HomeMy WebLinkAboutItem #3 Academy Campus/a 0�t\
CHUBBUCK
I o A H o
Memo
Community Services Department
Development Services Division
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Honorable Mayor and City Council
From: Development Services Staff
Date: June 28, 2022
Re: Final Plat for The Academy Campus
Applicant:
Professional Services
The Academy Inc.
1295 Alpine Ave.
Chubbuck,ID 83202
Dioptra LLC
4880 Clover Dell Rd.
Chubbuck,ID 83202
Application: The Academy Campus, approximately 18.32 acres with 4
building lots and 3 lots dedicated to the public for right-of-way.
Located in the NW'/4 of Section 9, Township 6 South, Range 34
East, of the Boise Meridian, on the east side of Philbin Road
north of Interstate 86. Generally located at 1295 Alpine Avenue.
Existing Zoning: Limited Residential (R-2)
Existing Land Use: Elementary School / Vacant
Staff Report: The final plat for The Academy Campus substantially conforms to the
preliminary plat approved by the City Council on June 15, 2022. The final plat
application has been reviewed by staff and does not meet the standards of Titles 16, 17,
and 18 of City Code. Specifically:
• 16.12.020.Q: Pedestrian walks within the street right-of-way, together with
concrete curbs and gutters approved by the city, and paved vehicular traffic area,
shall be required on all streets in a proposed development. Applicant is
requesting to waive/delay these requirements along the Philbin Road frontage of
lot 6, block 1.
• 17.16.020.6: The developer shall dedicate to the public, any street as defined in
chapter 17.08 of Chubbuck Municipal Code.
• 17.12.130: The final plat application was submitted within the twelve months
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 with the following conditions.
✓ The requirements of Title 16.12.020.Q be met providing street widening,
curb and gutter, and sidewalk along the Philbin Road frontage of lot 6,
block 1 including all suggested striping on Philbin Road, Alpine Ave. and
Sawtooth St.
✓ Prior to the final plat mylar being submitted for signatures, the property
listed as parcel number RPRCCPCO25729 needs to be dedicated to the
public as right-of-way.
✓ Construction plans/drawings be approved by the Development Services
Division.
✓ An irrigation pump fee of $2,971.90 per acre be collected with each
building permit issued.
o If approved, recommend approval of Findings of Fact and Conclusions of Law.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Final Plat for The Academy Campus
1940�t-\
CHUBBUCK
1 0
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
laofk\
CHUBBUCK
I D A H O
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
FINAL PLAT FOR THE ACADEMY CAMPUS, APPROXIMATELY 18.32 ACRES
LOCATED AT THE INTERSECTION OF PHILBIN ROAD AND ALPINE AVENUE
FACTS
REQUEST: The applicant proposes a 7 lot Final Plat for 4 building lots and 3 lots dedicated to the public for
right-of-way in the The Academy Campus subdivision. It includes improvements for the previously
dedicated but unimproved Alpine Avenue, and additional dedication and improvements for Alpine Ave.
including the extension of public utilities.
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:
The Academy Inc.
1295 Alpine Ave.
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra LLC
4880 Clover Dell Road
Chubbuck, ID 83202
LOCATION: NW 1/4 of Section 9, Township 6 South, Range 34 East, of the Boise Meridian, on the east
side of Philbin Road north of Interstate 86. Generally located at 1295 Alpine Ave.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Residential (R-2)
CURRENT LAND USE: Elementary School / Vacant
PROJECT SIZE: 18.32 acres
VIEWS: Generally visible from all directions
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Elementary School
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS:
2021: Philbin Rd at Chubbuck Rd, 6896/day
2021: Philbin Rd at Yuma St, 7260/day
NORTH: Agriculture; Limited Residential (R-2) zone
EAST: Residential; Limited Residential (R-2) zone
SOUTH: Residential; City of Pocatello Residential High Density (RH) zone
WEST: Light Industrial; Bannock County Light Industrial zone
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current access from Alpine 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.
PROCEDURES:
1. In accordance with City Code 17.12.200 and Resolution 2020-03, 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.
2. 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 June 15, 2022.
3. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular
Meeting of the City Council.
4. 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.
S. In accordance with City Code 17.12.230, the record was reviewed on July 6, 2022 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:
1940�t-\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. The requirements of Title 16.12.020.Q be met providing street widening, curb & gutter, and
sidewalk along the Philbin Road frontage of lot 6, block 1 including all II suggested striping
on Philbin Road, Alpine Ave. and Sawtooth St.l
b. Prior to the final plat mylar being submitted for signatures, the property listed as parcel
number RPRCCPCO25729 needs to be dedicated to the public as right-of-way.
c. Construction plans/drawings be approved by Development Services Division.
d. An irrigation pump fee of $2,971.90 per acre be collected with each building permit issued.
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
194�0t\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
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
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
194�0t\
CHUBBUCK
1 0
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Northwest Corner Section 9
Found Brass Cap in Vault
per CP&F #20520360
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McNabb Family Trust
The Academy Inc.
