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Home My WebLink AboutRECEIPT & DOCUMENTS - 07-00383 - Terry Madsen - 710 S 5th W - Rezone from LDR2 to MDR2A C9T Y 0 F_ ARG Receipt !Cute: Permit # 00383 00383 City of Rexburg p rtm en.t of Community Deve lopa nt 19 E Main St. l Rexburg, ID. 83440 Phone (z08) 359-3020 1 Fax (208) 359-3024 08/1512007 Cashier: EMILYA Parte I Fee Description RPRXBCA03E Rezone RPRXBCA03E Public Hearing Notice Fee Receipt Number-. -0481 Paye rlPaye e Name: MADSEN TERRY ETUX Previous Payment History Receipt # Receipt Date Payment - Check Method Number CHECK 5792 Total Original Fee Amount Am u nt Paid i Fee Balance $500.00 $500.00 $0.00 $250.00 $250.00 $0.00 Total: $x'50.00 FeeDe-scrip tion Amount Paid Perm it enprntrreipt y n gun $750.00 �7sv.00 NOTICE OF PUBLIC HEARING NQTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planliu'lg & [Doing Commission of the C i�r of Rexburg, Idaho, Th-Lusday, Septe�azber 2D, 2007, at 7:D5 M. in the City Council Chambers of the City, Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Low Density, Residential Two (LDR2) to Medium Densitv Residential T��>a (-L%,IDR2),, The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY [6th, 2Q05) and Amended 7/06/2005,, 5/0r/-1/2007-,.7 7/03/2007 The said parcel is located at 710 :south Soh Nest in Rexburg, Madison County., Idaho, and more particula-tly described as follows: Col-nmencing at the Northeast Corner of Section 36, Township b North, Range 39 .fast, Boi.se Meridian,, Madison County, Idaho, and running thence South 12 rods; thence West 13 rods; thence North 12.tods; thence East 13 rods to the port of beginiu'ng. At such hearing the Planning � Zormlg Corrm-iissionvTill heap all persons and all objections end recommendations relative to such proposed permit. The City, Clerk will also accept written comt-nents at City Hall prior to 4:00 P -in. on September 19th, 2007. This notice is given pursuant to the provisions of Section G7 -G509 and G7 -G511 Idaho Code., and all amendments thereof. DATED this 22-nd day of August, ?007. Pubhshed: September September 1 st, 2007' 15t-1-11 2007 CITY of REXBURG Bla.]'Lr . Kay, Ci 7 Cleirl Additional Submittal Requirements: The Ciqr of Rexburzrewires the. fc)lloWxng inforr�atic�n to be subtluttec� to the Planning & Zoning Secretary for every application for annexation: 1. Current Vicinity Map., (8 1/2x 11.71.)3 at 1`5 = 300> scale, sho-kvi.rig location and current zoning of the property.A map is avail -able the City Plaz�riing and Zonmg Office. Please i��.dicate the locactlon of your propert�T on the map. 2. Land Description. Attach a description of the actual propexty which tau wish to have rezoned or annexed an a separate page. AU land descriptions must be certified by a land surveyor registered in the State of Idaho. a. Description shall mathematically close. b. Desctiptions shah be, provlldcd for the perimeter of the total area fair which annexation is being requested; and for each zone (separatezonm'lcr classification) Within said request. All zone descriptions shall correspond to the per=etet description. Descriptions shall identify a basis of bealrm'g lased upon two (2) knower points from which the descriptions are based. c• Descx�ptions provided may be �equi�ed to be modified by the applicant to ,include adjacent roads', canals, ditches, rivers, creeks, etc. as may he identified bv the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. 3 Madison County / City of ReyJzmg GIS 91 Page 1 of 1 DISCLAIMER: This map is intended for display purposes only and is not intended for any legal representations. w http://gis/intranet/arc-mo/v-.�rintable.aspx?MapURL=http ://agentsmith/output/arcIMS_agents... 8/15/2007 . 1068-2 Plain Language COmmftment i. 21; Y FIRST CQMMITMENT SCHEDULE A Commitment Date: August: 22,, Z005 at 7,130 A.M. Policy or Policies to be issued: .. Own&s Policy Standard Owner's Policy {1Q/17j92} Form 1402-9Z with applied Credit of Proposed Insured: Terry Madsen and Gina Madsen Loa n Polity Lawn Policy (10-17-92) farm 1056-92 with applied credit of Proposed Insured: Endorsements: COm m'r e _r 13059&" r Page 2 of P011cy Amount $ 165, 000.00 R Premium Amount $ 800.00 $ None R. E: 3, A fee simple interest in the hand de��ribed ire phis �vmmitrnent is awned, a� the Commitment Date by: Key M. Burton and Aneta R. Burton, husband and wide 4:. The land referred to in this Commitment is described as follows,., COMMENCING AT THE NORTHEAST CORNER OF SECTION 36, T0IMVSHIP 6 NORTH, RANGE 39 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO, AND RUNNING THENCE SOUTH 12 RODS; THENCE WEST 3.3 RODS; THENCE NORTH l2 RODS- THF:Nrr- cecr 1"2 nnn� r.. r.._ ______ _ _ ----•----^--• _�.