruleslidstat/Title50/T50CH2O/SECT50-2018/ 12/7/2017 Section 50-2018 — Idaho State Legislature Page 4 of 4 (17) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity. (18) "Area of operation" shall mean the area within the corporate limits of the municipality and the area within five (5) miles of such limits, except that it shall not include any area which lies within the territorial boundaries of another incorporated city or town or within the unincorporated area of the county unless a resolution shall have been adopted by the governing body of such other city, town or county declaring a need therefor. (19) "Board" or "commission" shall mean a board, commission, department, division, office, body or other unit of the municipality. (20) "Public officer" shall, mean any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other activities concerning dwellings in the municipality. History: (50-2018, added 1965, ch. 246, sec. 18, p. 600; am. 1970, ch. 103, sec. 1, p. 256; am. 1987, ch. 258, sec. 1, p. 525; am. 1987, ch. 259, sec. 4, p. 542; an►. 1990, ch. 430, sec. 2, p. 1186; am. 2003, ch. 146, sec. 1, p. 420; am. 2006, ch. 310, sec. 1, p. 953; am. 2011, ch. 229, sec. 6, p. 625; am. 2011, ch. 317, sec. 4, p. 916.) How current is this law? Search the Idaho Statutes and Constitution https://legislature.idaho.gov/statutesrules/idstat/Title50/T50CH2O/SECT50-2018/ 12/7/2017 Section 50-2008 — Idaho State Legislature Page 1 of 3 fV Idaho Statutes Print Friendly TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 20 URBAN RENEWAL LAW 50-2008. PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT. (a) An urban renewal project for an urban renewal area shall not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area or a combination thereof and designated such area as appropriate for an urban renewal project. (b) An urban renewal agency may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to an urban renewal agency. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within sixty (60) days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission, or if no recommendations are received within said sixty (60) days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project prescribed by subsection (c) hereof. (c) The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration. (d) Following such hearing, the local governing body may approve an urban renewal project and the plan therefor if it finds that (1) a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan conforms to the general plan of the municipality as a whole; (3) the urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan; and (4) the urban https://legislature.idaho.gov/statutesrules/idstat/Title50/T50CH2O/SECT50-2008/ 12/7/2017 Section 50-2008 — Idaho State Legislature Page 2 of 3 renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise: Provided, that if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality, or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. (e) An urban renewal plan may be modified at any time: Provided that if modified after the lease or sale by the urban renewal agency of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee or successor in interest as the urban renewal agency may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert. (f) Upon the approval by the local governing body of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area, and the urban renewal agency may then cause such plan or modification to be carried out in accordance with its terms. (g) Notwithstanding any other provisions of this act, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the governor of the state has certified the need for disaster assistance under 42 U.S.C. httvs:Hlegislature.idaho.gov/statutesrules/idstat/Title50/T50CH2O/SECT50-2008/ 12/7/2017 Section 50-2008 — Idaho State Legislature Page 3 of 3 section 5121, or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsection (d) of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project. (h) Any urban renewal plan containing a revenue allocation financing provision shall include the information set forth in section 50-2905, Idaho Code. History: (50-2008, added 1965, ch. 246, sec. 8, p. 600; am. 2011, ch. 317, sec. 3, p. 914.1 How current is this law? Search the Idaho Statutes and Constitution https:Hlegislature.idaho.gov/statutesruies/idstatITitle5O/T50CH2O/SECT50-2008/ 12/7/2017 Section 50-2903 -- Idaho State Legislature Page 1 of 6 4 , Print Friendly 0 Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 29 LOCAL ECONOMIC DEVELOPMENT ACT 50-2903. DEFINITIONS. The following terms used in this chapter shall have the following meanings, unless the context otherwise requires: (1) "Act" or "this act" means this revenue allocation act. (2) "Agency" or "urban renewal agency" means a public body created pursuant to section 50-2006, Idaho Code. (3) "Authorized municipality" or "municipality" means any county or incorporated city which has established an urban renewal agency, or by ordinance has identified and created a competitively disadvantaged border community. (4) Except as provided in section 50-2903A, Idaho Code, "base assessment roll" means the equalized assessment rolls, for all classes of taxable property, on January 1 of the year in which the local governing body of an authorized municipality passes an ordinance adopting or modifying an urban renewal plan containing a revenue allocation financing provision, except that the base assessment roll shall be adjusted as follows: the equalized assessment valuation of the taxable property in a revenue allocation area as shown upon the base assessment roll shall be reduced by the amount by which the equalized assessed valuation as shown on the base assessment roll exceeds the current equalized assessed valuation of any taxable property located in the revenue allocation area, and by the equalized assessed valuation of taxable property in such revenue allocation area that becomes exempt from taxation subsequent to the date of the base assessment roll. The equalized assessed valuation of the taxable property in a revenue allocation area as shown on the base assessment roll shall be increased by the equalized assessed valuation, as of the date of the base assessment roll, of taxable property in such revenue allocation area that becomes taxable after the date of the base assessment roll, provided any increase in valuation caused by the removal of the agricultural tax exemption from undeveloped agricultural land in a revenue allocation area shall be added to the base assessment roll. An urban renewal plan containing a revenue allocation financing provision adopted or modified prior to July 1, 2016, is not subject to section 50-2903A, Idaho Code. For plans adopted or modified prior to July 1, 2016, and for subsequent modifications of those urban renewal plans, the value of the base assessment roll of property within the revenue allocation area shall be determined as if the modification had not occurred. (5) "Budget" means an annual estimate of revenues and expenses for the following fiscal year of the agency. An https://legislature.idaho.gov/statutesrules/idstat/Title50/T50CH29/SECT50-2903/ 12/7/2017 Section 50-2903 - Idaho State Legislature Page 2 of 6 agency shall, by September 1 of each calendar year, adopt and publish, as described in section 50--1002, Idaho Code, a budget for the next fiscal year. An agency may amend its adopted budget using the same procedures as used for adoption of the budget. For the fiscal year that immediately predates the termination date for an urban renewal plan involving a revenue allocation area or will include the termination date, the agency shall adopt and publish a budget specifically for the projected revenues and expenses of the plan and make a determination as to whether the revenue allocation area can be terminated before the January 1 of the termination year pursuant to the terms of section 50-2909(4), Idaho Code. In the event that the agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years, by September 1 the agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the state tax commission and recommending the adoption of an ordinance for termination of the revenue allocation area by December 31 of the current year and declaring a surplus to be distributed as described in section 50-2909, Idaho Code, should a surplus be determined to exist. The agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho state tax commission as provided in section 63-215, Idaho Code. Upon notification of revenues sufficient to cover expenses as provided herein, the increment value of that revenue allocation area shall be included in the net taxable value of the appropriate taxing districts when calculating the subsequent property tax levies pursuant to section 63-803, Idaho Code. The increment value shall also be included in subsequent notification of taxable value for each taxing district pursuant to section 63-1312, Idaho Code, and subsequent certification of actual and adjusted market values for each school district pursuant to section 63-315, Idaho Code. (6) "Clerk" means the clerk of the municipality. (7) "Competitively disadvantaged border community area" means a parcel of land consisting of at least forty (40) acres which is situated within the jurisdiction of a county or an incorporated city and within twenty-five (25) miles of a state or international border, which the governing body of such county or incorporated city has determined by ordinance is disadvantaged in its ability to attract business, private investment, or commercial development, as a result of a competitive advantage in the adjacent state or nation resulting from inequities or disparities in comparative sales taxes, income taxes, property taxes, population or unique geographic features. (8) "Deteriorated area" means: (a) Any area, including a slum area, in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, https:Hlegislature.idaho.v,ov/statutesrules/idstatIT'itle5OlT5OCH29/SECT50-2903/ 12/7/2017 Section 50-2903 — Idaho State Legislature Page 3 of 6 inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. (b) Any area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, results in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use. (c) Any area which is predominately open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. The provisions of section 50-2008(d), Idaho Code, shall apply to open areas. (d) Any area which the local governing body certifies is in need of redevelopment or rehabilitation as a result of a flood, storm, earthquake, or other natural disaster or catastrophe respecting which the governor of the state has certified the need for disaster assistance under any federal law. (e) Any area which by reason of its proximity to the border of an adjacent state is competitively disadvantaged in its ability to attract private investment, business or commercial development which would promote the purposes of this chapter. (f) "Deteriorated area" does not mean not developed beyond agricultural, or any agricultural operation as defined in section 22-4502(1), Idaho Code, or any forest land as defined in section 63-1701(4), Idaho Code, unless the owner of the agricultural operation or the forest landowner of the forest land gives written consent to be included in the deteriorated area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. https://legislature.idaho.gov/statutesrules/idstat/Title50/T50CH29/SECT50-2903/ 12/7/2017 Section 50-2903 — Idaho State Legislature Page 4 of 6 (9) "Facilities" means land, rights in land, buildings, structures, machinery, landscaping, extension of utility services, approaches, roadways and parking, handling and storage areas, and similar auxiliary and related facilities. (10) "Increment value" means the total value calculated by summing the differences between the current equalized value of each taxable property in the revenue allocation area and that property's current base value on the base assessment roll, provided such difference is a positive value. (11) "Local governing body" means the city council or board of county commissioners of a municipality. (12) "Plan" or "urban renewal plan" means a plan, as it exists or may from time to time be amended, prepared and approved pursuant to sections 50-2008 and 50-2905, Idaho Code, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (13) "Project" or "urban renewal project" or "competitively disadvantaged border areas" may include undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include: (a) Acquisition of a deteriorated area or a deteriorating area or portion thereof; (b) Demolition and removal of buildings and improvement; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, open space, off- street parking facilities, public facilities, public recreation and entertainment facilities or buildings and other improvements necessary for carrying out, in the urban renewal area or competitively disadvantaged border community area, the urban renewal objectives of this act in accordance with the urban renewal plan or the competitively disadvantaged border community area ordinance. (d) Disposition of any property acquired in the urban renewal area or the competitively disadvantaged border community area (including sale, initial leasing or retention by the agency itself) or the municipality creating the competitively disadvantaged border community area at its fair value for uses in accordance with the urban renewal plan except for disposition of property to another public body; (e) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; (f) Acquisition of real property in the urban renewal area or the competitively disadvantaged border community area which, under the urban renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, httos:Hlegislature.idaho.gov/statutesrules/idstatITitle5O/T50CH29/SECT50-2903/ 12/7/2017 Section 50-2903 — Idaho State Legislature Page 5 of 6 repair or rehabilitation of the structures for guidance purposes, and resale of the property; (g) Acquisition of any other real property in the urban renewal area or competitively disadvantaged border community area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration, or to provide land for needed public facilities or where necessary to accomplish the purposes for which a competitively disadvantaged border community area was created by ordinance; (h) Lending or investing federal funds; and (i) Construction of foundations, platforms and other like structural forms. (14) "Project costs" includes, but is not limited to: (a) Capital costs, including the actual costs of the construction of public works or improvements, facilities, buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair or reconstruction of existing buildings, structures, and permanent fixtures; the acquisition of equipment; and the clearing and grading of land; (b) Financing costs, including interest during construction and capitalized debt service or repair and replacement or other appropriate reserves; (c) Real property assembly costs, meaning any deficit incurred from the sale or lease by a municipality of real or personal property within a revenue allocation district; (d) Professional service costs, including those costs incurred for architectural, planning, engineering, and legal advice and services; (e) Direct administrative costs, including reasonable charges for the time spent by city or county employees in connection with the implementation of a project plan; (f) Relocation costs; (g) Other costs incidental to any of the foregoing costs. (15) "Revenue allocation area" means that portion of an urban renewal area or competitively disadvantaged border community area where the equalized assessed valuation (as shown by the taxable property assessment rolls) of which the local governing body has determined, on and as a part of an urban renewal plan, is likely to increase as a result of the initiation of an urban renewal project or competitively disadvantaged border community area. The base assessment roll or rolls of revenue allocation area or areas shall not exceed at any time ten percent (10%) of the current assessed valuation of all taxable property within the municipality. (16) "State" means the state of Idaho. (17) "Tax" or "taxes" means all property tax levies upon taxable property. (18) "Taxable property" means taxable real property, personal property, operating property, or any other tangible https://legislature.idaho.gov/statutesruleslidstat/Title50/T50CH29/SECT50-2903/ 12/7/2017 Section 50-2903 — Idaho State Legislature Page 6 of 6 or intangible property included on the equalized assessment rolls. (19) "Taxing district" means a taxing district as defined in section 63-201, Idaho Code, as that section now exists or may hereafter be amended. (20) "Termination date" means a specific date no later than twenty (20) years from the effective date of an urban renewal plan or as described in section 50-2904, Idaho Code, on which date the plan shall terminate. Every urban renewal plan shall have a termination date that can be modified or extended subject to the twenty (20) year maximum limitation. Provided however, the duration of a revenue allocation financing provision may be extended as provided in section 50-2904, Idaho Code. History: (50-2903, added 1988, ch. 210, sec. 3, p. 393; am. 1990, ch. 430, sec. 4, p. 1190; am. 1994, ch. 381, sec. 2, p. 1223; am. 1996, ch. 322, sec. 54, p. 1081; am. 2000, ch. 275, sec. 1, p. 893; am. 2002, ch. 143, sec. 2, p. 396; am. 2011, ch. 317, sec. 6, p. 918; am. 2016, ch. 349, sec. 3, p. 1017.] How current is this law? Search the Idaho Statutes and Constitution https://legislature.idaho.gov/statutesruleslidstaVTitle50lT50CH291SECT50-2903/ 12/7/2017 EXHIBIT C ELIGIBILITY REPORT 4845-5232-4749, v. 1 BY THE COUNCIL: RESOLUTION NO. ZO 137 — I Z - BAUMEISTER, EVANS, HERNANDEZ LEWIS A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF CHUBBUCK, IDAHO, DETERMINING A CERTAIN AREA WITHIN THE CITY TO BE A DETERIORATED AREA OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS CHUBBUCK DEVELOPMENT AUTHORITY TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ("City Council") of the city of Chubbuck ("City") found that deteriorating areas exist in the City; therefore, for the purposes of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), by Resolution No. 4- 92, dated April 11, 1992, created an urban renewal agency pursuant to the Law, authorizing the urban renewal agency to transact business and exercise the powers granted by the Law and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Aat") upon making the findings of necessity required for creating the Urban Renewal Agency of the city of Chubbuck, also known as the Chubbuck Development Authority (the "Agency"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Pian Chubbuck Downtown Improvement Project (the "1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; CITY COUNCIL RESOLUTION - 1 WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BDCC and Assessor may be referred to as "Bannock County") entered into the intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically Iisting the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels from the 1992 Plan revenue allocation area commonly referred to as the "Old CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and improvement Plan (the "Pine Ridge Mall Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 759 on August 3, 2015, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the Agency Board retained J Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 630 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the "Study Area") to analyze and determine whether the Study Area is eligible for urban renewal planning, and provide the Agency Board with a report and recommendation; WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 (the "Report"), which examined the Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Report was submitted to the Agency, a copy of which is attached hereto as Exhibit A; WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions CITY COUNCIL RESOLUTION - 2 were found in the Study Area, i.e., a. outmoded street patterns/inadequate street layout, b. obsolete platting and faulty Iot layout in relation to size, adequacy, accessibility, or usefulness; and C. unsafe conditions; WHEREAS, the Study Area is predominantly open; WHEREAS, under the Act a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality; WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open areas, which are the same or similar to the conditions set forth above; WHEREAS, such additional conditions regarding open areas are present and are found in the Study Area; WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the Agency, on November 20, 2018, adopted Resolution No. 2018-03 (a copy of which is attached hereto as Exhibit B, without attachments thereto) accepting the Report and authorizing the Chair or Vice -Chair of the Agency to transmit the Report to the City Council requesting its consideration for designation of an urban renewal area and requesting; the City Council to direct the Agency to prepare an urban renewal plan for the Study Area, which plan may include a revenue allocation provision as allowed by law, as well as guidance on the boundary of the proposed project area, which may be geographically smaller than the area reviewed in the Report; WHEREAS, the Report includes a preliminary analysis concluding the base assessment roll value for the Study Area, together with the adjusted base assessment roll values for the existing revenue allocation areas, collectively do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, under the Law, Sections 50-2903(8)(t) and 50-2018 (8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(l), Idaho Code, or any forest land as defined in section 53-1701(4), Idaho Code, absent the consent of the owner of the agricultural operation or the forest landowner of the forest land, except for an agricultural operation or forest land that has not been used for three (3) consecutive years; CITY COUNCIL RESOLUTION - 3 WHEREAS, the Study Area includes parcels subject to such consent. While the necessary consents have not been obtained, any consents shall be obtained prior to submittal of any urban renewal plan for the Study Area to the City Council; WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2906 also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or a deteriorating area; and WHEREAS, it is desirable and in the best public interest that the Agency prepare an urban renewal plan for all, or a portion, of the geographic area identified in the Report located in the city of Chubbuck, county of Bannock, state of Idaho. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHUBBUCK, AS FOLLOWS: Section 1: That the Mayor and City Council finds and declares: (a) That the Study Area described in the Report is a deteriorated area or a deteriorating area, as defined by Chapters 20 and 29, Title 54, Idaho Code, as amended, within the city of Chubbuck, Idaho; (b) That there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as amended. within a designated area for the purpose of establishing an urban renewal plan; and (c) That the geographic area identified in the Report is determined to be a deteriorated area or a deteriorating area, as defined in Chapters 20 and 29, Title 50, Idaho Code, as amended, or a combination thereof, and such area is designated as appropriate for an urban renewal project. Section 2: That the Agency is hereby directed to commence preparation of an urban renewal plan for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Chapters 20 and 29, Title 50, Idaho Code, as amended. Section 3: That the Agency will obtain any agricultural operation consents from the real property owners, as may be necessary, prior to formally submitting the proposed urban renewal plan to the City Council for its consideration. Section 4: That this Resolution shall be in full force and effect immediately upon its adoption and approval. CITY COUNCIL RESOLUTION - 4 ADOPTED by the Council of the city of Chubbuck, Idaho, on December 5 201 S. n. APPROVED by the Mayor and City Council of Chubbuck Idaho, on December 2018. Kevin Eng or ATTEST: Rich Morgan, C ty lerk 4812-2001-5401, v. 1 CITY COUNCIL RESOLUTION - 5 -niphon Rd Eligibility Study for Siphon Interchange West Urban Renewal Area for Chubbuck Development Authority October, 2018 ■� A �rA► JFoster and Associates 425 Capital Avenue Idaho Falls Idaho 83402 Executive Summary This report examines approximately 650 acres northeast and east of the City of Chubbuck (the "City") to determine if the conditions exist which qualify all or part of the area as appropriate for an urban renewal project. The area studied lies west of I-15, south of Tyhee Road, east of Whitaker extended north, and north of Chubbuck Road. The proposed Siphon-Northgate interchange scheduled for construction on I-15 in 2019 is centrally located in the proposed urban renewal area. A small portion, slightly over ten acres, of the area under review is annexed to the City, and the remainder of the area under review is located in unincorporated Bannock County (the "County"). Landowners of the parcels in unincorporated County have petitioned for annexation. The parcels within the study area (the "Study Area") are predominantly open lands and in agricultural use, either as irrigated agriculture, non- irrigated agriculture, or dry land grazing. It is anticipated the landowners of agricultural parcels will or have given consent for their parcels to be included in an urban renewal area. The Study Area is found to be a deteriorated area and/or a deteriorated area, and therefore, is eligible for an urban renewal project under the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") for the following reasons: 1. Obsolete platting (open land criteria) and faulty lot layout due to size and usefulness. With the anticipated demand for business and mixed use growth in the area surrounding the new interchange with I-15, the existing land use pattern of ownerships of large agricultural acreages or large residential lots will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand for businesses, technology, and mixed uses, will result in the economic underdevelopment of the area. 2. Outmoded street patterns/inadequate street layout. The majority of existing streets in the Study Area have two travel lanes with uneven shoulder widths and no pedestrian facilities. These streets do not meet current street standards or offer safety to pedestrians. More importantly, as illustrated by the 2018 functional class road system map in the Chubbuck Comprehensive Plan, as amended (the "Comprehensive Plan"), the existing road pattern does not serve major portions of the Study Area, especially those lands near and adjacent to I-15 east of the Fort Hall Main Canal. 