HomeMy WebLinkAboutChrist Lutheran ChurchRZ03-005WHITE PETERSON
RE ~~~~.~-I~
JUN i 1 X03
~~' ~ k Officm'e
WHITE, PETERSON, MORROW, GIGRAY, RossmLaN, NYE & ROSSMAN, P.A.
KEVIN E. DIMUS PH[LIPA PETERSON
JULffi KLenu Frscxea ERiG S. PHILLIPS
WM. F. GIGRAY, llI ERIC S. ROSSMAN
T. GUV HntLnm' TonnA ROasMAN
JILL HOLINKA TERR8IYCE R. WHrra'"'
D. SAMUELJOHNaON NICHOLAS L. WOLLBN
WaLwa A. MORROW
WILLLIM F. NICHOLS'
CHRISTOPHERS. NYE
ATTORNEYS AT LAW
NAMPA OFFICE
5700 E. FRANRLW RD.,
SUITE 200
NAMPA, IDAHO 83653-8402
TEL. (208)466-9272
FAA (206)466-4405
'Also admitted in OR
'* Also admitted in
WA
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
June 11, 2003
Re: CHRIST LUTHERAN CHURCH /REZONE FINDINGS /REZONE
ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE
AND SUMMARY COVER LETTER - RZ-03-005
Dear Will:
Please find enclosed the original ofthe FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as
per instructions from the Council meeting of June 3, 2003, and which are on an upcoming agenda.
Also, please fmd 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
~.L.u.,~a....., .ur nccuur are auuo[eu. rsamnonauy, l nave 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 azise, please advise.
Ve your
C
~~
m. ichols
Z:1WorkU4lMeridianlMeridian 15360M`Christ Lutheran Church RZ 03 005 CUP 03 0121FFCL and OrdinanceClk 06 11 03.dac
CITY OF MERIDIAN
ORDINANCE NO.03-
AN ORDINANCE FINDING THAT THE OWNER, CHRIST LUTHERAN CHURCH,
FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR
REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED
AT 1406 WEST CHERRY LANE, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE
BOUNDARIES OF THE CITY OF MERH)IAN 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:
The owner of the following described property has made a written request
for a re-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 § 11-7-2 G;
and
A tract of land situated in the Southwest''/4 of the Southwest''/4 of Secfion 1,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described
as follows:
CHRIST LUTHERAN CHURCH (L-O)
RZ-03-005 / RE-ZONE ORDINANCE
PAGE 1 OF 4
Commencing at a found Brass Cap monumenting the South Y4 Comer of said
Section 1; thence along the southerly line of said Section 1, said southerly line
also being the centerline of Cherry Lane, S 89°42'08" W a distance of 1852.88
feet to a point being the POINT OF BEGINNING, said point also being N
89°42'08" E a distance of 800.00 feet from a found Brass Cap monumenting the
Southwest Section Comer of said Section 1;
Thence N 00°27'20" W a distance of 32.68 feet to a found 5/8" pin in a 2" iron
pipe on the northerly right-of--way of said Cherry Lane;
Thence continuing N 00°27'20" W a distance of 317.32 feet to a found 5/8" pin
on the westerly line of Dunten Place Subdivision, a recorded plat in the book of
plats on file with Ada County;
Thence S 89°42'08" W a distance of 775.00 feet to a found 5/8" pin on the
easterly right-of--way of Linder Road;
Thence continuing S 89°42'08" W a distance of 25.00 feet to a point on the
centerline of Linder Road, point being N 00°27'20" W a distance of 350.00 feet
from a found Brass Cap monumenfing the Southwest Section Corner of said
Section 1;
Thence South 00°27'20" E a distance of 195.00 feet to a point on said centerline
of Linder Road;
Thence N 89°42'08" E a distance of 40.00 feet to a found 5/8" pin on the easterly
right-of--way of Linder Road;
Thence N 89°42'08" E a distance of 435.00 feet to a found 5/8" pin;
Thence S 00°27'20" E a distance of 125.00 feet to a found 5/8" pin on the
northerly right-of--way of said Cheny Lane;
Thence S 00°27'20" E a distance of 30 feet to a point on the centerline of Cherry
Lane, said point being N 89°42'08"E a distance of 475.00 feet from a found Brass
Cap monumenting the Southwest Section Corner of said Section 1;
Thence N 89°42'08" E a distance of 325.00 feet to a point on the centerline of
Cherry Lane, the POINT' OF BEGINNING.
Comprising 4.738 acres.
2. The City of Meridian Planning and Zoning Commission and City Council
having given notice and conducted all public heazings in accordance with
CHRIST LUTHERAN CHURCH (L-O)
RZ-03-005 / RE-ZONE ORDINANCE
PAGE 2 OF 4
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. 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 (I,-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.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2003.
