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HomeMy WebLinkAboutALL DOCS - 12-00128 - 110 N 2nd E - Adams School - CUP to Keep Portable ClassroomCondifionql Use Permit City of Rexburg ; i ',,1 i'l l i' e.{ Address: REXBURG Ameica\ Family Community Al/+Mms , i!:x fnoc, I Name: City: Name: city or Rcxbufg Records vt*"s^lt' $450.00 5 nedak er/@ rn sd 97i'ca w st t"'.TN zip#Wr'on 2ltY'79--% /y) 6), t4le6 ct City: Property to be Covered by Permit: Address: 'u ?^d€Zone: Legal Description of the property (I-ot, Block, Addition, Division Numbet) s,"t", b zip,Kl@ CITY OF REXBURG *Please attach a site plan (11"x17') dnwn to scale and a uicinity map of the ptopeny to this application. Nature of Reque"st (Briefly explain the proposed use) Existing use of ptoperty: Will this have an impact on schools: Requirements for Granting Conditional Use Petmit The following information -i11 "iist the commission and city council to determine if your proposal will meet the requirements under the zoning otdinance' 1. What is the usage pef ? Ate the existing mains adequate to provide fire protection? 2.Vlbztis the estimated sewet usage per month? Will pretreatment be necessary? /)tut-, 3. What is the qltim4ted dailY industrial, ota home what will be the houts of oPemtion? on site?. Is an ls it at If so, will 5. \Yill storn watet drainage be new facilities be constructed? 6. If proposed use is residential, descdbe numbet i"d yP. "f fYt^runits' will this be student housing: multi- family f& yo*g families, singles and couples, or eldedy? 7. What provision has been made for firc protectio"l VT:t: building^flffthet than 150 feet from access sufficient in width is the nearest fire hydrant? Is any point of the fot fite fighting equiPment? Do the aisle widths and access points comply with the ordinance How much parking is being provided on-site? Has with the otdi for the City collection? at is the tyPe ted by tlre use?"r$flh", y. +1 72.\lhat/l the uses? Has b provided as any attquality permits t"qoit"d? Is dfut or olher dust cteating materials moved by open trucks or box cars? 14. Will the parking lots ot other outdoot atels have lighting? 15. Are passenger loading zones for such uses as daycar.e centers and schools provided? How is busing routed? Fot .o-ryr"t.i"l gsis, w.Jrete ate theJoadilg dgq|s? Is there-91ffcient \rye Pr truck pa*ing? addressing at least those applicable points will assist in processing your application' A ILOT (SITE) PL{,N MUST BE ATTACHED IN ORDER TO PROCESS THIS APPLICATION. Included on the plot plan please show setbacks, buildings, parking, etc' o Please submit 18 copies of the completed application and any othet documents you are submitting with it (site plan, vicinity map, affidavit of legal intetest, etc.) o All applications that are complete will be processed with due diligence and will be scheduled, dependent upon availability, for an upcoming agenda. o Formal notice will be sent to the applicant rfter approval of a Conditional Use Permit. Notice will state the 16.If *commercial, multi-family, or public assembly use, where is the neatest collector street? Arterial sfteet? The p&Z Commission ot City Council may address bthet points than those discussed above, but a narrative Affidqvit of Legol lnterest Cily of Rexburg Phone: 208.359.3020 Fox:208.359.3022 CITY OF REXBURG ct!, --..--_ Ame rica\ FamilY Co m muniql 35 North I't Eosl Rexburg, lD 83440 State ofldaho Countv of Madison www.rexburg.org /r. ','u. Wiit, Address rb State r, Being first duly su/orn upon oath, depose and say: (If Applicant is also Ownet of Record' skip to B) A. rhat r *h:.*Wil2f,'SilftWfp.nb.d Permission tt *"-" to submit the accompan)nng application pertaining to that proPerty' I agree to indemni$r, defend and hold Rexburg city and its employees harmless from any claim or liability ,.r"f,-g ftom any disputg.rti" fl" statements contained herein or as to the ownership of tit" ptop"t"ty which is the subiect of the application' 20,,2- B. Address fust above wtitten. "'.,,y;!P*',6{. Dated,r", 2 / Al- daY of Subscribed and sworn to befote Signature me the day -$ir,*iiiiz 'rrrrrri,,il,irrS Residing at: Conditional Use Permit Procedures The City of Rexbutg Zonng Otdinance designates cettain land uses in each ZonngDistrict which are allowed. These are listed in the ZonngOtdinance for each zone. The Planning &ZontngDepartment should be consulted if you have questions regarding whethet your proposal will need a Conditional Use Petmit (C.U.P.). If a C.U.P. is needed, please complete an application and submit it to the Planning &ZonngDepartnent, along with any other required documents at least 18 days pdor to a meeting. All applications that ate complete will be processed with due diligence and will be scheduled, dependent upon availability for an upcoming agenda. Application and public headng fees are requfued to be paid up ftont. Prior to ganting a conditional use, at least one Public Headng shall be held to give petsons an opporhrnity to be heard. The Planning &Zonngmeetings are held on the 1" and 3'Thursday of every month at 7:00 pm. The Planning & Zoning Coordinator will put the notice for the hearing in the newspaper at least 15 days prior to the hearing date, mail a copy to all the propetty owners within 300 feet, and post a notice on the property. After the Planning &ZonngCommission holds their hearing theywill make a tecommendation to the City Council. The City Council will take the Planning&ZonngCommission recommendation into consideration. If a headng is required before the City Council they will then take into considention otal and written testimony as well as the recornmendation ftom the Planning &ZonngCommission. A decision will be made by the City Council within the time frame allowed by Section 67-6511.Idaho Code. a. 5- -115l A:,:lilli:nrt I nriij !r: r-r P (1 , r:.i 7:' Rl 1: iUi;(;. | . rti, i, r,la{l It C \,. 1-h.i & . I l-1,'\rl t"tt 4 2 c h t'r. i REXBURG FIRST CORPORATION'OF THE CHURCFI OF JESUSI CHRIST OF LATTER-DAY SAINTS, a corporation sole, crantor, hereby conveys and warrants, onty against alL acts of itself, its successors and assfgns to the MADISON couNTy scHool, DISTRICT, crantee, for the srnn of Ten Dollars (910.00) and other good. and valuable consicieration, the following described tract of land situate in the Countv of Madison, State of ldaho, to-wit.: Conunencing at the Southwest corner of Lot 4, Block20 of the Rexburg Townsite, [ladi-son Counly, Idaho, as per the recorded plat thereof, and runnino thence West 165 feet; thence lJorth 222,75 fe6t;thence EasL L65 feet; thence llorth 107.25 feet;thence East 82.5 feet; thence South 165 feet; thence l4est 82.5 feet; thence South 165 feet to _ the point of beginning. SUBJECT yo a1l existing rights of record, ofpossession or of use, IN WITNESS WHEREOF, the said Grantor has hereto subscribed i- ts name this 19th day of lt4arch _, 1919. REXBURG FIRST CORPORAI'ION OF THE CHURCH OF JESUS CIIRIST OF LATTER-DAY SAIIITS, a corporation sole ,,-\ 'Au" ''t) 7,.>>'*/.-za. 27gt) BYi -,..-.,. r- -.------t. -. r;, Cdrboratioh SoIe O WARRAIITYSPECIAL DEEI) STATE OP IDAIIO ) :SS COUNTY OF MADISON ) On this 19th day of MarchMarch , 1979 personallyappeared before ne REX W. ERICKSOI.I per-so-;aTltknovrn to rne to be theBishop of the Rexburg pirst Corporation of The Church of JesusChrist of Latter-day Saints, who ackno\rJ-edged to me that hesigned the foregoing lnstrument as Corporation Sole of the RexburgFirst Corporation of The Church of .tesus Christ of Latter-daySaii,rs, a CorF,urdraorr SOie, re--\r@:4.f,:sei:d ::co.rpola.tl€i, and the saidREX w, ERICKSOIi acknowledged to me that the said corporationexecuted the same. My Comrnission Expires : LIFF A{u;tr tt n ' 10:458. <' i 1,,)(.t{,. r i T-- r'' 5- 3l 5i At,i{:lil(.iii,l Inf ji', iIi.: i.r [:'Of:i]:: l_?': Rl,'f rii.lii(;, 11.,,\i jt . ;-j :1,,;4{l I I s r.,r . _] i.