3. Unsafe conditions. A central public water system and a sewer collection system does not serve most of the Study Area. The lack of fire hydrants in the Study Area reduces fire protection. DEQ has identified a portion of the Study Area as an area where water quality may be degraded due to nitrates. This situation increases the importance of central water and sewer systems. Three floodplains lie west of I-15 in the Study Area. Although this Study has found the lands included in the Study Area to be eligible for an urban renewal project, a finding of eligibility does not commit either the Urban Renewal Agency of the City of Chubbuck also known as the Chubbuck Development Authority (the "Agency") or the City Council of the City of Chubbuck (the "City Council") to include any or all portions of the Study Area within an urban renewal project area. I Background "Interchange project expected to trigger economic boom for Pocatello area," was the headline on August 16, 2018, in an Idaho State Journal article about the proposed Siphon-Northgate interchange to be constructed on I-15 in 2019. Earlier headlines from the same publication described a "massive wave of development" to be triggered by the new I-15 interchange and associated private development. Growth as described in the articles, including a technology park, shopping centers, new neighborhoods, and parks, demands major investments in public infrastructure. Tax increment, or revenue allocation financing is one of the few tools available to local governments in Idaho to assist with financing such infrastructure in cooperation with private developers, to respond to the demands created by growth, and to create jobs. The Idaho Legislature authorized tax increment financing in Idaho in 1988 with the passage of the Act. The purpose of the Act is to provide a means to raise revenue to finance the economic growth of communities and development of deteriorating areas and/or deteriorated areas through financing public improvements. Since its passage in 1988, tax increment financing has grown from a tool to not only redevelop deteriorating and/or deteriorated downtowns and increase the tax base of a community but also as an economic development tool to create jobs by providing public improvements to areas in Idaho communities without the necessary infrastructure to promote private development. Description of Eligibility Study Area This Study examines a Study Area approximately 650 acres in size west of I-15 in the vicinity of Siphon and Tyhee Roads as described above. The purpose of this Study is to determine if conditions exist which qualify all or a portion of the Study Area for designation as appropriate for an urban renewal project. The Study Area consists of thirty parcels owned by eighteen property owners according to Bannock County online parcel maps. A new interchange to I-15, the Siphon-Northgate Interchange, is planned three quarters of a mile north of Chubbuck Road. In the Study Area, the principal arterial streets of Siphon Road, Tyhee Road, and Hiline Road provide a spine for a future road system to serve approximately 650 acres. This Study Area is predominantly irrigated agricultural land or dry grazing land. Clusters of single-family homes on Tree Valley Road and Buffalo Road are located in or surrounded by the Study Area. 2 E Chubbuck;Rd a A East of Whitaker Road, the City is improving and extending Siphon Road to provide access to the Siphon-Northgate Interchange with I-15. The interchange itself has not been started and will not be completed until August, 2019, at the earliest. The improvements on Siphon Road from the intersection with Whitaker Road to the interchange will include widening the road to four travel lanes, drainage facilities, and sidewalk/pedestrian facilities. Improvements will be 3 constructed on Hiline Road at the intersection with Siphon Road. Hiline and Siphon Roads outside of the interchange connection improvements are two lane roads with barrow pits and no pedestrian facilities. Tyhee Road at the north end of the study area is also a two lane road with barrow pits and no pedestrian facilities. The City water system serves a portion of the Study Area. Water mains are located in Siphon Road and Hiline Road south of Siphon Road. Therefore, the majority of the Study Area is not served by a public water distribution system. The City's sanitary sewer lines are located in Siphon Road and a portion of Hiline Road north and south of Siphon Road. Most of the 650 acres in Study Area are not served by a public sewer system. Community Plans for Study Area In 2015, the regional transportation planning organization for the County, City of Pocatello, and the City completed the BTPO 2040 Metropolitan Transportation Plan, Amendment 1. A preferred scenario is included in the plan. According to the document, the scenario is based on public feedback, the performance of various scenarios outlined in the document, and local vision and goals for the transportation network. In the preferred scenario, business employment growth spurred by the Siphon-Northgate Interchange is expected to extend into north Chubbuck along Siphon Road and Hiline Road towards Tyhee Road. Below: Portion of Conceptual Scenario Map, Preferred Scenario, page 20. BTPO 2040 Metropolitan Transportation Plan. 1 Business employment growth in vicinity of planned Siphon interdrange, to extend into North Chuhhudc along Siphon Read Mixed use and residential development is a longer -range vision that may not o[tur within the 20 -year planning horiwn More mixed use development dousing growth anticipated in Saterfield Development area Robim residential and employment growth M In the Chubbuck Comprehensive Plan, Our Valley, Our Vision, as recently updated, the land use designation on Siphon Road east of Hiline Road is commercial. The mixed use designation is on Siphon from Hiline Road to Whitaker Road and lines Hiline Road. The employment designation is north of Siphon Road to Tyhee Road along the Union Pacific railroad and adjacent to I-15 north of Chubbuck Road. Medium density is shown in the northeast corner of the Study Area. The Chubbuck Comprehensive Plan, under community design, has an objective of a strong arrival feature at the entrance way at the Siphon- Northgate Interchange. Landscaping is discussed as a component of this arrival feature. 5 A functional class road system map is included in the Chubbuck Comprehensive Plan. In June of 2018, the map was updated and includes not only the future interchange of Siphon Road extended and I-15 but the plan to realign the Tyhee Road-Hiline intersection and create a Tyhee Road north -south corridor on the bench between Hiline Road and I-15. In addition to improvements to Tyhee Road, the road system map proposes the extension of Whitaker to Tyhee Road and the creation of a north -south collector to the east of Hiline Road. Portion of 2018 Functional Class Road System map. Black: Principal arterial Blue Minor arterial Pink: Collector The existing comprehensive plans above are being implemented with the annexation requests filed in August, 2018, for the parcels in the Study Area. The zoning district, General Commercial zone (C-2), is being proposed north and south of Siphon Road east of Hiline Road to the I-15 interchange. The purpose of the General Commercial zone is provide for a variety of businesses for both community and regional markets. Although the areas north and south of this proposed commercial district are being proposed for agricultural zoning in the annexation request for approximately 650 acres, the staff report prepared by the Chubbuck planning department states the owners of the properties wish to develop their lands under the proposed mixed use zone, the Creative Community Zone. The Agriculture Zone is a place holder until development plans can be prepared. 2 Statutory Criteria for Deteriorating Areas and Open Land Generally, eligibility criteria are set forth in the definitions of "deteriorated area" found in Idaho Code Sections 50-2018(9) and 50-2903(8), and "deteriorating area" found in Idaho Code Section 50-2018(9). A deteriorated area means: an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of: 1. dilapidation, 2. deterioration, 3. age or obsolescence, 4. inadequate provision for ventilation, light, air, sanitation, or open spaces, 5. high density of population and overcrowding, 6. or the existence of conditions which endanger life or property by fire and other causes, 7. or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. Idaho Code Section 50-2018(8). See also, Idaho Code Section 50-2903(8)(a). In general, these conditions were not identified or observed in the Study Area. A deteriorating area means: an area which by reason o£ 1. the presence of a substantial number of deteriorated or deteriorating structures, 2. predominance of defective or inadequate street layout, 3. faulty lot layout in relation to size, adequacy, accessibility or usefulness, 4. insanitary or unsafe conditions, 5. deterioration of site or other improvements, 6. diversity of ownership, 7. tax or special assessment delinquency exceeding the fair value of the land, 8. defective or unusual conditions of title, 9. or the existence of conditions which endanger life or property by fire and other causes, 10. or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; provided, that if such deteriorating area consists of open land the conditions contained in the proviso in section 50- 2008(d), Idaho Code, shall apply. Idaho Code Section 50-2018(9). See also, Idaho Code Section 50-2903(8)(b). 7 While there is no definition of "open land" in the Law or the Act, there are specific eligibility criteria for "open land" set forth in Idaho Code Section 50-2903(8)(c). The Study Area appears to be predominantly open land. A "deteriorated area" means, in part: Any area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. The provisions of Section 50- 2008(d), Idaho Code, shall apply to open areas. Idaho Code Section 50-2008(d) does not specifically address eligibility; rather, it sets forth the necessary findings for an Agency to acquire open land for residential use or nonresidential uses. If the Agency is to acquire open land for residential purposes, the City Council must determine that: 1. a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; 2. the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; 3. the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; 4. and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality. If the Agency is to acquire open land for nonresidential purposes, the City Council shall determine such nonresidential uses are: necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. It can be argued the criteria for acquisition of nonresidential uses by an agency are the same or similar to the general criteria for eligibility. Therefore, if deteriorating conditions exist, the Agency would necessary meet the acquisition standard. Under the Law and the Act, an agricultural operation or forest land cannot be deemed a deteriorating area or a deteriorated area or included within an urban renewal area unless the owner of the agricultural operation or forest landowner gives his/her written consent to be included in the urban renewal district: "Deteriorated area" does not mean not developed beyond agricultural, or any agricultural operation as defined in Section 22- 4502(1), Idaho Code, or any forest land as defined in Section 63- 1701(4), Idaho Code, unless the owner of the agricultural operation or the forest landowner of the forest land gives written consent to be included in the deteriorated area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. (Emphasis added.) Idaho Code Section 50-2903(8)(f); see also, Idaho Code Sections 50-2018(8) and (9). 0 Findings Windshield and walking surveys as well as meetings with City staff and a review of applicable resources and references reveal the existence of the following criteria for eligibility in the Study Area. Obsolete platting/faulty lot layout: Obsolete platting is an eligibility criteria for open land. Obsolete platting may include either older subdivision plats which contain lots too small for today's market or the opposite, i.e., lots too large to accommodate growth without further subdivision. In the open land scenario, the latter condition is more likely to be found. In the Study Area, land ownerships vary from single-family homes on approximately one-half acre lots to agricultural lands about 250 acres in size. Homes on large lots or small agricultural parcels occupy about 43 acres of the Study Area. Farms or lands used for agriculture occupy approximately 580 acres. Community future land use plans as well as regional plans for the City articulate significant growth from the Siphon-Northgate interchange north to Tybee Road. The present land ownership pattern, i.e., large agricultural parcels, requires further subdivision and, therefore, impairs the sound growth of the City towards I-15. The parcel size results in economic underdevelopment of the area. Inadequate street system/outmoded streets. Siphon, Hiline, and Tyhee Roads are principal arterial streets serving the Study Area. They are presently, with the exception of the construction of Siphon Road from Whitaker Road to the proposed I-15 interchange, two lane roads with approximately twelve foot travel lanes and shoulders varying in width from one to six feet. Drainage facilities are limited to barrow pits, and there are no pedestrian facilities. The roads do not meet present City road standards or comply with plans for an improved road system to serve the area. The present roads are not suitable to serve the projected business development and mixed land use planned on the west side of the Siphon-Northgate interchange. The existing system of roads retards the development of the area. Other than the arterial streets, there are few existing streets west of I-15 in the Study Area to serve the area and provide access within the Study Area or to other parts of the community. Buffalo Road is a long dead-end street. Tree Valley is an unimproved gravel dead-end street. There is no consistent collector or interior street system west of I-15. The present street pattern does not promote the movement of traffic from undeveloped parcels to the community. Chubbuck Road has been the primary east/west road in Chubbuck. As early as 2010, the lack of connectivity was seen as an issue as well as congestion due to the lack of north/south accesses, according to BTPO. The construction of the interchange will improve Siphon Road to a limited 10 extent and provide another east -west street. However, it will also introduce more traffic into the Study Area. To provide access along the bench east of Hiline Road and to bridge the Fort Hall Main Canal, the City is proposing to extend Tyhee southeast paralleling I-15. This planned improvement will improve east/west access as well as north/south access. An urban renewal area in this portion of the community will provide a means to create access to lands closest to I-15 and eliminate a substandard arterial street. It will address the issue of connecting growth near I- 15 and on the bench with other portions of the Study Area and the City. Unsafe Conditions. The majority of the Study Area is not served by a water distribution system or a sewer collection system. The area east of the Union Pacific Railroad and north of Siphon Road as well as the area north of Tree Valley and west of I-15 is not served by a water distribution system. Fire protection is an issue since this area is not served by fire hydrants. Those portions on the bench and adjacent to the proposed interchange will face pressures for development as the demand for commercial uses increase. Significant investments are needed to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. In the illustrations below, the area shown in pink and lying west of I-15 is included in the Study Area and has no public water or sewer system with the exception of a sewer trunk line lying in a portion of Hiline Road. Water system, Chubbuck. Sewer system, Chubbuck. A portion of the Study Area lying west of I-15 has been identified as an Idaho DEQ 2014 Nitrate Priority Area. Such an area is a general area where nitrate levels are likely to be elevated, and 11 ground water quality may be degraded. In such an area, the development of a central water distribution system is an important public priority to assure the safety of residents. The sewer collection system, with the exception of an approximately 4,000 feet of trunk line in Hiline Road north of Siphon Road, does not serve the Study Area. There is no collection system beyond this one sewer line. Considering the issues with nitrates in the Study Area, service by a public sewer collection system to growth in the area is a priority. Photographs of Tyhee Road and Hiline, construction on Siphon Road, and Hiline Road, August, 2018. Three floodplains exist in the Study Area west of I-15. Little Pocatello Creek has a floodplain located north of Chubbuck Road from I-15 to Hiline Road. The floodplain flows near the southern portion of Tree Valley Road. Buffalo Creek has a 1 % floodplain lying between Hiline Road and I-15 from Buffalo Road east. A third 1% floodplain, or Zone AE, lies east of Hiline to I-15 south of West Walton Road. Floodplain, Little Pocatello Creek, City of Chubbuck Website. 12 Idaho Department of Water Resources, Flood Hazard Maps, Zone AE illustrated. As a reflection of the floodplain of the Little Pocatello Creek, there are storm drainage issues west of I-15 and north of Chubbuck Road. The location of floodplains will require mitigation in development plans and possibly additional public infrastructure, depending on solutions to address potential flooding. To summarize, at least one open land criteria for eligibility has been found in the Study Area: obsolete platting. The existing land ownership pattern of large acreages in single ownership substantially arrests the growth of the City to the northeast and east. The existing land use patterns results in economic underdevelopment of the area will continue to do so in the long term. The additional criteria found in the Study Area and enumerated in the Law for non-residential acquisition of open land, Idaho Code Section 50-2008(d), are: 1. Outmoded street patterns. See discussion of inadequate street system above. 2. Unsuitable topography. See discussion of floodplain areas above. 3. Faulty lot layouts. See obsolete platting discussion above. 4. Need for correlation of area with other areas by streets. See discussion under inadequate street system above. The present state of the proposed urban renewal area as revealed in the findings above fulfill the following criteria under "deteriorating," Idaho Code Section 50-2018(9): 1. Faulty lot layout in relation to ....usefulness. 13 2. Predominance of defective or inadequate street layout, 3. Insanitary or unsafe conditions, or 4. Any such combination of factors which arrest the sound growth of the municipality. Agricultural Operations in Study Area The owners of the agricultural operations in the Study Area will need to give their written consent to be included within any revenue allocation area: ...Provided, however, this definition (deteriorated area or deteriorated area) shall not apply to any agricultural operation, as defined in section 22- 4502(2), Idaho Code, absent the consent of the owner of the agricultural operation.... except for an agricultural operation ... that has not been used for three (3) consecutive years. Idaho Code Section 50-2018(8) and (9); Idaho Code Section 50-2903(8)(f). There are three landowners who have agricultural exemptions on their lands. These exemptions cover over 425 acres or approximately 68% of the Study Area. The amount of value assigned for agricultural exemptions will be included in the base value of any revenue allocation area when the land use changes on these exempted agricultural lands: The equalized assessed valuation of the taxable property in a revenue allocation area as shown on the base assessment roll shall be increased by the equalized assessed valuation, as of the date of the base assessment roll, of taxable property in such revenue allocation area that becomes taxable after the date of the base assessment roll, provided any increase in valuation caused by the removal of the agricultural exemption from undeveloped agricultural land in a revenue allocation area shall be added to the base assessment roll. Idaho Code Section 50-2903(4). There may be parcels within the Study Area which are agricultural parcels which do not have exemptions, e.g., if there are parcels which are used for grazing or have been farmed recently, written permission will be needed to include such parcels within the district. Ten Percent Limitation on Assessed Valuation within Revenue Allocation Area Under Idaho Code Section 50-2903(15), the collective base assessment rolls of all revenue allocation areas in the City are not to exceed ten percent of the current assessed valuation of all taxable property within the City. 14 "Revenue allocation area" means that portion of an urban renewal area ....where the equalized assessed valuation (as shown on the taxable property assessment rolls) of which the local governing body has determined, on and as a part of an urban renewal plan, is likely to increase as a result of the initiation of an urban renewal project .... The base assessment roll or rolls of revenue allocation area or areas shall not exceed at any time ten percent (10%) of the current assessed valuation of all taxable property within the municipality. Idaho Code Section 50-2903(15). The City's current assessed valuation of taxable property within the City is $779,359,220. Ten percent of that valuation is $77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values of these revenue allocation areas according to Bannock County are: Central Chubbuck $ 13,382,652 Pine Ridge Mall $ 36,163,800 The 2018 estimated base for the Study Area is $3,089,605. According to the County, there is no significant personal property value in the Study Area. The adjusted base values for the Central Chubbuck Project Area and the Pine Ridge Mall Project Area include personal property. The total valuation for the two existing revenue allocation areas and this proposed area, not considering conversion to non-agricultural uses, is $52,636,057 or slightly less than 7% of the total valuation. 15 Conclusion The Study Area meets the criteria for eligibility under Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(d). In addition, due to faulty lot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, and unsuitable topography in a portion of the Study Area, the Study Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). Criteria Criteria Characteristics supporting finding Met? Obsolete platting, Yes Further subdivision with local street and collector street Section 50-2903(8)(c) patterns are required to allow orderly growth spurred by interchange and private development proposals. Substantially arrests Yes Large agricultural parcels impair sound growth of sound growth of Chubbuck. Without further subdivision, demand for municipality, Section growth will need to leapfrog proposed urban renewal 50-2903(8)(c) area. Faulty lot layouts, Yes Large land ownerships are not useful or adequate to Section 50-2008(d), accommodate commercial growth and mixed uses which Section 50-2018(9) need smaller lots for business and higher density housing. Inadequate street Yes The Study Area has arterial streets which do not meet layout, Section 50- modern street standards or provide pedestrian or biking 2018(9) facilities. The pattern of existing streets does not serve the bench area or provide a collector or local street system in the Study Area. Outmoded street Yes See above. The outmoded street patterns, obsolete patterns, Section 50- platting, and lack of central water and sewer systems 2008(d) retard the development of the area. Need for correlation Yes The existing arterial street system does not meet today's of the area with other standards. There is no coordinated street system east of areas of municipality Hiline nor a collector street system north of Siphon Road by streets or modern and east of Yellowstone Highway. traffic requirements, Section 50-2008(d) 16 Unsafe conditions, Yes A public water distribution system or a public sewer Section 50-2018(9) collection system does not serve most of the proposed urban renewal area. Fire hydrants are lacking in most the Study Area. There are no pedestrian facilities in much of the Study Area. Three floodplains exist in the Study Area. Substantially impairs Yes An inadequate street system, faulty lot layout, and the sound growth, lack of a centralized water and sewer system inhibits the Section 50-2018 (9) sound and orderly growth of the City in this area of anticipated demand for growth. 17 Next Steps: The Urban Renewal Process If an urban renewal agency is in existence in a community, the creation of revenue allocation area, begins with an eligibility study. The purpose of the eligibility study is to determine if a specific geographic area meets the criteria for a deteriorating area and/or a deteriorated area as defined in the Law and the Act to be included in an urban renewal project. If it is determined the Study Area has such characteristics, the Agency may accept the eligibility study and request its consideration by the City Council. No urban renewal district can be formed unless the City Council adopts a resolution finding the area under consideration is a deteriorated area and/or a deteriorating area. If the area under consideration includes land which does not lie within the jurisdictional boundaries of the City, the Board of County Commissioners must adopt a resolution declaring a need for an urban renewal project prior to City Council consideration. If any land within the proposed district has been used for an "agricultural operation" within the past three years, the property owner must consent to inclusion of his/her land within the district. If the City Council makes the necessary findings by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion or all of lands considered eligible. The urban renewal plan is to include the following with specificity: (1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) A statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) An economic feasibility study; (4) A detailed list of estimated project costs; (5) A fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; (6) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) A termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; (8) A description of the disposition or retention of any assets of the agency upon the termination date. Once the plan is prepared and approved by the Agency, it is forwarded to the City Council. The City Council forwards the plan to the City planning commission for its determination that the plan conforms to the city's comprehensive plan. The City Council also schedules the public hearing, and notice of the hearing is published, and a copy of the notice and plan is sent to all taxing entities at least thirty days prior to the date set for the public hearing. If lands outside the City are included within the proposed district, an intergovernmental agreement is drafted and approved by the county and city, together with a transfer of powers ordinance. The City Council must approve an urban renewal district, including the revenue allocation area, by an ordinance. If the ordinance is adopted by the City Council, the ordinance summary is published, the ordinance is recorded, and a copy of the ordinance with legal description of the district and a map as well as a copy of any intergovernmental agreement is distributed to all the taxing entities and the State Tax Commission. By state statute, an ordinance approving a district and revenue allocation area is effective January 1 of the year in which the revenue allocation area is established: this retroactive effect recognizes projects necessary to generate tax increment may have begun prior to the approval of the plan to meet private deadlines and encourage economic development. The district has a maximum life of twenty years under Idaho statutes. 19 SOURCES AND REFERENCES 1. Interviews with Rodney Burch, PLS, Public Works Director, and Devin Hillam, MPA, Planning and Development Director, City of Chubbuck. August 28, 2018. 2. Interview with Anita Hymas, Chief Deputy, Bannock County Assessor. August 28, 2018. 3. 2018 Chubbuck Urban Renewal Evaluation, Bannock County Assessor's Office, August 29, 2018. 4. Staff Report, Chubbuck Land Use and Development Commission, Request to amend Land Use Designations of Chubbuck's Comprehensive Plan to add approximately 950 acres of land to Commercial and Mixed Use, August 23, 2018. Planning and Development Department, Chubbuck. August 23, 2018. 5. Staff Report. Chubbuck Land Use and Development Commission, A request for Category Annexation of approximately 660 acres with Agricultural and Commercial General zoning designations. Planning and Development Department, Chubbuck, August 29, 2018. 6. Staff Report. Chubbuck Land Use and Development Commission. A request to amend the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to change the designation of approximately 150 acres of land to Commercial. Planning and Development Department, Chubbuck. August 23, 2018. 7. Chubbuck Land Use and Development Commission Agenda, September 18, 2018. Annexation request for 680 acres west of I-15 and 832 acres east of I-15. September 18, 2018. 8. Chubbuck Comprehensive Plan, Our Valley, Our Vision, January, 2002, with updates through June, 2018. 9. BTPO 2040 Metropolitan Transportation Plan, Final Report (January 1, 2015) and Amendment 1 (May 1, 2015). 10. Final Report: 1-15 Environmental Study Concept Report, June 2007. Prepared for Idaho Transporation Department by CH2MHill. 11. Bannock County Online Parcel Viewer. https://bannock.maps.arcgis.com/gpps/ webappviewer/index.html?id=dfe86cb077844d8f8b68ba01ac6f7087. Contains 2017 valuations. 12. Chubbuck GIS System maps provided by Ryan Howerton, GIS Specialist, Chubbuck. Maps of water system, sewer system, fire hydrants, land use classifications, floodplains, road classifications, proposed URA. September and October, 2018. 13. Email, Richard Morgan, City of Chubbuck, City valuation, August 28, 2018. 20 14. Idaho State Tax Commission, List of Categories, Property Tax Rules 130, 510, 511, and 512. 15. 2014 NPA Delineation and Ranking Process. Idaho Department of Environmental Quality. July, 2014. https://www.deq.idaho.gov/media/ .../nitrate-priority-area-delineation-ranking_2014.pdf 16. "Northgate project delayed until at least summer 2019," Idaho State Journal, August 5, 2018. 17. "Interchange project expected to trigger economic boom for Pocatello area," Idaho State Journal, August 16, 2017. 18. "Northgate project expected to trigger massive wave of development," Idaho State Journal, 19. "City of Pocatello Annexes 300 Acres for Northgate Project," www.kpvi/news/local, December 11, 2017. 20. Minutes, City of Pocatello City Council, February 15, 2018. 21. "Northgate partners say project is no Hoku," Idaho State Journal, August 11, 2018. 22. Telephone conversation, Melanie Gygli, Director, City of Pocatello Planning and Development Services, September 21, 2018. 23. Memorandum, Siphon Road Extension, Phase 2 - Hiline/Siphon Intersection: Traffic Demand Forecast and Capacity Analysis, From Cameron Waite to Rodney Burch. August 16, 2017. 24. Taxing District Details, Ordinance No. 3001, February 15, 2018, City of Pocatello, Idaho State Tax Commission, https://tax.idaho. gov/i-1070.cfm?year=2019&fips=ID005&Ord=ord%2E%5F3004 25. Idaho State Tax Commission, Urban Renewal Registry, Chubbuck #5 and Pine Ridge Mall. https://tax.idaho.gov/i-2007.cfm 26. Stanley Consultants, I-15 Northgate Interchange, Project No. A020(314), Key No. 20314, Northgate Parkway. 27. Idaho Department of Water Resources, Floodplain Management, httDs:Hidwr.idaho.gov/floods/mqp.html 28. 