HomeMy WebLinkAboutPatriot SquareCHUBBUCK
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IDAHO
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
SHORT PLAT FOR PATRIOT SQUARE COMMERCIAL- EAST, APPROXIMATELY
1.00 ACRE LOCATED ON THE WEST SIDE OF BRANSON DR., ADJACENT SOUTH
OF AMERITITLE
PACTS
REQUEST: The applicant proposes a 2 lot short plat for 2 commercial building lots in the Patriot Square
Commercial — East subdivision. It includes extending water and sewer 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:
Patriot Commercial Properties LLC
146 E. Chubbuck Road
Chubbuck, ID 83202
PROFESSIONAL SERVICES:
Dioptra LLC
4880 Clover Dell Road
Chubbuck, ID 83202
LOCATION: NE 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, Idaho in
Chubbuck, Idaho. Generally located on the west side of Branson drive, adjacent south of AmeriTitle.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: General Commercial (C-2)
CURRENT LAND USE: Vacant
PROJECT SIZE: ±1.00 acre
VIEWS: Generally visible from the east
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: none
SURROUNDING LAND USES AND ZONING
NORTH: Commercial; General Commercial (C-2)
EAST: Residential; Limited Residential (R-2)
SOUTH: Commercial; General Commercial (C-2)
WEST: Commercial; General Commercial (C-2)
RECENT TRAFFIC COUNTS:
2021: E. Chubbuck Rd. @ Branson Dr., 14,520/day
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current Access from Branson Dr.
FIRE/EMS PROTECTION: City of Chubbuck Fire Department
SANITARY SEWER: City of Chubbuck Sewer Utility Department
CULINARY WATER: City of Chubbuck Water Utility Department
PROCEDURES:
1. In accordance with City Code 17.12.200 and Resolution 2022-07, 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 17.12200.
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 January 4, 2023 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.
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. Construction drawings be approved by the Development Services Division.
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290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www. C ityofCh u bb u ck. us
Final Plat Approvo! Form- FFCL
2. 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.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of , 20
A=te O 290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
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Final Plat Approval Form- FFCL
J
Kevin B. England, or
ATTEST:
Jq wers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us