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Home My WebLink AboutItem #1 JL Estates Preliminary Plat/a 0�t\ CHUBBUCK I D A H O Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us J.L. Estates PRELIMINARY PLAT REQUEST - STAFF REPORT CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON August 8, 2023 STAFF FINDINGS SUMMARIZED After reviewing the proposed J.L. Estates preliminary plat, Staff finds that it appears to meet the code requirements with the following comments: The development will be required to maintain Fort Hall Irrigation Project water rights for use with future landscape irrigation facilities. Preliminary Plat recommendations are conditional upon City Council approval of J.L. Estates. STAFF RECOMMENDATION: Staff recommends approval of the preliminary plat with the following conditions: Development shall retain Fort Hall Irrigation Project water rights for use with future irrigation facilities. FACTS REQUEST: The applicant proposes a 7 lot Preliminary Plat for 4 twin home building lots, 2 single family residential building lots and 1 non -buildable lot in the J.L. Estates subdivision. It includes constructing a private drive for access and providing water and sewer services to all buildable lots. BACKGROUND: This is the 1 st division of the J.L. Estates subdivision. TYPE OF COMMISSION 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). Recommendation/approval of this preliminary plat shall be whether it meets the requirements of the City of Chubbuck ordinance and State of Idaho statutes. The Commission may recommend approval with or without conditions, may table a decision, or may recommend denial of the application. OWNER: Tiffany Frasure 11086 N. Rio Vista Road Pocatello, ID 83202 PROFESSIONAL SERVICES: Dioptra 4880 Clover Dell Road Chubbuck, ID 83202 LOCATION: NW 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the west side of Lucky Ave. between Adams Street and James Avenue. Generally located at 5201 Lucky Ave. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential (R-2) CURRENT LAND USE: Residential / Pasture PROJECT SIZE: ±0.91 acres VIEWS: Generally visible from the east TOPOGRAPHY: Generally flat EXISTING STRUCTURES: 1 House w/ Multiple Outbuildings SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2018: Hawthorne Rd at James Ave, 5444/day 2020: Park Lawn Dr at Yellowstone Ave, 2249/day NORTH: Residential; Limited Residential (R-2) zone EAST: Residential; Limited Residential (R-2) & Planned Unit Development (PUD) zone SOUTH: Residential; Limited Residential (R-2) zone WEST: Residential; Limited Residential (R-2) zone SERVICES: ACCESS STREET: Current access from Lucky Avenue. 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: Bureau of Indian Affairs — Fort Hall Irrigation Project PROCEDURES: In accordance with City Code 17.12.030-050 and Resolution 2022-07, a complete petition and fees for a preliminary plat were filed with the City and which contained the appropriate documents and waiver requests pursuant to 17.12.040. In accordance with City Code 17.12.100, the application is scheduled to be heard at the August 8, 2023 Regular Meeting of the Land Use and Development Commission. In accordance with City Code 17.12.080, notice were provided as follows: a. Notices posted on the subject property. b. Notices provided to City departments, other government agencies, and affected public utility providers. 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 PUBLIC COMMENTS: 1. No written comments were received as of this report. 1940�t-\ CHUBBUCK 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us STANDARDS FOR REVIEWING A PRELIMINARY PLAT 1. Does the Preliminary Plat comply with applicable laws and ordinances? CITY CODE TITLE 77- LAND DEVELOPMENT Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.030, Copies to be Submitted, Notice and Fee 17.12.050 Staff The applicant has completed the requirements of these Comments sections. Department Public Works: x Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. Concerns have been addressed by the applicant. x Department Fire Department: Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. Concerns have been addressed by the applicant. x Department Police Department: Comments The department has reviewed the applicant's proposal for compliance and finds that it meets the code requirements. No concerns. CITY CODE TITLE 17 — PRELIMINARY PLAT STANDARDS Compliant Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 17.12.150 Form of Presentation Staff Applicant has provided all information required of this section. Comments x 17.12.160 Identification and Descriptive Data Staff Applicant has provided all information required of this section. Comments x 17.12.170 Existing Conditions Data Staff Applicant has provided a preliminary plat showing existing Comments contours, locations of existing water and sewer systems, street names and rights-of-way, and all other information required of this section. x 17.12.180 Proposed Conditions Data Staff Applicant has provided a preliminary plat showing proposed Comments conditions including lot dimensions, easement use and locations, and street layout. x 17.12.190 Proposed Utility Methods Staff Water and sewer will be extended into the development, Comments applicant has provided service locations shown on the preliminary lat. 1940�t-\ CHUBBUCK 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us CITY CODE TITLE 18- LAND USE Compliant I Standards and Staff Comments Yes No N/A City Code City Standard and Staff Comments x 18.08.042A Height and area Regulations Staff This is proposed in the R-2 zone and is limited to 35 ft. high and Comments 6,000 s.f. minimum lot size. x 18.08.044 Lot Width to depth ratio Staff This is proposed in the R-2 zone, maximum ratio is 1:2 Comments PUBLIC IMPROVEMENT REQUIREMENTS Improvement Description Water Water services will be constructed and connected to existing water mainlines. Sewer mainlines with services will be constructed and connected to existing Sewer sewer mainlines. The new sewer mainline serves only this development and will be private and maintained by the development. No additional right-of-way will be dedicated and the existing street will remain Streets as constructed with a private shared drive being constructed for access. Storm water from the street will be collected in the existing storm system in the Storm Drainage roadway, while storm water from the lots will be required to be retained on site. Pressurized Secondary The development is required to maintain Fort Hall Irrigation water rights for use Irrigation with future landscape irrigation facilities. Parks Park impact fees will be collected with each building permit. Agency BTPO Bureau of Indian Affairs Cable One Century Link Direct Communications ID Fish and Game ID Transportation Idaho Power Intermountain Gas School District 25 SE Idaho Public Health US Postal Service 194�0t\ CHUBBUCK 1 0 OTHER AGENCY COMMENTS AND REQUIREMENTS No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. No comment received. Concern has been addressed. No comment received. No comment received. No comment received. Comment 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us EXAMPLE MOTIONS APPROVAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials to the City Council with the following conditions and waiver recommendations: 1. (if found necessary by LUDC). APPROVAL (NO CONDITIONS): Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are satisfied, I move to recommend approval of the preliminary plat as described in the application materials. DENIAL: Having reviewed the petition materials, staff report, and all testimony presented before and by the City in this hearing as part of the record against criteria established by City Code 17.12.100, and having found that those criteria for approving a preliminary plat request are not satisfied, I move to recommend denial of the preliminary plat request as described in the application materials. I find that the petition fails to comply with... [CITE SPECIFIC STANDARD WHICH IS NOT MET AND DESCRIBE WHY IT WAS NOT MET]. SPECIAL CONSIDERATIONS FROM IDAHO CODE: • I.C. 67-6513: Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby. REPORT: Sean Harris, Development Services Manager sharris@cityofchubbuck.us (208) 237-2430 Ext. 108 DATE: July 18, 2023 EXHIBITS 1. Reference Map 2. Application for Preliminary Plat 3. Plat 4. Narrative for Preliminary Plat 5. Maps a. Future Land Use 194�0t\ CHUBBUCK 1 0 Staff comments in this report are based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us b. Current Zoning 6. Evidence of Notice a. Site Postings b. Agency notices on file w/staff 1940�t-\ CHUBBUCK 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us CHUBBUCK lonflo Exhibit 1: Reference Map — J.L. Estates 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us CHUBBUCK 1 0 290 E. Linden Avenue Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION Oct. 2022 Form- Replaces Prior Versions PAGE 1 OF 5 Requirements and procedures for Preliminary Plat applications are found in section 17.12.030 — 1712.190 of municipal code. The following must be completed and submitted with all required documents in order to progress to the next stage of the review process; failure to submit a complete application packet may result in additional fees. DATE RECEIVED: INITIALS: FEES PAID? Y N AMOUNT: SECTION A —DEVELOPER/APPLICANT INFORMATION Al. Name Tiffany Frasure A2. Mailing Address 11086 N Rio Vista City State Zip Code Pocatello ID 83202 A3. Phone Number (including area code) A4. Email Address 208-604-2822 �tiffany@probuildersidaho.com SECTION B — PROFESSIONAL SERVICES INFORMATION B1. Firm Name Dioptra B2. Mailing Address 4880 Clover Dell Rd City State Zip Code Chubbuck ID 83202 B3. Point of Contact (Name) 34. Email Address Stewart Ward stewart@dioptrageomatics.com SECTION C —SITE INFORMATION Cl. Site Address City Zip C2. Tax Parcel #(s) 5201 Lucky Ave Chubbuck 83202 RPRCMIN000202 and RPRCMIN000101 C3. Current Land Use C4. Are there existing structures on-site? R-2 Residential ❑■ Yes ❑ No C5. Is the site under contract or in the name of the developer/applicant? C6. Approximate size of property ❑■ Yes ❑ No 0.91 Acres C7. Are there any existing items of which Staff should be aware? C8. Does the site contain irrigation water rights? ❑ Yes ❑■ No If yes: ❑■ Yes ❑ No If yes, which company/district: Fort Hall Irrigation Project CHUBBUCK 1 0 290 E. Linden Avenue Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION Oct. 2022 Form- Replaces Prior Versions PAGE 2 OF 5 SECTION D — PROPOSED DEVELOPMENT INFORMATION D1. Plat Name D2. Number of Lots J.L. Estates 7 D3. Type of Land Uses within development (residential, commercial, industrial, etc.) D4. Water & Sewer Needs Residential D5. Are there any issues related to the development of which Staff should be aware prior to meeting? ❑ Yes ❑■ No If yes: Will the development contain any commonly -owned and/or maintained improvements (stormwater facilities, community mailboxes, streets, D6. parks/playgrounds, etc.)? ❑ Yes ❑■ No If yes, what? Will the development contain any land within a designated floodplain (FEMA or Chubbuck? ❑ Yes ❑■ No If yes, what zone?: D7. If yes, how do you intend to minimize flood damage to structures, and public utilities and facilities such as sewer, gas, water, and electrical systems?? If yes and the proposal contains more than 50 lots or more than 5 acres, whichever is lesser, and there no base flood elevations established for the floodplain, you must submit base flood elevation data with the application package. Only for plat containing residential units: The City has adopted Parks Impact Fees with requirements that parks impact fees are due when building permits for residential units are issued. There may be times when the developer proposes to dedicate land and/or construct park improvements to satisfy the parks impact fee funding obligation in whole or in part. Which is anticipated with this development? D6. ❑ No public arks/park land are proposed with this phase, or any public parks/park land will benefit only this development, parks impact fees will be collected ❑ Public parks/park land are proposed that will benefit more than just this development, parks impact fees may be adjusted only by agreement between the city and the developer prior to construction, fund, or contribution based on the present value of system improvements and land in accordance with Chapter 17.28 of municipal code. SECTION E — ADDITIONAL SUBMITTAL REQUIREMENTS E1. Preliminary Plat Application Fees: Total # of lots 7 X $20.00 + $550.00 base fee = $ 690.00 total Public Notice Sign Deposit (full or partial refund at Director's discretion) = $ 100.00 ❑ Traffic Impact Analysis Report Review fee (if required) = $ 500.00 $ 790.00 total due E2. Master Plan, for any preliminary plat that is a portion of a large parcel, part of a larger group of commonly held parcels, or part of a larger development which has been, or shall be developed by the developer, shall be accompanied by a master plan submitted during the preliminary platting process. A master plan must be submitted with each preliminary plat filed. E3. Preliminary codes, covenants, and restrictions (CC&Rs) addressing maintenance of commonly owned improvements and/or land, if the development will contain any commonly owned improvements and/or land. For purposes of this requirement, commonly owned improvements include stormwater facilities, cluster mailboxes, private open space/parks/amenities, etc. E4. Narrative indicating how the approval criteria for preliminary plats are addressed. Approval criteria are as follows (17.12.100): 1. The subdivision proposal complies with applicable provisions of this title. 