HomeMy WebLinkAboutAPPLICATION - 09-00266 - Willowbrook Apartments - CUP to add two 4-plexes, each a 2 bedConditional Use Permit U v .
j City of Rexburg o
I 12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
Fee(s) Paid: Yes/No CUP: $250.00
Publication: $200.00
Applican
Name: X" �Q^� ��'�- Address: _ -L2-7 7
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City: F-- c.M - State: Zip: F)YYo Phone:
Owner (Complete if owner not applicant)
Name:
City:
Address:
State:
Phone:
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Property Covered by �i � Permit:
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Address: 'z3� / 3 S, lone: D
�al Description (Lot, Block, Addition, Division Number)
*Please attach a vicinity map of the property to this application.
Nature of Request (Briefly explain the proposed use)
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Existing use of property: 49 : do w 6" o Ayla
Will this have an impact on schools: l^ti r Ir- e u e-�
quirements for Granting Conditional Use Permit
.e following information will assist the Commission and/or City Council to determine if your proposal will meet
the requirements under the zoning ordinance.
1. What is the estimated water usage per month? Are the existing mains adequate to provide fire protection?
2. What is the estimated sewer usage per month? Will pretreatment be necessary?
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3. What is the estimated daily traffic to b__eII generated? Will the traffic be primarily private vehicles or commercial
treks? Y /- O r -e
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 dtain available? Is it at capacity? If so, will
new facilities be constructed? rl e_fm 5"C2, 0 Lu: r+" cmc t' s ,mss
L[f proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi -
y for young families, singles and couples, or elderly?.,
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i — 3 b—d .(` o 0 V_ZXk ' h. -o u- Z -07. What provision has been made for fire protection? Where is the nearest fire hydrant. Is any point of the
buildinyQ further than150feet from access sufficient in width for fire fighting equipment?
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8. How much parking is being provided on-site? Do the aisle widths and access points comply with the ordinance
requirements? Has landscaping been provided in accordance with the ordinance?
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9. Where will solid waste generated be stored? Is access adequate for the City collection?
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10. What is the type of noise that will be generated by the use? What are the hours of noise generation?
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) What type of equipment will be used in the conduct of the business?
12. What are the e surrounding land uses? Has buffering been provided as required by the ordinance?
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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? vo—'4—_,
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?
16.Ifa
multi -family, or public assembly use where is the nearest collector street? Arterial street?
What, if any, signage is anticipated in connection with the proposed usage? }t. e
The Commission or Council may address other points than those discussed above, but a narrative addtessing at
least those applicable points will assist in processing your application. A PLOT PLAN MUST BE ATTACHED IN
ORDER TO PROCESS THIS APPLICATION. Included on the plot plan setbacks, parking, etc.
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 90 day period to cure the problem. Failure to
comply with the terms may result in revocation of the Conditional Use Permit.
Signature of Apfficant Date
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BLOCK NUMBER `t A•SCALEW"=100'
AMERICAN LAND TITLE CO.
This plat is made for location purposes only, no liability is
assumed hereto for any incorrectness with actual survey
EXHIBIT "A"
l Legal Description
I �3Y l2Yv CJ. lsfi S.
PARCEL 1:
Commencing 215 feet North of the Southwest comer of Lot 4, Block 41 of the Original Rexburg Townsite,
Madison County, State of Idaho, as per the recorded plat thereof, and running thence North 32.5 feet; thence
West 25 feet; thence North 82.5 feet; thence East 107.5 feet; thence South 115 feet; thence West 82.5 feet to
the point of beginning.
PARCEL 2:
Tract 1:
Commencing 247.5 feet North and 25 feet West of the Southwest comer of Lot 4, Block 41 of the Original
Rexburg Townsite, Madison County, State of Idaho, as per the recorded plat thereof, and running thence North
82.5 feet; thence West 188 feet more or less to the Oregon Short Line Railroad right of way; thence running
along said right of way in a Southwesterly direction 97feet; thence East 239.02 feet to the Point of Beginning.
SUBJECT TO an Easement to U. S. West Communications, Inc., a Colorado Corporation, recorded July 2,
1992, as Instrument No. 242885. Said easement being for telecommunication facilities.
Tract 2:
TOGETHER with a right of way easement for ingress and egress of vehicular and pedestrian traffic over and
across the following described property:
Commencing at the Southwest comer of Lot 4, Block 41, aforesaid, and running thence North 215 feet; thence
East 20 feet; thence South 215 feet; thence West 20 feet to the point of beginning.
TOGETHER with a right of way easement for ingress and egress for vehicles and pedestrians, described as
follows:
Commencing at a point 215 feet North of the Southwest comer of Lot 4 in Block 41 of the original Rexburg
Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence North 32.5 feet; thence
West 25 feet; thence North 16.5 feet; thence East 41.5 feet; thence South 49 feet; thence West 16.5 feet to the
point of beginning.
