HomeMy WebLinkAboutBear Creek 6 Kodiak AZ Ord REV
October 17.2003
MERIDIAN CITY COUNCil MEETING
October 21,2003
APPLICANT
ITEM NO.
REQUEST Continued from October 14.2003: Ordinance No.
Amending Ordinance 03-1033 Correcting the legal description for Äl. 00-026 Bear Creek Subdivision I
6 Ilka I approved as Kodiak Development):
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See Revised Ordinance
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOl DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER: Drcl¡XìCUVL-~ li¡ V~ <1 ~lXd ¡1-6ì CLtí;"--ch.e.cÍ ~(
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materiab presented at pubDc meetIngs shall become property of the City of Meridian.
Page 1 ofl
Sharon Smith
From: Bruce Freckleton [freckleb@meridiancity.org]
Sent: Thursday, October 16, 2003 3:58 PM
To: 'Marlene St. George'; Sharon Smith (E-mail)
Cc: Bill Nichols (E-mail)
Subject: RE: Bear Creek Subdivision revised AZ. Ord and October 2003 Addendum to Dev Agmt
Marlene,
The revised documents have been checked and approved by my office. The only thing that will need to be
done is to attach the original exhibit map to the annexation ordinance.
Sorry for the misunderstanding.
Bruce
-----Original Message-----
From: Marlene St. George [mailto:ms@WHITEPETERSON.com]
Sent: Wednesday, October 08, 2003 4:33 PM
To: 'freckleb@meridiancity.org'
Cc: Bill Nichols
Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt
Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ
Ordinance, summary cover letter, and an October 2003 Addendum to Development
Agreement Dated August 5,22003. If you would please review over all the documents, and
the P & Z Department, we will then have covered all bases to make sure this matter has been
taken care of in full. Upon approval of yourself and the P & Z Department, I will then
proceed to send the documents on to the Clerk's office. In the meantime, I will wait to hear
back from you. Thanks Bruce.
Thankyou,
Marlene St. George
Legal A.\'~'istant to WIll. F. Nichols
White Peterson
5700 East Franklin Road, Suite 200
Nalllpa, Idaho 83687-8402
208-466-9272 Ext. 111
mS@whitepeterson.com
Confidentiality Notice: This eInail message may contain confidential and privileged
infonnation exempt from disclosure under applicable law. ¡fyou have received this message
by mistake, please notify us immediately by replying to this message or telephoning us, and
do not review, disclose, copy, or distribute this message. Thank you
I
10/16/2003
Page 1 of2
n,l(, ,
L-"~v
10- 14 -03
Sharon Smith
From:
Sent:
To:
Cc:
Marlene St. George [ms@WHITEPETERSON.com]
Tuesday, October 14, 2003 1 :21 PM
'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson'
Biil Nichols
J k-vv"L
no, '7
Subject: FW: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt
As of today, I have heard nothing back ITom Bruce nor ITom P & Z on the above documents. I just
wanted to keep you posted as to the status of this matter.
Thank you,
Marlene St. George
Legal Assi,stant to Wm. F. Nichol.,'
White Peterson
5700 East Franklin Road, Suite 200
Nampa, Idaho 83687-8402
208-466-9272 Ext. 111
mS@whitepeterson.com
RECEIVED
OCT 1 4 2003
City Of Meridian
City Clerk Office
CO1!fidentiality Notice: This email message may contain confidential and privileged information
exempt from disclosure under applicable law. If you have received this message by mistake, please
notifY us immediately by replying to this message or telephoning us, and do not review, disclose,
copy, or distribute this message. Thank you
-----Original Message-----
From: Marlene St. George
Sent: Wednesday, October 08, 2003 4:33 PM
To: 'freckleb@meridiancity.org'
Cc: Bill Nichols
Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt
Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ
Ordinance, summary cover letter, and an October 2003 Addendum to Development Agreement
Dated August 5,22003. If you would please review over all the documents, and the P & Z
Department, we will then have covered all bases to make sure this matter has been taken care of in
full. Upon approval of yourself and the P & Z Department, 1 will then proceed to send the
documents on to the Clerk's office. In the meantime, I will wait to hear back ITom you. Thanks
Bruce.
