HomeMy WebLinkAboutItem #2 Burnside Commercial/ao'�C\
CHUBBUCK
1 0 111 H 0
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: April 21, 2025
Re: Short Plat for Burnside Commercial Park
Applicant:
Professional Services:
Tom & Chris Nelson
P.O. Box 2373
Pocatello, ID 83206
Harper -Leavitt Engineering
800 W. Judicial Street
Blackfoot, ID 83221
Application: Burnside Commercial Park, approximately 2.41 acres with
1 commercial building lot. Located in the NW 1/4 of
Section 10, Township 6 South, Range 34 East, of the Boise
Meridian, Idaho in Chubbuck, Idaho. Generally located on
the south side of W. Burnside Ave. between Travel Lodge
and Extended Stay.
Existing Zoning: General Commercial (C-2)
Existing Land Use: Vacant
Staff Report: The final plat for Burnside Commercial Park 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 A secondary pressurized irrigation system is not required for this
development as the property has previously relinquished the irrigation
water rights.
• 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 General Commercial (C-2) 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.
o A successful execution of a development agreement. If staff and developer
are unable to reach a consensus of the requirements for construction
through the development agreement, staff will bring items of
disagreement before the City Council for a final decision.
o The sewer system south of the proposed manhole in Burnside Avenue
(SSMH#1) is considered private as it only serves this development and will
be owned and maintained by the developer/property owner.
o The water system south of the 6" water meter vault is considered private
as it only serves this development and will be owned and maintained by
the developer/property owner.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Short Plat for Burnside Commercial Park
/944'C-\
CHUBBUCK
I D A H D
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
SHORT PLAT FOR BURNSIDE COMMERCIAL PARK, APPROXIMATELY 2.41 ACRES
LOCATED ON THE SOUTH SIDE OF W. BURNSIDE AVE., BETWEEN TRAVEL LODGE
AND EXTENDED STAY
FACTS
REQUEST: The applicant proposes a short plat for 1 commercial building lot in the Burnside Commercial Park
subdivision. It includes extending water and sewer utilities into 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:
Tom & Chris Nelson
P.O. Box 2373
Pocatello, ID 83206
PROFESSIONAL SERVICES:
Harper -Leavitt Engineering
800 W. Judicial St.
Blackfoot, ID 83221
LOCATION: NW 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the south side of W. Burnside Ave., between Travel Lodge
and Extended Stay.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±2.41 acres
VIEWS: Generally visible from the north
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: none
RECENT TRAFFIC COUNTS:
2019: Yellowstone Ave. at W. Burnside Ave., 24,893/day
2021 Knudsen Blvd. at Zebe Ln., 4,254/day
Final Plat Approval Form- FFCL
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; General Commercial (C-2)
SOUTH: Residential; General Commercial (C-2)
EAST: Commercial; General Commercial (C-2)
WEST: Commercial; General Commercial (C-2)
SERVICES:
ACCESS STREET: Current Access from W. Burnside 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
SURFACE WATER RIGHTS: None
PROCEDURES:
In accordance with City Code 17.12.200 and Resolution 2024-04, 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 May 7, 2025 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:
1940't-\
CHUBBUCK
I D A H D
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/drawings 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 the requirements for construction through the development
agreement, staff will bring items of disagreement before the City Council for a final
decision.
c. The sewer system south of the proposed manhole in Burnside Avenue (SSMH#1) is
considered private as it only serves this development and will be owned and
maintained by the developer/property owner.
d. The water system south of the 6" water meter vault is considered private as it only
serves this development and will be owned and maintained by the
developer/property owner.
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.
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
194�0t\
CHUBBUCK
I D A H D
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
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 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
I D A H D
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
SUBDIVISION
INFORMATION
TOTAL LOTS: 1
AVERAGE SIZE: 2.41 ACRES
TOTAL ACREAGE: 2.41 ACRES
OWNER /
DEVELOPER
CONCORD PROPERTIES, LLC
PO BOX 2373
POCATELLO, ID 83206
208-604-0573
WEST BURNSIDE AVE.
0'
DEED INST.
NO. 22025083
BURNSIDE TRACTS
BLOCK 2 LOT 1
0 25 50 100
SCALE: 1" = 50'
@ 18" X 24" ONLY
W 1/4 COR SEC 10
FOUND ALUMINUM CAP
PLS 806
CP&F INST. NO. 20520368
210.00'(R)
S89'1 8'50"E 1530.01' 209.87'(M)
g 10 n
ENGINEER/
SURVEYOR
HLE INCORPORATED
800 W. JUDICIAL ST.
BLACKFOOT, ID 83221
208-785-2977
LUKE JOLLEY: ENGINEER
CHRIS STREET: SURVEYOR
BURNSIDE COMMERCIAL PARK
THE WEST 222 FEET OF LOT 1 OF BLOCK 1 OF
INTERSTATE GROUP OF THE SE 1/4 NW 1/4
SECTION 10, T. 6 S., R. 34 E.B.M.
