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NOTICE OF HEARING ON APPLICATION FOR CONDITIONAL USE PERMIT # 2011-14-CU

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Posted: Friday, January 13, 2012 12:46 pm

NOTICE OF HEARING

ON APPLICATION FOR CONDITIONAL USE PERMIT

# 2011-14-CU

NOTICE IS HERBY GIVEN that a hearing will be held on Thursday, the 16th day of February, 2012, at 2:00 O’clock P.M., at the Burley City Council Chambers, 1401 Overland Ave, Burley, Idaho before the Cassia County Planning & Zoning Commission on the application of Tessenderlo Kerley, Inc., 2255 N. 44th Street, Suite 300, Phoenix, Arizona 85008 regarding an Application for Conditional Use Permit, which application was received by the County on the 16th day of December, 2011, for the purpose of expanding the Tessenderlo Kerley, Inc. facility to include production of Ammonium Thiosulfate liquid fertilizer.

The property is located on lands at approximately 480 South 260 West, Burley, Cassia County, Idaho more particularly described as follows:

That portion of Parcel 4 in Section 14, Township 11 South, Range 22 that is West of the Eastern Idaho Railroad right-of-way, more particularly described as follows:

Parcel No.4:

Township 11, South, Range 22 East of the Boise Meridian, Cassia County, Idaho.

Section 14:

W 1/2 SE 1/4 South of the Third Lift Canal, Except the Railroad right-of-way.

Also: Beginning at a point 75 feet North of the Southwest corner of the E 1/2 SE 1/4 of said Section 14;

Thence East 651 feet.

Thence North to the center of the Third Lift Canal of the Burley Irrigation District;

Thence Northwesterly along said canal to the West boundary of the E 1/2 SE 1/4;

Thence South to the Point of Beginning.

Such lands are located within the Prime Agricultural zone. Pursuant to the Cassia County Zoning Ordinance a Conditional Use Permit is required for development in said zone.

The applicant will appear at this hearing to provide to the Cassia County Planning & Zoning Commission all the information required for issuance of a conditional use permit for the proposed use under the Cassia County Zoning Ordinance, before such permit can be issued.

A copy of the Application for Conditional Use Permit, including relevant maps, and drawings, and information concerning the hearing process is available for review by the public at the office of the Zoning Administrator, Room #4 in the basement of the Cassia County Courthouse, 1459 Overland Ave., Burley, Idaho, prior to the hearing.

All other interested persons are invited to attend the hearing on the question of issuance of the requested conditional use permit. Such other interested persons are advised that in order to participate in the hearing, the following regulations apply:

Conditional Use Permit Notice of Hearing

A. Written Statements of Support or Objection: All persons to whom notice is mailed shall be advised that they and others who can establish that their substantial rights would be affected by the approval or denial of the permit may file written objections or supporting statements with the planning and zoning commission secretary, 1459 Overland Ave. Rm 4, Burley, ID 83318, no later than 10 (10) days prior to the hearing setting forth in that writing that person’s support or objection to the issuance of the new conditional use permit.

1. Written objections shall set forth each requirement of law (local, state or federal) which the objecting party believes the conditional use permit would violate.

2. Written statements shall also set forth either that the party making the statement owns property within one (1) mile of the external boundaries of the conditional use permit site described in the application and/or otherwise setting forth the substantial rights that would be affected by the approval or denial of the permit.

3. Additionally, any party desiring to file any documents(s) exceeding one (1) one-sided, 8 1/2” x 11” sized page, shall file such document(s) at least ten (10) days prior to the hearing, with the planning and zoning commission secretary. The planning and zoning commission reserves the right to reject any proffered documentation that violates the intent of this regulation.

B. Proving Testimony at the Public Hearing: Any person who files a statement in support or objection to the issuance of a new conditional use permit shall indicate in such statement whether or not such person desires to testify at the hearing.

1. Prior to the hearing the planning and zoning commission shall determine which of those persons who desire to testify will be permitted to testify at the hearing.

2. All statements of support or objections shall be made a part of the record at the hearing, but no person except the applicant shall be permitted to testify at the hearing unless they have previously filed a written statement of support for or objection to the issuance of the permit.

DATED this 5th day of January, 2012.

Signature: Dawn Kominsky

Applicant Printed Name: Dawn Kominsky

Publish January 12, 2012

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