The URL can be used to link to this page

Home My WebLink AboutItem #3 Candee Subdivision/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: February 14, 2023 Re: Short Plat for Candee Subdivision Applicant: Brady Carter 230 E. Chubbuck Road Chubbuck, ID 83202 Professional Services: Dioptra 4880 Clover Dell Rd. Chubbuck, ID 83202 Application: Candee Subdivision, approximately 0.64 acres with 1 commercial lot. Located in the SE'/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in Chubbuck, Idaho. Generally located north of Ward Dr. behind 130 Ward Dr. Existing Zoning: General Commercial (C-2) Existing Land Use: Vacant Staff Report: The final plat for Candee Subdivision 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 The applicant has requested to defer the Ward Drive frontage improvements to a future division. Staff is supportive of this request providing the applicant submits a subdivision improvement completion guarantee in the amount of 150% of Ward Drive improvement costs. • 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 Stormwater system report with stormwater construction plans/drawings be submitted for review and approval by the Development Services Division prior to issuing a building permit. o Applicant submits a subdivision improvement completion guarantee in the amount of 150% of Ward Drive improvement costs. o All public improvements and other development improvements, when completed, will conform with the approved construction plans and City standards. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Short Plat for Candee Subdivision CHUBBUCKH 0 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us laofk\ CHUBBUCK I o 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 CANDEE SUBDIVISION, APPROXIMATELY 0.64 ACRES LOCATED NORTH OF WARD DRIVE BEHIND 130 WARD DRIVE. FACTS REQUEST: The applicant proposes a 1 lot short plat for 1 commercial building lot in the Candee Subdivision. The applicant has requested to defer the Ward Drive frontage improvements to a future division. 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: Brady Carter 230 E. Chubbuck Road Chubbuck, ID 83202 PROFESSIONAL SERVICES: Dioptra LLC 4880 Clover Dell Road Chubbuck, ID 83202 LOCATION: SE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in Chubbuck, Idaho. Generally located north or Ward Drive behind 130 Ward Drive. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2) CURRENT LAND USE: Vacant PROJECT SIZE: ±0.64 acres VIEWS: Generally visible from the west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: 1 existing out building SURROUNDING LAND USES AND ZONING NORTH: Commercial; General Commercial (C-2) EAST: Commercial; General Commercial (C-2) SOUTH: Residential; General Commercial (C-2) WEST: Commercial; General Commercial (C-2) SERVICES: ACCESS STREET: Current Access from Ward Dr. RECENT TRAFFIC COUNTS: 2020: Yellowstone Ave. at Circle Inn, 19,472/day Final Plat Approval Form- FFCL 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 exist 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 March 1, 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. Stormwater system report with stormwater construction plans/drawings be submitted for review and approval by the Development Services Division prior to issuing a building permit. 1940�t-\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL b. Applicant submits a subdivision improvement completion guarantee in the amount of 150% of Ward Drive improvement costs. c. All public improvements and other development improvements, when completed, will conform with the approved construction plans and City standards. 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 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. 194�0t\ 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 lao'4-\ 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 SURVEY NARRATIVE 1. This plat separates a portion of the parcels described in Deed #22113148, also being a portion of Lot 5 of Clover Dell Farms Subdivision and the 25—foot—wide strip of land north of said Lot 5, into a 1 lot subdivision as shown hereon. 2. The south right—of—way for Ward Drive was determined from a found monument and ties to existing building corners as shown on Record of Survey Instr. #791677. The north right—of—way for Ward Drive was determined by offset of the south right—of—way. An extension of the north ROW line to the east matched the location of the monument found for the northeast corner of Boise Payette Tracts (see ROS #791677), but did not match the location of a Y2" rebar of unknown origin found near the southwest corner of the parcel described in Deed #94018014. 3. The west subdivision line was determined from offset of the west boundary of the parcel described in Deed #94018014 and from the east line of the parcel described in Deed #22113180 (see ROS #97010351). 4. The north subdivision boundary was determined as the south X h line of Section 3 as shown. 