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HomeMy WebLinkAbout18-00123 Annexation DocumentsAnnexation & Rezone Application •`_ „ rs City of Rexburg n EXB tRC `` It V 35 North N East Phone: 208.359.3020 "p1 �`°•"�` � °'.°. Rexburg, ID 83440 www.rexburg.org Fax: 208.359,3022 To annex, the land must be contiguous or adjacent to the city limits and lie within the city's area of impact. Note: A pre -application conference with staff and a pre -application neighborhood meeting, are required prior to the submittal of this application. Please contact Planning and Zoning for details. Rezone Fees: E Lvj E I VI E D Annexation Fee: $250.00 Less than 1 acre: $500.00 D Publication Fee: $300.00 More than 1 acre, less than 5: $850.00 MAR 1 3 0018 Rezone Fee: $ 5 to 10 acres: $900.00 Over 10 acres, less than 20: $1500,00 Total Fees Due $ 20 acres and over: $2500.00 Fee(s) Paid: Yes/No Please complete this application, provide all supporting documents, and submit it to the Planning and Zoning Department. ❑ Current Vicinity Map. (8'/8' x 11") - showing location and current zoning of the property. A map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. ❑ Property Description -Attach a metes and bounds description describing the overall area to be rezoned. o Description shall mathematically close. o Descriptions shall be provided for the perimeter of the total area describing overall area to be annexec and for each zone (separate zoning classification) within said request. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. o Shall mciude all portions of hhil lying whouy or partially wttmn the annexed area. ❑ Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. ❑ Four (4) copies of the application and all supporting documents will be needed ❑ Digital copy (pelf) of application & supporting documents emailed to Planning & Zoning Contact Information (� Applicant: ICi'X,LIAL lA Phone: � �Z-(i`b� 3r,9 Applicant's Address: 3� N . E , City/ST/Z (-2 X, L (t ro, ..LD `b 34i LLQ E -Mail: tdU.t) aLA 4C, . G rn ,re r` 40. re1C6l .rn . D r -LI Recorded Owner': N)C)�' Recorded Owner's Address: Email: Phone: 'ST/Zip: L2l t-rc b -6-MLA-6 Property Description Address of Subject Proper Parcel Number: PI Quarter: Section: Township: Range: On what street(s) does the property have frontage? U niW r s f is 8 LVot . a Development Information 1. Size of Property 3,DLG + 1,'4 �•arc FOR, (or) �i , (o� Acres 2. How is the property now used? ©1( it ctro � P t.� `ti 3. How are t Nord South East: West: Annexation 4. Why are you requesting annexation into the City of Rexburg? JO CQAa,4— u f r A tgA.+tsi o ',f An a 5. Will this annexation have an impact on the schools? 6. Will measures be proposed to assure that public facilities and services will be added? Rezone Current Zone Requested Zone 7. Are there any existing land uses in the general area similar to the proposed use? If yes, what are they, and where are they located? 8. What use, building or structure is intended for the property? 9. Are water and sewer facilities, streets, fire and police presently serving this area? 10. Is the site large enough to accommodate the proposed uses, parking, and buffering required? 11. Is the area currently sub -divided or going to be sub -divided? Any additional comments? Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will only be processed if the application is complete and fees are paid. A hearing date will be scheduled only after an application has been accepted as complete. Application must be filed 21 days before a hearing to appear on the next Planning and Zoning agenda. 1. A formal traffic study may be required at the request of the Planning and Zoning Commission. 