HomeMy WebLinkAboutItem #2 Burnside Commercial Park Condominium/ao'�C\
CHUBBUCK
1 0 R H 0
Memo
Public Works Department
Development Services Division
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
To: Honorable Mayor and City Council
From: Development Services Staff
Date: May 7, 2026
Re: Short Plat for Burnside Commercial Park Condominium Plat
Applicant: Concord Properties LLC (Tom & Chris Nelson)
PO Box 2373
Pocatello, ID 83206
Professional Services: HLE Inc.
800 W. Judicial St.
Blackfoot, ID 83221
Application: Burnside Commercial Park Condominium Plat,
approximately 2.41 acres with 16 commercial building
lots and 1 common area lot. Located in the NW 1/4 of
Section 10, Township 6 South, Range 34 East, of the Boise
Meridian, Idaho in Chubbuck, Idaho. Generally located on
the south side of W. Burnside Ave. between Travel Lodge
and Extended Stay.
Existing Zoning: General Commercial (C-2)
Existing Land Use: Vacant
Staff Report: The final plat for Burnside Commercial Condominium Plat qualifies for Short
Plat Procedures per the standards in Title 17.12.400. The plat application has been
reviewed by staff and meets the standards of Titles 16, 17, and 18 of City Code.
Specifically:
• 16.12.230:
o Secondary pressurized irrigation system including pump station
requirement
o A secondary pressurized irrigation system is not Required for this
development as the property has previously relinquished the irrigation
water rights.
• 17.12.400:
o Proper access is provided to the property
o No construction and dedication of public street improvements are
required
• 17.12.210:
o A planning conference was held between applicant and city staff
o Developer has completed requirements determined at the planning
conference
• 18.08.042:
o Lots meet minimum lot standards in the General Commercial (C-2) zone
• Staff Recommendation:
o Recommend Approval.
o If approved, recommend approval of Findings of Fact and Conclusions of
Law.
• Recommended Condition(s) if approved:
o A successful execution of a development agreement. If staff and developer
are unable to reach a consensus of the requirements for construction
through the development agreement, staff will bring items of
disagreement before the City Council for a final decision.
o The sewer system south of the proposed manhole in Burnside Avenue
(SSMH#1) is considered private as it only serves this development and will
be owned and maintained by the developer/property owner.
o The water system south of the 6" water meter vault is considered private
as it only serves this development and will be owned and maintained by
the developer/property owner.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Short Plat for Burnside Commercial Park Condominium Plat
/944'C-\
CHUBBUCK
1AAAA
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
/6470-t-\
CHUBBUCK
1 0 0 H 0
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
SHORT PLAT FOR BURNSIDE COMMERCIAL PARK CONDOMINIUM PLAT,
APPROXIMATELY 2.41 ACRES LOCATED ON THE SOUTH SIDE OF W. BURNSIDE
AVE., BETWEEN TRAVEL LODGE AND EXTENDED STAY
FACTS
REQUEST: The applicant proposes a short plat for 16 commercial building lots and 1 common area lot in the
Burnside Commercial Park Condominium Plat subdivision. It has previously extended water and sewer
utilities into the development.
TYPE OF COUNCIL 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). A
decision of this final plat shall be based on whether it meets the requirements of the City of Chubbuck
ordinance and State of Idaho statutes.
OWNER: PROFESSIONAL SERVICES:
Concord Properties LLC (Tom & Chris Nelson) HLE Inc.
P.O. Box 2373 800 W. Judicial St.
Pocatello, ID 83206 Blackfoot, ID 83221
LOCATION: NW 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the south side of W. Burnside Ave., between Travel Lodge
and Extended Stay.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±2.41 acres
VIEWS: Generally visible from the north
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: none
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; General Commercial (C-2)
SOUTH: Residential; General Commercial (C-2)
EAST: Commercial; General Commercial (C-2)
WEST: Commercial; General Commercial (C-2)
RECENT TRAFFIC COUNTS:
2019: Yellowstone Ave. at W. Burnside Ave., 24,893/day
2021 Knudsen Blvd. at Zebe Ln., 4,254/day
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current Access from W. Burnside Ave.
