HomeMy WebLinkAbout1991 04-02
AGE N D A
MERIDIAN CITY COUNCIL
APRIL 2, 1991
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD MARCH 19, 1991: (APPROVED)
1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR VACATION
OF WALKWAY EASEMENT BY STEIN & PAMELA WOOD IN SETTLERS VILLAGE: (APPROVED)
2: ORDINANCE # 548: ORDINANCE VACATING WALKWAY EASEMENT IF ITEM #1
APPROVED: (APPROVED)
3: REQUEST FOR RECONSIDERATION OF PREVIOUS ACTION REGARDING ZONING
ON LINDA ARNOLD PROPERTY (PINE COVE SUBDIVISION) ON WEST PINE: (APPROVED)
4: PUBLIC HEARING: REQUEST FOR VARIANCES MERIDIAN GREENS # 2 BY
GLENCO INC: (FINDINGS TO BE PREPARED)
5: FINAL PLAT: MISTY MEADOWS #2: (APPROVED)
6: FINAL PLAT: CHATEAU MEADOWS # 3: (APPROVED)
7: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED)
8: APPROVE PAYMENT OF THE BILLS: (APPROVED)
9: 2010 TRANSPORATION PLAN & FUNCTIONAL STREET CLASSIFICATION MAP: (APPROVED)
10: DEPARTMENT REPORTS:
MERIDIAN CITY COUNCIL
APRIL 2, 1991
The Regular Meeting of the Meridian City Council was called to order by Mayor Grant
P. Kingsford at 7:30 P.M.:
Members Present: Bob Giesler, Ron Tolsma, Bert Myers, Max Yerrington:
Others Present: Gary Smith, Wayne Crookston, Bill Gordon, Earl Ward, Jim Johnson, Moe
Alidjani, Les Schild, Norm Fuller, Chuck Fuller, Linda Arnold, Don Hubble, Stein & Pamela
Wood, Kevin Jones, K. Buemeler, Rick Orton:
MINUTES OF THE PREVIOUS MEETING HELD MARCH 19, 1991:
The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous
meeting held March 19, 1991 as written:
Motion Carried: All Yea:
ITEM #1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR VACATION OF WALKWAY EASEMENT
BY STEIN & PAMELA WOOD IN SETTLERS VILLAGE:
Kingsford: Council Members you have had those findings, are there any questions or
comments.
The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact
and Conclusions of Law for the vacation request of walkway easement by Stein & Pamela
Wood in in Settlers Village.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
ITEM #2: ORDINANCE #548: ORDINANCE VACATING WALKWAY EASEMENT IF ITEM #l APPROVED:
Kingsford: AN ORDINANCE VACATING A PORTION OF SETTLERS VILLAGE SUBDIVISION OF RECORD
IN ADA COUNTY, IDAHO, SPECIFICALLY A 15 FOOT WIDE ACCESS AND WALKWAY EASEMENT ALONG
THE NORTH END OF LOT 7, BLOCK I, AND THE 2~ FOOT WIDE ACCESS EASEMENT AS DEPICTED ON
THE PLAT OF SAID SUBDIVISION AND IN NOTE 2 ON LOT 7, BLOCK I, BOTH EASEMENTS BEING ON
LOT 7, BLOCK I, SETTLERS VILLAGE SUBDIVISION, BUT LEAVING IN TACT THE PUBLIC UTILITIES,
IRRIGATION AND DRAINAGE EASEMENTS THAT RUN CONCURRENT TO ACCESS AND WALKWAY EASEMENT;
AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #548 read in
its entirety? There was no response.
The Motion was made by Giesler and seconded by Myers that the rules and provisions of
50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance #548 be passed and approved.
Motion Carried: All Yea:
ITEM #3: REQUEST FOR RECONSIDERATION OF PREVIOUS ACTION REGARDING ZONING ON LINDA ARNOLD
PROPERTY (PINE COVE SUBDIVISION) ON WEST PINE:
MERIDIAN CITY COUNCIL
APRIL 2, 1991
PAGE 2
Kingsford: Mr. Orton and I visited on the telephone last week about the possibility
of going ahead and reconsidering having the entire portion be R-8 with restrictions
that I think meet the concerns of the Council. Mr. Orton if you'd like to come forward
and make a comment.
