Sheryl 4-Plex RZ-13-017CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN~-
~J
In the Matter of the Request for Rezone of 0.54 of an Acre from the L-O to the TN-R Zoning
District for Sheryl 4-Plex, Located at 3150 W. Sheryl Drive, by JTC Inc. or Assigns.
Case No(s). RZ-13-017
For the City Council Hearing Date of: January 21, and 28, 2014 (Findings on February 11, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 28, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 28, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 28,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 28, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-017
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 28, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for rezone is hereby approved with the requirement for a development
agreement that includes the provisions in the attached Staff Report for the hearing date of
January 28, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of January 28, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-017
-2-
/~
By action of the City Council at its regular meeting held on the ~ day of l
2014. '
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tamrr~}~~ e Weerd
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
Bye- ~ Dated: ~- 1?~-
City... _ erk is
~/
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-017
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
January 28, 2014
(Continued from January 21, 2014)
E IDIAN~-
IDAHQ
SUBJECT:
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
RZ-13-017 -Sheryl 4-Plea
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, JTC Inc. or Assigns, has submitted an application for a rezone (RZ) of 0.54 of an acre
of land from the L-O (Limited Office) to the TN-R (Traditional Neighborhood -Residential) zoning
district. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ application as requested by the applicant, based on
the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zonin Commission heard this item on December 19, 2013. At the
public hearing, the Commission moved to recommend denial of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: James Gibson; Tyler Johnson; Jake Conklin
ii. In opposition: Philip Zaluska; Ronald Arndt
iii. Commenting: None
iv. Written testimony Tyler Johnson (in agreement with staff report); and Philip Zaluska;
Cindie Green; Judith Strike; Judith Titus; Ronald & Brenda Arndt; Don & Pat
Baumback; Edward & Patricia Brown; Terry Veis; "Tiburon Meadows resident"; and
a petition signed by residents of Tiburon Meadows Subdivision, all in opposition.
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. The testimony provided by the neighbors in opposition to the application largely based
on traffic concerns, concern the site is too small for the proposed development,
incompatibility with existing residential uses, and 2-story height of the proposed
structure; and
ii. The appropriateness of keeping the property zoned L-O for possible future development
of an office vs rezoning the site to accommodate the proposed multi-family
development.
c. Kev Commission Change(s) to Staff Recommendation:
i. The Commission voted 3 to 1 to deny the applicant's reauest because they felt the
existing zoning is more appropriate for the subject property than that proposed by the
applicant.
d. Outstanding Issue(s) for City Council:
i. None
Sheryl 4-Plex RZ-13-017 PAGE 1
EXHIBIT A
~_ Summary
1~ I fav of City Council P
or: Todd Lakey, ublic Hearing:
~~plicant's Re
presentative: Marty Camberlan~o: Tyler
John
1L In4n son; .Take Conl lip
nosition: Ronald ; Mike Conklin
Arndt~Don & P ; Chuck Story.
at Baumback;~hil & Joan Zaluska_; Harold
$aym ond; Ruth Heiser ;~dy Strike; Terry & Peppy Veis: Jared & Jenav Monta
jji, Com
jy~ Writt menting: None
en tes imnny: To
dd L.akey, Annl
icant's Representative: and. Cindie Green: a
netiti nn igned by r cid ent of Tiburon Meadows Sub. (reauestinu Council uphold the
Com mission's recomm endation of den ialL Ronald & Brenda Arndt• Edward Brown;
and P hilip .al ~cka -a ll in oppocition: and Thomas Coleman (property owner to the
south ) - in favor• Al M arino of Thornt on Oliver Keller Commercial Real Estate also
~
~, subm
y~ Staff
yi: Othe
KgY Tssu
y om
Icy Cou
i. The itted comments.
presentin,g~,nnlic
r staff commentin
es of Discussion b
natibility of the pr
ncil Changes to C
City Council voted
ation: Sonya W
g on application
y Council:
oposed zoning
ommission Rec
unanimously t
afters
: None
and use with the Comprehensive Plan.
ommendation
o approve the RZ request.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-13-
017 as presented in the staff report for the hearing date of January 28, 2014, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-13-017 as
presented during the hearing on January 28, 2014, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number RZ-13-017 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 3150 W. Sheryl Drive on the northeast corner of N. Ten Mile
Road and W. Sheryl Drive, in the NW '/< of Section 11, Township 3 North, Range 1 West.