\rt d; , 1;./-,1 A;'r* t\l 'i ':.7t i1,::{:, ! REXBURG FIRST CORPORATTON OF TFIE CHURCFI OF' JESUSJ CHRIST oF LATTER-DAY sArNTS, a corporation sole, Grantor, hereby convey:; and warrants, only against all acts of itsel.f, its successors and assigns to the lt4ADrsoN couNTy scHooL DrsrRrcr, Grantee, for the sum of Ten Dollars ($I0 , 00 ) and other good and valuable cons iclera.tion, the forlowing described tract of land sib.uate i:r the county of lladison, Stat.e of Idaho, to-wit: Commencing at the Southwest corner of Lot 4, Block 20 of the Rexburg TownsiLe, l,tadj-son County, Idaho, as per the recorded plat thereof, and running thence West 16 5 f eet; thence l,lorth 222 .7 5 f eet;thence East 165 feet; thence ltorth LO7 .25 feet; thence East 82.5 feet; thence South 165 feet; thence I'Jest 82.5 feet; thence South 165 feet to t-ho nn'i n{- nF 1Lrrs IJLJrrt L uL OegJ-nnJ-nq . SUBJECT yo all existing righLs cf record, ofpossession or of use. rN WTTNESS WHEREOF, the said Grantor has hereto subscribed this 19tlt day of laarch SPECIAL WARRAI,ITY DEEI) (,REXBURG FIRST CORPORAI ON OF CIJURCH OF' JESUS CIIRIST OF LATTER-DAY SAIIJTS, a corpora sol-e STATD OF IDAIIO COUNTY OF T4AD]SON On this 19th day of jvlarch , LgTg personally appearedbeforeme*Enxw.ERIcKS@nowntometobethe Bishop of the Rexburg First Corporation of The Church of Jesuschrist of Latter-day saints, who acknowledged to me that hesigned the foregoing instrument as Corporation SoIe of the lte.xburgFirst Corporation of The Church of Jesus Christ of Latier-day Saints, a corporation sole, @w:tse;EE€+r$F€+l€*-wi:b{T+fi--i@g:::::;g3}.;::6f..,.sa:'.t'd..€orporatj-gn,andthesaid REX '/'i. trRICKSO}J acknowledged to me that the said corporationexecuted the same, 79D 'l o70, LJ I J THE L]-on t.... d..., ,, \ I My Commission Expires: i ,rdi,I ( ('/?t! i ,.r"\'i '1'l 1i . .Y-tLlFT STANDARD JOURNAL Rexburg, Idaho St. Anthony,Idaho Ashton,Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties I, Jeremy Cooley, being first duly sworn, depose and say, that I am the circulation director of the STANDARD JOURNAL, a 3 times a week newspaper published 3 times a week in Madison and Fremont Counties, Idaho; and I do solemnly swear that the Notice of Public Hearing, a copy of which notice appears attached hereto, was published in the regular and entire issue of said newspaper, and not in any supplement issue, once each week thereof for 2 successive issues, the first publication having been made on April 14, 2OI2 and the last publication having been made on April 28.2012. Further, that said newspaper is one of general circulation in said county; that it is a legal newspaper, conforming to legal specifications under the Idaho Statutes; that it has at least two hundred bona fide subscribers living within the county of publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight consecutive weeks prior to the first STATE OF IDAHO COUNTY OF MADISON On this 30th day of April in the year of 2012before me, a Notary Public, personally appeared Jeremy Cooley, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statement therein are true, and acknowledged to me that he executed the same. , ,^J ,\Aosv* \Lcor.X[)r' f /\.tt9\ .r.- U v V 0u" , .\ f NorlcEoFPuBLlcHEARlNG I Qo{ t " 6pl*- l*or,"rlsHEREByclvEN,thattwo I\ -. .a 7 - t I Public Hearinqs will be held belore lhe IxLd' it 'c | 5,|Hlit,t,'ll'*g 9f,n[ia:il'315,"'* |[ ' '\ " lzotzatT:bs p.m. andT:2O p.m. Respect' I^ I / | fuilv: at Citv Hall located at 35 North lst I , ^ IV I eaii, ne*iurg, ldaho, regarding a condi- |t I u I tional Use Permit #12 00128 to keep a It' l$ffi1"#'Sf:ffiil_i,idf{!?=,.l"JllJltr" I i ?-g Oonditional Use Permit to keep two (2) portable classrooms at Madison Middle School. Property location: Leoal Descriotion:(Adams' Elementary School) bommencinq at the Southraiest corner of Lot 4, Blocli 20 of the Rexburg Town- site. Madison County, ldaho, as per the recorded plat thereof, and running thence Wdst 165 feet; thence Norft 222.75 leel:. thence East 165 feet; ) ) 2?2.75 lee'r. thence East 165 feet; thence North 107.25 feet; thenca East 82.5 feet thence South 165 feet; thence West 82.5 feet thence South 165 feet to the point of beginning. Suuiea to ail elistinf rights of record, of possession or of use. The said parcel ff..q0!21! is located at 575 WesiTth Sorrth in Rexburg, Madison County, ldaho, and more particularly de- scribed as follows: Property location: L.egal Description:(Mddiscin Middle school) A oarcel of land situated in Madison Coirnty, State of ldaho, TownshiP. 6 ttortn."nanqe 39 East of the Boise Meridian. SEaion 36 more pafiicularly described as follorlrs: Beginning at the Northeast comer of section 36, Town shiD 6 North, Range 39 East' Boise Me?idian thence N90''00'00nV for a dis- tance of 394.00 feet to the True Point of Beoinninq. Thence N9O"oo'oo'W lor a oii[ance 6t 755.72 feet to the East right- of-wav line of Old U.S. 191;thence S30" 22i1dttu along said rightof'way line fot a distance of 684.214 feet; ineruce N89"39'37'E for a distance 493.13 feet;iFtEt'be Soo'20'23 E for a distance of ?Lt'*%E"3Ln=e's7w for a distance ol ?fiEi,st'*" zozsEror a distance 515.86 feet; iHerlce Ni89'g93rE for a distance of 693.71 f€et; it+Ellce Noo'30'12"E for a distance of +f=ffttE"fi.t"4o'1snv for a distance of 1$8Eil.t8"'lioyoe'szE tor a distance ol 659.67 fee to the True Point of Begin ning. At such hearing the Planning & Zoning ..Commission will hear all persons and all and recommehdatibns relative psqqdpgrSnt. Tbs-q'{PCle4' The cunent Zoning for Permit #12 00128 is Communitv Business Center (CBC); and lor Pemiit #1200129 is Community Eusiness Center (CBC) ard Medium Den- sity ResidentialOne (1) (MDRI). The said parcel f12.IE!29 is located at 110 Nofii 2nd EEstln Rexburg, Madison County, ldaho, and more particularly cle' scribed as follows: for Idaho ing at Rexburg, Idaho y commission expires: February 2,2015. Lynzi Nevi!ie Notary Public State of ldaho clr\ or:CONDITIOI\AL USE PERMIT REXBT'RG c\r'---- --- Aril erica\ I:irn ib, ( :awnt mti ry Project Information Permit Type Conditionhl Use permit Site Address 110 N 2ND E Project Description City of Rexburg Department of Community'Development 35 N. lst E. / Rexburg, ID. 83440.. Phone (208) 359-3020 / Fax 359-3022 Permit # Project Name Farcel # t2 00128 Adams School - CUP to keep one portable classroom - EXPIRES June 30, 2013. RPRRXBl0203000 Names Associated with this Project Type Applicant Name Madison School District Contact Phone # License # (208) 3s9-3300 Exp Date Fee fnformation Project Valuation Total Fees Paid Conditions 1. Any Third-Party or other Businesses within the modular classroom will not be allowed. 2- The Planning and Zoning Commission along with representatives from the Cify wilt meet with the Madison SchoolDistrict representatives to work out an agreement for future handling of the temporary mobile Modular Classrooms. 3. The Adams Elementary School Modular Classroom must meet the set-back requirements in the City Ordinance. J.** SEE ATTACHED CONDJTIONS *** Print Name Signature ctf y oi-.ITEXBT]I1G A tn t I i 1tb I:n,ri ly C0 111 t1 j t I nr I y J.uJy 1,6,2012 Madison School District #321 60 West Main Rexburg, ID 83440 Attention: Varr Snedaker Re: #'l'2 001'28 Conditional Use Permit - Adams Elementary School - 110 North 2.d Easr, Rexburg, ID Deat Mr. Snedaker, Enclosed is the Conditional Use Permit document for the specified property located at L10North 2'd East, the Adams Elementary School. The Conditional Use Permit expires June 30,2013.It is to keep a portable classroom for one year, and includes the listed conditions, per the Conditional Use Permit approval at theJuly 11,2012 Rexburg city council meeting. Please keep this document for your records. Please call if you have any questions or if we can assist you further. Thank you. Sincerely, i- ;...! L { o--;,* ,iv LLYi.L r,,- " * ), Elaine lVlcFerrin Planning & ZonngCoord.inator City of Rexburg Plamingds Zoning CiA 0f IUxblrZ t5 Nonh ln East. Rexbug ID g3110 P hone: 208. 