HomeMy WebLinkAboutOrdinance RZ 01-0007fiRli AH 9:3G
RECORDED-REQUEST OF
102028597
CITY OF MERIDIAN
O DIN CE No. - 02-q
AN ORDINANCE FINDING THAT THE ESTATE OF ALLEN GENTRY,
OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN
REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL
PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF
MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT)
ZONING DISTRICT TO C-C (COMMUNITY BUSINESS DISTRICT) AS
DEFINED UNDER MERIDIAN CITY CODE § 1 I-7-2 I, REPEALING ALL
ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD
SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY
OF MERIDIAN, IDAHO.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS:
The owner of the following described property has made a written
request for a re-zone of the zoning classification for the subject
Real Property herein described from R-8 (Medium Density
Residential) District to C-C (Community Business) District as
defined under Meridian City Code § 11-7-2 I; and
SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE - 1
The City of Meridian Planning and Zoning Commission and City
Council having given notice and conducted all public hearings in
accordance with law and having issued its findings of fact and
conclusions of law and Decision and Order granting the
application for rezone; and
The real property which is the subject of this ordinance is legally
described as follows:
A parcel of land located in the E 1/2 of the NE 1/4 of the NE 1/4 of
the NW 1/4 of Section 7 and the SE 1/4 of the SW 1/4 of Section 6,
T.3N., R. 1E., B.M., Meridian, Ada County, Idaho, more
particularly described as follows:
Beginning at the N1/4 corner of said Section 7;
thence along the North-South centerline of said Section 7 South
00°34'39" West, 548.43 feet to a point on a curve to the left,
said point also being on the centefline of Five Mile Creek;
thence along the centefline of Five Mile Creek the following 4
courses;
along said curve 18.73 feet, said curve having a radius of 60.00
feet, a central angle of 17052'55" and a long chord of 18.65 feet
which bears North 53°25'31" West;
thence North 62°20'48" West, 322.40 feet to the beginning of a
non-tangent curve to the right;
thence along said curve 32.23 feet, a radius of 30.00 feet, a
central angle of 61°32'59" and a long chord of 30.70 feet which
bears North 31°32'36" West;
thence North 00044'24'' West, 307.24 feet to a point on the
SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE - 2
southeriy boundary line of Ada County tax parcel No.
S1107212530;
thence along said southerly boundary line North 62058'35" East,
115.32 feet to a point on the centerline of Fairview Avenue (U.S.
Highway 30);
thence along the centefline of Fairview Avenue North 88047'00''
East, 223.46 feet;
thence leaving said centeriine South 00°34'39" West, 2.86 feet to
the POINT OF BEGINNING. Contains 3.35 acres, more or less.
4. The following conditions shall be required as follows to-wit:
Applicant shall work with the Public Works Department on
dedication of an easement paralleling the Five Mile Creek for a
future sanitary sewer relief main.
Dedicate 60-feet of right-of-my from the centedine of Fairview
Avenue abutting the parcd by memxs of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance
of a building permit (or other required permits), whichever occurs
first.
Construct a 5-foot wide concrete sidewalk on Fairview Avenue
abutting the parcel. Coordinate the location and elevation of the
sidewalk with District staff.
Construct a 24 to 30-foot wide driveway at the west property line
to align with Barbara Street on the north side of Fairview Avenue.
Required by District policy, restrictions on the width, number
and locations of driveways, shall be placed on future development
of this parcel.
SOL C. YAUN / (C-C) RZ-OI-O07
RE-ZONE ORDINANCE - 3
o
Upon review of a specific development application, ACHD may
have additional requirements not addressed in their report.
Comply with all Standard Requirements of the February 21,
2001 ACHD Commissioners letter, which they acted on MRZ-
01-001, and which conditions and requirements also apply to this
application (RZ-01-007).
That all uses on this property shall require a conditional use
permit.
That a significant portion of the property is within the flood
plain, which Five Mile Creek runs along; that Five Mile Creek is
designated as a multiple use pathway and in the future open
discussion on how to accommodate a pathway through the area
shall be required, which shall be included as part of the
conditional use permit process in the future.
SECTION 2. That the above-described Property be, and the soane is hereby re-
zoned and designed (C-C) Community Business District.
SECTION 3. That the City Engineer is hereby direct to alter all use and area
maps as well as the official zoning maps depicting the City of Meridian land use
zones in accordance with this ordinance.
SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 5. This ordinance shall be in full force and effect from and after its
SOL C. YAUN / (C-C) RZ-01-007
RE-ZONE ORDINANCE - 4
passage, approval and publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
~--~-~ day of ./~-~ ,2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of
/
City Clerk
First Reading:. 3-- ~'---~7 2-
Adopted after first readi~n~by suspension 0~
Code 50-902: YES ta, NO
Second Reading:. -
Third Reading:. --
,2002.
>wed pursuant to Idaho
SOL C. YAUN (C-C) RZ-01-007
RE-ZONE ORDINANCE - 5
STATE OF IDAHO,)
: SS.
County of Ada. )
On this ~ day of c-q.~Fk ~ 3 ,2002, before me, the
undersigned, a Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk
of the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT: ~ ~-~.~/~9
MY COMMISSION EXPIRES:
Z:\WorkkMkMetidian~qleridian 15360Iv1~Sol C. Yaun RZ01-007kRZOrdinance.doc
SOL C. YAUN / (C-C) RZ-01-O07
RE-ZONE ORDINANCE
-6
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To:
The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State TaxCommission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada ~C.,ou_.n~M
State of Idaho, do hereby certify that the attached copy of Ordinance No. ~J~,
passed by the City Council of the City of Meridian, on the ~-~'~ day of
2002, is a tree and correct copy of the original of said document which is in the care,
custody and control of the City Clerk of the City of Meridian.
STATE OF
County of Ada, )
On this ~ day of Bq. Ct/kl'Jvq, , in the year 2002, before me,
~kL&~evn~c~rv,.Lq4a_} , a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acl<nowledged to me that
he executed the same on behalf of the City of Meridian.
(SEAL)
Notary Public for 'Idaho
Commission Expires:
CERTIIqCATION OF THE CITY CLERK OF THE ~ITY OF MERIDIAN - 1
RZ-01-007
E 3RD
ST
DR
S00'34'39"W
5~8.45'
S00'34'39"W
2.86'
m
z