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HomeMy WebLinkAbout0701 Change of Land Use - 140 Evans Lane 2011CITY OF CHUBBUCK, IDAHO 219PY 9665 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR THE CLARIFICATION AND CHANGE OF LAND USE DISTRICT WITH RESPECT TO CERTAIN LANDS WITHIN THE BOUNDARIES OF THE CITY OF CHUBBUCK; FROM LIMITED RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (C-2); DECLARING THAT THE CITY COUNCIL FINDS THAT SUCH CHANGE IN LAND USE PATTERN IS CONSISTENT WITH THOSE PRESCRIBED BY THE CITY'S COMPREHENSIVE PLAN; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1. Change of Land Use District. The below described land was partially zoned Limited Residential (R-2) and General Commercial (C-2). Upon request from the property owner for clarification of the land use district and recommendation by the Land Use commission that the land use district established by the Chubbuck Land Use Ordinance, with respect to the lands described below, located within the boundaries of the City of Chubbuck, should be and is hereby changed to General Commercial (C-2): 140 Evans Lane - William McKee Property legally described on the attached Exhibit. SECTION 2. Comprehensive Plan. The Mayor and Council find, and therefore declare, that the foregoing changes in the Land Use Districts established in Title 18, Chubbuck Code, are consistent with the land use pattern prescribed by the City's Comprehensive Plan for the above-described property. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. ORDINANCE - Page 1 chubbuck 061311 mckee rezone.wpd N �" 2 1 9 0 9 C 63 Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this day of - 2011. ATTEST: even M.--EngTand, M or Richard Mor , City Clerk ORDINANCE - Page 2 chubbuck 061311 mckee rezone.wpd CITY OF CHUBBUCK "ALSO, Commencing at the NE corner of the SW%NE% of S. 10, Twp: 6 S., R. 34 E., B.M., Bannock County, Idaho, and running thence South along the East line of said SW%NE% a distance of 330 feet; thence at right angles West a distance of 1320 feet, more or less, to the Easterly line of the Yellowstone Park Highway; thence Northerly along the said Easterly line of the Yellowstone Park Highway a distance of 130 feet; thence east parallel to the North line of the SW% NES% of said section u distance of 340 feet to the true point of beginning; thence North at right angles a distance of 140 feet; thence East at right angles 100 feet; thence South at right angles a distance of 140 feet; thence West at right angles 100 feet to the place of beginning of this survey." ****ALSO LEGALLY DESCRIBED AS: SEE ArrACMU!NT A EXHIBIT A 90 PARCEL 1 The North 60 feet of Lot 1 of HIGHWAY 91 ADDITION, Bannock County, Idaho, as the same appears on the official plat thereof, filed in the office of the County Recorder of Bannock County, Idjaho. PARCEL 2 The West 100 feet of the North 140 feet of the South 160 feet of Lot 1 of HIGHWAY 91 ADDITION, Bannock County, Idaho, as the same appears on the official plat thereof, filed in the office of the County Recorder of Bannock County, Idaho. r SUMMARY OF ORDINANCE NO. 7 Q I An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, providing for the clarification and change of land use district with respect to property at 140 Evans Lane, Chubbuck, Idaho from limited residential (R-2) to general commercial (C-2); declaring that the city council finds that such change in land use pattern is consistent with those prescribed by the city's comprehensive plan providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in effect after its passage, approval and publication. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. -70 i and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this Z6 day of J SUMMARY OF ORDINANCE NO. _- Page 1 chubbuck 061311 ord summ mckee rezonempd 2011. LAMONT JONES JACK H. R.OBISON THOMAS J. HOL.MES Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Re: McKee Rezone Dear Rich: LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 POCATELLO, IDAHO 83204-0967 July 13, 2011 TELEPHONE.: (208) 232-5911 FAX: (208) 232-5962 E-MAIL: tholmesid@gmail.com MR HOLMES' TELEPHONE EXTENSION: 103 There were a couple of words left out of the heading in the McKee rezone ordinance. Please use the enclosed ordinance and summary for the final reading and publication. Sincerely, Thomas J. BL:1'--r r TJH/ah chubbuck071311.11.wpd F.,nclosures