01-918 RZ Devlin Place 2 00-008 (101069698)ADA COUNTY RECORDER
J. DAVID NAVAI~RO
B~tSE, iDAHO
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FF.E_ ~ _OEPVTY~
I 01069698
CiTY OF MERIDIAN
ORDINANCE NO. O1-.__~t~
AN ORDINANCE FINDING THAT DAN WOOD IS THE OWNER OF
CERTAIN REAL PROPERTY HAVE MADE A WRITTEN REQUEST FOR
REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY ON
THE NORTH SIDE OF CHERRY LANE, EAST OF TEN MILE ROAD,
MERIDIAN, IDAHO, THAT LIES WITHIN THE BOUNDARIES OF THE
CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) ZONING
DISTRICT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) AS DEFINED
UNDER MERIDIAN CITY CODE § 1 1-7-2 C, 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 L-O (Limited Office) District
to R-4 (Low Density Residential) District as defined under
Meridian City Code § 11-7-2 C; and
Dan Wood / (R-4) RZ-00-008 / RE-ZONE ORD[NANCE - 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
conclusions 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:
A parcel of land being a portion of the Southwest 1/4 of Section 2, T.3N.,
R. 1W., B.M., Ada County, Idaho, and more particularly described as follows:
Commenting at a brass cap marking the Southwest corner of Section 2, T.3N.,
R. lW., B.M., Ada County, Idaho; thence South 88°38'31" East, 1,326.75 feet
along the Southerly boundary of said Section 2 to a 5/8" iron pin marking the
West 1/16th corner of said Section 2; thence leaving said Southerly boundary
North 00°17'24" East, 344.01 feet along the West 1/16th line and also being
an extension of the Easterly boundary of Sunburst Subdivision No. 2 as filed
in Book 60 at page 5894 of Plats, Records of Ada County, the REAL POINT
OF BEGINNING;
thence continuing along said 1/16th line and Easterly boundary North
00017'24'' East, 543.00 feet to a 5/8" iron pin marking the Southwest corner of
Devlin Place Subdivision as filed in Book 77 at page 8079, Records of Ada
County, Idaho;
thence leaving said 1/16th line and Easterly boundary South 89°42'36" East,
414.65 feet along the Southerly boundary of said Devlin Place Subdivision to
a 5/8" iron pin marking the Southeast corner of said subdivision, said pin also
being on the Westerly boundary of Sunnybrook Farms No. 1 as filed in Book
44 at page 3609, Records of Ada County;
thence leaving said Southerly boundary South 00°17'24" West, 543.00 feet
along said Westerly boundary to a point;
Dan Wood / (R-4) RZ-00-008 / RE-ZONE ORDINANCE - 2
thence leaving said Westerly boundary North 89042'36'' West, 414.66 feet to
the REAL POINT OF BEGINNING.
Said parcel contains 5.17 acres, more or less.
1. The following conditions shall be required as follows to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
4.I
4.2
4.3
The subject lot can be adequately served by public facilities and
the proposed uses will allow for orderly expansion of the city
limits, as this is an infill parcel.
The existing Development Agreement, Instrument No.
98031450, must be modified as a condition of rezone.
Specifically, items 2 a-e, page 2, must be modified to reflect the
change of land uses.
The existing Conditional Use Permit must be revoked by City
Council in conformance with Section 11-17-9 of the Meridian
City Code. To do this, Council must notify the permit holder
(D.D. & F.) of their intention to revoke the permit and provide
D.D. & F. with the opportunity to contest the revocation. If
D.D. & F. contests the revocation, a public hearing must be held.
If D.D. & F. has no objection, Council would direct the City
Attorney to prepare findings of fact and conclusions of law to
revoke the Conditional Use Permit.
4.4
Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plm~s. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Worlcs Department. No variances have been requested for tiling
Dan Wood / (R-4) RZ-00-008 / RE-ZONE ORDINANCE z 3
of any ditches crossing this project.
4.5
Any existing domestic wells and/or septic systems within this
project shall be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such
as landscape irrigation.
4.6
Provide five-foot-wide sidewalka in accordance with City
Ordinance.
4.7
All construction shall conform to the requirements of the
Americans with Disabilities Act.
Adopt the Recommendations of the Meridian Fire Department as follows:
4.8
Street name signs and roads shall be installed before building is
started.
Adopt the Recommendations of the Ada County Highway District as follows:
4.9
Extend Gemstone Drive into the site at the east property line
between Lot 9, Block 1 and Lot I Block 5, as proposed, and
connect it to Gemstone Drive at the west property line bet~veen
Lot 13, Block 1 and Lot 13, Block 5.
