HomeMy WebLinkAboutCedar Springs AZ OrdinanceECOROEO-RE U OF
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2002A14 P'13:24 102067380
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CITY OF MERIDIAN
ORDINANCENO.
AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE LESLIE FAMILY
TRUST AND MOORE FAMILY TRUST AND TO BE KNOWN AS CEDAR SPRINGS
SUBDIVISION LOCATED NORTHWEST OF N. MERIDIAN ROAD AND WEST USTICK
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 LOW DENSITY RESIDENTIAL DISTRICT (R-4); 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, TREASURERAND
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 i. 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:
A parcel of land being a portion of the SE 1/4, Section 36, T.4N., R.1W., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Beginning at a found 1/2" iron pin marking the Southwest corner of said SE 1/4, Section
36 (South 1/4 corner), THE REAL POINT OF BEGINNING;
ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 1
thence South 89°19'43" East 462.63 feet (formerly South 89020'51" East), along the
Southerly line of said SE 1/4, Section 36, and along the center line of Ustick Road, to a
set 5/8" iron pin and cap marking the most Southwesterly corner of those lands
excepted from Parcel 1, as it is described in Quitclaim Deed Instrument No.
99123670, Records of Ada County, Idaho, from which corner a found 3-1/4" Ada
County Engineer Aluminum Cap, monumenting the Southeast corner of said Section
36 bears South 89°19'43" East, 2,199.57 feet, as shown on that certain Record of
Survey No. 4958, recorded April 21, 2000, as Instrument No. 100030102, Records of
Ada County, Idaho;
thence leaving said Southerly line and said center line North 0O°28'24" East, 258.01
feet along the Southerly extension of a an existing North-South fence line, to a slight
angle point in said fence line;
thence North of°18'10" East, 105.78 feet along said fence line;
thence North 01'59'18" East, 79.41 feet to an angle point in said fence;
thence South 88°35'37' East, 4.11 feet along an East-West fence line to a found 5/8
inch iron pin and cap PLS 8248, being an angle point in the Westerly boundary of
said excepted lands from Parcel 1 of Instrument No. 99123670;
thence continuing South 88°35'37" East, 129.61 feet along a jog in said Westerly
boundary of those excepted lands, to a found 1/2" iron pin;
thence North 01'25'10" East, 886.69 feet (formerly North 01024'08" East, 886.62
feet), along said Westerly line of those excepted lands, to a set 5/8" iron pin and cap,
marking the Northwest corner of said excepted lands, being a point on the Southerly
line of the N 1/2, SE 1/4, Section 36, from which point a found 1/2" iron pin marking the
SE 1/16 corner of said Section 36, bears South 89014'39" East, 52.99 feet (formerly
South 89015'45" East);
thence South 89014'39" East, 1,596.37 feet (formerly South 89°15'45" East, 1,596.29
feet), along said Southerly line, to a found 5/8" iron pin marking the Northeast corner
of a parcel of land, as it is described in Book 181 of Deeds at page 67, Records of Ada
County, Idaho;
thence South 0O°51'23" West, 200.59 feet (formerly South 0O050'16" West), to a
found 5/8" iron pin marking the Southeast corner of said parcel of land Book 181,
page 67;
thence South 89°10'45" East, 435.10 feet (formerly South 89012'23" East, 435.18
feet), to a found 5/8" iron pin marking a point on the Westerly right-of-way of
Meridian Road;
ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 2
• 0
thence continuing South 89°10'45" East, 25.00 feet to a point on the Easterly line of
said SE1/4, Section 36, also being the centerline of Meridian Road;
thence North 00051'23" East, 1,526.16 feet (formerly North 00°50'16" East) along said
Easterly line and said centerline, to a found 5/8" iron pin and cap marking the NE
corner of said SE 1/4, Section 36 (East 1/4 corner);
thence North 89009'38" West, 25.00 feet (formerly North 89010'42" West) along the
Northerly line of said SE 1/4, Section 36 to a set 5/8" iron pin and cap on said Westerly
right-of-way of Meridian Road;
thence continuing North 89009'38" West, 2,655.40 feet along said Northerly line, to
the Northwest corner of said SE 1/4, Section 36 (Center 1/4 corner), from which corner
a set 5/8" iron pin and cap (a witness corner), bears South 00027'49" West, 15.00
feet;
thence South 00°27'49" West, 2,657.96 feet (formerly South 00026'40" West), along
the Westerly line of said SE 1/4, Section 36 to the REAL POINT OF BEGINNING;
Containing an area of 100.71 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.
