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09-1400 A Volterra Mixed Use RZ
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 BOISE IDAHO 06/05/09 03:13 PM DEPUTY Randy Jennings II I I I II II I II I II I II I II I I II I II II I I II III RECORDED-REQUEST OF Meridian City 10'~~i~~ 1 ~~ CITY OF MERIDIAN ORDINANCE NO. 09-1400 A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 08-004 VOLTERRA MIXED USE) FOR REZONE OF A TRACT OF LAND AS DESCRIBED IN SPECIAL WARRANTY DEED, INSTRUMENT NO. 106099040, RECORDS OF ADA COUNTY, IDAHO, TOGETHER WITH A PORTION OF A TRACT OF (LAND AS DESCRIBED IN SPECIAL WARRANTY DEED, INSTRUMENT N0.106099041, RECORDS OF ADA COUNTY, IDAHO, TOGETHER WITH A PROTION OF A TRACT OF LAND AS DESCRIBED IN SPECIAL WARRANTY DEED, INSTRUMENT NO. 106041249, RECORDS OF ADA COUNTY, IDAHO TOGETHER WITH A PORTION OF THE RIGHT-OF-WAY OF WEST MCMILLAN ROAD AND NORTH TEN MILE ROAD, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM L-O (LIMITED OFFICE DISTRICT) AND R-4 QMEDIUM-LOW DENSITY RESIDENTIAL DISTRICT) TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT), L-O (LIMITED OFFICE DISTRICT), C-C (COMMiJNITY BUSINESS DISTRICT) AND R 15 (MEDIUM-HIGH RESIDENTIAL DISTRICT) 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 by 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: Primeland Development Company, LLP. AMENDED ORDINANCE FOR REZONE - VOLTERRA MIXED USE Page 1 of 3 SECTION 2. That the above-described real property is hereby annexed and re-zoned from L-O (Limited Office District) and R-4 (Medium-Low Density Residential District) to C-G (General Retail and Service Commercial), L-O (Limited Office District), C-C (Community Business District), and R-15 (Medium-High Residential District) 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 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 re-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. 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 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 day of , 2009. AMENDED ORDINANCE FOR REZONE - VOLTERRA MII~ED U5E Page 2 of 3 Q.PPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, H)AHO, this 2 day of 2009. ~ ~ - cz-~---_ F~ MAYOR TAMMY de WEERD ATTEST: JAYCE~'L. HOLMAN, STATE OF IDAHO, County of Ada ss: `\; , ~~ t)f two ~~ ~} C~' ~pRPpRgT~O ~ ~'; AL ~L ~~ •,~~~~~~~ ~l1NT'r ~ ~~~~~~``,, ~~~~i~in~nt ~~u-~~~~~` On this 2~day of Su. nom- , 2009, before me, the undersigned, a Notary Public in ~~ ~1~ and for sa' ;~ e ~r n~ly appeared and JAYCEE L. HOLMAN, known to ~l~ me to be t~ e ~d~~~~~ty 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. (SEAL) ••'S ~. - '• . . .v~ , ~ • •~:~'- IC ; % is ~~'~F IDAI'j~ ~~• ••...o• NOTARY PUBLIC FOR IDAHO RESIDING AT: ~,~~ ~ l~ MY COMMISSION EXPIRES: I~-l ~-~,_] AMENDED ORDINANCE FOR REZONE - VOLTERRA MIXED USE Page 3 of 3 Legal Descriptions ^~~ ^~ 6~uadrant Consulting, Inc. LEGAL DESCRIPTION Ol!': Overall Rezone Boundary A parcel of land being a portion of a tract of land as described in Special Waarantyr Deed, lnsirttmsnt No.106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, h~sttummtt No. 