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HomeMy WebLinkAboutAPPLICATION & DOCS - 06-00022 - Liahona Inc - 280 E Main - Rezone from LDR2 to RBDy 4 ~ C1TY - ~ , _ Q1. t u yy `~~ - . _ ~ .,.. [7 I ' 1 ` j :Ct~J b O K REXBLIR~ I r q~~~ AMERICAS FAMILY COMMUNITY 79 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexbura.ora comdevanrexbura ora RECEIVED Note: Apre-application conference with staff and apre-application neighborhood mee~~arQ~e~l.~~ to the submittal of this application. Contact Community Development at 359-3020 x2 for details. Permit Number: ~i~~- - Z ~ Current Zone: l.yW DI;lUS I i y f2~ l®(,~r~(~ Requested Zone: ~e ; ~ 1 L~~y$,h rss i~~f`lzrc Application Information Applicant: ~- ~ ~ ~ ~~ ~ ~ ""' ~' ~'j Fee(s) Paid: Yes/No Annexation: $500.00 Rezone: $ S ~ + $250.00 for Publication Fee Cross Reference File: (Owner ^ Purchaser ^ Lessee Applicant's Address: 5 Z 3 ~ S~n-1 ~~~ ~~ T Recorded Owner: ~ l ~ l~U n /-} ~ ~vv c. , Recorded Owner's Address: ~ Z 3 ~; Say rN ~(~ e~ Contact Person (If different from above): (f~'L~ Address of Subject Property: a ~C•7 ~~S i ~~ ,',-, S Annexation/Rezone Application JAN 1 2 2006 Phone: S 2 `~ - ~ ~" ~" o City/ST/Zip: T 0/~/fill ~4C~ y -T~~ vj ~ ~jp y _ Phone: s Z ~-/ - ~ ~-} _City/ST/Zip: T D~t~ ~',cQ(~~~ -T, ~3 ~ p~ ~ ~ ~~ ,Phone: Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): / - / Parcel Number: ~(.' ~ ~ ~~~~ 2 (~~ % ~~ ((~ Quarter: Township: Mapping Department must initial here to signify parcel verification: Internal Office Routing Reviewed Planning and Zoning Coordinator Review Public Works Department Legal Services Office (Category A, B, or C) Mayor Administrative Review Rezone Fees• Less than 1 ac e: $500.00 More than 1 acre. ess t a 5 to 10 acres: $900.00 Date of Notice: Range: (Annexation Plan) (Can Services (Comprehensive Plan Complaint) (Approval to proceed) (Appropriate Fees Paid) ruoucano~_ 'j~Y Total Fees Due $ Over 10 acres, less than 20: $1500 5: $850.00 20 acres and over: $2500.00 Zoning Verification Letter: $40.00 Date of Public Hearing: PAID JAN 1 2 2006 Development Information 1. Size of Property Square Feet (or) Acres 2. How is the property now used? C~2r2G` rvr'~ U1~1 C)C C U ~ 1 ~ 3. How are the adjoining properties used? North: p °G ~ e ~' /4 G ~ G2~~ ~~ T~ ~ ~~ South: _ )/Y~ ~S a D !-~ ~ D Yl; T- ~ ,ry ~ East: 5 t~'C~"7` - ', 2 ~ 1~~ West: l~vn ~ - (~ lam! DGYV n ABC, 4. Are there any existing land uses in the general area similar to the pr posed use? f yes, wha are the ,ands whe are they loca ed? ~ - ~~r ~ ~'t ~ Gw ~ G ,~~; l py,~ 5. On what street(s) does the property have frontage? G'J l~t ~' v ~ ~' 6. Why are you requesting annexation into the City of Rexburg? ~J /~ 7. What use, building or structure is intended for the property? USA - k~~ y~~(y~,~ ~~~ t-~SP~~c~ ~~~~c~ , 8. What changes have occurred in the area that j ustifies the requested rezone? ~h 1 b'V U~-71 (~~ ~ ~l ~~ 9. Will this zone change have an impact on the schools? ~~ 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? ~,/~ 12. Will measures be proposed to assure that public facilities and services will be added? UV~/~ 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required? ~S 14. Is the area currently sub-divided or going to be sub-divided? 15. Any additional comments? Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be processed if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 1. 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. 2 ~ ~ Additional Submittal Requirements: The City of Rexburg requires the following information to be submitted to the Planning & Zoning Secretary for every application for annexation: 1. Current Vicinity Map. (8 %i x 11"" at 1" = 300' scale, showing location and current zoning of the property. A 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. All land descriptions must be certified by a land surveyor registered in the State of Idaho. 