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HomeMy WebLinkAboutItem #1 Brookstone Div. 13 Final Plat/a 0�t\ CHUBBUCK I D A H O Memo Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us To: Honorable Mayor and City Council From: Development Services Staff Date: February 8, 2024 Re: Final Plat for Brookstone Estates — Division 13 Applicant: Professional Services Brookstone LLC 158 S. Main St. Pocatello, ID 83204 Knudsen Engineering, LLC 609 W. Maple St. Pocatello, ID 83201 Application: Brookstone Estates Division 13, approximately 4.5 acres with 18 single family residential lots and 1 park lot. Located in the SW 1/4 of Section 5, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of Lea Avenue, west of Division 12. Generally located at the west end of Brynwood Avenue. Existing Zoning: Limited Residential - P (R -2P) Existing Land Use: Agriculture Staff Report: The final plat for Brookstone Estates—Division 13 substantially conforms to the preliminary plat approved with no conditions by the City Council on April 20, 2022. The final plat application has been reviewed by staff and meets the standards of Title 17 of City Code. Specifically: • 17.12.130: The final plat application was submitted within the twelve months validity period. o A twelve (12) month extension of the preliminary plat approval was granted by City Council on February 7, 2024. o Notice was posted on the property in question on February 8, 2024. • 17.12.220: The Community Services 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 o No conditions were attached to the preliminary plat approval • Staff Recommendation: o Recommend Approval. o If approved, recommend approval of Findings of Fact and Conclusions of Law. • Recommended Condition(s) if approved: o Construction plans be approved by Development Services Division and any requirements 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. o A successful execution of the development agreement. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Brookstone Estates — Division 13 3. Preliminary Plat FFCL Approval Documents including preliminary plat 1940�t-\ CHUBBUCK 1 0 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us laofk\ CHUBBUCK I D A H O 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 13, APPROXIMATELY 4.5 ACRES LOCATED AT THE WEST END OF BRYNWOOD AVENUE FACTS REQUEST: The applicant proposes a 19 lot Final Plat for 18 residential building lots and 1 park lot in the Brookstone Estates Subdivision, Division 13. It includes extending and improving Brynwood Ave. along with water, sewer, and irrigation infrastructure to the west 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, on the north side of Lea Avenue west of Brookstone Estates Division 12. 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: ±4.5 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 & Limited Residential P (R -2P) zones EAST: Residential; Limited Residential P (R -2P) zone SOUTH: Residential; Bannock County Residential Suburban 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. a. A twelve (12) month extension for preliminary plat approval was granted by City Council on February 7, 2024. b. Notice was posted on the property in question on February 8, 2024. 