2. Before annexation, the person or firmapplZ'qx annexation will agree to certain things: curb and gutter, streets, signaling, water and sewe per Zan, ocation. Signature of Applicant: $*r. Date: 13 MAX(,14 201 Z Tawnya Grover From: Tawnya Grover Sent: Tuesday, March 13, 2018 11:45 AM To: Deborah Lovejoy Subject: FW: Annexation descriptions Replacing earlier legal description All of the land not currently within the Rexburg City limits, lying within the area described: Northwest Quarter and the North half of the Southwest Quarter of Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho. Tawnya Grover P&Z Administrative Assistant Cihj of Rexburg 208.359.3020 ext. 2175 From: Tawnya Grover Sent: Tuesday, March 13, 2018 9:10 AM To: Deborah Lovejoy <Deborah.Lovejoy@rexburg.org> Subject: FW: Annexation descriptions From: Tawnya Grover Sent: Tuesday, March 13, 2018 8:44 AM Subject: Annexation descriptions Norma Lee Harris: Commencing at a point 77.59 feet North and 208.95 feet East of the SW corner of the Southwest Quarter of the Northwest Quarter, Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running hence East 252 feet; thence North 245.41 feet; thence West 252 feet; thence South 245.41 feet, to the point of beginning. Thomas Petroleum (Berry): Beginning at the Southwest corner of said Section 36; thence North 0°24'42" West for a distance of 2717.59 feet; thence North 89°56'42" East for a distance of 460.95 feet to the True Point of Beginning; thence North 89056'42" East for a distance of 462.00 feet; thence North 19°33'48" East for a distance of 293.92 feet; thence South 89056'42" West for a distance of 560.68 feet; thence South 0003'18" East for a distance of 276.88 feet to the True Point of Beginning. Tawnya Grover P&Z Administrative Assistant Cihj of Rexburg 208.359.3020 ext. 2175 a a c O € g F MI ro v a F m 2' `o >a G m m m b = rn ENOS w y io v ®D13 a Mcm ° v 3 ❑ Z o i Z ADO 4slysn 2 0 N N t E t p c 1L- v N f W 1 V j N O i; LL r Y O E. a � m v a c � 7 o 4rc I I o KiM � ydj r is Y m v THIS IS TO RE RECORD INSTRUMENT 374835 OUXICLAW DEED THIS INDENTURE, Made this day of September, 2012 between Jerry W. Harris, of 3764 North Salem Road, Rexburg, Idaho 83440, the party of the first part, and Norma Lee Harris, of 1556 West 7800 South, Rexburg, Idaho 83440, the party of the second part, WITNESSETH, that the said party of the first part, for and in consideration of the sum of One and No/100 Dollars, lawful money of the United States of America, and other valuable consideration, to him in hand paid by the party of the second part, the receipt of which is hereby acknowledged, does by these presents remise, release and forever QUITCLAIM, unto the said party of the second pari, and to her heirs and assigns, forever, as her sole and separate property with the income, rents, issues and profits, to be and remain her separate property, all the following described real estate, situated in the County of Madison, State of Idaho, to -wit: Commencing at a point 77.59 feet North and 208.95 feet East of the SW comer of the Southwest Quarter of the Northwest Quarter, Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running heace East 252 feet; thence North 245.41 feet; thence West 252 feet; thence South 245,41 feet, to the point of beginning. TO HAVE AND TO HOLD, all and singular, the said premises, together with the appurtenances, unto the said party of the second part, and to her heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand the day and year first above written. QUITCLAIM DEED — page 1 DGHerrIzJerry.QCD4 /k J Instrttrrtent # 377730 REXBURG. MADISON, IDAHO 10.1-2012 02:08:08 No. of Pages: 2 Recorded for :RICK HARRIS KIM H. MUIR Fee: 13.00 Ex-oflloo Recorder Deputy STATE OF IDAHO, ) ss. County of Madison. ) On this 2 7 day of September, 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerry W. Harris, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set nay hand and affixed my official seal the day and year on the certificate first above QUITCLAIM DEED — Page 2 0CgUrris1erry.QCD4 3S'CHADtI, toUllsb ;S OF %04 idea at. j Commission Expires: 4f IJ 5l' e l � Microfile No. 412912 25 DAY Oct 2017 At 03 O'Clock 40 PM KIM H. MUIR MADISON CO RECORDER Fee $15.00 Deputy Recorded of Request of ALLIANCE TITLE - IDAHO FALLS OFFI Return To: DuPree Stewart Taylor ,& Moms P.O. Box 723 Rexburg, Idaho 83440 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That THOMAS PETROLEUM, LLC, a Texas limited liability company (herein "Seller"), in consideration of Ten and No/100 Dollars and other valuable consideration, in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell and convey unto Berry Properties LLC, an Idaho limited liability company (herein "Purchaser"), whose mailing address is P.O. Box 28, Tetonia, Idaho 83452, the following described real property situated in Madison County, Idaho to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF together with all improvements thereon and the appurtenances thereunto belonging, and warrants the title to the same against any and all acts, conveyances, liens and encumbrances affecting such property made or suffered to be made or done by, through or under Purchaser, but not otherwise, and together with all right, title, interest and estate in and to oil, gas and other minerals in and under the land, if any, not previously reserved or conveyed of record. TO HAVE AND TO HOLD said described premises unto the said Seller, its successors and assigns forever. SUBJECT TO existing zoning, easements, rights-of-way, restrictions, mineral conveyances and reservations of record. EXECUTED AND DELIVERED this.)a day of f'kAcAX,— 2017. THOMAS MTROIAF/04, LLC, M Dennis J. Caisidy-fr., President and CEO of Maxum Enterprises, LLC, its Sole Member 412912 STATEOFgS COUNTY OFA____ ACKNOWLEDGEMENT j SS. This instrument was acknowledged before me, the undersigned, on this 4 �> day of October, 2017, by Dennis J. Cassidy Jr, Presiden and CEO of Maxu Enterprises, LLC. Notary Public My commission expires: ,••":w�°��"' TERESA S. LIVINGSTON oi= Notary Public, Stole of Texas o s•:'+r My Commission Expires a ' July 19, 2019 412912 EXHIBIT "A" 369139 Tract 1: Bonneville County — Idaho Township 2 North, Range 38 East of the Boise Meridian, County of Bonneville, State of Idaho. Section 7: Beginning at a point that is South 0°03'OT'West 795.67 feet along the Section line from the West Quarter Corner of said Section 7, said point being on the Southerly right-of-way line of the Union Pacific Railroad which is 50 feet perpendicular in a Southwesterly direction from the center line of said Railroad right-of-way; and running thence South 62156'08"East 217.05 feet parallel to and 50 feet Southwesterly from said Railroad center line to a point in the Northerly right-of-way line of City Canal, that is 30 feet Northerly, measured at right angles, from the center line of said City Canal; thence South 50053'48"East 263.90 feet along said Northerly right-of-way line to a point in the Northerly right-of-way line of the Fairview - Anderson Street Exchange; thence South 70031'02"West 388.42 feet along said Exchange right- of-way line; thence North 49019'26"West 42.49 feet to the West line of said Section 7; thence North 0°03'07"East 367.06 feet along said Section line to the Point of Beginning Tract 2: Madison County, Idaho. Ahat portion of the Southwest Quarter Northwest Quarter of Section 36, Township 6 North, Range 39 East Boise Meridian, Madison County, Idaho, more particularly described as follows: Beginning at the Southwest corner of said Section 36; thence North 0°24'42"West for a distance of 2717.59 feet; thence North 89°56'42"East for a distance of 460.95 feet to the True Point of Beginning; thence North 89°56'42"East for a distance of 462.00 feet; thence North 19°33'48"East for a distance of 293.92 feet; thence South 89°56'42"West for a distance of 560.68 feet; thence South 0°03' 18"East for a distance of 276.88 feet to the True Point of 412912 NOTICE OF PUBLIC HEARING FOR AN ANNEXATION IN THE REXBURG IMPACT AREA IN THE CBC ZONE FOR THE CITY OF REXBURG Public Hearing: May 2, 2018 at 7:00 pm to be held before the Rexburg City Council, in the City Council Chambers of the City Building at 35 North 1" East, Rexburg, Idaho, to Annex the property in the Impact Area at 1130 and 1138 University Blvd in a Community Business Centex (CBC) into the City of Rexburg for file (#18 00123). The zone will remain Community Business Center (CBC). Legal Descrintion: All of the land not currently within the Rexburg City limits, lying within the area described: Northwest Quarter and the North half of the Southwest Quarter of Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho. At such hearing the City Council will hear all persons and all objections and recommendations relative to such proposed annexation. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on May 1, 2018. This notice is given pursuant to the provisions of Section 67- 6508, 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 16°i day of March, 2018 Publish: March 27", 2018 and April 24", 2018 Attachment: Map CITY OF REXBURG e oxah Lovejoy, City Cl % 1130 & 1138 University Blvd. May 2nd Streets Parcels M Proposed Mnmabw CITY OF REXBURG America's Family Community Community Development Department Planning & Zoning 35 North 1=t East Rexburg, ID 83440 (208) 359-3020 Land Use - Annexation Application Status: Pending Application Number: 18-00123 Purpose: The purpose is to clean up unannexed islands within city limits Applicant Details 1130 & 1138 University Blvd - Annexation Applicant: Rexburg City Hall Address: 1130 & 1138 University Blvd Application Reviewed Date: 03/13/2018 Property Owner NORMA HARRIS LIVING TRUST 721 Johnson Street Rexburg, ID 83440 BERRY PROPERTIES LLC, P.O. Box 28 Tetonia, ID 83452 Property Details Parcel Size : 4.65 acres PROPERTYID LOCATION RP06N39E361241, RP06N39E360438 I 1138 University Blvd, 1130 University Blvd Authority § 6.13 M 'The Commission may rewmmend that the amendment be granted as requested, that it be modified, or that it be denied" City Staff Reviews Ready Team Meeting COMPLETED 03/13/2018 GIS -Boundary Review COMPLETED 03/13/2018 PZ-Neighboring/Similar Proiects Review COMPLETED 03/20/2018 * How does the proposed change achieve or further promote the overall objectives of the comprehensive plan? This area was left in an island and not part of the City. The application cleans up this area. PW -Supporting Infrastructure Review COMPLETED 03/21/2018 * Can storm drainage requirements be addressed? All storm drainage will be handled on site * Will the added traffic for this parcel stress the existing public streets? The state has funding to improve the interchange in 2024. Report Date: 04/04/2018 3:47 pm Page 1 of 1 Community Development Department STAFF REPORT 35 North 10 East valc@rexburg.org Phone: 208.359.3020 x2324 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 SUBJECT: APPLICANT: 19'10 W DI 111 Y'WWAI/Ci DI R PURPOSE: PROPERTY LOCATION: PROPERTY ID: COMPREHENSIVE PLAN: ZONING DISTRICT: �It/TNKeitill I) 117 Annexation #18 00123 City of Rexburg 35 N 1st E Rexburg, ID 83440 Berry Properties LLC and Norma Harris Living Trust C I TY OF REXBURG OW America's Family Community Requesting Annexation as specified. The proposed annexation of approximately 4.65 acres. A map is part of the public hearing notice. 1130 and 1138 University Blvd. RP06N39E361241 & RP06N39E360438 Commercial The proposed annexation of approximately 4.65 acres will retain the existing zoning of Community Business Center (CBC), which is in the City of Rexburg. The subject property is an area of unincorporated property surrounded by the City of Rexburg. The properties were left out of previous City Annexations at the request of the property owners. Currently the owners of the most easterly parcel are requesting annexation. The City has agreed to act as the applicant due to the inclusion of the parcel to the west owned by Norma Harris Living Trust. II. SITE DESCRIPTION The site is located directly to the west of Highway 20 on University Blvd. The subject property is approximately 4.65 acres. The parcels are surrounded by commercial. III. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the proposed annexation can be approved, denied, or approved with conditions. The Comprehensive Plan identifies the use for this property as Commercial. The zoning is Community Business Center (CBC), and fits perfectly in the Commercial Comp Plan use. It is in the best interest of the City of Rexburg and its citizens to not have islands of County property within the City boundaries. As water, sewer, curb, gutter, sidewalks and other infrastructure are Case No. 17 00211 Page 1 completed, islands create barriers and potential safety hazards. Staff recommends that the Planning and Zoning Commission recommend to the City Council to approve the annexation of this property. Staff further recommends that when future annexations come forward that the Planning and Zoning Commission and the City Council make every effort to not create new islands. Case No. 17 00211 Page 2