HomeMy WebLinkAboutItem #3 Lot 13 Re-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: October 23, 2023
Re: Short Plat for Lot 13 Re -Plat
Applicant:
Professional Services:
Grove Block 1 LLC — Grant Roper
1375 Sawtooth Street
Chubbuck, ID 83202
Dioptra
4880 Clover Dell Road
Chubbuck, ID 83202
Application: Lot 13 Re -Plat, approximately 2.37 acres with 13 non -
buildable single family residential lots. Located in the NE
1/4 of Section 8, Township 6 South, Range 34 East, of the
Boise Meridian, Idaho in Chubbuck, Idaho. Generally
located on the west side of Philbin Road adjacent north of
the Redman Lateral Canal.
Existing Zoning: Single Family Residential (R-1)
Existing Land Use: Vacant
Staff Report: The final plat for Lot 13 Re -Plat 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 The applicant is required to utilize the existing secondary pressurized
irrigation system for landscape watering.
• 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 do not meet minimum lot standards in the Single Family Residential
(R-1) zone. Staff is supportive of the proposed preliminary plat lot layout
as they are intended as additions to adjacent parcels
• Staff Recommendation:
o Recommend Approval.
o If approved, recommend approval of Findings of Fact and Conclusions of
Law.
• Recommended Condition(s) if approved:
o An existing pressure irrigation mainline runs along the north line of this
subdivision with services to each existing lot. With each lot being
individually/privately owned as proposed it will be extremely difficult for
the City to access and maintain. Therefore, the pressure irrigation mainline
and services along the north line of lots 1 -12 shall be privately owned and
maintained by the HOA or individual property owners.
o Lot 13 is currently irrigated from the City's potable water system but not
metered. Lot 13 shall have a 2" water meter installed on the existing
service line or disconnected from the potable water system and connected
to the existing pressure irrigation system.
o Submit plans for review and approval for either installing a 2" water meter
on the existing water service or installing a connection to the existing
pressure irrigation system.
/94�1c\
CHUBBUCK
1 0
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Attachments:
Proposed Findings of Fact and Conclusions of Law
2. Short Plat for Lot 13 Re -Plat
1940�t_\
CHUBBUCK
1 0
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
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CHUBBUCK
I D A H O
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 LOT 13 RE -PLAT, APPROXIMATELY 2.37 ACRES LOCATED ON
THE WEST SIDE OF PHILBIN RD., ADJACENT NORTH OF THE REDMAN LATERAL
CANAL
FACTS
REQUEST: The applicant proposes a 13 lot short plat for 12 residential lots and 1 common lot in the Lot 13
Re -Plat subdivision. It includes dividing Lot 13, Block 1 of The Grove — Division No. 1 into lots adjacent
south of existing lots in Block 1 of The Grove — Division No. 1.
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:
Grove Block 1 LLC — Grant Roper
1375 Sawtooth St.
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra LLC
4880 Clover Dell Road
Chubbuck, ID 83202
LOCATION: NE 1/4 of Section 8, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the west side of Philbin Road, adjacent north of Redman
Lateral Canal.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Single Family Residential (R-1)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±2.37 acres
VIEWS: Generally visible from the east
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Irrigation Booster Station
RECENT TRAFFIC COUNTS:
2022: W. Chubbuck Rd at Philbin Rd, 6665/day
2021: Philbin Rd at W. Chubbuck Rd, 6896/day
SURROUNDING LAND USES AND ZONING
NORTH: Residential; Single Family Residential (R-1)
EAST: Roadway (Philbin Road); Single Family Residential (R-1)
SOUTH: Commercial; Bannock County Light Industrial and Wholesale (LIW)
Final Plat Approval Form- FFCL
WEST: Residential; Single Family Residential (R-1)
SERVICES:
ACCESS STREET: Current Access from Sawtooth St.
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 17.12.200 and Resolution 2023-09, 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 November 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:
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:
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. An existing pressure irrigation mainline runs along the north line of this subdivision
with services to each existing lot. With each lot being individually/privately owned as
proposed it will be extremely difficult for the City to access and maintain. Therefore,
the pressure irrigation mainline and services along the north line of lots 1-12 shall be
privately owned and maintained by the HOA or individual property owners.
b. Lot 13 is currently irrigated from the City's potable water system but not metered. Lot
13 shall have a 2" water meter installed on the existing service line or disconnected
from the potable water system and connected to the existing pressure irrigation
system.
c. Submit plans for review and approval for either installing a 2" water meter on the
existing water service or installing a connection to the existing pressure irrigation
system.
tem.
