HomeMy WebLinkAbout1992 09-15
ITEM:
8:
9:
10:
11:
!
(
AGENDA
.MERIDIAN CITY COUNCIL
SEPTEMBER 15, 1992
1:
MINUTES OF THE PREVIOUS MEETING HEW SEPI'EMBER 1, 1992; (APPROVED)
PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY AND FINAL PLAT CORNER OF THE
VINEYARDS # 2: (APPROVED)
PUBLIC HEARING: PRLIMINARY PLAT ON THE LANDING SUBDIVISION # 3: (TABLED)
FINAL PLAT ON THE LANDING SUBDIVISION PHASE # 4 & PHASE # 5: (TABLED )
PUBLIC HEARING: REZONE REQUEST BY"JAMES THCMPSON: (APPROVED)
2:
3:
4:
5:
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR DAY CARE BY KALYN
HARDING & T..AMERA DAVIS: (TESTIMONY TAKEN)
6:
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR HCME BEAUTY SHOP BY
GINGER R.ZillKER: ( APPROVED )
PUBLIC HEARING: REQUEST FOR REZONE W/CONDITIONAL USE PERMIT FOR DAY CARE
BY LINDA PADDC:X:K: (NEW FINDINGS TO BE PREPARED)
7:
CONDITIONAL USE PERMIT FOR WAYNE & KAREN FORREY, PROPERTY IN OLD 'l'OVN DISTRICT:
(APPROVED)
PUBLIC HEARING:
REQUEST BY SUE PECKAM, CHIIDREN FIRST, FOR TRANSFER OF CONDITIONAL USE PERMIT
FOR DAY CARE CENTER FRa1 GREENLEAF FRIENDS ACADEMY ON PROPERTY LCX.::ATED AT
407 EAST FAIR\TIEVV AVE: (APPROVED) _
ORDINANCE #585: ORDINANCE ANNEXING & ZONING PROPERTY ON FAIRVIEW AVE OCCUPIED
BY L.B. PROPERTIES: (NEED TO APPROVE CONDITIONAL USE PERMIT IF ORDINANCE APPROVED:
· (APPROVED )
DEPAR1MENT REPORTS:
(
/
(
MERIDIAN CITY COUNCIL
SEPTEMBER 15~ 1~92
The Regular Meeting of the Meridian City Council
order by Mayor Grant P. Kingsford at 7:30 P.M.:
was called to
Members Present:
Corrie.
Ron Tolsma, Bob Giesler, Ma~ Yerrington,
Bob
Others Present: Sue Joanne, Roy Peckham, Kathy Townley, Vane
Daulin, VerI Roberts, Ruth Wassmuth, Laura Conner, Dorothy
Russell, Wayne S. Forrey, Steven Breen, Mike & Nancy Swenson,
Kathe' Mitchell, Pat Fujii, Ginger Ba~ter, Matt Lorcher, Heidi
Sellers, Gary Smith, Wayne Crookston, Linda Paddock, David
Turnbull, Guy Walker:
MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 1, 1992:
The Motion was made
approve the minutes
1992 as written:
by Tolsma and seconded by
of the previous meeting held
Yerrington to
September 1,
Motion Carried:
All Yea:
ITEM #1: PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY AND FINAL
PLAT CORNER OF THE VINEYARDS #2:
Kingsford: I will
representative present,
open the Public
if so please come
Hearing is
forward and be
there
sworn.
a
Doug Hay, 1806 SE 5th Way, was sworn by the attorney.
Hay: Would like to get a building permit as soon as possible. I
would be happy to answer an further questions you might have.
Tolsma:
You've seen all the comments?
Hay: Yes sir we've seen those. There was only one question
about an irrigation canal that goes along Linder and we are
planning on removing that canal.
Tolsma: The irrigation ditch your removing is not a flow through
ditch, correct?
Hay:
No sir it's not.