4845-4271-4235, v. 1 21 RESOLUTION NO. Zd (9 - OE3 BY THE COUNCIL: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF CHUBBUCK, IDAHO, DETERMINING A CERTAIN ADDITIONAL AREA WITHIN THE CITY TO BE A DETERIORATED AREA OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF. CHUBBUCK, IDAHO, ALSO KNOWN AS CHUBBUCK DEVELOPMENT AUTHORITY TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ("City Council") of the city of Chubbucic ("City") found that deteriorating areas exist in the City; therefore, for the purposes of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), by Resolution No. 4- 92, dated April 11, 1992, created an urban renewal agency pursuant to the Law, authorizing the urban renewal agency to transact business and exercise the powers granted by the Law and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") upon malting the findings of necessity required for creating the Urban Renewal Agency of the city of Chubbuck, also known as the Chubbuelc Development Authority (the "Agency"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan. Clnibbuck Downtown Improvement Project (the "1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Plan, and malting certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; CITY COUNCIL RESOLUTION - 1 WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bamiock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as "Bannock County") entered into the Intergovernmental Agreement With Respect to the Chubbuelc Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation frons the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terns of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels from the 1992 Plan revenue allocation area conuiionly referred to as the "Old CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2015, approving the First Amendment and rnaldng certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mall Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 759 on August 3, 2015, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the Agency Board retained J Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 550 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbucic Road (the "Study Arca") to analyze and deterrnine whether the Study Area is eligible for urban renewal planning, and provide the Agency Board with a report and recommendation; WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 (the "2018 Study"), which examined the Study Area for the purpose of detennining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency Board on November 20, 2018, by way of Resolution No. 2018-03, accepted the 2018 Study and authorized the Agency Chair to submit the Resolution and 2018 Study to the City Council for its consideration; CITY COUNCIL RESOLUTION - 2 WHEREAS, the City Council on or about December 5, 2018, adopted and approved Resolution No. 2018-12 finding the Study Area described in the 2018 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan. A copy of the 2018 Study is attached hereto as Exhibit A; WHEREAS, after adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional area; WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019 (the "2019 Study"), which examined two additional open land parcels totaling approximately 75 acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road and west of Interstate 15 (the "Supplemental Study Area"), for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WIFEREAS, the 2019 Study was submitted to the Agency, a copy of which is attached hereto as Exhibit B; WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions were found in the Supplemental Study Area, i.e., a. outmoded street patterns/inadequate street layout; b. obsolete platting and faulty lot layout in relation to size, adequacy, accessibility, or usefulness; and cl unsafe conditions; WHEREAS, the Supplemental Study Area is predominantly open; WHEREAS, under the Act a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. See Idaho Code § 50- 2903(8)(c); WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(4) list the additional conditions applicable to open areas, including open land areas to be acquired by the Agency, which are the same or similar to the conditions set forth above; CITY COUNCIL RESOLUTION - 3 WHEREAS, such additional conditions regarding open areas are present and are found in the Supplemental Shady Area; WHEREAS, the effects of the listed conditions cited in the 2019 Study result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the Agency, on August 20, 2019, adopted Resolution No. 2019- 0 8 (a copy of which is attached hereto as Exhibit C, without attachments thereto) accepting the 2019 Study and authorizing the Chair or Vice -Chair of the Agency to transmit the 2019 Study to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan for the Supplemental Study Area, which plan may include a revenue allocation provision as allowed by law, as well as guidance on the boundary of the proposed project area, which may be geographically snnaller than the area reviewed. in the 2019 Study; WHEREAS, the 2019 Study includes a preliminary analysis concluding the base assessment roll value for the Supplemental Study Area, together with the adjusted base assessment roll values for the existing and proposed revenue allocation areas, collectively do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, under the Law, Sections 50-2903(8)(0 and 50-2018 (8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(1), Idaho Code, or any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the owner of the agricultural operation or the forest landowner of the forest land, except for an agricultural operation or forest land that has not been used for three (3) consecutive years; WHEREAS, the Supplemental Study Area includes parcels subject to such consent. While the necessary consents have not been obtained, any consents shall be obtained prior to submittal of any urban renewal plan for the Supplemental Study Area to the City Council; WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2906 also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or detei7nination that the area included in such plan is a deteriorated area or a deteriorating area; and WHEREAS, it is desirable and in the best public interest that the Agency prepare an urban renewal plan for all, or a portion, of the geographic area identified in the 2019 Study located in the city of Chubbuck, county of Bannock, state of Idaho. CITY COUNCIL RESOLUTION - 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHUBBUCK, AS FOLLOWS: Section 1: That the Mayor and City Council findsand declares: (a) That the Supplemental Study Area described in the 2019 Study is a deteriorated area, a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, within the city of Chubbuck, Idaho; (b) That there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan; and (c) That the geographic area identified in the 2019 Study is determined to be a deteriorated area or a deteriorating area, as defined in Chapters 20 and 29, Title 50, Idaho Code, as amended, or a commination thereof, and such area is designated as appropriate for an urban renewal project. Section 2: That the Agency is hereby directed to coimunence preparation of an urban renewal plan for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Chapters 20 and 29, Title 50, Idaho Code, as amended. Section 3: That the Agency will obtain any agricultural operation consents from the meal property owners, as may be necessary, prior to formally submitting the proposed urban renewal plan to the City Council for its consideration. Section 4: That this Resolution shall be in frill force and effect immediately upon its adoption and approval. ADOPTED by the Council of the city of Chubbuck, Idaho, on October _L6�,-2019. APPROVED by the Mayor and City Council of Chubbuck Idaho, on October _[(�,'20I 9. -A ��- � �► Kevin England,yor ATTEST: Cy , City Clerk 4838-4713-6676, v. 2 CITY COUNCIL RESOLUTION - 5 Eligibility Study for Siphon Interchange West Urban Renewal Area 2019 Supplement for Chubbuck Development Authority August, 2019 Executive Summary This 201.9 Supplement to the Eligibility Study for Siphon. Interchange West Urban Renewal Area, dated October, 2018, prepared by Jlaoster and Associates (the "2018 Study") examines an additional 75 acres of open land adjacent and contiguous to the area reviewed in the 2018 Study (the "2018 Study Area") that was determined to be eligible for an urban renewal project pursuant to City Council Resolution 2018-12, dated December 5, 2018. The area reviewed in this 2019 Supplement was annexed into the City after the City Council made its findings concerning the 2018 Study Area, This 2019 Supplement was prepared by staff of the City of Chubbuck (the "City") and the Urban Renewal Agency of the City of Chubbuck, also known as the Chubbuck Development Authority (the "Agency"), City and Agency staff note the conditions supporting eligibility of the 2018 Study Area remain unchanged since the City Council adopted its findings in Resolution 2018-12, on December 5, 2018, and the same conditions exist in the supplemental 75 acres reviewed herein (the "Supplemental Area"). The Supplemental Area is found to have certain conditions set forth in the definitions of a deteriorated area and/or a deteriorating area, and therefore, is eligible for an urban renewal project in accordance with Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") for the identical reasons as stated in the 2018 Study which generally are: 1) Obsolete platting/faulty lot layout. With the anticipated demand for business and mixed use growth in the area surrounding the new interchange with I-15, the existing land use pattern of ownerships of large agricultural acreages will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand for businesses, technology, and mixed uses, will result in the economic underdevelopment of the Supplemental Area, 2) Inadequate street systenn/outmoded streets. The existing roadways in the Supplemental Area are inconsistent with City standards and the existing road pattern does not serve the Supplemental Area. The Supplemental Area lacks interior collector and local roads. 3) Unsafe Conditions. The water and sewer system do not serve the interior of the Supplemental Area. The Supplemental Area also lacks fire hydrants impacting fire protection. Water duality in the Supplemental Area also remains a concern. Although this 2019 Supplement has f6wid the lands included in the Supplemental Area to be eligible for: an urban renewal project, a finding of eligibility does not commit either the Agency or the City Council of the City of Chubbuck (the "City Council") to include any or allportions of the Study Area within an urban renewal project area. 2 Background The 20 18 Study encompassed approximately 650 acres generally located west of 1-15, south of Tyhee Road, east of Whitaker extended north, and north of Chubbucic Road, The 2018 Study was accepted by resolution of the Chubbucic Development Authority on November 20, 2018 and by City Council on December 5, 2018. This 2019 Supplement is needed to review for eligibility two additional parcels that have recently annexed into the City in order to be considered for inclusion in any proposed urban renewal project area. This 2019 Supplement has been prepared by City and Agency staff. Description of Su 2lernental Eligibility Stwty Area This 2019 Supplement examines a Supplemental Area approximately 75 acres in size west of I- 15 in the vicinity of Siphon and Hiline Roads. The Supplemental Area consists of two parcels owned by separate property owners. In the Supplemental Area, the principal arteria] streets of Siphon Road, Whitaker Road, Hiline Road and Little Buffalo Creels Road provide a spine for a future road system in the 2018 Study Area and the Supplemental Area. The Supplemental Area is predominantly irrigated agricultural land or dry grazing land. No structures exist on the parcels in the Supplemental Area. Existing water and sewer mains exist in Siphon Road. The parcels in the Supplemental Area do not currently have water distribution or sewer collection facilities and therefore are not currently served by City water and sewer. The Chubbuck Comprehensive Plan, Our Valley, Our Vision, as recently updated, designates the land use for the Supplemental Area as commercial and mixed use for the westernmost parcel adjacent to Siphon Road and commercial and medium density for the parcel located between I-15 and Hiline Road and north of Siphon Road. S -PF --i Rd Amended Eligibility Study Area Of peal Area New Pa vicels I i 7 Carijinunity Plans for Sirppleniewal Area The conununity plans for the Supplemental Area reflect the same information as represented in the 2018 Study, and are specifically incorporated by reference herein. 4 Statutory Criteria for Deteriorating Areas and Open Ladd The eligibility criteria for the Supplemental Area reflect the sarne guidelines as represented in the 2018 Study, and are specifically incorporated by reference herein, Findings The findings for the Supplemental Area reflect the existence of the following criteria for eligibility in the Supplemental Area. Obsolete platting/faulty lot layout. Obsolete platting is an eligibility criterion for open land, See 2018 Study, Obsolete platting includes lots too large to accommodate growth without further subdivision. In the Supplemental Area, there are two large, open land parcels totaling 75 acres transitioning from agricultural use. Community future land use plans as well as regional plans for the City articulate significant growth from the Siphon-Northgate interchange with 1-15 north to Tyhee Road, The present land ownership pattern of large agricultural parcels requires further subdivision and, therefore, impairs the sought growth of the City towards 1-15. The parcel size results in economic underdevelopment of the Supplemental Area, Inadequate street system/outmoded streets, Siphon Road west of Whitaker Road continues to not conform with City standards and is a two-lane road with approximately twelve -foot travel lanes and shoulders varying in width from one to six feet. There are no pedestrian facilities and drainage facilities are limited to barrow pits. Likewise, Hiline Road fails to meet present City road standards or comply with plans for an unproved road system to serve the area. The existing system of roads retards the development of the Supplemental Area. Further, there are few existing streets west of I-15, There is no internal street network to serve the Supplemental Area, or to provide access within the Supplemental Area to other parts of the community. The lack of consistent collector or interior street system west of 1-15 does not promote the movement of traffic from undeveloped parcels to the community. An urban renewal area in this portion of the community will provide a means to create access to lands closest to 1-15 and eliminate a substandard arterial street. It will further address the issue of connecting growth near 1-15 with the Supplemental Area and the City. Unsafe Conditions. The Supplemental Area is not served by a water distribution system or a sewer collection system. Fire protection is an issue as the Supplemental Area is not served by fire hydrants. Significant investments are necessary to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. Ground water quality is an issue as the Supplemental Area is located where nitrate levels are likely to be elevated and groundwater duality may be degraded. The development of a central water distribution system is an important public priority to assure safety of residents and business owners, Agricultural Operations in Study Area The owners of the two parcels in the Supplemental Area will need to give thein written consent to be included within any revenue allocation area as the Supplemental Area has beenused for an agricultural operation within the last three years. Ten Percent Limitation on Assessed Valuation within Revenue Allocation ,Area At the date of the 2018 Study, the City's assessed valuation of taxable property within the City was $779,359,220. Ten percent of that valuation is ,$77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values of these revenue allocation areas according to Bannock County are: Central Chubbuck Pine Ridge Mall $ 13,382,652 $ 36,163,800 Additionally, the following base values have been included in previous Eligibility Study Areas. 2018 Study $ 3,089,605 Study Area East of 14 5 $ 57,600 The 2019 estimated base for the Supplemental Area parcels is $91,863. The total valuation for the two existing revenue allocation areas, the previous Eligibility Study Areas and this proposed Supplemental Area, not considering conversion to non-agricultural uses, is $52,785,520 or 6.8% of the total valuation. Conclusion The Supplemental Area meets the criteria for eligibility under Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(4). In addition, due to faulty lot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, the Supplemental Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). 0 Criteria Criteria Characteristics supporting finding Met? Obsolete platting, Yes Further subdivision with local street and collector street Section 50-2903(8)(c) patterns are required to allow orderly growth spurred by interchange and private development proposals. Substantially affests Yes Large agricultural parcels impair sound growth of sound growth of Chubbuck. 'Without further subdivision, demand for municipality, Section growth will need to leapfrog proposed urban renewal 50-2903(8)(c) area. Faulty lot layouts, Yes Large land ownerships are not useful or adequate to Section 50-2008(d), accommodate commercial growth and mixed uses which Section 50-2018(9) need smaller lots for business and higher density housing. Inadequate street Yes The Supplemental Area includes arterial streets which do layout, Section 50- not meet modern street standards or provide pedestrian or 2018(9) biking facilities. The pattern of existing streets does not provide a collector or local street system in the Supplemental Area. Outmoded street Yes See above. The outmoded street patterns, obsolete patterns, Section 50- platting, and lack of central water and sewer systems 2008(4) retard the development of the area. Need for correlation Yes The existing arterial street system does not meet today's of the area with other standards. There is no coordinated street system east of areas of municipality Hiline nor a collector street system north of Siphon Road by streets or modem and east of Yellowstone Highway.. traffic requirements, Section 50-2008(d) Unsafe conditions, Yes A public water distribution system or a public sewer Section 50-2018(9) collection system does not serve the Supplemental Area. Fire hydrants are lacking in the Supplemental Area. There are no pedestrian facilities in the Supplemental Area. Substantially impairs Yes An inadequate street system, faulty lot layout, and the lack sound growth, of a centralized water and sewer system inhibits the sound Section 50-2018 (9) and orderly growth of the City in this area of anticipated demand for growth. Next Steps: The Urban Renewal Process If it is determined the Supplemental Area meets the criteria for a deteriorating area and/or a deteriorated area, the Agency may accept the eligibility study and request its consideration by the City Council. If the City Council slakes the necessary findings by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion. or all of lands considered eligible. The plan. approval process is set forth in the 2018 Study. RESOLUTION NO. ZO aO - o I BY THE COUNCQ.: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF CHUBBUCK, IDAHO, DETERMINING A CERTAIN ADDITIONAL AREA WITHIN THE CITY TO BE A DETERIORATED AREA OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-21118(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS CHUBBUCK DEVELOPMENT AUTHORITY TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN OR PLANS SUBJECT 'f0 CERTAIN CONDITIONS, WHICH PLAN OR PLANS MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council") of the city of Chubbuck (the "City"} found that deteriorating areas exist in the City; therefore, for the purposes of the Idaho Urban Renewal Law of 1955, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), by Resolution No. 4-92, dated April 11, 1992, created an urban renewal agency pursuant to the Law, authorizing the urban renewal agency to transact business and exercise the powers granted by the Law and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") upon making the findings of necessity required for creating the Urban Renewal Agency of the city of Chubbuck, also known as the Chubbuck Development Authority (the "Agency"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "1992 Plan") to redevelop a portion of the City, pursuant to the Law and the Act, WHEREAS, the City Council. in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; CITY COUNCIL RESOLUTION - I WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as "Bannock County') entered into the Intergovernunental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with [lie State Tax Commission ("STC"} were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published., conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels from the 1992 Plan revenue allocation area commonly referred to as the "Old CarMike" parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, alter notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (.the "Pine Ridge Mall Pian"); WHEREAS, following said public Bearing, the City Council adopted its Ordinance No. 759 on August 3, 2016, approving the Pine Ridge Niall Plan and making.; certain findings; WHEREAS, the Agency Board retained 7 Foster & Associates LLC and authorized Renee Magee to continence an eligibility study and preparation of an eligibility report of an area approximately 650 acres in sue located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the "Study Area") to analyze and determine whether the Study Area is eligible for urban renewal planning, and provide the Agency Board with a report and recommendation, WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 (the "2018 Study"), which examined the Study Area for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2943(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency Board on November 20, 2018, by way of'Resolution trio_ 2018-03, accepted the 2018 Study and authorized the Agency Chair to submit the Resolution and 2018 Study to the City Council for its consideration; CITY COUNCIL RESOLUTION - 2 WHEREAS, the City Council on or about December S, 2018, adopted and approved Resolution No. 2018-12 funding the Study Area described in the 2018 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan, A copy of the 2018 Study is attached hereto as Exhibit A; WHEREAS, after adoption of Resolution No. 20t 8-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional area; WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August: 2019 (the "2019 Study"), which examined two additional open land parcels totaling approximately 75 acres in size adjacent and Contiguous to the Study Area generally located north of Siphon Road and west of interstate 15 (the "Supplemental St«dy Area"), for the purpose of'determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2019 Study was submitted to the Agency and the Agency Board on August 20, 2019, by way of Resolution No. 2019-03, accepted the 2019 Study and authorized the Agency Chair to submit the Resolution and 2019 Study to the City Council for its consideration; WHEREAS, the City Council on or about October 16, 2019, adopted and approved Resolution No. 2019-08 finding the Study Area described in the 2019 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan. A copy of the 2019 Study is attached hereto as Exhibit B; WHEREAS, after adoption of Resolution No. 2019-08 by the City Council, a property owner requested that additional property adjacent and contiguous to the Study Area and the Supplemental Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; WTMREAS, in February 2020, the Agency retained Outwest Policy Advisors and authorized Brent Tolman to commence an eligibility study and preparation of an eligibility report (the "2020 Study") of an area approximately 87 acres in size generally located at the southeast intersection of Tyhce Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls. The property is bordered by the UPRR Mainline on the west, Tyhee Road on the north, bordered on the east by a line of longitude at approximately 112'.27',23.00" Vit and bordered on the south by a line of latitude at approximately 42°,55.25.00" N. (the "2020 CITY COUNCIL RESOLUTTION - 3 Supplemental Study Area") for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 54-2018(9) and 50-2903(8); WHEREAS, the 2020 Study was submitted to the Agency, a copy of which is attached hereto as Exhibit C; WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions were found in the 2020 Supplemental Study Area, i.e., a. outmoded street patterns/inadequate street layout; b. obsolete platting and faulty lot layout in relation to size, adequacy, accessibility, or usefulness; c. insanitary or unsafe conditions; d. deterioration of site and other improvements; and e. existence of conditions which endanger lire or property by fire and other causes. WHEREAS, the 2020 Supplemental Study Area is predominantly open; WHEREAS, under the Act a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially isnpairs or arrests the sound growth of a municipality. See Idaho Cade § 50- 2903(8)(c); WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open areas, including open land areas to be acquired by the Agency, which are the same or similar to the conditions set forth above; WHEREAS, such additional conditions regarding open areas are present and are found in the 2424 Supplemental Study Area; W HER-EA S, the effects of the listed conditions cited in the 2020 Study result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the Agency, on May 19, 2020, adopted Resolution No. 2020-02 to copy of which is attached hereto as Exhibit D, without attachments thereto) accepting the 2020 Study and authorizing the Chair or Vice -Chair of the Agency to transmit the 2020 Study to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan or plans for the 2020 Supplemental Study Area, which plan or plans may include a revenue allocation provision as allowed by law, as well as guidance on the boundary of the proposed project area, which may be geographically smaller than the area reviewed in the 2020 Study; CITY COUNCIL RESOLUTION - 4 WHEREAS, the 2020 Study includes a preliminary analysis concluding the base assessment roll value for the 2020 Supplemental Study Area, together with the adjusted base assessment roil values for the existing and proposed revenue allocation areas, collectively do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, under the Law, Sections 50-2903(8)(f) and 50-2018 (8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(2), Idaho Code, or any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the owner of the agricultural operation or the forest landowner of the forest land, except for an agricultural operation or forest land that has not been used for three (3) consecutive years; WHEREAS, the 2020 Supplemental Study Area includes parcels subject to such consent. While the necessary consents have not been obtained, any consents shall be obtained prior to submittal of any urban renewal pian for the 2020 Supplemental Study Area to the City Council; WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2906 also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or a deteriorating area; and WHEREAS, it is desirable and in the best public interest that the Agency prepare an urban renewal plan or plans for all, or a portion, of the geographic area identified in the 2020 Study located in the city of Chubbuck, county of Bannock, state of Idaho, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHUBBUCK, AS FOLLOWS: Section 1: That the Mayor and City Council finds and declares: (a) That the 2020 Supplemental Study Area described in the 2020 Study is a deteriorated area, a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, within the city of Chubbuck, Idaho; (b) That there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan; and (c) That the geographic area identified in the 2020 Study is determined to be a deteriorated area or a deteriorating area, as defined in Chapters 20 and 29, Title 50, Idaho Code, as amended, or a combination thereof, and such area is designated as appropriate for an urban renewal project. CITY C011NCfL RESOLUnON - 5 Section 2: That the Agency is hereby directed to commence preparation of an urban renewal plan or plans for the Study Area, the Supplemental Study Area and the 2020 Supplemental Study Area for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Chapters 20 and 29, Title 50, Idaho Code, as amended. Section 3: That the Agency will obtain any agricultural operation consents from the real property owners, as may be necessary, prior to formally submitting the proposed urban renewal plan or plans to the City Council for its consideration. Section 4: That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the city of Chubbuck, Idaho, on - v.