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HomeMy WebLinkAboutItem #2 Legacy Park/a 0�t\ CHUBBUCK I o A H o Memo Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us To: Honorable Mayor and City Council From: Public Works Staff Date: April 12, 2022 Re: Final Plat for Legacy Park Subdivision Applicant: G. Brandon Ratliff 4902 Burley Dr., Suite 9 Chubbuck,ID 83202 Professional Services Knudsen Engineering 1070 Hiline Road Pocatello, ID 83201 Application: Legacy Park Subdivision, approximately 12.61 acres with 11 commercial building lots. Located in the NE'/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, north of the Shiozawa property, south of New Day Parkway, between Yellowstone Avenue and the Union Pacific Railroad tracks. Existing Zoning: General Commercial (C-2) Existing Land Use: Agriculture Staff Report: The final plat for Legacy Park Subdivision substantially conforms to the preliminary plat approved by the City Council on March 2, 2022. The final plat application has been reviewed by staff and appears to meet the standards of Titles 16, 17, and 18 of City Code. Specifically: • 17.12.130: The final plat application was submitted within the twelve months validity period • 17.12.220: The Public Works Director has reviewed the final plat and finds that is substantially conforms to the approved preliminary plat; o There is no increase in the number of lots nor any additional streets o This is no significant change in the configuration of lots or street alignment o There is no significant change in the size or location of open space o No other changes have occurred which have affected the reviewed preliminary plat • Recommended Condition: o Construction plans/drawings be approved by the Development Services Division. o An approved Idaho Transportation Department access permit for Briscoe Road be submitted. Attachments: 1. Final Plat for Legacy Park Subdivision 2. Findings of Fact and Conclusions of Law 1940�t-\ CHUBBUCK 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us 34 S 89°3_6'44" E 3 I - -F-7 - - - - - 2,650.75' - - I I I I I I I I I I III I I I I I I I I I I I I I I I I I I I I I 34W35 3 4 LINE TABLE I r -I I I I I I L1 S 89°37'05" W 26.00' L2 1100 I I 90°01'37" 30.01' N 45°22'06" W 42.44' M I I I R) SRI N 44°37'54" E 42.42' 00 LOT 1 N o6 I LOT 6 N 23°09'37" E 87.87' C4 0.92 AC. 10 w I I I I I I I i 1 o I 15' (SEE NOTE 3) 7 I I zoL 01 1------223 01'---J SPUD BUDDIES LLC --252.80'--�-- I I Ln I I I I DEED # 20704501-2-3 101 z I N I o I I I I I 0°1 N 1 I C I I o.O AC. ° I N I D I n 0.89 AC. 0.89 BLOCK 1 11�ob I I I in LOT 1 IN I I I I I I I I I I I I I I I lz WS I I I I IIS-- I I I ►� I I I 4C' CANAL EASEMENT (SEE NOTE 8 & 9) 170.66' N 1 I I I EXISTING 25' (R1 -S00°06'13" W 720.00) y1 I~SEWER EASEMENT-- S 89036'35" E 581.61_ •� - II 75.96' 1 1 252.83' r- 252.83'- - 80.00' 60' (SEE NOTE 6) I w I_ I 4.04' i� (R) I � I LOT 3 I N o6 I LOT 4 I I I I 0.93 AC. I o Lo -1 I 0.91 AC. FIRE TURNAROUND I V I I (SEE NOTE 10) II 00 S 89°37'05" W S 89°37'05" W lzt I- - - 252.80' _252.88'- - 15' (SEE NOTE 5) 20' I I 40' I 00Lu I i r -I o M LOT 2 I*Ln I S I N 1 i LOT 5 IN I ooh r'n-I 0.92 AC. I � p 0.92 AC. I z I BLOCK 2 S 89°37'05" W I S 89°37'05" W 252.95' - I 252.80' 34W35 3 4 LINE TABLE # DIRECTION DISTANCE L1 S 89°37'05" W 26.00' L2 N 00°22'55" W 16.00' I I I I I I I --- 15' NOTE 5) Lu 1 TANGENT CHORD DIRECTION CHORD LENGTH