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HomeMy WebLinkAboutALL DOCS - 12-00446 - 137 N 3rd W - Hanna Properties, LLC - Rezone - DENIEDI CITY OF Please complete this application, provide all supporting documents, and submit it to the Community Development Department. Eighteen (18) copies of the application and of all supporting documents are needed. A1l applications that are complete will be ptocessed with due diligence and will be scheduled, dependent upon availability, for an upcoming agenda. Current Zone: Z_De- - z Requested Zone: ,4b"L' Z Rezone Fee: $5OO plus $250.00 Publication Fee Contact Person (If different from above):Phone: E-Mail Address of Subject Property:/37 Nnn*' 34 k)ssr eLu- S iriatii,]il iCxLiinrr--.. ".lQ440 t 'tW.*ourg.org n{:} rh.ii'i i' ir[]l.,"lftfiY Mapping Department must initial here to signi$ parcel verification: Publication Fee: $250.00 Rezone Fees: Less than 1. acre: $500.00 More than 1- acre,less than 5: $850.00 5 to 10 acres: $900.00 Total Fees Due: $ -- 3 Over 10 acres, less than 20: $1500.00 20 acres and over: $2500.00 Date of Notice: Date of Public Hearing: I Rezone Applicqlion City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022 ilW*[dirqs.rio'.o.r$'hd$$hi]Fstaff may be required pdor to the Citi,cl Hq$,'rtqnlli,. -. t,r; :;,,; ,li'[il],, ,,,.,,, Property Description fiou must attach the Lot, Block & Subdivision name or recotded deed with a metes and bounds description): parcerNumber: /<fR( x6n26 ^ oA4 2h26t{ 26 2461 262Cc+ Quattet Section: Township: Range: Application Information /1 " Phone: Zafi''szD ' z4oQApplicant: f/l El'Ownel ! Purchaser- -! Lessee E-Mail: /*t"-4etoqa-@d/Za-tet Lll" *::"',fri'tti*:u'€ € 7/: P citv/w1!l' ' Recorded Owner,s Address: g<e, A' 7.( '^./ CiW/ST/Zip: Square Feet (or) .'l 6 Ltau*- Acres .4 Development Infotmation 1. Size of Property North: South: 2. How is the property now useal 2 rtaca t< ca/ 4ro/evg, /Pazce- Vacert\ /azzru. C,t)/try S'/,AP 3. How are the adjoining properries^used? East: \7est: 4. Are there any exi land uses in the general area similar to the proposed use? If yes, what are they, and whete are they located? 5. 6. On what street(s) does the property have frontage?,tVo .an -Z 4a t-l)p.r - 'What use,ding or structure is intended flor the properry? B k,qt 4 ,-o/a* p,^)'At'n,t / ,a zirc c- / 8. Are City services adequate to serve any future development proposed?ttt s 7. Are water and sewer facilities, streets, fire and police presendy serving this area? VE I 9. Will measures be proposed to assure that public facilities and services will be added?.V/a 10. Is the site large enough to accornmodate the proposed uses, parking, and buffering ,.r*rrO, ya, 11. Is the area currently sub-divided or going to be sub-divided?at/a 1,2. Any additional comments? /19- Zaats Nrat '4c-t-a*) ,aaL Ca"ts'm acnol os 4 3/ex o* *?c&nt;- +4ce-c /(;- ali// 6r,,t" a/..rc.-,t 4ail - reuS. /e /dltlscc<p F 5aJe.c..tr?oE, !)ju4a a I re\ S(JL€4q-ttI Note: When an application has been submitted, it will be reviewed'in cjrder to deterrnlne compliance-with application requirements. It will not be ptocessed if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 1. A formal trafftc study will be required for a reta:L sales area more than 75,000 feet; schools for more than 100 students; apartment complex with 50 apartments or more. 2. Before annexation, the person or firm applylng for annexation will agree to certain things: curb and gutter, streets, signaling, water and sewer, property sizing and location. Signature of Applicant:out ' €&a sr 2orZ- Additional Submittal Requirements: The City of Rexburg tequires the following information to be submitted to the Planning & Zoning Secretary for every application for rczonef or annexation: 1,. Current Vicinity Map. (B Yz" x 1.1') - showing location and current zontng of the property. A map is available from the City PlanningandZonrngOffice. Please indicate the location of your property on the map. 2. Land Description. On a separate page, attach alegl description of the actual property which you wish to have rezoned. b. Description shall mathematically close. Descriptions shall be provided for the perimeter of the total area for which a rezone is being requested; and fot each zone (separate zonrng classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identi$' 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, rivets, cteeks, etc. as may be identified by the Public Works Department. Photographs. Photos of existing site conditions. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. a. 3. Atfidqvil of legol Inleresl Cify of Rexburg Phone:208.359.3020 Fox: 208.359.3022www.rexourg.org CITY OF REXBURG A me i c al F a mi ly Cn m mu nity State of Idaho Countv of Madison Name ggO A 7r/ ot) Address h.a*o 83-/ f o State Being fust duly sworo upon oath, depose and say: (If Applicant is also Ownet of Recotd, skip to B) A. That I am the recotd owner of the property described on the attached, and I grant my permission to: Name Address to submit the accompanying application pertaining to that property. B. I agree to indemni$r, defend and hold Rexburg City and its employees harmless ftom any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this .54 A, d^v of C)C-7aGe'L .20 /z Subscribed and sworn to before me the dav and vear first above written. ^rqrtt\\rl I i I I i llt'4',. =*os'$.lI*,i a;'....ffi:i e-1i.,'dinga,: 4T fuVryrS ut "'4,f ffi#rr.--*vcommissionexpires:17'?'24116 4 This Inotrument filed as an accommodatlon onlY' It hge not becn et@mlned as to it'o ex€cutlon, lnewabllltY or cffQrft qn tltle. ALLIANCIE TITLE & ESCROWPS. BOX 732AEXtsUBG,ID M44O QUITCLAIM DEED ORDER NO. : 30410001678L FORVALUE RECETVED, Brandon Ilanna and Kacie Hanna, Ilusband and Wife and CarrronHadna and Stacy Ilanna, Ilusband and Wife i i :ase. remise and forever ouit claim unto ,Do(es) hereby convey, release, remise aod forwer q : Hanna Properties, LLC, an Idaho Limiteil Liability Company : whose current address is:: l 850 Erst ?6 North, Rexburg, ID E3440 .l the following describedpremises: I Commencing at a point North 161,00 feet from the Southeast corner ofBlock 26 of Original Townslte ofRexburg l\lailison County, Idaho, as per thc rccorded plat thereof and running thence west 165.00 icet; thencc south 1.00 feet; thence wcst 4.00 feet to the true pbint of beginning; and thence west 81,0 feet; thence North 105.00 foef; thcnce East 70,00 feet; thence Souttr Z.3S t'eet; thence East I 1.00 feet; thence South 102.67 feet to the true poitrt of beginning. ! TO HAVE AND TO HOLD the said ptemises, unto tho said grantees, heirs and assigns forever. Microfile No. 3662462 DAY FEB 2011At 02 O'Clock 45 MMARILYN RASMUSSEN MAOISON CO RECORDERFee $10.00NChandler DeoutvRecorded at Request ofALLIANCE TITLE. REXBURG State oflD /'lA /.cqmty of | | lad t::21 A - ^E-14$On rhis /l thv of'taft& in the year 201I bsforc me, a Notary Public in md for srid s!