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HomeMy WebLinkAboutItem #3 Philbin Crossing Final Plat/a 0�t\ CHUBBUCK I D A H O Memo Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us To: Honorable Mayor and City Council From: Development Services Staff Date: January 18, 2024 Re: Final Plat for Philbin Crossing Applicant: Professional Services Wes Pahl 2066 South 2959 West Aberdeen, ID 83210 Sunrise Engineering 600 E. Oak St. Pocatello, ID 83201 Application: Philbin Crossing, approximately 8.9 acres with 5 commercial lots. Located in the SW'/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of W. Chubbuck Road and the east side of Philbin Road. Generally located at the NE corner of the W. Chubbuck Rd. / Philbin Rd. intersection. Existing Zoning: Limited Commercial (C-1) Existing Land Use: Residential / Agriculture Staff Report: The final plat for Philbin Crossing substantially conforms to the preliminary plat approved by the City Council on December 6, 2023. The final plat application has been reviewed by staff and meets the standards of Titles 16, 17, and 18 of City Code. Specifically: • 17.12.130: The final plat application was submitted within the twelve months validity period • 17.12.220: The Community Services Director has reviewed the final plat and finds that is substantially conforms to the approved preliminary plat; o There is no increase in the number of lots nor any additional streets o This is no significant change in the configuration of lots or street alignment o There is no significant change in the size or location of open space o No other changes have occurred which have affected the reviewed preliminary plat • 18.08.042: o Lots meet minimum lot standards in the Limited Commercial (C-1) zone • Staff Recommendation: o Recommend Approval. o If approved, recommend approval of Findings of Fact and Conclusions of Law. • Recommended Condition(s) if approved: o A right -in / right -out intersection be created at the Senator Way and W. Chubbuck Road intersection per recommendation from traffic impact analysis. o An irrigation booster pump fee of $3,421.00 per acre be collected with building permits in this development. o Construction plans be approved by Development Services Division. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Philbin Crossing 1940�t_\ CHUBBUCK 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us laofk\ CHUBBUCK 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 FINAL PLAT FOR PHILBIN CROSSING, APPROXIMATELY 8.9 ACRES LOCATED ON THE NORTH SIDE OF W. CHUBBUCK RD. AND THE EAST SIDE OF PHILBIN RD. GENERALLY LOCATED AT THE NE CORNER OF THE W. CHUBBUCK RD. / PHILBIN RD. INTERSECTION FnrTc REQUEST: The applicant proposes a 5 lot Final Plat for commercial lots in the Philbin Crossing subdivision. It includes providing public streets, water, sewer, and irrigation systems including services. 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: Wes Pahl 2066 South 2959 West Aberdeen, ID 83210 PROFESSIONAL SERVICES: Sunrise Engineering 600 E. Oak St. Pocatello, ID 83201 LOCATION: SW 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of W. Chubbuck Road and the east side of Philbin Road. Generally located at the NE corner of the W. Chubbuck Rd. / Philbin Rd. intersection. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Commercial (C-1) CURRENT LAND USE: Residential /Agriculture PROJECT SIZE: ±8.9 acres VIEWS: Generally visible from the south and west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Existing residence SURROUNDING LAND USES AND ZONING NORTH: Residential; Limited Residential (R-2) zone EAST: Residential; Limited Residential (R-2) zone SOUTH: Vacant; Limited Commercial (C-1) zone RECENT TRAFFIC COUNTS: 2022: W. Chubbuck Rd at Philbin Rd, 6665/day 2021: Philbin Rd at W. Chubbuck Rd, 6896/day Final Plat Approval Form- FFCL WEST: Residential; Single Family Residential (R-1) zone SERVICES: ACCESS STREET: Current access from West Chubbuck Rd. and Philbin Rd. 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: 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 December 6, 2023. 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 February 7, 2024 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. 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: CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. A right -in / right -out intersection be created at the Senator Way and W. Chubbuck Road intersection per recommendation from traffic impact analysis. b. An irrigation booster pump fee of $3,421.00 per acre be collected with building permits in this development. c. Construction plans be approved by Development Services Division. 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 194�0t\ CHUBBUCK 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. S. 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 /9470't-\ CHUBBUCK 1 0 20 Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us 5 WEST 1/4 CORNER OF SECTION 4. FOUND 2" 4 ALUMINUM CAP. SEE CP&F INST. NO. 22126715 PHILBIN CROSSING LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO BILYEU ESTATES - DIVISION 8 BILYEU ESTATES - DIVISION 6 INSTRUMENT NO. 22218873 L0712 INSTRUMENT NO. 22014896 Co N rn °j LOT 15 LOT14 (P1-80.01) LOT 10 rn LOT13 LOTH LOT9 BLOCK 1 80.01' BLOCK 1 (P1- 60.009 (P1- 152.499 (P1- 80.00) (P1- 80.00) (P1- 80.009 (P1- 80.01) 60.00' 1_ 152.49' _ 80. S 89050'06" E 582.01' 80.00' 80.00' 80.00' 43.00'17.00' 197.00' V8. 2 (S2 - 368.02) POINT OF I BEGINNING I CD I I I �I �I I� I N I I I 'dMIp v M �o v N Ni 1 38.60' 1 1,08 ACRES 15.00' WIDE PUBLIC UTILITY EASEMENT 176.99' 15.00' WIDE I� PUBLIC UTILITY EASEMENT ir) I OR ___ SENA TOR WAY_ N 89°44'03" E 271.41 SOUTHWEST CORNER SECTION 4. FOUND 2" ALUMINUM CAP IN VAULT PER CP&F INST. NO. 22213751 234.42' 15.00' WIDE PUBLIC UTILITY EASEMENT 2 1.33 ACRES N 89°50'41" E 351.38' I 1.64 ACRES BLOCK 1 2 2.73 ACRES BLOCK 2 57.42' 6) 15.00' WIDE \ C'", \ PUBLIC UTILITY EASEMENT � 1 18.08' I I 15.00' WIDE PUBLIC UTILITY ------- EASEMENT 278.44' _ _ 89°50'41' W 513.61 (S1- S 89 50'41"E 513.629 I - I on I N 89°50'41" E 158.22' M I� I I� I 27.50'127.50' 6 00 I Lo Lo N Io N to 0 0 Co 60 v ,It N 3 a97ACRES I 55.00' I 15.00' WIDE PUBLIC UTILITY I L - - EASEMENT -I - - G� O> 47.50' 47.50' 140.17' (s1 625,029CHLIBELICK ROAD -' 625.02'_ _ S 89°50'41" E 1322.99' (P1-S1-S2-S89°5041"E 1322.99) BASIS OF BEARINGS SORYEYOR'S NARRA)r1/E 1. THE PURPOSE OF THIS SURVEY IS TO ESTABLISH THE BOUNDARY OF THE PARCEL OF LAND DESCRIBED AND CREATE LOTS, BLOCKS AND A STREET FOR FUTURE DEVELOPMENT. 