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HomeMy WebLinkAboutItem #3 Miller ParkCITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ANNEXING CERTAIN LANDS APPROXIMATELY 22.67 ACRES IN SIZE TO BE INCLUDED WITHIN THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUC& IDAHO; SPECIFYING THE ZONING CLASSIFICATION OF LIMITED RESIDENTIAL (R-2) WHICH SHALL BE APPLIED TO SAID LANDS NEWLY ANNEXED TO THE CITY OF CHUBBUCK; 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: See attached Exhibit for legal description of the lands annexed, being approximately 22.67 acres located at the northwest corner of Philbin Rd and Angela St. Section 2. Zoning. The above-described lands newly annexed to the City of Chubbuck, Idaho, shall be subject to the zoning classification of Limited Residential (R-2). Section 3. Comprehensive Plan. The Mayor and Council find, and therefore declare, that the foregoing changes in the Land Use Districts established in Title 18, Chubbuck Code, are consistent with the land use pattern prescribed by the City's Comprehensive Plan for the above-described property. Section 4. Recording. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. ANNEXATION AND ZONING - Page 1 ADMINISTRATIVE PROVISIONS Section 1. 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and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.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 2. 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 3. 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 effective 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 ATTEST: Joey Bowers, CITY CLERK ANNEXATION AND ZONING - Page 2 , 20 Kevin B. England, MAYOR ANNEXATION BOUNDARY DESORIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 1/4 CORNER OF SECTION 5 BEING MARKED BY A 5/8 INCH REBAR WITH A 2 INCH ALUMINUM CAP, SEE CORNER PERPETUATION INST. NO. 22126715; THENCE NORTH 89029'28" WEST, (BASIS OF BEARING PER CENTRAL MERIDIAN OF EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM), ALONG THE LATITUDINAL CENTER LINE OF SAID SECTION 5, A DISTANCE OF 1318.82 FEETTO THE EAST 1/16 CORNER OF SECTION 5; THENCE SOUTH 00°33'34" EAST, ALONG THE EAST 1/16 LINE OF SECTION 5, ALSO ALONG THE EAST BOUNDARY LINES OF BROOKSTONE ESTATES DIVISION 8, RECORDED AS INST. NO. 22103486 AND BROOKSTONE ESTATES DIVISION 6, RECORDED AS INST. NO. 21510753, A DISTANCE OF 634.32 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF ANNEXATION ORDINANCE 540, RECORDED AS INST. NO. 20713392; THENCE ALONG THE NORTH BOUNDARY LINE OF SAID ANNEXATION FOR THE NEXT EIGHT (8) COURSES: 1. NORTH 89°26'34" EAST A DISTANCE OF 192.29 FEET; 2. SOUTH 35°08'24" EAST A DISTANCE OF 147.83 FEET; 3. SOUTH 29°16'55" EAST A DISTANCE OF 71.38 FEET; 4. NORTH 69018'42" EAST A DISTANCE OF 181.66 FEET TO A POINT OF NON -TANGENCY OF A 233.00 FOOT RADIUS CURVE WHOSE CENTER BEARS SOUTH 69°18'42" WEST; 5. FOLLOWING SAID CURVE IN A CLOCKWISE DIRECTION FOR AN ARC LENGTH OF 7.98 FEET, THROUGH A CENTRAL ANGLE OF 01"57'40", (THE CHORD OF SAID CURVE BEARS SOUTH 19042'28" EAST A DISTANCE OF 7.97 FEET) TO A POINT OF NON -TANGENCY; 6. NORTH 65°05'15" EAST A DISTANCE OF 131.58 FEET; 7. SOUTH 17"04'32" EAST A DISTANCE OF 96.97 FEET; 8. NORTH 89°43'52" EAST A DISTANCE OF 683.03 FEET TO A POINT ON THE EAST BOUNDARY LINE OF SECTION 5; THENCE NORTH 00°16'08" WEST, ALONG THE EAST BOUNDARY LINE OF SECTION 5, A DISTANCE OF 781.27 FEET TO TWF POINT OF BEGINNING. CONTAINING 22.67 ACRES MORE OR LESS ANNEXATION FOR CITY OF CMU BIUCK LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP SOUTH, RANGE 34 EAST, B.M„ BANNOCK COUNTY, IDAHO DRAFTERIM.. BAKER I DRAWING IC.O.C. ANNEX )ESIGNER M. BAKER I FILEPATH MAP -DWG n LEGAL DESCRIPTION FOR: LAND USE MAP ANNEXATION FIGURE NO. ANNEXATION FOR THE CITY OF F-1 CHUBBUCK, IDAH • DATE .TUNE -2023 v"` M tMO a W tom% in e M 0 S N 89029'28" W 1318.32' + EAST 1/4 CORNER OF SECTION 5, $ FOUND 2 INCH ALUMINUM CAP STAMPED PLS 18971, SEE CORNER PERPETUATION INET. NO, 22126715 1 LIVE TABLE NUMBER DIRECTION DISTANCE L1� S 35°08'24" E 147.83' L2 S 29°16'55" E 71.38' L3 N 69.18'42" E 181.66' L4 N 65°05'15" E 131.58' L5 S 17°04'32" E 96.97' NICo ---la00 PELTA ANGLE ARC LENGTH TANGENT RADIUS CHORD DIRECTION CHORD LENGTH Cl O1°57'40" 7.9B' 3.99' 233.00' S 19°42'28" 7 y CURVE TABLE 0 I , o O e Z s N 89026'34" 192.29' E I a Cl �i ' V3 N 89043`52" E 683.03' v a w ry 'S ro 0 NUMBER � ANG FLA PELTA ANGLE ARC LENGTH TANGENT RADIUS CHORD DIRECTION CHORD LENGTH Cl O1°57'40" 7.9B' 3.99' 233.00' S 19°42'28" z SCALE (IN FEET) 1 inch 4 200 feet ANNEXATION FOR O/1Y OF 0HUBIBUCK LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO DRAFTERIM. BAKER IDRAWING C.O.C. ANNEX )ESIGNER M. BAKER FILEPATH MAP.DWG sr. " I QRAPI-!10 SOUTHEAST CORNER OF SECTION 5, FOUND BRASS CAP IN VAULT, SEE CORNER PERPETUATION INST. NO. 22215751 LEGAL DISPLAY FOR: a 9 LAND USE MAP ANNEXATION FIGURE Np, ANNEXATION FOR THE CITY OF ` 2 CHUBBUCK, IDAH .. _ DATE.... CHUBBUCK 1 0 A H 0 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: August 9, 2023 RE: An application for initial designation of property into the Limited Residential (R-2) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property comprises approximately 22.67 acres of land located at the northwest corner of Philbin Road and Angela Street in Chubbuck, Idaho. BACKGROUND: The parcel was acquired by the City several years ago for the development of a park and a fire station but was not annexed at that time. Upon annexation, a zoning district must be designated. Limited Residential (R-2) is recommended by the Land Use and Development Commission (LUDC). 