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HomeMy WebLinkAboutAPPLICATION - Stone, Samuel - 477 Yale - Rezone from LDR to LDR1q� U o`'��uaq'o a c �T9BI.ISNE� � cay 0/ 2exlmr f STATE OF IDAHO Annexation/Rezone Application Note: A pre -application conference with staff and a pre -application nel required prior to the submittal of this application. Contact City Hall at File Number: Fee: Current Zone: [ _ D k Cross Reference Files: Requested Zone: Ln(_ \ P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359-3020 Fax (208) 359-3022 e-mail rexburg@srv.net KO a,E6 2W2 details. CITY OF REXBURG Applicant Information Applicant: 5AMIA,EL 1). STOAJ Phone: 3910-'-4101 (Owner ❑ Purchaser ❑ Lessee Applicant's Address: LI `1`11 Vale Zip: 8 34 4 O Recorded Owner: 5a n, e, Phone: i5,ilie_ Recorded Owner Address: SKO"e FAX: 3 Stn - 4 So S Contact Person (If different from above): — Phone: Address of Subject Property: L�l 1 Ya It 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): L o S( 7- un t 3 1 r� h( ,eie k 3 Cff I llL 5lgetW,Poa FI1�1s Swbdtv;5;v:71 D;.,rs:an N9.?11 C t ( of 12cKbw�J` 1p'1i5� 1 Parcel Number: Quarter: Section: Township: Range: CoKn•+N, lanlnv1 As (gar 'fht feco,-,4ed plat Hlracu� Development Information 1. Size of Property: Square Feet. Or Acres 2. How is the property now used? RO's l d f-V1+%a I L DR 51 ynm Lt 3. !'A How are the adjoining properties used? North: 2 FA y,. A y Res i South: 2Glry ilu 1?tsf, East: SI'n 14 !✓ West: 2 1:-..e.,.. Al,t? sl. Are there any existing land uses in the yes, what are they, and where are they located? %1 71 - n r 5. On what street(s) does the property have frontage? VA Lt. Avan,ke 51?' S o AN 6. Why are you requesting annexation in to the City of Rexburg? WA. 7. What use, building or structure is intended for the property? FFKt3f,;t�_ 8. What chan es have occurred in the area that justify the requested rezone? I r%er-re1 ej )at- a Ze s±A&,J, .J ti.0 uta n� 9. Will this zone change have an impact on the schools? y�q 10. Are water and sewer facilities, streets, fire and police presently serving this area? 11. Are City services adequate to serve any future development proposed? e S 12. Will measur s be proposed to assure that public facilities and services willtl be added? NA 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required, according to zoning Ordinance #725? f Gx�lirinn PAe&e,n.e _Is RdelwA:t6 14. Is the area currently sub -divided or going to be sub -divided? Arc t 1s cl,rea Jy dwGltv��d 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. Be ore annexation, the person or firm applying for annexation will agree to certain things: Curb and gutt , streets, signaling, ater and sewer, property sizing and location. S DEC OT Signature of Applicant Date OFF/CE USE ONL Y Fee: $ Check#: Or Cash: Date Paid: Date of Notice: Date of Public Hearing: Additional Submittal Requirements The City of Rexburg requires the following information to be submitted to the City Clerk for every application for annexation: 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: I, Sae ✓ n K l c l li _ S40 ✓i -t F 7.1 IR f Ave— (name) (address) i�eq,b%C (4 Y) (state) being first duly sworn upon oath, depose and say: 1. That I am the record pwner of the property desscribed on the attached, and I grant my permission to r\J A , (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 7 day of _7-e ( y nsl d�Al^ 20 1 XC,4,� (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: 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 comer, meander comer, or mineral survey corner; 1. 