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Home My WebLink AboutRowan EstatesL CHUBBUCK 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 ROWAN ESTATES SUBDIVISION, APPROXIMATELY 1.95 ACRES LOCATED ON THE EAST SIDE OF LARIAT LANE, GENERALLY LOCATED AT 401 LARIAT LANE FACTS REQUEST: The applicant proposes a 2 lot short plat for 2 residential building lots in the Rowan Estates Subdivision. It includes providing a new water and sewer service to Lot 2, Block 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: Candida & Sean Rowan 401 Lariat Lane Chubbuck, ID 83202 PROFESSIONAL SERVICES: Elevated Land Surveying 3534 Apolena Ave. Idaho Falls 1D 83401 LOCATION: SW 1/4 of Section 34, Township 5 South, Range 34 East, of the Boise Meridian, Idaho in Chubbuck, Idaho. Generally located on the east side of Lariat Lane at 401 Lariat Lane. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Single Family Residential (R-1) CURRENT LAND USE: Residential/Pasture PROJECT SIZE: ±1.95 acres VIEWS: Generally visible from the west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: yes SURROUNDING LAND USES AND ZONING NORTH: Residential; Single Family Residential (R-1) EAST: Residential; Single Family Residential (R-1) SOUTH: Residential; Single Family Residential (R-1) WEST: Residential; Single Family Residential (R-1) RECENT TRAFFIC COUNTS: 2021: Hawthorne Rd. at Lariat Lane, 11DO/day Final Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current Access from Lariat Lane 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 May 1, 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: 1. Conditions of Approval necessary to approve the Final Plat are (if any): 290 E Linden Avenue, Chubbuck, ID 83202 0� 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 0 H 0 Final Plat Approval Form- FFCL a. None. 2. The Short plat proposal 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; 1. On February 7, 2024, City Council waived the requirement for frontage improvements along the Lariat Lane frontage of the proposed Rowan Estates Subdivision. d. 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 Councif 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. CHUBBUCKH 0 290 E Linden Avenue, Chubbuck, ID 83242 208.237.2430 www.CityofChubbuck.us Final Plat Approvol Form- FFCL APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this I rr day of 06V2 20Z CHUBBUCK I D R F 0 Kevin B. England, May ATTEST: o rs, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us