HomeMy WebLinkAboutResolution 91 - 02 Amend Legal DescriptionRESOLUTION AMENDING LEGAL DESCRIPTION
IN REXBURG CITY ORDINANCE NO. 681
WHEREAS in May of 1988, the Chapples requested a
change of zoning pertaining to the property which they own in
Lot 1, B1ock.5 „South End Addition in the City of Rexburg; and
WHEREAS a public hearing was held on June 1, 1988, to
consider said zoning change and subsequent thereto an ordinance
was passed by the Mayor and City Council dated June 1, 1988,
approving the zoning change from commercial to R-3; and
WHEREAS it has come to the attention of the Rexburg
City Clerk that the legal description which was provided by the
Chapples to the City contained certain errors,
NOW THEREFORE be it resolved that the City Council
allow an amendment or addendum to Ordinance No. 681, correcting
the legal description in said ordinance to read as follows:
"A. The following described property located in
Rexburg, Madison County, Idaho, is hereby zoned R-3:
All of the Lot 1, Block 5, South End
Addition to the City of Rexburg, Idaho,
excepting therefrom the following parcel:
Commencing at the Northwest Corner of Lot 1,
Block 5, South End Addition of the City of
Rexburg, and running thence 68' East; thence
148.5' South; thence West 68'; thence North
148.5' to the point of beginning."
The Rexburg zoning map shall also be corrected to
show the proper zoning of said real property.
Passed by the City Council and approved by the Mayor
this 6th day of February, 1991.
CITY OF REXBURG
ATTEST: Its M yor
City Clerk
RESOLUTION AMENDING LEGAL DESCRIPTION
IN REXBURG CITY ORDINANCE NO. 681 -1-
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SAFETY CONCERNS ON MILLHOLLOW DRIVE
Bruce Sutherland handed out toihe council ideas and options that were considered
by the Safety Committee, residents, Chief of Police and a member of the Madison
County Commissions for the safety concerns on Millhollow Drive. (Attached)
The mayor told him he thought the safety committee had done a good job, it was the
best report he had heard on that road. Bruce Sutherland said that if the High
School ever expands in that direction we would have no other alternative than to
close the road. Bruce Casper said he did not think that was the solution.'Bruce
Sutherland told them they were not able to acquire all the land for a new road, and
when the trucks come down the Barney Dairy Road and come to the highway there is no
way the trucks can get on the highway. They are checking on the Pole Line Road and
9th South. The mayor said the improvement of the Erickson Dugway Road and building
of the new street is 2 or 3 years in the making. Bruce Sutherland said if we close
it to truck traffic you will have to close it to all truck traffic. If there was
any construction going on up and down thatorad it will present a real problem.
Nyle Fullmer said he did not think the closing of the street was the answer. We
have 90 days until school will start and we can study it further. The council
discussed it at length. Discussion posponed until after the zoning hearing.
ZONING HEARING 8:00 P. M.-
The mayor stated that we have had a request of re -zone area of Brad Chapple,
Robert Chapple and Del Chapple property from commercial to R3. The Planning
Board gave approval for it and the city council circulated a petiton in that area
for the residents within 300 feet. No one protested. Tile place where Chapple
Paint store is will remain commercial and also where the car wash is and the businesses
on 5th West. It would just be re -zoned where the homes are now. Gaylen Gneiting was
at the meeting to protest. He did not understand what they were doing. There is
a paint shop there, they mayor told him that would be Grandfathered in. The auto-
motive paint shop would be grandfathered in. He said his complaint is that the value
of his property is decreasing from his ideas of what he wanted to do with his property
is next to Barrick Candy Company, at 309 South 5th West. It was determined that his
property is zoned R3 and lie would like to have it zoned commercial. He was told lie
would need to go to the Planning & Zoning and request that the zone be changed.
Mr. Gneiting withdrew his objection. The mayor ask John Millar, Chairman of
Planning & Zoning if he had anything to add. He did not. A motion was made by
Nyle Fullmer & seconded by Bruce Sutherland to re -zone the property from Commercial
to R3.
ORDINANCE 681
Mary Smith read Ordinance 681 to re -zone the property of Brad Chapple, Robert
Chapple, and Dell Chapple.
AN ORDIANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO
AND PROVIDING THAT THE ZONED DESIGNATIONS OF THAT CERTAIN PROPERTY HEREINAFTER
DESCRIBED, SITUATE IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER
DESIDNATED AND PROVIDED WHEN THIS ORDINANCE SHALL BEOCME EFFECTIVE.
A. The following described property located in Rexburg, Madison County, Idaho,
is hereby zoned R-3:.
That part of Lot 1, Block 9, South End Additon to the City of Rexburg, Idaho,
described as follows:
Beginning 200 feet East of the Northwest corner and running thence East 128 feet;
thence South 330 feet; thence North 181.5 feet' thence East 200 feet; thence
North 148.5 feet to the point of beginning.
A.motion was made by Councilmember Darlene Blackburn and seconded by Council member
Nyle Fullmer that the rules requiring an ordinance of a general and permanent nature
to be read on three occasions be dispensed with and that said ordinance be numbered
681.
Those Voting Aye: Darlene Blackburn
Bruce Sutherland
Nyle Fullmer
Bruce Casper
Glen Pond
Those Voting Nay: None