HomeMy WebLinkAboutItem #3 Annexation 5328 Yellowstone Ave.CHUBBUCK
Memo
Community Services Department
Planning Services Division
290 E Linden Avenue, Chubbuck, ID 83202
Phone: 208.237.2430
www.CityofChubbuck.us
TO: Honorable Mayor and Chubbuck City Council
FROM: Don Matson, Planning Services Manager
DATE: January 10, 2024
RE: A proposal by city staff for Annexation, Category A, of approximately 4.28 acres of
land into the City of Chubbuck, located at 5328 Yellowstone. 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. The 4.28 acre property, located at 5328 Yellowstone, lies in an enclave surrounded on all sides
by lands within the city. The enclave status is one of three classifications eligible for "Category "A" annexations
per Idaho Statute 50-222.
STAFF FINDINGS. After reviewing the property characteristics, location, and eligibility per Idaho Statutes, staff
finds that it meets the requirements for a Category A annexation into the City and recommends approval.
• It is bounded on all sides by the City boundary and lies within the Urban Service Boundary.
• The property is served by City culinary water, sewer lines are at the property's western and
southern sides, as well as to the east in Park Lawn Drive.
• The Land Use and Development Commission has recommended a zoning district for the
subject property (approval of the zoning district is a separate item on this agenda).
FACTS
BACKGROUND: The property fits the second classification for a Category A annexation, defined in Idaho
Statutes Title 50: Municipal Corporations, section 50-222(3)(a)(ii):
"(ii) Any residential enclaved land of less than one hundred (700) privately owned parcels, irrespective of
surface area, which are surrounded on all sides by land within a city or which are bounded on all sides
by lands within a city and by the city's area of impact."
TYPE OF APPLICATION: Legislative (Subject to request for reconsideration; decision should be based
on the standards for approval). The Council may approve, table a decision, or deny the application.
APPLICANT: OWNER:
City of Chubbuck JRG Holdings
Community Services Department 150 Park Lawn Ave
290 E Linden Ave Chubbuck, ID 83202
Chubbuck, ID 83202
LOCATION: The property is at 5328 Yellowstone Ave. Current parcel number is R3853002601.
REFERENCE MAP:
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SITE CHARACTERISTICS & ZONING
CURRENT ZONING: Bannock County, Multiple
Use zone
PROJECT SIZE: ±4.28 acres
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: House with sheds, silos,
and other outbuildings
IRRIGATION FACILITIES: Property has surface
water rights
i
RECENT TRAFFIC COUNTS ON YELLOWSTONE:
North of Park Lawn — 2015, 10,909/day;
2019, 11,953/day
RECENT TRAFFIC COUNTS ON PARK LAWN:
2016, 2,140/day; 2020. 1,986/day
SURROUNDING LAND USES AND ZONING
NORTH: Commercial property— new development; General Commercial (C-2) and Dense Residential (R-4)
EAST: Multi -family; Dense Residential (R-4)
SOUTH: Commercial; General Commercial (C-2)
WEST: Single-family, General Commercial (C-2)
194�47c\
CHUBBUCK
1 0 R H 0
290 E Linden Ave Chubbuck, ID 83202
Phone: 208.237.2430
www.CityofChubbuck.us
SERVICES:
ACCESS STREET: Park Lawn; existing house has a residential access to Yellowstone Ave
EMERGENCY SERVICES: City of Chubbuck
CULINARY WATER SERVICE: City of Chubbuck, property is served by City water.
SEWAGE DISPOSAL: City of Chubbuck, property is served by City sewer
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 Q
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.
AGENCY COMMENTS: No comments were received from 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:
CHUBBUCK
1 0 R H 0
290 E Linden Ave Chubbuck, ID 83202
Phone: 208.237.2430
www.CityofChubbuck.us
Standard.
a.
The land is contiguous or adjacent to the City boundary.
The land is contiguous to the City.
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 includes the adjacent part of Yellowstone Ave.
c
The annexation meets the requirements for its Annexation Classification under Idaho Code.
