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HomeMy WebLinkAbout1994 06-21~ ~ MERIDIAN CITY CQUNCiI AGENDA TUESDAY, JUNE 21, 1994 - 7:30 P.M. CiTY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JUNE 7, 1994: (TABLED UNTIL NEXT MEETING) 1. TABLED A7 JUNE 7, 1994 MEETING: LEASE AGREEMENT WfTH ~fEN HAMlLTON PRESENTATIONS: (TABLED UNTIL JULY 5, 1984) 2. FINDfNGS OF FACT AND CONCLUSIONS OF LAW FOR BRIC~HTON CORP. ANNEXATION AND ZONING REQUEST: (APPROVED) 3. ORDiNANCE #650 - DAKOTA RIDGE ESTATES ANNEXATiON: (APPROVED) 4. ORDINANCE #651 - ROCK CREEK SUBDIVISION ANNEXATtON: (APPROVED) 5. ORDINANCE #652 - WESTDALE PQ-RK NO. 2 ANNEXATIQN: (APPROVED) fi. ORDINANCE #653 - ROBERT GLENN ANNEXATtON: (APPROVED~ 7. ORDiNANCE - LID GLENNFtELD: (TABLED UNTIL JULY 5, 1994) 8. ORDINANCE - L1D PHASE 2 DOWNTOWN: (TABLED UNTIL JULY 5, 1994) 9. ORD)NANCE #654 - AVEST ANNEXATION: (APPROVED) 10. RESOLUTION #157 - SEWER INSPECTION FEES: (TABLED UNTIL JULY 5, 1994) 11. BOB McCAMMON: GREGORY ASHTON TORT CLAIM: (CLAIM DENIED) 12. FINAL PLAT: FOTHERGILL P41NTE NO. 2, 82 LOTS BY JOHN EWING: (APPROVED WITH CONDITIONS) 13. FINAL PLAT: THE LANDING NO. 7, 51 LOTS BY SKYLINE DEVLEOPMENT: (APPROVED WITH CONDIfilON5) 14. FINAL PLAT: FINCH CREEK SUBDIVIStON, 45 ~OTS BY CREEKSIDE DEVELOPMENT INC.: (TABLED UNTIL JULY 5~ 1994) ~ ~ 15. PUBLIC HEARtNG: REQUEST FOR ANNEXATION AND ZONING FOR FIRE LIGHT ESTATES BY RUNNING BROOK ESTATES AND HUBBLE ENGINEERING: ~APPROVED FINDINGS OF FACT AND CONCLUSIONS p~ LAW; CITY ATTORNEY TO PREPARE AN ORDtNANCE) 16. PUBLIC HEARING: REQUEST FOR ANNEXATIDN AND ZONING FOR TURTLE CREEK SUBD{VISION BY STEELE AND SONS AND JUB ENGIEERS: (TABLED UNTIL JULY 5, 1994j 17. DEPARTMENT REPORTS: A. GARY SMITH 1. BID RESULTS - MERiDIAN GREENS BOOSTER STATION ~ PHASE Il: (APPROVED) B. BRUCE STUART 1. PROGRAM FOR WATER QUALiTY C. WAYNE CROOKSTON 1. CONTRACT/ LICENSE AGREEMENT WITH lRRIGATION DISTRICT D. WALT MORROW 1. ACHD STREET 1MPROVEMENT PR4JECT 2. ZONING/ DEVELOPMENT ORDINANCE CHANGES 3. BUDGET HEARING - WORKSHOP E. BOB CORRIE 1. tMPACT FEE CQMMITTEE MEETING F. RON TOLSMA 1. TULLEY PARK G. MAYOR KINGSFORD 1. MAYOR COLES TASK FORCE ON YOUTH 2. SPECfAL MEETING REMINDERS • ~ MERIDIAN CITY COUNCiI , JUN~ 21, 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Watt Morrow, Bob Corrie, Ron Tolsma: Members Absent: Max Yerrington Others Present: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, David Turnbull, Ted Johnson, Gene Smith, Gary Lee, John Steele, Beverly Donahue, Bruce Stewart, Don Brian, John Ewing: M(NUTES OF PREVIQUS MEETING HELD JUNE 7, 1994: Kingsford: Are there any corrections to those minutes? Tolsma: Mr. Mayor, we are missing a few pages from the minutes, 53 to 56 (inaudible). Kingsford: is that true of the other Councilmen, (inaudible). Let's table the minutes until the ne~ct meeting and we will deal with those at the specia! meeting next w~eek. Morrow. So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the minu#es of the June 7, 1994 meeting until the next meeting which is a special meeting next Tuesday, all those in favor? Opposed? MOTION CARRIED: Afl Yea ITEM #1: TABLED AT JUNE 7, 1994 MEETING: LEASE AGREEMENT WITH KEN HAMILTON PRESENTATiONS: Kingsford: Counselor, wMere do we stand on that? Crookston: I got some materials and 1 haven't had a chance to ge# through them yet. So, I would tike to have it tabled again. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table the lease agreement with Ken Hamilton • ~ Meridian City Council June 21, 1994 Page 2 Presentations until the next meeting, all those in favor? Opposed? MOTiON CaRRIED: Ali Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BRIGHTQN CORPORATION ANNEXATION AND ZONtNG REQUEST: K'ingsFo~`d: Gouncil members have you dealt with those findings and are they satisfa~tory? Morrowv: 1 have, t would move that #he findings of fact and conclusions be adoptsd as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conciusions o# law for Brighton Corporation as written, roll call vote. ROLL CALL VOTE: Morrow - Aye, Corrie - Aye, Tolsma, Aye MOTlON CARRlED: All Yea Kingsford: Direction Counselor, with regard to those findings now, since they are contrary to the annexation request, #he zoning request, what is the direction? Crookston: The conclusion is to request the applicant to submit a statement that he witl develop the property as R-4 residentiat and meet the standards of the R-4 district until that is submitted to the City defining state that there should be no annexation so you can table it until that is received or if it w~e ~et a letter saying they are not going to do it than you can have a motion to deny the appiication. Kingsford: IVIr. Tumbull, w~ouid you have any questions about that, w~e wiil be providing you copies of thos~ fin+dings now that they are approved. They basically state that the Council is not inclined to grant an R-8 zone. Tumbull: I guess my question is just points of proc:edure and I couid probabiy take that up on staff outside this meeting. Kingsford: Certainly, if it is your desire to go ahead with thafi particutar zoning we wiii make every effart to schedule that as early can legally be done. Turnbull: I guess my point it's not, everything araund us is R-8, 1 guess I am wondering • • Meridian City Council June 21, 1994 Page 3 that is the treatment we are receiving. Kingsford: Certainly, if the Council wishes to respond to that or if they wish to individualiy with you or whatever, it is their findings. Tolsma: It is spelled out fairly w~ell in the findings themselves, a!( the lots around there even though they are R-8 the lots sizes are from 9,000 to I think 15,000 square feet and the houses are also substantially bigger. Turnbull: I think I can show otherwise if it is a matter that could be tabled and reconsidered after further input then I w~ould appreciate that opportunity. This comes as a surprise to me, not having been privied to the findings of fact that were prepared and having been approved by Planning and Zoning Commission and not to mention a number of other tMings. 1 guess, a((1 w~ou(d say is it is a total shock to me and I don't understand ~Y- Cqrrie: Mr. Mayor, t don't find why you w~uld think it is a total shock to you, w~e have been up here now for the iast, I know I have, for fhe last 6 months to a year saying w~e have enough R-8's. The Gouncil has made the same response, I just unc'~erstand where you are coming from that says this is a total surprise to you. I think v~ have enough R-8's and that small home and i for one have told many developers that I don't want anymore R-8's unless it is absolutely necessary or somefhing enctave or something of that nature. We don't need anymore 9,000 square foot home in Meridian. Turnbull: I didn't propose to do any 1,000 square foot homes. Corrie: Well you couid have. Tumbull: No, I think I told the Council at our hearing 2 weeks ago that I wouldn't propose doing anything under 1,200 square foot homes. Corrie: Now you have to go to 1400 square foot homes. Tumbull: The ordinance has changed since the last application, the last R-4 I did w~e would have been allowed 1,000 square foot homes in that, but we provided everything between 1300 and 2400 squar~ feet even though we were allowed smaller sizes. That is all we have done in Meridian, we have done the goff course project that is going to be larger homes and. Corrie: I think that is admirabte, f think that is a good point. I think the other contractors and developers had (inaudible) of what is happening tonight, they should take knowrledge • ~ Meridian City Council June 21, 1994 Page 4 of wh~t is happening tonight that 1 think the Council, at least I am going to stick with the R-4 now. I don't know as w~e move out of the core of the city and get into the other areas. I for one feel that v~ have enough R-8's and evidentiy the Councii agrees, so I am sorry that you feel that it is a surprise to you, but I couid see it coming a long time ago and I am not a developer. Kingsford: Mr. Morrow, do you have any comments? Morrow. t think my comments would respect to, you spoke last time at your presentation a couple of weeks ago, I think quite candidly the diversity of housing we have in Meridian now is tremendously loaded toward the bottom side. We need much more of the upper scale houses, this particular type of project the diversity of housing that is needed in Eagle, the City of Eagle and west Boise which has a tremendous amount more of upper scale housing than w~e have they need some of the smaller kind of stuff and from our standpoint of providing a baiance in terms of our cost of City services wre as this Council in the future I think are goir~g to look heavily towards commercial, industrial types of things as v~eell as upper scale housing. So that there is an offset so we can provide the basic life services that we need to provide. I think it is a well known fact that small houses consume those services at a greate~ rate, greater cost with a lesser contribution in terms of income. My reasons for not supporting R-8 types of zoning now is that vu~e have plenty of that, it is time to balance it on the other side. I know that it will be difficult fior many members of the realty and development community to ac~ept but ! thi~k in my own perception of Meridian that we desire to be a self sufficient City and not somebody else's bedroom. So, I w~ould support these findings of fact and conclusions as they are written. Tumbull: Well, what I think I can say is we are adding to the upper end of Meridian city, we are bringing on one of the larger projects of Meridian that will be that upper end product. 1 would ask for reconsideration. Kingsford: Here is a copy of those David and I think the appropriate thing woould be for the Council to table that ur~til the next meeting. Corrie: Table what Mr. Mayor'? Kingsford: The annexation and zoning. Corrie: So moved Tolsma: Second Morrow: Question • • Meridian City Council June 21, 1994 Page 5 Kingsford: Moved by Bob, second by Ron to table this until next meeting on the a~nexation and zoning, question Walt. Morrow: We have approved the findings of fact and conclusions, do we then make a decision of the findings of fact before we table. Kingsford: I don't think w~e have to do any more before there is a table. Based on the fact that the findings are contrary to the request you can't go forward with preparing an ordinance or anything until we have direction from the developer as to his intent. Crookston: That is correct. Morrow. Okay, so then the proper sequence is we have done the approval we are going to t~ble and then the decision will come from the applicant. Kingsford: All those in favor? Oppased? MOTION CARRIED: All Yea ITEM #3: ORDINANCE #650 - DAKOTA RIDGE ESTATES ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXIPIG AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #650 read in its entirety? Seeing none I v~ould entertain a motion. Tolsma: Mayor, i move we approve Ordinance #650 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve ordinance #650 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Corrie - Yea, Tolsma - Yea MOTtON CARRtED: Ail Yea ITEM #4: ORDINANCE #651 - WESTDALE PARK NO. 2 ANNEXATION: • • Meridian City Council June 21, 1994 Page 6 Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH iS DESCRIBED AS A PORTION OF THE SW 1/4 OF THE NE 1/4 OF SECTION 9, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO; AND PR4VIDING FOR AN EFFECTlVE pATE. Is there anyone from the public that would like Ordinance No. 651 read in its entirety? Seeing none I wili entertain a motion on Ordinance No. 651. Corrie: Mr. Mayor, ! move we approve Ordinance #651 with suspension of the rules. Tolsma: Second lQngsford: Moved by Bob, second by Ron to approve Ordinance #651 with suspension of the rules, ro(I call vote. ROLL CALL VOTE: Morrow - Yea, Corrie - Yea, To{sma - Yea MOTION CARRIED: A!I Yea ITEM #5: ORDINANCE #652 - ROCK CREEK SUBDIVISION ANNEXATION: Kingsford: AN ORDINANCE UF THE GTY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND StTUATED IN THE NORTHEAST 1!4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFE~TIVE DATE. Is there anyone from the public that would like Ordinance No. 652 read in its entirety? Seeing none I would entertain on Ordinance #652. Tolsma: Mayor, I move w~e approve Ordinance #652 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve Ordinance #652 with suspension of the ruies, roii cail vote. ROLL CALL V4TE: Morrow - Yea, Corrie - Yea, Toisma - Yea M4TION CARRIED: All Yea ITEM #6: ORDINANCE #653 - ROBERT GLENN ANNEXATION: Kingsford: AN ORDlNANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING • Meridian City Council June 21, 1994 Page 7 • CERTAIN FtEAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN THE SOUTHWEST 1!4 4F SECTION 2, TOWNSHIP 3 MORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that vuould like Ordinance #653 read in its entirety? Seeing none I will entertain a motion on Ordinance #653. Corrie: Mr. Mayor, I move that we approve Ordinance #653 with s~spension of the rules. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve Ordinance #653 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Corrie - Yea, Tolsma - Yea MOTtON CARRtED: All Yea Kingsford: The ne~ct 2 items on the agenda need to be tabled pursuant to not having them prepared, Counselor would you care to explain that to the Council for their edification. Crookston: Certainly, 1 have not been able to specifically find out what the status of these 2 matters is, and therefore i did not prepare the ordinance because 1 wasn't able to ascertain the exact status. Hopefully, we will have #hem at the next meeting. 