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HomeMy WebLinkAboutAPPLICATION & DOCS - 05-00389 - Stonegate - Rezone from HDR1 to CBD~~~ w ~,,~~,,~ CITY RE:~BLI R~ AMERICA'S FAMILY CQMMUNITY D5 00389 Publication Fee $250.00 rezone Application v v Rezone Stonegate - HDR 1 to CBC ~~ ~ ~~`~2" ~V4V, ~ ~ r-- -rr- ire-application neighborhood meeting are required prior to the submittal of this application. Contact Community Development at 359-3020 x2 for details. Permit Number: Fee(s) Paid:~/No A--°~°°*~^n' e~nn.nn N,4.,. Rezone: $~_ + $250.00 o~blication Fee Current Zone: ~~~~ Cross Reference File: Requested Zone: ~ ~ G Application Inf4Amat~~ - ~ Applicant: ~vtii~A-~~ r'~C~Ci~RC-s, Lt- ~ l~~n+µCs Phone: Owner ^ Purchaser ^ Lessee Applicant's Address: 25P9 '~, ~ 2 ~ • City/ST/Zip: 2~F~~C- ~ 1 u `~'~ Recorded Owner: ~o~~Gr~ ~cl~-vc~ ~t~t-~ Phone: 2~17~- 3~ ~-- ~~' ~ Recorded Owner's Address: 5~ Eu.l c~ ~lt~ t~ . 5u rr~ /~ City/ST/Zip: ~~~'n-E , I.~A ") f> l l ~1 Contact Person (If different from above): \! a. ~-! l~ ~-C--r Phone: 2 ~d ° 3~ -- ~ «`~- Address of Subject Property: 'Z ~~ ~ 'Z N'° l.A- ~~` ~ ~~ ~ 1 ~ Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): ~ ~ 4 ~ f 3~0 ~ ~ ~ ~&~ sa~~ = ~.t19 ~- ~ Parcel Number~~l2 ~~ SE ~ ®~7 3S~'~j (sLm,~~ °1 ~ ,mac Scr~rrN ~ ~ /i~r ~ - n~ Quarter: 5 W t~ 7 Section: ~j f? Township: ~ ~~ Range: `{-G~ ~ Mapping Department must initial here to signify parcel verification: Internal Office Routing Reviewed Planning and Zoning Coordinator Review Public Works Department Legal Services Office (Category A, B, or C) Mayor Administrative Review Annexation Fee: $250.00 Rezone Fees: Less than 1 acre: 500.0 More than 1 acre, less than 5 5 to 10 acres: $900.00 Date of Notice: (Annexation Plan) DECEIVED (Can Services (Comprehensive Plan Compl~~ ' g 2005 (Approval to proceed) (Appropriate Fees Paid) CITY ~~ REXBURG Total Fees Due $ Over 10 acres, less than 20: $1500.00 $850.00 20 acres and over: $2500.00 Zoning Verification Letter: $40.00 Date of Public Hearing: PAI D OC7 1 ~ 2005 GI"~'Y CAF R~XBURG Development Information 1. Size of Property 1 8 ~ ~ ~ Square Feet (or) 13cx~o e I~ 1 Acres 2. How is the property now used? P~~t ~~°~~~ ~ °~~ QF ~~~n~ ''' ~G-- A ~'an~w•~.~~-,,~L ~y~s, ~.r~s Lr1~-~srt~,,+ r ~ M~.--y rl~~ .;.~ f ~SUtI.T~i~~ ~i1nt'C`,~ ; 3. How are the adjoining properties used? North: ~. ~ ~ Sp.LG i-i South: PA~T~Trn East: West: A ~~ ~ ~ / t~-P~ ~ y ;p~~EToti1 N~ ~ p c~C't~1 ~ai~sAC:~c 4. Are there any existing land uses in the general area similar to the proposed use? If yes, what are they, and where are they located? Nk~rL ~o~,oa (~+a~rz ~+~~~~-~ °T,.~ TJcrR~ ; -T~~v Ts~~ ~~~ ~ ©~ ~ S~rti~-. ~ ~O~ y~ fi~--'~Ti~u o-v-A-~~ Ism 'C~vv tit.rn ~c tr ~~~ i $L~-az S~u~-, 5. On what street(s) does the property have frontage? 2 ~ ~ ~-T 6. Why are you requesting annexation into the City of Rexburg? - N ~ - 7. What use, building or structure is intended for the property? ~ lC ~ ~~ ~ C7 ~~~- ~ ~ ~ L~~ ~ ~" I-1-o°~ l,c~c.,ps-t' ~ c-~ ~ ~ ~1s2 A~.. `F~.~~ ,.r~~~ ~z-sr~ t~ ~.- ~ `"('~-s 8. What changes have occurred in the area that justifies the requested rezone? EXC'~`+-+~~ ~ ~~ ~ Corm ~~c~ ~. `G~ ~t~~C' ~.r-o O ~ ~~z ~c,o 1s ~2~ l ~~~ t~..t~+~ [fin ~,~~ p~~-PM~s~Z"~ 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? 