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Home My WebLink AboutSchoeder Apartments RZ03-007WHITE PETERSON WHPfE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVINE. DINILS PHILLPA. PErEASON JULIE KLEIN FISCHER ERICA $. PHILLIPS W m. F. G[CRAY, HI Ewe S. RossmAN T. GUr HALLAM" Tono A. ROSSMAN JILLHOLINKA TERRENCE R. WHITE"* D. SAMUELJOHNSON NICHOLAS L. WOLLEN WILLL4b1 A. MORROW WILLUM F. NICHOIS* CHRISTOPHER $. NYE ATTORNEYS AT LAW NAMPA OFFICE 5700 E. FRANKLIN Rn., SmTe 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9292 FAX (208) 466-4405 `Also admitted in OR "Also admitted in WA William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 August 6, 2003 RF~;~IVED AUG 13 2003 City OfMeridian City Clerk Office Re: SCHROEDER APARTMENTS /REZONE FINDINGS !REZONE ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY COVER LETTER - RZ-03-007 Deaz Will: Please find enclosed the original ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of August 5, 2003, and which are on an upcoming agenda. 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 Application for Rezone are adopted. Additionally, I have encloseo a summary vramancc anu Hlc 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. Very truly yours, ~~~ m. F. Nicho s Z:\Work\M\Ivleridian\Meridian 15360M\Schroeder Aparhnents RZ 03-007 CUP-03-026\FFCL and OrdinanceClk 08 O6 03.dm CITY OF MERIDIAN ORDINANCE NO.03- AN ORDINANCE FINDING THAT THE OWNERS OF CERTAIN REAL PROPERTY, JOHN T. SCHROEDER AND MARGARET M. LEZAMIZ, HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED AT 921 WEST 2ND STREET, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO O-T (OLD TOWN 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: The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to O-T (Old Town) District as defined under Meridian City Code § 11-7-2 L; and SECTION: 12 T3N, R1W, B.M. DESCRIPTION OF A TRACT OF LAND - In the Southeast'/a of the Northeast'/4 of Section 12, Township 3 North, Range 1 West of the Boise SCHROEDER APARTMENTS (O-T) RZ-03-007 / RE-ZONE ORDINANCE PAGE 1 OF 4 Meridian, in Meridian, Ada County, Idaho. FOR: Lots 5 and 6, Block 3 of Niday's Addition to Meridian, Idaho, Plat Book 2, Page 75, Ada County Records. A portion of the Southeast'/o of the Northeast 1/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian in Ada County, Idaho, more particularly described to wit: Commencing at a found brass monument marking the Southeast corner of the Southeast''/a of the Northeast'/< of Section 12, Township 3 North, Range 1 West of the Boise Meridian, thence North 89°25'48" West 673.21 feet to a point on the center line of West Pine Avenue; thence North 00°28'34" East 168.04 feet to the Southeast corner of Lot 5 of Niday's Addition to a set 5/8" iron pin with a plastic cap on the Westerly right of way of W. 2nd Street, said point also being the INITIAL POINT of this description. thence North 89°25'58" West 119.89 feet (formerly stated as 120.00 feet) to a set 5/8" iron pin with a plastic cap marking the Southwest corner of Lot 5, Block 3 of Niday's Addition; thence North 00°30'07" East 60.01 feet (formerly stated as 60.00 feet) to a set 5/8" iron pin with a plastic cap marking the Northwest corner of Lot 6, Block 3 ofNiday's Addition; thence South 89°26'03" East 119.86 feet (formerly stated as 120.00 feet) to a set 5/8" iron pin with a plastic cap marking the Northeast corner of Lot 6, Bloclc 3 of Niday's Addition; thence South 00°28' 34" West 60.02 feet (formerly stated as 60.00 feet) to the Initial Point of this description. This tract contains a total area of 0.165 acre, more or less, and is subject to all other existing rights of way and easements. SCHROEDER APARTMENTS (O-T) RZ-03-007 / RE-ZONE ORDINANCE PAGE 2 OF 4 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 of this ordinance is legally described in Section 1.1. on page 1 and 2 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. SCFIROEDER APARTMENTS (O-T) RZ-03-007 / RE-ZONE ORDINANCE PAGE 3 OF 4 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: STATE OF IDAHO, ) County of Ada. ss. 