HomeMy WebLinkAboutItem #1 Pinetree 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: April 10, 2023
Re: Short Plat for Pinetree Subdivision
Applicant: Aubrey Naasz — Cookies N Milk Daycare LLC
4636 Pahsimeroi Dr.
Chubbuck, ID 83202
Professional Services: Creek Hollow & Associates, Inc.
611 Wilson Ave. Suite 1A
Pocatello, ID 83201
Application: Pinetree Subdivision, approximately 0.40 acres with 1
building lot. Located in the SW'/4 of Section 3, Township
6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the east side of
Hawthorne Road at 5122 Hawthorne Road.
Existing Zoning: Limited Residential (R-2)
Existing Land Use: Daycare
Staff Report: The final plat for Pinetree 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:
• 16.12.020:
o Hawthorne Road is classified as a Principal Arterial requiring 50' of right-
of-way from roadway centerline.
o The applicant has requested to waive the 50' right-of-way requirement
back to 25' as it is currently constructed. (See attachment 3)
• 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 Limited Residential (R-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 None.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Short Plat for Pinetree Subdivision
3. Request to waive right-of-way requirement
1940�t-\
CHUBBUCK
1 0
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
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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 PINETREE SUBDIVISION, APPROXIMATELY 0.40 ACRES
LOCATED ON THE EAST SIDE OF HAWTHORNE RD. AT 5122 HAWTHORNE ROAD
FACTS
REQUEST: The applicant proposes a 1 lot short plat for 1 building lot in the Pinetree Subdivision. It includes
dedicating 25' of right-of-way along the subdivision frontage.
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: PROFESSIONAL SERVICES:
Aubrey Naasz — Cookies N Milk Daycare LLC Creek Hollow & Associates, Inc
4636 Pahsimeroi Dr. 611 Wilson Ave., Suite 1A
Chubbuck, ID 83202 Pocatello, ID 83201
LOCATION: SW 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the east side of Hawthorne Rd. at 5122 Hawthorne Road.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Residential (R-2)
CURRENT LAND USE: Daycare
PROJECT SIZE: ±0.40 acre
VIEWS: Generally visible from the west
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Yes
SURROUNDING LAND USES AND ZONING
NORTH: Residential; Limited Residential (R-2)
EAST: Residential; Limited Residential (R-2)
SOUTH: Residential; Limited Residential (R-2)
WEST: Vacant; Planned Unit Development (PUD)
SERVICES:
ACCESS STREET: Current Access from Hawthorne Rd.
RECENT TRAFFIC COUNTS:
2018: Hawthorne Rd. at Canal St., 5444/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
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 April 19, 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. None.
/9470't-\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
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.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of , 20
194�0t\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
194�0t\
CHUBBUCK
1 0
Final Plat Approval Form- FFCL
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
W 1/4 CORNER OF SECTION 3
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LAURA J. PEREZ FLORES
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CONCRETE STRUCTURE
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BLOCK 1
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INSTRUMENT NO. 22217578
O PILLAGE OF CHUBB UCK
12' WIDE EASEMENTS INSTRUMENT NO. 327096
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N 89043'49" W 198.12'
LINSAY KAY CO UINGTON
INSTRUMENT NO. 22117949
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ELIZABETH FEHRINGER
INSTRUMENT NO. 21712603
SW CORNER OF NORTH HALF
OF NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER
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FOUND 5/8" REBAR WITH
4+ALUMINUM CAP STAMPED PLS 10900
3 CP& F INSTRUMENT NO. 20520788
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4 3 1316.35' 1316.35'
S 89°15'42"E 1320.16'
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441�3 1331.59' 1331.59' 310 (R1 - N 89016'28" V 2663.18) 10
SOUTHWEST QUARTER OF SECTION 3
NOTE: THE CALCULATED POSITION OF THE SW CORNER OF THE NORTH
HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AS
SHOWN, WAS DETERMINED USING CONTROL SURVEY FOR CITY OF
CHUBBUCK, RECORD OF SURVEY, INSTRUMENT NO. 20915791.
PROJECT
LOCATION
VICINITY MAP
(NOT TO SCALE)
SURVEYOR'S NARRATIVE
THE PURPOSE OF THIS SURVEY IS SUBDIVIDE
DEED INSTRUMENT NO. 22217578 INTO TWO LOTS.
THE BOUNDARY LINES OF THIS SUBDIVISION
WERE DETERMINE BY RECORD OF SURVEY,
INSTRUMENT NO.
