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HomeMy WebLinkAbout1993 07-06• ORIGINAL MERIDIAN CITY COUNCIL AGENDA TUESDAY, JULY 6, 1993 - 7:30 P. M. CITY COUNCIL CHAMBERS MINUTES OF THE PREVIOUS MEETING HELD )dLY 15, 1993: tAPPROVED) 1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: CARNILIAN SUBDIVISION FOR VARIANCE OF STREET FRONTAGE REQUIREMENT TO 70' WIDTH: tAPPROVED) ~: FINAL PLAT: MERRYWOOD SUBDIVISION, 50 LOTS BY LINDA ARNOLD: tAPPROVED) 3: FINAL PLAT: FENWAY PARK NO. 2, 33 LOTS BY WILLIAM AND JDDY BUCKNER: tAPPROVED) 4: FINAL PLAT: GOLFVIEW ESTATES NO. 5, 21 LOTS BY GOLFVIEW LIMITED PARTNERSHIP: tAPPROVED) 5: FINAL PLAT: THE VINEYARDS NO. 4, 40 LOTS BY MAX BDE5IGER: tAPPROVED) 6: FINAL PLAT: FIELDSTONE MEADOWS NO. ~, 39 LOTS BY G. L. VOIGT: tAPPROVED) 7: FINAL PLAT: ROD'S PARKSIDE CREEK NO. 3, 4® LOTS BY L 8 R SALES: tAPPRDVED) 8: FINAL PLAT: WATERBURY PARK NO. ~, 7E LOTS BY RAMON YORGASON: tAPPROVED) 9: FINAL PLAT: RUNNING BROOK ESTATES, 31 LOTS BY STEVE ANDERSON: tAPPROVED) 10: PUBLIC HEARING: REQUEST FOR ANNEXATION FOR BRIDGE WOOD PARK SUBDIVISION, iH FOUR-PLEX LOTS, 72 UNITS BY HUNEMILLER- WURTZ: tFINDINGS TO HE PREPARED BV RIDDLEMOSER) 11: PUBLIC'HEARING: REQUEST FOR REZONE FROM R-4 TO R-8 BY JIM BANDUCCI, ROSS AND BEDELCO: tDENIED - NEW FINDINGS TO BE PREPARED) 1E: APPEAL OF PLANNING DIRECTORS LETTER REGARDING ORDINANCE COMPLIANCE OF BEST WESTERN CONCRETE PRODUCTS, INC.: tAPPRDVED - SITE PLAN REQUIRED) 13: REQUEST TO CONSIDER WAIVING 1400 SQ. FT. HOUSE SIZE REQUIREMENT BY GREG PARENT: tAPPROVED) • 14: WATER AND SEWER DELINQUENCIES: tAPPROVED) 15: APPROVE BILLS: (APRROVED) 16: DEPARTMENT REPORTS • MERIDIAN CITY COUNCIL JULY 6. 1993 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P. M.: Members Present: Ron Tolsma, Bob Giesler, Bob Corrie, Max Yerrington: Others Present: William Collins, Wm. Belnap, Russ Hepworth, Bruce Freckleton, Linda Arnold, Raleigh Hawe, Wilma Blair, Becky Bowcutt, Frank Mason, Randy Conner, Sid Harmon, Jim Banducci, David Paferri, Ralph Paferri, Dan Torfin, Ron Chandler, Steve Winterfeld, Glenn Murray, Mark Lohr., Larry Sale, Sam Lohr, Bob Brown, Lisa Clegg, Wayne Crookston, Bill Gordan, Greg 8 Nancy Parent, Wayne Forney: MINUTES OF THE PREVIOUS MEETING HELD JUNE 15, 1993: The Motion was made by Tolsma and seconded by Giesler to approve the minutes of the previous meeting held June 15, 1993 as written: Motion Carried: All Yea: ITEM #i: FINDINGS OF FACT AND CONCLUSIONS OF LAW: CARNILIAN SUBDIVISION FOR VARIANCE OF STREET FRONTAGE RE@UIREMENT TO 70' WIDTH: The Motion was made by Tolsma and seconded by Corrie to approve the Findings of Fact and Conclusions of Law: Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Yerrington to approve the variance requested for Carnilian Subdivision for street frontage. Motion Carried: All Yea: ITEM #~: FINAL PLAT: MERRYWOOD SUBDIVISION, 50 LOTS BY LINDA ARNOLD: The Motion was made by Tolsma and seconded by Corrie to approve the Final Plat for Merrywood Subdivision conditioned upon comments of staff being met and the turn-around at W. Snyder. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL JULY 6, 1993 RAGE ITEM #3: FINAL PLAT: FENWAY PARK NO. ~, 33 LOTS BY WILLIAM AND JODY BLICKNE R The Motion was made by Giesler and seconded by Corrie to approve 'the Final Plat for Fenway Park No. 2 conditioned upon City Engineer's review approval. Motion Carried: All Yea: 1TEM #4: FINAL PLAT: GOLFVIEW ESTATES NO. 5, B1 LOTS BY GOLFVIEW LIMITED PARTNERSHIP: Giesler: There was a number of requests made by Nampa Meridian, have those been handled9 Discussion Held - see tape. The Motion was -made by Tolsma and seconded by Yerrington to approve the Final Plat for Golfview Estates No. 5 conditioned upon City Engineer's review and Nampa Meridian Irrigation's comments being met. Motion Carried: All Yea: ITEM #5: FINAL PLAT: THE VINEYARDS NO. 4, 40 LOTS BY MAX BOESIGER: Tolsma: Questioned temporary turn around. Dan Torfin: No problem. The Motion was Bade by Tolsma and seconded by Corrie to approve the Final Plat on The Vineyards No. 4 conditioned upon City Engineer's review. Motion Carried: All Yea: ITEM #6: FINAL PLAT: FIELDSTONE MEADOWS NO. 2, 39 LOTS BY G.L. VOIGHT: The Motion was made by Corrie and seconded by Tolsma to approve the Final Plat for Fieldstone Subdivision No. 2 conditioned upon City Engineer's review and approval. Motion Carried: All Yea: • MERIDIAN CITY COUNCIL JULY 6, 1993 RAGE 3 ITEM #7: FINAL PLAT: ROD'S PARKSIDE CREEK NO. 3, 48 LOTS BY L8R SALES: Tolsma: Same comments from the lrrigation District, are they aware of those? Torfin: Yes we are aware of those. Giesler: Has the access issue getting into Fuller Park been resolved? Torfin: Presented sketch and gave explanation - see tape. We've worked with the Recreation District on Phase I and I don't think they have a problem with what's being provided. The Motion was made by Giesler and seconded by Yerrington to approve the Final Plat for Rod's Parkside Creek No. 3 conditioned upon the City Engineer's review and approval and also that we receive a letter fro® Western Ada Recreation stating their approval of the access provided. Motion Carried: All Yea: ITEM #8: FINAL PLAT: WATERBU.RY PARK NO. 2, 7~ LOTS BY RAMON YORGASON: Tolsma: Questioned the stub street issue? Roy Johnson: On the stub street that was requested to the west, apparently we have a letter from Larry Sale requesting that we put that stub street in and I've talked with Mr. Yorgason and we will have to add that but we don't know where it's going to be. Giesler: What was ACHD's requirement on that? Kingsford: Their requirement was in their initial minutes that there be a street stubbed out~to the west to adjacent property. In the preliminary plat that was not extended out. Corrie: That stubbing will provide access for Mr. Venable and Mr. Simunich? Johnson: Yes we will be extending it across to the Venable property and then the Simunich property is on the other side of Venable' s. • MERIDIAI+! CITY COUNCIL JULY 6, 1993 PAGE 4 The Motion was made by Tolsma and seconded by Giesler to approve the Final Plat for Waterbury Park No. B Subdivision conditioned upon the City Engineer's review and approval and also getting the stub street resolved with ACRD and the other property owners. Motion Carried: All Yea: ITEM #9: FINAL PLAT: RUNNING BROOK ESTATES, 31 LOT5 BY STEVE ANDERSON: Crookston: I was contacted by the attorney for the Water Users Association at Country Terrace indicating that the Water Users Association had thought that they would have to have something of record relating to the care and maintenance and construction of the easement to the well lot and access to it. Kingsford: For the Council's information sometiee ago there was a meeting at City Hall with those two parties, at that time the City stipulated that to approve the plat we would have to have a recorded note on the plat stipulating to that easement. Additionally then there was discussions as to who was going to do what that I think basically fell outside of the City, but we did demand at that time that there be a note on the plat, as I understand there is not at this mo~aent. The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat for Running Brook Estates conditioned upon City Engineer's review and approval and that it be noted on the plat calling out the easement for the well lot for Country Terrace Water Users Association. Motion Carried: All Yea: ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION FOR BRIDGE WOOD PARK SUBDIVISION, i8 FOUR-FLEX LOTS, 7~ UNITS; BY HUNEMILLER-WURTZ: Kingsford: At this time I'll open the public hearing and invite the owner or a representative to speak first. Becky Bowcutt, Briggs Engineering, 1111 S. Orchard, was sworn by the attorney. MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE 5 Bowcutt: Presented sketch to Council. This had 80 units total or ~0 four plea units. We proposed private streets because our access was off of an existing private street. One of the particular problems that Council had with this development was the private street concept and access to the east for future developoent to a particular parcel which has limited access at this polflt off of Meridian Road. This body at that time denied the application based upon the fact that we did not provide access to the east and we did not provide for public streets internally to meet ACHD Standards. We came back to Council basically asking for an opportunity to redesign the project based upon the input and to work with the developers to the north of the parcel who are proposing multi-family dwellings also and this body granted them a re.one which will allow them up to twenty five units per acre. With the redesign we reduced the units from 80 down to 7~. Our original density was 13.4 dwelling units per acre, with this new redesign we are proposing I~.B3 dwelling units per acre. 18 Four Plexus, 7~ units in total. We have allocated 3~1t feet on our northern boundary and then the developers to the north will be able to allocate 30 feet and this would bring in a sixty foot Collector street, which would provide access to the parcel to the east. We do have an existing 60 foot easement on the James Court property. The developers to the north have been discussing with the James Court Attorney some potential dedications and we'll pay for our half and they will pay for their half. Have gone to all public streets, sidewalks, etc. What we are asking for today is preliminary approval of this and then we can get together with the developers to the north and with the James Court people and get this dedication and get this arrangement worked out. Obviously we've provided for access to the east, which ACHD felt was extremely important and so did this body. I would be happy to answer any questions. Giesler: The street will be how wide? Bowcutt: Sixty feet. Kingsford: Is the portion directly north of James Court, is that the same property owner that is directly north of you? Bowcutt: Yes. Crookston: I have a conflict of interest but can still swear the witnesses. • t~1ER I D I Afel C I TY COUhIC I L JULY 6, 199 PAGE 6 Kingsford: Thank you. Anyone else to testify? Raleigh Hawe, 531 Blue Heron Lane, was sworn by the attorney. Hawe: I have not had an opportunity to see the drawings in their full scale. I would appreciate it if I could at this time. The question that I have on this is that the dedication of the property that they have off the centerline of that comes off thirty feet for their half of that and I need a little bit more clarification as to what ,lames Court is proposing. Are they going to relinquish ten additional feet off the centerline of that road that they have there to make that a 3i~t foot, because as it is right now it's only twenty two. Bowcutt: At one time a statement was made that they would be willing to cooperate with some type of dedication so that we could come in and upgrade this street. Kingsford: If you look at that 22 feet would be more than half of the paved section that they are talking about and there is a sidewalk there. That would be more than adequate for the southern portion of that street