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Home My WebLink AboutItem #2 Fahey Acres/ao'�C\ CHUBBUCK 1 0 R H 0 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: April 30, 2025 Re: Final Plat for Fahey Acres Applicant: Professional Services: Perm Properties LLC P.O. Box 2198 Pocatello, ID 83206 Dioptra 4880 Clover Dell Road Chubbuck,ID 83202 Application: Fahey Acres, approximately 0.69 Acres with 4 residential building lots. Located in the NW'/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Lucky Avenue. Generally located at 5262 Lucky Ave. Existing Zoning: Limited Residential (R-2) Existing Land Use: Single Family Residential Staff Report: The final plat for Fahey Acres substantially conforms to the preliminary plat approved by the City Council on December 18, 2024. The final plat application has been reviewed by staff and meets 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 • 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) id approved: o Construction plans be approved by Development Services Division. o A successful execution of a development agreement. If staff and developer are unable to reach a consensus of the requirements for construction through the development agreement, staff will bring items of disagreement before City Council for a final decision. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Fahey Acres /944'C-\ CHUBBUCK I D A H D 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us /6470-t-\ CHUBBUCK 1 0 0 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 FAHEY ACRES, APPROXIMATELY 0.69 ACRES LOCATED ON THE EAST SIDE OF LUCKY AVENUE, GENERALLY LOCATED AT 5262 LUCKY AVE. FACTS REQUEST: The applicant proposes a 4 lot Preliminary Plat for 4 residential building lots in the Fahey Acres subdivision. It includes providing water and sewer services to each lot and a 20' wide shared access to Lucky Ave. 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: PERM Properties LLC P.O. Box 2198 Pocatello, ID 83206 PROFESSIONAL SERVICES: Dioptra LLC 4880 Clover Dell Rd. Chubbuck, ID 83202 LOCATION: NW 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Lucky Ave. Generally located at 5262 Lucky Ave. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential (R-2) CURRENT LAND USE: Single Family Residential PROJECT SIZE: ±0.69 acres VIEWS: Generally visible from the west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: 1 residence RECENT TRAFFIC COUNTS: NA SURROUNDING LAND USES AND ZONING NORTH: Residential; Limited Residential (R-2) zone EAST: Residential/Commercial; Dense Residential (R-4) and Planned Unit Development (PUD) zones SOUTH: Use; Limited Residential (R-2) zone WEST: Residential; Limited Residential (R-2) zone Final Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from Lucky Ave. 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: Fort Hall Irrigation Project PROCEDURES: In accordance with City Code 17.12.200 and Resolution 2024-04, 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 17.12.130, a final plat application was filed in time to be reviewed in accordance with a preliminary plat which was approved on December 18, 2024. 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 17.12.220, the Community Services Director found that the final plat application met substantial conformity with the approved preliminary plat. In accordance with City Code 17.12.230, the record was reviewed on May 21, 2025 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: /944'C-\ CHUBBUCK I D A H D 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 plans be approved by Development Services Division. b. A successful execution of a development agreement. If staff and developer are unable to reach a consensus of the requirements for construction through the development agreement, staff will bring items of disagreement before City Council for a final decision. 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 I D A H D 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. 