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PINETREE SUBDIVISION
LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST,
BOISE MERIDIAN, BANNOCK COUNTY, IDAHO
N
0 50 100
BASIS OF BEARING
THE BEARINGS AND DISTANCES OF THIS SURVEY ARE BASED UPON
THE CITY OF CHUBBUCK GRID COORDINATE SYSTEM.
T RC`RINTI
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PROPERTY BOUNDARY LINES
SECTION LINES
SECTION INTERIOR 1/16 LINES
STREET RIGHT-OF-WAY LINE
EXISTING EASEMENT LINES AS NOTED
PUBLIC UTILITY EASEMENT (P.U.E.)
STUART LATERAL CENTERLINE
EXISTING FENCE LINES
ADJOINING PROPERTY LINES
SET 5/8" REBAR WITH 2" ALUMINUM CAP
STAMPED CHA PLS 12457
SET 1/2" REBAR WITH PLASTIC CAP
STAMPED CHA PLS 12457
SET 1" BRASS TAB IN CONCRETE
SIDEWALK STAMPED CHA PLS 12457
CALCULATED POSITION, NOTHING SET
RECORD OF SURVEY
INSTRUMENT NO. 20915791
NOTES
1. THE CENTERLINE OF STUART LATERAL WAS DETERMINE BY THE NORTHEAST CORNER OF THE NEIDER
SUBDIVISION, INSTRUMENT NO. 259146, AND THE CENTERLINE OF AN EXISTING HEADGATE LOCATED
ALONG THE CANAL AND NORTHERLY OF THE SURVEYED PROPERTY.
2. FORT HALL IRRIGATION PROJECT HAS AN 80.00 FOOT WIDE RIGHT-OF-WAY, 40.00 FEET EACH SIDE OF THE
CENTERLINE OF THE STUART LATERAL CANAL. NO MODIFICATIONS OR ENCROACHMENT WITHIN THE
LIMITS OF THE UNITED STATES RIGHT-OF-WAY FOR THE STUART LATERAL CANAL WILL BE ALLOWED
WITHOUT PRIOR WRITTEN APPROVAL BY THE BUREAU OF INDIAN AFFAIRS. THE 40.00 FOOT WIDE
RIGHT-OF-WAY WILL ALSO SERVE AS A DEDICATED EASEMENT TO THE CITY OF CHUBBUCK FOR ACCESS AND
RECREATION CONDITIONAL UPON WRITTEN APPROVAL FROM THE BUREAU OF INDIAN AFFAIRS.
3. THE EAST LINE OF THE PROPERTY AS STATED ON THE WARRANTY DEED, INSTRUMENT NO. 21808763, IS
THE SOUTHWESTERLY BANK OF THE FORT HALL LATERAL. DUE TO THE UNCERTAINTY OF WHICH SIDE OF
THE BANK TO USE, I DETERMINED TO USE THE LOCATION OF THE EXISTING FENCE LINES AT THE TOE OF
THE SLOPE OF THE SOUTHWEST BANK AS THE EAST PROPERTY LINE. THE DISTANCE FROM THE
CENTERLINE OF THE FORT HALL LATERAL OR STUART LATERAL TO THE DETERMINED EAST LINE, APPEAR
TO AGREE WITH THE MONUMENTS SET ALONG THE EAST LINE OF THE NEIDER SUBDIVISION.
4. LOT 1 BLOCK 1 IS DEDICATED TO THE CITY OF CHUBBUCK FOR THE RIGHT-OF-WAY OF HAWTHORNE
ROAD.
5. LOT 2, BLOCK 1 IS SUBJECT TO AN EXISTING 12.00 FOOT WIDE EASEMENT
AS SHOWN ON DEED, INSTRUMENT NO. 22117949, GRANTED TO LINDSAY KAY
COVINGTON FOR INGRESS AND EGRESS TO SUBJECT PROPERTY.
PINETREE SUBDIVISION
SUBDIVISION PLAT
SW 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M.
