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HomeMy WebLinkAboutAPPLICATION & DOCS - 06-00047 - Tom Goe - 1114 N Yellowstone Hwy - Rezone from LDR3 to CBCcf~~ Bt~p • C.{TY C~ R.EXBLIF~.~ A!l9kRIC~.A'S f:~~M1~11LY C:~tik~111\fT~` s- --__ ~ L_ __ _ 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburq.orq comdev(tilrexbura.ora RECEIVED Annexation/Rezone Application JAN 2 4 2006 Note: Apre-application conference with staff and apre-application neighborhood meetin~~'eYr~~aiF~H~Bt~R~ the submittal of this application. Contact Community Development at 359-3020 x2 for details. Permit Number: Fee(s) Paid: Yes/No Annexation: $500.00 Rezone: $1500.00 + $250.00 for Publication Fee Current Zone: T,~w T)enGi tv Residential_3 Cross Reference File: Requested Zone: Community Business Center Application Information Applicant: Tim ~r,P Phone: 2n9-9fi6m421 h ~ Owner ^ Purchaser ^ Lessee Applicant's Address: 37~~ W_ YnGemi rP aye City/ST/Zip: T.ath,-op. c:A 95330 Recorded Owner: Tom Goe Phone: 209-986-4216 Recorded Owner's Address: 3737 W. Yosemite Ave City/ST/Zip: Lathrop, CA 9530 Contact Person (If different from above): ~ Brent 4 Crowther Phone: 208-356-9201 Address of Subject Property: 1114 North Yellowstone Hwy Rexburg, ID 83440 Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: RX~CA014448 CZ~' ~ X ~ '~ ~~ ~ F °~~ ' ~' ~~ ~ `~` ~~ Quarter: NW Section: 17 Township: 6 North Range: 40 East 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 Annexation Fee: $250.00 Rezone Fees• Less than 1 acre: $500.00 More than 1 acre, less than 5 5 to 10 acres: $900.00 Date of Notice: Publication Fee: $250.00 (Annexation Plan) (Can Services (Comprehensive Plan Complaint) (Approval to proceed) (Appropriate Fees Paid) Total Fees Due $ Over 10 acres, less than 20: $1500.00 $850.00 20 acres and over: $2500.00 Zoning Verification Letter: $40.00 Date of Public Hearing: CAI ~ 2005 CITY C7F R~~~u~ _. Development Information 1. Size of Property ~ 7250 _ ~~ Square Feet (or) ~ p . s5 Acres 2. How is the property now used? Drive-In Theater 3. How are the adjoining properties used? North: See Exhibit and Location Map South: See Exhibit and Location Map East: See F.Srhihi and T o ion Map West: See Exhibit and ocation Map 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? See Exhibit and Location Map 5. On what street(s) does the property have frontage? Sx 33 6. Why are you requesting annexation into the City of Rexburg? N/A 7. What use, building or structure is intended for the property? Commercial / t~musement 8. What changes have occurred in the area that justifies the requested rezone? NnnP 9. Will this zone change have an impact on the schools? No 10. Are water and sewer facilities, streets, fire and police presently serving this area? Water - No; Sewer - No; Streets -Yes; Fire -Yes; Police -Yes. 11. Are City services adequate to serve any future development proposed? Yes, water is located west of Yellowstone Hwy in Rexburg Business Park and Sewer is in Yellowstone Hwy Corridor. 12. Will measures be proposed to assure that public facilities and services will be added? yes Necessary infrastructure will be constructed. 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required? Yes 14. Is the area currently sub-divided or going to be sub-divided? No 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 • 2. 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 Applicant: Date: / ~' ti "" D 6 3 ~"r~'~°~ C:1TY O~ REXBt~CR~ ~~et ~~.~ A.M1f RIGA'S f`AR11LY C:OM•t~Y1Ul~f(Y 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 ~ Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexbura.org comdevCa2rexburg org Affidavit of Legal Interest I~EC~IVEL~ JAN 2 4 2006 State of Idaho County of Madison CITY OF REXBURG I, Thomas H. Goe 3737 W. Yosemite Ave, Name Address Lathrop CA, 95330 City 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. 