PARCEL 3:
Commencing at the Southeast corner of Lot 3, Block 41 of the Original Rexburg Townsite, Madison County,
Idaho, and running thence North 165 feet; thence West 75 feet; thence South 165 feet; thence East 75 feet to
the point of beginning.
PARCEL 4:
Tract 1
Commencing at the Southwest comer of Lot 4, Block 41, of the Original Rexburg Townsite, Madison County,
State of Idaho, as per the recorded plat thereof, and running thence North 110 feet; thence East 82.5 feet; thence
South 110 feet; thence West 82.5 feet to the point of Beginning.
SUBJECT TO a right of way and easement for ingress and egress for vehicular and pedestrian traffic over and
across the West 20 feet of the above-described property.
Tract 2:
Commencing 110 feet North of the Southwest corner of Lot 4, Block 41 of the Original Rexburg Townsite,
Madison County, State of Idaho, as per the recorded plat thereof, and running thence North 105 feet; thence
East 82.5 feet; thence South 105 feet; thence West 82.5 feet to the Point of Beginning.
Tract 3:
An undivided one-sixth interest for right of way in and to the following:
Commencing at a point 12 rods North of the Southeast comer of Lot 4, Block 41, aforesaid, and running thence
West 15 rods; thence North 1 rod; thence East 15 rods; thence South 1 rod to the Point of Beginning.
Upon Recording Rehm b:
.Thomson Law Offices. Chid.
P. O. Box 609
Rcxbwg, ID 93440
QUITCLAIM DEED
TRANSFERORS, RANDY K. LANDON AND SUSAN R. LANDON, of 2287 West 4200 South,
Rexburg, Madison County, Idaho, for good and valuable consideration, the receipt whereof is hereby
acknowledged, does REMISE, RELEASE and forever QUITCLAIM, unto WILLOWBROOK
APARTMENTS, LLC, an Idaho limited liability company, of 2287 West 4200 South, Rexburg, Madison
County, Idaho, as TRANSFEREE, and to Transferee's heirs and assigns, forever, all right, title and interest, if
any exists therein, of whatever kind and nature without warrantypertainingto the following described real estate,
situated in the County of Madison, Idaho, to -wit:
See Exhibit "A"
In construing this Deed, and where the context so requires, the singular includes the plural and the
masculine the feminine and the neuter.
IN WITNESS WHEREOF, the said TRANSFEROR has hereunto set his hand and seal thisQL7day
of September, 2006.
Instrument # 331573
REXBURG, MADISON, IDAHO
200610-02 10:30: NO. 0 1s 2
Retarded Iw : THOMSO AW OF S
MARILYN R. RASMUSSE - Fee: 6.00
EKO/ficb Recorder D
STATE OF IDAHO )
:SS
County of Madison )
TRANSFERORS:
� 16-1
Randy K. Landon
'n/
Susan R. Landon
On this &:21 day of September, in the year of 2006, before me, a Notary Public in and for said State
personally appeared RANDY K. LANDON and SUSAN R. LANDON, husband and wife, known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed
the same.
MARNAE SUNDB C
NOTARY PUBLIC
STATE OF IDAh10
QUITCLAIM DEED
Notary Public for I aho
Residing In:
My Commission Expires: //— /1-5-
QUITCLAIM
S
EXHIBIT "A"
Legal Description
PARCELI:
Commencing 215 feet North of the Southwest comer of Lot 4, Block 41 of the Original Rexburg Townsite,
Madison County, State of Idaho, as per the recorded plat thereof, and running thence North 32.5 feet; thence
West 25 feet; thence North 82.5 feet; thence East 107.5 feet; thence South 115 feet; thence West 82.5 feet to
the point of beginning.
PARCEL 2:
Tract 1:
Commencing 247.5 feet North and 25 feet West of the Southwest comer of Lot 4, Block 41 of the Original
Rexburg Townsite, Madison County, State of Idaho, as per the recorded plat thereof, and running thence North
82.5 feet; thence West 188 feet more or less to the Oregon Short Line Railroad right of way; thence running
along said right of way in a Southwesterly direction 97feet thence East 239.02 feet to the Point of Beginning.
SUBJECT TO an Easement to U. S. West Communications, Inc., a Colorado Corporation, recorded July 2
1992, as Instrument No. 242885. Said easement being for telecommunication facilities.
Tract 2:
TOGETHER with a right of way easement for ingress and egress of vehicular and pedestrian traffic over and
across the following described property:
Commencing at the Southwest comer of Lot 4, Block 41, aforesaid, and running thence North 215 feet; thence
East 20 feet; thence South 215 feet; thence West 20 feet to the point of beginning.