3 5 9. 3 020 Fax 208. J 5 9. i02 2 Findings of Focl Phone: 208.359.3020 Fox: 208.359.3022 Adams Elementary School Conditional Use Permit 110 North 2"d East 1'. On March 21,201'2, Varr Snedaker, representing Madison School District, presented to the City of Rexburg Plannin g & Zonng Coordinator a request and application for a Conditional Use Permit to keep a potable classroom at Adams Elementary School. The propetty is located at11,0 Norh 2"dBast. 2. On March 26,201'2, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper ofl April 14 and April 28,2072. A notice was posteJ on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On May 3,201'2 Russel Wilson, tepresenting Madison School District, presented to the Planning &ZonngCommission for the City of Rexburg, the request for a Conditional Use Permit to keep a potable classroom at Adams Elementary School. Dan Hanna motioned to table the Conditionai Use Permit request for Adams School to keep a portable classroom, in order to allow the school district to bring In a planwithin a month showing the need to keep this portable classroom. M"ry Ann Mounis seconded the motion. None opposed. Motion carded. 4. OnJune 21,201'2,Thaine Robinson motioned to pick up both Conditional Use permit requests - for Adams Elementary and for the Middle School- off the table for d.iscussion. Madlyn Rasmussen seconded the motion. None opposed. Motion cartied. Russel Wilson of Madison School District presented to the Planning & ZonngCommission for the City of Rexburg, the information that the Commissiot t.qrrlt"d showlg the school district's need to keep one modular building at Adams Elementary School and two modular buildings at Madison Middle School. Stephen Zollinget stated that one motion can be made for both School District Conditional Use Permit requests. Thaine Robinson motioned to tecommend to the City Council to approve a new Conditional Use Petmit (CUP) fot the Madison School District #321,io have two temporaly Modular Classrooms located at the Madison Middle School, and to recommend to the City Council to approve a new Conditional Use Permit (CUP) for one ternporary Modular Classroom at Adams Elementary School. Both CUPs will expireJune 30, 2013. The following conditions will apply to the CUps: P rop o s e d C o n di ti o n s of App ro ua / 12 00128 - CUP Adams Elementary School / 2 00/ 29 CUP Madison Midd/e Scbool /. The Adans Elenentary School Modular Classroom must meet lhe set-back requirements in the Cifl Ordimnce. 2. Ary TbirdQarg or other businesses within the modular classrooms wi// not be allowed. Thaine Robinson amended his motion to include a tbird condttion. Richie Webb seconded the amended motion. 3. Tbe Planningand ZoningCommission alongwith representatiaufrom tbe Cigt wi// neet with the Madison School District representatiues to work out an agreementforfuture iandling of the tenporary no bile Modular C lassroom s. None opposed. Motion carried. 5. on July 11,2012 ^t city council the conditional use permit for Adams Elementary school at 1.1.0 North 2"d East to keep a potable classroom was discussed. Russell Wilson at 3208 Hart in Idaho Falls (Director of Operations for Madison School District) indicated he is in support of the recommendation from Planning andZontng for the Conditional Use Permit. He reviewed the proposal to keep a double wide potable class room at Adams Elementary School. They have added two classtooms onto Adams School last year. The double wide has beenrented out to a preschool last year. The Madison School District is growing between a 100 and 150 students eachyeat Ovet the last 10 years the school district has gtown by 1,000 students. Current history shows gtowth of 100 students p.. y.rt. The growth of the University indicates more growth too. These modular potable class rooms have been used to accornmodate the gowth. It costs about $25,000 to move a modular class room; therefore they are asking to keep the modular class room. They have requested this in order not to incur the cost of moving the portable class toom at this time. Council Member Menill asked if the Madison School District curently has a need for this portable class room at Adams Elementary. Mr. Wilson explained they do not want to move it twice. They curently do not have a place to move it where they would need it. They arc adding five ciass rooms to the Burton Elementary School. There is a major need at the MadisonJunior High school which is curendy at c p^ciLy. Planning andZonrngapproved the extension of this class room at Adams School for one year. They are .urr.ntly planning on making the structute more potable whete they can move them easier with less expense. Council Membet Merill asked about the person owning the property behind the structure and if the owner is troubled by it. Mt. Wilson explained the adjoining property is being encumbered by a rwo foot strip owned by the adjoining property owner. There is only eight feei of setback on the schools property and a ten foot setback is needed. They have been in contact with the owner to obtain an easement. Council Ptesident Mann asked if the temporary structure is compliant at this time. Mr. rVilson explained they are out of compliance in the fact thatthey do not have ten foot setback to the property line. That is why they are seeking to obtaining an easement with the adjoining property. Council Ptesident Mann explained the adjacent property owner came to him with the concern that thete was a nursery basically in their back yatd. Council president Mann asked if they would be willing to build apnvacy fence to buffer the neighbor. Community Development Director Chtistensen said it is a build code violation issue. If the city allows the non-compliance of the building code, it causes a liabiJity issue for the city. Council President Mann asked if there was security for the porable building. Mt. Wilson cladfied only the Madison High School building has the lock down security. Council Member Merdll added that the Planning and,Zonrngminutes explained an approval with conditions on the Conditional Use permit. Propond Conditions of Approual | 2 00/ 28 - CUP Adans Elenentary Scbool / 2 00/ 29 CUP Madison Middle Scbool /. Tbe Adans Elementary School Modular Classmom must meet tbe set-back requirements in tbe Ciry Ordinance. 2. Ary Tbird-Part1 or other businesses withiru tbe modular classrooms wi// not be allowed. Thaine Robinson amended his motion to include a third condttion. Richie Webb seconded the amended motion. 