BANNOCK COUNTY, IDAHO 3
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NO. 22409365
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10' UTILITY EASEMENT
INTERSTATE GROUP SUBDIVISION
INST. NO. 575288
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BRASS CAP J L
LS 2341 DETAIL A
1-86 ROW LINE 3619' r P.O.B.
209.87-
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S89°18'50"E 1530.01'
SECTION LINE
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0.8034' 0.53
INTERSTATE 86
00' _
8"SAN
8"SAN
10' P.U.E.
220.13'(M) (R)
DEED INST.
NO. 22305792
INTERSTATE GROUP
SUB
INST. NO. 575288
20' IRRIGATION EASEMENT
INST. NO. 377339
168.20' (R1)
2"E 167.96' (M)
DETAIL B
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FOUND BRASS CAP IN VAULT
ILLEGIBLE
CP&F INST. NO. 21320661
ZONING
(C-2) GENERAL COMMERCIAL
INTENDED USE
GENERAL COMMERCIAL
FLOOD PLAIN
PROPERTY IS IN A ZONE C (AREA OF
MINIMAL FLOODING) PER FEMA FLOOD
PANEL 16005CO236D
EFFECTIVE DATE:7/7/2009
CONTOURS
1-86
CONTOUR LINES SHOWN AT V INTERVAL
NOTES:
10' UTILITY EASEMENT ALONG WEST
BURNSIDE AVE FRONTAGE IS FOR
PUBLIC UTILITIES
BASIS OF BEARING PER CITY OF
CHUBBUCK GRID COORDINATE SYSTEM
C 1/4 COR SEC 10
FOUND ALUMINUM CAP
PLS 12457
CP&F INST. NO. 21506574
S89°20'22"E 168.06' f SO°41'10"W
-�------� 0.58'
S89°18'50"E
I-86 ROW LINE
SECTION LINE
BRASS CAP ROW MONUMENT
STA. 873+00 149.12 LT
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VICINITY MAP
SANITARY SEWER
LOT SHALL HAVE SANITARY SEWER
SERVICE FROM THE CITY OF CHUBBUCK
SEWER SYSTEM
NEAREST COMMUNITY
WATER/SEWER
CITY WATER AND SEWER LINES ARE
AVAILABLE IN BURNSIDE AVE. ADJACENT TO
THE NORTH PROPERTY LINE
IRRIGATION WATER
IRRIGATION RIGHTS NOT APPURTENANT TO
PARCEL
STORM WATER
RETENTION
ALL STORM WATER TO BE RETAINED
ON EACH INDIVIDUAL LOT
CULINARY WATER
CITY OF CHUBBUCK WATER SERVICE
LEGEND
SECTION CORNER CONTROL
SECTION CENTER CONTROL
PLACED 5/8" X 24" IRON
ROD WITH CAP MARKED
P.L.S. 12224
RIGHT OF WAY MONUMENT
FOUND 1/2" IRON ROD
SECTION LINE
FENCE LINE
EASEMENT SIDE LINE
RIGHT OF WAY LINE
SEWER SERVICE LINE
W WATER SERVICE LINE
® IRRIGATION EASEMENT
SO SEWERLINE MAN HOLE
® EXISTING WELL
WATER HYDRANT
D4 WATER VALVE
® WATERLINE MAN HOLE
lt( LIGHT POLE
P.U.E. PUBLIC UTILITY EASEMENT
P.O.B. POINT OF BEGINNING O�Nt LAND
10 BLOCKG\STERE SG
(M) MEASURED
(R) RECORD PER PLAT
PLAT INST. NO. 615876
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(R1) RECORD PER PLAT P l9jF OF \OQ�
PLAT INST. NO. 575288 �'y�/S G. SA����
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DRAWN BY DESIGN BY CHECK BY
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CGS
JOB NO: 24-166
DATE: February 21, 2025
REVISIONS
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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 blocks, lots and streets to be hereafter known as Burnside
Commercial Park. We, the owners, intend to include all of the
land described in the boundary description in this plat. The
location and dimensions of the blocks, lots and streets 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.
All such areas are hereby conveyed or reserved to the public in
perpetuity. 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 in 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 benefitted by the detention of
storm water flowing from that property which shall be the
property adjacent to the storm water detention facility unless
such facility 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 the
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.
