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Home My WebLink AboutAFFIDAVIT OF PUBLICATION & DOCS - 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 Z, Jeff Rydalch, being first duly sworn, depose and say, that I am the business manager of the STANDARD JOLTRNAL�� S times a weelc newspaper pubfishcd 5 times a week in Madison and Fremont Counties, Idaho; and I do solemnly swear that the Notice of Public Hearincy Conditional Use permitmetal and physical health facility at 34G West 2nd South, Rexburg, 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 publicat]"on haviing been made on March 6, 240? and the last publication havincr been made on March i7, X047. Further, that said newspaper is one of general 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 bona fide subscribers living within the county of publication; and that it has been continuously and uninterr-uptedly pubiished 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 ) Cin this 19th day of March in tI1e year of 200:7 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, and being by me Exist duly swam, declared that the statement therein ,are true,and acknawlcdgcd to me that he cxecuted the same. N{ ° tory Public for Idaho R sidi no, at Rexburg, Idaho My commission expires: December 18, 201?. i 01 c 66z U NOTICE F PU13LIC HEARING NOTICE IS HEREBY G IV N, that a Public Hearing will be held before pity Council of the City f Rexburg, Jd ho, Wednesday.,March ..m., In the City Council Chambers of the City Building at 12 North Center, Rexburg -,(doh , regarding a ndl- ti nal Use Permit 00026) for a metal and physical health facility at 346 Fest n duth, Rexburg, Idaho. The property is currently zoned Medium Density Residential One (MDRI). On March 01, 2007 the Planning and Zoning Commission recommendedapproval of the r Conditional Use Permit 00026) for a metal and physical health facility upon City Council's approval. The city code governing this request is ORDI- NANCE No. 926 "DEVELOPMENT 'CODE OF THE CITY OF REXB ISG, IDAHO" DOPT- M FEBRUARY 16th, 2005 and Amended June 1, 2005 The said parcel i located at 346 `west 2nd South in Rexburg,- Madison �' unt , Idaho, , and more Particularly described as follows: Parcel 1: Beginningat the Southeast corner of Lot 2 lock3 of the Southend Addition to the Flex-', 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 Fast lire of the Oregon Short Line railroad right of way, thence in a Southwesterly direction to wheresane inter- sects the South boundary line of the aforesaid Lot 2 in Bleck 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. Less and excepti-ng exceptingtherefrom the following: Beginning tint � 165.00 fit South of the Northeast corner of Lot 3, Block 45 of the Original Rexburg Townsite, Madison Count Idaho, and running thence 't 33.00 ft to the Oregon Shorfline Railroad East right of ire, thence North b v.f0 1) East 65.34 feet along said right of way; thence South56-02 feet to the point of beginning. Parcel i Commencing t a point 15 rods West of the Southeast corner of Lot 1 in Block 3 of the Southend Addition to the City of Rexburg, Madison unt Idaho, a per the recorded Pint thereof eof and running thence West 5 rods. thence North 1 rods; thence East 5 rods; ; thence South 10 rods to the point of begin- ning- At einring- t such hearing City Council will hear :llr- on and all o j tion n recom endati � �n relative tO such proposed permit. The City Irl 111 also accept written comments at City Hall prior to4:00 p.. on March 20th, 2007■ This notice is given pursuant tb theprovisions of Section -6509 and 67,6511 Idaho Code and all amendments thereof.. DATED this 2nd day of March, 2007. ITIS OF EXB (SEAL) B: Bial r D. Kay, City Clerk Publ, March 06th and 1 7th 2007. SJ 1523 STANDARD JOURNAr Rexburg, I daho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties 1, Jeff Rydalch, being first duly swan, 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 do solemnly swear that the Public Hearing - Rexburg p&Z conditional use permit - 346 West 2nd South., a copy of which notice appears attached hereto, waxcz, publzshed in the regular and entire issue of said newspaper, and iiot in any supplement issue, once an issue thereof for two issues, the first publication having been made on January 31, 2007 and the last publication having been made on February 10, 2007. Further, that said newspaper is one of general circulation in said county; that it xs 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 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 Dn this 12th day of February in the year of 2007 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., and being by me first duly sworn, ucciaireci inat the statement therein are true, and acknowledged to me that he executed the same- No�ary Public for Idaho Re's'iding at Rexburg, Idaho I. MY commission expires: December 1832012.. NOTICE OF.