HomeMy WebLinkAboutAPPLICATION - Allison, Nick - 405 W 4th S - Rezone from HBD to MDR2O`��uRG�O
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STATE OF IDAHO
Annexation/Rezone Application
Note: A pre -application conference with staff and a pre -application neig
required prior to the submittal of this application. Contact City Hall at
File Number: Fee:
Current Zone:_ D Cross Reference Files:
Requested Zone: Mj) A =I,
P.O. Box 280
12 North Center Street
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
e-mail rexburg@srv.net
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NOV -4 I
Applicant J19formation
Applicant:_ /yj'C-.% /� J// 5 Od Phone: o ff
❑ Owner ❑ Purchaser ❑ Lessee .
Applicant's Address: ZIp $" Wes.T Y4. JSW14 Zip: k3ZIVO
Recorded Owner: %re bc&4: /y, L3„ p Phone: -3s6 - 68'8 V
Recorded Owner Address; IL (0 2 W , 2 ANY IV FAX:
Contact Person (if different from above): Phone: 3 r (p 3 p
Address of Subject Property: !40's- ttl 2
Mapping Department must initial here to signify address verification.
Property Description (you must attach the Lot, Block & Subdivision name or recorded deed with a
metes and bounds description):
Parcel Number:
Quarter: Section: Township: Range:
Development Information
1. Size of Property: Square Feet. Or Acres
2. How is the property now used?
3.
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,uw are ine aajoining properties used?
North: ___C�o.welner of Commgrce � fve
South:_TAai/er a-rl<
East: f4s,11 tnrry £. r.r wn..l f / � — �•�
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Are there any existing land uses in the general area similar to the proposed use? If
yes, what are they, and where are they located?
5. On what street(s) does the property have frontage?_ �/ Lh
6. Why are you requesting annexation in to the City of Rexburg? y west w/CRAB(
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7. What use, building or structure is ntended for the property?
8. What changes have occurred in the area that justify the requested rezone?
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9. Will this zone change have an impact on the schools? Gt/
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10. Are water and sewer facilities, streets, fire and police presently serving this area?
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11. Are Uty services adequate to serve any future development proposed?
yes"
12. WIII measures be proposed to assure that public facilities and services will be
added?
13. Is the site large enough to accommodate the proposed uses, parking, and buffering
required, according to zoning Ordinance #725? yC_r
14. Is the area currently sub -divided or going to be sub -divided?
15. Any additional comments?
Note: 1. When an application has been submitted, it will be reviewed in order to determine compliance with
scheduled only after an application has been accepted as complete. application requirements. It will not be accepted if it is not complete. A hearing date will be
2. A formal traffic study will be required for retail sales area more than 75,000 feet; Schools for
more than 100 students; Apartment complex with 50 apartments or more.
3. Before annexation, the person or firm applying for annexation will agree to certain things: Curb and
gutter, streets sig/®aling, water and sewer, property sizing and location.
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Ziignature of Applicant Delta
OFF/CE USE ONL Y
Fee:S Check#: Or Cash: Date Paid:
Date of Notice: Date of Public Hearing:
AFFIDAVIT OF LEGAL INTEREST
State of Idaho, County of Madison, City of Rexburg:
1,� &,l ,..¢ 1V /3 l7 �Coz W, zn�f
(name) /l%JV
(address)
(city) ' +�� U
(state)
being first duly sworn upon oath, depose and say:
1. That I am the record �/ owner f the property desscribed on the attache q and I grant y
permission to M CCC ,gilt soil
(name) U GV/
to submit the accompanying applicationpertaining to that
addoeert wl�
P P y. S�
2. 1 agree to indemnify, defend and hold the City of Rexburg and it's employees harmless
from any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the application.
Dated this il day of
20
L :W 4L,./
(Signature)
SUBSCRIBED AND SWORN to before me this day and the year first above written.
MAly '�i,� Notary Public f Idaho
......... 9 .
