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HomeMy WebLinkAboutAPPLICATION & DOCS - 06-00167 - Summerfield - Annexation & Rezone from RR1 to LDR2r~ •• ~ _ ~ _ -!i~ ~ ~ t r} ~ i' i~~l r REXBLiR~ ~~ _ ~~~ f '~~ y I ~ i" 7. ~tl~ art ., AMERICA5 FAMILY COMMUNI~fY 619 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburg.orp comdev(a~rexbura.org Annexation/Rezone Application 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: ~ ~ C~[~I lp 1 Current Zone: ~~ r Requested Zone: L D R a. Application Information Fee(s) Paid: Yes/No Annexation: $500.00 Rezone: $~ -~ a ~`~° for Publication Fee Cross Reference File: ~-~-c~l~ ways LLC: ^ Owner ~ Purchaser ^ Lessee Applicant's Address: 3~15(~ ~, /7'~' ~# al(,~ City/ST/Zip: ~r,~/-~~~ ~c~ ~3Yy(~ Recorded Owner: ~ , ~ ~ ~ ; e,nn~~' Phone: 3 5l0 - ~ S - ~ Recorded Owner's Address: .~Sy® w l©~c~ ~. City/ST/Zip: QQx~~,,r~, ;t Contact Person (If different from above): Phone: Address of Subject Property: a~yG' c.~ io~d b5. Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: Applicant: Quarter: Section: Township: Mapping Department must initial here to signify parcel verification: Internal Office Routin;? 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: C.~~~;n~t~c~,l Range: (Annexation Plan) (Can Services (Comprehensive Plan Complaint) (Approval to proceed) (Appropriate Fees Paid) Total Fees Due $ Over 10 acres, less than 20: $1500.00 20 acres and over: $2500.00 Zoning Verification Letter: $40.00 Date of Public Hearing: Phone: ~~~ $,~~' - ~~Sf94S Development Information 1. Size of Property .~5~ 7 ~h4~ Square Feet (or) 0 2. How is the property now used? 3. How are the North: _ South: _ East: West: properties used? L Acres 4. Are there any existing where are they located? uses~ill the general area similar to the proposed use? If yes, what are they, and 5. On what street(s) does the property have frontage? ~L ~` ~UP~'~ 3f ~{ icj~ct~G~. ~~~-c~ 6. Why are you requesting annexation into the City of Rexburg? ~~ ~Z t;~~~o~,e.J ~ ~ Ci~.~ 5~~~~~~ 5 7. What use, building or structure is intended for the property? ~~ d~,~t~ a, 8. What changes have occurred in the area that justifies the requested rezone? ('~~.- dc~~~..Q~- -~. 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? ~Dh~ T L;~y SurV;« ~rZ oh ~ -~~wt- d~- ~. ra-~p-~v~b 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? ~~ e:5 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required? ~~~ 14. Is the area currently sub-divided or going to be sub-divided? ~, iv ~ S ~b 'd~~%c)c~ 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 applying for annexation will agree to certain things: Curb and gutter, streets, signali~water and sewer, property sizing and location. Signature of Applicant: Date: 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: Current Vicinity Map. (8 % 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 maybe required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as maybe 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 CITY O~ _ ..:, a,~,, ~ ~;~ ry~.:~-~;~,ra~ :, ~ ~~ y ~ 4 ~ ~~l ~ ~ r ~ ~ ,mb (r' r~ F ~ v' ~ • RE~BLIR~ Y ~ ~ V.1 qh~ AMERICAS FAMILY COMMUNI~fY 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg,ldaho 83440 Fax:208-359-3024 www.rexburg.org comdev(a~rexburQ.or4 Affidavit of Legal Interest State of Idaho County of Madison I~,~1 ~ ~~ Name 2~ pro G•~ Address `CJC~ v y~i.. , 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: f r~.~ ~~.~r ~ 'Z S~'S I©k`~C~~~~ G~ 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 y ~` day of /~ ~ ~ 20~ Subscribed and sworn to before me the day and year first above written. ~0~ A R ~ `: = Notary Public of Idaho „a ~ 1 Residing at: =1~~~~. ~~,) ~,~ ''~w "'..«.''~P~` ~'`~ ~ ~ ~ ~~ ~r~TE OF ~O ~~.~ My commission expires: ..-- 5 ~_ • ! Process of Annexation Properties subject to annexation must be contiguous or adjacent to City limits, with the exception of an airport. The process of an annexation application is as follows: 1. Apre-annexation hearing before the City Council: a. Owner should submit a letter requesting apre-annexation hearing before the City Council. The letter must state the property owners name and address, request for annexation and land use intent, and proposed zoning; b. The property owner or representative must attend the Council meeting. 2. Application must include: a. A legal description of the property which plainly and clearly defines the boundary of a new district or municipality describes, by metes and bounds, a definite boundary of an area of land that can be mapped on a tax code area map. The legal description shall include: i. Section, Township, Range and Meridian ii. An initial point, being a government surveyed corner, such as a section corner, quarter corner, meander corner, or mineral survey corner; iii. A true point of beginning defined by bearings and distances from the initial point, that begins the new or altered district or municipal boundary; iv. Bearings and distances that continuously define an area boundary with a closure accuracy of at least 1 part in 5,000. Variations from closure requirements of this subsection maybe approved when boundaries follow mountain ranges, rivers, lakes, canals, etc. v. The legal description shall include all portions of highways lying wholly or partially within the annexed area. b. Proof of ownership of land c. A draft-like drawing of the layout of property, or a record of survey, as defined by IC< Title 55, Chapter 19, which matches the legal description. d. All property owners' names and addresses within a radius of 300 ft. of the property. e. Fees must accompany application. NOTE: Upon acceptance of the application, the developer/owner shall post the property described in the application no later than one week prior to all public hearings before Planning and Zoning and City Council. 6 ~ • Preparation of Annexation 1. All required information is received and accepted by the City Clerk or appropriate staff. 2. After pre-annexation hearing a public hearing is set before the Planning and Zoning Commission as provided for in IC 67-6509. 