HomeMy WebLinkAboutItem #3 Casa Del Tree Valley/ao'�C\
CHUBBUCK
1 0 R H 0
Memo
Community Services 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 21, 2025
Re: Final Plat for Casa Del Tree Valley Subdivision
Applicant:
Professional Services
Roy Flores
2377 Legacy Drive
Pocatello, ID 83201
MBQ Engineering / Avyant
161 Jefferson Ave.
Pocatello, ID 83201
Application: Casa Del Tree Valley Subdivision, approximately 4.47 acres with
5 residential building lots and 1 lot being dedicated for street
right-of-way. Located in the SW'/4 of Section 2, Township 6
South, Range 34 East, of the Boise Meridian, on the east side of
Tree Valley Road north of Garden Drive. Generally located at
5110 Tree Valley Road.
Existing Zoning: Single Family Residential (R-1)
Existing Land Use: Single Family Residential /Vacant
Staff Report: The final plat for Casa Del Tree Valley Subdivision substantially conforms to
the preliminary plat approved by the City Council on October 16, 2024. The final plat
application has been reviewed by staff and appears to meet 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 is 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
• 18.08.042:
o Lots meet minimum lot standards in the Single Family Residential (R-1) zone
• 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/drawings be approved by Development Services Division.
o 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.
o The structure on lot 1, block 1 labeled garage on the preliminary plat 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.
o 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.
o 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.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Final Plat for Casa Del Tree Valley Subdivision
/944'C-\
CHUBBUCK
I D A H D
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 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:
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 October 16, 2024.
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 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
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
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.
194�0t\
CHUBBUCK
I D A H D
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
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.
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 disposal 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
I D A H D
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.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day
of , 20
/94�4c\
CHUBBUCK
I D A H D
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
Monumented Basis of Bearing
N 89°45'49" W 1318.92'
(TV -S 88°3351 " E 1318.95)
(R1 -S 89°4333" E 1318.91) Terraventure Development LTD (R1 -S 89°4555" E 1318.85)
(TV -S 88'36'43" E 330.00) Instr. #20815317
2 S 89°43:51 1318.90' S 89°41'10" E_ 330.11' N 89'45'49" W
3 West 1/4 Cor. Sec. 2 West 1/16 Cor. On I T.P.O.B. 37.51 I 148.43'
Found 2" Aluminum Cap Centerline of Sec. 2 I 1
RMES PELS 2341 Found 2" Aluminum Cap 10.0 ' 1
Per CP&F #20520359 RMES PELS 2341 Per 1
CP&F #21914717 I I 1
SUBDIVISION BOUNDARY DESCRIPTIONI - 15.00'
Lillian Thomas 1
Part of Section 2, Township 6 South, Range 34 East Boise Meridian, Instr. #20815317
Bannock County, Idaho, more particularly described as; 1
27.50'
Commencing at the West 1/16 corner of Section 2, Township 6
South, Range 34 East and running thence S 89°45'49" E 330.11 feet I ZCD
along the Latitudinal Centerline of said Section 2 to the northwest I o a'
corner of a parcel described in Deed Instr. #22311177 said point w C;1I cl
being the True Point of Beginning; I J (C� I Lot 3
±0.89 Acres
Thence continuing S 89°45'49" E 329.13 feet, along said Latitudinal
Centerline of Section 2 to the northwest corner of Bunce Subdivision ::E I
Phase 3 Instr. #575376;
Thence S 00°58'40" E 591.31 feet, along west line of said I J 1
Subdivision to the northeast corner of Jensens Cove Subdivision
Instr. #21800360; I -1 37.50' 1
Jeffery Torres 1
Thence N 89°45'26" W 328.92 feet, along north line of said Jensen's Instr. #22214143
Cove Subdivision to the east line of Beech Subdivision Instr. I 1 Easement Utility L6
#97000004; I * -
Thence N 00°59'51"W 591.28 feet, along the east line of said Beech I I Lot 6 JI
Subdivision to the Point of Beginning. ±0.51 Ac e3 Access and
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Parcel contains ±4.47 acres cid o
N 89°00'09" E 148.40'
-- L8---
30.00'
Lot 2
±0.49 Acres
Found 1 Rebar Per
Bunce Subdivision
28.96' Instr. #575376
143.02'
Lot 4
±0.85 Acres
Block
N 89°00'09" E 142.89'
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for persons using such premises until sanitary restriction requirements Easement
are satisfied.
