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Home My WebLink AboutKinport View Townhomes Preliminary Platzig�A_o CHUBBUCK 1 0 A H 0 CITY COUNCIL 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.GtyofChubbuck.us FINDINGS OF FACT & CONCLUSIONS OF LAW FOR A PRELIMINARY PLAT FOR KINPORT VIEW TOWNHOMES, APPROXIMATELY 2.19 ACRES LOCATED ON THE EAST SIDE OF PARK LAWN DRIVE WEST OF UNION PACIFIC RAILROAD TRACKS, GENERALLY LOCATED AT 5400 PARK LAWN DRIVE. FACTS REQUEST: The applicant proposes a 40 lot Preliminary Plat for 36 residential - attached building lots and 4 common lots in the Kinport View Townhomes subdivision. It includes extending access, water, sewer, and irrigation to the project. 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: Taylor Properties LLC 2348 Stace Street, Apt. 1 Idaho Falls, ID 83401 PROFESSIONAL SERVICES: A&E Engineering, Inc. P.O. Box 1327 Pocatello, ID 83204 LOCATION: NE 1/4 of Section 3, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Park Lawn Drive west of Union Pacific Railroad Tracks. Generally located at 5400 Park Lawn Drive. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Dense Residential (R-4) CURRENT LAND USE: Vacant PROJECT SIZE: }2.19 acres VIEWS: Generally visible from the west TOPOGRAPHY: Generally flat EXISTING STRUCTURES: None SURROUNDING LAND USES AND ZONING NORTH: Vacant; Dense Residential (R-4) zone EAST: Vacant; Dense Residential (R-4) zone SOUTH: Vacant; Dense Residential (R-4) zone WEST: Vacant; Dense Residential (R-4) zone RECENT TRAFFIC COUNTS: 2023: New Day Prkwy at Yellowstone Ave, 6644/day 2023: Yellowstone Ave at New Day Prkwy, 9329/day Pre -Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from Park Lawn Drive 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 17.12.030-050 and Resolution 2024-04, 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 22, 2025 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. 211,119111L Eelam 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: /46&�acN CHUBBUCKH a 1 0 290 E Linden Avenue, Chubbuck, 1D 83202 208.237.2430 www.0tyofChubbuck.us Pre -Plat Approval Form- FFCL 1. Conditions of Approval necessary to approve the Preliminary Plat are (if any): a. The final plat along with supporting documents be submitted in accordance with Title 17 of the Chubbuck Municipal Code. b. Irrigation booster pump fee of $3,421.00 per acre be collected with building permits in this development. 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. 2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: CHUBBUCK I a H H a 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Pre -Plat Aoprovol Form- FFCL 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. a'I~ APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this T day of Im 20 Kevin B. England, May laot_\ CHUBBUCK IDRIIO ATTEST: Jo o rs, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237, 2430 www.CityofChubbuck.us