Rick Orton: With that explanation from the Mayor and the letter that you have in front
of you I think this is pretty self explanatory. After the last meeting my client Ms.
Arnold had a meeting with her marketing representative and it occurred to me after that
meeting that they were advising her to do the same that the Council was more or less
directing her to do with the way that they had made the previous motion. That is the
development shouldn't contain any rental or attached housing and that the development
should probably have a cap in the neighborhood of 210 units and to satisfy the market
mix as they see it in Meridian the development should have a combination of six to eight
thousand square foot lots distributed throughout it. If the Council were to reconsider
their motion and allow R-8 throughout the subdivision with these stipulations as Ms.
Arnold has put it in her letter I believe both of our needs could be satisfied. I'm
here to answer questions if there are any if there aren't I would ask that the Council
to vote in favor of the last motion make a motion to reconsider it.
Giesler: There was a remark on her letter saying that ACHD plans to overlay Pine Street
this summer, wasn't that just done?
Kingsford: They just did it to Linder, they plan to overlay from Linder to Ten Mile
this summer.
Kingsford: For your information I think that the 210 represents 4.1 units per acre
which is slightly higher than R-4 zone would have allowed.
Tolsma: The rest of the project will still be the same as you originally layed out.
Orton: Yes, if you were to grant this request reconsider your motion then the whole
development would be a mixture of 6,7 & 8 thousand square foot lots with no attached
housing, no rental units and we also agreed to a stipulation that our minimum house
size would be 1100 square feet.
Kingsford: Your concept plan same as before.
Orton: Based on the concept plan that has been put in front of you about all that would
change of any significance in the layout would be that the dashed lines which previously
denoted attached housing or rental would disappear. The mixture of lots, there would
still be some six thousand and there would be some larger eight thousands and a distibution
in between we don't think that the road plan would change significantly and certainly
the green zones and up and road right of ways there is no call for that to change.
The Motion was made by Tolsma and seconded by Giesler to reconsider the zoning on the
Linda Arnold property on West Pine as stipulated in her letter.
Motion Carried: All Yea:
Kingsford: The next item would be to approve of Ordinance #549. AN ORDINANCE ANNEXING
AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTH 1/2 OF
THE SOUTH 1/2 OF SECTION 11, T. 3N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND
PROVIDING AN EFFECTIVE DATE.
MERIDIAN CITY COUNCIL
MARCH 2, 1991
PAGE #3
Kingsford: Is there anyone who wishes Ordinance #549 read in it's entirety. No response.
The Motion was made by Myers and seconded by Yerrington that the rules and provisions
of 50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance #549 be passed and approved.
Roll Call Vote: Yerrington - Yea~ Giesler - Yea~ Tolsma - Yea~ Myers - Yea:
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: REQUEST FOR VARIANCES MERIDIAN GREENS #2 BY GLENCO INC.:
Yerrington: I have a conflict of interest I will be stepping down.
Kingsford: I will open the Public Hearing on the variance request for Meridian Greens
#2 by Glenco Inc.. The variance includes three issues, the street lighting, the block
length of a culdesac and the irrigation. After having a discussion with the developer
we are going to stay with the irrigation as it was.
Don Hubble, Hubble Engineering, 3952 Daisy Way, was sworn by the attorney.
Hubble: In regards to the culdesac length we are asking for a variance for that in
amount of approximately 70 feet. We are asking for one that is 520 to 530 and we are
willing to install the appropriate fire hydrants in order to meet the fire requirements.
In regards to the street lights, what we propose to do with this is to install street
lights at the street intersections.
Kingsford: And you are going to require that the yard lights still be on.
Hubble: Yes.
Kingsford: Anyone else to testify on this issue, hearing no response I will close the
Public Hearing.
Giesler: The yard lights would be on photo cell, correct?
Kingsford: Yes. To update the Council Bob and Ron and I had a meeting with the Fullers
last week and discussed the irrigation issue. We came up with a proposal that during
the times of the year that there is not irrigation water but yet they want to irrigate
that we would charge that system with City water.
The Motion was made by Tolsma and seconded by Myers to have the attorney prepare Findings
of Fact and Conclusions of Law on the variance request by Glenco.
Motion Carried: All Yea:
DISCUSSION HELD ON ROADWAYS IN MERIDIAN GREENS:
Giesler: It would be my preference to see that highway go on through to Mesa Way.