$e, pqsonally ooootfr-ffi-o,loni1"rrn" il16A1gie wrnna and Camron llanna and Stacy }lama loown c idatifed to neOn this ', 'tay Of trD|Efiy ltr the year ZUI I bsIOrC me, a NOIary ruDllc rn lul Ior silo sbtc, IH$uruy oppeatfr-ffi-o.toni1"rur" il16A1gie wrnna and Camron llanna and Stacy }lama loown c idatifed to ne to ) )ss.) Ui ttre oenon u'hogc nuue is subscribed to the withitt ir$'tnmelt aad aclnowledged to me thst ho/she/,lbey exeqrted the sule. IN WTINI',SS WHERBOF lhove hereut$o set |ny hand and writlen, Iglry lt Fp.rnontcounty .Lonrlrission Expires. en -fu1 r\}fief# * i jut'"*Ry\* #t:,rH: Cormission Expires: 366246 QUITCLAIM DEED ORDER NO. : 3041000170RL FOR VALUE RACEfV'ED, Brandon B Hannq a married person as sole and separete property Do(es) hereby convey, release, remise and forwer quit cliaim unto Hanna Properties, LLC, an Idaho Ltmited Liabi[ty Company iVrif ttr whose current address is:: E50 East 7th W6$t, Rexburg' ID 83440 . tlre following described premises: i Comnrencing at a poiut Nortlr 1 61..00 feet I'rom the Southeast corner of Block 26 of:Original Torvnsite ofiexburg Madison County, Idahq as per the recoriled plat thereof, and runniug thcnce west 84.00 feet; thence North 104.00 feet; thence East 8,1.00 feet; thence south 104.00 feetto thc point ofbeginniug, TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Thls tnet3utnent filed as &n accommodailon onlgr. if has not b€an examlned as to lt'6 €t ecufion, lnsuralrllitY or eficct on title. ALUANCE TITLE & ESCROW PO, BOX 732 REXBURG. ID 83440 IN WITNESS WHEREO$ I have hereurto sct my band and written. Microfile No. 3662442 DAY FEB 2011At 02 O'Clock 45 MMARILYN RASMUSSEN MADISON CO RECORDERFee $10.00Nchandler DeoutvRecorded at Request ofALLIANCE TITLE . REXBURG Statc ol ID ) lss.connty of Madison - I- r-t 4^t on this J- cuy orffifuo O. y",r$filru"rorc mc, a Noiary Public in and tbr said statp, p"rsonrU-o'app"or.,l Bmdon IJ. Hanna known ot identilicxl to mu to bc tlie penon whoss na$e is Eubsiribed io the within instnrment and ackmwledged to me tbat hdshe/thcy exeeutod the saDre. Reoidlng ln Fremont County Commission Fxpires: 6-21 Afi I seil tlrc day and year lirst above Cornnrission Bryliros: 36624/, Thie inu8nment ftled aa an accommodation on!Y. It has not beon examlned as to lt's execution, inlurabilitY or effcct on tlile- ALUANCETITLE & ESCROW PO, BOX 732 REXBURG. iD 83440 QUITCLAIM DEED ORDER NO. ; 30410001698L n'OR VALUE RECEIVED, Camron H. Hanna, a married person as sole,and separate property Do(es) hereby convey, release) remiso and forevcr quit claim unto i Hanna Properties, LLC, an ldaho Lim[fedftiability Company . u'hose current address is:: 850 East 7th Id&S, Rexburg, ID 83440 i the following described premises: :: Commcnclng at a polnt Nortlr 161.00 feet from the Southeast corner ofBlock 26 ofOrigtnal Torvnsite ofRexburg, Madison County, Idaho, ns per the recorded plat thereof, an{ runnlng tbence West 84.00 feet to the truc point of begiuning; and thence West 81.00 tbet; tEence South 1,00 fcct; thonce \Yest 4.00 feet; thence North I 02,67 t'eet; thence E:ust 85'00 fcct; thcncc South 101.67 fcet to the true point ofbeginning. : TO IIAVE AND TO ]IOLD the sairl premises, unto the said grantees, heirs and assigns forevcr. : I! Microfile No. 3662452 DAY FEB 2011At 02 O'Clock 45 MMARILYN MSMUSSENMADISON CO RECORDERFee $'10.00NChandler Deputv Recorded at Reouest of ALLIANCE TITLE - REXBURG SteteoflD l . I- )ss.cowtyorlhfdisQ.i l. o" th;-A ou, orffi*, ,nu" r"o%"fore me, d Notary Public in oDd ror seid strr., : per\-onally appearcd Camron !L tLaruu known or idcntilied to rne t0 be the person wltose narne it subscribed to tbe rvihin instrument aDd soklrorledged t<r me that hdsho/tlrey exec,utcd the same. I lN W-IINESS WIIEREOF I have hereunto set my hund and wtittoll. ffilflil3"l3f filPil'&!l%m seal the day and yoar fiist above :itH;i# ::o,n#l{: 3662,05 Thig instrunnenr ftled [4iqrofile Nq. !Q6247ar an accommodauon onry. i*%to,..?F.,:9!,,It has not b€en examtned IfrAR|LYN'RIiSMUSSENac to ttt execuflon, rnsurabrtny ,Jgt?b|fil co RECoRDER or eff€ct on tlile. lrtci;nii;i Deoutv ALLTAN.E,rLE & EsoRow lrii{f,i3fiF?Hg'*tirr*u PO, BOX 7s2 ' REXBUFG. lD 83440 nrrym^r ^ ,r r h-. ,QUITCLAIM DEED :: ORDERNO.:304100016EL8 ; T,ORVALUE RECEIVED, Brandon Hanna and Kacle Ilama, Ilusband and Wife end Camron Halrna and Stacy Ilanna, Husbanrl and \ilife , iiDo(es) hereby oonvey, release, remise and forever quit claim unro i Hanna Properties, LLC, an ldaho Limited Liability Company whose current address is:: ; I 850 East 76 North, Rexburg, ID 83440 . i the following described premises: i Commelcing at a polnt North 161.00 feet from the Southeast corner of Block 26 oftbe Orignat Townsite ofRexbur& Madison County, Idaho, as per the recorded plat thercof, ahd runnlng tbcnce West 165.00 feet; thence South 1.00 feet; thence West 85.00 feet to the true point of beginning; and thence West E0.00 feet; thence North 105.00 feet; thence East 80,00 feet; thencc South 105,00 feet to the true point ofbeginning. i :TO IIAVE AND TO HOLD the said premises, unto the said grantees, heirs;and asstgns forevEr, . strte ofID couryor mAf,isotl ) l ss. )rf On rljs -1- a.y uf E&#16 io tbc ycar Z)l I bcfore urg s Nohry Public ir and for said statg personally appeared Brandon. Ilanna and Krcie llama altl Canu.on, llanru aod Stacy Ilaala krrown fi idenli.ted to me to b€ the persofl whose name is subscribed to the within irulrwneDt and atlknowlcdgcd to me that Mshe,/tlrey cxeflbd tbe sa[tc. lN WTINESS WIIEREOF Ihaw hercunlo set mv band aud x'ritten. ffii*tr-iff;ffiJj,Blpzorrffi 366247 g lfl No E rE Findings of Fqcl City of Rexburg Phone: 208.359.3020 Fax: 208.359.3022 Rezone Hanna Properties, LLC 137 North 3'" !7est 1.On Octobet 5,2072, Dan Hanna ptesented to the City of Rexburg Plannirg & Zonng Coordinator a request and application for ^ zone change for the property located at 1,37 North 3'"'V7est, in Rexbwg, Madison County, Idaho to be rezoned fiom Low Density Residential2 GDR2) to Medium Density Residential2 (X4DR2). On Octobet 9,2012, the City Clerk sent the Notice of Public Headng to be published in the local newspaper on October 13 and October 27,2012. A notice was posted on the property and sent to all ptoperty owners within 300 feet of the above mentioned property. On November 1, 2012,Dan Hanna presented to the Planning & ZonngCommission for the City of Rexbutg, the Request for a Rezone for the property located at 737 North 3'd West to be rezoned fiom LDR2 to MDM. Richie Webb motioned to recofirmend approval to City Council of a zone change from Low Density Residential2 (I-DR2) to Medium Density Residential2 (A{DR2) for the ftop"tty located at 137 North 3'd West. Scott Fetguson seconded the motion. The motion was amended and seconded to include the condition stated in the staff report , that. . . " The portion of the diuewal that is wider than 24' that is in the cifl right-ofwa1 to be remoaed back to lol line. Grass and a conmte sidewalk to be addcd in thh location." Dan Hanna and Mary Ann Mounts rejoined the Commission on the dais. 4. On Novembet 28, 2012 the City Council reviewed the request to rezone 1jl7 North 3d West ftom Low Density Residential2 GDR2) to Medium Density Residential2 ([,{DR2) - ftIanna Propeties). CITY OF REXBIIRG fw*^*------ Anefim's F*niily Ct mnittiity35 North l,t Eost Rexburg, lD 83440 www.rexburg.org Those Opposed: Chuck Porter Thaine Robinson 2. 3. Those in Favor Mark Rudd Richie Webb Scott Ferguson Jedd Walker Gil Shtuley Motion caried. November L9,2OI2 Terri L, Hepworth 275 North 2nd West Rexburg, ldaho 83440 Hi Terri, Your letter to the Editor, published in the Standard Journal raised some interesting questions. lf I may, I would like to respond to your comments. In your letter you wrote: "Now they ore plannlng to toke owoy o plqy orca to put in more opartments.p Yegthereisaswingsetandmonkeybarsonthelotforthechildrenofourtenantstoplayon, There will continue to be a place on our land for the existing playground equipment. we will be adding additional playground equipment, the existing landscape will be improved, additionat landscape added, and the dumpster will be screened from the road. lwhot about the oportment complexes already built thct qre golng into foreclosure?" I am not aware of any apartment buildings going into foreclosure. I do have knowledge of the demand by investors to purchase community housing complexes, The university is continuing to increase enrollment annually, driving the demand for additional housing. Vacant land and under-developed lots are prime areas for development, especially land that is close to the City center and within blocks of the University. oWeten't zonlng lo.ws to protect the neighborhoods? Now t'm begtnnlng to feel like these lows are there to be chonged ot the whlm olony developer,,, In all of