TOGETHER with a right of way easement for ingress and egress for vehicles and pedestrians, described as
follows:
Commencing at a point 215 feet North of the Southwest corner of Lot 4 in Block 41 of the original Rexburg
Townsite, Madison County, Idaho, as per the recorded plat thereof, and running thence North 32.5 feet; thence
West 25 feet; thence North 16.5 feet; thence East 41.5 feet; thence South 49 feet; thence West 16.5 feet to the
point of beginning.
PARCELS:
Commencing at the Southeast comer of Lot 3, Block 41 of the Original Rexburg Townsite, Madison County,
Idaho, and running thence North 165 feet; thence West 75 feet; thence South 165 feet; thence East 75 feet to
the point of begimmng.
PARCEL 4:
Tract 1
Commencing at the Southwest comer of Lot 4, Block4l, of the Original Rexburg Townsite, Madison County,
Slate of Idaho, as per the recorded plat thereof, and running thence North 110 feet; thence East 82.5 feet; thence
South 110 feel; thence West 82.5 feet to the point of Beginning.
SUBJECT TO a right of way and easement for ingress and egress for vehicular and pedestrian traffic over and
across the West 20 feet of the above-described property.
Tract 2:
Commencing I10 feet North of the Southwest comer of Lot 4, Block 41 of the Original Rexburg Townsite,
Madison County, State of Idaho, as per the recorded plat thereof, and running thence North 105 feet; thence
East 82.5 feet; thence South 105 feet; thence West 82.5 feet to the Point of Beginning.
Tract3:
An undivided one-sixth interest for right of way in and to the following:
Commencing at a point 12 rods North of the Southeast comer of Lot 4, Block 41, aforesaid, and running thence
West 15 rods; thence North 1 rod; thence East 15 rods; thence South 1 rod to the Point of Beginning.
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THIS INDENT -URE, made this sixteenth day of September , 1976
between Thomas Blair Cook and Verla R. Cook, husband and wife
Of Rexburg , County of Madison , State of Idaho
the party of the first part and .Ricks and Landon Construction Company
139 North 3rd West
of Rexburg , County of Madison , State of Idaho ,
the party of the second part, u
WITNESSETH, that the said party ofhe first part, for and in consideration of the sum of ($12,600.00)
Twelve Thousand Six Hundred and no�100'tea***a***********�'*'***'*'**************•Dot/ars
lawful money of the United States of America
to party of the first part in hand paid by the party of the second part, the receipt whereof is hereby acknowledged,
has granted, bargained, sold, and by these presents, does grant, bargain, sell and convey and confirm unto the said
party of the second pant, and to party of the second part's heirs and assigns, forever, all the following described real
estate situated in Rexburg , County of Madison ,
State of Idaho, to -wit:
Commencing a: a point 165 feet North of the Southease corner of Lot ?,
in Block 41, of the Original Rexburg Townsite, Madison County, Idaho
and running thence North 165 feet; thence West 213 feet, more or less
to the Oregon Short Line Railroad right of way; thence running along
said right o: v:ay in a Southwesterly direction 194 feet; thence East
304 feet to the point of beginning.
TOGETHER with all and vm4ulin th,r tenement., hereditaments and appurtenances thereunto belonging or
in an}'n'ise appertaining. and the re%er-ion nnrt re•reninns, remainder and rernninders, and rents, issues onrd profits
rhereof; and all esrnte, right, title nod inn•re.t in rad to the said ptupert}'. as well in law as in equity, of the said
parte of the first part.
TO HAVE AND TO HOLD. all and .inuld r tit,, ahore mentioned and described premises together with the
appurtenances unto the porr,r of the =rcunrl pert. and hr pmtof the zeroed parts heirs and assigns inre,'cr. And the
said part' of the iir,t part. and said part' of the first parts heirs shall find will warrant and b}• these presents for-
eh'er defend the said premi>es in the quirt and peoreable possession of the said party of the second part. and party
of the st-sand part's heirs and neige,, against the said party of the first part, and parte of the fiat parts heirs, and
againv all and ere n' per—a and perm,,, whonnr,e ter. lawfully claiming ur to claim the r.e...
In crnstruinc rhi> &-d and r: here the conrc,t ., rvquirez, the singular includes the plural.
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WITNESS WHEREOF Ny paid parts' of the first part he lr`, unto h, -et his hand.
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S7.A7'E Of IDAHO.
- ri:n- of .._I H9P in the rear l4 i before me
Nw ry Puhol intend for •aid Sn t . p r,onallt appeared
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f: -r,........,. r, le to 1., -rata. odea... thenar -rr"` .ubscrih,•d to the within instru-
,..k...nvhode•rl nn than Lhr orrr utrd the stuns.
1'i !t'('/',N Rtiti WfIERF.OF. I parr h,vruntu set env hand and atfi¢ed en- official
,.0 .,a:d , „r ,, th;, 6111;:h' h/r,t uh.../.I. Witt I'll..
N„r Puhhe fur the State ,I Id,,ha
li,..irLng :u Idaho
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