HomeMy WebLinkAbout765 Saunders RZORDINANCE NO._
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 TRACT OF LAND LOCATED IN THE NE 1/4, SW 1/4,
SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to amend and change the zoning from R-4 Low Density
Residential to R-8 Medium High Density Residential, for the
following described parcel:
A tract of land located in the NEk, SW'h, Section 12,
Township 3 N, Range 1 W, Boise Meridian (B.M.), in the
City of Meridian, Ada County, Idaho; more fully
described as follows:
Beginning at the center k corner of Section 12, Township
3 N, Range 1 W, B.M.; thence running S 00°00'00" E along
the North -South center section line of the above said
Section 12 a distance of 687.50 ft. to a point on the
South right-of-way line of Broadway Ave. which is the
"Real Point of Beginning"; thence running S 00°00'00" E
a distance of 296.95 ft. to a point which lies 125.00
ft. from the centerline of the U.P.R.R.; thence running
N 89*051591, W a distance of 659.49 ft. to a point;
thence running N 00°00'00" E a distance of 483.35 ft. to
a point; thence running N 89"56130" E a distance of
135.00 ft. to a point; thence running N 00°00'00" E a
distance of 335.07 ft. to a point; thence running N
89*561301, E a distance of 359.42 ft. to a point on the
West right-of-way line of NW 8th Street; thence running
S 00°00'00" E along the West right-of-way line of NW 8th
Street a distance of 532.45 ft. to a point on the South
right-of-way line of Broadway Ave.; thence running N
89°57'30" E along the South right-of-way line of
Broadway Ave. a distance of 164.98 ft. to the "Real
9 7 0 6 5 0 `Point of Beginning".
The above described property contains 9.42 acres more or
less and is subject to rights -of -way of record and in
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REZONE ORDIJNANCE - SAUNDERS
Page 1
FEE If
R E C -
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which is
described as follows:
A tract of land located in the NE4, SW4, Section 12,
Township 3 N, Range 1 W, Boise Meridian (B.M.), in the
City of Meridian, Ada County, Idaho; more fully
described as follows:
Beginning at the center k corner of Section 12, Township
3 N, Range 1 W, B . M. ; thence running S 00 ° 00 ' 0 0 " E along
the North -South center section line of the above said
Section 12 a distance of 687.50 ft. to a point on the
South right-of-way line of Broadway Ave. which is the
"Real Point of Beginning"; thence running S 00000'00" E
a distance of 296.95 ft. to a point which lies 125.00
ft. from the centerline of the U.P.R.R.; thence running
N 89005'59" W a distance of 659.49 ft. to a point;
thence running N 00000'00" E a distance of 483.35 ft. to
a point; thence running N 89056,30" E a distance of
135.00 ft. to a point; thence running N 00000'00" E a
distance of 335.07 ft. to a point; thence running N
89056130" E a distance of 359.42 ft. to a point on the
West right-of-way line of NW 8th Street; thence running
S 00000'00" E along the West right-of-way line of NW 8th
Street a distance of 532.45 ft. to a point on the South
right-of-way line of Broadway Ave.; thence running N
89057130" E along the South right-of-way line of
Broadway Ave. a distance of 164.98 ft. to the "Real
Point of Beginning".
The above described property contains 9.42 acres more or
less and is subject to rights -of -way of record and in
use.
be, and the same is rezoned from R-4 Residential to R-8
Residential, 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 Council on the request for rezone.
Section 2. The Applicant shall comply with all of the
Ordinances of the City of Meridian, and comply with the comments
REZONE ORDINANCE - SAUNDERS
Page 2
of the Planning and Zoning Administator.
Section 3. That the property shall be subject to re -zone
if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and
sewer mains will serve the land.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
C. That, as a condition of rezoning, the Applicant shall be
required to enter into a development agreement as
authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address inclusion into the
development the requirements of 11-9-605 of the Revised
and Compiled Ordinances of the City of Meridian and
other matters; that the property may be de -annexed if
the terms and conditions of the Development Agreement
are not satisfied.
d. That the development of annexed land must meet and
comply with the Ordinances of the City of Meridian and
in particular Section 11-9-616, which pertains to
development time schedules and requirements, 11-9-605 M.
which pertains to the tiling of ditches and waterways,
and 11-9-606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law and meet the Ordinances of
the City of Meridian.
g. That the Applicant is required to enter into a
development agreement and perform development of the
property as a townhouse project each with a two car
garage for each unit for which Applicant must apply for,
and obtain a conditional use permit.
h. The development of the property must be performed as a
planned unit development and meet all the requirements
to obtain the planned unit development.
Section 3. That if the Applicant shall fail to meet the
REZONE ORDINANCE - SAUNDERS Page 3
above conditions the property shall be subject to rezone back to
R-4.
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
City of Meridian, Ada County, Idaho, this t�
�-- day of -Juiy, 1997.
fiu3ccc+
APPROVED:
-- ROBERT D. CORRIE
ATTES z
WILZUK—G. RG, JR. , --
STATE OF IDAHO,)
: ss.
County of Ada, )
I, WILLIAM G. BERG, JR., 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 TRACT OF LAND LOCATED IN THE NE 1/4, SW 1/4,
SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE
DATE"; passed as Ordinance No. '5 by the City Council and
Mayor of the City of Meridian, on the `�- '-` day of �tr3:y, 1997, as
the same appears in my office. ���us�
REZON
E ORDINANCE - SAUNDERS Page 4
DATED this 4'-Affix of
of
SEAL
z , 1997.
ty Clerk, C-ity of
a County, Idaho
STATE OF IDAHE),-L
County of Ada,
f�lifff:`1 iit41\tt\t\
On this :-- day of July, 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 name is
subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
L . �'�...
