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Home My WebLink AboutALL DOCS - 14-00346 - Debra Smith - Rezone - 231 E 2nd N,c:f IY._ql .-..*.._ REXBIIRG-arrj.r,f i:*;f' c"-i-m ORDTNANCE NO.112I AN ORDINANCE AMENDING AND CT{ANGING THE ZOMNG MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY,IDAHO, BE CI{ANGED AS HEREINAF.TER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY the City of Rexburg, Idaho: SECTION I: That the zoning map of the City of Rexburg Idaho, which is filed with the city clerk theteof, be, and the same is hereby amended and changed to provide tbat the hereinaftet descdbed p(operty situated in the City of Rexb"g, lVfadison County, Sate of Idaho, regarding (#14 00346) rezoning a prop€rty from Comm"nity Business Centet (CBC) to l\fixed Use 2 (lv{U2). The said ptoperty is located ar23l East 2"d North, in Rexburg, Madison Counlv, Idaho, and more pardculady described as follovs: I-esal Descriotion: Commencing at a point 4 rods West of the SE comer of Lot 3, Block 17, of the City of Rexbutg, as p€r the recorded plat theteof, and running thence North 15 rods; thence West 3 rods; thence South 6 rods; thence IDTest 10 feet; thence South 9 tods, and theace East 3 rods 10 feet to the point of begnning. SECTION II: That a new zoning map showing these amendments shall be certified to and declared to be the official zoning map of the City of Rexburg by passage of this Ordinance by the CiW Council of the City of Rexburg. SECTION III: This otdinance shdl become effective upon its passage, epptoval and publication. PASSED BY TIIE CITY COUNCIL AND APPROVED BY THE Ir{AYOR on this l]ada,v of September, 2014. lnstrument # 391168 REIAU RG, XADTSOI{. IOAHO 923-2014 O!t:16:13 ilo'ofPaors:2 Record.d for : CITY OF REXBURG Kttl{. IUIR Fee:too- Ex.ofitcb nccotC.r O"e.rV-ff=-- ,$"*5 n-e"*.6t%, g-l'r,-rgt'OIt,1 ;'i9Sfleil; *;i;1,'r-rt. Published on September 25'h, 2014 STATE OFTDAHO) )rt. County of Madison ) I, BLAIR D. KAY, Cigv Clerk of the city of Rexburg Idaho, do hereby certifi,: That the above and foregoing is a fulJ, ttue and co$ect copv of the Ordinance Entided: AN ORDINANCE AMENDING AND CHANGING THE zoNINGMAp OF THE CITY OF REXBURG,IDAHO, AND PROVIDTNG THAT THE ZONED DESIGNATTON OF TI{AT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COIIN:TT, IDAHO, BE CI{ANGED AS HEREINAFTER DESIGNATED; AND PROYIDING WHEN THIS ORDINANCE SHATT BECOME EFFECTIVE. PASSED BY THE CITY COUNCIL AND APPRO\,T,D BY THE MAYOR this 17fr day ofSeptember, 2014. $iT;rynaYnri ,\, T-iEi\L; #;ni;r,ffi BEXETIRg Ailgr ic o -\ ltttru ilr Co ft un wtitl ORDINANCE NO. 1U1 AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG' IDAHO' AND PROYIDINGTHATTHEZONEDDESIGNATIONoFTITA'*T CERTAIN PNOPTNTY HEREINAFTER DESCRIBED' SITUATEDINREXBURG,MADISONCOUNTY'IDAHO'BE CHANGEO ES iBNNTNEiTER DESIGNATED; AND PROVIDINGWHENTHISORDINANCESHALLBECOME EFFECTIVE. BE IT ORDAINED BY the City of Rexbutg' Idaho: SECTIONI:ThatthezoningmapoftheCityofRexbutg,Idaho'whichisfiled with the city clerk thereof, be, and th" ,r-" is heteby amended and changed to ptovide that the hereinafter described property situated in the City of Rexburg' Madison County' State of Idaho,tegard,ing(#1400346)rczotingapfopeftyfrornCornmunityBusinessCentet(CBC) to Mixed Use 2 (t\{U2)' The said pfopefty is located at231.East 2"d Nofth, in Rexburg, Madison County' Idaho' and mote particularly desctibed as follows: Legal DescriPtion: Commencing at a point 4 rods V/est of the SE corner of Lot 3. Biock L7, of the CitY of ;""*-;;;:;".orded plat thereof, and running thence North 15 rods; thence west 3 ^ r --l rL^-^^E^ot?rnrlc ;ffi*#;;; rods; thence west 10 feet; thence South 9 rods, and thence East 3 rods 10 feet to the Point of begrnning' SECTIONII:ThatafIe\Vzonlngmapshowingth::.amendmentsshallbecetified to and declared to be the official zoning tiup "r the city of Rexburg by passage of this Orairrut." by the City Council of the City of Rexburg' SECTION III: This ordinance shall become effective upon its Passage' approval and publication. PASSEDBYTHECITYCOUNCILANDAPPROVEDBYTHEMAYoRon this 17'h day of September,2014' (,flet'\It)Richatd S. Woodland, Mayor ATTEST: Blair D. IQy, City Clerk Published on September 25'n ,201,4 STATE Otr rDAHO) )rr. County of Madison ) I, BLAIR D. I3Y, city clerk of the city of Rexburg, Idaho, do hereby certi$': That the above and foregoing is a full, true and coffect copy of the Ordinance Entitled: AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG,IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY,IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. PASSED BY THE CITY couNCIL AND APPROVED BY THE MAyoR this 17'h dav of September. 