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Home My WebLink AboutAngel Park RZ 02-005 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, RoSSMAN, NYE & ROSSMAN, P.A. KEvIN E. DINIUS JULIE KLEIN FœCHER WM. F. GIGRAY. III T. GUY IiALWf" D. SAMUELJOHNSON WILLIAM A. MORROW WILLIAMF. NICHOLS" CHRISrOPHERS. NYE PHILIP A. FIITERSON ERICAS. PHILLIPS ERlcS. ROSSMAN TooDA. ROSSMAN DAVIDM.SWARTLEY PAMELAJ. TARLOW TERRENCER. WHITE- NICHOi.ASL. WOLLEN ATIORNEYS AT LAw NAMPAOFFICE 5700 E. FRANKl.INRD.. SUITE 200 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 . Also admi~ed in OR - Also admitted in WA Tel (208) 288-2499 FAX (208) 288-2501 PLEAsE REPLYTO MERIDIAN OFFICE January 7, 2003 RECEIVED JAN - 8 2003 Cjty OfMeridi Clty Clerk om: William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 FARMERS & MERCHANTS STATE BANK/REZONE FINDINGS/REZONE ORDINANCE & CERTIFICATION OF CLERK / SUMMARY RZ ORDIANCE and SUMMARY COVER LETTER / RZ-O2-005 Dear Will: Re: 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 17, 2002, and which are on the agenda for January 14, 2003. 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 Findine:s of Fact and Conclusions of Law and Decision and Order Grantine: Aoolication for Rezone are adopted. Additionally, I have enclosed a Summary 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 Z:\Work\M\MeridianlMeridian 15360MlAngel Park Development RZO2-005IFFCLand OrdinanceClkOJO703.doc CITY OF MERIDIAN . ORDINANCE NO. 03-- AN ORDINANCE FINDING THAT THE OWNER, FARMERS & MERCHANTS STATE BANK, 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 L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT TO C-G (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 acre has made a written request for are-zone ofthe zoning classification for the subject Real Property herein described from L-O (Limited Office) District to CoG (General Retail and Service Commercial) District as defined under Meridian City Code § 11-7-2 K; and Lot 2. Block 1 of Ane:el Park Develooment Subdivision and portions of North Hickory Way and East Fairview Avenue - (Said lee:al description includes the adjacent rieht-of-wav which is beine: rezoned ANGEL PARK DEVELOPMENT (C-G) RZ-02-005 / RE-ZONE ORDINANCE -1 also. with a total acreae:e of 1.39 acres.) A parcel ofland being a portion of North Hickory Way, a portion of East Fairview Avenue and all of Lot 2, Block 1 of Angel Park Development Subdivision, according to the plat thereof, filed in Book 73 of Plats at Pages 7551 and 7552, records of Ada County, said parcel located in the SW y" of the SE y" of Section 5, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho is described by metes and bounds as follows: Commencing at the Southwest Comer of the SW y" of the SE y" of said Section 5 from which the Southeast comer of said Section 5 bears South 89°48'53" East 2644.16 feet; thence North 0°27'14" East 55.14 feet along the center Section line of said Section 5 to a point on the North Right-of- Way line of East Fairview Avenue; thence along said North Right-of-Way line South 89°32'34" East 661.11 feet to the Southwest comer of said Lot 2 being the POINT OF BEGINNING; thence along the west boundary of said Lot 2, North 00°29'33" East 227.62 feet; thence leaving said west boundary North 30°03'44" East 30.00 feet to the centerline of said North Hickory Way; thence following said centerline the next four courses Along a curve to the left 1 0.95 feet, said curve having a radius of 180.00 feet, a delta angle of3°29'12" and a chord bearing and distance of South 61 °41 '24" East 10.95 feet; thence South 63°25'58" East 136.49 feet; thence Along a curve to the right 200.58 feet, said curve having a radius of 180.00 feet, a delta angle of 63°50' 44" and a chord bearing and distance of South 31 °30'36" East 190.36 feet; thence South 00°24'45" West 80.87 feet to the centerline of said East Fairview Avenue; thence following said centerline of East Fairview Avenue the next two courses; North 89°35'05" West 214.93 feet; thence North 89°32'34" West 33.12 feet; thence leaving said centerline North 00°27'26" East 54.00 feet to the POINT OF BEGINNING. Said parcel contains 60,550 square feet or 1.39 acres, more or less. ANGEL PARK DEVELOPMENT (C-G) RZ-O2-005 / RE-ZONE ORDINANCE -2 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. of this Ordinance. 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 ,2003. ANGEL PARK DEVELOP:MENT (C-G) RZ-O2-00S / RE-ZONE ORDINANCE -3 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. 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. On this day of , 2003, 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 COl\ß1ISSION EXPIRES:- Z:\WorkIMlMeridianlMeridian 1 5360MlAngel Park Development RZO2-005IRZOrdinance.doc ANGEL PARK DEVELOPMENT (C-G) RZ-O2-005 / 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. 