1 11. Are City services adequate to serve any future development proposed? ~~ 12. Will measures be proposed to assure that public facilities and services will be added? )r EZ~`~v tT~B'L~~ 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required? ~~'~! t fns ~P/s `&u t vrJ ~ e~ Cr ~e_~ ~ ~ ~ , ~tZ~ -A~~ G ~ 1~cZ l 14. Is the area currently sub-divided or going to be sub-divided? ~fi1r~ (~p,rf~ `-tom ~~~- ~J~~~ 15. Any additional comments? 1?;~~- N~ W~ LcX-.acCv~ /~C (t~'1~ Qt7b1~~ ~3~u-i' 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 per on or firm .`plying for annexation will agree to certain things: Curb and gutter, streets, signaling, ter and r, property sizing and location. i Signature of Applicant: ~ Date: ~" ~ - ~~ • 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. l~ `~ r~L'' 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 =~ ~~ ~ REXBLIR~ _ _ _ _ _~_~Y. - -- -- ------ AMERICAS FAMILY COMMUNITY 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax. 208-359-3024 wvuw.rexburg.ora comdev(a~rexburg.org Affidavit of Legal Interest State of Idaho County of Madison I, C~rZ~ c ~~ , Name S~~cLE Address l~`~~1-~ I i~ CYTO 1~ 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 attached, and I grant my permission to: ~l/~~ ~t--Es ~~? ~ _ °?.~ W . 13~1z.~,- Name Address ~ 1rJ~ }-~-~ 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 of the application. Dated this ~ day of ~~~~ , 20 C~ Subscribed and sworn to before me the day and year first above written. ~~~~ r ~~ ~ ~ ,.:.,}=--~~ Notary P blic of Idaho j~,N STOUT ~~~ ~ Gf v NOTARY PUBLIC Residing at: $fiATE Ot= iDAH® My commission expires: ' ZZ `l~ Madison County / City of Rexbhrg GIS ti Z U' Z r C Z y ir. z r ~ R fi Z w - T rJ e Orchard Ave. z ~ R N ~ ~ a_ z T- Z c~Q z!A~ Z y R . =z~ y r f/t ''a` n ~ T ~ P '- z r N ti m C~ G Q C. tr - rr r Z G G z Page 1 of 1 (` R G z i• rr C ;R :O 7, O m a x ro v a m ~_ d C~ z R' `- fT z N V a _a zz ~R =z Y, r r. _ d Q c c: c . - z ~ cc C rr ^ -a C ~n G '~ O7 z ~~ c C: v - T 1: r z ~ ~ ~ z v ~ r v~ C7 m `- z t• > _ z r S ~~' x• ~' ~ , ~. r T _ _ t~ z r.; i rr i. z t'- _S U i z m r` t. I. z N m p~ - r.~ ~n N 7 A N N A C _. - Oo O }: i T - M PAZ S m k C N z r; VI z C Rzz r Fr(r. mac- v> z,~~ G C' ~ Z Z SC~~' ; _ ~T ~. C v_' :I~ r zz~ m r.. ~ ~. z ~. r Q c N < 1. ` ~ N.- y -, a, c a r ~ r z r.• N z T N Z _ rr U' - z ~ N yz ~ ~ 2 R m z vy 2 Q z z r N A A r r Z z http://agentsmith/intranet/arcims/printable. aspx?MapURL=http://agentsmith/output/arcIM... 1 / 18/2006 r • 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, February 08th, 2006, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from High Density Residential One (HDRI) to Community Business Center (CBC). The said property is located at 258 South 2"d West in Rexburg, Madison County, Idaho, and more particularly described as follows: Beginning at a point 88.5 feet south of the Northeast corner of Lot 4 in Block 7 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence south 60 feet; thence west 130 feet; thence north 60 feet; thence east 130 feet 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 February 07th, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 13th day of January, 2006. Published: January 24th, 2006 February 04th, 2006 CITY OF REXBURG By ~~~ ~_ 1 \ Blair D. Kay, City Clem _~ an `~°' ~ ~ 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, February 08`h, 2006, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from High Density Residential One (HDR1) to Community Business Center (CBC). The said property is located at 258 South 2"d West in Rexburg, Madison County, Idaho, and more particularly described as follows: ~, Lot 4, Block 7, of the South End Addition to the City of Rexburg, Madison County, Idaho. 