HomeMy WebLinkAboutKelly Creek AZ 03-013WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS PHILIPA. PETERSON
JUWE KLEIN F]SCHER ERICA S. PHILLIPS
WM. F. GIGRAY, III ERIC S. ROSSMAN
T. Gfn HALLNf' Tonn A. R093MAN
JILL HOLINKA TERAENCE R. WHRE**
D. SAMUELJOHNSON NICHOLAS L. WOLI.EN
WILLLIM A. MORROW
WILLIAM F. Nlcxols'
CxRlsroexER S. NvE
ATTORNEYS AT LAW
NAMPA OFFICE
5700 E FRANKLM RD.,
SurrE zoH
NAMPA, IDAHO 83687-8402
TEL. (206)466-9272
FAX (208) 466-4405
*Also admitted in OR
'* Also admitted in
WA
RECEIVED
August ~, 2003 AUG 15 2003
William G. Berg, Jr., City Clerk City Of Meridian
MERIDIAN CITY HALL City Clerk Office
33 East Idaho
Meridian, Idaho 83642
Re: KEVIN HOWELL CONSTRUCTION /ANNEXATION AND ZONING FINDINGS / AZ
DEVELOPMENT AGREEMENT /ORDINANCE & CERTIFICATION OF CLERK /SUMMARY
ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-013
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND
ZONING prepared as per instructions from the Council meeting of August 5, 2003, and which are
on an upcomtng Council agenda. I have also attached the original of the Development Agreement for the
owner(s) and/or developer(s) signatures. After the Council meeting, if Council approves the Findings of Fact
and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development
Ageement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the Development
Agreement to the owners(s) and/or developer(s) for signatures.
Also, please fmd enclosed the above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for the 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
Granting Application for xezone are arlopterl. Aamnonally, 1 nave enclosea a summa
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Coun
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions azise, please advise.
Very truly o~
Wm. ichols
Z:1WorklM~MeridianVvteridian 15360MUCelly Creek Sub AZ-03-013 PP-03-014 COP-03-028~FFCL DEV AGMT ORD Clerk Ltr08 07 03.doc
CITY OF MERIDIAN
ORDINANCE NO. U3-
AN ORDINANCE FINDING THAT, KEVIN HOWELL, KELLY AND BRENDA FULFER, JACK
FULFER, RANDALL AND TANYA CALKINS, AND KEVIN HOWELL CONSTRUCTION, THE
OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF CINDER AND McMILLAN ROADS, MERIDIAN, IDAHO, TO BE KNOWN AS
KELLY CREEK SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY
LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A
REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE
ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY
RESIDENTIAL DISTRICT (R-8), LIMITED OFFICE DISTRICT (L-O), AND GENERAL RETAIL
AND SERVICE COMMERCIAL DISTRICT (C-G) AND DECLARING THAT SAID LAND, BY
PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING
THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF
MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A
CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH
ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223
AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the
City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to
the City of Meridian, Idaho, by the owners of said Property, to-wit:
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 1 OF 7
FULFER PARCEL DESCRIPTION
The South % of the Southeast''/a of Section 26, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
COMMENCING at a found 5/8" iron pin (no cap), marking the Southeast corner of Section
26, the POINT OF BEGINNING;
thence along the Southerly boundary of Section 26, North 89°28'38" West, 2,625.53 feet to a
found 5/8" iron pin with plastic cap stamped "RUBBLE PLS 4998", marking the South '/a corner of
said section;
thence along the Westerly boundary of the Southeast'/< of Section 26, North 00°37'07" East,
1,330.30 feet to a found 5/8" iron pin (no cap), marking the Center-South 1/16s' comer of said
section;
thence along the Northerly boundary of the South'h of the Southeast'/e of Section 26, South
89°13'39" East, 2,620.84 feet to a found 5/8" iron pin with plastic cap stamped "RUBBLE PLS
4998", mazking the South 1/16s' corner of said section;
thence along the Easterly boundary of Section 26, South 00°24' S4" West, 1,318.88 feet to the
POINT OF BEGINNING.
Said parcel contains 79.77 acres (3,474,619.61 square feet), more or less.
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part of the City of Meridian, Ada County, Idaho.
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 2 OF 7
SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned Medium Density Residential District (R-8), Limited Office
District (L-O), and General Retail and Service Commercial (C-G).