* $L 3 `� .2020. APPROVED by the Mayor and City Council of Chubbuck Idaho, on �,,,,�� 3rd , 2020. Kevin England, 11kyor ATTEST: City Clerk .:, CITY COUNCIL RESOLUTION - 6 s Exhibit A Eligibility Study Area I - w �� '.E, 6uek Rq % s Eligibility Study for Siphon Interchange West Urban Renewal Area for Chubbuck Development Authority October, 2018 or=Ak V rMA Hoster and Associates 425 Capital Avenue Idaho Falls Idaho 83402 Executive Su»tmag This report examines approximately 650 acres northeast and east of the City of Chubbuck (the "City") to determine if the conditions exist which qualify all or part of the area as appropriate for an urban renewal project. The area studied lies west of I-15, south of Tyhee Read, east of Whitaker extended north, and north of Chubbuck Road. The proposed Siphon-Northgate interchange scheduled for construction on 1-15 in 2019 is centrally located in the proposed urban renewal area. A small portion, slightly over ten acres, of the area under review is annexed to the City, and the remainder of the area under review is located in unincorporated Bannock County (the "County"), Landowners of the parcels in unincorporated County have petitioned for annexation. The parcels within the study area (the "Study Area") are predominantly open lands and in agricultural use, either as irrigated agriculture, non- irrigated agriculture, or dry land grazing. It is anticipated the landowners of agricultural parcels will or have given consent for their parcels to be included in an urban renewal area. The Study Area is found to be a deteriorated area and/or a deteriorated area, and therefore, is eligible for an urban renewal project under the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic Development Act, Chapter 29, Title 56, Idaho Cade, as amended (the "Act") for the following reasons: 1. Obsolete platting (open land criteria) and faulty lot layout due to size and usefulness. With the anticipated demand For business and mixed use growth in the area surrounding the new interchange with I-15, the existing land use pattern of ownerships of large agricultural acreages or large residential lots will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand for businesses, technology, and mixed uses, will result in the economic underdevelopment of the area. 2. Outmoded street patternslinadequate street layout. The majority of existing streets in the Study Alva have two travel lanes with uneven shoulder widths and no pedestrian facilities. These streets do not meet current street standards or offer safety to pedestrians. More importantly, as illustrated by the 2018 functional class road system map in the Chubbuck Comprehensive Plan, as amended (the "Comprehensive Plan"), the existing road pattern does not serve major portions of the Study Area, especially those lands near and adjacent to I-15 east of the Port Hall Main Canal_ 3. Unsafe conditions. A central public water system and a sewer collection system does not serve most of the Study Area, Tile lack of fire hydrants in the Study Area reduces fire protection. DEQ has identified a portion, of the Study Area as an area where water quality may be degraded due to nitrates. This situation increases the importance of central water and sewer systems. Three floodplains lie west of 1-15 in the Study Area. Although this Study has found the lands included in the Study Area to be eligible for an urban renewal project, a finding of eligibility does not commit either the Urban Renewal Agency of the City of Chubbuck also known as the Chubbuck Development Authority (the "Agency') or the City Council of the City of Chubbuck (the "City Council") to include any or all portions of the Study Area within an urban renewal project area. 1 Background `'Interchange project expected to trigger economic boom for Pocatello area," was the headline on August 16, 2018, in an Idaho State Journal article about the proposed Siphon-Northgate interchange to be constructed on I-15 in 2019..Earlier Headlines from the same publication described a "massive wave of development" to be triggered by the new 1-15 interchange and associated private development. Growth as described in the articles, including a technology park, shopping centers, new neighborhoods, and parks, demands major investments in public infrastructure. Tax increment, or revenue allocation financing is one of the few tools available to local governments in Idaho to assist with financing such infrastructure in cooperation with private developers, to respond to the demands created by growth, and to create jobs. The Idaho Legislature authorized tax increment financing in Idaho in 1988 with the passage of the Act, The purpose of the Act is to provide a means to raise revenue to finance the economic growth of cornmun.ities and development of deteriorating areas and/or deteriorated areas through financing public improvements. Since its passage in 1988, tax increment financing has grown from a tool to not only redevelop deteriorating and/or deteriorated downtowns and increase the tax base of a community but also as an economic development tool to create jobs by providing public improvements to areas in Idaho communities without the necessary infrastructure to promote private development. Description of Eligibility Study Area This Study examines a Study Area approximately 650 acres in size west of 1-15 in the vicinity of Siphon and Tyhee Roads as described above. The purpose of this Study is to determine if conditions exist which qualify all or a portion of the Study Area for designation as appropriate for an urban renewal project, The Study Area consists of thirty parcels owned by eighteen property owners according to Bannock County online parcel maps. A new interchange to 1- 15, the Siphon-Northgate Interchange, is planned three quarters of a mile north of Chubbuck Road. In the Study Area, the principal arterial streets of Siphon Road, Tyhee Road, and HiIine Road provide a spine for a future road system to serve approximately 650 acres. This Study Area is predominantly irrigated agricultural land or dry grazing land. Clusters of single-family homes on Tree Valley Road and Buffalo Road are located in or surrounded by the Study Area. East of Whitaker Road, the City is improving and extending Siphon Road to provide access to the Siphon-Northgate Interchange with I-1 S. The interchange itself has not been started and will not be completed until August, 2019, at the earliest. The improvements on Siphon Road from the intersection with Whitaker Road to the interchange will include widening the road to four travel lanes, drainage facilities, and sidewalk/pedestrian facilities. Improvements will be constructed on Hiline Road at the intersection with Siphon Road. Hiline and Siphon Roads outside of the interchange connection improvements are two lane roads with barrow pits and no pedestrian facilities. Tyhee Road at the north end of the study area is also a two lane road with barrow pits and no pedestrian facilities. The City water system serves a portion of the Study Area. Water mains are located in Siphon Road and Hi ine Road south of Siphon Road. Therefore, the majority of the Study Area is not served by a public water distribution system. The City's sanitary sewer lines are located in Siphon Road and a portion of Hiline Road north and south of Siphon Road. Most of the 650 acres in Study Area are not served by a public sewer system. Connnuinity Plaits far Study Area In 2015, the regional transportation planning organization for the County, City of Pocatello, and the City completed the BTPO 2040 Metropolitan Transportation Plan, Amendment 1. A preferred scenario is included in the plan. According to the document, the scenario is based on public feedback, the performance of various scenarios outlined in the document, and local vision and goals for the transportation network. In the preferred scenario, business employment growth spurred by the Siphon-Northgate Interchange is expected to extend into north Chubbuck along Siphon Road and Hiline Road towards Tyhee Road, Below: Portion of Conceptual Scenario Map, Preferred Scenario, page 20. BTPO 2040 Metropolitan Transportation Plant. N Business empkrrment growth in vicinity of planned Siphon interchange, to extend into Month Chuhbuck along Siphon Road Mixed use and residential development is a longer -range vision that may rat occur within the 20 -year planning horizon "ore mixed Rae development Hfts N growth 11,4: t_ anticipated in 5aterreld 1 Development area Robust residential and emPloytsentgmwth 4 In the Chubbuck Comprehensive Plan, Our Valley, Our Vision, as recently updated, the land use designation on Siphon Road east of Hiline Road is commercial. The mixed use designation is on Siphon from Hiline Road to Whitaker Road and lines Hiline Road. The employment designation is north of Siphon Road to Tyhee Road along the Union Pacific railroad and adjacent to 1-15 north of Chubbuck Road. Medium density is shown in the northeast corner of the Study Area. The Chubbuck Comprehensive Plan, under community design, has an objective of a strong arrival feature at the entrance way at the Siphon- Northgate Interchange. Landscaping is discussed as a component of this arrival feature, 5 A functional class road system map is included in the Chubbuck Comprehensive Plan. In June of 2018, the map was updated and includes not only the future interchange of Siphon Road extended and I-15 but the plan to realign the Tyhee Road-Hiline intersection and create a Tyhee Road north -south corridor on the bench between Hiline Road and I-15. In addition to improvements to Tyhee Road, the road system map proposes the extension of Whitaker to Tyhee Road and the creation of a north -south collector to the east of Hiline Road. Portion of 2418 Functional Class Road System map. Black: Principal arterial Slue Minor arterial Pink: Collector The existing comprehensive plans above are being implemented with the annexation requests filed in August, 2018, for the parcels in the Study Area. The zoning district, General Commercial zone (C-2), is being proposed north and south of Siphon Road east of Hiline Road to the I-15 interchange, The purpose of the General Commercial 7.one is provide for a variety of businesses for both community and regional markets. Although the areas north and south of this proposed commercial district are being proposed for agricultural zoning in the annexation request for approximately 650 acres, the staff report prepared by the Chubbuck planning department states the owners of the properties wish to develop their lands under the proposed mixed use zone, the Creative Community Zone. The Agriculture Zone is a place holder until development plans can be prepared. ON Statuto►y Criteria for Deteriorating Areas and Open Land Generally, eligibility criteria are set forth in the definitions of "deteriorated area" found in Idaho Code Sections 50-2018(9) and 50-2903(8), and "deteriorating area" found in Idaho Code Section 50-2018(9). A deteriorated area means: an area in which there is apredominance of buildings or improvements, whether residential or nonresidential, which by reason of: 1, dilapidation, 2. deterioration, 3, age or obsolescence, 4. inadequate provision for ventilation, light, air, sanitation, or open spaces, 5, high density of population and overcrowding, 5. or the existence of conditions which endanger life or property by fire and other causes, 7. or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. Idaho Code Section 50-2018($), See also, Idaho Code Section 50--2903(8)(a). In general, these conditions were not identified or observed in the Study Area, A deteriorating area means: an area which by reason of: 1, the presence of a substantial number of deteriorated or deteriorating structures, 2. predominance of defective or inadequate street layout, 3. faulty lot layout in relation to size, adequacy, accessibility or usefulness, 4. insanitary or unsafe conditions, 5. deterioration of site or other improvements, 6. diversity of ownership, 7. tax or special assessment delinquency exceeding the fair value of the land, 8. defective or unusual conditions of title, 9. or the existence of conditions which endanger life or property by Fire and other causes, 10. or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use, provided, that if such deteriorating area consists of open land the conditions contained in the proviso in section 50- 2008(d), Idaho Code, shall apply. Idaho Code Section 50-2018(9). See also, Idaho Code Section 50-2903(8)(b), 7 While there is no definition of "open land" in the Law or the Act, there are specific eligibility criteria for "open Nod" set forth in Idaho Code Section 50-2903(8)(c). The Study Area appears to be predominantly open land. A "deteriorated area' means, in part: Any area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. The provisions of Section 54- 2008(d), Idaho Code, shall apply to open areas. Idaho Code Section 50-2008(d) does not specifically address eligibility; rather, it sets forth the necessary findings for an Agency to acquire open land for residential use or nonresidential uses. If the Agency is to acquire open land for residential purposes, the City Council must determine that: 1, a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the mur&ipatity; ?. the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; 3. the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; 4. and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality. If the Agency is to acquire open land for nonresidential purposes, the City Council shall determine such nonresidential uses are: necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual Conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. It can be argued the criteria for acquisition of nonresidential uses by an agency are the same or similar to the general criteria for eligibility. Therefore, if deteriorating conditions exist, the Agency would necessary meet the acquisition standard. Under the Law and the Act, an agricultural operation or forest land cannot be deefned a deteriorating area or a deteriorated area or included within an urban renewal area unless the owner of the agricultural operation or forest landowner gives his/her written consent to be included in the urban renewal district: "Deteriorated area" does not mean not developed beyond agricultural, or any agricultural operation as defined in Section 22- 45020), Idaho Code, or any forest land as defined in Section 53- 1701(4), Idaho Code, unless the owner of the agricultural operation or the forest landowner of the forest land gives written consent to be included in the deteriorated area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. (Emphasis added.) Idaho Code Section 50-2903(8)(f); see also, Idaho Code Sections 50-21118(8) and (9), 0, Fittdittgs Windshield and walking surveys as well as meetings with City staff and a review of applicable resources and references reveal the existence of the following criteria for eligibility in the Study Area. Obsolete platting/faulty lot layout: Obsolete platting is an eligibility criteria for open land. Obsolete platting may include either older subdivision plats which contain lots ton small for today's market or the opposite, i.e., lots too large to accommodate growth without further subdivision. In the open land scenario, the latter condition is more likely to be found. In the Study Area, land ownerships vary from single-family homes on approximately one-half acre lots to vicultural lands about 250 acres in size. Homes on large lots or small agricultural parcels occupy about 43 acres of the Study Area. Farms or lands used for agriculture occupy approximately 580 acres. Community future land use plans as well as regional plans for the City articulate significant growth from the Siphon-Northgate interchange north to Tybee Road. The present land ownership pattern, i.e., large agricultural parcels, requires further subdivision and, therefore, impairs the sound growth of the City towards 1-15. The parcel size results in economic underdevelopment of the area, Inadequate street systemloutmoded streets. Siphon, Hiline, and Tyhee Roads are principal arterial streets serving the Study Area. They are presently, with the exception of the construction of Siphon Road from Whitaker Road to the proposed 1-15 interchange, two lane roads with approximately twelve foot travel lanes and shoulders varying in width from one to six feet. Drainage facilities are limited to barrow pits, and there are no pedestrian facilities. The roads do not meet present City road standards or comply with plans for an improved road system to serve the area. The present roads are not suitable to serve the projected business development and mixed land use planned on the west side of the Siphon-Northgate interchange. The existing system of roads retards the development of the area. Other than the arterial streets, there are few existing streets west of 1-15 in the Study Area to serve the area and provide access within the Study Area or to other parts of the conununity. Buffalo Road is a long dead-end street. Tree Valley is an unimproved gravel dead-end street. There is no consistent collector or interior street system west of 1-15. The present street pattern does not prornote the movement of traffic from undeveloped parcels to the community. Chubbuck Road has been the primary east/west road in Chuhbuck. As earl y as 2010, the lack of connectivity was seen as an issue as well as congestion due to the lack of north/south accesses, according to BTPO. The construction of the interchange will improve Siphon Road to a limited 10 extent and provide another east -west street. However, it will also introduce more traffic into the Study Area. To provide access along the bench east of Hiline Road and to bridge the Fort Hall Main Canal, the City is proposing to extend Tyhee southeast paralleling I-15. This planned improvement will improve east/west access as well as north/south access. An urban renewal area in this portion of the community will provide a means to create access to lands closest to 1-15 and eliminate a substandard arterial street. It will address the issue of connecting growth near I- 15 and on the bench with other portions of the Study Area and the City. Unsafe Conditions. The majority of the Study Area is not served by a water distribution system or a sewer collection system. The area east of the Union Pacific Railroad and north of Siphon Road as well as the area north of Tree Valley and west of 1-15 is not served by a water distribution system. Fire protection is an issue since this area is not served by fire hydrants. Those portions on the bench and adjacent to the proposed interchange will face pressures for development as the demand for commercial uses increase. Significant investments are needed to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. In the illustrations below, the area shown in pink and lying west of 1-15 is included in the Study Area and has no public water or sewer system with the exception of a sewer trunk line lying in a portion of Hiline Road. UN a y1r�ubbx P�1 Water system, Chubbuck. Sewer system, Chubbuck. A portion of the Study Area lying west of 1-15 has been identified as an Idaho DEQ 2014 Nitrate Priority Area. Such an area is a general area where nitrate levels are likely to be elevated, and it ground water quality may be degraded. In such an area, the development of a central water distribution system is an important public priority to assure the safety of residents. The sewer collection system, with the exception of an approximately 4,000 feet of trunk line in Hiline Road north of Siphon Road, does not serve the Study Area. There is no collection system beyond this one sewer line. Considering the issues with nitrates in the Study Area, service by a public sewer collection system to growth in the area is a priority. Photographs of Tyhee Road and Hiline, construction on Siphon Road, and Hiline Road, August, 2018. Three floodplains exist in the Study Area west of I-15. Little Pocatello Creek has a floodplain located north of Chubbuck Road from I-15 to Hiline Road.. The floodplain flows near the southern portion of Tree Valley Road. Buffalo Creek has a 1% floodplain lying between Hiline Road and 1-15 from Buffalo Road east. A third 1 % floodplain, or Zone AE, lies east of Hiline to 1-15 south of West 'Walton Road. Floodplain, Little Pocatello Creek, City of Chubbuck Website. 12 Idaho Department of Water Resources, Flood Hazard Maps, Zone AF illustrated. As a reflection of the floodplain of the Little Pocatello Creek, there are storm drainage issues west of 1-15 and north of Chubbuck Road. The location of floodplains will require mitigation in development plans and possibly additional public infrastructure, depending on solutions to address potential flooding. To summarize, at least one open land criteria for eligibility has been found in the Study Area: obsolete platting. The existing land ownership pattern of large acreages in single ownership substantially arrests the growth of the City to the northeast and east. The existing land use patterns results in economic underdevelopment of the area will continue to do so in the long term. The additional criteria found in the Study Area and enumerated in the Law for non-residential acquisition of open land, Idaho Code Section 50-2008(d), are: 1. Outmoded street patterns. See discussion of inadequate street system above. 2. Unsuitable topography. See discussion of floodplain areas above. 3. Faulty lot Iayouts. See obsolete platting discussion above. 4. Need for correlation of area with other areas by streets. See discussion under inadequate street system above. The present state of the proposed urban renewal area as revealed in the findings above fulfill the following criteria under "deteriorating," Idaho Code Section 50-2018(9); 1, Faulty lot layout in relation to ....usefulness. 13 I . Predominance of defective or inadequate street layout, 3. Insanitary or unsafe conditions, or 4. Any such combination of factors which arrest the sound growth of the municipality. Ag►•icultural Operations in Study Ai -ea The owners of the agricultural operations in the Study Area will need to give their written consent to be included within any revenue allocation area: ...Provided, however, this definition (deteriorated area or deteriorated area) shall not apply to any agricultural operation, as defined in section 22- 4502(2), Idaho Code, absent the consent of the owner of the agricultural operation.... except for an agricultural operation ... that has not been used for three (3) consecutive years. Idaho Code Section 50-2418(8) and (9); Idaho Code Section 50 -2903(8)(f) - There are three Iandowners who have agricultural exemptions on their lands. These exemptions cover over 425 acres or approximately 68% of the Study Area. The amount of value assigned for agricultural exemptions will be included in the base value of any revenue allocation area when the land use changes on these exempted agricultural lands: The equalized assessed valuation of the taxable property in a revenue allocation area as shown on the base assessment roll shall be increased by the equalized assessed valuation, as of the date of the base assessment roll, of taxable property in such revenue allocation area that becomes taxable after the date of the base assessment roll, provided any increase in valuation caused by the removal of the agricultural exemption from undeveloped agricultural land in a revenue allocation area shall be added to the base assessment roll. Idaho Code Section 50-2903(4), There may be parcels within the Study Area which are agricultural parcels which do not have exemptions, e.g., if there arc parcels which are used for grazing or have been fanned recently, written permission will be needed to include such parcels within the district. Teri Percent Limitation: on Assessed Valuation within Revenue Allocation Area Under Idaho Code Section 50-2943(15), the collective base assessment rolls of all revenue allocation areas in the City are not to exceed ten percent of the current assessed valuation of all taxable property within the City. 14 "Revenue allocation area" means that portion of an urban renewal area --where the equalized assessed valuation (as shown on the taxable property assessment rolls) of which the local governing body has determined, on and as a part of an urban renewal plan, is likely to increase as a result of the initiation of an urban renewal project .... The base assessment roll or rolls of revenue allocution area or areas shall not exceed at any time ten percent (10%) of the current assessed valuation of all taxable property within the municipality. Idaho Code Section 50-2903(15). The City's current assessed valuation of taxable property within the City is $779,359,220. Ten percent of that valuation is $77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values of these revenue allocation areas according to Bannock County are: Central C:hubbuck $ 13,382,652 Pine Ridge Mall $ 36,163,800 The 2018 estiumated base for the Study Area is $3,089,605. According to the County, there is no significant personal property value in the Study Area, The adjusted base values for the Central Chubbuck Project Area and the Pine Ridge Mall Project Area include personal property. The total valuation for the two existing revenue allocation areas and this proposed area, not considering conversion to non-agricultural uses, is $52,636,057 or slightly less than 7% of the total valuation. 15 Conclusion The Study Area meets the eriteria for eligibility under Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(d). In addition, due to faulty lot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, and unsuitable topography in a portion of the Study Area, the Study Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). Criteria Criteria Characteristics supporting finding Met? Obsolete platting, Yes Fitt -tiler subdivision with local street and collector street Section 50-2903(8)(c) patterns are required to allow orderly growth spurred by interchange and private development proposals. Substantially arrests Yes Large agricultural parcels impair sound growth of sound growth of Chubbuck. Without Further subdivision, demand for municipality, Section growth will need to leapfrog proposed urban renewal 50-2903(8)(c) area. Faulty lot layouts, Yes Large land ownerships are not useful or adequate to Section 50-2008(d), acconunodate commercial growth and mixed uses which Section 50-2018(1) need smaller lots for business and higher density housing. Inadequate street Yes The Study Area has arterial streets which do not meet layout, Section 50- modern street standards or provide pedestrian or biking 2018(9) facilities. The pattern of existing streets does not serve the bench area or provide a collector or local street system in the Study Area,. Outmoded street Yes See above. The outmoded street patterns, obsolete patterns, Section 50- platting, and lack of central water and sewer systems 2008(d) retard the development of the area. Need for correlation Yes The existing arterial street system does not meet today's of the area with other standards. There is no coordinated street system east of areas of municipality Hiline nor a collector street system north of Siphon Road by streets or modern and east of Yellowstone Highway. traffic requirements, Section 50-2008(d) 16 Unsafe conditions, Yes A public water distribution system or a public sewer Section 50-2018(9) collection system does not serve most of the proposed urban renewal area. Fire hydrants are lacking inmost the Study Area, There are no pedestrian facilities in much of the Study Area. Three floodplains exist in the Study Area. Substantially impairs Yes An inadequate street system, faulty lot layout, and the sound growth, lack of a centralized water and sewer system inhibits the Section 50-2018 (9) sound and orderly growth of the City in this area of anticipated demand for growth. 17 Next Steps: The Urban Renewal Process If an urban renewal agency is in existence in a community, the creation of revenue allocation area, begins with an eligibility study. The purpose of the eligibility study is to determine if a specific geographic area meets the criteria for a deteriorating area and/or a deteriorated area as defined in the Law and the Asst to be included in an urban renewal project. If it is determined the Study Arca has such characteristics, the Agency may accept the eligibility study and request its consideration by the City Council. No urban renewal district can be formed unless the City Council adapts a resolution finding the area under consideration is a deteriorated area and/or a deteriorating area. if the area under consideration includes land which does not lie within the jurisdictional boundaries of the City, the Hoard of County Comanissioners must adopt a resolution declaring a need for an urban renewal project prior to City Council consideration. If any land within the proposed district has been used for an "agricultural operation" within the past three years, the property owner must consent to inclusion of his/her land within the district. If the City Council makes the necessary findings by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion or all of lands considered eligible. The urban renewal plan is to include the following with specificity: (1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation ol'all taxable Property within the municipality; (2) A statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) An economic feasibility study; (4) A detailed list of estimated project costs; (5) A fiscal impact staternent showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; (G) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) A termination date for the plant and the revenue allocation area as provided for in section 50-2903(20), Idaho Code, In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban :renewal plan; (9) A description of the disposition or retention of any assets of the agency upon the termination date. Once the plan is prepared and approved by the Agency, it is forwarded to the City Council. The City Council forwards the plan to the City planning commission for its determination that the plan conforms to the city's comprehensive plan. The City Council also schedules the public hearing, and notice of the hearing is published, and a copy of the notice and plan is sent to all taxing entities at least thirty days prior to the date set for the public hearing. If lands outside the City are included within the proposed district, an intergovernmental agreement is drafted and IV. approved by the county and city, together with a transfer of powers ordinance. The City Council must approve an urban renewal district, including the revenue allocation area, by an ordinance. If the ordinance is adopted by the City Council, the ordinance summary is published, the ordinance is recorded, and a copy of the ordinance with legal description of the district and a map as well as a copy of any intergovernmental agreement is distributed to all the taxing entities and the State Tax Commission. By state statute, an ordinance approving a district and revenue allocation area is effective January 1 of the year in which the revenue allocation area is established: this retroactive effect recognizes projects necessary to generate tax increment may have begun prior to the approval of the plan to meet private deadlines and encourage economic development. The district has a maximum life of twenty years under Idaho statutes. HUI SOURCES AND REFERENCES 1. Interviews with Rodney Burch, PLS, Public Works Director, and Devin Hillam. MPA, Planning and Development Director, City of Chubbuck. August 28, 201 S. 2. Interview with Anita Hymas, Chief Deputy, Bannock County Assessor. August 28, 2018. 