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HomeMy WebLinkAbout1991 11-19 AGENDA MERIDIAN CITY COUNCIL NOVEMBER 19, 1991 ITEr1: MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 6, 1991: (APPROVED) 1: FINAL PLAT: THE CORNER AT THE VINEYARDS: (APPROVED) 2: FINAL PLAT: SUNBURST SUBDIVISION # 1: (APPROVED) 3: lEE SWCKER: (DISCUSS ION) 4: ORDINANCE # 563: ORDINANCE REZONING PROPERI'Y AT 324 GRUBER FOR APARI'MENT COMPLEX: (APPROVED) 5: ORDINANCE # 564: FLOJD PLAIN ORDINANCE: (APPROVED) 6 : DEPARIMENT REPORrS: MERIDIAN CITY COUNCIL NOV. 19. 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: Yel~l~l ngt on: Ron Tolsma, Bel~t Nyers, Bob GIesler, Ma}( Others Present: Zak Anderson, DustIn Miller, Justin Courtial, Lee Welker, KeVIn Jones, Bob CorrIe, JoAnn Stuhr, Larry Sale, Lee Stucker, Gary Smith, Bill Gordon, JIm JOhnson, Wayne Crookston, Max Boeslger Jr., Russ HunemI1ler: MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER is, 1991: The MotIon was made approve of the mInutes a s Wl~ i t ten: by Tolsma and seconded by Yerrington to of the previous meetIng held (\lov. is, 1991 !'lot 1 on Carri ed: All Yea: Kingsford: I want to extend a welcome to Pack #51, we appreCIate having you here WIth us. ] TEl>'l # 1 : FINAL PLAT: THE CORNER AT THE VINEYARDS: Giesler: 1 was wondering if the comments from the engineer. have been worked out L"'ll~ry Sal es: I have no problems with the Engineer's comments. k. I n 9 s f Ol~d : If you project intended to retain on site? Sales: Yes we will retain everything on site. The Motion was made by Tolsma and seconded by Myers to approve of the Final Plat for the Corner at the Vineyards: Not i on Cal~ri eo: All Yea: I TEt-IJ #2: FINAL PLAT: SUNBURST SUBDIVISION #1: Gle51el~: footage. should go I had a concern wlth regard to the size of square Some of these are 1200 sq. ft., l' m not 50 sl..n~e we with that small of a home in that subdiviSion. Flus sHun e mill el~ : We meet the requirements of the Ordinances. Myers: ] think as long as it meets the Ordinance there lsn't a whole lot we can do about It. GIesler: We've got enough like to see the larger ones subdivisions WIth small in this al~ea. homes. I'd MERIDIAN CITY COUNCIL NOt). 19, 1991 PAGE 2 Giesle~~: Do you have a price range for these square footages? HunemillE'r: $75,000 to $90,000. The MotIon was made approve thE' Final Plat by Tolsma and seconded by on Sunburst Subdivision 11. Yert~lngton to Verrington withdrew his second of the motion. The MotIon was made by Tolsma and seconded by Yerrington to approve of Sunburst SubdIVISIon 11 conditIoned upon approval of the covenants. 2 - Yea: - 2 Nea: Kingsford: Tie vote Mayor votes Yea, this passes. !'lot i on Carr i ed: Kingsford: We need to get all of the jurisdictions involved represent this school distrIct and come up with some sort finanCIng vehicle for future schools or building will be dovm. that of a shut Myers: The reason I was opposed to this was not because of the 1200 sq. footage but because of the schools. 1 agree VJith the Mayor there has got to be something done to help the schools. Hunemille~~: I a!~p~ee. Kingsford: 1 think the realIty is gOIng to be that again we will have a bond issue fail, we will run a batch of students through there that have an inferior educatIon. Lot fees were dIscussed. ITEM #3: LEE STUCKER: Stucker: We are doing some replanning an the subdiviSIon out on Cherry Lane WhICh was proposed Bethhaven. We are considering putting some of the la~~gel~ ba~~n buildIng out there, p'.ltting it into a storage area if possible. We are not wantIng to put in a large commercial storage or anythIng lIke that It's just a matter of utiliZIng the bUIlding that IS there and Incorporating a small area around that area for R.V. storage and this type of thIng. It basically would be '_lsed by the local people, I don't want to say that It would be restrIcted to just the people there but that is what we are gearing for. MERIDIAN CITY COUNCIL NO\}. 1. 9, 1991 PAGE 3 Klngsford: If It doesn't Just be for your subdivision then you are going to have to have a 20n1ng change. It 1S In fact commercial if you are rent1ng out space in there. If it serves that unIt then 1 don't think you have to have a 20ning change. Stucker: There would have to be a fee. know is if this would be acceptable. This 1S what I wanted to Crookston: I think It's the use that controls. If it IS used for storage then that's the 20nlng that has to fIt. If It is used for the people only in that area or whether you rent it out. Stucker: It's the use that IS the problem. could not use it at all. In other words we Crool'l st on: Right. Without a 20ning change. Stucker: Would it be feasible to approach that angle and try to get a conditional use? Kingsford: I think my recommendation would be to visit with Mr. Johnson here and some of the Council individually and see what thelr thinkIng would be with regard to that. Crookston: The other thIng that is a pOSSIbility IS to do it as a planned development which does require Conditional Use but you could define the whole area and do it that way. Myers: What were you going to do with the barn and shop and hOllse anYNay? Stucker: The small one existing house there. thinking of converting. factor to the use of the there we would keep it along with the The larger barn is the one we were We were thinking of being a contributing a~~ea. j.