Loading...
HomeMy WebLinkAboutALL DOCS - 12-00056 - DP Beck, LLC - Rezonemillti.:'*"-fl0ii"i, i r i, "..t ff1pi,; Publication Fee: $250.00 Rezone Fees: Less than 1 acte: $500.00 More than l acre,less than 5: $850.00 5 to 10 actes: $900.00 TotalFeesDue: s i, 1($ .ff() Applicolion City of Rexburg Phone:208.359.3020 Fox: 208.359.3022 CITY OT REXBURG Anwi ca's fu milY fu mmutttY Fee(s) Paid: Yes/No Rezone:$+ $250.00 Fot Publication Fee Curent Zone: Requested Zone: Application Information ?Ar't D L 86 eZ. € g'/es:7'rF/c!'/4f Applicant: -.DP -R tlt K , LL t Phone: ffo*n.r tr Putchaset I Lessee Applicant's Aaat.tt'- Clty/Y./7:y' Recorded Owner:Phone: Recorded Owner's Address:Lrt. 5 City/ST/Zip:Recorded Owner's Address: d 0 \vv r'L'- Contact Person (If different from above): nll iitAddress of Subject ProPetY: l'q 'l' ;, 'f ': ' i !' '!' ' {l' property Descripnon p'ou must attachthe Lot, Block & Subdivision name or recorded deed with a metes and D t0 bounds descriPtion): ParcelNumber: KPRRXBi(r0to30 t \ Quatter: Section ----------=---:.-Township: Range:- s€E LEQrA L'DSscqppTroU Mapping Department must initial here to signiff patcel vedficationi - Ovet 10 acres,less than20: $1500.00 20 acres and over: $2500.00 i-fi il,,,ui *i, "draiiphr CITY 0i fiti'tj Date of Public Heating: Atfidqvit of Legol Inleresl www.rexburg.org City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022 CITY OS State ofldaho County of Madison I, t zf6(V fzaa f Address fr"n KurzZ Being ftst duly sworn upon oath, depose and say: (If Applicant is also Owner of Record, skip to B) A.That I am the recotd owner of the properry described on the attached, and I grant my permission to: Name Address to submit the accompanying application pertaining to that property. B. I agree to indemni$r, defend and hold Rexbutg City and its employees hatmless ftom any claim or liability tesulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this Subscribed and swotn to before me the dav and vear fitst above written. Residing at: REXBTJRG Amdica's Family C,ammunity Name Signature Development Information 1. Size of Prooertv 2. How is the property now used?_r1lVrl C r-rAt lc\t 3. How are the adjoining ptoperties used? 4. Are there any existing land uses in the general arca similar to the use? If ves. what arethey, and where are they located? \| g: 5. On what street(s) does the property have frontag.? \l And 'LC . SquareFeet(or) J.J5 4.t., 6. Why are you requesting annexation into the City of Rexburg? What use, building or structute is intended for the property? B. 9. !7i11 this annexation have an impact on the schools? Xln Are water and sewer facilities, streets, fire and police presendy serving this atea? 'Vps 10. Are City services adequate to serve any future development proposed? /ea 11. \7il1 measures be proposed to assure that public facilities and services will be added?Ves tZ. $the site large enough to accommodate the proposed uses, parking, and buffering required? 13. Is the atea currently sub-divided or going to be sub-divided?UO 74. Any additionalcomments? tJO Note: W.hen an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be processed if it is not complete. A headng date will be scheduled only after an application has been accepted as complete. 1,. A formal tnffic study will be required for a retai sales area more than 75,000 feet; Schools for mote than 100 students; Apartment complex with 50 apaftments or more. 2. Befote annexation, the person or firm applylng for annexation will agtee to certain things: Curb and gutter, streets, srgnafng, w41!99 Signature of Applic?frt: ATIIftNUFTIILE & ESIROW COBP13| E. lvlAlil SIEEEI f,ffilrRc nntrrn RECORDER ATHC OrderNo.:124667 F'ORVALIIE RECEfVND BcleznProperties LLC,ln Idaho Limitcd Liability Company the granlor(s), do{es} hereby granl bargnin, sell and convey unto DP BeckLLC' an Idaho Limited Licbility Company rvlrose current address is TO HAVE AND T0 I-IOLD the said premises, with their appurtenancss unto the said Grantee, heirs and assigns forever. And the said Orantoi does lereby sovenant to and rvitlt the