Giesler:
that was
You didn't have any
mentioned.
problem with that 40'
right of way
Hay:
No sir.
Kingsford:
Thank you.
Anyone else to testify?
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 2
Ma~ Boesiger, 1399 E. Monteray Drive, Boise, was
att orney.
sworn by the
Boesiger: I represent the
parcel was bought from.
irrigation issue either.
developer of the
We don't have
property that this
a problem with the
Giesler: I feel we should have a release of some kind from Nampa
Meridian Irrigation District stating that that would be in fact
okay.
Boesiger:
Yes that should be no problem.
Kingsford: Anyone else to testify? No response.
the public hearing.
I will close
The Motion was made by Tolsma and seconded
the Findings of Fact and Conclusions of
Planning & Zoning.
by Corrie to approve
Law as prepared for
Roll Call Vote:
Tolsma - Yea;
Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Motion Carried:
All Yea:
The Motion was made by Tolsma and seconded by Corrie to instruct
the attorney to prepare an Ordinance for rezone on that property.
Motion Carried:
All Yea:
ITEM #2: PUBLIC HEARING:
SUBDIVISION #3:
PRELIMINARY PLAT ON THE LANDING
Kingsford:
At this time I will open the public hearing.
Dave Turnbull, 11322 W.
the attorney.
Hickory Bark Drive, Boise, was
sworn by
Turnbull:
Does anyone have any questions?
Giesler:
access.
Concerns about traffic problem with only the one
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 3
Turnbull: Basically ACHD has requested that Waltman Lane be
abandoned and realigned further to the north. We have provided a
stub out to the location that they have requested, they will take
it from that point it becomes their responsibility. Secondly we
have provided other stub outs farther to the south on both the
east and the west. There's been a restriction placed on how many
units can be developed before we actually connect emergency
access to the present Waltman Lane for fire department access and
there is a further restriction on how many units can be developed
until we provide another access to the west.
Giesler:
Linder Rd.
Eng. Smith do we
and Franklin?
have a
time frame
on a
signal at
Eng. Smith: There's no time frame on the signalization at that
intersection.
Discussion (see tape)
Kingsford: Thank you. Anyone else to testify?
Gary Fors, 843 Lilac, was sworn by the attorney.
Fors: At a previous meeting I requested a fence be built between
the subdivision and my business, as of yet this hasn't been done
and it was agreed to. I would like to know from any of you
whether its going to be done or not.
Kingsford: I'm sure that if he agreed to it and it is in the
minutes that it will be done. Anyone else to testify?
Kathryn Townley, 521 Waltman Lane, was sworn by the attorney.
Townley: You've mentioned Waltman Lane, does that mean it's
still a possibility that in fifteen years that it would be access
to the subdivision?
Kingsford: I don't think they have arrived at what they are
going to adopt as far as that intersection. Thank you. Anyone
else to testify?
Mike Swenson, 815 Waltman Lane, was sworn by the attorney.
Swenson: Basically we have one concern and that is our
irrigation rights come from the east side of that property which
is our main source of water for irrigating. We do have the water
rights as far as we know.
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 4
Kingsford: Your property then borders this on the east.
Swenson: Yes.
Kingsford: I'm sure that if you have water rights it's unlawful
to separate the land from the water so those would have to be
honored. Thank you. Anyone else to testify?
Matt Lorcher, 740 Waltman Lane, was sworn by the attorney.
Lorcher: We've got property bordering this subdivision and I see
on the new plat he's got a future access road dead ending on our
property line. I was wanting to know what that is going to do
later on down the road? If the County later on might say well we
need your farm land to put a road through here and condemn it or
anything like that.
Kingsford: That's certainly a possibility. We don't want to
land-lock you so you couldn't subdivide that if that was your
desire and that would grant access to it. Your certainly right
that if the Highway District were to decide that they needed
access they would have to pay what the prevailing price was but
they could in fact use that.
