HomeMy WebLinkAboutAPPLICATION, AFFIDAVIT, DEED, & DOCS - 06-00594 - Hopkin - Rezone from MDR1 to CBC•
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REXBUZG
CERTIFICATE OF MAILING
•
I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this 16
day of February, 2007 mailed to the following parties:
(See attached Mailing List)
By: � P
Blair D. Kay, City Clerk
. A 0 0
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 21, 2007, at 7:30 p.m., in the City Council Chambers
of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Medium
Density Residential One (MDR1) to Community Business Center (CBC). The Planning and Zoning
Commission recommended changing the zone to Professional Office (PO).
The city code governing this request is ORDINANCE No. 926
"DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO"
(ADOPTED FEBRUARY 16th, 2005) and Amended June 21, 2005
The said parcel is located at approximately 261 North 3rd East in Rexburg, Madison County, Idaho,
and more particularly described as follows:
Tract I:
Commencing at a point 65 feet north of the Southeast Corner of Lot 1, Block 17, of the Original
Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence
west 190 feet; thence north 50 feet; thence east 190 feet; thence south 50 feet to the point of
beginning.
Tract II:
Commencing at a point 165 feet south of the Northwest Corner of Lot 1, Block 17, of the Original
Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence
east 78 feet; thence north 88 feet, more or less, to intersect the south bank of the Rexburg Irrigation
Canal; thence northwesterly on a curve along the south bank of said canal to where it intersects the
west boundary line of said Lot 1; thence south to the point of beginning.
Tract III:
Commencing at the Southwest Corner of Lot 1, Block 17, of the Original Rexburg Townsite,
Madison County, Idaho, as per the recorded plat thereof, and running thence north 165 feet; thence
east 78 feet; thence south 28 feet; thence east 62 feet; thence south 72 feet; thence west 40 feet;
thence south 65 feet; thence west 100 feet to the point of beginning.
Tract IV:
Commencing at a point 115 feet north of the Southeast Corner of Lot 1, Block 17, of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof;
and running thence west 190 feet; thence north 22 feet; thence west 62 feet; thence north 116 feet,
more or less, to the south bank of the Rexburg Irrigation Canal; thence east along the said south
bank of the said canal to where the same intersects the east boundary line of said Lot 1 at a point
approximately 80 feet north from the point of beginning; thence south 80 feet, more or less, to the
point of beginning.
At such hearing the City Council will hear all persons and all objections and recommendations
relative to such proposed permit. The City Clerk will also accept written comments at City Hall
prior to 4:00 p.m. on February 20th, 2007.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all
amendments thereof.
DATED this 23rd day of January, 2007.
CITY OF REXBURG
B y 3&m
Blair D. Kay, City Clerk
Published: February 03rd, 2007
February 17 2007
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Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, 1D 83440 www.rexburg.org Fax: 208.359.3022
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CITY OF
REXBURG
Amer" Family Community
Dr. Hopkin
Rezone
1. On November 27, 2006, Jeff Hopkin presented to the City of Rexburg Planning & Zoning
Coordinator a request and application for a zone change at approximately 261 North 3` East
from Medium Density Residential 1 (MDR1) to Community Business Center (CBC).
2. On November 28, 2006, the City Clerk sent the Notice of Public Hearing to be published in
the local newspaper for December 30, 2006 and January 13, 2007. A notice was posted on
the property and sent to all property owners within 300 feet of the above mentioned
property.
3. On January 18, 2007, Jeff Hopkin presented to the Planning & Zoning Commission for the
City of Rexburg the Request for a Rezone at approximately 261 North 3` East from
Medium Density Residential 1 (MDR1) to Community Business Center (CBC).
David Stein asked why he did not propose Professional Office zone. Jeff Hopkin said he
does not have strong feelings. They thought it would be good to match the zoning of Dr.
Lewis' office. The City's Comprehensive Plan designates this property as Commercial.
Charles Andersen asked if staff would recommend the Professional Office zone over the
Community Business Center zone. GaKy Leikness said staff would be in support of the
Professional Office zone.
Thaine Robinson asked if we can change the property to Professional Office. Chairman
Dyer said we can, since we are only making a recommendation to City Council, and the new
zone is less intensive or impactive than the originally proposed zone.