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 designations. At a public hearing before the LUDC on August 8, 2023 regarding the proposal, City staff made a presentation and answered questions from the Commission. One comment was offered from the public during the hearing. Following the hearing members of the LUDC discussed the application materials and presentation, and unanimously recommended approval of the proposal. See attached for additional information on the application. REQUEST: Review the attached staff report and exhibits and determine whether to approve, deny, or table the application. Minutes from the LUDC meeting are not yet available. If approved, the action will take effect via ordinance, and upon completion of annexation of the property. REFERENCE MAP: ATTACHMENTS: A. Findings of Fact and Conclusions of Law B. Staff Report to LUDC with Application and Other Exhibits Minutes from the LUDC meeting on August 8, 2023 are not yet available. /6474ic\ CHUBBUCKH 0 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CHUBBUCK 1 0 A H 0 Attachment 1 CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR INITIAL ZONING DESIGNATION OF LIMITED RESIDENTIAL (R-2) ON 22.67 ACRES AT THE NORTHWEST CORNER OF PHILBIN RD AND ANGELA ST FACTS REQUEST: An application for initial designation of property into the Limited Residential (R-2) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property comprises approximately 22.67 acres of land located at the northwest corner of Philbin Road and Angela Street in Chubbuck, 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: Devin Hillam Community Services Director City of Chubbuck 290 E Linden Ave Chubbuck, ID 83202 OWNER: City of Chubbuck 290 E Linden Ave Chubbuck, ID 83202 LOCATION: The site is at the northwest corner of Philbin Rd and Angela St. The site includes Bannock County parcel number R3853006504. COMPREHENSIVE PLAN FUTURE LAND MAP DESIGNATION: Mixed Use (MU) and Medium Density Residential (MDR) SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Bannock County Residential RECENT TRAFFIC COUNTS ON PHILBIN RD: Suburban South of Siphon — 2020, 2,518/day PROJECT SIZE: ±22.67 acres North of Chubbuck — 2021, 3,445/day VIEWS: Generally visible from all directions South of Chubbuck — 2021, 6,896/day TOPOGRAPHY: Generally flat RECENT TRAFFIC COUNTS ON CHUBBUCK RD: EXISTING STRUCTURES: West of Philbin — 2021, 3,053/day IRRIGATION FACILITIES: City pump station East of Philbin — 2022, 6,665/day SURROUNDING LAND USES AND ZONING NORTH: Rural residential — large lots; Bannock County Residential Suburban zone EAST: Rural residential — large lots; Bannock County Agricultural zone SOUTH: Single family residential; zone Single -Family Residential (R-1) WEST: Single family residential; Limited Residential P zone (R -2P) Attachment 1 Initial Zoning Designation Approval Form- FFCL SERVICES: ACCESS STREET: Philbin Rd, Angela St, and Petersburg Dr. EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, water mains present in Petersburg Dr and Angela St. SEWAGE DISPOSAL: City of Chubbuck, sewer mains present in Petersburg Dr and Angela St. PRESSURIZED IRRIGATION: City pump on property, irrigation lines in Angela St. 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 August 8, 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. 1940�-,P\ CHUBBUCK I D A H O 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Attachment 1 Initial Zoning Designation Approval Form- FFCL FINDINGS 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 Limited Residential (R-2) 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. 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 /94�0,0\ CHUBBUCK I D A H O 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Attachment 1 Initial Zoning Designation Approval Form- FFCL 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 I D A H O Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Attachment 2 CHUBBUCK I o A H 0 Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www. C ityofC h u b buck. us APPLICATION FOR INITIAL ZONING DESIGNATION OF LIMITED RESIDENTIAL (R-2) ON 22.67 ACRES CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON AUGUST 8, 2023 SUMMARY DESCRIPTION: An application for initial designation of property into the Limited Residential (R-2) Land Use District (zone) that is proposed to be annexed into the City of Chubbuck. The subject property comprises approximately 22.67 acres of land located at the northwest corner of Philbin Road and Angela Street in Chubbuck, Idaho. Type of Action: Recommendation (Action Item). STAFF FINDINGS: After reviewing the application, Staff finds that it meets the requirements for the Designation in the Limited Residential (R-2) Land Use District. • The Comprehensive Plan Future Land Use map designates this area for Mixed Use (MU) and Medium Density Residential (MDR) development, o MU is supported by the R-1, R-2, R-3, R-4, and C-1, and o MDR is supported by the R-2 and R-3 zoning districts. • The application has met City Code requirements to be heard for a change in land use district. • Staff recommends approval. o It complies with the Comprehensive Plan and is not deemed spot zoning. o The requested zone, Limited Residential (R-2), is compatible with the neighboring Single - Family Residential (R-1) and Limited Residential P (R -2P) zones. FACTS BACKGROUND: This parcel and an adjacent lot were purchased several years ago for development as a city park and a fire station, with a combined area of over 31 acres. The other parcel, along the north side of Angela St and south of this parcel, was annexed in 2007. A city -owned secondary pressurized irrigation pump station is located on the northwest corner of the property. Surrounding parcels are built with suburban (single-family) and rural (large lot) residential development. A public hearing for this proposal was held before the Commission on July 11, 2023, but due to a procedural error the hearing will be repeated on August 8, 2023. Staff has fielded several questions from the public about this hearing. Callers have been assured that a park and fire station are still planned for the property, and the zoning action is part of the annexation process. Attachment 2 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: Devin Hillam City of Chubbuck Community Services Director 290 E Linden Ave City of Chubbuck Chubbuck, ID 83202 290 E Linden Ave Chubbuck, ID 83202 LOCATION: The site is at the northwest corner of Philbin Rd and Angela St. The site includes Bannock County parcel number R3853006504. REFERENCE MAP: SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Residential Suburban PROJECT SIZE: ±22.67 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: IRRIGATION FACILITIES: City pump station RECENT TRAFFIC COUNTS ON PHILBIN RD: South of Siphon — 2020, 2,518/day North of Chubbuck— 2021, 3,445/day South of Chubbuck— 2021, 6,896/day RECENT TRAFFIC COUNTS ON CHUBBUCK RD: West of Philbin — 2021, 3,053/day East of Philbin — 2022, 6,665/day 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 A H 8 Attachment 2 SURROUNDING LAND USES AND ZONING NORTH: Rural residential — large lots; Bannock County Residential Suburban zone EAST: Rural residential — large lots; Bannock County Agricultural zone SOUTH: Single family residential; zone Single -Family Residential (R-1) WEST: Single family residential; Limited Residential P zone (R -2P) SERVICES: ACCESS STREET: Philbin Rd, Angela St, and Petersburg Dr. EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, water mains present in Petersburg Dr and Angela St. SEWAGE DISPOSAL: City of Chubbuck, sewer mains present in Petersburg Dr and Angela St. PRESSURIZED IRRIGATION: City pump on property, irrigation lines in Angela St. 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; 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; 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 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 PUBLIC COMMENTS RECEIVED: One written comment was received from the general public as of this report. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 ANALYSIS AND RECOMMENDATIONS SPOT ZONING: Attachment 2 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 R-2 zone supports the MU and MDR designations on the Future Land Use Map. 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 R-2 zone is "to provide for neighborhoods of single household dwellings, class I production buildings, and abutting zero lot line residences" (Title 18.08.10.C.). The proposed zone, and proposed use of the property, do not meet the definition of spot zoning 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. Di 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1DAHO STANDARDS FOR APPROVAL: CITY CODE SECTION 18.28.050.8A POLICY 1 The proposed map amendment would be in the community's best interest. RESPONSE Response. The R-2 district is a low intensity zoning district and is similar to surrounding districts. To the west properties are in the R -2P zone, and to the south the R-1 zone. The zoning and annexation will place the property entirely within the city limits and subject to city code and regulations. 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 Response. The R-2 district is a low intensity zoning district and is similar to surrounding districts. To the west properties are in the R -2P zone, and to the south the R-1 zone. The uses allowed In POLICY 3 The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. RESPONSE Response. The subject property, because of its topography and availability of utilities, is suitable for R-2 permitted uses and many others. However, the planned uses of the property are a public park and fire station. 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 Response. The property is adequately served by public agencies and utilities. Di 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1DAHO Attachment 2 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 furthers the goals, objectives, and policies of the Comprehensive Plan. More information can be found in EXHIBIT 3B. STAFF RECOMMENDATION Staff recommends approval of the application. • It complies with the Comprehensive Plan and is not deemed spot zoning. • The requested zone, Limited Residential (R-2), is compatible with the neighboring Single -Family Residential (R-1) and Limited Residential P (R -2P) zones. • Recommended conditions: none. EXHIBITS 1. Application Materials 2. Zoning and Land Use a. Current Zoning Map and Proposed Designation 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 4. Public Comment Received Additional materials on file with staff, available upon request: • Copy of warranty deed • 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: August 1, 2023 brought to light at or before the hearing. Aii��Ic\ CHUBBUCK 1 0 290 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 ;Attachment 2 : Exhibit 1: --tach--- Application 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 least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAINllk Y N AMOUNT: SECTION A APPLICANT INFORMATION Al. Name Devin Hillam, Community Services Director, City of Chubbuck A2. Mailing Address 290 E Linden Ave city Chubbuck State ID Zip Code 83202 A3. Phone Number {including area code) A4, Email Address 208-237-2400 dhillam@cityofchubbuck.us A5. Is Applicant the Owner of Record? 0 Yes I] No; If "No", an Affidavit of Legal interest must be completed and submitted SECTION IB- OWNER INFORMATION (IF DIFFERENTTHAN PART A) 131, Name City of Chubbuck 132, Mailing Address 290 E Linden Ave city Chubbuck state ID Zip Code 83202 133. Phone Number (including area code) 134. Email Address 208-237-2400 dhillam@cityofchubbuck.us SECTION C -SITE INFORMATION Cl. Site Address (or location If no address) City Zip C2. Tax Parcel #fs) Northwest corner of Philbin & Angela St. 83853008504 SECTION D -PLANNING INFORMATION D1. Gross Area D2. Comprehensive Plan Future Land Use Designation(s) 22.67 acres Medium Density Residential - MDR D3. Current/Existing Land Use(s) & Structures 134. Current Zone(s) Vacant field; includes city -owned secondary County- Residential Suburban pressurized irrigation system pump station D5, Proposed Zone(s) D6. Acreage for Each Proposed Zone: R-2 22.67 acres D7. Proposed Land Use(s), if known: City Park and Future Fire Station. Date of park and station improvements are unknown. SECTION E --SUBMITTAL REQUIREMENTS & DOCUMENTS dJ /rwlvaCl_ CHUBBUCK I B 9 H a 290 E Linden Avenue Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us I- - - - - - - - - - - - - Attachment 2' Exhibit 1: Application INITIAL ZONING APPLICATION Aug. 2021 Form PAGE 2 OF 4 E1. Application Fees: $535 + $1.50/mailing ( '] 2i # of mailings) Waived total E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by A 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. 