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, 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: MYCOMMISSION EXPIRES: Z:\Poork\NIWleridianlMeridian 15360M1Schroeder AparUnents RZ-03-007 CUP-03A26\RZOrdinance.doc SCHROEDER APARTMENTS (O-T) RZ-03-007 / RE-ZONE ORDINANCE PAGE 4 OF 4 LL IZ W Z ~" U ~- Z `~ Z_W O ~ ~ W O~ 2 U ~_ Q~N ~ a_y~ mow= ~o° ~Z c Oro a~ .m ~3w N w~ U~ ~ W w ~ ~ z ~,°~° o o ~ Q' Q m N o ~ ~ 0 ~ Z N 0 ~ ~ N 0 (~ W J m W Z J ~ O Z W 0~0 pi ~ ~ p tD OD of ~ N O Cfl J W Z ~ J N J C7 J V' J J 0 N mQ K 1S NdIaR13W N 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 of Idaho 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. ,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. STATE OF IDAHO, ) County of Ada, ss. WILLIAM G. BERG, JR. On this day of , in the year 2003, before me, a Notary Publiq appeazed WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, 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:1WorkVvlWleridianlMeridian 15360M~Schroeder Apartments 12Z-03-007 CUP-03-026~CertiFcatiooOtClerkl2ZOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN RZ-03-007 PAGE 1 OF 1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVM E.DWIUS PHIWP A. PETERSON IUWE KLEIN FISCHER ERICA S. PHILLIPS WM. F. GIGRAY,ID - EuC S. ROSSM1IAN T. GUY HALL4Mf TODD A. ROSSMAN TILL HOLMKA TERRENCEA. WHITEf' D. SAMUEL JOHNSON NICHOLAS L. WOLLEN LARRY D. MooRE WILLLAM A. MORROW W ILLW M F. NICHOLS~ CHRISTOPHER S. NYE ATTORNEYS AT LAW NAMPA OFFICE 5700 E. FRANKLIN AD., SUITE 200 NAMI'A, IDAHO 83653-8402 TEL. (208)466-9272 FAX (20B) 466-4405 Also admitted in OA t• Also admitted in WA William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 August 6, 2003 Re: Ordinance No. 03- , (John T. Schroeder and Margaret M. Lezamiz) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the above ordinance providing for rezoning ordinance for the City of Meridian, 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 of Idaho Code § 50-901(A). ~ Enclosure Z:\WorklMlMeridianUvleridian I5360M\Schroeder Apartment RZ-03-007 CUP-03-026\BergSumOrdLTR 08 06 03.doc NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 02-946 PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by John T. Schroeder and Margaret M. Lezamiz, that is known as Schroeder Apartments, consisting of .165 acres located at 921 W. 2"a Street, Meridian, Idaho, with a zoning designation of O-T Old Town District; 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 SECTION: 12 T3N, R1W, B.M. DESCRIPTION OF A TRACT OF LAND - In the Southeast '/a of the Northeast '/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, in Meridian, Ada County, Idaho. FOR: Lots 5 and 6, Block 3 of Niday's Addition to Meridian, Idaho, Plat Book 2, Page 75, Ada County Records. A portion of the Southeast'/< of the Northeast'/ of Section 12, Township 3 North, Range 1 West of the Boise Meridian in Ada County, Idaho, more particularly described to wit: Commencing at a found brass monument marking the Southeast corner of the Southeast''/4 of the Northeast''/a of Section 12, Township 3 North, Range 1 West of the Boise Meridian, thence North 89°25'48" West 673.21 feet to a point on the center line of West Pine Avenue; thence North 00°28'34" East 168.04 feet to the Southeast corner of Lot 5 of Niday's Addition to a set 5/8" iron pin with a plastic cap on the Westerly right of way of W. 2"d Street, said point also being the INITIAL POINT of this description. thence North 89°25'58" West 119.89 feet (formerly stated as 120.00 feet) to a set 5/8" iron pin with a plastic cap marking the Southwest corner of Lot 5, Block 3 of Niday's Addition; thence North 00°30'07" East 60.01 feet (formerly stated as 60.00 feet) to a set 5/8" iron pin with a plastic cap marking the Northwest corner of Lot 6, Block 3 of Niday's Addition; thence South 89°26'03" East 119.86 feet (formerly stated as 120.00 feet) to a set 5/8" iron pin with a plastic cap marking the Northeast corner of Lot 6, Block 3 of Niday's Addition; thence South 00°28'34" West 60.02 feet (formerly stated as 60.00 feet) to the Initial Point of this description. This tract contains a total area of 0.165 acre, more or less, and is subject to all other existing rights of way and easements. 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:\WOrk1Pd\MeridianlMeridian 15360M\Schroeder Apartments RZ-03-007 CUP-03-026\SUMANNEXZONGORD.doc