3. Transmittals sent to proper entities (power, water, sewer, highway districts, etc.); 4. Property owners with a radius of 300 ft. of the boundaries of the proposed annexable property noticed. If there are 200 or more property owners alternate forms of procedures will provide adequate notice and may be used in lieu of mailed notice. (IC 67-6512); 5. A letter is sent to applicant advising them of the time and date of the hearing; 6. Planning and Zoning public hearing takes place and findings of the hearing are prepared; 7. After the acceptance of the findings by Planning and Zoning, a Council public hearing date is set and published; 8. Following the Council hearing, the Council shall concurrently or immediately amend the Comprehensive Plan and Zoning Ordinance (IC 67-2525); 9. UPON PASSAGE OF ANNEXATION AND ZONING BY COUNCIL: a. Certified copies of the ordinance shall be filed with the County Assessor, County Treasurer, and State Tax Commission. The County Recorder must receive the original (certified) for recording no later than 10 days following the effective date of annexation (50-223) b. Certified copies must include the executed ordinance, a legal description, and a map. c. A summary of the annexation and zoning ordinance is published in the official newspaper of the city; d. Three copies of the ordinance retained on file in City Hall. 10. The City boundary map is changed to reflect the annexation and zoning. 11. A formal Annexation Agreement will be developed between the City of Rexburg and the Developer prior to Annexation. 7 ~ ° ~ w LEGAL DESC1t~lN'I"XpN EXFII.BJT `~i' Traci 1: A parcel of bind located in the Northwest Quarter of Section 26, "I"ownship G North, IL~nge 39 Tast, Boise Meridian, Nt,'adiso~ County, Idaho: .Beginning at the Wesl• Qus1l'ter corner of said Section 2G :rnd running thence North along the Section line a distance of 25.9$ feet; thcncc North S9°31'17" Fast 293.26 feel'; lhencc North 341.55 feet; thence West 293.26 feet; thcncc North 60.00 Cecl; thence Fast Z93.2G feet; lhersce North 688.00 1'cct; thcncc East 940.64 feet; thence North 327.02 feet to the South right of way line of Idaho State Higlnvay 33; thence along said kiighway right of way Northeasterly a1C-ng a curve 710.00 feet, more or less; thence South 00°18' last 3850 feet; L'henCe North $2°12' East 7X5.10 feet to the Quarter section line; thence South (measured South UU°(19'02" 1;syyl) lhtil...1S feet along the said Quarter section line to the Southeast corner of the Northwest Qu»rter of said Section ZG; thence Wevt (me~yured South S9°57'02" Wcst) 2625.35 feel to the West Quarter curnei• and point o.f beginning. Tract 2: 1Jast HAIf Southwest Quarter of Section 2G, Township G North, Range 39 F..ast, i3oise Meridian, Madison County, Idaho. And the North .Hst(f of the Southeast Quarter and the Southwest Quarter of the Southeast QUarter of Section ZG, Township 4 North, Range 39 cast, Boise Meridian, Madison County, Idaho. Less: A ps)rcel of htnd located in the Southwest Quarter of Section 2G, 'Township G North, Range 39 East, Boise Me~•idian, Madison County, Idaho, described a5 follows: Beginning at the South Quarter corner of k»id Section Z6 and running thcncc along the South section line of said Section South S9°53'18" Wcst 87]..20 fcct~ thcncc North 00°2(1'2.(" West 5SU.Ol1 fcet~ thcncc North S9°53'18" Enst 87.1.20 feet; thence South OQ°20'2 L" !!:~rvt 55O.U(1 feet to the point of keginning. Subject to the county road right of way. Less: A parcel of land -ocnted in the Southeast Quarter of Section 2G, Tc-r nship 6 north, .Mange 39 East,l3oise Meridian, Madison County, id>iho, described as follows: Beginning at the East Quarter of said Scclion 2G and running l'henc:e South 89°48'44'' West aG5.0O feet; thence South 00°22'09" Cavt 468.39 feet; thence North 89°45'44" Lust 465.00 feel to the Tall Section (ir)e of ssiid Section; tl-enec along said Section -ine North 00°22'09" West 468.39 feet to the point of beginning. Subject to the county road right of way. Less .iny portion of Highway 33. 891-d 200/ZOO~d 189-1 + Moa~s3 pue e~til eaueillV-woad wd8E~90 so-EZ-avw O~ gEkBUAr, iii '=~9 CITY OF v.~ 5 REXBURG > ~ ~ -- Americus Family Community • PLANNING AND ZONING DEPARTMENT 12 N. Center (PO Box 280) Phone: 208-359-3020 x312 Rexburg, Idaho 83440 Fax: 208-359-3022 wvuw.rexburg.org emilvaCa2rexburg.org Annexation Application 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: Current Zone: _ Requested Zone: Application Information Fee(s) Paid: Yes/No Annexation: $500.00 Publication Fee: $250.00 Cross Reference File: Applicant: I'l ~ ~1~~-mot G~Q-}~~ ~itd~'n~l,~J~- Zl ,Owner ^ Purchaser ^ Lessee Applicant's Address: 2 ~ ~ City/ST/Zip: Recorded Owner: ' ' ~ Phone: ~ Recorded Owner's Address: City/ST/Zip: Contact Person (If different from above): Address of Subject Property: 8~ ~~~ 1 Z~ ~~~ `, Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: RP Quarter: Section: ff Township: 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 Total Fees Due- $ Range: (Annexation Plan) (Can Services (Comprehensive Plan Complaint) (Approval to proceed) (Appropriate Fees Paid) Date of Notice: Date of Public Hearing: Phone: 2.~g' ~~'~ ~~ Development Information 1. Size of Property Square Feet (or) ~~ Acres 2. How is the property now used? ~it'rK, (~i~l~ 3. How are the adjoining properties 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? 5. On what street(s) does the property have frontage? /i`r'k („Q)~,5-~ 6. Why are you requesting annexation into the City of Rexburg? 9. Are water and sewer facilities, streets, fire and police presently serving this area? 10. Are City services adequate to serve any future development proposed? 11. Will measures be proposed to assure that public facilities and services will be added? 12. Is the site large enough to accommodate the proposed uses, parking, and buffering required? 13. Is the area currently sub-divided or going to be sub-divided? /q~ ~j~~ ~ , ~~~ 14. 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. 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 Applicant: k _ Date: L(-ZS' -~ ~ 2 • • 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 maybe 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. - atixxox `ioY `' ~9 _~- - ~j C I T Y TO F~------ 0 ,r V x 1 W~ V 1\~ America's Family Community L~ PLANNING AND ZONING DEPARTMENT 12 N. Center (PO Box 280) Phone: 208-359-3020 x312 Rexburg, Idaho 83440 Fax: 208-359-3022 www.rexburg.org emilvaCa)rexburp.orp Affidavit of Legal Interest State of Idaho County of Madison I, G~ ' ° -w~,Q~ y J , Name "["x~X (~ T,`~%~ ~~vl , City Being first duly sworn upon oath, depose and say: A. z~ .