HomeMy WebLinkAboutItem #1 14330 W. Chubbuck Rd.Zoning Development Agreement
This Agreement, dated this day of , 2024 by and between the City of
Chubbuck ("CHUBBUCK"), and the Lamar Armstrong Revocable Trust, and its heirs and
assigns, ("DEVELOPER"), the applicant of real property described herein.
RECITALS
A. Developer has applied for a Zoning Title Map Amendment requiring an associated development
agreement at approximately 14330 Chubbuck Road. The site is approximately 5.10 acres and upon
annexation, the City of Chubbuck, Bannock County, State of Idaho. Developer requested the zoning
designation be initially zoned as General Residential (R-3) and Dense Residential (R-4) and along with a
zoning development agreement that would limit the use of the property to 40 residential units (19 single
family detached homes and 21 attached townhouse units). The Legal description including the respective R-3
and R-4 designations is attached.
B. The City, pursuant to Chubbuck City Code Section 18.28.050.F and Idaho Code §67-6511A, has
the authority to conditionally rezone the property and enter into a development agreement with the
developer for the purpose of allowing, by agreement, a specific purpose, use, and design to proceed in a
specific area which is appropriate for the vicinity, but for which the requested zoning may not be consistent
with Idaho Code and Chubbuck City Code.
C. In accordance with Chubbuck City Code, the Land Use and Development Commission held a
public hearing to review the application and recommended denying the requested R-3 and R-4
zoning, but recommended the entire parcel be designated R -2P zoning. Subsequently, the City
Council reviewed the Commission's recommendation and the record and due to concerns about the
requested zoning, the Application was tabled by agreement of the Developer so that the Developer
and City could explore the possibility of a Zoning Development Agreement to address concerns.
Subsequently, The City Council reviewed the Application again, along with this proposed zoning
development agreement, and being satisfied they approved the Application for R-3 and R-4 zoning,
subject to the requirements of this Zoning Development Agreement for the property set forth on
the attached Legal Description which includes the respective R-3 and R-4 designations, for a zoning
title text amendment.
D. It is the intent and desire of the parties hereto that use of the property proceed with the zoning title
text amendment as provided herein, subject to the terms and conditions of this Agreement, and conditioned
upon the Developer's and the Property's compliance with this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the above recitals and the mutual consideration as reflected in the
covenants, duties, and obligations herein set forth, the sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. Description and Location of Property; Size of Property; Present Zoning. These R-4 and R-3
ZDA zones shall apply to the Property, subject to the requirements of this Zoning Development Agreement.
ARMSTRONG TRUST ZDA Page 1 of 6
2. Development Plans. The Property will be developed as conceptually illustrated on the plans
attached as "R-3 & R-4 CONCEPT LAYOUT". Minor changes to the Development Plans can be
approved through the plat approval process to accommodate technical design/engineering
needs. Significant changes to the Development Plans, as determined by the City's Community
Services Director, shall be approved by the Chubbuck City Council and documented in a
signed and recorded amendment to this Agreement.
3. Specific Zoning Restrictions on the Property. This agreement requires that the following
restrictions be placed on the proposed property:
A. In the R-3 zone as established herein by this agreement, only single-family household dwelling
structures (detached and attached), and residential accessory structures, complying with the City
Code, after construction of the primary residence on the lot, are allowed to be built on the Property.
B. In the R-4 zone as established by this agreement and in accordance with City Code 18.08.040, only
single-family household dwelling structures (detached and attached), and residential accessory
structures, complying with the City Code, after construction of the primary residence on the lot, are
allowed to be built on the property; however, single-family household dwellings in an R-4 zone will
require approval of conditional use permits unless built as attached or detached zero lot line
structures.
C. Structures built on lots bordering and abutting existing development to the North, the South, and the
West shall have a building height maximum that is the same as the maximum height restriction in the
R -2P zone.
D. All access and road and stormwater systems shall be privately -owned and maintained.
E. The private road is required to provide sidewalks on both sides of the road throughout
the development wherever dwellings are located. The private road approach is only
required to provide sidewalk on one side of the road. Open space lots will only be
required to provide sidewalks but may provide sidewalks to generate overall connectivity
of the sidewalks in the subdivision.
F. All other zoning and development requirements for the zoning districts, not herein
waived including setbacks, are required to be followed.
4. Construction on Property. Construction on the Property will be developed as conceptually
illustrated on the plans and in accordance with the concept plan attached as "R-3 & R-4 CONCEPT
LAYOUT". Construction plans are to be created and submitted for review during the Final Plat stage.