Charles Andersen motioned to recommend to City Council to change the zone on the
property located at approximately 261 North 3` East from Medium Density Residential 1
(MDR1) to Professional Office Zone (PO). Dan Hanna seconded the motion.
None opposed. Motion carried.
4. On February 21, 2007 a public hearing was held to re -zone property near 261 North 3`
East from MDR2 to Professional Office (PO). Gary Leikness reviewed the proposal on
the overhead screen. The intent is to have a medical office. The Comprehensive Plan calls
for a commercial office zone. Neighboring property owners as well as the applicant and
planning and zoning recommended it be a Professional Office Zone. Mayor Larsen
opened the public hearing. Council Member Benfield said Professional Office is an
appropriate zone. There is already a dentist next to them. The land owner to the south is
very happy with this proposal.
•
•
Council Member Benfield moved to re -zone the property near 261 North 3" East from
MDR2 to Professional Office (PO); Council Member Erickson seconded the motion;
Discussion: Council Member Mann asked if the property is protected from going
commercial. Planning and Zoning Administrator Gary Leikness said this is not a concern.
Mayor Larsen asked for a vote: all voted aye, none opposed. The motion carried.
01/18/2007 02:45 8012988213
Craig Gasser & Associates, Inc.
Rexburg City Planning Commission
Rexburg, Idaho 83440
CRAIG GASSER
January 18, 2007
RE: Case # Dr. Hopkins Rezone — Pile # 06 -00594
To Whom It May Concern:
0
PAGE 02/03
P.O. Bca 1192
,Bo"xdfu4 Utah 840114192
Tat (801) 198 -8208
Fax (801) 298 -821-1
Recently a letter was received providing notice of a public hearing to rezone the
property ( "Hopkins Property ") located at 261 North East from Medium Density
Residential One (MDR1) to Community Business Center (CBC).
My sister, Ilene Olsen, is the owner of the Northtown Village Apartments located
next to (south) and abutting the Hopkins Property_ As I have assisted her in the
management of this property for over ten years since her husband's stroke and
subsequent death, she has asked that I review this action and make comments to the City
in her behalf
Also, having been involved in the real estate brokerage, development and
management industry for over thirty years my remarks come from many years of
experience in addressing the type of matter that is before the Planning Commission on the
proposed Hopkins Property rezone.
.A, matter of great concern is that the proposed CSC zone designation is very
broad in the allowable commercial uses that can be placed on the property. There has
been indication that the intended use on the Hopkins Property would be for a professional
office building, however if the property were granted the rezone as requested, the
property owner would be under no obligation to ultimately use the property for
professional offices. This is what concerns us.
The Northtown Village Apartments consist of 16 apartment units that are rented
to primarily families, many of which have young children. The neighborhood along 3
East is either single family homes or apartments. It is generally quiet at night with very
little traffic and is ideal for those wishing to enjoy a comfortable home environment.
01/18/2007 02:45 8012988213 CRAIG GASSER PAGE 03/03
Rexburg City Planning Commission
January 18, 2007
Page 2
By introducing a commercial use adjacent to the Northtown Village Apartments,
possibly, similar to those type of businesses located on 2 nd East would be a travesty and
imposition, to say the least, on those who call Northtown Village Apartments their home.
Issues range from noise, traffic, lights, congestion, vandalism and more as possible
detriments that follow commercial type business establishments.
Our concern is not as much the rezone to allow for a professional office use as
much as it is for the many different commercial uses that are permitted under the CBC
zone_ Once the property is rezoned CBC, the property owner is under no obligation to
build professional offices, and we have strong objections to allowing many, if not most of
the permitted uses under the CPC zone designation on the Hopkins Property.
So as not to discourage the sale of the land or its development, we would favor
and support the proposed CBC rezone if there was also placed on it a Professional Office
(PO) zone overlay thereby allowing the proposed development to go forward but also
restricting the uses on the property to that which is allowed under the PO zone.
The CBC zone with a PO overlay is still consistent with the intentions of the
comprehensive plan, and is more acceptable to us as an adjacent property owner.
We therefore request the Planning Commission to make the rezone of the Hopkins
Property contingent upon a PO overly.
Thank you for your support in this matter.
Sincerely,
CU*I. �-
Craig R. Gasser
Representative of Ilene G. Olsen.