3. 2018 Chubbuck Urban Renewal Evaluation, Bannock County Assessor's Office, August29, 2018. 4. Staff Report, Chubbuck Land Use and Development Commission, Request to amend Land Use Designations of Chubbuck's Comprehensive Plan to add approximately 950 acres of land to Commercial and Mixed Use, August 23, 2018. Planning and Development Department, Chubbuck, August 23, 2018. 5. Staff Report. Chubbuck Land Use and Development Commission, A request for Category A Annexation of approximately 660 acres with Agricultural and Commercial General zoning designations. Planning and Development Department, Chubbuck, August 29, 2018, 6. Staff Report. Chubbuck Land Use and Development Commission. A request to amend the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to change the designation of approximately 150 acres of land to Commercial. Planning and Development Department, Chubbuck. August 23, 2018. 7. Chubbuck Land Use and Development Commission Agenda, September 18, 2018. Annexation request for 680 acres west of 1-15 and 832 acres east of I-15. September 18, 2018. 8. Chubbuck Comprehensive Plan, Our Val/Qv, Our f7ision, January, 2002, with updates through June, 2018. 9. BTPO 2040 Metropolitan Transportation Placa, Final Report (January 1, 2015) and Amendment I (May 1, 2015). 10, Final Report; 1-15 Environmental Study Concept Report, June 2007. Prepared for Idaho Transporation Department by CH2MHill, 11. Bannock County Online Parcel Viewer. https://bannock.maps.arcgis.com/appsi webappviewerlindex.lhtml?id=dfe86cb077844d8f8b58ba0lae6f7087. Contains 2017 valuations. 12. Chubbuck GIS System maps provided by Ryan Howerton, GIS Specialist, Chubbuck. Maps of water system, sewer system, fire hydrants, land use classifications, floodplains, road classifications, proposed URA. September and October, 2018, 13. Email, Richard Morgan, City of Chubbuck, City valuation, August 28, 2018. 70 14, Idaho State Tax Commission, List of Categories, Property Tax Rules 130, 510, 511, and 512. 15, 2014 NPA Delineation and Ranking Process. Idaho Department of Environmental Quality. July, 2014. https://www.deg.idaho.gLovlrnedia/ luta'ate-priority-area-delineation-ranking-2.014. pd f' 15, "Northgate project delayed until at least summer 2019," Idaho State Journal, August 5, 2018. 17. "Interchange project expected to trigger economic boom for Pocatello area," Idaho State .Journal, August 16, 2017. 18. "Northgate project expected to trigger massive wave of development," Idaho StateJour•nal, 19. "City of Pocatello Annexes 300 Acres for Nordlgate Project," www.kpvi/ne_w_s/local, December 11, 2017. 20, Minutes, City of Pocatello City Council, February 15, 2018. 21. "Northgate partners say project is no Hoku," Idaho State Journal, August 11, 2018, 22. Telephone conversation, Melanie Gygli, Director, City of Pocatello Planning and Development Services, September 21, 2018. 23. Memorandum, Siphon Road Extension, Phase 2 - HilinelSiphon Intersection: Traffic Demand Forecast and Capacity Analysis, From Cameron Waite to Rodney Burch. August 1 b, 2017, 24. Taxing District Details, Ordinance No. 3001, February 15, 2018, City of Pocatello, Idaho State Tax Commission,_ https:Iltax. idaho.goyli- 1070.cftn'lyeat=2019&flus=ID005 &Qrd=ord%2E%5F'3004 25. Idaho State Tax Commission, Urban Renewal Registry, Chubbuck #5 and Pine Ridge Mall. https:Iltax.idaho.gov/i-2007.crm 26. Stanley Consultants, I-15 Northgate Interchange, Project No. A020(314), Ivey No. 20314, Northgate Parkway. 27. Idaho Department of Water Resources, Floodplain Management, https:llidw r_idaho. goy/floods/map.htm l 28. 4845-4271-4235, v. f 21 Exhibit B a _ Amended Eligibility Study Area [nage-1 Area uNew Parcels �i r sr� y i (If z -J r I O.bb — nil Eligibility Study for Siphon Interchange West Urban Renewal Area 2019 Supplement for Chubbuck Development Authority August, 2019 Execud ve Sunt i r rrry This 2019 Supplement to the Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October, 2018, prepared by Noster and Associates (the "2018 Study") examines an additional 75 acres of open land adjacent and contiguous to the area reviewed in the 2018 Study (the "2018 Study Area") that was determined to be eligible for an urban renewal project pursuant to City Council Resolution 2018-12, dated December 5, 201 S. The area reviewed in this 2019 Supplement was annexed into the City after the City Council made its findings concerning the 2018 Study Area, This 2019 Supplement was prepared by staff of the City of Chubbuck (the "City") and the. Urban Renewal Agency of the City of Chubbuck, also known as the Chubbuck Development Authority (the "Agency'). City and Agency staff note the conditions supporting eligibility of the 2018 Study Area remain unchanged since the City Council adopted its findings in Resolution 2018-12, on December 5, 2018, and the same conditions exist in the supplemental 75 acres reviewed herein (the "Supplemental Area"). The Supplemental Area is found to have certain conditions set forth in the definitions of a deteriorated area and/or a deteriorating area, and therefore, is eligible for an urban renewal project m accordance with Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"). and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") for the identical reasons as stated in the 2018 Study which generally are: 1) Obsolete platting/faulty lot layout. With the anticipated demand for business and mixed use growth in the area surrounding the new interchange with I-15, the existing land use pattern of ownerships of large agricultural acreages will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand for businesses, technology, and mixed uses, will result in the economic underdevelopment of the Supplemental Area. 2) inadequate street system/outmoded streets. The existing roadways in the Supplemental Area are inconsistent with City standards and the existing road pattern does not serve the Supplemental Area. The Supplemental Area lacks interior collector and local roads. 3) Unsafe Conditions. The water and sewer system do not serve the interior of the Supplemental Area. The Supplemental Area also lacks fire hydrants impacting fire protection. Water quality in the Supplemental Area also remains a concern. Although this 2019 Supplement has found the lands included in the Supplemental Area to be eligible for an urban renewal project, a finding of eligibility does not commit either the Agency or the City Council of the City of Chubbuck (the "City Council") to include any or all portions of the Study Area within an urban renewal project arca. 2 Background The 2018 Study encompassed approximately 654 acres generally located west of 1-15, south of Tyhee Road, east of Whitaker extended north, and north of Chubbuck Road. The 2018 Study was accepted by resolution of the Chubbuck Development Authority on November 20, 2018 and by City Council on December 5, 201.8. This 2019 Supplement is needed to review for eligibility two additional parcels that have recently annexed into the City in order to be considered for inclusion in any proposed urban renewal project area. This 2019 Supplement has been prepared by City and Agency staff. Description of'Sttpplemental Eligibility Study Area This 2019 Supplement examines a Supplemental Area approximately 75 acres in size west of I- 15 in the vicinity of Siphon and Hiline Roads. The Supplemental Area consists of two parcels owned by separate property owners. In the Supplemental Area, the principal arterial streets of Siphon Road, Whitaker Road, Hiline Road and Little Buffalo Creek Road provide a spine for a future road system in the 2018 Study Area and the Supplemental Area. The Supplemental Area is predominantly irrigated agricultural land or dry grazing land. No structures exist on the parcels in the Supplemental Area. Existing water and sewer mains exist in Siphon Road. The parcels in the Supplemental Area do not currently have water distribution or sewer collection facilities and therefore are not currently served by City water and sewer. The Chubbuck Comprehensive Plan, Ow- Vallev, Our Vision, as recently updated, designates the land use for the Supplemental Area as commercial and mixed use for the westernmost narcel adjacent to Siphon Road and commercial and medium density for the parcel located between I-15 and Hiline Road and north of Siphon Road. 91 K+ Amended Eligibility Study Area w� Or iginal Area New parcels I Y1iln��-•Rd �r f�' � �� Community Plans for Supplemental Area •fa. The community plans for the Supplemental Area reflect the same information as represented in the 2018 Study, and are specifically incorporated by reference herein. 4 Statutory Criteria for Deteriorating Areas and Open Land The eligibility criteria for the Supplemental Area reflect the same guidelines as represented in the 2418 Study, and are specifically incorporated by reference herein. Findings The findings for the Supplemental Area reflect the existence of the following criteria for eligibility in the Supplemental Area. Obsolete platting/faulty lot layout. Obsolete platting is an eligibility criterion for open land. See 2018 Study. Obsolete platting includes lots too large to accommodate growth without further subdivision. in the Supplemental Area, there are two large, open land parcels totaling 75 acres transitioning from agricultural use. Community future land use plans as well as regional plans for the City articulate significant growth from the Siphon-Northgate interchange with I-15 north to Tyhee Road. The present land ownership pattern of large agricultural parcels requires further subdivision and, therefore, impairs the sought growth of the City towards I-15. The parcel sire results in economic underdevelopment of the Supplemental Area. Inadequate street system/outmoded streets. Siphon Road west of Whitaker Road continues to not conform with City standards and is a two-lane road with approximately twelve -foot travel lanes and shoulders varying in width from one to six feet. There are no pedestrian facilities and drainage facilities are limited to barrow pits, Likewise, Hiline Road fails to meet present City road standards or comply with plans for an improved road system to serve the area. The existing system of roads retards the development of the Supplemental Area. Further, there are few existing streets west of I-15. There is no internal street network to serve the Supplemental Area, or to provide access within. the Supplemental Area to other parts of the community. The lack of consistent collector or interior street system west of I-15 does not promote the movement of traffic from undeveloped parcels to the community. An urban renewal area in this portion of the community will provide a means to create access to lands closest to I-15 and eliminate a substandard arterial street. It will further address the issue of connecting growth near 1- 15 with the Supplemental Area and the City. Unsafe Conditions. The Supplemental Area is not served by a water distribution system or a sewer collection system. Fire protection is an issue as the Supplemental Area is not served by fire hydrants. Significant investments are necessary to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. Ground water quality is an issue as the Supplemental Area is located where nitrate levels are likely to be elevated and groundwater quality may be degraded. The development of a central water distribution system is an important public priority to assure safety of residents and business owners. 5 Agricultural Operations in Study Area The owners of the two parcels in the Supplemental Area will need to give their written consent to be included within any revenue allocation area as the Supplemental Area has been used for an agricultural operation within the last three years. 1 err Percent Limitotion on ,assessed Valuation within Revenne :411ocaation Area At the date of the 2018 Study, the City's assessed valuation of taxable property within the City was $779,359,220, Ten pereent of that valuation is $77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values of these revenue allocation areas according to Bannock County are: Central Chubbuck Pine Ridge Mall $ 13,382,652 $ 36,153,800 Additionally, the following base values have been included in previous Eligibility Study Areas. 2018 Study $ 1089,605 Study Area East of 1-15 $ 57,600 The 2019 estimated base for the Supplemental Area parcels is $91,863. The total valuation for the two existing revenue allocation areas, the previous Eligibility Study Areas and this proposed Supplemental Area, not considering conversion to non-agricultural uses, is $52,785,520 or 6.8% of the total valuation. conclusion The Supplemental Area meets the criteria for eligibility under Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(d). In addition, due to faulty lot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, the Supplemental Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). 6 Criteria Criteria Characteristics supporting finding Met? Obsolete platting, Yes Further subdivision with local street and collector street Section 50-2903(8)(c) patterns are required to allow orderly growth spurred by interchange and private development proposals. Substantially arrests Yes Large agricultural parcels impair sound growth of sound growth of Chubbuck. Without further subdivision, demand for municipality, Section growth will need to leapfrog proposed urban renewal 50-2903(8){c} area. Faulty lot layouts, Yes Large land ownerships are not useful or adequate to Section 50-2008(d), accommodate commercial growth and mixed uses which Section 50-2018(9) need smaller lots for business and higher density housing. Inadequate street Yes The Supplemental Area includes arterial streets which do layout, Section 50- not meet modem street standards or provide pedestrian or 2018(9) biking facilities. The pattern of existing streets does not provide a collector or local street system in the Supplemental Area. Outmoded street Yes See above. The outmoded street patterns. obsolete patterns, Section 50- platting, and lack of central water and sewer systems 2008(4) retard the development of the area. Need for correlation Yes The existing arterial street system does not meet today's of the area with other standards. There is no coordinated street system east of areas of municipality Hiline nor a collector street system north of Siphon Road by streets or modern and east of Yellowstone Highway. traffic requirements, Section 50-2008(d) Unsafe conditions, Yes A public water distribution system or a public sewer Section 50-2018(9) collection system does not serve the Supplemental Area. Fire hydrants are lacking in the Supplemental Area. There are no pedestrian facilities in the Supplemental Area, Substantially impairs Yes An inadequate street system, faulty lot layout, and the lack sound growth, of a centralized water and sewer system inhibits the sound Section 50-2018 (9) and orderly growth of the City in this area of anticipated demand for growth. Next Steps: The Urban Res:ewal Process If it is determined the Supplemental Area niects the criteria for a deteriorating area and/or a deteriorated area, the Agency may accept the eligibility study and request its consideration by the City Council. If the City Council makes the necessary findings by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion or all of lands considered eligible. The plan approval process is set forth in the 2018 Study. Exhibit C SIPHON INTERCHANGE WEST SUPPLEMENTAL URBAN RENEWAL ELIGIBILITY REPORT PREPARED FOR THE CHUBSUCK DEVELOPMENT AUTHORITY BY BRENT TOLMAN of OUTWEST POLICY ADVISORS MARCH 5, 2024 Siphon Interchange West Area Eligibility Report r. � h Page I THE SIPHON INTERCHANGE WEST AREA UP -BAN RENEWAL ELIGIBILITY REPORT BACKGROUND Preparation of this Eligibility Report ("Report"} was authorized by Rodney Burch, Administrator for the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority ('Agency) on February 18, 2020. This Report supplements the two reports listed below: • Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October -2018 • Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019. The City Council of the City of Chubbuck. Idaho (the "City Council") adapted the findings set forth in the above reports and directed the Agency to prepare an urban renewal plan or plans for the area deemed eligible. This Report considers the eligibility of an additional parcel of real property adjacent and contiguous to the properties considered for eligibility in the previous reports and will provide the technical support for the first step in planning urban renewal projects. That first step is a policy decision by the City Council to designate a specific area as deteriorated or deteriorating and to authorize the Agency to prepare an urban renewal plan or plans for the area encompassed by the three (3) reports. The subject property, also referred to as the supplemental study area, consists of 87.04 acres generally located at the southeast intersection of Tyhee Load and the Union Pacific Railroad (UPRR) Mainline which nuns from Pocatello to Idaho falls. The property is bordered by the UPRR Mainline on the west, Tyhee Road on the north, bordered on the east by a line of longitude at approximately 1120.27'.23.00" W and bordered on the south by a line of latitude at approximately 42°.56'.25.00" N. Please see the attached mals in EXHIBIT A for a clearer understanding of the proposed boundaries of the supplemental study area. SIPHON INTERCHANGE WEST AREA Siphon interchange West Area .Eligibility Report . i Page 2 The Agency Board has asked that a study be completed to determine compliance with the statutory requirements before recommending to the City Council that a new Urban Renewal Area be created. Idaho Code Section 50-2008(a) states: An urban renewal project for an urban renewal area shall not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area or a combination thereof and designated such area as appropriate for an urban renewal project. This Report will provide an application of the criteria outlined in Title 5O, Chapters 20 and 29, Idaho Code, to aid the City Council in making this deterinination and if so determined, authorize the development of an urban renewal plan or plans for said area. As previously discussed, Step One in planning new renewal projects is a resolution by the City Council making certain findings about specific geographic areas. This resolution would also authorize the Agency to prepare urban renewal plans for the areas. The attached definitions of deteriorating area and urban renewal project are very pertinent to this step and are the focus of this Report. Step Two in the renewal planning process is action by the Agency to prepare urban renewal plans and recommend their approval to the City Council, The City Council initiates Step Three by reten ing the plans to the Planning and Zoning Commission and setting a public hearing before the City Council on the plans. Step Three is completed by a Planning and Zoning Commission finding that the urban renewal plans conform to the City's Comprehensive Plan. Step Four is the adoption of a City Council ordinance approving the plans, after a public hearing. Siphon Interchange West Area Eligibility Report Page 3 DISCUSSION This Report focuses on whether the Siphon Interchange West suppleinenlal area, as previously described and as outlined on the attached Snap, qualifies as a deteriorating area pursuant to Idaho Code Section 50-2018(9) and as a deteriorated area pursuant to Idaho Code Section 50-2903(8)(b) under virtually identical definitions. A copy of this joint definition is attached as Exhibit B. The first statutory reference is from the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, which is the basic urban renewal statute, while the second comes from the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, which is the revenue allocation law. Idaho Code Section 50-2018(9) was amended in 2006 by adding a new proviso concerning agricultural operations. Such agricultural operations may not be included in a deteriorating, area unless the owner consents or if the operation has not been used for three consecutive years. This Report, including the area map, certifies that the proposed deteriorating area has been farmed within the last three years. In order to consider the supplemental area as deteriorated or deteriorating as defined in Idaho Code Section 50-2018(9) and Idaho Code Section 50-2903(8), consent to include the subject property in an urban renewal plan will need to be obtained from the properly owner. The subject area is open land, so the area must qualify under a specific portion of Idaho Code Section 50-2418(9) and a different statutory provision, Idaho Code Section 50-2903(8)(c), which reads as follows: Any area which is predominately open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. The provisions of section 50- 2008(d), Idaho Code, shall apply to open areas. Finally, the report will discuss why the arca is appropriate for an urban renewal project. A. Present Conditions Siphon Interchange West Area Eligibility Report Page 4 The attached definition of deteriorating at -ea and deteriorated area [Idaho Code §§ 50-2018(9) and 50-2903(8)(b)] lists ten different conditions that may be present in such an area, with the tenth being the catch-all "any combination of such factors." The presence of these conditions was documented through physical observation as well as photographically documented during a site visit in February 2020, contacts with various City & County officials, and assessor file information. The area and its public infrastructure were then evaluated, and the numbers that correspond to the applicable characteristics in the definition were placed at the appropriate locations on the attached map. B. Open Land Area The definition of Section 50-2903(8)(c) cited above lists several of the same characteristics as Idaho Code Sections 50-2018(9) and 50-2903(8)(b) tinder the same or similar descriptions. "Diversity of ownership" is the same, while "obsolete platting" appears to be equivalent to "faulty lot layout in relation to size, adequacy, accessibility, or usefulness." "Deterioration of structures or improvements" is apparently a combination of "a substantial number of deteriorated or deteriorating structures" and "deterioration of site or other improvements." The final term, "or otherwise,' at least implies that a predominately open area shares some of the same characteristics as the previous definition of deteriorated area, Idaho Code Section 50-2903(8)(b). There is also an additional qualification that, "The provisions of Section 50-2008(d), Idaho Code, shall apply to open areas," Section 50-2008(d) lists the findings that the Council must make in the ordinance approving an urban renewal plan. In addition, this section lists the special findings that the Council must make "if the urban renewal area consists of an arca of open land to be acquired by the urban renewal agency." There is one set of findings if the area of open land is to be developed for residential uses and a separate set of findings if the land is to be developed For nonresidential uses. Basically, such open land areas may be acquired by the Agency and developed for nonresidential uses if such acquisition is needed to solve various problems, associated with the Siphon Interchange West Area Eligibility Report �,' ` Page 5 land or the public infrastructure, that have unreasonably delayed its development. These problems include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or- another in the Section 50-2903(g)(b) definition of deteriorated area. The problems that are listed only in Section 50-2008(d)(4)(2) (the open land section, specifically for non-residential uses) include economic disuse, unsuitable topography, and "the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area." The conclusion of this discussion about open land areas is that such areas qualify if any of the standard 50-2018(9) and 50-2903(8)(b) characteristics apply. But such areas also qualify if any of the problems listed only in 50-2008(d)(4)(2) apply. Clearly, lack of water and sewer facilities, a nonexistent or inadequate street system to facilitate development of the subject property, and lack of fire protection facilities are all conditions resulting in economic underdevelopment of the area or substantially impairing or arresting the sound growth of the city, The Report text that follows below discusses each of the applicable characteristics of a deteriorated area, as defined by Idaho Code Section 50-2903(8)(b), Several of these characteristics, including diversity of ownership and predominance of defective or inadequate street layout, have exact or approximate counterparts listed under Section 50-2008(d)(4)(2), so their associated numbers, 6 and 2, may be used interchangeably. Other numbers, such as 4 (insanitary or unsafe conditions) and 9 (the existence of conditions which endanger life or property by fire or other causes), fit the broader characteristic of "any combination of such factors or other conditions which retard development of the area." As discussed above, the lack of public infrastructure in the predominately open arca is a significant factor in the underdevelopment of this area. Open land areas are designated with the words "Open Land." In Siphon Interchange West Area Etigibft Report r r�' Page 6 addition, lack ofpub lic infrastructure in the open land area is designated by the words "Lacks Public lnfi-astructure." C. Deteriorating/Deteriorates! Area Characteristics The fallowing is a listing of conditions found in the area by their con-esponding numbers in the definition and a brief explanation of that condition and how it was evaluated and identified: 1. f l l A substantial number of deteriorated or deteriorati ng structures. There are no structures in the supplemental study area. As a result, this criterion is not met. 2. (2) Predominance of defective -or inadequate street lam. The proposed project area is open land with one two-lane road bordering it on the north. This road is inadequate to provide adequate access for development purposes of the 87 +-/- acres. There are no interior roads on the subject property. As such, this constitutes an inadequate street layout and is shown by the number "2" on the map. 3. {3) Faulty lot layout in relation to size, adequacy, accessibilit , r usefulness. The existing parcel is one large lot totaling 87.04 acres. Due to the size of the parcel, it is largely unusable until re -platted; hence a number "3-' or "open land" appears on the map. 4. (4) Insanitary or unsafe conditions. There are several conditions existing within the supplemental study area that apply to this characteristic. Typical insanitary conditions include excessive amounts of junk, trash, and weeds in violation of City or County sanitation codes. Another insanitary condition occurs in areas that lack sanitary sewers or where the sanitary sewer system has insufficient capacity to serve the area. The supplemental study area is a large open area, previously used for agricultural purposes. The closest sewer service terminates approximately '/4 mile from the closest border of the subject property. The closest potable water is located over 113 mile from the closest boundary of the subject property. As such, no public water distribution or sewer collection service exists in the interior area of the subject property, and therefore, is insufficient to serve any future development. This is partially Siphon Interchange West Area Eligibility Report � � Page 7 t due to inadequate street system and a faulty lot layout described above, This is represented on the map by the number -4S." 5. (5) Deterioration of site and other improvements. Site improvements include parking lots, sidewalks, curb & gutter, fences, and landscaping areas, basically things other than structures that make up a developed property. The tent "other improvements" is the place where public improvements such as streets, sidewalks, curbs, gutters, bridges, storm drains, parks, water mains, sanitary sewers are included. When the: number "5" appears on the map in a street right -or -way it denotes those streets are deteriorated and lack site improvements as described. h. (6) Diversity of ownership. Typically, this characteristic is present when an area that needs to be redeveloped because of rundown buildings, is divided into a number of different ownerships. It could also occur where existing businesses are hindered in expanding because of the number of adjacent property ownerships. Multiple ownerships are more difficult for developer's to assemble. This characteristic does not apply to the proposed area as the property is owned by a single entity. 7. 