The area proposed for annexation falls under Category A; the landowner has consented to
annexation.
d.
Annexation of the land is in the best interest of the City. Suggested considerations to evaluate
for this criteria include:
1
Revenue generated by property taxes will exceed long-term costs associated with maintenance
and provision of services and facilities.
The development will not create new streets or utilities of concern for city maintenance.
CHUBBUCK
1 0 R H 0
290 E Linden Ave Chubbuck, ID 83202
Phone: 208.237.2430
www.CityofChubbuck.us
2
The advantages both to the City and to the area outweigh the disadvantages.
N/A
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.
N/A
E
The land can be served currently, or within a reasonable time, by essential urban services.
Services are available along the property frontage, as well as via Park Lawn to the east.
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. It is infill property and is planned to convert from residential to
commercial property, allowing the owner to expand his business in the future.
ATTACHMENTS
A. Property Boundary and Deed
B. Comprehensive Plan Future Land Use Map
C. Comprehensive Plan Policies Relevant to the Proposal
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 10, 2024 brought to light at or before the meeting.
CHUBBUCK
1 0 R H 0
290 E Linden Ave Chubbuck, ID 83202
Phone: 208.237.2430
www.CityofChubbuck.us
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ALLIANCE
T�T:E • S�R�w
Instrument # 22304607
Bannock County, Pocatello, Idaho
05/12/2023 04:44:05 PM No. of Pages: 2
Recorded For: ALLIANCE TITLE - POCATELLO OFFICE
Jason C. Dixon Fee: $15-00
Deputy jbrower
Electronically Recorded
WARRANTY DEED
Alliance Title & Escrow, LLC Order No.: 637143
FOR VALUE RECEIVED
Matthew Shioaawa and Allyson Shioxawa, husband and wife
the grantor(s), do(es) hereby grant, bargain, sell and convey unto
dRG Holdings, LLC, an Idaho limited liability company
whose current address is
150 Park Lawn Dr
Pocatello, ID 83202
the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT:
Parcel A.
Part of Section 3, Township 6 South, Range 34 East, Boise Meridian, Bannock
County, Idaho, more particularly described as;
COMMENCING at the North'/. corner of Section 3, Township 6 South, Range 34
East and running;
Thence South 00°22'55" East 1508.63 feet along the meridional centerline of said
Section 3 to the Southwest corner of Legacy Park Subdivision Instrument No.
22215131 said point being the TRUE POINT OF BEGINNING;
Thence South 89°35'17" East 535.26 feet along the South line of said Legacy Park
Subdivision to the Northwest corner of Lot 4, Block 3, Diamond Court Subdivision
Instrument No. 96014344;
Thence South 03'47'50" East 344,44 feet along the West lint of said Lot 4 to the
Southwest corner of said Lot 4;
Thence North 89°34'35" West 555.78 feet along the North line of Lots 1, 2 and 3,
Block 3, Diamond Court Subdivision to a point on the meridional centerline of said
Section 3,
Thence North 00022'55" West 343.43 feet along said meridional centerline to the
POINT OF BEGINNING.
Parcel B:
Lot 4, Block 3, Diamond Court Subdivision, Bannock County, Idaho, as the same
appears on the official plat thereof, Filed in the office of the County Recorder of
Bannock County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said
Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the
said Grantee(s), that (s)he Ware the owner(s) in fee simple of said premises; that they are free
from all encumbrances Except. Current Year Taxes, conditions, covenants, restrictions,
reservations, easements, rights and rights of way, apparent or of record.
And that (s)he will warrant and defend the same from all lawful claims whatsoever-
F.I. No. 637143 202
--L 130
Cl :.us
Initial Zone Designation
ATTACHMENT B:
COMPREHENSIVE PLAN
FUTURE LAND USE MAP
ATTACHMENT C:
COMPREHENSIVE PLAN POLICIES RELEVANT TO THE PROPOSAL
Other code and policy may be identified from State Law, City Code, or the Plan. Summaries of codes, goals,
objectives, and policies may not be verbatim.