Minor changes to the concept plan can be approved by the Design Review Committee. Significant
changes to the concept plan, as determined by the City's Community Services Director, shall be
approved by the Chubbuck City Council and documented in a signed and recorded amendment to
this agreement.
5. Termination of Agreement. The terms of this Agreement shall run with the land and remain in
effect unless the property is rezoned to a different zone in accordance with requirements of Idaho Code and
Chubbuck City Code, or until such time that the City Council determined that this Agreement is no longer
needed to ensure compatibility with the vicinity and that the property can be zoned as a standard R-3 and R-
4 zones.
ARMSTRONG TRUST ZDA Page 2 of 6
6. Default. In the event the Developer, heirs or assigns or subsequent owners of the property or any
other person acquiring an interest in the property, fails to faithfully comply with all of the terms and
conditions included in this agreement, the City shall have all remedies allowed by law, upon the City's
compliance with Chubbuck City Code and Idaho Code §67-6509:
a. In the event that the Chubbuck City Council determined that this Agreement shall be modified,
the terms of the Agreement shall be amended, and the Developer shall comply with the amended terms.
Developer's failure to comply with the amended terms shall result in default; and
b. In the event the Chubbuck City Council, after compliance with the requirements of Chubbuck City
Code, determines that this Agreement shall be terminated as a result of the default, the zoning of
the property shall revert to Limited Residential (R -2P) as provided in Idaho Code §67-6511A. In such event,
all uses of the Property which are not consistent with the General Residential (R-3) and Dense Residential
(R-4) zoning or otherwise approved by the City of Chubbuck shall immediately cease; and
c. In the event of a default by the Developer, or its heir and/or assigns, the City shall have any
and all remedies available to it by law or equity. A waiver by the City of any default by the Developer of
any one or more of the covenants or conditions hereof shall apply solely to the default waived and shall
not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other
covenants and conditions.
7. Consent to Reversion of Zone. By entering into this Agreement, Developer does hereby
agree that in the event Developer defaults in the terms and conditions of this Agreement in connection
with the Property, Developer consents to any reversion of the zoning on the Property to Limited
Residential (R -2P).
8. Notices. Any and all notices required to be given by either of the parties hereto, shall be in
writing and deemed delivered upon personal service, if hand delivered, or when mailed in the United
States mail, certified, return receipt requested, addressed as follows:
Director, Community Services Department
City of Chubbuck
290 E. Linden Ave.
Chubbuck, ID 83202
To the Developer:
Lamar Armstrong Revocable Trust
8988 Chelan Avenue, Boise, ID 83714
Either party shall give notice to the other party of any change of their addresses for the purpose of this
section by giving written notice of such change to the other in the manner herein provided. Developer
expressly agrees to notify any successors and assigns of the need to provide the City with a current
address. In the event any success or assign fails to provide an address, City obligations or mailing shall
be deemed accomplished by use of the address on file with the County Tax Assessor.
ARMSTRONG TRUST ZDA Page 3 of 6
9. Attorney's Fees. Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction and pursuant to
Idaho Code 12-117 and the Court Rules. This provision shall survive any default, termination, or forfeiture of
this Agreement.
10. Time is of the Essence. The parties hereto acknowledge and agree that time is strictly of the
essence with respect to each and every term, condition and provision hereof, and that the failure to timely
perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement
by the party so failing to perform.
11. Binding Upon Successors; Agreement Runs with the Land. This Agreement shall be binding
upon and inure to the benefit of the parties' respective successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall run with the land and
is benefit and be binding on the Developer and all subsequent owners of the Property, who shall be considered
a "Developer" as used herein.
12. Requirement for Recordation. The Developer shall record this document, including all the
Exhibits, in conjunction with the formal adoption by the Chubbuck City Council, and immediately provide a
recorded copy to the City. Failure to comply with this Section shall be deemed a default of this Agreement by
the Developer.
13. Effective Date. This Agreement shall not be effective until this development agreement
has been approved by the City and has been recorded in the records of Bannock County, Idaho.
14. Entire Agreement. This Agreement is the entire agreement of the parties regarding the subject
matter hereto.
15. Recitals and Exhibits. The recitals herein and exhibits attached hereto are hereby incorporated by
reference.
16. Modification or Termination. This Agreement may only be modified and/or terminated as
follows: (a) by mutual agreement of Developer and the City; and/or (b) unilaterally by the City, so long as it
complies with Chubbuck City Code and Idaho state law. Any modification and/or termination shall be
recorded in the records of Bannock County, Idaho.
