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HomeMy WebLinkAboutItem #2 Brookstone Div. 15-16 AnnexationCHUBBUCK Memo Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us TO: Honorable Mayor and Chubbuck City Council FROM: Don Matson, Planning Services Manager DATE: December 18, 2024 RE: An application for annexation of approximately 15.9 acres located on the west side of Lamar St and north of Brynwood Ave in Bannock County, ID. The application will be reviewed against criteria in section 18.28.060.G of city code. (Action Item) CiIILY, IYA1i\r1'I DESCRIPTION. The City has received an application for annexation of 15.9 acres located on the west side of Lamar St and the terminus of Angela St, and north of Brynwood Ave at the termini of Robinson Lane. The land will include the next phase of Brookstone Estates. FINDINGS. After reviewing the application, staff finds that it meets the description and requirements for an Annexation with Consent. • It is contiguous to the City boundary and within the Urban Service Boundary. • Utilities are available in adjacent divisions of Brookstone. • The owner has consented to the annexation. • Development of the site may help fill a gap for additional housing in the City. • The Land Use and Development Commission has recommended a zoning district for the subject property (approval of the zoning district is a separate item on this agenda). o The recommended zoning district is Limited Residential P (R -2P). • The Comprehensive Plan Future Land Use map designates this area in three separate categories. o Low Density Residential o Medium Density Residential o Mixed Use o The boundary between land use areas on the map are not intended to be rigid, but adaptable regarding property lines, aiding in Chubbuck's development compliant with the Comprehensive Plan. RECOMMENDATION: Staff recommends approval of the Ordinance annexing the property with the Limited Residential P (R -2P) zoning designations as recommended by the Land Use and Development Commission. FACTS BACKGROUND: The subject property was, until recently, part of a 54 -acre farm parcel. Properties to the west, south, and east have been annexed into the City. The neighboring annexed property is all developed or developing with single family homes. There are also twin homes farther east in Brookstone Estates. TYPE OF APPLICATION: Legislative (Subject to request for reconsideration; decision should be based on the standards for approval). The Council may approve, table a decision, or deny the application. APPLICANT/ OWNER: Brookstone, LLC 158 S. Main St Pocatello, ID 83204 SITE CHARACTERISTICS & ZONING CURRENT ZONING: Bannock County Residential Suburban CURRENT LAND USE: Farm EXISTING STRUCTURES: None TOPOGRAPHY: Flat IRRIGATION FACILITIES: None. SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS ON CHUBBUCK RD: West of Philbin Rd — 2021, 3,053/day; 2018, 3,076/day RECENT TRAFFIC COUNTS ON CHUBBUCK RD: East of Rio Vista Rd — 2021, 2,606/day; 2018, 1,611 /day NORTH: Farm and large -lot rural residential (multiple acres); Bannock County Residential Suburban zone EAST: Single-family residential; R-1 and R-2 zones SOUTH: Developing single-family residential; R -2P zone WEST: Large -lot residential and mobile homes park, Bannock County Residential Suburban zone CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us LOCATION: The site is located on the west side of Lamar St and Angela St, and north of Brynwood Ave and Robinson Ln in Bannock County, ID. The site includes part of Bannock County parcel number RPR3853031801. REFERENCE MAP: I . i SERVICES: ACCESS STREET: Chubbuck Rd via Lamar St, and Angela St EMERGENCY SERVICES: City of Chubbuck CULINARY WATER SERVICE: City of Chubbuck WASTE WATER DISPOSAL: City of Chubbuck SECONDARY IRRIGATION: Eligible for Fort Hall irrigation water for pressurized service APPLICABLE LAWS AND PLANS: 1. Idaho Statute §50-222: Annexation by Cities 2. Chubbuck City Code Title 18.28.060: Annexations 3. Chubbuck Comprehensive Plan, as amended PROCEDURES: 1. In accordance with City Code 18.28.060 and the current resolution, a complete petition and fees for Annexation were filed with the City and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be considered at a Regular Meeting of the City Council. Aii��Ot\ CHUBBUCK 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us In accordance with Idaho Statute §50-222 and City Code 18.28.010, notices of the public meeting were posted prominently at the City offices and on the City website at least 5 days prior to the meeting. 4. Prior to the review, the Land Use and Development Commission reviewed an associated application requesting an initial zoning designation and the recommendation was forwarded to the Council for review and consideration. PUBLIC AGENCY COMMENTS: No comments were received from any public agency or utility provider. STANDARDS FOR APPROVING ANNEXATIONS Per City Code Title 18.28.060.G, annexations may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: CHUBBUCKH 8 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us Standard. a. The land is contiguous or adjacent to the City boundary. The land is contiguous to the boundary. b. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the city and the county, There are no existing streets that border the area; previous phases lie between this parcel and existing streets. c The annexation meets the requirements for its Annexation Classification under Idaho Code. The area proposed for annexation meets the standards for an Annexation with Consent; the landowner has consented to annexation. d. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criteria include: 1 Revenue generated by property taxes will exceed long-term costs associated with maintenance and provision of services and facilities. Because the R-213 zone allows development denser than R-1 or R-2 zoning it can be more efficient for the provision of services. 2 The advantages both to the City and to the area outweigh the disadvantages. One of the most significant benefits to both the City and the annexation area is the wise use of water. The land is eligible for Fort Hall Irrigation Project water for pressurized irrigation, reducing demand on groundwater, and using the City sewer services will protect groundwater from nitrate pollution. 3 If previously developed, the area has the opportunity to redevelop or to develop at higher intensity. N/A CHUBBUCKH 8 1 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us 4 If expenses required to bring the properties to city standards exceed anticipated property tax income, the residents and/or Council agree to form a local improvement district. N/A — Developer will bring to City standards. 5 Annexation is equitable and fair to existing residents; and N/A — Annexation will be complete prior to housing development. 6 Annexation would address a public health concern. Using the City sewer services will help protect groundwater from nitrate pollution. E The land can be served currently, or within a reasonable time, by essential urban services. Developer will bring to City standards. f A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. The Land Use and Development Commission has recommended a zoning district for the Council to act upon. RECOMMENDATION The Council must determine if it is in the best interest of the City of Chubbuck whether to annex the parcel(s) into the City. The proposal satisfies the 6 standards to consider for annexation (above) and is in compliance with the Comprehensive Plan (see Attachment Q. Staff recommends approval of the Ordinance annexing the property with the Limited Residential P (R -2P) zoning designations as recommended by the Land Use and Development Commission. ATTACHMENTS A. Application for Annexation B. Comprehensive