HomeMy WebLinkAbout0702 Change of Land Use6. 1, i2
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G1 \ CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 702
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 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 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 is hereby changed from Limited
Residential (R-2) to General Commercial (C-2) as indicated:
400 Block, South side of East Chubbuck Road - Keith Robinson Property
legally described on the attached Exhibit. (The Council passed
this Zone Change after appropriate public hearings on November 11, 1997
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 23rd day of August, 2011.
ATTEST:
Richard Morgan, City lerk 2 1 'A 0 9 h b 2
ORDINANCE - Page 1
Chbbckl8 Change Land Use District.wpd
CITY OF CHUBBUCK
Ilii;,' • J � " � �_" i s J 11
Commencing at thy+ southeast corner of
Section 3, Township 6 South, Range 34 Fast
of the Boise Meridian, thence traveling
West along the Southerly line of said
Section at a distance of 344 feet for a
Point of beginning of land cosiveyed,
thence at right angles North and parallel
to Easterly line of said section a
distance of 40 rods, thence at right
angles West 132 feet, thence at right
angles South and parallel to Easterly
section line of said section a distance of
40 rods, more or leas, to the intersection
with the Southerly boundary line of said
section, thence at right angles East and
following the Southerly boundary line of
said section a distance of 132 feet to the
point of beginning, said tract of land
being a tract of land 40 rads long and 132
feet wide,
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO.
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 LOCATED AT 426
EAST CHUBBUCK ROAD FROM LIMITED RESIDENTIAL (R-2) TO LIMTTED
COMMERCIAL (C-1); 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 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:
426 East Chubbuck Road, Chubbuck, Idaho as
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.
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 •`23 day of , 2011.
ATTEST:
`I y
Richard Mor , City Clerk
ORDINANCE - Paps 1
chubbuckO82211 mune ord - 428 a ehubbuck.wpd
71
City of Chubbuck
Council Meeting Minutes
August 23, 2011
7:00 p.m.
Minutes of a regular council meeting held at the Chubbuck City Council Chambers, August 23,
2011. Present: Mayor Steven England, Council Members; Josh Ellis, Kevin England, Kent
Kearns, Kermit Morrison, Attorney Thomas Holmes, Public Works Director Steven Smart, Clerk
Rich Morgan.
Meeting was called to order at 7:OOpm by Mayor England.
Pledge of Allegiance to the Flag was led by Conner Long, a member of Troop 384 of the Boy
Scouts of America.
Invocation was offered by President William Pincock of the North Stake of the Church of Jesus
Christ of Latter -Day Saints.
Approval of Minutes - Mayor England asked for corrections and additions to the regular meeting
minutes of August 9, 2011.
Council Member Kearns moved to approve the regular meeting minutes of August 9, 2011 with
the correction that Councilman Kearns, not Councilman Morrison made the motion to adjourn.
Council Member Morrison seconded. Roll call vote: Ellis -yes, England -yes, Kearns -yes,
Morrison -yes.
Public Hearing to consider the application by Boyd and Kim Hardy, 446 Hampton, Chubbuck
Idaho 83202, for a zoning change from limited residential, R2, to limited commercial, C 1 at 426
East Chubbuck Rd, Chubbuck, Idaho 83202. Kim Hardy described the business as an event
decorating company. Land Use Commission has recommended approval. There will be a gate to
control the dual access.
Mayor England declared the public hearing open.
Jason Ormond, 560 Nathan, spoke in favor of the proposal. Mr. Ormond is excited for the
business to expand and for the business to locate in Chubbuck.
Richard Rommel, 5764 Eden, spoke against the proposal. Mr. Rommel is concerned about the
others in the neighborhood. The neighbors did not chose to have a commercial site next to them.
Tom Holmes, the City Attorney, mentioned that during the Land Use meeting the next door
neighbor spoke in favor of the proposal.
There being no further comment, Mayor England closed the public hearing.
As a matter of general business the council then considered the ordinance required to actually
change the zoning for the property located at 426 E Chubbuck Rd.
Council Member Kearns moved to waive the rule that the ordinance be read on three separate
occasions with one reading being in full. Council Member England seconded. Roll call vote:
Ellis -recused, England -yes, Kearns -yes, Morrison -yes.
Council Member Kearns moved to adopt ordinance 702 contingent on an executed development
agreement. Council Member Morrison seconded. Roll call vote: Ellis -recused, England -yes,
Kearns -yes, Morrison -yes.
SUMMARY OF ORDINANCE NO. 7C
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
providing for change of land use district with respect to certain lands within the boundaries of the
City of Chubbuck located at 425 East chubbuck Road from Limited Residential (R-2) to Limited
Commercial (C-1); 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:
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. `? d - and that the summary provides adequate notice to the public
of the contents of this ordinance.
DATED this day of , 2011.
t
07
Thomas J. Holmes, City Attorney
SUMMARY OF ORDINANCE NO. _ - Pape 1
chubbuck 02211 Ord summpd
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. HOL,MES E-MAIL: tholmesid�gmail.com
-- 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,
r
Thomas J. Holmes
TJHiah
chubbuck060712.1 l .wpd
Enclosures
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO.
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 LOCATED AT 426
EAST CHUBBUCK ROAD FROM LIMITED RESIDENTIAL (R-2) TO LD5MD
COMMERCIAL (C-1); 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 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:
426 East Chubbuck Road, Chubbuck, Idaho as
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.
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 COUNCEL OF THE CITY OF CHUBBUCK,
IDAHO, this ;�25 day of l� 4- E , 2011.
ATTEST:
—
Richard Mora , City Clerk
ORDINANCE - Pape 1
chubbuck082211 rezone ord - 426 a chubbuckmpd