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
194�0t\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
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
/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
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LOT 13 RE -PLAT
A RE -PLAT OF LOT 13 BLOCK 1 OF THE
GROVE -DIVISION NO.1 INSTR. #20717713
LOCATED IN E %2 of NE %4 of SECTION 8,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN, IN THE COUNTY OF BANNOCK.
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Detail A
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SURVEY NARRATIVE 840j' Z 6 X 3
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1.) The purpose of this survey is to divide Lot 13 of The Grove -Division 1 Instr. #20717713 into 13 separate \ \ �� 84.13' z - •0 -I 50.00' F^
lots. The original subdivision dedicated this lot to the City of Chubbuck. The city sold this property to Grove Lot o
13 LLC per deed Instr. #22307128. This LLC is comprised of the owners of Lots 1-12 Block 1 of The Grove- 8386, z
Division 1. This plat is being completed to create new lots behind the original lots for the benefit of the
original lot owners. Detail A ��� 02
2.) The south line of the parcel is determined by the center of Redman Lateral Canal as per The Grove L11 \\\��� iCOS58,1)
Subdivision - Division 1. No monuments set on south line. Witness corners were set along the canal easement.
3.) The remainder of the boundary was determined by found monuments as per The Grove Subdivision - SW Cor. N.
Division 1. Missingboundary corners were re-established using best fit per record bearings and distances. Sawtooth
Y 9 P 9 Ridge Instr.
#22023921
4.) Found monuments along the re -plat boundary that were not originally set as 5/8" rebar, were replaced with
5/8" rebar and aluminum caps as per Idaho code.
5.) Lots 1-13, Block 1 are covered in their entirety with public utility, irrigation, and storm water drainage
easement. Said lots are non -buildable for primary structures.
5.) Fort Hall Irrigation Project has a 70' wide right of way, 35' each side of centerline of the Redman Lateral
Canal. No modifications or encroachment within the limits of the right-of-way will be allowed without prior
written approval by the Bureau of Indian Affairs. Said easement within all lots is for public use, which may
include a public trail as described in Instr. #22307128.
6.) All lots are subject to the effects and conditions of the easements granted to JR Simplot Company and
FMC Corporation described in Inst. #450887 and #452722 as stated on the original subdivision plat.
7.) All other restrictions referenced on The Grove Subdivision - Division 1 Instr. #20717713 are included with
this plat.
BASIS OF BEARING
Basis of Bearing per Idaho State Plane
Coordinate System - East Zone. GPS
observation combination factor: 1.0002579939.
All Distances in US Survey Feet
Origin: N 42°55'40.02279" W 112°27'56.13559"
Elevation: 4458.10'
0 60 120
LEGEND
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Adjoining Parcels
Aluminum Cap 8
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Instr. #20520366
Road Centerline
BASIS OF BEARING
Basis of Bearing per Idaho State Plane
Coordinate System - East Zone. GPS
observation combination factor: 1.0002579939.
All Distances in US Survey Feet
Origin: N 42°55'40.02279" W 112°27'56.13559"
Elevation: 4458.10'
0 60 120
LEGEND
- -
Parcel Boundary
Lot Lines
X
Fence Lines
Adjoining Parcels
---------
Existing Easements
- -
Road Centerline
-
Section Line
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Set 1/2" Rebar with Plastic
Cap marked PLS 15295
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Set 5/8" Rebar with
Aluminum Cap PLS 15295
Set 5/8" Rebar
Aluminum Cap Marked
W.C. PLS 15295
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Found 1/2" Rebar
Replaced w/ 5/8"