I feel that the time to do it is right now. ACHD says that they will fix that highway
up this summer and I feel that now is the appropriate time.
Tolsma: I agree with Bob. We should let it go through.
MERIDIAN CITY COUNCIL
APRIL 2, 1991
PAGE :/f:4
Giesler: If we dead end it at this time I don't know who will ever pick it up later
on.
Myers: This is a good time to do it and I think it needs to be done.
Cafferty: What happened to the original recommendation that ACHD made that they find
an easement to the west of the Meridian Kuna Highway.
Kingsford: It's easy to make a recommendation but if there is no place to get it, you
don't own the property, it's almost impossible to obtain.
Cafferty: Why hasn't Ada County been present at one of these meetings?
Kingsford: I guess it's not their policy to attend our meetings. My sympathy goes
out to you guys and I do realize that you are in the county and would like to stay that
way but as things grow things change. The Highway District is going to blade overlay
it.
Les Schild: Pave that road now.
Kingsford: Norm is saying that it might be realistically three years before that's
paved.
ITEM :/f:5: FINAL PLAT: MISTY MEADOWS #2:
Myers: I assume that all these things have been taken care of.
Eng. Smith: They haven't resubmitted the water and sewer plans again.
The Motion was made by Myers and seconded by Tolsma to approve the Final Plat on Misty
Meadows #2 subject to Engineer's approval of water and sewer plan.
Motion Carried: All Yea:
ITEM #:6: FINAL PLAT: CHATEAU MEADOWS #3:
Eng. Smith: I heard from the developers engineer today and he said that the highway
district will be acting on this 40 ft. right of way requirement or request on the short
section of E. Greenmeadow Drive or Court, he is wanting to reduce that from a 50 ft.
right of way to a 40 ft. right of way for that culdesac. According to what he told
me the Highway District has that item on their consent agenda for next Thursday. I
assume that consent agenda is approval although he didn't say.
The Motion was made by Myers and seconded by Giesler to approve the final plat for Chateau
Meadows #3 subject to ACHD's approval.
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL
APRIL 2/ 1991
PAGE #5
ITEM #7: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES:
Kingsford: THIS IS TO INFORM YOU IN WRITING/ IF YOU CHOOSE TO/ YOU HAVE THE RIGHT TO
A PRE-DETERMINATION HEARING AT 7:30 P.M. 4/2/91 BEFORE THE MAYOR AND CITY COUNCIL, TO
APPEAR IN PERSON TO BE JUDGED ON FACTS AND DEFEND THE CLAIM MADE BY THE CITY THAT YOUR
WATER, SEWER/ AND TRASH BILL IS DELINQUENT. YOU MAY RETAIL COUNSEL. THIS SERVICE WILL
BE DISCONTINUED 4/17/91 UNLESS PAID IN FULL. Is there anyone from the public who wishes
to contest their water/sewer/trash delinquency? No response. THEY ARE HEREBY INFORMED
THAT THEY MAY APPEAL OR HAVE THE DECISION OF THE CITY REVIEWED BY THE FOURTH JUDICIAL
DISTRICT COURT/ PURSUANT TO IDAHO CODE. EVEN THOUGH THEY APPEAL THE WATER WILL BE SHUT
OFF.
The Motion was made by Yerrington and seconded by Giesler to approve of the turn off
list.
Motion Carried: All Yea:
Kingsford: The amount of the turn off list this month is $10/534.05.
ITEM #8: APPROVE PAYMENT OF THE BILLS:
The Motion was made by Tolsma and seconded by Myers to approve the bills.
Motion Carried: All Yea:
ITEM #9: 2010 TRANSPORTATION PLAN & FUNCTIONAL STREET CLASSIFICATION MAP:
Eng. Smith: I might make a comment that the functional classification map had been
approved by the Council previously and Mayor Kingsford signed that and I had taken it
to the County Commissioners who signed it and I had taken it to the Highway District
who would not sign it because the highway district wanted the sub-standard roadways
shown. So that has been done so the map is in the process of going back through for
signatures again.
The Motion was made by Myers and seconded by Giesler to authorize the Mayor to sign
the 2010 Transportation Plan & Functional Street Classification Map.
Motion Carried: All Yea:
Eng. Smith: April 10/ 1991 the Meridian Transportation Task Force Committee will meet
in the evening/ this is our annual meeting. If you have any concerns or things that
you would like to see done to our transportation system to let me know or Walt Morrow
is the chairman.
