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HomeMy WebLinkAboutItem #2 Annexation 14330 W. Chubbuck RdCHUBBUCK 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: Application for annexation of approximately 5.10 acres located at 14330 W Chubbuck Rd. The application will be reviewed against criteria in section 18.28.060.G of city code. (Action Item) SUMMARY DESCRIPTION. Consider application for annexation of property at 14330 W Chubbuck Road, comprising approximately 5.1 acres. Property is currently in the Bannock County Residential Suburban zone. 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. • The site is considered infill development. • Public and private utilities are available along Chubbuck Rd. • The owner has consented to the annexation. • Development of the site may help fill a gap for additional housing in the City. • 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 subject property is a remnant of the Lamar Armstrong farm, much of which was sold previously for the development of Brookstone. All surrounding properties, except those facing Chubbuck Rd, have been annexed into the City. 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: 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: 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 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 SURROUNDING LAND USES AND ZONING 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 /944�c-\ CHUBBUCK 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us 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. 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. AGENCY COMMENTS: No comments were received from any 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: /944'C_\ CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us and Comment -Sec.]_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 part of Chubbuck Rd. Further annexations of the road can occur after discussions with Bannock County and others. 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. /944'C_\ 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 The property is not inhabited. 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. 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 provide additional needed housing for the community. ATTACHMENTS A. Annexation Application Materials B. Comprehensive Plan Future Land Use Map C. Comprehensive Plan Policies Relevant to the Proposal D. City Boundary and Urban Service Boundary Map 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. /94�4c\ CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us lae,__ L CHUBBUCK 1 11 PO Box 5604 — 290 E Linden Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ANNEXATION APPLICATION June 2021 Farm 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 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 PAfD? 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 I D Zip Code 83714 A3. Phone Number (including area code) A4. Email Address 208-631-6346 Linda.K.Armstrong@wellsfargo.com A5. Is Applicant the Owner of Record? ❑ Yes Q No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B — OWNER INFORMATION (IF DIFFERENT THAN PART A) 61. Name Richard LaMar Armstrong 132, Mailing Address 617 Poole Avenue City State Zip Code Pocatello Idaho 83201 133. Phone Number (including area code) B4. Email Address 208-251-1221 SECTION C — SITE INFORMATION Cl. Site Address / Location City Zip C2. Tax Parcel #(s) 14330 CHUBBUCK ROAD CHUBBUCK 83242 RPR3853006312 SECTION D — PLANNING INFORMATION D1. Gross Area D2. Comprehensive Plan Future Land Use Designation(s) MEDIUM DENSITY AND MIXED USE D3. Current/Existing Land Use(s) and Structure(s) D4. Proposed Land Use(s), if known: MISCELLANEOUS LIVESTOCK R-3 RESIDENTIAL ZONING BUILDINGS/ENCLOSURES PO Box 5604 — 290 E Linden la�ae\ Chubbuck,ID 83202 CHUBBUCK 208.237.2430 —Fax 208.237.2409 www.CityofChubbuck.us I Q i H A ANNEXATION APPLICATION June 2021 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. SEE NARRATIVE F1: PO Box 5604-290 E Linden ANNEXATION Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 APPLICATION CHUBBUCKwww.CityofChubbuck.us June 2021 PAGE 3 For 3 IU9119 SECTION F- CERTIFICATION 1, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. 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. 