2014. Blair D. I(ay, City Clerk Findings of Fqcl Cily of Rexburg {ITY OF REXBIJRG A meri ra\ Famib (7t n mu n itv www.rexburg.org Phone: 208.359.3020 Fox: 208.359.3022 1,. 2. 3. Rezone - Debra Smith - #14 00346 231, East2"d North On August 8,201.4, Debta Smith presented to the City of Rexburg Plannirg & Zonng Coordinator a request and application for a zone change for the property located at237 East2"" Noth in Rexbug, Madison County, Idaho to be rezoned from Community Business Center (CBC) to Mired Use 2 (A,IU2). On August 77,2074, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on August 1,6 andAugust 30,201,4. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. On Septembet 4,2074,Debra Smith presented to the Planning &ZonngCommission for the City of Rexburg, the Request fot a Rezone for the property located ^t 231 East 2"d North, in Rexburg, Madison County, Idaho to be rezoned from Community Business Center to Mixed Use 2. Dan Hanna motioned to recommend to City Council approval of a zone change from Community Business Center (CBC) to Mixed Use 2 (I\4U2) for the property located at231, East 2"d North. Bruce Sutherland seconded the motion. None opposed. Motion caried. 4. On September 1.7,201,4 City Council considered a Rezone ^t231East 2nd North to change the zone from Community Business Center (CBC) to Mixed Use 2 (A,IU2). Debra Smith is the ptoperty owner and apphcant. She presented the rezone request for 231. East2"d North. The property is next to Arctic Circle. She inherited the property, which has been in het family for several yeais. The property was changed for signal farruly iesiiential to a duplex; the home was built n 1944. Mts. Smith said hired and relied upon the contractor to apply for the necessary petmits to change the home to a duplex. She said she also shares some the teasonabiJity for not checking the zone requirement, however all of the work has been completed and the duplex is move in ready, upon City Council's approval. Community Ditectory Val Christensen stated Mrs. Smith has been working with the city's building department. The current zone is CBC the house was grandfathered, however when the zone changed many years ago the zone doesn't allow adding to the propeffy in residential. In the Comprehensive Plan this area is neighborhood commercial mixed use staff agreed it would be a good transition from CBC to HDR to the East if it v/ere rezoned to MU2, however MU2 requires a conunercial aspect which this home doesn't have none. Mrs. Smith was directed to apply for a conditional use permit. The Planning and ZontngCommission and staff have reviewed the request, pemits were submitted inspections were made, both PlanningandZontng and staff recommend the zone change. Council Membet Busby asked with the property being a duplex if there would be sufficient parking. The site map was reviewed on the overhead screen. ry T T f t 1;:i "$ t {.I ryI +q\ [s I .1" ,l 04 *"$ !6 n{ f! *r B' hs m tr- ittr g P fn dl-a{ r "rt\ /fit?r * ft,t 3:q "'{* lYl 'r",.1 .? d:" ,i'*fs {-;- r. ,.1 lrj l, i,.T \{t),i,nll ".t; L;' s* ,sY -& '{' L 6' 1'*;,, -f 1!':p f..s iF, {0i J{[7ft fI dti( 1*t 7 d*|"l ';rt4dl-l s 3l'"S"s br iv,*r,lu* y Community Development Director said that two single family dwells, which is a duplex doesn't have to meet the parkiflg requirement of a multi-family housing, with multi-family housing requires a parking lot with two way tnffic or in and out with one way aaffic that has an exit. Discussion regarding pafting requirements. Council Ptesident Smith asked about the size of the lot. She asked if more units could be built on this property with it being zonedmixed use. Community Development Director Christensen indicated it is possible to add more units. Discussion regarding Mixed Use Zoning in a commercial zone. City Attorn ey Zollinger clarified having an MIJ2 Zone in a commerci al zone is not at alf a- typical. He said the definition of mixed use is the hybrid between residential and cornmercial. The additional ptoperties are something we can review at the next City wide adjustment. -t' * i}l , tt* *e