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Home My WebLink AboutMeridian Head Start RZ 02-006 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, III T. GuY H....LLAM.. D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS" CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. RosSMAN DAVID M. SWARTLE'i PAMELAJ. TARLOW TERRENCE R. WHITEH NICHOLAS L. WOLLEN ATIORNEYSATLAW NAMPAOFFICE 5700 E. FRANKLIN RD., Surrn200 NAMPA. IDAHO 83653-8402 lEL. (208) 466-9272 FAX (208) 466-4405 Canyon Park At The Idaho Center 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 "Also admitted in OR ** Also admitted in WA TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO NAMPA OmCE January 22,2003 RECEIVED JAN 2 3 2OD3 City Of Meridian City Clerk Office William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: MERIDIAN HEAD START BY: FRIENDS OF CHILDREN AND FAMILIES, INe. / REZONE FINDINGS / REWNE ORDINANCE & CERTIFICATION OF CLERK / SUMMARY RZ ORDIANCE and SUMMARY COVER LETTER / RZ-02-006 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of January 14, 2003, and which are on an upcoming agenda for the Council. Also, please fInd enclosed the above Rezone Ordinance and the Certification of the Clerk for the rezone for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findinl!s of Fact and Conclusions of Law and Decision and Order Grantinl! Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. ~1it . Nicliols Z;\ Work\M\Meridian\Meridian 15360M\Jv1eridianHead Stan RZ-02-006 CUP...lJZ-Q37\FFCL and OrdinanceCk 0 I 22 03.doc CITY OF MERIDIAN ORDINANCE NO. 03- AN ORDINANCE FINDING THAT THE OWNER, LOIS MARRS AND JEANETTE SHAFFER, OF CERTAIN REAL PROPERTY GENERALLY KNOWN AS 321 AND 333 WEST BROADWAY AVENUE HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I-L (LIGHT INDUSTRIAL DISTRICT) TO O-T (OLD TOWN DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 L, 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: 1. The owner of the following described property .85 acres has made a written request for are-zone of the zoning classification for the subject Real Property herein described from I-L (Light Industrial) to 0- T (Old Town) District as defined under Meridian City Code 9 11-7-2 L; and Physical address of32l and 333 West Broadway Avenue, Meridian, Idaho. A parcel ofland bounded on the North by the centerline of West Broadway Avenue, the east by the extended east line of the west Yz of Block 6 of West View Addition to Meridian, Book 2 at Page 68, Ada MERIDIAN HEAD START (O-T) RZ-02-006 / RE-ZONE ORDINANCE - 1 County records; on the south by the north right-of-way line of the Union Pacific Railroad and on the west by the east line of the west Y:, of Young Avenue lying westerly and adjacent to said Block 6 located in the Southeast V. of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Said parcel being more particularly described as follows: BEGINNING at a brass cap monument marking the centerline of West Broadway Avenue at the East Right-Of-Way line of West 4th Street; thence along said centerline of West Broadway Avenue South 89058'30" East 128.06 feet; thence leaving said centerline and following the east line of the west Yz of said Block 6 and its northerly and southerly extensions South 00000' 14" West 374.92 feet to the north right-of-way line of the Union Pacific Railroad; thence along said north right-of-way line North 89009'48" West 143.07 feet to its intersection with the southerly extension of the east line of the west Y:, of said Y oung Avenue; thence leaving said north right-of-way line North 00000' 14" East 372.89 feet along said east line of the west Y:, of said Y oung Avenue to the centerline of said West Broadway A venue; thence along said centerline . South 89058'30" East 15.00 feet to the POINT OF BEGINNING. 2. 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 which conditions and requirements Applicant shall comply; and 3. The real property, which is the subject ofthis ordinance, is legally described in Section 1.1. of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (O-T) Old Town District. MERIDIAN HEAD START (O-D RZ-02-006 / RE-ZONE ORDINANCE - 2 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 passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. Mayor ATTEST: City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: No: Second Reading: Third Reading: MERIDIAN HEAD START (0- T) RZ-02-006 / RE-ZONE ORDINANCE -3 STATE OF IDAHO, ) ss. County of Ada. ) On this day of ,2003, 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 PUBUC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: Z:\ Work\M\Meridian\Meridianl S360M\MeridianHead Start RZ-OZ-o06 CUP-Q2-Q37\RZOrdinance.doc MERIDIAN HEAD START (O-T) RZ-02-006 / RE-ZONE ORDINANCE -4 . LLLJi rt>~~aNV 'rf~lJ. ~-'=f TIn! ~.. -~ll I - JnLJJ ~ Ii tm_~-=l- -~~----'=-~.ff~~ l.