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HomeMy WebLinkAboutAPPLICATION & DOCS - Stone, Samuel - 477 Yale - Rezone from LDR to LDR1p� J cQly V/ 2exlmrF STATE OF IDAHO Annexation/Rezone Application Note: A pre -application conference with staff and a pre -application neigh required prior to the submittal of this application. Contact City Hall at 3'. File Number: Current Zone: Requested Zone: Applicant Information Feer Cross Reference Files: P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359-3020 Fax (208) 359-3022 e-mail rexburg@srv.net meM afe5 2W2 for details. CITY OF REXBURG Applicant: 5AoY1tl,EL 1). STO&JE Phone: 396-4141 (Owner ❑ Purchaser ❑ Lessee Applicant's Address: 4 `I`I Ya i e Zip: 8 3(4 4 o Recorded Owner: �.t, Phone: Recorded Owner Address: SP r+ve FAX: 3 5-6 - —) 4 j,.5 Contact Person (If different from above): -- Phone: Address of Subject Property: LF1'1 ye It Mapping Department must initial here to signify address verification. Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): L. 0 } 5 1 d 13 i'n h \tic ►v:,��l3 Qf i- I Int 5 L1 efyJG�er1 iii: :, d ubyR u r`y; v.�l �,VrS�m,^� N9.�,r L�f� O Parcel Number: Quarter: Section: Township: Range: CdKn-+4, I101,',�2 0- r A5- pflc 71%eeCV4-4eJ Pll�tf `fl�eatr�. Development Information 1. Size of Property: Square Feet Or A cres 2. How is the property now used? Resi d evt ha 1 L DR 6,net l[ �:<`1M1�v 3. How are the North: South: East: West: Are there any yes, what are they, and where are th located? proposed use? 5. On what street(s) does the property have frontage? VA L Avyep Ae j1�' SPLA -4 6. Why are you requesting annexation in to the City of Rexburg? Aiiq. J 7. What use, building or structure is intended for the property? Ext;t,;y, s-- 8. What chan es have occurred in the area that justify the requested rezone? (hrrrBJ� K Gt J fow s±A&C1.0-M1 h ti 4 l Y'x � 9. WIII this zone change have an Impact on the schools? h n 10. Are water and sewer facilities, streets, fire and police presently serving this area? y G 5 11. Are .City services adequate to serve any future development proposed? v e 5 12. Will measur s be proposed to assure that public facilities and services will be added? /J%A 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required, according to zoning Ordinance #725? UCS 1 GX�j9 „Tgp�1�,_ -.15 4Ae1W&li 14. Is the area currently sub -divided or going to be sub -divided? Anc< 1s clread„ QGNG�CJ {)L G3 15. Any additional comments? Note: 1. When an application has been submitted,, it will be reviewed in order to determine compliance with application requirements, It will not be accepted if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 2. A formal traffic study will be required for a retail sales area more than 75,000 feet; Schools for more than 100 students; Apartment complex with 50 apartments or more. 3. Be ore annexation, the person or firm applying for annexation will agree to certain things: Curb and gutt ,streets, signaling, ater and sewer, property sizing and location. S Dee ©Q2 Signature of Applicant Date OFF/CE USE ONL Y Fee: S Check#: Or Cash: Date Paid: Date of Notice: Date of Public Hearing: Additional Submittal Requirements The City of Rexburg requires the following information to be submitted to the City Clerk for every application for annexation: 1. Current Vicinity Map. (8 % x 11 ") at 1" = 300' scale, showing location and current zoning of the property. Map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed on a separate page. A. Description shall mathematically close. B. Descriptions shall be provided for the perimeter of the total area for which annexation is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. C. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as may be identified by the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. AFFIDAVIT OF LEGAL INTEREST State of Idaho, County of Madison, City of Rexburg: (name) (address) b%(- 6 1 1\'-) ( y) (state) being first duly sworn upon oath, depose and say: 1. That I am the recordpwner of the property desscribed on the attached, and I grant my permission to f�J dA (name) (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Rexburg and it's 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 subject of the application. Dated this day of 20 zonas&� (Signature) SUBSCRIBED AND SWORN to before me this day and the year first above written. Notary Public for Idaho Residing at: My Commission Expires: (Seal) PROCESS OF ANNEXATION Properties subject to annexation must be contiguous or adjacent to City limits, with the exception of an airport. The process of an annexation application is as follows: 1. A pre -annexation hearing before the City Council: A. Owner should submit a letter requesting a pre -annexation hearing before the City Council. The letter must state the property owners name and address, request for annexation and land use intent, and proposed zoning; B. The property owner or representative must attend the Council meeting. 2. Application must include: A. A legal description of the property which plainly and clearly defines the boundary of a new district or municipality describes, by metes and bounds, a definite boundary of an area of land that can be mapped on a tax code area map. The legal description shall include: 1. Section, Township, Range and Meridian 2. An initial point, being a government surveyed corner, such as a section comer, quarter comer, meander comer, or mineral survey comer, 3. A tme point of beginning defined by bearings and distances from the initial point, that begins the new or altered district or municipal boundary; 4. Bearings and distances that continuously define an area boundary with a closure accuracy of at least 1 part in 5,000. Variations from closure requirements of this subsection may be approved when boundaries follow mountain ranges, rivers, lakes, canals,. etc. 5. The legal description shall include all portions of highways lying wholly or partially within the annexed area. B. Proof of ownership of land C. A draft -like drawing of the layout of property, or a record of survey, as defined by IC, Title 55, Chapter 19, which matches the legal description. D. All property owners names and addresses within a radius of 300 ft. of the property. E. Fees must accompany application. NOTE: Upon acceptance of the application, the developer/owner shall post the property described in the application no later than one week prior to all public hearings before Planning and Zoning and City Council. 67 PREPARATION OF ANNEXATION 1. All required information is received and accepted by the City Clerk or appropriate staff. 2. After pre -annexation hearing a public hearing is set before the Planning and Zoning Commission as provided for in IC 67-6509; Transmittals sent to proper entities (power, water, sewer, highway districts, etc.) 4. Property owners within a radius of 300 ft. of the boundaries of the proposed annexable property noticed. If there are 200 or more property owners alternate forms of procedures will provide adequate notice and may be used in lieu of mailed notice. (IC 67-6512); 5. Letter is sent to applicant advising them of the time and date of the hearing, Planning and Zoning public hearing takes place and. findings of the hearing @Lre prepared; 7. After the acceptance of the findings by Planning and Zoning, Council public hearing. date is set and published; Following the Council hearing, the Council shall concurrently or immediately amend the Comprehensive Plan and Zoning Ordinance (IC 67-2525); 9.. UPON PASSAGE OF ANNEXATION AND ZONING BY COUNCIL: A. Certified copies of the ordinance shall be filed with the County Assessor, County Treasurer, and State Tax Commission. The County Recorder must receive the original (certified) for recording no later than 10 days following the effective date of annexation (50-223) B. Certified copies must include the executed ordinance, a legal description, and a map. C. A summary of the annexation and zoning ordinance is published in the official newspaper of the city, D. Three copies of the ordinance retained on file in City Hall. 10. The City boundary map is changed to reflect the annexation and zoning. 