HomeMy WebLinkAboutReplat of Lot 2, Bloack 5 Northside Crossing Div. 4CHUBBUCK
I ➢ 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
SHORT PLAT FOR RE -PLAT OF LOT 2, BLOCK 5 NORTHSIDE CROSSING DIVISION
4, APPROXIMATELY 0.30 ACRES LOCATED AT 560 AURORA BLVD.
FACTS
REQUEST: The applicant proposes a 1 lot short plat for 1 residential building lot in the Re -Plat of Lot 2, Block
5 Northside Crossing Division 4. It includes extending the alley west along the boundary of the
subdivision.. Frontage improvements along the future Aurora Blvd. will be completed by the developer
when the future extension of Aurora Blvd. is dedicated as public right-of-way in a future division.
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:
DKL, LLC
5730 Northside Crossing
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Sunrise Engineering
600 E. Oak St.
Pocatello, ID 83201
LOCATION: SW 1/4 of Section 35, Township 5 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located at 560 Aurora Blvd.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Creative Community— Northside
Crossing (CC -NC)
CURRENT LAND USE: Residential/Vacant
PROJECT SIZE: ±0.30 acres
VIEWS: Generally visible from the south
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: Single Family Residence
SURROUNDING LAND USES AND ZONING
RECENT TRAFFIC COUNTS:
2021: Hiline Rd. at New Day Pkwy., 4186/day
NORTH: Agriculture; Creative Community— Northside Crossing (CC -NC)
EAST: Residential; Creative Community — Northside Crossing (CC -NC)
SOUTH: Residential; Creative Community— Northside Crossing (CC -NC)
WEST: Agriculture; Creative Community — Northside Crossing (CC -NC)
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current Access Spring Meadows Road Alley
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 March 6, 2024 by the City
Council.
4. Notice was posted on the property in question on February 21, 2024 at 4pm.
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):
/a4�C_N
CHUBBUCKH a
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
a. Construction plans be approved by Development Services Division and any
requirements incorporated into a development agreement. If staff and developer are
unable to reach a consensus of requirements for the development through the
development agreement, staff will bring items of disagreement before the City
Council for a final decision.
b. A successful execution of the development areement.
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;
No substantial construction and dedication of public improvements are required;
Requirements of the planning conference have been met.
ORDER: CONCLUSION AND DECISION; PERMIT TERMS
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.
lao'i-ON
CHUBBUCK0 a
I a
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www. C ityofCh u bbuck. us
Final PlatAppravol Form- FFCL
+-k
APPROVE BY THE MAYOR OF THE CITY OP CHUBBUCK, IDAHO, this �7 day
of l r -! C�• 20
CHUBBUCK0 H 0
1 0
-�G- '-'6. �f'j'j
Kevin B. England, Maya
ATTEST:
J vers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us