section. Hawe: Isn't the north boundary of that paved section what would be the centerline of that road coming east and west. Bowcutt: The north boundary of the existing pave®ent is the easement line that we currently have. Hawe: That is 22 feet froo there to the sidewalk? Bowcutt: That's correct. Howe: Thank you. Kingsford: Thank you. Anyone else? Ralph Paferri, 6i6 E. Curling Drive, Boise, was sworn by the attorney. Paferri: I'm a part owner of the property immediately to the south of this property. We have no particular problem with the nature of the project but we'd like to call your attention to the fact that the 13 acres immediately south of this project will essentially be landlocked. This 13 acres which I'm speaking MERIDIAN CITY COUNCIL JULY 6, 1993 RAGE 7 about lays to the east of the ca been looking forward to the d reviewing was developed so that 13 acres. I'm asking you if i City and the property owners situation which could be at some for development. I'd be glad to any. al. The people holding it have y that the property that your ~e e~apected to gain access to our 's in the best interest of the o land-lock 13 acres in this point and tise equally desirable answer any questions if you have Kingsford: I guess I'd criticise you a little bit in terms of timing, this is the second public hea"'ring on this request and this is the first time we've heard about landlocked property. The reason it was denied previous was to grant access to the east. I understand that you could get access to your property from the west. Paferri: The proble® there is gaining access economically if not for other problems across the canal. Preli®inary indications that we have is that the cost to bridge that canal would be in the order of °E100,000.00. I was unaware of a hearing if there was one. Kingsford: Anyone else to testify? David Paferri, ®530 Stynbrook, was sworn by the attorney. Paferri: The gentlesan you've just been listening to is my father. Over the past two years I've marketed this property as a Real Estate Agent and during that period of time I've been approached by at least 15 to as many as 25 developers who have looked at this property and given it consideration, all of them have turned their back on it specifically because of this bridge. They felt that it was just not economically feasible to develop because of the cost of putting the bridge over that drain. Kingsford: Thank you. Asked Becky Bowcutt for a vicinity map to look at. Bowcutt: Yes. tMap presented and property identified - see tape) Kingsford: I could offer up Dave that your problem really doesn't exist because we now have an Ordinance requiring that all ditches will be tiled so the bridge is not an issue, it has to be tiled. • • MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE Kingsford: Is there anyone else from the public that would like to offer testimony on this issue? Lyman Belnap, 6903 Kingsdale Drive, Boise, was sworn by the attorney. Belnap: I just wanted to bring the City Council up to date, we were contacted by the developer on the north of James Court about the dedication and we're basically in the process of negotiating on whether or not they will give up an additional nine feet of their property so we're not in the business of ripping out improvements. We have not had any discussions with the parties before the Council this evening on that issue. I don't know that it would impact them except to the extent that it might cause a curve in the dedicated roadway. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. The Motion was made by Tolsma and seconded by Giesler to have the Alternative City Attorney prepare Findings of Fact and Conclusions of Law on the request for Bridgewood Park Subdivision: Motion Carried: All Yea: ITEM #lii: PUBLIC HEARING: RE®UEST FOR REZONE FROM R-4 TD R-8 BY JIM BANDUCCI, ROSS AND BEDELCO: Kingsford: This was improperly noticed so it's back on for another public hearing this evening. At this time I'll open the public hearing on that issue and invite the owner or his representative to speak first. Jim Banducci, 945 Pimlico Drive, Eagle, was sworn by the attorney. Banducci: I would like to rezone Meridian Manor Subdivision Lot 5, Block 31 to accommodate two duplexes and a single family. I originally tried for three duplexes and the planning and zoning come back with this plan for one single family and two duplexes. 850 square feet per unit, two bedroom, one bath for a total of about 1700 square feet. Previously the people had stated they were worried about the numbers of people being there and this and • MERIDIAN CITY COUNCIL JULY fa, 1993 PAGE 9 that so I deliberately kept them to this size. There was also concern stated because I stated that I planned on owning one duplex and probably the other one I would sell and the single family I guess I'd sell that also. There was concern about me owning it or haaing a property manager take care of the property for me. Doesn't understand these peoples concerns - explained see tape. I think this piece of property is in a good location and out towards the front of the subdivision. I'd be happy to answer any questions. Kingsford: Thank you. Anyone else from the public that would like to offer testimony? Randy Conner, 145 Cranmer Drive, was sworn by the attorney. Conner: At the last meeting we handled in a number of petitions that had approximately 70 signatures opposing this. I a^ opposed to this rezone because of the reduction in property values. I think anytime you have apartments right at the main entrance to a subdivision it's going to reduce your property values. They will start out looking very nice but with time they deteriorate. We already have a clear divider between the residential and the apartments, that's Meridian Road. We'd like to see it stay the way it is. Kingsford: Thank you. Anyone else? Ron Chandler, 107 W. Willowbrook, was sworn by the attorney. Chandler: I've lived in Meridian for thirty six years, I bought this house to stay in this house. I bought my house because it was zoned R-4. I wouldn't have bought it if it had been zoned anything else. We do not want this. Let's utilize some planning here, let's think about what we're doing here in Meridian. Kingsford: Thank you. Anyone else? Frank Mason, 400 Cranmer, was sworn by the attorney. Mason: I agree with what has already been stated. The property values will drop and as the last gentleman stated there is a great divider there now with Meridian Road. I think we need to be very cautious here and deny this so that this area isn't turned into apartments on this side of the street. • ~1E R I D I AW C I TY CDURIC I L JULY 6, 1993 RAGE 1+Ia Kingsford: I would apologise on behalf of the City, one of those extra hearings was our notice error. Anyone else? Steve Winterfeld, 133 Crammer Dr., was sworn by the attorney. Winterfeld: I have one other letter from an individual that was not able to make it here tonight that I'd like to enter into the record. I would like to say that I think that property would work nicely for single family hones. Kingsford: Thank you. Anyone else? Glenn Murray, 113 W. Willowbrook Drive, was sworn by the attorney. Murray: I don't have a lot to add to what has already been said. I sympathise with my neighbors about having to drum up people to come down here everytime. I think that a decision needs to be made and it's pretty obvious at this point that the people that are involved are overwhelming opposed to this resone. Kingsford: Thank you. Anyone else? Jim Banducci: My intention is not to keep bring people down here to beat them down cause I'm not that way. The first meeting we were trying to do an R-15 and I believe they did have 150 signatures, the second meeting was for R-8 and there wasn't that many people here, the next one that was noticed wrong for R-15 again I'm sure they did go out and get more signatures in opposition. As far as the drop in property values I don't understand that. I guess if I was the person that had the end house there on Meridian Road I'd be fighting the apartments across the street and forgetting that Meridian Road is the divider, they'd 6e within the 300 feet so I'd be fighting them too. Kingsford: Anyone else? Ron Chandler: Mr. Banducci just stated that he would fight for such a change which tells me right there that he does not believe what he's doing is correct. The fact is the people that bought those houses still believe and still want the R-4 cone. Kingsfordt Thank you. • • MERIDIAN CITY COUNCIL JULY fi, 1993 PAGE i i Randy Conner: The last meeting when the incorrect notice was sent out, the petition that was turned in at that time was for the R-4 to R-8. Kingsford: Thank you. Anyone else? No response. I will close the public hearing. Counselor does this constitute a significant change in Findings? Crookston: The testimony is basically the same. The Motion was made by Tolsma and seconded by Corrie to deny the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Corrie and seconded by Tolsma to have the City Attorney prepare new Findings of Fact and Conclusions of Law on this issue. Motion Carried: All Yea: ITEM #12: APPEAL OF PLANNING DIRECTORS LETTER REGARDING ORDINANCE COMPLIANCE OF BEST WESTERN CONCRETE PRODUCTS, INC.: Crookston: I have a conflict in this matter. Bill Collins, representing Best Western Products: Mr. Forrey, as you all know issued a recent decision here the later part of June which was I suppose welcome on the part of my client. We wanted to get some resolution of these issues that have been in front of the Council. We've appealed that decision on three points that we think we need to get resolved. There's no real issue with any of the other matters that Mr. Forrey set out in the letter. The primary issue that we're challenging here is the reasonableness of the require®ent to place sod on this berm. As I read the Meridian City Ordinance on coning, the owner of the industrial property would be required to install a six foot high fence, typically that would be a chain link fence with some batten in between in. What we've suggested since the major camplaint appears to be from the neighbors across Overland Road is they don't like the view of the industrial operation, so we have said • • t~1EFtI®IAF~! CITY COURlCIL JULY b, 199 RAGE 1~ how about a six foot high berm. We also suggested the planting of trees. Mr. Forrey in his letter said, fine we're going to require that. Physically what we're proposing would be a six foot high berm. It would have a six foot flat area on top and a two to one slope which means that the overall base of the berm would be thirty feet. Explained further on irrigation, maintenance - see tape) What we are proposing is to cover that berm with, a weed barrier and on top of that berm install roughly three to six inch aggregate, rounded river rock to create a pleasing site along Overland Road. Another minor issue, on the installation of trees no date was given for that. We would like until fall to install the trees because we don't think we're going to get a good survival rate. We want to get in there and build this berm as soon as we can get some other matters resolved with Ada