11. A formal Annexation Agreement will be developed between the City of Rexburg and the Developer prior to Annexation. M CITY OF REXBURG, MADISON COUNTY, IDAHO PART of the NW 1/4 of the SW 1/4 of SECTION 29, T.6 N., R. 40 E., B. 399.50']60.00'QI EAST Q iO O I RO 1 SORENSENOAO°ITION @ l O3 OI O4 j r Ap° _ r----1------------ •' EAST ° 60' -220.0' �^ m on V n p tlm EAST z �< 49.5' '0 I' O ='n ' Op•f. I ]6 pq^ ry EAST 379,5' H • °O y E ' __ .... _. r„i rb 175' �.i O WEST E 2' ' • G oM 2S' 2S I o T O 0 w ry y Cyte.., 'J.%f i q KO >2.O n O ! SR 2000°'. Jc. 00 6 .'l w 19 85 c -"72 ° `0 �.,a• r '\`".,. Z. �� ss•/ LEGEND E.°-, s o• ! 0 1/2" IRON ROD Q a, 6y N �9y G6°'>"e B• '''\\\\\\ J c J>.. O 5/8 IRON ROD 13 mi i6� 9'S�JS hh� f !/ \I, Jl 0 POINT OF BEGINNING ' N / p m +J f' "'� 2 BLOCK NUMBER i 90 LOT NUMBER F' 016/J� 01s JJm. o TL°r �1a 2 © CURVE NUMBER ® 5 / 1T/ T' < '1 N. y O ' f Ob ® n'_ m T 96.6T'� ��la •, 0 CA]EMENT GINE 25'—' �•�gy O ..w--_ WATER LILAC 5'-6= 4. pJ. \Oq°/yiy(i • e •u", 0� 3'�j rc� 1 ..85 0:..... z m.. \I y, ;y 06 NOTE ALL EASEMENTS 10' UNLESS OTHERWISE NOTCO. QHop'5; 6]'Epi• !.otiI --S -6°'7p 17 i "�>:I ti I/fW r®1y6/2 9p3(te�0' pT/9I _a \1h2 TB Ibj900' O .1L..M/. tiOEAST 05.95 @ .Iu ro B �z(9) 01„ EAST 5799)..� 14 VV - 1 09�900 1155'., 30 79.99lr� ' _"•/o „ c EAST 305 13 1U�_'-_'. _a50_ ... .._-__-_ -r 57950_., 131,23Ne 252TC ® —.. 9. 70 Fy Sin SOUTH WEST 89'1 50' �— This plat is made for location 1T HARPER—MORGAN 8 ASSOCIATES purposes Only, no liability is -5A 1 eEACRFooT, loANo assumed hereto for any .o 1A 5' ® 3100' 56.6 ' 9860 -9860 ”' 98.60 "-""""'"987 EAST 755' 90.70: 9Oar 90.23' 0 o rv� G tl tltl _ tltl �p z i z YS'/25'1 go' WEST 89'1 50' �— This plat is made for location 1T HARPER—MORGAN 8 ASSOCIATES purposes Only, no liability is -5A 1 eEACRFooT, loANo assumed hereto for any .o t'D =� .e C ' 9860 -9860 ”' 98.60 "-""""'"987 WEST 89'1 50' �— This plat is made for location 1T HARPER—MORGAN 8 ASSOCIATES purposes Only, no liability is -5A 1 eEACRFooT, loANo assumed hereto for any 3 December 2002 Mr. Winston R. Dyer, Chair Planning and Zoning Commission City of Rexburg 12 North Center Street Rexburg, Idaho 83440 Dear Mr. Dyer: COPY Sam and Shari Stone have informed me that they submitted an application for a zone change for their property (477 Yale) from LDR to LDR1. As president of the Third East Neighborhood Association, I am writing in support of this temporary zone change in order to bring the current uses of the property into compliance with city ordinances. This support may seem contrary to our association's simultaneous application for a neighborhood zone change from LDR1 to LDR, but let me explain my rationale. The motivation behind our request to change the neighborhood to LDR is to prevent any further basement apartments from being created. The proliferation of such apartments in our neighborhood would make the area attractive to absentee landlords, which we would like to avoid. Nevertheless, we are only interested in preventing future apartments, not in abolishing any existing apartments. Consequently I am in support of any effort to bring current apartments into compliance. As the Stone's apartment currently exists in an LDR zone, and a temporary change to LDR1 would allow them to apply for a conditional use permit, we are in favor of their application. Once the property was in compliance we would include it in our application to rezone to LDR and the apartment would be grandfathered in. This may seem like a complicated way to solve the problem of an existing apartment, but I feel it is in the best interests not only of the Stones but also of the neighborhood as a whole. Thank you for your time and consideration. David Pulsipher President, Third East Neighborhood Association �CBUJ?O P.O. Box 280 m/ex Ydury 12 North Center Street u ? !