Fors:
Basically I will be landlocked with this subdivision.
Kingsford:
You have access currently onto Linder don't you?
Fors: Yes.
Dave Turnbull: Your absolutely correct on the water rights we
can't separate them from their water rights. This property is
zoned R-4 and we spent the last six months trying to design it to
everybody's satisfaction. We have thrown a park into the project
and our lots are of substantial size. We've done everything we
can to resolve the traffic issue.
Kingsford: Thank you. Anyone else to testify? No response. I
will close the public hearing.
Corrie: I have a question for the Engineer. On your memorandum
there was a question about building without a second access. On
August 5th we have a copy of the revised one and a copy of ACHD
approval. Has that been corrected?
MERIDIAN CITY COUNCIL
SEPT.. 15, 1992
PAGE 5
Eng. Smith: The Highway District wrote a memorandum. In that
memorandum they outlined the conditions of development of this
subdivision with regards to access points. In that memorandum
they so that so many lots can be developed prior to the emergency
access being built at Waltman Lane. Also so many lots can be
developed prior to the additional access either to Franklin Road,
Linder or Meridian Road, however the developer can get there.
Giesler: Has ACHD ever said anything as far as a time frame for
the intersection?
Eng. Smith: No.
Kingsford:
Did they even address Franklin and Linder?
Eng. Smith:
No not that I know of.
Kingsford: I think certainly if not signalization, at least a
widening of Franklin at that point to match up with Crestwood.
Giesler:
What would the feasibility of a four way stop there?
Eng. Smith: I would doubt very seriously if the Highway District
would put a four way stop on Franklin Road.
Discussion on Engineer's comments - see tape.
Turnbull: We've met with ACHD and your people here and we've
hashed this thing over and we hires a certified traffic engineer
to do a traffic study of the project. That was submitted to ACHD
and based upon those Findings they met with us and asked for
certain requirements for the traffic layout of the subdivision,
which we complied witha I understand Mra Giesler's concern about
the intersection at Linder and Franklin, all I can say is that
that is something that ACHD is responsible for handling. The
subdivision is generating the revenue to handle that. We've
provided everything that has been asked of us.
Discussion Held (see tape).
Giesler: I would recommend that we deny or table this until we
get something worked out for this intersection before this is
approved.
Tolsma: I think we could probably meet with ACHD and
what our problems are.
show them
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 6
The Motion was made by Giesler and seconded by Yerrington to
table this until the next Council Meeting October 5th.
Motion Carried: All Yea:
ITEM #3: FINAL PLAT ON THE LANDING SUBDIVISION PHASE #4 & #5:
The Motion was made by Giesler and seconded by Corrie to table
this item until the next Council Meeting October 6th.
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING:
REZONE REQUEST BY JAMES THOMPSON:
Kingsford: At this time I will
there someone present to testify?
the public hearing.
open the public
No response.
hearing. Is
I will close
The Motion was made by Corrie and seconded by Giesler to approve
the Findings of Fact and Conclusions on the rezone application6
Roll Call Vote: Yerrington - Yea;
Tolsma - Yea;
Giesler - Yea; Corrie - Yea;
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Yerrington to have
the City Attorney draw up the rezone ordinance.
Motion Carried: All Yea:
ITEM #5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
DAY CARE BY KALYN HARDING & TAMERA DAVIS:
Kingsford: They have called and asked to be taken off the agenda
tonight.
The Motion was made by Tolsma and seconded by Giesler to table
this until the next meeting.
Motion Carried: All Yea:
Kingsford: With this being a public hearing shouldn't we still
hear public testimony?
Crookston:
Yes.
MERIDIAN CITY COUNCIL
SEPT.. 15, 1992
PAGE 7
Kingsford: I will open the public hearing~
present who wishes to testify on this issue.
Is there anyone
Heidi Sellers, 331 W. Idaho, was sworn by the attorney.
