The URL can be used to link to this page

Home My WebLink AboutAPPLICATION - Cresthaven Church - 1070 S 2nd E - CUP for parking lot extension07/11/02 THU 16:01 FAX 208 359 2271 JRVY & ASSOC. Jul.11. 2002 2:35PM No,5012 P. 1/4 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF REX"-RG APPLICANT: Name Address lVe-'l'"' Fw2.4- eity jC e1V'� state GN U Phone S*1 J 3� OWNER: (Complete if owner not applicant) Name City. State PROPERTY COVERED BY PERMIT: Legal Description (Lot, Block, Addition, Division Number) NATURE OF REQUEST: Briefly explain the proposed use., Existing use of property: Will this have an impact on ft Phone Zone L-- r�I Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated or not met there will be a 90 day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit [a 001 07/11/02 THU 16:01 FAX 208 359 2271 JRW & ASSOC. Q002 Jul.11, 2002, 2:36PM No. 5012 P. 2/4 REQUIREMNTS FOR GRANTING CONDITIONAL USE PERWr: The following information will assist the Commission and/or City Council to determine if your proposalwill sleet the requirements under the zoning ordinance_ 1. What is the protection?_ usage per month? Are the existing mains adequate to provide fire 2: What is the estimated sewer usage per month? Will pretreatment he nPreaenrv� 3. What is the estimated daily trafficjo be generated? Will the traffic be primarily private vehicles or commercial trucks? M o LH -*-P4 (:P t-- To 4.. If commercial industrial, or a home occupation, what will be the hours of operation? 5. Will storm water drainage be retained on site? Is an existing storm drain availablg? Is it at capacity? If so, will new facilities be constructed? 'STD P M \4 AMV- 1tiy I � 1 OF - 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi -family for young families, singles and couples, or elderly? 7. What -provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fighting equipment?Q. S. How much parking is being provided on-site? Do the aisle widths and access points comply 9,. Where will solid waste generated be stared? Is access adequate for the City collection? 07/11/02 THU 16:02 FAX 208 359 2271 Jol.11, 2002 2:36PM 10. What is the type of noise that JRW & ASSOC. No -50H P, 3!4 be generated by the use? What are the hours of noise 6 L (�,r�. 11. What type of equipment will be used in the conduct of the business? 12. What are the surrounding land uses? Has buffering been provided as required by the ordinance? 13. Are any, air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? � %; 14. Will the parking lots or other outdoor areas have lighting? '``j' Kg�p w 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? :For commercial uses, where are the loading docks? Is there sufficient space for truck parking?_ , l 16. If commercial, multi -family oar public assembly use, where is the nearest collector street? Arterial strZ-a eet? . 17_ What, if any, signage is anticipated inOFognection with the proposed usage? M -'—VA ri'sizer, or Council may address other points than those discussed above, but a narrative addrossin at least ose applicable points will assist in processing your application. ATTR A P1 CiT ' XQUESTED BY SECTION 6lit - .. SSi4lahue of Applicant Date, )t OFFICE USE ONLY: ee: Date Paid:_ Paid By: Check Cash Other Date of Notice,_ Hearing-- P&Z Council 10003 07/26/02 FRI 10:12 FAX 208 359 2271 JRW & ASSOC. .. ��:1�i.• ::311. ...., n- .�•...�.. FTA RP)i ,R - T.FA14TT ENGINEERING, INC. CML G STRUCTURAL ENGINEERING, MATERIALS TESTING GLAND SURVEYING 800 W. judicial St. • P -O. Box 866 Blackfoot, Idaho 83221 (208) 785-2977 Pax(208)785-2990 985 N. Capital Ave. • P.O. Box 50691 Idaho Falls, Idaho 83405 (209) 524-0212 Fax (208).524-0229 Crest Haven Job No. 20057.0184 7/25/02 RR Part of Section 31, Township 6 North, Range 40 East, B.M., Madison County, Idaho more particularly described as: Beginning at a point that is S 89040'39" W 298.61 feet and south 30.00 feet from the E 1/4 comer of said Section 31 and running thence clockwise 170.67 feet along the west right-of-way line of Skyview Drive, along a curve with a Radius of 2833.63 feet and a Delta of 3°27'03"; chord bears S 00°16129" E 170.64 feet; thence S 02°00'00" E 181.39 feet along said right-of-way line; thence S 89°55'50" W 378.26 feet; thence N 00°08'20" E 350.00 feet; thence N 89037'56" E 370.27 feet to the point of beginning. Parcel contains 3.00 acres. CcI�?.JINC .'r 7-41C•- PC C �U.Iti, ; C.ra-(�;c-a..'