said Crantee{s), thal (s)he is/are the owner{s) in Fee slmple of said prenrises; that the.y ars liec fi'om allencun:bmnces 0xcept: iunent Year Taxes, conditions, covenants, restrictions, reservaticttts, ssset:lents' rights nnd rights of way, apparent cr of record. And that (slhe will rvarrant and defend the same f'rom all lalvful claims whatsoever- Q*n**YDEEn Stute ol'lD) ss Counfy of Madison) On this WOurof Decentber,20l l, bef'ore mc, porronoffipeared Brian J. Haynie lcnorvn or identified to ms to bt the Managing Memher ln the Ll*ited iiu'iitity Compnny knorvn as rylro rxecuted the foregoing instrunrent" and acknorvledged to tne that hcishs executed the satre in said LLC namc, lN WITNESS WHEREOF, I have hereunto set my hand artd al'fixed tny olficial seal the day and ycrr ht Parcel 1: Cognmensing 107.25 fN"rrn of the Southwest comer of Lot f, lt 6 of tlre City of Rexbutg, Madison County, Idaho, and running thence East 20 rods; thence North 11.5 rods; thence West 20 rods; tience South 11.5 rods to the point af begimring. Parcel 2: Commencing at the Southwest coruer of Lot 2, Block 6 of the City of Rexburg, Madison County" Idaho, und rururing thesce East !0 rods; tlence Norlh 6 1/2 rods; thence West ?0 rnds; thense South 6 1/2 rods to the point of hcginning. ?"6 ,, ,i; 1,Li:: ciTY or: I\l3l f6#'Jg: Eei EF$5I$ PASSED BY THE cITy couNCIL AND AppRo\,'ED By rHE MAyoR on this 2".day of Mzv.2012. REXBURG ADmuri lirarrh (:rdr0rsh. ORDINANCE 1085 ANI ORDINANCE AMENDING AND CT{ANGING THE ZONINGMAp OF THE CrTy oF RE)BURG, IDAIIO, AND PROVIDINGTHAT THE ZONED DESIGNATION OF TI{AT CERTAINPROPERTY HEREINAFIER DESCRIBED, SITUATED INREI(BURG, MN)ISON COUNTY, TDAHO, BE CHANGED ASHEREINAI.TER DESIGNATED; AND PROYIDING VHENTHIS ORDINANCE SI{ALL BECOME EFFECTTVE. BE IT ORDAINED BY the Citv of Rexbwg, Idaho: sEcrroN r: That the zoning map of the city of Rexbug, Ideho, which is filedyrth fe city clerk thereo{ be, and the sarne i9 heteby amended anf, ch"ng.a to;rooia"that tbe hereinafter desctibed propetty (#12 oofo; i, rezoned from centl B*i,,"r,Disttict (cBD) and Medium Delyr R3sidendal 1 (MDRI) to Nfixed ur. iguruzj ""aproperty (#12 00056) is rezoned ftom ught Industrial p9 to M.dir- DeniftliesidentiatTwo (MDR2). The said ptoperq (#12 00136) is located at 51 South 1" East, in Rexburg MadisonCounty, Idaho, and rnore particularly described as follorvs: Parcel 1: Lot 3 of Bloch 3T of the otiginal RexburgTownsite, I{adison countv. Idaho. The said property (#12 00056) is located at 32g North 2'd wesq in Rexburg, ItladisonCounty, Idaho, and more particularly descdbed as follows: P.arc2l2: c_onrmencing 107,25 feet North of the southwest cotner of rnt2,Block 6 of 11" g,y of Rexburg, Madison county, Idaho, and nrnning thence East zo rJ; *.o..North 1 1.5 tods; thence west 20 rods; thence south 1r-S"rods to arr" p"i"i"iu"g"--g.Parcel 2r commencing at the southwest coin€r of r-ot z, Btock 6 or ti" city oi nou.rrgIvladison county, Idaho, and running thence East 20 tods; thence N otth 6 i/. tods;thence West 20 tods; thence South 6 l" tcrds to the point of b"gi""i"g, - -- sEcrIoN I[: That a new zoning map showing these amendments shalr becettified to and declared tote the.official zo"itg-*p o"f the city "f RJ;d-b" *ssage ofthis Ordinance by tle City Council of the City o? ne*hrrg, sEcrIoN IrI: This ordinance shall become effective upon its passage, approvalaad publication. fuchard S. Woodland, Mayor Blair D. Kay, City Clerk STATE OF rDAHO) County of Madison ) )*, I, BLAIR D. KAy, City C,erk of thc citv of Rexbur-g-I&ho, do here\ certifr: Thatthe above and fotegoing i, "-fuil, t o. "od "o...i "opy of?. Oriirrr.;E,i"d"i, AN ORDINANCF' AMENDING AND CIIANGING THE ZONINGMAp OFTHE CrTy_o_F REXBURG, TDAHO, enro pnovrorrvij,TI{ATTHE ZONED DESIGNATICiN OrrrNr CNNMTNIPROPERTY HEREIIVAFTER DESCRIBED, SITUAiED;NREXBURG, MADrlgrygouNTy, TDAHO, EE CHANGEDASHERETNAFTERpE_s_rcf\ATED;ANDpriovmrNcwiEN THrs oRDTNANcE sHArJ, necbrrae sFrEcrryE. :l&TrT.