/ 11/ Rexburg, Idaho 83440 n OF IDAHO Phone (208) 359-3020 STATE Fax (208) 359-3022 AQ(ISIA e-mail rexburg@srv.net January 21, 2003 F" l L (-l'% Samuel Stone, et. al. 477 Yale Rexburg, ID 83440 RE: Compliance Date Extension Dear Mr. Stone: The Rexburg City Planning and Zoning Department has considered your request and agrees to allow the date of your compliance to be extended to May 1, 2003. This is with the understanding that you will vacate the apartment in question and maintain ongoing compliance with the current zoning ordinance. A city enforcement officer will verify compliance directly with you on or about May 1, 2003. Full compliance must be verified at that time or the City will issue a citation for said violations. Again, I would encourage you to call and arrange an exact time so that compliance might be verified when you personally would be able to be there. The City appreciates your willingness to be in compliance with the current zoning ordinances. If you have any questions please do not hesitate to call me at (359-3020 ext. 323) or Stephen P. Zollinger the City Attorney (ext. 316) at your convenience. Sincerely, Kurt L. Hibbert Planning and Zoning Administrator cc. Stephen P. Zollinger, City Attorney, City Police January 9, 2003 Planning and Zoning Commission/City Council City of Rexburg 12 North Center Street Rexburg, ID 83440 Ladies and Gentlemen: We have been requested by the Planning and Zoning Commission to cease renting our apartment and come into compliance with the City ordinance by February 7, 2002. We are committed to achieve compliance with the ordinance, but on behalf of the renters in our apartment, we ask that the compliance date be extended until May 1, 2003. This will allow a more reasonable time frame to find living quarters, particularly to allow for the semester break when currently occupied places will open up. Please accept our apology for the misunderstanding and lack of communication regarding this non-compliance. We appreciate the efforts put forth by all of you in dealing with the growth pressures our community is experiencing. We express our hope to exert a positive and helpful influence toward the imminent changes. Sin erely, Samuel an ari Stone 477 Yale Ave Rexburg, ID cc: Kurt Hibbert January 9, 2003 Planning and Zoning Commission/City Council City of Rexburg 12 North Center Street Rexburg, ID 83440 Ladies and Gentlemen: We have been requested by the Planning and Zoning Commission to cease renting our apartment and come into compliance with the City ordinance by February 7, 2002. We are committed to achieve compliance with the ordinance, but on behalf of the renters in our apartment, we ask that the compliance date be extended until May 1, 2003. This will allow a more reasonable time frame to find living quarters, particularly to allow for the semester break when currently occupied places will open up. Please accept our apology for the misunderstanding and lack of communication regarding this non-compliance. We appreciate the efforts put forth by all of you in dealing with the growth pressures our community is experiencing. We express our hope to exert a positive and helpful influence toward the imminent changes. Sin/c�ely, Corel y r Samuel and Shari Stone 477 Yale Ave Rexburg, ID cc: Kurt Hibbert V 0 0 U P.O. Box 280 Q a Q . o Q l y 0'CJ/ eX �lD /ul7%°7 12 North Center Street /// U (/ Rexburg, Idaho 83440 Phone (208) 359-3020 STATE OF IDAHO Fax (208) 359-3022 4BlISHEO e-mail rexburg@srv.net January 3, 2003 Samuel Stone, et. al. 477 Yale Rexburg, ID 83440 Dear Mr. Stone: The Rexburg City Planning and Zoning Commission have taken action on your rezone request at their meeting on December 19th, 2002. The decision of the commission was to deny your request. You may request a copy of the meeting minutes from the City Clerk as soon as they are completed. Therefore, as per the City ordinance, you must cease and desist rental of your apartment. A city enforcement officer will verify compliance directly with you on or about February 7th, 2002. Full compliance must be verified at that time or the City will be forced to issue a citation for said violations. I would