HomeMy WebLinkAboutHarris Construction Company . •
CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter having come before the City Council for public hearing pursuant to
public notice as required by law, on August 8, 1995, upon the application of Harris
Construction Company, (hereinafter referred to as "applicant") for a change in land use
district for the real property described on Exhibit "A" hereto from R-2 or Limited
Residential to I or Industrial, and the City Council having heard testimony from
interested parties and being fully advised in the matter, now makes the following:
FINDINGS OF FACT
1. Applicant has applied for a zone change from R-2 to I for the real property
more particularly described on Exhibit "A" hereto.
2. All legal requirements for notice of public hearing have been met.
3. The property in question is zoned R-2 or Limited Residential pursuant to the
Land Use Ordinance of the City of Chubbuck.
4. The property is designated as Industrial (I) in the duly adopted Comprehensive
Plan of the City of Chubbuck.
5. Relevant criteria and standards for consideration of this application are set
forth in the Comprehensive Plan in Sections B, B(5), B(6) and B(8) and in Idaho Code
Sections 67-6502 and 67-6508.
6. The requested change in land use district is not in conflict with the provisions
of existing zoning regulations or the duly adopted Comprehensive Plan of the City of
Chubbuck.
7. The property in question is suitable for the proposed land use district, and
such uses would be compatible with existing land uses in the area.
8. Owners of adjacent properties have not expressed approval or disapproval of
the proposed change in land use district.
9. The requested zone change is reasonable to provide orderly development of
the City, and to promote economic values and will not be detrimental to the public
health, safety, and welfare.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1
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10. It is in the best interests of the public that the proposed change in land use
district be granted.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck City
Council hereby enters the following:
CONCLUSIONS OF LAW
1. The requirements of Idaho Code Section 67-6509(d) have been met.
2. The proposed change in land use district is reasonable and necessary to
provide orderly development of the City, and to promote economic values, and is not
inconsistent with or detrimental to the public health, safety, and welfare.
3. The proposed change in land use district is consistent with the provisions of
the Comprehensive Plan and Land Use Ordinance of the City of Chubbuck and the
Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code.
4. The requested change in Land Use District should be granted.
5. Takings. Pursuant to Idaho Code S 67-8001 et seq., the Council makes the
following findings with respect to the decision in this action:
A. This Action does not result in a permanent or temporary physical
occupation of private property.
B. This Action does not require the property owner to dedicate a
portion of the property or to grant an easement.
C. This Action does not deprive the owner of the property of all viable
uses of the property.
D. This Action does not have a significant impact on the landowner's
economic interest.
E. This Action does not deny a fundamental attribute of ownership.
F. This Action does not serve the same purpose that would be served
by directly prohibiting the use or action; nor does the condition imposed
substantially advance such purpose.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2
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V
V
DECISION
Upon motion, made and seconded, the City Council, by majority vote grants the
application for a change in Land Use District to designate the land described on Exhibit
"A"as Industrial (I).
DATED this 9th.day of JANUARY , 19iii 944.
,,A
OArligil
4-7/
/ Mayor, City of Chubbuck
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 3
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A Sl
4% FIRST =ERIC= TITLE CO., INC.
" P 0 Box 9, (420 South 4th Street), Pocatello, Idaho, 83204
••••:,:-..•.:•;•,-e: •
Phone (208) 232-6224 Fax (208) 232-6257
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Form No. 1344-A(1982)
ALMA. Plain Language Condiment •
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SCHEDULE A
1. Commitment Date: June 21, 1995 at 2:00 p.m. Commitment No. 20253-R
TO: HARRIS CONSTheCTLON •
NUN: STEVE HARRIS
1110 CALL CREEK DRIVE
POCATELLO ID 83201
2. Policy or Policies to be issued: Policy Amount premium
[X] Standard Owners Policy $10,000.00 $150.00
ALM Form 1402.92 (10-17-92)
Proposed Insured: , HARRIS CONSTRUcxiON
[ ] Lenders policy
ALTA Form 1056.92 (10-17-92)
Proposed Insured:
[ ] Endorsements:
Proposed Insured:
3. A. fee simple interest in the land described in this COmmitment is
owned, at the Commitment rate, by
DALE'S SERVICE COMPANY, INC.
4. The Land referred to in this Commitment is described as follows;
Beginning at the Southeast Corner of the North Half of the North half of the
Southwest Quarter of the Northeast Quarter of Section 10, Township 6 South, Range 34
E. B.M. BANNOCK =wry, IDAHO, thence running due North 142.88 feet to the POINT OF
BEGINNi;G; thence running due North 100.0 feet; thence due West 500 feet; thence due
South 100.0 feet; thence due East 500 feet to the POINT OF BEGINNING.
EXCEPT THEREFRCM said tract of land, deeded to Village of Chubbuck by Deed recorded
February 5, 1965, in Book 193, No. 412662, described as follows: Commencing at the
Southeast Corner of the North Half of the North half of the Southwest Quarter of the
Northeast Quarter of said section 10, 1Township 6 South, Range 34 E. B.m.; thence
running due North 155.76 feet to the POINT OF BEGIMING; thence running due North
87.12 feet; thence due West 25.0 feet; thence due South 87.12 feet; thence due East
25.0 feet to the POINT OF MUNNING.
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