The URL can be used to link to this page

Home My WebLink AboutPH #1 14330 W. Chubbuck Rd.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 GENERAL RESIDENTIAL (R-3) ON 2.16 ACRES AND DENSE RESIDENTIAL (R-4) ON 2.94 ACRES CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON JANUARY 9, 2024 SUMMARY DESCRIPTION: An application for initial designation of property into Land Use Districts (zones) that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 5.10 acres is located at 14330 W Chubbuck Rd in Chubbuck, Idaho. It is proposed to place approximately 2.16 acres into the General Residential (R-3) zone and approximately 2.94 acres into the Dense Residential (R-4) zone. STAFF FINDINGS: After reviewing the application, Staff finds that it meets the requirements for the Change in Land Use District. • It complies with the Comprehensive Plan and is not deemed spot zoning. The Future Land Use map designates the northern part of the parcel for Medium Density which is supported by the R-2 and R-3 zoning districts, and the southern part for Mixed Use development, which is supported by the R-1, R-2, R-3, R-4 and C-1 zoning districts. • The applicant has met City Code requirements to be heard for a change in land use district. • The Commission and Council have the ability to constrain a zone through a Zoning Development Agreement (ZDA), which may limit the height of buildings, increase setbacks, etc. o A ZDA is a discretionary tool available to the Commission and Council per Idaho Code §67-6511A. Unlike other zone changes, it allows conditions to be placed on the zone for a specific project. A normal zone change does not place limits beyond what is in city code for that entire district. o Staff recommends the Commission consider a ZDA for the project to minimize impacts to neighboring properties via height or setback standards or landscaping enhancements. • All types of housing are needed throughout the city. o The R-3 zone allows all types of housing, except apartments, and requires that at least 75% of all structures are single family homes. For example, for each townhouse building in a development there must also be at least 3 single family homes. o R-4 was established to provide dense residential districts. All housing types are allowed in the zone, although single family homes are conditionally permitted. • It is not deemed spot zoning. • The intended uses and zones are appropriate along an arterial road and water and sewer mains are in place. • Traffic from the development will not have direct access to or impact on streets in the neighboring Brookstone subdivision. • Staff recommends approval. Commission may consider approval via a ZDA. In either case, the applicant must also comply with conditions of the future plat and future Design Review on technical issues. See additional information below and in the attached exhibits. FACTS BACKGROUND: The subject property is a remnant of a larger parcel owned by the Armstrong family along Chubbuck Rd with a panhandle connecting the street to the rear of the parcel. As parcels were sold facing the street Chubbuck Rd itself was not divided from them — the strip is also part of the parcel. 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: Martin L. Armstrong or Ricky D. Armstrong, Co -Trustees Richard Lamar Armstrong Lamar Armstrong Revocable Trust 617 Poole Ave 8988 Chelan Ave Pocatello, ID 83201 Boise, ID 83714 LOCATION: The site is at 14330 W Chubbuck Road, parcel number R3853006312. REFERENCE MAP: 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1AAAA SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Residential Suburban PROJECT SIZE: ±1.67 acres VIEWS: Generally visible from all directions TOPOGRAPHY: Generally flat, no concerns EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS ON CHUBBUCK RD: W of Nada Ln — 2021, 2606/day; 2018, 1,611/day W of Philbin Rd — 2021, 3,056/day; 2018, 3,076/day E of Philbin Rd — 2022, 6,665/day; 2021, 6,981/day RECENT TRAFFIC COUNTS ON PHILBIN RD: N of Chubbuck Rd — 2021, 3,445/day; 2018, 3,598/day S of Chubbuck Rd — 2021, 6,896/day; 2018, 5,005/day NORTH: Single family homes; Single Family Residential (R-1) EAST: Single family homes; Single Family Residential (R-1) SOUTH: Single family homes; Bannock County Residential Suburban WEST: Single family homes; Single Family Residential (R-1), and Bannock County Residential Suburban SERVICES: ACCESS STREET: Chubbuck Rd EMERGENCY SERVICES: City of Chubbuck (upon annexation) CULINARY WATER SERVICE: A City water main is at the front of the property in Chubbuck Rd SEWAGE DISPOSAL: A City sewer main is at the front of the property in Chubbuck Rd PRESSURIZED IRRIGATION: The property has surface water rights.t 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; 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 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 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 PUBLIC COMMENTS RECEIVED: Comments from the general public are in Exhibit 5. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. 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 R-3 and R-4 zones comply with the Mixed Use designation 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-3 zone is "to provide for diversity in the arrangement and density of residential uses," and R-4 is "to provide for the development of dense residential districts" (Title 18.08.10.E and 18.08.010.F.). The proposed zones, and proposed uses 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. .A•. .• :A POLICY 1 The proposed map amendment would be in the community's best interest. RESPONSE Community members need more housing opportunities. The neighborhood will be less affected by traffic from the development because it will only have access only to Chubbuck Rd. 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 The residential zones in the City have very similar lists of permitted land uses, except for residential. The boundary of the R-3 zone proposal will border 11 single-family R-1 lots, but will also be at least 75% single family homes. Although the proposed R-4 zoning covers 2.94 acres, the buildable area will border only 4 single-family R-1 lots. 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 a higher density than the surrounding neighborhood; it has access only to Chubbuck Rd and not through the neighborhood streets, utilities are already available in Chubbuck Rd. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 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 Providers already serve the neighboring City subdivisions and water and sewer mains are in Chubbuck Rd, adjacent to the property. 