B. Owner(s):
Huit 1992 Revocable Trust
7461 W. Ustick Road
Nampa, ID 83687
C. Applicant:
JTC Inc. or Assigns
Shery14-Plex RZ-13-017 PAGE 2
EXHIBIT A
c/o Jake Conklin
1099 S. Wells
Meridian, ID 83642
D. Representative:
Tyler Johnson
1099 S. Wells
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
C. Newspaper notifications published on: December 2, and 16, 2013 (Commission); December 30,
2013 and January 13, 2014 (City Council)
D. Radius notices mailed to properties within 300 feet on: November 22, 2013 (Commission)s
December 27, 2013 (City Council)
E. Applicant posted notice on site by: December 1, 2013 (Commission)• and January 11 2014 (City
Councils flhe applicant updated the sign on January 17 2014 for the continued hearing date of
January 28. 2014.)
VI. LAND USE
A. Existing Land Use(s) & Zoning: The site is vacant and is zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Church, zoned R-4
2. East: Single-family residential properties, zoned R-4 & R-8
3. South: Church and office (under construction), zoned L-O
4. West: N. Ten Mile Road and grocery store (Albertson's), zoned C-N
C. History of Previous Actions:
• In 2004, the subject property was rezoned (RZ-04-007) to L-O with a development
agreement (Instrument No. 104112889).
• In 2005, the subject property was included in a final plat for Tiburon Meadows
Subdivision as Lot 1, Block 1.
D. Utilities:
1. Public Works:
a. Location of sewer: A 6-inch diameter sanitary sewer is stubbed to this property from W.
Sheryl Drive.
b. Location of water: A 2-inch diameter water service is stubbed to this property from W.
Sheryl Drive.
c. Issues or concerns: None
Shery14-Plex RZ-13-017 PAGE 3
EXHIBIT A
E. Physical Features:
1. Canals/Ditches Irrigation: There are no waterways that cross this site.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: This site does not lie within a floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Mixed Use -Community (MU-C) on the Comprehensive Plan Future
Land Use Map (FLUM). The purpose of this designation is to allocate areas where community-
serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a
variety of uses, including residential, and to avoid mainly single-use and strip commercial type
buildings.
A multi-family development consisting of one 4-plex structure is proposed to develop on the site. A
multi-family development is a principally permitted use in the proposed TN-R zoning district and is
compatible with MU-C designated areas. The proposed four-plex will add to the mixed use character
of this area which already includes two churches, an office building (under construction), a grocery
store, a credit union, a medical complex and single family homes.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the existing office use (staff analysis in italics):
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
Access for this property is provided via W. Sheryl Drive, a local street; no access to N. Ten Mile
Road, an arterial street, is proposed or approved.
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-
family arrangements) and choices between ownership and rental dwelling units for all income
groups in a variety of locations suitable for residential development." (3.07.03B)
The proposed multi family residential development will contribute to the variety of housing types
available within this part of the City.
• "Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.O1F)
This site is currently in the City and urban services were stubbed to this property with the
development of Tiburon Meadows Subdivision.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F)
The proposed residential use of the property should be compatible with adjacent residential,
church, commercial, and office uses.
• "Encourage infill development." (3.01.02B)
The subject property is surrounded by property that has been developed in the City. The rezone
and development of this vacant property will allow city services to be extended to the site as
intended and provided for.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2D-1A, the purpose of the TN-R district is to provide
for a variety of residential land uses including attached and detached single-family residential,
Shery14-Plex RZ-13-017 PAGE 4
EXHIBIT A
duplex, townhouse, and multi-family. A TN-R district includes open spaces and promotes
pedestrian activity through well designed and varied streetscapes that also provide for the safe
and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys.