ITEM #10: DEPARTMENT REPORTS:
Crookston: The deferred compensation plan was presented to the City and I was asked
to review it. Explained a few concerns. (TAPE ON FILE)
The Motion was made by Myers and seconded by Tolsma to authorize the Mayor and City
Clerk to sign the contracts conditioned upon the satisfaction of the City Attorney.
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL
APRIL 2, 1991
PAGE #6
Moe Alidjani: We have some problem with security in our lot and also it would help
us quite a bit since we have industrial zoned ground if we could get your approval to
move a semi 40 ft. trailer, there is no axles on the trailer it is just a box to set
next to our shop. My shop right now is 60xlOO and is setting east-west and that would
go on the west side of the building right next to the building. It would be the same
color as my shop building. I have talked to the Building Inspector and he has no problem
as long as the Council approves. I would like to know how you feel about it.
Kingsford: I have some concern about the precedence that it sets. It would be my personal
position not to approve it.
Myers: I think where it is going to set along the side of his shop it shouldn't be
any problem. I'm not sure if you had fourteen of them sitting out there that we could
go for that.
Yerrington: How long of a period of time are you expecting to have this there?
Alidjani: If I do it I have to do it permanently.
Giesler: Aren1t you in the process of adding on to your shop right now. Is this a
decision that you need right now?
Alidjani: No, I have a couple of weeks.
Kingsford: I still have a problem. If every industrial user wants to show up -
Alidjani: That is true.
The Motion was made by Tolsma and seconded by Yerrington to table until next meeting.
Motion Carried: 3 - Yea;
1- Opposed:
Myers: I would just like to report that the Meridian Optimist Club had a very successful
Easter Egg Hunt and we would like to thank the Chief of Police for bringing a police
car out to start the festivities and also Bill Allen from the Fire Department brought
a fire truck out.
The Motion was made by Tolsma and seconded by Giesler to go into executive session at
8:20 P.M. to consider pending litigation.
Motion Carried: All Yea:
Kingsford: Meeting called back to order at 8:45 P.M.: Executive Session we heard from
the City Attorney with regard to the Tammy Perkins issue.
The Motion was made by Myers and seconded by Tolsma to adjourn at 8:46 P.M.:
Motion Carried: All Yea:
. ,
MERIDIAN CITY COUNCIL
APRIL 2, 1991
PAGE #7
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
ATTEST:
~Q~ (lNAAA-~
JqCKlsII-EMANN, /CITY CLERK
J /
pc: Mayor & Council,
P & Z Members, Atty.
City Eng., Bldg., Police,
Ward, Stuart, Gass, Hallett,
Valley News, Statesman,
ACHD, NMID, CDH, Settlers
FILE (5)
MAIL (5)
AMBROSE,
FITZGERALD
&. CROOKSTON
Altorneys and
Counselors
P.O. Box 4'27
Meridian, Idaho
83642
relnphone BS8-4461
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
STIAN AND PAMELA WOOD
APPLICATION TO VACATE EASEMENT
SETTLERS VILLAGE SUBDIVISION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
March 19, 1991~ at the hour of 7:30 o'c10ck p.m., the Petitioner
appearing in person, the City Council of the City of Meridian
having duly considered the evidence and the matter, makes the
following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. That a notice of public hearing on the vacation of the
walkway easement was published for two (2) consecutive weeks prior
to the said public hearing scheduled for March 19, 1991, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the March 19, 1991,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
2. That this property is located within the
City 0 f
Meridian and is described as Lot 7, Block 1, Settlers Village
Subdivision and is owned by Applicant; that the plat of the
subdivision shows an easement along the northern fifteen feet of
AMBROSE,
FITZGERALD
&. CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
relephone BS8-4461
the lot as a wal kway and for purposes of a permanent publ ic
utilities, irrigation and access easement; the plat also indicates
that a permanent barrier consisting of fencing, vegetation and
paved access way will be constructed within the easement.
3. That a similar easement existed in Lot 7, Block 2, which
was previously vacated.
4. That the property is located in an R-8 Residential
District and is so developed.
5. That Appl icant desires to vacate the easement for
purposes of access and as a walkway but does not desire to have
the easement vacated as to the utility or irrigation purposes.