Cc: Ilene G. Olsen
7midonty rezone
01/18/2007 02:45 8012988213 CRAIG GASSER PAGE 01/03
ti
F,A.CSIMILE TRANSMISSION
Craig Gasser & .Associates, Inc.
TO: �'1 L � 1 Date_ p
of pages: 3
FAX No: 2 5Q 3 S 3 o Z
M? From.: Craig R. Gasser
Craig Gasser & ,Associates, Inc.
P.O_ Box 1192
Bountiful, UT 84011 -1192
TEL: (801) 298 - 8208
FAX: (801) 298 -8213
Comments_ — G — N%A
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Re: C k - r e
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* * * IF YOU DO NOT RECEIVE ALL OF TBE PAGES * * *
P CO US AT (801) 298 -8208
facsimile Original will , will not be sent by mail
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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CI T Y O F
REX
Americas Family Community
Dr. Hopkin
Rezone
1. On November 27, 2006, Jeff Hopkin presented to the City of Rexburg Planning & Zoning
Coordinator a request and application for a zone change at approximately 261 North 3` East
from Medium Density Residential 1 (MDR1) to Community Business Center (CBC).
2. On November 28, 2006, the City Clerk sent the Notice of Public Hearing to be published in
the local newspaper for December 30, 2006 and January 13, 2007. A notice was posted on
the property and sent to all property owners within 300 feet of the above mentioned
property.
3. On January 18, 2007, Jeff Hopkin presented to the Planning & Zoning Commission for the
City of Rexburg the Request for a Rezone at approximately 261 North 3rd East from
Medium Density Residential 1 (MDR1) to Community Business Center (CBC).
David Stein asked why he did not propose Professional Office zone. Jeff Hopkin said he
does not have strong feelings. They thought it would be good to match the zoning of Dr.
Lewis' office. The City's Comprehensive Plan designates this property as Commercial.
Charles Andersen asked if staff would recommend the Professional Office zone over the
Community Business Center zone. Gary Leikness said staff would be in support of the
Professional Office zone.
Thaine Robinson asked if we can change the property to Professional Office. Chairman
Dyer said we can, since we are only making a recommendation to City Council, and the new
zone is less intensive or impactive than the originally proposed zone.
Charles Andersen motioned to recommend to City Council to change the zone on the
property located at approximately 261 North 3` East from Medium Density Residential 1
(MDR1) to Professional Office Zone (PO). Dan Hanna seconded the motion.
None opposed. Motion carried.
CITY 6F 11POP": r7l,
a.
REXBUR -G
AMERICA'S FAMILY COMMUNFFY 19 E. Main (PO Box 280) Phone: 208 - 359 -3020 x326
Rexburg, Idaho 83440 Fax: 208-359-3024
www.rexburg.om comdet�.MWa.oro
Nov 2 ? �.
Rezone Application C17`y ()
Note: A pre - application conference with staff and a pre - application neighborhood meeting are requ re'Q$rior to
the submittal of this application. Contact Community Development at 359 -3020 x2 for details.
Permit Number:
Fee(s) Paid: Yes/No
Current Zone: rv ( Cross Reference File:
Requested Zone:
Rezone: $ 61 $ + $250.00
for Publication Fee
Application Information Zle4�t �o
Applicant: s--- t� - -�- ; Phone:
❑ Owner irchaser ❑ Lessee
Applicant's Address: 2 - 0 rn �5Tn p Q J �,,_ ` City /ST /Zip:
Recorded Owner: ( e , A Phone: cz
Recorded Owner's Address - P City /ST /Zip:
Contact Person (If different from above): Phone:
Address of Subject Property:
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number: �P (( I o f 7p G., I 's -
Quarter: Section: �,, Township: C Oc-uT�, Range: q.(9 P
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
Publication Fee $250.00
Rezone Fees
Less than 1 acre: $500.00
More than 1 acre, less than 5: $850.00
5 to 10 acres: $900.00
Date of Notice:
Total Fees Due
recepT
Over 10 acres, less than 20: $1500.00
20 acres and over: $2500.00
Zoning Verification Letter: $40.00
Date of Public Hearing:
(Annexation Plan)
(Can Services
(Comprehensive Plan Complaint)
(Approval to proceed)
(Appropriate Fees Paid)
.,ex
0 6
Development Information
1. Size of Property Square Feet (or) Acres
2. How is the property now used? A
3. How are the adjoining properties used?
North: �� � . � � - 1A
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 located? (�,�,�, r 's x� _� - p
5. On what street(s) does the property have frontage? 3 IE F
6. Why are you requesting annexation into the City of Rexburg?
7. What use, building or structure is intended for the property ?
8. What changes have occurred in the area that justifies the requested rezone? c `s
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?
