HomeMy WebLinkAboutAmended Lebanon Acres Short PlatCHUBBUCK
1 0 9 H 0
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
(AMENDED) FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
SHORT PLAT FOR LEBANON ACRES, APPROXIMATELY 0.58 ACRES LOCATED AT
4985 BILYEU CIRCLE AND 5000 PIERCE AVENUE
FACTS
REQUEST: The applicant proposes a 1 lot short plat in the Lebanon Acres subdivision. It includes combining 2
single family residential lots into 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:
Trevin Reddish
4985 Bilyeu Circle
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
FA Engineering
427 Fredregill Road
Pocatello, ID 83204
LOCATION: SW 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located at 4985 Bilyeu Circle and 5000 Pierce Avenue.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Residential (R-2)
CURRENT LAND USE: Residential/Vacant
PROJECT SIZE: -0.58 acres
VIEWS: Generally visible from the west
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Single Family Residence
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:
2022: W. Chubbuck Rd at Philbin Rd, 6665/day
2021: Philbin Rd at W. Chubbuck Rd, 3445/day
SERVICES:
ACCESS STREET: Current Access from Bilyeu Circle and Pierce Avenue
Final Plat Approval Form- FFCL
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 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.
2. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular
Meeting of the City Council.
3. 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:
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:
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. The driveway approach from Pierce Avenue shall be a maximum of 30 feet wide for
the building, with an additional 15 foot wide driveway approach for RV parking,
L
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
b. A $750 irrigation booster pump fee shall be collected at the time of building permit.
c. All structures including fencing, shall meet the front setback from Pierce Avenue as
the frontage.
2. 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;
d. Requirements of the planning conference have been met.
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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.
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CHUBBUCK1 0H a
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.GtyofChubbuck.us
Final Plat Anprovol Form- FFCL
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this -] A day
of N6ue1-,4-C , 20
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CHUBBUCK
1 0
Kevin B. England, lkor
ATTEST:
Joe/ ers, Clerk
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290 E Linden Avenue, Chubbuck, ID 53202
208.237.2430
www.CityofChubbuck.us