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty ~'1, Insmiment No. 106041249, records of Ada County, Idaho, together with a portion of the Right- t7f-Way of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly dest~ribed as follows: Commencing at the Section comer oemmon to Section 27, 26, 34 and 35 of said Tovmship end Range, thence ~-g the South Tme of said Section North 88956'29" West, 891.33 feet to the POINT OF BEG-~NIlVt~; thence continuing North 88'56'29" West, 969.93 feet; thence leaving said South line North 01'53'56" East, 1299.71 feet; thence North 06°37'30" West, 612.06 feet; thence North 22°14'26" East, 338.89 feet; thence North 00°59'37" East, 4+0934 feet to a point on North line of said Southeast quarter, thence along said north line South 89'21'12" East, 1769.59 feet to the East grouter corner of said Section 27; thence South 0°21' 16" Wit„ 1738.65 feat along the East line 6f said Section 27; thence jeaving said East fins North 89'38'46" West, 4$5.15 feet; thence 623.40 feet along a cuuve. to the left, said curve having a radius of 400.00 feet, a delta ogle of 89'17'46" and a long chord bearing South 45°42°22" West, for a distance of 562.20 fit; thence South 01°03'30" West, 499.73 feet to the POINT OF BEGIlY1VIATG; Said parcel conteuns 93.65 acres more or less. t~.~ 1904 W. OvetlantJ • Boise, !083705 • Phone 1208j 342.OD91 • Fax (~Sj 342-0042 • Ernad: quatlrontt~quadront.cc Chit Enpineeflng • Surveying • Construction Management ~~~ ^~I 6~uadranfi LEGAL DESCRIP'T`ION OF: Consulting, Inc. Proposed R-IS Zonin= A parcel of land being a portion of a tract ofland as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together wi#h a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of the Right-Of-Way of West McMillan Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West,l3oise Meridian, City of Meridian, Ada County, Naha mare particularly descn'bed as follows: Commencing at the Section corm common to Section 27, 26, 34 and 33 mf said Township and Range; thence along the South line of said Seation 27 North 88°36'29" West, 1020.01 feet to the P©1NT` OF BEGINNING; thence continuing North 88° 56' 29" West 841.25 feet; thence leaving said South line North Ol° S3' 36" East 1117.09 feet; thence North 90° 00' 00" East 739.71 feet; thence 40.48 feet along a curve to the right, said curve having a radius of 280.00 feet, a delta angle of 0$° 17' OZ" and a long chord bearing South 03° OS' ~" East for a distance of 40.43 feet; thence South 01° 03' 31" Wit 588.00 feet; thence 140.00 feet along a curve to the left, said curve having a radios of 330.00 feet, a delta angle of 22° 33' 06" and a long chord bearing South I O° 24' 02" East for a distance of 139.01 feet; thtmce South 21° 31' 33" East 100.E feet; thence 8fl.00 feet along a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 22° 33' Q6", and a long chord bearing South 10° 24' 02" East for a distance of 79.47 feet; thence South 01 ° 03' 31" West 196.00 feet to the P'OI1VT OF BEGINNING; Said parcel containing 20.00 acres more or less. At BY ~ ~~ ~ MERtt3lAtd PUHUC WORKS DEPT: 1904 W. Overland • aalse, IO 93705 • Phone {2081342-~91 • Fax (~8l 342-~92 • EmaU: quadtantfa~quodrent,cc CIvH Engineering • Stmeytng • ConatNCflOn Mar~gamant ~~ ^^ Quadrant Consulting, Inc. LEGAL DESCRIPTIOAI OF: Proposed C-C Zoniug A parcel of land being a portion of a tract of land as dascn'bed in Special Warranty Deed, ilastrument No. 