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 Future Land Use map designates the northern part of the parcel for Medium Density which is supported by the R-2 and R-3 zoning districts, and the southern part for Mixed Use development, which is supported by the R-1, R-2, R-3, R-4 and C-1 zoning districts. • The applicant has met City Code requirements to be heard for a change in land use district. • The Commission and Council have the ability to constrain a zone through a Zoning Development Agreement (ZDA), which may limit the height of buildings, increase setbacks, etc. o A ZDA is a discretionary tool available to the Commission and Council per Idaho Code §67-6511A. Unlike other zone changes, it allows conditions to be placed on the zone for a specific project. A normal zone change does not place limits beyond what is in city code for that entire district. o Staff recommends the Commission consider a ZDA for the project to minimize impacts to neighboring properties via height or setback standards or landscaping enhancements. • All types of housing are needed throughout the city. o The R-3 zone allows all types of housing, except apartments, and requires that at least 75% of all structures are single family homes. For example, for each townhouse building in a development there must also be at least 3 single family homes. o R-4 was established to provide dense residential districts. All housing types are allowed in the zone, although single family homes are conditionally permitted. • The intended uses and zones are appropriate along an arterial road and water and sewer mains are in place. • Traffic from the development will not have direct access to or impact on streets in the neighboring Brookstone subdivision. • Staff recommends approval. Commission may consider approval via a ZDA. In either case, the applicant must also comply with conditions of the future plat and future Design Review on technical issues. See additional information in the attached exhibits. Aii��Ot\ CHUBBUCK 1 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 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. Additional Materials 5. Comments Received 6. Chubbuck Municipal Code Title 18.28.050.F. Zoning Development Agreements (ZDA) 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: January 3, 2023 brought to light at or before the hearing. CHUBBUCK 1 0 R H 0 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us PO Box 5604-290 E. Linden Chubbuck,ID 83202 CHUBBUCK 208.w3ww C30 ofChubbuck.us 409 I M I N 0 INITIAL ZONING APPLICATION June 2021 Form PAGE t 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 211d 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 Martin L. Armstrong or Ricky D Armstrong, Co -Trustees, LaMar Armstrong Revocable Trust dtd 12/15/2021 A2. Mailing Address 8988 CHELAN AVENUE city BOISE state ID Zip Code 83714 A3. Phone Number (including area code) A4. EmaiI Address 208-631-6346 Linda.K.Armstrong@we]Isfargo.com A5. Is Applicant the owner of Record? ❑ Yes M No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B - OWNER INFORMATION (IF DIFFERENT THAN PART A) 131. Name Richard LaMar Armstrong g2. Mailing Address 817 Poole Avenue city Pocatello State Idaho Zip Code 83201 B3. Phone Number (including area code) 134. Email Address 208-251-1221 SECTION C - SITE INFORMATION C1, Site Address (or location if no address) City Zip C2. Tax Parcel #(s) 14330 CHUBBUCK ROAD CHUBBUCK 83202 RP 83853006312 SECTION D - PLANNING INFORMATION Dl. Gross Area D2. Comprehensive Plan Future Land Use Designation(s) MEDIUM DENSITY AND MIXED USE D3, Current/Existing Land Use(s) & Structures D4, Current Zone{s) MISCELLANEOUS LIVESTOCK NOT CURRENTLY ANNEXED. FUTURE BUILDINGSIENCLOSURES DESIGNATIONS: MEDIUM DENSITY AND MIXED USE 05. Proposed Zone(s) D6. Acreage for Each Proposed Zone: R-3 D7. Proposed Land Use(s), if known: SECTION E —SUBMITTAL REQUIREMENTS & DOCUMENTS /641-c-e \ CHUBBUCK IEFHD PO Box 5604 — 290 E. Linden Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us INITIAL ZONING APPLICATION June 2021 Form PAGE 2 OF 4 E1. Application Fees: $535 + $1.50/mailing ( # of mailings) = $ 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? SEE NARRATIVE 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? SEE NARRATIVE zgg�L CHUBBUCK PO Box 5604-290 E. Linden Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www. CityofCh u b buck. us INITIAL ZONING APPLICATION .June 2021 Form PAGE 3 OF 4 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? SEE NARRATIVE 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? SEE NARRATIVE 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. SEE NARRATIVE PO Box 5604-290 E. Linden INITIAL ZONING Chubbuck,ID 83202 HUBBUCK 208.237.2430 — Fax 208.237.2409 APPLICATION www.CityofChubbuck.us June 2021 Form I n r e o PAGE 4 OF 4 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 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. • 1 certify that I am authorized to file this application. • Priorto 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 o�igirra clition until removed by city staff and that failure to do so may result in a delay in _proce %hearing apN may result in additional fees for rescheduled public hearings. Signatur4 4F2. Printed Name F3. Data Martin L. Armstrong, Co -Trustee November 25, 2023 I STOP: SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? Yes No 1f no, fist concern(s): Applicant Notified? F Yes No Comments: G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: Applicant contacted? Yes No PO Box 5504-290 E. Linden INITIAL ZONING Ghubbuck, ID 83202 CHUBBUCK208.237.2430 — Fax 208.237.2409 APPLICATION www.CityofChubbuck.us June 2021 Form IEIRI PAGE 4OF4 SECTION F -CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used forthe 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. • 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. �fnature F2. Printed Mame F3. Date l" r Ricky D Armstrong, Co -Trustee November 25, 2023 STOP: SECTION G -FOR STAFF USE ONLY GS. COMPLE7ENE55 REVIEW- Reviewed by: L',r 0 .ctmed compieie7 yep, No If no, list concern(s); Noplicant Notified? YL., No Comments. 52. KHEDULED FON LUDO: SCnedulea Nleetin; Dat?: ` Aoplic3nr Can28Cl7r(V ves IN (r, KNUDSEN December 6, 2023 City of Chubbuck — Development Services Division 290 East Linden Avenue Chubbuck, Idaho 83202 SUBJECT: Armstrong Property — Initial Zoning Narrative 609 West Maple Street Pocatello, Idaho 83201 knudsen-eng.com PURPOSE The intent of this narrative is to provide answers to the initial zoning application for the Armstrong property. INITIAL ZONING NARRATIVE The proposed zoning is in the community's best interest because it aligns with the city's comprehensive plan and goal of providing more affordable housing options by utilizing an empty infill property to create new residential units in an area already surrounded by development, thus minimizing the need for new infrastructure. This zoning of the property would help to provide the community with more housing opportunities as well as generate additional tax revenue for the City to invest in essential services such as schools, roads, and parks which would ultimately benefit the community in multiple ways. 2. The proposed R-3 and R-4 zoning for the northern portion and the southern portion of the property, respectively, would seamlessly integrate with the