\ingsford: 1 think it's an excellent idea. lTEM #4: ORDINANCE #563: ORDINANCE REZONING PROPERTY AT 324 GRUBER FOR APARTMENT COMPLEX: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOTS 31 4, 5, &1 7, 8, 9, 10 & 11 OF CHAPIN SUBDIVISION NO. 21 BOISE MERIDIAN1 ADA COUNTY1 IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #563 read in Its entirety? No response. MERIDIAN CITY COUNCIL t1JOV. 1'31, l<:j'il PAGE 4 The MotIon was made by Myers and seconded by Verrlngton 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 #5&3 be passed and approved: Roll Call Vote: Yerrlngton - Yea; Giesler - Yea: Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #5: ORDINANCE #5&4: FLOOD PLAIN ORDINANCE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN KNOWN AS THE "FLOOD DAtilAGE PRElJENTION ORDINANCE" l,.JHICH PROVIDES FOR FLOOD DAMAGE PREVENTION AND PROVIDES FOR FINDINGS OF FACT, PURPOSE AND OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS; ADMINISTRATION; PROVISIONS FOR FLOOD HAZARD REDUCTION; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #564 read in its entirety~ No response. The MotIon was made by Giesler and seconded by Tolsma 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 #564 be passed and approved. Rol) Call Vote: Yerrington - Yea; GIesler - Yea; Myers - Yea; Tolsma - Yea: Motion CarrIed: All Yea: ITEM #&: DEPARTMENT REPORTS: Chief Gordon: I passed out a copy of the bids for the new police car to everyone. I have reviewed the specificatIons as stated. Roundtree met all of the specifications and was the lower bidder of $15,846.78. The Motion was made by Giesler and seconded by Myers to approve of the bid from Roundtree for $15,846.78. Motion Ca~~ried: All Yea: Myers: Sunday they had the VIP bowling and it was well attended and raised some money for the QRU and the Fire Burnout Fund. MERIDIRN CITY COUNCIL NOV. 1':1, 1991 PAGE 5 Tolsma: I've been approached by several downtown busIness people about skateboarding on the new bricks and on the new curbs, dl~1vel>Jays, etc.. These people "n~e VJOl~l~1ed about liabiLity claims on their property. K1ngsford: I've had several people at the High School approach me about coming up with a skateboard park. Interesting enough some of those kids have obtained a donation of property 1f they can get It put together. I advised them to check with Lewlston who dId put in a skateboard park. Tolsma: They might look at Boise City's Ordinance and see what they have done for downtown with that. The Motion was made by Myers and seconded by Yerrington to adjourn at 8:00 P.M.: MotIon CarrIed: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS> APPROVED: ~~~ GRANT P. KING F RD MAYOR ATTEST: Mayor & Council, P & Z Members, Eng., Bldg., I;Jcu'd, Stuar't, Fi\-'e, Police, Hallett, ACHD, NMIDi CDH, Valley News, ACC, APA, itJai 1 (2) File (2) HUB OF TREASURE VALLEY ( [ OFFICIALS JACK NIEMANN, City Clerk JANICEGASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., AUorney EARL WARD, Waste Water Supt KENNY BOWERS, Fire Chief BILL GORDDN, Police Chief GARY SMITH, City Engineer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Cl1alrman Zoning & Planning JIM JOHNSON PROCLAMATION WHEREAS, Meridian Supports the Festival of the Christmas Sky ~oys for Tots which is celebrating its 8th year of providing toys for disadvantaged children; and WHEREAS, in 1990 more than 9,000 children were provided with toys distributed by non-profit organizations; and WHEREAS, the Festival of the Christmas Sky/Toys for Tots has provided thousands of people each year for the past seven years with caroling, candle lighting, and holiday spirit at a free outdoor public festival ' WHEREAS, the City of Meridian is desirous that all children be provided a quality of life equal one to another regardless of race, color, creeq, or social and economic benefit. NOW, THEREFORE, I, GRANT P. KINGSFORD ,Mayor of the City of Meridian, Idaho, do hereby proclaim December 1-7, 1991 as FESTIVAL OF THE CHRISTMAS SKY / TOYS FOR TOTS WEEK and encourage all citizens to participate in collecting toys for this worthy cause and presenting those toys at their schools through the TOys for Tots program supported by the Boise School System or at the Festival itself, demonstrating the willingness of the people of our community to help others who are in need. - In.!M~ ~ant P. ingsf rd Mayor City of Meridian AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83ij42 Telephone 88S.4461 ORDINANCE NO.~t~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 1) TITLE 5) OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF A NEW SECTION TO BE KNOWN AS 5-108A, POINT OF LIABILITY FOR MAINTENANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to provide a means to determine where the City's liability for maintenance of a water line ends and where the property owners liability commences; NOW) THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 1, Title 5 of the Revised and Compiled Ordinances of the City of Meridian is hereby amended by the addition thereto of a new section to be known as 5-10SA, POINT OF LIABILITY FOR MAINTENANCE, which shall read as follows: 5-108A: POINT OF LIABILITY FOR MAINTENANCE: All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own water service line(s) extending from the property improvement to a point of connection to the water meter yoke. This point of connection may be inside or outside of the meter tile depending on the length of the meter yoke tail. The City's responsibility for maintenance of the individual user service line(s) extends from the point of connection at the water main to the point of connection of the yoke to the property improvement service line. Responsibility for damage to the City water system is as outlined in Section 5-109. This Section shall not be construed to be in conflict with Section 5-108. AMBROSE, FITZGERALD & CROOKSTON A1torneys and Counselors P.O. BOl< 427 Meridian, Idaho 83542 Telephone 868-4461 I 'I SECTION 2: WHEREAS, there is an EFFECTIVE DATE: emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this~ day of DeGemne.r, 1991. CITY OF MERIDIAN vf P .J/ -'~ ~KrN~MAYOR------- i I J . ~ c....~.__.,"+"_ / AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 63M2 Telephone 888-4461 ORDINANCE NO. S{,~__ AN ORDINANCE OF THE CITY OF MERIDIAN KNOWN AS THE IIFLOOD DAMAGE PREVENTION ORDINANCE" WHICH PROVIDES FOR FLOOD DAMAGE PREVENTION AND PROVIDES FOR FINDINGS OF FACT, PURPOSE AND OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS; ADMINISTRATION; PROVISIONS FOR FLOOD HAZARD REDUCTION; AND PROVIDING AN EFFECTIVE DATE. W HER E AS, the C i t Y 0 f Mer i d i an has are a s ItJ i t h i nit s c i t Y limits that have been identified as being flood areas; WHEREAS, the City participates in the Nation Flood Insurance Program; WHEREAS, the Federal Emergency Management Agency has changed its regulations providing for flood prevention and protection; WHEREAS, flood insurance is not available to the residents of the City of Meridian unless the City has adopted a Flood Damage Prevention Ordinance; and WHEREAS, it is deemed to be in the best interests of the City of Meridian, its economy, and the citizens of the City to adopt a Flood Damage Prevention Ordinance so that flood insurance is available. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That the City of Meridian hereby adopts the following as its FLOOD DAMAGE PREVENTION ORDINANCE which shall FLOOD DAMAGE PREVENTION ORDINANCE Page - 1 AMBROSE, FITZGERALD & CROO KSTON Attornays and Coun3alors P.O. Box 427 Meridian, Idaho 83642 Telephone B811-4461 read as follows: FLOOD DAMAGE PREVENTION SECTION 1.0 FINDINGS OF FACT, PURPOSE, AND OBJECTIVES 1.1 FINDINGS OF FACT (1) The flood hazard areas of the Ci ty of Meri di an are subject to periodic inundation which results in loss of 1 ife and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the publ ic health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 1.2 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the publ ic health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money and costly flood control projects; (3) To minimize the need for rescue and rel ief efforts associated with flooding and generally undertaken at the expense of the general publ ic; (4) To minimize prolonged business interruptions; (5) To maintain damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; (6) To help minimize a stable tax base by providing for the FLOOD DAMAGE PREVENTION ORDINANCE Page - 2 AMBROSE, FITZGERALD & CROOKSTON AUornoys and Counselors P.O. Box 427 Meridian, Idaho lJ:jS42 Telephone 886.4461 sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.3 METHODS OF REDUCING FLOOD LOSSES In order to accompl ish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable appl ication. IIAPPEALII means a request for a review of the Department's interpretation of any provision ordinance or a request for a variance. Building of this IIAREA OF SHALLOW FLOODINGIl means a designated AO or AH Zone o nth e-F , 0 0 dIn sur a n c eRa t e Map ( FIR M) . The bas e f 1 0 0 d depthS range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is FLOOD DAMAGE PREVENTION ORDINANCE Page - 3 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83542 Telephone BBB.4461 characterized as sheet flow and AH indicates ponding. "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood pTaTn WTthin a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. "BASE FLOOD" means the flood having a one percent chance of beTng equalled or exceeded in any given year. Also referred to as the "lOO-year flood." Designation on maps always includes the letters A or V. "DEVElOPMENTU means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "FLOODI! or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD INSURANCE RATE MAP (FIRM)II means the official map on which the Federa,...-ynsurance Administration has del ineated both the areas of special flood hazards and the risk premium zones applicable to the community. IIFLOOD INSURANCE STUDYII means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. IIFLOODWAYII means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. II L 0 Ii} EST F L 0 0 R II mea n s the low est f 1 0 0 r 0 f the low est e n c 1 0 sed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosuy'e is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance found at Section 5.2-1(2). JlMANUFACTURED HOMEII means a structure, transportable in one FLOOD DAMAGE PREVENTION ORDINANCE Page - 4 AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counsolors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 II I , or more sections) which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers) travel trailers) and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term Ilmanufactured home" does not include park trailers) travel trailers) and other similar vehicles. "MANUFACTURED HOME PARK OR SUBDIVISIONII means a parcel) or contiguous parcels;-o-fland divided into two or more manufactured home lots for rent or sale. UNEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. nSTART OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued) provided the actual start of construction, repair, reconstruction, pl acement or othet' improvement was within 180 days of the permit date. The actual start means either the first pl acement of permanent constructi on of a structure on a si te) such as the pouring of slab or footings, the installation of piles, the construction of columns) or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing) grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either; (1) before the improvement or repair lS started) or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition Usubstantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the FLOOD DAMAGE PREVENTION ORDINANCE Page - 5 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlsn, Idsho 83$42 Tolephono 88B4461 external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "VARIANCElJ means a grant of relief from the requirements of this ordTnance which permits construction in a manner that would otherwise be prohibited by this ordinance. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Meridian. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled lJThe Flood Insurance Study for the City of Meridian", completed in August of 1989, with accompanying Flood Insurance Maps completed September 27, 1991, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and Maps are on file in the office of the City Clerk, City of Meridian. 