3. The Planning and Zoning Commission along with rrpresentatiuesfrom the Citlt ai// neet with tbe Madison School District representatiaes to work out an agreemeniforfuture iandling of tbe tenporarl no bile Modular C lassroom s. Mt. Wilson asked for the condition to be removed to allow the revenue to buy ,school supplies. He questioned the authority of the city to limit the rental of the building. The revenue affects the schools budget. Council Member Smith u/as concemed with the liability if the building was out of compliance. Mt Wilson explained if they do not obtain the easement then they will move the building two feet. They have committed to move the building two feet to come into compliance if needed. Thaine Robinson ^t390 Maple Dr. from the planning and ZontngCommission explained the opinion of the Planning andZontngCommission that it was disliked. that the building was used for rent and as a business. Council Member Busby asked if it was just a one year Conditional Use Permit. Mr. Wilson clarified that they are asking for a one year extension on the Conditional Use Permit. Council Membet Busby moved to approve the Conditional Use Permit at Adams Elementary School,located at710 Noth 2"d East to keep a portable classroom for one year; Council Member Benfield seconded the motion; Discussion: Mavor Woodland asked for a vote: Those voting aye Council Member Busby Council Member Benfield Council Member Merdll Council Member Smith Council Member Suthedand The motion carded Those voting nay Council President Mann City Attorney Zollinger pointed out rhat the conditional use permit had a condition to not allow the school district the ability to rent the structure out to a third party for a business. He infotmed the Council that the tentalof the building is contrary to the City Ordinance which was made to allow the school district to ha.r. such a structure and not athird p^try. Attomey ZolJingerexplained that the planning and Zontng Commission felt that if the structure is not in use by the school but is being rented out then there is flo more need for the structure as it was intended to be used. Council Membet Smith wanted clarification on the three conditions fiom planning and Zontng on the proposal. Russell Wilson explained the three conditions to be: (1) to meet the setback requirements, (2) no third party businesses, (3) to have a joint meeting to solve the problem. Council Member Benfield said thfud patty rcntalis not allowed tn that zone. City Attotney Zollinget explained that it is not allowed but if it were a pre-school operated by the Madison School District, it would be allowed fot that zote. Var Snedaket from Madison School District asked why it is different to rent the potable class room if they use the building for after school programs. City Attorney Zollinger cladfied the main use of the building is intended for the third paty business. He teviewed the history of the portable class rooms at Adams School and Madison Middle School. It is only ^ marLagement question if the school is using the temporary building for a rental business. Discussion on making the temporary class rooms portable. Council Member Smith moved to disallow the rental of the building by the Madison School District and meet with the Madison School District to f,nd a way to make the building portable for use at other schools byJune 306,2073;council Member Merrill seconded the motion; Mayor woodland asked for a vote: Those voting aye Council President Mann Council Member Benfield Council Member Merrill Council Member Smith Council Member Sutherland The motion canied Those voting nay Council Member Busby Planning & Zoning Meeting dated: June 21 ,2012 Modular Classroom Unit at Adams Elementary School Response to the request for additional information by theP&Z Commission Provided by: Madison School District #321 Thank you for the opportunity of providing additional information regarding the renewal of the conditional use permit (CUP) for the 2-classroom modular building currently located at Adams Elementary School. It is our understanding that you will not accept oral evidence at this time so this written response is intended to address the key points. On May 3,2012 Russ Wilson and Varr Snedaker came before the Planning & Zoning Commission(P&Z) to get approval to extend the CUP. At that time we thought the current state of Madison School District was common knowledge in our community. We felt that a brief presentation would be sufficient for the Planning & Zoning Commission and did not want to waste your valuable time. Obviously that was a bad assumption so this is an attempt to give a more in-depth response. WHY MODULAR CLASSROOMS?: On May 3'd the question was asked: why don't we sell our modular classrooms? The answer is: because we need them. The next question is: why do we need the modular?: The one-word answer is GROWTH. The two-word answer is GROWTH & ECONOMICS. Growth: With a growing student population we must expand our facilities. It is true that during the current school year we could have gotten along without the modular classroom unit. The question is: should the school district incur the expense of moving the modular unit out temporarily, find a location to store the modular for a short time, and then incur the cost of -ouing it back to Adams or some other elementary school within city limits? The school district is sensitive with the use of taxpayer dollars and does not feel moving modular unnecessarily is an effective use of school district money. We think our patrons would agree' 1. Student Growth: Madison School District is in the business of educating children. We educate all children residing within school district boundaries, regardless of race, religion, economic standing, or ability. Piease refer Exhibit A. This exhibit shows the enrollment of Madison School District over the last 10 years. You will see that the enrollment has grown from 3989 students to 4917 students in the last l0 years. That is an increase of over 23o/o for that period. If that statistic does not show the real need we don't know what will. We think the Superintendent and School Board have done an excellent job in trying to plan for student growth and to only have 3 modular classroom units within the city limits is commendable. JUN 6 ?A12 OI-TY OF REXBURG Please refer to Exhibit B which lists the number of modular classrooms in some of the surrounding school districts. As you can see we are not alone. In fact, we have fewer modular classrooms per capita than the other growing school districts listed in the summary. 2. Education Reform: Another issue contributing to the increased demand on classroom space in the district is the change in the way instruction is delivered to our students. The traditional classroom where 30 students sit and listen to whole group instruction is a thing of the past. A large portion of the day is now spent breaking up the students into smaller instructional groups and giving them more specific, differentiated instruction. Essentially what that means is that rather than having 30 students all in one room we will have 6-8 groups of 4-5 students spread out over a larger area for a significant part of the school day. This new teaching method results in a need for intervention classrooms, and some of the classrooms in the modular units are used for this purpose. These mandates have also required more computer labs to teach children essential computer skills to be competitive when they leave the K-l2 school system, as well as to provide for mandatory testing (by computer) and to provide intervention to struggling students throughout the year. These mandates have resulted in many classrooms being replaced by computer labs. 3. Students with Disabilities: Another requirement is the mandate to provide a free, appropriate public education to all students with disabilities and other subgroups. These other subgroups include English language learners, migrant students, economically disadvantaged students, and ethnic minorities. The increased emphasis on differentiated instruction combined with the specific needs of these subpopulations has resulted in additional space needs to accommodate required interventions. Several classrooms in our schools have been taken out of service by our special services staff in order to educate these students in one-to-one or in small groups. It is estimated that the population of students served by special services has grown in the past ten years from around 1,200 to 2,000 students. Economics: What theP&Z Commission should understand is that student growth is a moving target, a work in progress. Where will the growth be? What grades will grow? How much growth & when? If we had all of the answers it would be a simpler problem to