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 % ~-- y ~-- day of Signature Subscribed and sworn to before me the day and year first~ab 20 d written. ~pTAR y ~ ~~ No ry Public of Idaho ~_ ... _ ~ Residing at: ~ s 1~/G~~~-' PUB1.~C' :~ ~ f f ~ ~~~ ~ s+~,'~,,,,,,,,,,,,,,,~'P•Z•`~~~ My commission expires: ~~~iq ~~ ~OFt,,~ ~~~~ 5 • i FORSGREN ASSOCIATES INC. ~E~~I~~~ JAN 2 ~ 20~~ CITY OF REXBURG Boundary Description November 17, 2005 Part of the South 1/z of the NW'/a of Section 17, Township 6 North, Range 40 East B.M., Madison County, Idaho described as: Beginning at a point that is N 89°46' 13" E 1351.69 feet along the East-West centerline of said Section 17, and North 147.32 feet from the West 1/a corner of said Section 17, said point being on the Easterly Right-of--Way of the Old Yellowstone Highway, and running thence N 30°08'20" E 782.94 feet along said Right-of-Way; thence N 89°34' 19" E 501.00 feet; thence S 00°28'34" E 674.14 feet; thence S 89°34' 19" W 899.73 feet to the point of beginning. Parcel contains 10.84 acres. A COMPANY OF PROFESS/ONAL ENG/NEERS CENTRAL OFFICE 350 NORTH 2ND EAST /REXBURG, /DAHO 83440 / (208) 356-9201 REXBURG / 80/SE / EVANSTON / WEST YELLOWSTONE / SALT LAKE CITY / WENATCHEE ORDINANCE 96U AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF 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 parcel is located at 1114 North Yellowstone Hwy, Rexburg, Madison County, Idaho, and more particularly described as follows: Beginning at a point that is N 89°46' 13" E 1351.69 feet along the east-west centerline of said Section 17, and north 147.32 feet from the west '/, corner of said Section 17, said point being on the easterly right-of--way of the Old Yellowstone Highway, and running thence N 30°08'20" E 782.94 feet along said right-of--way; thence N 89°34'19" E 501.00 feet; thence S 00°28'34" E 674.14 feet; thence S 89°34' 19" W 899.73 feet to the point of beginning. The subject property shall be zoned from Low Density Residential (LDR3) to Community Business Center (CBC). SECTION II: That a new zoning map showing this amendment shall be certified to and declared to be the official zoning 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 22nd day of March, 2006. fix. ,~ ~l a „~.-~- N rv~--~- Shawn Larsen, Mayor ATTEST: Blair D. Kay, City Clerk Instrurrt+eM # 3Z~15 REX6URCi, Ml~t]I~R~~ Na oT P : Y 4ppB;x.29 Raad~d Mr : CITY OF R dURd M: 0.00 w{RILYN R. RAti~1 EY-0Illdn R~tordM 1~' of March, 2006 • . STATE 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 OF 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 22nd day of March, 2006. o Blair D. Kay, City Clerk ~ ~ 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, March 22, 2006, at 7:05 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 (LDR3) to Community Business Center (CBC). The said parcel is located at 1114 North Yellowstone Hwy, Rexburg, Madison County, Idaho, and more particularly described as follows: Beginning at a point that is N 89°46' 13" E 1351.69 feet along the east-west centerline of said Section 17, and north 147.32 feet from the west'/4 corner of said Section 17, said point being on the easterly right-of--way of the Old Yellowstone Highway, and running thence N 30°08'20" E 782.94 feet along said right-of--way; thence N 89°34' 19" E 501.00 feet; thence S 00°28'34" E 674.14 feet; thence S 89°34' 19" W 899.73 feet 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 March 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 24th, day of February, 2006. O 04~ R T~': ~~ :5~ :o S; ••••............ ••°~pQ~ iii., rA~'E OF....