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Home My WebLink AboutItem #2 Annexation & Initial ZoningCITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN IDENTIFIED LANDS IN SECTION 35 AND SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, ALSO, CERTAIN IDENTIFIED LANDS IN SECTION 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, ALSO, CERTAIN IDENTIFIED LANDS IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 35 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, TO BE INCLUDED WITHIN THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUCK, IDAHO AND WHICH ARE SPECIFICALLY SET FORTH BELOW; AND SPECIFYING THE ZONING CLASSIFICATION FOR THE NEWLY ANNEXED AREA; DIRECTING THE CHUBBUCK CITY CLERK TO RECORD THE ORDINANCE WITH BANNOCK COUNTY, REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Annexation. The following described lands, located within Bannock County and contiguous to the existing boundaries of the City of Chubbuck, Idaho are hereby annexed and included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho: THOSE PORTIONS OF LAND AS DESCRIBED IN CORRECTED QUITCLAIM DEED RECORDED AS INSTRUMENT NO. 21514114 AS FOLLOWS: THOSE PORTIONS OF THE FOLLOWING PROPERTIES THAT LAY EAST OF INTERSTATE 15; NEI/4 OF THE SE 1/4, SE 1/4 OF THE NE 1/4, OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; ALSO, THE E 1/2 OF THE SE 1/4, SE 1/4 OF THE NW 1/4, W 1/2 OF THE SE 1/4, OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; ALSO, THAT PORTION OF THE SW 1/4 OF THE NW 1/4, SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, LYING EAST OF INTERSTATE 15; ORDINANCE - PAGE 1 ALSO, THAT PORTION OF THE SW 1/4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686; ALSO, THAT PORTION OF LOTS 1 & 2, SECTION 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686; ALSO, THAT PORTION OF LOT 4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 35 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686. Section 2. Zoning. The lands newly annexed to the City of Chubbuck, Idaho, as set forth in Section I above, shall be subject to the zoning classification of Agricultural (A). Section 3. Recording. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. Section 4. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 5. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 6. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effect upon its passage, approval and publication as provided by law PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 2022. ORDINANCE - PAGE 2 Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK ORDINANCE - PAGE 3 111111111111k. Engineers � ePlanners � Wo East Oak Stroat F0Cabf4/O &wf r2wJ 22"f fe wwwrmes.bk LEGAL DESCRIPTION — RUPP ANNEXATION INTO THE CITY OF CHUBBUCK THOSE PORTIONS OF LAND AS DESCRIBED IN CORRECTED QUITCLAIM DEED RECORDED AS INSTRUMENT NO. 21514114 AS FOLLOWS: THOSE PORTIONS OF THE FOLLOWING PROPERTIES THAT LAY EAST OF INTERSTATE 15; NE1/4 OF THE SE 1/4, SE 1/4 OF THE NE 1/4, OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; ALSO, THE E 1/2 OF THE SE 1/4, SE 1/4 OF THE NW 1/4, W 1/2 OF THE SE 1/4, OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; ALSO, THAT PORTION OF THE SW 1/4 OF THE NW 1/4, SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, LYING EAST OF INTERSTATE 15; ALSO, THAT PORTION OF THE SW 1/4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686; ALSO, THAT PORTION OF LOTS 1 & 2, SECTION, 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686; ALSO, THAT PORTION OF LOT 4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 35 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686. EN 18971 x T ? p g\"qN 0 Focused on Solutions Civil + Environmental + Transportation 4 Planning 1 Land Development + Municipal + Surveying / 26 25 NORTHWEST CORNER OF 35 36 / SECTION 36. FOUND / MONUMENT AS DESCRIBED PER CP&F INST. NO. 20520344 I / i o rn /c�0 in N / > M / N M W89'53'1 7" E 5290.73' 25 - 36 NORTH 1/4 CORNER OF SECTION 36. NOTHING FOUND OR SET AS LOCATION LANDS IN CULTIVATED FIELD. N 1/2 OF THE NW 1/4 ` SECTION 36 / SEE RECORD OF SURVEY - FOR J.R. SIMPLOT o C) INST. NO. 735412 !!� NORTH 1/16 CORNER ON THE ' (!) WEST LINE OF SECTION 36. r NOTHING FOUND OR SET AS / LOCATION LANDS IN INTERSTATE 15. SEE CP&F INST. NO. 735420 i I v 0 98.37' # BEARING I- SE 1/4 OF l THE NE 1/4 co SECT/ON 35 (EAST OF/ -15 / RIGHT-OF-WAY) / 35 - 1322.89' - 1 N 36 NE 1/4 OF () WEST 1/4 CORNER OF SECTION 36 THE SE 1/4 ' FOUND MONUMENT BENT WITH N SECTION 35 I CAP. SEE CP & F INST. NO. 735416 (EAST OF /-15 RIGHT -OF -WA V) M C0 1 ' coo M N M CO co S 89°52'06" E 2644.75' .'jMU_S 89°52'06" E 2546.38' OIM M o o THE ARDEN D. HALE TRUST MIO INST. NO. 722338 I r I 2647.02' NE 1/4 SECT/ON 36 25 30 36 31 NORTHEAST CORNER OF SECTION 36. FOUND MONUMENT AS DESCRIBED PER CP&F INST. NO. 735419 orm"11- SW 1/4 OF THE NW 1/4 SE 1/4 OF THE NW 1/4 SECT/ON 36 SECT/ON 36 LOT 1 SECTION 31 SEE RECORDS OF SURVEY FOR GATE CITY SPORT SHOOTERS ASSOC. INST. NOS. LO CD 20002814 & 22102664 �n - 0 N Lu C-0 LINE TABLE # BEARING DISTANCE L1 N 00°49'09" W 199.39' L2 N 19°10'22" E 242.09' of z THE VEDA J. RUPP REVOCABLE LIVING AGREEMENT OF TRUST (AMENDED) INST. NO. 21514114 LOT 2 pp SECTION 31 31 I O I r ° I EAST 1/4 CORNER OF O CENTER 1/4 CORNER OF SECTION SECTION 36. FOUND 36. NOTHING FOUND OR SET AS MONUMENT AS LOCATION IS IN A CULTIVATED DESCRIBED PER CP&F FIELD. SEE CP&F INST. NO. 735414 INST. NO. 21108788. _ 1322.89' S 89°50'55" E 2641.38' (SEE NOTE 2) 36 S 89°50'55" E 5287;IT 36 %NO I i I ITHE VEDA J. RUPP REVOCABLE LIVING 1 a, AGREEMENT OF TRUST (AMENDED) I cM, INST. NO. 21514114 N I Jo 00 W 1/2 OF THE SE 1/4 N SECT/ON 36 SW 1/4 U ' SECTION 36 y N 90000'00" W 1320.05' M I N ° �I o N I MMQ � M M r �I L0 w I O WHITE (JACOBSEN) I I O SOUTH 1/4 CORNER OF O SECTION 36. FOUND 1.5" OI ALUMINUM CAP MONUMENT w w MLO IM w U) LOLO I E 1/2 OF THE SE 1/4 SECTION.36 I I O I APPROXIMATELY 9' SOUTH OF I I I SECTION 6. NORTHWEST R HWE 96ORN BOER OM z THE NORTH LINE OF SECTION 1. SEE CP & F INST. NO. 735417 I PER CP & F INST. NO. 735423 I 35 36 830.84' _ S 89057'06" _W 1906.25' _ _ 36 T. 5 S., R. 34 E. S 89°31'44" E 2553.84' 36 31 I 2 1 1 T. 6 S., R. 34 E. NORTHEAST CORNER OF 1 6 SECTION 1. 5/8" REBAR WITH I THOMPSON (CREEK HOLLOW & ASSOC.) I NORTHEAST CORNER OF I 2" ALUMINUM CAP STAMPED I N NORTH 1/4 CORNER OF SECTION 1. I GOVERNMENT LOT 4. NOTHING "RMES PELS 2341" PER CP&F O FOUND BANNOCK COUNTY BCM. FOUND OR SET. CALCULATED I INST. NO. 21800885. I SEE CP & F INST. NO. 21808352 POSITION PER CP & F INST. NOS C4 I 94013315-21 AND ORIGINAL SURVEYS I I I 00 I GOVERNMENT LOT 4 GOVERNMENT LOT 3 W GOVERNMENT LOT 2 GOVERNMENT LOT 1 6 GOVERNMENT LOT 4 SECTION 1 SECTION 1 en SECT/ON 1 SECT/ON 1 N SECT/ON 6 I I I Ico I W II IZ b LANDS PREVIOUSLY LO b I ANNEXED PER CITY OF rn I o I CHUBBUCK ORD. NO. 780 L I 2565.72' z 1110.07' INST. NO. 21818686 0 d o�-- Z --�-- N -- ----NL9DT-011 '_1N�75_7W --�-- I O in - LANDS PREVIOUSLY N �i ANNEXED PER CITY OF CHUBBUCK ORD. NO. 780 II U S 1/2 OF THE NW 1/4 INST. NO. 21818686 N I 00 SECTION 1 o CD I z . SEE RECORD OF SURVEY FOR RUPP & TOWN CENTER JV I INST. NO. 21808363 WEST 1/4 CORNER OF SECTION 1. FOUND 1" IRON ROD WITH NO CAP PER CP & F INST. NO. 20520359 1 S 89°54'37" E 2629.33' I rn S 1/2 OF THE NE 1/4 c'' SECTION 1 0 It CREEK FOLLOW & ASSOC. 1. CENTER 1/4 CORNER OF SECTION EAST 1/4 CORNER OF SECTION FOUND 2" CITY OF POCATELLO 1.5/8" REBAR WITH 2" ALUMINUM CAP STAMPED WITH PLS 12457". HORIZONTAL CONTROL MONUMENT SEE CP & F INST. NO. 21808353 PER CP & F INST. NO. 94013315 - BASIS OF BEARINGS 1 S 89°54'37" E 2623.48' S 0°10'58" W 56.61' 1 GOVERNMENT LOT 5 SECT/ON 6 WEST 1/4 CORNER OF SECTION 6. 5/8" BY 24" REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341" RECORDED AS INST. NO. 21707718 S 89047'38" E 1114.26' N 9°20' 1319. CURVE TABLE # RADIUS C14 ARC LENGTH MOUNTAIN VIEW FARMS, INC. LID m _ INST. NO. 737906 co 0°47'11" 154.78' N S 06°56'28" W 154.78' �I _ SEE RECORD OF SURVEY 10°50'19" FOR MTN. VIEW FARMS, INC. 1072.86' INST. NO. 21108789 LIDI 60 o LOT 4 O SECTION 31 U) I I I O I APPROXIMATELY 9' SOUTH OF I I I SECTION 6. NORTHWEST R HWE 96ORN BOER OM z THE NORTH LINE OF SECTION 1. SEE CP & F INST. NO. 735417 I PER CP & F INST. NO. 735423 I 35 36 830.84' _ S 89057'06" _W 1906.25' _ _ 36 T. 5 S., R. 34 E. S 89°31'44" E 2553.84' 36 31 I 2 1 1 T. 6 S., R. 34 E. NORTHEAST CORNER OF 1 6 SECTION 1. 5/8" REBAR WITH I THOMPSON (CREEK HOLLOW & ASSOC.) I NORTHEAST CORNER OF I 2" ALUMINUM CAP STAMPED I N NORTH 1/4 CORNER OF SECTION 1. I GOVERNMENT LOT 4. NOTHING "RMES PELS 2341" PER CP&F O FOUND BANNOCK COUNTY BCM. FOUND OR SET. CALCULATED I INST. NO. 21800885. I SEE CP & F INST. NO. 21808352 POSITION PER CP & F INST. NOS C4 I 94013315-21 AND ORIGINAL SURVEYS I I I 00 I GOVERNMENT LOT 4 GOVERNMENT LOT 3 W GOVERNMENT LOT 2 GOVERNMENT LOT 1 6 GOVERNMENT LOT 4 SECTION 1 SECTION 1 en SECT/ON 1 SECT/ON 1 N SECT/ON 6 I I I Ico I W II IZ b LANDS PREVIOUSLY LO b I ANNEXED PER CITY OF rn I o I CHUBBUCK ORD. NO. 780 L I 2565.72' z 1110.07' INST. NO. 21818686 0 d o�-- Z --�-- N -- ----NL9DT-011 '_1N�75_7W --�-- I O in - LANDS PREVIOUSLY N �i ANNEXED PER CITY OF CHUBBUCK ORD. NO. 780 II U S 1/2 OF THE NW 1/4 INST. NO. 21818686 N I 00 SECTION 1 o CD I z . SEE RECORD OF SURVEY FOR RUPP & TOWN CENTER JV I INST. NO. 21808363 WEST 1/4 CORNER OF SECTION 1. FOUND 1" IRON ROD WITH NO CAP PER CP & F INST. NO. 20520359 1 S 89°54'37" E 2629.33' I rn S 1/2 OF THE NE 1/4 c'' SECTION 1 0 It CREEK FOLLOW & ASSOC. 1. CENTER 1/4 CORNER OF SECTION EAST 1/4 CORNER OF SECTION FOUND 2" CITY OF POCATELLO 1.5/8" REBAR WITH 2" ALUMINUM CAP STAMPED WITH PLS 12457". HORIZONTAL CONTROL MONUMENT SEE CP & F INST. NO. 21808353 PER CP & F INST. NO. 94013315 - BASIS OF BEARINGS 1 S 89°54'37" E 2623.48' S 0°10'58" W 56.61' 1 GOVERNMENT LOT 5 SECT/ON 6 WEST 1/4 CORNER OF SECTION 6. 5/8" BY 24" REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341" RECORDED AS INST. NO. 21707718 S 89047'38" E 1114.26' N 9°20' 1319. CURVE TABLE # RADIUS L ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE C1 11279.16' 0°47'11" 154.78' 77.39' S 06°56'28" W 154.78' FC2 11309.16' 10°50'19" 2139.33' 1072.86' TS 13°45'13" W 2136.14' SURLIDWRT NARRAHVEANB NOTES 1. THE PURPOSE OF THIS PROJECT IS TO ANNEX SEVERAL ALIQUOT PARTS OF LAND AS FOUND IN CORRECTED QUITCLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 21514114. PORTIONS OF THOSE ALIQUOT PARTS HAVE ALREADY BEEN ANNEXED INTO THE CITY OF CHUBBUCK PER CITY OF CHUBBUCK ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686. 