HomeMy WebLinkAboutCasa Del Tree Valley Preliminary Platlao�-e\
CHUBBUCK
I H 111 H 0
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
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FOR A
PRELIMINARY PLAT FOR CASA DEL TREE VALLEY SUBDIVISION,
APPROXIMATELY 4.46 ACRES LOCATED ON THE EAST SIDE OF TREE VALLEY
ROAD NORTH OF GARDEN DRIVE. GENERALLY LOCATED AT 5110 TREE VALLEY
ROAD.
FACTS
REQUEST: The applicant proposes a 5 lot preliminary plat for 5 residential building lots in the Casa Del Tree
Valley Subdivision. It includes improving the east half of Tree Valley Road and providing access from Tree
Valley Road and extending water and sewer services to each lot.
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:
Roy Flores
2377 Legacy Drive
Pocatello, I D 83201
PROFESSIONAL SERVICES:
Avyant
161 Jefferson Ave.
Pocatello, ID 83201
LOCATION: Section 2, Township 6 South, Range 34 East, of the Boise Meridian, on the east side of Tree
Valley Road west of Garden Drive. Generally located at 5110 Tree Valley Road.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Agriculture (A)
CURRENT LAND USE: Single Family Residential/Vacant
PROJECT SIZE: ±4.46 acres
VIEWS: Generally visible from the west
TOPOGRAPHY: Sloping to the south
EXISTING STRUCTURES: 1 house, 1 garage w/loft,
multiple outbuildings
SURROUNDING LAND USES AND ZONING
NORTH: Agriculture; General Commercial (C-2) zone
EAST: Residential; Single Family Residential (R-1) zone
SOUTH: Residential; Single Family Residential (R-1) zone
WEST: Residential; Single Family Residential (R-1) zone
RECENT TRAFFIC COUNTS:
2020: E. Chubbuck Rd at Hiline Rd, 7858/day
2021: Hiline Rd at E. Chubbuck Rd, 4186/day
Pre -Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current access from Tree Valley Road.
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: None
PROCEDURES:
1. In accordance with City Code 17.12.030-050 and Resolution 2023-09, 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 October 8, 2024 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.
CHUBBUCK
1ORHa
290 E Linden Avenue, Chubbuck, 1D 83202
208.237.2430
www.CityofChubbuck.us
Pre -Plat Approval Form- FFCL
FINTHNC;S
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:
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. The structure on lot 1, block 1 labeled garage has a loft in the top and _will _need to
meet all of the requirements of Chubbuck Municipal Code Section 18.10 Accessory
Dwelling Units prior to recording of the plat, or the structure must be platted on an
individual lot.
c. The owner work with the Chubbuck Public Works Department to develop an
acceptable operation and maintenance agreement for the City to maintain the new
fire hydrant being stubbed into the subdivision and provide a location for disposal of
water being flushed during routine maintenance.
d. The owner construct the east half of Tree Valley Road or provide cash in lieu for the
future construction of the east half of Tree Valley Road as directed by the City.
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.
CHUBBUCK
I R R H O
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2130
www.GtyafChubbuck.us
Pre -Plat Approval Form- FFCL
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:
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 0 day
Of
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CHUBBUCKH a
I a
Kevin B. England, Ma
ATTEST:
J Owers, Clerk
290 E Linden Avenue, Chubbuck, 1D 83202
208.237.2430
www.CityofChubbuck.us