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 February 07th, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 13th day of January, 2006. CITY OF REXBURG By ~ _, 7 ~'` Blair D. Kay, City Cler), Published: January 24th, 2006 February 04th, 2006 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, January O5, 2006, at 7:15 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from High Density Residential One (HDR1) to Community Business Center (CBC). The said property is located at 258 South 2°d West in Rexburg, Madison County, Idaho, and more particularly described as follows: Lot 4, Block 7, of the South End Addition to the City of Rexburg, Madison County, Idaho. At such hearing the Planning & Zoning Commission 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 December 04, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 16th day of December, 2005. CITY OF REXBURG By ~ , ~ _ 1~ Blair D. Kay, City Clem Published: December 20, 2005 December 31, 2005 ~ a NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, November 17, 2005, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from High Density Residential One (HDRl) to Community Business Center (CBC). The said property is located at 258 South 2"d West in Rexburg, Madison County, Idaho, and more particularly described as follows: Lot 4, Block 7, of the South End Addition to the City of Rexburg, Madison County, Idaho. At such hearing the Planning & Zoning Commission 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 November 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 25th day of October, 2005. CITY OF REXBURG By ~~~ ~, t 1 Blair D. Ka Cit Clerk Y~ Y Published: October 29th, 2005 November 12th, 2005 e R~"~~s f i i Y O F ~,~ o ~VnTmG PLANNING & ZONING 1V7V1~ FINDINGS OF FACT An+eri~a's Family Cmm~+unity 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburq.org cathyw@ci.rexburg.id.us Stonegate - 258 S 2"d W Rezone 1. On October 6, 2005 Van Elg presented to the Rexburg Planning & Zoning Secretary a Request and Application for a Rezone from High Density Residential One (HDRI) to Community Business Center (CBC). The property is located at 258 S 2° W. 2. On October 25, 2005, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for October 29, 2005 and November 12, 2005. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On January 5, 2006, the rezone request was presented before the Planning & Zoning Commission. Commissioner David Stein motioned to recommend to City Council to change the zoned property from HDRI to General Business District (GBD) recognizing that it is consistent with the comprehensive plan. Commissioner Charles Anderson seconded the motion. None Opposed. Motion carried. 4. On February 08, 2006, the Zone changed from High Density Residential One (HDR1) to Community Business Center (CBC) at 258 South 2°d West (Stonegate, Rexburg Housing.) The City Council was notified that the Planning and Zoning Commission recommended a General Business District, (GBD) Zone. Planning and Zoning Administrator Kurt Hibbert explained the difference between Community Business District and General Business District to the City Council. CBC allows more options for commercial development. Council Member Erickson moved to approve the zone change from HDR1 to GBD; Council Member Benfield seconded the motion; all voted aye, none opposed. The motion carried. v First titan Tit1.e Company ' WARRANTY DEED For value Received SCOTT D. IQDD, a.k.a. SCOTT DAVID