2. THE BOUNDARY WAS SOLVED BY FINDING EXISTING MONUMENTS PER THE SURROUNDING RECORD OF SURVEYS AND SUBDIVISION PLATS IN THE AREA. BILYEU ESTATES - DIVISION 5 INSTRUMENT NO. 21917770 LOTS (P1- 1251) O -12.51' BLOCK ,14 to LOT5 N 1 Q BL OC/f 1 CURVE TABLE # RADIUS A ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE Z m o In 21.07' 10.93' N 39°23'34" W Eo ? rl--- t-- C Z (32.00) o OI (21.07) 4 O (20.69) C2 Z Ni 1 38.60' 1 1,08 ACRES 15.00' WIDE PUBLIC UTILITY EASEMENT 176.99' 15.00' WIDE I� PUBLIC UTILITY EASEMENT ir) I OR ___ SENA TOR WAY_ N 89°44'03" E 271.41 SOUTHWEST CORNER SECTION 4. FOUND 2" ALUMINUM CAP IN VAULT PER CP&F INST. NO. 22213751 234.42' 15.00' WIDE PUBLIC UTILITY EASEMENT 2 1.33 ACRES N 89°50'41" E 351.38' I 1.64 ACRES BLOCK 1 2 2.73 ACRES BLOCK 2 57.42' 6) 15.00' WIDE \ C'", \ PUBLIC UTILITY EASEMENT � 1 18.08' I I 15.00' WIDE PUBLIC UTILITY ------- EASEMENT 278.44' _ _ 89°50'41' W 513.61 (S1- S 89 50'41"E 513.629 I - I on I N 89°50'41" E 158.22' M I� I I� I 27.50'127.50' 6 00 I Lo Lo N Io N to 0 0 Co 60 v ,It N 3 a97ACRES I 55.00' I 15.00' WIDE PUBLIC UTILITY I L - - EASEMENT -I - - G� O> 47.50' 47.50' 140.17' (s1 625,029CHLIBELICK ROAD -' 625.02'_ _ S 89°50'41" E 1322.99' (P1-S1-S2-S89°5041"E 1322.99) BASIS OF BEARINGS SORYEYOR'S NARRA)r1/E 1. THE PURPOSE OF THIS SURVEY IS TO ESTABLISH THE BOUNDARY OF THE PARCEL OF LAND DESCRIBED AND CREATE LOTS, BLOCKS AND A STREET FOR FUTURE DEVELOPMENT. 2. THE BOUNDARY WAS SOLVED BY FINDING EXISTING MONUMENTS PER THE SURROUNDING RECORD OF SURVEYS AND SUBDIVISION PLATS IN THE AREA. BILYEU ESTATES - DIVISION 5 INSTRUMENT NO. 21917770 LOTS (P1- 1251) O -12.51' BLOCK ,14 to LOT5 N 1 Q BL OC/f 1 CURVE TABLE # RADIUS A ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE Cl 32.00' 37°43'39" 21.07' 10.93' N 39°23'34" W 20.69' (S1) (32.00) (37-4339) (21.07) (----) (S 39°2334"E) (20.69) C2 482.00' 12°02'45" 101.34' 50.86' N 14°30'21" W 101.15' (S1) (482.00) (120245') (101.34) (----) (S 14°3022"E) (101.15) C3 125.00' 90'25'16" 197.27' 125.92' N 45°03'19" W 177.43' C4 20.00' 90°00'00" 31.42' 20.00' S 45'15'57" E 28.28' C5 20.00' 90°00'00" 31.42' 20.00' S 44°44'03" W 28.28' C6 20.00' 90000'00" 31.42' 20.00' N 45009'19" E 28.28' C7 20.00' 90000'00" 31.42' 20.00' S 44°50'41" E 28.28' LINE TABLE # BEARING DISTANCE (REFERENCES) L1 N 58015'23" W 24.18' (Sl -S58°1523"E 24.18) L2 N 08°28'59" W 69.61' (S1- S 08 28'59"E 69.61) o o LOT4 Lo I o � N �a N o W ^ BILYEU ESTATES - DIVISION 4 Lu INSTRUMENT NO. 21816325 Lo EDZ 0 O 0 00 U o LOTS 00 C� I I coh � -101-2L6 o tD M .