HomeMy WebLinkAboutCherry Ln Chr Church RZ02-003
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEvIN E. D[NlUS
JULIE K1..EIN FISCHER
WM. F. GIGRAY, In
T. GUYHALIAW
D. SAMlTELJOHNSON
WILLIAM A. MORROW
WILLIAMF. NICHOLS""
CHRl5TOPHERS. NYE
PHILIP A. PETERSON
ERrCAS. PHfLLIPS
ERIC S, ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELAJ. TARLOW
TERRENCER. WHITEH
NICHOLAS L. WOLLEN
ATIORNEYS AT LAw
NAMPAOFFICE
5700 E. FRA."lKLIN RD.,
SUITE20a
NAMPA, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
830 N. MAIN STREET, SUITE 200
POST OFFICE Box 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288.2499
FAX (208)288-2501
PLEASE REPLYTO
MERIDIAN OFFICE
... Also admitted in OR
...... Also admitted in
WA
December 6, 2002
RECEIVED
DEe - 6 2002
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
City Of Meridian
City Clerk Office
Re: CHERRY LANE CHRISTIAN CHURCH I REZONE FINDINGS I REZONE
ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE
AND SUMMARY COVER LETTER - RZ-02-003
Dear Will:
Please find 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 of the
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 Findinl!s of Fact and Conclusions of Law and Decision and Order Grantinl!
Application for 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 zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\Meridian\Meridian t5360M\Cherry Lane.Christian Church RZ-02...Q03 CUP-02-021\FFCL and OrdinanceClk120602.doc
CITY OF MERIDIAN
ORDINANCE NO. 02-
AN ORDINANCE FINDING THAT THE OWNER, CHERRY LANE CHRISTIAN
CHURCH, FOR CERTAIN REAL PROPERTY 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-4 (LOW
DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO L-O (LIMITED
OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2
G, 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 are-zone of the zoning classification for the subject Real Property
herein described from R-4 (Low Density Residential) District to L-O
(Limited Office) District as defined under Meridian City Code 9 11-7-2 G;
and
PARCEL A
Lot 2 in Block 1 of Haven Cove No.1 according to the Plat thereof, filed in Book
62 of Plats at Pages 6178 and 6179, records of Ada County, Idaho.
CHERRY LANE CHRISTIAN CHURCH (L-O)
RZ-02-003 I RE-ZONE ORDINANCE
- 1
PARCEL B
A tract ofland situated in the Northeast Quarter of the Northwest Quarter of
Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County,
Idaho, being more particularly described as follows: Commencing at the one-
quarter comer common to Sections 2 and 11, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, from which the Northwest comer of said
Section 11 bears North 89003'40" West 2653.48 feet: thence North 89003'40"
West along the section line common to said Sections 2 and 11 a distance of34.30
feet to the real point of beginning;
Thence North 89003'40" West along said section line 35.70 feet to a point; thence
South 00010' West 528.00 feet to a point; thence North 82040' East 36.01 feet to
a point lying fifty feet westerly ofthe center line of Nine Mile Creek; thence
North 00010' East along a line parallel with and fifty feet from the center line of
said Nine Mile Creek, 522.82 feet to the real point of beginning.
Except that portion conveyed to Ada County Highway District for the public right
of way by deed recorded under Instrument No. 94017576.
PARCEL C
A parcel ofland located in Section 11, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more fully described as follows:
Beginning at the North quarter comer, Section II, Township 3 North, Range 1
West, Boise Meridian, thence rwming North 89003'40" West along the section
line a distance of70.00 feet to the real point of beginning, thence running North
89003'40" West along the section line a distance of348.23 feet to a point; thence
running South 00056'20" West a distance of 40.00 feet to a point; thence running
South 15005' East a distance of 286.46 feet to a point; thence rwming South
27015' East a distance of231.35 feet to a point; thence rwming South 02021' East
a distance of32.77 feet to a point; thence running North 82040' East a distance of
166.85 feet to a point; thence running North 00010' East a distance of 528.00 feet
to the real point of beginning.
Except that portion conveyed to Ada County Highway District for the public right
of way by deed recorded under Instrument No. 94017576.
CHERRY LANE CHRISTIAN CHURCH (L-O)
RZ-02-003 I RE-ZONE ORDINANCE
-2
2. The City of Meridian Plamring and Zoning Commission and City Council
having given notice and conducted all public hearings in accordance with
law and having issued its findings offact and conclusions oflaw 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 1 and 2 of this Ordinance.
SECTION 2. That the above-described Property be, and the same is hereby re-zoned and
designed (L-O) 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.