the meetings that you and I have attended at the same time the ramifications of the "Comprehensive Plan Map have been explained and discussed. No one from your "neighborhood,, has requested that the "Comp Plon" be amended to change the current "vision" for future development of your "neighborhood"'. My request to re-zone is consistent with the comprehensive plan Map, a "vision" that was developed almost 12 years ago, The,,Comp plon', informs residents and developers/investors of the potential uses of each parcel of property in our ciry. "l hedrd that members of the Plannlng and Zontrry orc olso the developes of th*e opartments. lsnl thdt o conflid o, interest? t hope whdt t ve heard is wrong," Youheardright. Thereareseveral membersifnotafl ofthemembersof p&Zwhoownhomesand property in Rexburg or Madison County and all of us have or will someday buy, build or invest in our community. How is that a conflict of interest? The members of Planning and Zoning do not make rules or enforce the development code. We make recommendatlons to the City Council. We expect to be treated like any other memb€r of our comrnunity and we actively participate as members ol F&Z in promoting responsible growth and develcpment in our city. I also attended the meeting where Robert Grow discussed "Envision Utah", I am excited about the opportunitie$ this approach witl bring to our city and county. Pleasg get involved, run for City Csuncil, ask to be appointed by the Mayor to serye on Planning and Zoning or any number of cther committees and orgaoizations working tc improve the quality of life in our community, We are tarorking togetler to build a comrnsn,ty that work for all of r.ls. Quite frankly, I am surprised by all of the interest my request to build a four-plex has generated, especially where it will be on vacant land next to two other existing four-plexes that have been tbere fcr about 40 years, I will be surprised if anyone even notices another four-plex , Molt people drive by and do not even realiue that lhere is a 40 by 80 foot cinder black shop located in the back of our property. I have enclosed a drawing of our prcperty that shows where the proposed A-plex could b'e located in compliance with the Development Code of the City of Rexburg. please contact me if you desire additional clarification. I have asked that this letter together with your published letter i$ the Standard Journal be delivered to members of the Rexburg City Council ifl preparation for the public hearing on November 28,2012, You have raised sonre excellent questiong and I hope that my recponse to you will accurately address other pEople's conc€ffrs about rny proposed zone change in your neighborhood. Thsnk you, Dan Hanna 850 East 7* North Rexbufg, ldaho 83440 cellr 208.520.1406 Site plan dtawing of the proposed zone change: Lo'r SoUARE F00TA6E| 34486 ACREA6E' 0.794 ilDR a ALLIIVABLE UNITST 15 PROPOSED UNITSI TE RE0UIRE! PARKIN6, e4 SPACES PARKING PROVIDED 24 SPACES LANDSCAPING REOUIRE! (EOZ} 6913 s0, FT. LANDSCAPING PROVIDEI| 8310 S0 fT' ASPHALI AREA' 11358 S0, FT, sN0V SToRAGE REo{JIRED (l0z), 1436 s0, FT. SNOV STORAGE PRoVIIED' 3900 S0, Dan Hanna presented his proposal to add a four-plex to his development. It complies with the Comprehensive Plan. Amenities (i.e. playground) will be maintained for the children. The site plan map above shows the building will be in compliance with landscape and setback requirements. Additional landscape and sidewalks will be added to the front of the property to bring the property into compliance with tequirements. The 4 different parcels will be brought together to make one cohesive property. This zone change follows the city's comprehensive p1an. Discussion on the neighborhoods opinion on the project. Council Membet Busby asked City Attomey Zolltnger about the non-compliant issues arising with the development. City Attorney ZolLtnger explained the two existing buildings have been grandfathered into their curent zone and there ^re no requirements to bdng them into compliance. The current buildings cannot be altered futher out of compliance; however, any new buildings would have to comply with the code. Council Member Busby continued to review the neighborhood issues with the tezofle. City Attomey Zolhnget reviewed the testimony given in the Planning and.Zontngpublic Hearing. Mt. Hanna reviewed the confusion on how the Comprehensive Plan was developed and how it affects the application process. His proposal is an investment decision; He reviewed the issue of a conflict of interest. The applicant explainedP&Z Commissioners have been very careful to avoid a conflict of interest' He proposed the rezone as a cittzen and he relinquished his right as aP&Z Commissioner to vote on the proposal due to a conflict of interest. Council Membet Busby reviewed the letter submitted by Brandon I(uhns. Brandon I(uhns explained some of the comments made after the PlanningandZontns deliberations. Mr. I(uhns'would like his voice to be heard. Kad Hanosky reviewed the site-plan on the overhead screen. Mr. Hanosky felt the new four-plex would not fit on the lot and be compliant with code. (Sin plan retiews are nol taken into consideration with reryne propomls.) Mr. Flanna was asked if he had any other input. council Member Merrill asked about the lot size. It is 8/10s of an acre. Council President Mann asked about the parcel behind the shop. Council Membet Benfield asked staff about the five concerns on the petition. Thereisnotenoughroomonthepropertyforanotherfourplextosomprywiththecurrenroranynewrontng.nr.J^u ul NoV INot enough room to meet the exlsting distance to property boundaries | | sr rr ur or rv I rcw zutrtng cna nqe IDoes not meet minirnum landscape requirement I Does not meet mlnimum parklng requirements including snow removal I CW 0F R Any additional building would not be able to be placed in correct architectural alignment with existing buildings therefore would nothave appropriate aesthetic appeal which would decrease existing neighbor,s prop-erty varues 2. Mr. Hanna indicated he addressed the petitioners concerns on the petition. City Attomey Zollinget indicated the decision tonight only concerned a zone change ptoposal. Zone changes should be looked at as aworst case scenatio. Council Ptesident Mann moved to deny the proposed rezone of property at 137 Noth 3'd West from Low Density Residential2 (LDR2) to Medium Density Residential2 (AaDR2); Council Member Benfield seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Council President Mann Council Member Busby Council Member Benfield Council Member Smith The motion carded to {eny the proposal. Those voting nay Council Member Suthedand Council Membet Merill NRF RADIATI @ oo1 ATTN: Blair Fax: 208-359-3022 From: Brandon Kuhns Coversheet + 2 Pages Blair, ifthis doesn't come through well, please call me and I will try to use a different fa:r machine' Thurks, Brandon Kuhns 208-403-r357 , r r,, s@v\ahao.oo(^ ' bu"andrrt' (whn - d 11/28/2012 10:17 FAX 208 5335754 NRF RADIATION IIEALTH Brandon Kuhns --- 115 N 3'd W I share fle same concerns that many of neighbors have had and continue to have- I would like to outline my conc€rns which r i""T.. u"ittg sigrrifrffi "t"tr"*"a T th: uig picture with our neighborhood over the past 6 months. L i;;A;t"Ih* this.letter be taken seriously' not just a citizen who wants to complain utout "u"ry;ri;g. -irr"lopi"t I discuss below are sincere concerris' please respect them' It has been hard to relax the last six months, because orr neighborhood has been under attack by the many zoning changes. w" ..r""irv rruo u ^* ,t *;;'; w;stlallowing an 80-unit apartment complex to be placed right between ,"riJ"rrtiut homes. Theni recent zone change recommendation one block further north on 3ro West. (Hanna Properties) Then an addition of an approximately 34 bed nursing home on 1"' Northand4hWgstwasapproved-Alsothezonechangewasapprovedfor3rdNand2ndW.Theseareall within 2 blocks of mY home Before getting into my concerns' I have a few questions about the above mentioned zone changes' l.Havetraffrcandsafetystudiesbeenperformed.tofet.ermineifanS0.unitapartmentcomplexright offMainsn""t'rigt'tnexttorai]roadtracksislogicalandsafe? 