7 Tax andspecial assessment delinquengy delinquencyexceeding the fair value of the land. This characteristic does not apply to the proposed area. 8. (8) Defective and unusual conditions of title. As the property within the proposed project area is owned by a single entity, there is not issue of defective and unusual conditions of title. This characteristic is not met. 9. (9) The existence of conditions which endanger life or property by fire and other causes. The primary focus of this characteristic is inadequate fire protection facilities, particularly fire hydrants for projected new development. This characteristic applies to the supplemental study area because adequate placement of fire hydrants does not exist within the interior of the subject property. Existing hydrants are indicated on the map with " 9FH". Due to the lack of public water systems in proximity or within the supplemental study area, there is an existence of conditions which, if development occurs without such protection, would endanger life or property by fire or other causes. The lack of fire hydrants is typical throughout the entire Siphon Interchange West Area Eligibility Report Page 8 area. Therefore, a number "U" appears on the map throughout the area and indicates a lack of adequate fire protection facilities. 10. ( 14) Any combination of such factors. This number is placed on all areas where two or more of the other characteristics are present. D. Effects of Present Conditions (a) Results in economic underdevelopment of the area. Field review and aerial photography confirm the cut -rent underdeveloped status of the area. 2. c Retards the provision of housing accommodations or d constitutes an economic or social liability. In its current condition, the property in the supplemental study area is producing minimal property taxes. In addition, there is no public infrastructure serving the area. Hence such area tends to become an economic liability for the City. (e) And is a menace to the public health. safety, morals. or welfare in its present condition or use. The previous discussion has established that this area has had very slow to no growth and, as a result, has become a modest economic liability. In addition, the nonexistent fire protection facilities create a safety problem in the area. Accordingly, these conditions represent a menace or threat to the public welfare or prosperity and safety of the community. E. Appropriateness of the Area for an Urban Renewal Proi4c_t The second part of the City Council determination requires a policy decision that the area is appropriate for an urban renewal project. Note that part of the definition of an urban renewal project includes, "undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated and deteriorating areas." The subject property once annexed, will be subject to the provisions of City of Chubbuck Comprehensive Plan, Our Vralfey, Our Vision. January 2002, with updates through .lune 2018. A finding that the area meets the definition of deteriorating or deteriorated area would indicate that to comply with the provisions of the Comprehensive Plan the area would be appropriate for an urban renewal project. Siphon Interchange West Area Siphon Interchange West Area Eligibility Report Page 9 This Report has provided support for a finding that the Siphon Interchange West 2020 Supplemental Area constitutes a deteriorating or deteriorated area because of the presence of various conditions, most of which are related to the public infrastructure. The public infrastructure, particularly streets, water, sewer, and fire protection, are very inadequate to serve the needs of planned future development, Preparation and approval of an urban renewal plan, including a revenue allocation financing provision, would give the City an additional resource to help solve the public infrastructure problems in the proposed project area. In efrect, property taxes generated by new development within the area can be used by the Authority to finance the needed public improvements to encourage more development. Finally, the new development would also generate additional jobs that would, in turn, benefit residents of the community. REVENUE ALLOCATION AREAS BASE VALUE The discussion of Luse Value of existing and proposed Revenue Allocation Areas ('`RAA") in the City present an interesting proposition. There are currently two existing RAA's within the city limits — The Pineridge Mall URD and the Central Chubbuck URD. There are additionally three proposed RAAs — Harvest Springs, Northside Crossing, and Hillcrest Heights. Prior to completing this 2020 supplemental report, a total of three eligibility studies were conducted on properties within or adjacent to the City. As referenced at the beginning of this Report, two studies were conducted in 2018 and 2019 on properties west of 1-I5. An additional study was completed in 2018 on properties cast of I-15. The 2019 supplemental report utilized the estimated base values from the 2018 studies to determine whether base values of the proposed RAAs and larger study areas exceeded the statutory limit as listed in Idaho Code 50- 2903(15). EXHIBIT C shows the current values as reported on the Bannock County Parcel Viewer as of the date of this Report. For those properties where an assessed value is not shown on the Bannock County Parcel Viewer certain assumptions have been made. The basis of these assumptions is looking at like properties located in the vicinity of the various study areas and are identified in EXHIBIT C. Siphon Interchange West Area Eligibility Reporter Page 10 Summary of Base Values Existing Revenue Allocation Areas Value Year of Valuation Central Chubbuck URD $13,382,652 2018 Pine Ridge Mall URD $36,163,800 2018 Proposed Revenue Allocation Areas Value Year of Valuation 1lillcrests Heights $ 297,913 2019 Harvest Springs $ 293,089 2019 Northside Crossing $ 309,731 2019 2020 Supplemental Area $ 107,021 2020 Balance of Study Areas 2018 Eligibility Report $4.291,406 2018 Total Base Valuation of existing and Proposed RAA's $50,975,612 Total Base Value of Existing RAA's, proposed RAA's and the balance of previous study areas totals $54,886,175. The 2018 taxable value for the City was $779,359,220. As limited by Idaho Code 50-2903( 15), the base value of all RAAs cannot exceed 10% of the taxable valuation of the City, or $77,935,922. As evidenced in this calculation the current RAA's, the proposed RAA's and the balance of study areas already deiennined to be eligible for urban renewal development projects does not exceed the statutory limitation_ CONCLUSION This report concludes that the Siphon Interchange West 2020 Supplemental Area as described in this Report constitutes a deteriorating or detcriorated area characterized by inadequate public infrastructure that is appropriate for urban renewal projects. Siphon Interchange West Area Eligibility Report Page 11 EXHIBIT A MAPS OF SUBJECT AREA Siphon Interchange West Area Eligibility Report 411., Page 12 lJ A� . 2018 Study Area 2019 Supplemental Area 2024 Supplcmcnta! Area 'y t 14 Siphon Interchange West Area Eligibility Report 4� k Page 13 w Siphon Interchange West Area Eligibility Report _ Page 14 X Y INN r Ar 4 OPEN JAK.Q x i _ 1F i + r. S. Zt• - - ' Al. lq%aS INF • R T EXHIBIT B EXCERPTS OF IDAHO CODE DEFINITION OF DETERIORATING AREA, 1DAI10 CODE § 50-2018[9) AND DETERIORATED AREA, IDAHO CODE § 50-2903(8)(b) A deteriorating or deteriorated area is any area which by reason of the- presence of (l) a substantial number of deteriorated or deteriorating structures; (2) predominance of defective or inadequate street layout; (3) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (4) insanitary or unsafe conditions; (5) deterioration of site or other improvements; (6) diversity of ownership; (7) tax or special assessment delinquency exceeding the fair value of the land; (8) defective or unusual conditions of title; (9) the existence of conditions which endanger life or property by fire and other causes; or (10) any combination of such factors, (a) (results in economic underdevelopment of the area);' (b) substantially impairs or arrests the sound growth of a municipality; (c) retards the provision of housing accommodations; or (d) constitutes an economic or social liability; and (e) is a menace to the public health, safety, morals, or welfare in its present condition or use; provided, that if such deteriorating area consists of open land the conditions contained in the proviso in Idaho Code Section 50-2008(d) shall apply.' Provided, however, this definition shall not apply to any agricultural operation, as defined in Section 22- 4502(l), Idaho Code, absent the consent of the owner of the agricultural operation, except for an agricultural operation that has not been used for thrce (3) Consecutive years.3 'This appears only in the revenue allocation statute. 'This appears only in the w -ban renewal statute. ''Phis proviso was added to the urban renewal statute in 2005 by House Bill 735. as amended. Siphon Interchange West Area Eligibility Report Page 17 Idaho Code § 50-2008(d) (d) Following such hearing, the local governing body may approve an urban renewal project and the plan therefor if it finds that (1 ) a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan conforms to the general plan of the municipality as a whole; (3) the urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan will a!%rd maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise: Provided, that if the urban renewal area consists of an area of open land to he acquired by the urban renewal agency, such arca shall not be so acquired unless (1) it is to be developed f'or residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral parr of and essential to the program of the municipality, or (2) if it is to be developed for nonresidential uses, the local governing body shall detennine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outrrroded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. DEFINITION OF URBAN RENEWAL PROJECT, IDAHO CODE $ 50-20 19 l0] "-Urban renewal project" may include undertakings and activities of a municipality in an urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or pant thereof in accordance with an urban renewal plan. Such undertakings and activities may include: (a) acquisition of a deteriorated area or a deteriorating area or portion thereof; (b) demolition and removal of buildings and improvements; (c) installation, construction, or reconstruction of streets, utilities, parks. playgrounds, off-street parking facilities, public facilities or buildings and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this act in accordance with the urban renewal plan; (d) disposition of any property acquired in the urban renewal area (including sale, initial leasing or retention by the agency itself} at its fair value for uses in accordance with the urban renewal plan except for disposition of property to another public body; (e) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of building or other improvements in accordance with the urban renewal plan; (f) acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property; (g) acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, Iessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration, or to provide land for needed public facilities; (h) lending or investing federal funds; and (i} construction of foundations, platforms and other like structural forms. Exhibit C EXISTING & PROPOSED REVENUE ALLOCATION AREAS 1.1��1IFIR.1111 Siphon Interchange West Area Eligibility Report Wage '10 City of Chd66udt 8- Value Worksheet Pine K1dge Mall E.utiq 36.167,10E Con "I Ehuhddck E%htinj 1S,3R�6$2 Harvest 5prinp Pmpmed I 293,A19 Millaest Heights pmpaled S 297,916 NoftMde Cruasing Proposed S 3W9,73t RPRCCPCO43WO Proposed Iv 271190-00 S 2070 Supplemental oe a Il d In 5 107021 Area Nonhslde 20,027.00 S RPRCCPC0438W Cms,t�g 11104$-03 6 Ralaneer of Parwls 334.46 $ 1971913 5 In 2018 EligjiViky L40 $ - S 5 4331,969 senay 9.32 S 52,777.00 S RPR3903055507 TOTAL RASE VALUE 1,22956 $ 54,686,175 H...t sprin8s A- V.I.. RPRCCPCD417W 256.47 S :10,157 5 RPRCCPC04160D 11.06 S 171931 5 267.53 S 293,069 Hakrnt Hayhu Acres Vo4ue RPRCCPC042500 7.68 $ 1,752.00 S RPACCPCO432DD 112.06 5 51,711,00 $ RPRCCPC047100 25,80 S 3,996,00 S RPRCCPCM36DU 35.23 $ 3,069.00 S RPRCCPCO43WO 16.07 5 271190-00 S RPRCCPCO43100 28.76 5 179,080.90 $ RPRCWC0437130 8069 S 20,027.00 S RPRCCPC0438W 31.97 $ 11104$-03 6 59.159 S 334.46 $ 1971913 5 Assumptions: For those properties highlighted in yellow, an assumption of an AG -Exempt value of $ 1229,56 per acre has been wade. As these parcels have recently been split or combined due to sales or other activity, they have not been reviewed and assessed by the Bannock County Assessor's office as of the date of this report $IA.,. rap vVRmenu 1,092.36 $ 280,157 Harvest Spriro)V 1;167.1ti $ 17,932 Hary st-WngslV 5 S 293.069 $7ACre Improvements 123.34 $ 1,7$2 RUPP, HAROLD L SR 1RUSi 461.46 $ 51,711 RUPP, FOAROLLI L 59 1RIJ51 154,86 S 3,996 RUPP, HAROLD L SK TRUST 67.11 $ 3,069 RUPP, HAROLD L SR TRUST 1,691.97 $ 27,190 011 PP, HAROLD L SR TRUST 742.63 $ 179,080 RUPP, HAROLD L SR TRUST 248.24 $ 20,027 RUPP, HAROLD L SR TRUST 146.81 $ I7,088.00 RUPP, HAROLD L SR TRUST 979.80 S - $ 297,913 f4dnhslrle Cmsgnx East of Hl l Ine, West at Harvest SArin AS RPRCCPCDR40W 32.57 S 40,046.77 6 3,219,56 $ 40,047 JYY LI{ 11IMNCIO60700 6140 $ 7,869.18 5 029.58 5 71869 JYY LLC VOWTRRER All 0.75 $ 922.17 5 1.229,56 $ 922 M LLC RPRCtvCM90 95.45 5 171,050.00 S 1,27.9.96 5 121,0511 Tilt. RPRCCPC0420W 0.91 $ 53,926.00 5 59.159 S 85,917 $ 139,843 Yosr 19PACCPC041800 L40 $ - S 129,483.00 S RPHCCPCM9800 9.32 S 52,777.00 S RPR3903055507 61.114 5 10711120-90 5 1,22956 $ 107,021 1YY LLC 7,092.53 5 330,1135.03 ,- 85,917 S 416;752 Mlsceltaneous parcels 5hIdW 4o All EMONpty 5tUd► East of Hl l Ine, West at Harvest SArin AS RFRSCCPC0412DD 1.50 S 69,540.00 5 46,390.OD 5 176,722.00 5 245,782.00 Dutra RPRCCPC041300 L,19 5 45,421.00 S 38,168-91 S 45,421.00 Dunn RPR3803056213 45.16 S 311193513 S LU9,55 $ 30,935.73 FrRed RPRCCPCO41400 15.37 $ 53,747.00 $ 4,472.80 5 373,919.00 $ 442,666.00 Freed IIFR3R0M6214 7.153 S 9,627.45 S 1,229.56 $ 9.617.45 Stoddard 2-84 S - $ 774,412-18 Terra ventu re Holdl nes RPRC00040600 3.85 S 129,483.00 S RPHCCPCM9800 9.32 S 52,777.00 S 5,735.73 $ 62,777.00 Terravenlure RPRCCPCO402DD 11.38 S 80,713.00 $ 7,092.53 $ 80,733.00 Terravemure RMCCPC04030D 4.33 5 16,904.00 $ 6,213.39 S 26,904.00 Te"venture RPRCCPC040SD0 9.68 S 62,777.00 S 6,465.23 S 52,777.00 TerraVenlure RPRCCPC9Yw 6.25 S 44,840.00 5 7,174.40 $ 44,840.00 Tomyenture RPKCCPC039600 14.67 $ 98,650.00 $ 6,724,61 $ 98,650.00 Ta"vanlwp KPRCCK03990] 10.56 $ 71,144.00 $ 6,793.94 $ 71,144.00 Terravenwm RPRCCPCD39400 36 -SO S 213,6921.00 S 6,113.01 5 223,490.00 Terravenlsne RPRCCPCO392DD 28.65 $ 197,799.00 $ 6,88653 $ X97.299-00 TermVenture 64.138.67 S 262,459.00 S 310,578.00 Willlams 5 $69,194,00 Mlscellaneou5 parcels RPRCCPC03510D 74.78 $ 15,993.00 $ 212.53 5 15,893.00 Hart fSPRCCPC041100 0.67 S $ - City RPRCCPCO409DO 1,68 $ - $ - City RPRCCPC0402M 2-84 S - 5 - CKV RPRC00040600 3.85 S 129,483.00 S 33,63L95 $ 6,721,00 3 136,104.00 Scardino 11PRCCP040700 7.81 $ 149360.00 S 19,124-20 S 239,77560 S 389,138.00 Scardino RPRCTV50MI01 0-51 S 45,116.00 5 88,46475 5 736,509-D0 $ 281r625.00 Heiner RPRCIVSOOOZW 0.57 $ 27,669.00 $ 48,$77.19 $ 316,842-011 $ 344,531-W Findlay RPRCTV5000303 0.54 S 43,493.00 S 614542-59 5 126,716-110 5 170,209-00 Thomas RPRCTVS000301 0.36 $ 2L754.00 5 60,427.78 6 2,620,00 $ 23,374.00 Findlay 11PRCRECO00101 0-75 S 46,119.00 5 64.138.67 S 262,459.00 S 310,578.00 Willlams RPRCBECWOIO2 0.75 S 48,119.00 S 64,158,67 5 259,679-00 $ 303,798-00 Petkln5 RPRCHEC000202 0.98 $ 61,772.00 5 63,032.65 $ 336,75200 5 398,57400 Burnham RPRCBEC000201 0144 $ 48,247-00 $104,884.78 5 2(VA24LOO S 318489.00 We S$-arlta RPRCMVSWNDD 0.71 $ S - oty RPRCMV5000IW 0.85 $ - $ City GARDEN DR 0-41 $ - S - Cfty RPRCJCV"SW 0.24 S - S CRY $ 2,688,363.00 4842-4487-6768, v. 1 Exhibit ❑ RESOLUTION NO. 2020-j'- BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT AUTHORITY: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAI-10 AWA CHUBBUCK DEVELOPMENT AUTHORITY, ACCEPTING THAT CERTAIN SUPPLEMENTAL URBAN RENEWAL ELIGIBILITY REPORT CONCERNING THE ELIGIBILITY OF CERTAIN PROPERTY ADJACENT AND CONTIGUOUS TO THE 2018 AND 2019 STUDY AREAS REFERRED TO AS THE SIPHON- NORTHGATE INTERCHANGE WEST AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE SUPPLEMENTAL AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AUTHORIZING AND DIRECTING THE CHAIR, VICE -CHAIR OR AGENCY ADMINISTRATOR TO TRANSMIT THE SUPPLEMENTAL REPORT AND THIS RESOLUTION TO THE CITY COUNCIL OF THE CITY OF CHUBBUCK REQUESTING ITS CONSIDERATION FOR DESIGNATION OF AN URBAN RENEWAL AREA AND SEEKING FURTHER DIRECTION FROM THE CITY COUNCIL SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority, an independent public body corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1455, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law") and the Local Economic Development Act, Chapter 29. Title 50, Idaho Code, as amended (hereinafter the "Act"), a duly created and functioning urban renewal agency for Chubbuck. Idaho. hereinafter referred to as "Agency." WHEREAS, by Resolution No. 4-92, dated April 11. 1992, the City Council (the "City Council") of the City of Chubbuck, Idaho (the "City") created an urban renewal agency, pursuant to the Law; WHEREAS, the City Council, after notice duly published. conducted a public hearing on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "1992 Plan") to redevelop a portion of the City. pursuant to the Law and the Act. WHEREAS. the City Council. in response to the public hearing on October 27, 1992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92. to reduce the RESOLUTION NO, 3020- - I geographic boundaries of the revenue allocation area, which resulted in removal of the northern parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Pian, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessors Office by City Council Resolution No. I-93, dated January 19, 1993, to avoid splitting parcels; WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor") (collectively, the BOCC and Assessor may be referred to as "Bannock County") entered into the Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the "IGA.'), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for Purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue alIneation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission ("STC") were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "First Amendment"), which sought to deannex parcels from the 1992 Project Area commonly referred to as the "Old CarMike" parcels, WHEREAS, following said public hearing, the City Council adopted its Ordinance No, 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mall Plan"); WHEREAS, following said public hearing. the City Council adopted its Ordinance No. 759 on August 3, 2016, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the Agency retained J Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 650 acres in size located generally west of Interstate I5, south ofTyhee Road. east of Whitaker and north of Chubbuck Road {the "Study Area"}: RESOLUTION NO. 2020- -2 W HEREAS, the Agency obtained an eligibility report entitled Eiigibility Study for Siphon Interchange West Urban Renewal Area, dated October 201 8 (the "2018 Study"), which examined the Study Area for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency on November 20, 2018, by way of Resolution No, 2018-03, accepted the 2018 Study and authorized the Agency Chair to submit the Resolution and 2018 Study to the City Council for its consideration; WHEREAS, the City Council on or about December 5, 2018, adopted and approved Resolution No. 2018-12 finding the Study Area described in the 2018 Study was a deteriorated area and/or a deteriorating arca as defined by Chapters 20 and 29. Title 30, Idaho Code, and directed the Agency to prepare an urban renewal plan; WHEREAS, after adoption of Resolution No. 20I8-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently annexed into the City, be reviewed far eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning {xIrpUSeS; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional area: WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019 (the "2014 Study"), which examined two additional open land parcels totaling approximately 75 acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road and west of Interstate 15 (the "Supplemental Study Area'), for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2019 Study was submitted to the Agency, and the Agency on August _. 2019, by way of Resolution No. 2419-_, accepted the 2019 Study and authorized the Agency Chair to submit the Resolution and 2019 Study to the City Council for its consideration; WHEREAS, the City Council on or about August _, 2019, adopted and approved Resolution No. 2019_ finding the Study Area described in the 2019 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50. Idaho Code, and directed the Agency to prepare an urban renewal plan; WHEREAS, after adoption of Resolution No. 2019-_ by the City Council, a property owner requested that additional property adjacent and contiguous to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; RESOLUTION NO. 2020- -3 WHEREAS, in February 2020, the Agency retained Outwest Policy Advisors and authorized Brent Tolman to commence an eligibility study and preparation of an eligibility report of an area approximately 87 acres in size generally located at the southeast intersection of Tyhee Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls. The property is bordered by the UPRR Mainline on the west, Tyhce Road on the north, bordered on the east by a line of longitude at approximately 112'.27'.23.00" W and bordered on the south by a line of latitude at approximately 42°,56'.25.00" N- (the `2020 Supplemental Study Area"); WHEREAS, the Agency has obtained a supplemental eligibility report entitled Siphon Interchange West Supplemental Urban Renewal Eligibility Report, dated March 5, 2020 (the "2020 Study"), which examined the 2020 Supplemental Study Area, for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-201$(9) and 50-2903(8); WHEREAS, the 2020 Study has been submitted to the Agency, a copy of which is attached hereto as Exhibit A; WHEREAS, under the Law and Act, Idaho Code Sections 50-2903(g)(0 and 50-201$(8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(2). Idaho Code, absent the consent of tate owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years: WHEREAS. the 2020 Study includes a parcel subject to such consent. While the necessary consent has not been obtained, any consent shall be obtained prior to City Council consideration of any urban renewal plan; WHEREAS, under the Act, a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of strictures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. See Idaho Code § 50- 2903(8)(c); WHEREAS, Idaho Code §§ 50-201$(9), 50-2903(g) and 50-2008(d) list additional conditions applicable to open land areas, including open land areas to be acquired by the Agency; WHEREAS, the 2020 Study addresses the necessary findings concerning including open land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50- 2903(8)(c), and 50-2008(d); WHEREAS, pursuant to Idaho Code § 50-2008, an urban renewal project may not he planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area. or combination thereof, and designated such area as appropriate for an urban renewal project; RESOLUTION NO. 2020- .4 WHEREAS, Idaho Code § 50-2906 also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, the Agency Board finds it in the best public interest to accept the 2024 Report. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUB BUCK. IDAI 10, AIKIA CHUB BUCK DEVELOPMENT AUTHORITY, AS FOLLOWS: Section I . That the above statements are true and correct. Section 2. That the Board acknowledges acceptance and receipt of the 2020 Study. Section 3. That there are one or more areas within the City that are a deteriorating area or a deteriorated area, or a combination thereofas defined by Idaho Code §y 50-2018(9) and 50-2903(8). Section 4. That one such area is an area approximately 87,04 acres in size generally located at the southeast intersection of Tyhee Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls, The property is bordered by the UPRR Mainline on the west, Tyhee Road on the north, bordered on the east by a line of longitude at approximately 1120.27'.23.00" W and bordered on the south by a line of latitude at approximately 42°.56'.25.04" N. Section 5. That the rehabilitation, conservation. development, and redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of the City. Section 6. That the Chair or Vice -Chair of the Board of Commissioners or the Agency Administrator is hereby authorized to transmit the 2020 Study to the City Council requesting that the City Council: a. Determine whether the Supplemental Study Area identified in the 2020 Study qualifies for an urban renewal project and justification For designating the area, as appropriate, for an urban renewal project; III If such designation is made, whether the Agency should proceed with the preparation of an urban renewal plan or plans for the area, which plan or plans may include a revenue allocation provision as allowed by law; c. Coordinate with the Agency to obtain the required agricultural operation consent from the property owner. RESOMITIM NO. 2020- -5 Section 7. That this Resolution shall be in full force and effect immediately upon its adoption and approval. i-yle; PASSED by the Urban Renewal Agency of the city of Chubbuck. Idaho. on A 12� . 2020, Signed by the Chair of the Hoard of Commissioners and attested by the Secretary to the Board of Commissioners, on Affil J_a. 2020. APPROVED: a' ATTEST: By I kvvl"' qvL,- Secretary 4824 -GM -1704, v. 1 RESOLUTION Na. 2030- -6 CONSENT FORM COMES NOW Kent Yost, Partner of JYY LLC, an Idaho limited liability company, and states that JYY LLC owns that certain properties generally described as Parcel Identification Number: RPRCCPC044000, RPR3803055507, and RPRCCPC041900 and more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"), and hereby certifies: (1) that the Property has been used, within the last three (3) years, as an agricultural operation; and (2) that the undersigned has reviewed the materials provided in Exhibit B, and has had an opportunity to review the urban renewal eligibility.r"orty %d October 2018, entitled Eligibility Study for Siphon Interchange West UrbA ltefiek&4t a Ior the Chubbuek Development Authority, prepared by Renee Magee, JFo'l d'A�sso�`�lc eg, did as attached hereto as Exhibit C. = Further, Kent Yost, as Partner of said JYY LLC,i1ere f tov;ides is, r consent and approval that the subject Property may be included withirfl��propose -Abant'enewal area, and maybe deemed appropriate for inclusion within an urban ref4e�yaTp�`oicct.area as defined by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, ldaho Ode, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended, as the property possesses certain character tics of eligibility. r DATED this day of August, 2020. JYY LLC Name: Title: 2_ STATE OF IDAHO } } ss: County of Bannock } Oil this I day of August, 2420, before me, a notary public in and for said state, personally appeared Dent Yost, known or identified to nye to be the member ofJYY LLC, an Idaho limited liability company, the person who executed the instrument on behalf of said limited liability company as said member of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .,\\N 110 1 ', i Notary Pub c f Idaho Residing A� _� �,txT►�Ir} 9 My Commission Expi 's d z* s *UBLI� IOA14 EXHIBIT A LEGAL DESCRIPTION OFFICIAL RECORD BK# 0 FEE 15.00 DEPUTY JM BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF First American Title - Pocateiio 22008048 2020 May 15 PM 04:29 AFTER RECORDING MAIL T0: Electronzally Recorded by Simpiifife JYY, LLC S. 4th Ave, Pocatello, THIS INSTRUMENT FILED FOR RECORD BY Pocatello, Id 83202 FIRST AMERICAN TITLE COMPANY AS AN AOX MWATION ONLY AND HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO IFS EFFECT UPON THE TITLE QUITCLAIM DEED File No.: 893571-P (er) Date: May 15, 2020 For Value Received, Kent L. Yost and Emilee M. Yost, husband and wife and R. David Jackson and Roxanne Jackson, husband and wife, do(es) hereby convey, release, remise, and forever quit claim untoM, LLC, an Idaho limited liability company, whose address is 416 S. 4th Ave., Pocatello, Id 83201, herein after called the Grantee, the following described premises situated in Bannock County, Idaho, to -wit: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. together with its appurtenances. Dated: V Page 1 of 4 --z R. David Jack .,XAna STATE OF Idaho ) ss. COUNTY OF Bannock ) On this Instrument: 22088048 Page:@ May, 2020, before me, a Notary Public in and for said State, personally appeared i; nilee M. Yost, known or identified to mete, be t person whose name(s) are h%,instrument, and acknowledged to/me tlAt t e cuted tO4 same. OZARY .. PUO � •••• QJ. iMP �.•� �i �h q1E O� --•``. STATE OF Idaho ) ss. COUNTY OF Bannock ) res; On this a day of May, 2020, before me, a Notary Public in and said State, personally appeared R. David Jackson and Roxanne Jackson, known or entif d m be the person(s) whose name(s) are subscribed to the within instrument, and pcwl ged t m� they 4ecuted the same. p '•�. 41 •;0TARi :���: pUBL1CJ�..: '. >� •. Na. 20 4, 00 F �;+ set 441L 9431410124,14 ission Expires: Instrument: 22008048 Page.0 EXHIBIT A PARCEL 2: A PORTION OF LAND LOCATED IN THE W1/2 NW1/4 AND THE NW1/4 SW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, LYING WEST OF THE HILINE CANAL. EXCEPTING THEREFROM LANDS OF MELVILLE W. AND ORA L. JENSEN, DESCRIBED IN INSTRUMENT NO. 404884 AND 678164, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, B.M.; THENCE SOUTH 36°07' EAST, 1450.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 84°57' EAST, 174.50 FEET; THENCE SOUTH 12°01' WEST, 251.00 FEET; THENCE SOUTH 89°57' WEST, 138.00 FEET; THENCE NORTH 01°26' EAST, 262.30 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE LANDS OF HAROLD L. AND VEDA ). RUPP, DESCRIBED IN INSTRUMENT NO. 393016 AND 772341, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP S SOUTH, RANGE 34 EAST, B.M., THENCE SOUTH 36°07' EAST, 1450.