14~ngs#ord: Does there need to be any change in the request for you to prepare that? Any questions from the Council? ITEM #9: ORDfNANCE #654 - AVEST ANNEXATION: Kingsford: AN ORDlNANCE QF THE CITY OF MERIDIAN ANNEXlNG AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SW 1/4 OF THE SE 1/4, SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDtAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTtVE DATE. Is there anyone from the public that would like Ordinance #654 read in its entirety? Seeing none I wil) entertain a motion. Morrow: Mr. Mayor, I wvuld move we approve ~rdinance #654 with suspension o# the rules. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve Ordinance #654 with suspension • • Meridian City Gouncil June 21, 1994 Page 8 of the rules, roN call vote. ROLL CALL VOTE: Morrow - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: Ali Yea Kingsford: The next item on the agenda, likewise, Counsel has advised us that will be dealt with by the board of Sew~er Appraisers which consists of the Mayor, City Clerk and City Engineer. So that item will be defeted, v~ have scheduled a meeting for ne~ct Tuesday the 28th at 6:30 in this chamber. ITEM #11: BOB McCAMMON: GREGORY ASHTON TORT CLAIM: Kingsford: Is Bob here? Mr. Crookston are you up to speed on that, is that something that we can handle at a public meeting or is that pending. Crookston: They have filed the tort claim, it has been turned over to our i~surer. I have discussed it with the insurer and it is o# such a nature that I feel that in fact there is no claim. And I think it is appropriate to have the Council specifically deny the claim. Morrow: Mr. Mayor, 1 have read through ali of these things, I agree with what the Counselor says. This appears to be a ambulance chasing attorney that is trying, but anyway 1 don't see how somebody drives a semi and totals out someone else`s car and has $200 to the semi and then has some sort of injury and has the City be responsible for the ice and stuff on the street when it is clearly ACHD's responsibility. I don't see where there is any claim agonist us the City. Corrie: Mr. Mayor, may I ask you Coun~elor, if this does go on through and the courts decide it is a Vivious thing, do they have to pay our court costs and what that amounts to? Crookston: Not unless they actually sued the City, unleSS they sue the court has no involvement at all. Corrie: Thank you. Kingsford: The typical claim that you (inaudible). Tolsma: I mave we deny the claim. Morrow. Second ~ Meridian City Council June 21, 1994 Page 9 ~ Kingsford: Moved by Ron, s~cond by Walt to deny the cfaim made by Gregory Ashton, all those in favor? Opposed? MOTION CARRIED: AI1 Yea ITEM #12: FtNAL PLAT: FOTHRGILL POINTE NO. 2, 82 LOTS BY JOHN EWING: Kingsford: Does Council have any questions for staff or Mr. Ewing, or Mr. Ewing's professional services? Morrow: f read Gary's comments, Gary's comments seem very favorable with respect to the {aroposal by Mr. Ewing. My question to him or Shari vrrould be is do they have any additional comments or questions concerning this project? Kingsford: I think Shari's comments, she would like a chance for feedback on those and it should be approved conditioned upon those. Corrie: Mr. Mayor, I have one question for John, John, Kenny Bowoers has been having trouble with the Fire Department finding homes in these new subdivisions. He has requested the street name signs begin to be put up before buildings are put up, could you see if that could be done, street signs as soon as possible. Because if they get a fire ou# in one of those subdivisions w~e don't know exactly where w~e are going, not saying the fire department gets lost, but as many subdivisions that are going up now it might help them if we could speed it up a little. Kingsford: Could you come up here please. Ewing: I noticed that comment on the sheet, I think what we will have to do, that is something that Ada County Highway District does. So to solve th~t problem maybe what we wi!! have to do when we get to that stage before they start building houses, put temporary up. Do you think that will wnrk? I wil( check with the County though and see if w+e can, that wnuld be ideal i# we could get the permanent ones up, but I don't know if that is something that anyone in here could promise whatever happens. Kingsford: I think at a minimum what they are looking for John is on the major cross sections. Ewing: And if something temporary would be sufficient. Kingsford: Any other questions of Mr. Ewing? • • Meridian City Council June 21, 1994 Page 10 Morrow. I have one of the Counselor, have you reviewed the CC&r's? Crookston: I haven't. Morrow. Have those been submitted? Ewing: To the best of my knowledge they w+ould be the same, have they been submitted? I don' t remember if they have been submitted, is that alright that they would have been submitted with (inaudible). Kingsford: They have been approved if that is the case. Crookston: I just don't recall. Morrow. Out of curiosity, does the homeowners association, does it set up a homeowners association, does it have the capability to levy dues? Ewing: Yes it does have homeowners association and yes they do have in the covenants the right for dues. Kingsford: Thank you Mr. Ewing, what is you decision. Morrow. Mr. Mayor, ! would move vve approve the final plat of Fothergill Pointe No. 2 by John Ewing subject to review and conditions set by Mr. Smith, Shari the City Planner and Wayne's review of the CC&R's. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of Fothergill Pointe No. 2 by Ewing company subject to approval of the City staff including the City Attomey's checking the CC&R's for conformance with the first phase, all those in favor? Opposed? MOTtON CARRIED: All Yea ITEM #13: THE LANDING NO. 7, 51 LOTS BY 5KYLINE DEVELOPMENT: Kingsford: Does the Council have any questions for staff or Skyline? Morrow: The only question I would have is a quick review by Gary of his comments, he has some 14 items on my comment page that J received from him today. ~ Meridian City Council June 21, 1994 Page 11 LJ Kingsfor~d: Mc. Smith, do you have those that you can review those. Smith: Mr. Mayor, Council members, Councilman Morrow, I guess my second comment has to do with the Brundege Lateral adjacent io the north boundary and #he amount of easement that is being shown on the plat is different than what the easement request was for by Nampa Meridian Irrigation District. I don't know rF the developer has reached some kind of agreement with Nampa Meridian Irrigation for encroachment into their easement, but that w~utd need to be addressed by the developer. If they have then we need a copy of that ir~formation from Nampa Meridian. Also, #he net area of a lot with a ditch easement that is an open ditch easement needs to be 8,000 square feet in an R-4 zone. So, if the ditch is ta be piped than and the easement reduced by Nampa Meridian then that area of the easement can be used as part of the lot area. At this point and I talked to Mr. Johnson #he developer and his engineer about the necessity to pipe the ditch as the ordinance requires. I don't know what size that pipe is other than a 54 inch diameter CNV has been installed by the deve{oper to carry the Rutledge under Linder Road. I don't know what size pipe would be required in the subdivision itseif, but that vvould need to be addressed by the developer. There weere several lots that didn't have the minimum 80 foot frontage and they were short by several feet. By the time those lots are widened to provide the frontage, it appeared to me that there may be one lot less than what is shown resulting from that increase in the frontage required. I know #9, there is one lot in block 10 it is labeled Lot #2 which actually is contiguous to 2 different streets, the one frontage is 80 fieet, the other frontage is 50 some feet, so the ftont of the house wifi need to face the 80 foot frontage and my concern with the other frontage was the installation of a backyard fence. They wr~r~'t be able to fence out against their property line, they witl have to move the fence back 20 feet from that property line. The only other thing that I noticed, and f talked to Mr. Johnson about this was that ACHD had recommended a stub sfreet to the south as w+etl as to the north in their comments that 1 had a copy of. Mr. Johnson indicated that he had in their tech review meeting that the Highway District had backed away form that requirement on the south side. f have not had a chance to talk to ACHD to verify that. The only thing I have in writing from them is that they required an aocess on both the south and north side of the subdivision. Tolsma: (Inaudible) Smith: The one on the north side accesses Gary Fores' correct. Tolsma: tdowthis South Pelican Way that wasn't the south access, that was (inaudible). Smith: South Pelican Way is a~tually in the original Landing preliminary plat. This piece of property is kind of an addition to the originaf Landing. It carries the same name and it is in the sequence of numbers for the subdivisions, but it wasn't part of the original ~ Meridian City Council June 21, 1994 Page 12 ~ preliminary plat. South Pelican Way was part of the original preliminary, it continues onto the south, loops around paralleling the Interstate boundaries. Kingsford: Any other questions of Mr. Smith? Morrow. I guess I am asking for comment, do these 14 some items with the emphasis on the 3 major items in your opinion constitute the need for a table? Would you feet more comfortable with a table is the better way to ask the question. Smith: Well, I guess the only question in my mind right now is this access road to the south that the Highway District had recommended it in their review of the preliminary plat, but Mr. Johnson informs me that they have not required it as a result of their tech review meeting. So, I guess if 1 had some clarification from them then I wouldn't have a problem with resolving the rest of these issues. I think the rest of the issues are just a matter of conforming to the ordinance requirements which would need to be done before I sign the plat. And Shari may have been in attendance at that tech review meeting. I am going to try and make a point of it to be down there on Friday mornings to these tech review meeting so I can get involved in those. Tolsma: (Inaudible) 5mith: So we have a possible concern with the piping of this ditch. f don't know what the developers attitude is on that, but right now it is a pipable ditch according to the ordinance unless a variance is requested and approved by the Council to do othervvise. Kingsford: In which case then that would meet the lot size if it is piped? Smith: Yes, if it is piped then the lots can utilize the easement for the piped ditch as part of their area. Kingsford: The one lot that was a double front w~ould be appropriate to make a note on the plat regarding fencing that. Smith: Correct and I did that. Morrow: Let me ask you a technical question, can this if it is tabled be tabled to the special meeting pending verification, or does it have to be published if it is on the table. I think the special me~ting only allows those items specifically noticed, Counseior is that true? Crookston: That is correct • Meridian City Council June 21, 1994 Page 13 • Kingsford: So it vu~uld be 2 weeks. Tucker, did you want to say something with regard to the tech meeting? Jahnson: Mayor, members of the Council, my is Ted Johnson, we are aware of Gary's comments and i talked with him somewhat about it and have some response. I like what he says relative to going forward so that w~e can take care of those little details that are still pendirig there. I do have here a copy of, Gary you might want to take a look at this, item 4 there is the ACHD report on our requirements for the project that says there would be no stub street to the south required and there is a reason for that. The design of tha# street is not, is designed not to be a real heavy use street and if the property to the south were to funnel that it would make it a real heavy use street. The ACHD's opinian is that it ought to be funnelled to the east or to the w~est to Linder Road rather than to come through this access into this parce{ and the second part of that is that on the back side we own property that will be a future addition to this project and on the east side of that 40 #hat lies south of us will provide an access through that way for it. So there is an access connecting relatively close bu# not directly into this short connector street. And that was the fee(ing that ACHD indicated in their findings. We did speak to the questior~ of the easement, the lateral easemenf with Nampa Meridian we have (inaudible) the license agreement is in process. It was at their request that we put in the 54 inch in the crossing the activity was done before the water came in the ditches so we could forward in the course of the summer when w~e get through the papenn~ork. We have made an engineering study on the size of the pipe and we presented, we wrote a ietter on the 10 of November, here is a copy ofi it directed to the Mayor and City Council to request for variance on tMat. We heard nothing back from it so v~ assumed that after about that time, November