HomeMy WebLinkAboutDOCUMENTS - 07-00499 - Comprehensive Plan Amendments - December 20074
Comprehensive Plan Amendment Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Area #1
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CITY OF
U, REX
America's 7;4mily (ammunity
Submittal Requirements
Complete this application, provide all supporting documents, and submit to the Community Development.-
Department. Map change requests will be processed in conjunction with all other requests at the
beginning of January following this submittal. The Commission may take action before this time in the
event the change is time sensitive or it has been at least 6 months since the last amendment date. Text
amendments may be processed on an ongoing basis and do not need to wait six months between
revisions.
Permit #: Fee Required: Y N Amount:
Name: klic lic'�/ //r:A f 1ir k'd�Soi1 Address Gl- l � ��«'�� 5 40
Phone: (_c SS c
Mobile: if -'8 - �.S "l (o Z-
1. Does the amendment request(s) concern a specific property? Yes No
2. Is this amendment request for a change in land use designation? Yes No
3. Are you the owner or authorized agent of the property? Yes � No
4. Provide a description or a map of the area that this application affects.
5e.0— NAki�
5. Provide a reference to the section(s) of the Comprehensive Plan that you propose to amend, including the
page — if applicable (i.e. , Comp Plan, Page xx, Line xx).
6. Provide proposed amendatory language. Attach separate sheet(s) if necessary.
-ms rA �--, --� +ht Ce ,�„ _ [a A S c aY►� r u n .
7. Explain the reason(s) for this amendment proposal.
`Tf \Cac_ 1 N L UY -u, — 1"J d /},., N% C
0 4
8. Please describe how your proposed amendment meets the following selection criteria. Use a separate
sheet(s) if necessary:
a. Was this proposed amendment denied during a previous Comprehensive Plan review cycle:
Yes No _ . If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
i S lns U. i NJ crc AV-e, f�, vim, -/W c.a ill r1-Itfi1vl In,s -e_. 4` �� s � u-s y
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c. What are the cumulativ effects of this proposed amendment to the Comprehens Plan;
f.QSCi('Y V'L !lNy '1'� -tS GJt(( AAQW A
Signature of Applicant Z I Date
Property Owners Authorized Agent: If you are the property owner's agent, you are required to provide a
notarized letter from the property owner authorizing submittal of this application.
)
I hereby certify that I have read and examined this application and know the same to be true under
penalty of perjury by the laws of the State of Idaho and am authorized to make this application as the
agent of the property owner.
Signature of Agent:
Print Name:
Date:
Phone:
0)
• PLAT MAP
Lendernment S SECUR BAN
Borrower RODNEY & PAMELA PARKINSON
Property Address 2208 WEST HIGHWAY 33, REXBURG, ID
County MADISON
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W A R R A N 7 Y d E E D 54930 19rst American Me Company
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For Value Received TIMOTHY K. PARKINSO11 SR. as his polo and separate
property
HercindWt called life G(nmor, hereby grams, bargains. re)Is an 1 eonveyA ante
i
4
ROPNEY TIM PARKINSON and PAMELA PARKINSON, husband and wife
whosanddecssix: 2208 WEST HIGHWAY 33, REXRURG, it), 83440
H<roinaller cvcd IN Grantee, i10 fallowing described p(cmi505 Situated in JvIAO)SUN County, hlahu, tu•wii:
Commencing at a point that is South 89'°54' West 1150.25 feet from the
Southeast corner of Section 23, Township 6 North, R4nge 39 ]east, Boise
Meridian, Madison County, Idaho, end running thence North 415 lGet; thence
West 210 feet; thence North 53.6 feet, thence Waat 100 teeti thence North
i•
533 feet, snore or lose to a pasture fence; thence East along daid fenoo 930
feet; thence South 1000 feet, mbrm Or less to the South line of said
- -
Sect -1QA 23; thence west 120 feet to the point of beginning,
I ,yylvW AIIi�bii,rtt — ry . - itti mwi VGM1
NCardW 711 i:,i, .... ..
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7r R%7Nt' fii'wi� turn.:: +.
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At lho Ariz {I 4r, - „ T ^ __
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SUOJtC' "f 'fC) all OA4tmOnts, right of w:qx. s'UyvI111t11X, ra4lriclianx, hscrv:uiuns, upplieaUle halAJln� And zoning ordiriSOttS Slid 1150
1 .
rvSvIations and re's'trictions or Yvcor<l, i,Il♦j plyltlelll 111 accrnlllp p (mill � V'il( as a to Ihy parties above.
TO HAVE ANP'iO IIOLU the said p(tnli %cs. wim their appurtenances ulna 1)n said Gramcf: and to the GCnlce s heirs
and Argignx forever. Arid lilt x:lid Litnlllol duos hvrohy Nlvtllaill fa sad Nitll flat' raid Ormllcv. that the Grantor is the owntr in No
•1 ."
simple of slid rlre'lllifus: 1111%1 silld eternities rah• frde I }. :III e)1•'lllll)1
p f:llle'i\ Ctit't'pl Vi 11'4111 )'tlilr>. I:Ixei, levier, and :lsscSSmM
y) i
e' \ceps (j, ti, 1 rv:svvil fcXlrlc11t1115, eLSV•Illellf,. I 1'l'e 1 ;atilt e +:'• \ isihh: upon Il, l• 1 7r1'lli lSL'Y, and east 4tartfoi will
warram and dviwn%1 flee sank horn all claims whufsacvcl.
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PaI44: JANUAFY 14 1995
1
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TINIpTi•IY J{. F1A KTNSGN SR.
wfnl`i: ol'ttl�i ,
COUNTY UI ! lye t•4
on this 1 qq day of W IIJAKY • in the 1995 Wort NowrY
year nll% A P01i4 in :Ind for said titalc, persoawjh
:glpcurcd 'riMO1'I1Y n. I'AKKINSUN SR,. WOW11 nr kkII111lvd 10 rata to by the perxollis) whore name(%) is subscribed to the
iry
N011in 145INmunl, and i4nuwivdped to my that ha executed the xtane.
iPti WI )TI ILS i Wlllll(1.(Nr, I Ihavc henmriw so 111% jvw 4J.i,11d afiiecd my atheist 4eal. Ibe 4f:f \' anti fear Its this
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Affidavit of legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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CITY O F
REX
Americas family Community
State of Idaho
County of Madison ,
Name
City
tf �, &.,
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 th property described on the attached, and I gr nt my
permission to: Shct�c.� J, �F °�✓y�� �� � `�
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 /j� day of , z
Sign ture
Subscribed and sworn to before me the day and year first above written.
,\\ ����I1 U 111 ryiii
co ,oTAgy. G�
N
p 080 0
OF
Notary Public of Idaho
Residing at: Jt_.
My commission expires: �� `�
THIS INDENTURl de this _- -- day of Decemb_er _ --- -- _ .__ .._ _ I lk 8.Q I
between _ ULDRED- RIj,. _L,_. a- _married.. -woman
- - - ........ __.
of x .urg ... -- ' County of ----- Madison._. .. State of - -- Idaho
the party of the first part and -. - BALPH..RUTGEL and_MILDRED RUTGEL., husband-and wife,-
._ _. .......
of _.. Rexbur County of Madison, State of _ Idaho.
the party of the second part, '
WITNESSETH, that the said party of the first part, for and in consideration of the sum of .... -..
- - -� -- -Tea._ and _rLo_l100-.
- Dollars
lawful money of the United States of America - and..other ..valuable
consideration
to party of the first part 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 and convey and confirm unto the said
Party of the second part, and to party of the second part's heirs and assigns, forever, all the following described real
estate situated in _ the.. _.. County of.. _rZadlSOn '
State of Idaho, to -wit:
Beginning at.the northeast corner of Sec. 26, TwF. 6 N., R. 39 E., Boise
I3er.,.thence West along the north boundary line 1 4 said section 1612 feet;
thence South 728.5 feet; thence East 1612 feet; thence north along the East'
boundary line of said section 728.5 feet to the point of beginning, con-
taining 26.96 acres, more or less.
The purpose of this deed is to establish title to the property described
above in the names of the nartie� of she second part and that they hold
the same as community property.
TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or
in anywise appertaining, and the reversion and reversions, remainder and remainders, and rents, issues and profits
thereof; and all estate, right, title and interest in and to the said property, as well in law as in equity, of the said
Party of the first part,
TO HAVE AND TO HOLD, all and singular the above mentioned and described premises together with the
appurtenances unto the party of the second part, and to party of the second part's heirs and assigns forever. And the
said party of the first part, and said party of the first part's heirs shall and will warrant and by these presents for-
ever defend the said premises in the quiet and peaceable poss.-ssion of the said party of the second part, and party
of the second pares heirs and assigns, against the said party of the first part, and party of the first part's heirs, and
against all and every person and persons whomsoever, lawfully claiming or to claim the same.
In construing this deed and where the contaxt so requires, the singular includes the plural.
IN WITNESS WHEREOF, the said party of the first part hereunto has set his h
STATE OF IDAHO,
ss.
County of Madison
On this ___ _ ..._ day of December. ._. _ in the
the .undersigned _ year 79 s.7 before me
a Notary Public in and for said State, personally appeared
MILDRED RINGEL,
- - -- -- - --
known to me to be the person. whose name _ is..- subscribed to the within instru-
ment, and acknowledged to me that . Oze executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
(SEAL) sea; the day and year in this certifica "rata v writ
Notary Pub ' for the Stat of Idaho
_.
Residing _ _Rexburg - , Idaho.
-My Commissi Ex pire s: L ifetime
to 18
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Comprehensive Plan Amendment Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Area #2
w�
REXBURG
Americas Faamd,v L;Jrrzrrs;amz ,,
Submittal Requirements
Complete this application, provide all supporting documents, and submit to the Community Development
Department. Map change requests will be processed in conjunction with all other requests at the
beginning of January following this submittal. The Commission may take action before this time in the
event the change is time sensitive or it has been at least 6 months since the last amendment date. Text
amendments may be processed on an ongoing basis and do not need to wait six months between
revisions.
Permit #:
Fee Required: Y N Amount:
Name: Hollis Murri, Triad Development Group, LLC Address: 3456 E. 17 Street, Ste 140, Idaho Falls, ID 83406
Phone:
Mobile: _(208) 705 -6554
1. Does the amendment request(s) concern a specific property? Yes X No
2. Is this amendment request for a change in land use designation? Yes _X_ No
3. Are you the owner or authorized agent of the property? Yes _X_ No
4. Provide a description or a map of the area that this application affects.
See Attached Map
5. Provide a reference to the section(s) of the Comprehensive Plan that you propose to amend, including the
page — if applicable (i.e. , Comp Plan, Page xx, Line xx).
Mati amendment only. Description: The South Half South Half Northwest Quarter of Section 25, Township 6
North, Range 39 East Boise Meridian Madison County Idaho Less: The South Half South Half Northwest
Quarter lying East of U.S. Highway No 191 and 20 Project F647(41) OF Section 25, Township and Ran
aforesaid, less highway right -of -way. (See Attached Maps)
6. Provide proposed amendatory language. Attach separate sheet(s) if necessary.
Man amendment of the approximate Eastern most 5 acres of the p roperty Propose to amend map from Low
Moderate Residential Density to Moderate -High Residential Density ( See Attached Maps)
7. Explain the reason(s) for this amendment proposal.
The proposed Comprehensive Plan Map amendment would better serve the community through better land
use by p roviding a wider variety of housing types given the proximit y to Highway 20 This amendment
would further maintain the surrounding zoning thus g iving a more consistent feel to the area
:co
'�Z)c
•
8. Please describe how your proposed amendment meets the following selection criteria. Use a separate
sheet(s) if necessary:
a. Was this proposed amendment denied during a previous Comprehensive Plan review cycle:
Yes No X . If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
See Attached
c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan:
SeeAttached
Signature of Applicant
Date
Property Owners Authorized Agent: If you are the property owner's agent, you are required to provide a
notarized letter from the property owner authorizing submittal of this application.
I hereby certify that I have read and examined this application and know the same to be true under
penalty of perjury by the laws of the State of Idaho and am authorized to make this application as the
agent of the property owner.
Signature of Agent: Date: 7
Print Name: Phone:
2
0 0
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
The Comprehensive Plan policies are to encourage compact development, promote
continuous development, development in areas without physical restraints, protect Highway
20, and provide a variety of housing types. Through the proposed amendment, these and
other polices and goals of the Comprehensive Plan are strengthened to provide the
community with compact, continuous development in areas without physical restraints while
at the same time providing a variety of housing types. The project site is directly west of
Highway 20 and the multi - family development of Peterson Point and north of The Meadows
high density development. These areas have recently been developed or are currently being
developed. The proposed amendment would make the project site consistent with these and
other surrounding developments. The amendment change would help provide a buffer to the
adjacent lower density area of the property. Typically a higher density development would
incorporate a more encompassing landscape and maintenance plan that would likely include
a beautiful tree lined greenway along the highway corridor, small landscaped parking areas
and higher density houses and/or small apartment units. Whereas a low density residential
development would provide little to no landscaping, relying mostly on the residents of the
adjoining lots to provide such. The potential increase in traffic on the highway as the areas
north of town continue to grow, will burden the future residents of the proposed subdivision
with out such a buffer. Providing a higher density development with a more encompassing
landscape plan would be consistent with meeting the goals of well maintained greenway
along a major arterial road.
c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan:
The proposed amendment to the Comprehensive Plan will provide consistency in the zoning
and feel of the surrounding areas along Highway 20 between the University and Main Street
exits. It will also allow for inter - connectivity of adjoining higher density parcels to the north
and south by providing through access on local roads. This would provide multiple higher
density parcels in the area an alternate access to 12 West besides through single family
neighborhoods. These higher density local roads would provide less major collector
intersections along 12 West, therefore providing better traffic flows. As previously
mentioned, this proposed amendment further strengthens the policies and goals of the
Comprehensive Plan by providing a solid neighborhood which is compact with open areas
and a variety of housing types. In addition to uplifting and strengthening the policies and
goals of the Comprehensive Plan, the proposed amendment will help develop a strong
neighborhood community with the values and qualities of friendliness, cleanliness and
convenience with a small town atmosphere which our citizens demand.
'b(--Abt Ilia V .57" Z 9
Comprehensive Plan Amendment Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
OF gEX B URC
� �O
v ' S
Area #3
CITY OF
REX
Americas Family Community
Submittal Requirements
Y
Complete this application, provide all supporting documents, and submit to the Communi
Department. Map change requests will be processed in conjunction with all other requests at the
beginning of January following this submittal. The Commission may take action before this time in the
event the change is time sensitive or it has been at least 6 months since the last amendment date. Text
amendments may be processed on an ongoing basis and do not need to wait six months between
revisions.
Permit #:
.� Fee Required: Y
Name: S -0 S u a 1. C aril f/✓ Address
Phone: 34, 01 r-9Z
Mobile:
N Amount:
330 Cdr, Rexbvr, . -D
v—
1. Does the amendment request(s) concern a specific property? Yes
2. Is this amendment request for a change in land use designation ?`
3. Are you the owner or authorized agent of the property? Yes V! -
4. Provide a description or a map of the area that this application affects.
/ /
✓/ No
No
No
5. Provide a reference to the section(s) of the Comprehensive Plan that you propose to amend, including the
page - if applicable (i.e. , Comp Plan, Page xx, Line xx).
6. Provide proposed amendatory language. Attach separate sheet(s) if necessary.
k. / r A
7. Explain the reason(s) for this
r ,a t r
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8. Please describe how your proposed amendment meets the following selection criteria. Use a separate
sheet(s) if necessary:
a. Was this proposed amendmen enied during a previous Comprehensive Plan review cycle:
Yes No V If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
` S L► �r c{ZS -For C.Gr"n f ClPVCIo.n m --^* i rt Glar -
o -er co.l h(4 S111 �c ire -1{n S ayc n C"re-s toy 1 }ink
r0p C 21 6&S -A rnra- flia O... + w, t 1
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��nrvac �{nG Adn�Owen o Akov-S (o„ai a tl�ertl., Hndl!_.v
f6 a, rco - wtot
b � ✓u�(,�'JL -}a �1 -t'{� f, A� n �GS �iG�,VI S
c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan:
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G Go m r o 1 u�
Signature of
Date AJUi/ t - )Q57777
Property Owners Autho i ed Aj If you are the property owner's agent, you are required to provide a
notarized letter from the r perty owner authorizing submittal of this application.
I hereby certify that I have read and examined this application and know the same to be true under
penalty of perjury by the laws of the State of Idaho and am authorized to make this application as the
agent of the property o r.
Signature of Agent: Date: e1u ( Z yo -- 7
Print Name: a,! Phone: Q G p Z
2
•
0
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
Y�` kkXBGRG
J y
� O
C I T Y OF
- REX B URG
Ow—
Americas Family Community
State of Idaho
Coun of Madison
I, "�? e �
Name Address
City
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 recor owner ofth property described on the attached, and I grant my
permission to . o S�n �w a! n p (- 3 ?�!� d� - ► Q r
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 day of 20
Signature
Subscribed and sworn to before me the day and year first en.
�N J. Wpb l/
T Aq .lo
Notary Public daho
Residing at a o oc S
' 0 C>
My commission expires: d —c2 S - 3
4
NC ESCROW
ALLIA
P.O. BOX 732
FILE No. 5365M REXBURG, D 8W INSTRUMENT NO.
WARRANTY DEED
FOR VALUABLE CONSIDERATION RECEIVED CRAIG D. ROUNDY and MAJKEN ROUNDY, HUSBAND AND
WIFE, Grantor(s), do hereby grant, bargain, sell and convey unto BEARTOOTH DEVELOPMENT, LLC Grantee(s),
whose current address is 4,the following described real estate situated in MADISON County, State of Idaho, to wit:
0 BOX 2364, IDAHO FALLS, ID 83404
Tract 1: Commencing at a point 98 feet West of the Southeast corner of Block 8 of the Parker Addition to the City of
Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 99 feet; thence West 34
feet; thence South 99 feet; thence East 34 feet to the point of beginning.
Tract H: Commencing at a point 132 feet West of the Southeast Corner of Lot 5, Block 8, of Parker Addition to the
City of Rexburg, in Madison County, Idaho, as per the recorded plat thereof, and running thence West 70 feet; thence
North 125 feet; thence North 45 East 28.28 feet; thence East 50 feet; thence South 145 feet to the point of beginning.
Tract III: Commencing at a point that is West 202.00 feet from the Southeast corner of Block 8 of Parker Addition to
the City of Rexburg, in Madison County, Idaho as per recorded plat thereof, and running thence West 15 feet; thence
North 115.0 feet to a point on a curve with a radius of 50.0 feet; thence Northeasterly around said curve to the right a
distance of 78.54 feet; thence East 35.0 feet; thence South 20.0 feet; thence West 50.0 feet; thence South 45 West 28.28
feet; thence South 125.0 feet to the point of beginning.
TO HAVE AND TO HOLD the described premises, together with all tenements, hereditaments and appurtenances thereunto
belonging, unto the Grantee, his/her /it successors and assigns forever, Grantor does hereby covenant to and with the Grantee
that he/she is the owner in fee simple of said premises and that he/she will warrant and defend the same from all lawful claims
whatsoever.
DATED: October.,(_, 2005.
STATE OF IDAHO } THIS SPACE FOR COUNTY RECORDERS USE ONLY
COUNTY,,gV,BONNEVILLE ss
On this day of October, 2005, before me, the
undersigned, a Notary Public in and for the State,
personally appeared CRAIG D. ROUNDY and
MAJIEN ROUNDY, known or identified to me to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he executed the
Instrument # 328878
REXBURG, MADWN, IDNIO
20"45 04:13:00 No. of Ps0as:1
Rseord N fa► : ALLJAN TITLE AND gsgRow
MARILYN R. RAtNaUO N (. 3,00
EX- 010ccb Roeorder
Notary ublic $ y: N 0 TA A y :�
Residing at: Idaho Falls, Ida o
My Commission Expires: 11/1/06 'P L I C
Idaho Title & Trust, Inc.
400 Memorial Drive, PO BOX 50367, Idaho Falls, ID 83402
NiVision FOm130D0710 Rev.OW397
0 ! Area #4
Comprehensive Plan Amendment Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
REXBURG
Submittal Requirements
Complete this application, provide all supporting documents, and submit to the Community Development
Department. Map change requests will be processed in conjunction with all other requests at the
beginning of January following this submittal. The Commission may take action before this time in the
event the change is time sensitive or it has been at least 6 months since the last amendment date. Text
amendments may be processed on an ongoing basis and do not need to wait six months between
revisions.
Permit #:
Fee Required: Y Z N Amount:
Name:
Hemming Properties Management, LLC
Address:
3113 W. 1000 N. Rexburg, ID 83440
Phone:
208 - 356 -6142
Mobile:
208 - 351 -6263
1. Does the amendment request(s) concern a specific property? Yes Z No
2. Is this amendment request for a change in land use designation? Yes Z No
3. Are you the owner or authorized agent of the property? Yes Z No
4. Provide a description or a map of the area that this application affects.
See attached
5. Provide a reference to the section(s) of the Comprehensive Plan that you propose to amend, including the
page — if applicable (i.e. , Comp Plan, Page xx, Line xx).
Section 7 — Land Use. Requesting change to Preferred Land Use Map
6. Provide proposed amendatory language. Attach separate sheet(s) if necessary.
See attached
7. Explain the reason(s) for this amendment proposal.
See attached
All ,r:.
8. Please describe how your proposed amendment meets the following selection criteria. Use a separate
sheet(s) if necessary:
a. Was this proposed amendment denied during a previous Comprehensive Plan review cycle:
Yes No X . If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
See attached
c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan:
See attached
,.
Signature of Applicant Date -
r
Property Owners Authorized Ag t: If you are the pro)pe owner's agent, you are required to provide a
notarized letter from the property owner authorizing sub of this application.
I hereby certify that I have read and examined this application and know the same to be true under
penalty of perjury by the laws of th tate of Idaho and am authorized to make this application as the
agent of the property owner.
Signature of
Print Name:
Date: j 1 - i -n:7
Phone: Z ?41 q 4
City of Rexburg
Comprehensive Plan Amendment Application
Submitted by Lane Hemming — Hemming Properties Management, LLC
Responses to Questions 6, 7 8B & 8C
Question 6
Hemming Properties is not requesting a change to the Comprehensive Plan land use language, rather we
are requesting allowance for mixed use development to occur within the area identified on the attached
map. This step would enable Hemming Properties to proceed with submittal of a development plan
under the City of Rexburg's Development Code 3.30 Project Redevelopment Option (PRO Zone).
Question 7
The purpose of the Hemming Properties' request for mixed use development is to allow for the
development of retail, office, apartment, townhomes and other high density residential uses on the site.
