HomeMy WebLinkAboutAPPLICATION & DOCS - 06-00557 - Powell Subdivision - Rezone from LDR2 to LDR1t' Rezone Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
aF RexeuR�
�i f 0
U O
CITY OF
REX
0
America's Family Community
Note: A pre - application conference with staff is required prior to the submittal of this application.
Contact Community Development at 359 -3020 x312 for details.
Fee(s) Paid: Yes /No
Publication Fee: $250.00
Current Zone:
Rezone Fee: $
Lj,� �
Requested Zone: F ee-5 vvai vA
Application Information
Applicant: C Phone: b U
❑ tner ❑ Purch ser ❑ Lessee
Applicant's Address: 11 C . AA A Q City /ST /Zip: g [,)S 4, ID !3 3 !A n
Recorded Owner: Phone:
Recorded Owner's Address:
Contact Person (If different from
Address of Subject Property:
Phone: 5fA -'b7 D -?_?C• ; &_4
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:
Annexation Fee $250.00 Publication Fee $250.00 Total Fees Due $ '6 ( &G,W
Rezone Fees
Less than 1 acre: $500.00 Over 10 acres, less than 20: $1500.00
More than 1 acre, less than 5: $850.00 20 acres and over: $2500.00
5 to 10 acres: $900.00 Zoning Verification Letter: $25.00
City /ST /Zip:
Date of Notice: Date of Public Hearing:
Ll
Development Information
1. Size of Property
2. How is the property now used?
0
Square Feet (or) Acres
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?
6. Why are you requesting annexation into the City of Rexburg?
7. What use, building or structure is intended for the property?
8. Will this annexation have an impact on the schools?
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?
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: Date:
2
• i
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 '/2 x 11 "" at 1" = 300' scale, showing location and current zoning of the
property. A map is available from the City Planning and Zoning Office. Please indicate the location of your
property on the map.
2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed
on a separate page. All land descriptions must be certified by a land surveyor registered in the State of
Idaho.
a. Description shall mathematically close.
b. Descriptions shall be provided for the perimeter of the total area for which annexation is being
requested; and for each zone (separate zoning classification) within said request. All zone
descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of
bearing based upon two (2) known points from which the descriptions are based.
c. Descriptions provided may be required to be modified by the applicant to include adjacent roads,
canals, ditches, rivers, creeks, etc. as may be identified by the Public Works Department.
3. Photographs. Photos of existing site conditions.
4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form.
K3
0
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
OF 4EXB V V
CITY OF
° REX
Americas Family Community
State of Idaho
County of Madison
I,
Name
City
Address
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:
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 herm 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
•
•
APARTMENT OWNERS IN POWELL ADDITION
1.
Richard Ferguson
2.
Ed Malstrom
3.
Josh Clark
4.
Brent Hensley
5.
Paul Lafollette
6.
Ralph Lewis
7.
Dana Izatt
8.
Don Hammar
9.
Michael Tatum
10.
Ralph Thompson
11.
Aaron Romney
12. Garry Smith
13. Judy Rodriquez
14. Steve Parkinson
15. Charles Mickelsen
545 Maple Dr
525 Maple Dr
431 E. 2nd S.
130 Elm
106 Birch
484 Maple Dr.
531 Linden Ave
475 Linden Ave
522 Linden Ave
466 Linden Ave
430 Linden Ave (He is already in complete compliance as
he is a special case)
1292 Meadowview Ave, Rexburg (415 E. 2 So.)
P.O. Box 5253, Whittier, CA 90697 (96 Birch)
76 Birch
75 Oak
LJ
POWE:l I A
—Li lu;
N F" 11VINFAIA- ON I E'Ll"T
-L VII - --- PV-L-fi-f-L
- &:on W
£ =i - ?
T here a-m 0" ' `- h
- IOMC4�2 in I �l 4 ( l , I fff ol U C h Ll I I L I
e c Aml S -a IM. AYM A."i
It 6 - ne"K a Ilread-V - ha - v , we do not - n oW .11 Ulley ha
I L
+ t- A
ar
on q i e. d u ota,
0
1 nut apmrin
more lots are. bi i7' enoum C. all.
—.s A I +i.-- -1
1 YAQ. - -I� et hamure been
e Liniles
y
on
a wca
du �
m 1- now. so we didno inclu f
apar.b. I n thm., sir el, fhat vve lax
. = de them in
3 1 t h -C Q "I CNrcl.4 wan4 4
C. S 11V L to m E.ii =J DR II ana
M
z g� r il l + 1 i S are v L fl
�� .4Q
11S pe.o. If- are g to
en 4- ng L 3UT U
he tr A end fffiat pl�
UJIM11.1 UUT fdN Ul IN
-;i p! rhns +!
nom
, our neig lle .- o l
c In an i n g hborhood Irrorn. own i ----Ie-u
= %
z L I- -
C I �411 U U. 1 -H U, 1-1 orl-91 Er.
