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HomeMy WebLinkAboutItem #2 14330 W. Chubbuck Rd.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 DESCR IBED 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 89°16'04" E 1327.64') THENCE N 89°16'04" E 49.99' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761; THENCE N 00°05'38" W 24.42' ALONG WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION 7 TO THE SOUTHWEST CORNER OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 89°14'51" E 876.86' ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00°45'14" W 312.26' ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89°14'01" W 170.10' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342 TO THE NORTHWEST CORNER OF THE SAID "LEA ORDINANCE - Page 1 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 209.22’ 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 355.37’ 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°33'57" E 127.91’; THENCE S 89°16'04" W 292.20’; THENCE N 00°42’54” W 13.77: THENCE N 89°48’14” W 100.02’ TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.20 ACRES MORE OR LESS. PARCEL B: 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 89°16'04" E 1327.64') THENCE N 89°16'04" E 49.99' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761 POINT BEING THE POINT OF BEGINNING; 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 ORDINANCE - Page 2 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 209.22’ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE S 89°48’14” E 100.02’; THENCE S 00°42’54” E 13.77’; THENCE N 89°16'04" E 292.20’TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965; THENCE S 00°33'57" E 531.04’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 89°16'04" W 957.45' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.90 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 R-3(ZDA). Parcel B shall be subject to the zoning classification of R-4(ZDA). 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. ORDINANCE – Page 3 Section 5. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 6. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effect upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 2024 Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK ORDINANCE - Page 4 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 reco mmended 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 tec hnical 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. Developer is responsible for frontage improvements on Chubbuck Road from the eastern boundary line of the parcel to the eastern boundary line of Tax Parcel #R3853006308, which distance is approximately 80’, provided that the remainder of the road frontage that is unimproved is also dedicated to the City as right-of-way by plat or by deed. G. 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 Directo r, 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 obligat ions 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 ARMST R ONG 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 ___________________ , 2024, before me, the undersigned Notary Public, in and for said State, personally appeared _____________________________ , 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 COUNTERPART SIGNATURE PAGE CITY OF CHUBBUCK: By: Date: KEVIN B. ENGLAND, Mayor Attest: Date: JOEY BOWERS, City Clerk STATE OF IDAHO ) SS County of Bannock ) 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. NOTARY PUBLIC - STATE OF IDAHO (SEAL) My Commission Expires: ______________ ARMSTRONG TRUST ZDA Page 6 of 6 Community Services Department Planning Services Division 290 E Linden Ave, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us Memo To: Honorable Mayor and Chubbuck City Council From: Don Matson, Planning Services Manager Date: July 3, 2024 Re: Armstrong Trust Annexation and Zoning Development Agreement 14330 W Chubbuck Rd The potential annexation and initial zoning for 14330 W Chubbuck Rd, owned by the Lamar Armstrong Revocable Living Trust, was discussed by the City Council at regular meetings on January 17 and March 6, 2024. The item was presented with a recommendation for approval with a Zoning Development Agreement (ZDA). A ZDA includes not only zoning approval but a defined site plan that must be followed. The applicant expressed a willingness to enter into a ZDA with the City, which