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 maybe required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as maybe 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. 4 ~ GTY O _ p REXBLIR~ ~ ~ _ :. „ . _ ,. " , _ __: AMERfCA'S FAMILY COMMUNfFY 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 +Nww.rexburg.org comdev(a~rexburg org Affidavit of Legal Interest State of Idaho County of Madison Name Address ~~ ~.. ~~ u `~~ ~~~ qty State Being first duly sworn upon oath, depose and say: (If Applicant is also Owner of Record, skip to B) A. That I am the record owner of the property described on the attached, and I grant my permission to: ~ ~~~ Name (~ Address to submit the accompanying application pertaining to that property. B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herin or as to the ownership of the property which is the subject of the application. Dated this ~ day of ~' fit', , 20~ Subscribed and sworn to before me the day and year first above written. ~~~V y ~ ~Q~ AR Y Notary Public of Idaho .~ ~g~~G ~ Residing at: t~~' 8r tEA ~ ~~~-~ My commission expires: 71Z~~L~ ~~~ • ~~- ~ti ~~ ,. ,. (D p ~ ~ .. ~ ~~ 0o N II II H~ 'rJ 'rJ I--~ W W II H >C ~ F-~ - r-r ~~ N~ w u u to ~ x m tai w m Z~ ~~ N O1 'may O II trJ u z~ tn~yl~ ~ row ~ ~ w ~ ~ ~ N N ~ r N II II t-~ ~~ ~ bd o L=J O ,tid o 0 b I~ ~~ ~~ ~ ~ ~ N o H N ~ ~ O ~ C N N , ~. ~ ~ OOF y' I R N N f r b I c H H 'z FC (nl d H r~ 5 W ~i 0 N wo w u, oo r w oo ~,-+ N U7 trJ W rA O o N w ~ ~ ~ ro~ron N H C~]~Jrhdly C f][sJ ~ ~ x ~ K~ to ° ~ ~~ O ~ r 0 ~ I 0 ~ 0 f~ o bd o c~ r ~ b oo 7C H d ~ HO t~i ~e~ ~ y G ro ~' N O ~ C t -~ ~ ~ •• O ~ ~ rb ~ ~ ro ~ o yx ~ trJ o ~ C /~ H x1 H x o O N H o ~ N ~C o ~ ~ O N 0 0 >F 'rd (~ r I H ~ v ~ L=J G] ~ bl7 II rA Ul k b H d z r ~~~ ~ O boo ;d ~ ru u ~ ~ ~ro~ n ;d H ro H H z N II ~ N '=J '=J •• N N !J1 ~A ~p II rA II r x v, do ~ 2~49Z5 MARRANTY DEKD GRANTORS, E. KEITH CROVER and FERN B. GROYYR, husband and wife, of 200 East Maln street, City of Rexbucq, County of Madison, State of Idaho, for a good and veluable consideration, the coceipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto E. KN.ITH GROVER and PERN 8. GROVER INTERVIYOS REVOCABLE TRUST, E. KE1TH DROVER end /ot FERN B. CROVER, TRUSTEES, of 280 East Main Street, City of Rexburg, County of Madison, State o! Idaho, as GRANTEES, and Gcanteea' succeaeore, forever, all of the tollowinq described real estate located in Madison County, Idaho: """Commencing at the Northeast corner of LoG ~, Block 1, o! the Rigby Addition to the City of Rexbucq, Madieoa County, Idaho, as per the recorded plat thereo[, and running Chance Weet 5 rods; thence South 10 rods, thence East S cods: thence North 10 rode to teh point of beginning."*" TOGETHER with ali imptovemente, easements, hereditaments and a4puttenances thereto. GRANTORS. Lor themselves, thslr Jtsiea, and assigna do hereby covenant, warrant and shall defs\+~d\ Fhe quiet and peacaDla possession of said premises by the GRANTEE/S, its hetis..and assigns forever against the lawful claims of all persons. In construing this deed, the whets and context so requires, the singular includes the plural and the masculine, the feminine } and the neuter. MARRANTY DEED 1~90e _1, IN NiTNLSS MHERT:OP, GRANTORS have hereunLO subscribed theft names to this instrument this "''; '~`^ `"~~ ,;__:,_ day o[ ,ions; 1990. <'" x'Keith Orover ~ ~~-~~' ocsntot Fern H. ccovar -----"'-' Grantor STATE OF IDAHO ~ COUNTY OF MADISON •SS On this ~ day of dm~,oin the year oL 1990, betots ^a, a Notary public in and for acid State, personally appeared E. KEITH OROVER and FERN R. OROVkR, husbsnd and wits, knorn to me to be the persons whose names ace subscribed to the vitt,in instrument, and acknowledged to me that they executed the samo. ,,r,~,,„,..,,,...,•.,, Notary publi.1,J~_ _.