BANNOCK COUNTY, IDAHO
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JOB NO. 18016 REVISIONS
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Isr�PHER 04/06/23 2 SHEET 1 OF 2
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25.00'
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EXISTING HEADGATE
CONCRETE STRUCTURE
15.00' P. U.E. \ \ cp
BLOCK 1
LOT 2 �\
0.34 ACRES
PINETREE LLC �\ O O�
INSTRUMENT NO. 22217578
O PILLAGE OF CHUBB UCK
12' WIDE EASEMENTS INSTRUMENT NO. 327096
,—(SEE NOTE NO. 5) �� \
130��
173.12'
N 89043'49" W 198.12'
LINSAY KAY CO UINGTON
INSTRUMENT NO. 22117949
I � n
25.00' MICHAEL FEHRINGER
ELIZABETH FEHRINGER
INSTRUMENT NO. 21712603
SW CORNER OF NORTH HALF
OF NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER
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o INSTRUMENT NO. 259146
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SW CORNER OF SECTION 3
FOUND 5/8" REBAR WITH
4+ALUMINUM CAP STAMPED PLS 10900
3 CP& F INSTRUMENT NO. 20520788
1
_ _ (K1 - S_89°1527" E 2632.70)
4 3 1316.35' 1316.35'
S 89°15'42"E 1320.16'
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441�3 1331.59' 1331.59' 310 (R1 - N 89016'28" V 2663.18) 10
SOUTHWEST QUARTER OF SECTION 3
NOTE: THE CALCULATED POSITION OF THE SW CORNER OF THE NORTH
HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AS
SHOWN, WAS DETERMINED USING CONTROL SURVEY FOR CITY OF
CHUBBUCK, RECORD OF SURVEY, INSTRUMENT NO. 20915791.
PROJECT
LOCATION
VICINITY MAP
(NOT TO SCALE)
SURVEYOR'S NARRATIVE
THE PURPOSE OF THIS SURVEY IS SUBDIVIDE
DEED INSTRUMENT NO. 22217578 INTO TWO LOTS.
THE BOUNDARY LINES OF THIS SUBDIVISION
WERE DETERMINE BY RECORD OF SURVEY,
INSTRUMENT NO.
SNL LAAT b
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PINETREE SUBDIVISION
LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST,
BOISE MERIDIAN, BANNOCK COUNTY, IDAHO
N
0 50 100
BASIS OF BEARING
THE BEARINGS AND DISTANCES OF THIS SURVEY ARE BASED UPON
THE CITY OF CHUBBUCK GRID COORDINATE SYSTEM.
T RC`RINTI
RIW
X
PROPERTY BOUNDARY LINES
SECTION LINES
SECTION INTERIOR 1/16 LINES
STREET RIGHT-OF-WAY LINE
EXISTING EASEMENT LINES AS NOTED
PUBLIC UTILITY EASEMENT (P.U.E.)
STUART LATERAL CENTERLINE
EXISTING FENCE LINES
ADJOINING PROPERTY LINES
SET 5/8" REBAR WITH 2" ALUMINUM CAP
STAMPED CHA PLS 12457
SET 1/2" REBAR WITH PLASTIC CAP
STAMPED CHA PLS 12457
SET 1" BRASS TAB IN CONCRETE
SIDEWALK STAMPED CHA PLS 12457
CALCULATED POSITION, NOTHING SET
RECORD OF SURVEY
INSTRUMENT NO. 20915791
NOTES
1. THE CENTERLINE OF STUART LATERAL WAS DETERMINE BY THE NORTHEAST CORNER OF THE NEIDER
SUBDIVISION, INSTRUMENT NO. 259146, AND THE CENTERLINE OF AN EXISTING HEADGATE LOCATED
ALONG THE CANAL AND NORTHERLY OF THE SURVEYED PROPERTY.
2. FORT HALL IRRIGATION PROJECT HAS AN 80.00 FOOT WIDE RIGHT-OF-WAY, 40.00 FEET EACH SIDE OF THE
CENTERLINE OF THE STUART LATERAL CANAL. NO MODIFICATIONS OR ENCROACHMENT WITHIN THE
LIMITS OF THE UNITED STATES RIGHT-OF-WAY FOR THE STUART LATERAL CANAL WILL BE ALLOWED
WITHOUT PRIOR WRITTEN APPROVAL BY THE BUREAU OF INDIAN AFFAIRS. THE 40.00 FOOT WIDE
RIGHT-OF-WAY WILL ALSO SERVE AS A DEDICATED EASEMENT TO THE CITY OF CHUBBUCK FOR ACCESS AND
RECREATION CONDITIONAL UPON WRITTEN APPROVAL FROM THE BUREAU OF INDIAN AFFAIRS.