*E cIrY couNcIL AND AppRovED By rHE MAyoR this 2d day Blafu D. Kay, City Cletk 'Dx"otl"ffi CIly Or* REXBURC Anr eritri\ Iilrn il y ()o ru n uni tt ORDINANCE 1085 AN ORDINANCE AMENDING AND CHANGING THE ZONINGMAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDINGTHAT THE ZONED DESIGNATION OF THAT CERTAINPROPERTY HEREINAFTER DESCRIBED, SITUATED INREXBURG, MADISON COUNTY, IDAHO, bN CHANGED ASHEREINAFTER DESIGNATED;AND PROVIDING WHENTHIS ORDINANCE SHAIL BECOME EFFECTI\,E. BE IT ORDAINED By the City of Rexburg,Idaho: SECTION I: That the zoning map of the city of Rexbutg, Idaho, which is frredwith the city clerk thereof, be, and the"sarne is heteby amended ^rf,.hurg.a io f-rria"that the hereinafter Utttlt"tnroperty (#1,2 001,36) is rezoned ftom central BusinessDistrict (cBD) and-Medium o""tiq' itesidential r pronry to Mixed Use 2(N.{u2) andProperty (#12 00056) is rezoned from Lrght Industrial [,rj to Medium o.rriirln.sidentjalTwo S.{DR2). The said ptoperty (#12 00136) is located at 51 south 1,,East, in Rexburg MadisonCount/, Idaho, and more particularly described as follows: Parcel 1: Lot 3 of Block 37 of the origrnal Rexburg Townsire, Madison county, Idaho, The said property (#1,2 00056) is located at 32g Norh 2nd \fest, rn Rexburg, MadisonCounty, Idaho, and more particularly described as follows; Parcel 2: commen cng 107 .25 feet North of the southwest corner of Lot 2, Block 6 ofthe city of Rexburg, Madi,son counf, Idaho, ura ,,rrroirgih.rr." East 20 rods; thenceNorth 1 1'5 rods; thence west 20 rods; thence south 1 1.S"rods to the point of begnning.Parcel 2: commencing at the Southwesr corner of Lot 2, Block 6 of the city of Rexburg,Madison-county, Idaho, and ^running thence East 20 ,oju in.r,.e North 6 1/z rods;thence west 20 rods; thence South d'/, rod,, to the pomt of beginning. sEcrIoN II: That a new zontngmap showing these amendments shan becertified to and declared to be the official"zoning map .?,rr. ci y of Rexburg by passage ofthis Ordinance by the City Council of the City o? nexUurg, sEcrIoN III: This ordinance shalr become effectiv, and publication. vrwr!.rtvu o'4u rrEL(,'c errecuve upon lts passage, approval PASSED BY THE cITy couNCIL AND AppRovED By rHE MAyoR on this 2"dday of May, 201,2. r.- rYu I r vr\ (Jrrr::;Y:,rez SEALJ s fuchard S, Woodland, Mayor STATE OF rDAHO) )tt County of Madison ) I, BLAIR D. Kr\y, city clerk of the city of Rexburg, Idaho, do hereby certift: Thatthe above and foregoing is a full, tn-re and correct .opy of"ih. ordrnance Entjtled: AN ORDINANCE AMENDING AND CHANGING THE ZONINGMAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDINGTHAT THE ZONED DESIGNATION OF THAT CERTAINPROPERTY HEREINAFTER DESCRIBED, SITUATED INREXBURG, MADISON COUNTY, IDAHO, be crr,tNGED ASHEREINAFTER DESIGNATED; AND PROVIDING WHENTHIS ORDINANCE SHALL BECOME EFFECTIYE. PASSED BY THE, cITy couNCIL AND AppRovED By rHE MAyoR this 2-u davof May,2072. 'r ,{\\\$UI t | | 'I'"'/il//rr,- st#'::"::;pez5"=r7trr r r'-i -= ==, DDlLLl S %r,rr;,N 4rU, V\i/ l4t t , Blair D. IGy, City Clerk Findings of Foct City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022 1,. Rezone DP Beck,LLC Approxim ately 328 North 2"d \7est On February 14,2072 David Beck presented to the City of Rexburg Planning &Zonng Coordinator a request and application for a zone change for the property located at approximately 328 North 2"d West in Rexburg, Madison Count|, Idaho to be rezoned from Light Industdal (IJ) to High Density Residential2 (HDR2). On February 14,2012, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on February 25 and March 1,0,201,2. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. On March 15,20!2 David Beck. ptesented to the Planning&ZonngCommission for the City of Rexburg, the Request for a Rezone for the property located at approximately 328 North 2"d West in Rexburg, Madison County, Idaho to be rezoned from Light Industrial (I-! to High Density Residential2 (HDR2). M"ry Ann Mounts motioned to recolnmend to City Council to deny ^ zofle change from Light Industdal 8-I) to High Density Residential2 (HDR2) for the property located at approximately 328 North 2"d \il/est fot the reasons stated tonight (residential would be next to industrial, children atffacted to adjacent industrial uses, industrial vehicle and City equipment ftafftc, concern for safety of children, too far from existing multi-family use, parcel conducive to light industdal use, and perceived spot zoning). Scott Fetguson seconded the motion. 