HomeMy WebLinkAboutBear Creek No 6 RZ 03-006WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
RevIN E. DINIUS - PHILIP A. PHTEASON ATTORNEYS AT LAW NAMPA OFFICE
JULIH KLHIN FISCHHR ERICA $. PHILLIPS $700 H. FRANILLN'RD.
Wm. F. GIGRAY, In ERIC $. RassMAN ,
$u[rH 200
T. GIn HAUnm' TonnA. ROSSMAN
.11L1. HOLINHA TeaaENCe R. WHITE**
NAMPA,IDAH083653-9402
D. SAMUEL JOHN&oN NICHOLAS L. WOaeN TEL. (208)466-9272
WILLAM A. Moaaow FAX (208) 466-0405
WILLIAM F. NICHOIS'
CHRISTOPHER $. N1R
'Also admitted in OR
** Also admitted in
WA
June 17,2003
RECEIVED
JUN 1 92003
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL City Of Meridian
33 East Idaho City Clerk O1Tice
Meridian, Idaho 83642
Re: BEAR CREEK NO.6 /REZONE FINDINGS /REZONE ORDINANCE &
CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY
COVER LETTER - RZ-03-006
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 10, 2003, and which aze on an upcoming agenda.
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
Application for Kezone are adopted. Additionally, I have enclosed a Summary Ordinance and the
cover letter, which Summary Ordinance will need to be presented to the Council atthe same time the
full zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very truly
Wm. F. Nidhols
Z:\WorklMlMeridian\Meridian 15360M~f3ear Creek Sub No. 6 RZ 03 006 PP 03 004'FFCL and Ord'manceClk 06 17 03.doc
CITY OF MERIDIAN
ORDINANCE NO.03-
AN ORDINANCE FINDING THAT THE OWNER, WESTPARK COMPANY, FOR
CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF
THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED WEST OF
MERIDIAN ROAD, SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO, AND THAT
LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW
DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO R-8 (MEDIUM
DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE
SECTION 11-7-2 D, 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.
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 R-8
(Medium Density Residential) District as defined under Meridian City
Code § 11-7-2 D; and
A parcel of land being a portion of the NE'/a of Section 24, Township 3
North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho,
being more. particularly described as follows:
BEAR CREEK NO.6 (R-8)
RZ-03-006 / RE-ZONE ORDINANCE
PAGE 1 OF 4
Commencing at the southeast corner of the NE '/< (E '/4 corner) of Section
24, Township 3 North, Range 1 West, B.M.; thence N 89°27'07" W
137.29 feet along the south line of said NE '/< to a point on the centerline
of the Kennedy Lateral, the REAL POINT OF BEGINNING of this
description;
Thence continuing N 89°27'07" W 562.42 feet along said south line to a
point on the easterly boundary of Bear Creek Subdivision No. 3;
Thence N O1°40'43" E 225.88 feet along said easterly boundary to a point
on the southerly boundary of Bear Creek Subdivision No. 5;
Along said southerly boundary;
Thence N 49°00'00" E 120.00 feet to a point;
Thence S 41°00'00" E 24.11 feet to a point;
Thence N 49°00'00" E 190.02 feet to a point on the centerline of the
Kennedy Lateral;
Leaving said southerly boundary, and along said centerline:
Thence S 41°08'23" E 261.86 feet to a point;
Thence S 30°37'30" E 139.10 feet to a point;
Thence S 32°17'30" E 117.64 feet to the REAL POINT OF
BEGINNING of this description.
Said parcel of land contains 3.41 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
BEAR CREEK NO.6 (R-8)
RZ-03-006 / RE-ZONE ORDINANCE
PAGE 2 OF 4
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 (R-8) Medium 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.
Mayor
BEAR CREEK N0.6 (R-8)
RZ-03-006 / RE-ZONE ORDINANCE
PAGE 3 OF 4
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,
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)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMNIISSION EXPIRES:
Z:\WorkN4UNeridianlMeridian 15360M~Bear Creek Sub No. 6 RZ 03 006 PP 03 004V2ZOrdinance.doc
BEAR CREEK NO. 6 (R-8)
RZ-03-006 / 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 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. ,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.
WILLIAM G. BERG, JR.
STATE OF IDAHO, )
County of Ada,
ss.
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, 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:\WorklMlMeridianQvleridian 15360M~Bear Creek Sub No. 6 RZ 03 006 PP 03 004'CertificalionOfClerkRZOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
RZ-03-006
PAGE 1 OF 1
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KevTN E. Dwn15 PwuP A PETERSON ATTORNEYS AT LAW NAMPA OFFICE
Jui.aKl PM F7scro:R ERtcA S. PwT.~.Tes
5700 E. FRANKLRJ RD.,
WM. F. CiiCRAY, LI ERIC S. ROSSMAN SurrE 200
T. Grrv HnLLnM" Tooo A. ROSSMAN NAMPA, IDAH083663-8402
Iv. HOLiNKA IERRVacER. WHnE** TEL..(208)466-9272
D. SAMURL JOFP150N NICHOLAS L. WOW.EN
' FAR (208) 466-0405
LAMY D. MOORR
WILtTA,M A Moaaow
Wui.TnMRNICHOts*
Cr~45raeTU;R S. Nre
*Also admitted in OR
*"Also admitted in WA
June 17, 2003
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 03- , (Westpark Company) 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,
m. F. Nichol
Enclosure
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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 Westpark
Company, that is known as Bear Creek No. 6 consisting of 3.41 acres located west of
South Meridian Road and south of West Overland Road, Meridian, Idaho, with a zoning
designation of R-8 Medium Density Residential District; and to provide for effect of
invalidity; providing that all ordinances and resolutions in conflict are repealed and
rescinded; and providing an effective date.
Leeal Description
A parcel of land being a portion of the NE'/< of Section 24,
Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada
County, Idaho, being more particularly described as follows:
Commencing at the southeast comer of the NE Y4 (E '/< corner) of
Section 24, Township 3 North, Range 1 West, B.M.; thence N
89°27'07" W 137.29 feet along the south line of said NE Y< to a
point on the centerline of the Kennedy Lateral, the REAL POINT
OF BEGINNING of this description;
Thence continuing N 89°27'07" W 562.42 feet along said south
line to a point on the easterly boundary of Bear Creek Subdivision
No. 3;
Thence N O1°40'43" E 225.88 feet along said easterly boundary to
a point on the southerly boundary of Bear Creek Subdivision No.
5;
Along said southerly boundary;
Thence N 49°00'00" E 120.00 feet to a point;
Thence S 41 °00' 00" E 24.11 feet to a point;
Thence N 49°00'00" E 190.02 feet to a point on the centerline of
the Kennedy Lateral;
Leaving said southerly boundary, and along said centerline:
Thence S 41°08'23" E 261.86 feet to a point;
Thence S 30°37'30" E 139.10 feet to a point;
Thence S 32°17'30" E 117.64 feet to the REAL POINT OF
BEGINNING of this description.
Said parcel of land contains 3.41 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:
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