Plan Future Land Use Map C. Comprehensive Plan Policies Relevant to the Proposal D. City Boundary and Urban Service Boundary Map E. Draft Annexation and Zoning Ordinance REPORT: Don Matson, MSP I AICP Staff comments in this report are based Planning Manager solely upon evidence available at the time dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be DATE: December 11, 2024 brought to light at or before the meeting. CHUBBUCK 1 0 R H 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us COME;.., I U 111H 0 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ANNEXATION APPLICATION Oct. 2022 Form PAGE 1 OF 3 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 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 Brookstone, LLC A2.. Mailing Address 158 S. Main St. city Pocatello State ID Zip Code 83204 A3. Phone Number (including area code) 208-970-6696 A4. Email Address tanner@buildidc.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 B3. Phone Number (including area code) B4. Email Address SECTION C -SITE INFORMATION Cl. Site Address / Location City Zip Angela St./Robinson Ln. Chubbuck 83202 C2. Tax Parcel #(s) RPR3853031801 SECTION D - PLANNING INFORMATION Dl. Gross Area +/- 15.9 ac. D2. Comprehensive Plan Future Land Use Designation(s) Medium density and low density D3. Current/Existing Land Use(s) and Structure(s) Agricultural D4. Proposed Land Use(s), if known: Residential CHUBBUCK 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ANNEXATION APPLICATION Oct. 2022 Form PAGE 2 OF 3 SECTION E —SUBMITTAL REQUIREMENTS E1. Application Fees: $165 ($700 total - $S35 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. Z&�L CHUBBID 290 E Linden Ave. Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us ANNEXATION APPLICATION Oct. 2022 Form PAGE 3 OF 3 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 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 ocess/hearing and may result in additional fees for rescheduled public hearings. F1. gna ure F2. Printed Name nn F3. Date STOP: SECTION G -F€ R STAFF USE O"ILV _. _OMPLETENESS REVIEW: Reviewed by: Date: Deemed complete? Yes ❑ No If no, list concern(s): Applicant Notified? Yes FINo Comments: G%. SCHEDULED FOR LUDC: Scheduled Meeting Date: Applicant Contacted? Yes F�No <_KNUDSEN November 12, 2024 City of Chubbuck —Development Services Division 290 East Linden Avenue Chubbuck, Idaho 83202 SUBJECT: Brookstone, LLC 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 Brookstone, LLC property. ANNEXATION NARRATIVE It is in the interest of the city to annex the property as the property shares a border with the current city limits on the southern, western, and eastern property boundaries. The annexation of the proposed property would enable continuity of existing residential areas by the extension and connection of the right of way areas of Robinson Lane, Lamar Street, and Angela Street which are adjacent to the property. With regards to servicing the property, public utilities are easily accessible in the existing Rights of Ways for Robinson Lane, Lamar Street, and Angela Street. Additionally, the future impact of the development would have a manageable impact on the overall public utility systems. The annexation of the property is compliant with the City of Chubbuck Comprehensive Plan. As stated above, the property is situated at the ends of three current Right of Ways. This directly applies to Goal 1 and Objective 1.3 of the Comprehensive Plan. 