q*f-, $;: n\ fu& 3.14.010. Purpose and Obiectives It is the purpose and intent of the moderate intensity mixed use ('MU2') district to provide areas in which a varietyof housing types may exist among neighborhood-serving commercial and institutioiql uses. The MU2 zone shall dffirfrom the MUI zone by allowing higher residential dwetling unit density and by having ct more commercialstyle rather than q residential style. The MU2 zone is intended and therefore shall only be ipplied to areas that aredesignated Neighborhood Commercial/Mixed Use on the City's Comprehensive Plan-map. ior land that is zonedMU2, and is locatedwithin the Pedestrian Emphasis Zone (PEZ): less parking and highir densityfor residential units are allowed as per the definition of the Pedestrian Emphasis Zonefound in Chapter 2. Council Membet Mann moved to approve the rezone at 237 East 2nd North from Community Business Center (CBC) to Mixed Use 2 (X4U2) and consider Ordinanc e 11,21 firct tead; Council Member Benfield seconded the motion; Mayor \Woodland asked for a vote: Council Member Mann moved to suspend the rules to consider Ordinance 1721. for a third reading; Council Member Busby seconded the motion; Mayor \ilToodland asked for a roll call vote. Those voting aye Council President Smith Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carded. Those voting aye Councii President Smith Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Those votins nav None Those voting nay None Council Member Smith moved to consider Ordinance 1121 thltdread; Council Membet Busby seconded the motion; Mayor \X/oodland asked for a vote. Those voting aye Council President Smith Council Member Mann Council Member Benfield Council Member Busby Council Membet Merill Council Member Wolfe The motion caried. :'li{'c ,tIIt; {,{ & '1 $ itl1J,{'a 1,"J 3 .: if $t Certificote of Moiling City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022 File #: i,{oo iq b REXBURG A m e ri ca's Fam ily Com mu n ity35 Norlh I't Eosl Rexburg, lD 83440 www.rexburg.org I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this .rSt- A fi i,ro t day of /+Lt4L[ .20 lY mailed to the following parties: File Name: Tqi,nL .[M;,t l,u - Re z",x-t * ,r. ?'Q*u^" UklL^'''^- (See attached Mailing List) NOTICE OF PUBLIC HEARING TO AMEND THE ZONING MAP FOR THE CITY OF REXBURG AND A CONDITIONAL USE PERMIT FOR IOO % RESIDENTIAL USE IN AIN MU2 ZONE NOTICE IS HEREBY GTVEN that two Public Hearings will be held Thursday, the 4'h of Septernber, 2014 for the property located at 231, East 2"d North: Public Hearing #l: at 7:05 P.M. at City Hall, 35 North 1't East, Rexburg, Idaho, before the Planning andZorungCommission of the City of Rexburg, Madison County, Idaho, to consider (#14 00346) to tezone the property ftom Community Business Center (CBC) to Mixed Use 2 Gvru2). Public Hearing #2: at7:20 P.M.before the same Planning and ZoningCommissio n for (#1.4 04347) to consider the same property requesting a Conditional Use Permit to allow 100 percent residential and zero percent commercial in a Mixed IJse 2 zone. Rezone and Conditionai Use Permit - Debra Smith Legal Description: commencing at a point 4 rods west of the SE corner of Lot 3, Block 17, of the per the recorded plat thereo{ and running thence Noth 15 rods; thence West 3 6 rods; thence West 10 feet; thence South 9 rods, and thence East 3 rods 10 feet beginning. City of Rexburg, as tods; thence South to the point of At such hearings the Planning andZonngCommission will hear all.persons and ali objections and recommendations relative to such proposed permits. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on the 3'd of Septemb er, 2074. This notice is given Pursuant to t]le provisions of Section 67 -6508, 67 -6509 and 67 -6571 Idaho Code- and all amendments thereof. DATED this 11'h day of August,2014. CITY OF REXBURG Publish: August 16 andAugust 30,207+ tt, , g[. a{ 'f Research Needed For: RPRRXBIOI9ROAD AIMAN & SMITH INVESTMENTS I I25 W AMITY RD BOISE,ID 83705 BEEHIVE BOOKSTORE INC I28I MEADOWVIEWAVE REXBURG,ID 83440 D & RDISTRIUTORS 156 N 200 E REXBURG,ID 83440 DAWSON GLENN E 205 N 3RD E REXBURG,ID 83440 ERICKSEN MICHAEL P O BOX 864 REXBURG,ID 83440 JATA LLC I32 S 3RD E REXBURG.ID 83440 MADISON SCHOOL DIST #32I P O BOX 830 REXBURG.ID 83440 MOUNTAIN WEST ENTRUST IRA FBO 10096 FAIRVIEW AVE STE 160 BOISE.ID 83704 { Research Nee"iled For: RPRRXfuO2OROAD lllf' .,'"' Rbsearch Needed For: RPRXBCAO2OROAD ,l -/D & R {s7fuurons156 N 20fr6 REXBUAG\ rD 83440 ,f\ BANK OF COMMERCE P O BOX 1702 IDAHO FALLS,ID 83403 BELL BLACK PROPERTIES LLC 237 N 2ND E STE lOO REXBURG,ID 83440 BARQUES LLC 1066 N YELLOWSTONE HWY REXBURG.ID 83440 BIRCH LARAE 205 WATERAPT ST #I2 SALMON.ID83467 D&R 156 N UTORS RE RG ND 83440 EAST CENTRAL IDAHO PLANNING & DEVELOPMENT 299 E 4TH N REXBURG.ID 83440 JACKSON LANAE 247 E2N REXBURG,ID 83440 LORDS JEAN 252E2N REXBURG.ID 83440 DYE DENNIS 242 E 2ND N REXBURG.ID 83440 HATHAWAY GREGORY A 2585E YELLOWSTONE HWY ST ANTHONY , ID 83445 LEWIS SCOTT RDDS PC 3OO N 2ND E REXBURG,ID 83440 MADISO*{DISTRICT #32I POBOX REXBUR PETERSON R & S COMMERCIAL PROPERTIES LLC P O BOX 3236 IDAHO FALLS,ID 83403 PINDER GLENN T C/O 822 DEERFIELD RD MURRAY, UT 84107 'z/ \, ./MADTSON SCFqpL DTSTR|CT #321 P O BOX 830 ./ 't--\ REXBURG.,ID 83440 '' PETERSqNR&S@MMERICAL PROPERTIES LL P O BOX 3236. TDAHO FAILS, tDr83403 RAWLINGS VENTURES LLC 625 AUTUMN CT REXBURG,ID 83440 PrNDE* o,[** , ",o822 DEEqTTELD RDMURRAY\Ery4r07 I: REALTY INCOME CORP P O BOX 460069 ESCONDIDO .C492046 SMITH DOUG FAMILY PROPERTIES LLC IOO9 LARCH DR REXBURG,ID 83440 UVENTA LAND & HOLDINGS LLC 256 N 2ND E REXBURG,ID 83440 SLAC LLC I33I BLUE RIDGE DR IDAHO FALLS ,ID 83402 STIRLING EMIT,Y LOU 262 E 2ND N REXBURG,ID 83440 WATSON DAVID M PO BOX 128 REXBURG,ID 83440 SMITH DEBRA 216 MOHAWK AVE REXBURG.ID 83440 TWJ INVESTMENTS LLC l6l N 2300 E ST ANTHONY , ID 83445 PIN OwnerName PrimaryContactHouseNumber RPRRXBlO]-9ROAD RPRRXBlO2OROAD RPRXBCAO2OROAD RPRRXB102O2350AIMAN & SMITH INVESTMENTS Y 1,L25 RPRRXBlO2LOO2I BANK OF COMMERCE Y 0 RPRRX81,0174690BARQUES LLC Y 1066 RPRRXB1016I46L BEEHIVE BOOKSTORE INC Y L28L RPRRXB10162881BELL BLACK PROPERTIES LLC Y 237 RPRRXBlO2OOT30BIRCH LARAE Y 205 RPRRXB1O2OO151D & R DISTRIUTORS Y 156 RPRRXBl-0201110D & R DISTRIUTORS l/156 RPRRXB1O2O159OD & R DISTRIUTORS Y 1_56 RPRRXB101748LODAWSON GLENN E Y 205 RPRRXBl.O2OOO9ODYE DENNIS Y 242 RPRRXB10175952 EAST CENTRAL IDAHO PLANNING & DEVELOPMENT Y 299 RPRRXBlO2OOOlOERICKSEN MICHAEL Y 0 RPRRXB10174330 HATHAWAY GREGORY A Y 2585 RPRRXB1017297O IACKSON LA NAE Y 247 RPRRXB10174380 IATA LLC Y L32 RPRRXB1O170653LEWIS SCOTT R DDS PC Y 300 RPRRXB].O2OOO2OLORDS JEAN Y 252 RPRRXB102O152OMADTSON SCHOOL D|ST #321 Y c RPRRXB1O201.471MADISON SCHOOL DISTRICT #321 Y c RPRRXBlO2O3OOOMADISON SCHOOL DISTRICT #321 Y 0 RPRRXB1O172911MOUNTAIN WEST ENTRUST IRA FBO Y 10096 RPRRXB102OOl.70 PETERSON R & S COMMERCIAL PROPERTIES LLC Y 0 RPRRXB1O2OO2l.O PETERSON R & S COMMERICAL PROPERTIES LLC Y 0 RPRRXB10174745PTNDER GLENN T C/O v 822 RPRRXB10174747PTNDER GLENN T C/O Y 822 RPRRXB101.6433ORAWLINGS VENTURES LLC Y 625 RPRRXB10172537 REALW INCOME CORP Y c RPRRXB10174743SLAC LLC Y 1331 RPRRXBl-0173750 SMITH DEBRA Y 2L6 RPRRXB102OO132SMITH DOUG FAMILY PROPERTIES LLC Y 1009 RPRRXBl.O2OOO5OSTIRLING EMILY LOU Y 262 RPRRXB101706T5 TWJ INVESTMENTS LLC Y 161 RPRRXB1O170655UVENTA LAND & HOLDINGS LLC Y 2s6 RPRRXB10174840 WATSON DAVID M Y 0 oo PredirStreetName StreetSuffix PostDirSecUnitUnitNumberCity State zip W AMITY RD BOISE ID 83705 PO BOX L702IDAHO FALLS ID 83403 N YELLOWSTONEHWY REXBURG ID 8344C MEADOWVIEW AVE REXBURG ID 8344C N 2ND E STE 10cREXBURG ID 8344C WATER APT ST fr12 SALMON ID 83461 N 20c E REXBURG ID 8344C N 20c E REXBURG ID 8344C N 20c E REXBURG ID 8344C N 3RD E REXBURG ID 8344C E 2ND N REXBURG ID 8344C E 4TH N REXBURG ID 8344C PO BOX 864 REXBURG ID 8344C E t/ELLOWSTONEHWY ST ANTHONY ID 83445 E 2 N REXBURG ID 8344C S 3RD E REXBURG ID 83444 N 2ND E REXBURG ID 83440 E 2 N REXBURG ID 83440 PO BOX 830REXBURG ID 83444 PO BOX 830REXBURG ID 83440 PO BOX 83CREXBURG ID 83440 FAIRVIEW AVE STE 16C BOISE ID 83704 PO BOX 3236 IDAHO FALLS ID 83403 PO BOX 3236 IDAHO FALLS ID 83403 DEERFIELD RD MURRAY UT 84LO7 DEERFIELD RD MURRAY UT 84LO7 AUTUMN CT REXBURG ID 83440 P O BOX 460069 ESCONDIDOCA 92046 BLUE RIDGE DR IDAHO FALLS ID 83402 MOHAWK AVE REXBURG ID 8344C LARCH DR REXBURG ID 8344C E 2ND N REXBURG ID 8344C N 230C E STANTHONYID 83445 N 2ND E REXBURG ID 8344C PO BOX L28 REXBURG ID 8344C SMITH DEBRA 216 MOHAWK AVE REXBURG,ID 83440 AIMAN & SMITH INVESTMENTS II25W AMITY RD BOISE.ID 83705 BEEHIVE BOOKSTORE INC I28I MEADOWVIEW AVE REXBURG,ID 83440 D & RDISTRIUTORS 156 N 200 E REXBURG,ID 83440 DAWSON GLENN E 205 N 3RD E REXBURG,ID 83440 ERICKSEN MICHAEL P O BOX 864 REXBURG,ID 83440 