would place the property in R-3(ZDA) and R-4(ZDA) zones. Staff has been working with the Trust and with their representative, Knudsen Engineers, regarding details of the agreement and accompanying site plan. The draft Zoning Development Agreement includes the Council’s recommendation for a height limit of thirty-five feet (35’). Specific Zoning Restrictions. The agreement requires that the following restrictions are to be placed on the proposed development: A. In the R-3 zone area depicted on the map only single-family household dwelling structures (detached and attached), and residential accessory structures are allowed to be built on the Property. B. In the R-4 zone area depicted on the map only single-family household dwelling structures (detached and attached), and residential accessory structures 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. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 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. Staff recommends approval of the Zoning Development Agreement and Ordinance annexing the property and placing it into the R-3(ZDA) and R-4(ZDA) zones, with one condition. The site is still one parcel and as such cannot be placed into more than one zone, and the parcel cannot be platted until the ZDA is approved. Staff recommends the condition:  No development may occur on site until a plat has been approved with parcel lines that correspond to the zone boundaries in the ZDA and the accompanying ordinance. Attached: 1. Zoning Development Agreement a. Document for Approval and Signature b. Concept Plan c. Building Elevations and Floor Plans 2. Ordinance for Annexation and Initial Zoning a. Legal Description of Property for Annexation b. Legal Description of Property for Zoning 3. Updated Application Materials for Annexation 4. Updated Application Materials for Initial Zoning 5. City Council Meeting Minutes a. January 17, 2024 b. March 6, 2024 Attachment 1: Zoning Development Agreement 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. Developer is responsible for frontage improvements on Chubbuck Road from the eastern boundary line of the parcel to the eastern boundary line of Tax Parcel #R3853006308, which distance is approximately 80’, provided that the remainder of the road frontage that is unimproved is also dedicated to the City as right-of-way by plat or by deed. G. 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 ___________________ , 2024, before me, the undersigned Notary Public, in and for said State, personally appeared _____________________________ , 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 COUNTERPART SIGNATURE PAGE CITY OF CHUBBUCK: By: Date: KEVIN B. ENGLAND, Mayor Attest: Date: JOEY BOWERS, City Clerk STATE OF IDAHO ) SS County of Bannock ) 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. NOTARY PUBLIC - STATE OF IDAHO (SEAL) My Commission Expires: ______________ ARMSTRONG TRUST ZDA Page 6 of 6 98,962 S.F.83,550 S.F.86,025 S.F.72,550 S.F.62,549 S.F.52,549 S.F.42,549 S.F.32,548 S.F.106,401 S.F.22,548 S.F.191.12 AC.95,442 S.F.74,000 S.F.146,003 S.F.103,845 S.F.34,000 S.F.184,628 S.F.64,000 S.F.24,000 S.F.104,000 S.F.113,446 S.F.13,528 S.F.94,000 S.F.123,047 S.F.54,000 S.F.84,000 S.F.133,577 S.F.44,000 S.F.17,252 S.F.116,990 S.F.134,000 S.F.114,320 S.F.124,001 S.F.32,401 S.F.72,401 S.F.62,401 S.F.52,401 S.F.42,401 S.F.22,400 S.F.144,000 S.F.154,000 S.F.164,000 S.F.174,000 S.F.16,826 S.F.0SCALE: 1" =60'120'60'F-1ARMSTRONG PROPERTYLINDA ARMSTRONGCHUBBUCK, IDAHOR-3 & R-4 CONCEPT LAYOUTFIGURENO.DESIGNERDRAFTERBRDTLKSHEET INFORMATIONPROJECT NO.2023012DATEMARCH 2024REVIEWERTLKDRAWINGFILEPATHR-3 & R-4CONCEPT.DWGR-3 BREAKDOWNZONE AREA (AC.)2.13HOUSES14TOWNHOUSE UNITS5MINIMUM LOT DENSITY (S.F.)1685PROVIDED LOT DENSITY (S.F.)4883R-4 BREAKDOWNZONE AREA (AC.)2.44HOUSES5TOWNHOUSE UNITS16MINIMUM LOT DENSITY (S.F.)1067PROVIDED LOT DENSITY (S.F.)5061 R-3 ZONINGCHUBBUCK ROAD R-4 ZONINGENGINEERING19.1'40.0'27.0'19.0'19.0'15.0'15.2'10.0'13.1'100.0'ZONING LINE5.0'ZONING LINETRAUGHBERLANE20.0'19.0'BLOCK 1BLOCK 3BLOCK 2 Attachment 2: Ordinance for Annexation and Initial Zoning 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 89°16'04" E 1327.64') THENCE N 89°16'04" E 49.99' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761; THENCE N 00°05'38" W 24.42' ALONG WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION 7 TO THE SOUTHWEST