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? p_)N
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? ->- ,_,,, - U ( �c S -e„c v ("
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
0
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: , V Date:
3
Affidavit of Legal Interest
State of Idaho
County of M
I,
Name
City
*04
C�
C
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 rdo r er of the property described on the attached, and I grant my
permission to: �a,Q Eh !�A4 E�I'Q
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 t "j day of � i'( , 20 3C.
Signature
Subscribed and sworn to before me the day and year first above written.
" � o (-
�� Notary I ublic of Idaho
NOTA1IY 9 -- ' /
Residing at: Qt-i S 1 �`WIC-1
My commission expires: N I C � I
5
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Community
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Density Residential
Low Density
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Tract 1:
Commencing at a point 65 feet North of the
Southeast Corner of Lot 1, Block 17, of the
Original
Rexburg Townaite, Madison County, Idaho, as per
the recorded pint thereof, and running thence West
190 feet; thence North SO feet; thence East 190
feet; thence South 50 feet to the point of beginning.
Tract II:
Commencing nt a point 165 feet South of the
Northwest Corner of Lot 1, Block 17, of the
Original
Rexburg Townsite, Madison County, Idaho, as per
the recorded plot thereof, and running thence East
78 feet; thence North 88 feet, more or less, to
intersect the South bank of the Rexburg Irrigation
Canal; thence Northwesterly on a curve along the
South bank of said canal to whore it intersects the
Vest boundary line of said Lot 1; thence South to
the point of beginning.
Tract Ul:
Commencing at the Southwest Corner of Lot 1,
Block 17, of tile Original Rexburg Townsite,
Madison
County, Idaho, as per the recorded pint thereof,
and running thence North 163 feet; thence East 78
feet; thence South 28 feet; thence East 62 feet;
thence South 4e,thence West 40 feet; thence
South 65 feet; thence West 100 feet to the point of
beginning.
Tract IV:
Commencing at a point 115 feet North of the
Southeast Corner of Lot 1, Block 17, of the
Original
Rexburg Townsite in the City of Rexburg,
Madison Couoty, Idaho, as per the recorded pint
glee no or
and running thence West 190 feet; thence North 22
feet; thence Vest 62 feet; thence North
SIcIare'tx %eiW the South bank of the Rexburg
0
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• •
Irrigation Canal; thence East along the said South
bank of the said
canal to where the sstrne intersects the East
boundary line of said Lot I at a point
approximately NO feet North from the point of
beginning; thence South 80 feet, more or less, to
the point of beginning.
��,�M gs � �T�vq��.` sue''"'?; t - •. _, � x' :: 3: y� _
:' r fha Arnalain i"tiq (N� °:
'�'- Re Retard to cores ' roe in legel `desciription '
cou niti or Madisart ) vv ;N 208
For value Received Merlin R. Muir and Flo Core Muir, husband and wife.
Hereinafter called the Grantor, hereby grants, bargains, sells & conveys to
D. Craig Heiner and Deborah Ann Heiner, husband and wife
whose address is- 1168 Barney Dairy Road, Rexburg, 1D 83440
,w.vu tnar wmn•, t was
sip • O 1B8
r s pe K. and
M ET i ;lie •—
Foo t.
oo
.z DePAY
At1E Mq uaw of
Hereinafter called the Grantee, the following described premises sintated in Madison County, Idaho, to -wit:
M'CROFn,MED
Tract I:
Commencing at a point 65 feet North of the Southeast Corner of Lot 1, Block 17, of the Original
'Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence West
190 feet; thence North 50 feet; thence East 190 feet; thence South 50 feet to the point of beginning.
Tract 11,
Commencing at a point 165 feet South of the Northwest Corner of Lot 1, Block 17, of the Original
Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence East
78 feet; thence North 88 feet, more or less, to intersect the South bank of the Rexburg Irrigation
Canal; thence Northwesterly on a curve along the South bank of said canal to where it intersects the
West boundary line of said Lot 1; thence South to the point of beginning.
