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HomeMy WebLinkAboutLegacy Park Div. 2 Final PlatCHUBBUCK 1 0 0 11 0 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 LEGACY PARK DIVISION 2, APPROXIMATELY 20.4 ACRES LOCATED EAST OF LEGACY PARK DIVISION 1, GENERALLY LOCATED AT THE NORTH END OF PARK LAWN DRIVE FACTS REQUEST: The applicant proposes a 27 lot Final Plat for 24 multi -family residential building lots, 1 commercial building lot, and 2 open space/stormwater lots in the Legacy Park subdivision, Division 2. It includes extending Park Lawn Drive to the north for access and extending potable water, sanitary sewer, and pressurized irrigation mains with services through 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: G. Brandon Ratliff 4902 Burley Dr. Suite 9 Chubbuck, ID 83202 PROFESSIONAL SERVICES: Knudsen Engineering 609 W. Maple St. Pocatello, ID 83201 LOCATION: NE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the south side of New Day Parkway, east of Legacy Park Division 1. Generally located at the north end of Park Lawn Drive. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2), Dense Residential (R-4) CURRENT LAND USE: agriculture PROJECT SIZE: ±20.4 acres VIEWS: Generally visible from the north and west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2019: Yellowstone Ave. at Parklawn Ave, 11,953/day 2021: Yellowstone Ave. at New Day Prkwy, 10,492/d ay Final Plat Approval Form- FFCL SURROUNDING LAND USES AND ZONING NORTH: Vacant; General Commercial (C-2) zone EAST: Residential/Vacant; Single Family Residential (R-1) zone, Limited Residential (R-2) zone, Limited Commercial (C-1) zone SOUTH: Multi -Family Residential / Public Park; Dense Residential (R-4) zone WEST: Residential; General Commercial (C-2) zone SERVICES: ACCESS STREET: Current access from Park Lawn Drive 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 September 21, 2022. 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 January 3, 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. L CHUBBUCKN 0 I n 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final 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 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. None. 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. ignificantly;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 L 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 V\LU "'- , 20 r i` . Kevin B. England, Ma r CHUBOUCK I a ATTEST: Jo B rs, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.0tyofChubbuck.us /ac"�C\ CHUBBUCK 1 0 A H 0 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 LEGACY PARK DIVISION 2, APPROXIMATELY 20.4 ACRES LOCATED EAST OF LEGACY PARK DIVISION 1, GENERALLY LOCATED AT THE NORTH END OF PARK LAWN DRIVE FACTS REQUEST: The applicant proposes a 27 lot Final Plat for 23 multi -family residential building lots, 1 commercial building lot, and 2 open space/stormwater lots, and 1 lot being dedicated to the City in exchange for property elsewhere, provided the City Council authorizes the exchange following the public hearing, in the Legacy Park subdivision, Division 2. It includes extending Park Lawn Drive to the north for access and extending potable water, sanitary sewer, and pressurized irrigation mains with services through 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: G. Brandon Ratliff 4902 Burley Dr. Suite 9 Chubbuck, ID 83202 PROFESSIONAL SERVICES: Knudsen Engineering 609 W. Maple St. Pocatello, ID 83201 LOCATION: NE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the south side of New Day Parkway, east of Legacy Park Division 1. Generally located at the north end of Park Lawn Drive. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C--2), Dense Residential (R-4) CURRENT LAND USE: agriculture PROJECT SIZE: ±20.4 acres VIEWS: Generally visible from the north and west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None RECENT TRAFFIC COUNTS: 2019: Yellowstone Ave. at Parklawn Ave, 11,953/day 2021: Yellowstone Ave. at New Day Prkwy, 10,492/day Final Plat Approval Form- FFCL SURROUNDING LAND USES AND ZONING NORTH: Vacant; General Commercial (C-2) zone EAST: Residential/Vacant, Single Family Residential (R-1) zone, Limited Residential (R-2) zone, Limited Commercial (C-1) zone SOUTH: Multi -Family Residential / Public Park; Dense Residential (R-4) zone WEST: Residential; General Commercial (C-2) zone SERVICES: ACCESS STREET: Current access from Park Lawn Drive 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 September 21, 2022. 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 January 3, 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. 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 R H 0 Final 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 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. A successful execution of a_development agreement. If staff and developer are unable to reach a consensus of requirements for construction through the development agreement, staff will bring items of disagreement before the City Council for a final decision. b. A zoning application be submitted and approved that will fix the dual zone of General Commercial (C-2) and Dense Residential (11-4) that is created on lot 15, block 2. by the lot line adjustments of this plat, prior to recording of this plat, or lot IS, block 2 be restricted as non -buildable until such zone change has occurred. 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. CHUBBUCKH a 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approvol Form- FFCL 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 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. 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 7— day of NC�'�"`�5 C r , 207. Kevin B. England, Mayor CHUBBUCK I a ATTEST: J Owers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www. CityofCh u b buck. us