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 recently developed residential properties, the property would be a continuation of the development and would be an improvement to the surrounding residential areas. Sincerely, KNUDSEN ENGINEERING, LLC lyo�n Le udsen, PE Principal Engineer PH No: 208-417-0522 PN: 2024011 Doc: BS -ANNEX NARRATIVE.docx STATE OF IDAHO County of Bannock ss Name AFFIDAVIT OF LEGAL INTEREST Brookstone, LLC - Chris Robinson, Member Pocatello City 158 S Main Street Pocatello, ID 83204 Idaho State Address Being first duly sworn upon Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: Knudsen Engineering 609 West Maple Street Pocatello, ID 83201 Name Address To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ❑ Administrative Variance ❑ Variance Annexation & Initial Zoning Request ❑ Preliminary Plat ❑ Final Plat ❑ Conditional Use Permit or CUP Amendment ❑ Comprehensive Plan Map Amendment ❑ Planned Unit Development Designation or Amendment ❑ Creative Community Designation or Amendment ❑ 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. DATED this tZk da of qDVfAnb e r 201�_. C Signature I, the undersigned, a Notary Public i and for the above-named county and state, do hereby certify that on 1 this day of /_�L10wrStc 20?.CQ� ,, personally appeared before me (I✓,.", — , known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . Give; `;;``�,�'e,Iwjyj& ncl and official seal the da nd last year a e written, (seal) 0�:c10TARy NO RY PUBLIC - STATE OF IDAHO)) rr �•.� :�= Residing at: a 1AV1('fil i(, , �d'i_'4e [ �O �%BLIG �ti ' Commission Expires: io -?� - )i OFFICIAL RECORD BK# 0 FEE 15.00 DEPUTY JB BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF Alliance Title - Pocatello Office 22112193 2021 May 28 PM 12:02 Electronically Recorded by Simplifile "[pence South 70'02'00" West. 122.90 feet to a point of a curve mith a chord that bears South 110"10'32" West 37.67 feet having a radius of 107.00 feet: Thence to the right along said curve 37.87 feet thru a central angle of 20'16'37":, Thence North 89°41'07" West 187.35 feet: Thence South 01°02'35" East 110.03 feet; Thence South 00018'53" West 66.00 feet; Thence South 89°41'07" East 1.54 feet; Thence South 00°18'53" West 379.99 feet; Thence South 89°41'02" East 225.03 feet; Thence South 41'31'37" East 120.00 feet; Thence North 49°3325" East 24.99 feet; Thence South 40°26'47" East 117.45 feet; Thence South 40°24'38" West 63.71 feet; Thence South 49032'38" East 135.00 feet; Thence South 49°54'36"East 60.62 feet; Thence South 00°43'50" East 564.078 feet; Thence South 89016'1 0 -' West 564.60 feet; Thence South 00°21'55" East 337.17 feet; Thence South 89'1 6'10" West 50.02 feet to the POINT OF BEGINNING; Any portion lying within the boundaries of Brookstone Estates official plat thereof filed in the records of Bannock County, Ida No. 21810761. A parcel of land located in the Northwest'/ of the S�t Range 34 East, Boise Meridian, Bannock County, Idaho, COMMENCING at the East 1/16 corner on the 34 East, Boise - Meridian, being marked by a under confer perpetuation Instrument No, 20514 Basis of bearing per City datum based Qn Cen Coordinate System; Thence North 00'33'34" West, along the E st the Northeast corner, Lot 8, Block 2, Brooksto No. 21510755, the TRUE POINT OF EGI NI 1) North 89'41'07" West a distan - 0 145.02 f 2) South 70'45'44" West a distan f 66.00 fey 3) South 19'14'16" E a istance o .55 feet; 4) South 70'45'44" 4/a ce 2 0 Instrument: 22112193 Page:O '/., of Section 5, Township 6 South, il2ed as follows: ownship 6 South, Range d P.L.S. 2341, recorded ierct n 5, a distance of 2309.01 feet to vision 6, as recorded under Instrument following four (4) courses; Thence North 19 1 1 s di nce . 0 feet, Thence No 1 1' 7 st a tan of 66.50 feet; Thence North 9' 411 " We a dista 109.01 feet; Thence North 1 7' E a itauce 439.76 feet; Thence North 8 ' 0' " East a is ce of 122.58 feet; Thence South 0 3 '^4' aasta dr ce of 296.47 feet to the POINT OF BEGINNING. the Northwest i/4 of the Southeast % of Section 5, Township 6 South, lian, Bannock County, Idaho, described as follows: South '/< corner of Section 5, Township 6 South, Range 34 East, Boise - under corner perpetuation Instrument No's 668097, 765498 and 20915175; :r City datum based on Central Meridian of East Zone of Idaho State Plane en