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HomeMy WebLinkAboutItem #01 14330 W. Chubbuck RdCITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN IDENTIFIED LANDS AT OR NEAR 14330 W CHUBBUCK ROAD, AND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO, TO BE INCLUDED WITHIN THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUCK, IDAHO AND WHICH ARE SPECIFICALLY SET FORTH BELOW; AND SPECIFYING THE ZONING CLASSIFICATION FOR THE NEWLY ANNEXED AREA; DIRECTING THE CHUBBUCK CITY CLERK TO RECORD THE ORDINANCE WITH BANNOCK COUNTY; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Annexation. The following described lands, located within Bannock County and contiguous to the existing boundaries of the City of Chubbuck, Idaho are hereby annexed and included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho: PARCEL A: LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89016'04" E 1327.64') THENCE N 89-16'04" E 49.99' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761; THENCE N 00°05'38" W 24.42' ALONG WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION 7 TO THE SOUTHWEST CORNER OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 89°14'51" E 876.86' ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00045'14" W 312.26' ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89°14'01" W 170.10' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342 TO THE NORTHWEST CORNER OF THE SAID "LEA ORDINANCE - Page 1 ARMSTONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89023'56" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342 TO THE SOUTHEAST CORNER OF BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE N 00°42'56" W 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 00042'56" 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 44030'39" E 6.29'; 2) S 59010'54" E 455.43'; 3) S 00033'57" E 127.91'; THENCE S 89016'04" W 292.20'; THENCE N 00042'54" W 13.77: THENCE N 89048'14" W 100.02' TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.20 ACRES MORE OR LESS. 17_M:Tamm"It LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89016'04" E 1327.64') THENCE N 89016'04" 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 89023'56" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342 TO THE SOUTHEAST CORNER OF BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE N 00042'56" W 209.22'ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE S 89048'14" E 100.02'; THENCE S 00042'54" E 13.77'; THENCE N 89016'04" E 292.20'TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965; THENCE S 00033'57" 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 89016'04" 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 12024 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 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 Public, in and for said State, personally appeared 2024, before me, the undersigned Notary , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. NOTARY PUBLIC - STATE OF IDAHO (SEAL) My Commission Expires: ARMSTRONG TRUST ZDA Page 5 of 6 CITY OF CHUBBUCK: By: KEVIN B. ENGLAND, Mayor Attest: JOEY BOWERS, City Clerk STATE OF IDAHO ) SS County of Bannock ) COUNTERPART SIGNATURE PAGE Date: Date: On this day of , 2024, before me, the undersigned Notary Public, in and for said State, personally appeared KEVIN B. ENGLAND, and JOEY BOWERS, known to me to be the MAYOR and CITY CLERK, respectively, of the municipal corporation that executed the within instrument, or the persons who executed the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year first written above. (SEAL) NOTARY PUBLIC - STATE OF IDAHO My Commission Expires: ARMSTRONG TRUST ZDA Page 6 of 6 CHUBBUCK IOAH0 Memo Community Services Department Planning Services Division 290 E Linden Ave, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 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. 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 194�0t\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 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. I1*4)gf_1�� 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. 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. S. 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. (SEAL) NOTARY PUBLIC - STATE OF IDAHO My Commission Expires: ARMSTRONG TRUST ZDA Page 5 of 6 CITY OF CHUBBUCK: By: Attest: KEVIN B. ENGLAND, Mayor JOEY BOWERS, City Clerk STATE OF IDAHO SS County of Bannock COUNTERPART SIGNATURE PAGE Date: Date: On this day of , 2024, before me, the undersigned Notary Public, in and for said State, personally appeared KEVIN B. ENGLAND, and JOEY BOWERS, known to me to be the MAYOR and CITY CLERK, respectively, of the municipal corporation that executed the within instrument, or the persons who executed the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year first written above. (SEAL) NOTARY PUBLIC - STATE OF IDAHO My Commission Expires: ARMSTRONG TRUST ZDA Page 6 of 6 2.13 HOUSES 14 TOWNHOUSE UNITS ZONING LINE MINIMUM LOT DENSITY (S.F.) 1685 PROVIDED LOT DENSITY (S.F.) 4883 R-4 ZONIN 3,528 S.F. j 1 2 6,826 S.F. 7,252 S.F. 4,000 S.F. 100.0' 3 27.0' ' : 2 2 4,000 S.F..' 13.1' 2,400 S.F. 2,548 S.F., 14 4 6,003 S.F. 3 J l 3 4,000 S.F. : .21401 S.F. 2,548 S.F. 10.0' ........... 4 4 19.0' S 13' 2,401 S. 2,549 S.F., 4,000 S.F.• 3,577 S.F. 15. 5 5 2,401 S.F. 2,549 S.F.,Y ,,,,f 6 .. X12 ........... 41000 S.F. %. .• ; .. 3,047 S.F. 6 6 2,549 S.F. 2,401 S.F." 7 3,446 S.F.BLOCK 2 7 4,000 S.F. S.F. 2,550 S.F., 10 o-.6 BLOCK .3 3,845 S.F.$' 40.0' 8 9 3,550 S.F. 4,000 S.F..n 8 8,962 S.F. 15.2' 6,025 S.F. 9 R-3 ZONIN 9 4,000 S.F.' '. 5,442 S.F. 10 4,000 S.F. BLOCK 1 17 16 4,000 S.F. 4,000 S.F. 15 14 13 4,000 S.F. 4,000 S.F. 4,000 S.F. 12 4,001 S.F. 18 10 1 1 4,628 S.F. 6,401 S.F. 6,990 S.F.11 o 4,320 S.F. l 19.1' 5.0' ZONING LINE SHEET INFORMATION DRAFTER I BIRD REVIEWER TLK I DRAWING I R-3 & R-4 DESIGNER I TLK PROJECT NO. 12023012 1 FILEPATH CONCEPT.DWG 0 i 19 1.12 AC. NNW TR4UGHBER 0 O u m j V I i R-3 BREAKDOWN ZONE AREA (AC.) 2.13 HOUSES 14 TOWNHOUSE UNITS 5 MINIMUM LOT DENSITY (S.F.) 1685 PROVIDED LOT DENSITY (S.F.) 4883 R-4 BREAKDOWN ZONE AREA (AC.) 2.44 HOUSES 5 TOWNHOUSE UNITS 16 MINIMUM LOT DENSITY (S.F.) 1067 PROVIDED LOT DENSITY (S.F.) 5061 I 0 60' 120' SCALE: 1" = 60' R-3 & R-4 CONCEPT LAYOUT FIGURE NO. F-1 DATE MARCH 2024 �•te 4 ' I 5 t � � r s on■ I I I I OPTIONAL I 'ATI C) I I �------------ --1 10 Ol'O ownerII /� I Suite I I L 1 0 0 1 16 x 14 [i� '-0"CEILING - - - - - - - - - - - J L D11 Br.2 10 6 x144 Loft 1 16 x 9 8 Br.3 10 6x 12 0 NO M-OOR 2 101N ■u�u KEAK EL,.-EVAT I ON 1 6 �0i loll41 1 I I lollIii LEFT 6 10 E E�EVA(ION E12IN& L -' 611? 1 NO 101N& 12 776 RIGNT 510E E[,AWAT I ON 8' Clg Entry Up Cowered Porch Pati 10'x5' Dining 9'x 1' 0 Living 11'x14' Garage 20'x 19'6" IR Bedroom 13'x" x 11' Bedroom 132" x 111411 bath 6'x 6* x 5'41-.�. 5144 Ii Dn Faulted Owners' Suite Wic 11'x 13' " slope Fx.„ Icig slope cig w WML ME" ,V: g �flq , -W .— "row 'I—Irr lilt dr Nv "lei son jam - -, --% WML ME" ,V: g �flq , -W .— "row 'I—Irr lilt dr Nv "lei I] L�JI � ri i 1 r i i a M r t '1 Din. � x � 9 FaI � 'I�..t — i d — " 13 15 1 + 4---Z3 - -\ Pantry rir ON 400mm- III rrwrr� 6e �. r r r rtry ■ r r ■ ■ ,N.fijjjjj..ti3 F S i l i f J S rii�l ar r#r rrlr rlr#. i i i i i i l i 2 Story Ceiling Gar. uPf - 10x 218 Covered Stoop Br.2 1010x 1'P Linen ■ iP �I =Ming pen t el ow ' M r Mbr.,i 12x 174 '" Ceiling -----3 6 r. 3 1010x 11, D gz� . F 4 '* pppp- ARWAP wx dpw REF Deck Dining 12-0 x 10-7 9,0 C LG F KitchenDW 12-0 x 14,2 9-0 CLG 30' 0", 2 Car Grarage 19-5 X 20-5 I ST FLOOR —I Family Room 17-2 X 17-0 9-OCLG ■ DN CTS. OPEN RAIL 2 Sty F Porch APCF. Mi FBedroom Bedroom 3 12-3x 1 1-0 1 1 1 1- 8,0 CLG t L Wl ---ILINE 9-1 X DN M cLG ,� I [[ =fin x - CLG 0 2ND FLOOR OPEN RA[L Master s9-pite 1 - 11 -0 CLQ _ TRAY CLOG -------- Below =fin x - CLG 0 2ND FLOOR 1� x { _ . r° y fi i•i4 fir..-:_� � .i. Ik r. Y Rr• Al- e IL L ti{ 5 qL r r � c ' j °kL 1� x { _ . r° y fi i•i4 fir..-:_� � .i. 001, 1-1� O7E0 21 nM REAR ELEVATION t lap FRONT ELEVATION RIGHT ELEVATION SCALE : 1s., 11=0. REAR ELEVATION SCALE.- 1151.- 11 -0 - LEFT ELEVATION SCALE , 1/8. m I B BEDROOM LEVEL PLAN t %AV- 1/4' `, -0UNIT 3-'1 i "Im"L ON END J.JNfTS NLY. KEIT LEGEND :INDICATES 2x6 WOOD FRAMED WALL czz= :INDICATES 2x4 WOOD FRAMED WALL WINDOW 'SYMBOL, SFE SHEET A-202 DOOR SYMBOL. EEE SHEET A-202. SEE SHEET A-202 FOR FINISH SCHEDULE_ NOTE: DIMENSIONS ARE TO FACE OF STUD, UNLESS NOTED OTHERWISE - —s: I I I .- . a I r JJ i I I KITCHEN � LIVING I, I' � I UN Irf m- 36' —3 7'—fJ" TALL. PONY IVALI~ TYP_ a i up i I I I III I V I 1 4 1 1 IIII I 1 1 1 1 I STEMS AS NEEDED TO u _41,' � WATCH' CML GPADE WECH 30FRT ON GARAGE AS REWIRED, NOTE;jiiir SOFFIT ADJACENT COMMON WALL TO HAVE 4' OF FLRE_ TREATED PLYWOOD. I GARAGE E a u, o I I I I J7' -O" 4' 7" 2u'-11" NOTE: C PLUMBER TO INSTALL A WiFi INDIVVDUAL — r WATER METER IN EACFf QNIT. LIVING LEVEL PLAN A1Crt2 SCAif: 1/ = 1'-0 UNIT -1 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 89016'04" E 1327.64') THENCE N 89016'04" E 49.99' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761; THENCE N 00°05'38" W 24.42' ALONG WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION 7 TO THE SOUTHWEST CORNER OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 89°14'51" E 876.86' ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00045'14" W 312.26' ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89°14'01" W 170.10' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342 TO THE NORTHWEST CORNER OF THE SAID "LEA ORDINANCE - Page 1 ARMSTONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 89023'56" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342 TO THE SOUTHEAST CORNER OF BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE N 00042'56" 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 00042'56" 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 44030'39" E 6.29'; 2) S 59010'54" E 455.43'; 3) S 00033'57" E 127.91'; THENCE S 89016'04" W 292.20'; THENCE N 00042'54" W 13.77: THENCE N 89048'14" W 100.02' TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.20 ACRES MORE OR LESS. PARCH, R - LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89016'04" E 1327.64') THENCE N 89016'04" 