HomeMy WebLinkAboutAPPLICATION & DOCS - 07-00057 - Erickson, Smith, Kauer Rezone from TAG1 to CBC•
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Rezone Application
Coy of RexbLwg
12 North Center Phone: 209359.3020
Rexbtrg, ID 83440 www.rexbug.arg Fax 209359.3022
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CITY OF
REEX
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Note: A pre - application conference with staff and a pre - application neighborhood meeting are required prior to the
submittal of this application. Contact Planning & Zoning at 359- 3020 x312 for details.
Permit Number:
Current Zone: A., I / 4-c- z
Requested Zone:
Application Information
Fee(s) Paid: Yes /No Rezone: $ + $250.00
for Publication Fee
Cross Reference File:
Applicant. k �x L, ! e Phone: ig o t — 721 - o l C.S
C Owner 9 Purchaser ❑ Lessee
Applicant's Address: 1"7 n!, 'jo o 1� . City /ST /Zip: u7 e yl
Recorded Owner. 14 ,►- C,--Y &-.'L;c _yo, - Phone: 3!r A. S t
Recorded Owner's Address: gd g P tat_;,. ,ez _ City /ST /Zip:
Contact Person (If different from above): Phone:
Address of Subject Property. E?00 ` eo 'r 6 o IL L,,,r--c7 e, -a gr t 2-73+ tdrs .� ?/aoac hn76 r
Property Description �r�' must attach the Lot, Block ubdivision name or orded deed with a metes and
bounds description): Se z- A'r'"'"'y c- Lam - 2,P o S ^f 3 S o z/ g v l'
1Cc,: -c. R , cxs �Q-Po S 3 g E c� I YZ 17 ,
Parcel Num P o t+f c o �d o I r/ r
Quarter: S C Section: 3 c - Township: o C A/ Range: 39 c3"
(,R.P 0 39 c
Mapping Department must initiat here to signify pareerverification:
Internal Office Roud _ Reniew-ed
Planning and Zoning Coordinator Review (Comprehensive Plan Compliant)
Public Works Department (Serviceable)
Mayor (Approval to proceed
Administrative Review (Appropriate Fees Paid
Rezone Fees:
Publication Fee : $250.00 Total Fees Due
Less than 1 acre: $500.00 Over 10 acres, less than 20:$15M.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, $40.00
Date of Notice: Date of Public Hearing:
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Development Information
1. Size of Property /., 28 o o o o Square Feet (or) Ades
2. How is the property now used? .,Ae.
3.
How are the adjoining properties used?
Nord
South
East:
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? f CS : 9A-S A-c --%.O 'r ^7
5. On what street(s) does the property have frontage? 12 Wit- 1.Jg"s a
6. What use, building or structure is intended for the property? Goc�Ltf�c� 2..rr .c'
7. What changes have occurred in the area that justifies the requested rezone? C
"'� /►- .Q(Fir.�,n/i 4- /7ZeStXw't4._/h..�t}rZ_Qn3L ^f }4ki MOVE] am whsoUr.
8. Will this zone change have an impact on the schools? X j _ -, A-, T,—
9. Are water and sewer facilities, streets, fire and police presently serving this area? ?/ c r
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?
R O o fo o ; b gmp A,'t� .V--QCI 1 *' - ' f fr 1 eM r
13. Is the area currently sub - divided or going to be sub- divided? oyo 7 -
< %A A ...,. J'� ; V , A fir.
14. Any additional comments?
7'V � / e�'L �^L C 7��L/►w Ce ii,C+sv�i`LC' f �/ C4AQ .rC. 7V
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 Jfap�lying for annexation will agree to certain tings: Curb and gutter,
streets, signaling, water d sewer tion.
Signature of Applicant Date:
2�
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Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
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CITY O F
REX
America's Family Community
State of Idaho
County of Madison
an d - Jane 15o h 5cYI
Nam
City
127 5 i�� iJ
1.� P
Address
fi�'�4v
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: &'� S" � ':!�L)
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 1 ' t— F6 — D to day of DO,C
Subscribed and sworn to before me the day and year first above written.
My commission expires: ;z i rL—
Feb-15. 2007 11:47AM 9 0 No-8647 P. 4
Beginning at the Northeast corner of the Southeast quarter of the Southeast quarter of
section 35, Township 06 North, Range 39 East of the Boise Meridian, thence west along
the quarter quarter line 800 feet, thence south 1600 feet more or less to the edge of the
Rexburg impact area, thence west along the edge of the Rexburg impact area 800 feet,
thence north along the section line 1600 feet more or less to the point of beginning.
Affidavit of Legal Interest
City of Rexburg
lt£XBUR
T � 7 CIT
T OF
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Us O l XBVR
t America's Family Community
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
State of Idaho
County of Madison
Name
cit
Being first duly sworn upon oath, depose and say:
{
i
Address
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 gran�my
permission to: - 'EJ' 1076 S 1.Z li Z
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 Z9 zz_ day of , 20 C)
Subscribed and sworn to before me the day and year fi abov written.
