HomeMy WebLinkAboutAPPLICATION - REZONE - Wilson George - 355 W 2nd S - Rezone from MDR to MDR2 - Deniedo��uRc'O
/1 P.O. Box 280
a
12 North Center Street
Rexburg, Idaho 83440
STATE OF IDAHO Phone(208)359-3020
Fax (208) 359-3022
9g(ISH e-mail rexburg@srv.net
Annexation/Rezone Application p E C
Note: A pre -application conference with staff and a pre -application neighbo Edetail:s.
D
required prior to the submittal of this application. Contact City Hall at 359- 2
File Number: Fee: CI i OF REXBURG
Current Zone:_ M 1)12 Cross Reference Files:
Requested Zone: M Q k 2 w;�hofr�iahk( rtse perrhifi
Applicant Information
Applicant: (- ey q el _JA) I 159r) Phone: —% - 76 1 W
X Owner ❑ Purchaser ❑ Lessee
Applicant's Address:_ 630 Tqurt4S pr Zip: 34 t-/ p
Recorded Owner: Phone:
Recorded Owner Address: FAX:
Contact Person (If different from above): Phone:
Address of Subject Property: `r� L h S
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 b/ Acres
2. How is the property now used? g e /7+,m S 3021,- �- v- Wee n/e,c
3. How are the adjoining properties used?
North: man4-Adlcrzd hotPe wifZ r -et? -%rS
South: t rPn Fal horn , arlcf Cl. AU01eX will,callr�e s3—ic/��ris
East: co e e hoy Sin Cltorr,e convey -fv rehf&,(
West: ctu1-a 170dy Skop a rhvrase rhe
4. 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?
Nost 0-( " e Jtlrroct/2oiryti n-?i6k6P,-4aod are rehr vd-c.
rVCH7l 'I ke- al - E '7- rQX eS a �i- leX nJ P/h �Ju/ i Uri
/ready bui It 166/ ),in a or 2 b/orrt aircui. iq re,, cv
loh o -F b-P/aka on Y -f" W hear Yt", S7 Y-Ptex ex or yt' Lt/
41t4r /S+ S, a �l Alin mw 3'4 W a a„d S/ sumac Ap/r
0-1, 2S� Ailah�ir lip hex -/- eloor,
5. On what street(s) does the property have frontage? ;hO(y v y ^ ISI%
6. Why are you requesting annexation in to the City of Rexburg?
7. What use, building or structure is intended for the property? 6/rx er fO
be, 3�9;M jY G�ONSO�
rh
8. What changes have occurred in the area that justify the requested rezone?
A /of a_� 40,"elare Se/%rhs 4 he6onthl and an�/ 14-d is beivt
9. WIII this zone change have an Impact on the schools? /1?0 f (; %e /V /7�e p�v,
tiawfs IMI b� Xouhc,�arKW 6a1Lecr, stzf P
10. Are water and sewer facilities, streets, fire and police presently serving this area?
Vg <,
11. Are City e Ices adequate to serve any future development proposed? WQ do
h_0f khoi.✓g` time
12. WIII measures be proposed to assure that public facilities and services will be
added? V �S
13. Is the site large lenough to accommodate the proposed uses, parking, and buffering
required, according to zoning Ordinance #..725?
14. Is the area currently sub -divided or going to be sub -divided?
No
15. Any additional comments?
The- univer-64)/ has Paid reper4djy 1-hd 1 -hr
eA"C'i Dlee d
.1 . , rl/ vt Tu r move t? E 11 e 2 2
.-flow NS hW'(je{ "'or'e LfAiii7, 07 C✓ur7'P .
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 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, water and sewer, property sizing and location.