JATA LLC I32 S 3RD E REXBURG " ID 83440 MADISON SCHOOL DIST #32I P O BOX 830 REXBURG,ID 83440 SMITH DOUG FAMILY PROPERTIES LLC IOO9 LARCH DR REXBURG,ID 83440 REALTY INCOME CORP P O BOX 460069 ESCONDIDO , CA92O46 PINDER GLENN T C/O 822 DEERFIELD RD MURRAY, UT 84107 BANK OF COMMERCE P O BOX 1702 IDAHO FALLS,ID 83403 BELL BLACK PROPERTIES LLC 237 N 2ND E STE IOO REXBURG,ID 83440 MOTINTAIN WEST ENTRUST IRA FBO 10096 FAIRVIEW AVE STE 160 BOISE,ID 83704 DYE DENNIS 242 E 2ND N REXBURG,ID 83440 HATHAWAY GREGORY A 2585 E YELLOWSTONE HWY ST ANTHONY , ID 83445 LEWIS SCOTT RDDS PC 3OO N 2ND E REXBURG,ID 83440 UVENTA LAND & HOLDINGS LLC 256 N 2ND E REXBURG,ID 83440 STIRLING EMILY LOU 262 E 2ND N REXBURG,ID 83440 SLAC LLC I33I BLUE RIDGE DR IDAHO FALLS .ID 83402 RAWLINGS VENTURES LLC 625 AUTUMN CT REXBURG.ID 83440 BARQUES LLC 1066 N YELLOWSTONE HWY REXBURG.ID 83440 BIRCH LARAE 205 WATERAPT ST #12 SALMON ,TD 83467 PETERSON R& S COMMERCIAL PROPERTIES LLC P O BOX 3236 IDAHO FALLS,ID 83403 EAST CENTRAL IDAHO PLANNING & DEVELOPMENT 299 E 4TH N REXBURG.ID 83440 JACKSON LA NAE 247 E2N REXBURG,ID 83440 LORDS JEAN 252E2N REXBURG.ID 83440 WATSON DAVID M PO BOX 128 REXBURG.ID 83440 TWJ INVESTMENTS LLC l6l N 2300 E ST ANTHONY , ID 83445 NOTICE OF PUBLIC HEARING TO AMEND THE ZONING MAP FOR THE CITY OF REXBURG AND A CONDITIONAL USE PERMIT FOR TOO % RESIDENTIAL USE IN AN MU2 ZONE NOTICE IS HEREBY GIVEN that two Public Hearings will be held Thursdery, the 4'h of September, 2074 for the property located at237 East 2nd North: Public Heating #!: at7:05 P.M. N Ciqt Hall, 35 North 1,t East, Rexburg, Idaho, before the Planning and Zontng Commission of the City of Rexburg, Madison County, Idaho, to consider(#14 00346) to rezone the property fiom Community Business Center (CBC) to Mixed Use 2(a{u2). Public Headng #2: at7z20 P,M. befote the same Planning andZontngCommission for (#14 00347) to consider the same property requesting a Conditional Use Permit to allow 100 percent residential and zero percent commercial in a Mixed IJse 2 zone. Rezone and Conditional Use Petmit - Debra Smith Legal Description: Commencing zt a point 4 rods West of the SE corner of Lot 3, Block 1.7 , of the City of Rexburg, as per the recotded plat thereo{ and running thence North 15 rods; thence West 3 rods; thence South 6 rods; thence West 10 feet; thence South 9 rods, and thence East 3 rods 10 feet to the point of beginning. At such hearings the Planning and ZonngCommission will hear all persons and all objections and recommendations relative to such proposed permits. The City Clerk will also accept wrirten comments at City Hall ptior to 4:00 p.m. on the 3'd of Septemb e4 201,4. This notice is given pursuant to the provisions of Section 67 -6508, 67 -6509 and 67 -6571 Idaho Code. and. ai amendments thereof. DATED this 11'h day of August,201,4. CITY OF REXBURG Publish: August '1.6 andAugust 30,2A14 $j1:i:i%uF'pAil, S,rrrr?;;jN Blair D. IQy, City Cletk M$*$ --=E.- It{ I G, "g lt f.* + T i: :.]URG 'ommunity ;;.: l"ii Date: 0810812014 Receipt #: 2645 .il ii LU-PUB LU.RZNAPP ;..ii'i i"lt;;t :: r.,..i.it ...,, Debra Smith - Rezone 231 East 2nd North Permit #: 14-00346 Permit Type: tu-Rezone PZ PZ r'U\il,Us.,w, r " \,-. Land Use Rezone Application Fee AuG,0I ?oiA STAFF REPORT Phone: 208.359.3020 Fox: 208.359.3022 SURROUNDING LAND USES Retail businesses, restaurant, residential AND ZONING: Community Business Center, Medium Density Residential I APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 1026) Rezone Application File #14 00346 -.Debra Smith Debra Smith 216 Mohawk Ave. Rexburg, ID Same as Applicant The request is to rezone from community Business center to Mixed Use 2 237 East2nd North Rexburg, ID 83440 RPRRXB1O173750 Neighborhood Commercial/Mixed Use Community Business Center Mixed Use 2 $ 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,' Community Developmenl Deporlmenl 35 Norfh ld Eosf SUBJECT: APPLICANT: PROPERTY OWNER(S): PURPOSE: PROPERTY LOCATION: PROPERTY ID: OMPREHENSIVE PLAN: URRENT ZONING: PROPOSED ZONING: AUTHORITY: I. BACKGROUND The Rexburg Development Code allows for the Commission to make recommendations to the City Councilregarding whether or not the property should or should not be rezoned based on the criteria foundln section $6. r3. il. SITE DESCRIPTION The total area involved in this re-zoning request is identified as approximately 0.315 acres, which will result in changing the zone from Community Business Center (CBC) to Mixed Use 2 (MU2). , C}'f Y OF REXBTIRG.