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Home My WebLink AboutPinecrest Townhomes Preliminary PlatCITY 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 PINECREST TOWNHOMES, APPROXIMATELY 1.22 ACRES LOCATED ON THE SOUTH SIDE OF W. CHUBBUCK ROAD. GENERALLY LOCATED AT 265 W. CHUBBUCK ROAD. FACTS REQUEST: The applicant proposes a 25 lot Preliminary Plat for 24 single family residential attached building lots and 1 common lot in the Pinecrest Townhomes subdivision. It includes providing access from W. Chubbuck Road and extending water and sewer services to each lot and will utilize Fort Hall Irrigation Project irrigation water for the common area landscaping. 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: House Buyers 208, LLC & Idaho A&E Engineering Creative Solutions P.O. Box 1327 2646 Limerick Circle Pocatello, ID 83204 Idaho Falls, ID 83404 LOCATION: NW 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian, on the south side of W. Chubbuck Road. Generally located at 265 W. Chubbuck Road. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2) CURRENT LAND USE: Residential/Pasture PROJECT SIZE: ±1.22 acres VIEWS: Generally visible from the north TOPOGRAPHY: Generally flat EXISTING STRUCTURES: Yes, Multiple SURROUNDING LAND USES AND ZONING RECENT TRAFFIC COUNTS: 2020: Chubbuck Rd. at Afton PI., 11611/day 2021: Chubbuck Rd. at Misti Ave., 15846/day NORTH: Residential; General Commercial (C-2) & Limited Residential (R-2) zones EAST: Residential; General Commercial (C-2) zone SOUTH: Residential; General Commercial (C-2) & Limited Residential (R-2) zones WEST: Residential; General Commercial (C-2) & Planned Unit Development (PUD) zones Pre -Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from West Chubbuck Road 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: 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 August 13, 2024 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. 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us 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. The final plat along with supporting documents be submitted in accordance with Title 17 of the Chubbuck Municipal Code. b. Secondary irrigation facilities including a pump station be designed and constructed for this development utilizing Fort Hall Irrigation Project irrigation water. c. The entire 20' wide access lane and hammerhead turnaround for emergency services and garbage pickup shall be striped and signed no parking, fire lane. d. Submit a revised final plat showing 2 units removed and provide a minimum of 8 additional parking spaces or as many as possible. 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. 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Pre -Plat Approval Form- FFCL 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. 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. J APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this J day of A� ins _ , 20 . Kevin B. England, Mayo lao�f_,\ CHUBBUCK I n A ATTEST: Joey r , lerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us