Tract III:
Commencing at the Southwest Corner of Lot 1, Block 17, of the thiginal Rexburg Townsite, Madison
County, Idaho, as per the recorded plat thereof, and running thence North 165 feet; thence East 78
feet; thence South 28 feet; thence East 62 feet; thence South fjj thence West 40 feet; thence
South 65 feet; thence West 100 feet to the point of beginning.
Tract IV:
Commencing at a point 115 feet North of the Southeast Corner of Lot 1, Block 17, of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the recorded pla er
and running thence West 190 feet; thence North 22 feet; thence West 62 feet; thence North �
lessthe South bank of the Rexburg irrigation Canal; thence East along the said South bank of the said
canal to where the same intersects the East boundary line of said trot I at a point approximately 80
feet North from the point of beginning; thence South 80 feet, more or less, to the point of beginning.
SUBJECT TO all easements, right of ways, covenants, restrictions. reservations, applicable building and zoning ordinances and use
regulations and restrictions of record, and pa)ment of accruing present ,year 'taxes and assessments as a -r,:ed to by patties above.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs
and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee
simple of said premises; that said premises are free Sons all encumbrances except current years taxes, leties, and assessments, and
except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will
warrant and defetrd the same from all claims whatsoever.
Data - October 3, 1995
Merlin R. Muir l?to Core Muir
or
• - w
• ! First Anshan title Compa
1 00 zlq'o
STATE OF IOWA )
COUNTY OF , N N ) 258373
3
On This _a_. day of October, in the year 1995, before me, a Notary Public in and for said State, personally
appeared Flo Core Muir, known or identified to me to be the person(s) whose names) is subscribed to the within Instrument, and
aciatowtedged to me that shy: executed the same.
Notary Public o Iowa
Residing at: 5'3:Lt Cownc, S�. !3E.
Commission Expires: W ppWAg
S6�LIo Octotw4. ION
STATE OF IOWA )
ss
COUNTY OF
On This —: day of October, in the year 1995, before me, a Notary Public in and for said Stale, personally
appeated Flo Core Muir, know or identified to the to be the person whose name is subscribed to tha within Instrument as the
a tornay -in -fact of Merlin R. Muir, and acknowledged to me that she subscribed the name of 1 R. MAr thereto as principal
and her own name as attorney -in -fact.
Notary public of Iowa
F,oiding at: S x / j f, X I E
Commission Expires: e�v�^ ", r/.y� ,TA 4 yd 7.
�1� SUE Ali 8M RECHr
F. W CQMMMSION EXPIRES
WOW 4, 1996
State of Iowa )
:ss
County of LINN )
On this day of October, in the year 1995, before me a Notary Public
in tad for said State, personally appeared Flo Zore Muir, known or identified to me
L., be the person whose name is subscribed to the within instrument, and acknowledged
to me that she executed the same.
y
Notary public of Iowa
Residing at:
Coaaaission Expires:
•
tate of Iowa )
:ss
ounty of LINN )
On This 1L' day of October, in the year 1995, before me a Nortary Public in
and for said State, personally appeared Flo Core Muir, known or identified to me to
be the person whose name is subscribed to the within Instrument as the
attorney -in -fact of Merlin R. Muir, and acknowledged to me that she subscribed the
name of Merlin R. Muir thereto as principal and her own name as attorney -in -fact.
� W 4 'r�'
- ,, /Z" Notary Public of Iowa ?
Residing at; a'J.2/ �`u
Commission Expires:
SUE ARM13RECHT
W COMMISSION EXPIRES
October 4.1996
Sta% Idaho ) 2583'.'3
County of Madison ) ��
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rocordod on Finn
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by BET)i M3 REES,C-. r6
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[2�] 359 -6591
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3rd EAS
ORDINANCE 979
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 parcel is located at approximately 261 North 3rd East in Rexburg, Madison
County, Idaho, and more particularly described as follows:
Tract I:
Commencing at a point 65 feet north of the Southeast Corner of Lot 1, Block 17,
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat
thereof, and running thence west 190 feet; thence north 50 feet; thence east 190
feet; thence south 50 feet: to the point of beginning.
