HomeMy WebLinkAboutPremier View Short PlatCHUBBUCK
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
SHORT PLAT FOR PREMIER VIEW SUBDIVISION, APPROXIMATELY 3.22 ACRES
LOCATED ON THE EAST SIDE OF HARVEST SPRINGS BLVD., NORTH OF NEW DAY
PARKWAY
FACTS
REQUEST: The applicant proposes a 2 lot short plat for 2 commercial building lots in the Premier View
Subdivision. It includes extending water, sewer, and irrigation services to the development.
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: PROFESSIONAL SERVICES:
Steve Heath/Mountain West Engineering Sunrise Engineering
P.O. Box 244 600 E. Oak St.
Rigby, ID 83442 Pocatello, ID 83201
LOCATION: SE 1/4 of Section 35, Township 5 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the east side of Harvest Springs Blvd. north of New Day
Parkway.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Creative Community -Harvest Springs (CC -HS)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±3.22 acres
VIEWS: Generally visible from the west
TOPOGRAPHY: Sloping north
EXISTING STRUCTURES: none
RECENT TRAFFIC COUNTS:
2022: Hiline Rd. at New Day Prkwy., 4754/day
Final Plat Approvol Form- FFCL
SURROUNDING LAND USES AND ZONING
NORTH: Vacant; Creative Community -Harvest Springs (CC -HS) zone
EAST: Vacant; Creative Community -Harvest Springs (CC -HS) zone
SOUTH: Vacant; General Commercial (C-2)
WEST: Vacant; Creative Community -Harvest Springs (CC -HS) zone
SERVICES:
ACCESS STREET: Current Access from Harvest Springs Blvd.
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 2024-04, 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 February 19, 2025 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.
lao�t_\
CHUBBUCKH a
I a
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approvol Form- FFCL
1110 loll 0 W
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. A successful execution of a development agreement. If staff and developer are unable
to reach a consensus of the requirements for construction through the development
agreement, staff will bring items of disagreement before the City Council for a final
decision.
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 [and 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.
/92�6y,L
CHUBBUCK
i0fiflo
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
5. Whether approved, approved with conditions, or denied, any parry 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 c�` 0 day
of Ud r , 20 `2,7.
lao�h?\
CHUBBUCK
IDAHO
Kevin B. England, Ma
ATTEST;
ey wers, Clerk
290 F Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us