A mixed use designation would pave the way for working with Planning and Zoning and the City Council
toward creation of a unique development for Rexburg residents to work, shop and live - all within a
pedestrian friendly environment.
Questions 8B & 8C
The Comprehensive Plan identifies a number of community needs that would improve the vitality of the
City and surrounding areas. Those that are most applicable to this application are as follows: 1) Make
downtown an inviting place to shop, visit and spend time; 2) Maintain a community identity; 3) Provide
more clothing shops; 4) Address downtown parking issues; and, 5) Provide the citizens of Rexburg with
more sit down restaurants
The Hemming plan would not only meet the stated objectives but in many ways exceed expectations by
improving the City's ability to attract new business, new industry and workers by providing quality space
for retail, office and residential living. In short, good development in the heart of town will further
foster positive growth from within — making Rexburg a better place to live and work by providing goods
and services that could be obtained without leaving the City. More specific to the five identified needs
stated above, a high quality mixed use development would help meet those objectives in the following
ways: 1) Serve as a wonderful compliment to Downtown by creating a natural link between the
University and Downtown. Most cities continue to face the impact of sprawl - and Rexburg is no
exception as newer commercial development continues to occur to the south and north side. The
amendment to the Comp Plan would allow a mixed use development to drive traffic into town and allow
the Downtown retailers to capture a portion of the increased local and regional business. 2) The first
class manner in which Hemming Properties would approach this mixed use project would create a
signature element for the Community. The design of the project would create a sense of place - a
gathering place. It would serve to create identity and magnetism for local and regional traffic alike.
And given the given the quality of the planned development, it would serve as a standard for well
conceived, thoughtful development throughout the area. 3) Likewise, research shows a glaring shortage
of women, men, children and infant apparel stores — causing most of the local and regional shoppers to
shop outside of Rexburg. The Hemming mixed use project would focus on filling this void in the
consumer offering. 4) Parking is a major issue Downtown and near the University areas. The Hemming
mixed use project is designed to "get people out of their cars" by creating a pedestrian friendly
environment. Underground or parking decks would be built to avoid adding significant surface parking
and could serve to relieve parking needs for after hour events at or near the University. 5) The project
would seek to add more food establishments, including casual to better restaurants. Research confirms
a glaring gap in the food and restaurant consumer mix.
Further to the objectives of the Comprehensive Plan, the change to mixed use allows for specific
accomplishment of the following objectives stated in the plan.
1) Encourage compact development to retain a convenient city.
2) Encourage clustered commercial development south of the central business district and near
BYU -I. This development should be designed to serve the needs of students and faculty and be
within walking distance of the College.
3) Develop higher density housing adjacent to BYU -I. Housing that serves the students should be
within walking and biking distance from the college and from neighborhood commercial
services.
The stated goals in the Comprehensive Plan of enhancing the quality of life, promoting diverse economy,
establishing a strong tax base and seeking to meet the community needs through responsible
development and growth fits well with the direction and vision that Hemming Properties has for the
wonderful City of Rexburg. We would consider it an honor to play an integral role in achieving the goals
and plans set forth by the City leaders.
Thank you for your consideration!
Contact information:
Lane Hemming - 3113 West 1000 North, Rexburg, ID 83440
(208) 351 -6263
Richie Webb —133 South 2 "d West, Rexburg, ID 83440
(208) 356 -6142 or (330) 524 -9168
• 0
Affidavit of legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
Dt a xVJ '
CITY OF
E BUR
c1q.
Anwfic ' .Famr4 Commurr.Fy
State of Idaho
County of Madison
I, i4emn i nq `Pib C
Name
KexbtAn
City
3 1 13 W I ®v 0 N.
Address
`Zd66 S 34`f6
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: 1}eVrim itkm U -C 3i l3 iboo N. �X 1�D UV O
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 V10C day of N , 20 4 ) - 7
Signature A , LalA e- � e vAw&K j VVIeKal
Subscribed and sworn to before me the day and year first above written.
..............
Billy G. DuPree, A
Notary Public
State of Idaho
/" J. /- A ", A
Notary Public o daho pp
Residing at: 1\e- > Td a- k6
My commission expires: (Z 0 q / b
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties II LLC Properties
Parcel 1
Commencing at the Northwest corner of Lot 2, Block 47 of the Original Rexburg
Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence South 6 rods; thence East 8 rods, thence North 6 rods; thence
West 8 rods to the place of beginning.
Parcel 2
Commencing at a point 165 feet South of the Northeast corner of Lot 4, Block 47 of
the Original Rexburg Townsite, in the City of Rexburg, in Madison County, State of
Idaho, as per the recorded plat thereof, and running thence South 3 1/3 rods; thence
West 10 rods; thence North 3 1/3 rods; thence East 10 rods to the point of beginning.
Parcel 3
Commencing at a point 33 feet East of the Northwest Corner of Lot 1, Block 47 of
the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence South 165 feet; thence East 66 feet; thence
North 165 feet; thence West 66 feet to the point of beginning.
Parcel 4
Commencing 82 %2 feet west of the NE corner of Lot 1, Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, and running thence South 99 feet; thence
West 49 % feet; thence South 66 feet; thence West 33 feet; thence North 165 feet;
thence East 82 Meet to the point of beginning.
Parcel 5
Commencing at a point 165 feet West of the Northeast corner of Lot 1, in Block 47
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat
thereof, and running thence West 2.5 rods; thence South 10 rods; thence East 2.5
rods; thence North 10 rods to the Point of Beginning.
•
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
4 gti7��tUgf,
O J.
Y >,
3
CITY OF __._..._
E BUR
Ar tem.'a',,t I amih- f`vtnmuriiiy
State of Idaho
County of Madison
I, _ e�vr► i h� �roPPl�f i es V1 LL(—
Name
- Rexburg ,
City
3113 W. 10 oo t4'
Address
- I.dO-6 S 34 Yo
State
Being first duly sworn upon oath, depose and say:
(If Applicant is also Owner of Record, slap to B)
A. That I am the record owner of the property described on the attached, and I grant my
permission to: R'Un►moll 4- 1,Pmo U 3i 13 VV. Iboo
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 2 gal day of /JUyewtb-er- 120
r.
Signature La �2 W�Wt vvirJ� Ole p p-
Subscribed and sworn to before me the day and year first above written.
/I A , '-' - 4, /- -' , 01 h,
Notary Publig, Idaho
Residing at:
Billy G. DuPree, jr
Notary Public My commission expires: IZ 0 D
State of Idaho
r �
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties VI LLC Properties
Commencing at the Southwest corner of Lot 4 in Block 47 of the Original Rexburg
Townsite, in the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence East 148.5 feet; thence North 220 feet; thence East 65
feet; thence North 110 feet; thence West 65 feet; thence North 165 feet; thence West
148.5 feet; thence North 165 feet; thence West 33 feet; thence South 231 feet; thence
East 16.5 feet; thence South 429 feet; thence East 16.5 feet to the point of beginning.
TOGETHER WITH an easement over the West One (1) rod and SUBJECT TO a
reserved easement over the East One (1) rod of the following described parcel of
land: Commencing at the Southwest corner of Lot 4, in Block 47, aforesaid, and
running thence North 231 feet; thence West 33 feet; thence South 231 feet; thence
East 33 feet to the point of beginning.
ALSO: Commencing at a point 14 rods East of the Southwest corner of Lot 3, Block
47 of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded
plat thereof, and running thence North 4 rods; thence East 6 rods; thence South 14
rods; thence West 6 rods; thence North 10 rods to the point of beginning.
TOGETHER WITH a reserved easement as evidenced in Warranty Deed No.
141000.
SAID PARCELS DESCRIBE PROPERTY LOCATED IN PORTIONS OF BLOCK
47 OF ORIGINAL REXBURG TOWNSITE AND PORTIONS OF BLOCK 1 IN
THE SOUTHEND ADDITION.
•
9
Affidavit of legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
CITY OF
REXBUR
0& —
Anro ras amily?C mmumty
State of Idaho
County of Madison
I, �e�mmtvtq �rn, eS V L L.
Name
R�xbtnrg
City
3113 \N. to t 4,
Address
3,�1 �34YD
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 o the property described on the attached, and I grant my
permission to: �P.N'1 �Minal tnA 4-J'f 19eKf U 31 13 1iti/ Ib /l/. ReXbU>Vq 1 �D ELNAO
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 o`l
fthe application.
Dated this 2 �d day of / C)\/e* ,20 - 1
Signature A Lan Kevhwtin" 1q^
J )
Subscribed and sworn to before me the day and year first above written. I
44 "� 4
Notary Public o Idaho
Residi at: 1`eXb�h� > IGIG� 110
Bitty G. Dupree, Jr. g
Notary Public �Z `Q q b
State of Idaho My commission expires:
0
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties V LLC Properties
Parcel 1
Commencing 272.25 feet East of the Southwest corner of Lot 3 in Block 40 of the
Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof,
and running thence North 165 feet; thence East 57.75 feet; thence South 165 feet;
thence West 57.75 feet to the point of beginning.
Parcel 2
Commencing at the Northeast corner of Lot 2, Block 8 of the South End Addition to
the City of Rexburg, in Madison County, Idaho, as per the recorded plat thereof, and
running thence West 5 rods; thence South 10 rods; thence East 5 rods; thence North
one -half rod; thence East 1 rod; thence North 67.75 feet; thence West 11 feet; thence
North 89 feet; thence West 5.5 feet to the point of beginning.
Parcel 3
Commencing at a point of 87.5 feet West of the SE corner of Lot 4, Block 40 of the
Original Townsite ofRexburg, Madison County, Idaho, as shown on the recorded plat
thereof and running thence West 77.5 feet; thence north 82.5 feet; thence East 77.5
feet; thence South 82.5 feet to the point of beginning.
Parcel 4:
Tract 1: Commencing 55 feet South of the Northeast corner of Lot 4, Block 47 of the
Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, and
running thence South 55 feet; thence West 100 feet; thence North 55 feet; thence East
100 feet to the point of beginning.
Tract 2: Commencing at a point 165 feet North of the Southeast corner of Lot 4,
Block 47 of the Original Townsite in the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, thence North 55 feet, thence West 165 feet, thence
South 55 feet, thence East 165 feet to the point of beginning.
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
r
J
' CITY OF
�.E XBURG
,Q sqS cil's J•G t7it Y t Y3'i MttYi7iW
State of Idaho
County of Madison
I, �t�lnvv►ihy �raper�ies I -L-C 3113 W , IOU 0 N,
Name Address
F,9 -xbtArJ
City
- I_a6_ . S 34 YO
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 o the property described on the attached, and I grant my
permission to: R E?,yr► wh i nai ac q,P+yoi f U C 31 13 16W Al. R.e-y6 rg S I D EU -110
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 2 nd N day of y \/C , 20 Q'7
Signature A, C a vt i 2V1� W1�VvtG I m a -vtail
Subscribed and sworn to before me the day and year first above written.
lf
Notary Public of I o
Blgy G. DUPree, Jc Residing at: Ke -Xbt&h� j IGIG� �b
Notary Public /
State of Idaho My commission expires: 17- 4 / I b
0 0
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties III LLC Properties
Parcel 1
Tract 1: Commencing at the Northwest corner of Lot 1, Block 1 of the South End
Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence East 165 feet; thence South 165 feet; thence West 49.5
feet; thence North 99 feet; thence West 115.5 feet; thence North 66 feet to the point
of beginning.
Tract 2: Commencing at a point 10 rods East of the SW corner, Lot 1, Block 1 of the
South End Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 4 rods; thence North 10 rods; thence
West 4 rods; thence South 10 rods to the place of beginning.
Parcel 2
Commencing 99 feet South of the Northwest corner of Lot 3, Block 47, Original
Townsite of Rexburg, Madison County, Idaho, thence South 66 feet; thence East 231
feet, thence North 66 feet, thence West 231 feet to the place of beginning.
Parcel 3:
Tract 1: Commencing at a point that is 6 rods East of the NW corner of Lot 2, Block
8, Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 4 rods; thence South 53 feet; thence
West 4 rods; thence North 53 feet to the point of beginning.
Tract 2: Beginning at a point that is 6 rods East of the NW corner of Lot 2, Block 8,
Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof and running thence East 4 rods; thence South 53 feet to the true
point of beginning; thence South 46 feet; thence West 4 rods; thence North 46 feet;
thence East 4 rods to the point of beginning.
Tract 3: A 24 foot easement for ingress and egress more particularly described in that
certain Cross Access, Ingress Egress Easement recorded April 1, 2005, as Instrument
No. 318691, Madison County, Idaho.
Parcel 4
Tract 1: A parcel of land situated in Madison County, Idaho, Township 6 North,
Range 40 East, Boise Meridian, Section 30, more particularly described as follows:
Beginning at the Northwest corner of Block 8 of the Southend Addition to the City
of Rexburg, thence North 89 °44'58" East for a distance of 165.00 feet to the true
point of beginning; thence North 89 °44'58" East for a distance of 82.50 feet; thence
South 00 °15'02" East for a distance of 99.00 feet; thence South 89 °44'58" West for
a distance of 82.50 feet; thence North 00 °15'02" West for a distance of 99.00 feet to
the true point of beginning.
Tract 2: A 24 feet easement for ingress and egress more particularly described in that
certain Cross Access, Ingress Egress Easement recorded April 1, 2005, as Instrument
No. 318691, Madison County, Idaho.
Parcel 5
Tract 1: Commencing at the Southwest corner of Lot 4 in Block 40 of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 57 feet; thence North 148.5 feet;
thence West 57 feet; thence South 148.5 feet to the point of beginning.
Tract 2: Commencing 148.5 feet North of the Southwest corner of Lot 4, Block 40
of the Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, and running thence East 57 feet; thence North 16.5
feet; thence West 57 feet; thence South 16.5 feet to the point of beginning.
Page 2
6 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
r
CITY OF
RE XBUR
,Anrt'."ic�x's t�a»sin� Ca�n;mur�s:v
State of Idaho
County of Madison
I, [- eft Paperfl I V LLC
Name
City
3113 W. 1 00b t4,
Address
State
Being first duly sworn upon oath, depose and say:
(If Applicant is also Owner of Record, sldp to B)
A. That I am the record owner of the property described on the attached, and I grant my
permission to: 1A 'UmMinl 4 y�Pi11PYii LL C 3113 1A/. Idoo AJ. Re�tb j �D $3S�f/D
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 2 day of /Jove'VVb. , 20 C 7
Signature A , L o vi e Re - vAvK Vvt4 0A "
Subscribed and sworn to before me the day and year first above written.
ti
Notary Public of Idaho
Billy G. DuPree, Jr.
Notary Public Residing at: Ke t'6mj > IdO- lib
State of Idaho
My commission expires: ` l I D
f •
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties IV LLC Properties
Parcel 1
Commencing at a point 58.5 feet North of the Southwest corner of Block 1 of the
Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 115.5 feet, thence North 40.5 feet,
thence West 115.5 feet, thence South 40.5 feet to the point of beginning.
Parcel 2
Tract 1: Commencing at a point 115 feet South of the Northwest Corner of Lot 2,
Block 8 of the South End Addition to the City of Rexburg as per the recorded plat
thereof and running thence South 50 feet; thence East 99 feet; thence North 50 feet;
thence West 99 feet to the point of beginning.
Tract 2: Commencing at a point 65 feet South of the Northwest Corner of Lot 2,
Block 8 of the South End Addition to the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, and running thence South 50 feet; thence West 99
feet; thence North 50 feet; thence West 99 feet to the point of beginning.
Parcel 3:
Tract 1: Commencing at the Northwest corner of Lot 1 in Block 54 of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 93.5 feet; thence South 156.75 feet;
thence West 93.5 feet; thence North 67.75 feet; thence West 11 feet; thence North 89
feet; thence East 11 feet to the point of beginning. Same being more particularly
described as the West 93.5 feet of the North 156.75 feet of said Lot 1 in Block 54,
and the East 11 feet of the North 89 feet of Lot 2 %2 of Block 8 of the South End
Addition to the said City of Rexburg.
Tract 2: Commencing at a point 10 rods West of the Northeast corner of Lot 1, Block
54 in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence South 9 %2 rods; thence West 3 1/3 rods, thence North 9 %2 rods;
thence East 3 1/3 rods to the place of beginning.
Parcel 4
Commencing 12.5 rods West of the NE corner of Lot 1, Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, as shown on the recorded plat thereof,
thence West 2.5 rods; thence South 10 rods; thence East 2.5 rods; thence North 10
rods to the point of beginning.
• •
Affidavit of legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
4 �y'�xxUt}r
REXB
�trrt�:zrzss IiarniEj� Cvrnmanrty
State of Idaho
County of Madison
I, NeAnnuv���q QrbPeu'�t �S I u C
Name
(,e- X6M
City
3113W.1000N
Address
- j a6_6 S 34 YD
State
Being first duly sworn upon oath, depose and say:
(If Applicant is also Owner of Record, sldp to B)
A. That I am the record owner of the property described on the attached, and I grant my
permission to: �'EaA'Iminq t acq,Pyi1PKt u 31 B y1/, I6 00 /J- , Re..1,6" j i b Fc3S
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 2 � day of UvE� V►�b eX— , 20 0- 7
Signature A, LoO6 e K2 \-AV I "I
Subscribed and sworn to before me the day and year first above written.
Billy Q. Dupree, it
Notary Public
State of Idaho
Notary Public of daho p
Residing at: R eXbttihq > =dL �ib
My commission expires:
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties I LLC Properties
Parcel 1
Commencing at a point 33 feet South of the Northwest corner of Lot 3 in Block 47
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat
thereof, and running thence South 66 feet; thence East 330 feet; thence North 66 feet;
thence West 330 feet to the point of beginning.
Parcel 2
Tract 1: Commencing at a point 13 1/3 rods West of the Southeast corner of Lot 4
in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence North 10 rods; thence West 53 feet; thence South 10
rods; thence East 53 feet to the point of beginning.
Tract 2: Commencing 10 rods West of the Southeast corner of Lot 4, Block 40 of the
Original Rexburg Townsite, as per the recorded plat thereof, and running thence West
3 1/3 rods; thence North 10 rods; thence East 3 1/3 rods; thence South 10 rods to the
point of beginning.
Parcel 3
Commencing at the Northwest corner of Lot 2, Block 8 of the South End Addition
to the City of Rexburg, as per the recorded plat thereof, and running thence South 65
feet, thence East 99 feet, thence North 65 feet, thence West 99 feet to the point of
beginning.
0
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, 0 83440 www.rexburg.org Fax: 208.359.3022
CITY OF
REX B UR
JSYIt {': tf.'tS S 7'f.'et:t �Y � ?f }STi tY{jltiiiY
State of Idaho
County of Madison
I, �eam,mihg dace LL-C.
Name
City
3113 W . loo N,
Address
j &Ins. S - 3 1
`f D
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: ROM inq 4 - q ?invent U C- -3i \3 V1/. Ibc� /l/.� Rp-y6 rg J �D E 0
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 2 YIol day of c)\/evvb-e,, 1 20 Q'7
Subscribed and sworn to before mg
E iE l
Residing at: KeXbmh- > TA& k
My commission expires: M l 6 q 1 .6
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Homeolace LLC Properties
Tract 1: A portion of Lots 2 and 3, Block 47, City of Rexburg, Madison County,
Idaho, as shown on the recorded plat thereof, described as follows: Beginning at a
point 33 feet N. of the SW corner of said Lot 2, thence N. 66 feet; thence E. 330 feet;
thence S. 132 feet; thence W. 99 feet; thence N. 66 feet; thence W. 231 feet to the
point of beginning.
Tract 2: Commencing at the Northwest corner of Lot 3, Block 47 of the Original
Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof and running thence South 2 rods; thence East 14 rods; thence
North 4 rods; thence West 14 rods; thence South 2 rods to the point of beginning.
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
aF �Y,sxt:�r
�o
C I T Y O F
REX G
A wn'at'c
State of Idaho
County of Madison T
I, lm in4 PY , e s VII Ll C
Name
City
3113 W. 100 1) t
Address
- [j,&" S3 g YO
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: R vhiwj In"d- Jealent U C- 3113 1N• 1600 Al. 1ID FL?-
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. A
Dated this 2 V -10l day of 0yew-b-e , 20 d 7
Signature A; Cade �evrnvi�iMS� �'1'l�vc�y p r
Subscribed and sworn to before me the day and year first above written. /
Notary Publi of Idaho
Billy G. Dupree, Jt Residing at: �eX�c�h� > TdG� 11
Notary Public i2 Q 4 r b
State of Idaho My commission expires:
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties VII LLC Properties
Commencing at the Southwest corner of the Northwest Quarter of Lot 2, Block 47
of the original Rexburg Townsite, Madison County, State of Idaho, and running
thence East 8 rods; thence North 4 rods; thence West 8 rods; thence South 4 rods to
the place of beginning.
Also, commencing at the Northwest corner of the Southwest Quarter of said Lot 2,
Block 47 of the original Rexburg Townsite, Madison County, Idaho, and running
thence South 4 rods; thence East 12 rods; thence North 4 rods; thence West 12 rods;
to the place of beginning.
Hemminiz Homeplace LLC Properties
Tract l: A portion of Lots 2 and 3, Block 47, City of Rexburg, Madison County,
Idaho, as shown on the recorded plat thereof, described as follows: Beginning at a
point 33 feet N. of the SW corner of said Lot 2, thence N. 66 feet; thence E. 330 feet;
thence S. 132 feet; thence W. 99 feet; thence N. 66 feet; thence W. 231 feet to the
point of beginning.
Tract 2: Commencing at the Northwest corner of Lot 3, Block 47 of the Original
Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof and running thence South 2 rods; thence East 14 rods; thence
North 4 rods; thence West 14 rods; thence South 2 rods to the point of beginning.
Hemming Properties I LLC Properties
Parcel 1
Commencing at a point 33 feet South of the Northwest corner of Lot 3 in Block 47
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat
thereof, and running thence South 66 feet; thence East 330 feet; thence North 66 feet;
thence West 330 feet to the point of beginning.
Parcel 2
Tract 1: Commencing at a point 13 1/3 rods West of the Southeast corner of Lot 4
in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence North 10 rods; thence West 53 feet; thence South 10
rods; thence East 53 feet to the point of beginning.
Tract 2: Commencing 10 rods West of the Southeast corner of Lot 4, Block 40 of the
Original Rexburg Townsite, as per the recorded plat thereof, and running thence West
3 1/3 rods; thence North 10 rods; thence East 3 1/3 rods; thence South 10 rods to the
point of beginning.
Parcel 3
Commencing at the Northwest corner of Lot 2, Block 8 of the South End Addition
to the City of Rexburg, as per the recorded plat thereof, and running thence South 65
feet, thence East 99 feet, thence North 65 feet, thence West 99 feet to the point of
beginning.
