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HomeMy WebLinkAboutLand Investments Inc. CHUBBUCK CITY COUNCIL Findings of Fact, Conclusions of Law and Decision This matter having come before the City Council for public hearing pursuant to public notice as required by law, on June 14 , 1983, upon the application of Land Investments, Inc. (hereinafter referred to as "applicant" ) and upon motion of the City Council regarding change in the designation in the City' s Comprehensive Plan of the property described on Exhibit "A" hereto from R-1 or General Residential to R-2 or Limited Residential and C-1 or Limited Commercial , and for a change in the Land Use District for the real property described on Exhibit "A" from A or Agricultural to R-2 or General Residential and C-1 or Limited 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 change in the Comprehensive Plan' s designation of the property more particularly described on Exhibit "A" from R-1 to R-2 and C-1 and for a zone change from A to R-2 and C-1 for the same real property. 2 . All legal requirements for notice of public hearing have been met. 3. The City Council , because of the similarity of issues involved in the public hearings, have jointly considered the applicant' s request for a change in the Comprehensive Plan 's designation and for a rezone of the property described on Exhibit "A" . 4. The property in question is currently designated as Limited Residential in the duly-adopted Comprehensive Plan of the City of Chubbuck. 5 . The property in question is zoned A or Agricultural pursuant to the Land Use Ordinance of the City of Chubbuck. X jm G-26 - Page 1 6. The 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(a) , and in Idaho Code Section 67-6502 and Section 67-6508 . 7 . Existing neighboring land uses in the immediate area of this property are as follows: a) To the North, Chubbuck Road and single family dwellings. b) To the South , single family residences. c) To the East, single family residences. d) To the West, Hiline Road; mobile home parks; and single family residences. 8 . The requested change in land use district from Agricultural to General Residential and Limited Commercial is not in conflict with the provisions of the existing zoning regulations , but would conflict with the provisions of the duly-adopted Comprehensive Plan of the City of Chubbuck. 9 . Applicant has requested two different designations for the property described on Exhibit "A" . Applicant requests that the property to the east of the Hiline Canal be designated in the Land Use Ordinance and the Comprehensive Plan as R-2 or General Residential . Applicant requests that the property to the west of the Hiline Canal be designated in the Comprehensive Plan and the Land Use Ordinance as C-1 or Limited Commercial . 10. The property to the west of the Hiline Canal is suitable for designation as a Limited Commercial District and such uses would be compatible with existing land uses in the area. However, the property to the east of Hiline Canal is not suitable for designation as a General Residential district, and such uses would not be compatible with the existing land uses in the area, which are almost exclusively devoted to single family residences. 11 . Owners of the adjacent properties have expressed their opposition to the proposed change of the property to the east of Hiline Canal to Residential , but have expressed their approval of the proposed Limited Commercial designation of the property to the west of the Hiline Canal . The requested designation of the property to the west of Hiline Canal as Limited Commercial is reasonable to provide orderly development of the City, and to promote economic values, and will not be detrimental to the public health, safety and welfare. However, the requested jm G-26 - Page 2 designation of the property to the east of Hiline Canal as General Residential would not provide for the orderly development of the City, would not promote economic values, and would he detrimental to the public interest . 12. It is in the best interest of the public that the proposed designation of the property to the east of Hiline Canal as General Residential be denied, and that the proposed designation of the land to the west of Hiline Canal as Limited Commercial be granted. 13. At the time of the City Council ' s original consideration of the proper designation of this area in the Comprehensive Plan, the property was surrounded by single family residences. The Land Use and Development Commission and the City Council determined that the Agricultural designation of the property should be maintained but that the Comprehensive Plan should call for the future redesignation of the property as Limited Residential . Since the time of that designation, there have been no changes in the general use patterns in this area which would justify any change in the designation, at least as to that property which lies to the east of Hiline Canal. However, the economic development of Hiline Road has indicated that a Limited Commercial development along Hiline Road would be consistent with the recent patterns of development in that area. 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. Proposed change in Land Use District as to the property to the west of Hiline Canal is 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. The proposed change in Land Use District as to the property to the east of Hiline Canal is not reasonable , would not provide for orderly development of the City, would diminish economic values , and is not consistent with the interests of the community and the public health, safety and welfare. 3. The proposed change in designation by the Comprehensive Plan and the proposed change in Land Use District, as it applies to the area lying to the west of Hiline Canal is consistent with jm G-26 - Page 3 • a • . • the general provisions of the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the local Planning Act of 1975. The proposed change in designation by the Comprehensive Plan and the proposed change in Land Use District, as it applies to the area lying to the east of Hiline Canal is not consistent with the general provisions of the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the local Planning Act of 1975. 4 . The granting of the requested change in the designation and zoning of the property to the east of Hiline Canal would have a negative impact on the economic values of the property in the surrounding area. 5. The requested change in Land Use District and Designation in the Comprehensive Plan as to the property to the east of Hiline Canal should not be granted and the requested change in Land Use District and Comprehensive Plan Designation with regard to the property line to the west of Hiline Canal should be granted. Decision .., 1 . The application for a redesignation in the Comprehensive Plan and the Land Use Ordinance for the property to the west of Hiline Canal is hereby granted, and the application for a redesignation in the Comprehensive Plan and the Land Use Ordinance for the property to the east of Hiline Canal is denied. 1-7 DATED this /2 day of at , 1983. h/ I ' AYOR, CITY OF CHUBBUCK Motion by Quick, seconded by Kinghorn, to adopt the foregoing , Findings of Fact, Conclusions of Law, and Decision. , .., jm G-26 - Page 4 4. ROLL CALL: VOTE: A.,. at,4,,- 4,,4.4 Yes Kinghorn 4764 -A2) :),,;" Yes Quick , Yes Hopkins ,. Yes Yes N eld U jm G-26 - Page 5