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01026' EAST, 241.0 FEET; THENCE SOUTH 87036' EAST, 210.0 FEET; THENCE SOUTH 12°O1' WEST, 259.00 FEET; THENCE NORTH 84°59' WEST, 174.50 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: PART OF THE NWl/4 SWI/4 SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS. COMMENCING AT THE SW CORNER OF SAID SECTION 35; THENCE N 00114'09" E 1323.84 FEET ALONG THE WEST LINE OF SAID SECTION 35 TO THE SW CORNER OF SAID NWIA SWI/4, FROM WHICH THE WEST I/4 CORNER BEARS N 00°14'09" E 1323.84 FEET; THENCE ALONG THE SOUTH LINE OF SAID NWIA SWI/4 S 89046'40" E 750.97 FEET TO THE POINT OF BEGINNING. THENCE N00013'20" E 248.31 FEET; THENCE S 89°46'40" E 407.46 FEET TO THE CENTERLINE OF THE FORT HALL MAIN CANAL; THENCE ALONG SAID CENTERLINE S 05146'10E 2549.67 FEET TO A POINT ON THE SOUTH LINE OF SAID NWIA SWIA; THENCE ALONG SAID SOUTH LINE N 89°46'40" W 433.52 FEET TO THE POINT OF BEGINNING. RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company 223 North 15th Avenue Pocatello, ID 83201 File No.: 873546-P (ap) OFFICIAL RECORD BK# 0 FEE 15.00 DEPUTY JB BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF First American Title - Pocatello 22002188 2020 Feb 06 AM 10:22 Electronically Recorded by Simplifile )ace Above This Line for Recorder's Use On], WARRANTY DEED Date: February 03, 2020 For Value Received, ]JAR Investment, L.L.C., an Idaho limited liability company, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto M, LLC, an Idaho limited (c Z 1 liability company, hereinafter called the Grantee, whose current address is 13982 Rio Vista /J Rd, Pocatello , ID 83202, the following described premises, situated in Bannock County, Idaho, to- -1 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 (N61 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. Instrument: 22002188 Page:O JJAR Investment, L.L.C. , an Idaho limited liability company By: d, 1, --, Name: John P. Marshall Title: Member & Manager STATE OF Idaho COUNTY OF Bannock ) C5+1 -- On this Firth day 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 theJJAR 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. loch k.� MEUSSA RASCHKE Notary P lic of Idaho COMMISSION #25470 Residing at: Pocatello, Idaho NOTARY PUBLIC Commission Expires: 12 z#' �-15-1�Z (o STATE OF IDAHO X)4 MY COMMISSION EXPIRES 02/05/28!'0 EXHIBIT A PARCEL 1: Instrument: 22002188 Page:O 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, 29.15 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, 29.15 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 89031'57" 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. OFFICIAL RECORD BK# 0 FEE 15.00 DEPUTY JM BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF First American Title - Pocatello 21901469 2019 Feb 01 PM 03:08 Electronically Recorded by Simplifile WARRANTY DEED THIS INDENTURE, made this 1 st day of February, 2019, between JJAR Investment, L.L.C., an Idaho limited liability company, whose address is 480 Tewa Ave., Pocatello, ID 83204, herein designated as "Grantor" and JYY, LLC, an Idaho limited liability company, whose address is 416 S. 4' Ave., Pocatello, ID 83201, herein designated as "Grantee": Grantor, for valuable consideration, does by these presents, Grant, Bargain, Sell and Convey and Confirm unto Grantee and its heirs or assigns forever, the following described premises in the County of Bannock, State of Idaho, bounded and more particularly described as follows, to -wit: See, Exhibit "A " attached hereto and by this reference made a part hereof Together with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the rents, issues and profits thereof. TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs or 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. IN WITNESS WHEREOF, the said Granto has hereunto set hand and seal the day and year first above written. JJ R Hues ;� �LC"Dated: 2 • l • 7�0 { `i v, w1sa.bur ;a 1�sr.•�er ohn P. Marshall, Member & Manager Dated: Dated: Dated: Warranty Deed Page 1 Recordle r .nically / ID Ccunty DateTime Simplifi;e.com 800.460.5657 WARRANTY DEED THIS INDENTURE, made this 1 st day of February, 2019, between JJAR Investment, L.L.C., an Idaho limited liability company, whose address is 480 Tewa Ave., Pocatello, ID 83204, herein designated as "Grantor" and JYY, LLC, an Idaho limited liability company, whose address is 416 S. 4t6 Ave., Pocatello, ID 83201, herein designated as "Grantee": Grantor, for valuable consideration, does by these presents, Grant, Bargain, Sell and Convey and Confirm unto Grantee and its heirs or assigns forever, the following described premises in the County of Bannock, State of Idaho, bounded and more particularly described as follows, to-wit: See, Exhibit "A " attached hereto and by this reference made a part hereof Together with all and singular, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the rents, issues and profits thereof. TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs or 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. IN WITNESS WHEREOF, the said Granto has hereunto set hand and seal the day and year first above written. JJ Rnves t, L.L.CL ,, �-�►X wte...bur 4 res Dated: 2. • t 7� 19 v � h•�e.r ohn P. Marshall, Member & Manager Dated: Dated: Dated: Warranty Deed Page 1 STATE OF IDAHO ) t ss County of o, ) 5� On this day of February, 2019, before me, the undersigned Notary Public in and for said County and State, personally appeared John P. Marshall, known or identified to me to be the member of JJAR Investments, LLC, the Idaho limited liability company that executed the foregoing instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he executed the same on behalf of JJAR Investments, LLC. IN WITNESS, I have hereunto set my hand and affixed my offLcia day and year in this certificate first above written. AMBER PUFALL ��---- FSTATE OMMISSION #48899 NOTARY PUBLIC NOTAR PUBLIC�€e{ Idah (SEAL) OF IDAHO Residing at: {�L C k� MISSION EKPIRES 12131=4 Commission Expires: STATE OF IDAHO ss County of On this__ day of Fe uary, 2019, before me, the undersigned Notary Public in and for said County and State, personally appeared___ , known or identified to me to be the member of JJAR Investments, LLC, the Idaho limited liabi company that executed the foregoing instrument, and being by me first duly sworn, declared that the statements therein are e, and acknowledged to me that she/he_axecuted the same on behalf of JJAR Investments, LLC. IN WITNESS, I have hereunto set my hand a xe official seal the day and year in this certificate first above written. (SEAL) -- STATE STATE OF IDAHO ss County of NOTARY PUBLIC for Residing at: Commission Expires: On this __ day of February, 2019, before me, the undersigned Notary Public in and for said County and State, personally appeared , known or identified to me to be the member of JJAR Investments, LLC, the Idaho ' ited liability company that executed the foregoing instrument, and being by me first duly sworn, declared that the stateme therein are true, and acknowledged to me that she/he executed the same on behalf of JJAR Investments, LLC. IN WITNESS, I have hereunto set my ha n d aftxed m gal seal the day and year in this certificate first above written. (SEAL) Warranty Deed Page 2 NOTARY P 1C for Idaho Residing at: Commission Expires: STATE OF IDAHO County of� Onthis__dayo ss , 2019, before me, the unde personally appeared___ _ Investments, LLC, the Idaho limited sworn, declared that the statements the of JJAR Investments, LLC. (ed Notary Public in and for said County and State, or identified to me to be the member of JJAR ility company that exe ted the foregoing instrument, and being by me first duly ei a true, and acynowledged to me that she/Itc executed the same on behalf 1N WITNESS, I have hereunto set my ha and fixed my official seal the day and year in this certificate first above written. (SEAL) Warranty Deed Page 3 NOTARY PUb'WC for Idaho Residing at: Commission Expires: EXHIBIT "A" LEGAL LASCRIPTION - PARCEL 1 REVISED FROM INST. NO, 21.005389 A PARCEL f)1 LANG LOCATED IN THE SOUTHFAV 114 Of SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST ROiSE N1tHIDIAN, BANNOCK COLINTr, IDAHO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEa'61 CORNER OF SECI ION 34, BEING K40NUMENTEN O-YA 5i8' IRON ROD WITH ALUMINUM CAP AS DESCRIBED PER (ORNE IL PERPETUATION RECORDED AS INSTRUMENT NO. 21211145 IN THL OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 0'14'09" EAST, ALONG THE EAST LINE OF SECTION 34, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RtGHT-OF-WAY LINE OF SIPHON ROAD, SAID POINT BEING THE POINT OF BEGINNING. 711tNCC NORTH 89"36"44" WEST, ALONG THF NORI II RIGIIT OF�WAV LINE OF SIPHON ROAD, SEINE PARALLEL WITH ANO 30.00 F FET NORTte Or THE SOUTH LINE OF SECTION 34, A. DISTANCE Of 982.74 FEET 10 A POINT ON THE. EAST BOUNDARY LINE OF A 100,00 FOOT UNION PACIFIC RAILWAY R IGHT-OF-WAY, SAID POINT A1. 0 BEING 100 00 FEET EAST OF THE EAST BCIUNDARx I INE. OF THE NORTHSIDE PLAZA SUBDIVISION, h SUBDIVISION RECORDED AS IN5TRUMENT NO. 6215761N THE OFFICIAL RECORDS O= BAN NOCK COUNTY; THENCE NORTH 1'11'54' WEST, ALONG THE FAST BOUNDARY LINE OF THE UNION PACIFIC. RAILWAY RIGHT-OF-WAYIINI:, THE: SAME BEING PARALLEL WITH AND 100.00 11ETEAST OF THE EAS'I BOUNDARY LINE OF THE N'ORTHSIDf P1 AIA SUODIVISION, A DISTANCE OF 1713.2.6 FEET; THENCE SOUTH 89'17'33" EAST (RECORDED AS 50UTH 89"31'57'` EAST PER INST, NO, 210453891 A DISTANCE OF 1025.65 FEET TO A POINT ON THE EAST UNE OF SECTION 34; THENCE SOUTH 0°1+3'09" WEST (RECORDED AS SOUTH OWNY01" EAST PER INST. NO, 21005389), ALONG THE EAST LINE OF SAID SIECTION '34, A BISTANCE OF 1706.78IRECOR#ED As 1726 60 FEET PER INIST, NO, 21005389) TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39.41 ACRES, MORt OR LESS.. And excepting therefrom the area platted as Northside Crossing - Division 1 as described on the plat (attached) Warranty Deed Page 4 CURVE TABLE # RADIUS A ARC TAN014NT CHORD CHORD 5' LENGTH 13EARINC MSTANCic Cl 20.00' 1 9W '07" 31.47' 20.05' S45'18'43" 20.32' C2 20.00' B9Q5O'5" 31.36' 19.9' N 44`41"17" W 28-25' V rAiw 8 ca 5' z^ 9 J d w aCw� U. un 2 aC4 5: Lu Oz um - UJ Ir Cn O u� O Lu oto z F`m m M 0U!V) J 0 z Cq 34 00.rIR - NCW.+40.00�� SOUTH filo CORNER OF SECTION 34. FOUND ITD MONUMENT IN VAULT AS DESCRIBED IN CP & F INST NO. 21111672 Iz N NORTHSIDE CROSSING . DIVISION I LOCATED IN THE SOUTHEAST 114 OF SECTION 34, TOWNSHIP 5 SOUTH, MANCE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO REFEREAF" DMIMEN1 BEARINGS AND DISTANCES PER NORTH IDE PLAZA 5UBDIVISIGN PLAT (RECORD INST. NO. 521576) BEARINGS AND DISTANCES PER TAILWIND SUBDIVISION FLAT (RECORD INST. NO. 20727165) BEARINGS AND DISTANCES PER RECORD OF SURVEY FOR GLEN MARSHALL (RECORD INST. NO. 94014990) EAR INGS AND DISTANCES PER RECORD OF SURVEY FOR MIKE t — �€� I HOEHNER (REGORD INST, NO 20519710) - rrrl a BEARINGS AND DISTANCES PER CONTROL RECORD OF SURVEY FOR THE CITY OF CHIJBaVCK (RECORD INST NIO- 2091579 1) -- JARj BEARINGS AND DISTANCES PER CORRECTION WARRANTY DEED (RECORD iNST. NO21005389) SEE RECORD OF SURVEY FOR LYN MOST INST. NO. 21903707 I !ikT ,,4W; 1 00'VVIDE RAILROAD RIGHT-OF-WAY SEF NOTE_ 'j JYY, LLC INST. O. 21901469 55' WIDE TEMPORARY PUBLIC UTILETY EASEMENT INCLUDING PRESSURIZED IRRIGATION (SEE DOTE 3) 1 EASEMENT'S ARE 10' WIDE AND ARE FOR PUBLIC UTILITIES. DRAINAGE AND ROADWAY SLOPES UNLESS OTHERWISE NOTED 2. VVITNESS MONUMENTS FOUND 4D" NORTH OF THE SECTION LINE AS DESCRIBED PER RECORD OF SURVEY FOR LYN YDST f.RECORD INST. NO. 21903707). 3. TEMPORARY PUBLIC UTILITY EASEMENT FO R INSTALLATIOPI AND MAINTENANCE OF PUBLIC UTILITIES INCLUDING PRESSURIZED IRRIGATION SERVICE LINES. THE EASEMENT W ILL TERMINATE AFTER THE NEXT SUB 0IVISION IS COMPLETED. INCLUDING ACCEPTANCE BY THE CITY OF ALL AOADWAY IMPROVEMENTS AND RECORDING OF THE PLAT IF SAID ADJACENT SUBDIVISION. THIS TEMPORARY EASEMENT IS RECORIDEDI�IVTHE OFFICIAL RECORDS OF BANNO K COUNTY UNDER INST. NO j j r jCXj 34 EAST 114 GORNER OF SECTION 34 - FOUND 112" REBAR WITH PLASTIC CAP 35 STAMPED "LB 2341" AS DESCRi BED IN CP & F TMST. NO. 20520348 cv I 141 v as 89°36'44" E 720.00" ��.r��r6� "fim � 011 FIG 1D' WIDE PUBI-Ic 41,—UTILITY EASEMEN7 �I �I _I W Cti a ►-i �0 a Y I C2 -1083 ,80'— t yuK.69' • TA0 1 dEAUACAMS BLOCK I 10' WIDE PUBLIC U71LITY EASEMENT — — — _ -- N 89'3$'44" W 620.00' — — — BA!ilS OF BEARIIVOS 778736Z-7 7` 1 .0 ' —N 89"38'44'- V4 2650.75 (s&9 -X -ENSA,-s- . Rm) 70' UVIDE PUBLIC UTILITY EASEMENT RANDY MERICA APJID TERESA MERIC:A iNST. Tait.]. €396747 40.00' I (w, - t 30.04_ —C 1 (SEE No 2j P'01 NT OF BEGINNING �34 35 N 0014'09" E= 3D. GO' 30' VV IDE CANAL SOUTHEAST CORNER OF RIGHT -OF -QUAY SECTIGN 34, FOUND ALUMINUM } I CAP MONUMENT AS DESCRIBED IN CP & F INST. NO. 21211748 4 �,'J?F.;7If �ff t�FTIF4 100 0 50 1 �I{J { IN FEET) 1 inch =;: 900' gI41NLL',Fk r G1 - a x -Z, ►r+ CoFRi�4ELti LEMB SECTION CORDER AS NOTED FOUND 114 CORNER AS NOTED CALCULATED POSITION. NOTHING FOUND OR SET. FOUND 112" REBAR WITH NO DAP PER NORTHSIDE PLAZA SUBDIVISION FOUND 1 I REBAR WITH PLASTiG CAP (D STAMPED "LS 19342" PER RECORD OF SURVEY FOR MIKE HOEHNER (INST. N0.20519710) FOUND 5!B" REBAR WITH NO CAP PER NOIRTHSIDE PLAZA SUBOI ISION 0 FOUND 511" REBAR WITH 7 ALUMINUM CAP STAMPED "RMES PELS 2341" PER TAI LWIIND SUBDIVISION FOUND 518" REBAR WITH 7 ALUMINUM CAP STAMPED "RMES PELS 2341" PER RECORD OF SURVEY FOR KENT YOST (INST. NO. 21$03707) SET 5/8" x 24" REBAR WITH 2" ALUMINUM CAP STAMIPED "RMFS PELS 2341" 0 BLOCK 1 SUBDIVISION LOT I BLOCK NUMB ER if. EX[ST ING SU80IVISION LOT 1 FLOCK NO SUBDIVISION BOUNDARY LINE SUBDIVISION LOT LINE STREET CENTERLINE SECTION LINE EASEMENT SIDELINE EXISTING EASEMENT SIDELINE ADJACENT 80UNCAR LINES BASIS WBEINIJIMS THE SOUTH LINE OF SECTION 34 WAS ASSUMED TO BE NORTH a9"36'44" WEST 8ETWEEN THE SOUTHEAST CORNER AND THE SOUTH IM CORDER PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. VIII4F-I . -- RECORDING INSTRUMENT PLUMBED N RTHSIDE CROSSING - DIVISION 7 LOCATED IN THE SOUTHEAST 1i4 OF SECTION 34, TOWNSHIP S SOUTH- RANGL 34 EAST, BOISE MERIDIAN. BANNOCK COUNTY, IDAHO Enginews -a Ssrmyors * Planners gip! 561h ,fit. W. #139011'%Hi*16M NO NMI • (TOS) 0?2,0110 600 E, Oak 'r . *hWjj, !A MW # 40 MIX) 2, 4Y 10 REVISIONS SURVEYED BY. JUK. SRM, JCE 1. OFFICE WORK EY' JC. SOB 2. PROJECT NO: 15031 DATE: OCTOBER 2019 DRAWING: R:'%I7'YDST, LYPAN ORTHS I DE C RGSSING - 1712MSLJR\ACAD\ NORTHSIDE CROSSING FP,CWG SCALE: 1 INCH = 100 FEET SHEET 1 OF 2 NORTHSIDE CROSSING - DIVISION 1 LOCATED IN THE SOUTHEAST 1!4 OF SECTION 34, TOWNSHIP NSHIP 5 SOUTH, 01MAIRY VESOMPAN FLANGE 34 EAST, BOISE P ERVAN, BANNOCK COUNTY, IDAHO A PARCEL QF LAT LOCATED IN THE SOUTHEAST 114 OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST. BOISE MERIDIAN, CANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS-. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 34, BEING MONUMENTED BY A 1518" IRON ROO WITH ALUMINUM CAP AS DESCRIBED IN CORNER PERPETUATION RF -CORDED AS INSTRUMENT NO. 21211746 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY- THENCE NORTH 0614'09" EAST, ALONG THE EAST LI NE OF SAID SEC TIDN 34, A DISTANCE OF 30.00 FEET TO 7�1E POI RT OF BEGINNING; THENCE NORTH 89"; '44" VEST, BEING PARALLEL WITH ASVD 30.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 34, A DISTANCE OF 720.00 FEET; THENCE NORTH 0'14'09" EAST A DISTANCE OF 432 66 FEET. - THE NGE EET; THENCE SOUTH 89°36'44" EAST A DISTANCE OF 720.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 34; THENCE SOUTH 0"14'09" WEST, ALONG THE EAST LINE OF SAID SECTION 34, A 01STANCE OF 452,66 FEET TO THE POWT OF BE6INNING. GONTAINING 7.15 ACRES, MORE OR LESS. oya rs canIIDAf I, JAY L. CORNELISON, A REGISTERED LAND SURVEYOR OF THE STATE OF IDAHO, DO HEREBY CERTII`Y THAT .A SURVEY WAS MADE UNDER MY DIRECTION OF THE LAND DESCRIBED IN THE AC GO MPAN Y I NG BOUNDARY D€SCRIPTION AND THAT THE PLAT UPON WHICH THIS CERTIFICATION APPEARS WAS MADE UNDER MY DIRECTION. I FURTHER CERTIFY THAT THE ACCOMPANYING MAP CORRECTLY DEPICTS THE DIVISION OF THE LAND AS MARKED UPON THE GROUND, THAT THIE MONUMENTS SHOWN CON F0 RMS WITH THAT SET OR FOUND UPON THE G ROU N0. AND THAT THE PERT INENT PROVISIONS OF THE STATUTES OF Ti~HE STATE OF IDAHO TOGETHER WITH .ALL LOCAL ORDINANCES PERTAINING THERETO HAVE BEEN CO MPLIED W" mr �I NZ� Lrl -19 L. C MELISON x= DATE v�_ F OF ,0,4 lY iLiOOi EOGNI I j SPATE OF IDAH0. COUNTY OF �Ilj l l ti ON THIS I DAY OF _ ��,,,,,�� IN THE YEAR 20 BEFORE f+IE A NOTARY PUBLIC, PERSONALLYAPPEARED LINDA HINES, KNCNVN OR IDENTIFIED TO 141E TO 13L A REGISTERED AGENT OF THE LIA+4ITED LIABILITY COMPANY THAT EXECUTED THE INSTRUMENT ON BEHALF DF SAID LIMITED LIABILITY C OM PANY AND ACKNOWLEDGED TO ME THAT SUCH LITE LIABILITY COMPANY EXECUTED THE SAME. N TA�Pl�i3LIC .•■�•,},, RESIDINGIN _ COUNTY- STATE OF IDAHO.'* '■■#''' =: MY COMMISSION FXPIRES 2,Pj DAY OF 'LI ACKNOWIENNINT STATE OF IDAHO, COUNTY OF LAyu&aCK ON TRIS DAYOF :, IN THE 0_j BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEAREDO LYN A. MOST, KNOWN OR IDENTIFIED TO ME TO BE A REGISTERED AGENT OF THE LIMITED LIABILITY CiDMPANY THAT EXECUTED THE INSTRUMENT DN BEHALF DF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME - SCOTT ' state S N TARY UI3LIC — Notary PubMic • 5lato o+ -;.:j Camrnisgion dumber nF1 7-. RESOING IN A+111, g- AL OL1hFTY, STATE OF IDAHO. Mx cornmi5slon cxr,.,j MY COMMISSION EXPIRES_�� DAA' OF i) �_ 2Q� CURAUM OfCOMAWS, CANVIRONSAAM7 RESTRICY)ONS A R E RECOIRDED AS INSTRUMENT NUMBER _ AND ARE HEREBY MADE A PART OF THE Pt AT MIR+ CERnA AN KNOW ALL MEN EY THESE PRESENTS THAT WE. THE UNDERSIGNEID OWNERS OF THE TRACT OF LAND DESCRIBM RV THE BOIJWARY DESCRIPTION, HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO A BLOCK, A LOT AND STREETS TO BE HEREAFTER KNOWN AS NORTHSIDE CROSSING - DIVISION 1 VVE, THE OWNERS, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT. THE LOCATION ANO DIMENSIONS OF THE BLOCK, LOT ARID STREETS ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREETS, WATER, SEWER. IRRtG ATION AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET RIGHT-OF-WAY, ARE DEDICATED TO THE4 PUBLIC FOR PUBLIC USE, UNLESS OTHERWISE INDICATED, AND THE EASEMENTS FOR PUBLIC UTILITIES ARE DED G ATED TO THE PUBLIC FOR THE INSTALLATION, OPERATION, MAINTENANCE AND USE OF PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALI_ DEPICTED EASEMENTS iS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES. AND FOR OTHER PUBLIC PLJRPO ES, INCLUDING, BUT NOT LIMITED TO. POSTAL DELIVERY BOXES, NO STRUCTURES, OTHER THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITY PURPOSES, ARE TO BE ERECTED OR PLACED WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HEREBY CON'VE EYED OR RESERVED TO THE PUBLIC IN PER PETLATY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS, SUBJECT TO M U N CIPAL REGULATION THE RE POIV^S113ILITY TO MAINTAIN THE PROPERT`f DIED IGATED, EXCEPT AS NOTED, SHALL PASS TO THE PUBLIC BODY HAVING JIJIR:SDICiTON WHEN SUCH [) EDI CATI'ON HAS BEEN ACCEPTED THE RESPONSI61LITY TO MAINTAIN THE SURFACE AREA OF PROPERTY OVER WHICH AN EASEMENT LIES SMALL REMAIN WITH THE OWNER AND DOWNER'; SUCCESSOR IN INTEREST. 71H RESPONSIBILITY TO MAINTAIN STORM WATER DETENTION FACILITIES. VVHETHER LYING IN AN EASEMENT OR LYING WITHIN A DEDICATED RIGHT-OF-WAY, SHALL BELONG TO THE OWNER OF THE PROPERTY BENEFITED BY THE DETENTION OF STORM WATER FLOWI NG FROM THAT PROPERTY WHlicH SHALL BE THE PROPERTY ADJACENT TO THE STORM WATER 0ETENTION FACILITY UNLESS SUCH FAC ILIT SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT THIS PLAT 1S GOVERNED BY THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK. WHICH PROVIDES THAT A FINAL PLAT SHALL CON STITUT€ A DEDICATION-' HOWEVER, APPROVAL OF THE F1 NAL PLAT SHALT. NOT CONSTITUTE THE C ITY'S ACCEPTANCE OF THE DEDICATION SUCH ACCEPTANCE SHALL BECOME EFFECTIVE ONLY UPON THE EXECUTION BY THE MAYOR DF A SEPARATE INSTRUMENT FOR THAT PURPOSE AFTER THE GITY COUNCIL HAS FOUND THAT ALL STIR LICTIJ RES ANI? IMRROVEMENTS RELATING TO THE DED IGATED PROPERTY HAVE BEEN COMPLETED ANID HAVE BEEN APPROVED UPON INSPECTION BY THE CITY. DEDICATION tS NOT B(NDING UPON THE CITY UNTIL ACCEIPTIED. L N A. REGISTERED AGENT. JYY, LLC. )Rfl/ 9AT1 # ATigl?)rATEXFN, LINDA HINES (LOT 1, BLOCK 1) REGISTERED AGENT- GRACE AT CHUBBL1CK. LLO LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT FALL IRRIGATION PROJECT, DELIVERY OF IRRIGATION WATER FROM T -IE PROJECT TO INDIVIDUAL LOTS HAS BEEN DONE IN COMPLIANCE WITH IDAHO CODE SECTION 31-3805(b) AND CITY OF CHUBBUCK CODE SECTION +&2k.15e PROPER TY OWNERS WILL BE OBLIGATED FOR ASSESSMENTS THROUGH THE CITY OF CHUBSUCK A RI !TIMI RRIVATION Pel MSCrAMPT . VVE HAVE REVIEWED THE PLAT AND ACCEPT THE CANAL EA CMENT f R I G H T -OF -VVAY AS SHOWN fim --mloedouk dgms&m a A 4?j!lr/ I I wok.CANAL COM NY •' D TE SANITARY AESTOW 17 NS SAN17ARY RESTRICTION AS REQUIRED BY IDAHO CODE- TITLE 50, CHAPTER 13 HAVE BEEN SATISRED. SANITARY RESTRICTION MAY (3E REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326, IDAF40 CODE, BY THE ISSUANCE OF A CERTIF ICATI< OF DiSAPPRO AL- DATE:4- IL-zals HEALTH DISTRICT SIGNATURE;._� Df [ORWWASRHNEW THE CITY OF CHUBBUCY DEVELOPMENT AGREEMENT RECORD AS INST, Ei" DI 19 l ARE HEREBY MADE PAIN OF THIS PLAT. `UIINA NY WATFR THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBLJ I{ MUNICIPAL WATER SYSTEM. c/ft OF ctivivir9cff THE PLAT ON WHICH THIS CERTIFICATION APPEARS HAS BEEN APPROVED BY THE CITY OF CHUBBUCK, IDAHO], THIS DAY OF 20 . KEVIN ENGLAND, A �R ERS, CITY CLERK { BRI�MOR RISON. P. E.. CITY ENoNEE-_R UNI r SUh YEp 'S cmrmmir I. MATTHEW S. BAKER, A REGISTERED LAND SURVEYOR iN AND FOR BANNOCK COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED TH15 PLAT AND COMPLIT,ATIDNS SHOWN HEREON. ANE] HAVE DETERMINEO THAT THE REQU IREMENT OF IDAHD GDDE 1305 HAVE BEEN MET, AND E APPROVE THE SAME FOR FILING THIS , 1 DAY OF .20L' /nae� . bzvk- MATTHEW S. BAKER PLS 13023 cotlAvir musairars mompicArf PURSU ANT TO T- 130 8, 1 DAH 0 C 00 E. i, JEN N IFER GLARK, DO HEREBY CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH DELINQUENT AND CURRENT. HAVE BEEN PAID IN FULL, THROUGH f COUNURAWORDERS ca nF) AIf I, JASON DIXON CERTIFY THAT TH1 S PLAT WAS FILED FOR RECQFR I THE OFF ICE OF THE RECORDS OFT COU NITY OF BANNOCK, IDAHO O THISDAY OF _I1 , ZOLAAt J �. AT TIME REQUEST DF _ - AND WAS DULY RECORDED AS INSTRUMENT NUMBER I ke'cw _V��rvrx S 0 N o I x o t4—,c (5u___N 7� R E?9 X � NORTHSIDE CROSSING - DIVISION 1 LOCATED IN THE SOUTHEAST 114 OF SECTION 34. TOWNSHIP S SOUTH, RANGE 34 EAST, BOISE MERIDIAN. BAN!N0CK COUNTY, IDAHO ""A w m4w F Engineers + Surveyors + PYiorS - -JV9 SM R W. 0738 • 117ftisftw, NO 5001 6 176 y 52Z0 f to WO E. Os#' St. * Aaea l&loq ZV OJ" 0 * (2001 ?JW 01 fO REVISIONS SURVEYED BY JDK, SRM, JOE 1. OFFICE WORD BY: JC, SOB 2. PROJECT NO: 16031 DATE. OCTOBER 2019 DRAWING: IR.117+YOST L NWNIORTHSIDE CROSSING - 1712"UR ICADI NORTHSIDE CROSSING FP.D G SCALE: 1 INCH = 100 FEET SHEET 2 OF 2 CHUBBUCK Memo Office of Community Planning & Economic Development PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: City of Chubbuck Land Use and Development Commission From: Don Matson, AICP, Planning Manager Date: October 5, 2020 Re: Discuss Recent Survey on Atmosphere and Street Names Recommend a Theme(s) for Downtown Area Street Names Background: A third survey regarding downtown planning was open online from August 25 through September 8, 2020 and 262 responses were collected, with 64% of respondents leaving at least one comment. Similar to the previous survey it is helping maintain some momentum and public interest in the process. This survey was also posted to the city's social media platforms (Facebook, Instagram, Nextdoor, Twitter, and the city website) and emailed directly to certain stakeholders. The Mayor also mentioned the survey in an interview, which certainly gave a boost in the response rate. Attached are the results of the survey, including raw comments, and research on potential street names. The three areas of focus in the survey were: • Physical elements to include or encourage for atmosphere (i.e. water, courtyards) • What types of seating/benches were preferred • What themes were preferred for street names With the input from the survey, staff is requesting the Commission provide a suggested theme(s) or list of potential names to recommend to the City Council for future downtown streets. The survey offered 7 themes for potential street names, some of the same themes that were asked about for downtown in general (in the following order): • Railroad • Pioneer settlers (in general) / land rush • Specific early settlers and Native American leaders • Hometown Chubbuck • Native flowers and other flora • Rivers / streams • Mountains/ other landforms • Other (provide suggestion) The two most popular themes were fairly even in the poll — mountains/landforms and rivers/streams. They each had over 100 "like very much" votes, and 80-90 "like" votes. Only 5% and 6%, respectively, voted "dislike." The third and fourth most liked were native flowers and hometown Chubbuck. See Exhibits 1 and 2 for more information. Analysis and Recommendation: In many urban areas street naming conventions follow a pattern that is recognizable to the public and makes wayfinding easier. For instance, a city may use suffixes such as street or avenue to note that a street is running north/south or east/west. Also common is the use of two naming themes to differentiate between north/south or east/west streets — using themes such as trees, presidents, letters, or numbers. Street names are sometimes alphabetical in order, or chronological —which is the case with presidents' names in Old Town Pocatello. Option 1: Propose either Mountains/landforms or rivers/streams as a theme for future street names in the downtown area. A list of potential names is found in Exhibit 3 for both themes. Recommendations from the survey were to use names specific to the city/region, rather than general terms (such as Kinport Peak instead of peak). Option 2: Propose using historic family names specific to Chubbuck as a theme for future street names in the downtown area. Several of the existing streets are named after early/former residents, including Burley, Evans, Burnside, Chubbuck, and Valenty. There is always some risk in naming a public facility after a person or family, including requests from other families who want the same recognition. See Exhibit 3 for a list of potential names to consider. Option 3 (Recommended): Propose a dual -theme system for future street names using the two most popular themes from the survey — mountains/landforms for north/south streets because the highest visible peaks nearby are south of town, and rivers/streams for east/west streets because water in Chubbuck flows from east to west/northwest. See Exhibit 3 for potential street names. Option 4: Propose the details from either Option 1 or Option 3, but incorporate native flower/flora for street names, which was the third most popular suggestion in the survey. A list of available names is found in Exhibit 3. 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 Next Steps: As we progress toward a downtown plan, it will be important to have the theme in place. When a plan is eventually adopted, a list of suggested street names to support the theme can become policy. The fourth survey in the series is currently open, asking about planters and trash cans (https://www.surveymonkey.com/r/Chubbuck-Clean-and-Green-Future), and will close October 12th or 13th. Although some information can be made available at the October 13 meeting, discussion will focus on the attached information and a recommendation of a theme(s) or potential names for downtown streets. Exhibits: 1. Street Name/Theme Survey Responses 2. Street Name/Theme Comments and Suggestions 3. Research on Potential Street Names 4. Physical Elements Survey Responses 5. Physical Elements Comments and Suggestions 6. Seating/Benches Survey Responses 7. Seating/Benches Comments and Suggestions 8. Survey Demographic Data 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: Street Name/Theme Survey Responses The Atmosphere of Chubbuck's Future "Downtown" Area - Street Names How do you feel about the following THEMES for future STREET NAMES? There are no proposals to change any street names - this would be for new streets, like behind and next to the new Citv Hall building at Linden and Burlev. Potential Themes Like Very Much Like Neutral Dislike Total **Weighted Average Mountains / Other Landforms 47.06% 112 34.87% 83 13.45% 32 4.62% 11 238 2.24 Rivers / Streams 43.93% 105 38.08% 91 11.72% 28 6.28% 15 239 2.2 Native Flowers and Other Flora 31.09% 74 43.28% 1031 15.55% 37 10.08% 24 238 1.95 Hometown Chubbuck 25.42% 61 41.25% 99 23.33% 561 10.00% 24 240 1.82 Specific early settlers and Native American leaders 19.33% 46 25.21% 60 29.83% 71 25.63% 61 238 1.38 Railroad Themes 12.82% 30 32.05% 75 33.76% 79 21.37% 50 234 1.36 Pioneer settlers (in general) / land rush 11.34% 271 22.69%1 54 38.66% 92 27.31% 651 2381 1.18 Other (please specify) - Comment Section 37 n/a *Another option, Spaces for festivals / events of different sizes, was included in a draft survey. It was favored in a previous downtown themes survey, but would be impractical for street names. 