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HomeMy WebLinkAboutALL DOCS - 13-00533 - Lisa Ellis - Rezonewww.rexburg.org Rezone APPlicqtion City of Rexbutg Phone: 208.359.3020 Fox: 208.359.3022 Note:Apre-applicationconferencewithstaffmayberequiredpriottothe please complete this application, ptovide all suppotting documents' and submit it Depattment. Eighteen (18) copies of the application and of all'Ypq:tTs *:::iXl,1f*i;IalgIrL€trI \ru/ rvPreo All applications that ,r" .o-ii"te will b" fro."rr"a *ittt 6rr"" a;t;gence and will be scheduled' dependent upon a.r"it"bitity, for anupcoming agenda' Curent Zone Requested Zone: Application Informadon / i-- t i'- Phone:Applicant L-tsr+ t=t tr< FOwner n Putcha-ser il Lessee ,t^-!:,f' Applicant's Address: loQy t 1e < city/sT/zip: ii:J*dJ or*."r' \Te . s .ulo a ' Phone: - Recorded Owner's Address:City/ST /Zip: Contact Petson (If diffetent from above): Phone: E-Mail I Address of Subiect ProPertY: propetty Description (You must att^chthe Lot, Block & Subdivision name or recorded deed with a metes and bounds descriPtion): patcelNumber: RP0..rScr O>;rrq I Qtart"t, Sn,ltt^Wc+l- Section: >-f Township: Mapping Department rnust initial here to signi$' parcelverification: Publication Fee: $250.00 Rezone Fees: Less than 7 acre: $500.00 Mote than 7 tcre,less than 5: $850'00 5 to 10 acres: $900.00 Total Fees Due: s 8S-0 '"'o Rezone Fee: $-plus S2sQbljcation Fee {ic' LlLr t-') ttiL /uu -n[+LLctto' L'L tt-l) J: [a tt 'UY'"i'r[,'1*;':!'* ,l't a- u" r4 l r c di,,^ t:,::1 :. ",. l.l."n;,.. li CITY OF REXBURG c\Lr _*- Ame ri ca\ I:amilY (hfi munitY Range: 3 1 E Ovet 10 acres,less than 20: $1500'00 20 acres and over: $2500.00 Date of Public Headng: I Date of Notice: lrt Development Information Square Feet (ot) ) ' Sf A"t"t 1. Size of ProPertY {)t 2. How is the property now used? K.e5,' Ien^'V ta^'-\ 3. How are the ldloining ptoPetieg used? North: Keqr tr a^-Ja,u\ South: East: West: 4. Arethere any existing land uses F th" general area similar to are they located? the proposed use? If yes, what are t:t'** where 5. On what sffeet(s) does the property have frontag"l t^r . -J *! I , f^ 6. What use, building or structffe is intended for the ptopety? M /-] 7.Atewatefandsewetfacilities,streets,fteandpolicepresent1yservingthisarea?Y 8. Are City sewices adequate to serve any futue development proposed? J at public facilities and sewices will be added? // / 4 Is the site latge enough to accornmodate the ptoposed uses, parking, and buffering required? 11. Is the tteacurrently sub-divided or going to be sub-divided? /V O 72. Any additional cornments? Note: When an application has been submitted, it will be teviewed in order to determine compliance with application requirements. It will not be processed if it is not complete. A hearing date will be scheduled only ifi"t ^napplication has been accepted as complete' l. A formal ftafftcstudy will be required for a rctarrsales area mote than 75,000 feet; schools for more than 100 students; aPartmelrt complex with 50 apartments or more' 2. Before annexation, the person or firm applying for annexation will agtee to certain things: curb and gutter' streets, signaling, water and sewer' propefty sizing and location' Signatwe of APPlicant:/Z'r [/:13- Affidovit of Legol Interest City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022www.rexburg.org CITY OF REXBURG c\' - Ame r irals Fatnily Co mmunity State of Idaho Countv of Madison /oq+ r 'tzS Addtess R ",k6. , '- H^[n Citv J State Being first duly sworn upon oath, depose and say: (If Appticant is also Ownet of Recotd, skip to B) A. That I am the recotd owner of the property descdbed on the atttched, and I gtant my permission to: to submit the accompanying application petaining to that property' B. I agree to indemnift, defend and hold Rexbwg City and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subiect of the application. Dated ,h1" I (& day of Do, o- L.-'.20 11- Subscdbed and sworn to before me the day and year fust above wfltten. My commission expfues: 4 Name :.*'K:/*o'^"1t';".'{Srer6'rt 0 / - 0 8'- to/4 WARRANTY DSEP ForVatue Received Donna G. Ellb, an unmanid individrnl and Lisa Gail Ellb, an urunanied indMdual Flsdrpfter cahd tte Grarrtor, hereby grants, balgalns, sdb and mrnrqB mto Llsa Crail Ellb, an unmankd indMdual wfffie addrcss b: 10112 W 7fr South, Rexburg, Haho 8W Flereinafter called tre Grantee, he fonlivirg descrbed prernises sib.abd ln Madson Cc"Jnty, Uafto, truft: A portion of ilte Souffrvrest Quarter of Sedion 25, Tonnship 6 Nortr, Rang€ 39 Ead, Bobe Meri'Cian, Madbon County, ldaho, described asfollone: @inning at a pdnt that is Nortr 89%753" Ea$ a dkhn€ o,r 1 107.00 fed abng tte sedx,Dn line fiom tre Souh$€S oCIner of Sedion 25, ard running ffrence Norh 0'1135'WeS a dshnoe d 151.62 @ tl'rene Noffi 00o22F'Wesl 383.38 fed ftene Noft 89'47[3" W.n7.27 @ herpe Sdrtrl N"Z:W'EaS 535.00 feeL hence Souh 89"4753'West 2j7.74feet to fre poiltt of @innirg. LESS MUNTY ROAD RIGHTOFWAY. SUB.JECT TO.a[ easenrenb, ri;lrt of rlqp, ccnerrrnB, re$idirs, reserualftms, appl# buiHirg ard mnng ordirnanes and use regrrHirrn ard res:tictbns d rccord, a'rd payrnent of muirg present y€ar blas md mrnents as aEeed b byparties abore. TO F{AVE AI{D TO l*,CIlD the saiJ prembes, wih b appurbnances unkr the saiJ Gnanbe ard b fte Gnanbb heirsandassilrsforerer. ArdfiesailGranbrdoeshercbycnrcnantbardwihtlesailC'tanbe,ffitteGnarbr's fre owner in fee slnple cf sad prmises; hat said preltses are fiee frorn a[ emrrbrances ex@ crnrent lears b>es, levies, and msessnrents, ard exce$ U. S. Patsflt reseryaliJrs, resfidiors, easernenB d remrd, and ereerrenb vbbb r4con the prembes, ard hat Grantor rrvrll unnant ard deferd te sarne frorn a[ daine vtrhabmer. hd:February6,2m7 ,"f I -Z .,-,,.t\_x,p?_a r r!_ 4/_rze_, Dmna C. E[b Instrurnent # 331683 REXBURG, NAD|SO}I, IDA}IO 2o074?4A tt Rocordod for : LISA ELUS TART.YII R. RASUSSE}I Ex-omcb Recordor Deputy. STATE OF lDAl-lO) COUNTY OF l\Iadison srATE OF IDAFIO) COUNTYOF Nnadison Onh's fr eyof Fs Ontr's I dayof aprrrr kry- oriJerrtitud b rne (or ne ontheoafft of (stwhcse rwf,s) p' sr"bscrbedtohe!ryihln'rsfurent,and t/acXnoryteOgedb rne exeqJbdtf-F sane. in treyeard2007, before ,* lL(orna"- C'^J ltnq prsonalV , krxrr ,n oriJerrtifud b rne (orprcuedto ne onthe mt )ss, lnteyearcf zw, before rn /4ornoe--.9u^JJo'a .persorraiy r lfio/u't or ijenlifud lo nre (or patH tr ne m te oattqpmred '' qbe tle pe$o'(s) \^,flose name(s} . " ' sr.bscrbed t3 he wihin lrsunnerfr' and a-/'<.- exeo.rtedthesarne. ResiJ[rgat Cornmissimffi,1{,5=;tzt/ of ), n89o47'53"e pp € s89"47'53"w 201.2',1 @ 20't.74 Date: 12-19-2013 Scale: 1 inch: 100 feet Tract 1: 2.546 Acres: I10925 Sq Feet: Closure : s80.5825e 0.00 Feet: Precision =11369832 Perimeter: 1485 Feet 00 1 =/n89.4753e I I 07.00 002:n0.1135w 151.62 003:n00.2209w 383.38 004=n89.4753e 207.27 005:s00.2209e 535.00 006:s89.4753w 207.74 ;r{t}('5 lt: [3 t,. l ;lIti m o-6 FN=t.Ll t ir b'F' t9- -!F--f-.i €4{{ $l6q (rl +.9 4t€ sf,*,ii,'tr #-Hw .Fffi EH {*4 $iEfite i,':C {Eg Ef,lJ6*H dHIt I ILt tci} t5 t$l 91F hre46 r1Jt'frxq!;;Mr E til{:zi-{ '{ +n r)i&(cid* :;::; ',1*[{Ar*:'*:' 5-29.2014 @lr(l:15 l{o of P4rs: 2 Rftqd.d for : CITY OF REXAURO (|IH.II lR F.c: gxofilclo Rccnd.r D.pdy cllt oI REXBURG a*:i'J,i' r.',,,rij: i;.i,,',,irii. ORDINANCE NO.1113 AN ORDINAI\TCE AIUENDING AND CHANGING THE zoNING MAP OF THE CITY OF REXBURG,IDAHO, AhID PROYIDINGTHAT THE ZONED DESIGNATION OFTTIAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REKBURG, MADISON COUNTY, rDAr{O, BE CHAI\GED AS HEREINAFTER DESIGNATED; AD.ID PROVIDING WHEN THIS ORDINAI{CE SHALL BECOME EFFECTIYE. BE IT ORDAINED BY the City of Rexburg, Idahs: SECTION I: That the zoning map of the City of Rexbutg, Idaho, which is 6led with the city derL thereof, bg and thc same is heteby amended and changed to provide that the hereinaftet described ptopetty situated in the City of Rexburg Madison County, State of ldaho, (#13 00533) be rezoned &om Rural Residentid One $Rf) to Low Density Residential Three (.DR3). The said property is located *1042W 7'S, itr Rexburg Madison County, Idaho, and rnote Eerticularly described as follows: A portion of the Southwest Quartet of Section 25, Township 6 Notth, Range 39 East, Boise Metidian" Madison County, Idaho, described as follows: Beginning at a point that is North 89"47'53"East a .listance of 1107,00 feet along the section line ftom the Southwest coner of Section 25, and running thence North 0"11'35"West a distance of.15l-62 feeq thence Notth,QW2'09" West 383,38 feeg thence Notth 89"47'53"East207.27 feet; thence South 00p22'09"East 535.00 feeq tlence South 89%7'53"West 207 .7 4 feet to dre point of beginaing. Less county toad tight of way. SECTION II: That a new zoning map shovdng these amendments shdl be cettified to and declared to be the official zoning rnap of the City of Rexburg by passege of this Ordinance by the City Council of the City of Rexburg. SECTION III: Tbis ordinance shall become effective upon its passage, approval and publication. PASSED BYTHE CITY COUNCIL AND APPROVED BY THE MAYOR on this 21" dzy of. Mry ,2014. !"n,( RPc,R4-ffO S. Wooat-{ Mayor STATBOFTDAHO) )sr. CountyofMadison ) I, BI-AIR D. KAY, City Clerk of the city of Rexburg ldaho, do heteby cettifu Tbat tle above and foregoing is a firll, true and corect copy of the Or.linanc€ Entitled: AI{ ORDINANCE AMENDING AhID C}IANGING THE zoNING MAp OF THE CITYOF REXBURG, TDAHO, AI{D PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTNN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN R-ET(BURG, MADTSON COLJNTY, TDAHO, BE CHAhIGED AS HEREINAFTER DESIGNATED; A}.