Loading...
HomeMy WebLinkAboutALL DOCS - 14-00138 - Grove at Riverside - CUP-100% Residential in MU2a tr la Condilionql Use Permil City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022www.rexburg.org Fee(s) Paid: Yes/No Applicant Name: Hutchison Smith Architects Address: 270 N 27th Street City: Boise St^t., fD Zip:83702 phone:208-338-1212 Iju: :.!'r''.r..t''/"' bs *',iL,L@[sc.,,iorl,,]t i !r'. E..'*'1 Owner (Complete if owner not applicant) Name: The Grove at Riverside Limited Partnership Address: 4110 EatOn AVenUe clty: Caldwell Strt., lD Zip:83606 phone:208-459-8522 Property to be Covered by Permit: Address: 325 N 1st East 7or, MU2 Legal Description of the property pot, Block, Addition, Division Number) See attached Alta survey for full legal description. A portion of Lot 1, Block4 and Lot 1, Block 15 of the Original Rexburg Townsite. *Please see Sections 6.12 & 6,9 of the Rexbutg Development Code fot rcIevant attachments that must be included with this application. Nature of Request (Bdefly explain the proposed use) Construct a 3 story, 48 unit apartment building on 2.35 acres. Existing use of property: CITY OF REXBURG #W*,0 Vacant. Land was previously a gravel pit that was subsequently filled with building rubble and soil. to ll !7i11 this have an impact on schools: i9: Requirements for Granting Conditional Use Permit The?olowing information -ill u.rirt the Commission and City Council to determine if your proposal will meet the tequirements under the zoning ordinance. 1. W.hat is the estimated water usage per month? Ate the existing mains adequate to provide fire protection? Existing water main is adequate and is extended into site at fire hydrant. Z.'Whatis the estjmated sewet usage pef month? Will pretteatment be necessary?Existing S" sewer main is and 6" line has been extended into site. 3. What is the estimated daily traffic to be generated?\fill the traffic be primarily pdvate vehicles or commercial trucks? Pt't"tg r9!'"!9.. 4. If commercial, industri al, or a home occupation, what will be the hours of opetation?N.A. 5. will stoffi water drainage be retained on site? Is an existing stoffi drun available? Is it at capacity? If so, will new facilities be cOnstruslgd) Storm waterwill be retained on site 6. If proposed use is tesidential, describe number and type of dwelling units. 'J7i11 this be student housing: multi- family fot yorrt g famiJies, singles and couples, ot eldedy? (48) two and three bedroom units' Apartments for low income tenants. 7. What provision has been made for fre protection? \Vhete is the nearest fire hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fighting equipment? Building will be fire sprinkled per NFPA 13R. Thele is one existing h access road with turnaround has been provided on the south side of the are required and 96 spaces are being provided. g. How much parking is being provided on-site? Do the aisle widths and access points comply with the otdinance requirements? Has landscaping been provided in accordance with the ordinancsf 96 spaces 9. Where will solid waste generated be stoted? Is access adequate for the City collection? one location for two for an enclosure. 10. !7hat isthe type of noise that will be generated by the use? What are the houts of noise generation? Residential noise. |}. 1 1. What type of equipment will be used in the conduct of the business? ot N.A. 12.'Whatare the surounding land uses? Has buffering been provided as required by the ordinance? WestCityPark.North:CityCanal'East:MadisonSchoolDistrictMaintenance street) South: 73. Are any ak quality petmits requited? N.A. Is dirt or othet dust creating materials moved by open trucks or box cars? 14. \fil the patking lots or othet outdoor areas have lighting? 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? Fot commercial ,rsis, wh.re are the loading docks? Is there sufficient space fot truck parking? 16. If acommercial, multi-family, or public assembly use, where is the nearest collector street? Atterial street? N 2nd E, E Main. 17. Vihat, if. any,slgnage is anticipated in connection with the proposed usage?4'high x 6'wide stone monument in Dtanter between building and sidewalk. Thep&ZCommission or City Council may address other points than those discussed above, but a narrative addressing at least those applicable points will assist in ptocessing youf application, _ . A pLoTisITE) pI-aN rrir-tst BE ATTACHED rN ononn To pRocESS THIS APPLICATIoN. Included on the plot plan please show setbacks, buildings, patking, etc' r please submit 18 copies of the completed application and any othet documents you ate submitting with it (site plan, vicinity map, affidavit of legal interest, etc') All applications that ate complete will be processed with due diligence and will be scheduled, dependent upon availabiJitl, for an upcomingagenda. Formal notice will be sent to the applican t after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated ot not met thete will be a90 day period to cure the problem. Failure io comply with the terms may result in tevocation of the Conditional Use Permit. 4-u -/y Date r |)f Affidsvlt of Legol lnteresf \.rww-rexD{Jrg.org State sfldabo County of Madieon ,, lilort-, tl il - Qu J J Naue oo Cily ot Rexburg Phoi,e: 208.359.3020 Fcx208.J59.3022 REXBURG {\r--""-""--- rilhrnii; lifi rlv t,il4sl!'iiR J,of '',fache Av* Addre*e f al IIdc h 11 Eeing first duly swom upoa oatb, depose and sap flf"Applicant is ako Ovrnet of Record, skip to B) A.Tbat I am tbe regord ounnes of the Pxopc*y dscfibed oa the a*ached, and I grant my f*rt*"";"" t", Sitl Tv'tn-{r - lrtrarrre ts submit the accompanying appiicatioa pettainiug to &at properry B" I agree to indmni$" defend and hold Rexburg Ciry and itn employees harmless fiom anv deln or liabiliry t"Jutri*S frc,m arrv dispute as to th€ statements contained herein or as ta the ownemhip of *re properrry$/hich is the subiectof the application' -/^d d t n/*--n-*-l rl.i. {&rr*;l cv.