FIRE/EMS PROTECTION: City of Chubbuck Fire Department
SANITARY SEWER: City of Chubbuck Sewer Utility Department
CULINARY WATER: City of Chubbuck Water Utility Department
SURFACE WATER RIGHTS: None
PROCEDURES:
In accordance with City Code 17.12.200 and Resolution 2025-06, a complete petition and fees
for a final plat were filed with the City and which contained the appropriate documents and
waiver requests pursuant to 17.12.200.
In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular
Meeting of the City Council.
In accordance with City Code 17.12.230, the record was reviewed on May 20, 2026 by the City
Council.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §50-13, Plats and Vacations
b. §67-6513, Subdivision Ordinance
Chubbuck Comprehensive Plan (as amended)
Chubbuck City Code
a. Title 16, Land Improvement Standards
b. Title 17, Land Development
c. Title 18, Land Use
RECORD:
The record is on file with City of Chubbuck Staff and consists of the application materials, staff
reports and memos, public and agency testimony, meeting minutes, and applicable portions of
city and state law.
FINDINGS
Having reviewed the record, including the application materials, staff report, testimony provided at the
hearing and meeting, and the criteria for approval of a Final Plat as found in city code section 17.12.100,
the City Council finds the following:
lal'c-\
CHUBBUCK
1AAAA
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. A successful execution of a development agreement. If staff and developer are unable
to reach a consensus of the requirements for construction through the development
agreement, staff will bring items of disagreement before the City Council for a final
decision.
b. The sewer system south of the proposed manhole in Burnside Avenue (SSMH#1) is
considered private as it only serves this development and will be owned and
maintained by the developer/property owner.
c. The water system south of the 6" water meter vault is considered private as it only
serves this development and will be owned and maintained by the
developer/property owner.
The Short plat proposal substantially conforms to Chapter 17.12, Section VI. Short Plat Procedure,
meaning that the following are found:
a. Proper Access is provided to the property;
b. The development is consistent with the comprehensive plan;
c. No substantial construction and dedication of public improvements are required;
d. Requirements of the planning conference have been met.
ORDER: CONCLUSION AND DECISION; PERMIT TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Short Plat as herein
described, shall be APPROVED.
2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect
to the decision in this action:
a. This Action does not deprive the owner of the property of all viable uses of the property.
b. This Action does not have a significant impact on the landowner's economic interest.
c. This Action does not deny a fundamental attribute of ownership.
3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code.
4. Approval of the short plat is valid for a period of two (2) years. Approval of a short plat does not
assure final acceptance of any dedications, continuation of any existing design and construction
regulations, or continuation of any existing land use regulations governing the subject land or
other properties in the area. If the short plat is not recorded and improvements and structures
intended for dedication to the public are not begun within a one year period from the date of
194�0t\
CHUBBUCK
1AAAA
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
Council approval, the short plat and supporting documents shall be resubmitted to the City for a
review of compliance to then existing applicable ordinances and regulations.
5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the
decision must first request a reconsideration of this decision to the City Council in accordance with
section 18.28.090 of city code.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of
20
/944'C-\
CHUBBUCK
1AAAA
Rodney T. Burch, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
0 20 40
SCALE: 1" = 40'
@ 18" x 24" ONLY
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10' UTILITY EASEMENT
INTERSTATE GROUP SUBDIVISION
INST. NO. 575288'
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DEED INST.
22025083 BURNSIDE
TRACTS BLOCK 2 LOT 1
W 1/4 COR SEC 10
FOUND ALUMINUM CAP
PLS 806
CP&F INST. NO. 20520368
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BURNSIDE COMMERCIAL PARK CONDOMINIUM PLAT
A REPEAT OF LOT 1 BLOCK 1 BURNSIDE COMMERCIAL PARK THE SE 1/4 NW 1/4
SECTION 10, T. 6 S., R. 34 E., B.M., BANNOCK COUNTY, IDAHO
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INST. NO. 377339
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CP&F INST. NO. 21320661
Line Table
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48.00'
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9.99'
0
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P.O.B. 20' IRRIGATION EASEMENT
INST. NO. 377339
P.O. B.