2. will there be enough water pressure? Are the sewer lines capable of this increase? a. H"r;;; .ildi", u"in reviewed by the council or has it just been stated that they are good? b. If the studies are being done, what are they comparing itto? Especially when zoning "r,^g"r *"tinue to n"pp* "* they cornparing eachproposal individually to what "urr"-Triv "*i*rz I hope itre studies nre now taking into accoun! 8-0 unit apartment ,o*piriplus potential E more units atDean Ricks Apartments, plus a 34 bed nursing home-..,q'Lt within 2 blocks of each other' 3. Is the council aware of the conflict of interest involved in some of these changes? (Both the Homestead and llanna properties piopos"ls have conflicts of interes! Zollinger and Hanna)' I just \ilant to make sure thaithey are handled appropriately' One of the main concerns is with the professionalism of this process. A couple of things disturbed me during and after theP&Zmeeting that occurred on November 1$' First, during the proposal of Hanna ploperties to be rezoned to allow the building of 4 more'units' the members of the pubiic were able to askquestions about the proposed zone change' The context of the whole meeting (by both the public and the P&z cnmmitteefwas about the pros and cons of the rezone' Then when deliberation occorr"d, the whole context changed. The commiftee started talking about some of the concerns of the public and then u .o-.itt"" member said "wait a minute' our purpose is just to decide if legally (by code and regulation) *a pf,Vti"A$ it ca1 be done'" So my questions is' was this just a show? W1y jiO I even "ori"t Wft"i*"i tf(" p,rrpo.. of m. y coming and sharing my views' if by the opinion of theP&zcommittee, my comment, *"." invalidto their decision? Early in deliberation" a committee member stated "We hive 64 signatures in protest of this change how can lve even consider making this change?;-st o*ty there after,-ire was the one to second the motion to pass the zoning change' It is important to note that a good representation of those signatures also came in person to the meeting' secondly, during the deliberation, the committee brought up lhe comp Plan goals of thrc city{or our ' neiglborhooa. n .rro*eJ G goatis for our neighborh6od io become aparhnent complexes' of course we ' were all shocked. So after the decision tr"-conti ittee took a couple quistions. we probed about this goal of the city. we were told if we *"ru *t tppy about the goal,.it was up to us to prevent our homes from getting ..Bulldozedl. W"ff "ity councit.. .lii me muke a Jouple things clear- ..those are our homes; this is @ooz 17/28/2012 10:18 FAX 208 5335754 -.- lIU where we give shelter to our families. So if the goal of this city is to bulldoze our homes unless we do somethinfto stop it, then please, please listen to the members of this neighborhood. The only way for us to fight this is to use o.rr rnbi"". That's all we have. Please listen to the ones who LIVE in the neighborhood; not the developers who live elsewhere' Next, after the decision was made on the Hanna Properties proposal, the room cleared out. A few -"-'b"r, of the public stayed. Only one of my neighbors stayed. I didn't know what was on the agenda for the remainder of the rneeting but I thought I would stay for the entire meeting. The next topic turned out to be a z;;nechange for an addition to Ore Homestead Nursing Home. The proposal was given; no objections were madJby the public. ThenP&Z committee member, Ferguson, raised his hands in the air ,"id, ..\ilh"." are all theiitizens that were against Hanna's proposal? This is going to be worse thal a 4 unit aparfnent complex." At another point Mr. Ferguson said the same thing. He was reminded by Mr. Thuesen that should not have any weight on their decision. But when that is said, it shows the true colors of th" p"r*pective of the p&Z committee. The perspective that we are here just to complain is false. I remind you that these are OUR homes. We are not here to complain, but to protect. Lastly, I am a bit confirsed on the P&Z committee to be so determined to follow tre Comp Plan goal , but not delerrrined to following the goal of eliminating spot zoning. Everything in my neighborhood has been spot zoning. In the case of Hanna Properties, it is not in compliance with the requirements for the ,urr"ot zoning. FCZ Urought this to the attention of those at the meeting. This was one of the main reasons to get-the property r"roned, so it would then be in compliance. Later in the meeting Mr' Zollinger stated that &"o *ith [h. ion" change the properqy would still be out of compliance. During deliberation, however, members of the committee again went back to the reason to pass the reione, was to get it in compliance. But we were just told a few minutes earlier that it would still be out of compliance. Why *o"ia we change something that is out of compliance and then after the change still have it be out of compliance? There may be some things in this letter that seem questionablg. I am sure each meeting is recorded, so rather than question ." oo he said she said, please watch the full recording of the P&Z Committee meeting. I like the neighborhood I live in. There me good people here. It's not a wealthy neighborhood, it's not fancy, but we have worked hard for what we have. We cannot follow the recommendation of oneP&Z committee memberto move if we don't like it. Most of us have made sacrifices to get and build up what we have. I have written this letter to express my sincere concerns. I hope they have come across as concerns and not a whiny citizen. It is imperative thatthe public be heard. Just as we weae warned by the P&Z committee, it is up to us ifwe want our neighborhood to stay intact. I have been forward and honest in this letter and hope you will give serious aftention to the things I have said as well as to the many concerns my neighbors have expressed. Sincerely, Brandon Kuhns NRF RADIATION HEALTH @ oor oo Staff Revieu/ Rezone FIan rta Properties, LLC (- C"im unity Development Deportmenf cl r'f !: {) l: volc@rexburg.org www.rexburg,org STAFF REPORT Plrcne: 208.359.3020 Fox: 208.359.302235 Norrh l, Fost Rexburg, lD 83440 SUBJECT: APPLICANT: PROPDRTY OWNER(S): PURPOSE: PROPERTY LOCATION: IROPERTY ID: COMPRDHENSIVE PLAN: CURRtrNT ZONING: PROPOSAD ZONING: SURROUNDING LAND USES AND ZONING: APPLICABLE CRITERIA: AUT[IORITY: I. BACKGROUND Rezoning Application- File # n A0446 - Harura Properties, LLC Hanna Properties, LLC 850 East 7tr'North Rexburg,lD 83440 Flanna Ploperties, LLC Request is to rezone fi'om Low Density Residential2 (LDR2) to Medium Density Residerrtial 2 (MDR2) 137 North 3'd West Rexburg,lD 83440 ItPlil{x]3102 62662,ltPRlL\8102 6266s,1U'ltR.YB102 62664, RPRR-\810?62663 Moderate-H i gh Density Residential Lorv Density Residential 2 Medium Density Residential 2 Residential Low Density Residential2. Low Density Residential 3 City of Rexburg Development Code (Ordinance Code 1026) $ 6.13 Anrendments to lhis Ordinance $ 6.13 (E) "The Conmtissiorl,nay recornmend lhat the amendment be g'antecl as recptested, that it be modiJied, or that it be clenied" The Rexburg Development Code allows for the Commission to make recommendations to the City Council regarding whether or not the property should or should not be rezoned based on the criteria found in section $6.13. Case No. 12 00446 Page I IT. ilr. SITE DESCRIPTION The total area involved in this re-zoning request is approximately 0.76 acres, which if approved will result in changing a Low Density Residential 2 Zone (LDR2) into a