{D PROVIDING WHEN THIS ORDINANCE SHAIJ. BECOME EFFECTIVE. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this 21', day of May ,2014. Blair D. Kay, City Clerk Findings of Focl City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022 ctTY Or R"AXBURG Arnerka\ FamiIY CrmmunitY 35 North I't Eosl Rexburg, lD 83440 www.rexDurg.org Rezone - Lisa Ellis - #13 00533 1042 West 7'b South 1,. On Decemb er20,2073,Lis Ellis presented to the City of Rexburg Planning &Zonng Coordinator a request and application for a zone change for the property located at 7042 West 7s South, in R.*botg, Madiron County, Idaho to be tezoned from Rural Residential 1 to Medium Density Residential2. 2. On Decemb er 20,2013 the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on Decemt et 28,201,3 andJanuary 1,1,,2013. A notice was posted on the property "nd ,.rt to all property owners within 300 feet of the above mentioned property. 3. OnJanuary 16,2074 at the Planning &ZonngCommission meeting for the City of Rexburg, this Rezone request was Tabled as follows: Chairmanbyer said as the bomprehensive Plan tequest for the subiect property has iust been recommended denial to City Couircil, this rezone request would be opened and immediately tabled preserving it for pubiic hearing until after the Lisa Ellis Comprehensive Plan proposal has goo. bifor. City Co"n.it for a finaldecision (Februaq' 5,201.4 City Council meeting). th. ,o.r. change request was contingent upon a diffetent Comprehensive Plan designation' Chairman Dyer opened the hearing for a Rezone proposed for l042West 7'h South, to change the zoning from Rural Residential 11o Medium Residential 2. He reiterated that in light of the Commission's recommend to deny the Comptehensive Plan Amendment request, this rezone would need to be tabled. Jedd Walker motioned to table the Lisa Ellis Rezone application request. Dan Hanna seconded the motion. None opposed. Motion Caried. Stephen ZolJinger said the interested citizens who are here tonight would be notified of when und if the Rezone fequest would be picked up off the Table fot public hearing' 4. On February 20,2074,at the Planning &zontngmeeting fot the city of Rexburg' Chairman Dyet stated a motion must be made to pick up the Rezone request from the table to be addressed for public headng. He noted that the apphcantis present and ready to addtess the matter, and the iriterested citizens who signed in at the January 76'h P&Z meeting have been notified that this issue would be addressed tonight in public hearing' t Mary Ann Mounts motioned to pick the Rezone request for 7042 \West 7ft South up off the table. Thaine Robinson seconded the motion. Applicant Lisa Ellis presented to the Planning &ZonngCommission fot the City of R"*Urrrg, the Request for a Rezone for the plp.tty located at 7042West 7e South, in Rexbur!, Madison County, Idaho to be rezoned from Rural Residential 1 (X'R1)to Medium Density Residential 2 G\4DR2). Mary Ann Mounts motioned to recommend approval to City Council of a rezone fot 7042 Wesi 7* South nod.fred - to change from Rural Residential 1 to Low Density Residential3 (I-DR3), instead olthe requested Medium Density Residential2 (I\4DR2). Dan Hanna seconded the motion. 5. On March lg'hr2014 in a City Council pubtc hearing to change the zoning the following decision temanded it back to a future public hearing before City Council to hear the Comprehensive Plan Amendment request befote a second public headng could be held on the Rezone request. Council Member Busby moved to tabie for a second public hearing on the Comprehensive Plan per code; Council Member Merill seconded the motion; Mayor Woodland asked for a vote: Those In Favor: Chuck Porter Dan Hanna Mary Ann Mounts Winston Dyer Thaine Robinson Jedd Walker Motion Carried. Those voting aye Council President Smith Council Member Mann Council Member Busby Council Member Merrill Council Member Wolfe Those Opposed: Melanie Davenport Those voting nay None The motion carrted. On Apdl16'h, 2014, in a public hearing: Staff Recommendation: Community Development Christensen reviewed the density discussion for the 2-5 acrc 1ot. LDR3 allows 6,000 square foot lots without a Conditional Use Permit. That would allow ,;;;;TnT.,;:*."-;'ffi ,,:T,J#f,,tl"ll*fii[$::ili"iJ.."""* "i,,".'**'11i,:Jir;T:{:'*1*r:ffi ;i;H:1il$fi';n.'.Hff"'.Tii!ii:J,t::""'fi 53":Jt":'il:?;'[:'.:::ffi #f:l:'"'"';mf : l,iil,"'.",oii'*ff-",Iy==[:*ilm*'*::;iliuo.,idn1arrow ;:ff."rT;*il:"J#::**.:#","*i:';;Tr.*;;;"outtheconditionaruse multi-family *oi*. i, -"tri only allo-1ffi,:"ffi;;tt"-ed. Staff recomrnendatioo p e rmir, 6 0 0 0 sq J ; "'il' :1 J"'^', j$tt"ff ::f jS" Meadow s indicates no sewer line unless attacneo .w: 1g or 27 units would not. public wotks Directot Mtui' :'l:f:*:J:""il:Tf:t#* ""o** wlr be an issue 'ri^l*u""capacity. The issue is.a srngt ;iffiJ":lff "#TiT:t:ffi i:"**tv:::H"#ffi r:'i#;:"'^ 1. Water:;]Iilte water for anv type of deveropment is not a problem' wastewater: rhere is no sewer llT ::l^*^: nllH:li::Ti'1"":: ff -t*:^ 2:';::::',ilJff ;::'Til,1il;::"1.:"**"1x",n,1ffi ::nffi I'l: :n:;: :nX j'ffi I'[' lilH :::l ; "; ;'" o" o'n with the exi sti n g ri n e s to se rve the ProPosed develoPment' 3.Streets:Weareconcernedwithanysignificantincreaseintrafficduetothefactthatthere is onry o,i"-Jutretto serve.*,jli?.'..J ir'l "'istinej.'.fliljl|,J5[iiH-' This 2'5 tt"' tJu]o i"""iop t significant increase in tran' problems' --=aa--1====--====================== --=--==============--=--=--== CouncilMemberWolfeaskedaboutdensity;27uni1Y'lo"themaxirnumanount alowed on the n-n";;;, a""an ""rii'" p"'-it' Commuruty Development Directot Christensen *"r"*"l,ir" i""rr", "0"*OGlll": *",: allows 20 units pef ^cfe' MDR' allows 16 units pet ^cre,but LDR s are oot determined per acre' They determine densitY for LDR's bY lot size' yeafs. Public Wotks Directot Millat's Staff Report: Council Member Menill reviewed LDR3 without a Conditional Use Permit allowing 18 units per acte; with a Conditional Use Permit, LDR3 could allow 27 lJntts per acre. A Conditional Use Permit would require a public hearing. Community Development Chtistensen indicated the herght of a building is measured up to the top of the wall and does not include the roof. A 30 foot height could allow for three stories; usually done on a hill with a walkout basement. He discussed the two story home as the norm for the 30 foot height allowance. LDR3 would be single famrly homes with abiJity to have a duplex. Rebuttal by applicant: Ms. Ellis thanked Ms. I(ng for expressing that the number of homes (11) were thete before the Willows Developmeflt was developed. She has given up on the tequest to change the Comprehensive Plan. She did have empathy for Chandra Scholes whose husband tecently lost his job. She thanked the City Council for their time and asked that they consider her rezone carefully. Mayor Woodland closed the public hearing for deliberations. Deliberations: Council Membet Mann expressed his sympathy to Ms. EIIis. He also expressed his conc€rn saying the Plannin g and Zorrrng decision was made after the City Council changed the Comprehensive Plan without a public headng. He is not sure the Planning and,Zonng Commission would have voted fot an LDR3 if the City Council had not overridden it. H; recommended an LDRT Zone. Council Membet Wolfe said they have all learned from the discussion; Planning and Zonngmade the recommendation for an LDR3 Zoneln a spirit of compromise. He was concerned with going against the PlanningandZontns decision. Council President Smith reviewed how things will look down the road in 20 years. The property across the sffeet to the south is zoned for mixed use which is the highest zoning possible' She said thete are people wanting a stable neighborhood where they can live. She agreed with Council Member Wolfe to accept the Planning and Zonngrecommendation. Council Membet Merrill appreciated the situations of Ms. Ellis and Ms. Scholes; however, he wanted to considet the land use versus situations. He said both Ms. Ellis and the neighbors should have equai consideration. Council Membet Benfield apologized for missing the last meeting. She reviewed her vote to change the Compressive Plan. It is a future look at the arca; however, it does not say she would vote for ^ zone change. She teally looks at neighborhoods and neighborhood associations and knows of their importance. She supports neighborhoods and would consider LDR3 as a comprornise. council Member Merill said the city council will have to consider the Hernandez property in the future' council Member Merdll moved to appfove the rezone of 1'042west 7th South from Rural Residential one (RR1) to Low Densiryi.esidentialThree (LDR3) and first read BILL No' 1113; Council President Smith seconded the motion; Mayor Woodiand asked for a vote: Those voting aye Council President Smith Council Member Benfield Council Member Merdll Council Member Wolfe The motion carried. Those voting nay Council Member Mann REXBURG Atr et lt, t\ I:nn tilr' l)otrt h t u, tiLv 9! CERTIFICATE OF MAILING I HEREBY CERTIFY that atrue and accurate copy of the foregoing Notice was this 7th day of April,Z}l4 mailed to the following parties: (See attached Mailing List) Blair D. Kay, CitY Clerk NOTICE OF PUBLIC HEARING TO AMEND THE COMPREHENSIVE PI-AN MAPAND THE