SECTION 3: That the real property herein by this ordinance annexed
to the City of Meridian hereinabove described shall be zoned Low Density Residential
District (R-4).
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: All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 3
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 (1o)
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.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, thisday of
SZ G�� , 2002.
A
CITY CLERK v
First Reading:
Adopted after first reading
Code 50-902 Yes:_
Second Reading: --
Third Reading: --
STATE OF IDAHO,)
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ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 4
County of Ada. )
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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.
(SFAs,) ••'pN 3 �`••
NOTARY PUBLIC FOR IDAHO
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ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 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. D2 — 95 Z-,
passed by the City Council of the City of Meridian, on the 4 fl day of sTu h e_ ,
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.
SEAL ' WILLIAM G. BERG, JR.
STATE OF IDAHQ90�
ss.
County of Ada, )
On this day of UNUL , 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.
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S�wA�rn
Notary Public for Idaho
Commission Expires: — Zg -OS
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ -00-019
ADA COUNTY RECORDER J. DAVID 4kRRO AMOUNT .00 i
BOISE IDAHO 01/13/05 11:08 AM
DEPUTY Bonnie llig III IIIIIIillllllllllllllllllllll I I III
RECORDED -REQUEST
OF
Meridian City 105004850
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (RZ-04-014 AKA CEDAR SPRINGS PLACE SUBDIVISION)
FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS
ORDINANCE AND RE -ZONING CERTAIN LANDS AND TERRITORY,
SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE
LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY PLANTATION
PLACE, LLP.; AND RE -ZONING THE LAND USE ZONING CLASSIFICATION
OF SAID LANDS FROM R-4 TO R-15 (HIGH DENSITY — MULTI FAMILY) IN
THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS
ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE
ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION,
AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE
ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal
Description herein incorporated be reference as Exhibit "A" is within the corporate limits of the
City of Meridian, Idaho, and that the City of Meridian has received a written request for re-
zoning by the owner of said property, to -wit: Howell -Murdock Development
SECTION 2. That the above-described real property is hereby re -zoned from R-4
(Medium Density) to R-15 (High Density — multi family) in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and
the Ordinances of the City of Meridian to re -zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to
the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said
property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, and all official maps depicting the boundaries and the zoning
districts of the City of Meridian in accordance with this ordinance.
RE -ZONE OF RZ-04-014 CEDAR SPRINGS PLACE SUBDIVISION - Page 1 of 3
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
days following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner, including the lands herein rezoned, 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.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
—6�= day of V 4_71 i� , 2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of V` , 2005.
de WEERD
ATTEST:
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Ile_ SEAL
CITY CLERK
�., 40
RE -ZONE OF RZ-04-014 CEDAR SPRI E SUBDIVISION - Page 2 of 3
0 •
STATE OF IDAHO, )
) ss.
County of Ada )
On this11- day of V h u.a-1, 2005, before me, the undersigned, a Notary Public
in and for said State, personally app ared TAMMY de WEERD and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, 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.
L. s •4.
(SEAL) •��.01��� ..••'•••..�t?,'•.,'.