solve. We understand that the City of Rexburg anticipates significant growth in future years. We think it is fair to say that this growth will include school age children. We don't see factors that would indicate a reversal of this trend anytime soon. So what is the answer? The answer is obvious, build more buildings. The problem with that solution is economics! The school district has struggled during recent years and continue to struggle with how they will meet the facility needs of an increasing student population and still meet the education needs of students. That discussion will continue to evolve as student population continues to grow. If money was not an issue, the school district could solve this problem easily, The problem is that the decision is ultimately up to the taxpayers of Madison County. Please refer to Exhibit C. This is a summary of the outstanding bond balance over the last10 years for Madison School District. As you can see our bonded irrd"bt.drr.ss is over l2 timeshigher that it was 10 years ago. The school board has discussed going out for another bond on anumber of occasions but are reluctant, especially considering the cunent economic climate. We've tested the water about bond vs modulars. Overwhelmingly the response is that there isconcem over increasing the tax burden at this time, especially considering the economy and thecurrent amount of outstanding debt. Many feel that the modulars are in pLce, they are nothurting anything, and don't feel it wise to be hasty in moving the moduiars out & later have tomove them back. Modular Classroom Units: It is obvious from the May 3,2012 meeting thatP&Zis not happy with modular classroomunits at our schools within the city limits. We would like to point out that placing modular classrooms next to existing schools is not anew concept. It was pointed out that many of the surrounding school districts ihat have modularclassrooms. Some of these schools have had modular classrooms for many years! We thought it might be helpful tell you about Central High School in Little Rock Arkansas.This high school is a National Monument and is still being uied as a high school. A briefbackground might be helpful just in case you are not be familiar wittr tn1 history. In 1957Central High was a test case in the desegregation of schools in the United States. There were 9black students (referred to as the Little Rock 9) who wanted to attend the all-white high school totake advantage of courses available to white students but unavailable to black students. Thegovernor of Arkansas called in the National Guard to prevent the Little Rock 9 from enteringCentral High with the intent of preventing a riot and other public disturbances. The standoffgained national attention and was reported on national news all over the United States. president Eisenhower called in federal troops to quell the disturbances, resolve the standoff and to proceedwith desegregation. The federal troops escorted students to and from school, as well as fromclass to class within the school by armed guard for the rest of the school year. Many more details could be brought out but the point is that because of its place in historythis high school was declared a National Monument. the reason Central High School is broughtup is because of what is found on the south east side of this national monument - rows ofmodular classrooms. The school district had done all they could to convert any available spaceinside the building into classrooms but were forced to add a string of modulaiciassrooms to meetthe needs of their student population. Why is this brought up? Because: l) placing modular classrooms at schools is not a new idea,and 2) if funding can't be found to build brick-&-m ortar at a National Monument, it shouldn,t bea surprise that Madison School District is struggling to provide brick & mortar classroom spacefor a population that has grown over 23%o in the lasi l0 vears. Public School Funding Cuts: Another fact you should know is that in the last 3 years there have been huge funding cuts forfunding of public schools in the state & across the nation. Madison School District has beenreeling from funding cuts and at the same time has had to deal with more & more mandates fornew programs, pressure to raise test scores, and a huge burden in providing information to theState. Please refer to Exhibit D. This is a summary of the general fund operating revenues forMadison School District which reflects funding public elucation in lOafro. AI you can seefunding has been cut more than l TYo over the last 3 years in Idaho when we look at per studentfunding' Living in the community you are probably aware that 2 years ago all school districtstaff took a sizable.cut in their salary and binefits. The city has probabli felt some effect intheir funding as well and should have some understanding of *nut *. ur. going through. Thepoint is, Madison School District is not flush with rnon.yi One significant"problem with buildingnew schools is heating, lighting, maintaining and staffing them. Even if money was no object inbuilding new schools' ou_r operating budget does not hav-e the capacity to fundihe additionaloperating costs of a new building at this time. Modular units are a stopgap until student growthcan justify a new building. Conclusion: We would like to emphasize the fact the Superintendent and the School Board for MadisonSchool District take their responsibilities very siriously. The School Board would rather havebrick & mortar than modular classrooms. They have agonized over bonding, building, and theuse of modular classrooms many times. The purchar. ind placement of modular classrooms isonry a tast resort. It is our opinion that at the current moment in time Madison School District does not have aserious negd to keep the modular classroom unit at Adams Elementary school, but there is noquestion that it will be needed in the near future. The question is how many future modularclassrooms will be needed and where will they need to be placed? In order to meet the needs of Madison School District we feel we need to bond and build I orw rvur ws ustru LU uulru ancl Dullo I I 1,::::T:lti_y,l"j-T the solution. to modular.classrooms? - In our opinion the only solution i- Irr uur upuuuil rl]e only solutlon ls ,'"ltjt::^::: !::|* -o*t schools. This decision is not taken tightly, and is uttimately up to're vvwrDrvrr rr rr\rl r4t\.su rrBltl.ty, anu ls ulllmatgly up to :Lt_:TfI:T:lrydison countv. once.the School Board decides io begin that process we :3::1t,]lf t:q: vears.to d.o an election, sell bonds, build a new builEi;t""irh*.""r. i" r " 5 y.;;;;;;ion to theconditional -use-permit. As a school district we have no choice but to leave the decision in your hands. In our opinionthe schools in our community and the education of our children are a high priority! we hope thattheP&z commission & the city Council will work with Madison school birtrirt in providingclassroom space for our growing student population! Thank you for allow us to provide more information. Attachments: r Exhibit A - Bar graph of enrollment for last l0 yearsr Exhibit B - List of surrounding school districts & # modulars they haveo Exhibit c - Summary of bonded indebtedness over last i0 yearso Exhibit D - summary of school operating funding over last l0 years IllmIFan I II tIIil-i9 INIlI + flxhibit a q c L o-- E o c - r{ dHo htN r+rA t5'i t\l a,|eog o= OO-cLL'CV' JLI an- O ;lt Etroo ov, exhibir r School Districts with Modular Classrooms Summary of Districts Responding # Modular UnitsSchool District # Modular Classrooms # Students in District # Students vs Modular Bonneville Firth ldaho Falls Jefferson Madison Ririe Shelley Sugar Salem 9,595 746 3.0,371 4,669 4,917 660 2,L57 1,,439 18 0 1.4 18 4 2 0 3 35 U 24 37 8 4 0 5 273.9 432.r 1,26.2 6L4.6 165 287.6 Nr{o .N Is8+fo JPN.3; ECL.9 '6 ! '== oo- Po 6O EcoEgET't!q p 5o $ N n c $ $ m N 8 d 8 d dNm N N N i*----"' IIIiI IIIIIiiI l! liI i IIi II i i l N F{o N Fl!