Loading...
HomeMy WebLinkAboutAPPLICATION & DOCS - 06-00434 - Valley View Townhomes - Rezone from LDR1 to LDR2Rezone Application Gity of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 ~s of } ~ ~' X "§' ~' ~.) =d11Z~iY (¢rPi'p1~~fltt}. Note: Apre-application conference with staff is required prior to the submittal of this application. Contact Planning & Zoning at 359-3020 x312 for details. Fee(s) Paid: Yes/No Rezone: $ + $250.00 for Publication Fee Current Zone: LDR1 Requested Zone: LDR2 Application Information Applicant: DSC Investments Phone: 356-7312 ^ Owner ^ Purchaser ^ Lessee Applicant's Address: c/o Bart Stevens, 210 Nez Perce City/ST/Zip: Rexburg, ID 83440 Recorded Owner: as above Phone: Recorded Owner's Address: City/ST/Zip: Contact Person (If different from above): Phone: Address of Subject Property: approx. 1085 South 2"d East Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: See attached legal description Quarter: Section: Township: Range: 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: ~• ~ _ ~J Publication Fee: $250.00 Total Fees Due $ 1,150 Over 10 acres, less than 20: $1500.00 20 acres and over: $2500.00 ,+C~ Zoning Verification Letter: $40.00 ~~~ ~~k Date of Public Hearing: 8Ui9„ SEP 0 8 2006 • Development Information 1. Size of Property Square Feet (or) 5.45 Acres 2. How is the property now used? mostly vacate plus a farm shop How are the adjoining properties used? North: vacant South: city water reservoirs and cell towers East: vacant West: church, vacant, and city water reservoirs 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? residential to the southwest and further south 5. On what street(s) does the property have frontage? 2°`~ East (Skyview Drive) 6. What use, building or structure is intended for the property? twin townhomes for residential use 7. What changes have occurred in the area that justifies the requested rezone? residential growth 8. Will this zone change have an impact on the schools? 10-20 schoolchildren, spread over all grades 9. Are water and sewer facilities, streets, fire and police presently serving this area? yes 10. Are City services adequate to serve any future development proposed? yes 11. Will measures be proposed to assure that public facilities and services will be added? facilities already present 12. Is the site large enough to accommodate the proposed uses, parking, and buffering required? yes - 5.5 acres 13. Is the area currently sub-divided or going to be sub-divided? to be subdivided into 16 lots 14. Any additional comments? requested zone change can be made conditional to building the specific plan and type of structures proposed for the property, otherwise the zoning would revert back to original 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 se~wer_, property sizing and location. Signature of Applicant: ~Gi~7 1.>/~i,(~li~ Date: ~ ~ • Additional Submittal Requirements: • The City of Rexburg requires the following information to be submitted to the Planning & Zoning Coordinator for every application for annexation: Current Vicinity Map. (8 '/z x 11"" at 1" = 300' scale, showing location and current zoning of the property. A map is available from the CitST 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 rezone 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. • Affidavit of legal Interest City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 . ~~.~~r ,~~. ~~ _t Y i', ~''.