� NIC BILYEU ESTATES - DIVISION 1 INSTRUMENT NO. 21712050 I I n LOT1 L Co BLOCK 1 �Q (P1 -S1-590) 5.90' (P1 -S1-46.76) 46.76' (SI -69797) _ 697.97' PL LAry\ \O �G�S T ERF , .v STgTEOFVOPpl \yEW S. 0� BASIS OFMAR/NG THE SOUTH LINE OF SECTION 4 WAS ASSUMED TO BE S 89°50'41" E BETWEEN THE SOUTHWEST CORNER AND THE WEST 1/16 CORNER PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. GRAPHIC SCALE 60 0 30 60 ( IN FEET) 1 inch = 60' WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 4. FOUND 5/8 REBAR WITH NO CAP. SEE CP&F INST. NO. 99014595 COMYRECORBER'S CERTIFICATE LEGEND 5 4 8 9 FOUND SECTION CORNER AS NOTED 5 FOUND 1/4 CORNER AS NOTED 4 FOUND 1/16 CORNER AS NOTED FOUND 5/8 INCH REBAR WITH PLASTIC CAP STAMPED "PLS 19405" OR AS NOTED ® FOUND 1 INCH COPPER CAP IN CONCRETE "PLS STAMPED 19045" FOUND 5/8 INCH REBAR WITH 2 INCH ALUMINUM ® CAP STAMPED "RMES PELS 2341" B FOUND 1/2 INCH REBAR WITH PLASTIC CAP STAMPED "RMES PELS 2341" FOUND 5/8 INCH REBAR WITH 2 INCH ALUMINUM O CAP STAMPED "RMES PLS 18971" ❑ FOUND 1/2 INCH REBAR WITH PLASTIC CAP STAMPED "RMES PLS 18971" SET 5/8 BY 24 INCH REBAR WITH ALUMINUM CAP STAMPED "LS 13023" SET 1/2 BY 24 INCH REBAR WITH PLASTIC CAP STAMPED "LS 13023" 5 / BLOCK 1 SUBDIVISION LOT/BLOCK NUMBER LOT 1/BLOCKS EXISTING SUBDIVISION LOT/BLOCK NUMBER SUBDIVISION BOUNDARY LINE SUBDIVISION LOT LINES - SECTION LINES ADJACENT PROPERTY LINES - - - - - - - - - NEW EASEMENT SIDELINE - - EXISTING EASEMENT SIDELINE (S1-) BEARING AND DISTANCE PER RECORD OF SURVEY FOR CITY OF CHUBBUCK (INST. NO. 22214025) (S2-) BEARING AND DISTANCE PER RECORD OF SURVEY FOR WES PAHL (INST. NO. 22011576) (P1) BEARING AND DISTANCE PER BILYEU ESTATES DIVISIONS 1,4,5,6 AND 8 (INST. NOS. 21712050, 21816325, 21917770, 22014896 AND 22218873) BOYMARYBESCR/PT/ON A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 4, POINT BEING MONUMENTED BY A 2 INCH ALUMINUM CAP AS DESCRIBED IN CORNER PERPETUATION AND FILING INST. NO. 22126715; THENCE SOUTH 00°15'57" EAST, FOLLOWING ALONG THE WEST LINE OF SECTION 4, A DISTANCE OF 1921.31 FEET TO A POINT BEING MONUMENTED BY A 2 INCH ALUMINUM CAP STAMPED "RMES PLS 18971"; THENCE SOUTH 89°50'06" EAST, LEAVING THE WEST LINE OF SECTION 4, A DISTANCE OF 43.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°50'06" EAST, FOLLOWING ALONG THE SOUTH BOUNDARY LINES OF BILYEU ESTATES - DIVISION 8, 6, AND 5 (RECORD INST. NOS. 22218873, 22014896, AND 21917770), A DISTANCE OF 582.01 FEET TO A POINT BEING MONUMENTED BY A 2 INCH ALUMINUM CAP STAMPED "RMES PELS 2341"; THENCE SOUTH 00°15'57" EAST, LEAVING SAID SOUTH BOUNDARY LINES OF BILYEU ESTATES - DIVISION 8, 6, AND 5, AND FOLLOWING ALONG THE WEST BOUNDARY LINES OF BILYEU ESTATES - DIVISION 4 AND 1 (RECORD INST. NOS. 21816325 AND 21712050), A DISTANCE OF 672.26 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF CHUBBUCK ROAD, BEING MONUMENTED BY A 5/8 INCH REBAR WITH A PLASTIC CAP STAMPED "PLS 19405"; THENCE LEAVING SAID WEST BOUNDARY LINES OF BILYEU ESTATES - DIVISION 4 AND 1 AND FOLLOWING ALONG SAID NORTH RIGHT-OF-WAY LINE OF CHUBBUCK ROAD AND THE EAST RIGHT-OF-WAY LINE OF PHILBIN ROAD FOR THE FOLLOWING SIX (6) COURSES: NORTH 89°50'41" WEST, A DISTANCE OF 513.61 FEET TO A POINT BEING MONUMENTED BY A 5/8 INCH REBAR WITH A PLASTIC CAP STAMPED "PLS 19405"; 2. NORTH 