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HomeMy WebLinkAboutYellowstone Commons Div. 2 Preliminary PlatCHUBBUCK 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 PRELIMINARY PLAT FOR YELLOWSTONE COMMONS DIVISION 2 FIRST AMENDMENT, APPROXIMATELY 10 ACRES LOCATED AT THE SOUTHEAST CORNER OF HAWTHORNE RD. / KNUDSEN BLVD. INTERSECTION FACTS REQUEST: The applicant proposes a 1 lot Preliminary Plat for 1 multi -family residential building lot in the Yellowstone Commons Division 2 First Amendment subdivision. It includes extending potable water and sanitary sewer mainlines with services through the development. TYPE OF COMMISSION 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: Wright Development Group — Logan Johnson 1178 W Legacy Crossing Blvd. Ste. 100 Centerville, UT 84014 PROFESSIONAL SERVICES: Kunz Engineering 280 East 260 South Orem, UT 84058 LOCATION: NW 1/4 of Section 10, Township 6 South, Range 34 East, of the Boise Meridian. Generally located at SE corner of Hawthorne Rd. / Knudsen Blvd. intersection. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: General Commercial (C-2) RECENT TRAFFIC COUNTS: CURRENT LAND USE: Agricultural 2021: Knudsen Blvd at Hawthorne Rd, 4254/day PROJECT SIZE: ±10 acres 2021: Hawthorne Rd at Knudsen Blvd, 14550/day VIEWS: Generally visible from all directions 2021: Chubbuck Rd at Hawthorne Rd, 15846/day TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING NORTH: Agricultural; Agriculture (A) zone EAST: Agricultural; General Commercial (C-2) zone 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. None 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. 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 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www. CityofChubbuck.us Pre -Plat Approval Form- FFCL 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. APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of L CHUBBUCK 1 0 = J AKevB. England, Mayo ATTEST: Joe 5011< ie' 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.Ci1VofChubbuck.us