HomeMy WebLinkAboutItem #2 Mingo Shops Final Plat/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 14, 2026
Re: Final Plat for Mingo Shops
Applicant: Legacy 11 LLC
146 E. Chubbuck Rd. Suite C
Chubbuck, ID 83202
Professional Services: Dioptra LLC
4880 Clover Dell Rd.
Chubbuck, ID 83202
Application: Mingo Shops, approximately 0.60 acres with 1 commercial
building lot and 1 lot dedicated as right-of-way for Mingo Lane.
Located in the SW'/4 of Section 3, Township 6 South, Range 34
East, of the Boise Meridian, on the south side of Mingo Lane
west of Yellowstone Avenue. Generally located at 5015
Yellowstone Avenue.
Existing Zoning: General Commercial (C-2)
Existing Land Use: Residential
Staff Report: The final plat for Mingo Shops substantially conforms to the preliminary plat
approved by the City Council on May 6, 2026. The final plat application has been
reviewed by staff and appears to meet the standards of Titles 16, 17, and 18 of City
Code. Specifically:
• 17.12.130: The final plat application was submitted within the twelve month
validity period
• 17.12.220: The Community Services Director has reviewed the final plat and finds
that is substantially conforms to the approved preliminary plat;
o There is no increase in the number of lots nor any additional streets
o This is no significant change in the configuration of lots or street alignment
o There is no significant change in the size or location of open space
o No other changes have occurred which have affected the reviewed
preliminary plat
• Staff Recommendation:
o Recommend Approval.
o If approved, recommend approval of Findings of Fact and Conclusions of Law.
• Recommended Condition(s) if approved:
o Construction plans be approved by the Development Services Division.
o A successful execution of a development agreement. If staff and Developer
are unable to reach a consensus of requirements for construction through the
development agreement, staff will bring items of disagreement before the
City Council for a final decision.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Final Plat for Mingo Shops
/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
FINAL PLAT FOR MINGO SHOPS, APPROXIMATELY 0.60 ACRES LOCATED ON THE
SOUTH SIDE OF MINGO LANE WEST OF YELLOWSTONE AVENUE. GENERALLY
LOCATED AT 5015 YELLOWSTONE AVENUE.
FACTS
REQUEST: The applicant proposes a 2 lot Preliminary Plat for 1 commercial building lot and 1 lot dedicated as
public right-of-way in the Mingo Shops subdivision. It includes street widening on Mingo Lane and
extension of sewer services to the lots.
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:
Legacy 11 LLC
146 E. Chubbuck Road, Suite C
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra LLC
4880 Clover Dell Road
Chubbuck, ID 83202
LOCATION: SW 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the south
side of Mingo Lane west of Yellowstone Avenue. Generally located at 5015 Yellowstone Avenue.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Residential
PROJECT SIZE: ±0.60 acres
VIEWS: Generally visible from the north and east
TOPOGRAPHY: Slightly sloping to the east
EXISTING STRUCTURES: yes
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; General Commercial (C-2) zone
EAST: Commercial; General Commercial (C-2) zone
SOUTH: Residential; General Commercial (C-2) zone
WEST: Residential; Limited Residential (R-2) zone
RECENT TRAFFIC COUNTS:
2025: Yellowstone Ave. at Circle Inn, 15,944/day
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current access from Mingo Lane.
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 17.12.130, a final plat application was filed in time to be reviewed
in accordance with a preliminary plat which was approved on May 6, 2026.
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 17.12.220, the Community Services Director found that the final
plat application met substantial conformity with the approved preliminary plat.
In accordance with City Code 17.12.230, the record was reviewed on June 3, 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:
1. 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:
/944'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. Construction plans be approved by the Development Services Division.
b. A successful execution of a development agreement. If staff and Developer are
unable to reach a consensus of requirements for construction through the
development agreement, staff will bring items of disagreement before the City
Council for a final decision.
2. The final plat proposal substantially conforms with the approved preliminary plat, meaning that
the following are found:
a. The number of lots have not increased nor has there been a significant change in the
configuration of lots;
b. The street alignment has not changed significantly;
c. No additional streets are proposed;
d. There has not been a significant change, of more than 10%, in the size or location of open
space whether public or private;
e. No other changes have occurred that have affected the reviewed and approved
preliminary plat.
