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HomeMy WebLinkAbout09 14 2021CHUBBUCK 1 0 H H 0 City of Chubbuck Land Use and Development Commission Regular Meeting September 14, 2021 6:00 PM City Hall Council Chambers 290 East Linden, Chubbuck, ID 83202 In-person attendance is allowed, this meeting will also be available to the public electronically or by phone. Web -conference (no webcam is necessary to participate): littps://usO2web.zoom.us/i/84355190788?pwd=aO9McVo 1 V1R 1 UUI2SHd6R2dhczBwZz09 Telephone: Dial by your location +1669 900 6833 US +1253 215 8782 US Meeting ID: 843 5519 0788 Passcode: 153396 General information on joining a Zoom meeting can be found at https://support.zoom.usi c%en- us articles 201362193--Joinin -a-Meetin . AGENDA I. CALL TO ORDER & DISCLOSURES OF CONFLICTS OF INTEREST II. APPROVAL OF MINUTES for August 10, 2021 (Action Item) III. PUBLIC HEARING 1. An application for a Change in Land Use District from Single Family Residential (R-1) to Dense Residential (R-4) on approximately 2.0 acres of land. Subject property is located on the west side of Philbin Road north of Sawtooth Street in Chubbuck, Idaho. The Comprehensive Plan Future Land Use reap designates this area as Mixed Use. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.6. Type of Action: Recommendation. (Action Item) 2. An application for a Comprehensive Plan Amendment to the Land Use Designation Map, on approximately 4.18 acres of land from Commercial and Mixed Use, to Mixed Use. Subject property is located on the north side of Quinn Rd west of Ronald St in Chubbuck, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.040.D. Type of Action: Recommendation. (Action Item) 3. An application for a Change in Land Use District from Limited Residential (R-2) to Dense Residential (R-4) on approximately 4.18 acres of land. Subject property is located on the north side of Quinn Rd west of Ronald St in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial and Mixed Use. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.B. Type of Action: Recommendation. (Action Item) 4. An application for a Comprehensive Plan Amendment to the Land Use Designation Map on approximately 21 acres of land from Commercial and Employment to Commercial, and on approximately 18 acres from Commercial and Employment to High Density Residential. Subject property is generally located on the east side of Yellowstone Avenue between Adams Street and New Day Parkway in Chubbuck, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.040.D. Type of Action: Recommendation. (Action Item) 5. An application for Initial Zoning District designation as Commercial General (C-2) on approximately 21.07 acres of land, and Dense Residential (R-4) on approximately 18.43 acres of land. Subject property is currently in the Bannock County Multiple Use Zone and is located on the east side of Yellowstone Avenue between Adams Street and New Day Parkway in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designatesthis area as Commercial and Employment. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.8. Type of Action: Recommendation. (Action Item) IV. GENERAL BUSINESS Review and Possible Approval of Arbor Court Preliminary Plat. (Action Item). (Commission will discuss the application and if it meets City code). Review and Possible Approval of Copperfield Estates Div. 6 Preliminary Plat. (Action Item). (Commission will discuss the application and if it meets City code). Review Chubbuck Impact Fee Process and Structure (Zions Public Finance will present the History and status of current impact fees) 4. Adoption of Resolution 2021-1 Harvest Springs Urban Renewal Plan. In compliance with the 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 Harvest Springs Urban Renewal Plan, adopted by the Chubbuck Development Authority on September 7, 2021, will be presented to the Commission for review and recommendations as to the plan's conformity with the City of Chubbuck's Comprehensive Plan. (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 City Clerk, Joey Bowers at 208.237.2400 at least 24 hours prior to the meeting. City of Chubbuck Land Use and Development Commission Regular Meeting CHUBBUCK Aug6:00 PM 1 0 H H 0 City Hall Council Chambers 290 East Linden, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Rebecca Berls, Brady Smith, Carrie Holm and Mike Schwartz, Staff Members Present: City Attorney Tom Holmes, Planning Manager Don Matson, Planning and Development Director Devin Hillam, and City Clerk Joey Bowers. Mendenhall called the meeting to order at 6.1 Opm due to technical difficulties. Attorney Tom Holmes felt like the City had fixed the technical difficulties sufficiently enough to continue with the meeting and asked if the meeting would be recorded. City Clerk Joey Bowers stated that the meeting would be recorded and that recording would be available in the clerk's office to the public. Mendenhall asked if any commissioners had a conflict of interest with the items before the board. None were reported. APPROVAL OF THE MINUTES: July 13, 2021. Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved to accept the meeting minutes of July 13, 2021 as emailed; Holm seconded. The full authority approved. PUBLIC HEARING I . An application for a Change in Land Use District from Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land. Subject property is in the W half of the NW '/ of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally located near the NE corner of Knudsen Blvd and Hawthorne Rd, Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial. Type of Action: Recommendation. Planning Manager Don Matson presented an application for a Change in Land Use District from Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land. Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles Ib, 17 and 18 of City Code, and recommended approval, conditional on a final recorded platted parcel. Applicant Chris Miller presented an application for a Change in Land Use District from Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land to build a multi -family development. Mendenhall opened the public hearing. There being no comment, Mendenhall closed the public hearing, bringing the meeting back to the Commission. Smith motioned to recommend approval of a Change in Land Use District from Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land to the City Council as presented, conditional upon a recorded parcel with the final plat. Schwartz seconded. With all commission members understanding the motion they voted. Roll Call Vote: Brady Smith, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Holm, Yes; Jason Mendenhall, Yes; Motion carried. GENERAL BUSINESS 1. Discussion on the Statutory Framework Governing the Decision -Making Process in Idaho. Planning and Development Director Devin Hillam went over the statutory framework governing Legislative and Quasi -Judicial decisions in Idaho. Hillam stated that the Commission can add any conditions that they feel are necessary to a conditional use permit for an application to meet the criteria within city code. If the Commission does not feel like conditions will allow an application to meet the criteria within city code they have the authority to deny an application. Berls asked if the permanent minutes could be expanded to include more of the Commission's discussion on applications. Bowers stated that he would expand the minutes to include more of the Commission's discussion. Board members can always request for information to be included in the minutes. Berls also asked what decisions are made at design review. Hillam stated that design review looks at the technical aspects of city code and if the application can be serviced by the sanitation department and emergency services. Design Review does not approve an application or make condition decisions towards a conditional use permit. Those decisions fall within the authority of the Land Use Commission and City Council. Mendenhall let the Commission know that Brandon Jackson had resigned from the Board. Mendenhall talked to Jackson and thanked him for his dedication and service to the community. Mendenhall entertained a motion to adjourn; Schwartz made the motion. Smith seconded. All voted to adjourn at 7:05pm. Jason Mendenhall, Chairperson Joey Bowers, City Clerk This meeting was available to the public electronically and by phone. Via Zoom Teleconferencing: Meeting ID: 884 7339 9294 CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us BRISCOE BUILDERS — PHILBIN ROAD APPLICATION FOR A CHANGE IN LAND USE DISTRICT (ZONING) WITH ZONING DEVELOPMENT AGREEMENT - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON SEPTEMBER 14, 2021 41111 Ji I Ji FA I.YI DESCRIPTION: An application for a Change in Land Use District from Single Family Residential (R-1) to Dense Residential (R-4) on approximately 2.0 acres of land. Subject property is located on the west side of Philbin Road north of Sawtooth Street in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.B. Type of Action: Recommendation. STAFF FINDINGS: After reviewing 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 in the MIXED USE category for land uses and development, which is supported by the all residential zoning districts (R-1, R-2, R-3, and R-4) and Limited Commercial (C-1). • The proposal includes a Zoning Development Agreement (ZDA) to restrict the land to construction of 9 residential units (4 twin home structures and 1 detached home). • Because of the size and shape of the parcel, and easements on the property, the proposed development could not meet the standards for R-2 zoning, so R-4 zoning has been requested. • The traffic impact of 9 units would not cause a significant change current traffic levels on Philbin. • Because of limited access onto Philbin Rd, single family development on this parcel would appear to be impractical. • The proposed twin homes would provide a transitional buffer between single family homes to the west and more intense development to the east. • The applicant has met City Code requirements to be heard for a change in land use district. • Staff recommends approval, with a zoning development agreement (ZDA). See additional information below and in the attached exhibits. FACTS BACKGROUND: Several years ago Limited Commercial (C-1) zoning was proposed for this parcel, but without stating an intended land use. Several people were concerned the about uncertainty of future land uses on the site and the proposal was denied. This request to change zoning on a parcel from R-1 to R-4 alters the density and types of residential uses allowed. The developer is proposing to build 8 twin homes and 1 detached home on the property, and a preliminary plat application has been filed to that affect. In recognition of neighborhood concerns in the past about uncertainties with development proposals, the developer has proposed a ZDA with the application. The ZDA will be in line with recently adopted updates to City Code allowing an agreement between the developer and the City that includes a concept plan (site plan, building elevations, density, etc.), and a construction schedule. If the owner fails to comply with the terms of the agreement the zoning on the site reverts to the previous zoning district. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT: OWNER: Briscoe Builders Construction DelTam 3 LLC 5344 Kymbal St 2042 W Falcon Point Ct Chubbuck, ID 83202 Boise, ID 83703 LOCATION: The site is on the west side of Philbin Rd, approximately 350 feet north of Sawtooth St. The site comprises Bannock County parcel number RCCPCO25589. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Single Family Res. (R-1) PROJECT SIZE: ±2 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: 1 Outbuilding SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS ON PHILBIN RD: South of Chubbuck Rd — 2018, 5,005/day; 2021, 6,896/day RECENT COUNTS ON CHUBBUCK RD: East of Philbin Rd — 2018, 6,350/day; 2021, 6,981/day NORTH: Rural 3 -acre lot with single family home, Bannock County Residential Suburban zone EAST: University Bible Church and farm acreage in the C-1 zone, and 4-plexes in the R-4 zone SOUTH: Single family home and the Grove Subdivision, R-1 zone WEST: Single family residential in the Grove Subdivision, R-1 zone SERVICES: ACCESS STREET: Philbin Rd EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, service is adjacent to property SEWAGE DISPOSAL: City of Chubbuck, sewer connection is in place PROCEDURES: 1. In accordance with City Code 18.28.050 and Resolution 2020-03, a complete petition and fees for a Change of Land Use District were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. /641-o'e\ CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at the September 14, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.010, notice of the public hearing was provided at least 15 days prior to the hearing as follows: a. Notice posted on the premises; b. Mailing to owners of property within a 300 ft. radius of the site; c. Mailing to political subdivisions providing services within the City; d. Publication in the Idaho State Journal at least 15 days prior to the hearing; e. Notices posted prominently at the City office and on webpage; and f. Notice as a Public Service Announcement distributed to other media. 4. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06. 5. Public notices and other procedures were In accordance with Idaho Code §67-6511. COMMENTS RECEIVED: As of this report, 3 comments were received in writing from the general public in opposition to the proposal (see Exhibit 5). ANALYSIS AND RECOMMENDATIONS The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend a Title Change to the Land Use (zoning) Map. See the standards for reviewing changes in Exhibit 3b. Additional information on how the proposal relates to the Comprehensive Plan can be found in Exhibit 4b below. Staff recommends approval of the zone change and ZDA. With the access limited to Philbin Rd, a principal arterial roadway, single family home development appears to be impractical. The proposed use also provides a transitional buffer between single family homes to the west and more intense development to the east. 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 LUDQ. 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 CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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: Don Matson, MSP I AICP Staff comments in this report are based solely Planning Services Manager upon evidence available at the time of the dmatson@cityofchubbuck.us 1 (208) 237-2430 report. Additional information may be brought to light at or before the hearing. DATE: September 7, 2021 EXHIBITS 1. Reference Map 2. Application and attached materials Warranty Deed and Owner Affidavits on File with Staff 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. Comments Received • Additional materials on file with staff, available upon request o Copy of warranty deed and owner affidavit o Evidence of notice CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Briscoe Builders — Exhibit 1: Philbin Rd Zone Chonge Reference Map 290 E. Linden Avenue laalrl—\ Chubbuck, ID 83202 C HUBBUC 208.237.2430 ww it ofChubbu k.us 409 1 0 1 H o 11L� TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 1 OF 4 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —APPLICANT INFORMATION Al. Name Briscoe Builders Construction A2. Mailing Address city Chubbuck State ID Zip Code 83202 A3. Phone Number (including area code) A4. Email Address 208-317-5830 dougbbuildersm1000@gmail.corr AS. Is Applicant the Owner of Record? Yes ❑✓ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B - OWNER INFORMATION (IF DIFFERENT THAN PART A) 131. Name DelTam 3 LLC 132. Mailing Address 2042 W Falcon Point Ct City State Zip Code Boise ID 83202 133. Phone Number (including area code) 134. Email Address SECTION C - SITE INFORMATION Cl. Site Address (or Location if no Address) City Zip C2. Tax Parcel #(s) Philbin Rd, E of The Grove Chubbuck 83202 RPRCCPCO25589 SECTION D - PLANNING INFORMATION D1. Gross Area D2. Comprehensive Plan Future Land Use Designation 2.0 acres Mixed Use D3. Current/Existing Land Use(s) and Structures D4. Current Zone(s) vacant land R-1 DS. Proposed Zone(s) D6. Acreage for Each Proposed Zone: R-4 2.0 acres D7. Proposed Land Use(s), if known: residential duplexes 290 E. Linden Avenue Chubbuck,ID 83202 CHUBBUCK 208.237.2430 —Fax 208.237.2409 K www.CityofChubbuck.us 10RHo TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 2 OF 4 SECTION E —SUBMITTAL REQUIREMENTS E1. Application Fees: $535 + $1.50/mailing (# 36 of mailings) = $ 589.00 total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in amendment request (if application is related to specific properties only) E4. Legal Description: May be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. E5. Conceptual Development Plan if the application is not accompanied by a plat or other use permit. E6. Provide legible responses to the following (use an additional sheet if necessary): 1. How is the proposal in the community's best interest? 2. How do the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? F1 290 E. Linden Avenue Chubbuck, ID 83202 C HUBBUC 208.237.2430 ww it ofChubbu k.us 409 i o 1 H o 11L� TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 3 OF 4 4. To you knowledge, is there anything that would prevent the site under the proposed zoning from being served by transportation routes, police, fire, EMS protection, water/sewer, schools, and other public agencies or facilities? 5. How is the proposed map amendment supported by the Chubbuck Comprehensive Plan? Please cite specific goals, objectives, and policies, including the future land use map, which relate to your proposal. SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. Signature , 4 _L) // I F2. Printed Name I F3. Date . " `" "I Stewart Ward I August 17, 2021 290 E. Linden Avenue Chubbuck,ID 83202 C HUBBUC 208.W37/v2 Cit ofChubbu k.us 409 1 0 1 H o 11[ STOP! SECTION G -FOR STAFF USE ONLY 606 G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: TITLE AMEND- MAP (REZONE) APPLICATION Aug. 2021 Form PAGE 4 OF 4 ❑ Yes ❑ No If no, list concern(s): Applicant Notified? Yes ❑ No Comments: Applicant Contacted? ❑ Yes ❑ No DIOPTRE A Company of Geomatics Professionals Doug Briscoe The Grove Twinhomes Re -Zone Narrative Prepared by Dioptra, Stewart K. Ward, PLS Doug Briscoe (Briscoe Builders Construction) and De1Tam 3 LLC are requesting to change the zone of a parcel located off Philbin Rd directly across from University Bible Church and directly east of The Grove Subdivision. The request is to change the subject parcel from R-1 to R-4. The Request is to complete a Zone change from R-1 to R-4 in conjunction with a Development Agreement for a residential duplex development with architecture similar to the proposed buildings. Answer E6.1 — The property is approx. 2.0 acres; the current zoning is R-1 and use is vacant land. The property to the North is owned by Victor Loiselle, is outside City Limits and is zoned County Residential Suburban, the property to the west is The Grove Subdivision 2nd Addition and is zoned R1, the property to the south is The Grove Subdivision and is zoned R-1. The Philbin Rd corridor is designated as a Mixed -Use area in the City Comprehensive Plan Chapter 4 with Philbin Rd being a Principal Arterial Road. This area allows for zones R-1 thru R-4, and C-1. This proposal will conform with the City Comprehensive plan and develop currently unused land that is harmonious to the surrounding uses. Answer E6.2 — The permitted uses within a R-1 zone and the permitted uses within an R-4 zone are very similar with the exception that an R-4 zone will allow for high density residential housing. The developer proposes to develop the land as single-family homes (duplexes) and is requesting to utilize the City's "Zone Change with Development Agreement" process. This method will require that the property be developed according to the approved plan, or the zone will revert back to the previous zone designation. Answer E6.3 — The proposed home will be similar height and size as the homes in the adjacent subdivision. The developer is proposing six (6) duplex type homes on the 2 -acre parcel for a total of twelve (12) units. The development across Philbin to the east recently built nine (9) 4-plex buildings on 3 acres for a total of thirty-seven (37) units. Answer E6.4 — There is nothing proposed on this site that would prevent the development under an R-4 zone to be serviced by emergency services, public utilities, schools, or transportation routes. 4880 Clover Dell 208-237-7373 Chubbuck, Idaho 83202 DIOPTRE A Company of Geomatics Professionals Answer E6.5 - The Philbin Rd corridor is designated as a Mixed -Use area in the City Comprehensive Plan Chapter 4 with Philbin Rd being a Principal Arterial Road. This area allows for zones R-1 thru R-4, and C-1. Chapter 4 Goal 1 — Direct urban growth to urban infill areas While this property is currently being vacant land, it lies within the City limits and most of the properties surrounding this parcel are currently zoned residential. This parcel could be considered an infill parcel. City utilities (water and sewer) currently exist along Philbin Rd., no extension of city utilities will be required to service this parcel. Other public utilities are currently available along Philbin Rd. Goal 2 — Improve residential neighborhoods and ensure their orderly and financially sound development This property, once developed, will be maintained by a homeowner's association that will be responsible for the maintenance of all landscaping, parking/access, and stormwater facilities. This development will widen Philbin Rd to the proposed width as defined by the Comprehensive Plan and road classification. Sidewalk will be extended north along the frontage of this development, bring walkways closer to the Philbin/Chubbuck intersection. Goal 3 — Provide convenient commercial service locations and limit their adverse impacts on transportation systems, residences, and visual integrity N/A Goal 4 — Expand light manufacturing and industry location opportunities and require the environmental sensitivity of these firms N/A Goal 5 — Encourage compatible land uses With the existing church to the east, existing residential housing to the south and west, existing high density residential housing to the east, a proposed and existing school close by, the proposed zoning will provide a natural transition from higher density residential uses to lower density residential and commercial uses. A higher -density development close to churches and schools provides residences the ability to travel between the uses easily and quickly. An R-4 zone provides the anticipated buffer between residential and commercial uses. Chapter 5 Goal 1 — Provide for safe and free-flowing traffic for all modes of transportation This development will provide additional road right-of-way along Philbin Rd that will provide the width required for future expansion of Philbin Rd. Sidewalks will be provided along all public roadways and will connect to the development to provide smooth walkable transportation to and from the development. Goal 2 — Coordinate regional transportation decisions with BPO, Bannock County, and the City of Pocatello No regional transportation is planned with this development. 4880 Clover Dell 208-237-7373 Chubbuck, Idaho 83202 Instrument: 21608708 Page:O Parcel 1 A parcel of land located in the Northeast 1/4 of Section 8, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows: Beginning at the Northeast corner of Section 8; thence South 0039'27" East along the East line of Section 8 a distance of 742.10 feet to the point of beginning; thence South 89°43'16" West 1065.58 feet; thence South 0139'27; East 109.06 feet; thence North 72°21'28" West 273.96 feet; thence South 0°14'30" West 493.86 feet to the center line of Redmond Lateral; thence South 72°11'09" East along the centerline a distance of 1396.35 feet to a point on the East line of Section 8; thence North 0°3927" West along the East line of Section 8 a distance of 952.27 feet to the point of beginning. Excepting therefrom: The Grove -Division No. 1 Subdivision, recorded plat dated July 24, 2007 as Instrument No. 20717713. T buniect _a z Property Briscoe Builders — Exhibit 3a: Philbin Rd Zone Change Current Zoning Map Sa t Chubbuck Zoning Districts Agriculture(A) * } Single Family Residential (R-1) -M1 Limited Residential (R-2) Limited Residential - P (R -2P) -J. ■ Dense Residential (R-4) Limited Commercial (C-1) 5. t General Commercial (C-2) Industrial (1) ■ Planned Unit Development (PUD) . Creative Community 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 OF CHUBBUCK MUNICIPAL CODE 18.28 LAND USE ADMINISTRATION SECTION 18.28.050.8A STANDARDS FOR APPROVING A MAP AMENDMENT POLICY 1 The proposed map amendment would be in the community's best interest. COMMENT Although a small site with only 9 units proposed, the twin homes and the detached home (shown on the draft preliminary plat) will provide some of the "missing middle housing" shortage in the region. POLICY 2 The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. COMMENT The proposed development serves as a transition between single family homes to the west and more intense development to the east. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. COMMENT Because of its size, shape, and easements on the property, the individual lots could not meet standards for the R-2 zone, so the R-4 zone is requested. The proposed product is 8 single family attached units (4 buildings), and 1 detached unit. POLICY 4 The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district. COMMENT The only access to the site is from Philbin Rd, which is an arterial roadway that is also served by a PRT bus route. Water and sewer mains are already in place on Philbin Rd, as are private utilities. City police and fire%mergency services, as well as other public agencies, provide services. With only 9 proposed units on site, it will have minimal impact on traffic, public schools, etc. POLICY 6 The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment request. COMMENT The proposal is in compliance with the Comprehensive Plan. It is in the correct Future Land Use designation area and meets other goals, objectives, and policies as outlined below. COMPREHENSIVE PLAN CHAPTER 4: LAND USE 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. 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 CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Other code and policy may be identified from State Law, City Code, or the Comprehensive Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PLAN -ZONE .-. — ... .., Plan Designation I Zoning Listnct Permitted CONVERSION TABLE MU — Mixed Use R-1, R-2. R-1 R-4, G1 (EXCERPT) COMMENT The proposal for R-4 zoning is in compliance with the plan. GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY 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 almost completely surrounded by developed land and can be considered an infill parcel. Public utilities are adjacent to property. A sewer service line and fire hydrant are in place. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted COMMENT The project is almost completely surrounded by developed land and can be considered an infill parcel. As proposed it would create a transitional density buffer between single family to the west and more intensive development to the east. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The map designates the area as Mixed Use, a category intended for future residential or limited commercial zoning POLICY b. Use a combination of zoning, performance requirements, site planning, and transportation routes to create the highest level of compatibility between adjacent uses while retaining a complementary mix of possible uses within neighborhoods and communities COMMENT Because of the size, location, and existing utility easements on-site, careful consideration was necessary for the site plan to ensure a compatible development. POLICY f. Encourage residential infill in suitable locations COMMENT The project is almost completely surrounded by developed land and can be considered an infill parcel. Public utilities are adjacent to property. A sewer service line and fire hydrant are in place. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT The developer has provided illustrations and a preliminary plat application for the future project placing the structures as for away from the single family homes as possible, and limiting them to two stories each. Other code and policy may be identified from State Law, City Code, or the Comprehensive Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Briscoe Builders — Exhibit 4a: Philbin Rd Zone Change Comprehensive Plan Future Land Use Map Exhibit 4b: Comprehensive Plan Additional Policies Relevant to the Application Staff has identified the following goals, objectives, and policies as potentially applying to this application, decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines COMMENT The site is on Philbin Rd, an arterial roadway where is minimal access points are desired. However, Philbin is the only street provided access to the property. OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT This development is not proposed to be a very high density, but it does increase the density along the bus route that serves Philbin Rd slightly. OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT Although the project site is small, the plat includes the widening of Philbin Rd and adding curb, gutter, and sidewalk. OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY a. Design new streets to connect with other streets, except where topography or existing development prevents a connection COMMENT The site is cut off from neighboring development. POLICY f. Provide pedestrian and vehicular connections between adjoining developments for new commercial, industrial, and institutional development, where possible COMMENT The site is on Philbin Rd, and the sidewalk will be included that connect to existing systems in the Grove subdivision, with some sidewalks on the other side of Philbin Rd.. POLICY g. Provide sidewalks along both sides of all public streets COMMENT The project will be on one side of Philbin Rd, however a new development across Philbin has also added sidewalk. STRATEGY a. Use streets, pedestrian ways, and connectivity development standards to ensure that streets and pedestrian ways are well connected and provide a safe environment for pedestrians COMMENT The existing sidewalks on both sides of Philbin Rd are separated from traffic by a landscape strip, and the draft plat for this project includes the same separation. /944c_\ CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHAPTER 6: COMMUNITY DESIGN GOAL 6.2 ENCOURAGE NEW DEVELOPMENT THAT IS COMPATIBLE WITH EXISTING BUILDINGS AND NEIGHBORHOODS, AND PROMOTE AND PRESERVE THE QUALITY OF RESIDENTIAL NEIGHBORHOODS OBJECTIVE 6.2.1 Use design guidelines, standards, and incentives to ensure that new infill and redevelopment are compatible with established development POLICY a. Bulk and height of the new residential infill and redevelopment projects shall be similar in scale to surrounding residential development COMMENT This small site appears to be an appropriate transition between the single family development to the west and more intense development to the east. POLICY c. Encourage the development of well -landscaped parking lots and buffer strips on major corridors COMMENT The draft plat for the site includes a landscape strip between the sidewalk and Philbin Rd. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site is within the USB. GOAL 7.5. 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 Stormwater is required to be maintained on site. POLICY :H1 development on steep slopes COMMENT The site is on former agricultural land is not on a slope. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT The site is already within city limits and is adjacent to water and sewer mains. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT The site will be served from adjacent water and sewer mains. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT The site is already within city limits and is adjacent to water and sewer mains. OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT The site is already within city limits and is adjacent to water and sewer mains. /944c_\ CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The site is being developed at a medium density and is adjacent to existing water and sewer mains and the street/sidewalk network. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY b. Require the consideration of transit access in subdivision review COMMENT The site is located on the PRT bus route serving the city. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT The proposed product is twin homes, which is a "middle housing" type between single family detached homes and multifamily development. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT The proposed development serves as a transition between single family homes to the west and more intense development to the east. Twin homes and the detached home (shown on the draft preliminary plat) will provide some of the "missing middle housing" shortage in the region. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT The proposed product is twin homes, which is a "middle housing" type between single family detached homes and multifamily development, and as such provides a middle income product. GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY a. Single-family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted POLICY b. Two-family dwellings: Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear to be a single unit COMMENT Because of its size, shape, and easements on the property, the individual lots could not meet standards for the R-2 zone, so the R-4 zone is requested. The proposed product is 8 single family attached units (4 buildings), with one detached unit. * The Comprehensive Plan includes several strategies with the policies in certain chapters. CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us September 6, 2021 City of Chubbuck Land Use and Development Commission Chubbuck City Council The purpose of this letter is to express opposition to the proposed changes in zoning that will affect my home and neighborhood. Specifically, the application for a Change in Land Use District from Single Family Residential (R-1) to Dense Residential (R-4) on approximately 2.0 acres of land located on the west side of Philbin Road north of Sawtooth Street in Chubbuck, Idaho. We are a retired couple who built a home on Sawtooth Street 7Y2 years ago_ Since that time, we have watched our neighborhood grow from a quiet residential area into a busy and often dangerous area. The traffic that came with the addition into the neighborhood of the Connor Academy has made it almost impossible to get into or out of Sawtooth Street at certain times of the day. There is traffic lined up both directions in the morning and afternoon, often from Chubbuck Road past the interstate bridge, to drop off or pick up children from the school, and people waiting in that line will not allow you to enter the road from Sawtooth. If you are trying to come home from somewhere else during those times, you are often forced to wait in long lines for 15 to 20 minutes just to get back to Sawtooth Street from either direction. Added to that is the traffic flow that occurs on Philbin Road at all times of the day, including traffic into and out of the county gravel pit, construction traffic, cement trucks from the nearby cement plant, and commuters going back and forth to Poky High. People also seem to think that Sawtooth Street is a great place to "flip a u -turn" in order to get back on Philbin Road the other direction, which is dangerous to anyone sitting on the corner trying to get onto Philbin. When Pahsimeroi Street was included in the neighborhood, the city refused to allow any other entrance into the neighborhood, so all those residents also have to use Sawtooth Street to enter or exit Philbin Road. In addition to that we now have traffic from a number of new apartment buildings right across the street, and the new housing that is planned to be built next to the Connor Academy will add to that. Since this neighborhood has no exit or entrance other than Philbin Road, and if an emergency situation occurred in the area that called for evacuation, residents would be unable to leave the area and emergency equipment would be unable to enter due to the school traffic_ If one of the older residents of the area had a medical emergency or a child was badly hurt during these peak traffic times, an ambulance wouldn't be able to get to us. We believe it is essential that these issues be addressed before any additional traffic is added by the inclusion of more dense residential zoning, and before an emergency does occur that could have been prevented by proper planning. Thank you for your attention to these concerns. Roger and Terry Cameron 1414 Sawtooth Street Chubbuck, ID 83202 RECEIVED SEP 0 7 2021 BY� September 6, 2021 City of Chubbuck Land Use and Development Commission Chubbuck City Council The purpose of this letter is to express opposition to the changes in zoning affecting my home and neighborhood. Specifically, the application for a Change in Land Use District from Single Family Residential (R-1) to Dense Residential (R-4) on approximately 2.0 acres of land located on the west side of Philbin Road north of Sawtooth Street in Chubbuck, Idaho. We live on Sawtooth Street off of Philbin Rd. I am a teacher at Irving Middle School, and leave for work at about 7:40 am. To say it is difficult to turn right onto Philbin Rd. in the morning is an understatement, and turning left is nearly impossible. Each morning I witness the traffic backed up, sometimes to the intersection of Philbin and Chubbuck Road from families trying to drop their children off at Connor Academy. My only hope in the mornings is that some nice person will let me sneak into the line, which often takes a long time to get through. Aside from the long line, many parents use Sawtooth St. to turn around after they can't turn left out of the school, backing up my line to leave, or sometimes nearly hitting me as I wait. The added traffic from the recently built fourplex apartments also adds to the chaos, as neither neighborhood has a second outlet. Aside from the busy school drop off and pickup times, Philbin Road is constantly busy with commuters, construction traffic, cement trucks from the nearby plant, county vehicles entering and exiting the gravel pit, and students traveling to and from local Middle and High Schools. If there was ever an emergency and Conner Academy and the surrounding neighborhoods had to evacuate, I'm not sure we would all make it out safely. Please consider addressing the traffic issues before you allow any more dense residential along Philbin Road. Perhaps the road could be widened and a turn lane could be put in to make the road more user friendly. I appreciate you understanding my perspective and frustration. Thank you for your time and consideration of these points. Randall and Margo LaMont 1446 Sawtooth St. Chubbuck, ID 83202 ECEIVI nR 0 7 2021 8/31/2021 Don Matson Planning Services Manager City of Chubbuck 290 E Linden Ave Chubbuck, ID 83202 RE: The subject property generally located on the west side of Philbin Road north of Sawtooth Street in Chubbuck. Mr. Matson, The neighborhood families near the proposed zoning change of the above area strongly oppose the recommendation for an application for a change in Land Use District from Single Family Residential to High Density Residential for the following reasons: - Philbin road is not sufficient to handle the increase in traffic. It is poor enough with the increased traffic from the Connor Academy and now the multiple new large two-story high- density apartments across from the proposed recommendation. The large two-story apartments should have never been built in a single-family area. - We moved out to Chubbuck to enjoy the wonderful skyline and have a view of the distant mountains. They have now been partially covered up with the newly completed large high- density two-story apartments. - This is a single-family housing area and it should stay that way. Progress is good but greed is not. - We strongly oppose to any two-story apartment complexes in this area. Having said that, we are willing to compromise if the proposed recommendation is changed to single -level apartments. However, that does not solve the issue of high-density traffic, which needs to be resolved sooner than later. - Potential negative impact to property taxes. We ask that you please forward this letter to the correct city department for consideration. We need our voices to be heard on this matter. Thank you for your help. Signed: CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us QUINN ROAD PROPOSAL TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP — STAFF REPORT THE CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON SEPTEMBER 14, 2021 SUMMARY DESCRIPTION: An application for a Comprehensive Plan Amendment to the Land Use Designation Map, on approximately 4.18 acres of land from Commercial and Mixed Use, to Mixed Use. Subject property is located on the north side of Quinn Rd west of Ronald St in Chubbuck, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.040.D. Type of Action: Recommendation. STAFF FINDINGS: After reviewing the application, Staff finds that it likely meets the requirements for an amendment to the Comprehensive Plan Future Land Use Map. The Comprehensive Plan currently designates part of this parcel as Commercial, which is supported by the General and Limited Commercial zoning districts (C-2 and C-1). The change to Mixed Use on the entire parcel would be supported by all residential zones as well as C-1. Having the rear of the property lie in the Commercial Designation Area is not comparable to the development pattern in the neighborhood. The properties along Quinn Rd have not developed commercially, and the only other access would be across the irrigation canal to Pine Ridge Mall and Gem Prep Academy property. Staff recommends approval without conditions. See additional information below and in the attached exhibits. FACTS BACKGROUND: This property, along with others along Quinn Rd, have approximately the front 60% designated as Mixed Use in the Comprehensive Plan Future Land Use Map, with the rear 40% designated Commercial. The properties have access only from Quinn Rd. An irrigation canal lies between the properties and Pine Ridge Mall/Gem Prep Academy. (See Exhibit TYPE OF APPLICATION: Legislative (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT/OWNER: G. Brandon Ratliff 4902 Burley Drive, Suite 9 Chubbuck, ID 83202 LOCATION: The property is a vacant parcel on the north side of Quinn Rd, between 1010 and 1020 Quinn Rd. CURRENT PLANNED LAND USE DESIGNATION & ZONING CURRENT LAND USE DESIGNATION PER THE COMPREHESIVE PLAN: Commercial and Mixed Use PROPOSED LAND USE DESIGNATION IN THE COMPREHESIVE PLAN: Mixed Use SITE CHARACTERISTICES AND LAND USES SIZE OF PROPOSED CHANGE: ±4.2 acres EXISTING LAND USES ON SITE: Vacant CURRENT ZONING: Limited Residential (R-2) APPROPRIATE ZONING PER PROPOSED DESIGNATION: R-1, R-2, R-3, R-4, and C-1 NORTH: Pine Ridge Mall and Gem Prep Academy across irrigation canal EAST: Single family homes SOUTH: Quinn Meadows Rehabilitation and Care Center, Heritage Home Health and Hospice offices WEST: Single family homes and Cottonwood Cove Retirement Community PROCEDURES: 1. In accordance with City Code 18.28.040 and Resolution 2020-03, a complete petition and fees for an Amendment to the Comprehensive Plan Future Land Use Map were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at the September 14, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. Copies of notices are on file with City staff. In accordance with City Code 18.28.010, notice of the public hearing was provided at least 15 days prior to the hearing as follows: a. Notice posted on the premises; b. Mailing to owners of property within a 300 ft. radius of the site; c. Notice sent to utilities and political subdivisions providing services within the City; d. Publication in the Idaho State Journal at least 15 days prior to the hearing; e. Notices posted prominently at the City office and on webpage; and f. Notice as a Public Service Announcement distributed to other media. 4. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06. 5. A plan amendment shall become effective when enacted by resolution by the City Council. COMMENTS RECEIVED: No written comments were received from the general public as of this report. ANALYSIS AND RECOMMENDATIONS The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend an Amendment to the Comprehensive Plan Future Land Use Map. See the standards for reviewing changes in Exhibit 3b. Additional information on how the proposal relates to the Comprehensive Plan can be found in Exhibit 3c below. CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Staff recommends approval of the proposal. Having the rear of the property lie in the Commercial Designation Area is not comparable to the development pattern in the neighborhood. The properties along Quinn Rd have not developed commercially, and the only other access would be across the irrigation canal to Pine Ridge Mall and Gem Prep Academy property. 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 recommend approval of 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 recommend approval of 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 recommend denial of the 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: Don Matson, MSP I AICP Planning Services Manager dmatson@cityofchubbuck.us 1 (208) 237-2430 DATE: September 7, 2021 CHUBBUCK 1 0 R H 0 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. 