^.i d);Yi O fto ;N9+' .: d.9 rroi E?9d icLla h0 oTtttl F-o5 tE|I>6o Irn Findings of Fqct City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022 Adams Elementary School Conditional Use permit 110 Norh 2"d East on March 27'2072,v.ar lnldaker, tepresenting Madison school District, presented to thecity of Rexbutg Planning -&zonngcforain"tJ "."q";.;;;d appricatio n for aconditional ,H:;TliB LTffi":.#.f .l",.ioom at Adams Elernentary sclool. rhe property is on March 26,2072' the city cletk sent the Notice of public Hearing to be published in thelocal newspaper on April 14 iil Aprr 2g,201,2.A notice was posted on the property andsent to all property owners within ioo r".t of the above mentioned property. on May 3' 2072 Russel wilson, tepresenting Madison School District, presented to thePlanning &zorungcommission for the citiof Rexb*g, arr. r"quest for a conditional usePermit to keep a potable classroom at Adams Elementiry School. Dan Hanna motioned to table the conditional use Permit request for Adarns school to keep aportable classroom' in otder to allow the school district to bring in a plan within a monthshowing the need to keep this portable classroom. M".y Ann Mounts seconded the motion.None opposed. Motion iarried. REXBURG Ameri cals Fam ily Community CITY OF 35 North I.r Eost Rexburg, tD 83440 www.rexburg.org 1. 3. Elaine McFerrin From: Sent: To: Cc: Subject: Elaine McFerrin Thursday, May L0, 2012 L0:59 AM snedakerv@msd32L.com Val Christensen May !7,2012 p&Z agenda Yarr, Here is the P&Z meeting agenda for next Thursday, May 17th. The 2 Conditional Use Permit requests for Adams Elementary and for the Madison Middle school are on it under TobledRequests. i:#[ffHr::l.T*H ilf"t (rdon't have his emailaddress) are ready to present the inrormation the '.lrtlil":jjf,::tfiTil;|.]f- davs berore the meeting so tcan get the it to the commissioners berore you present lf you are not ready' the commission did give you a month so the information coutd be presented at the forowingmeeting, June 7th, with the information given to me a few days before that date. Please let me know. Thank you, Elaine McFerin P&Z Coordinator City of Rexburg 208.359.3020 ext.2334 /4lR",\ ^F-reg!\ | ,,2r3,..t;tI :5''I.UIFil-,\'.vrtbr\t/ lLoo I'zg C,LL( Cerlificqle of Moiling City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022www.rexburg.org File #: t"a a r: t 2 $( File Name,riiLd i'{-r.,\ ivtL (,(p I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice *"**t tP.t.*lY:,, 3r4fl' day or . lq"t, | ,20 i Lmailed to the following parties: (See attached Mailing List) 35 Norlh l.r EosfRexburg, tD 83440 CITY OF REXBI.IRG Am e ricals Family Co m mun ity l,t F{ NOTJCE OF PUBLIC F{EARING NOTICE IS HEREBY GIVEN, that rwo Pubhc Hearings will be held before the Planning & Zontng Cornrnission of the Ciry of Rexburg, Idaho, Thursday, May 3,2012 at 7:05 p.m..and7:20 p.m- respectfully; N Ciq Hall located at 35 Nordr 1st East, Rexburg, Idaho, regarding a Condrtional Use Pernit #12 00128 to keep a portable classroom at Adams Elementary School and Per.rnit #12 00129 regarding a Condruonal Use Perrnit to keep two (2) portable classrooms at Madison Middle School. The current Zon:ng for Permit #1,2 0A128 is Community Business Center (CBC); and for Perrrrit #1'200129 is Communiry Business Cenrer (CBC) and Medium Density Residential One (1) O4DR1). The said parcel #12 00128 is located at 110 North 2nd East in Rexburg, Madison Counry, Idaho, and rnore particularly described as follows: Property locadon: Legal Descripdon: (Adams Elementary School) Commencing at tie Southrvest comer of Lot 4, Block 20 of the Rexburg Townsite, Madison County, Idaho, as per the recorded plat thereof, and runnjng thence \XZest 165 feet; thence North 222.75 feet; tlrence East 165 feet; thence Norrh 107.25 feet; rhence East 82.5 feer; rhence South 165 feet; thence West 82.5 feet; thence South 165 feet ro the point of begurmng. Subject to all existing rights of record, of possession or of use. The said parcel #12 00129 is located ^t 515 West 7'h South in Rexburg, Madison Counry, Idaho, and rnore particularly described as follows: Property locadon: Legai Description: (lr4adison Middle School) A parcel of land situated in Madison Counfy, State of Idaho, Township 6 North, Range 39 East of the Boise Merjdian, Section 36 rnore parricularly descdbed as follows: Beginmng at the Northeast corner of secdon 36, Township 6 North, Range 39 East, Boise Meddian rhence N90"00'00"!7 for a distance of 394.00 feet to the True Point of Beginning. Thence N90ooo'oo"\)7 for a distance of 755.72 feet to the East right-of-way line oiOld U.S. 191; thence 530'22"/3"W along said nghrof-way line for a disran ce of 684.44 feet; THENCE N89"39'37"E for a distance of 493.13 feet; THENCE, 500"20'23 E for a disrance of 217.25 feet; THENCE SB9o39'37"Vf for a disrance of 99.85 feet; THENCE S00"20'23"E, for a distance of 515.86 feet; THENCE N89"39'37"E for a disrance of 693.71 feet; THENCE N00"30'12"E for a disrance of 367 .34 feet; THENCE N31"40'15"W for a distance of 108.91 feet; THENCE N05"09'37"E for a distance of 659.67 fee to the True Pornt of Beginning. At such hearing the Piannin g & Zonng Comrnission will hear all persons and all objections and recommendadons reladve to such proposed perrnit. The City Clerk will also accept wdnen comments at City Hall prior to 4:00 p.m. on May 02,2012. l[-hrs nouce rs gi'en pursuanr to the provrsions of Secuon 67 -6509 and 67 -65I 1amendrlents tirereof. DATED tlus 26,h day oF March,2012 iciaho Cocie, and all r€H"o PoR4:o*? =zf;EALos %nii^tN Publish Apnl 14 and Apnt 2g,2012 CIry OF REXBURG Research Needed For: I Researc(r Ngdded For: RPRRXB{OI9???? /r- \ I ()()lz8 LttV' ;\{* tu$ n\ r lt+gl ADAMS\PAID T 402 E 820N REXBUBG,IQ 83440,\ \ AIMAN & SMITH INVESTMENTS 146N2E REXBURG,ID 83440 ARCHIBALD LYNN D & BARBARA R FAMILY TRUST 73N3E REXBURG,ID 83440 BARNES MARIEL I39 N 3RD E REXBURG.ID 83440 BEESLEY JON STEPHAN 256 E IST N REXBURG,ID 83440 BIRD ROBERT R 13lN3E REXBURG.ID 83440 . co 80915 COOK WILLIAM G 229 RICKS AVE REXBURG.ID 83440 DYE DENNIS 24282N REXBURG,ID 83440 lRes6arch Needed For: .IQnnxerozoRoAD ADAMS DAVID T 402 Ejsioo s REXBUBG, TD 83440 I \,. \ ALBANO PROPERTIES 3585 WILD MOUNTAIN DR POCATELLO.ID 83204 ADAMS DAVID T 402 E 8200 S REXBURG.ID 83440 ALLENNEPHIN 253 E ISTN REXBURG.ID 83440 BANK OF COMMERCE P O BOX 1887 IDAHO FALLS.ID 83403 BAXTERBRUCE WETUX l28N3E REXBURG.ID 83440 BIRCHLARAE 205 WATERAPT ST #I2 SALMON.ID83467 BODRERO KEITH O 2209N MURRAY COLORADO SPRINGS. CO 80915 CLAIR& DEE'S OK TIRE STORE 259 MOHAWKAVE REXBURG.ID 83440 CORNELIUS CHRISTOPHER JOHN IITN2NDE REXBURG " ID 83440 Research lleefied For: RPRXBCAd2OROAD,- \\. -- I 't{ I ASHCRAFT DEBRA 243 E ISTN REXBURG,ID 83440 BARQUES LLC 1066 N YELLOWSTONE HWY REXBURG,ID 83440 BEESLEY JON STEPHAN 256 E IST N REXBURG,ID 83440 BJORNN LIVING TRUST 540 GEMINI DR REXBURG,ID 83440 ERICKSEN MICHAEL I73 N 3RD E REXBURG.ID 83440 BOTiERO KETTH O 2?p9N MURRAY ,.COLORADO SPRINGS, CO 80915\ xr'CoRNBFIJS CHRrS lrTNTAIQE REXB{JRC\ ID 83440',\ KEITH O FIRST FEDERAL SAVINGS & LOAN 425PIKE STREET SEATTLE. WA 98IOI GRIMMERJARED I53 N 3RD E REXBURG " ID 83440 JATA LLC I32 S 3RD E REXBURG,ID 83440 MADISON COUNTY, ID I59 E MAIN ST REXBURG,ID 83440 MADI DISTRICT #32I POBOX ID 83440 MILLER AARON N 265 E IST N REXBURG,ID 83440 MOEDL I49 E IST REXB ,Iq83440 MORTENSENJOLENE P O BOX 575 REXBURG,ID8344O NORRIS DAVID T 6IN3E REXBURG,ID 83440 PETERSON R & S PROPERTIES P O BOX 3236 83403 FREEMAN TRUDY G 26I RICKS AVE REXBURG,ID 83440 HELM DARREN 3.679 W 1000 N REXBURG,ID 83440 KINJO MASAHIKO I I162 N PARK CIR HIGHLAND, UT 84003 { MADTSON SCH}dL DIST #32 IP o Box s\o"r' REXBUryc4lnq344o ,1 .q | ".r. MADISON SCHOOL DISTRICT #32I P O BOX 830 REXBURG,ID 83440 MOEDI1 GRANT I49 E IST N REXBURG,ID 83440 MOED\ G 149E1 REXB MYERS SCOTT H INC 1600 E ITTH ST IDAHO FALLS,ID 83404 OCCIDENTAL FINANCIAL F L P 4475 S HOLMES IDAHO FALLS.ID 83404 PETERSON R& S COMMERICAL PROPERTIES LLC P O BOX 3236 IDAHO FALLS " ID 83403 GOTHARD JANE E IO9 N 3RD E REXBURG " ID 83440 7..2* JACKSON LANAE 247 E2N REXBURG.ID 83440 LORDS JEAN 252E2N REXBURG,ID 83440 \t"MADS;ON SCHOOL DTSTRTCT #321 P O.BO{ 830 REXBURq,rD83440 \ MAVERIK COUNTRY STORES #I95 P O BOX 8008 AFTON, WY 831l0 tt r ,r/nMOEDLGRANT X 149 E _1ST N REXFU\ rD 83440 NAKANISHI PARTNERSHIP P O BOX ll56 SPRINGFIELD, MO 6580I PARKINSON STEPHEN J 76 BIRCH AVE REXBURG.ID 83440 zuCKS KEVIN I19N3RDE REXBURG.ID 83440IDAHO FALLS. 