3.3 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than THREE HUNDRED DOLLARS ($300.00) or imprisoned for not more than six months, or both, for each violation, and in addition shall pay all costs and expenses involved in the case, including attorneys fees. Nothing herein contained FLOOD DAMAGE PREVENTION ORDINANCE Page - 6 AMBROSE, FITZGERALD & CROOKSTON Attornoys and Counselors P.O. Sox 427 Morldlan, Idano ro.S42 Tolepl1ona 888-4461 11 shall prevent the City of Meridian from taking .sLJch other lawful action as is necessary to prevent or remedy any violation. 3.4 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, any existing easements, covenants, or However, where this ordinance and easement, covenant, or deed restriction whichever imposes the more stringent prevai 1. abrogate, or impair deed restrictions. another ordinance, confl ict or overl ap, restrictions shall 3.5 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under State statues. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Meridian, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from rel iance on this ordinance or any administrative decision lawfully made hereunder. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT 4.1-1 Development Permit Required A development permit shall be obtained before construction FLOOD DAMAGE PREVENTION ORDINANCE Page - 7 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 63&12 Telephono 888-4461 or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the IIDEFINITIONSII, and for all development "including fill and other activities, also as set forth in the IIDEFINITIONSII. 4.1-2 Application for Developme~! Pet'mit Application for a development permit shall be made on forms furnished by the Building Department and may include but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level, of the lowest floor, including basement, of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.2-2; and (4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE BUILDING DEPARTMENT The Building Department is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING DEPARTMENT Duties of the Building Department shall include, but not be limited to: 4.3-1 Permit Review (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Rev i ew all deve 1 opment permi ts to determi ne that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. FLOOD DAMAGE PREVENTION ORDINANCE Page - 8 AMBROSE, FITZGERALD & CROOKSTON Attorney. and Counselors P.O. Box 427 MeridIan, Idaho 63542 Talephona 686-4461 I! ( 3 ) Review all development permits proposed development is located located in the floodway, assure provisions of Section 5.3(1) are to determi ne if the in the floodway. If that the encroachment met. Z>~~ ~Jhen base flood elevation data has not been provictecJ in accordance with Section 3.2, BASIS FOR ESTABLISHING T~E AREAS OF SPECIAL FLOOD HAZARD, the Bui lding Department! obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.2, SPECIFIC STANDARDS, and 5.3 FLOODWAYS. 4.3-2 Use of Other Base Flood Data 4.3-3 Information to be Obtained and Maintained (1) Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 4.3-2, obtain and record the actual elevation (in relation to mean sea level) of the loy/est floor (including basement) of all new or substanti ally improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level), and (ii) maintain the floodproofing certificates required in Section 4.1(3). (3) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4.3-4 Alteration of Watercourses (1) Notify adjacent communities and the State of Idaho Department Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4. 3 - 5 In t e r pre tat ion 0 f E} Bfi B 0 u n d a r~i~~ Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a FLOOD DAMAGE PREVENTION ORDINANCE Page - 9 AMBROSE, FITZGERALD &. CROOKSTON Attorneys and CQunselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8813-4461 mapped boundary and actual contesting the location of reasonable opportunity to provided in Section 4.4. field conditions). The person the boundary shall be given a appeal the interpretation as 4.4 VARIANCE PROCEDURE 4 . 4 - 1 A p P e 9.,1 Boa r d (1) The City Council of the City of Meridian shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Department in the enforcement or administration of this ordinance. (3) Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Fourth Judicial District Court, Ada County, Idaho, pursuant to Id~ho Code, Chapter 52, Title 67. (4) In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance; and (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibi 1 ity of the proposed fac; 1 ity and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provide by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) the compatibility of the proposed use with existing and anticipated development; FLOOD DAMAGE PREVENTION ORDINANCE Page - 10 AMBROSE, FITZGERALD & CROOKSTON Attornays and Counselors P.O. Box 421 Meridian, Idaho 83642 Telophone 888-4461 [i I ( h ) the relationship of the proposed comprehensive plan and flood plain program for that area; use to the management (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (j) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (k) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (5) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this ordinance. (6) The Building Department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 4.4-2 Conditions for Variances (1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvement to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 4.4-1(4) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconsideration, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the FLOOD DAMAGE PREVENTION ORDINANCE Page - 11 AMBROSE, FITZGERALD & CROOKSTON Attorneys end Cou nselors P,O. BOK 427 Meridian, Idaho 63642 Tolephone 888-4461 flood hazard~ to afford relief. (5) Variances shall only be issued upon: (i) a showing of good and sufficient cause; ( i i ) a determination that failure to grant the variance would result in exceptional hardship to the appl icant; (iiO a determination that the granting of a variance will not result in increased flood heights9 additional threats to public safety, extraordinary publ ic expense, create nuisances9 cause fraud on or victimization of the public as identified in Section 4.1-4(4), or conflict with existing local laws or ordinances. ') (:1 ) i-tr ~ / (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than water tight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 4.4-2(1), and otherwise complies with Sections 5.1-1 and 5.1-2 of the GENERAL STANDARDS. (8) Any applicant to whom a variance is granted shall be granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards~ the follolt/ing standards are required: FLOOD DAMAGE PREVENTION ORDINANCE Page - 12 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 63642 Telephone 6a8",461 (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall be adequate drainage provided to reduce exposure to flood damage; and, (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). 