-_.,...... .cts/ A nteriett! Fa m ily {)o nrtnunity Case No. 14 00346 Page I if approved III. ANALYSIS If approved, this rezone will result in changing Light Industrial (LI) to Mixed Use 2. The request wouldrequire the Commission and City Council to review the proposal against one set of criteria, for the request torezone. Below, staff has provided all the criteria listed by Ordinani e 1026 (Development Code) that arerequired to be addressed, followed by staff s analysis of each criterion. Criteria Rezone Requests (96.13): o- Be in conformance with the City's Comprehensive PIan and the City Development Code. The Comprehensive Plan identifies this location as Neighborhood Commercial/Mixed-Use. MixedUse 2 is allowed in Neighborhood commercial/Ivlixed-Use. ' b. The capacity of existing public streets, water and sewerfacilities, storm drainagefacilities, solidwaste collection and disposal, and other utilities. The City Engineer did not have a concern. e. The capacity of existing public services, inctading but not limited to, public sflfety services,public emergency services, schools, and parks and recreationsl services. The City Engineer did not have a concern. d. The potentialfor nuisances or health and safety hazards that may adversely affect adjoiningproperties. Staff has reviewed and does not feel the change will have a negative effect. e. Recent chunges in lsnd use on adioining properties or in the neighborhood of the map revision. None f. Meets the requirements of the Comprehensive plun. See paragraph a. IV. STAFF RECOMMENDATION If the Planning and ZoningCommission determines that all of the criteria are met, Staff requests that thePlanning and Zoning Commission recornmend that the City Council process the requested zone change. Case No. 14 00346 Page2 Communily Development Deporlmenl Plonning & Zoning City of Rexburg Phone: 208.359.3020 www.rexburg.org Fax: 208.359.3022 CITY OF REXBURG c\' --*-'-- Ante ri ca s l:ant ily Community r [L 77'rT VVJJV - .VVUS Ur4JrLr - VV/ r rUrrLLr r\U4U UULU 77-lV\-/ Requesting a Conditional Use Permit to allow a Call Center in a Community Business Centet zone. Property Location: 669 Pioneer Road, Suite #100. 1.. The CUP application request was reviewed. There were no Fire Depatment concems. Community Developmenl Deporlmenl Plonning & Zoning City of Rexburg Phone: 208.359.3020 www.rexburg.org Fox: 208.359.3022 OFCI REXBURGc\r'-*..--"*- A nt e r i ca\ F am i lv Co mm u n i tv Public Works Staff Review Comments Rezone Aoolication- File #14 00346 - Debra Smith Requesting to change the zoning from Community Business Centet (CBC) to Mixed Use 2 OIU2). Property Location: 231East 2"d North 1. The Rezone application request was reviewed. There were no Public Works concerns. I www.rexburg.org Rezone APPlicqtion CitY of Rexburg Phone: 208.359.3020 Fox: 208.359-3022 Note:Apre-applicationconfetencewithstaffmayberequiredpriortothe Please complete this application' provide all suppoting documents' ano current zone: - qf',g. R.q.r.rt.d Zone" fvlltL A Application Informationnpprvalr"- ----f C .l_\_oiiu.^". behv". S-vt'ith - - -- lH; *Owner fl Purchaser ! Lessee Applicant's nafrY'*'Zr U "n't';h-*k Rv e cry#ii?' ffi Contact Petson (If different ftom above): E-Mail Address of Subiect ProPertY: J property Description (you must attachthe Lot, Brock & Subdivision name or recorded deed with a metes and bounds desctiPtion): Parcel Number:Towns Quarter: Mapping Depaftment must initial here to signi$ parcel verification: Publication Fee: $250'00'/' Rezone Fees: ilor,hunl u.re: $5oo.oo "/" ftlor.,ttr" \ acre',less than 5: $850'00 5 to 10 acres: $900'00 Total Fees Due: ' "lffi 'ot CITY OF Submlt bY E'mall 35 N. l'r E. Rexburg, ID 83440 REXBURGCS, ....-"..-..'----- Am eri ca's Fum ilY Con muni tY E-Mail: a-t,Se Over 10 actes,less than20 $1500'00 20 acres and over: $2500'00 Date of Notice: Date of Public Flearing: South: rt Developmentlnformation - r__-,^-\ -V| 1. Size of ProPertY 2. Howisthepropertynowused? O'S f estd€rr'\ irr-\ 3. How are the adioining propetties used? t North: C. o fvr fr,.€-r t c a\ East: West: 4.Arethereanyexistinglandusesinthegeneralateasl2,ilartolhept"p:t1d:tttJtJ:t:T^t{l' are they located? 5. 