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Home My WebLink AboutItem #2 Seven Flat Short 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: January 9, 2024 Re: Short Plat for Seven Flat Subdivision Applicant: Professional Services: Matt Shiozawa 3225 Sugar Leo Rd. St. George, UT 84790 Dioptra 4880 Clover Dell Rd. Chubbuck, ID 83202 Application: Seven Flat Subdivision, approximately 0.41 acres with 1 single family residential lot. Located in the NE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in Chubbuck, Idaho. Generally located on the west side of Whitaker Road adjacent west of 5351 Whitaker Road. Existing Zoning: Limited Residential (R-2) Existing Land Use: Vacant Staff Report: The final plat for Seven Flat 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: • 16.12.230: o Secondary pressurized irrigation system including pump station requirement o The applicant has requested to defer the construction of the irrigation system and pump station to a future Division. • 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 Construction drawings be approved by the Development Services Division prior to receiving a building permit. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Short Plat for Seven Flat Subdivision CHUBBUCK 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us laofk\ 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 SEVEN FLAT SUBDIVISION, APPROXIMATELY 0.41 ACRES LOCATED ON THE WEST SIDE OF WHITAKER RD., ADJACENT WEST OF 5351 WHITAKER RD. FACTS REQUEST: The applicant proposes a 1 lot short plat for 1 residential building lot in the Seven Flat Subdivision. It includes extending water and sewer services to the development. 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: Matt Shiozawa 3225 Sugar Leo Rd. St. George, UT 84790 PROFESSIONAL SERVICES: Dioptra LLC 4880 Clover Dell Road Chubbuck, ID 83202 LOCATION: NE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in Chubbuck, Idaho. Generally located on the west side of Whitaker Road, adjacent west of 5351 Whitaker Rd. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential (R-2) CURRENT LAND USE: Vacant PROJECT SIZE: ±0.41 acres VIEWS: Generally visible from the east TOPOGRAPHY: Generally flat EXISTING STRUCTURES: none SURROUNDING LAND USES AND ZONING NORTH: Residential; Limited Residential (R-2) EAST: Residential; Limited Residential (R-2) SOUTH: Residential; Limited Residential (R-2) WEST: Residential; Limited Residential (R-2) RECENT TRAFFIC COUNTS: 2021: Whitaker Rd at E. Chubbuck Rd, 1711/day Final Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current Access from Whitaker Rd. 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 January 17, 2024 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: 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. Construction drawings be approved by the Development Services Division prior to receiving a building permit. 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 co O ca U tB 0- C: O 50' o � o � M M Whitaker Place Subdivision Instr. #90003842 Block 1 Lot 6 (RI -N 88'52'04" E 745.41 N 88'52'06" E 745.42' N 8652'06" E 612.42' s-88752'06" W 133.00' I I 50' Wide Utility and Access OI Easement per Whitaker Place I p o 0 Subdivision Instr. #90003842 " M 50' - I �2 Block 1 I Lot 1 3 3I I Matthew Shiozawa ±0.41 ACRES -w I Deed Instr. #22020842 Lot 5 LO o 1 o r Io �I Existing Z Building POB 1 5.79' N 88.52'06" E 133.00' N 88'52'06" E 612.23' — — — — VICINITY MAP Project Location Northeast Corner Section 3 34 35 Found 5/8" Rebar with 2" Aluminum Cap PLS 19405 per CP&F Instr. #22300404 .j 2 Darrel & Dixie Ashton Deed Instr. #22122747 (R f -S 88.52'04" W 209.75) S 88'52'06" W 209.75' \ N1 John Charles Perkins o Deed Instr. #22108020 Found 1/2" Rebar with Plastic Cap 0 1 ■/�■■■�ELLISELEMENTARY D w •upj � a 15Wide Easement Reservation O !n for Installation and Maintenance vi y of Irrigation Lines and Facilities y i o SCHOOL �,t N George Kent Shiozawa per ROS Instr. #22024297 (IMPS–) '■■■■■■■■� I a r" Deed Instr. #21713699 Plat Instr. #90003842 m I I ■■■ �I I� V) S88'52'04"W m I 70.50' J 1' L------ ■■■■■■■� 