2. 3. Those in Favot: Winston Dyer Mary Ann Mounts Thaine Robinson Marilyn Rasmussen Scott Fetguson Cory Sorensen Gil Shirley Motion carded. The City Council will Those Opposed: Dan Hanna make the final decision. 4. March 2lr2012 at a Ciry Council meeting the proposal to Rezone at Approximately 328 N. 2"d West from Light Industdal (I-I) to High Density Residential2 (FIDR2) was discussed. Ptesentation by staff: City Attorney Stephen Zolhnget reviewed the request to take 328 N. 2"0 \il7est from Light Industrial (LI) to High Density Residential 2 (FIDR2). Five neighbors expressed concern about ttaffrc at the meeting. Planning andZontng recommended not approving that area for the HDR2 Zone He requested that David Beck, one of the neighbors, be given an opportunity to speak on the issue. Ptesentation by applicant David Beck, a resident of Rexburg, shared his thoughts on the issue. He wondered, since the area was denied for married housing, rf the atea should be left as Light Industrial Zone 8-I). To better understand the LI arcahe went to the north land owner, Dave Walters, to see whether or not it was a good idea to leave it a LI. The LI area allows for sewage pump stations, light manufactudng, refuge offices, gas and utilities companies etc. \X/hat is the long term potential with the comprehensive plan? Dave V/alter's aggregate will be diminished in a year or so, and would like to see the area developed into a park or recreational facitty. This weighed heavily on the Planning andZonrngBoard. He wants to know, with the long range Comptehensive Plan, if it's the city's vision to see a 55 foot building with a chain length fence. He would like to see the area turned into an MDR2 Zone instead. Council Member Smith agreed that MDR2 would be a more applicable use in that ate as a transition. She does feel that the HDR2 is a better use right now with it being close to the University. The plan shows Moderate to High Density. Council Membet Merrill asked about the safety issues with the trucks from the concrete plant using the roadways in that area. David Beck assured the City Council there is curently no truck ttaffrc from the conctete company. It's all blocked off, and intended to remain that way. Council Member Benfield asked about the size of the water line. David Beck said it would depend on the needs of the facitty, and would be determined by the load and pfessute. If the arca is left LI it would still have to be addressed. City Attorney Zollinger recolnmended the City Council either act upon the request, or table it and send it back to Planning andZontngto consider lowering the density. Council Membet Sutherland moved to table the rezone request at approximately 328 N. 2'd West 6to6 T ight Industrial pI) to High Density Residential2 (ts.DFt2) and send it back to Planning andZontng for reconsidetation as discussed; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting ave Council Ptesident Mann Council Member Benfield Those voting nav None Council Member Merrill Council Member Smith Council Member Sutherland The motion carded. 5' At the Apdl l9r2012 P&Z meeting, applicant David Beck came before the Commission for considetation of a lower zorte, ^s was directed by the City Council who tabled the request at theu March 21" meeting. Dan Hanna motioned to recommend to City Council to consider granting the zonechange fiom Light Industrial to Medium Density Residential 2 (instead of the onglr"[y requested HDR2) for the property iocated at approximately 328 North 2"d West.;eJC Watt et seconded the motion. The motion was discussed, including the possibiliLy of z sunset clause. A sunset clause was not added to the -otiorr. _Ch.airman Dyer asked if it was the time for this change. Jedd Walker felt it was time. Those in Favor: Dan Hanna Jedd \X/alker Richie \7ebb Nephi Allen Madlyn Rasmussen Scott Ferguson Gil Shirley Cory Sorensen Motion carried. Those Opposed: Winston Dyer Thaine Robinson 6' On May 02r 2012 at City Council the proposed rezone of propety at approxim ately 32g North 2nd \West from Light Industrial (I-I) to Medium Density Residentiai 2 6MDR2) was reviewed. Community Development Director Val Christensen reviewed the proposal on theovethead screen. The property is south of Dave \ilZalter's Pond and ,rorth tf nockyMountain Powet's Service Centet. It is about 2l/t acres, about 1/r of thecity biock. Therequest is to take it from the cutent ,9frg of Light Industrial to Medium DensityResidential2.In the past the proposal has bien reLrned, fiom city council, to planning andZonng for teconsideration to a lesser zone. This proposal aropp.d the High Density toMedium Density Residential 2. Council Member Busy asked why it says approximately, Mr. Chdstensen said it's because there is not a physical structure located on the property. Council Membet Merill moved to approve the rezone of property at approxim ately 32gNorth 2"d West from Light Industriai pi; to Medium Density Residentiaii 6rr,ronz;;Council Member Benfield seconded the motion; Discussion: Mayor Woodland asked for avote: Those voting aye Council Member Busby Council Member Benfield Council Member Merill Council Member Smith Council Member Sutherland The motion carried. Those voting nay Council President Mann Dear Council Member The purpose of thir letter is to oppose the rerone of the prsperty at appfoximately 32g N 2nd westfrom Light Industrialto Medium Density Residentialfor planned development into 55 apartments The recommendation from the rlanni*g and zoning €ommission to approve th6 rezone was based inpart on the comprehensive Plan which shows the adjace$t property which is now a gravel pit, beingco*verted to a green zone or a park which would then be rurrounded by apartments and condcs. ThispropertY is currentfy privately owned ard the current owner has not been present at a*y of the publichearings and has never publicly stated that this property will be converted to a park. rt is rumored thatthe gravel pit will be closed in 5 years, even if this happens, warters fteady Mix plant wilt still be inoperation nt the cur:ent location. Thsre needs to bs fufther discussion and investigation before adecisian is made based on this essumption. operating adjacent to, or in close proxirnity to the property in question, are s*veral businesses, includingTri State Tire' waltsrs Ready Mix, The city of Rexburg, and Rocky Mountain power. Nearby are therailroad tracks' grain elevators and potato processing plant. Ther* is heavy machinery and semi-tractortrailer traffic associated with all *f thele businesses. All of this traffic will either pass dircctly in front of,or within 1 block af this property' There is currently a truck route that cofies around rhe corner at 3rdNorth which is less than a block from this property and to exit from the dead end street where theproperty is located, it is necessary to cross the truck route. one area of conce rn is the intersection at Znd west and lst North. This intersection ir to the south justover two bloc*s from the property. tt wolld be ths direct route the resid*nces wourd take to get to theBYU ldaho campil$. The faur way stop, combined with the railroad tracks is harardous ever with theamcunt of trafnc that curre ntly exists' This proposed developrnent wcurd potentiaily doubte the amountof traffic using this interrection. The intersection at rM westand znd North is also hazardous. The disruption to the current residents and businesses would be excessive if the proposed developmentoccurs' In addition' the noise and traffic from the busin*sses operatlng the close proximity would bedifficult for the residents of such a development. This proposed spot rerone of one rot, surroililded bylight industrial and single residences, is not the correct use of plan for the neighbcrhood or for the city. Thank you for your consideration. I ? ,,'L .l lt1 Y'"nvr'x-t' \at4+r to APR 2 7 20tz CITY OF REXBURG Do..u-,-d BeJ<-- tI The following hcmeowners living in the vicinity of 3?8 North r*d west are opposed to the proposed zonechange from Light Industrialto Medium De:rsity. i*,):r (g*r.