encourage you to call and arrange an exact time so that compliance might be verified when you personally would be able to be there. The City appreciates your willingness to be in compliance with current zoning ordinances. If you have any questions please do not hesitate to call me at (359-3020 ext. 323) or Stephen P. Zollinger the City Attorney (ext. 316) at your convenience. Sincerely, �, 1 / Kurt L. Hibbert Planning and Zoning Administrator cc. Stephen P. Zollinger, City Attorney, City Police November 6, 2002 Samuel Stone, et. al. 477 Yale Rexburg, ID 83440 Dear Mr. Stone: �///]7(� P.O. Box 280 Q a y01 ..i' g, p x l a l� y 12 North Center Street (/ �/ Rexhurn. Idahn a344n Phone (208) 359-3020 STATE OF IDAHO Fax (208) 359-3022 e-mail rexburg@srv.net The City has received your letter dated November 11, 2002. Contrary to your claims, there is no confusion as to the zoning of your property as indicated in your letter. Please refer to the enclosed zoning map. This property was discussed previously with Planning and Zoning as well as the Building Department and —i Ing has been A 4 :�b, clear since before construction of your home. © 2 You have documented in your letter that you "have no intentions' £ O-Ci'*i o leave your illegal apartment. Your letter documents your willful violation of T 0 Please understand that failure to come into compliance is consider -ry s S ,eanor offence under the City Code and the City fully intends to enforce this zon p t— sem\ You have been given notice as per City ordinance that you must c -A .4" Pt• said apartment effective immediately. You should also realize that each day thaw (, H Ibrl°v t official notice (November 9h, 2002) can be considered a separate and additional misdemeanor orrence. Maximum penalty for a conviction on each misdemeanor charge is in jail. As originally stated, a city enforcement officer will verif December 9th, 2002. Full compliance will be attained I violations. If you have any questions please do not hesitate to call I Administrator (359-3020 ext. 323) or Stephen P. Zollin. convenience. an Sincerely, L THE CITY OF REXBURG ith you on or about F ill issue a citation for said r d ring and Zoning A. 316) at your V1 4 S cc. Stephen P. Zollinger, City Attorney, Kurt L. Hibbert, Planning and Zoning Administrator, City Police O�P�ceUgG'O ge(ISHEO November 6, 2002 Sam and Sherri Stone 477 Yale Rexburg, ID 83440 Dear Mr. and Mrs. Stone: STATE OF IDAHO P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359-3020 Fax (208) 359-3022 e-mail rexburg®srv.net It has been brought to the City's attention that you have been renting an apartment in your home that is not allowed under the City of Rexburg Zoning Ordinance. Your home is located in an LDR zone which specifically precludes the creation of and/or rental of an apartment unit. You are hereby given notice as per the ordinance that you must cease and desist rental of said apartment effective immediately. Failure to do so will be considered a misdemeanor offence under the Code and the City hereby declares intent to enforce all apartment zoning violations. A city enforcement officer will verify compliance directly with you in approximately 30 days. Full compliance must be attained by that time or the City will issue a citation for said violation. -This is the only notice you will receive - If you have any questions about this notice please do not hesitate to call Kurt L. Hibbert the Planning and Zoning Administrator (359-3020 ext. 323) or Stephen P. Zollinger the City Attorney (ext. 316) at your earliest convenience. Sincerely, THE CITY OF REXBURG cc. Stephen P. Zollinger, City Attorney, Kurt L. Hibbert, Planning and Zoning Administrator November 11, 2002 Mayor Bruce Sutherland City of Rexburg P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Dear Mr. Mayor: We are in receipt of a letter dated November 6, 2002 indicating it has been brought to the City's attention that we are renting an apartment in our home and that we will be cited for a violation of City Code. This letter will hopefully provide clarity on several issues. We have a non -relative young married couple, Jeremy and Melissa Gauruder, living with us. We are sponsoring Melissa to gain citizenship into the United States and as such we are assuming financial and legal liability/responsibility for them. Given the shortage of housing in Rexburg we have no intentions of asking them to leave until they move from our community several months from now, as planned. We hope the City will understand this special and unique circumstance. 