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GARY PUBLIC FOR IDAHO
IDING AT: ee l d i a n
COMMISSION EXPIRES: oqLoZol
RE -ZONE OF RZ-04-014 CEDAR SPRINGS PLACE SUBDIVISION - Page 3 of 3
Engineers Surveyors Planners
Project: 10-04-087
Date: August 24, 2004
Exhi bi+ `A' �
ASSISTED LIVING REZONE BOUNDARY DESCRIPTION
A parcel of land being a portion of the South Y2 of Section 36, T.4N., RAW., B.M., Meridian, Ada County,
Idaho, and being more particularly described as follows:
Commencing at an aluminum cap marking the Southeast corner of said Section 36; thence along the
Easterly boundary of said Section 36, North 00°51'23" East, 1,123.91 feet to a point; thence leaving the Easterly
boundary of said Section 36, North 89°08'37" West, 35.00 feet to a point marking the Southeast corner of Cedar
Springs Subdivision No. 2, as shown on the Official Plat thereof recorded in Book 86 of Plats at pages 9732 thru
9734 in the records of Ada County, Idaho; thence along the Southerly boundary of said subdivision North 89010'45"
West, 35.00 feet to the POINT OF BEGINNING;
thence leaving the boundary of said subdivision the following courses and distances:
North 89° 10'45" West, 390.10 feet;
North 00°51'23" East, 200.59 feet to a point on the Southerly boundary of said Cedar Springs
Subdivision No. 2;
thence along the boundary of said subdivision the following courses and distances:
North 19'38'54" West, 47.85 feet;
North 70°21'06" East, 30.36 feet to a point on a tangent curve;
along said curve to the right 99.71 feet, having a radius of 280.00 feet, a central angle of
20°24'15", tangents of 50.39 feet, and a long chord of 99.19 feet which bears North 80°33'13"
East to a point of tangency;
South 89' 14'50" East, 56.89 feet;
South 83'05'50" East, 50.29 feet;
South 86°21'50" East, 131.71 feet;
South 89'14'39" East, 22.34 feet;
South 44° 11'38" East, 28.31 feet;
South 00°51'23" West, 241.99 feet to the POINT OF BEGINNING.
Said parcel contains 2.40 acres, more or less
END OF DESCRIPTION
Prepared by:
J -U -B ENGINEERS, Inc.
Gary A. Lee, P.E./L.S.
Meridian Public
Works Dept,
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•
CEDAR
S.W. CORNER OF
MERIDIAN
SPRINGS
MERIDIAN RD.
PLACE
& W. ASHBY
IDAHO
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SEP 2 4 20041
Meridian Public
Works Dept.
Ordinance Distribution Check Off Sheet for Ordinance
No. OZ -g52 Project File: eeda� :cgs
Once recorded all ordinances are distributed to:
q
Applicant
City Engineer
[
City Planner
City Attorney
City Treasurer
V
State Tax Commission
C
County Auditor
County Treasurer
County Assessor
Robert Campbell at COMPASS
Sterling Codifiers
V
Clerks Office:
` Copy to Project File
r
Scan into Laserfiche
Total: 13 copies for Distribution
Copy to Ordinance Book
Original to Minute Book
•
May 31, 2002
AZ 00-019
MERIDIAN CITY COUNCIL MEETING June 4, 2002
APPLICANT Kevin Howell Development ITEM NO.
REQUEST Ordinance No. : Request for Annexation and Zoning of 100.71 acres
from RUT to R-4 zones for Revised Cedar Springs -- northwest corner of North Meridian Road and
West Ustick Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
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 Attached Ordinance
Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian. W/ r
May 31, 2002
AZ 00-019
MERIDIAN CITY COUNCIL MEETING June 4, 2002
APPLICANT Kevin Howell Development ITEM NO.
REQUEST Development Agreement: Request for Annexation and Zoning of 100.71 acres from
RUT to R-4 zones for Revised Cedar Springs -- northwest corner of North Meridian Road and
West Ustick Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
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:
COMMENTS
See Attached Copy of Development Agreemt
Contacted: 6 LLA \ ," Date: S- 3( -0'Z Phone: -3---2& - -733a
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Robert D. Corrie
.�
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�y - ^ %; ;, �
LEGAL DEPAM
RTENT
(208) 288-2499 •Fax 288-2501
CITY COUNCIL MEMBERS
CITY OF 1�����' ' �
Y -jib ``
PARKS & RECREATION
Tammy deWeerd
10�4,Oy /� `i
c ldiL
(208 888-3579 - Fax 898-5501
William L. M. Nary
in `;
IDAHO
PUBLIC WORKS
(208) 898-5500 -Fax 887-1297
Cherie McCandless
tiT
BUILDING DEPARTMENT
Keith Bird/
rFa
(208) 887-2211 • Fax 887-1297
k siNce
. 1903
PLANNING AND ZONING
(208) 8845533 • Fax 888-6854
June 18, 2002
Re: Cedar Springs Subdivision AZ 00-019
Ordinance No. 02-952
Dear Applicant or Agency,
Enclosed you will find a copy of the recorded ordinance as noted above. Please feel
free to contact our office if you have any questions.
Sincerely,
Sharon Smith
Deputy City Clerk
Enc.
