04-1095 RZ Sutherland Farm No. 4 04-006 (104134974)
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
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RECORDED-REQUEST Of 104134974
CITY Of MERIDIAN
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CITY OF MERIDIAN
ORDINANCE NO. 04- (¡;q [;
AN ORDINANCE FINDING THAT THE OWNERS, SUTHERLAND FARM, INC., FOR
CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF
THE ZONING CLASSIF1CATION FOR REAL PROPERTY LOCATED
APPORXIMATEL Y Yz A MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE
OF S. EAGLE 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 DEF1NED 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. FINDINGS:
1.
The owner of the following described property has made a written request
for are-zone ofthe zoning classification for the subject Real Property
herein described from R-4 (Low Density Residential) District to R-B
(Medium Density Residential) District as defined under Meridian City
Code § 11-7-2 D; and
LEGAL DESCRIPTION FOR
SUTHERLAND FARM SUBDIVISION NO.4
SUTHERLAND FARM SUBDIVISION NO.4 (R-8)
RZ-O4-006 / RE-ZONE ORDINANCE
PAGEIOFS
A parcel of land situated in a portion of the Southwest Y..ofSection 21, Township 3
North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap marking the Southwest comer of Section 21, from which a
brass cap marking the South Y.. comer of Section 21, bears South 89°35'53" East, 2,657.22 feet;
thence along the Westerly boundary of Section 21, North 00°00'17" West, 1,350.08 feet to a I"
drill steel marking the South 1/16 of said section; thence continuing along said boundary, North
00°00'01" West, 309.85 feet to a point; thence South 89°07'46" East, 525.00 feet to the POINT
OF BEGINNING;
thence North 00°00'01" West, 253.90 feet;
thence North 00°52'14" East, 374.51 feet;
thence North 89°07'46" West, 58.60 feet;
thence North 35°57'31" West, 55.00 feet to a point on the center line ofthe Ridenbaugh
Canal;
thence along said center line the following courses and distances;
North 54°02'29" East, 119.05 feet;
along a curve to the right 505.36 feet, having a radius of 500.00 feet, a tangent of
276.64 feet, a delta of 57°54'35", and a long chord which bears North 82°59'46" East,
484.12 feet;
South 68°02'56" East, 352.10 feet;
South 88°30'26" East, 95.99 feet to a point marking a Northwest comer of said
Sutherland Farm Subdivision No.3;
thence along the Westerly and Northerly boundary of said subdivision the following
courses and distances:
South 00°52' 14" West, 472.47 feet;
South 29°26'52" West, 116.07 feet;
South 45°52'14" West, 38.36 feet;
South 20°52'14" West, 125.23 feet;
North 69°07'46" West, 20.96 feet;
along a curve to the left 148.35 feet, having a radius of 425.00 feet, a tangent of 74.94
feet, a delta 0[20°00'00", and a long chord which bears North 79°07'46" West, 147.60 feet;
North 89°07'46" West, 55.47 feet;
North 44°07'46" West, 28.28 feet;
SUTHERLAND FARM SUBDIVISION NO.4 (R-8)
RZ-O4-006 / RE-ZONE ORDINANCE
PAGE 2 OF 5
North 85039'41" West, 66.12 feet;
South 45052' 14" West, 28.28 feet;
North 89007'46" West, 451.95 feet to the POINT OF BEGINNING.
Containing 16.104 acres, more or less.
1.
The City of Meridian Plarming and Zoning Commission and City Council
having given notice and conducted all public hearings in accordance with
law and having issued its findings offact and conclusions oflaw and
Decision and Order granting the application for rezone and which
conditions and requirements Applicant shall comply; and
2.
The real property which is the subject of this ordinance is legally described
in Section 1.1. on page 2 and 3 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: The zoning designation set forth in Section 3 of this ordinance is subject to the
terms and conditions of that certain First Amendment to Development Agreement by and
between the City of Meridian and the owner of the land described in Section I dated the 2 ~
daYOf~'f
, 2p'4-, and that the uses are to be developed under the plarmed unit
development process and conditional use permit process.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
SUTHERLAND FARM SUBDIVISION NO.4 (R-8)
RZ-O4-006 / RE-ZONE ORDINANCE
PAGE 3 OF 5
repealed, rescinded and armulled.
SECTION 6. 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
¡Z.¡A,. day of t?:::-h>~ , 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
/ 2~ day of //c;.;Tz:> ~ ,2004.
~~
Attest:
First Reading: / tJ -12- ...-04-'
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.
SUTHERLAND FARM SUBDIVISION NO.4 (R-8)
RZ-O4-006 / RE-ZONE ORDINANCE
PAGE 4 OF 5
County of Ada.
On this /.zI't.. day of 001-0 ¡'e, .2004,
before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY
de WEERD 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 abo~r..'Mitten.
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SUTHERLAND FARM SUBDIVISION NO.4 (R-8)
RZ-04-006 / RE-ZONE ORDINANCE
PAGE 5 OF 5
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