Cl (SEE I 90°01'37" 30.01' N 45°22'06" W 42.44' M (R)(rN 47.11' 89°58'23" R) SRI N 44°37'54" E 42.42' 00 LOT 1 N o6 I LOT 6 N 23°09'37" E 87.87' C4 0.92 AC. 10 Ln I 0.92 AC. I I i 1 o I 15' (SEE NOTE 3) 7 I I zoL 01 1------223 01'---J cn --252.80'--�-- I SPUD BUDDIES LLC DEED # 20704501-2-3 LEGACY PARK SUBDIVISION LOCATED IN THE NORTH 1/2 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO CURVE TABLE # RADIUS ARC LENGTH DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH Cl 30.00' 47.14' 90°01'37" 30.01' N 45°22'06" W 42.44' C2 30.00' 47.11' 89°58'23" 29.99' N 44°37'54" E 42.42' C3 110.00' 90.40' 47°05'03" 47.93' N 23°09'37" E 87.87' C4 110.00' 90.40' 47°05'03" 47.93' S 23°09'37" W 87.87' COUNTY TREASURER'S CERTIFICATE PURSUANT TO 50-1308, IDAHO CODE, I JENNIFER CLARK, DO HEREBY CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH DELINQUENT AND CURRENT, HAVE BEEN PAID IN FULL THROUGH JENNIFER CLARK COUNTY TREASURER CITY OF CHUBBUCK DATE THE PLAT ON WHICH THIS CERTIFICATION APPEARS IS HEREBY APPROVED BY THE CITY OF CHUBBUCK, IDAHO THIS DAY OF 202_ KEVIN ENGLAND, MAYOR JOEY BROWERS, CITY CLERK BRIDGER MORRISON P.E., CITY ENGINEER ACKNOWLEDGEMENT STATE OF IDAHO, COUNTY OF BANNOCK, ON THIS DAY OF , 202-, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED BRANDON RATLIFF KNOWN OR IDENTIFIED TO ME TO BE THE MANAGER FOR C&N PARTNERSHIP LLC (AN IDAHO LIMITED LIABILITY COMPANY) THE COMPANY THAT EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME ON BEHALF OF THE COMPANY. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY GARYG. RATLIFF OFFICIAL SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. DEED # 22119823 NOTARY PUBLIC: RESIDING IN: FIRE TURNAROUND (SEE NOTE 10) 7 I I Z I I 1 qzr I I I _ _182 94'- - (SEE NOTE 7) I I ,,, i � i i _ S 8_9°37'05" W 555._55' I_rll m �1 00 ~ I ~ BRISCOE ROAD m - O I TEMPORARY PUBLIC UTILITY m 7- I 1 1 m co, Jam- AND ACCESS EASEMENT o 1 1 _ - - - - _ 223.07Lf)' - L2 - .226.80' - - - - N (SEE NOTE 11) N i C� 183.00' 124.42' 35' 7 00 ri N cn NI I I I ° o 1 En FIRE TURNAROUND 101 z I I IR� /VM �/ r J "R" 0°1 N 1 I o LOT 3 / SS/° o.O AC. ° I N I D I n 0.89 AC. 0.89 BLOCK 1 11�ob I I I in LOT 1 n O t.0 I N �� N 89°32'36" W lz WS I 89°38'42" W 55' 170.66' N 1 7 I I Z I I I I _ _ _182 94'- - (SEE NOTE 7) I I w I LOT 4 LLj115' I_rll (SEE NOTE 4) I L o I 0.48 AC. Ln1 W ItD LOT2�RJ IN I m 7- I 1 1 ri 0.48 AC. I o r�-I 0n1 " 1C I I' nl 183.00' 124.42' 00 7 00 ri N 00 I M O ° o I FIRE TURNAROUND I W I z I (SEE NOTE 10) _ GARVB.RATLIFF >- I N DEED # 22119827 S 89°37'05" W 307.42' N I I I in LOT 1 n O t.0 I N Ln I N 1.77 AC. N 1 I I I I I I I I I I I I I (R) I I 1 I I I I I 75.44' •- -�•L- I I I I 303.84' -- -- -- ---• N 89036'40" W 379.29' MATHEW SCHIOZAWA DEED NO. 21213896-7 MY COMMISSION EXPIRES: SANITARY RESTRICTIONS SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND APPROVAL FOR THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF SANITARY RESTRICTIONS. WATER AND SEWER LINE HAVE BEEN COMPLETED AND SERVICES CERTIFIED AS AVAILABLE. SANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326, IDAHO CODE, BYTHE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. DATE HEALTH DISTRICT SIGNATURE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARE RECORDED AS INSTRUMENT NUMBER AND ARE HEREBY MADE A PART OF THIS PLAT. CULINARY WATER THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE CITY OF CHUBBUCK MUNICIPAL SYSTEMS. FORT HALL IRRIGATION PROJECT ACCEPTANCE FORT HALL IRRIGATION PROJECT HAS REVIEWED THE PLAT AND ACCEPTED THE EASEMENTS AS SHOWN. DAVID BOLINGER, DATE IRRIGATION PROJECT MANAGER IRRIGATION CERTIFICATE LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT HALL IRRIGATION PROJECT. THE IRRIGATION WATER RIGHTS REMAIN WITHIN THE LAND AND THE CITY OF CHUBBUCK SHALL BE APPOINTED TO ACT AS AGENT, AS DESCRIBED IN THE RECORDS OF BANNOCK COUNTY UNDER INSTRUMENT NO. . PER IDAHO CODE SECTION 31-3805, IT IS UNDETERMINED HOW THE DELIVERY OF IRRIGATION WATER FROM THE PROJECT TO THE LOT WILL OCCUR. UNTIL THAT TIME, NO ASSESSMENT SHALL BE LEVIED FROM CITY OF CHUBBUCK AGAINST THE LOT OWNER. DEVELOPMENT AGREEMENT THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED UNDER INSTRUMENT NO. IS HEREBY MADE PART OF THE PLAT. BOUNDARY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 EAST, B.M., BANNOCK COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, BEING MARKED BY A ITD MONUMENT IN VAULT AS DESCRIBED IN CORNER PERPETUATION INSTRUMENT NUMBER 21111672, SAID POINT ALSO BEING THE NORTHWEST BOUNDARY CORNER OF THE PROPERTY DESCRIBED IN THE RECORD OF SURVEY DONE FOR ROY LACEY, RECORDED UNDER INSTRUMENT NUMBER 99008556; THENCE SOUTH 00°22'55" EAST, ALONG THE MERIDIONAL CENTERLINE OF SAID SECTION 3 AND THE WESTERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 420.81 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 89°36'35" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID RECORD OF SURVEY, A DISTANCE OF 581.61 FEET; THENCE SOUTH 00°22'55" EAST, A DISTANCE OF 471.81 FEET; THENCE SOUTH 89°37'05" WEST, A DISTANCE OF 26.00 FEET; THENCE NORTH 00°22'55" WEST, A DISTANCE OF 228.68 FEET; THENCE NORTH 89°32'36" WEST, A DISTANCE OF 170.66 FEET; THENCE SOUTH 00°27'24" WEST, A DISTANCE OF 386.82 FEET; THENCE NORTH 89°36'40" WEST, A DISTANCE OF 379.29 FEET TO A POINT ON THE MERIDIONAL CENTERLINE OF SAID SECTION 3; THENCE NORTH 00°22'55" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 1,087.50 FEET TO THE POINT OF BEGINNING. CONTAINING 12.61 ACRES, MORE OR LESS. SURVEYOR'S NARRATIVE & NOTES 1. THE PURPOSE OF THIS SURVEY IS TO SUBDIVIDE A 12.61 ACRE PARCEL OF LAND INTO 11 LOTS AND TWO RIGHTS-OF-WAY FOR COMMERCIAL DEVELOPMENT. 2. LOT RESTRICTIONS: A) LOTS 1 & 6, BLOCK 2 AND LOTS 3 & 5, BLOCK 1 ARE RESTRICTED FROM HAVING ACCESS OFF OF BRISCOE RD. B) LOTS 1-3, BLOCK 1 AND LOTS 1-3 BLOCK 2 ARE RESTRICTED FROM HAVING ACCESS OFF OF YELLOWSTONE AVE. 3. EASEMENTS ALONG BRISCOE DRIVE ARE 15 FEET WIDE AND ARE FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES. 4. A 15 FOOT WIDE PRIVATE UTILITY EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF THE LOT 4, BLOCK 1 SEWER SERVICE. LOCATED WITHIN LOT 2, BLOCK 1. 5. A 15 FOOT WIDE PUBLIC UTILITY EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES. 6. A 60 FOOT WIDE PUBLIC UTILITY AND ACCESS EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES. 7. A 55 FOOT WIDE PUBLIC UTILITY AND ACCESS EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES. 8. FORT HALL IRRIGATION PROJECT HAS A 40 -FOOT WIDE RIGHT-OF-WAY FOR THE TYHEE WASTEWAY CANAL. NO MODIFICATIONS OR ENCROACHMENT WITHIN THE LIMITS OF THE UNITED STATES RIGHT OF WAY FOR TYHEE WASTEWAY CANAL WILL BE ALLOWED WITHOUT PRIOR WRITTEN APPROVAL BY THE BUREAU OF INDIAN AFFAIRS. 