~ .. ; c~a~ Y c>~ A.,J 4 4.3.,.. f9}}~+ ~~,?75 S tTltdi~,4rC1p, iYF,tt...e~ State of Idaho County of Madison I, Bart Stevens , Name 210 Nez Perce Address Rexburg , City Being first duly sworn upon oath, depose and say: Idaho 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: N/A 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 1st Signature day of Se tember , 2006 Subscribed and sworn to before me the day and year first above written. ~„'~~t~ ~~~ ~ s ~~ ~~~~~ r ~ Notary Public of Idaho Residing at: My commission expires: 3 j0 ~T " 4 L~ ~ ~-gin ~ r,~ a __ _. 1- .- ~~ ~ ~. ,~ v ~, ,, r._ ~~ °~x __ >,n ~ ~k -a C7 ~2 t 5 j y __ a~ V ~~r,~,~ ~~ e-~ ~~ ~~ (Dwk f{q~LCS ~~` ~, ;~ ,, .~-; '' 1 km °~ '~. vL miles -~J 20Q,6 Yahoo? Inc;_ -~ ~ - ~~ ~ .~~>~scn µ ~,~{~kaCa,-;'c`, 2006 Navteq, TeleAtJas • _, .. _ .. .ter:. _ ~ ..~~...._,i!ti. _ ~. ~.., . ~; ~ ' :,~, ~ Looking southeast from 2nd East Looking east from Cresthaven Church Looking northwest Looking southeast at southern end of property ~ ~ t. 4 ._ .... ~Y ~~. V.. AUGUST 31, 2006 DESCRIPTION: VALLEY VIEW TOWN HOMES, BEING A PORTION OF THE LANDS OF DSC INVESTMENTS, L.C., PER INSTRUMENT Nos. 256773, 329730, 329731 AND 329733, MADISON COUNTY RECORDS. TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO. SECTION 32: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW1/4SW1/4), SECTION 31: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4SE1/4), THE WHOLE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 31 AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 31 AND 32 NORTH 0° 14'32" WEST 1305.68 FEET TO THE SOUTH 16TH CORNER COMMON TO SAID SECTIONS 31 AND 32; THENCE CONTINUING ALONG SAID COMMON SECTION LINE NORTH 0° 14'32" WEST 700.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID COMMON SECTION LINE NORTH 0° 14'32" WEST 90.00 FEET TO THE SOUTHERNMOST CORNER OF THAT REAL PROPERTY DESCRIBED IN THE THIRD EXCEPTION TO TRACT II OF SCHEDULE "C" OF THE AFORESAID INSTRUMENT No. 256773; THENCE ALONG THE SOUTHWESTERN LINE THEREOF NORTH 26° 14'32" WEST 478.18 FEET; THENCE LEAVING SAID SOUTHWESTERN LINE NORTH 88°50'57" WEST 59.94 FEET TO A POINT ON THE MONUMENTED CENTERLINE OF 2ND EAST STREET (SKYVIEW DRIVE); THENCE ALONG SAID CENTERLINE AS FOLLOWS: SOUTH 1°09'03" WEST 569.09 FEET, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 7°31'54", A RADIUS OF 1185.88 FEET, AN ARC LENGTH OF 155.89 FEET, A CHORD BEARING OF SOUTH 4°55'00" WEST AND A CHORD LENGTH OF 155.78 FEET, AND SOUTH 8°40'57" WEST 150.69 FEET; 06009ADVR (2) Page 1 of 3 THENCE LEAVING SAID CENTERLINE SOUTH 81 ° 19'03" EAST 50.00 FEET TO A POINT ON THE NORTHWESTERN LINE OF THAT REAL PROPERTY CONVEYED TO THE CITY OF REXBURG BY INSTRUMENT No.157759, MADISON COUNTY RECORDS; THENCE ALONG SAID NORTHWESTERN LINE NORTH 44°45'28" EAST 115.06 FEET TO THE INTERSECTION THEREOF WITH THE SOUTH LINE OF THAT REAL PROPERTY CONVEYED FROM DSC INVESTMENTS, L.C., TO THE CITY OF REXBURG BY INSTRUMENT No. 329732, MADISON COUNTY RECORDS; THENCE ALONG THE BOUNDARY LINES OF LAST SAID LANDS OF THE CITY OF REXBURG AS FOLLOWS: SOUTH 89°45'28" WEST 43.07 FEET, SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 81°04'31", A RADIUS OF 29.83 FEET, AN ARC LENGTH OF 42.21 FEET, A CHORD BEARING OF SOUTH 49° 13' 13" WEST AND A CHORD LENGTH OF 38.78 FEET, NORTH 8°40'57" EAST 93.65 FEET, SOUTHEASTERLY ALONG A NON TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 98°55'29", A RADIUS OF 14.99 FEET, AN ARC LENGTH OF 25.88 FEET, A CHORD BEARING OF SOUTH 40°46'47" EAST AND A CHORD LENGTH OF 22.78 FEET, NORTH 89°45'28" EAST 268.24 FEET, SOUTH 0° 14'32" EAST 50.00 FEET, AND SOUTH 89°45'28" WEST 35.03 FEET TO THE INTERSECTION THEREOF WITH SAID LINE COMMON TO SECTIONS 31 AND 32; THENCE ALONG SAID COMMON SECTION LINE SOUTH 0° 14'32" EAST 33.88 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF THAT REAL PROPERTY CONVEYED TO AAT COMMUNICATIONS CORPORATION BY INSTRUMENT No. 308770, MADISON COUNTY RECORDS; THENCE ALONG SAID NORTH LINE NORTH 89°45'28" EAST 100.