�a. C,l� 1>J1`�G �G'I G7e,51 W u y , cac> r�r•'V:""C" ' ilW r� `j�'�1�":�{��.. tv.. � '�'C� °G;,�1)0�,�1 �,1e Iia �.,�;c^ I~t°•tc:::7` � -'1'f!Oy;;n.!�•Fp'w . l"7Io Xl �f l?�'tt � I��(,`�.1:�7 I"�I, .,I.•� �t�e"y.i._.. .'�: � l��''I�%!. "��'��j1��,. 1. ,•�r �=�'-Ih.�ly .1 � 1 I. F:,. �..i...l i� �') �,: �,C<L.-{ i�-.ti!.. �.9 � V l :.1{i V • )�`� i"�-�.", iG � ww (.. �',' i^,�..t-�k i t"� � I �f ! u�.J [a 001 Z/Z A 8O W "N 6N W 9802 NV60:11 ZOOZ '9Z'IDf First American Title Company Instrument # 296333 RE%BURG, MADISON, IDAHO 2002-06-10 04:06:00 No. of Pages: 5 Recordltl for: FIRST A RICAN TIT MARILYN R. RASMUS N Fee: 15.00 WARRANTY DEED EXOrneto Recorder Dee _ (Property No. 518-5289) DSC Investments, L.C., an Idaho limited liability company, as GRANTOR, for a good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah Corporation Sole, of 50 E. North Temple,12th Floor, Salt Lake City, Utah 84150, as GRANTEE, and to GRANTEE's successors and assigns forever, all of the following described premises situated in Madison County, Idaho: Parcel 1: Lots 3 and 4. Block 6, Valley View Estates Subdivision No. 4, to the City of Rexburg, Madison County, Idaho, as shown on the plat recorded January 24, 2000, as Instrument No. 282203. Parcel 2 Part of the NEl/4SE1/4 of Section 31, Township 6 North, Range 40 E.B.M., Madison County, Idaho, described as: Beginning at a point that is S. 00°14'35" E. 383.27 feet along the E. section line and S. 89°45'25" W. 326.92 feet to the NE comer of Lot 4, Block 6 of Valley View Estates Division No. 4 and S. 89°43'46" W. 140.04 feet to the NW corner of said Lot 4, from the EIA comer of said Section 31, and running thence S. 89°43'46" W. 192.36 feet; thence S. 00' 16'14" E. 132.40 feet; thence S. 43°55'33" E. 132.89 feet; thence S. 87°15'03" E. 94.97 feet to the W. boundary line of Valley View Estates Division No. 4; thence along said W. Boundary N. 01'08'57" E. 233.62 feet to the point of beginning. Parcel 2 of the above described real property shall be subject to the following covenants, conditions and restrictions: A. Parcel 2 described above may be used by the Grantee for a parking lot and landscaping, subject to the terms, conditions, limitations and restrictions hereinafter set forth (collectively, the "covenants"). B. Along the entire South boundary line of Parcel 1 and the entire South, Southwest and West boundary lines of Parcel 2 there shall be at least a twenty -foot buffer area between the boundary lines and the improved area of the parking lot in which grass and trees shall be planted to separate the parking lot from the property contiguous to such boundary lines (collectively, the "buffer area"). Prior to the installation of any landscaping in the buffer area, Grantee shall furnish to the Architectural Control Committee, as defined in the Declaration of Covenants of Valley View Estates Division No. 4 recorded on January 24, 2000 in the office of the Recorder of Madison County, Idaho as Instrument No. 282208 (the "Architectural Control Committee"), preliminary landscaping plans for the buffer area. Upon receipt of the preliminary landscaping plans, the Architectural Control Committee and Grantee will use good faith efforts to mutually decide upon the approved landscaping for the buffer area. The approval ofthe Architectural Control Committee is not required for any other portion of Parcels 1 or 2. Grantor and Grantee intend that Grantee will install a reasonable number of trees of a size and in locations to be mutually decided between the parties to create an effective buffer and a balanced and aesthetically pleasing landscape for the buffer area. C. The buffer area shall be maintained and kept in a clean and sightly condition, including regular mowing of the grass, proper care and trimming of trees and shrubs, and weed control. D. No retaining wall shall be built on Parcel 2. E. No sheds, outbuildings or other structures of any kind or nature shall be built, placed or kept, eithertemporarily or permanently, on Parcel 2, except that apavilion may be built, placed and kept in that portion of Parcel 