33 EAST IDAHO • MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723
Meridian City Council Meeting • •
June 4, 2002
Page 28 of 66
Item 12: Closed Public Hearing Tabled from May 21, 2002: PP 02-002 Request
for Preliminary Plat approval of 19 building lots and 2 other lots on 3.84
acres in a proposed R-8 zone for proposed Amberstone Subdivision by
Jim Jewett — south of West Cherry Lane and south of North Summertree
Way:
Bird: Mr. Mayor?
Corrie: Number 12. Mr. Bird.
Bird: I'd move that we continue the closed Public Hearing table from May 21st, 2002,
for the request for preliminary plat approval on Amberstone Subdivision to June 18th,
2002,
Nary: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing
none, all those in favor of the motion say aye. Opposed no. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 13: Ordinance No. • AZ 00-019 Request for annexation
and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar
Springs by Kevin Howell Development — northwest corner of North
Meridian Road and West Ustick Road:
Corrie: Item Number 13 is an ordinance -- Mr. --
Berg: Sorry, Mayor. 02-952.
Corrie: Okay. Ordinance No. 02-952, request for annexation and zoning of 100.71
acres from RUT to R-4 zone for Revised Cedar Springs by Kevin Howell Development,
northwest corner of North Meridian Road and Ustick Road. At this time I'd like to have
Ordinance No. 02-952 read by Title only at this time by the City Clerk.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-952. An
Ordinance finding that certain land owned the Leslie Family Trust and the Moore Family
Trust, to be known as Cedar Springs Subdivision, located northwest of North Meridian
Road and West Ustick 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 Low Density Residential District, R-4,
declaring that said land by proper legal description 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 map of the City of Meridian, Idaho, and directing the Clerk of the City of
Meridian City Council Meeting
June 4, 2002
Page 29 of 66
Meridian to final a certified copy of the Ordinance and map of the area to be annexed to
the Ada County Recorder, Auditor, Treasurer and the Assessor and the State Tax
Commission, State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-
2215.
Corrie: Is there anyone in the audience that would like to have the Ordinance read in its
entirety? Hearing none, Council, I will entertain a motion on Ordinance No. 02-952.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I move the approval of Ordinance No. 02-952, the request for annexation and
zoning 100.71 acres from RUT to an R-4 zone for the Revised Cedar Springs by Kevin
Howell Development, northwest corner of North Meridian Road and West Ustick Road,
with the suspension of rules, pursuant to the Idaho Code.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing
none, Roll Call vote, Mr. Berg.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion approved on Ordinance No. 02-952.
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: CUP 02-008 Request for a Conditional Use Permit for a
drive-thru window and drive-thru lane at an existing Moxie Java coffee
shop by Avest Limited Partnership — 1800 North Locust Grove Road:
Corrie: Item No. 14 is a Public Hearing. This is CUP 02-008, request for a Conditional
Use Permit for a drive-thru window and drive-thru lane at an existing Moxie Java coffee
shop by Avest Limited Partnership, 1800 North Locust Grove Road. At this time I will
open the Public Hearing, staff comments first.
Stiles: Mr. Mayor and Council, we have reviewed this application and I think after three
times we finally agree on a workable layout for this drive-thru. The applicant took all the
suggestions that were made at the previous Public Hearings and has come up with a
good solution to the concerns that the City Council and staff had. What they are
proposing is to make -- designate this a one way, which I think Councilman Bird was
trying to vocalize during the last Public Hearing, but they have shown this to be one
way. The Planning and Zoning Commission's recommendations were to extend this little
island here another 18 feet to provide a greater separation between the opposing traffic
in for the drive-thru for the TCBY. Another request was made to move the menu order
CITY OF MERIDIAN
ORDINANCE NO.
AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE LESLIE FAMILY
TRUST AND MOORE FAMILY TRUST AND TO BE KNOWN AS CEDAR SPRINGS
SUBDIVISION LOCATED NORTHWEST OF N. MERIDIAN ROAD AND WEST USTICK 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 LOW
DENSITY RESIDENTIAL DISTRICT (R-4); 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 i. 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:
A parcel of land being a portion of the SE 1/4, Section 36, T.4N., R.1W., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Beginning at a found 1/2" iron pin marking the Southwest corner of said SE 1/4,
Section 36 (South 1/4 corner), THE REAL POINT OF BEGINNING;
ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 1
thence South 89°19'43" East 462.63 feet (formerly South 89020'51" East), along the
Southerly line of said SE 1/4, Section 36, and along the center line of Ustick Road, to a
set 5/8" iron pin and cap marking the most Southwesterly corner of those lands
excepted from Parcel 1, as it is described in Quitclaim Deed Instrument No.