58°15'23" WEST, A DISTANCE OF 24.18 FEET TO A POINT BEING MONUMENTED BY A 1 INCH COPPER CAP IN CONCRETE STAMPED "PLS 19045", ALSO BEING A POINT OF TANGENCY WITH A 32.00 -FOOT -RADIUS CURVE WHOSE CENTER BEARS NORTH 31°44'37" EAST; 3. THENCE FOLLOWING SAID CURVE IN A NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 37°43'39" FOR AN ARC LENGTH OF 21.07 FEET (THE CHORD OF SAID CURVE BEARS NORTH 39°23'34" WEST A DISTANCE OF 20.69 FEET) TO A POINT BEING MONUMENTED BY A 1 INCH COPPER CAP IN CONCRETE STAMPED "PLS 19045", ALSO BEING A POINT OF TANGENCY WITH A 482.00 -FOOT -RADIUS CURVE WHOSE CENTER BEARS NORTH 69°28'16" EAST; 4. THENCE FOLLOWING SAID CURVE IN A NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 12°02'45" FOR AN ARC LENGTH OF 101.34 FEET (THE CHORD OF SAID CURVE BEARS NORTH 14°30'21" WEST A DISTANCE OF 101.15 FEET) TO A POINT OF TANGENCY BEING MONUMENTED BY A 5/8 INCH REBAR WITH A PLASTIC CAP STAMPED "PLS 19405"; 5. THENCE NORTH 08°28'59" WEST, A DISTANCE OF 69.61 FEET TO A POINT BEING MONUMENTED BY A 5/8 INCH REBAR WITH A PLASTIC CAP STAMPED "PLS 19405"; 6. THENCE NORTH 00°15'57" WEST, A DISTANCE OF 477.06 FEET TO THE POINT OF BEGINNING. CONTAINING 8.90 ACRES, MORE OR LESS. DECLARATION OF C01/ENANTS, COMMONSAW RESTRICTIONS ARE RECORDED AS INSTRUMENT NUMBER HEREBY MADE A PART OF THE PLAT SYR I/EYOR'S CER) /F/CATE AND ARE I, MATTHEW S. BAKER, A DULY LICENSED LAND SURVEYOR IN THE STATE OF IDAHO, DO HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY DIRECTION OF THE PREMISES DESCRIBED IN THE BOUNDARY DESCRIPTION AND SHOWN ON THIS PLAT UPON WHICH THIS CERTIFICATION APPEARS. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND THAT THE MONUMENTATION SHOWN CONFORMS WITH THAT SET ON THE GROUND AND THAT THE PERTINENT STATUTES OF THE STATE OF IDAHO, TOGETHER WITH ALL LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. SPL LANA .�v��\O �O�STERF SG�G MATTHEW S. BAKER ��9�.STgTEOF 10P���v� \h'EW S. �' DATE PHILBIN CROSSING LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO OWNER'S CER T/F/CALE KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO BLOCKS, LOTS AND A STREET TO BE HEREAFTER KNOWN AS PHILBIN CROSSING. WE, THE OWNERS, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT. THE LOCATION AND DIMENSIONS OF THE BLOCKS, LOTS AND STREET ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREETS, AND ALL WATER, SEWER AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET RIGHT-OF-WAY ARE DEDICATED TO THE PUBLIC FOR PUBLIC USE, UNLESS OTHERWISE INDICATED, AND THE EASEMENT FOR PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, INCLUDING, BUT NOT LIMITED TO, POSTAL DELIVERY BOXES. NO STRUCTURES, OTHER THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITY PURPOSES, ARE TO BE ERECTED OR PLACED WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HEREBY CONVEYED OR RESERVED TO THE PUBLIC IN PERPETUITY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS, SUBJECT TO MUNICIPAL REGULATION. THE RESPONSIBILITY TO MAINTAIN THE PROPERTY DEDICATED, EXCEPT AS NOTED, SHALL PASS TO THE PUBLIC BODY HAVING JURISDICTION WHEN