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HomeMy WebLinkAboutGeorge Shiozawa CITY OF CHUBBUCK CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION ORDINANCE NO. 324 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 George Shiozawa (hereinafter referred to as "applicant" ) for a change in land use district for the real property described as follows: A tract of land located in the southeast quarter of the northeast quarter of Section 3, Township 6 South, Range 34 East Boise Meridian Described as follows: Beginning at the east 1/4 corner of Section 3 , Township 6 south, Range 34 East Boise Meridian; Thence North 01°15'41" West along the east line of Section 3 for a distance of 329.00 feet; thence south 88° 44'19" west for a distance of 231.00 feet; thence north 01'15'41" west for a distance of 350.00 feet; thence north 88°44'19" east for a distance of 231.00 feet to an intersection with the said east line of Section 3 ; Thence north 0115'41" west along the east line of Section 3 for a distance of 634.29 feet; thence north 89°44'53" west for a distance of 981.05 feet to an intersection with the east right of way line of the Union Pacific Railroad; thence south 01° 20'28" east along the said right of way line for a distance of 1307.66 feet to an intersection with the latitudinal centerline of Section 3; thence south 89°24'59" east along the said centerline for a distance of 979.40 feet to the point of beginning. Also to be known as Whitaker Place Subdivision, subdivision of Bannock County, Idaho. hereto from to R-2 or Limited 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-2, Limited Residential for the real property more particularly described above. 2 . All legal requirements for notice of public hearing have been met. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck02.233 -57 3 . The property is designated as R-2 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 would 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. 8 . It is in the best interests of the public that the land use designation of R-2 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck02.233 . DECISION \.../ Upon motion, made and, seconded, the City Council, by majority vote grants the application for a land use district designation of R-2, upon annexation of the land described. DATED this 11th.day of Fehrnary , 1990. iri Prir AP/gr, ohn O. Cotant, Mayor City of Chubbuck \.../ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck02 .233