~f ~: Address State (If Applicant is also Owner of Record, skip to B) 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 , 20 Signature Subscribed and sworn to before me the day and year first above written. Notary Public of Idaho Residing at: My commission expires: 4 ~ ~ Process of Annexation Properties subject to annexation must be contiguous or adjacent to City limits, with the exception of an airport. The process of an annexation application is as follows: 1. Apre-annexation hearing before the City Council: a. Owner should submit a letter requesting apre-annexation hearing before the City Council. The letter must state the property owners name and address, request for annexation and land use intent, and proposed zoning; b. The property owner or representative must attend the Council meeting. 2. Application must include: a. A legal description of the property which plainly and clearly defines the boundary of a new district or municipality describes, by metes and bounds, a definite boundary of an area of land that can be mapped on a tax code area map. The legal description shall include: i. Section, Township, Range and Meridian ii. An initial point, being a government surveyed corner, such as a section corner, quarter corner, meander corner, or mineral survey corner; iii. A true point of beginning defined by bearings and distances from the initial point, that begins the new or altered district or municipal boundary; iv. Bearings and distances that continuously define an area boundary with a closure accuracy of at least 1 part in 5,000. Variations from closure requirements of this subsection maybe approved when boundaries follow mountain ranges, rivers, lakes, canals, etc. v. The legal description shall include all portions of highways lying wholly or partially within the annexed area. b. Proof of ownership of land c. A draft-like drawing of the layout of property, or a record of survey, as defined by IC< Title 55, Chapter 19, which matches the legal description. d. All property owners' names and addresses within a radius of 300 ft. of the property. e. Fees must accompany application. NOTE: Upon acceptance of the application, the developer/owner shall post the property described in the application no later than one week prior to all public hearings before Planning and Zoning and City Council. • • Madison School District #321 160 Acres Farm Land and Home located at 840 South 12th West, Rexburg, Idaho Legal Description: The Northeast Quarter (NE'/4) of Section 35, Township 6 North, Range 39, E.B.M. WARRANTY DEED THIS INDENTURE, Made this ~,1~ day of September, 2004, by and between YOSHIMI HANAMI and FUMI HANAMI, husband and wife, of 840 South 12`'' West, Rexburg, ID 83440, STOMIE (TSUTOMU) HANAMI and ROSE HANAMI, husband and wife, of 1907 West Flamingo #143, Nampa, ID 83687, and TAKESHI HANAMI and MARIKO HANAMI, husband and wife, of 408 W. Elm, Caldwell, ID 83605, hereinafter called "the parties of the first part" or "Sellers"; and MADISON SCHOOL DISTRICT #321, organized and existing under and by virtue of the laws of the State of Idaho, with its principle office located at 290 North First East, and whose mailing address is P.O. Box 830, Rexburg, ID 83440, hereinafter called "the party of the second part" or "Buyer", WITNESSETH, That the said parties 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 them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold and by these presents, do grant, bargain, sell and convey and confirm unto the said party of the second part, and to its successors and assigns forever, the following described real estate, situated in Madison County, State of Idaho, to-wit: The Northeast Quarter (NE 1/4) of Section 35, Township 6 North, Range 39, E.B.M. Together with 19 shares of the Capital Stock of the Rexburg Irrigation Company and 120 acre feet of storage in the Fremont-Madison Irrigation District. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining. Warranty Deed -Page 1 instrument # 316168 F:\WP6\DK\HANAMI.WD REXBURG, MADISON,OID o Hoo No. of Pages: 2004-11-29 N TIT E Recorded for :FIRST AME ; g,00 MARILYN R. RASMUSS Ex-Officio Recorder De First American Title Company a . • r=--- _ _ _ _ _ _ _ _ - - • SUBJECT TO: a. Easements established or of record, restrictions of record, rights reserved in federal patents, state deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit. b. The right of the Sellers to the full use and occupancy of the residential home, yard, garden spot and the access thereto (which shall be specifically delineated by the Sellers by a fence or semi permanent markers). for and during the lifetime of Sellers and the survivor thereof, with the right retained • to either occupy it themselves or rent it to others, either for all or any part of Sellers said lifetime; c. And subject to the right of Douglas S. Kauer and Holly M. Kauer to farm the 'i premises (except for the farmstead home, other buildings, yard, and garden with access thereto) for one year, to terminate on December 31, 2005, on the ' terms and conditions contained in that certain farm lease dated March 10, 2000, by and between Yes Hanami and Fumi Hanami as "landlord", and Douglas S. Kauer and Holly M. Kauer as "Tenant" (a copy of which is li attached hereto and by reference made a part thereof); The Sellers have received or shall be entitled to receive the rents from said Kauers for the crop year of 2004. The Buyer acknowledges that the lease of said farm ground to the said Kauers provided that the lease's termination date is December 31, 2004, but renews automatically for a year to year lease thereafter unless the owner (Lessor) shall notify said Kauers (Lessees) at least one year before the expiration of the term or any renewals thereof that said lease shall terminate at the expiration of the term or any renewal thereof. Therefore, the parties specifically agree that since notice was not given to said Lessees that the lease was finally terminated as of December 31, 2004, it renews until December 31, 2005, and if the buyer herein wishes to terminate said lease it will be responsible for giving notice to the tenants Douglas S. Kauer and Holly M. Kauer of such termination in a timely manner. All rents to be paid for the said farming portion of the premises hereafter shall be payable to the Buyer herein, except for the 2004 rents thereof, and any rents Sellers may receive from the rental. of the said home and its associated facilities during their lifetime, shall be retained by the Sellers. TO HAVE AND TO HOLD the said premises, and all estate, right, title and interest in and to said premises, as well in law as in equity, of the said parties of the first part. And the said parties of the first part, and their heirs, hereby warrant and agree to forever defend the party of the second part, its successors and assigns, in the quiet and peaceable Warranty Deed -Page 2 F:\WP6\DK\I-IANAMI. WD - - ~' i ~' possession of said premises against all and every person lawfully claiming an interest therein. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their. hand and seals the day and year first above written. ~ r Yos imi Hanami Stomie (Tsutomu) Hanami keshi Hanami Fumi Hanami Rose Hanami 1 Mari zo Hanami Acknowledgment STATE OF IDAHO ) ss. County of Madison ) On this Z /,ai`'day of September, 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared YOSHIMI HANAMI and FUMI HANAMI, STOMIE (TSUTOMU) HANAMI and ROSE HANAMI, TAKESHI HANAMI and MARIKO HANAMI known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. ~,~t~n;!+~i~~r,, :~ ~ ~ • ~ ; .1~ ,tl,~ , -~ t ~, ,, '~ ~ GtJ " - ~'oS a R r•~' =" ` ~ '~ ~ ' $ Notary Pu is for Idaho ~ ~ Residing at: Rexburg, Idaho _ ~, t ~~ ~ ti A My Commission Expires: .~' / t ~ °-S" ~, ue ~``~"~~ .gTE ~F ~ ~., Warranty Deed -Page 3 F:\WP6\DK\HANAMI. WD ORDINANCE NO. 965 o Vi O 67 ~ d a 0 z°~ ~ ~ Q~poom ~ Q eo N ~ N LL ~ ~ M Z'-Ot~p ~ ~ ~ ~ p d.+ p U Q `o ~~ ~~d ~~~,°d~ L ~ ~'O ? V ++ m of ~. J ,~ NXo ~°,Qd~~O ~ ~'NR'g W AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE 7.ONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, the lands hereinafter described are contiguous and adjacent to the of Rexburg, Idaho, and have been laid off, subdivided or platted, and/or the City has requested to annex the same to the City of Rexburg, Idaho, and WHEREAS, it appears to the Mayor and City Council of the City of Rexburg, io, that the hereinafter described properties are subject to annexation to the City of burg under and pursuant to the provisions of Section 50-222, Idaho Code, and that said should be annexed to and become a part of the City of Rexburg, Idaho, and WHEREAS, the City Council referred the zoning of the affected territory for art and recommendations to the Planning and Toning Commission, and the Planning 'Coning Commission made its report and recommendations for zoning classification of hereinafter described properties proposed to be annexed, and WHEREAS, the Council has determined that the proper classification under the Ordinance of the City of Rexburg, Idaho, for the properties to be annexed are as set forth. NOW; 7~HEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, AS FOLLOWS: SECTION I. That the following described lands situated in Madison County, Idaho, to-wit:, 'I"he proposed zoning for the annexed lands is defined as follows: Area 1: Low Density Residential Two (2), Area 2: Low Density Residential Two (2), Area 3: Low Density Residential Two (2), Area 4: Agricultural 1 (AG1) 'I"hese properties are located in the Rexburg City Area of Impact, and Madison County, Idaho. They ate described as follows: Description for proposed Annexation 06-00167 Area One (1): Tract 1: A parcel of land located in the Northwest Quarter of Section 26, Township 06 North, Range 39 East, Boise Meridian, Madison County, Idaho: I3eginning at the West Quarter corner of said Section 26 and running thence North along the Section line a distance of 25.98 feet; thence North 8931'17" East 293.26 feet; thence .North 341.55 feet; thence West 293.26 feet; thence North 60.00 feet; thence East 293.26 feet; thence North 688.00 feet; thence East 940.64 feet; thence North 327.02 feet to the South right of way line of Idaho State I Iighway 33; ORDINANCE NO. 965 -I- thence along said Highway right of way Northeasterly along a curve 710.00 feet, more or less; thence South 00`18'00" East 38.50 feet; thence North 82°12'00" East 715.10 feet to the Quarter section line; thence South (measured South 00°09'02" East) 1661.18 feet along the said Quarter section line to the Southeast cornea: of the Northwest Quarter of said Section 26; thence West (measured South 89°57'02" West) 2625.35 feet to the West Quarter corner and point of beginning. Tract 2: East Half Southwest Quarter of Section 26, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho. And the North Half of the Southeast Quarter and the Southwest Quarter of the Southeast Quarter of Section 26, Township 06 North, Range 39 East, Boise Meridian, Madison County, Idaho. Area'I'wo (2) Track 1: All of that property that is in the Southeast quarter of the Southeast quarter of Section 26 T06N R39E of the county of Madison, State of Idaho, Boise Meridian. Area Three (3) Track 1: Commencing at the Northeast corner of Section 35 T06N R39E and running thence S89°49'41"W a distance of 1,191.70 feet, said point being the Point of Beginning; thence NO°20'29"W 245 feet; thence S89°49'42"W 100 feet; thence SO°20'29"E 245 feet; thence N89°49'42"E 100 feet to the Point of Beginning. Area Four 4 Track 1: All of that property contained in the Northeast quarter of Section 35 T06N R39E, of the county of Madison, State of Idaho, Boise Meridian. The Parcels'. identified on the Annexation map dated June 21, 2006, shall be, and the same hereby are annexed to the City of Rexburg and shall be, and are hereby declared to be a part of„ the City of Rexburg, Idaho. SECTION II: That the above described properties hereby annexed to the City of Rexburg',be, and the same axe hereby classified under the Zoning Ordinance of the City of Rexburg as above set forth; that the Zoning shall be amended to show this annexation and classification of the above described properties so annexed and that said amendment shall be certified to and declared to be the official Zoning Map of the City of Rexburg by; a certificate of the Mayor and Council of the City of Rexburg endorsed thereon. i SECTION III: This ordinance shall be in full force and effect from and after its passage, approval and due publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 21" day of Jurle, 2006. ATTEST: Blair D. Kay, City Clerk (:.;coal? ~. r Shawn Larsen, Mayor ORDINANCE NO. 965 -2- STATL OF IDAHO ) )ss. County of Madison ) I, BLAIR D. KAY, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Passed by the City Council and approved by the Mayor this 215` day of June, 2006. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Ciry of Rexburg, Idaho, this 215` day of June, 2006. -t.,..~ Blair D. Kay, City Clerk ~::;~V:,.l} ORDINANCE NO. 965 -3- .~ I I ~ ~il,- 1 'I • • 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, May 18th, 2006, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding annexation and a zone change from Madison County zoning and Impact Area zoning to Rexburg City zoning. These properties are located west of 12th West to 3000 West and south of Hwy 33 to University Boulevard, in Rexburg City Area of Impact, Madison County, Idaho, and Madison County. They are described as follows: Parcels are numbered on the Annexation map dated Apri128, 2006 as follows: Area One (11 County Zone or City Impact Area Current Zoning Proposed City Zoning Rural Residential 1 (RR1) -Impact Area Low Density Residential 2 (LDR2) Transitional Agriculture 2 -County Low Density Residential 2 (LDR2) Tract 1• A parcel of land located in the Northwest Quarter of Section 26, Township 06 North, Range 39 East, Boise Meridian, Madison County, Idaho: Beginning at the West Quarter corner of said Section 26 and running thence North along the Section line a distance of 25.98 feet; thence North 89°31'17" East 293.26 feet; thence North 341.55 feet; thence West 293.26 feet; thence North 60.00 feet; thence East 293.26 feet; thence North 688.00 feet; thence East 940.64 feet; thence North 327.02 feet to the South right of way line of Idaho State Highway 33; thence along said Highway right of way Northeasterly along a curve 710.00 feet, more or less; thence South 00°18'00" East 38.50 feet; thence North 82°12'00" East 715.10 feet to the Quarter section line; thence South (measured South 00°09'02" East) 1661.18 feet along the said Quarter section line to the Southeast corner of the Northwest Quarter of said Section 26; thence West (measured South 89°57'02" West) 2625.35 feet to the West Quarter corner and point of beginning. Tract 2: East Half Southwest Quarter of Section 26, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho. And the North Half of the Southeast Quarter and the Southwest Quarter of the Southeast Quarter of Section 26, Township 06 North, Range 39 East, Boise Meridian, Madison County, Idaho. Area Two (2) County Zone or City Impact Area Current Zoning Rural Residential 1 (RR1) -Impact Area Proposed City Zoning Low Density Residential 2 (LDR2) • • Track 1: All of that property that is in the Southeast quarter of the Southeast quarter of Section 26 T06N R39E of the county of Madison, State of Idaho, Boise Meridian. Area Three (31 County Zone or City Impact Area Current Zoning Rural Residential 1 (RR1) -Impact Area Proposed City Zoning, Low Density Residential 2 (LDR2) Track 1• Commencing at the Northeast corner of Section 35 T06N R39E and running thence S89°49'41"W a distance of 1,191.70 feet, said point being the Point of Beginning; thence NO°20'29"W 245 feet; thence S89°49'42"W 100 feet; thence SO°20'29"E 245 feet; thence N89°49'42"E 100 feet to the Point of Beginning. Area Four (41 County Zone or City Impact Area Current Zoning Leave as Current Zoning Agricultural 1 (AG1) -Impact Area Agricultural 1 (AG1) Track 1: All of that property contained in the Northeast quarter of Section 35 T06N R39E, of the county of Madison, State of Idaho, Boise Meridian. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed approval. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on May 17th, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. Copies (without cost) of the documents for this annexation request are available at City Hall, 12 North Center, Rexburg, Idaho. DATED this 27th day of April, 2006. \\\\\\\\\\\\O~ uiR u~eG/', ., . •. ~j' CgpO~A1.~ s .G r ~~.:SEA %,, ~ ~ s T q r . . ... . . . o P ~ iq~~~q~E' OF ~ ~ ~~~~~\`~ Published: Apri129th, 2006 May 13th, 2006 CITY OF REXBURG By 7_ Blair D. Kay, City Clerk 2 • • 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, June 21St, 2006, at 7:30 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding annexation and a zone change from Madison County zoning and Impact Area zoning to Rexburg City zoning. These properties axe located west of 12th West to 3000 West and south of Hwy 33 to University Boulevard, in Rexburg City Area of Impact, Madison County, Idaho, and Madison County. They are described as follows: Parcels are numbered on the Annexation map dated April 28, 2006 as follows: Area One (1) (May 18, 2006 -Planning and Zoning recommended annexation with an LDR2 Zone.) County Zone or City Impact Area Current Zoning Proposed City Zoning Rural Residential 1 (RR1) -Impact Area Low Density Residential 2 (LDR2) Transitional Agriculture 2 -County Low Density Residential 2 (LDR2) Tract 1• A parcel of land located in the Northwest Quarter of Section 26, Township 06 North, Range 39 East, Boise Meridian, Madison County, Idaho: Beginning at the West Quarter corner of said Section 26 and running thence North along the Section line a distance of 25.98 feet; thence North 89°31'17" East 293.26 feet; thence North 341.55 feet; thence West 293.26 feet; thence North 60.00 feet; thence East 293.26 feet; thence North 688.00 feet; thence East 940.64 feet; thence North 327.02 feet to the South right of way line of Idaho State Highway 33; thence along said Highway right of way Northeasterly along a curve 710.00 feet, more or less; thence South 00°18'00" East 38.50 feet; thence North 82°12'00" East 715.10 feet to the Quarter section line; thence South (measured South 00°09'02" East) 1661.18 feet along the said Quarter section line to the Southeast corner of the Northwest Quarter of said Section 26; thence West (measured South 89°57'02" West) 2625.35 feet to the West Quarter corner and point of beginning. Tract 2: East Half Southwest Quarter of Section 26, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho. And the North Half of the Southeast Quarter and the Southwest Quarter of the Southeast Quarter of Section 26, Township 06 North, Range 39 East, Boise Meridian, Madison County, Idaho. Area Two (2) (May i8, 200b -Planning and Zoning recommended annexation with an LDR2 Zone.) • i County Zone or City Impact Area Current Zoning Proposed City Zoning Rural Residential 1 (RR1) -Impact Area Low Density