17. Authority. Developer represents and warrants to the City that the person signing this
Agreement has the authority to sign the Agreement on behalf of Developer. The Developer represents
and warrants to the City that the Developer is contracted for the purchase of the Property and that this
Agreement is binding and enforceable on the Property.
18. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be
deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions
contained herein.
ARMSTRONG TRUST ZDA Page 4 of 6
EXECUTED EFFECTIVE as of the Effective Date.
DEVELOPER: LAMAR ARMSTRONG REVOCABLE TRUST
Name: R. LaMar Armstrong
Address: 617 Poole Avenue
Pocatello, ID 83201
Phone: 208-251-1221
By: Date:
R. LaMar Armstrong, Trustee
STATE OF IDAHO )
:SS
County of Bannock )
On this day of
Public, in and for said State, personally appeared
2024, before me, the undersigned Notary
, known to me to be
the person whose name is subscribed to the within instrument and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first written above.
NOTARY PUBLIC - STATE OF IDAHO
(SEAL) My Commission Expires:
ARMSTRONG TRUST ZDA Page 5 of 6
CITY OF CHUBBUCK:
By:
KEVIN B. ENGLAND, Mayor
Attest:
JOEY BOWERS, City Clerk
STATE OF IDAHO )
SS
County of Bannock )
COUNTERPART SIGNATURE PAGE
Date:
Date:
On this day of , 2024, before me, the undersigned Notary
Public, in and for said State, personally appeared KEVIN B. ENGLAND, and JOEY BOWERS, known to me to
be the MAYOR and CITY CLERK, respectively, of the municipal corporation that executed the within
instrument, or the persons who executed the instrument on behalf of the municipal corporation, and
acknowledged to me that such municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and
year first written above.
(SEAL)
NOTARY PUBLIC - STATE OF IDAHO
My Commission Expires:
ARMSTRONG TRUST ZDA Page 6 of 6
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: 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:
SecjStandard
and Comment
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.
/641_4�e\
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
�L
CHUBBUCK
I a
PO Box 5004 — 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 2"d 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 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
B3.
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
01.
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
Chubbuck,ID 83202
CHUBBUCK 208.237.2430 —Fax 2.08.237.2409
www.CityofChubbuck.us
I G [ H
ANNEXATION
APPLICATION
.lune 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
PO Box 5604 — 290 E Linden ANNEXATION
144(�Vf,\— Chubbuck,ID 83202
208.237.2430 – Fax 208.237.2409 APPLICATION
CHUBBUCKwww.CityofChubbuck.us June 2021 Form
iaoiao PAGE 3OF3
SECTION F- CERTIFICATION
• 1, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the
best of my knowledge.
• 1 am aware that if this application is not complete, the review process will not continue until it is so deemed
by the City upon further submission of materials.
• 1 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. l certify that I will ensure that the signs remain where placed and will remain upright and
in t. 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.
c^ crura i F2. Printed Dame I F3, Date
Martin L. Armstrong, Co -Trustee I November 25, 2023
PO Sox 5604 — 290 E Linden ANNEXATION
Chubbuck,ID 83202
208.237.2430 — Fax 208.237.2409 APPLICATION
CHUBBUCK www.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.
• I am aware that if this application is not complete, the review process will not continue until it is so deemed
by the City upon further submission of materials.
• 1 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
Cil. COMPLETENESS REVIEW:
Reviewed by: Date: Deemed completes
11Yes E No If no, list concern(s):
Applicant Notified?
ElYes 7No Comments:
G2. SCHEDULED FOR LUDC:
Scheduled Meeting Date: Applicant Contacted?
❑ Yes 0 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
i
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°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
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�
O
�o
SOON T. PP
PRELIMINARY LEGAL
DESCRIPTION FOR:
ARMSTRONG ANNEXATION
ARMSTRONG PROPERTY FIGURE
ANNEXATION NO.
LINDA ARMSTRONG
CHIIRRIICK II)AHC)
SHEET INFORMATION , KNUDSEN r -
DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE
DESIGNER BIRD PROJECT NO. 2023012 1 FILEPATH ANNEX.DWG ENGINEERING DECEMBER -2023
IV U7 I UUV 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 INFORMATION ,KNUDSENI r
DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC &DISPLAY DATE
DESIGNER BIRD PROJECT NO. 2023012 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
CHUBBU1 1]CI(111 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
WAGE 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)(x).