December there was some discussion as to v-fiether or not there would be variances granted above a certain size and we never did know what the outcome of that was so w~e never did file a formal form for a variance, but here is a copy of the letter v~ sent on the 10th of Idovember asking for a variance on that basis. Kingsford: What was the sizing of that pipe? Johnson: The size of pipe that is in now is 54 inch based on our engineer studies that is v~at it needs in that section. Kingsford: It needs that through the subdivision? Johnson: Yes, our engineers do a study on that area and they came back and said a 54 inch pipe w~ould be required. I have a copy of that here that vve can present if we need to come back for a hearing as back up of what they are talking about. Kingsford: A dilemma then is goir~g to be the lot size. • • Meridian City Council June 21, 1994 Page 14 Johnson: Yes, there is a point that i need to make on that as w+ell, I covered this wi#h Shari a month or more ago. This parcel that we are talking about (inaudible) Landing No. 7 includes more than just the 70 acres that we bought to get a connection back out to Linder Road it includes about 4 acres of a plat that is still existing and active for the balance of the Landing project. And that one is an approval of 70 foot frontages and 7,000 square foot lots. For that reason I wanted to make sure we didn't run into the discussion that we are having tonight. There is a line that runs through #hat plat if you can see if you have a copy of the plat right here. This red line is the line befinreen the new part on this side and the old part on this side. These smaller lo# dimensions are on the this side where they w~re approved in the original plat some time ago. So, that is the reason for it and we were aware of it and we did discuss it with Shari some month and a half ago. So, I think all of these things can be w~arked out, we have addressed then and there may still be things yet to be accomplished. Either way we have addressed any way we know how. Johnson: Questions for Mr. Johnson? Tolsma: One, did Nampa Meridian Irrigation District give you a site size on this canal? Johnson: No, Mr. Tolsma they did not, they v~nere not asked to but they did come out and walk the ground and told us where they would like to see the protections of a fence a{ong the south side and teave open the north side along the ditch where there is a roadway which is in the nursery to the north of us where they get access for maintenance. We discussed alt af tho~e kinds of things that wou(d go into the licensing agreement and they w~ere of the opinion that they w~uld like to see it left like it is. Except for adding the fences. Tolsma: Their consensus is that you can 54 inch also? Johnson: They have not run the numbers. It was the Power Engineering company that w~e retained to study the numbers and go through the flow though there and the levels and the rate o# fiaw and all of that kind of engineering data. Tolsma: Well, it kind of threw me because we have never had a 54 inch tile it has either been 48 or 60 according to Bill Henson that is out there he didn't want any tile over 48 inches, 48 inches and above was detrimentaf to the safety of (inaudible). He says they only have 2 or 3 ditches in the area that are in excess of 48 inche~ and I don't remember this one here. When you said 54 inch that kind of threw me. Johnson: That is wt~at the engineer specified so that is why we used it. Tolsma: Well, l was going by Nampa Meridian's specifications (inaudible). I wnuld tike to see what Henson has to say about it (inaudible). • • Meridian Ci#y Council June 21, 1994 Page 15 Johnson: Well, we vwuld be glad to provide him with the study that our engineers did, vahatever the procedure is. Kingsford: Mr. Smith your comments. ~mith: Mr. Mayor, Councilman Tolsma, as 1 remember the Rutledge Lateral upstream at Elk Run Subdivision was a 48 inch pipe if 1 remember correcfly. Tolsma: (tnaudible) 5mith: The part that comes under the road, under Highway 69 is a 48 inch pipe. Tolsma: I think the Elk Run was supposed to (inaudible) Smith: Yes, it w~ould be up to their north boundary which 1 don't recall. i believe that is right it is up to the (inaudible). But it seems to me that is was 48 inches at that point. 1 don't know if ihere is additional water that comes into that lateral downstream or not that vwuld increase the pipe size requirement. I think Nampa Meridian needs to give us some guidance with the developers engineers calculations. Johnson: In aur studies there was additional water coming in, we know that there is wastewater on every property down below there and it is afso a flatter run. And consequently the flatter run doesn't have the velocity from up above. Smith: You don't have the dead to push the water through the pipe, you have to go to a larger pipe that is true. Tolsma: (Inaudible) Kingsford: That would be something that this Council has made that statement that 48 inches and below would be piped but that would not be and certainly that would be a condition on plat approval. Any other questions of the Council for either staff or Mr. Johnson? Morrow: The master covenants, conditions and restrictions cover this #7? Johnson: Mr. Morrow, we have not submitted the covenants at this point, they will be consistent with what we have in the other 6 phases. Morrow And those cover a homeowners association? • Meridian City Council Jur~e 21, 1994 Page 16 Johnson: They do • Morrow. Dues capabili#ies and those types of things, and the pressurized irrigation issue is covered? Johnson: Yes it is covered, we are not using Nampa Meridian water we are using a w~ell on the property to try and keep the water cleaner. Morrow: 1 have no other questions. Kingsfard: Any other questions from the Council? What is the Council's pleasure? Morrow. Mr. Mayor, I w~ould move we approve the final plat of the Landing No. 7 subject to staff approval, City Attorney review and approval of the CC&R's and a development agreement as it may be need~d. Corrie: Second Kingsford: Moved by Walt, secand by Bob to approve ofi the final plat of the Landing NO. 7 subject to staff approval, City Attomey's review of CC&R's and the development agreement and as necessary, all those in favor? Opposed? MOTION CARRtED: Al! Yea ITEM #14: FINCH CREEK SUBDIVtS10N , 45 LOTS BY CREEKSIDE DEVEL.OPMENT, INC.: (End of Tape) Kingsford: Council have any questions of Staff or the developer on that? Morrow. I would like to have Gary, Gary has 12 comments on his letter to us, i w~ould like to h~ave him address those. Smith: Mr. Mayor, CounCil members, the devetopers engineer has given me a 4etter addressing my comments and all of his comments answ~er my questions. We do apparently have one small item that we will need to work out and that is the width of the Iot that caries the sewer line betv~een Finch Creek and Hawel{ Tract. It is a deep sewer, it is the interceptor, the South Slough lnterceptor lines. 1 wanted to make sure we had adequate width ifi we ever had to access that thing. Technically we have been using 20 foot wide common area lots with an easement dedicated over th~t lot for the sewer iine and • : Meridian City Council June 21, 1994 Page 17 they propose a 15 foot wide common area. Morrow How deep is the sewer line approximately? Smith: It is 13, 14 foot deep I think, something like that. Tolsma: (Inaudible) Smith: Yes, it is that narrow lot #4 - Block 2 that is the common area lot. Morrow: That type of depth I would support the 20 feet. Smith: It is not so much a problem when you get a hole dug to get a box in there if you had to, a trench box to get to the sewer line, but it is getting the hole dug and getting started that creates problems. Tolsma: (Inaudible) Smith: Well, it will be used as a connector pathway, it will be a paved accessway. Tolsma: (Inaudible) Smith: Yes, there will be ballards placed at each end of it to prevent vehicular traffic, but bicycles and pedestrians can move through there. One question I might ask the developer, Mr. Borup called me today and said that they are not proposing to have a homeowners association in this subdivision. Typically the homeowners association wouid maintain this common area tot. This is fhe onty common area lot that is shown in the subdivision and it was his feeling, he doesn't want to get involved in a formation of a homeowners association for only the maintenance of the 20 foot wide lot. Which will be asphalt paved and will be very low maintenance. His question to me was could he deed the lot to each one of the adjacent homeowners so they could maintain half of the width. My ansv~r to him was I don't know. Kingsford: Well, we get right back to where we don't have access if we need it. Smith: Well, that was my concem even though w+e have an easement below that common lot. What does this do to us as far as access, I was going to direct that question to Wayne and see what kind of an answer I can give Mr. Borup. Kingsford: Counselor do you have an ansvu~er to the question? ~ • Meridian City Council June 2~, 1994 Page 18 Crookston: Well, this is a(inaudibie) matter, it is going to be paved i don't see hameowners wanting to take care of that. Which means it could be maintenance of the pavement, it is one thing to mow an area as it is to doing patches for potholes. Kingsford: Well, aspMalt that is not used has a tendency to have things grow through it as well. Gorrie: Who wauld take care of it if there are potholes and somebody gets hurt? Kingsford: Liability Smith: His proposal is the adjacent lot owners would, of course he is the one that developed the subdivision then he is out of the picture and the adjacent lot owners need to address any problems that would occur there. Somebody brought the question of liability, I don't knowv+fiat happens if a couple of bicyc4ers callide on that pathway. Is there some kind of inferred liability someone? Croo{~ston: Well, if someone owns the property, let's say the adjacent property o~nmers it is their responsibility to keep it in good shape if it is going to be used for access. That is a question in itself that the lot owners, I can't see them desiring to take that liability on. Kingsford: Likewise retainers to keep vehicutar traffic off of it if they are not painted and maintained you have liability. I think you need a fiorm of homeovrmers association. Crookston: With a homeowners associatian you incorporate it, it probably needs to have some insurance, but their liability are for the assets that are within that corporation which probably would be minimat. I think tha# is the way to go. Morrow. 1 ihink my feelings here are I don't like to see subdivision without homeowners associations. Not only in this case that deats with a specific issue but we are talking about a subdivision that has 44 houses, pretty good size subdivision. I think subdivisions with homeowners associations function better, they end up looking better long term. They ~re self governing and there is a certain amount of pressure with w~ell done homeowners associations #or everybody to keep their places up and accessible in terms of having a nice curb appeal and sa on and so forth. This is an R-8 zone, it does have the normal 1350 square foot house, it does have the minimum lot size, it appears to me that it is one of those situations where as a City w~e want to put the best face on fhose subdivision and if you have a homeowners association it helps to accomplish that. So, 1 would be in favor of having a homeovvners association with dues levying capacity and it looks to me like from a tiability standpoint that solves a large part of the problem with respect to the lot for the sewer. ~ • Meridian City Council June 21, 1994 Page 19 Kingsford: Other comments from the Cauncil? Corrie: I agree with Walt 100%, rather than repeating what he said. Smith: I would like to thank (inaudible) from Hubble engineering for getting som~ comments back to me, I am afraid I had a little short notice on getting those comments out and they responded immediately so I appreciate that. Kingsford: What is the Council's pleasure? Morrow. I think Mr. Mayor I would move to tabie this until our next regular scheduled meeting, pending the formation of a CC&R's #hat have a homeowners association with dues capacity as part of the subdivision. I think that maybe, atthough the other things needs to be taken care of are minor in nature and the staff can handle those that I think it makes sense here that we go on record as wanting the homeowners association and wanting the 20 foot easement area for access to the sewer line. So, I think 1 would be in favor of tabling that until we have that area covered. Corrie: Second Kingsford: Moved by Walf, second by Bob ta table this until the next meeting, requesting a homeowners association as specified in the CC&R's, all those in favor? Opposed? MOTtON CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZON{NG FOR FIRE LIGHT ESTATES BY RUNNING BR04K ESTATES AND HUBBLE ENGINEERING: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Gene Smith, 9550 Bethel Court, Boise, was sv~rorn by the City Attorney. Smith: IUIr. Mayor, members of the Council, I come before you this evening to request your approval of the annexation and zoning of a parcel of land incated on tk~e west side of Ten Mile Road, south of Ustick, approximate(y 250 some odd feet south of Ustick. The parcel contains approximately 8,14 acres ofi land and we are requesting an R-4 zoning