HomeMy WebLinkAboutItem #1 Patriot Square East Short Plat/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: December 19, 2022
Re: Short Plat for Patriot Square Commercial - East
Applicant: Patriot Commercial Properties LLC
146 E. Chubbuck Rd.
Chubbuck, ID 83202
Professional Services: Dioptra LLC
4880 Clover Dell Rd.
Chubbuck, ID 83202
Application: Patriot Square Commercial - East, approximately 1.00 acre
with 2 commercial lots. Located in the NE'/4 of Section 10,
Township 6 South, Range 34 East, of the Boise Meridian,
Idaho in Chubbuck, Idaho. Generally located on the west
side of Branson Dr., adjacent south of AmeriTitle.
Existing Zoning: General Commercial (C-2)
Existing Land Use: Vacant
Staff Report: The final plat for Patriot Square Commercial - East 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:
• 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
• 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 drawings be approved by the Development Services Division.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Short Plat for Patriot Square Commercial - East
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
SHORT PLAT FOR PATRIOT SQUARE COMMERCIAL — EAST, APPROXIMATELY
1.00 ACRE LOCATED ON THE WEST SIDE OF BRANSON DR., ADJACENT SOUTH
OF AMERITITLE
FACTS
REQUEST: The applicant proposes a 2 lot short plat for 2 commercial building lots in the Patriot Square
Commercial — East subdivision. It includes extending water and sewer services to 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:
Patriot Commercial Properties LLC
146 E. Chubbuck Road
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra LLC
4880 Clover Dell Road
Chubbuck, ID 83202
LOCATION: NE 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the west side of Branson drive, adjacent south of AmeriTitle.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±1.00 acre
VIEWS: Generally visible from the east
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: none
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; General Commercial (C-2)
EAST: Residential; Limited Residential (R-2)
SOUTH: Commercial; General Commercial (C-2)
WEST: Commercial; General Commercial (C-2)
RECENT TRAFFIC COUNTS:
2021: E. Chubbuck Rd. @ Branson Dr., 14,520/day
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current Access from Branson Dr.
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:
In accordance with City Code 17.12.200 and Resolution 2022-07, 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 January 4, 2023 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:
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. Construction drawings be approved by the Development Services Division.
/9470'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
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;
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
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
194�0t\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
194�0t\
CHUBBUCK
1 0
Final Plat Approval Form- FFCL
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
BOUNDARY DESCRIPTION
N 89°28'08" U
932.15'
East 1/16 Corner
Lot 1 B, Block 1 of Patriot Commercial Subdivision Lot 1 North Line Section 10
Replat Instr. #22024698 and Lot 2, Block 1 of Patriot Found 2" Aluminum Cap PLS 10900
Square Commercial Subdivision Instr. #21700391 , also being Per CP&F #20700877
a part of Section 10, Township 6 South, Range 34 East of
the Boise Meridian, located in Bannock County Idaho, particularly
described as follows;
Commencing at the Northeast corner of said Section 10 and running
thence N 89°28'08" W 430.30 feet along the north line of said
Section 2, thence S 00°29'28" E 40.01 feet to the northwest corner
of Lot 1A of Patriot Commercial Subdivision Lot 1 Replat, thenc
continuing S 00°29'28" E 165.24 to the northwest corner of said Lot
1B, said point being the True Point of Beginning;
Thence S 89°59'48" E 157.15 feet along the north line of said Lot
1 B to a point on the west right of way line of Branson Drive; thence
S 01°04'20" E 292.41 feet along said right of way line to the
southeast corner of said Lot 2; thence N 89°59'48" W 132.65 feet
along the south line of said Lot 2 to the southwest for of said Lot
2; thence N 00°33'26" W 115.43 feet along the west line of said Lot
2 to tangent curve to the left; thence along said curve for a
distance of 67.86 feet (Curve Data: Radius = 250.00', Delta =
15°33'05", Chord = N 08°19'59" W 67.65') to a point on the west
line of said Lot 1 B; thence N 1 6°06'33" W 42.96 feet to a tangent
curve to the right; thence along said tangent curve to the right
54.29 feet (Curve Data: Radius = 200.00', Delta = 15°33'07", Chord
= N 08'19'59" W 54.12'); thence N 00°29'28" W 15.15 feet to the
Point of Beginning.
Containing ±1.00 Acres
OWNER'S CERTIFICATE
POINT OF BEGINNING
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 a Block and Lots to hereafter be known as
Patriot Square Commercial — East Subdivision. 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, water, and sewer 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 where of we, the owners, do here unto set our hand.
PATRIOT COMMERCIAL PROPERTIES, LLC
JON THUERNAGLE, MEMBER
ACKNOWLEDGEMENT
STATE OF IDAHO )
COUNTY OF BANNOCK ) SS
S 00°29'28" E
15.15'
1362.45' E. Chubbuck Road
Monumented Basis of Bearing �' 430.30'
S 00'29'28" E
40.01'
S 89°28'08" E 131.08'S 45°21'01" E
—AV 34.39'
S 00'29'28" E Patriot Square Commercial
f 165.24' Subdivision Lot 1 Replat
Instr. #22024698 S 1399.89.89', 20" E
I ��
S 89°59'48" E 157.15'
I
0
Existing 10'
Public Utility
Easement I
I
LOT 2
Patriot Square ±0.51 ACRES I
Commercial Subdivision
Instr. #21700391 I
i�
LOT 12 I 00
I
N I
r
------------ iN----- ----�— F-----�—
I I I
M
0 30' Public Utility I I I
Easement per Inst. I I I
S 89°38'21 " E Z 20105027
----57.82' -------—-----�—
I I I
06 10' Public Utility N
LOT 3 ' I Easement per Inst. i M
528776
I I 45.07'
N 89°59'48" W 13 1.65' I I
I
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
EXAMINING SURVEYOR'S CERTIFICATE
On this day of , 2023, Jon Thuernagle,
S 89°52'05" E
Section Line
A=6.10'
� 12.52'
Member of Patriot Commercial Properties LLC, personally
_ — —
S 00°07'55" W
10' Public Utility Easement
per
10.00'
I, ------------, an Examining
------
-1
State of Idaho and acknowledged to me that he executed the
Existing 10'
T
checked this plat
Public Utility
N 89°52'05" W
computations shown hereon and
Easement
11.85'
the
A=54.29'
requirements of Idaho Code 50-1305
Found 5/8" Rebar
R=200.00'
I approve
LOT 1B
,�=15°33'07"
day
of , 2023.