{i\i\:, I{Ttus{{'*." Z# lvETl.- ilrt ya-'r,,r."- il*;r_*f)"r." { c* il*i $ 1-.r- V\r,^ tl/,,Lod\%*, _,/ -a rrr,(- t t$l'u'"ffi trs Nantt'r - /ili'r-q ,-- {l-;u*ftL 't-/, d'?o'ttj '-7'6ttW,, ,'fr"'Ar1 i/ I 4s,g )dpt-&/nnt,(8, -^ 6as,"\,'.) 3o9 t" Jor, tr f*r"o,St\ m*r",terrrf- 1u r) f i J urr{ N fr,.-'*#it*c 7A UJ 'rol \* p-fiq W ?ft{ f\} ?t4N ?&N fr"w-tu,- 5+g" ryMM" fr"ri {5 ,X,*:,tx Lt), ; ful lV ?,d {,,/rn;s }', rtQ ru lno t.; r:j,L Llurty €;r4lnd W*'Tr,t;:14 U, /\l* R / /i't& t' tS *{*t/' lnnntru l-' (: ;l-,u ( i riv ( B^*".**" ()"-"J-.$.fi, 2r ) flrrrr,1t {pu+d' A tt* ffi-n{^^*, I { *tr**7-r..,'}h**gl4lrr#j T'lq#.ra*v Ft"-rt'*,',u:r'l l'j H{ --) fr.,,3'@ W 3 t t //, ;rS ,"J l. i: \ "# t: t*i f'" :.f i ir,' )''' I' j,f r A,/, &6/*6/od fr-s'"^-,"rr,2s );7,7 a/. 3'A'to'ti- Mw. ]tJir, f.if't*,;"# 'rs*Y r., t f Cerlificqle of Mqiling City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022 REXBURG Americai Family CommunitY 35 North lY Eosl Rexburg, lD 83440 www.rexourg.org File #: llo oo-s l- L,* L a"y of,lgfAL, z0-l-Lmailed to the following parties: [See attached Mailing List) Yy' t-L,ut' '1"'--a-' - ArVurru ru File Name,\=zltrtu-1 ? WJrrLLa I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this NoTrcE rS HEREBY GIVEN, that aPublic Hearing will be held before the planning & zoningcommission of the city of Rexburg, Idah9, Thursday, Ml"r.h 15,2012, at7:05p.m., ar city Ha1located at 35 North.l.stE'ast,.Re*b,-ig, Ilrl3 ,.g"rainf -(itz ooose) rezoning a ploperty from LightIndustrial (I-I) to High Density Residlntial Two"(HDRa) The said property is located at approxim ately 32g North 2.d West, in Rexburg, Madison County,Idaho, and more particularly des.lb.a as follows: DP Beck, T.LC Legal Description: Parcel 1: cornmen cng 107 '25 feet North of the Southwest corner of Lot 2, Block 6 of the cityof Rexburg Madison county, Idaho, and running thence EastZlrods; thence North 11.5 tods;thence west 20 rods; rhence South 1 1.5 rods to Jre point of begiorirg.Parcel 2: Commencing at the southwest comef of Ltt 2, Block 6 of the city of Rexburg, Madisoncounty, rdaho' and running thence East 20 rods; thence North 61/z rods;thence west 20 rods;thence South 6 Yz rcds to tle point of beginning. At such public hearings the Plannin g & zonngcommission will hear all pe$ons and all objectionsand tecommendations relative t9 y.rt p.opor"d permits. The city clerk will also accept writtencomments at City Hall prior to 4:00 p m. on tvlarih 14,2072. ff.:ffiTriff::f*'"ant to the provisions of sectio n 67-6509 and,67-6511 rdaho code, and all DATED this 14th day of Febntary.201,2. CITY OF REXBURG Pubiish: February 25 and March 1.0.2012 Io PIN OwnerName PrimaryContactHouseNumberPredir T RPRRXB1OOOROAD RPRRXB1OO74570BASINGER BRIAN Y 46W RPRRXB10063O11BELEZA PROPERTIES LLC Y 7272 RPRRXB1OO74620CASALINO JOHN Y 2L6 W RPRRXB1006289OCITY OF REXBURG Y t2 RPRRXB1012L49O EUREKA PROPERTIES & INVESTMENTS CO LLC Y 2t84 RPRRXBl.O130T30GRACE BAPTIST CHURCH Y 262 N RPRRXBlOl2OO2O HARRIS ROGER Y 19 E RPRRXB1012OOl-OHEPWORTH JARED C Y 275N RPRRXB1012O97OHEPWORTH JARED C Y 275N RPRRXB1013019OHERTZIG MAURICE Y 0 RPRRXBl.OO72890HOKANSON RONALD M Y 311N RPRRXBl.O12L45OSANCHEZ ALFREDO Y 8L23 RPRRXB1OOT4600STUCKI CLYDE E Y 2L2 W RPRRXB1OO7297OTRI STATE TIRE INC Y 110W RPRRXB1.OO73697TRI STATE TIRE INC Y 110W RPRRXBlOl3OOlOUTAH POWER & LIGHT CO Y 25 RPRXBCAO19L2l8 WALTERS DAVID Z Y 0 RPRRXB1012OO51WHITE L ARTHUR Y 22r W RPRRXBTOOT4OOOWILLFORD SHERMA Y 24Q W oI StreetName StreetSuffix PostDirSecUnit UnitNumberCitv State zip 1ST N APT E REXBURG ID 83440 PLEASANT VIEW REXBURG ID 83440 3RD N REXBURG ID 83440 NORTH CENTER REXBURG ID 0 CHANNING WAY UNIT 113IDAHO FALLS ID 83404 2 W REXBURG ID 83440 2ND N REXBURG ID 83440 2 W REXBURG ID 8344C 2 W REXBURG ID 8344C P O BOX 1302 WESTWOODCA 96t37 2 W REXBURG ID 8344C KING ST BOISE ID 83704 3 N REXBURG ID 8344C 1ST N REXBURG ID 8344C L N REXBURG ID 8344C EAST MAIN REXBURG ID 8344C P O BOX 390 REXBURG ID 8344C 3RD N REXBURG ID 83440 3 N REXBURG ID 83440 I Research Need I / BELEZAPROPERTIES LLC IZT2PLEASANT VIEW REXBURG,ID 83440 EUREKA PROPERTIES & INVESTMENTS CO LLC 2184 CHANNING WAYUNIT IDAHO FALLS,ID 83404 HEP\i(O&.Tir JARED C 275 N 2vW REXB{JRQ',ID 83440 ,j \, .l' HOKANSON RONALD M 3llN2W REXBURG,ID 83440 /.