3. THE EAST LINE OF THE PROPERTY AS STATED ON THE WARRANTY DEED, INSTRUMENT NO. 21808763, IS
THE SOUTHWESTERLY BANK OF THE FORT HALL LATERAL. DUE TO THE UNCERTAINTY OF WHICH SIDE OF
THE BANK TO USE, I DETERMINED TO USE THE LOCATION OF THE EXISTING FENCE LINES AT THE TOE OF
THE SLOPE OF THE SOUTHWEST BANK AS THE EAST PROPERTY LINE. THE DISTANCE FROM THE
CENTERLINE OF THE FORT HALL LATERAL OR STUART LATERAL TO THE DETERMINED EAST LINE, APPEAR
TO AGREE WITH THE MONUMENTS SET ALONG THE EAST LINE OF THE NEIDER SUBDIVISION.
4. LOT 1 BLOCK 1 IS DEDICATED TO THE CITY OF CHUBBUCK FOR THE RIGHT-OF-WAY OF HAWTHORNE
ROAD.
5. LOT 2, BLOCK 1 IS SUBJECT TO AN EXISTING 12.00 FOOT WIDE EASEMENT
AS SHOWN ON DEED, INSTRUMENT NO. 22117949, GRANTED TO LINDSAY KAY
COVINGTON FOR INGRESS AND EGRESS TO SUBJECT PROPERTY.
PINETREE SUBDIVISION
SUBDIVISION PLAT
SW 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M.
BANNOCK COUNTY, IDAHO
Ck
JOB NO. 18016 REVISIONS
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pE OF DRAWN BY: CMA 1 SCALE: 1"=50'
Isr�PHER 04/06/23 2 SHEET 1 OF 2
02, `l1
B/j, PouTELLO,
PINETREE SUBDIVISION
LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST,
BOISE MERIDIAN, BANNOCK COUNTY, IDAHO
SUBDIVISION BOUNDARY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 6
SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE WEST
LINE OF SAID SECTION 3, NORTH 00°16'11" EAST 179.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00°16'11" EAST 97.00 FEET; THENCE
AT RIGHT ANGLES TO SAID WEST LINE, SOUTH 89°43'49" EAST 159.00 FEET TO THE
SOUTHWESTERLY BANK OF THE FORT HALL LATERAL; THENCE ALONG SAID
SOUTHWESTERLY BANK, SOUTH 21'41'43" EAST 104.59 FEET; THENCE ALONG A LINE BEING
AT RIGHT ANGLES TO THE WEST LINE OF SECTION 3, NORTH 89°43'49" WEST 198.12 FEET TO
THE POINT OF BEGINNING.
SUBJECT TO: THE RIGHT-OF-WAY OF HAWTHORNE ROAD ALONG THE WEST PORTION OF
THE ABOVE DESCRIBED PARCEL.
SUBJECT TO: A TWELVE FOOT WIDE EASEMENT DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID
SECTION 3, NORTH 00016'11" EAST 179.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE, NORTH 00°16'11" EAST 12.00 FEET; THENCE AT RIGHT
ANGLES TO SAID WEST LINE, SOUTH 89043'49" EAST 193.28 FEET TO THE SOUTHWESTERLY
BANK OF THE FORT HALL LATERAL; THENCE ALONG SAID SOUTHWESTERLY BANK, SOUTH
21041'43" EAST 12.94 FEET; THENCE ALONG A LINE BEING AT RIGHT ANGLES TO THE WEST
LINE OF SECTION 3, NORTH 89°43'49" WEST 198.12 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 0.40 ACRES, MORE OR LESS.
OWNERS' 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 (NAME OF SUBDIVISION). 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.
CITY OF CHUBBUCK
THE PLAT ON WHICH THIS CERTIFICATE APPEARS IS HEREBY APPROVED BY THE CITY OF
CHUBBUCK, IDAHO, THIS DAY OF , 20
KEVIN ENGLAND (MAYOR) BRIDGER MORRISON P.E., CITY ENGINEER
JOEY BOWERS, CITY CLERK
DEVELOPMENT AGREEMENT
THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED UNDER
INSTRUMENT NO. IS HEREBY MADE PART OF THE
PLAT.
CULINARY WATER
ALL LOTS IN THIS SUBDIVISION ARE ELIGIBLE TO RECEIVE WATER FROM
THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM.
SANITARY RESTRICTIONS
SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13
HAVE BEEN SATISFIED BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY
REVIEW AND APPROVAL FOR THE DESIGN PLANS AND SPECIFICATIONS AND
THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED
SATISFACTION OF SANITARY RESTRICTIONS. WATER AND SEWER LINE HAVE
BEEN COMPLETED AND SERVICES CERTIFIED AS AVAILABLE. SANITARY
RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326,
IDAHO CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL.