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 February 21, 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: 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 lao�t-\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 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: 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. Construction plans be approved by Development Services Division and any requirements 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 CitX 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. f. No conditions were attached to the preliminary plat approval 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 194�0t\ CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 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 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 day of , 20 194�0t\ CHUBBUCK 1 0 Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us SOUTHWEST 1/16 CORNER OF SECTION 5, FOUND 5/8" BARE REBAR PER CP&F #660194 IZ 0 0 0 A IN BROOKSTONE, LLC DEED INSTR. #22112193 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 152.50' 51.38' 51.14' S 29°21'05" E 19°18'20" C2 50.00' 52.36' 50.00' N 48°07'24" W 60°00'00" C3 50.00' 130.90' 96.59' IS 86052'36" W 150°00'00" C4 152.50' 104.12' 102.11' JS 58°33'50" E 39°07'09" C5 21.00' 32.99' 29.70' 1 N 33°07'24" W 90°00'00" C6 21.00' 32.99' 29.70' 1S 56°5236" W 90°00'00" C7 97.50' 66.57' 65.28' N 58°33'50" W 39°07'09" C8 125.00' 85.34' 83.70' IN 58°33'50" W 39°07'09" /RFrnRn rl ipur: nAT41 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE R1 -C2 50.00' 52.36' 50.00' N48°07'24"W 60°00'00" R1 -C3 50.00' 130.90' 96.59' S 86°5236" W 150°00'00" RECORD OF SURVEY INSTR. #22209368 P2 -C2 50.00' 52.36' ----- ----- 60000'00" P2 -C3 50.00' 130.90' ----- ----- 150°00'00" 02 BROOKSTONE, LLC TEMPORARY TURN AROUND, 30.91, DEED INSTR. #22112193 UTILITY AND STORM WATER 5700' EASEMENT SEE NOTE 3 v �50�� W 57.00 ftft p5� \\ LOT 7 M o o U W 57.00' ---78°07'24' E 51 120.00' / / �p�%3� 0 0.15 AC o O~ ? M o W 57.00, 0.91, M 57,00, OM N o rrUM W n �/ • 15.00' . � , I- Q Y � 70.00, \ 0 Z o ^ o c0 U Sn o W • l \ ti1�o C� 32.94 - �U Z JO o O °� o O iy o N U W cc 1PUE 27 5p �75p' y\ 57.00' m 2 _ d I. M (0o U I 70 0 p,�� 20.00 /32.50' C8.00, - o ^ °vNi oo Q o 0 \/ \ s7ool_ Z o �- rn W CA 57.00 15.00' W _o o BLOCK 1 15.00' J 57 PUE lO JO p 0 W N co I LOT 11 PUE N 78°07'24' 0p 4g fo z 15.00' m co v w z 1.30 AC 58.15, B v 415,44, 0p' G6 PUE N h 00--2 z i (SEE NOTE 1) o 50 0p RYNVV00- _ Z Om ^ = mY o V UE r ns O 0 �j o I Cr) ^ 50.00, W A C _ 44.20,- m 4 a O z z z A \� CO ^ Q 50.00' 20 m � o w I- W 50. g �� - CN)Z o o I� Q M o W 00 5° 0p, • N 7g°0T24„ W ^ N 78°07'24" W. D �c �� o O N 4, o w U co W _ N 4.80' r\) / �, Z o oo p _N o U 50.00' 9270' (PI -S 78°07'24"E) co o APPROXIMATE C3 \ Qp° qQ Z ^ ' o o p F� o0 o U Lu Sp 0p, �o (P1-4.80) N M TOP OF \ 1719 .- - °' c �- Q ( o W � � 50.0p, N � 15.00' PUE S 24 Z o o O N v o h U 1 IRRIGATION DITCH / �., 6p J o 50 0 SEE NOTE 5 AND \ 50.00' Z o o O N N o 7171 U 1 0' IRRIGATION C) I- Q M W 15.00' J_ EASEMENT \ 50.00' Z o o O o M o PUE W o a W 50.00,Z o ^ o O� N o N U w� P.C1.B N� o v� N Com' _ _ 50.00, Z �o o JON h ^ _ N7 50.00' 7.00' Z o O_N o �N ^Yw 1/2" REBAtR(,,, N 78 09' t� 1 N $°07'24" W 47 50.0p, SEE NOTE 2- Z J o o 1 h^ O O Z 1 N0724W$g 72 a 4.60' SpI�-s.00' O 0) P2'S177°52,E 88.89) _ _ 0p, I SEENOTE 2 � ? m Q Z 89) 1" PIPE L _ 0p' d O CD Eq AVENUE N 78°07 5p.