County Highway District on access. The other requirevent that Mr. Forrey outlined in the letter and maybe I can see his logic and that is he wanted a site obscuring fence with batten in it along the west boundary of the property, between us and the adjoining farm to the west. I think that the property owner of that farm has said I don't want that fence along Linder Road. The other issue that we're asserting here is some very vague language that appears in the last paragraph of Mr. Forrey's decision. It says something like this, "the nuisance ordinance applied to unacceptable noise impacts to adjoining residential properties or impacts adjoining residential properties from extended work hours". I've got a client here that bought the land relying on the property being coned industrial, checked that it was acceptable for concrete manufacture which is one of the permitted uses in the cone. Concrete manufacture has some noise. We would like to work something more than from eight to five. Conceivably a little earlier in the day and a little later in the evening. I'm concerned about that paragraph. What is the City telling us, is the City telling us that in two years they are going to come back and impose working hours on us? We'd like that clarified, we need to know now before we spend all this money on this property. We have hired a designer, we've developed a play at this particular point, we want to get all of this paperwork into the City and get it approved and get this thing put away. Those are the three primary issues that we'd like to see resolved tonight. Kingsford: For your information,' item #i9 with regard to the nuisance ordinance was not placed there specifically by Mr. Forrey, that was placed there by Mr. Riddlemoser who is on this issue the acting City Attorney. • INER I D I Ah! CITY COUhlC I L JULY 6, 1993 I='AGE L 3 Collins: We recognise that the City has a nuisance ordinance but I just don't know what he's saying there. Kingsford: I think what he's saying is adjacent to a residential area there's some reasonableness in noise. Collins: I understand that but is he just saying. that that exists. What about the extended work hours? Kingsford: I would think that times that people like to sleep there shouldn't be loud noise going on. Collins: When you see the site plan what we're going to try to do is enclose the area where we're going to be manufacturing the manholes. Hopefully that will eliminate some of the noise. Then the other equip®ent moving the manholes is a fork lift. Kingsford: Any questions for Mr. Collins? Corrie: You've mentioned a site plan, how long before that is forth coming? Collins: I would think within the next couple of weeks. Corrie: Also you said the core drilling that will be inside of a building? Collins: The tough thing with that is that core drilling requires a fair amount of water explained - see tape). P1ark Lohr: The machine can be put inside of a building. Yerrington: How large of space in the building would this take? Lohr: I'd say about 12 to 15 feet wide and ~f8 feet long. Collins: My understanding on this is that Idaho Power is the one that specified where they wanted that new pole put and bringing the line across Overland Road, that's one of the issues is where this power line is with driving equipment under it and so forth. Giesler: Is this type of slope abnormal? Assist. Eng. Freckleton: Gary has done some checking on that. MER I D I AfN C I TY COUhIC I L JULY 6, 1993 PAGE 14 Clerk Forrey: Gary Smith did contact several landscape companies. Mr. Collins had asked, during the time I was writing a letter to help them with the slope and if we had specified a 4 to 1 slope or 3 to 1 slope why that would widen the berm which would move their operations farther into their property, farther away from Overland Road. The question was we wanted to help them as much as possible and so what is the maximum slope that was moveable based on landscaper's opinion that would result in the minimum width of a berm which would get them least disruption to their business operations and that's where we got the ~ to 1. It could certainly be a flatter slope but that would be a much wider berm. It was an attempt to give you a minimum that would help. Yerrington: Would it be possible to have one slope on one side of the hill and the other slope on another side, a steeper slope. Say in next to your business you .have the steep slope there and more of a gradual slope out that you could put grass on. Collins: I think all the engineers would say you don't want to exceed the 2 to 1 slope, your going to have to ®uch subsidence if you exceed the ~ to 1. Further explanation - see tapel Giesler: Concerns stated about rock instead of sod. ,Ion Mayer: I'm working as a designer for this client. The idea of utilising the rocks as you've mentioned regarding the rolling portion of it we had looked at the setting of a wooden railroad tie or something like this as a base. They would 6e locked in against each other pretty well, you wouldn't see any rolling other then they are actually being installed. When I had spoken with two architects as well as Boise City's Parks Design personnel they had been trying to achieve a slope of 4 to i for mowing ability. A slope that is four feet wide but a ~ to 1 is maintainable with a small mower. I'd be happy to answer any questions. Larry Sale, ACHD: I have to admit ignorance on the hillside construction on the interchanges. I am familiar however with the berm along Chinden at the Banbury Subdivision from Eagle Road west. The first phase of that project, the berm was built at about a ~ to 1 slope by error and it is extremely difficult to water and it is extremely difficult to keep green in hot weather. The later phases of the project were built at a 3 to 1 slope and they do mow then regularly and they don't have as much trouble keeping them irrigated. Explained further - see tape) • • ME R I D I Ala! C I TY C®UNC I L JULY 6, 1993 PAGE 15 Sam Lohr: When we started talking about what we were going to do for a screen with the City and with the neighbors, as I recall we were originally talking about a planter area and a fence that was hard to see through and we came up with the slope and we'd put a berm up there, low maintenance type that wasn't hounding us all the time and still pleasing to look at. I just don't want grass I don't think we can keep it maintained to the point that everybody's going to be happy. It's a few more hours in the day that we're going to be out there running machinery to maintain it. We are trying to get a berm up there that other than watering the trees we don't need to do anything with. We want a tall berm to cut vision and noise, we want to get trees that will also act as a noise barrier. Grass just won't work for us. Understands neighbor concerns. We are trying to put a plan together to address these concerns. Kingsford: Thank you. Collins: In summary, the requirement for the grass we ',would like the City Council to require us to install a weed barrier and on top of that weed barrier to install three to six inch rounded rock on the south facing slope. The second issue would be to eliminate the requirement that said install a site obscuring fence along the west boundary. Also the extended work hours. Kingsford: How do you deal with the dust on a dirt berm? Mayer: Use a filter fabric. <explained - see tape) Tolsma: ®~restioned control of weeds in the rocks. Mayer: That weed barrier is extremely tough. BDiscussion of weed control - see tape) Sam Lohr: Have seen erosion mats be very effective for a long term period. Kingsford: What I would propose, if the Council would agree, I think that Bab Corrie had agreed to work on this initially, you've mentioned a landscaped plan let's expedite that and get their approval and move along. Corrie: Would you get an agreement from your clients that they would be willing to make sure that the weeds are kept under control as far as on the record. If we go to this rock berm rather than the grass I'd like to have some assurance on record that they would keep that. • • MERIDIA{g! CITY COUh1CIL JULY b, 1993 PAGE Lb Collins: Best Western would agree if the City allows ahem to use the rock to eliminate weeds on an annual basis as the weeds grow through that rock. Kingsford: I would suggest Mr. Collins that in that our ordinance requires more often than a year if they become a problem so we expect those to be kept down. Collins: Is that understood Sam Lahr? Lohr: I would agree to that. Collins: Is that understood Mark Lohr? Lohr: Yes. Giesler: I have some feelings for those neighbors. I realize it is zoned light industrial and I would have thought that maybe the owners of this property might have had the opportunity to visit with those neighbors and let them know what would be going in there. Sam Lohr: Several paints on that, we talked to the City before we bought it and we also talked to the neighbors before we bought it and also being that it was specified concrete production knowing the hours it takes to produce concrete and concrete products. The neighbors number one directly across the street informed us that no matter what we brought in there we'd be broke. Explained problems with neighbors - see tape. Yerrington: What would you think of working sunrise to sunset? Lohr: I wish I could say that would work great but in the winter the days are so darn chart. tExplained - see tape) Corrie: Do you plan on mixing concrete there? Is that all day, certain times of the day and where will it be done? Lohr: We're in the process now at looking at buildings. The plants that mix that type concrete are very clean and not very noisy. Corrie: That would be part of your site plan drawings? Lohr: Yes. MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE 17 Discussion on fencing - see tape. Clerk Forrey: I might add that the owner of the property did come in to see me and he is not in favor of the fence. Kingsford: On or before the 27th of July to receive site plan. ITEM #13: REQUEST TO CONSIDER WAIVING 140Q1 S@. FT. HOUSE SIZE REQUIREMENT BE GREG PARENT: Greg Parent, 162 Hope Arms Lane: My wife and I are trying to get into a house on our property that will be enlarged later to encompass two more bedrooms and a family room. Kingsford: Your talking about initially 127@ square feet. This property sits on the west - Parent: East side of Ten Mile north of Cherry Lane, north of the City of Meridian's well lot. Kingsford: Since this has been in the City it's been zoned that way, would our current 14G0 sq. ft. even apply or would it be based on where we were at prior to the 1991 zoning change. Crookston: If there was no house on it at the time the new Ordinance was enacted, the new ordinance would apply. Discussion on zone - see tape. Kingsford: It's R-4 but at least part of it platted and there are houses in there smaller than 14G0 square feet almost adjacent to this. dDiscussion on access to his lot - presented blue prints and gave explanation - see tape) Kingsford: My contention is that he should enjoy the same benefits as Sunburst. This was three parcels and then subdivided. Forrey: Efforts of Mr. Parent