HomeMy WebLinkAboutItem #2 J.L Estates Final Plat/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: August 2, 2023
Re: Final Plat for J.L. Estates
Applicant: Tiffany Frasure
11806 N. Rio Vista Rd.
Pocatello, ID 83202
Professional Services
Dioptra
4880 Clover Dell Rd.
Chubbuck,ID 83202
Application: J.L. Estates subdivision, approximately 0.90 acres with 4
residential twin home building lots, 1 single family residential
building lot, 1 single family residential building lot with existing
home, and 1 single family residential building lot that is non -
buildable at this time. Located in the NW'/4 of Section 3,
Township 6 South, Range 34 East, of the Boise Meridian, on the
west side of Lucky Ave. between James Ave. and Adams St.
Generally located at 5201 Lucky Ave.
Existing Zoning: Limited Residential (R-2)
Existing Land Use: Residential / Pasture
Staff Report: The final plat for J.L. Estates substantially conforms to the preliminary plat
approved by the City Council on August 16, 2023. The final plat application has been
reviewed by staff and appears to meet the standards of Titles 16, 17, and 18 of City
Code. Specifically:
• 17.12.130: The final plat application was submitted within the twelve months
validity period
• 17.12.220: The Community Services Director has reviewed the final plat and finds
that it substantially conforms to the approved preliminary plat;
o There is no increase in the number of lots nor any additional streets
o This is no significant change in the configuration of lots or street alignment
o There is no significant change in the size or location of open space
o No other changes have occurred which have affected the reviewed
preliminary plat
• Staff Recommendation:
o Recommend Approval.
o If approved, recommend approval of Findings of Fact and Conclusions of Law.
• Recommended Condition(s) if approved:
o J.L. Estates construction plans be approved by the Development Services
Division.
o The development shall retain Fort Hall Irrigation Project water rights for use
with future irrigation facilities.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Final Plat for J.L. Estates
1940�t-\
CHUBBUCK
1 0
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
laofk\
CHUBBUCK
I D 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
FINAL PLAT FOR J.L. ESTATES, APPROXIMATELY 0.90 ACRES LOCATED ON THE
WEST SIDE OF LUCKY AVE. BETWEEN JAMES AVE. AND ADAMS ST., GENERALLY
LOCATED AT 5201 LUCKY AVE.
FACTS
REQUEST: The applicant proposes a 7 lot Final Plat for 4 residential twin home lots, 1 single family residential
building lot, 1 single family residential building lot with existing home, and 1 single family residential
building lot that is non -buildable at this time, in the J. L. Estates subdivision. It includes constructing a
private drive for access and providing water and sewer services to all buildable lots.
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:
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: ±0.90 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
Final Plat Approval Form- FFCL
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:
1. 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.
2. In accordance with City Code 17.12.130, a final plat application was filed in time to be reviewed
in accordance with a preliminary plat which was approved on August 16, 2023.
3. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular
Meeting of the City Council.
4. In accordance with City Code 17.12.220, the Community Services Director found that the final
plat application met substantial conformity with the approved preliminary plat.
5. In accordance with City Code 17.12.230, the record was reviewed on August 16, 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:
lao�t-\
CHUBBUCK
1 0
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. J.L. Estates construction plans be approved by the Development Services Division.
b. The development shall retain Fort Hall Irrigation Project water rights for use with future
irrigation facilities.
2. The final plat proposal substantially conforms with the approved preliminary plat, meaning that
the following are found:
a. The number of lots have not increased nor has there been a significant change in the
configuration of lots;
b. The street alignment has not changed significantly;
c. No additional streets are proposed;
d. There has not been a significant change, of more than 10%, in the size or location of open
space whether public or private;
e. No other changes have occurred that have affected the reviewed and approved
preliminary plat.
ORDER: CONCLUSION AND DECISION: PERMIT TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Final 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 final plat is valid for a period of two (2) years. Approval of a final 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 final 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
194�0t\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
Council approval, the final plat and supporting documents shall be resubmitted to the City for a
review of compliance to then existing applicable ordinances and regulations.