5. 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.) Es. 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? The R-2 district is the lowest intensity zoning district allowed by City ordinance. This use is similar to surrounding zoning districts. West of this property are properties zoned R -2P and south of this property are properties zoned R-1. The zoning and annexation will place the property known as future "Miller Park" entirely within the limits of the City and subject to the City's codes and regulations. 2. How do you believe the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? As previously stated, the requested R-2 zoning district is similar to the adjoining zoning districts. West of the subject property is an R -2P zoning district and south of the property is an R-1 zoning district, The uses allowed in R-2, R -2P, and R-1 are very similar with the primary difference being that zero lot line residences are permitted in R-2 zones and duplexes are conditionally permitted, and the R-2 district allows for a slightly higher development intensity. However, the Cit of Chubbuck owns the property and intends to develop it into a public city park and fire station. In all zones in Chubbuck, a fire station would require a conditional use permit approval. 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 - Fax 208.237.2409 www.CityofChubbuck.us i- - - - - - - - - - - - - i Attachment 2, Exhibit 1: Application 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? The uses in the zone, if following the general controls established in section 18.08.040, align themselves with the surrounding R-1 and R -2P zoning districts with similar scale, mass, coverage, density, and intensity regulations. However, the planned uses of this property are for a public city park and fire station. 4. To your knowledge, is there anything that would prevent the site under the proposed zoning from being served by transportation routes, police, fire, EMS protection, water/sewer, schools, and other public agencies or facilities? There are no items which would prevent or hinder the serving of the property by public agencies under the proposed zone or any other zone. 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. The Plan's Future Land Use Map designates this property as Mixed Use (MU) and Medium Density Residential (MDR); the MU designation runs from Philbin westward for 1/10th of a mile and the MDR designation occupies the remainder of the subject property. Under Table 4-3 of the Plan, in the MU area and Chapter 4's Objective 5.1, Police A., any of the residential zones and C-1 can be assigned, and in the MDR area, R-2 or R-3 are the eligible zoning districts. A residential zone on this property fulfills Chapter 4's Objective 1.2 and its policies to ensure that public services and infrastructure are available. Even not considering the future park and fire station and looking at all of the allowed used in this zone, the limited residential uses fulfill the requirements of the Plan and are compatible with surrounding uses and zoning. The park and fire station, once developed, will fulfill Chapter 4's Objectives 2.1-2.3 and Chapter 5's Goal 1, Objective 1.2 and the associated policies by providing amenities that enhance the appearance of the residential area and that provide parks and trails to city residents. A fire station on this site will help fulfill Chapter 7's Goal 2, Objective 2.1 and its policies to provide constant and effective emergency medical service, and fire service. li 7,44 e� \ \ CHUBBUCK io9Ha 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Attachment 2 Exhibit 1: Application INITIAL ZONING APPLICATION Aug. 2021 Farre PAGE 4 OF 4 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 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 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. • I hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • I 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 certifythat 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. Signature F2. Printed Name F3. Date —IA,- 4�' I, ', Devin Hillam 6.13.23 STOP: SECTION G -FOR STAFF USE ONLY -71irh 3 = `0 Attachment 2 Exhibit 1: Application ANNEXATION ,BOUNDARY OESORIPTION A PARCEL OF LANG? LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 1/4 CORNER OF SECTION 5 BEING MARKED BY A 5/8 INCH REBAR WITH A 2 INCH ALUMINUM CAP, SEE CORNER PERPETUATION INST. NO. 22126715; THENCE NORTH 89"29'28" WEST, (BASIS OF BEARING PER CENTRAL MERIDIAN OF EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM), ALONG THE LATITUDINAL CENTER LINE OF SAID SECTION S, A DISTANCE OF 1318.32 FEETTO THE EAST 1/16 CORNER OF SECTION 5; THENCE SOUTH 00°33'34" EAST, ALONG THE EAST 1/16 LINE OF SECTION 5, ALSO ALONG THE EAST BOUNDARY LINES OF BROOKSTONE ESTATES DIVISION 8, RECORDED AS INST. NO. 22103486 AND BROOKSTONE ESTATES DIVISION 6, RECORDED AS INST. NO. 21510753, A DISTANCE OF 634.32 FEETTO A POINT ON THE NORTH BOUNDARY LINE OF ANNEXATION ORDINANCE 540, RECORDED AS INST. NO. 20713392; THENCE ALONG THE NORTH BOUNDARY LINE OF SAID ANNEXATION FOR THE NEXT EIGHT (8) COURSES: 1. NORTH 89°26'34° EAST A DISTANCE OF 592.29 FEET; 2. SOUTH 35008'24" EAST A DISTANCE OF 147.83 FEET; 3. SOUTH 29°15'55" EAST