04-1093 RZ Tiburon Meadows Sub 04-007 (104112891)
ADA CDUNTY RECORDER J, DAVID NAVARRO AMOUNT ,00 10
BOISE IDAHO 09/01/04 01:51 PM
~~~~Ã~E~:a~~~~~~ OF 1111111111111111111111111111111111111
Meridian Cily 104112891
CITY OF MERIDIAN
ORDINANCE NO. 04- IOQ3
AN ORDINANCE FINDING THAT THE OWNERS, STONEHOUSE EVANGELICAL
CHURCH AND GRETA HUlT, TRUSTEE FOR THE HUlT 1992 REVOCABLE TRUST,
FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR
REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED
AT 1450 AND 1460 NORTH TEN MILE ROAD, APPROXIMATELY Y, MILE SOUTH
OF THE SOUTHEAST INTERSECTION OF TEN MILE ROAD AND CHERRY LANE,
MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY
OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING
DISTRICT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT), R-8 (MEDIUM
DENSITY REsIDENTIAL DISTRICT) AND L-O (LIMITED OFFICE DISTRICT) AS
DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 C, D, AND G
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 a re-zone of the zoning classification for the subject Real Property
herein described from R-4 (Low Density Residential) District to R-4 (Low
Density Residential) District, R-8 (Medium Density Residential) District,
and L-O (Limited Office District) as defined under Meridian City Code §
11-7-2 C,D andG; and
TIBURON MEADOWS SUBDMSION (R-4), (R-8), (L-O)
RZ-O4-007 / RE-ZONE ORDINANCE
PAGE 1 OF7
LEGAL DESCRIPTION FOR
TIBURON SUBDIVISION
(SARGENT DESCRIPTION)
JOB NO. 04025 4/13/2004
Land in the NWl/4 NWl/4 of Section 11, T3N, RIW, B.M., City of Meridian, Ada County,
Idaho, described as follows:
COMMENCING at the Northwest Comer of said Section 11;
thence, along the West Line of said Section 11, South 0°25'27" West, a distance of 600.00 feet,
to the Northwest Comer of the first parcel ofland described in Warranty Deed, Ins!. No.
7747995;
thence along the North Line of said parcel, South 88°37'46" East, a distance of 322.29 feet, to
the POINT OF BEGINNING;
thence continuing along said North Line, South 88°37'46" East, a distance of 404.00 feet, to a
point on the West Line of Haven Cove No.3 Subdivision, in book 66 at page 6737, Ada County
Plat records;
thence along said West Line, and the West Line of Haven Cove No.4 Subdivision, as per the plat
thereof in book 69, at page 7061, Ada County Plat records,
South 00°25'56" West, a distance of 724,93 feet, to a found 5/8 inch rebar marking the
Southwest Corner thereof, also being a point on the South Line of said NWl/4NWl/4, Section
11;
thence along said South Line, North 88°54'06" West, a distance of389,55 feet, to a point on the
Centerline of the Eight Mile Lateral;
thence along said Centerline, North 41 °46'37" West, a distance of38.49 feet;
thence North 01 °22'14" East, a distance of698.60 feet, to the POINT OF BEGINNING.
Containing 6.82 acres, more or less.
Together with a common access to Ten Mile Road, to be granted from the Church and Huit
Parcels, as shown on preliminary pia!.
TIBURON MEADOWS SUBDIVISION (R-4), (R-8), (L-O)
RZ-O4-007 / RE-ZONE ORDINANCE
PAGE 2 OF 7
TIBURON SUBDIVISION
(HUIT DESCRIPTION)
JOB NO. 04025 4/13/2004
Land in the NWl/4NWl/4 of Section 11, T3N, RIW, B.M., City of Meridian, Ada County,
Idaho, described as follows:
COMMENCING at the Northwest Comer of said Section 11;
thence, along the West Line of said Section 11, South 0°25'27" West, a distance of 600.00 feet,
to the Northwest Comer of the first parcel ofland described in Warranty Deed, Ins!. No.
7747995, and the POINT OF BEGINNING;
thence along the North Line of said parcel, South 88°37'46" East, a distance 0009.30 feet;
thence South 01 °22' 14" West, a distance of 112.30 feet;
thence South 46°01' 58" East, a distance of 17.66 feet, to the South Line of said first parcel of
land described in Warranty Deed, Ins!. No. 7747995;
thence along said South Line, North 88°37'46" West, a distance of 320.25 feet, to a point on the
West Line of said Section 11;
thence along said West Line, North 00°25'27" East, a distance of 124.27 feet, TO THE POINT
OF BEGINNING.