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CO 80915 CLAIR & DEE'S OK TIRE STORE 259 MOHAWK AVE REXBURG.ID 83440 CORNELIUS CHRISTOPHER JOHN IITN2NDE REXBURG.ID 83440 MADISON SCHOOL DISTRICT #321 P O BOX 830 REXBURG,ID 83440 STIRLING EMILY LOU 262 E 2ND N REXBURG,ID 83440 AIMAN & SMITH INVESTMENTS 146N2E REXBURG " ID 83440 ARCHIBALD LYNN D & BARBARA R FAMILY TRUST 73N3E REXBURG,ID 83440 BARNES MARIEL I39 N 3RD E REXBURG,ID 83440 BEESLEY JON STEPHAN 256E ISTN REXBURG,ID 83440 BIRD ROBERT R 13lN3E REXBURG.ID 83440 THUESON CLAIR& ANN 259 MOHAWKAVE REXBURG.ID 83440 COOK WILLIAM G 229 RICKS AVE REXBURG " ID 83440 DYE DENNIS 24282N REXBURG.ID 83440 MAVERIK COUNTRY STORES #I95 P O BOX 8008 AFTON, WY 83110 STODDARDNEIL C/O 1536 E 400 N STANTHONY,ID 83445 ALBANO PROPERTIES 3585 WILD MOLTNTAIN DR POCATELLO.ID 83204 ASHCRAFTDEBRA 243 E ISTN REXBURG.ID 83440 BARQUES LLC 1066 N YELLOWSTONE HWY REXBURG,ID 83440 BEESLEY JON STEPHAN 256 E IST N REXBURG " ID 83440 BJORNNLIVING TRUST 540 GEMINI DR REXBURG.ID 83440 MADISON COLTNTY,ID 159 E MAIN ST REXBURG ,ID 83440 WEST DEVELOPMENT COMPANY P O BOX 980370 PARK CITY. UT 84098 ERICKSENMICHAEL I73 N 3RD E REXBURG,ID 83440 LC FIRST FEDERAL SAVINGS & LOAN 425PIKE STREET SEATTLE. WA 98IOI GRIMMER JARED I53 N 3RD E REXBURG.ID 83440 JATA LLC 132 S 3RD E REXBURG.ID 83440 SLAC LLC I33I BLUERIDGEDR IDAHO FALLS .ID 83402 NORRIS DAVID T 6IN3E REXBURG.ID 83440 MILLER AARON N 265 E ISTN REXBURG,ID83440 PETERSON R & S COMMERICAL PROPERTIES LLC P O BOX 3236 IDAHO FALLS.ID 83403 MORTENSENJOLENE P O BOX 575 REXBURG,ID 83440 FREEMAN TRUDY G 26I RICKS AVE REXBURG ,ID 83440 HELM DARREN 3679 W 1000 N REXBURG,ID 83440 KINJO MASAHIKO I I I62 N PARK CIR HIGHLAND, UT 84003 SMITHDEBRA 216 MOIIAWKAVE REXBURG,ID 83440 OCCIDENTAL FINANCIAL F L P 4475 S HOLMES IDAHO FALLS.ID 83404 MOEDL GRANT I49 E ISTN REXBURG,ID 83440 RICKS KEVIN II9N3RDE REXBURG.ID 83440 MYERS SCOTT H INC 1600 E ITTH ST IDAHO FALLS.ID 83404 GOTHARD JANE E IO9 N 3RD E REXBURG,ID 83440 JACKSON LA NAE 247 E2N REXBURG,ID 83440 LORDS JEAN 252F'2N REXBURG.ID 83440 SMITH DOUGLAS J IOO9 LARCH DR REXBURG,ID 83440 PARKINSON STEPHEN J 76 BIRCH AVE REXBURG,ID8344O NAKANISHI PARTNERSHIP P O BOX ll56 SPRINGFIELD, MO 6580I Cil'l'[)a TTEXBLIRG(b ,\ ; n e ri eds l,tx : ily ()tt u nt t q i t ), December sth,2011 Madison School District 290 North 1" East Rexburg lD 83M0 RE: Conditional Use permits Dear Sirs: Thank you for your Conditional Use Permit (CUP) application to the City ofRexburg. It is our understanding that the School pistrlct would like to request thecontinued use of the portable classrooms located at Adams Elementary urrd MudirolMiddle School. As you are aware these schools are located in Residential zones and therefore requirea Conditional Use Permit as per Rexburg's Development Code Ordinance 1026. Atemporary Conditional Use Permit (CUP) was discussed in the City of RexburgPlanning and Zoning meeting held June 15,2006.4 morion was made and approved"to allow the modular school building; with the condition that if a bond or additionalplant facility funds be made avatlable that the School District will take no more thanfive (5) years to lemove the structure from use at the site. If this is not possible, dueto growth, the School District is required to return andre-apply for a ConditionalUse Permit-" See minutes online at www.rexburg.org for further information. Upon review of the recent application that was tumed into the City, it has come toour attention that all three modular locations (the one at Adams and the two locatedat Madison Middle School) can be visited under one application. This will not onlysave time but also save money in fees. However, there are a few items that are stillneeded from you in order to proceed further and before this item can be added to thePlanning and Zonrng Agenda for discussion. First, there will need to be a completed CUP application filled out including bothlocations. You may obtain an apprication from the city website. Second, the CUP application fees are 450.00 ( 250.00 app feeand 200.00 publicationfee). These will need to be resolved before continuing any further. Natalieschneider codcEnJranentofinr 35North 7",East fuxbutgIDgj4l0 p.o.Box2g0 Phone (208) 372-2t48 G/l: (208) 20t-2389 Fav (205) jj9.j022 natp@nxbwg. ory w.nxbng. org Third, there are several documents necessary for each CUP application and for eachlocation: 18 copies of the completed application and any accompanying documentsincluding: Affidavit of Legal Interest - notarized Legal description for each property - on the warranty deeds available at the County L1"'by 17" site plan for each property, drawn to scale vicinity map for each property showing the subject properties and surrounding area You willfind additional information concerning CUP's and the process on the Citywebsite under Ordinance 1026 section 6.12. On behalf of the Cify, I appreciate your willingness to work with us on this matrer,and your prompt response to our requests for further information. I look forward toworking with you in the future. Yours Truly, Natalie Schneider Code Enforcement City ofRexburg (208) 3s9-3020 ext 2348 Natahe schneider codz EnJomnenl ofirer 35 North 1", Easr Rcxbatg ID g3110 p. o. Bu 2g0 Pbone (208) 372-2318 Glt (208) 201 -7)89 Fu (208) t59.J022 nary@nxbarg otg w. nxbwg. atg a a a a Elaine McFerrin From: Sent: To: Cc: Subiect: Yarr, Elaine McFerrin Wednesday, April 04, 2012 L0:01 AM'snedakerv@msd32L.com' Val Christensen; John Millar Fees - Conditional Use Permit applications for Adams Elementary and the Middle School I wanted to inform you that these two Conditional Use Permit requests will be moving forward as planned - for public Hearing at the May 3'o p&Z meeting, without the payment of the fees. when the development a8reement issues are resolved, the total fee of s45o.o0 (450.00 was waived for one application)will need to be paid. I wif f send you staff reviews for the two applications as I receive them, and I will send you the May 3, zlt2p&Z meetingagenda about a week before the meeting date. Thank you, Elaine McFerrin P&Z Coordinator City of Rexburg 208.359.3020 ext.2334 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GI\IEN, that rwo Public Hearings wiII be held before the plannin g & Zo1''ngCornrnission of the City of Rexburg,Idaho, Thursday, tuay 3,20'12 at 7:05 p.m. andT:20p.