SUCH DEDICATION HAS BEEN ACCEPTED. THE RESPONSIBILITY TO MAINTAIN THE SURFACE AREA OF PROPERTY OVER WHICH AN EASEMENT LIES SHALL REMAIN WITH THE OWNER AND OWNER'S SUCCESSOR IN INTEREST. THE RESPONSIBILITY TO MAINTAIN STORM WATER DETENTION FACILITIES, WHETHER LYING IN AN EASEMENT OR LYING WITHIN A DEDICATED RIGHT-OF-WAY, SHALL BELONG TO THE OWNER OF THE PROPERTY BENEFITED BY THE DETENTION OF STORM WATER FLOWING FROM THAT PROPERTY WHICH SHALL BE THE PROPERTY ADJACENT TO THE STORM WATER DETENTION FACILITY UNLESS SUCH FACILITY SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT. THIS PLAT IS GOVERNED BY THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK, WHICH PROVIDES THAT A FINAL PLAT SHALL CONSTITUTE A DEDICATION; HOWEVER, APPROVAL OF THE FINAL PLAT SHALL NOT CONSTITUTE THE CITY'S ACCEPTANCE OF THE DEDICATION. SUCH ACCEPTANCE SHALL BECOME EFFECTIVE ONLY UPON THE EXECUTION BY THE MAYOR OF A SEPARATE INSTRUMENT FOR THAT PURPOSE AFTER THE CITY COUNCIL HAS FOUND THAT ALL STRUCTURES AND IMPROVEMENTS RELATING TO THE DEDICATED PROPERTY HAVE BEEN COMPLETED AND HAVE BEEN APPROVED UPON INSPECTION BY THE CITY. DEDICATION IS NOT BINDING UPON THE CITY UNTIL ACCEPTED. WESLEY PAHL (OWNER) ACKNOWLEOGMENT STATE OF IDAHO, COUNTY OF BANNOCK ON THIS DAY OF , IN THE YEAR 20_, BEFORE ME A NOTARY PUBLIC, PERSONALLY APPEARED WESLEY PAHL, KNOWN OR IDENTIFIED TO ME, TO BE THE MANAGER AND MEMBER OF THE LIMITED LIABILITY COMPANY THAT EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY SEAL THIS DAY AND THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC RESIDING IN COUNTY, STATE OF IDAHO. IRRIGATION WATER RIGHTS STATEMENT LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT HALL IRRIGATION PROJECT. DELIVERY OF IRRIGATION WATER FROM THE PROJECT TO INDIVIDUAL LOTS HAS BEEN DONE IN COMPLIANCE WITH IDAHO CODE SECTION 31-3805(b) AND CITY OF CHUBBUCK CODE SECTION 16.12.230. PROPERTY OWNERS WILL BE OBLIGATED FOR ASSESSMENTS THROUGH THE CITY OF CHUBBUCK. SANMARYRESTR/CT/ONS SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND APPROVAL FOR THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF SANITARY RESTRICTIONS. WATER AND SEWER LINES HAVE BEEN COMPLETED AND SERVICES CERTIFIED AS AVAILABLE. SANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326, IDAHO CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. DATE: HEALTH DISTRICT SIGNATURE: DEI/ELOPMENT AGREEMENT THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INST. NO. ARE HEREBY MADE A PART OF THIS PLAT. CUL/NARY WATER THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM. C/Tr OF CHUBBUCK THE PLAT ON WHICH THIS CERTIFICATION APPEARS IS HEREBY APPROVED BY THE CITY OF CHUBBUCK, IDAHO, THIS DAY OF KEVIN ENGLAND, MAYOR BRIDGER MORRISON, P.E., CITY ENGINEER 20 JOEY BOWERS, CITY CLERK REI//EW/NG SURI/ErOR'S CERT/F/CATE I, , A LICENSED LAND SURVEYOR IN AND FOR BANNOCK COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND COMPUTATIONS SHOWN HEREON, AND HAVE DETERMINED THAT THE REQUIREMENTS OF IDAHO CODE 50-1305 HAVE BEEN MET, AND I APPROVE THE SAME FOR FILING THIS DAY OF 20 BANNOCK COUNTY