°° m LO LOT 24 N LAMAR ACRES LAMAR ACRES r RI -s 1-801_ 469 BLOC BLOC�2 S 7� S) EJ 26 _ o No. 1 No, 1 LOT 15.00' PUE o 0o BL 17 OC AND LAMAR ACRES No. 1 IRRIGATION J SOUTH QUARTER CORNER OF SECTION 5, BROOKSTONE ES TA TES - DIVISION 13 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK. O VICINITY MAP NOT TO SCALE LEGEND QUARTER CORNER AS NOTED 1/16TH CORNER AS NOTED FOUND ALUMINUM CAP MONUMENT "PLS 18971" FOUND 1/2" REBAR WITH PLASTIC CAP "PLS 18971" FOUND MONUMENT AS NOTED, REPLACED WITH 5/8" REBAR WITH PLASTIC CAP "PLS 18405" SET ALUMINUM CAP MONUMENT "PLS 18405" SET 5/8" REBAR WITH PLASTIC CAP "PLS 18405" SET 1/2" REBAR WITH PLASTIC CAP "PLS 18405" PARCEL BOUNDARY LOT LINE EASEMENT LINE (USE AS NOTED) TEMPORARY EASEMENT (SEE NOTE 3) SECTION LINE ADJOINING PARCEL OR LOT LINE EXISTING EASEMENT TOP OF IRRIGATION DITCH (R) INDICATES A RESTRICTED LOT (SEE NOTE 4) (P1- ) RECORD BEARING AND DISTANCE PER BROOKSTONE ESTATES - DIVISION 12 INSTR. #22311703 (P2- ) RECORD BEARING AND DISTANCE PER LAMAR ACRES No. 1 INSTR. #505969 (R1- ) RECORD BEARING AND DISTANCE PER RECORD OF SURVEY INSTR. #22209368 FOUND ALUMINUM CAP MONUMENT MONUMENTED BASIS OF BEARING PER CP&F #22103718 (IN 87 39'0 03" W 313.8 ' rj N 87°39'05" W 1313.88' 8 NPL LAND BASIS OF BEARING CANAL RIGHT-OF-WAY ��5`'\O�GENSF� �Q WEST 1/16 CORNER ON THE SOUTH LINE OF SECTION 5, 0 FOUND ALUMINUM CAP MONUMENT BASIS OF BEARING PER IDAHO STATE PLANE COORDINATE ALL CANALS, AS SHOWN HEREON, EXIST WITHIN A RIGHT-OF-WAY DEFINED BY I.C. PER CP&F #22000423 SYSTEM EAST ZONE. CITY OF CHUBBUCK COORDINATE SYSTEM §42-1102 AND MUST HAVE WRITTEN PERMISSION OF THE OWNER OR OPERATOR OF THE T GPS COMBINATION SCALE FACTOR OF 1.0002579939. RIGHT-OF-WAY TO CONSTRUCT ANYTHING WITHIN, UNDER, UPON OR OVER THE AREA, TO Q y� ENSURE THAT ANY SUCH ENCROACHMENTS WILL NOT UNREASONABLY OR MATERIALLY P ` _ 09 F OF 0Iz- INTERFERE WITH THE USE AND ENJOYMENT OF THE RIGHT-OF-WAY. N T. PP NOTES REFERENCE DOCUMENTS SURVEY NARRATIVE 1) LOT 11, BLOCK 1 OF THIS SUBDIVISION WILL BE DEDICATED TO THE CITY 1) DEED INSTRUMENT #22112193 THIS PLAT WAS MADE AT THE REQUEST OF BROOKSTONE, LLC. WITH THE INTENTIONS TO SUBDIVIDE A PORTION OF LAND DESCRIBED IN DEED OF CHUBBUCK FOR A RECREATIONAL PARK, STORM WATER RETENTION 2) DEED INSTRUMENT #20912446 INSTRUMENT No. 22112193. • = OR ANY OTHER USE DEEMED APPROPRIATE BY THE CITY COUNCIL. 3) PLAT INSTRUMENT #22311703 2) A 15.00 FOOT WIDE STORM WATER EASEMENT DIMENSIONED AS SHOWN. 4) PLAT INSTRUMENT #505969 THE EAST BOUNDARY LINE WAS DETERMINED BY FOUND MONUMENTS AND 3) A TEMPORARY TURN AROUND, UTILITY AND STORM WATER EASEMENT AS 5) SURVEY INSTRUMENT #22209368 RECORD INFORMATION FROM BROOKSTONE ESTATES - DIVISION 12. THE IVLAND W O F DESCRIBED IN INSTRUMENT # 6) CP&F INSTRUMENT #22103718 SOUTH BOUNDARY LINE WAS DETERMINED BY FOUND MONUMENTS AND 4) LOTS DENOTED WITH (R) ARE ONLY PERMITTED DIRECT VEHICULAR 7) CP&F INSTRUMENT #22000423 RECORD INFORMATION FROM RECORD OF SURVEY FILED UNDER INSTRUMENT ACCESS FROM BRYNWOOD AVENUE. 8) CP&F INSTRUMENT #660194 No. 22209368 AND LAMAR ACRES No. 1 FILED UNDER INSTRUMENT No. 505969. 