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.
. h
kATEVJ is s ,�
y of �
STATE OF IDAHO
:ss
County of Bannock
W
the and rsigned, a N tary Publi and for the above-named county and state, do hereby certify that on
ist`��cay of 20�personally appeared before me
n r wn to me to be the person described in and who executed the within
instrument, and acknowledged to me that executed the same.
Given under my hand and official seal the day nib last year above written,
DENAE JONdwoES �-
{seal) 'COMMISSION # 40490 NOTARY - 5T TE F IDAHO
NOTARY PUBLIC �. +
STATE OF IDAHO Residing at: >
MY COMMISSION EXPIRES 10/0612029 Commission Expires:
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
[9 Variance
® Annexation & Initial Zoning Request
® Preliminary Plat
91 Final Plat
® Conditional Use Permit or CUP Amendment
® Comprehensive Plan Map Amendment
• Planned Unit Development Designation or Amendment
® Creative Community Designation or Amendment
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. l `�
�s day of ! 14 �� z
Signature
-the uncle signed, a Notary Public in and for the above-named county and state, do hereby certify that on
is �''Ua of I- personally appeared before me
r }' known to me to be the person described in and SUBSCRIBED AND
SWORE to me the day and yearfirst wi en above.
Given under my hand and official sea] the day andJa4,y2yr above written,
f r
(seal) DENAE JONES NOTARY T TE IDAHO
COMMISSION # 40090 f
NOTARY PUBLIC Residing at:
STATE OF IDAHO Commission Expires:
MY COMMISSION VXPIRES 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 line.
/944�c-\
CHUBBUCK
1 0 R H 0
290 E Linden Ave Chubbuck, ID 83202
Phone: 208.237.2430
www.CityofChubbuck.us
Fru `F
0
-1,1 MIUMF
IA
ATTACHMENT D:
CITY BOUNDARY AND
URBAN SERVICES BOUNDARY MAP
-.;41
Subject
Property
BMW
City Limits and USB
i Within city limits
and within USB
a <.
Outside city limits
but within USB
Outside city limits
and outside USB
�,■. !NMI
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°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; 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'f-
2)
.29';2) S 59°10'54" E 455.43;
3) S 00°3357" E 118.94 1 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 LAND S
N SFS �•A
0
V 0
-z-
clTF OFA
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 r_'
DRAFTER BRD I REVIEWER CTP I DRAWING LA - DESC & DISPLAY �� DATE
DESIGNER I BRD I PROJECT NO. 1 2023012 1 FILEPATH 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°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°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
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°16'04" 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�
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 INFORMATION, KNUDSEN r-1
DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE
DESIGNER BIRD PROJECT NO. 2023012 1 FILEPATH ZONING.DWG ENGINEERING DECEMBER -2023
5
A
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
I
0 200' 400'
i
SCALE: 1" = 200'
N 89°14'51" E 876.86'
S 89-16'04"W 957.45'
Ii
0
0
a
CA)
w
U, Uri
� v
O=
O rn
O 01,
Ul
p
10
A
N 89°16'04" E 370.20'
\�Np,L LANA S
E N SFO G,p
0
�
O�o
F ��P �
N
PRELIMINARY LEGAL DISPLAY FOR:
ARMSTRONG INITIAL ZONING
ARMSTRONG PROPERTYFIGURE
INITIAL ZONING NO.
LINDA ARMSTRONG
CHIIRRIICK II)AHC)
SHEET INFORMATION ,KNUDSENI '-3
DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC &DISPLAY DATE
DESIGNER BIRD PROJECT NO. 2023012 FILEPATH ZONING.DWG ENGINEERING IDECEMBER-2023
Sso./o,
F�
ss
01
�o
`o R-3 ZONING
co
`n
2.16 AC.
10
N
v
N 89°1604" E 392.22'
0
0
Z
o
00
N R-4 ZONING
N 2.94 AC.
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
I
0 200' 400'
i
SCALE: 1" = 200'
N 89°14'51" E 876.86'
S 89-16'04"W 957.45'
Ii
0
0
a
CA)
w
U, Uri
� v
O=
O rn
O 01,
Ul
p
10
A
N 89°16'04" E 370.20'
\�Np,L LANA S
E N SFO G,p
0
�
O�o
F ��P �
N
PRELIMINARY LEGAL DISPLAY FOR:
ARMSTRONG INITIAL ZONING
ARMSTRONG PROPERTYFIGURE
INITIAL ZONING NO.