explained. Explained that this was part of a subdivision already. Kingsford: Things have been worked out then and you can get yourself a building permit. IMER I D I Afa! C I TY COUNC I L JULY 6, 1993 RAGE lA ITEM #14: WATER AND SEWER DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-determination hearing at 7:3~t P. M., July 6, 1993 before the Mayor and City Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent. You may retain COUflsel. This service will be discontinued July 14, 1993 unless paid in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? Wilma Blair: Would like to be able to pay this between August 1 and August 5, 1993. The Motion was made by Tolsma and seconded by Currie to approve the turn off list with the exception of Wilma Blair. Motion Carried: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code 67-5261. Even though you appeal, your water will be shut off. The amount of the turn off list is ~ 1 G, 157.12. ITEM #15: APPROVE THE BILLS: The Motion was made by Tolsma and seconded by Giesler to approve the bills. Motion Carried: All Yea: ITEM #16: DEPARTMENT REPORTS: As535t. Eng. Freckleton: We did hire another sewer inspector so that should help start relieving some of the backlog. Kingsford: Mr. Brown the City Clerk has advised me that you have a request for us to review an administrative permit building issue. Bob Brown, B 8 B Electric: No. You have changed the procedure for obtaining Electrical Permits, it sure makes it a lot easier and it's for the better. The problem I have now is your time limit, I guess I need a clarification on it. You call for seven • MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE 19 calendar days, most businesses run on working days. The IRS, the State of Idaho, I believe probably the City of Meridian's taxes ~go by post mark. I took a permit out on the 16th, paid it the 22nd, I received a double fee for X80.00 because they didn't receive it until the 24th. My contention is that that's pretty steep for one day. Forrey: The Ordinance does specify seven t7) calendar days so when in doubt the ladies at the front desk strictly go by the Ordinance that's the only choice they have. Mr. Brown and about three others recently have gotten a double fee. My advise to those girls was to follow the Ordinance. Tolsma: How about post marked? Forrey: That might take a change in the Ordinance to clarify. Kingsford: I don't think you can necessarily count on the mail. I would suggest within those seven calendar days that you drop a check by you know it's here then. Our Ordinance states seven days and I think it's reasonably that you pay them in seven days. Corrie: I agree with the Mayor, we've given you the books and seven days you ought to be able to get it in here. Brown: That's what I'm asking is for a clarification. If that's what it is then that's fine. Thank you. Kingsford: Thank you. Lisa Clegg: Basically what I want to talk with you about, I meant with Wayne and Bob Corrie today and in the first week of May you guys reinstated a preliminary plat on Cherry Lane at the Golf Course. In the minutes it stated that to get our preliminary plat approved we had to change the following - the current development standards being included and arranging for parking spaces 250-300, a maintenance building and deeding the ground and all fairways to the City. The problem that we're coming up against is that to arrange for the parking I have to have cooperation of our parcel, which is Kent Harney's piece and work with David Turnbull who is in contract to purchase the Fuller property and the Thomas property and he's only at a point where he has gat his boundary surveys done. We on our project are trying to submit for our final plat and we have not got it worked out to site plan for the parking and the club house based MERIDIAN C I TY COURlC L L JULY 6, 1993 RAGE ~G on we have a lot of people to get coordinated. We wanted to see if we could get an approval on a portion of the plat, on the east side of the property which would not at all be down by where the golf course is. We would still have the restriction that we had to work out the golf course section. I'd like to submit our plat and get a final approval down here, which would still leave the condition that we work out and arranged parking down at this end. We would like to be able to start construction this fall on this section and be able to build houses. We're in a position that if we can't get that done we can't build or start on anything until the spring time based on the weather conditions. Cowie: In our meeting with Lisa we suggested that she get a letter from Mr. Turnbull and also from Mr. Thomas stating that they will do exactly what they said in this other plan that we could go ahead and approve the preliminary with that final in that one corner. We felt that that would be a proper arrangement. They all agreed to that. Kingsford: Well additionally I think we stipulated Lisa that you would go ahead and deed those three fairways to us at this .j unction. Clegg: That's no problem. Crookston: It seems appropriate to me to have a deed restriction. Kingsford: We could do that in final plat of that. Crookston: Well the deed restriction would be done now. Do we know, do we have a legal description as to where that is going to be? Kingsford: That's an issue, logically the parking at least should, necessarily be on their property. They have an agreement with the other owner. What we're doing by this is to set aside a parcel of land that will satisfy our requirement should something else go wrong an the other party. Crookston: I think it would be wise then to at least have an agreement to that affect. Kingsford: Do you have any problem with that? MERIDIAN CITY COUNCIL .JULY 6, 1993 PAGE ~1 Clegg: The only problem is that if I put in writing that we agree to deed off two, three acres whatever it's going to be - Kingsford: That wouldn't necessarily be the agreement. It would state that you would agree to provide parking. Clegg: I don't have a problem with that. Kingsfard: Let's be getting that drawn up then and submit it with that plat in July. Thank you. Clerk Forrey: We started our development fee co®mittee today and it went real well. I believe we're off to a good start. We did present to the committee today a first cut on our actual cost of processing certain types of development requests and then we also compared that to what we're charging. The committee felt that it was necessary to adjust that to the current cost of doing business in the City so we'll be focusing on that plus public safety and recreation services. The Comprehensive Plan Update is on schedule. I had meetings today with Nampa Meridian Irrigation District, they initially indicated that they would not allow the City to designate Ten Mile Creek, Five Mile Creek, South Slough, Jackson Stub Drain as future bike paths. At the end of the meeting they did agree that we could designate drains and I hope we can all decide and define what a drain is because they have no problem with a bike path along a drain but they do have a problem along a lateral. We can work with them on that basis. I then met with the Cit~j of Nampa because Nampa has hammered out an agreement with the Irrigation District on a premier bike path in Nampa. Explained further - see tape) Should have a draft Comprehensive Plan to Council by a week from today. I'd like to release it to the pubic on the 6th of July and have already scheduled a public hearing with the Planning and Zoning Com®ission for August 10 to look at three things, the draft comprehensive plan update, the proposed development fee revisions and revisions to the coning and subdivision ordinance. I appreciate your comments that you've all given me. I'm really behind in the status of the budget. ,I've only received two so far. 1ingsford: We've really got to have those in. • • h1ER I D I Ahl C I TY C®UhlC I L JULY 6, 1993 PAGE ~~ Forney: We are also going to install a recycling ban here at City Hall. Presented contract far remodel of police station. In this contract it includes the two addendum items. The total contract amount is ~157,392.0G, it's awaiting the Mayor's signature. There will be a meeting to®orrow at 2:G~ for pre- construction. They are ready to start construction on July 12th. Kingsford: The Council approved of the^ as the low bidder, they didn't necessarily approve of the two alternates. You need to decide on that and authorise the Mayor and Clerk to sign the documents. Giesler: As you see here, we have the windows next. to the door for additional lighting and that is one of them we wanted to put those in next to the doors. Then there was a wall that would be added to one side of the building so that it would actually square up the one wall on the roof lines and so that when they did the stucco on the roof that it would square up the roof line. It was an addition of a little over S7,Q10~f.®0. Tolsma: These windows, if we're putting doors right there are also going to have blinds so the windows will be closed so the light won't come in. Chief Gordon: For privacy, yes sir. Kingsford: I want you to concur if your approving those two alternates and I need for you to authorise myself and the City Clerk to sign the documents. The Motion was made by Corrie and seconded by Yerrington to approve of the two alternates and authorise the City Clerk and Mayor to sign the contracts, the a®ount total is ~157,392.HIQ1. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: .All Yea: Kingsford: I also would advise you of the interview scheduled for tomorrow for the City Clerk and I would encourage you to attend. • • MERIDIAN CITY COUNCIL .JULY 6, 1993 PAGE 23 Yerrington: I have a letter from Bruce about this charge at our last meeting of ~1395.dd0 on the sewer work at 818 W. 15th Street by Gem State Development Center. According to his letter I think we should have a motion to deny this amount requested and inform them by letter of denial. The Motion was made by Yerrington and seconded by Tolsma to deny request from Gem State Development for reimbursement of sewer charges on Pine Street. Motion Carried: All Yea: Corrie: I would like to have the City Clerk draft a letter to ACRD asking them to speed it up a little bit and get some street names up in some of the newer subdivisions. Kingsford: Bruce if you would get with the Highway District on that. Corrie: I would like to give the Counselor this information, this is the Ada County Nuisance Ordinance on weeds. Also I have a list of the exact noxious weeds and what they are and also a Nampa Ordinance addressing this. I would like you to look over it and clean it up and perhaps we can have an Ordinance and it's out of the hands of the Fire Department and puts it into just a regular ordinance phase. I have also been attending the consolidation meetings, with the Ada County Commissioner Roger Simmons, they have requested that BSU do a study on consolidation which includes EMS, police, fire and they just added the police the last time. The BSU study would cost approx i mat el y ~~3, ~1~1~f. G®, they've ask that each one of us ask our Council if they would be willing to fund this study. My personal feeling is that we do not contribute to this fee. The study was already done once. My recommendation world be not to contribute to this fee. The Motion was made by Giesler and seconded by Tolsma to disallow funding for the study at Boise State on consolidation. Motion Carried: A11 Yea: Tolsma: What did we do with APA for this next year? Kingsford: I think it's for #56®Qt.Q1~d-, I think APA and a thousand something for APA which is what we've been paying. • • hiER I D I Af~l C ITY COUNC I L JULY 7, 1993 RAGE .34 Kingsford: I'd urge you to give some serious consideration to this and give me a recommendation at the next meeting so that we do that in the budget. My feeling is that APA is a good sounding board but as tax payers in Meridian, we're also tax payers in Ada County and we're blessed with funding this twice. Giesler: What did we pay them last year? Kingsford: Far the last three or four years we've been paying #100®. 