€,^ t Sigrranxe $ubscfibed and ssui$ to before me the day and year fit*t above writcen. ft lo The Grove at Riverside Apartments Conditional Use Application Narrative Community Development Inc. is requesting Conditional Use approval of a 48 unit, three story apartment building on 2.35 acres in a moderate intensity Mixed Use (MU2) zone at 325 N. l-'t East in Rexburg. Although multi-family is an approved use in an MU2 zone, conditional use approval is required because the owner is proposing a residential use only without a commercial component required by the zone' The Rexburg Development Code Section 3.14.030 allows 0% commercial portion in a MU2 zone with a conditional use permit. The proposed site layout also includes setbacks which differ from the setback requirements of the zone. The proposed apartments are intended for qualifying low income families' The Owner and Design Team are committed to designing and constructing a sustainable building and are pursuing LEED Gold Certification or higher for this project. The location is very well suited to this use because it is adjacent to the City park and the Teton River Trail as well as within walking distance to shopping and downtown' The Owners and Lenders analyses of the property, as confirmed by market studies and appraisals, indicate that the highest and best use of the property is the development of a Section 42 tax credit multi-family project. Commercial development that is complementary to the proposed multi-family is not economically feasible because of the following factors affecting both development and operating costs: o project requires atypically high site development costs due to buried structures and undocumented fills r Site design constrained by property owners to South and Southwest of the proposed first phase development r Site design is also constrained by easements along the North and South boundaries of the site o Exposure is not high enough without significant ongoing advertising r Rents per square foot on commercial space are limited due to site visibility o Property is in flood zone AE requiring ongoing flood insurance coverage For these reasons the owner has concluded that a commercial component is not viable and is requesting conditional use approval of the residential use only' The owner is proposing a lot line adjustment to create the 2.35 acre lot for this development from the existing 4.2 acrepropefi. While we currently are only requesting conditional use approval of the 48 unit building on 2.35 acres this project is envisioned as Phase One of a Two Phase project. Phase Two would be another 48 unit, three story building on the South portion of the site. We have provided a conceptual plan of phase Two. However this concept for Phase Two is contingent upon the purchase and removal of the four storage/shop buildings on N. 1't East. The owner has diligently been attempting to discuss the purchase ofthese properties from the separate owners, but these efforts have not resulted in anything definitive as of yet. We do want to be clear that in this application we are only requesting approval of Phase One Development' ol la We are af so requesting approval of the following setbacks: Front Yard: 44'-V. Rear Yard: L5'-5" (12'-0" to balconies). The MUZ zone calls for O feet minimum and 10 feet maximum front yard setback' We believe that a larger front yard setback is more appropriate for a residential development. Moving the building back away from the street allows us to provide the required parking spaces and to provide a larger landscape buffer between the building and street. There is not a rear yard setback requirement in an MU2 zone, however in high density residentialthe rear yard is required to be 20 feet. A 20 foot high density residential setback is typically for the benefit of adjacent neighbors. We believe this project location is unique in its location next to the park and that the proposed setback is an appropriate distance that allows the tenants to enjoy the open space of the park and still provide a L2'-L5' landscaped buffer. We believe this project willfulfill an important housing need in the community and will provide a good transition between the commercial uses on N. 2nd East and the Park' We respectfully request approval of our Conditional Use Application. fl t{ t"I\I f"... .. N !- ot I A#idsvit of legul Interesf County of Madiecn At t., O \lr, /flarr- , I I {,{i I ur '\ ct Name 41 I\€x Dr\ft 4city ll -rr 'l IId'Yhrt S:atr A Being first duly $worn up*n r:ath, depr:se and sayl {If Applica*t is *1*o Owner of Hecrrtd, nkip to B) 'I'hat I am the reccrd swnsr of the propcrry de*cribed on the rttached- and I 5;rent my permission *' BttL Tqtbk Namu Add*ess tr: subnrit the accomp*nying applicrtir:n pernining ta that propetty. A. I *gpee r* indemnify, defend and hold Rexbqg City end its employees harmless fiorn any claim c:r liability retulung from any dispute as to the statements contained hereia or as to the ownership of the ptoperty which is the subject of the applicetion. Dated rr',r. ;f{ eay ot tfuw*+*{ - ,zil l.l,# -g $ubecfibed nr*d swora t* befare rne fhe day and year first *bove written. Signarur* *-l t. The Grove at Riverside Apartments, 325 N. I't East, Rexburgr rdaho Record Description A Parcel of Land Situated in the State of Idaho, county of Madison, and is described as follows: Tracts I and 2: Beginning at a point 76 feet North of the southeast comer of Lot l, Block l5 ofthe original Rexburg Town site, Madisoncounty' Idaho' as shown on the recorded plat ttrereo4 and running ih; w; 135.1 feet; thence sJuth 16 feet; thence west62'9 feet; thence North I I feet; thence west 132 feit;th_ence Nortlh ts.o teet; itrence East ll2.4feet; thence North 100.2 feet;thence west ll2'4 feet; thence North 539.2 feetto the Northwest comer of toi t, uock 4 of the original Rexburg Town site; ||ilT"?T ;'Jrfft t" the Norttreast comer of said Lot l, Block 4; thence soutn : r s feet, rhence w;?t; feet; thence South 200 feet; thence South 132 feet to the point ofbeginning. 