COMPREHENSIVE PLAN CHAPTER 4: LAND USE
GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS
OBJECTIVE
4.1.1 Strongly protect prime agricultural land from development sprawl
POLICY
b. Make careful assessment of the costs and benefits of annexation
COMMENT
Public utilities are already present at the site.
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
Public utilities are already present at the site, and it is within the USB.
CHAPTER 7: GOVERNMENT SERVICES
GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY
MEDICAL SERVICES
OBJECTIVE
7.2.2 Monitor population growth patterns in consideration of the need for building additional
fire stations in Chubbuck
POLICY
a. Discourage development outside the USB
COMMENT
The site lies 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 proposing annexation and 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.
City utilities are at the property and will be required for development.
/944c-\
CHUBBUCK
1 0 R H 0
290 E Linden Ave Chubbuck, ID 83202
Phone: 208.237.2430
www.CityofChubbuck.us
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 USES
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 USE, annexation may be granted when essential urban services can be
delivered to the subject property
COMMENT
Water and sewer mains are already at the property line.
1940t-\
CHUBBUCK
1 0 R H 0
290 E Linden Ave Chubbuck, ID 83202
Phone: 208.237.2430
www.CityofChubbuck.us
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN IDENTIFIED LANDS NEAR 5328
YELLOWSTONE AVE., AND LOCATED IN NORTH QUARTER OF
SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE
MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO, TO BE INCLUDED
WITHIN THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY
OF CHUBBUCK, IDAHO AND WHICH ARE SPECIFICALLY SET FORTH
BELOW; AND SPECIFYING THE ZONING CLASSIFICATION FOR THE
NEWLY ANNEXED AREA; DIRECTING THE CHUBBUCK CITY CLERK
TO RECORD THE ORDINANCE WITH BANNOCK COUNTY; REPEALING
PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Annexation. The following described lands, located within Bannock County
and contiguous to the existing boundaries of the City of Chubbuck, Idaho are hereby annexed and
included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho:
PART OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE
MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO,
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 3, TOWNSHIP 6 SOUTH,
RANGE 34 EAST AND RUNNING;
THENCE SOUTH 00022'55" EAST 1508.63 FEET ALONG THE MERIDIONAL
CENTERLINE OF SAID SECTION 3 TO THE SOUTHWEST CORNER OF LEGACY PARK
SUBDIVISION INSTRUMENT NO. 22215131 SAID POINT BEING THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89035'17" EAST 535.26 FEET ALONG THE SOUTH LINE OF SAID
LEGACY PARK SUBDIVISION TO THE NORTHWEST CORNER OF LOT 4, BLOCK 3,
DIAMOND COURT SUBDIVISION INSTRUMENT NO. 96014344;
THENCE SOUTH 03047'50" EAST 344.44 FEET ALONG THE WEST LINE OF SAID LOT 4
TO THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE NORTH 89034'35" WEST 555.78 FEET ALONG THE NORTH LINE OF LOTS 1, 2
AND 3, BLOCK 3, DIAMOND COURT SUBDIVISION TO A POINT ON THE
MERIDIONAL CENTERLINE OF SAID SECTION 3,
ORDINANCE - Page 1
THENCE NORTH 00022'55" WEST 343.43 FEET ALONG SAID MERIDIONAL
CENTERLINE TO THE POINT OF BEGINNING.
Section 2. Zoning. The lands newly annexed to the City of Chubbuck, Idaho, as set forth
in Section 1 above, shall be subject to the Limited Commercial (C-1) zoning classification:
Section 3. Recording. The Chubbuck City Clerk is hereby directed to cause the
ordinance to be recorded in the records of Bannock County.
Section 4. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict
with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
Section 5. Severability. If any provision of this ordinance is held invalid, for any reason,
by any court of competent jurisdiction, such holding shall not affect the validity or enforceability
of any of the remaining provisions.
Section 6. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall
become effect upon its passage, approval and publication as provided by law
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this day of , 2024.
