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HomeMy WebLinkAboutSundance Subdivision AZ 01-012May 3, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT G.L. Voigt Development REQUEST Ordinance No. AZ 01-012 May 7, 2002 ITEM NO. : Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for the proposed Sundance Subdivision -- northeast corner of East Ustick Road and North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A'I-[ORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CiTY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See A#ached OMinance Date: Phone: Mateflals presented at public meetings shall become propedy of the City of Meridian. KEVIN E. DiNIUS JULIE KLEIN FISCHER WM. F. OlGRAY, III D. SAMUEL JOHNSON JILL S. JURRIES LARRY D. MOORE WILLIAM A. MORROW WILLIAM E NICHOLS* *ALSO ADMrFrED IN OR **ALSO ADMI'FFED IN WA WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TIiRREI~CE R, WHITE** NICHOLAS L, WOLLEN 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 NAMPA OFFICE CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA. IDAHO 83687.8402 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFIGE William. G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 February 26, 2002 RECEIVED FEB 2 8 20O2 City Of Meridian City Clerk Office Re: G. L. VOIGT DEVELOPMENT / ANNEXATION AND ZONING FINDINGS / DEVELOPMENT AGREEMENT / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-01-012 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AN,,D ZONING prepared as per instructions from the Council meeting of February ~l 9, 2002, and which are on the agenda for March 5, 2002. I have also attached the original of the Development Agreement for owners and developer signatures. After the Council meeting of March 5, 2002, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners and developer for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning 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 be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly your~_ // Z:\Work~qNMeridiankMeridian 15360M\Sundance Sub AZ01-012 PPOI-O15 CUPO1-026~FFCL Ord Dev AgmtClk.doc CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE MCBIRNEY PROPERTY TRUST TO BE IG'qOWN AS SUNDANCE SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF E. USTICK ROAD AND N. MERIDIAN ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS:That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-01-012) - 1 A parcel of land located in the SW1/4 of Section 31, Township 4 North, Range 1 East, the SE 1/4 of Section 36, Township 4 North, Range 1 West, and the NW 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; Ada County, Idaho; being more particularly described as follows: Commencing at the southwest corner of the SW 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, the REAL POINT OF BEGINNING of this description; Thence N 89°35'39'' W 25.00 feet to a point on the west right-of-way line of Meridian Road; Thence N 00°50'16" E 1919.33 feet along said west right-of-way to a point; Thence S 89o35'39'' E 1655.04 feet to a point; Thence S 00°50'16" W 1964.33 feet to a point on the south right-of-way line of Ustick Road; Along said south right-of-way; Thence N 89°35'39'' W 538.34 feet to a point; Thence N 00°50'16" E 20.00 feet to a point; Thence N 89°35'39'' W 1091.70 feet to a point on the west line of the NW 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; Leaving said south right-of-way; Thence N 00°50'16" E 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 74.10 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. ANNEXATION AND ZONING ORDINANCE (AZ-01-012) - 2 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: 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 plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, 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, all in compliance with Idaho Code {}63-2215 and {}50-223. That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-01-012) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this of ,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this of ,2002. day day ATTEST: MAYOR CITY CLERI( 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 ,2002, 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, 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: Z:\Work~XMeridianXaMeridian 153601V~Sundance Sub AZ01-012 PP01-015 CUP01-026LAZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-01-012) 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 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 , 2002, 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, ) County of Ada, ) SS. On this day of , in the year , 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: Z:\WorkkMkMeridiankMeridian 15360MkSundance Sub AZ01-012 PP01-015 CUP01-026\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-01-012 KEVIN E. DINIUS JutlE KLEIN FISCHER WM. E GIGRAY, III D. SAMUEL JOHNSON JILL S. JURRIES LARRY D. MOORE ~Y/ILLIAM A. MORROW ~/ILLIAM E NICHOLS* *ALSO ADMITFED IH OR **ALSO ADMITTED IN WA XX/HITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, EA. ATTORNEYS AT LAW CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R. ~/HITE** NICHOLAS L. WOLLEN 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 February 26, 2002 NAMPA OFFICE CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687-8402 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. O1- of Publication (The McBirney Property Trust) Summary Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for The McBirney Property Trust, 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 ~~Very truly yours, vvm. p. ic ols Z:\Worl6aMVvleridianXNleridian 15360NhSundance Sub AZ01-012 PP01-015 CUP01-026~BergSumOrd022602Ltr.doc NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901 (A) CITY OF MERIDIAN ORDINANCE NO. O1- PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by The McBirney Property Trust, to be known as Sundance Subdivision consisting of 70.72 acres with a zoning designation of R-8 Medium Density Residential; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land located in the SW1/4 of Section 31, Township 4 North, Range 1 East, the SE 1/4 of Section 36, Township 4 North, Range 1 West, and the NW 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; Ada County, Idaho; being more particularly described as follows: Commencing at the southwest corner of the SW i/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, the REAL POINT OF BEGINNING of this description; Thence N 89035'39'' W 25.00 feet to a point on the west right- of-way line of Meridian Road; Thence N 00°50'16'' E 1919.33 feet along said west right-of-way to a point; Thence S 89035'39'' E 1655.04 feet to a point; Thence S 00°50'16" W 1964.33 feet to a point on the south right-of-way line of Ustick Road; Along said south right-of-way; Thence N 89o35'39'' W 538.34 feet to a point; Thence N 00°50'16" E 20.00 feet to a point; Thence N 89035'39'' W 1091.70 feet to a point on the west line of the NW 1/4 of Section 6, Township 3 North, Range ! East, Boise Meridian; Leaving said south right-of-way; Thence N 00°50'16" E 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 74.10 acres, more or less. 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 ,2002. 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:\Work~lXMeridian~Meridian 15360M~Sundance SubAZ01-012 PP01-015 CUP01- 026\SUMANNEXZONGORD.doc z z _,. o0 L2 m OI Zo N MERIDIAN NOO'50'16"IE 1919.33' S00',~0'16"W 1964.33'