-l----l~..- ~1'::::'~..II..f'!r T11 ~c~1 - -: -':' (f.)------;II~-, i L ! I , ", ,__ . i i II 1~_J:~-----II.::J.~~,c-~'-=11 -, i --- I ~ ," I (f.) I I, ,,'c=' '-_-=C! I ~ :il---L i I i I i 'I ' , ~- -- -'II [ L_--L___". I $! i: I ~I "'--"'..- ---4 ,n_ I LL~_I_n~ ~I--., 1 T~-'I 'I ---~, 1 I ~'Icr I I g i J !--. - I I ' -- I , ~, I. __' _~ I I - - I I l__L__..l_ .-------M- " i L._.__ _._ , ...~~~. ..] :-f:::'Fr] ~---i - -,;~ : --I i---j ~ l i~.L-J-=-E___-za'vk-__ I ~t==t. ~lti "'-r~~:TTi~ ~ __""6~a'~~:OS 'i .L ". On ." _Ln_L ~"s "'\"'- _~. "'~OON -------- - ~ --::-1 T r--- ___L;__ m~l, LLZ ._ i__ I , I '----brr I O-Z ! I I ----1----!'!! I I I -----; lJ)i i ~t~~1 i r ~ -il. '-~=-1! 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BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- , passed by the City Council of the City of Meridian, on the day of , 2003, is a true 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. WILLIAM G. BERG, JR. STATE OF IDAHO, ) : ss. County of Ada, ) On this day of ,in the year 2003, before me, , 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 acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: z:\ Work\M\Meridian\Meridian15360M\MeridianHead Start RZ-02-006 CUP-02.Q37\CertificatimOf(;lerkRWrd.doc CERTIFICA nON OF THE CITY CLERK - RZ-02-006 I WHITE PETERSON WHITE, PETERSON, MORROW, GIGRA V, ROSSMAN, NVE & ROSSMAN, P .A. KEVINE.DINIUS JULIE KLEIN FlSCHER. WM.F.GIGRAY,In T. GUY !V\LLAM' D. SAMUEL JCHNSON WILLIAM A MORROW WILLIAM E NICHOLS' CHRISTOPHER S. NVE PHiLIP A. PETERSON ERlCAS.PH1LUl'S ERIC S. ROSSMAN TODD A ROSSMAN DAVID M. SWARTLEY PAMELAJ.TARLOW 'TERRENCE R. WHITE" NiCHOLAS L WOLLEN ATrORNEYS AT LAw NAMPA OFFICE 5700 E. F'RANXLIN RD., SUITE 200 NAMPA, IDAHO 83653-8402 TEL. (208)466-9272 FAX (208)466-4405 CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687~402 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO NAMPA QmCE 'Also admitted in OR U Also admitted in W A January 22, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03- Publication , (Lois Marrs and Jeanette Shaffer) Summary of Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for rezoning ordinance for Lois Marrs and Jeanette Shaffer, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code S 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian15360M\MeridianHead Start RZ-OZ-O06 CUP-OZ-037\BergSumOrdLtr 01 2203.doc NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO I.C. ~ SO-901(A) CITY OF MERIDIAN ORDINANCE NO. 03-_ PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by Lois Marrs and Jeanette Shaffer, that is known as Meridian Head Start, consisting of .85 acres and commonly associated with the street address of32l and 333 West Broadway Avenue, Meridian, Idaho, with a zoning designation ofO-T Old Town; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel ofland bounded on the North by the centerline of West Broadway Avenue, the east by the extended east line of the west Y, of Block 6 of West View Addition to Meridian, Book 2 at Page 68, Ada County records; on the south by the north right-of-way line of the Union Pacific Railroad and on the west by the east line of the west Yz of Young Avenuelying westerly and adjacent to said Block 6 located in the Southeast Y. of Section 12, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho. Said parcel being more particularly described as follows: BEGINNING at a brass cap monument marking the centerline of West Broadway Avenue at the East Right-Of-Way line of West 4th Street; thence along said centerline of West Broadway Avenue South 89058'30" East 128.06 feet; thence leaving said centerline and following the east line of the west Y, of said Block 6 and its northerly and southerly extensions South 00000' 14" West 374.92 feet to the north right-of-way line of the Union Pacific Railroad; thence along said north right-of-way line North 89009'48" West 143.07 feet to its intersection with the southerly extension of the east line of the west Y, of said Young Avenue; thence leaving said north right-of-way line North 00000' 14" East 372.89 feet along said east line of the west y, of said Y oung Avenue to the centerline of said West Broadway A venue; thence along said centerline South 89058'30" East 15.00 feet to the POINT OF BEGINNING. RZ-02-006 A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of ,2003. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after frrst reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\Work\I\.f\Meridian\Meridian 15360M\Meridian Head Start RZ-02~006 CUP-02-037\SUMANNEXZONGORD.doc RZ-02-006