surrounding R-1 residential areas by permitting the construction of residential buildings that fill the existing gaps between existing neighborhoods. The R-3 zoning could provide the possibility of combining single family housing and multi family housing in the same property. This harmonious blend of residential uses would maintain the consistent character of the area while providing a higher concentration of dwelling units via a transition from R-3 to R-4. Additionally, the proximity to Chubbuck Road would offer residents convenient access to a major thoroughfare, enhancing the overall livability and connectivity of the community. The proposed R-3 and R-4 zoning would strike a harmonious balance with the adjacent R-1 residential areas by adhering to similar parameters in terms of scale, mass, coverage, density, and intensity. While the R-3 and R-4 zonings permit a higher density than the surrounding R-1 zoning, the relatively modest scale of the project ensures that it would not overwhelm the existing infrastructure or character of the neighborhood. This careful consideration of scale and density ensures that the proposed development would seamlessly integrate with the surrounding area, minimizing any potential negative impacts. 4. The site's convenient location adjacent to Chubbuck Road ensures that it would have adequate transportation capacity to support the proposed R-3 and R-4 zonings. Additionally, the existing infrastructure along Chubbuck Road would facilitate the extension of utilities to the property, City of Chubbuck — Development Services Division Pauline Flats - Preliminary Plat Narrative September 18, 2023 Page 2 ensuring that it would have access to essential services such as water, sewer, electricity, and natural gas. Furthermore, the proximity to existing police, fire, EMS stations, and schools guarantees that residents would have prompt access to these critical services. Overall, the site's characteristics and location make it well-suited for the proposed R-3 and R-4 zonings, and there are no foreseeable obstacles that would prevent the development from receiving the necessary public services and infrastructure. The proposed R-3 and R-4 zonings align with the Chubbuck Comprehensive Plan in several key aspects. Firstly, it is consistent with the designated land use for the area, which is medium density and mixed use. This aligns with the comprehensive plan's goal of promoting a mix of housing options and fostering a vibrant and diverse community. Secondly, the proposed R-3 and R-4 zonings directly contribute to the achievement of the comprehensive plan's objective of providing more affordable housing options. The higher density permitted under R-3 and R-4 zonings allows for the creation of a wider range of housing choices, including smaller, more affordable single family dwelling units as well as multi family units. The alignment of these two zonings with the comprehensive plan's long-term vision further underscores the suitability of the proposed R-3 and R-4 zonings. Sincerely, KNUDSEN ENGINEERING, LLC Tyson Lee Knudsen, PE Principal Engineer PH No: 208-417-0522 PN: 2021020 Doc: LA -INITIAL ZONING NARRATIVE.docx 8 5S 59°10'54" E 455.43'CURRENT CITY OFCHUBBUCK LIMITSN 00°42'56" W 564.59'EXISTING CITY LIMITSEXISTING PARCEL LINESEXISTING SECTION LINESBOUNDARY OFPROPOSED R-3 ZONINGLEGENDR-4 ZONING AREA-2.94 AC.S 00°33'57" E 658.94'S 89°16'04" W 957.45'N 89°16'04" E 49.99'CURRENT CITY OFCHUBBUCK LIMITS0SCALE: 1" =100'200'100'F-2ARMSTRONG PROPERTYINITIAL ZONINGLINDA ARMSTRONGCHUBBUCK IDAHOINITIAL ZONING MAPFIGURENO.DESIGNERDRAFTERBRDBRDSHEET INFORMATIONENGINEERINGPROJECT NO.2023012DATEDECEMBER-2023REVIEWERTLKDRAWINGFILEPATHCOBBLESTONE AVENUELA-APPLICATIONMAP.DWGLAMAR STREET BROOKSTONE STREETCHUBBUCK ROADCURRENT CITY OFCHUBBUCK LIMITSS 44°30'39" E 6.29'WILTSHIRE STREETBOUNDARY OFPROPOSED R-4 ZONINGR-3 ZONING AREA-2.16 AC. PRELIMINARY LEGAL DESCRIPTION FOR R-3 ZONING: LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/1 6TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89°16'04" E 1327.64') THENCE N 89°16'04" E 49.99' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761; THENCE N 00°05'38" W 24.42' ALONG WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION 7 TO THE SOUTHWEST CORNER OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 89°14'51" E 876.86' ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00°45'14" W 312.26' ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89°14'01" W 170.10' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342 TO THE NORTHWEST CORNER OF THE SAID "LEA ARMSTONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89°23'56" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342 TO THE SOUTHEAST CORNER OF BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE N 00°42'56" W 202.80' ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761 TO THE POINT OF BEGINNING; THENCE N 00°42'56" W 361.79' ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761 TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION 1 FILED AS INSTRUMENT No. 20725965; THENCE ALONG THE WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965 FOR THE FOLLOWING THREE (3) COURSES: 1) S 44°30'39" E 6.29'; 2) S 59°10'54" E 455.43; 3) S 00°3357" E 118.94'; THENCE S 89°16'04" W 392.22' TO THE POINT OF BEGINNING ABOVE DESCRIPTION CONTAINS 2.16 ACRES MORE OR LESS. N13 p,L LANA S N SFS �•A 0 V 0 QTF OF BOON T. PP PRELIMINARY LEGAL DESCRIPTION FOR: ARMSTRONG INITIAL ZONING R-3 ARMSTRONG PROPERTY FIGURE INITIAL ZONING NO. LINDA ARMSTRONG CHIIRRI ICK_ IDAHO SHEET INFORMATION KNUDSEN r_' DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY '� DATE DESIGNER I BRD I PROJECT NO. 2023012 FILE PATH ZONING.DWG �� ENGINEERING DECEMBER -2023 PRELIMINARY LEGAL DESCRIPTION FOR R-4 ZONING: LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16 TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89°1604" E 1327.64') THENCE N 89°16'04" E 49.99' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761 POINT BEING THE POINT OF BEGINNING; THENCE N 00°05138" W 24.42' ALONG WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION 7 TO THE SOUTHWEST CORNER OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342,- THENCE 0700342; THENCE N 89°14151" E 876.86' ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342,- THENCE 0700342; THENCE N 00°45114" W 312.26ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89°14101" W 170.10' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342 TO THE NORTHWEST CORNER OF THE SAID "LEAARMSTONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89°23156" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342 TO THE SOUTHEAST CORNER OF BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE N 00°42156" W 202.80' ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE N 89°16104" E 392.22' TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965,- THENCE 0725965; THENCE S 00°33157" E 540.00' ALONG THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965 