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HomeMy WebLinkAboutCERTIFICATE OF MAILING - 07-00026 - Bryce Owen - 346 W 2nd S - CUP for Disabled Recreational FacilitySTANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties 1, Jeff Rydalch, being first duly sworn, depose and say, that f am the business manager of the STANDARD JOURNAL., a 5 tirnes a week newspaper published 5 times a week ire Madison and Fremont Counties, Idaho; and I do solemnly swear that the Not -ice of Public Hearin Conditional Use Permit metal and physical health facility at 346 West 2nd South, Rexburg, a copy of which notice appears attached hereto, was published 'in the regular and entire issue of sari newspaper, and not in any sumolement issue, A. A - once an issue thereof for two issues', the first publication having been made on March 6, 2007 and the last publication having been made on March 1 7, 20074 Further, that said newspaper is one of general circulation in said county-, that itis a legal newspaper, conforming to legal specifications under the Idaho Statutes; that it has at least two hundred bona fide subscribers living within the county of publicatian; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight consecutive weeks prior to the first publication of the said notice. STATE OF IDAHO COUNTY OF MADISON On this 19th day of March in the yeas~ of 2007 before me, �i Notary Public, personally appeared Jeff Rydalch, known or identified to me to be the person whose name subscribed to the within instzument, and being by me first duly sworn, declared that the statement therein are true, and a_uk.o,uw1udgecj to me that he executed the same. 4Nta.'ry Publ ic for Idaho Re'sidina at Rexburg, Idaho My commission expires: December 18, 2012. 01 6 66Z Go NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before City Council of the City of Rexburg, Idaho, Wednesday, March 21, 2007, at 7:20 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Cond- fional Use Permit (07 00026) for a metal and physical health facility at 346 West 2nd South, Rexburg, 1d hyo. The property is currently zoned Medium Density Residenil One (MDR1). On March 01, 2007 the Planning and Zoning Commission recommended approval of the Conditional Use Permit (07 00026) for a metal and physical health facilo'upon City Council's approval. The city code governing th'is request is ORDI- NANCE No. 926 "DEVELOPMENT CODE OF THF CITY OF REXBURG, IDAH051 (ADOPT- ED FBRUARY 16th, 2005) and Amended June 1, 2005 The said parcel I located t 346 West 2nd South in -Rexburg,-- Madisonlounty, Idaho, k of and more particularly described as follows: Parcel 1: Beginning at the Southeast corner of Lot 2T Bloc k3 of the Southend Addition to the Rex- burg Townsite., Madison County, Idaho, and running thence North along the East line of said Lot and the projection thereof, to where same intersects the East line of the Oregon Short Gln e railroad right of way, thence in a Southwesterly direction to where same inter- sects. the South boundary line of the aforesaid Lot in Bion k 3 at a point 8 rods more or less West of the point of beginning, and thence East 8 rods more or less to the point of begin - n ing. Less and excepting therefrom the following: Beginning at a point 165.00 feet South of the Northeast corner of Lot 3, Block 45 of the Original Rexburg Townsite, Madison County, Idaho, and running thence West 33.00 feet to the Oregon Shortline Railroad East right of way; thence North 30'30'00" East 65,34 feet along said right of way; thence South 56.02 feet to the point of beginning. Parcel 2: Commencing at a point 15 rods West of the Southeast corner of Lot 1 in Block 3 of the Southend Addition to the. it of Rexburg Madison County, Idaho, as per the recorded plat thereof and running thence West 5 rods; thence North 10 rods; the East 5 rods; thence South 10 rods to the point of begin- ning. At such hearing City Council will h r a P ir- sons and all object' n -q ,-�nrl recommncintinnF_- 0 relative to such proposed permit, The City Clerk will also accept written cmments at City Hall prior to 4,-00 p.m.on. March 20th, 2007. This notice is given pursuant t6 the provisions of Section 67-6509 and 67-6511 Idaho, Code, and all amendments thereof. DATED this 2nd day of March, 2007. CITY OF RE BU (SEAL) BY: Blair D. Kay, City Clerk Publ: March .06th and 17th, 2007. SJ1523 STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties I, Jeff Rydalch, being first duly swom,depose and gay, that I am the business manager of the STANDARD JOURNAL, a 5 times a week newspaper published 5 limes a week in Madison and Fremont Counties, Idaho; and