\ TRI STATP TIRE INC ll0 w lsrN:" REXBURCT.:iD{:++O WALTERS DAVID Z P O BOX 390 REXBURG.ID 83440 .,/ ,t" Research.Nee$.qd For: RPRRXBI0T0ROAP ,,, CASALINO JOHN 2t6W 3RD N REXBURG,ID 83440 GRACE BAPTIST CHURCH 262N2W REXBURG,ID 83440 HEPWORTHJARED C 275N2W REXBURG.ID 83440 SANCHEZ ALFREDO 8I23 KING ST BOISE,ID 83704 TRI STATE TIRE INC ll0wlN REXBURG.ID 83440 WHITE L ARTHUR 221 W 3RD N REXBURG,ID 83440 BASINGERBRIAN I , 46WISTNAPTE REXBURG,ID 83440 '.'-,.. CITY OFIRE4AURC 12 NORT)ICJNTER REXBURG,IQ O HARRIS ROGER 19E2NDN REXBURG,ID 83440 HERTZIG MAURICE P O BOX 1302 WESTWOOD .C496137 STUCKI CLYDE E 212W3N REXBURG,ID 83440 UTAHPOWER& LIGHTCO 25 EAST MAIN REXBURG.ID 83440 WILLFORD SHERMA 240W3N REXBURG,ID 83440 r13 BELEZAPROPERTIES LLC I2T2PLEASANT VIEW REXBURG.ID 83440 EUREKA PROPERTIES & INVESTMENTS CO LLC 2184 CHANNING WAY UNIT I 13 IDAHO FALLS.ID 83404 HOKANSON RONALD M 3ll N2 W REXBURG,ID 83440 WALTERS DAVIDZ P O BOX 390 REXBURG.ID 83440 CASALINO JOHN 216 W 3RD N REXBURG " ID 83440 GRACE BAPTIST CHURCH 262N2W REXBURG.ID 83440 HEPWORTH JARED C 275N2W REXBURG,ID 83440 SANCHEZ ALFREDO 8I23 KING ST BOISE,ID 83704 TRI STATE TIRE INC ll0wlN REXBURG,ID 83440 WHITELARTHUR 221 W 3RD N REXBURG.ID 83440 | 2 (}* C,;6 'bi'" t*:c..lc QE3a1, BASINGERBRIAN 46 W ISTN APT E REXBURG, TD 83440( /; HARRIS ROGER 19E2NDN REXBURG.ID 83440 HERTZIG MAURICE P O BOX 1302 WESTWOOD ,C496137 STUCKI CLYDE E 212Vl3N REXBURG,ID 83440 UTAH POWER& LIGHT CO 25 EAST MAIN REXBURG.ID 83440 WILLFORD SHERMA 240W3N REXBURG.ID 83440 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Plannin g & Zonng Commission of the City of Rexburg, Idaho, Thursday, March 1,5, 2012, at 7 :05 p.m., at Ciry Hall located at 35 Noth 1't East, Rexburg, Idaho, regarding (#12 00056) rezoning a property from Light Industrial (I-I) to High Density Residential Two (HDR2). The said property is located at approximately 328 Noth 2"d \il/est, in Rexburg, Madison County, Idaho, and more particulady described as follows: DP Beck. LLC Legil Description: Parcel 1: Commencng 107 .25 feet North of the Southwest corner of Lot 2, Block 6 of the City of Rexburg, Madison County, Idaho, and running thence East 20 rods; thence North 1 1.5 rods; thence West 20 rods; thence South 1 1.5 rods to the point of begrn"ing. Parcel2: Commencing at the Southwest corner of Lot 2, Block 6 of the City of Rexburg, Madison County, Idaho, and running thence East 20 rods; thence North 6 Vz rcds; thence West 20 rods; tlence South 6 1/z rcds to the point of beginning. At such public hearings the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permits. The City Clerk will also accept written comments atCtty Hall prior to 4:00 p.m. on March 1.4,201.2. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6571 Idaho Code, and all amendments thereof. DATED this 14th dav of Febnaw.201,2. CITY OF REXBURG Publish; February 25 and March 10,201.2 cr?l'()rSTAFF REPORT Phone: 208.359.3020 Fax: 208.359.3022 35 Norlh l.t Eosl SUBJECT: APPLICANT: PROPERTY OWNER(S): PURPOSE: PROPERTY LOCATION: PROPERTY ID: COMPREHENSIVE PLAN: CURRENT ZONING: PROPOSED ZONING: SURROUNDING LAND USES AND ZONING: APPLICABLE CRITERIA: AUTHORITY: I. BACKGROUND II. SITE DESCRIPTION The total area involved in result in changing a Light Case No. 12 00056 Rezoning Application, file # 12 00056 DP Beck. LLC DP Beck, LLC 2860 W. 5200 s. Rexburg,ID Same as Applicant Request is to rezone from Light Industrial (L! to High Density Residential2 (HDR2) Approximately 328 North 2nd West Rexburg, ID 83440 RPRRXB1O063011. Moderate-High Density Residential Light Industrial High Density Residential 2 Residential, cement business, power