designation from the current RT cfassification. This R-4 zoning is consistent with the surrour~ding adjacent property and we believe it to be an applicable use. It is a little confusing in the fact that v~ee had the annexation, zoning and prelimin~ry plat brought to P& Z, they approved recommendation for the annexation and zoning to come to Council • • Meridian City Councfl June 21, 1994 Page 20 and tabled the preliminary plat at that time until they could get some clarification on some items. We have since clarified alt of those items, I believe I have satisfied all of staffs comments. However, the only thing we are talking about here this evening is the annexation and zoning. So I guess I could address those comments, if staff still has concems other than that the only other issue that we have a concern with in the findings of fact is the requirement, I believe it is conclusion #12 requiring all ditches, waterways, canals ete. to be tiled. This property is adjacent to the Nine Mile Qrain, the Nine Mile Drain is no# on this property, there is an easement across a portion of this property and the question I have is whether or not that Nine Mile Drain as that size of waterway is required to be tifed. Kingsford: Again what is the piping requirement. Smith: Well, the piping requirement, I will have to tum to Gary on this, currentty under the subdivision to the north of us they are proposing a modification to the crossing under Ustick to get that out of the floodplain and I am not sure what that piping is there. Eng. Smith: Mr. Mayor, Council members, I believe that pipe crossing carrying Nine Mile Drain under Ten Mile road and also cxossing #hat, what Gene is referring to on Ustick road that pipe is in excess of 6 faot diameter. So, as I recall Nine Mile Drain has not been a pipable ditch issue with us in the past that have abutted to it. The one thing that v+re need to be careful of that v~ee run into recently with Candlelight subdivision is that since the property lines go to the centertine of the ditch and the Nine Mile Drain is an easement it is not a right of way that property owners in Candlelight subdivision wanted to fence over to the edge of the ditch bank. In this particular area not only does ~lampa Meridian have an access road, but we also have a sewer line and w~e can't permit fences to cross that sewer line and cut us off. t have had discussions with Hubble Engineers before, Fieldstone subdivision to be sure that any fences built along Nine Mile w~err~ built on their side of our sev~r line and th~ access road tha# Nampa Meridian has. And 1 think that Gene and I have had that same discussion on Fire Light. Kingsfard: And that would likewise entail lot sizes that would not include the easement. Smith: That is correct. Morrow: Is that noted on the plat, will that be noted on the plat? Eng. Smith: I think it is appropriate to note it on the plat, it i~ one thing that the homeowners se~ at least the first time, the ~rst lot owners see that plat from the title company and at least then w+e have a gvod record to show future owners if there are future owr~ers that want to build a fence out there that not this is not permitted by the plat so they • Meridian City Council June 21, 1994 Page 21 u have something there that is rec.c~rded. it is a good idea, yes. Marrow. 1 think it ought to be mandatory that it be on the plat and should also be noticed in #he covenants and restrictions so that should some future homeowners has a chance of seeing at least one or the other. Eng. Smith: Right, I think that is a good idea. Totsma: f have a question, didn't w~e run into a problem with the Department of the Interior once before (inawdible) or it had to be a perForated tile so (inaudible)? Eng. Smith: Yes, the issue came up with Marty Goldsmith and Los Aiamitos most recently again the same ditch Nine Mile Drain, ( don't remember what federal agency it was bu# they came out and looked at and their determination was that it needed to be kept as art open ditch because it is functioning as a drain. It was originally constructor, it was not considered a natural drain by the Irrigation distFi~t, was constructed and built to help dcain the lands. Tolsma: (lnaudible) Eng. ~mith: l.ow~er the groundwater table correct. Kingsford: Any other questions for Mr. Smith? Smith: tf there are no other questions for me to respond to ! would request your favorable vote on this issue. Kingsford: Anyone else from the public that wrould like to offer testimony on this issue? Seeing none 1 will close the public hearing. Council members, you have read the findings as prepared for P& Z are you prepared to accept those? Crookston: There has been no change. Kingsford: I v~ould enter#ain a motion to that effe~t. Tolsma: Mr. Mayor, I would move we approve the findings of fact and conclusions of law for Fire Light Estates. Morrow. Second Kingsford: Moved by Ron, second by Walt to approve ofi #he findings of fact and ~ ~ Meridian City Council June 21, 1994 Page 22 conclusions of law as prepared for P& Z for Fire Light Estates subdivision, roll call vote. ROLL CALL VOTE: Morrow - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: Afl Yea Kingsford: The next item vu~uld be to have the City Attorney prepare and annexation and zoning ordinance. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attomey prepare an ordinance annexing and zoning ali those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLtC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR TURTLE CREEK SUBDIVISION BY STEELE AND SONS AND JUB ENGINEERS: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Gary Lee, 1750 North Summertree, Meridian, was sworn by the City Attorney. Lee: The request before you this evening is an annexation and zoning for a parcel of land that is known as the Cairn's property. It is situated on L~nder Road south o# Ustick and North of Cherry Lane. It is comprised of about 75 acres of property. It is bordered to the w~est by Sunnybroo4c Farms and part af Fie{dstone subdivisions. It is bordered to the south by various phase~ of Glennfield Manor subdivision and bordered ta the east by the proposed TuAey park. In addition there is a land development to the north catfed Tumble Creek that Mr. S#ubblefieid and his group are proposing. This particular piece of ground is currently zoned RT in the county. It has been out of production for a few years, it used to be an agricultural pasture land piece of property owned by the Cairn's for many years. They did sell a 5 acre parcel to some people at the southeast corner that is not included in the annexation request. They have included their home site the Cairn's homesite along with additional acreage for about 3 acres along Linder Road. There was a preliminary plat submitted with #he annexation request on this development. At P& Z the annexation of course was recommended as a favorable recommendation to the City Council, however, the preliminary plat was held back one meeting to make some modifications to it in r~ ~ Meridian City Council ~lune 21, 1994 Page 23 ~ accordance with staff review. Which it has been done and the preliminary plat has been approved. But as I understand it there will be another public hearing on that issue at a later date. If you have any questions I would be glad to entertain those at this time. Kingsford: Mr. Lee, the 5 acre parcel held back appears to me to be a total enclave of big in (inaudible) to the annexed. Lee: 1 haven't approached them personally, maybe Mr. Steele has and he wants #o speak to that. Kingsford: Certainly want to avoid enclaves as we do these annexations, they need to be clean as we move along. Questions from the Council for Mr. Lee? Morrow: I w~auld echo Mr. Kingsford's sum about the enctave, t dan't think it makes sense to do annexations and create enciaves. I think everybody needs to bring those properties together. It is not fair of our emergency folk who in many cases can be easily confused a5 to what is city and what is not city as wef{ as people who provide our normal city services. I think the other questions that I would have vu~uld be with respect to Gary has some lengthy comments, were those comments pretty well addressed? They w~ere so everything has been taken care of there. And Shari, your comments with your letter dated April 8, those comments vvere taken care of? Stiles: (lnaudible~ Kingsford: That is a yes from Shari. Morrow: Yes, where I would stand is that I am a tittle uncomfortable with the enclave situation and v~nould yield fo the more experienced City Councilmen as Mr. Berg were to say. Lee: We could certainly make the request of the property owner, I don't have any control over that property. Kingsford: One of the real problems that we are going to run into the annexation taws 5 acres and more becomes a headache for us to push. A totai enclave ~nre could probably do it but it becomes a hassle and is expensive to the taxpayers for us to do that and it is just a pain to deal with. Gertainly this one and other that have come in 1 hope woutd have those squared up and cleaned up ~s a part of annexation request. Tolsma: ls the Cairn's house itself not going to (inaudible). • • Meridian City Councif June 21, 1994 Page 24 Lee: {t is inciuded in the annexation but it is not in the piat. Tolsma: (Inau~fible) Kingsford: Well, I w~ou4d certainly {ike Mr. Lee I don't know if Council will support me on that but i would like for that 5 acres to be included as part of this ordinance if that is the Council's p{easure to annex. Unless it is something earth shattering that would prevent that. Crookston: If they vvere going to amend their application since this particular parcel was not included w~e woutd have to have P& Z hearings and an additio~al Council hearing ta add it to this annexation. Kingsford: But I think we could have a reques# to annex this. Crookston: You can have the request but we still have to hold those hearings. Kingsford: I understand that. Lee: Separate hearings for the 5 acre p~rcel? Kingsford: Yes Lee: This is the deveioper Mr. Steele he may want to speak to that issue. John S#eele, 335Q Americana Terrace, Boise, was sworn by the City Attorney. Steele: It ~nrould be a lot cleaner to have that 5 acre enclave included in the annexation. Originally it was planned to be included, Mr. and Mrs. Caims sold that property in February just before we fled our original application for annexation and rezone. { don't know the pasition of the Slagle's who own that property whether they would want to be included or not. ! am not sure that you actually need their approval to annex them in any case. But 1 can certainly understand your position that it would be cleaner to have it included. Kingsford Well, state code has topics about 5 acres there is also some expense that we don't want ta be involved in tMat ought to be handled by devetopers. That was my reasoning. Steele: Do t understand you would like us to make a request of the Slagle's that they be included, that vu~uld be reasonable. • Meridian C+ty Council June 21, 1994 Page 25 . Kingsford: Nat to be included because as the Counselor said this needs to proceed on its own, but if w~e could have assurance from them that they vuould like to be annexed the~ woe could look much more favorabfy upon this annexation. Steele: We certainly will make that request of the Slagle's and do our best to see that they are part of an annexation process. Kingsford: Any questions for Mr. Steefe? Thank you, anyone else from the public that would like to offer t~stirr~ony on this issue? Bev D~nahue, 3775 North Locust Grove, was sw~orn by the City Attorney. Donahue: l have one question regarding this subdivision, does the developer know what School District's these children will be going to? Kingsford: You are speaking to the attendance zone t believe, i# is all Meridian School District. Qonahue: 1t is Meridian School, but what specified school will the children be going to, does the developer know ahead of time or is it after afl the homes are buift and the lo#s are purchased? Because the probiem I am having is I have been calling random some of these developments with lots for sale and reading the ne~nrspaper specified where these children are going to be going to schoo{ and the response I have been getting is either call the Meridian Sc~ool Districf whicM is a fair one or they are te{ling untruths which school these children will be going to. Being annexed into the City of Meridian, I think that Meridian should have some responsibility to make sure like in the homeowners association that the people are being told the truth, your children wi{I not be going to the nearby school or they will be bussed to a different school. Because that is not fair to these new people if they are moving out of state or wherever they are being lied ta right up #ront. Kingsford: That is an excell,ent point Beveraly and that should probably be in the covenants, the School Dis#rict does provide that letter that the School is full and kids may not be ab{e to attend that. With regard to your first comment it is in the Linder attendance zone it is in Meridian Middle School attendance zone, Meridian High School zone but they do specify that those schoofs are futf and may not be abte to accommodate those children. So your point is well taken that it ought to be a broach to the people as they go abut purchasing. Donahue: Thank you Kingsford: Anyone eise from the public that v~rould like to offer testimony on this issue? • Meridiar~ City Councit June 21, 1994 Page 26 . Seeing none I will close the public hearing, Council members. Morrow. Mr. Mayor, I think that in my perspective I would be in favor of a table until v~ne can get further ir~formation on the 5 acre enclave situation and get some sense of direction as to what is going on tMere and then once w~e have that sense of direction then v~re can make a decision as to which direction we want to go. Corrie: Second Kingsford: Discussion, either it could happen given the fact that we have a great deal of power of annexation we could do a conditional annexation or that. I suspect it doesn't harm the developer in anyway since that preliminary plat is being maintained at P& Z anyway so there would not be hold up that v~ould not be an issue in this. Any further discussion? Move to table, a11 those in favor? Opposed? MOTtON CARRIED: All Yea lTEM #17: DEPARTMENT REPORTS: Kingsford: Mr. Smith Smith: Mr. Mayor, Council members, recently we submitted, advertised for bids to construct phase 2 of wha# we call tMe Meridian Greens pump station and basically what that project involved was the construction of some 9 0 inch diameter (ine in Overland Road to provide pressurized water to the east to Hunts Bluff, Sportsman Pointe, Los Alamitos and Salmon Rapids subdivision. We did not receive any bids from that advertisement. And so pursuant to Wayne Crookston's commenfs woe can then solicit a confiractor to do that w~ork. And w~e did call 5 contractors to request some prices informal, and v~e received 4 and I still dan't know why we didn't get any bids the first time around. Maybe peopte aren't reading the project listings that are coming out from AGC and Intermountain con#ractor nevertheless we do have a low price from Somer Construction to do this work in the amount of $27,732 and no cents. They have 45 days to complete the work from the time that w+~ give them notice to proceed. 