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 00045'14" W 312.26' ALONG THE EAST ORDINANCE - Page 2 BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL V FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 8994'01" 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 89023'56" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342 TO THE SOUTHEAST CORNER OF BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE N 00042'56" W 209.22'ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761; THENCE S 89048'14" E 100.02'; THENCE S 00042'54" E 13.77'; THENCE N 89016'04" E 292.20'TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965; THENCE S 00033'57" 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 89016'04" 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 LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUAR`fER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/1 6TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89 1604" E 1327.64') THENCE N 8916'04" 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 89014'51" E 876.86ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 0004514" W 312.26' ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL I" 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 ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 8902356" 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 564.59' ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761 TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION 1 FILED AS INSTRUMENT No. 20725965; THENCE ALONG THE WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965 FOR THE FOLLOWING THREE (3) COURSES: 1) S 44 =30'39" E 6.29; 2) S 59: 10'54" E 455.43'; 3) S 00-3357" E 658.94' TO THE SOUTH BOUNDARY LINE OF SAID SECTION 5; THENCE S 89 1604" W 957.45' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 5.10 ACRES MORE OR LESS LAND 18405 �o 0 OF 1�NT.V LEGAL DESCRIPTION FOR: I ARMSTRONG ANNEXATION ARMSTRONG PROPERTY FIGURE ANNEXATION NO. LINDA ARMSTRONG CHUBBUCK. IDAHO ■ SHEET INFORMATION KNUDSEN �w , DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER BRD I PROJECT NO. 12023012 1 FILEPATH ANNEX.DWG ENGINEERING FEBRUARY -2024 A A nn nn r I nni LEGAL DISPLAY FOR: I ARMSTRONG ANNEXATION ARMSTRONG PROPERTYFIGURE ANNEXATION NO. LINDA ARMSTRONG CHUBBUCK. IDAHO �. w SHEET INFORMATION <=KNUDSEN rA DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DDATE DESIGNER BIRDPROJECT NO. 2023012 ISPLAY FILEPATH ANNEX.DWG 1• ENGINEERING FEBRUARY -2024 LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16 TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89'1604" E 1327.64) THENCE N 89'1604" E 49.99 ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761; THENCE N 00"0538" 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 89'1451" E 876.86 ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00'4514" W 312.26ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE 5 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"2356" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCPTION 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 00'4256" 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 DIVISON 1 FILED AS INSTRUMENT No. 20725965; THENCE ALONG THE WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISON No. 1 FILED AS INSTRUMENT No. 20725965 FOR THE FOLLOWING THREE (3) COURSES: 1) S 44°3039" E 6.29; 2) S 59`1054" E 455.43'; 3) S 003357" E 127.91'; THENCE S 89 16'04" W 292.20; THENCE N 00A254" W 13.77; THENCE N 89"4814"W 100.02' TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.20 ACRES MORE OR LESS LAND •- "O LEGAL DESCRIPTION FOR: 18405 j° ARMSTRONG INITIAL N91,ziI -1K ZONING R-3 L1 Of \� i ARMSTRONG PROPERTY FIGURE INITIAL ZONING NO. LINDA ARMSTRONG CHUBBUCK. IDAHO lF so a SHEET INFORMATION � <�KNUDSENI DRAFTER BRD REVIEWER CTP DRAIMNG LA - DESC & DISPLAY DATE DESIGNER BRD I PROJECT NO. 2023012 1 FILEPATH ZONING.DWG ENGINEERING FEBRUARY -2024 LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16 TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89°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 00'0538" 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 EXCPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00-4514" 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 "LEAARMSTONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 8902356" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCPTION 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 4256" 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 0042'54" E 13.77'; THENCE N 89'16'04" E 292.20' TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISON No. 1 FILED AS INSTRUMENT No. 20725965; THENCE S 00"33'57" E 531.04ALONG THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISON 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 LND LEGAL DESCRIPTION FOR: ARMSTRONG INITIAL ZONING R-4 ARMSTRONG PROPERTYFIGURE INITIAL ZONING JNO. LINDA ARMSTRONG CHUBBUCK. IDAHO w SHEET INFORMATION� UDSE 117-ADRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER BIRD I PROJECT NO. 2023012 1 FILEPATH ZONING.DWG ENGINEERING FEBRUARY -2024 5 8 N 89 48'14 W 100.02 N 00 42'54'W 13.77 S 89,2356 W 140.18 J S89 14 01 7 W 170.10' N 00'0538' W 24.42' N 89°14'51" E 876,86' S 89016'04` W 957.45 N 89 1604' E 49.99' 0 200' 400' SCALE: 1" = 200' 189 1604" E 292.20' S 44 30'39" E 6.29' � 0 0 S 59.. %0Ln 2 90 AC. sy,� O m 9 SSir a 0, �^� Ln 10 Lo 0 `-'0 EN 'n c7 R-3 ZONING s 2 20 AC. o O Un � v Z �o N 89 48'14 W 100.02 N 00 42'54'W 13.77 S 89,2356 W 140.18 J S89 14 01 7 W 170.10' N 00'0538' W 24.42' N 89°14'51" E 876,86' S 89016'04` W 957.45 N 89 1604' E 49.99' 0 200' 400' SCALE: 1" = 200' 189 1604" E 292.20' ed~" Y ' T " 0 18405 70 c+ '� OF T. pP LEGAL DISPLAY FOR: ARMSTRONG INITIAL ZONING ARMSTRONG PROPERTYFIGURE INITIAL ZONING JNO. ti LINDA ARMSTRONG CHURBLICK. IC7AHO w SHEET INFORMATION ! KKUDS r-3 DRAFTER BRD REVIEWER "2023012 DRAWING LA - DESC & DISPLAY ` DATE DESIGNER BRD PROJECT NO. FILEPATH ZONING DWG ® ENGINEERING FEBRUARY -2024 0 0 R-4 ZONING 0 w 2 90 AC. U' W V r O m a 0, Ln N :0 0 r M s r .Q Un 0 0 0 Z N 89016'04" E 370.20 - r, SND . _ ed~" Y ' T " 0 18405 70 c+ '� OF T. pP LEGAL DISPLAY FOR: ARMSTRONG INITIAL ZONING ARMSTRONG PROPERTYFIGURE INITIAL ZONING JNO. ti LINDA ARMSTRONG CHURBLICK. IC7AHO w SHEET INFORMATION ! KKUDS r-3 DRAFTER BRD REVIEWER "2023012 DRAWING LA - DESC & DISPLAY ` DATE DESIGNER BRD PROJECT NO. FILEPATH ZONING DWG ® ENGINEERING FEBRUARY -2024 Attachment 3: Updated Application Materials for Annexation 290E Linden Avenue ANNEXATION �4 '�/"I�.TJ'; Chubbuck, ID 83202 CHUBBUCK 208.237.2430—Fax 208.237.2409 APPLICATION www.C4ofChubbuck.us Oct. 2022 Form I I I If a PAGE I OF 3 Complete applications which require review by the Land Use &Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —APPLICANT INFORMATION Al. Name LAMAR ARMSTRONG REVOCABLE TRUST A2. Mailing Address 8988 CHELAN AVENUE city BOISE state ID Zip Code 83714 A3. Phone Number (including area code) 208-631-6346 A4. Email Address Linda.K.Armstrong@wellsfargo.com A5. Is Applicant the Owner of Record? ❑� Yes ❑ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B—OWNER INFORMATION (IF DIFFERENT THAN PART A) B1. Name B2. Mailing Address City State Zip Code 133. Phone Number (including area code) 34. Email Address SECTION C— SITE INFORMATION C1. Site Address/Location City 14330 CHUBBUCK ROAD CHUBBUCK, Zip 83202 C2. Tax Parcel #(s) RPR3853006312 SECTION D—PLANNING INFORMATION D3. Gross Area +/- 5.10 ACRES D2. Comprehensive Plan Future Land Use Designation(s) MEDIUM DENSITY AND MIXED USE D3. Current/Existing Land Use(s) and Structure(s) MISCELLANEOUS LIVESTOCK BUILDINGS/ENCLOSURES D4. Proposed Land Use(s), if known: 290E Linden Avenue ANNEXATION Chubbuck,ID 83202 CHUBBUCK 208.237.2430—Fax 208.237.2409 APPLICATION B 4 www.CityofChubbuck.us Oct. 2022 Form I n o e o PAGE 2 OF 3 SECTION E—SUBMITTAL REQUIREMENTS El. Application Fees: $165 ($700 total - $535 zone change application) E2. Affidavit of Legal Interest: To be signed by the property owner(s) if the application will be represented by someone other than the property owner E3. Warranty deed(s) showing ownership for all properties included in annexation request E4. Stamped Legal Description: May be required to include adjacent right-of-way. Please consult with Staff before submitting. E5. Annexation Exhibit Map: Please submit an 11x17" stamped and signed exhibit map outlining the area being annexed. This map will be sent to the State Tax Commission immediately following the annexation approval. E6. Completed Annexation Consent Form signed by each property owner of record. E7. Explain how the annexation is in the best interest of the City. For example, when evaluating annexation requests, the City will evaluate such items like whether property taxes revenues will exceed long term costs associated with maintenance and serves, whether costs of bringing the property's infrastructure to city standards compared with anticipated tax revenues, or whether there are public health concerns. SEE NARRATIVE 290 E Linden Ave. ANNEXATION Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 APPLICATION CHUBBUCK www.CityofChubbuck.us Oct. 2022 Form 1111Ha PAGE 3OF3 SECTION F- CERTIFICATION • 1, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until itis so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that l am authorized to file this application. • Priorto the hearings, a public notice sign will be posted on the property in I or more locations as required by city and state law. 1 certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. Fl. Signature F2. Printed Name F3. Date R. LaMar Armstrong, Trustee March , 21024 STOP: SECTION G -FDR STAFF USE ONLY G1. COMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? 