Medium Density Reiidential 2(MDR2) Zone. ANALYSIS The request worrld require the Comrrrission and Council to review the proposal against one set of criteria, for the request to rezone. Staffhas asked the applicant if the neighborhood was willing to joirr in the zone change. The applicant stated that they were not ready at this time to join. He was instructed by staff that the probability of success fbr azone change was greater if it came in as half a block or greater. The applicant rvanted to pursue the change as requested. Below, staff has provided all the criteria listed by Ordinance 1026 (Development Code) that are required to be addressed, followed by staff s analysis of each criterion. Criteria Rezone Requests (86.13): fl, Be in confonnance with the City's Comprehensive Plun The Prefbmed Land Use Map identifres the property as Moderate to High Density Residential. T6e applicant has tequested Medium Density Residential 2 (MDR2) Zoning. This zone is allowed. b. The caprcity of existing public streels, utoter ond sewerficilities, storm drninogefacilities, solitl waste collection and disposal, and other utilities, The City Engineer did not voice a concern. c. The capocity oJ'existing pablic services, including but not linitei to, public safety services, public enrergencJ, services, schools, and parks otttl recreutional services. The City Engineer did not voice a conceln. The appropriate hnpact Fees lvill be collectecl prior to the issuance of a Building Per:mit. d. The potentialfor nnisances or lrcalth and safety ha4ards that nny adversely uffect nrljoining prolterties. Staff has reviewed and does not tbel the change will have a negative effect. The Cornrnission should review the potential impact of rneditun density zoning. e. Recent changes in land nse on adjoiniug properties or in the neighborhootl of the nmp rcvision. Land use changes have taken place at the Wolfe Lighting property in the recent past. f, Meels tlrc reqnirentents of the Contprehensive Plan. The Prefen'ed Land Use Map identifies the property as Moderate-t{igh Density MDR 2 is allowed in this group. Case No. 12 00446 IV. STAFF RECOMMENDATION If the Planning and Zoning Cornmission determines that all of the criteria are met, Staffrequests that the Planning and Zoning Commission recommend that City Council process the requested zone change rvith the lbllowing condition: l. The portion of the driveway that is lvider than 24' that is in the city right-of-rvay to be removed back to lot line. Grass and a concrete sidewalk to be added in this location. Case No. l2 00446 Page 3 i:lri{.}ll::" --"'--"-----''-' t{_1,){BUtlc i-+, '. _^--'_''',_ jk,drr:rri liDtrjlt ( irrjorrnitl P.O Box 280 35 North 1st Easl Rexburg, ldaho 83440 Phone (208) 359-3020 Fax (208) 359-3022Review Action October 22,2012 Permit Number: 12 00446 Project Name: Hanna properties, LLC - Rezone Project Type: Change in Zoning Review ltem Aptions Required for App.tg;rA_L_* Publib Works'Review Public Works Review Parcel#'s .-ApBrE-v-e-d 1012212012 RPRRXBT0264590 November L9,2Ot2 Terri L. Hepworth 275 North 2nd West Rexburg, ldaho 83440 HiTerri, Your letter to the Editor, published in the Standard Journal raised some interesting questions. lf I may, I would like to respond to your comments. In your letter you wrote: "Now they are plonning to toke away o play area to put in more apartments." Yes, there is a swing set and monkey bars on the lot for the children of our tenants to play on. There will continue to be a place on our land for the existing playground equipment. We will be adding additional playground equipment, the existing landscape will be improved, additional landscape added, and the dumpster will be screened from the road. "What about the apartment complexes already built that dre going into foreclosure?" I am not aware of any apartment buildings going into foreclosure. I do have knowledge of the demand by investors to purchase community housing complexes. The university is continuing to increase enrollment annually, driving the demand for additional housing. Vacant land and under-developed lots are prime areas for development, especially land that is close to the City center and within blocks of the University. "Weren't zoning laws to protect the neighborhoods? Now I'm beginning to leel like these laws ore there to be changed at the whim of any developer." In all of the meetings that you and I have attended at the same time the ramifications of the "Comprehensive Plan Map have been explained and discussed. No one from your "neighborhood" has requested that the "Comp Plon" be amended to change the current "vision" for future development of your "neighborhood"'. My request to re-zone is consistent with the Comprehensive Plan Map, a "vision" that was developed almost 12 years ago. The "Comp Plan" informs residents and developers/investors of the potential uses of each parcel of property in our city. "l heord thdt members ol the Planning and Zoning are olso the developers ol these apartments. Isn't that a conflict ol interest? I hope what I've heard is wrong." You heard right. There are several members if not all of the members of P&Z who own homes and property in Rexburg or Madison County and all of us have or will someday buy, build or invest in our community. How is that a conflict of interest? The members of Planning and Zoning do not make rules or enforce the development code. We make recommendations to the City Council. We expect to be treated like any other member of our community and we actively participate as members of P&Z in promoting responsible growth and development in our city. I also attended the meeting where Robert Grow discussed "Envision Utah". I am excited about the opportunities this approach will bring to our city and county. Please get involved, run for City Council, ask to be appointed by the Mayor to serve on Planning and Zoning or any number of other committees and organizations working to improve the quality of life in our community. We are working together to build a community that works for all of us. Quite frankly, I am surprised by all of the interest my request to build a four-plex has generated, especially where it will be on vacant land next to two other existing four-plexes that have been there for about 40 years. I will be surprised if anyone even notices another four-plex . Most people drive by and do not even realize that there is a 40 by 80 foot cinder block shop located in the back of our property. I have enclosed a drawing of our property that shows where the proposed 4-plex could be located in compliance with the Development Code of the City of Rexburg. please contact me if you desire additional clarification. I have asked that this letter together with your published letter in the Standard Journal be delivered to members of the Rexburg City Council in preparation for the public hearing on November 28,20L2. You have raised some excellent questions and I hope that my response to you will accurately address other people's concerns about my proposed zone change in your neighborhood. Thank you, Dan Hanna 850 East 7tn North Rexburg, ldaho 83440 cell: 208.520.2406 F\O c.,tlgct 6.;:(A ,^\o 6 0aAY'. _ o * q 8Ua 9fS Ss H Ffd Els S qahY 3o n s Eo**E En= 3f rleaE ;jE E!J nr H O=AU U PinAtrySs L ar,.r r,r;:4=Kpz zHE ES"lnnXE +;E PgH;gYzi;i,e?;?