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE EAST LINE OF SAID LANDS OF AAT COMMUNICATIONS SOUTH 0° 14'32" EAST 100.00 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF THAT REAL PROPERTY 06009ADVR (2) Page 2 of 3 ~ ~ CONVEYED TO TETON COMMUNICATIONS INCORPORATED BY INSTRUMENT No. 234394, MADISON COUNTY RECORDS; THENCE ALONG LAST SAID NORTH LINE NORTH 89°45'28" EAST 217.74 FEET TO THE INTERSECTION THEREOF WITH THE NORTHEASTERN LINE OF THAT REAL PROPERTY CONVEYED TO DSC INVESTMENTS, L.C., AS THE SECOND INCLUSION OF TRACT I OF SCHEDULE "C" OF THE AFORESAID INSTRUMENT No. 256773; THENCE ALONG SAID NORTHEASTERN LINE, AND THE NORTHWESTERLY EXTENSION THEREOF NORTH 33° 15'44" WEST 491.32 FEET; THENCE SOUTH 89°45'28" WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5.45 ACRES, MORE OR LESS. 06009ADVR (2) Page 3 of 3 Instrument # 443 REXBURG, MADISO HO 2006-11-03 04:18: o. of Page : 4 Recorded for :CITY OF R XUB G MARILYN R. RASMUSS Fee: 0.00 Ex-Officio Recorder De ORDINANCE 976 AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY the City of Rexburg, Idaho: SECTION I: That the zoning map of the City of Rexburg, Idaho, which is filed with the city clerk thereof, be, and the same is hereby amended and changed to provide that the hereinafter described property situated in the City of Rexburg, Madison County, State of Idaho, be zoned as hereinafter set forth. The said parcels are located in the area of 1151 South 2°~ East in Rexburg, Madison County, Idaho, and more particularly described as follows: August 31, 2006 Description: valley view town homes, being a portion of the lands of DSC Investments, L.C.; per instrument Nos. 256773, 329730, 329731 and 329733, Madison County records. Township 6 north, Range 40 East, Boise Meridian, Madison County, Idaho. Section 32: a portion of the northwest quarter of the southwest quarter (nw1 /4sw1 /4), Section 31: a portion of the northeast quarter of the southeast quarter (net /4se1 /4), "1'he whole being more particularly described as follows: Commencing at the brass cap marking the southeast corner of said Section 31 and running thence along the line common to said Sections 31 and 32 North 0°14'32" West 1305.68 feet to t:he South 16111 corner common to said Sections 31 and 32; thence continuing along said common section line North 0°14'32" West 700.00 feet to the true point of beginning; thence continuing along said common section line North 0°14'32" West 90.00 feet to the Southernmost corner of that real property described in the third exception to tract ii of schedule "c" of the aforesaid instrument No. 256773; thence along the Southwestern line thereof North 26°14'32" West 478.18 feet; thence leaving said Southwestern line North 88°50'57" West 59.94 feet to a point on the monumented centerline of 2"~ East Street (Skyview Drive); thence along said centerline as follows: South 1°09'03" west 569.09 feet, Along a curve to the right having a cential angle of 7°31'54", a radius of 1185.88 feet, an arc length of 155.89 feet, a chord bearing of south 4°55'00" west and a chord length of 155.78 feet, and South 8°40'57" West 150.69 feet; thence leaving said centerline south 81°19'03" East 50.00 feet to a point on the Northwestern line of that real property conveyed to the City of Rexburg by instrument no.157759, Madison County records; thence along said Northwestern line North 44°45'28" East 115.06 feet to the intersection thereof with the south line of that real property conveyed from DSC Investments, L.C., to the City of Rexburg by instrument No. 329732, Madison County .records; 'I"hence along the boundary lines of