11Yes ❑ No If no, list concern(s): Applicant Notified? Yes F]No Comments: G2. SCHEDULED FOR LUDC: Scheduled Meeting Date: Applicant Contacted: ElYes 7 N o (_KNUDSEN December 6, 2023 City of Chubbuck — Development Services Division 290 East Linden Avenue Chubbuck, Idaho 83202 SUBJECT: Armstrong Property - Annexation Narrative 609 West Maple Street Pocatello, Idaho 83201 knudsen-eng.com PURPOSE The intent of this narrative is to provide answers to the annexation application for the Armstrong property. ANNEXATION NARRATIVE It is in the interest of the city to annex the property because the property is bordered by the city on three of its major property boundaries causing an infill situation. Annexing the property would cause the City's boundaries to be more continuous in the area. When it comes to servicing the property, public utilities are easily accessible within the Chubbuck Road right of way. Additionally, the future impact of the 5.10 acre development would have a minimal impact on the public utility systems. The annexation of the property is compliant with the City of Chubbuck Comprehensive Plan. As stated above, the property is in an infill situation which directly applies to Goal 1 and Objective 1.3. Goal 1 of the Comprehensive Plan is to "direct urban growth to urban infill areas", and Objective 1.3 is to "Make investment in infill and redevelopment more attractive than sprawl". By annexing the property both of the above parts of the Comprehensive Plan would be satisfied. As a result of annexing and later developing the property, Objective 2.1 would also be satisfied. Objective 2.1 is to "Improve the appearance of residential areas". Since the property is surrounded by residential properties, and the property is currently not being used for agricultural or other purposes, the property would be a significant improvement to the appearance of its surrounding residential areas. Sincerely, KNUDSEN ENGINEERING, LLC -�4A�J,- - Tys n Lee Knudsen, PE Principal Engineer PH No: 208-417-0522 PN: 2021020 Doc: LA -ANNEXATION NARRATIVE.docx AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) :ss County of Bannock ) LAMAR ARMSTRONG REVOCABLE TRUST 8988 CHELAN AVENUE Name City Address IDAHO Being first duly sworn upon State Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: KNUDSEN ENGINEERING 609 WEST MAPLE STREET Name Address POCATELLO, ID, 88201 To submit the following applications) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ® Administrative Variance g Conditional Use Permit or CUP Amendment CK Variance R Comprehensive Plan Map Amendment ® Annexation & Initial Zoning Request Q Planned Unit Development Designation or Amendment Preliminary Plat X Creative Community Designation or Amendment ] Final Plat ® Title Map Amendment (Rezone) to agree to indemnify, defend and hold the City of Chu bbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. DATED this day of March , 20 24 0 Trustee Signature R. LaMar Armstrong, Trustee I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this day of 20_. personally appeared before me 'known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . Given under my hand and official seal the day and last year above written, (seal) NOTARY PUBLIC - STATE OF IDAHO Residing at: Commission Expires: 7-1 20700342 WARRANTY DEED For Value Received, R. Lamar Armstrong, a/k/a Lamar Armstrong, a single man, hereinafter referred to as "Grantor," whether one or more, does hereby grant, bargain, sell and convey unto the Lamar Armstrong, Trustee, or the successor Trustee, of the Lamar Armstrong Revocable Living Trust, being a trust created under instrument dated 3 , 2007, hereinafter referred to as "Grantee," whether one or more, whose current address is 617 Poole, Pocatello, ID 83201, the following described premises, in Bannock County, Idaho, to wit: See Exhibit "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances and that Grantor will warrant and defend the same from all lawful claims whatsoever. DATED this day of Zf l , , 2007. Lamar Xnnstrong WARRANTY PEED • Page 1 arms W ng121806.deedhannocklrm Cx riCEl� F;i �3°tD i7Y` T OF FE 3 ASi SOCK COUNIT`t ICAh!O Page 1 of 7 02/27/2024 11:10 AM % 20 700 -342 STATE OF IDAHO ) :SS County of Bannock ) On this day of J iq4l - e/, , 2007, before me, the undersigned Notary Public, in and for said State, personally appcare R. Lamar Armstrong, a single person, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. WARRANTY DEED - Page 2 arms trc n g 121806.deed Bannock. frm X" r NOTARY PUBLIC - STATE O -IDAHO My Commission expires: Page 2 of 0 02/27/2024 11:10 AM `r ' 20700342 Exhibit "A" Grantor's undivided one-half interest in all lots in Brynwood Park Subdivision as well as Grantor's undivided one-half interest in all common areas in Brynwood Park Subdivision being a subdivision located in Section 5, Township 6 South, Range 34 EBM, Bannock County, Idaho All of Grantor's interest in the following described parcels in Bannock County, Idaho: 64 Exhibit A - Wayne to Lamar All of Tota 2, 2, 3, and h in l;Iock 1c5 of POCATELLO TOWNSITB, Bannock County, Idaho, according to the offi^lnl Plitt of 1:1113 survey of said lands returned to the General Land office by the surveyor General, excepting therefrom the following described land; Beginning at the southeast corner of hot 4 in Block 165 POCATELLO T0WNSiTE1 thence South 49°32' West along the South line of said Lot 4 a distance of 140.3[ Peet, which point being the Southwest corner of said Lot 4; thence North 40118' West along the West line of said Lot 4 a distance of 12.30 feet; thence North 49°320 East a distance of 13.25 feet; thence North 0°20' West a distance of 93.90 feet to the intersection with the Southerly right-of-way boundary of Oak street; thence North 89145' East along said boundary a distance of 66.20 feet to the intersection with the Westerly right-of-way boundary of North Tenth Avenue; thence South 40°16' East along said boundary a distance of 27.16 feat, more or less, to the point of beginning. Page 3 of 7 7-� Exhibit A - Lea to Lamar Parcel 1 -Canyon brine 95/11 JU J1.32 I,at 18 in Block 2 of WEST HIGHLAND SUBDIVISION, Bannock County, Idaho, as the same appears on the official plat thereof, tiled in the office of the County Recorder of Elannock County, Idaho. Parcel 2-Inkom West 112 Northeast 1/4; Northwest 114 of Section 16, Township 8 South, Range 36 East, Boise Meridian, Bannock County, Idaho, Parcel 3-McCammon A parcel of land located in Section 12, Township 9 South, Range 36 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows; Beginning at the point of intersection of the Easterly right of way of the Old Oregon Trail with theNorth 1/16 line of Section 12; thence North 89'57* East along said North 1/16 line a distance of 307.2 feet, more or less to an intersection with the westerly side of Front Street (produced) of Harkness Townsite; thence South 1901911 East along the Westerly side of Front street (proftceu) a distance of 368.6 feet more or less to the 14.orth line of First Street; thence along the North line of First Street, South 74°411 West a distance of 90 feet; thence North 19°19, West a distance of 200 feet; thence south 701411 West a distance of 200 feet, more or less to the Easterly right of way of the Old Oregon Trail; thence North 19'19' West along said right of way a distance 420 feet, more or less to the true point of beginning. Parcel 4-Poc. Creek Southeast 1/4 Southeast 1/4 of Section 9, Township 6 South, Range 35 East, Boise Meridian, Bannock County, Idaho, Parcel 5-Poc. Creek Southeast 1/4 Southeast 1/4; Southwest 1/4 Northwest 1/4; West 112 of the Southwest 1/4 of Section 10, Township 6 South, Range 35 East, Boise Meridian, Bannock Caanty, Idaho. Parcel 6-Poc. Creek North 1/2 of the Northaast 1/4; Southwest 1/4 Northeast 114; East 1/2 of the Northwest 1/4 of Section 15, Township 6 South, Range 35 East, Boise Meridian, Bannock County, Idaho. Parcel 7-Poc, Creek Northwest 1/4 Northwest 1/4; Northeast 1/4 Northwest 1/4; Northwest 1/4 Northeast 1/4 of Section 14, Townsh#.p 6 South, Range 35 East, Boise Meridian, Bannock County, Idaho. Parcel 8-pac. Creek Southwest 1/4 Southwest 1/4; East 1/2 of the southwest 1/4; and the West 1/2 of the Southeast 1/4, in Section 11, Township 6 South, Stange 35 East, Boise ;Meridian, Bannock County, Idaho, excepting the following described property; A parcel of land located in the West 1/2 of the Southeast 1/4 of Section 11, Township 6 South, Range 35 East, Boise Meridian, Bannock county, Idaho, and more particularly described as follows: Beginning at the East 1/4 corner of said Section 11, <1 found BLM Brass cap, Instrument No. 762809; thence South 000414311 East along the East line (basis of bearing for this description) of Section 11 a distance of 1,024.74 feet (the Sou, _heast corner of S4—Ition IL being found a Bi.M Brays cap, Instru3aent no. 641364); thence North 0700342 Page 4 of -7 02/27/2024 11:10 AM :070034;4: 99156146" West a distance of 1,310.64 feet to the East 1/16 line of Section 11 and the true point of beginning; thence continuing North 89°56146" West a distance of 72.35 feet to the centerline of the traveled Nay of Meadows .Road; thence South 23°08'29" East along said centerline a distance of 100.09 feet to the point of curvature Of a 180.96 foot radius curve to the right having a cei:ral ar,ryle of 42"17'44" the radius point of which bears South 66°-.1,91" Vest; thence along said curve a distance of 117.56 °eet to an inters"" ion With the centerline of the North fork of Pocatello Creek; thence South 51°441521, East along said centerline a distance of 37.69 feet; thence South 7°24129" East a distance of 81.36 feet; thence leaving Pocatello Crack, South 89156146" East a distance of 663.52 feet to the East 1/16 line of Section 11; thence North 0003'14" East along the East 1116 line a distance of 311.13 feet to the point of beginning. Parcel 9•-Chubbuck The West 1/2 of the Southeast 1/4 in Section 5, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Tdaho, excepting therefrom the following described property; A parcel of land located in the Southwest 114 of the Southeast 1/4 Of Secticn 5, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho and more particularly described as follows. Commencing at the South 1/4 corner of Section 5, a found city of Pocfltello Monument Vault-Tnstr,f 765488; thence North 89*4311611 East along a line between the said South 1/4 corner and the Southeast corner of section 5, a found City of Pocatello Monument Vault now Occupying the position of a Railroad Spike-fnstrO 628846 a distance Of 50.00 feet; thence North 6°20'wOrs West a distance of 24.73 feet to the North right-of-way