HomeMy WebLinkAboutItem #1Tailwind Condos/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
www.CityofChubbuck.us
To: Honorable Mayor and City Council
From: Development Services Staff
Date: August 29, 2023
Re: Short Plat for Tailwind Condos
Applicant:
Professional Services:
3SP Investments LLC
271 Tailwind Circle
Chubbuck, ID 83202
Dioptra LLC
4880 Clover Dell Road
Chubbuck, ID 83202
Application: Tailwind Condos, approximately 0.95 acres with 11
commercial building lots and 1 common area lot. Located
in the SE'/4 of Section 34, Township 5 South, Range 34
East, of the Boise Meridian, Idaho in Chubbuck, Idaho.
Generally located at 251 and 271 Tailwind Circle.
Existing Zoning: Industrial (1)
Existing Land Use: Vacant
Staff Report: The final plat for Tailwind Condos 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 No secondary pressurized irrigation system including pump station is
required as the property in question has previously relinquished the
irrigation water right.
• 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 Industrial (1) 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 Tailwind Condos construction plans be approved by the Development
Services Division.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Short Plat for Tailwind Condos
1940�t-\
CHUBBUCK
1 0
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
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CHUBBUCK
I D A 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 TAILWIND CONDOS, APPROXIMATELY 0.95 ACRES LOCATED
ON THE SOUTH SIDE OF TAILWIND CIRCLE, GENERALLY LOCATED AT 251 AND
271 TAILWIND CIRCLE
FACTS
REQUEST: The applicant proposes a 12 lot short plat for 11 commercial building lots and 1 common area lot
in the Tailwind Condos 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:
3SP Investments LLC
271 Tailwind Circle
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra LLC
4880 Clover Dell Road
Chubbuck, ID 83202
LOCATION: SE 1/4 of Section 34, Township 5 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the south side of Tailwind Circle, generally located at 251
and 271 Tailwind Circle.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Industrial (1)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±0.95 acres
VIEWS: Generally visible from the north
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: 1 structure on lot 12 currently
under construction
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; Industrial (1)
EAST: Commercial; Industrial (1)
SOUTH: Commercial; Industrial (1)
RECENT TRAFFIC COUNTS:
2019: Industry Way at Southside Way, 526/day
2021: New Day Parkway at Industry Way, 7133/day
Final Plat Approval Form- FFCL
WEST: Commercial; Industrial (1)
SERVICES:
ACCESS STREET: Current Access from Tailwind Circle
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 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 September 6, 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:
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:
CHUBBUCK
1 0
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 drawings be approved by the Development Services Division.
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.
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CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of
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CHUBBUCKN 0
1 0
20
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
I
1- 25'
(Sub-) S 89'10'48" E 671.69'
S 89'09'49" E 671.59'
------ --------------------------------
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BLOCK 1
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j LOT 8
I LOT 7
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-�---- ------ ------ ----------
25'
Tafhv/nd Urae S 89'_46'51' E 4_90.32' -
4-
(Sub- S 89'47'50" E 490.59) -
Found
25' Disturbed
237.90' S 89'46'51" E 154_2_
(Sub- 237.86) 0 126.23 28.00'
G3 0 (Sub- 124.21)BLOCK 1 (Sub- 30.02)
----------------------------------------
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----------------S 89'4642" E 49.00' S 89'46'26" E 49.00
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Brandon Roberts
Inst. # 22214017 a LOT 1
Lot 11 I 1960SF
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251.33'F_ ----
(Sub- 251.36)
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LOT 6
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TAIL WIND CONDOS
A REPLAT OF LOTS 2 AND 3, BLOCK I OF TAILWIND
SUBDIVISION INST. #20727165 LOCATED IN SE 1/4
SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34
EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF
BANNOCK
Vicinity Map
R=55•
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LOT 7 o I
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1960SF
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49' (typ.)
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LOT 6
72.31'
13143.79SF
LOT 8 o n
0.30 Acres
1960SF �N
Common Area
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TAIL WIND CONDOS
A REPLAT OF LOTS 2 AND 3, BLOCK I OF TAILWIND
SUBDIVISION INST. #20727165 LOCATED IN SE 1/4
SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34
EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF
BANNOCK
Vicinity Map
R=55•
RADIUS
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980SF
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55.00'
72.31'
67.21'
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Matt Shiozawa
20.00'
\ Instr. #22117891
15' Existing Utility
Lot 4
Easment
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LOT 10
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19.09'
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LOT 12
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o I LOT 3 LOT 9 I N 16647.72SF
0.38 Acres \ j
980SF
RADIUS
ARC LENGTH
980SF
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55.00'
72.31'
67.21'
N 74'18'11" W
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20.00'
18.55'
17.89'
I LOT 4
53'08'31"
C3
LOT 10
21.21'
19.09'
N 45'13'42" E
980SF
980SF
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LOT 11
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10' Existing Power
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980SF
I line Easment
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S 89'46'40' E 49.00' ----------------
124.20 S 89'4744" E
49.00' ---------- ------------------------
-------135.76'--
(Sub- 124.21)_ 30.97 (sub- 171.21) 1 40.1 3 (Sub- 134.67)
N 89'46'51 W 682.27' _ _ - - - -1 10
2` I Found Bent (Sub- N 89'4341" W 681.45) Found Bent Found BentI tO
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827.32'
34 (Sub- 627.47) _ _ _ _ NewDa✓ftrkwap
✓ _ .. 739.75' (Sub- 739.66).