last said lands of the City of Rexburg as follows: South 89°45'28" West 43.07 feet, Southwesterly along a curve to the left having a central angle of 81 °04'31", a radius of 29.83 feet, an arc length of 42.21 feet, a chord bearing of South 49°13'13" West and a chord length of 38.78 feet, North 8°40'57" East 93.65 feet, Southeasterly along a non tangent curve to the left having a central angle of 98°55'29", a radius of 14.99 feet, an arc length of 25.88 feet, a chord bearing of South 40°46'47" East and a chord length of 22.78 feet, North 89°45'28" East 268.24 feet, South 0°14'32" East 50.00 feet, and South 89°45'28" West 35.03 feet to the intersection thereof with said line common to Sections 31 and 32; Thence along said common section line South 0°14'32" East 33.88 feet to the intersection thereof with the north line of that real property conveyed to AAT Communications Corporation by instrument No. 308770, Madison County records; thence along said north line North 89°45'28" East 100.00 feet to the northeast corner thereof; thence along the east line of said lands of AAT Communications South 0°14'32" East 100.00 feet to the intersection thereof with the north line of that real property conveyed to Teton Communications Incorporated by instrument No. 234394, Madison County records; Thence along last said north line North 89°45'28" East 217.74 feet to the intersection thereof with_the northeastern line of that real property conveyed to DSC Investments, L.C., as the second inclusion of tract I of schedule "C" of the aforesaid instrument No. 256773; thence along said northeastern line, and the northwesterly extension thereof North 33°15'44" West 491.32 feet; thence South 89°45'28" West 50.00 feet to the true point of beginning. Containing 5.45 acres, more or less; to the City of Rexburg, Madison County, Idaho. The subject property shall be zoned from Low Density Residential (LDR1) to Low Density Residential (LDR2). SECTION II: `T'hat a new zonuig map showing this amendment shall be certified to and declared to be the official zoning map of the City of Rexburg by passage of this Ordinance by the City Council of the City of Rexburg. SECTION III: This ordinance shall become effective upon its passage, approval and publication. PASSED BY THE CI1"Y COUNCIL AND APPROVED BY THE MAYOR on this 01st day of November, 2006. ~.,. Shawn Larsen, Ma or ATTEST: ._. Blair D. Kay, City Clerk of November, 2006 ~,. r~ ~ ~ ~ , ~ ]. ~, _ Crest View Dr U ,.. C ~~!~ Z ~,.~~:; ` j ~ ~ ~ ~ 32 .,~ ~ ~~ ~a r~ d~j y~, 0 ~~ .O °~2. ~~~ ~G~ .. i I n% 4J~Lt5 weSL `FJ.V / IeeL, JUULIIWCSLCLly illUllg d l; U1vC lV LLtc 1C1111A.v 111 a 1.1.11 u[L1 aii~i~. vi 81 °04'31", a radius of 29.83 feet, an arc length of 42.21 feet, a chord bearing of South 49°13'13" West and a chord length of 38.78 feet, North 8°40'57" East 93.65 feet, Southeasterly along a non tangent curve to the left having a central angle of 98°55'29", a radius of 14.99 feet, an arc length of 25.88 feet, a chord bearing of South 40°46'47" Fast and a chord length of 22.78 feet, North 89°45'28" East 268.24 feet, South 0°14'32" East 50.00 feet, and South 89°45'28" West 35.03 feet to the intersection thereof with said line common to Sections 31 and 32; "Thence along said common section line South 0°14'32" East 33.88 feet to the intersection thereof with the north line of that real property conveyed to AAT Communications Corporation by instrument No. 308770, Madison County records; thence along said north line North • 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, November O1, 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 Low Density Residential One (LDR1) to Low Density Residential Two (LDR2). The