9. THE 40 FOOT RIGHT-OF-WAY WILL ALSO SERVE AS A DEDICATED EASEMENT TO THE CITY OF CHUBBUCK FOR ACCESS AND RECREATION CONDITIONAL UPON WRITTEN APPROVAL FROM THE BUREAU OF INDIAN AFFAIRS. 10. A TEMPORARY FIRE TURNAROUND AND EASEMENT (66'x22') SHALL BE PLACED AT THE END OF EACH ROAD AND SHARED ACCESS. THESE EASEMENTS WILL TERMINATE UPON THE EXTENSION OF THE ROAD/ACCESS. 11. A TEMPORARY ACCESS AND MAINTENANCE EASEMENT SHALL BE PLACED TO COVER THE UTILITY STUBS THE CONTINUE PAST THE SUBDIVISION BOUNDARY LINE. THIS EASEMENT WILL AUTOMATICALLY TERMINATE UPON BEING PLACE WITHIN A DEDICATED RIGHT-OF-WAY IN A FUTURE PHASE. OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION, HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO BLOCKS, LOTS AND STREETS TO BE HEREAFTER KNOWN AS LEGACY PARK SUBDIVISION. WE, THE OWNERS, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT. THE LOCATION AND DIMENSIONS OF THE BLOCKS, LOTS AND STREETS ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREETS, AND ALL WATER, SEWER AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET RIGHTS-OF-WAY, ARE DEDICATED TO THE PUBLIC FOR PUBLIC USE, UNLESS OTHERWISE INDICATED, AND THE EASEMENTS FOR PUBLIC UTILITIES ARE DEDICATED TO THE PUBLIC FOR THE INSTALLATION, OPERATION, MAINTENANCE AND USE OF PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, INCLUDING, BUT NOT LIMITED TO, POSTAL DELIVERY BOXES. NO STRUCTURES, OTHER THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITY PURPOSES, ARE TO BE ERECTED OR PLACED WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HEREBY CONVEYED OR RESERVED TO THE PUBLIC IN PERPETUITY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS, SUBJECT TO MUNICIPAL REGULATION. THE RESPONSIBILITY TO MAINTAIN THE PROPERTY DEDICATED, EXCEPT AS NOTED, SHALL PASS TO THE PUBLIC BODY HAVING JURISDICTION WHEN SUCH DEDICATION HAS BEEN ACCEPTED. THE RESPONSIBILITY TO MAINTAIN THE SURFACE AREA OF PROPERTY OVER WHICH AN EASEMENT LIES SHALL REMAIN WITH THE OWNER AND OWNER'S SUCCESSOR'S IN INTEREST. THE RESPONSIBILITY TO MAINTAIN STORM WATER DETENTION FACILITIES, WHETHER LYING IN AN EASEMENT OR LYING WITHIN A DEDICATED RIGHT OF WAY, SHALL BELONG TO THE OWNER OF THE PROPERTY BENEFITED BY THE DETENTION OF STORM WATER FLOWING FROM THAT PROPERTY WHICH SHALL BE THE PROPERTY ADJACENT TO THE STORM WATER DETENTION FACILITY UNLESS SUCH FACILITY SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT. THIS PLAT IS GOVERNED BY THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK, WHICH PROVIDES THAT A FINAL PLAT SHALL CONSTITUTE A DEDICATION; HOWEVER, APPROVAL OF THE FINAL PLAT SHALL NOT CONSTITUTE THE CITY'S ACCEPTANCE OF THE DEDICATION. SUCH ACCEPTANCE SHALL BECOME EFFECTIVE ONLY UPON THE EXECUTION BY THE MAYOR OF A SEPARATE INSTRUMENT FOR THAT PURPOSE AFTER THE CITY COUNCIL HAS FOUND THAT ALL STRUCTURES AND IMPROVEMENTS RELATING TO THE DEDICATED PROPERTY HAVE BEEN COMPLETED AND HAVE BEEN APPROVED UPON INSPECTION BY THE CITY. DEDICATION IS NOT BINDING UPON THE CITY UNTIL ACCEPTED. BRANDON RATLIFF SURVEYOR'S CERTIFICATE I, MATTHEW S. BAKER, A DULY LICENSED LAND SURVEYOR IN THE STATE OF IDAHO, DO HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY DIRECTION OF THE PREMISES DESCRIBED IN THE BOUNDARY DESCRIPTION AND SHOWN ON THIS PLAT UPON WHICH THIS CERTIFICATION APPEARS. I FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND THAT THE MONUMENTATION SHOWN CONFORMS WITH THAT SET