HomeMy WebLinkAboutMurdoch Sub No 2 RZ 02-004
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEvIN E. DINIUS
JULIE: KLEIN F[SCHER
WM. F. GtGRAY, III
T. GUY HALL\M"
D. SAMUELJOHNSON
WILUAMA. MORROW
WILLlAMF. NICHOLS*
CHRISTOPHERS. NYE
PHIUP A. PIITERSON
ERICA S. PHlLUPS
ERIC S. ROSSMk'<
TODD A. RoSSMAN
DAVlOM. SWARTLEY
PAMELAJ. TAR10W
TER:R.L.~CER. WHI1"E"'*
NleHOUS L WOLLEN
ATIORNEYS AT LAw
NAMPAOFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMPA, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
830 N. MAIN STREET. SJm 200
POST OFFICE Box 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288.2499
FAX (108) 288.2501
PLEASE REPLYTO
MERIDIAN OFFICE
+ Also admitted in OR
... Also admitted in
WA
December 6, 2002
RECEIVED
DEe - 9 2002
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642 .
Re: JOHN FLAHERTY CONSTRUCTION, INC., STURGEON ROCK LAND GROUP, LLC,
AND HOWELL-MURDOCH DEVELOPMENT CORPORATION I REZONE FINDINGS I
REZONE ORDINANCE & CERTIFICATION OF CLERK I SUMMARY RZ ORDIANCE
and SUMMARY COVER LETTER I RZ-02-004
City Of Meridian
City Clerk Office
Dear Will:
Please fmd enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as
per instructions from the Council meeting of December 3,2002, and which are on the agenda for
December 17,2002.
Also, please find enclosed the above Rezone Ordinance and the Certification ofthe
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
be passed until the Findines of Fact and Conclusions of Law and Decision and Order Grantinl!
Application for Rezone are adopted. Additionally, I have enclosed a Sununary Ordinance and the
cover letter, which Sununary 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,
Wm. F. Nichols
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CITY OF MERIDIAN
ORDINANCE NO. 02-
AN ORDINANCE FINDING THAT THE OWNERS, JOHN FLAHERTY
CONSTRUCTION, INC., STURGEON ROCK LAND GROUP, LLC, AND HOWELL-
MURDOCH DEVELOPMENT CORPORATION, FOR CERTAIN REAL PROPERTY
HAVE 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 CoG (GENERAL RETAIL AND SERVICE
COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION
11-7-2 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 8.2 acres (10.93 acres
including roadways and easements) 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 defmed under
Meridian City Code 9 11-7-2 K; and
A parcel ofland being part of the North Yo of the Southeast Y. of the Northeast Y.
of Section 18, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly
described as follows:
MURDOCH SUBDIVISION NO.2 (C-G)
RZ-02-004 / RE-ZONE ORDINANCE
- I
Commencing at a found 5/8" Iron Pin marking the Northwest comer of the
Southeast 14 of the Northeast 14 of Section 18, the POINT OF BEGINNING;
thence along said Northerly boundary of the Southeast 14 of the Northeast 14 of
Section 18, North 89039'40" East, 1,326.53 feet to a point on the center line of
Locust Grove Road, which is also the Easterly boundary of Section 18;
thence along said center line and boundary, South 00031 '15" West, 664.63 feet to
the Southeast comer of the North Y, of the Southeast 14 of the Northeast 14 of said
Section 18;
thence along said boundary, South 89036'07" West, 316.10 feet to a found iron
pin marking the Southeast comer of Lot 8, Block 2, of Murdoch Subdivision No.
2, as recorded in the Plat Book 85, page 9158 of the Ada County, Idaho records;
thence along the Easterly boundary of Lot 8, North 0003 I ' I 5" East, 40 1.87 feet to
the Northwest comer thereof;
thence along the Southerly right-of-way of East Watertower Street, South
89039'40" West, 1,010.31 feet to the Northwest comer of Lot 8;
thence North 00029'39" East, 263.09 feet to the POINT OF BEGINNING.
Said parcel contains 475,901.15 square feet (10.93 acres), more or less.
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 I and 2 of this Ordinance.
MURDOCH SUBDIVISION NO.2 (C-G)
RZ-02-0041 RE-ZONE ORDINANCE
-2
SECTION 2. That the above-described Property be, and the same is hereby re-zoned and
designed (C-G) Limited Office 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 , 2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2002.