1 would like to request that the award be made to Somer Construction, inc. of Meridian, ldaho in the amount of $27,732 and no cents. And that Mayor Kingsford be authorized to sign the notice of award and once we receive we will send along ur~signed copies of the contract and once we receive their bonds, certificate of insurance then I would like to proceed, have you Mayor Kingsford and City Clerk Berg sign the contract so we can have these people get started on that work. Morrow: So moved • Meridian City Council June 21, 1994 Page 27 Tolsma: Second • Kingsford: Just a point before the vote, Gary you are comfortable then with the contracts so we don't have a snafu and we bid with the first booster station? Smith: Yes, this is being handled just as though it were a regularly bid project and there in nothing different. The only thing is we are using the same documents that were prepared f~r the bid so it is all secured and so forth. Kingsford: It is moved by Walt, second by Ron to approve of Somer Construction in Meridian to build Meridian Greens pump station No. 2 in the amount of $27,732 and authorize the Mayor and City C1erk to sign the appropriate documents for that award, roil call vote. ROLL CALL VOTE: Morrow - Yea, Corrie - Yea, Tolsma - Yea M~TION CARRIED: All Yea Kingsford: Anything else Mr~. Smith? Smith: No sir, thank you. Kingsford: Shari Stiles: Nothing Kingsford: Chie# Gordon: Nothing Kingsford: Mr. Stuart good to have you here, do you want to tell us anything about v~ter. Stuart: We have got the (inaudible) going on the wefls now and they are all running from the computers. Everything has been set up and we can print out daily, we can print out w~ekly. On the daily its prints out right after midnight and Well 15 is run continuously 24 hours a day. It pumps around 1980 gallons a minute. 14 and 11 in the last 24 hours 14 came on 3 times while 11 came on 4 times, 10 came on once, 9 once, 8 twice and 7 twice. So we are using a little bit of water. Tolsma: (Inaudible) s Meridian City Councif June 21, 1994 Page 28 • Stuart: The last 24 hours or yesterday it is an average of 34 feet and it holds 37.5. lGngsford: i might just comment on the programming of the weHs coming on has to do with water quality, is that correct. So we try to use the best water quality the most. Corrie: i have a question, what well is that on Ten Mile and Stuart: 12 Kingsford: it is down Corrie: We are bringing that badc up, and that will help the water pressure in that area out there. There shouldn't be any problems, once in a while I get calls that the pressure is down. Kingsford: Certainly, w~en it is on you are going to have a pumping station. I would suspect that you would see a drop in pressure when 15, if 15 goes off because then your closest well is going to be on Sth street. Stuart: The next well to go on is Meridian Greens. Kingsford: You are basically operating in tower pressure. Thanks Bruce. Crookston: When those people call you just need to advise their fiamily not to flush the toilets while they are in the shower. Kingsford; Mr. Crookston Crookston: The Council advised me to work on the license agreement with Nampa Meridian and t have a proposal, not necessarily a proposal but taking a stab at revising the sample license agreement that was provided to me of the Nampa license agreement so I will turn that over to Gary and have him take a fook at it. Kingsford: Let's move right along with that because my problem is to the Nampa Meridian board is #hat w~e wnuld move along with that posthaste and I have every intent of fulfilling that pramise and we need to get that done and get that block way completed. As you finish talking to Gary about that certainly communicate with Nampa Meridian's iega) Counsel and make sure we are not deviating from what is acceptab{e. Anything else? Crookston: That is all • • Meridian City Council June 21, 1994 Page 29 Kingsford: Mr. Morrow Morrow. Three things, first thing is that our ACHD meeting a week ago Monday Night they had our Cherry tane Road burnped out to the next year, it was only aftec lots of arguing and lots af trading that f got that reinstated for the fiscal year 1995. Qur project on Franklin and East 1 st with respect to the design is essentially completed, the monies for Ehe right of way acquisition were deleted for 1995 and moved to 1996 and construction in 1997. 1 think what we need to do as a Mayor and City Council is send a letter to the Commissioners stating our reiriforcement of, and the final determiner was the fact that they had cut a deal with us at that meeting that was heid at the cafeteria at the Middle School that w~e asked for a 1 year delayment w~e w~ould get the 2 miles at the same time. The staff conveniently forgot that agreement, even though is was a verbal agreement. I wquld like some support in terms of the Councit and Mayor with a letter to the Commissioners reaffirming. Kingsford: Entertain a motion. Morrow: ~o moved Tolsma: Seco~d Kingsford: Moved by Walt, second by Ron to have a letter come for the Mayor and Council drafted by Mr. Berg with my signature affirming our support of that being #unded in 1995 and that is delineate the discussions that w~ere held at the ACHD meeting in Meridian Middle School cafeteria, all those in favor? Opposed? MOTtON CARRIED; All Yea Corrie: Would it make any more difference to them if everyone of us signed along with your signature? Kingsfosd: That w`ould be fine, let's have a signature line for all of us. Corrie: I was going to say it might be a little more dramatic. Not that your signature wouldn't carry the weight. Morrow. Thank you for your support, the second thing is for Council thought, w~e had #alked to the city Attorney about drawing an ordinance that made homeowners associations and those types of things mandatory. I don't know where we are at with that. Crookston: I put it in the things that need to go in the zoning and subdivision ordinance • • Meridian Ctty Council June 21, 1994 Page 30 so that we can do them atl at the same time because it takes roughly 3 months. Morrow. Okay, my next item has to go along with the same thing, 1 think maybe it is time we do away with the R-8 zone and that falls into the same classifica#ion of what you are talking about. My point is how do we move that if it is the Council's desire, how do we move that ball along so that we get going with that. Kings#ord: I understand your guys position on that and 1 don't disagree but I would certainly like you to involve Planning & Zoning in that discussion. Before we just direct the Attorney to do that or whatever I w~ould certain(y (ike their input. I am nat sure v~e w~ould want #o do away with that zone, but to make some statement with regard to new subdivisions as they move out. Certainly there are a lot of enclaves that would make sense to have street alignments and so for#h that couid carry an R-8, but. Morrow: Coufdn't they be done under a PUD or something like that v~hen you are dealing with an enciave? Kingsford: Wetl, that is possible, but I am saying 1 would like to involve P& Z so you get that broader input. Morrow. My question is how do we get that ball rolling so we are not 9 months from now talking about the same thing. Kingsford: 1 think that you can convey that to Mr. Crookston to the Planning Chairman and they witl discuss it. if they want to schedule a joint meeting that would be appropriate to do so. Corrie: I would suggest it is a joint meeting. Kingsford: And off your clipboard of things that you are working on some other items might be on that agenda for a joint meeting. I think still the 2 zones for industrial, I am not sure your disposition on that yet, but that is an issue, there are 4 or 5 out there circulating. Anything eise Walt. Morrow. No, other than the budget hearings, we discussed at our last City Councit meeting, when are we going to have those. And we ta{ked about a City Counci{ workshop with respect to our looking at the overall picture of things that we need to do, city size and lots of other things. Kingsford: I asked Will today to look at when w~e have to have our public hearing and start badcing out when w~e needed to have certain things. We need to get that scheduled right • • Meridian City Councii June 21, '(994 Page 31 of way in order to do that t think you need to have various departments that you supervise budgets in and set those department heads a specific for those budgets and then let's schedule that meeting. Corrie: Have we set a time when the department heads, the Fire Department is just about done. So, when ever you want to set the rest of them. Kingsford: Let's look at doing that in the 3rd week in July that we have our woorkshop and that you have time prior to that to evaluate your particular depar#ments budget. Make sure your priorities are met and so on. If Mr. Berg's analysis of that requires that we move that up then we wiil let you know. Memory it seems like we have to have the public hearing 1 think the second meeting in August and w~e have to approve the final budget I think the first meeting in September. But we have dates specific and parallel publishing in a once a week newspaper. We wiil evaiuate that. Morrow. Those were all the questions that I had. Kingsford: Mr. Corrie Corrie: Yes, I have 2 things Mr. Mayor, one we are having an Impact Fees Committee meting July 8, w~e will be introducing the possible ordinance for both poiice, fire and parks and probably one meeting after that to present it to Council for their input in it. (End of Tape) We will have our meeting July 8th, at 11:30 to 1:30 at that time we will hopefully have the ordinances pretty well set up and then vve wi[I have one more meeting to put it together and give it to Council for approvai and for the public hearings. I have one other thing Mr. Mayor, at the Emergency Management meeting Monday at tha Ada Planning they had a mock disaster in Kuna and they came out that they couldn't find the Mayor and some of these other #hings. They needed to know in case there is a riot or emergency that they know who is mayor and who is not that they take the pot shots at. So, they have a vest now #hat the mayor is to wear at thvse. I will give that to you, you can carry that in your car or whatever. That is all I have. Kingsford: Ron Tolsma: We got most of all of the buildings, concrete, bu~hes, trees, rocks and everything else fifted off of 7ulley Park out there. So we (inaudible) hopefuily (inaudible). I have a meeting with an architecturaf designer to go over that property out there and get a rough idea of what we are talking about for an estimate on conceptually plans for ball fields and parking lots and stuff like this. Kingsford: Mr. Berg ~ • Meridian City Council June 21, 1994 Page 32 Berg: Nothing Kingsford: Three things, remind the public and the Council of the Special meeting next Tuesday, June 28th at 7:30 in these chambers. The item on that agenda is just the the West One Bank Cherry Lane Office rezone request. Likewise before that at 6:30 the Board of Sew~er Appraisers will be meeting on a public hearing on that issue. Next regular council meeting on July 5th Mayor Brent Coles from Boise has asked that he have 5 or 10 minutes to pass out and discuss with the Council the Mayor's Task Force on Youth. I told him we would love to see his smiling face in Meridian and that he would be welcome to share that time. I guess one thing an old man is forgetful, if any of you guys happen to know vuhat t am supposed to be doing Monday w~ould you please tetl me. Somebody called me and wanted me to do