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HomeMy WebLinkAboutPH #3 Chubbuck VillageCHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: City of Chubbuck Land Use and Development Commission From: Don Matson, Planning Services Manager Date: April 12, 2022 Re: A petition by the City of Chubbuck to create a new Chapter 18.19 Chubbuck Village and two new land use districts, Highway Corridor (HC) and Village (V); to change the Land Use District (zone) from General Commercial (C-2) to a new district, Highway Corridor (HC), on approximately 17 acres of land comprising several parcels with Chubbuck Road at the north, Yellowstone Avenue at the west, Interstate 86 at the south, and east from Yellowstone Avenue approximately 250 feet to the eastern boundary line of each parcel bordering the east side of Yellowstone Avenue, including parcels on the north side of E Burnside Avenue; and to change the Land Use District (zone) from General Commercial (C-2) and Limited Residential (R-2) to a new district, Village (V), on approximately 53 acres of land comprising multiple parcels with Chubbuck Road at the north, Yellowstone Avenue at the west, Interstate 86 at the south, Central Way at the east, Evans Lane and the southern boundary of the property located at 5432 Burley Drive at the south, and the Union Pacific Railroad at the east, excluding parcels as described above to be included in the Highway Corridor (HC) zone; setting forth the purpose and intent, special provisions and relations to other chapters of city code, and a regulating plan for the two districts; establishing special standards within the two districts for streets and right-of-way, building design and sidewalk frontage, land and building uses, landscaping, parking, and signage; amending Chapter 18.06 Definitions, adding definitions of form -based zoning and traditional Euclidian zoning; amending Chapter 18.08 Land Use Districts and General Controls with clarifications of relationship to different General Controls in Chapter 18.18 Chubbuck Village, Chapter 18.20 Planned Unit Developments, and Chapter 18.21 Creative Communities. The Comprehensive Plan Future Land Use Map currently designates the area for Commercial or Employment uses, and is under consideration to change to a new area, Chubbuck Village, per draft chapter 16 of the Comprehensive Plan. The application will be reviewed against criteria in section 18.28.050.B.8 of city code. Type of action: Recommendation. (Action Item) BACKGROUND Form -Based Codes. The Land Use and Development Commission (LUDC) has held several discussions and one public hearing regarding a new plan and zoning ordinance for the Chubbuck Village area. To create a pedestrian focused area, especially where no downtown already exists, a form -based code (FBC) is a successful tool being used around the country, including here in Idaho and each of our neighboring states. A FBC is quite different than traditional zoning practice which focuses on where individual land uses are located, and what is limited, separated, or isolated from others. Instead, it focuses on the environment it creates, particularly for pedestrians. There is less emphasis on separation of land uses, replaced by standards for the right- of-way, public and private buildings, and placement of building and parking areas. It offers a more predictable outcome for a developer or builder than a conditional use permit or zone change process. Proposed Structure and Standards: The draft code includes the following, which include standards different from the rest of the city: • Application and approval procedures • Public street types detailing wider sidewalks, on -street parking, street trees, bike facilities • Building design and facade such as a minimum amount of window coverage along a sidewalk • Land and building uses with a broader mix and fewer required conditional use permits, and allowing expansions of legal non -conforming uses Landscaping standards modified to fit smaller setbacks where they exist Parking requirements reduced or modified, especially where on -street parking is available Signage standards different from other areas PREVIOUS DISCUSSION Revisions to Draft Title 18.19. At the March 8, 2022 meeting a public hearing was held before the Commission regarding the draft Title 18.19 Chubbuck Village Criteria; comments were received from the public and the Commission gave direction to staff on three specific items. Based on input received, additional modifications and clarifications are included and several lines are recommended for deletion. Attached to this memo are a revised draft and a copy of the previous draft with underline strikeout formatting to illustrate all changes, which include the following (page numbers reflect the underline str+keout version in Exhibit 1 a). 1. Deleting several requirements from the draft code regarding: a. Maximum lot width. b. Window configurations/shapes on upper floors. c. Door/entry spacing. d. Vacant lot screening (language in several sections). e. Living vs non -living materials in planting beds. 2. 18.19.050 Streets and Rights -of -Way, modifying pedestrian corridor requirements, page 4. 3. 18.19.060 Design and Frontage. a. Modifying front setback/Build-to Lines in the Village zone and including courtyards, page 5. b. Reducing minimum building height in the Village zone from 2 -stories to 20', page 5. i. This better reflects the intent of the form -based code to define the street for the pedestrian, with a minimum building height ratio based on the right-of-way width. ii. For wider streets in the Village zone with angled parking, as well as Yellowstone Ave, setting the minimum height to 25' with a ratio also based on width. c. Reducing allowed encroachment of awning, canopies, etc. into right-of-way, page 6. d. Adding sections to resolve issues within the chapter, page 7. 194�4c\_ CHUBBUCK 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us L UDC 4112/22 - Proposed Chapter 18.19 Chubbuck Village Criteria — Page 2 i. Courtyards and patios, to maintain the BTL, maintain access points to building interior, and include some pervious surface. Deleted complex language about landscaping with courtyards and patios in Chapter 18.19.080 Landscaping Standards on page 13. ii. Coinciding with #2 above, modifying requirements along a pedestrian corridor. iii. Clarification on horizontal expression lines. e. Relocating standards regarding existing buildings to Section E, pages 7-8 (from 18.19.070 Land and Building Uses Section B. Nonconforming Uses). These issues were identified by the LUDC as specific changes for staff. See table on following page. f. Adding illustrations regarding the Build -to Line requirements, side setbacks and frontage widths, and courtyards and patios in relation to the Build -to Line, pages 8 and 9. 4. 18.19.070 Land and Building Uses. Deleting and changing footnotes to Table 1, page 11: a. Deleted language that may limit locations of some retail uses, exterminating companies, and animal care sites. b. Clarifying that new automobile, RV, and other vehicle service businesses are not allowed in the Village zone. c. Eliminating size restrictions on apartments. d. Deleting minimum size standard for townhouses and added facade differentiation requirement. 5. 18.19.080 Landscaping Standards. a. Clarifying what improvements in parking areas trigger landscaping improvements, page 12. b. Relaxing and eliminating some standards regarding tree placement, page 13. 6. 18.19.090 Parking Standards. a. Including language to address on -street parking as part of total requirements, page 16. b. Clarifying that the City Council may consider deviations in parking requirements, page 16. c. Relaxing requirement for bicycle parking for residential uses, page 16. d. Clarifying parking standards for fixed vs. non -fixed seating in assembly land uses, page 17. 7. 18.19.100 Signage Standards. a. Reducing allowed extensions into ROW for signs, page 19. b. Removing low height limit for building -mounted signs in the Village zone, page 19. c. Adding illustrations of sign types, page 21. Existing Businesses: A key topic of discussion at the March 8, 2022 LUDC meeting and public hearing was the draft code's potential impacts on existing businesses. As discussed at the meeting, there is no impact on existing businesses until the building itself is rehabilitated or expanded. Expansion and rehabilitations to buildings was also questioned, and the Commission directed staff to make a few alterations. Due to additional concern for properties abutting the railroad right-of-way an additional condition is included in the revised draft. Buildings and businesses that were built or located legally at their current location in the past, but since that time zoning laws have changed, are referred to as "non -conforming" or "legal non -conforming" land uses. The current Chubbuck Municipal code does not allow non -conforming uses to be extended or enlarged (see Section 18.24.020: INCOMPATIBILITY OF NONCONFORMING USES). 194�4c\_ CHUBBUCK 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us L UDC 4112/22 - Proposed Chapter 18.19 Chubbuck Village Criteria — Page 3 The language in the proposed code allows existing businesses and residences to remain and it is more lenient than the current zoning code for non -conforming uses, allowing expansions that conform to the design standards of the new code. Because the draft code is form -based, the distinction is clearer in treating land uses and building (and expansion) design standards separately. Below is a copy of the original draft with an explanation of proposed changes: TEXT PER EXISTING USES AND BUILDINGS COMMENT 18.19.070 LAND AND BUILDING USES In the previous draft only subsection 1 B. Nonconforming Uses addressed the land or building use. Structures Land and building uses currently existing at the time of This change blends subsection 1 with the this code adoption are considered legal non -conforming uses and section introduction, simply stating that shall be allowed to remain in their current form and function, however: any new land or building use must comply 4-) at the time of a change to a different land use group as outlined with the new Title. in the table above, the new land use must be permitted in conformance with this chapter. Move subsections below to These sections relate to the design and 18.19.060 DESIGN AND FRONTAGE frontage, not the land/building use. E. Structures currently existing at the time of this code adoption shall New subsection with introduction similar to 18.19.070.13, above. be allowed to remain in their current form and function, however. -21)1) Rehabilitations such as re -roofing, replacing windows, etc., Rewording for clarity as directed by the which do not affect the external dimensions of the structure or make Commission. changes to the exterior of the building except for ro_roef,ng and replacing window do not require compliance with the archkeetuFz,: r�= . its design and frontage standards of this chapter. 8)_LRehabilitationsIp ans which do not affect the external Rewording for clarity in procedure. dimensions of the structure but that make changes *^ replace -the siding, cladding, or other non-structural facades visible from the existing public realm, or from a planned public realm such as a future street or pedestrian corridor, must be presented by the building owner for aro eq , e *^ eceivo approval by the design review committee upen demonstrating that the project will meet as many of the design and frontage standard of this chapter as are feasible. 4) 3) Horizontal 'wand/or vertical additions to existing buildings Rewording for clarity as directed by the require that the addition be constructed to meet the requirement Commission, and defining procedure as in design standards of this chapter. new subsection 2, above. If the value of the new addition will exceed the value of the existing building, as determined by a professional appraiser, county assessor, or other parry as accepted by the applicant and design review committee, the entire building and site shall be brought into compliance with the requirements design standards of this Chapter. The building owner must present plans for approval by the design review committee demonstrating that the facades of the existing CHUBBUCK 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us L UDC 4112/22 - Proposed Chapter 18.19 Chubbuck Village Criteria — Page 4 building will meet as many of the design and frontage standards of this chapter as are feasible. 4) Additions to existing structures or expansion of businesses on New subsection to address concerns about non -conforming uses east of Burley Dr and abutting the railroad. This waives new standards on expansions that aren't clearly visible from the sidewalk, and an alternative solution for expansions that would be visible from the sidewalk. parcels abutting the railroad right-of-way are exempt from the design and frontage standards of this chapter if they are not clearly visible from the adjacent sidewalk on Burley Dr. Alternatively, if such an addition or expansion would otherwise be visible from the adjacent sidewalk, improvements to the property frontage that enhance the pedestrian atmosphere and/or meet design and frontage standards of this chapter may be approved by the design review committee. FACTS PETITIONER: City of Chubbuck Attn: Community Services Department 290 E Linden Avenue Chubbuck, ID 83202 (208) 237-2430 APPLICABLE LAWS AND PLANS: Chubbuck Comprehensive Plan (as amended) 2. Chubbuck City Code • Notices of the hearing provided in accordance with City Code Chapter 18.28.010.B. • Standards for approving a title text or map amendment per City Code Chapter 18.28.050.B.8. 3. Because the proposal covers a large area this is a legislative action, not quasi-judicial. STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT The review and action by the Land Use & Development Commission is a recommendation to the City Council based on three criteria for proposed text amendments in City Code: A. The proposed text amendment would be in the community's best interest. From 2017-2018, the City of Chubbuck sought broad public input while developing a strategic plan. Input from residents, business owners, and visitors was sought on a variety of topics including general thoughts and perceptions about: Chubbuck as a place to live, work, and play; quality of life; cultural, shopping, employment, civic, and recreational opportunities; safety; transportation; whether Chubbuck had a vibrant downtown and public spaces where people wanted to spend time; and quality of city services and infrastructure. Based on input from the surveys, the City Council approved a strategic plan with the following action items: • Create a downtown plan for all ages and abilities. 19474'C_\_ CHUBBUCK 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us L UDC 4/12/22 - Proposed Chapter 18.19 Chubbuck Village Criteria — Page 5 Develop a downtown plan to create an area in the city where youth will feel valued and have opportunities; ensure that youth have a seat at the planning stage table. Develop a downtown plan with art and cultural opportunities throughout and with programmable and programmed space. The city also conducted a facility needs assessment for a new City Hall, and the conclusion was to locate in the area to become known as Chubbuck Village. Community engagement for the atmosphere of the area, via a steering committee and additional online surveys that reached several hundred people, also endorsed the creation of a plan and codes for Chubbuck Village. B. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. The purpose and scope of the zoning ordinance include: • "Organizing uses to encourage growth consistent with a comprehensive plan." •s While the proposed ordinance is in general compliance with and supports the current Comprehensive Plan, it is written specifically to implement the proposed amendment to the plan, Chapter 16: Chubbuck Village Specific Plan. "Enhancing the aesthetic qualities of the community in the context of sound planning considerations." ❖ The draft ordinance includes unique aesthetic requirements with feasible design standards for properties developing in the new districts. Governing "the use of land, for economic activities and for other purposes." e• The proposed land use districts allow a broad range of commercial enterprises with fewer restrictions such as requiring conditional use permits on many uses. The outcomes are more predictable for a potential developer with building and other standards that are not open to public debate. C. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. Staff has identified the following goals, objectives, and policies as potentially applying to this proposal; 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) 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 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 194�4c\- CIIIBBUCR 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us L UDC 4112/22 - Proposed Chapter 18.19 Chubbuck Village Criteria — Page 6 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 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 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 c. Wholesaling and warehousing should not be located on main design corridors such as Yellowstone Avenue or Chubbuck Road, but on secondary design routes with truck access such as Burley Drive GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses 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 POLICY f. Encourage residential infill in suitable locations POLICY g. Ensure an adequate supply of commercial land sensitive to market trends 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 POLICY b. Locate mixed-use areas along Yellowstone Avenue and in new neighborhood centers 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 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 CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.1 Maintain existing and future parks 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 CHUBBUCK 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us L UDC 4112/22 - Proposed Chapter 18.19 Chubbuck Village Criteria — Page 7 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 OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas 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 STAFF RECOMMENDATION Based on the evidence and analysis above, staff find that the draft code satisfies the criteria necessary to recommend approval of the title text amendment to the City Council, with the criteria being: A. The proposed text amendment would be in the community's best interest. B. The proposed text amendment is consistent with the existing provisions of the zoning ordinance. C. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. Disclaimer: The information presented in this document is based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. Report Prepared by. Don Matson, Planning Manager Email: dmatson@cityofchubbuck.us Phone: 208-239-3252 EXHIBITS Proposed Chapter 18.19: Chubbuck Village Criteria a) Draft with Proposed Updates Shown in Underline/Strikeout b) Draft Incorporating Proposed Updates 2. Map and Legal Description of Highway Corridor and Village Zone Boundaries 3. Proposed Additions to Chapter 18.06: Definitions 4. Proposed Additions to Chapter 18.08: Land Use Districts and General Controls 5. Public Comments Received 194�4c\- CIIIBBUCR 1 0 0 H 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us L UDC 4112/22 - Proposed Chapter 18.19 Chubbuck Village Criteria — Page 8 EXHIBIT LA PROPOSED CHAPTER 18.19: CHUBBUCK VILLAGE CRITERIA DRAFT WITH PROPOSED UPDATES SHOWN IN UNDERLINE/STRIKEOUT PROPOSED Chapter 18.19 Chubbuck Village Criteria 18.19.010: PURPOSE AND INTENT A. Purpose. The Highway Corridor (HC) and Village (V) zones are established to implement the Comprehensive Plan for the urban gathering place in the City of Chubbuck. This chapter focuses on the pedestrian environment within a mix of compatible land uses, rather than traditional zoning which often neglects pedestrian safety and disconnects people and businesses from one another. 2. Together the zones are a form -based code (FBC) regulating first how building placement and basic design features relate to the street and improve the pedestrian environment, with less emphasis on land use restriction and separation. 3. FBC standards produce more predictable results in the building and redevelopment of properties and the desired physical form described in the Comprehensive Plan for Chubbuck. B. Intent. The intent of the zones is to further the policies of the Comprehensive Plan to a greater extent than would a traditional Euclidean zone to: 1. Promote the public health, safety, and welfare; 2. Create functionally integrated developments that allow for a more efficient and cost-effective provision of public services; 3. Promote decreased suburban sprawl, under -developed sites, and agricultural land development on the ex -urban fringe; 4. Promote increased community interactions via development standards which emphasize pedestrian and bicycle modalities; 5. Encourage a variety of housing types and affordability that accommodate residents' needs through different stages of life; 6. Establish reasonable design standards for development and redevelopment within the zone in order to ensure that the built environment is sustainably desirable and stable, that property values are stable and maintained, and to enhance the image of the City of Chubbuck; and 7. Establish standards that allow for additional creativity in promoting and providing sites and structures that accommodate multiple land uses. 18.19.020: ENUMERATION OF DISTRICTS A. Highway Corridor (HC) Zone. The purpose of this district is to provide an enhanced location for a broad variety of businesses with highway frontage serving local and regional markets. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Standards include city street requirements for the Chubbuck Village area creating commonalities shared between the Highway Corridor and Village zones. B. Village (V) Zone. The purpose of this district is to provide a mixed-use environment that serves as an urban meeting space focused on pedestrian activity. The district includes standards based on design and Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 1 functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Commercial, civic, and medium to high density residential uses are allowed throughout the district. Standards include street requirements for the Chubbuck Village area creating commonalities shared between the Village and Highway Corridor zones. 18.19.030: SPECIAL PROVISIONS A. Relationship to Other Land Use Controls: Wherever there is a difference between provisions of this chapter and those of other chapters, the provisions of this chapter shall control. Unless otherwise authorized, subjects not governed by this chapter shall be governed by the respective provisions found elsewhere in this Code. B. Pedestrian Realm: In order to achieve an overall walkable environment, appropriate land uses, pedestrian connections, cross easements, common driveways, consistent site standards, etc., must be coordinated within the Highway Corridor (HC) and Village (V) zones, even though properties may be individually owned. C. Stormwater Retention: Stormwater in the Highway Corridor (HC) and Village (V) zones shall be retained and treated below ground via infiltrators in accordance with the Portneuf Valley Stormwater Design Manual. D. Zoning District designations within the Chubbuck Village area shall be in accordance with the Comprehensive Plan's Future Land Use Map and the District -Zone District Conversion table found in Chapter 16, Goal 3, Policies A and B of the Comprehensive Plan. 18.19.040: REGULATING PLAN Building permit applications,lap tting and Conditional Use Permits (if applicable) must be preceded by the appropriate technical and design approvals. A. Technical Review: The City Design Review Committee or an established Chubbuck Village Review Committee will review technical details as outlined in Chapter 18.16 of this Title. The Committee will review and relay technical details of the project as they relate to this or other titles of City code. In cases where a CUP is required, design review approval must precede the CUP application, and does not constitute approval of the land use or project. The LUDC may attach more stringent requirements upon a CUP than the Design Review Committee. B. Standards Review: Staff will provide and maintain application forms and checklists to assist the property developer in complying with the architectural, landscaping, signage, parking, site development, and other components specific to this chapter, and as they relate to each subdistrict within the Highway Corridor (HC) and Village (V) zones. C. Regulating Plan Progression: 1. Developer may meet with Staff at any time for feedback on a potential project. 2. Technical Review through the Design Review Committee. a. If required by the Highway Corridor (HC) or Village (V) zones Land and Building Uses regulations in Section 18.19.060, or by the Design Review Committee, a CUP must be approved by the LU DC for the project to proceed. 3. Staff review of project per Zone standards, including checklists for compliance. 4. When approved, project proceeds to Building Permit and other permit applications. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 2 18.19.050: Streets and Rights -of -Way A transportation network is planned to enhance pedestrian and bicycle mobility within and to the Chubbuck Village area. The arrangements, character, extent, width, grade, and location of streets shall conform to the Comprehensive Plan, shall integrate harmoniously with existing and planned streets, shall enhance the public convenience and safety and shall facilitate the proposed uses of the land to be served by such streets A. Street and Pedestrian Corridor development shall be in accordance with the functional class road map in Chapter 16 of the Comprehensive Plan. Properties which are adjacent to streets and/or walkways, or which have proposed streets and/or pedestrian corridor locations containing the streets and/or walkways shall develop/redevelop as follows: 1. Right-of-way and improvements required for Evans Ln, E. Linden Ave, and S. Burley Drive, and other street where angled parking is used (below) require 85' feet of ROW, which includes a 10' sidewalk on either side of the street. W/ 45 ANGLED PARKING 2. Right -of -Way and Improvement Requirements for all other streets where parallel parking is used (below) require 70' feet of ROW, which also includes a 10' sidewalk on either side of the street. W/ PARALLEL PARKING 3. The typical location and dimension of striping, trees and curb extensions (below) for the streets with angled parking. 4. Pedestrian corridors (or walkways/paseos) shall be designed in relationship with their surrounding building environment at the pedestrian scale. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 3 a. Standard with for pedestrian/multi-use corridor is 8�a 10' wide hard surface i.vivh Mini.. -W e*r M-9MEMS rej b. Building facades along an existing or planned a pedestrian corridor or paseoep r the adopted Comprehensive Plan shall meet the design and frontage standards of this chapter. wider,wall way that is 5. Alleys in the Highway Corridor and Village zones are encouraged to provide access to off-street parking, sanitation, commercial unloading, etc. a. Public alleys shall be a minimum twenty-four feet (24') wide and accommodate snow removal. Dead end alleys shall be avoided. b. In addition to right-of-way, alleys shall be designed as usable and programmable public space. B. Defined streetscapes shall be dedieated and constructed and dedicated for public use and enjoyment and the enhancement of the public space through the development exaction and/or building permit process. The City shall identify street furniture such as streetlights, trash receptacles, benches, bicycle racks, etc. for use ,^^' ^^haArPw^^+ ^f installation in the public spaee right-of-way within the Highway Corridor and Village zones. C. Easements for pedestrian corridors or paseos per the adopted Comprehensive Plan shall be dedicated to the city and/or to the public for access, concurrent with issuance of building permits or approval of plats. Easements shall be of adequate width to accommodate the facility including necessary features such as retaining walls, ditch banks, safety features, ADA requirements, etc. D. Bicycle racks shall be provided to encourage biking to the area and to prevent the use of trees, benches, trash bins, etc. from being used for securing bicycles. Bicycle racks, particularly those in the ROW, shall be located to comply with the Americans with Disabilities Act. They nd-rar-.kr should be in either the furnishings zone or on curb extensions where possible. E. Sight triangles shall be maintained at intersections and driveways for public safety, and will be addressed in the technical review per 18.19.040.A. F. Street names in the Chubbuck Village area shall be reflective of natural features with proximity to Chubbuck, or to geographic features recognized commonly in the state of Idaho. G. All other requirements for street design and construction shall apply. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 4 18.19.060: Design and Frontage A. These standards focus on form and function of the public realm to a greater extent than traditional zoning which aims primarily to separate land uses. It is not the intent of this ordinance to restrict creative building and site designs. The architectural standards reflect the need to create buildings that enhance the public realm, that are compatible with surrounding (current and planned) structures and spaces, and that create an appealing visual interest without being overly prescriptive. Of particular interest is ground -level architecture and design that pedestrians and others visiting the Chubbuck Village area find the streets and pedestrian corridors interesting and engaging, factors which encourage walking, particularly in the Village Zone. This can be accomplished through elements such as store front windows with retail displays, outdoor dining areas, courtyards, art displays, horizontal expression lines, and placing restrictions on unbroken fagade appearances, FegUiFiRg „^,-t"..,' fagade fes, etc. The table lists standards for the two Chubbuck Village zones. DESIGN AND FRONTAGE HIGHWAY CORRIDOR VILLAGE Build -to Line/BTL (FFaRt SetbaGlq Primary street (front facing) facade (see Image 6-1) 10' min 40' max 01, building or courtyard/patio at sidewalk ^,,, ', max Side4ear street-13TL} facade 10' min 20' max 0', building or courtyard/patio at sidewalk m en 10y max Side Property Line Setback (Non -Street) Side setback (see Image 6-2) 0' min, max 33% of lot width 0' min, max 25% of lot width Rear setback 5'0' min, 0' alley 0' min from non-residential or mixed use; 10' min from residential 10' me=. Frontage and Building Facade Width and Height Minimum lot width 25' min 25' min nn-,)d....w n Lot Width 250' . 150' max Primary street front fagade building width of parcel (see Image 6-2) 67% min 75% min Side or rear street fagadel building width ofparcel 50% min 60% min Building He4M M aXi FAH FA Minimum and Maximum Building Heights 1 stery 25' minimum; 4 stories maximum 2 steraes 25' minimum on Evans Ln, E Linden Ave, Burley Dr, Chubbuck Rd; 20' minimum other streets; 4 stories maximum Parking Structures Max 2 levels above ground, higher if it doesn't exceed ceiling of highest floor in adjacent building Not to exceed ceiling of highest floor in adjacent building Ground Floor Ceiling Height 12' min 12' min Upper Floor Ceiling Height 9' min 9' min Windows and Transparency Window Orientation — Standard Openings Vertical or horizontal; horizontal windows must be no longer than 10' wide Vertical 3 — taller than width Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 5 DESIGN AND FRONTAGE HIGHWAY CORRIDOR Window configurations —ground Floor Rectangular; ar Rectangular; semicircular,"^ ^ abeve deer or other wmndew door or other w"ndow accent Maximum length of blank/windowless wall along sidewalk or walkway Transparency'—Ground Floor, low to high Transparency Depth, Ground Floor Transparency Width (Window Coverage) Ground Floor 20' maximum min tFanspaF^^,.., bet..,^^^ 3' above sidewalk to a4+d 8' above sidewalk 15' 50% min 75% max 15' maximum min tFan-^-,r^^,.., bet..,^^^ 3' above sidewalk to a4+d 8' above sidewalk 8' 50% min 75% max Transparency Width (Window Coverage) 20% min 70% max 30% min, 70% max Upper Floors Architectural Features and Fagad^ Openin^S Extensions Fagade Divisions Min every 60' Min every 30' DeeF *s At least 1 Per AQ' Atleast! peF Horizontal Expression Line Must be within 3' of tep ef steFy Must be within 3' of to e€steFy 9't n 9 St rl--- __:1: -- Cornice Required to delineate top of Required to delineate top of parapets wheF^ ^^^'ec,"'^ parapets where applicable Clear Space above Sidewalk Ground Floor Extensions Allowed Ground Floor Encroachment into ROW Upper Floor Extensions Allowed Upper Floor Encroachment Sign Extensions into ROW Additional Standards Accessory Structures Privacy Walls/Fences for patios, private areas' Utility Meters, Mechanical Equipment, Air r^r.J .,r�., .. I I^itS Rd /'.,M.,. -.,.-se Fs Antennas, Satellite Dishes >18" Nothing allowed over ITD ROW, 10' above city sidewalk Awnings, Canopy ITD ROW 0'; city (side) streets up to 3' EHFIS gine "„t ^ than Fr' Balcony, Bay Window', Eave ITD ROW 0'; city (side) streets up to curb line, maximum 6' See 18.19.100 Allowed in rear yard only See 1 Quo nQn0 Max 72" high, set 10' to 15' from ROW Located in rear or on roof, or screened if Ieration visible from street sidewalk Located in rear or on roof 10' Awning', Canopy Up to than 6' Balcony, Bay Window', Eave Up to curb line, maximum 6' See 18.19.100 Allowed in rear yard only, must be at least 20' from any single- family structure See 1 Quo 040040 Max 72" high, set 10' to 15' from ROW Located in rear or on roof, or screened if en side r roof-, or lecatien visible from street sidewalk Located in rear or on roof Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 6 1) If the rear of a building or building lot as adjacent extends through the block to another street it shall follow standards for a sidefagade Windows and Transparency and Architectural Features and Extensions. 2) Measured to top of parapet/cornice, peak of roof, etc. Buildings without direct street frontage located <100' from ROW, and accessory structures, may be exempted from minimum height requirements. 3) Rectangular windows on the ground floor may be approved wider than the height if mulliens and muntins are used to soften the horizontal appearance. Windows with mulliens and muntins must be consistent across the ground floor fagade. 4) Windows must not be made opaque by window treatments except operable sunscreen devices. Bronze tint or reflective glass is not allowed. 5) Awnings must not conceal horizontal expression line. In the Village zone awnings may not be backlit. 6) Bay windows must be open have windows on all sides. 7) Screening or privacy fences and walls are easy allowed adjacent to patios, outdoor dining areas, etc. in side and rear yards. If visible from the sidewalk they must be broken at least every 12' by a pilaster or post. Pilasters and posts may extend up to 6" higher than the fence. Posts in vinyl fences must vary in color every 12' er les from the fence panels. Landscaping required between wall/fence and ROW or property line. See 18.19.080 for standards. B. Courtyards and patios opening to the sidewalk are encouraged and shall include the following features - 1. Partial walls, fences of metal or other secure material, and/or landscape beds shall follow the right-of-way boundary line between the courtyard or patio entry and the adjacent building or side property line to maintain the BTL (see Image 6-3). 2. Each building elevation facing the courtyard or patio on the same parcel must include at least one public entry. 3. Courtyards and patios must include some pervious surface such as paving bricks or planting beds. C. Building facades along an existing or planned pedestrian corridors per the adopted Comprehensive Plan shall meet the design and frontage standards of this chapter. D. Horizontal expression lines above the first floor ceiling help define the pedestrian sphere with a break in color and texture. They are required on all facades facing a street or pedestrian corridor. The horizontal expression line may be created with a stringcourse, belt course, lintels, etc. E. Structures currently existing at the time of this code adoption shall be allowed to remain in their current form and function. however: 1) Rehabilitations such as re -roofing, replacing windows, etc. which do not affect the external dimensions of the structure or make changes to the exterior of the building do not reauire compliance with the design and frontage standards of this chapter. 2) Rehabilitation plans which do not affect the external dimensions of the structure but that replace the siding, cladding, or other non-structural facades visible from the existing public realm, or from a planned public realm such as a future street or pedestrian corridor, must be presented by the building owner for approval by the design review committee demonstrating that the project will meet as many of the design and frontage standards of this chapter as are feasible. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 7 3) Horizontal and/or vertical additions to existing buildings require that the addition be constructed to meet the design standards of this chapter. If the value of the new addition will exceed the value of the existing building, as determined by professional appraiser, county assessor, or other party as accepted by the applicant and design review committee, the entire building shall be brought into compliance with the design standards of this Chapter. The building owner must present plans for approval by the design review committee demonstrating that the facades of the existing building will meet as many of the design and frontage standards of this chapter as are feasible. 4) Additions to existing structures or expansion of businesses on parcels abutting the railroad right- of-way are exempt from the design and frontage standards of this chapter if they are not clearly visible from the adjacent sidewalk on Burley Dr. Alternatively, if such an addition or expansion would otherwise be visible from the adjacent sidewalk, improvements to the property frontage that enhance the pedestrian atmosphere and/or meet design and frontage standards of this chapter may be approved by the design review committee. Image 19.060-1: Build -to Lines in the Highway Corridor and Village Zones Highway Corridor Village Front of building must be within BTL range (10'-40' from RDW) -------------------- Front of building or entrance to courtyard/patio must be at sidewalk I Sidewalk Sidewalk Street Street Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 8 Image 19.060-2: Side Setbacks and Frontage Width Combined setback = 0% of width Combined setback= 25% of width Combined setback = 40% of width 0% 095 15% 1096 4095 0% D 7- 1-1 EEo F-11 L LIPFI Building frontage is c Building frontage is c 10096 of lot width 75% of lot width m a u a a a ❑ o ❑ a a a Building frontage is S 60% of lot width d CL 0 Q. Image 19.060-3: Courtyards and Patios in Relation to Build -to Line 3 m Building 1 Building 2 Building 3 y � CourtyardPatio Patio ■ I F ----1M M M M M M M ROW /BTL sidewalk landscape bed metal fence Courtyard low wall Building 5 ROW / BTL sidewalk Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 9 18.19.070: Land and Building Uses A. Pedestrian Emphasis. The Highway Corridor and Village zones place more emphasis on the pedestrian experience through the placement and height of buildings to frame the street, and enhanced sidewalks, walkways, and landscaping. The buildings that line the street are less restricted in their use than traditional zoning, creating a more interesting and livable atmosphere. See the Land and Building Uses in Table 1 for specifics on land and building uses that are permitted, conditionally permitted, not allowed, or have limitations. TABLE 1: LAND AND BUILDING USES ZONE HC LAND AND BUILDING USE V AGRICULTURAL/NATURAL RESOURCES Feed and seed store C C All other agricultural/natural res. X X P ARTS, ENTERTAINMENT, TOURISM, RECREATION All uses permitted P P P CIVIC SERVICES EL Churches C C Schools C C All other civic services P P Exterminating company COMMERCIAL RETAIL X Kennel, commercial or hobby Automotive sales X X Convenience store C X Drive-in establishment C X Equipment rental and sales yard X X Greenhouse (1 story) X C Industrial and agricultural equipment sales and supply X X Production building sales X X Recreational vehicle sales, service, and supply X X Sexually oriented businesses X X Tire shop, including recapping C X Yard and garden sales / services X C All other commercial retail uses P P4 WAREHOUSE AND STORAGE All warehouse and storage uses X X ZONE LAND AND BUILDING USES HC " COMMERCIAL SERVICES Animal care site 1 P P Auction service z P P Carwash C X Exterminating company P4 X Kennel, commercial or hobby X X Motel X X Service station P X All other commercial services P P 3 HEALTH AND HUMAN SERVICES All health and human services P P HOME OCCUPATIONS Minor home occupations P P Major home occupations and live -work spaces' P P INDUSTRIAL/MANUFACTURING Beverage Bottling 6 P P Food Processing/Production 6 P P Furniture/Cabinet Shop' P P All other industrial/manufacturing X X RODUCTION BUILDINGS (for other uses allowed) All production buildings $ X X RESIDENTIAL DWELLINGS Accessory dwellings e P P Apartments 44 P P Townhouses 10 P P All other residential dwellings X X Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 10 1) Permitted OR gFOUIRd floor; allewed OR upper fleers 4 an extensien ef a permitted use en the gre, ind fleer 1) Veterinary and grooming services permitted en greund fl^^r; no boarding of animals not in veterinary care without a conditional use permit. 2) No external display of activity. 3) Permi++rm�-�-ced o,T.J .,n of 3) Other commercial service uses regarding automobiles, recreational vehicles, etc. are not permitted. 4) Property owner must provide written permission. 5) Permitted as accessory use to restaurant only, not primary use. 6) Permitted as accessory use to restaurant, bakery, grocer, etc. with greenhouse. 7) Allowed in live -work structures, see Home Occupations. 8) Repurposed and stacked shipping containers may be conditionally permitted by the LUDC for permanent residential or non-residential uses. 9) ADU does not require CUP or notification of other property owners; 1 per building., May REA be lGGa*^d 10) Apartments in Highway Corrider zone rnin 400 sf, max 1,000 sf, Village zone min 750 sf, rnin 600 sf in mixed use buildin-g, 11) Adjacent townhouse facades must be offset in depth from one another or vary in color, texture, or materials, etc. Fnin 1,500 s B. Nonconforming Uses: Structures Land and building uses currently existing at the time of this code adoption are considered legal non -conforming uses and shall be allowed to remain in their current form and function, however} at the time of a change to a different land use group as outlined in the table above, the new land use must be permitted in conformance with this chapter. changes te the exterier ef the building except fer re reefing and replacing windows, de net weth thp-,rc-h4tPc#, gyral r nts Af this et,Apter. ce-R-structed te Meet the requirements of thus chapter If the wal, -P f the new addition will Chapter. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 11 18.19.080: Landscaping Standards A. The following landseaping standards for landscaping in the Highway Corridor and Village zones provide for healthy and aesthetic landscaped frontage areas to carry the pedestrian experience and attractiveness beyond the street. Improvements listed below will shade larger expanses of pavement and reduce heat island effect. They are also designed to improve the aesthetics and environment within parking areas, and to decrease the visual impact of vehicular areas (and undeveloped areas) from sidewalk and street. B. Standards apply to: 1. All new development; 2. Physical changes and Si^^rimprovements to vehicular areas {such as expansion, new driveway, or new landscape beds (excluding maintenance such as resurfacing or Fnedian, restriping). In such cases the landscaping Fequ* rr,ents standards take precedence over parking space requirements; and 3. Alteration to an existing principle eFaGeesseFy building that results in an increase of >19%>25% gross floor area. LANDSCAPED AREA REQUIREMENTS OUTSIDE PUBLIC RIGHT-OF-WAY Streetside and Interior Landscaping Front/Side Street Front 30' minimum, side 10' minimum Back of sidewalk to a4 parking area or to Landscaping Depth building or courtyard/hardscaped area (if not at sidewalk/ROW line), b) parking area c) undeveloped-a-rea. Side and Rear Property Line 5' min between parking/vehicular areas and 5' min between parking/vehicular areas and Landscaping Width property line; spaces between buildings (if property line; spaces between buildings (if not at property line) may include hardscape not at property line) may include hardscape and must alse develep include pedestrian and must alse develep include pedestrian safety features for reviewper- o safety features for review pep4l� Landscaping at Alley Not required Not required Interior Landscaping and All unpaved moped areas must be All unpaved eF haFdscape4 areas must be Hardscapes landscaped or hardscaped with landscape landscaped or hardscaped with landscape elements elements Parking/Vehicular areas see -,ringyehiele area landscaping bele. see -.Ling vehicle area land-. caping bele, Shrubs and Ground Cover Turf Grass Maximum 50% of €rent landscaping, not Not permitted in parking areasfry or permitted in parking areassinks stFeet seth,^ks Plan+..r Qpdr-.+fr.. r,+ and S+dp street — livingateFdals Living -.+.,ri-,I /r,., r., r, r,ial .. annual r.l-,..+.-\ r+ eeveF at least 50% of pl-,nteF bed at Living ..,a+.,ri-.I lr.., r., r, r,i-.I ., annu-.Il must eeveF at least 7514 ..f Pl-.r.+..r h...J at r .-.Writ" Planter beds 4n front and side street frontage — non living FnateFffial ('overage an non _living r. ater4s such as colored gravel, river reek, mulch as Fnax Cno% visible at plant FnatWit',' !'overage in non living materials such .,I. ed gravel, river reek, FAulch as x 2514 e at plant Fnatu+#y Shrub Size at Planting Min 3 gallon Min 3 gallon Shrub Size at Maturity Min 30" Max height approx. 42" Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 12 REQUIREMENT I HIGHWAY CORRIDOR Shrub placement/spacing in Minimum 3 per 50 linear feet of frontage `A'h^r^ fFentage depth is >2' and net street frontage/setback hardscaped, man 1 shrub per 8', apprepri fer the SiZe of planLr Minimum 3 per 50 linear feet of frontage, must be spaced >4' apart to allow for pedestrian visibility and safety at maturity Shrub placement/spacing for Min 3 per 50' linear feet Min 3 per 50' linear feet side / rear property line landscape beds flpmar.,-,ti.;n hP4:wPPn �..wrt..aFdS etheF har.J.-.,- pep Shp -hr max 48" high Hedgers aIIS net r..itted; iFen and .- mffil-.r e n deeerative f.,nees peFFnitted- -behind- Stand ;;'Ane, fe rce # hp -;Pt har�k min X Nn restr+ct+en on peFennial and annual pla C Min I shr, �pei 4', a, appFepF'rute feF the si-�e of planteF est be spaced tA' -. -,rt to alle.., fee visibility and safety at Fn-,+ri+., sethack is A' Fnin 1 tFee per BOO'; +r� apffepFiate spacing and size fFem�between street trees; .Fought iFen and similar open .Jecerateye fences permitted and encouraged behmnd shFubs to Fnark edge of landscaping-. fel8 Festrictien a peFennial and annual Trees in Street Frontage Tree size at planting — Front 2" caliper at breast height, min tree height 6' 2" caliper at breast height, min tree height 6' and side street frontage Trees Selection for front/side Trees within 10' of sidewalk must be Trees within 10' of Sidewalk must be noted street frontage areas approved as street trees on list as approved street trees per the list, and (Approved List') must not bear fruit nor be marked as messy for streets Tree placement/spacing in Min 1 tree per 50 linear feet Min 1 tree per 50 linear feet required where setback is >5' man 1 tFee per '^'• however, street frontage to maintain appropriate spacing and size from/between street trees and streetlights adjustments may be approved by the design review committee TFee pl.,,.,,... ent/spacing i side and Fear property line landscape bed -s noir, 1 r, r SO Iffine-.r f.,..t noir. 1 r, r 50 linear feet Vehicular Area Landscaping (Parking and Drive Aisles) Trees in Parking Areas —Heat Each parking stall (side or corner, etc.) must Each parking stall (side or corner, etc.) must Island Reduction z be within 50' 60' of a tree trunk be within 5OL60' of a tree trunk Vehicular Area Setback All area between sidewalk and vehicle area All area between sidewalk and vehicle area must be landscaped; tree and shrub must be landscaped; tree and shrub standards apply standards apply Shrubs in vehicular area <50 square feet — 0; <50 square feet — 0; landscape beds 50-100 square feet — 2 shrubs; >100 square 50-100 square feet — 2 shrubs; >100 square feet — 3 shrubs feet — 3 shrubs Planting beds size in parking Min 50' square fee, min' S' on any side Min 50' square fee, min' S' on any side areas t.;reening of 192c2nt Arp2r from Street Vacant areas temporary Wig- Landscape ape strip required free street to depth of Fninimum I-,r,.J&e r. d m f-ff NAmn A' I-nd-sea ed buffer strip at back ,f ;6dPwRik Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 13 1. The City of Pocatello approved street tree list applies to the landscape strips in the Chubbuck Village. 2. The City of Pocatello approved street tree list includes suggestions for trees in parking areas. 2. SeFeeRiRg Feq6i*Fed- frem Street fA-.r each vaeant 'At e-reated- mieth new plat 9F let Split, eF PE)Ft a An Af 'At that all remain varant after construction en preperty. Temperary landscaping must be upgraded to final/complete requiremeRts At time A-f e.n. vaca.n.t Iet n-.r -a.rea. Builder or developer may 3. FeRee must be bFE)I(eR at least every 12' by a post. Post Eap Fnay extend Up tO 6" higheF thaR fenEe. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 14 18.19.090: Parking Standards A. Parking Standards for Highway Corridor and Village zones are designed to ensure appropriate levels of parking, loading, etc. for a variety of uses. The standards provide flexibility for small site development and maximize on -street and shared parking. These measures will help reduce fragmented single - purposed parking, and provide the ability to, and promote, park -once and enjoy Village streets on foot or by bicycle. Standards apply to: 1. All new construction of primary or accessory buildings, or expansion >15%<25%. 2. New or reconstructed parking facilities, including driveways and loading areas. 3. Improvements to existing vehicular areas, including enlargement or reconfiguration. 4. Demolition or destruction of main building on site. B. General Regulations: 1. Parking spaces and drive aisle standards: a. Standard spaces must be at least 9' wide and 18' long. b. Parallel parking spaces must be at least 8' wide and 20' long. c. Drive aisles must be at least 20' wide. Exceptions for 1 -way drive aisle width may be granted between rows of angled, parallel, or mixed angled/parallel parking. 2. Office/professional is based on net leasable floor space — common areas, restrooms, etc. are excluded if the building/site includes a mixture of nonresidential uses the combined total of required spaces may be reduced to 75%. 3. No off-street parking allowed in front of main building. 4. As with requirements for automobile parking, secure bicycle parking shall also be provided. TABLE 1. PARKING AREA STANDARDS PARKING STANDARDS HIGHWAY CORRIDOR VILLAGE Setback and Frontage Primary Street Setback 30' min 10' min Side/Rear Street Setback 10' min 10' min Alley Setback 0' min 0' min Primary Street Width 33% maxi 25% max Side Street Width 50% max 25% max Screening and Landscaping Screening from Street 1 See Landscaping Requirements See Landscaping Requirements Landscaping within Parking Areas See Landscaping Requirements See Landscaping Requirements Bicycle Parking Secure Bicycle Accommodations Required for patrons, employees; see table 2 Required for patrons, employees; see table 2 Driveways and Access Driveway Locations Permitted Alley, 50' min from street; if no alley- rear street or shared driveway from side street Alley, 50' min from street; if no alley- single access on rear street, or shared on primary or side street Single Driveway Locations (may be Conditionally Permitted by Design Review Committee) Single driveway from side street; (ITD has authority for access to Yellowstone) Single driveway from side street preferred over primary street Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 15 1) For example, no more than 33% of highway frontage may be occupied by vehicular areas/parking. See Image 19.060-2: Side Setbacks and Frontage Width. 2) SeF 1 fFeFn stFeet feF each vaEaRt lat eFeated With Rew plat eF lat split, OF P84 On Of 1E)t that 2) Off-street parking for residential uses shall not have individual access to, nor spaces/garages facing, the a public street. C. Parking Requirements: The standards in Table 2, below, are reduced from requirements in other areas of the city, are intended to decrease chances that the Chubbuck Village area will be "over - parked," and the amount of land consumed by parking rather than active land uses and buildings. 1. Sites with permanent or long-term shared parking agreements are eligible for reduced parking requirements. Off-site non-residential parking is permitted per the following site standards: a. Must be within 800 feet and not across Yellowstone Avenue from site. b. Must be subject of long-term lease approval or permanently dedicated. 2. On -street parking stalls adjacent to a property may be included in the non-residential parking spaces requirement. One third of on -street parking stalls within 300' of a public building entrance (door or courtyard) or employee entrance may also be included in the parking requirement. 3. Where uses locate in Chubbuck Village which exceed the number of street parking stalls fronting the property, the city may require that monies be collected towards the creation of parking in a common parking area or garage in or near the district. 