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
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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
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Attachment 5:
City Council
Meeting Minutes
January 17, 2024
March 6, 2024