03- , passed by the City Council of the City of Meridian, on the day of ,2003, 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 2003, before me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe 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:\WorklMlMeridianlMeridian 15360MlAngel Park Deveiopment RZO2-OO5\CertificanonOfC1erkRZOrd.doc CERTIFICATION OF THE CITY CLERK - RZ-O2-004 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVlNE.DINIUS JULœKLEINFlsCHBR WM. F. GJGRAY. In T. GUYHAL!.AM' D. SAMUEL JOHNSON LARRvD. MOORe WDLIAM A. MORROW WD.LIAMF. NICHO"" CHRœTOPHERS. NYE PHILIP A. PE"",ON ERJCA S. PHDLIPS ERIC S. ROSSMAN TOOD A. ROSSMAN DAVIOM. SWARTLEY PAMeLAJ. TARLOW TERRENCER. WHITE" NICHOLASL WOLLEN ATTORNEYS AT LAw NAMP A OFFICE 570n E. FRANKLINRo., SUITE 200 NAMPA.IDAHO 83653-8402 TEL (208) 466.9272 FAX (208) 466-4405 830 E. FJRST STREET, SUITE 200 POST OFFICE Box 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (2DB) 288-2501 PLEASE REPLY TO MERJDIAN OFFICE 'A""dmilt<d;o OR "Als"dmilt<dinWA January 7,2003 RECEIVED JAN - 8 2003 qty Of Meridian CIty Clerk Office William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03---, (Farmers & Merchants State Bank) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for rezoning ordinance for Farmers & Merchants State Bank, pursuant to the City's action. I do hereby advise the City, and make this statement, that said sununary is true and complete and provides adequate notice to the public ofthe provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code § 50-901(A). Very truly yours, Wm. F. Nichols Enclosure Z,IWorklMlMEridianlMeridian 15360MlAngei Park Development RZ02-00S\BergSumOrdO1O703Ltr.doc NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03-- PROVIDING FOR A REZONING ORDINANCE An Ordinance ofthe City of Meridian granting rezoning for land owned by Farmers & Merchants State Bank, that is known as Angel Park Subdivision consisting of .8 acre, and said legal description includes the adjacent right-of-way which is being rezoned also for a total acreage of 1.39 acres, commonly associated with a street address of 2680 East Fairview Avenue, Meridian, Idaho, with a zoning designation ofC-G 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. Legal Descriotion Lot 2. Block 1 of Ane:el Park Develooment Subdivision and portions of North Hickorv Wav and East Fairview Avenue- (Said lee:al description includes the adiacent right-of-wav which is beiue: rezoued also. with a total acreae:e of 1.39 acres.) A parcel ofland being a portion of North Hickory Way, a portion of East Fairview Avenue and all of Lot 2, Block 1 of Angel Park Development Subdivision, according to the plat thereof, filed in Book 73 of Plats at Pages 7551 and 7552, records of Ada County, said parcel located in the SW II. of the SE II. of Section 5, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho is described by metes and bounds as follows: Commencing at the Southwest Comer of the SW II. of the SE II. of said Section 5 from which the Southeast comer of said Section 5 bears South 89°48'53" East 2644.16 feet; thence North 0°27'14" East 55.14 feet along the center Section line of said Section 5 to a point on the North Right-of-Way line of East Fairview Avenue; thence along said North Right-of-Way line South 89°32'34" East 661.11 feet to the Southwest comer of said Lot 2 being the POINT OF BEGINNING; thence along the west boundary of said Lot 2, North 00°29'33" East 227.62 feet; thence leaving said west boundary North 30°03'44" East 30.00 feet to the centerline of said North Hickory Way; thence following said centerline the next four courses Along a curve to the left 10.95 feet, said curve having a radius of 180.00 feet, a delta angle of3°29'12" and a chord bearing and distance of South 61041 '24" East 10.95 feet; thence RZ-02-005 South 63°25'58" East 136.49 feet; thence Along a curve to the right 200.58 feet, said curve having a radius of 180.00 feet, a delta angle of 63°50'44" and a chord bearing and distance of South 31 °30'36" East 190.36 feet; thence South 00°24'45" West 80.87 feet to the centerline of said East Fairview Avenue; thence following said centerline of East Fairview Avenue the next two courses; North 89°35'05" West 214.93 feet; thence North 89°32'34" West 33.12 feet; thence leaving said centerline North 00°27'26" East 54.00 feet to the POINT OF BEGINNING. Said parcel contains 60,550 square feet or 1.39 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 ,2003. City of Meridian Mayor and City Council By: William G. Berg, Jr., 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: Z,IWork\M\MeridianlMeridian 15360MlAngel Park Deveiopment RZO2-005ISUMANNEXZONGORD.doc RZ-02-005