Residential 2 (LDR2) Track 1: All of that property that is in the Southeast quarter of the Southeast quarter of Section 26 T06N R39E of the county of Madison, State of Idaho, Boise Meridian. Area Three (3) (May 18, 2006 -Planning and Zoning recommended annexation with an LDR2 Zone.) County Zone or City Impact Area Current Zoning Rural Residential 1 (RR1) -Impact Area Proposed City Zoning Low Density Residential 2 (LDR2) Track 1• Commencing at the Northeast corner of Section 35 T06N R39E and n,nning thence S89°49'41"W a distance of 1,191.70 feet, said point being the Point of Beginning; thence NO°20'29"W 245 feet; thence S89°49'42"W 100 feet; thence SO°20'29"E 245 feet; thence N89°49'42"E 100 feet to the Point of Beginning. Area Four (41 (May 18, 2006 -Planning and Zoning recommended annexation with an LDR2 Zone.) County Zone or City Impact Area Current Zoning Leave as Current Zoning Agricultural 1 (AG1) -Impact Area Agricultural l (AG1) Track 1: All of that property contained in the Northeast quarter of Section 35 T06N R39E, of the county of Madison, State of Idaho, Boise Meridian. At such hearing the City Council will hear all persons and all objections and recommendations relative to such proposed approval. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on June 20th, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. Copies (without cost) of the documents for this annexation request are available at City Hall, 12 North Center, Rexburg, Idaho. 2 • DATED this 26th day of May, 2006. '' p O Rq ~y' GpR T~:. cS jqT~ `oQ~O r.,.. OF _.,.~~ ~~ CITY OF REXBURG $y ~' i t Blair D. Kay, City Clerk Published: June 3rd, 2006 June 17th, 2006 • ~ A~ = ~ -, i ~ ~ ~ ° ^ ~ f ~ - a ~ - w jl a w iv y m 7 a ~ ~ S 3000 W ~ ~ 3 00 Cis ' ~ ~ ~ I --1 z ~G~I .+e x ? N Y !~ ~~ Gj - i ~j ~ ` , w. * 7 } {1 .., ,.5 ~L S, l~ l ' ~ le "3 ff i ~ fi ~ r' ~ ~ ~ ~ ~~' ,, ~ ~ j I ~ ,. _ k µc '~Y x t ;i;e~: ~ i >rk jRT } ~ 1~ ~ .~r' y. 3 ~ \ ~'.' 3 I ..1 1 T V { W. ~i ~A ' A A o (n 0 ~ ~ ~ Z i iV ~ Y ~ ' 3 ~ Q c _ 3G ~ N j ~ Willo r k r ~ - s ~ ~3 ~ ~ Blu ill w Ci °~' ~ -- ~~ e -f ;} ~ ~ a` ~ w i n ~ ~~ ~ i G eq _ ~ ~ ea ~ .. ~ y r v ~ - e~ i ~ i I ~ \ g m v c ~ Q~ r ~ ~$ ~ - I N ~. -~ S i N :, ~ ox ~ m (!~ r f I I ~ ®® ~ SS W f ll F _ . i 1 i ~/~!< ~ 8 ~;:~ i V ' i Tax Impact of Annexation into the City of Rexburg Essential city services: Police, Fire, Water, Garbage Collection, Streets, and Sewer services. Additional services include: City Parks, Cultural Centers, and Recreation Programs at a 25% savings to City residents. How are Property Taxes Determined? • Each property is appraised to find its market value. • All values within a taxing district (school, city, etc.) are summed. • Homeowners (and other) exemptions are subtracted. • The tax district determines its budget, subtracting other revenue sources. Rexburg Levy Example Taxing District Budget =Levy Property Values (2005) 2004 CITY PROPERTY TAX LEVY RATES PER $1Q0,000 VALUE $1,792,050 = .003528866 = .3528866% $507,826,027 How Property Taxes are calculated? 1. Levies for taxing districts serving your property are added together: a. County b. School c. City d. Special Districts (Ambulance, Library, Cemetery, Mosquito) Total 0.00599 0.00603 0.00353 n nni n~ 0.01656 Rexburg City property taxes are 21.32% of all property taxes for City residents. **EXAMPLE: Rexburg tax increase on a $200,000 home** $200,000 - $50,000 = $150,000 * (0.003528866 - 0.000967) _ $384.45 2. The total of these levies minus the Fire District levy is multiplied by the taxable value of the home to determine City resident's taxes: Rexburg City property taxes are 21.32% of the total property taxes. Home Value **Taxable Value ounty Fire District chool ther Total County Levy Rate City LESS: County Fire District Net Levy Rate Tax Amount Total Tax Percent InCreBSe $120,000 $70,000 0.00599 0.000967 0.00603 0.00101 0.013997 0.00353 0.000967 0.016560 $1,159 21.32% $150,000 $100,000 0.00599 0.000967 0.00603 0.00101 0.013997 0.00353 0.000967 0.016560 $1,656 21.32% $200,000 $150,000 0.00599 0.000967 0.00603 0.00101 0.013997 0.00353 0.000967 0.016560 $2,484 21.32% $250,000 $200,000 0.00599 0.000967 0.00603 0.00101 0.013997 0.00353 0.000967 0.016560 $3,312 21.32% $300,000 $250,000 0.00599 0.000967 0.00603 0.00101 0.013997 0.00353 0.000467 0.016560 $4,140 21.32°,/0 Example County Tax City Tax Net Tax Yearly Increase $200,000 $150,000 $898.50 $145.05 $904.50 $151.50 $2,099.55 $529.50 $145.05 $2,484.00 $384.45 21.32% * CITY LEVY INCUDES THE FIRE DISTRICT LEVY "* Allows fora $50,000 Homeowners Exemption $o $too sz°o s~oo sa°o ssao se°o s~oo seoo $soo st,ooo shoo $~,zoo i Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 `;O~gEXBURC f7 U p ,~ CITY OF REXBURG America's Family Community Kartchner Homes - 2540 West 1000 South Annexation & Rezone 1. On March 31, 2006, Kartchner Homes presented to the Rexburg Planning & Zoning Coordinator a Request and Application for an Annexation and Rezone located at 2540 West 1000 South to Low Density Residential 2. (See Proposed Annexation map, 06-00167, Area #1) 2. 3. 4. 6. On Apri120, 2006, Mary Ann Beck requested a coattail annexation and rezone on her property. (See Proposed Annexation map, 06-00167, Area #2) On Apri124, 2006, William DeBow requested a coattail annexation and rezone on his property. (See Proposed Annexation map, 06-00167, Area #3) On Apri121, 2006, Dr. Geoffrey M. Thomas requested an annexation on the Madison School District's property located on 12`'' West. (See Proposed Annexation map, 06-00167, Area #4) On Apri127, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for Apri129, 2006 and May 13, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned properties. On May 18, 2006, the four (4) areas in question were presented to the Planning & Zoning Commission for the City of Rexburg. Area #1: Joe Laird motioned to recommend to City Council to annex area #1 into the City Limits and designate it with the LDRZ zoning for this time; realizing that there will be other developmental discussions and perhaps zoning discussions in the future as this progresses. Ted Hill seconded the motion. The Commissioners discussed other zoning alternatives. David Stein said the issue they are struggling with is where the specific area of impact is. In his view, the area has already been impacted when the school bought property. Now it is time to plan it