TO THE SOUTH BOUNDARY LINE OF SAID SECTION 51- THENCE ; THENCE S 89°16104" W 957.45ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.94 ACRES MORE OR LESS. X13 NL LANA S Q� EN SFO G.Q 0 �o SOON T. PP PRELIMINARY LEGAL DESCRIPTION FOR: ARMSTRONG INITIAL ZONING R-4 ARMSTRONG PROPERTY FIGURE INITIAL ZONING NO. LINDA ARMSTRONG CHIIRRIICK II)AHC SHEET INFORMATION KNUDSEN r-1 DRAFTER BRD I REVIEWER CTP I DRAWING LA - DESC & DISPLAY DATE DESIGNER I BIRD I PROJECT NO. 12023012 1 FILEPATH ZONING.DWG ENGINEERING DECEMBER -2023 5 L;3 S 44°30'39" E 6.29' S 89°23'56" W 140.18'—/ S 89°14'01" W 170.10' N 00°05'38" W 24.42' N 89°1604" E 49.99' N 0 200' 400' i SCALE: 1" = 200' N 89°14'51" E 876.86' S 89°16'04" W 957.45' No N N M v un 0 0 0 Z Ii N 89°1604" E 370.20' \�Np,L LANA S ENS 10 NSFS G,p 0 -z'o QTF OF N PRELIMINARY LEGAL DISPLAY FOR: ARMSTRONG INITIAL ZONING ARMSTRONG PROPERTYFIGURE INITIAL ZONING NO. LINDA ARMSTRONG CHIIRRIICK II)AHC SHEET INFORMATION KNUDSEN '-4 DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER I BIRD I PROJECT NO. 12023012 1 FILEPATH ZONING.DWG ENGINEERING DECEMBER -2023 sso./o, Fg ss 01 10 `o R-3 ZONING co `n 2.16 AC. N v N 89°16'04" E 392.22' 0 0 Z o 00 N R-4 ZONING O 2.94 AC. N S 89°23'56" W 140.18'—/ S 89°14'01" W 170.10' N 00°05'38" W 24.42' N 89°1604" E 49.99' N 0 200' 400' i SCALE: 1" = 200' N 89°14'51" E 876.86' S 89°16'04" W 957.45' No N N M v un 0 0 0 Z Ii N 89°1604" E 370.20' \�Np,L LANA S ENS 10 NSFS G,p 0 -z'o QTF OF N PRELIMINARY LEGAL DISPLAY FOR: ARMSTRONG INITIAL ZONING ARMSTRONG PROPERTYFIGURE INITIAL ZONING NO. LINDA ARMSTRONG CHIIRRIICK II)AHC SHEET INFORMATION KNUDSEN '-4 DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER I BIRD I PROJECT NO. 12023012 1 FILEPATH ZONING.DWG ENGINEERING DECEMBER -2023 EXHIBIT 2A: ZONING AND LAND USE CURRENT ZONING MAP AND PROPOSED DESIGNATION Chubbuck Zoning Districts �f 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) 1 Industrial (1) x ■ Planned Unit Development (PUD) ■ Creative Community Chubbuck Rd 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 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-Chubbuck Auditorium District: North Bannock Fire District Portneuf District Library Pocatello Regional Airport: Southeastern Idaho Public Health: COMMENT As a 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 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 MDR - Medium Density Residential R-2 - Limited Residential TABLE R-3 -General Residential MU — Mixed Use R-1, R-2, R-3, R-4, C-1 COMMENT The proposed zoning complies with the plan — the MDR area of the property is proposed R-3, and the MU area is proposed R-4. EXHIBIT 2B 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 adjacent to City limits and is within the Urban Service Boundary. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use POLICY c. Take advantage of the existing investment by encouraging infill and redevelopment projects COMMENT The project is surrounded by developed land is an infill parcel. Utilities are already in place to serve the property. OBJECTIVE 4.1.3 Make investment in infill and redevelopment more attractive than sprawl POLICY a. Permit increased residential densities in areas where infill and redevelopment are targeted COMMENT The project is surrounded by developed land is an infill parcel. Utilities are already in place to serve the property, the R-3 and R-4 zoning also create a denser residential area. GOAL 4.5 ENCOURAGE COMPATIBLE LAND USES OBJECTIVE 4.5.1 Encourage a transition from low -intensity to higher intensity land uses POLICY a. Adhere to land use designations on the Comprehensive Plan Map COMMENT The Future Land Use map designates the north part of the property for Medium Density Residential, which is supported by R-2 and R-3 zoning, and the southern part is designated Mixed Use, a category intended for R-1, R-2, R-3, R-4, and C-1 zoning. POLICY b. Use a combination of zoning, performance requirements, site planning, and transportation routes to create the highest level of compatibility between adjacent uses while retaining a complementary mix of possible uses within neighborhoods and communities COMMENT Density will be different from each other, but the Design Review and platting processes can be used to enhance compatibility between the project and existing single family homes. For instance, single family homes placed next to single family homes, multi -family units separated from single-family homes on the exterior by parking and landscaping. POLICY f. Encourage residential infill in suitable locations COMMENT The project is surrounded by developed land is an infill parcel. Utilities are already in place to serve the property. EXHIBIT 3A: COMPREHENSIVE PLAN FUTURE LAND USE MAP EXHIBIT 3B COMPREHENSIVE PLAN ADDITIONAL POLICIES RELEVANT TO THE APPLICATION Staff has identified the following goals, objectives, and policies as potentially applying to this application; decision makers should evaluate the following summaries and determine if they are applicable to the proposal and if others can be identified from the Plan. Summaries of goals, objectives, and policies may not be verbatim. CHAPTER 5: TRANSPORTATION MW GOAL 5.1 PROVIDE FOR SAFE AND FREE-FLOWING TRAFFIC FOR ALL MODES OF TRANSPORTATION OBJECTIVE 5.1.4 Encourage higher densities and site designs that support transit POLICY a. Phase public service extensions over time to protect prime agricultural land and increase development densities to a level that will support transit service COMMENT The site has not been farmed for some time. The density of the development will support more transit services in the future. Currently there is a bus stop within V2 mile of the project. INEENEF CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The project is within the USB. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT The property is proposed to be annexed and services are available at the front of the property. POLICY d. Public water and sanitary sewer services shall be required for all new urban development within the urban service boundary COMMENT Water and sewer mains are in Chubbuck Rd in front of the parcel. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT The property is proposed to be annexed and services are available at the front of the property. GOAL 7.7 IDENTIFY FINANCIAL STRATEGIES TO DELIVER COMMUNITY SERVICES AND TO DEVELOP PUBLIC BUILDINGS AND UTILITY SYSTEMS OBJECTIVE 7.7.1 Manage the cost of providing public services to the community POLICY a. Encourage compact development in order to reduce the cost of providing public services COMMENT The proposal would be for a medium to high density development. POLICY b. Require and impose current municipal standards on areas where utilities are extended COMMENT Provide comment or delete section if not applicable EXHIBIT 3B CHAPTER 10: HOUSING GOAL 10.1 RESPOND TO HOUSING NEEDS OBJECTIVE 10.1.1 Assure an adequate supply of land for residential development POLICY a. Plan for a variety of housing types COMMENT The development will provide more diversity of housing in the neighborhood. OBJECTIVE 10.1.2 Protect residential property values POLICY a. Use a combination of zoning, development standards, site planning guidelines, and transportation routes to protect residential property values — they will be used to create the highest level of compatibility between adjacent uses possible while retaining a synergistic mix of uses within neighborhoods and communities INFCOMMENT Density will be different from each other, but the Design Review and platting processes can be used to enhance compatibility between the project and existing single family homes. For instance, single family homes placed next to single family homes, multi -family units separated from single-family homes on the exterior by parking and landscaping. OBJECTIVE 10.1.3 Encourage the development of affordable housing POLICY d. Encourage residential infill and redevelopment in target areas COMMENT The development will provide more diversity of housing in the neighborhood. Higher density housing can be more affordable than single family homes. GOAL 10.3. ENCOURAGE MORE DENSE RESIDENTIAL DEVELOPMENT PATTERNS WITHIN THE CITY OBJECTIVE 3.2 Encourage more dense residential developments, generally meeting the following criteria, in all areas of the city POLICY a. Single-family attached: Structures such as townhouses or rowhouses. Generally acceptable anywhere a single family residential unit is permitted POLICY b. Two-family dwellings: Generally acceptable anywhere a single-family residential unit is permitted. Encourage designs that appear to be a single unit POLICY c. Multi -family: Encourage small garden apartment complexes adjacent to neighborhood commercial centers; encourage large apartment complexes in conjunction with general commercial centers or adjacent to neighborhood parks COMMENT I Because of the two -zone proposal, all housing types would be allowed in the development. 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 This property is proposed for annexation before it is developed. It is within the USB. POLICY b. For land within the USE, annexation may be granted when essential urban services can be delivered to the subject property COMMENT I Urban services are already at the property boundary. EXHIBIT 3C: COMPREHENSIVE PLAN URBAN SERVICES BOUNDARY STATE OF IDAHO ) :ss County of Bannock ] Richard LaMar Armstrong Name Pocatello City AFFIDAVIT OF LEGAL INTEREST 617 Poole Avenue Idaho state Address Being first duly sworn upon Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: Knudsen Engineering Name 609 West Maple Street, Pocatello, ID 83201 Address To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ® Administrative Variance 6� Conditional Use Permit or CUP Amendment ® Variance ® Annexation & Initial Zoning Request Preliminary Plat 1 Final Plat 5� Comprehensive Plan Map Amendment 50 Planned Unit Development Designation or Amendment M Creative Community Designation or Amendment ® Title Map Amendment (Rezone) to I agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. j D thi ay of r 2(. } har"e-V ure he unders'gned, a Notary Public in and for the above-named county and state, do hereby certify that on s day ofW 2X) personally appeared before me YA MM,known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and yearfirst writ above . Given under my hand and official seal the day and last year above written, (seal) DENAE JONES NOTARY PU - STATE OF I COMMISSION # 40090 Residing at: D NOTARY PUBLIC STATE OF IDAHO Commission Expires: MY COMMISSION EXPIRES 10/06/2029 �-1 20700342 WARRANTY DEED - Pagel armstrang9Z1806.deedbannock.frm 20700342 STATE OF IDAHO ) :SS County of Bannock ) On this day of c , 2007, before me, the undersi Not Public, in and for said State, personally appearedR. Lamar Armstrong, a single p n, o to me to be the person whose name is subscribed to the within instrument and ac edged e that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affix �my day and year first written above. o �0o'�oEs NOTARY - TATE NKy Commission expires: EAL)�� 0 0 WARRANTY DEEP - Page 2 armstrangl2l $06.deedbannock.frm 7 -5 A.0700342 Exhibit "A" Grantor's undivided one-half interest in all lots in Brynwood Park Subdivision as well Grantor's undivided one-half interest in all common areas in Brynwood Park Subdivisio beim subdivision located in Section S, Township 6 South, Range 34 EBM, Bannock County, l 001 l9 Exhibit A - Lea to Lamar 950 1-Z 132 Parcel 1 -Canyon Drive Lot 18 in Block 2 of WEST HIGHLAND SUBDIVISION, Bannock County, Idaho, as the same appears on the official plat thereof, tiled in the office of the County Recorder of Bannock County, Idaho. Parcel 2-Inkom West 1/2 Northeast 1/4; Northwest 114, of Section 16, T n 8 South, Range 36 East, Boise Meridian, Bannock County, 0. Parcel 3-McCammon A parcel of land located in Section 12, Trwnship 9 Soot , ange 36 East, Boise Meridian, Bannock County, Idaho, more pa ti larly described as follows; Beginning at the -y c3 g paint of intersection of Che 'a terly right of way of the old Oregon Trail with the North II16 n of Section 12; thence North 89057* East along said North 1J16 a distance of 307.2 feet, more or less to an intersection with th terly side of Front Street (produced) of Harkness Tow ' e; e e South 19019' East along the westerly side of Fron �' re t (p o ceu) a distance at .i68.6 feet more or less to t 'vr ne First Street; thence along the North line of Fir St e S h 70*410 West a distance of 90 feet; thence p6rth 19°1 st stance of 200 feet, thence South 70°411 gest Edi tan f 200 f et, more or less to the Easterly right of way of t e ld O e rail; thence North 19019' West along said right of wa st ice 20 feet, more or less to the true point of beginnjrrg� Parcel 4-Poc. Creek Southeast 1/4 Southeas Wq 35 East, Boise Meridia Bann Parcel 5-Poc, Cree Southeast 1/4 Sout a �/41,; of the Southwest 1 o Sect East, Boise Meridia n. ck Parcel 6-Poc. Creek— � wnship 6 south, Range ho. st 1/4 Northwest 1/4; West 112 Township 6 South, Range 35 Idaho, Horth 1/2 of tort ebst�l/4; Southwest 1/4 Northeast. 