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INTERSTATE 86
NO 41 10 E
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S89°20'22"E 167.96' (M)
ih 1
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N 1/4 COR SEC 10
10 FOUND BRASS CAP IN VAULT
ILLEGIBLE
CP&F INST. NO. 21320661
Line Table
Line #
Direction
Length
L1
N89° 46' 06"W
12.00'
L2
N89° 46' 06"W
12.00'
L3
N89° 46' 06"W
9.99'
L4
N89° 47' 50"W
9.99'
L5
N89° 46' 06"W
10.00'
L6
N89° 46'06"W
10.00'
L7
S89° 46'06"E
10.00'
L8
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10.00'
L9
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10.00'
L10
S89° 46'06"E
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14.00'
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14.10'
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N� NOTES:
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LINDEN AVE
KNUDSEN BLVD
W BURNSIDE AVE
W
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VICINITY MAP
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32.00'
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1 STORY 3-PLEX UNITS 14-16
DETAIL SHOWN IS A MIRROR OF UNITS 3-5.
NTS
128.00'
32.00'
32.00'
32.00'
32.00'
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POCATELLO, ID 83206
THIS LOT SHALL PROVIDE EGRESS
O
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FLOODING) PER FEMA
LOT OWNER OF THIS SUBDIVISION.
co
32.00'
18.00'
18.00'
32.00'
4.00"4.00' 00' v 4.00'
1 STORY 4-PLEX
UNITS 6-9 AND 10-13
C01 NON -BUILDABLE LOT AND HEREBY OWNER /
cNv DEDICATED IN COMMON TO THE DEVELOPER
C) LOT OWNERS OF THIS SUBDIVISION
AND ADMINISTERED BY THE
HOMEOWNER'S ASSOCIATION PER
CONCORD PROPERTIES, LLC
THE RECORDED HOMEOWNERS'
PO BOX 2373
DECLARATIONS AND COVENANTS.
POCATELLO, ID 83206
THIS LOT SHALL PROVIDE EGRESS
208-604-0573
AND INGRESS IN COMMON TO EACH
FLOODING) PER FEMA
LOT OWNER OF THIS SUBDIVISION.
FLOOD PLAIN
NO OTHER ALTERATIONS MAY BE
FLOOD PANEL 16005CO236D
MADE TO SAID LOT AFTER FINAL
(R)
UTILITY EASEMENT.
PROPERTY IS IN A ZONE C
NTS
ENGINEER/
SURVEYOR
HLE INCORPORATED
800 W. JUDICIAL ST.
BLACKFOOT, ID 83221
208-785-2977
LUKE JOLLEY: ENGINEER
CHRIS STREET: SURVEYOR
LEGEND
GRADING HAS BEEN COMPLETED
(AREA OF MINIMAL
FOUND 1/2" IRON ROD
BY THE DEVELOPER. THIS LOT IS
SECTION LINE
SECTION CORNER CONTROL
COVERED IN ITS ENTIRETY BY A
FLOODING) PER FEMA
RIGHT OF WAY LINE
P.O.B.
CROSS ACCESS AND PUBLIC
FLOOD PANEL 16005CO236D
MEASURED
(R)
UTILITY EASEMENT.
EFFECTIVE DATE:7/7/2009
O
SECTION CENTER CONTROL
SUBDIVISION
PLACED 5/8" X 24" IRON
2. 10' UTILITY EASEMENT ALONG
ROD WITH CAP MARKED
WEST BURNSIDE AVE FRONTAGE IS
INFORMATION
P.L.S. 12224
FOR PUBLIC UTILITIES.
3. BASIS OF BEARING PER CITY OF
CHUBBUCK GRID COORDINATE
SYSTEM.