ZONING MAP FOR THE CITY OF REXBURG NOTICE IS HEREBY GIVEN that two Public Hearings will be held the 16s of April'2074: pubtic Hearing #l: at?:15 P.M. atCity Hall,35 Noth 1" East, Rexburg,Idaho, befote the City Council of the -ity of Rexburg, Madison County, Idaho, to consider (#13 0053?) to change the land use designation for Q/' acre{ at1,042West 7s South on the Comprehensive Plan Map ftom Single Family Residential to Low-Modetate Density Residential' public Headng #Z: at7:30 p.M. before the same City Councrlfor (#13 00533) to Rezone QTz acres) at 7042\7est TfrSouth from Rural Residential One GR1) to Medium Residential 2 (1\4DR2). Lisa Ellis Legal Description: A;;rd"" ofth" Southwest Quarter of Section 25, Township 6 Notth, Range 39 East' Boise Meridian, Madison Countf,Idaho, descdbed as follows: Beginning at a point that is North 89"47'53-East a distance of 7707.00 feet along the section line from the Soutfrwest comer of Section 25, and,running thence Noth 0"11'35"!7est a distance of 157.62 feet; thence Noth 00"22'09" S7est 383.38 feet; thence North 89"47'53"8ast207 '27 feet; thence South 00"2T,0q,qast 535.00 feet; thence South 89"47'53"West207.74 feet to the point of begrnning. Less county road right of way. At such hearings the City Council will hear all persons and all objections and recommendations relative to such-propor.i permits. The City Cierk will also accept written comments at City Hall prior to 4:00 p.m. on th" iS,fr "f ApA ,20'14. This notice is given pursuarit to he provisions of 3".tion 67 -650g, 67 -6509 and,67 -6577Idaho Code, and all amendments thereof. DATED this2Tb day of Match,2074. CITY OF REXBURG Publish: March 29,2074 and April 72,2014 D. Kay, City Clerk . r -'.!,g- ; i, *' ; HLLIs LlsA cAlL 1042 w TTH S RHXBURC , Itr *3440 AAOARN DANIEL } 6SI COUNTRYSIDEAVE REXSURC,ID 83440 ANDSRSON KTHNAT fOI COUNTRY$ItrN AVE nEXBiJRO , Ip 83440 SSLL MARVTN D I23I -TAPER:-N SAH JOSH. CA q5I22 BftOWN CHN.IS 850 LONH COYOTE TRL KALISPNLL. MT 5990I CHRI$TENSSN IACOB ??OI \Id ST JOI'IN RD APT 2I I7 GLHNilALN, AT 853S8 DECORIA RSXANNE 635 COUNTRVSIDE AVE REXBURC, tp t3440 FOULK ALLISON 9S35 FRH,UURICKSBURG RP APT SAN ANTONIO ' TX 78240 NREUN DALE M 24?l N ?m w REXSURO, tp 83440 H$INZ FAMILY LLC ?50 HIITSIDH DR RHXBURC,IN E3440 WIL$ON KORY 2S2 N lsTH W pRovG. uT 84S04 ALLEN KELSSY L 607 COUHTH,VSIUE AVII RfiXHURS ,lD 8344{} tAlfi.D JUST|ti 66I T}MBHRHAWK PR REXBURC ,ID ff3440 BHX.SER SHAHE 583 TW:SrtD wlLl-ovf wAY REX3URfi.Itr fl344$ SUCKT#Y MICHAHT }-I 2r566 l?3RD AVE SH, KHNT. WA 9803I CHRISTT,N$HN SHIT.RI 58r COUNTft.YSIDH' AVE RHXSURfi ,I$ 83440 DHNNH.Y I,*YRUfuT B 59I COUNTRYSIDT AVH R.EXSTJRO.ID 83440 FUTIRIMAN T'IATHAN 5?l cooK sT fi.[xBuRfi , tD s344S SKOVilR I}OI,JCLA$ MAX ?I2O HARMONY PARK ilR wHsTMlH$TgR, co 8023-i HMINZ SALLY l0?5 W ?'l'H S RIXBURO . lil 83-140 2OI3 FAMILY TRUST 5415 PARKT'ORD CIR ilItAHITA BAY , CA 95746 AMHS BRSNNHN J 33IS NH\Ig CA$TL8 DR LOVALAND, CO 8S538 BARRUS PAVIDR IO?9 ARCTIC WILLOW DR REXSURC ,l) E3il40 BOWSH ALOMA ?893 W 6960 S REXHURfi , IN 8344S CAMPHELL JENNIFER M 5?3 COUNTRVSINil AVI T.SXBURG,ID 83440 CLATK JAFSERY K 14O6 BRItrLE TRL ALLHN ."TX 7$OO? $ILBHKT CORY 5?7 COUNTRY$IDN AVA R.TXEURG, ID 83440 HAHSSN DOUfiLAS J?5 COUNTRYSIDE AVH REXBURG,ID 83440 HSRNANDEZ GABRIf,L VASQUEZ 1068 W ?TH S RFXBURG ,ID 83440 dno ro l?l . i-=:: ,;*- . ..,,' .. . HILUilORANPTJETFERY I'. 5S4 SUNFLOWER RI} RffiXHURS ' ID 83440 TIYMAS CI*RI$ 66? TIMHHRHAWK DR REXBUil(i . :D 83t140 TENSEN DNRT,K IS?4 ARCTTC WILLOW SR RNXHURfi , tD 83440 I(INC MICHAEL A STUX 64? ELUH WILLO\i/ CIR REXHURfi - IU 83440 LON$AKSR CAMHRI 6*3 TIMfiIIR,HAWK trN. Rf,XSTJRG ,IN 83440 TAIT JORNAN 605 COUNTfi,YSIDE AVH KEX$URil .ID S344CI MH,DEIKOS CARI il 4,5? N 3836 f Rlfi$Y .lD t3/r4? MOLDH,NHATJER }ANIHt ls4s ARCTIC WtLLil\U DR, R[XfiURfi. ID 83440 VAtfiH.IO JAMHS S-{ .6?O LTIMIAUAIj ST APT ?O? WAIPAHU , }II9679? MT}RRAY TACHARY E sgl TwtsThl$ wtLL$W KD *,H,XBURfi,lD $344fi PETSRSON ASHLEY L *3tsE26$H RIGBY,ID S3442 I DAHO TRAT\I SPSRTATION BOARF 33I I WH$T $TATE ST nol$H, Ip s JSSTHR MICHA$L WAYNTi 4$79C$ASTAIN DR MELBOURNE, FL 32940 KNAfP T CURT 4534 POCAHONTAS DR CHUBBUCK,ID E3?O? MACTSSY CURTIS }I I?3t MALBOURNE NR MCT-EAN. VA 22IOI MEYHSERS TJ IO93 ARCTIC WILLOW DR RHXBlJRfi . ID E344ff MOON TOBIhI C zIO SMAFOINT V/AY PITTSBURG , CA 94565 WI.iITPIK, BRENT M $?I COUNTRYSIDN AVE REXBURO , IP 33440 NICHOT$ ROSER 649 COUNTRYSIDE AVE REXBURS . ID 83440 PIERSON rcNALD B 6333 WAUCONDA DR LARKSPUR, CO 80I I8 ?o -=.t"|lffi,"o JSNSEN ANTATTE 5S6 SUNfLOWHR RD REXSURC,ItrE344O JOHNSON MTCHAEL J 5*O SUNFI"OWER RN REXSURO,ID S3440 LARKIN BRUCU DARRELt- 6?08 w $pRINO t*oLLOW tN HIGHLAND, U]'84003 MCNEIT JEANYCK T 614 $UNFLOWHR KD REXBUR*, 13 83440 MHAPOWS HOMEOWNHRS A$$OCIATI*?{ LTD 6$? TRLJO ST # 6 ITEXFiJRC,ID $3440 MOHfr'I }IEA'TH ELU 626 SUNFLOWER RD RHXBURC . ID 83440 MtJELLET, CI"JRTIS L ETUX 661 BLUE W}LLOW CIR kEXSURS,lD 83440 MUHLESTtrIN }ANIEL MARVIN 555 00LDr,N WILLOW Dt' REXnUIG , lD 8344S PANTING ALSX 6?8 SUNSLOWER RN RS.XHURC ,lD 83440 o -# I FOIJI,T$R MARISA cApfi HARSOUR tO{}P UH:T *tl$ bKADEN'TON. f'L 34?I2 PUOI"I WADf, l04s ARc'l.lc \trttl.*w DR RnXBUHO. lil 83440 RE$FERH TfiORN'TON 582 $UHFLOWER RD |HXBURC . lp S344S $f,I{UI-IIKI TAL$AN $?9 COUNI"RYSIilS AVI il.EXBURG.ID S3440 FRICE JOY 647 COUNTRYSIDH AVI REX$LJRC . lt) t344S TURCELL ilANIET- A ??$5 [ ?C*S $ sA:Nr" fi HsRoH . u]' t47f0 $ATT*RTI{WAI1"N $fi AN I} ?5OI HOLLYWOOD AVII NffRMAN - *K 73{)7? s"rA'r$ #f *DA++# 33tl wsTATfiSl- BOISE.IS S PUOfI MARK t t0s8 ASCTIC Wll"l.ow DR REXBURfi , IN E3440 RASMUS$EN RICHARD R 935 HiLLVISW nR REXBURfi, ID 83440 SCHANK LNNSEY T 33 N CROOK R} rALL$N . NV S9405 SUMMEtr$ BRAD r?625 WILSSN ST LSAVHN WORTH - WA *f,*?S ro AMEND rHE coMpilEorl;ifit%trY:HirT""ffii'F"E zoNrNG MAp FOR THE CITY OF REXBURG NOTICE IS HEREBY GIVEN that two Public Hearings will be held the -16s of April, 2014: lublic Hearing #tz at 7:15 P.M. at City Hali, 35 Norh 1" East, Rexburg Idaho, before the CityCoqcil of the City ofRexburg, MadisonCounty,Idaho, to consider (#1i00532)to .hrog. the land 1se dgstgnation for Q Vz actes) at 1,042 lfest 7tr South on the Compr"h"nsive plan Map fr-om SingleFamily Residential to Low-Moderate Density Residential. Public Hearing #2: at7:30 F.M. before the-same City Council fot (#13 00533) to Rezone er/z actes)at7042$7est 7ft South fiom Rural Residential One 6,rit; to MediurnResidentii 2 O4DR2). Lisa Ellis Legal Description: A pottion of the Southwest Quarter of Section 25, Township 6 North, Range 39 East, BoiseMeridian, Madison County, Idaho, described as follows: |"ery-* at a point that is Noth 89"47'53-East a distance of 1107.00 feet along the section linefrom the Southwest corner of Section 25, and.running thence North 0"11,35,,S7est a distance of151.62 feet; thence Noth 0022'09" West 383.38 feeq thence North gg"47,53-East 207 .27 feet;thence South 0022'09-East 535.00 feeq thence South 8g"47'53'Xest207.74feet to the point ofbeginning. Less county toad right of way. At such hearings the City Council will hear all persons and alTobjections and recommendationsrelative to such ptoposed permits. The City Cie* will also accept written comments at City Hallptiot to 4:00 p.m. on_th^e-15th of April,2014. This notice is given pursuant to the ptovisions ofsection 67-6508,67-6509 and 67-6571 Idaho code, and all airendments thereof. DATED this 27s day of March,2}I4. CITY OF REXBURG Publish: March 29,2074 andApril 72,2014 STANDARD JOURNAL Rexburg,ldaho St. Anthony,Idaho Ashton,Idaho AFFIDAVTT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties [, Scott Anderson, being first duly sworn, depose and say, that I am the publisher of the STANDARD JOURNAL, a3 times a week newspaper published 3 times a week in Madison and Fremont Counties,ldaho; and I do solemnlv swear that the Notice of Public Hearing, a copy of whictr 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 March l, 2014 and the last publication having been made on March 15,2014. . Further, that said newspaper is one of general circulation in said county; that it is a legal newspaper, conforming to legal specifications under the ldaho Statutes; that it has at least two hundred bona fide subscribers living within the county of publication; and that it has been continuouslv and uninterruptedly published in said county during a period of STATE OF IDAHO COUNTY OF TETON On this lTth day of March in the year of 2014before me, a Notary Public, personally appeared Scott Anderson, 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. Residing at Driggs, Idaho My commission expires: August 31,2018. o C i,tE\',^u-rnonlt)-;Y-rnw6 ioq"* ' ti,;7*eil's ilDRZ ) ) ) NOTICE OF PUBLIC HEARING TO AMENDTHEZONING I{APFOR THE CIW OF REXBURG NOTICE lS HEREBY GIVEN that a Public Hearing will be held the l9th of March,2014:. Public Hearlnq: at 7;15 P.M. before theFeffiurg-effGundlfor (#13 00s33) aRezone from Rural Residential 1 (RR1) to Medium Residential 2 (MDR2). (The re-zone request was recommended at the Februarv 20th. 2014 Planninq and Zonino Commission meeting tor Iofi Density - Residenttal Thre (LDN). Rcxburg Developtrwrt @da: 3.6.01 0.Purposs and OUcaWs &OAS)The LDRS zone is esl*listled to ptutect stable neighborhoo& ol dedrcd shgle- familv dwellinss on smaller lots. Thc con-ditiofial useslllowed in this distict shall be compatible with single-family homes on landscaped lawns, low building heights,- predominantly otf -st rce.t paffing, low taffic volumes, and low nuisan@ po- tential. Two-family cfurclling mits are an; ditional uses within this zme, not to ex-eed more han one strudurc per lot (ex- eotdetadted oaraoes and otlerout biildings). Thd ma*imum denstty pernit- ted in this district is eight (8) dwellhg units per acre. Lisa Ellis Property location: 1042 West nh Soulh Leoal Descriotion: ffi6friofiiihe Southwest Quarter ofSection 25, Township 6 North, Range 39 East, Boise Meridian, Madison County, ldaho, described as follows:Beoinnino at a Doint that is North 89'?7'53rEast'a distanco of 1107.00 leet alono the section line from the Southwsstcom6r of Section 25, and running thence North 0'1 1 '35' West a distance of 1 51.62 feet: thence North 00'22'09" West 38i1.38 feet; thence North 89"47'53" Easlz07.27feet: thence South 00"22'09" East 535.00 leeti thence South 89"47'5.3'West 2O7.74teettothe point of beginning. Less county road right of way. At such hearing the City Council will hear all persons and all objections and recom- mehdations relative to such proposed per- mits. The City Clerk will also acEept writ- ten comments at CW l-lall prior to 4:00p.m. on the 18th of March,2014. This no' iice is oiven Dursuant to the provisions of sectioi 67-6508, 67-6509 aird 67-651 1 ldaho Code, and all amendmentsthereof. DATED this 2lst,day of February, 2014. CITYOF REXBURG Blair D. Kay; City Clerk Publish: March 01, and March 15,2014 sJ6404 (SEAL) seventy-eight consecutive weeks prior to the first publication of the sgid notice. Notary Public for Idaho ___c I T Y-- C,' j.- REXBURG A n et ic,i: ! :ari il S (-at t t t t n i:v CERTIFICATE OF MAILING I HEREBY CERTIFY thatatrue and accurate copy of the foregoing Notice was this 21st day of February,20l4 mailed to the following parties: (See attached Mailing List) lair D. Kay, City Clerk NOTICE OF PUBLIC HEARING TO AMEND THE ZONING MAP FOR THE CITY OF REXBURG NOTICE IS HEREBY GTVEN that a Public Hearing will be held the 19'h of March,2074: Public Headngi at7:!5 P.M. before the Rexbrrg City Council for (#73 00533) a Rezone ftom Rutal Residential 1 6R1) to Medium Residential2 O{DR2). (fhe reqone requut was recnnmended at the February 20't, 2014 Planning and Zoning Comnission meetingfor Low Density Residential Tfuee (LDk|. Rexburg Development Code: 3.6.010. Purposes and Obiectives (LDR3) The LDM qone is ettablished to protect stable neighborhoods of detached ingk-farni! dwellings on smaller bts. The conditional uses alloaed in this dittrict shall be compatible with inglefanifi homes on landscEed lawns, low building heights, predaninantlt of-street parking low trffic aolumes, and low nuisanrc potential. Twofarni! dwelling units i ,oniitionol uses within this qone, not to exceed more than one structure per lot (except detacbed garages and other outbuitdings). The maximum densiE pernitted in this distirt is tght (8) dwelling units per am. Lisa Ellis Propetty location: 1042 West 7s South Lesal Descriotion:- A portion of the Southwest Quarter of Section 25, Township 6 North, Range 39 East, Boise Meddian, Madison County, Idaho, descdbed as follows: Beginning at a point that is North 8947'53-East a distance of 1107.00 feet along the section line from the Southwest cofirer of Section 25, and running thence North 0"11'35"Sfest a distance of 151.62 feet; thence Noth 0022'09- West 383.38 feet; thence North 89"47'53"8ast207 '27 feet; thence South 00"22'09-East 535.00 feet; thence South 89"47'53"West207.74 feet to the point of beginning. Less county road right of way. At such hearing the City Council'qrill hear all persons and all obiections and tecornmendations relative to such proposed permits. The City Cletk will also accept written comments at City Hall prior to 4:00 p.m. on the 18m of March,2014. This notice is given pursuant to the ptovisions of Section 67-6508, 67-6509 and 67-6571 Idaho Code, and all amendments theteof. DATED this 21" day of Febraary,2}74. CITY OF REXBURG Blair D. Kay, City Clerk Publish: March 01, and Match 75,2074 Eary Fne|s tabel* use AvrryS Template 5160@ ELLIS LISA GAIL t042 w 7TH $ RSXBURC, ID 8344S AAGARD DANIEL J 68I COUNTRYSIDE AVE REX3URC,ID 83440 ANDERSON KENDAL 60I COTINTRYSIDEAVH RSXSURG.ID 83440 HELL MARVIN D I23I TAPERLN SAN JOSX . CA 9512? BROWN CHRIS S5O LONE COYOTH TRL KALISPELL. MT 5990I CHRISTHNSEN JACOB 7?OI W ST JOITN Ril APT 2I I? CLHN:}ALS, AZ ffs3(}ff NHCORIA ROXANNN 635 COUNTRYSIDE AVE REXBURG,ID 834,10 FOULK ALLISON 9835 FRFDERICKSBURS RD APT I?I $AN ANTONIO, TX 7E24C GREEN DALE M 2471 N 2000 W REXfiURO.ID 83440 H€INZ F#\4ILY LLC 75O I{ILLSIDF DR REXBURG.:D 83440 Etiquettef facil*s & peler utitirez ls asbarit AVURY& *tec$ i r m Band along tineto i i 1J-"ot"frr * expor+Popilp;*g*h j O W]LSON KORY 2992l't 25TH W PROVO, UT 84f04 ALLEN KELSEY L 607 COUNTRYSIDT AVE REXBURG,ID 83440 BAlg.D JUSTIN 66I TIMBSRHAWK DR REXBURC.ID 83440 BEfi"OER SHANE 583 TWISTfiNWILLOW WAY REXBURC.ID S3440 BUCKLEY M:CHAEL H 21566 I23R} AVE S€ KENT, WA 9EO3I CHRI$THNSfiN $HHRRI 58I COUNTRYSIilII AVS REXBURO.ID 83440 DENNEY HYRUM 3 59I COUNTRYSIilI AVf REXBURS.ID 83440 FUHRIMAN NATHAN 57t COOK ST RIXBUR0 . l) 83440 OROVHR NOUGTA$ MAX 2I2O HARMONY }ARK 5R WESTMINSTER. CO 80234 HEINZ SALLY 1025 w ?TH S REXBURC,ID 83440 R*pfi*r & le h*churs ofin de r$v6ler b rphnrr{ S*+lnr'l{ W o*F$Fm 516$@ i 2OI3 FAMILY TRUST 5415 PARKFOR} CIR CRANITE BAY, CA 95746 AMES BRENNEN J 33I5 NEWCASTTH DR TOVELAND, CO S0538 BARRUS )AVID R IO79 ARCTIC WILLOW DR RHXBURG,IN T3440 BOWEN ALOMA 2893 W 6960 S REXBURO.I} 83440 CAMPBELL JENNIFER M 573 COUNTRYSIDE AVE REXBURC. ID 83440 CLARK JIFTERY K I406 BRIDLE TRL ALLEN. TX 75002 fiILBIRT COT,Y 5?7 COIJNTRYSIDH AVE REXBURS , ID 83440 HANSSN DOUCLAS 575 COUNTRYSIDE AVE REXBURG.ID 83440 HERNANDEZ GABRIEL VASQUEZ 1068 w 7TH S REXHURC , ID fi3440 www.*v€ry,(oil {-fioo-fif}-avFRY fnsy Peele labols Ure Avery8 Tcmplate f 160@ HTLDEBMNDTJEFFERY L 594 SUNFLOWHR RD REXBURG, IN 83440 JE:{SHN ANNETTE 586 SUNFLOWER RD REXBURC . ID 8344fl JOHNSON MICHAEL J 580 SLTNFLOWER RD REXBURC.ID 83440 LAH.KIN TRUCN NARRELL 6?0s w sPfi"rNc ilollow LN I]ICHLAND, UT S4OO3 MCNE:L JEANYCK T 614 SUNFLOWER RD REXBURG.ID S3440 MHADOWS HOMEOWNERS ASSOCIATION LTD 697 TREJO ST # 6 RfiXBURO,ID 83{40 MOIA'I HEATH AtU 626 SUNFLOWER RD REXBURO.ID 83440 MUELLER CURTIS L ETUX 681 BLUE WIL:-OW CtR REXBURC.ID 83440 MUHLNSTEIN DANTEL MARV:N 555 COLDNN WILLOW DR RHXBURG.ID 83440 PANTINC ALtrX 62$ SUNTLOWSR RD RilXSURO, ID 83440 Etiquettes fa*ils* * p*ler Utilirur le *abarit AVIEY@ SISSs HYMAS C}TRIS 667 TIMBERHAWK DR REXBURC . ID 83440 JENSEN DEREK IO74 ARCTIC WILLOW DR REXSURC,ID 83440 KIHC MICHAilL A FTUX 647 ALUE WILLOW CIR RSXBURG.ID 83440 LONGAKER CAMBRI 663 TIMBERI-IAWK DR RHXBURC.ID 83440 TAITJSRDAN 605 COUNTRYSIDE AVE RHXBURC. ID 83440 MEDMIROS CARL O 44? N 3836 H RIGBY,ID S344? MOLDilNHAUER NANIIIL IO49 ARCTTC WILLOW trR REXBURS.ID 83440 VALERIS JAMES 94 -670 LUMIAUAU ST ATT 20? wAtpAHU, Hl9S797 MURRAY ZACTIARY S 5SI TWISTED WILLOW RD RHXBURO. ID 8344fl PHTHRSON A$HIEY L 43lS E 265 N RrcBY. {D 83442 ISAHO TRANSPORTAT1SN SOARD 33I I WEST STATE S1' BOISE " ID O JESTAR MICHAEL WAYNN 4679 CHASTAIN DR MELBOURNE, FL 32940 KNAPP T CURT 4534 POCAHONTA$ DR CHUBBUCK.ID $320? MACLEBY CURTIS N I73I MELBOURNE trR MCLEAN , VA 2?IOI MNYN}fiRS TJ IO93 ARCTIC WILLOW DR REXBURS . IP $3440 MOON TOSIN C 2IO SHAPOTNT WAY P:TTSBURO. CA 94565 WHIPPLN BRENT M 57I COUNTRYSINE AVE REXBURC. IN $3440 NICHOLS ROCER 649 COUNTRYSIDE AVE RSXBURC,ID 83440 PIERSON DONALP B 6333 WAUCONDA DR LARKSPUR, CO 8OI 18 i r ru Berrd along line to i i (Jee, Paper ffi sxpo$E nopfip t6gs'* | -,o t6\ nrreRY(e srbo@ il-l l' Sens d* 'Li--^-^** Replier i la hachure afin de r$vriler le rsbord Fnn-uu:lt taty Feelw lahsl* Ure AvrryS Te*plate 5160@ POULTER MARISA 239 CAPE HARBOUR LOOF UNIT 106 BRADENTON , FL 34212 PUG}I WADE :045 ARCTIC WILLOW DR RilXSURC . ID *3440 RSDFIRN THSRNTON 5S2 SUNFLOWNR RD RHXBURO, ID 83440 SCHUtf,KE TALSAN 679 COUNTRYSI)E AVE REXBURG,ID S3440 Htiquettes faniles A p*ler Utilirsr le #abarit AVERytr StCIG€ l, $rnr d* +k*inAs^d* i.l-u^*d*r^-*r,-_^-li ;*i'-*p* E "-lnlli'ilil'l;J:," !,l 1 PRICE JOY 647 COUHTRY$I)E AVE REXBURO. ID 8344S PURCELL DANIilL A 2255 E 2480 S SA}NT OEORGE , UT S4?90 SATTSRTHWAITE SHAD B 25OI HOTLYWOODAVE NORMAN , OK 73072 $TATE OT IDAHO 33II WSTATfiST BOISE , ID O Repliez i la hachure afin de r6v6ler le rebord loo-uutr W o*RYc* srso6 i PUGH MARK L IO58 ARCTIC WILLOW DT. REXBUR,O. ID 83440 RASMUS$EN RICHARD R 935 HILLVIEW DR RFXBURG,ID 83440 SCHANK LINDSEY T 33 N CROOK RD FATLON, NV 89405 $UMMERS BRAD 12625 WILSON ST LEAVUN WOR.TI{ " WA 98826 www.frvery,com 1-80(FGO-AVETY NOTICE OF PUBLIC HEARING TO AMEND THE ZONING MAP FOR THE CITY OF REXBURG NOTICE IS HEREBY GIVEN that aPublic Hearing will be held the !9'h of March,2074: Public Heating z at7:L5 P.M. before the Rexburg City Council fot (#73 00533) a Rezone from Rural ResidentiallFRl)toMediumResidentialz6'ronzl'(fherelonerequest*?t:ttof*undedattheFebruary 20,0, 20/ 4 planning and. Zoning Commission meetingfor Low Density Residential Thrce (LDR1) Rexburg Development code: 3.6.010. Purposes and obiectives (LDR3) The LDR-1 qone is established to protect stable ietghborhoods of detached singte-fani[t dwelkng: on smaller bts' The cond.itional uses allowed in this d;ir;ct shall be coipatible unti singlefanilt hones on landscaped lawns, low building heights, prednninantll of-street parking low trafic uokmys, and-low nuisance potential. Two-famifi dwelltry,units are conditional uses within this qone, not to exciid. more than une