S. 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
/9470't-\
CHUBBUCK
1 0
20
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
A,— —
Found 5/8" Rebar with
Aluminum Cap Marked PLS 977
per Cottage Grove Subdivision
Inst. #94013063
_Adams St. _
N 89'28'41" W 482.03'
Net Prophet LLC
Deed #21506222
S_89'24'14" E
67.51'
4.85 33. 7 5'
33.76'
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LOTS
Mary Capell
Deed #20106124
S''" E 105.00'
892414— 7.0
Lot 3(R)
0.05 Acres
4,005 sf
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Cap PLS 80 5Rebar
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as noted
Utility Easement
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(R7–)
Record Bearing and Distance
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(R2–)
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(R3–)
Record Bearing and Distance
per Plat Instr. #21814115
°p W
Lot 6
0.21 Acres
9,359 sf
to
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50.00'
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Final Plat for
Found 5/8" Rebar with
Aluminum Cap Marked J. L. ES TA TES
PLS 10900 per ROS
Inst. #21201773 A RE—PLAT OF A PORTION OF LOTS 1 AND 2,
BLOCK 1 OF MINGO SUBDIVISION
LOCATED IN THE SW 1/4 OF THE NW 1/4 SECTION 3,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
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0.19 Acres
8,043 sf N 89'53'11" E 79.00' I
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1 10' Irrigation
Easement
West 1/4 Corner Section 3 1 0l
Found PK Nail as per
CP&F Instr. #22114871 L —
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
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(Ri–N 8925'13" W 174.21)
4 .. .. � .. _ .. _ _ N 89°15'27" W 172.24'
785.61' 25.00' 25.00'
3(R2-785.60'–CALC) Green, Cod Jason Carlin Weston Pearce
Y 9. Campbell, Kevin
Deed #22300217 Deed #22111958 Deed #20716327 0
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S 89'15'27" E 1316.36'
(R3–S 89'1527" E 1316.36)
Monumented Basis of Bearing
Found 5/8" Rebar with
Aluminum Cap per ROS ,James Ave.
Inst. #21812379 —
VICINITY MAP
Parcel Boundary
Lot Lines
Adjoining Parcels
Easements
Road Center Line
Dn
LEGEND
--------- Common Wall Lot Lines
• Section Line
NOTES
Lot 3(R) is not buildable and will
be restricted from building until
future phase.
Found 5/8" Rebar with
Plastic Cap PLS 15295 per
Plat Inst. #21814115
West 1/16th Corner Section
Found 5/8" Iron Rod Marked
PLS 7314 as per ROS Inst.
A #21812379
V 308.51
(R7-304.07)
(RJ -306.52)
•
Set 1/2" Rebar with Plastic
Cap PLS 15295
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Set 5/8" Rebar with Plastic
Cap PLS 15295
FouO with Plasc
Cap PLS 80 5Rebar
r ROS lnsttl #20510087
0
Found 5/8" Rebar
as noted
X
Calculated Position
(R7–)
Record Bearing and Distance
per ROS Instr. #20510087
(R2–)
Record Bearing and Distance
per ROS Instr. #21812379
(R3–)
Record Bearing and Distance
per Plat Instr. #21814115
BASIS OF BEARING
Basis of bearing per Idaho State
Plane Coordinate System - East
Zone. GPS observation
combination factor: 1.0002579939.
Crigin:Lot: N 42'55'40.02279
Long: W 112°27'59.13559
Height: 4458.102'
All distances are US Survey Feet.
L�� S
15295 A
STTgTF OF ��PCLO
ART K .