company service center Low Density Residential2, Heavy Industrial, Light Industrial city of Rexburg Development code (ordinance code 1026) $ 6.13 Amendments to this Ordinance $ 6.13 (E) "The commission may recommend that the amendment begranted as requested, that it be modified, or that it be denied" this re-zoning request is approximately 2.25 acres, which if approved willlndustrial zone (Ll) into a High Density Residential 2 (HDR2j zon". Page I Community Development Deportmenl volc@rexburg.org www.rexburg.org The Rexburg Development Code allows for the Commission to make recommendations to the City louncil regarding whether or not the property should or should not be rezoned based on the criteriafound in section 96.13. REXBIIRG'(\'' i\nrc rcu s Fantily (jo ttmwit t ANALYSIS The request would require the Commission and Council to review the proposal against one set ofcriteria, for the request to rezone. Below, staff has provided all the criieria listed by ordinan ce 1026(Development code) that are required to be addrerr"d, follo*"d by staff s analysis of each criterion. il- Be in conformance with the city's comprehensive pran The Preferred Land use Map identifies the property as Moderate to High Density Residential. Theapplicant has requested High Density Residentiat i gnnz; zoning. This zone is allowed. b' The capocity of existing public streets, water and sewer facilities, storm drainage facilities, solidwaste collection and disposar, and other utitities. The city Engineer feels the infrastructure is adequate with the exception of a 6 inch water line.This could be an issue for fire protection. c' The capacity of existing pubtic services, including but not limited to, pablic sofety services,public emergency services, schools, and parks ond recreational semices. The city Engineer did not voice a concern. The appropriate Impact Fees will be collected prior tothe issuance of a Building permit. d The potentialfor nuisances or health and safety huzards that moy adversely affect adjoiningproperties. Staff has reviewed and does.not feel the change will have a negative effect. The commissionshould review the potential impact of mediunidensity zoning." e' Recent chonges in land ase on odioining properties or in the neighborhood of the map revision. Properties near Wolfe lighting are being requested for zone change to Mixed Use 2 which allows30 units per acre of residential. f. Meets the requirements of the comprehensive pran. The Preferred Land use Map identifies the property as Moderate-High Density Residential.HDR 2 is allowed in this group. IV. STAFF RECOMMENDATION If the Planning andzoningcommission determines that all of the criteria are met and that the higherdensity residential zoningis not a negative impact on the nearby residential neighborhoods, staffrequests that the Planning arfizoningcommiision recommend that city council process the requestedzone change. ilI. Case No. 12 00056 Page2 a;tlt 0i:-:ITEXBURG- -.---- cw - . A trit rica! latnily Co rn x nt ni4, P.O Box 280 35 North 'lst East Rexburg, ldaho 83440 Phone (208) 359-3020 Fax (208) 3s9-3O22Review Action February 17,2012 Permit Number: 12 00056 Project Name: Dp Beck, LLC _ Rezone Project Type: Change in Zoning AporovedPublic Works Review Public Works Review 02t16t2012 Parcel#'s 1. Access to water and sewer are available tothe site. The water line is only 6 inch and maylimit the size of the buildings in thedevelopment. 2. The existing road on the south side of theproperty is a dirt road leading to our sandstorage area. This road will need to bedeveloped to some stage to maintain access.3. This appears to be spot zoning.4. We will be using the industriallrea to theeast of this site for sand storage and may be aproblem with development next to an industrial USE. [?:ffi i In" o,',, n,,,t" o p m en r I .""'0, Number: r2*0qg, t:1. ::,, ,, 35 North 1st East / Rexburg, tO. AS+aO Phone (208) 359-3020 / Fax (208) g1g_3022 12 00056 12 00056 Rezone Public Hearing Notice Fee $1,100.00 $850.00 $250.00 $1,100.00 $ 1,100.00 FEB 14 2o\? cr{gfqq5e fIIt { Page 1 of 1