2. THE BOUNDARIES WERE SOLVED BY LOCATING EXISTING SECTION MONUMENTS. A DISCREPANCY WAS ENCOUNTERED WITH A PREVIOUS RECORD OF SURVEY IN WHICH A REFERENCE MONUMENT WAS CONFUSED WITH THE LOCATION OF THE ACTUAL SECTION CORNER. SEE CORNER PERPETUATION RECORDED AS INSTRUMENT NO. 94013316 FOR DETAILS. GRAPHIC SCALE 500 0 250 500 ( IN FEET) 1 inch = 500' WEST 1/16 CORNER OF SECTION 6. FOUND 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "RMES PELS 2341" PER RECORD OF SURVEY INST. NO. 21707717 FOR PREP OMINARY USE ONLY BASIS OF BEAR/NGS THE LATITUDINAL CENTERLINE OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST WAS ASSUMED TO BE SOUTH 89°54'37" EAST BETWEEN THE CENTER 1/4 CORNER AND THE SOUTHEAST CORNER PER THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. DISPLAY MAP FOR: CHUBBUCK ANNEXATION LOCATED IN THE EAST 1/2 OF SECTION 35, THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 36 AND THE SOUTH 1/2 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST; GOVERNMENT LOTS 1 & 2, SECTION 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST; AND GOVERNMENT LOT 4, SECTION 6, TOWNSHIP 6 SOUTH, RANGE 35 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO WMES Engineers • Surveyors * Planners WO East Oak Street + Pocatello, le W201 + (2O8) 234-0110 www.rmes.biz REVISIONS SURVEYED BY: SRM, PS 1. OFFICE WORK BY: SOB 2. DATE: March 31, 2023 DRAWING: R:\23\RUPP, LAVELLE\ANNEXATION - 23-012\ SURV\CAD\2023 RUPP ANNEXATION.DWG SCALE: 1 INCH = 500 FEET PROJECT NO: 23-012 SHEET 1 OF 1 CHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: May 10, 2023 RE: An application for annexation of approximately 497.51 acres of land generally located on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway into the City of Chubbuck. The application will be reviewed against criteria in section 18.28.060.G of city code. (Action Item) �1IIAAIAFA'M DESCRIPTION. An application for annexation of approximately 497.51 acres of land generally located on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway into the City of Chubbuck. STAFF FINDINGS. After reviewing the application, staff finds that it meets the requirements for a Category A annexation into the City and recommends approval of the request. • It is contiguous to the City boundary. • The owner has consented to the annexation. The Land Use and Development Commission has recommended a zoning district for the subject property (approval of the zoning district is a separate item on this agenda). The site is not within the Urban Service Boundary and utilities are not yet available. o Staff recommends action conditioned on signature of an annexation agreement between the Mayor and applicant, defining applicant/developer responsibility for extension of various utilities. FACTS BACKGROUND. This area proposed for the agriculture zone is currently productive farmland, with some natural areas including a ravine for Buffalo Creek. Several adjacent parcels owned by the same family trust were annexed in 2018 and placed in the Agriculture (A) zone. There are no immediate plans for development and the applicants have requested the same zone for these parcels. The site is currently in the Bannock County Agriculture zone. The easternmost portion, approximately 31.15 acres, is part of the 2015 renegotiated Pocatello Area of City Impact. TYPE OF APPLICATION: Legislative (Subject to request for reconsideration; decision should be based on the standards for approval). The Council may approve, table a decision, or deny the application. APPLICANT: OWNER: H Lavelle Rupp Jr and Christine R Petersen (Trustees) Harold L Rupp Sr Trust and Veda J Rupp Trust PO Box 5307 PO Box 5307 Chubbuck,ID 83202 Chubbuck,ID 83202 LOCATION: The site is on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway. The site includes Bannock County parcel numbers R3803055602, R3803057201, R3853000417, and R3851001403. REFERENCE MAP: . Ii =i M r��m M0 41, c Day Pafkwaiv 414•fls•�.�. � .� �rrlR r►1. aw 5i fi• � �_� RR! ANT, iNiNnim. U-3-12 *Part of the 2015 renegotiated Pocatello Area of City Impact, ±31.15 acres CHUBBUCKH 8 1 0 -.1 Subject Property EL { see nate WME 3{ rop.P.. 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Agriculture Zone PROJECT SIZE: ±497.51 acres VIEWS: Partially visible from 1-15 and some surrounding properties and hillsides TOPOGRAPHY: Gentle slopes from east to west, some gullies with steeper slopes EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING IRRIGATION FACILITIES: Field irrigated with ground water RECENT TRAFFIC COUNTS: No data available for Northgate Parkway Olympus Dr south of Northgate Parkway experienced an average count of 3,011 trips per day in 2021. NORTH: Pond/reservoir, farming, and natural areas; Bannock County Agriculture Zone EAST: Natural area, some farming; Bannock County Agriculture Zone SOUTH: Farming; Chubbuck Agriculture (A) Zone WEST: Farming west of 1-15; Creative Community -Harvest Springs Zone SERVICES: ACCESS STREET: Currently none, access will be through previously annexed parcels under the same ownership EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: Currently not available, City of Chubbuck will provide when property is developed SEWAGE DISPOSAL: Currently not available, City of Chubbuck will provide when property is developed APPLICABLE LAWS AND PLANS: 1. Idaho Statute §50-222: Annexation by Cities 2. Chubbuck City Code Title 1828.060: Annexations Chubbuck Comprehensive Plan, as amended (see Attachment C) PROCEDURES: 1. In accordance with City Code 18.28.060 and the current resolution, a complete petition and fees for Annexation were filed with the City and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be considered at a Regular Meeting of the City Council. 3. In accordance with Idaho Statute §50-222 and City Code 18.28.010, notices of the public meeting were posted prominently at the City offices and on the City website at least 5 days prior to the meeting. 4. Prior to the review, the Land Use and Development Commission reviewed an associated application requesting an initial zoning designation and the recommendation was forwarded to the Council for review and consideration. PUBLIC AND AGENCY COMMENTS: No comments were received from the public or any public agency. CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us STANDARDS FOR APPROVING Annexations Per City Code Title 18.28.060.G, annexations may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us Standard. a. The land is contiguous or adjacent to the City boundary. The land is contiguous to the Chubbuck city boundary b. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the city and the county, There are no existing streets or other roadways in the proposed annexation area c The annexation meets the requirements for its Annexation Classification under Idaho Code. The area proposed for annexation falls under Category A; the landowner has consented to annexation. d. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criterion include: 1 Revenue generated by property taxes will exceed long-term costs associated with maintenance and provision of services and facilities. The applicant has indicated his property is intended to develop with a mixture of uses, in accordance with the Comprehensive Plan. Among different land uses, commercial and multifamily properties tend to generate more property tax per acre and use city services more efficiently than single family/low density development alone. 2 The advantages both to the City and to the area outweigh the disadvantages. Unknown at this time. 3 If previously developed, the area has the opportunity to redevelop or to develop at higher intensity. N/A 4 If expenses required to bring the properties to city standards exceed anticipated property tax income, the residents and/or Council agree to form a local improvement district. Not known at this time. 5 Annexation is equitable and fair to existing residents; and Yes; development will be required to install all city services, such as streets, water, and wastewater, at their expense. 6 Annexation would address a public health concern. N/A e The land can be served currently, or within a reasonable time, by essential urban services. The future developer of the land will be required to install utilities and streets at the time of building. Since that is the responsibility of the developer it will be within a reasonable amount of time for the project. f A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. The Land Use and Development Commission has recommended a zoning district for the Council to act upon. CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us RECOMMENDATION The Council must determine if it is in the best interest of the City of Chubbuck whether to annex the parcel(s) into the City. The proposal satisfies the 6 standards to consider for annexation (above) and is in compliance with the Comprehensive Plan (see Attachment Q. Staff recommends approval of the annexation. • The site is not within the Urban Service Boundary and utilities are not yet available; the developer of the property will be required to install all utilities. o Staff recommends action conditioned on signature of an annexation agreement between the Mayor and applicant, defining applicant/developer responsibility for extension of various utilities. ATTACHMENTS A. Findings of Fact and Conclusions of Law B. Application for Annexation C. Comprehensive Plan Future Land Use Map D. Comprehensive Plan Policies Relevant to the Proposal E. City Boundary and Urban Service Boundary Map Additional materials on file with staff, available upon request: • Warranty Deed • Owner Affidavit • Consent to Annexation REPORT: Don Matson, MSP I AICP Staff comments in this report are based Planning Manager solely upon evidence available at the time dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be DATE: May 10, 2023 brought to light at or before the meeting. CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us CHUBBUCK CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR ANNEXATION OF APPROXIMATELY 497.51 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF INTERSTATE HIGHWAY 15 AND NORTH AND NORTHEAST OF NORTHGATE PARKWAY FACTS REQUEST: Request is for a Category A Annexation for approximately 497.51 acres of farmland into the City. TYPE OF APPLICATION: Legislative (Subject to request for reconsideration; decision should be based on the standards for approval). APPLICANT: OWNER: H Lavelle Rupp Jr and Harold L Rupp Sr Trust and Veda J Rupp Trust Christine R Petersen (Trustees) PO Box 5307 PO Box 5307 Chubbuck, ID 83202 Chubbuck, ID 83202 LOCATION: The site is on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway. The site includes Bannock County parcel numbers R3803055602, R3803057201, R3853000417, and R3851001403. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Agriculture Zone PROJECT SIZE: ±497.51 acres VIEWS: Partially visible from 1-15 and some surrounding properties and hillsides TOPOGRAPHY: Gentle slopes from east to west, some gullies with steeper slopes EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING IRRIGATION FACILITIES: Field irrigated with ground water RECENT TRAFFIC COUNTS: No data available for Northgate Parkway Olympus Dr south of Northgate Parkway experienced an average count of 3,011 trips per day in 2021. NORTH: Pond/reservoir, farming, and natural areas; Bannock County Agriculture Zone EAST: Natural area, some farming; Bannock County Agriculture Zone SOUTH: Farming; Chubbuck Agriculture (A) Zone WEST: Farming west of 1-15; Creative Community -Harvest Springs Zone SERVICES: ACCESS STREET: Currently none, access will be through previously annexed parcels under the same ownership EMERGENCY SERVICES: City of Chubbuck Annexation Approval Form- FFCL CULINARY WATER SERVICE: Currently not available, City of Chubbuck will provide when property is developed SEWAGE DISPOSAL: Currently not available, City of Chubbuck will provide when property is developed APPLICABLE LAWS AND PLANS: 1. Idaho Statute §50-222: Annexation by Cities 2. Chubbuck City Code Title 1828.060: Annexations 3. Chubbuck Comprehensive Plan, as amended PROCEDURES: 1. In accordance with City Code 18.28.060 and the current fee resolution, a complete petition and fees for an annexation were filed with the City. 2. In accordance with City Code 18.28.010, the application was scheduled to be considered at a Regular Meeting of the City Council. 3. Notice was provided in accordance with City Code 18.28.010 and Idaho Statute §50-222. 4. Prior to the review, the Land Use and Development Commission reviewed an associated application requesting an initial zoning designation and the recommendation was forwarded to the Council for review and consideration. PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with statutory requirements. RECORD: The record is on file with City of Chubbuck Staff and consists of the application materials, staff reports and memos, public and agency testimony, meeting minutes, and applicable portions of city and state law. FINDINGS Having reviewed the record, including the application materials and staff report, and the criteria for approval of an Annexation as found in city code section 18.28.060.G, the City Council finds the following: 1. The land is contiguous or adjacent to the City boundary. 2. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the city and the county. 3. The annexation meets the requirements for its Annexation Classification under Idaho Code. 4. Annexation of the land is in the best interest of the City. 5. The land can be served currently, or within a reasonable time, by essential urban services. 6. A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us Annexation Approval Form- FFCL ORDER: CONCLUSION AND DECISION; PERMIT TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for Annexation as herein described, shall be APPROVED. 2. Pursuant to section 18.28.060.C., this approval shall take effect upon the passage and approval of an ordinance and by the summary publication. APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of 20 CHUBBUCK 1 0 R H 0 Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us 0F ®r' I' i �, 290 E Linden Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.GtyofChubbuck.us ANNEXATION APPLICATION Oct. 2022 Form PAGE 1 OF 3 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Appikotions which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: - � 6117-7 INITIALS: V,,S FEES PAID? N AMOUNT:1 I tO �. y SECTION A -APPLICANT INFORMATION Al. Name CHRISTINE R. PETERSEN (TRUSTEE) H. LAVELLE RUPP JR. (TRUSTEE) Al Mailing Address P.O. BOX 5307 city Chubbuck state Idaho Zip Code 83202 A3. Phone Number (including area code) A4_ Email Address 208-241-3777 levelrupp@aol.com A5. Is Applicant the Owner of Record? ❑ Yes 0 No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION 8 - OWNER INFORMATION (IF DIFFERENT THAN PART A) 81. Name HAROLD L. RUPP SR. TRUST and VEDA J. RUPP TRUST 132, Mailing Address P.O. BOX 5307_ City State Zip Code CHUBBUCK IDAHO 83202 133. Phone Number (including area code) B4. Email Address 208-241-3777 leveirupp@aol.com SECTION C-- SITE INFORMATION Cl. Site Address / Location Gty_ Zip C2.— - Tax Parcel #(s) T� East of I-15, North of Chubbuck 832Q2 RPR3803055602 RPR3803057201 RPR3851001403 RPR3853000417 SECTION D — PLANNING INFORMATION Dl. Gross Area 02. Comprehensive Plan Future land Use Designation(s) 497.51 acres Aw<ef a" 03. Current/Existing Land Use(s) and Structure(s) D4. Proposed Land Use(s), if known: AGRICULTURE ricuL> r'G �rr A4,4"- _1'�"a' _��_ CHUBBUCK I0aHa 290 E Linden Avenue Chubbuck, ID 83202 208,237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ANNEXATION APPLICATION Oct. 2022 Form PAGE 2 OF 3 SECTION E —SUBMITTAL REQUIREMENTS E1. Application Fees: $165 ($700 total - $535 zone change application) E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in annexation request E4. Stamped Legal Description: May be required to include adjacent right-of-way. Please consult with Staff before submitting. ES. Annexation Exhibit Map: Please submit an 11x17" stamped and signed exhibit map outlining the area being annexed. This map will be sent to the State Tax Commission immediately following the annexation approval. E6. Completed Annexation Consent Form signed by each property owner of record. E7. Explain how the annexation is in the best interest of the City. For example, when evaluating annexation requests, the City will evaluate such items like whether property taxes revenues will exceed long term costs associated with maintenance and serves, whether costs of bringing the property's infrastructure to city standards compared with anticipated tax revenues, or whether there are public health concerns. Since the North Gate Interchange has been completed, our family has been contacted by multiple companies, businesses, developers, organizations and individuals that want to re -locate or expand their company, build, develop, start a new business, market our land and build a new home to live in on our land. Since we already have approximately 332 acres annexed into the City of Chubbuck, the additional 497 acres that we wish to annex into Chubbuck, now, will allow a greater vision for the City and help fulfill the future planning and development needs for Chubbuck and the area surrounding the City. By planning for the future now, the City can have a realistic vision as to what will be in the City in years to come. Our family wants to be a big player as to what the future of Chubbuck will become. 194e'\ CHUBBUCKN a 1 0 290 E Linden Ave. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ANNEXATION APPLICATION Oct. 2022 Form PAGE 3 OF 3 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • I am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • I hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. F1. Signature F2. Printed Name F3. Date �� lf f H. Lavelle Rupp Jr. ,y��,,,A X�"'f_ '4?aV3 STOP: SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? 'Y/7la/3 Yes ❑ No if no, list concerns): Applicant Notified? Yes ONo Comments: G2. SCHEDULED FOR 4<C: G�ICyfU Scheduled Meeting Date: Applicant Contacted? 1/ Yes FjNo 290 r linden Ave. ANNEXATION Chubbuck,ID 83202 208,237,2430—Fax 208.237,2409 APPLICATION !Iw www.CityofChubbuck,us Oct. 2022 Form PAGE30F3 •�- ';51"°r�tra "I�tjrf'.�MII .,Y r • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that If this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • I hereby authorize the filing of this application and grant approval of on-site review of the development described herein, • I certify that 1 am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and In their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result In additional fees for rescheduled public hearings. F1. Signature I F2, Printed Name F3. Date Christine R. Petersen >'d v'°+• u'1 F �� ` r. �t = t . A `i f r+. V K i. 4 �'7�4,1 �� _, �fi, + , x h � } eZ �R�-'yr�+�i. t 3 �.. s. "+,3 "`y r`xt`� �> , i4 y'" `�;� N aa�..,�' . �L G'R. COMPLETEMS: REVIEW: Reviewed by: Datet De_med i.nmptet^? f�:'n�P31r.�nt WntiFlccl? t lYee RNo Commem: G).. SCHEDULED TOR LUIX: , Scheduled Meeting Date: Rpahtant Cbntaited Yea EJND / 26 25 NORTHWEST CORNER OF 35 36 / SECTION 36. FOUND / MONUMENT AS DESCRIBED PER CP&F INST. NO. 20520344 I / i o rn /c�0 in N / > M / N M W89'53'1 7" E 5290.73' 25 - 36 NORTH 1/4 CORNER OF SECTION 36. NOTHING FOUND OR SET AS LOCATION LANDS IN CULTIVATED FIELD. N 1/2 OF THE NW 1/4 ` SECTION 36 / SEE RECORD OF SURVEY - FOR J.R. SIMPLOT o C) INST. NO. 735412 !!� NORTH 1/16 CORNER ON THE ' (!) WEST LINE OF SECTION 36. r NOTHING FOUND OR SET AS / LOCATION LANDS IN INTERSTATE 15. SEE CP&F INST. NO. 735420 i I v 0 98.37' # BEARING I- SE 1/4 OF l THE NE 1/4 co SECT/ON 35 (EAST OF/ -15 / RIGHT-OF-WAY) / 35 - 1322.89' - 1 N 36 NE 1/4 OF () WEST 1/4 CORNER OF SECTION 36 THE SE 1/4 ' FOUND MONUMENT BENT WITH N SECTION 35 I CAP. SEE CP & F INST. NO. 735416 (EAST OF /-15 RIGHT -OF -WA V) M C0 1 ' coo M N M CO co S 89°52'06" E 2644.75' .'jMU_S 89°52'06" E 2546.38' OIM M o o THE ARDEN D. HALE TRUST MIO INST. NO. 722338 I r I 2647.02' NE 1/4 SECT/ON 36 25 30 36 31 NORTHEAST CORNER OF SECTION 36. FOUND MONUMENT AS DESCRIBED PER CP&F INST. NO. 735419 orm"11- SW 1/4 OF THE NW 1/4 SE 1/4 OF THE NW 1/4 SECT/ON 36 SECT/ON 36 LOT 1 SECTION 31 SEE RECORDS OF SURVEY FOR GATE CITY SPORT SHOOTERS ASSOC. INST. NOS. LO CD 20002814 & 22102664 �n - 0 N Lu C-0 LINE TABLE # BEARING DISTANCE L1 N 00°49'09" W 199.39' L2 N 19°10'22" E 242.09' of z THE VEDA J. RUPP REVOCABLE LIVING AGREEMENT OF TRUST (AMENDED) INST. NO. 21514114 LOT 2 pp SECTION 31 31 I O I r ° I EAST 1/4 CORNER OF O CENTER 1/4 CORNER OF SECTION SECTION 36. FOUND 36. NOTHING FOUND OR SET AS MONUMENT AS LOCATION IS IN A CULTIVATED DESCRIBED PER CP&F FIELD. SEE CP&F INST. NO. 735414 INST. NO. 21108788. _ 1322.89' S 89°50'55" E 2641.38' (SEE NOTE 2) 36 S 89°50'55" E 5287;IT 36 %NO I i I ITHE VEDA J. RUPP REVOCABLE LIVING 1 a, AGREEMENT OF TRUST (AMENDED) I cM, INST. NO. 21514114 N I Jo 00 W 1/2 OF THE SE 1/4 N SECT/ON 36 SW 1/4 U ' SECTION 36 y N 90000'00" W 1320.05' M I N ° �I o N I MMQ � M M r �I L0 w I O WHITE (JACOBSEN) I I O SOUTH 1/4 CORNER OF O SECTION 36. FOUND 1.5" OI ALUMINUM CAP MONUMENT w w MLO IM w U) LOLO I E 1/2 OF THE SE 1/4 SECTION.36 I I O I APPROXIMATELY 9' SOUTH OF I I I SECTION 6. NORTHWEST R HWE 96ORN BOER OM z THE NORTH LINE OF SECTION 1. SEE CP & F INST. NO. 735417 I PER CP & F INST. NO. 735423 I 35 36 830.84' _ S 89057'06" _W 1906.25' _ _ 36 T. 5 S., R. 34 E. S 89°31'44" E 2553.84' 36 31 I 2 1 1 T. 6 S., R. 34 E. NORTHEAST CORNER OF 1 6 SECTION 1. 