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Bentley Apartments RZ 02-009 CITY OF MERIDIAN ORDINANCE NO. 03- AN ORDINANCE FINDING THAT THE OWNER, TERESA BENTLEY, OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 518 E. BROADW AY AVENUE, MERIDIAN, IDAHO, 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) TO O-T (OLDTOWN 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 .17 acre 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) to 0- T (Old Town) District as defmed under Meridian City Code S 11-7-2 L; and Physically located at 518 E. Broadway Avenue, Meridian, Idaho. A parcel of land being Lots 15 and 16 of Ellis Addition to Meridian, recorded in Book 2 of Plats at Page 63, records of Ada County, Idaho and a portion of Broadway Avenue lying southerly and adjacent to said Lots 15 BENTLEY APARTMENTS (O-T) RZ-02-009 I RE-ZONE ORDINANCE - 1 and 16 of Ellis Addition to Meridian, said parcel lying in the NE V. SW V. of Section 7, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the NW Corner of said Lot 15 of Ellis Addition to Meridian, said NW Corner marking the REAL POINT OF BEGINNING: thence East 60.00 feet along the north boundaries of said Lots 15 and 16 of Ellis Addition to Meridian to the NE Corner of said Lot 16 of Ellis Addition to Meridian; thence South 122.00 feet along the east boundary of said Lot 16 of Ellis Addition to Meridian to the SE Corner of said Lot 16 of Ellis Addition to Meridian; thence continuing South 50.00 feet along a projected line of the said east boundary of Lot 16 of Ellis Addition to Meridian to the point of intersection of the said projected line of the east boundary of Lot 16 of Ellis Addition to Meridian with the centerline of said Broadway Avenue; thence West 60.00 feet along the said centerline of Broadway Avenue to the point of intersection of the said centerline of Broadway Avenue with a projected line of the west boundary of said Lot 15 of Ellis Addition to Meridian; thence North 50.00 feet along the said projected line of the west boundary of Lot 15 of Ellis Addition to Meridian to the SW Corner of said Lot 15 of Ellis Addition to Meridian; thence North 122.00 feet along the said west boundary of Lot 15 of Ellis Addition to Meridian to the point of beginning, containing 0.24 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way ofrecord or in use. 2. The City of Meridian Planning and Zoning Commission and City Council BENTLEY APARTMENTS (O-T) RZ-02-009/ RE-ZONE ORDINANCE -2 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 of this 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. 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: BENTLEY APARTMENTS (O-T) RZ-02-009/ RE-ZONE ORDINANCE -3 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: 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, andwho 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: MY COMMISSION EXPIRES: Z:IWork\M\MeridianIMeridian15360MIBentty Apts RZ-02-D09 CUP-02-D48\RZOrdinance.doc BENTLEY APARTMENTS (O-T) RZ-02-009 I RE-ZONE ORDINANCE -4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. 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: CER TIFICA nON OF THE CITY CLERK - RZ-02-009 c: ~~~r,~~m ~~g~~~%'i . OOO'og~tT1 goOOO :r.-I ~ zz~~~~G! ggqqqq\n igggg8.~ a 8. 8'~ & & ~ rft rft I~ 1\' \1l \1l \ \ \ 110l1~ ~% <e .. ~~ Wt ~ hio %0 ~ ~o ~"'~ (j)- ~':z -<. ~ ::0 Z 6~O ~ )>');1> ~~-n:, ~~ \\\ ~ ~~ \l~g~~9 'ff;;;I~ {1\ (J)\ ~ ~\ ~ *' ~ \ \ d \k J 1:. -"I"'~ "'~ \ \Q -\ :it) b \~ ~~ _\ .' ~ ~ ) - ~ ~ 0 ......- z - \ - 1::. .. in -0' :::-- 3\ -- b 5 - ~ ~. 0 \~ ~ ~ - - 0 Z \ ~ ~ ~~ 1 (f\ 'Z-:...! 'Z-o I. z-n r [1 Gl) \ ./ -/- :;\ \..5 \..6 ;7 ~ b ~ ~'3 r ~ ~ \..2 .... (J) ~ ,~ -.: '$ "'E. ~ \. Q ..;;! 0 Z \ o \ 'm :0 I::. . ~ - \ RECEIVED MAR t 1 2tm3 City Of Meridian City Clerk Office WHITE PETERSON KEVIN E. DINIUS JULIE KLEIN FISCHER WM.F.GIGRAY,IIJ T. GlN HALLAM' D. SAMUELJCJiNSON WillIAM A MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NVE WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NVE & ROSSMAN, P.A. PHiUPA.PmRSON A L NAMPAOFFICE ERlCAS.PHWPS TTORNEYSAT AW 5700 E. FRANKUN RD., ERIC S. ROSSMAN SUITE 200 TODD A ROSSMAN NAMPA, IDAHO 83687-8402 DAVID M. SWAR1LEY TEL. (208)466-9272 PAMELAJ.TARLOW FAX (208) 466-4405 TERRENCE R. WHrrE" NICHOLAS L WOLLEN ... Also admitted in OR .... Also admitted in W A March 11, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03- , (Teresa Bentley) Summary of Publication 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 Teresa Bentley, 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\Meridianl 5360M\Bentl:y Apts RZ-02.Q09 CUP-02-048\BergSumOrdLtr 03 11 03.doc NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO I.C. ~ 50-901(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 Teresa Bentley, that is known as Bentley Apartments, consisting of .17 acre and commonly located at 518 E. Broadway Avenue, Meridian, Idaho, with a zoning designation of 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 Physically located at 518 E.Broadway Avenue, Meridian, Idaho. A parcel ofland being Lots 15 and 16 of Ellis Addition to Meridian, recorded in Book 2 of Plats at Page 63, records of Ada County, Idaho and a portion of Broadway Avenue lying southerly and adjacent to said Lots 15 and 16 of Ellis Addition to Meridian, said parcel lying in the NE V. SW V. of Section 7, T.3N., R.IB., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the NW Comer of said Lot 15 of Ellis Addition to Meridian, said NW Comer marking the REAL POINT OF BEGINNING: thence East 60.00 feet along the north boundaries of said Lots 15 and 16 of Ellis Addition to Meridian to the NE Comer of said Lot 16 of Ellis Addition to Meridian; thence South 122.00 feet along the east boundary of said Lot 16 of Ellis Addition to Meridian to the SE Corner of said Lot 16 of Ellis Addition to Meridian; thence continuing South 50.00 feet along a projected line ofthe said east boundary of Lot 16 of Ellis Addition to Meridian to the point of intersection of the said projected line of the east boundary of Lot 16 of Ellis Addition to Meridian with the centerline of said Broadway Avenue; thence West 60.00 feet along the said centerline of Broadway RZ-02-009 Avenue to the point of intersection of the said centerline of Broadway Avenue with a projected line of the west boundary of said Lot 15 of Ellis Addition to Meridian; thence North 50.00 feet along the said projected line of the west boundary of Lot 15 of Ellis Addition to Meridian to the SW Corner of said Lot 15 of Ellis Addition to Meridian; thence North 122.00 feet along the said west boundary of Lot 15 of Ellis Addition to Meridian to the point of beginning, containing 0.24 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. 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 first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\WorklMlMeridianlMeridian 15360MIBentley Apts RZ-02-D09 CUP-02-048\SUMANNEXZONGORD.doc RZ-02-009