~~```~ CITY OF REXBURG By ~~~ ~. Blair D. Kay, City Ck~xk _~ Published: February 28, 2006 March 18, 2006 a ~ 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 16, 2006, at 7:05 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 (LDR3) to Community Business Center (CBC). The said parcel is located at 1114 North Yellowstone Hwy, Rexburg, Madison County, Idaho, and more particularly described as follows: Beginning at a point that is N 89°46' 13" E 1351.69 feet along the east-west centerline of said Section 17, and north 147.32 feet from the west'/4 corner of said Section 17, said point being on the easterly right-of--way of the Old Yellowstone Highway, and running thence N 30°08'20" E 782.94 feet along said righ-of--way; thence N 89°34' 19" E 501.00 feet; thence S 00°28'34" E 674.14 feet; thence S 89°34' 19" W 899.73 feet 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 15th, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 30th day of January, 2006. CITY OF REXBURG O~tPOR9~, ::SEAR ''~is%q)~F••OF••~~Q`~~~`°\ B Blair D. Kay, City Clerk /// I t~, I 1111 I I 1 1111 \ 1 l\\\ \\ Published: February Ol, 2006 February 11, 2006 ~~ ~~~~~Ui1~ ~~ r • a~ gtiXBUgr .~ ~~~ L' 1 7 Y o f ~~T m^ PLANNING & ZONING ~ ~l~~J COMMISSION America's Family Community 12 N. Center (PO Box 280) Phone: 208-359-3020 x312 Rexburg, Idaho 83440 Fax: 208-359-3022 www.rexburg.org emilya@rexburg.org Findings of Fact Tom Goe - 1114 North Yellowstone Highway Rezone 1. On January 24, 2006, Tom Goe presented to the Rexburg Planning & Zoning Permit Coordinator a Request and Application for a Rezone located at 1114 North Yellowstone Highway from Low Density Residential 3 to Community Business Center. 2. On January 30, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for February 1, 2006 and February 11, 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 16, 2006, the Planning & Zoning Commission for the City of Rexburg recommended to City Council to grant the rezone request. Commissioner Mary Ann Mounts moved to recommend approval of the requested zone change to Community Business Center. Commissioner Thaine Robinson seconded the motion. None opposed. Motion carried. 4. On March 22, 2006, the City Council held a Public Hearing at 7:05 p.m. concerning the re- zone of property at 1114 North Yellowstone Hwy from LDR3 to CBC; Low Density Residential 3 Zone (LDR3) to Community Business District Zone (CBC). Planning and Zoning Administrator Kurt Hibbert explained the request fox a zone change. The applicant wants to develop the area into a Community Business Center with storage units and recreational uses. Council Member Erickson explained the conditions and concerns of the Planning and Zoning Commission. Planning and Zoning Administrator Hibbert was concerned with noise near a residential area. Council Member Stevens mentioned a nearby home that is a non conforming use in a commercial zone. Council Member Young moved to change the zone as requested; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. 1 'i 1 r A~ ~~ ~~ .i coo --r as --t i N O ± ..y~ 1,~1ry t ~^ ~~ 1 ~- ~ ..i. - - ~ l 185 `_` - - ~~~ ~ S~~°~~ .~ 19 1. i~'19.~ ~~~ ~•+~ m J ~ ~~ . ~~ ~ M~ ~ b~~~~ ~'°~''~= . ,~. H ~ yn a i,,~ J -.~ 1 .~ ~oo~ 1.9 Pl I I n r ~~~{ u~o^~ .~ ~, •~~ M1• 11~'~ i+~~X~kU~i~'s t ~u:~w r i~~ ~ i~~~ ~.~~x 9002/0£/i "'L~II~~~/~nd~no~I~Iua~~//:d~~u--I~nd~y~Zxds~•aiq~Iuud/~to.~e~au~.z~ut~~iuis~ua~e//:d~~u :~ (~ 3 ~' t~ ~ ~~ Y~ Y ~ U } y ~ ~ :J z qJ ~ ~ `~J .1J JJ -~ ~ J a zz ~."u ~~ ~Y s~i~$y Y~ N r ~ Y x 4 .n ~ rn ~xd1=~ ~ 3' '~ ~~ ~~Z~=4 ~ -j~-"'• x ~~ ~~ ~x y~ ~ ua x~~ '~ ~ ~ v Z ui ~ v x a~ ~~. ~~ ~_ ~: ~~~ a~ z $~~ Y p N ~ ~~ ~ ~ ~x $_ U 2 ~_ rJ Q ~ Y Y x 5 yx ?e~ ~~d r( y" x ~ .s~zy~x s x ~ dN ~ x ~_ '~ ~j ~ ~ ~ U ~ ~ ~ ~ U_ Z ~ ~ T x ~ Z Y? ~ xz _Y ~ T ~~ ~ ~~ J ~ ~ = Y x Y aM d~ W ~°+ ~~ ~~ ~_ a y( x ~~ z,~ z ~ ;n ~ U ~~ Ox xx _y5 Uz `J~ T J _ ~ ~ ~ ~~z ~~ U z A ~ ~; g~ n ~J x Q W ~_ U CO D i 3o i a~~d SIIJ ~.