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0741 Land Use District Changeu u 21906851 CITY OF CHUBBUCK CITY OF 9dUB9k,q&HO 2018 MAY 2 3 A 1: 3 1 ORDINANCE NO. '741 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) AND LIMITED RESIDENTIAL P (R -2P) AS MORE FULLY DESCRIBED IN THE ORDINANCE; 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, is hereby changed from Limited Residential (R-2) to the zoning designation indicated: I . Brookstone Estates as described on the attached Exhibits 1 and 2 to Limited Residential P (R -2P). (The Council passed this Zone Change after appropriate public hearings on August 13, 2013 but no Ordinance was adopted.) 2. Property at 137 Highway Avenue described on the attached Exhibit C to Gener=al Commercial (C-2). (The Council approved this Zone Change after appropriate public hearings on March 13, 2001 but no Ordinance was 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. ORDINANCE - Page 1 chubbuck 031615 rezone ord.wpd 2190685` u ill� PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this 15-44day of ; I , 2015. ATTEST: Richard Morgan, City tlerk ORDINANCE - Page 2 chubbuck 031615 rezone ord.wpd Lots in Brookstone Estates Division 1: Lot 16 Block 2 Commonly Known as 4970 Brookstone Street Lot 17 Block 2 Commonly Known as 4980 Brookstone Street Lot 18 Block 2 Commonly Known as 4988 Brookstone Street Lot 19 Block 2 Commonly Known as 4998 Brookstone Street Lot 20 Block 2 Commonly Known as 5006 Brookstone Street Lot 21 Block 2 Commonly Known as 5016 Brookstone Street Lot 8 Block 3 Commonly Known as 1531 Stone Hedge Circle Lot 9 Block 3 Commonly Known as 1541 Stone Hedge Circle Lot 10 Block 3 Coinmonly Known as 1551 Stone Hedge Circle: Lot 1 I Block 3 Commonly Known as 1561 Stone Hedge Circle; Lot 12 Block 3 Commonly Known as 1580 Stone Hedge Circle Lot 13 Block 3 Commonly Known as 1570 Stone Hedge Circle. Lot 14 Block 3 Commonly Known as 1560 Stone Hedge Circle Lot 15 Block 3 Commonly Known as 1550 Stone Hedge Circle Lot 16 Block 3 Commonly Known as I540 Stona Hedge Circle Lot 17 Block 3 Commonly Known as 1530 Stone Hedge Circle EXHIBIT 21906859 21906859 LEGAL DESCRIPTION FOR BROOKSTONE ESTATES R- A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, MARKED BY A CITY OF POCATELLO MONUMENT IN VAULT, RECORDED UNDER CORNER PERPUATION INST. NO'S. 765498 AND 668097; THENCE NORTH 89°16'10" EAST, ALONG THE SOUTH LINE OF SECTION 5, A DISTANCE OF 1327.69 FEET TO THE EAST 1/16 CORNER ON THE SOUTH LINE OF SAID SECTION 5, BEING MARKED BY A 2 INCH ALUMINUM CAP STAMPED RMES PELS 2341 AS DESCRIBED IN CORNER PERPUATION INST. NO 20514940; THENCE NORTH 00033'34" WEST, ALONG THE EAST 1/16 LINE OF SAID SECTION 5, A DISTANCE OF 1358.18 FEET TO THE A POINT OF BEGINNING. THENCE CONTINUING NORTH 00033'34" WEST, ALONG SAID EAST 1/16 LINE, A DISTANCE OF 1247.30 FEET; THENCE SOUTH 86°50'10" WEST A DISTANCE OF 122.58 FEET; THENCE SOUTH 71°57'40" WEST A DISTANCE OF 794.83 FEET; THENCE NORTH 90000'00" WEST A DISTANCE OF 402.02 FEET; THENCE SOUTH 00°18'53" WEST A DISTANCE OF 105.63 FEET; THENCE SOUTH 89009'59" EAST A DISTANCE OF 2.88,FEET; THENCE SOUTH 00018'53" WEST A DISTANCE OF 176.01 FEET; THENCE SOUTH 89009'59" EAST A DISTANCE OF 461.81 FEET; THENCE NORTH 70045'44" EAST A DISTANCE OF 272.20 FEET; THENCE SOUTH 19°14'16" EAST A DISTANCE OF 15.57 FEET; THENCE SOUTH 00°43'59" EAST A DISTANCE OF 395.14 FEET; THENCE SOUTH 89041'07" EAST A DISTANCE OF 272.44 FEET; THENCE SOUTH 00043'59" EAST A DISTANCE OF 368.58 FEET; THENCE SOUTH 86035'47" EAST A DISTANCE OF 107.97 FEET; THENCE NORTH 89016'01" EAST A DISTANCE OF 66.00 FEET; THENCE SOUTH 00°43'59" EAST A DISTANCE OF 9.89 FEET; THENCE SOUTH 89°49'41" EAST A DISTANCE OF 111.02 FEET, TO THE POINT OF BEGINNING. CONTAINING 17.62 ACRES, MORE OR LESS. a EXHIBIT U-I� I-V� Exhibit to Ordinance #XXX The legal description of 137 Highway Ave is: Lot #8, Highway Acres Subdivision ?11i0f 5� � 21906859 1.V . SUMMARY OF ORDINANCE NO. jq j 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 at 137 Highway Avenue lying within the boundaries of the City of Chubbuck and which lands are more particularly described in the ordinance from Limited Residential (R-2) to General Commercial (C-2); lands in the Brookstone Estates Division 1 and another parcel both as more particularly described in the ordinance from Limited Residendal (R-2) to Limited Residential P (R -2P); 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 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. and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this I Vt' day of � , 2015 Thomas J. Holmes, City Attorney SUMMARY OF ORDINANCE NO. _ - Page 1 chubbuck 031615 sum rezone ord.wpd 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; FROM LIMITED RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (C-2) AND LIMITED RESIDENTIAL P (R -2P) AS MORE FULLY DESCRIBED IN THE ORDINANCE; 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. Chame 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, is hereby changed from Limited Residential (R-2) to the zoning designation indicated: tl> C� Brookstone Estates as described on the attached Exhibits I and 2 to Limited Residential P (R -2P). (The Council passed this Zone Change after appropriate public hearings on August 13, 2013 but no Ordinance was adopted.) 