Sellers: My concern is the property location.
want to build I don't feel they are high enough.
The fences they
Kingsford: Our anticipation is that they are going to withdraw
that request. They have said that verbally but we have to
proceed until we get a written confirmation. Thank you. Anyone
else?
Ruth Wassmuth, 222 W. Idaho, was sworn by the attorney.
Wassmuth: I still feel a big objection to this. They have done
nothing as far as maintenance or to the yard until Sunday. I
still propose that we say no to this request.
Kingsford: Anyone else to offer testimony? No response.
close the public hearing.
I will
Giesler: On that issue there was a number of individuals that
signed a petition opposing this. Because of the court decision a
year ago the neighbors really don't have any say about what goes
in next to them. This is something I disagree with.
Kingsford: I would say this, we still want to hear that
testimony and will the court said we probably couldn't deny it,
certainly it will aid us in placing conditions.
Corrie: I went down and looked at the house and there would be a
lot of conditions they would have to meet to improve that corner.
ITEM #6: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
HOME BEAUTY SHOP BY GINGER BARKER:
Kingsford: At this time I will open the
there anyone who wishes to testify?
public hearing.
Is
Ginger Barker, 2181 N. Sapphire Pl., was sworn by the attorney.
Barker: I'm just wanting to put
my house.
in a one chair beauty salon
in
Giesler: She is aware that the rates could change on the water
and sewer.
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 8
BarKer:
Yes I am.
Kingsford: Thank you. Anyone else to testify? No response. I
will close the public hearing.
The Motion was made by Giesler and seconded by Yerrington to
approve the Findings of Fact and Conclusions of Law regarding the
Conditional Use Permit for Ginger Barker.
Roll Call Vote:
Tolsma - Yea;
Yerrington - Yea;
Giesler - Yea; Corrie - Yea;
Motion Carried:
All Yea:
The Motion was made by Giesler and seconded by Tolsma to approve
the Conditional Use Permit for Ginger Barker.
Motion Carried:
All Yea:
ITEM #7: PUBLIC HEARING: REQUEST FOR REZONE W/CONDITIONAL USE
PERMIT FOR DAY CARE BY LINDA PADDOCK:
Kingsford: I will open the Public Hearing.
present who wishes to testify?
Is there anyone
Guy Walker, 9119 Austin, Boise, was sworn by the attorney.
Walker: With all due respect to the Planning and Zoning and
their recommendation for denial of the rezone and Conditional Use
Permit for this facility I would like to address the two
pertinent issues of the Findings of Facts and Conclusions.
First, the fact being that the City, as you area aware, is within
its legal authority to grant the rezone and conditional use
permit as noted in the Facts and Findings. The second issue is
regarding the conclusion of the Findings of the Planning and
Zoning. It is regarding the alternate parking and traffic
patterns were presented which I believe regretfully have caused
confusion as to the development of the property. We received
information from ACHD with regard to their recommendations as to
traffic patterns and just the day before the meeting and so we
had very little time to prepare the alternates and so forth.
Therefore, I felt it was a little bit confusing to the Planning
and Zoning. Therefore, I've provided you with a more detailed
plan of development of the property of which was one of
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 9
the alternates and with the suggestions of Gary Smith and Larry
Sales of ACHD should the City grant the rezone and conditional
use permit. (Further explanation - see tape) There was not one
property owner within the required distance objected to this
facility. Explained project. The playground area would be in
front with a six foot chain link fence with no gates. The
existing hedge goes clear out to the street and presently creates
a hazard for us to be able to exit from that driveway out onto
Cherry Lane. We are proposing to move that hedge and cut it back
at least to be lined with the house or even with the pleasure of
the City Council we could remove the hedge completely and install
a wood fence that would have the proper set-backs. Explained
improvements further. We are requesting that the City Council
give this consideration for approval for the Conditional Use
Permit and rezone. She does run a very nice business.
K.ingsford:
Anyone else to testify?