LINDA ARMSTRONG
CHIIRRIICK II)AHC)
SHEET INFORMATION ,KNUDSENI '-3
DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC &DISPLAY DATE
DESIGNER BIRD PROJECT NO. 2023012 FILEPATH ZONING.DWG 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 Devin 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 Busmss:
1. Discussion and Possible Adoption of Ordinance 867 Police, Fire/Emergency Services,
Parks Capital Plans and Impact Fees.
(Council will discuss changes to city code 17.24 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.
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, Hemandez-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.
owers-City Cleric Kevin England= ayor
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: 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. At the
meeting, the Council will consider whether the proposal satisfies the approval
criteria in municipal code section 18.28.050.13. Type of Action: Decision.
ACTION: This is a quasi-judicial action. After reviewing the application materials, City
Code, and the Comprehensive Plan, staff found that the application satisfies the criteria
for residential zoning designations. Staff proposes approval of the Land Use and
Development Commission (LUCD) recommendation for Limited Residential P (R -2P)
zoning for the entire 5.1 acre site.
BACKGROUND: At a public hearing before the Land Use and Development Commission
(LUDC) on January 9, 2024 regarding the proposal, the applicant made a presentation
and City staff provided comments and recommended approval. Several members of the
public testified against the proposal. Public concerns included:
Harmony with single family homes surrounding the property vs. transition from
single family low density to single family medium density to higher residential
densities.
Height allowances in R-3 and R-4 relating to privacy for existing homes.
Access point close to Brookstone and traffic on Chubbuck Rd.
Following the hearing members of the LUDC discussed the application materials,
presentation, and public testimony, and recommended Council approve the Limited
Residential P (R -2P) zone for the entire property. Attached is the staff report to the
LUDC with additional information.
REQUEST: Review the attached staff report, exhibits, and draft minutes from the LUDC
public hearing on January 9, 2024 and determine the zoning district for the property
upon annexation:
1. Approve the LUDC recommended R -21D zone with the annexation;
2. Approve the applicant's request for R-3 and R-4 zones with the annexation; or
3. After considering the criteria for initial zoning, approve a different zone than
what was recommended by the LUDC, or what was requested by the applicant.
Staff recommends approval of R -2P zoning. Zoning will take affect via ordinance, with
the annexation action; the accompanying annexation packet includes a draft ordinance
with the LUDC recommendation for R -21D.
Council also may consider a Zoning Development Agreement for the property. A ZDA
requires a site plan and other details that must be followed at the site, or the zoning is
revoked. Final action on a ZDA would need to be postponed until the site plan and
various details are available.
REFERENCE MAP:
Staff Report to LUDC with Application and Other Exhibits. Minutes from LUDC meeting
on January 9, 2024 are not yet available.
n; 290 E Linden Avenue, Chubbuck, ID 83202
(�G[ Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1OBHa
CHUBBUCK
I o A H 0
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:
F-- �r
-
M2
n; 290 E Linden, Chubbuck, ID 83202
;,i(G[ Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1OBHa
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
/944'C-\
CHUBBUCK
1 0 R H 0
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
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.
CHUBBUCK
290 E Linden, Chubbuck, ID 83202
Phone 208.237.2430
www.CityofChubbuck.us
STANDARDS FOR APPROVAL: CITY CODE SECTION 18.28.050.8A
POLICY 1
The proposed map amendment would be in the community's best interest.
RESPONSE
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.
CHUBBUCK
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.
194�0t\
CHUBBUCK
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
27.2430 — Fax 20.237.2
CHUBBUCK 208 w3ww Cit ofChubbu ck.us 409
I M I N 9
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 12/1512021
A2.
Mailing Address 8938 CHELAN AVENUE
city BOISE state ID Zip Code 83714
A3.
Phone Number (including area code)
A4. Email 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
B2,
Mailing Address
017 Poole Avenue
city Pocatello State Idaho Zip Cade 83201
B3.
Phone Number (including area code)
134. Email Address
208-251-1221
SECTION C - SITE INFORMATION
Cl.
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 Uses) & 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
CHUBBUCK
1 0
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
Jg�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
.tune 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 L'UTIAL ZONING
Chubbuck,ID 83202
CHUBBUCK
208.237.2430 — Fax 208.237.2409 "PLICATION
www.CityofChubbuc'k.us June 2021 Form
1 0 I N a 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.
• 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
in their oriigirra 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.