6. That the Applicant testified that there has been no use
the easement along the northern potion of his lot for publ ic
access but that his neighbor to the north did use the easement for
access to the back of the property owned by the neighbor; that the
easement along the northern portion of the Applicantrs lot takes
up approximately 25% of the Applicantrs lot; that the Applicant
purchased the property not realizing the existence of the easement
and the easement was not placed on the Plat at his request but was
put on there at the request of a developer when he had the
property zoned commercial; that the failure to remove the easement
at the time the property was rezoned to commercial was due to the
fact that the developer had failed to requests its vacation and
removal at the time the developer request the similar easement to
be removed form Block 2.
7 .
That the purpose of the easement for access purposes was
initially included on the plat when lots 1 through seven of block
AMBROSE.
FITZGERALD
&. CROOKSTON
Attorneys and
COUn&Il!Of3
P.O. Sox 427
Meridian, Idaho
83642
felephone 888-4461
one were zoned as commercial lots and the easement for access was
to provide access to the back of the lots if developed in a
commercial fashion; that the zoning was changed back from
commercial to residential but the walkway easement was not
removed.
8. That the utility companies and the irrigation companies
submitted comments which did not object to the vacation of the
easement as a walkway.
9. That Note 2 on the plat of the subdivision also
indicates that there is a 2 1/2 foot access easement along the
side lot lines of Lot 7, Block 1.
10. That the property surrounding the Applicant's is used
residentially.
11. That there was public testimony objecting to the
vacation of the easement; that the objections were from three
owners of lots to the north of the appl icant and were largely
based on the inability to obtain access to the back of their lots
if the easement as a public walkway and for access is vacated;
that the owners objecting would have access to the backs of their
lots through their own property if the easement is vacated.
12. That proper notice has been given as required by law
by Idaho Code, 50-1306A, have been given and followed.
CONCLUSIONS
1. That all the procedural requirements of Idaho Code, 50-
1306A and of the Ordinances of the City of Meridian have been
met.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
p.o. Box 427
Meridian, Idaho
83642
relephone 888-446t
2. That the City of Meridian has authority to vacate
easements pursuant to Idaho Code, 50-1306A.
3. That the vacation of the easement and the associated
easements as noted in note 2 on the plate for access and walkways
will not unduly burden those parties objecting to the vacation as
they will continue to have access to the back of their lots via
their own property
4. That the failure to vacate the easement would unduly
burden the Applicant and his property with public access that was
not designed for his lot as zoned residential.
5. That the easement1s use for irrigation and public
utilities will not be infringed upon by the vacation of the
easements for public access.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian hereby adopts and
approves these Findings of Fact and Conclusions.
ROll CALL:
Councilman Yerrington Voted 7f:
Counci lman Giesler Voted r
Councilman Myers Voted r
Counci lman Tolsma Voted ~
Mayor Kingsford (Tie Breaker) Voted
AMBROSE,
FITZGERALD
&. CROOKSTON
AlIorneys and
Counselors
P.O. BOK 427
Meridian, Idaho
83642
relephone BS8-4461
9 117 3 ~ 3
ORDINANCE
ADA COUiiTY, ! D. FOFl. ~CIY D't: I\N:.Rl\)\
J DJ\!li.' .'}.J,.\j;"P..)~
. }-\ 1 ~) !"' :-~.. ~ .-~i.. ,. ~ ~
~RDr..r) ny
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NO l~~
ARNOLD ANNEXATION:~~q,p:noNBNGAP1 9 5~
AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS
DESCRIBED AS A PORTION OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
SECTION lIt T. 3 N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian have concluded that it is in the best interest of said
City to annex to the said City real property which is hereinbelow
described:
A parcel of land located in the N 1/2 of the S 1/2 of
Section 11, Township 3 Northt Range 1 West, Boise
Meridiant Ada County, Idahot more particularly described
as follows:
BEGINNING at the center one-quarter corner of said
Section lIt monumented with a brass cap monument from
which the northeast corner of said N 1/2 of the S 1/2
(east one-quarter corner) bears S 89:> 1013611 E a distance
of 2655.16 feet
thence S 8901013611 E along the northerly boundary of
said N 1/2 of the S 1/2 a distance of 1746.19 feet to
a 5/8 inch diameter iron pin;
the n c e 1 e a vi n g sa i d nor the r 1 y b 0 u n d a r y S 00 331 2211 W a
distance of 953.44 feet (of record as 978.46 feet at
Instrument Numbers 9021490 and 8136784 and 953.46 feet
at Instrument Number 8946845) to a 5/8 inch diameter
iron pin on the northerly right-of-~'1ay of the Oregon
Short line Railroad;
thence N 8802813111 W along said right-of-way a distance
of 2324.71 feet to a 5/8 inch diameter iron pin;
thence
parallel
S 1/2 a
fee tat
leaving said right-of-\'Jay N 005213211 E and
with the westerly boundary of said N 1/2 of the
distance of 924.94 feet (of record as 936.21
Instrument Numbers 8946845 and 7824699 and
ARNOLD ANNEXATION AND ZONING ORDINANCE 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
relephone 888-4461
924.77 feet at Instrument Number 672529) to a 5/8 inch
diameter iron pin on the northerly boundary of said N
1/2 of the S 1/2;
thence S 89010'48" E along said northerly boundary a
distance of 572.46 feet to the POINT OF BEGINNING.