Pat Fujii, 4345 Pasadena Drive, was sworn by the attorney.
Fujii: Thanked City Council for concern and following through on
a previous irrigation problem. My husband and I own the rental
next door to this proposed project. As Mr. WalHer said we did
want a six foot fence to keep that high hedge between us. How old
are the children?
Walker:
Infant up to two.
Fujii: Explained concerns about having a chain link fence. I
would rather have a complete fence all the way around. I would
like them to make clear to the parents of the children in the day
care that our asphalt is not a parking area for them. Like we
have stated before, we do have a machinery coming in and out of
that area and it CQuld become very dangerous.
Tolsma: The hedge separates your property?
Fujii: Yes.
Tolsma: But you would prefer that the hedge be left there.
Fujii: If it's kept nicely and taken care of.
Discussion on height of fences - see tape.
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 10
Corrie: I don't see any problem with the younger children
crawling over the fence.
Walker: The fence is not going to be built on the sidewalk. It
will be built on the property.
Kingsford: Thank you.
Anyone else to testify?
Jane Davlin, &03 Lawndale Drive, was sworn by the attorney.
Davlin: My property is about 10 foot from the Inchworm Day Care
that is presently operating. I have had a couple problems. The
building started at this site at 6:30 A.M. on a Saturday morning,
I called Linda PaddocK and she agreed it was a little early* She
did call off the construction for awhile. The first year I
noticed a child on the roof, I called over and was told it was
her grandson. They have two school buses, one of the buses has a
padlock on the emergency exit door. The parking lot is not
always working. I notice people pulling up in front on Crestmont
to drop their children off. That is supposed to be for the
employee parking. When I heard they were applying for another
Day Care, I went over and took a tour and at that time I was told
they were licensed for 50 children. I do not live within the
area of this Day Care but I feel these concerns needed to be
heard.
Kingsford: Thank you. Anyone else to testify? No response. I
will close the public hearing.
The Motion was made by Tolsma and seconded by Yerrington to have
new Findings of Fact prepared*
Motion Carried:
All Yea:
ITEM #8: CONDITIONAL USE PERMIT FOR WAYNE AND KAREN FORREY,
PROPERTY IN OLD TOWN DISTRICT:
The Motion was made by Tolsma and seconded by Corrie to approve
the Findings of Fact and Conclusions of law for Wayne and Karen
Forrey property:
Roll Call Vote:
Tolsma - Yea;
Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Motion Carried:
All Yea:
(
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 11
The Motion was made by Yerrington and seconded by Tolsma to
approve the Conditional Use Permit for Wayne and Karen Forrey.
Motion Carried: All Yea:
ITEM #9: PUBLIC HEARING: REQUEST BY SUE PECKAM, CHILDREN FIRST,
FOR TRANSFER OF CONDITIONAL USE PERMIT FOR DAY CARE CENTER FROM
GREENLEAF FRIENDS ACADEMY ON PROPERTY LOCATED AT 407 EAST
FAIRVIEW:
Kingsford: This is a public hearing
time. Is there anyone to testify?
the public hearing.
so I will open that at this
No response. I will close
The Motion was made by Giesler and seconded by Tolsma to approve
the transfer of the Conditional Use Permit from Greenleaf.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
ITEM #10: ORDINANCE #585: ORDINANCE ANNEXING AND ZONING
PROPERTY ON FAIRVIEW AVE. OCCUPIED BY L.B. PROPERTIES: (NEED TO
APPROVE CONDITIONAL USE PERMIT IF ORDINANCE APPROVED):
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND
ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF
THE NW 1/4 OF THE NE 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE: Is there anyone present who wishes Ordinance
#585 read in its entirety? No response.
