HomeMy WebLinkAboutMeridian First Bapt RZ 02-007
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEvJN E. DINIUS
JULIE KlEtN FISCHER
WM. F. GIGRAY, III
T. GuY HALLAM"
D. Sl\MUELJOHNSON
Wn.LIAM A. MORROW
WILLIAM F. NICHOLS"
CHRISTOPHER S. NYE
PHIUP A. P!ITERSDN
ERICA S. PHlLLlPS
ERIc S. ROSSMAN
TODD A ROSSMAN
DAVID M. SWARTLEY
PAMELAJ. TARLOW
TERRENCE R. WHITEn
NICHOLAS L. WOLLEN
ATTORNEYS AT LAw
NAMPAOFFICE
5700 E. fRANKLlN RD.,
Sum 200
NAMPA, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
Canyon Park At The Idaho Center
5700 East Franklin Road, Suite 200
Nampa, Idaho 83687-8402
"Also admitted in OR
** Also admitted in
WA
TEL (208) 466-9272
FAX (208)466-4405
PLEASE REPLYTO
NAMPA OFFICE
January 17,2003
RECEIVED
JAN 2 2 2003
qty Of Meridian
CIty Clerk Office
William G. Berg, Jr., City Clerk
MERlDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: MERIDIAN FffiST BAPTIST CHURCH / REZONE FINDINGS I REZONE ORDINANCE
& CERTIFICATION OF CLERK I SUMMARY RZORDIANCE and SUMMARY
COVER LETTER / RZ-02-007
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR REZONE prepared
as per instructions from the Council meeting of January 14,2003, and which are on an upcoming
agenda for the Council.
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 nassed until the Findinl!:s of Fact and Conclusions of Law and Decision and Order Grantinl!:
Annlication for Rezone are adonted. Additionally, I have enclosed a SUlllffiary 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.
Z:\Work\M\Meridian\Meridian15360M\MeridianFirst Baptist Church RZ-02..Q07\FFCL and OrdinanceCk 01 17 03.doc
CITY OF MERIDIAN
ORDINANCE NO. 03-
AN ORDINANCE FINDING THAT THE OWNER, MERIDIAN FIRST BAPTIST
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) TO L-O (LIMITED OFFICE DISTRICT)
ZONING 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 2.83 acres 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) to L-O
(Limited Office) District as defined under Meridian City Code S 11-7-2 G;
and
Physical address of 428 and 506 W. Pine Avenue, Meridian, Idaho.
A parcel of land being a portion of Lots 1, 2 and 5, Block 9 ofNIDA YS
MERIDIAN FIRST BAPTIST CHURCH (L-O)
RZ-02-007 / RE-ZONE ORDINANCE
- 1
ADDITION TO MERIDIAN, according to the Official Plat thereof, filed
in Book 2 of Plats at Page 75, records of Ada County, Idaho located in the
Southwest Quarter of the Northeast Quarter of Section 12, Township 3
North, Range 1 West of the Boise Meridian, Ada County, Idaho more
particularly described as follows:
COMMENCING at the North Quarter comer of said Section 12; thence
South 00015'45" West a distance of 1988.69 feet along the West line of
the of the Northeast Quarter of said Section 12; thence South 89043'39"
East a distance of 1041.85 feet; thence South 00015' 18" West a distance of
217.29 feet to the TRUE POINT OF BEGINNING, said point being the
Southwest comer of said Lot 5; thence along the Westerly line of said lot
5, North 00015'18" East a distance of 114.00 feet; thence leaving said
Westerly line, South 89046'27" East a distance of 197.25 feet to a point on
the Westerly line of the East 120.00 feet said Lot 5; thence along said
Westerly line, South 00015'18" West a distance of 114.00 feet to a point
on the Northerly line of said Lot 1; thence along said northerly line, South
89046'27" East a distance of 22.75 feet to a point on the Easterly line of
the West 5.00 feet of the North 180.00 feet of the East 123.25 feet of said
Lot 1; thence along said Easterly line, South 00015' 18" West a distance of
180.00 feet; thence North 89046'27" West a distance of 5.00 feet to a point
on the Easterly line of the West 215.00 feet of said Lot I; thence along
said Easterly line and the Southerly extension thereof, South 00015' 18"
West a distance of 166.11 feet to a point on the center line of West Pine
Avenue; thence along said center line, North89049'16" West a distance of
316.81 feet; thence parallel with the Easterly line of said Lot 2, North
00015' 18" East a distance of250.00 feet; thence South 89049' 16" East a
distance of 101.81 feet to a point on the line common to said Lots 1 and 2;
thence along said common line, North 00015'18" East a distance of96.29
feet to the POINT OF BEGINNING.
Said parcel ofland contains 123,284 square feet or 2.83 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
MERIDIAN FIRST BAPTIST CHURCH (L-O)
RZ-02-007 IRE-ZONE ORDlNANCE
- 2
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 (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
,2003.