~__ . ~\E HAr!,~`•., Residing ln: Y7,r_~~ti„s'p :'?'~0T~1.r.,ti~~t My Commission ExpicAG:Q~ i-r~y6 6 ~` r y; ti a~~~~l L' G :` .,~.; .,., ,~~~ ~, . .. -- NARRANTY DEED ,. 23992-- 1~9oe _Z_ L ~~_ 01/25/2005 14:47 208359 REXBURG HOME HE~ Com~nunl#y Information ; PAGE 10 ' 01/25/2005 14:47 2083595 REXBURG HOME HE~ PAGE 11 ~ ~~ '. . ~~ . . . f •, ~ './ ~,.• ~•. . • '~ . . ~ yI ..~ :• '. . . ~+^ ' ' ~ _ } ~,. r . `'~ '~'~alk I~r '' .. ~r {~ • ,~ r ,, . . . ,r • . ~ ,~ .. .. ~ ,.J . r• .. ; _• r..~ r.. .. ~ i~ ~. -- ~~~ ~ 1 ~+ 1 1 .ter ti/ ~~.,~ ~. ~': !"tit i 1 r'te` ~ ,~ ~~ ~.v t ... ~ ~ .1r 1 ~r r 7 • ~ ~ ~ • y ~~ ~ ~- ~ ~ J r~ .~, . -.,~ )) f '~ y , ~ f l ,~ 01/25/2005 14:47 2083595 REXBURG HOME HE~ PAGE 12 ~- ~y- ~O frro~i`1 2~o~matv~ ~k5 ~a~- ~ (~ --fa~rHhf ~hce:Cl~h~~ Br mirkre~c! PAc~ ~~ ~r ~ku~ ~f ._ X10 ~~~°`~' a~'c~ 0r~ r~1~r m~Kt. r~er~'~t- ~~ ~y~- ~~+r~r~u~1~ • ORDINANCE 959 ~N ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY DF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY the City of Rexburg, Idaho: SECTION I: That the zoning map of the City of Rexburg, Idaho, which is filed with the city clerk thereof, be, and the same is hereby amended and changed to provide that the hereinafter described property situated in the City of Rexburg, Madison County, State of Idaho, be zoned as hereinafter set forth. The said property is located north of 2S0 East Main Street in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at the northeast corner of lot 4, block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence west 5 rods; thence south 10 rods, thence east 5 rods; thence north 10 rods to the point of beginning. The subject property shall be zoned from Low Density Residential (LDR2) to Residential Business District (RBD). SECTION II: That a new zoning map showing this amendment shall be certified to and declazed to be the official inning map of the City of Rexburg by passage of this Ordinance by the City Council of the City of Rexburg. SECTION III: This ordinance shall become effective upon its passage, approval and publication. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this 22"a day of February, 2006. / Shawn Larsen, Ma r ATTEST: B A•1 Blair D. Kay, City Clerk rch, 2006 Instrument ~ 326482 RexsuR~, wdsoN. roANo 200a-0}pg 09:55:00 Na of P+~D~s: 2 R~cord~d for : BLAMI NA MAIIKVN R. RASMU3EE w: 0.00 Ex-OOlcio Rxordw • >TATE OF IDAHO ) :ss county of Madison ) I, BLAIR D. KAY, City Clerk of the city of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance Entitled: AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY t)F REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Passed by the City Council and approved by the Mayor this 22"d day of February, 2006. f~ Blair D. Kay, City Cler c - - --~ -_~ ~ .sass ___ ~_ f= ~- I __ { ~_ _~ ______ __ O Low Densely Residential 1 Medium Residential2 ~ Rural Resitlential2 O Community Business Center _ Neighborhood Business District - Professwnal ORCe Zone Airport Low Density Residential2 High Density Residential 1 ~ „ Transdional Agrkultural 1 General Business District -Residential Business District -Technology and Office Zone ®Professional Ovenay Low Density Residential3 High Density Residential2 °' Transhional A Aural2 Re gricu gional Business Center Light Industrial -Public Facilhies Medium Densely Residential 1 O Rural Residential 1 _ Open Space _ Central Business Distrito ,,;~;: Heavy Industrial ,~~~ ~~ University ~>v ~ _ REZONE ~ , '~ ~I REXBUIZG ~ Ii%V Ammrar kurrily Grmmurriry ~ '~ lLttlpdrVe:DambM 10.1005 TlrhMrrMtlurmrYiutl MrYnmbwJfa raNma Wp~ar4'. YaWOn WUMVeMOie 1x14 RYt FeMury 25.2008 and RamugcnMbMdraepwwrLb fawln MiMtlr dxswurKlYtirgnd • 1tEXBUgr, ;oF ~~ CITY O F 'o ~-~T~T ~~ PLANNING & ZONING ,~~ ~~+ U1~ COMMISSION >~ Ameriuu Family Community 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburg.org comdev(a~rexburca.org Findings of Fact Liahona, Inc. - 280 East Main Street Rezone 1. On January 12, 2006, Liahona, Inc. presented to the Rexburg Planning & Zoning Permit Coordinator a Request and Application for a Rezone at 280 East Main Street from Low Density Residential 2 to Residential Business District. 