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Home My WebLink AboutCasa Del Tree Valley Final PlatCHUBBUCK IDAHO 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 CASA DEL TREE VALLEY SUBDIVISION, APPROXIMATELY 4.47 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 final plat for 5 residential building lots and 1 lot being dedicated as street right-of-way for Tree Valley Road in the Casa Del Tree Valley Subdivision. It includes improving the full width 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). 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: Roy Flores 2377 Legacy Drive Pocatello, ID 83201 PROFESSIONAL SERVICES: MBQ Engineering / Avyant 161 Jefferson Ave. Pocatello, ID 83201 LOCATION: SW 1/4 of 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: Single Family Residential (R-1) CURRENT LAND USE: Single Family Residential/Vacant PROJECT SIZE: ±4.47 acres VIEWS: Generally visible from the west TOPOGRAPHY: Sloping to the south EXISTING STRUCTURES: 1 house, 1 garage w/loft, multiple outbuildings RECENT TRAFFIC COUNTS: 2020: E. Chubbuck Rd at Hiline Rd, 7858/day 2021: Hiline Rd at E. Chubbuck Rd, 4186/day Final Plat Approval Form- FFCL 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 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 17.12.200 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. 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 October 16, 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 May 7, 2025 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. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 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: 1. Conditions of Approval necessary to approve the Final Plat are (if any): a. Construction plans drawings be approved by Development Services Division. b. A successful execution of a development agreement. If staff and developer are unable to reach a consensus of the requirements for construction through the development agreement, staff will bring items of disagreement before the City Council for a final decision. c. The structure on lot 1, block 1 labeled garage on the preliminary plat has a loft in the tOR 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. d. 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 disRosal of water being flushed during routine maintenance. e. The owner construct the full width roadway local street section from Garden Drive to the north boundary line of the Casa Del Tree Valley Subdivision with the City reimbursing payment for the west half of the road along the Casa Del Tree Valley Subdivision frontage and the full width of Tree Valley Road from Garden Drive to the south boundary line of Casa Del Tree Valley Subdivision. 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. CHUBBUCK IORHO 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Final Plat Approval Form- FFCL 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 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. 4, APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of , 20 laa�4- L CHUBBUCK 1 0 ..{. & -ij Kevin B. England, Mayor ATTEST: ers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 208.23 7.2430 www.CityofChubbuck.us