CHERRY LANE CHRISTIAN CHURCH (L-O)
RZ-02-003 I RE-ZONE ORDINANCE
-3
Mayor
ATTEST:
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:
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.
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
(SEAL)
Z:\Work~eridian\Meridian 15360M\Cherry Lane Christian Church RZ-02.003 CUP-02-027\RZOrdinance.doc
CHERRY LANE CHRISTIAN CHURCH (L-O)
RZ-02-003 I 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 of the 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 ofthe 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:
Z:\Work\M\Meridian\Meridian 15360M\Cherry Lane Cluistian Church RZ-02-003 CUP-02-027\CertificationOfClerkRZOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - I
RZ-02-003
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINfUS
JULIE KLEIN FISCHER
WM. F. GrGRAY, Iu
T. GUY HALLAM'"
D. SAMUEL JOHNSON
LARRy D. MOORE
WILLIAM A. MORROW
WILUAMF. NICHOLS'"
OQl..ISTOPHBR S. NYE
PHlLlP A. PaTERSON
ERICA S. PHP..LIPS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVlDM. SWAR1UN
PAMElAJ. TARLOW
TERRENCE R. WHrm"'.
NIOlOLAS L WOLLEN
ATTORNEYS AT LAw
NAMPA OFFICE
5700 E. FRANKLINRn.,
SUITE 200
N~^,lDAH083~3~402
TEL. (208) 466-9272
FAX (208) 4664405
830 E. FIRST STREET, SUIT. ZOO
POST OFFICE Box 1150
MERlDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
PLEASE REPLY TO
MERIDIAN OFFICE
"'Also admitted in OR
.. Also admitted in W A
December 6, 2002
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re:
Ordinance No. 02-
Pnblication
, (Cherry Lane Christian Church) Summary of
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization ofthe ordinance providing for rezoning ordinance for the City of Meridian, 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 pTovisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions ofIdaho Code 9 50-901(A).
Very truly yours,
Wm. F. Nichols
Enclosure
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NOTICE AND PUBLISHED SUMMARY
ORDINANCE PURSUANT TO I.C. ~ 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 Cherry Lane
Christian Church, that is known as Cherry Lane Christian Church consisting of 4 acres
with a zoning designation of L-O Limited Office; and to provide for effect of invalidity;
providing that all ordinances and resolutions in conflict are repealed and rescinded; and
providing an effective date.
Legal Description
PARCEL A
Lot 2 in Block 1 of Haven Cove No.1 according to.the Plat thereof, filed
in Book 62 of Plats at Pages 6178 and 6179, records of Ada County,
Idaho.
PARCEL B
A tract of land situated in the Northeast Quarter of the Northwest Quarter
of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, being more particularly described as follows:
Commencing at the one-quarter comer common to Sections 2 and 11,
Township 3 North, Range I West, Boise Meridian, Ada County, Idaho,
from which the Northwest comer of said Section 11 bears North
89003'40" West 2653.48 feet: thence North 89003'40" West along the
section line common to said Sections 2 and 11 a distance of 34.30 feet to
the real point of beginning;
Thence North 89003'40" West along said section line 35.70 feet to a point;
thence South 00010' West 528.00 feet to a point; thence North 82040' East
36.01 feet to a point lying fifty feet westerly of the center line of Nine
Mile Creek; thence North 00010' East along a line parallel with and fifty
feet from the center line of said Nine Mile Creek, 522.82 feet to the real
point of beginning.
Except that portion conveyed to Ada County Highway District for the
public right of way by deed recorded under Instrument No. 94017576.
PARCEL C
A parcel ofland located in Section 11, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more fully described as follows:
Beginning at the North quarter comer, Section 11, Township 3 North,
Range 1 West, Boise Meridian, thence running North 89003'40" West
along the section line a distance of70.00 feet to the real point of
beginning, thence running North 89003'40" West along the section line a
distance of348.23 feet to a point; thence running South 00056'20" West a
distance of 40.00 feet to a point; thence running South 15005' East a
distance of286.46 feet to a point; thence running South 27015' East a
distance of231.35 feet to a point; thence running South 02021' East a
distance of32.77 feetto a point; thence running North 82040' East a
distance of 166.85 feet to a point; thence running North 00010' East a
distance of 528.00 feet to the real point of beginning.
Except that portion conveyed to Ada County Highway District for the
public right of way by deed recorded under Instrument No. 94017576.
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\M:\Meridian\Meridian 15360M\Cherry Lane Christian Church RZ-02-o03 CUP-02-027\SUMANNEXZONGORD.doc