232.25' ------------- ■ IN MEMO C> ONE rri S88'52'04W 111.75' 20' S88'S2'04"W 206.00' Project Location Northeast Corner Section 3 34 35 Found 5/8" Rebar with 2" Aluminum Cap PLS 19405 per CP&F Instr. #22300404 .j 2 Darrel & Dixie Ashton Deed Instr. #22122747 (R f -S 88.52'04" W 209.75) S 88'52'06" W 209.75' N 88'52'06" E 745.23' (RI -N 88'52'04" E 745.22)350.00' — — — — — — — — — — L ----- — R--�-- SS �S \ \tip\ S 209.75' W 209.75) — — — — — ------------- 20' -------20' 20' Wide Easement for Access RF \ \5%y Lot 4 (Ingress & Egress) and for Public S \ \ v Utilities per Deed Instr. #22217783 \ N1 John Charles Perkins o Deed Instr. #22108020 Found 1/2" Rebar with Plastic Cap 0 1 W W ` D w •upj � a 15Wide Easement Reservation O !n for Installation and Maintenance vi y of Irrigation Lines and Facilities y i o per ROS Instr. #22024297 �,t N George Kent Shiozawa per ROS Instr. #22024297 N 88'52'06" E 745.23' (RI -N 88'52'04" E 745.22)350.00' — — — — — — — — — — L ----- — R--�-- SS �S \ \tip\ S 209.75' W 209.75) — — — — — ------------- 20' -------20' 20' Wide Easement for Access RF \ \5%y Lot 4 (Ingress & Egress) and for Public S \ \ v Utilities per Deed Instr. #22217783 SURVEY NARRATIVE 1. The purpose of this survey is to subdivide the parcel described in Deed Instr. #22020842, said parcel also being a portion of Lot 5, Block 1 of Whitaker Place Subdivision Plat Instr. #90003842. 2. The South subdivision boundary line was determined by found monuments as shown per ROS Instr. #22024297, said line also being the North line of parcel described in Deed Instr. #21713699. 3. The West line was determined by the client 4. The North subdivision boundary line was determined by found monuments as shown per ROS Instr. #22024297, said line also being the South line of parcel described in Deed Instr. #22122747. 5. The East subdivision boundary was determined from found monuments as shown per ROS Instr. #22024297, said line also being the West line of parcel described in Deed Instr. #22108020. Jared Turner Deed Instr. #21817256 N 25 —{ 2 I -4 W W ' w nn •_ o !n 0 00 y g N^N O 1 OI O M_ 33;0 MLA • o� IN � Io t 25' J 1 East 1/4 Corner Section 3 Found 5/8" Rebar with 2" 3 2 Aluminum Cap PLS 15295 per CP&F Instr. #21612719 Basis of Bearing per Idaho State Plane Coordinate System — East Zone. GPS observation combination factor: 1.0002579939 Origin:Lat: N 42'55'40.02279" Long: W 112'27'59.13559" Height: 4458.102' All distances are US Survey Feet. SEVEN FLA T SUBDIVISION A RE—PLAT OF A PORTION OF LOT 5 BLOCK 1 OF WHITAKER PLACE SUBDIVISION LOCATED IN NE 1/4 SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN, IN THE COUNTY OF BANNOCK. 0 40 80 LEGEND Parcel Boundary Ties Adjoining Parcels --------- Easements Section Line Railroad Tracks QQ \ N1 2• I p Cap PLS 15295 Proposed 20' Utility Found 1/2" Rebar with Plastic Cap 0 1 1 o D Easement for Sewer o 6 Found 1/2" Rebar No Cap Mainline Extension Calculated Position (RI–) Record Bearing and Distance George Kent Shiozawa per ROS Instr. #22024297 (IMPS–) A I I a r" Deed Instr. #21713699 Plat Instr. #90003842 m I I �I I� V) S88'52'04"W m I 70.50' J 1' L------ 588'52'04"W 232.25' ------------- C> rri S88'52'04W 111.75' 20' S88'S2'04"W 206.00' SURVEY NARRATIVE 1. The purpose of this survey is to subdivide the parcel described in Deed Instr. #22020842, said parcel also being a portion of Lot 5, Block 1 of Whitaker Place Subdivision Plat Instr. #90003842. 2. The South subdivision boundary line was determined by found monuments as shown per ROS Instr. #22024297, said line also being the North line of parcel described in Deed Instr. #21713699. 3. The West line was determined by the client 4. The North subdivision boundary line was determined by found monuments as shown per ROS Instr. #22024297, said line also being the South line of parcel described in Deed Instr. #22122747. 