2. Property at 137 Highway Avenue described on the attached Exhibit C to Geneml Commcrcial (C-2). (The Council approved this Zone Change after appropriate public hearings on March 13, 2001 but no Ordinance was 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, ORDINANCE - Page 1 chubbuck 031615 rezone ord,wpd PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this 1' 0 day of 12015. ATTEST: "IJ Richard Morgan, City Jerk ORDINANCE - Page 2 chubbuck 631615 rezone ord.wpd ;Lots in Brookstone Estates Division 1: Lot 16 Block 2 Commonly Known as 4970 Brookstone Street Lot 17 Block 2 Commonly Known as 4980 Brookston Street Lot 18 Block 2 Commonly Known as 4988 Brookstona Street Lot 19 Block 2 Commonly Known as 4998 Brookstone Street Lot 20 Block 2 Commonly Known as SO% Brookstone Sit Lot 21 Block 2 Commonly Known as 5016 Brookstone Street Lot 8 Block 3 Commonly Known as 1531 Stone FIedge Circle Lot 9 Block 3 Commonly Known as 1541 Sinn He* Circle Lot 10 Block 3 Cotamonly Known as 1551 Stone Hedge Circle Lot 11 Block 3 Commonly Known as 1561 Stone Hedge Circle Lot 12 Block 3 Commonly Known as 1580 Stone Hedge Circle Lot 13 Block 3 Commonly Kmow+n as 1.510 Stone Hedge Circle Lot 14 Black 3 Commonly Known as 1560 Stone NA4p Circle Lot 15 Block 3 Commonly Known as 15.550 Stone Hedge Circle Lett 16 Block 3 Commonly Known as 1540 Stone Hoge Circle Lot 17 Block 3 Commonly Known as 1530 Stone Hedge Circle EXHIBIT LEGAL DESCRIPTION FOR BROOKSTONE ESTATES R -2P A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, MARKED BY A CITY OF POCATELLO MONUMENT IN VAULT, RECORDED UNDER CORNER PERPUATION INST. NO'S. 765498 AND 668497; THENCE NORTH 89°16'10" EAST, ALONG THE SOUTH LINE OF SECTION 5, A DISTANCE OF 1327.69 FEET TO THE EAST 1116 CORNER ON THE SOUTH LINE OF SAID SECTION 6, BEING MARKED BY 2 INCH ALUMINUM CAP STAMPED RMES PELS 2341 AS DESCRIBED IN CORNER PERPUATION INST. NO 20514940; THENCE NORTH 00°33`34" WEST, ALONG THE EAST 1116 LINE OF SAID SECTION 5, A DISTANCE OF 1358.18 FEET TO THE A POINT OF BEGINNING. THENCE CONTINUING NORTH 00°33'34" WEST, ALONG SAID EAST 1116 LINE, A DISTANCE OF 1247.30 FEET; THENCE SOUTH 86050'10" WEST A DISTANCE OF 122:58 FEET, THENCE SOUTH 71 °57'40" WEST A DISTANCE OF 794.83 FEET; THENCE FORTH 90°00'00" WEST A DISTANCE OF 442.02 FEET; THENCE SOUTH 00018'53" WEST A DISTANCE OF 145.63 FEET; THENCE SOUTH 89009'59" EAST A DISTANCE OF 2.88 -FEET; THENCE SOUTH 00018'53" WEST A DISTANCE OF 176.01 FEET; THENCE SOUTH 69009'59" EAST A DISTANCE OF 461.81 FEET, THENCE NORTH 70046'44" EAST A DISTANCE OF 272.20 FEET; THENCE SOUTH 19014'16" EAST A DISTANCE OF 15.57 FEET; THENCE SOUTH 00043'59" EAST A DISTANCE OF 396.14 FEET; THENCE SOUTH 89041'07" EAST A DISTANCE OF 272.44 FEET; THENCE SOUTH 00043'59" EAST A DISTANCE OF 368.58 FEET; THENCE SOUTH 86035'47" EAST A DISTANCE OF 107.97 FEET; THENCE NORTH 89016'01" EAST A DISTANCE OF 66.00 FEET; THENCE SOUTH 00043'59" EAST A DISTANCE OF 9.89 FEET; THENCE SOUTH 89049'41" EAST A DISTANCE OF 111.02 FEET, TO THE POINT OF BEGINNING. CONTAINING 17.62 ACRES, MORE OR LESS. S.." Exhibit to Ordinance #XXX The legal description of 137 Highway Ave is: Lot #8, Highway Acres Subdivision SUMMARY OF ORDINANCE NO. I q I 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 at 13 )7 Highway Avenue lying within the boundaries of the City of Chubbuck and which lands are more particularly described in the ordinance from Limited Residential (R-2) to General Commercial (C-2); lands in the Brookstone Estates Division I and another parcel both as more particularly described in the ordinance frorn Limited ResidenLial (R-2) to Limited Residential P (R -2P); 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 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. —7 q I and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this I` A� day of 2015. Thomas J. Holmes, City Attorney SUMMARY OF ORDINANCE NO. _ - Page 1 chubbuck 631615 sum rezone ord.wpd