I do solemnly swear that the Public Hearing - Rexburg P&Z conditional use permit - 34b West 2nd South, a copy of which notice appLars attached hereto, was published in the regular and entire issue of said newspaper, and not in any supplement issue, once an issue thereof for two issues, the first publication having been made an January 31, 2047 and the last publication having been made an February 1a, 2a47. Further, that said newspaper is one of general circulation in said county; that it is a lecral newspaper, canforncj.ng to legal specifications under the Idaho Statutes; that it has at least two hundred bona fide subscribers living within the county of publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight consecutive weeks prior to the first publication of the said notice. STATE OF IDAHO ) COUNTY OF MADISON ) 4n this 12th day of February in the year of 2Q07 before me, a Notary Public, personally appeared Jeff Rydalch, known, or identified to me to be theperson whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statement therein are true, and acknowledged to me that he executed the same. Nc��ary Public for Idaho R iding at Rexburg, Idaho My commission expires: December 18� 20121. NOTICEF PUBLIC H �, NOTICE 1S HEREBY GIVEN, that . Public Hearing will be held before the Planning • Zoning o i len of the City of Rexburg, i ehor Thursday, Feb. ruary 15, 2007, at 71,15 P.M., in the City Council Chambers of the City Building t 1 North Center, Rex- burg, Idaho, regarding a Conditional Use Per 002 for physical health facility. at 346 ''est 2nd South, Rex- burg, e - b r 2 Idaho. The property is currently zoned Medium Densk ty ResIdential one (MDR1). The city code evernin this request i NANCE No. 926 ``- VELOPMENT CODE F THE CITE' OF R EXB R , IDAHO" (ADOPTED FEBRU- ARY 16th, 2005) and Amended Jure 21, 2005 T.re saj cel is boat, ed at 346 West 2nd South it Rexburg, Madison County, Ida- ho, and more particu- larly rt u- larl described as foi- lowsm Parcel 1 Beginning at the South, east corner of Lot Block3 of the South- end outh-end Addition to the Rexburg Townsite, Madison County, Id - ho, and running thence forth Tong the East line of said i 7 06oz Lot and the''projection thereof, to where At such intersects - hearingt� m its the Planning & Zon it East line of the ore i i Ion Will h on Short Line ralf- Ipersons road right ofons and II 01 there in South- and recory eters direction t � er�dtir� rel�1e t her re inter- h� proposed Perri e t The fit Clerk the South boun- will dr line f the afore-� oet rrtte 'd Lot in Ooo meats t City H at point rods more Februr nth or ie West of the , 2007N point of beginning, This notice is given and - thence East � � art the provi. rods more or less, to cions of See 67. the point ofbeginning, Section Idaho and .I and 67-6511 Le �d excepting therefrom the follow- amendments thereof. lr TE this24th d of point 165-0D a feety January, 2007. South of the north- . east corner of Lot 3, CITE' OF REXBURG D1 eo of the rii- n l Rexburg To r te, (SEAL) Madison County, ia� hyo, and ru-nn � � i thence Blair I. Kai, feet to the Oregon Uty Clerk She rtl ine Railroad puj. J Eat right of � Jan. , and Feb, I Oth, thence North SJ 1443. "30'00„ Fest 65.34 - feet along said right of way; thence South 56.02 feet to the point f beginning, Parcel Commencing at a point 15 rods West of the Southeast corner of Lot 1 'Ir :Iol of the Southend Addition to the City of Rexburg, Madison County, Ida- ho; as per the rete rdm 41: ed plat thereof and running thence West rods; thence North 10 rods, thence East reds; thence South 113 rods to the poi rpt of beginning. 1 st, 2007. STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties I, Jeff Rydalch, being first duly sworn, depose and say, that I am the business manager of the STANDARD JOURNAL, a 5 times a week newspaper published 5 times a week in Madison and Fremont Counties, Idaho; and Z do solemnly swear that the Public Hearing date change P&Z Comnussion city of Rexburg regarding a Conditional use perrait 34G West 2nd South., a copy of which notice appears attached hereto, was published in the regular and entire issue of said newspaper, and not in any supplement issue, once an issue thereof for two issues, the first publication having been made on February I4, 2[]p7 and the last publication having been made on February 24, 2007. Further, that said newspaper is one of �eneral circulation in said county; that it is a legal newspaper, conforming to legal specifications under the Idaho Statutes; that it has at feast two hundred bora fide subscnbers living within the county of Publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight consecutive weeds prior to the first publication of the said notice. C. - STATE OF IDAHO ) COUNTY OF MADISON ) 4n this 26th day of February in the year of 20p7 before me, a Notary Public., personally appeared Jeff Rydalch, known or identified to me to be the person whose name subscribed to the within instrument, andbeing by me first duly svvQrn, declared that the statement therein are true, and acknowledged to me that he executed the sane, Nq'tary Public for Idaho Residing at Rexburg, Idaho My commission expires: December 18, 2012. TL E OF PUBLIC HEA.RING T ublic Hearinci scheduledfor Februan 2007 alt 7:15 F.I. ebv gancelec and char d t: "March 1 5 2007 at 7:15 P.M.52, NOTICE I HEREBY GIVEN, that a Public Hearing will be held before the Planning Zoning Com rl*l'on of the City of Rexburg, Idaho, Thursday, Klatch 01,, 2007 at 715 �I .5), in the City Council Chambers of the City Building at 12 North Center,x u r, [doh regarding use rmit (0 '00 for a metal and physical health facility t 346 `'Fest 2nd South, Rexburg, Idaho. The property is currently coned Medium Density Residential on 1). The city code -governing this request 'Is ORDI- NANCE No. 926 "DEVELOPMENT CODE OF THE CITE' OF R EXBU R , IDAHO" (ADOPT ED FEBRUARY 16th, 2005) aand Amended June 21. 2005 The said parcel is located at 346 West 2nd South in Rexburg, M di on County, Idaho, and more particularly described follows: Parcel 1 Beginning at the Southeast corner of Lot 2, Black3 of the outhend Addition to theRex- burg To nit , Madison County, Idaho, and running thence North along the East line of said Lot and the projection thereof, to where te same intersects the East line of the Oregon Short Lige rail road right of ways thence in a Southwesterlydirection to where same inter- sects the South boundary lire of the aforesaid Lot 2 in Bloch 3 at a point 8 rods more or less West of the point of beginning, and thence Fast 8 rods more or less to the point of begin- ning. o in- nin . Loss and excepting therefrom the foJ1cwJn - Begl'n in t point 165.00 feet South f t% Northeast corner of Lot 3, Block 45 of the Original Rexburg Tq r s t , Madison County, Idaho and running thence t 33.00 foot to the Oregon Shortline Railroad East right of way; thence North 30"30'00" East 65.34 feet along said right of ; thence South 56.02 feet to the point of beginning. Parcel : Commencing t a point 15 rods West of this Southeast cora r of Lot I In Block of the Southend dditi ori to the it of Rexburg, Madison County, Idaho, as per the recorded plat thereof and running thence West 5 rods; thence North 10 rods., thence East 5 rods; thence .rt :1. _-row to !be pgirf. � At such hearing the Planning & Zoning Commis- sion will hear all persons and all objections and recommendations relative to such pro- posed permit. The CityClerk will also accept writtencommentt City Hetil prior to 4:0 p.m. on F bruary .28th, 2007. This notice is i re pursuant to the provisions of Section 67-6509 and -6511 Idaho Code, and al'l mend ants thereof. DATED this 12th day of February, 2007. CITY OF REXBURG SEAL) 8y: elair D, Kay, City Clerk 1h 'u%l. February 14th and 24th, 2007. SJ 1471 STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashcan, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties Jeff Rydalch, being first duly sworn, depose and say, that I am the business manager of the STANDARD JOURNAL., a 5 times a week newspaper published 5 times a week in Madison and Fremont Counties, Idaho; and I da solemnly swear that the Notice of Cancellation of the P&2 Meeting, a copy of which notice appears attached hereto, was published in the regular and entire issue of said newspaper, anrtnot in any supplement issue, once an issue thereof for one issue, the first publication hawing been made on February 14, 2007 and the last publication having been made on February 14, 24a7. Further, that said newspaper is one of general circulation in said county; that it is a leal newsPaper, confarming to legal specifications under the IL--'daho Sthat it has at least two hundred bona fide subscribers living within the county of publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight consecutive weeks prior to the first publicatiQn �f the said notice. STATE OF IDAHO ) COUNTY OF MADISON ) On this 15th day of February irl the year of 2(]07 before, me, a Notary Public, personally appeared Jeff Rydalch, mown or identified identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sWorn, declared that the statement therein are true,, and acknowledged to me that he executed the same. No #.