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HomeMy WebLinkAboutAPPLICATION & AFFIDAVIT - 05-00208 - Madison School District - Rezone to Professional Office~~~ CITY R.~:xBUR~ Nv1ERfCA'S FM11LY COMMUNf1Y ~T 19 E. Main (PO Box 280) Rexburg, Idaho 83440 www.rexburo.org Annexation/Rezone ~ 05 00208 Rezone Madison School Dist. Note: Apre-application conference with staff and apre-applica, _ _ _ the submittal of this application. Contact Community Development at 359-3020 x2 for details. Permit Number: Current Zone: Requested Zone: p0 - 0 5si .~.rniC~ Fee(s) Paid: Yes/No Annexation: ~~66°68 Rezone: $ ,~0~ Cross Reference File: Application Information ~'N' ~` ~Q CL~ X'~ ~ ~ ~ ~ ~~ ~ ~ Applicant: ~C~~~ c-~i~166~ ~lvft'~~~'3Z/ Phone: 2~_~ ~~l~?7~"n ^ Owner ~ Purchaser ^ Lessee Applicant's Address: 2.9D /(~ _~-~ ~ , City/ST/Zip: ~j ~ ~~ Recorded Owner: U2e. iw~~svt. Phone: $/~-'] Recorded Owner's Address: 2 ~ City/ST/Zip: p, C -"" D Contact Person (If different from above,: Phone: - 3~i'~j Address of Subject Property: 3 N -f-~, Property Description (You must attach the Lot, Block & Subdivis'on n e or recorded deed with a metes and bounds description): Lp~ Zj~ g(~ 1 ~p ~~eZ (~P2d QEt~~~ Parcel Number: RQ R~ X $ /Dl~v3~7b Quarter: Section: Township: Range: Mapping Department must initial here to signify parcel verification: Internal Office RoutinE Reviewed Planning and Zoning Coordinator Review (Annexation Plan) Public Works Department (Can Services Legal Services Office (Category A, B, or C) (Comprehensive Plan Complaint) Mayor (Approval to proceed) Administrative Review (Appropriate Fees Paid) Annexation Fee: $250.00 Publication Fee: $250.00 Total Fees Due $ Rezone Fees• Less than 1 acre: $500.00 More than 1 acre, less than 5: $850.00 5 to 10 acres: $900.00 Date of Notice: Over 10 acres, less than 20: $1500.00 20 acres and over: $2500.00 Zoning Verification Letter: $40.00 Date of Public Hearing: Development Information 1. Size of Property /~, 33~ Square Feet (or) 2. How is the property now used? ~~~ Nq ~~ tQ, ~,~, ~ ~ y ~e~ ~~ • ~ $ Acres 3. How are t North South East: West; 4. Are there any existing land use`spin t e general area similar to, t~Ie proposed use? If yes, what are they, and where arenthey 1 Gated? i 'fi'r ~ ~' o ~ZCe~e. ~ wt t ~ ~ ~r 5. On what street(s) does the property have frontage? ~,~{- ~.~~ 6. Why are you requesting annexation into the City of Rexburg? N ~IY' 7. hat use, building or tructure is intended for the pro erty? ~-c~~ ~ (.~,~,~2.-~~ ~ ~b'~' I cc9~r'EC~ 8. W at c anges ave occu e m t e area at~us i ies the~reques ed rezone. 9. Will this zone change have an impact on the schools? 10. Are water and sewer facilities, streets, fire and police presently serving this area? ~/P~5 11. Are City services adequate to serve any future development proposed? 12. Will measures be proposed to assure that public fa~ilit~es and services will be added? ~/{~~ 13. Is the site lame enough to ncec narlrina and hnfferina ramiirer~7 15. Any additional comments? Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be processed if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 1. A formal traffic study will be required for a retail sales area more than 75,000 feet; Schools for more than 100 students; Apartment complex with 50 apartments or more. 2 • • 2. Before annexation, the person or firm applyi g for annexation will agree to certain things: Curb and gutter, streets, signali and sewe pr erty sizing and location. Signature of Applicant: ° Date: ~ ~~ ~~ f 3 • Additional Submittal Requirements: `The City of Rexburg requires the following information to be submitted to the Planning & Zoning Secretary for every application for annexation: 1. Current Vicinity Map. (8 %2 x 11"" at 1" = 300' scale, showing location and current zoning of the property. A map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed on a separate page. All land descriptions must be certified by a land surveyor registered in the State of Idaho. a. Description shall mathematically close. b. Descriptions shall be provided for the perimeter of the total area for which annexation is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. c. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as may be identified by the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. 