00. Each year they have wanted us to pay more. I think given Gary's workload if one of you could serve along with Ron that would be nice. Corrie: Volunteered to attend Kingsford: I did visit with M going through the same process dDiscussion about contributing The Motion was made by Corrie the meeting at 10:03 P. M. . Motion Carried: All Yea: meetings. ayor Brent Coles today and they are right now with development fees. to YMCA - see tape) and seconded by Tolsma to adjourn (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: RANT R. KINGSFO D, h1A OR ATTEST: lJA REY, C TY CLER elt • • PUBLIC MEETING SIGN-UP SHEET NAME: PHONE NUMBER: ~ZZ ~i3 7 J~ - ___________ __.._ l V~___~___® ______ __~ 88 ~ - ~ o y ~_____ ~____ .. ~ ~ 17 9' • ORDINANCE NO. 602 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND.ZONING CERTAIN REAL QROPERTY .WHICH IS DESCRIBED AS A PORTION OF SECTION 6, TOWNSHIP 3 NORTH, RANGE Y EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: See Exhibit "A"• attached hereto. . ., _ ., NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1: That the above and referenced real property described as: See Exhibit "A" attached hereto. is hereby annexed to th•e City -of Meridian; and! is honed R-40 Residential; that the reason for the R-40•zoning is to allow an apartaent complex to be constructed on the parcel which would have a density of 25 dwelling units per acre and no more than 25 dwelling units per acre be .placed on the property or the land shall be de-annexed; that the property shall be subject to site planning review; 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; that ali ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- annexation if the owner constructs more than 25 dwelling units per acre; the property shall also be subject to de-annexation if the owner does not construct water and sewer line extensions to i serve the property, construct streets to and within the property, or fails to meet the require®ents and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner. Section 3. That the City Clerk shall cause one ti) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada Counter Recorder. Ada County Assessor. and the State Tax r `,~ 1• ., ~i PARCEL I •Coaaaenci>#g a Toraehip 3 N 3 North, 'Rat North 00 den seat goad North 69 degra pia vat of m! REAL 1 Narch e6 degra steel North 63 dogs steel Noreti 66 flegsa steal South 31 degr~ steel South 66 degri steel of Wa; North 00 degr~ Saet~ North B8 degas steel North 00 dagr steel North 68 degr steel oP Wa North 00 Sags Baste SECEPTINO THE TO WITa . _~ ~• .. v.,.r Section 4. EFFECTIVE DATE. There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect frog and after its passage and approve] as required by law. PASSED by the City council and approved by the Mayon of the City of Meridian, Ada County, Idaho, this,l5th day of Jane, 1993. • ~• . ~ ~~ - - ~~ ~ ~ ~ ~ •- ~tAF~PROVED~ , ~ .., a -, NT P. KIN S O D, MAYOR •~ - ATTEST: WA E F . ftEY, C I TY CLER . -- ~; _ the section corner cownon to 9eetions 6 and 7, cab, gangs 1 Bast, and eeetione 1 and 17, Towoehip a, 1. Meet,,, Boise, t4eridian tgenca nee 29'30"~~C, 7141.72 teat CO a point Oa the sn line and oa the cancer line of North Meridian rlaenre s 34.30• Bast, 10..00 teat to a 1/1 inch steal b a plastic tap an eha Easterly Right-ot•Way North Meri8laa goad. said point bei~ the INT OF HEGIDII~tO, thence: g 43.49• Ba9t, 116.11 lent CO 8 1/7 inch Ln slab a plaetia nap, thence e 49'17• Bate, 119.16 lase to a 1/3 inch in ritlt a plastic nap. theme a 46.37. Sate, 389.16 last to a 1/7 inch in rith a plastic cap, thence e 01'37. 6a9e, 414.88 feet to a 1/7 inch in with a plaetia cap, thence e 34•x9• Went, 16S7.SD feet eo a 1/7 laveh 1a slab a piaaeic ~ on said Easterly Bight of North Meridian Goad, chance e 1$•30• West, 177.19 lest along said y Bight of Way of North Meridian goad to a h steel pia with a plastic cap, tisanes e 16'27• Sae[, 136,06 lest aitt- a 1/7 Sash is ritb a plastic cap, thanes e 93'00• Weet 131.03 lest aieh a 1/7 Saeh in ritb a plastic nap, thanes s 43.16• Weat 139.07 teat with a 1/1 iaah in rich a plastic nap oa said Baeeerly Bight of North Meridian Goad. thence e as•3o• Weee, a7.is Ease along eha said y Bight of Way of North Meridian Rued to the TINT OF BBOIIiNA01. FROM TBE FOLLOWING' DE.9C'RIHED REAL pROPBRTr „* J.R. pFOET•9 BOBDIVIEION, aceordiag t0 . • _ North B6 degrees 43.49• East 791.77 leaf to a pp~~anti tdeace Sough 1 degrees 16'11• Eaee 21.00 lest CO a poinei thanes South 66 degrees 49.49• Weef 116.30 lase eo a poSafi t6anee South 0 degrees 93'00• Bast 24.79 Leet to a point; thence North B9 degrees 43'16• West 135.02 lest to a point on the said Baetarly Bight-oP•Way line of Noreb Meridian Bead; chance Worth 0 degrees 29.30• West 41.19 teat oa said Right-ot- Way CO the TRIRi FOINT OP HEOINNING. PARCEL II Casmaeaeing at the eectioa corner eoc®an eo 9ectione 6 and 7 Township 3 North, Range 1 Beet, and Eeatiom L sad 17, Tornehip 3 Worth, Range 1 Went, Bolas Meridian, theaee• Worth 00 degrees 29.10• We9e, 2141.27 lest Co A point oa the station line and on the cancer Sim of NOreh Meridian Read, thence North 69 degrees 34'30° Beet, 30.00 lest to a 1/2 inch steel pin with a plaetia tap as eha eaeeerly (tight-ol-Way of said Worth Meridian Road, thence, tooth 00 degzeee 19'30• Besot, 47.19 test along said Baeeerly Right-ot-Way of Worth Meridian Read lest to 1/7 inch easel pin with a plastic tap, said point being the REAL POINT OF EEGIDIl~lIDlO, theaee, South B9 degrees 43.16• base, 139.07 teat to a i/7 inch eceel pia rich a plaetia cap, thence South 00 degrees 93'00• Ease, 131.03 Leee to a 1/7 inch eceel pia with a plaetia cap, eheaae South 89 degrees 16'77• We9t, 136.06 teat Co a 1/7 lath steel pin rith a plaetia ea as eha said Easterly gight•ot-Way o! Worth Meridian Roafl, thence, Noreb 00 degrees 29'30• Weat, 134.00 last algag said Baeterly Bight-ot•Way o! Noreb Maridiae Read to the REAL @OIItT OP BEGINNING. . PARCEL I '. ~ Commencing at th~section corner common to~ctions 6 and 7, Township 3 North, Range 1 East, and Sections 1 and 12, Township 3 North, Range 1 West, Boise Meridian thence North 00 degrees 25'30" West, 2141.22 feet to a point on the section line and on the center line of North Meridian Road , thence North 89 degrees 34'30" Eaet, 30.00 feet to a 1/2 inch steel pin with a plastic cap on the Easterly Right-of-Way of said North Meridian Road, said point being the REAL POINT OF BEGINNING, thence; North 88 degrees 43'49" East, 328.22 feet to a 1/2 inch steel pin with a plastic cap, thence North 83 degrees 49'27" East, 129.18 feet to a 1/2 inch steel pin with a plastic cap, thence North 88' degrees 48'37" East, 389.26 feet to a 1/2 inch steel pin with a plastic cap, thence South 31 degrees 03'37" East, 414.88 feet to a 1/2 inch steel pin with a plastic cap, thence South 88 degrees 34'59" West, 1057.50 feet to a 1/2 inch steel pin with a plastic cap on said Easterly Right of Way of North Meridian Road, thence North 00 degrees 25'30" West, 177.15 feet along said Easterly Right of Way of North Meridian Road to a 1/2 inch steel pin with a plastic cap, thence North 89 degrees 26'27" East, 136.06 feet with a 1/2 inch steel pin with a plastic cap, thence North 00 degrees 53'00" West 131.03 feet with a 1/2 inch steel pin with a plastic cap, thence North 89 degrees 43'16" West 135.02 feet with a 1/2 inch steel pin with a plastic cap on said Easterly Right of Way of North Meridian Road, thence North 00 degrees 25'30" West, 42.15 feet along the said Easterly Right of Way of North Meridian~R~ad to the REAL POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL PROPERTY TO WIT: A part of Lot 3 of J.E. PFOST'S SUBDIVISION, according to the Plat thereof filed in Book 4 of Plats at Page 147, records of Ada County, Idaho, and more particularly described as follows: Commencing at the section corner common to Sections 6 and 7, Township 3 North, Range 1 East, and Section 1 and 12, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, thence North 0 degrees 25'30" West 2141.22 feet to a point on the section line and on the centerline of North Meridian Road; thence North 89 degrees 34'30" East 30.00 feet to a 1/2 inch diameter steel pin with a plastic cap on the Easterly Right-of-Way line of said North Meridian Road, said point being the TRUE POINT OF BEGINNING; thence EXHIBIT "A" ','~°~ North 88 degrees~'49" East 252.72 feet t~ point; thence . ,~~outh 1 degrees 1~'ll" East 21.00 feet to a point; thence .~ South 88 degrees 43'49" West 118.20 feet to a point; thence South 0 degrees 53'00" East 24.79 feet to a point; thence North 89 degrees 43'16" West 135.02 feet to a point on the said Easterly Right-of-Way line of North Meridian Road; thence North 0 degrees 25'30" West 42.15 feet on said Right-of- Way to the TRUE POINT OF BEGINNING. PARCEL II Commencing at the section corner common to Sections 6 and 7 Township 3 North, Range 1 East, and Sections 1, and 12, Township 3 North, Range 1 West, Boise Meridian, thence North 00 degrees 25'30" West, 2141.22 feet to a point on the section line and on the center line of North Meridian Road, thence North 89 degrees 34'30" East, 30.00 feet to a 1/2 inch steel pin with a plastic cap on the Easterly Right-of-Way of said North Meridian Road, thence, South 00 degrees 25'30" East, 42.15 feet along said Easterly Right-of-Way of North Meridian Road feet to 1/2 inch steel pin with a plastic cap, said point being the REAL POINT OF BEGINNING, . thence, South 89 degrees 43'16" East, 135.02 feet to a 1/2 inch steel pin with a plastic cap, thence South 00 degrees 53'00" East, 131.03 feet to a 1/2 inch steel pin with a plastic cap, thence South 89 degrees 26'27" West, 136.06 feet to a 1/2 inch steel pin with a plastic cap on the said Easterly Right-of-Way of North Meridian Road, thence, North 00 degrees 25'30" West, 135.00 feet along said Easterly Right-of-Way of North Meridian Road to the REAL POINT OF BEGINNING. EXHTBTT "A" . , ~,` • DEED RESTRICTION • FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the below signed Grantor, MARIANN HIMERICH, owner of the land described in Exhibit "A", which is attached hereto and incorporated herein as if set forth in full herein, Bargain