��+..a,v �nCrVirvl OF BEGINNING. Commonly known as: 710 South Sth West Rexburg, ID 83440 y RL wt 4z: me E qL T� 90 V 5re eel IL jr Ir 7+%6 IL N7 d4 40- 4L W6 I L REM Or- 'Ai Joe 40� rql UAW - 0.4 '64; 1.16 12 North Center Rexburg, 183440 State of Idaho County of Madison City 1W Affidavit of Legal Interest City of Rexburg www.rexburg.org Being first duly sworn upon oath, deposcand say: Phone,208.3 9.3020 Fax} 208.359.3022 5 3} iwq�eLf Add-ress Mate G =I .0 I TY 0 F C�W Aineri c s Farm ` Community (If Ap>,piluiccan't ' also Owner of Record, skip to B) A.Thh a am the record owner of the property described on the attached, and I grant tny- errrussian to: . � Z o Name Address to su%rnl�t the accompanying application pertairw-ig to that property. P. I agree to ita.demni4T, defend and hold Rexburg ClqTand its employees harmless from any claimm or liability, resulting from any dispute as to the statements contained heri�a or as to the ownership of the property witch is the subject v£ the app]icati��n, Dated this y `�FIla 0-2 day �� L),5 r LJ20 / 7 ` Signature Subscribed and sworn to before me the day and gear first above written. Notary Public of Idaho Residing at. My commission expi-res: 4 I -)3--13 12 North Center Rexburg, 1344 Findings of Fact Cily of Rexburg www.rexburg.org 'hone: 208~359.3020 Fax; 208.359-3022 710 South 5"' West 110Xw Ms I#tF 0 I REXBlflRC CW Arneficds Family ty �. On August 15,2007, Terry Madsen presented to the City of Rexburg Plarming & honing Coordinator a request and application for a zone change for the property located at 710 South 5thWest from Low Densis Residential 2 OLDR2) to Medium Density Res-,idelitial 2 (NeIDR2)* 2. On August 22., 2007, the City Clerk sent the Notice of PubJ.ic Hearing to be publishedm' the local newspaper for September 1, 2007 and September 15, 2407. A notice was posted on the property and sent to all property owners Xvithi� 3Q0 feet of the above xnent'loned property; . 3. On September Z0, 2U07, Te:r:ry Madsen presented to the Plannm'g & Zonmg Commission for the City of Rexburg the Request for a Rezone for the property located at 71U South 5"' West from Low, Density Residential 2 (LDR2) to Medium Density Residential 2 NDR2). Mike dicks motioned to recommend to GtS7Council to deny the pane charge from LDR2 to MDR at 710 Saute 5h Westbecause of the singe family homes that are adjacent to the property. Mary Haley seconded the motion. Mike Ricks. clarified his motion that this proposal is not compatible With the directly adjacent neighborhood. Mary Haley seconded. These in favor: Winston Dyer Thaine Robl'nson Mary Haley Mike Ricks Ted Hill Nang opposed. Motion carried. These opposed: Dan Hanna 4. On October 1?, 2007, Council Member Young moved to rezone this area. from LDR2 to MDR1 realizing this is not what was proposed to planning and zoning. leo second. The motion di -es dor lack of second to the motion. Council Member En'ckson mo-ved to send this request back to the plannt*ng and zoning co��nnlissian with the proposal as an MDR1 instead of MDR2. No second. The motion dies for lack- of second to motion. Council Member Stevens asked if phis can be applied for with a sight plan needs to go along with the zone change. The zone change needs to be pied to a sight plan. STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO „ f� �' Madison and Fremont Counties I> Rich Wallace, being first duly s�vom, depose and say, that I am the publisher of the STANDARD JOURNAL., a 5 times a week newspaper published 5 Mmes a week in Madison and Fremont Counties, Idaho; and. I do solemnly swear that the Notice of Public Hearing Rexburg pity Council regarding a zone chime 710 South nth, West , a copy of which notice appears attacbedh.ereta, was published in the regular and entire issue of said newspaper, and not in any supplement issue, once ars issue thereof dor two issues, the first publication having been made on October 2., 2007 and the last publication having been made on October 1Q, 2a07. Further, that said newspaper is one of general circulation in said county; that it is a legal newspaper, conforming to legal specYfications 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/. R STATE OF IDAHO COUNTY OF MADISON On this 10th day of Octoberin the year of 2v07 bct'Vre me, a Notary Public, personally appeared Rick Wallace, known 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 acknowledged to me that he executed the same. 41_ V, Notqry Public fair Idaho Residing at Rexburg, Idaho My commission expires: December 18, 20121P 1 Standard Journal, Tuesday, October 2. 