Aluminum Cap PLS 15295
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Found 1/2" Rebar
Plastic Cap PLS 2341
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Found 5/8" Rebar
Aluminum Cap PLS 2341
Found 5/8" Rebar
Aluminum Cap PLS 15295
(GO1
Record Bearing and Distance
per The Grove -Division 1
Instr. #20717713
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PS �T9rF OF
FART K • W
4880 Clover Dell Rd.
D 1 O P T R A Chubbuck, ID 83202
P237-7373
www. d i o pt ioptra rag eo m at i cs. co m
Lot 13 Re -plat
Drawn By: TJS Scale: 1 "=60'
Date: 8-25-23 Project: 23045
SUBDIVISION BOUNDARY DESCRIPTION OWNER'S CERTIFICATE COUNTY TREASURER'S CERTIFICATE
All of the lands of Lot 13 Block 1 of Grove Subdivision — Division 1 Instr. #20717713
being located in Section 8, Township 6 South, Range 34 East Boise Meridian, Bannock
County, Idaho, described as follows;
Commencing at the East Y4 corner of said Section 8, thence running N 00°39'36" W
944.51 feet along the east line of Section 8 to the southeast corner of Grove
Subdivision; Thence N 72°11'18" W 52.85 feet along the South line of said subdivision
to the True Point of Beginning;
Thence N 72°11'18" W 1091.24 feet along the south line of Lot 13 Block 1 of said
subdivision to the Southwest corner of the parcel;
Thence N 17°57'01" E 59.87 feet to an angle point on the west line of said Lot 13;
Thence N 00°03'19" W 107.36 along said west line to the south Right—of—Way of
Sawtooth Street;
Thence S 88°30'47" E 15 feet along said Right—of—Way to the northwest corner of Lot
12 Block 1 Grove Subdivision;
Thence S 00°00'07" W 106.91 feet along the west line of said Lot 12 to the southwest
corner of Lot 12;
Thence S 88°08'55" E 37.36 feet to an angle point on the south line of said Lot 12;
Thence S 72°15'13" E 252.64 feet to an angle point on the south line of Lot 9 Block
1 Grove Subdivision;
Thence S 86°02'45" E 202.36 feet to the southwest corner of Lot 6 Block 1 Grove
Subdivision;
Thence S 56°17'47" E 96.24 feet along the south line of said Lot 9;
Thence N 00°00'00" W 127.24 feet along the east line of said Lot 9 to the southerly
Right—of—Way of Sawtooth Street;
Thence S 53°42'16" E 24.81 feet along said Right—of—Way to the northeast corner of
Lot 5 Block 1 Grove Subdivision;
Thence S 00°00'00" E 125.72 feet along the west line of said lot 5;
Thence S 56°16'20" E 57.05 feet along the south line of Lot 5 to an angle point;
Thence S 72'10'21" E 215.31 feet to an angle point on the south line of Lot 2 Block
1 Grove Subdivision;
Thence N 80°30'15" E 149.69 feet to the southeast corner of Lot 1 Block 1 Grove
Subdivision;
Thence N 00°01'42" E 115.24 feet to the Southerly Right—of—Way of Sawtooth Street;
Thence S 53°42'16" E 28.20 feet along said Right—of—Way;
Thence S 00°39'36" E 257.52 feet to the Point of Beginning.
ACKNOWLEDGEMENT
STATE OF IDAHO )
COUNTY OF BANNOCK )SS
On this day of , 2023, before me, a Notary
Public, personally appeared, the person whose name is subscribed
to the foregoing Owner's Certificate, and acknowledged to me
that they were officers, as indicated, of the Corporation, which
owns the premises, described in the Boundary Description, that
the Corporation executed the foregoing Owner's Certificate, and
that they executed the some on behalf of the Corporation.
Notary Public My Commission Expires
CITY OF CHUBBUCK
The plat on which this certification appears is
hereby approved by the City of Chubbuck, Idaho
this day of , 2023.
ayor City Engineer
City Clerk
Know all men by these presents that I, the undersigned owner 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 a re—plat of Lot
13 Block 1 Grove Subdivision. It is my intention, the undersigned owner, to
include all the land described in the Boundary Description on this Plat. The
locations 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 owners successors 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 I, the owner, do here unto set my hand.
Grove Lot 13 LLC
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) and City of Chubbuck Code Section 16.12.230.
Property owners will be obligated for assessments through
the City of Chubbuck.
FORT HALL IRRIGATION PROJECT ACCEPTANCE
Fort Hall Irrigation Project has reviewed the plat and
accepted the canal rights—of—way as shown.
Irrigation Project Manager Date
CULINARY WATER
This subdivision is eligible to receive
water from the City of Chubbuck
municipal systems.
HEALTH DEPARTMENT CERTIFICATE
Sanitary restrictions as required by Idaho Code, Title 50, Chapter
13 are in force for Lots 1-13. 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.
Sanitary restrictions as required by Idaho Code, Title 50, Chapter
13 have been satisfied for Lots 1-13. Sanitary restrictions may
be re—imposed, in accordance with Section 50-1326, Idaho
Code, by the issuance of a certificate of disapproval.
Southeastern Idaho Public Health Date
Environmental Health Specialist
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
DEVELOPMENT AGREEMENT
The City of Chubbuck Development Agreement recorded as
Instr. # are hereby made a part of this plat.
RESTRICTIVE COVENANTS
The articles of protective covenants recorded
as Instr. are hereby made a
part of this plat.
COUNTY REVIEWING 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 this plat is an accurate representation of
this survey completed under my supervision.
\�NNL LANA S
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COUNTY RECORDERS CERTIFICATE