2. On January 13, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for January 17, 2006 and January 28, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On February 2, 2006, the Planning & Zoning Commission for the City of Rexburg granted the Rezone Request. Commissioner David Stein moved to recommend a rezone on the property to RBD subject to the conditions that an acceptable landscaping plan, lighting plan, signage plan, fencing plan, and parking plan be presented to and accepted by the P&Z Commission, and that the type of business in the home remain ahome-health business with non-intrusive, low demand. Also that when the garage is torn down, that the exposed section of the house be finished similar to the rest of the home architecturally. Commissioner Ted Hill seconded the motion. Kurt Hibbert added that all the plans for fulfilling the conditions could be included on one site plan. None opposed. Motion carried. Chairman Dyer encouraged Robert Collette to work with Kurt Hibbert to fulfill the desires of the commission to explore this fully in terms of their ability to protect the neighborhood. 4. On February 16, 2006, Robert Collette from Liahona, Inc. presented his plans for fulfillment of the conditions set on the rezone request. The plans were denied, and he was asked to come back to the Commission with improved plans before the Commission could pass it on to City Council. 5. On February 22, 2006, Council Member Young moved to approve the zone change, contingent upon Planning and Zoning Approval; Council Member Erickson seconded; Discussion: Council Member Benfield was concerned with parking problems; however, three to four cars may be possible. She said this may be a good one to test the waters. Council Member Stevens reviewed the Planning and Zoning Commissions authority to approve the parking. Council Member Benfield indicated the other businesses that have parking problems, like those in the Professional Plaza. Mayor Larsen indicated that there are plans to review businesses annually for ordinance compliance. Council Member Erickson reviewed the opportunity for businesses to use City streets for parking. Cars park all the way around Smith Park. Cars for this business or other businesses use City streets. Council Member Benfield gave an example of a business growing. City Attorney Zollinger reminded the City Council to stay on task with policy decisions, not day to day operations. Council Member Young gave the example of his dental office being approved in a residential zone. The City Council trusted Council Member Young to be a good neighbor. Council Member Stevens reminded the City Council that the business still has to comply with the zoning requirements. Council Member Benfield agreed this is a good example to test RBD. All voted aye, except Council Member Mann, who voted nay. The motion carried. 6. On March 2, 2006, Liahona, Inc. again presented plans for fulfillment of the conditions set on the rezone request. Commissioner Mary Ann Mounts motioned to approve the plan and asked that the applicant conform to the recommended lighting and the corrections presented on the site plan. Commissioner Mike Ricks seconded the motion. Thaine Robinson noted that the applicants have been very patient and pleasant to work with. None opposed. Motion carried. • Public Works Review Robert Collette February 16, 2006 Comments: 1. The building attached lighting does not meet the development code. 2. The sign shown on the corne~is located within the corner setback and does not H~eet the sign ordinance. i~e~rc. w;l ~ ~~ Ko S,~K a~ s1~ow-1 o+~t o-%~;a~ ~ ~'u ~ira,'~-h., j 3. The parking shown is not useable. Because of turning movements, the layout does not work. ~w~.