4. THE INTERIOR LOT CORNERS ARE
THE FOOTPRINT OF THE PROPOSED
BUILDINGS TO BE CONSTRUCTED.
THE BUILDING FOUNDATION
CORNERS WILL BE STAKED OUT
PRIOR TO CONSTRUCTION
C 1/4 COR SEC 10
FOUND ALUMINUM CAP
PLS 12457
CP&F INST. NO. 21506574
S89°20'22"E 168.06' n ---__1_-_--S 0°41'10"W
_ _ � 0.58'
S89° 18'50"E
1-86 ROW LINE
SECTION LINE
BRASS CAP ROW MONUMENT
STA. 873+00 149.12 LT
FOUND 5/8 X 24 IRON
ROD WITH CAP MARKED
TOTAL LOTS: 17 P.L.S. 12224
BUILDABLE LOTS: 16 RIGHT OF WAY MONUMENT
TOTAL ACREAGE: 2.41 ACRES
�N, LANA SG
C �G (R1) RECORD PER PLAT
. �\STERD F� PLAT INST. NO. 575288
EUMN Y
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CROSS ACCESS AND
PUBLIC UTILITY EASEMENT
FOUND 1/2" IRON ROD
SECTION LINE
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EASEMENT SIDE LINE
RW
RIGHT OF WAY LINE
P.O.B.
POINT OF BEGINNING
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(R)
RECORD PER PLAT
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JOB NO:
24-166
DATE:
April 23, 2026
REVISIONS
DATE
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BURNSIDE COMMERCIAL PARK CONDOMINIUM PLAT
A REPLAT OF LOT 1 BLOCK 1 BURNSIDE COMMERCIAL PARK THE SE 1/4 NW 1/4
OWNER'S DEDICATION
KNOW ALL MEN BY THESE PRESENTS that we, the
undersigned owners of the tract of land described as: Lot 1
Block 1 of Burnside Commercial Park, have caused the same
to be subdivided into blocks, lots and streets to be hereafter
known as Burnside Commercial Park Condominium Plat. We,
the owners, intend to include all of the land described in the
boundary description in this plat. The location and dimensions
of the blocks, lots and streets are to be as shown on the
accompanying map of the property. All streets, and all water,
sewer and storm water detention facilities lying within the street
rights-of-way, are dedicated to the public for public use, unless
otherwise indicated, and the easements for public utilities are
dedicated to the public for the installation, operation,
maintenance and use of public utility services. The right to use
all depicted easements is reserved for such public use for
utilities, and for other public purposes, including, but not limited
to, postal delivery boxes. No structures, other than those
required for such public utility purposes, are to be erected or
placed within said easements. All such areas are hereby
conveyed or reserved to the public in perpetuity. The public
may have access to such areas, subject to municipal
regulation. The responsibility to maintain the property
dedicated, except as noted, shall pass to the public body
having jurisdiction when such dedication has been accepted.
The responsibility to maintain the surface area of property over
which an easement lies shall remain with the owner and
owner's successor's in interest. The responsibility to maintain
storm water detention facilities, whether lying in an easement
or lying within a dedicated right of way, shall belong to the
owner of the property benefitted by the detention of storm
water flowing from that property which shall be the property
adjacent to the storm water detention facility unless such
facility serves multiple properties as noted on the plat.
This plat is governed by the Municipal Code of the City of
Chubbuck, which provides that a final plat shall constitute a
dedication; however, approval of the final plat shall not
constitute the City's acceptance of the dedication. Such
acceptance shall become effective only upon the execution by
the Mayor of a separate instrument for that purpose after the
City Council has found that all structures and improvements
relating to the dedicated property have been completed and
have been approved upon inspection by the City. Dedication is
not binding upon the City until accepted.