4. As with other areas of the City, the Chubbuck City Council may considers deviations in parking requirements on a proiect by project basis. TABLE 2. AUTO AND BICYCLE PARKING REQUIREMENTS Standards same in Highway Corridor and Village Zones LAND/BUILDING USE AUTOMOBILE SPACES BICYCLE SPACES' Residential Uses Apartments — Studio/1 bedroom 1 per unit No requirement for units with private storage or garage 1 per 10 units (minimum 2, maximum 12), no requirement for structures with <&<9 units Apartments — 2+ bedrooms 1 assigned per unit, .8 unassigned per unit Townhouse S2 1 assigned per unit, .8 unassigned per unit Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 16 LAND/BUILDING USE AUTOMOBILE SPACES BICYCLE SPACES' Nonresidential Uses' Assembly (Arena, 1 per 5 fixed seats/seat+eg 1 space per 2% of parking requirement Auditorium, Convention capacity (bench seating 30" = 1 (minimum 2) Space, Funeral Home, seat), or for non-fixed seating 1 per 100 net sf Worship) Example: 250 seat building = 3G-50 parking spaces + 2 bike spaces (+ 1 per 500 sf for other+-on- site assembly-type uses, i.e. nursery school, er nee- classroom) Dining, taverns, night clubs .5 per seat Dining 1 per 10,000 sf (minimum 2) Taverns and nightclubs 0 required Hospital/Treatment Center .5 per bed, incl post op, 1 per 20,000 sf floor area (minimum 2) outpatient, etc. Library, Museum, Gallery 1/500 net sf 1 per 10,000 net sf (minimum 2) Lodging 1 per room, plus 1 for each 50 Lodging n/a rooms or fraction thereof Accessory uses such as 50% of normal requirement for other uses convention / restaurant add 50% required per specific land use Office (incl Govt), all other 1 per 300 net sf (leasable), upper 1 per 10,000 net sf (minimum 2) Commercial Services floors 1 per 400 net sf Other Recreational or TBD TBD entertainment uses Retail 1 per 350 net sf 1 per 10,000 sf (minimum 2) 1) Based on recommendations by the Association of Pedestrian and Bicycle Professionals for bicycle parking guidelines. 2) Townhouses must face the street and be alley or rear loaded (with all vehicle access, parking/garages in rear). 3) Nonresidential requirements: a. May be reduced for parking shared between multiples uses or businesses with different hours of peak demand. b. For uses not identified, follow requirements per Chapter 18.08.046. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 17 18.19.100: Signage Standards A. Purpose: Signage Standards for the Highway Corridor and Village Zones strengthen the economic and aesthetic appeal of the area through elevating sign standards and regulations. The visual quality, appropriate scale, and effective display of signs contribute to the identity, brand, and atmosphere of zones. Specifically: 1. Provide the public, property owners, and businesses an opportunity for safe and effective means of communication, reducing visual distractions and obstructive views from potentially creating safety hazards for motorists, pedestrians, and bicyclists. 2. Coordinate the location and type of signage with existing and proposed street frontage landscaping in a manner that that contributes to the character and economic health of the zones and individual projects and investments, and enhances the aesthetic quality of the area. Provide clear and understandable regulations that enable the fair and consistent enforcement of these standards. B. General Standards and Requirements: New or Reconstructed Signs. All new signs and structural improvements to existing signs shall comply with these regulations. 2. Change in Use for Single Business Signage. For signage serving one business, whenever the existing use is changed to a new use requiring any change of signage content or face, the new sign, face, and content shall comply with these regulations. Sign area. The sign area shall be measured from the outside edge of the sign face. a. The area of a sign consisting of two sides shall be computed by adding together the total area(s) of both sides. b. The total area of a sign with more than two faces shall be calculated using the area of the largest 2 faces. c. The total area of a 3-dimensional sign structure shall be calculated by measuring the profile of the sign as 1 side and doubling the figure to calculate the total area. d. See table for specific requirements. 4. Prohibited signs. The following sign types are prohibited in the Highway Corridor and Village Zones: a. Off -premise signs. b. External Temporary signs other than A-Frame/Sandwich Board signs. c. Signs with moving, spinning, animated, or flashing parts, including wind -driven signs and running lights. d. Electronic message displays, electronic reader boards, and video displays. e. Inflated or balloon signs. f. Billboards are prohibited throughout the city. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 18 C. Signs Requirements by Type and Zone: Various sign types and sizes are allowed in the Highway Corridor and Village Zones, depending on the zone and building facade. Sign Standards by Type and Zone See Image 10-1: Sign Types P=Permitted N=Not Permitted SIGN TYPE HIGHWAY CORRIDOR VILLAGE Awning' P P May extend into City ROW per Building Frontage Standards in 18.19.60: Design and Frontage Canopy',' P P May extend into City ROW per Building Frontage Standards in 18.19.60: Design and Frontage Hanging' P — max 12 sf P— max 12 sf Maintain clear height at least 10' above sidewalk, may extend 43' into City ROW; if beneath awning maintain 8' clearance Monolith P P Must have solid base Max height 25', Max width 6' Max height 12', width 4' Monumentz P P Must have solid base Max height 6', Max width 12' Max height 5', Max width 8' Pole N N Projecting' P— max 12 sf P— Max 6 sf Maintain clear height at least 10' above sidewalk, may extend 43' into City ROW; if beneath awning maintain 8' clearance Pylon P N Each leg must be at least 2' wide Max height 25', Max width 8' Separation min 250' Site Directional/Directory P P Max height 3' Max height 3' Roof P N Maximum 1 sign per building Max 1 sf per linear foot of facade Temporary A-frame/Sandwich Board P P Wall Signs' P P May not extend above parapet Window Sign S4 P P 1) Of this group of signs (awning, canopy, hanging, projecting, wall) no more than 3 signs allowed per street frontage; total sign area allowed per building, or establishment with exterior entrance, is 1 sf per linear feet of frontage or 24 sf, whichever is greater. a. Total of all signs on multi -tenant building frontage shall not exceed 100 sf. b. Hanging or projecting signs under a canopy or awning are limited to 3 square feet per business entrance. ^. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 19 2) Changeable copy may be incorporated into a canopy, monolith, or monument sign, up to a maximum of 20% of the sign area but not to exceed 6 sf. Changeable copy includes only single -color static digital displays. Full-color displays or reader boards are not allowed. 3) Temporary signs. A-Frame/Sandwich Board signs are allowed on sidewalks but must not restrict the flow and safety of any mode of traffic and must be removed daily. Limit of 1 sign per retail/restaurant establishment, max height 3'. 4) Permanent and semi-permanent window signs such as lettering, etching, or open/closed signs need no permit if they do not exceed 10% of the glass area of the window and do not obstruct the required view of depth to 15 feet from the sidewalk. Temporary window signs may occupy an additional 10% of the window area and shall meet the same standards for permanent and non -permanent signs. D. Nonconforming Signs: Permanent signs existing at the time of this code adoption shall be allowed to remain in their current form and function however: 1. Nonconforming signs shall not be enlarged, expanded, extended, nor shall any additional sign be added to the support structure of a nonconforming sign. Permanent and temporary attachments, including banners, may not be attached to the sign. Any proposed alteration shall be made only for bringing the entire sign into conformity. 2. General repairs, maintenance, and change to a sign face or advertising copy that does not include replacing a static sign with an electronic message display (EMD) are not considered alterations. 3. A sign that is removed for public purposes such as for utilities or street expansion or repair, may be replaced, and may be placed in an appropriate location as provided by the City, provided there is no increase in the height or size of the sign. Any other nonconforming element of the sign must be brought into conformance. A nonconforming sign that is voluntarily replaced shall be replaced with a conforming sign. 4. If more than 50% of a nonconforming sign is damaged by any means, as measured by total replacement cost of both the sign and structure prior to such destruction, it shall be considered destroyed and shall not be brought back into service or use except in conformity with the provisions of this section. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 20 I Roof 6 Wall Window Image 10-1: Sign Types Awning F 4 Business a Enter Business ¢ Exit Site Directional Site Directional A -Frame/ (Directory) (TrofcDirections) Sandwich Board Roof Wall Window Projecting Monolith Monument m v � o Projecting I ' � Projecting lFlnnn;nn t�rt„� _ __1 . 3 ". !Bfade Sienl sign) Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.A — Page 21 EXHIBIT 1.B PROPOSED CHAPTER 18.19: CHUBBUCK VILLAGE CRITERIA DRAFT INCORPORATING PROPOSED UPDATES PROPOSED Chapter 18.19 Chubbuck Village Criteria 18.19.010: PURPOSE AND INTENT A. Purpose. The Highway Corridor (HC) and Village (V) zones are established to implement the Comprehensive Plan for the urban gathering place in the City of Chubbuck. This chapter focuses on the pedestrian environment within a mix of compatible land uses, rather than traditional zoning which often neglects pedestrian safety and disconnects people and businesses from one another. 2. Together the zones are a form -based code (FBC) regulating first how building placement and basic design features relate to the street and improve the pedestrian environment, with less emphasis on land use restriction and separation. 3. FBC standards produce more predictable results in the building and redevelopment of properties and the desired physical form described in the Comprehensive Plan for Chubbuck. B. Intent. The intent of the zones is to further the policies of the Comprehensive Plan to a greater extent than would a traditional Euclidean zone to: 1. Promote the public health, safety, and welfare; 2. Create functionally integrated developments that allow for a more efficient and cost-effective provision of public services; 3. Promote decreased suburban sprawl, under -developed sites, and agricultural land development on the ex -urban fringe; 4. Promote increased community interactions via development standards which emphasize pedestrian and bicycle modalities; 5. Encourage a variety of housing types and affordability that accommodate residents' needs through different stages of life; 6. Establish reasonable design standards for development and redevelopment within the zone in order to ensure that the built environment is sustainably desirable and stable, that property values are stable and maintained, and to enhance the image of the City of Chubbuck; and 7. Establish standards that allow for additional creativity in promoting and providing sites and structures that accommodate multiple land uses. 18.19.020: ENUMERATION OF DISTRICTS A. Highway Corridor (HC) Zone. The purpose of this district is to provide an enhanced location for a broad variety of businesses with highway frontage serving local and regional markets. The district includes standards based on design and functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Standards include city street requirements for the Chubbuck Village area creating commonalities shared between the Highway Corridor and Village zones. B. Village (V) Zone. The purpose of this district is to provide a mixed-use environment that serves as an urban meeting space focused on pedestrian activity. The district includes standards based on design and Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 1 functions of buildings, site layouts, and landscaping with less emphasis on land uses per parcel. Commercial, civic, and medium to high density residential uses are allowed throughout the district. Standards include street requirements for the Chubbuck Village area creating commonalities shared between the Village and Highway Corridor zones. 18.19.030: SPECIAL PROVISIONS A. Relationship to Other Land Use Controls: Wherever there is a difference between provisions of this chapter and those of other chapters, the provisions of this chapter shall control. Unless otherwise authorized, subjects not governed by this chapter shall be governed by the respective provisions found elsewhere in this Code. B. Pedestrian Realm: In order to achieve an overall walkable environment, appropriate land uses, pedestrian connections, cross easements, common driveways, consistent site standards, etc., must be coordinated within the Highway Corridor (HC) and Village (V) zones, even though properties may be individually owned. C. Stormwater Retention: Stormwater in the Highway Corridor (HC) and Village (V) zones shall be retained and treated below ground via infiltrators in accordance with the Portneuf Valley Stormwater Design Manual. D. Zoning District designations within the Chubbuck Village area shall be in accordance with the Comprehensive Plan's Future Land Use Map and the District -Zone District Conversion table found in Chapter 16, Goal 3, Policies A and B of the Comprehensive Plan. 18.19.040: REGULATING PLAN Building permit applications, platting and Conditional Use Permits (if applicable) must be preceded by the appropriate technical and design approvals. A. Technical Review: The City Design Review Committee or an established Chubbuck Village Review Committee will review technical details as outlined in Chapter 18.16 of this Title. The Committee will review and relay technical details of the project as they relate to this or other titles of City code. In cases where a CUP is required, design review approval must precede the CUP application, and does not constitute approval of the land use or project. The LUDC may attach more stringent requirements upon a CUP than the Design Review Committee. B. Standards Review: Staff will provide and maintain application forms and checklists to assist the property developer in complying with the architectural, landscaping, signage, parking, site development, and other components specific to this chapter, and as they relate to each subdistrict within the Highway Corridor (HC) and Village (V) zones. C. Regulating Plan Progression: 1. Developer may meet with Staff at any time for feedback on a potential project. 2. Technical Review through the Design Review Committee. a. If required by the Highway Corridor (HC) or Village (V) zones Land and Building Uses regulations in Section 18.19.060, or by the Design Review Committee, a CUP must be approved by the LU DC for the project to proceed. 3. Staff review of project per Zone standards, including checklists for compliance. 4. When approved, project proceeds to Building Permit and other permit applications. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 2 18.19.050: Streets and Rights -of -Way A transportation network is planned to enhance pedestrian and bicycle mobility within and to the Chubbuck Village area. The arrangements, character, extent, width, grade, and location of streets shall conform to the Comprehensive Plan, shall integrate harmoniously with existing and planned streets, shall enhance the public convenience and safety and shall facilitate the proposed uses of the land to be served by such streets A. Street and Pedestrian Corridor development shall be in accordance with the functional class road map in Chapter 16 of the Comprehensive Plan. Properties which are adjacent to streets and/or walkways, or which have proposed streets and/or pedestrian corridor locations containing the streets and/or walkways shall develop/redevelop as follows: 1. Right-of-way and improvements required for Evans Ln, E. Linden Ave, and S. Burley Drive, and other street where angled parking is used (below) require 85' feet of ROW, which includes a 10' sidewalk on either side of the street. W/ 45 ANGLED PARKING 2. Right -of -Way and Improvement Requirements for all other streets where parallel parking is used (below) require 70' feet of ROW, which also includes a 10' sidewalk on either side of the street. W/ PARALLEL PARKING 3. The typical location and dimension of striping, trees and curb extensions (below) for the streets with angled parking. 4. Pedestrian corridors (or walkways/paseos) shall be designed in relationship with their surrounding building environment at the pedestrian scale. a. Standard with for pedestrian/multi-use corridor is a 10' wide hard surface. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 3 b. Building fagades along an existing or planned pedestrian corridor or paseo per the adopted Comprehensive Plan shall meet the design and frontage standards of this chapter. 5. Alleys in the Highway Corridor and Village zones are encouraged to provide access to off-street parking, sanitation, commercial unloading, etc. a. Public alleys shall be a minimum twenty-four feet (24') wide and accommodate snow removal. Dead end alleys shall be avoided. b. In addition to right-of-way, alleys shall be designed as usable and programmable public space. B. Defined streetscapes shall be constructed and dedicated for public use and enjoyment and the enhancement of the public space through the development exaction and/or building permit process. The City shall identify street furniture such as streetlights, trash receptacles, benches, bicycle racks, etc. for installation in the public right-of-way within the Highway Corridor and Village zones. C. Easements for pedestrian corridors or paseos per the adopted Comprehensive Plan shall be dedicated to the city and/or to the public for access, concurrent with issuance of building permits or approval of plats. Easements shall be of adequate width to accommodate the facility including necessary features such as retaining walls, ditch banks, safety features, ADA requirements, etc. D. Bicycle racks shall be provided to encourage biking to the area and to prevent the use of trees, benches, trash bins, etc. from being used for securing bicycles. Bicycle racks, particularly those in the ROW, shall be located to comply with the Americans with Disabilities Act. They should be in either the furnishings zone or on curb extensions where possible. E. Sight triangles shall be maintained at intersections and driveways for public safety, and will be addressed in the technical review per 18.19.040.A. F. Street names in the Chubbuck Village area shall be reflective of natural features with proximity to Chubbuck, or to geographic features recognized commonly in the state of Idaho. G. All other requirements for street design and construction shall apply. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 4 18.19.060: Design and Frontage A. These standards focus on form and function of the public realm to a greater extent than traditional zoning which aims primarily to separate land uses. It is not the intent of this ordinance to restrict creative building and site designs. The architectural standards reflect the need to create buildings that enhance the public realm, that are compatible with surrounding (current and planned) structures and spaces, and that create an appealing visual interest without being overly prescriptive. Of particular interest is ground -level architecture and design that pedestrians and others visiting the Chubbuck Village area find the streets and pedestrian corridors interesting and engaging, factors which encourage walking, particularly in the Village Zone. This can be accomplished through elements such as store front windows with retail displays, outdoor dining areas, courtyards, art displays, horizontal expression lines, and placing restrictions on unbroken fagade appearances, etc. The table lists standards for the two Chubbuck Village zones. DESIGN AND FRONTAGE HIGHWAY CORRIDOR VILLAGE Build -to Line/BTL Primary street (front) fagade (see Image 10' min 40' max 0', building or courtyard/patio at 6-1) sidewalk Side street fagade 10' min 20' max 0', building or courtyard/patio at sidewalk Property Line Setback (Non -Street) Side setback (see Image 6-2) 0' min, max 33% of lot width 0' min, max 25% of lot width Rear setback 0' min 0' min from non-residential or mixed use; 10' min from residential Frontage and Building Facade Width and Height Minimum lot width 25' min 25' min Primary street (front) fagade building 67% min 75% min width of parcel (see Image 6-2) Side or rear street fagadel building width 50% min 60% min of parcel Minimum and Maximum Building Height 25' minimum; 25' minimum on Evans Ln, E z 4 stories maximum Linden Ave, Burley Dr, Chubbuck Rd; 20' minimum other streets; 4 stories maximum Parking Structures Max 2 levels above ground, Not to exceed ceiling of highest higher if it doesn't exceed floor in adjacent building ceiling of highest floor in adjacent building Ground Floor Ceiling Height 12' min 12' min Upper Floor Ceiling Height 9' min 9' min Windows and Transparency Window Orientation —Standard Vertical or horizontal; horizontal Vertical 3 —taller than width Openings windows must be no longer than 10' wide Window configurations—ground Floor Rectangular; accent windows Rectangular; accent windows also allowed also allowed Maximum length of blank/windowless 20' maximum 15' maximum wall along sidewalk or walkway Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 5 DESIGN AND FRONTAGE Transparency' —Ground Floor, low to high Transparency Depth, Ground Floor Transparency Width (Window Coverage) Ground Floor Transparency Width (Window Coverage) Upper Floors Architectural Features and Extensions Fagade Divisions Horizontal Expression Line Cornice Clear Space above Sidewalk Ground Floor Extensions Allowed Ground Floor Encroachment into ROW Upper Floor Extensions Allowed Upper Floor Encroachment Sign Extensions into ROW Additional Standards Accessory Structures Privacy Walls/Fences for patios, private areas? Utility Meters, Mechanical Equipment, etc. Antennas, Satellite Dishes >18" HIGHWAY CORRIDOR min 3' above sidewalk to 8' above sidewalk 15' 50% min 75% max 20% min 70% max Min every 60' Must be within 3' of 1" floor ceiling Required to delineate top of Nothing allowed over ITD ROW, 10' above city sidewalk Awnings, Canopy ITD ROW 0'; city (side) streets up to 3' Balcony, Bay Window6, Eave ITD ROW 0'; city (side) streets up to curb line, maximum 6' See 18.19.100 Allowed in rear yard only Max 72" high, set 10' to 15' from ROW Located in rear or on roof, or screened if visible from sidewalk Located in rear or on roof VILLAGE min 3' above sidewalk to 8' above sidewalk 8' 50% min 75% max 30% min, 70% max Min every 30' Must be within 3' of 1" floor ceiling Required to delineate top of parapets where applicable 10' Awning', Cano Up to 3' Balcony, Bay Wind ow6, Eave Up to curb line, maximum 6' See 18.19.100 Allowed in rear yard only, must be at least 20' from any single- family structure Max 72" high, set 10' to 15' from ROW Located in rear or on roof, or screened if visible from sidewalk Located in rear or on roof 1) If the rear of a building extends through the block to another street it shall follow standards for Windows and Transparency and Architectural Features and Extensions. 2) Measured to top of parapet/cornice, peak of roof, etc. Buildings without direct street frontage located <100' from ROW, and accessory structures, may be exempted from minimum height requirements. 3) Rectangular windows on the ground floor may be approved wider than the height if muntins are used to soften the horizontal appearance. Windows with muntins must be consistent across the ground floor fagade. 4) Windows must not be made opaque by window treatments except operable sunscreen devices. Bronze tint or reflective glass is not allowed. 5) Awnings must not conceal horizontal expression line. In the Village zone awnings may not be backlit. 6) Bay windows must be open/have windows on all sides. 7) Screening or privacy fences and walls are allowed adjacent to patios, outdoor dining areas, etc. in side and rear yards. If visible from the sidewalk they must be broken at least every 12' by a pilaster or post. Pilasters and posts may extend up to 6" higher than the fence. Posts in vinyl fences must vary in color from the fence panels. Landscaping required between wall/fence and ROW or property line. See 18.19.080 for standards. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 6 B. Courtyards and patios opening to the sidewalk are encouraged and shall include the following features: 1. Partial walls, fences of metal or other secure material, and/or landscape beds shall follow the right-of-way boundary line between the courtyard or patio entry and the adjacent building or side property line to maintain the BTL (see Image 6-3). Each building elevation facing the courtyard or patio on the same parcel must include at least one public entry. Courtyards and patios must include some pervious surface such as paving bricks or planting beds. C. Building facades along an existing or planned pedestrian corridors per the adopted Comprehensive Plan shall meet the design and frontage standards of this chapter. D. Horizontal expression lines above the first floor ceiling help define the pedestrian sphere with a break in color and texture. They are required on all fagades facing a street or pedestrian corridor. The horizontal expression line may be created with a stringcourse, belt course, lintels, etc. E. Structures currently existing at the time of this code adoption shall be allowed to remain in their current form and function, however: 1) Rehabilitations such as re -roofing, replacing windows, etc. which do not affect the external dimensions of the structure or make changes to the exterior of the building do not require compliance with the design and frontage standards of this chapter. 2) Rehabilitation plans which do not affect the external dimensions of the structure but that replace the siding, cladding, or other non-structural facades visible from the existing public realm, or from a planned public realm such as a future street or pedestrian corridor, must be presented by the building owner for approval by the design review committee demonstrating that the project will meet as many of the design and frontage standards of this chapter as are feasible. 3) Horizontal and/or vertical additions to existing buildings require that the addition be constructed to meet the design standards of this chapter. If the value of the new addition will exceed the value of the existing building, as determined by a professional appraiser, county assessor, or other party as accepted by the applicant and design review committee, the entire building shall be brought into compliance with the design standards of this Chapter. The building owner must present plans for approval by the design review committee demonstrating that the facades of the existing building will meet as many of the design and frontage standards of this chapter as are feasible. 4) Additions to existing structures or expansion of businesses on parcels abutting the railroad right- of-way are exempt from the design and frontage standards of this chapter if they are not clearly visible from the adjacent sidewalk on Burley Dr. Alternatively, if such an addition or expansion would otherwise be visible from the adjacent sidewalk, improvements to the property frontage that enhance the pedestrian atmosphere and/or meet design and frontage standards of this chapter may be approved by the design review committee. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 7 Image 19.060-1: Build -to Lines in the Highway Corridor and Village Zones Highway Corridor Village Front of building must be within BTL range (10'-40' from ROW) -------------------- ✓y✓✓✓✓✓✓ Sidewalk Street Front of building or entrance to courtyard/patio must be at sidewalk I Sidewalk Street Image 19.060-2: Side Setbacks and Frontage Width Combined setback = 0% of width Combined setback= 25% of width Combined setback = 40% of width 0% 095 15% 1095 40% 0% El LIE] I I EU7 I I LM El 1:1 LI L E❑ Building frontage is c Building frontage is Building frontage is G 100% of lot width 75% of lot width 60% of lot width u u u u 01 ul ¢I n Image 19.060-3: Courtyards and Patios in Relation to Build -to Line 3 Building 1 Building 2 Building 3 Building 5 H � Courtyard Patio ■ Courtyard ■ Patio ■ ROW / BTL Jr ROW BTL sidewalk w/ sidewalk landscape bed metal fence !ow wall Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.B — Page 8 18.19.070: Land and Building Uses A. Pedestrian Emphasis. The Highway Corridor and Village zones place more emphasis on the pedestrian experience through the placement and height of buildings to frame the street, and enhanced sidewalks, walkways, and landscaping. The buildings that line the street are less restricted in their use than traditional zoning, creating a more interesting and livable atmosphere. See the Land and Building Uses in Table 1 for specifics on land and building uses that are permitted, conditionally permitted, not allowed, or have limitations. TABLE 1: LAND AND BUILDING USES ZONE HC LAND AND BUILDING USE V AGRICULTURAL/NATURAL RESOURCES Feed and seed store C C All other agricultural/natural res. X X P ARTS, ENTERTAINMENT, TOURISM, RECREATION All uses permitted P P P CIVIC SERVICES EL Churches C C Schools C C All other civic services P P Exterminating company COMMERCIAL RETAIL X Kennel, commercial or hobby Automotive sales X X Convenience store C X Drive-in establishment C X Equipment rental and sales yard X X Greenhouse (1 story) X C Industrial and agricultural equipment sales and supply X X Production building sales X X Recreational vehicle sales, service, and supply X X Sexually oriented businesses X X Tire shop, including recapping C X Yard and garden sales / services X C All other commercial retail uses P P4 WAREHOUSE AND STORAGE All warehouse and storage uses X X ZONE LAND AND BUILDING USES HC " COMMERCIAL SERVICES Animal care site 1 P P Auction service z P P Carwash C X Exterminating company P X Kennel, commercial or hobby X X Motel X X Service station P X All other commercial services P P 3 HEALTH AND HUMAN SERVICES All health and human services P P HOME OCCUPATIONS Minor home occupations P P Major home occupations and live -work spaces' P P INDUSTRIAL/MANUFACTURING Beverage Bottling 6 P P Food Processing/Production 6 P P Furniture/Cabinet Shop' P P All other industrial/manufacturing X X RODUCTION BUILDINGS (for other uses allowed) All production buildings $ X X RESIDENTIAL DWELLINGS Accessory dwellings e P P Apartments P P Townhouses 10 P P All other residential dwellings X X Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.B — Page 9 1) Veterinary and grooming services permitted; no boarding of animals not in veterinary care without a conditional use permit. 2) No external display of activity. 3) Other commercial service uses regarding automobiles, recreational vehicles, etc. are not permitted. 4) Property owner must provide written permission. 5) Permitted as accessory use to restaurant only, not primary use. 6) Permitted as accessory use to restaurant, bakery, grocer, etc. with greenhouse. 7) Allowed in live -work structures, see Home Occupations. 8) Repurposed and stacked shipping containers may be conditionally permitted by the LUDC for permanent residential or non-residential uses. 9) ADU does not require CUP or notification of other property owners; 1 per building. 10) Adjacent townhouse fagades must be offset in depth from one another or vary in color, texture, or materials, etc. B. Nonconforming Uses: Land and building uses currently existing at the time of this code adoption are considered legal non -conforming uses and shall be allowed to remain in their current form and function, however at the time of a change to a different land use group as outlined in the table above, the new land use must be permitted in conformance with this chapter. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 10 18.19.080: Landscaping Standards A. The following standards for landscaping in the Highway Corridor and Village zones provide for healthy and aesthetic landscaped frontage areas to carry the pedestrian experience and attractiveness beyond the street. Improvements listed below will shade larger expanses of pavement and reduce heat island effect. They are also designed to improve the aesthetics and environment within parking areas, and to decrease the visual impact of vehicular areas (and undeveloped areas) from sidewalk and street. B. Standards apply to: 1. All new development; 2. Physical changes and improvements to vehicular areas {such as expansion, new driveway, or new landscape beds (excluding maintenance such as resurfacing or restriping). In such cases the landscaping standards take precedence over parking space requirements; and 3. Alteration to an existing principle building that results in an increase of >25% gross floor area. LANDSCAPED AREA REQUIREMENTS OUTSIDE PUBLIC RIGHT-OF-WAY Streetside and Interior Landscaping Front/Side Street Front 30' minimum, side 10' minimum Back of sidewalk to parking area or to Landscaping Depth building or courtyard/hardscaped area (if not at sidewalk/ROW line) Side and Rear Property Line 5' min between parking/vehicular areas and 5' min between parking/vehicular areas and Landscaping Width property line; spaces between buildings (if property line; spaces between buildings (if not at property line) may include hardscape not at property line) may include hardscape and must include pedestrian safety features and must include pedestrian safety features for review for review Landscaping at Alley Not required Not required Interior Landscaping and All unpaved areas must be landscaped or All unpaved areas must be landscaped or Hardscapes hardscaped with landscape elements hardscaped with landscape elements Shrubs and Ground Cover Turf Grass Maximum 50% of landscaping, not permitted Not permitted in parking areas in parking areas Shrub Size at Planting Min 3 gallon Min 3 gallon Shrub Size at Maturity Min 30" Max height approx. 42" Shrub placement/spacing in Minimum 3 per 50 linear feet of frontage Minimum 3 per 50 linear feet of frontage, street frontage/setback must be spaced >4' apart to allow for pedestrian visibility and safety at maturity Shrub placement/spacing for Min 3 per 50' linear feet Min 3 per 50' linear feet side / rear property line landscape beds Trees in Street Frontage Tree size at planting — Front 2" caliper at breast height, min tree height 6' 2" caliper at breast height, min tree height 6' and side street frontage Trees Selection for front/side Trees within 10' of sidewalk must be Trees within 10' of Sidewalk must be noted street frontage areas approved as street trees on list as approved street trees per the list, and (Approved List') must not bear fruit nor be marked as messy for streets Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 11 REQUIREMENT Tree placement/spacing in Min 1 tree per 50 linear feet Min 1 tree per 50 linear feet required where street frontage setback is >5' however, to maintain appropriate spacing and size from/between street trees and streetlights adjustments may be approved by the design review committee Vehicular Area Landscaping (Parking and Drive Aisles) Trees in Parking Areas — Heat Each parking stall (side or corner, etc.) must Each parking stall (side or corner, etc.) must Island Reduction Z be within 60' of a tree trunk be within 60' of a tree trunk Vehicular Area Setback All area between sidewalk and vehicle area All area between sidewalk and vehicle area must be landscaped; tree and shrub must be landscaped; tree and shrub standards apply standards apply Shrubs in vehicular area <50 square feet — 0; <50 square feet — 0; landscape beds 50-100 square feet — 2 shrubs; >100 square 50-100 square feet — 2 shrubs; >100 square feet — 3 shrubs feet — 3 shrubs Planting beds size in parking Min 50' square fee, min' 5' on any side Min 50' square fee, min' 5' on any side areas 1. The City of Pocatello approved street tree list applies to the landscape strips in the Chubbuck Village. 2. The City of Pocatello approved street tree list includes suggestions for trees in parking areas. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 12 18.19.090: Parking Standards A. Parking Standards for Highway Corridor and Village zones are designed to ensure appropriate levels of parking, loading, etc. for a variety of uses. The standards provide flexibility for small site development and maximize on -street and shared parking. These measures will help reduce fragmented single - purposed parking, and provide the ability to, and promote, park -once and enjoy Village streets on foot or by bicycle. Standards apply to: 1. All new construction of primary or accessory buildings, or expansion <25%. 2. New or reconstructed parking facilities, including driveways and loading areas. 3. Improvements to existing vehicular areas, including enlargement or reconfiguration. 4. Demolition or destruction of main building on site. B. General Regulations: 1. Parking spaces and drive aisle standards: a. Standard spaces must be at least 9' wide and 18' long. b. Parallel parking spaces must be at least 8' wide and 20' long. c. Drive aisles must be at least 20' wide. Exceptions for 1 -way drive aisle width may be granted between rows of angled, parallel, or mixed angled/parallel parking. 2. Office/professional is based on net leasable floor space — common areas, restrooms, etc. are excluded if the building/site includes a mixture of nonresidential uses the combined total of required spaces may be reduced to 75%. 3. No off-street parking allowed in front of main building. 4. As with requirements for automobile parking, secure bicycle parking shall also be provided. TABLE 1. PARKING AREA STANDARDS PARKING STANDARDS HIGHWAY CORRIDOR VILLAGE Setback and Frontage Primary Street Setback 30' min 10' min Side/Rear Street Setback 10' min 10' min Alley Setback 0' min 0' min Primary Street Width 33% maxi 25% max Side Street Width 50% max 25% max Screening and Landscaping Screening from Street See Landscaping Requirements See Landscaping Requirements Landscaping within Parking Areas See Landscaping Requirements See Landscaping Requirements Bicycle Parking Secure Bicycle Accommodations Required for patrons, employees; see table 2 Required for patrons, employees; see table 2 Driveways and Access Driveway Locations Permitted z Alley, 50' min from street; if no alley- rear street or shared driveway from side street Alley, 50' min from street; if no alley- single access on rear street, or shared on primary or side street Single Driveway Locations (may be Conditionally Permitted by Design Review Committee) Single driveway from side street; (ITD has authority for access to Yellowstone) Single driveway from side street preferred over primary street Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 13 1) For example, no more than 33% of highway frontage may be occupied by vehicular areas/parking. See Image 19.060-2: Side Setbacks and Frontage Width. 2) Off-street parking for residential uses shall not have individual access to, nor spaces/garages facing, a public street. C. Parking Requirements: The standards in Table 2, below, are reduced from requirements in other areas of the city, are intended to decrease chances that the Chubbuck Village area will be "over - parked," and the amount of land consumed by parking rather than active land uses and buildings. 1. Sites with permanent or long-term shared parking agreements are eligible for reduced parking requirements. Off-site non-residential parking is permitted per the following site standards: a. Must be within 800 feet and not across Yellowstone Avenue from site. b. Must be subject of long-term lease approval or permanently dedicated. 2. On -street parking stalls adjacent to a property may be included in the non-residential parking spaces requirement. One third of on -street parking stalls within 300' of a public building entrance (door or courtyard) or employee entrance may also be included in the parking requirement. 3. Where uses locate in Chubbuck Village which exceed the number of street parking stalls fronting the property, the city may require that monies be collected towards the creation of parking in a common parking area or garage in or near the district. 4. As with other areas of the City, the Chubbuck City Council may consider deviations in parking requirements on a project by project basis. TABLE 2. AUTO AND BICYCLE PARKING REQUIREMENTS Standards same in Highway Corridor and Village Zones LAND/BUILDING USE AUTOMOBILE SPACES BICYCLE SPACES' Residential Uses Apartments — Studio/1 bedroom 1 per unit No requirement for units with private storage or garage 1 per 10 units (minimum 2, maximum 12), no requirement for structures with <9 units Apartments — 2+ bedrooms 1 assigned per unit, .8 unassigned per unit Townhouses' 1 assigned per unit, .8 unassigned per unit Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 14 LAND/BUILDING USE AUTOMOBILE SPACES BICYCLE SPACES' Nonresidential Uses' Assembly (Arena, 1 per 5 fixed seats (bench seating 1 space per 2% of parking requirement Auditorium, Convention 30" = 1 seat), or for non -fixed (minimum 2) Space, Funeral Home, seating 1 per 100 net sf Worship) Example: 250 seat building = 50 parking (+ 1 per 500 sf for other on-site spaces + 2 bike spaces assembly -type uses, i.e. nursery school, classroom) Dining, taverns, night clubs .5 per seat Dining 1 per 10,000 sf (minimum 2) Taverns and nightclubs 0 required Hospital/Treatment Center .5 per bed, incl post op, 1 per 20,000 sf floor area (minimum 2) outpatient, etc. Library, Museum, Gallery 1/500 net sf 1 per 10,000 net sf (minimum 2) Lodging 1 per room, plus 1 for each 50 Lodging n/a rooms or fraction thereof Accessory uses such as 50% of normal requirement for other uses convention / restaurant add 50% required per specific land use Office (incl Govt), all other 1 per 300 net sf (leasable), upper 1 per 10,000 net sf (minimum 2) Commercial Services floors 1 per 400 net sf Other Recreational or TBD TBD entertainment uses Retail 1 per 350 net sf 1 per 10,000 sf (minimum 2) 1) Based on recommendations by the Association of Pedestrian and Bicycle Professionals for bicycle parking guidelines. 2) Townhouses must face the street and be alley or rear loaded (with all vehicle access, parking/garages in rear). 3) Nonresidential requirements: a. May be reduced for parking shared between multiples uses or businesses with different hours of peak demand. b. For uses not identified, follow requirements per Chapter 18.08.046. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 15 18.19.100: Signage Standards A. Purpose: Signage Standards for the Highway Corridor and Village Zones strengthen the economic and aesthetic appeal of the area through elevating sign standards and regulations. The visual quality, appropriate scale, and effective display of signs contribute to the identity, brand, and atmosphere of zones. Specifically: 1. Provide the public, property owners, and businesses an opportunity for safe and effective means of communication, reducing visual distractions and obstructive views from potentially creating safety hazards for motorists, pedestrians, and bicyclists. 2. Coordinate the location and type of signage with existing and proposed street frontage landscaping in a manner that that contributes to the character and economic health of the zones and individual projects and investments, and enhances the aesthetic quality of the area. Provide clear and understandable regulations that enable the fair and consistent enforcement of these standards. B. General Standards and Requirements: New or Reconstructed Signs. All new signs and structural improvements to existing signs shall comply with these regulations. 2. Change in Use for Single Business Signage. For signage serving one business, whenever the existing use is changed to a new use requiring any change of signage content or face, the new sign, face, and content shall comply with these regulations. Sign area. The sign area shall be measured from the outside edge of the sign face. a. The area of a sign consisting of two sides shall be computed by adding together the total area(s) of both sides. b. The total area of a sign with more than two faces shall be calculated using the area of the largest 2 faces. c. The total area of a 3-dimensional sign structure shall be calculated by measuring the profile of the sign as 1 side and doubling the figure to calculate the total area. d. See table for specific requirements. 4. Prohibited signs. The following sign types are prohibited in the Highway Corridor and Village Zones: a. Off -premise signs. b. External Temporary signs other than A-Frame/Sandwich Board signs. c. Signs with moving, spinning, animated, or flashing parts, including wind -driven signs and running lights. d. Electronic message displays, electronic reader boards, and video displays. e. Inflated or balloon signs. f. Billboards are prohibited throughout the city. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 16 C. Signs Requirements by Type and Zone: Various sign types and sizes are allowed in the Highway Corridor and Village Zones, depending on the zone and building facade. Sign Standards by Type and Zone See Image 10-1: Sign Types P=Permitted N=Not Permitted SIGN TYPE HIGHWAY CORRIDOR VILLAGE Awning' P P May extend into City ROW per Building Frontage Standards in 18.19.60: Design and Frontage Canopy',' P P May extend into City ROW per Building Frontage Standards in 18.19.60: Design and Frontage Hanging' P — max 12 sf P— max 12 sf Maintain clear height at least 10' above sidewalk, may extend 3' into City ROW; if beneath awning maintain 8' clearance Monolith z P P Must have solid base Max height 25', Max width 6' Max height 12', width 4' Monumentz P P Must have solid base Max height 6', Max width 12' Max height 5', Max width 8' Pole N N Projecting P— max 12 sf P— Max 6 sf Maintain clear height at least 10' above sidewalk, may extend 3' into City ROW; if beneath awning maintain 8' clearance Pylon P N Each leg must be at least 2' wide Max height 25', Max width 8' Separation min 250' Site Directional/Directory P P Max height 3' Max height 3' Roof P N Maximum 1 sign per building Max 1 sf per linear foot of facade Temporary A-frame/Sandwich Boards P P Wall Signs' P P May not extend above parapet Window Sign S4 P P 1) Of this group of signs (awning, canopy, hanging, projecting, wall) no more than 3 signs allowed per street frontage; total sign area allowed per building, or establishment with exterior entrance, is 1 sf per linear feet of frontage or 24 sf, whichever is greater. a. Total of all signs on multi -tenant building frontage shall not exceed 100 sf. b. Hanging or projecting signs under a canopy or awning are limited to 3 square feet per business entrance. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 17 2) Changeable copy may be incorporated into a canopy, monolith, or monument sign, up to a maximum of 20% of the sign area but not to exceed 6 sf. Changeable copy includes only single -color static digital displays. Full-color displays or reader boards are not allowed. 3) Temporary signs. A-Frame/Sandwich Board signs are allowed on sidewalks but must not restrict the flow and safety of any mode of traffic and must be removed daily. Limit of 1 sign per retail/restaurant establishment, max height 3'. 4) Permanent and semi-permanent window signs such as lettering, etching, or open/closed signs need no permit if they do not exceed 10% of the glass area of the window and do not obstruct the required view of depth to 15 feet from the sidewalk. Temporary window signs may occupy an additional 10% of the window area and shall meet the same standards for permanent and non -permanent signs. D. Nonconforming Signs: Permanent signs existing at the time of this code adoption shall be allowed to remain in their current form and function however: 1. Nonconforming signs shall not be enlarged, expanded, extended, nor shall any additional sign be added to the support structure of a nonconforming sign. Permanent and temporary attachments, including banners, may not be attached to the sign. Any proposed alteration shall be made only for bringing the entire sign into conformity. 2. General repairs, maintenance, and change to a sign face or advertising copy that does not include replacing a static sign with an electronic message display (EMD) are not considered alterations. 3. A sign that is removed for public purposes such as for utilities or street expansion or repair, may be replaced, and may be placed in an appropriate location as provided by the City, provided there is no increase in the height or size of the sign. Any other nonconforming element of the sign must be brought into conformance. A nonconforming sign that is voluntarily replaced shall be replaced with a conforming sign. 4. If more than 50% of a nonconforming sign is damaged by any means, as measured by total replacement cost of both the sign and structure prior to such destruction, it shall be considered destroyed and shall not be brought back into service or use except in conformity with the provisions of this section. Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 18 I Roof 6 Wall Window Image 10-1: Sign Types Awning F 4 Business a Enter Business ¢ Exit Site Directional Site Directional A -Frame/ (Directory) (TrofcDirections) Sandwich Board Roof Wall Window Projecting Monolith Monument m v � o Projecting I ' � Projecting lFlnnn;nn t�rt„� _ __1 . 3 ". !Bfade Sienl sign) Proposed Chapter 18.19 Chubbuck Village Criteria 4/12/22 — Exhibit 1.13 — Page 19 u buck Rd !L] ve Farris Tes urns, a v E Chubbuck Rd --I---- _ I_ '— g — o Villae (V) L - _ _ l 1- _-C 1 enAv-e =---- -0— I 0 -A / I U I I — II m F--- �_ I I --F-. ------ i ��i'//� I —Eiarrstn —-------- r----- —r' F------ ®®® EI 1 TT -- � P i It General Commercial (C-2) Raven Way Westbound 1-86 Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 2 - Page 1 Chubbuck Downtown Highway Corridor (HC) Boundary Description A parcel of land located in the in Northeast 1/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as follows: Commencing at the North 1/4 Corner of said Section 10, being marked by a brass cap monument inside a survey vault, said point being the POINT OF BEGINNING; Thence South 89°29'02" East, along the North line of said Section 10, a distance of 329.83 feet; Thence South 00°30'58" West, a distance of 34.00 feet, to the northeast corner of Rite Aid / Keybank Commercial Subdivision; Thence South 00°04'36" West, along the easterly boundary line of Rite Aid / Keybank Commercial Subdivision, a distance of 436.63 feet to a point on the southerly boundary line of Lot 3, Bonniebrae Acres Subdivision; Thence South 82°01'08" East, along said southerly boundary line, a distance of 88.26 feet to the northeast corner of a parcel of land described in Deed Instrument No. 20212165; Thence South 00°03'49" West, along the easterly boundary line of said parcel, a distance of 196.00 feet, to the southeast corner of said parcel; Thence North 89°27'34" West, along the southerly boundary line of said parcel, a distance of 246.38 feet, to the northwest corner of a parcel of land described in Deed Instrument No. 21307566; Thence South 00°03'49" West, along the westerly boundary line of said parcel, a distance of 274.35 feet, to a point on the southerly right of way line of Linden Avenue; Thence South 89°31'17" East, along said southerly right of way line, a distance of 55.77 feet to the northwest corner Lot 1, Block 1, of SGK Subdivision; Thence South 00°01'51" West, along the easterly boundary line of said subdivision, a distance of 202.39 feet, to the southeast corner of said subdivision; Thence continuing South 00°01'51" East, along the easterly boundary line of a parcel of land described in Deed Instrument No. 20500396, a distance of 80.13 feet, to the a point on the northerly boundary line of Chubbuck Maverik Subdivision; Thence South 89°20'58" East, along said northerly boundary line, a distance of 2.81 feet, to the northeast corner of said subdivision; Thence in a southerly direction along the easterly boundary line of said subdivision for the next (3) three courses: 1. South 00°04'02" West a distance of 88.00 feet; 2. South 89°20'58" East a distance of 6.29 feet; Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 2 - Page 2 3. South 00°39'02" West a distance of 200.00 feet, to the southeast corner of said subdivision; Thence South 38°33'38" West a distance of 52.36 feet, to the northeast corner of a parcel of land described in Deed Instrument No. 21413131; Thence South 00°02'08" West, along the easterly boundary line of said parcel, a distance of 95.28 feet, to a point on the northerly boundary line of King Center 1st Addition Subdivision; Thence South 89°22'55" East, along the northerly boundary line of said Subdivision, a distance of 32.00 feet, to the northeast corner of Lot 2, Block 1, of King Center 1st Addition Subdivision; Thence South 00°03'27" West, along the easterly boundary line of said Lot 2, a distance of 98.04 feet, to a point on the northerly boundary line of Lot 1, Block 1, of said subdivision; Thence South 88°47'18" East, along the northerly boundary line of said Lot 1, a distance of 22.00 feet, to the northeast corner of said Lot 1; Thence South 00°02'08" West, along the easterly boundary line of said Lot 1, a distance of 150.01 feet, to a point on the northerly bound arx, lino of \A/hitowntor Kin 1 Ci ihrlivicinn- Thenne Nafth OU'22'22" East. along said meridional centerline, a distance of 2438.45 fee[ m the POINT Thence South 88°47'18" East, along OF BEGINNING; feet, to the northeast corner of said subdivision; Thence North 88°43'19" East a distance of 50.24 feet, to a point on the easterly right of way line of Central Way; Thence in a southerly direction along the easterly right of way line of Central Way for the next (6) six courses: 1. South 01°16'41" East a distance of 262.36 feet; 2. South 00°00'35" West a distance of 49.99 feet; 3. North 89°19'23" West a distance of 0.84 feet; 4. South 00°03'51" West a distance of 227.30 feet, to a point of tangency with a 25.00 foot radius curve whose center bears South 89°56'09" East; 5. Following said curve to the left through a central angle of 75°25'27" an arc length of 32.91 feet, (The chord of said curve bears South 37°38'52" East a distance of 30.58 feet) to a point of tangency with a 55.00 foot radius reverse curve whose center bears South 14°38'24" West; 6. Following said reverse curve to the right through a central angle of 95°41'02" an arc length of 91.85 feet, (The chord of said curve bears South 27°31'05" East a distance of 81.54 feet) to a point on the northerly right of way line of Interstate 86; Thence in a westerly direction along the northerly right of way line of Interstate 86 for the next (4) four courses: 1. North 76°34'23" West a distance of 109.95 feet; 2. South 00°03'14" East a distance of 43.84 feet; 3. North 68°44'53" West a distance of 348.91 feet; 4. North 89°08'33" West a distance of 70.16 feet, to a