stractilre per lot (except detached garages and other oatbuild1ngs). The maximum dinsitl perrzitnd in this dhtrict is eight (8) dwelling units per acre' Lisa Ellis Property location: 1042 West 7'n South Legal Description: d;-"fthe Southwest Quarter of Section 25, Township 6 Noth, Range 39 East, Boise Meridian, Madison County,Idaho, described as follows: Beginning at a pointthat is North 8g"47'53"Bast a distance of 1107'00 feet along the section line from the Southwest corner of Section 25, andrunning thence North 0"11'35"West a distance of 151..62feet; thence North 00"22'09" West 383.38 feeU thence Norh 89"47'53"8ast207 '27 feet; thence South 00.22,0g"8ast 535.00 feet; thence South 89"47'53"West207.74 feet to the point of beginning. Less county road right of way' At such hearing the city council wili hear all petsons an_d all objections and recommendations relative to such propor"d permits. The City iletk will also.accept written comments at City Hall prior to 4:00 p.m. oi. th. 1'8'n of March, ZOi+. lhrs notice is given pursuant to the provisions of b".tior 67-6i08, 67 -6509 and, 67 -651.1 Idaho Code, and all amendments thereof' DATED this 21" day of February,2074' CITY OF REXBURG Blair D. IGy, City Clerk Publish: Match 01, and March 1'5,201'4 oaF February t7,2OL4 To Planning and Zoning and City Council, we are writing about the decision to rezone Ms. Ellis' property on 7th south in Rexburg. we hope that the Planning and Zoning and city council will not rezone the property and allow apartments on the land. we also are concerned that the comprehensive plan was changed in the first place, and we would like an explanation why it was changed' our first request, is that the planning and Zoning and the City Council not rezone the property to allow apartments on the property. we live to the northwest of Ms. Ellis' property and are concerned that apartments do not fit the nature of the area on 7.h south (willow Brook subdivision). we are very concerned that there is the potential that if it is rezoned to allow apartments, it would make the 7th south access situation even worse. The Meadows only has oNE access point' To add the potential of another set of 20 units per acre would make a bad situation even worse' lf the apartments are built up and there is just one access point, what is going to happen if there is a fire or some other disaster where emergency vehicles are trying to access the Meadows and residents are trying to exit? That would be a nightmare' and it would not be hard to trace liability back to the city for their negligence in allowing so many additional residences without another access Point. A second concern that we have is that the nature of the area is to have homes on large lots where the Meadows serves as a buffer between our homes and Highway 20. I am not opposed to development of the plot of Ms' Ellis' land if it is singfe family detached homes on% acreor larger lots. The ideal lot size would be/, aqe, but we are not opposed to % acre lots. I hope this is Ms. Ellis, intent, but I fear that her intent it to get the parcel of land rezoned so it can be attractive to a developer. lt would seem that a developer would only be attracted to the lot if there was the potential for apartment units to make it financially feasible' our third concern is with the recent changes to the comprehensive plan with regard to Ms. Ellis' property on 7th South' We are concerned that City Council disregarded the recommendations of Planning and Zoning. The City Council has every right to override the planning and Zoning, but why did the city council do it? This is what we want to understand' we like how the city has constructed a comprehensive plan to help develop Rexburg in an orderly and logical way' The changing of the comprehensive plan to allow the development of higher density units on Ms. Ellis' lot makes no sense' what is the reasoning for that change? ls it really that easy to change the comprehensive plan for a single citizen? since you allowed it for one citizen, why not for the rest of the landowners of Rexburg? lf we got a developer or someone that had influence and money, would you let us change the comprehensive plan to allow us the potential to rezone our lot so we can build apartments on it? we don't think you would because it makes no sense in the comprehensive plan' so what is your reasoning? | hope when all of you consider how Ms. Ellis' plot should be rezoned, you will know that your decisions have consequences and sometimes they are unintended. Please be careful and deliberate in your decision making and provide the citizens of Rexburg with good sound reasoning for changes that you make' we are asking that you (the city council) provide reasoning for changing the comprehensive plan for Ms' EIlis' lot' we are also asking that Ms. Ellis, lot not be rezoned to allow apartments. we are not opposed to a higher density of single family detached homes that occupy as small as% acre.we hope that you will take the concern of your fellow citizens very seriouslY. Sincerely, David and LindseY Barrus 1079 Arctic Willow Drive RilBURG Mike and Michelle King 647 Blue Willow Circle Rexburg, Idaho 83440 208-3s6-5s29 February 19,2014 Rexburg Planning and ZoningCommission City Hall 35 North 1st East Rexburg, Idaho 83440 Dear Rexburg Planning and Zoning Commission: Subject: 1042 West 7th South we strongly disagree and oppose the proposal to change the zone of the property at 1042 West 7th South. we have lived on Blue wi110w circle since october of 2000. Back then our one acre 10t was not in the city limits, the Meadows town homes did not exist, and we were surrounded by farm fields and just u f.* houses. We would like to maintain what is left of our neighborhood. We would like to express how important it is to have a proper buffer between our one acre single family property and the Meadows town homes that are already in place. It isn't just a colored "orr" tlp on a piece of paper. This is in our backyard. This is next door' please carefully consider the effect this would have on those of us who are staying here in Rexburg. FEB I 9 2014 REXBURG t..,., 1{, ; . v1r.1'{r i r! -l To whom it may concem, My name is Sally Heinz,i live at 1025 w. 7th So. in Rexburg ldaho. I live directly across the street from Lisa Ellis. I am emailing this letter in support of Lisa's decision of rezoning her property. I have lived her for 33 ye;, and was one oionly three residents on this particular road. Over the last 10 years I have seen ihi, *"u grow aggressively in the number of homes, apartments, and traffic' I feel that the changes Lisa would like to -uk", with her property would not have a negative affect in this already growing area. Change is obviously going to occur. What would really make a positive difference is, reduce the speed tiriit ao to all the traffrc from the meadows. This one road supports all the residence that live around here. There needs to be an alternative route to get in and out. Sincerely, Sally Heinz. FEB I 9 2014 ' Jdr;r.,,:li'i./ ,r February L9,20L4 Rexburg City Council City Hall 35 North First East Rexburg, ID 83440 Rexburg City Council Members: We strongly disagree with and oppose the proposalto change the zoning of the property atLQ42 West 7th South. This area should remain zoned as Single Family Residential. We purchased our home in 2001, shortly after it was built. We have spent the last 13 years landscaping, planting, gardening, and improving our home and lot while raising two small daughters here. This lot was on a dead end street in the county which we believed was the perfect environment to enjoy both rural and city surroundings in abundance. We felt very fortunate to be surrounded by kind and like-minded neighbors. Over the last 13 years we have been at the center of continual growth and have been faced with the additional infrastructure/roadway construction headaches that come with these changes. We were annexed into the city and schools, churches, businesses, and additional housing have been built all around us. We watched The Meadows constructed at the end of our dead end street and the dramatic increase in traffic that came with it. Rexburg's own Planning & Zoning Commission, just several week ago, gave a f thumbs-down to this change, citing several important reasons that this change was untimely, unnecessary, and without merit. The City Attorney quoted the City Engineers' concerns about infrastructure problems, namely sewer access and increased traffic with a single outlet. Yet the Planning & Zoning recommendation was rejected. We know that the adjoining Heinz property will eventually be developed in some manner, and yet we still wonder--where does it end? The atmosphere of our surroundings has changed dramatically and the value of our homes, as well as the lifestyle that we all have put so much time and effort into maintaining, is diminishing. Please leave this neighborhood zoned as Single Family Residential; we are losing the hometown feel of Rexburg that we moved here to enjoy and to be a part of in the first place. We have supported the City of Rexburg, both with our dollars and with our votes; we hope you will support our neighborhoods and do the right thing. Thankyou, r lrfutWe1Barrett McCoy Daniel & Teresa Moldenhauer 1049 Arctic Willow Dr. Rexburg, lD 83440 R DFIB 2 0 2014 CITY OF RilBURG Dear Rexburg city Planning and Zoning and city council, w" qr9 writing in opposition to the requested zone change at fi42west 7 south from aRural Residential 1 to Medium Density Residential 2. We realize that the property inquestion will be developed at some future point. We also reatize that the zone chingethat is granted on this property will most likely eventually be granted to the Hernendezproperty directly to the west and borders the length of our lot. We want thatdevelopment to be something that can benefit both the current land owner, Ms. Ellis, aswell as the existing homes surounding it. First of all we would like to make record of three points concerning the previous decisionof the city council to change the comprehensive plan. We realize-these points might notbe addressed at this time, but wish to make record of our concerns. 