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 certify that I will ensure that the signs remain where placed and will remain upright and int . eir original condition until removed by city staff and that failure to do so may result in a delay in ocess/he ring and may result in additional fees for rescheduled public hearings. atLIM i F2. Printed Name I F3. Date Martin L. Armstrong, Co -Trustee I November 25, 2023 PO Sox 5604 — 290 E Linden ANNEXATION 832 208.237.2 30 — Fax o 082037.2409 APPLICATION CHEBUCKwww.CityofChubbuck.us June 2021 Form I I I 1 0 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. • l 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. S'nature F2. Printed Name F3. Date�;<, Ricky D Armstrong, Co -Trustee November 25, 2023 STOP. SECTION G -FOR STAFF USE ONLY I Gl. COMPLETENESS REVIEW: Reviewed by: Date: Deemed completes G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: 11 Yes ❑ No If no, list concern(s): Applicant Notlf�ed? ❑ Yes []No Comments: Applicant Contacted? ❑ Yes ❑ No (_KNUDSEN December 6, 2023 City of Chubbuck — Development Services Division 290 East Linden Avenue Chubbuck, Idaho 83202 SUBJECT: Armstrong Property - Annexation Narrative 609 West Maple Street Pocatello, Idaho 83201 knudsen-eng.com PURPOSE The intent of this narrative is to provide answers to the annexation application for the Armstrong property. ANNEXATION NARRATIVE It is in the interest of the city to annex the property because the property is bordered by the city on three of its major property boundaries causing an infill situation. Annexing the property would cause the City's boundaries to be more continuous in the area. When it comes to servicing the property, public utilities are easily accessible within the Chubbuck Road right of way. Additionally, the future impact of the 5.10 acre development would have a minimal impact on the public utility systems. The annexation of the property is compliant with the City of Chubbuck Comprehensive Plan. As stated above, the property is in an infill situation which directly applies to Goal 1 and Objective 1.3. Goal 1 of the Comprehensive Plan is to "direct urban growth to urban infill areas", and Objective 1.3 is to "Make investment in infill and redevelopment more attractive than sprawl". By annexing the property both of the above parts of the Comprehensive Plan would be satisfied. As a result of annexing and later developing the property, Objective 2.1 would also be satisfied. Objective 2.1 is to "Improve the appearance of residential areas". Since the property is surrounded by residential properties, and the property is currently not being used for agricultural or other purposes, the property would be a significant improvement to the appearance of its surrounding residential areas. Sincerely, KNUDSEN ENGINEERING, LLC -�4A�J,- - Tys n Lee Knudsen, PE Principal Engineer PH No: 208-417-0522 PN: 2021020 Doc: LA -ANNEXATION NARRATIVE.docx LEGEND M M EXISTING CITY LIMITS EXISTING PARCEL LINES EXISTING SECTION LINES BOUNDARY OF PROPOSED ANNEXATION 0 100' 200 SCALE: 1 " = 100' ANNEXATION MAP FIGURE NO. F-1 DATE DECEMBER -2023 ARMSTRONG PROPERTY ANNEXATION LINDA ARMSTRONG CHUBBUCK, IDAHO <=KNUDSEN ENGINEERING 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°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 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 312.26' ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89'14101" W 170.10' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL I" FOUND IN DEED INSTRUMENT No. 20700342 TO THE NORTHWEST CORNER OF THE SAID "LEA ARMSTRONG 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 564.59' 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 658.94' TO THE SOUTH BOUNDARY LINE OF SAID SECTION 5; THENCE S 89°16104" W 957.45' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 5.10 ACRES MORE OR LESS N13 NL LAAto s NSF� �•p O �o SOON T. PP PRELIMINARY LEGAL DESCRIPTION FOR: ARMSTRONG ANNEXATION ARMSTRONG PROPERTY FIGURE ANNEXATION NO. LINDA ARMSTRONG CHIIRRIICK II)AHC) SHEET INFORMATION KN U DSEN r - DRAFTER BRD I REVIEWER CTP I DRAWING I LA - DESC & DISPLAY DATE DESIGNER I BIRD I PROJECT NO. 12023012 1 FILEPATH ANNEX.DWG ENGINEERING DECEMBER -2023 r�yn IV U7 I U VY L `t7.77 No NL LANA\ EN SFO G� O `CL �o QC,�F OIF �a � T. ? Lo PRELIMINARY LEGAL DISPLAY FOR: ARMSTRONG ANNEXATION ARMSTRONG PROPERTY FIGURE ANNEXATION NO. LINDA ARMSTRONG CHIIRRIICK II)AHC) SHEET INFORMATIONKN U DSEN r-1 DRAFTER BRD REVIEWER CTP DRAWING LA- DESC & DISPLAY DATE DESIGNER I BIRD I PROJECT NO. 12023012 FILEPATH ANNEX.DWG ENGINEERING