2 depicted by cross -hatching on Exhibit "A," attached hereto and incorporated herein. The plans for any such pavilion shall be delivered to Grantor for informational purposes prior to commencement of construction of the pavilion. F. If Parcel 2 is not used for a church parking lot, then Parcel 2 shall be planted in grass, shrubbery and trees to create a buffer area between the contiguous lands, and shall be maintained as set forth in paragraph C above. Parcel 2 may not be used for any other purpose unless consented to by all of the owners of lots and other property contiguous to Parcel 2 in a written document executed in recordable form. G. The covenants shall be for the sole and exclusive benefit of each and every owner of land contiguous to Parcel I and/or 2 and will be binding upon all future owners, successors and assigns of Parcels I and/or 2 or any part or portion thereof, subject to paragraph H below. In the event of a violation of any of the covenants, the sole and exclusive remedy of any owner of land contiguous to Parcel I and/or 2 shall be injunctive relief. Under not condition shall the properly conveyed herein revert to Grantor, not shall Grantee be subject to any monetary damages. Grantor and Grantee agree that the real property is unique and that monetary damages would be inadequate; only injunctive relief enforcing the covenants herein will achieve the relief and remedy intended by the parties. Any owner of land contiguous to Parcels 1 and/or 2 shall have the right to injunctive relief without the posting of any bond or other surety to enforce the covenants. In the event of any legal action or suit relating to the enforcement of any of the covenants, the prevailing party shall be entitled to recover from the other party all reasonable attorney fees and costs incurred by the prevailing party as awarded by the court. H. Notwithstanding anything contained herein to the contrary, if Grantee sells Parcel 2, Parcel 2 shall either be subject to the covenants herein or he subject to any then existing and effective covenants, conditions and restrictions applicable to Parcel 1. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's successors and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all covenants, conditions, restrictions, easements, rights, exceptions, and encumbrances, except those set forth in Exhibit "B", attached hereto and incorporated herein, and that Grantor will warrant and defend the same from all claims whatsoever. ITNESS WHEREOF, GRANTOR has hereunto subscribed its name to this instrument thisv of June, 2002. ;H7"YXiS7 DSC INVESTMENTS, L.C. By: Gordon S. Crofts, Manager By:/ /] , Claudia J. Crofts, ager STATE OF *H 1 :as County of Madison ) On this —'� day of June, in the year 2002, before me, a Notary Public, personally appeared Gordon S. Crofts and Claudia J. Crofts, known or identified to me (or proved to me on the oath of ), to be the managers of the limited liability company that executed this instrument or the persons who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. L CHRIE PMMA _y-- AbTMVROM -SMOFUlNI • %r s'OWIMurM+a Notary Public for Mahe W't��°" Residing at: My Commission Expires: Exhibit --VI Exhibit "B" (List of Permitted Exceptions) 1. Current taxes and assessments that are not yet due and payable. 2. Easements on the recorded plat of subdivision. 3. Declaration of Covenants of Valley View Estates Division No.4recordedaslnstrumentNo. 282208, as amended by that certain Amendmentto Declaration ofCovenants of Valley View Estates Division No. 4 recorded as Instrument No. 296128, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). (Pertaining solely to Parcel 1). 4. Easement for phone lines granted to Qwest Engineering, recorded August 3, 2000 as Instrument No. 285071. Property No. Send Tax Sfaremeny fw LDS Gomh Tax Admin. - 22M FI. 50F Noah Temple SUeex SNtl ka City,Vr 84150-3610 Title: Scale: 1 inch = 37 feet I File: 296333-parcel2.des Date: 07-26-2002 Tract 1: 0.899 Acres: 39144 Sq Feet: Closure = n62.1235w 0.00 Feet: Precision =1/255840: Perimeter = 786 Feet 001=/s00.1435e 383.27 004=s89.4346w 192.36 007=s87.1503e 94.97 002=/s89.4525w 326.92 005=s00.1614e 132.40 008=n01.0857e 233.62 003=/s89.4346w 140.04 006=s43.5533e 132.89