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us EXHIBITS 1. Reference Map 2. Application for Plan Amendment 3. Comprehensive Plan Future Land Use Map b. Standards for Reviewing an Amendment to the Comprehensive Plan c. Comprehensive Plan Policies Relevant to the Application Additional materials on file with staff, available upon request Copy of warranty deed and owner affidavit Evidence of notice CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 1: Reference Map T-7 Quinn Rd Comprehensive Plan Amendment LL nr Iv }_ F CHUBBUCK I E I H D 290 E. Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 1 OF 4 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A—APPLICANT INFORMATION Al. Name G. Brandon Ratliff A2. Mailing Address 4902 Burley Drive, Suite 9 cityChubbuck State Idaho Zip Code 83202 A3. Phone Number (including area code) A4. Email Address 208-221-4962 landquest@hotmail.com A5. Is Applicant the Owner of Record? ❑■ Yes ❑ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B — OWNER INFORMATION (IF DIFFERENT THAN PART A) 131. Name 132. Mailing Address City State Zip Code B3. Phone Number (including area code) B4. Email Address SECTION C —SITE INFORMATION Cl. Site Address (or location if no address) City Zip C2. Tax Parcel #(s) Chubbuck 83202 RPRCCPCO28902 SECTION D— PLANNING INFORMATION D7. Proposed Amendment Type(s): ❑✓ Future Land Use Designation Map from to ❑ Functional Classification Road Map from to ❑ Urban Service Boundary, explain ❑ Other, explain Ix CHUBBUCK I E I H D 290 E. Linden Ave. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 2 OF 4 SECTION E —SUBMITTAL REQUIREMENTS & DOCUMENTS E1. Application Fees: $370 + $1.50/mailing (30 # of mailings) = $ 415 total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in the amendment request E4. Legal Description and Map: Legal Description may be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. Upon review, the City may require that a legal description include additional area to include necessary roads or other connections. E5. Map showing the proposed change(s) E6. Provide legible responses to the following (use an additional sheet if necessary): 1. Why is the change required for the public convenience or necessity, or the general welfare of the community, and in the community's best interest? 2. What changes have occurred in the City or area since the Plan was adopted that make the requested amendment necessary? Ix CHUBBUCK I E I H D 290 E. Linden Ave. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 3 OF 4 3. After carefully reviewing the goals, objectives, and policies within the adopted Comprehensive Plan, including the maps, please explain how the proposed change will be aligned with said goals, policies, and objectives. 4. To your knowledge, how may the change have an impact on transportation or other public facilities and how could it impact the delivery of services by a governmental agency? Ix CHUBBUCK I E I H D 290 E. Linden Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 4 OF 4 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. F1. Signature I F2. Printed Name I F3. Date STOP: SECTION G -FOR STAFF USE ONLY AL G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: Applicant Contacted? ❑ Yes ❑ No o MU - MIXED USE p +/-18.43 AC. Z d / I � I � I � I , LEGEND EXISTING LAND USE DESIGNATION Z_ C - COMMERCIAL COMPREHENSIVE PLAN 0 60' 120' EXISTING LAND USE DESIGNATION AMMENDMENT MAP MU - MIXED USE REZONE &COMPREHENSIVE FIGURE SCALE: 1" = 60' PLAN AMMENDMENT NO. PROPOSED LAND USE DESIGNATION LANDQUEST DEVELOPMENT, LLC MU -MIXED USE CHUBBUCK, IDAHO SHEET INFORMATION � F- DRAFTER JPD REVIEWER I TLK DRAWING J -m KNUDSEN FILEPATH QUINN PROPERTY.DWG DATE DESIGNER JPD PROJECT NO. 2021020 XIIIIIIIIII ENGINEERING AUGUST -2021 A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS "PARCEL B" IN THE RECORD OF SURVEY FOR BRANDON RATLIFF, RECORDED UNDER INSTRUMENT NUMBER 21716622, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 10, BEING MARKED BY A RAILROAD SPIKE, SEE CORNER PERPETUATION INSTRUMENT NUMBER 20520373 AND 743579; THENCE SOUTH 89'58'21" EAST, ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 892.51 FEET, THENCE, LEAVING SAID SECTION LINE, NORTH 00 08'06" WEST A DISTANCE OF 25.00 FEET TO THE SOUTHWEST CORNER OF "PARCEL A" AS DESCRIBED IN SAID RECORD OF SURVEY, BEING MARKED BY A 1/2- REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341 "; THENCE SOUTH 89,5812 1 - EAST, ALONG THE SOUTH LINE OF SAID "PARCEL A", A DISTANCE OF 140.00 FEET TO THE SHARED SOUTHERLY CORNER OF SAID "PARCEL A" AND "PARCEL B", BEING MARKED BY A 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341 ", SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID "PARCEL A" THE FOLLOWING TWO (2) COURSES: 1. NORTH 00-01'39" EAST A DISTANCE OF 220.00 FEET, TO THE NORTHEAST CORNER OF "PARCEL A", BEING MARKED BY 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341" 2. SOUTH 89=51'54" WEST A DISTANCE OF 140.62 FEET TO THE NORTHWEST CORNER OF "PARCEL A", ALSO BEING A POINT ON THE EASTERLY BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO THE GOLDING FAMILY LIMITED PARTNERSHIP AS DESCRIBED IN DEED INSTRUMENT NUMBER 95001724, BEING MARKED BY 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341 "; THENCE NORTH 00 08'06" WEST, ALONG THE EAST LINE OF SAID PARCEL OF LAND, 620.49 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF LOT 1, BLOCK 1 OF THE PR2 SUBDIVISION AS DESCRIBED IN INSTRUMENT NUMBER 21615305, ALSO BEING A POINT ON THE CENTERLINE OF THE O'LEARY CANAL; THENCE SOUTH 53.35'26" EAST, ALONG SAID SOUTHERLY BOUNDARY LINE AND CENTERLINE OF THE O'LEARY CANAL, A DISTANCE OF 97.41 FEET TO THE SOUTHEAST CORNER OF SAID SUBDIVISION, ALSO BEING THE SOUTHWESTERLY CORNER OF LOT 10, BLOCK 1 OF THE PINE RIDGE MALL REP -PLAT SUBDIVISION AS DESCRIBED IN INSTRUMENT NUMBER 21708589f- THENCE 1708589; THENCE ALONG THE BOUNDARY OF SAID SUBDIVISION AND THE CENTERLINE OF THE O'LEARY CANAL THE FOLLOWING TWO (2) COURSES: 1. SOUTH 53°35'40" EAST A DISTANCE OF 75.75 FEET, 2. SOUTH 53°16'46" EAST A DISTANCE OF 188.58 FEET TO THE NORTHWEST BOUNDARY CORNER OF THE SEIBERT TRACT SUBDIVISION DESCRIBED IN INSTRUMENT NUMBER 248117; THENCE SOUTH 00 17'21" EAST, ALONG THE WEST BOUNDARY LINE OF SAID SUBDIVISION, A DISTANCE OF 624.71 FEET, TO THE SOUTHWEST BOUNDARY CORNER OF SAID SUBDIVISION, ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF SAID "PARCEL B", BEING MARKED BY A 1/2- REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341 THENCE NORTH 89`58`21" WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID "PARCEL B" A DISTANCE OF 151.69 FEET TO THE POINT OF BEGINNING. Cpl uv Z -11N CONTAINING 4.18 ACRES MORE OR LESS. h� G\ ST cc���1S O �'-13023 R e.2�0 �.TFOF P� \�v s LEGAL DESCRIPTION FOR: MU -MIXED USE LAND USE DESIGNATION REZONE & COMPREHENSIVE FIGURE PLAN AMMENDMENT NO. LANDQUEST DEVELOPMENT, LLC CHI IRRI Irk' InAH(l F__ SHEET INFORMATION KNUDSEN DRAFTER JPD REVIEWER MSB DRAWING QUINN-ZONING I• DATE DESIGNER I JPD PROJECT NO. 12021020 d FILEPATH MAPS.DWG ® ENGINEERING AUGUST -2021 MU -MIXED USE +/-4.18 AC. Iw SIN n I CN N °O I `�I0 I I 14_0._62' I S8905115411W ' I I I I Lu 0 � lo ' 010 I OIN Z O I I N00008'06"W 25.00' S89°58'21 "E _ _151.69'_ _ 9 10 S89058'21 "E 140.00' N89058'21 "W 16 15 892.51' LEGAL DISPLAY FOR: MU -MIXED USE LAND USE DESIGNATION REZONE & COMPREHENSIVE FIGURE PLAN AMMENDMENT NO. LANDQUEST DEVELOPMENT, LLC CHIIRRIICK InAHC) SHEET INFORMATION =KNUDSEN r -O DRAFTER JPD REVIEWER MSB DRAWING QUINN-ZONING DATE DESIGNER I JPD I PROJECT NO. 12021020 1FILEPATH MAPS.DWG ENGINEERING AUGUST -2021 Quinn Rd Comprehensive Plan Amendment Exhibit 3a: Future Land Use Map Exhibit 3b: Standards for Reviewing an Amendment to the Comprehensive Plan Idaho Statues and City of Chubbuck Municipal Code guide the review and amendment of the Comprehensive Plan. Specifically: 1. Idaho Code §67-65 Local Land Use Planning Chubbuck City Code Title 18, Land Use TITLE 18.28.040 COMPREHENSIVE PLAN AMENDMENT SUBSECTION D: RECOMMENDATON TO THE COUNCIL AND REQUIRED FINDINGS REVIEW A plan amendment may be approved after considering the criteria below. Affirmative findings on each of the criteria are not required to approve an amendment. CRITERIA 1 The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community's best interest. COMMENT A Commercial designation would only allow zoning changes to General Commercial (C-2) or Industrial (1). All of the properties developed along Quinn Road are residential of mixed density. The Mixed Use category appears to be the most appropriate for the properties that have split designations. CRITERIA 2 The proposed change is needed to recognize substantial changes in the actual conditions of the area or city that have occurred since the comprehensive plan was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the plan. COMMENT All of the properties developed along Quinn Road are residential of mixed density. The Mixed Use category appears to be the most appropriate for the properties that have split designations. CRITERIA 3 The proposed change will comply with the community's goals, objectives, and policies within the comprehensive plan, including its maps. COMMENT All of the properties developed along Quinn Road are residential of mixed density. The Mixed Use category appears to be the most appropriate for the properties that have split designations. There is currently a line between Mixed Use and Commercial that splits many of the properties between the categories. Future amendments would be recommended for approval along Quinn Road. CRITERIA 4 The proposed change will not place undue burden on transportation or other public facilities in the planning area and does not adversely impact the delivery of services by any political subdivision. COMMENT The proposed change will generate less traffic than most general commercial or industrial land uses. It will not adversely impact the delivery of services. TITLE 18.28.010 SCOPE; SUMMARY TABLE OF PROCEDURES SUBSECTION C: PUBLIC NOTICE HEARING REQUIREMENTS REVIEW To satisfy state and local requirements several notices in different form are required before the hearing COMMENT The various notification requirements are addressed in the Procedures section of the report. /944c-\ CHUBBUCK 1 0 0 H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 3c: Comprehensive Plan Policies Relevant to the Application The City Comprehensive Plan offers some information when considering an amendment. 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. COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DESIGNATION -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. PLAN -ZONE Pian Designation Zoning District Permitted CONVERSION TABLE LDR - Low Density Residential R -i - jingle Family Residential R-2 - Limited Residential MDR - Medium Density Residential R-2 - Limited Residential R-3 - General Residential HDR _ T iM, Tlnncinr RacirlPntia R_1 — (:Pnaral Racidpntiul R-4 - Dense Residential C — Commercial C -i - Limited Commercial C-2 - General Commercial E - Employment C-2 - General Commercial I - Industrial N41LT — Mivprl i TeP R_1 D_'7 R_`A R_d C'_i COMMENT The proposal for Mixed Use plan designation will permit the R-1, R-2. R-3, R-4, and C-1 zoning districts. Consideration should be made concerning the allowed uses in those zones. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The amendment would allow different densities of residential as well as limited commercial. The site is located on the PRT bus route serving the city. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT If it is developed as residential, the project will address some of the current housing shortage. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT This is an infill parcel and will is proposed to also be placed in a high density zoning district. Oi 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1OAH8 GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY b. Two-family dwellings: Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear to be a single unit POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The change to Mixed Use will allow a variety of housing types in the various residential zoning districts allowed CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us BRANDON RATLIFF / QUINN ROAD APPLICATION FOR A CHANGE IN LAND USE DISTRICT (ZONING) - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON SEPTEMBER 14, 2021 SUMMARY DESCRIPTION: An application for a Change in Land Use District from Limited Residential (R-2) to Dense Residential (R-4) on approximately 4.18 acres of land. Subject property is located on the north side of Quinn Rd west of Ronald St in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial and Mixed Use. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.6. Type of Action: Recommendation. STAFF FINDINGS: After reviewing 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 Commercial and Mixed Uses, and is under application to put the entire parcel in the Mixed Use designation area. The Mixed Use category is supported by the R-1, R-2, R-3, R-4, and C-1 zoning districts. • As an infill parcel new development will make better use of existing City infrastructure, as opposed to extending services. Staff recommends approval, subject to Council approval of the related Comprehensive Plan change. See additional information below and in the attached exhibits. FACTS BACKGROUND: Historically large lot residential development was the norm on the north side of Quinn Rd, with several properties having an acre or more of pasture and other agricultural uses. Over time two multi -family projects have developed immediately west of the site in question, with other PUD multi- family projects nearby, facing Hawthorne Rd. TYPE OF APPLICATION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT/OWNER: G. Brandon Ratliff 4902 Burley Drive, Suite 9 Chubbuck, ID 83202 LOCATION: The property is a vacant parcel on the north side of Quinn Rd, between 1010 and 1020 Quinn Rd. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Limited Residential (R-2) PROJECT SIZE: ±4.2 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS ON Quinn: Hawthorne to Ronald — 2018, 8,504/day; 2021, 12,576/day RECENT TRAFFIC COUNTS ON Quinn: Pine Ridge Mall access to Pile Line Rd 2018, 11,374/day NORTH: Pine Ridge Mall and Gem Prep Academy across irrigation canal; General Commercial C-2) zone EAST: Single family homes; R-2 and PUD zones SOUTH: Quinn Meadows Rehabilitation and Care Center, Heritage Home Health and Hospice offices; City of Pocatello Residential Medium Density Single Family (RMS) zone WEST: Single family homes and Cottonwood Cove Retirement Community, R-2 and PUD zones SERVICES: ACCESS STREET: Quinn Rd EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, water main in Quinn Rd SEWAGE DISPOSAL: City of Chubbuck, sewer main in Quinn Rd PROCEDURES: 1. In accordance with City Code 18.28.050 and Resolution 2020-03, a complete petition and fees for a Change of Land Use District were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at the September 14, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. Copies of notices are on file with City staff. In accordance with City Code 18.28.010, notice of the public hearing was provided at least 15 days prior to the hearing as follows: a. Notice posted on the premises; b. Mailing to owners of property within a 300 ft. radius of the site; c. Notice sent to utilities and political subdivisions providing services within the City; d. Publication in the Idaho State Journal at least 15 days prior to the hearing; e. Notices posted prominently at the City office and on webpage; and f. Notice as a Public Service Announcement distributed to other media. 4. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06. 5. Public notices and other procedures were In accordance with Idaho Code §67-6511. COMMENTS RECEIVED: No written comments were received from the general public as of this report, nor from public entities providing services within the City (see Exhibit 3b). /641-o'e\ CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ANALYSIS AND RECOMMENDATIONS The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend a Title Change to the Land Use (zoning) Map. See the standards for reviewing changes in Exhibit 3b. Additional information on how the proposal relates to the Comprehensive Plan can be found in Exhibit 4b below. Staff recommends approval of the zone change. As an infill parcel the owner could find several potential uses to propose. Each would make better use of existing City infrastructure, as opposed to extending services. Recommended Conditions: Council approval of the Comprehensive Plan amendment. 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 recommend approval of the request as described in the application materials with the following conditions: ............. (if found necessary by LUDQ. 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 recommend approval of 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 recommend denial of the 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: Don Matson, MSP I AICP Planning Services Manager dmatson@cityofchubbuck.us 1 (208) 237-2430 DATE: September 7, 2021 CHUBBUCK 1 0 R H 0 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. 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us EXHIBITS 1. Reference Map 2. Application for Zone Change 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 • Additional materials on file with staff, available upon request o Copy of warranty deed and owner affidavit o Evidence of notice /944c-\ CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 1: Reference Map Ratliff - Quinn Rd Zone Change F PO Box 5604 — 290 E. Linden laalrl—\ Chubbuck, ID 83202 C HUBBUC 208.ww 2/ Cit ofChubbu k us 409 1 0 1 H o 11L� TITLE AMEND- MAP (REZONE) APPLICATION Effective Date June 2021 PAGE 1 OF 4 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: 8-17-21 INITIALS: KK FEES PAID? Y N AMOUNT: $370 SECTION A —APPLICANT INFORMATION Al. Name G. Brandon Ratliff A2. Mailing Address city Chubbuck State Idaho Zip Code 83202 A3. Phone Number (including area code) 208-221-4962 A4. Email Address landquest@hotmail.com AS. Is Applicant the Owner of Record? �✓ Yes ❑ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B - OWNER INFORMATION (IF DIFFERENT THAN PART A) 131. Name 132. Mailing Address City State Zip Code 133. Phone Number (including area code) 134. Email Address SECTION C - SITE INFORMATION Cl. Site Address (or Location if no Address) City Zip Chubbuck 83202 C2. Tax Parcel #(s) RPRCCPCO28902 SECTION D - PLANNING INFORMATION D1. Gross Area 4.18 Acres D2. Comprehensive Plan Future Land Use Designation Mixed Use & Commercial D3. Current/Existing Land Use(s) and Structures Vacant with no structures. D4. Current Zone(s) Limited Residential (R-2) DS. Proposed Zone(s) Dense Residential (R-4) D6. Acreage for Each Proposed Zone: D7. Proposed Land Use(s), if known: High Density Residential PO Box 5604 — 290 E. Linden Chubbuck,ID 83202 HUBBUCCK 208.wwwC409 it ofChubbuckus 1 0 R H a TITLE AMEND- MAP (REZONE) APPLICATION Effective Date June 2021 PAGE 2 OF 4 SECTION E —SUBMITTAL REQUIREMENTS E1. Application Fees: $535 + $1.50/mailing (#30 of mailings) = $ 580 total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in amendment request (if application is related to specific properties only) E4. Legal Description: May be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. E5. Conceptual Development Plan if the application is not accompanied by a plat or other use permit. E6. Provide legible responses to the following (use an additional sheet if necessary): 1. How is the proposal in the community's best interest? There is a large need in the current market for affordable housing options, and development has not been able to keep up with demand. This area of the city has already had multiple higher density development built and neighbors of the subject property are already zoned R-4 Dense Residential. Our proposal allows the subject property to be developed in a similar way to neighboring properties. The community's interest would be served by having this area, which is already home to multi -family developments, be zoned R-4 rather than a different area which may not be as suited. 2. How do the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? A R-4 zoning for the subject property would blend very well with the existing uses of neighboring developments and would benefit from the presence of many shopping venues and recreational areas in the area. Future development on this property would be comparable to that of these existing developments. The property also has access to multiple arterial roads allowing for less traffic than if it were constructed on lesser roads. 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? The proposed R-4 zoning is congruent with the neighboring residential development and would be developed in a similar manner. PO Box 5604 — 290 E. Linden TITLE AMEND- MAP Chubbuck, ID 83202 CHUBBUCK 208.237.2430— Fax 208.237.2409 (REZONE) APPLICATION www.CityofChubbuck.us Effective Date June 2021 IMIA0 PAGE 3OF4 4. To you knowledge, is there anything that would prevent the site under the proposed zoning from being served by transportation routes, police, fire, EMS protection, water/sewer, schools, and other public agencies or facilities? 5. How is the proposed map amendment supported by the Chubbuck Comprehensive Plan? Please cite specific goals, objectives, and policies, including the future land use map, which relate to your proposal. SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • I am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in „process/hearing and may result in additional fees for rescheduled public hearinizs. F19n742—P6 Ae- I F2Printed N 4#' Y F3. Dat PO Box 5604 — 290 E. Linden Chubbuck,ID 83202 C HUBBUC 208.ww 2/ Cit ofChubbu k us 409 1 0 1 H o 1411[ STOP! SECTION G -FOR STAFF USE ONLY 606 G1. COMPLETENESS REVIEW: Reviewed by: Don Matson Date: Deemed complete? G2. SCHEDULED FOR LUDC: TITLE AMEND- MAP (REZONE) APPLICATION Effective Date June 2021 PAGE 4 OF 4 ❑ Yes ❑✓ No If no, list concern(s): Yes Applicant Notified? Yes ❑ No Comments: Scheduled Meeting Date: September 14, 2021 Applicant Contacted? ❑✓ Yes ❑ No STATE OF IDAHO ) :ss County of Bannock ) Name City AFFIDAVIT OF LEGAL INTEREST State Address Being first duly sworn upon Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: Name Address To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ❑ Administrative Variance ❑ Conditional Use Permit or CUP Amendment ❑ Variance ❑ Annexation & Initial Zoning Request ❑ Preliminary Plat ❑ Final Plat ❑ Comprehensive Plan Map Amendment ❑ Planned Unit Development Designation or Amendment ❑ Creative Community Designation or Amendment ❑ Title Map Amendment (Rezone) to I agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. DATED this day of , 20 Signature I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this day of 20_, personally appeared before me , known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . Given under my hand and official seal the day and last year above written, (seal) NOTARY PUBLIC - STATE OF IDAHO Residing at: Commission Expires: 0 60' 120' SCALE: 1 " = 60 I Fr.FIJn 17MEXISTING ZONING R-2 LIMITED RESIDENTIAL EXISTING ZONING R-4 DENSE RESIDENTIAL EXISTING ZONING C-2 GENERAL COMMERCIAL PROPOSED ZONING R-4 DENSE RESIDENTIAL /.4. ,r \ a DRAFT a OG = \O a/ SHEET INFORMATION DRAFTER JPD REVIEWER TLK DRAWING DESIGNER I JPD I PROJECT NO. 12021020 FILEPATH QUINN PROPERTY.DWG RE -ZONE OVERVIEW MAP REZONE &COMPREHENSIVE PLAN AMMENDMENT LANDQUEST DEVELOPMENT, LLC CHUBBUCK, IDAHO KNUDSEN ►Iiiiiiiiiiii ENGINEERING FIGURE NO. F-2 DATE AUGUST -2021 A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS "PARCEL B" IN THE RECORD OF SURVEY FOR BRANDON RATLIFF, RECORDED UNDER INSTRUMENT NUMBER 21716622, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 10, BEING MARKED BY A RAILROAD SPIKE, SEE CORNER PERPETUATION INSTRUMENT NUMBER 20520373 AND 743579; THENCE SOUTH 89 5821" EAST, ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 892.51 FEET,- THENCE, EET;THENCE, LEAVING SAID SECTION LINE, NORTH 00-08106" WEST A DISTANCE OF 25.00 FEET TO THE SOUTHWEST CORNER OF "PARCEL A" AS DESCRIBED IN SAID RECORD OF SURVEY, BEING MARKED BY A 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341 "; THENCE SOUTH 89"58'21" EAST, ALONG THE SOUTH LINE OF SAID "PARCEL A", A DISTANCE OF 140.00 FEET TO THE SHARED SOUTHERLY CORNER OF SAID "PARCEL A" AND "PARCEL B", BEING MARKED BY A 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341 ", SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID "PARCEL A" THE FOLLOWING TWO (2) COURSES: 1. NORTH 00-01'39" EAST A DISTANCE OF 220.00 FEET, TO THE NORTHEAST CORNER OF "PARCEL A", BEING MARKED BY A 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341 " 2. SOUTH 8951'54" WEST A DISTANCE OF 140.62 FEET TO THE NORTHWEST CORNER OF "PARCEL A", ALSO BEING A POINT ON THE EASTERLY BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO THE GOLDING FAMILY LIMITED PARTNERSHIP AS DESCRIBED IN DEED INSTRUMENT NUMBER 95001724, BEING MARKED BY A 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341",- THENCE 341"; THENCE NORTH 00''08'06" WEST, ALONG THE EAST LINE OF SAID PARCEL OF LAND, 620.49 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF LOT 1, BLOCK 1 OF THE PR2 SUBDIVISION AS DESCRIBED IN INSTRUMENT NUMBER 21615305, ALSO BEING A POINT ON THE CENTERLINE OF THE O'LEARY CANAL; THENCE SOUTH 53-3526" EAST, ALONG SAID SOUTHERLY BOUNDARY LINE AND CENTERLINE OF THE OLEARY CANAL, A DISTANCE OF 97.41 FEET TO THE SOUTHEAST CORNER OF SAID SUBDIVISION, ALSO BEING THE SOUTHWESTERLY CORNER OF LOT 10, BLOCK 1 OF THE PINE RIDGE MALL REP -PLAT SUBDIVISION AS DESCRIBED IN INSTRUMENT NUMBER 21708589/- THENCE 1708589; THENCE ALONG THE BOUNDARY OF SAID SUBDIVISION AND THE CENTERLINE OF THE O'LEARY CANAL THE FOLLOWING TWO (2) COURSES: 1. SOUTH 53035'40" EAST A DISTANCE OF 75.75 FEET; 2. SOUTH 53016'46" EAST A DISTANCE OF 188.58 FEET TO THE NORTHWEST BOUNDARY CORNER OF THE SEIBERT TRACT SUBDIVISION DESCRIBED IN INSTRUMENT NUMBER 248117; THENCE SOUTH 001721" EAST, ALONG THE WEST BOUNDARY LINE OF SAID SUBDIVISION, A DISTANCE OF 624.71 FEET, TO THE SOUTHWEST BOUNDARY CORNER OF SAID SUBDIVISION, ALSO BEING THE SOUTHEAST BOUNDARY CORNER OF SAID "PARCEL B", BEING MARKED BY A 1/2' REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341 THENCE NORTH 89`58'21" WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID "PARCEL B" A DISTANCE OF 151.69 FEET TO THE POINT OF BEGINNING. CONTAINING 4.18 ACRES MORE OR LESS. W-13023LEGAL DESCRIPTION FOR: 9 Q-��-21P R-4 DENSE RESIDENTIAL ZONE REZONE a COMPREHENSIVE FIGURE O F �P PLAN AMMENDMENT IN S • LANDQUEST DEVELOPMENT, LLC CHUBBUCK.IDAHO SHEET INFORMATION -� DRAFTER I JPD REVIEWER I MSB DRAWING I QUINN-ZONING ©KNUDSEN r ` © DATE DESIGNER JPD PROJECT NO. 2021020 FILEPATH MAPS.DW ENGINEERING AUGUST -2021 sss 9�4 26� s`j ° I s 1 � s I I I �I I 10 o 0 o ISO I ZI I I I 1 R-4 ZONING 1 1 +/-4.18 AC. I I 1 1 I w I ^ N 1IO I to I I 14_0._62' I S89 -51'54"W I I II LU ol0 co(DI 010 I O I N O Z I 1 I N00008'06"W I 25.00' S89°58'21 "E _ _151.69'_ _S89058'21 "E 140.00' N89°58'21 "W 16 15 892.51' NJ- f 13023 9 4.1 S LEGAL DISPLAY FOR: R-4 DENSE RESIDENTIAL ZONE REZONE & COMPREHENSIVEFIGURE PLAN AMMENDMENT NO- LANDQUEST DEVELOPMENT, LLC CHUBBUCK. IDAHO SHEET INFORMATIONKN U DSEN DATE DRAFTER JPD REVIEWER MSB DRAWING QUINN-ZONING I• DESIGNER JPD PROJECT NO. 2021020 FILEPATH MAPS.DWG ENGINEERING I AUGUST -2021 LOT 1, BLOCK 1, PR 2 SUBDIVISION INST. NO. 21615305 3' ILLEGIBLE MONUMENT FOUND 5' APPROXIMATELY 0 50' SIJTHWESTERLY OF THE CALCULATED POSITION GOLDING FAMILY LIMITED PARTNERSHIP INST. NO. 95001724 SEE RECORD OF SURVEY FOR AUTUMN # DEVELOPMENT (INST. NO- 739485) of AND o RECORD OF SURVEY FOR MONTE � GOLDING (INST. NO 97005132) OF rDAHO. HEREBY CERTIFY THAT THIS PLAT CORRECTLY REPRESENTS A 75,75' SURVEY M+AQE UNDER MY DIRECTION OF THE LANDS SW)WN HEREON IN SECTION CORNER AS NOTED CONFORMANCE WITH THE REQUIREMENTS OF CHAPTER NINETEEN, TITLE w* ��gl FIFTY-FIVE OF THE IDAHO CODE mGlNt�� E:n FOUND 114 CORNER AS NOTED GOLDING FAMILY LIMITED PARTNERSHIP INST. NO. 95001724 &Af _. - – - (SEE NOTE 1) 1 9 10 892,51' 1B 15 SOUTHWEST COINER OF SECTION 10 FOUND RAILROAD SPIKE PER CP & F INST NOS 743579 ANO 20520373. w 1 rqEli N 8°551154' E 140.62' RECORD OF SURVEY FOR: BiumimN RAniFF LOCATED IN THE SOUTHWEST 114 OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNO K COUNTY, IDAHO 'k5` LOT 10. BLOCK 1, PINE RIDGE MALL RE-PL.AT INST NO. 21708589 r o k PAR= & dL r# ACAINS 0 A" AcAW o 6 tNO CAP � 26.60' 1020 W OU INN 37.9T 5 00' CAP 0 Ff. SET ASWITNESSTO�� ACTUAL CORNER`` LOT 1 W 0 lz� - Iw LOT 2 qr +r cm w LOT 3 O BLOCK 4 - '_ x- *_ ➢1� x— %-- x- 71- 140.00' 51.fi9f' N,89'M'2*Z 291.6W i "N '36' W KR "t - Q D) S 89958'21" E 2601.94' – (NaMnf'w 2Wo W41W) wr Iii unm mm 1709-43' SEIBERT TRACT SUBDIVISION INST. NO. 248117 APP 1 RECORDS OF SURVEYS FOR MONTE GOLDING (INST. NO. 97005132) AND FOR AUTUMN DEVELOPMENT (INST. NO. 739495) REFER TO GORNER PERPETUATION AND FILING INST. NO. 806+652 FOR THE SOUTH 114 CORNER OF SECTION 10 (OR APPEAR TO). WHAT WAS FOUND AND MEASURED TO IN THESE DOCUMENTS IS A CENTERLINE MONUMENT AT THE INTERSECTION OF POLELINE ROAD WITH 0UINN ROAD. NOT THE SECTION CORNER MONUMENT. THIS DtSCREPANCY WAS FOUND AND SHOWN ON CP & F INST NO 20520374 AND LATER RE-RECORDED UNDER CP & F INST. NOS. 20612550. 20621176 AND 21510138 WITH TIES SHOWN TO THE CORRECT MONUMENT 2 THE WEST BOUNDARY LINE OF SEIBERT TRACTS WAS DETERMINED BASED ON EXISTING FENCES AS WELL AS A FOUND PIN WHOSE ORIGIN IS UNKNOWN. THIS BOUNDARY LINE APPEARS TO ENCROACH ONTO THE PARCEL TO THE WEST (LABELED AS PARCEL S ON THIS RECORD OF SURVEY) irv" CrIllimpmA fz # BEARING DISTANCE L1 L2 LffaffA D I, JAY L COR NELISON- A DULY LICENSED LANG SURVEYOR IN THE STATE 97.41' L3 OF rDAHO. HEREBY CERTIFY THAT THIS PLAT CORRECTLY REPRESENTS A 75,75' SURVEY M+AQE UNDER MY DIRECTION OF THE LANDS SW)WN HEREON IN SECTION CORNER AS NOTED CONFORMANCE WITH THE REQUIREMENTS OF CHAPTER NINETEEN, TITLE FIFTY-FIVE OF THE IDAHO CODE mGlNt�� E:n FOUND 114 CORNER AS NOTED sx 4'_m 1A 7-V FOUND 518" REIBAR WITH PLASTID CAP STAMPED &Af _. - – - O "ARJ 1026" PER RECORD OF SURVEY FOR AUTUMN d6gY L I: RN r OIV PATE DEVELOPMENT (INST NO. 7 8495) OR AS DESCRIBED o� -` FOUND 1/2" REBAR WITH NO CAP PER RECORD OF +61f "Itof 'T_ 6D SURVEY FOR MONTE GOLDING {INST NO 97005132} FOUND 112" REBAR WITH ILLEGIBLE PLASTIC CAIS STAMPED. ORIGIN UNKNOWN FOUND 518" REBAR WITH ALUMINUM OAP p STAMPED "RMES PELS 2341" PER PR2 SUBDIVISION AND RE -PLAT OF PINE RIDGE MALL CALCULATED POSITION NOTHING FOUND OR SET DET 112" REBAR WITH YELLOW PLASTIC CAP STAMPED "RMES PELS 2341" 1 " 64 0 30 60 (N FEET) 1 imh=MY BASIS F BEARING PER CITY DF POCATELLO DATUM BASED ON THE CENTRAL MErRlDIAN OF THE EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM. RFFEI EN E AMICIM " —sTS) BEADING AND DISTANCE PER SEIBERT TRACT SUBDIVISION (RECORD INST NO. 248117) I +w � � SURVEYED BOUNDARY LINES — 1 BEARING AND DISTANCE PER RECORD OF SURVEY FOR MONTE GOLDING (RECORD INST NO 97005132)(SEE NOTE 1) BEARING AND DISTANCE PER PR2 SUBDIVISION (INST. NO. 21615305) BEARING AND DISTANCE PER PINE RIDGE MALL FSE -PLAT (RECORD INST NO 21708589) prp�1 BEARING AND DISTANCE PER QUITCLAIM DEED (INST. NO. 217102006) (SEE NOTE 1) 10 15 SOUTH 114 CORNER OF SECTION 10. FOUND ITD BRASS CAP MONUMENT IN A STANDARD CITY VAULT PER ISP & F INST. NOS. 21510138, 20621176. 20520374 AND 806652 LIME TABLE # BEARING DISTANCE L1 L2 N 00"0S'06� W S 5303626" E 25,40' 97.41' L3 S 53'35'40' E 75,75' SURVEYED DIVISION LINES F-{ISTING PROPERTY LINES EXISTING O'LEARY CANAL RIGHT-OF-WAY EXTENTS C09ffiff VIIi I MIDEAR I M" I, ROBERT POLE I. CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE RECER OF THE COUNTY O SANNOCK. IDAHO ON THIS DAY OF 20 17 AT . AT THE REQUEST OF AND WAS DULY RECORDED AS 2 I I I (d1v INSTRUMENT NO. R ROBERT POLEKI, COUNTY R ORDER sL RECORD OF SURVEY FOR: mwumomnAn#FF LOCATED IN THE SOUTHWEST IM OF SECTION 10. TOVMSHIP 6 SOUTH. RANGE 34 EAST, BOISE MERIDIAN. BANNOCK COUNTY, IDAHO "' �rr�►� � �rrrrls�+�or� * P1lsrrr'risrs J yr Sm AL SIG Hyl" * MMIXAIS epl wif . OV0 57"f tO 6iGL'1 &L * P11AI hd4 AP MW 0 AVM 2344f t0 REVISIONS SURVEYED BY: JK, JE, SM 1. OFFICE WORK BY: JLC, SOB 2 FIELD BOOK NO: PROJECT NO: 17127 DATE AUGUST 2017 DRAWING,, R AZRATLIFF. BRANDONIQUINN ST. ROS - 1712A.SURVtiCAD SCALE: 1'= 60' SHEET 1 OF 1 Ratliff - Quinn Rd Zone Change Exhibit 4a: Future Land Use Map 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 OF CHUBBUCK MUNICIPAL CODE 18.28 LAND USE ADMINISTRATION SECTION 18.28.050.8A STANDARDS FOR APPROVING A MAP AMENDMENT POLICY 1 The proposed map amendment would be in the community's best interest. COMMENT The proposed change will address some of the current housing shortage in the region. The site is on an arterial road rather than a local street, and some of the neighboring and nearby parcels have similar densities or intensity as the proposed land use. POLICY 2 The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. COMMENT The requested R-4 zone allows a broad range of housing types. Some of the neighboring and nearby parcels have similar densities or intensity as the proposed land use, while other properties have single family homes. Through a good site design approved by the Design Review Committee, potential conflicts between this property and the single family homes can be minimized. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. COMMENT As an infill parcel the owner could find several potential uses to propose. Each would make better use of existing City infrastructure, as opposed to extending services. The site is on an arterial road, and some of the neighboring and nearby parcels have similar densities or intensity as the proposed land use. POLICY 4 The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district. COMMENT As an infill parcel the owner could find several potential uses to propose. Each would make better use of existing City infrastructure, as opposed to extending services. The only access to the site is from Quinn Rd, and the site is on the PRT bus route serving the City. Water and sewer mains are already in place on Quinn Rd, as are private utilities. City police and fire%mergency services, as well as other public agencies, provide services. The nearby intersection of Quinn and Hawthorne is planned to be improved/widened in the near future. POLICY 6 The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment request. COMMENT The proposal is in compliance with the Comprehensive Plan, per the proposed amendment. It is in the correct Future Land Use designation area as proposed and meets other goals, objectives, and policies as outlined below. CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 -ZONE Plan Designation Zoning District Permitted CONVERSION TABLE LDR - Low Density Residential R-1 - Single Family Residential R-2 - Limited Residential MDR - Medium Density Residential R-2 - Limited Residential R-3 - General Residential HDR - High Density Residential R-3 - General Residential R-4 - Dense Residential C - Commercial C-1 - Limited Commercial C-2 - General Commercial E - Employment C-2 - General Commercial I - Industrial MU - Mixed Use R-1, R-2, R-3, R-4, C-1 COMMENT The proposal for R-4 zoning is in compliance with the corresponding request to amend 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 parcel. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted COMMENT The project is surrounded by developed land and can be considered an infill parcel. 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 proposal for R-4 zoning is in compliance with the corresponding request to amend the Comprehensive Plan. POLICY f. Encourage residential infill in suitable locations COMMENT This is an infill parcel that is currently in the R-2 zone, and is proposed to change to R-4. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT Staff recommends that a site design and building designs be evaluated during Design Review process to encourage compatibility with adjoining parcels. Other code and policy may be identified from State Law, City Code, or the Comprehensive Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. Di 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 A H 8 Ratliff - Quinn Rd Zone Change Exhibit 3a: Current Zoning Map Exhibit 4b: Comprehensive Plan Additional Policies Relevant to the Application Staff has identified the following goals, objectives, and policies as potentially applying to this application, decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines COMMENT The project will not create a new access to Quinn Rd, but it will have more traffic than in the past OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The change would allow higher residential density on the site. It is located on the PRT bus route serving the city. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The project site is within the USB GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT Because of land costs infill sites tend to see more compact development CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT The project site is located on the PRT bus route serving the City CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT The proposed project will address some of the current housing shortage 194�0t\ CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY b. Two-family dwellings: Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear to be a single unit POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The change to R-4 will allow a variety of housing choices, focusing on various multi -family types. CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us RATLIFF — YELLOWSTONE AVE PROPOSAL TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP — STAFF REPORT THE CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON SEPTEMBER 14, 2021 SUMMARY DESCRIPTION: An application to amend the City of Chubbuck Comprehensive Plan land use designation from Commercial and Employment to Commercial on approximately 21 acres of land, and from Commercial and Employment to High Density Residential on approximately 18 acres of land. STAFF FINDINGS: After reviewing the application, Staff finds that it likely meets the requirements for an amendment to the Comprehensive Plan Future Land Use Map. The Comprehensive Plan currently designates this area as Commercial and Employment, which is supported by the Limited Commercial (C-1) and Commercial General (C-2) zones in the Commercial area, and C-2 and Industrial (1) zones in the Employment area. The change to High Density Residential would be supported by the General Residential (R-3) and Dense Residential (R-4) zoning districts. Having the east part of the site in the Employment Designation Area, allowing Industrial zoning, is not comparable to the residential development pattern in the neighborhoods to the south and east. Staff recommends approval of the amendment application. High Density Residential on part of the south and east boundaries would be more compatible to adjoining land uses, including Capell Park. See additional information below and in the attached exhibits. FACTS BACKGROUND: The subject property has been farmed for many years, as were surrounding properties. Over the years neighboring parcels have developed into single family residences, manufactured homes, four- plexes, a childcare center, and a City park. All surrounding properties, except the railroad tracks and corresponding right-of-way, have been annexed into the City. TYPE OF APPLICATION: Legislative (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: G. Brandon Ratliff 4902 Burley Drive, Suite 9 Chubbuck, ID 83202 OWNER: Keith Tanabe and Tom Ivie 2268 Sunrise Ridge Ct Henderson, NV 89052 LOCATION: The subject property is generally located on the east side of Yellowstone Avenue between Adams Street and New Day Parkway in Chubbuck, ID. The site comprises 2 Bannock County parcels, numbers R3853003000 and R3853003102. CURRENT PLANNED LAND USE DESIGNATION & ZONING CURRENT LAND USE DESIGNATION PER THE COMPREHESIVE PLAN: Commercial and Employment PROPOSED LAND USE DESIGNATION IN THE COMPREHESIVE PLAN: Commercial and High Density Residential SITE CHARACTERISTICES AND LAND USES SIZE OF PROPOSED CHANGE: ±40 acres EXISTING LAND USES ON SITE: Farm NORTH: Vacant CURRENT ZONING: Bannock County Multiple Use APPROPRIATE ZONING PER PROPOSED DESIGNATION: Commercial area C-2 and C-1, High Density Residential R-3 and R-4 EAST: Union Pacific Railroad, single family development east of railroad SOUTH: Rural property, apartments, Capell Park tennis courts WEST: Mix of uses across Yellowstone Ave, including mobile home park, apartments (approved), childcare center, single family homes and home with pasture PROCEDURES: 1. In accordance with City Code 18.28.040 and Resolution 2020-03, a complete petition and fees for an Amendment to the Comprehensive Plan Future Land Use Map were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at the September 14, 2021 Regular Meeting of the Land Use and Development Commission at a public hearing. 3. Copies of notices are on file with City staff. In accordance with City Code 18.28.010, notice of the public hearing was provided at least 15 days prior to the hearing as follows: Notice posted on the premises; Mailing to owners of property within a 300 ft. radius of the site; c. Notice sent to utilities and political subdivisions providing services within the City; d. Publication in the Idaho State Journal at least 15 days prior to the hearing; e. Notices posted prominently at the City office and on webpage; and f. Notice as a Public Service Announcement distributed to other media. 4. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06. 5. A plan amendment shall become effective when enacted by resolution by the City Council. COMMENTS RECEIVED: As of this report, 2 comments were received in writing from the general public in opposition to the proposal (see Exhibit 4). CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ANALYSIS AND RECOMMENDATIONS The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend an Amendment to the Comprehensive Plan Future Land Use Map. See the standards for reviewing changes in Exhibit 3b. Additional information on how the proposal relates to the Comprehensive Plan can be found in Exhibit 3c below. Staff recommends approval of the amendment. Having the east part of the site in the Employment Designation Area, allowing Industrial zoning, is not comparable to the residential development pattern in the neighborhood to the south and east. Amending the plan to High Density Residential on part of the south and east boundaries would be more compatible than the Employment designation. 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 recommend approval of the request as described in the application materials with the following conditions: ............. (if found necessary by LUDQ. 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 recommend approval of 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 recommend denial of the 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: Don Matson, MSP I AICP Planning Services Manager dmatson@cityofchubbuck.us 1 (208) 237-2430 DATE: September 7, 2021 CHUBBUCK 1 0 R H 0 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. 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us EXHIBITS 1. Reference Map 2. Application for Plan Amendment 3. Comprehensive Plan a. Future Land Use Map Including Proposed Change b. Standards for Reviewing an Amendment to the Comprehensive Plan c. Additional Comprehensive Plan Policies Relevant to the Application 4. Comments Received • Additional materials on file with staff, available upon request Copy of warranty deed and owner affidavit Evidence of notice CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Ratliff Yellowstone Exhibit 1: Comprehensive Plan Amendment Reference Map Ix CHUBBUCK I E I H D 290 E Linden Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN AMENDMENT APPLICATION COVER SHEET Aug. 2021 Form PAGE 1 OF 1 Comprehensive Plans are the guiding, visionary documents by which all other land use ordinances and decisions should be made. Changes to Comprehensive Plans are not taken lightly since the formation of them relied on countless hours of community input to help shape a vision for the City for coming decades but as plans age and in recognition that a community -wide plan may not have contemplated the needs and issues related to smaller local areas within the City, there is a recognition that sometimes changes need to be made. It is the applicant's responsibility, however, to make the case for why the change should be approved. The process and requirements for a Comprehensive Plan amendment are located in Chubbuck's municipal code section 18.28.040 and the process is as follows: • A complete application and fees are due at least 28 days before the desired Land Use and Development Commission meeting. The Commission meets regularly on the 2nd Tuesday of every month. • A public hearing is scheduled with the Land Use & Development Commission and notices are provided thusly: o Property is posted with a notice of public hearing sign in at least 1 location. (Map amendments only) o Notice is provided to all surrounding property owners of record within 300' from the boundaries of the site. Additional notices beyond 300' may be required by the City. (Map amendments only) o Notice is provided to agencies and utilities that serve the property or the City, generally. o Notice is posted in the Idaho State Journal. o Notice is posted on the City's website and on the City's Notice Bulletin. o Notice is provided to the media as a public service announcement. • The Commission will hold a hearing and consider the request and the facts and will make a recommendation to the City Council. • As a business item that doesn't not require a hearing, the Council will review the facts and recommendation as forwarded by the Commission and will make a decision. The review criteria that are considered by the Commission and Council are found in section 18.28.040.D. By filling out section E.5 in the application, you are able to address the criteria to make the case for the proposed change. Useful resources for filling out the application and materials: • Chubbuck GIS zoning & Comprehensive Plan map: (then click "Land Use (Zoning)": https://gis.cityofchubbuck.us/#work • Chubbuck Comprehensive Plan: https://cityofchubbuck.us/wp-content/uploads/2018/01/2002-Comprehensive- Plan.compressed.pdf If you have any questions, please do not hesitate to contact the Planning Division. CHUBBUCK I E I H D 290 E. Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 1 OF 4 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A—APPLICANT INFORMATION Al. Name G. Brandon Ratliff A2. Mailing Address 4902 Burley Drive, Suite 9 cityChubbuck State Idaho Zip Code 83202 A3. Phone Number (including area code) A4. Email Address 208-221-4962 landquest@hotmail.com A5. Is Applicant the Owner of Record? ❑ Yes ❑■ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B — OWNER INFORMATION (IF DIFFERENT THAN PART A) 131. Name Keith Tanabe & Tomi Me 132. Mailing Address 2268 Sunrise Ridge Ct. city Henderson State Nevada Zip Code 89052 133. Phone Number (including area code) 34. Email Address 323-314-1456 SECTION C —SITE INFORMATION Cl. Site Address (or location if no address) City Zip C2. Tax Parcel #(s) Chubbuck 83202 R3853003102 & R3853003000 SECTION D— PLANNING INFORMATION D7. Proposed Amendment Type(s): ❑✓ Future Land Use Designation Map from to ❑ Functional Classification Road Map from to ❑ Urban Service Boundary, explain ❑ Other, explain Ix CHUBBUCK I E I H D 290 E. Linden Ave. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 2 OF 4 SECTION E —SUBMITTAL REQUIREMENTS & DOCUMENTS E1. Application Fees: $370 + $1.50/mailing (90 # of mailings) = $ 505 total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in the amendment request E4. Legal Description and Map: Legal Description may be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. Upon review, the City may require that a legal description include additional area to include necessary roads or other connections. E5. Map showing the proposed change(s) E6. Provide legible responses to the following (use an additional sheet if necessary): 1. Why is the change required for the public convenience or necessity, or the general welfare of the community, and in the community's best interest? 2. What changes have occurred in the City or area since the Plan was adopted that make the requested amendment necessary? Ix CHUBBUCK I E I H D 290 E. Linden Ave. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 3 OF 4 3. After carefully reviewing the goals, objectives, and policies within the adopted Comprehensive Plan, including the maps, please explain how the proposed change will be aligned with said goals, policies, and objectives. 4. To your knowledge, how may the change have an impact on transportation or other public facilities and how could it impact the delivery of services by a governmental agency? Ix CHUBBUCK I E I H D 290 E. Linden Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Aug. 2021 Form PAGE 4 OF 4 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. F1. Signature I F2. Printed Name I F3. Date STOP: SECTION G -FOR STAFF USE ONLY AL G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: Applicant Contacted? ❑ Yes ❑ No LEGEND j EXISTING LAND USE DESIGNATION LDR - LOW DENSITY RESIDENTIAL EXISTING LAND USE DESIGNATION MDR - LOW DENSITY RESIDENTIAL 0 200' 400' SCALE: I"= 200' p S EXISTING LAND USE DESIGNATION C - COMMERCIAL EXISTING LAND USE DESIGNATION E - EMPLOYMENT I I I / EXISTING MIXED D U IDE USE DESIGNATION MU HDR -HIGH DENSITY RESIDENTIAL 18.43 AC. SHEET INFORMATION DRAFTER JPD I REVIEWER TLK DRAWING DESIGNER I JPD I PROJECT NO. 12021020 1 FILEPATH LEGACY PARK.DWG PROPOSED LAND USE DESIGNATION C - COMMERCIAL PROPOSED LAND USE DESIGNATION E::M HDR - HIGH DENSITY RESIDENTIAL COMPREHENSIVE PLAN AMMENDMENT MAP LEGACY PARK ANNEXATION & ZONING LANDQUEST DEVELOPMENT, LLC CHUBBUCK, IDAHO '= KNUDSEN �� ENGINEERING FIGURE NO. F-3 DATE AUGUST -2021 A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, BEING MARKED BY A ITD MONUMENT IN VAULT AS DESCRIBED IN CORNER PERPETUATION INSTRUMENT NUMBER 21111672, SAID POINT ALSO BEING THE NORTHWEST BOUNDARY CORNER OF THE PROPERTY DESCRIBED IN THE RECORD OF SURVEY DONE FOR ROY LACEY, RECORDED UNDER INSTRUMENT NUMBER 99008556, THENCE SOUTH 00'22'55" EAST, ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 3 AND THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 420.81 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 89'36'44" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 1,573.94 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 01"12'43- EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 303.58 FEET; THENCE NORTH 8936'21" WEST A DISTANCE OF 762.05 FEET; THENCE SOUTH 23040'40" WEST A DISTANCE OF 439.87 FEET; THENCE NORTH 89°36'21" WEST A DISTANCE OF 249.64 FEET; THENCE SOUTH 00°27'24" WEST A DISTANCE OF 380.00 FEET,- THENCE EET;THENCE NORTH 8936'21" WEST A DISTANCE OF 381.73 FEET TO A POINT ON THE MERIDIONAL CENTERLINE OF SAID SECTION 3; THENCE NORTH 00022'55" WEST A DISTANCE OF 1,087.50 FEET TO THE POINT OF BEGINNING. CONTAINING 21.07 ACRES, MORE OR LESS. It O � 13023 21 s �T �F OF 'S'E1N s •% LEGAL DESCRIPTION FOR: C -COMMERCIAL LAND USE DESIGNATION LEGACY PARK FIGURE ANNEXATION & ZONING NO. LANDQUEST DEVELOPMENT, LLC CHl1RRl1CK_ InAHC1 F_ SHEET INFORMATIONKN U DSEN r- I V DRAFTER JPD REVIEWER MSB DRAWING ANNEX -ZONING DATE DESIGNER JPD PROJECT NO. 2021020 1 FILEPATH MAPS.DWG ® ENGINEERING I AUGUST -2021 34 004040 3 _ N w O N N N c0 O 0 250' 500' 589`36'44"E SCALE: 1" = 250' 1,573.94' w 0o Ln N M �— O M O N C -COMMERCIAL 762.05' 21.07 AC. N89'36'21 "W - � o LnLo o ° . o N P� O O � Z 249.64' N89`36'21 "W o �r O N O M N M O O Ln 381.73' N89°36'21 "W l y� T SG RFo �G 1 023 LEGAL DISPLAY FOR: a/IIvI2) �� C -COMMERCIAL to T o F ` �P��, LAND USE DESIGNATION y S LEGACY PARK FIGURE ANNEXATION & ZONING NO. LANDQUEST DEVELOPMENT, LLC CHUBBUCK. IDAHO SHEET INFORMATION ,,,/ �� � ���� pATE� DRAFTER JPD REVIEWER MSB DRAWING ANNEX -ZONING DESIGNER I JPD I PROJECT NO. 1 2021020 1 FILEPATH MAPS.DWG ti;_:_ ENGINEERING I AUGUST -2021 A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, BEING MARKED BY A ITD MONUMENT IN VAULT AS DESCRIBED IN CORNER PERPETUATION INSTRUMENT NUMBER 21111672, SAID POINT ALSO BEING THE NORTHWEST BOUNDARY CORNER OF THE PROPERTY DESCRIBED IN THE RECORD OF SURVEY DONE FOR ROY LACEY, RECORDED UNDER INSTRUMENT NUMBER 99008556; THENCE SOUTH 00'22'55" EAST, ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 3 AND THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 420.81; THENCE SOUTH 89`3644" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 1,573.94 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 0I °12'43" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 303.58 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 01'12'43" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 784.36 FEET TO THE NORTHEAST BOUNDARY CORNER OF THE DIAMOND COURT SUBDIVISION AS DESCRIBED UNDER INSTRUMENT NUMBER 96014344; THENCE NORTH 89`-36'21" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION A DISTANCE OF 1,054.20 FEET, TO THE NORTHWESTERLY BOUNDARY CORNER OF SAID SUBDIVISION; THENCE CONTINUING NORTH 89"36121" WESTA DISTANCE OF 153.77 FEET, THENCE NORTH 00'27'24" EAST A DISTANCE OF 380.00 FEET; THENCE SOUTH 89`36'21" EAST A DISTANCE OF 249.64 FEET; THENCE NORTH 23y40'40" EAST A DISTANCE OF 439.87 FEET, THENCE SOUTH 89'36'21" EAST A DISTANCE OF 762.05 FEET TO THE POINT OF BEGINNING. CONTAINING 18.42 ACRES, MORE OR LESS. O G 13023 c. y �l104 P O F EUI/ S LEGAL DESCRIPTION FOR: HDR -HIGH DENSITY RESIDENTIAL LAND USE DESIGNATION LEGACY PARK FIGURE ANNEXATION & ZONING NO. LANDQUEST DEVELOPMENT, LLC CHIlR11l1CK_ InAHC) SHEET INFORMATION®KNUDSEN r_' ` DRAFTER JPD REVIEWER MSB DRAWING ANNEX -ZONING DATE DESIGNER I JPD PROJECT NO. 2021020 FILEPATH MAPS.DWG mim ENGINEERING AUGUST -2021 34 3 w Lo �D O N N 0 O `n S89°36'44"E 0 250' 500' SCALE: 1" = 250' 1,573.94' w 0o °o L MN O ° M O N S89036'21 "E 762.05' Q) o c+j M� ZN b - w 2J49.64' M M N 589036'21 "E HDR -HIGH DENSITY RESIDENTIAL . ° 18.43 AC. t N W V O N O N O O co M O Z 153.77' 1,054.20' N89036'21 "W N89036'21 "W �O o• 13023 LEGAL DISPLAY FOR: 'k �/(o(ZI s� HDR -HIGH DENSITY RESIDENTIAL OF �P�� LAND USE DESIGNATION S • LEGACY PARK FIGURE ANNEXATION & ZONING NO. LANDQUEST DEVELOPMENT, LLC CHUBBUCK. IDAHO SHEET INFORMATION -' � DRAFTER JPD REVIEWER MSB DRAWING ANNEX -ZONING ® DATE DESIGNER JPD PROJECT NO. 2021020 (®KNUDSEN r FILEPATH MAPS.DWG ENGINEERING AUGUST -2021 Ratliff Yellowstone Exhibit 3a: Future Land Use Map Including Proposed Change Exhibit 3b: Standards for Reviewing an Amendment to the Comprehensive Plan Idaho Statues and City of Chubbuck Municipal Code guide the review and amendment of the Comprehensive Plan. Specifically: 1. Idaho Code §67-65 Local Land Use Planning Chubbuck City Code Title 18, Land Use TITLE 18.28.040 COMPREHENSIVE PLAN AMENDMENT SUBSECTION D: RECOMMENDATON TO THE COUNCIL AND REQUIRED FINDINGS REVIEW A plan amendment may be approved after considering the criteria below. Affirmative findings on each of the criteria are not required to approve an amendment. CRITERIA 1 The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community's best interest. COMMENT Changing part of area to a residential use will help alleviate some of the high demand for housing the region and the City. The area designated for Employment would have allowed C-2 and I zoning, with structures up to 70 feet high, adjacent to a residential area, and across the railroad from another residential area. CRITERIA 2 The proposed change is needed to recognize substantial changes in the actual conditions of the area or city that have occurred since the comprehensive plan was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the plan. COMMENT The area designated for Employment would have allowed C-2 and I zoning, with structures up to 70 feet high. Since the time the plan was developed, adjacent parcels to the south, and east across the railroad, have developed with residential uses. CRITERIA 3 The proposed change will comply with the community's goals, objectives, and policies within the comprehensive plan, including its maps. COMMENT Changing part of area to a residential use will help alleviate some of the high demand for housing the region and the City. See specific goals, objectives and policies in Exhibit 3c. CRITERIA 4 The proposed change will not place undue burden on transportation or other public facilities in the planning area and does not adversely impact the delivery of services by any political subdivision. COMMENT Early developments of the parcel will have one access point on Yellowstone Ave, another on Park Lawn Ave, and potentially on access to New Day Pkwy with cooperation from the neighboring property owner. Yellowstone Ave is a state highway and is in ITD plans for widening. TITLE 18.28.010 SCOPE; SUMMARY TABLE OF PROCEDURES SUBSECTION C: PUBLIC NOTICE HEARING REQUIREMENTS REVIEW To satisfy state and local requirements several notices in different form are required before the hearing COMMENT The various notification requirements are addressed in the Procedures section of the report. CHUBBUCK 1 0 0 H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 3c: Additional Comprehensive Plan Policies Relevant to the Application The City Comprehensive Plan offers some information when considering an amendment. 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. The Comprehensive Plan currently designates this area as Commercial and Employment, which is supported by the Limited Commercial (C-1) and Commercial General (C-2) zones in the Commercial area, and C-2 and Industrial (1) zones in the Employment area. The change to High Density Residential would be supported by the General Residential (R-3) and Dense Residential (R-4) zoning districts. COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DESIGNATION -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. PLAN -ZONE Plan Designation Zoning District Permitted CONVERSION TABLE LDR - Low Density Residential R-1 - Single Family Residential R-2 - Limited Residential MDR - Medium Density Residential R-2 - Limited Residential R-3 - General Residential HDR - High Density Residential R-3 — General Residential R-4 - Dense Residential C — Commercial C-1 - Limited Commercial C-2 - General Commercial C-2 - General Commercial I - Industrial E - Employment m T — Mi—A TT R_1 R_7 R_i R_d C`_1 COMMENT The proposal for the Commercial plan designation will permit the C-1 and C-2 zoning districts. The High Density Residential plan designation will allow the R-3 and R-4 zoning districts. Consideration should be made concerning the allowed uses in those zones. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The proposed density would support transit, and a PRT bus line serves Yellowstone Ave. Water and sewer mains serve the property, which is an infill site. Oi 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1OAH8 CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT Between the 2 potential zones for the High Density Residential area (R-3 and R-4) all housing types can be permitted. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT Nearby single family homes are either across Yellowstone Ave or the Union Pacific Railroad. Yellowstone Ave serves some of those homes directly, and is a principal arterial. Park Lawn Ave to the south is a collector street and built to accommodate more traffic than a local street. The low density residential area to the east is built on local streets, but the railroad separates the area from the property in question and there will be no traffic impact. The railroad also provides a 100 feet wide right-of-way buffer between this site and the low density neighborhood. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT This parcel is considered infill, as it is surrounded by other developed/developing properties. However the price point/market rate for the potential housing cannot be determined at this point in time. GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY a. Single-family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted POLICY b. Two-family dwellings: Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear to be a single unit POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT I The proposed High Density Residential area has the potential to address each of these policies. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT The frontage of the site along Yellowstone Ave is requested to remain Commercial. lao�t_\ CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Don Matson From: Sent: To: Subject: Follow Up Flag: Flag Status: Hello Don - A Butler <annebutler2020@gmail.com> Tuesday, August 31, 2021 5:35 PM Don Matson Land use information please Follow up Completed I received notice of a land use rezone request near my home. Could you kindly send the application, mailings and any other public information about this application to me via email?I would like to review it. The property is described as "generally located on the east side of Yellowstone avenue between Adam's Street and New Day Parkway." I would describe this property as north of the old Chubbuck City Hall/now Police station. If you could point me in the right direction on where to find Chubbucks comprehensive plan that would be useful also. I would also like a copy of your staff report once completed on September 8. Thank you, Anne Butler 375 Roanoke Chubbuck, Idaho Sent from my iPhone CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. September 6, 2021 Anne Butler & Residents of Victorian Village 375 Roanoke Drive Chubbuck, ID 83202 Subject: Comprehensive Plan Amendment Issues of Legacy Park Dear Mayor England, City Council and Land Use & Development Commission, Our neighborhood received notice of plans to annex and amend the comprehensive plan for property on the southeast corner of New Day Parkway and Yellowstone Avenue to be known as Legacy Park. This property is approximately 39.66 acres extending from Yellowstone Avenue east to the railroad tracks, which abut a single-family residential subdivision known as Victorian Village. The residents of Victorian Village are opposed to the zoning changes requested in the application for several reasons thoroughly addressed below. A. Annexation a. The residents of Victorian Village are neutral in regards to the proposal to annex and develop the above -referenced property. B. Comprehensive Plan Amendment or Zoning Proposed C-2 Commercial Zoning. We are not in favor of Legacy Park's proposal for C-2 commercial zoning on 21.07 acres. It is the opinion of the residents of Victorian Village that commercial zoning is only appropriate for the portion of land that immediately parallels Yellowstone Avenue. Commercial zoning is not appropriate for the approximately 300' that extends back and abuts the single- family homes on Pocano Street, Hampton Avenue, and near Jerry Rowland Park. We believe the commercial zoning, as currently proposed, will negatively impact the value and integrity of our subdivision. We request this 300' proposed as C-2 be denied and instead be zoned R-1 or R-2 along the eastern border of this property abutting our subdivision. We are also requesting that proper privacy screening be required along the eastern border of the property, as well as a 100' buffer with trees planted every 30', and a maximum 2 -story height restriction. b. Proposed R-4 Residential Zoning. We are not in favor of Legacy Park's proposal for R-4 high density zoning on 18.42 acres. R-4 zoning is not appropriate for this area as the majority of the surrounding residential area is R-1 and R-2 to the east. We request the proposed R-4 zoning be denied and instead be zoned as R-1 or R-2, including proper privacy screening, a 100' buffer with trees planted every 30', greenspace such as a park, and a maximum 2 -story height restriction. We acknowledge high-density zoning to the south of this application along with Capell Park. Compare the development of Diamond Court Apartments (built in the 1990s) with the current trend in high density building. The Diamond Court Apartments have wider streets, a common area with playground, exercise room, community room and laundry facility. Even more striking is the ample green space between units and in the front yard. They are well maintained and aesthetically pleasing from the view of our subdivision. This complex is also several hundred feet from the common property line (tennis courts and parking lot between us). Current high- density construction includes narrow roads, minimal front, rear or side green space and generally box shaped. There is nothing architecturally appealing or attractive about these buildings. These may be design standard issues but they are a factor in our request for less density near our subdivision of single-family residential homes. Below is a list of just a few of the new developments in the Chubbuck/North Pocatello area. With so many other new developments, any further R-4 high density zoning in this area is unnecessary. • Pheasant Ridge Apartments • Antler Ridge Apartments (534 E. Chubbuck Road) • New subdivision off Whitaker near the tracks (currently under construction) • Mountain West Patio Apartments between Hawthorne Road and Quinn • Large 3 story apartment complex off Hawthorne Road near the Mall • Apartments off Quinn constructed by Morris Construction • Sawtooth Ridge Apartments off Quinn constructed by Spring Creek • Avalon Park Apartments behind Tastee Treet • The Falls constructed by Gate City Builders near Tastee Treet • Apartments on the northwest corner of New Day Parkway and Yellowstone • Massive amounts of Northgate development apartments visible from East Chubbuck Road If this property were to be zoned as R-4 high density residential, surrounding property values will decrease, schools will become over -crowded, and noise and traffic will most certainly increase. Most of the homes in Victorian Village are ranch -style, 1 -story, custom homes with values of $350,000 to $550,000. The Canterbury and Whitaker neighborhoods to the east have home values of $400,000 to $850,000. R-4 zoning next to R-1 and R-2 zoning is not appropriate, considering this will likely include 2 -story, 3 -story, and/or box style four-plex units. We ask that when amending the comprehensive plan, this property be zoned with less density across the rear of the property near our subdivision. We enjoy living and working in this community and the amenities provided. Your consideration is appreciated. Respectfully, Victorian Village Residents Anne Butler, 375 Roanoke Drive Hershell & Erica Cummings, 384 Roanoke Drive Travis & Tandy Day, 385 Roanoke Drive Jay & Kristi Borgholthaus, 395 Roanoke Drive Bryan & Carol Kelsey, 404 Roanoke Drive Paul & Janelle Romriell, 414 Roanoke Drive Austin & Lynsey Walje, 423 Roanoke Drive Brad & Elizabeth Demuzio, 433 Roanoke Drive David & Gloria Stoker, 434 Roanoke Drive Malia & Tim Empasis, 443 Roanoke Drive Andrea Buck -Baker, 453 Roanoke Drive Steve & Jan Merrill, 364 Roanoke Drive Nash & Heather Johnson, 374 Roanoke Drive Teresa Caudill, 375 Roanoke Drive Brian Payne, 376 Chesapeake Avenue Nolan Jacobs, 367 Chesapeake Avenue Trent Merica, 386 Chesapeake Avenue Joel Benson, 412 Chesapeake Avenue Josh Johnston, 422 Chesapeake Avenue Rose Johnson, 368 Pocano Street Kenny Maynard, 369 Pocano Street Christy & Brian Burnham, 389 Pocano Street Tim Young, 398 Pocano Street Kathy, Blythe, 418 Pocano Street Jordon Miles, 438 Pocano Street Haley Taylor, 438 Pocano Street Kam Farnsworth, 448 Pocano Street Steve & Kerri Farnsworth, 439 Pocano Street Randy & Shari Kress, 5542 Delaware Street Aaron & Tiffany Hall, 415 Hampton Avenue Chad & Janelle Tolman, 405 Hampton Avenue David & Teresa Daigle, 456 Hampton Avenue Justin Larson, 453 Hampton Avenue Joan Barney, 445 Hampton Avenue Otto Anderson, 455 Hampton Avenue Cay Lewis, 5470 Shenandoah Drive CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us RATLIFF — YELLOWSTONE AVE APPLICATION FOR INITIAL ZONING DESIGNATION - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON SEPTEMBER 14, 2021 SUMMARY DESCRIPTION: An application to amend the City of Chubbuck Comprehensive Plan land use designation from Commercial and Employment to Commercial on approximately 21 acres of land, and from Commercial and Employment to High Density Residential on approximately 18 acres of land. STAFF FINDINGS: After reviewing the application, Staff finds that it likely meets the requirements for placement in the Land Use District. • The Comprehensive Plan currently designates this area as Commercial and Employment, which is supported by the Limited Commercial (C-1) and Commercial General (C-2) zones in the Commercial area, and C-2 and Industrial (1) zones in the Employment area. The property is under application to change the designation from Commercial and Employment to Commercial and High Density Residential. High Density Residential is supported by the General Residential (R-3) and Dense Residential (R-4) zoning districts. • The proposal is to place +21.07 acres in the C-2 zone, and +18.43 acres in the R-4 zone. See exhibits 2 and 3a. • Zoning districts and intensity of development are comparable to adjacent properties, except to the east, which is separated from this site by the railroad right-of-way. • Staff recommends approval of the request with the conditions that City Council approve the Comprehensive Plan amendment and transition issues are addressed in the Design Review process. See additional information below and in the attached exhibits. FACTS BACKGROUND: The subject property has been farmed for many years, as were surrounding properties. Over the years neighboring parcels have developed into single family residences, manufactured homes, four- plexes, a childcare center, and a City park. All surrounding properties, except a parcel to the south and the railroad right-of-way, have been annexed into the City. TYPE OF APPLICATION: Legislative (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: G. Brandon Ratliff 4902 Burley Drive, Suite 9 Chubbuck, ID 83202 OWNER: Keith Tanabe and Tom Ivie 2268 Sunrise Ridge Ct Henderson, NV 89052 LOCATION: The subject property is generally located on the east side of Yellowstone Avenue between Adams Street and New Day Parkway in Chubbuck, ID. The site comprises 2 Bannock County parcels, numbers R3853003000 and R3853003102. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Multiple Use PROJECT SIZE: ±39.66 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None EXISTING USE: Farm SURROUNDING LAND USES AND ZONING NORTH: Vacant, C-2 zone RECENT TRAFFIC COUNTS ON YELLOWSTONE AVE: South of New Day Parkway — 2020, 10,719/day; 2021, 10,492/day North of Park Lawn Ave — 2015, 10,909/day; 2019, 11,953/day RECENT TRAFFIC COUNTS ON PARK LAWN DR: 2016, 2,140/day; 2020, 1,986/day EAST: Union Pacific Railroad, single family development east of railroad; R-1 and R-2 zones SOUTH: Apartments, Capell Park tennis courts, and a rural property not in city limits; R-4 zone on properties within city limits, Bannock County Multiple Use on property not in city limits WEST: Mix of uses across Yellowstone Ave, including mobile home park, apartments (approved), childcare center, single family homes and home with pasture; C-2 (all City parcels fronting Yellowstone in the immediate area are in the C-2 zone) SERVICES: ACCESS STREET: Yellowstone Ave and Park Lawn Dr EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, water main is on the west side of Yellowstone Ave, water also nearby in Diamond Court Apartments/Park Lawn Ave SEWAGE DISPOSAL: City of Chubbuck, sewer main is on the east side of Yellowstone, mains also nearby in Diamond Court Apartments/Park Lawn Ave PROCEDURES: 1. In accordance with City Code 18.28.050 and Resolution 2020-03, a complete petition and fees for a Change of Land Use District were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at the date Regular Meeting of the Land Use and Development Commission at a public hearing. 3. Copies of notices are on file with City staff. In accordance with City Code 18.28.010, notice of the public hearing was provided at least 15 days prior to the hearing as follows: a. Notice posted on the premises; b. Mailing to owners of property within a 300 ft. radius of the site; 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 R H 0 c. Notice sent to utilities and political subdivisions providing services within the City; d. Publication in the Idaho State Journal at least 15 days prior to the hearing; e. Notices posted prominently at the City office and on webpage; and f. Notice as a Public Service Announcement distributed to other media. 4. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06. 5. Public notices and other procedures were In accordance with Idaho Code §67-6511. COMMENTS RECEIVED: Two written comments were received from the general public in opposition to the comprehensive plan amendment related to this proposal. They are included with the report for the proposed amendment. ANALYSIS AND RECOMMENDATIONS The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent land owners to recommend a Title Change to the Land Use (zoning) Map. See the standards for reviewing changes in Exhibit 3c. Additional information on how the proposal relates to the Comprehensive Plan can be found in Exhibit 4b below. Staff recommends approval of the Initial Zoning District requests. Commercial zoning on the west and north are the same as adjacent zoning. Dense Residential zoning to the south is the same as this proposal. To the east the railroad acts as a buffer between the low density development and the proposed dense residential and general commercial development. The Design Review process can address transitions, such as fencing, lighting, and landscaping to minimize impacts between the two. Recommended Conditions: Transitions between high and low residential densities be addressed in the Design Review process. 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 recommend approval of the request as described in the application materials with the following conditions: ............. (if found necessary by LUDQ. 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 recommend approval of 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 CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us recommend denial of the 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: Don Matson, MSP I AICP Staff comments in this report are based solely Planning Services Manager upon evidence available at the time of the dmatson@cityofchubbuck.us 1 (208) 237-2430 report. Additional information may be brought to light at or before the hearing. DATE: September 7, 2021 FXHIRITC 1. Reference Map 2. Application for Initial Zone Designation 3. Zoning and Land Use a. Current Zoning Map b. Current Zoning Map with Proposed Initial Zoning c. Standards for Reviewing a Change/Placement in Land Use District 4. Comprehensive Plan a. Future Land Use Map Including Proposed Change b. Additional Policies Relevant to the Application • Additional materials on file with staff, available upon request o Copy of warranty deed and owner affidavit o Evidence of notice o Comments received regarding the proposed Comprehensive Plan amendment CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Rotliff-Yellowstone Exhibit 1: Initial Zoning Reference Map PO Box 5604 — 290 E Linden Chubbuck, ID 83202 C HUBBUC 208.ww 2/ Cit ofChubbu k us 409 1 o 1 H o 11L� ANNEXATION APPLICATION COVER SHEET June 2021 Form PAGE 1 OF 1 When applying for an annexation, you also must apply for an initial zoning designation. Importantly, you will need to determine which zoning district designation(s) you would like your property to receive upon annexation. For most properties, there are several eligible zoning districts per the Comprehensive Plan's District -Zone District Conversation Chart. Plan Designation Zoning District Permitted LDR- Low Density Residential R-1 Single Family Residential R-2 Limited Residential MDR- Medium Density Residential R-2 Limited Residential R-3 General Residential HDR- High Density Residential R-3 General Residential R-4 Dense Residential C- Commercial C-1 Limited Commercial C-2 General Commercial E- Employment C-2 General Commercial I Industrial MU- Mixed Use R-1, R-2, R-3, R-4, C-1 Planned Unit Development and Creative Community zoning districts may be permitted anywhere in the City when the requirements of each are satisfied. It is important to note that although properties may be eligible for certain zoning districts under the conversation chart, it does not mean that there is an entitlement to any of the zoning districts listed under their corresponding plan designation area. When reviewing a zone change application, the City Council carefully reviews the characteristics of the site and its surrounding area to determine which zoning district is best to ultimately assign a property. For example, although a property in the MU- Mixed Use area may be eligible for any of the residential zones and the C-1 zone, the Council may determine that only an R-1 or R-2 zone is appropriate on the site. A full list of criteria considered by the City Council when making a zoning decision is found in section 18.28.050.13.8 of Chubbuck municipal code. As you work through the application, it is your burden of proof to address the above criteria to "make your case" as to why the zone you desire meets the decision making criteria referenced above. Useful resources for filling out the application and materials: • Chubbuck GIS zoning & Comprehensive Plan map: (then click "Land Use (Zoning)": https://gis.cityofchubbuck.us/#work Chubbuck Comprehensive Plan: https://cityofchubbuck.us/wp-content/uploads/2018/01/2002-Comprehensive- Plan.compressed.pdf If you have any questions, please do not hesitate to contact the Planning Division. PO Box 5604 — 290 E. Linden Chubbuck, ID 83202 C HUBBUC 208.237.243 k us 409 1 13 1 H o 1�(� INITIAL ZONING APPLICATION June 2021 Form PAGE I OF 4 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —APPLICANT INFORMATION Al. Name G. Brandon Ratliff A2. Mailing Address 4902 Burley Drive, Suite 9 City Chubbuck State Idaho Zip code 83202 A3. Phone Number (including area code) A4. Email Address 208-221-4962 landquest@hotmail.com A5. Is Applicant the Owner of Record? Yes Q No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B - OWNER INFORMATION (IF DIFFERENT THAN PART A) 131. Name Keith Tanabe & Tomi Ivie B2. Mailing Address 2268 Sunrise Ridge Ct. city Henderson State Nevada Zip Code 89052 33. Phone Number (including area code) 34. Email Address 323-314-1456 SECTION C - SITE INFORMATION Cl. Site Address (or location if no address) City Zip C2. Tax Parcel #(s) Chubbuck 83202 R3853003102 & R3853003000 SECTION D— PLANNING INFORMATION D1. Gross Area D2. Comprehensive Plan Future Land Use Designation(s) +/- 39.66 acres Commercial & Employment D3. Current/Existing Land Use(s) & Structures D4. Current Zone(s) Agriculture with no structures present. Multiple Use (Bannock County Zoning Designation) D5. Proposed Zone(s) D6. Acreage for Each Proposed Zone: C-2 & R-4 C-2 (21.07) & R-4 (18.43) D7. Proposed Land Use(s), if known: SECTION E—SUBMITTAL REQUIREMENTS & DOCUMENTS PO Box 5604 — 290 E. Linden Ix Chubbuck,ID 83202 C HUBBUC 208.237.243 k us 409 I n I H o 1�(� INITIAL ZONING APPLICATION June 2021 Form PAGE 2 OF 4 E1. Application Fees: $535 + $1.50/mailing ( 90 # of mailings) = $ 670 total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in initial zoning request E4. Legal Description and Map: Legal Description may be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. If the annexation is required to encompass some roadway or right-of-way as per the annexation, a different legal description may be required. E5. Map showing the proposed zone(s) (Note: if more than one zone is proposed, a complete legal description for each area is required and must follow parcel boundaries.) E6. Submitted with a complete Annexation Application ET Provide legible responses to the following (use an additional sheet if necessary): 1. How do you believe that the proposed zoning is in the community's best interest? 2. How do you believe the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? PO Box 5604 — 290 E. Linden lay'-elx Chubbuck,ID 83202 CHUBBUCK 208.237.2430 —Fax 208.237.2409 www.CityofChubbuck.us I n R H o INITIAL ZONING APPLICATION June 2021 Form PAGE 3 OF 4 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? 4. To your knowledge, is there anything that would prevent the site under the proposed zoning from being served by transportation routes, police, fire, EMS protection, water/sewer, schools, and other public agencies or facilities? 5. How do you believe the proposed zoning supported by the Chubbuck Comprehensive Plan? Please cite specific goals, objectives, and policies, including the future land use map, which relate to your proposal. �L CHUBBUCK ICIIIIIII] PO Box 5604 — 290 E. Linden Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us INITIAL ZONING APPLICATION June 2021 Form PAGE 4 OF 4 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. Fl. 'gnat F2. Printed al� � ` F3. Date�2/�� < u/ STOP: SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? Yes No If no, list concern(s): Applicant Notified? Yes No Comments: G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: Applicant Contacted? Yes No NEW DA Y PARKWA Y CHESAPEAKE A VENUE CALLA WAYDRIVE SHEET INFORMATION DRAFTER JPD I REVIEWER TLK DRAWING DESIGNER I JPD I PROJECT NO. 12021020 1 FILEPATH LEGACY PARK.DWG ZONING OVERVIEW MAP LEGACY PARK ANNEXATION & ZONING LANDQUEST DEVELOPMENT, LLC CHUBBUCK, IDAHO '= KN U DSEN AIiiiiiiiii ENGINEERING FIGURE NO. F-2 DATE AUGUST -2021 LEGEND EXISTING ZONING R-1 SINGLE FAMILY RESIDENTIAL EXISTING ZONING R-2 LIMITED RESIDENTIAL POCANO STREET EXISTING ZONING R-4 DENSE RESIDENTIAL EXISTING ZONING C-1 LIMITED COMMERCIAL EXISTING ZONING C-2 GENERAL COMMERCIAL EXISTING ZONING I - INDUSTRIAL EXISTING ZONING CREATIVE COMMUNITY PROPOSED ZONING C-2 GENERAL COMMERCIAL ROANOKE DR/VE PROPOSED ZONING R-4 DENSE RESIDENTIAL CHESAPEAKE A VENUE CALLA WAYDRIVE SHEET INFORMATION DRAFTER JPD I REVIEWER TLK DRAWING DESIGNER I JPD I PROJECT NO. 12021020 1 FILEPATH LEGACY PARK.DWG ZONING OVERVIEW MAP LEGACY PARK ANNEXATION & ZONING LANDQUEST DEVELOPMENT, LLC CHUBBUCK, IDAHO '= KN U DSEN AIiiiiiiiii ENGINEERING FIGURE NO. F-2 DATE AUGUST -2021 A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, BEING MARKED BY A ITD MONUMENT IN VAULT AS DESCRIBED IN CORNER PERPETUATION INSTRUMENT NUMBER 21111672, SAID POINT ALSO BEING THE NORTHWEST BOUNDARY CORNER OF THE PROPERTY DESCRIBED IN THE RECORD OF SURVEY DONE FOR ROY LACEY, RECORDED UNDER INSTRUMENT NUMBER 99008556,- THENCE 9008556; THENCE SOUTH 00'22'55" EAST, ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 3 AND THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 420.81 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 89-36:44" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 1,573.94 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, THENCE SOUTH 0112'43" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 303.58 FEET; THENCE NORTH 89°36'21" WEST A DISTANCE OF 762.05 FEET; THENCE SOUTH 23`40'40" WEST A DISTANCE OF 439.87 FEET; THENCE NORTH 89'36'21" WEST A DISTANCE OF 249.64 FEET; THENCE SOUTH 00`27124" WEST A DISTANCE OF 380.00 FEET; THENCE NORTH 89`3621" WEST A DISTANCE OF 381.73 FEET TO A POINT ON THE MERIDIONAL CENTERLINE OF SAID SECTION 3, THENCE NORTH 00°22'55" WEST A DISTANCE OF 1,087.50 FEET TO THE POINT OF BEGINNING. CONTAINING 21.07 ACRES, MORE OR LESS. S r CL 130230 O F 'yE1N s LEGAL DESCRIPTION FOR: C-2 GENERAL COMMERCIAL ZONE LEGACY PARK FIGURE ANNEXATION & ZONING NO. IANDQUEST DEVELOPMENT, LLC CHl1RRUCK. InAHC) SHEET INFORMATION ���� KNUDSEN r o R M DRAFTER JPD REVIEWESB DRAWING ANNEX -ZONING DATE DESIGNER I JPD PROJECT NO. 12021020 FILEPATH MAPS.DWG �_�' ENGINEERING AUGUST -2021 34 O N 3 LU Lo N 0 O `n S89 36'44"E 0 250' 500' SCALE: 1" = 250' 1,573.94- w co M Lo v N co O co N C-2 ZONING 762.05` 21.07 AC. N89°36'21 "W Lo ° o N OO 00 °� �ry� Z 249.64' N89 3621 "W o �r O C�1 O co N M O O U0 381.73' N89'36'21 "W �y T fRF��G 13023 � 9 (o LEGAL DISPLAY FOR: C-2 GENERAL COMMERCIAL ZONE 5 • LEGACY PARK FIGURE ANNEXATION & ZONING NO. LANDQUEST DEVELOPMENT, LLC C'HURRUC-K IDAHO SHEET INFORMATION � .. NUDSEN DRAFTER JPD REVIEWER MSB DRAWING ANNEX -ZONING - - 1 DATE DESIGNER JPD PROJECT NO. 2021020 FILEPATH MAPS.DWG , _�, ENGINEERING AUGUST -2021 A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, BEING MARKED BY A ITD MONUMENT IN VAULT AS DESCRIBED IN CORNER PERPETUATION INSTRUMENT NUMBER 21 1 11672, SAID POINT ALSO BEING THE NORTHWEST BOUNDARY CORNER OF THE PROPERTY DESCRIBED IN THE RECORD OF SURVEY DONE FOR ROY LACEY, RECORDED UNDER INSTRUMENT NUMBER 99008556; THENCE SOUTH 00`22'55" EAST, ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 3 AND THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 420.81; THENCE SOUTH 89'.36`44" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 1,573.94 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 0112143" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 303.58 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 01`12'43" EAST, ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 784.36 FEET TO THE NORTHEAST BOUNDARY CORNER OF THE DIAMOND COURT SUBDIVISION AS DESCRIBED UNDER INSTRUMENT NUMBER 96014344; THENCE NORTH 89-36'2 1 " WEST ALONG THE NORTH LINE OF SAID SUBDIVISION A DISTANCE OF 1,054.20 FEET, TO THE NORTHWESTERLY BOUNDARY CORNER OF SAID SUBDIVISION, THENCE CONTINUING NORTH 89"36'21" WEST A DISTANCE OF 153.77 FEET; THENCE NORTH 00°27'24" EAST A DISTANCE OF 380.00 FEET; THENCE SOUTH 89`36121" EAST A DISTANCE OF 249.64 FEET; THENCE NORTH 2340'40" EAST A DISTANCE OF 439.87 FEET; THENCE SOUTH 89 36'21" EAST A DISTANCE OF 762.05 FEET TO THE POINT OF BEGINNING. CONTAINING 18.42 ACRES, MORE OR LESS. T ER J4P Fa 1310230 SI j� 21 Q LEGAL DESCRIPTION FOR: of �� R-4 DENSE RESIDENTIAL ZONE S • LEGACY PARKFIGURE ANNEXATION & ZONING NO. LANDQUEST DEVELOPMENT, LLC CHl1RRl1CK. IDAHn SHEET INFORMATIONKN U DSEN r -a DRAFTER JPD REVIEWER MSB DRAWING ANNEX -ZONING DATE DESIGNER I JPD PROJECT NO. 2021020 1 FILEPATH MAPS.DWG ENGINEERING AUGUST -2021 34 004100 3 LU Lo Lo O N N � O S89 36'44"E 0 250' 500' SCALE: V= 250' 1,573.94- w Eo c) L • N O o M S89"36'21 "E 762.05' 0 o Cb as � 2N LU 249.64' cl � S89°36'21 "E R-4 ZONING l -r 18.43 AC. c p cn LU V' O N O N O O co cM O Z 153.77 1,054.20' N89°36'21 "W N89"36'21 "W �pL � � T S 13023 LEGAL DISPLAY FOR: R-4 DENSE RESIDENTIAL ZONE E1N S • LEGACY PARK FIGURE ANNEXATION & ZONING NO. LANDQUEST DEVELOPMENT, LLC CHUBBUCK. IDAHO w SHEET INFORMATIONKN U DSEN DRAFTER JPD REVIEWER MSB DRAWING ANNEX -ZONING DATE DESIGNER JPD PROJECT NO. 2021020 d FILEPATH MAPS.DWG <mir ENGINEERING AUGUST -2021 Ratliff-Yellowstone Exhibit 3a: Initial Zoninq Current Zoning Map Ratliff-Yellowstone Exhibit 3b: Initial Zoninq Current Zoning Map with Proposed Initial Zoning Exhibit 3c: Standards for Reviewing a Change/Placement 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 OF CHUBBUCK MUNICIPAL CODE 18.28 LAND USE ADMINISTRATION SECTION 18.28.050.8A STANDARDS FOR APPROVING A MAP AMENDMENT POLICY 1 The proposed map amendment would be in the community's best interest. COMMENT The residential area request will help address the shortage of available housing in the region. Between the 2 potential zones for the High Density Residential area (R-3 and R-4) all housing types can be permitted. POLICY 2 The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. COMMENT Zoning districts and intensity of development are comparable to adjacent properties, except to the east which is separated from this site by the railroad right-of-way. During the Design Review process for the commercial and high density residential areas the site design, including such items as fencing, lighting, and landscaping will be addressed, and will be directed to minimize negative impacts to neighboring and nearby parcels, with particular attention to lower density development to the east. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. COMMENT The site is generally flat and suitable for nearly all types of development, including the land uses permitted or conditionally permitted in the R-3 and R-4 zoning districts. POLICY 4 The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district. COMMENT The site has current access to Yellowstone Ave, a state highway, and Park Lawn Ave. Park Lawn Ave to the south is a collector street and built to accommodate more traffic than a local street. The low density residential area to the east is built on local streets, but the railroad separates the area from the property in question and there will be no traffic impact. Existing water and sewer mains are available to serve the property in Yellowstone Ave. City police and fire%mergency services will provide services to the area after it is annexed. Other public agencies currently serve the site; impacts and a timeline of effects to the school and library districts are unknown. POLICY 6 The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment request. COMMENT The proposal is in compliance with the proposed Comprehensive Plan amendment. If the amendment is approved it will be the correct Future Land Use designation area and meets other goals, objectives, and policies as outlined below. CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 -ZONE Plan Designation Zoning District Permitted CONVERSION TABLE LDR - Low Density Residential R -i - Single parnny Residential R-2 - Limited Residential MDR - Medium Density Residential R-2 - Limited Residential R-3 - General Residential HDR - Hial, n ncity RPcirlrntinl R-3 — (:PnPrni RPC1rlPntinl R-4 - Dense Residential C — Commercial C-1 - Limited Commercial C-2 - General Commercial E - Employment C-2 - General Commercial I - Industrial MU — Mixed Use R-1, R-2, R-3, R-4, C-1 COMMENT The proposal for C-2 and R-4 zoning is in compliance with the proposed amendment to the plan. If the plan amendment is not approved only the C-2 proposal would comply. 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 surrounded by the City limits and is in the Urban Service Boundary. The City Council will consider the property for annexation at a future meeting. 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 parcel. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted COMMENT The project is surrounded by developed land and can be considered an infill parcel. The R-4 zoning request, if approved, would allow residential developed in a range of densities. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.2 General commercial zoning should be located between communities or at a community center, at the intersection of principle arterials, or on Yellowstone Avenue between Quinn Road and Siphon Road POLICY a. Base commercial development locations on concepts identified on the Regional Growth Management Plan Map and land use designation on the Chubbuck zoning map COMMENT The proposal is to keep the entire frontage of the property in the C-2 zone. GOAL 4.4 EXPAND LIGHT MANUFACTURING AND INDUSTRY LOCATION OPPORTUNITIES AND REQUIRE THE ENVIRONMENTAL SENSITIVITY OF THESE FIRMS OBJECTIVE 4.4.1 Zone appropriate areas for industrial and warehousing uses POLICY b. Locate industrial zones in proximity to necessary rail and highway access COMMENT The site has a potential for rail access, but it has not been proposed for industrial development. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 proposal includes C-2 zoning along the west and north boundaries, where C-2 zoning exists on neighboring parcels. R-4 zoning exists to the south. Although R-1 is nearby, it is separated from the site by the railroad and its right-of-way. POLICY b. Use a combination of zoning, performance requirements, site planning, and transportation routes to create the highest level of compatibility between adjacent uses while retaining a complementary mix of possible uses within neighborhoods and communities COMMENT During the Design Review process the site design, including such items as fencing, lighting, and landscaping will be addressed, and will be directed to minimize negative impacts to neighboring and nearby parcels. POLICY f. Encourage residential infill in suitable locations COMMENT This is considered an infill site. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT The proposal requests new commercial zoning on approximately 20 acres of land. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT During the Design Review process the site design, including such items as fencing, lighting, and landscaping will be addressed, and will be directed to minimize negative impacts to neighboring and nearby parcels. POLICY b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers COMMENT The development as a whole has the potential to provide a large mixed use environment. Other code and policy may be identified from State Law, City Code, or the Comprehensive Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Ratliff-Yellowstone Exhibit 4a: Initial Zoninq Future Land Use Map Including Proposed Change Exhibit 4b: Comprehensive Plan Additional Policies Relevant to the Application Staff has identified the following goals, objectives, and policies as potentially applying to this application, decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines COMMENT The site will have access to Park Lawn, which is built as a collector but is underutilized. OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The proposed density would support transit, and a PRT bus line serves Yellowstone Ave. Water and sewer mains serve the property, which is an infill site. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The property is within the USB GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT Existing water and sewer mains serve the property. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT Existing water and sewer mains serve the property. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT Existing water and sewer mains serve the property. The property does not access the lines currently, but it is under application for annexation. /944c_\ CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 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 Existing water and sewer mains serve the property. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The R-4 request will allow more compact/ high density residential development that is more efficient than low density development. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT I Existing water and sewer mains serve the property. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process COMMENT The site is adjacent to Capell Park. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT Between the 2 potential zones for the High Density Residential area (R-3 and R-4) all housing types can be permitted. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT Nearby single family homes are either across Yellowstone Ave or the Union Pacific Railroad. Yellowstone Ave serves some of those homes directly, and is a principal arterial. Park Lawn Ave to the south is a collector street and built to accommodate more traffic than a local street. The low density residential area to the east is built on local streets, but the railroad separates the area from the property in question and there will be no traffic impact. The railroad also provides a 100 feet wide right-of-way buffer between this site and the low density neighborhood. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT This parcel is considered infill, as it is surrounded by other developed/developing properties. However the price point/market rate for the potential housing cannot be determined at this point in time. CHUBBUCK 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY a. Single -family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted POLICY b. Two-family dwellings: Generally acceptable anywhere a single -family residential unit is permitted. Encourage designs that appear to be a single unit POLICY c. Multi-family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The proposed High Density Residential area has the potential to address each of these policies. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT The frontage of the site along Yellowstone Ave is requested to remain Commercial. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT wr GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY a. Within the USB, annexation shall be required before new development is permitted COMMENT The site is within the USB and is an infill parcel. POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT Existing water and sewer mains are adjacent to the site. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us NOTICE OF PUBLIC HEARING CITY OF CHUBBUCK, IDAHO NOTICE IS HEREBY GIVEN that the Land Use & Development Commission of the City of Chubbuck, Idaho, will conduct a Public Hearing at 6:00 pm on September 14, 2021 at Chubbuck City Council Chambers, 290 East Linden St., Chubbuck, Idaho. In-person attendance is allowed. This meeting will also be available to the public electronically or by phone. Public hearings will be held with respect to the following item: 1. An application for a Change in Land Use District from Single Family Residential (R-1) to Dense Residential (R-4) on approximately 2.0 acres of land. Subject property is located on the west side of Philbin Road north of Sawtooth Street in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Mixed Use. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.6. Type of Action: Recommendation. 2. An application for a Comprehensive Plan Amendment to the Land Use Designation Map, on approximately 4.18 acres of land from Commercial and Mixed Use, to Mixed Use. Subject property is located on the north side of Quinn Rd west of Ronald St in Chubbuck, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.040.D. Type of Action: Recommendation. 3. An application for a Change in Land Use District from Limited Residential (R-2) to Dense Residential (R-4) on approximately 4.18 acres of land. Subject property is located on the north side of Quinn Rd west of Ronald St in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial and Mixed Use. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.B. Type of Action: Recommendation. 4. An application for a Comprehensive Plan Amendmentto the Land Use Designation Map on approximately 21 acres of land from Commercial and Employment to Commercial, and on approximately 18 acres from Commercial and Employment to High Density Residential. Subject property is generally located on the east side of Yellowstone Avenue between Adams Street and New Day Parkway in Chubbuck, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.040.D. Type of Action: Recommendation. 5. An application for Initial Zoning District designation as Commercial General (C-2) on approximately 21.07 acres of land, and Dense Residential (R-4) on approximately 18.43 acres of land. Subject property is currently in the Bannock County Multiple Use Zone and is located on the east side of Yellowstone Avenue between Adams Street and New Day Parkway in Chubbuck, Idaho. The Comprehensive Plan Future Land Use map designates this area as Commercial and Employment. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.6. Type of Action: Recommendation. Join Zoom Meeting (no webcam is necessary to participate) https://us02web.zooni.us/j/84355190788?pwd=aO9McVo 1 V1R1UUI2SHd6R2dhczBwZz09 Meeting ID: 843 5519 0788 Passcode: 153396 General information on joining a Zoom meeting can be found at https://support.zoom.us/hc/en- us/articles/201362193-Joining-a-Meeting. Or to Join by Phone: +1669 900 6833 US +1346 248 7799 US A complete description of each item is available to the public on request to jbowers@cityofchubbuck.us. Commission packet will be available upon request to the same email by September 7, 2021. Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. Oral testimony concerning these proposals may be offered at the public hearing. Commission may limit oral testimony. Written testimony must be received by jbowers@cityofchubbuck.us at least 7 days prior to the hearing, shall comply with standards established in City Code 18.28.020.D.7., and shall be considered public record. Any person needing special accommodations to participate in the meeting should contact the City Clerk, Joey Bowers at jbowers@cityofchubbuck.us at least 24 hours prior to the meeting. Joey Bowers, City Clerk Publish: August 29, 2021 /a 0�t\ CHUBBUCK I o A H o Community Services Department Development Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ARBOR COURT PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON SEPTEMBER 14, 2020 STAFF FINDINGS SUMMARIZED After reviewing the proposed Arbor Court preliminary plat, Staff finds that it appears to meet the code requirements with the following comments: • Secondary irrigation facilities will be required to be designed and constructed in accordance with section 16.12.230 of city code. • Preliminary Plat recommendations are conditional upon City Council approval of the Arbor Court preliminary plat. • This preliminary plat does not meet the turning radius requirements needed for sanitation services, the proposed layout does not work for the typical design vehicle, however, the sanitation dept. believes it can service the site with City sanitation trucks and with a careful driver. With the current layout, EMS services would only have one truck that would be able to make the turns. All other trucks would require multiple point turns to make the corner. FACTS REQUEST: The applicant proposes an 11 lot Preliminary Plat for 7 multifamily residential building lots, 3 common area lots, and 1 lot dedicated as additional Burley Drive right-of-way in the Arbor Court subdivision. It includes the redevelopment of 295 E. Chubbuck Road and improving the Burley Drive frontage (see Exhibits 1 and 2). BACKGROUND: This is a redevelopment of a portion of Bonniebrae Acres lot 1. 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). Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. OWNER: Arbor Court LLC 244 E. Chubbuck Rd. Chubbuck, ID 83202 PROFESSIONAL SERVICES: Dioptra LLC 4880 Clover Dell Chubbuck, ID 83202 LOCATION: NE 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, on the south side of E. Chubbuck Rd. and west of side of Burley Dr. Generally located at 295 E. Chubbuck Rd. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2) CURRENT LAND USE: Storage Shed Sales PROJECT SIZE: ±1.94 acres VIEWS: Generally visible from the north and east TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Removable Storage Sheds and Old Dairy Foundation SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2018: E Chubbuck Rd at Burley Dr, 13,718/day 2021: E Linden Ave at Yellowstone Ave, 1286/day NORTH: Office Professional; Industrial (1) zone EAST: Single Family Residential; General Commercial (C-2) zone SOUTH: City Hall; General Commercial (C-2) zone WEST: Vacant, Pasture; General Commercial (C-2) zone SERVICES: ACCESS STREET: Current access from Burley Drive. FIRE/EMS PROTECTION: City of Chubbuck Fire Department SANITARY SEWER: City of Chubbuck Sewer Utility Department CULINARY WATER: City of Chubbuck Water Utility Department PROCEDURES: In accordance with City Code 17.12.030-050 and Resolution 2020-03, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. In accordance with City Code 17.12.100, the application is scheduled to be heard at the September 14, 2021 Regular Meeting of the Land Use and Development Commission. In accordance with City Code 17.12.080, notice were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance Chubbuck Comprehensive Plan (as amended) Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use PUBLIC COMMENTS: 1. No written comments were received as of this report. 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us STANDARDS FOR REVIEWING A PRELIMINARY PLAT 1. Is the Preliminary Plat consistent with the City of Chubbuck Comprehensive Plan? Staff has identified the following as potentially applying to this application; decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is within City limits and the Urban Service Boundary. 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 project adheres to the land use designations as determined by the Conditional Use Permit approval CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT Sidewalks are included along all street frontages of the development OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks are included along all street frontages of the development CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT This site is within the USB 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 Stormwater will be required to remain on site. POLICY d. Limit development on steep slopes CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMMENT I There are no steep slopes in the development. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT Developer is providing the extensions of water and sewer lines at his own expense. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The proposed subdivision has a gross density of 14.4 units per acre. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT The proposed subdivision is designed to meet current City standards. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process COMMENT The proposed development is not providing a recreation area and will be required to pay park impact fees CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY b. Require the consideration of transit access in subdivision review COMMENT The site is within walking distance to bus routes on Chubbuck R. and Yellowstone Ave. POLICY c. Require the inclusion of bicycle and pedestrian systems during subdivision review and development to support alternative modes of transportation COMMENT The site is within walking distance to bus routes on Chubbuck R. and Yellowstone Ave. POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT I The site is within walking distance to bus routes on Chubbuck R. and Yellowstone Ave. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT The site will be developed with multifamily lots following the requirements of the approved Conditional Use Permit. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas 1940�t_\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMMENT I The proposed subdivision is redeveloping an underutilized commercial lot with 7 multifamily lots. GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The proposed development is being developed with 7 multifamily lots. CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school POLICY b. Consider pedestrian access to nearest school during site plan review COMMENT There are no schools in the immediate area, students will need to be bussed to school. POLICY c. Require sidewalks along both sides of public streets COMMENT Sidewalks are required along the street frontages of the development. * The Comprehensive Plan includes several strategies with the policies in certain chapters. 2. Does the Preliminary Plat comply with applicable laws and ordinances? CITY CODE TITLE 17- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.030, Copies to be Submitted, Notice and Fee 17.12.050 Staff The applicant has completed the requirements of these Comments sections. Department Public Works: x Comments No comments received. x Department Maintenance / Operations: Comments The department has reviewed the applicant's proposal for compliance. The turning radius does not accommodate Chubbuck garbage service vehicles without using multiple point turns and backing. Sanitation believes they can service the site with their trucks and a very careful driver. x Department Fire Department: Comments The department has reviewed the applicant's proposal for compliance. The turning radius does not accommodate Chubbuck Fire Department vehicles without using multiple point turns and backing. With the current layout, the Fire Department only has one fire truck that could make the turn. All other trucks will have to make multiple point turns to make the corner. x Department Police Department: Comments No concerns. 1940�t_\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CITY CODE TITLE 17 — PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.150 Form of Presentation Staff Applicant has provided all information required of this section. Comments x 17.12.160 Identification and Descriptive Data Staff Applicant has provided all information required of this section. Comments x 17.12.170 Existing Conditions Data Staff Applicant has provided a preliminary plat showing existing Comments contours, locations of existing water and sewer systems, street names and rights-of-way, and all other information required of this section. x 17.12.180 Proposed Conditions Data Staff Applicant has provided a preliminary plat showing proposed Comments conditions including lot dimensions, easement use and locations, and street layout including proposed dedication of additional right-of-way. x 17.12.190 Proposed Utility Methods Staff Water and sewer will be extended into the development, Comments applicant has provided service locations shown on the preliminary lat. CITY CODE TITLE 78- LAND USE Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments 18.08.042A Height and area Regulations x Staff This is proposed in the C-2 zone and is limited to 70 ft high and Comments no minimum lot size. 18.08.044 Lot Width to depth ratio x Staff This is proposed in the C-2 zone, maximum ratio is 1:5 Comments PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water mainlines with services will be constructed and connected to existing Water water mainlines. Sewer mainlines with services will be constructed and connected to existing Sewer sewer mainlines. Right-of-way will be dedicated and the street will be constructed per 16.12.020C Streets and in accordance with the comprehensive plan. Storm water from the street will be retained in the roadway drainage system, Storm Drainage while storm water from the lots will be required to be retained on site. Pressurized Secondary Development is required to construct a secondary pressurized irrigation system Irrigation and utilize irrigation water. 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Parks Park impact fees will be required for this development. OTHER AGENCY COMMENTS AND REQUIREMENTS Agency Comment BTPO No comment received. Bureau of Indian Affairs No comment received. Cable One No comment received. Century Link No comment received. Direct Communications No comment received. ID Fish and Game No comment received. ID Transportation No comment received. Idaho Power No comment received. Intermountain Gas No comment received. School District 25 No comment received. SE Idaho Public Health No comment received. US Postal Service No comment received. 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDC). APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: • I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT: Sean Harris, Development Services Staff comments in this report are based solely Manager sharris@cityofchubbuck.us (208) 237-2430 DATE: August 19, 2021 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Maps a. Future Land Use upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. EXHIBITS A: 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 b. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency notices on file w/staff 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 1: Reference Map - Arbor Court .4 CMIBBUCN H 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 1 OF 5 Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 — 17.12.190 of municipal code. The following must be completed and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a complete application packet may result in additional fees. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —DEVELOPER/APPLICANT INFORMATION Al. Name Arbor Court LLC Attn: Daren Crockett A2. Mailing Address 244 E. Chubbuck Road City State Zip Code Chubbuck ID 83202 A3. Phone Number (including area code) A4. Email Address 208-478-8600 dcrockett@vandykmortgage.com SECTION B — PROFESSIONAL SERVICES INFORMATION B1. Firm Name Dioptra LLC B2, Mailing Address 4880 Clover Dell City State Zip Code Chubbuck ID 83202 B3. Point of Contact (Name) 34. Email Address Stewart Ward, PLS stewart@dioptrageomatics.com SECTION C —SITE INFORMATION Cl. Site Address City Zip C2. Tax Parcel #(s) 295 E. Chubbuck Road Chubbuck 83202 RPRCBBA000101 C3. Current Land Use C4. Are there existing structures on-site? Commercial - selling storage sheds ❑ Yes ® No CS. Is the site under contract or in the name of the developer/applicant? C6. Approximate size of property ® Yes ❑ No 1.94 Acres C7. Are there any existing items of which Staff should be aware? C8. Does the site contain irrigation water rights? ❑ Yes ® No If yes: ® Yes ❑ No If yes, which company/district: Fort Hall Irrigation Project CHUBBUCK I D R H D PO Box 5604 — 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 2 OF 5 SECTION D — PROPOSED DEVELOPMENT INFORMATION D1. Plat Name D2. Number of Lots Arbor Court 11 D3. Type of Land Uses within development (residential, commercial, industrial, etc.) D4. Water & Sewer Needs Residential Residential services for water & sewer D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ Yes ® No If yes: Will the development contain any commonly -owned and/or maintained improvements (stormwater facilities, community mailboxes, streets, D6. parks/playgrounds, etc.)? ® Yes ❑ No If yes, what? Stormwater facilities, exterior common areas, landscaping Will the development contain any land within a designated floodplain (FEMA or Chubbuck? ❑ Yes ® No If yes, what zone?: D7. If yes, how do you intend to minimize flood damage to structures, and public utilities and facilities such as sewer, gas, water, and electrical systems?? If yes and the proposal contains more than 50 lots or more than 5 acres, whichever is lesser, and there no base flood elevations established for the floodplain, you must submit base flood elevation data with the application package. Only for plat containing residential units: The City has adopted Parks Impact Fees with requirements that parks impact fees are due when building permits for residential units are issued. There may be times when the developer proposes to dedicate land and/or construct park improvements to satisfy the parks impact fee funding obligation in whole or in part. Which is anticipated with this development? D6. ® No public parks/park land are proposed with this phase, or any public parks/park land will benefit only this development, parks impact fees will be collected ❑ Public parks/park land are proposed that will benefit more than just this development, parks impact fees may be adjusted only by agreement between the city and the developer prior to construction, fund, or contribution based on the present value of system improvements and land in accordance with Chapter 17.28 of municipal code. SECTION E — ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees: Total # of lots 11 X $5.00 + $203.00 base fee = $ 258 total due E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcels, or part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan submitted during the preliminary platting process. A master plan must be submitted with each preliminary plat filed. E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly owned improvements and/or land, if the development will contain any commonly owned improvements and/or land. For purposes of this requirement, commonly owned improvements include stormwater facilities, cluster mailboxes, private open space/parks/amenities, etc. E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. CHUBBUCK I D R H D PO Box 5604 — 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 3 OF 5 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, secondary pressurized irrigation, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. E5. If the development contains area with any FEMA or City of Chubbuck designated floodplains, the following must be submitted: 1. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, base flood elevations shall be determined prior to filing an application for a preliminary plat and said determinations must be submitted with the application package. 2. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, evidence must be submitted demonstrating that a CLOW application has been filed with FEMA. E6. Because every application is different, rules and regulations may differ and staff may require additional information or submittals before an application can be deemed complete and ready for the review process beyond staff level. CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 4 OF 5 E7. PDF Drawings drawn according to municipal code containing the following: Code Reference Staff Preparer's Reviewers Initials Initials Description 17.12.150 —17.12.160 Presentation & Descriptive Data AT • Drawing Size (11"x22" minimum through 22"x34" maximum) AT • Proposed Name AT . Location of Development by Section, Township, Range AT • Reference to Section or Quarter Corner (dist. & Bear.) AT • Name, Address, Phone Number of Developer AT • Name, Address, Phone Number of Engineer/Surveyor AT • North Arrow AT • Date of Preparation (Including Revisions) AT • Vicinity Map 17.12.170 Existing Conditions AT • Existing Contours @ adequate Interval AT • Existing Features AT • Existing Utilities AT • Existing R -O -W, easements, public areas, corporation lines AT • Instrument # for parcels with common boundaries AT • Existing & proposed zoning AT • Total acreage AT • Boundary dimensions 17.12.180 L Proposed Conditions AT • Street layout (including width) AT 0 Street names AT • Connections to existing streets AT • Lot dimensions AT • Lot numbers AT . Total number of lots AT • Location, width, and use of easements AT • Designation of land for public use (parks and open space) 17.12.190 Proposed Utility Methods AT • Proposed sewage disposal AT • Proposed water supply AT • Proposed storm water disposal AT • Proposed secondary pressurized irrigation (if the site has irrigation rights) 15.54 (adopted 6/3/20) Floodplain requirements (N/A if there is no floodplain in the development) AT 0 Floodplain boundaries, type, and BFEs PO Box 5604 — 5160 Yellowstone Avenue PRELIMINARY PLAT Chubbuck, ID 83202 CHUBBUCK 208.237.2430 — Fax 208.237.2409 APPLICATION www.CityofChubbuck.us August 2020 Form- Replaces Prior Versions IOAH0 PAGE 5OF5 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • 1 am aware that if this application is not complete, the preliminary plat review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. F1. Signature F2. Printed Name F3. Date Adam Thayer, PLS 8/3/2021 SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Deemed complete? Reviewed by: Date: ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: Preliminary Plat For ARBOR COURT LOCATED IN NW 1/4 NE 1/4 SECTION 10, TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE Found ITD Bross Cop BOISE MERIDIAN IN THE COUNTY OF BANNOCK. in monument voult o u PLS 343 per CP&F #21320661Instr. X20615185018503 Jared L. et. al I I 0 20' 40' � F X X X X X X X X X -S 0902'58" E 480.36' � _x _�_ _ X ,_ �Y.�s �l, �1;•8� 9UU � � 90.00 _ _ a3' — _X X13 96' F M M — M t _ LEGENDParce) Boundary II01 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 w f Proposed Lots / ' '4 - ±0.08 ( � Section Line Acres Acres Acres Acres z Acres _------- _ Existing Ease ment R I ILYi i Proposed BuildingsOropson�Proposed Curb JII E II I II f 90.IlI0NI III FtII III NI III II IbI 9I" v II w Il NI II w�Il NiI IIII eII-c. II NI I e IpJI NlI I � I II �J�II i XqIII N FIII FFFI Poe rote NIti ------- rposarking T w—w—Proposed water Lines ""I L—SS —ss — Proposed Sewer Lines u�on4l"a_ o P Single Unit Truck Turn lli ng Path I Wit-IwW I IW 1. L �4w I m �Existing caro —W W Existing Water Line0.0' - Ia1.o6' 3' . -$'- — SS 5S Existin Sewer Line ro 11 L m 20\y9V°dVj� u XN°VI�Ip 0/'r 0'00 22 �Wo\ui" 449.89 4II V21,53'Existing Building Foundation- - NiDv O I � I —C—C Y0GAS C—Existing Communication L ne ; Existing Cos Une E �Lot 9 Row Existing Rgnt of way IiI I I o °At - siraaea.o ExisnGround Canto u sB/oe1 }0' 44 I II gR=21' it Acres -2 ExistinFire Hydant 39.42 Storm Water Pond m Water Pond R-1 .539.R-12.5StorProposed Fire HydrantLot 8 Electric Meter*0.o � ` N Owner/Developer Arbor Court LLC Attn: Daren Crockett 244 E. Chubbuck Rd Chubbuck, ID 83202 208-478-8600 Surveyor Dioptro LLC 4880 Clover Dell Chubbuck, ID, 83202 208-237-7373 I Y r E SIM" NOTES 1. Address 295 East Chubbuck Road, Chubbuck, Idaho 83202 P OF 2. Current Zoning - General Commercial (C2)` ARi K. w 3. Total Area - 1.94 Acres 4. Proposed Lots - 11 I 5. Storm water is to be detained in a stormwater pond set in the middle of the parcel. SURVEYORS CERTIFICATE 6. All other utilities are provided by extension of existing facilities. _ ) I I11 Lot 7 I, Stewart K. Ward, a Licensed Professional Land 9. Lot 9 is covered in its entirety with a storm water easement. 40 10. Lots 1-10 are covered in their entirety with a public utility and cross -access easements that this plat is an accurate representation of in all areas outside structures. this survey completed under my supervision. 37 5' R=40' CS f —A,@ o I Sanitary Sewer Manhole Storm Drain Manhole Total Area ® a, Y s _ F S - - - - - -� - ,01 Acres I © Water Spigot 24.76 S vv L9 I I f1.94 ® 23.850°'aat I IE /16 -� Street Sign �1I10 �,1 Ln 1S'b Lbb 1" au �9 5 _m1g tion u fflg On ' sysY�m egne�li re connection to City XIIV� h ti OAU t Ult F 109p0' SS —� CPBdF 00877 ; 4a68 0 Acres er X20 a Fob M W(i' W L h — W\�-� \ M —IIM M M iIM A I Lrij -ROW ROROW ROWi ROW PROJECT 6 / 2• S 00'04'30" E 469.37Il a p SS — SS — S'L944 SS — SS 55 55 SS SS 55 SS — SS — SS 55 S 5S -t,$5 b SS — 55 SS SS SS — 55 SS — SS — SS — SS/ SS - Burley Drive D �� YY IIT N 00'04'30" W 1324.42' / o a W W W W W W W — W W W W w w w w W w -� W W w w W W W W — WW— W NE 1/16 Comer S o / Found 2" Hum. Cap Per CP&F #20621178 N ROW ROW S"L 944 �� ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW R ROW ROW ROW ROW ROW ROW ROW o a ROW ROW Owner/Developer Arbor Court LLC Attn: Daren Crockett 244 E. Chubbuck Rd Chubbuck, ID 83202 208-478-8600 Surveyor Dioptro LLC 4880 Clover Dell Chubbuck, ID, 83202 208-237-7373 I Y r E SIM" NOTES 1. Address 295 East Chubbuck Road, Chubbuck, Idaho 83202 P OF 2. Current Zoning - General Commercial (C2)` ARi K. w 3. Total Area - 1.94 Acres 4. Proposed Lots - 11 I 5. Storm water is to be detained in a stormwater pond set in the middle of the parcel. SURVEYORS CERTIFICATE 6. All other utilities are provided by extension of existing facilities. 7. A secondary irrigation system is set to be installed. I I11 8. Lots 11 and 12 to be dedicated for additional right-of-way. I, Stewart K. Ward, a Licensed Professional Land 9. Lot 9 is covered in its entirety with a storm water easement. Surveyor in the state of Idaho do hereby certify 10. Lots 1-10 are covered in their entirety with a public utility and cross -access easements that this plat is an accurate representation of in all areas outside structures. this survey completed under my supervision. Owner/Developer Arbor Court LLC Attn: Daren Crockett 244 E. Chubbuck Rd Chubbuck, ID 83202 208-478-8600 Surveyor Dioptro LLC 4880 Clover Dell Chubbuck, ID, 83202 208-237-7373 I r E Power Pole Lot 1 n�`� I © Communication Box ±0.08 Acres I I11 I F ❑ Telephone Pedestal 37 5' CS Ballard —A,@ o I Sanitary Sewer Manhole Storm Drain Manhole 99' ® Storm Drain Inlet Y s F Water Meter - - - - - -� - ,01 I © Water Spigot F (Comer ® Water Valve I IE /16 -� Street Sign Water Meter to be us for 2+ N h Line Sec. 0 F umd 2" Plum. ap I I _m1g tion u fflg On ' sysY�m egne�li re connection to City — S I OAU t Ult F 109p0' SS —� CPBdF 00877 q secondary irrigation system. I er X20 M W(i' W L — W\�-� \ M —IIM M M A I Lrij -ROW ROROW ROWi ROW PROJECT Owner/Developer Arbor Court LLC Attn: Daren Crockett 244 E. Chubbuck Rd Chubbuck, ID 83202 208-478-8600 Surveyor Dioptro LLC 4880 Clover Dell Chubbuck, ID, 83202 208-237-7373 DIOPTRE A Company of Geomatics Professionals ARBOR COURT Preliminary Plat Narrative Prepared by Dioptra, Adam Thayer, PLS Arbor Court LLC (Daren Crockett) is requesting approval of a multi -family residential housing development to be named Arbor Court. This development is at the corner of East Chubbuck Road and Burley Drive. The parcel is zoned General Commercial (C-2). All lots within this development are greater than the minimum lot size for an C-2 zone. Arbor Court is a multi -family development consisting of eleven (11) lots; seven (7) for residential units, three (3) for storm water retention, utility, and cross access easements, and one (1) for street right-of-way for Burley Drive. It is proposed that Burley Drive right-of-way dedication be 15 feet of additional right-of-way with roadway improvements and road widening constructed as part of this development. The curb/gutter and sidewalk design will be similar in design to the newly constructed portion of Burley Drive in front of the new Chubbuck City Hall and will allow for approximately twenty (20) new on street parking stalls. New sidewalk will be constructed along Burley Drive to provide for pedestrian and bicycle traffic. Sanitary sewer lines and water lines will be serviced into the development off Burley Drive. Each residential unit will be provided their own service line. Storm water will be retained in existing, relocated, or newly constructed drywells, as needed. All storm water within the development will be retained in retention basins on site. 4880 Clover Dell 208-237-7373 Chubbuck, Idaho 83202 Exhibit 5a: Comprehensive Plan Future Land Use Map Arbor Court E Chubbuck Rd_ 1940�t-\ CHUBBUCK 1 0 Future -Designation Commercial Employment High Density Low Density Medium Density Mixed Use PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 5b: Current Zoning Arbor Court L Uhubbu&, hd I N a E Linden Ave. Landuse_Category 0 Agriculture (A) 0 Creative Community M Dense Residential (R-4) M General Commercial (C-2) Industrial (1) Limited Commercial (C-1) Limited Residential (R-2) Limited Residential - P (R -2P) Planned Unit Development (PUD) Single Family Residential (R-1) PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www•CityofChubbuck.us 1 0 1 H 0 Exhibit 6: Evidence of Notice a. Site Posting b. Agency notices on file with staff a. Site Posting Sign posted August 10, 2021 near the intersection of E. Chubbuck Rd. and Burley Dr. 1940'4-\ CHUBBUCK 101HO PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us /a 0�t\ CHUBBUCK I D A H O Community Services Department Development Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COPPERFIELD LANDING DIVISION 6 PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON SEPTEMBER 14, 2021 STAFF FINDINGS SUMMARIZED After reviewing the proposed Copperfield Landing Division 6 preliminary plat, Staff finds that it appears to meet the code requirements with the following comments: • Secondary irrigation facilities will be required to be designed and constructed in accordance with section 16.12.230 of city code, which will include a pump station. Park impact fees may be required in accordance with section 17.28.050. FACTS REQUEST: The applicant proposes a 55 lot Preliminary Plat for 54 residential building lots, 1 common area lot, and 1 open space / park lot in the Copperfield Landing subdivision, Division 6. It includes extending and improving Trueman Street north to Siphon Road and completion of Espie Park (see Exhibits 1 and 2). BACKGROUND: This is the 6th division of the Copperfield Landing subdivision. 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). Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. OWNER: Summit Building Group 940 South 51" West #12308 Rexburg, ID 83440 PROFESSIONAL SERVICES: RMES 600 East Oak St. Pocatello, ID 83201 LOCATION: NE 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Trueman Street between McKay St. and Siphon Rd. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Planned Unit Development (PUD) CURRENT LAND USE: vacant PROJECT SIZE: ±6.58 acres VIEWS: Generally visible from the north, south, and west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: vacant house and out buildings RECENT TRAFFIC COUNTS: 2021: Siphon Rd at Hawthorne Rd, 1670/day 2019: Hawthorne Rd at Dell Rd, 3246/day SURROUNDING LAND USES AND ZONING NORTH: Agriculture; Bannock County Agricultural (A) zone EAST: Single Family Residential; Bannock County Agricultural (A) zone SOUTH: Single Family residential; Planned Unit Development (PUD) zone WEST: Vacant; Planned Unit Development (PUD) zone SERVICES: ACCESS STREET: Current access from Trueman St. and Siphon Rd. FIRE/EMS PROTECTION: City of Chubbuck Fire Department SANITARY SEWER: City of Chubbuck Sewer Utility Department CULINARY WATER: City of Chubbuck Water Utility Department PROCEDURES: 1. In accordance with City Code 17.12.030-050 and Resolution 2020-03, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. 2. In accordance with City Code 17.12.100, the application is scheduled to be heard at the September 14, 2021 Regular Meeting of the Land Use and Development Commission. 3. In accordance with City Code 17.12.080, notice were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. 4. In accordance with City Code 18.20.050, the Public Works Director has reviewed the master plan and determined it to not be an amendment for the approved PUD plan, as defined. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code a. Title 16, Land Improvement Standards b. Title 17, Land Development c. Title 18, Land Use PUBLIC COMMENTS: 1. No written comments were received as of this report. A: 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 STANDARDS FOR REVIEWING A PRELIMINARY PLAT 1. Is the Preliminary Plat consistent with the City of Chubbuck Comprehensive Plan? Staff has identified the following as potentially applying to this application; decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is within City limits and the Urban Service Boundary. 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 project adheres to the land use designations as determined by the previously approved Planned Unit Development zoning approval POLICY c. Make use of planned unit developments (PUD) to accommodate development on tracts with difficult shape or location COMMENT This development is developing under the previously approved Planned Unit Development designation CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.1 Increase the efficiency of functional class roads POLICY No policy was included in the Comprehensive Plan for this objective; however the City promotes efficiency and safety on collector and arterial roads by following approved design standards and access management guidelines COMMENT Trueman Street will be developed as a collector within this development OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The subdivision is being developed in phases OBJECTIVE 5.1.5 Encourage bicycle and pedestrian systems that support transit and provide an alternative means to access commercial centers, neighborhood employment centers, and public services such as schools and parks POLICY a. Continue to implement standards for sidewalks to be constructed at the time of subdivision development COMMENT Sidewalks are included along all street frontages of the development OBJECTIVE 5.1.7 Provide a connected network of pedestrian -friendly streets and pathways POLICY g. Provide sidewalks along both sides of all public streets COMMENT Sidewalks are included along all street frontages of the development 1940�t_\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHAPTER 6: COMMUNITY DESIGN GOAL 6.1: INVEST IN THE IMPROVED APPEARANCE OF OUR CITY AND STIMULATE IMPROVEMENTS BY THE PUBLIC SECTOR OBJECTIVE 6.1.2 Contribute to the appearance of neighborhoods and communities through placement and design of public parks POLICY a. Establish park design standards and guidelines to enable the development of attractive, functional, low maintenance parks that generally serve as the focal points for neighborhoods and communities COMMENT The development will partner with the City to create an attractive, functional park that is also the focal point of the neighborhood CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT This site is within the USB 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 Stormwater will be required to remain on site. POLICY d. Limit development on steep slopes COMMENT There are no steep slopes in the development. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT Developer is providing the extensions of water and sewer lines at his own expense. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The proposed subdivision has a gross density of 8.21 units per acre. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT The proposed subdivision is designed to meet current City standards. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process 1940�t_\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us COMMENT The proposed development is providing additional recreation area and will be partnering with the City to develop the park CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY a. Require new streets to connect with other streets COMMENT The proposed development will be extending Trueman St. to connect with Siphon Road CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT The proposed subdivision is providing much needed housing opportunities OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT The site will be developed with residential lots following the requirements of the approved Planned Unit Development zone GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY a. Single -family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted COMMENT The proposed subdivision is developing a vacant parcel into 54 townhome lots POLICY c. Multi-family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT The proposed subdivision is developing a vacant parcel into 54 townhome lots adjacent to a proposed public park CHAPTER 13: SCHOOL LOCATION AND TRANSPORTATION GOAL 13.1 DELIVER OUR CHILDREN SAFELY TO SCHOOL OBJECTIVE 13.1.2 Create opportunities for children to walk safely to school POLICY a. Establish a system of paths, sidewalks, bike lanes and routes that permit safe access to city schools COMMENT There are no schools in the immediate area, students will need to be bussed to school. POLICY b. Consider pedestrian access to nearest school during site plan review COMMENT There are no schools in the immediate area, students will need to be bussed to school. POLICY c. Require sidewalks along both sides of public streets COMMENT Sidewalks are required along the street frontages of the development. * The Comprehensive Plan includes several strategies with the policies in certain chapters. CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 2. Does the Preliminary Plat comply with applicable laws and ordinances? CITY CODE TITLE 17- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.030, Copies to be Submitted, Notice and Fee 17.12.050 Staff The applicant has completed the requirements of these Comments sections. Department Public Works: x Comments No comments received. x Department Maintenance / Operations: Comments The department has reviewed the applicant's proposal for compliance. Concerns have been addressed by the applicant. x Department Fire Department: Comments No comments received. x Department Police Department: Comments No concerns. CITY CODE TITLE 17 — PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.150 Form of Presentation Staff Applicant has provided all information required of this section. Comments x 17.12.160 Identification and Descriptive Data Staff Applicant has provided all information required of this section. Comments x 17.12.170 Existing Conditions Data Staff Applicant has provided a preliminary plat showing existing Comments contours, locations of existing water and sewer systems, street names and rights-of-way, and all other information required of this section. x 17.12.180 Proposed Conditions Data Staff Applicant has provided a preliminary plat showing proposed Comments conditions including lot dimensions, easement use and locations, and street layout including proposed dedication of additional right-of-way. x 17.12.190 Proposed Utility Methods Staff Water and sewer will be extended into the development, Comments applicant has provided service locations shown on the preliminary lat. CITY CODE TITLE 18- LAND USE Compliant Standards and Staff Comments /9470't-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Yes I No I N/A I City Code I City Standard and Staff Comments BTPO Bureau of Indian Affairs Cable One Century Link Direct Communications ID Fish and Game ID Transportation Idaho Power Intermountain Gas School District 25 SE Idaho Public Health US Postal Service 1940�t-\ CHUBBUCK 1 0 No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 18.08.042A Height and area Regulations x Staff This is proposed in the PUD zone and is limited to height and Comments minimum lot size as defined in the master development plan in the PUD. 18.08.044 Lot Width to depth ratio x Staff This is proposed in the PUD zone, maximum ratio is defined in Comments the master development plan in the PUD. PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water mainlines with services will be constructed and connected to existing Water water mainlines. Sewer mainlines with services will be constructed and connected to existing Sewer sewer mainlines. Right-of-way will be dedicated and the street will be constructed per 16.12.020C Streets and in accordance with the comprehensive plan. Storm water from the street will be retained in the roadway drainage swale, while Storm Drainage storm water from the lots will be required to be retained on site. Pressurized Secondary Secondary irrigation facilities will be designed and constructed in accordance Irrigation with section 16.12.230 of city code. Parks Park will be constructed with this phase of the development. OTHER AGENCY COMMENTS AND REQUIREMENTS Agency I Comment BTPO Bureau of Indian Affairs Cable One Century Link Direct Communications ID Fish and Game ID Transportation Idaho Power Intermountain Gas School District 25 SE Idaho Public Health US Postal Service 1940�t-\ CHUBBUCK 1 0 No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDC). APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: • I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT: Sean Harris, Development Services Staff comments in this report are based solely Manager sharris@cityofchubbuck.us (208) 237-2430 DATE: September 1, 2021 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Maps a. Future Land Use CHUBBUCK 1 0 upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. EXHIBITS PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us b. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency notices on file w/staff 1940�t-\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 1: Reference Map - Copperfield Landing Division 6 .ivhon Rd 194�0t\ CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 1 OF 5 Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 — 17.12.190 of municipal code. The following must be completed and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a complete application packet may result in additional fees. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —DEVELOPER/APPLICANT INFORMATION Al. Name A2. Mailing Address City State Zip Code A3. Phone Number (including area code) A4. Email Address SECTION B — PROFESSIONAL SERVICES INFORMATION B1. Firm Name B2, Mailing Address City State Zip Code B3. Point of Contact (Name) 34. Email Address SECTION C —SITE INFORMATION Cl. Site Address City Zip C2. Tax Parcel #(s) C3. Current Land Use C4. Are there existing structures on-site? ❑ Yes ❑ No CS. Is the site under contract or in the name of the developer/applicant? ❑ Yes ❑ No C6. Approximate size of property C7. Are there any existing items of which Staff should be aware? ❑ Yes ❑ No If yes: C8. Does the site contain irrigation water rights? ❑ Yes ❑ No If yes, which company/district: CHUBBUCK I D R H D PO Box 5604 — 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 2 OF 5 SECTION D — PROPOSED DEVELOPMENT INFORMATION D1. Plat Name D2. Number of Lots D3. Type of Land Uses within development (residential, commercial, industrial, etc.) D4. Water & Sewer Needs D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ Yes ❑ No If yes: Will the development contain any commonly -owned and/or maintained improvements (stormwater facilities, community mailboxes, streets, D6. parks/playgrounds, etc.)? ❑ Yes ❑ No If yes, what? Will the development contain any land within a designated floodplain (FEMA or Chubbuck? ❑ Yes ❑ No If yes, what zone?: D7. If yes, how do you intend to minimize flood damage to structures, and public utilities and facilities such as sewer, gas, water, and electrical systems?? If yes and the proposal contains more than 50 lots or more than 5 acres, whichever is lesser, and there no base flood elevations established for the floodplain, you must submit base flood elevation data with the application package. Only for plat containing residential units: The City has adopted Parks Impact Fees with requirements that parks impact fees are due when building permits for residential units are issued. There may be times when the developer proposes to dedicate land and/or construct park improvements to satisfy the parks impact fee funding obligation in whole or in part. Which is anticipated with this development? D6. ❑ No public parks/park land are proposed with this phase, or any public parks/park land will benefit only this development, parks impact fees will be collected ❑ Public parks/park land are proposed that will benefit more than just this development, parks impact fees may be adjusted only by agreement between the city and the developer prior to construction, fund, or contribution based on the present value of system improvements and land in accordance with Chapter 17.28 of municipal code. SECTION E — ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees: Total # of lots X $5.00 + $203.00 base fee = $ total due E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcels, or part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan submitted during the preliminary platting process. A master plan must be submitted with each preliminary plat filed. E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly owned improvements and/or land, if the development will contain any commonly owned improvements and/or land. For purposes of this requirement, commonly owned improvements include stormwater facilities, cluster mailboxes, private open space/parks/amenities, etc. E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. CHUBBUCK I D R H D PO Box 5604 — 5160 Yellowstone Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 3 OF 5 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, secondary pressurized irrigation, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. E5. If the development contains area with any FEMA or City of Chubbuck designated floodplains, the following must be submitted: 1. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, base flood elevations shall be determined prior to filing an application for a preliminary plat and said determinations must be submitted with the application package. 2. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, evidence must be submitted demonstrating that a CLOW application has been filed with FEMA. E6. Because every application is different, rules and regulations may differ and staff may require additional information or submittals before an application can be deemed complete and ready for the review process beyond staff level. CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION August 2020 Form- Replaces Prior Versions PAGE 4 OF 5 E7. PDF Drawings drawn according to municipal code containing the following: Code Reference Staff Preparer's Description Reviewers Initials Initials 17.12.150 —17.12.160 Presentation & Descriptive Data • Drawing Size (11"x22" minimum through 22"x34" maximum) • Proposed Name • Location of Development by Section, Township, Range • Reference to Section or Quarter Corner (dist. & Bear.) • Name, Address, Phone Number of Developer • Name, Address, Phone Number of Engineer/Surveyor • North Arrow • Date of Preparation (Including Revisions) • Vicinity Map 17.12.170 Existing Conditions • Existing Contours @ adequate Interval • Existing Features • Existing Utilities • Existing R -O -W, easements, public areas, corporation lines • Instrument # for parcels with common boundaries • Existing & proposed zoning • Total acreage • Boundary dimensions 17.12.180 Proposed Conditions • Street layout (including width) • Street names • Connections to existing streets • Lot dimensions • Lot numbers • Total number of lots • Location, width, and use of easements • Designation of land for public use (parks and open space) 17.12.190 Proposed Utility Methods • Proposed sewage disposal • Proposed water supply • Proposed storm water disposal • Proposed secondary pressurized irrigation (if the site has irrigation rights) 15.54 (adopted 6/3/20) Floodplain requirements (N/A if there is no floodplain in the development) 0 Floodplain boundaries, type, and BFEs PO Box 5604 — 5160 Yellowstone Avenue PRELIMINARY PLAT Chubbuck,ID 83202 CHUBBUCK 208.237.2430 — Fax 208.237.2409 APPLICATION www.CityofChubbuck.us August 2020 Form- Replaces Prior Versions I0111H0 PAGE 5OF5 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • 1 am aware that if this application is not complete, the preliminary plat review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. F1. signature F2. Printed Name F3. Date BRADY SMITH (FOR APPLICANT) 8/13/21 SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Deemed complete? Reviewed by: Date: ❑ Yes ❑ No If no, list concern(s): Applicant Notified? ❑ Yes ❑ No Comments: NORTHEAST CORNER OF SECTION 4. FOUND 2" ALUMINUM CAP PER CP & F INST. NO. 20520353 S 89047'06" E 1322.34' EAST 1/16 CORNER ON THE NORTH LINE OF SECTION 4. FOUND AN ILLEGIBLE ALUMINUM CAP MONUMENT. SEE CP & F INST. NO. 21401136 EUGENE L.HAN000K INST. NO. 804703 S 89047'06" E 892.80' NORTH 1/4 CORNER OF SECTION 4. THE ORIGINAL MONUMENT WAS DESTROYED BY NATURAL GAS PIPELINE CONSTRUCTION. FOUND REFERENCE MONUMENTS PER CP & F INST. NOS. 33 20520352 AND 21207297 JAMES DAVID LEMMON o INST. NO. 20414626 PRELIMINARY PLAT FOR: COPPERFIELD LANDING - DIVISION 6 LOCATED IN THE NE 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO CURVE TABLE NUMBER DELTA ANGLE CHORD DIRECTION TANGENT RADIUS ARC LENGTH CHORD LENGTH C1 22058'52" N 11°00'34" E 54.28' 267.00' 107.09' 106.38' C2 23010'48" S 10054'36" W 68.29' 333.00' 134.72' 133.80' C3 20033'13" N 9035'49" E 48.41' 267.00' 95.78' 95.27' C4 18041'33" N 29013'11" E 54.81' 333.00' 108.64' 108.16' C5 120053'53" S 21052'59" E 37.04' 21.00' 44.31' 36.54' C6 7043'38" S 86011'44" E 7.90' 117.00' 15.78' 15.77' C7 20033'13" N 9035'49" E 54.39' 300.00' 107.62' 107.04' C8 11021'39" N 14011'35" E 33.12' 333.00' 66.03' 65.92' C9 9011'34" N 3054'59" E 26.77' 333.00' 53.43' 53.37' C10 0058'10" S 0°11'43" E 2.54' 300.00' 5.08' 5.08' C11 22012'38" S 11°23'41" W 58.89' 300.00' 116.29' 115.57' C12 13°24'21 " N 15047'49" E 35.26' 300.00' 70.19' 70.03' C13 9034'31" N 4018'23" E 25.13' 300.00' 50.14' 50.08' C14 90041'46" S 44°52'01" W 21.26' 21.00' 33.24' 29.88' C15 22058'52" N 11°00'34" E 67.69' 333.00' 133.56' 132.67' C16 j 23010'48" j S 10°54'36" W j 54.76' j 267.00' j 108.02' j 107.28' PHILIP GLEN LEMMON INST. NO. 22101444 MARK WALDRAM INST. NO. 21516454 MARK R. WALDRAM INST. NO. 21307556 15' PRIVATE I ITII ITV FACFMFNIT ELLIS CONSTRUCTION INST. NO. 20710370-1 I I LOT 1 - ' 48,469 SF (SEE NOTE 8) I BLOCK 1 ,-��SEE NOTE 7 NOTES It 1 . EXISTING ZONING: CITY OF CHUBBUCK - PUD 2. LOT SIZE DATA PROPOSED LOT SIZE: 1,150 S.F. 3. SUBDIVISION STATS: 6.58 ACRES 55 TOTAL LOTS 54 RESIDENTIAL 1 OPEN SPACE 1 COMMON AREA 4. GAS, POWER, CABLE TV ETC. TO BE PROVIDED 5. EASEMENTS ARE 15' (FT.) WIDE UNLESS OTHERWISE NOTED 6. STORM WATER GENERATED SHALL BE DETAINED ON SITE IN ROADSIDE SWALES AND IN AND POCKET AREAS WITHIN THE COMMON AREA 7. TEMPORARY STORM WATER EASEMENT TO BE TERMINATED UPON RECORDING OF PROPOSED SUBDIVISION PLAT 8. LOT 1 BLOCK 1 IS AN OPEN SPACE LOT THAT WILL BE DEDICATED TO THE CITY OF CHUBBUCK 9. EXISTING UTILITIES TO BE RELOCATED AND / OR ABANDONED DEPENDING ON CONDITIONS AND PLACEMENT 10. ALL PRIVATE DRIVES, WATER SERVICE PAD LOCATIONS, FIRE HYDRANTS ETC. SHALL BE COVERED IN THEIR ENTIRETY WITH A UTILITY AND ACCESS EASEMENT GRANTED TO THE CITY OF CHUBBUCK. LEGEND PROPOSED BOUNDARY LINE PROPOSED PROPERTY LINE PROPOSED EASEMENT LINE PROPOSED CENTER LINE SECTION LINE EXISTING PROPOSED HALF SIZE SCALE (12"x18") 1 INCH = 80 FEET 0 20 40 80 0 20 40 80 1 INCH = 40 FEET FULL SIZE SCALE (24"x36") PRELIMINARY PLAT FOR: COPPERFIELD LANDING - DIVISION 6 LOCATED IN THE NE 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO �SS\ONALFN \ \ST ER �., 863 G R DEVELOPER INFORMATION NAME SUMMIT BUILDING GROUP 940 SOUTH 5TH WEST CONTACT BRANDT MONETTE ADDRESS #12308 PHONE (775) 830-6526 REXBURG IDAHO, 83440 SHEET INFORMATION DRAWN BY BMS CHECKED BY JMG PROJECT # 21-074 DATE CREATED 8/10/21 LAST REVISED 8/10/21 FILE PATH R:\21\Summit Building Group\Copperfield Landing Division 6 (21-074)\DES\PLAN\CL6 Preliminary Plat.dwg TM . En h7 r ry r $ P/ nn r q eessSu eyos a es 600 East Oak Street Pocate1101 /D 83201 [208)2.14-0110 www.rmes.bii / COUNTOUR LINES V1 -N -N- / WATER LINE IRRI ) / IRRIGATION LINE i SEWER LINE -SS-)-/ / STORM LINE -SID-) Old UE- / -0LJ---UE UNDERGROUND / OVERHEAD POWER LINE G G C / G G G- GAS LINE T FO / -T FO- TELEPHONE / FIBER LINE CATV CATV CATV CATV - CABLE TV LINE / SIDEWALK / C-- STANDARD CURB / RIBBON CURB / ♦ / ♦ / • FIRE HYDRANT/ WATER VALVE / > s / o WATER METER / WATER SERVICE / o / IRRIGATION BOX/ IRRIGATION SERVICE O• O• SEWER MANHOLE �= m SEWER SERVICE O• / 9 f STORM MANHOLE / STORM CATCH BASIN POWER POLE / POWER BOX GAS METER TELEPHONE BOX/ FIBER OPTIC BOX CABLE TV BOX HALF SIZE SCALE (12"x18") 1 INCH = 80 FEET 0 20 40 80 0 20 40 80 1 INCH = 40 FEET FULL SIZE SCALE (24"x36") PRELIMINARY PLAT FOR: COPPERFIELD LANDING - DIVISION 6 LOCATED IN THE NE 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO �SS\ONALFN \ \ST ER �., 863 G R DEVELOPER INFORMATION NAME SUMMIT BUILDING GROUP 940 SOUTH 5TH WEST CONTACT BRANDT MONETTE ADDRESS #12308 PHONE (775) 830-6526 REXBURG IDAHO, 83440 SHEET INFORMATION DRAWN BY BMS CHECKED BY JMG PROJECT # 21-074 DATE CREATED 8/10/21 LAST REVISED 8/10/21 FILE PATH R:\21\Summit Building Group\Copperfield Landing Division 6 (21-074)\DES\PLAN\CL6 Preliminary Plat.dwg TM . En h7 r ry r $ P/ nn r q eessSu eyos a es 600 East Oak Street Pocate1101 /D 83201 [208)2.14-0110 www.rmes.bii PRELIMINARY PLAT FOR: COPPERFIELD LANDING = DIVISION 6 LOCATED IN THE NE 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO 20.83' 0 N 0 N O 13.33' 12.5' TYPICAL LOT SIZE z z 2.0' 15.0' I 15.0' 2.0' ZD m m U 0 0 LU 1.0' v < 2.0% SLOPE 2.0% SLOPE U_ TYPICAL DRIVEWAY Z GL 6SHEET IS NOT TO SCALE 15.0' 33.0' 33.0' 15.0' Q Z w I zl 9.0' SWALE 24.0' 24.0' 9.0' SWALE iQ< II z Qi J LU I O O w N I 1.0' 1.0' LU oc 2.5% SLOPE 2.5%SLOPE oc w 7 A:1 FUTURE 4' SIDEWALK PRELIMINARY PLAT FOR: TYPICAL 66' STREET SECTION (TRUEMAN STREET) (BY LOT OWNER) COPPERFIELD LANDING - DIVISION 6 LOCATED IN THE NE 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO 60.0' 15.0' LU k 10.0' z DEVELOPER INFORMATION EXISTIN ROAD Q o MULTI USE PATH Iz S10NAE F EBRAN MMIT BUILDING GROUP 940 SOUTH 5TH WEST 12.5' 12.5' 14.5' ROAD WIDENING 20.5' LANDSCAPING BY DEVELOPER o LOCATION MAY VARY S N•\ G\STE �. I� �� �F, RF�7 .� ANDY MONETTE ADDRESS #12308 2.0' _ LU Imo' a� REXBURG IDAHO, 83440 2.5% SLOPE W ; 3 5) 830 6526 SHEET INFORMATION S CHECKED BY JMG TEOF1DPgiHELL -074 DATE CREATED 8/10/21 LAST REVISED 8/10/21 TYPICAL SIPHON ROAD STREET SECTION CGR21\Summit Building Group\Copperfield Landing Division 6 1-074)\DES\PLAN\CL6 Preliminary Plat.dwg TM jeffiffAWWO . Engineers Surveyors q eerssSu eyors s 600 East Oak Street Pocate1101 /D 83201 (208) 234-0110 www.rmes.bii Copperfield Landing Division No. 6 - Preliminary Plat Narrative 1. The subdivision proposal complies with the applicable provisions of this title. The current project as proposed meets the applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable City design standards and development regulations. All lot sizes, rights -of way, roadways, utilities etc. have been designed to comply with the city standards and development regulations. 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. The current project is located within an approved PUD within the city and will follow the same parameters and guidelines as the previous phases. 4. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. The current layout of the project allows for future extension of public facilities to the north along Trueman Street. There are no areas within this develop that prevent or control access to adjacent lands. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A Proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. The proposed project will consist of 54 households. Assuming an overall national average of 10 trips per single family household per day (54 x 10 = 540) and 1 peak hour trip per day (54 x 1 = 54), the 540 total trips per day and 54 total peak hour trips per day will not generate enough peak hour trips or total trips to warrant a traffic impact study. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents connection to abutting streets or property. As stated in item #4, the proposed layout will allow for future continuation of the roads to the north along Trueman Street. There are no natural features or topography that will prevent future connections. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. The proposed subdivision will have sidewalks connected throughout the project that will tie into previous phases of the neighborhood. This will provide adequate transportation routes for both bicycle and pedestrian traffic to circulate throughout the neighborhoods. 8. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately sized easements (Ord. 773, 2018) The proposed project will have new water, sewer and irrigation utilities provided within the right-of-way as well as a 15' public utility easement provided within the platted subdivision for public utilities i.e. phone, cable, power and gas, to install their infrastructure to provide services to the new townhomes that will be built. Exhibit 5a: Comprehensive Plan Future Land Use Map Copperfield Landing Division 6 CHUBBUCK IORNO Future -Desi gnation Commercial Employment High Density Lowy Density Medium Density Mixed Use PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Exhibit 5b: Current Zoning Copperfield Landing Division 6 Landuse_Category DAgriculture (A) M Creative Community M Dense Residential (R-4) 0 General Commercial (C-2) F-1 Industrial (1) M Limited Commercial (C-1) M Limited Residential (R-2) E Limited Residential - P (R-213) M Planned Unit Development (PUD) M Single Family Residential (R-1) A: 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 6: Evidence of Notice a. Site Posting b. Agency notices on file with staff a. Site Posting Sign posted August 23, 2021 on Siphon Rd. at entrance. Sign posted August 23, 2021 at Trueman St. and McKay St. intersection. CHUBBUCK 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Impact Fee Calculations Review City of Chubbuck Land Use and Development Commission Meeting September 14, 2021 ZIONS ©0 PUBLIC FINANCE,INC. 1 ®® Development Impact Fees Overview • Development Impact Fees are an equitable way to plan and finance public facilities needed to serve new growth and development. • Impact Fees: — ensure adequate public facilities are available to serve new growth; — Promote orderly growth and development by establishing uniform standards for a local government to require new growth to pay their proportionate share of the cost of new public facilities; and — Ensure that new growth and development PAYS NO MORE than their proportionate share of the public facilities. • Development Impact Fees are regulated by Title 67, Chapter 82 of the Idaho State Code. • City contracted with Zions Public Finance in spring of 2017 to complete the impact fee analyses in accordance with state law and Impact Fee Advisory Committee met regularly to make decisions on the impact fee analyses. Impact Fee Advisory Committee Requirements • Any entity considering adopting an impact fee must establish an advisory committee • The committee must have at least S members, at least 2 of these members must be from the development/real estate community. An existing planning or zoning commission can serve as the committee as long as it meets those requirements • The committee's purpose is to: — Assist in adopting land use assumptions — Review and monitor Capital Improvement Plans (CIPS) and amendments — File written comments and periodic reports (at least annually) — Recommend updating land use assumptions, CIPS, and impact fees • The City needs to give the committee all related materials Impact Fee Key Terms • Impact Fee: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. • Proportionate Share: The portion of the cost of a system improvement which reasonably relates to the service demands and needs of the project. • level of Service: Measure of the relationship between service capacity and service demand for public facilities. Project vs System Improvements • Project Improvements — Cannot be included in an impact fee — Generally considered improvements that do not benefit the City as a whole (such as neighborhood improvements) — HOA improvements (not available for public use outside of the HOA association or funded with HOA fees, not City revenues) — Improvements beyond the requirements of City Code • System Improvements — Improvements that do benefit the City as a whole, have a useful life of ten or more years, and can be included in impact fees How the Impact Fees are Calculated • For each impact fee study, we looked at: — Historic costs of system improvements, — Future capital improvements the City has planned, and — The excess capacity or existing deficiencies in the historic or future capital facilities • A project with excess capacity can serve new growth without lowering the level of service for existing City residents • A project with an existing deficiency does not adequately serve existing City residents and cannot serve new growth unless the capacity of the project is increased or upgraded do 2018 Development Impact Fee Analysis 2018 Impact Fee Analysis covers: • Parks &Recreation Impact Fee • Police and Animal Control Impact Fee • Emergency Services (Fire and EMS) Impact Fee Parks Impact Fee Analysis Level of Service • Parks Master Plan park inventory was used to determine the parks level of service — Current level of service was determined to be 5.22 impact fee qualifying park acres per 1,000 residents — $277,275 park amenities per 1,000 residents (amenities include playgrounds, picnic tables, sports field improvements, etc.) z9VER omitImpact Acreage LOS Per 1,000 Fee Qualifying Parks Acres Qualifying Cost Community Neighborhood 51.69 24.78 $ 7,139,163 650,279 3.53 1.69 Park Total 76.48 $ 7,789,442 5.22 Amenities Total Cost of Existing Amenities Amenities LOS Per 1,000 Amenities - $ 3,328,212 $ 227,275 Amenities Total - $ 3,328,212 $ 227,275 Parks Impact Fee Analysis • "Community" and "Neighborhood" parks are impact fee qualifying. — The City had more than 76.5 acres of park land at the time of the 2018 study, but only those 76.5 acres meet the definition of "impact fee qualifying". — Mini parks are not qualifying. — Park land that was donated to the City is not impact fee qualifying. If current residents didn't have to pay money for it, then future residents shouldn't have to either. • Park amenities that were donated are not impact fee qualifying. — All other amenities that the City funded (or received in lieu of fees that a developer owed the City) are impact fee qualifying. Parks Impact Fee per Capita • Parks impact fees are assessed to residential units only. Not to businesses or any other land use types. • The impact fee per capita is calculated first and then an impact fee per household can be calculated. • Impact Fee per Capita Calculation: Calculation of Park Impact Fee Per Capita Total Impact Fee Eligible Park Acres (76.5 acres @$20,000) Cost $ 1,529,538 Population -. 14,644 $ Fee P - Capita 104.45 Amenities Cost 3,328,212 14,644 227.27 Improvement Costs ($2.25 per Sq Ft) 7,495,501 14,644 511.85 Professional Expenses 10,000 14,644 0.68 Total Park Impact Fee Per Capita $ 844.25 Parks Impact Fee per Household • The City had an average of 2.79 persons per household(PPH) for single family houses and 2.60 PPH for multi -family units. • Impact fee per capita of $844 is multiplied by the average PPH to come up with the final parks impact fee per household. Impact Fee CalculationmA Fee Per �nAit Average Household Size/Total Single Family Residential (SFR) Units 2.79 Gross Park Impact Fee per SFR Household $ 2,355 Average Household Size/Multi Family (MFR) Units 2.60 Gross Park Impact Fee per MFR Household $ 2,195 Police/Animal Control and Emergency Services Impact Fees • Police/Animal Control and Emergency Services impact fees are both calculated based on the number of historic calls the City receives by land use type (single family, multi -family, commercial, etc.) per year. • Annual average number of "Calls per unit" for each land use type tells us what the impact will be on the call volume when a new development/home is built. • The impact fee "cost per call" is calculated based on the historic and future costs of stations, vehicles/apparatus, etc. • Cost per call is multiplied by the annual calls per unit to calculate an impact fee for each development type. Police and Animal Control Impact Fee Analysis • We did not include the cost of the existing police station and the animal shelter because there was an existing deficiency. • Future facilities included a new, expanded animal shelter, police headquarters station expansion, and two police substations to be built in conjunction with new fire stations. • Table below shows the cost per police/animal control call ($296.35 per call), the calls per unit for each development type, and the resulting impact fee per unit: Emergency Services Impact Fee Analysis • The existing fire station has excess capacity to serve new growth, however, we did not include a cost for the existing fire station because it was built so long ago there isn't record of the original cost. • Future facilities include two new fire stations, West Fire Station and North Fire Station, to serve the west and north areas. • Table below shows the cost per emergency services call ($2,718 per call), the calls per unit for each development type, and the resulting impact fee per unit: ergency Services Cost per Calls per Impact Fee MM Call Unit per Single Family Residential Unit $ 2,718 0.101 $ 274.01 Multi -Family Residential Unit 2,718 0.090 243.45 Non Residential General Commercial (per 1,000 SF) $ 2,718 0.113 $ 308.13 Office (per 1,000 SF) 2,718 0.053 145.41 Institutional (per 1,000 SF) 2,718 0.016 43.73 Contact Information Megan Weber Anderson Financial Analyst Zions Public Finance, Inc. 800 W. Main St., Suite 700 Boise, ID 83702 Office: 208-501-7482 Cell: 541-270-7664 Impact Fee Calculations Review City of Chubbuck Land Use and Development Commission Meeting September 14, 2021 November 5, 2013 ZIONNO II:) U B L U M [7H,MND[ n II IN C" Development Impact Fees Overview • Development Impact Fees are an equitable way to plan and finance public facilities needed to serve new growth and development. • Impact Fees: — ensure adequate public facilities are available to serve new growth; — Promote orderly growth and development by establishing uniform standards for a local government to require new growth to pay their proportionate share of the cost of new public facilities; and — Ensure that new growth and development PAYS NO MORE than their proportionate share of the public facilities. • Development Impact Fees are regulated by Title 67, Chapter 82 of the Idaho State Code. • City contracted with Zions Public Finance in spring of 2017 to complete the impact fee analyses in accordance with state law and Impact Fee Advisory Committee met regularly to make decisions on the impact fee analyses. Impact Fee Advisory Committee Requirements • Any entity considering adopting an impact fee must establish an advisory committee • The committee must have at least 5 members, at least 2 of these members must be from the development/real estate community. An existing planning or zoning commission can serve as the committee as long as it meets those requirements • The committee's purpose is to: — Assist in adopting land use assumptions — Review and monitor Capital Improvement Plans (CIPS) and amendments — File written comments and periodic reports (at least annually) — Recommend updating land use assumptions, CIPS, and impact fees • The City needs to give the committee all related materials Impact Fee Key Terms • Impact Fee: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. • Proportionate Share: The portion of the cost of a system improvement which reasonably relates to the service demands and needs of the project. • level of Service: Measure of the relationship between service capacity and service demand for public facilities. Project vs System Improvements • Project Improvements — Cannot be included in an impact fee — Generally considered improvements that do not benefit the City as a whole (such as neighborhood improvements) — HOA improvements (not available for public use outside of the HOA association or funded with HOA fees, not City revenues) — Improvements beyond the requirements of City Code • System Improvements — Improvements that do benefit the City as a whole, have a useful life of ten or more years, and can be included in impact fees How the Impact Fees are Calculated • For each impact fee study, we looked at: — Historic costs of system improvements, — Future capital improvements the City has planned, and — The excess capacity or existing deficiencies in the historic or future capital facilities • A project with excess capacity can serve new growth without lowering the level of service for existing City residents • A project with an existing deficiency does not adequately serve existing City residents and cannot serve new growth unless the capacity of the project is increased or upgraded 2018 Development Impact Fee Analysis 2018 Impact Fee Analysis covers: • Parks &Recreation Impact Fee • Police and Animal Control Impact Fee • Emergency Services (Fire and EMS) Impact Fee Parks Impact Fee Analysis Level of Service • Parks Master Plan park inventory was used to determine the parks level of service — Current level of service was determined to be 5.22 impact fee qualifying park acres per 1,000 residents — $277,275 park amenities per 1,000 residents (amenities include playgrounds, picnic tables, sports field improvements, etc.) Parks Recreation LOS - Current Inventory Impact Fee Qualifying Parks Acres Qualifying Cost Acreage LOS Per 1,000 Community Neighborhood Pairlk Total 51.69 24.78 76.48 $ 7,139,163 650,279 $ 7,789,442 3.53 1.69 5.22 Amenities Total Cost of Existing Amenities Amenities LOS Per 1,000 Amenities - $ 3,328,212 $ 227,275 Amenities Total - $ 3,328,212 $ 227,275 Parks Impact Fee Analysis • "Community" and "Neighborhood" parks are impact fee qualifying. — The City had more than 76.5 acres of park land at the time of the 2018 study, but only those 76.5 acres meet the definition of "impact fee qualifying". — Mini parks are not qualifying. — Park land that was donated to the City is not impact fee qualifying. If current residents didn't have to pay money for it, then future residents shouldn't have to either. • Park amenities that were donated are not impact fee qualifying. — All other amenities that the City funded (or received in lieu of fees that a developer owed the City) are impact fee qualifying. Parks Impact Fee per Capita • Parks impact fees are assessed to residential units only. Not to businesses or any other land use types. • The impact fee per capita is calculated first and then an impact fee per household can be calculated. • Impact Fee per Capita Calculation: Calculation of Park Impact Fee Per CapitaCost . Population Served Capita Total Impact Fee Eligible Park Acres (76..5 acres @$20,000) $ 1,529,538 14,644 $ 104.45 Amenities Cost 3,328,212 14,644 227.27 Improvement Costs ($2.25 per Sq Ft) 714915,501 14,644 511.85 Professional Expenses 10,000 14,644 0.68 Total (Park Impact Fee Per Capita 844.2.5 Parks Impact Fee per Household • The City had an average of 2.79 persons per household(PPH) for single family houses and 2.60 PPH for multi -family units. • Impact fee per capita of $844 is multiplied by the average PPH to come up with the final parks impact fee per household. Impact FeeCalculation Fee Per Unit Police/Animal Control and Emergency Services Impact Fees • Police/Animal Control and Emergency Services impact fees are both calculated based on the number of historic calls the City receives by land use type (single family, multi -family, commercial, etc.) per year. • Annual average number of "Calls per unit" for each land use type tells us what the impact will be on the call volume when a new development/home is built. • The impact fee "cost per call" is calculated based on the historic and future costs of stations, vehicles/apparatus, etc. • Cost per call is multiplied by the annual calls per unit to calculate an impact fee for each development type. Police and Animal Control Impact Fee Analysis • We did not include the cost of the existing police station and the animal shelter because there was an existing deficiency. Future facilities included a new, expanded animal shelter, police headquarters station expansion, and two police substations to be built in conjunction with new fire stations. Table below shows the cost per police/animal control call ($296.35 per call), the calls per unit for each development type, and the resulting impact fee per unit: Police Cost per Calls .- r lmpaa Call Unit per Residential Single-Familly Residential Unit $ 296.35 0.781 $ 231.56 Mullti-Family Residential Unit 2.96.35 01.522 154.83 Nen Residential General) Commercial (pier 1,000 SF) $ 2.96.35 1.254 $ 371.61 Office (pier 1,000 SF) 296.35 0.161 47.72 Institutional (pier 1,000 SF) 296.35 0.229 67.92 Emergency Services Impact Fee Analysis • The existing fire station has excess capacity to serve new growth, however, we did not include a cost for the existing fire station because it was built so long ago there isn't record of the original cost. • Future facilities include two new fire stations, West Fire Station and North Fire Station, to serve the west and north areas. • Table below shows the cost per emergency services call ($2,718 per call), the calls per unit for each development type, and the resulting impact fee per unit: Contact Information Megan Weber Anderson Financial Analyst Zions Public Finance, Inc. 800 W. Main St., Suite 700 Boise, ID 83702 Office: 208-501-7482 Cell: 541-270-7664 Resolution No. 2021-01 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 HARVEST SPRINGS 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 Harvest Springs Urban Renewal Project (the "Harvest Springs Plan") to the City; and WHEREAS, the Mayor and Chubbuck City Council referred the Harvest Springs Plan to the City Land Use and Development Commission for review and recommendations concerning the conformity of said Harvest Springs Plan with the City's Comprehensive Plan, Our Valley, Our Vision, as amended (the "Comprehensive Plan"); and WHEREAS, on September 14, 2021, the City Land Use and Development Commission met to consider whether the Harvest Springs 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 Harvest Springs Plan in view of the Comprehensive Plan; and WHEREAS, the City Land Use and Development Commission has determined that the Harvest Springs 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 Harvest Springs 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 Harvest Springs 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 Harvest Springs Plan. Resolution No. 2021-01 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 14th day of September 2021. APPROVED: ATTEST: Jason Mendenhall Chair, Land Use & Development Commission Joey Bowers City Clerk CHUBBUCI( The urban renewal agency in the City of Chubbuck, Idaho Memo To: Land Use & Development Commission City of Chubbuck City Hall 290 E Linden Ave. Chubbuck, ID 83202.0006 208.237.2400 From: Devin Hillam, CDA Executive Director; Community Services & Economic Development Director Date: September 9, 2021 Re: Adoption of Resolution 2021-1 Harvest Springs Urban Renewal Plan. In compliance with the 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 Harvest Springs Urban Renewal Plan, slated for review and approval by the Chubbuck Development Authority on September 7, 2021, will be presented to the Commission for review and recommendations as to the plan's conformity with the City of Chubbuck's Comprehensive Plan. (Action Item) Summary of Reauest 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 Harvest Springs Urban Renewal Project (the "Plan") was reviewed and adopted by the Chubbuck Development Authority on September 7, 2021, pursuant to Agency Resolution 2020-06, and has been transmitted to the Mayor and now is up for review by the Land Use & Development Commission. 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 at a future date following the required notice period. The Plan area consists of approximately 307 acres north of New Day Parkway and generally between Hiline Road and Interstate 15. The entire area has been annexed into Chubbuck city limits and is currently zoned Exhibit A pg. 1 J:\Administration\Chubbuck Development Huinoriiy\ivew Day Areas\Harvest Springs URA Plan\To LUDC\Final_CDA to LUDC_Memo for Harvest Springs URA recommendation_9.8.21.docx for mixed uses under the Creative Community -Harvest Springs zoning district and Agriculture. The Plan area consists of two development projects with the largest being the Harvest Springs Creative Community with an approved community master plan and specific zoning standards on its approximately 267 acres and the smaller development being currently planned by Chris Freed on approximately 40 acres. The land in the Plan proposes a mix of uses including general commercial, office professional, medical, 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, trails 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 Staff finds the Harvest Springs Urban Renewal Project to conform to the goals of the City of Chubbuck's Comprehensive Plan and finds that it meets the standards of the applicable Idaho Code sections for the creation of the district area. 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; installation and construction of pathways; improvements for parks, open space, and trail networks; and improvement of storm drainage facilities; b. The planning, design and construction of proposed improvements to roadways to enhance connectivity including the planning, design and construction of the Harvest Springs Boulevard connection to New Day Parkway, the proposed bridge to connect the Harvest Springs collector road to Hiline Road (subject to annexation of the roadway into the City), and improvements to other existing roadways and intersections within the Project Area; C. The replanning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; Exhibit A pg. 2 J:\Administration\Chubbuck Development Huinoniy\ivew Day Areas\Harvest Springs URA Plan\To LUDC\Final_CDA to LUDC_Memo for Harvest Springs URA recommendation_9.8.21.docx 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; 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; 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; i. 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; j. The acquisition of real property to support development and/or redevelopment initiatives consistent with the Law and Act; and k. The funding of necessary public infrastructure to accommodate both public and private development. Exhibit A pg. 3 J:\Administration\Chubbuck Development Huinoniy\ivew Day Areas\Harvest Springs URA Plan\To LUDC\Final_CDA to LUDC_Memo for Harvest Springs URA recommendation_9.8.21.docx Staff has identified the following goals, objectives, and policies as potentially applying to this urban renewal propose, decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is within City limits and the Urban Service Boundary and able to be served by municipal infrastructure and services once extended to the site. 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 This Plan area is in the immediate vicinity of the new Northgate Interchange and as such, is ripe for development. Although on the fringe on the city, these properties lie between the interstate and the existing city and make incredible sense to develop in the City, particularly at the densities and lands uses proposed to maximize service and infrastructure efficiencies and to lessen demands on the rest of the transportation system (compared to growing on the City's western fringe). POLICY d. Use impact fee reductions, fee waivers, tax credit strategies, etc. to encourage infill and redevelopment COMMENT Through repayment of tax increment for major arterials, water/sewer lines, and infrastructure that would not otherwise be financially feasible to the developer (non -Idaho power street lights, sign poles, paths, etc.), the Plan will help create economically viable development in the City that should serve to model desired community design features for other developments in the area. GOAL 4.3 PROVIDE CONVENIENT COMMERCIAL SERVICE LOCATIONS AND LIMIT THEIR ADVERSE IMPACTS ON TRANSPORTATION SYSTEMS, RESIDENCES, AND VISUAL INTEGRITY OBJECTIVE 4.3.1 Adopt appropriate commercial zoning to allow for a variety of commercial goods and services at community centers, which should be located within walking distance of residents of one or more neighborhoods POLICY a. Adopt appropriate Neighborhood Commercial zoning to allow small-scale commercial development at neighborhood centers that serves the daily needs of neighborhood residents COMMENT Both developments within the Plan area offer walkable neighborhood uses for nearby residents. Together with the planned trails and paths, these neighborhood commercial uses will accessible through a variety of modalities. 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 As found during the Creative Community - Harvest Springs zone and master development plan approval phase, the creative community zoning district is allowed anywhere in the city regardless of future land use designation area. Specifically within the Plan area, the future land use designations per the Comprehensive Plan are medium density residential, mixed uses, and commercial. These developments within the proposed urban renewal plan area satisfy this policy. Exhibit A pg. 4 J:\Administration\Chubbuck Development Huinoniy\ivew Day Areas\Harvest Springs URA Plan\To LUDC\Final_CDA to LUDC_Memo for Harvest Springs URA recommendation_9.8.21.docx POLICY b. Use a combination of zoning, performance requirements, site planning, and transportation routes to create the highest level of compatibility between adjacent uses while retaining a complementary mix of possible uses within neighborhoods and communities COMMENT While both developers in the Plan area are committed to high quality development we anticipate that Buffalo Hollow will develop more in line with those developments found traditionally in the City, albeit with a better transportation plan and better parks and recreational amenities. Harvest Springs' Creative Community District uses zoning, performance requirements, site planning, and transportation to create complementary lands uses both internally and with surrounding land uses. POLICY g. Ensure an adequate supply of commercial land sensitive to market trends COMMENT Both developments in the Plan area have opportunities to respond to the market trends and through design requirements, will have commercial uses that are very compatible with surrounding development. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas POLICY a. Use design standards to encourage compatibility of mixed use development with surrounding areas COMMENT While both developers in the Plan area are committed to high quality development, we anticipate that Buffalo Hollow will develop more in line with those developments found traditionally in the City, albeit with a better transportation plan and better parks and recreational amenities. Harvest Springs' Creative Community District uses zoning, performance requirements, site planning, and transportation to create complementary lands uses both internally and with surrounding land uses. POLICY b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers COMMENT Harvest Springs Creative Community is an already identified and approved mixed use community. CHAPTER 5: TRANSPORTATION GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT Both developments within the Plan area will develop at densities that are above the historical average and will better help support transit service and which will help preserve agricultural lands around Chubbuck. Both development areas have been historically farmed but in recognition of the growth that our area is seeing, obtaining the higher densities of these developments is much better than lower density traditional developments either in the County or the City. CHAPTER 6: COMMUNITY DESIGN GOAL 6.1: INVEST IN THE IMPROVED APPEARANCE OF OUR CITY AND STIMULATE IMPROVEMENTS BY THE PUBLIC SECTOR OBJECTIVE 6.1.1 Improve compliance with codes on property appearance POLICY a. Adopt a revised development code implementing "smart" development concepts outlines in the Our Valley, Our Vision project COMMENT The Harvest Springs Creative Community has heightened community and aesthetic requirements and for both developments, active HOAs can help ensure that properties are well-maintained for decades to come. OBJECTIVE 6.1.2 Contribute to the appearance of neighborhoods and communities through placement and design of public parks Exhibit A pg. 5 J:\Administration\Chubbuck Development Huinoray\ivew Day Areas\Harvest Springs URA Plan\To LUDC\Final_CDA to LUDC_Memo for Harvest Springs URA recommendation_9.8.21.docx POLICY a. Establish park design standards and guidelines to enable the development of attractive, functional, low maintenance parks that generally serve as the focal points for neighborhoods and communities COMMENT The developments in the Plan area contain well-designed public spaces that will serve the broader public as well as the residents within the communities with smaller park spaces interspersed throughout the developments. GOAL 6.3 IN NEW NEIGHBORHOODS, PROVIDE A BETTER MIX OF RESIDENTIAL AND COMMERCIAL LAND USES AND A MORE WALKABLE COMMUNITY OBJECTIVE 6.3.1 Create new pedestrian -oriented neighborhoods within areas identified as New Neighborhoods on the Growth management Plan Map POLICY a. Establish Neighborhood Plan Districts to guide new development within the areas identified as New Neighborhoods on the Growth Management Plan Map COMMENT Both developments in the Plan area are designed with shorter than normal blocks and contain multi -use pathways to provide from better pedestrian and bicycle connectivity and both developments complement one another in this regard. OBJECTIVE 6.3.2 Use neighborhood design principles for new development within Neighborhood Plan Districts, as defined on the Growth Management Plan Map POLICY a. New neighborhoods shall be designed to meet the following design principles: i. Connect streets with other streets to provide a network. ii. Use distinct edges or boundaries to define the neighborhood. 