6. +\r\\ \- On what street(s) does the property t'^-" no"tugtl E O'* \ 7 n4 1A t rfk What use, building or structure is intended for the property? CL f ' F ) " Y rut<-*n\ V^ t^\ 7. Are water and sewer facilities, stfeets, fire and police presently serving this area? 8. Are City services adequate to serve any futute development proposed? @roposedtoaSSurethatpublicfaci]itiesandserviceswi1lbeadded?,,//A 10. Is the site large enough to accommodate the roposed uses,rking, and buffering required? 12. Any additional comments? Note: when an application has been submitted, it wili be reviewed 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 ^fi., unapplicatio.t has been accepted as complete' 1,. A formal trafftcstudy will be required for a rctatl,sales area more than 75,000 feet; schools for mote than 100 students; apartment complex with 50 apartments or more' , : 2. Before annexation, the person or fi.rm ^nntn"* for annexation will agree to certain things: curb and gutter, stfeets, slgnaflng,r-and s.wer, property sizing and location' they, and where 11. Is the areacurrently sub-divided or going to be sub-divided? rft a*' Signature of APPlicant:D*", 6 -t-/y Additional Submittal Requirements: The city of Rexburg requires the following information to be submitted to the Planning &zonng secretary for every application fot tezonef ot annexaflon: 1. current vicinity Map. (S 1/r" x 11") - showing,location and cuttent zonrngof the propefty' A map is available from the City plannin g and?onnE Oifi... Please indicate the location of yout property on the map. 2. Land Description. on a sepafatepage, attach a legal description of the actual pfopefty which you wish to have rezoned. ^. Description shall mathematically close' b. Descriptions shall be provided for the perimeter of the total arca for which a rezone is being ,.q.r"rt.d; and for ,^ih "on"(r.parut. zoning classifi.cation) within said request' All zone descriptions shall correspo.ra io tt " perimetJ description. besctiptions shall identi$' a basis of bearing based upon two(2) known points from which the desctiptions afe based' c. Descriptions provided may be required to be modifted by the upq!.1"t to include adiacent roads' canals, ditch.'r, ,irr.rr, .r..kr, etc. as may be identified by the Public works Department' 3. Photogmphs. Photos of existing site conditions' 4. Affidavit of Legal Interest. NOTE: No application wiil be accepted or processed without this form' Affidqvit of Legol Inlerest City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022www.rexburg'org State ofldaho Countv of Madison C\ r e. .\\ l \je-tr a O.'.. i *h Name B.i.g first duly sworn upon oath, depose and say: (If Applicant is also Ownet of Record' skip to B) A. That I am the record owner of the property described on perrilsslon to: Name to submit the accompanying application pertaining to that property' B.Iagteetoindemnifr,defendandholdRexburgCityanditsemployeesharmlessfromany claim or liability resulting from any dispute u. io ttr. statements- contained hetein or as to the ownership ",;t" p.op.r".y which is the subiect of the application. Subscribedandsworntobefotemethedayandyearfirstabovewritten. Residing at: My commtsslon exPres: OF REXBURG C\|t ------" Ame i ca's l;amilY (h mmunitY 35 N. l't E. Rexburg, lD 83440 zlb dl ",hnurk Av". Address the attached, and I grant mY Address .."\*[iffi#iz =--i i=t;;1'pryg Signature N"t"ty Public of Idaho QUTTCLAIM DEED THIS INDENTURE, made this Lt'*tof March' between Ethel Datrlberg' n/k/a Ethel Howard, of 10404 Leaf God, Las Vegas, Cotrnty of Clark, State of Nevada 89134, parry of the first part, and Debra smith, as her sole arrd separate property, the rents, issues, and profits to remain her sole and separate property, of zl6Mohawk, Rexburg, county of Madison' state of Idaho 83440, party of the second part' WITNESSETH: That the said party of the first part, fot and in consideration of the sum of $ I '00 and other valuable consideration, lawful money of the united States of America' to me in hand paid by the partyofthesecondpart,thereceiptwhereofisherebyacknowledged,doesbythesepresent remise, release and forever QUITCLAIM unto said party of the second part' and to her heirs and assigns, forever, one-half (%) of the following described real estate' situated in Madison county' State of ldaho, to-wit: Commencingatapoint4rodsWestoftheSEcorneroflot3,Block|7,of theCityofRexburg'aspertherecordedp|atthereof,andrunniugthence