Mayor
CHRIST LUTHERAN CHURCH (L-O)
RZ-03-005 / RE-ZONE ORDINANCE
PAGE 3 OF 4
ATTEST:
City Clerk
First Reading:
Adopted after fast 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,
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.
1N 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 COMNIISSION EXPIRES:
Z:\WorIt~MV~leddian4Lferidian_15360M'Christ Lutheran Church 1tZ 03 ODS CUP 03 012V2ZOrdinance.doc
CHRIST LUTHERAN CHURCH (L-O)
RZ-03-005 / RE-ZONE ORDINANCE
PAGE 4 OF 4
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Comrission 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. ,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 Gaze, 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 2002, before me,
a Notary Public, appeazed WILLIAM
G. BERG, JR., known or identified to me to be the City Clerk, respectively, 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:1Work~MlMeridian~[vleridian I5360M'Chris[ I.idheran Church RZ 03 005 CUP 03 0121CertificafionOfClerkRLOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
RZ-03-005
PAGE 1 OF 1
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KevwE. DPOUS Ptm.e A. PtTeBSON ATTORNEYS AT LAW NAMPA OFFICE
.rn1.lE RIFM FISCE~It Ewrn S. PFm.LmS 5700 E. FRACierw RD.,
Wm. F. GIGRAY, ID ERIC S. ROSSMAN SmTE 200
T. GUV HAUAroI' TonnA ROB3MAN NAMPA, IDAHO 83653-8402
Ia.L HOLWICA TERAPNCER. WwTE" TEL. (208)466-9272
D. SAMUEL 70FQJSON Nlamus L. WOMEN FAX (206) 466-0405
Lnaav D. MooxE
WacwM A. MOaaOW
Wa.unm F. NICHOLS'
Csmrs'roera;aa S.NVe
•Also admitted iu OR
Il a' Also admitted in WA
June 11, 2003
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 03- , (Christ Lutheran Church) 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 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 provisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions of Idaho Code § 50-901(A).
Very truly yours,
Wm. F. Ichols
Enclosure
Z:\WorklMlMeridien\Meridian I5360M'Clrrist Lutheran Church RZ 03 005 COP 03 012\BergSumOrdLTR 06 11 03.dec
NOTICE AND PUBLISHED SUMMARY
ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.02-946
PROVIDING FOR A REZONING ORDINANCE
An Ordinance of the City of Meridian granting rezoning for land owned by Christ
Lutheran Church, that is known as Christ Lutheran Church consisting of 4.738 acres
located at 1406 West Cherry Lane, Meridian, Idaho, 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 Descriution
A tract of land situated in the Southwest''/4 of the Southwest Y4 of Section
1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,
described as follows:
Commencing at a found Brass Cap monumenting the South'/e Corner of
said Section 1; thence along the southerly line of said Section 1, said
southerly line also being the centerline of Cherry Lane, S 89°42'08" W
distance of 1852.88 feet to a point being the POINT OF BEGINNING,
said point also being N 89°42'08" E a distance of 800.00 feet from a
found Brass Cap monumenting the Southwest Section Comer of said
Section 1;
Thence N 00°27'20" W a distance of 32.68 feet to a found 5/8" pin in a 2"
iron pipe on the northerly right-of--way of said Cherry Lane;
Thence continuing N 00°27'20" W a distance of 317.32 feet to a found
5/8" pin on the westerly line of Dunten Place Subdivision, a recorded plat
in the book of plats on file with Ada County;
Thence S 89°42'08" W a distance of 775.00 feet to a found 5/8" pin on the
easterly right-of--way of Linder Road;
Thence continuing S 89°42'08" W a distance of 25.00 feet to a point on
the centerline of Linder Road, point being N 00°27'20" W a distance of
350.00 feet from a found Brass Cap monumenting the Southwest Section
Corner of said Section 1;
Thence South 00°27'20" E a distance of 195.00 feet to a point on said
centerline of Linder Road;
Thence N 89°42'08" E a distance of 40.00 feet to a found 5/8" pin on the
easterly right-of--way of Linder Road;
Thence N 89°42'08" E a distance of 435.00 feet to a found 5/8" pin;
Thence S 00°27'20" E a distance of 125.00 feet to a found 5/8" pin on the
northerly right-of--way of said Cherry Lane;
Thence S 00°27'20" E a distance of 30 feet to a point on the centerline of
Cherry Lane, said point being N 89°42'08"E a distance of 475.00 feet
from a found Brass Cap monumenting the Southwest Section Corner of
said Section I;
Thence N 89°42'08" E a distance of 325.00 feet to a point on the
centerline of Cherry Lane, the POINT OF BEGINNING.
Comprising 4.738 acres.
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:\WorkVMN3eridianUvleridian I5360M1Christ Lutheran Church RZ 03 005 CUP 03 0121SUMANNEXZONGORD.doc