-'ri'-il5vr]r-Fr->tl> t- uu1auz -z- o- E - E -oOA ozt^l<<g<6zgzj-J < = o_ o4 o_ Ja J<(A( (AtL * \YS d ,.,r* ?.,'? t ,j_ 1'idJ r$gj, Idr x rc tL t+\ A $ad YOUR LETTERS Why are rve,siibjbctO4 ,': " to Larsont'column?, . I E<iitor. In iris Nov. 6 Standard Journal col- umn, Neal Larson laments the "death of civility" in our nation's political dis- coursq-asking "what in the world hap- pened?" ' ? '.,: He then proceeds to describe thosel who disagree with him politically as "people scrambling to be pampered, man- aged, regulated, and nursed at the'fi:at of big government funded by their @6fy' but productive neighbors" and compares their views to a cancerous tumor that needs to be excised. He also insinu- ates that President Obama is a liar, asserts that Obama's supporters have been "spewing" their "vile filthi and characterizes those with views different from his own as "socialists'who must be defeated no matter what. While Mr. Larson is certainly entitled to his opinions, is any of that civil? ' Is this type of discourse consistent' with the values we hold as members of this community and as Americans? Why are we as readers of the.Standard Journal being subjected to it week,:after week? Rexburg f,et's work together to : . ,. .r ' where people from the neighborhoods work together with planning and zon- ing to map out the development. THEY WORKED TOGETHER! This plan would be great for:Rexburg. I asked if this plan was goi"g to be implemented here. The answer wad YES.'I left that meeting feel- ing like we were starting to be heard. Now they are planning to take away a play area to put in more apartments. Mv question now is: WHATHAPPENED t6 ^THp PROMISED PLANNING COMMITTEE? Weren't zoning laws to protect the neighborhoods? Now I'm beginning to feel like these laws are there to be changgd at the whim ofany developer. What about the apartment complexes already built that are going into foreclo- sure? Why are we building more? Why aren't we fixing what's wrong? I heard that members of the Planning and Zoning are also the developers of these apartments. Isn't that a conflict of interest? I hope what I've heard is wrong. My pleas is: LETS WORK TOGETHER AND BUTLD A COMMUNITY THATwonxs ronALL'us. TOGETHERWE WIN! TERRI L. HEPWORTH Rexburg Thee Lighting Ceremony planned in Sugar City r' t '"'i Hall for the Tree Lighting Fund. : The Tree Lighting activities are scheduled at Heritage Park for Dec. 1 at 4:30 p.m. There will be fun and games for all ages until 5:30 when the Lighting Ceremony will take place. Plan A is for Snow Activities and Plan B for'No Snow' Jerse(3), I(55). If Idr state activities. Come, participate and enjoy Santa IClaus and treats. I It is wonderful to live and enjoy a com- munrty of supportive patrons! ' .SincerelY, VERLA P. MOSS Sugar CitY Elect,a Editc:l at th : prqs€ .,' St Eliza the l ,perfgt.',',Yc Y,9UIJulzz1T}thery com.p ,Tl build our community,, . Editor, l, , Recently,I have been involved with opposing some developing going on in our neighborhood. I would love for the weed patches-to disappear. However, what I se-e happening is over the top. i I?m not saying, 'NOT IN MY BACKYARD!" I'm saying'LET'S WORK TOGETHER TO BUILD A COMMUNITY THAT'S RIGHT FOR ALL OF US." __ J- was invited to a meeting at CityHall. A man from Utah presenied a plair + Editor, We have thrde weeks before the Tree Lighting Ceremony at Heritage Park in Sugar City. Unfortunately, many of the cords were cut during the Christmas sea- son last year. Now, we are able to place a camera and identify persons responsible for soriething like this happening again. This is a difficult time to ask for dona- tions to 'replace those cords. However, if every family in our community could donate $5 this year, we would have a wonderful display to enjoy which could be used over and over each year. Those donations could be dropped off at the City .on DoDular votes Editor, I am a Boy Scoui who is concerned about the electoral college. Because the constitution requires electoral votes to elect a president, morr: people could vote for oFe candidate but ihe-other candidate could still win and become president. Popular votes and electoral votes are compietelv different. We should eleit a president by popular votes, not electoral votes. One way to solve this problem is to change the constitution. Bgt that is a littledifficult r ', ,. , ,.'' Another way is for ehough individual we a states to pass the National Popular Vote , over BilI. I think Idaho should adopt this bill, lives which makes it so that the candidate drais who gets the most votes out of the':*hote !o e: natioln becomes president. If a certain Boss amount of states pass this bill (enough ity a to get 270 electoral'votes) each of their the f states will cast their electoral votes pant for whoever gets the most votes in the .V nation. mun: Some states have already passed the National Popular Vote Bill. 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Jr?-'*--r- -J _ .f,* fs-, N ; .t f> rJCA { r:) * \J \n t{\ U\\n :-=€)I- s <">, .j-, _-:> F *9G q J'4-'"tj ( .V :\ \Jo? 3 F"9.$ L '{.- $ b\"\j n\ \ J \:< ;> 4* -;, .-->. <:>-*"7 -at- s s(n(:1, ce ( oQ5 ErS (t\t\) \ r,r \ \ Y$\\ \ \'t-svfiG. -$t6 J \\ C JH >.. \e\tqJ s \J Ttc v-_T ":*<.-- €* rlN(n$u1 oo t Staff Revieur Re:one FIan rta Prop ertie s, LLC I I Communily Developmenl Deporfmenl 35 Norlh l.t Eosl SUBJECT: APPLICANT: PROPERTY OWNER(S): PURPOSE: PROPERTY LOCATION: PROPERTY ID: COMPREHENSIVE PLAN: CURRENT ZONING: PROPOSED ZONING: SURROUNDING LAND USES AITID ZONING: APPLICABLE CRITERIA: AUTHORITY: I. BACKGROUND The Rexburg Development Code allows for the Commission to make recommendations to the City Council regarding whether or not the property should or should not be rezoned based on the criteria found in section $6.13. CITY OF volc@rexburg.org www.rexDurg.org STAFF REPORT Phone:208.359.3020 Fox: 208.359.3022 REXBURG.' c\, A me rt ca\ Fami ly Co m munity Rezoning Application- File # 12 00446 - Hanna Properties, LLC Hanna Properties, LLC 850 East 7tn North Rexburg, tD 83440 Hanna Properties, LLC Request is to rezone from Low Density Residential2 (LDR2) to Medium Density Residential 2 (MDR2) 137 North 3'd West Rexburg, ID 83440 RPRRXB 1 02 62662, RPRRXB 1 02 6266 5, RPRRXB 1 02 6266 4. RPRRXB 1 02626 63 Moderate-High Density Residential Low Density Residential 2 Medium Density Residential 2 Residential Low Density Residential 2,Low Density Residential 3 City of Rexburg Development Code (Ordinance Code 1026) $ 6.13 Amendments to this Ordinance $ 6.13 (E) "The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied" Case No. 12 00446 IL III. SITE DESCRIPTION The total area involved in this re-zoning request is approximately 0.76 acres, which if approved will result in changing a Low Density Residential 2 Zone (LDR2) into a Medium Density Residential 2(MDR2) Zone. ANALYSIS The request would require the Commission and Council to review the proposal against one set of criteria, for the request to rezone. Staff has asked the applicant if the neighborhood was willing to join in the zone change. The applicant stated that they were not ready at this time to join. He was instructed by staff that the probability of success for a zone change was greater if it came in as half a block orgreater. The applicant wanted to pursue the change as requested. Below, staff has provided all the criteria listed by Ordinance 1026 (Development Code) that are required to be addressed, followed by staffs analysis of each criterion. Criteria Rezone Requests (Q6.13): a. Be in conformance with the City's Comprehensive Plan The Preferred Land Use Map identifies the property as Moderate to High Density Residential. The applicant has requested Medium Density Residential2 (MDR2) Zoning. This zone is allowed. b. The capacity of existing public streets, water and sewerfacilities, storm drainagefacilities, solid wuste collection and disposal, and other utilities. The City Engineer did not voice a concern. c. The capacity of existing public services, including but not limited to, pubtic safety services, public emergency services, schools, and parks ond recreational sewices. The City Engineer did not voice a concern. The appropriate Impact Fees will be collected prior to the issuance of a Building Permit. d. The potentialfor nuisances or health and safety hazards that may adversely affect adjoining properties. Staff has reviewed and does not feel the change will have a negative effect. The Commission should review the potential impact of medium density zoning. e. Recent changes in land use on adjoining properties or in the neighborhood of the map revision. Land use changes have taken place at the Wolfe Lighting property in the recent past. f. Meets the requirements of the Comprehensive Plan. The Preferred Land Use Map identifies the property as Moderate-High Density Residential. MDR 2 is allowed in this group. Case No. 12 00446 IV.STAFF RECOMMENDATION If the Planning and ZoningCommission determines that all of the criteria are met, staff requests thatthe Planning and Zoning Commission recommend that City Council process the requested zone changewith the following condition: The portion of the driveway that is wider than24'that is in the city right-of-way to be removed back tolot line. Grass and a concrete sidewalk to be added in this location. l. Case No. I *orrar o" u.