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HomeMy WebLinkAboutScottsdale Villas Sub RZ 03-002~CEI~.I~ MAR p 5 ~~::3 City Of IVleridiac~ City Clerk O{ECe CITY OF MERIDIAN ORDINANCE NO.03- AN ORDINANCE FINDING THAT THE OWNER, WOLFE COMMERCIAL ENTERPRISES, LLC, OF CERTAIN REAL PROPERTY GENERALLY LOCATED SOUTH OF FRANKLIN ROAD ALONG S.W. 8TH STREET AND ALDEN STREET, 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 L-O (LIMITED OFFICE DISTRICT) TO R-15 (MEDIUM HIGH DENSITY DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERH)IAN CITY CODE SECTION 11-7-2 E, 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: The owner of the following described property 3.66 acres has made a written request for a re-zone of the zoning classification for the subject Rcal Property herein described from L-O (Limited Office) to R-15 (Medium High Residential) District as defined under Meridian City Code § 11-7-2 E; and Physically located South of Franklin Road along S.W. 8th Street and Alden Street, Meridian, Idaho. SCOTTSDALE VILLAS SUBDIVISION (R-IS) RZ-03-002 / RE-ZONE ORDINANCE - 1 A parcel of land being all of Lots 2 through 4, Block 1 and Lots 1 through 5, Block 2 of Scottsdale Subdivision as recorded in Book 82 at Page 8916 of Plats, situated in a portion of the NE '/a of the NW'/o of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at a brass cap monument mazking the NW corner of said NW '/4, thence along the North line of said NW '/< 589°49'00" E a distance of 2651.24 feet to a brass cap monument marking the NE comer of said NW 1/4, thence leaving said North line and along the East line of said NE '/< of the NW '/4 S00°04'01" E a distance of 40.00 feet to a 5/8 inch rebaz mazking the NE corner of Lot 1, Block 1 of said Subdivision, thence along the East boundary of said Subdivision S00°04'01" E a distance of 157.50 feet to a 5/8 inch rebaz marking the SE corner of said Lot 1 and being the POINT OF BEGINNING; Thence continuing along said East boundary S00°04'01" E a distance of 591.27 feet to a 5/8 inch rebaz mazking the southeasterly corner of said Lot 5, Block 2; Thence leaving said East boundary and along the southerly boundary of said Subdivision N65°51'33" W a distance of 386.92 feet to a 5/8 inch rebaz marking the southwesterly corner of said Lot 4, Block 2; Thence leaving said southerly boundary and along the westerly boundary of said Subdivision the following courses; N00°04'03" W a distance of 124.73 feet to a 5/8 inch rebaz; Thence N00°05'00" E a distance of 58.10 feet to a 5/8 inch rebaz; Thence N09°10'00" W a distance of 125.49 feet to a 5/8 inch rebar marking the NW corner of said Lot 1, Block 2; Thence parallel with said North line 589°49'00" E a distance of 195.85 feet to a 5/8 inch rebaz marking the SW corner of said Lot 2, Block 1; Thence along the West line of said Lot 2 N00°11'00" E a distance of 127.50 feet to a 5/8 inch rebaz mazking the NW corner of said Lot 2; Thence leaving said West line and along the North line of said Lot 2 S89°49'00" E a distance of 176.19 feet to the POINT OF BEGINNING. Said parcel contains 3.66 acres more or less and is subject to all existing easements and rights-of--way of record or implied. SCOTTSDALE VILLAS SUBDIVISION (R-15) RZ-03-002 / RE-ZONE ORDINANCE 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. ofthis-Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (R-15) Medium High Density Residential 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. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. SCOTTSDALE VILLAS SUBDIVISION (R-15) RZ-03-002 / RE-ZONE ORDINANCE 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, ) County of Ada. ss. 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 instntment, 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:\WwMM\Ivleridian~Yleridianl5360M\Sca[tsdale Villas Sub RZ-03-002 PP-02-029 CUP-02A45\RZArdinancedce SCOTTSDALE VILLAS SUBDIVISION (R-15) RZ-03-002 / 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 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. 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. STATE OF IDAHO, ) County of Ada, ss. WILLIAM G. BERG, JR. 