4 ~~~ y • • ~ CITY REXBLIR~ AMERICA'S FAMILY COMPNUIVlTY ~_S Affidavit of Legal Interest State of Idaho County of Madison I, ~ QAI G . . `t"~~K~~~DI~ Z 3Z- ~®• .Z~ ~/f5T Name Address ~~xRu~eG ~D~4~-a City State Being first duly sworn upon oath, depose and say: (If Applicant is also Owner of Record, skip to B) A. That I am the record owner of the property described on the a tached, and I grant my permission to: ~A-D15~i11 L D/57~'/CT32~ 24d~1-~L;9ST"~~~~~~ ..~b~.3S~l~o Name Address to submit the accompanying application pertaining to that property. B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herin or as to the ownership of~the property which is the subject ofTthe application. Dated this o~ / day of .l Ll/~~ , 20 4 5~ Si ature Subscribed and sworn to before me the day and year first above written. \~~\\\\u l u n u 111////~ ~,-~ ., ~ ,! ~, ~~~~~~`~~` ~~,P B ~ Yq,y ii~~i/// Notary Public Idaho ~ - Residing at: t ~ ~~NOTARY`• * PUBLIC ~, •~p, ~ My commission expires: ~ " ~ ~ -~ ~~/ ~ //(11111111\\~ 5 THIS INDENTURE, a this-.....-6th day ot..._..__........ Se-ptember - 19.7.9__, betR,een _ ---DON R,-- DA c.nd PEGGY-- ANN- DAVIES-, -.husband. wife --.. ~_ . I ----- ° - - - ---- ----------- -- --.--- --------------------------------- - -- ...---...... ... .... .... ...... _. °t ---_Rt,---1-Box-25~ir--Rigby-- ,County of ......_-.....Jefferson.. -- ......, State of ..............Idaho-._ - the party of the first part and ------------------DEE_. PARKIN,SQrLs~.nd...AQ1~iN.l~...P.A.RK.2NSCtis._. _-..-.... . - - ---- -- ---- -....-- ------------------- -- ------ ----- ---- ------ - -husnaDd ..~x~.d...~~.f e - ---- -- ...... - ---- ...... __ ... of ..232_.Ldo.....lst..~--~.-tir3---..-.., County of.._.- .. - -_.Madison--------------------_..., State of _ Idaho . , the party of the second part, WITNESSE4'H, that the said party of the first part, for and in consideration of the sum of ......._ ----TEN AND NO/100 - --, - - - - - -. - - - - -- - -- - --...'.._'. - -. __. _ .-_ .....Dollars lawful money of the United states of America ...........and other valuable consideration.___- - _ , to party of the first part in hand paid by the party of Ehe second part, the receipE whereof is hereby acknowledged, has granted, bargained, sold, and by these presents, does grant, bargain, sell and convey and confirm unto the said party of the second part, and to party of the second parts heirs and assigns, forever, all fhe following described real estate sifuated in .----------.-----.---.----Re7Cbut'J.........._..-.......----------_,--------_......., County of._..---_-.Mc"id1SQn.__ _-_ , State of Idaho, to-wit: Cam~cing at the Naittaaest Corner of Lot 3 in Block 16 of the Original Townsite of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence South 6 rods, thence EaS'~ 10 rods, t'~ence North 6 rods, theme West 10 rods to the point of beginning. S'CIDJFX_T TO that certain Deed of Trust from Don R. Davies and Peggy Ann Davies, husband aixl'wife, C~'antors; tD First Security Bank of Idaho, Trustee and First Security Savings arxi.Loan Associat„i.~, Beneficiary, dated July 9, 1975, re~rded July 10, 1975, as InstYU- ment No. 156758, records of Madison County, Idaho, which has an approximate balance of $19s300.00 and which 2nd Parties herein, by their acceptance of this deed, agree to assume and pay according to its terms ar~d conditions. TOGETHER with all and singular the tenements, hereditaments and appurtenarn;es fhereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and rents, issues and profits thereof; and all estate, right, title and interest in and to the said ,property, as well in law as in equity, of the said party of the first part, TO HAVE AND TO HOLD, all and singular the above mentioned and described premises together with the appurtenances unto Ehe party of the second part, and to party of the second part's heirs and assigns forever. And the said party of the first part, and said party of the first part's Heirs shall and will warrant and by these presents for- ever defend the said premises in the quiet and peaceable possession of fhe said party of the second part, and party of the second part's heirs and assigns, against the said party of fhe first part, and party of the first part's heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same. In construing this deed and where the context so requires, the singular includes the plural. IN WITN ~REOF, the said party of the first psrt-`here~o has this hdiid~ .. ~ , Don R. Davies n ~ -Peggy Ann Davies ~ STATE OF IDAHO, .... - _..... ss. I ; County of .----.------Madison.----....-_--. . !, On this ------.- ~.~th- - - ...............day of _....... -. September--- --.........._.