something at home and I did not get it on this calendar and it is haunting me. It is tough. Don Bryan: I have a couple of things. (Inaudib{e) Kingsford: ls that with regard to that Shoshoni divert, they haven't done anything to this point, Leader? Bryan: (Inaudibte) Kingsford: John takes his water l don' t want to hear about it. What else Don? Bryan: I wanted to tip my hat off to you gentlemen for your direction away from R-8's and taward R-4's 1 think you are headed in the right direction. Totsma: I think that has to do with a comment you made here at P& Z here about 2 vveeks ago about Meridian being a dumping ground for R-8's. Bryan: (Inaudible) Tolsma: f think you got the point across. Corrie: f have been gone as you may or may not know for about 4 weeks and 1 heard that comment. Kingsford: fndifference to what some peopie think we do appreciate the comments (inaudible) and appreciate you peopfe that come in regularly and take an interest in Meridi~n. It makes our job easier we get a lot broader base of ideas I appreciate. John did you come back in for any purpose. • ~ Meridian City Council June 21, 1994 Page 33 Ewing: f think I came in just in time to hear that f have (inaudible) by Nampa Meridian and I assumed when you were talking about th~ license agreement it was on that bike path. They have, 1 don't know if anybody with any authority has done (inaudible) but 1 was reminded of the comment t made that they w~ould not have to tear itself themselves, I v~ould do it if they didn't take care of. (Inaudible) I think it is looking good and 1 think Nampa Meridian would maybe continue to let that happen, i# is not done yet but i(inaudible). Kingsford: We don't have rivers running through Meridian but it is neat that we hava those waterw~ys and 1 think it is very appropriate we use them, peopfe iike to walk and it is most appropriate we have that capability. Ewing: Unbefievable how many people are already using it (inaudible) I didn't know thafi many people liked to walk myself. Kingsford: All you have to do, Council if you haven't done it go over by Hewlett Packard in those subdivisions it is amazing. Any evening you wil! see as many as 400 people out there walking. My brother had us over for dinner and we went out walking and I was amazed at the numbers that utilize that. Corrie: I think, this is a great time in Meridian, we can make this one of the most beautiful areas in the country if w~e just follow a good path like this for waking, 1 think it is right there. We need to push that to the hill, developers or whatever and make this a town where the people are happy and enjoy. I agree with the Mayor, he has the right idea. Ewing: (Inaudible) Is there any time frame or is that not a fair question to ask. Kingsford: On the Licensing agreemen#. Ewing: Yes Kingsford: I think that you can pass on that our Councif has made a draft that is being reviewed by our engineer and that he will be in contact with Nampa Meridian's attomey. Ewing: Thank you, that is all. Kingsford: Entertain a motion to adjoum. Morrow: So moved Corrie: Second C~ Meridian City Councii June 21, 1994 Page 34 ~ Kingsford: Moved by Walt, second by Bob to adjourn, ali those in favor? Opposed? MOTION CARRIED: All Yea MEETiNG AD30URNED AT 9:13 P.M. (TAPE ON FILE OF THESE PROCEEDlNGS) ~ GRANT P. KiNGSFORD MA ATTEST: ,~,~-=.~~ ~ WILUAM G. BERG, JR., TY LERK ~ HUB OF TREASURE VALLEY • OFFICIAIS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Cterk MAX YERRINGTON e CITY OF MERIDIAN RoaERT o. ~oRR~E neer GAfiY D. SM THS P.E. City Eng WALT W. MORROW BRUCE 0. STUART, Water Worke Supt. JOHN T. SHAWCROF7, weate water supt. 33 EAST IDAHO SHARI ST4LES Planner 8 Zoning Atlministrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO $3642 W.L. "BILL" GORDON, Police Chief WAYNE Q. CROOKSTON, JFi., Attorney Phone (208) 88811433 • FAJf (208) 887-4813 JIM JOHNSON Chairman • Planning 8, 2oning MEMORANDUM Public Works/Building Department (1A8) s87-221 t GRANT P. KINGSFORD TO: Mayor an Council MaY°` ~ ~ ~~~ FROM: cT~~ '''~ ZS Shan L. Stiles, Plannmg & Zoning Administrator R~CE~~~D DATE: June 21, 1994 JU N 1 , 1994 SUBJECT: Final Plats C~TY UF ~~KIU~ni~ I apologize for my lack of response for toni,ght's agenda items. Due to pressing matters requiring my immediate attention in regard to the Idaho Community Development Block Grant project, I have been unable to devote the time necessary to complete a review. I respectfully request, if it is the Council's desire to approve the final plats of Fothergill Pointe No. 2, The Landing No. 7, and Finch Creek Subdivision, that the approval be conditioned on me~ting staff requirements. . C8'~( ~~ ~AEE~l~IAN ~fl~B ~~ T~E~~I~~E 1~ALLEY ~3 E~,~~' B~~H~ 1M~~ODBAN, I~A~i~ ~3642 ~~ ~~~.n~~ ~ . ~ ~ PUBLIC MEETING SIGN-UP SHEET ~ Z~ -~ ~ TIAME: PHONE NUMBER: --- -T---------------------------------------------------------------------=----------------------------------- -,. ;• ~~, ~~ j ~ ~P ( ~ ~ - ~ L~=-`~-`-=-~ (ll(~ t,t/l~: ~------------------------------------------------------------------------ • MERIDIAN CITY COUNCIL AGENDA ~ TUESDAY, JUNE 21, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JUNE 7, 1994: 'TA~/~ -~o r ~p~rova.E' C~' ~ r~f ~~ TABLED AT JUNE 7, 1994 MEETiNG: LEASE AGREEMENT WITH KEN HAMiLTON PRESENTATfONS: ~`~~a' uk`~.l ,h.e~~` i~'~'. 7-5~~~ 2. FINDtNGS OF FACT AND GONCLUSIONS OF LAW FOR BRIGHTON CORP. ANNEXATION AND Z~NING REQUEST: a,ojot o~e ~'a~ ~' ~--OC ~°`?~ L 3. ORDINANCE #650 - DAKOTA R1DGE ESTATES ANNEXATiON: ~~~r~~~'~~ _ ___ ___ _ _ . ------- _ 4. ORDINANCE #851 ROCK CREEK SUBDNISIO RNNEXATION: ~ f~~raved- 5. QRDINANCE #652 ESTDALE PARK NO. ANNEXATI4N: a~~~ ~~ `'L 6. ORDINANCE #653 - ROBERT GIENN ANNEXATION: ~~/>rave~ 7. ORDINANCE #~5~- LID GLENNFIELD: -- ~-b~~ ~~f'~ ~`"'`~~ `1"~' T S~i~-- 8. ORDINANCE ~aa~"- LID PHASE 2 DOWNTOWN: -- ~fzd-b~-e d' ~h~`' ~ "'~ "`~ ' ~`~J ` ~ s~~ 9. ORDINANCE ~656-- AVEST ANNEXATION: ~~~nrB~.~a~- ~~,~"4 10. RESOLUTION #157 - SEWER INSPECTION F~ES: - ,~u-e~ /~~~Q ~ ~i~'~`' 11. BOB McCAMMON: GREGORY ASHTON TORT CLAfM: - de~~ ~-~°Q'~ (,~*~ ~`°p~ ~ /.~vb mc~ C'a ~ v,~. o~ 12. FINAL PLAT: FQTHERGILL POINTE N~. 2, 82 LOTS 6Y JOHN EWING: ~~~r~~~c~ ~on-d•~~na.F oh ~~{~~omhi.e~l ~ ~~Q a~,or`~a•2~ 13. FINAL PLAT: THE LANDING NO. 7, 51 LOTS BY SKYLINE DEVLE4PMENT: ~~J~pivc/tl~CO'r~/L~i'a~,.Pc~CJ~1.f~a.~CoYnhcQnf3'/ ~'C'~~-af7~vovu-Q,~ Cfi9 ~` 0'rvc%p ~, ac ~ rce ~~/-- 14. FINAL PLAT: FINCH CREEK SUBDiV13fON, 45 LOTS BY CREEKSIDE DEVELOPMENT fNC.: ~u~e~ ~~ ~+~'~~y ? 5-~l`~ ~° ~r~,7~ Q l~..o~e a~~c.s ~c~rv~cc~b?•~ 15. PUBLIC HEARiNG: REQUEST FOR ANNEXATION AND ZONING FOR FIR~ LIGHT ESTATES BY RUNNtNG BROOK ESTATES AND HUBBLE EINGiNEERfNG: ~p~~~~ ~l~ ~' c1c- L~/i't~c~ c'_/~ ~z~'Zk,e y~ Pr2~Ja~, ~G~ma~-c.~,eJ / ~ ~ 16. PUBLIC HEARING: REQUEST FOR ANNEXATtON AND ZONING FOR TURTLE CREEK SUBDIVISION BY STEELE AND SONS AND JUB ENGIEERS: ~-~ ~C U-~~ /~~-` htito., ? ~ q4- ~~-n-c~~-~ y~~~u- es ~ o~ .S 17. DEPARTMENT REPORTS: ~`~"~~ ~~~'`d ~' J~~ ~O ~ a~'vi°/~~'~ A. GARY SMITH 1. BID RESULTS - MERIDIAN GREENS BOOSTER STATION PHASE Ii: ~~~ro U~ ~_ j~,,~ ~ew~-.~. r~-'~7`~-°~u'~` - ~~~ C~ c~i»-~ ~~~a' .~Pec' ~"ce-e' t~ ~J ~ ~ ~ ~ Gt~C~ vL~-~ ~i~.v ~~J~~o'N ~ C'~ ~ ~ f~in~~•~.e.y / r7 Q ~,~-/ ~~-- L~~~ r~d C:~nGI~ LI- _. ~~f-jlr~ ~3?rrZ-t ~. L~~ ~ ,~y2 ~L',,.~."- ~- ,~-c~-1~ C'~-~ ~~ ~-" ~-~~~`~ qs ~~a-.-~~e~~~- l s% ` l ~ T ~... ~ C,~. .~,Q~~~l.~ ' ~a ~~ , G.~ H~~-''~~ J'~~`-c~cc~GdJ O'~•~- ~.yec~ L~~~~l~ ~t?Z j~q~~' ~ h~Z_J ~~~ ,~~~ ~ ~~ ~ ~ ~n~-~% -- ~~- ~-~,~ ~. sr~~-~ ~~ ~ ~ ~ ~-~- ~ " ~ ' G~i ~'f~- 2~-f~ Ghw"~,eJ- ~ .~' h~.e.~ J r`'~~'~ z b;,r~c(~~ h~ ~-c.,~-~ ~ ~-~~--~~ 3,?~ ,,~,~~~.~ .~h-~~ ~, f> ~'~~',~-c:c.,~ - /~ J~c.~ 8'~` ,~,.,~P~c. ~ ~~- ~/ .~ ~-Yn- ~~' - ~ ~~- ~ ~ e~ ~ ~~-,,,. ~lrb~.~.~.. ~-- '7`t,~.?.e.e~y /~~e - L~,~,~.C~~-~cr~~~.~e.~ Yx.¢z~~ w~ ~,r/ /~y-CiC.~~-ec.~.., I ~ ~~~ ~-- .~p~~~~ w~~~ s~ r " ~`l ~ ~ z'~ _ ~ `f ~' ~~ 3,° ~~... ~"/.~- ~--f~ C~ ~= 3" ~~``. ~ ~'r~ ~, ~.Q~ ~.- ~ ~-t~r~- ~'a~.~ ~,~-- ~-~-u:~z~ ~ _` ~ ~~(,~~ E~o~- ~'-~ ~v'~- ."" /~-~~ ~ ~ wfi v,,.,~ (~ ~J ~ ~ ~c~„ ~~ ._ ~u..~'fi~,~u~ ~/ t ._ ..i • • NOTICE OF AWARD Dated 6,L21/94 T0: Sommer Construction. Inc. (Bidder) ADDRESS: P.O. Box 160 ~ieridian ii~ t~s~bt~ OWNER'S PROJECT NO.: 292070 PROJECT: Meridian Greens Pump Station - Phase II CONTRACT FOR: 160 L.F. of 10" Ductile Iron and PVC Waterline with associated fittinqs, valves, manhole, and concrete encased and insulated crossing of the Eiqht Mile Lateral. You are notified that your Bid dated June 15 , 19 94 for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for Meridian Greens Pump Station - Phase II (Indicate total Work, alternates or sections of Work awarded) The Contract Price of your contract is Twenty-Seven Thousand Seven Hundred Thirtv-Two and zero cents Dollars ($27,732.00). Three copies of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by July 6 , 19 94 1. You must deliver to the OWNER three fully executed counter-parts of the Agreement including all the Contract Documents. y ,~ . , • ~ 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders (paragraph 17), General Conditions (paragraph 5.1) and Supplementary Conditions (paragraph SC-5.1) 3. (List other conditions precedent.) You must provide Certificates of Insurance Coverage as detailed in the Supp lemer~~ca~y Cc~~~u ; ~~~,~~s ( paragraph SC 5. 3, SC 5. 4, ~nd SC ;~ _~; Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your bid Security forfeited. OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached after being fully executed. (OWNER) City of Meridian (Authorized Signature) Gary D. Smith, P.E. Meridian City Engineer (Title) • • OR4GINAL BEFORE TSE MERIDIAN CITY COUNCIL BRIGHTON CORPORATION ANNEXATION AND ZONING GOVERNMENT LOT 3, SECTION 6, T. 3N., R. lE., B.M., ADA COUNTY, IDAHO MGRIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 7, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the CITY COUNCIL having heard and taken oral and written testimony and the Applicant appearing through Gene Smith, and having duly considered the matter, the CITY COUNCIL makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 7, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 7, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Paqe - 1 • . reference is incorporated herein; that the property is approximately 40 acres in size; it is located between Locust Grave Road and Meridian Road and being approximately 1,320 feet east of the intersection of Meridian Road and Ustick Road. 3. That the property is presently zoned by Ada County RT (Rural Transition) and the proposed use is requested to be for R-8 Residential type development. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not, as of the date of application, the owner of record of the property. The owner of record is Helen V. Davis, who has approved of the annexation and zoning request. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-8 Residential; that the present use of the property is for one house and for agricultural use; that the applicant indicated that the intended development of the property is for an R-8 type subdivision use; that the Applicant did not submit a request for approval of a subdivision plat at the time of submitting the application for annexation but has now submitted an COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 . ~ application for subdivision approval, known as Bedford Place Subdivision; that the density is shown to be 3.87 units per acre; that the Applicant stated that there would only be single family dwellings and would be similar to the surrounding subdivisions which are zoned R-8 and have agreed that there would only be single family dwellings; Mike Tanner, representing the Applicant at the Planning and Zoning hearing, stated that Applicant would be putting in a park like corridor through green belt type area with a pathway; he also stated that he "would want to put in a quality project and be consistent with the neighborhood in the area and what we do we try to do in a quality way."; that Mike Wardle represented the Applicant at the City Council Hearing and he stated that they desired to have dispersed housing with house varying from 1,100 square feet to over 1,300 square feet and that such was needed to provide all income groups with affordable housing; that he stated that the lots would be a minimum of 6, 500 square feet and the frontage would be a minimum of 65 feet; that there was no park land or recreational facilities mentioned for the project and no school site. 10. There was one property owner in the immediate area, David Couch, that testified objecting to the application; his objection was that the lots were too small, that the lots were not compatible with the surrounding lots, many of which were used for agricultural purposes and many were one acre sized lots; that the larger lots needed to be buffered from the smaller lots to protect the rural land use; he stated that the two properties to the ease and west COUNCIL FINDTNGS OF FACT & CONCLUSIONS OF LAW Page - 3 • • are currently being used as agricultural land and that 6.7U of the Comprehensive Plan required a buffering; and that Chief Joseph School was full and cannot accept more children. That the Comprehensive Plan under LAND USE, Section 6.7U, it does state, "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniyues." 11. That Don Bryan, an owner of property on Locust Grove Road testified that he agreed with what Mr. Couch stated; that the City of Eagle controls for an open area; that open irrigation ditches are a problem for farmers and they are less of a problem if they are tiled; and that there were school problems. 