Thank you,
Marlene St George
Legal Assistant to Wm. F. Nichols
W7IÍte Peterson
5700 East Franklin Road, Suite 200
Nampa, Idaho 83687-8402
208-466-9272 Ext. 111
mS@whitepeterson.com
10/14/2003
Page 2 of2
COl!fidentiality Notice: This email message may contain confidential and privileged information
exempt from disclosure under applicable law. If you have received this message by mistake, please
notify us immediately by replying to this message or telephoning us, and do not review, disclose,
cORY, or distribute this message. Thank you
i
10/14/2003
CITY OF MERIDIAN
ORDINANCE NO. 03-
AN ORDINANCE AMENDING ORDINANCE NO. 03-1033
AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 FINDING THAT CERTAIN LAND TO
BE PART OF BEAR CREEK SUBDIVISION, AND THAT BEAR CREEK, LLC ARE OWNERS OF
CERTAIN REAL PROPERTY LOCATED AT 2435 SOUTH MERIDIAN ROAD WHICH LIES
CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY
OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS 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); 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 owner of said Property to-wit:
ANNEXATION AND ZONING ORDINANCE (tka Kodiak Development - AZ-OO-O26)
NOW FOR BEAR CREEK, LLC AZ-99-010
PAGE 1 OF 5
A parcel ofland located in the NE y., of the SE y., of Section 24 T.3N., R.IW. and the
NW y., of the SW y., of Section 19, T.3N., R.1E., B.M., Ada County, Idaho more particularly
described as follows:
BEGINNING at the y., corner common to said Sections 19 and 24 ttom which the SE
corner of said Section 24 bears South 00°55'37" West, 2661.00 feet;
thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00
feet to a point on the East ri.ght-of-way line of Meridian Road (State Highway 69);
thence along said East right-of-way line South 02°00'09" West, 191.70 feet;
thence North 89°04'23" West, 131.39 feet to a point on the West right-of-way line of
Meridian Road (State Highway 69);
thence leaving said right-of-way line North 86°18'31" West, 32.96 feet;
thence North 89°09'01" West, 1217.23 feetto a point on the West boundary line of
the NE y., of the SE y., of said Section 24;
thence along said West boundary line North 01 °01 '59" East, 159.90 feet;
thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on
the East-West centerline of said Section 24;
thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real
Point of Beginning, containing 5.98 acres, 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.
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).
ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-O26)
NOW FOR BEAR CREEK, LLC AZ-99-0 1 0
PAGE 2 OF 5
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 boundaries 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 I dated the - day of
and that the uses are to be developed under the planned unit development process and conditional use
permit process.
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 /Tom 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 ofthis ordinance and a map
prepared 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 ofIdaho, 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 ofIdaho, all in compliance with
Idaho Code §63-22l5 and §50-223.
ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-O26)
NOW FOR BEAR CREEK, LLC AZ-99-010
PAGE 3 OF 5
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:
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, )
: ss.
County of Ada.
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.
ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-O26)
NOW FOR BEAR CREEK, LLC AZ-99-0 I 0
PAGE 4 OF 5
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\MerldianlMeridian 15360MlBear CreekIAZ revised Ord 10 08 03.doc
ANNEXATION AND ZONING ORDINANCE (tka Kodiak Development - AZ-OO-O26)
NOW FOR BEAR CREEK, LLC AZ-99-010
PAGE 5 OF 5
ff
LINE TABLE
LINE LENGTH BEARING
L1 70.00 S89"59'45"E
L2 191.70 S02"00'09"W
L3 131.39 N89"04'23'W
L4 32.96 N86°18'31'W
L5 40.10 N45"55'40"E
S8g"10'38"E
1286.51'
N89"Og'01"W
1217.23'
~
~
~
'"
ORDINANCE NO. CJ3-(O33
Kodiak Subdivision
Section 24, T3N, R1W & Section 19, T3N, R1E
CITY OF MERIDIAN
660 E. WATERTOWER, SUITE 200
MERIDIAN, IDAHOB3642
EDMONDS
SCALE:NTS
Date: 6130103
ORAWN BY:SJO
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 ofIdaho
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.
WILLIAM G. BERG, JR.
