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Home My WebLink About20-00545 - RFD - 15 N 12th W - DBA MOTHER HIBBARDS - Annexation 1 | Page #20 00545 Annexation 15 N 12th W – Mother Hibbards 1. July 8, 2020, An application was received for Annexation of 15 N 12th W, Mother Hibbards’. Land will keep current Community Business Center (CBC) zoning. 2. July 14, 2020, Payment for the application was received. 3. May 21, 2020, An Affidavit of Legal Interest was received. 4. July 21, 2020, The Staff Review Summary was sent to Arielle Cherry. 5. July 21, 2020, Notice was sent to the newspaper to be published on July 246th and August 14th. 6. July 22, 2020, An official notice of the hearing and public hearing instructions were mailed to all adjacent property owners within 350’ of the parcel. 7. August 12, 2020, Notice was posted on the property facing W Main Street. Documents were completed and sent to the Commissioners. 8. July 2, 2020, Arielle Cherry presented the application to the Planning & Zoning Commission. 6:35 p.m. – (20-00545) – 15 N 12th W – Annexation to the City of Rexburg; Keep current Community Business Center (CBC) zoning. (action) – Arielle Cherry The Applicant is requesting to hook up to city sewer, which requires annexation for a reduced monthly cost. The parcel is contiguous to the city boundary. The parcel is included in the city’s Comprehensive Plan map. Applicant Presentation – Arielle Cherry – 3951 Spring Creek Drive – She is here to annex Mother Hibbard’s. On the ownership paperwork, it is Connie & Duffy Enterprises. The business wants to hook up to city sewer. The city is in moving in and around her business and it is only a matter of time when she will be annexed; now is as good as time as any. Commissioner Questions: None Staff Report: Planning & Zoning – Alan Parkinson – The annexation was requested by the Applicant. The sewer and water lines were being upgraded to the east of this parcel, allowing an opportunity to attach to city services at the same time. The application has been 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Reason for Decision City of Rexburg 2 | Page reviewed and she has met the standards required by the application. Staff supports the request. Mother Hibbard’s is currently hooked up to city sewer. She can hook up to city sewer without annexation; it will just cost her more. The Applicant will remain on their own water and can continue on their own personal well as long as they want to. Commissioner Questions for Staff: Chairman Greg Blacker asked where the sewer line is currently. The line is on the east side of the road. Where is the city water line? The line is there in the street. Aaron Richards asked when someone hooks on to city sewer, do they have to abandon the existing leach field, tank and all other equipment? Arielle answered from the audience, all the sewer tanks had to be emptied, dismantled, crushed and abandoned. The line was bored under the road to connect on the north side of the building. Vince Haley asked when construction would happen on the road. This fall, the N 12th W road will be widened. For Hwy 33, ITD has not given the city a timeline, yet. There will be widening happening between the intersection and the highway. None of the surrounding buildings will be affected. Greg Blacker asked if neighbors were notified. All of the neighbors were notified the annexation was taking place. Stephen Zollinger, City Attorney, talked to the owner of the property around Mother Hibbard’s; the owner is not interested in annexing. Sally Smith identified the city boundary. This is the first lot west of N 12th W and north of Main Street. Conflict of Interest? - Chairman Greg Blacker asked the Commissioners if they have a conflict of interest or if they have been approached by any parties relative to this particular subject. If you believe your prior contact with respect to this subject has created a bias, you should recuse yourself, otherwise at this time please indicate the nature of your conversation or contact. None. Written Correspondence: None Favor: None Neutral: None Opposed: None Rebuttal: None Chairman Greg Blacker asked if anyone else would like to speak. He closed the public input portion of the hearing at 6:42p.m. Commissioners Discussion: None MOTION: Motion to approve the annexation of 15 N 12th W and keep the current Community Business Center (CBC) zoning in order for her to hook up to city sewer., Action: Approve, Moved by Steve Oakey, Seconded by Kristi Anderson. Commission Discusses the Motion: None VOTE: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Aaron Richards, Greg Blacker, Kristi Anderson, Sally Smith, Steve Oakey, Todd Marx, Vince Haley. 9. September 2, 2020, the application was presented to City Council. 3 | Page Public Hearing 6:50 PM: Annexation of 15 North 12th West (DBA Mother Hibbards) 20- 00545, Ordinance No 1234 First Read – Alan Parkinson Planning and Zoning Administrator Parkinson reviewed the annexation request at approximately 15 North 12th West. The property owner is requesting to be annexed into the city because the property is currently hooked up to the city sewer line and the cost of sewer is more expensive for a property outside of the city limits. He said the property is not connected to the city’s main water line and the property owner doesn’t desire to connect to city water. Mayor Merrill opened the Public Hearing 4 | Page Public Testimony in favor of the proposal (5-minute limit): Public Testimony in neutral to proposal (5-minute limit): Public Testimony opposed to the proposal (5-minute limit): Mayor Merrill closed the Public Hearing for deliberations Council Member Mann expressed his concerns with the shape of the city limit border becoming too jagged. Council President Busby moved to approve Ordinance No. 1234 the Annexation of 15 North 12th West (DBA Mother Hibbards); Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council President Busby The motion carried 10. September 16, 2020, the application was considered 2nd Read by City Council. Second Reading: Those items which have been first read: 1. Ordinance No 1234 Annexation of 15 North 12th West (DBA Mother Hibbards) #20- 00545 ORDINANCE NO. 1234 Annexing Approximately 15 North 12th West AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Mann moved to approve Ordinance No 1234 Annexation of 15 North 12th West (DBA Mother Hibbards) and consider second read; Council President Busby seconded the motion; Mayor Merrill asked for a vote: 5 | Page Those voting aye Those voting nay Council Member Flora None Council Member Johnson Council Member Mann Council Member Walker Council Member Wolfe Council President Busby The motion carried 11. October 7, 2020, the application was considered 3rd Read by City Council and considered for final approval. City Council October 7, 2020 Third Reading: Those items which have been second read: Ordinance No 1234 Annexation of 15 North 12th West (DBA Mother Hibbard’s) #20-00545 ORDINANCE NO. 1234 Annexing Approximately 15 North 12th West AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Council Member Walker moved to approve Ordinance No. 1234 Annexation of 15 North 12th West (DBA Mother Hibbard’s) and consider third read; Council Member Johnson seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Wolfe None Council Member Johnson Council Member Mann Council Member Walker Council President Busby The motion carried