5. 1- 5 Rev i._~w of B u i 1 din g Perm its Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 4.3- 2), Applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 4.3-2, Use of Other Base Flood Data, the following provisions are required: 5.2-1 Residential Construction (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (;) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. FLOOD DAMAGE PREVENTION ORDINANCE Page - 14 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Bo. 427 Meridian, Idaho 63642 Telephone 86Il.4461 I! (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 5.2-2 Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 4.3-3(2). (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2-1(2). (5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level). 5.2-3 Manufactured Homes All manufactured homes to be placed or substantially improved within Zones AI-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 5.1-1(2). 5.3 FLOODvJAYS Located within areas of special flood hazard established in FLOOD DAMAGE PREVENTION ORDINANCE Page - 15 AMBROSE, FITZGERALD & C ROO KSTON Attorneys and Counselors P.O. Box 427 Morldlan, Idaho 83642 Telophone 868-4461 Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, a new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood disCharge. (2) If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0, PROVISIONS FOR FLOOD HAZARD REDUCTION. SECTION 2. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after it passage, approval, and publication, as required by law PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF MERIDIAN, this 19th day of November, 1991. APPROVED: ATTEST: ( \ FLOOD DAMAGE PREVENTION ORDINANCE Page - 16 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Ideho 83ij42 Telephone 888-44ij1 c! 1 :::" :',~ t-;. 1'-' n '-'-\,.,),J/ tv 0.', !:'~ ., ,c...., .fl~ d' J., " ;'i,,;t..f:'G";~L~J ~ J. D /\ \/1 D [;' ~~:~ \/ i"~" [~ n 0 ~ '-~ HECOF\"n:~;'\. evaa 1,.",__f'I ~. ~~. L' l 1.JJJJ.QL~ '0100 OR DIN A N C E NO. .:5JIjjf% Y AF1 8 55 BARKER, MORGNER, UNITED ARTISTS, WINCHESTER, AND FABRICIUS ANNEXATION AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND GENERALLY LOCATED ON EAST FAIRVIEW NORTH OF PINE; AND PROVIDING AN EFFECTIVE DATE. vJHEREAS, 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: See Exhibit "A" attached hereto as if set forth in full herein. NOW, 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 as follows below: Parcell R-B Residential, Parcel 2 C-G General Commercial and Service Retail and Parcel 3 l-O Limited Office, for the following described parcels of the property annexed and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same: PARCEL 1 -- R-8 RESIDENTIAL A parcel of land lying in the NE 1/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: ORDINANCE Page - 1 AMBROSE, FITZGERALD &. CROOKSTON Attorneys and Counselors P.Q, BOl< 427 Meridian, Idaho 83642 relephone 668-4461 Commencing at a point marking the section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89028'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; the n c e Sou thO 02 6 I 54 II vJ est 2 9 . 07 fee t t a a poi n ton the Southerly right-af-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 22023100" West 87.14 feet to a point; thence South 0026'54" West 326.80 feet to a point; thence South 84044100" West 339.00 feet to a point; thence North 87019'04" West 50.03 feet to a point; thence South 00 51'54" West 49.00 feet (formerly described as South 00011 West 49 feet) to a point; thence South 65047154" West 276.30 feet (formerly described as South 640571 West 276.3 feet) to a point; thence South 27051'06" East 150.00 feet (formerly described as South 280421 East 150.0 feet) to a point; thence South 19052'06" East 114.70 feet (formerly described as South 20043' East 114.7 feet) to a point; thence South 31008106" East 73.70 feet (formerly described as South 310591 East 73.7 feet) to a point; thence South 47052106" East 131.00 feet (formerly described as South 480431 East 131.0 feet) to a point; thence South 420 57109" East 66.00 feet (formerly described as South 420391 East 66.00 feet) to a point; thence South 290 47109" East 94.00 feet (formerly described as South 29029" East 94.00 feet) to a point; thence South 00 52'09" East 178.61 feet (formerly des c rib e d asS 0 u t h 00 3 4' E a s t 1 6 5 . 0 fee t ) t t 0 a poi n t on the Southerly boundary of the NE 1/4 of the said NE 1/4 of Section 7; thence North 89057109" West 647.02 feet (formerly described as South 890451 West) to a point marking the Northeast corner of the SW 1/4 of the said NE 1/4 of ORDINANCE Page - 2 AMBROSE, FITZGERALD & CROOKSTON AUorneys and Counselors P.O. Box 427 Meridian, Idaho 83S42 Telephone eaa.4461 II I Section 7; thence South 0030'5811 West 1,085.96 feet along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 7 to a point; thence South 8903315211 West 95.00 feet to a point; thence South 0030158" West 250.00 feet to a point on the Southerly boundary of the said SW 1/4 of the NE 1/4 of Section 7; thence South 8~ 3315211 West 566.91 feet along the said Southerly boundary of the SW 1/4 of the NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 00 32159" East 956.99 feet (formerly described as North 962.0 feet) to a point; thence South 89033152" West 360.36 feet (formerly described as West 359.0 feet) to a point; thence North 0 03415811 East 1,059.89 feet (formerly described as North 1,023.0 feet) to a point; the n c e Sou t h 890 4 2 I 3 8 II E a s t 1, 02 0 . 