and Convey unto the CITY OF MERIDIAN and to all subsequent owners of the above described parcel of property, this declaration, acknowledgement and deed restriction. It is agreed that the property above described was annexed and zoned by the City of Meridian as R-40 Residential, which zone allows forty (40) dwelling units per acre, but during the annexation hearings it was represented to the City of Meridian that there would be a density of no greater than twenty-five (25) dwellings units per acre. It is further agreed that the City of Meridian annexed and zoned this property as R-40 based on the representation that a density of twenty-five (25) dwellings unit per acre would not be exceeded and the Grantor is willing to place a restriction on the property so that density cannot be exceeded and therefore this DEED RESTRICTION is given to the City and it shall bind the Grantor and the property and shall run with the land and the density of twenty-five (25) dwelling units per acre shall not be exceeded. That Grantor specifically covenant that she is the fee simple titled owners of record of the land described in Exhibit "A" and that she has the full and unrestricted right to grant this restriction. Grantor further covenants that she will, at her sole cost and expense, defend this restriction and take all action I+ . ~ •, ~ ~ , • necessary to prevent the density of the land exceeding twenty-five (25) dwelling units per acre That this restriction shall be a covenant running with the land and shall be binding on the heirs, executors and assigns of the Grantors. DATED This ~,3 day of , 19~('. < < i Mariann Himerich STATE OF IDAHO,) ss. County of Ada, ) 3 On this day of ~ , 1991, before me, the undersigned, a Notary Puc for in and for said State, personally appeared MARIANN HIMERIC , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she 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. ,,oeeeeeense SEAL .°°° ~ ~m~®©~~©®© •, q 0~~ s ~%v ~o ® ,~ .° •~~~~nuene`. N Public r Idaho Residing at: MEQ.1OtA~N . r~l~F1~0 ` PARCEL I " ~ ~^' . Commencing at th~ectiorr corirer conu~ion to~ctions 6 and 7, Township 3 North, Range 1 East, and Sections 1 and 12, Township 3 North, Range 1 West, Boise Meridian thence North 00 degrees 25'30" West, 2141.22 feet to a point on the section line acid on the center line of North Meridian Road , t.l~ence North 89 degrees 34'30" East, 30.00 feet to a 1/2 inch steel pin with a plastic cap on the Easterly Right-of-Way of said North Meridian Road, said point being the REAL POINT OF BEGINNING, thence; North 88 degrees 43'49" East, 328.22 feet to a 1/2 inch steel pin with a plastic cap, thence North 83 degrees 49'27" East, 129.18 feet to a 1/2 inch steel pin with a plastic cap, thence North 88 degrees 48'37" East, 389.26 feet to a 1/2 inch steel pin with a plastic cap, thence South 31 degrees 03'37" East, 414.88 feet to a 1/2 inch steel pin with a plastic cap, thence South 88 degrees 34'59" West, 1057.50 feet to a 1/2 fnch steel- pin with a plastic cap on said Easterly Right of Way of North Meridian Road, thence North 00 degrees 25'30" West, 177.15 feet along said Easterly Right of Way of North Meridian Road to a 1/2 inch steel pin with a plastic cap, thence North 89 degrees 26'27" East, 136.06 feet with a 1/2 inch steel pin with a plastic cap, thence North 00 degrees 53'00" West 131.03 feet with a 1/2 inch steel pin with a plastic cap, thence North 89 degrees 43'16" West 135.02 feet with a 1/2 inch steel pin with a plastic cap on said Easterly Right of Way of North Meridian Road, thence North 00 degrees 25'30" West, 42.15 feet along the said Easterly Right of Way of North Meridian~Ruad to the REI~L POINT OF BEGINNING . EXCEPTING 'THEREFROM THE FOLLOWING DESCRIBED REAL PROPERTY TO WIT: A part of Lot 3 of J.E. PFOST'S SUBDIVISION, according tv the Plat thereof filed in Book 4 of Plats at Page 147, records of Ada County, Idaho, and more particularly describeci ae follows: Commencing at the section corner common to Sections 6 and 7, Township 3 North, Range 1 East, and Section 1 and 12, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, thence North 0 degrees 25'30" West 2141.22 feet to a point on the section line and on the centerline of North Meridian Road; thence North 89 degrees 34'30" East 30.00 feet to a 1/2 inch diameter steel pin with a plastic cap on the Easterly Right-of-Way line of said North Meridian Road, said point Y~eing tyre TRUE POINT OF BEGINNING; thence EXHIBIT "A" •' North 88 ciegreee 49" East: 252..'12 feet l.a point; thence '' ~ South 1 degrees 111" East 21.00 feet to a~oi.nt; thence •~Sbuth 88 degrees 43'49" West 1].8.20 feet to a point; thence South 0 degrees 53'00" East 24.79 feet to a point; thence North 89 degrees 43'16" West 135.02 feet to a point on the said Easterly Right-of-Way line of North Meridian Road; thence North 0 degrees 25'30" West 42.15 feet on said Right-of- Way to the TRUE POINT' OF BEGINNING. PARCEL II !~. Commencing at the section corner common to Sections 6 and 7 Township 3 North, Range 1 East, and Sections 1, and 12, Township 3 North, Range 1 West, Boise Meridian, thence North 00 degrees 25'30" West, 2141.22 feet to a point on the section line and on the center line of North Meridian Road, thence North 89 degrees 34'30" East, 30.00 feet to a 1/2 inch steel pin with a plastic cap on the Easterly Right-of-Way of said North Meridian Road, thence, South 00 degrees 25'30" East, 42.15 feet along said Easterly Right-of-Way of North Meridian Road feet to 1/2 inch steel piri with a plastic cap, sa1.d point being the REAL POINT OF BEGINNING, thence, South 89 degrees 43'1,6" East, 135.02 feet to a 1/2 inch steel pin with a plastic cap, thence South 00 degrees 53'00" East, 131.03 feet to a 1/2 inch steel pin with a plastic cap, thence South 89 degrees 26'27" West, 136.06 feet to a 1/2 inch steel pin with a plastic cap on the said Easterly Right-of-Way of North Meridian Road, thence, North 00 degrees 25'30" West, 135.00 feet along said Ear°terly Right-of-Way of North Meridian Road to the REAL POINT OF BEGINNING. EXHIBIT "A" TI I! ;-~;-1'~S3 1 c ~ :~~1 FROM STEWART T I TLE MA I hJ TO 88839b9 ~ nP . ©~ ~ ~ C~ ' • • •ORDER NO. 920374~W/PC ~ \~`~ ~~ EXS~IBIT "A" ~~ Z PARCEL I ~/~' Co~tunencing at the section corner common to Sections 6 and 7, Township 3 North, Range 1 East, and Sections ~. and 12, Township 3 North, Range 1 West, Boise Meridian thence North 00 degrees 25'30" West, 2141.22 feet to a point on the sect~.on line and on the center line of North Meridian Road, thence North 89 degrees 34'30" East, 30.00 fe®t to a i/2 inch steel pin with a plastic cap on the Easterly Right-of-way of said North Meridian Road, said point being the REAL POINT OF BEGINNxNG, thence; North 88 degrees 43'4,9" East, 328.22 feet to a 1/2 inch steel pin with a plastic cap, thence North 83 degrees 49'27' East, 129.3.8 feet to a 1/2 inch steel pin with a plastic cap, thence North 88 degrees 48'37" East, 389.26 feet to a 1/2 inch steel pin with a plastic cap, thence South 31 degrees 03'37" East, 414.88 feet t0 a 1/2 inch steel pin with a plastic cap, thence South 88 degrees 34'59" West, 1057.50 feet to a 1/2 inch steel pin with a plastic cap on said Easterly Right of way of North Meridian Road, thence North 00 degrees 25'30TM west, 177.15 feet along said Easterly Right of Way of North Meridian Road ~o a 1/2 inch steel pin with a plastic cap, thence North 39 degrees 26'27" East, 136.06 feet with a 1/2 inch steel pin with a plastic cap, thence North 00 degrees S3'00" West 131.03 feet with a 1/2 inch steel pin with a plastic cap, thence North 89 degrees 43'16" west 135.02 feet with a 1/2 inch steel pin with a plastic cap on said Easterly Right of way of North Meridian Road, thence North 00 degrees 25'30" west, 42.15 feet along the said Easterly Right of way of North Meridian Road to the REAL POINT OF SEGINNI~TG. EXCEPTING THEREFRpM THE FOLLOWING DBSCRIHED REAL PRQPERTY TO WIT: A part of Lot 3 of J.E. PFOST'8 3VHDTVISION, according to the Plat thereof filed in Book 4 of Plats at Page 147, records of Ada County, Idaho, and mare particularly described as follows: Gomntea~cing at the section corner common to Sect~.ons 6 and 7, Township 3 North, Range 1 East, and Section 1 and 12, Township 3 North, Range 1 west, poise-Meridian, Ada County, Idaho, thence North 0 degrees 25'30" west 219,1.22 feet to a point on the section line and on the centerline of North JUhI-:?~ 199 1~ ~ ~ FROM STEt~IART T I TLE MA I N TO 288x969 ~~ ~ ~ • • . s' r Continuation of Exhibit A Order No. ST-92037425 PW/PC Meridian North 89 degrees diameter Easterly Road, sa; thence Road; thence 34'30" East 30.00 feet to a 1/2 inch steel pin with a plastic cap on the Right-of-way line of said North Meridian id point being the TRUE POINT OF BEGINNING; North 88 degrees 43'49" East 252.72 feet to a point; thence South i degrees 16'11" East 21.00 feet to a point; thence South 8P degrees 43'49" West 118.20 feet to a point; thence South 0 degrees 53'00" East 24.79 feet to a pointy thence North 99 degrees 43'16" West 135.02 feet to a point Ori the said Easterly Right-of-Way line of North Meridian Road; thence North 0 degrees 2S'30" West 42.15 feet on ,said Right-of- Way to the TRUE POINT OF BEGINNING. FARCEL II Commencing at the section corner common to Sections 6 and 7 Township 3 North, Range i East, and Sections 1 and 12, Township 3 North, Range 1 West, Boise Meridian, thence North 00 degrees 25'30° West, 2141.22 feet to a point on the section line and on the center line of North Meridian Road, thence North 89 degrees 34'30" East, 30.00 feet to a 1/2 inch steel pin with a plast~.e eap on the Easterly Right-of-Way of said North Meridian Road, thence, South 00 degrees 25'30" East, 42.18 feet along said Easterly Right-of-Way of North Meridian Raad, said point being the REAR, POINT OF BEGINNING, thence, South 89 degrees 43'16" East, 135.02 feet to a 1/2 inch steel pin with a plastic Gap, thence South 00 degrees 53'00" East, 131.03 feet to a 1/2 inch steel pin with a plastic cap, thence South $9 degrees 26'27" west, 136.06 feet to a 1/2 inch steel pin w~.th a plastic cap an the said Eaater],y Right-of-Way of North Meridian Road, thence, North 00 degrees 2S'30" west, ].35.00 feet along Said Easterly Right-of-Way of North Meridian Road to the REAL P02NT OF BEGINNING. P.03 CJ ORDINANCE NO. 607 • 195 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF C.ERTAI~N REAL PROPERTY IN THE CITY OF MERIDIAN~WHICH IS GENERALLY DESCRIBED AS A PORTION OF. R~HE NORTHEAST ..QUARTER OF SECTION ,12, TOWNSHIP 3 NORTH, RANGE 1 WESTy BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE,. ..:., . WHEREAS, the City Council .and .the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City.to amend and change the zoning from R-4 Residential to R- 8 Residenti•al., for the following described parcel: A parcel of ground located on the Northeast quarter of Section 12, Township 3 North, Range i.West, Boise Meridian, City of Meridian., Ada County,, ,Idaho, and is more particularly described as follows: . Commencing at the quarter corner common to Section 1 aBd 12, T.3N., R.iW., thence South 89°51'00" East along the North boundary of .said Section 12 and along the centerline of Cherry Lane .534.30 feet to a point; thence. South 0°02'00" West departing the North boundary of said Section 12 and the centerline of Cherry Lane 48.40 feet to a point; thence South 29°04'30" East 161.60 feet to a point; thence south 47°39'00" East 157.16 feet to a point, said point being the POINT OF BEGINNING. Thence cont~nufng S•outh..47°39'00" East 110..84 feet to a point; thence South 89°51'00" East 39..40 feet to a point; thence South 0°02'00" West 788.18 feet to a point; thence North 89°42'00" West 157.50 feet to a point; thence South 0°02'00'! West 70.00 feet to•a point; thence North 89°42'00" West 298.