out. Chairman Dyer said he stands by his earlier concerns on the issue. Those in favor: Joe Laird Mike Ricks David Stein Ted Hill Dan Hanna Those opposed: Winston Dyer Mary Ann Mounts Mary Haley Motion carried. L~ Area #2: Mary Ann Mounts motioned to recommend to City Council to annex area #2 into the City of Rexburg with an LDR2 zoning. Dan Hanna seconded the motion. David Stein said since the Comprehensive Plan calls for Low to Moderate Residential in the area, they can't zone the area Transitional Agriculture. This would be inconsistent. None opposed. Motion carried. Area #3: Mary Haley motioned to recommend area #3 for annexation into the City of Rexburg with an LDR2 zoning designation. Mary Ann Mounts seconded the motion. None opposed. Motion carried. Area #4: Mary Haley motioned to recommend to City Council to annex area #4 and to keep the current zoning in place. Mary Ann Mounts seconded the motion. None opposed. Motion carried. On June 21, 2006, the City Council accepted the recommendation of the Planning and Zoning Commission. Planning and Zoning Administrator Hibbert explained delaying the annexation from a planning standpoint is not a problem; however, the annexation of properties outside the Impact Area can be overcome. Mayor Larsen reviewed the proposed zoning. All of the areas except Area 4 would be Zoned LDR2. The School property would remain agricultural. Planning and Zoning Administrator Hibbert noted LDR2 allows for a single home on 8,000 square feet of property and a duplex or twin home on 10,000 square feet of property. Council Member Young moved to accept the recommendation of Planning and Zoning for the annexation of these four parcels as they have been explained to the City Council and as they are outlined on the map; Council Member Mann seconded the motion; all voted aye, none opposed. The motion carried. Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Kartchner Homes - 2540 West 1000 South Annexation & Rezone 2. 4. G On March 31, 2006, Kartchner Homes presented to the Rexburg Planning & Zoning Coordinator a Request and Application for an Annexation and Rezone located at 2540 West 1000 South to Low Density Residential 2. (See Proposed Annexation map, 06-00167, Area #1) On April 20, 2006, Mary Ann Beck requested a coattail annexation and rezone on her property. (See Proposed Annexation map, 06-00167, Area #2) On April 24, 2006, William DeBow requested a coattail annexation and rezone on his property. (See Proposed Annexation map, 06-00167, Area #3) On Apri121, 2006, Dr. Geoffrey M. Thomas requested an annexation on the Madison School District's property located on 12`'' West. (See Proposed Annexation map, 06-00167, Area #4) On Apri127, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for Apri129, 2006 and May 13, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned properties. On May 18, 2006, the four (4) areas in question were presented to the Planning & Zoning Commission fox the City of Rexburg. Area #1: Joe Laird motioned to recommend to City Council to annex area #1 into the City Limits and designate it with the LDR2 zoning fox this time; realizing that there will be other developmental discussions and perhaps zoning discussions in the future as this progresses. Ted Hill seconded the motion. The Commissioners discussed other zoning alternatives. David Stein said the issue they are struggling with is where the specific area of impact is. In his view, the area has already been impacted when the school bought property. Now it is time to plan it out. Chairman Dyer said he stands by his earlier concerns on the issue. Those in favor: Joe Laird Mike Ricks David Stein Ted Hill Dan Hanna Those opposed: Winston Dyer Mary Ann Mounts Mary Haley Motion carried. Area #2: Mary Ann Mounts motioned to recommend to City Council to annex area #2 into the City of Rexburg with an LDRZ zoning. Dan Hanna seconded the motion. David Stein said since the Comprehensive Plan calls for Low to Moderate Residential in the area, they can't zone the area Transitional Agriculture. This would be inconsistent. None opposed. Motion carried. Area #3: Mary Haley motioned to recommend area #3 for annexation into the City of Rexburg with an LDR2 zoning designation. Mary Ann Mounts seconded the motion. None opposed. Motion carried. Area #4: Mary Haley motioned to recommend to City Council to annex area #4 and to keep the current zoning in place. Mary Ann Mounts seconded the motion. None opposed. Motion carried. • • City Council ~~¢Ea6°A~, June 21, 2006 o ~N~ 12 North Center blairk@rexburg.org Phone: 208.359.3020 x313 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 C 1 T 1 O F REXBURG America's Famih> Community Date: June 21, 2006 City Council Item 7-A Item: Annexation of four tracts of land into the City of Rexburg -These properties are located west of 12`'' West to 3000 West and south of Hwy 33 to University Boulevard, in Rexburg City Area of Impact, Madison County, Idaho, and Madison County. Initiated by: Ka.rtchner Homes, Inc. and Bill Wiemer; Additional requestors: Madison School District, Mary Ann Beck and William DeBow. (Beck and DeBow's annexation is contingent upon the Wiemer farm being annexed. FinancialImpact: N/A Budgeted: N/A Funding Source: N/A Action Proposed: Approve the annexation of the Weimer Farm and adjoining requests.. Staff Analysis: May 18, 2006 Public Hearing in Planning and Zoning. AREA ONE (1): Joe Laird motioned to recommend to City Council to annex area #1 into the City Limits and designate it with the LDR2 zoning for this time; realizing that there will be other developmental discussions and perhaps zoning discussions in the future as this progresses. Ted Hill seconded the motion. The Commissioners discussed other zoning alternatives. David Stein said the issue they are struggling with is where the specific area of impact is. In his view, the area has already been impacted when the school bought property. Now it is time to plan it out. Chairman Dyer said he stands by his earlier concerns on the issue. Those in favor: Joe Laird Mike Ricks David Stein Ted Hill Dan Hanna Motion carried. Those opposed: Winston Dyer Mary Ann Mounts Mary Haley AREA TWO (2): Mary Ann Mounts motioned to recommend to City Council to annex area #2 into the City of Rexburg with an LDR2 zoning. Dan Hanna seconded the motion. David Stein said since the Comprehensive Plan