NOH, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1:
That the above described and referenced real
property is hereby annexed to the City of Meridian, and shall be
zoned R-8 Residential; PROVIDED, HOWEVER, that even though the
land is zoned R-8 Residential, it shall only have constructed on
the lots, single family detached dwelling units and there shall
be no duplexes, condominiums or townhouses constructed or placed
thereon; that there shall be no more than two hundred ten (210)
single family detached dwelling units constructed or placed
thereon; that there shall be no single family detached dwelling
units smaller than one thousand one hundred (1100) square feet in
size constructed or placed thereon; that thirty percent (30%) of
the single family detached dwelling units may be between 1100 and
1199 square feet in size; that forty percent (40%) of the single
family detached dwelling units may be between 1200 and 1299 square
feet in size; that at least thirty percent (30%) of the single
family detached dwelling units shall be 1300 square feet in size
or greater; and that the above square footages are determined
exclusive of the garage; that the reason for the R-8 zoning is to
allow 210 dwelling units to be constructed on the parcel which
would be an approximate density of 4.1 dwelling units per acre
ARNOLD ANNEXATION AND ZONING ORDINANCE
2
AMBROSE.
FITZGERALD
& CROOKSTON
/
/
Attorneys and /
Counselors /
j
P.O. BOK427(
Morldlan,ldah~
83642 '-
relephone BS8-4461
which would not be allowed in the R-4 Residential zone.
Section 2;
That the property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall
not plat the property as required above and designate on the plat
that only single family dwellings shall be allowed, construct
water and sewer line extensions to serve the property, and
construct streets to and within the property, which conditions
subsequent shall run with land and also be personal to the owner,
Linda J. Arnold.
Section 3; That the City Clerk shall cause one (1) copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the
Ada County Recorder, Ada County Assessor, and the State Tax
Commission within ten (10) days following the effective date of
this Ordinance.
Section 4; This Ordinance shall be in full force and effect
from and after its passage, approval and publication as required
by law.
PASSED by the City Council and Approved by the Mayor of the
C i t y 0 f Mer i d i an, A d a Co u n t y, I d a h 0, t his ;{ ~ d day 0 f ~L--,
1991.
ATTEST:
>'\~
, RNOLO/AN N EXA TI ON AN 0 ZON I NG ORD I NAN C E
. .
3
AMBROSE,
FITZGERALD
&. CROOKSTON
Allorneys and
Counsolofs
P.O. Box 4'27
Meridian, Idaho
83642
rolephono BS8-4461
STATE OF IDAHO,)
s s .
.
County of Ada, )
I, JACK NIEMANN, City Clerk of the City of Meridian~ Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled, uAN
ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS
DESCRIBED AS A PORTION OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
SECTION 11~ T. 3 N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO;
AND PROVIDING AN EFFECTIVE DATEIl; passed as Ordinance No.t:;t.t9 by
the Cit~ Council and Mayor of the City of Meridian, on t~d
day 0 f l:t P r t .\ , 1 9 9 1.
DATED this .a.cJ_ day of ~_, 1991.