Signatur F2. Printed Name F3. Hate
Martin L. Armstrong, Co -Trustee November 25, 2023
i
STOP: SECTION G -FOR STAFF USE ONLY
G1. COMPLETENESS REVIEW:
Reviewed by: oats: Deemed complete?
Yes No If no, fist concern(s):
Applicant notified?
Yes No Comments:
G2. SCHEDULED FOR LDDC:
Scheduled Meeting Date: Applicant Contacted?
Yes No
PO Box 5504-290 E. Linden INITIAL ZONING
Chubbuck,ID 83202
CHUBINEK208.237.2430 — Fax 208.237.2409 APPLICATION
www.CityofChubbuck.us June 2021 Form
I E I R I 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.
• 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.
• 1 hereby authorize the filing of this application and grant approval of on-site review of the development
described herein.
• 1 certify that I am authorized to file this application.
• Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by
-city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and
in their original condition until removed by city staff and that failure to do so may result in a delay in
process/hearing and may result in additional fees for rescheduled public hearings.
Fl. S�nature F2. Printed Name F3. Date
Ricky D Armstrong, Co -Trustee November 25, 2023
STOP: SECTION G -FOR STAFF USE ONLY
Gl. COMPLE7ENES, REVIDN-
Reviewed by: Ua ocemeci complete'
yep. iVo If no, list concern(s);
ltiophcant Notified?
yet No Comments.
02. SCHEDULLD FO,': LUDC:
Scheduleu Meetinc, Date;
` Apolitant Gw [}t2Ctew
Yes No
<_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
IN: 2021020
Doc: LA -INITIAL ZONING NARRATIVE.docx
_ CURRENT CITY OF
CHUBBUCK LIMITS
S 89°16104" W 957.45'
CHUBBUCK ROAD
SHEET INFORMATION
DRAFTER BIRD REVIEWER TLK DRAWING I LA -APPLICATION
DESIGNER BIRD PROJECT NO. 12023012 1 FILEPATH MAP.DWG
A
LEGEND
M EXISTING CITY LIMITS
EXISTING PARCEL LINES
EXISTING SECTION LINES
BOUNDARY OF
PROPOSED R-3 ZONING
BOUNDARY OF
PROPOSED R-4 ZONING
0 100' 200'
SCALE: 1 " = 100'
INITIAL ZONING MAP
ARMSTRONG PROPERTY
INITIAL ZONING
LINDA ARMSTRONG
CHUBBUCK, IDAHO
= KNUDSEN
ENGINEERING
FIGURE
NO.
F-2
DATE
DECEMBER -2023
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°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; 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'f-
2)
.29';2) S 59°10'54" E 455.43;
3) S 00°3357" E 118.94 1 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 LAND S
N SFS �•A
0
V 0
-z-
clTF OFA
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 r_'
DRAFTER BRD I REVIEWER CTP I DRAWING LA - DESC & DISPLAY �� DATE
DESIGNER I BRD I PROJECT NO. 1 2023012 1 FILEPATH 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°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°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
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°16'04" 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�
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 INFORMATION, KNUDSEN r-1
DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE
DESIGNER BIRD PROJECT NO. 2023012 1 FILEPATH ZONING.DWG ENGINEERING DECEMBER -2023
5
A
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
I
0 200' 400'
i
SCALE: 1" = 200'
N 89°14'51" E 876.86'
S 89-16'04"W 957.45'
Ii
0
0
a
CA)
w
U, Uri
� v
O=
O rn
O 01,
Ul
p
10
A
N 89°16'04" E 370.20'
\�Np,L LANA S
E N SFO G,p
0
�
O�o
F ��P �
N
PRELIMINARY LEGAL DISPLAY FOR:
ARMSTRONG INITIAL ZONING
ARMSTRONG PROPERTYFIGURE
INITIAL ZONING NO.
LINDA ARMSTRONG
CHIIRRIICK II)AHC)
SHEET INFORMATION ,KNUDSENI '-3
DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC &DISPLAY DATE
DESIGNER BIRD PROJECT NO. 2023012 FILEPATH ZONING.DWG ENGINEERING IDECEMBER-2023
Sso./o,
F�
ss
01
�o
`o R-3 ZONING
co
`n
2.16 AC.
10
N
v
N 89°1604" E 392.22'
0
0
Z
o
00
N R-4 ZONING
N 2.94 AC.
