HomeMy WebLinkAboutPhilbin Crossing Short PlatCHUBBUCK
IOAHa
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 AMENDED 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 Short Plat for commercial lots in the Amended 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 7/4 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 ZONI N& 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
WEST: Residential; Single Family Residential (R-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
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 17.12.210, 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 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
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:
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:
CHUBBUCK
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www. CityofChu bbuck. us
Final Plat Approval Form- FFCL
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. The existing development agreement shall be re-recorded as is with additional
owner's names and signatures, referencing Amended Philbin Crossing subdivision and
the instrument number be provided on the short plat prior to recording.
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.
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;
c. No substantial construction and dedication of public improvements are required;
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
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.
290 E Linden Avenue, Chubbuck, ID 83202
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CHUBBUCK www.CityofChubbuck.us
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Final Plat Approval Form- FFCL
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.
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APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of (A� ihs , 20 1,-�-� .
4�041\
CHUBBUCK
I a
Kevin B. England, Mayo
ATTEST:
J0 t�ers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www. CityofCh u b bu ck, us