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument Na.106041249, records of Ada County, Idaho, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section comer common to Section 27, 26.34 and 35 of said Township and Range; thence along the South line of said Section 27 North 8$°56'29" West, I861.2d feet; thence leaving said South line North 1 ° 53' Sd" East 1117.09 feet to the POINT OF BEGINNING; thence continuing North 1 ° 53' S6" East 182.62 feet; thence North 06° 3T 30" West 612.06 feet; thence North 22° 14' 26" East 338.89 feet; thence North 00° 59' 37" East 56.43 feet; thence South 89° 23' 45" East 104.83 feet; thence 250.00 feet along a curve to the left, said curve having a radius of 1150.00 feat, a deha angle of 12° 2T 20" and a long chard bearing North $4° 22' 35" East for a distance of 249.51 feat; thence 423, l3 feet along a curve to the right, said curve having a radius of Z000.~ feet, a delta angle of 12° OT 18" and a long chord bearing North 84° 12' 34" East for a distance of 422.34 feet; thence 521.30 feet along a curve m the left, said curve having a radius of 2350.00 feet, a delta angle of 12° 42' 36" and a long chord bearing North 83° 54' S5" East for a distance of 520.23 feet; thence South 08° 48' 46" Fast 100.00 feet; thence 100.00 feet along a curve to the right, said curve having a radius of 650.00 feet, a delta angle of OS° 48' S3" and a long chord bearing South 04° 24' 20" East for a distance of 99.90 feet; thence 425.00 feet along a curve to the left, said curve having a radius of 1900.00 feet, a delta angle of 12° 48' S8" and a long chord bearing South 06° 24' 22" East for a distance of 424.11 feet; thence i 9ad W. Overland • apse, I0 83703 • Phone (2D13) 342A091 • Fax (2Q81342-0092 • EmoD: aA+adrants~q~aadront.ec Civil Engir-eerirtg • Sunmyfi®• Construction Management ~~ Quadrant Consulting, Inc. 540.53 feet along a curve to the right, said curve having a radius of 4500.00 feet, a delta angle of 06° 52' S6" and a long chord bearing South 09° 22' 23" East for a distance of 540.21 feet; thence North 88° 56' 27" West 836.90 feet; thence 159.52 feet along a curve to the right, said curve having a radius of 280.00 feet, a delta angle of 32° 38' 3D" and a long chord bearing South 23° 32'46" East for a distance of 157.37 feet; thence North 90° 00' 00" West 739.71 feet to the FOINT OF BEGINNING; Said parcel containing 37.$4 acres mare ar less. voa• a~ ~ 19' ~e~c Btu ~4~pNg~,Ep'f . i 904 W. Overland • Boise. ll) 83705 • Phone 1208) 342-0091 • Fqx (208) 34292 • Email: quatlrant®qupdrom.cc Civll Er~eerhtg • SWveybtg • Constnrction Management ~® ^® 6~uadrant Consulting, Inc. LEGAL DESCRIPTION OF: Proposed L-O Zontng A parcel of land being a portion of a tract of land as descn~bed in Special Warranty Deed, Instaiuneart No.106041249, records of Ada County, Idaho, together with a portion of the Right of Way ofNorth Teri Mile Road, situated in the Southeaet.quarter ofSection 27, Township 4 North, Range 1 West, Boise Meridian, Gity of Meridian, Ada County, Idaho more particularly de~n'bed as follows: Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and Range; thence along the East line of$aid Section 27 North 00°21'16" East, 2472.93 feet to the POINT OF BEGINNING; thence leaving said East line North 89° 38' 44" West 185.00 feet; thence 247.00 feet along a curve to the left, said curve having a radius of 1000.00 feet, a delta angle of 14° 09' 07", and a long chord