HomeMy WebLinkAboutLegacy ParkLK1 1
I I i I
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbucl<.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
SURROUNDING LAND USES AND ZONING
NORTH: Vacant; General Commercial (C-2) zone
RECENT TRAFFIC COUNTS:
2019: Yellowstone Ave. at Parklawn Ave,
11,953/day
2021: Yellowstone Ave. at New Day Prkwy,
10,492/day
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
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
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:
&O—
CHUBUCK
I n 0 H 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.
c. Street name be changed from Briscoe Road to East Briscoe Road.
d. Provide an easement on the plat for water and irrigation components on Lot 1 Block 1
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
aO .
CHUBBUCK
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
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 Z day
of AQr; E , 20 2-?-.
Kevin B. Englatad, M r
ATTEST:
-'Joe y o e ,Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
CHUBBUCK www.CityofChubbuck.us
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