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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 �0 1m 0"WTR 8"SAN 8"SAN - FO S89°19'04"E o — — Fru __ —222.00' 10' - 44i - -- I I I I I I I DEED INST. NO. 22409365 LU p�Ico N Il-Loti CD �I I� z LOT 1 I CD Area: 2.41 AC I o �I II I 10' UTILITY EASEMENT INTERSTATE GROUP SUBDIVISION INST. NO. 575288 I I 10, BRASS CAP J L LS 2341 DETAIL A 1-86 ROW LINE 3619' r P.O.B. 209.87- 10 —�–�-- —�-- 9 S89°18'50"E 1530.01' SECTION LINE _1'�NO°4V10'E 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 U) p LINDEN AVE LU z cl� KNUDSEN BLVD O W BURNSIDE AVE = SITE I—I N 1/4 COR SEC 10 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 RW rn } 2 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 O (R1) RECORD PER PLAT P l9jF OF \OQ� PLAT INST. NO. 575288 �'y�/S G. SA���� � m 13 NN z } W .-. oN Z 1 N D Win p N Zco ago _Z� L9a o9 Z J — .. W o 0 J LL Y 0 U Z m m o : W> Ln 0 0� Ll 111 13) w w � N J > .� <U = W [ImICA J J U) w >a �o Ll a0'o 0 N U E o � c D- O U DRAWN BY DESIGN BY CHECK BY SJ HLE CGS JOB NO: 24-166 DATE: February 21, 2025 REVISIONS DATE J O Q m 2 U w o w � �_ Z Q G cn O O c0 U U ~ L11 o O 0 (j z Cn U) m z m SHEET NO. 1 2 OF SHEETS 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. NL LANA oc�� �,\STERE a.��� 10 0 cy�lF OF �S G. Sj% Chris G. Street License No. 12224 Date ti �0-) L9 N N Z6 - 000 W .-. Z � � N — 0 I WN Np N ZCO CO _Z� L9a o0 Z J — 7 W LO O 0 J LL Y U � Z � m o � -0 w Ln ne LI W �, w HLn J Q> .� U U) = W Q Y� J (n w > Q o = U 000 0 C U E 0 U = 0 0 D_ o U DRAWN BY DESIGN BY CHECK BY SJ HLE CGS JOB NO: 2024-166 DATE: April 21, 2025 REVISIONS DATE Y Q J O Q m 2 Q U w o z �LU 0 _J U) o O co U U ~ C) LU�_ O 0 (j Z Co LU m Z m SHEET NO. 2 2 OF SHEETS