ON THE GROUND AND THAT THE PERTINENT STATUTES OF THE STATE OF IDAHO, TOGETHER WITH ALL LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. L 5 T cRFsG�� O MATTHEW S. BAKER 13023 O 7;0 DATE Z � V/C/NIMWAP LEGEND 34 r:::= FOUND 1/4 CORNER AS NOTED 3 • SET 5/8 INCH BY 24 INCH REBAR WITH 2 INCH ALUMINUM CAP STAMPED "SLS LS 13023" SET 1/2 INCH BY 24 INCH REBAR W/ PLASTIC CAP STAMPED "SLS LS 13023" PLACED AT LOT CORNERS AND CURVE ENDS - - SURVEYED EXTERIOR BOUNDARY LINE SURVEYED INTERIOR BOUNDARY LINE STREET CENTERLINE EXISTING STREET CENTERLINE - - - - - - EASEMENT SIDELINE EXISTING EASEMENT SIDELINE ------------ BUILDING RESTRICTION LINE EXISTING PROPERTY LINE EXISTING SECTION LINE COUNTY RECORDER'S NO. COUNTY REVIEWING SURVEYOR CERTIFICATE I SURVEYOR IN AND FOR BANNOCK COUNTY IDAHO DO HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND COMPUTATIONS SHOWN HEREON, AND HAVE DETERMINED THAT THE REQUIREMENTS OF IDAHO CODE 50-1305 HAVE BEEN MET, AND I APPROVE THE SAME FOR FILING THIS DAY OF 2022. PLS COUNTY SURVEYOR BASIS OF BEARING THE BASIS OF BEARING SHALL BE PER CITY OF CHUBBUCK GRID COORDINATE SYSTEM. GRAPHIC SCALE -60 0 30 60 (IN FEET) 1 inch = 60 feet laofk\ CHUBBUCK I D A H O CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A FINAL PLAT FOR LEGACY PARK SUBDIVISION, APPROXIMATELY 12.61 ACRES LOCATED EAST OF THE BRISCOE ROAD & YELLOWSTONE AVE. INTERSECTION FACTS REQUEST: The applicant proposes an 11 lot Preliminary Plat for 11 commercial building lots in the Legacy Park subdivision. It includes extending and improving Briscoe Road east of Yellowstone Ave. This is the first division of the Legacy Park Subdivision. 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 1070 Hiline Road Pocatello, ID 83202 LOCATION: NE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, north of the Shiozawa property, south of New Day Parkway, between Yellowstone Avenue and the Union Pacific Railroad tracks. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2) CURRENT LAND USE: agriculture PROJECT SIZE: ±12.61 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 SURROUNDING LAND USES AND ZONING NORTH: Vacant; General Commercial (C-2) zone EAST: Vacant; Dense Residential (R-4) zone and General Commercial (C-2) zone Final Plat Approval Form- FFCL SOUTH: Multi -Family Residential / Public Park; Dense Residential (R-4) zone WEST: Residential; General Commercial (C-2) zone SERVICES: ACCESS STREET: Current access from Yellowstone 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 PROCEDURES: 1. In accordance with City Code 17.12.200 and Resolution 2020-03, 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 March 2, 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 April 20, 2022 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: lao�t_\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Final Plat Approval Form- FFCL 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. Construction Plans/drawings be approved by the Development Services Division. b. An approved Idaho Transportation Department access permit for Briscoe Road be submitted. 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 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 194�0t\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 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 /9470't-\ CHUBBUCK 1 0 20 Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us