point on the meridional centerline of Section 10, Township 6 South, Range 34 East, Boise Meridian; Thence N*FtFh 0O'22'22" Ease, along said meridional centerline, a distance of 2435-45 feet to the POINT OF BEGINNING; Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 2 - Page 3 Chubbuck Downtown Village (V) Boundary Description A parcel of land located in the in Northeast 1/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, described as follows: Commencing at the North 1/4 Corner of said Section 10, being marked by a brass cap monument inside a survey vault; Thence South 89°29'02" East, along the North line of said Section 10, a distance of 329.83 feet to the POINT OF BEGINNING; Thence South 00°30'58" West, a distance of 34.00 feet, to the northeast corner of Rite Aid / Keybank Commercial Subdivision; Thence South 00°04'36" West, along the easterly boundary line of Rite Aid / Keybank Commercial Subdivision, a distance of 436.63 feet to a point on the southerly boundary line of Lot 3, Bonniebrae Acres Subdivision; Thence South 82°01'08" East, along said southerly boundary line, a distance of 88.26 feet to the northeast corner of a parcel of land described in Deed Instrument No. 20212165; Thence South 00°03'49" West, along the easterly boundary line of said parcel, a distance of 196.00 feet, to the southeast corner of said parcel; Thence North 89°27'34" West, along the southerly boundary line of said parcel, a distance of 246.38 feet, to the northwest corner of a parcel of land described in Deed Instrument No. 21307566; Thence South 00°03'49" West, along the westerly boundary line of said parcel, a distance of 274.35 feet, to a point on the southerly right of way line of Linden Avenue; Thence South 89°31'17" East, along said southerly right of way line, a distance of 55.77 feet to the northwest corner Lot 1, Block 1, of SGK Subdivision; Thence South 00°01'51" West, along the easterly boundary line of said subdivision, a distance of 202.39 feet, to the southeast corner of said subdivision; Thence continuing South 00°01'51" East, along the easterly boundary line of a parcel of land described in Deed Instrument No. 20500396, a distance of 80.13 feet, to the a point on the northerly boundary line of Chubbuck Maverik Subdivision; Thence South 89°20'58" East, along said northerly boundary line, a distance of 2.81 feet, to the northeast corner of said subdivision; Thence in a southerly direction along the easterly boundary line of said subdivision for the next (3) three courses: 1. South 00°04'02" West a distance of 88.00 feet; Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 2 - Page 4 2. South 89°20'58" East a distance of 6.29 feet; 3. South 00°39'02" West a distance of 200.00 feet, to the southeast corner of said subdivision; Thence South 38°33'38" West a distance of 52.36 feet, to the northeast corner of a parcel of land described in Deed Instrument No. 21413131; Thence South 00°02'08" West, along the easterly boundary line of said parcel, a distance of 95.28 feet, to a point on the northerly boundary line of King Center 1st Addition Subdivision; Thence South 89°22'55" East, along the northerly boundary line of said Subdivision, a distance of 32.00 feet, to the northeast corner of Lot 2, Block 1, of King Center 1st Addition Subdivision; Thence South 00°03'27" West, along the easterly boundary line of said Lot 2, a distance of 98.04 feet, to a point on the northerly boundary line of Lot 1, Block 1, of said subdivision; Thence South 88°47'18" East, along the northerly boundary line of said Lot 1, a distance of 22.00 feet, to the northeast corner of said Lot 1; Thence South 00°02'08" West, along the easterly boundary line of said Lot 1, a distance of 150.01 feet, to a point on the northerly boundary line of Whitewater No. 1 Subdivision; Thence South 88°47'18" East, along the northerly boundary line of said subdivision, a distance of 122.10 feet, to the northeast corner of said subdivision; Thence North 88°43'19" East a distance of 50.24 feet, to a point on the easterly right of way line of Central Way; Thence North 01°16'41" West, along said easterly right of way line, a distance of 319.58 feet; Thence North 44°32'44" East, a distance of 28.69 feet to a point on the southerly right of way line of Evans Lane; Thence in an easterly direction along the southerly right of way line of Evans Lane for the next (5) five courses: 1. South 89°37'52" East, a distance of 407.82 feet; 2. South 89°37'00" East, a distance of 33.77 feet, to a point of tangency with a 325.00 foot radius curve whose center bears North 00°23'00" East; 3. Following said curve to the left through a central angle of 07°40'52", an arc length of 43.57 feet, (The chord of said curve bears North 86°32'32" East a distance of 43.54 feet) to a point of tangency with 275.00 foot radius reverse curve whose center bears South 07°17'52" East; 4. Following said reverse curve to the right through a central angle of 07°53'59", an arc length of 37.92 feet, (The chord of said reverse curve bears North 86°39'08" East a distance of 37.89 feet); 5. South 89°23'53" East, tangent to the last described curve, a distance of 355.19 feet; Thence South 44°21'17" East a distance of 26.20 feet, to a point on the westerly right of way line of Burley Drive; Thence South 00°04'34" East, along said westerly right of way line, a distance of 58.15 feet; Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 2 - Page 5 Thence North 89°55'26" East, a distance of 50.00 feet, to the southwest corner of Willie's Storage Subdivision. Thence South 89°22'04" East, along the southerly boundary line of said subdivision, a distance of 398.14 feet to the southeast corner of said subdivision; Thence in a northerly direction along the westerly right of way line of Union Pacific Railroad for the next (3) three courses: 1. North 08°12'23" West, a distance of 492.04 feet to a point of tangency with a 5779.58 foot radius curve whose center bears North 81°47'37" East; 2. Following said curve to the right through a central angle of 07°00'32", an arc length of 707.01 feet, (The chord of said curve bears North 04°42'07" West a distance of 706.56 feet); 3. North 01°11'51" West, a distance of 448.60 feet to a point on the north line of Section 10, Township 6 South, Range 34 East, Boise Meridian; Thence North 89°29'02" West, along said north line, a distance of 1315.52 feet, to the POINT OF BEGINNING; Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 2 - Page 6 EXHIBIT 3: PROPOSED ADDITIONS CHAPTER 18.06 DEFINITIONS SECTION: 18.06.420: Zoning„ Form -Based: A form of zoning focusing less on land uses and classifications, instead regulating the design of the site, building, and mass of the structures. The goal of form - based codes is to create or preserve the character of the district by regulating design of the site, building, and mass of the structures, and foster an exceptional pedestrian environment among a mixture of land and building uses. 18.60.430: Zoning, Traditional Euclidian Zoning: Traditional or Euclidian Zoningis s a system of land use controls through use classifications and basic development standards such as height, setbacks, and density. Each parcel is placed within a district or zone that is differentiated with a list of land uses allowed or not allowed. Typically, one singular use is allowed per parcel and the code separates uses in different districts from each other. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 3 EXHIBIT 4: PROPOSED ADDITIONS CHAPTER 18.08 LAND USE DISTRICTS AND GENERAL CONTROLS SECTION: 18.08.040: SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS TABLE HEADING: Land Uses Land Use Districts4 A R-1 R-2 I R-3 I R-4 I C-1 I C-2 I NOTES: A temporary deviation from this schedule may be permitted by the Design Review Committee for a period not exceeding 36 months. 1. Permitted unless objections by any person as set forth in section 18.12.032 of this title, in which case the matter is treated as a conditional use permit. 2. Permitted unless objections by any person as set forth in section 18.10.070 of this title, in which case the matter is treated as a conditional use permit. 3. The schedule for R-2 shall apply to an R -2P Zone. 4. For permitted, conditionally permitted, and not permitted uses in other zones see the appropriate chapter, 18.19: Chubbuck Village Criteria, 18.20: Planned Unit Developments, or 18.21: Creative Communities. SECTION: 18.08.042: SCHEDULE OF GENERAL CONTROLS; REGULATIONS A. Height And Area Regulations: Notes: 1. Minimum total setback is indicated on left; minimum setback for a side yard is indicated on right. In addition, the setback for at least 1 of the side yards shall be a distance of no less than 9 feet. 2 For height and area regulations in other zones see the appropriate chapter, 18.19: Chubbuck Village Criteria, 18.20: Planned Unit Developments, or 18.21: Creative Communities. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 4 — Page 1 EXHIBIT 4: PROPOSED ADDITIONS CHAPTER 18.08 LAND USE DISTRICTS AND GENERAL CONTROLS SECTION: 18.08.046: SCHEDULE OF GENERAL CONTROLS; OFF STREET PARKING REQUIREMENTS B. Adjusted Requirements in Certain Districts: For off-street parking requirements specific to certain districts see the appropriate chapter: 18.19: Chubbuck Village Criteria, 18.20: Planned Unit Developments, or 18.21: Creative Communities. Proposed Chapter 18.19 Chubbuck Village Criteria: Exhibit 4 — Page 2 April 5, 2022 Dear Planning and Zoning Staff and Commission members and City of Chubbuck Council Members, I recognize the powers that be are trying to create a plan that walks us into the future. All planning people are educated since the 1990's that a walkable community is what is desired. I will never forget going to the supreme example called Daybreak in Salt Lake in the early 2000's that was supposed to be the prime example of a walkable neighborhood. No garages out front. Business and Apartments in the same building. No front facing garages. If you go down there today nearly 20 years later it is still trying to build out its promises. Even during the biggest real estate boom I can remember and I am old. The staff says that they took a survey and the response was people want a walkable community. I would like to ask how many people responded. This is Idaho, we do have winter and if the reality of a walkable community was such a grand idea why does not Old Town in Pocatello thrive? If only a few hundred people responded to the survey and there are roughly 15,000 people in the community how valuable is the survey? If a walkable shopping district is the desire why does the Mall struggle to keep tenants? That is an all season walking experience. Perhaps people simply do not shop all that much at a physical store anymore. So in response to the city's desires these are my personal thoughts. I am writing in regards to the City's plan to create two new zoning areas. This would impact my business at 4604 and 4563 Burley Dr. I have been made many promises by the City of Chubbuck over the last 30 years and would hope they would honor what they promised. 1- 30 years ago when we purchased this property we were told that the City wanted this area to be for Commercial and Light industrial businesses. 2- 30 years ago we were told we could not have parking in front of our building but we must allow access behind our building so we redrew the plans and pulled the main building out to the street like the city required. 3- 30 years ago we were required to put in city sidewalk and curb and gutter even though at that time there was a gravel shoulder and no one else had curb gutter and sidewalk on the rest of the street. 4- Four years ago we applied to build additional units on the west side of the street and our permit was delayed for nearly 2 years because the city was contemplating what they would allow. We were given the permit, finally and those buildings are about 2 years old now. Now we are being told we will become what you are calling Village Zoning. There are currently on the East side of Burley Dr. One Auto Body shop, Three separate self -storage businesses and Four single family homes. None of which are allowed in Village Zoning. Idaho Central has been exempted out and is allowed to continue as a Commercial Zoning on both sides of Burley Dr. On the West side of the street there is a construction company that stores equipment and concrete forms, a self -storage business and a veterinary clinic that boards animals. That already exists there. None of these would be allowed under the new Zoning. All of these businesses have helped to clean up and build the city of Chubbuck. All of these businesses depended on the City to stand by their word. While I appreciate all of the efforts the Planning and Zoning staff has made to allow these businesses to exist in their continued state I fail to see why there is a need to change the zoning at all for existing businesses when none of the existing businesses comply with what is proposed. Common sense would tell you to leave at least the east side of Burley Dr as it now stands. The new changes since the last planning and zoning only apply to the east side of the street and do not deal with the west side between Evans and Lindon that have all non -complying businesses. I recognize the powers that be are trying to create a plan that walks us into the future. All planning people are educated since the 1990's that a walkable community is what is desired. It is unjust and unfair to constantly move the goal post, as it were, as to how you are allowed to do business in the City of Chubbuck. I would suggest that just as Idaho Central was allowed to remain in the Commercial zoning that the East side of Burley Dr. should also remain in Commercial zoning as we have been promised for many years. I would also propose that the West Side of Burley Dr between Evans and Linden be allowed to remain in the Commercial Zone. They are contiguous with what was promised and with what the zoning is for Idaho Central and do not required a page of exemptions to be allowed. This is the honorable thing to do. This is what a city does to show respect for the businesses that have helped to build it into what it is. Thank You Tari and Conway Jensen 4604 and 4563 Burley Dr. Chubbuck, Idaho 83202 208 2419300, 208 244 9300 schomes@msn.com 5 April 2022 To: The Chubbuck City Council & Planning and Zoning Committee My wife and I have owned a business in Chubbuck for over 45 years. You could say that we were one of the pioneers as we built the McKee's Feed, Garden and Pet Center long before there was a Pine Ridge Mall, Wal Mart or any busy business along Yellowstone like we see today. We raised ten children and 47 foster children in our home on Evans Lane. We invested in property around us over the years and at one time owned 13 acres of the 17 acres that now are subject to being zoned as "Chubbuck Village" by the Chubbuck Development Authority. We have watched development take place in Chubbuck and love to be involved with commercial as well as residential development in Chubbuck. We love Chubbuck. We made a choice four years ago because of health and life changes to sell five acres to the City of Chubbuck. We did not know anything about the Chubbuck Development Authority and discovered later that we were actually selling to the CDA not the City of Chubbuck. Our property was sold to the CDA for a fraction of what it will be sold for today. We sold our property over a four-year period with payments made to us with no interest, while we were able to keep our rental money for properties sold until the final payment was made. We would also have the right to salvage anything from the property up to 6 months after the final payment. In March of 20211 received a phone call from Devin Hillam informing me that part of our property was going to be taken by the CDA and needed to be vacated by September. We had been informed that a final payment would not be made until November of 2021 and I explained that renters had been informed that they would not need to move until December of 2021. Mr. Hillam made a verbal commitment to that. I had just been diagnosed with cancer and had to be out of the state for cancer treatment for several months in 2021. Much to my surprise, I started receiving texts, phone calls and official letters from an attorney stating that our property would have to be vacated by September of 2021 with no six-month period of salvage rights. Needless to say, I was shocked as we had arranged, because of changes in real estate prices, to have three of the rental homes moved to other locations and allow our renters to keep renting the houses. This option was denied to us, and we were threatened that if we did not vacate by September, the rent money from our renters would be paid to the CDA. Ultimately, we were not able to get into our rental homes and even kitchen appliances were demolished and destroyed with all household items. Keep in mind that all of this correspondence was happening without a final payment being made. We were never offered a face to face meeting with the CDA. We were only given official letters from an attorney. I share this experience only to bring to your attention the power that the CDA had over us and our commercial property. It was not a positive experience, nor did it create any level of trust or team building. We watched homes that we had arranged to move be totally defaced with graffiti and demolished into piles of rubble all wasted to the landfill when they could have provided housing for someone at a separate location. Moving these homes would have been a positive financial direction for us, a continued home for the renter and a money saver for the CDA as demolishing them was costly. To destroy them in our economy made no sense. Every established tree on these five acres was completely destroyed as well, which makes no sense for an area that has a park -like future. Some of those trees were over 75 years old. Now we as business people are being presented with the passage of the "Chubbuck Village" district. The first words from Mr. Hillam in the recent planning and zoning meeting is that this would give the CDA "the control to" ...... As I explained in the Planning and Zoning meeting, no business person wants to be controlled or told what they can and cannot do with their property. My wife and I have worked a lifetime and have invested our life savings into the property that we now own at 265 East Chubbuck Road. This property now lies within the "Chubbuck Village" proposal. We own a 9000 square foot building which employs over 50 people. Most of these jobs are career jobs. Center Counseling is the largest counseling agency in the State of Idaho. This building serves tens of thousands of people in the Pocatello and surrounding areas. According to the long-term plan of the CDA, this building will not exist in the future plan. I was reassured that this would not happen in my lifetime but what about future generations? Will my children be able to sell this building, or will it end up in a pile of rubble as well? At present there is a planned road through the side of my million -dollar investment building. We have long term plan for a medical plaza that would match our business and be built on the property that we just invested in. According to the CDA we would not be able to get a building permit to build anything that does not fit in with their future plan. I would hope at this time that this plan would not be approved without involving local businesses and property owners within this district in the planning. I had assumed that I had been left out because of my cancer treatment and being out of town but recently found out in the planning and zoning meeting that all businesses in this area were blindsided by this "Chubbuck Village" proposal. Other businesses were just as surprised as I to find out about all of these proposed restrictions on this 17 -acre property. Has there been any effort at all in involving local business people and their input to the CDA? It is quite easy to look at a map and define what you will do with someone else's property. I would hope that the CDA would invite input from businesses that are in this area and not make decisions for us. This plan needs to be more inclusive and not exclusive of local business. After all it is our future, not just the future of a downtown plan. Please do not let this pass without input from all of us and without us understanding really what this plan will entail. A 75 -page document is pretty confusing and complicated. As stated before, meeting with individuals one on one or as a group is much better than receiving letters from an attorney. My hope is that this can be set up in a way that works as a win /win for everyone involved and not just for the CDA. To slip this by us without understanding what the future would entail would be damaging for the City of Chubbuck. After all, we business owners are the heart of the City of Chubbuck. Please listen to our voice. William and RaNae McKee /6470-t-\ CHUBBUCK 1 0 0 H 0 Memo To: Honorable Mayor & City Council Community Services Department 290 E Linden Ave., Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us From: Devin Hillam, Community Services & Economic Development Director Date: April 6, 2022 Re: Response to Bill Mckee's letter dated 4/5/22 On 4/5/22, the Council received a letter from Bill Mckee wherein he referenced my name several times, and his version of interactions that he and I have had both in relation to a property purchase between the CDA and himself, and at a Land Use and Development Commission public hearing in March 2022. 1 wish to correct and clarify statements that I feel are attempts to obfuscate the issues and facts, deliberate or not. • In September 2018, the CDA purchased property from Bill and Jared Mckee after the properties were listed on the open market, and the purchase was made willingly by both parties. In 2018, by approving the terms, Mckees accepted the CDA's offer and terms as a good deal. The buyer listed in the Purchase Sale Agreement is the "Chubbuck Development Authority". Because the CDA could not cashflow the immediate purchase outright, a purchase and sale agreement was created with terms unique to the acquisition: o $1,100,000 purchase price; ■ $400,000 due at closing and escrow ■ Of the remaining $700,000 due, CDA and Mckee agreed that CDA was to pay no less than $150,000 annually on the anniversary of the closing date until 12/31/22, when the entire amount was due. o Mckees retained use of the properties under terms set in section 2.4 of the agreement: ■ For all of the properties except 140 Evans (former brick house next to Mckee's Pet Store, once the CDA paid $800,000, the CDA would give Mckees 180 days' notice to vacate the buildings. No salvage rights were listed for those properties. • In November 2020, the CDA had paid $850,000 of the note but notice was not provided in writing to Mckee until February 12, 2021 and so, in accordance with the agreement, a date was given for August 11, 2021 as 1 the day in which under the terms of the agreement, the CDA was to take possession of vacated buildings. o The buildings were not vacated by that date. • In a discussion that I had with Mr. Mckee in February 2021, he said that he had told the tenants that they could stay through the end of 2021, despite the agreement clearly stating otherwise that it wasn't his decision and in fact, the houses were required to be vacated. In my February letter to Mckee, I informed him that allowing the tenants to stay until the end of the year wasn't my choice and I told him that if he would like, he could make that request to the CDA to review and decide. Mr. Mckee never requested a meeting with the CDA. ■ For 140 Evans, once the note was paid in full, the seller would have 180 days to vacate and at the CDA's discretion, the seller could have 240 days of salvage rights. ■ Ahead of schedule, the CDA paid the note in full in November 2021. o Because the properties purchased by the CDA had existing loans on them between Mckees and their lenders, section 4.5 required the Mckees to submit regular notices to the CDA affirming that their loans were being paid off. Mckees never provided such information the CDA and the CDA had to verify that its properties were unencumbered through a separate title company. • In May/June of 2021, a city employee aware of the CDA's ownership of the properties and houses purchased from Mckee was made aware that Mckee had listed the residential structures for sale to parties interested in relocating them. I contacted Jim Woodland, Mckee's real estate agent, to inform him that the buildings and land belonged to the CDA and that Mckee could not sell them. Jim asked if the CDA would be open to another arrangement wherein the CDA could allow the buildings to be relocated and the CDA's legal counsel, chair, and I, after consulting with Elam and Burke, began drafting a resolution that could permit the sell of the CDA's surplus personal property in accordance with requirements of Idaho Code for a public agency. The resolution was adopted in July 2021 and I informed Jim Woodland, who was working on behalf of Bill, that we had a path forward that could allow disposal of the CDA's personal property. In accordance with Idaho Code, the CDA would need to advertise public sale of the structures and would need to sell to the highest bidder. If not bids were received, the CDA could dispose of the structures in any manner to maximize its financial return. • From August through November 2021, Woodland and Mckee sought structural movers quotes and timelines, with none found which could remove the structures by early 2022. With the urban renewal district closing at the end of 2023, the CDA had urgency to deal with the issues rapidly so 2 that the properties could be cleaned up and readied for RFP and disposal by the end of the life of the district. In November 2022, Jim Woodland informed me that they couldn't find anyone to relocate the buildings and that the CDA should move forward with its plans. Because Mckee still had unauthorized renters in homes, Woodland said that he'd talk to Bill Mckee to see if in exchange for Bill violating the terms of the agreement and keep rents beyond August 2021, if he'd be open to an amended agreement wherein Bill could keep the rents, keep tenants in the buildings through the end of the year, and in exchange, agree to vacate the commercial building at 140 Evans and waive salvage rights. • Mr. Woodland informed me shortly thereafter that Mckee had agreed to the solution and at the CDA meeting in November, the board authorized their attorney to draft an addendum to the purchase sale agreement that solidified the terms. On 12/9/21, the draft PSA was provided to Woodland for Mckee's signature and after hearing nothing, it was provided again via email on 1/18/22. By 1/26/22, there had still been no communication from Mckees regarding the signature of the PSA or about the status of the properties and I sent Bill an email on 1/26/22 inquiring about the status, asking for their signatures, and stating that I noticed there were still tenants at one of the properties. • On February 2, 2022, after not receiving any keys to buildings and not having a signed amended purchase sale agreement, the CDA's attorney sent a letter to Mckees asking for their signature and cooperation and on 2/23/22, 1 received notice from CDA's legal counsel that Mckees had sighed the amended PSA. • Following receipt of that information, I worked to coordinate asbestos testing of the structures and to work with the City to schedule demolitions and site cleanup. • Regarding the downtown code and comprehensive plan, Bill claims that no opportunities for input from landowners in the area was given, nor has staff listened to landowners. As the council is aware, a moratorium on development and building applications was adopted on October 20, 2021, giving the City 182 days to create and adopt codes and standards which would alleviate concerns in the downtown area. From that date on, city staff and I worked furiously to research best practices for downtown spaces based on numerous cities from across the country and from December 2021 through February 2021, staff worked with the Land Use and Development Commission to solidify a draft plan that the commission and staff would find agreeable as a plan and code for the downtown area. Every detail of the plan and code were discussed in study sessions, and the commission provided specific input about where future road locations should be to create short blocks on Chubbuck Road. Once the Commission was comfortable with the draft plan and code, they authorized a public hearing in March to review comments from the public. 