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Home My WebLink AboutItem #6 Lebanon Acres Short Platlao"�t\ CHUBBUCK 1 0 0 H 0 Public Works Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Memo To: City Council From: Sean Harris, Development Services Manager Date: October 31, 2025 Re: Request to Amend Condition 1a of the Findings of Fact and Conclusions of Law for Lebanon Acres Short Plat • The applicant for the Lebanon Acres short plat has requested an amendment to condition 1a of the approved Findings of Fact and Conclusions of Law. • The applicant has been working with staff to provide for the stormwater volume that will be lost with the additional 15 -foot driveway approach. • Staff recommends approval of the amended condition 1a as described in the (Amended) Findings of Fact and Conclusions of Law for Lebanon Acres short plat. Exhibits: 1. (Amended) Findings of Fact and Conclusions of Law. 2. Applicant's request to amend condition 1a. /6470-t-\ CHUBBUCK 1 0 0 H 0 CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us (AMENDED) FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A SHORT PLAT FOR LEBANON ACRES, APPROXIMATELY 0.58 ACRES LOCATED AT 4985 BILYEU CIRCLE AND 5000 PIERCE AVENUE FACTS REQUEST: The applicant proposes a 1 lot short plat in the Lebanon Acres subdivision. It includes combining 2 single family residential lots into 1. 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: Trevin Reddish 4985 Bilyeu Circle Chubbuck, ID 83202 PROFESSIONAL SERVICES: FA Engineering 427 Fredregill Road Pocatello, ID 83204 LOCATION: SW 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in Chubbuck, Idaho. Generally located at 4985 Bilyeu Circle and 5000 Pierce Avenue. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential (R-2) CURRENT LAND USE: Residential/Vacant PROJECT SIZE: ±0.58 acres VIEWS: Generally visible from the west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Single Family Residence SURROUNDING LAND USES AND ZONING NORTH: Residential; Limited Residential (R-2) EAST: Residential; Limited Residential (R-2) SOUTH: Residential; Limited Residential (R-2) WEST: Residential; Limited Residential (R-2) RECENT TRAFFIC COUNTS: 2022: W. Chubbuck Rd at Philbin Rd, 6665/day 2021: Philbin Rd at W. Chubbuck Rd, 3445/day SERVICES: ACCESS STREET: Current Access from Bilyeu Circle and Pierce Avenue Final Plat Approval Form- FFCL 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: 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. 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 17.12.230, the record was reviewed on November 1, 2023 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. 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: 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. The driveway approach from Pierce Avenue shall be a maximum of 30 feet wide for the building, with an additional 15 foot wide driveway approach for RV parking. /944'C-\ CHUBBUCK 1AAAA 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL b. A $750 irrigation booster pump fee shall be collected at the time of building permit. c. All structures including fencing, shall meet the front setback from Pierce Avenue as the frontage. 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. 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. 194�0t\ CHUBBUCK 1AAAA 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of 20 CHUBBUCK 1AAAA Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us To: Chubbuck City Council From: Trevon Reddish Date: 10/31/2025 Subject: Lebanon Acres Short Plat Amendment To whom this may concern, It is my goal to acquire an amendment to the conditions Findings of Fact and Conclusions of Law for Lebanon Acres subdivision. I am hoping to amend approval condition 1A to adjust the driveway approach from 30 feet wide. I would like to add a second approach separate from this, that is about 15' in width, for access to trailers and gates on that side of my property. I understand that this may raise concerns for drainage issues. I am more than happy to make the changes and remove the rock, dig the swale deeper (approx. 5' deep by calculation) to make up for the displacement this proposal causes. Please take this into consideration and provide an update at your earliest convenience. Thank you very much. Best Regards, Trevon Reddish 4985 Bilyeu Circle Chubbuck,ID 83202 (208)242-7994 Trevon@Qohdpocatello.com