+AC:ad~ 1f Ai ~fe ~t„ rG con ~7aH~'r ~ / 4. With only 6 Vparking stalls I would rec(oJmmend narrowing the driveway and leaving a buffer with the property on the west. ~ ~ of RExn~Rr z~ r9 C[TY OF ~, ~ TT~T ~~ PLANNING & ZONING ~ __ Ul~ COMMISSION America's Fami!}' Community 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexbur4.orq comdevCa)rexburg.ora Findings of Fact Liahona, Inc. - 280 East Main Street Rezone 1. On January 12, 2006, Liahona, Inc. presented to the Rexburg Planning & Zoning Permit Coordinator a Request and Application for a Rezone at 280 East Main Street from Low Density Residential 2 to Residential Business District. 2. On January 13, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for January 17, 2006 and January 28, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On February 2, 2006, the Planning & Zoning Commission for the City of Rexburg granted the Rezone Request. Commissioner David Stein moved to recommend a rezone on the property to RBD subject to the conditions that an acceptable landscaping plan, lighting plan, signage plan, fencing plan, and parking plan be presented to and accepted by the P&Z Commission, and that the type of business in the home remain ahome-health business with non-intrusive, low demand. Also that when the garage is torn down, that the exposed section of the house be finished similar to the rest of the home architecturally. Commissioner Ted Hill seconded the motion. Kurt Hibbert added that all the plans for fulfilling the conditions could be included on one site plan. None opposed. Motion carried. Chairman Dyer encouraged Robert Collette to work with Kurt Hibbert to fulfill the desires of the commission to explore this fully in terms of their ability to protect the neighborhood. Madison County /City of Rexburg GIS Page 1 of 1 • 0 m iw u i i r -~ _ ~ `~' i = .. m m r 4 ~ 1 x ~= Y ~ ?o n ~ ~ m z Y ~ ~ y~ ~ z c;, _ m n r g ~ ~ r ~ m °-m ~ C ~ _s ~ ~ ~ s m -* ~ D ~ ~ 4 x fn ~ ~ ~ c r ~_ _ ~ ~ k m z ~' ~ -~ r _ ~r ~ y ~ n ~ ~n x~ ~ A ~ ~ V ~~ ~ ~ 11 _ ~ ~-~t ~y ~_y_Q_Yf ~ ~ r S ~ ~ ~-y ~ ~ C ~p -~ ~ L ~ D -~ ~~ bk 2 ~~~ ~ ~ ~ N ~~~ N ~,,-, x zg ~n~~ ~ ti ~rmMf p~C C m~. Ak C ry Q ~ ~~ i'' = ro ~ ~ c r T -Y .,A x m O m ~~ ~ m_~~ _ _H_ ~_ -, x m r ~A x y C ~_< ~ m ~n C Z -~ k. i m z ~~ m ~`~ ~. z -w ~ D X n m g c k z xg Q,r j ~ { r~rn Y .71 y y N ~ ~~ ~~~~ x = ~ y ~ m C ~ c c x ~ Nx K ~ k i~ D Ot X C G~ m c~ vx r m ~m m zm ~ ~r z = r D m ~' m c C x p k ~ ~ ~ m ~t zT ~ ~ z pp 2 "~ ~ ~ -~ n ~ D ~ ~ ~ ~ '~ x y k z ti r 8n m 'D ~ ~. ~ D ~ ~n g m a_ ~ 4 zT~~- ?? ~ _ ~ zo ~~y -+r0 ~ D - ~~ ~~~ A G ~xG K p -~ x -i ~ ~ k '~+ ~y fA K r ~ http://agentsmith/intranet/arcims/printable.aspx?MapURL=http://agentsmith/output/arcIM... 1 /26/2006 • STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho NOTICE OF PUBLIC HEARING AFFIDAVIT OF PUBLICATION NOTICE IS HEREBY GIVEN, that a PubUc Hearing will be. held STATE OF IDAHO before the Ciry Coun- cil of the Ciry of Rex- Madison and Fremont Counties burg, Idaho, Wednes- day, February 22,' 2006, at 7:15 p.m., in I, Jeff Rydalch, being first duly sworn, depose and say, that the city council I am the business mana er of the STANDARD Chambers of the Ciry g Building, at 12 North JOURNAL, a 5 times a week newspaper published 5 times Center, 'Rexburg, Ida- a week in Madison and Fremont Counties, Idaho; and I do ho, regarding a zone change from Low solemnly swear that the Public Hearing - 280 East Main Density Residential Street, Rexbur , a co of which notice a ears attached (LOR2) to Residential g PY