*L r"rp.crfully;at City Hall Iocated at 35 Norrh 1't East, Rexburg, Idaho, iegarding ^ Condr^tional Use permit #12 0012gto keep a portable classroom at Adams Elementary School and Permit #12 00129 regarding a Conditronaluse Perrnit ro keep two (2) portable classrooms at Madison Middle School. The current Zon:ng for Permit #12 \anT is Communiry Business Center (CBC); and for perrnit #12 00129 is Community Business Center (CBC) and lvledium Density Residential One (1) (I4DR1). The said parcel #12 00128 is located ^t 1.10 North 2"dEastin Rexburg, Madison County, Idaho,and rnore particularly descrjbed as follows: Property locarion: Legal Description: (Adams Elementary School) Commencing at the Southwest corner of Lot 4, Block 20 of theRexburg Townsite, MadisonCounty, Idaho, as Per the recorded plat thereo{ and running t}rence STeIt t 6S feet; thenceNorth 222'75 feet; thence East 165 feet; thence North 107.i5 feet; rhence East 82.5 feer; thenceSouth 165 feeq t}ence West 82.5 feet; tlrence South 165 feet to the point of beginning,Subject to all exisring rights of record, of possession or of use. The said parcel #12 00129 is located ^t 575 West 7th South in Rexburg, Mad.ison Counry, Idaho,and more particularly described as follows: Property location: Legal Description: (r4adison Middle School) A parcel of land situated in Madrson Counry, State of Idaho, Township 6 North, Range 39 Eastof the Boise Meridian, Section 36 rnore particularly described as follorirs, Begrnning at"rheNort-heast corner of section 36, Township 6 North, Range 39 East, Boise tr.l".lai"r, thenceN90"00'00"\)7 for a distance of 394.00 feet to the True Foint of Begrnning. ThenceN90"oo'oo"!7 for a distance of 755.72 feet to the East right-of-waifio. "; old U.S. 191; thences30"22'"13"\x/ along said right-of-way line for a distan.. if 6g+.+4 ieet:THENCE N89"39'37"E, for a distance of 493.13 feet; THENCE 500"20'23 E for a distance of 217.25 feer; THENCE, S89"39'37"W for a disrance of 99.85 feet; THENCE 500"20'23"E for a distance of 515.g6 feet; THENCE N89"39'37"E, for a distance of 693.71 feet; THENCE, N00"30'12"E for a distance of 367 .34 feet; THENCE N31"40'15"!7 for a disrance of 108.91 feet; THENCE N05o09'37"E for a distance of 659.67 fee to the True Point of Beginning. At such hearing the Planning & Zoning Commission will hear all persons and all objections andrecolnmendations relative to such-proposed permit. The City Cterk will also accept wdnencomments at City Hall prior to 4:00 p.m. on May 02,2012. This n-odce is given pursuant to t_he provisions of Secuonamendments thereof. DATED this 26rh day of March,2012. 67-6509 and 67,6511Idaho Code, and all CIry OF REXBURG€$$&znl%-,,.,,;,;;itr;lP*htR Publish Aprd 14 and April 2g,2012 'Community Development Deporlmenl SUBJECT: APPLICANT: PROPERTY OWNER: PURPOSE: PROPERTY LOCATION: PROPERTY ID: COMPREHENSIVE PLAN: ZONING DISTRICT: APPLICABLE CRITERIA: AUTHORITY REXBURG Conditional Use Permit application, file #12 00128 & 12 00129 Adams Elementary School and Madison Middle School Madison School District 60 West Main Rexburg, ID 83440 Madison School District Requesting Conditional Use Permits to keep a portable classroom at Adams Elementary School and2 portable classrooms at Madison Middle School 110 North 2nd East and 575 West 7ft South Rexburg,ID RPRRXB1 O2O3OOO, RPRXBCAO 360012 Public Facility Adams - Community Business Center (CBC) Middle School - Community Business Center (CBC) and Medium Density Residential I (MDRI) City of Rexburg Development Code (Ordinance Code 1026) - $ 6.12 Conditional Use Permits $ 6.12 (F) (7) "All other conditional use permits may only be granted after review and recommendation by the Commission and approval by the City Council..." BACKGROUND The applicant is requesting a permit to continue the use of 2 temporary buildings at the Middle School, and a new CUP for the Adams building. SITE DESCRIPTION Adams is located atiiO N. 2nd East and Madison Middle School is located at575 West 7ft South. L il. Case No. 12 00128 and 12 00129 ilI. ANALYSIS The following are the criteria for granting a conditional use permit. Some of the criteria are followed by staff s analysis. A conditional use will: L Continue the use of a Temporary Stracture fls per Conditional (Jse permit 07 00312. At the Madison Middle School, the applicant is requesting to continue the use of 2 temporaryclass room structures that were allowed by a Conditional Use permit (CUp). CUp 07 OOZTZwas an extension for an earlier temporary permit. The Adams school property did not receive aCUP. It is now requested. 2. Be in accordance with a speciJic or general objective of the City's Comprehensive plan and theregalations of the City of Rexburg Development Code. Comprehensive Plan N/A Development Code (Ordinance 1026) There is no specific language. Be designed and constructed in a manner to be harmonious with the existing character of theneighborhood and the zone in which the property is locuted. Both areas are in CBC zoning and schools are allowed. Madison Middle School also has MediumDensity Residential 1 zoning. Not cteate a nuisance or safety hazardfor neighboring properties in terms of excessive noiseor vibration, improperly directed glare or heat, electrical interference, odori, dust or airpollutants, solid wuste generation and storage, hazardous materials or waste, excessive trafficgeneration, or intederence with pedestrian traffic. Regarding glare, heat, electrical interference, dust, air pollutants, noise, vibration, odors:Adherence to City standards should prevent these impacts from becoming a nuisance. Be adequately served by essentiol puhticfacilities and services such as access streets, policeandftre protection, drainage structures, refuse disposal, wuter und sewer service, antl schools.If existingfacilities are not adequate, the developer shull show that suchfacilities shall beupgraded sufficiently to serve the proposed ase. These are existing uses. Not generote traffic in excess of the capacity of public streets or access points seming theproposed use and will assure adequate visibility at trafric access points. These are existing uses. -t 4. J. 6. Case No. 12 00128 and 12 00129 Page2 I from adverseimpacts of noise, building7. Be effectively buffered to screen adjoining properties size and resalting shadow, traffic, and parking. The Adams unit was set into a residential setback. 8. Be compatible with the slope of the site and the capacity of the soils and wiu not be in an areaof natural hazards unless suitahly designed to protect iivis and property. The parcels are flat. 9. Not result in the destruction, Ioss or damage of a historicfeature of signfficance to thecommuniQt of Rexburg. Not applicable. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the proposedconditional use permits can be approved, denied, or approved with conditions and then makerecolnmendation to the Citv Council. IV. Case No. 12 00128 and 12 00t29 Page 3 I @ clfil.ll:;- -'- -- TTEXBURG-- -_- 'l!' rlrilJiir!: / irrtirf { jtn,lft riiy P.O Box 280 35 North 'lst East Rexburg, ldaho 83440 Phone (208) 359-3020 Fax (208) 359-3022Review Action April 13,2012 Permit Number: 1200128 Project Name: Adams schoor- cup to keep portable classroom Project Type: Conditional Use permit Review ltem puuiiiWoirs:ReViCw Public Works Review Parcel #'s RPRRXBI0203000 Acl-io-ns_B-e_gu_ire_d*_f_o^r-App-r_o^v-al_Ap+rsved- 04t13t2012 [:IIl t]l: nHxllLll{G N'-'-- - ,lrr&rrirr:i lir!iit t.:'rf arvDir P.O Box 280 35 Norlh lst East Rexburg, ldaho 83440 Phone (208) 359-3020 Fax (208) 359-3022Review Action Apnl 13,2012 Permit Number: 12 00128 Project Name: Adams school - cup to keep portable classroom Project Type: Conditional Use permit Review ltem F i re Departme nt 'Re'v'iew Olher Gomments Parcel #'s RPRRXB t0203000 Apllon-s-Rc-q u i re d fo r Appto._val _* *-App-Lo-v-e-d" 04104t2012 L:lrl (il: ITEXBUl{G c\'-" -- -- - ' rlilra,iiJ:i r:rrriir i.'!rrrrlDiri, P.O Box 280 35 Nofth lst East Rexburg. ldaho 83440 Phone (208) 3s9-3020 Fax (208) 359-3022Review Action April 13,2012 Permit Number: Project Name: Project Type: Review ltem * - GlSReview t' , : 300' Notification List Generated. Description Closes and described thedesired area. Parcel#'s RPRRXBI0203000 12 00128 Adams School- CUp to l<eep portable classroom Conditional Use Permit AcJio-ns..Reg_qiredlelApp_r_slm!*_--Approv-ed. 04to2t2012 04to2t2012