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HomeMy WebLinkAboutHarold L. Scalf .s 4 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 March 8, 1994, upon the application of Harold L. Scalf (hereinafter referred to as "applicant") for a change in land use district for the real property described as Vista Park Subdivision lying north and west of Johannsen Place from A or Agricultural to R-1 or Single Family Residential, 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 from A to R-1 for the real property described. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned A or Agricultural pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-1 or Single Family 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 not expressed approval or disapproval of the proposed change in land use district. 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1 dsc chbbck05.109 \ 66 10. It is in the best interests of the public that the proposed change in land use L., district 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 to designate the land described above as R-1 or Single Family Residential. DATED thistday of , 1994. oww/ .0% ayor, City of Chubbuck FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2 dsc chbbck05.109