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�.J 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 December 12, 1995, upon the application of Bowen
Petroleum Co., (hereinafter referred to as "applicant") for a change in land use district
for the real property described as Lot 12, Bonniebrae Acres Subdivision 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 A-2 to I for the real property
described.
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 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.
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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 as Lot 12,
Bonniebrae Acres Subdivision.
DATED this air day of. Januar1996.
ifiNf
Mayor, ity of Chubbuck
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