said property is located in the area of 1151 South 2°d East in Rexburg, Madison County, Idaho, and more particularly described as follows: AUGUST 31, 2006 DESCRIPTION: VALLEY VIEW TOWN HOMES, BEING A PORTION OF THE LANDS OF DSC INVESTMENTS,. L.C., PER INSTRUMENT Nos. 256773, 329730, 329731 AND 329733, MADISON COUNTY RECORDS. TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO. SECTION 32: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW1/4SW1/4), SECTION 31: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4SE1/4), THE WHOLE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 31 AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 31 AND 32 NORTH 0°14'32" WEST 1305.68 FEET TO THE SOUTH 16Tx CORNER COMMON TO SAID SECTIONS 31 AND 32; THENCE CONTINUING ALONG SAID COMMON SECTION LINE NORTH 0°14'32" WEST 700.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID COMMON SECTION LINE NORTH 0°14'32" WEST 90.00 FEET TO THE SOUTHERNMOST CORNER OF THAT REAL PROPERTY DESCRIBED IN THE THIRD EXCEPTION TO TRACT II OF SCHEDULE "C" OF THE AFORESAID INSTRUMENT No. 256773; THENCE ALONG THE SOUTHWESTERN LINE THEREOF NORTH 26° 14'32" WEST 478.18 FEET; THENCE LEAVING SAID SOUTHWESTERN LINE NORTH 88°50'57" WEST 59.94 FEET TO A POINT ON THE MONUMENTED CENTERLINE OF 2ND EAST STREET (SKYVIEW DRIVE); THENCE ALONG SAID CENTERLINE AS FOLLOWS: SOUTH 1°09'03" WEST 569.09 FEET, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 7°31'54", A RADIUS OF 1185.88 FEET, AN ARC LENGTH OF 155.89 FEET, A CHORD BEARING OF SOUTH 4°55'00" WEST AND A CHORD LENGTH OF 155.78 FEET, AND SOUTH 8°40'57" WEST 150.69 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 81 ° 19'03" EAST 50.00 FEET TO A POINT ON THE NORTHWESTERN LINE OF THAT REAL PROPERTY CONVEYED TO THE CITY OF REXBURG BY INSTRUMENT No.157759, MADISON COUNTY RECORDS; THENCE ALONG SAID NORTHWESTERN LINE NORTH 44°45'28" EAST 115.06 FEET TO THE INTERSECTION THEREOF WITH THE SOUTH LINE OF THAT REAL PROPERTY CONVEYED FROM DSC INVESTMENTS, L.C., TO THE CITY OF REXBURG BY INSTRUMENT No. 329732, MADISON COUNTY RECORDS; THENCE ALONG THE BOUNDARY LINES OF LAST SAID LANDS OF THE CITY OF REXBURG AS FOLLOWS: SOUTH 89°45'28" WEST 43.07 FEET, SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 81 °04'31", A RADIUS OF 29.83 FEET, AN ARC LENGTH OF 42.21 FEET, A CHORD BEARING OF SOUTH 49° 13' 13" WEST AND A CHORD LENGTH OF 38.78 FEET, NORTH 8°40'57" EAST 93.65 FEET, SOUTHEASTERLY ALONG A NON TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 98°55'29", A RADIUS OF 14.99 FEET, AN ARC LENGTH OF 25.88 FEET, A CHORD BEARING OF SOUTH 40°46'47" EAST AND A CHORD LENGTH OF 22.78 FEET, NORTH 89°45'28" EAST 268.24 FEET, SOUTH 0° 14'32" EAST 50.00 FEET, AND SOUTH 89°45'28" WEST 35.03 FEET TO THE INTERSECTION THEREOF WITH SAID LINE COMMON TO SECTIONS 31 AND 32; THENCE ALONG SAID COMMON SECTION LINE SOUTH 0° 14'32" EAST 33.88 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF THAT REAL PROPERTY CONVEYED TO AAT COMMUNICATIONS CORPORATION BY INSTRUMENT No. 308770, MADISON COUNTY RECORDS; THENCE ALONG SAID NORTH LINE NORTH 89°45'28" EAST 100.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE EAST LINE OF SAID LANDS OF AAT COMMUNICATIONS SOUTH 0°14'32" EAST 100.00 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF THAT REAL PROPERTY CONVEYED TO TETON COMMUNICATIONS INCORPORATED BY INSTRUMENT No. 234394, MADISON COUNTY RECORDS; THENCE ALONG LAST SAID NORTH LINE NORTH 89°45'28" EAST 217.74 FEET TO THE INTERSECTION THEREOF WITH THE NORTHEASTERN LINE OF THAT REAL PROPERTY CONVEYED TO DSC INVESTMENTS, L.C., AS THE SECOND INCLUSION OF TRACT I OF SCHEDULE "C" OF THE AFORESAID INSTRUMENT No. 256773; THENCE ALONG