FULFER DEVELOPMENT - R-8 ZONING PARCEL DESCRIPTION
That portion of the South '/z of the Southeast '/ of Section 26, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26, from
which a found 5/8" iron pin mazking the South''/4 corner of said Section beazs North 89°28'38"
West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89°28'38" West,
600.70 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North 89°28'38" West, 1,324.45 feet;
thence leaving said boundary North 00°34'05" East, 424.65 feet;
thence South 80°37'07" West, 436.64 feet;
thence North 89°22'53" West, 270.00 feet to the Westerly boundary of the South 11/z of the
Southeast'/a of Section 26;
thence along said boundary, North 00°37'07" East, 980.30 feet to the Northwest corner
thereof;
thence South 89°13'39" East, 2,620.84 feet to the Northeast comer of the South %z of the
Southeast'/ of Section 26;
thence along the Easterly boundary of said Section, South 00°24' S4" West, 897.75 feet;
thence leaving said boundary, North 89°35'06" West, 600.70 feet;
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 3 OF 7
thence South 00°24'54" West, 420.00 feet to the POINT OF BEGINNING.
Said pazcel contains 67.976 acres (2,961,013 squaze feet), more or less.
FULFER DEVELOPMENT - C-G ZONING PARCEL DESCRIPTION
That portion ofthe South''/z of the Southeast''/a of Section 26, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found 5/8"iron pin mazking the Southeast comer of Section 26, the POINT
OF BEGINNING, from which a found 5/8" iron pin marking the South'/ corner of said Section bears
North 89°28'38" West, 2,625.53 feet;
thence along the Southerly boundary of Section 26, North 89°28'38" West, 600.70 feet;
thence North 00°24'54" East, 420.00 feet;
thence South 89°35'06" East, 600.70 feet to the Easterly boundary of the South 1/z of the
Southeast Y4 of Section 26;
thence along said boundary, South 00°24' S4"West, 421.13 feet to the POINT OF BEGINNING.
Said parcel contains 5.800 acres (252,633 square feet), more or less.
FULFER DEVELOPMENT - L-O ZONING PARCEL DESCRIPTION
That portion of the South'/z of the Southeast'/4 of Section 26, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particulazly described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 4 OF 7
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26; thence
North 89°28'38" West, 2,625.53 feet to the South''/4 corner of Section 26, the POINT OF
BEGINNING;
thence along the Westerly boundary of the Southeast Y4 of Section 26, North 00°37'07" East,
3$0.00 feet;
thence leaving said boundary, South 89°22'53" East, 270.00 feet;
thence North 80°37'07" East 436.64 feet;
thence South 00°34'05" West, 424.65 feet to the Southerly boundary of the Southeast''/4 of
Section 26;
thence along said boundary, North 89°28'38" West, 700.38 feet to the POINT OF
BEGINNING.
Said parcel contains 5.991 acres (260,974 squaze feet), more or less,
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, comprehensive plan and all official maps depicting the boundazies of the City
of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the
terms and conditions of that certain Development Agreement by and between the City of Meridian and
the owner of the land described in Section 1 dated the day of , 2003, and that
the uses are to be developed under the planned unit development process and conditional use permit
process.
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 5 OF 7
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 prepazed in a
draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the
lands herein annexed, 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, all in compliance with Idaho
Code §63-2215 and §50-223.
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
ATTEST:
CITY CLERK
First Reading:_
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 6 OF 7
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 COMMISSION EXPIRES:
Z:\WorklM~MeridianlMeridian 16360MVCelty Creek Sub AZ-03-013 PP-03-014 CUP-D3-0281A7.Ord,doc
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 7 OF 7
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 yeaz 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:\WoddM\Meridian\Nleridian 15360MVtelty Creek Sub AZ-03-013 PP-03-014 COP-03-028\CertificazionOtClerkOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-013
PAGE 1 OF 1
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVw E.DwroB PFm.IP A. PErEesorv
7ULIE RLEw FIBCtmt FRIG $. Pwu.m$
WM. F. GIGRAY, IR Ewc $. RDSSMAN
T. GUV HALLAM" To DD A. ROBBMAN
JILL HDLwKA TERRENCE R. WMTEr"
JILL HDLwRA NI[HOL48 L. WULLEN
D. SAMUEL JOHNSON
WILLIAM A. MORROW
WILLIAM F. Nlcxols"
CHRISTOPHER S. NYE
'Also admitted m OR
rr Also admitted in WA
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
ATTORNEYS Ar Iaw NAMPA OFFICE
5700 E. FRANKLw Rn.,
5700 E. FRANRLEJ RD., SUIm 200
$UrtE 200 NAbffA, IDAHO 83653-8402
NAMPA, IDAHO 63653-8402 TEL. (208) 466-9272
EAX (208) 466-0405
TEL (208) 466-9272 PLEASE REPLY TD
FAx (208) 466-4405 ~ NAMPA OFFICE
August 7, 2003 ~-~., ~ i~I~~~
~at)~ j 5 2~
City OfI4leridian
City Clerk Ofl1ce
Re: Ordinance No. 03- ,(KEVIN HOWELL, KELLY AND BRENDA
FULFER, JACK FULFER, RANDALL AND TANYA CALKINS, AND
KEVIN HOWLL CONSTRUCTION) Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepazed a
summarization of the ordinance providing for an annexation and zoning ordinance for Kevin Howell,
Kelly and Brenda Fulfer, Jack Fulfer, Randall and Tanya Calkins and Kevin Howell Construction,
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 y y ,
Wm. F. Nic ols
Enclosure
Z:\WorkN4VvleridianN4eridian 15360MVtelly Creek Sub AZ-03-013 PP-03-014 CUP-03-028\Berg Sum Ord LJr 08 07 03.dLc
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO.03-
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for land owned by
Kevin Howell, Kelly and Brenda Fulfer, Jack Fulfer, Randall and Tanya Calkins, and
Kevin Howell Construciton, to be known as Kelly Creek Subdivision, consisting of 79.77
acres and commonly located at the northwest corner of Linder and McMillan Roads,
Meridian, Idaho, with a zoning designation of R-8 Medium Density Residential, L-O
Limited Office, and C-G General Retail and Service Commercial; and providing for
effect of invalidity; providing that all ordinances and resolutions in conflict are repealed
and rescinded; and providing an effective date.
