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