4 feet to the point ofbeginning. Also less: Part of Lot l, Block 4, of the original Rexburg Town site, Madison county, Idaho, described as: Beginning at a pointthat is 685' 18 feet North of the southeast to"-"t oiiot t,.l-t-"* r s of the origin-a1 nlxlyre i"*r ,iii lardison counry, Idaho,and running thence west 278.34 feet; thence S. 79"30'lg; w. 52.54r".q-tr,1ni. North 50.45 feet; thence East 330 feet to theNortheast comer of Lot l, Block 4, of the original Rexburg Town site; t't.n.. iortt 40.gg feet to the point of beginning. IPRXBCA0lS2{28 RPRRXB100{0200 ) i RPRRxBlotttoto RPRRXB1CIl53090 TRoWbc-> Ldr plNE Ey Lo-r T.I N g ADJ RPRru(fl01$0200 TR.P,C;r Z RPR&YB10t52St4 TRApT I RPRRXBl@42802 trRRXBS15?660 RPRRXBl015U50r1r***-lpRFU€10150730 \f_.-* \RPRruG \, 'r'. RPRRXB1olt3ffi1 RpRS(Bl0.|613{t RPRRXEIO16OOIO I RPRRXB1OIE RPFXBEAfiSST RPFflXBt0163160 RPRRXB10152€+1 RPRmGt016004{ fUin" McFerrin From: Sent: To: Cc: Subject: Attachments: Elaine McFerrin Thursday, June 19, 2014 3:11 PM 'vickie@cdinet.us' Val Christensen The Grove at Riverside - Zoning letter with Conditional Use Permit The Grove at Riverside - Zoning letter with CUP.pdf Dear Vickie, Per Val Christensen's direction, I have attached an updated Zoning letter with the Conditional Use Permit for The Grove at Riverside, per your request. I have put the original letter in the mail to you. 2334 Thank you, ElaineMcEerrin P€tZ Coordinator Gty of Rexburg 208.359.3020 ext. ,-d*$-x/";'e-,ql\f "ILd--l:'tI ENE=i\w I Elaine McFerrin From: Sent: To: Subiect: Attachments: Val Christensen Thursday, June 19, 20L42:47 PM Elaine McFerrin FW:The Grove at Riverside Conditional Use permit.pdf; The Grove Executed- Zoning Letter.pdf Elaine, Can you find the original CUP and make a better copy to attach to the letter I gave you, and then scan/ email and then send to Vickie? Thanks, Val From: Vickie Ensley fmailto:vickie@cdinet.us] Sent: Tuesday, June 17, 2014 9:21 AM To: Val Christensen Subject: The Grove at Riverside Good Morning Val, ljust left you a voice mail, the letter I have (attached) is dated 2013 and our lender is asking for an updated letter. They are also asking if you could include the CUP in the letter. Please let me know if you need anything else from me. Thank you, Vickie Ensley Community Development, Inc. 4tLO Eaton Avenue, Ste. A, Caldwell, ID 83607 (2O8) 649-Ls72 dinectl(208) 64e-L573 fax vickie@cdinet. us cl f Y oI: REXBT'RG A tn c ri.n'.. I:n m i lv Co N n1 u ni I y ThursdanJune 1.9,2074 Vickie Ensley Community Development, Inc. 4110 Eaton Avenue, Ste. A, Caldwell, ID 83607 RE: CurrentZoning for Parcels 42892 and 42961, Dear Vickie, This letter is ptovided in response to your request to confirm the zoning of the ptoperty whete Community Development, Inc. has identified as its next affordable housing community in Rexburg. The subject property is located at approximately 311N 1$ East Steet. The propety is zoned Mixed Use 2 (44U2). The allowed density is up to 30 units per acre and multi-family residential is a permitted use. I have attached a copy of the Conditional Use Permit (CUP) that was created for this at public hearing fot the allowance of multi-family residential only. Contact me if you have any futther questions. t Val Chdstensen C omrnunity Development Directot City of Rexburg Vd Christensen, Community Development Director City ofRexburg 35 North 1n East Rexburg ID 83440 Phone: 208.359.3020 Permit #: (,.l I i il i: -i-'r ;-11 ;- -rh-i- f --{"\ /--i i{*L1z',-ll L.rll-{:'(b ,.1ri:a;:.?:{ Fet1l i l'l Cfrl il}l!.: } t i h' CONDITIONAL USE PERMIT City of Rexburg Department of Commu n ity Developn'lent 35 North 1st East, Rexburg, lD 83440 Phone: (208)359-3020 14-00138 proiect Name: Grove at Riverside-cuP-100% Residential Site Address: 325 North 1st East Purpose Gonditions Print Name To allow 100% residentialand 07o cornmercial in a Mixed Use 2zone. 1. A fence shall be built on the south side (of Phase 1) of the subject property, to be negotiated between ihe developer and neighboring ProPertY owners. Section 6.12F.- Standards Applicable to conditional Use Permits, from Rexburg Developrnent Code Ordinance No- 1026- applies to the Conditional Use Permit. sisnature et{k',' ' -'4 ,--)- / Date: \3" '1 / /2//// Date lssued 5l3Ol2O14 lssued By: elainem Page 1 of 1 ,- r i \: /: l. i*rr€jsq Lfi t riai\ |:i1m; IY Cor,t i,t il tril.v From City of Rexburg Development Code Ordinance No' 1026: *'I::.D 1I. +. Constitute a conditional use as established in Table l.,ZontngDistricts, and Table 2,Land Use Schedule. Be in accordance with a specific or general objective of the city's cornprehensive Plan and the regulations of this Ordinance' Be designed and constructed in a manner to be harmonious vdth the existing character of th. neigtborhood and the zone in which the propertyls located' ., Not .r-eate a nuisance or safety hazatd for neighboring progelues m terms oI excesslve noise or vibration, irnpropetly directed glare or heat, electrical interference' odors' dust or air pollutants, solid - rt.'g.rr.r^tioo "nld-rt orage, hazardous materials ol waste' excessive o^ffi. generation, or interference with pedestrian uaffsc- Be adeluately seryed bf essential public facilities and services such as access streets' police and |te protection, drunage Stfuch]fes) refuse disposal, *".t.|- and sewer sewice, and schools. If existing facilities"are not adequate, the developer shall show that such facilities shall be upgraded_ sufficiently to serve the proposed use' theNot g..r.rrte traffic in excess of the capacity of public streets or access ponts sefvmg propSr.a use and v'ill assure adequate visibility at traffi'c access poi1rtt' Be effectiveiy buffered to screeir adjoining ptoperties from advetse impacts of noise, building size and resulting shadow, traffic, and patking Be corripatible with th. iop. of the site and the capacity of the soils and will not be in an ^r.^ of i^to, al'hazatds1t.rl.s' suitably designed to protect li:res and ProPertl- - Not resuit in the destruction, lo.s o, d.m^ge of a historic feature of significance to the comrnunity of Rexburg. 5. 6. 7. B. 9. Ciry of Rexburg 35 North i"'East Rexburg ID 83440 Phone: 208.359.3020 Fax: 208 359'3022 ,3t r-' ''.'-"'.-*i CjjYi,it' -l-r, :-r -. ; -^ . --* ' '--tj-{"_nAtJ L.il#" ; ' r\t ,l?:rJri&i! Fljz1ti l't' {);t1iii t1;i !i!