1823 East Center Street, Pocatello, Idaho 83201 Phone: 208. THE WEST BOUNDARY LINE WAS DETERMINED BY THE WEST 1/16TH LINE OF globallandworks@gmail.com globallandworks.cor 5) THE TOP OF THE BANK OF THE IRRIGATION DITCH WAS MEASURED AND SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST. COLLECTED AS SHOWN ON THE FACE OF THIS PLAT, SEE CANAL BROOKSTONE ESTATES - DIVISIC RIGHT-OF-WAY CERTIFICATE. THE LINE WORK SHOWS THE IRRIGATION Drawn By: C. PAYNE Scale: 1„ - DITCH FALLING OUTSIDE OF A DEDICATED OR WRITTEN EASEMENT. M_a_. r)__*__i. OWNERS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT I, THE UNDERSIGNED OWNER OF THE TRACT OF LAND DESCRIBED IN THE BOUNDARY DESCRIPTION, HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS, BLOCKS AND STREETS TO BE HEREAFTER KNOWN AS BROOKSTONE ESTATES - DIVISION 13. I, THE OWNER, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY DESCRIPTION IN THIS PLAT. THE LOCATION AND DIMENSIONS OF THE LOTS, BLOCKS AND STREETS ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREET, WATER, SEWER, IRRIGATION AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET RIGHT-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 UTILITIES 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 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 TOT HE STORM WATER DETENTION FACILITY UNLESS SUCH FACILITY SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT. THE 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 EXECUTEION 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. BROOKSTONE, LLC, AN IDAHO LIMITED LIABILITY COMPANY DANNIS ADAMSON, MEMBER DATE ACKNOWLEDGMENT STATE OF IDAHO ) COUNTY OF ) SS. ON THIS DAY OF , IN THE YEAR OF 20 , DANNIS ADAMSON, MEMBER OF BROOKSTONE, LLC, PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR THE STATE OF IDAHO AND ACKNOWLEDGE TO ME THAT THEY EXECUTED THE SAME THE HEREIN INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THIS DAY. NOTARY PUBLIC: MY COMMISSION EXPIRES ON: BOUNDARY DESCRIPTION LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5 THENCE N 87°39'05" W 1313.88' ALONG THE SOUTH LINE OF SAID SECTION 5 TO THE WEST 1/16TH CORNER ON THE SOUTH LINE OF SAID SECTION 5; THENCE N 00°04'32" W 820.97' ALONG THE WEST 1/16TH LINE OF SAID SECTION 5 TO THE NORTHWEST CORNER OF LAMAR ACRES No. 1 FILED UNDER INSTRUMENT No. 505969 POINT ALSO BEING THE POINT OF BEGINNING; THENCE N 00'04'32'W 176.30' ALONG THE SAID WEST 1/16TH LINE; THENCE N 57°36'19" E 129.90' TO A NON -TANGENT CURVE TO THE LEFT; THENCE 51.38' ALONG SAID NON -TANGENT CURVE TO THE LEFT (CURVE DATA: RADIUS= 152.50', DELTA= 19°18'20", CHORD= S 29°21'05" E 51.14'); THENCE N 50°59'45" E 155.72'; THENCE S 78°07'24" E 510.91' TO THE NORTHWEST CORNER OF LOT 9, BLOCK 1 OF BROOKSTONE ESTATES DIVISION 12 FILED UNDER INSTRUMENT No. 22311703; THENCE ALONG THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION 12 FILED UNDER INSTRUMENT No. 22311703 FOR THE FOLLOWING THREE (3) COURSES: 1) S 11 °52'36" W 100.00'; 2) N 78°07'24" W 4.80'; 3)S 11°52'36" W 195.00' TO THE SOUTHWEST CORNER OF SAID BROOKSTONE ESTATES DIVISION 12; THENCE N 78°07'24" W 469.26' ALONG THE NORTH RIGHT-OF-WAY LINE OF LEA AVENUE AS SHOWN ON LAMAR ACRES No. 1 FILED UNDER INSTRUMENT No. 505969 TO A