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. COMMENT Both developments meet or will meet this requirement. POLICY b. Assure that future developments results in the establishment of recognizable neighborhoods, communities, and districts COMMENT Both developments meet or will meet this requirement through either the zoning standards of the creative community zoning district or through enhanced HOA requirements. . STRATEGY Use new neighborhood design standards COMMENT Both developments meet or will meet this requirement through either the zoning standards of the creative community zoning district or through enhanced HOA requirements. . CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process COMMENT The developments in the Plan area contain well-designed public spaces that will serve the broader public as well as the residents within the communities with smaller park spaces interspersed throughout the developments. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled Exhibit A pg. 6 J:\Administration\Chubbuck Development Huinoniy\ivew Day Areas\Harvest Springs URA Plan\To LUDC\Final_CDA to LUDC_Memo for Harvest Springs URA recommendation_9.8.21.docx POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT Both developments in the Plan area are designed with shorter than normal blocks and contain multi -use pathways to provide from better pedestrian and bicycle connectivity and both developments complement one another in this regard and propose a mix of uses. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT The housing within the Plan area will hit every angle of housing from lower density residential to higher density multi -family complexes. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities COMMENT The Creative Community zoning standards for the Harvest Springs development will ensure high compatibility of land uses. The Buffalo Hollow development has been in close coordination with Harvest Springs and intends to develop in a compatible manner with that development and with surrounding developments. GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY a. Single-family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted COMMENT Both developments within the Plan area will develop at densities that are above the historical average and will better help support transit service and which will help preserve agricultural lands around Chubbuck. Both development areas have been historically farmed but in recognition of the growth that our area is seeing, obtaining the higher densities of these developments is much better than lower density traditional developments either in the County or the City. POLICY b. Two-family dwellings: Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear to be a single unit COMMENT Both developments within the Plan area will develop at densities that are above the historical average and will better help support transit service and which will help preserve agricultural lands around Chubbuck. Both development areas have been historically farmed but in recognition of the growth that our area is seeing, obtaining the higher densities of these developments is much better than lower density traditional developments either in the County or the City. POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT Both developments within the Plan area will develop at densities that are above the historical average and will better help support transit service and which will help preserve agricultural lands around Chubbuck. Both development areas have been historically farmed but in recognition of the growth that our area is seeing, obtaining the higher densities of these developments is much better than lower density traditional developments either in the County or the City. Exhibit A pg. 7 J:\Administration\Chubbuck Development Huinoray\ivew Day Areas\Harvest Springs URA Plan\To LUDC\Final_CDA to LUDC_Memo for Harvest Springs URA recommendation_9.8.21.docx CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT These new developments will have mixed uses throughout the Plan area with neighborhood commercial uses serving the immediate area. Exhibit A pg. 8 J:\Administration\Chubbuck Development Huinoray\ivew Day Areas\Harvest Springs URA Plan\To LUDC\Final_CDA to LUDC_Memo for Harvest Springs URA recommendation_9.8.21.docx URBAN RENEWAL PLAN FOR THE HARVEST SPRINGS URBAN RENEWAL PROJECT THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, ALSO KNOWN AS THE CHUBBUCK DEVELOPMENT AUTHORITY Ordinance No.: Adopted Date: Effective Date: TABLE OF CONTENTS 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............................................................................................... 7 105 Open Land Criteria................................................................................................ 10 200 DESCRIPTION OF PROJECT AREA....................................................................................... 11 300 PROPOSED REDEVELOPMENT ACTIONS........................................................................... 11 301 General..................................................................................................................11 302 Urban Renewal Plan Objectives............................................................................ 13 303 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......................................................................................... 19 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project.................................................................... 19 308 Demolition, Clearance and Site Preparation........................................................ 20 309 Property Disposition and Development............................................................... 20 309.1 Disposition by the Agency......................................................................... 20 309.2 Disposition and Development Agreements .............................................. 20 309.3 Development by the Agency..................................................................... 22 310 Development Plans...............................................................................................22 311 Participation with Others...................................................................................... 22 312 Conforming Owners.............................................................................................. 23 313 Arts and Cultural Funding..................................................................................... 23 400 USES PERMITTED IN THE PROJECT AREA.......................................................................... 23 401 Designated Land Uses...........................................................................................23 402 Public Rights-of-Way............................................................................................. 23 403 Interim Uses..........................................................................................................24 404 Development in the Project Area Subject to the Plan .......................................... 24 405 Construction Will Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards ................................................ 25 406 Nonconforming Uses............................................................................................ 25 407 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement ................................................... 25 I 500 METHODS OF FINANCING THE PROJECT.......................................................................... 26 501 General Description of the Proposed Financing Method.....................................26 502 Revenue Allocation Financing Provisions............................................................ 26 502.1 Economic Feasibility Study........................................................................ 28 502.2 Assumptions and Conditions/Economic Feasibility Statement ................ 28 502.3 Ten Percent Limitation.............................................................................. 29 502.4 Financial Limitation...................................................................................30 502.5 Participation with Local Improvement Districts ....................................... 32 502.6 Issuance of Debt and Debt Limitation...................................................... 32 502.7 Impact on Other Taxing Districts and Levy Rate ....................................... 32 503 Phasing and Other Fund Sources.......................................................................... 34 504 Lease Revenue and Bonds.................................................................................... 34 505 Membership Dues and Support of Community Economic Development ............ 35 600 ACTIONS BY THE CITY........................................................................................................ 35 601 Maintenance of Public Improvements................................................................. 36 700 ENFORCEMENT.................................................................................................................36 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW ...................................... 36 900 PROCEDURE FOR AMENDMENT OR MODIFICATION........................................................ 38 1000 SEVERABILITY....................................................................................................................38 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS ........................................... 38 1200 ATTACHMENTS.................................................................................................................39 ii Attachments Attachment 1 Boundary Map of Harvest Springs Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Harvest Springs 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 Harvest Springs Urban Renewal Project (the "Project") in the City of Chubbuck (the "City"), state of Idaho, as 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. The Plan includes the following attachments: Attachment 1 -Boundary Map of Harvest Springs Urban Renewal Project Area and Revenue Allocation Area ("Project Area Map"), Attachment 2 -Legal Description of Harvest Springs Urban Renewal Project Area and Revenue Allocation Area ("Project Area Legal Description"); 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 ("Project Area Land Use Map"); Attachment 5 -Economic Feasibility Study ("Study"); and Attachment 6 - Agricultural Operation Consents. Collectively, Attachments 1-6 may be referred to as the "Plan Attachments." As used in this Plan, the term "Project" describes 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 Harvest Springs Project Area is also referred to as the "Project Area" or "Revenue Allocation Area." 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 time frame of the Plan to implement the improvements identified in the Study, with the need for specificity as required by Idaho Code § 50- 2905. The Plan narrative addresses the required elements of a plan described in Idaho Code § 50- 2905(1), (5), (7) and (8). The Study and the Plan narrative meet the specificity requirement for the required plan elements described in Idaho Code § 50-2905(2)-(6), recognizing that actual Agency expenditures are prioritized each fiscal year during the required annual budgeting process. Plan Required Information 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; HARVEST SPRINGS URBAN RENEWAL PLAN 1 (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.; and (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 Chubbuck City Council (the "City Council"). The Agency intends to utilize and rely upon 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. A modification shall not be deemed to occur when "[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 "[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 HARVEST SPRINGS URBAN RENEWAL PLAN 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. Specific Plan Objectives 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 (including, but not limited to office and retail), medical, educational, recreational, or institutional facilities, light industrial, and residential (single family residential and increased density) facilities. The purpose of the Law and Act will be attained through the implementation of the Plan. The priorities 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; installation and construction of pathways; improvements for parks, open space, and trail networks; and improvement of storm drainage facilities; b. The planning, design and construction of proposed improvements to roadways to enhance connectivity, which may be sited outside of the Project Area, but directly impact the Project Area, including the planning, design and construction of the Harvest Springs Boulevard connection to New Day Parkway, the proposed bridge to connect the Harvest Springs collector road to Hiline Road (subject to annexation of the roadway into the City), and improvements to other existing roadways and intersections within the Project Area; C. 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 HARVEST SPRINGS URBAN RENEWAL PLAN 3 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; 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; j. The acquisition of real property to support development and/or redevelopment initiatives consistent with the Law and Act; and k. 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 §§ 67-45013, 67-1076, 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 will 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 technical or ministerial adjustment and is not a modification to this Plan under Idaho Code § 50-2903A. HARVEST SPRINGS URBAN RENEWAL PLAN 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. The Agency retained a consultant to study a proposed project area and prepare an eligibility report. The consultant prepared and submitted the Eligibility Study for the Siphon' Interchange West Urban Renewal Area, dated October 2018, to the Agency ("2018 Eligibility Report"). The Agency accepted the 2018 Eligibility Report by Agency Resolution No. 2018-03 on November 20, 2018. After Agency acceptance of the 2018 Eligibility Report, the City Council deemed the area identified in the 2018 Eligibility Report 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 by the Agency. 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 "2019 Supplemental Eligibility Report"). The Agency accepted the 2019 Supplemental Eligibility Report by Agency Resolution No. 2019-03 on August 20, 2019. After Agency acceptance of the 2019 Supplemental Eligibility Report, the City Council deemed, the supplemental area I 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. Accordingly, the Project Area includes parcels from the area originally studied in the 2018 Eligibility Report, and as supplemented in the 2019 Supplemental Eligibility Report. Since the City Council directed the Agency to prepare an urban renewal plan for area studied in the 2018 Eligibility Report and the 2019 Supplemental Eligibility Report, the Agency has worked closely with property owners, the community, and others to move this Project forward, which Project would not proceed but for urban renewal participating in the funding of critical public infrastructure improvements. Despite delays in establishing the Project Area, due in significant part to the COVID-19 pandemic, the Project Area remains a deteriorated area and/or a deteriorating area. As used herein, "Eligibility Report" includes the 2018 Eligibility Report and the 2019 Supplemental Eligibility Report described above.z 1 Please note Siphon Road east of Yellowstone Avenue is now known as New Day Parkway. 2 In 2020, the Agency accepted, and the City Council approved and adopted a resolution, determining certain additional area within the City, adjacent and contiguous with the areas studied in the 2018 Eligibility Report as supplemented by the 2019 Supplemental Eligibility Report, to be a deteriorated area and/or a deteriorated area pursuant to the Siphon Interchange West Supplemental Urban Renewal Eligibility Report (the "2020 Supplemental HARVEST SPRINGS URBAN RENEWAL PLAN 5 In accordance with the Law and Act, the Agency obtained necessary agricultural operation consents from the owners of 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 Agency approved this Plan by the adoption of Agency Resolution No. on , and submitted the Plan to the City Council with its recommendation for adoption. In accordance with the Law, the Agency submitted the Plan to the Land Use and Development 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 published notice and held a public hearing 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 approximately 309 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 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 north of New Day Parkway and west of Interstate 15. It is partially bounded by: Hiline Road on the west, Tyhee Road on the north, Interstate 15 on the east and New Day Parkway on the south. 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 described in Section 300 and the Study, creating Eligibility Study"). This Plan and the Project Area do not include any area studied in the 2020 Supplemental Eligibility Study; thus, the definition of Eligibility Report does not include the 2020 Supplemental Eligibility Study. 3 The Land Use and Development Commission is the planning and zoning commission for the City. HARVEST SPRINGS URBAN RENEWAL PLAN 6 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 New Day Parkway 4 Northgate Interchange on 1-15. 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 a portion 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 this 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 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 public infrastructure in the Project Area without the ability of revenue allocation to help offset at least some of these costs. But for this Plan and revenue allocation financing, the proposed mixed-use residential, commercial, and light industrial developments would not occur. 104 Purpose of Activities The Study 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; C. Retain flexibility in funding the various activities in order to best meet the Plan and the needs of the Project Area; 4 Please note Siphon Road east of Yellowstone Avenue is now known as New Day Parkway. HARVEST SPRINGS URBAN RENEWAL PLAN 7 d. Retain flexibility in determining whether to use the Agency's funds or funds generated by other sources; and e. Alter the location of proposed improvements described in the Study to support development when it occurs. The information included in the Study 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 consider 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 depending on the proposed activities, and the Agency may prioritize certain projects or types of projects.s 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 Agency will determine and prioritize activities listed in the Study as the overall Project Area develops and through the annual budget setting process. The Study prioritizes activities by way of importance and feasibility 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 Plan and revenue allocation area. The Study describes a list of prioritized public improvements and other related activities to be funded with revenue allocation funds' with an estimated total cost in current dollars of approximately $70,791,626, of which pursuant to the Law, the Act, and the Agency's participation policy, an estimated $36,108,158 may be eligible for reimbursement. There are currently two property owners within the Project Area that have been in communication with the Agency concerning costly specific public infrastructure improvements required to support development of the Project Area, which projects ' 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 policy will guide negotiations on any future owner participation agreement with any developers within the Project Area. ' Either through direct funding of projects or through contractual reimbursements to public and/or private entities. HARVEST SPRINGS URBAN RENEWAL PLAN 8 would not move forward but for urban renewal. The first project is approximately 42 acres and is generally located north of New Day Parkway, east of Hiline, south of Buffalo Creek Road and west of the Harvest Springs Boulevard (the "Buffalo Hollow Project"). The Buffalo Hollow Project estimates installation and construction of public infrastructure improvements in an estimated amount of $11,947,557, of which an estimated $4,752,233 may be eligible for reimbursement. The second project is approximately 267 acres and is generally the remainder of the Project Area (the "Harvest Springs Project"). The Harvest Springs Project estimates installation and construction of public infrastructure improvements in an estimated amount of $58,844,069, of which an estimated $31,355,924 may be eligible for reimbursement. Beyond the Buffalo Hollow Project and the Harvest Springs Project, there are additional public infrastructure improvements that may be installed and/or constructed by the City' that may be eligible for reimbursement. These estimated public infrastructure cost amounts set forth above do not address inflationary factors, such as increasing construction costs, which would increase those figures depending on when the owner, developer, City 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 new development projects and assessed value increases will likely generate an estimated $43,363,309 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. The Study identifies a roadway improvement project adjacent to the Buffalo Hollow Project at the intersection with Hiline Road, to construct a bridge to connect a collector road to Hiline Road. Currently, the location of the bridge is within unincorporated Bannock County. This project has 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 Hiline Road as well as collector roads that feed into Hiline Road. This project is 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. The Study further identifies a roadway improvement project connecting Harvest Springs Boulevard to New Day Parkway. Currently, the section of road required to make the connection is just outside the Project Area on a parcel requiring an agricultural consent to be included within the Project Area. This project also has a significant nexus to the development contemplated in the Project Area and provides an additional point of access to the Harvest Springs development. It is anticipated the parcel adjacent to the Project Area will ultimately develop and the connection to New Day Parkway would be installed at that time. This project is 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 connection may be installed. ' The City has not committed to fund any public infrastructure improvements within the Project Area. Such decisions concerning capital improvement projects are made by the City annually pursuant to its annual budget and appropriations process. HARVEST SPRINGS URBAN RENEWAL PLAN 9 105 Open Land Criteria The Project Area includes open land which must meet the conditions described 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 described 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 is integral to a successful mixed-use project area. Further, the existing mixed-use Creative Community Zone 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 described in Idaho Code §§ 50-2018(8), (9) and 50-2903(8) apply. 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 Report. 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 described in Attachment 3, then the open land areas in the Project Area qualify for Agency acquisition and development. HARVEST SPRINGS URBAN RENEWAL PLAN 10 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Project Area Map and are described in the Project Area Legal Description. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary is 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, to increase transportation and mobility options, 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 described in the Study; 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 (arterials and collectors) and streetscapes, including but not limited to new roadways, improvements to existing roadways, the extension of Harvest Springs Boulevard to New Day Parkway' and the construction of a bridge to connect a collector road to Hiline Road.', and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; s As noted above, the construction of a roadway improvement project connecting Harvest Springs Boulevard to New Day Parkway is located outside the Project Area. This project also has a significant nexus to the development contemplated in the Project Area and provides an additional point of access to the Harvest Springs development. It is anticipated the parcel adjacent to the Project Area will ultimately develop and the connection to New Day Parkway would be installed at that time. This project is 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 connection may be installed. This Plan does not exercise jurisdiction over the adjacent parcel outside of the Project Area. ' As noted above, the construction the bridge to connect a collector road to Hiline Road is located in unincorporated Bannock County. This project has 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 Hiline Road. This project is 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 exercise jurisdiction in unincorporated Bannock County. HARVEST SPRINGS URBAN RENEWAL PLAN 11 d. The engineering, design, installation, and construction of certain belowground public infrastructure to support an emergency medical services station pursuant to Idaho Code Section 50-2905A to provide fire protection and emergency medical services in the northern portion of the City; e. 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 Project Area are directly related to the growth and development within the Project Area, but cannot be sited within the Project Area; f. 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 and streetscape improvements, utility undergrounding, extension, upgrades, public parks and open space, 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 for qualified developments; g. 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; h. The demolition or removal of certain buildings and/or improvements for public rights- of-way and streetscape improvements, pedestrian facilities, utility undergrounding, extension, and upgrades, public parks and trails, public facilities, and 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; The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; HARVEST SPRINGS URBAN RENEWAL PLAN 12 k. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; 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; M. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; n. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use commercial, office, retail, cultural centers, transit facilities, medical facilities, educational facilities, residential, and governmental use; o. 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; P. 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; q. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; r. 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 described above as further described in the Study. 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 described 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 HARVEST SPRINGS URBAN RENEWAL PLAN 13 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 described 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 will 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 will 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 initiate and support development; b. Develop new mixed-use residential, retail, commercial, light industrial and office areas including opportunities for community, cultural, educational, medical, and recreational facilities, as well as encourage economic development; C. Secure and improve certain public open space in critical areas; and 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 economic development while complying with the "specificity" requirement described in Idaho Code § 50-2905. Land use in the Project Area will be modified to the extent that underutilized, underdeveloped, deteriorating, deteriorated and vacant land and land now devoted to uses inconsistent with the future land uses of the area will be converted to mixed-use, retail, residential, light industrial, and commercial uses, which may include office uses, or light manufacturing or warehousing uses, or educational or cultural uses, or other public facilities and improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediations/site preparation, public parking, community facilities, parks, pedestrian/bike paths and trails. In implementing the activities described in this Plan, the Agency will 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 HARVEST SPRINGS URBAN RENEWAL PLAN 14 Creative Community Zone 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 will 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 redevelopment10 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 described 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 described in an executed owner participation agreement and meets the conditions described below: a. Any such property within the Project Area will 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 to an upgraded marketable condition that will continue throughout an estimated useful life for a minimum of twenty (20) years from the date of completion; b. Any owner will 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; C. All such buildings or portions of buildings which are to remain within the Project Area will be rehabilitated or constructed in conformity with all applicable codes and ordinances of the City; and io Based on the proposed new development within the Project Area, it is currently anticipated the Agency will enter into a to -be negotiated agreement with the developer of Harvest Springs and a separate to -be negotiated agreement with the developer of Buffalo Hollow. Each developer will have different reimbursements depending on its agreements with the Agency. HARVEST SPRINGS URBAN RENEWAL PLAN 15 Any new construction will 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 projects, justification and eligibility of project costs, and achievement of the objectives of the Plan11. The Agency will determine the funding level of its participation in its discretion. Obligations under owner participation agreements will terminate no later than the termination date of this Plan. 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 are required to join in the recordation of 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 under an owner participant agreement fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and an owner 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: To encourage 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, to provide incentives to property owners to encourage utilization and expansion of existing permitted uses during 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; C. To accommodate improvements and expansions allowed by City regulations; Subject to the limitations of the Law and Act, to provide 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; and To 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 " 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 within the Project Area. The Plan is broader than the participation policy. The participation policy will guide negotiations on any future owner participation agreement with any developers within the Project Area, as it may be amended or replaced from time to time. HARVEST SPRINGS URBAN RENEWAL PLAN 16 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 will seek the aid and cooperation of such public bodies and will 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 will 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 those improvements described in Section 301 and in the Study. The Agency will 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 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 will enter into a participation agreement with the Agency and then will be bound by the Plan and other land use elements and will conform to those standards specified in Section 303.1 of this Plan. This Plan does not financially bind or obligate the City, Agency and/or any other public entity 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. The City has not committed to fund any public infrastructure improvements within the Project Area. Such decisions concerning capital improvement projects and/or other expenditures are made by the City annually pursuant to its budget and appropriations process. 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. HARVEST SPRINGS URBAN RENEWAL PLAN 17 305 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 will 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 will 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. The acquisition of property may be for the development of the public improvements identified in this Plan and may include properties owned by private parties or public entities. Acquisition of property may be for the assembly of properties for redevelopment to achieve Plan goals including public benefits such as mobility and transportation elements. 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, utility easements and/or certain economic demonstration projects. In the event the Agency identifies certain property to be acquired under this Plan, the Agency will 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 described 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 those described in Section 301 and/or the Study. 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 described in Section 105 of this Plan. HARVEST SPRINGS URBAN RENEWAL PLAN 18 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 domain12 to be employed by the Agency, or by the City with the Agency acting in an advisory capacity, 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 Generally, the Agency will not acquire personal property. Where necessary in the execution of this Plan, however, 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 will 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 will 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 will 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 12 House Bill 1044, adopted by the Idaho Legislature during the 2021 Legislative Session limited the Agency's ability to exercise eminent domain. HARVEST SPRINGS URBAN RENEWAL PLAN 19 assistance to the greatest extent feasible would be uniform. The Agency will 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 of families, the Agency will comply with, at a minimum, the standards described in the Law. The Agency will also comply with all applicable state laws concerning relocation benefits. The Agency will 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 preparation and/or environmental remediation. 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 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 described 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 will 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 will 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 HARVEST SPRINGS URBAN RENEWAL PLAN 20 subsequent, security interests, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, will be recorded in the office of the Recorder of Bannock County, Idaho. All property in the Project Area is subject to the restriction that there will 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 otherwise transferred will be expressly subject to a recorded document containing the above restriction and other restrictions as deemed appropriate by the Agency in its discretion or as required by law. 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 may be included in a disposition and development agreement, as applicable: a. A detailed scope and schedule for the proposed development will be submitted to and agreed upon by the Agency; b. 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; C. The building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s); d. 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. New construction will have a minimum estimated life of no less than twenty (20) years; f. 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. The Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale; h. Buildings or portions of the buildings which are to remain within the Project Area will be reconstructed in conformity with all applicable codes and ordinances of the City; All disposition and development documents will be governed by the provisions of Section 407 of this Plan; and All other requirements and obligations as may be described in any participation policy established and/or amended by the Agency. HARVEST SPRINGS URBAN RENEWAL PLAN 21 The Agency reserves the right to determine the extent of its participation based upon the achievements of the objectives 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 the termination date of this Plan. The Agency will 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 for the public improvements. Any public facility ultimately owned by the Agency shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a private entity or management contract agreement shall include all necessary provisions sufficient to protect the public interest and public purpose. 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 will 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, will 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 407. Additionally, development must be consistent with all City ordinances. 311 Participation with Others 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. HARVEST SPRINGS URBAN RENEWAL PLAN 22 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 or participate with the private or public sector with regard to any programs administered by the Idaho Department of Commerce for any purpose described 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 will 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 and Cultural 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 and cultural funding will be used to leverage additional contributions from developers, other private sources, and public or quasi -public entities 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 the Project Area Land Use Map and as described 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 includes a mix of uses including mixed-use residential, light industrial, and commercial development, which may include retail and office uses, as well as public and governmental uses. Provided, however, nothing herein within this Plan will be deemed to grant any particular right to zoning classification or use. 402 Public Rights -of -Way The Project Area includes portions of existing maintained public rights-of-way as shown on the Project Map. 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 HARVEST SPRINGS URBAN RENEWAL PLAN 23 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 the Study. Development may require creation, improvement, or extension of existing streets and easements in the Project Area. 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 accordance with any applicable policies and standards of the City (or County as the case may be) 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 will be in accordance with the objectives of this Plan and the City's design standards; will be effectuated in the manner prescribed by State and local law; and will be guided by the following criteria: a. A balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing will 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 C. 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. 403 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. 404 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 HARVEST SPRINGS URBAN RENEWAL PLAN 24 this Plan. No such real property will be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 405 Construction Will Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards All construction in the Project Area will 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. 406 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 Agency, such improvements would be compatible with surrounding Project uses and development. All nonconforming uses shall also comply with the City codes and ordinances. 407 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 will 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 will 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 will give consideration to good design and amenities to enhance the HARVEST SPRINGS URBAN RENEWAL PLAN 25 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 will 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, as properly budgeted and appropriated, may expend money to assist the Agency in carrying out the Project. This Plan does not commit the City to fund any specific Project. 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 adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2021. These revenue allocation provisions will apply to all taxing districts which are located in or overlap the Revenue Allocation Area shown and described on the Project Area Map and in the Project Area Legal Description. The Agency will 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 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 reimburse a developer or property owner for advanced funded public infrastructure 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. HARVEST SPRINGS URBAN RENEWAL PLAN 26 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 of certain eligible public infrastructure improvements to be reimbursed pursuant to an owner participation agreement 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 will be created a special fund of the Agency into which the County Treasurer will deposit allocated revenues as provided in Idaho Code § 50-2908. The Agency will 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 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, market adjustments, future priorities, owner participation agreement applicants, 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 City13, 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 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 described in Section 800. The Study incorporates 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 " Included for purposes of analyzing feasibility only. The City has not committed funding for any public improvement projects. Any City funding would be subject to annual budgeting and appropriation. HARVEST SPRINGS URBAN RENEWAL PLAN 27 revenue allocation proceeds are greater than projected or the Agency obtains additional funds from another source. The revenue allocation proceeds are 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 any owner/developer for the cost of eligible public improvements pursuant to an owner participation agreement. The Agency is authorized to make pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. 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 property owners/developers, the Agency, the City, and others.14 502.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachment 5 assumes certain completed and projected actions. The Study projects all debt is 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. If all of the projected development occurs as projected, the Project indebtedness could be extinguished earlier, dependent upon other legal obligations. If private development takes longer to materialize, or if private development is 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 described in the Plan and the Study, 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 Agency and its consultants have analyzed the information in order to provide an analysis that meets the requirements described under the Law and Act. When the Agency seeks a loan from lenders or others, the Agency will present a more detailed and then -current financial pro forma to lenders or 14 The financial analysis includes a combined analysis of the two proposed developments: Harvest Springs and Buffalo Hollow. HARVEST SPRINGS URBAN RENEWAL PLAN 28 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 described 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 list of public improvements, or activities within Attachment 5 are prioritized by way of importance to the Agency, by feasibility based on estimated revenues to be received, and amounts funded. The projected timing of funding is primarily a function of the availability of financial resources and market conditions but is also strategic, considering the timing of anticipated or projected private development partnership opportunities and the ability of certain strategic activities to stimulate development at a given point in time within the duration of the Plan and Project Area. The assumptions concerning revenue allocation proceeds are based upon certain anticipated or projected new developments, assessed value increases, and assumed tax levy rates as more specifically described in the Study. 