IDECEMBER-2023 7-/ 2070034: WARRANTY DEED For Value Received, R. Lamar Armstrong, a/k/a Lamar Armstrong, a hereinafter referred to as "Grantor," whether one or more, does hereby grant, convey unto the Lamar Armstrong, Trustee, or the successor Trustee, of Revocable Living Trust, being a trust created under instrur. e--- 2007, hereinafter referred to whose current address is 517 Poole, Pocatello, ID 83201, the Bannock County, Idaho, to wit: TO HAVE AND TO HOLD the lsaid p%e`rr e ,nth their appurtenances unto the said Grantee, and Grantee's heirs assi foreve . And the said Grantor does hereby covenant to and with the said Grantee, t t t is ner in fee simple of said premises; that they are will warrant and defend the same from all lawful claims whatsoever. ��.`' i I'`�,=:�ii lis` 1�. 'Y li�iG' Ali RF01 c'I I �a 5���Cn v OLaTY IAwEOU U 3?2 � Er��—DE° i Y WARRANTY PEED • Page 1 armstrong121806.deedhannockfrm 20700,342 STATE OF IDAHO ) :SS County of Bannock ) On this day of - ` , 2007, before me, the undersi Not Public, in and for said State, personally appeare R. 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 o day and year first written above. NOTARY � - TATE O IDAHO N 41 �� A� &� yD�� SES 162p12 . y Commission expires: EAL�N 0 0 WARRANTY DEED - Page 2 armstrcng121806.deedbannock.km X0700 342 Exhibit "A" Grantor's undivided one-half interest in all lots in Brynwood Park Subdivision as Grantor's undivided one-half interest in all common areas in Brynwood Park Subdivisio bein€ subdivision located in Section 5, Township 6 South, Range 34 EBM, Bannock County, Exhibit A - Lea to Lamar 9/ Z113 Parcel 1 -Canyon Qrive Lot 18 in Block 2 of WEST HIGHLAND SUBDIVISION, Bannock County, Idaho, as the same appears on the offi.cial plat thereof, tiled in the office of the County Recorder of Elannock County, Idaho. Parcel 2-Inkom West 1/2 Northeast 1/4; Northwest 1/4 of Section 16, T n 8 South, Range 36 East, Boise Meridian, Bannock County, o, Parcel 3-Mccammon A parcel of land located in section 12, Township 9 Sout ange 36 East, Boise Meridian, Bannock County, Idaho, more pa ti larly described as follows; Beginning at the- y g paint of intersection of the �a terly right of way of the old Oregon Trail with the North 1;16n of Section 12; thence North 89057* East along said North 1/16 a distance of 307.2 feet, more or less to an intersection with th terly side of Front Street (produced) of Harkness Toss ' e; e e South 19°19' East along the westerly side of Fron r' re t (p 0 ceu) a distance of .188.6 feet more or less to t 4or ne First Street; thence along the North line of Fir St e S h 70041# West a distance of 90 feet; thence Y6rth 19°1 1 7 st stance of 200 feet; thence South 70141' West i tan f 200 f et, more or less to the Easterly right of way of te ld 0 e rail; thence North 19°19' West along said right of wa st ice 20 feet, more or less to the true point of beginnin. Parcel 4-Poc. Creek Southeast 1/4 Southeas secio 9 nsisip b South, Range 35 East, Boise Meridia Ban c Co , aho. Parcel 5-Poc, Cree Southeast 1/4 Sout a /4; o hwest 1/4 Northwest 1/4; West 1J2 of the Southwest 1 0 5ectl 0, Township 6 South, Rarge 35 East, Boise Meridia n. ck Co , Idaho. Parcel 6-Poc. cre North 1/2 of t e orthe st 1/4; Southwest 1/4 Northeast. 1/4; East 1/2 of the Nor est 1/4 f Section 15, Township 6 South, Range 35 East, Boise Me ' 'an, Ha n ck County, Idaho. Parcel 7-P66--rre Northwes 1/4 N t. est 1/4; Northeast 1/4 Northwest 1/4; Northwest /4 N at 1/4 f Section 14, Towashs_p 6 South, flange 35 last, B s� i 'san, Ban ock County, Idaho. Pa a 8 -Po eek Southw f_ /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 fp1lowin escribed property; arce of land located in the West 1/2 of the Southeast 1/4 of Sec i 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 Section 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 distance of 1,024.74 feet (the Sou;_heast corner of Scwtion 11 being found a BLM Arazs cap, Instru}cent no. 641.364); thence North 2070 D342 /7-5 A� 99°56'46" West a distance of 1,310.64 feet to the East 1/ 6 line of Section 11 and the true point of beginning; thence contin i g Nortt. 