The maximum density of the TN-R district is fifteen (15) units per acre. The minimum density is
eight (8) units per acre. Density should decrease away from the center and closer to conventional
residential districts. The TN-R district should be generally located adjacent to a TN-C district,
along a transit corridor, or within a mixed use neighborhood. For the purposes of this title, the
term residential district shall also include the traditional neighborhood residential district.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the TN-R zoning district. Any use
not explicitly listed, or listed as a prohibited use is prohibited. A multi family development is
listed as a principally permitted use in the TN-R zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2D-6 for the TN-R zoning district.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ):
This site consists of 0.31 of an acre (0.54 of an acre including adjacent street right-of--way to the
centerline/section line) of land currently zoned L-O. The applicant proposes to rezone the
property to TN-R, consistent with the Comprehensive Plan Future Land Use Map designation of
Mixed Use -Community for this site. There are no structures on the site.
Conceptual Development Plan: The applicant submitted a conceptual site development plan and
building elevations showing how the site is proposed to develop with one (1) 4-plea structure.
The proposed density of 12 units per acre falls within the range of 8-15 units per acre required in
the TN-R zone. The structure will contain a mix of 2 and 3 bedroom units. A small playground
area and an enclosed bicycle parking area are planned as amenities. Fencing (6' tall vinyl) is
depicted along the north and east boundaries of the site.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for
approval of the proposed use and to ensure compliance with UDC standards prior to issuance of
building permits.
Design Review: A design review application is required to be submitted concurrently with the
CZC application for approval of the site design and future structure on the site to ensure
compliance with the design standards listed in UDC 11-3A-19 and the design guidelines
contained in the Meridian Design Manual.
Development Agreement: Development of this site is governed by a development agreement
(DA) (Instrument No. 104112889) that was approved as part of the rezone of the subject properly
to L-O (and the adjacent property to R-8) in 2004. The agreement encompasses all of Tiburon
Meadows Subdivision which consists of 42 residential lots, the subject lot, and two L-O zoned
lots south of W. Sheryl Drive.
The only provision in the current DA that applies to the subject property requires the garage on
the site to be demolished; or, Lots 1 and 2 to be combined into one lot. The garage has been
removed from the site as required.
Shery14-Plex RZ-13-017 PAGE 5
EXHIBIT A
The City may require a DA in conjunction with a rezone pursuant to Idaho Code section 67-
6511A. In order to ensure the site develops as proposed with this application, staff recommends a
new DA is required as a provision of the rezone with the provisions included in Exhibit B.
Staff recommends approval of the proposed RZ application with the requirement of a
development agreement in accord with the comments listed in this report based on the findings in
Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Conceptual Development Plan, Floor Plan and Building Elevations
B. Agency Comments
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Rezone Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Shery14-Plex RZ-13-017 PAGE 6
EXHIBIT A
Exhibit A.1: Vicinity Map
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Sheryl 4-Flex R7_-13-017 PAGE 7
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EXHIBIT A
Exhibit A.2: Conceptual Development Plan, Floor Plan and Building Elevations
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Shery14-Plex RZ-13-017 PAGE 8
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EXHIBIT A
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Shery14-Plex RZ-13-017 PAGE 9
EXHIBIT A
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Shery14-Plex RZ-13-017
PAGE 10
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Shery14-Plex RZ-13-017
PAGE 11
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EXHIBIT A
Exhibit B: Agency Comments
1. PLANNING DIVISION
1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant
shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the
property owner and returned to the city within two (2) years of the City Council granting the
rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior
to commencement of the DA. The DA shall, at minimum, incorporate the following provisions:
a. Direct lot access to N. Ten Mile Road is prohibited in accord with UDC 11-3A-3.
b. A 25-foot wide street buffer is required along N. Ten Mile Road and shall be landscaped in
accord with the standards listed in UDC 11-3B-7C.
c. The subject property shall develop with one (1) residential four-plex structure generally
consistent with the conceptual development plan and building elevations shown in Exhibit
A.2.
d. Development of the site shall comply with the design standards listed in UDC 11-3A-19 and
the design guidelines contained in the Meridian Design Manual.
e. Development of this site shall comply with the dimensional standards listed in UDC Table
11-2D-6 for the TN-R zoning district and the specific use standards listed in UDC 11-4-3-27
for multi-family developments.