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 /944'C-\ CHUBBUCK I D A H D Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Found 5/8" Rebar Adams Sl. with 2" Aluminum S Cap PLS 10900 \sir• J \S• I �F x19.69' S 89'33'00" E S 01'24'08" W �l 20.20' 2 I r N a 25' I In I N n 4 iss2.s ' West 1/4 Corner Section 3 Found PK Nail as per CP&F Instr. #22114871 zo OK u6 25.00' Lot 5 Block 2 Mingo Subdivision Instr #367829 S 89'16'47" E 151.96' 001 4 Johnston Properties LLC '01 Deed Instr. #21803291 m � no 7 N1 01 — — — — — — — — — — — — — Existing 15' Access Easement per Deed Instr. #21319642 Mingo Subdivison Block 2 Lot 9 Instr. #367829 N 14'06'41" 3.14' - Mingo Subdivison Block 2 Lot 5 \Instr. #367829 Johnson Instr. #2060031 2.37' Romriell Storage Lot 2 Block 2 Instr. # 21307042 .15'— Finol Plot For FAHEYACRES A DIVISION OF A PORTION OF LOT 4 BLOCK 2 OF MINGO SUBDIVISION INSTR. #367829 LOCATED IN NW 1/4 SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN, IN THE COUNTY OF BANNOCK. OQ �x S 89'16'47" E 151.96' p� —X— +1'1' — — X— �a N75'97-------Exis�Ditch75.99' ----------tni----- -----xoD�o 5Irrigation Easement 1 a m�9 Found 5/8 PLS 15295 Per Luck Lane Apartements PUD Instr. #21814115 N 89'1 Block 1 Lot 3 142.54 Sq. Feet ±0.22 Acres r — �I 5" W 307.36' v Lucky Lane Apartments PUD Instr. #21814115 I R=28.00' S 89°41'19" E 152.23' r8022' --�-- . — -- -- — X 72.00' 10' Utility Easement rn Cap PLS 15295 m LO IDo 3 I Lot 1 ±5294.38+0.12 �I 3I Lot 2 tD I 10' Irrigation Easement --__! I Acres _ ±5341.95 Sq. Feet 3 Found 5/8" Rebar I ±0.12 Acres ±0.12 0I O O I I o �� M ao o — — — — — — — — ZI------------- — — — — — — — — — — — o --- �20' Lot 4 I I Access & Utility Easement 00 I o Q • � � _ 79.74'x, '^ I R=28.00' � N W m � N 89'16'32" IN 305.06' I Lot 3 Block 2 Mingo Subdivision N s Instr. #367829 p(nn CQ Found 5/8 PLS 15295 Per Luck Lane Apartements PUD Instr. #21814115 N 89'1 Block 1 Lot 3 142.54 Sq. Feet ±0.22 Acres r — �I 5" W 307.36' v Lucky Lane Apartments PUD Instr. #21814115 I R=28.00' m � .M t2q (MS -304.01) 25.00' ^ 7 (LGA -308.52) (MS -25.00). 308 51' Found 5/8 AV . PLS 15295 S 89'15'27" E 1316.36' stLuck 119partements PUD Instr. #21841MONUMENTED BASIS OF BEARING James Ave. Found 5/8" Rebar with 2" Aluminum Cap per ROS Instr. #21812379 I mill o N,N IM wiy — Road Centerline — X Set 1/2" Rebar with Plastic Cap PLS 15295 m I I I ,111„ 11111 1111111 M 3 I 10' Irrigation Easement --__! I I __ r- -. N Found 5/8" Rebar � � g I I WW z Calculated Position (LLA-) o to r Lot 4 I Instr. #21814115 .01' — — +10017.67 Sq. Feet +0.23 Acres o I� I (S_) '^ I R=28.00' � N W m � I p(nn CQ Emergency Vehicle to I N Turn -Around Easement \ 75.99' JQ •N� g 1 m � .M t2q (MS -304.01) 25.00' ^ 7 (LGA -308.52) (MS -25.00). 308 51' Found 5/8 AV . PLS 15295 S 89'15'27" E 1316.36' stLuck 119partements PUD Instr. #21841MONUMENTED BASIS OF BEARING James Ave. Found 5/8" Rebar with 2" Aluminum Cap per ROS Instr. #21812379 VICINITY MAP Project Location �pL LANp P ,p OF \OP �qRT K. WP PLS 15295 1 Per Luck Lane Apartements PUD . Instr. #218141152 M M s � —..—.. ..—..� West 1/16th Corner Section 3 Found 5/8" Iron Rod Marked PLS 7314 per ROS Inst. #21812379 1_6�Ya1� 3�d:71►[r Basis of bearing per Idaho State Plane Coordinate System - East Zone. City of Chubbuck Coordinate System. GPS observation combination factor: 1.0002579939. Origin: Lot: N 42'55'40.0228" Long: W 112'27'59.1356" Height: 4458.10' All distances are US Survey Feet. 0 20 40 LEGEND X Existing Fence Lines milli mill III — Road Centerline — B Set 1/2" Rebar with Plastic Cap PLS 15295 OMNI Set 5/8" Rebar with 2" ,111„ 11111 1111111 O VICINITY MAP Project Location �pL LANp P ,p OF \OP �qRT K. WP PLS 15295 1 Per Luck Lane Apartements PUD . Instr. #218141152 M M s � —..—.. ..—..� West 1/16th Corner Section 3 Found 5/8" Iron Rod Marked PLS 7314 per ROS Inst. #21812379 1_6�Ya1� 3�d:71►[r Basis of bearing per Idaho State Plane Coordinate System - East Zone. City of Chubbuck Coordinate System. GPS observation combination factor: 1.0002579939. Origin: Lot: N 42'55'40.0228" Long: W 112'27'59.1356" Height: 4458.10' All distances are US Survey Feet. 0 20 40 LEGEND X Existing Fence Lines COUNTY RECORDERS CERTIFICATE Adjoining Parcels --------- Easements — Road Centerline — — Ties Set 1/2" Rebar with Plastic Cap PLS 15295 O Set 5/8" Rebar with 2" Aluminum Cap PLS 15295 O Found 1/2" Rebar as noted Found 5/8" Rebar as noted Q Found monument as noted X Calculated Position (LLA-) Record Bearing and Distance per Luck Lane Apartments PUD Instr. #21814115 (MS-) Record Bearing and Distance per Mingo Subdivision Plat Instr. #367829 (S_) Record Bearing and Distance per Stuart 3rd Addition Plat Instr. #502716 COUNTY RECORDERS CERTIFICATE SUBDIVISION BOUNDARY DESCRIPTION Part of the parcel of land described in Deed #22407783, also being a part of Lot 4, Block 2 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; Beginning at a point on the east right of way line of Lucky Avenue, also being the southwest corner of Lot 4, Block 2 of Mingo Subdivision, said point being the True Point of Beginning, Thence