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Home My WebLink AboutChubbuck Village Preliminary PlatCHUBBUCK 1 0 R H D CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A PRELIMINARY PLAT FOR CHUBBUCK VILLAGE, APPROXIMATELY 5.22 ACRES LOCATED BETWEEN EVANS LANE AND E. LINDEN AVENUE WEST OF BURLEY DRIVE. GENERALLY LOCATED AT 152 EVANS LANE FACTS REQUEST: The applicant proposes a 7 lot Preliminary Plat for 5 commercial building lots and 2 common area lots in the Chubbuck Village subdivision. It includes a new street for access and parking water, sewer, and pressure irrigation infrastructure with services to all lots. 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. OWNER: PROFESSIONAL SERVICES: Cornerstone Realty & Development Sunrise Engineering 722 Lucy 600 E. Oak St. Chubbuck, ID 83202 Pocatello, ID 83201 LOCATION: NE 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, between Evans Lane and E. Linden Avenue west of Burley Drive. Generally located at 152 Evans Lane. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Village M CURRENT LAND USE: Vacant PROJECT SIZE: -5.22 acres VIEWS: Generally visible from the north and south TOPOGRAPHY: Generally flat EXISTING STRUCTURES: 1 Vacant Residence RECENT TRAFFIC COUNTS: 2021: E Linden Ave at Yellowstone Ave, 1286/day 2021: Evans Ln at Yellowstone Ave, 6417/day Pre -Plat Approval Form- FFCL SURROUNDING LAND USES AND ZONING NORTH: Residential; Village (V) zone EAST: Residential/Commercial; Village (V) zone SOUTH: Commercial; Village (V) & General Commercial (C-2) zones WEST: Commercial; Village (V) zone SERVICES: ACCESS STREET: Current access from Evans Lane and E. Linden Avenue 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 17.12.030-050 and Resolution 2023-09, 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 December 13, 2023 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. n± 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 A H 0 Pre -Plat Approval Form- FFCL 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: 1. Conditions of Approval necessary to approve the Preliminary Plat are (if any): a. A traffic impact analysis meeting the requirements of the Bannock Transportation Planning Organization Traffic Impact Analysis Guidelines be submitted for review and approval prior to the final plat submittal. b. Any recommended improvements identified in the forthcoming traffic impact analysis may be required to be addressed in the construction plans. c. Confirmation by Chubbuck Development Authority of project support. 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. 5. 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. 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 CHUBBUCK www.CityofChubbuck.us IDAHO Pre -Plat Approval Form- FFCL 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. 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. r-1. APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day L CHUBBUCK J n 0 H 0 Kevin B. England, Mior ATTEST: J Owers, Clerk 290 E Linden Avenue, Chu bbuck, ID 83202 208.237.2430 www.CityofChubbuck.us