CORNER OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 89°14'51" E 876.86' ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00°45'14" W 312.26' ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89°14'01" W 170.10' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342 TO THE NORTHWEST CORNER OF THE SAID "LEA ORDINANCE - Page 1 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 209.22’ 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 355.37’ 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°33'57" E 127.91’; THENCE S 89°16'04" W 292.20’; THENCE N 00°42’54” W 13.77: THENCE N 89°48’14” W 100.02’ TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.20 ACRES MORE OR LESS. PARCEL B: 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 89°16'04" E 1327.64') THENCE N 89°16'04" E 49.99' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761 POINT BEING THE POINT OF BEGINNING; 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 ORDINANCE - Page 2 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 209.22’ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE S 89°48’14” E 100.02’; THENCE S 00°42’54” E 13.77’; THENCE N 89°16'04" E 292.20’TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965; THENCE S 00°33'57" E 531.04’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 89°16'04" W 957.45' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.90 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 R-3(ZDA). Parcel B shall be subject to the zoning classification of R-4(ZDA). 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. ORDINANCE – Page 3 Section 5. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 6. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effect upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 2024 Kevin B. England, MAYOR ATTEST: Joey Bowers, CITY CLERK ORDINANCE - Page 4 Attachment 3: Updated Application Materials for Annexation 609 West Maple Street Pocatello, Idaho 83201 knudsen-eng.com December 6, 2023 City of Chubbuck – Development Services Division 290 East Linden Avenue Chubbuck, Idaho 83202 SUBJECT: Armstrong Property - Annexation Narrative 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 Tyson Lee Knudsen, PE Principal Engineer PH No: 208-417-0522 PN: 2021020 Doc: LA-ANNEXATION NARRATIVE.docx Page 1 of 7 02/27/2024 11:10 AM Page 2 of 7 02/27/2024 11:10 AM Page 3 of 7 02/27/2024 11:10 AM Page 4 of 7 02/27/2024 11:10 AM Page 5 of 7 02/27/2024 11:10 AM Page 6 of 7 02/27/2024 11:10 AM Page 7 of 7 02/27/2024 11:10 AM Attachment 4: Updated Application Materials for Initial Zoning 609 West Maple Street Pocatello, Idaho 83201 knudsen-eng.com December 6, 2023 City of Chubbuck – Development Services Division 290 East Linden Avenue Chubbuck, Idaho 83202 SUBJECT: Armstrong Property – Initial Zoning Narrative PURPOSE The intent of this narrative is to provide answers to the initial zoning application for the Armstrong property. INITIAL ZONING NARRATIVE 1. 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. 3. 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. 5. The proposed R-3 and R-4 zonings align with the Chubbuck Comprehensive Plan in several key aspects. Firstly, it is consistent with the designated land use for the area, which is medium density and mixed use. This aligns with the comprehensive plan's goal of promoting a mix of housing options and fostering a vibrant and diverse community. Secondly, the proposed R-3 and R-4 zonings directly contribute to the achievement of the comprehensive plan's objective of providing more affordable housing options. The higher density permitted under R-3 and R-4 zonings allows for the creation of a wider range of housing choices, including smaller, more affordable single family dwelling units as well as multi family units. The alignment of these two zonings with the comprehensive plan's long-term vision further underscores the suitability of the proposed R-3 and R-4 zonings. Sincerely, KNUDSEN ENGINEERING, LLC Tyson Lee Knudsen, PE Principal Engineer PH No: 208-417-0522 PN: 2021020 Doc: LA-INITIAL ZONING NARRATIVE.docx Page 1 of 7 02/27/2024 11:10 AM Page 2 of 7 02/27/2024 11:10 AM Page 3 of 7 02/27/2024 11:10 AM Page 4 of 7 02/27/2024 11:10 AM Page 5 of 7 02/27/2024 11:10 AM Page 6 of 7 02/27/2024 11:10 AM Page 7 of 7 02/27/2024 11:10 AM Attachment 5: City Council Meeting Minutes  January 17, 2024  March 6, 2024