The Motion was made by Tolsma 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 #585 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 12
Dave Turnbull: These houses will be built in phases, not all at
one time. We were going to offer was that the Council approve
the project to proceed with the next two phases, being 27 lots in
phase four and 30 lots in phase five and then based on the City's
satisfaction with ACHD's commitment to adequately address the
Franklin and Linder intersection. Secondly if ACHD wasn~t able
to address the concerns of the Council on the intersection, the
owners would consider funding the costs for signalization of that
intersection based upon the current intersection to be reimbursed
by ACHD through impact fees.
Kingsford: I'd suggest we do schedule a meeting with ACHD and
see if we can hit a remedy.
Turnbull: When's the next Council meeting?
Kingsford: October 6th.
Turnbull: That's to late for us.
Kingsford:
this.
We can't
do anything now since we've already tabled
ITEM #11:
DEPARTMENT REPORTS:
Jim Shearer: We had the bid opening on Friday for the parHing
lot. We received four bids this time. The low bid was
$19,612.00, in that original plan we had some railroad ties to
build up a retaining wall along Meridian Street. We bid as an
add alternate to put concrete curb instead of the railroad ties
in and that low bid for alternate #1 was $1,449.00. We put in
the full width sidewalk, brick strip and a new apron on Idaho
Street. We put that in as an add alternate and that portion come
in at $3,668.00 and our low bid if you took both alternates comes
out to be $24,729.00. I would recommend that you award to the
low bidder who is Rountree Company both the base bid and both
alternates.
Kingsford: It is my recommendation that this be awarded to the
low bidder.
The Motion was made by Yerrington and seconded by Tolsma to award
the bid to the Rountree Company for $24,729.00.
Motion Carried:
All Yea:
(
MERIDIAN CITY COUNCIL
SEPT. 15, 1992
PAGE 13
The Motion
authorize
papers.
was
the
made by Yerrington and seconded by Giesler to
Mayor and City Clerk to sign the appropriate
Motion Carried:
All Yea:
Wayne Forrey: Gary and I have been working to try and organize a
neighborhood meeting with the people that live in the Meridian
Place Subdivision. There's an 18" pipe that causes a restriction
when there's some rainwater in there and it causes some flooding
upstream. Gary thought that the Nampa Meridian Irrigation
District was aware of that and that they had agreed to make some
construction improvements. We were putting a letter together to
organize that meeting here at City Hall just to let citizens
know. I talked to the Irrigation District and they said well we
are not going to do that project, it' 5 not a priority anymore and
it's not in their construction budget for this winter. We
thought maybe we ought to let the Council know. They said if the
Council, you folks, really think that's a priority project they
will reopen their budget and see if they can find some funds.
Kin g s f 0 y'd : I f you' 11
I' 11 sign it.
address a letter to that
affect tomorrow,
Forrey: One thing I would like to mention as information only.
The Mayor has met this gentleman his name is Paul Chaseo, he is
the manager of the Kennewick Irrigation District. I've done some
consulting worK far them over the years and they are a very fine
irrigation district. In Kennewick, they accept all
responsibility for urban irrigation and drainage. They don't
avoid drainage problems, they just tack a fee to it and they will
work with the developer to handle waste or whatever. The Nampa
Meridian Irrigation District learned about KID and when I was
talking to them they mentioned that they were going to Kennewick
on a tour. They went on that last week and they were so
impressed with the way Kennewick and the KennewicH Irrigation
District handle urban run-off, drainage, and all those irrigation
issues that the board told me that they are going to kind of get
into a more positive mode, especially public relations wise.
They indicated they are going to organize a tour and they would
like for Gary and several of the Council members, Boise City
Council, City of Nampa, County Commissioners and all get together
and go to Kennewick and look at the way they handle it. Their
intent is to follow that model. I think there's a door that's
opening with that district.
MERIDIAN CITY COUNCIL
SEPT~ 15, 1'192
PAGE 14
Kingsford: Thank you Wayne. The School District has invited
members of the community to attend an AIDS workshop that they are
putting on this Thursday and I would encourage you to attend.
