HomeMy WebLinkAboutAmerican Heritage CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
Heritage West No. 4
This matter having come before the City Council for public
hearing pursuant to public notice as required by law, on October
13, 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. 4, 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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1
dac chblack10.144
CA
HURTLIFF r''6 W. Lewis . P.O.Box 11 . Pocatello,Idaho 83204 . (208)233-1963
NGINRRRING
DESCRIPTION FOR HERITAGE WEST
AREA FOR HERITAGE WEST NO. 4
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
SUBDIVISIONRECORDED IN THE RECORDS OF BANNOCK COUNTY AS
INSTRUMENT 91008267 THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 004'24 ' 38" WEST -FOR A DISTANCE: OF 524 . 51
FEET ; THENCE NORTH 89°35 ' 22 EAST FOR A DISTANCE OF
808 . 65 FEET TO AN INTERSECTION WITH THE WEST BOUNDARY OF
ALTURAS PARK , A SUBDIVISION RECORDED IN THE RECORDS OF
BANNOCK AS INSTRUMENT 556609; THENCE SOUTH 00°13 '40" EAST
ALONG THE WEST BOUNDARY OF ALTURAS PARK FOR A DISTANCE OF
423 . 01 FEET TO THE NORTHEAST CORNER OF HERITAGE WEST NO . 3 ,
A SUBDIVISION RECORD IN THE RECORDS OF BANNOCK COUNTY AS
INSTRUMENT 92007432 ; THENCE FOLLOWING THE NORTHERLY
BOUNDARY OF HERITAGE WEST NO . 3 FOR THE NEXT SEVEN ( 7 )
COURSES: ( 1 ) SOUTH 89°46 ' 20" WEST FOR A DISTANCE OF 54 . 08
FEET; THENCE (2) SOUTH 34°56 ' 20" WEST FOR A DISTANCE OF
70. 00 FEET ; THENCE ( 3) NORTH 55°03 ' 40" WEST FOR A
DISTANCE OF 160.00 FEET ; THENCE ( 4 ) SOUTH 34°56 ' 20" WEST
FOR A DISTANCE OF 51 . 95 FEET; THENCE ( 5 ) NORTH 55°03 ' 40"
WEST FOR A DISTANCE OF 110 . 00 FEET; THENCE ( 6) SOUTH
34°56 ' 20" WEST FOR A DISTANCE OF 210. 00 FEET ; THENCE ( 7 )
SOUTH 58°50 ' 50" WEST FOR A DISTANCE OF 44 . 63 FEET TO THE
SOUTHEAST CORNER OF LOT 3 BLOCK 8 HERITAGE WEST NO . 2 ;
THENCE NORTH 19°51 ' 02 " WEST ALONG THE NORTHERLY BOUNDARY
OF HERITAGE WEST NO . 2 FOR A DISTANCE OF 37 .84 FEET ; THENCE
CONTINUING ALONG THE NORTH BOUNDARY OF HERITAGE WEST NO. 2 ,
SOUTH 89°35 ' 22" WEST FOR A DISTANCE OF 290 . 00 FEET TO THE
POINT OF BEGINNING .
COMPRISING 8 . 74 ACRES , MORE OR LESS .
FEBRUARY 10 , 1993
JOB . NO. 92043
TS
Exhibit "A"
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-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 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 designation of R-1, upon annexation of the land
described.
DATED this 9TH.day of MARCH , 199.3.
1 l -44PIMPIF
/ 40/
6ohn O. Cotant, Jr. , Mayor
City of Chubbuck
Li
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2
dc chbbck10.144