89°56'46" West a distance of 72.35 feet to the centerli e f the traveled way of Meadows Road; thence South 23°08'29^ p t lanq said centerline a distance of 100.09 feet to the point of cu at Of a 180.46 foot radius curve to the right having a cet_ral a e of 4201714411 the radius point of which bears Sou 66°'i1'3I" West; thence along said curve a d; stance of 11 .5 °eet to an intersection with the centerline of the North f k Pocatello Creek; thence South 51044152" East along said center' a distance Of 37.69 feet; thence soutn 7°24``9" East a distance of 1. thence leaving Pocatello Creek, South 89°56'46" 'as dx a feet; eeof 663.52 feet to the East 1/16 line of Secti n 0°03`14" East along the Gast 1116 line a dist- e o enCe Orth the point of beginning. feet to 1/2 of the Southeast 1/4 in East, Boise Meridian, Bann the following described Or A parcel of land located Of Section 5, Township Bannock County, Idaho an Cammencing at the Sou Pocatello Monument vau along a line between corner of Section 5, e occupying the position Of 50.04 feet; thence to the North right -of - beginning, said poi Southeast corner o rod; thence North ° o Acres /1 a distan e o Parallel to the No th of 874.64 fee th C# feet to the orth gh 09014'19" W s a n ti a distance 876. the Southeast 1/4 Boise Meridian, xibed as follows: l a c ne o ectiPn 5, a found City of tr GS49 t rice North 89043+16" East So th 1/ corner and the Southeast I d Ci o Pocatello Monument Vault now a ailroa S ke-Instri 628846 a distance 6 est a distance of 24.73 Feet li Chubbuck Road, the true point of 4Q a North 89°14114" East from the A es Subdivision -a found 3/4" steel " e t parallel to the East line of Lamar ;12.1 feet; thence North 89414'14" East 1t- f way line of Chubbuck Road a dist; -ca 0045146" East a distance of 312.78 ay line of; Chubbuck Raod; thence Sc.uth North right-of-way line of Chubbuck }:uad to the true point beginning. :07003 '2 OZ0 7. TOW�ISHXF 6 sou SECTION 91 SE4NM% SECTION CIOs SMA, SECTION Ill ASA, EXCEPTS .A PARCEL 0 TOYR49HIP; 6 SOUTH, R PARTICUrARLY DESCRI SAID SECTION 11, A SOUTH 0°04143" LAST D�SCliIPTTOAtj OF SEC BRING IOUNO A HLM R 89°56'4P WEST 1310 THE TRUE:.POINT OF e 752.35 FEET TO THE THEME SOUTH 23608' F6Y.WT OA CURVATURE A CENTRAL ANGLE OF 66051131," WEST; THE .INTHR89&ION WITH T C kkEK; ftRNCB SOUTH "ONCE 8011TH 7°24'2 CR&EK, 3011TH 89.56' $SCTXON ;I2; THENCE FAST TO .' JiE TRUE PO SECTION '142 11ANA, s SEC'T'ION 451 NhHE$, ri- to Z0700342 00717 A parcel of las S, T. 6S., a. more particula Commencing at Pocatello Manu East along a Southeast corne vault now oacup 927.11 ,feet; T Right cP Way 1: Thence North 0( West 170.00 fee North Right of East along the D to the TRUE poT] Acce: Together with an Of the above desa North 00445'46° feet; Thence p 000451415" 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 [Y11l 9YY ll�l. A-0700842 CHUBBUI UCI(H a PO Box 5604-290 E Linden Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us CONSENT TO ANNEXATION ANNEXATION CONSENT FORM June 2021 Form PAGE Y OF i The parties whose name(s) appear below, hereafter "Owner", covenant and warrant that they are the owner(s) of the property to which this document applies and as described below, and that they are fully authorized to execute this document and forever bind themselves, their successors and assigns, and the subject property to the terms set forth herein. "City" refers to the City of Chubbuck, Idaho. The terms herein are a covenant running with the land as a burden on the subject premises, commonly known as , and legally described as follows: This covenant shall pertain to the subject premises and shall deal only with the issue of future annexation of the subject premises into the City in compliance with Idaho Code 50-222(4)(a). The Owner or Owner's authorized agent covenants, warrants, and agrees that he/she consents to annexation into the City, which includes the above-described property. This consent will be binding upon owner and subsequent purchasers, heirs, or assigns. The Owner or Owner's authorized agent has had an opportunity to consult with legal counsel and signs this document without reservation or condition. No provision shall be construed in favor or against any person or entity. "TEPqhisti gyof STATE OF IDAHO ss County of Bannock 0 A�}� he and rsygned, a N tary Publi and for the above-named county and state, do hereby certify that on isV�`1ay of 1 7 2r�personally appeared before me wn to me to be the person described in and who executed the within instrument, and acknowledged tome that MkIi executed the same. Given under my hand and official seal the day nif last year above written, DENAE JONES 1, (seal) COMMISSION # 40990 NOTARY - STATE F IDAHO NOTARY PUSUC \ 1 STATE OF IDAHO Residing at: - 6 MY COMMISSION EXPIRES 10/0612029 Commission Expires: r ' 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 53201 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 ® Conditional Use Permit or CUP Amendment IN Variance ® Comprehensive Plan Map Amendment ® Annexation & Initial Zoning Request ® Planned Unit Development Designation or Amendment ® Preliminary Plat ® Creative Community Designation or Amendment ® Final Plat N Title Map Amendment (Rezone) to 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. 