HomeMy WebLinkAboutAPPLICATION - Barney - 407 & 410 W 1st N - Rezone from LDR1 to MDR2P�URG
o` 0 °Q P.O. Box 280
o Q ¢ Q// m� .�' Il, QQ D°Q%J 12 North Center Street
(/ Rexburg, Idaho 83440
$ - "
Phone (208) 359-3020
STATE OF IDAHO Fax (208) 359-3022
4etrSHfiO
e-mail rexburg@srv.net
Annexation/Rezone Application
Note: A pre -application conference with staff and a pre -application neighborhood meeting are
required prior to the submittal of this application. Contact City Hall at 359-3020 for details.
File Number: Fee:
Current Zone: L OR I Cross Reference Files:
Requested Zone:
Applicant Information
Applicant: Phone:
Owner ❑ Purc aser ❑Lessee W/
Applicant's Address: ZO, i < < ,, % Zip; g3y�y
Recorded Owner: Z2 e Phone:
Recorded Owner A ress:. �—Sk " FAX: • d s -Contact Person (If different from a ove): — e Phone: �
/
Address of Subject Property: WO 7 t,) /
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): .d +�
Parcel Number: EP X IDS OD��
P�1 �.��s , nc�t� __& aa,-n.� y
Quarter: Section: 19 Township: Dl n Range:
Development Information
1 . Size of Property: Square Feet. Or Acres
2. How is the property now used? C_ndj?)e !Lc
3. How are the adjoinin prop ies used?
North: IQI - Camrr`c,4
South: o
East: L/9 6 1-zLI V <a //e
West: 14 V fe/ f)
4. Are there any existing land uses in the general area similar to the proposed use? If
M
5. On what street(s) does the property have frontage? k -� 'vb iv
6. Why are you requesting annexation in to the City of Rexburg? 111 -A
7. What use, building or structure is intended for the property? /,pat I-�5
a(—i'17-lCXf
8. What changes have occurred in the area that justify the requested rezone? q
40f4edihv compPeAenr:J@ pleen .jo mLtI�; (arn")t/ -je M4?n 510eet S fiV ob
9. Will this zone change have an impact' on the schools? /. 11 �Jtv
10. Are water and sewer facilities, streets, fire and police presently serving this area?
►/e 5
11. Ar `iky services adequate to serve any future development proposed?
12. Will theasures be proposed to assure that public facilities and services will be
added? VPS
13. Is the site large enough to accommodate the proposed uses, parking, and buffering
required, according to zoning Ordinance #725? lho S
14. Is thg area currently sub -divided or going to be sub -divided?
15.
Anv nririitinnnl nnmmcn+c7
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, water and sewer, property sizing and location.
Signature of Apffitcgnt j ` 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 %z 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)
�X GOro, �CVi912� �3f/�D
(city) (state)
being first duly sworn upon oath, depose and say:
1. That I am the-recQrd okyner of the property dess ri on the attached, a d I grant my
permission to lo enz t, -Jif Is k�S
(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 ��4Z4 - , 2003
ignature) ._—.--..
SUBSCRIBED AND SWORN to before me this day and the year first above written.
Notary Public for Idaho
Residing at: Z -X yµ(up S�
My Commission Expires:
DALE P. THOMSON
NOTARY PUBLIC
STATE OF IDAHO
(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
comer, quarter comer, meander comer, or mineral survey corner;
c 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 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.