Qi' oSAAY 9,�„ Residing at:
Q �+ My Commission Expire_ rd
�l)�r
PUBV�O+'+20
(Seal)
PROCESS OF ANNEXATION
Properties subject to annexation must be contiguous or adjacent to City limits, with the
exception of an airport. The process of an annexation application is as follows:
1. A pre -annexation hearing before the City Council:
A. Owner should submit a letter requesting a pre -annexation hearing before the City
Council. The letter must state the property owners name and address, request for
annexation and land use intent, and proposed zoning;
B. The property owner or representative must attend the Council meeting.
2. Application must include:
A. A legal description of the property which plainly and clearly defines the boundary
of a new district or municipality describes, by metes and bounds, a definite
boundary of an area of land that can be mapped on a tax code area map. The
legal description shall include:
1. Section, Township, Range and Meridian
2. An initial point, being a government surveyed comer, such as a section
comer, quarter corner, meander comer, or mineral survey corner;
3. A true point of beginning defined by bearings and distances from the
initial point, that begins the new or altered district or municipal boundary;
4. Bearings and distances that continuously define an area boundary with a
closure accuracy of at least 1 part in 5,000. Variations from closure
requirements of this subsection may be approved when boundaries follow
mountain ranges, rivers, lakes, canals, etc.
5. The legal description shall include all portions of highways lying wholly
or partially within the annexed area.
B. Proof of ownership of land
C. A draft -like drawing of the layout of property, or a record of survey, as defined by
IC, Title 55, Chapter 19, which matches the legal description.
D. All property owners names and addresses within a radius of 300 ft. of the
property.
E. Fees must accompany application.
NOTE: Upon acceptance of the application, the developer/owner shall post the property
described in the application no later than one week prior to all public hearings before
Planning and Zoning and City Council.
67
Additional Submittal Requirements
The City of Rexburg requires the following information to be submitted to the City Clerk for
every application for annexation:
1 • Current Vicinity Map.
zoning (8 %: x 11 ") at 1 " = 300' scale, showing location and current
of the property. Map is available from the City Planning and Zoning Office.
Please indicate the location of your property on the map.
2. Land Description. Attach a description of the actual property which you wish to
have rezoned or annexed on a separate page.
A. Description shall mathematically close.
B. Descriptions shall be provided for the perimeter of the total area for which
annexation is being requested; and for each zone (separate zoning
classification) within said request. All zone descriptions shall correspond to
the perimeter description. Descriptions shall identify a basis of bearing based
upon two (2) known points from which the descriptions are based.
C. Descriptions provided may be required to be modified by the applicant to
include adjacent roads, canals, ditches, rivers, creeks, etc. as may be
identified by 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.
WARRANTY DEED Pop
FOR VALUE RECEIVED, ROBERT N. BELL, a single man, whose address is 262
West 200 North, Rexburg, ID 83440, hereinafter called "Grantor", hereby remise, release, and
forever warrant unto NICK ALLISON AND JANIS ALLISON, husband and wife, whose address
is 405'West 4`h South, Rexburg, ID 83440, hereinafter called "Grantees", the following real property
located in Madison County, state of Idaho, to -wit:
Commencing at a point 66 feet West of the Northeast corner of
Lot 1, Block 3 of the Klingler Addition to the City of Rexburg, in
Madison County, Idaho, as per the recorded plat thereof, and
running thence West 41.5 feet; thence South 165 feet; thence East
41.5 feet; thence North 165 feet to the point of beginning.
Together with all and singular the tenements, hereditaments, and appurtenances
thereunto belonging or in any wise appertaining, unto the said Grantees, their heirs and assigns
forever. Grantor does hereby covenant to and with the said Grantees, that he is the owner in fee
simple of said premises; that they are free from all encumbrances, and that he will warrant and
defend the same from all lawful claims whatsoever, except as noted.
DATED This 25' day of September, 2002.
Acknowledgment
STATE OF IDAHO, )
ss.
County of Madison )
6[,OtPkT N. BELL
��►
On this 25' day of September, 2002, before me, the undersigned, a Notary Public in
and for said State, personally appeared ROBERT N. BELL, known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same.
