HomeMy WebLinkAboutCandee Subdivision Phase 2CHUBBUCK
I D A H O
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
PRELIMINARY PLAT FOR CANDEE SUBDIVISION PHASE 2, APPROXIMATELY 3.7
ACRES LOCATED ON THE EAST SIDE OF YELLOWSTONE AVE., NORTH OF WARD
DRIVE. GENERALLY LOCATED AT 5012 YELLOWSTONE AVE.
FACTS
REQUEST: The applicant proposes a 5 lot Preliminary Plat for 4 commercial building lots and 1 lot dedicated
as public right-of-way in the Candee Subdivision Phase 2. It includes completing the frontage
improvements along Yellowstone Ave. and Ward Dr. Water and sewer services will be provided for lots 1
and 4 while lots 2 and 3 will have no services and be used for personal storage.
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).
Decisions for preliminary plat shall be based on whether it meets the requirements of the City of
Chubbuck ordinance and State of Idaho statutes.
OWNER:
Brady Carter
230 E. Chubbuck Road
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra LLC
4880 Clover Dell Rd.
Chubbuck, ID 83202
LOCATION: SE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the east side
of Yellowstone Avenue, north of Ward Drive. Generally located at 5012 Yellowstone Ave.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Misc. Sales/Vacant
PROJECT SIZE: ±3.7 acres
VIEWS: Generally visible from the south and west
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; General Commercial (C-2) zone
EAST: Commercial; General Commercial (C-2) zone
SOUTH: Commercial; General Commercial (C-2) zone
WEST: Commercial; General Commercial (C-2) zone
RECENT TRAFFIC COUNTS:
2021: Yellowstone Ave at Chubbuck Rd, 25832/day
Pre -Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current access from Yellowstone Avenue and Ward Drive
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
PROCEDURES:
1. In accordance with City Code 17.12.030-050 and Resolution 2023-09, a complete petition and
fees for a preliminary plat were filed with the City and which contained the appropriate
documents and waiver requests pursuant to 17.12.040.
2. In accordance with City Code 17.12.100, the application was scheduled to be heard at a Regular
Meeting of the Land Use and Development Commission.
3. In accordance with City Code 17.12.080, notices were provided as follows:
a. Notices posted on the subject property.
b. Notices provided to City departments, other government agencies, and affected public
utility providers.
4. In accordance with City Code 17.12.100, the application was reviewed on August 13, 2024 by
the Land Use and Development Commission and a recommendation of approval was given.
5. In accordance with City Code 17.12.110, the City Council considered the record and
recommendation at a City Council meeting.
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
PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with
statutory requirements.
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.
A54 L
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Pre -Plat Approval Form- FFCL
FINDINGS
Having reviewed the record, including the application materials, staff report, testimony provided at the
hearing and meeting, and the criteria for approval as found in city code section 17.12.100, the City Council
finds the following:
1, Conditions of Approval necessary to approve the Preliminary Plat are (if any):
a. The final plat along with supporting documents be submitted in accordance with Title
17 of the Chubbuck Municipal Code.
b. The required improvements for Candee Subdivision (Phase 1) including, but not
limited to, Ward Drive frontage improvements, stormwater retention improvements,
paving, and other requirements from Design Review Committee and City Code be
completed with_Candee Subdivision Phase 2.
2. The subdivision proposal complies with applicable provisions of Title 17.
3. The subdivision proposal complies in principle with all applicable City design standards and
development regulations.
4. The subdivision proposal complies with all applicable zoning requirements of the underlying
zoning district, applicable overlays, and other applicable development standards.
5. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and
sanitation services can be provided to the newly created lots and accommodate future extension
to adjacent land. The use of a "control strip" intended to control or prevent the future extension
of public facilities or development of adjacent land is prohibited.
6. A traffic impact study was either not required or was required and the proposal will not have a
significant impact on street network or will provide appropriate mitigations for impacts.
7. The proposal provides for a continuation of a connected transportation system unless
topography or natural features prevents a connection to abutting streets or property.
8. The proposed subdivision provides for bicycle and pedestrian transportation routes and
amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle
and pedestrian plans.
9. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately
sized easements.
L
CHUBBUCKN a
I D
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Pre -Plat Approval Form- FFCL
ORDER: CONCLUSION AND DECISION: PERMIT TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Preliminary 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 is valid for a period of twelve (12) months. In phased developments, the preliminary plat
will remain valid as long as final plat submittal does not exceed twelve (12) months from previous
final plat approval. Approval of a preliminary plat does not assure final acceptance of any
dedications or continuation of any existing land use regulations or engineering standards
governing the subject land or other properties in the area.
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.
I
Sl
C �
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this ' day
i
20
Ke\\vin B. England, Mlaya�
ATTEST:
J ers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
CHUBBUCK www.CityofChubbuck.us
lac'_e\
E.HUBBUCK
1 0 A 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 CANDEE SUBDIVISION PHASE 2, APPROXIMATELY 3.7 ACRES
LOCATED ON THE EAST SIDE OF YELLOWSTONE AVE., NORTH OF WARD DRIVE.
GENERALLY LOCATED AT 5012 YELLOWSTONE AVE.
FACTS
REQUEST: The applicant proposes a 5 lot Preliminary Plat for 4 commercial building lots and 1 lot dedicated
as public right-of-way in the Candee Subdivision Phase 2. It includes completing the frontage
improvements along Yellowstone Ave. and Ward Dr. Water and sewer services will be provided for lots 1
and 4 while lots 2 and 3 will have no services and be used for personal storage.
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:
Brady Carter
230 E. Chubbuck Road
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra LLC
4880 Clover Dell Rd.
Chubbuck, ID 83202
LOCATION: SE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the east side
of Yellowstone Avenue, north of Ward Drive. Generally located at 5012 Yellowstone Ave.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Misc. Sales/Vacant
PROJECT SIZE: ±3.7 acres
VIEWS: Generally visible from the south and west
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; General Commercial (C-2) zone
EAST: Commercial; General Commercial (C-2) zone
SOUTH: Commercial; General Commercial (C-2) zone
WEST: Commercial; General Commercial (C -z) zone
RECENT TRAFFIC COUNTS:
2021: Yellowstone Ave at Chubbuck Rd, 25832/day
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current access from Yellowstone Avenue and Ward Drive
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
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 November 6, 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.
L
CHUBBUCK1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approvol Form- FFCL
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.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
'
of 00Ut--�i� , 20 �`T! .
L
CHUBBUCK
Kevin B. England, rvlay
ATTEST:
Joe rs, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us