I~DD and TIIiZAH L. KIDD, a.k.a. TII2ZAH LEE I~DD, husband and wife; GEORGETOWN PROPERTIES, L.L.C, an Idaho Limited Liability Company AND K.S.T. PROPERTIES, L.L.C., an Idaho Limited Liability Company, Hereinafter called the Grantor, hereby grants, bargains, sells & conveys to GEORGETOWN AND ARBOR COVE, LLC, an Idaho Limited Liability Company whose address is: 9339 South 1300 East, Sandy, Utah 84094 Hereinafter called the Grantee, the following described premises situated in Madison County, Idaho, to-wit: Commencing at a point 90 feet South of the Northeast corner of Lot 1, Block 7 of Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, running thence West 300 feet; thence North 90 feet; thence West 25.5 feet; thence South 330 feet; thence East 325.50 feet; thence North 240 feet to the point of beginning. SUBJECT TO an easement for egress artd ingress along the West 25.50 feet. Commencing at a point 82 feet West of the Northeast corner of Lot 1, Block 7 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running West 118 feet, thence South 90 feet; thence East 118 feet; thence North 90 feet to the point of beginning. Commencing at the Northeast comer of Lot 1, Block 7 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 82 feet; thence South 90 feet; thence East 82 feet; thence North 90 feet to the point of beginning. i + Commencing at a point 107.25 feet East of the Southwest corner of Lot 2, Block 7, of L^ ' the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the .~ ~$J recorded plat thereof, running thence East 122.75 feet; thence South 132.00 feet; thence ''ly {11 East 100.00 feet; thence North 38.00 feet; thence East 180.00 feet; thence North 94.00 •J '-'~ feet; thence West 175.50 feet; thence North 165,00 feet; thence West 62.26 feet; thence ~- ~ Sout6 66.00 feet; thence West 57.75 feet; thence South 3.00 feet; thence West 107,25 ---~ feet; thence South 96.00 feet to the point of beginning. 4.n 4" a~ Commencing at the Southwest corner of Lot 4, Block 7 of the Southend Addition to ~ Y. the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and i ~! t running thence East 41.00 feet; thence North 82.5 feet; thence East 140.50 feet; thence North 99.00 feet; thence East 18.50 feet; thence North 60.00 feet; thence West 20.00 feet; f (~ ~ thence South 5.50 feet; thence West 180.00 feet; thence South 236.00 feet to the point o 3 ~'' beginning. '.'r---- -- ~ --~` ,y ~ SUBJECT TO an easement for ingress and egress along the West 29 feet of said property. ,Beginning at a point 88.5 feet South of the Northeast corner of Lot 4 in Block 7 of the Idaho, as per the recorded Madison County bur f R i -~ , g, ex ty o Southend Addition to the C and running thence South 60 feet; thence West 130 feet; thence North 60 lat thereof •-..,.. . , p ..~ feet; thence East 130 feet to the point of beginning. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present yeaz taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Cttantee's heirs and assigns forever. And the said Gramor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free fmm all encatnbrances except current years taxes, levies, and assessments, and except U. S. Patent reservafions, restrictions, easements of record, and easements visible upon the premises; and that Grantor will warrant and defend the same from all claims whatsoever. IflStftlfflEtlt # 285138 REXBUR<i tiMp80N, IDAHO Warranty Deed Page 1 of 2 R~ ~t ~ ; flRST AMERICAN TITLE. 2 NNRO.YN R. Rp3MU33EN ~ ~~rt ~l woe: 6.00 Ex-ORkb Recorder Deputy / y