`�►SIEPER7
r �<)I ARS' '. Not y ublic for Idaho
Res at: Rexburg, Idaho
n �G My Commission Expires:
FAWPOSMALLISONN.WD AU V�_.• �p
ROBERT N. BUT, a single min, GRANTOR(S)
of 262 West 200 North County of Madison State of Idaho
hereby CONVEYS, GRANTS and WARRANTS TO NICK ALLISON and JANIS ALLISON,
husband and wife,
GRANTEE(S)
whose current address is 405 West 4th South, Rexburg, Idaho 83440
for the sum of Ten Dollars and other valuable consideration ------Dollars ($ **10.00** )
the following described tract(s) of land in Madison County, State of Idaho:
Caranencing at the Northeast corner of Lot 1, Block 3 of the
Klingler Addition to the City of Rexburg, in Madison County,
Idaho, as per the recorded plat thereof, and running thence
West 4 rods; thence South 10 rods; thence East 4 rods; thence
North 10 rods to the place of beginning.
Location of above described nronerty 405 West 4th South, Rexburg, Idaho 83440
House No. Street
203—WARRANTY DEED `
/
Printed and fur ..Is by Syms -York Comperry, Boise, Idaho
J/ J
(Optional)
Recorded ❑
Platted ❑
Key Punched ❑ To Treasurer
Microfilmed ❑
Deed Card ❑
Master File ❑
Indexed ❑
Compared ❑
Abstracted ❑
(DO HOT WRITE ABOVE TXIS U.EI
WARRANTY DEED �.
ROBERT N. BUT, a single min, GRANTOR(S)
of 262 West 200 North County of Madison State of Idaho
hereby CONVEYS, GRANTS and WARRANTS TO NICK ALLISON and JANIS ALLISON,
husband and wife,
GRANTEE(S)
whose current address is 405 West 4th South, Rexburg, Idaho 83440
for the sum of Ten Dollars and other valuable consideration ------Dollars ($ **10.00** )
the following described tract(s) of land in Madison County, State of Idaho:
Caranencing at the Northeast corner of Lot 1, Block 3 of the
Klingler Addition to the City of Rexburg, in Madison County,
Idaho, as per the recorded plat thereof, and running thence
West 4 rods; thence South 10 rods; thence East 4 rods; thence
North 10 rods to the place of beginning.
Location of above described nronerty 405 West 4th South, Rexburg, Idaho 83440
House No. Street
PREPARATION OF ANNEXATION
1. All required information is received and accepted by the City Clerk or appropriate staff.
2. After pre -annexation hearing a public hearing is set before the Planning and Zoning
Commission as provided for in IC 67-6509;
3. Transmittals sent to proper entities (power, water, sewer, highway districts, etc.)
4. Property owners within a radius of 300 ft. of the boundaries of the proposed annexable
property noticed. If there are 200 or more property owners alternate forms of procedures
will provide adequate notice and may be used in lieu of mailed notice. (IC 67-6512);
5. Letter is sent to applicant advising them of the time and date of the hearing;
6. Planning and Zoning public hearing takes place and. findings of the hearing are prepared;
After the acceptance of the findings by Planning and Zoning, Council public hearing date
is set and published;
8. Following the Council hearing, the Council shall concurrently or immediately amend the
Comprehensive Plan and Zoning Ordinance (IC 67-2525);
9.. UPON PASSAGE OF ANNEXATION AND ZONING BY COUNCIL:
A. Certified copies of the ordinance shall be filed with the County Assessor, County
Treasurer, and State Tax Commission. The County Recorder must receive the
original (certified) for recording no latter than 10 days following the effective date
of annexation (50-223)
B. Certified copies must include the executed ordinance, a legal description, and a
map.
C. A summary of the annexation and zoning ordinance is published in the official
newspaper of the city;
D. Three copies of the ordinance retained on file in City Hall.
10. The City boundary map is changed to reflect the annexation and zoning.
11. A formal Annexation Agreement will be developed between the City of Rexburg and the
Developer prior to Annexation.
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