2007-7E3 .I {� In NOTICE F 4RING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council 01 the City of Rexburg, Idaho, Wednesday, Octo- ber 1 , 2007, at 7,120 -p.m., in the Cwt Council �l Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Low Density Residential Two (LDR2) to Medium Density Residential Two (MDR2). The Planning and Zoning Commission reom mm nd d denying the request due to di j rrt single family housing. in a public The city code governing this request is OR, DIE No. 926 "DEVELOPMENT CODE OF THE CITY OF REUR ID" (ADOPTED FEBRUARY 16th, 2005) and Amended 7/06/2005; 5/07/2007; 7/03/2007 The said parcel is located at 710 South 5th West in exburg, Madison County, Idaho, more Particularly described a follows: Commencing t the Northeast Corner of Section f TownshiP 6 North, n East, Boise Meridian, Madison County, fd ho, and running thence South 12 r d; thence 't 1 rods; thence 1 rods, thence East 13 rods t the point of beginning, At such hearing the City unoir will hear aft persons and all objecNons objectionsand recommenda- tions orrmend - t ons relative to such proposed W it. Th City l rk will also accept ' ritt .n comments t City .II prior to 4:00 pm, on October 16th', 2007. This notice is given pursuant to the provisions of Section -6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 28th day of September, 2007. F.DFY OF REXBURG _ --e., _. lir D. Kara City Clerk �, 1.Oct. 2,13, 2007„ SJ2002� STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OP PUBLICATION STATE OF IDAHO Madison and Fremont Counties I, Rick Wallace, being first duly sworn, depose and say, that I am the publisher of the STANDARD JOURNAL, a 5 times a week newspaper published 5 times a week in Madison and Fremont Counties, Idaho; and r do solemnly swear that the Notice of Public Hearing P&Z Commission of the pity of Rexburg - zone change, at 714 South 5th West, a copy of which notice appears attached hereto, was publishect 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 September 1, 20p7 and the fast publication haying been made on September 15, 20Q7. Further, that said newspaper is one of general circulation in said Bounty; that it is a legal newspaper, conforrnzng �o legal sgecif�cations under the Idaho Statutes; that it has at least two hundred bora fide subscribers lining within the county of publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight cons utiv�. weeks prior to the first publication of the said notice!12 STATE OF IDAHO ) COUNTY OF MADISON ) On this 19th dad of September in the year of 20Q7 before me, a Notary Public, personably appeared Rick Wallace, known 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 dcAnowieciged to me that he executed the same. M Nory Public forv'�Idaho ReVding at Rexburg, Idaho My cammissian expires: December 1$, 2012. i r1 E OF PUBLIC HEARING TSE i'EFEEE that I uUli Hearingwill h held b fo r the Planning Zoning Comm ssion of the City of Rexburg, Thursday, September 20, 2007, at 7;05 P.M.I in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone charge from- Low Density Residential Two L D R2) to Medium Density Residential Two M D . The city code governing this request i OR- DINANCE No.926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAH001 (ADOPTED I*EE1 fly 16th, 2000 and Amended 7/06/2005,- 510712007; 7/03/2007 The said parcel is located at 710 South 5th Fest in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at the Northeast Corner of Section , Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, rid ru nn'in thence ,youth 12 rods; thence 'west 13 rods; thence Forth 12 rods; thence East 13 rods, to the point of beginning. At such Dearing the Planning & Zoning Commis- sion will hear all persons and all objections and recommendations relative to such pro- posed permit. The 'City Clerk will also accept written comments at City Hall prior to 4:00 P.m. on September 1 9th, 2007. Th')s notice is given pursuant to the provisions of Section -6509 and 67-6511 Idaho Code, and I I amendments thereof. DATED this n day of August, 2007. CITY OF REXBUH(3 Blair r [. Kay, City Clerk P ubf . Sept. 1 � 15, 2007. SJ1923 A tii� _Q Y S4 i AL . ,• k e ° yY T ' y r OLk vi t' - �•r ..i: e MW �Kl ate,' �C iMau AW + . G ,f d , . . a # L i7y , _ F , } _� s a.�L - as �Yfl rk,�,, T � �ae ��'•��a�a�A-�. ��r � � � ;`a= � � l!- im'!'ff,i I m Ti a