//-/-02-
Signature of Applicant Date
OFF/CE USE ONL Y
Fee:S Check#: Or Cash: Date Paid:
Date of Notice: Date of Public Hearing:
bl'; /f 0-�7
ave,
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:
630 Tatirtis (�,
(name) (address)
Ren bar -Tb
(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 Ci o f ao xyW--t.�
(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 11 day of -T.c+v-P. "to , 20 P "Z
(t "k "0'
(Signature)
SUBSCRIBED AND SWORN to before me this day and the year first above written.
Notary Public for I aho
Residing at:
My Commission Expires: -7 AZ 73 J
(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
comer, quarter comer, meander corner, or mineral survey comer;
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;
Planning and Zoning public hearing takes place and fmdings 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);
C --
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.
It. A formal Annexation Agreement will be developed between the City of Rexburg and the
Developer prior to Annexation.
M.]
I. N-LIAbIOX 83ESCROW
P
,.- REXBURG, 10 .3440 WARRANTY DEED
Ord¢ No.:30d0211516-B
FOR VALUE RECEIVED
James F. Shirley and Doris C Shirley, Husband and Wife
the grantor(s), do(es) hereby grant, bargain, sell and convey unto
(N+
George Wilson and Diana Wilson, Husband and Wife
whose current address is 227 South 4' West Rexhurg, Idaho 83440
the grantee(s), the following described premises, in Madison County, Idaho, TO WIT:
Commencing 100 feet West of the Northeast corner of Lot 2, Block 6 of the South End addition to
the City of Rexburg, Madison County, State of Idaho, as per the recorded plat thereof, M the place
of beginning and running thence South 260 feet; thence West 125 feet; thence South 10 feet; thence
West 105 feet; thence North 135 feet to the West line of the Union Pacific Railroad right of way;
thence Northeasterly along said Railroad right of way a distance of 158 feet; thence East 147.3 feet;
to the place of beginning.
Reserving a right of way easement commencing 100 feet West and 90 feet South of the Northeast
corner of Lot 2, Block 6 of the South End Addition to the City of Rexburg, Madison County, Sate of
Idaho, as per the recorded plat thereof as the place of beginning, and running thence West 20 feet;
thence South 150 feet; thence West 210 feet; thence South 30 feet; thence East 105 feet; thence
North 10 feet; thence East 125 feet; thence North 170 feet to the place of beginning,
TO HANE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns
forever. And the said Grantor does hereby covenant to and stith the said Granlee(s), that (s)he is/me the owmer(s) in
fee simple of said premises; that they are free front all encumbrances Except Current Year Taxes, conditions,
covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record.
And that (s)he will warrant and defend the same from all lawful claims whatsoever.
Dared: I/2 !20 2 _
(s vacs F. Shirley
State of Idaho }
}Sa,
County of Madison )
Doris huv
On this / • of -O
. before me, a Notary Public in and for said state, personally
appeared lames F. Shirley and Doris C. Shirley
knowrn or identined to me to be the person(s) whose names) subscribed to the within instrument, and acknowledged
to me that he/shehhey exeaned the some,
IN WITNESS WHEREOF I have heretmtn set
my land and affixed my a" seal the day and year first above
Written.
IIJOHHS
••"• •., O
No rate Sri Idaho
oho
`�.`�Q�S,:
a A q}`•,Z 3
Residing att
i i =
Commission E� tres. /
iPv., PU alt�:r0
9
Instrument # 293718
��IIIUllfllno
REXBURG, MADISON,..,,
aA0NO No. nl �a: t
x001 -01-2s SCROw
tor: ALLIANCE ITLE
Reeerdsd FM: 3-00
MARn-YN R. RASMUSSE
Ex.ORIelo Recorder Deputy
�
� ¥
� � � /�<�
\°
7
� � � �\�
%\/\
�
«d<«:®»«�
��
%\�
w«� \�
\
�
- �
_%�
\
. �.
2�� �
} d
��
\
� \ ° � � /
<� °
� �\> ,
� ^� �� � � :2 d2 2»~t
..y;v �\� � §d:
:» ? y< d� yy �>: <
.w��<.,�:2y\,�� \