HomeMy WebLinkAboutBrookstone Estates Div. 14 Final Plat1 0 R 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 BROOKSTONE ESTATES DIVISION 14, APPROXIMATELY 2.94
ACRES LOCATED AT THE WEST END OF BRYNWOOD AVENUE
FACTS
REQUEST: The applicant proposes a 19 lot Final Plat for 19 residential building lots in the Brookstone Estates
Subdivision, Division 14. It includes extending and improving Brynwood Ave. along with water, sewer, and
irrigation infrastructure to the northwest.
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, west of
Brookstone Estates Division 13. 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: ±2.94 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 zone
EAST: Agriculture; Bannock County Residential Suburban & Limited Residential P (R -2P) zones
SOUTH: Residential; Limited Residential P (R -2P) zone
WEST: Vacant, Bannock County Residential Suburban zone
Final 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
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.
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 September 4, 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.
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:
L
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. Construction plans have been approved by Development Services Division and any
requirements will be incorporated into a development agreement If staff and
developer are unable to reach a consensus of requirements for the development
through the development agreement, staff will bring items of disagreement before
the City 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. 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
/94�40-\
CHU1 0BBUCK
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
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 `Irk day
of �er , 20 2r I .
lao�t-L
CHUBBUCK
I a
evin B. England, ayor
ATTEST:
Jo o er , lerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us