��'' • • Notlry u
�STAtE �F �OP��
at:
expires: / 1 D'7
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ORDINANCE 989
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 west of 12 West and southwest the John Deere
complex on 12 West in Rexburg, Madison County, Idaho, and more particularly
described as follows:
Tract 1:
NE Quarter of the Southeast Quarter of Section 35 Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho.
Tract 2:
East 800 feet of the South Half of the Southeast Quarter of Section 35, Township
6 North, Range 39 East, Boise, Meridian, Madison County, Idaho.
Tract 3:
The East 800 feet of the following description:
Beginning at the Northwest corner of Lot 4 of Section 1, 5 North, Range 39 East,
Boise Meridian, Madison County Idaho and running thence South along the
section line 1320 feet; thence East 261.5 feet, thence North 715.5 feet; thence East
1523 feet; thence North 610 feet; thence S89 ° 49'24" West 1784.5 feet to the point
of beginning.
The subject property shall be zoned Community Business Center (CBC).
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 20th day of June, 2007.
Q1 T -- T%1- --
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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 20, 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 Transitional
Agricultural One (TAG1) 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 parcels are located west of 12 West and southwest the John Deere complex on 12 West
in Rexburg, Madison County, Idaho, and more particularly described as follows:
Tract 1:
NE Quarter of the Southeast Quarter of Section 35 Township 6 North, Range 39 East of the Boise
Meridian, Madison County, Idaho.
Tract 2:
East 800 feet of the South Half of the Southeast Quarter of Section 35, Township 6 North, Range
39 East, Boise, Meridian, Madison County, Idaho.
Tract 3:
The East 800 feet of the following description:
Beginning at the Northwest corner of Lot 4 of Section 1, 5 North, Range 39 East, Boise Meridian,
Madison County Idaho and running thence South along the section line 1320 feet; thence East 261.5
feet, thence North 715.5 feet; thence East 1523 feet; thence North 610 feet; thence S89 °4924" West
1784.5 feet to the point of beginning.
At such hearing the City Council will hear all persons and all objections and recommendations
relative to such proposal. The City Clerk will also accept written comments at City Hall prior to
4:00 p.m. June 19 2007.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all
amendments thereof.
DATED this 18a' day of May, 2007.
CITY OF REXBURG
By �.
Blair D. Kay, City Clerk -�
2nd, 2007
June 16th, 2007
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, May 17, 2007, at 7:15 p.m., in the City
Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone
change from Transitional Agricultural One (1'AG1) 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 parcels are located west of 12 11, West and southwest the John Deere complex on 12 11, West
in Rexburg, Madison County, Idaho, and more particularly described as follows:
Tract 1:
NE Quarter of the Southeast Quarter of Section 35 Township 6 North, Range 39 East of the Boise
Meridian, Madison County, Idaho.
"Tract 2:
East 800 feet of the South Half of the Southeast Quarter of Section 35, Township 6 North, Range
39 East, Boise, Meridian, Madison County, Idaho.
Tract 3:
The East 800 feet of the following description:
Beginning at the Northwest corner of Lot 4 of Section 1, 5 North, Range 39 East, Boise Meridian,
Madison County Idaho and running thence South along the section line 1320 feet; thence East 261.5
feet, thence North 715.5 feet; thence East 1523 feet; thence North 610 feet; thence S89 ° 49'24" West
1784.5 feet to the point of beginning.
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposal. The City Clerk will also accept written comments at
City Hall prior to 4:00 p.m. May 16 2007.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all
amendments thereof.
DATED this 27d day of April, 2007.
PRAT
CITY OF REXBURG
Blair D. Kay, City Clet-
May 02nd, 2007
May 12th, 2007
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rNITY OF REXBURG
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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
Rexsu�
U G
CITY OF
REEXBURG
Americas Family Community
Erickson /Smith /Kauer
Rezone
1. On February 16, 2007, Kerry Schneider presented to the City of Rexburg Planning &
Zoning Coordinator a request and application for a zone change at approximately 1076
South 12 West from Transitional Agricultural 1 (TAG1) to Community Business Center
(CBC).
2. On April 27, 2007, the City Clerk sent the Notice of Public Hearing to be published in the
local newspaper for May 2, 2007 and May 12, 2007. A notice was posted on the property
and sent to all property owners within 300 feet of the above mentioned property.
3. On May 17, 2007, the Planning & Zoning Commission for the City of Rexburg heard the
Request for a Rezone at approximately 1076 South 12' West from Transitional Agricultural
1 (TAG1) to Community Business Center (CBC).
Charles Andersen motioned to recommend to City Council the rezoning of the property at
approximately 1076 South 12' West from Transitional Agricultural 1 (TAG1) to Community
Business Center (CBC). Dan Hanna seconded the motion.
Those in favor:
Winston Dyer
Ted Hill
Randall Porter
Thaine Robinson
Charles Andersen
Josh Garner
Dan Hanna
Mary Haley
Motion carried.
Those opposed:
Mike Ricks
4. On June 20, 2007, Council Member Mann said in reading the minutes from
Planning and Zoning, he saw one vote against this rezone request by Mike Ricks
because he felt this commercial area was too close to the high school. The high
school would like commercial areas around them for students to have work
programs, etc.