34 fee t ( for mer 1 y described as East 1,019.00 feet) to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0030'58" East (formerly described as North o 341 East 667.98 feet) along the said ~Jesterly boundary of the NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7; thence South 89 028106" East 65.31 feet (formerly des c rib e d a s Nor t h 89 04 liE a s t 5 3 . 2 fee t) a 1 0 n g the s aid Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 10 24'5411 West 25.00 feet (formerly described as South if 341 West 25.0 feet) to a point; thence South 49056'06" East 161.10 feet (formerly described as South 50047' East 161.1 feet) to a point; thence South 25001'06" East 183.00 feet (formerly described as South 25052' East 183.0 feet) to a point; ORDINANCE Page - 3 AMBROSE, FITZGERALD & CROOKSTON Attorney. and Counselors P.O. Box 427 Meridian, Ideho 83642 Telephone 888-4461 thence South 8014106" East (formerly described as South 90 05' E a s t 217. 54 fee t) to a poi n t ; thence North 00 2411511 West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; thence South 8~ 32'15" East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 57.27 acres (2,494,476.58 square feet), more or less. AND EXCEPT A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R. IE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89028'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0026154" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 2~ 23100" West 87.14 feet to a point; thence South !Y 26154u West 326.80 feet to a point; thence South 8 40 4 4 I 00 u West 339.00 feet to a point; thence North 87019104" West 50.03 feet to a point; thence South 00 51154" West 49.00 feet (formerly described as South 00 0 III West 49 feet) to a point; thence South 65047154" West 276.30 feet (formerly described as South 64057' West 276.3 feet) to a point; the n c e Nor t h 00 2 6 ' 4 2 II E a s t 1 2 6 . 08 fee t t 0 a poi n t ; thence North eo 2411511 West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; thence South 89032'1511 East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the ORDINANCE Page - 4 AMBROSE, FITZGERALD & CROOKSTOM Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83$42 Telephone lI88.4461 point of beginning, comprlSlng 7.02 acres (305,974.72 square feet), more or less, AND EXCEPT A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T. 3N., R. lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 8902810611 West 1,320.51 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7, also said point being the REAL POINT OF BEGINNING; thence South 890 2810611 East 65.31 feet (formerly described as North 89 0411 East 53. 2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South r 24'5411 West 25.00 feet (formerly described as South if 341 West 25.0 feet) to a point; thence South 490 56106" East 161.10 feet (formerly described as South Sif4?' East 161.1 feet) to a point; thence South 250 01'06" East 76.92 feet (formerly described as South 250521 East) to a point; thence North 8g 29'0211 West 222.30 feet to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; the n c e Nor t h 00 30 1 58" E as t (f 0 r mer 1 y des c rib e d as Nor t h (J' 34' East 197.00 feet) along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to the point of beginning, comprising 0.664 acre (28,937.35 square feet), more or less, AND ALSO A parcel of land being a portion of the SW 1/4 of the NE 1/4 of Section 7, T. 3M., R. 1 E., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; ORDINANCE Page - 5 AMBROSE. FITZGERALD & CROOKSTON Attornoys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 688.4461 I! I thence South 0026154" West 2,649.57 feet along the Easterly boundary of the said NE 1/4 of Section 7, which is also centerline of Locust Grove Road, to a point marking the one-quarter corner common to the said Section 7 and 8; thence South 89033'5211 West 1,418.83 feet along the Southerly boundary of the said NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0030158" East 25.00 feet to a point on the Northerly right-of-\'/ay line of the said East Pine Avenue, also said point being the REAL POINT OF BEGINNING; thence continuing North 0030158" East 200.03 feet to a point; the n c e Sou t h 8 90 3 3 I 5 2" We s t 5 6 6 . 78 fee t t 0 a poi n t ; thence South 0032159u West 200.03 feet to a point on the said Northerly right-of-way line of East Pine Avenue; thence North 89033152u East 566.90 feet along the said Northerly right-of-way line of East Pine Avenue to the point of beginning, comprising 2.60 acres (113,367.33 square feet), more or less, and containing a net area of 3.27 acres (142,304.68 square feet), more or less, PARCEL 2 -- C-G GENERAL COMMERCIAL A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R. 1E., B.M., Ada County, Idaho and more particularly described as follows; Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89028'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0026'54" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 2~ 23100" West 87.14 feet to a point; thence South (f 26154" West 326.80 feet to a point; ORDINANCE Page - 6 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan,ldaho 83642 Telephone 88lI-4461 thence South 84044'0011 West 339.00 feet to a point; thence North 87019'0411 West 50.03 feet to a point; thence South 00 51'54" West 49.00 feet (formerly described as South 000111 West 49 feet) to a point; the n c e Sou t h 6 50 4 7 ' 54 II VI est 2 7 6 . 30 fee t ( for mer 1 y described as South 64057' West 276.3 feet) to a point; thence North 0026'42" East 126.08 feet to a point; thence North 0024115" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; thence South 89032'1511 East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning~ comprising 7.02 acres (305,974.72 square feet), more or less. PARCEL 3 -- L-O LIMITED OFFICE A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T. 3N., R. 1E., 8.