ORDER. CONCLUSION AND DECISION; PERMIT TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Final 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 final plat is valid for a period of two (2) years. Approval of a final 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 final 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 final 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
GpQ
e Q��
'Plastic Cap
PLS 834
1/_S 00'26'05" E
11.54'
157.80'
S 89'22'05 ��ni 353.06'
ROW (R2 -N 89'22'051 W 353.06) R O W
N 89'10'34" W 260.08'
M&K SUBDIVISION
Instr. #22201487
ROW ROW ROW
25.67'
Plastic Cap I- nz-iv ov iv w vv/
Ille able °Na City of Chubbuck
9
r2 Deed Instr. #
�S 8915'57�26006'_
16.51'
I 223.55'
I I
I I
N I I 24.32'
X10 Foot Public Utility Easement
T
MR
S 89°22'05" E 240.38'
o I
-o --- -----I---------------------------------
o00
coM I I
I I
3: I I I
o� I I I
r_o I I
0"0 I I
-•,
Center 1/4 Corner
Section 3
Found 3" Brass Cap Monument 3
In Vault
PLS 12222 5.33'
Per CP&F Instr. #21320659
I
5.98'
I
40.00' �I
ROW
12.90'e 3:*
Owe o
i�
N'
00
Mingo Lane 01
_ _ N N 89'15'57" W 46.02' z
(R6 -N 89'31 " W 47.00)
(See Note #3)
LOT 7
6425.77 Sq. Feet
0.15 Acres
^� I
Mi
93.43' �I
'1
RADIUS
ARC LENGTH
CHORD LENGTH
---------�
0O
C1
20.00'
31.07'
28.04'
N 44°51'33" W
89°01'05"
C2
�\ 00
31.76'
p
S 45'08'17" W
91 °00'00"
C3
20.00'
31.07'
28.04'
N 44'51'49" W
89'00'32"
w
#22401412
I
Record Bearing
o
of
I
#22408120
o
�o
a o
t 0
`l
0
z 0 I I (See Note #1) I N ° a- I
'10LOT 2 (R) BLOCK 1 I o o 0 w N
N z ; 19166.40 Sq. Feet I aD af '� o
20.00' 0.44 Acres r 15.00' I � cyan zI I
I
N
Ln
I I Existing 20 -Foot Sewer Easement
C I I per Instr. #511540 II I I
I I I o o I 10 Foot Public Utility Easement I I
o = I I6 �I
Of
I I I
I I I I I I
16.54'J�46.9�I 15�---113.05'I N 89'15'57"W 46.08'
N 89'15'57" W 260.00' Point of Beginning (R6 -N 89',31- W 47.00)
(R3 -N 89'31 '00" W)
(R5 -N 89'19'30" W 259.92) 15'x30' Storm Water
Retention Pond
CURVE TABLE Easement O I I
0
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
C1
20.00'
31.07'
28.04'
N 44°51'33" W
89°01'05"
C2
20.00'
31.76'
28.53'
S 45'08'17" W
91 °00'00"
C3
20.00'
31.07'
28.04'
N 44'51'49" W
89'00'32"
w ,n
Parish Company
Deed Instr. #20604979
40.00' co
o.
I
N
pof� o
z
South Corner 1/16th West line .
Section 3
Found 5/8" Rebar
2" Aluminum Cap
PLS 15295
Per CP&F Instr. #22600386
. . N 89'15'57" W 2647.96'
SURVEY NARRATIVE
1.) The purpose of this survey is to establish the boundary described in Deed Instr. #22408120 and create 2 new lots (1 Buildable Lot, 1 Right -of -Way).
2.) The north line of the subdivision boundary was determined to be the centerline of Mingo Lane. Also being a parallel line that lies 214.50' north of the south 16th line of Section 3. The centerline of
Mingo Lane was established by found monuments per M&K Subdivision Plat Instr. #22201487 and Smith Subdivision Instr. #21311566.
3.) The north right-of-way of Mingo Lane was established by shown found monuments per M&K Subdivision Plat Instr. #22201487, Smith Subdivision Instr. #21311566 and holding record bearing per M&K
Subdivision Plat Instr. #22201487.
4.) The east line of the subdivision boundary is the west right-of-way Yellowstone Highway. This line was established by a parallel line that lies 40.00' west of the centerline of Yellowstone Highway. Said
centerline was established per ROS Instr. #650521, M&K Subdivision Plat Instr. #22201487, ROS Instr. #762521, ITD Project ST -7231(612), ITD Project F.A.P 78, and ITD Project F.A.P. M-7231(007).