TANGENT CURVE TO THE RIGHT; THENCE 52.36' ALONG SAID NORTH RIGHT-OF-WAY LINE AND TANGENT CURVE TO THE RIGHT (CURVE DATA: RADIUS= 50.00', DELTA= 60°00'00", CHORD= N 48°07'24" W 50.00') TO A REVERSE CURVE TO THE LEFT; THENCE 130.90' ALONG SAID NORTH RIGHT-OF-WAY LINE AND REVERSE CURVE TO THE LEFT (CURVE DATA: RADIUS= 50.00', DELTA= 150°00'00", CHORD= S 86°52'36" W 96.59'); THENCE S 11°52'36" W 50.45' ALONG THE SAID RIGHT-OF-WAY LINE TO THE NORTH BOUNDARY LINE OF LOT 19, BLOCK 1 OF SAID LAMAR ACRES No. 1; THENCE N 78°09'53" W 88.72' ALONG THE SAID NORTH BOUNDARY LINE OF LOT 19, BLOCK 1 TO THE POINT OF BEGINNING. ABOVE DESCRIPTION CONTAINS 4.45 ACRES MORE OR LESS IRRIGATION WATER RIGHTS STATEMENT LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT HALL IRRIGATION PROJECT. DELIVERY OF IRRIGATION WATER FROM THE PROJECT TO INDIVIDUAL LOTS HAS BEEN DONE IN COMPLIANCE WITH IDAHO CODE SECTION 31-3805(b) AND CITY OF CHUBBUCK CODE SECTION 16.12.230. PROPERTY OWNERS WILL BE OBLIGATED FOR ASSESSMENTS THROUGH THE CITY OF CHUBBUCK. CULINARY WATER STATEMENT THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARE RECORDED AS INSTRUMENT NUMBER OF THIS PLAT HEALTH DEPARTMENT CERTIFICATE AND ARE HEREBY MADE A PART SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND 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, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. DISTRICT HEALTH DEPARTMENT DATE TREASURE'S CERTIFICATE PURSUANT TO IDAHO CODE 50-1308. 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. JENNIFER CLARK, COUNTY TREASURER DATE RECORDERS CERTIFICATE BROOKSTONE ES TA TES - DIVISION 13 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5 OF TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE BOISE MERIDIAN IN THE COUNTY OF BANNOCK. COUNTY EXAMINING SURVEYOR'S CERTIFICATE I, , AN EXAMINING 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 .20 BANNOCK COUNTY EXAMINING SURVEYOR LICENSE NUMBER CITY OF CHUBBUCK CERTIFICATE THE PLAT ON WHICH THIS CERTIFICATION APPEARS HAS BEEN APPROVED AND THE DEDICATION ARE HEREBY ACCEPTED BY THE CITY OF CHUBBUCK, IDAHO, THIS DAY OF 20 KEVIN ENGLAND, MAYOR JOEY BOWERS, CITY CLERK BRIDGER MORRISON, CITY OF CHUBBUCK ENGINEER DEVELOPMENT AGREEMENT CERTIFICATE THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INSTRUMENT No. ARE HEREBY MADE A PART OF THIS PLAT. SURVEYORS CERTIFICATE I, CARDON T. PAYNE, A LICENSED PROFESSIONAL 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. CARDON T. PAYNE, LICENSE #18405 eol \�Np,L LANA S o c,`� G EN SFO �•Q z- cz- w A a �O P0 ATF OF AQP R�ON T. PP DATE 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 BROOKSTONE ESTATES DIVISION 12-14, APPROXIMATELY 12.16 ACRES LOCATED AT THE NORTH END OF LAMAR STREET FACTS REQUEST: The applicant proposes a 57 lot Preliminary Plat for 56 residential building lots and 1 park lot in the Brookstone Estates Subdivision, Division 12-14. It includes extending and improving Lamar Street to the north 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: Brookstone LLC 158 S. Main St. Pocatello, ID 83204 PROFESSIONAL SERVICES: RMES 600 E. Oak St. Pocatello, ID 83201 LOCATION: SW 1/4 of Section 5, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of Lea Avenue west of Brookstone Estates Division 9. Generally located at the north end of Lamar St. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential P (R-213) CURRENT LAND USE: agriculture PROJECT SIZE: ±12.16 acres VIEWS: Generally visible from the south 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: Residential; Single Family Residential (R-1) zone SOUTH: Residential; Bannock County Residential Suburban zone WEST: Vacant, Bannock County Residential Suburban zone Pre -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 PROCEDURES: 1. In accordance with City Code 17.12.030-050 and Resolution 2020-03, 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 April 12, 2022 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. 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: 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbucl<.us Pre -Plat Approval Form- FFCL 1. Conditions of Approval necessary to approve the Preliminary Plat are (if any): to Q C. 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 1. The City Council, pursuant to the aforementioned, finds that the request for a Preliminary Plat as herein described, shall be APPROVED. A�40290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUHBUCK www.CityofChubbuck.us 100IIO Pre -Plat Approval Form- FFCL 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 20 day of , 20 a2 . Kevin B. Englan , or ATTEST: ierk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 CHUBBUCK www.CityofChubbuck.us I o R H o EXISTING IRRI ) SS ) SID—) LEGEND & NOTES — PROPOSED BOUNDARY LINE — PROPOSED PROPERTY LINE — PROPOSED EASEMENT LINE — PROPOSED CENTER LINE SECTION LINE PROPOSED — _ _ _ COUNTOUR LINES WATER LINE IRRIGATION LINE / SEWER LINE / STORM LINE 0U UE / 0U UE UNDERGROUND / OVERHEAD POWER LINE G G— / G G G GAS LINE G T FO / T FO TELEPHONE / FIBER LINE CATV CATV / CATV CATV CABLE TV LINE / SIDEWALK / STANDARD CURB / RIBBON CURB / / • FIRE HYDRANT/ WATER VALVE m / m WATER METER / WATER SERVICE / o / IRRIGATION BOX/ IRRIGATION SERVICE O• O• SEWER MANHOLE �= m SEWER SERVICE O• / 9 / e S/ 9 / 9 STORM MANHOLE / STORM CATCH BASIN ® POWER POLE / POWER BOX GAS METER TELEPHONE BOX / FIBER OPTIC BOX f CABLE TV BOX NOTES 1. EXISTING ZONING: COUNTY RESIDENTIAL SUBURBAN 2. PROPOSED ZONING: R2P 3. TOTAL ACREAGE: 12.16 4. LOT SIZE DATA REQUIRED MINIMUM: 5,000 S.F. PROPOSED MINIMUM: 5,000 S.F. 5. SUBDIVISION STATS 57 TOTAL LOTS 57 RESIDENTIAL 6. GAS, POWER, CABLE TV ETC. TO BE PROVIDED 7. EASEMENTS ARE 15' (FT.) WIDE UNLESS OTHERWISE NOTED 8. "LOT 1, BLOCK 1 AND LOT 1, BLOCK 2 WILL BE RESTRICTED (R) TO PROHIBIT VEHICULAR ARCH B SCALE (12"x18") 1 INCH = 40 FEET 40 0 20 40 20 0 10 20 1 INCH = 20 FEET ARCH D SCALE (241'x3611) PRELIMINARY PLAT FOR: BROOKSTIONE ESTATES - DIVISION 12-14 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN, BANNOCK COUNTY, IDAHO DEVELOPER INFORMATION SS\ONAL F [DRAWN BROOKSTONE LLC �G%ST,- ADAMSON DANNIS ADDRESS 158S ' 58S. MAIN STREET O Q� POCATELLO IDAHO, 83201 (208) 251-7107 SHEET INFORMATION DIPESH GHIMIRE CHECKED BY BMS TEOFAP�� 22-001 DATE CREATED 02/04/22 LAST REVISED 02/24/22 QELLG R:\22\Adamson, Dannis\Brookstone Estates Divisions 12-14 - 22-003\DES\LAY TM . En fn m nn q eerssSu eyors sP/ r a es 6W East Oak Street Pocatello, /D 83201 (208) 234-0110 www.rmes.biz