N 00'06'49" W 65.91 feet along said east right of way line, Thence S 89°41'19" E 152.23 feet along south line of a parcel per Deed Instr. #21803291 to the southeast corner of said parcel, Thence N 00'21'48" W 64.83 feet along to a point on the north line of said Lot 4 Block 2, Thence S 89'16'47" E 151.96 feet along the said north line to the northeast corner of said Lot 4 Block 2, Thence S 00°36'45" E 131.87 feet along the east line of said Lot 4 Block 2 to the southeast corner of said Lot 4 Block 2, Thence N 89'16'32" W 305.06 feet along south line of said Lot 4 Block 2 to a point of the east right of way line of Lucky Avenue, said point being the True Point of Beginning. Parcel contains ±0.69 Acres ±30197.03 Sq. Feet OWNER'S CERTIFICATE Know all men by these presents that we, PERM Properties LLC, 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 Fahey Acres. 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 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 we, the owners, do here unto set our hands. Marty C. Stark member Emily Povey member ACKNOWLEDGEMENT STATE OF IDAHO ) COUNTY OF BANNOCK ) SS On this day of , 2025, before me, a Notary Public in and for the State of Idaho, personally appeared, Martin C. Stark and Emily Povey, members of PERM Properties LLC, 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 Final Plat For FAHEYACRES A DIVISION OF A PORTION OF LOT 4 BLOCK 2 OF MINGO SUBDIVISION #367829 LOCATED IN NW 1/4 SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN, IN THE COUNTY OF BANNOCK. 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 , 2025. City Engineer City Clerk CULINARY WATER This subdivision is eligible to receive water from the City of Chubbuck municipal systems. 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. iV:uH_w•]01[ya:491alay-Al Il 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 through County Treasurer — Jennifer Clark INTERIOR MONUMENT COMPLETION CERTIFICATION Pursuant to the requirements of I.C. 50-1331 through 50-1333, I, Stewart K. Ward, the surveyor of record for this subdivision plat, hereby certify that the interior monuments as shown on this plat shall be set in accordance with the requirements of I.C. 50-1303 on or before the 30th day of June, 2025. Date COUNTY 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 2025. Mathew S. Baker PLS# 13023 SURVEYORS CERTIFICATE SNL LM/p I, Stewart K. Ward, a Licensed Professional Land Surveyor in SG4yG the State of Idaho do hereby certify that a survey was made 4 F under my direction of the premises described in the boundary description and shown on this plat upon which this P L certification appears. I further certify that this plat was prepared under my direction and that the monumentation `rl shown conforms with that set on the ground and that the sTq OF �aP�p pertinent statutes of the State of Idaho, together with all local T K. WP ordinances have been complied with. Lot 3 and Lot 4 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. SURVEY NARRATIVE 1.) The purpose of this survey is to subdivide the parcels described in Deed #22407783, (also being a portion of Lot 4, Block 2 of Mingo Subdivision per Instr. #367829) into Lots and Blocks as shown. 2.) The south subdivision boundary (Lot 4) was determined by proration of lots contained in Block 2 of Mingo Subdivsiion, based on found centerline monuments at the intersections of Lucky Avenue and Adams / James Streets as shown. This proration was confirmed by found monuments along Lucky Avenue per Lucky Lane Apartment PUD Subdivision #21814115 as shown. 3.) The west subdivision boundary (Lot 4) was determined by the east right of way line of Lucky Avenue using a 25' offset of found centerline moinuments at the intersections of Lucky Avenue and Adams / James Streets as shown. 4.) The north subdivision boundary (Lot 4 and Deed #21803291) was determined by proration of lots contained in Block 2 of Mingo Subdivsiion, based on found centerline monuments at the intersections of Lucky Avenue and Adams / James Streets as shown. This proration was confirmed by found monuments along Lucky Avenue per Lucky Lane Apartment PUD Subdivision #21814115 as shown. 5.) The east subdivision boundary (Lot 4) was determined from found monuments as shown on the west 1/16th line of Section 3 also being the west boundary of Avalon Park Subdivision #20427364 and Romriell Storage Subdivision #21307042. 6.) All Lots are located in Flood Zone 'X" per panel FIRM 16005CO237D. Stewart K. Ward PLS# 15295 Date COUNTY RECORDERS CERTIFICATE