- Public for Idaho Rending at Rexburg, Idaho My commission expires: December 18> 2012. DYKE.. CANCELATION The Planning and Zon- ing f n d- fed for February 1 2007 has been can -1 celed. The agenda iterns have been ra- scheduled for 01, 0.. if YOU have any questjons� Please call ruing and Zon, ing at 35943020 ext 334, Pubj. Feb. 141 2007. Fac simile Transmittal Sheei t February 28 2007 ' io:City Clerk Rexburg Idaho Fax. (208) 359w30-22 -. From: Nea[ ..El cto 11 is Dennis Ramsey Phone: (619) 561-1618 Fax: .(858) 613-9499 19 Su bject,0 Public Hearing March 1512007 pages: 2 (including Cover Sheet r-, r z�pmcerelv j 1 D,c,,z n ni sR cnt;, S1,0Y Neaf Electric 13250 Kirkham Way - poway .w California 92064 ........................... 1 � sf-47r rs i 2/27/2007 Rexburg Ci�r PICnn'I tq Commission Rexburg,, Idaho 83440 Re.. Proposed' cond;tionol use permit foram tall'physl'"tal health facilitrW. ?"15. Recburg. }ir Dear Sir,15: We nwh a six unit apOrtment building at 328 W.- 2"d S. which is the property adjacent to the property where the fac"Jity is planned to operate, All our apqrtments f ace this ProPerty. WhOe we are not opposed to such a facifityyespeCially if there is e commt�t�i�• deed f or ane we are cor�c erned however h vi►rr 1"f wi(I �r��ct our tenants and f Uture Qbiti#y to ren` o�� Quf� €���� ��. Wrx.jl, the very limited infvrxnQfJon that we hoye, hese, ire o 1 , FJT .erms; What ars the hours of operation? Will there be an ant iGipafied noise factor and will the o�erc�tor� � �the, f oc�iifiy be ser�si�i�►e t� ��te f��# that` �his is a raid tea[ arw? What will the staff/ patient ratio be, and will there vfwa,►s be- *k p(4t;WTI ts vn The PPOPerl-y-A W'11 p����� t�� �nd�i�g ��rQ�r�d outside t�� f��ility for any reos+an, or wifi most of the acfiv"fiJes 6e, irts*de? Wi 1 I there be a lot of traff ic taming and going? Does the owner perceive any negatiLve impact that a facrlity v� this type �r►i��t�` have on r�eig�borir�� p����rfii� ire a reside.�i�ia� �r�� �� i� ��v �� wElt he be wil�ir� to t��i�� changes to OCCofrrmvdate r�onc+erns that mighfi orisz& ink you for addreIsing these concerr,�. 'Sincere ly, Dennis Ramsey 1161b Eucalyptus Hills Drive, CrulQ Vista, COlifort�ie 92040 Phone: 619 954r -D048 02:57 PN D A t1j L�Q W - EVA N G C P A M.DE Investment Companv, LLC V A - A / �Aj -0 it -02SF Date; February 28, 2007 To: Blair D. Kay. City Clerk From; David 'JV, Lw�s, �'rincipal NIDE Investment company, LLC Re; Public Hearin;, March 1, 2007 Z!m Fle,ase call to 760-373-1813 to confirm Puklie H��rin.�. T��at�.�C yUL , 7 7 you are in re��ipt of this written response for the C. a liforis ., Suite 201 1 rwa Cite, CA 93505 Tel (760) 373-1813 Pax (760) 3 73-7263 P. jai 02 :57 PM DWV'ID--- W. E�VJi:2rH!2; Cr -n MDE Investment Company, LLC February 28, 2007 Planning &Zoning Commission City Of Rexburg City Hall 12 North Center Rexburg, ID 83440 Re: Hearing,- Conditional Use Permit 07-00026 March I P 2007 Dear Members of the Rexburg Planning and Zoning Commission; MSE Investment k.Urnpany, LLI;, is ttle vroDerty directly across the street from this proposed located at 355 W. 2""d S. use vw=r of the Woodshed permit. Specifically, our Apartments property is We oppose the grantin� �f phis use p��mit b�s�d u�a�n tie fact the prop()F)�� use is ����fu�1y incampaf��]e, a� will as out of character, with with the z~e�ic�en���.l neighborhood. It LVIYt adversely affect traffic in . area in chose proximity to a park where children and f=111es play as well as to whcre they wak Additionally, mental pat"1ents should not bc neer where parks and famil'es spend ChefY t �me. �Ve also Feel the property is of in�uf�ic��nt ��ze to place a �e�lth G��e facility of any type. In additia�. to idle negative community affect t-nentioned above zt wi1I d- In impact our apartments and our tenants negatively. We purchased and invested in out propelty iia this ne ghborhood because of its character and positive atmosphere for the fam*fies to which we xent. We f -cel the proposed usage will damage that inves��en� at�d cause aur families to ib� "boxed -in" by traffic, railway, men�a�patients.,s Y� a�1� a.� c��r�t overall de�ir� to be its a quieter atmosphere.. Your Consideration to our comments is most appreciated. Think you. very truly yours, MSE Inv ant qompany, LLC 13 Y: David WW Evan Principal 8100 Culifurtlia 008tvd., Sidle ,701 Calffornia city, CA 93SOS Tel (7 -1 Fax (760) 3 73 -7263 P r r ant qompany, LLC 13 Y: David WW Evan Principal 8100 Culifurtlia 008tvd., Sidle ,701 Calffornia city, CA 93SOS Tel (7 -1 Fax (760) 3 73 -7263 P Bryce Owes - CUP 14 -AA ARM ", r ITW . hL 75 r 171 i"p, T. Jp, 4t .4, IN, 171 i"p, T.