1/4; East 1/2 of the Nor est 1 4 S Section 15, Township 6 South, Range 35 East, Boise Me an, Ha n ck County, Idaho. Parcel 7- reek� Northwes 1/4 N t. est 1/4; Northeast 1/4 Northwest 1/4; Northwest /4 h1 ast 1/4 f Section 14, Townsh2_p 6 South, Range 35 East, B sF i an, Ban ock County, Idaho. Pa a 8 -Po eek Southw t /4 Southwest 1/4; East 1/2 of the Southwest 1/4; and the West 1/2 o the Southeast 1/4, in Section 11, Township 6 South, Range 35 a t, Boise Meridian, Bannock County, Idaho, excepting the fallowin escribed property; arce of land located in the west 1/2 of the Southeast 1/4 of Sec 3 11, Township 6 South, Range 35 East, Boise Meridian, Bannock County, Idaho, and more particularly described as follows; Beginning at the East 1/4 corner of said Sectisan 11, a found BLM Brass cap, Instrument No. 762809; thence South 000414310 East along the East line (basis of bearing for this description) of Section 11 a aistance of 1,024.74 feet (the SOW: -heast corner of Sert,ion 11 being found a BLM Brass cap, Instrument no. 641364); thence North 20700342 /7-5 :0700342 99°56'46" West a distance of 1,310.64 feet to the East 1/ 6 line o1 Section 11 and the true point of beginning; thence contin i g Nortt 89056146" West a distance of 72.35 feet to the centerli e f thf traveled way of Meadows Road; thence South 23°08129" Ea t lane said centerline a distance of 100.09 feet to the point of cu at Of a 180,.96 foot radius curve to the right having a cei�:ral a e Of 42117144" the radius point of which bears Sou 66°1;1'31" Vest; thence along said curve a distance of 11 .5 to an intersection with the centerline of the North f k aeePocatello Creek; thence South 5104415211 East along said center a distance Of 37.69 feet; thence SOUtn 7°24129" East a distance o€ 1. thence leaving Pocatello Creek, South 89°56'46" 'as dx a feet; eeof 663.52 feet to the £ast 1/16 line of Secti n 0°03114" Fast along the East 1116 line a dicta a�"T'�S'�feetence Orth the point of beginning. to 1/2 of the Southeast 1/4 in East, Boise Meridian, Sanr the following described ur A parcel of land located Of section 5, Township Bannock County, Idaho an the Southeast 1/4 Boise Meridian, ribed as follows: commencing at the Sout 1 4�c ne o ection 5, a found City of PocAtel3o Monument Vau t 2!r tr 6549 • t nee North 89043'165f East along a line between t] So th 1/ corner and the Southeast corner of Section 5, f i d Cf o Pocatello Monument Vault now occupying the position o a ailroa S ke--lnstr$ 628846 a distance Of 50,00 feet; thence N o 4130" est a distance of 24.73 feet to the North right-of-wa li Chubbuck Road, the true point of beginning, said poi is .00 a North 89°14114" East from the Southeast corner o ma A es subdivision -a found 3/4" steel rod; thence Norttl ' 0'30" e t parallel to the East line of Lamar Acres fl a distan a of 322.1 feet; thence North 8941411411 East Parallel to the No ih ight- f way line of Chubbuck Road a dist; ice of 874.60 fee • th C 0045146" East a distance of 312.38 feet to the ortih 'gh _ ay line of Chubbuck Raod; thence Sc.uth 09'14'14at W st--alqn the North right-of-way line of Chubbuck load a distant 876. t to the true point beginning. 0;?07. TOWPISNIP 6 Soy SECTION 91 SANah SECTION .101 SMSE4 SECTION III ASA, RXCEPTe A PARCEL I '!.'dTa4SHIP; 6 SOUTH, I PARTICUI RLY VESCR SAID SECTION 11, A SOUTH 0°04143" BAS' DgSCRIPm10N) OF SEI BRING FOUND A BLM 1 09056146-H WEST 131+ THE TRUB,'.POINT OF 1 752.35 PFST TO THE THENCE SOUTH 23400 YOZiIT O.Fj CURVATURE A CENTRAL ANGLE OF 660511310 WEST) THI ItiTHRSBCTIDH WITH CREj,X j tP13NC8 SOUTI THENCE SOUTH 7024': CRW, 8¢UTH 89.56 88CTxON 11; THEME F98T TO .!rHB TRUE V SECTION lb t l7S+I�biA�� SECTION � 51 Mmk, 7— "0700342 00717 A parcel of IM 5, T. 65., a. more particula Commencing at Pocatello Monu East along a southeast corne Vault now nrcup 927.11 feet; I Right of Way 1: Thex:Ce North 0( West 170.00 fee North Right of East along the B to the TRUE POI] Acce: Together with an Of the above desl North 00"45'46° feet; Thence t 000451445" East E Chubbuck Road; Z line 25.00 feet parcel and TRUE i This legal desci survey drawing fc Courthouse. DAVIE 416 South 4th 7-7 CVI]Y RYY Il�le A-0700842 CHUBBUCK Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us January 9, 2024 NOTICE IS HEREBY GIVEN that the City of Chubbuck Land Use and Development Commission will conduct a public hearing and deliberation at 6:00 PM on Tuesday, January 9, 2024 at Chubbuck City Council Chambers, 290 E Linden Avenue, Chubbuck, Idaho. The item to be discussed is described below. You are provided special notice of the following proposal pursuant to Idaho and City codes, as a property owner of record within a defined distance or as a political subdivision/utility as is otherwise required by law. The hearing will be open to the public and you are notified of your opportunity to testify in favor of, neutral to, or against the proposal. A public hearing will be held with respect to the following item: An application for initial designation of property into Land Use Districts (zones) that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 5.70 acres is located at 74330 W Chubbuck Rd in Chubbuck, Idaho. It is proposed to place approximately 2.76 acres into the General Residential (R-3) zone and approximately 2.94 acres into the Dense Residential (R-4) zone. Type of Action: Recommendation. Procedure: The Commission will consider: • Whether the proposal satisfies requirements for approval in municipal code section 18.28.050.6, as well as criteria in Idaho Statute §67-6511. • Whether the request is consistent with the City of Chubbuck Comprehensive Plan. If approved, whether the request will result in demonstrable adverse impacts upon the delivery of service by any political subdivision (city, school district, utility district, etc.) providing services. Materials available to the public: Complete copies of the proposal are available by contacting Don Matson, Planning Services Manager: o Email: dmatson@cityofchubbuck.us o City Hall: 290 E. Linden Avenue, Chubbuck o Phone: 208-239-3252 The staff report, including application materials and public comments, will be available to review 6 days prior to the hearing at the above address, or on the city website: cityofchubbuck.us 4 Government 4 Land Use and Development Commission 4 Land Use Meeting Packets (left side of page) Providing Comment: Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. • Written testimony, including emails, must be received at least 7 days prior to the hearing, and shall be considered public record (see address above). • Complete staff reports will be available at City Hall 6 days before the public hearing and will be presented to the Commission with any written testimony received prior to the deadline. • Oral testimony concerning the proposal may be offered during the public hearing. The Commission may limit oral testimony. Reference Map: Special accommodation: Any person needing special accommodation to participate in the meeting should contact Joey Bowers, City Clerk, at 208-237-2400 at least 24 hours prior to the meeting. Note — Comprehensive Plan and Zoning Districts: The Comprehensive Plan designates the northern part of the property for medium density, only the R-2 and R-3 zones may be approved in that area. The purpose of the R-3, General Residential, zone is described in code "...to provide for diversity in the arrangement and density of residential uses." R-3 allows all types of housing but NOT apartments. R-3 also requires that at least 75% of all the structures built are single family homes. For example, for 1 townhouse building at least 3 single family homes are required. The southern part of the property is designated for Mixed Use in the Comprehensive Plan. Mixed Use allows any residential zone (R-7, R-2, R-3, R-4) and Limited Commercial (C-7). The R-4 zone "...is to provide for the development of dense residential districts..."