01-921 RZ Tranquility Pond 00-009 (101080993)tD i " t0t080993
CITY OF MERIDIAN
ORDINANCE NO. 01-___q~/
AN ORDINANCE FINDING THAT JEFF AND HOLLY REID OWNERS OF
CERTAIN REAL PROPERTY TO BE KNOWN AS TRANQUILITY PONDS
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) ZONING DISTRICT TO C-G
(GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED
UNDER MERIDIAN CITY CODE § I 1-7-2 K, 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 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) District to C-G (General Retail
and Service Commercial) District as defined under Meridian City Code § 11-7-2 K;
and
Jeff and Holly Reid / (C-G) RZ-00-009 / RE-ZONE ORDINANCE - 1
2. The City of Meridian Planning and Zoning Commission and City
Council having given notice and conducted all public heatings in accordance with law
and having issued its findings of fact and condusions of law and Decision and Order
granting the application for rezone; and
3. The real property which is the subject of this ordinance is legally
described as follows:
A parcel of land being all of Lot 1, excluding a portion deeded to the State of
Idaho for highway purposes, of Chapin Subdivision No. 2, located in the
Northeast 1/4 of the Northwest I/4 of Section 7, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, being more
particularly described as follows:
BEGINNING at the southwest corner of Lot 1, said point being common to
Lots 1 and 2; thence along the common line on Lots 1 and 2, North 00007'00''
East a distance of 139.73 feet to a point on the southerly right-of-way line of
Fairview Avenue; thence along said southerly right-of-way line, North
88050'35'' East a distance of 64.02 feet to a point on the westerly right-of-way
line of East 3rd Street; thence leaving the southerly right-of-way line of
Fairview Avenue and along the westerly right-of-way line of East 3rd Street,
South 00°07'00" West a distance of 141.21 feet; thence leaving the westerly
right-of-way line of East 3rd Street and along the south boundary line of said
Lot 1, North 89050'00'' West a distance of 64.00 feet to THE POINT OF
BEGINNING.
Said parcel contains 8t990 square feet or 0.21 acres, more or less.
4. The following conditions shall be required as follows to-wit:
4.1
Applicant shall be responsible for the extension of sewer and
water service lines in the site from the existing mains.
4.2
If rezoned to C-G, the subject lot would conform to minimum lot
size and frontage standards.
Jeff and Holly Reid / (C-G) RZ-00-009 / RE-ZONE ORDINANCE- 2
4.3
The Applicant shall submit a revised Concept Plan to meet
ordinance requirements.
4.4 Staff recommends that a Development Agreement not be required
for this application.
4.5
Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped should be shown on the site plans with
written confirmation of said approval of irrigation district
submitted to the Public Works Department. No variances have
been requested for tiling of any ditches crossing this project.
4.6
Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
4.7
Provide five-foot-wide sidewallcs in accordance with City
Ordinance (Ord. 12-5-2.K).
4.8 All construction shall conform to the requirements of the
Americans with Disabilities Act.
4.9
Assessment fees for water and sewer service are determined
during the building pl~ur review process. Applicant shall be
required to enter into a Re-Assessment Agreement with the City
of Meridian for all commercial uses.
4.10
Dedicate 54-feet of right-of-way (approximately 4-feet
additional) from the centerline of Fairview Avenue abutting the
parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
Jeff and Holly Reid / (C-G) RZ-00-009 / RE-ZONE ORDINANCE - 3
4.11
Applicant shall construct a five-foot wide concrete sidewalk on
Fairview Avenue abutting the parcel. Coordinate the location
and elevation with District staff.
4.12
Direct access to Fairview Avenue shall be prohibited, as the
applicant has ample frontage on Third Street for a reasonable
access,
4.13 Applicant shall locate any driveways on Third Street a minimum
of 50-feet south of Fairview Avenue. The driveways shall be
paved to their full-required width to a point 30-feet beyond the
edge of pavement.
4.14 Any existing driveways on FairviewAvenue shall be closed.
4.15 Applicant shall construct curb, gutter, and five-foot wide
concrete sidewalk on East Third Street to match the existing
improvements to the south.
4.16 As required by District policy, restrictions on the width, number
and locations of driveways, shall be placed on future
development of this parcel.
SECTION 2. That the above-described Property be, and the same is hereby re-
zoned and designed (C-G) General Retail and Service Commercial 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
Jeff and Holly Reid / (C-G) RZ-00-009 / RE-ZONE ORDINANCE - 4
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.
,~ASSED BY THE COUNCIL OF
of . ~C~/~'- ,2001. THE CITY OF MERIDIAN, IDAHO,
this~day
~ ~PPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this~.__r"~ay of ~vF-,Jrx~/'- , 2001.
~ity-Clerk
STATE OF IDAHO,
County of Ada.
On this ~ day of IL/}J
undersigned, a Notary Public in and for ~ai-d ~t'ate, personally appeared' 2001, before me, the
ROBERT D. CORRiE and
WILLIAM G. BERG, JR., lmown to me to be the Mayor and City Clerk of the CITY of Meridian,
Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian
executed the same.
IN WIT~..~ii,~WHEREOF, I have hereunto set my_ hand and affixed mx/_ official seal the day
and year fi.r~ ~.~'~
(SE~)~ ~ ~o '~r I ! NOWAY PUBLIC FOR ID~O
msg~:~W~360M~T3anquility Pond ~09~Or~nance
Jeff and Holly Reid / (C-G) ~-00-009 / ~-ZONE O~IN~CE - 5
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 Cro~untv,
State of Idaho, do hereby certify that the attached copy of Ordnance No. ~___~.7- ~/
passed by the City Council of the City of Meridian, on the __~_~day of
2001, is a true and Correct copy of the original of said document which is in the%are,
custody and control of the City Clerk of the City of Meridian.
WILLIAM G. BERG, JR.
STATE OF IDAHO,
County of Ada,
On this
SS.
,'~jd& day of~,/d, in the year 2001, before me,
(] V~ ~.,~a~ , a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Cleric 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.
Notary Public for Idaho
Commission Expires://, 42.-,
msg~Z:\WorkkM~vleridian~vleridian 15360M~Tranquility Pond RZ009\CertlficationOfClerkOrd
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
RZ-00-009 1