-� PUBLIC HEA1 NOTICE IS HERE13Y GIVEN, that a Public Hearing will be held before the Planning & Zoning Commiss'ion of the QtY Of Rexburg, Idaho, Thursday, Feb. ruary 15, 20071 at 7:15 p.m., in the'City Council Chambers of the City BOding at 12 North Center, Rex- burg, Idaho, regarding a Conditional X(ise P,e r ' a �C*gO026) for physical health facility. at 346 West 2nd South, Rex- burg, Idaho. The Free rt is currently zoned Medium Densi- tY Resicfential One (MORD, e city code governing this request �S OL.Rjn' _ NANCE No. 926 99DE- VELOPMENT CODE OF THE CITY OF , REXBURG, IDAHO'5 (ADOPTED FEE3R(J- ARY 16th,2005) and Amended June* 21, 2005 The said parcel is locat- ed at 346 West 2nd South in Rexburg, Madison County, Ida- ho, and more particu- larly described as fol- lows: Parcel 1: Beginning at the South- east corner of Lot 2) BiOCO of the South end Addition to the Rexburg Townsit' e Madison County, fda� ho, and running thence North along the East line of said (r7 Lot and the pro' ec'flon thereof, to whl)re At such hearing same intersects the Planning East II ' f the Ore- & Zor ne 0 COmmission will h gon Short Line rail- all persons and all road right of way, jections -and recc thence in a South- dations relatiVE westerly direction to such proposed perr where same interThe it Clerk wiij sect8 the South bouny so accept w dary line of the aforrlt,e. Commerlts at C�ty F said Lot 2 in Block 3 prior to 4:00 p.m. at a point 8 rods m -ore February 14th, 2007 or )ess West Of the point of beginning, TGFs notice and is given PL , thence East 8 suant to the pro, rods more or less to sions of Section 6 the point of beginning. 6509 and 67 -65 - OF Idaho Code Less and excepting amendmrpt es 5 and C therefrom the follow, -thereof. irig: Beginning at a DATED is 24th day point 165.0.0 feet Ja huary, 2007. SOUth of the North- east corner of Lot 3, CITY OF REXBURG Block 45 of the Origi- nal Rexburg Townsite Sr-:Af Madison County, Ida- h 0j and runnipg _B ffidn'ce st -, 33 - Y; Bajr.D. Kay, -00 City C)erk feet to the Oregon Shortline Railroad Publ. Jan. 31 St East right of way; and Feb. 1 Oth 20 thence N orthSJ1443.- 30030'00" East 65-34 'feet along said right of way; thence South 56.02 feet to thepoint of beginning. ire) 2: Commencing at a point 15 r0ds West of the Southeast corner of Lot 1 in Block 3 of the Southend Addition to the Citi of Rexburg,' Madison County, Ida- ho, as per the record- ed plat thereof and running thence West 5 rods; thence North 10 rods; thence East 5 rods; thence South 10 rods to the point of beginning, P I ERS all 9 OTA OwEd am Eft "&wpm th t/BkONC, *a .0 1. % * , * Is' 0 & 4 "k4LO"" tE 0 F lk STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont C,ounties I, Jeff Rydalch, being first duly sworn, depose and say, that I am the business manager of the STARDNDA JOURNAL, a 5 Mmes a week newspaper pubfished 5 times a week in Madison and Fremont Counties, Idaho; and I do solemnly swear that the Public Hearing date change P&Z COMMISSIon city of Rexburg regarding a Conditional use permit 34d West 2nd South, a copy of which notice appears attached hereto, was publis'ed in the regular and entire issue of said newspaper, and not in any supplement issue, c�n�e an issue thereof for two issues, the first publication having been made on February 14, 2447 and the last publication having leen made on February 24, 2007. Further, that said newspaper is one of general 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 bona fide subscribers living within the county of Publication; and that j.t. has been cantYnuously and uninten-uptedly published in said count dur��g a period of seventy - eight consecutive weeks prior to the first pubficafio� of