HomeMy WebLinkAboutJohn O. Cotant Jr. •
CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
ORDINANCE NO. 304
This matter having come before the City Council for public
hearing pursuant to public notice as required by law, on April
26 , 1988 , upon the application of John O. Cotant, Jr.
(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 Limited Residential to R-1 or Single Family Residential,
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 R-1
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 Limited
Residential pursuant to the Land Use Ordinance of the City of
Chubbuck.
4. The property is designated as R-2 in the duly adopted
Comprehensive Plan of the City of Chubbuck; however, applicant
proposes said plan be changed to provide for this.
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 requested change in land use district is in conflict
with the provisions of existing zoning regulations or the duly
adopted Comprehensive Plan of the City of Chubbuck, unless said
plan is changed.
7 . The property in question is suitable for the proposed
land use district, and such uses would be compatible with
existing land uses in the area.
8 . Owners of adjacent properties have expressed approval of
the proposed change in land use district.
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9. The requested zone change 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.
10 . It is in the best interests of the public that the
proposed change in land use district be granted.
11 . The area correctly conforms to and has developed as an
R-1 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 . The proposed change in land use district 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.
3 . The proposed change in land use district is 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, as
modified.
4 . The requested change in Land Use District should be
granted.
DECISION
Upon motion, made and, seconded, the City Council, by
majority vote grants the application for a change in land use
district to designate the land described on Exhibit A as R-l.
DATED this 26th day of APRIL , 1988.
*ohn 0. Cotant, ayor
City of Chubbuck
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CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 304
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING
FOR CHANGE OF LAND USE DISTRICT WITH RESPECT TO CERTAIN
LANDS WITHIN THE BOUNDARIES OF THE CITY OF CHUBBUCK
LOCATED IN THE SOUTHEAST QUARTER, SECTION 4, TOWNSHIP 6
SOUTH, RANGE 34 E.B.M. , FROM LIMITED RESIDENTIAL (R-2)
TO SINGLE-FAMILY RESIDENTIAL (R-1) ; PROVIDING FOR
CHANGES IN THE LAND USE PATTERN PRESCRIBED IN THE CITY' S
COMPREHENSIVE PLAN; DECLARING THAT THE CITY COUNCIL
FINDS THAT SUCH CHANGE IN LAND USE DISTRICT IS
COMPATIBLE WITH THE ALTERATIONS MADE IN THE LAND USE
PATTERN PRESCRIBED BY THE CITY' S COMPREHENSIVE PLAN; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1. Change of Land Use District. The land use
district established by the Chubbuck Land Use Ordinance , with
respect to the lands described below, located within the
boundaries of the City of Chubbuck , is hereby changed from
Limited Residential (R-2) to Single-Family Residential (R-1) :
All of Neider Subdivision 1st Addition and Neider
Subdivision 2nd Addition except for an expanse of land
in each one lot (not more than 150 feet deep) running
parallel to West Chubbuck Road and parallel to Hawthorne
Road , which land shall remain Limited Residential (R-2) .
SECTION 2. Change of Comprehensive Plan. Following full
public hearings, the Mayor and Council find , and therefore
declare, that the land use pattern prescribed by the City' s
Comprehensive Plan for the above-described property, should be ,
and hereby is, changed from Limited Residential to Single-Family
Residential .
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