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HomeMy WebLinkAboutAPPLICATION & DOCS - 07-00358 - Mary Ann Beck - 796 W 7th S - Rezone to MDR1s Rezone Application City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 C I T Y OF REX America's Family Community Note: A pre - application conference with staff is required prior to the submittal of this application Contact Planning & Zoning at 359 -3020 012 for details., Fee(s) Paid: Yes /No Rezone: $ + $2 for Publication Fee Current Zone: CX' Requested Zone: M ti b ttt wb L N S i l Y Application Information Applicant: TO N C- 6 a E C-to V. y Phone: 3 0 2 - T 0 ci ❑ Owner 2L Purchaser ❑ Lessee Applicant's Address: F• 0, i ° A (, City /ST /Zip: S N GIFT o 0 1 Recorded Owner: A A 9-J A to P cZ Err- Phone: -2 c`4 3 5 , c , Recorded Owner's Address: Ii (t S" , City /ST /Zip: Q E Y i e 0;: 21 - 3 440 Contact Person (If different from above): Phone: Address of Subject Property: - 1 " to .-) `z T K S u o Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): A --V -V p -- C- VS 3 1C- V— Parcel Number: Quarter: Rezone Fees: Section: Township: Publication Fee $250.00 .tio4 Vev,XB C fo UY� 9 O Range: Total Fees Due 00 .0Q 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 9 5 to 10 acres: $900.00 Zoning Verification Letter: $25.00 g ,° r ; - 6 2007 Date of Notice: Date of Public Hearing: 1 Development Information 1. Size of Property Square Feet (or) M Acres 2. How is the property now used? V OGA N 7 3. How are the adjoining properties used? North: l� P o E tv'1' S South: C. - R ''-i, i_ C r{ East: 1, 0aLD CyM West: hl u LK C 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? S Te N e IQ ceK 'TZ 'TTM r- N 0 aTK 5. On what street(s) does the property have frontage? - 7 , irk SC' , 6. What use, building or structure is intended for the property? &'-t LT k F 6 A t i- Y -4 P t- Cr VC'G .S 7. What changes have occurred in the area that justifies the requested rezone? A ^R - rar tJ' S T� T"E U -Trl wo 6 , 1 /t'1 cc /U (V C r__ �7 `rR� 8. Will this zone change have an impact on the schools? N0 9. Are water and sewer facilities, streets, fire and police presently serving this area? Y S 10. Are City services adequate to serve any future development proposed? Y CS 11. 12. Will measures be proposed to assure that public facilities and services will be added? Is the site large enough to accommodate the proposed uses, parking, and buffering required? 5 1T: P `t% KJ w tLL 7Q0',Jtb C 13. Is the area currently sub - divided or going to be sub - divided? t Q 6 'Ct: 13 C S.k(3 r) o\j I'Dd 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. G Signature of Applicant:? -- ( 2 Date: D �' /� 7 1 LJ Additional Submittal Requirements: The City of Rexburg requires the following information to be submitted to the Planning & Zoning Coordinator for every application for annexation: N -A 1. 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 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 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 OF 0EXB URC ! 7 u 5 O CITY O_F REX America's Family Community State of Idaho County of Madison Name 16 (0 Address xbu m City dak0 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: -'o t-J G Ct(ZC.6iO Cf`c i't 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 �"��_ day of A , 20 01 , �J�Cru� �y�x -� 1�3- -- t✓c��� Signature Subscribed and sworn to before me the day and year first above written. NARY � s Notary Public ofldih f Residing at: q.....'OF `�\``�� My commission expires: / /Ws .............. 4 • WARRANTY DEED 0 THIS INDENTURE, Made this 25"' day of July, 2007, between Mary Ann Beck, a single person, residing at 796 West 7' South, Rexburg, Idaho 83440, the party of the first part, and Jon C. Gregory, residing at P.O. Box 1296, Blackfoot, Idaho 83221, the party of the second part, WPTNESSETH, That the said party of the first part, for and in consideration of the sum of Ten and no/100 Dollars, lawful money of the United States of America, and other valuable consideration to her in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold and by these presents, does grant, bargain, sell, convey and confirm unto the said parry of the second part, and to his heirs and assigns forever, all of her interest in and to the following described real estate, situated in Madison County, State of Idaho, to -wit: A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST BOISE MERIDIAN, MADISON COUNTY, IDAHO. DESCRIBED AS FOLLOWS: BEGINNING A POINT ON THE SECTION LINE THAT IS 130.00 FEET S89 °56'40 "E OF THE SOUTH QUARTER CORNER OF SAID SECTION 25, AND CONTINUING THENCE S89 °56'40 "E 529.96 FEET; THENCE N00 °00'59E (NORTH, DEED) 329.70 FEET; THENCE N89 °55'27 "W (N89 °56'26 "W DEED) 649.96 FEET; THENCE S00 °00'59" W 107.93 FEET; THENCE S89 °56'40 "E 120.00 FEET; THENCE S00 °00'59 "E 222.00 FEET TO THE POINT OF BEGINNING. CONTAINS 4.31 ACRES, SUBJECT TO A ROAD RIGHT OF WAY ALONG THE SOUTH SIDE OF THE PROPERTY. t r SUBJECT TO A CITY ROAD RIGHT OF WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SECTION LINE THAT IS 10.00 FEET S89 °56'40 "E OF THE SOUTH QUARTER CORNER OF SAID SECTION 25, AND CONTINUING THENCE S89 °56'40 "E 120.00 FEET; THENCE N00 °00'59 "E 40.00 FEET; THENCE N89 °56'40 "W 120.00 FEET; THENCE S00 °00'59 "W 40.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.11 ACRES. SUBJECT TO easements, if any, of record or in existence for roads, streets, ditches, canals, pipelines and utilities. TO HAVE AND TO HOLD the said premises, together with all and singular the tenements, hereditaments, easements, and appurtenances thereunto belonging or in anywise appertaining, and the reversions, remainders, rents, issues and profits thereof; and all estate, right, title and interest in and to said premises, as well in law as in equity, of the said parties of the first Pte• And the said party of the first part, and her heirs, hereby warrant and agree to forever defend the party of the second part, his heirs and assigns, in the quiet and peaceable possession of said premises against all and every person lawfully claiming an interest therein. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seal the day and year first above written. WARRANTY DEED - Page 2 F:\WP6\DK\BECKMA.VJD a C � 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, September 06, 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 Rural Residential One (RR1) to Medium Density Residential One (MDR1). The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005) and Amended 7/06/2005; 5/07/2007; 7/03/2007 The said parcels are located at 796 West 7th South in Rexburg, Madison County, Idaho, and more particularly described as follows: Beginning at a point on the section line that is 10.00 feet S89 0 56 1 40 "E of the South Quarter Corner of said Section 25 to the true point of beginning, and continuing thence S89 °56'40 "E 649.96 feet; thence N00 °00'59 "E (North, Deed) 329.70 feet; thence N89 °5527 "W (N89 °56'26 "W Deed) 649.96 feet; thence S00 °00'59 "W 329.93 feet to the point of beginning. The parcel contains approximately 4.9 acres. 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. September 05th, 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67-6511 of the Idaho Code, and all amendments thereof. DATED this 15 day of August, 2007. 22nd, 2007 September 01st, 2007 CITY OF REXBURG LM Blair D. Kay, City Cleft _—� w � 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, October 03, 2007, at 7:20 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Rural Residential One (RR1) to Medium Density Residential One (MDR1). The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005) and Amended 7/06/2005; 5/07/2007; 7/03/2007 The said parcels are located at 796 West 7th South in Rexburg, Madison County, Idaho, and more particularly described as follows: Beginning at a point on the section line that is 10.00 feet S89 ° 56'40 "E of the South Quarter Corner of said Section 25 to the true point of beginning, and continuing thence S89 ° 56'40 "E 649.96 feet; thence N00 °00'59 "E (North, Deed) 329.70 feet; thence N89 °55'27 "W (N89 °56'26 "W Deed) 649.96 feet; thence S00 °00'59 "W 329.93 feet to the point of beginning. The parcel contains approximately 4.9 acres. At such hearing 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. October 02 nd , 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 of the Idaho Code, and all amendments thereof. DATED this 11th day of September, 2007. CITY OF REXBURG B z:). Blair D. Kay, City Clerk 15th, 2007 ,)eptemeer 29 2007 ORDINANCE 994 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 at 796 West 71' South in Rexburg, Madison County, Idaho, and more particularly described as follows: Beginning at a point on the section line that is 10.00 feet S89 0 56'40 "E of the South Quarter Corner of said Section 25 to the true point of beginning, and continuing thence S89 ° 56'40 "E 649.96 feet; thence N00 ° 00'59 "E (North, Deed) 329.70 feet; thence N89 °55'27 "W ( ° 56'26 "W Deed) 649.96 feet; thence S00 0 00 1 59 11 W 329.93 feet to the point of beginning. The parcel contains approximately 4.9 acres. The subject property shall be zoned from Rural Residential One (RR1) to Medium Density Residential One (MDR1). 