5/8" REBAR WITH I THOMPSON (CREEK HOLLOW & ASSOC.) I NORTHEAST CORNER OF I 2" ALUMINUM CAP STAMPED I N NORTH 1/4 CORNER OF SECTION 1. I GOVERNMENT LOT 4. NOTHING "RMES PELS 2341" PER CP&F O FOUND BANNOCK COUNTY BCM. FOUND OR SET. CALCULATED I INST. NO. 21800885. I SEE CP & F INST. NO. 21808352 POSITION PER CP & F INST. NOS C4 I 94013315-21 AND ORIGINAL SURVEYS I I I 00 I GOVERNMENT LOT 4 GOVERNMENT LOT 3 W GOVERNMENT LOT 2 GOVERNMENT LOT 1 6 GOVERNMENT LOT 4 SECTION 1 SECTION 1 en SECT/ON 1 SECT/ON 1 N SECT/ON 6 I I I Ico I W II IZ b LANDS PREVIOUSLY LO b I ANNEXED PER CITY OF rn I o I CHUBBUCK ORD. NO. 780 L I 2565.72' z 1110.07' INST. NO. 21818686 0 d o�-- Z --�-- N -- ----NL9DT-011 '_1N�75_7W --�-- I O in - LANDS PREVIOUSLY N �i ANNEXED PER CITY OF CHUBBUCK ORD. NO. 780 II U S 1/2 OF THE NW 1/4 INST. NO. 21818686 N I 00 SECTION 1 o CD I z . SEE RECORD OF SURVEY FOR RUPP & TOWN CENTER JV I INST. NO. 21808363 WEST 1/4 CORNER OF SECTION 1. FOUND 1" IRON ROD WITH NO CAP PER CP & F INST. NO. 20520359 1 S 89°54'37" E 2629.33' I rn S 1/2 OF THE NE 1/4 c'' SECTION 1 0 It CREEK FOLLOW & ASSOC. 1. CENTER 1/4 CORNER OF SECTION EAST 1/4 CORNER OF SECTION FOUND 2" CITY OF POCATELLO 1.5/8" REBAR WITH 2" ALUMINUM CAP STAMPED WITH PLS 12457". HORIZONTAL CONTROL MONUMENT SEE CP & F INST. NO. 21808353 PER CP & F INST. NO. 94013315 - BASIS OF BEARINGS 1 S 89°54'37" E 2623.48' S 0°10'58" W 56.61' 1 GOVERNMENT LOT 5 SECT/ON 6 WEST 1/4 CORNER OF SECTION 6. 5/8" BY 24" REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341" RECORDED AS INST. NO. 21707718 S 89047'38" E 1114.26' N 9°20' 1319. CURVE TABLE # RADIUS C14 ARC LENGTH MOUNTAIN VIEW FARMS, INC. LID m _ INST. NO. 737906 co 0°47'11" 154.78' N S 06°56'28" W 154.78' �I _ SEE RECORD OF SURVEY 10°50'19" FOR MTN. VIEW FARMS, INC. 1072.86' INST. NO. 21108789 LIDI 60 o LOT 4 O SECTION 31 U) I I I O I APPROXIMATELY 9' SOUTH OF I I I SECTION 6. NORTHWEST R HWE 96ORN BOER OM z THE NORTH LINE OF SECTION 1. SEE CP & F INST. NO. 735417 I PER CP & F INST. NO. 735423 I 35 36 830.84' _ S 89057'06" _W 1906.25' _ _ 36 T. 5 S., R. 34 E. S 89°31'44" E 2553.84' 36 31 I 2 1 1 T. 6 S., R. 34 E. NORTHEAST CORNER OF 1 6 SECTION 1. 5/8" REBAR WITH I THOMPSON (CREEK HOLLOW & ASSOC.) I NORTHEAST CORNER OF I 2" ALUMINUM CAP STAMPED I N NORTH 1/4 CORNER OF SECTION 1. I GOVERNMENT LOT 4. NOTHING "RMES PELS 2341" PER CP&F O FOUND BANNOCK COUNTY BCM. FOUND OR SET. CALCULATED I INST. NO. 21800885. I SEE CP & F INST. NO. 21808352 POSITION PER CP & F INST. NOS C4 I 94013315-21 AND ORIGINAL SURVEYS I I I 00 I GOVERNMENT LOT 4 GOVERNMENT LOT 3 W GOVERNMENT LOT 2 GOVERNMENT LOT 1 6 GOVERNMENT LOT 4 SECTION 1 SECTION 1 en SECT/ON 1 SECT/ON 1 N SECT/ON 6 I I I Ico I W II IZ b LANDS PREVIOUSLY LO b I ANNEXED PER CITY OF rn I o I CHUBBUCK ORD. NO. 780 L I 2565.72' z 1110.07' INST. NO. 21818686 0 d o�-- Z --�-- N -- ----NL9DT-011 '_1N�75_7W --�-- I O in - LANDS PREVIOUSLY N �i ANNEXED PER CITY OF CHUBBUCK ORD. NO. 780 II U S 1/2 OF THE NW 1/4 INST. NO. 21818686 N I 00 SECTION 1 o CD I z . SEE RECORD OF SURVEY FOR RUPP & TOWN CENTER JV I INST. NO. 21808363 WEST 1/4 CORNER OF SECTION 1. FOUND 1" IRON ROD WITH NO CAP PER CP & F INST. NO. 20520359 1 S 89°54'37" E 2629.33' I rn S 1/2 OF THE NE 1/4 c'' SECTION 1 0 It CREEK FOLLOW & ASSOC. 1. CENTER 1/4 CORNER OF SECTION EAST 1/4 CORNER OF SECTION FOUND 2" CITY OF POCATELLO 1.5/8" REBAR WITH 2" ALUMINUM CAP STAMPED WITH PLS 12457". HORIZONTAL CONTROL MONUMENT SEE CP & F INST. NO. 21808353 PER CP & F INST. NO. 94013315 - BASIS OF BEARINGS 1 S 89°54'37" E 2623.48' S 0°10'58" W 56.61' 1 GOVERNMENT LOT 5 SECT/ON 6 WEST 1/4 CORNER OF SECTION 6. 5/8" BY 24" REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341" RECORDED AS INST. NO. 21707718 S 89047'38" E 1114.26' N 9°20' 1319. CURVE TABLE # RADIUS L ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE C1 11279.16' 0°47'11" 154.78' 77.39' S 06°56'28" W 154.78' FC2 11309.16' 10°50'19" 2139.33' 1072.86' TS 13°45'13" W 2136.14' SURLIDWRT NARRAHVEANB NOTES 1. THE PURPOSE OF THIS PROJECT IS TO ANNEX SEVERAL ALIQUOT PARTS OF LAND AS FOUND IN CORRECTED QUITCLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 21514114. PORTIONS OF THOSE ALIQUOT PARTS HAVE ALREADY BEEN ANNEXED INTO THE CITY OF CHUBBUCK PER CITY OF CHUBBUCK ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686. 2. THE BOUNDARIES WERE SOLVED BY LOCATING EXISTING SECTION MONUMENTS. A DISCREPANCY WAS ENCOUNTERED WITH A PREVIOUS RECORD OF SURVEY IN WHICH A REFERENCE MONUMENT WAS CONFUSED WITH THE LOCATION OF THE ACTUAL SECTION CORNER. SEE CORNER PERPETUATION RECORDED AS INSTRUMENT NO. 94013316 FOR DETAILS. GRAPHIC SCALE 500 0 250 500 ( IN FEET) 1 inch = 500' WEST 1/16 CORNER OF SECTION 6. FOUND 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "RMES PELS 2341" PER RECORD OF SURVEY INST. NO. 21707717 FOR PREP OMINARY USE ONLY BASIS OF BEAR/NGS THE LATITUDINAL CENTERLINE OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST WAS ASSUMED TO BE SOUTH 89°54'37" EAST BETWEEN THE CENTER 1/4 CORNER AND THE SOUTHEAST CORNER PER THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. DISPLAY MAP FOR: CHUBBUCK ANNEXATION LOCATED IN THE EAST 1/2 OF SECTION 35, THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 36 AND THE SOUTH 1/2 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST; GOVERNMENT LOTS 1 & 2, SECTION 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST; AND GOVERNMENT LOT 4, SECTION 6, TOWNSHIP 6 SOUTH, RANGE 35 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO WMES Engineers • Surveyors * Planners WO East Oak Street + Pocatello, le W201 + (2O8) 234-0110 www.rmes.biz REVISIONS SURVEYED BY: SRM, PS 1. OFFICE WORK BY: SOB 2. DATE: March 31, 2023 DRAWING: R:\23\RUPP, LAVELLE\ANNEXATION - 23-012\ SURV\CAD\2023 RUPP ANNEXATION.DWG SCALE: 1 INCH = 500 FEET PROJECT NO: 23-012 SHEET 1 OF 1 EPlanners � BOOEast Oaa Street P0Mfatb,10&=f t2W12340110 WWW.mIaS.bti LEGAL DESCRIPTION - RUPP ANNEXATION INTO THE CITY OF CHUBBUCK THOSE PORTIONS OF LAND AS DESCRIBED IN CORRECTED QUITCLAIM DEED RECORDED AS INSTRUMENT NO. 21514114 AS FOLLOWS: THOSE PORTIONS OF THE FOLLOWING PROPERTIES THAT LAY EAST OF INTERSTATE 15; NEI/4 OF THE SE 1/4, SE 1/4 OF THE NE 1/4, OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; ALSO, THE E 1/2 OF THE SE 1/4, SW 1/4 OF THE NW 1/4, SE 1/4 OF THE NW 1/4, W 1/2 OF THE SE 1/4, OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; ALSO, THAT PORTION OF THE SW 1/4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686; ALSO, THAT PORTION OF LOTS 1 & 2, SECTION, 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686; ALSO, THAT PORTION OF LOT 4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 35 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686. Focused on Solutions Civil ♦ Environmental ♦ Transportation ♦ Planning 1 Land Development 1 Municipal 4 Surveying ATTACHMENT C: COMPREHENSIVE PLAN FUTURE LAND USE MAP ATTACHMENT D: COMPREHENSIVE PLAN POLICIES RELEVANT TO THE PROPOSAL Other code and policy may be identified from State Law, City Code, or the Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. COMPREHENSIVE PLAN 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 b. Make careful assessment of the costs and benefits of annexation COMMENT The future developer of the land will be required to install utilities and streets at the time of building. The applicant has indicated his property is intended to develop with a mixture of uses, in accordance with the Comprehensive Plan. Among different land uses, commercial and multifamily properties tend to generate more property tax per acre and use city services more efficiently than single family/low density development alone. POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is not within the Urban Service Boundary and it is currently farmland. The property is not planned for development in the near future. At that time efficient land development will be addressed and developers will install the necessary utilities. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use STRATEGY a. Guide the location of development through use of the USB and utility phasing COMMENT The future developer of the land will be required to install utilities and streets at the time of building. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site lies without the USB; the fire department has reserved a site for a 2nd station to expand services closer to it this location. Aii��Ic\ CHUBBUCK 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT The property is to be annexed before services are extended, at the owner's expense. An annexation agreement is a recommended condition to this application. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT The property is to be annexed before services are extended, which will be done at the developer's expense. An annexation agreement is a recommended condition to this application. See also the annexation application. OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY a. Require all new development to be annexed and connected to the City collection and treatment system. The future developer of the land will be required to install utilities and streets at the time of building. CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us ATTACHMENT E: CITY BOUNDARY AND URBAN SERVICE BOUNDARY MAP CHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: May 17, 2023 RE: An application for initial designation of property into the Agriculture (A) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 497.51 acres is generally located on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway in Bannock County, Idaho. BACKGROUND: This is a quasi-judicial action. After reviewing the application materials, City Code, and the Comprehensive Plan, staff found that the application satisfies the criteria for the requested zoning designation. At a public hearing before the Land Use and Development Commission (LUDC) regarding the proposal on May 9, 2023, the applicant made a presentation and City staff provided comments and recommended approval. No public testimony was given at the hearing. Following the hearing members of the LUDC discussed the application materials and presentation, and recommended approval of the proposal without conditions. See attached for additional information on the application. REQUEST: Review the attached staff report, exhibits, and draft minutes from the LUDC public hearing on May 9, 2023 and determine whether to approve, deny, or table the application. If approved, the action will take effect via ordinance and upon completion of annexation of the property. Review the attached staff report and exhibits and determine whether to approve, deny, or table the application. If approved, the action will take effect via ordinance, and upon completion of annexation of the property. REFERENCE MAP: *Part of the 2015 renegotiated Pocatello Area of City Impact, ±31.15 acres ATTACHMENTS: A. Findings of Fact and Conclusions of Law B. Staff Report to LUDC with Application and Other Exhibits C. Draft Minutes from LUDC meeting on May 9, 2023 Di 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1AAHA CHUBBUCK CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR INITIAL ZONING DESIGNATION OF AGRICULTURE (A) ON 497.S1 ACRES EAST OF INTERSTATE HIGHWAY 1S AND NORTH OF NORTHGATE PARKWAY FACTS REQUEST: An application for initial designation of property into the Agriculture (A) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 497.51 acres is generally located on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway in Bannock County, Idaho. TYPE OF APPLICATION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). Decisions for an Initial Zoning Designation shall be based on whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. APPLICANT: H Lavelle Rupp Jr and Christine R Petersen (Trustees) PO Box 5307 Chubbuck, ID 83202 OWNER. Harold L Rupp Sr Trust and Veda J Rupp Trust PO Box 5307 Chubbuck, ID 83202 LOCATION: The site is on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway. The site includes Bannock County parcel numbers R3803055602, R3803057201, R3853000417, and R3851001403. COMPREHENSIVE PLAN FUTURE LAND MAP DESIGNATION: Mixed Use (MU) SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Bannock County Agriculture Zone PROJECT SIZE: ±497.51 acres VIEWS: Partially visible from 1-15 and some surrounding properties and hillsides TOPOGRAPHY: Gentle slopes from east to west, some gullies with steeper slopes EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING IRRIGATION FACILITIES: Field irrigated with ground water RECENT TRAFFIC COUNTS: No data available for Northgate Parkway Olympus Dr south of Northgate Parkway experienced an average count of 3,011 trips per day in 2021. NORTH: Pond/reservoir, farming, and natural areas; Bannock County Agriculture Zone EAST: Natural area, some farming; Bannock County Agriculture Zone SOUTH: Farming; Chubbuck Agriculture (A) Zone WEST: Farming west of 1-15; Creative Community -Harvest Springs Zone Initial Zoning Designation Approval Form- FFCL SERVICES: ACCESS STREET: Currently none, access will be through previously annexed parcels under the same ownership EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: Currently not available, City of Chubbuck will provide when property is developed SEWAGE DISPOSAL: Currently not available, City of Chubbuck will provide when property is developed APPLICABLE LAWS AND PLANS: 1. Idaho Statutes §67-6511: Zoning Ordinance and §67-6525: Plan and Zoning Ordinance Changes Upon Annexation of Unincorporated Area 2. Chubbuck Comprehensive Plan (as amended) 3. Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18. 08.020 District Boundaries and Land Use Map b. Chapter 18.28.50 Title Text and Map Amendments and Initial Zoning District Designation PROCEDURES: 1. In accordance with City Code 18.28.050 and the current fee resolution, a complete petition and fees for a Title Map Amendment were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application was scheduled to be heard at a Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.010 and Idaho Statute §67-6509, notice of the public hearing was provided at least 15 days prior to the public hearing: a. Publication in the Idaho State Journal; b. Notice posted on the premises; c. Mailing to owners of property within a 300 ft. radius of the site; d. Notice sent to utilities and political subdivisions providing services within the City; and e. Notices posted prominently at the City office and on webpage. 4. A public hearing with the Commission was conducted in accordance with procedures established by City Resolution 2021-06. 5. Public notices and other procedures were in accordance with Idaho Statute §67-6511. 6. Following the hearing, based on a review of the record, the Commission recommended approval of the application. 7. The Chubbuck City Council reviewed the record and the Commission's recommendation on May 9, 2023. 8. Prior to making a decision on this initial zoning application, the City Council made a decision to annex the property into the City of Chubbuck. PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with statutory requirements. RECORD: The record is on file with City of Chubbuck Staff and consists of the application materials, staff reports and memos, public and agency testimony, meeting minutes, and applicable portions of city and state law. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us Initial Zoning Designation Approval Form- FFCL Id101bi10r-eCIq Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval of an Initial Zoning Designation as found in city code section 18.28.050.B.8.a, the City Council finds the following: 1. The proposed initial zoning would be in the community's best interest. 2. The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. 3. The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. 4. The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district; and 5. The initial zoning is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment requests. ORDER: CONCLUSION AND DECISION: TERMS 1. The City Council, pursuant to the aforementioned, finds that the request for an Initial Zoning Designation of Agriculture (A) as herein described, shall be APPROVED. 2. Pursuant to section 18.28.050.8.C., this approval shall take effect upon the passage and approval of an ordinance and by the summary publication. 3. Pursuant to Idaho Code § 67-8001 et seq., the Council makes the following findings with respect to the decision in this action: a. This Action does not deprive the owner of the property of all viable uses of the property. b. This Action does not have a significant impact on the landowner's economic interest. c. This Action does not deny a fundamental attribute of ownership. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us Initial Zoning Designation Approval Form- FFCL 4. An amendment of the zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. 5. If the Council adopts a zoning classification pursuant to a request by a property owner, the Council shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date of adoption of said change, per Idaho Code section 67-6511(d). 6. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first request a reconsideration of this decision to the City Council in accordance with section 18.28.090 of city code. APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of 20 CHUBBUCK 1 0 R H 0 Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us APPLICATION FOR INITIAL ZONING DESIGNATION OF AGRICULTURE (A) ON 497.51 ACRES CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MAY 9, 2023 SUMMARY DESCRIPTION: An application for initial designation of property into the Agriculture (A) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 497.51 acres is generally located on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway in Bannock County, Idaho. STAFF FINDINGS: After reviewing the application, Staff finds that it meets the requirements for the proposed Land Use District. It complies with the Comprehensive Plan and is not deemed spot zoning. Adjacent properties are in agriculture zones and uses. The Comprehensive Plan Future Land Use map designates this area for Mixed Use development, which is supported by the Limited Commercial (C-1) and all residential zoning districts (R-1, R-2, R-3, R-4). o Agriculture (A) is not identified as a zoning district that supports MU or any other future land use designation in the Comprehensive Plan. o Adjacent parcels annexed in 2018 were also placed in the Agriculture (A) zone. At that time, it was known the property may not develop for several years and Agriculture was determined the appropriate zone. The applicant has met City Code requirements to be heard for a zoning designation. Staff supports a recommendation for approval by the Commission. See additional information below and in the attached exhibits. FACTS BACKGROUND: This area proposed for the agriculture zone is currently productive farmland, with some natural areas including a ravine for Buffalo Creek. Several adjacent parcels owned by the same family trust were annexed in 2018 and placed in the Agriculture (A) zone. There are no immediate plans for development and the applicants have requested the same zone for these parcels. The site is currently in the Bannock County Agriculture zone. The easternmost portion, approximately 31.15 acres, is part of the 2015 renegotiated Pocatello Area of City Impact TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT: OWNER: H Lavelle Rupp Jr and Christine R Petersen (Trustees) Harold L Rupp Sr Trust and Veda J Rupp Trust PO Box 5307 PO Box 5307 Chubbuck,ID 83202 Chubbuck,ID 83202 LOCATION: The site is on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway. The site includes Bannock County parcel numbers R3803055602, R3803057201, R3853000417, and R3851001403. REFERENCE MAP: *Part of the 2015 renegotiated Pocatello Area of City Impact, ±31.15 acres SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Agriculture Zone PROJECT SIZE: ±497.51 acres VIEWS: Partially visible from 1-15 and some surrounding properties and hillsides TOPOGRAPHY: Gentle slopes from east to west, some gullies with steeper slopes EXISTING STRUCTURES: None CHUBBUCK 1 0 R H 0 Page 2 IRRIGATION FACILITIES: Field irrigated with ground water RECENT TRAFFIC COUNTS: No data available for Northgate Parkway Olympus Dr south of Northgate Parkway experienced an average count of 3,011 trips per day in 2021. 