REVIEWING SURVEYOR PLS NO. COUNTY TREASURER'S CERTIFICATE PURSUANT TO 50-1308, IDAHO CODE. I, JENNIFER CLARK, DO HEREBY CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH DELINQUENT AND CURRENT, HAVE BEEN PAID IN FULL. THROUGH JENNIFER CLARK, COUNTY TREASURER DATE COW)FRECORDER'S CERTIFICATE /a 0�t\ CHUBBUCK I D A H O Memo Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us To: Honorable Mayor and City Council From: Development Services Staff Date: February 6, 2024 Re: Final Plat for Philbin Crossing Applicant: Professional Services Wes Pahl 2066 South 2959 West Aberdeen, ID 83210 Sunrise Engineering 600 E. Oak St. Pocatello, ID 83201 Application: Philbin Crossing, approximately 8.9 acres with 5 commercial lots. Located in the SW'/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of W. Chubbuck Road and the east side of Philbin Road. Generally located at the NE corner of the W. Chubbuck Rd. / Philbin Rd. intersection. Existing Zoning: Limited Commercial (C-1) Existing Land Use: Residential / Agriculture Staff Report: The final plat for Philbin Crossing substantially conforms to the preliminary plat approved by the City Council on December 6, 2023. The final plat application has been reviewed by staff and meets the standards of Titles 16, 17, and 18 of City Code. Specifically: • 17.12.130: The final plat application was submitted within the twelve months validity period • 17.12.220: The Community Services Director has reviewed the final plat and finds that is substantially conforms to the approved preliminary plat; o There is no increase in the number of lots nor any additional streets o This is no significant change in the configuration of lots or street alignment o There is no significant change in the size or location of open space o No other changes have occurred which have affected the reviewed preliminary plat • 18.08.042: o Lots meet minimum lot standards in the Limited Commercial (C-1) zone • Staff Recommendation: o Recommend Approval. o If approved, recommend approval of Findings of Fact and Conclusions of Law. • Recommended Condition(s) if approved: o City staff has not approved the revised traffic impact analysis to date. Staff will work with the developer to include mitigation measures resulting from the revised traffic impact analysis in the construction plans through a development agreement. If staff and developer are unable to reach a consensus of requirements for mitigation of traffic impacts through the development agreement, staff will bring items of disagreement before the City Council for a final decision. o A right -in / right -out intersection be created at the Senator Way and W. Chubbuck Road intersection per recommendation from the traffic impact analysis. o An irrigation booster pump fee of $3,421.00 per acre be collected with building permits in this development. o Construction plans be approved by Development Services Division. o A successful execution of the development agreement. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Philbin Crossing CHUBBUCKH 0 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us