HomeMy WebLinkAboutThe Church of Jesus Christ of Latter Day Saints CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter having come before the Chubbuck City Council for
public hearing pursuant to public notice as required by law, on
March 13 , 1990, upon the application of The Church of Jesus
Christ of Latter Day Saints (hereinafter referred to as
"applicant" ) for a change in land use district upon requested
annexation for the real property described on Exhibit A hereto to
R-2 or Limited Residential, and the Chubbuck 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 upon requested
annexation to R-2 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 lies outside of the city limits
but within the city's impact area pursuant to the Land Use
Ordinance of the City of Chubbuck.
4. The property is designated as R-2 , Limited Residential
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 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.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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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 Land Use and Development Commission recommends
approval of the zone change.
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 R-2,
Limited Residential.
DATED this day of Przd(rt, , 1990 .
4:4/ /4
Mayor, City of Chubb%c
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EXHIBIT "A"
A tract of land in the west one half of Section 34, Township
5 South, Range 34 East, Boise Meridian, described as
follows: Commencing at the south 1/4 corner for section 34 ,
Township 5 South, Range 34 East, Boise Meridian; thence
north 00°04'50" east along the meridional centerline of
Section 34 for a distance of 2629.11 feet to the northeast
corner of Paradise Acres, a subdivision recorded in the
records of Bannock County as instrument 538355; thence north
89° 36'50" west along the north line of Paradise Acres for a
distance of 510.90 feet to the northeast corner of lot 25,
block 13 of said Paradise Acres; thence north 00°12'29" east
on an extension of the west right of way line of Eden Street
for a distance of 50.00 feet; thence south 89°36'50" east
for a distance of 50.00 feet; thence north 00°12'29" east
for a distance of 374.00 feet; thence south 89°36'50" east
for a distance of 459.96 feet to an intersection with the
meridional centerline of Section 34; thence south 00°04'50"
west for a distance of 410.40 feet to the center 1/4 corner
of Section 34; thence continuing south 00°04'50" west for a
distance of 13 .61 feet to the point of beginning.
EXHIBIT "A" - Page 1
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