Loading...
0713 Change of Land Use - 4535 Burley Drive 20129A CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 713 6.7.12- 1"W 11 21909658 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR CHANGE OF LAND USE DISTRICT WITH RESPECT TO CERTAIN LANDS WITHIN THE BOUNDARIES OF THE CITY OF CHUBBUCK; FROM LIMITED RESIDENTIAL (R-2) TO INDUSTRIAL (I); DECLARING THAT THE CITY COUNCIL FINDS THAT SUCH CHANGE IN LAND USE PATTERN IS COMPATIBLE WITH THE CITY'S COMPREHENSIVE PLAN; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COU`N1 1L OFTHE CITY OF CHUBBUCK, IDAHO: SECTION 1. Change of Land Use District. 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, are hereby changed from Limited Residential (R-2) to General Commercial (C-2): 4535 Burley Drive - Hal Overdorf Property legally described on the attached Exhibit. (The Council passed this Zone Change after appropriate public hearings on November 12, 1985 but the Ordinance was never adopted.) 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. SECTION 3. Effective Date. Full, public hearings having been conducted in this matter, the rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this 22nd day of May, 2012. ATTEST: 4even�M. England, M or Richard Morgan, C Clerk CITY OF CHUBBUCK ORDINANCE - Page 1 UL Chubbuck 050912 Ord - overdorf change in lud.wpd N%.V 21909658 q/� EXHIBIT Beginning at the Southeast corner of the North 1/2 of the North 1/2 of the Southwest 1/4 ofthe Northeast 1/4 of Section 10, Township 6 South, Range 34 E.B.M., and running thence due West 500 feet; thence due North 155.76 feet; thence due East 500 feet; thence due South 155.76 feet to the Point of Beginning. If - A parcel of land located in the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 6 South, Range 34 East Boise Meridian, Bannock County, Idaho, also being a portion of Instrument No. 95019003 as recorded in the Bannock County Courthouse, and being more particularly described as follows: Beginning at the East 1/16 comer of the North line of Section 10, thence South 00°04'31" East 1324.25 feet along the East 1/16 line of Section 10 to the Northeast 1/16 fine, thence continuing South 00°04'31" East 187.12 feet to a point on said East 1/16 line, thence North 89°23"83" West 25.00 feet; thence South 00°0434" East 68.54 feet to the True Point of Beginning. Thence continuing South 00°04'34" East 74.96 feet, thence North 89°28'34" West 108 feet, 41/2 inches, thence North 00°04'34" West 93.65 feet more or less to the South line of Evans Lane, thence South 89°23'53" East 90.11 feet along the South line of Evans Lance, more or less to a point that is North 44°21'17" West of the point of beginning, thence South 44°21'17" East 26.28 feet to the True Point of Beginning. chubbuck051412.exhibit.wpd 21.90900-9 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. ,( /J AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR CHANGE OF LAND USE DISTRICT WITH RESPECT TO CERTAIN LANDS WITHIN THE BOUNDARIES OF THE CITY OF CHUBBUCK; FROM LIMITED RESIDENTIAL (R-2) TO INDUSTRIAL (I); DECLARING THAT THE CITY COUNCIL FINDS THAT SUCH CHANGE IN LAND USE PATTERN IS COMPATIBLE WITH THE CITY'S COMPREHENSIVE PLAN; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1. Change of Land Use District. 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, are hereby changed as, indicated: 4535 Burley Drive - Hal Overdorf Property legally described on the attached Exhibit. (The Council passed this Zone Change after appropriate public hearings on November 12, 1985 but the Ordinance was never adopted.) 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. SECTION 3. Effective Date. Full, public hearings having been conducted in this matter, the rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this *14- day of, 2012. kevenM. England, M or ATTEST: Pc �6myy Richard Morgan, Cii. Clerk 2 1 -10�b b q ORDINANCE - Page 1 chubbuck 050912 ord - overdorf change in lud.wpd CITY OF CHUBBUPK �v{d j L `yU 1 LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesidcdgmaitcom -- MR. HOLMES' TELEPHONE. EXTENSION: 103 June 7, 2012 Richard Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: I looked back at those two ordinances changing land use districts on old properties and Steve was correct, our template had a phrase deleted. It is a scrivener's error however I think the original ordinance filed should be changed to include that. If you're in agreement, enclosed please find corrected Ordinances 702 and 713. Sincerely, Thomas J. Holmes TJHiah chubbuck060712.11.wpd Enclosures LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesid@gmaii.com MR. HOLMES' TELEPHONE EXTENSION: 103 May 14, 2012 Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: Enclosed please find the ordinance to complete the rezone on 4535 Burley Drive which appears to have been approved by the City Council in 1985 but no ordinance was ever adopted. This is all of the property less the home parcel that is currently owned by Evan Overdorf. �iomas J. Holmes TJH/ah chubbuck05l4l 2.l l .wpd Enclosure cc Paul Andrus Steve Smart