1' We inquired of city workers if the City Council meeting held on February 5,2A14would be a meeting that would give us an opportunity to speak. We were told itwould not be open to individuals to speak. However, Mr. Dan Hannah wasallowed to speak at this meeting representing himseif as an individual. We areconcerned and question why some individuals were granted an opportunity tospeak while others were not. 2- Although Mr. Hannah claimed to be speaking as an individualwe feel it was aconflict of interest for him to speak extensively on why he felt the p&Z shouldhave voted ditferenily. 3. We still feel confused and woutd like clarification on listed reasons why Citycouncil did not take the recommendation of planning and Zoning. Next we will list several reasons why we are in objection to the current zone changerequest. 1. PRIVACY- In granting a MDR2 zone, this property could potentially allow up to 20units an acre' The height restriction is 30 ft high. In such a small area we worry adeveloper would have to use that 30 ft with three level multi{amily units in order toget the most units per acre. We have 5 young children and are concerned about thepossibility of tenants having the ability to looklnto our backyard.2' SAFETY- Under tvlDR2 the potential is there tar 2A units an acre. That could mean50 units in the 2.5 acre plot. We realize that with green space and other currentrequirements this might not be a realistic density. However, the possibility exists.This could mean 50 more families and 50-100 more vehicles traveling on a dead endroad. A developer can not adequately "fix" this road to iustify the additional tratfic andcongestion. 3. BUFFER- We feel this is the most important issue at hand. lt is criticat to zone theproperty to create an adequate butfer from the four family units that exist at 13 unitsan acre in the Meadows to the east and the .5-1 acre single family homes to the northand west. We feel that by allowing MDR 1 or MDR 2, which allow tour un1 buildings,and density maximums from 16-20 units per acre that an adequate butfer would notbe achieved- lt has the potential to be similar to what the Meadows already is. With our oppositions being stated may we add a suggestion that might serve as a betterbutfer than MDRZ? ln our research, LDR3 appearJt6 be a zone toionsider. lt wouldresolve our concerns with privacy, safety, and an adequate buffer. lt would allow Ms.Ellis further development on her property and yet wouid be an adequate butfer for thefour units in the Meadows and the existihg homes. lt would allow twin homes on g,000 square feet lots' This is 2l1O of one acre. With a 2.5 acre parcel there is the potential of15lots. Once again we understand green space requirements will limit this. We hope that you will carefully consider the best option. you for your time.i Teresa Moldenhauer iw!ry"r&M ,7?r" ,/ Daniel Mbldenhauer Willowbrook N eighborhood February t7,2At4 Dear Planning & Zoning Commission and The issue of the Ellis property discussed at the last City Council meeting was not the first time this proposed comprehensive plan for change has been brought to the Rexburg City Council or to the bt"nning and loning Commission. On August 2,20L2,Mr. Kevin Murray, a realtor from Idaho Falls, ,rpt.pit.d tne fllis and Hernandez properties and asked for a change in Rexburg's Comprehensive plan for purposes of changing the zoning, thus increasing the properties' densiW. On this past occasion, the Willow Brook neighborhood was well represented by dozens of families, nine letters were read in the meeting, and a petition was presented with 157 signatures indicating opposition to the comprehensive plan change. At this meeting, the Ellis' request was unanimously denied as indicated in the following minutes from this meeting: Vat Christensen slarified that this request is to change the properties from Single Family Residential to Moderate-High Density Residential. The applicants feel this request is consistent with the use to the east. The City Engineer/Public Works has expressed concern about the availability of sewer to the subject pircels, additional traffic on a single access roadway, 7th South, and that it will be a problem if it atiome time is blocked for any reason. The City Engineer/Public Works in his review stated that this is not a good use for the constricted access land. Mary Ann Mounts said she believes as Public Works has said that it presents a real safety issue here. The road ends and does not go anywhere. She does not feel the requested change is doable. Thaine Robinson said on the Comprehensive Plan Map, the Meadows properly is not really congruent with the Rural Residential neighborhood to its west. The City kind of inherited that ptuj-rrt from the County. He would not want to encroach upon the Rural Residential. If the property was LDRI or LDR2 it might be a different issue.lraffic bottlenecks on West 7th South itrtr. H-" does not see the situation getting better and does not want to add to it' Jedd Walker said when looking at the community as a whole, he would hope that the density could be developed in the places that have already been designated for the best density before changing other areas. He wbuld like to see those areas that the City has specified to be densifed to be filled in first. Chairman Dyer noted that the Commission has long struggled with this whole area west of the freeway. At the time, there were a number of development proposals coming forward -stable single iamily neighborhoods, large plats with varied uses, and small pieces of property that wanted to be added on t*o or three at atime to all of this, and with varying proposed densities. The Commission recognized that they needed to get a handle on the nrister planning of this area. The Commission spent a considerable amount of time and made a concerted effort through the comprehensive planning to get it all put together- They talked about leaving the buffer along the higliway and then protectingthe interests of the single family. Chairman Dyer felt that denial of this request was reasonable for these reasons and sqmd City Council Members and Officials: plannmg pu{poses; although, it is recognized that the applicants had a connective right to ask for this request. The Chair wanted the record to reflect that he very much appreciates Mr. Walker's observation that the areas specified to be densified be filled in first. It is looking at part of a larger picture. Thaine Robinson motioned to recommend to City Council to deny the Comprehensive Plan Map Amendment request for the properties at1042 and 1068 West 7th South to change from Single Family Resideniial to Moderate-High Density Residential. Jedd Walker seconded the motion. None opposed. Motion carried. A second request from the Ellis family was discussed in the fanuary 2014 Planning & Zoning meeting. The issue of changing the comprehensive plan on the afore-mentioned property was pr"r.ntud, and both sides of this issue were again discussed. After hearing and taking both views under consideration, the Planning & Zoning officials felt, a second time, that the request for changing Rexburg's comprehensive plan to allow moderate-density zoning would not benefit the City of Rexburg and they sent their recommendations to the City Council. On February 5,20t4, at a non-public City Council hearing, Mr. Dan Hannah, a member of the planning and Zoning Commission was allowed to speak. Though city attorney Mr. Stephen Zollinger explained that Mr. Hanna was acting as a citizen and not as a member of the Planning and Zoning Commission, Mr. Hannah's words imply otherwise: "Had I had the information I have today, I would not have made the recommendations I did that night." When Mr. Hannah referenced the decision made in Planning and Zoning, he was clearly acting as a representative for the entire Planning & Zoning commission. Though he was allowed to speak at tength on behalf of the Ellis property, voicing his support for the change, the Willow Brook representatives were not allowed to voice their opinions due to the closed nature of the meeting' The City Council then overturned the Planning and Zoning recommendation with no clear reason other than Mr. Hannah's representation of the Planning & Zoning Commission. The property of concern stands as a buffer between the Meadows development and the Willow grook neigtr-Uortroods, and it has been a point of dispute over the past couple years' As the Willow Brook neighborhood, we are willing to compromise and be a part of finding a resolution between the Ellis homeowners and the surrounding neighbors within the Rexburg community. 