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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 ...'„j 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 36'q.42 P T R ' U, z z •� I U ---- WA Rudedg ,, e \ g rro.�s- �,wn�rs gN Labored Z N.e°?'o5'6q"w, L54.49' W ` 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: ~ ' -'~~ d~~ Sys ,~~ WILLIAM G. BERG, J ., C CLERK $~AL y ~'~~Iltll!!i 11111\\\\\