•OS•feet,to a.point; thence North 18°04'27" West 980.62 feet to a point; thence South 89°51'00" East 639.00 feet to a point, said point being the POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows:. Commencing at the quarter corner common to Section 1 and 12, T.3N., R.iW., thence South 89°51'00" East along the North boundary of said section 12 and along the centerline of Cherry Lane 534.30 feet to a point; thence South 0°21'00" West departing the North boundary of said Section 12 and the centerline of Cherry Lane 48.40 feet to a point; thence South 29°04'03" East 161.60 feet to a point; thence South 47°39'00" 196 • • thence continuing South 47°39'00" East 110.84 feet to a point; thence South 89°51'00" East 39.40 feet to a point; thence South•0°02'00"' West 788.18 feet to a point; thence North 89°42'00" West 157.50 feet to a point; 'thence South 0°02'00" West 70.00 feet to a point; thence North 89°42'00" West 298.08 feet to a point; thence North 18°04'27" West 980.62 feet to a point; thence South 89°51'00" East 639.00 feet to a point, said point being the POINT OF BEGINNING.' be, and the same is rezan•ed from R-4 Re•s.idential to R-8 Residential, and Section 11-2-425, Official 2oning•Maps is hereby amended to reflect the same. Section 2. That the Findings of Fact and Conclusions of Law adopted by the City council of the rezone application for the land described in Section 1 above include terms and conditions for the rezone of the rezone of the above described property and they shall be met. • 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~Caunty Assessor, and the State Tax Commission within• terl (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 pessage and approval as required by law. PASSED by the City Council and approved by the Mayor of th•e City of Meridian,~Ada County, Idaho, this 3rd day of August, 1993. AFPROVED: ATTEST: G T P. KIN S 0 YOR ORDINANCE NO. b03 • ig~, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DE,SCRIBEp AS A PORTION OF THE SOUTH 1/2 OF THE NORTHEAST i/4 OF THE SOUTHWEST 1/4, SECTION 5, TOWNSHIP 3 NORTH, RANGE LEAST, BOISE-MERIDIAN, ADA -COUNTY; IDAHO; AND PROVIDING AN EFFECTIVE DATE. - WHEREAS, the City, Counci ] and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of th.e City to annex to the said City real property which is hereinbelow described: A parcel of land being situated in a portion of the S 1/2 of the NE i /4 of the SW i /4 of Section 5, T. 3N. , R. 1E. , B. M. , Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW i/4 South 89°38'58" East 1326.59 feet to the Northwest corner of said NE 1/4 of the SW 1/4; thence South ®°2b' S6" West 658.25 feet to the Northwest corner of said S i/2 NE i/4 SW 1/4; thence along the Northerly boundary of 5,aid S 1/2 NE 1/4 SW 1/4 South 89°44'00" East 20.00 feet to the REAL POINT OF BEGINNING; thence continuing along said Northerly boundary .of the S i/2 NE 1/4 SW i/4 South 89°44'00" East 1306.53 feet to the Northeast corner of said S i/2 NE i/4 NW 1/4; . ~~ . ' thence leaving said Northerly boundary of said S 1/2 NE i/4 SW 1/4 along the~Easterly boundary of said SW 1/4 South 00°27'20" West 656.31 feet to the Southeast corner of said S i/2 of the NE i/4..of, the SW 1/4; thence along the Southerly boundary of said S 1/2 of the NE i/4 of the SW.1/.4 North '89°49'01" West 1026.45 to a point; thence parallel to the Westerly boundary line of said S 1/2 NE 1/4 SW•1/4 North 0°26'55" East 145.00 feet to a point; . thence parallel to the Southerly boundary line of said S i/2 NE 1/4 SW i/4 North 89°49'~BIi" West 280.00. feet to a point that lies 20.00 feet Easterly from the Westerly boundary line of. said S 1/2.NW i/4 SW i/4; 18~ 2 • • thence along a line being parallel to and 20 feet Easterly ' of the Westerly boundary of the S i/2 of the NE 1/4 of the ' SW 1/4 North •00°26'55" East 513..25 feet to the point of 'beginning, comprising 18.78 acres, more or less. NOW, TFIEREFORE, BE I•T ORDAINED by the Mayor...and City Counci 1 of the City of Meridian, Ada County, Idak~o: Section 1: That 'the above and referenced real property described as: A parcel of land being situated in• a portion of the S 1/2 of the NE 1 /4 of the SW 1 /4 of Section 5, T. 3N. , R. lE. , B. M. ,. Ada County, Idaho, and ®ore pa'r_ticularl•y described as - follows: . Beginning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW ' i/4 South 89°38'58" East 1326.59 feet to the northwest - corner of .said NE i/4~ of the SW ~1/4; thence South 0°26' S6" West 658.25 feet to the Northwest corner of said S 1/2 NE i/4 SW i/4; thence along the Northerly boundar_y~of said S 1/2 NE 1/4 SW 1/4 South 89°44'00" East 20.00 feet to the REAL POINT OF BEGINNING;' . thence continuing along said Northerly boundary_of the S i/2 NE 1/4 SW i/4 South 89°44'00" East 1306.53 feet to the Northeast corner of said S 1/2 NE i/4 SW i/4; thence leaving said Northerly boundary .of said S 1/2 NE 1/4 SW 1/4 along the Easterly boundary of said SW i/4 South 00°27'20" West 656.32 feet to the Southeast corner of said S 1~/2 of the NE 1/4 of the SW 1/4; ~ - thence along the Southerly boundary of~said S 1/2 of the NE 1/4 of the SW 1/4 North 89°49'01" West 1026.45 to a point; . thence parallel to the Westerly boundary line of said S i/2 NE i/4 SW 1/4 North 0°26'55" East 145.00 feet to a point; • ' thence, parallel to the Southerly boundary line of said S 1/2 NE 1/4 SW i/4 North 8949'01" West 280.00 feet to a point . - that lies 20.00 feet Easterly from the, Westerly boundary - line o'f said S 1/2 NE 114 SW 1/4; thence along a line being parallel to and•20 'feet Easterly of the Westerly boundary of the S 1/2 of the NE 1/4 of the SW 1/4 North 00°26'55" East 513.25 feet to the point of • ` 183 is hereby annexed to the City of Meridian, and shall be zoned R-8 Residential; that the reason for the R-8 zoning is to allow 74 single family dwelling units to be constructed on the parcel which would be a density of 3.94 dwelling units per acre, which would be allowed in ..the R-8 Residential zone; that only single family dwellings shall be built containing at least 1,300 square feet and there shall be no duplexes built; that the annexation and coning is subject to the conditions referenced in the Find•ings• of Fact and Conclusions of Law as adopted by the • M~t~idian Council bn the request for annexation and zoning; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- annexation if the owner shall not plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed with at least 1,300 square feet. The property shall also be subject to de-annexation if the owner allows to be constructed any duplexes, does not' construct orater and sewer line extensions to serve the property, does not construct streets to and within the property, does not meet the requirements and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; if Applicant fails to oeet these conditions the property shall be subject to de- annexation, which conditions subsequent shall run with land and also be personal t.o the owner.• Section 3. That the Ada County Highway District tACHD) has suggested that Dixie Lane be improved to ACRD standards and the City Council suggested that the phase of subdivision development in which Dixie Lane is situated shall not be approved until the Dixie Lane issue is resolved; that the portion of land and development in which•Dixie~Lan.e is located shall be subject to subdivision denial and to de'-annexation unless the Dixie Lane issue is resolved prior to final plat to the satisfaction of the City and ACHD and this resolution shall be a condition of annexation. Section 4. That the City Clerk shall cause one ti) copy of the legal description, and map, which sha•11 plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Co®mission within ten t10) days following the effective date of • this Ordinance. • Section 5. 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. X84 • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, ldaho, this 15th day of June, 1993. ' ~ APPROVED : ' • i ~ A NT P. K GSF D, MAYOR ATTEST: ~. _. WAYNE 'FO REY, CITY CL'ER ' ORDINANCE NO. 604 AN ORDINANCE OF THE C1TY OF MERIDIAN~ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1. EAST, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that' it is in the .best interest of said City to annex to the said City real property which is hereinbelow described: • •A parcel of land lying in a.portign of Government Lot. i of Section 6, Township 3 North, Range i East, ~.M., Ada County, • Idaho, more particularly described as follows: BEGINNING at •t he Section Corner Common to Sections 5 and 6 of Township 3 North, Range 1 East, B. M. ,; and Sections 31 and 32 of Township 4 North,. Range 1 East, B.M., said point being marked by a 1/2" iron pin at the centerline intersection of North Locust Grove Road and West Ustick Road; 1 ~ x: ~ • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 15th day of June, 1993. ATTEST: APPROVED: ~ • .~ NT P. K GSF D, MAYOR WAYNE ~FO REY, CITY CL'ER ORDINANCE NO. 604 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND 20NING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF SECTION 6, TOWNSHIP 3 NORTH, RANGE i EAST, MERID~AN,:ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that' it is in the •best interest of said City to annex to the said City real property which is hereinbelow described: •A parcel of land lying in a.portion of Government Lot i of Section 6, Township 3 North, Range i East, T3, M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Section Corner Co®mon to Sections 5 and 6 of Township 3 North, Range 1 East, B.M., and Sections 31 and 32 of Townshi p 4 Nor. th, Range i East, B. M. , said point being marked by a 1/2" iron pin at the centerline intersection of North Locust Grove Road and West Ustick Road; • • lg~ thence youth 50°49'25" West for a distance of 54.50 feet to ' a 5/e" iron pin; thence • North 57°21'51"~~West for a distance of 24.85 feet to a 5/B" irdn pin; ' thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence South 87°22' 12" West for a distance of 620.10 feet to a 5/B" iron pin; thence North 65°44' 18" West for a distance of 217.05 feet to a 5/8" iron pin; thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet to a point on the West line of Government Lot 1 of said Section 6; •thence North 0°22'17" East along the West line of said Government Lot i~ for •a distance of 912.13 feet to the Northwest corner of said Government Lot i, said point also being on the centerline of West Ustick Road; thence South ~89°46'40" East along the North line of said Government Lot 1 and the centerline of West Ustick Road for a distance of 1,324.76 feet to the POINT OF BEGINNING. AND From the common corner of Sections 5 and 6, Township 3 North, Range 1 East, and Sections 31 and 32,, Township 4 North, Range 1 East, B. M. , a distance of i, 449.00 feet on a bearing of South B9°58.7' West to the PLAOE OF BEGINNING; thence South a distance of 165.00 feet; thence North 89°58.7' East a distance of 129.00 feet to the East Iine of Government Lot 2 of said Section 6; thence South along said East line a distance of 1,124.47 feet tformerly described as i, 111.94 feet) to the Southeast corner of said Govern-ment Lot 2-, thence South 89°21.3' West along the South• line of said • Government Lot-2 a distance of 605.00 feet; thence North a distance of 33.00 feet; thence South 89°21.3' West a distance of 165.00 feet; thence South a distance of 33.00 feet ; 1 ~ 6' • ~ thence South 89°21.3' West along the South line of said Government Lot 2 a distance of 550.00 feet to the Southwest corner of said Government Lot 2; thence.North along the West line of said Government Lot 2 a distance of 675.31 feet formerly described as 649.29 feet); thence South 63°04' East a distance of 206.35 feet; thence North 86°03' thence South 63°38' thence South 36,°24' thence South 55°09' thence North 89°35' thence North 61°08' East a distance East a distance East a distance East a distance East a distance East a distance of of of of of of 1`25.00 feet; ~~40.00 feet; 201.. 