HomeMy WebLinkAboutC.L.C. Associates Inc. 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 June 21, 2000, upon the application of C.L.C. Associates, Inc.
(hereinafter referred to as "applicant") for a change in land use district for the real property
described on Exhibit "A" hereto from A or Agricultural to C-2 or General Commercial, 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 C-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 is zoned A or Agricultural pursuant to the Land Use
Ordinance of the City of Chubbuck.
4. The property is designated as General Commercial (C-2) 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 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.
10. It is in the best interests of the public that the proposed change in land use 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1
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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.
5. Takings. Pursuant to Idaho Code § 67-8001 et seq., the Council makes the following
findings with respect to the decision in this action:
A. This Action does not result in a permanent or temporary physical
occupation of private property.
B. This Action does not require the property owner to dedicate a portion of
the property or to grant an easement.
C. This Action does not deprive the owner of the property of all viable uses of
the property.
D. This Action does not have a significant impact on the landowner's
economic interest.
E. This Action does not deny a fundamental attribute of ownership.
F. This Action does not serve the same purpose that would be served by
directly prohibiting the use or action; nor does the condition imposed substantially
advance such purpose.
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
General Commercial (C-2).
DATED this 23RDday of JANUARY , 2001.
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ayor, City of Chubbuck
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