290 E Linden, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us SURROUNDING LAND USES AND ZONING NORTH: Pond/reservoir, farming, and natural areas; Bannock County Agriculture Zone EAST: Natural area, some farming; Bannock County Agriculture Zone SOUTH: Farming; Chubbuck Agriculture (A) Zone WEST: Farming west of 1-15; Creative Community -Harvest Springs Zone SERVICES: ACCESS STREET: Currently none, access will be through previously annexed parcels under the same ownership EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: Currently not available, City of Chubbuck will provide when property is developed SEWAGE DISPOSAL: Currently not available, City of Chubbuck will provide when property is developed PROCESS PROCEDURES: 1. In accordance with City Code 18.28.050 and the current fee resolution, a complete petition and fees for a Change of Land Use District were filed with the City at least 28 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at a Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In In accordance with City Code 18.28.010 and Idaho Statute §67-6509, notice of the public hearing was provided at least 15 days prior to the public hearing: a. Publication in the Idaho State Journal; Notice posted on the premises; c. Mailing to owners of property within a 300 ft. radius of the site; d. Notice sent to utilities and political subdivisions providing services within the City; and e. Notices posted prominently at the City office and on webpage. 4. Hearing will be conducted in accordance with procedures established by City Resolution 2021-06. 5. Public notices and other procedures were In accordance with Idaho Statute §67-6511. APPLICABLE LAWS AND PLANS: 1. Idaho Statutes §67-6511: Zoning Ordinance and §67-6525: Plan and Zoning Ordinance Changes Upon Annexation of Unincorporated Area Chubbuck Comprehensive Plan (as amended) Chubbuck City Code Title 18: Land Use, particularly: Chapter 18.08.020 District Boundaries and Land Use Map Chapter 18.28.50 Title Text and Map Amendments and Initial Zoning District Designation PUBLIC COMMENTS RECEIVED: No written comments were received from the general public as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. CHUBBUCK 1 0 R H 0 Page 3 290 E Linden, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us ANALYSIS AND RECOMMENDATIONS SPOT ZONING: As described in the Idaho Supreme Court ruling regarding Evans v. Teton County "a claim of 'spot zoning' is essentially an argument the change in zoning is not in accord with the comprehensive plan. There are two types of 'spot zoning.' Type one spot zoning may simply refer to a rezoning of property for a use prohibited by the original zoning classification. The test for whether such a zone reclassification is valid is whether the zone change is in accord with the comprehensive plan. Type two spot zoning refers to a zone change that singles out a parcel of land for use inconsistent with the permitted use in the rest of the zoning district for the benefit of an individual property owner." The proposal does not meet either of the definitions of spot zoning. The proposal: 1. Complies with the Comprehensive Plan. The Agriculture (A) zone is not recognized in the Comprehensive Plan as supporting the Mixed Use designation on the Future Land Use Map, but it provides a medium to long term zoning district at the outskirts for future Mixed Uses. 2. Does not single out a parcel for development inconsistent with allowed uses in the zone to benefit an individual property owner. The purpose of the Agriculture (A) zone is to "provide for orderly transition of farmlands... until such time as other uses, consistent with the comprehensive plan, become appropriate" (Title 18.08.10.A.). The proposed zone, and proposed use of the property, do not meet the definition of type two. STANDARDS REVIEW: The Commission must determine if it is in the best interest of the City of Chubbuck and adjacent landowners to recommend a Title Change to the Land Use (zoning) Map. See also applicant responses in Exhibit 1. Di 290 E Linden, Chubbuck, ID 83202 194Phone: 208.237.2430 Page 4 CHUBBUCK www.CityofChubbuck.us 1AAHA APPROVAL:STANDARDS FOR ..SECTION 18.28.050.8A POLICY 1 The proposed map amendment would be in the community's best interest. RESPONSE The initial zoning for the area as Agriculture (A) is the same as the adjoining parcels to the south. It keeps harmony between the two areas until development may occur in the future. POLICY 2 The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. RESPONSE It is the same zoning district as adjoining parcels to the south. Parcels west across 1-15 are also being farmed but are in the Creative Community -Harvest Springs (CC -HS) zone. POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. RESPONSE The site is suitable for uses allowed in the Agriculture (A) zone. POLICY 4 The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district RESPONSE City and other organizations' utilities and services are not yet available onsite. In the long-term as the property is developed, utilities will be provided builders and developers. POLICY 5 The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment requests. RESPONSE The proposal is generally not in conflict with the goals, objectives, and policies of the Comprehensive Plan. More information can be found in EXHIBIT 3B. Di 290 E Linden, Chubbuck, ID 83202 194Phone: 208.237.2430 Page 4 CHUBBUCK www.CityofChubbuck.us 1AAHA STAFF RECOMMENDATION Staff recommends approval of the application. • It complies with the Comprehensive Plan and is not deemed spot zoning. Adjacent properties are in agriculture zones and uses. o The Comprehensive Plan Future Land Use Map designates the area for Mixed Use (MU) development, which is supported by the Limited Commercial (C-1) and all residential zoning districts (R-1, R-2, R-3, R-4). o Agriculture (A) is not identified as a zoning district that supports MU or any other future land use designation. o Adjacent parcels annexed in 2018 were also placed in the Agriculture (A) zone. At that time it was known the property may not develop for several years and Agriculture was determined to be the appropriate zone. • The requested zone is appropriate for the area until development and utilities are constructed to the site. • Recommended conditions: none. EXHIBITS 1. Application Materials 2. Zoning and Land Use a. Current Zoning Map b. Standards for Reviewing a Land Use District Designation 3. Comprehensive Plan a. Future Land Use Map b. Policies Relevant to the Application c. Urban Services Boundary Additional materials on file with staff, available upon request: • Copy of warranty deed and owner affidavit • Evidence of notice REPORT: Don Matson, MSP I AICP Staff comments in this report are based Planning Manager solely upon evidence available at the time dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be DATE: May 2, 2023 brought to light at or before the hearing. CHUBBUCK 1 0 R H 0 Page 5 290 E Linden, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 -- Fax 208.237.2409 www.CityofChubbuck.us EXHIBIT 1 INITIAL ZONING APPLICATION Aug. 2021 Form PAGE 1 OF 4 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least28 days before the desire review meeting. DATE RECEIVED: 46111 INITIALS: � S FEES PAID? 0 N AI\40UN : 5�$'5D SECTION A -APPLICANT INFORMATION Al. Name H. LAVELLE RUPP JR_ (TRUSTEE) CHRISTINE R. PETERSEN (TRUSTEE) A2. Mailing Address P.O. BOX 5307 city CHUBBUCK state IDAHO Zip Code 83202 A3. Phone Number (including area code) A4. Emait Address 208-241-3777 levelrupp@aol.com A5_ Is Applicant the Owner of Record? ❑ Yes Ej No, If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B - OWNER INFORMATION (IF DIFFERENT THAN PART A) 61. Name HAROLD L. RUPP SR. TRUST and VEDA J. RUPP TRUST 62. Mailing Address P.O. BOX 5307 city CHUBBUCK state IDAHO Zip Code 83202 B3. Phone Number (including area code) 84. Email Address 208-241-3777 1 levelrupp@aol.com SECTION C - SITE INFORMATION Cl. Address (or location if no address)_ City rip C2_ Tax Pat ----- — -- RPR3803055602 RPR3803057201 -Site - East of I-15, North of Chubbuck 83202 RPR3851001403 RPR3853000417 SECTION D -- PLANNING INFORMATION Dl. Gross Area D2. Comprehensive Pian Future land Use Designation(s) 497.51 acres UNKNOWN D3. Current/Existing land Use(s) & Structures D4. CurrentZone(s) AGRICULTURE AGRICULTURE D5. UN4WWM Proposed Zone(s) DS. Acreage for Each Proposed Zone: �1171 J-/ D7. Proposed Land Use(s), if known: l'& Ila r e -- SECTION E -SUBMITTAL REQUIREMENTS & DOCUMENTS za�\ CHUBBUCK I fl 290 E Linden Avenue Chubbuck, ID 83202 208.237.2430 -- Fax 208.237.2409 www.CjtVofChubbuck.us EXHIBIT 1 INITIAL ZONING APPLICATION Aug. 2021 Form PAGE 2 OF 4 EI. Application Fees: $535 + $1.50/mailing ( 9 # of mailings) = $ 6(S. 60 -total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in initial zoning request E4. Legal Description and Map: Legal Description may be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. If the annexation is required to encompass some roadway or right-of-way as per the annexation, a different legal description may be required. E5. Map showing the proposed zone(s) (Note: if more than one zone is proposed, a complete legal description for each area is required and must follow parcel boundaries.) E6. Submitted with a complete Annexation Application E7. Provide legible responses to the following (use an additional sheet if necessary): 1. How do you believe that the proposed zoning is in the community's best interest? We will be working with Chubbuck to determine the best use of the land for the future. 