HomeMy WebLinkAboutOrdinance 303 CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
ORDINANCE 303
This matter having come before the City Council for public
hearing pursuant to public notice as required by law, on April
26 , 1988 , upon an application for a change in land use district
for the real property described on Exhibit A hereto from A or
Agricultural 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 A to R-1
for the real property more particularly described see ordinance.
2 . All legal requirements for notice of public hearing have
been met.
3 . The property in question is zoned A or Agricultural
pursuant to the Land Use Ordinance of the City of Chubbuck.
4 . The property is designated as R-1 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 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 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.
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.
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EXHIBIT A
A PARCEL OF LAND LOCATED IN THE NE1/4 NW1/4 OF SECTION 11, T.6S. ,
R.34E. , B.M. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 11, A FOUND RAILROAD
SPIKE-INSTR# 595182; THENCE 589"54'10"E ALONG THE NORTH LINE OF
SECTION 11, 1738.41 FEET TO AN INTERSECTION WITH THE EASTERLY
RIGHT OF WAY LINE OF RAMSGATE DRIVE EXTENDED AS SHOWN ON THE
CHATTERTON SUBDIVISION PLAT, INSTR# 569145; THENCE, SOO"03'50"W
ALONG SAID RIGHT OF WAY 299.00 FEET TO THE SOUTH LINE OF THE MARK
BUNCE PROPERTY AND THE TRUE POINT OF BEGINNING: THENCE,
589'54'10"E PARALLEL TO THE NORTH LINE OF SECTION 11, 159.36 FEET
TO AN INTERSECTION WITH THE WEST LINE OF MOUNTLAKE TERRACE
SUBDIVISION, INSTR# 506394; THENCE, 500`02'18"E ALONG SAID WEST
LINE 455.02 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION, A
FOUND 1/2" STEEL ROD; THENCE S89'54'18"E ALONG THE SOUTH LINE OF
MOUNTLAKE TERRACE SUBDIVISION, 159.37 TO THE WESTERLY RIGHT OF
WAY LINE OF CHATEAU STREET AS SHOWN ON MOUNTAIN PARK SUBDIVISION
PLAT, INSTR# 607802; THENCE S00-04'00"W ALONG SAID RIGHT OF WAY
�-/ 262.10 FEET TO THE NORTHERLY LINE OF MOUNTAIN PARK SUBDIVISION;
THENCE N89'56'00"W ALONG SAID LINE 244.88 FEET; THENCE,
CONTINUING N89-56'00" 499.98 FEET TO A FOUND 1/2" STEEL ROD-LS
968 AND AN INTERSECTION WITH THE EASTERLY LINE OF HILINE HEIGHTS
SUBDIVISION, INSTR# 756062; THENCE, N00`06'16"E ALONG SAID
BOUNDARY 429.39 FEET TO THE SOUTHWEST CORNER OF CHATTERTON
SUBDIVISION, A FOUND 5/8" STEEL ROD-LS 4563; THENCE, S89`57'15"E
ALONG THE SOUTH LINE OF SAID SUBDIVISION 425.02 FEET TO THE
SOUTHEAST CORNER OF CHATTERTON SUBDIVISION AND THE EASTERLY RIGHT
OF WAY LINE OF RAMSGATE DRIVE MARKED BY A 5/8" STEEL ROD; THENCE,
NOO.03'50"E ALONG SAID RIGHT OF WAY, 287.75 FEET TO THE TRUE
POINT OF BEGINNING.
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10 . It is in the best interests of the public that the
proposed change in land use district be granted.
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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, mad 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-1.
DATED this 26th day of APRIL , 1988.
1 / IAr /
Ie,
4 .1in 0. Cotant, Jr. , ayor
City of Chubbuck
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