2.5 — 2 1.5 1 0.5 0 How do you feel about the following THEMES for future STREET NAMES? There are no proposals to change any street names - this would be for new streets, like behind and next to the new City Hall building at Linden and Burley. Q ■ **Weighted Average Answered 243 Skipped 19 ** The potential weighted average score was 0 to 3. Exhibit 2: Street Name/Theme Comments and Suggestions Comments Complete Comment (Raw Input) Just want to make sure the names seem appropriate and don't feel forced. Some placed with themed street names the theme seems overdone or too obvious. Vintage auto themes. Vintage Aircraft themes. Brick walkways could include different themes in different areas, embedded into the brickwork to point people toward specific display art. The names should still be distinct to our area (like portneuf--but not necessarily that) and not so generic they could be anywhere (like mountainview or new horizon) Nature theme! You're going to waste a ton of money by changing the street names to realize how costly this will be to businesses and a disruption of service for everyone Famous Historical Figures, Famous Authors Birthstones Names of Calendar months or Horoscopes Chubbuck population is 15k. Maybe a larger town could benefit from a project like this, but honestly it's a waste of money. Close city hall, merge all necessary depts (i.e. Police and Fire) with Pocatello. hopefully, as a whole the new ideas, dont, have the mormon influence. not everyone is Ids! President of America street names I believe showcasing the vast variety of wild creatures that are native to our beautiful corner of Idaho will educate and awe both members of our community and travelers from near and far. Don't change names that are already established , such as when you changed siphon to newdayparkway, from highline to Yellowstone why wasn't it named from highline east up the new road to the interchange and development. So was that done to confuse people exiting off the interstate as to where siphon rd is ? Add some live unicorns GET THE IDEA I DON'T GIVE A DAMN! [This respondent selected Neutral on each picture choice.] Nature theme Local influential persons of various ethnicities not limited to native Americans not pioneers Birds The area is suited to industrial use. This utopian vision of "downtown" is absolutely ridiculous. Mountains Native American Rivers and streams This is a joke! Stop wasting money. How have we gotten to this point? History of Chubbuck hate hate hate the pioneer and railroad ideas... water features Tree theme. It's pretty much the only thing out of these Chubbuck really has going for it. I don't think of Chubbuck when I think of any of these things. But I do think of trees and parks. Don't do the natives. With the craziness in the world your going to have to change it in a few years anyway even if it's meant to be respectful and bring awarness. I hate the pioneer/railroad themes. This area has enough of that. Chubbuck has an opportunity to become a modern cultural area. Let's move away from the constant pioneer/railroad themes. We have enough of that already. Complete Comment (Raw Input) Pocatello and Chubbuck have struggled with identity. Both need to move away from the old railroad city look and mentality and put a stronger focus on showcasing cities of innovation and new technologies that represent, and support, the cutting-edge companies in the area (On Semiconductors, FBI, ICCU, Portneuff Medical Center, ISU, etc. etc. etc.). If we name a street after someone or something, we ought to include a plaque or marker, something to draw attention and appreciation. Movie characters Nothing to do with religion Wood names Mountains Be very careful here. In this day and age of everyone being offended someone isn't going to like a historical figures name for some reason or another Animal names Don't name them after historic leaders or settlers, we'll end up finding out that they were slave owners or something and have to rename the streets. Go with something neutral that is applicable to the area. need to work with what is there to reduce costs, seasonal water feature with irrigation water, pond with flow through irrigation water. [This comment appears to be in response to the entire survey - water features, etc.] Ina [no preference] Exhibit 3: Research on Potential Street Names The following mountain, stream, family, and flora names are not currently in use in the Portneuf Valley. Mountain/Landform Box Canyon Bull Canyon Coyote Hollow Dry Hollow Elk Meadows Elkhorn Peak Gibson Mountain Haystack Mountain Inman Canyon Kinport Peak Old Tom Mountain Rock Knoll Scout Mountain Sedgwick Peak Slate Mountain Slide Canyon Valve House Draw Wakley Peak River/Stream Barclay Creek Blind Spring Buck Creek Campbell Creek Chimney Creek Clifton Creek Corral Creek Corral Spring Crystal Creek Doe Creek Hawkins Creek Inman Creek Little Horse Spring McNabb Creek Midnight Creek Mill Creek Outlaw Creek Pine Spring Sawmill Creek Snake River Spider Creek Walker Creek Waterhouse Spring Whiterock Creek Area mink creek mink creek south county south county sw of pocatello south county s of pocatello portneuf range inkom s of pocatello s of pocatello sw of pocatello s of pocatello south county s of pocatello south county mink creek south county Area rocs creek tributary ross creek tributary south pocatello south pocatello mink creek south of mink creek mink creek s of pocatello sw of pocatello south pocatello south of Old Tom north of inkom ross creek tributary north of inkom sw of pocatello se of town sw of pocatello ross creek tributary east county n/a east county s of pocatello east county s county Note Bullock and Bull Moose are taken Elk and Elk Pass are taken Elk horn near lava Gibson Jack is taken Inman Road n of Inkom south of lava Canyon Street in Pocatello Note crystal springs e of mccammon Inman Rd n of Inkom McNabb rd in inkom millward and mt mills are taken pinewood, alpine and pine are taken sawmill in inkom spider creek in inkom Early Family Names Note/Source Albert shown in land patents in downtown area 1906-1908 Brown shown in land patents in downtown area 1906-1908 Cunningham shown in land patents in downtown area 1906-1908 Getty early family listed in History of Chubbuck Grow early family listed in History of Chubbuck Holland shown in land patents in downtown area 1906-1908 Kearns early family listed in History of Chubbuck Kirkpatrick early family listed in History of Chubbuck Lindquist early family listed in History of Chubbuck Meritt early family listed in History of Chubbuck Roueche early family listed in History of Chubbuck Trapp shown in land patents in downtown area 1906-1908 Yasuda Chubbuck siding originally called Yasuda Native Plants/Flowers Note Arrowleaf there is an arrowhead street Aster Bitter Brush there is a bitterroot street Bluestem Box Elder Boxwood Brooklime could be confused with brookline Chamomile Columbine Cottonwood there is a cottonwood, but it's in swan lake Dogwood Elderberry Engelman (spruce) Evening Primrose pocatello has a primrose Huckleberry indian paintbrush pocatello has a paintbrush larkspur Lodge Pole (pine) Lupine Mock Orange Orchid Purple Sage Quaking Aspen pocatello has an aspen Red Alder Red Birch pocatello has a birch sagebrush Suncup Timothy w ■or IEN E SfrRAin :BSSCOun� t-Bfl W.smouno---- Eastbound 1-86 9s Exhibit 4: Physical Elements Survey Responses Below are the images and descriptions of different elements to encourage and/or include in the downtown area. The results, in order of weighted average, were: • Courtyards and shaded squares — 1.82 • Water features — 1.73 • Wide sidewalks (potential for dining) — 1.68 • Pocket parks — 1.62 • Shaded courtyards for dining — 1.60 • Splash pads, interactive water features — 1.48 • Interactive art pieces — 1.45 • Public art, murals and sculptures — 1.32 • Inner block courtyards and alleys — 1.25 Water features, such as a fountain, stream, pond, or reflecting pool. UMPr 00� MCI lvr_ T KICI MOAN V I ILlC T rnrAI %Ami e,-LJ'YCn LJIa.]L11\L 11L4 I IV\V LI11L 1 V 11"4L YY LI till 1 1 LV T AVERAGE 7.39% 12.05% 80.54% 19 31 207 257 173 Courtyards and squares with seating, landscaping, and ample shade. DISLIKE NEUTRAL LIKE IV TOTAL � WEIGHTED AVER AGE 3.47% 11.20% 85.33% 9 29 221 259 1.82 Wide sidewalks that can accommodate outdoor dining. DISLIKE NEUTRAL 3.45 15.00%. 22 39 LIKE TOTAL WEIGHTED AVERAGE 75_54o/ Baa 260 168 Public art, such as murals on the side or back of a building, memorial statues, or sculptures of various sizes. DISLIKE 1W NEUTRAL LIKE TOTAL 1W WEIGHTED AVERAGE 16.86% 44 34.48% 48.66% 9n 127 Splash pad or other water features with public art and seating - offering_ a cool place for adults on a lunch break, or kids on summer break. DISLIKE 1W NEUTRAL LIKE 1W TOTAL 1W WEIGHTED AVERAGE 16.92% 17.69% 65.38% 44 =fin 170 7(--,f7 1.43 Unique items that are artistic but also interactive, such as decorative bike racks, a stone chess table, or a mural or a large statue that people touch or pose with. DISLIKE T NEUTRAL 1W LIKE T TOTAL WEIGHTED AVERAGE 13.95% 26.74% 59.300/0 .3p ❑� IBJ [�O 1.4:7 Shaded courtyards for one or more restaurants to share. 72 �?l7iGkl�r' 1 iT 'Ab� 1i� V" DISLIKE W NEUTRAL 14.38% 27 19.62% E.. IV LIKE 7Q-0y4[°yI`vy 192 W TOTAL 260 WEIGHTED AVERAGE 1.60 Pocket parks and larger areas to connect blocks, businesses, etc., that can also host medium Ci71-ri PI/PntC } Z q FA DISLIKE NEUTRAL LIKE TOTAL WEIGHTED,. AVERAGE 6.90% 24.140k 68.97% is 63 180 261 1.62 Development of inner block courtyards and public open alleys for access. i DISLIKE NEUTRAL W LIKE 1w TOTAL WEIGHTED,, AVERAGE 20.85% 33.59% 45.56% 54 87 118 259 1.25 Exhibit 5: Physical Elements Comments and Suggestions Responses to the question: "Was there a certain feature or place (or group) above that was your favorite? Which one(s)? Ample shade! #1 and #2 Water features courtyards and squares with seating, landscaping and ample shade. Ponds Outdoor dining and event spaces. All water features are great! I like the wide sidewalks for outdoor dining. I think part of it should be pedestrian only traffic #2&3 Water features & street side outdoor dining Water features I like the water features and restaurant features Places where people can walk, shop and dine! Water art Water features Outdoor space and things for kids Water fountain and or splash pad, shady area with trees, and areas for visitors to sit and relax Your survey is skewed you can't click on one button for instance LIKE button will light up all dislike and neutral. I have tried it numerous times besides you don't have any of the things that would contribute to most of these considering the stores that are in place now and all the other commercial buildings so it's a pipe dream besides flawed survey. Wide sidewalks that can accommodate outdoor dining. Save tax dollars for more meaningful projects No Just bring culture and enrichment, with an exciting useful purpose Fountains, pools, wide shaded sidewalks Pocket parks and shaded courtyard works be a cool, easy feature to connect everyone together Open public access connecting streets I like a good clean outdoor atmosphere. The water and courtyards with flowers and trees are peaceful. Especially if there is a small stream or pond to soak feet or play in Courtyard with shops and outdoor eating Outdoor dinner, pocket parks, splash pad and water features Both I really like the idea of interactive art. My husband once lived in an area with a slide that was also a piece of art for the town. We have children and I like areas where they can play, and i don't have to feel like I need to chase them The last one and first one Fountain Wide sidewalks for outside dining Art related Water falls, out door eating area, the big sculptures with water falls. Outdoor dining with places to walk around Fountains and art The splash pad Park and garden areas Anything with water & that brings people out to enjoy downtown. A swimming pool Courtyard for restaurants to share. Restaurant suggestion: Joe's Crab shack Other: Traderjoe's Water, outdoor seating, public art Art and parks Small parks & benches Don't build a downtown. Completely unnecessary. Maybe I'd rather support the idea to merge Pocatello and Chubbuck. No I really liked the idea of open courtyards and murals Wide sidewalks No nope Shade and water features with nice, accessible sidewalks are awesome! Especially anything that could be utilized year round with weather Wide walkable sidewalks Anything involving the children. I'd love to see more nature and art in the city. More free activites and places to visit are desperately needed Artistic parks I really enjoy the idea of a reflection pool or fountain features. Also, modern art fixtures for the public to enjoy. The very first display with water. No, incorporating all of these features and interconnecting them would be an inviting making the socially active and functional. G Shaded courtyards Water feature, courtyards with ample shade Shade Shaded courtyards Shaded courtyards for one or more restaurants to share, and a water stream or pond feature. some sort of water feature like fountains Inside walk ways and courtyards. But would be nice if they had retractable roofs that can removed in the summer months. 2 3 1 like shaded areas.... seating areas.... watered areas .... and large gathering areas Water features, outside dining, art. Water I like the sculptures and parks. I do not like areas that are enclosed that run the risk of being dangerous after dark. I think it will look very nice. I think it's about time Chubbuck gets it's own identity to separate from Pocatello. HAVE YOU PEOPLE DRIVEN THROUGH PARADISE ACRES AND SEEN THE OLD TRAILERS ON THE ROADS, OLD TRAILERS IN DRIVEWAYS WITH PEOPLE LIVING IN THEM, THE HIGH NUMBER OF JUNK CARS ON THE STREET DUE TO PEOPLE RENTING OUT ROOMS, THE SIDEWALKS THAT ARE DISINTEGRATING, THE HOUSES THAT NEED PAINTING NOT BEING PAINTED. IT IS BEGINNING TO LOOK LIKE A SLUM AREA OF A LARGE CITY AND THE CODE OFFICER WHO LIVES IN THIS AREA ON EDEN STREET DRIVES BY THE TRAILERS ... ONE A BLOCK SOUTH OF HIS HOUSE HE HAS TO DRIVE BY BEEN SITTING FOR OVER A MONTH. AND YET YOU ARE WORRIED ABOUT A DOWNTOWN AREA. REALLY????????? GIVE ME A BREAK. NICE DOWNTOWN WHILE THE REST OF THE CITY FALLS DOWN CAUSE YOU CANNOT PASS ANY ORDINANCES TO HELP CLEAN UP THE CITIES SUB DIVISIONS. SAD GROUP OF POLITICIANS. City is unable to sustain what they have now why create something you can't keep the upkeep on Courtyards trees for shade and green landscaping. More nature, less man made Shared shaded area by restaurants or gathering areas Water features Fountains and outdoor eating. Similar to the village in eagle Idaho. Shaded park like areas The water features and the sitting areas Restaurant outdoor seating Art and fountain Places to gather Water fountains Chubbuck doesn't need a downtown. But nice ideas, but don't think it's worth the tax dollars. None Water feature Inner court yards bring a feeling of old Italy or France. Which I think would add and draw ppl to Chubbuck. Would promote arts Sidewalk dining, shaded courtyards, murals, water features Water features fountains, benches The whole idea is idiotic. You're trying to shoehorn a developmental concept into an established city. Not only that, but a section of the city that would be a better fit for industrial zoning, and is cut off by railroad tracks and an interstate highway. This is the WRONG place for your "downtown". No Shaded areas, water, and outdoor dining Stop wasting money!! We aren't a town that needs a "downtown". Shaded areas, courtyards, splash park for kids. Wide sidewalks. Like the water features and courtyards I love them all. Especially for the kids to play. Having a more downtown feel in chubbuck is a huge improvement No, its a waste of taxpayer funds Water Fountain I liked the large "reader" statue. (Mark Twain?) First, the location of Chubbuck downtown is strange. Second, If there is a water feature, which I love the idea of, people will want to play in it in the heat. So why not be accomadating?? Outdoor dining, court yard. Wide sidewalks that can accommodate dining. Water features and wide sidewalks for outdoor dining water features I like the interactive features outdoor courtyards The interactive water feature is a must and easy maintance if done right. The fountain in Boise City Center is an awesome centerpiece and just adds such a touch of class and fun for their public space. Water features look great! Interactive water features. Always nice for the kids to have a place for fun while parents chat. I like the idea of water features, water itself, lots of green and space. Courtyards Courtyards and open dining areas Street side dining and splash pad or pocket parks Water and interactive sculpture, etc. Definitely water features Outdoor dining and art!! Water features, art/sculptures, outdoor dining. These items bring people out and show great livability and vitality to a downtown area. Covered dining Water feature, interactive art, Open alley's. Pocket Parks with water features. I liked the fountain /splash pad with the sculpture. It's art, recreation, seating /rest space all rolled into one. inner block courtyards Interactive water features. water features All although water features are attractive we have a lot of natural water features close around us, and the initial cost and up keep is very high, I think we should find where we can save dollars instead of Outdoor, shaded dining. Water feature or area for restaurants. no Water Feature and Streams, inner block courtyards Fountain and or water features Non water feature. All it will beautify the area Water features Reflecting pool/pond Water Sidewalk dining Patio seating, pocket parks I love parks with art and water spots. They are beautiful and don't have to be huge to be enjoyable The splash pad/interactive things. Water Interactive water Water feature None Water features and shades areas to eat or hang out I like the idea of a sidewalk mixed with park/benches/water that one could stroll through and easily find food or relax. Outdoor dining, water places like splash pads etc Interactive water. Outdoor dining The court yard and little splash pad areas. Outdoor eating and music I love water areas that kids can play in, like in Utah. Unlike the one in Pocatello that don't like kids playing in them. Water features and outdoor dining are musts! Murals, shaded areas and water features. None were acceptable. None were in keeping with the local culture and certainly ugly modern art. What the heck are you guys thinking? Art spaces, interactive water, interactive features, pocket parks Water I am looking at this development from a photographers stand point. I want to have lots of different textures and colors. Having different elements would lend to quick sessions. Personally I love outdoor dinning and hearing water features. I spent many years in St. George and loved the outside eating Water Park Anything with water sidewalk dining, open alleys Great outdoor places fountain, streams and pools I love the outdoor dinning and pocket parks open and simple not a lot of clutter or busy things around Exhibit 6: Seating/Benches Survey Responses Below are the images and descriptions of different seating and bench style options for the downtown area. None of the groups were a strong favorite — the two most popular groups had "like" votes of 56% and 57%. Any composite score below 1 means more dislikes than likes. Four of the groups scored below 1. Wood, metal, or composite benches with a slight curve but no special features. i I r�BGti 1 DISLIKE 1W NEUTRAL `' LIKE W TOTAL IV WEIGHTED IV AVERAGE 1 5.65% 37.90% 58.45% 14 94 140 - Ranked #1 of 10. Plain wood or composite benches that are flat, little or no curve in the design. DISLIKE V NEUTRAL W LIKE W TOTAL S3.LV7o 43.44% 23.36% 31 106 57 = Ranked #9 of 10. Planter boxes with seating on the border. May or may not have shade. qp WEIGHTED AVERAGE 0.10 DISLIKE 23.39% 58 Ranked #4 of 10. W NEUTRAL 31.85% 79 L1KE 44.78 "!a 1Y1 W TOTAL 248 WEIGHTED AVERAGE Backless benches - people can face either direction when seated. DISLIKE W NEUTRAL 9W LIKE IV TOTAL 34.27% 3$.31% 27.42% 85 95 68 Ranked #8 of 10. Metallic benches with flat seats and flat back support, little or no decoration. WEIGHTED � AVERAGE 0.9a DISLIKE NEUTRAL LACE qr TOTAL 4228%- 2SA6% 104 70 Ranked #7 of 10. WEIGHTED AVERAGE 246 0.99 Individualized or decorative benches and seating that include an element of public art. DISLIKE 25.70% 64 Ranked #6 of 10. NEUTRAL LIKE TOTAL WEIGHTED AVERAGE 35.34% 35.96% 9$ 97 249 Coated mesh metallic benches, flat seat and back support. 1�111141 ,7-f.r--ter _ DISLIKE NEUTRAL • LIKE TOTAL WEIGHTED AVERAGE 38.96% 36.14% 24.90°10 97 90 62 249 0.86 Ranked #10 of 10. Old fashioned style with wood or composite seat and decorative wrought -iron back support. jjjjJjffft-;11 lin ONE:- DISLIKE NEUTRAL LJKE TOTAL WEIGHTED � AVERAGE 22.49% 36.14% 41,37% 56 90 103 248 Ranked #5 of 10. Modern bench design with wood, composite, or metal slats and some curve in the seat and back support. � a i DISLIKE NEUTRAL LIKE TOTAL WEIGHTED AVERAGE ivoUio %7 78x ,�`.ri actio 27 78 141 246 '.4o Ranked #2 of 10. Stylized benches that include a public art component in the back support, such as a welcome message or city logo. r Hr DISLIKE NEUTRAL LIKE TOTAL WEIGHTED AVERAGE 6A 7 35.34% 48,19% -1 - - 88 120 248 1.32 Ranked #3 of 10. Exhibit 7: Seating / Benches Comments and Suggestions Responses to the question: "Was there a certain bench or seating type (or group) above that was your favorite? Which one(s)?" I really like the images on the right in 11 and 12. #13 and #14, more accommodating for different size groups and flexible with seating direction, artsy not necessary Comfortable benches Wood seat is more comfortable than metal or stone Simple curved comfortable seating Metal benches do not require regular maintenance to keep the wood in good shape. and susceptible to vandalism. I also like the options to be seated facing either way without a back support Modern bench design with wood, composite, or metal slats and some curve in the seat and back support. Last group stylized Styilized benches Ones with the curve or back support Modern curve and planter box seating With Idaho winters, metal may be best? But it is hot in summer. So wood??? There were too many nice styles to decide! I'm practical as well as enjoy style..good quality, easy maintenance, reasonable cost, and a bit of style/uniqueness to our city would be great Again this is flawed because you can't pick one without sometimes two or three boxes lighting up You might consider the availability to place benches in honor of an individual or group No Fine art bench and planter seating. Perhaps a nod to each other to tie them together Metal seating, not in shaded areas, could get hot. The only strong opinion is I DON'T like planter boxes. Yikes. Bulky, ugly and expensive to up keep Decorative backs I really like the interactive and artistic benches. Idaho Falls has some and they are a lot of fun. However benches with backrests are also important, my favorite being the old fashioned style. I think it would be great to have both types Modern bench with back Any that included public art or welcomed people to our city Conforbale I like the curved seat with a back best. I really liked the planter seat as well if it includes a plant or tree. The ones with a stature or art of history on them Old fashion Anything with back support I liked most of them. I didn't like the one that big and bulky it looked very unsafe. Pretty neutral Number 23 Modern Simple is better Not so generic. Modern benches Old fashioned metal Seriously, this town is small. Do we really need to spend money on this? No I loved the old fashioned benches Modern Backless benches rubber coated benches.last longer Decorative back support The public art bench is an outstanding feature that many will come to enjoy, making it an attractive destination for young people to take social photos with, or visiting travelers to score a unique photo opp. The very first display of benches. Wood, metal comp. No special designs I think a mix of curved comfortable benches and player box style would be best. Not really decorative back Modern bench design with wood, composite, or metal slats and some curve in the seat and back support. The first and the traditional wood benches appear the best. I like all kinds of benches Stylized benches 19- 17 -11 Stylized benches Perhaps a few of each bench type. Back support is good. You should build a castle I think the metal benches or something like that will last longer. The ones with support Pretty neutral to suggestions Traditional benches with backs. The first I liked most of them Comfort is important. Old Fashoined style The benches that include a city logo or art, but do not cost much. A mix of ones you can face either way and ones with back support Decorative back support None The art benches. modern bench design with back support Composite / little or no upkeep and easy to clean sturdy, metalic, with back The existing railroad tracks provide more than enough seating for the brain-dead, tax -dollar -wasting, idiots involved in this project. No Again, stop wasting money. We are here because Pocatello is full. We are a town off of Pocatello and that's what we will always be. Again, stop finding things to waste money on. Be like Ammon. I like old fashion benches with public arts and the city's logo. no, this is a waste of taxpayer funds and time Wood or durable composite. Must have backs. I liked the ones that included public art. I love the individualized and decorative benches that include the element of public art. The decorative back support is my favorite. Backless benches and artistic sculpture or landmark type benches old fashion wrought iron and curved plantar box seats are my fav For a busy area, I think simple/casual things to sit on are almost more inviting and also don't limit the amount of people like a formal bench would. Flower benches Artistic seating Artistic and decorative Modern with curves and decorative back support art benches!!! Modern bench designs are my favorite. They are up-to-date and do not give off "the old downtown" feel and they show community progress of today and in the future. Not metal. Can burn in summer decorative back support, Artistic The last one I like the stylizes ones with welcome or something cut into the back. Also the public art ones that people would enjoy sitting on and/or posing with. stylized benches Nothing fancy, but ones with curved and contoured seating are necessary. Any 19&20 Backless benches. Planter No Decorative The ones that require the least amount of maintenance Curved wood or composite benches are nice Stulized benches as long as not wooden Modern -use local artist to paint them I love benches that have an artistic feel to them. It's okay to have some normal simple seating areas too but if you add in some fun artsy seating areas it gives the whole area some class The metal back onw Modern back rest ones The ones with Public Art modern I think it should match the surroundings with a variety of options and durable Any type of seating that provides back support. Art I loved the ones that had the local artist implemented into the benches No comment Metal with something unique, like Welcome to Chubbuck, or something about Chubbuck I really think the old fashioned style would bring back some classic sophistication to a downtown area. Modern with back support (pretty much anything with back support) Planter seat, backless Bench, artistic seat Artistic Modern. But wood benches are good too. Whatever is going to be the easiest to maintain. My favorite is the wood, metal, or composite benches with slight curve and no special features (: Decorative Planters and artistic ones, they serve a dual purpose and are more aesthetically pleasing Modern benches I like the modern curved and stylized with Welcome or city logo need to be those with little upkeep or maintenance to be durable and inviting to reduce costs down the road Downtown Atmosphere Where do you live? Answer Choices Chubbuck Near Chubbuck (Tyhee / Pocatello / Fort Hall) Other / prefer not to answer 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Exhibit 8: Survey Demographic Data Responses 76.02% 187 21.54% 53 2.44% 6 Answered 246 Where do you live? Chubbuck Near Chubbuck (Tyhee / Other/ prefer not to Pocatello / Fort Hall) answer ■ Responses WHERE DO YOU LIVE? Near Chubbuck Other/ prefer (Tyhee / not to answer Pocatello /Fort Hall) Chub buck Downtown Atmosphere Where do you work?This includes working from home or spending a significant amount of time volunteering or attending school/university Answer Choices Responses Chubbuck 32.65% 80 Chubbuck and other places 18.37% 45 Most or all of the time outside of Chubbuck 26.12% 64 Retired / not working at present 15.92% 39 Other / prefer not to answer 6.94% 17 Answered 245 Where do you work? 35.00 30.00 25.00% — 20.00% 15.00 10.00 ■ Responses 5.00% 0.00% Chubbuck Chubbuck and Most or all of Retired / not Other/ prefer other places the time working at not to answer outside of present Chubbuck WHERE DO YOU WORK? other/ prefer Retired / not not to answer working at present Chubbuck Most or all of the time outside of Chubbuck Chubbuck and other places Downtown Atmosphere How often do you shop, dine, or recreate in Chubbuck?Dining includes eating at, delivery, or pickup from a restaurant Answer Choices Responses Several times a week 44.72% 110 Several times a month 44.72% 110 Once a month or less 8.94% 22 Prefer not to answer 1.63% 4 Answered 246 50.00% 45.00% 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% How often do you shop, dine or recreate in Chubbuck? Several times a Several times a Once a month or Prefer not to week month less answer ■ Responses SHOP/DINE/RECREATE FREQUENCY nnro a -.nth n, Prefer not to Several times z month 45% mes a Downtown Atmosphere What is your age? Answer Choices Responses Under 25 6.10% 15 25-34 23.17% 57 35-44 28.05% 69 45-54 12.20% 30 55-64 16.67% 41 65-74 10.16% 25 75+ 1.22% 3 Prefer not to answer 2.44% 6 Answered 246 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% Under 25 25-34 35-44 45-54 55-64 65-74 75+ Prefer not to answer What is your age? ■ Responses Prefer not to AGE 75+answer Under 25 65-74 25-34 55-64 1111111 45-54 35-44 Downtown Atmosphere Please indicate your gender: Answer Choices Responses Female 51.22% 126 Male 44.72% 110 Prefer not to answer / identify as other 4.07% 10 Answered 246 Gender 60.00% 50.00% 40.00% 30.00% ■ Responses 20.00% 10.00% 0.00% Female Male Prefer not to answer/ identify as other Prefer not to answer/ GENDER identify as other 4% Female Male 0 51%