Mayor
ATTEST:
City Clerk
First Reading:
Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code
50-902 Yes: No:
Second Reading:
Third Reading:
MURDOCH SUBDNISION NO.2 (C-G)
RZ-02-004 / RE-ZONE ORDINANCE
-3
STATE OF IDAHO, )
ss.
County of Ada. )
~~ ~~ ,W~
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:
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MURDOCH SUBDIVISION NO.2 (C-G)
RZ-02-0041 RE-ZONE ORDINANCE
-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 ofthe State ofIdaho
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, )
: ss.
County of Ada, )
On this day of , in the year 2002, 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:
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CERTIFICATION OF THE CITY CLERK - RZ-02-004
1
WroTE PETERSON
WlllTE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEvIN E. DINrus
Jum:KIBN.F'lscRE:R
WM.F.GKmAY,I1I
T. GuvHAu.AM'"
D. SAMUEL JOHNSON
LARRYD. MooRE
WlwAMA MORROW
W:lJ..UAMF. NICHOLS'"
CHrosTOPHER S. NYE
PHiLn> A PETERSON
ERICAR P8IWPs
BlUe S. ROSSMAN
TODD A ROS5MAN
DAVID M SWARnE\"
PAMELA J. T.MU.OW
1'ERRENcER WHiTE"'.
NICHQLASL. WOllEN"
ATtORNEYS AT LAw
NAMPAOFFICE
5700B. F'RANKUN RD.,
Surm 200
NAMPA, IDAHO 83653..8402
TEL. (208) 466-9272
FAX (208) 466-4405
830 E. FIRST STREET, surrn 200
PoST OFFICE Box 1150
MERIDIAN, IDAHO 83680-1150
TIlL (208)288-2499
FAX (208)288-2501
PlEASE RBPL Y TO
MERIDIAN OFFICE
"'Also admitted in OR
""'AlsoadrnittedinWA
December 6, 2002
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 02- , (John Flaherty Construction, Inc., Sturgeon
Rock Land Group, LLC, and Howell-Murdoch Development Corporation)
Summary of Publication
Dear Wtll:
Pursuant to the direction of the Meridian City COIfficil, this office has prepared a
summarization of the ordinance providing for rezoning ordinance for John Flaherty Construction,
Inc., Sturgeon Rock Land Group, LLC, and Howell-Murdoch Development Corporation, 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 ofIdaho Code 950-901(A).
Enclosure
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NOTICE AND PUBLISHED SUMMARY
ORDINANCE PURSUANT TO LC. ~ 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 Flaherty
Construction, Inc., Sturgeon Rock Land Group, LLC, and Howell-Murdoch Development
Corporation, that is known as Murdoch Subdivision No.2 consisting of8.2 acres (10.93
acres including roadways and easements) with a wning designation of CoG General
Retail and Service Commercial; and to provide for effect of invalidity; providing that all
ordinances and resolutions in conflict are repealed and rescinded; and providing an
effective date.
Leaal Description
A parcel ofland being part of the North Y:, of the Southeast '/4 ofthe
Northeast Yo of Section 18, T.3N., R. IE., B.M., Ada County, Idaho, and
more particularly described as follows:
Commencing at a found 5/8" Iron Pin marking the Northwest comer of the
Southeast Yo of the Northeast Yo of Section 18, the POINT OF
BEGINNING;
thence along said Northerly boundary of the Southeast V. of the Northeast
V. of SectiOn 18, North 89039'40" East, 1,326.53 feet to a point on the
center line of Locust Grove Road, which is also the Easterly boundary of
Section 18;
thence along said center line and boundary, South 00031' 15" West, 664.63
feet to the Southeast comer of the North Y:, of the Southeast V. ofthe
Northeast Yo of said Section 18;
thence along said boundary, South 89"36'07" West, 316.10 feet to a found
iron pin marking the Southeast corner of Lot 8, Block 2, of Murdoch
Subdivision No.2, as recorded in the Plat Book 85, page 9158 ofthe Ada
County, Idaho records;
thence along the Easterly boundary of Lot 8, North 00031'15" East,
401.87 feet to the Northwest comer thereof;
thence along the Southerly right-of-way of East Watertower Street, South
89039'40" West, 1,010.31 feet to the Northwest comer of Lot 8;
thence North 00029'39" East, 263.09 feet to the POINT OF BEGINNING.
RZ-02-004
Said parcel contains 475,901.15 square feet (10.93 acres), more orless.
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:
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RZ-02-004