STATE OF IDAHO,)
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DAHO
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County of Ada,
On this 3 day of April , 1991, before me, the
undersigned, a Notary Public In ana for the said State, personally
appeared JACK NIEMANN, known to me to be the person who subscribed
his name to the within and foregoing instrument, and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
SEAL
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My commission expires 04/01/93
ARNOLD ANNEXATION AND ZONING ORDINANCE
4
AMBROSE,
FITZGERALD
&. CROOKSTON
Attorneys and
Counsolofll
P.O. Box 4'27
Meridian, Idaho
83642
relephono BS8-4461
. nl 1 7 3 Y 2
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ORDINANCE NO. $LJ'?
AN ORDINANCE VACATING A PORTION OF SETTLERS VILLAGE SUBDIVISION
OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 15 FOOT WIDE ACCESS
AND WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 1, AND
THE 2 1/2 FOOT WIDE ACCESS EASEMENT AS DEPICTED ON THE PLAT OF
SAID SUBDIVISION AND IN NOTE 2 ON LOT 7, BLOCK 1, BOTH EASEMENTS
BEING ON lOT 7, BLOCK 1, SETTLERS VILLAGE SUBDIVISION, BUT LEAVING
IN TACT THE PUBLIC UTILITIES, IRRIGATION AND DRAINAGE EASEMENTS
THAT RUN CONCURRENT TO ACCESS AND WALKWAY EASEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of said City to vacate a portion of Settlers Village Subdivision,
specifically the fifteen foot wide access and walkway easement on
the northern portion of lot 7, block 1, of said subdivision and
the 2 1/2 foot wide access easement along the side lot lines of
said lot as noted in Note 2 on said plat of Settlers Village
Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: That pursuant to Section 50-1306A, specifically,
and Title 50, Chapter 13, Idaho Code, generally, the City of
Meridian, having held the required hearing, the City Council
having made findings of fact and conclusions of law, and it
appearing that proper notice of said hearing was given, hereby
vacates the fifteen foot wide access and walkway easement on the
AMBROSE,
FITZGERALD
& CROOKSTON
AUornoys and
Counselols
P.O. Box 427
Morldlan, Idaho
83642
.elephona BS8-4461
northern portion of lot 7, block 1, of Settlers Village
Subdivision and the 2 1/2 foot wide access easement along the side
lot lines of lot 7 block 1, as noted in Note 2 on said plat of
Settlers Village Subdivision; that the drainage, public utility,
and irrigation easements that run concurrent with the above access
and v/alkway easements being vacated are not vacated by this
ordinance and shall remain in effect.
Section 2: WHEREAS, there is an emergency therefor, which
emergency is hereby declared to exist~ this Ordinance shall take
effect and be in full force from and after its passage, approva1
and publication as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, thisi~day of AQr.) ,
1991.
~~~
~ii P. KINGSFO D, YOR
ATTEST:
/
AMBROSE.
FITZGERALD
& CROOKSTON
Auornoya and
Counselors
P.O. Bo~ 427
Meridian, Idaho
83642
"elephone EJlIll.4461
STATE OF IDAHO,)
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County of Ada, )
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled IIAN
ORDINANCE VACATING A PORTION OF SETTLERS VILLAGE SUBDIVISION OF
RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 15 FOOT WIDE ACCESS
AND WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 1, AND
THE 2 1/2 FOOT WIDE ACCESS EASEMENT AS DEPICTED ON THE PLAT OF
SAID SUBDIVISION AND IN NOTE 2 ON lOT 7, BLOCK 1, BOTH EASEMENTS
BEING ON lOT 7, BLOCK 1, SETTlERS VILLAGE SUBDIVISION, BUT LEAVING
IN TACT THE PUBLIC UTILITIES, IRRIGATION AND DRAINAGE EASEMENTS
THAT RUN CONCURRENT TO ACCESS AND WALKWAY EASEMENT.II passed as
Ordinance NO.!)49 , by the City ~ouncil and Mayor of the City of
Meridian, on ~~.v ~ day of 1:-) Or! \ , 1991, as the same
appears in my offi e.
DATED thi;;0 r ~ day of Apri 1, 1991.
MERIDIAN
STATE OF IDAHO,)
ss.
County of Ada, )
On this 3rd day of Aoril , 1991, before me, the
undersigned, a Notary Publ ic in and for said State, personally
appeared JACK NIEMANN, known to me to be the person whose name is
subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
\Hitten.
SEAL
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FOR IDAHO
ESIDING AT MERIDIAN, IDAHO
ommission expires 04/01/93