5 �s day of &' We Signature he unde signed, a otal� Public in and for the above-named county and state, do hereby certify that on is a of !� Y 2Q personally appeared before me .V known tome to be the person described in and SUBSCRIBED AND SWORE to me the day and year first w i en above. Given under my hand and official seal the day ands ,yLTr above written, f r (seal) DENAEJONES NOTARY T TE IDAHO COMMISSION # 40099 NOTARY PUBLIC Residing at: '4�fo ' - STATE OF IDAHO Commission Expires: MY COMMISSION EXPIRES 10/06/2029 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 a. Coordinate with Bannock County to strongly protect prime agricultural lands COMMENT This is infill property, not previously developed. 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. /944�c-\ CHUBBUCK 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 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 and sewer mains are already at the property fine. /944�c-\ CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us ATTACHMENT D: CITY BOUNDARY AND URBAN SERVICES BOUNDARY MAP pr(�' Subject Property © y © 1 W 1! � � a City Limits and USB Within city limits and within USB Outside city limits but within USB Outside city limits and outside USB CITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN IDENTIFIED LANDS AT OR NEAR 14330 W CHUBBUCK ROAD, AND 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, 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: PARCEL A: 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, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89016'04" 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 00045'14" 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 ORDINANCE - Page 1 ARMSTONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89023'56" 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 00042'56" 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 44030'39" E 6.29'; 2) S 59010'54" E 455.43'; 3) S 00033'57" E 118.94'; THENCE S 89016'04" W 392.22' TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.16 ACRES MORE OR LESS. C 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, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89016'04" 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 POINT BEING THE POINT OF BEGINNING; THENCE N 00005'38" 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 00045'14" 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" ORDINANCE - Page 2 FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89023'56" 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 00042'56" W 202.80' ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE N 89016'04" E 392.22' TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965; THENCE S 00033'57" 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 5; THENCE S 89016'04" W 957.45' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.94 ACRES MORE OR LESS. 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 following zoning classification: Parcel A shall be subject to the zoning classification of Parcel B shall be subject to the zoning classification of 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 ORDINANCE - Page 3 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of 12024. Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK ORDINANCE - Page 4 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 118.94'1 THENCE S 89°16'04" W 392.22' TO THE POINT OF BEGINNING ABOVE DESCRIPTION CONTAINS 2.16 ACRES MORE OR LESS. NO ,L LANA S N SFS �•A 0 V z QTF OF R�ON T. PP PRELIMINARY LEGAL DESCRIPTION FOR: ARMSTRONG INITIAL ZONING R-3 ARMSTRONG PROPERTYFIGURE INITIAL ZONING NO. LINDA ARMSTRONG CHI IRRI ICK_ InAHO SHEET INFORMATION KNUDSEN DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY FILE ZONING.DWG DECEMBER -2023 DESIGNER BRD PROJECT NO. 2023012 �� ENGINEERING 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°1604" 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 