00 f eet ; 100.00 feet; 1.6.00 f eet ; 152.00 f eet ; thence North 8@t°..52' East a distance o.f 200.00 feet; thence North a distance of 450. 00 feet ; ~ _. thence South. 89°58.7' West a distance o~ 105.00 feet; . ~• thence North a distance of 452.00 feet. to a point on the North line of said Section 6; thence North 89°58.7' East along said Section line a distance of 144.00 feet to the PLACE OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of. the City of Meridian, Ada Cou~t.y,~ Idaho: Section i. That the above referenced real property described as: A parcel of land lying in.a portion of Government Lot 1 of Section 6, Township 3 North, Range i.East, B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Section .Corner Common to Sections 5 and 6 of Township 3 North, Range 1 East, B.M., and Sections 31 and . 32 of Township 4 North, Range 1 East, 8.,~'I:, said point being marked. ,by a 1/2" iron pin at the centerline intersection of North Locust Grove Road and West Ustick Road; • • 187 thence South ®°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast' corner of that parcel as described in that Warrant y Deed Instrument 'Number 833332 of Ada County Records, said point also being on the South Bank of a canal, commonly galled the South Slough; thence along the Northerly 'line of said Warranty Deed parcel and the South bank of the said channel for the following seven courses; thence South 85°38'09" West for a distance of 65.26 feet to a 5/8" iron pin; thence South 71°08'@19" West for a distance of 123.00 feet to a 5/8" iron pin; thence South 50°49' 25" West ' for a distance of 54.50 feet to a 5/8" 'iron pin; thence North 57°21'5'1" West, for a distance of 24.85 feet to a 5/8" iron pin; thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence South 87°22' 12" West for a distance of 620.10 feet to a 5I8" iron pin; thence North 65°44' 18" hest for a distance of 217.05 feet to a 5/8" iron pin; thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet to a point on the West line of Government Lot i of said Section 6; thence North 0°22'17" East along the West line of said Government Lot i for a distance of 912.13 feet to the Northwest corner of said Government Lot 1, said point also being on the centerline of West Ustick Road; thence South 89°46'40" East along the North line of said Government Lot 1 and the centerline of West Ustick Road for a distance of 1,324.76 feet to the POINT OF BEGINNING. AND From the common corner of Sections 5 and 6, Township 3 North; Range i East, and Sections 31 and 32, Township 4 North, Range 1 East, H. M. , a distance of 1, 449.00 feet on a bearing of South 89°58.7' West to the PLACE OF BEGINNING; 1~~ • • thence South a distance of 165.0® feet; thence North 89°58.7• East a distance o.f 129.00, feet to the East line of Government Lot 2 of said Section 6; thence South along said :East line a distance of 1,124.47 feet (formerly described as 1,111.94 feet) to the Southeast corner of said Government Lot 2; . thence South 89°21.3' West along the South line of said Government Lot 2 a distance of 6®5.00 feet; thence North a distance of 33.0® feet; thence South 89°21.3' West a distance.of. 165.00 feet; thence South a distance of 33.00 feet; thence South 89°21.3' West along• the.,South line of said Government Lot 2 a distance of 550.00 feet to the Southwest corner of said Government Lot 2; -. thence North along the West line of said Government Lot 2 a distance of 675.31 feet (formerly described as 649.29 feet); thence South 63°04' East a distance of 206.35 feet; thence North 86°03' East a distance of 125.00 feet; thence South 63°38' East a distance of 1,40.00 feet; thence South 36°24' East a distance of X01.00 feet; thence South 55°09' East a distance of 100.00 feet; thence North 89°35' East a distance of 186.00 feet; thence North 61°08' East a distance of 152.00.feet; thence North 80°52' East a distance of 200.00 feet; thence North a distance of 450.00 feet; , thence• South $9°58.7' West a distance of, 105.00 feet; thence North a distance of 452.00 feet to a point on the North line of said Section 6; ` . thence North 89°58.7'- along said Section; line a distance of , 144. Q10 feet to the P~.ACE OF BEGINNING. ~ ~ 189 is hereby annexed to the City of Meridian, and shall be zoned R-8 Residential; that the reason for the R-8 zoning is to allow 92 single family dwelling units to be constructed on the parcel which would be a density of 3.33 dwelling units per acre, which " ~ would be allowed in the R-~ Residential zone; that only single family dwellings shall be built containing at least 1350 square feet and no duplexes constructed; tFiat the annexation and zoning is subject to the conditions referenced in the Findings of Fact a.nd Conclusions of Law as adopted by the Meridian Council on the request for annexation and coning; that al l• ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. ' Section 2. That the property shall be subject to de- annexation if the owner shall not plat the property as submitted by Applicant and designate on the plat that only single-family dwellings shall be allowed, the density shall be no greater than 3.33 dwelling units per acre, the house sizes shall be no less than 1301 square feet, no duplexes shall be constructed, construct water, and sewer line extensions to serve the property, • and construct streets to and within the property, meet the requirements and, conditions of the Findings of Fact and Coittlusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to de- annexation, which conditions subsequent shall run with land and also be personal to the owner. Section 3. That the legal description, designate the boundari Ada County Recorder, Commission within ten this Ordinance. the City Clerk shall cause one ti) copy of and map,• which shall p]ainly and clearly es of said property, to be filed with the Ada County Assessor, and the State Tax ti0) days following the effective date of Section 4; EFFECTIVE DATE. There being an emergency, which emergency ishereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 15th day of June, 1993. ADPROVED: • GRANT P. KINGSF R , A OR _ ~ • • 19' • ORDINANCE NO. 6g+6 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY d~HICH IS DESCRIBED AS A PORTION OF THE NE 1/4, SE 1/4, SECTION 11', T. 3 N., R.. 1 W., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECT I'VE DATE.. • WHEREAS,••.the City Council and the Mayor ~of the City of Meridian, Idaho have concluded that it is in •t he best interest of said City to ~h~nex to the said City real property which is hereinbelow described: Part of the NE 1 /4 SE 1 /4, • Sect i on 11, T. 3N. , R. i W. , B. M. , more particularly described as follows: • Beginning at a point•on the i/2 section line of Section li, T. 3N., R. iW. ~ B.M., 686.12 feet westerly from the 1/4 section corner of the east line of Section 11 od said township and range; • Thence westerly on the half section line 222.25 feet; ' -Thence south 978.46 feet to a point on the north right of way line of the Oregon Short Line Railroad; • Thence easterly along said•north right of way line 222.25 feet; • Thence northerly 981.21 feet, more or-Tess, to the point of beginning. • ~ NOW, THEREFORE, BE IT ORDAINED by the Mayor- and~City Council • of the City of•Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: • Part of the NE i/4 SE• 1/4 , Section 11, T. 3N., R iW., B.. M., more particularly described as follow: Beginning at a point on the 1%2 section line of Section 11, T. 3N. , R. iW. , B. M. , 686.12 feet westerly from the 1/4 section corner of the east line of Section li of said township and range; Thence westerly on the half section line 222.25 feet; Thence south 978.46 feet to a point on the north right of X94 • Thence easterly along said north right of way line 222.25 feet; Thence northerly 981.21 feet, more or less, to the point of beginning. _ ~ - is hereby annexed to the•City of. Meridian, and is zoned R-8 Residential; that the reason for,the R-6: zoning is to allow 23~ - sing.le family dwelling units for manufactured homes on the parcel) which wou l d be an approximate • dens i t y • o f 4.87 dwelling unit s per acre, which would be allowed in •th•e R•-$ Residential zone; that the property shall be. subject• to resign review; that the. annexation and coning 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; that the manufactures houses shall be at least 135® square feet in size as agreed to; that all ditches, canals and waterways shall be tiled including those that-are property boundaries or only partially located on the property. , Section 2. That the property shall. be subject to de- annexation if the owner shall not plat the property as submitted by Applicant and designate on the plat that. only single-family dwellings shall be allowed, construct water and sewer line extensions to serve' the•property, and construct streets to and within the property,• meet the •requirements and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; allow only houses of at least 135H~ square feet; if Applicant fails to meet these conditions the property shall be subject to' de-annexation, which conditions subsequent shall run with land and also be personal to the owner. Section 3. That the City Clerk shall cause one t1) copy of the legal description, and map,• which shall plainly and clearly d•esig.nate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten X18) days•following the effective date bf 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 bylaw. . . ~ PASSED•by the City Council and approved .by the Mayor of the City of Meridian., Ada County, Idaho, this 1.5th day of June, 1993. APPROVED: