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HomeMy WebLinkAboutALL DOCS - 08-00155 - Comprehensive Plan Amend- June 2008 - John Millar"� ¢E7lBUg 9 `N� O C IT Y OF REXBUR V America's Family Community PLANNING AND ZONING DEPARTMENT 12 N. Center (PO Box 280) Phone: 208 - 359 -3020 x312 Rexburg, Idaho 83440 Fax: 208-359-3022 www.rexburg.org emiIya(a)rexburg.org Comprehensive Plan Amendment Application 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: 60 t-1 r' Address: Eb 1 7-1-t G ire c (...E Phone: 3 3 0Z a C XT 3 Z2 Mobile: 7/& / 1. Does the amendment request(s) concern a specific property? Yes C 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 _)C 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). 10 a /4 in 6. Provide proposed amendatory language. Attach separate sheet(s) if necessary. � H14�I Gc- aYl/�P Fitiorr� n- �or�c:�9� - !-/i�Stf 1�cN5/T`P Ty 2,�r•0�csm �p 7. Explain the reason(s) for this amendment proposal. u .d a.. /6- C G a A= h� , i r o dnt i ' -; min 9" i 6C . - z..�z� id- - T - 0 0- on5 rx4Ce.7" 7=o/e e_e(+ZtT N U 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 K . If yes, briefly explain why (if known): b. Explain how the amendment advances the goals and policies of the Comprehensive Plan: NCI L w a F Trr 1iZoocx 1'7 / s 4L tZ_L-.4,c7 �0k7g /:V Trls�liLST/� /• �n�r� �i't /5 Lt90�� -�° 7 c. What are the cumulative effects of this proposed amendment to the Comprehensive Plan: Signature of Applicant Of W. Date /1-97/-07 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 o ne . Signature of Agent: — Date: V Print Name: o H N Phone: '7/ 2 `a Madison County / City of Rexburg GIS Page 1 of 1 `'" A � I IL ? iL I pot CIO 4, r a f - DISCLAIMER: This map is intended for display purposes only and is not intended for any legal representations. http : / /gi s/i ntranet/arci m s /pri ntab l e. aspx ?MapURL =http : / /agentsmith/output/arcIM S_agen ... 11/21/2007 0 i WARRANTY DEED For value received: Dale J. Hope and Deanne Hope, husband and wife Of: 40 E. Main, Parker, Idaho 83445 Hereafter called SELLER hereby bargain, deed and convey to: JOHN MILLAR Of: 523 Edith Circle, Rexburg, Idaho 83440 hereafter called BUYER, the following described real property located in Madison County, Idaho: The South 10 Rods of the West 3 Rods of Lot 1 Block 8 of the Original Rexburg Townsite in Madison County, State of Idaho. TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee, heirs and assigned forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that he/she is /are the owners in fee simple of said premises; that they are free from all encumbrances: Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights -o -way, apparent or of record. Dated: 4� ? D� A � . "T R-. 10 1 - •�- State of Idaho Ss. County of Madison Instrument # 338726 REXSUR% MADISON. IDAHO 2007 -0741 11:08:00 No. of Paws: Recorded for: JOHN MIL : 3.00 MARILYN R. RASMUSSE Ex-ORfclo Recorder On this — day of March 2007, personally appeared before me, DALE J. HOPE AND DEANNE HOPE, husband and wife, personaily known to me to be the person(s) whose names are subscribed to the within instrument, and acknowledged that he /she executed the . � Residing at: �Il/f�1 �•� t My Commission Expires: 3_ SL 't�yLO11 0 0 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022 -f, r� C IT Y OF REXBURG America's Fam ill Commuuit✓ Comprehensive Plan/ Land Use Amendment John Millar 1. On November 21, 2007, John Millar presented to the Rexburg City Planning & Zoning Coordinator a Request for a change in the Comprehensive Plan Map (Area 1 08 00155). 2. On June 26, 2008, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for July 2, 2008 and July 12, 2008. A notice was posted on the property at 336 W. 3` N. on July 10, 2008. 3. On July 17, 2008, the Areal for John Millar was presented by him to the Rexburg Planning & Zoning Commission. Riche Webb recommended approval to City Council to change the land use for 336 W. 3` N. from Moderate -high residential to Industrial. Randall Porter seconded the motion Those in favor: Winston Dyer Ted Hill Thaine Robinson David Stein Randall Porter Mike Ricks Charles Andersen Josh Garner Richie Webb Motion Carried. Those opposed: Dan Hanna 4. On September 03, 2008 Council Member Stevens moved to accept the preferred Land Use Map dated September 3` 2008 with the land use changes as presented and discussed including the following: "Area 1" currently designated as "Moderate -High Density Residential' as shown on the City of Rexburg Preferred Land Use Map be changed to "IndustriaP': "Area One" was recommended by Planning and Zoning for approval to City Council. A) Area 2: at 208 E. 3` S. from "Low- Moderate Residential" to "Moderate -High Residential Density "; and 0 B) Area 4 : from "Low- Moderate Residential' to "Mixed -Use" 0 including 29 South 2 " East, 35 South 2 nd East, 45 South 2 " East, 228 East Main, 219 East 1" South, and Located directly behind home at 219 East 1 St South: 1. 29 South 2 " East: 2. 35 South 2 "d East: 3. 45 South 2 nd East: 4. 228 East Main: 5. 219 East 1 St South: 6. Located directly behind the home at 219 East 1 St South: 7. Located directly behind the home at 29 South 2 " East: 8. Located directly behind the home at 35 South 2 "d East: 9. Located directly behind the home at 45 South 2 nd East: 10. Located directly behind the home at 55 South 2 " East: 11. Located directly behind the home at 65 South 2 " East:; C) The Benfield Property revert back to Highway Commercial on 2 nd East adjacent to West Moran View Road; Council Member Stout seconded the motion; Discussion: Council Member Erickson indicated Area One and Area Three would need to be included. Those changes were included on the map. Council Member Mann stated he was in agreement with the land use change for the Benfield property and some of the other changes by the City Council; however, he felt some of the changes were a mistake to some of the neighborhoods. People made themselves very clear and expressed how they feel in opposition to Area 2 and Area 4. The City Council is going right against what they asked the City Council to do; and now the City Council is making a change, especially at the Nef house. If the neighbors knew the City Council would do this tonight, they would be here in force to let their feelings be know. He felt the neighbors walked away from the meeting the other night thinking it was the end of the public hearing. He was unsure if all the neighbors had been notified of the meeting here tonight; that this was going to come again for a change. They were aware of the proposed change and they were against turning homes into apartments in their neighborhood. If he votes nay, he wanted the City Council to know which two properties he was voting against. He felt they were taking tools away from the local neighbors to have more input into that change. Mayor Larsen called for a vote: Those voting Aye Council Member Erickson Council Member Schwendiman Council Member Stevens Council Member Stout Council Member Woodland Those voting Nay Council Member Mann The motion carried. 2 • August 5, 2008 Dear City Council Members: • This letter is with regard to the public hearing to amend the comprehensive plan and the comprehensive plan map for the city of Rexburg to be held August 6, 2008. Specifically, we would like to address Area 1: (Located in the City of Rexburg) 336 W 3" N which is the South 10 Rods of the West 3 Rods of Lot 1 Block 8 of the Original Rexburg Townsite in Madison County, State of Idaho. The proposal is to change this tract of land from "Moderate -High Density Residential" to "Industrial." We are for cleaning up that lot. We understand that the use will be for a personal shop by the owner which will be built. Also, we understand that the owner will build items at his shop and sell them elsewhere. We are fine with that as well. We do have a concern that if the owner is building items at his shop and selling them there, the increase of traffic at that corner could become unsafe. Already there are large trucks which take that corner as well as the whole of Third North Street faster than necessary. To add a great deal more traffic due to a business selling items from the shop would increase the possibility of accidents with other vehicles as well as with neighborhood children who are often on their way to the Nature Park. We ask for your consideration with this land use change to keep in mind these differences with repercussions in having a shop to build items versus having a shop to build and sell items on site. Thank you for your time and your considerations. Sincerely, Rich and Tammy Geddes • Planning and Zoning Department R$�R�,e �o CITY OF STAFF REPORT � o n T. mG 1t�X V 1G 12 North Center garyl@rexburg.org Phone: 208.359.3020x314 c� ~�. �.� Ame&4 Family Community Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3024 SUBJECT: Comprehensive Plan Map Amendments, files # 08 00155, 08 00166, 08 00160, 08 00218 APPLICANT: Various, See Packet Materials PROPERTY OWNER: Various, See Packet Materials PURPOSE: Requests to amend the comprehensive plan map. PROPERTY LOCATION: Various, see packet material 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) Area #1 (File #08 00155) John Millar Request is to change from Moderate -High Density Residential to Industrial Current Comprehensive Plan Designation: Moderate -High Density Residential Draft Comprehensive Plan Map Designation: Medium Density Residential North side of intersection of W 3 North, and N 3 West. Items to consider 1) The parcel is bisected by an irrigation canal. 2) The parcel is currently zoned Low Density Residential 2 (LDR2). 3) There are no other parcels in the vicinity that are designated as industrial on the current and proposed comprehensive plan maps. This would be an island, or spot designation of industrial land use. 4) The parcel is surrounded by a canal and industrial use to the north, a parking lot to the east (city approval not determined at this time), and single - family residences to the south. 5) Area of subject property is approximately 0.19 -acres (8,167 square feet). Area #2 (File 408 00166) Evan Nef Request is to change from Low - Moderate Residential to Moderate -High Residential Current Comprehensive Plan Designation: Low- Moderate Residential Density Residential Draft Comprehensive Plan Map Designation: Low Density Residential Page 1 6 0 Items to consider 1) The parcel is directly adjacent to the BYU -I campus. 2) The parcel is currently zoned Low Density Residential 2 (LDR2). 3) The parcel is 0.35 -acres (15,408 square feet). Area #3 (File #08 00160) Hemming Properties Moderate -High Residential to Mixed Use (properly on the north) Commercial to Mixed Use (property to the south) Current Comprehensive Plan Designation: Commercial (property on the north), Moderate -High Density Residential (property to the south). Draft Comprehensive Plan Map Designation: Downtown Commercial (property on the north), High Density Residential (property to the south). Items to Consider 1) These parcels are contiguous with the recently redesignated Mixed Use areas. 2) The property to the north is currently zoned Medium Density Residential 1 (MDRI).The property to the south is currently zoned is currently zoned High Density Residential 1 (HDRI). 3) Area of the subject property is approximately 0.40 -acres (17,813 square feet) on the north and 1.1 -acres (47,931 square feet) for the property on the south. Area #4 (File #08 00218) Leeacy Leasing Low - Moderate Residential Density to Mixed Use Current Comprehensive Plan Designation: Low - Moderate Residential Density Residential Draft Comprehensive Plan Map Designation: Low Density Residential 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, which has created a good variety of uses under existing zoning. 2) A mixed use designation may suggest greater traffic generators in the future, which should be considered given the location along 2 nd East. 3) Total area of subject property is approximately 1.5 -acres (69,107 square feet). Page 2 0 4 NOTICE OF PUBLIC HEARING TO AMEND THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE PLAN MAP FOR THE CITY OF REXBURG NOTICE IS HEREBY GIVEN that a Public Hearing will be held 17th July, 2008, at 7:05 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 document 2010; and the Comprehensive Plan Map. The proposed changes to the Comprehensive Plan and Comprehensive Plan Map are changes recommended by the planning consultants: (Cooper, Roberts, Simonsen Associates 700 North 200 West, SLC, UT). The proposed Map changes are located inside the City of Rexburg. In addition, there are four applications to change the Comprehensive Map as described below including the associated legal descriptions for each area. Item One: Amend Comprehensive Plan Document 2010 to Comprehensive Plan Document 2020. 2008 Proposed Land Use Changes: Item Two: Amend Comprehensive Plan Map as proposed by (Cooper, Roberts, Simonsen Associates) Item Three: Amend Comprehensive Plan Map as proposed by applicants as describe below: Area 1 (Located in the City of Rexburg) 336 W. 3rd N. It is proposed that the following tract of land currently designated as "Moderate -High Density Residential' as shown on the City of Rexburg Preferred Land Use Map be changed to "IndustriaP'; said property more particularly described as follows: The South 10 Rods of the West 3 Rods of Lot 1 Block 8 of the Original Rexburg Townsite in Madison County, State of Idaho. Area 2: (Located in the City of Rexburg) 208 E. P S. 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: Commencing at the Northwest corner of Lot 1, Block 16, of the Rigby addition to the City of Rexburg, Madison County, Idaho, and running thence South 144 feet; thence East 110 feet; thence, North 144 feet; thence West 110 feet to the place of beginning. Less: The East 3 feet of the above described property. 0 0 Area 3: (Located in the City of Rexburg) 130 W. 1St S. and 226 S. 1 81 W. It is proposed that the following tract of land currently designated as "Commerciar' as shown on the City of Rexburg Preferred Land Use Map be changed to "Mixed Use ", said property more particularly described as follows: Describes addresses 130 W. 1st S. and 124 W. 1st South Parcel 1: Commencing 165 feet West of the Southeast Corner of Lot 4, Block 40 of the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, said point being the Point of Beginning; and running thence West 108.00 feet; thence North 165.00 feet; thence East 108.00 feet thence South 165.00 feet to the Point of Beginning. Parcel 2: Commencing at the Northeast corner of Lot 1, Block 54 of the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, said point being the Point of Beginning; and running thence West 165.00 feet; thence South 156.75 feet; thence West 148.50 feet; thence South 74.25 feet; thence East 313.50 feet; thence North 231.00 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 "Low- Moderate Residential" as shown on the City of Rexburg Preferred Land Use Map be changed to "Mixed- Use ", said property more particularly described as follows: A. Legacy Leasing: 29 South 2 "d East, 35 South 2 " East, 45 South 2 " East, 228 East Main, 219 East 1 St South, and Located directly behind home at 219 East 1 St South 1. 29 South 2 °d East: Commencing at a point 13 rods South of the Northwest corner of Lot 1, Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 110 feet; thence North 49 Meet; thence East 55 feet; thence South 99 feet; thence West 165 feet; thence North 49 % feet to the point of beginning. 2. 35 South 2 °d East: Commencing at a point one rod N. of the SW corner of Lot One in Block One of the Rigby Addition to the City of Rexburg, as per the recorded plat thereof, and running the N. three rods: thence E. ten rods; thence S. three rods; thence W. ten rods to the.place of beginning. 3. 45 South 2 °d East: Commencing at the Northwest corner of Lot 8, Block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho as per the recorded plat thereof, and running thence South 74.25 feet; thence east 165 feet; thence North 90.75 feet; thence West 165 feet; thence South 16.5 feet to the point of beginning. 4. 228 East Main: Commencing at the Northwest corner of Lot 2 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence South 214.5 feet; thence East 66.75 feet; thence North 214.5 2 feet; thence West 66.75 to the point of beginning. 5. 219 East 1 St South: Commencing at a point 7 rods East of the Southwest corner of Lot 8, Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 3 rods, thence North 10 rods, more or less to the South bank of the Rexburg City Ditch of Canal; thence Westerly along the South Bank of the said canal a distance of3 rods, more or less; thence South 10 rods, more or less, to the point of beginning. 6. Located directly behind the home at 219 East 1 St South: Commencing at a point 74.25 feet South and 112 feet East of the Northwest Corner of Lot 8, in Block 1 of Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 53 feet, thence South 90.75 feet, thence West 53 feet, thence North 90.75 feet to the point of beginning. 7. Located directly behind the home at 29 South 2 °d East Commencing at a point 214.5 feet south of the northwest corner of Lot 2, Block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence south 99 feet; thence east 90.75 feet; thence north 148.5 feet; thence west 24 feet; thence south 49.5 feet; thence west 66.75 feet to the point of beginning. 8. Located directly behind the home at 35 South 2 °d East Commencing at a point 16.5 feet north of the southwest corner of Lot 2, Block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence south 55 feet; thence east 66.75 feet; thence north 55 feet; thence west 66.75 feet to the point of beginning. 9. Located directly behind the home at 45 South 2 °d East Commencing at a point 38.5 feet south of the northwest corner of Lot 7 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho as per the recorded plat thereof, and running thence south 68.5 feet; thence east 66.75 feet; thence north 68.5 feet; and thence west 66.75 feet to the point of beginning. 10. Located directly behind the home at 55 South 2 °d East Commencing at the SW corner of Lot 7 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho as per the recorded plat thereof, and running thence north 160.5 feet to the point of beginning; thence north 60 feet; thence east 66.75 feet; thence south 60 feet; thence west 66.75 feet to the point of beginning. 11. Located directly behind the home at 65 South 2 °d East Commencing at a point 120 feet north of the southwest corner of Lot 7 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 68, feet; thence north 30 feet; thence north 10.5 feet; thence west 68 feet; thence south 40.5 feet to the point of beginning. 3 It is proposed to review the current Comprehensive Plan and Comprehensive Plan Map and consider making amendments to the Comprehensive Plan and the Comprehensive Plan 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 and Comprehensive Plan Map revisions that will be proposed. The Planning and Zoning Commission encourages all City residents to participate in the process to amend the Comprehensive Plan and 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 the 16th of July, 2008. 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. DATED this 26 day of June, 2008. CITY OF REXBURG Blair D. Kay, City Clerk 2008 July 12th, 2008 4 #b 0 NOTICE OF PUBLIC HEARING TO AMEND THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE PLAN MAP FOR THE CITY OF REXBURG NOTICE IS HEREBY GIVEN that a Public Hearing will be held 61h August, 2008, at 7:20 p.m. in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, before the City Council of the City of Rexburg, Madison County, Idaho, to consider amending the current Comprehensive Plan document 2010; and the Comprehensive Plan Map. The proposed changes to the Comprehensive Plan and Comprehensive Plan Map are changes recommended by the planning consultants: (Cooper, Roberts, Simonsen Associates 700 North 200 West, SLC, UT). The proposed Map changes are located inside the City of Rexburg. In addition, there are four applications to change the Comprehensive Map as described below including the associated legal descriptions for each area. Item One: Amend Comprehensive Plan Document 2010 to Comprehensive Plan Document 2020. 2008 Proposed Land Use Changes: Item Two: Amend Comprehensive Plan Map as proposed by (Cooper, Roberts, Simonsen Associates) Item Three: Amend Comprehensive Plan Map as proposed by applicants as describe below: Area 1 (Located in the City of Rexburg) 336 W. 3rd N. It is proposed that the following tract of land currently designated as "Moderate -High Density Residential' as shown on the City of Rexburg Preferred Land Use Map be changed to "Industrial "; said property more particularly described as follows: The South 10 Rods of the West 3 Rods of Lot 1 Block 8 of the Original Rexburg Townsite in Madison County, State of Idaho. Area 2: (Located in the City of Rexburg) 208 E. P S. 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: Commencing at the Northwest corner of Lot 1, Block 16, of the Rigby addition to the City of Rexburg, Madison County, Idaho, and running thence South 144 feet; thence East 110 feet; thence, North 144 feet; thence West 110 feet to the place of beginning. Less: The East 3 feet of the above described property. Area 3: (Located in the City of Rexburg) 130 W. 1St S. and 226 S. 1St W. It is proposed that the following tract of land currently designated as "Commercial" as shown on the City of Rexburg Preferred Land Use Map be changed to "Mixed Use ", said property more particularly described as follows: Describes addresses 130 W. 1St S. and 124 W. 18t South Parcel 1: Commencing 165 feet West of the Southeast Corner of Lot 4, Block 40 of the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, said point being the Point of Beginning; and running thence West 108.00 feet; thence North 165.00 feet; thence East 108.00 feet thence South 165.00 feet to the Point of Beginning. Parcel 2: Commencing at the Northeast corner of Lot 1, Block 54 of the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, said point being the Point of Beginning; and running thence West 165.00 feet; thence South 156.75 feet; thence West 148.50 feet; thence South 74.25 feet; thence East 313.50 feet; thence North 231.00 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 "Low- Moderate ResidentiaP' as shown on the City of Rexburg Preferred Land Use Map be changed to "Mixed- Use ", said property more particularly described as follows: A. Legacy Leasing: 29 South 2 nd East, 35 South 2 nd East, 45 South 2 „d East, 228 East Main, 219 East 1 St South, and Located directly behind home at 219 East 1 St South 1. 29 South 2 nd East: Commencing at a point 13 rods South of the Northwest corner of Lot 1, Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 110 feet; thence North 49 1 /2 feet; thence East 55 feet; thence South 99 feet; thence West 165 feet; thence North 49 t /2 feet to the point of beginning. 2. 35 South 2 °d East: Commencing at a point one rod N. of the SW corner of Lot One in Block One of the Rigby Addition to the City of Rexburg, as per the recorded plat thereof, and running the N. three rods: thence E. ten rods; thence S. three rods; thence W. ten rods to the place of beginning. 3. 45 South 2 "d East: Commencing at the Northwest corner of Lot 8, Block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho as per the recorded plat thereof, and running thence South 74.25 feet; thence east 165 feet; thence North 90.75 feet; thence West 165 feet; thence South 16.5 feet to the point of beginning. 4. 228 East Main: Commencing at the Northwest corner of Lot 2 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat 2 6 0 thereof, and running thence South 214.5 feet; thence East 66.75 feet; thence North 214.5 feet; thence West 66.75 to the point of beginning. 5. 219 East 1St South: Commencing at a point 7 rods East of the Southwest corner of Lot 8, Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 3 rods, thence North 10 rods, more or less to the South bank of the Rexburg City Ditch of Canal; thence Westerly along the South Bank of the said canal a distance of3 rods, more or less; thence South 10 rods, more or less, to the point of beginning. 6. Located directly behind the home at 219 East 1 St South: Commencing at a point 74.25 feet South and 112 feet East of the Northwest Corner of Lot 8, in Block 1 of Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 53 feet, thence South 90.75 feet, thence West 53 feet, thence North 90.75 feet to the point of beginning. 7. Located directly behind the home at 29 South 2 " d East Commencing at a point 214.5 feet south of the northwest corner of Lot 2, Block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence south 99 feet; thence east 90.75 feet; thence north 148.5 feet; thence west 24 feet; thence south 49.5 feet; thence west 66.75 feet to the point of beginning. 8. Located directly behind the home at 35 South 2 °d East Commencing at a point 16.5 feet north of the southwest corner of Lot 2, Block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence south 55 feet; thence east 66.75 feet; thence north 55 feet; thence west 66.75 feet to the point of beginning. 9. Located directly behind the home at 45 South 2 " d East Commencing at a point 38.5 feet south of the northwest corner of Lot 7 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho as per the recorded plat thereof, and running thence south 68.5 feet; thence east 66.75 feet; thence north 68.5 feet; and thence west 66.75 feet to the point of beginning. 10. Located directly behind the home at 55 South 2 " d East Commencing at the SW corner of Lot 7 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho as per the recorded plat thereof, and running thence north 160.5 feet to the point of beginning; thence north 60 feet; thence east 66.75 feet; thence south 60 feet; thence west 66.75 feet to the point of beginning. 11. Located directly behind the home at 65 South 2 " d East Commencing at a point 120 feet north of the southwest corner of Lot 7 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 68 feet; thence north 30 feet; thence north 10.5 feet; thence west 68 feet; thence 3 0 4 south 40.5 feet to the point of beginning. It is proposed to review the current Comprehensive Plan and Comprehensive Plan Map and consider making amendments to the Comprehensive Plan and the Comprehensive Plan 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 City Council will hear all persons and all objections and recommendations relative to the Comprehensive Plan and Comprehensive Plan Map revisions that will be proposed. The City Council encourages all City residents to participate in the process to amend the Comprehensive Plan and 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 the 51h of August, 2008. 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. DATED this 18th day of July, 2008. ORAP `O .............01 '10 .11 CITY OF REXBURG Blair D. Kay, City Clerk July 22 2008 August 2nd, 2008 0