On Sunday the church that was here for rezone out on Linder is
having ground breaHing and has invited the Council to attend.
The Motion was made by Corrie and seconded by Tolsma to adjourn
at 9: 23 P. M. :
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
ATTEST:
.c!Wlir-
---
(
\ .'
" ,/
.........~_..-~__ <.r'"
AMBROSE,
FITZG ERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-<<61
ORDINANCE NO.ns..
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS, DESCRIBED AS A PORTION OF THE NW 1-/4 OF THE
NE 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO; 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 annex to the said City real property which is
hereinbelow described:
Commencing at a point 330 feet East of the NW corner of the
NW1/4 of the NE1/4 of Section 7, in Township 3 North, Range
1 East of the Boise Meridian, in Ada County, Idaho, the real
place of beginning; thence East 588 feet along the North line
of said section to a point; thence South 660 feet, more or
less, to the South line of the N1/2 of the NWl/4 of the NEl/4
of said section; thence West along said line, 588 feet to a
point; thence North 660 feet, more or less, to the real place
of beginning; excepting therefrom the following described
tract of land, to-wit: Commencing at a point on the North
line of ~he NW1/4 of the NE1/4 of said Section 7, Township
3 North, Range 1 East of the Boise ~eridian, in Ada County,
Idaho, 918 feet East of the NW corner thereof, the real point
of beginning; thence South at right angles 170 feet, and
parallel with the East line of said NWl/4 of the NE1/4 of
said Section 7; thence at right angles, and parallel with the
North line of Section 7, West a distance of 85 feet; thence
North and parallel with the East line of the NW1/4 of the
NE1/4 of said Section 7, 170 feet to the North line of said
Section 7; thence in an Easterly direction on said North line
to the real point of beginning.
AND
all that rectangular parcel of land lying adjacent to the
above parcel and which is south of the center line of the
road right-of-way of Fairview Avenue.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Sectio11 1.
That the above referenced real property
ORDINANCE
Page 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-<<61
described as:
Commencing at a point 330 feet East of the NW corner of the
NWl/4 of the NEl/4 of Section 7, in Township 3 North, Range
1 East of the Boise Meridian, in Ada County, Idaho, the real
place of beginning; thence East 588 feet along the North line
of said section to a point; thence South 660 feet, more or
less, to the South line of the N1/2 of the NWl/4 of the NEl/4
of said section; thence West along said line, 588 feet to a
point; thence North 660 feet, more or less, to the real place
of beginning; excepting therefrom the following described
tract of land, to-wit: Commencing at a point on the North
line of the NW1/4 of the NE1/4 of said Section 7, Township
3 North, Range 1 East of the Boise Meridian, in Ada County,
Idaho, 918 feet East of the NW corner thereof, the real point
of beginning; thence South at right angles 170 feet, and
paraJ.lel with the East line of said NWl/4 of the NEl/4 of
said Section 7; thence at right angles, and parallel with the
North line of Section 7, West a distance of 85 feet; thence
North and parallel with the East line of the NWl/4 of the
NE1/4 of said Section 7, 170 feet to the North line of said
section 7; thence in an Easterly direction on said North line
to the real point of beginning.
AND
all that rectangular parcel of land lying adjacent to the
~bove parcel and which is south of the center line of the
road right-of-way of Fairview Avenue.
is hereby annexed to the City of Meridian, and shall be zoned (C-
G) General Retail and Service Commercial; that the reason for the
(C-G) zoning is to allow the property to be used commercially,
which would be allowed in the (C-G) Commercial zone; that the
property shall be subject to site planning review and an
apprcpriate buffer shall be made from adjacent residential
property; that the annexation and zoning is subject to the
conditions referenced in the Findings of Fact and Conclusions of
Law as adopted by the Meridian Council on the request for
annexation and zoning.
ORDINANCE
Page 2
AM BROSE,
FITZGERALD
& CROOKSTO
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83M2
Telephone 888-<<61
Section 2.