2. The subdivision proposal complies in principle with all applicable city design standards and development regulations. CHUBBUCK 1 0 290 E. Linden Avenue Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us PRELIMINARY PLAT APPLICATION Oct. 2022 Form- Replaces Prior Versions PAGE 3 OF 5 3. The subdivision proposal complies with all applicable zoning requirements of the underlying zoning district, applicable overlays, and other applicable development standards. 4. All public facilities including streets, sidewalks, curbs, gutters, secondary pressurized irrigation, water, sewer, fire protection, and sanitation services can be provided to the newly created lots and accommodate future extension to adjacent land. The use of a "control strip" intended to control or prevent the future extension of public facilities or development of adjacent land is prohibited. 5. If city public works determines that the proposed subdivision will result in significant traffic impacts then a "traffic impact study" will be required as part of the commission's review. A significant traffic impact is generally defined as occurring when: a. A proposed development or redevelopment of a site will generate 100 or more new peak hour trips; or b. The added volume is equal to 1,000 vehicles per day. 6. The proposal provides for a continuation of a connected transportation system unless topography or natural features prevents a connection to abutting streets or property. 7. The proposed subdivision provides for bicycle and pedestrian transportation routes and amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle and pedestrian plans. 8. Public utilities are provided to the newly created lots in public rights of way or in appropriately sized easements. E5. If the development contains area with any FEMA or City of Chubbuck designated floodplains, the following must be submitted: 1. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, base flood elevations shall be determined prior to filing an application for a preliminary plat and said determinations must be submitted with the application package. 2. If the development, either within a single phase or as part of a larger planned development, contains more than 50 lots or 5 acres, whichever is less, evidence must be submitted demonstrating that a CLOW application has been filed with FEMA. E6. Traffic Impact Analysis — Category A, Category B, or Statement. Follow the Traffic Impact Analysis Guidelines as adopted from Bannock Transportation Planning Organization. E7. Because every application is different, rules and regulations may differ and staff may require additional information or submittals before an application can be deemed complete and ready for the review process beyond staff level. 290 E. Linden Avenue Chubbuck, ID 83202 lao�t-\ 208.237.2430 CHUBBUCK www.CityofChubbuck.us 10AH0 PRELIMINARY PLAT APPLICATION Oct. 2022 Form- Replaces Prior Versions PAGE 4 OF 5 E8. PDF Drawings drawn according to municipal code containing the following: Code Reference Staff Preparer's Reviewers Initials Initials Description 17.12.150 —17.12.160 Presentation & Descriptive Data SWH TS • Drawing Size (11"x22" minimum through 22"x34" maximum) SWH TS • Proposed Name SWH TS . Location of Development by Section, Township, Range SWH TS • Reference to Section or Quarter Corner (dist. & Bear.) SWH TS • Name, Address, Phone Number of Developer SWH TS • Name, Address, Phone Number of Engineer/Surveyor SWH TS • North Arrow SWH TS • Date of Preparation (Including Revisions) SWH TS • Vicinity Map 17.12.170 Existing Conditions SWH TS • Existing Contours @ adequate Interval SWH TS 0Existing Features SWH TS • Existing Utilities SWH TS • Existing R -O -W, easements, public areas, corporation lines SWH TS • Instrument # for parcels with common boundaries