}' CONDITIONAL USE PERMIT City of Rexburg Department of Community Development 35 North 1st East, Rexburg, lD 83440 Phone: (208)359-3020 14-00138Permit #: Print Name Signature Proiect Name: Grove at Riverside-CuP-100% Residential Site Address: 325 North 1st East Purpose Conditions To allow 100% residential and 07o commercial in a Mixed Use 2zone. 1. A fence shall be built on the south side (of Phase 1) of the subject property, to be negotiated between ihe developer and neighboring proPertY owners. Section 6.128- Standards Applicable to Conditional Use Permits, from Rexburg Development Code Ordinance No. 1026- applies to the Conditional Use Permit. <--/- / Date: x3- ,12: ' tz/ 1// Date lssued 5l3Ol2O14 lssued By: elainem Page 1 of 1 *, 1. 2. CliYiitj R-E,XSIJT{G lt nt tit's I:a r'i lt c'1 i'r ili I I tli t.v From City of Rexburg Development Code Ordinance No' 1026: Constitute a conditional use as established in Table 1',ZonngDistricts, and Table 2'Land Use Schedule. Be in accordance with a specific or general objective of the city's comprehensive Plan and Ciry ofRexburg 35 North 1't East Rexburg ID 83440 Phone: 208.359.3020 Fax: 208.359'3022 the regulations of this Ordinance' j. Be de"signed and constructed in a manner to be harmonious with the existing chatactet of the neigtbothood and the zone in which the ptopertyis located. 4. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, impropetly directed glare or heat, electrical interference, odols' dust or air pollutants, solid *^r,. g.rr.r^tior, ^n-.1 stofage' hazardous materials or waste, excessive trrfh. generation, or interfetence with pedestrian traffic' 5. Be adeluately sewed by essential publ-ic facilities and services such as access stfeets, police and frre protection, &ainage stfuctutes, refuse disposal, watet and seu/ef Service' and schools. If existing facilities"are not adequate, the developer shall show that such facilities shall be upgraded sufficiendy to serve the proposed use' 6. Not g.rr.rie traffic in e*c"rs of the ."priity of public sfteets or access points serving the propised use and will assure adequate visibility at tr.affic access points. 7. ^B. iff".tio.ly buffered to screeln adjoining properties from adverse impacts of noise, building size and resulting shadow' ftaffi'c, and parking B. Be corripatible with th. jope of the site and the capacity of the soils and will not be in an area of natu nlhazards unless suitably designed to protect lives and Pfopefry' 9. Not result in the destruction, loss or daiage of a historic featufe of signifrcance to the comrnunity of Rexburg. r1 {-i aY (ji J{_F_l_LB{JltrG ,\ |j1t' I t1t't i: ttfi!i)' (:o i tI tii I t t1 il )' May 28,2014 Hutchison Smith Architects 270 North 27s Street Boise,ID 83702 Attention: Bob Smith Re: #14 00138 Conditional Use Perrnit - The Grove at fuverside Apartments, 325 North 1" East, Rexburg, ID Dear Mr. Smith: Enclosed is the Conditional Use Perrnit document for the property located at 325 North 1't East (Ihe Grove at fuverside Apartments), to allow 100 o/o residential and 0o/o commercial in a Mixed Use Z QvlU2) zone, including the stated condition, per the Conditional Use Permit's approval at the May 21,,201.4 Rexburg City Council meetmg- Please keep this document for your recotds. Section 6.12 B-standards Applicable to Conditional Use Permits, from Development Code Ordinance No. 1026, applies to the Conditional Use Permit. It is included for your refetence- Please call if you have any questions ot if we can assist you furthet' Thank you. Sincerely, /1 ' An I.Lt't't &' I lLt,(!'vtt * Elaine McFerrin Planning & Zonng Coordinator City of Rexburg Planning ez Zoning Gry oJRt-xbmg 35 North lr EasI. Rexbary, ID 8)410 Phone: 208 J 59. 3020 Fax 208. 3 5 9. 3 022 35 Norlh lst Eosl Rexburg, lD 83440 Findings of Foct www.rexburg,org Conditional Use Permit # 1,4 00138 The Grove at Riverside Apartments 325 North 1" East 1' On April 7,201'4, Bob Smith of Hutchison Smith Atchitects presented by email to the City of Rexbwg Planning & Zonng Cootdinator a request and application for a Conditional Use Permit to allow 100 o/o residential and zero percent commercial in a Mixed Use 2 zone. The property is located at 325 North 1't East. 2. On Apdl 7 ,201'4, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on LpnI12 and April 26,2014. A notice was posied or th. property and sent to all property owners within 300 feet of the above mentioned property. 3. On May 7,2074, Bob Smith presented to the Planning &ZonngCommission for the City of Rexburg, the tequest for a Conditional Use Permit to allow t}O rlo residential and zero percent commercial in a Mixed Use 2 zone. Steve Oakey motioned.to recolnmend approval to City Council of this Conditional Use permit request for The Gtove Apartments at Riverside. Bruce Suthedand seconded the modon. Discussion. Steve Oakey clarified that he maintains his motion to recommend approval of the conditional use permit as requested, with no conditions. Bruce Suthedand agreed that his second was for no conditions. There was a call for the vote. Those In Favor Dan Hanna Steve Oakey Gil Shidey Bruce Suthedand Those Opposed: Cory Sorensen Thaine Robinson Jedd Waker Melanie Davenport Motion did not caffy. A second motion was then made: Dan Hanna motioned to recofnmend approval to City Council of this CUP request for zero percent commercial and 100 percent residential, with one condition: there shail be a 6-foot fence on the south botder of Phase 1 of this development, going east to west and atound Chuck Porter,s storage building. Melanie Davenpot seconded the motion. Discussion. A call for the vote on the second motion as it was stated by Mr. Hanna was made. Those In Favot: Those Opposed: DanHanna Steve Oakey Thaine Robinson Bruce Suthedand Melanie Davenport Cory Sorensen Jedd Walker Gil Shirley Motion did not carrv. A third motion was then made: Steve Oakey motioned to recommend to City Council approval of this CUP with one condition: allow neighbors to decide on the fencing amofrgst themselves. Motion died fot lack of second. Cory Sorensen said a CUP allows someofle to come in and ask for something .The Commission places conditions on that request based on what they feel is corect. How many times have we conditioned a project because this body feels it is impotant, evefl