-........in the year Ig._79.., before me ----------------------the --undersi-gned--.-.-__._._- __.---, a Notsry Public in and for said State, personally appeared _ DOlC-_.R_ DAVIES .and PEGGY--ANN DAVIES1_ husband. -and_-wife ._ ___.- _ _ , - ' - known to me to be the persons..whose name. B .....are.......subscrfbed to the within instru- ment, and acknowledged to me that .they- executed fhe same. IN WIT NESS WHEREOF, 1 haven set my hand a affixed my official (SEAL) seal the day and year in this certificate st abo writfe ~ .; _._ ,/ Notar ubl' r the State of Idaho - -. ' ' ~ ' .: ~ `- Residing at.-._.-`-.-. exbur,g.-...- ., Idaho. ^ ' ..' _ W r ~ [ ~° o-;g ~ a (1 A ~ o :" d r a w ~ ~ a u _ ~ c ~ . i ~? ~ C„y C o ~ q "-~ a w %: ~ b '~ ~ ~ :: ~ at • G rc o O O •~ ^ ~ ~ '~ ~~ ~ z O ,~/ ~ ~ W d ~ A (~ w ~ ~; Q ~ Q p W ~ F~Nr/y ; ~ ~ a .p 00; ~l.J Ui a ' A 'r q o ° q U 3 m o D o w ° ~ a ni ~ ' as ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of the City of Rexburg, Idaho, Wednesday, August 17d', 2005, at 8:00 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Low Density Residential Two (LDR2) to a Professional Office (PO). The said property is located at 232 North 1 gc East, in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at the Northwest Corner of Lot 3 in Block 16 of the Original Townsite of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence South 6 rods, thence East 10 rods, thence North 6 rods, thence West 10 rods to the point of beginning. At such hearing the City Council will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on August 16, 2005. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 29th day of July, 2005. CITY OF REXBURG Blair D. Kay, City Clerk -'~ Published: August 02nd, 2005 August 13~', 2005 ~~~,~ G-TY OF • RExBUR~ AMERICA'S FAMILY COMMUNITY ~ 9 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburg.orst cathyw(~ci.rexburg.id.us Facts of Finding Rezone of Madison School District #321 1. On July 14, 2005, Madison School District #321 presented to the Rexburg Planning & Zoning Secretary a Request and Application to rezone 232 N 1 St E from LDR2 to PO. 2. On July 1, 2005, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for July 5, 2005 and July 16, 2005. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On July 21, 2005, Varr Snedaker presented to the Rexburg Planning & Zoning Commission the Request for approval of the rezone for 232 N 1St E. Mr. Snedaker explained that they plan to keep the exterior of the home the same and remodel the inside to accommodate the three techs and the computers that will be using the facility. There is plenty of parking on their adjacent property. Commissioners suggested having a buffer in between the home and the neighborhood and to make sure that the lot is well kept. Randall Porter motioned to recommend to City Council that they grant the rezone as asked for by the applicant subject to the staff review and consideration to the concerns the Commission discussed about the lots and weeds. Mary Ann Mounts seconded the motion. None opposed. Motion carried. 4. On August 17, 2005, Varr Snedaker at 148 South Stl' West (representing Madison School District), provided some background on the request for approval to rezone this property. It is a home south of the School District Offices they plan to use the home for computer networking for the School District. They will have plenty of parking. P&Z Administrator Hibbert mentioned that the zoning would change from LDR2 to Professional Office. Varr Snedaker indicated that the home is planned to be a Computer Tech Office for the School District. City Attorney Zollinger indicated that the zone change could be conditioned upon rational parameters that would require the home to be maintained in a yard-like fashion. Council Member Young moved to grant the zone change as requested with the condition that the School District maintain the residential flavor of the neighborhood; Council Member Benfield seconded the motion; Discussion: Council Member Erickson asked for a good faith letter from the School District to maintain the residence as a home in the neighborhood. Council Member Pugmire discussed changes in the motion to help maintain the yard in a yard-like fashion. Council Member Young moved to amend his motion to change from LD122 to Professional Office Zone with the current structure being remodeled on the inside and the grounds being maintained in a yard-like fashion. Council Member Benfieid concurred with the second. All voted aye, none opposed. The motion carried.