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HomeMy WebLinkAboutCopperfield Landing Div. 7 Final PlatCHUBBUCK I n A H n 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 COPPERFIELD LANDING DIVISION 7, APPROXIMATELY 11.7 ACRES LOCATED ON THE SOUTH SIDE OF W. SIPHON RD., WEST OF TRUEMAN STREET. GENERALLY LOCATED AT THE 800 BLOCK OF W. SIPHON ROAD FACTS REQUEST: The applicant proposes a 78 lot Final Plat for 75 residential building lots, 1 club house lot, and 2 common area lots in the Copperfield Landing subdivision, Division 7. Lots 1-3 will be re --platted in the future to vertical condominium lots. It includes extending Cole Street for access, and extending water, sanitary sewer, and irrigation mainlines and services through 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: Concordia Development Group 901 Pier View Drive, Ste. 204 Idaho Falls, ID 83402 PROFESSIONAL SERVICES: Sunrise Engineering 600 E. Oak St. Pocatello, ID 83201 LOCATION: NWNE 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, on the south side of W. Siphon Rd., west of Trueman Street. Generally located at the 800 Block of W. Siphon Road. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Planned Unit Development (PUD) CURRENT LAND USE: Vacant PROJECT SIZE: ±11.7 acres VIEWS: Generally visible from the north and east TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2021: Siphon Rd at Hawthorne Rd, 1670/day 2021: Hawthorne Rd at Siphon Rd, 2727/day SURROUNDING LAND USES AND ZONING NORTH: Agriculture; Bannock County Agricultural (A) zone EAST: Multi Family residential; Planned Unit Development (PUD) zone Final Plat Approval Form- FFCL SOUTH: Single Family residential; Planned Unit Development (PUD) zone WEST: Agriculture; Bannock County Agricultural (A) zone SERVICES: ACCESS STREET: Current access from Trueman Street and Siphon 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: 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 17.12.130, a final plat application was filed in time to be reviewed in accordance with a preliminary plat which was approved on May 3, 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 January 3, 2024 by the City Council. APPLICABLE LAWS AND PLANS: 1. Idaho Code a. §50-13, Plats and Vacations b. §67-6513, Subdivision Ordinance 2. Chubbuck Comprehensive Plan (as amended) 3. 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 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 CHUBBUCK www.CityofChubbuck.us IDAHO Final PI atApprovol Form- FFCL 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. Construction plans including secondary pressurized irrigation pump station and park improvements on Lot 1, Block 1 of Copperfield Landing Division 6 and Lot 1, Block 3 of Copperfield Landing Division 3 be approved by the Development Services Division. 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 CHUBBUCKA H a 290 L 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 4 day of ` �e���vz, , 204 . CHUBBUCK 1 0 R N a Kevin B. England, M or ATTEST. J.y' ers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us