312.26' 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°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 LAAto s NSF� �•p 0 �o Qcl�F OF SOON T. PP PRELIMINARY LEGAL DESCRIPTION FOR: ARMSTRONG INITIAL ZONING R-4 ARMSTRONG PROPERTY FIGURE INITIAL ZONING NO. LINDA ARMSTRONG CHIIRRIICK II)AHC) SHEET INFORMATIONKN U DSEN r-1 DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER I BIRD I PROJECT NO. 12023012 1 FILEPATH ZONING.DWG ENGINEERING DECEMBER -2023 SHEET INFORMATION- DSEN '-3 DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER BIRD PROJECT NO. 2023012 FILEPATH ZONING.DWG <iiiiiiiiii ENGINEERING IDECEMBER-2023 S 44°30'39" E 6.29' SSO./o F� SS - 10 `o10 co R-3 ZONING `n 2.16 AC. 1 10 N N 89°1604" E 392.22' v O 0 cn 0 z o 0 00 N R-4 ZONING w 0 2.94 AC. v' O v O m O ol Ln No W S 89°23'56" W 140.18' N 10 S 89°14'01" W 170.10' M v Lo v 0 0 N 00°05'38" W 24.42' N 89°14'51" E 876.86' z 5 S 89°1604" W 957.45' 8 N 89°16'04" E 370.20' N 89°1604" E 49.99' \�Np,L LANA S G•A E N SFS O 1z,O QOF��P� N SOON T. PPS PRELIMINARY LEGAL DISPLAY FOR: ARMSTRONG INITIAL ZONING 0 200' 400' ARMSTRONG PROPERTY FIGURE INITIAL ZONING NO. SCALE:1"= 200' LINDAARMSTRONG CHUBBUCK. IDAHO .. SHEET INFORMATION- DSEN '-3 DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER BIRD PROJECT NO. 2023012 FILEPATH ZONING.DWG <iiiiiiiiii ENGINEERING IDECEMBER-2023 CHUBBUCK 1 0 n H 0 City of Chubbuck Council Meeting Minutes January 17, 2024 6:00 PM City Hall Council Chambers 290 East Linden, Chubbuck, ID 83202 CALL TO ORDER: Mayor England PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Reece COUNCIL PRESENT: Roger Hernandez, Norman Reece, Dan Heiner, and Melanie Evans. STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Ryan Lewis, Public Works Director Bridger Morrison, Community Services Director Devin Hillam, Planning Manager Don Matson, Development Services Manager Sean Harris, Police Chief Nick Sasser, Fire Chief Merlin Miller, Human Resource Director Scott Gummersall, and City Clerk Joey Bowers. APPROVAL OF MINUTES: January 3, 2024. Councilmember Reece motioned for approval of the Study Session and Council Meeting minutes. Councilmember Heiner seconded motion for approval of minutes. Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, Evans -yes, motion passed. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Chubbuck, Idaho, will hold a public hearing to accept and consider public testimony regarding proposed changes to chapters 17.24 and 17.28 pertaining to Police, Fire and Emergency Services, and Parks and Trails development impact fees and capital improvements plans, including proposed fee increases and decreases in all three impact fee categories. Fees were calculated in accordance with Idaho Code Title 67 Chapter 82. Community Services Director Devin Hillam gave a brief history and stated that the City of Chubbuck collects impact fees at the building permit stage for Police, Emergency Services, and Parks. Police and Emergency Services were established by Ordinance No. 783 and Parks via Ordinance No. 791 and 804. As required by the statute, each fee is associated with a capital improvements plan and as also required by the statute, impact fees collected are to be spent in-line with the needs of the current capital improvements plan. Mayor England declared the public hearing open for public comment. Resident Boyd Byrd, was In Favor. Mr. Byrd was in favor of the Police and Fire/Emergency Services, but was concerned about decreasing the Parks Impact fee. Due to no more public comment Mayor England closed the public hearing. GENERAL BUSINESS: Discussion and Possible Adoption of Ordinance 867 Police, Fire/Emergency Services, Parks Capital Plans and Impact Fees. (Council will discuss changes to city code 1724 and 17.28). Councilmember Reece motioned for the waiver of three readings, including the reading of one time in full for Ordinance 867. Councilmember Hernandez seconded motion for waiver. Roll Call: Reece -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed. Councilmember Heiner motioned for adoption of Ordinance 867 as presented. Councilmember Reece seconded motion for adoption. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Reece -yes, motion passed. 