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John Perkins 1500'
Instr. #20225279 I S 89°00'09" W 148.40'
Southeastern Idaho Public Health
Environmental Health Specialist
RESTRICTIVE COVENANTS
The articles of protective covenants recorded
as Instr. # are hereby made a part
of this plat.
BEARING
Date I
DISTANCE
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10.96'
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12.72'
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45°59'58"
COUNTY TREASURER'S CERTIFICATEo
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Pursuant to 50-1308 Idaho Code: I do hereby Y certif that all
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county property taxes due, both delinquent and current have been
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paid on the property described in the shown legal description
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21.21'
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101.37'
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Ivan Williams
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89°00'09"
Instr. #21919468
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90°00'00"
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81.87'
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County Treasurer - Jennifer Clark Date
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90°00'00"
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HEALTH DEPARTMENT CERTIFICATE
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Sanitary restrictions as required by Idaho Code, Title 50, Chapter 13
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are in force. No owner shall construct any building, dwelling or
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N 89°00'09" E 148.40'
-- L8---
30.00'
Lot 2
±0.49 Acres
Found 1 Rebar Per
Bunce Subdivision
28.96' Instr. #575376
143.02'
Lot 4
±0.85 Acres
Block
N 89°00'09" E 142.89'
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for persons using such premises until sanitary restriction requirements Easement
are satisfied.
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John Perkins 1500'
Instr. #20225279 I S 89°00'09" W 148.40'
Southeastern Idaho Public Health
Environmental Health Specialist
RESTRICTIVE COVENANTS
The articles of protective covenants recorded
as Instr. # are hereby made a part
of this plat.
25' Publ'c Util't I m
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Easement Per I z I L1
Instr. #21704077 I 0 1
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(BS -N 89-452J- W 659.44)
N 89°43'58" W _ 659.68'
LINE
BEARING
Date I
DISTANCE
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10.96'
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12.72'
25' Publ'c Util't I m
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Easement Per I z I L1
Instr. #21704077 I 0 1
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Cn I Lot 1
(BS -N 89-452J- W 659.44)
N 89°43'58" W _ 659.68'
LINE
BEARING
DISTANCE
L1
S
89°00'09"
W
10.96'
L2
N
89°45'26"
W
12.72'
L3
S
45°59'58"
E
21.21'
L4
S
89°00'09"
W
101.37'
L5
S
00°59'51 "
E
18.49'
L6
S
89°00'09"
W
20.00'
L7
S
44°00'09"
W
21.21'
L8
S
89°00'09"
W
101.37'
L9
N
00°59'51 "
W
18.16'
L10
S
89°00'09"
W
20.00'
L11
N
90°00'00"
W
81.87'
L12
N
00°00'00"
W
31.00'
L13
N
90°00'00"
E
51.33'
L14
S
00°59'51 "
E
31.00'
L15
N
89°45'26"
W
5.50'
Lot 5
±1.08 Acres
COUNTY EXAMINING SURVEYOR'S CERTIFICATE
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I, Matthew S. Baker, an Examining Surveyor in and for Bannock
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Lot 1
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County do hereby certify that I have checked this plat and
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Maintenance Easement
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computations shown hereon and have determined that the
Desiree Eliasen
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For Storm Water Pond
requirements of Idaho Code 50-1305 have been met, I approve
Instr. #21714884
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the same for filing this day of 2025.
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Matthew S. Baker PLS# 13023
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CULINARY WATER
This subdivision is eligible to receive water from
the City of Chubbuck municipal systems.
IRRIGATION CERTIFICATE
Lands within this plat are not entitled to irrigation water supplied
by Fort Hall Irrigation Project, nor any other irrigation district, and
the requirements of I.C. 31 -3805 are not applicable.
DEVELOPMENT AGREEMENT
The City of Chubbuck Development Agreement
recorded as Instr. # are hereby made
a part of this plat.
COUNTY RECORDERS CERTIFICATE
24.96' L I 130.52' 23.38' 131.84'
15.00' S 89°45'26" E 328.92'
33.00' (JC -S 89.4559" E 328.96)
II
Lot 3 Lot 2 Jensen's Cove Lot 1
Instr. #21800360
I Existing 15' Public
Utility Easement
Per Instr. #21800360
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CASA DEL TREE
Center 1/4 Cor. Sec. 2
Found 2"
,MES PELS12341um Cap VALLEY SUBDIVISION
Per CP&F #
2 LOCATED IN NE 1/4 OF THE SW 1/4 SECTION 2,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN, IN THE COUNTY OF BANNOCK.
