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Home My WebLink AboutFahey Acres Final Plat/a- �__OL CHUBBUCK 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 FAHEY ACRES, APPROXIMATELY 0.69 ACRES LOCATED ON THE EAST SIDE OF LUCKY AVENUE, GENERALLY LOCATED AT 5262 LUCKY AVE. FACTS REQUEST: The applicant proposes a 4 lot Preliminary Plat for 4 residential building lots in the Fahey Acres subdivision. It includes providing water and sewer services to each lot and a 20' wide shared access to Lucky Ave. 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: PERM Properties LLC P.O. Box 2198 Pocatello, ID 83206 PROFESSIONAL SERVICES: Dioptra LLC 4880 Clover Dell Rd. Chubbuck, ID 83202 LOCATION: NW 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Lucky Ave. Generally located at 5262 Lucky Ave. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential (R-2) CURRENT LAND USE: Single Family Residential PROJECT SIZE: ±0.69 acres VIEWS: Generally visible from the west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: 1 residence RECENT TRAFFIC COUNTS: NA SURROUNDING LAND USES AND ZONING NORTH: Residential; Limited Residential (R-2) zone EAST: Residential/Commercial; Dense Residential (R-4) and Planned Unit Development (PUD) zones SOUTH: Use; Limited Residential (R--2) zone WEST: Residential; Limited Residential (R-2) zone Final Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from Lucky Ave. 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: Fort Hall Irrigation Project PROCEDURES: 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. 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 December 18, 2024. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular Meeting of the City Council. 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. In accordance with City Code 17.12.230, the record was reviewed on May 21, 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: 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. Idli•1P-111reLl 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: zakL CHUBBUCKn H 0 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approvol Form-- FFCL 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. Construction plans be approved by Development Services Division. b. A successful execution of a develo mentagreement. 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 City Council for a final decision. 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. 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 la— L CHUBBUCKn H a 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 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. r '' i1 JI APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this J, c1 day of CHUBBUCK Kevin B. England, Ma ATTEST: Jo rs, Clerk 290 E Linden Avenue, Chu bbuck, ID 83202 208.237.2430 www.CityofChubbuck. us