though that issue may be in the code? The safety is important on both sides. The issue is simple - a safety fence is important for children and othet new residents, and for neighboring property owners. Let them decide how it is built. It is impotant; a fence needs to be stated as a condition by this body. We have jumped into too many quick, hasty motions. A fourth motion was made: Steve Oakey motioned to recommend approval to the City Council for a Conditional Use Permit for the property located at325 North L" East (Ihe Grove at Riverside Apartrnents) to allow 100 pelcent residential arrd zero percent commercial in a Mixed Use 2 zorte, and to include one (1) condition: 1) A fence shall be built on the south side (of Phase 1) of the subject property, to be negotiated between the developer and neighboring property owners. Gil Shirley seconded the motion. Those in Favot Steve Oakey Bruce Sutherland Cory Sotensen Gil Shirley Thaine Robinson Jedd Walker Melanie Davenpott Motion caffied. Those Opposed: Dan Hanna The Standard CUP requirements stated in the Development Code No.1026 - ("Standatds Applicable to Conditional Use Permits" Section 6.1,28) - which include addtessing nuisances, safety hazards, etc. - apply to this Conditional Use Permit. The standards apply for all conditional use permits. l. Con$hute i touain ?';,:T;:;'!;:fr':j!,:::9::s:,-::l:b/:f::'1rr' c'fr C,,pii*"i ii, ",0 tbe resu/ations orthi, ordinance.t t',t;#g;l';:::;;:; * n-*ouu"i be blrnonious wittt,i,,*,,0*,r",,ili,iit:t:,t;';;:/,:;:,i'f!#f;* *r, Those voting nay None 4' Not cteate a nainnce o.' t:rta baryrd for neigbboring lmpexier in tenzs oJ exnssiue noise or aibration, inpnpn[t direxed glareor heat' electical interferenn, oiort,- dust i o;, loiutiutr, ,ba ;r*-tg;rooon and srorage, haTmclout nateria/t or lrarte,- ^ or:ttirt trafic generation, or inteference with pedutian trafic.5' Be adeqzatefi rcned blt essentatpittcpanler and sniceslucb a.t acce$ $ruts, poli1e andfre protection, drainage $MCturN,refuse disposal' water and "'i' ,,.irr, and vhoo/s. A *itrirgi;;;*")o uot odrqron, the deaeloper shall sbow that such- ^ lacilitier sltall be upgmded suficientlt t0 retve the proposed use.u n':*W:r';ffir':;;:;,{rtbe iapaci4t olpitttr rtort, o,r accer poinh seruing tlte pmposed we and wi// asrnre adequate '' ut #;:i';' bufered to 'rtteen adjoining properlies fron aduerce impacts of noise, buiLting $qe and resahing thadow, trafic, and t " ;:,:!::;::;::::;;l:';{rf;::; and tbe capaciry of the soils and wi// not be in an area of natural haqardt unlets tuitablt 9' Not resuh in tbe dt$ruction, itt-,, iorog, of a bistoicfeatare of tignficance to the communie of Rexburg. 4' On May 21,2014 at.a ciqr Council meeting for conditional use permit at 325N 1st E toallow 700o/o residentiar and.Toh commercial in a rnixed use 2 zone. Bob smith with Hutchinson Smith Architects out of Boise, Representing communityDevelopment Inc., requested a conditionur y1" uppro*ito ruild a 4g unit apartmentbuilding for low income families. They would lik.'to have it be residential only. Thispaticular piece of property is not viable for any.o*-.r.iul use. council Member wolfesaid that he has been contacted by the conftac ior aheadyto do work on the project andasked if anyone would like him to step down. City Attorney Zolltnger recorffnended that he step down. Council Member Wolfe stepped down from the Dias. From City_of Rexburg Development Code Ordinance No. Discussion with Mr' Smith about the exact lyyatiop t.o,ad'ay,etc. Shop buildings to thesouth would not be totn down. council President smith -rr'.or..-ed about the l*ohcommercial in Mixed Use Zones not being utilized. community Development DirectorChristensen addressed that issue. Council President smith motioned to approve the conditional Use petmit at 1,25N 1st E toallow 100% tesidential and 0o/o.omm"r'.i"1in a Mixed use Two (lvIU2) zone.councilMember Merdll seconded the motion; Mayor woodland asked for a vote: Those voting aye Council pt".id.i, SFth Council Mernber Mann Council Mernbet Benfield Council Member Busby Council Member Merill The motion catded. I Communily Developmenl Deporfmenl SIAFF REPORT 35 Norlh I't Eost Rexburg, lD 83440 SUBJECT: APPLICANT: PROPERTY OWNER: PURPOSE: PROPERTY LOCATION: APPLICABLE CRITERTA: AUTI{ORITY PROPERTY ID RpRRXB1oo42BI2,RpRRXB10042961 COMPRETTENSIVEpLAN: Neighborhoodcommercial/IVlixedUse ZONING DISTRICT: Mixed Use 2 valc@rexburg.org www.rexburg.org Phone: 208.359.3020 Fox: 208.359.3022 R-EXI3TJR {ni e ri *ti Ftt t t t i lt i)o nin :t t t i I I, Conditional Use Permit (CUp) application, file #14 0013gThe Grove at Riverside Apartments Hutchison Smith Architects 270 North 2'lth Street Boise,ID Menill Rudd Requesting a conditional use permit to allow |}}%residential and zeropercent commercial in an Mixed Use 2 (MU2) zone. 325 North l't East Rexburg,ID 83440 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 afterreview and recommendation by the commission and approval ry tne ittyCouncil... " I. BACKGROUND The request is for the ability to construct an apartment project without a commercial component asrequired in the Mixed Use 2 (MU2) zone. A Conditional iJse Permit may be granted to reduce theminimum l0olo requirement for commercial use to as low as TYo. The applic# does not feel thatcommercial in this area will be viable. II. SITE DESCRIPTION The project is located at325 North I't East. Case No.14 00138 5- Page I 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: a. Constitute a conditional use as established in Table l, Zoning Districts, Toble 2, Land (Ise Sehedule. A CUP is required for reduction of a minimum requirement of l0% Mixed Use in the MU2 zone. b. Be in accordance with a speciJic or general objective of the City's Comprehensive Plan and the regulations of the City of Rexburg Development Code. Comprehensive Plan The Comprehensive PIan Map identifies the area as'Neighborhood/Commercial Mixed lUse". The use is in accordance with the Comprehensive Plan. Development Code (Ordinance 1026) This use is allowed with a Conditional Use Permit as per the City of Rexburg Development Code Section 3.14.030. c. Be designed and constructed in a monner to be harmonious with the existing character of the neighborhood and the zone in which the property is located The neighborhood is currently the back side of the 2nd East commercial area and is spotted with light industrial uses. To the west is city owned property that may develop into a park. d. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hax,ardous materials or waste, excessive traftic generation, or interference wilh pedestrian traftic. Staff is not concerned with change of use. e. Be adequately semed by essential publicfocilities and services such as occess streets, police andJire protection, drainage slructures, refuse disposal, water and sewer service, and schals. If existing facilities are not adequate, the developer shall show that such facitities shall be upgraded sufjiciently to serve the proposed use. The City Engineer did not have concerns. f- Not generate trafJic in excess of the capacity of public strcets or access points serving the proposed use and will assure adequate visibility at trffic access points. The City Engineer did not have concerns. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shodow, trafJic, and parking. Parking areas must be buffered from other residential areas. Case No.14 00138 Page2 h.Be compatible with the slope of the site and the capacity of the soils snd will not be in an area of nataral hazards unless suitubly designed to protect lives and propefi- There has been substantial fill and other non native materials deposited on the site. The applicant will be required to provide a geotechnical report prior to the issuance of a building permit. Not rcsult in the destruction,loss or damage of a historicfeature of signilicance to the community of Rexburg. N/A STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if there is need for a commercial component. As the city grows, and especially as this area increases in residential density, is there or will there be a need for the mixed use model versus stand alone residential? If the Commission finds that commercial is not needed at this time or in the foreseeable future, staff recommends that the proposed Conditional Use Permit be approved- IV. Case No.14 00138 Page 3 Community Developmenl Deportmenf Plonning & Zoning City of Rexburg Phone: 208.359.3020 www.rexburg.org Fox:208.359.3022 CJTY OF REXBIIRG CS, :,___ .- Americai Fani ly Co m fi ut t i ty Fire Deoartrnent Staff Review Comments Conditional Use Permit Application Requesting a Conditional Use Permit to allow 100oh residential and zero petcent commetcial in a Mixed Use 2 zofre Property Locadon: 325 North L" East The CUP application request was teviewed. There were no Fire Departrnent concems. IPRXBCA0|92tl8 RPRRXBIOff02OO TRoPogg> LoT grNE Ei,y LoT t-INg ADJ RPRro(fl0150200 RPRRXEl00{e96r TR*c-rZ RPRR/{8tgt52N54 RPRRXB.IOI526SO ffPRRXBt00333S0 i1 \ RPR,\BEAO,IS375 RPFR}G10163360 RPRru(ff0t6134r RPR&\810101351 o ; Fi fi. l Fo, I ? : j it RPRRXB1Ol'2976ri T06NR4ffi--*-*! ilRpRRXB10t50010 i.*-JtlRPRRXBlfi5{et0 llr-*tRPRru€TOJ'OI3O RpfiRXBt0lt3050 RPRru(ffOO4AOAD TRAeT' I RPRRX8i0042S2 FFRRXB101630I0 i RpRrutgtotRPRRXB10t53090 ''.1 ts h&fr l'1 $ , d i -l 1it'' l3g 35 Norfh I't Eost Rexburg, lD 83440 Cerlificote of Mqiling City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022www.rexburg.org File #: (ttoer \ 3I File Name: C$y - e,+,t_(:r-"."<, a_t (Lt.l,t u-/,s' fup w,\'wt ;ko I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this ('oft a^y otW-zdl+mailed to the following parties: [See attached Mailing List) By:TPou* 1l.r,F"orl*".,-, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN , that a Public Headng will be held before the Plannin g & Zonng Commission of the City of Rexburg Idaho, Thursday, May 1 , 2014 at 7:30 P.M., at CittJ AaI locateJ at 35 North lstEast, Rexburg, Idaho, regarding a Conditional Use Permit #14 00138 requesting a Conditional Use Permit to allow 100 oh residential and zero percent commercial in a Mixed Use Two (I4U2) Zone. The said parcel is located ^t 325 North 1't East, in Rexburg, Madison County, Idaho, and more particularly described as follows: CUP - The Grove at Riverside Apartments LeEal Descriotion: A parcel of Land Situated in the state of Idaho, County of Madison, and is described as follows: Beginning at a point 76 feetNorth of the Southeast corner of Lot 1, Block 15 of the Original Rexburg Town site, Madison County, Idaho, as shown on the recorded plat thereo f, andrunning thence \West 135.1 feet; thence South 76 feet; thence \X/est 62.9 feet; thence North 71 feet;thence West 132 feet; thence Noth 15.6 feet; thence F,ast172.4 feet; thence North 700.2 feet;thence rilrest 112'4 feet; thence North 539.2 feet to the Northwest comet of Lot 1 , Block 4 of the Original Rexburg Town site; thence East 330 feet to the Northeast comer of said Lot 1 Block 4: thence South 450 feet to the point of beginning. Less: Part of Lot 1, Block 4, of the Original Rexburg Town site, Madison County, Idaho, described as: Beginning at a point that is 685.18 feet North of the Southeast comer of Lot 1, Block 15 of the Original Rexburg Town site, Madison County, Idaho, and running thence West 278.3 4 feet;thence S 79"30'18"W 52.54 feet: thence North 50.45 feet; thence East 330 feet to the Northeast corner of Lot 1 Block 4, of the Origmal Rexburg Town site; thence South 40.88 feet to the point of begrnning. At such hearing the Plannin g & Zorung Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept wrjtten comments ^t City Hall pdor to 4:00 p.m. on April 30th, 2014. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code. and all amendments thereof. day of April,20'1.4 CITY OF RE,XBURG IGy, City Clerk and Apdl 26,2014 E{ J{ft E$ r/ w- ?.c) CITY@R t2NC REXBUKG,ID O ECKERSELL WM B I25 E 2ND N REXBURG.ID 83440 tIt C K C RBXBuRdLLc\/2270 WORTHING LN\1LOS ANGEIT\ CA90077 / -\.. r/CITY d{AEXBURG 35 N IST\E nnxdund. rD 83440 Research Nceded For: I9ROAD BLACCKS GROUP LLC 108 w lsT s REXBURG,ID 83440 CITY OF BURG 12 N CEN ST REXBU ,ID\ FERGUSON AND CO P O BOX 519 REXBURG,ID 83440 ., "/HARRIS"ROPER L leE2Niq REXBWG,ID 83440 HILL CHARLES A 264 S 5000 W REXBURG,ID 83440 JENKINS FAMILY TRUST I I IO W MERLETTE ST roNE. cA 95640 KOHLER MARDEN 856 S SAGE DR STE 2 CEDAR CITY , UT 84720 ISON SCHOOL DIST #32I AZIZPROPERTIES LLC P O BOX 393 REXBURG,ID 83440 CKCREXBURGLLC 2270 WORTHING LN LOS ANGELES. CA 90077 DERzuCK SHAWN CHRISTOPHE 39 E 2NDN REXBURG,ID 83440 FIKSTAD DENNIS M 55E2NDN REXBURG,ID 83440 HARRIS ROGERL 19E2N REXBURG,ID 83440 HILL JEFFREY W 2IO N IST E REXBURG,ID 83440 JOHNSON CHERYL MCALLISTER 47 E2N REXBURG,ID 83440 LAMOREAUX JEREMY W 225 N IST E REXBURG.ID 83440 \FIKSTAD EPI.INrS MOYLAN ssE2NDNx REXBURG .,ID.BS44O:,,{ HART STEVEN 285 MILLHOLLOWROAD REXBURG " ID 83440 HOWARD CODY KIP 642 HARVEST DR REXBURG ,ID 83440 JONES RICHARD AND PHYLLIS LIVING TRUST 75E2NDN REXBURG,ID 83440 MADISO SCH@L DIST #32I POBOXS /,/\,/ BLACCKS ChQrlp lr.C 108wlsrs/'\ REXBURG,ID 83440- REXBURG., ID 83440 MADTSON SCWbOrhtSr #32 I PoBOx830 \/REXBURG, TD)K4O ,/\ l-/ MADISON SCHOOL DISTRICT P O BOX 830 REXBURG,ID 83440 PORTERARTHURL P O BOX 401 REXBURG,ID 83440 RUDD MERRILL & JLENE TRUST 209 APACHE AVE REXBURG,ID 83440 SHARP BRANDON DAN III E2NDN REXBURG.ID 83440 TSD INVESTMENTS LLC 7759 S BRIGHTON COVE CIR SALT LAKE CITY, UT 84I2I M-CO INC 247 N IST E REXBURG,ID 83440 PORTER W CHARLES 19 COLLEGE AVE REXBURG.ID 83440 SHARP RICHARD I E2NDN REXBURG,ID 83440 WISERMARGARET P O BOX 147 SUGAR CITY . ID 83448 RUDD r{e/.rll & JLENE TRUST 209 APARfTE AVEnrxnyK\o r:++o nuon\aeryMLL & JLENE rRUSr 209 APACI{E AVE nnxnr4tqrD 83440 \ NELSON ruSTIN C 4042 E 480 N RIGBY,LD83442 RAY'S INC 279 N 2ND E REXBURG.ID 83440 SPENCER THERON L 65E2N REXBURG,ID 83440 WOOD SETH FARMS INC 280 SHOSHONE AVE REXBURG,ID 83440 RUDD MERRILL & JLENE TRUST 209 APACHE AVE REXBURG.ID 83440 NELSON JUSTIN C 4042 E 480 N RIGBY,ID83442 HOWARD CODY KIP 642 HARVESTDR REXBURG.ID 83440 MADISON SCHOOL DISTRICT P O BOX 830 REXBURG.ID 83440 ECKERSELL WM B I25 E 2ND N REXBURG.ID 83440 TSD INVESTMENTS LLC 7759 S BRIGHTON COVE CIR SALT LAKE CITY. UT 84121 HART STEVEN 285 MILLHOLLOWROAD REXBURG.ID 83440 PORTERARTHURL P O BOX 401 REXBURG,ID83440 JONES RICHARD AND PHYLLIS LIVING TRUST 75E2NDN REXBURG,ID 83440 SHARP BRANDON DAN III E2NDN REXBURG,ID 83440 WOOD SETH FARMS INC 280 SHOSHONE AVE REXBURG,ID 83440 BLACCKS GROUP LLC 108 w lsT s REXBURG.ID 83440 JENKINS FAMILY TRUST I I IO W MERLETTE ST IONE. CA9564O M-CO INC 247 N IST E REXBURG.ID 83440 FERGUSON AND CO P O BOX 519 REXBURG.ID 83440 WISER MARGARET P O BOX 147 SUGAR CITY.ID 83448 HILL CHARLES A 264 S 5000 w REXBURG,LD83440 PORTER W CHARLES 19 COLLEGE AVE REXBURG,ID83440 KOHLER MARDEN 856 S SAGE DR STE 2 CEDAR CITY , UT 84720 SHARP RICHARD I E2NDN REXBURG,ID 83440 AZIZPROPERTIES LLC P O BOX 393 REXBURG,ID 83440 CKCREXBURGLLC 2270 WORTHING LN LOS ANGELES. CA 90077 JOHNSON CHERYL MCALLISTER 47 E2N REXBURG.ID 83440 DERRICK SHAWN CHRISTOPHE 39E2NDN REXBURG.ID 83440 FIKSTAD DENNIS M 55E2NDN REXBURG,ID 83440 HARRIS ROGERL 19E2N REXBURG,ID 83440 HILL JEFFREY W 2IO N IST E REXBURG.ID 83440 RAY'S INC 279 N 2ND E REXBURG.ID 83440 LAMOREAUX JEREMY W 225 N IST E REXBURG.ID 83440 SPENCERTHERON L 65E2N REXBURG.ID 83440 oo Owne rName PrimarycontactHouseNumberPIN L RPRXBCAOl9ROAD RPRRXB10160020AZIZ PROPERTIES LLC Y c RPRRXB1OO33380BLACCKS GROUP LLC Y 108 RPRXBCAO193375BLACCKS GROUP LLC Y 108 RPRXBCAOl92\L5 CKCREXBURGLLC Y 2270 RPRXBCAOl92L3O .KCRFXBURGLLC Y 2270 Y L2 RPRRXB1OO4O2OOCITY OF REXBURG RPRRXBlOO4ROADr.ITY OF RFXBURG Y 35 Y L2 RPRRXB1O1.5O2OOCITY OF REXBURG RPRXBCAO192L28 CITY OF REXBURG Y L2 RPRRXB10153430DERRICK SHAWN CHRISTOPHE Y 39 RPRRXB10163040 ECKERSELL WM B Y L25 RPRRXB10033374FFRGIISON AND CO Y 0 Y 55 RPRRXB10152953FIKSTAD DENNIS M Y 55RPRRXB1015294TFIKSTAD DENNIS MOYLAN Y L9 RPRRXB10153O5OI{ARRIS ROGER L v 19RPRRXB1015447OI{ARRIS ROGER L Y 285PRRX810150250HART STEVEN rPRRXB10L53470HILL CHARLES A Y 2b4 rPRRXB10165260 HILL JEFFREY W v 2LC RPRRXB10152660 .{OWARD CODY KIP Y 64 Y I rrrcRPRRXB10164030FNKINS FAMILY TRUST ,(47 RPRRXB10153450 IOI{NSON CHERYL MCALLISTER Y 75 RPRRXB10155O5OroNEs RICHARD AND PHY4!! IlYlNG .l-RUsI RPRRXB10153O9OKOHLER MARDEN Y 856 RPRRXB101529OOLAMOREAUX JEREMY W Y 225 RPRRXBL016L341 MADISON SCHOOL DIST #321 Y c RPRRXB10161.351MADISON SCHOOL DIST #321.Y 0 RPRRXB10163360 rvnOrSOr.r SCnOOL DIST #321 0 RPRRXB10163O7OMAE,lSOl,t SCHOOL DISTRICT lY c RPRRXB10152654 M-CO INC 247 RPRRXB101.53O31frf ffsOf,l.ltlsftfl C 4042 RPRRXB1015O730PORTER ARTHUR L IY c RPRRXB10152976 p[fiffi vv sHARLE5 t9 RPRRXB1016014ORAY'S INC Y 279 RPRRXB1OO42892 NUOO I'ITTNNILL & JLENE TRUST 209 RPRRXB1OO4296L nr rrrrr nrrnnlll & JLENE TRUST lY 209 Nr IrIN TUTNNILL & JLENE TRUST IY 209 RPRRXB1.O152954 511AqP BRAXDON DAN LTLRPRRXB10164510 RPRRXB10153120SHARP RICHARD Y 1 oo PRRX810155085 INVESTMENTS LLC RPRRXB1O164540 RPRRXBlOl5OOlO WOOD SETH FARMS INC oo Predir StreetName StreetSuffix PostDirSecUnitUnitNumberCity State PO BOX 393REXBURG ID W 1ST s REXBURG ID W 1ST 5 REXBURG ID WORTHING LN LOS ANGELES CA WORTHING LN LOS ANGELES CA N CENTER ST REXBURG ID N 1ST E REXBURG ID N CENTER ST REXBURG ID N CENTER ST REXBURG ID E 2ND N REXBURG ID E 2ND N REXBURG ID P O BOX 519 REXBURG ID E 2ND N REXBURG ID E 2ND N REXBURG ID E 2 N REXBURG ID E 2 N REXBURG ID MILLHOLLOW ROAD REXBURG ID S s000 W REXBURG ID N 1ST E REXBURG ID HARVEST DR REXBURG ID W MERLETTE ST IONE CA E 2 N REXBURG ID E 2ND N REXBURG ID s SAGE DR STE 2 CEDAR CITY UT N 1ST E REXBURG ID PO BOX 830REXBURG ID PO BOX 83CREXBURG ID PO BOX 83CREXBURG ID PO BOX 83CREXBURG ID N 1ST E REXBURG ID E 480 N RIGBY ID P O BOX 401 REXBURG ID COLLEGE AVE REXBURG ID N 2ND E REXBURG ID APACHE AVE REXBURG ID APACHE AVE REXBURG ID APACHE AVE REXBURG ID E 2ND N REXBURG ID E 2ND N REXBURG ID Io E 2 N REXBURG ID S BRIGHTON COVE ctR SALT LAKE CITY UT P O BOX 147 SUGAR CITY ID SHOSHONE AVE REXBURG ID tI zip 8344C 8344C 8344C 90077 90077 c 8344C c c 8344C 83444 83440 83440 83440 83440 83440 83440 83440 83440 83440 95640 83440 83440 84720 8344C 8344C 8344C 8344C 8344C 8344C 83442 8344C 83440 83440 83440 83440 83440 83440 83440 oo NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIYEN, that a Public Hearing will be held before the Plannin g & Zonng Commission of the City of Rexburg, Idaho, Thursday, May 1, 2074 at 7:30 P.M., atCity