5. The east subdivision boundary was determined from an extension of the east line of the parcel described in Deed #94018014 to the south X6th line. 6. The boundaries of the parcel described in Deed #94018014 were determined from lines parallel with & perpendicular to Ward Drive at record distances. The found monument near the north line right—of—way of Ward Drive mentioned in #2 was used to determine the location of the west parcel line. These parcel boundaries matched the existing primitive fence within reasonable tolerances. Honors Addition 0000 Brady Carter Instr. #22113180 1 I 1 I I N 89'23'06" W 1350.22' Brady Carter 25.00' 1— Instr. #22113180 Plastic Cap PLS 977 Monumented Basis of Bearing iP.O.B. Lill — — — 276.38" 1 I Juan Chaves 3 South )(6th Cor. Sec. 3 I Instr. #97011890 Set 2" Aluminum Cap - 1 Per CP&F Found Y2" Rebar ROS I o I Plastic Cap PLS 5074 N Per ROS. #97010351 I I I I I E City of Chubbuckz I Utilities Easement I I Instr. #511677 m 1001 I(10 _ I ui I I �2 I o Brady Carter 13 LO I a' Instr. #22113148 I I I I I 04 1001 I M .\ro #518582 I U) I 2 ' L 25.00 I i o9ette tt gorse P `no \ns 15' Public Utilities i \ Easement North I'l5t 1 1 to 35.88' \,_ S 89°27'33" E Ward Dr _ _ S 89'2.7'33" E _ Building Corner Building Corner 0.1' N of R.O.W. 0.2' N of R.O.W. See Narrative 2 f See Narrative 2 Concrete Building tte Ertl°ts X16 oy° 1 19 go�selP g\ooK ROS # Lot Merick Holdings LLC Instr. #21717038 VICINITYMAP PROJECT LOCATION E CHUBBUCK RD io\ P°rK dod Pre r fond lat13 oPdell ditlon) . # 2 s 1s1tad1t A sP°f001°ley5 ( P2tp0 00 ortonInstr Eagle Rock Property Managment Instr. #22006148 Brady Carters no Instr. #803877 oe\\ ism #14a N 89'23'06" W 271.30' Nor\h one B02.554' V 25 IIpIO 1 OR J m 51.00' —0 Lot 7 w 0.63 Acres oe\\ FQ1R ^I outbuilding c\°t N1 Bock 1 0' S 89'27'33" E 235.50' Lake Distributing Company Instr. #94018014 0.51 Acres S 89'27'33" E 235.50' _ 50.00' Found )¢" Rebar Plastic Cap PLS 977 Per ROS. #97010351 Juan Chaves l� Instr. #97011890 4 z jro°ts o P°yettK 1 �n4i go,se o eo o \V 1 I u CANDEE SUBDIVISION A RE -PLAT OF A PORTION OF LOT 5 OF CLOVER DELL FARMS SUBDIVISION LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK South—East )(6 Cor. Sec. 3 Set 2" Aluminum Cap Per CP&F #___ Brady Carter Instr. #22113148 See Narrative 2 S 89'27'33" E 144.02' Croft O�sto on Preo — —o\ Condo o ks dot — stotn CrQot g0 eo P°ettoi GWer �P rg\o Kt1 �e\\ FOr#s602213 nstr 0 40 80 LEGEND Parcel Boundary X Fence Lines Adjoining Parcels Road Center Line Original Subdivision Line Section Line Easements 0 0 X Set5/8" Rebar with Plastic Cap PLS 15295 Found 1/2" Rebar No Cap Found 1/2" Rebar As Noted Calculated Point Record of Survey by David Klatt PLS #5074 Instr. #97010351 Record of Survey by David Klatt PLS #5074 Instr. #791677 Subdivision by W.P. Havenor PE #31 Instr. #149840 Subdivision by W.P. Havenor PE #31 Instr. #214582 Subdivision by Tim Shertliff PLS #977 Instr. #602213 �pL La P STTq>� OF \OP FART K. BASIS OF BEARING Basis of bearing per Idaho State Plane Coordinate System — East Zone. City of Chubbuck Coordinate System. GPS observation combination factor: 1.0002579939 SUBDIVISION BOUNDARY DESCRIPTION Part of the parcel described in Deed #22113148, also being a part of Lot 5 of Clover Dell Farms Subdivision and the 25—foot—wide strip of land north of said Lot 5, located in the SW 1/4 of the SE 1/4 of Section 3, Township 6 South, Range 34 East Boise Meridian, Bannock County, Idaho, described as follows; Commencing at the Center—South 1/16th Corner of Said Section 3, thence S 89'23'06" E 276.38 feet along the South 1/16th Line, also being the north line of Clover Dell Farms Subdivision, to the east line of the parcel described in Deed #22113180, said point being the True Point of Beginning, Thence S 00'37'53" W 50.13 feet along the east line of said parcel to the southeast corner of said parcel, Thence S 00'32'27" W 135.09 feet to the north right—of—way of Ward Drive, Thence S 89'27'33" E 35.88 feet along said right—of—way to the southwest corner of the parcel described in Deed #94018014, Thence N 00'32'27" E 95.00 feet along the west line of said parcel, Thence S 89'27'33" E 235.50 feet along the north line of said parcel, Thence N 00'32'27" E 89.87 feet along an extension of the east line of said parcel to the South 1/16th Line of said Section 3, also being the south line of the parcel described in Deed #803877, Thence N 89'23'06" W 271.30 feet along said line to the Point of Beginning. Parcel contains ±0.64 acres OWNER'S CERTIFICATE Know all men by these presents that we, Brady and Candee Carter, the undersigned owners of the tract of land described in the Boundary Description, have caused the same to be subdivided into a Block and Lot to hereafter be known as Candee Subdivision. It is our intention, the undersigned owners, 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 owners 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 Brady Carter Candee Carter CANDEE SUBDIVISION RE—PLAT OF A PORTION OF LOT 5 OF CLOVER DELL FARMS SUBDIVISION LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK 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 CITY OF CHUBBUCK The plat on which this certification appears is hereby approved by the City of Chubbuck, Idaho this day of , 2023. City Engineer City Clerk 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. CULINARY WATER This subdivision is eligible to receive water from the City of Chubbuck municipal systems. 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, Brady Carter and Candee Carter, 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. NOTARY PUBLIC MY COMMISSION EXPIRES 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. 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. DEVELOPMENT AGREEMENT The City of Chubbuck Development Agreement recorded as Instr. # , are hereby made a part of this plat. Cpl LANA a hyj P S9jF OF FART K • �P COUNTY RECORDERS CERTIFICATE