G'f'3
.. V'iRRA.i°3TY DEED
'kwMKAM LAND NAE OC,
P. a scat rte
i`::k v',�g,at etaveived
It It kay Barney, A STIV;LK MAN.
like grantor . do hereby gnaa4 bar'f+i4 sell and convoy warn
Burdell D. Rowbury and Betty Ana Rowbury, HUSBAND AND WIPE.
whose current address is
Rexburg, Id 83440
the `teeter , the following devetihed pteraism in—_Madi.son_--- County Idaho, to wit:
Coornencing at the Southwest corner of the Bust Half of Lot 4 in
Block 27 of the City of Rexburg, Madison Countyr Idaho, as per
the recorded plat thereof and running thence North 130 feet;
thence Bast 36 feet; thence South 130 feet; thence Rest 3b feet
to the point of beginning.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee
heirs and amicas forever. And the raid Grantor do hereby covenant to and
with the said Grantee , that he the owner in fee simple of said premises; that they are free
from all intambrances
etcelt: Subject to all enstitq Patel mtrntins, ea-esetts, Tints of nf, prattetire
currants, tniq stdiwates, and /lllitalls brtfiitl redo, lass rad redslitism.
and that be will warrant and defend the same from all lawful claims whatsoever.
Dated: Septusiber 6, 1994
W11 R y Bara
STATE OF IDAHO, COUNTY OF liadisra
OR Ills stl da of st"Mitt • is 91 .
Move aw, • aetary public In W for rid grata, ryrowafy
agpwrad Dell J. Barney , know to ne to b
the person whose nave in subscribed to
the within iastnutent as the attorney
in fact-af�Dal'1;Pny Barney and acknow-
ledged to.us that.be subscribed the nave
of Detaij,.. rnq tress ess to as principle
and fila driA'naN' ',m itturney in fact.
V w
_�...T:..,_.._....;..t�tlet.L� • Not Pulse
Rasidkg at •. Inbgf . , Hobe
Ce— BspMs 161:5111
f'
a
pay NV'Mowa. ISS ;453843
1 nsebr ro or two tw -I- kms+ uar
sed
M_1-X41-M.rd
t.,,,e.dmrbn.__ _
bny
M M arpausc114
a �pt.1L11F.Co.
--•-Y.Mffl
P. 0. BOX 732. ... . .
REXBURO,IDAIIO B3440
WARRANTY DEET)
For Value RtcelvMt
Tad William Wbit.A and Neocy it. Whyte, HUSBAND AND WIPE.
the grantor , do hereby Brant, bargain, sell and convey unto
Dell Ray Barney, A SINGLE MAN.
whose current address to
282 North 2300 Bast, St. Anthony, Id 83445
the grants , the following described premisee, It, ......... ....Madinon .County Idaho, to wit:
Connencing at the Southwest corner of the Bast Half of Lot 4 in
Block 27 of the City of Rexburg, Madison County, Idaho , an per
the recorded plot thereof, and running thence North 330 feet;
thence Bast 165 fent; thence South 330 feet; thence West 69 feet;
thence North 130 fret; thence West. 60 feet; thence South 130
feet; throve Went 36 feet to the point of beginning.
TO HAVE AND TO HOLD the eald promisee, with their appurtenances unto the said Grantee
heirs and assigns forever. And the said Grantor do beret,, covenant to and
with the said Grantee , that he the owner in fee simple of said pmraisea; that they are free
from all Incumbranots ereept: Subject to All etUlisg patent resenatlots, euneots, rigbU of uq, protective
eensub, insist sfilsances, and Applicable building codes, tall and repulitical.
and that he will wacrant and defend the same from all lawful claims whatsoever.
Dated: July 8, 1994
Ted William Whyte
STATE OF IDAHO, COUNTY OF NAdleol
On this Stb day of my , le St .
afore me, a notary public In and for said State, personally
app -M
Sed willies wbrte
Iancl 1: glptt;
knows V me to be the tenth 0' 'whose name 5 a.w
subwiitid';to the within;nAtrymmt,. and acknowledged to
Me that executed the same.
Ne a ..
— i ta
wbue
Residing at Inburg , Idaho
Comm.I;xpitts OLjlSjll
Stale of ldho )Ss
CountyMJ/�YDtia
of Madison )
1 homby oe" that tho Whin imitumoot was
pod_ '.Stl. O +►�
13 M1-;� _M., area j�Vaw!
recorded on Film__ o__
by TIi &q/C ESQ, : ocordur
' D DW7
Algia ry>Qurlol e C9.
8