HomeMy WebLinkAboutMULT DOCS - 08-00021 - Beartooth Development - Approx. 120 W 4th S - Rezone to CBC5
A & Rezone Application q, C I T Y OF
City of Rexburg -- - -- - - --
REX
12 North Center Phone: 208.359.3020 Americus Family Community
Rexburg, ID 83440 www.rexburg.org Fax. 208.359.3022 1 r.
Note: A pre - application conference with staff is required prior to the submittal of this applicid' o-ii ,r_ }
Contact Community Development at 359 -3020 x334 for details.
Fee(s) Paid: Yes /No Anfr6wion: $250.00
Publication Fee: $250.00- c�
�r Rezone Fee: $ o U
Current Zone: / � j� R � Q i
Requested Zone: t
Application `f Informati
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Applicant: A 'J1 *-" f Z Phone: '. O ( — 09
❑ Owner ❑ Purchaser M<essee
Applicant's Address: P. O. &o X 6 O b City /ST /Zip: X fA b .2 o. 33y
Recorded Owner: 6eu r - oo 1k De ✓e to pzweet4 L L Phone:
Recorded Owner's Address: P . ®, 13 T 6 y City /ST /Zip: Lc o, 3'4
Contact Person Of different from above): Phone:
Address of Subject Property: 4, -WLZU W .C- /-11 -A Sb A�
t9!� 6 `
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number:
Quarter:
Annexation Fee $250.00
Section:
Rezone Fees
Less than 1 acre: $500.00
More than 1 P acre, less than 5: $850.00
5 to 10 acres: $900.00
Date of Notice:
Township:
Publication Fee $250.00
Range:
Total Fees Due $
Over 10 acres, less than 20: $1500.00
20 acres and over. $2500.00
Zoning Verification Letter: $25.00
Date of Public Hearing:
1
0 0
Development Information
1. Size of Property o 37 acre-5 Square Feet (or) Acres
2. How is the property now used? IV 14 V ez C 6L .z f
3. How are the adjoining properties used?
North: ,4p --;'
South: ft_ct,- -{.,.,, er;9s
East: C a M „?e' -c et /
West: eo --c ruel /
4. Are there any existing land uses in the general area similar to the proposed use? If yes, what are they, and where
are they located? �9 S, Sv . t.-,; C s t 0+ p o l ies 4 - k . S e c:- v L', .S
Y - a le s
l e) C -'L ( -rJ f* V Str a mof/
5. On what street(s) does the property have frontage?
6. Why are you requesting annexation into the City of Rexburg? Al / 19
7. What use, building or structure is intended for the property? P s i 4q
8. Will this annexation have an impact on the schools? A/ / /9
9. Are water and sewer facilities, streets, fire and police presently serving this area?
10. Are City services adequate to serve any future development proposed?
11. Will measures be proposed to assure that public facilities and services will be added? A//
12. Is the site large enough to accommodate the proposed uses, parking, and buffering requited?
0
13. Is the area currently sub - divided or going to be sub - divided? Al 0
14. Any additional comments?
Note: When an application has been submitted, it will be reviewed in order to determine compliance with
application requirements. It will not be processed if it is not complete. A hearing date will be scheduled only
after an application has been accepted as complete.
1. A formal traffic study will be required for a retail sales area more than 75,000 feet; Schools for more than
100 students; Apartment complex with 50 apartments or more.
2. Before annexation, the person or firm applying for annexation will agree to certain things: Curb and gutter,
streets, signaling, water and sewer, property sizing and location.
Signature of Applicant Date: �_ f 1
1 N( � 2
ALLIAN
ESCROW
P.O. BOX 732
FILE No. 5365NI REXBURG, ID 83440 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 the following described real estate situated in MADISON County, State of Idaho, to wit:
l l?0 BOX 2364, IDAHO FALLS, ID 83404
Tract I: 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 II: 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 1 .3 2005.
C IG D OUN'DY
STATE OF IDAHO l THIS SPACE FOR COUNTY RECORDERS USE ONLY
COUNTY,Q(y,BONNEVILLE f ss
On this day of October, 2005, before me, the Instrument # 328878
undersigned, a Notary Public in and for the State, REXBURG, MADISON, IDAHO
p ersonally ap CRAIG D. ROUNDY and Recor .15 04:11:00 E I of E39R W
p y pp Recordee tar : ALLIAN TITLE AND ESCRO
MAJKEN ROUNDY, known or identified to me to be the MARILYN R. RASMUS N F (3.00
person(s) whose name(s) is/are subscribed to the within Ex Otnclo Recorder
instrument and acknowledged to me that he executed the
Notary Vublic 0 TA A r '•M _
Residing at: Idaho Falls, Ida o * 4ip-
My Commission Expires: 1111/06 t 1P (� 8 L rt C
Idaho Title & Trust, Inc.