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Hemming_ Properties H LLC Properties
Parcel 1
Commencing at the Northwest corner of Lot 2, Block 47 of the Original Rexburg
Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence South 6 rods; thence East 8 rods, thence North 6 rods; thence
West 8 rods to the place of beginning.
Parcel 2
Commencing at a point 165 feet South of the Northeast corner of Lot 4, Block 47 of
the Original Rexburg Townsite, in the City of Rexburg, in Madison County, State of
Idaho, as per the recorded plat thereof, and running thence South 3 1/3 rods; thence
West 10 rods; thence North 3 1/3 rods; thence East 10 rods to the point of beginning.
Parcel 3
Commencing at a point 33 feet East of the Northwest Corner of Lot 1, Block 47 of
the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence South 165 feet; thence East 66 feet; thence
North 165 feet; thence West 66 feet to the point of beginning.
Parcel 4
Commencing 82 %2 feet west of the NE corner of Lot 1, Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, and running thence South 99 feet; thence
West 49 % feet; thence South 66 feet; thence West 33 feet; thence North 165 feet;
thence East 82 %2 feet to the point of beginning.
Parcel 5
Commencing at a point 165 feet West of the Northeast corner of Lot 1, in Block 47
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat
thereof, and running thence West 2.5 rods; thence South 10 rods; thence East 2.5
rods; thence North 10 rods to the Point of Beginning.
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Hemming Properties III LLC Properties
Parcel 1
Tract 1: Commencing at the Northwest corner of Lot 1, Block 1 of the South End
Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence East 165 feet; thence South 165 feet; thence West 49.5
feet; thence North 99 feet; thence West 115.5 feet; thence North 66 feet to the point
of beginning.
Tract 2: Commencing at a point 10 rods East of the SW corner, Lot 1, Block 1 of the
South End Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 4 rods; thence North 10 rods; thence
West 4 rods; thence South 10 rods to the place of beginning.
Parcel 2
Commencing 99 feet South of the Northwest corner of Lot 3, Block 47, Original
Townsite of Rexburg, Madison County, Idaho, thence South 66 feet; thence East 231
feet, thence North 66 feet, thence West 231 feet to the place of beginning.
Parcel 3:
Tract 1: Commencing at a point that is 6 rods East of the NW corner of Lot 2, Block
8, Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 4 rods; thence South 53 feet; thence
West 4 rods; thence North 53 feet to the point of beginning.
Tract 2: Beginning at a point that is 6 rods East of the NW corner of Lot 2, Block 8,
Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof and running thence East 4 rods; thence South 53 feet to the true
point of beginning; thence South 46 feet; thence West 4 rods; thence North 46 feet;
thence East 4 rods to the point of beginning.
Tract 3: A 24 foot easement for ingress and egress more particularly described in that
certain Cross Access, Ingress Egress Easement recorded April 1, 2005, as Instrument
No. 318691, Madison County, Idaho.
Parcel 4
Tract l: A parcel of land situated in Madison County, Idaho, Township 6 North,
Range 40 East, Boise Meridian, Section 30, more particularly described as follows:
Beginning at the Northwest corner of Block 8 of the Southend Addition to the City
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of Rexburg, thence North 89 °44'58" East for a distance of 165.00 feet to the true
point of beginning; thence North 89 °44'58" East for a distance of 82.50 feet; thence
South 00 °15'02" East for a distance of 99.00 feet; thence South 89 °44'58" West for
a distance of 82.50 feet; thence North 00 °15'02" West for a distance of 99.00 feet to
the true point of beginning.
Tract 2: A 24 feet easement for ingress and egress more particularly described in that
certain Cross Access, Ingress Egress Easement recorded April 1, 2005, as Instrument
No. 318691, Madison County, Idaho.
Parcel 5
Tract 1: Commencing at the Southwest corner of Lot 4 in Block 40 of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 57 feet; thence North 148.5 feet;
thence West 57 feet; thence South 148.5 feet to the point of beginning.
Tract 2: Commencing 148.5 feet North of the Southwest corner of Lot 4, Block 40
of the Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, and running thence East 57 feet; thence North 16.5
feet; thence West 57 feet; thence South 16.5 feet to the point of beginning.
Hemming Properties IV LLC Properties
Parcel 1
Commencing at a point 58.5 feet North of the Southwest corner of Block 1 of the
Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 115.5 feet, thence North 40.5 feet,
thence West 115.5 feet, thence South 40.5 feet to the point of beginning.
Parcel 2
Tract 1: Commencing at a point 115 feet South of the Northwest Corner of Lot 2,
Block 8 of the South End Addition to the City of Rexburg as per the recorded plat
thereof and running thence South 50 feet; thence East 99 feet; thence North 50 feet;
thence West 99 feet to the point of beginning.
Tract 2: Commencing at a point 65 feet South of the Northwest Corner of Lot 2,
Block 8 of the South End Addition to the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, and running thence South 50 feet; thence West 99
feet; thence North 50 feet; thence West 99 feet to the point of beginning.
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Parcel 3:
Tract 1: Commencing at the Northwest corner of Lot 1 in Block 54 of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 93.5 feet; thence South 156.75 feet;
thence West 93.5 feet; thence North 67.75 feet; thence West 11 feet; thence North 89
feet; thence East 11 feet to the point of beginning. Same being more particularly
described as the West 93.5 feet of the North 156.75 feet of said Lot 1 in Block 54,
and the East 11 feet of the North 89 feet of Lot 2 %2 of Block 8 of the South End
Addition to the said City of Rexburg.
Tract 2: Commencing at a point 10 rods West of the Northeast corner of Lot 1, Block
54 in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence South 9 % rods; thence West 3 1/3 rods, thence North 9 %2 rods;
thence East 3 1/3 rods to the place of beginning.
Parcel 4
Commencing 12.5 rods West of the NE corner of Lot 1, Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, as shown on the recorded plat thereof,
thence West 2.5 rods; thence South 10 rods; thence East 2.5 rods; thence North 10
rods to the point of beginning.
Hemming Properties V LLC Properties
Parcel 1
Commencing 272.25 feet East of the Southwest corner of Lot 3 in Block 40 of the
Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof,
and running thence North 165 feet; thence East 57.75 feet; thence South 165 feet;
thence West 57.75 feet to the point of beginning.
Parcel 2
Commencing at the Northeast corner of Lot 2, Block 8 of the South End Addition to
the City of Rexburg, in Madison County, Idaho, as per the recorded plat thereof, and
running thence West 5 rods; thence South 10 rods; thence East 5 rods; thence North
one -half rod; thence East 1 rod; thence North 67.75 feet; thence West 11 feet; thence
North 89 feet; thence West 5.5 feet to the point of beginning.
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Parcel 3
Commencing at a point of 87.5 feet West of the SE corner of Lot 4, Block 40 of the
Original Townsite of Rexburg, Madison County, Idaho, as shown on the recorded plat
thereof and running thence West 77.5 feet; thence north 82.5 feet; thence East 77.5
feet; thence South 82.5 feet to the point of beginning.
Parcel 4:
Tract 1: Commencing 55 feet South of the Northeast corner of Lot 4, Block 47 of the
Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, and
running thence South 55 feet; thence West 100 feet; thence North 55 feet; thence East
100 feet to the point of beginning.
Tract 2: Commencing at a point 165 feet North of the Southeast corner of Lot 4,
Block 47 of the Original Townsite in the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, thence North 55 feet, thence West 165 feet, thence
South 55 feet, thence East 165 feet to the point of beginning.
Hemming Properties VI LLC Properties
Commencing at the Southwest corner of Lot 4 in Block 47 of the Original Rexburg
Townsite, in the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence East 148.5 feet; thence North 220 feet; thence East 65
feet; thence North 110 feet; thence West 65 feet; thence North 165 feet; thence West
148.5 feet; thence North 165 feet; thence West 33 feet; thence South 231 feet; thence
East 16.5 feet; thence South 429 feet; thence East 16.5 feet to the point of beginning.
TOGETHER WITH an easement over the West One (1) rod and SUBJECT TO a
reserved easement over the East One (1) rod of the following described parcel of
land: Commencing at the Southwest corner of Lot 4, in Block 47, aforesaid, and
running thence North 231 feet; thence West 33 feet; thence South 231 feet; thence
East 33 feet to the point of beginning.
ALSO: Commencing at a point 14 rods East of the Southwest corner of Lot 3, Block
47 of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded
plat thereof, and running thence North 4 rods; thence East 6 rods; thence South 14
rods; thence West 6 rods; thence North 10 rods to the point of beginning.
TOGETHER WITH a reserved easement as evidenced in Warranty Deed No.
141000.
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i
SAID PARCELS DESCRIBE PROPERTY LOCATED IN PORTIONS OF BLOCK
47 OF ORIGINAL REXBURG TOWNSITE AND PORTIONS OF BLOCK 1 IN
THE SOUTHEND ADDITION.
Hemming Properties VII LLC Properties
Commencing at the Southwest corner of the Northwest Quarter of Lot 2, Block 47
of the original Rexburg Townsite, Madison County, State of Idaho, and running
thence East 8 rods; thence North 4 rods; thence West 8 rods; thence South 4 rods to
the place of beginning.
Also, commencing at the Northwest corner of the Southwest Quarter of said Lot 2,
Block 47 of the original Rexburg Townsite, Madison County, Idaho, and running
thence South 4 rods; thence East 12 rods; thence North 4 rods; thence West 12 rods;
to the place of beginning.
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YxXKI'Rn
C t "fY OF
V R E_ XBURG
America's Family Community
RESOLUTION FOR ADOPTION OF
VISION 2020 REXBURG COMPREHENSIVE PLAN MAP
Resolution 2008 — 07
WHEREAS, on the 23` day of lanu. . 2008 . the City Council for the City of Rexburg was
duly convened upon notice properly given and a quorum was duly noted; and
WHEREAS, the appropriate public hearings have been held before the Planning and
Zoning Commission on December 06`", 2007; and the City Council on January 23` 2008,
with regards to amendments to the City ofRexburg Vision 2020 Comprehensive Plan
Map dated the le of November, 2007 and
WHEREAS, the City Council reviewed and approved the requested changes as delineated
by area with regards to amendments to the City ofRexburg Vision 2020 Comprehensive
Plan Map, dated the 16 of November, 2007
Area 1
(Located in the Impact Area for the City of Rexburg)
It is proposed that the following tract of land currently designated as "Low- ;tilodcratc
Residential" as shown on the City of Rexburg Preferred Land Use Map be changed to
"Commercial", said property more particularly- described as follows:
Beginning at the Northeast corner of Section 26, Township 6 North, Range 39 East, Boise
Meridian, thence West along the north boundary line of said section 1612 feet; thence South
728.5 feet; thence Fast 1612 feet; thence North along the Fast boundary line of said section
728.5 feet to the point of beginning, containing 26.96 acres, more or less.
Area 3:
(Located in the City of Rexburg)
It is proposed that the following tract of land currently designated as "Moderate -High
Residential Density" as shown on the City of Rexburg Preferred Land Use Map be changed to
"Commercial ", said property more particularly described as follows:
Tract 1: Commencing at a point 98 feet West_ of the Southeast corner of Block 8 of the
Parker Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence North 99 feet; thence West 34 feet; thence South 99 feet; thence
East 34 feet to the point of beginning.
Tract 2: Commencing at a point 132 feet West of the Southeast Corner of Lot 5, Block 8, of
Parker Addition to the City of Rexburg, in Madison County, Idaho, as per the recorded plat
thereof, and running thence West 70 feet; thence North 125 feet; thence North 45 East
28.28 feet; thence East 50 feet; thence South 145 feet to the point of beginning.
0 0
Tract 3: Commencing at a point that is West 202.00 feet from the Southeast corner of Block
8 of Parker Addition to the City of Rexburg, in Madison County, Idaho as per recorded plat
thereof, and running thence West 15 feet; thence North 115.0 feet to a point on a curve with
a radius of 50.0 feet; thence Northeasterly around said curve to the right a distance of 78.54
feet; thence East 35.0 feet; thence South 20.0 feet; thence West 50.0 feet; thence South 45
West 28.28 feet; thence South 125.0 feet to the point of beginning.
Area 4 (Located in the City of Rexburg)
Hemming Properties Management, LLC
It is proposed that the following tract of land currently designated as
"Commercial /Moderate -High Residential Density" as shown on the City of Rexburg Preferred
Land Use Map be changed to "Mixed- Use ", said property more particularly described as
follows:
Hemming Homenlace LLC Prop erties
Tract 1: A portion of Lots 2 and 3, Block 47, City of Rexburg, Madison County,
Idaho, as shown on the recorded plat thereof, described as follows: Beginning at a point 33
feet N. of the SW corner of said Lot 2, thence N. 66 feet; thence R. 330 feet; thence S. 132
feet; thence W. 99 feet; thence N. 66 feet; thence W. 231 feet to the point of beginning.
Tract 2: Commencing at the Northwest corner of Lot 3, Block 41 of the Original
Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof and running thence South 2 rods; thence East 14 rods; thence North 4 rods; thence
West 14 rods; thence South 2 rods to the point of beginning.
Hemming Properties I LLC Properties
Parcel l : Commencing at a point 33 feet south of the Northwest corner of Lot 3 in Block 47
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof,
and running thence South 66 feet; thence East 330 feet; thence North 66 feet; thence West
3 30 feet to the point of beginning.
Parcel 2 : Tract 1: Commencing at a point 13 1/3 rods West of the Southeast corner of Lot 4
in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and
running thence North 10 rods; thence West 53 feet; thence South 10 rods; thence East 53
feet to the point of beginning.
Tract 2: Commencing 10 rods west of the Southeast corner of Lot 4, Block 40 of
the Original Rexburg Townsite, as per the recorded plat thereof, and running thence West 3
1/3 rods; thence North 10 rods; thence East 3 1/3 rods; thence South 10 rods to the point
of beginning.
Parcel 3 : Commencing at the Northwest corner of Lot 2, Block 8 of the South End Addition
to the City of Rexburg, as per the recorded plat thereof, and running thence South 65 feet,
thence East 99 feet, thence North 65 feet, thence West 99 feet to the point of beginning.
Hemming Properties II LLC Properties
Parcel l : Commencing at the Northwest corner of Lot 2, Block 47 of the Original Rexburg
Townsitc, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and
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running thence South 6 rods; thence East 8 rods, thence North 6 rods; thence West 8 rods
to the place of beginning.
Parcel 2 : Commencing at a point 165 feet South of the Northeast corner of Lot 4, Block 47
of the Original Rexburg Townsite, in the City of Rexburg, in Madison County, State of
Idaho, as per the recorded plat thereof, and running thence South 3 1/3 rods; thence West
10 rods; thence North 3 1/3 rods; thence Fast 10 rods to the point of beginning.
Parcel 3 : Commencing at a point 33 feet east of the Northwest Corner of Lot 1, Block 47 of
the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence South 165 feet; thence East 66 feet; thence North
165 feet; thence West 66 feet to the point of beginning.
Parcel 4 : Commencing 82 1 /2 feet west of the NE corner of Lot 1, Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, and running thence South 99 feet; thence West
49 i / 2 feet; thence South 66 feet; thence West 33 feet; thence North 165 feet; thence East 82
1 /2 feet to the point of beginning.
Parcel 5 : Commencing at a point 165 feet west of the Northeast corner of Lot 1, in Block 47
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof,
and running thence West 2.5 rods; thence South 10 rods; thence East 2.5 rods; thence North
10 rods to the Point of Beginning.
Hemming, Properties III LLC Properties
Parcel 1 : Tract 1: Commencing at the Northwest corner of Lot 1, Block 1 of the South End
Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence Fast 165 feet; thence South 165 feet; thence West 49.5 feet; thence
North 99 feet; thence West 115.5 feet; thence North 66 feet to the point of beginning.
Tract 2: Commencing at a point 10 rods East of the SW corner, Lot 1, Block 1 of
the South End Addition to the City of Rexburg, Madison County, Idaho, as per the recorded
plat thcrcof, and running thence East 4 rods; thence North 10 rods; thence West 4 rods;
thence South 10 rods to the place of beginning.
Parcel 2 : Commencing 99 feet south of the Northwest corner of Lot 3, Block 47, Original
Townsite of Rexburg, Madison County, Idaho, thence South 66 feet; thence East 231 feet,
thence North 66 feet, thence West 231 feet to the place of beginning.
Parcel 3: Tract 1: Commencing at a point that is 6 rods east of the NW comer of Lot 2,
Block 8, Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 4 rods; thence South 53 feet; thence West 4
rods; thence North 53 feet to the point of beginning.
Tract 2: Beginning at a point that is 6 rods East of the NW corner of Lot 2, Block
8, Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded
plat thereof and running thence East 4 rods; thence South 53 feet to the true point of
beginning; thence South 46 feet; thence West 4 rods; thence North 46 feet; thence East 4
rods to the point of beginning.
3
Tract 3: A 24 foot easement for ingress and egress more particularly described in
that certain Cross Access, Ingress Egress Easement recorded April 1, 2005, as Instrument
No. 318691, Madison County, Idaho.
Parcel 4 : Tract 1: A parcel of land situated in Madison County, Idaho, Township 6 North,
Range 40 East, Boise Meridian, Section 30, more particularly described as follows: Beginning
at the Northwest corner of Block 8 of the Southend Addition to the City of Rexburg, thence
North 891144'58" East for a distance of 165.00 feet to the true point of beginning; thence
North 89 East for a distance of 82.50 feet; thence South 0V! 15'02" East for a
distance of 99.00 feet; thence South 890 4458" West for a distance of 82.50 feet; thence
North 0(>n 15'02" West for a distance of 99.00 feet to the true point of beginning.
Tract 2: A 24 feet easement for ingress and egress more particularly described in
that certain Cross Access, Ingress Egress Easement recorded April 1, 2005, as Instrument
No. 318691, Madison County, Idaho.
Parcel 5 : Tract 1: Commencing at the Southwest corner of Lot 4 in Block 40 of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence East 57 feet; thence North 148.5 feet; thence West 57 feet;
thence South 148.5 feet to the point of beginning.
Tract 2: Commencing 148.5 feet north of the Southwest corner of Lot 4, Block 40
of the Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, as per
the recorded plat thereof, and running thence East 57 feet; thence North 16.5 feet; thence
West 57 feet; thence South 16.5 feet to the point of beginning.
Hemming Properties N LLC Properties
Parcel 1 : Commencing at a point 58.5 feet north of the Southwest corner of Block 1 of the
Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence East 115.5 feet, thence North 40.5 feet, thence West 115.5 feet,
thence South 40.5 feet to the point of beginning.
Parcel 2 : Tract 1: Commencing at a point 115 feet South of the Northwest Corner of Lot 2,
Block 8 of the South End Addition to the City of Rexburg as per the recorded plat thereof
and running thence South 50 feet; thence East 99 feet; thence North 50 feet; thence West 99
feet to the point of beginning.
Tract 2: Commencing at a point 65 feet South of the Northwest Corner of Lot 2,
Block 8 of the South End Addition to the City of Rexburg, Madison County, Idaho, as per
the recorded plat thereof, and running thence South 50 feet; thence West 99 feet; thence
North 50 feet; thence West 99 feet to the point of beginning.
Parcel 3: Tract 1: Commencing at the Northwest corner of Lot 1 in Block 54 of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence East 93.5 feet; thence South 156.75 feet; thence West 93.5 feet;
thence North 67.75 feet; thence West 11 feet; thence North 89 feet; thence East 11 feet to
the point of beginning. Same being more particularly described as the West 93.5 feet of the
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North 156.75 feet of said Lot 1 in Block 54, and the East 11 feet of the North 89 feet of Lot
2' /a of Block 8 of the South End Addition to the said City of Rexburg.
Tract 2: Commencing at a point 10 rods West of the Northeast corner of Lot 1,
Block 54 in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence South 9 '/2 rods; thence West 3 1/3 rods, thence North 9 '/z rods; thence
East 3 1/3 rods to the place of beginning.
Parcel 4 : Commencing 12.5 rods West of the NE corner of Lot 1, Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, as shown on the recorded plat thereof; thence
West 2.5 rods; thence South 10 rods; thence East 2.5 rods; thence North 10 rods to the
point of beginning.
Hemming Properties V LLC Properties
Parcel 1 : Commencing 272.25 feet east of the Southwest corner of Lot 3 in Block 40 of the
Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and
running thence North 165 feet; thence East 57.75 feet; thence South 165 feet; thence West
57.75 feet to the point of beginning.
Parcel 2 : Commencing at the Northeast corner of Lot 2, Block 8 of the South End Addition
to the City of Rexburg, in Madison County, Idaho, as per the recorded plat thereof, and
running thence West 5 rods; thence South 10 rods; thence East 5 rods; thence North one -
half rod; thence East 1 rod; thence North 67.75 feet; thence West 11 feet; thence North 89
feet; thence West 5.5 feet to the point of beginning.
Parcel 3 : Commencing at a point of 87.5 feet West of the SE corner of Lot 4, Block 40 of
the Original Townsite of Rexburg, Madison County, Idaho, as shown on the recorded plat
thereof and running thence West 77.5 feet; thence north 82.5 feet; thence East 77.5 feet;
thence South 82.5 feet to the point of beginning.
Parcel 4 : Tract 1: Commencing 55 feet South of the Northeast corner of Lot 4, Block 47 of
the Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, and running
thence South 55 feet; thence %'cst 100 feet; thence North 55 feet; thence East 100 feet to
the point of beginning.
Tract 2: Commencing at a point 165 feet north of the Southeast corner of Lot 4,
Block 47 of the Original Townsite in the City of Rexburg, Madison County, Idaho, as per
the recorded plat thereof, thence North 55 feet, thence West 165 feet, thence South 55 feet,
thence East 165 feet to the point of beginning.
Hemming Properties VI LLC Properties
Commencing at the Southwest corner of Lot 4 in Block 47 of the Original Rexburg
Townsite, in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence East 148.5 feet; thence North 220 feet; thence East 65 feet; thence
North 110 feet; thence West 65 feet; thence North 165 feet; thence West 148.5 feet; thence
North 165 feet; thence West 33 feet; thence South 231 feet; thence East 16.5 feet; thence
South 429 feet; thence East 16.5 feet to the point of beginning.
TOGETI IER WITI I an casement over the West One (1) rod and SUBJECT TO a reserved
easement over the East One (1) rod of the following described parcel of land: Commencing
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at the Southwest corner of Lot 4, in Block 47, aforesaid, and running thence North 231 feet;
thence West 33 feet; thence South 231 feet; thence East 33 feet to the point of beginning.
ALSO: Commencing at a point 14 rods East of the Southwest corner of Lot 3, Block 47 of
the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof,
and running thence North 4 rods; thence East 6 rods; thence South 14 rods; thence West 6
rods; thence North 10 rods to the point of beginning. TOGETHER WITH a reserved
easement as evidenced in Warranty Deed No. 141000.