— all types of housing are allowed in the zone. Within Chubbuck R-4 zones are not located on any local / neighborhood street, but on major streets and in locations where utilities are already in place or are installed by the developer. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www•CityofChubbuck.us 1OAA0 RqI"lop IPM ,Y/2 i,,,h Ill:. .4411 11 II � 1111 II SII � Aelg ,a ;r I Public Notification 11- W1 4m ❑ ij�rsten Dr c Pn 0 s Select or search for a feature ri the maF fAddress 9 Pj Ig 0 Apply a search distance 310 Feet Addressee Laver Parcel Owner `��YT18L Momma -separated values 81 addressees found: do you wanx to < 14330 W CHUBBUCK RD - INITIAL ZONING - PUBLIC NOTICE MAILING LIST NAME STREET CITY NOTE 2019 RITTER REVOCABLE TRUST 12535 N LARAMIE LN POCATELLO, ID 83202 ALPAUGH, JUSTIN 4863 WILTSHIRE ST CHUBBUCK, ID 83202 ANDERSEN, MATTHEW COLT 4898 BROOKSTONE ST CHUBBUCK, ID 83202 ANDERSON, HOUSTON 4841 BROOKSTONE ST CHUBBUCK, ID 83202 ARMSTRONG, RUSSELL S 14340 W CHUBBUCK RD CHUBBUCK, ID 83202 BENCH, SUSAN L 4997 CAMDEN ST CHUBBUCK, ID 83202 BIGELOW, SARA A 14251 W CHUBBUCK RD CHUBBUCK, ID 83202 BI48LOW,, SAR4 4 942sA gni CUL Lnnl Iry RD CHUBBUCK, LCv Ln 822-02 duplicate BLASER, ZACHARY SCOTT 4892 WILTSHIRE ST CHUBBUCK, ID 83202 BRINGHURST, MATTHEW J 4856 BROOKSTONE ST CHUBBUCK, ID 83202 BROOKSTONE TOWN HOUSE ASSOCIATION OWn 3539 BRIAR CREEK LN AMMON, ID 83406 BROOKSTONE HOUSE— UsknSSO N ASSOCIATION 2 c -3o nnLnn CnrIiv L nL nn MQN In 83406, duplicate BROWNLEY, JONNY 1563 COBBLESTONE AVE CHUBBUCK, ID 83202 BRUNING, JORDAN Z 4907 BROOKSTONE ST CHUBBUCK, ID 83202 BYRD, MELISSA JOAN 1631 COBBLESTONE AVE CHUBBUCK, ID 83202 CARTER, JENICA 4853 WILTSHIRE ST CHUBBUCK, ID 83202 CHAPMAN, JORDAN C 1399 JENA DR CHUBBUCK, ID 83202 culdesac - added CHERRY, GEARY LEE 1537 COBBLESTONE AVE CHUBBUCK, ID 83202 CITY OF CHUBBUCK Iry 290 E LINDEN AVE CHUBBUCK, ICY Q 83202 deleted CRITSER, RUSSELL II 4922 WILTSHIRE ST CHUBBUCK, ID 83202 DEGNAN, RILEY R 4842 BROOKSTONE ST CHUBBUCK, ID 83202 DOGGETT, BENJAMIN BRIAN 4933 WILTSHIRE ST CHUBBUCK, ID 83202 EBORN, DANE 10912 N TRAUGHBER LN POCATELLO, ID 83202 culdesac - added EBORN, PAULA LIVING TRUST 10912 N TRAUGHBER LN POCATELLO, ID 83202 culdesac-added EBORN, RYAN 10909 N TRAUGHBER LN POCATELLO, ID 83202 culdesac - added EIDEMILLER, RALPH E 14368 W CHUBBUCK RD CHUBBUCK, ID 83202-5360 EIDEMI Inn RALPH E 14368 gni CHUBBUCK Iry RD CHUBBUCK, Q 83282 5360 duplicate GALLOWAY, TIA MONIQUE 4870 BROOKSTONE ST CHUBBUCK, ID 83202 GLS LIVING TRUST 4828 BROOKSTONE ST CHUBBUCK, ID 83202 GRANT AND LUCI SCHAERRER FAMILY LLC III SSS HOMESTEAD RD CHUBBUCK, ID 83202 GREEN, KATY 4882 WILTSHIRE ST CHUBBUCK, ID 83202 GUINN, BILLY G 4813 BROOKSTONE ST CHUBBUCK, ID 83202 GUNTER, HOLLY BROOKE 1551 STONE HEDGE CT CHUBBUCK, ID 83202 HALL, BRIAN T 4908 BROOKSTONE ST CHUBBUCK, ID 83202 HALL, DUANE WILLIAM 10868 N TRAUGHBER LN POCATELLO, ID 83202 JENSEN, TAYLOR A 1581 COBBLESTONE AVE CHUBBUCK, ID 83202 JOHN, CHRISTOPHER 4970 MASTERSON CIRCLE CHUBBUCK, ID 83202 JOHNSON, ANDREW 4932 WILTSHIRE ST CHUBBUCK, ID 83202 JOHNSON, ROGER JORDAN 4903 WILTSHIRE ST CHUBBUCK, ID 83202 JOHNSON, STUART DAVID H/W 1555 COBBLESTONE AVE CHUBBUCK, ID 83202 KOEPNICK, KORDELL A 1554 COBBLESTONE AVE CHUBBUCK, ID 83202 LAMAR ARMSTRONG REV LIVING TRUST ARMSTRONG, MARTIN L BOISE,ID 83714 8988 CHELAN AVE LAMAR ARMSTRONG REV LIVING TRUST ARMSTRONG, RICHARD L POCATELLO, ID 83201-5022 617 POOLE AVE ARMSTRONG,LAMAR 617 POOLE AVE- POCATELLO, ID 832095022 duplicate NAME STREET CITY NOTE LAWSON, MARCI 4869 BROOKSTONE ST CHUBBUCK, ID 83202 LLOYD, RICK 14448 W CHUBBUCK RD CHUBBUCK, ID 83202 LUSK, EDWARD J 4855 BROOKSTONE ST CHUBBUCK, ID 83202 LUSK, JAMES DARRELL 4814 BROOKSTONE ST CHUBBUCK, ID 83202 MADRIGAL, GUSTAVO F 4915 BROOKSTONE ST CHUBBUCK, ID 83202 MALONE, RYAN D 1538 COBBLESTONE AVE CHUBBUCK, ID 83202 MICHAELSON, ADAM 1562 COBBLESTONE AVE CHUBBUCK, ID 83202 MILLER, TYLER REED KNESS 4913 WILTSHIRE ST CHUBBUCK, ID 83202 MILLER, WILLIAM BRIAN 78805 SPYGLASS HILL DRIVE LAQUINTA, CA 92253 MITTON, CAMERON 1545 COBBLESTONE AVE CHUBBUCK, ID 83202 MIYAKE, TINA M 1528 COBBLESTONE AVE CHUBBUCK, ID 83202 MSP LIVING TRUST 1571 COBBLESTONE AVE CHUBBUCK, ID 83202 MULALLEY, BENJAMIN WAYNE 4827 BROOKSTONE ST CHUBBUCK, ID 83202 MUNNS, JAKE 1561 STONE HEDGE CT CHUBBUCK, ID 83202 MURPHY, KELLY D 10950 N TRAUGHBER LN POCATELLO, ID 83202 MURPHY, KELLY v D 10050 0)i TRAUGHBER LN POCATELLO, ID 832020000) duplicate OSBORNE, JAMES JOSEPH 4920 MASTERSON CIRCLE CHUBBUCK, ID 83202 PENCE, BRADLY 1578 COBBLESTONE AVE CHUBBUCK, ID 83202 PETERSEN FAMILY LIVING TRUST 14407 W CHUBBUCK RD CHUBBUCK, ID 83202 PETERSEN, AMBER ROSE 4862 WILTSHIRE ST CHUBBUCK, ID 83202 PEW, ERICH ROBERT 4902 WILTSHIRE ST CHUBBUCK, ID 83202 QUICK, MITCH 4916 BROOKSTONE ST POCATELLO, ID 83202 RANKIN, JEFFREY L 1568 COBBLESTONE AVE CHUBBUCK, ID 83202 RHOADES, KARLA 4960 MASTERSON CIRCLE CHUBBUCK, ID 83202 SCHWENDIMAN, DANIEL 4999 CAMDEN ST CHUBBUCK, ID 83202 SECKEL, CHRIS 4872 WILTSHIRE ST CHUBBUCK, ID 83202 SEMONS, MATTHEW DEAN 4934 BROOKSTONE ST CHUBBUCK, ID 83202 SERRANO, IGNACIO 4884 BROOKSTONE ST CHUBBUCK, ID 83202 SHAW, MICHAEL P 1591 COBBLESTONE AVE CHUBBUCK, ID 83202 SHUTES, BRENT 4883 BROOKSTONE ST POCATELLO, ID 83202 SIMONS, TYLER 4897 BROOKSTONE ST CHUBBUCK, ID 83202 SNYDER, STEVEN 5002 CAMDEN ST CHUBBUCK, ID 83202 SPEERS, CHARLES A 4926 BROOKSTONE ST CHUBBUCK, ID 83202 TAYLOR, JOHN 5001 CAMDEN ST CHUBBUCK, ID 83202 TRAUGHBER, DANIEL LANCE 14353 W CHUBBUCK RD POCATELLO, ID 83202 TRAUGHBER, FREDRIC LANCE 14347 W CHUBBUCK RD POCATELLO, ID 83202 VANDERHOLM, CONNOR 4912 WILTSHIRE ST CHUBBUCK, ID 83202 VICTOR, TYLER 1588 COBBLESTONE AVE CHUBBUCK, ID 83202 WACH, MITCHELL LAWRENCE 4930 MASTERSON CIRCLE CHUBBUCK, ID 83202 WAHLEN, GARRETT K 4995 CAMDEN ST CHUBBUCK, ID 83202 WILLIAMS, MATTHEW DAVID 4942 WILTSHIRE ST CHUBBUCK, ID 83202 WISCOMBE, MAKAYLAH 1651 LAMBERT ST CHUBBUCK, ID 83202 CITY OF CHUBBUCK 290 E LINDEN AVENUE CHUBBUCK ID 83202-1802 (208) 417-7175 Receipt No: 18.000648 Dec 6, 2023 LINDA ARMSTRONG ANNX Previous Balance: .00 PLANNING ANNEXATION/10-36-56000 165.00 --------------- Total: 165.00 --------------- --------------- LINDA ARMSTRONG ZONE Previous Balance: .00 MISCELLANOUS MISCELLANEOUS ENTER GL ## 677.50 --------------- Total: 677.50 --------------- Check Check No: 481 842.50 Total Applied: 842.50 --------------- Change Tendered: .00 Duplicate Copy 12/06/2023 4:53 PM Don Matson From: Joey Bowers Sent: Tuesday, January 2, 2024 8:55 AM To: Don Matson Subject: FW: Public Land Use Hearing for 14330 W Chubbuck Rd in Chubbuck, Idaho From: Rosemarie Eidemiller [ Sent: Tuesday, January 2, 2024 12:02 AM To: Joey Bowers <JBowers@cityofchubbuck.us> Subject: Public Land Use Hearing for 14330 W Chubbuck Rd in Chubbuck, Idaho. To whom it may concern. I am the neighbor west of the Armstrongs who live directly next to the property being discussed. It seems VERY highly suspicious that this proposal and discussion is taking place while the individuals upon whom this