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HomeMy WebLinkAbout6th & Broadway OrdinanceCITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT LINDA LOEHR, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-015 - 6TH & BROADWAY) FOR REAL PROPERTY BEING LOTS 19 AND 20 OF ELLIS SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 63 OFFICIAL RECORDS OF ADA COUNTY, IDAHO, ALSO BEING A PORTION OF AND SITUATED IN THE NE '/4 OF THE SW '/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE- ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO O-T (OLD TOWN DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Linda Loehr. SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium Residential District) to O-T (Old Town District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF 6`h & BROADWAY - RZ-07-015 -Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2008. MAYOR TAMMY de WEERD ATTEST: JAYCEE HOLMAN, CITY CLERK RE-ZONE OF 6`h & BROADWAY - RZ-07-015 -Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE HOL,MAN, known to me to be the Mayor and City Clerk, respectively, 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 PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: RE-ZONE OF 6th & BROADWAY - RZ-07-015 -Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.08- PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land being Lots 19 & 20 of Ellis Subdivision, as recorded in Plat Book 2 at Page 63 official records of Ada County, Idaho, also being a portion and situated in the NE'/a of the SW '/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 12,041 square feet or .28 acres more or less. This parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2008. City of Meridian Mayor and City Council By: Jaycee Holman, 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: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08- of the City of Meridian; Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2008. William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 07-015 - 6th & BROADWAY -Page 1 EXi4IISIT' "A>' LOTS 19 AND 20 E:LLI-S' ~SUBDIVISI:ON RE=ZONE DESC'ItIPTION. A;parcel' of land for ce-done purposes being Lots° 1.9 and 2Q gfE11iS.Subdivisiott, as recorded'in Plat Book 2 at Page 63 .gffJCial records of Ada County, Idaho; also k.eing a. .portion o. f, and situated in the ~1E1/4 of the SWl/4 of Section 7, Township 3 Ngith, Mange 1' EaSt,. $oise 1VJeridian, City o:f. iVlecidian; Ada County, Idaho,. and more p'arEicularly descibed.as ~gllows: Cbi~c-niencing at a brass cap .mQnutnent riiarking the Southeast comer of said S W 1 /4., :thence along the E:aSt line of said $W.l/4 N00°35.'03".)~ a distance of 191.9.57 'feet to a :point marlung the intersection of•said East line and• the North line of Oiegon Shortfine Railroad property as described. ins Book G of Judgments at Page 27$, from which a brass cap.•;nonutrient marking the northeast comer of'said SV/1/4 bears N.l)0°35'03"E a distance o'f 721.63. feet, tbenge leaving said East lipe.and' along said North line N8$°3U' 13"W a distance of 1.5:.UQ feet to a point marking the intersection of said North'line and the centerline of East 6th Street and the.PQIN`T Ol~ $1G11~TNING; Thence:cgntinuing along said N`grth line N88°3.Q'13"Vl!:a distance of 74.82 feet to a.point; Thence leavng~said i\lorth lineN00°~5'U3"E.a distanee•of 1.60:Q2:feet to a.point~marking the•centerliae of'the~Alley separating Lots l .thru 1.0 and i l tliru 2O,.gf'said Ellis $ubc:ivision; Thence along said centerline S88°33'43'"E a distanceof T4.8~2 feet to a,point inaiking the ceJ}t~line intersection• of said Alley and said East 6th.Street; Thence leaving. said centerline of the Alley •and along the cenCerline'of said East 6th .iS~4reet SQO°3.5'.03"W a distance.of 160.99 feet to the POIIVT OF' BEGINNING; Said ie-2one paicel contains '12;04'1 .square feet or 0:2$ acres more or. less and' is subject to all. existing easements and or rights-of=ways of reeoid or implied. Attached hereto is "Exhibit B" and. by this reference is made ~a part hereof. apYA4 P~1. . 9`~-. 1. ~~~ Q 5 X97 M WoaKSOE tc CG'16b86 REZONE IEGAt> FOR VALLEY S~P KT($ JULY 29 09AGC r ,.. _ EX.IBIT -"~B"• - R.E~ZO.NE LEGAL. DE-SCRIPION LOT$ 19 & 20 EGI:IS $UHDMS[ON AND .A PORTION QP T~ NE!/4 :OF THE .SWl/4. OF' SECTION '7 'fOWI!TSHIP S :N.ORT$a RANGE 1 EAST, HQ[SE` MERmIAN .AD'A CO.iJN t'Y, IDAHO LEGEND zoga - - - - REtZONE $dUNDARY L~NE• E IDAHO ST. - - - • - • _ SECTION UNE -~- - -t- 'ROAD GENTERUNE =~-' RO'AD' RICNT-OF-WAY O. FOUND 5/8° REHAR' Qi' SET 5/$" REAR W/CAP MARKED LS' 11120 'FOUND' BRASS CAP 3 4 .) p y ~P.0:8: POINT OF BEGINNING ~ r I I Q .a~:~v~ I. - o - ~a.82' 1 8':~~' 1 N I Of ~ ~ l0 12 l.T 14 .15 16 J7 98.~,~ ~ o !9' 20 a.. N Q of z~ N.ORfiM PROPERTY UNE --Y OF OREGON SHORT LINE I~ RAILROAD n Ct../4 C.OR.. SEC: 7 1 , tS'~ I NI 1 ~. I TO' ~c H 1, J .. N. ~ 1 Ia ~ ~O fV IO ~ I.,n W E., I •o d Yl W M ~~ °o ~. In I z o :~ I:a ~S~i ~N88'30'13"W . i~,.~,, 15.00' V¢. E. 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