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_
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of
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25' Access
easement I
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North Y4 Cor.
Sec. 3
See CP&F Inst. #21111672
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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'-
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x20.5'
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26.73'
C4
T1-1 Ri nr v T
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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)
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SURVEY
LOCATION
11
SIPHON ROAD NEWDAY
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VICINITY MAP
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-Public access
& utility
easement
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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
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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)
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Found 5/8" dia. rebar with aluminum cap
00
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stamped IS 13023"
6
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Nothing found or set
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Proposed Lot numbers
8'
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Subdivision boundary lines
P�" -, 'v
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Lot lines
—
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_
23.00'
_
23.00'
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—
o
—
Proposed easement lines
:
Public
access &
90 0
- - -
Section lines
utility
easement
N
10'
68.82' 10'
I
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—
—
Proposed access and utility easement lines
O Ln
N ti
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—
Existing easement lines as noted
w
CAN
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Adjacent deed lines
J
w
w Us w Lot 14
o
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x
Adjacent deed lines
V
68.87'
N
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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.