• We, the undersigned, are desirous to change our zoning from LDR2 to
LDRI.
t 4
2 21(
3 22
5
6 25
7 > G l: i �) s 't .J ��� h 26
-s
10 �� �ea` 29 .
11 _.. P4 30
12 _ a� 31
13 �,�( �crvr� ___- .
14 � lt'� c /L � 3 Da.�ti
15 ... >
16 � ;�� 35
t�w a
17 CS36 y(• VZ-O
19 � � � ��'�' 38 . � � ( A�" f�iiwV)
Da le
I n i n v- M R r " ho - 0. 7 V
I ar zs z _ y G - i
fie!
mi. n
—A ul—_
H7
•
iC� A - IIL .4 -
1 4
1 r7
A.S.
0
AZ
M;a
A T
,4
4i 10
al ull J - L - 1 1 aa in. n bm Is dia
. se 1
M- i
E s -.I z
-Ul V V-Y
i S
W
nW!
-i
a = - #,
it f7ms _ >I _
Nq
a
w louti
M - M
1 i -
- I - j U. i re. D
adt 19
N a
4-
7 T Z—,
rr M.
•
•
We, undersigned desire to change our zoning from LDR2 to LDR1.
/-2-) �
y 63 L AVe,
1 -/3 JCS,
�i a dc 3S� -S `�`�
3aa Z, 3SIe-7
•
0
We the undersigned are desirous to change our zoning from
LDR -2 to LDR -1.
I.
z[
Name
Address
pLk 4 *wr o rr lv n r— "�",ha 4u 4-
m, s-t I D yi , C h4 r I & rr o ff h - r�-�-
0.ver h i-� ��rkk
".A
rn;
L l Z-
41 e q L; njt_,7 _ q 3 _G a? W7 JS
4? L m,L�-
5 - 2 5 rr%4
iQ's c/ ))2
Fol
E
4//0
Madison County / City of Reiurg GIS 0 Page 1 of 1
O
C7
m
z
A�
� O
f1► Z
O �
N A�
n L O
a c
8 x ; t `
6 A 9
mi I `x
r rn
o
zc _
Ml
A
$
MME
i
z!4
c
_
me
O
x me
a x z
2 x
Q
mi I `x
r rn
o
zc _
Ml
MME
i
A
O
http: / /gislintranetlarcimsl printable. aspx? MapURL= http:HagentsmithloutputlarcIMS AGE... 11/3/2006
APARTMENT OWNERS IN POWELL ADDITION
1.
Richard Ferguson
2.
Ed Malstrom
3.
Josh Clark
4.
Brent Hensley
5.
Paul Lafollette
6.
Ralph Lewis
7.
Dana Izatt
8.
Don Hammar
9.
Michael Tatum
10.
Ralph Thompson
11.
Aaron Romney
12. Garry Smith
13. Judy Rodriquez
14. Steve Parkinson
15. Charles Mickelsen
545 Maple Dr
525 Maple Dr
431 E. 2n S.
130 Elm
106 Birch
484 Maple Dr.
531 Linden Ave
475 Linden Ave
522 Linden Ave
466 Linden Ave
430 Linden Ave (He is already in complete
compliance as he is a special case)
1292 Meadowview Ave, Rexburg (415 E. 2` So.)
P.O. Box 5253, Whittier, CA 90697 (96 Birch)
76 Birch
75 Oak
ORDINANCE 978
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 ESIGNATED;
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 Powell Subdivision and the Mickelsen
Subdivision to the City of Rexburg, Madison County, Idaho, and more particularly
described as follows:
Blocks 1, 2, 3, 4, 6, 7, 8, 9 and 10 of the Powell Modification Plat of the Rigby
Addition to the City of Rexburg, Madison County, Idaho; this includes all of the
Mickelsen Subdivision to the City of Rexburg, Madison County, Idaho.
The subject property shall be zoned from Low Density Residential Two (LDR2) to
Low Density Residential One (LDR1).
SECTION II: That a new zoning 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 CITY COUNCIL AND APPROVED BY THE
MAYOR on this 07th day of February, 2007.