STATE OF IDAHO, )
: ss.
County of Ada,
On this - day of , 2003, before me, a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe 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:
Zo\ WorklM\MeridianlMeridian 15360Mæear Creek\Cert Of Clerk revised Ord 10 08 03 ,doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
BEAR CREEK, LLC AZ-99-Ol a fka KODIAK DEVELOPMENT
PAGE 1 of!
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, RoSSMAN, NYE & ROSSMAN, P.A.
KEv1N E, O"JUS
JULIE KLE"" F"CHER
WM, F, GIGRAY.ln
T, GUY HALLAM'
JIlL HOUNKA
JIlL HOL""KA
D. SAMUEl.JOHNSON
WILLIAM A. MORROW
WILUAMF, NICHOl-"
CHRISTOPHERS, NYE
PHILIPA. PETERSON
ERICAS, PHJIJ.œs
ERIC S. ROSSMA.'
ToDnA. ROSSMAN
TERRENCER, WHITE"
NICHOLAS L WOlLEN
ATTORNEYS AT LAw
NAMPA OFFICE
5700 E, FRANKL""RD..
SUITE 200
NAMPA. IDAHO 83653-8402
TEL. ('08) 466-9272
FAX (208) 466-4405
5700 E. FRANKL"" RD..
SulTE200
NAMP A, IDAHO 83653-8402
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
NAMPAOFFJCE
'AI,o,dm;ü,drnOR
"A.o,dm;tI,drnWA
October 8, 2003
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re:
Amended Ordinance No, 03-
Publication
, (BEAR CREEK, LLC) Summary of
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the revised ordinance providing for an annexation and zoning ordinance for Bear
Creek, LLC, pursuant to the City's action. I do hereby advise the City, and make this statement, that
said summ.ary is true and complete and provides adequate notice to the public ofthe provisions of
said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions ofIdaho Code § 50-90l(A).
Very truly yours,
Wm. F. Nichols
Enclosure
Z:\WorklM\MeridianlMeridian 15360MIBear CreekIBerg Sum Ord Ltr 10 08 03,da:
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 03--
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance amending Ordinance No. 03-1033 of the City of Meridian granting
annexation and zoning for land owned by Bear Creek, LLC, to be a part of Bear Creek
Subdivision, consisting of 5.4 acres and commonly located at 2435 South Meridian Road,
Meridian, Idaho, with a zoning designation of R-8 Medium Density Residential; and
providing for effect of invalidity; providing that all ordinances and resolutions in conflict
are repealed and rescinded; and providing an effective date.
Legal Description
A parcel ofland located in the NE ~ of the SE \4 of Section 24 T.3N.,
R.1W. and the NW \4 ofthe SW \4 of Section 19, T.3N., RIE., B.M., Ada County,
Idaho more particularly described as follows:
BEGINNING at the ~ comer common to said Sections 19 and 24 ITom
which the SE comer of said Section 24 bears South 00°55'37" West, 2661.00 feet;
thence along the East-West centerline of said Section 19 South 89°59'45"
East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State
Highway 69);
feet;
thence along said East right-of-way line South 02°00'09" West, 191.70
thence North 89°04'23" West, 131.39 feet to a point on the West right-of-
way line of Meridian Road (State Highway 69);
thence leaving said right-of-way line North 86°18'31" West, 32.96 feet;
thence North 89°09'01" West, 1217.23 feetto a point on the West
boundary line of the NE \4 of the SE \4 of said Section 24;
thence along said West boundary line North 01 °01 '59" East, 159.90 feet;
thence leaving said West boundary line North 45°55'40" East, 40.10 feet
to a point on the East-West centerline of said Section 24;
thence along said East-West centerline South 89°10'38" East, 1286.51 to
the Real Point of Beginning, containing 5.98 acres, more or less.
BEAR CREEK, LLC AZ-99-O1 0 fka KODIAK DEVELOPMENT
PAGE 1 OF 2
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, Ir., 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:\Work\M\Meridian\Meridian 15360M\BearCreek\SUM AZ Revised ORD 1008 OJ.doc
BEAR CREEK, LLC AZ-99-010 fka KODIAK DEVELOPMENT
PAGE 2 OF 2