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 031d day of October, 2007. ATTEST: Blair D. Kay City Clerk S�K 09" � / A 41 1 5- Shawn Larsen Mayor Instrument # 340803 RE%BURO. MADISON, IDAHO 20740-05 11:Jfr: No. or Paps: Recorded for: CITY OF R RO MARILYN R. RASMUSSEN : OAD Ex- Offtlo RKordw PUBLISHED: 9 of October, 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 03 day of October, 2007. Blair D. Kay City Clerk Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 ° a C t I' Y 0 F RE XBURG O w - - -- America's 1 -4mity Community 796 West 7 South Rezone 1. On August 6, 2007, Jon Gregory presented to the City of Rexburg Planning & Zoning Coordinator a request and application for a zone change for the property located at 796 West 7 South from Rural Residential 1 (RR1) to Medium Density Residential 1 (MDR1). 2. On August 15, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for August 22, 2007 and September 1, 2007. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On September 6, 2007, Kurt Roland presented to the Planning & Zoning Commission for the City of Rexburg the Request for a Rezone for the property located at 796 West 7` South from Rural Residential 1 (RR1) to Medium Density Residential 1 (MDR1). Mary Ann Mounts motioned to recommend to City Council to approve the zone change from RR1 to MDR1 at 796 West 7` South. We need to make sure the property boundaries are right, as addressed by Mr. VanAllen. Ted Hill seconded the motion. None opposed. Motion carried. 4. On October 03, 2007 City Council meeting: Council Member Stevens said the sight plan can be reviewed by the Steiner's before the sight plan is approved. Council Member Erickson said the same family was not opposed to the development if a proper buffer is constructed. Council Member Erickson moved to re -zone property at 796 West 7th South from RR1 to MDR1; Council Member Stevens seconded the motion with the request to notify Steiner's when the site plan is reviewed; all voted aye, none opposed. The motion carried. 0 0 COMMENTS CONCERNING THE PROPOSED ZONING c�1 CHANGE TO 796 WEST 7TH SOUTH, REXBURG, IDAHO.°: PUBLIC HEARING TO BE HELD 06 SEPTEMBER 2007 My 90 year -old Mother, Maurine G. Steiner, owner of the property located at 846 West 7' South, and I,� her heir living with her, received notice last Wednesday that a Public Hearing is to be held this coming Thursday, 6 September 2007, regarding a zoning change from Rural Residential One (RR1) to Medium Density Residential One (MDR I) on the property located at 796 West 7t' South. The proposed zoning change is on the land that runs in front of Mrs. Steiner's home, east of her property, Inasmuch as I will be out of town on that date, we offer the following comments and requests. We have been in contact with Mary Ann Beck, the original owner of the land, and she has told us the developer will be building two level apartments on the property. But that is all we know. We do not know how many apartments will be built on the land, nor how many individual units there will be in each building. We do not know how the apartments will be placed, nor do we have a concept of how the buffer zone will be situated and how the developer proposes to screen his development from our home. Our main concern is that our front yard does not face 7' South. It faces East overlooking Ms. Beck's land and will subsequently overlook whatever is placed on that land. . We feel very uncomfortable with the proposal to change subject land to a much higher density without a site plan that will indicate building locations, building heights, proposed landscaping, the number of units in each building, the plan for screening the development from our home, the locations of parking lots, roads, areas for trash removal and dumpsters, and any recreational areas. We request that this site plan be submitted and become a condition of approval of the zoning change. We believe