North 00°21'55'' West, along the West line of Section 5, a distance of 2088.26 feet to the POINTOEBEGINNING, pence ng said Section line North 00'21'55" West a distance of 281.17 feet;_ Th nce North 90'00'00" East a distance of 439.10 feet; e ce North 71'57'40" East a distance of 355.07 feet to the West boundary line of Brookstone s tes Division No. 8; 1 ence along said boundary the following three (3) course; South 19114A 6" East a distance of 109.01 feet: 2) Thence South 12'11 '37" East a distance of 66.50 feet: Instrument: 22112193 Page:O 3) South 19°14'16" East a distance of 110.60 feet to the North boundan line of Brookstone Estates Division No. 6: ANNEXATION LEGAL DESCRIPTION LOCATED IN THE EAST HALF OF THE SOUTHWEST 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 CENTER QUARTER CORNER BEARS N 00022'04" W 2685.04') THENCE N 00°22-04" W 1066.07' ALONG THE LONGITUDINAL CENTERLINE OF SECTION 5 TO THE POINT OF BEGINNING,- THENCE EGINNING;THENCE S 89038'05" W 403.78'; THENCE N 78007'24" W 636.30'; THENCE N 00006'54" E 410.83'; THENCE N 89047'57" E 256.02'; THENCE N 00021'55" W 232.55'; THENCE N 89038'05" E 766.11' TO THE SAID LONGITUDINAL CENTERLINE; THENCE S 00022'04" E 777.56' ALONG THE SAID LONGITUDINAL CENTERLINE TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 15.95 ACRES MORE OR LESS ENS SEAL �1 q' Q 1840 cpp tl Q N „� l� -N- 0 200' 400' SCALE: 1" = 200' ABOVE DESCRIPTION CONTAINS 15.95 ACRES MORE OR LESS. N89° 38'05"E N7g� �T 24,.w 403.78 766.1 1 1840 5890 38'05"W ll/Z����p Ln Ln Lo O 0 � \0 N N C� PROPERTY ANNEXATION NO. o LOCATED IN THE EAST HALF THE SOUTHWEST QUARTER OF SECTION 5, OF O N COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: O Z COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE CENTER QUARTER CORNER BEARS N 00°22'04" W 2685.04') THENCE N890 47' 57"E N 00°22'04" W 1066.07' ALONG THE LONGITUDINAL CENTERLINE OF SECTION 5 8 TO THE POINT OF BEGINNING; 256.02 w w \0 Ll� v 0 PROPOSED ANNEXATION N N zo � 15.95 AC. 0 0 0 O C) 0 Z -N- 0 200' 400' SCALE: 1" = 200' THENCE S 89'38'05" W 403.78'; THENCE N 78°07'24" W 636.30; THENCE N 00°06'54" E 410.83'; THENCE N 89°47'57" E 256.02'; THENCE N 00°21'55" W 232.55; THENCE N 89°38'05" E 766.11'; THENCE S 00°22'04" E 777.56' ALONG THE SAID LONGITUDINAL CENTERLINE TO THE POINT OF BEGINNING. �NNL LANZ) ABOVE DESCRIPTION CONTAINS 15.95 ACRES MORE OR LESS. NS •QG N7g� �T 24,.w 403.78 1840 5890 38'05"W ll/Z����p DESCRIPTION & DISPLAY FOR: TF O 0 � \0 N N LEGAL DESCRIPTION PROPERTY ANNEXATION NO. o LOCATED IN THE EAST HALF THE SOUTHWEST QUARTER OF SECTION 5, OF 0 Z 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 CENTER QUARTER CORNER BEARS N 00°22'04" W 2685.04') THENCE 5 N 00°22'04" W 1066.07' ALONG THE LONGITUDINAL CENTERLINE OF SECTION 5 8 TO THE POINT OF BEGINNING; THENCE S 89'38'05" W 403.78'; THENCE N 78°07'24" W 636.30; THENCE N 00°06'54" E 410.83'; THENCE N 89°47'57" E 256.02'; THENCE N 00°21'55" W 232.55; THENCE N 89°38'05" E 766.11'; THENCE S 00°22'04" E 777.56' ALONG THE SAID LONGITUDINAL CENTERLINE TO THE POINT OF BEGINNING. �NNL LANZ) ABOVE DESCRIPTION CONTAINS 15.95 ACRES MORE OR LESS. NS •QG O 1840 ll/Z����p DESCRIPTION & DISPLAY FOR: TF BROOKSTONE, LLC ANNEXATION \QP C �F PP BROOKSTONE, LLC FIGURE N T. PROPERTY ANNEXATION NO. BROOKSTONE, LLC CHI MM ICK II)AHC SHEET INFORMATION�� � ���� DRAFTER BRD REVIEWER CTP DRAWING BS - DESC &DISPLAY ® DATE DESIGNER BRD I PROJECT NO. 202401 1 FILEPATH ANNEX.DWG ENGINEERING NOVEMBER -2024 �—� 290 E Linden Avenue p Chubbuck,ID 83202 CHUBBUCK 208 w3ww.CityofChubbu k.us409 I O I H 0 CONSENT TO ANNEXATION ANNEXATION CONSENT FORM Oct. 2022 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 I+� day of 20 f Owner STATE OF IDAHO ss County of Bannock I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this 12-1), day of ���D , 20 personally appeared before me 1:5, lRJI0' > known to me to be the person described