3 • In March 2022, public hearings were held on both the draft plan and code. Numerous comments were received, and the plan was unanimously recommended for approval and the code was found to be needing some changes based on the input received at the hearing. Following the hearing, the comprehensive plan amendment proposal was scheduled with the city council at the draft code for the area was revised based on feedback and concerns, and it scheduled for another public hearing with the Land Use and Development Commission on 4/12/22. o In his letter, Bill Mckee said reference a statement that I made about CDA controlling land uses. Mr. Mckee failed to discuss the context of that statement and seemingly made it appear as though the CDA intends to control all of the land uses in the designated downtown area. This is disingenuous since the rest of my statement was speaking to the reasons why the CDA acquired the property in 2018- with the vision for the downtown plan set in 2018, the land was on the market and given its location and size, if another entity purchased the land, the downtown vision could fail from the beginning. The CDA purchased the property to be able, as the landowner, to control the land uses until such time that a downtown plan was in effect and it could develop accordingly. o Mr. Mckee takes issues with a future road designation being shown on the comprehensive plan map for the area as going next to his current commercial building on Chubbuck Road. As we convey repeatedly when discussing the comprehensive plan, and as we informed the public at the meeting, the plan must choose to put lines on maps but the specific locations of future roads is not certain for the exact location shown on the map, nor is the timeline for when that road will be built made clear. Roads in the city are typically extended by property owners as their properties develop or redevelop and that remains true for Mr. Mckee's property on Chubbuck Road- he claims that the road will force the demolition of the commercial building which is not true since there is sufficient room between that building and the gym next door for the road and right-of-way and in terms of timeline, if the site never redevelops, outside of a currently unplanned purchase by a government agency to build the road, the road may in fact not get built for decades to come. o Mr. Mckee takes issue about the plan and code forcing him out which could not be further from the truth as staff testified in the meeting and as will be evident in the zoning code for the area. We are very cognizant that existing businesses and residents are in the future downtown area and have taken great steps in the draft code to provide ways whereby they can expand their businesses and operations without needing to meet the full requirements of the code that would apply to a new building. The proposed code regarding modifications to existing buildings is as follows (as amended based on feedback provided at the public hearing in March 2022): 4 ■ Structures currently existing at the time of this code adoption shall be allowed to remain in their current form and function, however: • 7) Rehabilitations such as re -roofing, replacing windows, etc. which do not affect the external dimensions of the structure or make changes to the exterior of the building do not require compliance with the design and frontage standards of this chapter. • 2) Rehabilitation plans which do not affect the external dimensions of the structure but that replace the siding, cladding, or other non-structural facades visible from the existing public realm, or from a planned public realm such as a future street or pedestrian corridor, must be presented by the building owner for approval by the design review committee demonstrating that the project will meet as many of the design and frontage standards of this chapter as are feasible. • 3) Horizontal and/or vertical additions to existing buildings require that the addition be constructed to meet the design standards of this chapter. If the value of the new addition will exceed the value of the existing building, as determined by a professional appraiser, county assessor, or other party as accepted by the applicant and design review committee, the entire building shall be brought into compliance with the design standards of this Chapter. The building owner must present plans for approval by the design review committee demonstrating that the fagades of the existing building will meet as many of the design and frontage standards of this chapter as are feasible. • 4) Additions to existing structures or expansion of businesses on parcels abutting the railroad right-of-way are exempt from the design and frontage standards of this chapter if they are not clearly visible from the adjacent sidewalk on Burley Dr. Alternatively, if such an addition or expansion would otherwise be visible from the adjacent sidewalk, improvements to the property frontage that enhance the pedestrian atmosphere and/or meet design and frontage standards of this chapter may be approved by the design review committee. 5 , TD* 0 �) 3 � 2 0169 / PURCHASE AND SALE AGREEMENT `l^his. Purchase. and Sale Agreement (" Agreernont") is rtlade and entered into by and between: William L McKee and RaNae McKee, husband and wife (as to Parcels 1, 3-7 and 9). and Jared L. McKee and Brittany A. Mckee, husband and wife (as to Parcel 8) (collectively, "Seller") (Note - there: is no Parcel 2, it has beell excluded tion Sale), and C;hubbuck Dowelopment Authority ("..Buyer"). Seller and Buyer are collectively referred to Herein as the "Parties," and, individually, each a "Party." Facts A. Seller is the owner of that certain real property more particularly described by Bannock County Assessor's Parcel Number and Assessors description and legal descriptions on the attached Exhibit A, Said property is at and in the vicinity of 152 Ewans Lane, Chubbuck, Idaho, B. Seller is willing to sell the above -referenced real property to Buyer, together with any and all improvements thereon, and Buyer is willing to buy the. Property from Seller under the terms and conditions set forth in this Agreement. NOW, THEREFORE, , in consideration of the above recitals, which are incorporated into this Agreement, the mutual covenants set forth below. and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. PURCHASE AND SALE AGREEMENT - Page I chubbuck 08211 go mckee psa.wpd 1. Scale of Property. Seller agrees to sell, and Buyer agrees to purchase, pursuant to (lie provisions of"this Agreement all of Seller's right, title andinterest in and to the Property upon the terns and conditions that follow. Said property is described as Follows: See attached Exhibit A. 2. Purchase Price. 2.1 Purchase Price. The purchase price for the Property shall be One Million One hundred Tbousand Dollars ($1,100;000) (the "Purchase Price"). 2.2 D - posit. Within five (5) business days after the date on which the latter of the two (2) Parties executes this Agmement (the "1=_-xecution Date"), Buyer shall. deposit with Alliance Title & Escrow Corp. (the "Escrow Agent") the amount of Twenty -Five Thousand Dollars ($25,000), whichshall be applicable to the Purchase Price (the "Deposit"). 23 Cash Gat Closing. At Closing (defined in Section 4 below), buyer shall Pay to Seller in cash or other immediately available hands the additional sung of Three Hundred Seventy -Five 'T'housand Dollars ($375,000). Buyer will execute a promissory note, secured by a decd of trust against all of the real estate described on the attached Exhibit A. The torn of the note will be approved by Buyer and Seller prior to Closing but shall provide the remaining $ 700,000 of the purchase price shall be pair] by Buyer to Seller in annuat instalments of not less than $150,000 per year due on each anniversary of the Closing elate until December 31, 2022 when the entire remaining balance shall be due in full. The dote shall allow prepayment without penalty. 2.4 Lease of Prouerty. Seller desires to retain the use of the commercial properties and residential properties described oar'Exhibit B until such time as the Buyer has paid $900,000 of principal on the note. Buyer and Seller will execute, prior to Closing, a separate Lease PURCHASE AND SALE AGRELMVNI' - Page 2 chubbuck 082118a anckec psa.%vpd f -j", O?G�Vol Agreements) as to the properties listed on Exhibit B. The lease will provide Buyer will be responsible for the taxes and Seller responsible for insurance, maintenance and management of said properties. When Buyer had paid the $800,000 of principal, Buyer will give Seller one hundred eighty (180) days notice to vacate the residential properties during which tinge Buyer will remain responsible for all insurance, maintenance and management of said properties. When Buyer has paid Seller in hull, Buyer will give Seller one hundred eighty (180) Clays to vacate the commercial property at 140 Evans Lane, Chubbuck. Seller shall retain salvage rights to the commercial property at 140 Evans Lane, Chubbuck, at Buyer's discretion, until two hundred forty (240) days after the note has been paid in full, alter which time all salvage rights shall expire. 3. Evalrrartion Period. 3.1 evaluation Period. At any time prior to theexpiration of the period that is thirty (30) clays after the Execution Date (as extended, the "Evaluation Period") Buyer and Buyer's agents, employees, and independent contractors may enter onto the Property at reasonable times for the purpose of inspecting, surveying; and testing the sante, at Buyer's sole cost and expense. Buyer shall have until the expiration of the Evaluation Period tonotify Seller in writing if Buyer (.foes not approve the Informatio�tt (defined in Section 11(e) herein) or the Property. If Buyer provides such notice prior to the expiration of the) valuation Period, the Deposit shall be released to Bayer and this Agreement shall terminate. `chis .Agreement, and the Deposit, together with all interest thereon; shall be returned to Buyer acrd, except as provided herein, this Agreement shall be of no further force or effect. In the event that Buyer does not deliver to Seller written notice of its disapproval of the Information or the Property prior to the expiration PURCHASE AND SALE AGREEMENT - Page 3 chtibbuck 08211 So rmckee j)sj.wj)cj ,;rp A of the Evaluation Period, Buyer shell be deemed to have approved the Information and the Property. Prior to the end of the Evaluation Period: a, Buyer shall have evaluated and approved, in its sole and absolute discretion, the Suitability of the Property for its contemplated use and the availability of all necessary permits and toverflmental approvals for,such use.; b. Buyer shall have approved., in its sole and absolute discretion, the condition of title to the Property pursuant to Section 4.1 herein; C. Within the Evaluation Period, Buyer shall, at its sole cost and expense, have completed the following, inspections and assessments (collectively, the "Information"); 1. Completed a physical and structural inspection of'the Property, .at Buyer's cost, to Buyer's satisfaction. 2. Completed an environmental assessment of the Property at Buyer's cost to Buyer's satisfaction. If Buyer fails to complete the above Infibranation within the Evaluation Period, Bayer shall be deemed to have waived the requirement. 4. TTlftMatters.. 4.1 TitleTitle Report, Within five (S) business clays alier the Execution bate, Seller shall obtain and furnish to Buyer a commitment for title insurance issued by the Title Company (the "Title Report"), together with copies of the documents and instruments upon which the exceptions therein are based, copies of all covenants and restrictions, if any, which benefit the Property, and a copy of the most recent tax bill with respect to ad valorem real property taxes and assessments levied or assessed with respect to the Property. Buyer shall have fifteen (15) clays Froin the dote of receipt of the Title Report to object, by written notice to Seller., to any PURCHASE AND SALE AGREEMENT - Page 4 chubbuck 082118a mckee psn:wpd 3'C7Ci/6 exception to title as set forth in the `J'itle Report (except for all monetary liens, which are objected to exceptions and shall be removed on or before Closing). The Evaluation Period shall be extended one (1) day for each day the delivery of the 'Title Report and the underlying documents and I.118trLiments is delayed. In the event Buyer makes written objection to .ally exception to title,.Seller shall have a reasonable time, not to exceed five (5) days, to remove any such objected to exception or provide affirmative title insurance coverage. If Seller cannot remove, or is unwilling to remove, such objected to exceptions or provide affirmative title insurance coverage for the same, Buyer may elect to either terminate this Agreement or proceed to Closing, taking title subject to such exceptions. If Buyer does not object to any exception to title prior to the conclusion of.'the fifteen (15) day period, Buyer shall be deemed to have accepted such exception to title (collectively, the "Permitted Exceptions"). In the event Buyer elects to terminate this Agreement as provided herein, the Deposit, together with all interest thereon, shall be returned to Buyer and, except as provided herein, this Agreement shall be of no further force or effect, 4,2 ,additional Title Matters. In the event that following Buyer's. approval of title platters pursuant to Section 4 and continuing through Closing, Buyer becomes aware of any additional matters affecting, title to the Property and not previously shown on. the Title Report: ("Additional Title Matters"), Buyer shall have the right to review such Additional Title Matters for a period often (10) days commencing on the date Bayer receives such Additional Title Matters, If Brayer disapproves of any such. Additional "title Matters, Buyer shall specify in writing its reasons for disapproval and specify whit actions Seller most take to obtain Buyer's approval for those specified Additional. Title Matters. Seller shall have no obligation to remove or cure any item disapproved by Buyer, but if Seller refuses to take the actions specified by Buyer in Buyer's written objection within tern (10) days atter Seller's receipt of Buyer's PURCHASE AND SALE AGREEMENT - Page 5 chubbuck 082118a mckee ps mp(l P �/ P disapproval, Buyer shall have the option to either terminate this Agreement in. which case the Deposit shall be returned to Buyer or waive its objections to any such Additional 'Title Matters. Any Additional Title Matters which Buyer nails to disapprove of in writing within ten (10) days after Buyer receives such Additional Title Matters will be deemed to have been approved by Buyer. 4.3 Title Policy. Title shall be insured by an Standard Coverage Owner's Policy of TitleInsurance issued by Alliance `1"itle & Escrow Corp. (the "'title Company") in the full a rnount of the Purchase Price insuring fee simple title to the Property in Buyer, subject only to the exceptions determined in accordance with this Section 4. Buyer shall Have the right, ln.its discretion, to require an .Extended Coverage Owner's Policy of Title Insurance and endorsements to the Title Policy, If Buyer elects to require an Extended Coverage Owner's Policy of Title Insurance, or endorsements to the'Title Policy, Buyer shall pay for the increased amount of the premium attributable to the Extended Coverage Owner's Policy of Title Insurance and for the costs of the additional endorsements requested by it. 4.4 Warranty Deed. Prior to Closing, Seller shall deposit with the Escrow Agent a Warranty Deed ("Deed.") conveying the Property to Buyer, subject only to the Permitted Exceptions, in a form approved by Beyer, duly executed and Acknowledged in recordable form, Seller sham submit Warranty Deed to Buyer at least ten (10) days prior to the Evaluation Period so Buyer can approve the form of the Deed prior to the expiration of the twaluation Period, 4.5 Encurnberecl Properties. Certain of Seller's properties have mortgagges or deeds of trust encumbering the properties, which are listed on the attached Exhibit C. Buyer is willing to accept the properties with such encumbrances to allow Seller to otili?e the initial lour Hundred Thousand Dollars ($400,000) of payments., including One Hundred Fifty'rhousand Dollars ($150,000) of the amount paid the first year; for ,Seller's purposes as disclosed by Seller to PURCHASE AND SALE AGREEMENT- Page 6 chubl uck 0821 1So I1 ckee psa.wpd Buyer; provided however a portion of each subsequent annual payment shall go to pay off that certain debt as to (lie property listed on Exhibit C. Seller covenants and agrees From each annual payment Seller will apply the indicated amount ofmoney to the indicated property and debt Unless said debt is paid in full; Seller will apply appropriate confirmation of debt payment each year to Byer, within ten (10) business days ofthe receipt of the payment from Buyer. .6 Quipt Title to Parcel Seller has represented that Seller does not have clear title to Parcel 9 and is riot aware of the whereabouts of Frank Williams, the named owner. Seller has been paying the taxes and oecupying. the property openly for many years and has been advised he will need to Quiet Title to said property so clear title can be provided to Buyer prior to final payment. Seller covenants and agrees to proceed with a Quiet Title action within six (6) months of closing, at Seller's cost. 5. Closing. 5.1 CC1osin . The "Closhig Date's (or "Closing") shall be the date the Deed is recorded in the official property records of the county in which the Property is located, and shall on the first business clay that is thirty (30) calendar clays after the expiration of the Evaluation Period at l MO a.m., unless Buyer and Seller mutually agree upon a different time and place for Closing, 'rj.ie sale contemplated by this Agreement shall be consummated as follows: a. Sellgr's :Deliveries. On or bef6re Closing, Seller shall deliver or caarse to be delivered to Escrow Agent, for recordation and delivery to buyer upon Closing, the following: 1. The Deed, duly executed and acknowledged by Sallee; 2. Such additional documents as may be reasonably required by the Escrow Agent to consummate the Closing. PURCHASE AM SAL.R AGRI:.EMENT- Page 7 clu bbuck 082118a melee psampd ,gip A 6�13ROIF I b. Buyer's Deliveries. On or before Closing, Buyer shall deliver or cause to be delivered to Escrow Agent: 1. Payment of the Purchase Price as reclwre d under Section 2.3; and 2. Such additional documents as may be reasonably required by the Escrow Agent to consummate the Closing. 5.2 Proration, Escrow lees and Casts. a. Prorations, Adiustments.. All rentals, rent receipts, and utilities (if any) shall be prorated and adjusted between the .Parties as of the Closing Date. heal property taxes shall not be prorated and adjusted between the Parties as of the Closing Date, Seller will be responsible for the 2018 taxes. b. Seller's Payments. 'Seller shall, before or simultaneously with, Closing pay: (i) the cost of the standard Title Policy; (ii) one-half (1/2) of the Escrow Agent's fees; and (iii) recording costs typically paid by a Seller in Bannock County. In addition, Seller shall pay all of its own legal and consulting expenses. Upon payoff of the Promissory note by Buyer in full, an updated title policy shall be ordered and Seller will pay one-half of that cost. C. Buyer's Payments. Buyer shall, before or simultaneously with, Closing pay: (i) the cost of any additional hremiuuls attributable to an Extended Coverage Owner's Policy of Title Insurance, if requested by Buyer; (ii) one-half'('/z) of the Escrow Agent's fees; and (iii) recording costs typically paid by a Buyer in Bannock County. In addition, Buyer shall pay all of its own legal and consulting expenses. Upon payoff of the Promissory note by Buyer in full, an updated title policy shall be ordered and Buyer will pay one -halt of that cost. 5.3 Possession. Seller shall deliver possession of the Property to Buyer on the Closing Date, except as to the properties on Exhibit B leased back to Seller. PURCHASE ANI] SALT; AGREEMENT - Page 8 cimbbuck 082;118a mckee psompd 6. Conditions,L'rcacedeut to.Closin. In addition to tlte; other terms and provisions of this Agreement which give Buyer the right to terminate this Agreement, Buyer's obligation to purchase the Property from Seller shall be subject: to (lie occurrence and/or satisfaction of the following conditions (or Buyer's written waiver thereof, it being agreed that Buyer may waive any or all such conditions) within the time periods set forth herein: 6.1 Sellee's Performance. As ofClosing, Seller shall have performed all of the obligations required to be performed by Seller wider this. Agreement. 6.2 Seller's . s Retmesentations and Warranties. All representations and warranties made by Seller to Buyer in this Agreement shall be true and correct as of Closing. 6.3 Title Matters. Delivery for Buyer's Approval of the Title Report and, as of Closing, the issuance of the Title Policy described in Section 4.3. 6.4 ApDroval of Information a i(i Pro wnEiuyer's approval, unless waived, of the . Information and. Property as provided in Section 3. 7. Seller's fti-esentations and Warraniics. Seller represents and warrants as follows, as of the (late hereof and as of Closing: 7.1 Atrthority. Seller has the authority and power to enter into this Agreement and to consummate the transactions provided for by this Agreement. 7.2 "Title. Seller has good and marketable title to the Property and at Closing such title shall be subject only to the encumbrances expressly approved by Buyer. 7.3 Taxes. Except for ad valorem and heal property taxes not yet due and payable, there are no taxes or assessments of any nature or description arising out of Seller's ownership and/or utilization of the Property due to any federal, state, county or other governmental authority tip to Closing which are or may be delinquent and/or constitute a lien on all or any part PURCHASL-' AND SALE AGRI'LMENT - rage 9 cli0buck 08211.8a. nickce psaml)d .�<o X 09/wof � of the Property and which will not have been satisfied on or before the transfer of funds from the Closing to Seller. 7.4 Litigation. There are no actions, suits, proceedings, or investigations pending or threatened, before any agency, court or other governmental authority: (a) which have, will or may adversely affect Seller's ability to consummate the transactions contemplated herein or to pertcirn2 as required by this Agreement, (b) relate to the ownership, maintenance, development, or operation of the Property; or (c) which could become a inability of Buyer or the Property or any portion thereof following Closing. 7.5 No Mechanic's Liens. Seller shall cause to be discharged all mechanics' or materialmen's liens (or their functional equivalent) arising from any labor or materials furnished to all or any Dart of the Property prior to the Closing, 7.6 Ornission.s. There is no fact known to Seller relative to the Property which may adversely affect all or any part of the Property in any material way which has not been. set forth in this Agreement, the Information or otherwise disclosed in writing to buyer. To the knowledge of Seller, ut Closing,, there will be no unrecorded leases; easements, encumbrances, or other agreements affectitag the Property except as. shown on the Title Report, or as otherwise disclosed. to Buyer by Seller in writing and approved by Buyer. 7.7 Corn li nce with Law. To the knowledge of Seller, the Property and the existing uses of the Property, are in material compliance with all applicable laws, ordinances, rules, regulations, and requirements of all governmental. authorities having jurisdiction thereof, including those pertaining to zoning, building, housing, water, use, safety, fire, health and tine environment.. 7.8 No Notices of Violatioi)s. Seller has received no notice of any failure of Seller to comply with any aPplicable governmental requirements in respect of the development, use and PURCHASE AND SALE AGREEMENT- Page 10 chubbuck 08211 sa mckee psa.wpd occupation of the Property, including environmental, zoning, platting and other land use requirements which Have not been heretofore corrected to the satisfaction of the appropriate governmental authority. 7.9 Condemnation. a. Eminent Dgmain .11roceedings. To the knowledge of Seller, there is no condemnation or eminent domain proceeding affecting the Property or any portion thereof currently pending or threatened. b. Takings by Eminent Domain, To the knowledge of Seller, there have been no takings by condemnation or eminent domain ofany land of which the Property was a Dart and for which compensation has not been laid or for which compensation has been pail within the past three (3) years... 7.10 No Defiurlts. Seller has not received notice of any default or breach by Seller under any covenants, conditions, restrictions, nights -of -way, or easements which may affect Seller in respect to the Property or may affect. the Property or any portion thereof and, to the knowledge of Seller; no condition exists that with the passage of tImc or giving notice or both would constitute such a default. 7.11 NoAttachntents. Thera are no attachments, executions, assignments for the bonefit of creditors, or proceedings in bankruptcy or under any other debtor relief laws contemplated by or pending or, to the knowledge of Seller, threatened by or against Seller. 7.13 Environmental Matters, To the knowledge of Seller: (i) no Hazardous Substances (defined herein) are, will be, or have been, stored, treated, disposed of, or incorporated into, on, or arotnid the Property in violation of any applicable statUte.s, ordinances, or regulations; (ii) the Property is in material compliance with all applicable environmental, Health, and safety requirements; and (iii) any business heretofore operated on the Property has PURCHASE AND SALE AGVXEMENT - Page I 1 chubbuck 0821 1.8a mckee psampd disposed of its waste in accordance with all applicable statutes, ordinances., and regulations, Seller has no knowledge of any pending or threatened action or proceeding arising out of the condition of the Property or any alleged violation of environmental, health, or sa[ety statutes, ordinances, or regulations, "Hazardous Substances" shall collectively refer to underground storage tanks, petroleum and petroleum products, asbestos, PCBs, urea -formaldehyde and any hazardous or toxic substances, pollutants, contaminants, wastes or materials as defined tinder any "Environmental Laws." The teem "Environmental Laws" shall collectively refer to any federal, state or local law, rule or regulation respecting Hazardous Substances, together with all rules and regulations promulgated thereunder and all amendments thereto. 