line of Chubbuck Road, the true point of beginning, said point is 50.00 feet North 89°14114" East from the Southeast corner of Lamar Acres 11 Subdivision -a found 3/4" steel rod; thence North 0°20'30" West parallel to the East line of Lamar Acres ,fi a distance of 312.19 feet; thence North 89°14'14" East parallel to the North right-of-way line of Chubbuck Road a dist; -ce Of 874.64 feet; thence South 0145146" East a distance of 312.76 Peet to the North right-of-way line of Chubbuck Raod• thence S<.uth 89°14'14" West along the North right-of-way line of Chubbuck ):uad a distance of 876,89 feet to the true point beginning. Page 5 of 1 02/27/2024 11:10 AM 7 Y. 3 EXHIBIT A TOW ;1S}1IP 6 SOUTH, RANGE 35 S.R.M., BANNOCK COUNTY, IDAHO, SECTION 9t SANA SECTION .101 SFhSEh, SWkNWh, Whswh SECTION 11 t ASIA, EISA, SWkSWh BXCEFTt A PARCEL OF LAND LOCATED IN THE AM OL+ SECTION 11, 9d' RISHIP;6 BOUTS, RANGE 35 B.B.M.,BANNOCK COUNTY, IDAHO, AND MORE PARTICULARLX DESCRIBED AS FOLLOWSt BEGINNING AT THE Ek CORNER OF SAID SE£PION 11, A FOUND ALM BRASS CAP, INSTRUMNT NO. 7629091 THSNCE SOUTH 0004143" EAST ALONG THE EAST LINK (BASIS OF BEARING FOR THIS DgSCRIPT,ON) OF SECTION 11, 1024.74 FEET (THEE $E CORNER OF SECTION 11 B$ING FOUND A ELM BRASS CAP, INSTRUMENT NO. 641364); THENCE NORTH 09656146" WHST 1318.64 FEET TO THE BAST 1/16 LINE OF SECTION 11 AND THE TRUE,.80INT OF BEGINNING; THENCE CONTINUING NORTH 89°56146" WEST 752.35 FEET TO THE CENTERLINE OF THE TRAVELED WAY OF MHADOW8 ROAD; THENCE SOUTH 23°89'29" EAST ALONG SAID CBNTERLINR 180.49 FEET TO THE FOZNT 4FiCURVATURS OF A 188.96 FOOT RADIUS CURVE TO THE RIGHT RAVING A CENTRAL ANGLE OF 42°17444", THE RADIUS POINT OF WHICH BEARS SOUTH 66051131" WEST; THENCE ALONG SAID CURVE 117.56 F'EE'T TO AN xNTBR89&I0N WITH THE CENTERLINE OF THE NORTH FORK OF POCATELLO CAEEK) tif)RNCH SOUTH 51044,52" EAST ALONG SAID CENTHRLIN4 31.69 FEET; TBENCE SOUTH 7424'29" EAST 81.36 FEST; THENCE LEAVING POCATELLO CRjEX, SOUTH $9.56146" EAST 663.52 FEST TO THE BAST 1/16 LINE OF 88CTIOH 11; THENCE NORTH 0903114" EAST ALONG EAST 1/16 LINE 311.13 IEET TO .THE TRUE POINT OF BEGINNING. SECTION '14s IlWkNW4, NE1#NA, NANO SECTION 15s WE4, SWiNE3t, EhNA 0700342 Page 6 of 7 007%7 EXHIBIT "Au Legal Description Lea Armstrong house -Parcel f A parcel of land located S, in the southwest 1/4 Southeast 1/4 Section marea particularly u 345., Boise Meridian, Bannock County, Idaho. It is larly described as follows: Commencing at the. South 1/4 corner of Section 5, a found City of Pocatello Monument Vault-Inatr# 765498, Thence North 89143'16" East along a line between the said South 1/4 corner and the Southeast corner of Section 5, a found City of Pocatello Monument Vault now orcupying the position of a Railroad Spike-Inatr# 628846, 27.11 feet; Thence North 00145'46' West 32-.14 feet to the North Right of Way line of Chubbuck Road, the TRUE POINT OF BEGINNING; Ther Ce North oq*45'46,, West 312.1.8 feet; Thence South 89"14'14" West 170.00 feet; Thence South 00°45.461 East 312.18 feet to the North Right Of Way line of Chubbuck Road; Thence North 89'14'14' East along the North Right of Way line of Chubbuck Road 170.00 feet to the TRUE POINT OF BEGINNING, CONTAINS 1.22 ACRES Access Easement (Granted to parcel to west) Together with an access easement beginning at the Southwest corner Of the above described Parcel, the TRUE POINT OF BEGINNING; Thence North 00045146° West along the West line of described Parcel 6o.00 feet; Thence North 89-141141, East '25.00 feet; Thence South 00045'40 East 60.00 feet to theNortherly Right of Way line of Chubbuck Road; Thence South 89°14.14" West along said Right of Way line 25.00 feet to the Southwest corner of the above described Parcel and TRUE POINT OF BEGINNING. This legal description will appear pictorially on a record of survey drawing for Lea Armstrong to be filed.at the Bannock County Courthouse. DAVID KLATT, PROFESSIONAL LAND SDRVEYOR 416 South 4th Ave. Pocatello, Idaho 83201 208-232-8396 Page 7 of IP 02/27/2024 11:10 AM LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUAR`fER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/1 6TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89 1604" E 1327.64') THENCE N 8916'04" 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 89014'51" E 876.86ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCEPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 0004514" W 312.26' ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL I" 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 ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 8902356" 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 564.59' ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 8 OF BROOKSTONE ESTATES DIVISION 7 INSTRUMENT No. 21810761 TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION 1 FILED AS INSTRUMENT No. 20725965; THENCE ALONG THE WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISION No. 1 FILED AS INSTRUMENT No. 20725965 FOR THE FOLLOWING THREE (3) COURSES: 1) S 44 =30'39" E 6.29; 2) S 59: 10'54" E 455.43'; 3) S 00-3357" E 658.94' TO THE SOUTH BOUNDARY LINE OF SAID SECTION 5; THENCE S 89 1604" W 957.45' ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 5.10 ACRES MORE OR LESS LAND 18405 �o 0 OF 1�NT.V LEGAL DESCRIPTION FOR: I ARMSTRONG ANNEXATION ARMSTRONG PROPERTY FIGURE ANNEXATION NO. LINDA ARMSTRONG CHUBBUCK. IDAHO ■ SHEET INFORMATION KNUDSEN �w , DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER BRD I PROJECT NO. 12023012 1 FILEPATH ANNEX.DWG ENGINEERING FEBRUARY -2024 A A nn nn r I nni LEGAL DISPLAY FOR: I ARMSTRONG ANNEXATION ARMSTRONG PROPERTYFIGURE ANNEXATION NO. LINDA ARMSTRONG CHUBBUCK. IDAHO �. w SHEET INFORMATION <=KNUDSEN rA DRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DDATE DESIGNER BIRDPROJECT NO. 2023012 ISPLAY FILEPATH ANNEX.DWG 1• ENGINEERING FEBRUARY -2024 d CHUBBUCK loran PO Box 5604 — 290 E Linden Chubbuck,ID 83202 208.237.2430 -- Fax 208.237.2409 www.CityofChubbuck.us CONSENT TO ANNEXATION ANNEXATION CONSENT FORM June 2021 Form PAGE 1 OF 1 The parties whose name(s) appear below, hereafter "Owner", covenant and warrant that they are the owner(s) of the property to which this document applies and as described below, and that they are fully authorized to execute this document and forever bind themselves, their successors and assigns, and the subject property to the terms set forth herein. "City" refers to the City of Chubbuck, Idaho. The terms herein are a covenant running with the land as a burden on the subject premises, commonly known as and legally described as follows: This covenant shall pertain to the subject premises and shall deal only with the issue of future annexation of the subject premises into the City in compliance with Idaho Code 50-222(4)(a). The Owner or Owner's authorized agent covenants, warrants, and agrees that he/she consents to annexation into the City, which includes the above-described property. This consent will be binding upon owner and subsequent purchasers, heirs, or assigns. The Owner or Owner's authorized agent has had an opportunity to consult with legal counsel and signs this document without reservation or condition. No provision shall be construed in favor or against any person or entity. DATED this STATE OF IDAHO Countyof Bannock day of March 20 24 . :ss , Trustee Owner R. LaMar Armstrong, Trustee I, the undersigned, a NotaryPublic in and forthe above-named county and state, do hereby certify that on this day of 20___, personally appeared before me , known to me to be the person described in and who executed the within instrument, and acknowledged to me that executed the same. (seal) Given under my hand and official seal the day and last year above written, NOTARY PUBLIC - STATE OF IDAHO Residing at: Commission Expires: Attachment 4: Updated Application Materials for Initial Zoning 290 E Linden Avenue INITIAL ZONING Chubbuck,ID 83202 CHUBBUCK 208.237.2430 APPLICATION www.Cityofchubbuck.us February 2024 Form I a a H a PAGE10F4 Complete applications which require review by the Land Use &Development Commission must be submitted of least 28 days before the desired review meeting. The Commission meets regularly on the god Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desired date if missing information or materials are not submitted at least 28 days before the meeting date. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A APPLICANT INFORMATION Al. Name LAMAR ARMSTRONG REVOCABLE TRUST A2. Mailing Address 8988 Chelan Avenue City State Zip Code BOISE ID 83714 A3. Phone Number (including area code) A4. Email Address. 208-631-6346 Linda. K.Armstrong@wellsfargo.com As Is Applicentthe Owner of Record? Yes ❑ No SECTION B—OWNER INFORMATION (IF DIFFERENT THAN PART A) BS. Name B2. Mailing Address city state ID Zip Code 83714 B3. Phone Number (including area code) B4. Email Address SECTION C—SITE INFORMATION Cl. Site Address (or location A no address) City Zip C2. Tax Parcel k(s) 14330 CHUBBUCK ROAD CHUBBUCK 83202 RPR3853006312 SECTION D—PLANNING INFORMATION D1. Gross Area D2. Comprehensive Pian Future Land Use Designations) +/- 5.10 ACRES MEDIUM DENSITY AND MIXED USE D3, Current/Existing Land Use(s) & Structures D4. Current Zone(s) MISCELLANEOUS LIVESTOCK NOT CURRENTLY ANNEXED, FUTURE BUILDINGS/ENCLOSURES DESIGNATIONS: MEDIUM DENSITY AND MIXED USE DS. Proposed Zone(s) D6. Acreage for Each Proposed Zone: R-3 & R4 +/- 2.20 ac. (R-3) & +/- 2.90 ac. (R4) D7. Proposed Land Use(s), If known: 290 E Linden Avenue INITIAL ZONING Chubbuck, ID 83202 CHUBBUCK 208.237.2430 APPLICATION www.CityofChubbuck.us February 2024 Form Iaaaa PAGE 2OF4 SECTION E —SUBMITTAL REQUIREMENTS & DOCUMENTS El, Application Fees: $535 + $1.50/mailing (95 # of mailings) = $ 677.50 . A sign deposit fee of $100 is also required and will be refunded after the public hearing if the sign remains in good condition. E2. Affidavit of Legal Interest to be signed by the property owner(s). If the application will be represented by someone otherthan the property owner they must be identified on the affidavit. E3. Warranty deed(s) showing ownership for all properties included in initial zoning request E4. Legal Description and Map: Legal Description may be a