2. How do you believe the hist of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? All of the zoning for the land will be done at a later date to determine the best use for each parcel based on a planned development with the assistance of the City of Chubbuck. lao,t\\ CHUBBUCK 290 E Linden Avenue Chubbuck, l0 83202 208.237.2430 — Fax 208.237.2409 www.0tyofC h u bb u ck. us EXHIBIT 1 INITIAL ZONING APPLICATION Aug. 2021 Form PAGE 3 OF 4 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? All uses will be done with the help from the City of Chubbuck based on what is best for the City. 4. To your knowledge, is there anything that would prevent the site under the proposed zoning from being served by transportation routes, police, fire, EMS protection, waterlsewer, schools, and other public agencies or facilities? Currently there is no knowledge. 5. How do you believe the proposed zoning supported by the Chubbuck Comprehensive Plan? Please cite specific goals, objectives, and policies, including the future land use map, which relate to your proposal. Since the North Gate Interchange has been completed, our family has been contacted by multiple companies, businesses, developers, organizations and individuals that want to re -locate their company, build, develop, start a new business, market our land and build a home to live in on our families land. 13JL Since approximately acres are already in the City Limits of Chubbuck, we want to work with the City of Chubbuck to make our land as attractive and well managed as any in the Country. By working hand in glove with Chubbuck, we will be able to attract many top quality company's and businesses to this area which will help the economy and strengthen the City as a whole and make it a City where people are proud to live in. By working together, we can make Chubbuck a model City. . la'e N. CHUBBUCK 10 1 H 0 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us SECTION F- CERTIFICATION EXHIBIT 1 INITIAL ZONING APPLICATION Aug. 2021 Form PAGE 4 OF 4 • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • I am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that i will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. F1. Signature F2. Printed Name F3. Date H. LAVELLE RUPP JR.ja a �� STOP: SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? V Yes No If no, list concern{sj: Applicant Notified? Yes No Comments: G2, SCHEDULED FOR LUDC: Scheduled Meeting Date: "9 Applicant Contacted? Z 3 5?" 9 J�Yes No EXHIBIT 1 290 E Linden Avenue INITIAL ZONING lao-4-\ Chubbuck,ID 83202 208.237.2430 -Fax APPLICATION CHUBBUCK208.237.2409 Aug. 2021 Form n H o www.CityofChubbuck.us PAGE 4 OF 4 SECTION F- CERTIFICATION • 1, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. * 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • I am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. Fl.a Signature F2. Printed Name F3. Date 4Z— Christine R. Petersen STOP: SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Reviewed by: Date; Deemed complete? Yes No If no, list concern(s): Applicant Notified? Yes No Comments: G2. SCHEDULED FOR LDDC: Scheduled Meeting Date: Applicant Contacted? Yes No ,wMEXHIBIT 1 �si Surveyors s Engineers ors s Planners 9 Y fiW Fast oak street P0V&W4 ID ff=f rAW122"f fo wwwrmes.blr LEGAL DESCRIPTION - RUPP ANNEXATION INTO THE CITY OF CHUBBUCK THOSE PORTIONS OF LAND AS DESCRIBED IN CORRECTED QUITCLAIM DEED RECORDED AS INSTRUMENT NO. 21514114 AS FOLLOWS: THOSE PORTIONS OF THE FOLLOWING PROPERTIES THAT LAY EAST OF INTERSTATE 15; NE1/4 OF THE SE 1/4, SE 1/4 OF THE NE 1/4, OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; ALSO, THE E 1/2 OF THE SE 1/4, SE 1/4 OF THE NW 1/4, W 1/2 OF THE SE 1/4, OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO; ALSO, THAT PORTION OF THE SW 1/4 OF THE NW 1/4, SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, LYING EAST OF INTERSTATE 15; ALSO, THAT PORTION OF THE SW 1/4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686; ALSO, THAT PORTION OF LOTS 1 & 2, SECTION, 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686; ALSO, THAT PORTION OF LOT 4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 35 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO THAT HAS NOT BEEN PREVIOUSLY ANNEXED INTO THE CORPORATE BOUNDARIES OF THE CITY OF CHUBBUCK PER ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686. EN � � 18971 X 0 � T� O N 0, 5 Focused on Solutions Civil 1 Environmental ♦ Transportation 4 Planning ♦ Land Development ♦ Municipal ♦ Surveying / — 26 25 PNORT CORNER OF 35 36 / 2643.71' SECTION 36. FOUND / MONUMENT AS DESCRIBED PER CP&F INST. NO. 20520344 Ilk I WEST LINE OF SECTION 36. NOTHING FOUND OR SET AS LOCATION LANDS IN INTERSTATE S 89°53'17" E 5290.73_ 25 0 rn N / N 1/2 OF THE NW 1/4 M / SECTION 36 SEE RECORD OF SURVEY / FOR J.R. SIMPLOT CD INST. NO. 735412 / A,f)l R 98.37' # BEARING DISTANCE SE 1/4 OF l THE NE 1/4 M SECT/ON 35 (EAST OF /-15 / R/GHT-OF- WA YJ / I / ' I 35 — 1322.89' — — N 36S 89°50'55" E NE 1/4 OF V WEST 1/4 CORNER OF SECTION 36. THE SE 1/4 ' FOUND MONUMENT BENT WITH NO SECT/ON 35 I CAP. SEE CP & F INST. NO.735416 4' (EAST OF /--15 RIO, T - OF- WA Y) 1 M Co 0 Co N Co Co S 89°52'06" E 2644.75' :MWS-89'72'T6-"—ET2546-38-7 36 -NORTH 1/4 CORNER OF SECTION 36. NOTHING FOUND OR SET AS LOCATION I LANDS IN CULTIVATED FIELD. 2647.02' NE 1/4 SECT/ON 36 — — 25 30 — — — 36 31 NORTHEAST CORNER OF SECTION 36. FOUND MONUMENT AS DESCRIBED PER CP&F INST. NO. 735419 mroo AL LOT 1 SECTION 31 SEE RECORDS OF SURVEY FOR GATE CITY SPORT SHOOTERS E I ASSOC. INST. NOS. 20002814 & 22102664 0 �n — o N I � I � �rrr I LJ SW 1/4 OF THE NW 1/4 I SE 1/4 OF THE NW 1/4 SECT/ON 36 SECT/ON 36 1322.89' 5287.17' mmmjm ITHE VEDA J. RUPP REVOCABLE LIVING a, AGREEMENT OF TRUST (AMENDED) INST. NO. 21514114 Ir J o CO SW 1/4 U 4 1- THE ARDEN D. HALE TRUST M I C> INST. NO. 722338 0 z I THE VEDA J. RUPP REVOCABLE LIVING AGREEMENT OF TRUST (AMENDED) c+o INST. NO. 21514114 o � LEAST11, CORNER OF LOT 2 0" 01 CENTER 1/4 CORNER OF SECTION SECTION 36. FOUND SECTION 31 !A I 36. NOTHING FOUND OR SET AS MONUMENT AS LOCATION IS IN A CULTIVATED DESCRIBED PER CP&F FIELD. SEE CP&F INST. NO. 735414 INST. NO. 21108788. S 89050'55" E 2641.38' (SEE NOTE 2) 36 36 31 I Lu w MILo M LOT 3 SECTION 31 I � N I _ THE SE 1/4 E 1/2 OF THE SE 1/4 %ON 36 I SECT/ON 36 I LINE TABLE # BEARING DISTANCE L1 N 00°49'09" W 199.39' L2 N 19'10'22" E 242.09' I I SECT/ON 36 > — — — — y N 90000'00" W 1320.05' M 1,� o �1 N ° 0 W < _ W I M \ p WHITE (JACOBSEN) I I O SOUTH 1/4 CORNER OF OI SECTION 36. FOUND 1.5" 00 ALUMINUM CAP MONUMENT r - C -4 _ MOUNTAIN VIEW FARMS, INC. M INST. NO. 737906 Lo CD N �I p SEE RECORD OF SURVEY FOR MTN. VIEW FARMS, INC. oI INST. NO. 21108789 o LOT 4 O SECTION 31 I I I 01 APPROXIMATELY 9' SOUTH OF I NORTHWEST CORNER OF I z THE NORTH LINE OF SECTION 1. I SECTION 6. FOUND 1961 BLM BCM SEE CP & F INST. NO. 735417 I PER CP & F INST. NO. 735423 1 — 35 36 830.84' 11111111111111110 — S 89057'06" W 1906 4111111 41111110.2 — — 36 —T. 5 S., R. 34 E. S 89°31I'44" E 2553.84' _ 36 31 — — N 9°20' I 2 1 NORTHEAST CORNER OF 1 T. 6 S., R. 34 E. 1 6 1319. SECTION 1.5/8" REBAR WITH I THOMPSON (CREEK HOLLOW & ASSOC.) I NORTHEAST CORNER OF I 2" ALUMINUM CAP STAMPED I IN NORTH 1/4 CORNER OF SECTION 1. I GOVERNMENT LOT 4. NOTHING I I "RMES PELS 2341" PER CP&F O FOUND BANNOCK COUNTY BCM. FOUND OR SET. CALCULATED INST. NO. 21800885. I� SEE CP & F INST. NO. 21808352 I I POSITION PER CP & F INST. NOS N I 94013315-21 AND ORIGINAL SURVEYS 1 I Eo 00 I w 6 GOVERNMENT LOT 4 GOVERNMENT LOT 3 GOVERNMENTLOT2 GOVERNMENTLOT 1 GOVERNMENTLOT4 SECTION 1 SECTION 1 m SECT/ON 1 SECT/ON i N SECT/ON 6 IN I SECTION 1 - I M rn O M I z �� SEE RECORD OF 1 SURVEY FOR RUPP & TOWN CENTER JV I I INST. NO. 21808363 WEST 1/4 CORNER OF SECTION 1. I FOUND 1" IRON ROD WITH NO CAP PER CP & F INST. NO. 20520359 1 S 89°54'37" E 2629.33' I 1 S 1/2 OF THE NE 1/4 SECTION 1 CREEK FOLLOW & ASSOC. CENTER 1/4 CORNER OF SECTION 1. 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "CHA PLS 12457". SEE CP & F INST. NO. 21808353 BASIS OF BEARINGS S 89°54'37" E 2623.48' EAST 1/4 CORNER OF SECTION 1. FOUND 2" CITY OF POCATELLO HORIZONTAL CONTROL MONUMENT PER CP & F INST. NO. 94013315 S 0010'58" W 56.61' 1 SECT/ON 6 WEST 1/4 CORNER OF SECTION 6.5/8" BY 24" REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341" RECORDED AS INST. NO. 21707718 CURVE TABLE I RADIUS I ARC LENGTH I CHORD BEARING FT I wI I 154.78' LANDS PREVIOUSLY Io 154.78' FC2 b 10°50'19" I 1072.86' ANNEXED PER CITY OF - z o CHUBBUCK ORD. NO. 780 °' I o I INST. NO. 21818686 rl-I 2565.72' z 1110.07' -- -- - - - -- N -- -- ---1NL9DO ' W_fi75.79' --�-- - Lo I �� M LANDS PREVIOUSLY N I ANNEXED PER CITY OF CHUBBUCK ORD. 780 - �► S 1/2 OF THE NW 1/4 o INST. NO. 21818686 68 GOVERNMENTLOT5 IN I SECTION 1 - I M rn O M I z �� SEE RECORD OF 1 SURVEY FOR RUPP & TOWN CENTER JV I I INST. NO. 21808363 WEST 1/4 CORNER OF SECTION 1. I FOUND 1" IRON ROD WITH NO CAP PER CP & F INST. NO. 20520359 1 S 89°54'37" E 2629.33' I 1 S 1/2 OF THE NE 1/4 SECTION 1 CREEK FOLLOW & ASSOC. CENTER 1/4 CORNER OF SECTION 1. 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "CHA PLS 12457". SEE CP & F INST. NO. 21808353 BASIS OF BEARINGS S 89°54'37" E 2623.48' EAST 1/4 CORNER OF SECTION 1. FOUND 2" CITY OF POCATELLO HORIZONTAL CONTROL MONUMENT PER CP & F INST. NO. 94013315 S 0010'58" W 56.61' 1 SECT/ON 6 WEST 1/4 CORNER OF SECTION 6.5/8" BY 24" REBAR WITH ALUMINUM CAP STAMPED "RMES PELS 2341" RECORDED AS INST. NO. 21707718 CURVE TABLE # RADIUS A ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE C1 11279.16' 0°47'11" 154.78' 77.39' S 06°56'28" W 154.78' FC2 11309.16' 10°50'19" 2139.33' 1072.86' S 13°45'13" W 2136.14' SURVEYOR'S NARRATl ,11 D NOTES 1. THE PURPOSE OF THIS PROJECT IS TO ANNEX SEVERAL ALIQUOT PARTS OF LAND AS FOUND IN CORRECTED QUITCLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 21514114. PORTIONS OF THOSE ALIQUOT PARTS HAVE ALREADY BEEN ANNEXED INTO THE CITY OF CHUBBUCK PER CITY OF CHUBBUCK ORDINANCE NO. 780, RECORDED AS INSTRUMENT NO. 21818686. 