HomeMy WebLinkAboutPhilbin Crossing Final PlatA 4 - 4 e� A
CHUBBUCK
1 o Il 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 PHILBIN CROSSING, APPROXIMATELY 8.9 ACRES LOCATED ON
THE NORTH SIDE OF W. CHUBBUCK RD. AND THE EAST SIDE OF PHILBIN RD.
GENERALLY LOCATED AT THE NE CORNER OF THE W. CHUBBUCK RD. / PHILBIN
RD. INTERSECTION
FACTS
REQUEST: The applicant proposes a 5 lot Final Plat for commercial lots in the Philbin Crossing subdivision. It
includes providing public streets, water, sewer, and irrigation systems including services.
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:
Wes Pahl
2066 South 2959 West
Aberdeen, ID 83210
PROFESSIONAL SERVICES:
Sunrise Engineering
600 E. Oak St.
Pocatello, ID 83201
LOCATION: SW 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, on the north
side of W. Chubbuck Road and the east side of Philbin Road. Generally located at the NE corner of
the W. Chubbuck Rd. / Philbin Rd. intersection.
SITE CHARACTERISTICS &ZONING:
CURRENT ZONING: Limited Commercial (C-1)
CURRENT LAND USE: Residential /Agriculture
PROJECT SIZE: ±8.9 acres
VIEWS: Generally visible from the south and west
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Existing residence
SURROUNDING LAND USES AND ZONING
NORTH: Residential; Limited Residential (R-2) zone
EAST: Residential; Limited Residential (R-2) zone
SOUTH: Vacant; Limited Commercial (C-1) zone
RECENT TRAFFIC COUNTS:
2022: W. Chubbuck Rd at Philbin Rd, 6665/day
2021: Philbin Rd at W. Chubbuck Rd, 6896/day
Final Plat Approval Form- FFCL
WEST: Residential; Single Family Residential (R-1) zone
SERVICES:
ACCESS STREET: Current access from West Chubbuck Rd. and Philbin 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 December 6, 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 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
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:
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.
110"I i• rCV
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:
CHUBBUCK
I a
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approvo! Form- FFCL
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. City staff has not approved the revised traffic impact analysis to date. Staff will work
with the developer to include mitigation measures resulting from the revised 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 areement staff will bring items of
disagreement before the City Council for a final decision.
b. A right -in / right -out intersection be created at the Senator Way and W. Chubbuck
Road intersection per recommendation from traffic impact analysis.
c. An irrigation booster pump fee of $3,421.00 per acre be collected with building
permits in this development.
d. Construction plans be aRRroved by Development Services Division.
e. A successful execution of the development agreement.
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.
rivate;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.
CHUBBUCK
1DRH0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approvol Form- FFCL
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.
-r
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of els,-Ik , 20'2v.
L
CHUBBUNKI BH a
evin B. England, 1VIa "or
ATTEST:
Jge o6ers, Clerk
290 E Linden Avenue, Chubbuck, IQ 83202
208.237.2430
www.Cityof Chu bbuck. us