beating South 83° 16' 42" West far a distance of 246.37 feet; thence 577.00 feet along a curve to the right, said curve having a radius of 2350.E feet, a delta angle of 14° 04' 05", and a long chord bearing South 83° 14' 11" West for a distance of 575.55 feet; thence 423.13 feet along a curve to the left, said curve having a radius of 2000.00 feet, a delta angle of 12° OT 18". and a long chord bearing South 84° 12' 34" West for a distance of 422.34 feet; thence 250.00 feet along a curve to the right, said curve having a radius of 1150.00 feet, a delta angle of 12° 2T 20". and a long chord bearing South 84° 22' 3S" West for a distance of 249.51 fit; thence North 89° 23' 45" West 104.83 feet; thence North 00° 59' 37" East 352.92 feet to the north line of said tract; thence along said north line Sonth 89° 21' I2" East 1769.59 feet to the East quarter comer of'said Section; thence South 00° 2l' 16" West 171.46 feet along the East line of said section to the POINT OF BEGINNING; Said parcel containing 10.7 more or less. VA6 BY ~ l9 ~atutw-w Puet.tc woRtcs oarrr. 1944 W. OveAartd • Bo1se. tB 83703 • Phorre (24a) 34291 • Pax tom) 342-OD92 • Ertwi~ quadrant®quct3ronr.cc CWE Enginsedng • Surveying • CanstrutHon Management ~~ ^~ 6luadrant Consuttin8, Inc. LEGAL DESCRIPTION OF: Proposed C-G Zoning A parcel of land being a portion of a tract of land ae described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Dad, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of a tract of land ~ dexnbed in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Idah9, togetherwith a portion ofthe Rigbt- C}f-Way o£We~ 1VIcMillan Road ~d Nora Ten Ar!ile Road, situated iri the.3outheast qu~ter of Ser~ion 27, Township 41Vorth, Rartge 1 West, Boil Meridian, City of Meridian, Ada County Idaho mare particularly desctihed:as follows: ' Cammenciag at the Section corner common to Section 27, 26, 34 and 3S of said Township and Range; thence along the Baez line of said Section 27 North 00°21'16" Bast, 905.74 feat to the POINT OF BEGINNING; thence leaving mid East line North 89° 38' 46" West 485.15 feet; thence bZ3.40 fat along a curve to the left, said curve having a radius of 400.00 fleet, a delta eagle of 89° 1 T 4b", and a long chord bearing South 4S° 42' 22" West for a distance of 562.20 feet; thence South Ol° 03' 30" West 499.73 feet to the South line of mid Secion 27; thence along said South line North 88° S6' 29" Wet 128.68 feet; thence leaving said South line North OT° 03' 31"East 196.00 feet; thence 80.00 feet along a curve to the left, said carve having a radius of 200.00 feet, a delta angle of 22° 55' 06", and a long chord bearing North 10° 24' OZ" West for a distaaee of 79.47 fat; thence Nortlt 2l° 51' 35" West 100.©0 feet; thence 140.00 feet along a carve to the right, said curve Laying a radius of 350.00 feet, a delta angle of 22° SS' 06" and a long chord baring North 10° 24' 02" West for a distance of 139.07 feet; thence North Ol° 03' 31"East 588.00 feet; thence 200.00 feet along a carve to the left, said curve having a radius of280.00 feet, a delta angle of 40° SS' 32" and a long chord bearing North 19° 24' 1 S" West for a distance of 195.78 fat: thence South 88° Sb' 27" East 836.90 feet; thence rsaa w. Over{anC • 9olse. ID 83705 • Phone 1~) 34291 • Fax 1208) 342-0092 • Email: quatlrantC~quodrontcc