400 Memorial Drive, PO BOX 50367, Idaho Falls, ID 83402
SOTS Vision Form SDD07ID Rev. 060357
i r
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 Madison
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 record owner of the property described on the attached, and I grant my
permsssion to: c'16 rr r �'�l?
Name Address
to submit the accompanying application pertaining to that property.
B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any
claim or liability resulting from any dispute as to the statements contained herin or as to the
ownership of the property which is the subject of the application.
Dated this day of .20
�i
ZZ
Signature
Subscribed and sworn to before me
�Q �� • "0
AN
lo
;�o
My commission expires
4
d9' - "?3 r'--3
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
;04 pex a up `7
0
CITY O F
REXBURG America's ramify Community
Beartooth Development
Approximately 120 W. 4 S. - Old Craigo's Building
Rezone
I. On January 10, 2008, Ryan Houtz presented to the City of Rexburg Planning & Zoning
Coordinator a request and application for a zone change for the property located at
approximately 120 W. 4` S. from High Density Residential One (HDR1) to Community
Business Center(CBC).
2. On January 11, 2008, the City Clerk sent the Notice of Public Hearing to be published in the
local newspaper for January 19, 2008 and February 2, 2008. A notice was posted on the
property and sent to all property owners within 300 feet of the above mentioned property.
3. On February 7, 2008, Ryan Houtz presented to the Planning & Zoning Commission for the
City of Rexburg the Request for a Rezone for the property located at approximately 120 W.
4` S. from High Density Residential One (HDR1) to Community Business Center (CBC).
Dan Hanna motioned to recommend to City Council to approve the zone change from
HDR1 to CBC at approximately 120 W. 4 r '' S. Mary Ann Mounts seconded the motion.
None opposed. Motion carried.
4. 7:30 P.M. — Rezone — Beartooth Development — Craigo's Building (HDR1 to CBC)
Bryan Houtz is leasing the old Craigos building. They are proposing to rezone the lot to
commercial. The Comprehensive Plan has been changed to Commercial. They are a
satellite TV and internet business.
Mayor Larsen opened the public hearing for public comment.
Those in favor of the proposal: Applicant
Those neutral to the proposal: None
Those in opposition to the proposal: None
Mayor Larsen closed the public hearing.
Council Member Erickson said it has always been used for a business. This is a cleanup
request.
Council Member Erickson moved to approve the Rezone of Beartooth Development
— Craigo's Building from HDR1 to CBC; Council Member Stout seconded the motion; all
voted aye, none opposed. The motion carried.
9 NOTICE OF PUBLIC HEARINI
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before City Council of the City of Rexburg,
Idaho, Wednesday, March 05th, 2008 at 7:30 p.m., in the City Council Chambers of the City Building at 12 North
Center, Rexburg, Idaho, regarding a zone change from High Density Residential One (HDR1) to Community
Business Center (CBC).
On February 07 2008, the Planning and Zoning Commission recommend to City Council to approve the zone
change from HDR1 to CBC at approximately 120 W. 4 S.
The city code governing this request is ORDINANCE No. 926
"DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO"
(ADOPTED FEBRUARY 16th, 2005) and Amended 7/06/2005; 5/07/2007; 7/03/2007
The said parcel is located at approximately 120 W. 4th S. in Rexburg, Madison County, Idaho, and more particularly
described as follows:
Tract I: 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 II: 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.
At such hearing City Council will hear all persons and all objections and recommendations relative to such
proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on March 04th,
2008.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments
thereof.
DATED this 13 day of February, 2008.
,
::SEA
sheaf/ir/mnn 16 2008
March 01 gt, 2008
CITY OF REXBURG
Blair D. Kay, City Clem _
r M
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning
Commission of the City of Rexburg, Idaho, Thursday, February 7 2008 at 7:15 p.m., in the City
Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone
change from High Density Residential One (HDR1) to Community Business Center (CBC).
The city code governing this request is ORDINANCE No. 926
"DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO"
(ADOPTED FEBRUARY 16th, 2005) and Amended 7/06/2005; 5/07/2007; 7/03/2007
The said parcel is located at approximately 120 W. 41 S. in Rexburg, Madison County, Idaho, and
more particularly described as follows:
Tract I: 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 II: 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 comer 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.
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposed permit. The City Clerk will also accept written
comments at City Hall prior to 4:00 p.m. on February 06th, 2008.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all
amendments thereof.
DATED this 11th day of January, 2008.
RPOR.4 -..
AL.
6Fn� 0
Published: January 19t1, 2008
February 02nd, 2008
CITY OF REXBURG
iA
Blair D. Kay, City Clerk-