A DISTANCE OF 71.38 FEET; 4. NORTH 69"18'42" EAST A DISTANCE OF 181.66 FEET TO A POINT OF NON -TANGENCY OF A 233.00 FOOT RADIUS CURVE WHOSE CENTER BEARS SOUTH 69618'42" WEST; 5. FOLLOWING SAID CURVE IN A CLOCKWISE DIRECTION FOR AN ARC LENGTH OF 7.98 FEET, THROUGH A CENTRAL ANGLE OF 01°57'40", (THE CHORD OF SAID CURVE BEARS SOUTH 19042'28" EAST A DISTANCE OF 7.97 FEET) TO A POINT OF NON -TANGENCY; 6. NORTH 65°05'15" EAST A DISTANCE OF 131.58 FEET; 7. SOUTH 17"04'32" EAST A DISTANCE OF 95.97 FEET; 8. NORTH 89°43'52" EAST A DISTANCE OF 683.03 FEET TO A POINT ON THE EAST BOUNDARY LINE OF SECTION 5; THENCE NORTH l 0*16'08" WEST, ALONG THE EAST BOUNDARY LINE OF SECTION 5, A DISTANCE OF 781.27 FEET TO TI4P POINT OF BEGINNING. CONTAINING 22.67 ACRES MORE OR LESS ANNEXATION FOR O►7Y OF CHUDB C LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP SOUTH, RANGE 34 EAST, B.M,, BANNOCK COUNTY, IDAHO SKEET INFORMATION DRAFTER M. BAKED DRAWING IC,O.C. ANNEX MIGNEJM. BAILER FILEPATH MAP -DWG --d LEGAL DESCRIPTION FOR: I LAND USE MAP ANNEXATION FIGURE NO, ANNEXATION FOR THE CITY OF F _ CHUBBUCK, IDAH DATE JUNE -2023 ------ - - - - -- ' ' Attachment 2 Exhibit 1: Application N 89029'28" W 1318.32' FAST 1/4 CORNER pFSECTIgN 5, 4 FOUND 2 INCH ALUMINUM CAP STAMPED PLS 18971, SEE CORNER LINE TABLE PERPETUATION INET. NO, 27126715 ----� M � S"? a Il,i c� d � NUMBER DIRECTION DISTANCE L1 5 35°08'24" E 147.83' L2 5 29°16'55" E 71..38' L3 N 69"18'42" E 181.66' L4 N 55°[}515" E 131.5$' L5 517"04'32" E 98.97' f - N 0o ra NUIVlBER C3RAP1°!1G SCALE -ani n 100 znn (IN FEET) 13023 1. inch = 200 feetilb PELTA ANGLE ARC LENGTH TANGENT —RADIUS CHORD DIRECTION CHORD LENGTH C1 th 7,95' 3.99' CURVE TABLE 519°42'28" E 7,97' dcc z N 89026'34" 192.29' E C1 CL N 89043'62" E 683.03' w ry 00 a NUIVlBER C3RAP1°!1G SCALE -ani n 100 znn (IN FEET) 13023 1. inch = 200 feetilb PELTA ANGLE ARC LENGTH TANGENT —RADIUS CHORD DIRECTION CHORD LENGTH C1 01°57'44" 7,95' 3.99' 233,00' 519°42'28" E 7,97' l� � ANNEXaTiaN FOR MY OF CHUB13UCK LOCATED IN THE SOUTHEAST 1/4 OF SI:CTICON 5, TOWNSHIP SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO SHEET INFORMATION {GRAFTER M. BAKER DRAWING eueK, IPALIkO.ZZ) C.O.C. ANNEX DESIGNER M. BAKER f:ILEPATH MAP.fOWG SOUTHEAST CORNER OF SECTION 5, FOUND BRASS CAP IN VAULT, SEE CORNER PERPETUATION INSi: NO. z ui W co ANGELA ST. I 221151751 51114 MAP ANNEXATION ANNEkATiC}N FI FIGURE THE CITY 0 cHuB NfJJSi1MXT' [ANI] SUR1/EY!!1f© - -- LEGAL DISPLAY FOR: � � LAND USE Attachment 2 Initial Zone Designation EXHIBIT 2A: ZONING AND LAND USE CURRENT ZONING MAP AND PROPOSED DESIGNATION �& - Titd! Property -q ?N-31 Af Nk • w . Y+ 7 ^! t n7lil St 991 41 An 40 Aji%-r. xv MA MEMNON fa Chubbuck Zoning Districts Agriculture (A) Single Family Residential (R-1) . Limited Residential (R-2) Limited Residential - P (R -2P) i Dense Residential (R-4) Limited Commercial (C-1) ■ General Commercial (C-2) ■ Industrial (1) . Planned Unit Development (PUD) ■ Creative Community ■ Creative Community -Northside Crossing (CC -NC) ■ Creative Community -Harvest Springs (CC -HS) County ■ Highway Cooridor (HC) ■ Village (V) Attachment 2 EXHIBIT 2B: 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 Chubbuck City Code Title 18, Land Use 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 COMMENT Bannock County Planning & Development Pocatello Regional Transit Fort Hall Irrigation Proj./Bureau of Indian Affairs Pocatello/Chubbuck School District 25: Idaho Fish and Game Pocatello- Chubb uck Auditorium District: North Bannock Fire District Portneuf District Library Pocatello Regional Airport. Southeastern Idaho Public Health: COMMENT Asa courtesy, notices were also sent to Bannock County Assessor, Idaho Power, and Intermountain Gas. 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 staff 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 land use district/zoning designation are presented to the LUDC for recommendation before going to the City Council CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Attachment 2 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 pian la�les-15, 22a""Ou. euA 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 n -'t - w r_..... I� Lte,.ClI]C i�C]1LLCll Lldl C — Commercial C-1 - Limited Commercial C-2 - General Commercial E - Employment C-2 - General Commercial I - Industrial MU — Mixed Use R-1, R-2, R-3, R-4, C-1 COMMENT The proposal for R-2 zoning is in compliance with the plan. GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The area is within the Urban Service Boundary but not the City limits. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The area is served by existing water, sewer, and irrigation facilities. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The proposal is for R-2 zoning, which supports both the MU and MDR designations on the future land use map of the Comprehensive Plan. OBJECTIVE 4.5.2 Encourage a mix of compatible uses in new neighborhoods and in redevelopment areas COMMENT The intended uses, a park and fire station, are compatible with the surrounding area. 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 3b. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us EXHIBIT 3A: COMPREHENSIVE PLAN FUTURE LAND USE MAP ------- - - - - -- Attachment 2 Initial Zone Designation wr ------- Attachment 2 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 proposed annexation is within the USB. 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 Most of the parcel is intended to be developed as a park. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT Utilities are available at the site. /944c_\ CHUBBUCK 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us City Limits and USB Within City Limits City Boundary { Urban Service Area Attachment 2 Initial Zone Designation EXHIBIT 3C: COMPREHENSIVE PLAN URBAN SERVICES BOUNDARY Mw Subject'" - Property p Y Angela St Al .:-- 23 low Nor 'Aff's sk!"Ilk"051M �j w I, _ ri .,.. r 1.7 R#+s 1 (RI.R �� • `7 L'X Angela St�� 'N x or r. ..stJ,ry ` A O If O m City Limits and USB Within City Limits City Boundary { Urban Service Area Attachment 2 Initial Zone Designation EXHIBIT 3C: COMPREHENSIVE PLAN URBAN SERVICES BOUNDARY Mw Subject'" - Property p Y Angela St Al .:-- 23 low Nor 'Aff's sk!"Ilk"051M �j w I, _ ri y 1.7 R#+s 1 (RI.R �� • `7 L'X Angela St�� 'N -: 46'l or r. 0 Chubbuck Rd Attachment 2 Don Matson From: Myron or Cheree W <walzmyro@hotmail.com> Sent: Sunday, July 30, 2023 2:06 PM To: Don Matson Subject: Zoning of Land Near Philbin Road and Angela Street Sir, Please accept this as our protest to rezoning this land to R-2. Exhibit 4: Comment When we purchased our house on Cassie Drive, our realtor said that the field on the northwest corner of Philbin Road and Angela Street is Chubbuck City property and that the city was going to build a park there. We would much rather see a park there than duplexes or other multi -family dwellings. Duplexes most often are rental properties, as I have experienced by living/renting in such neighborhoods. Rental properties usually drive real estate values of nearby single family homes down. Rental properties can also tend to bring in a certain element of crime to the neighborhood. Single family homes would be welcome if that area must be turned into a housing development. Please do not zone this area R-2. If necessary, please zone it for single family homes. Thank you, Myron Walz walzmvro@hotmail.com Sent from Mail for Windows CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. lao"�t\ CHUBBUCK 1 0 A H 0 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: August 9, 2023 RE: An application for annexation of approximately 22.67 acres of land into the City of Chubbuck, located at the northwest corner of Philbin Rd and Angela St. At the meeting, the Council will consider whether the proposal satisfies the approval criteria in municipal code section 18.28.060.G. (Action Item) SUMMARY DESCRIPTION. An application for annexation of approximately 22.67 acres of land into the City of Chubbuck, located at the northwest corner of Philbin Rd and Angela St. The property is owned by the city and is undeveloped. Until recently the property was cultivated farmland, currently neighbors and others use the site for casual recreation. The planned uses are a park and fire station, which will benefit the neighborhood and community. 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 and within the Urban Service Boundary. Utilities are available: city water, sewer, and pressurized irrigation are available in the northwest corner of the property at the terminus of Petersburg Dr, all three utilities also run the length of Angela St (ranging from 100 to 400 feet south of the property). The Land Use and Development Commission has recommended a zoning district for the subject property (approval of the zoning district is addressed in a separate memo). FACTS BACKGROUND: This parcel and an adjacent lot were purchased several years ago for development as a city park and a fire station, with a combined area of over 31 acres. The other parcel, along the north side of Angela St and south of this parcel, was annexed in 2007. A city -owned secondary pressurized irrigation pump station is located on the northwest corner of the property. Surrounding parcels are built with suburban (single-family) and rural (large lot) residential development. 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: Devin Hillam Community Services Director City of Chubbuck 290 E Linden Ave Chubbuck, ID 83202 OWNER: City of Chubbuck 290 E Linden Ave Chubbuck, ID 83202 LOCATION: The site is at the northwest corner of Philbin Rd and Angela St. The site includes Bannock County parcel number R3853006504. REFERENCE MAP: SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Residential Suburban PROJECT SIZE: ±22.67 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: IRRIGATION FACILITIES: City pump station CHUBBUCK1 0 T! h I? RECENT TRAFFIC COUNTS ON PHILBIN RD: South of Siphon — 2020, 2,518/day North of Chubbuck — 2021, 3,445/day South of Chubbuck — 2021, 6,896/day RECENT TRAFFIC COUNTS ON CHUBBUCK RD: West of Philbin — 2021, 3,053/day East of Philbin — 2022, 6,665/day 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us SURROUNDING LAND USES AND ZONING NORTH: Rural residential — large lots; Bannock County Residential Suburban zone EAST: Rural residential — large lots; Bannock County Agricultural zone SOUTH: Single family residential; zone Single -Family Residential (R-1) WEST: Single family residential; Limited Residential P zone (R -2P) SERVICES: ACCESS STREET: Philbin Rd, Angela St, and Petersburg Dr. EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, water mains present in Petersburg Dr and Angela St. SEWAGE DISPOSAL: City of Chubbuck, sewer mains present in Petersburg Dr and Angela St. PRESSURIZED IRRIGATION: City pump on property, irrigation lines in Angela St. 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. 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: A541_0_t_\_ CHUBBUCK 1 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 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, The proposal will annex all portions of Philbin Rd within its boundary. A541_0_t_\_ CHUBBUCK 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us C. The annexation meets the requirements for its Annexation Classification under Idaho Code. The area proposed for annexation falls under Category A; the landowner (the City) has consented to annexation. d. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criteria include: 1 Revenue generated by property taxes will exceed long-term costs associated with maintenance and provision of services and facilities. N/A — The property is owned by the City. 2 The advantages both to the City and to the area outweigh the disadvantages. A park and fire station are the planned future uses of the property. Both will be beneficial to the community. 