-rutr. rro*r*"1 NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Plannin g & ZonngCommissionof the City of Rexburg,.Idaho, Thursday, November t, iTtz at7:05 p.m' atCity Hall located at 35 North 1.t East,Rexburg, Idaho, regatding (#12 00446) tezoning a property from Low Density itesidential 2 pDR2) to MediumDensity Residential 2 (1\,fDR2). The said property is located ^t 1,37 North 3'd West, in Rexburg, Madison County, Idaho, and more particularly described as follows: #1200446 - Rezone -HannaProperties, LLC Legal Description: Commencing at a point Noth 1,61,.00 feet from the Southeast corner of Block 26 of Oigpnal Townsite of Rexburg,I4adison County,Idaho, as per the recorded plat thereof, und runring thence \X1est 165.00feet; tirence South 1.00 feet; thence West 4.00 feet to the true point of begmmng; and thence \7est 81.0 feet; thenceNorth 105'00 feet; thence East 70.00 feet; thence South 2.33 feet;thence East 1.-1.00 feet; thence South 1,02.67 feetto the true point of beginning. loqmencing at a point North 161'00 feet from the Southeast comer of Block 26 of Ongpnal Townsite of Rexburg,Madison County, Idaho, as per the recorded plat thereo{ and running thence \X/est 84.00 feet; thence North 104.00feet; thence East 84.00 feet; thence South 104.00 feet to the point of beginning. Commencing at a point Noth 161.00 feet from the Southeast cornet of Block 26 of OngSnal Townsite of Rexburg,Madison County, Idaho, as per the tecorded plat thereof, and running thence 17est 84.00 feet to the true point ofbeginning; and thence West 81.00 feet; thence South 1.00 feet; thence West 4.00 feet; thence North 1,02.67 feet;thence East 85.00 feet; thence South 101,.67 feet to the true point of begrnning. Commencing at a potnt Noth 161.00 feet from the Southeast comer of Biock 26 of the Original Townsite ofRexbwg, Madison County, Idaho, as per the recorded plat thereof, and running thence r;Tesr 165.00 feet; thenceSouth 1.00 feet; thence STest 85.00 feet to the true point of beginning; and theice \X/est 80.00 feet; thence North105.00 feet; thence East 80.00 feet; thence South 105.00 feet to the true point of beginning. At such public hearing the Planning & Zoning Commission will hear all persons and allobjections andrecommendations relative to such ptoposed permits. The City Clerk wiil also accept written cornments at City Hallprior to 4:00 p.m. on October 31.,2012. This notice is given pursuant to the provisions of Section 67 -6509 and, 67 -6571 Idaho Code. and, all,amendments thereof. DATED this 9th day of Octobe\2012. CITY OF'REXBURG Blafu D. I(ay, City Clerk Publish: October 1,3 and October 27.2012 tvnll, Madison and Fremont counties Y" ,,1,S" *Y . "/ f ;r;r;ffi'o.";;nlr, ,rnn+{x1""'*r' I fil,y,Hcl,ffSi'tl.}ltfllT:,.;ilf;,I,JeremyCooley,beingfirstdulySworn'deposeandsay,,,nf\|ioiiows: that I am the circulation director of the STANDARD )' | #1200446- Rezone Hanna properties, srArE oF rDAHo . .,., ou:;, f l;";n,*-r*W*.:sl;*nlru?rfri#i Madison and Fremont Counties Y'l .ai,\t +iH r',4 lrn"saidorooerrvisronsrerrarlrTNnr JOURNAL, a 3 times a week newspaper published 3 times lttg.a week in Madison and Fremont counti"i;.h;Jil; f #ffiTH 13 , 2012 and the last publication having been made on I tn;lii sil{b.'is d;; i'ffi; b"asn r.oo October 27 ,2012. ll"^tLl,.ff:,^*uh 102:67 feet to the truepoint of beginning. r c,*:*5erV- /\ n'V (- ! oT.rrrD.rxD JOuKNAL \.-- ^. 1 Rexburg,Idaho 'l Nt: l. W Qf An+h^-., r,r^L^ ^d\. n7 lNOTtCEtSHEREByGtVEN,thatapub-St. Anthony, rdaho ld \9 *--,,&t ll#,ijin','F#,if.-nttol'J,5*il3,r**-Ashton, rdaho g-* [rr." lH,ijtt,.6:iilffHlliTflftf[",,$,,r?lAFFTDAVTT oF puBlrcArroN '\u . ,\,\b f ll;fttUHmi:ry1;miq.:- .,O". lllqnlLowDensty_Res'rt3l,fi't;ilBflEyt -----2 -4 ltlgliilillH:llilli,*i&Ha!'r,Ilil;iii[ulrulnt:lia;:'xru.lfllllSS?:.Y,",f; :lJ;T,l',i'i38?ffi F,.n:,L,srArE oF rDAHo ) lfi:,l!g3.?li%"il?",t3?,:fi:ii;:%'Sfit tr wecK rn rvlaolson and -hremont counties, Idaho; and I do laoffilcnqfiffidpoint Norffr tot.ooteetsolemnly swear that the Notice of Public Hearing, a copy of Itrom.the sodtheasi comeioi eioc* 2o oi' rvhinh nnf'np qh.aqro o++4^lr^r l_^-^+^ --.^^ ----Lr:_r-, r . ,, lOdginal Townsitbof Rexburg, trrtadisonwhich notice appears attached hereto, was published in the lil#fi:'i""ffH;LIi#iJ:bH3$:?Lregular and entire issue of said newspaper,-and not in any lli![i.il6fiij6Tliil?.Ub"i"".i,i[H.!5fl,8!1supplement issue, once each week thereof for 2 successiv" li.odffii'il"#ii,j";lYtiiSio[1ii1-r",issues, the first publication having been made on October landthencewestSl.0feettreiceN6ith | 105.00 feet; thence East 70.00 feet;. Further, that said newspaper is one of general circulation in l^ -said county; that it is alegal n"*rpup"i, conforming to 188fril313[,gt#f,ffi*!i*irlSktSrt??tlegal specifications under the Idahb Statuter; that it has at loilsilair-ownlite;iR;i:r;rrslrfiioi# leqcf frrrn hrrn.l,oJ ,-^-^ r:J^ ^,.L^^_,L^..^ 1:,_:_- _ :,r . ., lCoInty, ldaho, as pertne rubnted oiarleast two hundred bona fide subscribers living within the l,Y8iJyilXflL;frfr"{nff.3ff:1?gf]3i ::y:9":,r^*,bli"::.,,",1::d,ihil i: li, b=i continuousry.ang I L%"$ $.:BB?S?,1[J#;ogJi,,J,',Bilio%*unintenuptedly published in said county during a period of lioi"# point or besinning. seventy-eight consecutive weeks prior to the first | _o.^i^^.r. ^^,^. ^,^*^ ,o.pubrication or the said notice . u r'u 'rsl lf;S#il3Tl.9t#f.ffiI;'Uiuir13kTJfft ) lof beginning. CoUNTy OF MADIS oN ) | commencing at a point Norrh I 61 .oo reet lllon1the So'4heast comer of Block 26 of duly sworn, declared that the sratemenr therein aie true, and 19,0,Q9.1e9!!p1;j-Sdti:lbSobieettoacknowledged to me that he executed the same. lthe lrue point ol beginning' on this zsth day of october in the year or 2012 berore me, l:l?gtllfl l8#i]"f."JJiil31!gdJyrli'a Notary public, personauy appeared Jeremy cootey, l?lfrtliiSSi:$ilXif$f,flili:Bfi.dyi',known or identified to me to be the person whose ni-" ltn6ce Walt'iis.tili'rEiiilitiiJi'i,l point otsubscribed to the within instrument, and being by me first lfi.ltilllfld,fiiid!:db't$ifl.ttStt;$t, At such public hearino the Plannino &Zoning Commission frill hear all pe-rsonsand all objections and recommendationsrelative to such proposed permits. TheCity Clerk will also iccept written com-qre.nls at qity_ Halt prior rb 4:00 p.m. onOctober 31. 2012.' Lynzi Neville Notary Public State of ldaho This notice is given pursuant to he Drovi-sions of Section 67-6509 and 67-6Si 1ldaho Code, and all amendmenb thereof. DATED this 9th day of October, 2012. ary Public for Idaho Residing at Rexburg, Idaho My commission expires: February 2,2015. CITYOF REXBURG lZa o <{q b 3<:u'tu2"'l,srntrrr-?rq)Tfutb' rL.''i'-+-mr#T.'* tr tt*t.;S 35 Norfh l.t Eost Rexburg, lD 83440 Cerlificole of Mqiling City of Rexburg Phone: 208.359.3020 Fox: 208.359.3022www.rexourg.org File#: l}..