SOUTHEASTERN IDAHO PUBLIC HEALTH DATE
COUNTY RECORDER'S CERTIFICATE
SAL LAiVo
'�GISTER
G
(OWNER) o
7
ACKNOWLEDGMENT OF
STATE OF ) ISrOPHER
)ss
County of )
ON THE DAY OF —120— BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC,
PERSONALLY APPEARED AUBREY NAASZ, MEMBER OF PINETREE LLC, KNOWN TO ME TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE FOREGOING OWNERS' CERTIFICATE, AND ACKNOWLEDGED TO ME
THAT S/HE IS THE PERSON, AS INDICATED, WHICH OWNS THE PREMISES, DESCRIBED IN THE BOUNDARY
DESCRIPTION, THAT S/HE IS THE PERSON WHO EXECUTED THE FOREGOING OWNER'S CERTIFICATE. IN
WITNESS WHEREOF, I HAVE SET MY HAND AND OFFICIAL SEAL THE DAY AND YEAR AS ABOVE WRITTEN.
NOTARY PUBLIC
RESIDING IN COUNTY, STATE OF
MY COMMISSION EXPIRES OF 20_.
COUNTY SURVEYOR'S CERTIFICATE
I, , SURVEYOR IN AND FOR BANNOCK COUNTY,
IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND
COMPUTATIONS SHOWN HEREON, AND HAVE DETERMINED THAT THE
REQUIREMENT OF IDAHO CODE 50-1305 HAVE BEEN MET, AND I
APPROVE THE SAME FOR FILING THIS DAY OF
, 20
COUNTY REVIEW SURVEYOR PLS NO.
COUNTY TREASURER'S CERTIFICATE
PURSUANT TO 50-1308, IDAHO CODE. I, JENNIFER CLARK, DO HEREBY CERTIFY THAT
ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH
DELINQUENT AND CURRENT, HAVE BEEN PAID IN FULL.
THROUGH
JENNIFER CLARK, COUNTY TREASURER DATE
CANAL COMPANY ACCEPTANCE
FORT HALL IRRIGATION PROJECT HAS REVIEWED THIS PLAT AND
ACCEPT THE EASEMENTS AS SHOWN.
FORT HALL IRRIGATION REPRESENTATIVE DATE
IRRIGATION WATER RIGHTS STATEMENT
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
I, CHRISTOPHER ADAMS, A REGISTERED LAND SURVEYOR OF 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 THE LAND AS MARKED UPON THE GROUND, THAT THE
MONUMENTS SHOWN CONFORMS WITH THAT SET OR FOUND UPON THE GROUND,
AND THAT THE PERTINENT PROVISIONS OF THE STATUTES OF THE STATE OF IDAHO
TOGETHER WITH ALL LOCAL ORDINANCES PERTAINING THERETO HAVE BEEN
COMPLIED WITH.
PINETREE SUBDIVISION
SUBDIVISION PLAT
SW 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M.
BANNOCK COUNTY, IDAHO
Q� �1`4
JOB NO. 18016 REVISIONS
DRAWN BY: CMA 1 SCALE: 1"=50'
04/06/23 2 SHEET 2 OF 2 ���rlA poCA1ELL0, 1➢
Job No. 18016
April 6, 2023
Sean,
Grizlk flollo w & YY,5gock) 4o,5, Inc
611 Wilson, Suite 1A, Pocatello, ID 83201
Phone: (208) 709-3113 / Fax: (208) 238-8852
I have revised the subdivision according to the listed items under General Comments items 2-11
as requested in the Letter provided, dated March 31, 2023.
Item No. 1 is requiring a 100.00 foot Right -of -Way along Hawthorne Rd, 50.00 feet from center-
line. If the suggested easterly Right-of-way width is adjusted to 50 feet, the new Right -of -Way line
will land at the front of the existing building and adding the requested 15 foot Public Utility Ease-
ment in Item No. 8 will be crossing through the existing building. The proposed Right -of -Way
will not allow for any parking in front of the existing building as well.
I am requesting that the City of Chubbuck accepts the current Right -of -Way width of 50 feet, 25
feet from centerline as shown on the Pinetree Subdivision. This will allow the existing building to
continue to function as permitted and continue to match the existing Right-of-way along the resi-
dences South of this Subdivision.
Sincerely,
Christopher Adams, PLS