1\-13 The Meadows is currently a moderate-density developryeglas it has about 13 units per acre. The Ellis Family is vying to hive their property rezoned toTMn[Z)fhough this zoning change might appear "s i buffur in theory, in reality, it is the same rypt5lToning that exists in the Meadows development. As a neighborhood, we understand the Ellis'desire to increase the potential prospect of a future sale; theieby, we would propose to the Planning & Zoning that they set this property as an LDR3 zone. This would allow an increase of density for the Ellis family, but it would also create a buffer between the single-dwelling homes surrounding the property and the moderate density of the Meadows development. This zoning request also provides the rural Willowbrook neighborhood with conditions such as privacy fences and trees that would be appropriate to the security and safety of the residents who directly border this property. Please consider our zoning recommendation as we feel that moderate-density zoning is not appropriate for the following reasons: It0 1. With the potential of 20 units per acre, this would increase the traffic on an already problematic road. 2. This density change has already been denied due to safety concerns. 3. The city of Rexburg has spent time and money developing a comprehensive planthat allows for moderate-density housing in areas that are still not occupied. 4. If this property were allowed to become moderate-density housing, it will set a precedent for future development around the Willow Brook neighborhood. 5. As citizens of the City of Rexburg, the Willow Brook residents purchased and invested in this neighborhood because of their understanding of rural residential zoning, which encompasses this area. They also expect that the integrity of rural zoning would be upheld by social contract through our governing officials. 6. Willow Brook residents fully comprehend the negative impact this proposed zoning change could have on our country-like neighborhood. Many of the original Willowbrook neighbors have had their quiet country homes change as the Meadows were developed. Anytime moderate-density housing is added to an area, social and infrastructural problems exist. More housing units, especially four-family units added to this property is not the solution to the current situation. The Willow Brook community has been involved and will continue to be involved with the positive growth and expansion of the city of Rexburg in business, as volunteers, and in local government as proponents of finding resolutions to issues which occur with an increase in development. With sincere interest and concern, Shane Berger: 583 Twisted Willow Dr. Jacob Price: 1105 Coyote Willow WaY Lori Price: 1105 Coyote Willow Way Kevin Christensen: 645 Willow Brook Circle Janet Christensen: 645 Willow Brook Circle Dr. Scott Wilkes: I 115 Arctic Willow Drive Shelly Wilkes: 1115 Arctic Willow Drive Jason Flora: I133 W Arctic Willow Drive Tisha Flora: I133 W Arctic Willow Drive Justin Taylor: 1094 Green Willow Drive Natalie Taylor: 1094 Green Willow Drive Les Hill: 1113 Golden Willow Circle Teni Hill: 1113 Golden WillowCircle Paul Scholes: 1118 Coyote Willow Way Wade L. Pugh: 1045 Arctic Willow Drive Judith M. Pugh: 1045 Arctic Willow Drive Troy Sakota: 524 Golden Willow Drive Jill Sakota: 524 Golden Willow Drive Alan Fransen: 1120 Green Willow Drive Heidi Fransen: 1120 Green Willow Drive Stacey Kunz: 676 Willow Brook Circle Kevin Jones: 1132 Golden Willow Circle Susan Jones: 1132 Golden Willow Drive Mark Coglianese: 544 Golden Willow Drive Amber Coglianese: 544 Golden Willow Drive Dr. James Allen: 562 Golden Willow Drive Katie Allen: 562 Golden Willow Drive Amy McCoy:677 Willow Brook Circle Jonathan McOmber: 1116 Arctic Willow Dr Angela McOmber: 1116 Arctic Willow Drive Derekfensen: L074 Arctic Willow Drive Sara fensen: T074 Arctic Willow Drive Neal Carter, Ph.D.:441 Twisted Willow Way Darla McCoy: 642Blue Circle Tyler Barton:1076 Green Willow Drive Sharee Barton: 1076 Green Willow Drive Curt Mueller: 681 Blue Willow Circle Melodee Mueller: 681 Blue Willow Circle Steve Riding: 1181 Arctic Willow Drive Gaye Riding: 1l8l Arctic Willow Drive Jacob & Crystal Adams: Twisted Willow Way -) Mike and Michelle King 647 Blue Willow Circle Rexburg, Idaho 83440 208-3s6-s529 January 13,20L4 Rexburg Planning and ZonngCommission r. 1trt,' ol City Hall ..,,.:. i' 35 North lst East , \ ,t ''-n"{.' ,-' Rexburg,Idaho 83440 '-'' '' ' i, .:" Dear Rexburg Planning and Zoning Commission: tt4).:r- l",i"i 1"{',.,!',itr .li lf i , rt ''o: Subject: 1042 West 7th Southo request to change comprehensive plan (#f3 00532) and request to rezone (#13 00533). We strongly disagree and op;lose the proposal to change the comprehensive plan and the zone of the property at 1042 West 7* South. This area needs to remain Single Family Residential for the reasons listed below. There is already a large amount of traffic that exists on this very busy section of 7th South. There is only one access to the property. The amount of traffic and limited access needs to be considered in situations that require an arnbulance, a fire kuck, or any other emergency. During winter storms, this road is often down to only one lane as the snow blows across the fields opposite of the properfy. This area cannot safely handle more density. It is extremely important for Rexburg to keep some Single Family Residential zones. Changing the comprehensive plan and the zone would significantly decrease the value of the homes i" tfr" neighborhood. It would change the characteristics of the neighborhoods all around it. We feel it would have a negative effect on all the property in the surroundin g area. There is no reason to change the comprehensive plan. This property has value with the existing zoning it already has. The zone change that has been requested is very broad in description and could include a wide range of possibilities. This area needs to be carefully considered because it sits right between an established city neighborhood with large lots and existing high density townhome buildings. The Rexburg neighborhoods with longtime residents need to be protected. Please carefully consider the effect this would have on the wonderful hometown feel of Rexburg for this entire neighborhood. Please keep it Single Family Residential as it is. Thank vou. WMike & Michelle King \J JanuarY 13,2AV To Whom It MaY Concern: Inregardstotheproposedzon\ngchangeofthepropertylocatedat|042 West 7fr South (Lisa Ellis's property), we strongly oppose the change from single fam*y residentiar to row-moderate ie.rrity residential. we enjoy living in the w'rowbrook subdivision because of the open rural feeling that the single family residential zofiea*ows. we feer that changing the zofie of the properly next to our community will influence the atmosphere that we and each of our neighbors enioy' we are concerned with the traffic hazards,the congestion' and the safety issues that currently exist. A change in the zoneto a higher density will increase the current safety and traffic issues in the willowbrook and the surrounding neiglrborhood. trfi"fll 6vnw( R*+-- Mark Pugh Susan Pugh 1058 Arctic Wiliow Drive Rexburg,ID 83440 e f4r4'.^"PUu-" I January 13,2014 To Whom It MaY Concem: In regards to the proposed zoning change of the properfy located at rc42 West 7th South (Lisa Ellis's property), we strongly oppose the change from single family residential to low-moderate density residential. We border this property to the north of the proposed changes. This change will not only affect our property value, but also the quiet open atmosphere that we enjoy' We bought this property because of the lot size and the "rural" atmosphere that exists in this current zane. Thank you,,, i,tJ tt.rk, Wade Pugh Judy Prrgh 1045 Arctic Willow Drive Rexburg, ID 83440 ,r\ 2 Elaine McFerrin From: Sent: to: Subject: Thank you for your time and your service. Rich and Tammy Geddes Richard Geddes <rtgeddes@cableone.net> Wednesday, January L5,20L4 4:4L PM Elaine McFerrin Zoning for land adjacent to Willowbrook Subdivision To whom it may concern: It has been brought to our attention that a change in zoning is being discussed at a Planning and Zoning meeting January 16,2OL4 for a parcel to the west of the Willowbrook Subdivision. Because we are unable to attend this meeting, we would like to send our input for consideration. At present we understand the land is zoned for single dwelling homes to be built on .5 acre lots. A few years ago the zoning had been changed from farm land to allow for a low density proposal. We agree with the Planning and Zoning in this action. We know we need to allow for growth in Rexburg. We encourage you to keep this zone as a low density zone for single dwelling residential homes. lt would maintain the integrity of the neighborhood. lt would keep congestion to a minimum versus a higher density, and it would be safer for the children who will be walking to Burton Elementary due the less traffic than a higher dense land. lf a proposal is being made to increase the zoning on this particular parcel, we would ask that you carefully consider the potential conflicts that could arise. An increase in the density which would increase the traffic of that parcel could adversely affect the safety of the children who potentially will be walking to Burton Elementary which is in close proximity. Much concern has been raised with the over-crowded high density of the townhomes to the east of this parcel. Adding a higher density