S` aiwa n Larsen, Mayor
A'I TEST:
Blair D. Kay, City Clerk
�ir�" Instrument # 334690
REXBURG, MADISON, IDAHO
,4 2007 -02 -08 01:41 :00 No. of Pages 2
� Recorded for: CITY OF R X�URG Fee: 0.00
�y� MARILYN R. RASMUSSE
A I Ex- Officio Recorder Dep —
0th of February, 2007
STATE 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 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 ESIGNATED;
AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
Passed by the City Council and approved by the Mayor this 07 day of February,
2007.
Blair D. Kay, City Clerk
E
• 0
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
' ;o �gF.Xepp c f7
� y
CITY OF
REX
America's Family Community
Powell Subdivision
Rezone
On November 1, 2006, Stephen Zollinger presented to the Rexburg City Council a petition
signed by members of the Powell Subdivision and Mickelsen Addition for rezoning the
neighborhood from Low Density Residential 2 to Low Density Residential 1. The City
Council was in agreement to have Planning and Zoning Administrator Gary Leikness start
the process to go forward with a public hearing to change the zone from LDR2 to LDR1 as
requested with the City Council being the driving force.
2. On November 17, 2006, the City Clerk sent the Notice of Public Hearing to be published in
the local newspaper for November 21, 2006 and December 2, 2006. A notice was posted on
the property and sent to all property owners within 300 feet of the above mentioned
property.
3. On December 7, 2006, Gary Liekness presented to the Planning & Zoning Commission for
the City of Rexburg the Request for a Rezone of the Powell Subdivision, which includes the
Mickelsen Addition, from Low Density Residential 2 to Low Density Residential 1.
Charles Andersen motioned to recommend to City Council to rezone the Powell
Subdivision to Low Density Residential 1. Randall Porter seconded the motion.
Charles Andersen amended his motion to include the Mickelsen Addition in the zone
change. Randall Porter seconded. None opposed. Motion carried.
4. On February 07, 2007 in City Council, Council Member Erickson moved to approve the
zone change request for the Powell Addition and the Mickelsen Addition accepting the
recommendation of the Planning and Zoning Commission to change the zoning from LDR2
to LDR1; Council Member Stevens seconded the motion; Discussion: Council Member
Schwendiman asked if the lot sizes were big enough; Council Member Erickson said some of
the lot sizes are not big enough; however, the Planning and Zoning Commission ensured
everyone was treated fairly on this issue. They approved Conditional Use Permit for those
properties that made application for an apartment status. They would not allow the
neighborhood to go any further than where it is now. Council Member Schwendiman was
in favor of the neighborhoods having a say in the process; however, he did not want to set a
bad precedent. Council Member Erickson said a neighborhood south of this neighborhood
has some properties that had exceptions to the LDR1 Zone; because they were already in
existence, they were allowed to continue. Council Member Stevens commented on the need
for neighborhood restrictive covenants. Most restrictive covenants in a subdivision expire
after 20 to 25 years. Mayor Larsen called for a vote: All voted aye, none opposed. Council
Member Young abstained from the vote. The motion carried.
0 0
Planning and Zoning Department oFa EXB� R � ,
STAFF REPORT °
Ul� O
12 North Center garyWrexburg.org Phone: 208.359.3020 x314
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
C IT Y OF
REX BURG
Americas Family Community
SUBJECT: Rezoning Application, file # 06 00557
APPLICANT: City of Rexburg
19 E Main
PO Box 280
Rexburg, ID 84330
PROPERTY OWNER(S): Various, see Exhibit A
PURPOSE: Request to rezone area from LDR2 to LDR1.
PROPERTY LOCATION: See Exhibit A
PROPERTY ID: See Exhibit A
COMPREHENSIVE PLAN: Low - Moderate Residential Density
CURRENT ZONING: Low Density Residential 2 (LDR2)
PROPOSED ZONING: Low Density Residential 1 (LDRI)
SORROUNDING LAND USES
AND ZONING: North Hospital, LDR1/Professional Overlay
East Residential, LDRI
South Residential, LDRI
West Residential and Medical Offices, LDR2, and LDR2/Professional
Overlay
APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926)
§ 6.14 Amendments to this Ordinance
AUTHORITY § 6.14 (E) "The Commission may recommend that the amendment be
granted as requested, that it be modified, or that it be denied"
I. BACKGROUND
The area under consideration is generally known as the Powell Subdivision, and is outlined in
Exhibit A. The area is located south of Madison Memorial Hospital. The Planning and Zoning
Department was directed by the City Council to initiate the rezoning of the area based on a petition
(see Exhibit B) submitted by the Powell Subdivision neighborhood.
Case No. 06 00557 Page I
0 9
The application is a request that the City rezone the subject property from Low Density Residential 2
(LDR2) to a more restrictive zoning classification of Low Density Residential 1 (LDR1). The general
difference between these zones is that LDRI requires greater setbacks for developments and also
disallows several land uses which are conditional uses in the LDR2 zone, they are:
1) Two - family dwelling units
2) Assisted and residential care facility
3) Residential facility for elderly persons
4) Cemeteries
5) Nursery Schools
6) Libraries
7) Golf Course with country club
8) Tennis courts
9) Ice skating
10) Pools
The Rexburg Development code allows for the Commission to make recommendations to the City
Council regarding whether or not property should or should not be rezoned based on the criteria
found in section § 6.14 (E)(1).
II. SITE DESCRIPTION
Located directly south of the Madison Memorial Hospital, the subject property encompasses the
platted subdivisions of Powell and Mickelsen. The total area involved in this re- zoning request is
approximately 34 acres including public rights -of -way. There are approximately one hundred and
nine tax lots involved in this request with all but one lot used for residential purposes. There is one
lot on the corner of Ash Avenue and Main Street that is developed as a medical office.
The surrounding area is generally hospital and medical offices to the north and west, with single
family residences to the south and east.
III. ANALYSIS
The following criteria are to used for evaluating the request to rezone. The criteria are followed by
staff's analysis.
a. Be in conformance with the City's Comprehensive Plan
The comprehensive plan map, or preferred land use map, designated the subject property as Low -
Moderate Residential Density (LMRD). A zoning designation of LDR1 is an allowed zone with
LMRD land use designation, therefore, this criterion is met.
b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities,
solid waste collection and disposal, and other utilities.
The proposal is for an area of existing and functioning infrastructure. This criterion is therefore
met.
c. The capacity of existing public services, including but not limited to, public safety services,
public emergency services, schools, and parks and recreational services..
The area currently has access to all public services described, therefore this criterion is met.
d. The potential for nuisances or health and safety hazards that may adversely affect adjoining
properties.
Case No. 06 00557 Page 2
•
The proposed zoning of LDR1 has greater restrictions in places such as setbacks and land uses,
therefore staff anticipates no further impacts than what may already exist. This criterion is
therefore met.
e. Recent changes in land use on adjoining properties or in the neighborhood of the map
revision.
Land uses in the neighborhood and the surrounding areas are generally stable. The proposed
zoning of LDRI is similar in nature to the existing LDR2 designation. Though surrounding land
uses include medical offices and a hospital, the uses have been generally built and operated in
manner that is compatible with the subject property. Based on this information, this criterion is
met.
IV. STAFF RECOMMENDATION
Staff recommends that the Commission take public testimony, and determine if the proposed re-
zoning request satisfies the above criteria. Should the Commission find that the criteria are met, then
a recommendation of approval should be made to the City Council.
Case No. 06 00557 Page 3
0 0
EXHIBIT A
Boundary Map of Area to be Rezoned
Case No. 06 00557 Page 4
B f
7T
d
arvar I Ave
Professional Pla St
CD
I
N
O
N 3rd E
CD S 3rd E
r
O
�
N m
R r
_
O
r
m
CO
F
S 4th E
Birch Ave
�
v
Mohawk Ave
°v
si
Q.
Elm Ave
�
s
{9 X
yyii s /v
,I 0
Apache Ave
o
�O
Oa�q�e
Linden Ave
a 0)
Nez Perce Ave
g
Q.
P
N Millhollow Rd
'I
a ac
old 11!W
x
3
301100
c Marigold St
B N Q�
dS
PP
J
N
m
ilac St
r
8
acv
J19F
�
I
N
S Hidden Valley Rd
Pa /.a1len�aPP1
�
LI
0 0
Ralph W. Thompson, Sr.
Professor Emeritus, Ricks College Editor / Proofreader
446 Linden Avenue • Rexburg, Idaho 83440 -2041 • Telephone [208] 356 -5988
Planning and Zoning Commission
City of Rexburg
Gentlepersons:
December 4, 2006
I received your recent notice of public hearing concerning a change from LDR2 to I.DRI for the Powell
and Mickelsen additions.
I have some concerns about clarity.
1. Do all recipients understand the implications of the zone change? Clarification in the letter
would have taken just a few words.
2. The verbal description of blocks 1 through 10 of the Powell addition does not correspond to
the enclosed plat of the area.
3. Nowhere on the proposed rezone map are the Powell addition or blocks 1 through 10 labeled.
4. The outlined area for rezoning includes a medical office on the corner of Ash and Main
Streets. Will this be grandfathered in? If not in use for a year, will it revert to residential?
5. Three homes at the top of Birch Avenue are not included in the rezoning outline: Vs 148,
160, 172. Will they remain in zone LDR2? Have the owners opted not to be included? Is it
possible for other individuals within the proposed rezone area to opt out?