Deed #20724483
Deed #21902772
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R2 -N 89'4422 W 230.03' Alpine Avenue
e3 -N 89'4422" W 619.77' (81-66.00) p The Academy Sub .
66 (R3 -N 89'4422" W 619.84)
to
Q 66.00'
3 49'
(Ri-30.49)
(R2-66.00)
plat 21500997
(R3-66.00) (Ri-N 89•f422" W 619.84) #
A=47.61'
Lot 4 - - - --
R=30.00'
0=90'55'14"
0.99 Acres 15' Public uer
easement
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C=42.77'
Easement #2 and #3
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Block 1
Deed #21500997
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inn 9
640.34'
West 1/4 Comer
6
Section 9 (R2-60.081 f -60.00'l
S 89°44'22" E 1166.06'
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Found Aluminum Cap (R3-60.00)
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in Vault
per CP&F #20520366
Survey Narrative
1. The purpose of this plat is to replat Lots 1 & 3 Block 1 of The Academy Subdivision, Instr #21500997, and
to include additional parcels purchased by The Academy Inc. (Deed Instr. #21902772 and Deed Instr
#21901587).
2. Lot 4 Block 1 as shown on this plat is the some as Lot 3 Block 1 on The Academy Instr. #21500997
This lot will be re -dedicated as right-of-way for Alpine Ave. as part of this plat.
3. Lot 4 Block 1, Lot 7 Block 1 and Lot 3 Block 1 are dedicated to the public as right-of-way for Alpine Ave.
4. The boundaries of this subdivision were determined by found monuments from The Academy, Instr.
#21500997, Record of Survey Instr. #21802195, Record of Survey Instr. #21903710 and Record of Survey Instr
#21415584.
5. There is a strip of land (Deed Instr. #20724483) that lies between Lot 6 Block 1 and Deed Instr. # that is
owned by the Margaret McNabb Family Trust. This parcel is not included in the subdivision an will be retained by
the McNabb Family Trust.
6. Fort Hall Irrigation Project has a 70 -foot -wide (35 -foot half width) right-of-way for Redman Canal. No
modifications or encroachment within the limits of the United States right-of-way for Redman Canal will be
allowed without written approval by the Bureau of Indian Affairs. The easement sideline is located 35 feet to
each side of the centerline of Redman Canal.
SEICAA
Deed #22004506
SEICAA
A=250.08' -- \ Deed #22004506
R-500.00'
/ 4=28°39'25"
_[/\B -S 75'24'39" E
C-247.48'
33,
Group 5 LLC a
R=467.00' \ Deed #22103203 �c7/
B=S 75'24'39" E \
C=231.15' Lot 3 S s7: s s,• \
0.55 Acres
\�� X67• \6 s Fs& \�
15' Public \ 56.,E Fog 16,
Utility Easement 5 3
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� 33' \
Lot 2
__
5.51 Acres
The Academy Inc.
Deed #21902772
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THE ACADEMY CAMPUS
A REPLAT OF THE ACADEMY SUBDIVISION
LOCATED IN NW 1/4 SECTION 9,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
0 100 200
LEGEND
Parcel Boundary
Lot Lines
Lot Lines
- - - - - - - - - Proposed Easements
Existing Easements
Section Line
Center Comer Section 9
Found %" Rebar w/ Aluminum Cap
Marked Alpine Eng. 2652
per CP&F #20520367
9
1410.73
N 89'44'22" W 2636.82' (R3-)
(R-1 N 89'4422" W 2636.62)
(R-2 N 89-44-22- W 2636.82)
(R -J N 89.4422" W)
7. The Redman Canal right-of-way will also serve as a dedicated easement to the City of Chubbuck for access
and recreation conditional upon written approval from the Bureau of Indian Affairs.
8. No direct vehicular access will be allowed onto Philbin Road for Lot 1 and Lot 6 Block 1.
9. Lot 5 and Lot 6 Block 1 will share a common access location onto Alpine Ave. at a location that complies
with "Access Management Guidelines -Bannock Transportation Planning Organization"
BASIS OF BEARING
Basis of bearing per Idaho State Plane
Coordinate System - East Zone. City
of Chubbuck coordinate system. Based
on IDPO CORS station with combination
factor of 1.0002579939.
Set 5/8" Rebar
Aluminum Cap PLS 15295
Set 1/2" rebor with Plastic
Cap PLS 15295
Found 5/8" Iron Rod,
w/ PL Cap PLS 15295
per ROS Instr. #21415584
Found 5/8" Iron Rod
w/ Alum Cap PLS 2341
per ROS Instr. #21903710
Found ITD Brass Cap
Right of Way Monument
Found 1/2" Rebar with
Plastic Cap PLS 12224
per ROS Instr. #21802195
Found 1/2" Rebar
No Cap
Record Bearing and Distance
per Deed Instr. #21500997
Record Bearing and Distance
per ROS Instr. #21802195
Record Bearing and Distance
per ROS Instr. #21903710
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BOUNDARY DESCRIPTION
A parcel of land located in the Northwest 34 Section 9, Township 6 South Range 34 East,
Boise Meridian, Bannock County, Idaho, Described as Follows;
Commencing at the West Quarter corner of Section 9, Township 6 South, Range 34 East
and running thence S 89'44'22" E 60.00 feet along the Latitudinal centerline of said
Section 9, to a point on the East Right of Way of Philbin Road, said point being the True
Point of Beginning,
Thence S 89'44'22" E 1166.06 feet along the North Right of Way of Interstate 86 to the
Southwest corner of a Parcel described in Deed Instr. #22103203,
Thence following four (4) courses along the Southern part of said Parcel, 1) Thence
N 28'55'14" E 283.64 feet,
2) Thence N 61'04'56" W 485.43 feet to a point on a tangent curve to the left,
3) Thence along said curve to the left 250.08 feet (Curve
Data: Radius = 500.00', Delta = 28'39'25", Chord = N 75'24'39" W 247.38'),
4) Thence N 89'44'22" W 4.74 feet to the West line of said Parcel,
Thence N 00'39'40" W 177.87 feet along said West line to Centerline of Redman Latteral
Canal,
Thence N 72'05'49" W 685.91 feet along said line to the East line of a Parcel described
Deed Instr. #20724483,
Thence S 00'39'36" E 418.78 feet along said Parcel to the North line of Lot 2 of
Block 1 The Academy Subdivision Instr. #21500997,
Thence S 89'44'22" E 30.49 feet along said Lot to a point on the Westerly line of
Lot 1 Block 1 of Said Subdivision and a cusp of a non—tangent curve to the left,
Thence Southwesterly along said curve to the left 47.61 feet (Curve
Data: Radius = 30.00', Delta = 90'55'14",
Chord = S 44'48'01" W 42.77') Along the West Line of Said Lot 1,
Thence S 00'39'36" E 180.55 feet along said West Line,
Thence S 02'34'21" E 299.29 feet along said West Line to the True Point of Beginning
Parcel contains ±18.32 acres, more or less.
OWNER'S CERTIFICATE
Know all men by these presents that we, the undersigned owners of the tract of land
described in the Boundary Description, have caused the same to be subdivided into a Block
and Lots to hereafter be known as The Academy Campus. It is the intention of we, the
undersigned owners, to include all the land described in the Boundary Description in this Plat.
The locations and dimensions of the Block and Lots 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.
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.
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 hereunto set our hand.
Joey Bowers, City Clerk Kevin England, Mayor
City of Chubbuck City of Chubbuck
Lot 4, Block 1 Lot 4, Block 1
The Academy Inc.
Joel Lovestedt, Administrator
ACKNOWLEDGEMENT
STATE OF IDAHO SS
COUNTY OF BANNOCK
On this day of , 2022, Joel Lovestedt,
Administrator of The Academy Inc, personally appeared before
me, an undersigned Notary Public for the State of Idaho and
acknowledged to me that they executed the herein instruments.
In witness whereof, I have hereunto set my hand and affixed
my official seal this day.
NOTARY PUBLIC My Commission Expires
ACKNOWLEDGEMENT
STATE OF IDAHO SS
COUNTY OF BANNOCK
On this day of , 2022, Joey Bowers, Clerk
of the City of Chubbuck and Kevin England, Mayor of the City
of Chubbuck, personally appeared before me, an undersigned
Notary Public for the State of Idaho and acknowledged to me
that they executed the herein instruments. In witness whereof, I
have hereunto set my hand and affixed my official seal this
day.
NOTARY PUBLIC My Commission Expires
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.
HEALTH DEPARTMENT CERTIFICATE
A sanitary restriction according to Idaho Code 50-1326
through 50-1329 is imposed on this plat. No building,
dwelling, or shelter shall be erected until the sanitary
restrictions requirements are satisfied and lifted.
This plat is approved and sanitary restrictions are satisfied
and lifted this day of , 2022.
Southeastern Idaho Public Health
Environmental Health Specialist
CITY OF CHUBBUCK
The plat on which this certification appears is
hereby approved by the City of Chubbuck, Idaho
this day of , 20 .
Mayor City Engineer
City Clerk
IRRIGATION CERTIFICATE
Lands within this plat are entitled to irrigation water
supplied by Fort Hall Irrigation Project. Delivery of
irrigation water from the Project to individual lots
has been done in compliance with Idaho Code
Section 31-3805(b) and City of Chubbuck Code
Section 16.12.230. Property owners will be obligated
for assessments through Fort Hall Irrigation Project
and/or the City of Chubbuck.
FORT HALL IRRIGATION PROJECT ACCEPTANCE
Fort Hall Irrigation Project has reviewed the plat and
accepted the easements as shown.
Irrigation Project Manager Date
RESTRICTIVE COVENANTS
The articles of protective covenants recorded
as Instr. are hereby made a
part of this plat.
THE ACADEMY CAMPUS
A REPLAT OF THE ACADEMY SUBDIVISION
LOCATED IN NW 1/4 SECTION 9,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
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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 Date
COUNTY REVIEWING SURVEYOR'S CERTIFICATE
I, Gerald V. Evans , 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 20 .
Gerald V. Evans PLS# 10342
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
County Treasurer — Jennifer Clark Date
COUNTY RECORDERS CERTIFICATE