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Home My WebLink AboutAPPLICATION - Smith, Stephen - 368 W 4th S - Rezone from HBD to MDR2P upo a 9QCISHEO 0/ 2(RX1MT7 STATE OF IDAHO Annexation/Rezone Application Note: A pre -application conference with staff and a pre -application neigh) required prior to the submittal of this application. Contact City Hall at 35 File Number: Fee: Current Zone: Nj3p Cross Reference Files: Requested Zone: 1vt7RZ P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359-3020 Fax (208) 359-3022 e-mail rexburgQsrv.net 18 3W eating are Applicant Inf9rmation c S Applicant: ��--��--cG�,,�,,,••-� --i Phone: 35'6 - s'3a3 Owner ❑ Purchaser ❑ Lessee Applicant's Address: 366 V. CIA -S Zip: 83t/yo Recorded Owner: Phone: Recorded Owner Address: FAX: Contact Person (If different from above): Phone: Address of Subject Property: 368 w, Mapping Department must initial here to signify address verification. REXBURG Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: J or 3 f3ls,&- / /G/, Quarter: Section: Townsh Range: Development Information 1. Size of Property: QDo Square Feet. Or Acres 2. How is the property now used? RA,54 f Q How aro th- .,-47 Are the yes, whet are they, qnd where are they located? 5. On what street(s) does the property have frontage? Y.� ,s, 6. Why are you requesting annexation in to the City of Rexburg? 7. What use, building or structure is intended for the property? - tw I 8. What changes have occurred in the area that justify,the_ requested rezone? No 1, V" 1, lti sa,. � � A . roe-h vw�s 9. WIII this zone change have an impact on the schools? /Jo 10. Are water and sewer facilities, streets, fire and police presently serving this area? ye's 1 1 . Are City services adequate to serve any future development proposed? 12. Will measures be proposed to assure that public facilities and services will be added? yl� 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required, according to zoning Ordinance #725? YC5 14. Is the area currently sub -divided or going to be sub-divid No 15. Any additional comments? Note: 1. When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be accepted if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 2. A formal traffic study will be required for a 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, signaling, ter and sewer, property sizing and location, dam. f2—r3-i SigreAure of Applicant Date OFF/CE USE Oft Y Fee:$ Check#: Or Cash: Date Paid: Date of Notice: Date of Public Heari B 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. (8 % x 11 ") at 1" = 300' scale, showing location and current zoning 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. AFFIDAVIT OF LEGAL INTEREST State of Idaho, County of Madison, City of Rexburg: (name) (address) (city) (state) being first duly sworn upon oath, depose and say: 1. That I am the record owner of the property desscribed on the attached, and I grant my permission to , (name) (address) to submit the accompanying application pertaining to that property. 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 day of , 20 (Signature) SUBSCRIBED AND SWORN to before me this day and the year first above written. Notary Public for Idaho Residing at: My Commission Expires: (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 corner, such as a section corner, 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 PREPARATION OF ANNEXATION 1. All required information is received and accepted by the City Clerk or appropriate staff. After pre -annexation hearing a public hearing is set before the Planning and Zoning Commission as provided for in IC 67-6509; 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; 7. 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 later 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. P=8159 WARRANTY DEED Fiat AmericanllHe Copy, For Value Received Michael W. Mickelsen and Michelle Dawn Mickelsen, husband and wife Hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Stephen Smith and Annett Smith, husband and wife whose.address is: 368 West 4th South, Rexburg, Idaho 83440 Hereinafter called the Grantee, the fdbwing described premises situated in Madison County, !daho, to -wit Commencing at a point 103 feet East of the Southwest comer of Lot 3, Block 1 of the Mingler Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 80 feet; thence North 125 feet; thence West 80 feet; thence South 125 feet to the point of beginning. Instrument # 288117 REXBURG, MADISON, IDAHO 2001-00.14 04:00:00 No. of Pages -1 Recorded for: FIRST AMERICAN TITLE MARILYN R. RASMUSSEjY ].00 Ex-Officlo Recorder Dep /Y SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of awing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantees heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. /Dated: Ma 14, 2001 Michael W. Mickelsen 6�i4le Da�/l��l. - Mi elwn Mickeisen STATE OF Idaho )ss COUNTY OF MADISON On this 14th day of March, 2001, before me Loma Leigh, personally appeared Michael W. Mickelsen and Michelle Dawn Mickelson, known or identified to me to be the person(s) whose names) are subscribed to the within instrument, and adT ovdedged to m9 that they executed the same. 4N(5�—� of Idaho LNOMTARY—C - Residing at Madison County, Idaho Commission Expires: 02/16/07