~ngxag~o ~~i~ / ~~uno~ uosipey~ <',~~~ For Value Received Atvteltlcnn tgew7mtrco. P.O. BOX 732 Rf7i8UAG, IpAH083d40 WARRANTY DEED Ralph B. Prestwich and Maxine B. l~restwi ch, 1lUSAANIi AND SIIPL. the grantor , do hereby grant, bargain, sell and convey unto Thotaeta H. Gee and Roberta Heien Goe, HUSBAND ANA S*tii+B. whose current address is 3737 Neat Yosemite Avenue, Lathrop, CA 95330 2534~-~ DECEIVE JAN 2 4 CITY OF REXB( Madison the grantee ,the following described premises, in ................................County Idaho, to wit: Commencing at a point 2810 feet, tnorp ~,r Iess North and 401 feet, more or lase Weat of the Southeast terser of the Southwest Quarter of Secti.oa 17, Township 6 NorL•h, Range 40 Bast, Boise Meridian, Madison County, Idaho, and running t;a:nce North 675 feet; thence Sleet 500 feet, more or less, to the Mast Iin9 of the State Highway; thence Southwesterly along the Bast '.ins of said State Highway righC of way 784 feat; thence Sast 9J0 feet, more or lass to Che place of beginning... Stsltc of tdzho ~~~~ Count' of iNadison j SS a ~rnby catlitx py~t 2 ~yi~+ln~rstnanonl wrs tt)_.__ar_1~•ic' C}}~~1at, romrCad oa Mika _ _ Foo~_ by FEl'ii 9, F3CE,"rEr, Fttx~rdat ,l,c~_.QDaputy kt ~h.: reguost of / ~l_ _ TO HAVE AND TO NOI.D the said prer.tisr!s, with their appurtenances unto the said Grantee , heirs and assigns forever. And the said 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 incumbrances steep!: &ubject to all e[iatiaq patent [eservat£aaa, easeuats, sights of rap, p[otectfte cateaa~ts, io~iaq o[diaaacea, sad epplic~bie haiidtnq codes, fists tad cegelatiaos. and that he will warrant and defenc. the same from ail lawful claims whatsoever. Dated: Septetnbec 16, 1994 Ralph ~ Prestwich ~~p Maxine 'B. Prestwich STATE OF Iktaa, COUNTY OF bli-'13 On this trjnl dtsy of Eapfaeaaa , 19 9f, befoss me, a nowry rabUc in and far said State, persoraily appeared Ralph T. Preattich ite><i>Ee B. Preat~frh AgsaAEA btla RIPE. known to me to Ge the person whose Hama subscribed to the witb-n instrument, and acknowiedgcd to me that executed the came. Notary Publie Aesidi_ng at y;,~,,~,,~,y"; ~~_ Comm. Expires MOTAftY PUBLIC 6~T~'`ww''~ Barbara F. Thomas ;t~ ~~ 9t9 Soultl ltr.:n ~ t s~'t ii 0ounlllul. Ulah :L1~t0 -ay Conmltsion Exppoa V~ ~ Ssptamoor 2U. !995 ~se- ' aTA'rE or• iiTA1[ F 3 r ii a A } z s: z 0 3N m 0 0 • ~ I~ 0 z ~~~ c°ro~ ~o~ ivw~ t~J CJ b 0 b t~ x ~ -- `~ O iV ~ '~ w x z s N ~ m N ~ x RECEIVED ~ FED - 3 2006 ~~, CITY OF REXBURG .~ .~ ~ ~~5 00" E ~ \ ~ I~~I~TO ~ \ . ` ~I ~~b \~~ "3 moo, '~ ~,`~ ° \~~ I o ~~ i ~ ~ f i ! ~.~ \ ,~ 0 ~~ ~~ ~I °o Zn;CI ~~~ ~~~ 0 ~z~ z~ a z ,. O .~\`` ``~ o~ ~ \ .~` \ ~ \ \` `~ ~. /~ . ~ - i~ ~~'i it it 1 G ~ ~~ ~ c~ 1 ~ N 205' 1 I i 1 S 00°28'34" E STEGELMEIER TRUST 272663 272594 185607 d H C z ~ ~ ~ O y t~J ~ O ~~ r 0 b t~ L~J z H d CJ x 0 v ~~ ~ ~ ~ o ~ ~; ~.. I ; ~ jICJ ~I l°o i~ I 674.14' t-+ F`Z' W C7 ~~ fT r ~d c°n z b 0 H 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 Public Hearing - 1114 North Yellowstone Hwy., City of Rexburg, 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 February 28, 2006 and the last publication having been made on March 18, 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 tice. .~~ STATE OF IDAHO COUNTY OF MADISON On this 20th day of March 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~- Notary Pu is r Idaho Residing at Rexburg, Idaho My commission expires: April 29, 2011. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Coun- cil of the City of Rex- burg, Idaho, Wednes- day, March 22, 2006, at 7:05 .p.m., in the City Council Cham- bers of the City Build- ing at 12 North Ceq- ter, Rexburg, Idaho, regarding a zone change from Low ~\®o\t\~~Y~, ul~~~ ,~, 5~~~ . '~lypTARy~~' 's PUBLl~~ '•. a~ r ~ Density Residential (LDR3) to Community Business Center (cBC). . The said'parcel is locat- ed at 1114 North Yel- lowstone Hwy, Rex= burg, Madison Coun- ty, Idaho, and more particularly .described as follows: Beginning at a point that is N 89x46'1$" E 1351.69 feet along the east-west centerline of said Section 17, and north 147.32 feet from the west 1/4 cor- ner of said Section-17, said point being on the easterly right-of- way of the Old Yellow- stone Highway, and running thence N 30x08'20" E 782.94 feet along said right- of-way; thence N 89°34'19" E 501.00 feet; thence g 00x28'34" E 674.14 feet; thence S 89x34'i9" W 899:73 feet to-the point of be- ginning. At such hearing the City Council will hear all persons antl all objec- tions and recommen- dations relative to such proposed permit. The City Clerk will al- so accept written ~commen#s at City Hall prior to 4:00 p.m. on March 21st, 2006. This notice is given pur- suant to the provi- sions of Section 67- 6509 and 67-6511 ~idaho Code, and all amendments thereof. DATED this 24th, da~r of February, 2006. CITY OF REXBURG (SEAL) By: BLAIR D. KAY, City Clerk Publ: Feb. ~28 and Mar. 18, 2006. SJ 695. • 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 Hearing - 1114 North Yellowstone Hwy., Rexburg P&Z, 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 February 1, 2006 and the last publication having been made on February 11, 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,...-~ ,/' L. fy`,, L STATE OF IDAHO COUNTY OF MADISON On this 13th day of February 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. d~f Notary Pub •c for daho Residing at Rexburg, Idaho My commission expires: April 29, 2011. _ NOTICE OF PUBLIC HEARING NOTICE .!S HEBY GIVEN that a' :, blic Hering: ~4H;,;ba Mild b®fore the, Planning Zorun Commission tlf the City of Rexb~rqq, Idaho, Thursday, FeIS- ruary' 16, 2006 at 7:05 p.m., in the City Council Chambers of the City Buildhtig,at 12 .North Center,,; Rex- burg, Idaho, regarding a zone change from Low Density Residen- tial • (LDR3) to .Com- munity Business Cen- ter (CBC). The said parcel is locat- ed at'11i4 North Yel- lowstone Hwy, Rex- burg, Madison Codn- ty, Idaho,, ,and more particularly described as follows: ?:. Beginning of a point that is N ~89~8`4i~ E 1351.69feet alon~lhe east-west; ioente~ne of sayd, Section.~17, and nor#h,•147.32„feet from the. west 1%4 cor- ner of said; Sectiorj 17, said point rbeing on the easterly right-of- way of the Old Ygipw- stone •Highway, and running thence N 30°08'20" E 782.94 feet along said right- of-way; thence N 89°34' 19" E 501.00 feet; thence S 00°28'34" E 874.14 feet; ~ =thence . ~~ S 89°34' 19" W 899.73 feet to the point of be- ginning. ~ , At such hearingg the Planning & '~cohing Commission will Mear all persons and all ob- jections; and recom- mendations relativ@ to such proposed permit. The City Clerk will .al- so accept written comments. at City Hall prior: ~ $:t3(3_ prt~: ;on February 15th, 2006. This. notice is given pur-. suant to the provi- sions of S2ction 67- 6509 and 67-6511 Idaho' Code; and all amendments thereof. DATED this 30th day of January, 2006. CITY OF REXBURG (SEAL) By: BLAIR D. IWY, City Clerk. Publ. Feb. 1 and 11, 2006. SJ 846. • 1INOOQ GARY ETAL _ ~ SELLfi~S Ql~E TRUSTEE ETUx - ~ MAUPIN OEE LANE TAYLOR CORP Q8A ARTCO . ~ I ~ wOOO rF JAMES ~ ~ . HENDERSON tNILLIAM R . ` SEIiERS REVOCABLE LI~fIN~3'TRUST ~ ~ . RE~IJRC~ BUSINESS #a'ARK PHASE 2 CITY O~ #iEXHt1#~{3 OEVFIOPMENT WORK BUENTINt3 RICA BARQUES LLC LLC ` FHOMSO4V LERA P HATCHER SUMMITT