SAID PARCELS DESCRIBE PROPERTY LOCATED IN PORTIONS OF BLOCK 47
OF ORIGINAL REXBURG TOWNSITE AND PORTIONS OF BLOCK 1 IN THE
SOUTIIEND ADDITION.
Hemming Properties VII LLC Properties
Commencing at the Southwest corner of the Northwest Quarter of Lot 2, Block 47 of the
original Rexburg Townsite, Madison County, State of Idaho, and running thence Fast 8
rods; thence North 4 rods; thence West 8 rods; thence South 4 rods to the place of
beginning.
Also, commencing at the Northwest corner of the Southwest Quarter of said Lot 2, Block
47 of the original Rexburg Townsite, Madison County, Idaho, and running thence South 4
rods; thence East 12 rods; thence North 4 rods; thence West 12 rods; to the place of
beginning.
NOW THEREFORE, by resolution duly adopted on the date first above written, be it
resolved by the Mayor and the City Council the following:
The City of Rexburg does hereby accept and adopt the recommendation of the Rexburg City
Planning and Zoning Commission concerning adoption of the City oFRexburg Vision
2020 Comprehensive Plan Map updated the 23r of January, 2008
RESOLVED this 23 " day of January, 2008, City Council, City of Rexburg, Idaho.
SIGNED BY: Shawn Larsen, Mayor
ATTEST: Blair D. Kay, City Clerk
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Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
` u � R e.xev R �� o
C[ T Y O F
REX BURG
CW - --
Americas Family Community
Comprehensive Plan/ Land Use Amendments
1. On September 28, 2007, Rodney Parkinson and Shauna Ringel presented to the Rexburg City
Planning & Zoning Coordinator a Request for a change in the Comprehensive Plan Map (Refer to
the Proposed City of Rexburg Land Use Amendments 07 00499 Area #1).
2. On November 1, 2007, Triad Development Group, LLC presented to the Rexburg Planning &
Zoning Coordinator a Request for a change in the Comprehensive Plan Map (Refer to the Proposed
City of Rexburg Land Use Amendments 07 00499 Area #2).
3. On November 1, 2007, Joshua Garner presented to the Rexburg Planning & Zoning Coordinator a
Request and Application for a change in the Comprehensive Plan Map (Refer to the Proposed City
of Rexburg Land Use Amendments 07 00499 Area #3).
4. On November 2, 2007, Hemming Properties Management, LLC presented to the Rexburg Planning
& Zoning Coordinator a Request and Application for a change in the Comprehensive Plan Map
(Refer to the Proposed City of Rexburg Land Use Amendments 07 00499 Area #4).
5. On November 15, 2007, the City Clerk sent the Notice of Public Hearing to be published in the
local newspaper for November 20, 2007 and December 01, 2007. A notice was posted on the
properties on November 29, 2007.
On December 6, 2007, the four areas in question were presented to the Rexburg Planning & Zoning
Commission.
Area #1
Ted Hill motioned to recommend to City Council to approve the Comprehensive Plan Map
Amendment from Low - Moderate Residential to Commercial on the property south of Highway 33,
and to deny the Comprehensive Plan Map Amendment for the property on the north side of
Highway 33. I would rather see more property owners in that area come in together with a proposal.
Dan Hanna seconded the motion.
Those in favor:
Winston Dyer
Charles Andersen
Thaine Robinson
Ted Hill
Dan Hanna
Josh Garner
Mary Ann Mounts
Those opposed:
Randall Porter
David Stein
Mary Haley
Motion carried.
0
Area #2
17_�
David Stein motioned to recommend to City Council to deny the proposed Comprehensive Plan
Map Amendment for area #2 because the current transportation infrastructure would not support
higher density in that area, and because the proposed use is inconsistent with the wording in the
Comprehensive Plan that multi - family housing does not make a good highway buffer. Charles
Andersen seconded the motion.
None opposed. Motion carried.
Area #3
Mary Ann Mounts motioned to recommend to City Council to approve the Comprehensive Plan
Map Amendment for area #3 from Moderate -High Residential Density to Commercial. Dan
Hanna seconded the motion.
None opposed. Motion carried.
Area #4
Charles Andersen motioned to recommend to City Council to approve the Comprehensive Plan
Map Amendment for area #4 from Commercial and Moderate -High Residential Density to Mixed
Use. Dan Hanna seconded the motion.
None opposed. Motion carried.
2
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NOTICE OF PUBLIC HEARING
TO AMEND THE COMPREHENSIVE PLAN MAP
FOR THE CITY OF REXBURG
NOTICE IS HEREBY GIVEN that a Public Hearing will be held December 6, 2007,
at 7:20 p.m. in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho,
before the Rexburg Planning and Zoning Commission of the City of Rexburg, Madison County,
Idaho, to consider amending the current Comprehensive Plan Map as shown on the attached map.
The proposed Map changes are located inside the City of Rexburg and in the Impact Area for the
City of Rexburg. The areas for the proposed changes are described below including the associated
legal descriptions for each area.
2007 Proposed Land Use Changes:
Area 1
(Located in the Impact Area for the City of Rexburg)
It is proposed that the following tract of land currently designated as "Low- Moderate Residential" as
shown on the City of Rexburg Preferred Land Use Map be changed to "Commercial', said property
more particularly described as follows:
Commencing at a point that is South 89 "54' West 1150.25 feet from the Southeast corner of Section
23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence
North 415 feet; thence West 210 feet; thence North 53.6 feet; thence West 100 feet; thence North
533 feet, more or less to a pasture fence; thence East along said fence 430 feet; thence South 1000
feet, more or less to the South line of said Section 23; thence West 120 feet to the point of
beginning. AND
Beginning at the Northeast corner of Section 26, Township 6 North, Range 39 East, Boise Meridian,
thence West along the north boundary line of said section 1612 feet; thence South 728.5 feet; thence
East 1612 feet; thence North along the East boundary line of said section 728.5 feet to the point of
beginning, containing 26.96 acres, more or less.
Area 2:
(Located in the City of Rexburg)
It is proposed that the following tract of land currently designated as "Low- Moderate Residential" as
shown on the City of Rexburg Preferred Land Use Map be changed to "Moderate -High Residential
Density ", said property more particularly described as follows:
The South Half of the South Half of the Northwest Quarter of Section 25, Township 6 North,
Range 39 East, Boise Meridian, Madison County Idaho. Less: The South Half of the South Half of
the Northwest Quarter lying East of U.S. Highway No. 191 and 20 Project F647(41) OF Section 25,
Township and Range aforesaid, less highway right -of -way.
Area 3:
(Located in the City of Rexburg)
It is proposed that the following tract of land currently designated as "Moderate -High Residential
Density" as shown on the City of Rexburg Preferred Land Use Map be changed to "Commercial ",
9 •
said property more particularly described as follows:
Tract 1: Commencing at a point 98 feet West of the Southeast corner of Block 8 of the Parker
Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and
running thence North 99 feet; thence West 34 feet; thence South 99 feet; thence East 34 feet to the
point of beginning.
Tract 2: Commencing at a point 132 feet West of the Southeast Corner of Lot 5, Block 8, of Parker
Addition to the City of Rexburg, in Madison County, Idaho, as per the recorded plat thereof, and
running thence West 70 feet; thence North 125 feet; thence North 45 East 28.28 feet; thence East
50 feet; thence South 145 feet to the point of beginning.
Tract 3: Commencing at a point that is West 202.00 feet from the Southeast corner of Block 8 of
Parker Addition to the City of Rexburg, in Madison County, Idaho as per recorded plat thereof, and
running thence West 15 feet; thence North 115.0 feet to a point on a curve with a radius of 50.0
feet; thence Northeasterly around said curve to the right a distance of 78.54 feet; thence East 35.0
feet; thence South 20.0 feet; thence West 50.0 feet; thence South 45 West 28.28 feet; thence South
125.0 feet to the point of beginning.
Area 4:
(Located in the City of Rexburg)
It is proposed that the following tract of land currently designated as "Commercial' and "Moderate -
High Residential Density" as shown on the City of Rexburg Preferred Land Use Map be changed to
"Mixed- Use ", said property more particularly described as follows:
Parcel 1:
All of Lot 2 and 3 of Block 47 of the Original Rexburg Townsite, Madison County, Idaho, as per the
recorded plat thereof.
And
All of Lot 1 of Block 1 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as
per the recorded plat thereof.
Parcel 2
Tract 1: Commencing at a point 13 1/3 rods West of the Southeast corner of Lot 4 in Block 40, City
of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 10
rods; thence West 53 feet; thence South 10 rods; thence East 53 feet to the point of beginning.
Tract 2: Commencing 10 rods west of the Southeast corner of Lot 4, Block 40 of the Original
Rexburg Townsite, as per the recorded plat thereof, and running thence West 3 1/3 rods; thence
North 10 rods; thence East 3 1/3 rods; thence South 10 rods to the point of beginning.
Parcel 3
Commencing at the Northwest corner of Lot 1, Block 8 of the South End Addition to the City of
Rexburg, as per the recorded plat thereof, and running thence South 65 feet, thence East 99 feet,
thence North 65 feet, thence West 99 feet to the point of beginning.
Parcel 4
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Commencing at a point 165 feet South of the Northeast corner of Lot 4, Block 47 of the Original
Rexburg Townsite, in the City of Rexburg, in Madison County, State of Idaho, as per the recorded
plat thereof, and running thence South 3 1/3 rods; thence West 10 rods; thence North 3 1/3 rods;
thence East 10 rods to the point of beginning.
Parcel 5
Commencing at a point 33 feet east of the Northwest Corner of Lot 1, Block 47 of the Original
Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and
running thence South 165 feet; thence East 66 feet; thence North 165 feet; thence West 66 feet to
the point of beginning.
Parcel 6
Commencing 82 1 /2 feet west of the NE corner of Lot 1, Block 47 of the Original Rexburg
Townsite, Madison County, Idaho, and running thence South 99 feet; thence West 49 % feet; thence
South 66 feet; thence West 33 feet; thence North 165 feet; thence East 82 1 /2 feet to the point of
beginning.
Parcel 7
Commencing at a point 165 feet west of the Northeast corner of Lot 1, in Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence
West 2.5 rods; thence South 10 rods; thence East 2.5 rods; thence North 10 rods to the Point of
Beginning.
Parcel 8:
Tract 1: Commencing at a point that is 6 rods east of the NW corner of Lot 1, Block 8, Southend
Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and
running thence East 4 rods; thence South 53 feet; thence West 4 rods; thence North 53 feet to the
point of beginning.
Tract 2: Beginning at a point that is 6 rods East of the NW corner of Lot 1, Block 8, Southend
Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof and
running thence East 4 rods; thence South 53 feet to the true point of beginning; thence South 46
feet; thence West 4 rods; thence North 46 feet; thence East 4 rods to the point of beginning.
Tract 3: A 24 foot easement for ingress and egress more particularly described in that certain Cross
Access, Ingress Egress Easement recorded April 1, 2005, as Instrument No. 318691, Madison
County, Idaho.
Parcel 9
Tract 1: A parcel of land situated in Madison County, Idaho, Township 6 North, Range 40 East,
Boise Meridian, Section 30, more particularly described as follows: Beginning at the Northwest
corner of Block 8 of the Southend Addition to the City of Rexburg, thence North 891144'58" East
for a distance of 165.00 feet to the true point of beginning; thence North 890 44'58" East for a
distance of 82.50 feet; thence South 00❑ 15'02" East for a distance of 99.00 feet; thence South
89❑ 44'58" West for a distance of 82.50 feet; thence North 00❑ 15'02" West for a distance of 99.00
feet to the true point of beginning-
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Tract 2: A 24 feet easement for ingress and egress more particularly described in that certain Cross
Access, Ingress Egress Easement recorded April 1, 2005, as Instrument No. 318691, Madison
County, Idaho.
Parcel 10
Tract 1: Commencing at the Southwest corner of Lot 4 in Block 40 of the Original Rexburg
Townsite in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and
running thence East 57 feet; thence North 148.5 feet; thence West 57 feet; thence South 148.5 feet
to the point of beginning.
Tract 2: Commencing 148.5 feet north of the Southwest corner of Lot 4, Block 40 of the Original
Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence East 57 feet; thence North 16.5 feet; thence West 57 feet; thence South 16.5 feet
to the point of beginning.
Parcel 11
Tract 1: Commencing at a point 115 feet South of the Northwest Corner of Lot 1, Block 8 of the
South End Addition to the City of Rexburg as per the recorded plat thereof and running thence
South 50 feet; thence East 99 feet; thence North 50 feet; thence West 99 feet to the point of
beginning.
Tract 2: Commencing at a point 65 feet South of the Northwest Corner of Lot 1, Block 8 of the
South End Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and running thence South 50 feet; thence West 99 feet; thence North 50 feet; thence West
99 feet to the point of beginning.
Parcel 12:
Tract 1: Commencing at the Northwest corner of Lot 1 in Block 54 of the Original Rexburg
Townsite in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and
running thence East 93.5 feet; thence South 156.75 feet; thence West 93.5 feet; thence North 67.75
feet; thence West 11 feet; thence North 89 feet; thence East 11 feet to the point of beginning. Same
being more particularly described as the West 93.5 feet of the North 156.75 feet of said Lot 1 in
Block 54, and the East 11 feet of the North 89 feet of Lot 2 '/z of Block 8 of the South End
Addition to the said City of Rexburg.
Tract 2: Commencing at a point 10 rods West of the Northeast corner of Lot 1, Block 54 in the City
of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence South 9 1 /2
rods; thence West 3 1/3 rods, thence North 9 '/z rods; thence East 3 1/3 rods to the place of
beginning.
Parcel 13
Commencing 12.5 rods West of the NE corner of Lot 1, Block 47 of the Original Rexburg
Townsite, Madison County, Idaho, as shown on the recorded plat thereof; thence West 2.5 rods;
thence South 10 rods; thence East 2.5 rods; thence North 10 rods to the point of beginning.
Parcel 14
Commencing 272.25 feet east of the Southwest corner of Lot 3 in Block 40 of the Original Rexburg
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Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence North 165
feet; thence East 57.75 feet; thence South 165 feet; thence West 57.75 feet to the point of beginning.
Parcel 15
Commencing at the Northeast corner of Lot 1, Block 8 of the South End Addition to the City of
Rexburg, in Madison County, Idaho, as per the recorded plat thereof, and running thence West 5
rods; thence South 10 rods; thence East 5 rods; thence North one -half rod; thence East 1 rod;
thence North 67.75 feet; thence West 11 feet; thence North 89 feet; thence West 5.5 feet to the
point of beginning.
Parcel 16
Commencing at a point of 87.5 feet West of the SE corner of Lot 4, Block 40 of the Original
Townsite of Rexburg, Madison County, Idaho, as shown on the recorded plat thereof and running
thence West 77.5 feet; thence north 82.5 feet; thence East 77.5 feet; thence South 82.5 feet to the
point of beginning.
Parcel 17:
Tract 1: Commencing 55 feet South of the Northeast corner of Lot 4, Block 47 of the Original
Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, and running thence South 55
feet; thence West 100 feet; thence North 55 feet; thence East 100 feet to the point of beginning.
Tract 2: Commencing at a point 165 feet north of the Southeast corner of Lot 4, Block 47 of the
Original Townsite in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
thence North 55 feet, thence West 165 feet, thence South 55 feet, thence East 165 feet to the point
of beginning.
Parcel 18:
Commencing at the Southwest corner of Lot 4 in Block 47 of the Original Rexburg Townsite, in the
City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East
148.5 feet; thence North 220 feet; thence East 65 feet; thence North 110 feet; thence West 65 feet;
thence North 165 feet; thence West 148.5 feet; thence North 165 feet; thence West 33 feet; thence
South 231 feet; thence East 16.5 feet; thence South 429 feet; thence East 16.5 feet to the point of
beginning.
SAID PARCELS DESCRIBE PROPERTY LOCATED IN PORTIONS OF BLOCK 47 OF
ORIGINAL REXBURG TOWNSITE AND PORTIONS OF BLOCK 1 IN THE SOUTHEND
ADDITION.
It is proposed to review the current Comprehensive Plan Map and consider making
amendments to the Map as needed to reflect the community's vision for the growth of the
community in the next 10 plus years. As the community is experiencing substantial growth at this
time, the community's vision for the growth of the City needs to be reviewed.
At such Public Hearing the Rexburg Planning and Zoning Commission will hear all persons
and all objections and recommendations relative to the Comprehensive Plan Map revisions that will
be proposed.
5
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The Planning and Zoning Commission encourages all City residents to participate in the
process to amend the Comprehensive Plan Map. Citizen's comments may be submitted in writing
or by email during the fact finding period to the City Clerk at City Hall located at 12 North Center
Street, Rexburg, Idaho, prior to 4:00 p.m. on December 5th, 2007. All interested persons are invited
to offer their views and vision for the City of Rexburg for the next 10 plus years of development.
This notice is given pursuant to the provisions of Section 67 -6508, 67 -6509 and 67 -6511
Idaho Code, and all amendments thereof.
if November, 2007.
;0, 2007
December 01, 2007
CITY OF REXBURG
Blair D. Kay, City Clerk
on
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-&YEA 2
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City Council Agenda
January 23, 2008
12 North Center blairk @rexburg.org Phone: 208.359.3020 x313
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
ho4,yxstrq�l� CITY OF
c RE
America's F ly Cornmuniiy
Mayor Shawn Larsen
Council Members:
Donna Benfield — Council President
Farrell Young Christopher Mann
Rex Erickson Randy Schwendiman
Bart Stevens
L 5:00 P.M. Work Meeting with Joint Planners (Cooper, Roberts, Simonsen
Associates 700 North 200 West, SLC, UT)
2. 7:00 P.M. City Hall — Pledge to the Flag
3. Roll Call.of Council Members
4. Consent Calendar The consent calendar includes items which require formal
City Council action, however they are typically routine or not of great controversy.
. Individual Council members may ask that any specific item be removed from
the consent calendar for discussion in greater detail. Explanatory information is
included in the City Council's agenda packet regarding these items.
A. Minutes from January 09, 2008 meeting
B. Approve the City of Rexburg Bills
5
6.
7.
Public Comment on issues not scheduled on the agenda (limit 3 minutes)
Presentations:
Committee Liaiso n_AssiLynments for 2007:
A. Council
Member Chris Mann
B. Council
Member Rex Erickson
C. Council
Member Bart Stevens
D. Council
Member Randy Schwe
E. Council
Member Richard Woo(
F. Council
Member Adam Stout
.3
Public Hearings
A. 7:20 P.M. amending the current Comprehensive Plan Map - (Preferred Land Use) Map
n December 06, 2007 the Planning and Zoning Commission recommended to City Council a land use
ignation change on the following proposals:
• •
•
Mayor Shawn Larson
City of Rexburg
P.O. Box 280
Rexburg, Idaho 83440
Honorable Mayor (Plus City Council)
Congradulations on your election for another term as mayor.
We all know the next four years will be very trying for
Rexburg. We pray you and "Well pull it through for the
better for all.
My first thought for the city is street lighting. Rexburg
has the poorest street lights than any city I know. My
porch light (a 40 Watt) makes more light in front of my
house than the street light and probably less money.
I know the city pays a big price for each light per month,
but it's really a big rip off. Candles would do better if
the wind dh't blow.
. A retired high officer of Utah Power said Rocky Mountain
Power doesn't care and then added: "The city doesn't either."
He said the city pays $12 to $25 a light per month. You
might as well turn them off and save the money.
The new lighting around Porter Park helps some there and
looks great but the park is still too dark for these young
BYUI girls to safety walk across at night.
Some area doesn't have any street lights ... for example: just
north of the Teton House on west 3rd ... a four way corner
with no lights closer than a block away. Apartment houses
are all over there. Need I say more? Just buy some expense
gas the city will pay for and go out and cruise around after
dark ... you will be surprised.
It's not safe to drive after dark, can't see the cross walk's
in case BYU students should use them. It's not safe for these
students to be out after dark.
The street lighting is a serious problem the city faces now
and in the future. Please forget one of your glorious projects
and look at some more practical ones.
11 -12 -07
Let's light up the city now and I'm not just talking about
Christmas. It seems everyone is talking about this city
• problem. Thanks for listening.
Yours for a
better city,
Mr. Bill Murray
331 Cul De Sac Dr
Rexburg, ID 83440
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City Council Meeting
January 09, 2008
12 North Center blairk @rexburg.org Phone: 208.359.3020 x313
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
o� Rex n t, +k
�Y r Q
CITY OF
REXBUR
America's Farnify Commim ty
Mayor Shawn Larsen
Council Members:
Christopher Mann — Council President
Adam Stout Richard Woodland
Rex Erickson Randy Schwendiman
Bart Stevens
January 09, 2008
;.City Staff:
Stephen Zollinger — City Attorney
Rictiaid Horner — Finance Officer
]olin 1 lar — Public Works Director
Val Clvxsterisen — Building Official
Gary Leq ss ; Planning & Zoning Administrator
Blair Kay = City Clerk
7:00 P.M. — Pledge to the Flag
Roll Call of Council Members
were present.
Consent Calendar The consent calendar includds items whtc}x;require formal City Council action,
however they are typiealy routine or not of great controversy Individual Council members may ask
that any specific item b e removed from the conSen#> Galen, for discussion in greater detail.
Nn
Explanatory inforrnatlon is included in the CC ouncil's agenda packet regarding these items.
x
A Minutes from December , 2 '07 meeting ,` ,
B f` Approve;the City of Rexburg Bills
CouneihlVlember Erickson moved to approve the consent calendar. Council Member Mann
seconded Fdhe her
all voted aye, none
,opposed. The motion carried.
on issues Ad scheduled on the agenda (limit 3 minutes) - None
Presentations: -
Mayor Larsen explained "the new City Council liaison assignments for the entire City Council. He
explained April Howard is the contact person at City Hall for help with meeting agenda scheduling,
contact info, etc.
Committee Liaison Assignments for 2007:
A. Council Member Chris Mann Museum Committee • Beautification Committee • Emergency Services Board
B. Council Member Rex Erickson Golf Board Planning e� Zoning • Rexburg Redevelopment Agency
C. Council Member Bart Stevens Airport Board • Romance Theatre Committee • MYAB • School Board
D. Council Member Randy Schwendiman Parks & Recreation • Traffic & Safety Committee
E. Council Member Richard Woodland Rexburg Arts Council • IBC Committee • Tabernacle Civic Center
• 1
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F. Council Member Adam Stout Legacy Flight Museum • Trails of Madison County
Mayor Larsen reviewed the opportunity for City Council members to attend to the duties of a
liaison to the City Committees. City Council members are not voting members of the committees.