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.1.1 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.1.3 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.1.4 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.1.5 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
Shery14-Plex RZ-13-017 PAGE 12
EXHIBIT A
2.1.6 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.1.7 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.1.8 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.9 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.10 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.11 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.1.12 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.1.13 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.1.14 At the completion of the project, the applicant shall be responsible to submit record drawings for
any new public infrastructure per the City of Meridian AutoCAD standards. These record
drawings must be received and approved prior to the issuance of a certification of occupancy for
any structures within the project.
2.1.15 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comment on this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comment on this application.
5. REPUBLIC SERVICES
5.1 The applicant shall coordinate with Republic Services to determine an appropriate location for the
trash enclosure.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comment on this application.
Shery14-Plex RZ-13-017 PAGE 13
EXHIBIT A
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Comply with all ACRD Standard Conditions of Approval (attached) as well as all ACRD
Policies.
7.2 Prior to the construction, repair, or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.), a permit must be obtained from ACRD.
Shery14-Plex RZ-13-017 PAGE 14
EXHIBIT A
Exhibit C: Rezone Legal Description & Exhibit Map
DEESCRIPTION FOR
REZONE AT LOT 1, BLOCK 1, TIBURON MEAD01N8 BUB~VIStON
Novelrber 6, 2013
A PARCEL OF LAND BEING LOT 1, BLOCK 1, TIBIlRON MEADOWS SUBDIVISION AS RECORDED
IN BOOK 91, PAGE 10789, ADA COUNTY RECORDERS AND PORTIONS OF ADJACENT RIGHT OF
WAY, LOCATED IN THE NW Y. OF THE NW Y. IN SECTION 11, TOWNSHIP 3 NORTH, RANGE 1
WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTIfWEST CQRNER OF SECTION 11, T.3 N., R.1 W., B.M.;
THENCE S 00'2b'27" W 800.00 FEET ALON{i THE WEST LINE OF SAID SECTK3N 11 TO THE
INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF TIBURON MEADOWS
SUBDIVISION EXTENDED,THE REAL PAINT OF 6EOINNINt~i OF THIS DESCRIPTION;
THENCE S 1;!3'37'46" E 162.90 FEET TO THE NORTHEAST COItNEIR OF LOT 1, BLOCK 1, TIBLIftON
MEADOWS SUDIVlSION;
THENCE S 01'22'14" W 145.25 FEET ALONG THE EAST LINE OF SAID LOT 1 EXTENDED TO A POINT ON
TlfE CENTER LINE Of W. SHERYL DRIVE;
TFIENCE N 88'37'46" W 160.50 FEET ALONG SAID CENTER LINE TO A POINT Ohl THE 1Ni:5T LINE Ol: SAID
SECTION 11;
THENCE N 00'25'27" E 145.27 FEET TO ALONG SAID WEST LINE TO THE
THIS DESCRIPTION, CONTAINING 0.54 ACRES, MORE Olt LESS.
Of. ~6NG OF
Shery14-Plex RZ-13-017 PAGE 15
EXHIBIT A
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REZONE DE~CRIPT~N FlOR JTC ANC.
LpT i. BLACK 1 OF ?1~~N w1EADOMES SUOMSIWd, LYIMO MI TF~ NW 1/4 OF
TFiE NW 1/4 OF SEC. i t. T3N.. R1W.. B.W.. CRY OF i11N, J1QA OOt1NTY. E#Ati0.
Shery14-Plex RZ-13-017 PAGE 16
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EXHIBIT A
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant a rezone, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the requested map amendment to TN-R is consistent with the
provisions of the Comprehensive Plan per Exhibit VII of the staff report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the requested map amendment to the TN-R zoning district is
generally consistent with the purpose statement of the district in that it will contribute to the
variety of residential land uses available within the City.
c. The map amendment shall not be materially detrimental to the public health, safety,.
and welfare;
The City Council finds that the requested zoning amendment will not be detrimental to the
public health, safety, or welfare and finds the proposed TN-R zoning appropriate for this
property.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the requested zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (iTDC 11-SB-3.E).
This finding is not applicable as the request is for a rezone, not annexation.
Shery14-Plex RZ-13-017 PAGE 17