6. Does the rezoning protect residents on the north side of Maple Avenue from future hospital
expansion?
I have no objection to the zoning change. I do recommend clarification and correlation of future notices
and accompanying maps.
Conce n and 'dent of the area to be rezoned.
Ralph W. Thompson, Sr.
i
November 9, 2006
<<Primary_Contact>>
<<Mailing>>
<<City>>
Dear Home Owner,
O� RExe4`'PC
L �O
ti
CITY O f
REXBURG CW
America`s Family Community
0
The City of Rexburg received a petition last week from neighbors in the Powell Addition
requesting an up -zone from Low Density Residential Two (LDR2) to Low Density
Residential One (LDR1). The net effect of this request is to limit additional registered
apartments or two family units in the Powell Addition neighborhood.
The city will process the neighbors request for a public hearing to up -zone the
neighborhood on December 07t 2006. The process will extend into January, 2007 to
finish a public hearing with the City Council and publish an ordinance.
There have been several homes in the neighborhood identified with a second unit or
apartment in the home. Any home owner in the Powell Addition or Mickelsen Addition
who currently has an apartment and does not yet have a "Conditional Use Permit" can
join in a combined request for a "Conditional Use Permit" and share in the combined
public hearing cost of $450.00. Those homes that do not obtain a "Conditional Use
Permit" will be out of compliance, and may lose the ability to continue using an
apartment in their home.
You may contact the Planning Department at 19 East Main Street with any questions.
Their phone number is 208 - 359 -3020 ext. 334 or ext 314.
CITY OF REXBURG
Thank you,
Blair D. Kay
City Clerk
Blair D. Kay - City Clerk 12 N. Center Rexburg, ID 83440 R O. Box 280
Phone (208) 359.3020 ext.313 Fax (208) 359.3022
email @ -xburg.org avan - xburg.org
w �
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before City Council of the
City of Rexburg, Idaho, Wednesday, February 07, 2007, 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 Low Density Residential (LDR2) to Low Density Residential (LDR1).
The said parcels are located in the Powell Addition and the Mickelsen Addition including Ash
Avenue, Birch Avenue, Elm Avenue, Linden Avenue, Maple Avenue, and Oak Avenue. These
streets are south and west of Madison Memorial Hospital in Rexburg, Madison County, Idaho,
and more particularly described as follows:
Blocks 1, 2, 3, 4, 6, 7, 8, 9 and 10 of the Powell Modification Plat of the Rigby Addition to the
City of Rexburg, Madison County, Idaho; this includes all of the Mickelsen Subdivision to the
City of Rexburg, Madison County, Idaho.
At such hearing City Council will hear all persons and all objections and recommendations
relative to such proposed permit. The City Clerk will also accept written comments at City Hall
prior to 4:00 p.m. on February 06 2007.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and
all amendments thereof.
DATED this 08 day of January, 2007.
\ \ \ \\\\ tIIIII /1 U / / / / /j��
�
......E
PORA
0:o
/ /l1111 I II \1\\ \0
CITY OF REXBURG
Bye
Blair D. Kay, City Clerk
Published: January 20, 2007
February 03, 2007
•
0
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, December 07, 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 Low Density Residential (LDR2) to Low Density Residential (LDRI).
The said parcels are located in the Powell Addition and the Mickelsen Addition including Ash
Avenue, Birch Avenue, Elm Avenue, Linden Avenue, Maple Avenue, and Oak Avenue. These
streets are south and west of Madison Memorial Hospital in Rexburg, Madison County, Idaho,
and more particularly described as follows:
Blocks 1, 2, 3, 4, 6, 7, 8, 9 and 10 of the Powell Modification Plat of the Rigby Addition to the
City of Rexburg, Madison County, Idaho; this includes all of the Mickelsen Subdivision to the
City of Rexburg, Madison County, Idaho.
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposed permit. The City Clerk will also accept written
comments at City Hall prior to 4:00 p.m. on December 06` 2006.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and
all amendments thereof.
DATED this 17` day of November, 2006.
0, 4
U G :
AL.
O / S�g TE .. O
CITY OF REXBURG
Blair D. Kay, City Cle k
Published: November 21 2006
December 02 nd , 2006
C�
•
Blocks 1, 2, 3, 4, 6, 7, 8, 9 and 10 of the Powell Modification Plat of the Rigby Addition
to the City of Rexburg, Madison County, Idaho; which includes all of the Mickelsen
Subdivision to the City of Rexburg, Madison County, Idaho.