OWNER'S CERTIFICATE
Know all men by these presents that I, Roy Flores, the
undersigned owner of the tract of land described in the Boundary
Description, have caused the same to be subdivided into Block
and Lots to hereafter be known as Casa Del Tree Valley
Subdivision. It is my intention, the undersigned owner, to include
all the land described in the Boundary Description on 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, 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 use for 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. 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
successor's 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 facilities 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 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.
In witness whereof I, the owner, do here unto set my hand
!--t- Roy Flores
ACKNOWLEDGEMENT
STATE OF IDAHO )
Lot COUNTY OF BANNOCK )SS
CA I On this day of 2025, before me, a Notary
Public in and for the State of Idaho, personally appeared, Ray
D I Flores, known or identified to me, to be the persons whose
names are subscribed to the within instrument, and acknowledged
to me that they executed the some. In witness whereof, I have
hereunto set my hand and affixed my notarial seal the day and
year in the certificate first above written.
Bunce Subdivision Phase II
Instr. #553394
Lot 4
Block 7
CURVE IRADIUS ARC LENGTH ICHORD LENGTH ICHORD BEARING I DELTA ANGLE
C1 28.00' 26.99' 25.96' IS 26°36'59" W 55°13'41"
SURVEY NARRATIVE C2 28.00' 26.99' 25.96' IN 28°36'42" W 55°10'35"
1.) The purpose of survey is to establish the boundary of the parcel described in Deed Instr.
#22311177 and create 5 individual Lots.
2.) The south line of the subdivision boundary was determined by found monuments per Jensen's
Cove Instr. #21718701.
3.) The east line was determined by a line between the found northeast corner of said Jensen's Cove
and a 1" rebar. The 1" rebar does not match the monument description from Bunce Subdivision
Phase III Instr. #575376. The measured bearing and distance are well within accepted tolerance. It has
also been accepted as the Northwest corner of Bunce Subdivision on the Jensen's Cove plat.
4.) The north line was determined to be the centerline of Section 2.
5.) The west line is a line between the found northeast corner of Tree Valley Subdivision and the
northwest corner of Jensen's Cove.
6.) Lot 6 is dedicated to the public as Right -of -Way of Tree Valley Road.
7.) All Lots are located in Flood Zone "X" per panel FIRM 16005CO237D.
BASIS OF BEARING
CITY OF CHUBBUCK
The plat on which this certification appears is hereby
approved by the City of Chubbuck, Idaho this day
of , 2025.
ayor pity Engineer
City Clerk
SURVEYORS CERTIFICATE
I, Stewart K. Ward, a Licensed Professional Land Surveyor in
the state of Idaho do hereby certify that a survey was made
under my direction of the premises described in the boundary
description and shown on this plat upon which this certification
appears. I further certify that this plat was prepared under
my direction and that the monumentation shown conforms with
that set on the ground and that the pertinent statutes of the
State of Idaho, together with all local ordinances have been
complied with.
Basis of bearing per Idaho State Plane
Coordinate System - East Zone. GPS
observation combination factor: 1.0002579939
Origin:Lat: N 42°55'40.02279"
Long: W112°27'59.13559"
Height: 4458.102 ft
All distances are US Survey Feet.
Stewart K. Ward PLS# 15295 Date
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0 50 100
LEGEND
Subdivision Boundary
Lot Lines
X Fence Lines
Adjoining Parcels
- - - - - - - - - Proposed Easements
Existing Easements
• • Section Line
Road Centerline
Set 1/2" Rebar w/ Plastic
Cap PLS 15295
Found 5/8" Rebar w/ Aluminum
O
0 Cap PLS 15295 per Jensen's
Cove Instr. #21718701
O Found 1/2" Rebar w/
Plastic Cap PLS 15295
0 Found 5/8" Rebar No Cap
Per Tree Valley Subdivision
Instr. #98019337
❑ Found 1" Rebar per Bunce
Subdivision Phase II
Instr. #553394
(R1-) Record Bearing and Distance
per ROS Instr. #20900258
PC-) Record Bearing and Distance
per Jensen's Cove Subdivision
Plat Instr. #21718701
(BS-) Record Bearing and Distance
per Bunce Subdivision Phase III
Plat Instr. #575376
(N_) Record Bearing and Distance
per Tree Valley Subdivision Plat
Instr. #98019337
VICINITY MAP
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