in and who executed the within instrument, and acknowledged to me that executed the same. Given un gqij,WNlrand and official seal the day and last year above written, ���4 N.P 0. (seal) Q : NOTAR s :Z , NOTARY PUBLIC - STATE O IDAHO i' Residing at:JYlyIt��GI�:(!Q, -�3C aAe n o PUBLIC h.? Commission Expires: 10- ZS -2O7J i ATTACHMENT B: COMPREHENSIVE PLAN FUTURE LAND USE MAP Mixed Use MANA (approx. boundary) F Annexation Request OL line E 'IM a �A Medium Density 6.K* % * Residential 39 * IL Low Density Residential I I Comprehensive Plan Future Land Use Designation L Low Density Residential I Medium Density Residential , I ' High Density Residential L� Mixed Use OCommercial F-1 Employment Village Highway Corridor City Boundary , Mixed Use MANA (approx. boundary) F Annexation Request OL line E 'IM a �A Medium Density 6.K* % * Residential 39 * IL ATTACHMENT C: COMPREHENSIVE PLAN POLICIES RELEVANT TO THE PROPOSAL Other code and policy may be identified from State Law, City Code, or the Plan. Summaries of codes, goals, objectives, and policies may not be verbatim. COMPREHENSIVE PLAN CHAPTER 4: LAND USE GOAL 4.1 DIRECT URBAN GROWTH TO URBAN INFILL AREAS OBJECTIVE 4.1.1 Strongly protect prime agricultural land from development sprawl POLICY a. Coordinate with Bannock County to strongly protect prime agricultural lands COMMENT The annexation area is part of a farm parcel that is being developed methodically, without sprawl. POLICY b. Make careful assessment of the costs and benefits of annexation COMMENT The moderate density of the proposed zone can result in more efficient development with a lower cost of service maintenance per person. Property taxes per acre are typically greater with moderate and high density zoning. POLICY c. Discourage sprawl, promote compact development patterns; locate in City limits and Urban Service Boundary (USB) COMMENT The site is within the Urban Service Boundary. OBJECTIVE 4.1.2 Coordinate the provision of public services and infrastructure with proposed land use STRATEGY a. Guide the location of development through use of the USB and utility phasing COMMENT The site is within the USB and utilities are being extended by the developer. CHAPTER 7: GOVERNMENT SERVICES GOAL 7.2 PROTECT LIFE AND PROPERTY IN CHUBBUCK BY PROVIDING FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES OBJECTIVE 7.2.2 Monitor population growth patterns in consideration of the need for building additional fire stations in Chubbuck POLICY a. Discourage development outside the USB COMMENT The site lies within the USB. GOAL 7.6 WORK WITH THE CITY OF POCATELLO TO PLAN AND DEVELOP EFFECTIVE PUBLIC WATER AND SANITARY SEWER SERVICES OBJECTIVE 7.6.3 Support efforts to service existing vacant land within the City before extending water and sewer services to development lands outside City limits POLICY c. Provide municipal water and sewer services only after the owners of the land to be served have signed appropriate documents for future annexation or land has been annexed to the City COMMENT The property is proposing annexation and water/sewer mains are already in place for connections to serve the site. POLICY e. City annexation shall be required before public water or sanitary sewer service is provided to new development. COMMENT This is addressed by this annexation application. 1940�f-'\ CHUBBUCK 1 0 A A 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us OBJECTIVE 7.6.4 Within the USB, continue to provide central water and sanitary sewer service to as many residents as possible POLICY a. Require all new development to be annexed and connected to the City collection and treatment system. The property is proposing annexation and water/sewer mains are already in place for connections to serve the site. CHAPTER 14: AREA OF CITY IMPACT AND GROWTH MANAGEMENT GOAL 14.1 COOPERATIVELY MANGE REGIONAL GROWTH TO IMPLEMENT THE COMMUNITY VISION SET FORTH BY THE OUR VALLEY OUR VISION PROJECT OBJECTIVE 14.1.4 Use urbanization policies to guide annexation within USBs POLICY a. Within the USB, annexation shall be required before new development is permitted COMMENT The site is within the USB and is proposed to be annexed. POLICY b. For land within the USB, annexation may be granted when essential urban services can be delivered to the subject property COMMENT Water and sewer mains are adjacent to the site and will he installed by the developer. 