99123670, Records of Ada County, Idaho, from which corner a found 3-1/4" Ada
County Engineer Aluminum Cap, monumenting the Southeast corner of said Section
36 bears South 89019'43" East, 2,199.57 feet, as shown on that certain Record of
Survey No. 4958, recorded April 21, 2000, as Instrument No. 100030102, Records of
Ada County, Idaho;
thence leaving said Southerly line and said center line North 0O028'24" East, 258.01
feet along the Southerly extension of a an existing North-South fence line, to a slight
angle point in said fence line;
thence North o1018'10" East, 105.78 feet along said fence line;
thence North 01059'18" East, 79.41 feet to an angle point in said fence;
thence South 88035'37" East, 4.11 feet along an East-West fence line to a found 5/8
inch iron pin and cap PLS 8248, being an angle point in the Westerly boundary of
said excepted lands from Parcel 1 of Instrument No. 99123670;
thence continuing South 88035'37" East, 129.61 feet along a jog in said Westerly
boundary of those excepted lands, to a found 1/2" iron pin;
thence North 01025'10" East, 886.69 feet (formerly North 01024'08" East, 886.62
feet), along said Westerly line of those excepted lands, to a set 5/8" iron pin and cap,
marking the Northwest corner of said excepted lands, being a point on the Southerly
line of the N 1/2, SE 1/4, Section 36, from which point a found 1/2" iron pin marking the
SE 1/16 corner of said Section 36, bears South 89014'39" East, 52.99 feet (formerly
South 89015'45" East);
thence South 89014'39" East, 1,596.37 feet (formerly South 89015'45" East, 1,596.29
feet), along said Southerly line, to a found 5/8" iron pin marking the Northeast corner
of a parcel of land, as it is described in Book 181 of Deeds at page 67, Records of Ada
County, Idaho;
thence South 0O051'23" West, 200.59 feet (formerly South 0O050'16" West), to a
found 5/8" iron pin marking the Southeast corner of said parcel of land Book 181,
page 67;
ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 2
thence South 89°10'45" East, 435.10 feet (formerly South 89012'23" East, 435.18 feet),
to a found 5/8" iron pin marking a point on the Westerly right-of-way of Meridian
Road;
thence continuing South 89010'45" East, 25.00 feet to a point on the Easterly line of
said SE1/4, Section 36, also being the centerline of Meridian Road;
thence North 00051'23" East, 1,526.16 feet (formerly North 00050'16" East) along said
Easterly line and said centerline, to a found 5/8" iron pin and cap marking the NE
corner of said SE 1/4, Section 36 (East 1/4 corner);
thence North 89009'38" West, 25.00 feet (formerly North 89010'42" West) along the
Northerly line of said SE 1/4, Section 36 to a set 5/8" iron pin and cap on said
Westerly right-of-way of Meridian Road;
thence continuing North 89009'38" West, 2,655.40 feet along said Northerly line, to
the Northwest corner of said SE 1/4, Section 36 (Center 1/4 corner), from which corner
a set 5/8" iron pin and cap (a witness corner), bears South 00027'49" West, 15.00
feet;
thence South 00027'49" West, 2,657.96 feet (formerly South 00026'40" West), along
the Westerly line of said SE 1/4, Section 36 to the REAL POINT OF BEGINNING;
Containing an area of 100.71 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.
SECTION 3: That the real property herein by this ordinance annexed
to the City of Meridian hereinabove described shall be zoned Low Density Residential
District (R-4).
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: All ordinances, resolutions, orders or parts thereof in
ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 3
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 (lo)
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.
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 of the Rule as allowed pursuant to Idaho
Code 50-902 Yes: No:
Second Reading:
Third Reading:
ANNEXATION AND ZONING ORDINANCE (AZ -00-019) - 4
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\M\Meridian\Meridian 1536oM\Cedar Spgs (2002) AZoo-oi9 PPoo-o18\AZOrd.doe
ANNEXATION AND ZONING ORDINANCE (AZ -00-019) — 5