B=N 08°19'59"
W y
±0.49 Acres
C=54.12'
#22024698
a;
0
rn. �
W,
N
9VA=15.09'
rn
N 89°59'48" W 136.19'
(Old Lot 1 B South Line)
' A=19.74'
Total Curve
A=67.86'
N 89°59'48" W 133.06'
R=250.00
0=15°33'05" v
B=N 08°19'59" WW
C=67.65' o
w
I
0
Existing 10'
Public Utility
Easement I
I
LOT 2
Patriot Square ±0.51 ACRES I
Commercial Subdivision
Instr. #21700391 I
i�
LOT 12 I 00
I
N I
r
------------ iN----- ----�— F-----�—
I I I
M
0 30' Public Utility I I I
Easement per Inst. I I I
S 89°38'21 " E Z 20105027
----57.82' -------—-----�—
I I I
06 10' Public Utility N
LOT 3 ' I Easement per Inst. i M
528776
I I 45.07'
N 89°59'48" W 13 1.65' I I
I
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
EXAMINING SURVEYOR'S CERTIFICATE
On this day of , 2023, Jon Thuernagle,
Section Line
Lot Line
Member of Patriot Commercial Properties LLC, personally
Adjoining Parcels
10' Public Utility Easement
per
appeared before me, the undersigned Notary Public for the
I, ------------, an Examining
Surveyor in and for
Bannock
State of Idaho and acknowledged to me that he executed the
County do hereby certify that I
have
checked this plat
and
herein instruments on behalf of the said corporation, and that
computations shown hereon and
have
determined that
the
said corporation executed the same. In witness whereof, I have
requirements of Idaho Code 50-1305
Found 5/8" Rebar
have been met,
I approve
hereunto set my hand and affixed my official seal this day.
the same for filing this
day
of , 2023.
NOTARY PUBLIC MY COMMISSION EXPIRES
????????????????? PLS ?????
0
cn
3 W 2
10 11
Found ITD Brass Cap in Vault
PLS 10900
Per CP&F #20520363
RESTRICTIVE COVENANTS
The articles of protective covenants
recorded as Instr. #21700390, are hereby
made a part of this plat.
CULINARY WATER
This subdivision is eligible to receive water
from the City of Chubbuck municipal
systems.
DEVELOPMENT AGREEMENT
PATRIOT SQUARE
COMMERCIAL -EAST
LOCATED IN NE 1/4 SECTION 10,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
The
The City of Chubbuck Development Agreement
recorded as Instr. # are hereby
made a 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 requirement of Idaho
Code 31-3805 are not applicable.
BASIS OF BEARING
ABasis of bearing per Idaho State Plane
Coordinate System — East Zone. City of
Chubbuck coordinate system. Based on
vs IDPO CORS station with combination factor
M of 1.0002579939.
COUNTY RECORDERS CERTIFICATE
Instr. No.
•
M
Date Time 0
Records of Bannock County
State of Idaho
L
COUNTY RECORDER — JASON DIXON
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 , 2023.
SOUTHEASTERN IDAHO PUBLIC HEALTH
ENVIRONMENTAL HEALTH SPECIALIST
CITY OF CHUBBUCK P
The plat on which this certification appears is
hereby approved by the City of Chubbuck, Idaho
this day of , 2023.
VICINITY MAP
LEGEND
Parcel Boundar
Y
Section Line
Lot Line
Adjoining Parcels
10' Public Utility Easement
per
— - Patriot Square Commercial Subdivision
Instr. #21700391
Set 1/2" Rebar with Plastic Cap PLS 15295
Found 1/2" Rebar
with Plastic Cap PLS 15295
per Patriot Square
Commercial Subdivision
Instr. #21700391,
Replaced with 5/8" Rebar
with Aluminum Cap
PLS 15295
Found 1/2" Rebar
per Patriot Square
Commercial Subdivision
Instr. #21700391
Found 5/8" Rebar
with Plastic Cap PLS 15295
per Patriot Square
Commercial Subdivision
Instr. #21700391
Found 1/2" Rebar
with Plastic Cap PLS 15295
per Patriot Square
Commercial Subdivision
Lot 1 Replat Instr.
#22024698
SURVEY NARRATIVE
The purpose of this survey is to replat Lot 1 B of the Patriot
Square Commercial Subdivision Lot 1 Replat and Lot 2, Block 1
of Patriot Square Commercial Subdivision. This replat moves the
north line of Lot 2 tot he south 19.41' to accommodate
proposed buildings.
The boundary lines were determined by found monuments per
Patriot Square Commercial Subdivision and Patriot Square
Commercial Subdivision Lot 1 Replat as shown.
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
�NNL LAND pertinent statutes of the State of Idaho, together with all
�\CENSFD SG��c local ordinances have been complied with.
L� STEWART K. WARD, LICENSE NO. 15295
STS F OF �P�O
KEVIN ENGLAND, MAYOR BRIDGER MORRISON, PE
JOEY BOWERS, CITY CLERK
Date