the said notice, STATE OF IDAHO � COUNTY OF MADISON ) On this 26th day of February in the year of 20p7 before me a Notary pubjic, personally appeased Jeff Rydalch, known j or 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 ackmow1edged to ane that he executed the same, N '(11 ary Public foraldaho 1 Residing at Rexburg, Idaho My cammissian expires: December 18, 2012. C� r C B NORGE OE PJB i 2007 at 7:15 P.M. and Chan find to: "March 01 ■ Ir NOTICE IS HERE13Y GIVEN,that Hearing will be held before the Planning Zoning mm i i an of the Cit t' Rexburc Idaho, Thursday, I �r 7 tRM., in the -City CouncilChambers of City Building t t�� 1 Orth Center, bur Idaho, regarding a Conditionaf Use Permit 00026) for � metal and physical heath facditi t 346 West 2nd South, Rexburg, Idaho. ThE property is' rr ntl zoned Medium Density Residential One D R . the city codeo rn i n this request i + I- E o. 926 "DEVELOPMENT CODE OF THE CITY OF REXBLJRG, IH" (ADOPT. ED FEBRUARY 16th, 00 and Amended June 21, 2005 The said parcel i located t 346 'west 2nd South in Rexburg, Madison County, Idaho and more particularly described as follows; a Parcel 1: Beginning at the Southeast co -mer of Lot Block3 of the Southend Addition -to the Rex-' bu r 'Townsite, Madiscm County, Idaho, andrunning thence North along the East lire of said Lot and the projection thereof, to where same intersects the East I [rye of the Oregon Short Lire railroad'right Iht f way, thence ire Southwesterly direction to where ��t r-= sects the South boundary fi rye f ther- f i Lot in Block 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- ning, Less nd� tin th r fr�0 tie fNl in . Beginningt of ret 1 . feet t So uta of the Northeast corner of Lot 3, Bloch 45 of the Original Rexburg Town it , Madison �' running rata Idaho, nen thence "est . 0 feet to the Oregon Shortline Railroad East right of thence tith 30030'00" East 65.34 feet along saidright of thence South 56.02 feet to the Dint of beginning. Parcel Commencing at a point 15 rods ''Fest of the Southeast corner of Lot 1 in Rock 3 of the Southend Addiflon to the it f Rexburg, MadisonCounty, Idaho, a per the recorded plat thereof and running thence West 5 rods thence North 10 rods; thence East 5 rods; thence uth 40,zodo- W fact - t such hearing the Planning orcin Comm io,n will hear all persons ons and recommendations relative to such pro- posed ,r-r-lt. The city Clerk will aro accept written comments t Cit Dell prior 00 P.m. on February 28th, 2007. -his notice, I 'S given pursuant to theavisions ro -� f Section end -b1 1 Idaho Code, and all amendments thereof. ) T D this 12th day of February, 2007. r(TY OF REXBURG -)'E A L) Blair D. 1, City Clerk Pu bl. February 14th ani 24th, 2007. SJ 1471. y Pk - STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE DF IDAHO} Mad'son and Fremont Counties 13 Jeff RydaIch, being first duly sworn, depose and say? that I am the business manager of the STANDAru_j JOURNAL, a S times a week news paFer pubhshed 5 times a week in Madison and Fremont Counties, Idahv; and I do solemnly swear that the Notice of Cancellation of the P&2 Meeting, a copy of which notice apprs attached hereto, was published In the regular and entire issue of sapd _. newspaper, and not in any supplement issue, once arr-issue thereof for one issue, the first publication having been made on February 14, 2007 and the last publication having been made on February 14, 2007.. Further, that said newspaper is one of general circulation ire said county; that it, is a legal newspaper, confflrn-iing to legal specifications under the Idaho statutes; that it has at feast two hundred bona I"We subscribers IMng within the county of Publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy -sight consecutive weeks of the said notice. Prior to the first publication STATE OF IDAHO COUNTY OF MADISON ) _. fin this 15th day of February in the year of 2007 befo- ae me, Notary Public; -personally appeared Jeff Rydalch, known or identified to me to beh_ Pe�san whose name subscribed to the wzth2n instrumentand being by me first duly sworn, declared that the statement therein are true, and acknowledged to me that he executed the same. N ot4ry Public for Idaho Res ding at Rexburg,, Idaho My commission expires: December is, 20120 0 r.�,....t�x:; ,eo-,7.