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HomeMy WebLinkAbout773 Roger Mischener ORDINANCE NO. 773 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ci ty Council and the Mayor of the Ci ty of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-8 Medium Density Residential to C-G General Retail and Service Commercial, for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 10 That the aforementioned real property which is described as follows: A portion of the NE ~ NW ~, Section 7, To 3No, Ro lEo, BoM., Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the NW ~, Section 7, To 3No, R. IEo,B.Mo, and running So 88035'49" W. 390000 feet along the Northerly boundary of the said NW ~, Section 7 to a point; thence So 00036'03;1 Wo 45096 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being THE TRUE POINT OF BEGINNING; thence continuing So 00036' 03" W 0 4. 00 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; thence continuing So 00036 '03" Wo 250008 feet to a point; thence N. 89011'24" Eo 239086 feet along a line parallel with and 304000 feet Southerly from the center line of said Fairview Avenue to a point; thence No 00035' 12" E. 250007 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 1 thence continuing N. 00035'1211 E. 4.00 feet to a point on the Southerly right-of-way line of Fairview Avenue; thence N. 89011'24" E. 239.92 feet along a line parallel with and 50.00 feet Southerly from the said center line of Fairview Avenue to the Point of Beginning. Containing 1.40 acres, more or less. be, and the same is hereby rezoned from R-8 Medium Density Residential to C-G General Retail and Service Commercial and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply wi th all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, the Uniform Building, Electrical, Plumbing Codes and all of the Ordinances of the City of Meridian. That the Applicant shall enter into a Development Agreement and/or the property shall be developed under the conditional use permit process. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R- 8. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the '~fll City of Meridian, Ada County, Idaho, this !t7'--day of September, 1997. REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 2 . . ss. STATE OF IDAHO,) County of Ada, ) I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 7 7 3 , by,: the City Council and Mayor of the City of Meridian, on the (J;~ day of September, 1997, as the same appears in my office. DATED this I~~day of September, 1997. STATE OF IDAHO,) . . SSe County of Ada, ) On this ~ day of September, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 3 name is subscribed to the wi thin and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I h~ve hereunto set my hand and affixed my official his certific e first above written. SEAL REZONE ANNEXATION ORDINANCE - ROGER MICHENER - t.f ~ 21 - 2600 q '7 0 'I) 0" lrJ '-' ~ ~ I j II ..- {) ~-~~ [: ,~ n -.. \' t \ i ~, ,G ~' ,'pr7 "e,- :,~~&ft- ~~ uti) L.\1 Pj~;1 2. Lr?, , -~ ~~/~,_~, . :," .---- J. '. ~ ' . _ ~ :.:; f [,- PAGE 4