HomeMy WebLinkAboutChubbuck Village Final Platr7$-0
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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 CHUBBUCK VILLAGE, APPROXIMATELY 5.22 ACRES LOCATED
BETWEEN EVANS LANE AND E. LINDEN AVENUE WEST OF BURLEY DRIVE.
GENERALLY LOCATED AT 152 EVANS LANE
PArTS
REQUEST: The applicant proposes a 7 lot Final Plat for 5 commercial building lots and 2 common area lots in
the Chubbuck Village subdivision. It includes a new street for access and parking water, sewer, and
pressure irrigation infrastructure with services to all lots.
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:
Cornerstone Realty & Development
722 Lucy
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Sunrise Engineering
600 E. Oak St.
Pocatello, ID 83201
LOCATION: NE 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, between
Evans Lane and E. Linden Avenue west of Burley Drive. Generally located at 152 Evans Lane.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Village (V)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±5.22 acres
VIEWS: Generally visible from the north and south
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: 1 Vacant Residence
RECENT TRAFFIC COUNTS:
2021: E Linden Ave at Yellowstone Ave, 1286/day
2021: Evans Ln at Yellowstone Ave, 6417/day
SURROUNDING LAND USES AND ZONING
NORTH: Residential; Village M zone
EAST: Residential/Commercial; Village M zone
SOUTH: Commercial; Village M & General Commercial (C--2) zones
WEST: Commercial; Village (V) zone
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current access from Evans Lane and E. Linden Avenue
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 17.12.130, a final plat application was filed in time to be reviewed
in accordance with a preliminary plat which was approved on January 3, 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 February 7, 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:
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:
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
CHUBBUCK www.QtyofChubbuck.us
1 0 B A 0
Final Plat Approval Form- FFCL
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. City staff has not had sufficient time to review and approve the traffic impact
analysis, stormwater re ort or construction plans to date. Staff will continue to
review and work with the developer to include mitigation measures resulting from
the traffic impact analysis in the construction plans through a development
agreement. If staff and developer are unable to reach a consensus of requirements for
mitigation of traffic impacts through the development agreement, staff will bring
items of disagreement before the City Council for a final decision.
b. Construction plans, stormwater report, and traffic impact analysis be approved b
Development Services Division.
c. CCR documents be revised specific to the project and meeting the requirements of
the Village M zone.
d. The final plat cannot be signed by the City until the property has been fully
transferred to the new owner.
e. A successful execu8tion of the development agreement.
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.
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CHUBBUCK
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290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approvol Form- FFCL
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
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 l day
of r�e Lk ,r , 20
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CHUBBUCKN a
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Kevin B. England, Mayl
ATTEST:
Joey ers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us