194�0f,\ CHUBBUCK 1 0 A A 0 290 E Linden Ave Chubbuck, ID 83202 Phone: 208.237.2430 www.CityofChubbuck.us City Limits and USB Within city limits and within USB Outside city limits but within USB Outside city limits, and outside USB, Area of Impact 07 Annexation Request ATTACHMENT D: CITY BOUNDARY AND URBAN SERVICES BOUNDARY MAP CITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN IDENTIFIED LANDS LOCATED ON THE WEST SIDE OF LAMAR STREET AND NORTH OF BRYNWOOD AVENUE, LOCATED IN THE EAST HALF OF THE SOUTHWEST 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: LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE 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 CENTER QUARTER CORNER BEARS N 00°22'04" W 2685.04') THENCE N 00022'04" W 1066.07' ALONG THE LONGITUDINAL CENTERLINE OF SECTION 5 TO THE POINT OF BEGINNING; THENCE S 89038'05' W 403.78'; THENCE N 78007'24" W 636.30'; THENCE N 00006'54" E 410.83'; THENCE N 89047'57" E 256.02'; THENCE N 00°21'55" W 232.55'; THENCE N 89°38'05" E 766.11' TO THE SAID LONGITUDINAL CENTERLINE; ORDINANCE — Page 1 THENCE S 00022'04" E 777.56' ALONG THE SAID LONGITUDINAL CENTERLINE TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 15.95 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 Limited Residential P (R -2P) zoning classification: Section 3. Recording. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. Section 4. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 5. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 6. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effect upon its passage, approval and publication as provided by law. 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 2 -N- 0 200' 400' SCALE: 1" = 200' NPL LAND SCi NS •QG T. O 1840 cn� Lll'25�✓ C) OF \9 � 'ON T. 'F -- 636.30 N89° 38'05"E N7g� 0T 24„w 403.78 766.1 1 5890 38'05"W Ln Ln Lo O 0 � \0 N N Ch o LOCATED IN THE EAST HALF THE SOUTHWEST QUARTER OF SECTION 5, OF O N COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: O Z COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 (FROM WHICH THE CENTER QUARTER CORNER BEARS N 00°22'04” W 2685.04') THENCE N890 47' 57"E N 00°22'04" W 1066.07' ALONG THE LONGITUDINAL CENTERLINE OF SECTION 5 8 TO THE POINT OF BEGINNING; 256.02 Lu w \0 Ll� :;I- 0 PROPOSED ANNEXATION N N zo � 15.95 AC. 0 0 0 O C) 0 Z -N- 0 200' 400' SCALE: 1" = 200' NPL LAND SCi NS •QG T. O 1840 cn� Lll'25�✓ C) OF \9 � 'ON T. 'F -- 636.30 N7g� 0T 24„w 403.78 5890 38'05"W O 0 � \0 N N LEGAL DESCRIPTION o LOCATED IN THE EAST HALF THE SOUTHWEST QUARTER OF SECTION 5, OF 0 Z 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 CENTER QUARTER CORNER BEARS N 00°22'04” W 2685.04') THENCE 5 N 00°22'04" W 1066.07' ALONG THE LONGITUDINAL CENTERLINE OF SECTION 5 8 TO THE POINT OF BEGINNING; THENCE S 89'38'05" W 403.78'; THENCE N 78°07'24" W 636.30; THENCE N 00°06'54" E 410.83'; THENCE N 89°47'57" E 256.02'; THENCE N 00°21'55" W 232.55; THENCE N 89°38'05" E 766.11'; THENCE S 00°22'04" E 777.56' ALONG THE SAID LONGITUDINAL CENTERLINE TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 15.95 ACRES MORE OR LESS. DESCRIPTION & DISPLAY FOR: BROOKSTONE, LLC ANNEXATION BROOKSTONE, LLC FIGURE PROPERTY ANNEXATION NO. BROOKSTONE, LLC CHI MM ICK II)AHC SHEET INFORMATION�� � ���� DRAFTER BRD REVIEWER CTP DRAWING BS - DESC & DISPLAY ® DATE DESIGNER BRD I PROJECT NO. 202401 1 FILEPATH ANNEX.DWG ®ENGINEERING NOVEMBER. -2024