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 townhomes, high density multi -family residences, and single-family homes; and light industrial uses, including residential above light manufacturing, light manufacturing/employer facilities, and shipping hubs; and, other public facilities and improvements, including but not limited to streets, streetscapes, water and sewer improvements, gas, power and fiber improvements, environmental remediation/site preparation, public parking, parks and open space, pedestrian/bike paths and trails. 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 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 described in the Study has taken into account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50-2908. The 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 HARVEST SPRINGS URBAN RENEWAL PLAN 29 Assessor, the (non -equalized) assessed taxable value for the City as of January 1, 202115, less homeowners' exemptions, is $1,017,465,305. Therefore, the 10% limit is $101,746,531. The 2021 adjusted base assessed value of each of the existing revenue allocation areas and the estimated base value for the proposed Project Area16 is as follows: Chubbuck Downtown Improvement Project RAA $14,935,858 Pine Ridge Mall RAA $29,748,718 Northside Crossing RAA $492,433 Harvest Springs RAA (the Project Area) $721,345 TOTAL $45,898,354 The adjusted base values for the combined revenue allocation areas total $45,898,354, which is less than 10% of the City's 2021 (non -equalized) taxable value. 502.4 Financial Limitation The Study identifies a number of capital improvement projects. Use of any particular funding source for any particular purpose is not assured or identified. Use of the funding source will be conditioned on any limitations described 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, bonds, 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. is Due to the timing of the assessment process and creation of this Plan, the 2021 (non -equalized) values have been used to establish compliance with the 10% limitation. Using the 2021 values, the total adjusted base value of the existing revenue allocation areas combined with the value of this Project Area are approximately 4.5 % of the total taxable value of the City. " 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 has 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. HARVEST SPRINGS URBAN RENEWAL PLAN 30 The Study information 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 budget and 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 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 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 is not considered a modification of the Plan pursuant to Idaho Code Section 50-2903A. The Study 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 the Study does not constitute a modification to the Plan. " Included for purposes of analyzing feasibility only. The City has not committed funding for any public improvement projects. Any City funding would be subject to annual budgeting and appropriation. HARVEST SPRINGS URBAN RENEWAL PLAN 31 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 the Study first, in conjunction with private development within the Project Area generating the increment as identified in the Study. 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. 502.5 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. 502.6 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act will be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt will be repaid within the duration of this Plan, except as may be authorized by law. 502.7 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 described 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 basis18. Taxing entities submit proposed budgets to the County Board of 18 House Bill 389 passed during the 2021 Legislative Session, effective in significant part as of January 1, 2021, further limits a taxing entity's ability to increase the property tax portion of its budget. The Study has considered the impact of House Bill 389 on the Project's overall feasibility. HARVEST SPRINGS URBAN RENEWAL PLAN 32 Commissioners, which budgets are required to comply with the limitations described 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, than 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 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.19 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 and Project Area or deannexation of area, the taxing entities will be able to include a percentage 21 of the accumulated new construction roll value in setting the following year's budget and revenue pursuant to Idaho Code Sections 63-802 and 63-301A. As the 2021 certified levy rates are not determined until late September or October 2021, the 2020 certified levy rates have been used in the Study for purposes of the analysis. For Tax Year 2020,21 those districts and rates for the Project Area under this Plan located within the City are as follows:22 11 House Bill 389 amended Idaho Code Sections 63-802 and 63-301A limiting the value placed on the new construction roll and available to a taxing district for a budget capacity increase. This could result in lower levy rates over time. 20 Pursuant to House Bill 389, 80% of the total eligible increment value is added to the new construction roll. 21 Due to the timing of the taxing districts' budget and levy setting process, certification of the 2021 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 2020 levy rates are used. Use of the 2020 levy rates provides a more accurate base than estimating the 2021 levy rates. 22 It is unclear how the personal property tax exemption set forth in Idaho Code § 63-602KK as amended by House Bill 389, effective January 1, 2022, may impact the levy rate. HARVEST SPRINGS URBAN RENEWAL PLAN 33 Taxing Districts Levy Rates: Bannock County 0.003678348 Bannock County Abatement District 0.000028966 Bannock County Ambulance 0.000335278 Bannock County Road & Bridge 0.000502121 City of Chubbuck 0.006863105 Pocatello School #25 0.00000061813 Portneuf Free Library 0.000532513 TOTAL 24 0.011940949 The Study has made certain assumptions concerning the levy rate. First, the levy rate is estimated to be slightly lower than the combined 2020 certified levy rate and does not account for any revenue from the Pocatello School #25 levies. The levy rate is thereafter estimated to stay level through 2023. Second, the Study adjusts the levy rate downwards by 2% in 2024, and 1% each of the following three (3) years to account for the termination of the Chubbuck Downtown Plan in December 2023. Thereafter, the levy rate is estimated to stay level until termination. Third, it is assumed land and improvement values will increase annually by approximately 3% (1% annual increase in land values and a 2% annual increase in improvement values) over the term of the Plan. If the overall levy rate is less than projected, or if expected development fails to occur as estimated, the Agency will receive fewer funds from revenue allocation. Finally, administrative costs are projected to be 20% annually, with a cap of $100,000/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 may include City funding (as may be budgeted annually by the City) and other public entity partners, and developer participation. Agency participation will be determined by the amount of revenue allocation funds generated. It is important to note this Plan does not financially bind or obligate the City, Agency and/or any other public entity to any project or property acquisition. Agency and/or other public entity participation in any project shall be determined by the amount of revenue allocation funds generated and pursuant to the annual budgeting process. 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 pays " For purposes of economic feasibility, the Pocatello School #25 tort levy was not considered for purposes of revenue generation. 24 Net of voter approved bonds and levies. HARVEST SPRINGS URBAN RENEWAL PLAN 34 the Agency an annual lease payment 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 described 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. 505 Membership Dues and Support of Community Economic Development The Act is premised, in part, 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 will 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; Building Code enforcement; HARVEST SPRINGS URBAN RENEWAL PLAN 35 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; 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; Joint funding of certain public improvements, including but not limited to those identified in this Plan and Attachment 5 to the Plan; M. 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; and 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 the Study 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 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, will be performed by the Agency and/or the City. 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW HARVEST SPRINGS URBAN RENEWAL PLAN 36 Except for the nondiscrimination and nonsegregation provisions which will run in perpetuity, the provisions of this Plan will be effective, and the provisions of other documents formulated pursuant to this Plan, will be effective for twenty (20) years from the effective date of the Plan subject to modifications and/or extensions described in Idaho Code § 50-2904. The revenue allocation authority will expire on December 31, 2041, except for any revenue allocation proceeds received in calendar year 2042, as contemplated by Idaho Code § 50-2905(7). The Agency may use proceeds in 2042 to complete the projects described herein. As stated in the Plan, any owner participation agreement or disposition and development agreement obligations will cease as of December 31, 2041. Idaho Code § 50-2093(5) provides the Agency will 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, 2042, 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 will 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 will thereupon cease; any moneys in such fund or funds in excess of the amount necessary to pay such principal and interest will 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 will thereupon terminate. b. In determining the termination date, the Plan will recognize that the Agency will receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the Plan. C. For the fiscal year that immediately predates the termination date, the Agency will 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 will 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 HARVEST SPRINGS URBAN RENEWAL PLAN 37 surplus be determined to exist. The Agency will 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 will 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. For those assets which do not provide such resources or revenues, the Agency will likely convey such assets to the City, depending on the nature of the asset. 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 is declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions will be null and void and will be deemed separable from the remaining provisions in this Plan and will 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 include the financial data and audit reports required under sections 67-1075 and 67-1076, Idaho Code. This annual report shall be considered at a public meeting to report these findings and take comments from the public. HARVEST SPRINGS URBAN RENEWAL PLAN 38 Additionally, the Agency must comply with certain other reporting requirements as set forth in Idaho Code Section 67-450E25, the local government registry portal, the tax commission plan repository, see Idaho Code § 50-2913, and the tax commission's plan modification annual attestation, see Idaho Code § 50-2903A. 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 Bannock County Board of County Commissioners. 1200 ATTACHMENTS All attachments 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 described fully. 25 House Bill 73, passed during the 2021 Legislative Session, significantly effective as of January 1, 2021, with the remaining sections in full force and effect on and after January 1, 2022, establishes a uniform accounting system for local governmental entities, including urban renewal agencies, which is to be administered by the State Controller. Going forward, Idaho Code Section 67-450E is amended to Idaho Code Section 67-1076. HARVEST SPRINGS URBAN RENEWAL PLAN 39 ATTACHMENT 1 Project Area Map Boundary Map of Urban Renewal Project Area and Revenue Allocation Area DISPLAY MAP FOR: HARVEST SPRINGS JOINT VENTURE TIF DISTRICT LOCATED IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO 1 13435� 26 f N 89°46'49" W 2637.82' 26 71 S 89046'49" E 1152.05'35 N 89°47'57" W 2658.28' Cl)/ 34 I M Co O I w M M 0 (fA M r` Q N I � o W O M 0 O z -J, 35 v ■ N 89°48'40" W 2643.40' CHRISTOPHER FREED INST. NO. 22016843 6 N vA m- N � ti �I N Co W Lo p co 0 CODf z N 89048'40" W 1585.80' S 89046'42" E 594.09' N 89053'05" W 757.58' v lz L15 N 89°44'45" W 2648.98' CHRISTOPHER FREED PORTION OF INST. NO. 93015342 r` 00 4 N Co r 00 I� N CHRISTOPHER FREED o (AG PARCEL 3) o INST. NO. 21905424 Z iw L13 I N 89044'45" W 829.48' 35 M ti M N Co r Lo In O O 0 O m AL PRAIRIE ESTATES - REPLAT - INST. NO. 21911109 i m S 89048'18" E 2384.09' CURVE TABLE # RADIUS L ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE Cl 11659.16' 0°20'19" 68.88' 34.44' S 19°00'13" W 68.88' C2 11609.16' 9°30'09" 1925.37' 964.90' S 13°05'08" W 1923.16' HARVEST SPRINGS JV ' INST. NO. 21905777-8 35 N 89°48'40" W 2653.35' G) 0 Lo N W Lo Lo O 0 O r. E LINE TABLE # BEARING DISTANCE L1 N 18°21'19" E 318.85' L2 N 26°17'16" E 314.45' L3 N 13°11'58" E 241.08' L4 S 19°06'42" W 121.71' L5 S 04°30'14" W 208.59' L6 S 21'40'02" W 209.14' L7 S 06°47'06" W 203.27' L8 S 11'54'55" E 162.68' L9 S 05°34'24" W 103.03' L10 S 19°36'39" W 103.48' L11 S 21°19'00" W 243.43' L12 N 48'13'43" E 97.85' L13 N 89°44'45" W 240.14' L14 N 00°13'58" E 329.37' L15 N 89°04'55" W 354.96' 1--15 N 89051'08" W 1556.95' I N 89°51'08" W 2647.82' or/ Mir, GRAPHIC SCALE wAY 300 0 150 30 NEw ADAY PARK ( IN FEET ) 1 inch = 300' N' D'' -4A U 251126 35 36 co v N J CO J L9 0 v � N 89051'08" W 1556.95' I N 89°51'08" W 2647.82' or/ Mir, GRAPHIC SCALE wAY 300 0 150 30 NEw ADAY PARK ( IN FEET ) 1 inch = 300' N' D'' -4A U 251126 35 36 ATTACHMENT 2 Project Area Legal Description Legal Description of Urban Renewal Project Area and Revenue Allocation Area Engineers a Surveyors • Planners 301 SBIh St. W. #f38 • W1111ston, NO 58B0f • 17011572.01 f0 600 F. Oak St. • Pocatallo, I0 8320i + 120BJ 234.01 f0 www.rmes.biz LEGAL DESCRIPTION FOR HARVEST SPRINGS JOINT DEVELOPMENT TIF DISTRICT HARVEST SPRINGS A PARCEL OF LOCATED IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 35; THENCE NORTH 006'55" EAST, (BASIS OF BEARING PER THE EAST ZONE OF THE IDAHO STATE PLANE COORDINATE SYSTEM) ALONG THE LONGITUDINAL CENTERLINE OF SECTION 35, A DISTANCE OF 2650.69 FEET TO THE CENTER 1/4 CORNER OF SECTION 35; THENCE NORTH 8948'40" WEST, ALONG THF LATITUDINAL CENTERLINE OF SECTION 35, A DISTANCE OF 1585.80 FEET TO A POINT ON THE CENTERLINE OF THE HILINE CANAL; THENCE FOLLOWING ALONG THE SAID CENTERLINE AS SHOWN ON RECORD OF SURVEY FOR THE ADAMS COMPANY RECORDED AS INSTRUMENT NO. 20900258 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY OVER THE FOLLOWING FIVE (5) COURSES: 1. NORTH 0°35'06" EAST A DISTANCE OF 1029.73 FEET; 2. NORTH 9°31'31" EAST A DISTANCE OF 808.83 FEET; 3. NORTH 18°21'19" EAST DISTANCE OF 318.85 FEET; 4. NORTH 26°17'16" EAST DISTANCE OF 314.45 FEET; 5, NORTH 13°11'58" EAST A DISTANCE OF 241.08 TO A POINT ON THE NORTH LINE OF SAID SECTION 35; THENCE SOUTH 8946'49" EAST, ALONG THE NORTH LINE OF SECTION 35, A DISTANCE OF 1152.05 FEET TO THE NORTH 1/4 CORNER OF SECTION 35, SAID POINT BEING A POINT ON THE WEST BOUNDARY LINE OF PRAIRIE ESTATES SUBDIVISION, A SUBDIVISION RECORDED AS INSTRUMENT NO. 20721291 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE FOLLOWING ALONG THE WEST AND SOUTH BOUNDARY LINES OF PRAIRIE ESTATES SUBDIVISION OVER THE FOLLOWING TWO (2) COURSES: 1, SOUTH 006'55" WEST A DISTANCE OF 1323.73 FEET; 2. SOUTH 8948'18" EAST A DISTANCE OF 2384.09 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 15; Focused on Solutions Civil ♦ Environmental ♦ Transportation 4 Planning ♦ Land Development ♦ Municipal ♦ Surveying THENCE FOLLOWING ALONG THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 15 PER FEDERAL AID PROJECT NOS. 1-15-2(3)71 & 1-15-2(1)72 OVER THE FOLLOWING EIGHT (8) COURSES: 1. SOUTH 19`06'42" WEST A DISTANCE OF 121.71 FEET TO A POINT OF NON - TANGENCY WITH A 11659.16 -FOOT -RADIUS CURVE, THE CENTER OF WHICH CENTER BEARS SOUTH 70'49'38" EAST; 2. FOLLOWING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 0'20'19" FOR AN ARC LENGTH OF 68.88 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 19000'13" WEST A DISTANCE OF 68.88 FEET) TO A POINT OF NON - TANGENCY; 3. SOUTH 430'14" WEST A DISTANCE OF 208.59 FEET TO A POINT OF NON -TANGENCY WITH A 11609.16 -FOOT -RADIUS CURVE, THE CENTER OF WHICH BEARS SOUTH 7209'48" EAST; 4. FOLLOWING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 9030'09" FOR AN ARC LENGTH OF 1925.37 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 13°05'08" WEST A DISTANCE OF 1923.16 FEET) TO A POINT OF NON - TANGENCY; 5. SOUTH 21040'02" WEST A DISTANCE OF 209.14 FEET; 6. SOUTH 647'06" WEST A DISTANCE OF 203.27 FEET; 7. SOUTH 11°54'55" EAST A DISTANCE OF 162.68 FEET; 8. SOUTH 5°34'24" WEST A DISTANCE OF 103.03 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO THE CITY OF CHUBBUCK AS DESCRIBED IN WARRANTY DEED RECORDED AS INSTRUMENT NO. 21813722 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINES OF SAID PARCEL OF LAND OVER THE FOLLOWING THREE (3) COURSES: 1. SOUTH 19036'39" WEST A DISTANCE OF 103.48 FEET; 2. SOUTH 923119" WEST A DISTANCE OF 736.69 FEET; 3. SOUTH 21019'00" WEST A DISTANCE OF 243.43 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 35; Focused on Solutions Civil 0 Environmental ♦ Transportation 1 Planning ♦ Land Development + Municipal ♦ Surveying THENCE NORTH 89051'08" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 1556.95 FEET TO THE POINT OF BEGINNING. CONTAINING 267.07 ACRES, MORE OR LESS. FREED - AGRICULTURAL PARCEL 3 AS SHOWN ON RECORD OF SURVEY FOR ANDREW STODDARD (INST. NO.21900101) A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 35, BEING MONUMENTED BY A 3/4 INCH IRON ROD AS DESCRIBED IN CORNER PERPETUATION RECORDED AS INSTRUMENT NO. 20520350 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 89°44'45" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 829.48 FEET; THENCE NORTH 004'20" EAST A DISTANCE OF 1256.81 FEET; THENCE NORTH 4813'43" EAST A DISTANCE OF 97.85 FEET; THENCE SOUTH 89°53'05" EAST A DISTANCE OF 757,58 FEET TO A POINT ON THE LONGITUDINAL CENTERLINE OF SECTION 35; THENCE SOUTH 006'55" WEST, ALONG THE LONGITUDINAL CENTERLINE OF SECTION 35, A DISTANCE OF 1324.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 25.16 ACRES, MORE OR LESS. FREED - A PORTION OF THE LANDS DESCRIBED IN WARRANTY DEED GRANTED TO CHRISTOPHER Y. FREED AND JANIIE L. FREED (INST. NO. 93015342) A PORTION OF THE LANDS DESCRIBED IN WARRANTY DEED GRANTED TO CHRISTOPHER Y. FREED AND JANIE L. FREED AS DESCRIBED IN WARRANTY DEED RECORDED UNDER INSTRUMENT NO. 93015342, LOCATED IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 35; THENCE NORTH 89°44'45" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 829.48 FEET TO THE POINT OF BEGINNING; Focused on Solutions Civil * Environmental + Transportation 4 Planning 1 Land Development 4 Municipal 0 Surveying THENCE CONTINUING NORTH 89'44145" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 240.14 FEET; THENCE NORTH 013'58" EAST A DISTANCE OF 329.37 FEET; THENCE NORTH 89'04'55" WEST A DISTANCE OF 354.96 FEET; THENCE NORTH 004'29" EAST A DISTANCE OF 991.05 FEET; THENCE SOUTH 89°46'42" EAST A DISTANCE OF 594.09 FEET; THENCE SOUTH 004'20" WEST A DISTANCE OF 1324.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 15.37 ACRES, MORE OR LESS. FREED —THE LANDS DESCRIBED IN QUITCLAIM DEED GRANTED TO CHRISTOPHER FREED (INST. NO. 22016843) All that portion of the Southwest Quarter of the Southwest Quarter of Section 35, Township 5 South, Range 34 [East], Bannock County, Idaho; lying East of the center line of Hiline Canal and lying adjacent to Deed #93015342. Except that portion East of the Hiline Canal and adjacent to Deed #22001801. Containing approx. 1.5 acres, more or less. OVERALL TIF DISTRICT AREA CONTAINS 309.10 ACRES, MORE OR LESS. "NOTE: EXCEPT AS NOTED OTHERWISE, THE LEGAL DESCRIPTIONS CONTAINED WITHIN THIS DOCUMENT HAVE BEEN PREPARED FROM RECORD INFORMATION ONLY AND NO FIELD SURVEY HAS BEEN CONDUCTED. THIS DOCUMENT IS TO ONLY BE USED FOR A TIF DISTRICT AND NOTHING ELSE** Focused on Solutions Civil 4 Environmental ♦ Transportation 4 Planning ♦ Land Development 1 Municipal ♦ Surveying INPioneerflftleCo. GOING BfYONO 135 N. Arthur Ave. Pocatello, ID 83204 ELECTRONICALLY RECORDED -DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT File No. 705571 LP/LW OFFICIAL RECORD BK# 0 FEE 15.00 DEPUTY JB BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF WARRANTY DEED Pioneer Title Pocatello 22001801 2020 Jan 31 PM 03:03 Electronically Recorded by Simplifile For Value Received Jeff Maynard and Jennifer Maynard, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto Larry Dunn and Heather Dunn HUSBAND AND WIFE hereinafter referred to as Grantee, whose current address is 0)?(/ 702 NEW DAY PARKWAY, POCATELLO, TD 83202 The following described premises, to -wit: See Exhibit A attached hereto and made a part hereof. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies, and assessments, includes irrigation and utility assessments, (if any) which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. n„+_a. 1--n—''20 )n,)n State of Idaho, County of Bannock This rec rd w s a kiw/ledged before me on Signature of notary public Commission Expires: 4/18/2024 1/31/2020 by Jeff Maynard and Jennifer Maynard LIZ PIVA COMMISSION #46955 NOTARY PUBLIC STATE OF IDAHO EXHIBIT A Parcel I Instrument: 22001801 Page:O A parcel of land located in the S'/zSW'/a, lying Easterly of the Fort Hall Main Canal, of Section 35, Township 5 South, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows: Beginning at the West 1/16 corner on the South line of Section 35, Township 5 South, Range 34 East, Boise Meridian; thence easterly along the South line of Section 35 a distance of 208.7 feet; thence North 00°04'20" West a distance of 2 l l .0 feet: thence South 89°56'35" West a distance of 308.70 feet; thence South 00°04'20" East a distance of 211.0 feet, to the South line of Section 35; thence easterly along the South line of Section 35 a distance of 100.0 feet, more or less, to the point of beginning. Parcel 2 A parcel of land located in the S'/zSW'/4, lying easterly of the Fort Hall Main Canal, of Section 35, Township 5 South, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows: Commencing at the West 1/16 corner on the South line of Section 35, Township 5 South, Range 34 East, Boise Meridian; thence West along the South line of Section 35 a distance of 100.0 feet; thence North 00°04'20" West a distance of 21 LO feet, to the Point of Beginning; Thence continuing North 00°04'20" West a distance of 119.0 feet; thence North 89°56'35" East a distance of 355.0 feet; thence South 00°04'20" East a distance of 330.0 feet, to the South line of Section 35; thence South 89°56'35" West a distance of 46.30 feet; thence North 00°04'20" West a distance of 211.0 feet; thence South 89°56'35" West a distance of 308.70 feet, more or less, to the Point of Beginning. 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, gas, fiber and power improvements, environmental remediation/site preparation, public parking, community facilities, parks and open space, pedestrian/bike paths and trails, recreation access points, and other public facilities. 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 Project Area Land Use Map Map Depicting Expected Land Uses and Current Zoning Map of the Project Area FUTURE LAND USE DESIGNATION MAP 8/27/2021, 10:47:46 AM 1:15,625 0 0.13 0.25 0.5 mi Bannock County Parcels Low Density 1i i ITI 0 0� 0 Chubbuck Parcels Medium Density 0 0.2 0.4 0.8 km Road Centerline _ Mixed Use Future Land Use Designation 2020 Imagery EagleView, Bannock County, City of Chubbuck GIS, Planning and Commercial Red: Band 1 Development Comprehensive Plan � - Employment Green: Band -2 City of Chubbuck EagleView, Bannock County I City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIs ZONING MAP 8/27/2021, 10:48:21 AM 1:15,625 0 0.13 0.25 0.5 mi Bannock County Parcels Chubbuck Parcels Road Centerline Zoning Agriculture (A) Limited Residential (R-2) Dense Residential (R-4) Limited Commercial (C-1) General Commercial (C-2) Industrial (1) 0 0.2 0.4 0.8 km EagleView, Bannock County, City of Chubbuck GIS City of Chubbuck Planning and Development Single Family Residential (R-1) Creative Community City of Chubbuck EagleView, Bannock County I City of Chubbuck GIS, Planning and Development Comprehensive Plan I City of Chubbuck GIS I City of Chubbuck GIS ATTACHMENT 5 Study Economic Feasibility Study C I I�11.�I:�11� I�. IIIA•\I I��� \\\ C Le111 Am'm 1I. 1 Harvest PREPARED BY: ®UTWEST POLICY ADVISORS BURLEY, IDAHO FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA 1 Outwest Policy Advisors Burley, Idaho INTRODUCTION Outwest Policy Advisors (OPA) has guided urban renewal agencies across Southern Idaho in fulfilling their responsibilities and obligations authorized by the Idaho Legislature. OPA has provided Property Eligibility studies and Tax Increment Financing Feasibility studies on several projects to those agencies. • 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 • Rigby 4000 E Urban Renewal Project • Rigby Highway 48 W Urban Renewal Project • North Bridge Junction Urban Renewal Project - Jerome County • Northside Crossing Feasibility Study — Chubbuck Development Authority 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 Harvest Springs 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 tax increment financing to meet the infrastructure needs of projected growth within the community. FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho 2 EXECUTIVE SUMMARY The City of Chubbuck has experienced significant growth during the past decade. With consistent population increases, the City will need to 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 3336 persons from 2000 to March of 2019.1 TABLE 12 shows the population change from 2010 to 2019. TABLE 1 subscription 1 https://www.bestplaces.net/people/city/idaho/chubbuck 2 https://www.census.gov/quickfacts/chubbuckcityidaho FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho t"rt r�rirrnrr 3 2010 Population 13,922 15,588 1,666 Different County 1,010 1,304 Total housing units 4,601 5,301 700 Occupied housing units 4,453 5,147 694 Vacant housing units 148 154 6 Homeowner vacancy rate 3.1% 2.9% Rental vacancy rate 3.6% 0.3% _Median Rent (dollars) $ 626.00 $ 846.00 $ 220.00 Percent of Households with Broadband NA 85.7% subscription 1 https://www.bestplaces.net/people/city/idaho/chubbuck 2 https://www.census.gov/quickfacts/chubbuckcityidaho FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho t"rt r�rirrnrr 3 Not only has the population of Chubbuck increased during the past decade, so has the number of business establishments and correspondingly the number of employees as shown in CHART 2 below. CHART 2 PROJECT AREA The Project Area is generally located north of New Day Parkway and west of Interstate 15. It is partially bounded by: Hiline Road on the west, Tyhee Road on the north, Interstate 15 on the east and New Day Parkway on the south. The project area consists of five parcels totaling approximately 309 acres. The approximate area includes the shaded area in the picture below. FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho 11 The Harvest Springs project area consists of two developments Harvest Springs and Buffalo Hollow. Both developments are proposed as mixed-use developments consisting of both commercial and residential properties. The City of Chubbuck approved a Creative Community zoning that encourages such mixed-use developments. This zoning allows the Chubbuck Development Authority the ability to negotiate specific agreements with developers that align with the City's comprehensive plan Our Volley, Our Vision. The proposed Harvest Springs project area proposed uses are consistent with the Creative Community zoning guidelines and align with the comprehensive plan. EXISTING LAND USES Current land uses within the proposed project area are primarily irrigated agricultural activities, though portions of the area are unaltered, high desert steppe. There is one residence owned by FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho 5 a participating developer with the balance of his property also dedicated to agricultural purposes. Agricultural Operation Consents have been obtained from both property owners per Idaho Code Sections 50-2018(8), (9) and 50-2903(8)(f). VALUATION OF REVENUE ALLOCATION AREAS The following calculations show the combined base assessment roll values of all existing and proposed Revenue Allocation Areas in Chubbuck. In compliance with Idaho Code Section 50- 2903(15) these calculations demonstrate that the combined base assessment roll values of the existing and proposed revenue allocation areas do not exceed 10% of the total assessed taxable value of the City. Existing Revenue Allocation Areas Central Chubbuck URD Pine Ridge Mall URD Northside Crossing Proposed Revenue Allocation Areas Harvest Springs Total Base Valuation of existing and Proposed RAA's Base Value Valuation Year $14,935,858 2021 $29,748,718 2021 $ 492,433 2021 Base Value Valuation Year $ 721,345 2021 $45,898,354 Total Base Value of Existing and proposed RAA's equals $45,898,354. The 2021 (non -equalized) Gross Market value for the City of Chubbuck is $1,453,517,820, with an Adjusted Market Value of $1,017,465,305. 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 of the Gross Market Value is $145,351,782 with the ten percent (10%) limitation of the Adjusted Market Value equal to $101,746,531. As evidenced in this calculation, the total base value for the current RAA's and the proposed RAA's does not exceed the statutory limitation. PUBLIC IMPROVEMENTS The land as it currently sits is unsuitable for development as it lacks adequate public infrastructure to facilitate development and the terrain and topography are not conducive to encouraging private development. To make the land conducive to development, the developer has requested assistance with certain public infrastructure improvements shown in TABLE 1. FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho C. TABLE 1 Proposed Public Improvements3 .•TOTALCOST Demo/Earthwork $ 3,286,920 $ 1,635,666 EMS Station^ $ 10,800,000 $ 1,200,000 Eng, Contingency, Finance $ 13,845,314 $ 10,557,820 Erosion Control $ 656,340 $ 101,520 Gas, Power, Fiber $ 2,743,998 $ 73,286 Irrigation $ 3,554,736 $ 1,389,852 Misc $ 1,980,870 $ 1,299,126 Parks & Trails $ 4,113,663 $ 4,113,663 Roadway $ 13,271,853 $ 6,269,173 Sewer $ 3,383,910 $ 1,284,785 Sidewalk, Curb & Gutter $ 3,091,620 $ 2,157,141 Storm $ 2,396,850 $ 1,579,805 Water $ 4,809,552 $ 1,590,323 Hiline HS Intersection $ 1,800,000 $ 1,800,000 HS to New Day $ 1,056,000 $ 1,056,000 TOTALS $ 70,791,626 $ 36,108,158 Detailed costs associated with each category are shown in Appendix A. TAX LEVY RATES The tax levies shown in TABLE 2 are used to develop the cash flow projections from the incremental values generated from the new development. This study takes into consideration the impact of termination of the Chubbuck Downtown Improvement Project RAA in 2023 and s The proposed public improvement costs were provided by the developers 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. FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho t"rt r�rirrnrr 7 incorporates estimated impact on tax levies following the anticipated termination'. The calculation of future tax levies for the year following the termination of the plan is governed by Idaho Code Section 63-802, Property Tax Administrative Rule 802.06 and Property Tax Administrative Rules Rule 803-805. TABLE 2 Affected Bannock County Taxing Districts' House Bill 389 passed during the 2021 legislative session changes the way the levy rates will be calculated beginning in 2021. Since this calculation is new and has not been completed prior to the completion of this study, the levy rates used in this analysis and projected for the life of the revenue allocation area are based on the certified 2020 levy rates. 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 4 The impact of House Bill 389 adopted by the Idaho Legislature in 2021, which limits taxing district budgets, is also anticipated to impact the levy rate, but the impact is too speculative to provide meaningful analysis concerning the bill's impact on the future levy rates. 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 31, 2023. 6 Tort levy may generate revenue for the RAA, but is has an immaterial impact on the financial projects and thus is not considered for purposes of the revenue analysis FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho H District Tax Tax levy Taxing District To URD Applied to Levy URD Bannock Ambulance 0.000335278 Y 0.000335278 City of Chubbuck 0.006863105 Y 0.006863105 Bannock County 0.003678348 Y 0.003678348 Bannock County Road & Bridge 0.000502121 Y 0.000502121 Mosquito Abatement District 0.000028966 Y 0.000028966 Portneuf Free Library 0.000532513 Y 0.000532513 Pocatello Sch. District 25 0.003191935 N 0.0000000006 TOTAL 0.015132266 0.011940331 House Bill 389 passed during the 2021 legislative session changes the way the levy rates will be calculated beginning in 2021. Since this calculation is new and has not been completed prior to the completion of this study, the levy rates used in this analysis and projected for the life of the revenue allocation area are based on the certified 2020 levy rates. 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 4 The impact of House Bill 389 adopted by the Idaho Legislature in 2021, which limits taxing district budgets, is also anticipated to impact the levy rate, but the impact is too speculative to provide meaningful analysis concerning the bill's impact on the future levy rates. 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 31, 2023. 6 Tort levy may generate revenue for the RAA, but is has an immaterial impact on the financial projects and thus is not considered for purposes of the revenue analysis FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho H • Improvements advanced funded by property owners/developers • City Advanced 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 development occurring within a certain geographic area 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 increases in 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 ADVANCED FUNDS 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 Advanced Funds. The Sources and Uses of Funds as shown in EXHIBIT C shows utilization of City Advanced Funds for improvements to the water, sewer, and irrigation systems. Such funds are not committed by the City unless and until annually budgeted and appropriated by the City, but are considered for purposes of economic feasibility. The Financial Analysis contemplates the City being reimbursed for these improvements from the projected tax increment revenues. LOCAL IMPROVEMENT DISTRICTS FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho E 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 owner 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 of Chubbuck 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 are 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 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 FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho 10 Based on the information provided by the Chubbuck Development Authority, the most likely source of funds for public infrastructure improvements will come from the Developers who will then be reimbursed a portion of those costs as outlined in CDA policy adopted through Resolution 2018-4. The City has indicated that a portion of funding may be available through City Advanced Funds, subject to annual budget and appropriations. The City is not committed to fund any projects within the Project Area; however, City funding is considered in understanding economic feasibility. The Agency has determined a specific portion of costs that it will consider as reimbursable to the Developers. Costs beyond this determined amount will be the responsibility of the Developers. 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 B 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 an annual cap of $50,000 per Owner Participation Agreement ➢ Assumes 90% of single-family homes will be owner -occupied structures and 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 ➢ This projection assumes levy rates will change due to the termination of the Chubbuck Downtown plan in December 2023. Levy rates are then adjusted down 1% in 2024, and 1% each of the following three years Appendix C shows the projected sources and uses of funds, including Developer contributions, City contributions, incremental tax revenues, and expenses for public improvements. Additionally, this also shows the projected reimbursement to the Developers and city for the public improvements as agreed by the Agency. Anticipated infrastructure Costs Reimbursable Infrastructure Costs $70,791,626 $36,108,158 Constant Levy Rate Reducing Levy Rate FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA 11 Outwest Policy Advisors Burley, Idaho Anticipated Tax Increment Revenues $45,121,376 $42,925,869 As proposed, the development is anticipated to generate sufficient incremental tax revenues over the life of the project. While total infrastructure costs are projected to exceed the revenues generated, the policy governing reimbursable expenses to Developers anticipates that portion eligible for reimbursement to be approximately 74.1% of total revenues. The attached financial projections utilize the reducing levy rate analysis. Beginning in 2024 levy rates are projected to reduce 1%, followed by a 1% reduction for each of the following three years. CONCLUSION Based on the analysis of the projected development, the impact of tax levies on the incremental value of the development, and overall project definition, 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. FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho 12 APPENDIX A DETAILED COSTS OF IMPROVEMENTS FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho 13 FINANCIAL FEASIB 14 est Policy Advisors Burley, Idaho Combined Infrastructure Details CATEGORY I # E ITEM TOTAL TIF ELIGIBLE DEMO/EARTHWORK 201-A Clear and Grub $ 1,369,920 $ 638,016 DEMO/EARTHWORK 202-A Excavation and Embankment $ 1,917,000 $ 997,650 WATER 401-A 8" AWWA C-900 DR 18 Water $ 1,572,120 $ 229,698 WATER 401-B 12" AWWA C-900 DR 18 Water $ 802,872 $ 682,013 WATER 401-C 16" AWWA C-900 DR 18 Water $ 42,900 $ 42,900 WATER 402-A 8" Resilient Seat Gate Valve and Riser $ 206,040 $ 31,008 WATER 402-B 12" Resilient Seat Gate Valve and Riser $ 218,880 $ 198,144 WATER 403-C 16" Resilient Seat Gate Valve and $ 645,840 $ 293,760 WATER 403-A Fire Hydrant Assembly $ 29,400 $ 29,400 WATER 404-A 1" Double Water Service $ 1,055,400 $ 48,600 WATER 404-B 1" Single Water Service $ 101,700 $ 10,800 WATER 404-C 2" Single Water Service $ 124,800 $ 14,400 WATER 410 Canal Crossing $ 9,600 $ 9,600 SEWER 501-A 8" ASTM D 3034 Sewer Line $ 1,515,750 $ 646,523 SEWER 501-B 15" ASTM D 3034 Sewer Line $ 45,120 $ 45,120 SEWER 502-A 48" Sanitary Sewer Manhole $ 689,520 $ 360,192 SEWER 504-B 4" Sanitary Sewer Service $ 1,103,520 $ 202,950 SEWER 510 Canal Crossing $ 30,000 $ 30,000 STORM 601-A 12" HDPE Storm Sewer Line 883,800 497,693 STORM 601-B 24" HDPE Storm Sewer Line $ 288,090 $ 251,370 STORM 601-C 36" HDPE Storm Sewer Line $ 75,240 $ 75,240 STORM 602-A 48" Storm Drain Manhole $ 473,760 $ 273,672 STORM 602-B 48" Storm Drain Inlet $ 293,160 $ 195,510 STORM 603-A CDS Unit $ 240,000 $ 165,120 STORM 603-B 33 Unit "Chambermaxx" InfiltratorGallery and Appurt. $ 96,000 $ 77,280 STORM 603-C Detention System 46,800 43,920 Sidewalk, Curb & Gutter 706-A Standard 6" Curb & Gutter $ 1,579,500 $ 693,981 Sidewalk, Curb & Gutter 709-A 5' Sidewalk $ 1,506,720 $ 1,457,760 Sidewalk, Curb & Gutter 709-B 4' Sidewalk $ 5,400 $ 5,400 IRRIGATION 901-A 6" SDR -21 Irrigation Pipe $ 1,385,640 $ 526,872 IRRIGATION 902-A 6" Irrigation Valve $ 189,600 $ 53,100 IRRIGATION 902-B 12" Irrigation Valve $ $ IRRIGATION 903-A 1" Irrigation Service with Fiberglass Box $ 903,496 $ 65,880 IRRIGATION 904-A Irrigation Pumpstation $ 1,176,000 $ 744,000 ROADWAY 810-A Plant Mix Asphalt Pavement Section $ 9,391,083 $ 4,371,658 ROADWAY 810-B 40 x 66 Gravel Turnaround $ 44,400 $ 4,800 ROADWAY 810-C Alley with Curb & Gutter $ 2,118,660 $ 184,005 ROADWAY 810-D 10' Path $ 1,063,710 $ 1,054,710 ROADWAY 810-E Canal Bride $ 654,000 $ 654,000 ROADWAY 825 Bridge Crossing $ $ EROSION CONTROL 1001-A Staging Area $ 90,000 $ 30,000 EROSION CONTROL 1001-B Stabilized Construction Entrance $ 36,000 $ 12,000 EROSION CONTROL 1003-C Silt Fence 70,800 13,800 EROSION CONTROL 1004-A Drainage Ditch $ 23,400 $ 7,800 EROSION CONTROL 1006-C Inlet Protection $ 58,140 $ 7,920 EROSION CONTROL 1008-A Temporary Mailbox $ 18,000 $ 6,000 EROSION CONTROL 1009-A Concrete Washout $ 72,000 $ 24,000 EROSION CONTROL 206-B Reve etation-Hydroseed $ 288,000 $ MISC 2010 Mobilization $ 120,000 $ 30,000 MISC 2060 Neighborhood Mailbox Unit $ 350,400 $ - MISC SP -1 30' Path/Landscape Harvest S rin $ 850,320 $ 850,320 MISC SP -2 10' Landscape Harvest Springs Dr $ 177,150 $ 177,150 Parks & Trails SP -9 Neighborhood Park Storm $ 736,200 $ 736,200 Parks & Trails SP -10 Open Space/Storm $ $ Parks & Trails SP -3 Pocket Park/Storm $ 2,031,720 $ 2,031,720 Parks & Trails SP -4 Open Space $ 1,075,743 $ 1,075,743 Parks & Trails SP -5 Lake $ 270,000 $ 270,000 MISC SP -11 Materials Testing $ 288,000 $ 160,080 MISC SP -12 Erosion Control Maintenance & Documentation $ 111,000 $ 54,072 MISC SP -13 Survey Vault $ 84,000 $ 27,504 Eng, Contingency, Finance SP -14 Engineer Surveying, Management 10% $ 4,054,631 $ 3,858,293 Eng, Contingency, Finance SP -15 Contingency 12% $ 5,920,942 $ 2,829,785 Eng, Contingency, Finance SP -11 Financing Expense $ 3,869,741 $ 3,869,741 Gas, Power, Fiber SP -12 Gas/Power/Fiber Utilities $ 2,743,998 $ 73,286 EMS Station EMS1 EMS Station $ 10,800,000 $ 1,200,000 Hiline HS intersection new intersection at Hiline and Harvest Springs Drive $ 1,800,000 $ 1,800,000 HS to New Day New intersection at New Day and prilvL s $ 1,056,000 70,791,626 $ 1,056,000 $ 36,1 , Aw 14 est Policy Advisors Burley, Idaho FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho 15 APPENDIX B ESTIMATED TAX INCREMENT REVENUES FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho 16 Harvest Springs Project Area BASE AG Exclusion Initial Land Value Initial Improvement Initial Base Value Value Value Y $ 369,724 $ 351,621 $ 721,345 Improvement Base Value + inflation 2 $ 351,621 $ 358,653 $ 365,826 $ 373,143 $ 380,606 $ 388,218 $ 395,982 $ 403,902 $ 411,980 $ 420,220 $ 428,624 $ 437,197 $ 445,940 $ 454,859 $ 463,956 $ 473,236 $ 482,700 $ 492,354 $ 502,201 $ 512,245 Total BASE Value Adjusted Base Value w/ w/AG ex AG ex 1,2 721,345 732,075 742,982 754,070 765,342 776,802 788,452 800,296 812,338 824,581 837,029 849,686 862,555 875,640 888,945 902,474 916,231 930,220 944,446 958,912 2,3,7 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 Initial Base Value Annual New Const. Value Initial Land Value RAA Year W/ AG exemption YEAR +Inflation inflation +inflation 1 1 2022 $ 369,724 2 2023 $ 373,421 3 2024 $ 377,155 4 2025 $ 380,927 5 2026 $ 384,736 6 2027 $ 388,584 7 2028 $ 392,469 8 2029 $ 396,394 9 2030 $ 400,358 10 2031 $ 404,362 11 2032 $ 408,405 12 2033 $ 412,489 13 2034 $ 416,614 14 2035 $ 420,780 15 2036 $ 424,988 16 2037 $ 429,238 17 2038 $ 433,530 18 2039 $ 437,866 19 2040 $ 442,244 20 2041 $ 446,667 Improvement Base Value + inflation 2 $ 351,621 $ 358,653 $ 365,826 $ 373,143 $ 380,606 $ 388,218 $ 395,982 $ 403,902 $ 411,980 $ 420,220 $ 428,624 $ 437,197 $ 445,940 $ 454,859 $ 463,956 $ 473,236 $ 482,700 $ 492,354 $ 502,201 $ 512,245 Total BASE Value Adjusted Base Value w/ w/AG ex AG ex 1,2 721,345 732,075 742,982 754,070 765,342 776,802 788,452 800,296 812,338 824,581 837,029 849,686 862,555 875,640 888,945 902,474 916,231 930,220 944,446 958,912 2,3,7 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 721,345 Initial Base Value Annual New Const. Value Cum. New Const Increase due to on tax roll Value +Inflation inflation C+D-F 2 2,3,6 $ 10,730 $ 6,240,000 $ 6,240,000 $ 21,637 $ 15,758,400 $ 22,123,200 $ 32,725 $ 15,629,988 $ 38,195,652 $ 43,997 $ 25,950,048 $ 64,909,613 $ 55,457 $ 27,959,964 $ 94,167,769 $ 67,107 $ 45,060,000 $ 141,111,124 $ 78,951 $ 27,720,000 $ 171,653,346 $ 90,993 $ 23,850,000 $ 198,936,413 $ 103,236 $ 31,800,000 $ 234,715,141 $ 115,684 $ 37,890,000 $ 277,299,444 $ 128,341 $ 14,760,000 $ 297,605,433 $ 141,210 $ 13,020,000 $ 316,577,542 $ 154,295 $ 14,730,000 $ 337,639,093 $ 167,600 $ 10,410,000 $ 354,801,875 $ 181,129 $ 10,410,000 $ 372,307,913 $ 194,886 $ 16,680,000 $ 396,434,071 $ 208,875 $ 25,320,000 $ 429,682,752 $ 223,101 $ 22,440,000 $ 460,716,407 $ 237,567 $ 27,000,000 $ 496,930,735 Cumulative Homeowners' Exemption 4 1,500,000 6,425,000 10,637,500 15,625,000 20,675,000 27,600,000 33,650,000 39,075,000 46,600,000 55,662,500 59,225,000 62,137,500 66,075,000 68,887,500 71,700,000 76,325,000 83,325,000 90,450,000 99,825,000 Cumulative Total Taxable Value 1,2,4,6,7 721,345 5,472,075 16,441,182 28,312,222 50,049,955 74,269,571 114,299,576 138,803,642 160,673,751 188,939,722 222,473,973 239,230,119 255,302,597 272,439,733 286,803,320 301,510,387 321,025,302 347,287,972 371,210,853 398,064,647 Increment Value (Taxable Value - Base) 1,2,4,6,7 $ 4,750,730 $ 15,719,837 $ 27,590,877 $ 49,328,610 $ 73,548,226 $ 113,578,231 $ 138,082,297 $ 159,952,406 $ 188,218,377 $ 221,752,628 $ 238,508,774 $ 254,581,252 $ 271,718,388 $ 286,081,975 $ 300,789,042 $ 320,303,957 $ 346,566,627 $ 370,489,508 $ 397,343,302 Levy Rate Tax Increment Yield Admin Costs Funding for Capital Projects/Debt Service 3 9 0.011940331 $ 0.011940331 $ 0.011820928 $ 0.011702718 $ 0.011585691 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 0.011469834 $ 56,725 185,823 322,888 571,506 843,586 1,302,723 1,583,781 1,834,628 2,158,834 2,543,466 2,735,656 2,920,005 3,116,565 3,281,313 3,450,000 3,673,833 3,975,062 4,249,453 4,557,462 41 L,LS/,JLU 41L,bL6,4UU 43,3b3,3U7 ASSUMPTIONS: 1 Land Values inflation per year 1.000/0 Z Improvement Values inflation per year 2.00% 3 Administrative costs: 20.00% annual cap of $ 100,000 Y If no annual cap, enter N in G31, otherwise enter Y in G31 4 Assumes as shown on Adjusted Base Value worksheet, # units eligible for Homeowner's Exemption 5 Property tax income available the year following completion of construction 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 B This projection assumes levy rates will be reduced during the life of the RAA 9 Taxes will be collected the year following this year FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA 17 $ 11,345 $ 45,380 $ 37,165 $ 148,658 $ 64,578 $ 258,310 $ 100,000 $ 471,506 $ 100,000 $ 743,586 $ 100,000 $ 1,202,723 $ 100,000 $ 1,483,781 $ 100,000 $ 1,734,628 $ 100,000 $ 2,058,834 $ 100,000 $ 2,443,466 $ 100,000 $ 2,635,656 $ 100,000 $ 2,820,005 $ 100,000 $ 3,016,565 $ 100,000 $ 3,181,313 $ 100,000 $ 3,350,000 $ 100,000 $ 3,573,833 $ 100,000 $ 3,875,062 $ 100,000 $ 4,149,453 $ 100,000 $ 4,457,462 $ 1,713,087 $ 41,650,222 Outwest Policy Advisors Burley, Idaho { CDA Reimbursable Improvements Park Improvements Street Improvements } 3 4 fi I�iCFi _ -k f; 'SIN 1/4 APPENDIX C SOURCES AND USES OF FUNDS FINANCIAL FEASIBILITY STUDY HARVEST SPRINGS PROJECT AREA Outwest Policy Advisors Burley, Idaho Harvact Cnri-r'nmhinerl M l* 7 i 4 S A 7 R 9 1n 11 17 1q 14 1% 19 17 IR 19 7n ' 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Total Beginning Balance $ $ 197,719 $ 197,719 $ 201,444 $ (851,600) $ (848,125) $ (825,815) $ (789,731) $ (745,216) $ (693,176) $ (615,043) $ (541,737) $ (462,665) $ (449,555) $ (267,554) S (267,553) $ (230,411) $ (230,411) $ (230,411) $ 1,169,678 $ _ $ _ Source of Funds $ _ $ _ $ _ $ 1,200,000 Eng, Contingency, Finance $ 1,446,957 $ 532,273 $ $ 1,867,313 $ 338,963 $ $ 1,256,803 $ $ 863,694 $ 54,707 $ 420,594 $ $ 1,039,400 $ Revenue Allocation $ $ 56,725 $ 185,823 $ 322,888 $ 571,506 $ 843,586 $ 1,302,723 $ 1,583,781 $ 1,834,628 $ 2,158,834 $ 2,543,466 $ 2,735,656 $ 2,920,005 $ 3,116,565 $ 3,281,313 $ 3,450,000 $ 3,673,833 $ 3,975,062 $ 4,249,453 $ 4,557,462 $ 43,363,309 $ _ Developer Contribution $ 7,585,293 $ 2,942,560 $ $ 8,237,941 $ 2,540,640 $ $ 7,937,552 $ $ 3,837,125 $ 769,703 $ 2,839,501 $ $ 6,620,927 $ $ $ 4,190,357 $ $ 6,260,410 $ $ 3,471,404 $ 57,233,411 $ _ City Contribution Water $ 219,210 $ $ $ 220,180 $ S $ 104,060 $ $ 97,020 $ $ $ S 61,260 $ $ $ 175,588 $ $ 30,726 $ S 104,025 $ 1,012,069 City Contribution Sewer $ 132,844 $ $ $ 202,575 $ S $ 67,388 $ $ 65,370 $ $ $ $ 67,775 $ $ $ 170,888 $ $ 46,303 $ $ 76,288 $ 829,429 $ 279,360 City Contribution Irrigation $ 150,000 1 $ 150,000 $ $ 116,700 $ $ $ 203,730 $ $ 140,460 $ $ $ $ 27,020 $ $ $ 77,420 $ $ 16,480 $ $ 42,500 $ 924,310 $ 248,400 City Contribution EMS $ _ $ _ $ _ $ _ $ _ _ S 5 _ _ 5 $ _ $ 10,800,000 5 _ _ $ $ _ _ $ $ _ $ _ _ $ $ _ _ $ 5 _ $ 10,800,000 $ City to CDA Planning Grant $ 60,000 $ $ $ $ $ $ $ 9,750 $ $ $ $ $ $ $ S 718,107 $ $ $ $ $ $ $ 6,269,173 $ $ 312,323 1 $ 60,000 $ Other Revenue - Grant $ $ $ $ $ $ $ $ $$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,284,785 $ 290,790 Total Funds Available $ 8,147,347 $ 3,347,004 383,542 $ 9,301,728 $ 2,260,546 $ (4,539) $ 8,789,637 $ 794,050 $ ,229,387 1 $ 13,035,361 $ 4,767,924 $ 2,193,919 $ 9,234,321 $ 2,667,010 $ 3,013,759 $ 7,796,699 $ 3,443,422 $ 10,098,569 $ 4,019,042 $ 9,421,356 1, 114,222,528 USES OF FUNDS 357,323 $ 149,940 $ $ 340,380 $ 52,680 S $ 272,670 $ $ 70,794 $ 61,860 $ $ $ 51,900 $ $ $ 135,051 $ $ 23,937 $ INVESTMENTS $ 1,579,805 Water $ 367,392 $ $ $ 305,256 $ 225,660 S $ 124,872 $ 5 116,424 $ $ $ $ 78,312 $ $ S 210,706 1 Demo/Earthwork $ 449,880 $ 243,120 $ $ 424,320 $ 91,200 $ $ 420,600 $ $ 223,200 $ 46,800 $ 255,000 $ $ 343,800 $ $ $ 223,200 $ $ 293,400 $ $ 272,400 $ 3,286,920 2 EMS Station- $ _ $ _ $ _ $ _ $ _ _ $ $ _ _ $ $ _ $ 10,800,000 $ _ _ $ $ _ _ $ $ _ $ _ _ $ $ _ _ $ $ _ $ 10,800,000 3 Eng, Contingency, Finance $ 1,647,515 $ 774,215 $ $ 2,145,763 $ 460,073 $ $ 1,630,447 $ $ 1,036,433 $ 135,848 $ 710,862 $ $ 1,633,462 $ $ $ 1,155,167 $ $ 1,590,689 $ $ 924,839 $ 13,845,314 4 Erosion Control $ 74,760 $ 55,500 $ $ 74,280 $ 19,080 $ $ 55,500 $ $ 55,500 $ 22,860 $ 55,500 $ $ 76,860 $ $ $ 55,500 $ $ 55,500 $ $ 55,500 $ 656,340 5 GAS, POWER, FIBER $ 293,142 $ 167,747 $ $ 435,432 $ $ $ 353,263 $ $ 224,561 $ $ 154,020 $ $ 320,516 $ $ $ 250,286 $ $ 344,649 $ $ 200,382 $ 2,743,998 6 Irrigation $ 383,310 $ 250,680 $ $ 462,156 $ 128,760 $ $ 425,958 $ $ 335,556 $ 140,760 $ 264,876 $ $ 406,152 $ $ $ 204,312 $ $ 372,972 $ $ 179,244 $ 3,554,736 7 Misc $ 289,710 $ 61,800 $ $ 499,560 $ 33,000 $ $ 352,800 $ $ 73,800 1 $ 25,800 $ 61,800 $ $ 298,800 $ $ $ 78,600 $ $ 120,600 $ $ 84,600 1 $ 1,980,870 8 Parks & Trails $ 366,570 $ 560,949 $ $ 690,369 $ 248,400 S $ 452,658 $ $ 250,698 $ 39,600 $ 75,846 $ $ 563,238 $ $ S 189,885 $ $ 414,042 $ $ 261,408 $ 4,113,663 9 Roadway $ 1,740,990 $ 426,909 $ $ 2,035,536 $ 873,300 $ $ 1,522,521 $ $ 1,043,558 $ 139,230 $ 613,296 $ $ 1,615,062 $ $ 5 1,198,874 $ $ 1,380,174 $ $ 682,404 $ 13,271,853 10 Sewer $ 365,460 $ 111,720 $ $ 474,720 $ 170,880 $ $ 331,500 $ $ 207,300 $ 22,440 $ 130,890 $ $ 429,090 $ $ $ 292,950 $ $ 555,630 $ $ 291,330 $ 3,383,910 11 Sidewalk, Curb & Gutter $ 345,600 $ 138,960 $ $ 448,980 $ 133,200 $ $ 194,640 $ $ 296,340 $ 32,400 $ 220,710 $ $ 295,560 $ $ $ 364,740 $ $ 385,980 $ $ 234,510 $ 3,091,620 12 Storm $ 429,690 $ 149,940 $ $ 381,360 $ 52,680 $ $ 286,590 $ $ 117,990 $ 61,860 $ 115,860 $ $ 242,040 $ $ $ 192,930 $ $ 239,370 $ $ 126,540 $ 2,396,850 13 Water $ 651,132 $ 151,020 $ $ 709,716 $ 340,740 $ $ 486,252 $ $ 275,040 $ 85,740 $ 180,840 $ $ 539,292 $ $ $ 407,808 $ $ 600,912 $ $ 381,060 $ 4,809,552 $ 3,350,000 Hiline HIS Intersection $ 3,875,062 $ 4,149,453 $ 4,457,462 $ 41,587,815 DEBT SERVICE $ 11800,000 $ 1,800,000 HIS to New Day $ 1,056,000 Available for Debt Service $ 1,049,588 $ $ 124,038 $ 258,310 $ 471,506 $ 743,586 $ 1,202,723 $ 1,483,781 $ 1,734,628 $ 2,058,834 $ 1,056,000 $ 2,635,656 $ 2,820,005 $ 3,016,565 $ 3,181,313 $ 3,350,000 $ 3,573,833 $ 3,875,062 $ 4,149,453 $ 4,457,462 $ 41,587,815 Developer Debt Service Obligation $ 787,191 $ $ 93,028 $ 193,732 $ 353,629 $ 557,689 $ 902,042 $ 1,112,835 $ $ 1,544,125 TOTAL INVESTMENTS $ 7,037,759 $ 3,092,560 $ 9,838,192 $ 2,551,313 $ $ 8,312,729 $ $ 4,139,975 $ 11,553,338 $ 2,839,501 $ $ 6,763,873 1 $ $ 4,614,252 $ $ 6,353,918 $ 3,694,216 $ 70,791,626 Reimbursable 1 2 3 4 5 6 7 8 9 10 11 12 13 FINANCIAL FE Demo/Earthwork $ 341,310 $ 210,696 $ $ 310,530 $ 70,800 $ $ 189,270 $ $ 133,920 $ $ $ $ 57,360 $ $ $ 156,240 $ $ 29,340 $ $ 136,200 $ 1,635,666 EMS Station^ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ 1,200,000 $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ 1,200,000 Eng, Contingency, Finance $ 1,446,957 $ 532,273 $ $ 1,867,313 $ 338,963 $ $ 1,256,803 $ $ 863,694 $ 54,707 $ 420,594 $ $ 1,039,400 $ $ $ 1,010,772 $ $ 994,181 $ $ 732,164 $ 10,557,820 Erosion Control $ 19,440 $ _ $ _ $ 18,780 $ 19,080 $ _ $ _ $ _ $ _ $ 22,860 $ _ $ _ $ 21,360 $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ 101,520 GAS, POWER, FIBER $ 73,286 $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ $ 73,286 Irrigation $ 222,240 $ 180,000 $ $ 153,720 $ 128,760 $ $ 244,476 $ $ 168,552 $ 96,000 $ $ $ 32,424 $ $ $ 92,904 $ $ 19,776 $ $ 51,000 $ 1,389,852 Misc $ 234,510 $ 14,400 $ $ 456,360 $ 18,600 $ $ 279,360 $ $ 24,480 $ 18,600 $ 816 $ $ 200,520 $ $ $ 27,720 $ $ 3,960 $ $ 19,800 $ 1,299,126 Parks & Trails $ 366,570 $ 560,949 $ $ 690,369 $ 248,400 $ $ 452,658 $ $ 250,698 $ 39,600 $ 75,846 $ $ 563,238 $ $ $ 189,885 $ $ 414,042 $ $ 261,408 $ 4,113,663 Roadway $ 1,302,533 $ 108,180 $ $ 1,460,952 $ 600,900 S $ 631,598 $ S 495,923 $ 9,750 $ 49,860 $ S 388,670 $ $ S 718,107 $ $ 202,988 $ S 299,712 $ 6,269,173 Sewer $ 312,323 1 $ $ $ 287,490 $ 92,160 $ $ 80,865 $ $ 78,444 $ $ $ $ 81,330 $ $ $ 205,065 $ $ 55,563 $ $ 91,545 $ 1,284,785 Sidewalk, Curb & Gutter $ 290,790 $ $ $ 384,450 $ 83,700 $ $ 130,686 $ $ 244,572 $ $ 126,120 $ $ 164,160 $ $ $ 317,166 $ $ 233,862 $ $ 181,635 $ 2,157,141 Storm $ 357,323 $ 149,940 $ $ 340,380 $ 52,680 S $ 272,670 $ $ 70,794 $ 61,860 $ $ $ 51,900 $ $ $ 135,051 $ $ 23,937 $ $ 63,270 $ 1,579,805 Water $ 367,392 $ $ $ 305,256 $ 225,660 S $ 124,872 $ 5 116,424 $ $ $ $ 78,312 $ $ S 210,706 $ $ 36,871 $ $ 124,830 $ 1,590,323 Hiline HIS Intersection $ 1,800,000 $ 1,800,000 HS to New Day $ 1,056,000 $ 1,056,000 Total Reimbursable Expenses $ 5,334,672 $ 1,756,438 $ $ 7,331,600 $ 1,879,703 $ $ 5,463,258 $ $ 2,447,501 $ 1,503,377 $ 673,236 $ $ 2,678,675 $ $ $ 3,063,616 $ $ 2,014,520 $ $ 1,961,564 $ 36,108,158 Net available for Operating Expenses & Debt Service $ 11109,588 $ 56,725 $ 185,823 $ 322,888 $ 571,506 $ 843,586 $ 1,302,723 $ 1,583,781 $ 1,834,628 $ 2,158,834 $ 2,543,466 $ 2,735,656 $ 2,920,005 $ 3,116,565 $ 3,281,313 $ 3,450,000 $ 3,673,833 $ 3,975,062 $ 4,249,453 $ 4,557,462 $ 44,472,897 OPERATING EXPENSES Agency Operating Expenses $ $ 11,345 $ 37,165 $ 64,578 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 1,713,087 Eli ibilt Report Urban Renewal Plan $ 60,000 $ 60,000 Repay City to CDA Planning Grant $ 45,380 $ 24,620 $ 70,000 TOTAL OPERATING EXPENSES $ 60,000 $ 56,725 $ 61,785 $ 64,578 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 1,843,087 Net Available After Investments & Operating Expenses $ 1,049,588 $ $ 124,038 $ 258,310 $ 471,506 $ 743,586 $ 1,202,723 $ 1,483,781 $ 1,734,628 $ 2,058,834 $ 2,443,466 $ 2,635,656 $ 2,820,005 $ 3,016,565 $ 3,181,313 $ 3,350,000 $ 3,573,833 $ 3,875,062 $ 4,149,453 $ 4,457,462 $ 41,587,815 DEBT SERVICE Available for Debt Service $ 1,049,588 $ $ 124,038 $ 258,310 $ 471,506 $ 743,586 $ 1,202,723 $ 1,483,781 $ 1,734,628 $ 2,058,834 $ 2,443,466 $ 2,635,656 $ 2,820,005 $ 3,016,565 $ 3,181,313 $ 3,350,000 $ 3,573,833 $ 3,875,062 $ 4,149,453 $ 4,457,462 $ 41,587,815 Developer Debt Service Obligation $ 787,191 $ $ 93,028 $ 193,732 $ 353,629 $ 557,689 $ 902,042 $ 1,112,835 $ 1,300,971 $ 1,544,125 $ 1,832,599 $ 1,976,742 $ 2,425,204 $ 2,594,245 $ 3,054,060 $ 3,216,000 $ 3,573,833 $ 3,875,062 $ 2,749,364 $ $ 32,142,351 Additional Developer Principal City Reimbursements* WATER $ 28,240 $ $ 4,961 $ 10,332 $ 18,860 S 29,743 $ 48,108 $ 59,351 $ 69,385 $ 82,353 $ 97,738 $ 105,426 $ 112,800 $ 120,662 $ 127,252 $ 96,858 $ $ $ $ $ 1,012,069 SEWER $ 17,114 $ $ 6,201 $ 12,915 $ 23,575 $ 37,179 $ 60,136 $ 74,189 $ 86,731 $ 102,941 $ 122,173 $ 131,782 $ 141,000 $ 13,493 $ $ $ $ $ $ $ 829,429 IRRIGATION $ 19,324 $ $ 6,201 $ 12,915 $ 23,575 $ 37,179 $ 60,136 $ 74,189 $ 86,731 $ 102,941 $ 122,173 $ 131,782 $ 141,000 $ 106,164 $ $ $ $ $ $ $ 924,310 EMS Station^ $ $ $ 9,923 $ 20,664 $ 37,720 $ 59,486 $ 96,217 $ 118,702 $ 138,770 $ 164,706 $ 195,477 $ 210,852 $ $ $ $ $ $ $ $ $ 1,052,517 $ - 5 - 5 - S - 5 - S - S - 5 - S - S - 5 - S - S - $ - 5 - 5 - S - 5 - 5 - S - 5 - TOTALDEBTSERVICE $ 851,868 $ $ 120,314 $ 250,558 $ 457,359 $ 721,276 $ 1,166,639 $ 1,439,266 $ 1,682,588 $ 1,997,066 $ 2,370,160 $ 2,556,584 $ 2,820,004 $ 2,834,564 $ 3,181,312 $ 3,312,858 $ 3,573,833 $ 3,875,062 $ 2,749,364 $ $ 35,960,675 Total Use of TIF Funds $ 7,949,627 $ 3,149,285 $ 182,099 $ 10,153,328 $ 3,108,672 $ 821,276 $ 9,579,368 $ 1,539,266 $ 5,922,563 $ 13,650,404 $ 5,309,661 $ 2,656,584 $ 9,683,877 $ 2,934,564 $ 3,281,312 $ 8,027,110 $ 3,673,833 $ 10,328,980 $ 2,849,364 $ 3,794,216 $ 108,595,389 Available for Other In -District Projects $ 197,719 $ $ 3,724 $ 7,752 $ 14,147 $ 22,310 $ 36,084 $ 44,515 $ 52,040 $ 61,768 $ 73,306 $ 79,072 $ 1 $ 182,001 $ 1 $ 37,142 $ $ $ 1,400,089 $ 4,457,462 Ending Balance $ 197,719 $ 197,719 $ 201,444 $ (851,600) $ (848,125) S (825,815) $ (789,731) $ (745,216) $ (693,176) $ (615,043) $ (541,737) $ (462,665) $ (449,555) $ (267,554) $ (267,553) $ (230,411) $ (230,411) $ (230,411) $ 1,169,678 $ 5,627,140 $ 5,627,140 Assumptions A reimbursement of costs for the EMS station is for below ground infrastructure only * taxes revenues collected the following year, as such Chubbuck Development Authority will receive revenues projected for 2041 in 2042 * City contributions are subject to City annual budget and appropriations process. Potential City funds are included based on potential City participation for purposes of the economic feasibility study If surplus funds accrue, additional principal maybe paid at the discretion of the Agency. Provides for 20% of annual revenue allocation for Agency administration and professional support. Capped at $50,000 annually per OPA. Assumed reimbursement rates: on projects and and are only shown 20.00% DEVELOPER 75.00%1 75.00% 75.00% 75.00% 75.00% 75.00% 75.00% 75.00% 75.00% 75.00% 75.00% 75.00% 86.00% 86.00% 96.00% 96.00% 100.00% 100.00% 88.51% 0.00% EMS StationA 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 8.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% IRRIGATION 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% utwest Poli SEWER 5.00%1 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% WATER 4.00%1 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 0.00%1 0.00% 0.00% 0.00% Bi zy Advisors (rley, Idaho ATTACHMENT 6 Agricultural Operation Consents (Attachments B and C are only attached to the first Consent due to length) 4812-9321-6486, v. 7 CONSENT FORM COMES NOW RYAN SATTERFIELD, PRESIDENT of SATTERFIELD REALTY AND DEVELOPMENT, INC., an Idaho Corporation, and KEVIN LOVELAND, MANAGER of VIEW POINTE DEVELOPMENTS, LLC:, an Idaho LLC, (Collectively representing the "HARVEST SPRINGS JV," an Idaho PatUcrship and states that HARVEST SPRINGS JV owns that certain property generally described as Parcel Identification Number: RPRCCPC041700 and RPRCCPC041600, more particularly described in 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 Q, 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 Chubbucic Development Authority, prepared by Renee Magee, JFoster and Associates, and as attached hereto as Exhibit C. Further, SATTERFIELD and LOVE -LAND of said HARVEST SPRINGS JV, hereby provides their consent and approval that the subject Property may be included within a proposed urban renewal area, and may be deemed appropriate for inclusion within an urban renewal project area as defined by the 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, as the property possesses certain characteristics of eligibility. DATED this ' `,' day of J 0 i -V , 2020. T Harvest Springs JV, a general partnership, being comprised of Satterfield Rcalty & Development, Inc and View Pointe Developments, LLC Rya, Satterfield, President, Satterfield Realty & Development, Inc. B• Kev n Loveland, ember, View Poli to Developments, LLC STATE OF IDAHO } ss: County of Bannock ) On this day of , 2020, before me, a notary public in and for said state, personally appeared R an Sa terfield, known or identified to me to be the President of Satterfield Realty and Development, Inc, one of the general partners of Harvest Springs JV, an Idaho general partnership, and one of the partners that subscribed said partnership name to the Foregoing instrument, and actuiowledged to me that he executed the within instrument on behalf of said corporation executed the same in said partnership name, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certircate first above written. A I ; n P � 1111STIE PETEFISON COMMISSION 1120206434 NOTARY PUBLIC STATE of IDA110 E COMMISSION IrXPIRES 02/24/2426 0 q•':'•':'4;Ro STATE OF IDA[ 10 ) County of Bannock ) Notary Public for Idah Residing At �y My Commission Expires On this day of , 2020, before me, a notary public in and for said state, personally appeared IS#rin Lovbland, known or identified to me to be the managing member of View Pointe Developments, LLC, one of the general partners of Harvest Springs JV, an Idaho general partnership, and one of the partners that subscribed said partnership narne to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said corporation executed the same in said partnership name, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .lab MRSTIE nEYFFISON COMMISSION ;I 2020()434 NOTAHY PUSLIC STATE OF IDAHO MY COMMISSION EXPIRES 62124/2026 ,w+ig•�C�s4p�=7Sc +gV"4jYf.�PQl�46°'�� Lq Vt� Notary Public for Idaho Residing At xji 1q.[ 'f� fly My Commission ExpiresWI-44,i� EXHIBIT A LEGAL DESCRII''l'lON A PARCELOF LOCATED IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, 4015E MERIDIAN, BANNOCK COUNTY, IDAHO DESCRIBED A$ FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF SECTION 35, SAID POINT BEING MONUMENTED BY A 3/4" DIAMETER IRON ROD WITH TOP MARKED 35/2 PER CORNER PERPETUATION RECORDED A5 INSTRUMENT NO. 20520350 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 0"06'55" EAST, (BASIS OF BEARING PER TETE EAST ZONE OF THE IDAHO STATE PLANE COORDINATE SYSTEM) ALONG THE EAST BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO ANDREW DAVID STODDARD & BROOKLYN JAYNE STODDARD AS DESCRIBED IN WARRANTY DEEDS RECORDED AS INSTRUMENT NOS. 21514658-9, THE SAME BEING THE LONGITUDINAL CENTERLINE OF SECTION 35, A DISTANCE OF 2550.69 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND, SAID POINT BEING THE CENTER 1/4 CORNER OF SECTION 35, BEING MONUMENTED BY A 5/8" BY 30" REBAR WITH ALUMINUM CAP PER CORNER PERPETUATION RECORDED AS INSTRUMENT NO. 20616613 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 89°48'40" WEST, ALONG THE NORTH BOUNDARY LINES OF THE= STODDARD PARCEL, A PARCEL OF LAND BELONGING TO TERRENCE J. MERZLOCK & OLIVIA G. MERZLOCK AS DESCRIBED IN WARRANTY DEED RECORDED AS INSTRUMENT NO. 20405858, AND THE NORTH BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO THE JEFFERY D. DRISCOLL OR JULIE P. DRISCOLL REVOCABLE TRUST AS DESCRIBED IN QUITCLAIM DEED RECORDED A5 INSTRUMENT NO. 21806673 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY, THE SAME; BEING THE LATITUDINAL CENTERLINE OF SECTION 35, A DISTANCE OF 1585.80 FEET TO A PAINT ON THC CENTERLINE OF THE HILINE CANAL; THENCE FOLLOWING ALONG THE SAID CENTERLINE AS SHOWN ON RECORD OF SURVEY FOR THE ADAMS COMPANY RECORDED AS INSTRUMENT NO. 20900258 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY OVER THE FOLLOWING FIVE (5) COURSES: 1. NORTH 0`35'06" EAST A DISTANCE OF 1029.73 FEET; 2. NORTH 931'31" EAST A D15TANCE OF 808.83 FEET; 3. NORTH 18°21'19" EAST A DISTANCE OF 31.5.85 FEET; 4. NORTH 26°17'16" EAST A DISTANCE OF 314.45 FEET; 5. NORTH 13°7.1'58" EAST A DISTANCE OF 241.08 TO A POINT ON THE NORTH LINE OF SAID SECTION 35; THENCE SOUTH 89'45'49" EAST, ALONG THE NORTH LINE OF SECTION 35, A DISTANCE OF 1152.05 FEET TO THE NORTH 1/4 CORNER OF SECTION 35, SAID POINT BEING A POINT ON THE WEST BOUNDARY LINE OF PRAIRIE ESTATES SUBDIVISION, A SUBDIVISION RECORDED AS INSTRUMENT NO. 20721291 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE FOLLOWING ALONG THE WEST AND SOUTH BOUNDARY LINES OF PRAIRIE ESTATES SUBDIVISION OVER THE FOLLOWING TWO (2) COURSES: 1. SOUTH 0°06'55" WEST A DISTANCE OF 1323.73 FEET; 2. SOUTH 89°48'18" EAST A DISTANCE OF 2384.09 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 15; THENCE FOLLOWING ALONG THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 15 PER FEDERAL AID PROJECT NOS. 1-15-2(3)71 & 1-15-2(1)72 OVER THE FOLLOWING EIGHT (8) COURSES: 1, SOUTH 19°06'42" WEST A DISTANCE OF 121.71 FEET TO A POINT OF NDN -TANGENCY WITH A 11.659.16 FOOT RADIUS CURVE, THE CENTER OF WHICH CENTER BEARS SOUTH 70°49'38" EAST; 2. FOLLOWING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 0'20119" FOR AN ARC LENGTH OF 68.88 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 19°007'13" WEST A DISTANCE OF 68.88 FEET) TO A POINT OF NON -TANGENCY; 3. SOUTH 4°30'14" WEST A DISTANCE OF 208,59 FEET TO A POINT OF NON -TANGENCY WITH A 1.1609.15 FOOT RADIUS CURVE, THE CENTER OF WHICH BEARS SOUTH 72°09'48" EAST; 4. FOLLOWING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 9°30'09" FOR AN ARC LENGTH OF 1925.37 FEET (THE CHORD) OF SAID CURVE BEARS SOUTH 13°05'08" WEST A DISTANCE OF 1923.16 FEET) TO A POINT OF NON - TANGENCY; 5. SOUTH 21°40'02" WEST A DISTANCE OF 209.1.4 FEET; 5. SOUTH 6°50'03" WEST A DISTANCE OF 203.49 FEET; 7. SOUTH 11°58'04" EAST A DISTANCE OF 162.34 FEET; 8. SOUTH 5°34'22" WEST A DISTANCE OF 103.75 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO THE CITY OF CHUBBUCK A5 DESCRIBED IN WARRANTY DEED RECORDED AS INSTRUMENT NO. 21813722 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY,- THENCE OUNTY; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINES OF SAID PARCEL OF LAND OVER THE FOLLOWING THREE (3) COURSES: 1. SOUTH 19°36'39" WEST DISTANCE OF 102.90 FEET, MORE OR LESS; 2. SOUTH 9°23'19" WEST A DISTANCE OF 736.69 FEET; 3. SOUTH 21°19'00" WEST A DISTANCE OF 243,43 FEETTO A POINT ON THE SOUTH LINE OF SAID SECTION 35; THENCE NORTH 89°51'08" WEST, ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 1556.95 FEET TO THE POINT OF BEGINNING. CONTAINING 267.07 ACRES, MORE OR LESS. EXHIBIT B EXCERPTS OF STATUTES IDAHO COD£. §§ 50-2018(8) AND (9),50-2008,50-2903(8) EXHIBIT R EXCERPTS OF STATUTES IDAHO CODE §§ 50-2018(8) AND (9) (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 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. IDAHO CODE § 50-2008 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 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. 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. IDAHO CODE §50-2903(8) (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, 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. EXHIBIT C I,LlGIBILITY REPORT 4845-5232-47451, v. 1 -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 Amended Eligibility5tudyArea I Original Area New Parcels I.� J p. Siphon Rd All s h. - 1 E Chubb ck Rd — — 3 Eligibility Study for Siphon Interchange West Urban Renewal Area 2019 Supplement for Chubbuck Development Authority August, 2019 Executive Summary This 2019 Supplement to the Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October, 2018, prepared by Hoster 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 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 allportions of the Study Area within an urban renewal project area. 2 Background The 2018 Study encompassed approximately 650 acres generally located west of I-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, 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 Supplemental 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, 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. 3 Community Plans for Supplemental Area The community plans for the Supplemental Area reflect the same information as represented in the 2018 Study, and are specifically incorporated by reference herein. M Statutory Criteria for Deteriorating Areas and Open Land The eligibility criteria for the Supplemental Area reflect the same 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 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 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 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 I-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. 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 I-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). 2 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 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(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) 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 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. CONSENT FORM COMES NOW Christopher and Janie Freed, joint landowners in the State of Idaho, and state that Christopher and Janie Freed jointly own that certain property generally described as Parcel Identification Number: RPRCCPC041400 and RPRCCPC044300, 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 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, Christopher and Janie Freed as owners of said real property, hereby provides their consent and approval that the subject Property may be included within a proposed urban renewal area, and may be deemed appropriate for inclusion within an urban renewal project area as defined by the 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, as the property possesses certain characteristics of eligibility. DATED this day of 1 � l/'P� V51 , 2020. V..... — Name: Christo her Fre Title STATE OF IDAHO ) ) ss: County of �C Vl o ) On this 2-(o day of �-- , 2020, before me, a notary public in and for said state, personally appeared Christooller Freed, known or identified to me to be the owner of certain real property generally described as Parcel Identification Number: RPRCCPC041400 and RPRCCPC044300. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year in this certificate first above written. &Lt L qlLau(L) Notary PubliJ for Idao f Residing At cV u &vL — My Commission Ex res 5'G • 7.2- Nam. ani w Sign.atu STATE OF IDAHO ) ss: County oft�r�J On this2j,( day of , 2020, before me, a notary public in and for said state, personally appeared Janie F ed, known or identified to me to be the owner of certain real property generally described as Parcel Identification Number: RPRCCPC041400 and RPRCCPC044300. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �1���ttt�rrruiii���-(1 hj-d ��>>� i 30HNSq Q�-'r Notary Public Ida'o 'k. Residing At V ?0Sio $ My Commission xpires 59 2Z E P 1GAH0 wj �i�i,.�. Engineers . Surveyors s Planners 30158th St. W. #f38 • W111Istan, SO 58801 • t70f15720ff0 600 E. OOA- St. • Pocatello, 1083201 • /2081234.0110 www.rmes.biz LEGAL DESCRIPTION CHRISTOPHER FREED'S TIF PLAN A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 SOUTHWEST 1/4 OF SAID SECTION 35, THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 SOUTHWEST 1/4,495.00 FEET, MORE OR LESS; THENCE AT RIGHT ANGLES, SOUTH 1320.00 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE SOUTHEAST 1/4 SOUTHWEST 1/4; THENCE AT RIGHT ANGLES, WEST 495.00 FEET; THENCE AT RIGHT ANGLES, NORTH 1320.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE WEST 1/16 CORNER OF THE SOUTH LINE OF SAID SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 35, 208.70 FEET; THENCE NORTHERLY PARALLEL TO THE WEST 1/16 LINE OF SAID SECTION 35, 208.70 FEET; THENCE WESTERLY PARALLEL TO SAID SOUTH LINE, 208.70 FEET TO THE WEST 1/16 LINE; THENCE SOUTHERLY ALONG SAID WEST 1/16 LINE, 208.70 FEET TO THE POINT OF BEGINNING. PARCEL 2: SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; THE EASTERLY 100.00 FEET, MORE OR LESS, OF THE SOUTHWEST 1/4 SOUTHWEST 1/4. PARCEL 3: BEGINNING AT THE WEST 1/16 CORNER OF THE SOUTH LINE OF SAID SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 35, 208.70 FEET; THENCE NORTHERLY PARALLEL TO THE WEST 1/16 LINE OF SAID SECTION 35, 208.70 FEET; THENCE WESTERLY PARALLEL TO SAID SOUTH LINE, 208.70 FEET TO THE WEST 1/16 LINE; THENCE SOUTHERLY ALONG SAID WEST 1/16 LINE, 208.70 FEET TO THE POINT OF BEGINNING. Focused on Solutions Civil + Environmental + Transportation + Planning + Land Development 4 Municipal + Surveying EXCEPTING THEREFROM THE FOLLOWING 2 PARCELS OF LAND PARCEL 1: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 SOUTHWEST 1/4, LYING EASTERLY OF THE FORT HALL MAIN CANAL, OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN; THENCE EASTERLY ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 208.70 FEET; THENCE NORTH 00°04'20" WEST, A DISTANCE OF 211.00 FEET; THENCE SOUTH 89`56'35" WEST, A DISTANCE OF 308.70 FEET, THENCE SOUTH 00'04'20" EAST, A DISTANCE OF 211.00 FEET TO THE SOUTH LINE OF SECTION 35; THENCE EASTERLY ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 100.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 2: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 SOUTHWEST 1/4, LYING EASTERLY OF THE FORT HALL MAIN CANAL, OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN; THENCE WEST ALONG THE SOUTH LINE OF SECTION 35, A DISTANCE OF 100.00 FEET; THENCE NORTH 00004'20" WEST, A DISTANCE OF 211.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00004'20" WEST, A DISTANCE OF 119.00 FEET; THENCE NORTH 89°56135" EAST, A DISTANCE OF 355.00 FEET; THENCE SOUTH 00°04'20" EAST, A DISTANCE OF 330.00 FEET TO THE SOUTH LINE OF SECTION 35; THENCE SOUTH 8956'35" WEST, A DISTANCE OF 46.30 FEET; Focused on Solutions Civil i Environmental ♦ Transportation ♦ Planning ♦ Land Development 1 Municipal ♦ Surveying THENCE NORTH 0004'20" WEST, A DISTANCE OF 211.00 FEET; THENCE SOUTH 8956'35" WEST, A DISTANCE OF 308.70 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 0 2341 _ vim` 9�F O F IDA COR .- Focused on Solutions Civil 1 Environmental * transportation ♦ Planning 4 Land Development ♦ Municipal ♦ Surveying STANDARDS FOR APPROVING A ZONING MAP AMENDMENT CHUBBUCK MUNICIPAL CODE SECTION 18.28.OSO.8A — PHILBIN ROAD PROPOSAL POLICY 1 The proposed map amendment would be in the community's best interest. COMMENT Although a small site with only 9 units proposed, the twin homes and the detached home (shown on the draft preliminary plat) will provide some of the "missing middle housing" shortage in the region. POLICY 2 The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. COMMENT The proposed development serves as a transition between single family homes to the west and more intense development to the east. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. COMMENT Because of its size, shape, and easements on the property, the individual lots could not meet standards for the R-2 zone, so the R-4 zone is requested. The proposed product is 8 single family attached units (4 buildings), and 1 detached unit. POLICY 4 The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district. COMMENT The only access to the site is from Philbin Rd, which is an arterial roadway that is also served by a PRT bus route. Water and sewer mains are already in place on Philbin Rd, as are private utilities. City police and fir%mergency services, as well as other public agencies, provide services. With only 9 proposed units on site, it will have minimal impact on traffic, public schools, etc. POLICY 5 The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment request. COMMENT The proposal is in compliance with the Comprehensive Plan. It is in the correct Future Land Use designation area and meets other goals, objectives, and policies as outlined in the report. Chubbuck Rd tea- : JM-. Deckyr Dr Subject Iroperty - SC7 to Otfb A Zoning — Philbin Road Proposal 4 Chubbuck Zoning Districts Agriculture (A) Single Family Residential (R-1) ■ Limited Residential (R-2) Limited Residential - P (R -21P) ■ Dense Residential (R-4) Limited Commercial (C-1) ■ General Commercial (C-2) ■ Industrial (1) ■ Planned Unit Development (PUD) Creative Community Poe6infwary Plat Fal THE GROVE TWINHOMES LOCATED 1N SW t/4 SEC7HNJ A TOWNSMP 6 SOUTH. RANGE 34 EAST. OF THE t �5 SS — 55 — ss ss — ss — ss — 55 5"+ SS s'' ss 55 — 55 — ss -- SS SS a — `s — s-` --f IS — 55 EWE MERIDfAN IN THE COUNTY OF &1NNOCN. 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M.lor pd M K will M in to dl and n dmi0nated parL'na along Hort properly Ill Landecaptp al f4llbin Rd dill ..Mann W the Cly LOM.cope cads (1 tree Tor orrery 6o-toet M frmddae). Trdea ahem u —1 Final lafdd r01 be WH lnad by mcil pe om lM md/or devebper. Lighang 01 b. do rddmew any and will crdarm W My Ll Cad.. UNb Al nave fn,N1, al yerbaq. l Ra community dumpeMr/bb will M pmdd.d. Pr.paaed ®dying OFnmalane Ka.n' 4.0 1 The Grove Subdivision 2nd Addition Instr. #21711098 Exterior Elevation Front Exterior Elevation Back r Pmpq r�E . LOCATION MAP o m da LEGEND� x rrd. u— fdleeiea veve - - wawa uww Fa.emem. aem � lln w FiltlPl ww.. r... 55 E++ew'�i Sews LL— IRR E.r'>ta erVarna I✓twr — w Ingewtl ear. lw.. �>• — Aapmtl 9sr �.. — � — Rwaee Inpeuon uses --------- r,ea.r ra...b OWNERS SURVEYORS 0.R 3 LLC Dbpbr lu 0465 Kymbal 9t 4999 Cbver IMI Rd l bb ha 63202 Ctwbbuck WOM &1202 200-717-0970 209-211-7373 BASIS OF BEARING saw. d e®rrq pp^. bd,a std. Pldm CooMinaw syenm - Eprt ='n CPS I, t, r- 1.0 aaarl today. 1.0002678979. SURVEYORS CERTIFICATE I. Stdwad K. Ward. a Llaanwd Prafaaylpgl Lary li M In ie cnM cx amts d. My K' Nle =4 completed under my superweian. Exterior Elevation Front ELEVATION NOTES: FRONT ELEVATIONTO EE: SINES AN 0 REAR ELEVATION TO BE; VINYL STONE WILL HE AS PERPLANS ROOF PITCH: Exterior Elevation Back N O C o "d 7 U N 3N co P „x o a' �^ M F. N DATE: a/1�Izazi SCALE: SHEET: A-2 Exterior Elevation Left cv N O N W C o "d 7 U N B co ElP 'J „x o a' �^ M F. N DATE: a/1�Izazi SCALE: SHEET: A-3 STANDARDS FOR REVIEWING AN AMENDMENT TO THE COMPREHENSIVE PLAN CHUBBUCK MUNICIPAL CODE SECTION 18.28.040.13— YELLOWSTONE AVE PROPOSAL A plan amendment may be approved after considering the criteria below. Affirmative findings on each of the REVIEW criteria are not required to approve an amendment. CRITERIA 1 The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community's best interest. A Commercial designation would only allow zoning changes to General Commercial (C-2) or Limited Commercial COMMENT (C-1). All of the properties developed along Quinn Road are residential of mixed density. The Mixed Use category appears to be the most appropriate for the properties that have split designations. The proposed change is needed to recognize substantial changes in the actual conditions of the area or city that have CRITERIA 2 occurred since the comprehensive plan was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the plan. COMMENT All of the properties developed along Quinn Road are residential of mixed density. The Mixed Use category appears to be the most appropriate for the properties that have split designations. CRITERIA 3 The proposed change will comply with the community's goals, objectives, and policies within the comprehensive plan, including its maps. All of the properties developed along Quinn Road are residential of mixed density. The Mixed Use category COMMENT appears to be the most appropriate for the properties that have split designations. There is currently a line between Mixed Use and Commercial that splits many of the properties between the categories. Future amendments would be recommended for approval along Quinn Road. CRITERIA 4 The proposed change will not place undue burden on transportation or other public facilities in the planning area and does not adversely impact the delivery of services by any political subdivision. COMMENT The proposed change will generate less traffic than most general or limited commercial land uses. It will not adversely impact the delivery of services. STANDARDS FOR APPROVING A ZONING MAP AMENDMENT CHUBBUCK MUNICIPAL CODE SECTION 18.28.050.8A — QUINN ROAD PROPOSAL POLICY 1 The proposed map amendment would be in the community's best interest. COMMENT The proposed change will address some of the current housing shortage in the region. The site is on an arterial road rather than a local street, and some of the neighboring and nearby parcels have similar densities or intensity as the proposed land use. POLICY 2 The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. COMMENT The requested R-4 zone allows a broad range of housing types. Some of the neighboring and nearby parcels have similar densities or intensity as the proposed land use, while other properties have single family homes. Through a good site design approved by the Design Review Committee, potential conflicts between this property and the single family homes can be minimized. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. COMMENT As an infill parcel the owner could find several potential uses to propose. Each would make better use of existing City infrastructure, as opposed to extending services. The site is on an arterial road, and some of the neighboring and nearby parcels have similar densities or intensity as the proposed land use. POLICY 4 The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district. COMMENT The only access to the site is from Quinn Rd, and arterial roadway, and the site is on the PRT bus route serving the City. Water and sewer mains are already in place on Quinn Rd, as are private utilities. City police and fir%mergency services, as well as other public agencies, provide services. The nearby intersection of Quinn and Hawthorne is planned to be improved/widened in the near future. POLICY 5 The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment request. COMMENT The proposal is in compliance with the Comprehensive Plan, per the proposed amendment. It is in the correct Future Land Use designation area as proposed and meets other goals, objectives, and policies as outlined in the report. STANDARDS FOR REVIEWING AN AMENDMENT TO THE COMPREHENSIVE PLAN CHUBBUCK MUNICIPAL CODE SECTION 18.28.040.13— YELLOWSTONE AVE PROPOSAL A plan amendment may be approved after considering the criteria below. Affirmative findings on each of the criteria REVIEW are not required to approve an amendment. CRITERIA 1 The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community's best interest. Changing part of area to a residential use will help alleviate some of the high demand for housing the region and the COMMENT City. The area designated for Employment would have allowed C-2 and I zoning, with structures up to 70 feet high, adjacent to a residential area, and across the railroad from another residential area. The proposed change is needed to recognize substantial changes in the actual conditions of the area or city that have occurred CRITERIA 2 since the comprehensive plan was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the plan. The area designated for Employment would have allowed C-2 and I zoning, with structures up to 70 feet high. Since the COMMENT time the plan was developed, adjacent parcels to the south, and east across the railroad, have developed with residential uses. CRITERIA 3 The proposed change will comply with the community's goals, objectives, and policies within the comprehensive plan, including its maps. COMMENT Changing part of area to a residential use will help alleviate some of the high demand for housing the region and the City. See specific goals, objectives and policies in Exhibit 3c. CRITERIA 4 The proposed change will not place undue burden on transportation or other public facilities in the planning area and does not adversely impact the delivery of services by any political subdivision. Early developments of the parcel will have one access point on Yellowstone Ave, another on Park Lawn Ave, and COMMENT potentially an access to New Day Pkwy with cooperation from the neighboring property owner. Yellowstone Ave is a state highway and is in ITD plans for widening. STANDARDS FOR APPROVING INITIAL ZONING CHUBBUCK MUNICIPAL CODE SECTION 18.28.050.8A — YELLOWSTONE AvE PROPOSAL POLICY 1 The proposed map amendment would be in the community's best interest. COMMENT The residential area request will help address the shortage of available housing in the region. Between the 2 potential zones for the High Density Residential area (R-3 and R-4) all housing types can be permitted. POLICY 2 The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. Zoning districts and intensity of development are comparable to adjacent properties, except to the east, which is separated from COMMENT this site by the railroad right-of-way. During the Design Review process for the commercial and high density residential areas the site design, including such items as fencing, lighting, and landscaping will be addressed, and will be directed to minimize negative impacts to neighboring and nearby parcels, with particular attention to lower density development to the east. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. COMMENT The site is generally flat and suitable for nearly all types of development, including the land uses permitted or conditionally permitted in the R-3 and R-4 zoning districts. POLICY 4 The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district. The site has current access to Yellowstone Ave, a state highway, and Park Lawn Ave. Park Lawn Ave to the south is a collector COMMENT street and built to accommodate more traffic than a local street. Existing water and sewer mains are available to serve the property in Yellowstone Ave. City police and fir%mergency services will provide services to the area after it is annexed. Other public agencies currently serve the site, impacts and a timeline of effects to the school and library districts are unknown. The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. POLICY 5 LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment request. COMMENT The proposal is in compliance with the proposed Comprehensive Plan amendment. If the amendment is approved it will be the correct Future Land Use designation area and meets other goals, objectives, and policies as outlined in the report. �i Initial Zoning — Yellowstone Ave Proposal a a � .. �.... y NeW-Day Subject Property Bannock County Multiple Use Zone Proposed C-2 -------------- KO, ------------- O A.* Q► _ 01 Proposed ti R-4 Chubbuck Zoning Districts Agriculture (A) Single Family Residential (R-1) ■ Limited Residential (R-2) Limited Residential - P (R -2P) ■ Dense Residential (R-4) Limited Commercial (C-1) ■ General Commercial (C-2) ■ Industrial (1) ■ Planned Unit Development (PUD) Creative Community NOTES 1. Addreae 193 E M Chuhbuck RO 4. CBubhuck, IdaM 8]22 z. Curran) Zeninp - 6entnel Commercial (C2) ]. Total ArM - 1.84 M- !. PrepeaM Lela - t 11 e i eter pend xl 1Mte el lite perre 1. 6. NI eller utllltleaoreprweed by e"te sten N eafati,ry Tecilflbu m ], A t. 11 ,d lrrlgelian system is set !e be Istellva. B, lata 11 and 11 Wye aeaiWy tar addHlonol rilht-at-woy. B. tat 9 is cared in ita wntirey vita a alorcn vobr emamaM. 10. Int" 1-10 a everts in )Mir enllreLy vttM1 a puhllc u[iltty eiM cma"-eceeaa eesemanla In 011 a eulaitle afructurn. SURVEYORS CERTIFICATE I, 3tevprt K, Waia, o Licenaea ProhaYanal IAM Surveyor 1n Me alele e! I— ae Mreby cert'�M1y tbot MIs pial iv cumta nprcveMalim of this au mpletadcwdar my Owne./RMoper Vbx Curt ILC 244 Daren Ccackett 2M L GIs bbuck Rd ML, 10 83202 206i]6-8600 S-, Oiaptia LLC V80 c1d. 00 CMMuck, ID, B3202 208-232-]3]3 Pref'minery Mpt For ARBOR COURT LOCATED /N NW ',A4 NE 14 SEC IDN 10 doef r 0 p W LEGEND — n.oI El � P,npneee aro P,ee.,d ca..we. gopaeH wrwaa smn Pma.s.e 1nx, u.. —• —• c ttule raelaa hwemeween„ ua. e e o C Bpbm S.Mn 3..ar mwea. CLalm ® peln eM"Iv 91wm 0.aln n Arbor Court Apartments Burley Drive/Chubbuck Rd -ter: - _ .. * _ { •` E Siphon Yellowstone Garbage Siphon Yellowstone Back Up Siphon -Yellowstone 48' from back tires on grass to the parking stall Vincent Garbage lane 20' Vincent 19' Garbage Lane Vincent Back out 20' wide Vincent Drive out- Parking on both sides of the drive way. Makes road 12' wide and over 600' long Vincent Exit Vincent 2-Tastee Treat Tastee Treat Amerititle Animal Hospital Auto Source Day Care -Park Lawn Day Care -0 A& Gate City Church f HomeSeekers Chubbuck Rd i `. u,?"a±a Sound Source �rrwaN[na, s[awr[PaxEacnrnF wa,xrwF �' ` rlNsi. No. x1<Oli 36 III I � sII I — — Ia0Po1FN [LMF[uMIN[ f rxo-- ca rtaXur4s q` I71- -70 3 I 1311 w w w! I ld� . 1 I I [R 4To6 [ X9EP0 WJGINNMOX� MIPWAS P6 rSaPYfP { Fr Nw1YA44P5 waFLINF (�IxLaR[,rpL rorRq afrfa[wrF OF 33 I` I I I PRELIMINARY PLAT FOR: COPPERFIELD LANDING — DIVISION 6 LOCATED W THE NE 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO ��nue mneua SM41'M•E 3%9Tio �em:w Ixs-nnaew ws. o.irxax _ — llACl[ 1 a,P 1� win WE iol S 0141'41' E 151_1 r xN'as RPu CINIVETABLE IN— NP.XER LL,Pq LF 01PrrH 6R�CXAX R�ErC PAp�S MLFrL4rM [alOp rPN4,N I — — Ia0Po1FN [LMF[uMIN[ f rxo-- ca rtaXur4s q` I71- -70 S 0141'41' E 151_1 r xN'as RPu CINIVETABLE IN— NP.XER LL,Pq LF 01PrrH 6R�CXAX R�ErC PAp�S MLFrL4rM [alOp rPN4,N I — — Ia0Po1FN [LMF[uMIN[ f rxo-- ca rtaXur4s — -- w w w! f IAr�E 1�XrvNXF I �"� �'[—!���L�c— uuoEacacwRlw[axFAorcwfaunr laic S M38'S3'F 315.10'_ � C �/ •� _ �J—/—T— rtIF➢IIIX, LIRE FsvRrsP ' � �rv�:nry /�n,v�'.er" rv�una �4aPCu®rRnox / [ua6 I ~ veLM .; MINrvf/SFABR • / o •/ " • / e • : r IGAXOX:EwR, .°war I � i.- 6fF warf el P _ ®/O!• � [N PAsr • •/�!• �� ..- _ [IL -- [ECRL ,� ;: e ss e Rear tl ��ps�H01I�rI�SrOWCCar e n o / e n / o RRrxONf LW, ryEa O[IIC WI I / N / /SFE NOaFI—`i N 3M33'0• E MOT 13161 wroras• w eEl�o• rsXnvr:un � � i X�rFi s ec T 9Pusr.,s.Nn�lRPuu-wN / P15FR UPR N£i[. i0 BF NNNPFP iRl wR'iE NNIZssmlrtRwrYlMlm r varv[x war[at�[Rn[F£rwUlNrnrxPrs. 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