SUBDIVISION BOUNDARY DESCRIPTION
Part of the parcel of land described in Deed #22217562, also being a part of Lots 1
and 2, Block 1 of Mingo Subdivision, record instr. #367829, located in the SW 1/4 of
the NW 1/4 of Section 3, Township 6 South, Range 34 East Boise Meridian, Bannock
County, Idaho, described as follows;
Commencing at the West 1/4 Corner of Said Section 3,
thence S 89'15'27" E 785.61 feet along the Latitudinal Centerline of Section 3, also
being the North line of Stuart 2nd Addition ROS Inst. #387811, to the Southeast corner
of the parcel described in Deed #22217562, said point being the True Point of
Beginning,
Thence N 00'10'23" W 263.39 feet along the West line of said parcel to the Northwest
corner of said parcel,
Thence S 89'24'14" E 67.51 feet along North line of said parcel also being the South
line of Block 1 Lot 3 of Mingo Subdivision,
Thence S 00'06'49" E 60.00 feet along West line of the parcel of land described in
Deed #20106124,
Thence S 89'24'14" E 105.00 feet along the South line of said parcel,
Thence S 00'06'49" E 203.83 feet along the West Right—of—Way line of Lucky Ave,
Thence N 89'15'27" W 172.24 feet along said Latitudinal Centerline of Section 3, also
being the North line of Stuart 2nd Addition ROS Inst. #387811 to the Point of Beginning.
Parcel contains ±0.90 acres
OWNER'S CERTIFICATE
Know all men by these presents that we, Tiffany Frasure and Trent Frasure, the
undersigned owners of the tract of land described in the Boundary Description, have
caused the same to be subdivided into a Block and Lots to hereafter be known as
J.L. Estates. It is our intention, the undersigned owner, to include all the land
described in the Boundary Description on this Plat. The location and dimensions of the
Block and Lots 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 owner's 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.
Tiffany Frasure Trent Frasure
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, Tiffany Frasure and Trent Frasure, 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 some. 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
HEALTH DEPARTMENT CERTIFICATE
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
Environmental Health Specialist
CyIVigo] 0y:n13:111N5
The plat on which this certification appears is hereby
approved by the City of Chubbuck, Idaho this day
of , 2023.
Mayor City Engineer
City Clerk
DEVELOPMENT AGREEMENT
The City of Chubbuck Development Agreement recorded as
Instr. # , are hereby made a part of this plat.
IRRIGATION CERTIFICATE
Lands within this plat are entitled to irrigation water supplied by Fort
Hall Irrigation Project. Delivery of irrigation water from the Project to
individual lots has been done in compliance with Idaho Code section
31-3805(b). Property owners will be obligated for assessments
through Fort Hall Irrigation Project.
CULINARY WATER
This subdivision is eligible to receive water
from the City of Chubbuck municipal systems.
Y91C4V1:'d►1_1VV2111W:
1. The purpose of this survey is to subdivide the parcels described in Deed
#22217562, also being a portion of Lots 1 and 2, Block 1 of Mingo Subdivision,
Inst. #367829 into Lots and Blocks as shown.
2. The south line was determined by the Latitudinal Centerline of Section 3 and found
monuments as shown.
3. The West subdivision line was determined based on found monuments on North line
of the parcel ROS Inst. #20510087. Record geometry was held and using the angular
relationship between said lines shown to establish the bearing on said West subdivision
line.
4. The North subdivision boundary was determined by found monuments on said line
and projected out towards ROW line of Lucky Avenue.
5. The East subdivision boundary was determined from found monuments on the
centerline of Lucky Avenue and used 25' offsets as shown on ROS Inst. #20510087 to
establish the West ROW line of Lucky Avenue, said line also being the said East
subdivision boundary.
Final Plat for
J. L. ES TA TES
A RE -PLAT OF A PORTION OF LOTS 1 AND 2,
BLOCK 1 OF MINGO SUBDIVISION
LOCATED IN THE SW 1/4 OF THE NW 1/4 SECTION 3,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
EXAMINING 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
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.
Stewart K. Ward PLS# 15295 Date
�pL LAS
15295
STT9jF OF SOP �O
�qRT K.
COUNTY RECORDERS CERTIFICATE