Tract II:
Commencing at a point 165 feet south of the Northwest Corner of Lot 1, Block 17,
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat
thereof, and running thence east 78 feet; thence north 88 feet, more or less, to
intersect the south bank of the Rexburg Irrigation Canal; thence northwesterly on a
curve along the south bank of said canal to where it intersects the west boundary
line of said L,ot 1; thence south to the point of beginning.
Tract III:
Commencing at the Southwest Corner of Lot 1, Block 17, of the Original Rexburg
Townsite, Madison County, Idaho, as per the recorded plat thereof, and running
thence north 165 feet; thence east 78 feet; thence south 28 feet; thence east 62 feet;
thence south 72 feet; thence west 40 feet; thence south 65 feet; thence west 100
feet to the point of beginning.
Tract IV:
Commencing at a point 115 feet north of the Southeast Corner of Lot 1, Block 17,
of the Original Rexburg Townsite in the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof; and running thence west 190 feet; thence north 22
feet; thence west 62 feet; thence north 116 feet, more or less, to the south bank of
the Rexburg Irrigation Canal; thence east along the said south bank of the said
canal to where the same intersects the east boundary line of said Lot 1 at a point
approximately 80 feet north from the point of beginning; thence south 80 feet,
more or less, to the point of beginning.
The subject property shall be zoned Professional Office (PO).
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.
Instrument # 335093
REXBURG, MADISON, IDAHO
2007 -02 -27 10:42:00 No. of Pages: 2
Recorded for: CITY OF REXBURG —
MARILYN R. RASMUSSEN Fee: 0.00
Ex- Officio Recorder Deputy
1
PASSED BY THE CITY COUNCIL AND APPROVED BY THE
MAYOR on this 21s' day of February, 2007.
Shawn Larsen, Mayor
ATTEST:
0 K
Blair D. Kay, City Clerk
cf of February, 2007
STATE OF IDAHO)
County of Madison)
ss
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 21 tit day of February,
2007.
Blair D. Kay, City Clerk
2
0 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, January 18, 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 Medium Density Residential One (MDR1) to Community Business Center (CBC).
The city code governing this request is ORDINANCE No. 926
"DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO"
(ADOPTED FEBRUARY 16th, 2005) and Amended June 21, 2005
The said parcel is located at approximately 261 North 3rd East in Rexburg, Madison County, Idaho,
and more particularly described as follows:
Tract I:
Commencing at a point 65 feet north of the Southeast Corner of Lot 1, Block 17, of the Original
Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence
west 190 feet; thence north 50 feet; thence east 190 feet; thence south 50 feet to the point of
beginning.
Tract II:
Commencing at a point 165 feet south of the Northwest Corner of Lot 1, Block 17, of the Original
Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence
east 78 feet; thence north 88 feet, more or less, to intersect the south bank of the Rexburg Irrigation
Canal; thence northwesterly on a curve along the south bank of said canal to where it intersects the
west boundary line of said Lot 1; thence south to the point of beginning.
Tract III:
Commencing at the Southwest Corner of Lot 1, Block 17, of the Original Rexburg Townsite,
Madison County, Idaho, as per the recorded plat thereof, and running thence north 165 feet; thence
east 78 feet; thence south 28 feet; thence east 62 feet; thence south 72 feet; thence west 40 feet;
thence south 65 feet; thence west 100 feet to the point of beginning.
Tract IV:
Commencing at a point 115 feet north of the Southeast Corner of Lot 1, Block 17, of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof;
and running thence west 190 feet; thence north 22 feet; thence west 62 feet; thence north 116 feet,
more or less, to the south bank of the Rexburg Irrigation Canal; thence east along the said south
bank of the said canal to where the same intersects the east boundary line of said Lot 1 at a point
approximately 80 feet north from the point of beginning; thence south 80 feet, more or less, to the
point of beginning.
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposed permit. The City Clerk will also accept written
comments at City Hall prior to 4:00 p.m. on January 3rd, 2007.
9 0
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all
amendments thereof.
DATED this 28th day of November, 2006.
0 `
i
///;/;11111 E u t F \\\
Published: December 30th, 2006
January 13th, 2007
CITY OF REXBURG
By '
Blair D. Kay, City Clerk