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 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; 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 Tan 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. M �G�1�G�M�000 �;1�C>=L� �MC�OOMQ�00(I�l C i CITY OF REXBURG, MADISON COUNTY, IDAHO PART of the NW 1/4 of the SW 1/4 of SECTION 29 T.6 N. R. 40 E. B. 0 3a9 50' fP08 360.00'QI EAST Q lO O I O SOfl ENSENQADDITION Q I JQ 5 1 9 1 1 ^ EAST o 60' ----------- 220.0 ................1—_ ��Q 0 C o0 „ o^ ^ by O EAST F I I< o _ 99.5' b0 Is n ^ , N o'_^ � °;1' / !236:_.0^ rv°' I EAST 3]9.5' = I 0', 00>9' m ]5' ______..2.3'_____... ., a____._._._.16<.5.._.... _.. I . / 30' O O f ' G O- 2J 1J 5 1 ,W ----------- IS O Q ' Q 30, wn WEST2 ° f 41°• JR. i `p S) W n P N f' ©a J6B :l. ;A 2 00'I . SCALE; 1•'60' G °YT yo, '9a5 3 ;n25 !.H T2200O ;m sP `p00 / A°6 Q 10 0 LEGEND ; .. T2' .: i� .\ ^l Py L i"6. SJ'A ��Pdti• Jar_° °� 0 1/2" IRON ROD Q o y6y SN Sq COyeOmp �'R^ ••i ge O 5/8 IRON ROD = C6) .9 SQQ h ' \ �� 6 \\ Q a 3 u. o`y 13 7 POINT Of BEGINNING " / 00 'v Q �fS ' pj D BLOCK NUMBER {: i 9 a 20 m J2 �P, .� 99)/•h © LOT NUMBER ®4. D0161 0�6 Rio. P 0`q.5°O Sm 12 f 0 {J� CURVE NUMBER E+Si 96 BT ��� yam''{/' Y v o • O EASEMENT LINE 2B' 6— 1" ByQU,y �J O � '\. } /spy d, 22� w - WATER LINE 5•` JA`O Oy f, s. e q S 3 � / ..830: - r mc.. y ya, \"� NOTE ALL EASEMENTS '0' UNLESS f�NN i. ,OA OTHERWISE NOTEM O IL f --! E �- O•v o ,• o09m p i o Bi l0 20 P8 T N/ x 1, , E• I S-14'211 I,"!: ♦w W 9 _ .. _ _ _ ( _ ne o' L.. 1 EAST 11805.9!' iOp 5i _. 1147 '66 tl0 goo' j' rp 0' O 99 81' I IIx I� NOT ¢ my Q . Ao (9)•'.I OI... 13 N o (1 ' p n ap l'i 'q V) o_Io - _x EAST 10556. 7997_.J• 'ti 94 90'. =900— 1155'. !U' 7996 a615r�' -55 ]d�-, _ax._.. . �_. LAST '] a50 ' ° w � � OS" _UI 25 _.___..-__ _ 5]950 31 23 __v— i 2]L 51n SOUTH - N012/�" " 0 3100. 56.65• 10 1ya A:� n ^ EAST TS !' IA�a90,70: 90OOB'. IB/x� .. .-........963 @7 o;NOO o C o "v Sa oo 11 " i.. 90... -....-$0._. .... 90' . .-_........ 90 ----------- - 90•.. a 25 25' .9860' _ _ 9860, ..... 9060 ..._..-... 987 WEST 89. 50' �— This plat is made for location 1-11 HARPER -MORGAN 8 ASSOCIATES purposes Only, no liability is -Y • BLACKFOOT, IDAHO assumed hereto for any 3 December 2002 Mr. Winston R. Dyer, Chair Planning and Zoning Commission City of Rexburg 12 North Center Street Rexburg, Idaho 83440 Dear Mr. Dyer: COPY Sam and Shari Stone have informed me that they submitted an application for a zone change for their property (477 Yale) from LDR to LDR1. As president of the Third East Neighborhood Association, I am writing in support of this temporary zone change in order to bring the current uses of the property into compliance with city ordinances. This support may seem contrary to our associations simultaneous application for a neighborhood zone change from LDR1 to LDR, but let me explain my rationale. The motivation behind our request to change the neighborhood to LDR is to prevent any further basement apartments from being created. The proliferation of such apartments in our neighborhood would make the area attractive to absentee landlords, which we would like to avoid. Nevertheless, we are only interested in preventing future apartments, not in abolishing any existing apartments. Consequently I am in support of any effort to bring current apartments into compliance. As the Stone's apartment currently exists in an LDR zone, and a temporary change to LDRI. would allow them to apply for a conditional use permit, we are in favor of their application. Once the property was in compliance we would include it in our application to rezone to LDR and the apartment would be grandfathered in. This may seem like a complicated way to solve the problem of an existing apartment, but I feel it is in the best interests not only of the Stones but also of the neighborhood as a whole. Thank you for your time and consideration. David Pulsipher President, Third East Neighborhood Association