Hall located at 35 North l't East, Rexburg, Idaho, regarding a Conditional Use Petmit #1,4 001,38 requesting a Conditionai Use Permit to allow 700 o/o residential and zero percent commercial in a Mixed Use Two (44U2) Zone. The said parcel is located at325 North 1't East, in Rexburg, Madison County, Idaho, and more particularly described as follows: CUP - The Grove at fuverside Apattments Lesal Descriotion:- A parcel of Land Situated in the state of Idaho, County of Madison, and is described as follows: Beginning at a point 76 feet North of the Southeast corner of Lot 1, Block 15 of the Original Rexburg Town site, Madison County, Idaho, as shown on the recorded plat thereof, and running thence West 135.1 feet; thence South 1.6 feet; thence West 62.9 feet; thence North 77 feet; thence West 132 feet; thence North 75.6 feet; thence East 11,2.4 feet; thence North 700.2 feet; thence West 712.4 feet; thence Noth 539.2 feet to the Notthwest corner of Lot 1 , Block 4 of the Odgmal Rexburg Town site; thence East 330 feet to the Notheast colaler of said Lot 1 Block 4; thence South 450 feet to the point of begt""i"g. Less: Patt of Lot 1, Block 4, of the Original Rexbug Town site, Madison County, Idaho, described as: Beginning at a point that is 685.1 8 feet North of the Southeast corner of Lot 1 , Block 15 of the Origtnal Rexburg Town site, Madison County, Idaho, and running thence West 278.34 feet; thence S 79o30'18"W 52.54 feet: thence North 50.45 feet; thence East 330 feet to the Northeast corner of Lot 1 Block 4, of the Original Rexburg Town site; thence South 40.88 feet to the point of begnning. At such hearing the Planning & Zonng Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on Aprl,30th,201,4. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -651.1 Idaho Code, and all amendments thereof. day of Aptil,201,4. CITY OF REXBURG Blair D. I&y, City Clerk and April 26,20L4 '.. I .l Q*1,', f f/(:,(,", rC{- t ' 'j' ,,.. :rl ,,i _ a'ipe"rk s -! r-r-Legal Description:le{ oo lzY A parcel of Land Situated in the state of Idaho, county of Madison, and is described as follows: Beginning at a point 76 feetNorth of the Southeast corner of Lot l, Block l5 of the originalRexburg Town site, Madison county, Idaho, as shown on the recorded plat thereof, and runningthence west 135'l feet; thence South 16 feet; thence west 62.9 feet; thence North l l feet; thencewest 132 feet; thence North 15.6 feet; thence East I 12.4 feet;thence North 100.2 feet; thencewest 112'4 feet; thence North 539.2 feet to the Northwest corner of Lot I , Block 4 of theoriginal Rexburg Town site; thence East 330 feet to the Northeast comer of said Lot I Block 4;thence South 450 feet to the point of beginning. Less: Part of Lot l, Block 4, of the original Rexburg Town site, Madison county, Idaho,described as: Beginning at a point that is 685.18 feet North of the Southeast corner of Lot l,Block l5 of the original Rexburg Town site, Madison county,Idaho, and running thence west278'34 feet; thence s 79'30'l8"w 52.54 feet: thence North 50.4s feet; thence East 330 feet tothe Northeast corner of Lot 1 Block 4, of theoriginal Rexbwg Town site; thence South 40.ggfeet to the point of beginning. 0t0000'loltvludu $o @ ;NxtrEo-t oO '?orsrolsxuudu o@oI@ o oxtuo-e. @o too oxtEo-u toNh o oxttGt \ oil o o ootlx ,;E\Jo-u e ,\l R r! oo o oxtt,o-t ooilotoo oxtto-u. Elaine McFerrin From: Sent: To: Subject: Attachments: Elaine, Hi attached is the new legal as per Craig. Cheers Soaala Mooto City of Rexburg/Madison County GIS Tel. 208-359-3020 ext' 2307 bonnie.moore@rexburg.org Bonnie Moore Tuesday, April 08, 2014 1L:02 AM Elaine McFerrin Legal Description Legal Descri ption.docx IPRXBCAotS2{28 RPRRXB100{0200 TRopooe> g.rNE gy LINg ADT RPRru(flfi$m00 LOT Lol- RFflroGIO152N'4 ffiRRXBr0t530t0 PRRXB101530s0 \t The Grove at Riverside Apartments,325 N. rrt East, Rexburgr rdaho Record Description A Parcel of Land Situated in the State of Idaho, County of Madison, and is described as follows: Tracts I and 2: Beginning at a point 76 feet North of the Southeast comer of Lot l, Block l5 of the original Rexburg Town site, Madisoncounty, Idaho, as shown on the recorded plat thereo{ and runningih.n.. w.rt 135.1 feet; thence South 16 feet; thence west62'9 feet; thence North I I feet; thence west 132 feet;thence Norih 15.6 feel thence East 112.4 feet;thence North 100.2 feet;thence West ll2'4 feel, thence North 539-2 feetto the Northwest Comer of Lot l, Block 4 of the original Rexburg Town site;thence East 330 feet to the Northeast comer of said Lot l, Block 4; thence South 3 l8 feet, thence west g5 feet; thence South 200feet; thence East 85 feet; thence South 132 feet to the point ofbeginning. Less:Beginningatapoint408feetNorthoftheSoutheastcornerofLotl'Blockl5orrr,---X*TI*iT:,:ffilT*Wffier;hrerrce-irffi ft .errthsnffi 4 feet to the point ofbeginning. Also less: Part of Lot l, Block 4, of the original Rexburg Town site, Madison county, Idaho, described as: .Beginning at a pointthat is 685' 18 feet North of the southeast comer "f L:L 11 919.I l5 of the original Rexburg Town site, Madison county, Idaho,and running thence west 278.34 feet; thence S. 79"30'18" w. 52.54feet; thenZe North 50.45 feet; thence East 330 feet to theNortheast comer of Lot 1, Block 4, of the original Rexburg Town site; thence South 40.gg feet to the point of beginning- Xpress Bill Pay - Transaction Details Transaction Detaits XBp Confirmation Number: Z13li$ illrracliot ggllil f"g"rPurent to citv or Rexburs. a Date:0410712014 - 12:09:43 pM https ://www. xpressbi I lpay. com/uti ls/printerFri endly. phpo Print - Close ---**-**--*''.'''.'.''..-..*.....'*,j t: : : Tra nsaction Num ber: 257 47 6g5pT Visa XXXX-XXXX-XXXX-21 70 Status:Successful Account # 1 4-001 38 Item PZ Processing Fee Quantity :ltem Amount 1 , $45O.OO Extended Amount Seso.ao TOTAL: S4SA.A0 Transaction taken by: amanoa Billing lnformation Fred Cornforth , 83607 l2:10 PM ffiurtp,r.lffi*"{r City of Rexburg Receipt#:1672 Date:4/7/2014 CREDIT- Credit C !-ll-9Yl4tP-conait@ PPU g- Conaitional Us; pubt iA6;T; Total Amount Due: Total payment: Code: REXBURG_R ecptt672 _7 _4 ]0 l4_elainemReceived By: elainem