+:m• •:,civ •. v.. :,,,;,� •.w •r:... , N0TiCE , E L TI N. ThO Pianning and - ing MeetilIg h' Wed for February 2007 has been-can- celed, eep,pan_1, The agenda items have been r scheduled for Wrch- 01, 2007. If YOU have Einy questions, 1 . se cali Planning and Zon- ing at 334, 359-3020 ext. SJ1. racsimile Transfn,wtfiai Shee 14 To% Gity Clerk Rexburg Idaho Fax (20-8) 359M3022 from: Neal Electric Sincerely, Dennis Ramsey Dennis Rian-isnvl Phone., (619 .9) 561-1619 IR Fax. (858) 513-9499 -1h Date; February 28, 2007 F�ta�i� Haring March 15` 2007 2 IncluelingCover Sheet Neal Electric 13250 Kirkham VVay -, Poway ��rnia - 92064,.�., 0 Rexburg C'111 -y Plamihq cc,*- Rburg, I40ho 83440 1z A Ret: Propoqed condifivr�a� use permit for a men-l�c�llph�rs'cal health facality ot 34b W. �n� S. in [)P,�2r sirs: We awry tj pix uFfTt iapartment building at 328 W. 2"d S. which is the proper+hf adjo�cer�t to the property were the fact I�tyr is planned to apera�t�, A I I our apcxrtr��ts face Ar� P"OPErtY. VA"le we arg not ap�pos,�d to such cr facil��r, ��cial� ff ��r� iS v community need f av one, we are concerned however how it will ir�pcict our tenants and future ability to rent out our �r,fts, With the, very limitp.H '1nfn&n-hn+in +L 1...,.,1%., are- our concerns; What are the hours of operation? &P ow " W.0 no W N ��°� �� , c�nticipo#+e,d noise factor and w�l� the o��r+��r� v� the facility be serrsf�iv� t� ��►e �a�,�� a� ��s �s a resident�al arw? What will the staf f / patient rativ b e:and v�i�� re alw�� be sr,��e�vision of thel PO'ents on f he properfy? Will people be, wandering around outside the focifitY fbr ons, reogon, or will most of 11 the, oc-fivitles be. imside? be (a lot af troffyc coining )OsMf� ��r��t� p�:�ce��e oi�� neg(tive it thot a faciliy of this tvve tniQ ht' haveon neighbQr-ina propertisih � r+��de.�fii41 c�r�r ,f so ts will he be wilfing to make changes tO +��eor�r�adv�`e concerns that might c�rise. � ThOn.k YOU for addressing these, concerns. Sincerely., Dennis Ramsey 11616 Eucafyptus Hills DrivChUlaeVista, California 92040 Phone: 619 954--0048 — Z1::1- F–In (j 2-007 02!57 PN D n V LZ 1-4 - AIDE Investment Company, LLC To: February 28., 2007 Blair D. Kay, City Clerk COVER SHEET From; David VI�� Evans' Pri'ncipal MDE Investment Company, LLC Re: Public Hearing,, March I , 2Q07 Plcasc calx to 760-373-1813 to confirm Public Hearing. rr�ia.�k ya1'�, you are in recei pt of thlis written 8100 Valffornia C4Y Blvd, Suite 2ol CalffiOrrda QjxCA 91505 W (760)3 73, 18 11 Fax 760) 3 73- 7263 response for the P. 0 1 -2007 02 S7 10 irk+ "�N AfDE Investment COMPanv.yLLC February 28, 2007 anning � Zoning Coinmission City Of Rexburg City Hall 12 North Cen Rexburg, ID ter $3440 Re Hearing,.Conditional Use Permit -00026 March I P 2007 Dear Members of the Rexburg Planning and Zoning Commission: MDE Investment cat�tnpy, SLC, is the propefty directlY acrass the street from this proposed use C� IOCatoat X55 W. 2nd Sf owncr permit. of the woodshed Apartments Specifically, our property i1, s We oppose the granting of th,Is use permit based upon tie fact the �r�go��d use is Woefully inCpmpati�Ie, as well as Out of character with the residential neighborhood. It will adversely affect traffic In an area in close proximity to a dark where children and families play as well as to w�aQre they waIk, Additionally, mental Pa�iot�S should not be neer where parks and families spend their timer We also feel the property is of insufficient size to place a health care facility of ant -ne. YY.V - .1 In addition to the negative community affect mentioned above it uri�l directl am ac apartments and our tonants rie,�atively. We purchased orad invested in ��property� in thisrneighborhood ��cau�e o� its ��r�cter and pos�tfve atmos�hei�e fog the fam�I �st��. we rent, We feel proposed usage Will damage that in�es�m�nt and cause our families �Chto be "boxed-xn by tr�,ffc, ra�l�v�.y, �n�nt�I pa��nts, and an overall de�ir� to b quietet atrza❑spher�. in a YOUr considexation to OUT comtnents is most appreciated. Thank you. Very truly yours, E Inve ent ampany, LLC By" David W. Evans Principal "00 C0fffJJP,*"'q , Suite 201 California `� cA 93505 of (7) Pax (760) 3- 7263 P w 0 Bryce Owen -CUP L 71 or Ilk- TAZy d i Ln LLn a� LC d i Ln LLn LC 'tip .— IT'- e t Lns u d .— IT'- e i