zoning would increase congestion on 12th West near the congestion already facing the 7th South intersection. We would appreciate your consideration in maintaining your initial change and keep the parcel a low density for the land in question. Er-I CITY OF RDGURq 4"[ DASE: JanuarY 15,2414 TO: Planning &,Zallnng ATTN: Elaine RE: Lisa Ellis Property Rezone Request we wourd rike the pranning & zarungcommittee to know that we support Lisa Ellis in her request to rezone her property. We have no objectioas' Gabriel & Ruthl-ee Hernandez 1068 West ?s South Rexburg,ID 83440 rt ,{" rf NOTICE OF PUBLIC HEARING ToAMENDTHECOMPREHENSIVEPLANMAPANDTHEZONINGMAP FOR THE CITY OF RE,XBURG NOTICE IS HEREBY GIVEN that two Public Hearings will be held the 166 ofJanuzry,2A74: Public Hearing #1: at7z05p.m. at City Hall, 35 Noth 1" East, Rexburg, Idaho, befote the Re"u*g nr"""i"g andzonngcommission of the city of Rexburg, Madison county, Idaho, to considel @$ 00\i2) a Comitehensive Plan Map Amendment land use designation change ftom Single Family Residential to Low-Moderate Density Residential. Public Headng #2 z at7:40p.m. befote the same Rexburg Planning andzontngcommission fot 1+rr oosr3,; " {.roo" ftom Rural Residential 1 (RIt1) to Medium Residential2 odDR2)' Lisa Ellis Propetty locadon: 1042 West 7* South Legal Description: Afo*i-n oith" Sorrth-est Quarter of Section 25, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, described as follows: Beginning at a point that is North 8g"47'53-East a distance of 1107.00 feet along the section line from the Southwest comel of Section 25, andrunning thence Noth 0"11'35"West a distance of 1,51.62feet; thence North 00"22'09 west 383.38 feeu thence North 89"47',53"8ast207 '27 feet; rhence South 00.22'0gEast 535.00 feet; thence South 89"47'53'ryest207 ]4 feet to the point of beginning. Less county road right of way' At such hearings the Planning &zon:ngcommission will hear all pemons and all obiections and recommendadons relative to--s.t.h ptoposed permits' The City Clerk will also accept written commefits *Ciq Hall pdor to 4:0b p-tn. on the 15th of Januaty,2074' T6s notice is given pursuant to the provisions of Sefoon 67-6508, 67 -6509 and 67 -6571 Idaho Code, and all amendments thereof. DATED this 20th dav of December,2073' CITY OF RE)GURG December 28, 2073 and January 77, 2074 D. Kay, City Clerk \ " j*t:i"" i r' / ( :{r !{r, l-] 00-s-12 lt l.l 0053-1 Conr1r PlarilUap ;\rrtentJ .tRezone t,isa Ellis Postirte Phottr { 7 i Cerlificqle of Mqiling City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022www.rexDurg.org CITY OF REXBURG c\r - Ameica\ [amilv Communitt, File #: i b c-C i': ) FileName: tts*^ti(..,-tk ci I'i (r* I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this ';urt davofual",20 iV mailed to the following parties: [See attached Mailing List) By: -__----- fiifi FE$I NOTICE OF PUBLIC HEARING TO AMEND THE COMPREHENSIVE PIAN MAP AND THE ZONING MAP FOR THE CITY OF REXBURG NOTICE IS HEREBY GTVEN that two Public Hearings will be held the 16s of January'291'4: Public Hearing #12 x7z05p.m. at City Hall, 35Iorth 1" Easg Rexbur.g Idaho' before the Rexbutg planning lrfldZontngCornr.trr.tn ofthe City of Rexburg, Madiso" C"'13ffi* Single p"-'ily Residential to iow-Moderate Density Residential' Public Heating #2: at7:40p.m. before the same Rexburg Planning and'ZgnnpCommission fot (#13 00533) a Rezone ftom {.rral Residential 1 ER1) to Medium Residential2 odDR2)' Lisa Ellis Propetty location: 1042 West 7* South Legal DescriPtion: A portion of the southwest Quatter of section 25, Township 6 North, Range 39 East' Boise Mi.idirn, Madison County, Idaho, described as follows: Beginning at a point that is North gg"47'53-East a distance of 1107.00 feet along the section line from the Soutfrwest cornef of Section 25, andrunning thence Notth 0'11'35"\West a distance of 7;1.62feet; thence Noth 00"22'09 West 383.38 feetJ thence Noth 89'47'53"82st207 '27 feet; thence South 00'22'0g"East 535.00 feet; thence South 89"47'53-West2}7 '74 feet to the point of beginning. Less county toad dght of way' At such headngs the Planning &zontngcommission will heat allpefsons and all obiections and recorrrnefldations relative to-ro.h propJr"d permits. The City Cletk will-also accept written comments atCity Hall ptior to 4:0b p-tn. on the 15th ofJanuary, 2014. This n3tice is given Putsuznt to the provisions of Section 67-6508, 67 -6509 and 67 -6571' Idaho Code, and all amendments thereof- DATED this 20th day of Decembet,2973' CITY OF REXBURG Publish: December 28,2073 and'Jmuary 71,2014 orrrnprName PrimaryContactHouseNumber PIN RPRWLBE3OOROAD Y 5415 RPRMDOS0040010?N1? 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WA 98826 Communily Development Deporlmenl STAFF REPORI Phone: 208.359.3020 Fox: 208.359.3022 SUBJECT: APPLICANT: PROPERTY OW\ER(S): PURPOSE: PROPERTY LOCATION: CURRENT ZONING: PROPOSED ZONING: SURROUNDING LAND USES AND ZONING: APPLICABLE CRITERIA: AUTHORITY: ct'fv ()t-' REXB{-IRC.... ..._ (\. ilm erirc.\ Ftzmi Iy Canm uttili: Rezone Application File #13 00533 - Lisa Ellis Lisa Ellis 1042 West 7ft South Same as above Request is to rezone from Rural Residential I to Medium Density Residential2 1042 West 7ft South Rexburg,ID 83440 RPRXBCAO255791, Requesting concurrently with this rezone request, for the Comprehensive Plan Map designation to be changed from Single Family Residential to Low- Moderate Density Residential Rural Residential 1 Medium Density Residential 2 Residential, farmland Rural Residential 1, Rural Residential2, Medium Density Residential 1 City of Rexburg Development Code (Ordinance Code 1026) $ 6.13 Amendments to this Ordinance $ 6.13 (E) "The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied" PROPERTY ID: ^dOMPREHENSIVE PLAN: v L : BACKGROUNI) The Rexburg Development Code allows for the Commission to make recommendations to the City Council r"g*ding whether or not the property should or should not be rezoned based on the criteria found in section $6.13. CaseNo. 13 00533 il. ilI. SITE DESCRIPTION The total area involved in this re-zoningrequest is identified as approximately 2.55 aues, whic' approved will result in changing Rural Residential I (RR1) into a Medium Residential 2 (MDR2/ Zone. ANALYSIS If approved, this rezonewill result in changing Rural Residential 1 (RRl) into a Medium Residential2 OnOnZl Zone. The request would require-the Commission and City Council to review the proposal against one set of criteria, for the request to rezone. Below, staff has provided all the criteria listed by ordinance 1026 (Development Codi) that are required to be addressed, followed by staff s analysis of each criterion. Criteria Rezone Requests ($6.13): & Be in conformance with the City's Comprehensive Plan and the City Development Code' If successful in a previous public hearing, the applicant will have the Preferred Land Use Map property currently identified as Single Family Residential recommended for change to Low- Moderate nensity Residential. The requested Medium Density Residential2 zone is allowed in the Low-Moderate Density Residential land use zrea as per the Rexburg Comprehensive Plan' b. The capacity of existing public streets, water and sewerfacilities, storm drainagefacilitie: 'lid waste collection and disposal, and other utilities' The City Engineer has concems about added traffic to 7th South due to one access point' Also, he has questions about how sewer access will be accomplished. c. The capaciry of existing pubtic services, including but not limited to, public safety services, public emergency services, schools, and parks and recreational services. The City Engineer did not voice a concern. The appropriate Impact Fees will be collected prior to the issuance of a Building Permit. lr d. The potentiolfor nuisances or health and safety hazards that may adversely affect adioining properties. Staff has reviewed and does not feel the change will have a negative effect. e. Recent changes in land use on adjoining properties or in the neighborhood of the map revision' None f. Meets the requirements of the Comprehensive Plan' See paragraph a. Case No. 13 00533 Page2 IV.STAFF' RECOMMENDATION If the planning andZoningCommission determines that all of the criteria are met, Staff requests that the planning;d Zoningdommission recommend that the City Council process the requested zone change. Case No. 13 00533 {t:l! o1, ITEXBURG .N j\fl e r i et! L ti tl I i l), 1. :t) i t t I t t | il i t)' Comorehensive Plan Map Amendment Application File #13 00532 and Rezone Application File # 13 00533- Lisa Ellis Review Comments From Public Works Department: t. Water: Access to adequate water for any type of development is not a problem. Wastewater: There is no sewer line in 7th South and an arrangement would be required to access the sewer lines in Willowbrook or The Meadows. There has been no evaluation done to determine if there is adequate depth with the existing lines to serve the proposed development. Streets: We are concerned with any significant increase in traffic due to the fact that there is only one outlet to serve this area and the existing traffic with The Meadows. This 2.5 acres could develop a significant increase in traffic and additional related problems. 2. 3. ra I I City ofRexburg Receipt#:666 Date:12/20D013 q10,.ry," Cso.oo I i ..".".. .., .t. .:- l--- --' -" Total Amonntllse: Total PrYment: Co&: REXBURG-Recpt666-20-l 2-20 I 3-elaincor 850.00 &{).00 ReceivedBy: elainem Pegec I of I