SEAL ��'�':
A'9
'll/Illll tli4S.a.
Nota Public for Idaho
R,4si ing at Meridian, Idah
My Commission Expires: 0
REZONE ORDINANCE - SAUNDERS
Page 5
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96
ORDINANCE NO. 765
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 TRACT OF LAND LOCATED IN THE NE 1/4, SW 1/4, SECTION 12,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN THE CITY OF MERIDIAN,
ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have
concluded that it is in the best interest of said City to amend and change the zoning from
R-4 Low Density Residential to R-8 Medium High Density Residential, for the following
described parcel:
A tract of land located in the NE 1 /4, SW 1 /4, Section 12, Township 3 N,
Range 1 W, Boise Meridian, B.M. in the City of Meridian, Ada County, Idaho,
more fully described as follows:
Beginning at the center 1/4 comer of Section 12, Township 3 N, Range 1 W,
B.M.; thence running S 00°00'00" E along the North-South center section
line of the above said Section 12 a distance of 687.50 ft. to a point on the
South. right-of-way line of Broadway Ave. which is the "Real Point of
Beginning' ;thence running S 00°00'00" E a distance of 296.95 ft. to a point
which lies 125.00 ft. from the centerline of the U.P. R. R.; thence running N
89°05'59" W. a distance of 659.49 ft. to a point; thence running N 00°00'00"
E a distance of 483.35 ft. to a point; thence running N 89°56'30" E a
distance of 135.00 ft. to a point; thence running N 00°00'00" E. along the
West right-of-way line of NW 8th Street a distance of 532.45 ft. to a point on
the South right-of-way line of Broadway Ave,; thence running N. 89°57'30"
E along the South right-of-way line of Broadway Ave. a distance of 164.98
ft. to the "Real Point of Beginning".
The above described property contains 9.42 acres more or less and is
subject to rights-of-way of record and in use.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which is described as follows:
A tract of land located in the NE 1/4, SW 1/4, Section 12, Township 3 N,
Range 1 W, Boise Meridian, B.M. in the City of Meridian, Ada County, Idaho,
more fully described as follows:
Beginning at the center 114 comer of Section 12, Township 3 N, Range 1 W,
B.M.; thence running S 00°00'00" E along the North-South center section
line of the above said Section 12 a distance of 687.50 ft. to a point on the
South right-of-way line of Broadway Ave. which is the "Real Point of
Beginning"; thence running S 00°00'00" E a distance of 296.95 ft. to a point
which lies 125.00 ft. from the centerline of the U.P.R. R.; thence running N
89°05'59" W. a distance of 659.49 ft. to a point; thence running N 00°00'00"
E a distance of 483.35 ft. to a point; thence running N 89°56'30" E a
distance of 135.00 ft. to a point; thence runping N 00°00'00" E. along the
West right-of-way line of NW 8th Street a distance of 532.45 ft. to a point on
the South right-of-way line of Broadway Ave,; thence running N. 89°57'30"
E along the South right-of-way line of Broadway Ave. a distance of 164.98
ft. to the "Real Point of Beginning".
REZONE ORDINANCE - SAUNDERS
PAGE 1
97
The above described property contains 9.42 acres more or less and is
subject to rights-of way of record and in use.
be, and the same is rezoned from R-4 Residential to R-$ Residential, 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 Council on the request for rezone.
Section 2. The Applicant sha{{ comply with all of the Ordinances of the City of
Meridian, and comply with the comments of the Planning and Zoning Administrator.
Section 3. That the property shall be subject to rezone if the owner shall not meet
the following requirements:
a. That the Applicant will be required to connect to Meridian water and sewer
and resolve how the water and sewer mains will serve the land.
b. That the development of the property shall be subject to and controlled by
the Subdivision and Development Ordinance and the Meridian Compre-
hensive Plan adopted January 4, 1994.
c. That, as a condition of annexation, the applicant shall be required to enter
into a development agreement as authorized by 11-2-416 L and 11-2--417D
that the development agreement shall address inclusion into the project of
the requirements of 11-9-605 of the Revised and Compiled Ordinances of
the City of Meridian and other matters; that the property may be de-annexed
if the terms and conditions of the Development Agreement are not satisfied
d. That the development of annexed land must meet and comply with the
Ordinances of the City of Meridian and in particular Section 11-9-616,
which pertains to development time schedules and requirements, 11-9-605M
which pertains to the tiling of ditches and waterways, and 11-9-606 B 14
which pertains to pressurized irrigation.
e. That these conditions shall run with the land and bind the Applicant, the
titled owners, and their assigns.
f. That the Applicant shall meet the requirements and conditions of the
Findings of Fact and Conclusions of Law and meet the Ordinances of the
City of Meridian.
g. That the Applicant is required to enter into a development agreement and
perform development of the property as a townhouse project each with a
two car garage for each unit for which Applicant must apply for, and
obtain a conditional use permit.
h. The development of the property must be performed as a planned unit
development and meet all the requirements to obtain the planned unit
development.
Section 3. That if the Applicant shat( fail to meet the above conditions the property
shall be subject to rezone back to R-4
REZONE ORDINANCE - SAUNDERS PAGE 2
9~
Section 4. EFFECTNE 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 City of Meridian,
Ada County, Idaho, this 5th day of August, 1997.
APPROVED:
RT D. CORRIE, MAYOR
ATTEST:
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WILLIAM G. BERG, J ., C CLERK $~AL
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