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HomeMy WebLinkAboutCascade Falls/Harvest Springs Div. 1zig�� CHUBBUCK 1 0 A H 0 CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www. Ci tyofCh u b buck. us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A FINAL PLAT FOR CASCADE FALLS AT HARVEST SPRINGS DIVISION 1, APPROXIMATELY 15.43 ACRES LOCATED WEST OF INTERSTATE 15, NORTH OF NEW DAY PARKWAY, AND EAST OF HILINE ROAD FACTS REQUEST: The applicant proposes a 6 lot Final Plat for commercial building lots in the Cascade Falls At Harvest Springs subdivision, Division 1. It includes providing public streets, water, sewer, and irrigation system 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: Harvest Springs Joint Venture 3308 Autumn Rain Rd. Pocatello, ID 83201 PROFESSIONAL SERVICES: Sunrise Engineering 600 E. Oak St. Pocatello, ID 83201 LOCATION: S'/2 of Section 35, Township 5 South, Range 34 East and N 1/2 of Section 2, Township 6 South, Range 34 East, of the Boise Meridian, Idaho. Generally located west of Interstate 15, north of New Day Parkway, and east of Hiline Road. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Creative Community -Harvest Springs (CC -HS) and General Commercial (C-2) CURRENT LAND USE: Vacant/Agriculture PROJECT SIZE: ±15.43 acres VIEWS: Generally visible from the south and east TOPOGRAPHY: Hillside / Sloping EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2022: Hiline Rd at New Day Parkway, 4754/day NORTH: Farming; Creative Community -Harvest Springs (CC -HS) zone EAST: Farming; Creative Community -Harvest Springs (CC -HS) and General Commercial (C-2) zones SOUTH: Farming; General Commercial (C-2) zone WEST: Pasture; Agriculture (A) and General Commercial (C-2) zones Final Plat Approval Farm- FFCL SERVICES: ACCESS STREET: Current access from New Day Parkway. 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: None GROUND WATER RIGHTS FOR IRRIGATION: Owner/Developer 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 August 21, 2024. 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 August 21, 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 Title 17, Land Development 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 /94�0t\ CHU1 0BBUCKH a 290 E Linden Avenue, Chubbuck, ID 83202 205.237.2430 www.CityofChubbuck.us Final Plat Approval 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. The secondary pressurized irrigation pump station be deferred to a future division and $10,297.00 per acre irrigation pump station_ guarantee be collected with buildingpermit applications for each lot. b. The right-in/right-out access onto Harvest Springs Blvd. from Lot 1. Block 4 at the requested location be approved with a raised center island required to be constructed between Bluff Point Road and Cascade Falls Way which will remove alternative traffic movements. c. That each lot be required to submit a traffic impact analysis with each proposed development project, and all lots will be required to participate in any public improvements determined by such traffic impact analysis. 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. 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 CHUBBUCK www.CityofChubbuck.us I n R H 0 Final Plat Approval Form- FFCL 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. S j - APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this � day of 20 `1 CHUBBUCK IoAHa Kevin B. England, a- o' ATTEST: 0 w Clerk s, 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www. Cityof C h u b buck. us