HomeMy WebLinkAboutAPPLICATION & DOCS - 05-00468 - Clint Galbraith - 64 S 3rd W & 330 W 1st S - Rezone from MDR1 & CBC to LIo
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CITY U'i-
RExBUR~
AMERICA'S FAMILY COMMUNfIY
19 E. Main (PO Box 280)
Rexburg, Idaho 83440
www.rexburg.org
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Phone: 208-359-3020 x326
Fax: 208-359-3024
comdev(a~rexburQ.org
CtP ~. ~ g t oy ~.~{ 3q o ~' 330 (~erw~'C
Annexation/Rezone Application ~ 5 ~~ ~{ (~ S
Note: Apre-application conference with staff and apre-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: Yes/No Annexation: $500.00
Rezone: $ + $250.00
1'Y1U~~ for Publication Fee
Current Zone: ~~ S i ~~~~ ~ ~~-~- ,yC,?~~.~ Cross Reference File:
Requested Zone: ~~ L~~~ fn~N~(-~1
Application Information "'~~~356~ p!~$
Applicant: L~n7'~ L• ~~I/~r~G/~ Phone~~~~~~rj'~o "3JQ~
Owner ^ Purchaser o Lessee
Applicant's Address: 33.?z9 ~241DS City/ST/Zip: Pte. iir-~ 83yy0
Recorded Owner: ,~~P Phone: -
Recorded Owner's Address: City/ST/Zip: ~-
Contact Person (If different from above): Phone:
Address of Subject Property: Gi/e~ f / S+' Urdu-S~
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number:
Quarter:
Section:
Township:
f
Range:
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 Publication Fee: $250.00
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:
Total
Over 10 acres, less than 20: $1500.00
20 acres and over: $2500.00
Zoning Verification Letter: $40.00
Date of Public Hearing:
(Annexation Plan)
(Can Services
(Comprehensive Plan Complaint)
(Approval to proceed) f ~j~Z~
(Appropriate Fees Paid) ~~
oEC 2 e'2oo5
rte ~~'~ rc+l
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Development Information
1. Size of Property ~ 3~ (p ~Z , S Square Feet (or) Acres
2. How is the property now used? ~QCQ~L ~ ~ f
3. How are the adioinin~ nronerties used?
North
South
East:
West;
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? ~ S ~ ~ ~ c( Wl ~e c ' u
5. On what street(s) does the property have frontage? / ~~ ~So~,~%/~„
6. Why are you requesting annexation into the City of Rexburg? ~ ,¢,¢
7. What use, building or structure is intended for the property? ~~'/G?~r y~ ~N cS~~c s~ /OaG~rhg~
o/.
10. Are water and sewer facilities, streets, fire and police presently serving this area? ~!~ S
11. Are City services adequate to serve any future development proposed? ~ PS
12. Will measures be proposed to assure that public facilities and services will be added? ~-/~~
13. Is the site large enough to accommodate the proposed uses, parking, and buffering required?
S/ z°5
14. Is the area currently sub-divided or going to be sub-divided? ~/fl
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
9. Will this zone change have an impact on the schools? 111
2. Before annexation, the person or firm applying for annexation will agree to certain things: Curb and
gutter, streets, signaling, water and sewer, property sizing and location.
Signature of Applic Date: //~lZ~~S"
R FX R R /v/~_ ~~i ~ ~ ~11~1 C!~11 ~4
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`7q~ AMERICA'S FAMILY COMMUNFFY ~19 E. Main (PO Box 280), •~ Phone: 208 359-3020 x326
Rexburg, Idaho 83440 Fax: 208-359-3024
www.rexburp.orq comdev(a~rexburg.org
Affidavit of Legal Interest
State of Idaho
County of Madison
Name Address
city
Being first duly sworn upon oath, depose and say:
/cl ~ B3 yy~
State
(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:
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 of the application.
Dated this ~ ~ day of %~c~a~e~~~-~ , 20 d S~
Subscribed and sworn to before me the day and year first above written.
`````~~ ~~ W u I I u r-~~ i ~ i~ i
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Notary Public
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Residing at:
My commission expires:
ALLI!'®NCE
7 1 T L[ • [ S G R O W C O R P.
