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Home My WebLink AboutBrookstone Estates Div. 13 Final PlatCHUBBUCK 1 0 A III a 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 BROOKSTONE ESTATES DIVISION 13, APPROXIMATELY 4.5 ACRES LOCATED AT THE WEST END OF BRYNWOOD AVENUE FACTS REQUEST: The applicant proposes a 19 lot Final Plat for 18 residential building lots and 1 park lot in the Brookstone Estates Subdivision, Division 13. It includes extending and improving Brynwood Ave. along with water, sewer, and irrigation infrastructure to the west 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: Brookstone LLC 158 S. Main St. Pocatello, ID 83204 PROFESSIONAL SERVICES: Knudsen Engineering, LLC 609 W. Maple 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 12. Generally located at the west end of Brynwood Ave. SITE CHARACTERISTICS & ZONING: CURRENT ZONING' Limited Residential P (R -2P) CURRENT LAND USE: agriculture PROJECT SIZE: ±4.5 acres VIEWS: Generally visible from the south and east TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING 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 & Limited Residential P (R -2P) zones EAST: Residential, Limited Residential P (R -2P) zone SOUTH: Residential; Bannock County Residential Suburban zone WEST: Vacant; Bannock County Residential Suburban zone Final Plat Approvo! 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 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 April 20, 2022. a. A twelve (12) month extension for preliminary plat approval was granted by City Council on February 7, 2024. b. Notice was posted on the property in question on February 8, 2024. 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 21, 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: 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 L CHUBBUCKI nN 0 290 E Linden Avenue, Chubbuck, 1D 83202 208.237.2430 www.CityofChubbuck.us Final Plat Auroval Form- FFCL 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 plans be approved by Development Services Division and any requirements incorporated into a development agreement. If staff and developer are unable to reach a consensus of requirements for the development through the development areement staff will bring items of disagreement before the Cit Council for a final decision. b. A successful execution of the development agreement. 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. roposed;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. f. No conditions were attached to the preliminary plat approval 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 CHUBBUCK9 0 I a 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 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. 4APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of ri' Fk-kZk-r , 20 . /94�0t\ CHUBBUCK 10 R H u Kevin B. England, Mayo ATTEST: ers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us