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. N/A 5 Annexation is equitable and fair to existing residents; and N/A 6 Annexation would address a public health concern. A park and fire station are the planned future uses of the property. Both will be beneficial the community's health and safety. e. The land can be served currently, or within a reasonable time, by essential urban services. City water, sewer, and pressurized irrigation are available in the northwest corner of the property and all three utilities run the length of Angela St. 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. 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 parcel is owned by the City and improvements such as a park and fire station are best to be located inside the City limits. 1940�t_\_ CHUBBUCK 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us ATTACHMENTS A. Findings of Fact and Conclusions of Law B. Application for Annexation C. Comprehensive Plan Future Land Use Map D. Comprehensive Plan Goals, Objectives, and Policies Relevant to the Proposal E. Comprehensive Plan Urban Service Boundary Map Additional materials on file with staff, available upon request: • Warranty Deed 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 (208) 239-3252 of the report. Additional information may be DATE: August 9, 2023 brought to light at or before the meeting. CHUBBUCK 1 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 THE ANNEXATION OF APPROXIMATELY 22.67 ACRES OF LAND INTO THE CITY AT THE NORTHWEST CORNER OF PHILBIN ROAD AND ANGELA STREET FACTS REQUEST: Request is for a Category A Annexation for land into the City of Chubbuck. TYPE OF APPLICATION: Legislative (Subject to request for reconsideration; decision should be based on the standards for approval). APPLICANT: Devin Hillam Community Services Director City of Chubbuck 290 E Linden Ave Chubbuck, ID 83202 OWNER: City of Chubbuck 290 E Linden Ave Chubbuck, ID 83202 LOCATION: The site is at the northwest corner of Philbin Rd and Angela St. The site includes Bannock County parcel number R3853006504. SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Residential Suburban PROJECT SIZE: ±22.67 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat EXISTING STRUCTURES: IRRIGATION FACILITIES: City pump station SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS ON PHILBIN RD: South of Siphon — 2020, 2,518/day North of Chubbuck— 2021, 3,445/day South of Chubbuck— 2021, 6,896/day RECENT TRAFFIC COUNTS ON CHUBBUCK RD: West of Philbin — 2021, 3,053/day East of Philbin — 2022, 6,665/day NORTH: Rural residential — large lots; Bannock County Residential Suburban zone EAST: Rural residential — large lots; Bannock County Agricultural zone SOUTH: Single family residential; zone Single -Family Residential (R-1) WEST: Single family residential; Limited Residential P zone (R -2P) SERVICES: ACCESS STREET: Philbin Rd, Angela St, and Petersburg Dr. EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck, water mains present in Petersburg Dr and Angela St. SEWAGE DISPOSAL: City of Chubbuck, sewer mains present in Petersburg Dr and Angela St. PRESSURIZED IRRIGATION: City pump on property, irrigation lines in Angela St. Annexation Approval Form- FFCL 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. 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 290 E Linden Avenue laale—\ Chubbuck, ID 83202 C HUBBUC 208.237.2430 ww it ofChubbu k.us 409 1 0 1 H o 11L� 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. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —APPLICANT INFORMATION Al. Name Devin Hillam, Community Services Director, City of Chubbuck A2. Mailing Address 290 E Linden Ave city Chubbuck State ID Zip Code 83202 A3. Phone Number (including area code) A4. Email Address 208-237-2400 dhillam@cityofchubbuck.us A5. Is Applicant the Owner of Record? IN Yes ❑ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B—OWNER INFORMATION (IF DIFFERENT THAN PART A) B1. Name City of Chubbuck B2, Mailing Address 290 E Linden Ave City State Zip Code Chubbuck ID 83202 B3. Phone Number (including area code) B4. Email Address 208-237-2400 dhillam@cityofchubbuck.us SECTION C - SITE INFORMATION Cl. Site Address / Location City Zip C2. Tax Parcel #(s) NW corner of Philbin & Angela Chubbuck 83202 R3853006504 SECTION D - PLANNING INFORMATION D1. Gross Area D2. Comprehensive Plan Future Land Use Designation(s) 22.67 acres MDR D3. Current/Existing Land Use(s) and Structure(s) D4. Proposed Land Use(s), if known: Vacant field; includes city -owned secondary City Park and Future Fire Station. Date of pressurized irrigation system pump station park and station improvements are unknown. 290 E Linden Avenue Chubbuck,ID 83202 C HUBBUC 208.237.24C30 ofChubbuck.us 409 1 o 1 H o 11L� 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. E5. 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. This land is owned by the City and is anticipated to be developed into a city park and fire station at some point in the future. This need will serve the adjacent neighbors and the broader community. 290 E Linden Ave. Chubbuck, ID 83202 C HUBBUC 208.W37/v2 Cit ofChubbu k.us 409 1 0 1 H o 11L� 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. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 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 ::V�` Devin Hillam 6.13.23 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 FINo Comments: G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: Applicant Contacted? ❑ Yes ❑ No ANNEXATION BOUNDARY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 1/4 CORNER OF SECTION 5 BEING MARKED BY A 5/8 INCH REBAR WITH A 2 INCH ALUMINUM CAP, SEE CORNER PERPETUATION INST. NO. 22126715; THENCE NORTH 89°29'28" WEST, (BASIS OF BEARING PER CENTRAL MERIDIAN OF EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM), ALONG THE LATITUDINAL CENTER LINE OF SAID SECTION 5, A DISTANCE OF 1318.32 FEET TO THE EAST 1/16 CORNER OF SECTION 5; THENCE SOUTH 00°33'34" EAST, ALONG THE EAST 1/16 LINE OF SECTION 5, ALSO ALONG THE EAST BOUNDARY LINES OF BROOKSTONE ESTATES DIVISION 8, RECORDED AS INST. NO. 22103486 AND BROOKSTONE ESTATES DIVISION 6, RECORDED AS INST. NO. 21510753, A DISTANCE OF 634.32 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF ANNEXATION ORDINANCE 540, RECORDED AS INST. NO. 20713392; THENCE ALONG THE NORTH BOUNDARY LINE OF SAID ANNEXATION FOR THE NEXT EIGHT (8) COURSES: 1. NORTH 89°26'34" EAST A DISTANCE OF 192.29 FEET; 2. SOUTH 35°08'24" EAST A DISTANCE OF 147.83 FEET; 3. SOUTH 29"16'55" EAST A DISTANCE OF 71.38 FEET; 4. NORTH 69'18'42" EAST A DISTANCE OF 181.66 FEET TO A POINT OF NON -TANGENCY OF A 233.00 FOOT RADIUS CURVE WHOSE CENTER BEARS SOUTH 69°18'42" WEST; 5. FOLLOWING SAID CURVE IN A CLOCKWISE DIRECTION FOR AN ARC LENGTH OF 7.98 FEET, THROUGH A CENTRAL ANGLE OF 01057'40", (THE CHORD OF SAID CURVE BEARS SOUTH 19042'28" EAST A DISTANCE OF 7.97 FEET) TO A POINT OF NON -TANGENCY; 6. NORTH 65'05'15" EAST A DISTANCE OF 131.58 FEET; 7. SOUTH 17.04'32" EAST A DISTANCE OF 96.97 FEET; 8. NORTH 89°43'52" EAST A DISTANCE OF 683.03 FEET TO A POINT ON THE EAST BOUNDARY LINE OF SECTION 5; THENCE NORTH 00°16'08" WEST, ALONG THE EAST BOUNDARY LINE OF SECTION 5, A DISTANCE OF 781.27 FEET TO THE POINT OF BEGINNING. CONTAINING 22.67 ACRES MORE OR LESS ANNEXATION FOR CITY OF CHUBBUCK LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO TER 9 1303 732 >a F OF LEGAL DESCRIPTION FOR: I LAND USE MAP ANNEXATION FIGURE N0. ANNEXATION FOR SHEET INFORMATION CHinUBt BUCw K, IDAH i T Du r — DRAFTER M. BAKER DRAWING C.O.C. ANNEX DATE DESIGNER M BAKER FILEPATH MAP DWG JUNE -2023 N89-2 W 131$.32' EAST 1/4 CORNER OF SECTION 5, 4 FOUND 2 INCH ALUMINUM CAP + STAMPED PLS 18971, SEE CORNER LINE TABLE PERPETUATION INST. NO.22126715 ----f M f of Co Co a W d' M cq a r7 0 NUMBER DIRECTION DISTANCE Ll S 35'08'24" E 147.83' L2 5 29°16'55" E 71.38' L3 N 69°18'42"E 181.66' L4 N 65°05'15"E 131.58' L5 S 17'04'32" E 96.97' N r Go ti Co �f N CURVE TABLE 91 4 f NUMBER I DELTA ANGLE ARC LENGTH TANGENT I RADIUS CHORD DIRECTION CHORD LENGTH Q 0 e Cl 01°57'40" 7.98' 3.99' 233.00' 519°42'28" E 7.97' cc z z s N 89°26'34" E mca 4 4 192.29' �Cll j N 89043'52" E 683.03` v Kr to N 00 O I I � Z .—I tri to 00 ANGELA ST. - GRAPHIC SCALE ~ -200 0 100 200 �� s (IN FEET) 13023 1 inch = 200 feet A/Z r Of ANNEXATION FOR CITY OF CHUBBUCK LOCATED IN THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO SHEET INFORMATION DRAFTER M. BAKER TDIRAWNG C.O C. ANNEX DESIGNER M- BAKER LEPATH I MAP. DWG SOUTHEAST CORNER OF SECTION 5, FOUND BRASS CAP IN VAULT, SEE CORNER PERPETUATION INST. NO. 22213751 �Y +54 LEGAL DISPLAY FOR:LAND USE MAP ANNEXATION FIGURE NO. ANNEXATION FOR inr. w i i ur CHUBBUCK, IDA I- —L DATE JUNE -2023 EXHIBIT C: COMPREHENSIVE PLAN FUTURE LAND USE MAP Annexation 11' wr ATTACHMENT D: COMPREHENSIVE PLAN GOALS, OBJECTIVES, AND 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. 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 a. Coordinate with Bannock County to strongly protect prime agricultural lands COMMENT The site does consume farmland,• it is adjacent to the City boundary and services are available. POLICY b. Make careful assessment of the costs and benefits of annexation COMMENT It is anticipated the future uses of the property will be a park and fire station. Both of these bring costs to the City, but also benefits to residents and the city as a whole. POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The site is within the Urban Service Boundary. 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 Utilities are already available at the site and it is within the USB. GOAL 4.2 IMPROVE RESIDENTIAL NEIGHBORHOODS AND ENSURE THE ORDERLY AND FINANCIALLY SOUND DEVELOPMENT OBJECTIVE 4.2.1 Improve the appearance of residential areas OBJECTIVE 4.2.3 Raise pride trough provision of amenities POLICY a. Develop a meaningful park and trail system plan. COMMENT A park and fire station, once developed, will fulfill these objectives and policy by providing amenities that enhance the area and provide a park and trails. CHAPTER 6: COMMUNITY DESIGN GOAL 6.1 INVEST IN THE IMPROVED APPEARANCE OF OUR CITY AND STIMULATE IMPROVEMENTS BY THE PRIVATE SECTOR OBJECTIVE 6.1.2 Contribute to the appearance of neighborhoods and communities through placement and design of public parks POLICY a. Establish park design standards and guidelines to enable the development of attractive, functional, low maintenance parks that generally serve as t he focal points for neighborhoods and communities COMMENT The future park will provide an amenity and an enhanced appearance to the residential area. /944c-\ CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.1 Provide constant and effective emergency medical service, and fire and police protection COMMENT A fire station at the site will help provide constant and effective emergency medical and fire 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 I The site lies within the USB. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT Water/sewer mains are already in place for connections to serve the site. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT This is addressed by this 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. This is addressed by this annexation application. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY a. Within the USB, annexation shall be required before new development is permitted COMMENT The site is within the USB and is proposed to be annexed. POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT Water/sewer mains are already in place for connections to serve the site. /944c-\ CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us EXHIBIT E: COMPREHENSIVE PLAN URBAN SERVICES BOUNDARY 211 AT11 41. s X11 4 f AJA Annexation