MERIDIAN FIRST BAPTIST CHURCH (L-O)
RZ-02-007 / 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. CORRlE 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\Meridian15360M\MeridianFirst Baptist Church RZ-OZ-o07\RZOrdinance.doc
MERIDIAN FIRST BAPTIST CHURCH (L-O)
RZ-02-007 / 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,
, 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\Meridian15360M\MeridianFirst Baptist Church RZ-02-007\CertificatimOfClerkRZOrd.doc
CERTIFICATION OF THE CITY CLERK - RZ-02-007
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WHITE PETERSON
WHITE, PETERSON, MORROW,GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS
JULIE KLEIN ASCHER
WM.F.GIGRAY,III
T. GUY HALLAM-
D. SAMUELJafNSON
WIUIAM A MORROW
WIUIAM F. NICHOLS"
CHRISTOPHER S. NYE
PmuP A PETERSON
ERICA S. PHn.LIPS
ERIc S. ROSSMAN
TODD A ROSSMAN
DAVroM.SWAR1LEY
PAMELA J. TARLOW
TERRENCE R. WHITE'"
NICHOLAS L WOLLEN
ATTORNEYS AT LAw
NAMPA OFFICE
5700 E. FRANKLll'l RD.,
SUITE 200
NAMPA, IDAHO 83653.8402
TEL. (208) 466-9272
FAX (208) 466.4405
CANYON PARK AT THE IDAHO CENTER
5700 EAST FRANKLIN ROAD, SUITE 200
NAMPA, IDAHO 83687-M02
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
NAMPA OFFICE
"Also admitted in OR
on Also admitted in W A
January 17, 2003
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re:
Ordinance No. 03-
Publication
, (Meridian First Baptist Church) Summary of
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 Meridian First Baptist Church,
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 of the provisions of said
ordinance_
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions ofIdaho Code 9 50-901(A).
~
Enclosure
z:\ Work\M\Meridian\Meridian15360M\MeridianFirst Baptist Church RZ-02-o07\Ber~umOrdLtr 01 17 03.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 of the City of Meridian granting rezoning for land owned by Meridian
First Baptist Church, that is known as Meridian First Baptist Church, consisting of 2.83
acres and commonly associated with the street address of 428 and 506 W. Pine Avenue,
Meridian, Idaho, with a zoning designation ofL-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
A parcel ofland being a portion of Lots 1, 2 and 5, Block 9 of
NIDA YS ADDITION TO MERlDIAN, according to the Official
Plat thereof, filed in Book 2 of Plats at Page 75, records of Ada
County, Idaho located in the Southwest Quarter of the Northeast
Quarter of Section 12, Township 3 North, Range 1 West of the
Boise Meridian, Ada County, Idaho more particularly described as
follows:
COMMENCING at the North Quarter comer of said Section 12;
thence South 00015'45" West a distance of 1988.69 feet along the
West line of the of the Northeast Quarter of said Section 12; thence
South 89043'39" East a distance of 1041.85 feet; thence South
00015'18" West a distance of217.29 feet to the TRUE POINT OF
BEGINNING, said point being the Southwest comer of said Lot 5;
thence along the Westerly line of said lot 5, North 00015'18" East
a distance of 114.00 feet; thence leaving said Westerly line, South
89046'27" East a distance of 197.25 feet to a point on the Westerly
line of the East 120.00 feet said Lot 5; thence along said Westerly
line, South 00015' 18" West a distance of 114.00 feet to a point on
the Northerly line of said Lot 1; thence along said northerly line,
South 89046'27" East a distance of 22. 75 feet to a point on the
Easterly line of the West 5.00 feet of the North 180.00 feet of the
East 123.25 feet of said Lot 1; thence along said Easterly line,
South 00015'18" West a distance of 180.00 feet; thence North
89046'27" West a distance of 5.00 feet to a point on the Easterly
line of the West 215.00 feet of said Lot 1; thence along said
Easterly line and the Southerly extension thereof, South 00015'18"
West a distance of 166.11 feet to a point on the center line of West
Pine Avenue; thence along said center line, North 89049'16" West
a distance of316.81 feet; thence parallel with the Easterly line of
said Lot 2, North 00015'18" East a distance of250.00 feet; thence
RZ-02-007
South 89049'16" East a distance of 101.81 feet to a point on the
line common to said Lots 1 and 2; thence along said common line,
North 00015'18" East a distance of96.29 feet to the POINT OF
BEGINNING.
Said parcel ofland contains 123,284 square feet or 2.83 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 of the Rule as allowed pursuant to Idaho Code
50-902: YES NO
Second Reading:
Third Reading:
Z:\Work\M\Meridian\Meridian 15360M\Meridian First Baptist Church RZ-02-007\SUMANNEXZONGORD.doc
RZ-02-007