HomeMy WebLinkAboutItem #05 Concord CornerCommunity Services Department
Development Services Division
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Memo
To: Honorable Mayor and City Council
From: Development Services Staff
Date: November 28, 2023
Re: Short Plat for Concord Corner
______________________________________________________________________________
Applicant: Thomas Nelson
P.O. Box 2373
Pocatello, ID 83206
Professional Services: Sunrise Engineering
600 E. Oak St.
Pocatello, ID 83201
Application: Concord Corner, approximately 0.75 acres with 4
commercial lots and 1 common area lot. Located in the SE
¼ of Section 34, Township 5 South, Range 34 East, of the
Boise Meridian, Idaho in Chubbuck, Idaho. Generally
located at 291 Tailwind Circle.
Existing Zoning: Industrial (I)
Existing Land Use: Vacant
Staff Report: The final plat for Concord Corner 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
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
o The secondary pressurized irrigation is not required for this development
as the irrigation water rights have been previously relinquished.
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 (I) 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 Construction plans/drawings be approved by the Development Services
Division.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Short Plat for Concord Corner
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 CONCORD CORNER, APPROXIMATELY 0.75 ACRES LOCATED
AT 291 TAILWING CIRCLE
FACTS
REQUEST: The applicant proposes a 5 lot short plat for 4 commercial building lots and 1 common area lot in
the Concord Corner 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:
Thomas Nelson
P.O. Box 2373
Pocatello, ID 83206
PROFESSIONAL SERVICES:
Sunrise Engineering
600 E. Oak St.
Pocatello, ID 83201
LOCATION: SE ¼ of Section 34, Township 5 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located at 291 Tailwind Circle.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Industrial (I)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±0.75 acres
VIEWS: Generally visible from the west
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: none
RECENT TRAFFIC COUNTS:
2021: W. Siphon Rd at Yellowstone Ave, 3628/day
2021: Yellowstone Ave at Siphon Rd, 10492/day
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; Industrial (I)
EAST: Vacant/Residential; Creative Community – Northside Crossing (CC-NC)
SOUTH: Commercial; Industrial (I)
WEST: Commercial; Industrial (I)
SERVICES:
ACCESS STREET: Current Access from Tailwind Circle.
FIRE/EMS PROTECTION: City of Chubbuck Fire Department
Final Plat Approval Form‐ FFCL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
SANITARY SEWER: City of Chubbuck Sewer Utility Department
CULINARY WATER: City of Chubbuck Water Utility Department
SURFACE WATER RIGHTS: None
PROCEDURES:
1. In accordance with City Code 17.12.200 and Resolution 2023-09, 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 17.12.210, the application was scheduled to be heard at a Regular
Meeting of the City Council.
3. In accordance with City Code 17.12.230, the record was reviewed on December 6, 2023 by the
City Council.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §50-13, Plats and Vacations
b. §67-6513, Subdivision Ordinance
2. Chubbuck Comprehensive Plan (as amended)
3. 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.
2. 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.