4.10
Extend Higan Street into the site at the north property line as
proposed to connect to the proposed Gemstone Drive. Construct
Higan Street as a 29-foot street section as proposed, within 42-
feet of right-of-way with parking prohibited on one side. Parking
shall be restricted on one side of the roadway. A signage plan
shall be submitted for review and approval by Planning and
Development staff.
4.11
Any proposed landscape islands/medians within the public right-
of-way dedicated by this plat shall be owned and maintained by a
Dan Wood / (R-4) RZ-00-008 / RE-ZONE ORDINANCE - 4
4.12
4.13
homeowners association. Notes of this shall be required on the
final plat.
Unless otherwise approved, the applicant shall be required to
construct all public roads, within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot wide concrete sidewalks
within 50-feet of right-of-way.
Construct the turnaround to provide a minimum turning radius
of 45-feet.
4.14
Utility streets cuts in pavement less than five years old are not
allowed unless approved in writing by the District. Contact
Construction Services at 387-6280. (with file numbers) for
details.
4.15
A request for modification, variance or waiver of any requirement
or policy oudined herein shall be made in writing to the ACHD
Planning and Development Supervisor. The request shall
specifically identify each requirement to be reconsidered and
include a written explanation of why such a requirement would
result in a substantial hardship or inequity. The written request
shall be submitted to the District no later than 9:00 a.m. on the
day scheduled for ACHD Commission action. Those items shall
be rescheduled for discussion with the Commission on the next
available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day
scheduled for Commission action do not provide sufficient time
for District staff to remove the item from the consent agenda and
report to the Commission regarding the requested modification,
variance or waiver. Those items will be acted on by the
Commission unless removed from the agenda by the
Commission.
Dan Wood / (R-4) RZ-O0-O08 / RE-ZONE ORDINANCE - 5
4.16
the
action,
heard.
After ACHD Commission action, any request for reconsideration
of the Commission's action shall be in writing to the Planning
and Development Supervisor within six days of the action and
shall include a minimum fee of $1 ]0.00. The request for
reconsideration shall specifically identify each requirement to
be reconsidered and include written documentation of data that
was not available to the Commission at the time of its original
decision. The request for reconsideration will be heard by
District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the
the applicant will be notified of the date and time of the
Commission meeting at which the reconsideration will be
4.17
Payment of applicable road impact fees are required prior to
building construction in accordance with Ordinance # 193, also
known as Ada County Highway District Road Impact Fee
Ordinance.
4.18
4.19
4.20
4.21
All design and construction shall be in accordance with the Ada
County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein.
An engineer registered in the State of Idaho shall prepare and
certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior
to issuance of building permit (or other required permits), which
incorporates any required design changes.
Construction, use and property development shall be in
conformance with all applicable requirements of the Ada County
Highway District prior to District approval for occupancy.
It is the responsibility of the applicant to verify all existing
Dan Wood / (R-4) RZ-00-008 / RE-ZONE ORDINANCE - 6
utilities within the right-of-way. Existing utilities damaged by the
applicant shall be repaired by the applicant at no cost to ACHD.
The applicant shall be required to call DIGLINE (1-800-342-
1585) at least two full business days prior to brealdng ground
within ACHD right-of-way. The applicant shall contact ACHD
Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of
construction.
4.22
No change in the terms and conditions of this approval shall be
valid unless they are in writing and signed by the applicant or the
applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden
shall be upon the applicant to obtain written confirmation of any
change from the Ada County Highway District.
4.23
Any change by the applicant in the planned use of the property
which is the subject of this application, shall require the applicant
to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant
or its successors in interest advises the Highway District of its
intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in
use is sought.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
4.24
The Nampa & Meridian Irrigation District's Rutledge Lateral
courses along the south and west boundaries of the above-
mentioned proposed proiect. The easement of the Rutledge
Lateral must be protected.
SECTION 2. That the above-described Property be, and the same is hereby re-
Dan Wood / (R-4) RZ-00-008 / RE-ZONE ORDINANCE - 7
zoned and designed (R-4) Low 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.
3thPASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this ff~ day of ~-/~-~-- ,2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, this ~"-'~;- day of ~ ,2001.
City Clerk
.4'
Dan Wood / (R-4) RZ-00-008 / RE-ZONE ORDINANCE - 8
STATE OF IDAHO,)
County of Ada.
: SS.
On this ~ day of ~ , ~[, before me, the undersigned, a
Notary Public in and for said State, pcqqonally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, IR., known to me to be the Mayor and City Clerk 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 PUBLI~ F(~g,I_I)AHJO
R SIDIN C ,'
MY COMMISSION EXPIRES:
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Dan Wood / (R-4) RZ-O0-008 / RE-ZONE ORDINANCE - 9