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01-901 RZ Meridian Business Park 00-006 (101008486)CITY OF MERIDIAN ORDINANCE NO. 01-901 AN ORDINANCE FINDING THAT DONALD R. ASBELL AND ANNETTE ASBELL ARE THE OWNERS OF CERTAIN REAL PROPERTY HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY NORTH OF FRANKLIN ROAD WEST OF NORTH BALTIC PLACE, MERIDIAN, IDAHO, THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I-L (LIGHT INDUSTRIAL DISTRICT) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 K, 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: 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 I-L (Light Industrial) District to C-G (General Retail and Service Commercial) District as defined under Meridian City Code § 11-7-2 K; and Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 1 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 condusions of law and Decision and Order granting the application for rezone; and The real property which is the subject of this ordinance is legally described as follows: PARCEL A: A parcel of land being all of Lots 1, 8, 9, 20, 21, 22 and 23, and a portion of Lot 2 and 19, Block 3, Meridian Business Park, as recorded in the official records of Ada County, Idaho, and a portion of Southwest 1/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho; thence South 89°46'06" West a distance of 1642.19 feet along the south boundary of said Section 7 to a point marMng the centefline intersection of North Baltic Place and East Franldin Road, said point being the TRUE POINT OF BEGINNING; thence South 89046'06'' West a distance of 678.93 feet along said south boundary of said Section 7 and centerline of East Franldin Road to a point on the southerly extension of the west boundary of Lot 20, Block 3 of Meridian Business Park; thence North 00°31'04" East a distance of 213.13 feet along said west boundary of Lot 20; thence leaving said west boundary North 15008'34'' West a distance of 176.29 feet to a point on the south boundary of Lot 9; thence North 89o47'03'' West a distance of 12.50 feet along the south boundary of Lot 9 to the southwest comer of said Lot 9; thence North 00°31'11" East a distance of 261.85 feet along the west boundary of said Lot 9 and the northerly extension thereof to a point lying on the centefline of East ICing Street; thence South 89°50'10'' East a distance of 200.00 feet along the centerline of said East King Street; thence South 00°31' 11" West a distance of 262.03 feet along the east boundary of Lot 8 and the northerly extension Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 2 thereof to the southeast corner of said Lot 8; thence South 89047'03'' East a distance of 261.32 feet along the north boundary of Lots 20, 23 and 2 of Block 3; thence South 00031'04'' West a distance of 148.08 feet; thence South 89047'03'' East a distance of 277.65 feet to a point on the centedine of North Baltic Place; thence South 00°31'04" West a distance of 229.82 feet along said centerline to the POINT OF BEGINNING. Said parcel contains 273,662 square feet or 6.28 acres, more or less. PARCEL B: A parcel of land being all of Lot 18, Block 3, Meridian Business Park, as recorded in the official records of Ada County, Idaho, and a portion of Southwest 1/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho; thence South 89046'06'' West a distance of 1642.19 feet along the south boundary of said Section 7 to a point marking the centerline intersection of North Baltic Place and East Franldin Road, thence South 89046'06'' West a distance of 708.93 feet along the south boundary of said Section 7 to a point marking the TRUE POINT OF BEGINNING; thence South 89046'06'' West a distance of 174.11 feet along said south boundary of said Section 7 and centefline of East Franldin Road to a point on the southerly extension of the west boundary of Lot 18, Block 3 of Meridian Business Park; thence North 00°31'11" East a distance of 214.79 feet along said west boundary of Lot 18; thence leaving said west boundary to the northwest corner of said Lot 18; thence South 89047'03'' East a distance of 174.09 feet along the north boundary of said Lot 18 to the northeast corner thereof; thence South 00°31'04" West a distance of 213.43 feet along the east boundary and the southerly extension of the east boundary of said Lot 18 to the POINT OF BEGINNING. Said parcel contains 37,276 square feet or 0.86 acres, more or less. Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 3 4.1 4.2 4.3 4.4 4.5 4.6 4.7 The following conditions shall be required as follows to-wit: Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section %1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Off street parMng shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Sanitary sewer service to Lots 18 and 21, Block 3, is questionable. Applicant shall provide the Public Works Department with an engineering plan demonstrating serviceability from these two lots to existing services with submission of building permit applications on these two lots. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parMng areas. All site drainage shall be contained and disposed of on-site. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE- 4 4.8 4.9 4.10 4.11 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the 3auericans with Disabilities Act. At the time of building permit submissions for Lots 18 and 21, Blod( 3, the Applicant and/or current property owner at the time shall submit evidence to the Planning and Zoning Department that the required amount of ACHD right-of-way dedication (48 feet) for the Franldin Road expansion is cmnplete. There are three (3) existing office/warehouse buildings within the boundaries of this rezone application. The floor area-to-parking ratios for these existing buildings are: Thomas Bldg., Phase II Asbell Bldg. # 1 Asbell Bldg. #4 Bldg. square footage 30,000 14,000 20,000 Existing Parking 100 stalls 28 stalls 67 stalls Count Required Parking for 75 stalls 35 stalls 50 stalls 100% Office Use (1:400) Required Parking for 150 stalls 70 stalls 100 stalls 100% Retail Use (1:200) Based on the above figures, the Thomas Building and Asbell Building #4 shall meet the minimum number of required parking for a 100% office occupancy. However, Asbell Building #1 shall not be permitted a full office occupancy and none of the existing buildings shall be permitted a full retail occupancy. These use ratios shall be monitored by the Planning & Zoning Department on a tenant improvement, application-by-application basis. Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 5 SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (C-G) General Retail and Service Commercial 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 ~7-~oca~ ,2001. City Clerk APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this/~day of ~.~'~[~ , 2001. Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 6 STATE OF IDAHO,) : SS, County of Ada. ) Onthis [¢ dayof ~20~ ,beforeme, t.h~e~u.n~dersigned, a Notary Public in and for said State7 personally [ppeared ROEEP~ D. CO .... and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged 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) N O 2~AR~R IDAHO RESIDING AT: ~ MY COMMISSION EXPIRES: ~ m sg~Z:\Wo r k~/KMeridian~i eridian 15360M~ASBELL-RZ006XlEZOrdinance Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE- 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. ~/T q,9[ $oassed by the City Council of the City of Meridian, on the t/~3~'/~ day of ~,7~rt~,v-crff o / , is a true and correct cop of the original of said document which is in the ~' care, custody and conCiot~P~h~,£ :y Clerk of the City of Meridian. STATE OF IDAH£ County of Ada, : SS. ) ffWILLIAM G. BERG, JR. On this [ {OTb--- day of (~lLqq~a/tt'~, in the year '2-001 , before me, ~Wa[[0Ul ~ ,~t.y~"",.~ ~ 0 , a Notary Public, appeared WILLIAM G. BERG,)'R., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclcnowledged to me that City of Meridian. he executed the sarg,~'~).'_.~f the N daho,: Commission Expires: msg\Z:\Wo r k~VBlvle ridian~dVl e ridian 15360b/BASBEI~-RZO06\Cer tificationO fClerldKZOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-00-006 JL 30Y'ld oIIg~B N (D ,80'8H. LU M,H..I. 8oOOS ,Gg' !,9Z -3.H,,!,goOON Z I a~ RAO~9 lSf]OOq