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Home My WebLink AboutBaltic Place AZ 01-008JULIE KLEIN FISCHER ~M. F. Glo~a~r, III BRENT JOHNSON D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW ~/ILLIAM F. NICHOLS* · ALSO ADMITTED IN OR "ALSO ADMITTED IN WA WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW CHRISTOPHER S. NYE 200 EAST CARLTON AVENUE, SUITE 31 PHILIP A, P£TERSON POST OFFICE BOX 1150 ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 TODD A, ROSSMAN TEL (208) 288-2499 DAVID M. SWARTLEY TERRENCE R. WHITE** FAX (208) 288-2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-024? TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE August 13, 2001 RECEIVED 1 200I City of Meridian City Clerk Office William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: BALTIC PLACE SUBDIVISION- L.C. DEVELOPMENT, INC. /AZ-01-008 ANNEXATION AND ZONING ORDINANCE (R-40) AND (C-G) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for L.C. DEVELOPMENT, INC. 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 Zoning are adopted. Additionally, ! did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the MIXED/PLANNED USE DEVELOPMENT. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very truly yours, David M. Swartley Z:\Work2vlWleridian~Vleridian 15360M~Baltic PlaceAZ01-008 PPO 1-009 CUP01-015\Clerk on Ord .doc CITY OF MERIDIAN ORDINANCE NO. 01- AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS BALTIC PLACE SUBDIVISION THE LOCATION OF 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 HIGH DENSITY RESIDENTIAL DISTRICT (R-40) AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); 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-01-008) 1 L.C. DEVELOPMENT, FRANI(J_,IN ROAD SUBDIVISION ANNEXATION DESCRIPTION (R-40 AND C-G) A parcel of land located in the NWl/4 of the NE1/4 of Section 18, T.3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 7, 8, 17 and the said Section 18, from which the 1/4 corner common to said Sections 7 and 18 bears South 89°46'13'' West, 2654.29 feet; thence South 89°46'13" West, 132 7.12 feet to the East 1/16 corner common to said Sections 7 and 18 and the REAL POINT OF BEGINNING. Thence along the West boundary of Medimont Subdivision No.'s 1 & 2, as same are recorded in Book 75 of Plats at Page 7794, and Book 79 of Plats at page 8453, respectively, South 00°29'15" West, 1332.09 feet to the southwest corner of said Medimont Subdivision No. 2; thence generally along the bank of the Hunter Lateral North 51°29'39'' West, 132.92 feet; thence 'North 63025' 13" West, 205.41 feet; thence North 61005'52'' West, 203.20 feet; thence departing said bank North 00038'34'' West, 1057.28 feet to a point on the North boundary of said Section 18; thence North 89°46'13'' East, 488.80 feet to the Point of Beginning. Containing 12.99 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-01-008) - 2 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned High Density Residential District (R-40) and General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use 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: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , , and that the uses are to be developed under the planned unit development process and conditional use permit process. 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 plainly and dearly 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 ANNEXATION AND ZONING ORDINANCE (AZ-01-008) - 3 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ,2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ,2001. MAYOR ATTEST: CITY CLERI( ANNEXATION AND ZONING ORDINANCE (AZ-01-008) - 4 STATE OF IDAHO,) : County of Ada. ) SS. On this day of ,2001, before me, the undersigned, a Notary Public in and for said State, personally appeared 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 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:\WorkhMh'Vleridian~/leridian 15360M~altic PlaceAZ01-008 PP01-009 CUP01.015~AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-01-008) - 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 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 , 2001, 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 2001, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., lmown 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:\Work\M\Meridian\Meridian 15360M\Baltic PlaceAZ01-008 PP01-009 CUP01-015\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-01-008) ** TX CONFIRMATION REPORT AS OF AU~ l? '01 09:02 PAGE.O1 CITY OF MERIDIAN DATE TIME TO/FROM 01 08/17 09:00 PUBLIC WORKS MODE MIN/SEC PGS CMD~ STATUS UF--S 01'41"~ 228 OK City of Meridian · · · · City Clerks Office 33 E Idaho Ave. Mefidiap., [rD. 83642 direct line (208) 888-4433 fax number (208) 888-4218 [Fax Cover Sheet I Date: Phone Number: J'gT- Pages including cover: Regarding: ~,b o ~ Z m ~ / ~/~. 1057.28' /; $00°29'15~N 1332.09' 8. ADKINS WAy Z Z N BALT~ PLA