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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' F-------♦— I 10' Irrigation 1 5' Irrigation Easement I Easement I� I I'O I I / 10' Public I I I I I I Utility Easement � I MI 10 1 Easement E! _a M I 31 Block 1 n rn (R3–) I I `o_ m1 Lot 6 3 3 1 i 10, Sewer 35.00' v I w 0 r Lot 'I I Lot 2 010 I .08 Acres 1 10' Public 0.15 Acres 3,523 sfUtility 6,348 sf 10 N Easement I 0 o I I o 4----^-1--------------- 'a "0' I Lot 5 ao 1 N 133.75' J, 12.89' _ S 89'53'11° W 172.39' _9.00' I o� 46.64- I 4b./Z) — o I I I I I o I I I / 10' Public I I Utility Easement Utility I I I Easement I Block 1 � (a 1 �� rn (R3–) I I per Plat Instr. #21814115 m1 Lot 6 3 3 1 i 10, Sewer 9,359 sf w Service \ to Easement I 10 N o f I 0 o I 10' Public 'a Lot 4 b 1 Lot 5 ao o l I 0.10 Acres I 0.10 Acres 4,568 sf I 4,512 sf 1 I I I I I 5' IrriEasement I o I I I I I --/146.64' Z j 46.64' 1j 46.64' 1 LOTS Mary Capell Deed #20106124 S''" E 105.00' 892414— 7.0 Lot 3(R) 0.05 Acres 4,005 sf �I g I I -- ------ — Private Drive o� I 70.00' 79.00 o I Cap PLS 15295 — o I i I 1 24' Private Cap PLS 80 5Rebar r ROS lnsttl #20510087 0 Drive and as noted Utility Easement 1 I (R7–) Record Bearing and Distance I I0q (R2–) II "' 10 rn (R3–) Record Bearing and Distance per Plat Instr. #21814115 °p W Lot 6 0.21 Acres 9,359 sf to I 10 N I I 10' Public Utility 1 50.00' V I 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. 0 a d Ea Yap o_ 2 N Q � �9 J � N 89'53'11 E 93.28' Easement n s I I a a 1 I I o a I o I I M I I Lot 7 I I 0.19 Acres 8,043 sf N 89'53'11" E 79.00' I N I I I 1 10' Irrigation Easement West 1/4 Corner Section 3 1 0l Found PK Nail as per CP&F Instr. #22114871 L — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — I NI T,P.0 — (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 �2I 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 O 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