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
I
0 200' 400'
i
SCALE: 1" = 200'
N 89°14'51" E 876.86'
S 89-16'04"W 957.45'
Ii
0
0
a
CA)
w
U, Uri
� v
O=
O rn
O 01,
Ul
p
10
A
N 89°16'04" E 370.20'
\�Np,L LANA S
E N SFO G,p
0
�
O�o
F ��P �
N
PRELIMINARY LEGAL DISPLAY FOR:
ARMSTRONG INITIAL ZONING
ARMSTRONG PROPERTYFIGURE
INITIAL ZONING NO.
LINDA ARMSTRONG
CHIIRRIICK II)AHC)
SHEET INFORMATION ,KNUDSENI '-3
DRAFTER BIRD REVIEWER CTP DRAWING LA - DESC &DISPLAY DATE
DESIGNER BIRD PROJECT NO. 2023012 FILEPATH ZONING.DWG ENGINEERING IDECEMBER-2023
EXHIBIT 2A:
ZONING AND LAND USE
CURRENT ZONING MAP AND PROPOSED DESIGNATION
WSW _4
Chubbuck Zoning Districts
Ag ricu ture (A)
Single Family Residential (R-1)
Limited Residential (R-2)
Limited Residential - P (R -2P}
■ Dense Residential (R-4)
Limited Commercial (C-1)
General Commercial (C-2)
Industrial (1)
Planned Unit Development (PUD)
idCreative Community
Chubbuck Rd 0
EXHIBIT 2B
STANDARDS FOR REVIEWING A LAND USE DISTRICT DESIGNATION
State and City laws, as well as the City of Chubbuck Comprehensive Plan, guide the review of applications
for changes in land use districts/zoning. Specifically:
1. Idaho Code §67-65 Local Land Use Planning
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 in land 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
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 V mile of the project.
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 USB, 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
j4>
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
:ss
County of Bannock ]
Richard LaMar Armstrong 617 Poole Avenue
Name
Pocatello
City
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 �d Conditional Use Permit or CUP Amendment
® Variance
® Annexation & Initial Zoning Request
Preliminary Plat
1 Final Plat
W Comprehensive Plan Map Amendment
5d Planned Unit Development Designation or Amendment
0 Creative Community Designation or Amendment
M 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.
',VD thi ay of r 2I.
ure
he unders`gned, a Notary Public in and for the above-named county and state, do hereby certify that on
ip's da of ' 11
f 2(7 personally appeared before me
known tome to be the person described in and SUBSCRIBED AND
SWORE tome the day and year first writl4i above.
Given under my hand and official seal the day and last year above written,
(seal) DENAE JONES NOTARY PU; - STATE OF 1
COMMISSION # 40090 � J
NOTARY PUBLIC Residing at: C .
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
1 0 R H 0
dF Z �'%Par AMW_;ff Arl. 161i Aog� St
Public Notification
or search fo- a -he mac
I AGc;ress
q pi 1K U
Apply a search distance
310 Feet
Parcel Owner
�OF'Mat
81 addressees found: do you warvt to i
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
BIGELO , SAR4 A
1 4?c1 Nni C- H Ij BBI Iry Qn
CHUBBUCK, Iry I -D 832-m
duplicate
BLASER, ZACHARY SCOTT
4892 WILTSHIRE ST
CHUBBUCK, ID 83202
BRINGHURST, MATTHEW J
4856 BROOKSTONE ST
CHUBBUCK, ID 83202
BROOKSTONE TOWN HOUSE
ASSOCIATION
3539 BRIAR CREEK LN
AMMON, ID 83406
BROOKS -TONE TOWN HOUSE—
ASSOCIATION
-Rc-Ro nnLnn CnrIiv L N
AMMON,
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
Zan E LINDEN AVE
CHUBBUCK, LCv ID 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
EIDEMIL L co RALPH E
14368 gni CHUBBUCK RD
EHL I�UCK, ID 83202 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 POOL IE AVE-
POCATELLO, n ID 832015027
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 [mailto:rosemarieeidemill@isu.edu]
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 [mailto:refry24@gmail.com]
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 [mailto:zach.blaser@yahoo.com]
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)
n. OI 290 E Linden, Chubbuck, ID 83202
�L[ Phone 208.237.2430
CHUBBUCK www.CityofChubbuck.us
1 0 A H 0
19.0'
wAr
Im
3,224 S.F.
2
4,000 S.F. .'
3
4,000 S.F.:~:
1
4 5,521 S
000 S.F.
5
4,000 S.F.''.
6
X4,000 S.F.'-*
7
)0 S.F.
8ZS�.,F-. 4,0009
4,000 S.F.NIN
6 'q
8,915 S.F.