5.) The
south line was determined to be a parallel line that lies
116.50' north of the south
1/16th line of section 3.
6.) The
west line of the subdivision boundary is the east line of
a parcel described in Deed
Instr. #22401412. Also being a line parallel to the Meridional Centerline of Section 3
that lies
300.00' west.
per M&K Subdivision
Plat
7.) The south 1/16th line of Section 3 was established by monuments as shown.
NOTES
1.) Lot 2(R) Block 1 is restricted to Mingo Lane access, no access will be permitted onto Yellowstone Ave.
2.) The 10 -foot Public Utility Easement in Lot 2(R) is to follow the footprint of the existing house until the structure is removed, at which time the easement will revert to the full 10' width
3.) Lot 1 is dedicated Right -of -Way to the City of Chubbuck.
PROJECT
� C' .
�r�o �oLn
O C6
•� N N
O o
00 Z
Zile
O
MI NG O SHOPS
LOCATED IN SW 1/4 SECTION 3, TOWNSHIP 6
SOUTH, RANGE 34 EAST, OF THE BOISE
MERIDIAN, IN THE COUNTY OF BANNOCK.
VICINITY MAP 0 20 40
?Center -South 1 /16th Corner
Section 3
No monument in actual position
6.14' Per CP&F Instr. #22303352
�^
0
o �
o
o�
z � 3
00
6.95 N o
ROW
0
O
El
LEGEND
Subdivision Boundary
Lot Lines
Adjoining Parcels
Easements
Road Centerline
Tie Line
Section Line
Right of Way
Found 5/8" Rebar as noted
Found 1/2" Rebar as noted
Found monument as noted
• Set 1/2" Rebar with Plastic
Cap PLS 15295
O Set 5/8" Rebar with Aluminum
Cap PLS 15295
X Calculated Position
(R1_)
Record Bearing
and Distance
per ROS Instr.
#20425660
Record Bearing
and Distance
(R2-)
per M&K Subdivision
Plat
/Zone. City of Chubbuck Coordinate
Instr. #22201487
(R3-)
Record Bearing
and Distance
I System. GPS observation
per Deed Instr.
#20604979
(R4-)
Record Bearing
and Distance
per Deed Instr.
#22401412
(R5-)
Record Bearing
and Distance
per Deed Instr.
#22408120
(R6-) Record Bearing and Distance
per ROS Instr. #650521
Found ITD centerline o Z COUNTY RECORDERS CERTIFICATE
Brass Cap Monument z i
In survey vault 3
-6.5ft west of section corner
Per CP&F Instr. #21320172 10
South 1/4 Corner
Section 3
Found 3" Brass Cap Monument
In Vault
PLS 343
Per CP&F Instr. #21320172
BASIS OF BEARING
PCEN
Basis of Bearing per Idaho State
Plane Coordinate System East
/Zone. City of Chubbuck Coordinate
I System. GPS observation
P
L�
combination factor: 1.0002579939.
Origin:Lat: N 42°55'40.02279"
�TgTF OF ��P��
Long: W 1 12°27'59.13559"
T K. �P
Height: 4458.10'
All distances are US Survey Feet.
SUBDIVISION BOUNDARY DESCRIPTION
Part of Section 3, Township 6 South, Range 34 East Boise Meridian,
Bannock County, Idaho, more particularly described as;
Commencing at the Center—South 1/16 th corner of Section 3, Township 6
South, Range 34 East and running thence N 00°23'06" W 116.50 feet along
the Meridional centerline line of said Section 3; thence N 89°15'57" W 46.08'
to the True Point of Beginning;
Thence continuing N 89°15'57" W 260.00 feet along the north line of a
parcel described in Deed Instr. #20604979 parallel to the South 1/16th line
of Section 3;
Thence N 00°23'06" W 98.00 feet along the east line of a parcel described
in Deed Instr. #22401412 said line being parallel to the Meridional centerline
of Section 3 to the centerline of Mingo Lane;
Thence S 89°15'57" E 260.06 feet along said centerline of Mingo Lane
parallel to the South 1/16th line of Section 3 to the westerly right—of—way
line of Yellowstone Ave;
Thence S 00°21'00" E 98.00 feet along said westerly right—of—way of
Yellowstone Ave to the Point of Beginning.