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 8902810611 West 1,320.51 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7, also said point being the REAL POINT OF BEGINNING; the n c e Sou t h 89 0 2 8 1 0 6 'I E a s t 6 5 . 3 1 fee t ( for mer 1 y described as North 890411 East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 1024154" West 25.00 feet (formerly described as South 00341 West 25.0 feet) to a point; thence South 490 56'0611 East 161.10 feet (formerly described as South 50047' East 161.1 feet) to a point; thence South 25 00110611 East 76.92 feet (formerly des c rib e d asS 0 u t h 25 052 1 E a s t) to a poi n t ; ORDINANCE Page - 7 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couns"lors P.O. Box 427 Merldlsn, Idaho 83642 Telaphone 88&4461 thence North 89029102" West 222.30 feet to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; the n c e Nor t h 00 30 1 5 8 II E a s t (f 0 r mer 1 y des c rib e d a s Nor t h o 034 1 E as t) 1 9 7 . 00 fee talon g the We s t e r 1 y b 0 u n d a r y 0 f the NE 1/4 of the NE 1/4 of Section 7 to the point of beginning~ comprising 0.664 acre (28,937.35 square feet), more or less, AND ALSO A parcel of land being a portion of the SW 1/4 of the NE 14 of Section 7, T. 3N., R. 1 E., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence South 0026154" West 2,649.57 feet along the Easterly boundary of the said NE 1/4 of Section 7, which is also centerl ine of Locust Grove Road, to a point marking the one-quarter corner common to the said Section 7 and 8; thence South 89 033152" Wets 1,418.83 feet along the Southerly boundary of the said NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0 0:30 I 58" Eas t 25.00 feet Northerly right-of-way line of the Avenue, also said point being the BEGINNING; to a point on the said East Pine REAL POINT OF thence continuing North 0030'58" East 200.03 feet to a point; thence South 89033152" West 566.78 feet to a point; thence South ~ 32159" West 200.03 feet to a point on the said Northerly right-of-way line of East Pine Avenue; thence North 89033152" East 566.90 feet along the said Northerly right-of-way line of East Pine Avenue to the point of beginning, comprising 2.60 acres (113,367.33 square feet), more or less, and containing a net area of 3.27 acres (142,304.68 square feet), more or less. ORDINANCE Page - 8 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 42~ Merldlan,ldahi>" 83642 ". Telephone 886,4461 ~~ Section 2: That the property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the requirements contained in the Findings of Fact and Conclusions of La~J adopted by the City Council of the City of Meridian, which are incorporated herein as if set forth in full. The property shall also be subject to the restrictions of the Idaho Department of Transportation 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 1 aw. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this/~l day of October, 1991. APPROVED: ~Le~___ ATTEST: \;" AMBROSE, FITZGERALD & CROOKSTON Allorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 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 "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND GENERALLY LOCATED ON EAST FAIRVIEW NORTH OF PINE; AND PROVIDING AN EFFECTIVE DATE; passed as Ordinance No. 559 by the CitJ?Fo\!nE. i,l a.n d. Mayor of the City of Mer i d i an, on t~ day of LLJe.hL'fk..~_.______, 1991. DATED this~eJ~ day of m~h('~ , 1991. STATE OF IDAHO,) ~~- b~ ./.ITrir CEf"RKOF ~ITY C/" ADA OUN TY~/ DA HO. .........._m.~ OF ME'RIDIAN s s . County of Ada, ) On this 2 day of October , 1991, before me, the u n d e r s i g n ed, a Not a r y p'LrblTC i n and-for the s aid S tat e , 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 the executed the same. SEAL IN WITNESS WHEREOF, I have hereunto set my hand and affixed year in th i s;~cate firs t ahove ta y Puo ic o~o esi ing at Meridian, Idaho ~ mmission expires: 04/01/93 my official seal the day and written. " , ~~,~'HUgepo ~~~...., r::! /{r" .....+:.~ \':,_J L.,~,.-~:~ "4 A'~lF ~;-% >;,t..... -:;-:/.~"-.'--' """"'...)0'0') ~. 0' ~.@.., :: \'-t'"' ,r? ~'%. Ul ~ ::"""} +1rj ",,<>;;f:0, ~ ~~ ~ ~ ;"1 ...;,~';,t""\j/;(I~ 0- ,p ::- f~j \i..\ "-~ iT 0 :. ""'" 0 ~ ~... :: 1';) _ ~: ::.>~~,f)r. ~\c ~: ~ ~'. ~~:\ V B \so :: ~ ~~ ~ ,,;- ~,,\"'e ~ "".. ~i~........, ~,.~ .... "'f/ k't~ f':.I1"~:\ " """ ~ t:: ry}r 't: ",-\;' "''''~'''''\ ORDINANCE Page - 10 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 MerIdian, Idaho 83$42 Telephono 6lla-4461 "I EXHIBIT IIA" A parcel of land lying in the NE 1/4 of Section 7, T.3N., R.1E., 8.M., Ada County, Idaho and more particularly described as follo't/s: Commencing at a point marking the section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 8902810611 West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0026154" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 2? 23'00" West 87.14 feet to a point; thence South 0 ~6'54" West 326.80 feet to a point; the n c e Sou t h 8 4 04 4 I 00 " We s t 3 39 . 0 0 fee t t 0 a poi n t ; the n c e Nor t h 8 7 01 9 1 04 II We s t 5 0 . 