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:1WorklMlMeridianlMeridianl5360Wf1Scottsdale Villas Sub RZ-03-002 PP•02-029 CUPA2-0451CertificatimOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK - RZ-03-002 WHITE PETERSON ICEVw E. Dwms IUL~ KLEw FlSCHER WM. F. GIGRAY, lu T. GUY HALLAM• D. $AMUeL JarNS~ WIUUM A. MORROW WLLLIAM F. NICHOL$• CHR6'IY)PHER S.NYE "Also admitted in OR "" Also admitted in WA WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. Prm,~ A ~1ER50N ATTORNEYS AT LAW NAMPA OFFICE ERICA $. PHELmS $700 E. FRANw,w RD., ERIC S. ROSSMAN SUITE 200 TODD A ROSSMAN NAIYIPA, IDAHO 83687-8402 DAVRI M. SWARnEY 7EL. (208) 466-9272 PAMELA J.TARLOw FA)f (208)466-4405 TERRENCE R WHrtE•• NIDHOUS L WoLLEN March 4, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03- , (Wolfe Commercial Enterprises, LLC) 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 Wolfe Commercial Enterprises, LLC, 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 of Idaho Code § 50-9f"'"` Enclosure Z:1WOrMM\Meridiun\Meridiun15360M1Sctitsdak Villas Sub RZ-03-002 PP-02-029 CUP-02.0451BergSumOrdLtr 030403.doc NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.03-_ PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by Wolfe Commercial Enterprises, LLC, that is known as Scottsdale Villas Subdivision, consisting of 3.66 acres and commonly located south of Franklin Road along S.W. 8s' Street and Alden Street, Meridian, Idaho, with a zoning designation of R-15 Medium High Density Residential; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict aze repealed and rescinded; and providing an effective date. Leal Description A parcel of land being all of Lots 2 through 4, Block 1 and Lots 1 through 5, Block 2 of Scottsdale Subdivision as recorded in Book 82 at Page 8916 of Plats, situated in a portion of the NE '/4 of the NW'/< of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at a brass cap monument marking the NW comer of said NW '/,thence along the North line of said NW '/4 S89°49'00" E a distance of 2651.24 feet to a brass cap monument marking the NE corner of said NW 1 /4, thence leaving said North line and along the East line of said NE '/o of the NW '/< S00°04'01" E a distance of 40.00 feet to a 5/8 inch rebaz mazking the NE corner of Lot 1, Block 1 of said Subdivision, thence along the East boundary of said Subdivision S00°04'01" E a distance of 157.50 feet to a 5/8 inch rebaz mazking the SE corner of said Lot 1 and being the POINT OF BEGINNING; Thence continuing along said East boundary S00°04'01" E a distance of 591.27 feet to a 5/8 inch rebaz marking the southeasterly corner of said Lot 5, Block 2; Thence leaving said East boundazy and along the southerly boundary of said Subdivision N65°51'33" W a distance of 386.92 feet to a 5/8 inch rebaz marking the southwesterly comer of said Lot 4, Block 2; Thence leaving said southerly boundary and along the westerly boundary of said Subdivision the following courses; N00°04'03" W a distance of 124.73 feet to a 5/8 inch rebaz; RZ-03-002 Thence N00°05'00" E a distance of 58.10 feet to a 5/8 inch rebaz; Thence N09°10'00" W a distance of 125.49 feet to a 5/8 inch rebaz marking the NW corner of said Lot 1, Block 2; Thence parallel with said North line S89°49'00" E a distance of 195.85 feet to a 5/8 inch rebaz marking the SW corner of said Lot 2, Block 1; Thence along the West line of said Lot 2 N00°11'00" E a distance of 127.50 feet to a 5/8 inch rebaz marking the NW corner of said Lot 2; Thence leaving said West line and along the North line of said Lot 2 S89°49'00" E a distance of 176.19 feet to the POINT OF BEGINNING. Said pazcel contains 3.66 acres more or less and is subject to all existing easements and rights-of--way of record or implied. 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:\WorkU1\Meridian\IvIeridian 15360MVScotfsdale Villas Sub RZ-03-002 PP-02-029 CUP-02-045\SUMANNEXZONGORD.doc RZ-03-002 m z S CINDER RD W T W12TH ST n ~ + z ~ m $ a_ -5I Z ~ T to 1 ~ ~ ~ ~ LYN WOOp CIR fA y -~ O D ~ m °z ~~r ~ I ~ ~, ~ C ~ ~ O 8 ~ ~ $ -Di ~ I o z~ m f~ -R O A m w s m ~~ El Z ~ A v ti mow/ 3 OUT lD WAY ~° rn ~LZ~665 aw~s~ 5 3.. 0. o00S ta °' s SOUTH W 7th AVE ~ = c m m "~ g ~ ~ ~o ~ ~ ~ Z 1 ~ ZO ~ ~ ~ ~ ~~ ~ 00 ~n ~~ ~ A~~ ~ fn ~ o °-y m 0 A D D z Z1T w r Z A Drnm -I m m oA~ z <Z ~aD ~ ~ o ~~~~~ ~ c W - 0 r m r u. r a r w r N r ~ r m r _ ~ ~ ~ _ m J N f0 N N N r W J N ffl W A ~ Z m o w ~ ~ w '~ m D r m ° ° m o m s o o m o A ~ A ~ O O D rm ~ t0 O N A .Z1 O O O O O fP Z ~ R1 I'fl RI ~ IT1 ~