HomeMy WebLinkAboutBrookstone 12-14CITY 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
PRELIMINARY PLAT FOR BROOKSTONE ESTATES DIVISION 12-14,
APPROXIMATELY 12.16 ACRES LOCATED AT THE NORTH END OF LAMAR STREET
FACTS
REQUEST: The applicant proposes a 57 lot Preliminary Plat for 56 residential building lots and 1 park lot in the
Brookstone Estates Subdivision, Division 12-14. It includes extending and improving Lamar Street to the
north
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).
Decisions for preliminary plat shall be based on whether it meets the requirements of the City of
Chubbuck ordinance and State of Idaho statutes.
161TA Ll 14 til
Brookstone LLC
158 S. Main St.
Pocatello, ID 83204
PROFESSIONAL SERVICES:
RMES
600 E. Oak St.
Pocatello, ID 83201
LOCATION: SW 1/4 of Section 5, Township 6 South, Range 34 East, of the Boise Meridian, on the north
side of Lea Avenue west of Brookstone Estates Division 9. Generally located at the north end of
Lamar St.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Residential P (R-213)
CURRENT LAND USE: agriculture
PROJECT SIZE: ±12.16 acres
VIEWS: Generally visible from the south
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None
All III :L61r10111111 LN W5101111LUL1 *y_101I owe] 0111 ki[o
RECENT TRAFFIC COUNTS:
2015: Chubbuck Rd at Philbin Rd., 2644/day
2016: Chubbuck Rd at Philbin Rd., 2696/day
2018: Chubbuck Rd at Philbin Rd., 3076/day
NORTH: Agriculture; Bannock County Residential Suburban zone
EAST: Residential; Single Family Residential (R-1) zone
SOUTH: Residential; Bannock County Residential Suburban zone
WEST: Vacant; Bannock County Residential Suburban zone
Pre -Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current access from Lamar Street.
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 17.12.030-050 and Resolution 2020-03, a complete petition and
fees for a preliminary plat were filed with the City and which contained the appropriate
documents and waiver requests pursuant to 17.12.040.
2. In accordance with City Code 17.12.100, the application was scheduled to be heard at a Regular
Meeting of the Land Use and Development Commission.
3. In accordance with City Code 17.12.080, notices were provided as follows:
a. Notices posted on the subject property.
b. Notices provided to City departments, other government agencies, and affected public
utility providers.
4. In accordance with City Code 17.12.100, the application was reviewed on April 12, 2022 by the
Land Use and Development Commission and a recommendation of approval was given.
5. In accordance with City Code 17.12.110, the City Council considered the record and
recommendation at a City Council meeting.
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
PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with
statutory requirements.
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 as found in city code section 17.12.100, the City Council
finds the following:
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbucl<.us
Pre -Plat Approval Form- FFCL
1. Conditions of Approval necessary to approve the Preliminary Plat are (if any):
to
Q
C.
2. The subdivision proposal complies with applicable provisions of Title 17.
3. The subdivision proposal complies in principle with all applicable City design standards and
development regulations.
4. The subdivision proposal complies with all applicable zoning requirements of the underlying
zoning district, applicable overlays, and other applicable development standards.
5. All public facilities including streets, sidewalks, curbs, gutters, water, sewer, fire protection, and
sanitation services can be provided to the newly created lots and accommodate future extension
to adjacent land. The use of a "control strip" intended to control or prevent the future extension
of public facilities or development of adjacent land is prohibited.
6. A traffic impact study was either not required or was required and the proposal will not have a
significant impact on street network or will provide appropriate mitigations for impacts.
7. The proposal provides for a continuation of a connected transportation system unless
topography or natural features prevents a connection to abutting streets or property.
8. The proposed subdivision provides for bicycle and pedestrian transportation routes and
amenities in accordance with Bannock Transportation Planning Organization's adopted bicycle
and pedestrian plans.
9. Public utilities are provided to the newly created lots in public rights-of-way or in appropriately
sized easements.
ORDER: CONCLUSION AND DECISION; PERMIT TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Preliminary Plat as herein
described, shall be APPROVED.
A�40290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUHBUCK www.CityofChubbuck.us
100IIO
Pre -Plat Approval Form- FFCL
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 is valid for a period of twelve (12) months. In phased developments, the preliminary plat
will remain valid as long as final plat submittal does not exceed twelve (12) months from previous
final plat approval. Approval of a preliminary plat does not assure final acceptance of any
dedications or continuation of any existing land use regulations or engineering standards
governing the subject land or other properties in the area.
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 20 day
of , 20 a2 .
Kevin B. Englan , or
ATTEST:
ierk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
I o R H o