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
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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.
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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
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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?
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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
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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
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46
46
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40
40
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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
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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
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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"
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Firm Name and Address
30'-0" 80'-0"
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Project Name and Address
-EXISTING
DRIVEWAY- -EXISTING BLDG -
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Sheet
Date
Scale
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City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS
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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
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476 E Chubbuck Rd
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Kim Erickson
418 E Chubbuck Rd
ChubbucklD,83202
Land Investments
4797 Whitaker Rd
ChubbucklD,83202
Dykman Realty
446 E Chubbuck Rd
ChubbucklD,83202
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Kent Parrish
4797 Whitaker Rd
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James Forsyth
4839 Whitaker rd
ChubbucklD,83202
Alvin Perry
4797 Branson Rd
ChubbucklD,83202
City of Chubbuck
5160 Yellowstone ave
ChubbucklD,83202
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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
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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
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8/17/2020, 3:42:07 PM 1:1,953
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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
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4849 Whitaker Road 4849 Whitaker Rd 4849 Whitaker Rd
ChubbuckID 83202 ChubbuckID 83202 ChubbuckID 83202
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Chubbuck ID 83202 4895 Whitaker Rd 4895 Whitaker Rd
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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
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420 E Chubbuck Rd 146 E Chubbuck Rd 146 E Chubbuck Rd
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940 Cachina way
Pocatello ID 83202
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'146 E Chubbuck Rd
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4825 Whitaker Rd
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370 E Chubbuck Rd
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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
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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
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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
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Exhibit A
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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
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Exhibit A
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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
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Exhibit A
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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
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Exhibit A
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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]
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.)
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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
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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.
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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?
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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
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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,
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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.
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(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,
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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
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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.]
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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
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sr�
y
i (If
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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
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Siphon Interchange West Area Eligibility Report _ Page 14
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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
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$
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RPRCCPCO409DO
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$
-
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-
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RPRC00040600
3.85 S
129,483.00 S
33,63L95
$ 6,721,00 3
136,104.00 Scardino
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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
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43,493.00 S
614542-59
5 126,716-110 5
170,209-00 Thomas
RPRCTVS000301
0.36 $
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60,427.78
6 2,620,00 $
23,374.00 Findlay
11PRCRECO00101
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46,119.00 5
64.138.67
S 262,459.00 S
310,578.00 Willlams
RPRCBECWOIO2
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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
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48,247-00 $104,884.78
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RPRCMVSWNDD
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$ 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
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NORTHSIDE CROSSING - DIVISION 1
LOCATED IN THE SOUTHEAST 114 OF SECTION 34.
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NORTHSIDE CROSSING FP.D G
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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
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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.
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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
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Shaded courtyards for one or more restaurants to share.
72
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DISLIKE W NEUTRAL
14.38%
27
19.62%
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192
W TOTAL
260
WEIGHTED
AVERAGE
1.60
Pocket parks and larger areas to connect blocks, businesses, etc., that can also host medium
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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%