0 3 fee t t 0 a poi n t ; thence South 0051154" West 49.00 feet (formerly described as South ~ 011 West 49 feet) to a point; thence South 650 4715411 West 276.30 feet (formerly described as South 6lf 57' West 276.3 feet) to a point; thence South 270 5110611 E as t 150.00 feet (formerly described as Sou t h 28 0421 East 150.0 feet) to a point; thence South 190 5210611 East 114.70 feet (formerly described as South 20 043 I East 114.7 feet) to a point; thence South 310 08'0611 East 73.70 feet (formerly described as South 31' 591 East 73.7 feet) to a point; thence South 4 70 52 I 0 6 " East 131.00 feet (formerly described as Sou t h 48 043 [ East 131.0 feet) to a point; thence South 42057109" East 66.00 feet (formerly described as South 420391 East 66.00 feet) to a point; thence South 29047'09" East 94.00 feet (formerly described as South 29029" East 94.00 feet) to a point; thence South 0 052'0911 East 178.61 feet (formerly ORDINANCE Page - 11 AMBROSE. FITZGERALD & CROOKSTON Allorneys and Counselors P.O. Box 427 Meridian, Idsho 83642 Telephona 888-'1461 ,.' ( described as South 0034' East 165.0 feet), to a point on the Southerly boundary of the NE 1/4 of the said NE 1/4 of Section 7; thence North 890 57'09" West described as South 890451 West) Northeast corner of the SW 1/4 Section 7; 647.02 feet (formerly to a point marking the of the said NE 1/4 of thence South 0030158" West 1,085.96 feet along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 7 to a point; thence South 89033'52" West 95.00 feet to a point; thence South 0 "30'58" West 250.00 feet to a point on the Southerly boundary of the said SW 1/4 of the NE 1/4 of Section 7; thence South 89033'52" West 566.91 feet along the said Southerly boundary of the SW 1/4 of the NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0032'59" East 956.99 feet (formerly described as North 962.0 feet) to a point; thence South 890331521J West 360.36 feet (formerly described as West 359.0 feet) to a point; thence North 0034'5811 East 1,059.89 feet (formerly described as North 1,023.0 feet) to a point; thence South 89042138" East 1,020.34 feet (formerly described as East 1,019.00 feet) to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0030'58" East (formerly described as North 0034' East 667.98 feet) along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7; thence South 890 28'06" East 65.31 feet (formerly described as North 89 ~1' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 1 024'541J West 25.00 feet (formerly described as South 0034' West 25.0 feet) to a point; ORDINANCE Page - 12 \:lBROSE, ~~ERALO 'OKSTON '1, " and \rs 1'" Mat \ ia\epli. thence South 49056106" East 161.10 feet (formerly described as South 500471 East 161.1 feet) to a point; thence South 25001106" East 183.00 feet (formerly des c rib e d asS 0 u t h 2 50 5 2 1 E a s t 1 8 3 . 0 fee t) t 0 a poi n t ; thence South 8014106" East (formerly described as South 90051 East 217.54 feet) to a point; thence North 00 24115" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; thence South 89032115" East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 57.27 acres (2,494,476.58 square feet), more or less. ORDINANCE Page - 13 915 5 ? 7 2 C.\ . A D f," , -, '/ .~. r., ~ tLt ~ ....: . _ Jcl'''''.. ,i Ii, r L. 1- 01\ ~~hA4U,..1)t'") J. Di1Vj, ','!;{,'/ .PD(I ~ h . n, ~ ., ~ i \ ..J RECORDr::R BY qcn ORDINANCE NO. ssg '91 OCT Y ArJ 8 5Y BILL STUHR AND RUSS HUNEMILLER AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SW 1/4 SW 1/4 OF SECTION 2, T. 3N., R. 1W., BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SECTION 2, T. 3N., R.1 W., B.M; THENCE N. 000 19' 1111 E. 512.53 FEET TO THE POINT OF BEGINNING; THENCE N. 000 19' 1111 E. 810.66 FEET; THENCE S. 880 54'12" E. 1325.96 FEET; THENCE S. 000 17' 24" W. 1328.65 FEET; THENCE N. 880 38' 31" W. 909.24 FEET; THENCE N. 000 19' lIt! E. 512.53 FEET; THENCE N. 880 38' 31" W. 417.50 FEET TO THE POINT OF BEGIN~ING, GENERALLY LOCATED AT THE NE CORNER OF CHERRY LANE AND TEN MILE ROAD, MERIDIAN, 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: BILL STUHR AND RUSS HUNEMILLER ANNEXATION: A PORTION OF THE SW 1/4 SW 1/4 OF SECTION 2, T. 3N., R. 1W., BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SECTION 2, T. 3N., R.1 W., B.M, THENCE N. 00019'11" E. 512.53 FEET TO THE POINT OF BEGINNING, THENCE N. S. S. N. 00019'11" E. 88054'12" E. 00017'24" W. 88038'3111 W. N. 00019'1111 E. N. 88038'31" W. 810.66 FEET, THENCE 1325.96 FEET, THENCE 1328.65 FEET, THENCE 909.24 FEET, THENCE 512.53 FEET, THENCE 417.50 FEET TO THE POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY MERIDIAN, ADA COUNTY, IDAHO: ORDINANCE Page - 1 Section 1: That the above described and referenced real property is hereby annexed to the City of Meridian, and shall be zoned as follows: Residential (R-4.). Section 2: That the property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the requirements contained in the Findings of Fact and Conclusions of Law adopted by the City Council of the City of Meridian, which are incorporated herein as if set forth in full. 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 Ci ty of Meridian, Ada County, Idaho, this 1..S:J day OfU}.) be ~ 1991. APPROVED: ~{JH-I ATTEST: ~.. "'~ Page - 2 STATE OF IDAHO ss. 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 t!AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SW 1/4 SW 1/4 OF SECTION 2, T. 3N., R. 1W., BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DES- SCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SECTION 2, T. 3N., R.1 W., B.M; THENCE N. 00019'11" E. 512.53 FEET TO THE POINT OF BEGINNING; THENCE N. 00019'11" E. 810.66 FEET; THENCE S. 88054'12" E. 1325.96 FEET; THENCE S. 00017'24" W. 1328.65 FEET; THENCE N. 88038'3111 W. 909.24 FEET; THENCE N. 00019'11" E. 512.53 FEET; THENCE N. 88038'31" W. 417.50 FEET TO THE POINT OF BEGINNING, GENERALLY LOCATED AT THE NE CORNER OF CHERRY LANE AND TEN MILE ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No.,5:t;f( by tp.e City _S9JJn<rj,l and Mayor of the City of Meridian, on the)~ day o~(j:J,:.. be.......-' , 1991. ( f ) DATED thisc.Y..vt:1 day oU,iotber----- , 1991. ( STATE OF IDAHO ss. County of Ada // ~.tyh~ E CITY OF MERIDIAN AHa. On this ~day of October , 1991, before me, the under- signed, a Notary Public in and 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 off~cial seal the day and year in this certificate first above writte"n. ~~~1a'~1Cf,"" ctt/j;" '.;:! ;"p!}q ~~~. \'".! t~~'",~_,.._(~:~ ;J AQ~(, ~'I:."" '~~';>,. '('t:,-~t-;-"'-~'--'''''"0r;.:{;::;._ ~itY ~,Q~ ~ __ \'{' ({7 ~_. "-lb t!~ ~ ~ ... r1 '''il" 4\",...... 'l." p :- .. (, ::. i:'Y.i:'.;."" t.. i:J. ~ A' r 0 - :: () ~ -: :: " t)~<v: .... O;f)} ~v :0~l:l. ~ ".tj!""'~';, " ~ .,.. ~~~ '. ~ ~ , :: -.:;, " ';;>-, . ff'.~ ,;,:- """, J ./::' Ii -<o.--";'.r:'\"Ct.. ~0OCJtfi',fF. ~. 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