Loading...
HomeMy WebLinkAboutItem #1 Kinport View Townhomes Final Plat/ao'�C\ CHUBBUCK 1 0 R H 0 Memo Public Works 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: April 2, 2026 Re: Final Plat for Kinport View Townhomes Applicant: Kyle Taylor 2348 Stace Street, Apt 1 Idaho Falls, ID 83401 Professional Services: A&E Engineering & Surveying 845 W. Center St. Pocatello, ID 83204 Application: Kinport View Townhomes, approximately 2.19 acres with 36 residential — attached building lots and 4 common lots. Located in the NE'/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. Existing Zoning: Dense Residential (R-4) Existing Land Use: Vacant Staff Report: The final plat for Kinport View Townhomes substantially conforms to the preliminary plat approved by the City Council on May 7, 2025. The final plat application has been reviewed by staff and meets the standards of Titles 16, 17, and 18 of City Code. Specifically: • 17.12.130: The final plat application was submitted within the twelve months validity period • 17.12.220: The Community Services Director has reviewed the final plat and finds that it 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 • 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 the Development services Division. o Irrigation booster pump fee of $3,421.00 per acres be collected with building permits in this development. o A successful execution of a development agreement. If staff and Developer are unable to reach a consensus of requirements for construction through the development agreement, staff will bring items of disagreement before the City Council for a final decision. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Kinport View Townhomes /944'C-\ CHUBBUCK 1AAAA 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us /6470-t-\ CHUBBUCK 1 0 0 H 0 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 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). 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: Kyle Taylor 2348 Stace Street, Apt. 1 Idaho Falls, ID 83401 PROFESSIONAL SERVICES: A&E Engineering, Inc. 845 W. Center St. 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 Final 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: In accordance with City Code 17.12.200 and Resolution 2024-04, 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. 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 May 7, 2025. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular Meeting of the City Council. 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. In accordance with City Code 17.12.230, the record was reviewed on April 15, 2026 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: 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: CHUBBUCK 1AAAA 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. Construction plans be approved by the Development Services Division. b. Irrigation booster pump fee of $3,421.00 per acre be collected with building permits in this development. c. A successful execution of a development agreement. If staff and Developer are unable to reach a consensus of requirements for construction through the development agreement, staff will bring items of disagreement before the City Council for a final decision. 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 intended for dedication to the public are not begun within a one year period from the date of 194�0t\ CHUBBUCK 1AAAA 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 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 /944'C-\ CHUBBUCK 1AAAA Rodney T. Burch, Mayor ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us 30' 15' 0 30' Scale 1"= 30' o_ � I of �00 o 25' Access easement I i � o ----- North Y4 Cor. Sec. 3 See CP&F Inst. #21111672 �J N C;4 O Lot 11 FINAL PLAT KINPORT VIEW TOWNHOMES A Subdivision Located in the NE Y4, Section 3, T6S, R34E, B.M., Bannock County, Idaho. A Replat of Lot 13, Block 2, Legacy Park Division 2 *BASIS OF BEARINGS S 89°36'44" E between the found ITD monument in a vault marking the North Y4 corner of Section 3, and the aluminum cap monument marking the Northwest corner of Section 3. NEW DAY PARKWAY_ _ (Old Siphon Road) N 8956'11" E 2650.75'(R -DC) N 89:56'01 " E 2650.87' (R -SE) S 893644" E 2650.75' (R-LP2)(R-LP1)(R-DP1) *S 89'3644" E 2650.76' 1567.83' --- --- 1567.82' (LP2) 111111101MI1 7 Northeast Cor. Sec. 3 See CP&F Inst. #22300404 - -_y - - - 1082.93' sting 15' wide public utility easement S8936'40"E405.80'(R-LP2) Public access & utility S 89036'54" E 405.73' easement _ — — — — 194.91_ 33.00' 23.00' 23.004'23.00' 23.00' 23.00' 36.00' 26.82 —� �—ry ---7—--E1---y See note 1 See note 1-\ Lot 13 Public access Legacy Park - Division 2 & utility Subdivision, Block 2 easement Inst. #22501801 2.19 acres 10'- C1 0' -C1 --r--See note 1 x20.5' JIU4 00 O O 00 — _L - 26.73' C4 T1-1 Ri nr v T 00 o 0 23.00' 23.00' 8.5' -& utility N 89'37'07" W 406.07' easement N 8936'21" W 406.08" (R-LP2) N 893621" W (R-LP1) N 89-56'11- E (R -DC) 00 L)o o®CA 00, O SURVEY LOCATION 11 SIPHON ROAD NEWDAY PAWAY 0 a � O w K z O 2 Z o a a o a a �j :r CHUBBUCK ROADJ��=� '� Y� Q O IL _J w r 1-86 VICINITY MAP (NTS) N l o l o I �o N -Public access & utility easement � I I Diamond Court Subdivision Lot 10 Block 1 Lot 9 Lot 8 I Lot 13 1 1 Inst. #96014662 / 1 M 333.83' (R-LP2) 333.83' Prepared for Taylor Properties, LLC Inst. #22501801, located in the NEY4, Section 3, T6S, R34E, B.M., Bannock County, Idaho. 