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HomeMy WebLinkAboutAmerican Heritage Inc. 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 February 13, 1996, upon the application of American Heritage, Inc. (hereinafter referred to as "applicant") for a change in land use district upon requested annexation for the real property described on Exhibit "A" hereto from R- 1 or Single Family Residential, 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 upon requested annexation to R-1 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 presently outside the city limits. 4. The property is designated as R-1 single family residential 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 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 dsc chbbck02.231 A:1.-A 39 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. The property should be annexed into the City. 6. Takings. Pursuant to Idaho Code § 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 dsc chbbck02.231 • 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 (R-1) Single Family Residential upon requested annexation. DA lED this 13th day of February, 1996. (aria}67 ayor, City of Chubbuck FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 3 deb chbbck02.231 gf;i-URTLIFF426 W. Lcw|r ' P.O. Dox 1l ' Pocatello. ldaho 83%O4-0O11 ' <2O8> 233'19s3 eNGINEERING . ' DESCRIPTION FOR AMERICAN HERITAGE New Area North Of Heritage West y4 • A tract of Land in the southwest quarter of Section 4 , Township 6 South , Range 34 East , Boise Meridian , described • as follows : BEGINNING at the northwest corner of Heritage West No . 4 , a subdivision recorded in the records of Bannock County as instrument 93018331 ; thence • Easterly along the north boundary of Heritage West No . 4 for the next five ( 5 ) courses : ( 1 ) North 89O35 / 22" East for a distance of 270 . 00 feet ; thence ( 2 ) North 87033 / 44 " East for a distance of 286 . 84 feet ; thence ( 3 ) North 89035 ' 22 " East for a distance of 160 . 00 feet ; thence ( 4) \ South 00013 ' 40" East for a distance of 1000 feet ; hnce ( 5 ) North 89035 ` 22" ' [ast for a distance of 110 . 00 feet to the northeaSt corner of • Heritage West No . 4 ; thence North 00¢ 13 / 40" West along the . west boundary of Alturas Park , ' a subdivision recorded in the' records of Bannock County as instrument 556609 for a distance of 416 . 78 feet ; thence South 89046 ' 20" West for a distance of 809 . 97 feet ; thence South 00024 / 39" East for a distance of 418 . 87 feet to the point of beginning . Comprising 7 . 7 acres , more or less . ` . December l I , 1995 HW #5 TS � -- . _ -'____--___--__ ' • • ` �' � ^ ` . .