Parcel contains ±0.58 acres
OWNER'S CERTIFICATE
Know all men by these presents that we, Chad Toby Harding and Helen
Marlow Harding, the undersigned owners of the tract of land described in
the Boundary Description, have caused the same to be subdivided into a
Block and Lot to hereafter be known as Mingo Shops. It is our intention,
the undersigned owners, to include all the land described in the Boundary
Description on this Plat. The location and dimensions of the Block and Lot
are to be as shown on the accompanying map of the property. All streets,
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. 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
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 benefited by the detention of storm
water flowing from that property which shall be the property adjacent to the
storm water detention facility unless such facilities serves multiple properties
as noted on the plat. We, the owners, hereby certify that surface water for
irrigation is NOT readily available, per I.C. Section 67-6537, and the
requirements of I.C. Section 31 —1805 are not applicable.
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 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.
In witness whereof we, the owners, do here unto set our hands.
COUNTY TREASURER'S CERTIFICATE
Pursuant to 50-1308, Idaho Code: I do hereby certify that all
county property taxes due, both delinquent and current have
been paid on the property described in the shown legal
description through
ounry I reasurer jennITer alar
IRRIGATION CERTIFICATE
The
property included in this plat is
located within the
Fort
Hall Irrigation District,
208238-1992.
However, the
property
is not entitled to
irrigation
rights supplied by Fort
Hall
Irrigation Project, nor
any other
irrigation district, and
the
requirements of I.C. 31-3805
are
not applicable.
HEALTH DEPARTMENT CERTIFICATE
Sanitary restrictions as required by Idaho Code, Title 50,
Chapter 13 are in force. No owner shall construct any
building, dwelling or shelter which necessitates the supplying
of water or sewage facilities for persons using such
premises until sanitary restriction requirements are satisfied.
Southeastern Idaho Public Health Date
Environmental Health Specialist
CULINARY WATER
This subdivision is eligible to receive
water from the City of Chubbuck
municipal systems.
DEVELOPMENT AGREEMENT
The City of Chubbuck Development Agreement recorded as
Instr. # are hereby made a part of this plat.
CITY OF CHUBBUCK
The plat on which this certification appears is
hereby approved by the City of Chubbuck, Idaho
this day of , 202.
ayor �,Ity tnglneer
City Clerk
FLOOD ZONE DESIGNATION
This subdivision is located within Flood Zone "X" per
FEMA Flood Map Panel 16005CO237D.
ACKNOWLEDGEMENT
STATE OF IDAHO )
COUNTY OF BANNOCK )SS
On this day of , 202, before me, a Notary
Public in and for the State of Idaho, personally appeared, Chad Toby
Harding and Helen Marlow Harding, known or identified to me, to be the
managers of Legacy 11 LLC whose names are subscribed to the within
instrument, and acknowledged to me that they executed the some. In
witness whereof, I have hereunto set my hand and affixed my notarial
seal the day and year in the certificate first above written.
Chad Toby Harding Helen Marlow Harding NOTARY PUBLIC MY COMMISSION EXPIRES
Member Member
Legacy 11 LLC Legacy 11 LLC
MI NG O SHOPS
LOCATED IN NW 1/4 SECTION .3, TOWNSHIP
6 SOUTH, RANGE .34 EAST, OF THE BOISE
MERIDIAN, IN THE COUNTY OF BANNOCK.
COUNTY REVIEWING SURVEYOR'S CERTIFICATE
I, Matthew S. Baker, a Reviewing Surveyor in and for
Bannock County do hereby certify that I have
checked this plat and computations shown hereon
and have determined that the requirements of Idaho
Code 50-1305 have been met, I approve the same
for filing this day of 202
Matthew S. Baker PLS #13023
SURVEYORS CERTIFICATE
I, Stewart K. Ward, a Licensed Professional Land Surveyor in the
State of Idaho do hereby certify that a survey was made under my
direction of the premises described in the boundary description and
shown on this plat upon which this certification appears. I further
certify that this plat was prepared under my direction and that the
monumentation shown conforms with that set on the ground and
that the pertinent statutes of the State of Idaho, together with all
local ordinances have been complied with.
Stewart K. Ward, License No. 15295
\CENSF� S��G
P j
sT�F OF
qRT K.
Date
COUNTY RECORDERS CERTIFICATE
rD 1 O PTR A 4880 Clover D811
Rd.
Chubbuck, ID 8320202
73
Ph.2trageo m tic
www.dioptrageomatics.com
Mingo Shops
Drawn By: SKW/HJB Scale:
Date: 12-22-25
Project: 25011
N
0
N
U)