12. That David Turnbull, a principal in the Applicant stated that they were designating a school site in the area and contributing land for the golf course; that the house size would be a minimum of 1, 200 square feet; that they would fence the perimeter of the project; that they would instruct the realtors about the adjoining agricultural uses and put restrictions in the covenants about the agricultural uses adjacent to the property; and that the subdivision would all be single family dwellings; in response to questions he did state that the school site they were giving was on Chinden Boulevard and near Eagle Road and that the recreational property he had stated they were working on was in the City of Boise. 13. That the property is in an area marked on the Generalized Land Use Map of the Meridian Comprehensive Plan as a single family COUNCIL FINDINGS OF FACT & CONCLU3IONS OF LAW Page - 4 • • residential area; that in the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 14. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 15. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed inta residential subdivisi.on lots. 16. That the property can be physically serviced with City water and sewer if the Applicant extends the lines. 17. Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian School District, the Central District Health Department, and Nampa Meridian Irrigation District did submit comments and such are incorporated herein as if set forth in full. That the Meridian Planning Director did submit comments which were that the application complied with the Meridian Comprehensive Plan; the City Engineer commented that the Onweiler Lateral and the South Slough course through the property and will need to be continued with any development; the Ada County Highway District did not submi.t comments, but when they are received they shall be incorporated herein as if set forth in full. 18. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 • • iR-81 Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. that the R-8 zoning di.strict requires a minimum of 1,300 square feet to be included in houses in that zone; that the Applicant's representative stated that the subdivision eventually applied fvr would comply with the neighborhood. That the R-4 Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: R-4) Low Density Residential District: Only Single Famil.y Dwellings sha11 be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusi.on of incompatible non-residential uses. The (R-4) District allows for a maximum of four ( 4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 19. That there have been other subdivisions in the area zoned R-8; in Cougar Creek the density is 3.5 dwellings units per acre but most of the lots have at least 150 foot depths, approximately; in Chamberlain Estates the density is 2.88; in Fothergill Estates Subdivision the density is 3.7 units per acre but the lots are from COUNCIL FINDINGS OF FACT & CONCLU3ION3 OF LAW Paqe - 6 • ~ 7,000 to 19,000 square feet; in Rock Creek Subdivision the density if 3.5 units per acre but all of the lots have at least 9,000 square feet; that most of the lots shown on the proposed plat of Bedford Place, the subdivision on the property which has been applied for, are at a minimum square footage of 6,500; that there are some that are larger than that but not too many more than 7, 500 square feet. 20. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of resi.dential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 21. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided .. .' 22. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 23. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, madular, mobile COUNCIL FINDINGS OF FACT & CONCLUSION3 OF LAW Page - 7 ~ ~ homes, multi-family, townhouses arrangements), . . ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 24. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 25. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 26. That in prior requests for annexation and zoning in this area the Zoning Administrator has commented that annexation should be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement. 27. The Meridian School District, in prior comments to annexation in this area, commented that there is no excess capacity in the schools of the District and that residents of new subdivisions could not be assured of attending the neighborhood schools; the School District asked for support for a development COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 • • fee or a transfer fee to help offset the costs of building additional schools. 28. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation se~vices to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 29. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Paqe - 9 • • in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 30. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 31. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet ( 20' ) wide, and shall not be a part of the normal street right of way or utility easement." 32. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 33. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Pa4e - 10 • • 4. To buffer more intensi.ve adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation f acilities." 34. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian DesiQn Manual for Ada Countv (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 35. That proper notice was given as required by law and all procedures before the CITY COUNCIL were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the CITY COUNCIL has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 11 • • Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, Brighton Corporation, and the annexation is not upon the initiation of the City of Meridian, but is at the request of the City Planning Director. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements, 11-9-605 M, Piping of Ditches, and Section 11-9-606 B 14., which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and aontrolled by the Subdivision and Development Ordinance; that, as a condition of COUNCIL FINDINQS OF FACT & CONCLU3ION8 OF LAW Pacte - 12 • • annexation the Appliaant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set-asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in an area marked as a single family residential area, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies; but the land does border rural farms or ranches and those farms and ranches shall be buffered and the subdiva.sion covenants shall let the home owners in the proposed subdivision know that the farms and ranches are there and that agricultural uses will, or may, be continued; that this COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Paqe - 13 ~ • matter shall be addressed in the development agreement. 12. That the development of the property of the property, as shown by the proposed platting of Bedford Place Subdivision, does is not comparable to other subdivisions in the immediate area, and particularly along the South Slough; that the development of the property, as shown by the proposed subdivision application for bedford place would not be comparable to the other subdivisions in the area; that the City has approved many subdivisions with R-8 zoning but in this area they have been at an R-4 or less densa.ty; that the total density may be 3.87 units per acre, but the development shows that the density for most of the subdivision would be greater than R-4, when most of the subdivisions in the area have been under the R-4 density, or much less. 13. Therefore, based on the Application, the testimony and evidence, the Findings of Fact and Conclusions, and the Ordinances of the City of Meridian it is ultimately concluded that Applicant's property should be annexed and zoned R-4; that the conditions should be those stated above; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met; that if the Applicant does not agree with the R-4 zoning, the property should not be annexed; that if the Applicant does not submit a written statement that it agrees with the R-4 zoning and agrees to develop the property to meet the R-4 standards before City Council meeting when an annexation ordinance would be passed, which would COUNCiL FINDiNGS OF FACT & CONCLUSIONS OF LAW Page - 14 ~ • be at the July 5, 1994, meeting, the property shall not be annexed and the Application wi11 be deni.ed. 14. That all ditches, canals, and waterways required to be tiled by City Ordinance shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 15. With compliance of the conditions contained herein, the annexation and zoning of R-4, Residential would be in the best interest of the City of Meridian. 16. That if the conditions of approval are not met the property shall be subject to de-annexation, but if the Applicant does not submit the written statement to have the property zoned R- 4 and a statement that it agrees to develop the property to meet the R-4 standards, the property should not be annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSION3 The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCTLMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED ~ VOTED VOTED '~Z VOTED VOTE The Meridian City Council hereby approves the annexation and zoning as stated above for the property described in the COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Paae - 15 ~ ~ application wi.th the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de- annexed. That if the Applicant does not submit the written statement to have the property zoned R-4 and a statement that it agrees to develop the property to meet the R-4 standards, the property shall not be annexed. That no annexation ordinance shall be prepared or adopted until the Applicant submits the written statement reference above. MOTION: APPROVED: DISAPPROVED: ~ COUNCIL FINDINGS OF FACT & CONCLUSIONS OF LAW Pa4e - 16 ~ ~ ;~~~f~50 ~ ~~~ ` . ._: ~ .,. . _.,, oxniNarrcE xo.~ _ '. ._ ... S rr a _ 9~ ~~~'. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING ~~.i~~bBiI~NGi ECE~i['~N REAL PROPERTY WHICH IS DESCRIBED AS THE 5W 1/4 OF THE SE 1/4, SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, B~ISE--MERIDIANr._ADA~~ CCIUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE "•~_ ~~~-- _- .'' ~:~ ~ f C3:~ 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 described in 5ection 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The SW 114 of the SE 114, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho is hereby annexed to the City of Meridian, and shall be zoned C-G, General Retail and Service Commercial; that the annexation and zoning is subjec~ to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request tor aiinexation and zoning. Section 2. That the property shall be subject to de- annexation i~ the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridiaii water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance ar.d the Meridian Comprehensive Plan adopted Janua.ry 4, 1994. c. That, as a cc~ndition of annexation, the Applicant sha11 be required to enter into a development agreement as authorized by 11-2-~l16 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City r X ANNEXATION ORDINANCE - A'VEST Page 1 ~ , of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conda.tions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal descriptian, 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 Commissiorr within ten (10) days following the effective date of this Ordinance. Secti.on 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 reguir~d by law. PASSED by the City Council and approved by the Mayor of tl~e City of Meridian, Ada County, zdaho, this ZISj day of.~u,n~ , 1994. APPROVED: ~ MA R-- GRANT . KIN S R ATTEST: ,~~ ~ ~~~- ~- s WILLIAM G. BERG, JR. - TY CLERK ANNERATION QRDINANCE - AVE3T Page 2 • . STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct cs~py of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SW 1/4 OF THE SE 1i4, SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING .AN EFFECTIVE DATE, " passed as Ordinance No. ~54-, b the City Council and Mayor of the City of Meridian, on the 2/ day of •~uK~L. , 199~4, as the same appears in my office. DATED this ~~`S~ day of '-~u n~- , 1994 . STATE OF IDAHO~) : ss. County of Ada, ) .. ,~~~ ' City Clerk, City of Me di n Ada County, Idaho On this ~ day of ~uiue , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. 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 offi.cial. seal the daX and year i~ this certificate f~st above written. // ~g~r:i*,:.'.^-:,Jy: `,~`,1~LJ 7L- ~ , ~gj ~l~~ ~~~ ~ ~~~~~~' ~^•'`~ ~Aj~1 ~ ~•qr ".•O~ ,.. i SEAL " ~{;~`~~~~'~c:~~p',~,~'~ ~ _ ~ ,, _ ~ - =.~r~ ~ c~ ~;~ ° "" '~ ~ ~ l. ~ '' ~; o ~c~~~ e ' ~ OY~e4 F'? `~ ~ ''''~~~~ ~~ ~~~~,`,` ~ ~~l111U 111-~~ .. ,I~ota Publi~' for ldaho Res' ing at Meridian, Idaho My ommission Expires ANNEXATION ORDINANCE - AVLST Page 3 ~ ~ ~ .. r-, -• y = • / ~J u ~_~ .~ 1~,~!~Gv~ 4~.~~~~~E%~~11/ / _ y ,-,, ` -:;l ORDINANCE NO. ~ S 3 ~,,~ 1 y_ ), . /~,e0 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING ,AN~ ,,ZON'~~ G.CERTl~!, ~~i.,~i REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL O~' ~`!rD ~ITLFA~E~ 7.