Subject to: a 48 foot wide right-of-way for Ten Mile Road along the West side, and a 349 sq. ft.
area for a proposed common roadway in the southeast comer as shown on the preliminary plat.
Containing 0.88 acres or 38380 square feet gross, and 0.71 acres or 30,914 square feet net (less
road rights-of-way), more or less.
TffiURON SUBDIVISION
ZONE L-O DESCRIPTION
JOB NO. 04025 7/20/2004
Land in the NWl/4NWl/4 of Section 11, T3N, RIW, B.M., City of Meridian, Ada County,
Idaho, described as follows:
COMMENCING at the Northwest Comer of said Section 11;
thence, along the West Line of said Section 11, South 0°25'27" West, a distance of 724.27 feet,
to the Southwest Comer of the first parcel ofland described in Warranty Deed, Ins!. No.
TIBURON MEADOWS SUBDIVISION (R-4), (R-8), (L-O)
RZ-O4-007 1 RE-ZONE ORDINANCE
PAGE 3 OF 7
7747995, and the POINT OF BEGINNING;
thence along the South Line of said parcel, South 88°37'46" East, a distance of320.25 feet;
thence South 01 °22'14" West, a distance of 574.35 feet, to a point on the Centerline of the Eight
Mile Lateral;
thence along said Centerline, North 41 °46'37" West, a distance of 462.56 feet, to a point on the
West Line of said Section 11;
thence along said West Line, North 00°25'27" East, a distance of236.90 feet, TO THE POINT
OF BEGINNING.
TOGETHER WITH the following described parcel:
COMMENCING at the Northwest Comer of said Section 11;
thence, along the West Line of said Section 11, South 0°25'27" West, a distance of 600.00 feet,
to the Northwest Comer of the first parcel ofland described in Warranty Deed, Ins!. No.
7747995, and the POINT OF BEGINNING;
thence along the North Line of said parcel, South 88°37'46" East, a distance of 162.90 feet;
thence South 01 °22'14" West, a distance of 124.25 feet, to the South Line of said first parcel of
land described in Warranty Deed, Ins!. No. 7747995;
thence along said South Line, North 88°37'46" West, a distance of 160.86 feet, to a point on the
West Line of said Section 11;
thence along said West Line, North 00°25'27" East, a distance of 124.27 feet, TO THE POINT
OF BEGINNING.
Subject to: a 48 foot wide right-of-way for Ten Mile Road along the West side, a 30 foot wide
right-of-way for the Eight Mile Lateral along the southwesterly side, and a road right-of-way and
a, utility and access easement benefiting the parcels to the Eas!.
Containing 3.42 acres gross, and 2.99 acres net (less 10 Mile Road right-of-way), more or less.
2.
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 which
conditions and requirements Applicant shall comply; and
TIBURON MEADOWS SUBDIVISION (R-4), (R-8), (L-O)
RZ-O4-007 1 RE-ZONE ORDINANCE
PAGE 4 OF 7
3.
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-4) Low Density Residential District, (R-8) Medium Density Residential District, and
(L-O) Limited Office 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 ~
day of Aulp:;,¡"
, ~ and that the uses are to be developed under the planned unit
development process and conditional use permit process.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
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
~ rot day of ~, 2004.
TIBURON MEADOWS SUBDMSION (R-4), (R-8), (L-O)
RZ-O4-O07 1 RE-ZONE ORDINANCE
PAGE 5 OF 7
A~tlWVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
~ day of ~, 2004.
~~
Ma or
Attest:
STATE OF IDAHO, )
: ss.
County of Ada.
On this 3rJ. day of A~I.t.~ f- ,2004,
before me, the undersigned, a Notary Public in and for aid 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.
TIBURON MEADOWS SUBDIVISION (R-4), (R-8), (L-O)
RZ-04-007 1 RE-ZONE ORDINANCE
PAGE 6 OF 7
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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TIBURON MEADOWS SUBDIVISION (R-4), (R-8), (L-O)
RZ-04-007 1 RE-ZONE ORDINANCE
PAGE 7 OF 7
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