- �-
lL j
Corey D. Barnard
272 E. 2 South
Box 882
Rexburg, ID 83440
Blair Kay JAN 19
City Clerk c1o"C. Z�p�
City of Rexburg III:-Y&UPI
12 N Center Street 0
Rexburg, ID 83440
Dear Mr. Kay:
Please accept this letter as my official appeal of Rexburg's Planning and Zoning
Commission's (The Commission) decision to accept the 14 conditional use permits in the
Powell-Subdivision submitted by Gary Leikness I at it's scheduled hearing on-January 4,
2007. This decision by the Commission is in violation of or is contradictory to the current
City of Rexburg Development Code, Rexburg City Ordinances, the previous
Comprehensive Plan (the, current Comprehensive Plan 2010 has not been adopted), the
current Comprehensive Plan Map, and the input of citizens during the compilation of the
comprehensive plan 2010 concerning this type of land use in residential areas. This
decision by the Commission has devalued the historic feature of significance to the
community of Rexburg and is not harmonious with the existing character of the Powell
Subdivision.
Please advise me of my appeal date and time to the City Council so that I can prepare a
full and concise written defense of this appeal.
Thank you for your time.
Sineer
or y D. Barnard
WE
13 4S 46196 b38WnN 133P0Md _. _...
oil
�l,lr
'SaL wyocaaw Ottiv <
NO&0Sbt0� s N3S1
S3d0l;
IN
OWIR t
1SV3 0
3fwL eta 01 100t OvItlt 0 »M 0 -4i 4 0 6 7 let W&S, O f " ! l INOd
40 f; ' +a! 0 1 41!m '1u1 MOM 3 PIPS 6ugo altoa41e05 swWl oSuuo 3N1/S31V13C
o of tut 119' l C t 140.0%"N nw
4 iut 01'96 A.M6.00.6tN -- V E 'M! .£t.Z0.81 N uw4i
s0ue'"
4i 4101 St;6St 4M0N x 400�
11�I0d 3Rtt1 041 of 1 Z9'tGt 41 6xmp •iMl Wt I 4603 ia toltayt bu��
Puc 04001 Aum0J m' " PS 1'03 Ot 41+ 9 M48-1
BZ - q**S I -PM 6 -"4 0 40 *41 t 00 !WPV M09I :41 /0 uOYoc 0
• W 1DId U0!i0 .P" A "wd 0 41 1 'Q 4"M ;10 Jew" ta 40 6umcotag .. _.
D # °>aoie NOUdIN SJU AdVON
lo,
3 CON 13315 'O V 99'1 V 1V101
Q l 3V 99• t S1Al 8
why
-/FOIL .66 .18YLZ « Pz 7 xr 't .L$ - *Or it ,80.64.12 S Y
-MOM H10N37 SMOVY Vma OHIO mum OaQNO -
3NUO NWNn
0
6t
r
Zl fl � tl ( Sl 9t Lt 9l
Ch
1N3V ¢ fit! l
13SV3 0
.'S L`' ��V 1N3Y13SY3 .0'Zt
t'7 }
.9t'B4t 3.00.00A0N 1N3W3SV3 Al
Z
C �- Z9''rLt
_
gt p �rH
O saaoo sago auoc _ + — — — = — Do ' — — - — 6
J 84'0 gt'0 J aatix gt•0 MOO gt p J s9Jx gt•O i � en L \
I t Ol
+ so 9 t C4 949UOI0 OZ-0 /
IN3193SV3 .00'01 4° 9 t'0 e
04'Z6 Z9'Z8 —
.LL'tgt 3,.00.00.005 - O
3AI80 31dYM
ONVOI ` MOO MOSIOW `ow nBX38 jo ,ctlg
.►
WS `3 0* N `N 9 1 B' N0/103S
OMn8X3d JO AW !301 01 NWOI1IOOb A-90fN NO/lY01-41COW 773MOd
-10i 1 &Yd
m
3 a
_
y
_ 7n'
n
s
i
i
i
I 1
o
A N
3
N
L N
y N
G
n
n M
N
6
8
` I N
� m
t
N I w iC
i
G ?
p V
y w� so Jn' ' T +�'✓'
q H � 2 __ i
't
� ; L 911•
!19
e i..Y �Lii'4""a„ � .-te �� � � 9
e
#
01 Vi A 11
i+
-
� A VE- -
•f H� �
6 .p
LO
I
W N = { 01
-Z
c
C. L M AY ,E. to u
7r n'
I M
A ft a
A ?