Public Hearings - None
New Business:
A. Installation of the Mayor and Council Members (Certificates of Election)
Mayor Larsen was sworn into office by City Clerk Blair Kay and he was presented with his
Certificate of Election. City Council members Rex Ericks,on-Adam Stout and Richard
Woodland were sworn into office by Mayor Larsen. Each "'new City Council member was presented
with their Certificate of Election.
B. Elect President of the Council
Mayor Larsen turned time to the City Couh'6 for discussing the appointment of a new City
Council President.
Council Member Erickson move
President; Council Member Steven;
City Council President takes the M:
aye, none opposed. The motion c
for their vote of confidence,in him.
Public Works Di
Congestion and trav
Unacceptable accidf
Roadway eoris;,truct
Social, economic, e
Maintenance cosh'.
Decreasing budgets.
What is Access ManaL-ement?
impacts.
• Managing each point of access.
• Driveways and intersections.
• Goal - is to limit roadway conflict.
• Smoother traffic flow.
• Better travel times.
appoint City Couhcil"Member Chris Mann as City Council
?nded the motrati,Discussion: Mayor Larsen explained the
place at meet148 ` the Mayor can't make it. All voted
d. City Council President Mann thanked the City Council
& loss of life.
Point presentation discussing an Access Control
Iles of road access options on the overhead
•
•
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• Less delays at traffic signals.
• Less stressful drive.
• Fewer accidents.
•
Access Management Strategies Support:
• Congestion Management.
• Improves roadway performance.
• Asset Management.
• Reduces Right of way costs, impacts.
• Safety Management.
• Reduces crashes.
• Mobility Preservation.
• Saves energy.
idways are the Most Dangerous Pi
• In the US, over 830 people were
• 17,500 Crashes each day.
• 7,400 Injuries each day
• Over $630 million dollar'rri'las
• The leading cause of death 'of cfY
:rsection Crash Statistics (national'1
is
ies on the Faee�hf the Earth
week in 2005.
daily. '
en, 4 15- (45_deaths per week)
• 27.3 % oi' all ireporteducashes (m rit
• Almost 25 °/o of all traffIc� fatahties.r4
• Almost 50% bf ail traffi841niuries.
umber of acc p poir fs p mile incr'e�k so does the frequency of total highway collisions.
rate also increas ss = 4 %).
m$
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c
"o
a
3
v
0
2
0
m
¢ 1
X
m
V
n
0 10 20 30 40 5°
Access Points per Mite
Souccc_E.6.ated ft—V.d .. S.rcet.
Figure 1 S. 6`otnnosite accident rate indices.
60
• 3
•
•
Access Related crashes, occurrintl at driveways and intersections represent over 55 percent •
of all traffic crashes. Over 40% in rural; 65% in urban areas.
Access Permits
• Issuing a permit is a decision to diminish public safety and roadway mobility. It is one of the
few daily agency decisions that is counter to most of the goals and objectives of a public
agency.
•
4 •
Goals of Access Management
• Keep private access off arterials.
• •
• Goals of Access Management
• Separate conflict points.
• Separate Turning Vehicles from through traffic.
.en access principles are applied to a specific Corridor
• Crashes reduced by 30 to 60 percent
• Capacity increased by 29 0 percent.
Managing Co ng estion, Capacity and Mobility is about;
• Managing location and design o access td land develdpment.
• Uniform mtersectzan spacing
• PARTNERSHIPS with land use auihor - 9 as `d'TO� priority.
• Ounce of prention save "s a pound'' "oure.
Sometimes access related safetiy._proble"s :;are more subtle. Increased exposure, more conflict
pot n .a
ts =`er left movern &i�t duetomore lanes TFe old style major intersection with a gas station
on each corner had a high conflict1 equency and a relatively high crash frequency. You can
ty �
expect fhe Brash history to double or triple in this intersection area due to the close proximity of
driveways tot intersectiozland.the vehicle paths of all the exiting and entering customers from
the many driveays.
ality Control oir" ter is all about local street networks
• Having a hierarchy`
• Major to local for circulation.
• Avoiding Strip commercial and residential frontage with direct arterial driveways.
H_ ow planning contributes to crash rates
• Local street layouts.
• Subdivision design.
• Shopping center design.
• All determine arterial conflict frequency.
• • "The role of planners in roadway safety" or "how planners kill ".
5
0 •
Signalized Intersection Spacing •
Traffic signals produce the greatest amount of conflict, delay and workload.
Relative crash frequency
• 1.4 per year at urban un- signalized intersections.
• 6.2 per year at urban signalized intersections.
Why Signal Spacing is Important
• Short spacing reduces ability to maintain speed and capacity.
• More signals per mile means more collisions per mile.
• Short spacing may result in adjacent signal queues mipacting each other.
Have a Traffic Signal Plan
• �d! tfei
Signals reduce capacity, mobility and increase'crashes `yet they are a necessity.
• Have a plan then minimizes their need achieves good spacing.
• At state level — adopt signal spacing stardards.
Regional Economv and Growth is
Good jobs, good paychecks
Local industries that export; <
s
Freight mobility and reliabil
• Labor mobility (access to jobs )A
• Retail sales axe a product of employment not driveways: �
s o-�
st Access Programs have fwo maior elements:
• Access Stand ,and ACGess Categories
• The true heart of an.access`mariagemenf program is the access category system,
i
xfi� x
't
1 f�
ess Classification='SyNtem
• Establishes an accee ecision hierarchy that is aligned with the adopted transportation plan.
• Ensuie'that each accd decision is consistent with meeting the functional purpose of the roadway.
sky n
• Access category is t e nctional guidance on day to day access decisions impacting the
Public Works Director John Millar said most cities don't have a control access plan. He handed
out an excerpt from Rexburg's traffic master plan. He explained that he will be coming back with
more information about a control access plan; however, this is a document for the City Council to
go review. He also handed out a street map with roads highlighted that he feels need some kind of
access management plan. He asked the City Council to look at this handout and give him some
feedback. He asked if the City Council would like to implement an access control management plan.
Council Member Erickson mentioned 2 East is not a good example of access control due to the
lack of a frontage road to connect businesses without using 2 East.
6 •
Mayor Larsen agreed the transportation mobility is an economic decision. Easy access helps drive
• economic decisions for business and consumers.
Public Works Director Millar reviewed cities without access plans. He indicated few cities have an
access control policy in place. Pocatello does have a good access control plan.
Public Works Director Millar reviewed the City /County Transportation Plan and he provided a
written handout to the City Council.
Public Works Director Millar asked for guidance on the proposal to implement an Access Control
Management Plan for Rexburg.
Council Member Schwendiman said he is very much in favor of an access management plan. He
would like Public Works Director Millar to study the optlgns and tell them what kind of plan he feels
would be appropriate for Rexburg. Council Member Schwendiman said he wants to protect
University Blvd and recapture some of 2 ° East
Mayor Larsen said he would like Public W°drks 'Director John Millar'fdl�do additional analysis of the
street system for an Access Control Management Plan to present to the City Council.
Council Member Stevens asked about changes for curbing on Rural Residential Developments.
He would like ribbon curbing to b e eqq iced in RR zones i' Public Works Director John Millar said
they will be working on this and coiYkto tli City Council-with a presentation for these changes.
D. Resolution 2008.01: A resolution authofiztrlg the payment of regularly occurring or
Pre - approved invoicesF
Finance Officer it preseiiiid the new resolution to allow payment of regular expenses like
payroll if a City Council meeting is canceled. A`& resolution formalizes current policy for paying
regular expenses: which the Ci'y Council approves after the expense is paid. He explained this
resolu ted by an AIC meetTn
OL UTION NO. 2008- 01
A RESOLUTION AUTTTHORIONG THE PAYMENT OF REGULARLY OCCURING OR
PRE - APPROVED INVOICES "O THE CITY OF RE, BURG UPON RATIFICATION OF ONE (1)
ELECTED OFFICIAL AND OY (1) EMPLOYEE WITHIN THE CITY TREASURER'S OFFICE.
WHEREAS, the Crty °of Rexburg is authorized and required to make payment of
numerous invoices from ti e to time; and
WHEREAS, the payment of invoices by the City of Rexburg generally accomplished
during the regularly scheduled meetings of the Rexburg City Council; and
WHEREAS, from time to time, the need arises to have invoices paid prior to the City
Council convening a meeting to approve payment; and
WHEREAS, payment of certain invoices in a timely manner results in a savings or is
expedient in maintaining good business relationships;
• NOW THEREFORE, be it resolved by the Mayor and the Council of the City of Rexburg,
7
i •
that the City of Rexburg hereby authorizes payment of invoices upon the following conditions: •
1. Those invoices approved by a quorum of the Rexburg City Council at a meeting of the
Council, as has traditionally been the practice.
2. Those invoices that are deemed to be regularly occurring and have been considered and
approved as part of the annual budget process, with acknowledgement of at least one (1)
elected official and one (1) employee of the Rexburg Treasurer's Office.
3. Those invoices that are not regularly occurring, but have been approved as part of the
regular annual budgeting process with the acknowledgement of at least one (1) elected official,
one (1) employee of the Rexburg Treasurer's Office and the.department head for which the item
was budgeted.
PASSED BY THE CITY COUNCIL AND APPROVED_BY THE, MAYOR THIS DAY OF
January 2008.
DATED this day of 2008
CITY OF REXBURG
Madison County, Idaho
T:
B y • Shawn Larsen.' Blare D Ffa s
Mayor City Clerk
Staff Reports:
A. Public Works ''repo t on Projects John Millar
Public Works Director Millar reviewed the new Gravity Belt Thickener at the Waste Water
Treatment Plant. The Plant stores only 1/8 of the material now compared to the old method of
handling bio- solids. The plant is running better than anticipated.
Street projects discussed for 2008
There is a road repair budget of $800,000 to $900,000.
8 •
C1
The projects that the Council would like to do this year include:
• Pioneer Road:
$650,000
Storm Drain outfall line:
$209,500
Roundabout drainage:
$105,000
4` East at 5 d ' South:
$99,500
Valley River Drive by Kmart:
$56
$1,120,500
11
Pioneer Road connection and reconstruction was discussed with a signalized intersection; with some
of the expense covered by impact fees.
The City Council wanted two other line items added to the hst for review:
• East Main Street
• Main Street Modification
•
Public Works Director Millar explained the N
the budget.
Mayor Larsen asked the City Council for some
Council Member Mann asked if any mare infc
University Blvd. Not since the last es`drnAt ;,"6f
Council Member Schwendiman said he feels
Council Mem
Renewal funds
Urban Renewa
Street improvements are a separate line item in
e street construction priorities.
matron ,has been given on the overruns on
0,000 over the budget.
oneer Road needs to be a priority.
;Drive imprQVement could be repaired with Urban
rict; Mayor Larsen will bring this up at the next
light at 2nd West and 3rd South is up and
Public W
2007. The
t asked if the V
in an Urban Re:
Director
ler was ac
Council Membe
Council Member
a $60,000 budget adjustment for a loader budgeted in
in 2008.
i moved to approve the $60,000 budget adjustment for a loader;
the motion; all voted aye, none opposed. The motion carried.
Public Works Director Millar asked the City Council to declare a mobile home on airport property
surplus for a sale. City Attorney Stephen Zollinger said he thinks the City Council should declare
all structures on airport property surplus.
Council Member Schwendiman moved to approve all structures on airport property surplus;
Council Member Woodland seconded the motion; all voted aye, none opposed.
The motion carried.
• 9
• •
Calendared Bills a nd Tabled Items
A. BILL Introductions: - NONE •
B. First Reading: Those items which are being introduced for first reading. - NONE
C. Second Reading: Those items which have been first read. - NONE
D. Third Reading: Those items which have been second read. - NONE
Tabled Items Those items which have been the subject of an affirmative vote to a motion
to table: - NONE
Old Business - None
C
City Council. The manual includes City
Citizew'A" dvisory Boards `&,,,,,Committees
k
Committee
Council
Staff
Chair
Liaison
Liaison
Airport Board Qoint
Warren
City /County)
Smith
Bart Stevens
John Millar
Margaret
Richard
Jack
Rexburg Arts Council
Arnold
Woodland
Bowman
Golf Board Qoint
Richard
City /County)
Dan Kettle
Rex Erickson
Horner
Richard
Val
I.B.C. Committee
Ted Hill
Woodland
Christensen
Legacy Flight Museum Qoint
Richard
City /County)
Terry Bagley
Adam Stout
Horner
Mayor's Youth Advisory
Jordon
Amanda
Board
Bockenek
Bart Stevens
Saurey
Jack
Museum Committee
Chris Fox
Chris Mann
Bowman
•
10
U
Financial
Ern�rg-ency Service`s �, �' Ghief of Emergency Services
City Attorney
Police Chief of Police
T"_..
6 a ;s
Parks and Recreatlan ; Recreation Director
4Y .
Public Works:_ Public Works Director
* The GIS Coordinator is appointed jointly by the city and county.
2.03.020 Oaths of office
*Note to 52.07.020: Rexburg's Official Oath is adapted from Idaho Code X59 -401.
Persons Required taking Oath of Office. Each of the following officers and employees in the
Administrative Service shall be required to take an oath of office before entering upon the discharge
of his duties, which oath shall be subscribed by the person taking it and shall be filed and preserved
• in the office of the City Clerk.
11
Parks & Recreation
Randy
Jack
• Committee
Chris Moore
Schwendiman
Bowman
Planning & Zoning
Winston
Gary
Commission
Dyer
Rex Erickson
Likeness
Rexburg Beautification
Glen
Greg
Committee
Crawford
Chris Mann
McInnes
RonaLee
Jack
Romance Theater Committee
Flansburg
Bart Stevens
Bowman
Tabernacle Civic Center
Martel
Richard
Jack
Committee
Grover
Woodland
Bowman
Lynn
Randy
Traffic Safety Committee
Archibald
Schwendiman
John Millar
Trails of Madison County
Committee
Keland
Jack
(Joint City /County)
Draney
Adam Stout
Bowman
Mayor Larsen would like a department
head to report on department issues at least
once a year to
the City Council.
iQ
CHAPTER 2.03 APPOINTIVE, ,OFFICERS
2.03.010 Table of departments anti heads
The following officers are appointe�,b'y tkie and ra`ified
by the City Council:
U
Financial
Ern�rg-ency Service`s �, �' Ghief of Emergency Services
City Attorney
Police Chief of Police
T"_..
6 a ;s
Parks and Recreatlan ; Recreation Director
4Y .
Public Works:_ Public Works Director
* The GIS Coordinator is appointed jointly by the city and county.
2.03.020 Oaths of office
*Note to 52.07.020: Rexburg's Official Oath is adapted from Idaho Code X59 -401.
Persons Required taking Oath of Office. Each of the following officers and employees in the
Administrative Service shall be required to take an oath of office before entering upon the discharge
of his duties, which oath shall be subscribed by the person taking it and shall be filed and preserved
• in the office of the City Clerk.
11
Officers: The mayor, city council, city attorney and each appointed officer. •
Policemen: Every member of the Department of Police (including private, auxiliary, special,
temporary or substitute policemen, which the City might find necessary to appoint).
Official Oath: `7, (insert name do solemnly swear (or a arm that I will support the Constitution of the United
States, and the State of Idaho, and the Laws and Ordinances of the City of Rexburg, and that I will to the best of my
ability, faithfully discharge the duties of the office of (insert o ace in the city of Rexburg, Madison County, Idaho,
during my continuance therein, so hep me God. "
( Signature of person taking oath)
Subscribed and sworn to before me this (date)
( Signature of C�U Clerk
Mayor Larsen talked about the recycling program. DJBarney is working on a plan to make the
program profitable. People are putting plastic in: the, n''ewspaper bhas. Consumers must follow the
guidelines posted on the recycling bins. Council Member Erickson asked for a press release in the
local paper to educate the public so the program ' can be maintained, othe' twise, the service may not
be affordable for the vendor.
Council Member Schwendiman ri oved to go into executive session pursuarif to State Statute
67 -2345 for legal advice; Council Me b "out seconde'ci�tlie motion; Roll call vote:
Chris Mann NON1✓
Randy Schw6iichman
Bart Stevens
Adam Stout
All voted "aye. The motion
Executive 5es'son:
Executive Sess 6-.. ended:
Adjournment-_
Shawn Larsen
Mayor
Blair D. Kay
City Clerk
12 •
0
lo
City Council ��44u��r CITY O F
January 23, 2008 �5
REXBURG
12 North Center blairk@rexburg.org Phone: 208.359.3020 x313 I", Arrurica'sFiamiiyCommunity
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
•
•
Date: January 23, 2008.
City Council Item: 8 -A
Item: Requests to amend four areas of the Comprehensive Plan
Initiated by: Applicants
Financial Impact: N/A Budgeted: N/A
Funding Source: N/A
A. Action Proposed: Approve or deny the requested Comprehensive Plan changes
Staff Analysis:
Gary Leikness pointed out area #1 on the map. The request for area #1 is to go from Low- Moderate
Residential Density to Commercial designation on the Comprehensive Plan Map. The area north of
Highway 33 is in the 100 year flood plain. 2/3 of the parcel south of Highway 33 is already designated
commercial on the Comprehensive Plan Map.
Area 1: On December 06, 2007 the Planning and Zoning Commission recommended to City
Council a land use designation change on (Area 1) for the property south of Highway 33 from Low -
Moderate Residential to Commercial, and to deny the proposed Comprehensive Plan Map
Amendment for the property on the north side of Highway 33 by a split vote of seven to three.
Gary Leikness i mess pointed out the property on the map. This proposal is only for the eastern 5 acres of
the property along Highway 20, or 384 feet from the right -of -way. The request is to change from Low -
Moderate Residential Density to Moderate -High Residential Density. It is currently zoned Rural
Residential 2 (RR2). The canal runs along the south line of the property.
Area 2: On December 06, 2007 the Planning and Zoning Commission recommended to City
Council to deny the land use designation change on (Area 2) by a unanimous decision.
Gary Leikness pointed area #3 out on the map. This proposal is 0.39 acres. The property is currently
zoned High Density Residential. The Comprehensive Plan supports multi - family through this entire
area, not commercial. What is being requested is a Comprehensive Plan Map Amendment from
Moderate-High Residential Density to Commercial. This has been a long road. Craigo's moved to 2"
East a while ago. The next person to occupy this building wanted to do a use different than a
restaurant. The building was grandfathered in not as generic commercial, but as a restaurant. It was
considered a previously existing non - conforming use. With a change of use, we were not able to
approve it. The applicant is now requesting a change in the Comprehensive Plan to commercial, to
basically pave the way for a zone change request.
LI
0
Area 3: On December 06, 2007 the Planning and Zoning Commission recommend to City
Council to approve the Comprehensive Plan Map Amendment for (Area 3) from Moderate -High
Residential Density to Commercial.
Gary Leikness pointed area #4 out on the map. The request is to change from Moderate -High
Residential Density to Mixed Use designation on the Comprehensive Plan Map. The applicants have
control of most of the parcels in the proposal. He pointed out these parcels. Staff determined that
other parcels in the area should be requested also, so the other areas are staff - initiated.
Area 4: On December 06, 2007 the Planning and Zoning Commission recommend to City
Council to approve the Comprehensive Plan Map Amendment for (Area 4) from Commercial and
Moderate -High Residential Density to Mixed Use.
•
•
2
Planning and zoning Department
STAFF REPORT
12 North Center
Rexburg, ID 83440
garyl @rexburg.org Phone: 208.359.3020 x314
www.rexburg.org Fax: 208.359.3024
SUBJECT:
APPLICANT:
PROPERTY OWNER:
PURPOSE:
PROPERTY LOCATION:
OF 1tER8 LRC
N� 9
v
Comprehensive Plan Map Amendments, file # 07 00499
Various, See Packet Materials
Same
Requests to amend the comprehensive plan map.
Various, see packet material
CITY OF
REX
Americas Family Community
AUTHORITY § 6.14 "The Commission may recommend (to the City Council) that the
amendment be granted as requested, that it be modified, or that it be denied" (Parentheses added)
• #1
)w- Moderate Residential to Commercial (two areas)
North side of Highway 33
Items to consider
1) The area may be located within the boundaries of the 100 -year flood plain'.
2) The parcel is a "flag lot," meaning that the larger portion of the useable property is located at the rear of
the property, where the lot becomes larger in shape.
3) The parcel is surrounded by single - family residences. These residences do have a commercial
designation on the comprehensive plan map.
4) The distance from the parcel to the Main Street interchange is approximately 0.5 miles.
5) Area of subject property is approximately 6.4- acres.
South side of Highway 33
Items to consider
1) The distance from the parcel to the Main Street interchange is approximately 0.5 miles.
2) Area of subject property is approximately 24.6- acres.
Area #2
Low - Moderate Residential to Moderate -High Residential
ems to consider
1) The parcel is not contiguous to other areas designated for moderate -high density residential.
1 AE Elevation 4844, Flood Insurance Rate Map (FIRM), Map Number 16065CO020 D, Effective Date- June 3, 1991
File No. 07 00499 Page 1
0 •
2) The comprehensive plan does not suggest that multi- family residential is an appropriate use or "buffer"
between a highway and lower density residential_ If in fact the highway is deemed a noise nuisance,
placing higher density housing near the highway would result in bringing more people to a nuisance.
Single family residential with deeper lots that are landscaped well might be a more appropriate land use
for areas along the highway. The comprehensive plan encourages the location of higher density housing
to be located at intersections of arterial roads. Te intent of this policy is that it can be anticipated that in
the future these areas will be served by mass transit. In addition, this would limit the number of vehicles
traveling on lower residential density road networks.
3) All vehicular traffic generated by future development of this area will ultimately have to empty on to 12
West, and arterial road, as there is no functional street grid accessible to the development for dispersion
of traffic (alternate routes).
4) The property is currently zoned Rural Residential 2 (RR2), allowing residential lots with a minimum lot
size of %2 acre.
Area #3
Moderate -High Residential to Commercial
Items to Consider
1) The parcel is currently grandfathered as a restaurant, a neighborhood commercial use; no other
commercial uses are permitted unless a zone change is granted. The property is currently zoned High
Density Residential 1 (HDR1).
2) Immediate surrounding land uses include high density residential and another eating establishment.
3) North east corner of subject property is located approximately one -half mile from the S 12 West and
University Blvd intersection.
4) Area of the subject property is approximately 0.39 -acres
Area #4
Moderate -High Residential to Co�� mercial
Items to consider
1) The area currently has a mix of zoning categories that currently allow for residential in some areas and
commercial in others.
2) The designation of "mixed -use" will allow the applicant to apply for differing land uses, including the
use of the PRO Zone, found in Ordinance 926, which would allow for residential and commercial uses to
be mixed within in the same building. However, other zoning categories could be requested in the future
other than the PRO Zone.
3) The location of this proposal is consistent with the concept of "mixed -use" in that there are demands in
that area for multi - family residential/dormitory housing, and commercial land uses.
