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HomeMy WebLinkAboutRoy Lacey 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 Roy Lacey, (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 Espie Subdivision of Bannock County, Idaho. hereto to R-1 or Single Family Residential, except for a portion designated as R-2, Limited Residential, upon request 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 change 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 except for a portion along Hawthorne Road which is designated 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. Several owners of adjacent properties have expressed approval 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 chbbck02.213 • . 8. It is in the best interests of the public that the land use designation of R-1 and 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 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 land use district designation of R-1 and, for that portion of land along Hawthrone Road, R-2 as designated in the Comprehensive Plan, upon annexation of the land described. DATED this 144 day of / 1P , 1992. 0,411r 415., 40/ John O. Cotant, Jr. , Mayor City of Chubbuck FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck02.213 s I�URTI-AFI= 426 W.Lewis •• P.O.Box 11 • Pocatello,Idaho 83204 . (208)233-1963 + 'NGINEERING DESCRIPTION FOR ROY LACEY (Area to be annexed into the City of Chubbuck ) A tract of land laying west of Hawthorne Road and north of Delmar Acres , a portion of the south half of the northeast quarter of the northeast quarter of Section 4 , Township 6 South , Range 34 East , Boise -Meridian , being all of 'the land described in instruments 647000 and 662263 of the records Bannock Bannock County , Idaho , 'described as follows : The south half of the northeast quarter of the northeast quarter' of Section 4 , Township 6 south , Range 34 - East , Boise Meridian . EXCEPTING THEREFROM the following described tract of land : Commencing at the northeast corner of Section 4 , Township 6 South ," Range 34 _East, Boise Meridian ; thence South O1°O3 ' East along the east line of Section 4 for a distance of 899 .34 `feet to" the: south east `corner of he land described in 'instrument 647000 of the recordsof Bannock County ,,'THE TRUE POINT OF BEGINNING; thence South 89°54 '; West along the south boundary of the land described in instrument 647000 for a distance of 326 .30 feet ; thence South Ol°03 ' East .along the east boundary of ..the land described ;in •instrument 662263 for a distance"af 406 .03 feet to an .intersect on with the north boundary of Delmar Acres °' a subdivision recorded .in. the ,records of BannockCounty as • , _. . instrument"V450164 ; thence North 89°50 '. East al Ong said' north 'boundary far a distance :of `326 .30 feet -to " an intersection with "the east , l.in`e •ofnce oction- 4 ; thence North 01 0..) - West along , east 'lineSection 4. for a - K ,: �_ ; distance of 405 . 65 . feet ;to the point of. beginning . _ ...o/ — Exhibit "A"