HomeMy WebLinkAboutAmerican Heritage CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter having come before the City Council for public
hearing pursuant to public notice as required by law, on January
14, 1992, upon the application of American Heritage, (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. 3, 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 in question 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 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 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.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
dsc chbbck02 .214
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 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 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 land use district
designation of R-1, upon annexation of the land described.
DATED this by day of , 1992.
, / /;or.AY
ohn O. Cotant, Jr. , ayor
City of Chubbuck
Li
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
dsc chbbck02.214
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HURTLIFF
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PNGINEERING
DESCRIPTION FOR HERITAGE WEST N0 . 3
(Area tobe ..annexed into 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. 1330 .03 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 ALONG THE -WEST BOUNDARIES OF HERITAGE
WEST : NO . 1 AND -HERITAGE WEST NO . 2 ''FOR A DISTANCE OF. 1202 . 75
FEET TO THE NORTHWEST -CORNER OF HERITAGE ,WEST NO . 2 , A
SUBDIVISION :RECORDED IN THE RECORDS OF BANNOCK ,;_COUNTY AS
INSTRUMENT 91008267 ; THENCE
NORTH 89°35 ' 2 )" EAST ALONG THE ::NORTH BOUNDARY OF HERITAGE
WEST -dn.? FOR A 'DISTANCE 'OF 290. 00 FEET; THENCE
L.�. SOUTH19°51 ' O2" EAST : ALONG THE EAST,. BOUNDARY OF 'HERITAGE
WEST. NO .= 2 FOR A DISTANCE . OF 37 .84 :FEET TO THE TRUE :;POINT..OF =
,BEGINNING, SAID POINT BEING THE SOUTH , EAST CORNER OF .LOT 3 ,i:2!7',':.-.-•4.-
BLOCK 8HERITAGE WEST _NO . LL2 ; THENCE
,. .;NORTH 58°5050 EAST FOR A_ DISTANCE OF 44 6J3 FEET, THENCE 54
rt _
NORTH 34°56 ' 20 EAST . FOR A' DISTANCE OF #210 00 FEET, THENCE ;
SOUTH_ 55°O340" EA
�-+ ; ST :FOR A DISTANCE OF -110 . 00 FEET , -THENCE -
NORTH 34°56 ';20" EAST".FOR , A DISTANCE OF 51 95 FEET , THENCE
x - SOUTH 55°03 ' 40" EAST FOR A„ DI STANCE SOF 160 00 FEET, THENCE 4 1 ' .� :,-
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F -NORTH .34°56 ' 20 "EAST FOR A DISTANCE OF 70 00 FEET, THENCE :=x ' 4,
!;NORTH 849°4.6 '2.0" .:EAST FOR ,A'-.DISTANCE, 0 -' 'e' ',00„ FEET TO ANS= ' Z
INTERSECTION WITH ' THE-WESTBOUNDARY LINE OF_ ALTURASPARK, A
SUBDIVISION RECORDED I.N BANNOCK COUNTY _AS INSTRUMENT 556609,
1- THENCE x ti 4 ` r w81t
_ Exhibit "A” _
,
SOUTH 00°13 ' 40" EAST ALONG THE WEST BOUNDARY OF ALTURAS
PARK ( RECORDED AS SOUTH 00°16 ' 34" EAST) FORA DISTANCE OF
249 . 09 FEET TO THE NORTHEAST CORNER OF HERITAGE WEST NO . 1 ;
THENCE
FOLLOWING THE NORTHERLY BOUNDARY OF HERITAGE WEST NO . 1 FOR
THE NEXT FOUR (4 ) COURSES :
( 1 ) SOUTH 89°46 ' 20" WEST FOR A DISTANCE OF 150 . 00 FEET TO
AN';INTERSECTION WITH `THE WEST RIGHT__OF WAY LINE OF
FREEDOM AVENUE ; THENCE
( 2) SOUTH` 00°13 ' 40" 'EAST ALONG THE WEST RIGHT ` OF ` WAY LINE
OF FREEDOM AVENUE FOR A DISTANCE OF 10 .00 ' FEET TO THE
NORTH EAST CORNER OF LOT 9 BLOCK 5 HERITAGE WEST NO . 1 ;
THENCE
( 3) SOUTH 89°46 ' 20WEST FOR A ;'DISTANCE OF 98 . 85 FEET TO
AN :ANGLE `POINT"; ,THENCE . ._ , ,. ..:—:,' ,: . ',.' ., : ......
(4 ) SOUTH 34°56 '20" WEST FOR A DISTANCE OF 82 .97 _FEET TO . .: _. , .,,, :, : "...,
TO THE - NORTHEAST_ CORNER OF HERITAGE WEST ; NO . 2; THENCE
FOLLOWING THE NORTHERLY BOUNDARY OF HERITAGE WEST NO . 2 FOR
..ri.,_. 7:: ,.,,.. _.. „: .:,.:1-I•••",:--1..
THE NEXT FOUR ( 4 ) COURSES: _
., , , _,( 1 ) _NORTH 55°03 '_40" „WEST,,.FOR A DISTANCE ,OF, 100 . 00 FEET TO
AN "INTERSECTION `WITH THE — EASTERLY RIGHT ` OF WAYe._ LINE�OF
INDEPENDENCE _AVENUE ; THENCE
( 2 ) NORTH 34°56 ' 20". EASTx:ALONG THE SAID RIGHT OF WAY LINE
4.
FOR "A' DISTANCE .OF __5 .00 FEET ,' THENCE' i 4,
( 3 ) , NORTH 55°03 ' 40" 'WEST ,F.OR A DISTANCE OF 191 03 FEET;
THENCE
(4) .:NORTH 58°50 ' 50" EAST'FOR A DISTANCE OF 31 94 FEET TO : t,, ' � '
E POINT OF BEGINNING to ';�
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