North t5 .J;;;;*f.. w"rt 3 rods; thence South 6 rods; thence west 10 feet; thence south 9 rods, and thence East 3 rods 10 feet to the point ofbeginning' Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions' remainder and remainders, and rents, issues and profits thereof; ToHAVEANDToHoLD,allsingular,thesaidpremises,togetherwiththe appurtenances, unto the said parry ofthe second part, and to her heirs and assigns forever' INWllNEssWHEREOF,thesaidpartyofthefirstparthashereuntosetherhandand seal the day and year first above written' h-7{-4 MlfrL*)A lnstrument # 353096 REXBURG, ITADISON, IOAHO il;-.d-' - oz:tt:10--iloot Pases: 2 Recorded lor : DEBRA MARILYN R. R QUITCLAIM DEED Ex4ficio Rocorder ;iry, lq-a$. -:^-s,, #l;# H<:use, c't\b *7 - 13 ft or*E * 42t tr €>l\t -6'-t{ ,r Alt fll O ^,"1^ ,. .^ ^ QUTTCLAIM DEED THIS INDENTURE, made this fi:Wof March, between Ethel Dahlberg, n/k/a Ethel Howard, of 10404 Leaf God, Las Vegas, Coturty of Clark, State of Nevada 89134' parfy of the first part, and Debra Smith, as her sole and separate property, the rents, issues, and profits to remainher sole and separate property, of 2l6Mohawk, Rexburg, County of Madison' State of Idaho 83440, party ofthe secondpart' WITNESSETH: That the said party of the first part, for and in consideration of the sum of $ I '00 and other valuable consideration, lawful money of the United States of America, to me in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, does by these present remise, release and forever QUITCLAIM unto said party of the second part, and to her heirs and assigns, forever, one-half (%) of the following described real estate, situated in Madison County, State of Idaho, to-wit: commencing at a point 4 rods west of the sE corner of Lot 3, Block 17 , of the city of Rexburg, as per the recorded plat thereof, and running thence North 15 rods; thence West 3 rods; thence South 6 rods; thence West 10 feet; thence south 9 rods, and thence East 3 rods 10 feet to the point of beginning' Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and rents, issues and profits thereof; TO HAVE AND TO HOLD, all singular, the said premises, together with the appurtenances, unto the said party ofttre second part, and to her heirs and assigns forever' IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seal the day and year first above written. Recorded for : DEBRA TIARILYI.I R. tt( h-T{-q ffi// ff{'d^'t-Y lnstrument # 353096 REXBURG, HADISON. IOAHO ,t-g-zOOS 02:11:10 llo- of PagPs:2QUITCLAIM DEED Ex-Officio Rocordel !t o\rs G. 42t tr clf\t -?'-t{ I nll fi,l Q ^.,\,^,. .- ^ QUITCLAIM DEED THIS INDENTURE, made this Z{a"t of March, between Ethel Dahlberg, n4rlaEthel Howard, of 10404 Leaf God, Las Vegas, County of Clark, State of Nevada 89134, panry of the first part, and Debra Smith, as her sole and separate property, the rents, issues, and profits to remain her sole and separate property, of 216 Mohawk, Rexburg, County of Madison, State of Idaho 83440, party ofthe secondpart. WITNESSETH: That the said paty of the first part, for and in consideration of the sum of $1.00 and other valuable consideration, lawful money of the United States of America, to me in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, does by these present remise, release and forever QUITCLAIM unlo said parlry of the second part, and to her heirs and assigns, forever, ane-half (%) of the following described real estate, situated in Madison County, State of Idaho, to-wit: Commencing at a point 4 rods West of the SE corner of Lot 3, Block 17, of the City of Rexburg, as per the recorded plat thereof, and running thence North 15 rods; thence West 3 rods; thence South 6 rods; thence West l0 feet; thence South 9 rods, and thence East 3 rods 10 feet to the point of beginning. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and rents, issues and profits thereof; TO HAVE AND TO HOLD, all singular, the said premises, together with the appurtenances, unto the said party ofthe second part, and to her heirs and assigns forever. IN WITNESS WI{EREOF, the said party of the first part has hereunto set her hand and seal the day and year first above written. lnstrument # 353096 R EXBURG, IIIADISON, TOAHO 4{-2009 02:11:1o llo. ol Pages:2 Recorded for : DEBRA UARILYN R. Ex-Officio Rocordor QUITCLAIM DEED :J,": Ft o\rs c. 23t E -f'-t{ N ? "xb u.n on6 ZNJ '" : :"li # :,:,I|f par:w r1"