WAlZRANTY DEED
For Value Received
LASH J. LAKER and OPAL LAKER, husband and wife
the grantor(s), do(es) hereby grant, bargain, sell and convey unto
CLINT L. GALBRAITH and JANEENE P. GALBRAITH, husband and wife
whose current address is t~C~
3339 WEST 6200 SOUTH
REXBURG, ID. 83440
the grantee(s), the following described premises, in MADISON County IDAHO, to wit:
COMMENCING AT A POINT 75 FEET EAST OF THE SOUTHWEST CORNER OF LOT 4 BLOCK
42 OF REXBURT TOWNSITE, MADISON COUNTY IDAHO, AND RUNNING THENCE EAST 75
FEET; THENCE NORTH 11 RODS; THENCE WEST 75 FEET; THENCE SOUTH 11 RODS TO
THE POINT OF BEGINNING.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,heirs
and assigns forever. And the said Grantor do hereby covenant to and with the said Grantee(s), that (s)he is/are
the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Subject to all
existing patent reservations, easements, right of way, protective covenants, zoning ordinances, and applicable
building codes, laws and regulations.
and that (s)he will warrant and defend the same from all lawful claims whatsoever.
Dated: July 7,1998
LASH J. LAKER O L LAKER
STATE OF IDAHO, COUNTY OF MADISON
On this 7TH day of JULY, 1998
before me, a Notary Public in and for said State, personally
appeared
LASH J. LAKER
OPAL LAKER
known to me to be the person(s) whose name(s) 7
subscribed to the within instruments and acknowledged to H~.:l~n~r~. ~ ~A
me that they executed the same.
T~T~,.,,,, T';, • ., ~ -,r T,. 177/\
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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 7:05 p.m., in
the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a
zone change from Medium Density Residential (MDRl) to Community Business Center (CBC).
The said parcel is located at 330 West 1St South in Rexburg, Madison County, Idaho, and more
particularly described as follows:
Commencing at a point 75 feet east of the southwest corner of lot 4 block 42 of the Rexburg
Townsite, Madison County Idaho, and running thence east 107 feet; thence north 11 rods;
thence west 107 feet; thence south 11 rods to the point of beginning.
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 January 04th, 2006.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and
all amendments thereof.
DATED this 15th day of December, 2005.
CITY OF REXBURG
By T.~7~,a,(j~, ~ 't'
Blair D. Kay, City Clerk
Published: December 20th, 2005
December 31, 2005
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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, April 20, 2006, at 7:30 p.m., in the
City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a
zone change from Medium Density Residential (MDR1) and Community Business Center (CBC)
to Light Industrial (LI).
The said parcels are located at 64 South 3rd West, 330 West 1St South, and 336 West 1st South in
Rexburg, Madison County, Idaho, and more particularly described as follows:
Commencing at the Southwest corner of Lot 4 Block 42 of the Rexburg Original Townsite, and
thence continuing NO°14'12"W 181.5 feet; thence N89°45'01"E 330 feet; thence SO°13'10"E to
the west side of the Railroad right-of--way 48.88 feet; thence along said right-of--way
S30°08'26"W a distance of 153.72 feet; thence S89°44'40"W 252.25 feet to the Point of
Beginning.
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 April 19th, 2006.
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 March, 2006.
CITY OF REXBURG
By~ ~~~, ~~
Blair D. Kay, City Clem
Published: Apri101 st, 2006
April 15th, 2006
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, May 17, 2006, at 8:15 p.m., in the City Council
Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change
from Medium Density Residential (MDRl) and Community Business Center (CBC) to Light
Industrial (LI).
The said parcels are located at 64 South 3`d West, 330 West 1St South, and 336 West 1St South in
Rexburg, Madison County, Idaho, and more particularly described as follows:
Commencing at the Southwest corner of Lot 4 Block 42 of the Rexburg Original Townsite, and
thence continuing NO° 14' 12"W 181.5 feet; thence N89°45' O 1 "E 330 feet; thence SO° 13' 10"E to
the west side of the Railroad right-of--way 48.88 feet; thence along said right-of--way
S30°08'26"W a distance of 153.72 feet; thence S89°44'40"W 252.25 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 April 16th, 2006.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and
all amendments thereof.