SAID NORTHEASTERN LINE, AND THE NORTHWESTERLY EXTENSION THEREOF NORTH 33°15'44" WEST 491.32 FEET; THENCE SOUTH 89°45'28" WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5.45 ACRES, MORE OR LESS; 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 October 31, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 6th day of October, 2006. `O OF ~~P~~ CITY OF REXBURG By ~ , Blair D. Kay, City Clerk Published: October 11, 2006 October 28, 2006 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 o4Qexe~q~,7 U ~ 0 CITY O F REXBURG Americai Family Gammunity Valley View Townhomes -Preliminary Plat 1. On October 12, 2006, Winston Dyer presented to the Rexburg Planning & Zoning Coordinator a Request and Application fox a Preliminary Plat for Valley View Townhomes. 2. On October 19, 2006, Winston Dyer presented to the Rexburg Planning & Zoning Commission the Request fox approval of the Preliminary Plat for Valley View Townhomes. Joe Laird motioned to recommend to approve the preliminary plat fox Valley View Townhomes with the stipulation that the various staff review comments and the Commission's concerns be addressed. David Stein seconded the motion. None opposed. Motion carried. Findings of Fact City of Rexburg 12 Norfh Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 pQ~r:xu~q., r~ ~~ ~~ ",~ ; > cr~r cyr ~~ Arncricrz's f-ami(y f~irrurawnity DSC Investments -approx. 1085 South 2"d East Rezone 1. On September 8, 2006, The Dyer Group presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Rezone located at approximately 1085 South 2na East from Low Density Residential 1 to Low Density Residential 2. 2. On September 1, 2006, the City Clexk sent the Notice of Public Hearing to be published in the local newspaper for September 6, 2006 and September 16, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On September 21, 2006, Winston Dyer presented to the Planning & Zoning Commission for the City of Rexburg his Request for a Rezone located at approximately 1085 South 2na East from Low Density Residential 1 to Low Density Residential 2. David Stein motioned to table the rezone request from LDR1 to LDRZ at approximately 1085 South 2na East until we get clarification from legal council on whether we can rezone a property contingent upon a specific development concept. Mary Ann Mounts seconded the motion. None opposed. Motion carried. 4. On October 5, 2006, Mary Ann Mounts motioned to pick up the rezone from LDR1 to LDR2 at approximately 1085 South 2„a East off the table. Dan Hanna seconded the motion. Chairman Dyer abstained. None opposed. Motion carried. Chairman Robinson clarified that the only issue they are discussing is the rezone from LDR1 to LDR2 on the proposed property. Stephen Zollinger said this is correct. He asked the Commission to disregard any pictures they have seen of a proposed development on the property. The public hearing was completed in the previous meeting. Since all present Commissioners were present for the public hearing, they axe able to proceed with discussing the request. The Commission recalled the public hearing and the testimony given. Mike Ricks motioned to recommend to City Council to rezone the property in question from LDR1 to LDR2. Mary Ann Mounts seconded the motion. None opposed. Motion carried. 5. On November 01, 2006, Council Member Erickson moved to approve the re-zone from LDR1 to LDR2 on the advertised legal description and with the condition the project will move forward as presented by the developer; if the project does not progress as presented, the lot will revert back to an LDR1 Zone; Council Member Schwendiman seconded the motion; all voted aye, none opposed. The motion carried.