-(qq[. File Name'R,*1o iui - iln iL t Lt,. {r'lrr1l tlrr-,L lC I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this ;ZA-a^y or k{e tx'<.20 i z mailed to the following parties: (See attached Mailing List) /- r'17 IA,, r(- f rIc;tLt.W,* oo NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Pubiic Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, November 1, 2072 at 7 :05 p.m., at City Hall located at 35 North 1 .t East, Rexburg, Idaho, regarding (#12 00446) rezoning a property from Low Density Residential 2 QDF.2) to Medium Density Residential 2 (1\4DR2). The said property is located ^t "137 North 3'd West, in Rexburg, Madison County, Idaho, and more particulady described as follows: #12 00446 - Rezone - Hanna Properties, LLC Lesal Description: Commencingat apoint North 161.00 feet from the Southeast comer of Block 26 of Original Townsite of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence \)7est 165.00 feet; thence South 1.00 feet; thence West 4.00 feet to the true point of begnning; and thence West 81.0 feet; thence Noth 105.00 feet; thence East 70.00 feet; thence South 2.33 feet; thence East 11.00 feeu thence South 702.67 feet to the true point of beginning. Commencing at a point North 161.00 feet fiom the Southeast comer of Block 26 of Original Townsite of Rexburg, Madison County, Idaho, as per the tecorded plat thereof, and running thence STest 84.00 feeq thence North 104.00 feeq thence East 84.00 feet; thence South 104.00 feet to the point of beginning. Commencing at a point North 161.00 feet fiom the Southeast corner of Block 26 of Originat Townsite of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 84.00 feet to the true point of beginning; and thence West 81.00 feet; thence South 1.00 feet; thence West 4.00 feet; thence North 702.67 feet; thence East 85.00 feet; thence South 101.67 feet to the true point of beginning. Commencing at a point North 161.00 feet ftom the Southeast corner of Block 26 of the Original Townsite of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 165.00 feet; thence South 1.00 feet; thence West 85.00 feet to tlle true point of begrnning; and thence West 80.00 feet; thence North 105.00 feet; thence East 80.00 feet; thence South 105.00 feet to the true point of beginning. At such public hearing the Planning & Zoning Comrnission will hear all persons and allobjections 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 October 31,2012. This notice is given pursuant to the ptovisions of Section 67 -6509 and 67 -65L1 Idaho Code, and all amendments thereof. DATED this 9th day of October,2072. CITY OF REXBURG Blair D.IGy, City Clerk Publish: October 1,3 and October 27.2012 JI -- I l c{rg ox g '!l3 ?, '4 il Research Neeilqd,,For: I .l', / ANDERSON GARTH L 320 CUL DE SAC DR REXBURG.ID 83440 BACKSTEIN MARK 355 CUL DE SAC DR REXBURG,ID 83440 ,/ \. .r'BARNES JqI{N P 3r9 CUL\PE SAC DR REXBURG,ID 83440,'. \ ,* \\l ,,f BRUNSOT{ STEPHANIE 351 CUL DEQAC DR REXBURG , IE\93440 CHADWICK TERRY LEE 369 W 2ND N REXBURG,ID 83440 GEISLER STEVE 7lN3W REXBURG.ID 83440 HANCOCK J D 124SlW REXBURG,ID 83440 HARVEST HOME LLC I2gZMEADOWVIEW AVE REXBURG,ID 83440 / HANNA P{OPERTIES LLC 850 ETTI{N REXBURG,ID 83440 Roqearch Needed For: RPRDRSDOOOROAD ARCHIBALD J KEITH 354 CUL DE SAC DR REXBURG,ID 83440 BARNES JOHN P 3I9 CUL DE SAC DR REXBURG,ID 83440 BEGAYE LARRYD 126 N 3RD W REXBURG.ID 83440 BRTINSON STEPHANIE 35I CUL DE SAC DR REXBURG,ID 83440 COYKRISTYA 317 W 2ND N REXBURG,ID 83440 GIBB RONALD H 329WlN REXBURG,ID 83440 HANNA PROPERTIES LLC 850 E 7TH N REXBURG,ID 83440 HANN\PROPERTIES LLC 850 E 7Tt{.N REXBURG:'ID 83440 HENDERSON MICHAEL N 175 N 3RD W REXBURG,ID8344O ALLEN DON IISN3RDV/ REXBURG,ID 83440 lr,ARCHIqALP{KEITH 354 CULI,PE SAC DR REXBVRG\,,ID 83440 BARNES J P 319 CUI,E SAC DR , ID 83440REXB BRUNSONKRISTINE 1258 N 45TH E IDAHO FALLS.ID 8340I CALDERWOOD RICHARD 2790 N VIEW RIDGE DR NORTH LOGAN. UT 8434I DAYLONG JARED M 139 N 3RD W REXBURG.ID 83440 GROVERJUSTIN 77N3RDW REXBURG,ID 83440 \/HANN,qPRO.PERTIES LLC 850 E 7T\{ N REXBURq,,ID 83440 HANOSKY KARL J JR 330WlN REXBURG.ID 83440 HILL KENNETH RAY 318WlN REXBURG,ID 83440 .i. HILL RAYMOND K 328 E MAIN REXBURG " ID 83440 JENKINS JAMES ZACHARY 328 CUL DE SAC DR REXBURG " ID 83440 JEPHSON ROGER ALLEN & 274 W ISTN REXBURG.ID 83440 KNIGHT CHAD 142 N 3RD W REXBURG.ID83440 LEE TROY S 358 W 4TH S REXBURG,ID 83440 MICHAELS ROBERT F 350 CUL DE SAC DR REXBURG,ID 83440 PAREDES JOE A 308WlN REXBURG,ID 83440 RHODES SHEILA 167N3W REXBURG.ID 83440 SARE KENNETH E 369WlN REXBURG,ID 83440 HOOK MICHAEL D 148 N 3RD W REXBURG,ID 83440 JENSEN FAMILY TRUST 168 N 3RD W REXBURG,ID 83440 JOHNSON DEAN T 265WlN REXBURG.ID 83440 KNIGHT CONNIE J & 4617 DOWERDR ELLICOTT CITY, MO2IO43 MCFADDEN KEVIN W 182 N 4TH W REXBURG,ID 83440 MITCHELL JIMMIE D 7lKST REXBURG,ID 83440 PARISH LEEANN 34I CUL DE SAC DR REXBURG,ID 83440 PEARSONDAVE P O BOX 542 REXBURG,ID83440 zuCKS BRUCE ETUX 122 N 4TH W REXBURG.ID 83440 SESSIONS ALLEN L TRUST 12380 NE YAMHILL RD CARLTON . OR 97I I I HOWE GLORIA 74N3RDW REXBURG,ID 83440 JENSEN WAYNE M 405 E CENTER ST SUGAR CITY. ID 83448 KLOTZER KAREN LILES 3993 E 480 N RIGBY .ID 83442 KUHNS BRANDON L l15 N 3RD W REXBURG.ID 83440 MCLEAN JESSE 335 W ISTN REXBURG.ID 83440 E DEE PARKINSON KATHLEEN 252WlN REXBURG.ID 83440 PECK KENDALL D 363WlN REXBURG.ID 83440 ROSS CHET L 27lWlN REXBURG.ID 83440 SIEPERT SHAWN D 260W ISTN REXBURG,ID8344O MITC t\ SMITHJOHNPAUL 354 W lSTN REXBURG.ID 83440 STEWART MARILYN l49N3W REXBURG " ID 83440 VERSEY CALEB 176 N 4TH W REXBURG,ID 83440 WILLIAMS SHIRLEY 140 N 4TH W REXBURG.ID 83440 w SMITH REBECCA L 26045 LANDSBURG RD SE RAVENSDALE. 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WA 9805I BRUNSONKRISTINE 1258 N 45TH E IDAHO FALLS.ID 8340I CALDERWOOD RICHARD 2790 N VIEW RIDGE DR NORTH LOGAN. UT 8434I DAYLONG JARED M 139 N 3RD W REXBURG,ID 83440 GROVERJUSTIN 77N3RDW REXBURG,ID 83440 VERSEY CALEB 176 N 4TH W REXBURG.ID 83440 HANOSKY KARL J JR 330WlN REXBURG,ID 83440 HILL KENNETH RAY 318WlN REXBURG.ID 83440 HILL RAYMOND K 328 E MAIN REXBURG " ID 83440 JENKINS JAMES ZACHARY 328 CUL DE SAC DR REXBURG,ID 83440 JEPHSON ROGERALLEN & 274 W ISTN REXBURG.ID 83440 KNIGHT CHAD 142 N 3RD W REXBURG " ID 83440 LEE TROY S 358 W 4TH S REXBURG,ID 83440 MICHAELS ROBERT F 350 CUL DE SAC DR REXBURG " ID 83440 PAREDES JOE A 308W1N REXBURG,ID 83440 SMITHJOHNPAUL 354 W ISTN REXBURG " ID 83440 RHODES SHEILA 167N3W REXBURG.ID 83440 SAREKENNETHE 369WlN REXBURG,ID 83440 HOOK MICHAEL D 148 N 3RD W REXBURG,ID 83440 JENSEN FAMILY TRUST 168 N 3RD W REXBURG,ID 83440 JOHNSON DEAN T 265WlN REXBURG " ID 83440 KNIGHT CONNIE J & 4617 DOWER DR ELLICOTT CITY, Ie4O2IO43 MCFADDEN KEVIN W 182 N 4TH W REXBURG,ID8344O MITCHELL JIMMIE D TIKST REXBURG,ID 83440 PARISH LEEANN 341CUL DE SAC DR REXBURG.ID 83440 PEARSONDAVE P O BOX 542 REXBURG.ID 83440 zuCKS BRUCE ETUX 122 N 4TH W REXBURG,ID 83440 SESSIONS ALLEN L TRUST 12380 NE YAMHILL RD CARLTON , OR 97I 1 I HOWE GLORIA 74N3RDW REXBURG.ID 83440 JENSEN WAYNE M 405 E CENTER ST SUGAR CITY.ID 83448 KLOTZER KAREN LILES 3993 E 480 N RIGBY.ID83442 KUHNS BRANDON L l15 N 3RD W REXBURG,ID 83440 MCLEAN JESSE 335 W ISTN REXBURG.ID 83440 TIETJEN ASHLEY 146 N 4TH W REXBURG,ID 83440 PARKINSON KATHLEEN 252WlN REXBURG,ID 83440 PECK KENDALL D 363WlN REXBURG.ID 83440 ROSS CHET L 27lWlN REXBURG,ID 83440 SIEPERT SHAWN D 260 W ISTN REXBURG.ID 83440 Receipt Number:13:ff9x'i 35 North 1st East / Rexburg, tD. 83440 Phone (208) 359-3020 / Fax (208) 359-3022 12004,/,6 12004/,6 RPRRXBI02t Rezone RPRRXB102( public Hearing Notice Fee $750.00 $500.00 $2s0.00 Total: $500.00 $250.00 $0.00 $0.00 $750.00 fI l'i -: i:;:'i::::i'.:;:;;: i: i : :i:liitiir Iiiiiir:,i;ll.ili; j ,l,j ii::,j .i. 'l i*:il?r.iii -1;ii i ,j i l:llili,rf iliii ,i:iili: 1l'i i'iu : i'-"!:.in': i;i[! iiri: 'ii]s i i: r'Lriiiit iirl fir:iili.ii'iii ii]ll T:iil ,liii i,*[iii l]j'-1;iii i i'+ { :ii:.ii i iii:;:lti[,3, iri"i]r- j i; .r Iii; i ij; li'i-j;.i ir l. li.:,liilr i-l'-r *iiii Hilr;l ii .lil.[ .t-tii'i '::L:i r :',i 1 $ 750.00 ocT 0 5 2012