PP Business District hereto, was published in the regular and entire issue of said (RB )_ newspaper, and not in any supplement issue, once an issue The s~dpf-i~cel`is IdCat- thereof for two issues, the first ublication havin been ed at ~s~ ~in made on Febru 7, 2006 and the last ublication havin street .Rda, ~' P g Madison ur~ty been made on February 18, 2006. ho, and mbl~~u- larly descnt~' as ~I" Further, that said newspaper is one of general circulation in lows: •{~ ' said county; that it is a legal newspaper, conforming to legal ~ ,t #i,e specifications under the Idaho Statutes; that it has at least two cno theast c`orrrer of`lot hundred bona fide subscribers living within the county of 4, block 1, of ilia Ftig- publication; and that it has been continuously and of Rex~burgtoMad so uninterru tedl ublished in said count durin a eriod of county, Idaho, as pa{ P Y P Y g P the recotded PI seventy-eight consecutive weeks prior to the first publication thereof„ and,:r~nning of the said notice. thence west 5 rods; thence south 10 rods, ~i ~ . ~'.-•-----•-'-" thence east 5 Pods; thence north 10 rods to the point of ba9in- ning. At such hearing the City STATE OF IDAHO ) Council will hear. all persons and all objec- tions and recommen- COUNTY OF MADISON ) dations relative. ~ to such proposed permd. The Ciry Clerk will. al- so accept written On this 20th day of February in the year of 2006 before me, comments at City klall a Notary Public, personally appeared Jeff Rydalch, known prior to 4:00 p.n-.'~on or identified to me to be the person whose name subscribed February 21st, Zoos. to the within instrument, and being by me first duly sworn, This notice is given pur- declared that the statement therein are true, and .scant to the prow- sionS of Section 67- acknowledged to me that he executed the same. 6509 and 67-6511 Idaho Code; and ,all amendments thereof. ~-- DATED this 03rd day of b p 4~ February, 2006.. Notary Pub c fo daho \\\\`~~yl~!I ~N/0~~~~~i CITY OF REXBURG Residing at Rexburg, Idaho ~~Q My commission expires: Apri129, 2011. ~`~5~~ ° ~'•. '% (SEAL) _~ :' ~ypTARY '; By: BLAIR D. KAY, City Clerk ~, °;° PUBLIC ~ 'Publ. Feb. 7 and 18, •'s® °•.°°°• ea 2006. SJ 653. • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of the City of Rexburg, Idaho, Wednesday, February 22, 2006, at 7:15 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Low Density Residential (LDR2) to Residential Business District (RBD). The said parcel is located at 280 East Main Street in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at the northeast corner of lot 4, block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence west 5 rods; thence south 10 rods, thence east 5 rods; thence north 10 rods to the point of beginning. At such hearing the City Council will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on February 21st, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 03`a day of February, 2006. CITY OF REXBURG ORPORgr `s'l~''•• 'O ~~iuninnnm~u~~ By ~~ ~. 1 \ Blair D. Kay, City Clerl~ Published: February 07, 2006 February 18th, 2006 STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties I, Jeff Rydalch, being first duly sworn, depose and say, that I am the business manager of the STANDARD JOURNAL, a 5 times a week newspaper published 5 times a week in Madison and Fremont Counties, Idaho; and I do solemnly swear that the Notice of Public Hearing - 280 East Main Street, a copy of which notice appears attached hereto, was published in the regular and entire issue of said newspaper, and not in any supplement issue, once an issue thereof for two issues, the first publication having been made on January 17, 2006 and the last publication having been made on January 28, 2006. Further, that said newspaper is one of general circulation in said county; that it is a legal newspaper, conforming