DATED this 27th day of April, 2006.
CITY OF REXBURG
OyRP~R9I.
i~~~~glF OF 1OP~\`\`~~~ Blair D. Kay, City Clem
Published: Apri129th, 2006
May 13th, 2006
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Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
1 O~REXBURC ~'
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CITY O F
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REXIiURG
America's family Community
Interwest Cabinet - 330 W. 1 S` S.
Rezone
1. On December 28, 2005, Clint Galbraith presented to the Rexburg Planning & Zoning
Coordinator a Request and Application for a Rezone located at 330 West 1S` South from
Medium Density Residential to Community Business Center.
2. On December 15, 2005, the City Clerk sent the Notice of Public Hearing to be published in
the local newspaper for December 20, 2005 and December 31, 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, Clint Galbraith presented to the Planning & Zoning Commission for
the City of Rexburg his Request for a Rezone located at 330 West 1S` South from Medium
Density Residential to Community Business Center. The Commission felt this use would fit
better into Light Industrial. Randal Porter motioned to table issue. Mary Ann Mounts
seconded. None Opposed. Motion carried.
4. Clint Galbraith then applied for a Rezone on his whole property from Medium Density
Residential and Community Business Center to Light Industrial. A Comprehensive Plan
Amendment would be necessary. (Refer to the Proposed City of Rexburg Land Use
Amendments 06-00159 Area #5).
5. On March 29, 2006, the City Clerk sent the Notice of Public Hearing for a Comprehensive
Plan Amendment to be published in the local newspaper for April 1, 2006 and April 15,
2006. A notice was posted on the property.
6. On March 29, 2006, the City Clerk sent the Notice of Public Hearing for a Zone Change to
be published in the local newspaper for Apri11, 2006 and April 15, 2006. A notice was
posted on the property and sent to all property owners within 300 feet of the above
mentioned property.
7. On Apri120, 2006, the Planning & Zoning Commission approved the Comprehensive Plan
Amendment. Mary Ann Mounts motioned to recommend to City Council to change area
#5 to Light Industrial on the Preferred Land Use map, but to not include the westerly parcel
in the change. Mary Haley seconded the motion. None opposed. Motion carried.
8. On Apri120, 2006, the Planning & Zoning Commission approved the zone change. Mary
Ann Mounts motioned to recommend to City Council to approve the zone change at 330
West 15` South and 64 South 3`d West to Light Industrial. Randall Porter seconded the
motion. None opposed. Motion carried.
r
9. On May 17, 2006 the City Council approved the zone change.
Council Member Erickson moved to change the Zone from Medium Density Residential
(MDR1) and Community Business Center (CBC) to Light Industrial (LI) at 64 South 3`d
West & 330 West 15L South as recommended by Planning and Zoning; Council Member
Schwendiman seconded the motion; Discussion:
Those voting ave
Donna Benfield
Farrell Young
Rex Erickson
Randy Schwendiman
Bart Stevens
Those voting naX
Christopher Mann
The motion carried.
1
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nl
April 12, 2005
To: Blair D. Kay
City Clerk for the City of Rexburg, Idaho
From: Lash J. Laker
In regards to the Notice of Public Hearing to be held Thursday Apri120, 2006
at 7:00 p.m. in the City Council Chambers of the City Building regarding a
zone change from Medium Density Residential (MDRI) and Community
Business Center (CBC) to Light Industrial (LI). The parcels listed are located
at 64 South 3rd West, 330 West 1st. South and 336 West 1st. South in
Rexburg, Madison ,County, Idaho. The parcel at 336 West 1st. South is the
deeded property and residence of the Lash and Opal Laker. I did not request
a zone change from Medium Density Residential to Light Industrial. This
request was not made on my behalf and I object to it fully.
k you
Lash J. Laker `~~ ~~ Z ~- ~~~-~(
336 West lst. South
Rexburg, Idaho
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