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HomeMy WebLinkAboutCity of Chubbuck _ CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the City Council for public hearing pusuant to public notice as required by law, on June 14 , 1983, upon the application of the City_ of_.Chubbuck. (hereinafter referred to as "applicant" ) for a change in land use district for the real property described on Exhibit A hereto from R-2 or General Residential to C-2 or General Commercial , and the City Council having heard testimony from interested parties and being fully advised in the matter, now makes the following FINDINGS OF FACT 1. Applicant has applied for a zone change from R-2 to C-2 for the real property more particularly described on Exhibit A hereto. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned R-2 or General Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Commercial in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in the Comprehensive Plan in Sections B, B( 5) , B( 6) and B(8 ) and in Idaho Code Sections 67-6502 and 67-6508. 6. The existing neighboring land uses in the immediate are of this property are: To the north, undeveloped commercial property ; to the south, commercial sales ; to the east, Yellowstone Avenue; commercial sales ; to the west, irrigation canal; agricultural and residential property 7 . The requested change in land use district (Ii / ±i;=-414144-Ain conflict with the provisions of existing zoning regulations or the duly adopted Comprehensive Plan of the City of Chubbuck. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 1 Y 8 . The property in question ( is / ice) suitable for the proposed land use district, and such uses (would / ) be compatible with existing land uses in the area. 9. Owners of adjacent properties (fie / have not) expressed appromea--e€ the proposed change in land use district. "m J 1v 10. The requested zone change ( is / o-t) reasonable to provide orderly development of the City, and to promote economic values and (will / will l+o-t) be detrimental to the public health, safety, and welfare. 11. It ( is / int) in the best interests of the public that the proposed change in land use district be granted. 12. 13. BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck City Council hereby enters the following CONCLUSIONS OF LAW 1. The requirements of Idaho Code Section 67-6509(d) have been met. 2. The proposed change in land use district ( is / IsialliOt) reasonable and necessary to provide orderly development of the City, and to promote economic values, and is not inconsistent with or detrimental to the public health, safety, and welfare. 3. The proposed change in land use district ( is / le,oet) consistent with the provisions of the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code. 4 . The requested change in Land Use District (should / ter, ^^t) be granted. 5. 6. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 2 t,. t DECISION 1. The application for a change in land use district to designate the land described on Exhibit A as or (-fivERAL COM Mfg GIP L ( is / ) hereby granted. DATED this 6L/r1Fday of 4v/l:*E 1983' 471e0A6 Aie or, City of Chubbuck Motion by : (1,01(x_ , seconded by li 1PL i , to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Council Member Vote Kinghorn ;E Quick Hopkins %J > Nield `ti- • FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 3