7.14 Corrective Ngt�,ice Liahiliy. if after the Execution Date, but prior to the Closing Date, Seiler becomes aware: that any of Seller's representations set forth herein are no longer trite and correct, then Seller shall provide Buyer with written notice stating that Seller believes that such representations are no longer aceturate and the general nature of the change. "Within ten (1 {I) business days after receipt of such notice, Buyer shall either: (a) terminate this Agreement and the Deposit shall be returned to Buyer (in which ;vent Buyer shall retain its right to recover its actual. damages, including, but not limited to, its reasonable costs and attorney fees); or (b) waive its rights 011 such account and elect to consummate the transaction herein contemplated, in which event Buyer shall be deemed to have waived all rights and remedies with respect to those matters specifically set forth in such notice, WITH THE EXCEPTION OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, BUYER WARRANTS AND ACKNOWLEDGES M AND AGREES WITH SELLIER "I NAT BUYER IS PURCHASING THE PROPERTY IN AN "AS -IS" CONDITION WITH ALL FAULTS AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTCES, I n-I-IGR EXPRESS OR IMPLIED, OF ANY MND, NATuR.I­,, OF OR ON BEI-iALF Ot� SELLER. PURCHASE AND SALE AGREEMENT - Page 12 diubbuck 082118a ailckee psampd 8. Buyer agrees, represents and warrants, as of the Execution tete a►id as of Closing, that it has fall legal right, power and authority to execute and fully perform its obligations under this Agreement, 9. AdditionalObligfttxons. 9,1 Survival of Rep esentations and Warranties. The representations and vs urantics, along with commitments to defend, indemnify and bold the other party harmless, stated in this Agreement stall not survive the Closing, except for the representation and warranty relating to title contained in Section 7,2 herein, which shall survive the Closing. 9.2 Condemnation. 11, prior to Closing, Seller acquires knowledge of any pending or threatened action, shit or proceeding to condemn or take all or any part of the Property under the power of eminent domain, Seller shall promptly give notice thereof to Buyer. Upon receipt of such notice Buyer may terminate this Agreenlent and this .Agreement shall be null and void, whereupon the full amount of the Deposit, minus one-half ('/2) the escrow cancellation fee, shall be paid by Escrow Agent to Buyer, and all 'Parties shall be relieved of all further liability hereunder. If Buyer floes not terminate this Agreement, and Closing occurs, then Buyer shall be entitled to the proceeds of any condemnation award available. 9.3 Casualty. If, prior to the date of the Closing; the Properly, or any portion thereof, shall be damaged or destroyed by reason of an earthquake or other casualty, then Seller shall immediately give notice thereof to Buyer. Upon receipt of such notice, Buyer may terminate this Agreement and this Agreement shall be bull and void, whereupon the full amount of the Deposit, minus the escrow cancellation fee, shall be paid by the: Escrow Agent to Buyer, and all Parties shall thereupon. be relieved ofall further liability heremmder. if Bt►yer does not terminate this PURCHASE AND SALE AGREEMENT- Page 13 chubbuck 08211$a mckee 17gm))d Agreement, and the Closing occurs, then Buyer shrill be entitled to the insurance proceeds available as a resu It of the casualty, if any, 14. Termination, 10.1 armination by Buyer. If this Agreement is terminated by Buyer: (a) during the Evaluation Period; (b) as a result of the failure to satisfy or waive all conditions and contingencies in Section 6 (c) pursuant to Sections 4.1, 4.2, 4.3, 4A, 9.2, and 9.3, or (d) as a result of Seller's breach of this Agreement (each a "Buyer's'Termination Event"), then, in any of those events, (1) Buyer and Seller shrill execute and deliver to the Escrow Agent escrow cancellation instructions, (2) except as otherwise provided herein, this Agreement shall be of no further force or effect., and (3) the Deposit and all other amounts paid by Buyer shall be returned to Buyer, except the cost of the Preliminary Title Commitment and the cancellation fee therefor shall be deducted -from the Deposit and be retained by the Escrow Agent. 10.2 erminatjon of A gr anent b Sel ler duce to Bu er's default. IN THE EVENT THIS AGREEMENT IS TERMINATED OR THE CLOSING DOES NOT OCCUR DUE TO BUYER'S DEFAULT, BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL AND 1'XTREMfH.Y DIFFICULT TO ESTIMATE THEE DAMAGES SELLER MAY SUF ER. BUYER AND SELLER TI-IEREFORE AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL. NET DE' `RIMI NT THAT SELLER WOULD SUFFER IN THE EVENT OFA. TERMINATION Of THIS AGREEMENT FOR ANY REASON OTHER THAN A BUYER'S TEIZMINNFION EVENT" IS Tl -IE DEPOSIT, AND THAT THIS SHALL BE SELLER'S SOLE AND EXCLUSIVE REMEDY (WHETHER AT LAW OR IN EQUITY). THE DEPOSIT SHALL BE THE DULL, AGREED AND LIQUIDATED DAMAGES FOR A TERMINATION FOR ANY REASON OTHERTHAN A BUYER'S TERMINATION EVENT, ALL OTHER CLAIMS TO DAMAGE OR OTHER REMEDIES BEING HEREIN EXPRESSLY WAIVED BY SELLER (EXCEPT FOR SELLER'S RIGHTS UNDER SECTION.] 1.2). THE PAYMENT OF THIS AMOUNT AS LIQUIDATED DAMAGES IS NOT 'INTENDED AS A FORFEITURE OR PENAL'T'Y, B TIS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER. UPON 'rHE TERMINA'T`ION OF THIS AGREEMENT ICOR ANY REASON OTHER THAN A BUYER'S "TERMINATION EVENT, NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS UNDER THE AGREEMENT, EACH TO THE- OTHER, EXCEPT FOR THE RIGHT OF SELLER TO RETAIN SUCH LIQUIDATED DAMAGES AND .EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT. PRIOR TO EXERCISING ITS RIGITIT PURCHASE AND SALE AGREEMENT - Page 14 chubbuck 082118a mckee psampd TO RETAINTHE LIQUIDATED DAMAGES SET FORTH ABOVE AS A RESULT OF A DEFAULT OF BUYER, SELLER SHALL GIVE BUYER WRITTEN NOTICE OF ANY ALLEGED DEFAULTAND BUYER SMALL HAVE A PERIOD OF FD -PEEN (I5) DAYS, BUT NOT LA'T'ER THAN CLOSING, TO CURE SUCH DEFAULT. THE PARTIES AGREE TO EXECUTE, WITHIN FIVE (5) .DAYS FOLLOWING THE- TERMINATION OF THIS AGREEMENT, IN ACCORDANCE- W1TH TI -ITS SECTION, IRREVOCABLE WRI:I'TL?N INSTRUCTIONS TO `l'I-1E ESCROW AGENT CONTAINING THE PROVISIONS OF THIS SECTION, AND THAT NO FURTHER. INSTRUCTIONS 1'0 ESCROW AGENT SMALL BE NECESSARY TO RELEASE THE DEPOSIT TO SELLER AS LIQUIDATED DAMAGES, UPON BUYER'S DEFAULT OF ]'HIS AGREEMEN"T", SELLER SHALL RETAIN EARNEST MONEY AS SOLE REMEDY WITHOUT FURTHER RECOURSE BETWEEN PARTIES. Notwithstanding the foregoing, after the Execution Date, should Seller elect not to consummate the transaction contemplated in this Agreement for any reason. other than Buyer's default: At Buyer's option (1) this Agreement shall terminate; (2) the Deposit shall be returned to Buyer; and (3) Seller shall. pay tale cost of the Preliminary Title Commitment or cancellation fee for such Commitment or Buyer may, at its option, pursue all available legal remedies under Idaho law, including specific performance, to enforce the terms of this Agreement, 11. !General Provisians. 11.1 Assignment, Neither panty shall assign its rights and obligations under this Agreement, without the prior written consent of the other party, which will not be unreasonably withheld.. 11.2 Attorney Fees. If either Party commences legal proceedings for any relief against the Party arising out of this Agreement, the prevailing Party shall be entitled to an award of legal costs and expenses, including, but not limited to, reasonable attorney fees as determined by the court. The prevailing, Party shall be that Party receiving substantially the relief sought in the proceeding, whether brought to final judgment or not. PURCHASE AND SALE, AGREEMENT - 1'oge 15 chubbuck. 082118,-1 nickee psu.wpd 11.3 Computation of Time periods. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the elate or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday; or holiday. 1 l .4 Counter nrts and l; ecution by facsimile. This Agreement or any escrow instructions pursuant to this Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such counterpart. Delivery of an executed copy of this Agreement by facsimile, telecopy, telex or other means of electronic coniniunication producing a printed copy will be deemed to be an execution and delivery of this Agreement on the date of such communication. by the Party so delivering such n copy. The Party so delivering such a copy via electronic communication shall deliver an executed original, of this Agreement to the ether Party within five (5) business days of the elate of delivery of the electronic communication. 11.5 Entire Agreempol. This Agreement, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the Parties with respect to the purchase and sale of the Property and supersedes all prior atgreernents, oral or written. 11.6 further Assurances. Tile Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intention of the Parties. PURCHASE AND SALE AGREEMENT- Page 16 chubbuck 082118a mckee psamp(I 11.7 Governing 1,aw, This Agreement shell begoverned, construed and enforced in accordance with the laws of the state in which the Property is located, without regard to the conflict of law principles of such state. 11.8 Modification/Waiver, No modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing; and signed by both Buyerand Seller, 11.9 Notices. Whenever a Pai•ty to this Agreement is required or permitted under this Agreement to provide the other Party with any notice, request, demand, consent or approval. ("Notices"), the Notices will be given in writing and will be delivered to the other Party at the address or facsimile number sot forth. below: (a)) personally; (b) by a reputable overnight courier service; (c) by certified mail, postage prepaid, return receipt requested; or (d) by facsimile transmission. Either Party may change its address for Notices by written notice to the other Party delivered In the manner set forth above. Notices will be deemed to have been duly given: (1) on the date personally delivered; (2) one (1) business clay afier delivery to an overnight courier service with nextAay service requested; (')) on the third (31) business clay after inading, if mailed using; certified mail; or (4) on the date seat when delivered by facsimile (so long as t11e sender receives electronic confirmation of receipt and a copy ofthe Notice is sent by one of the other means permitted hereund(:r on or before the next business day). 1F TO SELLER: William L. McKee IF TO BUYER: Chubbuck Development Authority c/o Thomas J. Holmes 110 Box 967 203 S. Garfield Pocatello, ID 83204 Telephone: (208) 232-5911 Fax: (208) 232-5962 PURCHASE AND SALE AGREEMENT Page 17 chubbuck 0821.18a mckee psa.wpd 11.10. Tifue if of the Essence. "l"iirie is of tlic essence with respect to each provisioii of this Agreement. 11.1.1 Brokers. Buyer represents that it has not dealt with any person or entity that might have a claim for a sale or brokerage commission or finder's fee with respect to the transaction contemplated by this Agreement, Seller shall indemnify and hold Buyer and any agent or representative of Buyer harmless from all losses, charges, expenses (including reasonable attorney's fees) incurred by Buyer as a result of any claim for a commission, finder's fee or similar compensation made by any other broker, finder, or Darty who claims to have dealt with Buyer or Sellar. Seller willbe responsible for any commissions on this sale. 11.12 Lclx ang . :Buyer acknowledges Seller may desire to complete a tax defeffed exchange under section 1031 of the Internal Revenue Cade and Seller's rights in this Agreement may be assigned to a third party facilitator for purposes of completing the exchange. Buyer agrees to cooperate with Seller and the facilitator in completing such exchange. Buyer shrill incur no additional cost or liability as a result of such. cooperation. IN ` ITNl:,SS WHEREOF, the Parties have entered into (his Agreement as of the date set forth below. SOevkw I)ate:, tfA-, 2018 SELLER: cKee PURCHASE AND SAL.r AGREEMENT- Page 18 chubbuck 08211 Sa mckee psa.wpcl RalAae McKee wam- a - JA� -, Brittany -A. Mc. ee Date: A +st , 2018 ,N BUYER: Cbubbuck Development Authority By. W* Clair By: Rodney BuithRxecutive Director PURCHASE AND SALE AGREEMENT - Page 19 chubbuck 0821 18a mckee psa.wpd EXHIBIT A 1. Parcel: RCH91000300 Parcel Owner: MCKEC, WILLIAM Legal Description: 117' OP N 140' Ole 5160' LOT 1 Deed: 21516486-87 - Previous Deecl: 91004005 Approximate Acreage: 0.55 Address, 1521 VANS Year Built: 1930 152 Evans W111lant McKee and HaNae McKee LO`1'2 HIGHWAY 91 AWN The Bost 17 foot orfhe Nuffft .140 feduf1hd,5oufh OV feglefl.ot 1 and till fifLot 2, i IAlaulp 41 Alliitloa, neeording tP the plat fiimwf, filed as mords of fiannaelk Voanty, Idaho. ® ems PURCHASE AND SALE AGREEMENT- Page 20 chubbuck 0821.18 mckes psn.wpd 1"D * �i/3o-e)lg l 2. NOT USED Parcel: RCBBA004802 Parcel Owner: MCKEE, WILLIAM Legal Description; TR IN TR 14 & 15 TX 128 l .20AC BONNIE BRAT; ACRES Deed: 754389 - Previous Deed: 751320 Approximate Acreage: 0.83 %E W1108 FEET Of TRdi;I 14 MO TRACT 5, HaPT11C, TIfE WEST M f[IT 4f 1RktT 1', BONN t ME NES, RNW4 {QTY, 14110, is tha said! appears ai the official plat Uiereof, filed in the office of the Cmaly Recker of said County...,,. PURCHASE AND SALE AGREEMENT - Page 21 chubbtick 082118 mckee psa.wpd -rg * 0f13L-;01g')1 Parcel: RCH91000200 Parcel Owner: MCKEE, WILLIAM L Legal Description: W 100' OF N 140' OF S 160' LOT 1 HIGHWAY 91 ADDN Deed: 95004390 - Previous Deed: Approximate Acreage: 0.32 Address: 140 EVANS Year Built: 1950 5 Parcel: RCH91000201 Parcel Owner: MCKEE, WILLIAM 1, Legal Description: N60' LOT 1 HIGHWAY 91 ADDN Deed: 95004390 - Previous Deed: Approximate Acreage: 0.16 Address: 140 EVANS 140 Evans Willlam L, McKee and Ranee P. McKee "ConmclicillS nt tllc mr, cut•ncr of the sli}LYEg of S. 10, Ttrp. G ., R_ 34 U., 6.hi. limmock Caonty, ldnho and t•u+suing Ll+enca WasL (long file C\ert1l line or said•SNIINCIS a dis tcume of aso foot I.n the Illace or beginning or thfe nut•yoy, Lhesuo nt right nnf,ica Soctn n diatnnce of G❑ rcat, thane. nt vigl+t m1g1eS west Cuts of Ill feet, thence (ti, right rul5jeS Nnrth a CIA ttln ce or 56 rout, thmlca at rium (nglan Inst along the said Kok -11h Liu* or iho SWIWO, o distance of 117 rout Lo Ove place Qf ibegitu+ing or this r:nrvey. "ALSO, Xammaucing ut tilt NE corse), or the SW.Nm'SS of 5. 10, Wvp. l! 5., R. 34 6. t1.N., llannock County, Illnha, and -running ibenco 5aut1, oteng the "Cal lien or said swmr- 4 a disyanae oC 330 Sect; thene0 nl vi6ht nugles 1?ost *distance e1' 1320 feet, iooro or less, to the Gnstcrly line or Lite iolloltstone PI1t•k Ilighwoy; thence Northerly Itlong the said Ensterl%l fine or the Yellowstone Park Ilighway a distance U i30 [caL; thence anst parn.11al to the North line of the sw4i AL•:;i of said toed on o dJ ince or 340 taut to tlla trio point or beginnings tboncc Worth at right nng 1cs n dis Lnime or 1,10 feet; thane East ntright msrins 100 feet., thence South of r]gght ongies;a ilia Ltal ca or 190 fact; thance West at rigl-t nnglc� A 06 Ce at to the plli-e of 1.ngim+i.+1g nr *hie cnr•vey.+' Also Known as: 0 4 '' MARCY.L 1 oLlse Hore!� 6U Idaho. the Ccet la[ &ear6 an I,hetlofficial. platOtrhnsre.COe[Llcdal, the Ins court app oC Elca aC the Ceu+[y Accorder of Dan noc's Cacn1Y, Idalw. yARcist. 2 She 4cflL 1061 h00I 'r10Nl.ca•n nuae }.UOTth 1 Go+eniyAG t idnhloc eon tl,ol enact aVpnn reotnl at IILGIIWAY 9 rhe oC4icial plwr�t hereof, tiled 1n tl' oC![ce of the Cauney peearJer oC llnnsurk Count Yl• Ed.h... ' PURCHASE AND SALE AGREEMENT- Page 22 chubbuck 082118 mckee psa.wpd 117' Parcel 1 awli i314P Parcel 2 0 Evans Lars 11 RTI.-HCO ,TV 6. Parcel: RCI -191000600 Parcel Omer: MCKEE, WILLIAM Legal Description: LOT 5 T-IIGHWAY 91 ADDN Deed; .20500128 - Previous Deed: 593094 Approximate Acreage: 0.38 Address: 208 E,VANS IOU- deans MAfliatn !McNee ®nd Nnse McRae LutS; idGNWAS UI VXfMQ".%rI; 14MMK`ufonNw attlasl44�tiCeicol,flrA»dv.alrceof�he CuaMY RrmidnufFlumntkCv�nf7514+1w. � PURCHASE AND SALE AGREEMENT- Page 23 chubbuck 082118 mckee psampd. 7. Parcel: RCBBA004900 Parcel Owner: MCKEE, WILLIAM Legal Description: TR IN TR 14 TAX 88 1.74 AC BONNIE BRAE ACRES Deed: 21707253 - Previous Deed: 21604615-17 Approximate Acreage: 1.78 Address: 211 E LINDEN Year Built: 1938 211 E Linden William McKee .A parcel of lard hxwed in Lot H. Bonne Dte.% A—, fsanaoca Caonty, ldtsho LL flee same ippe.rs un tho affitrial plat thereof. recorJad ,April 1, 1936 as instrument No. l 3'99?. more particularly &scribed as fuilnas; Comincncing at rhe Itiorthwcst corner of Tract i5 of mid Bonnie ➢sac Acres used running (hence in an %aslerlr d'eocdon alang Ute North line of said Tnct 15, 2U4 Fect to site Tmc Point of Brginnirgt then.. conlinuinq Eass atnng like said North line of Tract 15 a distance of 569.6 Feet, mere or tela. m UtcNodhean corner of Tract la or Bonnie Brae Aces; Thenec in a Sourheantrly direr Iinn along rhe Easterly line ul's.tid Tract ta, a distance of 383.4 feet, arare of less, to a point 88 fcel North of the southeast comer of said Tract 14; thence Wcsl on a line V,Ild to the South line of Tmet 14 and 15 or Bennis lime Acres a distance of 591 feet, mutt or loss, to a polnt 204 feel Fast from Bre N est line of Tract I f; Ulrnce at right angios Votth un a line para) Id to the \Ycst line of said'rncr 15 a Distance 11`2817 rcrt, more or less, to the Point of Begiria4i y rimpthtei1wrefrom: Commencing at the North:testccrnerof Tran 15 of said Ronnie Bne Acres and running thence in an Eoslerly direction along tht i lush line of mid Tract 13. 2W iect W Thu True Point of Beginning Thcnee cenrinuing East along the said North line of Tract 15, a disloneo or 3 l fens, mute or less, rhmee South a distant— of?&1 7 feeL more ar less, dtence 14',�st in a line parallel to the Szoth line of :act l4 and 15 of Bcnnia &ne Acres, a distance of iib teal. rnon: or Itss, to a point Zoo feel Esse from Cha Wear line of?mco t5; Chance at right angles �onh on s line parallel ra Use West line of said Trect , s a dserancc of 2U ' Cert. m -e or fess. m The Point of Bettifinine PURCHASE AND SALE AGREEMENT- Page 24 chubbuck 082118 mckee psa.wpd .;b � o9i3aa�B/ 8. Parcel: RCH91000502 Parcel. Owner: MCKE , ,JARED L Legal Description: LOT 4 HIGHWAY 91 ADDN Deed: 21216705 W I7revious Deed: 20421667 Approximate Acreage: 0.49 Property/Building Info: Address: 206 EVANS Year Built: 1915 IJ �}• c1 �, t)r 1 "f 1. 3 1f4 X41 sr �l cs N Evans Lane PURCHASE AND SALIN AGREEMENT- rage 25 chubbuck 082118 me.kee psn.wpd sr cs _P � Lni/32�� 9. Parcel: RCCPCO26508 Parcel Owner- WILLIAMS, FRANK E Legal Description: S I 0-1"6S-R34E TR SW4NE4TAX 491 0.05AC COUNT PROP IN CHUBBUCK Deed: 281627 - PreviOLls Deed: 21505407 Approximate Acreage. 0.05 THIS MAP 19 R)RqISHED AS AN ACCOMMODATION, I I I , I s, (STRICTLY FOR THE PURPOSES OF OENERALLY q i -4f RlfilNC'LOCATING THE LAND, IT DOES NOT REPRESENT A L A R ENT Ili AN 1 flSUWEY OF THE LAND OR IMPLY ANY 'REPRESENTATIONS AS TO THE SIZE, AREA OR ANY N )f V I OTHER FACTS RELATED TO THE LAM SHOWN THERE OF. ilk jr PIN jil Ni! 0 ANI! I ;L �7_ )0` 1 kif ;N' IN loo Ii i I 4 V1 WOMION t -VAN'. I A,hj I o 4 " " V 'I Aaws ul"WS16W PURCHASE AND SALE AGREEMENT - Page 26 chubbUck 082118 ilickee psa.wpd I Fax Parcel t I PCO26508 N 89*28' 11 NOTE: 'I'HE I -AND DE1,-Cf3113FV7 IN 011AI DIESCRIHED IN I65-1. INS]RUMENT 9600808-7 fj EXHIBIT B Properties to be Leased back to Seller 1. Parcel. RCH91000300 Parcel Owner: MCKEE, WILLIAM Legal Description: E1T OF N140' OF 5160' LOT 1 LOT 2 HIGHWAY 91 ADDN Deed: 21516486-87 - Previous Deed: 910040.05 Approximate Acreage: 0.55 Address: 152 EVANS Year Built: 1930 2, NOT USED 3. Parcel: RC.BBA004802 Parcel Owner: MCKEE, WILLIAM Leel Description: TR IN TR 14 & 15 TX 128 1.20AC BONNIE: BRAE ACRES Deed 754389 - Previous Deed: 751320 Approximate Act -cage: 0.83 4. Parcel: RCH91000200 Parcel. Owner: MCKEE, WILLIAM L Legal Description: W I 00'OF N 140'01, S 160' LOT i HIGHWAY 91 ADDN Deed: 95004390 - Previous Deed:. Approximate Acreage: 0.32 Address: 140 EVANS Year Built: 1950 5 Parcel: RCI -191000201 Parcel .parcel Owner: MCKEE, WILLIAM L Legal Description; N60' LO"r I IJIGHWAY 91 ADDN Deed: 95004390 - Previous Deed.: Approximate Acreage: 0.16 Address: 140 EVANS PURCHASE AND SALE AGREEMENT - Page 2.7 chubbuck 082118 mckee psa.wvpd 7. Parcel RC1313A004900 Parcel Owner: MCKT: E, WILLIAM Legal Description: n IN TTS 14 TAX 88 1.74 AC 13ONN1E BRAC ACRES Deed: 21707253 - Previous Deed: 21604615-17 Approximate Acreage: 1.78 Address: 211 E LINDEN Year Built: 1938 S. Parcel: RCH91000502 Parcel Owner: MCICEI:a, ,iAIt1_:D 1, Legal Description, LOT 4 JJIGHWAY 91 Ai)DN Deed: 2.1216705 - Previous Deed: 20421667 Approximate Acreage: 0.49 Property/Building Info: Address:. 206 EVANS Year Built: 1915 PURCHASE AND SALE AGRPEMI NT - Page 28 chtibbuck 082118 nickcc psa.w1A lb Exhibit C E Debt awed on specific Property and Arnorrnt of Payment applied to Debt cacti Year Parcel Debt Owed Payment Yr. Payment Applied I. Parcel: RCH91000300 D 44'gy Parcel Owner: MCKEE, WILLIAM Address: 152 EVANS 2. NOT USED ❑r 3. Parcel: RC13BA004802 D Parcel Owner: MCKEE, WILLIAM 4, Parcel: RCH91000200 Parcel Owner: MCKEE, WILLIAM L 1 �, Address: 140 EVANS 5 Parcel: RC1191000201 Parcel Owner: MCKEE WILLIAM L .Address: 140 EVANS G. Parcel: RCH91000600 Parcel Owner MCKEE, WILLIAM Address: 208 EVANS 7. Parcel. RCBBA004900 , 3.2 Parcel. Owner: MCKEE, WILLIAM l ��� � raj Address: 211 E LINDEN 8. Parcel: RC1 -191000502 cry � 2a Parcel Owner: MCKEE, JARED L �'`�(OW Address: 206 EVANS 9. Pat -cc]: RCCPCO26508 Parcel Owner: WILLIAMS, ]'RANK E PURCHASE AND SALE AGREEMENT - Page 29 chubbuck 0.82118 mckee psampd 1 2 3 4 5 a 7 8 s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 DDEN UM #ONE (All addendums shall tae numbered sequentially.) JULY 20 P EDITION age 1 of 1 I. q. RE -11 ADDENDUM 191 IDAHO THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS- roau is aws RV.IIa't )ltti' IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY ANDIOR ACCOUNTANT BEFORE SIGNING. " Today's Date:September 13, 2018 This is an ADDENDUM to the ❑X Purchase and Sale Agreement []Other (`Addendum' means that the information below is added material for the agreement (such as lists or descriptions} and/or means the form is being used to change, correct or revise the agreement (such as modification, addition or deletion of a term))_ AGREEMENT DATED: September 13, 2018 ID # 091320181 ADDRESS: Parcels 1,3-9 see contract for full legal descriptions BUYER(S): Chubbuck Development Authority SELLER(S): William L. & RaNae McKee 141W & Jared L. & Brittany A. McKee H/W The undersigned parties hereby agree as follows: 1. It is the Buyer's sole cost and responsibility to create a new legal description with boundaries closely depicted in the following aerial view for McKee's Garden & Pet Center Located at 130 Evans Ln. Chubbuck, ID 83202. The new property lines to be created using the existing boundaries that currently exist between the east side o€130 and the west side of 140 Evans lane as a reference point to extenct the new property Imes South to north. Any adjoining properties impacted by the new boundaries will be amended by the Buyer at their own expense. 2. The Buyer to provide legal counsel at its own expense to assist the Seller in attaining a Quiet Title to Parcel 9 as outline in Section 4.5. _. To the extent the terms of this ADDENDUM modify or conflict with any provisions of the Purchase and Sale Agreement including all prior Addendums or Counter Offers, these terms shall control- All other terms of the Purchase and Sale Agreement including all prior Addendums or Counter Offers not modified by this ADDENDUM shall remain the same. Upon its execution by both parties, this agreement is made an integgp�rt of a aforementioned Agreement. 7r" BUYER: _ i/ Date: BUYER: r C�-�c�Y Date: Z� ` pTi 201 SELLER: L. McKee SELLER: A. McKee Dater/ 2, -,IS Date: 5//F This form is pnnted and distributed by tha Idaho Assoc anon of REALTORS', 2 Ind. This form has b en designed and is provided for use by the real estate profess 1s who are members of the Idaho Assodalion of REALTORS'. USE BY ANY OTHER PERSON 1S eROHII3n'@0- FCopynght Idaho A59oclation of REALTORS'". Int. AU rights reserved_ JULY 2018 EDMON RE -11 ADDENDUM Page 1 of 1I xnaHr_619520-200153-68459i2 Prepared by: James Woodland I KELLER WRLW4ilS REALTY EAST ID i 2082001and�gmail.com 12085268889 ` JULY 2018 EDITION RE -41 AGENCY REPRESENTATION & RESPONSIBLE Page of 1 0 q. BROKER DISCLOSURE Q A �O THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. EQUAL Hovsw6 IDH avraRry Hi.r REALTORS`N' IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY ANDIOR ACCOUNTANT BEFORE SIGNING. ID# 091320181 DATE September 24, 2018 LISTING AGENCY Keller Williams Realty East Idaho Office Phone # Fax # Listing Agent Jim M. Woodland E -Mail 208200iand@gmail.com Phone # 208-200-5263 SELLING AGENCY Keller Williams Realty East Idaho Office Phone # Fax # Selling Agent Jim M. Woodland E -Mail 2082001and@gmail.com Phone # 208-200-5263 9 1. BUYER(S): C hubbuck Development Authority 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 2. SELLER(S). William L. & RaNae McKee H1W and Jared L. & Brittany A. McKee H1W 3. PROPERTY ADDRESS AND LEGAL DESCRIPTION. The property address and the complete legal description of the property are as set forth below. Address Property in the vicinity of 152 Evans Lane see Exhibit A of the PSA ID# 091320184 County Bannock City Chubbuck Zip 83202 Legal Description see Exhibit A of the PSA ID# 091 0 81 or ❑x Legal and/or Property Description Attached as exhibit A (Exhibit must accompany original offer and be signed or initialed by BUYER and SELLER.) 4. The undersigned party(ies) acknowledges that each party will be represented by the Listing and Selling Agencies as follows: REPRESENTATION CONFIRMATION. Check one (1) box in Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S). Section 1: ❑ A. The brokerage working with the BUYER(S) is acting as an AGENT for the BUYER(S). ❑ B. The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT. ❑ C. The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S). ❑x D. The brokerage working with the BUYER(S) is acting as a NONAGENT for the BUYER(S). Section 2: ❑x A. The brokerage working with the SELLER(S) is acting as an AGENT for the SELLER(S). ❑ B. The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), without an ASSIGNED AGENT. ❑ C. The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S) and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S). ❑ D. The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho real estate commission and has consented to the relationship confirmed above. In addition, each party confirms that the brokerage's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 5. THE RESPONSIBLE BROKER SHALL BE: Michael Johnston . The Responsible Broker shall be accountable for holding the completely executed copy of the underlying Purchase and Sale Agreement. ❑ BUYER does currently hold an active Idaho real estate license. ❑ BUYER is related to agent. Date: `'ZS` Date: - -715- -4 0 57 ❑ SELLER does currently hold an active Idaho real estate license. ❑ SELLER is related to agent. 