Lot, Block, Subdivision, Division No., or attach a copy of the Meets & Bounds description when applicable. If the annexation is required to encompass some roadway or right-of-way as per the annexation, a different legal description may be required. E5. Map showing the proposed zone(s) (Note: if more than one zone is proposed, a complete legal description for each area is required and must follow parcel boundaries.) E6. Submit this application for Initial Zoning with a complete Annexation Application, E7. Provide legible responses to the following (use an additional sheet if necessary): 1. How do you believe that the proposed zoning is in the community's best interest? SEE NARRATIVE 2. How do you believe the list of uses permitted by Chubbuck Municipal Code section 18.08.040 for the requested zone blend with surrounding land uses? SEE NARRATIVE 290 E Linden Avenue INITIAL ZONING Chubbuck, ID 83202 CHUBBUCK 208.237.2430 APPLICATION www.CityofChubbuck.us February 2024 Form I a I H 0 PAGE30F4 3. How are the uses permitted in the proposed zone harmonious in terms of scale, mass, coverage, density, and intensity with adjacent land uses? SEE NARRATIVE 4. To your knowledge, is there anything that would prevent the site under the proposed zoning from being served by transportation routes, police, fire, EMS protection, water/sewer, schools, and other public agencies or facilities? SEE NARRATIVE 5. How do you believe the proposed zoning supported by the Chubbuck Comprehensive Plan? Please cite specific goals, objectives, and policies, including the future land use map, which relate to your proposal. SEE NARRATIVE 290 E Linden Avenue INITIAL ZONING /64 Chubbuck,ID 83202 CHUBBUCK 208.237.2430 APPLICATION www.CityofChubbuck.us February 2024 Form I a I N a PAGE 4OF4 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • I am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • I am aware that myself, staff, the Land Use and Development Commission, or City Council may request or require that a Zoning Development Agreement be used for the proposed map amendment and that the fee, if requested or required is $200. Information on Zoning Development Agreement is found in Chubbuck Municipal Code section 18.28.050.F. • [ hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. Fl. Signature F2. Printed Name F3. Date R. LaMar Armstrong, Trustee March , 2024 STOP: SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REV[EW: Reviewed by: Date: Deemed complete? ❑ Yes ❑ No if no, list concern(s): Applicant Notified? [❑ Yes ❑ No Comments: G2. SCHEDULED FOP, LUDO: Scheduled Meeting Date: Applicant Contacted? ❑ Yes ❑ No (_KNUDSEN December 6, 2023 City of Chubbuck — Development Services Division 290 East Linden Avenue Chubbuck, Idaho 83202 SUBJECT: Armstrong Property — Initial Zoning Narrative 609 West Maple Street Pocatello, Idaho 83201 knudsen-eng.com PURPOSE The intent of this narrative is to provide answers to the initial zoning application for the Armstrong property. INITIAL ZONING NARRATIVE The proposed zoning is in the community's best interest because it aligns with the city's comprehensive plan and goal of providing more affordable housing options by utilizing an empty infill property to create new residential units in an area already surrounded by development, thus minimizing the need for new infrastructure. This zoning of the property would help to provide the community with more housing opportunities as well as generate additional tax revenue for the City to invest in essential services such as schools, roads, and parks which would ultimately benefit the community in multiple ways. 2. The proposed R-3 and R-4 zoning for the northern portion and the southern portion of the property, respectively, would seamlessly integrate with the surrounding R-1 residential areas by permitting the construction of residential buildings that fill the existing gaps between existing neighborhoods. The R-3 zoning could provide the possibility of combining single family housing and multi family housing in the same property. This harmonious blend of residential uses would maintain the consistent character of the area while providing a higher concentration of dwelling units via a transition from R-3 to R-4. Additionally, the proximity to Chubbuck Road would offer residents convenient access to a major thoroughfare, enhancing the overall livability and connectivity of the community. The proposed R-3 and R-4 zoning would strike a harmonious balance with the adjacent R-1 residential areas by adhering to similar parameters in terms of scale, mass, coverage, density, and intensity. While the R-3 and R-4 zonings permit a higher density than the surrounding R-1 zoning, the relatively modest scale of the project ensures that it would not overwhelm the existing infrastructure or character of the neighborhood. This careful consideration of scale and density ensures that the proposed development would seamlessly integrate with the surrounding area, minimizing any potential negative impacts. 4. The site's convenient location adjacent to Chubbuck Road ensures that it would have adequate transportation capacity to support the proposed R-3 and R-4 zonings. Additionally, the existing infrastructure along Chubbuck Road would facilitate the extension of utilities to the property, City of Chubbuck — Development Services Division Pauline Flats - Preliminary Plat Narrative September 18, 2023 Page 2 ensuring that it would have access to essential services such as water, sewer, electricity, and natural gas. Furthermore, the proximity to existing police, fire, EMS stations, and schools guarantees that residents would have prompt access to these critical services. Overall, the site's characteristics and location make it well-suited for the proposed R-3 and R-4 zonings, and there are no foreseeable obstacles that would prevent the development from receiving the necessary public services and infrastructure. The proposed R-3 and R-4 zonings align with the Chubbuck Comprehensive Plan in several key aspects. Firstly, it is consistent with the designated land use for the area, which is medium density and mixed use. This aligns with the comprehensive plan's goal of promoting a mix of housing options and fostering a vibrant and diverse community. Secondly, the proposed R-3 and R-4 zonings directly contribute to the achievement of the comprehensive plan's objective of providing more affordable housing options. The higher density permitted under R-3 and R-4 zonings allows for the creation of a wider range of housing choices, including smaller, more affordable single family dwelling units as well as multi family units. The alignment of these two zonings with the comprehensive plan's long-term vision further underscores the suitability of the proposed R-3 and R-4 zonings. Sincerely, KNUDSEN ENGINEERING, LLC Tyson Lee Knudsen, PE Principal Engineer PH No: 208-417-0522 PN: 2021020 Doc: LA -INITIAL ZONING NARRATIVE.docx AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO } :ss County of Bannock ) LAMAR ARMSTRONG REVOCABLE TRUST 8988 CHELAN AVENUE Name City IDAHO State Add ress Being first duly sworn upon Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: KNUDSEN ENGINEERING Name 609 WEST MAPLE STREET Address POCATELLO, ID, 83201 To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ® Administrative Variance R Conditional Use Permit or CUP Amendment IN Variance ® Annexation & Initial Zoning Request Preliminary Plat Final Plat g Comprehensive Plan Map Amendment g Planned Unit Development Designation or Amendment ® Creative Community Designation or Amendment X Title Map Amendment (Rezone) to I agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. E DATED this day of March 20 24 , Trustee Signature R. LaMar Armstrong, Trustee I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this day of 20_, personally appeared before me , known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . (seal) Given under my hand and official seal the day and last year above written, NOTARY PUBLIC STATE OF IDAHO Residing at: Commission Expires: 7-1 20700342 WARRANTY DEED For Value Received, R. Lamar Armstrong, a/k/a Lamar Armstrong, a single man, hereinafter referred to as "Grantor," whether one or more, does hereby grant, bargain, sell and convey unto the Lamar Armstrong, Trustee, or the successor Trustee, of the Lamar Armstrong Revocable Living Trust, being a trust created under instrument dated 3 , 2007, hereinafter referred to as "Grantee," whether one or more, whose current address is 617 Poole, Pocatello, ID 83201, the following described premises, in Bannock County, Idaho, to wit: See Exhibit "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances and that Grantor will warrant and defend the same from all lawful claims whatsoever. DATED this day of Zf l , , 2007. Lamar Xnnstrong WARRANTY PEED • Page 1 arms W ng121806.deedhannocklrm Cx riCEl� F;i �3°tD i7Y` T OF FE 3 ASi SOCK COUNIT`t ICAh!O Page 1 of 7 02/27/2024 11:10 AM % 20 700 -342 STATE OF IDAHO ) :SS County of Bannock ) On this day of J iq4l - e/, , 2007, before me, the undersigned Notary Public, in and for said State, personally appcare R. Lamar Armstrong, a single person, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. WARRANTY DEED - Page 2 arms trc n g 121806.deed Bannock. frm X" r NOTARY PUBLIC - STATE O -IDAHO My Commission expires: Page 2 of 0 02/27/2024 11:10 AM `r ' 20700342 Exhibit "A" Grantor's undivided one-half interest in all lots in Brynwood Park Subdivision as well as Grantor's undivided one-half interest in all common areas in Brynwood Park Subdivision being a subdivision located in Section 5, Township 6 South, Range 34 EBM, Bannock County, Idaho All of Grantor's interest in the following described parcels in Bannock County, Idaho: 64 Exhibit A - Wayne to Lamar All of Tota 2, 2, 3, and h in l;Iock 1c5 of POCATELLO TOWNSITB, Bannock County, Idaho, according to the offi^lnl Plitt of 1:1113 survey of said lands returned to the General Land office by the surveyor General, excepting therefrom the following described land; Beginning at the southeast corner of hot 4 in Block 165 POCATELLO T0WNSiTE1 thence South 49°32' West along the South line of said Lot 4 a distance of 140.3[ Peet, which point being the Southwest corner of said Lot 4; thence North 40118' West along the West line of said Lot 4 a distance of 12.30 feet; thence North 49°320 East a distance of 13.25 feet; thence North 0°20' West a distance of 93.90 feet to the intersection with the Southerly right-of-way boundary of Oak street; thence North 89145' East along said boundary a distance of 66.20 feet to the intersection with the Westerly right-of-way boundary of North Tenth Avenue; thence South 40°16' East along said boundary a distance of 27.16 feat, more or less, to the point of beginning. Page 3 of 7 7-� Exhibit A - Lea to Lamar Parcel 1 -Canyon brine 95/11 JU J1.32 I,at 18 in Block 2 of WEST HIGHLAND SUBDIVISION, Bannock County, Idaho, as the same appears on the official plat thereof, tiled in the office of the County Recorder of Elannock County, Idaho. Parcel 2-Inkom West 112 Northeast 1/4; Northwest 114 of Section 16, Township 8 South, Range 36 East, Boise Meridian, Bannock County, Idaho, Parcel 3-McCammon A parcel of land located in Section 12, Township 9 South, Range 36 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows; Beginning at the point of intersection of the Easterly right of way of the Old Oregon Trail with theNorth 1/16 line of Section 12; thence North 89'57* East along said North 1/16 line a distance of 307.2 feet, more or less to an intersection with the westerly side of Front Street (produced) of Harkness Townsite; thence South 1901911 East along the Westerly side of Front street (proftceu) a distance of 368.6 feet more or less to the 14.orth line of First Street; thence along the North line of First Street, South 74°411 West a distance of 90 feet; thence North 19°19, West a distance of 200 feet; thence south 701411 West a distance of 200 feet, more or less to the Easterly right of way of the Old Oregon Trail; thence North 19'19' West along said right of way a distance 420 feet, more or less to the true point of beginning. Parcel 4-Poc. Creek Southeast 1/4 Southeast 1/4 of Section 9, Township 6 South, Range 35 East, Boise Meridian, Bannock County, Idaho, Parcel 5-Poc. Creek Southeast 1/4 Southeast 1/4; Southwest 1/4 Northwest 1/4; West 112 of the Southwest 1/4 of Section 10, Township 6 South, Range 35 East, Boise Meridian, Bannock Caanty, Idaho. Parcel 6-Poc. Creek North 1/2 of the Northaast 1/4; Southwest 1/4 Northeast 114; East 1/2 of the Northwest 1/4 of Section 15, Township 6 South, Range 35 East, Boise Meridian, Bannock County, Idaho. Parcel 7-Poc, Creek Northwest 1/4 Northwest 1/4; Northeast 1/4 Northwest 1/4; Northwest 1/4 Northeast 1/4 of Section 14, Townsh#.p 6 South, Range 35 East, Boise Meridian, Bannock County, Idaho. Parcel 8-pac. Creek Southwest 1/4 Southwest 1/4; East 1/2 of the southwest 1/4; and the West 1/2 of the Southeast 1/4, in Section 11, Township 6 South, Stange 35 East, Boise ;Meridian, Bannock County, Idaho, excepting the following described property; A parcel of land located in the West 1/2 of the Southeast 1/4 of Section 11, Township 6 South, Range 35 East, Boise Meridian, Bannock county, Idaho, and more particularly described as follows: Beginning at the East 1/4 corner of said Section 11, <1 found BLM Brass cap, Instrument No. 762809; thence South 000414311 East along the East line (basis of bearing for this description) of Section 11 a distance of 1,024.74 feet (the Sou, _heast corner of S4—Ition IL being found a Bi.M Brays cap, Instru3aent no. 641364); thence North 0700342 Page 4 of -7 02/27/2024 11:10 AM :070034;4: 99156146" West a distance of 1,310.64 feet to the East 1/16 line of Section 11 and the true point of beginning; thence continuing North 89°56146" West a distance of 72.35 feet to the centerline of the traveled Nay of Meadows .Road; thence South 23°08'29" East along said centerline a distance of 100.09 feet to the point of curvature Of a 180.96 foot radius curve to the right having a cei:ral ar,ryle of 42"17'44" the radius point of which bears South 66°-.1,91" Vest; thence along said curve a distance of 117.56 °eet to an inters"" ion With the centerline of the North fork of Pocatello Creek; thence South 51°441521, East along said centerline a distance of 37.69 feet; thence South 7°24129" East a distance of 81.36 feet; thence leaving Pocatello Crack, South 89156146" East a distance of 663.52 feet to the East 1/16 line of Section 11; thence North 0003'14" East along the East 1116 line a distance of 311.13 feet to the point of beginning. Parcel 9•-Chubbuck The West 1/2 of the Southeast 1/4 in Section 5, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Tdaho, excepting therefrom the following described property; A parcel of land located in the Southwest 114 of the Southeast 1/4 Of Secticn 5, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho and more particularly described as follows. Commencing at the South 1/4 corner of Section 5, a found city of Pocfltello Monument Vault-Tnstr,f 765488; thence North 89*4311611 East along a line between the said South 1/4 corner and the Southeast corner of section 5, a found City of Pocatello Monument Vault now Occupying the position of a Railroad Spike-fnstrO 628846 a distance Of 50.00 feet; thence North 6°20'wOrs West a distance of 24.73 feet to the North right-of-way line of Chubbuck Road, the true point of beginning, said point is 50.00 feet North 89°14114" East from the Southeast corner of Lamar Acres 11 Subdivision -a found 3/4" steel rod; thence North 0°20'30" West parallel to the East line of Lamar Acres ,fi a distance of 312.19 feet; thence North 89°14'14" East parallel to the North right-of-way line of Chubbuck Road a dist; -ce Of 874.64 feet; thence South 0145146" East a distance of 312.76 Peet to the North right-of-way line of Chubbuck Raod• thence S<.uth 89°14'14" West along the North right-of-way line of Chubbuck ):uad a distance of 876,89 feet to the true point beginning. Page 5 of 1 02/27/2024 11:10 AM 7 Y. 3 EXHIBIT A TOW ;1S}1IP 6 SOUTH, RANGE 35 S.R.M., BANNOCK COUNTY, IDAHO, SECTION 9t SANA SECTION .101 SFhSEh, SWkNWh, Whswh SECTION 11 t ASIA, EISA, SWkSWh BXCEFTt A PARCEL OF LAND LOCATED IN THE AM OL+ SECTION 11, 9d' RISHIP;6 BOUTS, RANGE 35 B.B.M.,BANNOCK COUNTY, IDAHO, AND MORE PARTICULARLX DESCRIBED AS FOLLOWSt BEGINNING AT THE Ek CORNER OF SAID SE£PION 11, A FOUND ALM BRASS CAP, INSTRUMNT NO. 7629091 THSNCE SOUTH 0004143" EAST ALONG THE EAST LINK (BASIS OF BEARING FOR THIS DgSCRIPT,ON) OF SECTION 11, 1024.74 FEET (THEE $E CORNER OF SECTION 11 B$ING FOUND A ELM BRASS CAP, INSTRUMENT NO. 641364); THENCE NORTH 09656146" WHST 1318.64 FEET TO THE BAST 1/16 LINE OF SECTION 11 AND THE TRUE,.80INT OF BEGINNING; THENCE CONTINUING NORTH 89°56146" WEST 752.35 FEET TO THE CENTERLINE OF THE TRAVELED WAY OF MHADOW8 ROAD; THENCE SOUTH 23°89'29" EAST ALONG SAID CBNTERLINR 180.49 FEET TO THE FOZNT 4FiCURVATURS OF A 188.96 FOOT RADIUS CURVE TO THE RIGHT RAVING A CENTRAL ANGLE OF 42°17444", THE RADIUS POINT OF WHICH BEARS SOUTH 66051131" WEST; THENCE ALONG SAID CURVE 117.56 F'EE'T TO AN xNTBR89&I0N WITH THE CENTERLINE OF THE NORTH FORK OF POCATELLO CAEEK) tif)RNCH SOUTH 51044,52" EAST ALONG SAID CENTHRLIN4 31.69 FEET; TBENCE SOUTH 7424'29" EAST 81.36 FEST; THENCE LEAVING POCATELLO CRjEX, SOUTH $9.56146" EAST 663.52 FEST TO THE BAST 1/16 LINE OF 88CTIOH 11; THENCE NORTH 0903114" EAST ALONG EAST 1/16 LINE 311.13 IEET TO .THE TRUE POINT OF BEGINNING. SECTION '14s IlWkNW4, NE1#NA, NANO SECTION 15s WE4, SWiNE3t, EhNA 0700342 Page 6 of 7 007%7 EXHIBIT "Au Legal Description Lea Armstrong house -Parcel f A parcel of land located S, in the southwest 1/4 Southeast 1/4 Section marea particularly u 345., Boise Meridian, Bannock County, Idaho. It is larly described as follows: Commencing at the. South 1/4 corner of Section 5, a found City of Pocatello Monument Vault-Inatr# 765498, Thence North 89143'16" East along a line between the said South 1/4 corner and the Southeast corner of Section 5, a found City of Pocatello Monument Vault now orcupying the position of a Railroad Spike-Inatr# 628846, 27.11 feet; Thence North 00145'46' West 32-.14 feet to the North Right of Way line of Chubbuck Road, the TRUE POINT OF BEGINNING; Ther Ce North oq*45'46,, West 312.1.8 feet; Thence South 89"14'14" West 170.00 feet; Thence South 00°45.461 East 312.18 feet to the North Right Of Way line of Chubbuck Road; Thence North 89'14'14' East along the North Right of Way line of Chubbuck Road 170.00 feet to the TRUE POINT OF BEGINNING, CONTAINS 1.22 ACRES Access Easement (Granted to parcel to west) Together with an access easement beginning at the Southwest corner Of the above described Parcel, the TRUE POINT OF BEGINNING; Thence North 00045146° West along the West line of described Parcel 6o.00 feet; Thence North 89-141141, East '25.00 feet; Thence South 00045'40 East 60.00 feet to theNortherly Right of Way line of Chubbuck Road; Thence South 89°14.14" West along said Right of Way line 25.00 feet to the Southwest corner of the above described Parcel and TRUE POINT OF BEGINNING. This legal description will appear pictorially on a record of survey drawing for Lea Armstrong to be filed.at the Bannock County Courthouse. DAVID KLATT, PROFESSIONAL LAND SDRVEYOR 416 South 4th Ave. Pocatello, Idaho 83201 208-232-8396 Page 7 of IP 02/27/2024 11:10 AM LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16 TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89'1604" E 1327.64) THENCE N 89'1604" E 49.99 ALONG THE SOUTH BOUNDARY LINE OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF BROOKSTONE ESTATES DIVISION 7 FILED AS INSTRUMENT No. 21810761; THENCE N 00"0538" 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 89'1451" E 876.86 ALONG THE SOUTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00'4514" W 312.26ALONG THE EAST BOUNDARY LINE OF THE LANDS DESCRIBED AS THE "LEA ARMSTRONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE 5 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"2356" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCPTION 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 00'4256" 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 DIVISON 1 FILED AS INSTRUMENT No. 20725965; THENCE ALONG THE WEST BOUNDARY LINE OF SAID BROOKSTONE ESTATES DIVISON No. 1 FILED