Council Member Erickson moved to approve the rezone request for 1076 S 12`
W from TAG1 to CBC. Council Member Schwendiman seconded the motion.
Discussion: Council Member Young suggested approving the request for the entire
shaded area on the map that was given to the council so it is clear what area is being
rezoned. Council Member Erickson amended the motion to approve the area as
legally described on the attached map, approximately SO acres. The second to the
motion concurred. All voted aye, none opposed. The motion carried.
Council Member Young asked if they can require the applicant to be present when
the City Council makes a motion on their requests. Council Member Schwendiman
asked what responsibility city staff has to present requests to the council. They do
not have any obligation; it is done as a courtesy. Council Member Stevens said city
staff does a great job presenting information, but when a question or concern comes
up, the applicant should be present to address that issue.
Mayor Larsen asked Planning and Zoning Administrator Gary Leikness to
communicate a little stronger the importance of an applicants to attend the public
hearing dealing with their requests. Council Member Erickson would like a public
hearing postponed unless a representative is at the public hearing.
• •
Planning and Zoning Department
STAFF REPORT
12 North Center garyl@rexburg.org Phone: 208.359.3020 x314
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
OF 4EXB URC
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RE XBU RG
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Americas Family Community
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SUBJECT:
Rezoning Application, file # 07 00057
APPLICANT:
Richard Smith
552 S Millhollow Rd.
Rexburg, ID 83440
PROPERTY OWNER(S):
Kauer Lorin B
1076 S 12th W
Rexburg, ID 83440
Erikson Guy ETAL
1228S 5th W
Rexburg, ID 83440
Klingler Darren L ETUX
1230 S 12th W
Rexburg, ID 83440
Ricks Kirk ETUX
1266 S 12th W
Rexburg, ID 83440
Erikson Stanley ETUX
1278 S 12th W
Rexburg, ID 83440
Erikson Keith R
873 W 2000 S
Rexburg, ID 83440
PURPOSE:
Request to rezone area from TAGI to CBC.
PROPERTY LOCATION:
See Exhibit A
PROPERTY ID:
RP06N39E357201, RP06N39E359004, RP06N39E359020,
RP06N39E359015 ,RP06N39E359176,RP05N39E014217
COMPREHENSIVE PLAN: Commercial
CURRENT ZONING: Transitional Agricultural 1 (TAG1)
Case No. 07 00057
Page 1
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PROPOSED ZONING: Community Business Center (CBC)
SORROUNDING LAND USES
AND ZONING: North Agricultural, TAG1
East Commercial, CBC
South Commercial, County Commercial Zone
West Residential, LDR2
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 application is a request to the City for the rezoning of the subject property from Transitional
Agricultural 1 (TAG 1) to Community Business Center (CBC). The general difference between these
zones is that one is a commercial zone (being requested) that is applied to a large percentage of the
existing land zoned for commercial uses within the City and the other is a limited zone that allows
limited uses and is intended to act as a transition area for land uses as the City grows outward.
Recently, the Commission recommended, and the Council adopted, a change to the City's
comprehensive plan map or preferred land use map, to allow future commercial uses for the property.
This change in the comprehensive plan map allows for the future zone changes in the area to be of a
commercial nature. In this case, the CBC zone is being requested and is consistent with the
contiguous commercial zoning to the east.
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
The site is generally located at the southwest corner of the City's impact area, near the intersections
of 12 West and University Boulevard. The total area involved in this re- zoning request is
approximately 13 acres including public rights -of -way. There are seven tax lots involved in this
request with all being used or constructed for commercial purposes.
The surrounding area is generally comprised of river and canal to the north and south, agriculture to
the east, and commercial to the west.
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, designates the subject property as
Commercial. A zoning designation of CBC is an allowed zone within Commercial land use
designation; therefore, this criterion is met.
Case No. 07 00057 Page 2
• •
b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities,
solid waste collection and disposal, and other utilities.
Information to address this criterion was not available at the time this report was written. The
Public Works Department will provide this information. Nevertheless, the site will be required,
through future development, to install adequate public streets, water and sewer facilities, storm
drainage, and other utilities.
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 site will continue to generate property taxes and through development pay impact fees that
will help offset costs associated with increasing the capacity of the above services to serve the
site, therefore this criterion is met.
d. The potential for nuisances or health and safety hazards that may adversely affect adjoining
properties.
It is not anticipated that the proposed zoning of CBC will have impacts on surrounding property,
in that any development proposed in the subject area will be subject to all current City setback,
landscape, design standards, engineering standards, etc. which are designed to mitigate potential
impacts. This criterion is therefore met.
e. Recent changes in land use on adjoining properties or in the neighborhood of the map
revision.
The general area surrounding the subject property has been the subject of recent comprehensive
plan changes, annexations, and re- zonings. There have been some recent land use changes in the
vicinity, but they have generally been for commercial uses, which is what that applicant is
seeking the opportunity to do, therefore 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. 07 00057 Page 3
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EXHIBIT A
Boundary Map of Area to be Rezoned
Case No. 07 00057 Page 4
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