/ FO
W � N CFO 11 '
20 g4 M 19 � ��
x /4.3 E
N
QE
w
vaw
A
W
d,
pia
y
ID
ro
O
ltlsn'
N
1
D
p,QoT£CTJ vE
ac J�
1Qr
o
°0
°
0-4
00
cc =�Q
p �3= 0 17
.z@
O
0
-► n
c Mm
�
D
a� a97o
o s
dny of )./
8 o M '
M Mr
rn
o
07�
N
SIoiv of IdJ",
y
+ --
K
Uuputy
tJi
3n$
N
N
D O z tu ;
to a CL
j + �A
D
ro ti 0 T
° uY
—
a_o XMZ5
O,Z= 02a
a o yr
-r'" io
o'
s p_ - o
O � � 0
A
30 �C
gz M
r 3 W ° Z (C
a
N Sr
O . -�. -'
� �az�a
0
CD
fA < Z
�C�LC��oO
O
d
a
m
Stato of Wano u
°'
County of IA* a+,
M4
0
-► n
c
�
D
Q'clo"( A• m. 1111. —
0 T
dny of )./
8 o M '
rind Et. _orllarl in Duok
rn
o
of tti4udiwn Cuuniy
N
SIoiv of IdJ",
7
.y LL�l
'Rccordor
K
Uuputy
tJi
r
d
a
X3 ON
v ` o
1 � w ni
N O K QL
rca
m °
n
dip
rT
N
lD
A DO!
a
z °a
0 n
° Te' a *— D
C a rn
+zr
'o'er sR
to
M Z
06
a
o. kaQ z,�nn
R aN•O M
O Q A O W
a
iEC — R'
S0irn0 cl
w n
v..
O 'c 2 2
�
O
rn
m Q D
I �OK
CL S
M -''v,'
n -+
o D�
t£6f R 3
2a.u' I
Z
i °'
rn
•
C
�
n Z
1 O
0
cA f*1
O U
C7
O
Er
� G — O.,
O K S�
M
T�
aN k
U
c
b K
L n D
C)a� n
°m
M
n 0e Z
n
09 M
n p
a M
O z
a ii
0
-► n
c
�
0
0 T
"'►
8 o M '
C
rn
o
0
N
1
r
v�
0 o
� -w
r
N
n
j + �A
D
ro ti 0 T
° uY
—
a_o XMZ5
v (( "
a o yr
-r'" io
o'
A
30 �C
gz M
N Sr
0
0
CD
v
O
Cl)
0
o. �. ; y
r ,
p
o a
1
0 ro
0
�a
n
°n
x
�
I
i
X3 ON
v ` o
1 � w ni
N O K QL
rca
m °
n
dip
rT
N
lD
A DO!
a
z °a
0 n
° Te' a *— D
C a rn
+zr
'o'er sR
to
M Z
06
a
o. kaQ z,�nn
R aN•O M
O Q A O W
a
iEC — R'
S0irn0 cl
w n
v..
O 'c 2 2
�
O
rn
m Q D
I �OK
CL S
M -''v,'
n -+
o D�
t£6f R 3
2a.u' I
Z
i °'
rn
•
C
�
n Z
1 O
0
cA f*1
O U
C7
O
Er
� G — O.,
O K S�
M
T�
aN k
U
c
b K
L n D
C)a� n
°m
M
n 0e Z
n
09 M
n p
a M
O z
m
a ii
c
�
0
0 T
"'►
1 n
C
rn
o
0
N
z
r
v�
0 o
� -w
r
N
n
j + �A
D
—
a_o XMZ5
-4
0
-r'" io
o'
A
30 �C
gz M
N Sr
0
0
CD
v
O
Cl)
go
r ,
o a
o
0
�a
m
c
r
0 T
"'►
N
rn
o
r'
N
z
r
r- N C7
0 o
� -w
r
�QQnQ
n
a p -�C O c � Ow 0
rn a
",o, m:c
M
-"1
=
—
a_o XMZ5
-4
0
-r'" io
o'
A
30 �C
gz M
N Sr
0
0
CD
v
Z
0
Z
r ,
a
am p 01 —
a -1 a Q c n �.� o .a a Q o
M
b" 3= w�a��Q n D ?Z'—
� 'r N c � xo CL cn
In
m � ? t 0 °' � rn
06
m 0 , 2 ri8$• m 3 cz ar m
O = ,o�Tm r c
� a I p ?T ? a p a , � a on �. or
y} pr alp 1106
c K
` mlov
t� K cr
�r- or
17
M a
cma0d �r•Lnx aan�t'a�o� ��•'�+ a
M
0
v
m
C?