Final Plat Approval Form‐ FFCL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
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____.
__________________________________
Kevin B. England, Mayor
ATTEST:
__________________________________
Joey Bowers, Clerk
N 21°59'25" W 159.95'N 89°43'41" W 134.67'S 1°12'43" E 199.37'S 89°49'50" E 155.94'C
1171.21'197.51'S 89°47'50" E 490.59'S 0°12'10" W 173.81'C2C3C4C5C630.02'11.77'123.35'124.21'S 1°12'43" E 160.00'N 88°47'17" E 64.00'N 88°47'17" E 64.00'N 88°47'17" E 60.00'N 88°47'17" E 64.00'N 88°47'17" E 60.00'S 1°12'43" E 44.00'S 1°12'43" E 44.00'
20.00'24.00'
16.00'16.00'
24.00'20.00'
40.00'40.00'40.00'40.00'
L7L8
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L6LINE TABLE#L1L2L3L4L5L6L7L8BEARINGN 88°47'17" EN 88°47'17" EN 88°47'17" EN 88°47'17" EN 44°28'44" ES 48°37'19" ES 01°12'43" ES 01°12'43" EDISTANCE4.00'4.00'4.00'4.00'29.03'28.21'20.00'20.00'CURVE TABLE#C1C2C3C4C5C6RADIUS55.00'20.00'55.00'55.00'55.00'20.00'Δ67°50'25"53°07'48"72°21'30"70°44'18"75°19'23"53°07'48"ARCLENGTH65.12'18.55'69.46'67.90'72.31'18.55'TANGENT36.99'10.00'40.22'39.04'42.45'10.00'CHORDBEARINGN 34°05'22" EN 63°38'16" ES 73°15'07" WN 35°11'59" WS 74°19'43" EN 63°13'56" WCHORDDISTANCE61.38'17.89'64.93'63.67'67.21'17.89'REVISIONS1.2.PROJECT NO: 09851DRAWING: P:\Thomas Nelson Homes, LLC\09851-Concord Corner Short Plat\SURVEY\CAD\Concord Corner Base.dwgSCALE: 1 INCH = 30 FEETSURVEYED BY: MSBOFFICE WORK BY: MSB, MLMDATE:SHEET 1 OF 2BASIS OF BEARINGBASIS OF BEARING PER IDAHO STATE PLANECOORDINATE SYSTEM - EAST ZONE. CITY OFCHUBBUCK COORDINATE SYSTEM. GPSOBSERVATION FACTOR: 1.0002554367GRAPHIC SCALE( IN FEET )03030151 inch = 30'VICINITY MAPCONCORD CORNERA REPLAT OF LOT 4, BLOCK 1 OF TAILWIND SUBDIVISION, LOCATED IN THE SOUTHEAST QUARTEROF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHOLOCATIONPROJECTTAILWIND CIRCLECONCORD CORNERA REPLAT OF LOT 4, BLOCK 1 OF TAILWIND SUBDIVISION, LOCATEDIN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHODR
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COUNTY RECORDER'S CERTIFICATENovember 29, 202330.05 ACRESBLOCK 140.06 ACRES20.05 ACRES10.06 ACRESBLOCK 1LOT 5LOT 6LOT 7LOT 3LOT 2BLOCK 1TAILWIND SUBDIVISIONINST. NO. 20727165ELITE SERVICES INCINST. NO. 20511700JJAR INVESTMENT LLCINST. NO. 21005389SUBDIVISION BOUNDARY LINESUBDIVISION LOT LINESTREET CENTERLINEFOUND 1/2" REBAR AND REPLACED WITH 5/8" BY 24"REBAR WITH 2" ALUMINUM CAP CAP STAMPED "LS 13023"EXISTING EASEMENT SIDELINE (SEE TAILWINDSUBDIVISION INST. NO. 20727165)SUBDIVISION LOT / BLOCK NUMBERBLOCK 1EXISTING SUBDIVISION LOT / BLOCK NO.LOT 4BLOCK 65ADJACENT BOUNDARY LINEFOUND 2" ALUMINUM CAP STAMPED "RMESPELS 2341" INSIDE MONUMENT VAULTFOUND 1/2" REBAR PER TAILWIND SUBDIVISION(INST. NO. 20727165) OR AS NOTEDFOUND 5/8" REBAR WITH 2" ALUMINUM CAP PERTAILWIND SUBDIVISION (INST. NO. 20727165)NO CAPBENTNEW DAY PARKWAYYELLOWSTONE AVE
INDUSTRY WAYW SIPHON RD1) THE PURPOSE OF THIS SURVEY IS TO CREATE A BLOCK AND LOTS IN LOT 4,BLOCK 1 OF TAILWIND SUBDIVISION (INST. NO. 20727165).2) THE BOUNDARIES WERE SOLVED BY LOCATING MONUMENTS THAT WERE SETPER TAILWIND SUBDIVISION (INST. NO. 20727165).3) THE INTERIOR LOT CORNERS ARE THE FOOTPRINT OF THE PROPOSEDBUILDINGS TO BE CONSTRUCTED. THE BUILDING FOUNDATION CORNERS WILL BESTAKED OUT PRIOR TO CONSTRUCTION.4) LOT 5 IS COMMON AREA AND WILL HAVE CROSS ACCESS FOR LOTS 1-4SURVEYOR'S NARRATIVELEGEND50.52 ACRESCOMMON AREABASIS OF BEARINGFOUND 5/8" REBAR WITH NOCAP. PLACED A 2" ALUMINUMCAP STAMPED "LS 13023"(S 89°49'50" E 155.94' - P1)(S 21°59'25" E 159.95' - P1)(134.67' - P1)(N 89°43'41" W - P1)(171.21' - P1)(30.02' - P1)(124.21' - P1)(123.35' - P1)(11.77' - P1)(S 89°47'50" E 490.59' - P1)(S 00°12'10" W 173.81' - P1)