4) The property is located east of Porter Park.
5) Staff has initiated the request that several other lots adjacent to the lots applied for by designated as
mixed -use as well. Please compare the applicant's submittal with the public notice to see which areas
have been initiated by the applicant, and which have been initiated by City staff.
6) Total area of subject property is approximately 11.1- acres.
•
File No. 07 00499 Page 2
0
Area #1
is
is
r , Area
Comprehensive Plan Amendment Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
o� �r C1 T Y OF
y _
REURG
America's Family Cammunity
�SHS9
Submittal Requirements
Cr
Complete this application, provide all supporting documents, and submit to the Community Deve�opthen -Ac. G
Department. Map change requests will be processed in conjunction with all other requests at the
beginning of January following this submittal. The Commission may take action before this time in the
event the change is time sensitive or it has been at least 6 months since the last amendment date. Text
amendments may be processed on an ongoing basis and do not need to wait six months between
revisions. _ M VP 'p'�' t
Permit #:
Fee Required: Y
N
Amount:
__II
Name: k � �d'n f- rrc'C
Address: ll�' 10
��c�3�
,
,
ejCLU;
Phone: 3-51 -F
Mobile: 3S' l
— (P
G 15
• 1. Does the amendment request(s) concern a specific property? Yes„_ No
2. Is this amendment request for a change in land use designation? Yes � No _
Are you the owner or authorized agent of the property? Yes �', No
4. Provide a description or a map of the area that this application affects.
5. Provide a reference to the section(s) of the Comprehensive Plan that you propose to amend, including the
page — if applicable (i.e. , Comp Plan, Page xx, Line xx).
6. Provide propose amendatory language. [ Attach j separate she if necessary.
�'��P� '� �� "� �5 4 ' � f � v✓ ` 1 TU Tl`(... l.B s'4�+�1 (' a 11Q rJ �S �(F.c'✓1 N'12.ve.r !k ` � �d n
7. Explain the reason(s) for this amendment proposal. /
i trr c��M 1 cwt t_ C,-r_* 1"J I /� e .� NS C 00-I f - t-C14-
•
r
8. Please describe how your proposed amendment meets the following selection criteria. Use a separate
. sheet(s) if necessary:
a. Was this proposed amendment denied during a previous Comprehensive Plan review cycle:
Yes No _� . If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
R. 4r ,
c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan;
afore of Applicant ✓ 2s'��� Date �� Z 7
Property Owners Authorized Agent: If you are the property owner's agent, you are required to provide a
notarized letter from the property owner authorizing submittal of this application.
I hereby certify that I have read and examined this application and know the same to be true under
penalty of perjury by the laws of the State of Idaho and am authorized to make this application as the
agent of the property owner.
Signature of Agent:
Print Name:
Date:
Phone:
U
2
PLAMMAP
Lender /Client FIRST SECURITY BANK
Borrower RODNEY 6 PAMELA PARKINSON
Property Address 2208 WEST HIGHWAY 33, REXBURG, ID
ounfy MADISON
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Affidavit of legal Interest
City of Rexburg
72 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
o� R6x9vRC
� �7
� 0
CITY O F
REX
America's Family Community
State of Idaho
County of Madison
X"
Name
cit
Address
1:2�1
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 tth property described on the attached, and I grant my
permission to: ci i `� , % Air �1 -1-4 Lam.
. 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 o the application.
Dated this I =- day of A , 20 z
Sig. ture
Subscribed and sworn to before me the day and year first above written.
\ \ \0 f l I III
C' �0 Aq y '
OF •tO
Notary Public of Idaho
Residing at: �e.9�
My commission expires: '� ''-1-0
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Area #2
Comprehensive Plan Amendment Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
�1=1010
Area #2
CITY O F
REXBURG
OrAl
dm>mwi amily t';ammunigy
Submittal Requirements
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Complete this application provide all supporting documents and submit to the Community Dever pm&' f 1P"-v 5' > �.r
,.� fie �t y
Department. Map change requests will be processed in conjunction with all other requests at the
beginning of January following this submittal. The Commission may take action before this time in the
event the change is time sensitive or it has been at least 6 months since the last amendment date. Text
amendments may be processed on an ongoing basis and do not need to wait six months between
revisions.
Permit #:
Fee Required: Y N Amount:
d�
Name: Hollis Murri Triad Development Group, LLC Address: 3456E 17 Street, Ste 140, Idaho Falls, ID 83406
Phone:
Mobile: (208) 705 -6554
• 1. Does the amendment request(s) concern a specific property? Yes X No
2. Is this amendment request for a change in land use designation? Yes _X_ No
3. Are you the owner or authorized agent of the property? Yes _X_ No
4. Provide a description or a map of the area that this application affects.
See Attached Map
5. Provide a reference to the section(s) of the Comprehensive Plan that you propose to amend, including the
page — if applicable (i.e., Comp Plan, Page xx, Line xx).
Map amendment only Description The South Half South Half Northwest Quarter of Section 25, Township 6
North, Range 39 East Boise Meridian, Madison County Idaho Less: The South Half South Half Northwest
Quarter 1yiqg East of U.S. Highway No 191 and 20 Project F647L41) OF Section 25 Township and Range
aforesaid, less highway right-of-way (See Attached Maps)
6. Provide proposed amendatory language. Attach separate sheet(s) if necessary.
Map amendment of the approximate Eastern most 5 acres of the property. Propose to amend map from Low -
Moderate Residential Densit -to Moderate -High Residential Density. ( See Attached Maps)
7. Explain the reason(s) for this amendment proposal.
The proposed Comprehensive Plan Map amendment would better serve the community through better land
use by providing a wider variety of housing types given the proximity to Highway 20. This amendment
would further maintain the surrounding zoning thus giving a more consistent feel to the area.
i
8. Please describe how your proposed amendment meets the following selection criteria. Use a _separate
sheet(s) if necessary:
a. Was this proposed amendment denied during a previous Comprehensive Plan review cycle:
Yes No X . If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
See Attached
c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan:
SeeAttached
I .-iatare of Applicant
Date
Property Owners Authorized Agent: If you are the property owner's agent, you are required to provide a
notarized letter from the property owner authorizing submittal of this application.
I hereby certify that I have read and examined this application and know the same to be true under
penalty of perjury by the laws of the State of Idaho and am authorized to make this application as the
agent of the property owner.
Signature of Agent: Date
Print Name: 9 /, � Iw Phone: Z`3 — 9 '7 3 7
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. b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
The Comprehensive Plan policies are to encourage compact development, promote
continuous development, development in areas without physical restraints, protect Highway
20, and provide a variety of housing types. Through the proposed amendment, these and
other polices and goals of the Comprehensive Plan are strengthened to provide the
community with compact, continuous development in areas without physical restraints while
at the same time providing a variety of housing types. The project site is directly west of
Highway 20 and the multi- family development of Peterson Point and north of The Meadows
high density development. These areas have recently been developed or are currently being
developed. The proposed amendment would make the project site consistent with these and
other surrounding developments. The amendment change would help provide a buffer to the
adjacent lower density area of the property. Typically a higher density development would
incorporate a more encompassing landscape and maintenance plan that would likely include
a beautiful tree lined greenway along the highway corridor, small landscaped parking areas
and higher density houses and /or small apartment units. Whereas a low density residential
development would provide little to no landscaping, relying mostly on the residents of the
adjoining lots to provide such. The potential increase in traffic on the highway as the areas
north of town continue to grow, will burden the fixture residents of the proposed subdivision
with out such a buffer. Providing a higher density development with a more encompassing
landscape plan would be consistent with meeting the goals of well maintained greenway
. along a major arterial road.
c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan:
The proposed amendment to the Comprehensive Plan will provide consistency in the zoning
and feel of the surrounding areas along Highway 20 between the University and Main Street
exits. It will also allow for inter - connectivity of adjoining higher density parcels to the north
and south by providing through access on local roads. This would provide multiple higher
density parcels in the area an alternate access to 12 West besides through single family
neighborhoods. These higher density local roads would provide less major collector
intersections along 12 West, therefore providing better traffic flows. As previously
mentioned, this proposed amendment further strengthens the policies and goals of the
Comprehensive Plan by providing a solid neighborhood which is compact with open areas
and a variety of housing types. In addition to uplifting and strengthening the policies and
goals of the Comprehensive Plan, the proposed amendment will help develop a strong
neighborhood community with the values and qualities of friendliness, cleanliness and
convenience with a small town atmosphere which our citizens demand.
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Comprehensive Plan Amendment Application
d City of Rexburg
72 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
Area #3
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`y r CITY OF
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America's Family Communih
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Submittal Requirements f Gil/ 90, 7
Complete this application, provide all supporting documents, and submit to the Community es�
Department. Map change requests wilf be processed in conjunction with all other requests at the` 1: U2-Q
beginning of January following this submittal. The Commission may take action before this time in the
event the change is time sensitive or it has been at least 6 months since the last amendment date. Text
amendments may be processed on an ongoing basis and do not need to wait six months between
revisions.
Permit #:
� /^ Fee Required: Y N Amount:
Name: �l 7 ft U s �u . (-7 A01 t'/✓ Address: � j 0 f�C� /L'�e � Qr. �eX�✓r� �Q
Phone: 3 G O - F7 ! C9 2-
Mobile:
� 1. Does the amendment requests) concern a specific property? Yes No
. . Is this amendment request for a change in land use designation? No _
Are you the owner or authorized agent of the property? Yes No
+. Provide a description or a map of the area that this application affects.
5. Provide a reference to the section(s) of the Comprehensive Plan that you propose to amend, including the
page . if applicable (i.e., Comp Plan, Page xx, Line xx).
6. Provide proposed amendatory language. Attach separate sheet(s) if necessary.
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7. Explain the reason(s) for this ar endme proposal
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8. Please describe how your proposed amendment meets the following selection criteria. Use a separate
. sheet(s) if necessary:
a. Was this proposed amendmen enied during a previous Comprehensive Plan review cycle:
Yes No V If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
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c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan:
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ature of Applican
Property 0 Auth
notarized letter from the
Date AJUi/ ! -�
rerA: If you are the property owner's agent, you are required to provide a
owner authorizing subralittal of this application.
I hereby certify that I have read and examined this application and know the same to be true under
penalty of perjury by the laws of the State of Idaho and am authorized to make this application as the
agent of the property ow r.
Signature of Agent: Date: k(ZS
AX Print Name: c, a✓v�- Phone: 0 G LO 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
State of Idaho
C
Name
City
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 s.(& - Gar o -e r- ?), Q0L K fr Q K.
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
Signature
day of
Subscribed and sworn to before me the day and year first
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Address
S Aop A
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CITY OF
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America's FamVy Community
20
Residing at �Oevc
My commission expires:
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Comprehensive Plan Amendment Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Area #4
._C; VI_y OF
REXBTJRG
Amenicas & ?nily Q,'nmUxitY
Submittal Requirements - N
Complete this application, provide all supporting documents, and submit to the Community Development
Department. Map change requests will be processed in conjunction with all other requests at the
beginning of January following this submittal. The Commission may take action before this time in the
event the change is time sensitive or it has been at least 6 months since the last amendment date. Text
amendments may be processed on an ongoing basis and do not need to wait six months between
revisions.
Permit #:
Fee Required: Y X N Amount:
Name:
Hemming Properties Management LLC
Address:
3113 W 1000 N Rexburg, ID 83440
Phone:
208 - 356 -6142
Mobile:
208 - 351 -6263
1. Does the amendment request(s) concern a specific property? Yes X No
2. Is this amendment request for a change in land use designation? Yes X No _
3. Are you the owner or authorized agent of the property? Yes X No
4. Provide a description or a map of the area that this application affects.
See attached
5. Provide a reference to the section(s) of the Comprehensive Plan that you propose to amend, including the
page — if applicable (i. Comp Plan, Page xx, Line xx).
Section 7 — Land Use. Requesting change to Preferred Land Use Ma
6. Provide proposed amendatory language. Attach separate sheet(s) if necessary.
See attached
7. Explain the reason(s) for this amendment proposal.
See attached
(e
t •
S. Please describe how your proposed amendment meets the following selection criteria. Use a separate
sheet(s) if necessary:
Was this proposed amendment denied during a previous Comprehensive Plan review cycle:
'Yes No X . If yes, briefly explain why (if known):
b. Explain how the amendment advances the goals and policies of the Comprehensive Plan:
See attached
c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan:
See attached
f
ature of Applicant
Y operty Owners Authorized Ag nt: If you are the
notarized letter from the property owner authorizing
Date 11 -I
owner's agent, you are required to provide a
of this application.
I hereby certify that I have read and examined this application and know the same to be true under
penalty of perjury by the laws of th State of Idaho and am authorized to make this application as the
agent of the property owner.
Signature of
Print Name:
Date: ` t ' -n7
Phone
2
City of Rexburg
(0
Comprehensive Plan Amendment Application
Submitted by Lane Hemming— Hemming Properties Management, LLC
Responses to Questions 6, 7 8B & 8C
Question 6
Hemming Properties is not requesting a change to the Comprehensive Plan land use language, rather we
are requesting allowance for mixed use development to occur within the area identified on the attached
map. This step would enable Hemming Properties to proceed with submittal of a development plan
under the City of Rexburg's Development Code 3.30 Project Redevelopment Option (PRO Zone).
Question 7
The purpose of the Hemming Properties' request for mixed use development is to allow for the
development of retail, office, apartment, townhomes and other high density residential uses on the site.
A mixed use designation would pave the way for working with Planning and Zoning and the City Council
toward creation of a unique development for Rexburg residents to work, shop and live - all within a
pedestrian friendly environment.
Questions 8B & 8C
The Comprehensive Plan identifies a number of community needs that would improve the vitality of the
City and surrounding areas. Those that are most applicable to this application areas follows: 1) Make
downtown an inviting place to shop, visit and spend time; 2) Maintain a community identity; 3) Provide
more clothing shops; 4) Address downtown parking issues; and, 5) Provide the citizens of Rexburg with
more sit down restaurants
The Hemming plan would not only meet the stated objectives but in many ways exceed expectations by
improving the City's ability to attract new business, new industry and workers by providing quality space
for retail, office and residential living. In short, good development in the heart of town will further
foster positive growth from within — making Rexburg a better place to live and work by providing goods
and services that could be obtained without leaving the City. More specific to the five identified needs
stated above, a high quality mixed use development would help meet those objectives in the following
ways: 1) Serve as a wonderful compliment to Downtown by creating a natural link between the
University and Downtown. Most cities continue to face the impact of sprawl - and Rexburg is no
exception as newer commercial development continues to occur to the south and north side. The
amendment to the Comp Plan would allow a mixed use development to drive traffic into town and allow
the Downtown retailers to capture a portion of the increased local and regional business. 2) The first
class manner in which Hemming Properties would approach this mixed use project would create a
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signature element for the Community. The design of the project would create a sense of place - a
gathering place. It would serve to create identity and magnetism for local and regional traffic alike.
And given the given the quality of the planned development, it would serve as a standard for well
conceived, thoughtful development throughout the area. 3) Likewise, research shows a glaring shortage
of women, men, children and infant apparel stores— causing most of the local and regional shoppers to
shop outside of Rexburg. The Hemming mixed use project would focus on filling this void in the
consumer offering. 4) Parking is a major issue Downtown and near the University areas. The Hemming
mixed use project is designed to "get people out of their cars" by creating a pedestrian friendly
environment. Underground or parking decks would be built to avoid adding significant surface parking
and could serve to relieve parking needs for after hour events at or near the University. 5) The project
would seek to add more food establishments, including casual to better restaurants. Research confirms
a glaring gap in the food and restaurant consumer mix.
Further to the objectives of the Comprehensive Plan, the change to mixed use allows for specific
accomplishment of the following objectives stated in the plan.
1) Encourage compact development to retain a convenient city.
2) Encourage clustered commercial development south of the central business district and near
BYU -I. This development should be designed to serve the needs of students and faculty and be
within walking distance of the College.
3) Develop higher density housing adjacent to BYU -I. Housing that serves the students should be
within walking and biking distance from the college and from neighborhood commercial
services.
The stated goals in the Comprehensive Plan of enhancing the quality of life, promoting diverse economy,
establishing a strong tax base and seeking to meet the community needs through responsible
development and growth fits well with the direction and vision that Hemming Properties has for the
wonderful City of Rexburg. We would consider it an honor to play an integral role in achieving the goals
and plans set forth by the City leaders.
Thank you for your consideration!
Contact information:
Lane Hemming - 3113 West 1000 North, Rexburg, ID 83440
(208) 351 -6263
Richie Webb —133 South 2nd West, Rexburg, ID 83440
(208) 356 -6142 or (330) 524 -9168
i
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Affidavit of Legal Interest
City of Rexburg
12 North Center
Rexburg, ID 83440 www.rexburg.org
State of Idaho
County of Madison
I, Reyiminq AbpeAe's I LL-C
Name
fie -X6tAn
Cit
Phone. 208.359.3020
Fax: 208.359.3022
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CITY OF
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Address
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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: ReAl m'Al [ U14-Temen¢ U . 0 3i l3 V�/. Ibo� A/< ReXbltyy 1 1 - 1) 9
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 2 nod day of f if CA /U -b ek 1 20 0 ^ 7
i►
Signature—A, Lo-Le— � e.Y1�%kk tj ) MIA�-KIZ -J
Subscribed and sworn to before me the day and year first above written.
Notary Public o daho {� f
�'' Residing-at: Re-XbMrq IG(
Billy G. Dupree, Jr. /
Notary Idah
State of Idaho o My commission expires: � d
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ATTACI-EvIENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties H LLC Properties
Parcel 1
Commencing at the Northwest corner of Lot 2, Block 47 of the Original Rexburg
Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence South 6 rods; thence East 8 rods, thence North 6 rods; thence
West 8 rods to the place of beginning.
Parcel 2
Commencing at a point 165 feet South of the Northeast corner of Lot 4, Block 47 of
the Original Rexburg Townsite, in the City of Rexburg, in Madison County, State of
Idaho, as per the recorded plat thereof, and running thence South 3 1/3 rods; thence
West 10 rods; thence North 3 1/3 rods; thence East 10 rods to the point of beginning.
Parcel 3
Commencing at a point 33 feet East of the Northwest Corner of Lot 1, Block 47 of
the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence South 165 feet; thence East 66 feet; thence
`- North 165 feet; thence West 66 feet to the point of beginning.
Parcel 4
Commencing 82 %2 feet west of the NE corner of Lot 1, Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, and running thence South 99 feet; thence
West 49 %2 feet; thence South 66 feet; thence West 33 feet; thence North 165 feet;
thence East 82 %2 feet to the point of beginning.
Parcel 5
Commencing at a point 165 feet West of the Northeast corner of Lot 1, in Block 47
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat
thereof, and running thence West 2.5 rods; thence South 10 rods; thence East 2.5
rods; thence North 10 rods to the Point of Beginning.
Affidavit of Legal Interest
City of Rexburg
OY r�E8Bt3�f
CITY O F
RE
inr�riw's A m h' carnmurpy
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
State of Idaho
County of Madison JJ `, 7
I, New Vrl l Vtej 1"b�P.l�'7'/ �S Y 1 L L-C-
Name '
RexbUn
City I li '
3113 W . 1000 �J,
Address
zd6-" S34yd
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: A C�.VY1 Vhih1 "CL11PY11ektt L4 1 13 W. Iboo R/. i �eXbttnrg ��D c��S�90
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 no( day of / UV ) 20 6- 7
1
Signature A, La
Y,VK � ►rna-K4
Subscribed and sworn to before me the day and year first above written.
Notary Publi of Idaho
Billy G. DUPree, Jr.
Not Public
State of Idaho
l �
Residing at: _ l \e-X6Lkh`f > TJO- k 6
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My commission expires: i 1 � � ! r d
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming_ Properties VI LLC Properties
Commencing at the Southwest corner of Lot 4 in Block 47 of the Original Rexburg
Townsite, in the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and runnin thence East 148.5 feet; thence North 220 feet; thence East 65
feet; thence North 110 feet; thence West 65 feet; thence North 165 feet; thence West
148.5 feet; thence North 165 feet; thence West 33 feet; thence South 231 feet; thence
East 16.5 feet; thence South 429 feet; thence East 16.5 feet to the point of beginning.
TOGETHER WITH an easement over the West One (1) rod and SUBJECT TO a
reserved easement over the East One (1) rod of the following described parcel of
land: Commencing at the Southwest corner of Lot 4, in Block 47, aforesaid, and
running thence North 231 feet; thence West 33 feet; thence South 231 feet; thence
East 33 feet to the point of beginning.
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ALSO: Commencing at apoint 14 rods East of the Southwest corner of Lot 3, Block
47 of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded
plat thereof, and running thence North 4 rods; thence East 6 rods; thence South 14
rods; thence West 6 rods; thence North 10 rods to the point of beginning.
TOGETHER WITH a reserved easement as evidenced in Warranty Deed No.
141000.
SAID PARCELS DESCRIBE PROPERTY LOCATED IN PORTIONS OF BLOCK
47 OF ORIGINAL REXBURG TOV6'NSITE AND PORTIONS OF BLOCK 1 IN
THE SOUTHEND ADDITION.
Fo CITY 4F
EX
A»ri= iru's Famih� Comrrturiy
k,4
12 North Center Phone: 208.359.3020
Rexburg, 1D 83440 www.rexburg.org Fax. 208.359.3022
Affidavit of Legal Interest
City of Rexburg
State of Idaho
County of Madison
I, e�mm �v�q �iro �S V
Name
(fie- -?(6tA 9
City
3113 \Ai, ( 00D a,
Address
�1 34YL
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: _ReNn�Mi 11 irl"d- R,PU ht G1 C 3113 VV- 16 C-0 A/. rs. 641 ,l EU
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 Y10C day of /I�rJVexv�b e+r- , 20 6 7
signature A • Lavtt Ke. m Wl4
Subscribed and sworn to before me the day and year first above written.
h , l
Billy G. DuPree, Jr.
Notary Public
State of Idaho
ei"
Notary Public /Idaho
Residingat: ReX6t0 -- T zd�116
My commission expires:
S
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties V LLC Properties
Parcel 1
Commencing 272.25 feet East of the Southwest corner of Lot 3 in Block 40 of the
Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof,
and runnin thence North 165 feet; thence East 57.75 feet; thence South 165 feet;
thence West 57.75 feet to the point of beginning.
Parcel 2
Commencing at the Northeast corner of Lot 2, Block 8 of the South End Addition to
the City ofRexburg, in Madison County, Idaho, as per the recorded plat thereof, and
running thence West 5 rods; thence South 10 rods; thence East 5 rods; thence North
one -half rod; thence East 1 rod; thence North 67.75 feet; thence West 11 feet; thence
North 89 feet; thence West 5.5 feet to the point of beginning.
Parcel 3
Commencing at a point of 87.5 feet West of the SE corner of Lot 4, Block 40 of the
Original Townsite ofRexburg, Madison County, Idaho, as shown on the recorded plat
thereof and running thence West 77.5 feet; thence north 82.5 feet; thence East 77.5
feet; thence South 82.5 feet to the point of beginning.
Parcel 4:
Tract 1: Commencing 55 feet South of the Northeast corner of Lot 4, Block 47 of the
Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, and
running thence South 55 feet; thence West 100 feet; thence North 55 feet; thence East
100 feet to the point of beginning.
Tract 2: Commencing at a point 165 feet North of the Southeast corner of Lot 4,
Block 47 of the Original Townsite in the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, thence North 55 feet, thence West 165 feet, thence
South 55 feet,.thence East 165 feet to the point of beginning.
'
1�,—
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
State of Idaho
County of Mad
I, {�t�►�M1y �"rvpeAe R L-L
Name
Ke -xb,Wq
City
3113 \J . 100 0
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: gem WhiwI "4 - U - 3 i 13 W. Iboo IJ-
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 die application.
Dated this V -1 aL day of ' oyew\-\D-e- 1 20 0 - 7
Signature A, C_Rvi j Ke ZvW W,t j vvl6iKa -1
Subscribed and sworn to before me the day and year first above written.
Billy G. DuPree, if
Notary Public
State of Idaho
CITY 0 P
Y RE
/ 14 ✓/- /G�/t -�
Notary Public of I o p
Residing at:
My commission expires:
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties III LLC Properties
Parcel 1
Tract 1: Commencing at the Northwest corner of Lot 1, Block 1 of the South End
Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and runnin thence East 165 feet; thence South 165 feet; thence West 49.5
feet; thence North 99 feet; thence West 115.5 feet; thence North 66 feet to the point
of beginning.
Tract 2: Commencing at a point 10 rods East of the SW corner, Lot 1, Block 1 of the
South End Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 4 rods; thence North 10 rods; thence
West 4 rods; thence South 10 rods to the place of beginning.
Parcel 2
Commencing 99 feet South of the Northwest corner of Lot 3, Block 47, Original
Townsite ofRexburg, Madison County, Idaho, thence South 66 feet; thence East 231
feet, thence North 66 feet, thence West 231 feet to the place of beginning.
Parcel 3:
Tract 1: Corrrnencin.g at a point that is 6 rods East of the NMT corner of Lot 2, Block
8, Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and runnin thence East 4 rods; thence South 53 feet; thence
West 4 rods; thence North 53 feet to the point of beginning.
Tract 2: Beginning at a point that is 6 rods East of the NW corner of Lot 2, Block 8,
Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof and running thence East 4 rods; thence South 53 feet to the true
point of beginning; thence South 46 feet; thence West 4 rods; thence North 46 feet;
thence East 4 rods to the point of beginning.
Tract 3: A 24 foot easement for ingress and egress more particularly described in that
certain Cross Access, Ingress Egress Easement recorded April 1, 2005, as Instrument
No. 318691, Madison County, Idaho.
Parcel 4
Tract l: A parcel of land situated in Madison County, Idaho, Township 6 North,
Range 40 East, Boise Meridian, Section 30, more particularly described as. follows:
Beginning at the Northwest corner of Block 8 of the Southend Addition to the City
t
r
of Rexburg, thence North 89 °44'58" East for a distance of 165.00 feet to the true
point of be ginnin g; thence North 89 °44'58" East for a distance of 82.50 feet; thence
South 00 °15'02" East for a distance of 99.00 feet; thence South 89 °44'58" West for
a distance of 82.50 feet; thence North 00 °15'02" West for a distance of 99.00 feet to
the true point of beginning.
Tract 2: A 24 feet easement for ingress and egress more particularly described in that
certain Cross Access, Ingress Egress Easement recorded April 1, 2005, as Instrument
No. 318691, Madison County, Idaho.
Parcel 5
Tract 1: Commencing at the Southwest corner of Lot 4 in Block 40 of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 57 feet; thence North 148.5 feet;
thence West 57 feet; thence South 148.5 feet to the point of beginning.
Tract 2: Commencing 148.5 feet North of the Southwest corner of Lot 4, Block 40
of the Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, and running thence East 57 feet; thence North 16.5
feet; thence West 57 feet; thence South 16.5 feet to the point of beginning.
t
Page 2
i
Affidavit of Legal Interest
City of Rexburg
72 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
3 Ft ;
r te.. CITY 0
1
L R R1J
�x
CW
- �mc:icdsr"crri_vCom!+1utaly
State of Idaho
County of Madison
I , f- emm Prbpefi es I V LLC
Name
city
31 W. X 0 ()0 t4.
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 re cord owner & J14_1 he property described on the attached, and I grant my
permission to: _1 e n vhwl t°Yi1en+ Uc 3113 VV. IbC�o AJ Ri y6v -b 9
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 Z VI& day of AJc)\/eA4A_ eA— , 20 Q - 1
Signature A , Lance KevAwt j y Ma_,,a_
Subscribed and sworn to before me the day and year first above written.
13IRy G. Dupree, J�
Notary Public
State of Idaho
Notary Public of Idaho
Residingat: l\eXb't-`r ) =d &-kb
My commission expires: 11-16q l 16
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties IV LLC Properties
Parcel 1
Commencing at a point 58.5 feet North of the Southwest comer of Block 1 of the
Southend Addition to the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 115.5 feet, thence North 40.5 feet,
thence West 115.5 feet, thence South 40:5 feet to the point of beginning.
Parcel 2
Tract 1: Commencing at a point 115 feet South of the Northwest Corner of Lot 2,
Block 8 of the South End Addition to the City of Rexburg as per the recorded plat
thereof and running thence South 50 feet; thence East 99 feet; thence North 50 feet;
thence West 99 feet to the point of beginning.
Tract 2: Commencing at a point 65 feet South of the Northwest Corner of Lot 2,
Block 8 of the South End Addition to the City of Rexburg, Madison County, Idaho,
as per the recorded plat thereof, and running thence South 50 feet; thence West 99
feet; thence North 50 feet; thence West 99 feet to the point of beginning.
Parcel 3:
Tract 1: Commencing at the Northwest corner of Lot 1 i k 54 n Bloc of the Original
Rexburg Townsite in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof, and running thence East 93.5 feet; thence South 456.75 feet;
thence West 93.5 feet; thence North 67.75 feet; thence West 11 feet; thence North 89
feet; thence East 11 feet to the point of beginning. Same being more particularly
described as the West 93.5 feet of the North 156.75 feet of said Lot 1 in Block 54,
and the East 11 feet of the North 89 feet of Lot 2 %2 of Block 8 of the South End
Addition to the said City of Rexburg.
Tract 2: Commencing at a point 10 rods West of the Northeast corner of Lot 1, Block
54 in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof,
and running thence South 9 %2 rods; thence West 3 1/3 rods, thence North 9 %2 rods;
thence East 3 1/3 rods to the place of beginning.
Parcel 4
Commencing 12.5 rods West of the NE comer of Lot 1, Block 47 of the Original
Rexburg Townsite, Madison County, Idaho, as shown on the recorded plat thereof;
thence West 2.5 rods; thence South 10 rods; thence East 2.5 rods; thence North 10
rods to the point of beginning.
31
eloy G. Dupree, ,1G
Notary Public
State of Idaho
Affidavit of Legal Interest
City of Rexburg
•
r• �
12 North Center
Rexburg, !D 83440 www.rexburg.org
State of Idaho
County of Madison
I, - eunuv.tv�q Qrbpev � -s
Name
Cit
Phone: 208.359.3020
Fax: 208.359.3022
�y ?� CITY OF
�e n
REXBUR
,9mme: iaa'sT�unily (:ommrzruty
3i IOvD n!,
Address
-I_a k " S 34 YD
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: ��e�,om mini j /)QI'1�eq�i�y1eYt� l•C 3i 13 V1/, 1600 X/< ,
Name Address u
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 ?'110( day of AJC)VeNVb-e" , 20 43-
Signature q, La6 \e ,r2VhWxL' -'
Subscribed and sworn to before me the day and year first above written.
Notary Public of daho
Residing at: 9,e)<6 LO--T =d!- k 6
My commission expires: T-10 ( 16
L
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties I LLC Properties
Parcel 1
Commencing at a point 33 feet South of the Northwest corner of Lot 3 in Block 47
of the Original Rexburg Townsite, Madison County, Idaho, as per the recorded plat
thereof, and running thence South 66 feet; thence East 330 feet; thence North 66 feet;
thence West 330 feet to the point of beginning.
Parcel 2
Tract 1: Commencing at a point 13 1/3 rods West of the Southeast corner of Lot 4
in Block 40, City of Rexburg, Madison County, Idaho, as per the recorded plat
thereof, and runnin thence North 10 rods; thence West 53 feet; thence South 10
rods; thence East 53 feet to the point of beginning.
Tract 2: Commencing 10 rods West of the Southeast corner of Lot 4, Block 40 of the
Original Rexburg Townsite, as per the recorded plat thereof, and running thence West
3 1/3 rods; thence North 10 rods; thence East 3 1/3 rods; thence South 10 rods to the
point of beginning.
Parcel 3
Co.une.-.cing at the Northwest corner of Lot 2, Block S o f the South End Addition
to the City of Rexburg, as per the recorded plat thereof, and running thence South 65
feet, thence East 99 feet, thence North 65 feet, thence West 99 feet to the point of
beginning..
•
C"
Affidavit of Legal Interest
City of Rexburg
12 North Center
Rexburg, 1D 83440
State of Idaho
County of Madison
www.rexburg.org
I, earner la-Ce L L -C
Name
KeX60n
City Ili '
Phone: 208.359.3020
Fax: 208.359.3022
U
c.c `
3(13W 1 000 r'
CITY OF
REXBUR
Ca.
f5ntmrat Falri ' cot' mW.1y
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: Rem - t vii Qy14. ppmepi f U c- 3113 W. 1660 A/. I t Plp —yb�w 11: E ---110
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 0 V 10C day of I cave w�b�r- , 20
Signature A (, [, Ke- — AVK � q�
C J) rrl�i'iC�G
Subscribed and sworn to before me the day and year first above written.
i Dupree, is ry Public of Idaho
Notary Pub 'c of Idaho
Residing at: (�eXb�rq > Ids k 6
My commission expires: 17-16411,6
� P
r
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemmin Hom eplace LLC Properties
Tract 1: A portion of Lots 2 and 3, Block 47, City of Rexburg, Madison County,
Idaho, as shown on the recorded plat thereof, described as follows: Be ginnin g at a
point 33 feet N. of the SW corner of said Lot 2, thence N. 66 feet; thence E. 330 feet;
thence S. 132 feet; thence W. 99 feet; thence N. 66 feet; thence W. 231 feet to the
point of beginning.
Tract 2: Commencing at the Northwest corner of Lot 3, Block 47 of the Original
Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, as per the
recorded plat thereof and running thence South 2 rods; thence East 14 rods; thence
North 4 rods; thence West 14 rods; thence South 2 rods to the point of beginning.
•
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
aY c- �KtRr
a Fc
RE CTTY
XB Ems' R
State of Idaho
County of Madison
I, t�tm �i't�p2t s VJ L C
Name
City
3 W. ( 00 0 t
Address
�I� y X34 qo
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: R UJr►Mimi 'MCLI C _ -3113 Idao AJ.
Name Address V
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 ? ► -10( day of A ` C)VeAv\_b-,-, , 20 4 ) 7
Signature A , 0. f eY4�VYl Vv�G
e
Subscribed and sworn to before me the day and year first above written.
•
Notary Publi of Idaho
Billy G. 'u ?ree,`Jr. Residing at:
Notary Public
State of Idaho My commission expires: r
ATTACHMENT TO AFFIDAVIT OF LEGAL INTEREST
Hemming Properties VII LLC Properties
Commencing at the Southwest corner of the Northwest Quarter of Lot 2, Block 47
of the original Rexburg Townsite, Madison County, State of Idaho, and runnin
thence East 8 rods; thence North 4 rods; thence West 8 rods; thence South 4 rods to
the place of beginning.
Also, commencing at the Northwest corner of the Southwest Quarter of said Lot 2,
Block 47 of the original Rexburg Townsite, Madison County, Idaho, and running
thence South 4 rods; thence East 12 rods; thence North 4 rods; thence West 12 rods;
to the place of beginning.
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• 9
City Council
January 23, 2008
12 North Center blairk @rexburg.org
Rexburg, ID 83440 www.rexburg.org
gEXBUq
a�� Gf °v CITY OP
REEX
Phone: 208.359.3020 x313 a =' America's Family Community
Fax: 208.359.3022
Date: January 23, 2008
City Council Item: 9 -A
•
0
Item: Main Street Traffic Flow proposal
Initiated by: Staff
Financial Impact: N/A Budgeted: N/A
Funding Source: N/A
A. Action Proposed: Discuss /approve changing Main Street's design to improve traffic flow
Staff Analysis:
On January 09, 2008 Mayor Larsen asked the City Council to discuss some proposals to improve
traffic flow on Main Street including the addition of two new signals at Center & V East on Main
Street. The Traffic and Safety Committee will make a recommendation to City Council to be
presented on January 23, 2008.
1
• i
• Traffic Safety Meeting Minutes January 22, 2008
Committee Members Present: John Millar, Graydon Burton, Rick Robbins, Lyle
Wakefield, Randy Lewis, Jodi Weimer, Trudy Porter, and Randy Reese.
Reverse Diagonal Parking
Public Works Director John Millar explained the plan to redo the parking on Main Street.
There is a lack of left turn lanes at 1 St East and Center Street. The transportation
department (ITD) knows it is a problem; they are willing to provide all equipment if the
city will take care of changes to curb, gutter, sidewalk, etc.
Mayor Larsen explained when a request is made to ITD; it is usually 7 years out. This
would be a unique project because would go under construction immediately this
summer.
Public Works Director John Millar explained the different options that were looked at to
improve parking on Main Street. Parallel parking would loose anywhere from 10 -27
parking stalls per block, which would intensify part of the problem.
Reverse diagonal parking was also researched. The research showed reverse diagonal
parking is much safer than forward diagonal. Cars cannot see traffic when they back out
from forward diagonal until sometimes it is too late and there is an inevitable accident.
Rick Robbins asked what other cities have used reverse diagonal parking. Public Works
Director Millar said Salt Lake City has used reverse diagonal quite a bit. Reverse
diagonal is similar to parallel parking.
Mayor Larsen said a median would be painted in the. middle of Main Street right now to
help with U -turns on Main Street. It is possible a raised median would be put in
sometime in the future. Snow removal would be a problem with a raised median, so
further research would have to be done before a raised median was put in.
Public Works Director Millar explained the main benefit of reverse diagonal parking is
that accidents would decrease significantly. ITD is in 100% support of reverse diagonal
parking. Only one or two parking spots would be lost with reverse diagonal. This would
also provide a left hand turn lane at 1 St East and at Center Street.
Rick Robbins said he is concern because the width of the travel lanes would become
narrower. Lyle Wakefield suggested a smaller 4 foot median so the lanes are still wide
enough.
Captain Randy Lewis said in 2007 there were 55 accidents on Main Street and 10 of them
were due to the inability to see when backing out of a parking spot onto the main road.
L`
City Council �?�✓ CITY OF
January 23, 2008 s RE
12 North Center blairk @rexburg.org Phone: 208.359.3020x313 „ AnrericasF..milyCommunity
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Date: January 23, 2008
City Council Item: 9 -B
:7
Item: Discuss Ordinance 911 concerning "Towing and Booting"
Initiated by: Dennis Summers
Financial Impact: N/A Budgeted: N/A
Funding Source: N/A
A. Action Proposed: Deliberate issues concerning Ordinance 911
Staff Analysis:
The City has received letters and "email testimonials" from BYU -I students concerning towing issues.
The tone of the letters and emails give a negative opinion of predatory booting and towing practices
they have experienced.
1. DJ Barney asked to require involvement of property owners or their agents before a vehicle is
towed.
2. Christina Jones
3. Emails from Kim Chidester, Danny Vansteenkiste, James Hansen, Drew Hooenback, Daniel
Baker, Kiri Bauer.
4. Sampling of comments on the community web page.
5. Letter from someone asking for the deletion of Section 9A.
1
YOUR PROFESSIONAL WRECKER SERVICE
410 West 1 North
Rexburg, ID 83440
208- 356 -8994
208 - 656 -0270 fax
This letter is to show support of changing city ordinance 911 in relation to predatory
towing and or towing of vehicles from posted private property with out direct
involvement of the property owner or agent other than the person having monetary
interests in the removal of vehicles .
If you have any questions please contact me.
J. Barney
Barney Towing & Recovery
Owner
•
��,r
40
•
Created: 04/02/2007
Modified: 11/18/2007
11
• The following are testimonials concerning the towing issues among the students at BYUI. These
are the ones that have been collected over this last weekend.
Kim Chidester <kimchidester@gmail.com>
I have lived in Rexburg for 6 semesters, and I have lived at Brookside
Village (part of Rexburg Housing) for 4 of those semesters. I have
never brought my car to school with me, but the one weekend that I did
borrow a friend's car I got TOWED and had to pay $115 to get my
friend's car back.
The date of the tow was in February 2007 and it was on a holiday
weekend. Many students leave town on the long weekends so the stores,
streets, and parking lots are always empty. Because I had to stay in
town to study and take a few tests, my friend let me borrow her car
for the weekend so that I would have a way to get to the store or
other places if necessary. She lived in Nauvoo Village, and had a
sticker for her parking lot, but not my parking lot. I parked her car
in the Brookside Village on a Saturday night lot because there were
more than enough spaces with everyone out of town and it would save me
from having to walk back and forth up the icy street with my groceries
(I had just gone shopping that night). I left the car parked in
Brookside that night and in the morning I walked outside to leave for
church and saw that my friends car was gone. I immediately freaked out
and went to my manager to find out if they had towed last night. The
manager said they had no idea if the tow trucks had been by because
they can do whatever they want. I called All American Towing to find
out if he had towed my car and how to get it back. He informed me that
• he would need a half hour's notice before he could meet me at his lot
and I would need to bring $115 in cash with me because he did not
accept credit cards or checks. Not only did I have to miss church to
go and get the car- I had to go to an ATM to withdraw enough cash to
get the car out so that I would not rack up more charges. Apparently
the $115 added up between his base charge which is was around $80 and
the rest came from his "after hours charge " - he is only open
Monday- Friday 9 -5 and therefore if you want to pick up your car any
time after this you are charged more. This was ludicrous to me because
he automatically makes more money from towing after 5pm and on
weekends and holidays. There was no reason for him to be out towing
that night anyways- the point of the apartments hiring a tow service
is to remove cars from the lots who are taking up spaces from tenets
when the lots are full. The parking lot was not even half full that
weekend with everyone out of town so he was obviously just trying to
rip off students that night.
I hope this story helps!! Thanks for everything you are doing to try
to get his guy to lay off of the students. We are all "poor starving
college students" and having to shell out $115 on the spot like that
still upsets me!!!!! It wasn't even my car that was towed!!
Danny VanSteenkiste <dannyvan41 @hotmail.com
Hello all american is completey unprofessional the will not accept credit card (when their advertisement says
they do)they are completley rude. I went into the ridge for literally 2 min. my car was running. I came out my car
was being towed. I ran down the guy would not take my car down and until I payed him in cash he would not
even take a check from me. This experience was ridiculous. Please make some changes. thank you.
•
Created: 04 /02/2007 • •
Modified: 11/18/2007
James Hansen <theyellowdonkey @yahoo.com
THANK YOU FOR DOING THIS. THE EXPLOITATION OF STUDENTS NEEDS TO
STOP!!!
One of the worst weeks at college happened because of all american towing. Last year, during
one of the first big snows of the season, I got towed twice in one week. The night it snowed I
parked my car in what seemed a perfectly fine spot, but you couldn't tell because the ground was
completely covered in snow. I get a call at 6:30 in- the morning with the tow gay yelling at me to
get him $40 by 9:00 or he's gonna tow it. I told him that I don't carry $40 dollars cash on me I
use my card. He said he didn't care. So in below zero weather I walk to the bank, because my car
was booted and no ride was offered, and walk back just in time to get the money and then he
doesn't show up for like a half an hour. The same situation happened that same week. I parked in
a spot and could not see the lines and I get booted again. Same thing where I walk to the bank
and back. The guy really harrassed me on the phone too. As if he thought I was some punk kid or
something or that I didn't intend to pay. Anyways I was working 40 hours a week to pay for my
school, housing, food, everything. I was on a tight budget and because of the $80 this guy bullied
me out of I didn't get to eat much that week. Ramen noodles every meal. Anyways, there is no
way that this type of thing can go on. It seems ludicrous that the students, who don't have lots of
money, who are on loans, who don't have time, are exploited por petty cash.
My name is James O. Hansen II
My address is 419 W. Main @315
My Phone is 208 - 403 -8017
drew hollenback <hollenback @hotmail.com
To whom it may concern,
I am a student at BYU -Idaho and I have had a number of experiences with the towing companies. One
thursday evening me and my room mate had a double date and the girls came over to our apartment at
rockland. They parked in the lot. We finished the date at around 11:00 so curfew was kept. But as the girls
left they realized their car was not there. This was at 11:00. It was a cheap date for my roomate and I but the
girls had to pay 100 dollars to get their car out of the tow lot and we had to take them to get it causing us to
miss curfew. Thanks for making me a sinner all american towing.
Drew Hollenback
Rockland Apartments
235 W 4th South apt 218
Rexburg, id 83440
242 west 6th south apt 2
rexburg ID 83440
(801) 725 - 6736
daniel baker <bakersdaniel @gmail.com>
My name is Daniel Baker,
I use to live at Jordan Ridge. In January 2007 with a night that had
stormed a large blizzard I had just gotten a car, and arrived too late
to get a parking sticker for it from the manager. I was towed and it
being a weekend I had to pay extra to get the car. It cost $115.00
dollars to get the car that I was using all because I couldn't get a
sticker for the night. American Towing would do nothing for me. The
towing price is ridiculously expensive and on the weekends are
ridiculous. I wish if you could prove your car that he couldn't charge
2
Created: 04 /02/2007 • •
Modified: 11/18/2007
• you. I think American Towing has too much power and that the managers
of the apartments should monitor their parking lots if they wish to do
so. I think tickets or boots would be more appropriate than having
your car snaked from you. It is just parking, $15.00 would suffice.