2. THE BOUNDARIES WERE SOLVED BY LOCATING EXISTING SECTION MONUMENTS. A DISCREPANCY WAS ENCOUNTERED WITH A PREVIOUS RECORD OF SURVEY IN WHICH A REFERENCE MONUMENT WAS CONFUSED WITH THE LOCATION OF THE ACTUAL SECTION CORNER. SEE CORNER PERPETUATION RECORDED AS INSTRUMENT NO. 94013316 FOR DETAILS. GRAPHIC SCALE 500 0 250 500 mw_ M EEL- ( IN FEET) 1 inch = 500' WEST 1/16 CORNER OF SECTION 6. FOUND 5/8" REBAR WITH 2" ALUMINUM S 89°47'38" E CAP STAMPED "RMES PELS 2341" PER 1114.26' RECORD OF SURVEY INST. NO. 21707717 FOR PRELIMINAR" USE ONLY BASIS OFBEAR/NGS THE LATITUDINAL CENTERLINE OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST WAS ASSUMED TO BE SOUTH 89°54'37" EAST BETWEEN THE CENTER 1/4 CORNER AND THE SOUTHEAST CORNER PER THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. DISPLAY MAP FOR: CHUBBUCK ANNEXATION LOCATED IN THE EAST 1/2 OF SECTION 35, THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 36 AND THE SOUTH 1/2 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 34 EAST; GOVERNMENT LOTS 1 & 2, SECTION 1, TOWNSHIP 6 SOUTH, RANGE 34 EAST; AND GOVERNMENT LOT 4, SECTION 6, TOWNSHIP 6 SOUTH, RANGE 35 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO "MAW"4W Engineers * Surveyors • Planners 6O East Oak Street + Pocatello, /D 83201 * (2081234-0110 www.rmes.biz REVISIONS SURVEYED BY: SRM, PS 1. OFFICE WORK BY: SOB 2. DATE: March 31, 2023 DRAWING: R:\23\RUPP, LAVELLE\ANNEXATION - 23-012\ SURV\CAD\2023 RUPP ANNEXATION.DWG SCALE: 1 INCH = 500 FEET PROJECT NO: 23-012 SHEET 1 OF 1 Chubbuck Zoning Districts Agriculture (A) Single Family Residential (R-1) Limited Residential (R-2) Limited Residential - P (R -2P) ■ Dense Residential (R-4) Limited Commercial (C-1) ■ General Commercial (C-2) ® Industrial (I) ■ Planned Unit Development (PUD) ■ Creative Community Creative Community -Northside Crossing (CC -NC) Creative Community -Harvest Springs (CC -HS) County _■ Highway Cooridor (HC) ■ Village (V) EXHIBIT 2A: CURRENT ZONING MAP Initial Zone Designation EXHIBIT 213: STANDARDS FOR REVIEWING A LAND USE DISTRICT DESIGNATION State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications for changes in land use districts/zoning. Specifically: 1. Idaho Code §67-65 Local Land Use Planning 2. Chubbuck City Code Title 18, Land Use 3. City of Chubbuck Comprehensive Plan Our Valley Our Vision (as amended) IDAHO CODE §67-6511: ZONING ORDINANCE SUBSECTION 2(a) REQUESTS FOR AN AMENDMENT TO THE ZONING ORDINANCE — DELIVERY OF SERVICES STATE LAW Consider effects of zone change upon delivery of services by any political subdivision providing public service within the City RESPONSE Notices were sent to each of the following agencies regarding the proposed action: Bannock County Planning & Development Fort Hall Irrigation Project/Bureau of Indian Affairs Idaho Fish and Game North Bannock Fire District Pocatello Regional Airport Pocatello Regional Transit Pocatello/Chubbuck School District 25 Pocatello-Chubbuck Auditorium District Portneuf District Library Southeastern Idaho Public Health RESPONSE As a courtesy, notices were also sent to: Bannock County Assessor City of Pocatello Idaho Power Intermountain Gas COMMENT No comments were received from any of the above utilities or agencies SUBSECTION 2(B) PUBLIC NOTICE OF PROPOSED CHANGES STATE LAW Various notification requirements are addressed in Procedures section of the report. SUBSECTION 2(C) PROPOSED CHANGES — COMPLIANCE WITH THE COMPREHENSIVE PLAN STATE LAW Governing board to analyze proposed changes to ensure they are not in conflict with the policies of the Comprehensive Plan RESPONSE If the request is in conflict with the Plan, OR would result in demonstrable adverse impacts on public services per subsection 2(a), governing board may: • Require the application be submitted to the LUDC, or • In the absence of a commission, consider an amendment to the Plan COMMENT All applications for changes inland use district/zoning are presented to the LUDC for recommendation before going to the City Council COMPREHENSIVE PLAN CHAPTER 4: LAND USE THE PLAN DISTRICT -ZONE DISTRICT CONVERSION TABLE INDICATES WHICH ZONING DISTRICTS SHALL BE ALLOWED WITHIN EACH PLAN DISTRICT OBJECTIVE Only the zoning districts listed in the table shall be allowed in the corresponding plan districts as shown on the Comprehensive Plan Map PLAN -ZONE plan Designation Zoning District Permitted CONVERSION TABLE LDR - Low Density Residential R-1 - Single Family Residential R-2 - Limited Residential MDR - Medium Density Residential R-2 - Limited Residential R-3 - General Residential HDR - High Density Residential R-3 — General Residential R-4 - Dense Residential C — Commercial C-1 - Limited Commercial C-2 - General Commercial E - Employment C-2 - General Commercial I - Industrial MU — Mixed Use R-1, R-2, R-3, R-4, C-1 COMMENT Agriculture (A) is not listed as a permitted zoning district in any of the Future Land Use categories. This site is outside the USB; it is not yet accessible as is not ready for development. GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The project is not within the Urban Service Boundary and it is currently farmland. The property is not planned for development in the near future. At that time efficient land development will be addressed and developers will install the necessary utilities. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY c. Make use of planned unit developments (PUD) to accommodate development on tracts with difficult shape or location COMMENT When the property is developed it may become a creative community or PUD. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas COMMENT A specific plan will come forward in the future. Other codes and policies may be identified from State Law, City Code, or the Comprehensive Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. See additional Comprehensive Plan Goals, Objectives, and Policies in Exhibit 4b. EXHIBIT 3A: COMPREHENSIVE PLAN FUTURE LAND USE MAP Initial Zone Designation Land Use Designation Commercial Employment HirshI7-ncitu ...Z,. - -f Love Density Medium Density Mixed Use Highway Village EXHIBIT 313: COMPREHENSIVE PLAN ADDITIONAL POLICIES RELEVANT TO THE APPLICATION Staff has identified the following goals, objectives, and policies as potentially applying to this application, decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site is outside the USB but not slated for immediate development. As utilities are planned for development the USB is updated. POLICY e. Ensure that new development in wildfire prone areas implements precautionary measures COMMENT I To be implemented as development occurs. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT This zoning request accompanies the annexation application. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT This zoning request accompanies the annexation application. OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY b. New water and sewer lines into unserved areas shall be provided at the developer's expense COMMENT Development of the site will be required to extend services. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT To be implemented as development occurs. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT Developers of the site will be required to extend services that meet standards. CHAPTER 8: RECREATION GOAL 8.1 BROADEN RECREATIONAL OPPORTUNITIES OBJECTIVE 8.1.2 Create new parks and recreational facilities to serve both new development in existing neighborhoods and new communities POLICY c. Encourage the creation of neighborhood parks in conjunction with large-scale residential development and as part of the neighborhood refinement plan process COMMENT I To be implemented as development occurs. CHAPTER 9: NATURAL RESOURCES GOAL 9.3 PROTECT AIR FROM POLLUTION OBJECTIVE 9.3.1 Help citizens reduce reliance on automobiles and the number of daily vehicle miles traveled POLICY d. Provide a mix of land uses, a more -connected street network, and alternative modes of transportation, including buses and shuttles COMMENT To be implemented as development occurs. CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT To be implemented with project approvals and as development occurs. CHAPTER 11: ECONOMIC DEVELOPMENT GOAL 11.2 CENTRALIZE COMMERCIAL EFFORTS OBJECTIVE 11.2.2 Identify future potential commercial in areas of future growth and development POLICY a. Allow future commercial growth to occur within new neighborhoods in a manner that is consistent with the community design principles defined in Chapter 6: Community Design COMMENT To be implemented as site planning and development occurs. Urban Services Boundary Within city limits -�- and in USB Not within city but within USB Within city limits But not in USB EXHIBIT 3C: COMPREHENSIVE PLAN URBAN SERVICES BOUNDARY Initial Zone Designation CHUBBUCK I n A H o City of Chubbuck Land Use and Development Commission Regular Meeting May 9, 2023 6:00 PM City Hall Council Chambers 290 East Linden, Chubbuck, ID 83202 MINUTES Board Members Present: Chair Jason Mendenhall, Brett Hiltbrand, Thais Ayre, Mike Schwartz, Darell Stewart, and Adam Thayer. Staff Members Present: Attorney Ryan Lewis, Planning Manager Don Matson, Community Services Director Devin Hillam, and City Clerk Joey Bowers. Mendenhall called the meeting to order at 6:OOpm. Mendenhall asked if any commissioners had a conflict of interest with the items before the board. None were reported. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF THE MINUTES: April 11, 2023. Mendenhall entertained a motion to approve the minutes as emailed. Thayer moved to accept the meeting minutes of April 11, 2023 as emailed; Schwartz seconded. The full commission approved. PUBLIC HEARING 1. An application for initial designation of property into the Agriculture (A) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 497.51 acres of land is generally located on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway in Bannock County, Idaho. At the meeting, the Commission will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.050.B. Type of Action: Recommendation. Trustee Lavelle Rupp represented the Harold L. Rupp Sr. Trust and the Beta J. Rupp Trust. Mr. Rupp stated that they had submitted an application for annexation into the City of Chubbuck. Mr. Rupp also stated that they had looked at all their options over a number of years; and it is in their best interest to be annexed into the City of Chubbuck. Planning Manager Don Matson stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Mendenhall declared the public hearing open for public comment, due to no public comment Mendenhall closed the public hearing. Ayre motioned to recommend the initial zoning as Agriculture (A) on 497.51 acres of land to the City Council as presented. Schwartz seconded. With all commission members understanding the motion they voted. Roll Call Vote: Darell Stewart, Yes; Jason Mendenhall, Yes; Brett Hiltbrand, Yes; Adam Thayer, Yes; Mike Schwartz, Yes; Thais Ayre, Yes; Motion carried. ADJOURN: Mendenhall adjourned at 6:08. Jason Mendenhall, Chairperson Joey Bowers, City Clerk