calls for Low to Moderate Residential in the area, they can't zone the area Transitional Agriculture. This would be inconsistent. None opposed. Motion carried. • • AREA THREE (31: Mary Haley motioned to recommend area #3 for annexation into the City of Rexburg with an LDR2 zoning designation. Mary Ann Mounts seconded the motion. None opposed. Motion carried. AREA FOUR (41: Mary Haley motioned to recommend to City Council to annex area #4 and to keep the current ~', zoning in place. Mary Ann Mounts seconded the motion. None opposed. Motion carried. Chairman Dyer commented he hopes we are always thinking about how much annexation is enough, and how much is too much. David Stein said until the county and city coordinate development, he is more inclined to annex first, so they can control the development of the property. Chairman Dyer said there are ,conversations going on with the County concerning this very issue. Changes are afoot, all of which will help encourage and stimulate infilling and getting things into the City. Until this is complete, annexation is the only tool we have. 2 0~'0 ~ o ~~4et15ltE~ ,~ CITY Of~ R~:xBUR~ ANIE}~ICA'S F,~bIILY COMMUNITY n Annexation/Rezone Application Note: Apra-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: ~ ~i ~~~ ~;; ~ i~;~~ Fee(s) Paid: Yes/No Annexation: $500.00 Rezone: e ---- - + Q'' `~ m for Publication Fee Current Zone: iQ~ Requested Zone: ~ (~ ~ ~, Application Information Cross Reference File: .Applicant: ~ (..c~~;~~-l~a,~ 1'F~~c~i-~ °s LL.G Phone: ~~'~ ~~~ - ~~'~% - ~- ^ Owner .~ Purchaser ^ Lessee Applicant's Address: :3`~/5~ ~, /7"~' ~# ~~C City/ST/Zip: ,~rv~~~r~ Sc` ~~~Y~'~3 Recorded Owner: ~a : (I l~ ; ~~~~ Phone: 3 5 rt - (cS ~ ~ Recorded Owner's Address: ~SyG' ~ i0~t~ ~' City1ST/Zip: ~ct.,x~~r~, ~ Contact Person (If different from above): Phone: Address of Subject Property: a~y~ ttt icc%C- .,~ Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: Quarter: Section: Township: Range: Mapping Department must initial here to signify parcel verification: Internal Office Routing 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 $ - - r Rezone Fees• Less than 1 acre: $500.00 Over 10 acres, less th• More than 1 acre, less than 5: $550.00 20 acres and over: $2' ~ ` 5 to 10 acres: $900.00 Zoning Verification L ~ Brad Stauffer : - Date of Notice: Date of Public I3 - 5a~~ 3456 E.1 T" Street, Suite 210 Ammon, ID 83406 1 ~~~~~ ~~~ I Office: (208)528-8898 Fax: (208) 528-8584 Cell: (208) 243-1-408 HOMES, INC. I bstauffer@karechnerhomes.com i • Apri126, 2006 Kurt Hibbert Planning and Zoning Director City of Rexburg Rexburg, ID 83440 Dear Kurt, This letter is regarding the proposed annexation of property West of 12~' West. If this property is annexed, we will, without resistance, allow annexation into the city limits of our personal- property not included in the proposed- sale- ofthe-above approximately 255 acres. The property not included in the sale is 5 acres for Kim and Jodi Weimer at 350 South 12~' West, and 11 acres (divided for Bill and Fern Weimer and Shane Weimer) at 2540 West 1000 South and 2612 West 1000 South. :., ,' ~- Bill Weimer ~~lr~n. ~~.~.P~t Fern Weimer Shane Weimer f~~ ~ ~-e~~n ~~ Kim Weimer f '' C Jodi eimer ~~C15CHOO~O i ~A/1 C N G a ~ k'ORL« OF ~ • Madison School District 321 290 North First East; P.O. Box 830; Rexburg, ID 83440 (208) 359-3300 -phone, (208) 359-3345 -fax http://www.d321.k12.id.us Geoffrey M. Thomas, Ed.D. Lane Hemming, M.S. Varr Snedaker, CPA D. Simmons, Ed.S. Superintendent Assistant Superintendent Business Manager Special Services Director Apri121, 2006 Mayor Larsen City or Rexburg 12North-Center Rexburg, Idaho 83440 Re: .Annexation of 160 acre parcel of land on 12t'' West Dear Mayor Larsen: This letter is a formal request to have the 160 acre parcel of property on 12t'' West, owned by Madison School District, be annexed into the City of Rexburg. If you have questions or if there is anything further we need to do, please let us know. Sincerely, ~~ ~` `~ .~ ~~~~~~ ~ ~ Dr. Geoffrey M. Thomas Superintendent • i 20-Apr-06 Please consider my property for annexation as a coattail annexation on the Bill Weimer Property annexation. In the event that this annexation is not approved, please do not annex my property without prior notification. Thank you for your consideration of my request, Sincerely, ~'11q ~yA ~ ~ .13 ~. ~ %. Mary Ann Beck William B. DeBow 2238 West 1000 South Rexburg, Idaho 83440-3754 e-mail: wbd@ida.net April 24, 2006 Kurt Hibbert Planning and Zoning Administrator City of Rexburg 12 North Center Street Rexburg-, iu OJ44v^- I J I d Dear Mr. Hibbert: Please include my property at 2238 W. 1000 S. for annexation as a coattail annexation on to the Bill Weimer property which is being considered for annexation. Per our conversation on Friday, April 21, I understand that I will not be responsible for any annexation fees in a coattail annexation. I further understand from our conversation that I will not be required to connect to city water and sewer as long as my septic system is in good working order, but that these will eventually become available as options to me. It is based on these understandings that I request that my property be included in the annexation request. In the event the Bill Weimer property annexation is not approved, please consider this request withdrawn. Please keep me informed (e-mail would be great) on the status as this process progresses. Thank you. Very truly yours, William B. DeBow ,j ryV tl v m 3 ~ v % o C~ _ '~ ~I 'o ~~ Q m ~ } ~lo D ~ C ~ `< ~ m X O I ? a ~ C S 3000 W -- - -- \: ~A _ I \\~\,. m C \ \ \\ ~ \\ ~~ ~` \\\ W ,V ~~ ~ ~ A ~~~ ~~ :~ ~ ~ ~ ~. ~ 3a r~ I~ \\ \ \`\ 0 1 \\ \\ \ \\ ~~\ \ E 5 ; _ I \ \\~ \\ \ \~ ' \' ~ ~~ \ A \\ \ \\ ~ \~ \ \\\ V n °D °~ W N ~,S st2tnw ~ ~ W o W m Wil ' Bro k Cir -- ~ BI Willo Cir Sunflpvaerl~tl ®®®®® ' _ _ - ---- -- ___ ~~~ j, a, . ~ .~P _ _ I I _~,-_ ~- ~,-. W N W -~3-. 05:56PM FROM-Alliance Title and Escrow ~~. T . ~1• ~ ~'~~a a p~~~ ~ R fi °' ° -6 Z.- fi ~ c T-682 P.002/002 F-770 M ~N _ - ~ ry _ ~'~ qp ~ 1 _- .. ° yyC~ ev -G„ t (g~ tl V ` N 1p( N aHHH .. U ~ ~ ~ ~Q ~ ~I ,E _ Q ~ ~~ ~ ~ ~ __ ~~- N ~; ~ l '` ~ e t~ ~. p M I ~~ ____ - - . ~ ~~' ~.r1 ~~- ~ ~,,. ~ ~ ~ nt, ~~ .~. :y:,(I; 1'. ::ni'ki`••~G ' ~ ~~} it - ~ '~ ~.i'...• ~ I~ ~ ~. _. it :.e .~I„' :: `. ,, ~; .a. 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