Thank you,
Daniel Baker
Kiri Bauer <kiribauer @gmail.com
667 S. 2nd E. # 306
Rexburg, ID 83440
Kiri Bauer
208 - 390 -2422
About a year ago I was up at Legacy Ridge visiting my cousin. It was
about five minutes to midnight so I decided I had better get going so
I didn't get towed. I said my goodbyes and walked out of her
apartment at 11:58pm according to my phone clock which is supposed to
have the "atomic time ". When I got out to my car it might have barely
been midnight. The "tow guy" was backing up to my car, so I walked
back to him and told him that I was leaving right then and to not
hook -up to my car. He told me that he couldn't let me off because
they had already backed up to my car (BUT HE HADN'T EVEN HOOKED IT UP
YET). I asked him to please let me go. He told me that I could get it
in his lot for $100. At this point I was almost in tears because I am
a college student, I don't HAVE $100 dollars to throw down for
something this ridiculous! I asked him if there was anyway he could
just let me go and pointed out he wasn't even hooked up to my car yet
AND that I had walked out of the apartment to my car by curfew. He
said there was nothing he could do, but that if I would pay him $40
cash on the spot (no checks, just cash), he would let me go. I didn't
have $40 cash on me nor do I usually have that much cash on me. I
told him that and he again said sorry there was nothing he could do.
I asked if I could go ask my cousin for some cash and he said that
would be fine. I went in and my cousin and her roommates scrounged
together $40 for me to "pay -off' the tow guy, which I later had to
repay to these girls. This man was not kind to me. He has definately
made several enemies. I was quite upset after this experience to say
the least.
I actually consider myself somewhat lucky now because I have heard of
much greater amounts the tow guy has demanded in CASH "pay -off" for
the same type of situations.
On another occassion, I was living at Camden apartments. I was booted
in my own parking lot along with one of my roommates. When the boot
man came to take the boot off of our cars he made us pay $40 and was
also a jerk to us. The manager called the boot man and asked him to
refund us our money because we were in fact tenants and had the right
to be parked there. Because of a misunderstanding we were both
booted. We both'recieved $20 dollars in the mail (not the $40 we had
been charged $20). Another "fee" that I didn't have extra money lying
around to pay for.
I hope this inconvenience can be solved. I know that many, many
people have been treated poorly by these men just as I have. I have
always wondered why the tow guy will only accept a cash pay -off in the
parking lot. What is wrong with a check? Is it under - the -table money
3
Created: 04 /02/2007 •
Modified: 11/18/2007
. he is pocketing? Would he treat older adults, say our parents, like
he treats us?
0
Christina
1848 S 850 E 650.346.6483 jones.christina.a @gmail.com
Bountiful, UT 84010
2 April 2007
To Whom It May Concern:
This letter is n regards to an encounter I had with All American Towing the beginning of January
2007.
From what I remember, I believe it was a Friday night around two o'clock in the morning. I went
down stairs from my apartment at the Legacy Ridge because I saw All American Towing
hooking up my car to their tow truck. They asked me if that was my vehicle and I said it was. He
then asked if I knew I was parked illegally and I then told him that I was a tenant at the complex.
I also told him that I had a parking pass, but I could not put it on my bumper because it had
recently been hit and it needed to be replaced. I continued telling him that Legacy Ridge
Management knew about my situation and they told me that I could park in visitor parking until
my bumper was repaired, since they did not want to give me two parking stickers. He said that he
did not receive a list of approved vehicles from management for the visitor parking area. I then
asked him how would he know if my car was approved or not if he did not have a list.
Later he asked if I had any mail addressed in my name. I told him I didn't since I had just moved
in two weeks ago. At that moment I did not think of my contract and parking sticker, since it was
so late and I was upset from this situation. In addition he continued to say how would he know if
I really lived there if I could not prove I was a tenant? I could not believe that he was questioning
me when obviously my car had been hit and I had a legitimate explanation of why I did not have
my parking sticker on my vehicle. He also continued telling me that since he already started to
hook up my car, that there was nothing he could do unless I paid him $40 in cash right on the
spot. I told him I did not have $40 in cash and asked if he could take debt or credit cards? He
said he would only accept cash. I then asked if I could go upstairs to ask my roommates if they
had enough cash for him to release me vehicle. He said he would give me 10 to 15 minutes to
find enough cash and if I could not come up with enough money tonight, and then I would get
my car from his lot tomorrow, Saturday morning. I returned with no cash after asking all my
roommates who were asleep at the time. He then reminded me that I could get my car in the
morning and he would still only charge me the discount of $40 if I really lived at Legacy Ridge.
4
Created: 04 /02/2007 •
Modified: 11/18/2007
•
Then I ran upstairs and called my mom and dad because I was so upset and could not believe
what just happened. At that time I saw my roommate downstairs talking to the tow truck guy and
was also looking upset with the fact that he was towing my car.
The next morning I called him and told him that I had my contract for Legacy Ridge and my
parking sticker number to prove that I was a tenant. He told me he would call me back after he
spoke with Legacy Ridge Management. After he spoke to the manager to verify if I was telling
5
Created: 04/02/2007 • 9
Modified: 11/18/2007
• hook up my car, that there was nothing he could do unless I paid him $40 in cash right on
the spot. I told him I did not have $40 in cash and asked if he could take debt or credit
cards? He said he would only accept cash. I then asked if I could go upstairs to ask my
roommates if they had enough cash for him to release me vehicle. He said he would give
me 10 to 15 minutes to find enough cash and if I could not come up with enough money
tonight, and then I would get my car from his lot tomorrow, Saturday morning. I returned
with no cash after asking all my roommates who were asleep at the time. He then
reminded me that I could get my car in the morning and he would still only charge me the
discount of $40 if I really lived at Legacy Ridge.
Then I ran upstairs and called my mom and dad because I was so upset and could not
believe what just happened. At that time I saw my roommate downstairs talking to the
tow truck guy and was also looking upset with the fact that he was towing my car.
The next morning I called him and told him that I had my contract for Legacy Ridge and
my parking sticker number to prove that I was a tenant. He told me he would call me
back after he spoke with Legacy Ridge Management. After he spoke to the manager to
verify if I was telling the truth he then released my car to me and said that he was giving
me a discount of $40 instead of the full $80 since I was a tenant but did have a parking
sticker on my vehicle.
All American Towing treated me unfairly. My car should have been released to me at no
• charge especially after he spoke with the Legacy Ridge Management to verify if I really
was a tenant and had a parking pass.
This is a truthful statement of my experience with All American Towing.
Please feel free to contact me via email or phone with any questions regarding this letter.
Thank you.
Sincerely,
Christina Jones
cj
•
ral
Roy C. Klingler
Sheriff
•
Madison County Sheriffs Office
145 East Main Street
Rexburg Id, 83440
• Phone (208)- 356 -5426
Fax (208)- 356 -6056
Here is a list of the number of vehicles towed on for the month of November 2007 that were reported the
Sheriff's Office.
•
5 vehicles
7 vehicles
9 vehicles
7 vehicles
2 vehicles
9 vehicles
8 vehicles
4 vehicles
5 vehicles
6 vehicles
ehicle / US Bank
3 vehicles
November 2
November 4
November 6
November 7
November 9
November 10
November 12
November 13
November 14
November 15
November 16 1 ,
November 18
Gracie Ferguson November 19, 2007
Madison County Dispatch Center
•
0
•
•
•
i f�
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C 160
I think the real challenge is the large number of new students who enroll each term and the
thousands of visitors who come to Rexburg. Most of them will pull into a parking lot,
particularly those with lots of vacant slots, and not know to look for a sign or to find visitor
parking. I drove through both Shelboume and Heritage Manor this morning and they do offer
the required visitor parking (30 minutes) in both cases. However, the spaces are few and in a
corner the greatest distance from the main entrance. With these aggressive companies, I believe
hundreds will only learn of the parking requirements because of a bad experience. I also know
from personal experience the enforcement companies are very good at what they do and show no
mercy.
Good luck with this, I hope it does not blow up and become a big deal.
Here are samplings of comments I have received or were posted on community web pages.
1. He towed me out of a parking lot before curfew and he said he could because he has a
"deal" with the apartment complex. From Colin Sorensen
2. 1 got towed again last night. That's the second time in a year and the 5th time in 4 years!
We tried to pay him with $15 in change but he wouldn't take it... so we made him find his
little rule book and find the place in his regulations where it says that... we still had to pay
him, but we wasted 10 min, and hopefully gave others enough time to save their own
cars. From David Nieman
3. 1 no longer attend BYU -1 but I am glad that I don't have to worry about him towing my car
again!! I have heard of people having there cars towed away while they were picking up
a date. I am glad that Nauvoo did not have a contract with him when I lived thereYl From
Mark Hayward
4. All I know is that I was checking out an apartment with my cousin at the Ridge and, I had
parked my car for maybe 10 minutes... when we got back to my car there was Mr.,
Nightmare hooking up my car to his truck ... my car wasn't even parked in a marked
zone ... I was so ticked. In order to get my car back without going down to the yard to get
it, I had to cough 0 60 bucks. He said it was so expensi *ecause he had already
hooked up my car and because it was big ... I have an SUV. I gave him piece of my mind
and took them to small claims court ... I am my fathers daughter after all... they refunded
me the money and gave me free towing services along with $100 in damages (aka
• wasting my time) .... I'd like to see the company go down and the tow trucks towed away
as he runs after his automobile waving his arms... that would make my day. From
.Carmen Dimsdale
5.. I parked my car in MY driveway and he towed it. Can you believe it ? ?? Form Grant
Smith
6. So my husband and I went to the Shelborn Halloween party and as we were leaving saw
some truck being towed. I didn't see the kid so I yelled at people at the party that
someone was getting towed. We saw the kid over there when we left so we went over to
offer advice -he doesn't have to pay immediately (tow man must wait min of 15 for him to
get cash) he doesn't have to pay a full tow price, etc. The tow guy got upset and then the
apt manager and he were both telling us to leave. If everyone knew the rules he had to
follow he would not get away with as much. That kid could have sat in his truck all night
and never gotten towed. Google "Rexburg towing regulations" and you will find them.
From Anna Davis Tew
7. These predators are just another example of holier than thou hypocrites taking
advantage of their fellow man. Rexburg is supposed to be this nice little friendly Mormon
town, but really it is full of business sharks bullying the students out of their $5.15 and
hour. I have never seen a community so ready to take advantage of another group of
people. From Seth Morris
8. I've been driving to the verge of insanity by these NUTS who tow and boot cars. They
don't do it for the sake of parking enforcement or safety as they claim; rather they
VANDALIZE and STEAL our vehicles to make a profit! In essence, they are thieves and
vandals, and WE have to pay THEM!? THIS IS AMERICA!!!! From Scott Hurst
• 9. Those All American punks will tow your car right in front of your face, practically theft. My
cousin's car got towed cause she unknowingly parked on the wrong side of her complex
lot. Her own complex towed her car. From Joel Price
10. 1 went into an apartment just to drop off I think a coat or something... ? Like max of three
minutes, and I came out and the Subaru was getting pulled out by a tow truck!! Way
messed up! From Nathan Brooksby
11. My good friend got towed 2 weeks ago and not only did they charge him 100 bucks, but
it was 30 bucks a day until he picked the car up ... thing is he didn't have 100 bucks and
wasn't going to have 130 the next day. What needs to happen is we need to starve them
out. The only way that so many towing companies stay in business is because WE keep
giving them their business. If for one month, maybe two, we could get the word out to
everyone to park safe and walk a bit more, the guys who make a living hauling our cars
away would have to get new jobs, LET'S STARVE THEM OUT! From Bryon Clawson
12. My friend was over at our apartment last night and he left my apartment at 12:10 and
they had already towed his car... 10 freaking minutes... they didn't even put a boot on his
car they just towed it away. From Vanessa Sanders
13. I just want to say that this is A HUGE deal. You have to be careful of when you park in
visitor parking also. My car got towed last year because it was in "visitor parking" past a
certain hour. That hour was 10 pm and I went out to my car at 10:15 and it was already
gone so, they don't even give you the benefit of the doubt and they are very good at
what they do! They get it done quickly! From Randall Brady
14. You know this guy actually had the nerve to tow my snowmobile trailer with my sleds on
it! Yeah, they were parked out of the way on a slab of dirt. He didn't have the right gall to
hitch it to his tow truck, so he just tied it down with ropes and took off. He charged me
$140 because it took him longer to do it! From David Garner
1 S. When I lived at the*ge my car was in the shop so I was Ong my sister's. I came
home from a date, it was 10 minutes after twelve and my date and I were standing next
to my car talking. The tow guy backs up to my car while 1 was standing there and l run
up to his window and explain the situation and tell him that I was just getting ready to
• move it out on the road. He didn't even care! He just kept backing up to my car and lifted
it up! I was super ticked! He told me if I didn't pay him 40 dollars cash right then and
:there that he would take my car and I would have to pay 100 dollars to get it back! I
calmly tried to negotiate with the man and he was the biggest jerk to me. So I ran
upstairs and asked all of my roommates for their spare change and paid the man. The
next day I went in and told the managers, they didn't care. So I had my dad call the
managers, they didn't care. So my dad called the tow guys and said a few choice words.
This has got to end! From Hailey Clark
16. ya my boy Jeremy n me were chillin at the ridge and it was about 12:00 so we jetted
outside and the AA guy was backed up to jeremy's subaru. he didnt have anything
hooked up yet, and it was not off the ground. the AA guy made Jeremy pay em 40
bones to just move outta the way when his car wasn't even in the air at all. can ya
believe that? and the AA guy said that if he didnt give him 40 bucks cash that he'd hook
it up and tow it away. so. of course we paid him and he smiled and left. From Parker
Thueson
17. This guy has tried to tow me from Birch Plaza twice. The first time I probably deserved it
because I had been parked in the "reserved" spot for a while but he was a really big jerk
because he wouldn't take my check, credit, or debit cards ... even though his ad in the
phone book says he does. He made my friend drive me to the store to get cash to pay
him. He said I legally had 15 minutes but he was giving me 10 because I wasted his time
with my crying. The second time I was dropping my friend off and did not even turn my
car off.► He hooked it up to his truck as I asked him to stop because I was right there. He
called me a "spoiled selfish brat who thinks she is better than everyone else and can
• park where ever she wants" and then made me pay him 80 bucks! I think that was very
rude and extremely uncalled for. People don't treat other people that way- especially
"customers "! From Jenni Skalla
18. 1 got towed out of my own parking lot by these guys, it was a pain. From Kari Harlow
19. It was at the Ridge and the parking lot was mostly empty. At the time, I looked up the city
ordinance regulating towing and booting and it prohibits predatory towing and booting,
which is defined as towing or booting when it is unnecessary. Since there were hardly
any cars in the parking lot at the time, towing my bro's car would be considered as that.
The guy should have just driven past the Ridge parking lot and realized that there were
plenty of open parking spaces and drove on by. However, he went into the parking lot
solely for the purpose of screwing my brother over and stealing his money by force.
From Nathanial Meyer
20. Sounds like you have a bit of a problem in Rexburg. Here is some advice, First check
the city ordinances for Rexburg on towing and booting fines, companies often charge
more than they are legally allowed under the guise that it is a negotiating tool. Too many
people do not know the max fine allowed for towing a car and they pay the fee asked of
them. Second check the ordinance for keeping a car or vehicle for money, technically
this is extortion and prohibited, In Arizona a towing company must release the vehicle
even without payment, again too many people do not know their rights, find out what
they are in Rexburg and educate the masses. Finally, the suggestion to starve the,tow
companies out by not parking in any apartment that one does not have a permit for is,
well, common sense. If I parked on a red curb, reserved spot, or any lot that requires a
permit, I do so at my own risk, I the driver of the vehicle parked where I was not allowed,
and thus leave myself exposed to any penalty under law. Not to get spiritual on you but
"mercy cannot rob justice" Nobody is expected to show mercy to students or anyone
• else, even in Rexbur . elcome to reality. From Nathan Marsala, an alumnus.
c Gj of ; CO
Novemberl5, 2007
• To the Mayor, City Council and Community Members-
I wish to address the predatory towing and booting practices that are occurring in
some off campus housing apartments in Rexburg. My concern is the high cost to naive
drivers who are not aware our law has zero tolerance and can be imposed within minutes
and while you are still with your car. If your car passes the 12" X 18" sign without a
permit, it is subject to towing or booting. This can be for any reason; picking up a date,
compassionate service, or even an out of state parent coming to graduation and looking
for a student in the middle of the day when the parking lot is half empty. (Please see
attached testimonies and alumni comments.)
If our towing and booting remains so ruthless, I would ask the city council to
adopt the same spirit by demanding substandard apartment complexes with inadequate
parking update or deny them licenses until they meet the current minimum parking
standards.
When I first heard of this problem a few months ago I could not believe it. The
more I researched the issue the more shocked I became. As a long haul truck driver, I see
corruption in California, Chicago, and hear of it in places where I have little hope of
changing it. However, this is something I feel obligated to address.
• My research has revealed there has already been a great deal of effort put into
solving this problem. The 2005 ORDINANCE 911 includes many good ideas and
components. Unfortunately the 9A exemption eliminates owner or manager involvement.
Three model examples of parking enforcement in our community are BYU- Idaho,
the Village apartments, and Rexburg Vision Center. All of these are long -term
operations, and use towing or booting but with no unfair treatment. because; they use
education and a graduated level of penalties. The parent who wants to find his/her child
isn't towed at a cost of $140 within minutes of passing a 12 "X 18" sign that says,
"parking by permit only, violators will be towed."
I am not against towing and booting for those who are being lazy, unsafe, or
ignore parking problems they know exist. The problem is the unfair treatment of new
students, visitors or first time offenders who see many empty spaces and did not notice
the sign posted.
The suggested solution is to adopt the 911 ordinance as it was refined and brought
out of committee in 2005 which includes...
1. Assigned parking permits which eliminates over selling of permits, and lets
tenants police there own parking spots to a large degree.
Airlines, music concerts, and sporting events have sadly learned open seating
leads to more problems than can be handled. Residential apartments use assigned
0
parking with visitor parking to avoid the very parking problems we have created
• by having open parking.
2. Allowing tow companies to contract with the apartment owner and to have the
authority to be their own police, judge and jury is also a big mistake and leads
to the hook and go horror stories we are hearing. A tow truck looking for a
pay check can be very creative.
3. The 911 ordinance needs to eliminate the 9a exemption which gives tow
companies the power to contract with the owner of the complex and to be in
complete control and implement profit driven techniques to enrich themselves
and outrage our community. I would like to ask All American Towing, Elite
Parking, and others how many cars they towed during Graduation ceremonies
or during the regional church conference last year. I hear it was over 100 cars
each day. A small percentage of people here that day, but a big pay day for a
tow company who gets $100 a pop, a $40 gate fee after 5:00pm and a $30 a
day storage fee.
The 2005 ordinance 911 has had many hours of work and concern put into its
development and we need to eliminate the 9a exemption which gives tow
companies cart blanch authority, and add back assigned parking places.
In an ideal world we would adopt the graduated scale of penalties used by
our model organizations. Consisting of good education, more signs with penalties
printed on the sign. Example, $50 boot, or $100 tow fee.
• Bring old apartments into the 21" century or convert them into businesses
that don't require someone else to provide for their parking needs.
•
•
Important contacts
City Council
Ferral Young 356 -3789
Randy Schwendaman 356 -0244
Chris Man 356 -9531
Bart Stevens 356 -7321
Donna Beheld 356 -8092
Rex Erickson 356 -4603
Adam Stout 359 -5352
0
Rich Woodland 356 -9673
• BYU -IDAHO
Steve Davis, Dir. Alumni Association 496 -2234
John Fisher, Off Campus Housing Coordinator 496 -1045
Kevin Miyasaki, Dean of Students 496 -3240
Bruce Hobbs, Public Relations 496 -1149
Garth Gunderson, Director of Security 496 -3000
Pres. Clarks Office 496 -2411
City of Rexburg
Mayor Larsen 359 -3000
Chief Archibald
Natalie Powell, Compliance officer
• Steve Zollinger, City Attorney
WWW.
�e.XBvRG- �rDwi »�,6j) GMgIL. �o.N1
• •
•
12 North Center
Rexburg, ID 83440
City Council
January 23,2008
blairk@rexburg.org Phone: 208.359.3020 x313
www.rexburg.org Fax: 208.359.3022
CITY 0 F
REXBURG
Americas Family Community
XFD
Date: January 23, 2008
City Council Item: 9 -C
Item: Update on swimming pool meeting at the Westwood
Initiated by: Sw immin g Pool Committee
Financial Impact: N/A Budgeted: N/A
Funding Source: N/A
A. Action Proposed: What is the next step?
Staff Analysis:
Public input at the Westwood Theatre meeting reviewing three options for a swimming pool design.
•
C
1
City Council y���a,,��
CITY OF
January 23, 2008 � '� REXBURG
12 North Center blairk @rexburg.org Phone: 208.359.3020 x313 A) iericakFamityCommunity
Rexburg, 1D 83440 www.rexburg.org Fax: 208.359.3022
Date: January 23, 2008
City Council Item: 9 -D
•
Item: Resolution 2008 — 02 (Street Cross Section to include "ribbon curbing" for RR2)
Initiated by: Engineering
Financial Impact: N/A Budgeted: N/A
Funding Source:, N/A
A. Action Proposed: Approve Resolution 2008 — 02
Staff Analysis:
A RESOLUTION AUTHORIZING THE AMENDMENT OF THE STREET CROSS SECTION FOR
RURAL RESIDENTIAL TWO (RR2) ZONE IN THE CITY OF REXBURG.
WHEREAS, the City of Rexburg has adopted street and right -of -way cross section)
standards; and
•
1
' • 0
r1
�J
RESOLUTION NO. 2008 - 02
A RESOLUTION AUTHORIZING THE AMENDMENT OF THE STREET CROSS SECTION
FOR RURAL RESIDENTIAL TWO (RR2) ZONE IN THE CITY OF REXBURG.
WHEREAS, the City of Rexburg has adopted street and right -of -way cross section
standards; and
WHEREAS, typical street cross sections of proposed streets show widths of roadways,
cures iocatlon and vv'.dths of sidewalis and the location and si— of utility ma in s • and
J
WHEREAS, concrete edge curbing is required to maintain the edge of street pavement
avoiding premature street damage; and
WHEREAS, right -of -way cross section design standards have been created to provide safe
and secure streets requiring minimal maintenance; and
WHEREAS, Rural Residential Two (RR2) Zoning does not require adequate street curbing,
NOW THEREFORE, be it resolved by the Mayor and City Council of the City of Rexburg,
that the City of Rexburg hereby amends the street cross section for Rural Residential Two
• (RR2) Zone by the addition of ribbon curbing to the street cross section shown as "Exhibit A"
attached, for the Rural Residential Two (RR2) Zone.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS DAY
OF January 2008.
DATED this day of , 2008
CITY OF REXBURG
Madison County, Idaho
ATTEST:
SE
Shawn Larsen Blair D. Kay
Mayor City Clerk
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