1082.93' (LP2) LEGEN D o) I I Found Y2" dia rebar with yellow plastic cap, Found 5/8" dia. rebar with aluminum cap ® replaced with set 5/8" dia. rebar with aluminum cap stamped "PLS 23365" Set Y2" dia. rebar with pink plastic cap stamped IS 13023" 6 stamped "PLS 23365" CD 00 OO Found ITD monument in vault C0() N Found 5/8" dia. rebar with aluminum cap 327.26"(R-LP2) O "PLS 327.30' Nothing found or set stamped 19405" Found Y2" dia. rebar with yellow plastic cap stamped IS 13023" N l o l o I �o N -Public access & utility easement � I I Diamond Court Subdivision Lot 10 Block 1 Lot 9 Lot 8 I Lot 13 1 1 Inst. #96014662 / 1 M 333.83' (R-LP2) 333.83' Prepared for Taylor Properties, LLC Inst. #22501801, located in the NEY4, Section 3, T6S, R34E, B.M., Bannock County, Idaho. o) I I Found 5/8" dia. rebar with aluminum cap 00 0o stamped IS 13023" 6 0 I C0() N _ Cn L Nothing found or set O O (1)o o Proposed Lot numbers 8' I I O Subdivision boundary lines P�" -, 'v I m a Lot lines — _�0 _ 23.00' _ 23.00' �'� — o — Proposed easement lines : Public access & 90 0 - - - Section lines utility easement N 10' 68.82' 10' I I — — Proposed access and utility easement lines O Ln N ti I — Existing easement lines as noted w CAN N Adjacent deed lines J w w Us w Lot 14 o 0o ccn x Adjacent deed lines V 68.87' N `�= I Record bearing/distance from reference 10' W � (R---) rin�iimcn+c lic+ci-I in nn+c 1 N l o l o I �o N -Public access & utility easement � I I Diamond Court Subdivision Lot 10 Block 1 Lot 9 Lot 8 I Lot 13 1 1 Inst. #96014662 / 1 M 333.83' (R-LP2) 333.83' Prepared for Taylor Properties, LLC Inst. #22501801, located in the NEY4, Section 3, T6S, R34E, B.M., Bannock County, Idaho. DEVELOPMENT AGREEMENT The City of Chubbuck development agreement recorded as Inst. No. _—_----_—_-- are hereby made part of this plat. CITY OF CHUBBUCK The plat on which this certification appears is hereby approved by the City of Chubbuck, Idaho, this day of 20 Rodney Burch, Mayor Joey Bowers, City Clerk Bridger Morrison, PE, City Engineer COUNTY TREASURER'S CERTIFICATE Pursuant to 50-1308, Idaho code, I, Jennifer Clark do hereby certify that all county property taxes due on the property being subdivided, both delinquent and current, have been pain in full. Through Jennifer Clark, County Treasurer Date COUNTY RECORDER'S CERTIFICATE I, Jason Dixon, Certify that this Plat was filed for Record in the office of the Recorder of the County of Bannock, Idaho on this _ _ day of 20__, at _____M. at the request of _______________ and was duly Recorded in Record of Plats in Book _____—__ Page_____ ------- ----------------- Instrument No. ------------------------- Jason Dixon, County Recorder SANITARY RESTRICTIONS Sanitary restrictions as required by Idaho Code, Title 50, Chapter 13 have been satisfied. Sanitary restrictions may be reimposed, in accordance with Section 50-1326, Idaho Code, by the issuance of a certificate of disapproval. Sanitary restrictions are satisfied and lifted this —_ ----_—day of —_--_—_—_—, 20 IRRIGATION CERTIFICA 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. COUNTY SURVEYOR'S CERTIFICATE I, Stewart K. Ward Surveyor in and for Bannock County, Idaho, do hereby certify that I have checked this plat and computations 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—_—. Stewart K. Ward PLS 15295 CULINARY WATER All units in the Development are eligible to receive water from the existing City of Chubbuck municipal water system. FORT HALL IRRIGATION PROJECT ACCEPTANCE CERTIFICATE Fort Hall Irrigation Project has reviewed the plat and accepted the easements as shown. Fort Hall Irrigation Project Date FINAL PLAT KINPORT VIEW TOWNHOMES A Subdivision Located in the NE Y4, Section 3, T6S, R34E, B.M., Bannock County, Idaho. A Replat of Lot 13, Block 2, Legacy Park Division 2 OWNERS' CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that we, the undersigned owners of the tract of land described in the boundary description, have caused the same to be subdivided into a block and lots to be hereafter known as Kinport View Townhomes Subdivision. We, the owners, intend to include all of the land described in the boundary description in this plat. The location and dimensions of the block and lots are to be as shown on the accompanying map of the property. All streets, and all water, sewer and storm water detention facilities