That the property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall
not meet the conditions contained in the Findings of Fact and
Conclusions of Law, those stated herein, and the Ordinances of the
City of Meridian.
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, l\da County Assessor, and the State Tax
Commission within ten (10) days following the effective date of
this Ordinance.
Section 4.
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 its passage and
approval as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this 15th day of September,
1992.
APPROVED:
Page 3
STATE OF IDAHO,)
88.
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 DESCRIBED AS A PORTION OF THE NW 1/4 OF THE NE
1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDA!!QJ,.....AND PROVIDING AN EFFECTIVE DATE"; passed as
Ordinance No. ..5 Q..b , by the ~i~~unci1 and Mayor of the City
of Meridian, on the J..:i1l1 day O~~Nl b,-r , 1992, as the
same appears in my office.
DATED thisJ~t1 dav
Meridian
STATE OF IDAHO,)
ss.
County of Ada, )
On this Ih'l.day of Srpfember , 1992, before me,
the undersigned, a Notary Public 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
written.
f> 1 .
J. . .
~, ,
""""'6'" })
\" f\ S t"
,~, '\ u. 41 '" ~
", 'to.... ~ .8........ /)' ",
~ "If;' _fie 0. L~' ~
"" ~ QI- e ", ":..
~ 6) 0" A t'-'i ef) ,
.. I ~ .11"~. ..
.~ :~",. r ': :Notary P lie for Idaho
~ * i A lJ 'v 1 *" ~esiding at Meridian, Idaho
~ \ B\.. I ~
., ~ --- GP ~ ......
.......,...., .f~ -;:a"o..~1!j ~~ ,it....
~~~:7.1 f Of \\)r,~"
, 11'.'11 , I It , , \ \ \ \
SEAL
Attorneys and
Counselors
ORDINANCE
Page 4
9 2 631 6 Y
Q\~ . ~
ADA COUNTY, I D. FOR~d.l~
J. DAVID NNiARROA.A I f'i
RECORDER B
} 2. dO
AMBROSE,
FITZGERALD
& CROOKSTON
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-<<61
'92 SEP 18 APl 9 31
..~~
; '>> .
~
- ~-
,=-- -- ---- -:~,
)
i d
0'
~,..,..... l:-
~.-~ . :IG
~~I.II"IIII"'II"~'...".I.'.I'I. \
~ l.LJ~o f I 'WI
~ :-
~. fi
:~
";r;,
:-<
~j~
:-
1'0' j-
I ~ :r1.1....
4Go m:
......I.....I........I...i~ I
i
-~
<'
(
..... ~
...... .......
--...~ ~
~ .......~ ~ ~ ~ ---..-. ,......
-----:: .
:::.--"'
r.:
1
~
1-
~~
. ~,
.J~
11
~~
):.-(,/)t--iO
C'rT1:2::;o
)::In CJ
--; - -i J.-1
n f-,..( . I: '""'7
a 0 ;" j;
cz :z
Z zn
-f'-J::::m
-< ... ~
\01' .......... :z
-f~o
.......... . .
c::r w 0
:b Z -r, O'T
:I: · co
O~--{Ul
:I:....
;:0 fT1
.II V')
........ z ~
rr1 III -;
· ......... c:
... -.....)::t
~ --I
co rr1
· 00
3:/1
.
en
00
'Q
J
~.:-'
~
i
~ AI":
~~
. ;~ ~~
;U
~_/ . .5
:.' rn
~
::0 ' .... ~
0 ~,
r tJI
l> ~
z %\.~ ~ <
rrI m
Z
C
(TJ ~
..P ...
'"' m
//1 nOAO
t/' I I ~ ~fi- F
~ I~ ;;; 1]
{n
. . ----J I L.
l' :; ~ ~ . ~
----, ,--...
CD
-.I
"..
- ~ - -- ~OCUST- - - --(