58 59 SELLER: Date: 66 61 SELLER: Date: This form is pnnled and disMbuled by Iha Idaho Association of REALTORS°, Inc. This form has been designed and is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS°- USE BY ANY OTHER PERSON IS PROHIBITED. ©Copyrighl Idaho Association of REALTORS•, Inc_ Ali rights reserved. JULY 2018 EDITION RE -41 AGENCY DISCLOSURE Page i of 1 SenslM 030746-300463-7815964 { - Prepared by James Woodland KELLER WILLIAMS REALTY EAST i� 2062001and ` 0l 1 � f 4 -11 l I �-'l � t C I f ' I I �gmail.com { 2086288888 A Consumer Guide to Understanding Agency Relationships in Real Estate Transactions Duties owed to Idaho consumers by a real estate brokerage and its licensees ® are defined in the "Idaho Real Estate Brokerage Representation Act." Idaho Code 54-2082 through 54-2097. This informational brochure is published by the Idaho Real Estate Commission. Effective July 1, 2018 Right Now You Are a Customer.1 Idaho law says a real estate brokerage and its licensees owe the following "Customer" duties to all consumers in real estate transactions: "Agency" is a term used in Idaho law that describes the relationships between a licensee and the parties to a real estate transaction. • Perform necessary and customary acts to assist you in the purchase or sale of real estate; • Perform these acts with honesty, good faith, reasonable skill and care; • Properly account for money or property you place in the care and responsibility of the brokerage; and • Disclose "adverse material facts" which the licensee knows or reasonably should have known. These are facts that would significantly affect the desirability or value of the property to a reasonable person, or facts establishing a reasonable belief that one of the parties cannot, or does not intend to, complete obligations under the contract. If you are a Customer, a real estate licensee is not required to promote your best interests or keep your bargaining information confidential. If you use the services of a licensee and brokerage without a written Representation (Agency) Agreement, you will remain a Customer throughout the transaction. A Compensation Agreement is a written contract that requires you to pay a fee for a specific service provided by a brokerage, and it is not the same as a Representation Agreement. If you sign a Compensation Agreement, you are stili a Customer, but the brokerage and its licensees owe one additional duty: • Be available to receive and present written offers and counter-offers to you or from you. You May Become a Client If you want a licensee and brokerage to promote your best interests in a Y� transaction, you can become a "Client" by signing a Buyer or Seller Representation (Agency) Agreement. A brokerage and its licensees will owe you the following Client duties, which are greater than the duties owed to a Customer: Important Notice: Never wire money without double-checking that the wiring instructions are correct. Cyber criminals are hacking email accounts and sending fake wiring instructions. Always independently confirm wiring instructions in person or via a telephone call TO a trusted and verified phone number. • Perform the terms of the written agreement; • Exercise reasonable skill and care; • Promote your best interests in good faith, honesty, and fair dealing; • Maintain the confidentiality of your information, including bargaining information, even after the representation has ended; • Properly account for money or property you place in the care and responsibility of the brokerage; • Find a property for you or a buyer for your property, and assist you in negotiating an acceptable price and other terms and conditions for the transaction; • Disclose all "adverse material facts' which the licensee knows or reasonably should have known, as defined above; and • Be available to receive and present written offers and counter-offers to you or from you. The above Customer or Client duties are required by law, and a licensee cannot agree with you to modify or eliminate any of them. A "Sold" price of property is not confidential client information, for either buyers or sellers, and may be disclosed by a licensee. If you have any questions about the information in this brochure, contact: Idaho Real Estate Commission (208)334-3285 irec.idaho.aov Serbalff:024595-000153-7815842 ��ii"it�lS[I11 1tr't � Prepared by James Woodland I KELLER WILLIAMS REALTY EAST 10 1 2082001and§rgmaiLcom 1 2085298888 - LAgency Re resentation Sin le A enc Under "Agency Representation" (sometimes referred to as P 9 9 Y1 "Single Agency"), you are a Client and the licensee is your Agent who represents you, and only you, in your real estate transaction. The entire brokerage is obligated to promote your best interests. No licensee in the brokerage is allowed to represent the other party to the transaction. If you are a seller, your Agent will seek a buyer to purchase your property at a price and under terms and conditions acceptable to you, and assist with your negotiations. If you request it in writing, your Agent will seek reasonable proof of a prospective purchaser's financial ability to complete your transaction. If you are a buyer, your Agent will seek a property for you to purchase at an acceptable price and terms, and assist with your negotiations. Your Agent will also advise you to consult with appropriate professionals, such as inspectors, attorneys, and tax advisors. If disclosed to all parties in writing, a brokerage may also represent other buyers who wish to make offers on the same property you are interested in purchasing. Limited Dual Agency "Limited Dual Agency" means the brokerage and its licensees represent both the buyer and the seller as Clients in the same transaction. The brokerage must have both the buyer's and seller's consent to represent both parties under Limited Dual Agency. You might choose Limited Dual Agency because you want to purchase a property listed by the same brokerage, or because the same brokerage knows of a buyer for your property. There are two kinds of Limited Dual Agency: Without Assigned Agents The brokerage and its licensees are Agents for both Clients equally and cannot advocate on behalf of one client over the other. None of the licensees at the brokerage can disclose confidential client information about either Client. The brokerage must otherwise promote the non -conflicting interests of both Clients, perform the terms of the Buyer and Seller Representation Agreements with skill and care, and other duties required by law. With Assigned Agents The Designated Broker may assign individual licensees within the brokerage ("Assigned Agents") to act solely on behalf of each Client. An assigned Agent has a duty to promote the Client's best interests, even if your interests conflict with the interests of the other Client, including negotiating a price. An Assigned Agent must maintain the Client's confidential information. The Designated Broker is always a Limited Dual Agent for both Clients and ensures the Assigned Agents fulfill their duties to their respective clients. What to Look For in Any Written Agreement with a Brokerage A Buyer or Seller Representation Agreement or Compensation Agreement should answer these questions: • How will the brokerage get paid? • Can I work with other brokerages during the time of my • When will this agreement expire? agreement? • What happens to this agreement when a • What happens if I buy or sell on my own? transaction is completed? • Under an Agency Representation Agreement, am I willing to • Can I cancel this agreement, and if so, how? allow the brokerage to represent both the other party and me in a real estate transaction? Real Estate Licensees Are Not Inspectors Unless you and a licensee agree in writing, a brokerage and its licensees are not required to conduct an independent inspection of a property or verify the accuracy or completeness of any statements or representations made regarding a property. To learn about the condition of a property, you should obtain the advice of an appropriate professional, such as a home inspector, engineer or surveyor. Audio/Video Surveillance Use caution when discussing anything while viewing a property-, audio or video surveillance equipment could be in use on listed properties. If you sign a Representation Agreement or Compensation Agreement with a licensee, the contract is actually between you and the licensee's brokerage. The Designated Broker is the only person authorized to modify or cancel a brokerage contract. The licensee who gave you this brochure is licensed with: Name of Brokerage: _ Keller Williams Realty East Idaho _ _ Phone: 208-232-9010 RECEIPT ACKNOWLEDGED By signing below, you acknowledge only that a licensee gave you a copy of this Agency Disclosure Brochure. This docu ment is t a contract, and signing it does not obligate you to anything. ;;;2 - -r�/_ Date— L _7.? ` R Signature Date Rev 07101118 Seria1g: 024596-000163-7815842 i toil t 4I l l'r P1 I CA C y Prepared by: James woodland j KELLER WILLIAMS REALTY EAST ID ] 2082o01andQgmail.cam ] 2085298888 CHUBBUCI( The urban renewal agency in the City of Chubbuck, Idaho William & Ranae Mckee 8621 W Buckskin Rd. Pocatello, ID 83201 February 12, 2021 Dear McKees, City of Chubbuck 5160 Yellowstone Avenue PO Box 5604 Chubbuck, ID 83202.0006 208.237.2400 I apologize for not being available today when you come into the sign the quietclaim deed for the property that was quiet titled from Frank and Dallice Williams to William and Ranae. I look forward to meeting you soon and discussing your property on E Chubbuck Road. That property is a key site in helping create a long-term downtown Chubbuck, just as the properties were that the CDA has purchased from you. The rest of this letter is driven from the terms of the purchase sale agreement: In accordance with the purchase and sale agreement between yourself and the Chubbuck Development Authority for properties on Evans Road, with the November 2020 payment of $150,000 the Chubbuck Development Authority has paid $850,000 of the $1,000,000 note and in accordance with section 2.4 of the agreement which states that, "When buyer has paid the $800,000 of principal, Buyer will give Seller one hundred eight (180) days' notice to vacate the residential properties during which time Buyer will be responsible for all insurance, maintenance, and management of said properties." 180 days from today, February 12, 2021, is August 11, 2021. Based on a phone discussion on February 11, 2021 between myself and Bill, Bill indicated that the renters had previously been told that they could stay through the end of the year. While I cannot speak for the CDA Board, I believe that they will be amenable to extending the terms of the lease arrangement and suggest that you make this request to the Board to see if they are interested. We can discuss this in more detail upon your receipt of this letter. Upon review of the purchase and sale agreement, there is nothing indicated about retaining salvage rights to the residential properties and any request to retain and relocate any of the residential houses will need to be approved by the Chubbuck Development Authority in accordance with the legal framework governing urban renewal agencies in the state of Idaho. In our discussion on February 11, 2021, Bill and I also discussed the likely intent of the CDA to pay off the note in full with a $150,000 payment during calendar year 2021. Although I'm not sure of the timing, it is likely that the CDA will desire to do it sooner than later so as to kickstart the obligation to give 180 days day vacate the commercial property at 140 Evans Lane and the 240 days of salvage rights to the building. Currently, the CDA plans that as soon as it is able, they will demolish the structures and prepare the properties for redevelopment and sale for uses aligned with the new Chubbuck Downtown. Whereas section 4.5 of the agreement indicates that certain properties were encumbered with mortgages or deeds of trust which encumbered the property and that were agreed to be repaid, please provide written correspondence in accordance with the agreement to me regarding where these properties stand in terms of outstanding debt so that I can input the information into our records. If you have any questions, please do not hesitate to reach out to me. Again, I'm excited to chat about development plans with you and to work out the remaining details for the CDA's properties. These properties will all have such a tremendous long-term benefit to this small, but every growing, great city. Sincerely, Devin Hillam Executive Director, Chubbuck Development Authority Director, City of Chubbuck Community Services & Economic Development Department Mobile: (208) 557-1781 Office: (208) 239-3239 Email: dhillam@cityofchubbuck.us Attached: Purchase and Sale Agreement From: Devin Hillam To: wmckee(a Idschurch.ora Cc: Jim Woodland Bcc: Annette Baumeister; "TJ Budge"; Rodney Burch Subject: Terms of Purchase Sale Agreement- Mckee Date: Thursday, September 30, 20214:37:00 PM Attachments: Letter re position and remaining funds 2.12.21.pdf Closing Statement & Alliance Title Paperwork.pdf M Thanks for talking with me today. I've attached a letter that was provided to you in February 2021 (when you signed the quiet title document to CDA at the old City Hall) wherein I attached the purchase sale agreement that contains the terms for possession of the various buildings. Section 2.4 breaks out 2 processes for possession. Once the CDA paid $800,000 and 180 notice was provided to vacate, the CDA would take full possession of everything, except the counseling facility, including being responsible insurance, maintenance, and management. Under the purchase sale agreement, everything that is not on the commercial property at 140 Evans Lane or otherwise owned by renters is the property of the Chubbuck Development Authority, including residences, outbuildings, fences, etc. The 180 days date for that possession per the February 2021 letter was August 11, 2021. Per section 2.4 of the agreement, the CDA asks that you vacate all properties except for 140 Evans of all occupants and tenants so that the CDA can take action to dispose of the residences or demolish them according to the wishes of the Agency. In recognition that August 11th has since passed and in order to afford time for current occupants to find other housing, the Agency is willing to allow the properties to not be vacated per the terms of the agreement until October 31St; if of the properties that are not 140 Evans Ln do not have tenants currently, we ask for the keys to the structures immediately since now the 8/11/21 date has passed. If there are extenuating circumstances that would not allow for the October 31St date to be satisfied, please let me know as soon as possible. There are no allowances in the agreement that provide for salvage rights of anything except for the commercial property at 140 Evans Ln. Once the note is paid in full (CDA is scheduled to pay it in October 2021), the agreement states that "seller shall retain salvage rights to the commercial property at 140 Evans Lane, Chubbuck, at Buyer's discretion, until two hundred forty (240) days after the note has been paid in full, after which time all salvage rights shall expire." The CDA is amenable to proposals to remove its personal property consisting of the residences at everything except 140 Evans but in accordance with Idaho Code, must dispose of the personal property to the highest bidder through a competitive bidding process through with the Agency must publish advertisement of public sale for thirty days. If no bids are received or if none of the bids are determined to be in the best interest of the CDA, the Agency can dispose of the surplus personal property in any manner to maximize its financial return. I recognize that the intent next year of the CDA will be to demolish the residences and the commercial structure (if the commercial structure remains on site after 240 days) and that there is a cost associated with demolition and removal- even a $0 offer to remove the residences is a financial gain for the Agency and would be one that I'm sure they'd consider. With the final payment remaining, I ask also for evidence that the encumbered properties as listed in section 4.5 of the agreement have had debt payments made such that the CDA's property is/will be entirely unencumbered. I just spoke with Jim Woodland and understand that he and I will be talking further as soon as tomorrow. I'd like to meet with you to discuss transfers of the properties to the Chubbuck Development Authority per the agreement when you have time in the near future and to discuss any other issues/questions that you may have. The CDA is open to disposing of its personal property and providing you with an opportunity to respond and is open to discussions. Please let me know a time when you're available and we'll get it on our calendars. Sincerely, Devin Hillam, AICP, MPA I Chubbuck Development Authority Executive Director 290 E Linden Ave. Chubbuck, ID 83202 Office: (208) 239-3239 Work Cell: (208) 557-1781 mmnp� Clp4Fa OLSON Colail C1# RA d 4 C Y P via #TTopqr ll ` �•' j a. 7022 jarL. jjPjj , �Ck&V( ljschter'h-off hubh sc4 He! ptA rchA Ito Chub er 24 '�r Hill.-arivedated - t "s Of to ;r the ran t fctmr --s he' ority ait oritit some M mor �����tx� �� Ote reS1. � buck vel�����t �, u l h feted that trap sacl<t �r� � alk •�� , rr� to deviation' related ' $ FebM-" 7— d be The-rxi i .�I * tho p�tieg �rVrk�all}Sent Ou a 1'tt daled t�� ���d he r gn r-� eni. . t C property at 141 � Evans rt 1r . ' � s3 -and ��'Pec ugh,, .. � e grccmcnt to rt'ajreflect jhDevti Mam. atzeag CrUes he .8 proposednt to t curathi% VC ei reflects f1 cts ,tIr -agfe ement- njore c�or��f' ale i[fa r�~[ern it #�� �'� ��r� t� ��n��� that tt �� ������� �.� this letter 1 1c� -arl� ,122 require i r� tr<�t til � r��t��n�i a1 ��;� ; � ��ber 31, 7' gement throla h 'ir tem of tPurchase, �� � ` d Devin vcirbally agird that our tenants c out d stay 1i ed. r- 1* r knowIL:d9c they have VaMp August 11, 0 t at dat-e# ; � them asL 1 t ru t d V Ur tenants to he out by � � � �� dose to your jen amts Stagy} 9 'Lo have Waives any Claims it could have fOr rent r s, it will be tete responsibilit 0 Iter i_s foLind within any -of the build'� rI flop. OF • } ted, Bili ste CM11SSI n to re O e r1 i fug b T 0 �.. , ` l��requ h re u f �t M o f �e ���1 �ro� � The D ralits bot � ed bar�do e avid gill be ffi�p0s, property t 140 Earp 11 tli bebi i1�rwter a fter hick a of by the CDA., i moliti on of the commercial pTO .1 jq e � e �}velyoulf Third, CDA des r s to Pr fth� rtt. You ars under section 2.4 to allow the C DA to proceed with clemo ItIOn. n derstandin g pj C ase I et Me k"�-)% . con F, rm your agreem cnt. inelp THOMAS J. NUL)GE Februa IrY7 page tt 10mail to Fri � d 14x1 191rr, • m w0coland (via 'hase all that f the sell is u � ?()Ig, ac rIO 1 stittX rl1 At-Itec, eters-Lbr x The ��d ��i �t� �me�t ut�����t ��i� r and c �� ��rl�OTILic-t ac uratel fl t wil h L. ' "EJ -16-,O RE Jar, McKee Brittany A - N4 IL^� ep"o- M ee r)at ate Date-. Date'. Z 2,z Don Matson From: Jared McKee <customrehab@gmail.com> Sent: Wednesday, April 6, 2022 12:49 AM To: Don Matson Subject: Fwd: Proposed Village Zone Hi Don, I sent this off to the city council. On the letter, it really didn't specify where I needed to send this letter. I hope you and other members in the city council can get it to where it needs to be. Sincerely Forwarded message From: Jared McKee <customrehab@gmail.com> Date: Tue, Apr 5, 2022 at 11:56 PM Subject: Proposed Village Zone To: <mevans@citvofchubbuck.us>, <dheiner@citvofchubbuck.us>, <dhernandez@citvofchubbuck.us>, <nreece@citvofchubbuck.us>, <kengland@citvofchubbuck.us> 4/5/2022 Dear Chubbuck City Council and Chubbuck Planning and Zoning Council, I am a business owner and a property owner at 265 E Chubbuck Road, and am writing this letter to petition AGAINST moving forward with voting in favor of the Proposed Village District Zone for the following reasons: • The Proposed Village District does not show that there has been an Impact Analysis on the current Business owners or current property owners. In my quick assessment of the 134 page, Comp Plan Amendment Proposal, I have yet to see a list of Businesses and/or land owners that Actually reside in the proposed Zone and an attempt to include them in the future planning. o These are individuals that have given their whole life to a Business Plan or Financial plan to support their lives, families and/or retirement. Most of these instances there has been YEARS of preparation and planning for their future. o In regards to me, I spent 7 years for a Doctorate level degree of education and over 10 years slowly building my business to what it is today. It has been hard and it has been a gamble to plan for my livelihood as an entrepreneur in Chubbuck to support my future growth and eventual retirement. I have invested my personal money in land with a plan to build a future clinic and other investment ideas. This has taken my personal time and planning with an understanding of basic knowledge of Commercial Zoning. Now at the drop of a hat, I really don't understand my ability to grow in the future, options I may have, what it could entail and the money required to do. ■ I don't have a knowledge of the requirements of terminology, future growth options, development options and the cost that it would require me. Can I sell my property or build something on it, what are the regulations as it pertains to my future goals? If this is passed, my decisions are inevitably left to others that want to regulate this area, when I have worked hard to acquire my future options. Right now, I feel like I'm not sure what my future options are. Might be good, better, or worse. I don't know. ■ I'm a Physical Therapist. I wasn't trained in understanding of what the definitions of "set backs" or other 'designs and frontages. My future building plans are now being decided for me. Had I known, I may not have wanted to purchase land in the "Village Zone". • Why isn't there a Current Map of the Proposed Zone and the current businesses involved? Ultimately, we still don't know what this plan really will be, because the city is only in control of some of these properties. We need to see a visual representation of what that Zone actually is with the current business in it. This will help us see if we can really even get to represented picture of what you're voting towards. o I can't believe that the map that we are voting for doesn't even represent what our current situation is right now. I think that it would benefit all on the voting board to see the current businesses shown on your Proposal as if they are "a part of the Village Zone and not Excluded out". ■ The "Concept Plan" has been flashed around for a few years now, not every updated to reflect who is actually there and how the "Village" would actually look if we passed it. ■ Why are only some businesses on your map listed as an "Existing Business?" ■ I don't have all the details, however others have stated that the majority of the current business don't fit the criteria for the "Village Zone". • Why would we pass something that is not inclusive to these business as commercial zone as they are currently? • Why not allow each existing business to function as their own Commercial Zone? • Why is ICCU in a commercial Zone and the rest of us have to fit to a higher standard of the village zone? o — It seems like we are trying to match the "ICCU beautification" which is great, however they seem to have plenty of money to purchase many of these properties around town and could likely afford keeping their business up to the new code, yet they are opted into the commercial zone. I don't know if I can afford to "keep up with the Jones in the future". ■ As a business owner and property owner, I feel very slighted that I am not represented in your future planning. • 1 would hope for a meeting scheduled for all business and property owners to have these questions answered and suggestions made, so we are included in the future of our planning. o IN contrast, I received the letter for this meeting from a patient in my clinic. And found out that my letter was sent to my dads address. This tells me that the time was not spent to reach out to other business owners in the Impact Zone, to get their input. ■ I feel like my life is busy, which is my own doing. However, I do feel that I am trying to do good in the city of Chubbuck. As a family man of 7, married with 5 kids, as a business owner, clinician, as a coach of 2 community baseball teams. I am quickly writing this letter at 11pm the night before it's due. I will likely not be able to attend these meetings because of prior obligations, however that does not mean that you should just pass these regulations to my property, pretending that everyone is on board. ■ I fear that there are other businesses and property owners that may have other concerns that ultimately were left out of this process or maybe busy creating their business life, who will one day realize that they have been blindsided in this decision. ■ Decisions of this magnitude should be a city vote or have more city surveys to really understand what we want. • The Methodology and Analysis are outdated and incomplete. o The Questionnaires from 2018, received only 409 responses which is 2.8% of the population of Chubbuck (409/14,644), however 332 were from those who lived in Chubbuck which would be 2.2% of the population of Chubbuck. ■ HOW many of them were in the actual Village Zone and would be Impacted by the new regulations? ■ 2018 is 4 years ago • A lot has happened in 4 years even in relation to Covid19. I believe everyone looks at life differently after 2020. o In the Analysis it shows an Aerial Picture from 2003 of the Village Zone, stating " the lack of current commercial development and redevelopment trends on Yellowstone Ave and surrounding areas" This is very outdated of the current situation the Village Zone is in now. • 1 have always planned to build and grow my business in the future. Now, I have to trust that someone else is looking out for my best interest, even when they haven't asked me what my future plans are. Again, this could be a good change, Great change, or a bad change, because we can't predict the future. • 1 don't want to gamble on a 134 page document, that I don't understand with specific regulations that will determine my future planning and ultimately affect my investments and retirement. Again, this was not part of my formal education, however I am now expected to understand this document quickly and assess if it will be a positive direction for my family, future business life and future investments. Thank you sincerely for listening to a few of my concerns. Again, I do not feel that the majority is against moving in this direction, however I do not think that we should be regulating everyone in this area without further meetings with all of those involved and potentially impacted by these specific changes. I hope to be included in the decision making and ideas in future. Sincerely, Jared McKee 857 Sheba Rd Chubbuck, ID 208-244-1882 Custom Rehab, «< "Individual Physical Therapy Services" 265 E. Chubbuck, Rd Ste. A Chubbuck, ID, 83202 customrehab@gmail.com Ph: (208) 417-0011 Fax: (888) 437-2431 Dakota Crump Office Manager, Billing Custom Rehab, «< "Individual Physical Therapy Services" 265 E. Chubbuck, Rd Ste. A Chubbuck, ID, 83202 customrehab@gmaiI.com Ph: (208) 417-0011 Fax: (888) 437-2431 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.