2. Approval of Seven Flat Subdivision Short Plat and the findings, facts and conclusions of law. (Council will discuss the application and if it meets City code). Adam Thayer from Dioptra represented the applicant. Mr. Thayer presented a single family residential lot. Development Services Manager Sean Harris stated that this application had been reviewed by City Staff and does appear to meet all the standards of Titles 16, 17 and 18 of City Code, as presented. City Staff recommended that the construction plans/drawings be approved by Development Services. Councilmember Hernandez motioned to approve Seven Flat Subdivision Final/Short Plat as presented, including the findings, facts and conclusions of law as presented by City Staff, and conditional upon construction plans/drawings be approved by Development Services. Councilmember Evans seconded motion for approval. Roll Call: Evans -yes, Hernandez -yes, Reece -yes, Heiner -yes, motion passed. 3. Discussion and Possible Adoption of Ordinance 868 for the Annexation of approx. 4.28 acres, located at 5328 Yellowstone Ave. into the General Commercial (C-2) zone. (Council will discuss the annexation of 4.28 acres into the City limits). Planning Manager Don Matson represented the City of Chubbuck and stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, as a category A annexation, and recommended approval. Councilmember Reece motioned for the waiver of three readings, including the reading of one time in full for Ordinance 868. Councilmember Heiner seconded motion for waiver. Roll Call: Reece -yes, Heiner -yes, Hernandez -yes, Evans -yes, motion passed. Councilmember Reece motioned for adoption of Ordinance 868 as presented. Councilmember Hernandez seconded motion for adoption. Roll Call: Heiner -yes, Hernandez -yes, Evans -yes, Reece -yes, motion passed. 4. Discussion and Possible Adoption of Ordinance XXX for the Annexation of approximately 5. 10 acres, located at 14330 W. Chubbuck Rd. 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. (Council will discuss the annexation of 5.10 acres into the City limits). Planning Manager Don Matson stated that this application had been reviewed by City Staff and appears to meet the comprehensive plan and the standards of Titles 16, 17 and 18 of City Code, and recommended approval with a zoning development agreement (ZDA). Brennen Dye from Knudsen Engineering represented the applicant. Mr. Dye presented 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. It was 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. This application qualified as an infill project. Mr. Dye also presented a concept layout which included 19 single family residential units which would border the surrounding neighborhoods, and 21 two story townhomes. Mr. Dye stated that these units would all be owner occupied and not rental units. Limited Residential (R -2P) as recommended by the Land Use and Development Commission would allow 46 two story townhomes, which would be denser than what the applicant proposed within the General Residential (R-3) and Dense Residential (R-4) zones. The applicant is also willing to sign a zoning development agreement (ZDA) as recommended by city staff. Community Services Director Devin Hillam recommended tabling this application until a zoning development agreement (ZDA) could be drafted and ready to be adopted with the annexation application. With consent from the applicant the Council decided to table a decision until a zoning development agreement (ZDA) could be drafted and ready to be adopted with the annexation application. Councilmember Heiner motioned to table a decision for the Annexation of approximately 5. 10 acres, located at 14330 W. Chubbuck Rd. until a zoning development agreement (ZDA) could be drafted and ready to be adopted with the annexation application. Councilmember Hernandez seconded motion for approval. Roll Call: Evans -yes, Reece -yes, Heiner -yes, Hernandez -yes, motion passed. 5. Approval of Items for Auction or Disposal. (Council will discuss City property for auction or disposal). Councilmember Hernandez motioned for approval of items for auction or disposal. Councilmember Heiner seconded motion for approval. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Reece -yes, motion passed. CLAIMS: 1. City of Chubbuck claims for January 17, 2024 as presented to Mayor England and Council. Councilmember Reece motioned to approve the City of Chubbuck Claims as presented. Councilmember Hernandez seconded motion for approval. Roll Call: Evans -yes, Hernandez -yes, Reece -yes, Heiner -yes, motion passed. ADJOURN: Mayor Kevin England adjourned at 6:32. eowers-City Cleric Kevin England- ayor