`iJ THE SOUTHWEST 1J4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WE5T, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDINGr~-EFFECT~IE DAT~:,:= nc~-,..,_ i ~ L•r 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 described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land situated in the Southwest 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Southwest Corner of the E 1/2 SW 1/4 of Section 2, which point is the real point of beginning; thence North 0°55' West 2659.7 feet along the Western boundary of said E 1/2 SW 1/4 of said Section 2 to a point on the Northern boundary of said SW 1/4 of Section 2; thence North 89°39' East 414.73 feet along said Northern boundary to a point; thence South 0°55' East 2662.2 feet along a line parallel to said Western boundary of said E 1/2 SW 1/4 of said Section 2 to a point an the Southern boundary of said E 1/2 SW 1/4 of said Section 2; thence Westerly 414.73 feet along said Southern boundary of said E 1/2 SW 1/4 of said Section 2 to the point of beginning. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - ROBERT GLENN/ARROW LEAF Page 1 • • Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property sha11 be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular 5ection 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet 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, Ada 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 2IS~day of ~T~,c`c~ , 1994. ANNEXATION ORDINANCE - ROBERT GLENN/ARROW LEAF Page 2 . • APPROVED: MAY -- GRANT P. K NGS ATTEST: ~ ~ WILI,IAM G. BERG, JR. - CI Y CLERK STATE OF IDAHO, County of Ada, ss. I, WILLIAM G. BERG, JR., 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 PARCEL OF LP,ND SITUATED IN THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. S,3 , by the City Counail and Mayor of the City of Meridian, on the ~ day of G~K~, , 1994, as the same appears in my office. DATED this ~~s~ day of ~/u~ ~- , 1994 . iC~~~~~ ~ City Clerk, City of id an Ada County, Idaho ANNEXATION ORDINANCE - ROBERT GLENN/ARROW LEAF Page 3 • • STATE OF IDAHO,) : ss. County of Ada, ) On this v?~ day of rt1 e, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. 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. - , - ,,~a~~~ee~rp~~~~~ ~~~ ~ ~ ~- • (a' ~•, .`~,,~~o~'~~~q~ ty`~s'' . ~ SEAL ='S ~,~T ~~~ ~~ " No r Public for ldaho _ n ~, ~,.~ ~ esi ing at Meridian, Idaho = ~ ~ /9 e ~.~ °' ~`~' ~ , y ommission Expires ~~~ `~, ; '~~~~~~ P.-*~~a° . ,,,~~~.E 6~ ~~~~,,. ~~•,,~~,~~~~•~° ANNEXATION ORDINANCE - ROBERT GLENNIARROW LEAF Page 4 v ~~~ _ _ __ ,> W ,~r, . y „ 11 12 V ~ 1~"~ ~~~ ~ ~ ~, 98 / ~ N• 84 .~9 E. ' ~ ;. 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W-ANf~f---- ~`'7------- ---~~ ri ;'~ -_ C``---------- --' ~ ~ iF S B IV SI Z " '° t_ `'~------WAY------ o~ ; , ~ ~ ~,o ~ b a , I}~ ~~/"~/~rt}~ B IVI I N N .1 %o ; , \~-L.L.~ ~ C ~ ~ /e I _____"___~ ~___'_ 6 4 ] = 1 ~F" ~I _'____'-'_ ` ____-'____ ~__ "' _ ' _ .. ~ - ~ _ _ ~~-~ ~ ~ I '__.___'__~.______~___ _ -__._ `_"_____ '___'_ __________'l _______. ao,i,d -- - , , - - - , ,, , ~; R.P.~. ~' ~, ' ' ,-` ~ , , ~ ; ; ~--~ , de f-om data cvpyrigb~ed by Rda Cnunty. fl rwt be liab~e for inaQUracies or ~P• A~,ip~s b~-ing this disr'Jaimer may ~-eely. H~we~er, use in airy digital fi~m ~ permission of Ada County. ~ ~ (` ~ U lj „ ~.) :~ L f ~ ~ ~ v ' ~~~.~ G~~-,: t .. ~ ~ ~ : . ...~:1 ORDINANCE NO. LO 'S 2 ~'-''.-` `~ ' `; /~,r~ ~~~~~~;~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING ~b•%'~t~l~-IfNG''~ERTA~N REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN~., THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 3 NOR7~, RANGE.: T- -L1~~.`,~~; BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING ~`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 described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: Commencing at the corner of Sections 5 and 6, Township 3 North Range 1 East, and Sections 31 and 32, Township 4 North, Range 1 East, Boise Meridian, 1,593 feet on a bearing of South 89°58.7' West to the REAL POINT OF BEGINNING; thence South a distance of 452 feet; thence North 89°58.7' East a distance of 105 feet; thence South a distance of 450 feet; thence South 80°52' West a distance of 200 feet; thence South 61°08' West a distance of 152 feet; thence North 0°00' a distance of 1,007.0 feet; thence North 89°58.7' East a distance of 225.6 feet to the Point of Beginning, is hereby annexed to the City of Meridian, and shall be zoned R-8 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Canclusions of Law as adopted by the Meridian Council on~ the request for annexation and zoning. ANNEXATION ORDINANCE - ROCR CREEK Page 1 • • Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains wi11 serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirementa, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That thes~ conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. g. The requirements and conditions of the Findings of Fact and Conclusions of Law and meet 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, Ada 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 Z~%day of~h.e , 1994. ANNEXATION ORDINANCE - ROCR CREEK Page 2 • APPROVED: . R -- GRANT P. ING ATTEST: ~~~ ~ WILLIAM G. BERG, JR. C Y CLERK STATE OF IDAHO, County of Ada, ss. I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and cor=ect copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 6'S2 , by the City Council and Mayor of the City of Meridian, on the 2_ S% day of ~n ~., 1994, as the same appears in my office. DATED this ~`~ day of ~w~- , 1994. a...~ City Clerk, City of M id an Ada County, Idaho ANNEXATION ORDINANCE - ROCR CREEK Paqe 3 ~ • STATE OF IDAHO,) : ss. County of Ada, ) on this a2 ~ dav of cJ~cne , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. 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. r~ ,. ,`e'Q~~ etlrfrao~,'' ~" ~i t°- ' ' ~' ie `~.`~~'s,4- ~ze~:d^~csc,a`'.p:~/~,. :.a . ~ `~a: o ST'i~ ~ ~' ,;"fp`~~~i ~ (~~t,`'~~0 °• P.3y ~ (.t ~ 4'A 4J ~ t p C~ ~ N '~HA ~ ~ 'S::i p ~ F'j ~ 'a ~~ J ~ f \ ~ ~' ;';~ ~: . 'e~ y ~ ~ ~'~";~r C~~ ' y.. ~. 9, ~ >. `~ ~~'~ ,q ~ ~~' e' ° ~ `+~o~ e ` . ~~~ta~~~~o~ N+~~ ~ry Public for lda iding at Meridian, Comma.ssion Expires Idaho O O ANNE7tATION ORDINANCE - ROCR CREER Page 4 ~ ~ /Y ~ / ; ,~ ~s 300~ , , ; N. S 58.7' , . 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E_HANVK_$7'-- -- -\'~ 1s ~ ---/Z-- . ? - E -Mo~l ~ ~ ~ ~ ~ "~---~JI i 17 ' " ~ , ; ~,% , F - __ , io , ~ ~ , ; `'~~ ' ~~ , ~ %~ , ~~ ~A~~wGR SS_QR ------- ---- - ' i ~ ' ~' II i\ E~~15UGAR_ST ~~ 1 ~ ! ; ND 3 } / ~~ ' ~ 9 ~ /~ 4 ------- - ,, , ~ i ~ ~ ` -- ; ~ ,' % , i ; , ~jP~- ` .,\ ~ ; ,~ ; ~i ~ ' _ ~; ~ , ' . ~'~_ E MEADOW S ST ' ~, , , , $ , ,~ ,~% ~ ~ , -- --- -- RA T ;~ ; ~ ' ~~' ° 'i ~ , e ' ,6~~~ '_ ~ ' ,' ^~~ T~ ~ i 4 1 A~ ' ~ j' ' e ,` `,`~/,( tt ' ~~ ' , i _ _ _ _ ,W -----~CiR~CJSE DR -- ~~ 'O~ B ~~' '~~ ~ ~o ,G~i : ( i 6 ____-_-__- I1 ~~ I ' S ~/// ^ / / 11 / ~a;'~ `~._~~:~~3~ s ~Y; ~__ ~~~%~ ,~ ~. ;,~~~ ~~ , . G~ ~ I~" ' i ;~~~I iVi e ~ ~~\ ~'i~..q'~ a ~ \. /Q~i':,.. \B ~ ' 9g1(1 ~z i NO~, -~ ;~~ ,e--~ ~ ~ ~,~ ~~ ~,, ~'_~V-aY~] _~,{(t._~]S~J~ , I ~ 1 ~ -_ .' 8 ' 9- A ~ 2~ -~ 3J ~~' . m. . . ~ .' , . , ~i z ~ . ~ n ~ ~ ~ ~ ~:~ ' i J v v v r ~ ~~~~ ~-~-, ~ -~ ..:~ ORDINANCE NO . ~ ~ `~ j"''= ` ) ~oC,O~ _ _ ,,.-. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING P~J~ ~id~112NG t~E~`~AI~ REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE 5W 1/4 OF THE NE 1/4 OF SECTION 9, T.3N. , R. lE. , B.M., ADA CA~i.~JTY,- ~BAfiO~ "_ ~;;- PROVIDING AN EFFECTIVE DATE. ,_~•: - -- WHEREA5, 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 described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: ~ A portion of the SW 1/4 of the NE 1/4 of Section 9, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 9 and 10~ T.3N., R.lE.~ B.M.j thence North 89°21'21" West, 2684.55 feet to a brass cap marking the center of said Section 9 and the REAL POINT OF BEGINNING (Initial Point). thence North 00°47'11" East, 394.69 feet along the North- South Mid-section line to a point; thence South 89°21'22" East, 1340.35 feet to a point on the East boundary of the SW 1/4 of the NE 1/4; thence South 00°30'24" West 394.70 feet to the C-E 1/16 corner; thence North 89°21'21" West, 1342.28 to the Point of Beginning. is hereby annexed to the City of Meridian, and shall be zoned R-8 Residential; 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. ANNEXATION ORDINANCE - WESTDALE PARR NO. 2 Page 1 • • Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. g. The requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause ane (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. 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 ZI~'day of June., 1994. ANNEXATION ORDINANCE - WESTDALE PARK NO. 2 Page 2 • APPROVED: ~ . MA -- GRANT P. K NGSF ATTEST: .. ~i~~~-'~ l~L~ ~ ~ / ,,` ~C/l.J WILLIAM G. BERG, JR. C Y CLERK STATE OF IDAHO,) . ss. County of Ada, ) I, WILLIAM G. BERG, JR., 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 SW 1/4 OF THE NE 1/4 OF SECTION 9, T.3N., R.1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. ~5 /, by the City Council and Mayor of the City of Meridian, on the ~s~ day of ~c~~ , 1994, as the same appears in my office. DATED this ~l Stday of ~~~-, 1994. i2%Ir~'=--,:~ i City Clerk, City of idian Ada County, Idaho ANNEXATION ORDINANCE - WESTDALE PARR NO. 2 Page 3 • • STATE OF IDAHO,) . ss. County of Ada, ) On this day of c,~K 2, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. 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 thi.s certificate first above written. ,, q~n+qe~s~n~wer.i~~es~ ,~ . ~~ ~' ,~ •~ SEAL *~ , ~,:;~~~~ ,~'s , ~ ~ s ~ "~gj w i s -~ a~ L~ ~ . :', e.i ~~`~~ r '~~ - ,, ,o; E'"~ ,::; ~~ 9'~' ~ : ~ s ~ ~•: 0 i,J P~ ~ t~i! ,VF~ ! ~ o i~ Rp Y J a,g~° t~,+y ,~ i~'~~' "m ~ ` u. "~" ,~ I~,;'~ P ~ ~? . ~ ~d~ `~~ ~ 4 a ~\ ,,~~~~~~~~~«,' ~!/N.l.l~f ry Public for ldaho iding at Meridian, Idaho Commission Expires ANNEXATION ORDINANCE - WESTDALE PARK NO. 2 Page 4 ~ ~ , r 1 ~ ~ , , ~ ,, , \ \ ~ . ~ ,__`_ • Q ~ ;- ~ ~ ~ I~ I 3~ - ---- ~ , i i ~ ~ ~ ~ i i ~ ' ~ ~' h I I ! ; ~~ , „ ~ ~ oc~qb£ I '~~b'L~oE,O 'S , , . ~ w ~ z , ~ 4 N ,' ~ N ' cV \ ,~ Z c~ ~ ~ ~, I ,"' \ ( ~ ~ - ` ~ ~ • ~ i ~ ~ Q 31 3 ~ ~ i (~j Q a \\ ; o N ~ ~, z _ ~ ~. . .1 . s 0 ~ ~' ~ _ o~ 1r p ~ ~ \ H ~ ~ ~ \~ ~ ~ ~ nj ~ o ~ 'r' ~ 1 ~ ~ Ca ~f ~ ~ °' ~ N ~. : ; ~ ~ ~69'bif ~' •.~ ,~~ . ~~ '~,.1 / ~ LboO ~/ . ' oN ' Q?A~ I 111+u1'1 e~.it7- hN11S1X3 ~ , / , ,~ ~ ~ • ~`! Q tJ v iJ ~~~ ' (~~ ,~~,~~~ - ~ ..,r ..~.=/l ORDINANCE NO. ~ Sa ~ i~- ~ i~~ UJ~~~~ ,.~ /o? t av AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING ~,~ON G,.ERT REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF 1~''~O~~TED• YN= T NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3,_TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO .-AND - PRL3~VTDING- T-~---- 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 described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A tract of land located in the Northwest 1/4 of the Northeast 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of said Section 3; thence North 89°06'49" West along the northerly line of said Section 3 a distance of 1320.35 feet to a point; said point being the POINT OF BEGINNING. thence South 00°25'57" West a distance of 1370.74 feet to a point, thence North 89°10'37" West a distance of 1320.96 feet to a point, thence North 00°27'30" East a distance of 1372.00 feet to a point, thence North 89°06'49" East a distance of 1320.35 feet to the POYNT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATE3 Page 1 ~ . Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet 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, Ada 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 ~%day of June, 1994. ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 2 ~ • APPROVED: ~ . -- GRANT P. KIN SFO ATTEST: _ ~ ~~ ILLIAM G. BERG, JR. - CI Y CLERK STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM G. BERG, JR., 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 TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WE5T, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 6~O , by,the City Council and Mayor of the City of Meridian, on the ~l s~/ day of June, 1994, as the same appears in my office. DATED this .2 ~~~ day of June, 1994 . ~iL ~ . City Clerk, City of ri ian Ada County, Idaho ANNEXATION ORDINANCE - DAROTA RIDGE ESTATES Page 3 ~ ~ STATE OF IDAHO,) . ss. County of Ada, ) On this ~ day of June, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he exeouted 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. a~ S~ 0 +" `~? e~~~~ rj ~ SSC "~`e+F~~ ~ lc', ~ q„ W.:: .STS~ " ~ ~J , ~_ . ,~ ,~ ~~ F~ -, ,, ~' ~ J f~ °,~Y„ ~ a R ~ ~. 4 t°"~ q g~~e ~"9 ~ ~'. ~~ C." o~ ~~ ' ~ ~ ~ c:::H • ~ ' ~`'-t',i V~,~J- ,~+~ `~ ~~i ~' n ~,~ i • ~d' tl ~ ~ t, ~..,,,` ~~~ S~{ .a .;,,. q~ ~' ~'~ '~ `~~ ~~~11111061~~, ~ry Pub~c for ldaho iding at Meridian, Idaho Commission Expires ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 4 ~ ~ , ~,~. b. - ------ - - ---------- -- --- -- ------ -- -------- ------- - J~ N~ 89~~6~l~9//~.." ~3'ZG.3s~ \ w d ~ \ f „~oo, ~ ~ ~ , ~ ~; ,paKoTA ~2~nt~~ EsT~r~s M o Ahh6x. on~O~NAnc$ '. M ;- N n . b 5~0 = ~., r e ~1 ii O ~ ~~ H ~, z o 0 ~ v~ ~ ~ ~ ~ ~~ , ~~~ \_ I I N, s9°~o'~"W.- 13~0, 96' ~.m ., ~,;. ,,, . . , . , , , , . ,, ~ , ~ ~; ~ ~~ ~ ~ ~ ~ ~ ; ~ ~; ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~; ~ ~~ ~ ~; ~ ~ ~xi sri N ~- c~-rr \ `'~ . ,, 4.~rn~ts ' ~ . \ ~'. ~~, ~~ s~ ~~ ~~ ~~ y.~Py ~, 1