3 V S 89'36'43" E 2650.75' (Sub- S 89'36'44" E 2650.75)
South 1/4 Corner of section 34
Found 3" ITD Monument in Vault
per CP&F Inst. #21111672
Survey Narrative
1. The purpose of this proposed subdivision is to subdivide lot #2 and #3 of Tailwind
Subdivision into commercial lots and common areas as shown.
2. Parcel boundary was established using property corner monuments found according
to Tailwind Subdivision Inst. 20727165
3. At SW corner of Lot 2 of Block 1 of Tailwind Subdivision, We found the
appropriate property corner bent with plastic yellow cap "RMES PLS. #2341" also
found rebar with red plastic cap "Prime Vision" with no PLS, we assume this is for
building control for building placed on Lot 1 of Block 1 of Tailwind Subdivision.
Elite Services INC.
Inst. # 20511700
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
C1
55.00'
72.31'
67.21'
N 74'18'11" W
75'19'42"
C2
20.00'
18.55'
17.89'
N 63'12'36" W
53'08'31"
C3
1 13.50'
21.21'
19.09'
N 45'13'42" E
90'01'05"
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1083.67 (Sub- 1063.60) 34 35
3 r2
SE Corner Section 34
Found 2" Aluminum Cap
PLS. #19405 Per
CP&F Inst. #22300404
BASIS OF BEARING
Basis of bearing per Idaho State Plane Coordinate
System - East Zone. City of Chubbuck Coordinate
System. GPS observation factor: 1.0002554367
LEGEND
Parcel Boundary
Adjoining Parcels
--- Easements
Road Center Line
Lot Line
- • • - • • - • •
- Section Lines
Set 1/2" Rebar with Plastic
Cap PLS 15295
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Found 1/2" Rebar with Plastic
Cap PLS. #2341
IL
Found 5/8" Rebar
Per Subdivision Plat Inst. #20727165
❑
Found Aluminum Cap in vault
X
Calculated Position
Record Bearing and Distance
per Subdivision Plat Inst. #20727165
SURVEYORS CERTIFICATE
I, Stewart Ward, a Licensed Professional Land
Surveyor in the state of Idaho do hereby certify
that this plat is an accurate representation of
this survey completed under my supervision.
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COUNTY RECORDERS CERTIFICATE
SUBDIVISION BOUNDARY DESCRIPTION
A Parcel of land known as lot 2 and lot 3, Block 1 of Tailwind
Subdivision, located in the Southeast quarter of Section 34, Township 5
South, Range 34 East, Boise Meridian, Bannock County, Idaho, Described
as follows:
Commencing at the Northwest corner of lot 2 of said Tailwind
Subdivision, as shown in Tailwind Subdivision Instrument #20727165, this
being the Point of Beginning.
Thence South 89°46'51" East along the North line of lot 2 and 3 of
Tailwind Subdivision a distance of 154.23' to the beginning of a tangent
curve to the right; Thence along the right—of—way and said tangent
curve to the right a distance of 18.55' (Curve Data; Radius= 20',
Chord= S 63'12'36" E 17.89', Delta angle= 53'08'31") along the North
line of lot 3 of Tailwind Subdivision. Thence continuing along the
right—of—way a tangent curve to the left a distance of 72.31' ( Curve
Data: Radius= 55' Chord= S 74'18'11" E 67.21', Delta angle=
75°19'42") continuing along the north line of lot 3 of Tailwind
Subdivision to the North East corner of lot 3. Thence South 21'58'23"
for a distance of 159.22' along the east line of lot 3 of Tailwind
Subdivision to the South line of Tailwind Subdivision. Thence North
89'46'51" West a distance of 295.30' along the south line of lots 2
and 3 of Tailwind Subdivision to the South West Corner of lot 2. Thence
North 00'13'14" East a distance of 173.36' along the west line of lot 2
of Tailwind Subdivision to the Point of Beginning. Containing 0.954 Acres
OWNER'S CERTIFICATE
Know all men by these presents that I, 3SP Investments LLC, the
undersigned owner of the tract of land described in the Boundary
Description, have caused the same to be subdivided into 4 blocks to
hereafter be known as Tailwind Condos Subdivision. It is my intention, the
undersigned owner, 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.
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.
Manager — Marty Stark
ACKNOWLEDGEMENT
STATE OF IDAHO )
COUNTY OF BANNOCK ) ss
On this day of , 2023, before me, a Notary Public
in and for the State of Idaho, personally appeared, Marty Stark hereby
know as manager of 3SP Investments LLC., known or identified to me,
to be the persons whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same. In witness
whereof, I have hereunto set my hand and affixed my notarial seal the
day and year in the certificate first above written.
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
IRRIGATION CERTIFICATE
The property included in this plat is located within the
Fort Hall Irrigation District. 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.
CITY OF CHUBBUCK
The plat on which this certification appears is
hereby approved by the City of Chubbuck, Idaho
this day of , 2023.
Mayor City Engineer
City Clerk
CULINARY WATER
This subdivision is eligible to receive
water from the City of Chubbuck
municipal systems.
RESTRICTIVE COVENANTS
The articles of protective covenants recorded as
Instr. # are
hereby made a part of this plat.
DEVELOPMENT AGREEMENT
The City of Chubbuck Development Agreement
recorded as Instr. # , are hereby
made a part of this plat.
TAIL WIND CONDOS
A REPLAT OF LOTS 2 AND 3, BLOCK 1 OF
TAILWIND SUBDIVISION INST. #20727165 LOCATED
IN SE 1/4 SECTION 34, TOWNSHIP 5 SOUTH,
RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE
COUNTY OF BANNOCK
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 SURVEYOR'S CERTIFICATE
I, , an Examining 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 2023.
PLS
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 PLS# 15295 Date
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COUNTY RECORDERS CERTIFICATE