to legal specifications under the Idaho Statutes; that it has at least two hundred bona fide subscribers living within the county of publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight consecutive weeks prior to the first publication of the said notice. STATE OF IDAHO COUNTY OF MADISON On this 30th day of January in the year of 2006 before me, a Notary Public, personally appeared Jeff Rydalch, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statement therein are true, and acknowledged to me that he executed the same. v(/4U~ Notary Publilr` fol'Idaho Residing at Rexburg, Idaho ~~~r,utlllff~i~ My commission expires: April 29, 2011. ~~.~~`~Q,~Y ~;Wp~~~i~, `.~g~,.• ••.~O '~ lyOTARy .': ' PUBLIC • NOTICE QF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a"Public Hearing will be held before. the Planning &' Zoning Commission of the City of Rexburg, Idaho, Thursday, Feb- ruary 02, 2006, - at 7:15 p.m., in the City Council Chambers of ' the City Building at 12 Norih Center, faex- burg, Idaho, regarding a zone change. from Low Density Residen- tial (LDR2) to Resi- dential Business Dis- trict (RBD). The said parcel is locat- ed at 280 East Main Street in Rexburg, Madison County, Ida- ho, •and -more particu- larly described as fol- low: Commencing at the northeast corner of lot 4, block 1, of the Rig- by Addition to the City of Rexburg, Madison County, Idaho, 'as per the recorded ,plat thereof, and running thence west 5 rods; thence south 10 rods, thence east 5 rods; thence north 10 rods to the point of begin- ning. At •such hearing the Planning & Zoning Commission witl• hear all persons and all ob- jections and recom- mendations relative to such proposed permit. The City Clerk will al- so accept written comments at City Hall prior to 4:00 p,m. on February 0~5t, 2006. ''^7'liis''natic~~is ~K+erti pur- suant to the pr~vi- sions 9(• Sect; R' 67- '6509 ahd' ' :'6511: Idaho Cade; %~rd all amendments thi~reot. DATED this 13t)i~dey of January,.2Q06. , CITY OF FtEXBURG (SEAL) By'. BtAIR D. KAY City Glerk Publ. Jan. t7 and 28, 2006. SJ 612. ~ ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, February 02, 2006, at 7:15 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Low Density Residential (LDR2) to Residential Business District (RBD). The said parcel is located at 280 East Main Street in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at the northeast corner of lot 4, block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence west 5 rods; thence south 10 rods, thence east 5 rods; thence north 10 rods to the point of beginning. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on February O 1St, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 13th day of January, 2006. January 17, 2006 January 28th, 2006 CITY OF REXBLrRG By ~~~ ~. Blair D. Kay, City Clerl~ _~ ~o~~ ~C"- ~~b~~ b~ ~o ~ -~~ ~ , ~~ ~ I ~~ .~~ Published • • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of the City of Rexburg, Idaho, Wednesday, February 22, 2006, at 7:15 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from Low Density Residential (LDR2) to Residential Business District (RBD). The said parcel is located at 280 East Main Street in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at the northeast corner of lot 4, block 1, of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence west 5 rods; thence south 10 rods, thence east 5 rods; thence north 10 rods to the point of beginning. At such hearing the City Council will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on February 21St, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 03rd day of February, 2006. _~ U` ORPOR91; e:r~ C' .:~~AL.. ••. s• ~~~~~~i/~~~~r OF.;O\P~p nnnm Published: February 07, 2006 February 18th, 2006 CITY OF REXBURG Blair D. Kay, City Clerl~ ~~~ ~~o~'`~ ~~t~3\~~v ~~