this to be a reasonable request since the MDRI code requires the developer, before he starts construction, to provide a site plan for review and approval by Rexburg's Community Development Department. We do not believe our request would place any great hardship or expense on the developer since he has to provide this plan anyway. On the off chance that the developer desires to sell the land to another new developer and it is known, we also request that the new owner and developer be the one to seek a zoning change, not the original purchaser for the reasons given above.. We are not making this request to impede the work of the city nor the developer. We know the city is growing and that it would only be a matter of time before a zoning request would be made on the land east of us. We do believe however, that the change of zoning has the potential of impacting our property for good or ill. We make this request so that we can make educated comments that relate directly to how the land is to be developed. At this time, there is no information available to us that gives us any basis for any valid objections or recommendations, the very purpose of this Hearing. . We would appreciate your Date SEC. 25, TM R39E, B.M., MADISON COUNTY, ID LEGEND SCALE= 1' = 60' 0 20' 40' 60' 120' 0 SECTION CORNER Pa QUARTER CORNER 0 1/2' ROD WITH YELLOW CAP LS #826 • 5/8' ROD WITH YELLOW CAP LS 0826 -- --)( X EXISTING FENCE . PARCEL 1 A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 6 NORTH, RAGE 39 EAST, BOISE MERIDIAN. MADISON COUNTY, IDAHO, DE GRIBED AS FOLLOWS; BEGINNING A POINT THAT IS 10.00 FEET $89'56'40 "E AND 40.00 FEET NOaOO'59 "E OF THE SOUTH QUARTER CORNER OF SAID SECTION 25. AND RUNNING THENCE S89'56'40"E 120.00 FEET; THENCE NWOO'59 "E 182.00 FEET; THENCE N8W56'40"W 120.00 FEET; THENCE S00'00'59V 182.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.50 ACRES. PA 2 A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST, BOISE MERIDUW, MADISON COUNTY, IDAHO, DESCRIBED AS FOLLOWS; BE A POINT ON THE SECTION LINE THAT IS 130.00 FEET S$9'56'40 "E OF THE SOUTH OUARTER CORNER OF SAID SECTION 25, AND CONTINUING THENCE S89'56'40 "E 529.96 FEET: THENCE �Eg? S9 E (NORTH, DEED) 329.70 FEET; THENCE N89'55'27"W S6 226"W DEED)649.96 FEET; THENCE S00'00'59"W 107.93 ; THENCE S89'56'40"E 120.00 FEET; THENCE S00" 00'59 "E 222.00 FEET TO THE POINT OF BEGINNING. CONTAINS 4.31 ACRES. SQBJECT TO A ROAD RIGHT OF WAY ALONG THE SOUTH SIDE OF THE PROPERTY. CliY RIGHT OF WAY PROPERTY FO Irb GQ� NOTE: SEE WESTATES SUBDIVISION NUMBER 1, INSTURMENT NUMBER 294912 SECTION BEARING 589 - E IS EQUAL TO N89'46'26E � `n f l L ' �\ \ N%� 0 GQ� 79.88' 25 30 3631 A 'PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST. BOISE MERIDIAN. MADISON COUNTY. IDAHO, DESCRIBED AS FOLLOWS: BI GINNING A POINT ON THE SECTION LINE THAT IS 10.00 FEET 9'56'40 "E OF THE SOUTH QUARTER CORNER OF SAID SECTION 25. AND CONTINUING THENCE _S89'56'40 "E 120.00 FEET; THENCE Nt10'00'59 "E 40.00 FEET; THENCE N89'56'40"W 120.00 FEET: THENCE S00'00'59"W 40.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.11 ACRES, SURVEYOR'S CERTIFICATE 1, JOHN P. BARNES, A REGISTERED LAND SURVEYOR IN THE STATE OF IDAHO, LICENSE #826, DO HEREBY STATE THAT I HAVE SURVEYED THE ABOVE DESCRIBED PROPERTY AND THE DRAWING IS A TRUE REPRESENTATION OF THE SAME. JOHN P. BARNES DATE BY DATE RECORD O F SURVEY DRAWN REW 6/07 SEC. 25. 76N, R39E, B.M., MADISON COUNTY, ID MARY BECK J. P. Barnes & Assoc. 133 W. Ist. S., REXBURG, 104* (200 330 -5804 DRAWING NO. 20715A Low Density Residential 1 Medium Residential 2 Rural Residential 2 Community Business Center ® Neighborhood Business District JW Professional Office Zone Airport Low Density Residential 2 High Density Residential 1 Transitional Agriculture 1 General Business District = Residential Business District Technology and Office Zone iijl Professional Overlay Low Density Residential 3 High Density Residential 2 Transitional Agriculture 2 Regional Business Center Light Industrial - Public Facilities Medium Density Residential 1 Rural Residential 1 Open Space ,' Commercial Business District;. Heavy Industrial University REXBURG ZONING - ..* "�,,,, ,,,✓' / 0 450 900 Feet 1,800 2,700 3,600 The ntained herein can be n,M for mfr w purposes only Afadiwm C—,ty and the City ofR -b-g cannot be held responsiblefr m which the data wee not mtendM. Uptlated:90cto6er Y007 -