Thomas Nelson
Managing Member of Concord Properties LLC
SECTION 10, T. 6 S., R. 34 E., B.M., BANNOCK COUNTY, IDAHO
COUNTY TREASURERS
CERTIFICATE
I Jennifer Clark, the undersigned County Treasurer in and for
the County of Bannock, State of Idaho, per the requirements of
Idaho Code 50-1308, do hereby certify that all county property
taxes due for the property included in this project are current
as of
Date
County Treasurer
SANITARY RESTRICTION
Sanitary Restrictions as required by Idaho Code Title 50,
Chapter 13 have been satisfied based on Department of
Environmental Quality review and approval for the design plans
and specifications and the conditions imposed on the developer
for continued satisfaction of sanitary restrictions. Water and
sewer line have been completed and services certified as
available. Sanitary restrictions may be re -imposed, in
accordance with Section 50-1326, Idaho Code, by the issuance
of a certificate of disapproval.
Date Health District Signature
ACKNOWLEDGMENT
STATE OF IDAHO )
COUNTY OF
On this day of
2026,
before me a Notary Public, in and for said State, personally
appeared Thomas Nelson , known or identified to me to be a
managing member of (Concord Properties, LLC) and
acknowledged to me that he signed said dedication freely and
voluntarily for and in behalf of said LLC.
Notary Public
Residing in
My commission expires:
CITY ACCEPTANCE
The plat on which this certification appears is hereby approved by
the City of Chubbuck, Idaho, this day of )2026.
Mayor, Rodney T. Burch
Engineer for the City, Bridger Morrison
City Clerk, Joey Bowers
DECLARATION OF COVENANTS,
CONDITIONS & RESTRICTIONS
Recorded as Inst.No.
REVIEWING SURVEYOR'S APPROVAL
I certify that I have examined this plat and find that it complies with
Section 50-1305 of the Idaho Code.
Professional Land Surveyor
Idaho License No.
Date
DEVELOPMENT AGREEMENT
The city of Chubbuck development agreement recorded as Inst.
No. are hereby part of this plat.
IRRIGATION CERTIFICATE
Lands within this plat are not entitled to irrigation water
supplied by Fort Hall Irrigation Project, nor any other
irrigation district, and the requirements of Idaho Code
31-3805 are not applicable.
RECORDER'S CERTIFICATE
SURVEYORS NARRATIVE
The purpose of this survey is to replat Burnside Commercial
Park Subdivision, Recorded as Inst. No. 2260041 to the City
of Chubbuck and create a Condominium Plat.
The SW corner of Lot 1 Block 1 was established at
proportional distance along the Northerly Right of Way of 1-86
from found Right of Way monuments. The Southerly Right of
Way line of West Burnside Avenue was established from a
found 1/2" iron rod that is shown on the Burnside Tracts
Addition to the City of Chubbuck.
Basis of bearings for this subdivision S 89°18'50" E from the
W1/4 corner to the C1/4 of Section 10, Township 6 South,
Range 34 East, B.M. per City of Chubbuck datum based on
the central meridian of Idaho State Plane East Zone.
SURVEY REFERENCES
DEED INST. NO. 22025083, 22305792, 22409365
EASEMENT INST. NO. 377339, 575288
CP&F INST. NO. 20520368, 21320661, 21506574
INTERSTATE SUB INST. NO. 575288
BURNSIDE TRACT INST. NO. 615876
YELLOWSTONE COMMONS INST. NO. 21314037
BURNSIDE COMMERCIAL PARK INST. NO. 2260041
SURVEYOR'S CERTIFICATE
I Chris G. Street, a registered Professional Land Surveyor in the
State of Idaho, do hereby certify that a survey was made under
my direction of the land described in the accompanying
boundary description and that the plat upon which this
certification appears was made under my direction. I further
certify that the accompanying map correctly depicts the division
of land as marked upon the ground and that the pertinent
provision of the statutes of the State of Idaho have been
complied with.
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Chris G. Street License No. 12224 Date
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DRAWN BY DESIGN BY CHECK BY
SR
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CGS
JOB NO:
2024-166
DATE:
April 23, 2026
REVISIONS
DATE
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