will have the most impact cannot be present to discuss their issues with it. They cannot be present due to the fact that they have been serving a mission for their faith, the Church of Jesus Christ of Latter Day Saints, and will be continuing to do so until approximately February/March of this year. t does appear that the individuals, who are asking for this change to be made, are doing so at this time because they know that Russ and Christine Armstrong strongly oppose its use being changed. It also seems as if the actual owner of this property, Lamar Armstrong is being pushed by two of his offspring to have the land use changed, for their monetary benefits, which is not in accordance with his actual wishes. None of this was an issue before Russ and Christine embarked on their mission, and perhaps was prompted by Lamar's wish to sell the house that is currently on the property - which may be a historical landmark - to one of his grandchildren so that it could be restored. If you approve of the land use change, it could turn out that you enter into a situation that might very well involve litigation, as Russell and Christine are extremely unhappy with this situation, and have stated so. I do not think it is in the best interests of this community to possibly incur legal issues that could cost the city money. Perhaps you should put this decision off until after their return, or at least until you have discussed it with Lamar himself. Sincerely, Rosemarie Eidemiller 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. Don Matson From: Joey Bowers Sent: Wednesday, January 3, 2024 9:07 AM To: Don Matson Subject: FW: 14330 W Chubbuck Rd. From: Charly Johnson [ Sent: Tuesday, January 2, 2024 6:43 PM To: Joey Bowers <JBowers@cityofchubbuck.us> Subject: 14330 W Chubbuck Rd. I would like to submit written testimony to the Chubbuck City Council and the Land Use Developement Commission, We, Charly and Roger Johnson, who reside at 4903 Wiltshire St. oppose changing the zoning of 14330 W. Chubbuck Rd tp R-4 and or R-3. Building apartments there would lower our property values, make the area more congested and increase traffic. Furthermore we ask that the city council cancel this hearing concerning the parcel of land until Russ and Christine Armstrong, who I understand own the land, return from their mission for the Church of Jesus Christ of Latter Day Saints, so that they may participate in this meeting. Thank you for your time, Charly and Roger Johnson 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. Don Matson From: Joey Bowers Sent: Wednesday, January 3, 2024 12:18 PM To: Don Matson Subject: FW: Public hearing 1/09/24 -----Original Message ----- From: zach blaser [ Sent: Wednesday, January 3, 2024 12:15 PM To: Joey Bowers <JBowers@cityofchubbuck.us> Subject: Public hearing 1/09/24 Hello I'm emailing you regarding the public hearing on January 9th, 2024 for the address of 14330 chubbuck rd. I'm asking that the hearing be canceled or delayed. My reason being is two of the partial owners of the land are serving an LDS mission and are not able to attend the hearing. I feel that it's unfair to hold a public hearing of land where all owners are not able to attend. Please consider canceling the hearing or delaying it until all family members, including those serving a mission, can be in attendance. Thank you. Zachary Blaser 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. EXHIBIT 6 CHUBBUCK MUNICIPAL CODE TITLE 18.28.050.F. ZONING DEVELOPMENT AGREEMENTS (ZDA) 18.28.050: TITLE TEXT AND MAP AMENDMENTS AND INITIAL ZONING DISTRICT DESIGNATION: F. Zoning Development Agreements (ZDA): 1. Purpose: A zoning development agreement (ZDA) is a discretionary tool to be used by LUDC and the Council pursuant to Idaho Code section 67-6511A. ZDAs allow a change in a zoning for a specific project, with a specific use, to be developed in an area which may not be appropriate for all uses permitted outright or conditionally within the proposed zone. Approval of a ZDA, pursuant to this section, would permit the proposed use, with conditions, within the proposed zone. 2. ZDA Designation: Lands approved for a change in zoning with a ZDA shall be designated by a "ZDA" (Zoning Development Agreement) on the map following the official zoning designation (e.g., R-1(ZDA), R- 2(ZDA), C-1(ZDA), PUD(ZDA), etc.). Designation of property as (ZDA) shall not constitute "spot zoning" nor shall be it presumptive proof that the zoning of other property adjacent to or in the vicinity of the ZDA property should be zoned the same. 3. When Permitted or Required: A ZDA may be permitted or required at the discretion of LUDC or Council when considering a request for a rezone. An agreement, when permitted or required, shall be initiated through one of the following methods: a. On request by the landowner or duly authorized representative. b. On recommendation of the CSD; and c. As recommended by LUDC and/or required by Council. (1) LUDC or Council may require that a ZDA be executed prior to allowing a particular project to proceed. A ZDA may be formulated when approval of the rezone would permit uses within that zone which may not be appropriate to the area, but the subject project presented may have value to the community which could otherwise be allowed using an agreement. 4. Creation and Form: If a ZDA is deemed necessary by LUDC or Council, the developer or owner shall prepare and execute an agreement with the City that shall be reviewed and approved for form by the City Attorney prior to final Council action. The agreement shall contain the provisions set out below, and once executed by the developer/owner, shall be presented to Council for its approval, and then recorded with the County Clerk with a copy of the instrument provided to the City. Minimum provisions in ZDA's shall be: a. Legal description of the subject property; b. An affidavit by the owner of the property agreeing to the submission of the use and property for an agreement; c. A concept plan for the property including, but not limited to preliminary site plans, elevation plans, density, and other pertinent exhibits; d. Construction schedule, including projected occupancy date; e. Provisions for any reservation or dedication of land; f. The duration of the agreement; and g. A provision that the owner acknowledges and agrees that failure to comply with the terms of the agreement shall result in a rezoning of the real property to the zoning district existing immediately prior to the execution of the agreement or, in the case of the preexisting zone being an initial zone at annexation, a zone deemed appropriate by the Commission and Council. h. A provision specifying that the agreement and all conditions, terms, duties, and obligations included in said agreement shall be an encumbrance on the real property and shall run with the land. i. Any other matter required by the Council. (Ord. 832, 2021: Ord. 845 § 13, 2022) Di 290 E Linden, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 A H 8