lying within the street rights—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 utilities, and for other public purposes, including, but not limited to, postal delivery boxes. No structures, other than those required for such public utility purposes, are to be erected or placed within said easements. All such areas are hereby conveyed or reserved to the public 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 successors 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 to the storm water detention facility unless such facility serves multiple properties as noted on the plat. This 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 execution 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. Kyle Taylor, Taylor Properties LLC (Managing Member) ACKNOWLEDGMENT State of County of On this day of . 20 Kyle Taylor identified to me to be a managing member in the Limited Liability company known as Taylor Properties LLC who executed the foregoing instrument and acknowledged to me that he executed the same LLC name. Notary public Notary for the State of Residing at: My commission expires: The purpose of this survey is to divide the lands described as Lot 13 or the Legacy Park — Division 2 Subdivision (Inst. #22501801) into 40 lots. The boundary of said Lot 13 was defined by found monuments set per said Inst. #22501801 and retraced by me with measurements shown on this plat, and accepted by me. Sectional control monuments were also tied and verified to said Lot. NOTES 1. Existing public access & utility easement shall be vacated and replaced with the public access and utility easements as shown on this plat. 2. All proposed lot bearings are parallel or perpendicular to the west line of subdivision unless shown otherwise. 3. Lots 37, 38, and 39 are common to the development, maintained by the HOA, are used for public utilities, and public access and are considered non—buildable. 4. Lot 40 is common to the development, maintained by the HOA, and is used for public utilities and public access. 5. The property located within the bounds of this plat is eligible to receive irrigation water though the Fort Hall Irrigation Project. The City of Chubbuck has been appointed agent for the irrigation rights for Legacy Park Division 2 recorded with Bannock County under Inst. #22501504. 110111F-11 [•]I Building Lots: 36 Common Area Lot: 4 Average Building Lot Size: 1,891 SF Total Acreage: 2.19 acres REFERENCE DOCUMENTS — Deed Instrument numbers on file at the Bannock County (R -D) Recorder's Office: 97009038, 98003443, 21305271, & 22501801. — Diamond Court Subdivision, completed in 1996, Inst. #96014662. (R -DC) — Record of Survey by Shurtliff Engineering, completed in 1999, Inst. (R -SE) #99008556. — Record of Survey by Dioptra, completed in 2022, Inst. #22204105. (R-DPl) — Legacy Park Subdivision. completed in 2022. Inst. #22215131. (R-LPl) — Record of Survey by Dioptra, completed in 2023, Inst. #22302545. (R-DP2) — Legacy Park — Division 2 Subdivision, completed in 2025, Inst. (R-LP2) #22501801. FLOOD ZONE Subdivision is located in zone 'Y' (cera of minimal flood hazard), per FEMA flood pannel 160009, dated 7/7/2009. :• a"Domilaviamiq A parcel of land located in the Northeast Y4 of Section 3, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, being more particularly described as follows: Lot 13, Block 2, of the Legacy Park — Division 2 Subdivision, according to the official plat recorded February 20, 2025, as Inst. #22501801. Said parcel containing 2.19 acres, more or less. SURVEYOR'S CERTIFICATE I, Wyatt Radke, PLS 23365 Idaho, hereby certify that this map correctly represents a survey made by me, in conformance with law(s), Chapter 19, Title 55, Idaho Code, at the request of Taylor Properties, LLC. Wyatt Rodke, PLS 23365 Curve Table Curve Delta Radius Arc Chord Bearing Chord C1 05°30'18" 33.50' 3.22' S 86°47'27" E 3.22' C2 24°29'42" 33.50' 14.32' S 71 °47'27" E 14.21' C3 30°00'00" 32.50' 17.02' S 74°32'36" E 16.82' C4 30°00'00" 13.50' 6.52' S 75°41'53" E 6.48' C5 90°00'00" 13.00' 20.42' N 45°27'24" E 18.38' Area Table Tangent Table Tangent 1 Bearing 2 Distance T1 S 89°32'36" E 1.87' T2 N 0°27'24" E 10.00' T3 N 0`27'24" E 10.00' T4 N 0°27'24" E 10.00' T5 N 0°27'24" E 10.00' T6 N 0°27'24" E 10.00' Area Table Lot # Lot Area (SF, U.N.0) 1 2,668 2 1,863 3 1,863 4 1,864 5 1,865 6 1,865 7 2,885 8 2,718 9 1,587 10 1,587 11 1,587 12 2,277 13 2,638 14 1,541 15 1,541 16 1,541 17 1,541 18 2,217 19 3,129 20 1,541 Area Table Lot # Lot Area (SF, U.N.O.) 21 1,541 22 2,211 23 2,220 24 1,541 25 1,541 26 1,541 27 2,205 28 2,220 29 1,541 30 1,541 31 2,211 32 2,281 33 1,582 34 1,582 35 1,583 36 2,254 37 (Common Owned) 1,600 38 (Common owned) 1,541 39 (Common Owned) 1,529 40 (Common Owned) 0.48 acres Total 2.19 acres Prepared for Taylor Properties, LLC Inst. #22501801, located in the NEY4, Section 3, T6S, R34E, B.M., Bannock County, Idaho.