5. The East subdivision boundary was determined from found monuments as shown per ROS Instr. #22024297, said line also being the West line of parcel described in Deed Instr. #22108020. Jared Turner Deed Instr. #21817256 N 25 —{ 2 I -4 W W ' w nn •_ o !n 0 00 y g N^N O 1 OI O M_ 33;0 MLA • o� IN � Io t 25' J 1 East 1/4 Corner Section 3 Found 5/8" Rebar with 2" 3 2 Aluminum Cap PLS 15295 per CP&F Instr. #21612719 Basis of Bearing per Idaho State Plane Coordinate System — East Zone. GPS observation combination factor: 1.0002579939 Origin:Lat: N 42'55'40.02279" Long: W 112'27'59.13559" Height: 4458.102' All distances are US Survey Feet. SEVEN FLA T SUBDIVISION A RE—PLAT OF A PORTION OF LOT 5 BLOCK 1 OF WHITAKER PLACE SUBDIVISION LOCATED IN NE 1/4 SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN, IN THE COUNTY OF BANNOCK. 0 40 80 LEGEND Parcel Boundary Ties Adjoining Parcels --------- Easements Section Line Railroad Tracks QQ Set 5/8" Rebar with Plastic Cap PLS 15295 Q Found 1/2" Rebar with Plastic Cap PLS 18971 per ROS Instr. #22024297 D Found 1/2" Rebar with Plastic cap Illegible ❑ Found 1/2" Rebar No Cap X Calculated Position (RI–) Record Bearing and Distance per ROS Instr. #22024297 (IMPS–) Record Bearing and Distance per Whitaker Place Subdivision Plat Instr. #90003842 " a Ll M" `Y P s OF\wo ART K . COUNTY RECORDERS CERTIFICATE SUBDIVISION BOUNDARY DESCRIPTION A portion of the parcel of land described in Deed Instr. #22020842, also being a part of Lot 5, Block 1 of Whitaker Place Subdivision Plat Instr. #90003842, located in the NE 1/4 of Section 3, Township 6 South, Range 34 East Boise Meridian, Bannock County, Idaho, described as follows; Commencing at the East 1/4 Corner of said Section 3, Township 6 South, Range 34 East and running thence N 01°07'54" W 813.02 feet along the East line of said Section 3, thence S 88'52'06" W 25.00 feet to the Southeast corner of the parcel described in Deed Instr. #22108020, thence continuing S 88'52'06" W 209.75 feet to the Southwest corner of said parcel, said point being the True Point of Beginning, Thence N 01°07'54" W 133.00 feet along the West line of said parcel to the Northwest corner of said parcel, Thence S 88°52'06" W 133.00 feet along the North line of the parcel described in Deed Instr. #22020842 also being the South line of Lot 6, Block 1 of Whitaker Place Subdivision Plat Instr. #90003842, Thence S 01'07'54" E 133.00 feet to a point on the South line of the parcel described in Deed Instr. #22020842 also being the North line of Lot 4, Block 1 of Whitaker Place Subdivision Plat Instr. #90003842, Thence N 88°52'06" E 133.00 feet along the South line of said parcel to the Point of Beginning. Parcel contains ±0.41 acres OWNER'S CERTIFICATE Know all men by these presents that I, Matthew Shiozawa, the undersigned owner of the tract of land described in the Boundary Description, have caused the same to be subdivided into a Block and a Lot to hereafter be known as Seven Flat Subdivision it is my 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 I, the owner, do here unto set my hand. Matthew Shiozawa ACKNOWLEDGEMENT STATE OF IDAHO ) COUNTY OF BANNOCK ) SS On this day of , 2024, before me, a Notary Public in and for the State of Idaho, personally appeared, Matthew Shiozawa, known or identified to me, to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same. 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 CITY OF CHUBBUCK The plat on which this certification appears is hereby approved by the City of Chubbuck, Idaho this day of , 2024. 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. The irrigation water rights remain with the land and shall be maintained by the property owners. Per Idaho Code section 31-3805, it is undetermined how the delivery of irrigation water from the Project to the lot will occur. 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. SEVEN FLA T SUBDIVISION A RE—PLAT OF A PORTION OF LOT 5 BLOCK 1 OF WHITAKER PLACE SUBDIVISION LOCATED IN NE 9/4 SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN, IN THE COUNTY OF BANNOCK. COUNTY 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 through County Treasurer — Jennifer Clark Date COUNTY REVIEWING SURVEYOR'S CERTIFICATE I, Matthew S. Baker, 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 2024. Matthew S. Baker PLS# 13023 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 V ., COUNTY RECORDERS CERTIFICATE