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0702 Change of Land Use6. 1, i2 opdak 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