/11.3'
27.0
F.
0.0
14.5'
ADJUSTMENT TO ZONING BOUNDARY
R-4 ZONIN
11.7' 1-
5,560 S.F.
2
2,665 S.F.0
X3,1
2,675 S.F.
I
2,68_6 S.F.0
5 1
2,697 S.F.
6 1
2,707 S.F.0
197 1
2,718 S.F.
6,4499 S.F.
�1�
4,908 S.F.
k 2
-2,553 S.F.
' 3
2,553 S.F.
=; 4
2,552 S.F. ..... f
X2,55'52 S.F.
6
2,551 S.F.
2,551 S.F.
)KI9.0'
7�, 0 S.F.
10 4A
4,000 S.F.
11.3 i1217,116 15 1410
11 18 4,000 S.F. 4,000 S.F. 4,000 S.F. 4,000 S.F. 4,000 S.F. 4,001 S.F. 1 1 6,398 S.F.'
7,074 S.F. 4,668 S.F. 4,319S F.
r-� --L-- F- --I-� - 7
1
30,138 S.F.
7
SHEET INFORMATION
DRAFTER I BRD, JPD REVIEWER TLK I DRAWING I R-3 & R-4
DESIGNER I TLK PROJECT NO. 12023012 1 FILEPATH CONCEPT.DWG
5
R-3 BREAKDOWN
ZONE AREA (AC.)
2.13
HOUSES
14
TOWNHOUSE UNITS
5
MINIMUM LOT DENSITY (S.F.)
1685
PROVIDED LOT DENSITY (S.F.)
4883
R-4 BREAKDOWN
ZONE AREA (AC.)
2.44
HOUSES
5
TOWNHOUSE UNITS
16
MINIMUM LOT DENSITY (S.F.)
1067
PROVIDED LOT DENSITY (S.F.)
5061
I
I
0 60' 120'
SCALE: 1 " 60
R-3 & R-4 CONCEPT LAYOUT
ARMSTRONG PROPERTY
LINDA ARMSTRONG
CHUBBUCK, IDAHO
<=KNUDSEN
ENGINEERING
FIGURE
NO.
F-1
DATE
JANUARY 2024
u
m p
O
ZT
m m
� W
C7
v
CJ
A
0 N
m
T
Z
O m
O m O
N
3 N
�
T z
F D
Z
= G7
n�
OW
Z Q'
n�
rn
� A
I
0
0
o —
0O 41
T ,., o 0
o �O
\ o
0 00
cn
� / T v11V
C),�
00co
T
N O
O
CD V
O
O
CD
(l1
T
/ �r
/ O /
-
CDO
O O
T
CD
�i
CD
OW
cn
T
O a;
O � 4
VA
N
4� T
C)
Cn
•
D
•
Z
(>
z -n
O
Nm
°�
C
z
m
O
A
G
�
I
0
0
o —
0O 41
T ,., o 0
o �O
\ o
0 00
cn
� / T v11V
C),�
00co
T
N O
O
CD V
O
O
CD
(l1
T
/ �r
/ O /
-
CDO
O O
T
CD
�i
CD
OW
cn
T
O a;
O � 4
VA
N
4� T
C)
Cn
•
•
O
z
G
�
OF
CD
O
T O
CD
O N �
T5
w
T C/n w N �,
T Cl1 N � N
T
T
A �
O p
� - W
N N N N N Ni::.-,
? J V Ol D 0` �'000 oo 41 V � O� "N 0, � W (Pl�C!) C/) C/1 C/) CA C/) C/7T 4w" T ((VA" T !!!!!(!G T
0• ,
f
c O
N LP
T A
O V
C/O
T . ,
N-
u'Op NN N� CaW CaN:'_' �CO —M
T T T T T T T T
O
O
z
G
�
�
C
O
O
O
Z
O
0
0
=
z
m
m
O
m
Z
ZC
C
D
m
m
<
o
D
C
n
n
Z
D
T
T
m
n
C�C�
O
O
(T
A
Cb
0T
A
A
W
V
u'Op NN N� CaW CaN:'_' �CO —M
T T T T T T T T
O
I
w -
c
T
I
CHUBBUCK ROAD
O
Z
G
�
�
C
O
O
O
Z
O
0
0
=
z
m
m
O
m
Z
Z
C
D
N=
m
c
<
Q
D
C
n
n
Z
D
T
T
m
n
00
A
Cb
ODJ
W
CT
I
w -
c
T
I
CHUBBUCK ROAD