HomeMy WebLinkAbout18-1793 Fairbourne H-2018-0052 RZADA COUNTY RECORDER Christopher D. Rich 2018-098362
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/17/2018 11:08 AM
CITY OF MERIDIAN, IDAHO NO FEE
CITY OF MERIDIAN ORDINANCE NO. 1.8-1.793
BY THE CITY COUNCIL: BERNT, :O'
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE (H-2018-0052 — FAIRBOURNE SUBDIVISION) FOR THE RE -ZONE
OF A PARCEL LAND LOCATED IN THE SE/40F THE SE/40F SECTION 21 AND
THE SW 1/40F THE SW 1/4 OF SECTION 22 AND A PARCEL LOCATED IN THE 3 E 1/z
OF SECTION 21 AND THE W 1/z OF THE SW 1/4 OF SECTION 22, TOWNSHIP 4
NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY
IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING
CLASSIFICATION FROM R-15 (MEDIUM HIGH DENSITY RESIDENTIAL), R-8
(MEDIUM DENSITY RESIDENTIAL) AND C -C (COMMUNITY BUSINESS) ZONING
DISTRICTS TO C -C (COMMUNITY BUSINESS)(6.48 ACRES) AND R-8 (MEDIUM
DENSITY RESIDENTIAL)(62.41 ACRES) ZONING DISTRICTS 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
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. HBU Investments and MDC, LLC.
SECTION 2. That the above-described real property is hereby re -zoned from R-15 (Medium
High Density Residential), R-8 (Medium Density Residential) And C -C (Community Business)
Zoning Districts To C -C (Community Business)(6.48 Acres) And R-8 (Medium Density
Residential)(62.41 Acres) Zoning 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 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 to re -zone said property.
RE ZONE ORDINANCE — FAIRBOURNE SUBDIVISION - H-2018-0052 PAGE 1 OF 3
Meridian City Council Meeting Agenda October 16, 2018 - Page 412 of 419
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.
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
4h day of LIL p b py— 2018.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 164,11)
day of oInI.TUi'}21� , 2018.
MAYOR/TAMMY de WEERD
ATTEST:
o�P,�Ep AUGUST'
V (..I y of
CAY CO S, CITY CLERK �.� `E IDI �
IDAHD Y
W
SEAL -
RE ZONE ORDINANCE — FAIRBOURNE SUBDIVISION - H-2018-0052 PAGE 2 OF 3
STATE OF IDAHO, )
ss:
County of Ada )
On this 1(p*day of 0)0,� 10-ei--, 2018, before me, the undersigned, a Notary Public in
and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to
be the Mayor and City Cleric, 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)
----------------
CHARLENE WAY
COMMISSION #67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 328/22
------------
C�q N
Notary Public for Idaho ,�, "" n Q /
Residing At: `M JtQ1r^�'��`U,Ql �
My Commission Expires: 3 -cS 2
RE ZONE ORDINANCE - FAIRBOURNE SUBDIVISION - H-2018-0052 PAGE 3 OF 3
Meridian City Council Meeting Agenda October 16, 2018 – Page 416 of 419
Meridian City Council Meeting Agenda October 16, 2018 – Page 417 of 419
Meridian City Council Meeting Agenda October 16, 2018 – Page 418 of 419
Meridian City Council Meeting Agenda October 16, 2018 – Page 419 of 419
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 18-1793
PROVIDING FOR RE ZONING ORDINANCE
An Ordinance (H-2018-0052 — Fairbourne Subdivision) For The Re -Zone Of A Parcel Land
Located In The Se '/4 Of The Se '/4 Of Section 21 And The SW '/4 Of The SW '/4 Of Section 22 And
A Parcel Located In The 3 E '/z Of Section 21 And The W '/20f The SW '/4 Of Section 22, Township
4 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And
Determining The Land Use Zoning Classification From R-15 (Medium High Density Residential),
R-8 (Medium Density Residential) And C -C (Community Business) Zoning Districts To C -C
(Community Business)(6.48 Acres) And R-8 (Medium Density Residential)(62.41 Acres) Zoning
Districts In The Meridian City Code. These parcels contain 68.81 acres more or less. Also, this
parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached 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 Broadway Avenue, Meridian, Idaho. This
ordinance shall become effective on the )61" day of "be_y- , 2018.
/:/�� _ i//� QO�p�E� AU�,,
v V
C& of Mei 'an z
Mayor and ty Council W
By: C.Jay Coles, City Clerk gym SEAL J���%
First Reading:c��TFRo/thoTR�Py
Adopted after first reading by suspension of the Ru e 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. 18-1793
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. 18 -I 1 Q 3 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 � �O� day of 0 (�0 e , 2018.
h•
William. L.M. Nary
City Attorney
RE ZONE ORDINANCE SUMMARY- FAIRBOURNE SUBDIVISION — H-2018-0052 PAGE 1
AFFIDAVIT OF PUBLICATION
351462 1827544 STATE OF IDAHO )
)SS.
1 MERIDIAN, CITY OF County of Ada )
33 E. BROADWAY AVENUE Sharon lessen
MERIDIAN ID 83642 of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following:
10/26/2018
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111111
STATE OF IDAH
County of Canyon
On this 26th day of October in the year of
2018 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
executed the same.
"I LAIL-2
Notary Public for Idaho
Residing at Canyon County404
®0.°•°°®®°°°® ®°
My Commission expires 06/28/2023 w% °® d
. °
LEGAL NOTICE
PUBLISHEDNOTICE AND
I.C.PURSUANT TO § 50-901(A)I
ORDINANCE NO. 18-1793 PROVII
ZONINGRE 1
An Ordinance (H-2018-0052 FairbournE
The Re -Zone Of A Parcel' Land Located In
Se 1/40f Section 21 And The SUS 1/a Of The
22 And A Parcel Located In The 3 E 1/2 C
The W '/2 f The SW 1/a Of Section 22, 1
Range 1 West, Boise Meridian, City Of Mer
Idaho, Establishing And Determining The
Classification From R¢-15 (Medium High De
® (Medium Density Residential]j And
Business)ZoningDistricts To C -C (Com
(6.48 Acres) And R-8 (Medium Density
Acres) Zoning Districts In The Meridian I
parcels contain 68.81 acres more or less.
SUBJECT TO all easements and rights -o
implied. s in attached exhibit "B" and is nc
tual field survey. A full text of this ordinan
inspection at City Hall, City of Meridian,
Avenue, ' eridian, Idaho. ;This ordinance sl
tive on the 26th day of October, 2018.
City of Meridian
Mayor and City Council
By: C.Jay Coles, City Clerk
First Reading: 10/16/2018
Adopted after first reading by suspension
as allowed pursuant to Idaho Cade 50-90
SecondReading: /A
Third Reading: /A
STATEMENT OF MERIDIAN CITY A17
ADEQUACY OF SUMMARY OF 1
The undersigned, William L.M. 'Nary, Ci
City of Meridian, Idaho, hereby certifies ft
advisor of the City and has reviewed a col
Ordinance No. 18 -1793 of the City of Me
has found the same to be true and comp
adequate notice to the public pursuant to
901 A (3).
TED this 16th day of October, 2018.
William. L.M. Lary
City Attorney
FIST
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