HomeMy WebLinkAboutGary Ratliff CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
ORDINANCE NO. 300
This matter having come before the City Council for public
hearing pursuant to public notice as required by law, on March
22, 1988, upon the application of Gary Ratliff (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 Partnership to I or Industrial, 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 I
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 I (Industrial) 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 requested change in land use district is not in.
conflict with the provisions of existing zoning regulations or
the duly adopted Comprehensive Plan of the City of Chubbuck.
7. The property in question is suitable for the 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.
9. The requested zone change is reasonable to provide
orderly development of the City, and to promote economic values
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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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.
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.
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 I.
DATED this 22nd .day of MARCH , 198 8.
/ . mar'
ohn O. Cotant, Jr. , Mayor
City of Chubbuck
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CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 300
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 NORTHEAST QUARTER, SECTION 10, TOWNSHIP 6
SOUTH, RANGE 34 E.B.M. , FROM LIMITED RESIDENTIAL (R-2)
TO INDUSTRIAL (I) ; DECLARING THAT THE CITY COUNCIL FINDS
THAT SUCH CHANGE IN LAND USE DISTRICT IS COMPATIBLE WITH
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
L/ boundaries of the City of Chubbuck, is hereby changed from
Limited Residential (R-2) to Industrial (I) :
A part of the Northeast Quarter , Northeast Quarter ,
Section 10 , Township 6 South , Range 34 East , Boise
Meridian, Bannock County, Idaho, more particularly
described as follows:
Beginning at the Northeast 1/16 corner of Section 10 ,
Township 6 South, Range 34 East of the Boise Meridian ,
thence North along the East 1/16 line of said Section
10 , a distance of 117.21 feet to the true point of
beginning; thence continuing North along said 1/16 line
250 feet; thence South 39°17' East 330. 32 feet , more or
less to the Westerly right of way line of the Union
Pacific Railroad; thence Southerly along said right of
way line 252 .98 feet; thence North 39°17 ' West, 362 . 6
feet, more or less to the True Point of Beginning .
Except the South 100 feet thereof. Also except that
portion if any lying within Burley Drive .
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