Z - 21-1947 TM Creek Apartments Phase 3 (H-2021-0035) (2021-134542) ADA COUNTY RECORDER Phil McGrane 2021-134542
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/13/2021 01:28 PM
CITY OF MERIDIAN, IDAHO NO FEE
CITY OF MERIDIAN ORDINANCE NO. 21-1947
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
AN ORDINANCE (H-2021-0035 TM CREEK APARTMENTS PHASE 3) FOR REZONE OF
PART OF THE NW 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND
USE ZONING CLASSIFICATION OF 5.58 ACRES OF LAND FROM TN-C
(TRADITIONAL NEIGHBORHOOD CENTER) ZONING DISTRICT TO C-G (GENERAL
RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT IN THE MERIDIAN CITY
CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH
THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO
STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A
SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said
property, to-wit: Brighton Corporation.
SECTION 2. That the above-described real property is hereby re-zoned from TN-C
(Traditional Neighborhood Center) Zoning District To C-G (General Retail and Service Conunercial)
Zoning District in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws
of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the
City of Meridian in accordance with this ordinance.
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repealed, rescinded and annulled.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 from and after its passage, approval.
and publication, according to law.
RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035
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 of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada,
State of Idaho, 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 of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half(1/2)plus one(1)of the Members
of the full Council,the rule requiring two(2) separate readings by title and one(1)reading in full be, and
the same is hereby, dispensed with, and accordingly,this Ordinance shall be in full force and effect upon
its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7th
day of September 2021.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of
September 2021.
MAYOR ROBERT E. SIMISON
ATTEST:
CHRIS JOHNSON, CITY CLERK
STATE OF IDAHO, )
) ss:
County of Ada )
On this 7th day of September , 2021, before me, the undersigned, a Notary Public in and for said State,
personally appeared ROBERT E. SIMISON and CHRIS JOHNSON 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 above
written.
Notary Public for Idaho
Residing At: Meridian,Idaho
My Commission Expires: 3-28-2022
RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035 PAGE 2 OF 3
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 of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada,
State of Idaho, 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 of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half(1/2)plus one(1)of the Members
of the full Council,the rule requiring two (2) separate readings by title and one (1)reading in full be, and
the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon
its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7th
day of September 2021.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of
September 2021.
:::�)
MAX"Ok ROBERT . SI ISON
ATE
rF £yP l .»�Ioaxo
SFAL
CHRIS JOHN ',6N, CIT rr STATE OF IDAHO, )
) ss:
County of Ada )
On this 7th day of September 2021, before me, the undersigned, a Notary Public in and for said State,
personally appeared ROBERT E. SIMISON and CHRIS JOHNSON 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 above
written.
.... ......... .................. .............
CHARLENE WAS'' �
COMMISSION#f 67390
NOTARY PUBLIC � Notary Public for Idaho
STATE OF IDAHO Residing At:
Meridian,Idaho
MY Cb MISSION EXPIRES 3128122 My Commission Expires: 3-28-2022
RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035 PAGE 2 OF 3
9
LEGAL DESCRIPTION
TM Creek TN-C Zone Boundary
Part of the NW1/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho
described as:
Beginning at point being S89°09'50"E 1577.99 feet along the Section line and S00°34'40"W 294.20
feet from the northwest corner of said Section 14,
Running thence N89°25'20"W 290.60 feet;
thence N89°2649"W 287.44 feet;
thence S00°33'11"W 186.45 feet;
thence S00°00'00"W 243.81 feet to a point of a non-tangent curve;
thence along said curve to the left 7.90 feet (Curve Data: Radius=270.00 feet, Delta=l°40'33", chord bears
S89002'34"E 7.90 feet);
thence S89°52'51"E 176.26 feet;
thence N87°54'01"E 101.03 feet;
thence N89°42'19"E 41.44 feet to the east line of the NWI/4NW1/4 of said Section 14;
thence along said east line N00°34'40"E 10.00 to the north line of Ten Mile Stub Drain;
thence along said north line N89°51'06"E 249.02 feet;
thence N00°34'40"E 410.51 feet the Point of Beginning.
Parcel Contains 5.58 Acres more or less.
Basis of Bearing
North section line of the NW 1/4 of Section 14 Commencing at the Northwest corner of Section 14; thence
S89°09'50"E, a distance of 2657.99 feet to the N1/4 of Section 14
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LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1 W B.M.
ADA COUNTY, IDAHO
CURVE TABLE
CURVE# LENGTH RADIUS DELTA TANGENT CHORD BEARING
Cl 68.61 69.99 56-1O'12" 37.35 65.90 N89°26'39"W
C2 107.70 199.99 30°51'16" 55.19 106.40 S77°53'45"W
C3 92.42 199.99 26°28'40" 47.05 91.60 S80°05'03"W
C5 7.90 270.00 1°40'33" 3.95 7.90 S89°02'34"E
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SCALE:
1"=400'
POB FRANKLIN ROAD
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S89°09'50"E 1577.99'
15 14 W 1/16 SEC 14 - -
i N 1/4 SEC 14
- _ p� _a a a S189°25'20"E 290.60'
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NZ ,S89°52'51"5897 51606"W 91.9- SO°34'40"W 10.0.
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iN50°58'33"W 17.95'--// i/ I S89°11'04"E 249.00'
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LEGAL DESCRIPTION MAP FOR TM CREEK
a
CERTIFICATION OF SUMMARY .
William L.M. Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary
below is true and complete and upon its publication will provide adequate notice to the public .
William L. M . Nar , City Attom
SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 214947
An ordinance (H-2021 -0035 TM Creek Apartments Phase 3 ) for rezone of part of the NW 1/4 of Section
14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; establishing and determining
the land use zoning classification of 5 . 58 acres of land from TN-C (Traditional Neighborhood Center)
zoning district to C-G (General Retail And Service Commercial) zoning district in the Meridian City
Codes providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada
County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective
date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of
this summary.
[Publication to include map as set forth in Exhibit B .]
I
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RE-ZONE ORDINANCE - TM CREEK APARTMENTS PHASE 3 - H -2021 -003 5 PAGE 3 OF 3