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0694 Change of Land Use - Keith Robinson Property 2011219C9936r CITY OF CHUBBUCK, IDAHO `�► ORDINANCE NO. 694 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 COMPATIBLE WITH THE CITY'S COMPREHENSIVE PLAN; AND PROVIDING WHEN THIS ORDINANCE IS 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: 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 22' day of February, 2011. ATTEST: teven England, M r E= c. Richard MorX, City Clerk ORDINANCE - Page 1 Chubbuck 020311 robinson bhange in lud.wpd CITY OF. CHUBBUCK 219C9�641. W� of NEGNEaNEh, Section 10, Township 6 South, Range 34 E.B.M., Bannock County, Idaho, except a parcel described as follows: Beginning at a point which is North 89017'09" West, 330.0 feet from the Northeast corner of Section 10, Township 6 South, Range 34E.B.M•, thence North 89017'09" West, 132 feet; thence South 0057'55" 330 feet- thence South 89017'09" East, 132 feet! thence North 0057' 55" Pest, 330 feet to the Point of Beginning... SUMMARY OF ORDINANCE NO. 694 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 in the 400 block, South side of East Chubbuck Road; from Limited Residential ®-2) to General Commercial (D-2); declaring that the city council finds that such change in land use pattern is compatible with the City's comprehensive plan; and providing when this ordinance is 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. 694 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this L e2day of February, 2011. SUMMARY OF ORDINANCE NO.694 - Page 1 chubbuck 022211 sum 694.wpd PROOF OF PUBLICATION STATE OF IDAHO County of Bannock LN18483 KAREN MASON being first duly sworn on oath deposes and says: that SHE was at all times herein mention a citizen cmc of CHUBBMIr, K)AW of the United States of America more than 21 ORENNAt4M NO. GIN years of age, and the Principal Clerk of the Idaho AN ORDINANCE OF THE CITY, OF CHUBBUCK, IDAHO, PROVIDING FOR State Journal, a daily newspaper, printed and CHANGE OF LAND USE DISTRICT published at Pocatello, Bannock County Idaho and WITH RESPECT TO CERTAIN LANDS WITHIN THE BOUNDARIES OF THE having a general circulation therein. CITY OF CHUBBUCK; FROM LIMITED That the document or notice, a true copy of which RESIDENTIAL (R-2) TO GENERAL �ERCIAL (C-2?; DECLARI THAT `THE is attached, was published in the said IDAHO CITY COUNCIL FINDS. THAT SUCH CHANGE IN LAND USE STATE JOURNAL, on the following dates, to - PATTERN IS COMPATIBLE WITH THE CITY'S COMPREHENSIVE PLAN; AND PROVIDING WHEN THIS ORDINANCE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUB- -BUCK, IDAHO: SECTION 1. Change of Land Use Dis- trict. The land use district establlshed by ,the Chubbuck Land Use Ordinance, with respect to the lands described be- low, located within the boundaries of the City of Chubbuck, are hereby changed as Indicated: 400 Block, South side of East Chubbuck Road- Keith Robinson P Ily described on the attached xhiblt. Council passed this Zone Change sitar grapriate ppublic hearings on Novem 11, 1997 but the Ordinance was -never-adopted.) SECTION 2. Comprehensive Plan. The Mayor and Council find, and therefore declare, that the foregoing chances in the Land Use Districts estabiahed in Ti- re 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 Ordi-' Hance she become effective upon its passage, approval and publication as provided by law. PAS$ED BY THE MAYOR AND COUN- CIL OF THE CITY OF CHUBBUCK, IDAHO, this 22nd day of February, 2011. /s/Steven M. England Steven M. England, Mayor ATTEST: /s/Richard Morgan Richard Morgan, City Clerk wit: _Feb._28_2011 2011 2011 2011 2011 2011 2011 2011 That said paper has been continuously and uninterruptedly published in said County for a period of seventy-eight weeks prior to the publication of said notice of advertisement and is a newspaper within the meaning of the laws of Idaho. STATE OF IDAHO COUNTY OF BANNOCK On this 28th.of Feb. in the year of 2011, before me, a Notary Public, personally appeared KAREN MASON Known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he executed the same. Notary of Public � Residing at Arimo exp.2/2015 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. HOLMES E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 February 11, 2011 Rich Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: Enclosed is Ordinance 694 with the permission and the title corrected. I also enclose a summary for publication in the newspaper. I always try to provide these summaries with ordinances however occasionally I forget to send it. Don't hesitate to remind me as the summary can save considerably on publication costs. Sincerely, Thomas J. Holmes TJH/ah chubbuck022311.1l.wpd Enclosures 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. HOLMES E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 March 14, 2012 Richard Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Ricli: Enclosed is the ordinance changing the Land Use District for what used to be known as the Keith Robinson property from R-2 to C-2. I recited in Sectionl the history that leads to this. Please place this on the next Council agenda so we can move this forward. Sinceply, Thomas J. Holmes TJH/ah chubbuck031412.13.wpd Enclosure cc Paul Andrus