2. There seems to be confusion on the zoning of our property. A previous letter (March 20, 2002) from the City stated that we are in an LDRI zone. We understand the current zone is LDR. However, there are documents that show previous zoning of our property to be equivalent to the LDRI zone. Additionally, the restrictive covenants of the Sherwood Hills subdivision agree with LDRI rather than LDR in that apartments are specifically allowed. When the re -zoning took place, circa 1994, most of the Sherwood Hills subdivision was zoned LDRI and a small part LDR. This appears to be an aberration to common zoning practices, particularly given the small lot sizes and the "pocket" of LDR zone surrounded on three sides by LDRL Also, property zoned HDR is less than 200 feet away, a situation quite unique and undesirable for an LDR zone. This may provide cause to dispute the validity of the LDR zone for our property. Perhaps the Planning and Zoning Commission should revisit the zoning of the Sherwood Hills subdivision area and reduce some confusion. Mayor Bruce Sutherland November 11, 2002 Page 2 The City could improve its professionalism and credibility by using correct legal names. Our names are correct on the public record. We kindly suggest in the future the City could do some verification before sending out letters with names misspelled. Sincerely, The Stones 477 Yale Ave Rexburg, ID 83440 cc. Stephen P. Zollinger, City Attorney, Kurt L. Hibbert, Planning and Zoning Administrator December 9, 2002 e P.O. Box 280 Q1l y (l� 0/ J?exulof�%/ 12 North Center Street �/ �/ Rexburg, Idaho 83440 Phone (208) 359.3020 STATE OF IDAHO Fax (208) 359-3022 e-mail rexburg®srv.net MEMO TO: Stephen Zollinger, Rexburg Police Department RE: Sam and Sherri Stone Apartment 477 Yale Rexburg, ID 83440 ���� FROM: Kurt Hibbert, Planning and Zoning Administrator ?k�. L Mr. Stone is actively working on a Rezoning Request with the City to bring his apartment into compliance with zoning requirements. I have communicated with him that the City would defer taking action on his apartment violation until said zoning request is acted upon. In the event that the request is denied he would immediately need to vacate the apartment. Please defer issuance of a citation to Mr. Stone until further notice. April 9, 2003 Samuel Stone, et. al. 477 Yale Rexburg, ID 83440 RE: Compliance Date Extension Dear Mr. Stone: P.O. Box 280 12 N o rth 0 e nter Street Raxhurn Idnhn RUM Phone (208) 359-3020 STATE OF IDAHO Fax (208) 359-3022 e-mail rexhurg(psmnet The City Planning and Zoning Department has considered your request and agrees to allow the date of your compliance to be extended to June 30, 2003. This is with the understanding that you will vacate the apartment in question and maintain ongoing compliance with the current zoning ordinance. A city enforcement officer will verify compliance directly with you on or about July 1, 2003. Full compliance must be verified at that time or the City will issue a citation for said violations. Again, I would encourage you to call and arrange an exact time so that compliance might be verified when you personally would be able to be there. The City appreciates your willingness to be in compliance with the current zoning ordinances. If you have any questions please do not hesitate to call me at (359-3020 ext. 323) or Stephen P. Zollinger the City Attorney (ext. 316) at your convenience. Sincerely, �7�� Kurt L. Hibbert Planning and Zoning Administrator cc. Stephen P. Zollinger, City Attorney, City Police