(199.37' - P1)
(S 01°12'43" E - P1)
(197.51 - P1)CALCULATED POSITION PER TAILWINDSUBDIVISION (INST. NO. 20727165)(------- P1)BEARING AND DISTANCE PER TAILWINDSUBDIVISION (INST. NO. 20727165)(P1-C4)(55.00')(67°50'25")(65.12')(36.99')(55.00')(S 34°05'22" W)(P1-C1)(20.00')(53°07'48")(18.55')(10.00')(17.89')(S 63°38'16" W)(P1-C2)(55.00')(72°21'30")(69.46')(40.22')(64.93')(N 73°15'07" E)(P1-C3)(55.00')(70°44'18")(67.90')(39.04')(63.67')(S 35°11'59" E)(P1-C5)(55.00')(75°19'23")(72.31')(42.45')(67.21')(N 74°19'43" E)(P1-C6)(20.00')(53°07'48")(18.55')(10.00')(17.89')(S 63°13'56" E)ENGINEERING15' EXISTINGUTILITY EASEMENT10' EXISTING POWERLINE EASEMENT
COUNTY TREASURER'S CERTIFICATECOUNTY SURVEYOR'S CERTIFICATEDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSCULINARY WATERI, __________________, A LICENSED LAND SURVEYOR IN AND FOR BANNOCK COUNTY, IDAHO, DOHEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND COMPUTATIONS SHOWN HEREON, ANDHAVE DETERMINED THAT THE REQUIREMENT OF IDAHO CODE 50-1305 HAVE BEEN MET, AND IAPPROVE THE SAME FOR FILING THIS____________DAY OF____________, 20____.________________________________ __________BANNOCK COUNTY SURVEYOR PLS NO.PURSUANT TO 50-1308, IDAHO CODE. I, JENNIFER CLARK, DO HEREBY CERTIFY THAT ALL COUNTYPROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH DELINQUENT AND CURRENT,HAVE BEEN PAID IN FULL.THROUGH ____________________________________________________________ _________JENNIFER CLARK, COUNTY TREASURER DATETHIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THEEXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM.ARE RECORDED AS INSTRUMENT NUMBER _________________ AND AREHEREBY MADE A PART OF THE PLATIRRIGATION WATER RIGHTS STATEMENTLANDS WITHIN THIS PLAT ARE NOT ENTITLED TO IRRIGATION WATER SUPPLIED BYFORT HALL IRRIGATION PROJECT, NOR ANY OTHER IRRIGATION DISTRICT, AND THEREQUIREMENTS OF IDAHO CODE 31-3805 ARE NOT APPLICABLE.ACKNOWLEDGMENTBOUNDARY DESCRIPTIONA PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34,TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY,IDAHO, DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, BLOCK 1 OF TAILWINDSUBDIVISION, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 20727165IN THE OFFICIAL RECORDS OF BANNOCK COUNTY;THENCE FOLLOWING THE BOUNDARY LINE OF SAID LOT 4 FOR THE NEXT (5)FIVE COURSES:1.NORTH 89°43'41" WEST A DISTANCE OF 134.67 FEET;2.NORTH 21°59'25" WEST A DISTANCE OF 159.95 FEET TO A POINT OFNON-TANGENCY WITH A 55.00-FOOT-RADIUS CURVE WHOSE CENTERBEARS NORTH 21°59'25" WEST;3.FOLLOWING SAID CURVE IN A COUNTER-CLOCKWISE DIRECTIONTHROUGH A CENTRAL ANGLE OF 67°50'25" FOR AN ARC LENGTH OF65.12 FEET (THE CHORD OF SAID CURVE BEARS NORTH 34°05'22" EASTA DISTANCE OF 61.38 FEET) TO A POINT OF NON-TANGENCY;4.SOUTH 89°49'50" EAST A DISTANCE OF 155.94 FEET;5.SOUTH 01°12'43" EAST A DISTANCE OF 199.37 FEET, TO THE POINT OFBEGINNING.CONTAINING 0.75 ACRES, MORE OR LESS.STATE OF IDAHO, COUNTY OF _________________ON THIS_____ DAY OF __________, IN THE YEAR 20_____, BEFORE ME ______________________, A NOTARYPUBLIC, PERSONALLY APPEARED THOMAS NELSON, KNOWN OR IDENTIFIED TO ME, TO BE A MEMBER OFTHE LIMITED LIABILITY COMPANY THAT EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITYCOMPANY AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME._______________________________NOTARY PUBLICRESIDING IN ______________ COUNTY, STATE OF IDAHO.MY COMMISSION EXPIRES _____ DAY OF ______________, 20___.OWNER'S CERTIFICATECITY OF CHUBBUCKTHE PLAT ON WHICH THIS CERTIFICATION APPEARS HAS BEEN APPROVED BY THE CITY OFCHUBBUCK, IDAHO, THIS______________ DAY OF___________________, 20____._______________________________________ ______________________________KEVIN ENGLAND, MAYOR JOEY BOWERS, CITY CLERK_______________________________________BRIDGER MORRISON, P.E., CITY ENGINEERSANITARY RESTRICTIONSSANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIEDSANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326, IDAHO CODE, BYTHE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. DATE: ___________HEALTH DISTRICT SIGNATURE:____________________________COUNTY RECORDER'S CERTIFICATESHEET 2 OF 2DEVELOPMENT AGREEMENTTHE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INST. NO. _____________ AREHEREBY MADE A PART OF THIS PLAT.November 29, 2023CONCORD CORNERA REPLAT OF LOT 4, BLOCK 1 OF TAILWIND SUBDIVISION, LOCATED IN THE SOUTHEAST QUARTEROF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHOREVISIONS1.2.PROJECT NO: 09851DRAWING: P:\Thomas Nelson Homes, LLC\09851-Concord Corner Short Plat\SURVEY\CAD\Concord Corner Base.dwgSCALE: 1 INCH = 30 FEETSURVEYED BY: MSBOFFICE WORK BY: MSB, MLMDATE:CONCORD CORNERA REPLAT OF LOT 4, BLOCK 1 OF TAILWIND SUBDIVISION, LOCATEDIN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH,RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHONovember 29, 2023ENGINEERINGI, MATTHEW S. BAKER, A DULY LICENSED LAND SURVEYOR IN THESTATE OF IDAHO, HEREBY CERTIFY THAT THIS RECORD OF SURVEYCORRECTLY REPRESENTS A SURVEY MADE UNDER MY DIRECTIONOF THE LANDS SHOWN HEREON IN CONFORMANCE WITH THEREQUIREMENTS OF CHAPTER NINETEEN, TITLE FIFTY-FIVE OF THEIDAHO CODE._________________________________________________________MATTHEW S. BAKER DATE13023PROFESSIONAL LAND SURVEYORMATTHEW S. BAKER STATE OF IDAHO REGISTERED SURVEYOR'S CERTIFICATEDRAFTKNOWN ALL MEN BY THE PRESENT THAT I, THE UNDERSIGNED OWNER OF THE TRACT OF LANDDESCRIBED IN THE BOUNDARY DESCRIPTION HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO A BLOCKAND LOTS AS DIMENSIONED AND SHOWN ON SAID PLAT. ALL EASEMENTS UNLESS OTHERWISE NOTEDARE DEDICATED TO THE PUBLIC FOR PUBLIC USE. THE RIGHT TO USE DEPICTED EASEMENTS ISRESERVED FOR PUBLIC UTILITIES AND FOR OTHER PUBLIC PURPOSES, NO STRUCTURES, OTHER THANTHOSE REQUIRED FOR PUBLIC UTILITY PURPOSES ARE TO BE ERECTED OR PLACED WITHIN SAIDEASEMENTS. ALL SUCH AREAS ARE HEREBY CONVEYED TO THE PUBLIC IN PERPETUITY. THE PUBLIC MAYHAVE ACCESS TO SUCH AREAS, SUBJECT TO MUNICIPAL REGULATIONS.THIS PLAT IS GOVERNED BY THE LAND DEVELOPMENT ORDINANCE OF THE CITY OF CHUBBUCK, WHICHPROVIDES THAT A FINAL PLAT SHALL CONSTITUTE A DEDICATION. HOWEVER, APPROVAL OF THE FINALPLAT SHALL NOT CONSTITUTE THE CITY'S ACCEPTANCE OF THE DEDICATION. SUCH ACCEPTANCE SHALLBECOME EFFECTIVE ONLY UPON THE EXECUTION, BY THE MAYOR, OF A SEPARATE INSTRUMENTRELATED TO THE DEDICATION OF THE PROPERTY AS APPROVED BY CITY INSPECTION. DEDICATION ISNOT BINDING UNTIL ACCEPTED.I DO HEREBY CONSENT TO THE RECORDATION HEREOF.IN WITNESS WHEREOF WE HEREUNTO SET OUR HANDS THIS _____ DAY OF _________________, 2022.THOMAS NELSON HOMES, LLCBY _____________________________________ THOMAS NELSON (MANAGER)