AS INSTRUMENT No. 20725965 FOR THE FOLLOWING THREE (3) COURSES: 1) S 44°3039" E 6.29; 2) S 59`1054" E 455.43'; 3) S 003357" E 127.91'; THENCE S 89 16'04" W 292.20; THENCE N 00A254" W 13.77; THENCE N 89"4814"W 100.02' TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 2.20 ACRES MORE OR LESS LAND •- "O LEGAL DESCRIPTION FOR: 18405 j° ARMSTRONG INITIAL N91,ziI -1K ZONING R-3 L1 Of \� i ARMSTRONG PROPERTY FIGURE INITIAL ZONING NO. LINDA ARMSTRONG CHUBBUCK. IDAHO lF so a SHEET INFORMATION � <�KNUDSENI DRAFTER BRD REVIEWER CTP DRAIMNG LA - DESC & DISPLAY DATE DESIGNER BRD I PROJECT NO. 2023012 1 FILEPATH ZONING.DWG ENGINEERING FEBRUARY -2024 LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE EAST 1/16 TH CORNER ON THE SOUTH LINE OF SAID SECTION 5 BEARS N 89°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 00'0538" 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 EXCPTION FROM PARCEL 9 OF DEED INSTRUMENT No. 20700342; THENCE N 00-4514" 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 "LEAARMSTONG HOUSE - PARCEL 1" FOUND IN DEED INSTRUMENT No. 20700342; THENCE S 8902356" W 140.18' ALONG THE NORTH BOUNDARY LINE OF THE LANDS DESCRIBED AS AN EXCPTION 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 4256" 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 0042'54" E 13.77'; THENCE N 89'16'04" E 292.20' TO THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISON No. 1 FILED AS INSTRUMENT No. 20725965; THENCE S 00"33'57" E 531.04ALONG THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISON 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 LND LEGAL DESCRIPTION FOR: ARMSTRONG INITIAL ZONING R-4 ARMSTRONG PROPERTYFIGURE INITIAL ZONING JNO. LINDA ARMSTRONG CHUBBUCK. IDAHO w SHEET INFORMATION� UDSE 117-ADRAFTER BRD REVIEWER CTP DRAWING LA - DESC & DISPLAY DATE DESIGNER BIRD I PROJECT NO. 2023012 1 FILEPATH ZONING.DWG ENGINEERING FEBRUARY -2024 5 8 N 89 48'14 W 100.02 N 00 42'54'W 13.77 S 89,2356 W 140.18 J S89 14 01 7 W 170.10' N 00'0538' W 24.42' N 89°14'51" E 876,86' S 89016'04` W 957.45 N 89 1604' E 49.99' 0 200' 400' SCALE: 1" = 200' 189 1604" E 292.20' S 44 30'39" E 6.29' � 0 0 S 59.. %0Ln 2 90 AC. sy,� O m 9 SSir a 0, �^� Ln 10 Lo 0 `-'0 EN 'n c7 R-3 ZONING s 2 20 AC. o O Un � v Z �o N 89 48'14 W 100.02 N 00 42'54'W 13.77 S 89,2356 W 140.18 J S89 14 01 7 W 170.10' N 00'0538' W 24.42' N 89°14'51" E 876,86' S 89016'04` W 957.45 N 89 1604' E 49.99' 0 200' 400' SCALE: 1" = 200' 189 1604" E 292.20' ed~" Y ' T " 0 18405 70 c+ '� OF T. pP LEGAL DISPLAY FOR: ARMSTRONG INITIAL ZONING ARMSTRONG PROPERTYFIGURE INITIAL ZONING JNO. ti LINDA ARMSTRONG CHURBLICK. IC7AHO w SHEET INFORMATION ! KKUDS r-3 DRAFTER BRD REVIEWER "2023012 DRAWING LA - DESC & DISPLAY ` DATE DESIGNER BRD PROJECT NO. FILEPATH ZONING DWG ® ENGINEERING FEBRUARY -2024 0 0 R-4 ZONING 0 w 2 90 AC. U' W V r O m a 0, Ln N :0 0 r M s r .Q Un 0 0 0 Z N 89016'04" E 370.20 - r, SND . _ ed~" Y ' T " 0 18405 70 c+ '� OF T. pP LEGAL DISPLAY FOR: ARMSTRONG INITIAL ZONING ARMSTRONG PROPERTYFIGURE INITIAL ZONING JNO. ti LINDA ARMSTRONG CHURBLICK. IC7AHO w SHEET INFORMATION ! KKUDS r-3 DRAFTER BRD REVIEWER "2023012 DRAWING LA - DESC & DISPLAY ` DATE DESIGNER BRD PROJECT NO. FILEPATH ZONING DWG ® ENGINEERING FEBRUARY -2024 Attachment 5: City Council Meeting Minutes • January 17, 2024 • March 6, 2024 CHUBBUCK I o A H 0 City of Chubbuck Corancil Meeting Minutes January 17, 2024 6:00 PM City Hall Council Chambers 290 East Linden, Chubbuck, ID 83202 CALL TO ORDER: Mayor England PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Reece COUNCIL PRESENT: Roger Hernandez, Norman Reece, Dan Heiner, and Melanie Evans. STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Ryan Lewis, Public Works Director Bridger Morrison, Community Services Director Devin Hillam, Planning Manager Don Matson, Development Services Manager Sean Harris, Police Chief Nick Sasser, Fire Chief Merlin Miller, Human Resource Director Scott Gumrnersall, and City Clerk Joey Bowers. APPROVAL OF MINUTES: January 3, 2024. Councilmember Reece motioned for approval of the Study Session and Council Meeting minutes. Councilmember Heiner seconded motion for approval of minutes. Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, Evans -yes, motion passed. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Chubbuck, Idaho, will hold a public hearing to accept and consider public testimony regarding proposed changes to chapters 17.24 and 17.28 pertaining to Police, Fire and Emergency Services, and Parks and Trails development impact fees and capital improvements plans, including proposed fee increases and decreases in all three impact fee categories. Fees were calculated in accordance with Idaho Code Title 67 Chapter 82. Community Services Director Devin Hillam gave a brief history and stated that the City of Chubbuck collects impact fees at the building permit stage for Police, Emergency Services, and Parks. Police and Emergency Services were established by Ordinance No. 783 and Parks via Ordinance No. 791 and 804. As required by the statute, each fee is associated with a capital improvements pian and as also required by the statute, impact fees collected are to be spent in-line with the needs of the current capital improvernents plan. Mayor England declared the public hearing open for public comment. Resident Boyd Byrd, was In Favor. Mr. Byrd was in favor of the Police and Fire/Emergency Services, but was concerned about decreasing the Parks Impact fee. Due to no more public comment Mayor England closed the public hearing. GENERAL BUSINESS: Discussion and Possible Adoption of Ordinance 867 Police, Fire/Emergency Services, Parks Capital Plans and Impact Fees. (Council will discuss changes to city code 1724 and 17.28). Councilmember Reece motioned for the waiver of three readings, including the reading of one time in full for Ordinance 867. Councilmember Hernandez seconded motion for waiver. Roll Call: Reece -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed. Councilmember Heiner motioned for adoption of Ordinance 867 as presented. Councilmember Reece seconded motion for adoption. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Reece -yes, motion passed. 2. Approval of Seven Flat Subdivision Short Plat and the findings, facts and conclusions of law. (Council will discuss the application and if it meets City code). Adam Thayer from Dioptra represented the applicant. Mr. Thayer presented a single family residential lot. Development Services Manager Sean Harris stated that this application had been reviewed by City Staff and does appear to meet all the standards of Titles 16, 17 and 18 of City Code, as presented. City Staff recommended that the construction plans/drawings be approved by Development Services. Councilmember Hernandez motioned to approve Seven Flat Subdivision Final/Short Plat as presented, including the findings, facts and conclusions of law as presented by City Staff, and conditional upon construction plans/drawings be approved by Development Services. Councilmember Evans seconded motion for approval. Roll Call: Evans -yes, Hernandez -yes, Reece -yes, Heiner -yes, motion passed. 3. Discussion and Possible Adoption of Ordinance 868 for the Annexation of approx. 4.28 acres, located at 5328 Yellowstone Ave. into the General Commercial (C-2) zone. (Council will discuss the annexation of 4.28 acres into the City limits). Planning Manager Don Matson represented the City of Chubbuck and stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, as a category A annexation, and recommended approval. Councilmember Reece motioned for the waiver of three readings, including the reading of one time in full for Ordinance 868. Councilmember Heiner seconded motion for waiver. Roll Call: Reece -yes, Heiner -yes, Hernandez -yes, Evans -yes, motion passed. Councilmember Reece motioned for adoption of Ordinance 868 as presented. Councilmember Hernandez seconded motion for adoption. Roll Call: Heiner -yes, Hernandez -yes, Evans -yes, Reece -yes, motion passed. 4. Discussion and Possible Adoption of Ordinance XXX for the Annexation of approximately 5. 10 acres, located at 14330 W. Chubbuck Rd. It is proposed to place approximately 2.16 acres into the General Residential (R-3) zone and approximately 2.94 acres into the Dense Residential (R-4) zone. (Council will discuss the annexation of 5.10 acres into the City limits). Planning Manager Don Matson stated that this application had been reviewed by City Staff and appears to meet the comprehensive plan and the standards of Titles 16, 17 and 18 of City Code, and recommended approval with a zoning development agreement (ZDA). Brennen Dye from Knudsen Engineering represented the applicant. Mr. Dye presented an application for initial designation of property into Land Use Districts (zones) that is proposed to be annexed into the City of Chubbuck. The subject property of approximately 5. 10 acres is located at 14330 W Chubbuck Rd. It was proposed to place approximately 2.16 acres into the General Residential (R-3) zone and approximately 2.94 acres into the Dense Residential (R-4) zone. This application qualified as an infill project. Mr. Dye also presented a concept layout which included 19 single family residential units which would border the surrounding neighborhoods, and 21 two story townhomes. Mr. Dye stated that these units would all be owner occupied and not rental units. Limited Residential (R -2P) as recommended by the Land Use and Development Commission would allow 46 two story townhomes, which would be denser than what the applicant proposed within the General Residential (R-3) and Dense Residential (R-4) zones. The applicant is also willing to sign a zoning development agreement (ZDA) as recommended by city staff. Community Services Director Devin Hillam recommended tabling this application until a zoning development agreement (ZDA) could be drafted and ready to be adopted with the annexation application. With consent from the applicant the Council decided to table a decision until a zoning development agreement (ZDA) could be drafted and ready to be adopted with the annexation application. Councilmember Heiner motioned to table a decision for the Annexation of approximately 5. 10 acres, located at 14330 W. Chubbuck Rd. until a zoning development agreement (ZDA) could be drafted and ready to be adopted with the annexation application. Councilmember Hernandez seconded motion for approval. Roll Call: Evans -yes, Reece -yes, Heiner -yes, Hernandez -yes, motion passed. S. Approval of Items for Auction or Disposal. (Council will discuss City property for auction or disposal). Councilmember Hernandez motioned for approval of items for auction or disposal. Councilmember Heiner seconded motion for approval. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Reece -yes, motion passed. CLAIMS: City of Chubbuck claims for January 17, 2024 as presented to Mayor England and Council. Councilmember Reece motioned to approve the City of Chubbuck Claims as presented. Councilmember Hernandez seconded motion for approval. Roll Call: Evans -yes, Hernandez -yes, Reece -yes, Heiner -yes, motion passed. ADJOURN: Mayor Kevin England adjourned at 6:32. 11 2;j ers-City Clerk Kevin England_ ayor Za�i\\ CHUBBUCI( IIIA H0 City of Chubbuck Council Meeting Minutes March 6, 2024 6:00 PM City Hall Couril Chambers 290 East Linden, Chubbuck, ID $3202 CALL TO ORDER: Mayor England PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Evans COUNCIL PRESENT: Norman Reece, Dan Heiner, Melanie Evans, and Roger Hernandez. STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Ryan Lewis, Public Works Operations Manager rami Berger, Community Services Director Devin Hillam, Planning Manager Don Matson, Development Services Manager Sean Harris, Police Chief Nick Sasser, Fire Chief Merlin Miller, Human Resource Director Scott Gummersall, City Treasurer Rich Morgan, and City Clerk Joey Bowers. APPROVAL OF MINUTES: February 21, 2024. Councilmember Heiner motioned for approval of the Council Meeting minutes. Councilmember Hernandez seconded motion for approval of minutes. Roll Call: Reece -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed. PROCLAMATI©NS: 1. National Senior Nutrition Month Mayor Kevin England read aloud a proclamation. PUBLIC HEARING: 1. Notice is hereby given that the City Council of the City of Chubbuck, Idaho, will hold a public hearing for consideration of a proposed amended budget for the fiscal period October 1, 2023 to September 30, 2024: and an amended fiscal appropriation ordinance for said period, and pursuant to the provisions of Section 50-1002, 50-1003, 50-1105, Idaho Code. PROPOSED EXPENDITURES The following is an estimate, set forth in said amended budget of the proposed increases in expenditure of the City of Chubbuck, Idaho, for the period October 1, 2023 to September 30, 2024. All other expenditures shall remain without change as set forth in the original appropriation ordinance adopted August 2, 2023. Said amounts are set forth by fund as follows: Fund Original Expenditure Proposed Expenditure Net Increase General $9,973,573 $10,436,598 $463,025 City Treasurer Rich Morgan presented that the City had received 463,025 from the County for monies from the Chubbuck Development Authority expired 1992 Urban Renewal District. Mr. Morgan stated that the direction from the City Council during their February 7, 2024 study session; was that these funds would go towards Police needs and pavement maintenance. Mayor England declared the public hearing open for public comment. Resident Boyd Byrd, was In Favor. Mr. Byrd was in favor of the proposed amended budget as presented. Mr. Byrd also recommended taking $500,000 from city reserves to go towards parks maintenance and city streets. Resident Nikki Taysom, was Opposed. Ms. Taysom was opposed to urban renewal districts. Due to no more public comment Mayor England closed the public hearing. GENERAL BUSINESS: 1. Adoption of Ordinance 869 to Amend the FY2024 Appropriation Ordinance. (Council will discuss amending the FY24 Budget). Councilmember Reece motioned for the waiver of three readings, including the reading of one time in full for Ordinance 869. Councilmember Heiner seconded motion for waiver. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Reece -yes, motion passed. Councilmember Hernandez motioned for adoption of Ordinance 869 as presented. Councilmember Evans seconded motion for adoption. Roll Call: Evans -yes, Hernandez -yes, Reece -yes, Heiner -yes, motion passed. The Council asked for more information and a discussion on Mr. Byrd's recommendation about taking $500,000 from city reserves to go towards parks maintenance and city streets, at a future study session. 2. Approval of the Re -Plat of Lot 2, Block 5 of Northside Crossing Division 4 Short Plat and the findings, facts and conclusions of law. (Council will discuss the application and if it meets City code). Matt Baker from Sunrise Engineering represented the applicant. Mr. Balser presented an application for a 1 lot short plat for 1 residential building lot in the Re -Plat of Lot 2, Block 5 Northside Crossing Division 4. It includes extending the alley west along the boundary of the subdivision. Development Services Manager Sean Harris stated that this application had been reviewed by City Staff and does appear to meet all the standards of Titles 16, 17 and 18 of City Code, as presented with conditions. Councilmember Hernandez motioned to approve the Re -Plat of Lot 2, Block 5 of Northside Crossing Division 4 Short Plat and the findings, facts and conclusions of law, including the conditions as presented by City Staff. Councilmember Heiner seconded motion for approval. Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, Evans -yes, motion passed. Discussion on a Possible Zoning Development Agreement (ZDA) with a future Annexation of approximately 5. 10 acres, located at 14330 W. Chubbuck Rd. It is proposed to place approximately 2.16 acres into the General Residential (R-3) zone and approximately 2.94 acres into the Dense Residential (R-4) zone. (Council will discuss a zoning development agreement (ZDA)). Planning Manager Don Matson stated that at the City Council meeting on January 17, 2024 the potential annexation and initial zoning for 14330 W Chubbuck Rd, owned by the Lamar Armstrong Revocable Living Trust. The item was presented to the Council 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 Knudsen Engineers, representing the Trust, regarding details of the agreement and accompanying site plan. There are two items the Restriction for Owner vs Rental Homes and Height Limits in the agreement that staff would like to discuss with Council before completing a draft for consideration and approval. Brennen Dye from Knudsen Engineering represented the applicant. Mr. Dye presented a concept layout and stated that the applicant has agreed as part of the ZDA that the development would adhere to the 35 feet height limit as in an R -2P zoning, which is the same as the neighboring R-1 zone. The Land Use Board recommended R -2P zoning. Mr. Dye also stated that at the Council meeting on January 17, 2024 the issue of owner - occupied vs. renter -occupied homes was discussed. Mr. Dye had stated that it was not the intent of the Trust to develop the property as a rental neighborhood, and stated the units would all be owner -occupied, without discussing that with the applicant. The Council was comfortable allowing a two story height limit as long as the applicant provided additional setbacks from the surrounding properties, and felt like the owner -occupied vs. renter -occupied homes would be better handled in a private setting such as a homeowners association (HOA) than in a public setting. City Staff will continue to work with the applicant on a Zoning Development Agreement, and will bring that agreement back before the Council for final approval. 4. Approval of Requests for Funding for FY2024. (Council will discuss funding requests). Requests for Funding for FY24 were presented during the March 6, 2024 Study Session. Councilmember Heiner motioned to approve $8,254 for the Senior Activity Center, $10,000 for Meals on Wheels, $6,000 for Family Services Alliance, $5,000 for Area Agency on Aging at Southeast Idaho Council of Governments, and $10,000 for VisitPocatello-Chubbuck. Councilmember Hernandez seconded motion for approval. Roil Call: Heiner -yes, Reece -yes, Evans -yes, Hemandez-yes, motion passed. 5. Discussion on Miller Park All -Wheels Park Design. General Business item #5 was presented during the March 6, 2024 Study Session. 6. Discussion about the March 20, 2024 Council Meeting. CLAIMS: The March 20, 2424 Council Meeting will be canceled. 1. City of Chubbuck claims for March 6, 2024 as presented to Mayor England and Council_ Councilmember Heiner motioned to approve the City of Chubbuck Claims as presented. Councilmember Reece seconded motion for approval. Roll Call: Evans -yes, Hernandez -yes, Heiner -yes, Reece -yes, motion passed. ADJ©LMN: Mayor Kevin England adjourned at 7:36. w rs-City Clerk Kevin England- ayor FACTS BACKGROUND: The subject property is a remnant of a larger parcel owned by the Armstrong family along Chubbuck Rd with a panhandle connecting the street to the rear of the parcel. As parcels were sold facing the street Chubbuck Rd itself was not divided from them — the strip is also part of the parcel. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the standards for approval). The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. APPLICANT: OWNER: Martin L. Armstrong or Ricky D. Armstrong, Co -Trustees Richard Lamar Armstrong Lamar Armstrong Revocable Trust 617 Poole Ave 8988 Chelan Ave Pocatello, ID 83201 Boise, ID 83714 LOCATION: The site is at 14330 W Chubbuck Road, parcel number R3853006312. REFERENCE MAP: F-- �r - M2 n; 290 E Linden, Chubbuck, ID 83202 ;,i(G[ Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1OBHa _ CURRENT CITY OF CHUBBUCK LIMITS S 89°16104" W 957.45' CHUBBUCK ROAD SHEET INFORMATION DRAFTER BIRD REVIEWER TLK DRAWING I LA -APPLICATION DESIGNER BIRD PROJECT NO. 12023012 1 FILEPATH MAP.DWG A LEGEND M EXISTING CITY LIMITS EXISTING PARCEL LINES EXISTING SECTION LINES BOUNDARY OF PROPOSED R-3 ZONING BOUNDARY OF PROPOSED R-4 ZONING 0 100' 200' SCALE: 1 " = 100' INITIAL ZONING MAP ARMSTRONG PROPERTY INITIAL ZONING LINDA ARMSTRONG CHUBBUCK, IDAHO = KNUDSEN ENGINEERING FIGURE NO. F-2 DATE DECEMBER -2023