ROBERT CHRISTOPHER NELSON
MANAGING MEMBER OF CONCORD PROPERTIES LLC
BOUNDARY DESCRIPTION
The West 222 feet of Lot 1 of Block 1 of Interstate Group
Subdivision of the Southeast 1/4 Northwest 1/4 Section 10,
Township 6 South, Range 34 East, Boise Meridian, Bannock
County, Idaho, described as:
Commencing at the West'/4 Corner of Section 10; Thence along
the Latitudinal Center line of said Section 10, S 89°18'50" E
1530.81 feet; Thence, N 0°41'10" E 0.52 feet to the Southwest
corner of said Lot 1 Block 1 on the North Right of Way of
Interstate 86 and the Point of beginning; Thence,
N 00 14'09" E 472.53 feet, to the Northwest corner of said Lot 1
Block 1; Thence, S 89018'04" E 222.00 feet, along the North line
of said Lot; Thence, S 013'54" W 472.38 feet, to a point on the
South line of said Lot, also being on the North line of said Right
of Way line of Interstate 86; Thence, N 89°19'22" W 222.00 feet,
along said Right of Way, to the point of beginning.
Contains 2.41 acre more or less.
BURNSIDE COMMERCIAL PARK
THE WEST 222 FEET OF LOT 1 OF BLOCK 1 OF
INTERSTATE GROUP OF THE SE 1/4 NW 1/4
SECTION 10, T. 6 S., R. 34 E.B.M.
BANNOCK COUNTY, IDAHO
COUNTY TREASURERS
CERTIFICATE
I Jennifer Clark, the undersigned County Treasurer in and for
the County of Bannock, State of Idaho, per the requirements of
Idaho Code 50-1308, do hereby certify that all county property
taxes due for the property included in this project are current
as of
Date
County Treasurer
SANITARY RESTRICTIONS
Sanitary restrictions as required by Idaho Code, Title 50,
Chapter 13 have been satisfied based on the Department of
Environmental Quality (DEQ) approval of the design plans and
specifications and the conditions imposed on the developer
for continued satisfaction of the sanitary restrictions. Buyer is
cautioned that at the time of this approval, no drinking water
or sewer/septic facilities were constructed. Building
construction can be allowed with appropriate building permits
if drinking water or sewer facilities have since been
constructed or if the developer is simultaneously constructing
those facilities. If the developer fails to construct facilities or
meet other conditions of DEQ, then sanitary restrictions may
be reimposed, in accordance with Section 50-1326, Idaho
Code, by the issuance of a certificate of disapproval, and no
construction of any building of shelter requiring drinking water
or sewer/septic facilities shall be allowed.
Date:
Health District Signature:
SURVEY REFERENCES
DEED INST. NO. 22025083, 22305792, 22409365
EASEMENT INST. NO. 377339, 575288
CP&F INST. NO. 20520368, 21320661, 21506574
INTERSTATE SUB INST. NO. 575288
BURNSIDE TRACT INST. NO. 615876
YELLOWSTONE COMMONS INST. NO. 21314037
CITY OF CHUBBUCK
The plat on which this certification appears is hereby approved
by the City of Pocatello, Idaho, this day of
, 2025.
Mayor, Kevin England
Engineer for the City, Bridger Morrison
City Clerk, Joey Bowers
ACKNOWLEDGMENT
STATE OF IDAHO
COUNTY OF
On this day of
2025,
before me a Notary Public, in and for said State, personally
appeared Robert Christopher Nelson , known or identified to me
to be a managing member of (Concord Properties, LLC) and
acknowledged to me that he signed said dedication freely and
voluntarily for and in behalf of said LLC.
Notary Public
Residing in
My commission expires:
SURVEYORS NARRATIVE
The purpose of this survey is to replat the West 222 feet of
Lot 1 Block 1 of the Interstate Group Subdivision to the City
of Chubbuck. The SW corner of Lot 1 Block 1 was
established at proportional distance along the Northerly Right
of Way of 1-86 from found Right of Way monuments. The
Southerly Right of Way line of West Burnside Avenue was
established from a found 1/2 iron rod that is shown on the
Burnside Tracts Addition to the City of Chubbuck.
Basis of bearings for this subdivision S 89°18'50" E from the
W1/4 corner to the C1/4 of Section 10, Township 6 South,
Range 34 East, B.M. per City of Chubbuck datum based on
the central meridian of Idaho State Plane East Zone.
RECORDER'S CERTIFICATE
COUNTY SURVEYOR'S APPROVAL
I certify that I have examined this plat and find that it complies
with Section 50-1305 of the Idaho Code.
Professional Land Surveyor
Idaho License No.
Date
DEVELOPMENT AGREEMENT
The City of Chubbuck Development Agreement recorded
as Inst. No. , is hereby made part of the 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 requirements of Idaho
Code 31-3805 are not applicable.
SURVEYOR'S CERTIFICATE
Chris G. Street, a registered Professional Land Surveyor in the
State of Idaho, do hereby certify that a survey was made under
my direction of the land described in the accompanying
boundary description and that the plat upon which this
certification appears was made under my direction. I further
certify that the accompanying map correctly depicts the division
of land as marked upon the ground and that the pertinent
provision of the statutes of the State of Idaho have been
complied with.
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Chris G. Street License No. 12224 Date
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DRAWN BY DESIGN BY CHECK BY
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JOB NO: 2024-166
DATE: April 21, 2025
REVISIONS
DATE
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