Z
•
F—
Nosr f� •RZS. m f '
i
81 ftc H a A Y-E-
o - I p i
42t.o - - -- - -�, ; — -F
L
1 .... 1 t
1 I r 3
4 2s• o
i y `
4.1.5,0 7e ' — L4- 0 . s '�yT�_ f,'s, \
♦23.0' 99.0. _ 1 ; � �/ -'�'� n�jr +� ,as ".o7 J.,
�.— �_ � � � — ! .ice My a O �_ S t ,.. ' } P. `f-,
� r � /4' uf:lrfy E .ner f p ' •S.� �
lye •/
oti�
xa
�•ad. J]
• - p �/O • Uf. %'ly Essc,�s..f �_ — �.� - �'� �" \� a
Ila .6
Ilk 0
. 3 MILL NO. LLOW _ ROAD _�-- "'� �-!'' '.•' ,� o
kx
N
N
A
�U
n` OL 1�1
A A b4 I I.
rn
n
O
4 j/n ;D
4 •* rn
t �p
h.
Y " Je fri
'n
t S
c O C
im
fm
O ♦ C M
N -+oo
<
s a +�
om. � � ♦ornp
+n M rt Z
° o'�N W =x
C
o' � i
O er c o 0
m
a m
O M Z
A
v
t
y "
ri
H o n
Q 0 �
J O A
O
�.' �` c
oJ:�N N
3 o ff\ C C
-qa A rn
�� -
z a Z
rn
A3 t
ell
3
�
e �
c O C
im
fm
O ♦ C M
N -+oo
<
s a +�
om. � � ♦ornp
+n M rt Z
° o'�N W =x
C
o' � i
O er c o 0
m
a m
O M Z
A
v
t
y "
ri
H o n
Q 0 �
J O A
O
�.' �` c
oJ:�N N
3 o ff\ C C
-qa A rn
�� -
z a Z
rn
A3 t
ell
J T�
�
e �
C
o
t
^
`
-
A
A
M
Ql
n
a
J T�
°• r o
C
h
A
A
1. • �, , ..,�p p. • c p
LQ
ob L i 3 1, t '`fl o r ` am 3 0 ' 4
++ t:On7'� U
b.`rs.r A.T •�'�41S� Tp �a p4 1 7 P `ii
_ «
0
n t l a � � t A A A � � '' ^ � ° �'� o ` p Z � 3 0 �" •+' � o A � r. `► �
T �� w3 rAoti -n Jn�O p jJ'
�I �J R `.•"• e C P aA P A• "* O a b 7 I A l t r1
1 `t Cn q o 2 t 0 1 D
A J °' Ll
A 0 p n 7 R Y� 3 p tR {l _ A �. !
si �s�/' I m
w �• {��S 4 "Aa nv ° a�� op G)
.� I ti 3 c a w p I• 01
'T1 ���'W
•� `t• s b! �}, � n r �•�� Z
P o a is to�1,w ; n w an O , ,C'Ft�''o \ 0',
�* \W Ar A o s rn ' rro s �� �s rn
O ; �� s ae a A
•�� rl �_ � P o 4 V � • � < !� � ' 1 X + a
fl ° a a A n n
rO�y
�W K ��o o , hlu� F .o \s N^
i
ob
r
fh
lb
n
s� o q0y
v1 i I i { I t 11
OD
Q
I {
rn I
I
ELM AV i I _
+
7-4 q D c I twaoa "
_ I I
3 II mac q+ •. ,.:{ I . .. .. w I �---- ^----- - -'--J ..
u N I t W
(� t
•
iL
jw
' �' S• 11e N
1 0 I LEA * r - ;,• . _ _ 4q >��; � � _ - ��• t ,
-.
o a • I ' 4�� c�Z` +sue' ,�•r
°
^
1 a
g A n h q - �.: 0 d. : '. S �• <
Z-
? 'M. S,( A .. O O' w • q i f m a T fD j ? a •o . a. : 0 ` .0
aosy -� G �_�C�.�
-Q O
F ,
a
_ rn
p s 3 w` D$ o a
IL X4.
Itr
q y7' 1 - � t w �� v ° m + gy m �
-C
m
N •� T
SL to i
_ }_tee
3. 3 :7Z 4O g 6 2 ..0
A
° A
o p a• Q •Za� la p a A
• q z • �e• p
m a z
�.° m • .3 '�' a. z 3
' T ,� i� µ ]
Y ,
IL w
iL
ins
_3 x °,:0 •'a °+A "° o• m,' A Sc ,'�. tiQ� �� aCn
a. ,_ �. �' . a ma o * a a _....
a a . � ._ . .a V 3 ��.. y ^ q �. s .:.�� ... -F 'Q'O � a � �:.
I ltr7p ^ri
- Y
a .. = ar a w e •• • •. A.• O 3' - - -
ID
a