Kevin B. England, MAYOR
ATTEST:
Joey Bowers, CITY CLERK
ORDINANCE - Page 2
A&
ALLIANCE
71 T:L & FS". R)W
WARRANTY DEED
Alliance Title & Escrow, LLC Order No.:637143
FOR VALUE RECEIVED
Matthew Shiozawa and Allyson Shiozawa, husband and wife
the grantor(s), do(es) hereby grant, bargain, sell and convey unto
JRG Holdings, LLC, an Idaho limited liability company
whose current address is
150 Park Lawn Dr
Pocatello, ID 83202
I AQUA,
the grantee(s), the following described premises, in Bannock County, Idaho, TO WIT:
Parcel A:
Part of Section 3, Township 6 South, Range 34 East, Boise Meridian, Bannock
County, Idaho, more particularly described as;
COMMENCING at the North '/ corner of Section 3, Township 6 South, Range 34
East and running;
Thence South 00022'55" East 1508.63 feet along the meridional centerline of said
Section 3 to the Southwest corner of Legacy Park Subdivision Instrument No.
22215131 said point being the TRUE POINT OF BEGINNING;
Thence South 89035'17" East 535.26 feet along the South line of said Legacy Park
Subdivision to the Northwest corner of Lot 4, Block 3, Diamond Court Subdivision
Instrument No. 96014344;
Thence South 03°47'50" East 344.44 feet along the West line of said Lot 4 to the
Southwest corner of said Lot 4;
Thence North 89134'35" West 555.78 feet along the North line of Lots 1, 2 and 3,
Block 3, Diamond Court Subdivision to a point on the meridional centerline of said
Section 3,
Thence North 00022'55" West 343.43 feet along said meridional centerline to the
POINT OF BEGINNING.
Parcel B:
Lot 4, Block 3, Diamond Court Subdivision, Bannock County, Idaho, as the same
appears on the official plat thereof, filed in the office of the County Recorder of
Bannock County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said
Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the
said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free
from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions,
reservations, easements, rights and rights of way, apparent or of record.
A_J aL... /_%L___..11 ____—__a --J J_f__J A- - __.___ t__._. _11 f___.C. 1 _1... - 1
Dated: May 10, 2023
00/
Maf tthew Shiozawwaa o
Allyson Shiozawa
State of Utah } ss
County of Washington}
On this 10 day of May, 2023, before me, the undersigned, a Notary Public in and for said state,
personally appeared Matthew Shiozawa and Allyson Shiozawa, known or identified to me to be
the person(s) whose name(s) is/are subscribed to the within Instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public for the
Residin at: WAO%A(t,
Commission Expires:
KIMBERLY COOPER
Notary Public - State of Iftah
My Commission Expires
May 20, 2023
Commission #700403
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D9 8 7 6 5 4 3 2 2 HIGHWAY AVENUE
1
284 264 256 250 244 238 230 222 131 145 151 203 219 231 241 315 335
206 ��
HENRY AVENUE 2 1 1 0 137 211 251 255
39 28125-) 24 24 237 217 Y3 201 1 �2 8 7 6 5 4 3 2 1
3 141516 7 18 19 20 21 / Ldp 136 "'
2S 130 126 118 9
0 9 8 7 6 5 4 3 2 1 23STUART AVENUE
4 256 250 244 238 230 228 222 206 200 135 131 12 117 1 0 0 4 5 1 4 6 5 3 2 1
'EN U E 8 5 4 3 2 2 3 6 7 0 240 250 260 280 290
i 257 245 24 23 231 227 221 217 199 197 18 100 102 LAUREL LANE
2 1110 9 8 1 7 6 5 4 3 2 1LAUREL LANE
46 1
1 7 4 24 28
12 3
M
60 254 246 238 226 216 210 204 178 154 148 122 �1 2 3 167 187 201 211 —12 1 5 E4 Z o 1 1
MINGO LANE 4 13 11 10 11 16 �2 J 10
'61 253245 237 231 225 217 209 165 161 155 147 145 137 12 g 10 7o g
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