Leeal Description
FULFER PARCEL DESCRIPTION
The South'/z of the Southeast'/ of Section 26, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and more particulazly described as follows:
COMMENCING at a found 5/8" iron pin (no cap), marking the Southeast corner
of Section 26, the POINT OF BEGINNING;
thence along the Southerly boundary of Section 26, North 89°28'38" West,
2,625.53 feet to a found 5/8" iron pin with plastic cap stamped "HUBBLE PLS 4998",
marking the South '/4 corner of said section;
thence along the Westerly boundary of the Southeast''/a of Section 26, North
00°37'07" East, 1,330.30 feet to a found 5/8" iron pin (no cap), marking the Center-
South 1/16' corner of said section;
thence along the Northerly boundary of the South %z of the Southeast'/4 of Section
26, South 89° 13' 39" East, 2,620.84 feet to a found 5/8" iron pin with plastic cap stamped
"HUBBLE PLS 4998", marking the South 1/16a' corner of said section;
thence along the Easterly boundary of Section 26, South 00°24'54" West,
1,318.88 feet to the POINT OF BEGINNING.
Said pazcel contains 79.77 acres (3,474,619.61 square feet), more or less.
FULFER DEVELOPMENT - R-8 ZONING PARCEL DESCRIPTION
That portion of the South''/Z of the Southeast''/v of Section 26, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section
26, from which a found 5/8" iron pin mazking the South''/4 comer of said Section bears
North 89°28'38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26,
North 89°28'38" West, 600.70 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North 89°28'38" West, 1,324.45 feet;
thence leaving said boundary North 00°34'05" East, 424.65 feet;
thence South 80°37'07" West, 436.64 feet;
thence North 89°22'53" West, 270.00 feet to the Westerly boundary of the South
'/2 of the Southeast''/a of Section 26;
thence along said boundary, North 00°37'07" East, 980.30 feet to the Northwest
corner thereof;
thence South 89°13'39" East, 2,620.84 feet to the Northeast corner of the South''/s
of the Southeast'/< of Section 26;
thence along the Easterly boundary of said Section, South 00°24' S4" West,
897.75 feet;
thence leaving said boundary, North 89°35'06" West, 600.70 feet;
thence South 00°24'54" West, 420.00 feet to the POINT OF BEGINNING.
Said parcel contains 67.976 acres (2,961,013 square feet), more or less.
FULFER DEVELOPMENT - C-G ZONING PARCEL DESCRIPTION
That portion of the South''/z of the Southeast''/a of Section 26, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section
26, the POINT OF BEGINNING, from which a found 5/8" iron pin marking the South'/o
comer of said Section beazs North 89°28'38" West, 2,625.53 feet;
thence along the Southerly boundazy of Section 26, North 89°28'38" West,
600.70 feet;
thence North 00°24'54" East, 420.00 feet;
thence South 89°35'06" East, 600.70 feet to the Easterly boundary of the South''/z
of the Southeast'/4 of Section 26;
thence along said boundary, South 00°24'54" West, 421.13 feet to the POINT OF
BEGINNING.
Said parcel contains 5.800 acres (252,633 square feet), more or less.
FULFER DEVELOPMENT - L-O ZONING PARCEL DESCRIPTION
That portion of the South '/Z of the Southeast '/4 of Section 26, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section
26; thence North 89°28'38" West, 2,625.53 feet to the South'/a corner of Section 26, the
POINT OF BEGINNING;
thence along the Westerly boundary of the Southeast'Y4 of Section 26, North
00°37'07" East, 350.00 feet;
thence leaving said boundary, South 89°22'53" East, 270.00 feet;
thence North 80°37'07" East 436.64 feet;
thence South 00°34'05" West, 424.65 feet to the Southerly boundary of the
Southeast''/a of Section 26;
thence along said boundary, North 89°28'38" West, 700.38 feet to the POINT OF
BEGINNING.
Said parcel contains 5.991 acres (260,974 square feet), 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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