SWH TS • Existing & proposed zoning SWH TS . Total acreage SWH TS • Boundary dimensions 17.12.180 Proposed Conditions SWH TS • Street layout (including width) SWH TS • Street names SWH TS • Connections to existing streets SWH TS • Lot dimensions SWH TS . Lot numbers SWH TS . Total number of lots SWH TS • Location, width, and use of easements SWH TS . Designation of land for public use (parks and open space) 17.12.190 J& Proposed Utility Methods SWH TS • Proposed sewage disposal SWH TS • Proposed water supply SWH TS • Proposed storm water disposal S` n'u Tc V V I I J • Proposed secondary pressurized irrigation (if the site has irrigation rights) 15.54 (adopted 6/3/20) Floodplain requirements (N/A if there is no floodplain in the development) SWH N/A 0 Floodplain boundaries, type, and BFEs 290 E. Linden Avenue Chubbuck, ID 83202 PRELIMINARY PLAT 208.237.2430 CHUBBUCK www.CityofChubbuck.us APPLICATION Oct. 2022 Form- Replaces Prior Versions loneo PAGE 5OF5 SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 agree to comply with all provisions of ordinances and laws governing this type of work, whether specified herein or not. • 1 am aware that if this application is not complete, the preliminary plat review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. • 1 certify that I am authorized to file this application. F1. Signature F2. Printed Name F3. Date Stewart K. Ward 4-25-23 SECTION G -FOR STAFF USE ONLY G1. COMPLETENESS REVIEW: Deemed complete? Reviewed by: Date: ❑ Yes 0 No If no, list concern(s): Submit Payment of $790, Submit draft CCR's Applicant Notified? 0 Yes ❑ No Comments: notified by email 0 NOp 0O0� Z P N Ol. m A Uoz -MN I ;o (J a_.N (.Ip O p S D AO < ouW N O N 00;u (.I a N O M N � w O G O p p 3Nm5" W Q N N N p�nCo p (i O W � NO 2N 0 o o n' TI O O C y� m W � o. F3 0 U o ° GZi M�------ L,4@ W MW W Lucky Ave SSII SS �qsS SS SS SS - - SS J SSSS �• o VD � aZ SOH D_ N �Nm aK'— Easement m_ = I 1N a c, y � F fl o ,. F 3 F T = mF U 3 = Easement = Ec r O n a a oo� �Us�C IQJ I �o'ZO�L o prnP'lno~ 3 N°° a F N OO ® �^ I 2 O� n m PR �G SFS M iF � d 0 .~0 I I I m c>' m _? ;Ds __"° n I N /�� m i mn''2� �� a m a a - - - - - - m >>>>>>>> N - ' - " Z O o13 f ,Q) m C m O - - - - S. - - - 3 o �(� ��mo * c y° m° D n n n n n n s v FN o N n v F m 6 i 2 3 m m F- h m a a n Ao Z <rA 1 O 0 0 vJ m ^ - Rc a o? <O m g • W Ov a 2 0 7v a O p F o 0 0 a c.w DIOPTRA J.L. Estates Preliminary Plat Narrative Prepared by Dioptra, Stewart Ward, PLS Tiffany Frasure is requesting approval of a residential housing development to be named J.L Estates. This development is located at 5201 Lucky Ave. The parcel is zoned Limited Residential (R-2). All lots within this development are greater than the minimum lot size and setback requirements for an R-2 zone. J.L. Estates is a residential development consisting of seven (7) lots; with two (4) twin home lots, two (2) single family lots, and one (1) for a private road. The twin home lots will be front facing each other and towards the private road, not Lucky Ave. No new right-of-way for Lucky Ave will be defined as part of this development. The curb/gutter and sidewalk design of the new private road will be matched in design to Lucky Ave. Sanitary sewer lines and water lines will be serviced into the development off Lucky Ave. Each residential unit will be provided with their own service line. Storm water will be retained in roadside swales and all storm water within the development will be retained in a retention basin on site. Property will retain irrigation rights as per Fort Hall Irrigation Project. 4880 Clover Dell 208-237-7373 Chubbuck, Idaho 83202 Exhibit 5a: Comprehensive Plan Future Land Use Map J.L. Estates Future_Designation Commercial Employment High Density Low Density Medium Density Mixed Use 1940't -I\ CHUBBUCK IORNO 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us 1940�t-\ CHUBBUCK 1 0 Exhibit 5b: Current Zoning and Requested Change J.L. Estates .Adams St. —f6- ,-11 rI-- `I - �_- Subject a, Property Jams Av e. i I .7 -A S•.i_ -I Landuse_Category MAgriculture (A) M Creative Community M Dense Residential (R-4) M General Commercial (C-2) M Industrial (1) M Limited Commercial (C-1) M Limited Residential (R-2) M Limited Residential - P (R -2P) M Planned Unit Development (PUD) M Single Family Residential (R-1) 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us / �. l� ,k_ `� �':� '