HomeMy WebLinkAboutAmerican Heritage Inc CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
ORDINANCE NO. 330
This matter having come before the City Council for public
hearing pursuant to public notice as required by law, on February
13 , 1990, upon the application of American Heritage, Inc. ,
(hereinafter referred to as "applicant" ) for a change in land use
district for the real property described as follows:
See Exhibit "A"
Also to be known as Heritage West No. 2, a subdivision of
Bannock County, Idaho.
hereto to R-1 or Single Family Residential , upon requested
annexation, 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 designation of R-1 ,
Single Family Residential for the real property more particularly
described above.
2 . All legal requirements for notice of public hearing have
been met.
3 . The property is designated as R-1 in the duly adopted
Comprehensive Plan of the City of Chubbuck.
4. 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.
5 . The property in question is suitable for the proposed
land use district, and such uses wquld be compatible with
existing land uses in the area.
6. Owners of adjacent properties have not expressed
disapproval of the proposed change in land use district.
7. The requested zone 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.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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8 . It is in the best interests of the public that the land
use designation of R-1 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 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 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 Land Use District designation should be
granted.
\-/ DECISION
Upon motion, made and, seconded, the City Council , by
majority vote grants the application for a land use district
designation of R-1, upon annexation of the land described.
DATED this 13thday of MARCH , 1990.
- A,
/
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John O. otant, Mayor
City of Chubbuck
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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HERITAGE WEST NO . 2
( Area to Annexed into the City of Chubbuck )
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 4 ,
TOWNSHIP 6 SOUTH , RANGE 34 EAST , BOISE MERIDIAN , DESCRIBED
AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SECTION
4 , TOWNSHIP 6 SOUTH , RANGE 34 EAST , BOISE MERIDIAN ; THENCE
SOUTH 89°51 ' 04" EAST FOR A DISTANCE OF 1323 .03 FEET TO THE
WEST 1/16TH CORNER ON THE SOUTH LINE OF SECTION 4 ; THENCE
CONTINUING SOUTH 89°51 ' 04" EAST FOR A DISTANCE OF 7 . 00
FEET TO THE SOUTHWEST CORNER OF HERITAGE WEST NO . 1 , A
SUBDIVISION RECORDED IN BANNOCK COUNTY AS INSTRUMENT 650187 ;
THENCE NORTH 00°24 ' 38" WEST FOR A DISTANCE OF 945 . 75 -FEET
TO THE NORTHWEST CORNER OF LOT 1 BLOCK 6 , HERITAGE WEST NO.
1 , THE POINT OF BEGINNING; THENCE NORTH 00°24 ' 38" WEST
FOR A DISTANCE OF 257 . 00 FEET ; THENCE NORTH 89°35 ' 22 "
EAST FOR A DISTANCE OF 290. 00 FEET; THENCE SOUTH
19°51 ' 02 " EAST FOR A DISTANCE OF 37 . 84 FEET ; THENCE SOUTH
58°50 ' 50" WEST FOR A DISTANCE OF 31 . 94 FEET ; THENCE SOUTH
55°03 ' 40" EAST FOR A DISTANCE OF 191 . 03 FEET; THENCE
SOUTH 34°56 ' 20" WEST FOR A DISTANCE OF 5 .00 FEET; THENCE
SOUTH 55°03 ' 40" EAST FOR A DISTANCE OF 100 .00 FEET TO AN
INTERSECTION WITH THE NORTHERLY BOUNDARY OF THE SAID
HERITAGE WEST NO. 1 ; THENCE FOLLOWING THE NORTHERLY
BOUNDARY OF HERITAGE WEST NO . 1 FOR THE NEXT SEVEN ( 7 )
COURSES ( 1 ) SOUTH 34°56 ' 20" WEST FOR A DISTANCE OF 140 .00
FEET TO AN ANGLE POINT ; THENCE ( 2 ) NORTH 55°03 ' 40" WEST
FOR A DISTANCE OF 100 . 00 FEET TO AN INTERSECTION WITH THE
EASTERLY RIGHT OF WAY LINE OF INDEPENDENCE AVENUE ; THENCE
( 3 ) SOUTH 34°56 ' 20" WEST ALONG THE SAID RIGHT OF WAY LINE
FOR A DISTANCE OF 80 . 00 FEET; THENCE (4) NORTH 55°03 ' 40"
WEST FOR A DISTANCE OF 50 . 00 FEET TO AN INTERSECTION WITH
THE WESTERLY RIGHT OF WAY LINE OF INDEPENDENCE AVENUE;
THENCE ( 5) SOUTH34056 ' 20" WEST ALONG THE SAID WESTERLY
RIGHT OF WAY LINE FOR A DISTANCE OF 45 . 00 FEET ; THENCE (6)
NORTH 62°15 ' 00" WEST FOR A DISTANCE OF 120 . 00 FEET TO AN
ANGLE POINT ; THENCE (7 ) NORTH 73°00 ' 00" WEST FOR A
DISTANCE OF 134 . 32 FEET TO THE POINT OF BEGINNING .
Exhibit "A"