C3vU Englneering • Swreytng • Cortshuctbn Manogement ~, ®v ^^ Quadrant Consulting, Inc. 540.53 feet along a curve to the left, said curve having a radius of 4500.00 feet, a delta angle of 06° 52' S6" and a long chord bearing North 09° 22' 23" West for a distance of 540.21 feet; thence 425.00 feet along a curve to the right, said curve having a radius of 1900.00 feet, a delta angle of 12° 48' S8" and a long chord bearing North 06° 24' 22" West for a distance of 424.11 feet; thence 100.00 feet along a curve to the left, said curve having a radius of 650.00 feet, a delta angle of 08° 48' S3" and a long chord bearing North 04° 24' 20" West for a distance of 99.90 feet; thence North 08° 48' 46" West 100.00 feet; thence 55.70 feet along a curve to the left, said curve having a radius of 2350.00 feet, a delta angle of O1 ° 21' 29" and a long chord bearing North 76° 52' S3" East for a distance of 55.70 feet; thence 247.00 feet along a curve to the right, said curve having a radius of 1000.00 feet, a delta angle of 14° 09' 07" and a long chord bearing North 83° 16' 42" East for a distance of 246.37 feet; thence South 89° 38' 44" East 185.00 feet to the East line of said Section 27; thence along said East line South 00° 21' 16" West 1567.19 feet to the POINT OF BEGINNING; Said parcel containing 25.10 acres more or less. i~>~V~ ROV~11. 13Y AUG 19 2008 n~~ . ,. 1904 W. Overland Boise, ID 83705 • Phone (208) 342-0091 Fax (208) 342-0092 • Email: quadrant®quadrant.cc Civil Engineering • Surveying Construction Management Exhibit B -Map SBB'21h2'E 1788.88' 2 r z5 ,~"~ ~ PROPOS£0 C-0 ZdAI£ ~~ ' 109. 31 ~ 10.70 ACRES 18S'00 jC 011 Ct2 .g Ci3 GtC J4S'19 ~ ~ lei ~ i SB.IS S,M4 GEED OdST i ro0. 106041269 ~ ~' pROPOS£0 C-C 20lttE ~ ]7.84 ACRES m ~' ~ F w ~ pp CURRENT ~ y R-4 ZOroE i - - - - - ~- - ~ - - - - - - - -- 838 80' - - ~- - - ~ SBB998'23"f ''- _ _ ._ .~ ~ i18G'00'00'E 731l71g ~ PROPOSED C-G 24NE ~ C'~ ~ ' 29.10 ACRES I ~ / , P~38'18'9f ~ 18&18' 1 ~ S:w. DEED rro5t. ~ G~ t t NQ 108098041 ~ PR6POSm R-ts zauE 00 ACRES ~ 20 ~ ~~ OEED INST, ~ i r ~ . I NO 108699040 1 ~ W a - CURRENT C-G IONS ~°.;~ § ~ ~ a I 27 ~ 26947a' ~44~ ~3 .CURVE TAE0..E CURVE LENGTN RA~U5 G'EI,TA t]IORD 8RG CxORO CI 82140 400,66 8$'17'48" Sa542'22"tV 582 20 c2 eo.~ 2if0.ltt1 2z'S3'tis^ s1oR4'02'E 79.47 c3 +40.00 ]so.oo za'ssota• s6n4~oa-~ 139.07 Ca 159 93 280.00 32:38'36` N33'32'4B`w 197 ]7 CS 546.93 4500.00 8'52'58' N9'2Y23"w 540.2f C6 a25.00 1900.00 12.48'58' t06'24'22'w 424.17 C~ 100.06 890.06 8'49'93' No'Za'20'w 99.90 ' CB 55 70 2330 00 1 1'21"29' ro78'S2'93'E 95 70 VOLTERRA SUBDIVISION ~~ PROPOSED ZDNiP7G D~Qu a d ra n t GTV OF eefRlDf4N Consulting, Inc. ADA COUTJTY SEC 27, T-41d, R-4IV IDAHO 1904 rt OVE~.-0ND R0A0 SCALE: PROJECT NO, DAif'. RAGE BoJSe. Moeo 83705 1'=500' 395-Q6 8/bf2OO8 {ao8) va-pDD1 axax' {aoa) 34a-o:rsa rAr. 5t+£fr t DF r cna, r~~TC~NC-suaz.2~lwc-carsrx~rcrroar ltatgGCnKxr ~,~ k ~ ~ _-- 891_]]• 27 _; a6 w n+ttaflaAN ROAD --- 7a ~3s CURVE TABLE CURVE t£roGtt•f RAOH/5 DEl TA CHORD BRG. CH~O C9 521.30 2390.00 12'42']8' S8334'9S1V 920.23 cto iso.oo t,5o.ao 12'a7.2o- 994'2a'3s•w 249.st Cil 42313 2000,00 12'O7'18' S84'12'34'w 422.]4 Ct2 577.00 1390.00 14'64'09• 583'14'tl'w 97995 C13 247.00 1000.00 14'09'07" N83'18'4T'£ 24817 C14 06.48 280.00 8'1702" 53'03'00•£ 4x49 Ct9 200.00 280.00 aD'95'3a' Nt9'24'15'w 195 78