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HomeMy WebLinkAbout1994 12-20 MERIDIAN CITY COUNCIL AGENDA TUESDAY, DECEMBER 20, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD DECEMBER 6, 1994: (APPROVED) 1. TABLED DECEMBER 6, 1994: DEVELOPMENT AGREEMENT FOR TUTHILL ESTATES N0.2 SUBDMSION: (TABLED UNTIL JANUARY 3, 1995) 2. TABLED DECEMBER 6,1994: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDMSION NO. S: (TABLED UNTIL JANUARY 3,1995) 3. TABLED DECEMBER 6, 1994: FINAL PLAT FOR HARTFORD SUBDMSION 66 LOTS BY VIJYA LAXMI, INC.: (APPROVED WITH CONDITIONS) 4. TABLED DECEMBER 6, 1994: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER (TABLED UNTIL JUNE 20,1995) 5. TABLED DECEMBER 6, 1994: VARIANCE REQUEST BY JRN LLC: (TABLED UNTIL RENOTICED) 6. TABLED DECEMBER 15, 1994: CONDITIONAL USE PERMIT FOR ASHFORD GREENS SUBDNISION BY BRIGHTON CORPORATION: (APPROVE ORDINANCE #866; APPROVE AGREEMENT MOTION; APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW; APPROVE PRELIMINARY PLAT) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY JOSEPH AND MARY DAROSA: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY LAYNE INDUSTRIAL PARK: (APPROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW; VARIANCE DENIED WITH OPTIONS) 9. AMENDED ORDINANCE X02 - HIMERICH/DORADO: (APPROVED) • • 10. AMENDED ORDINANCE #644 - SCISCOE REZONE: (APPROVED) 11. AMENDED ORDINANCE #~17 - ENGLEWOOD SUBDMSION: (APPROVED) 12, ORDINANCE#680 -IRRIGATION DITCH ABANDONMENT: (APPROVED) 13. ORDINANCE#681 -VAN AUKER ANNEXATION: (APPROVED) ORDINANCE #685 -VAN AUKER ANNEXATION: (APPROVED) ORDINANCE #/686 -VAN aUKER ANNEXATION: (APPROVED) 14. ORDINANCE X82 -RAVEN HILL SUBDMSION: (APPROVED) 15. PRELIMINARY PLAT FOR RAVEN HILL SUBDMSION BY ALLAN CHANDLER TABLED AT DECEMBER 6, 1994 MEETING: (APPROVED WITH CONDITIONS) 16. ORDINANCE#683 - LA PLAYA ANNEXATION (BRANDON CREEK): (APPROVED) 17. PRELIMINARY PLAT FOR LA PLAYA SUBDIVISION (BRANDON CREEK) BY PIONEER INVESTMENTS: (APPROVED WITH CONDITIONS) 18. CONDITIONAL USE PERMIT FOR LA PLAYA SUBDMSION (BRANDON CREEK) BY PIONEER INVESTMENTS: (APROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW; APPROVED WITH CONDITIONS) 19. FINAL PLAT: LAYNE INDUSTRIAL PARK, 18 LOTS BY LAYNE OF IDAHO: (APPROVED WITH CONDITIONS) 20. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR THE LANDING SUBDNISION N0.7 BY SKYLINE DEVELOPMENT: (TABLED UNTIL JANUARY 3,1995) 21. APPEAL BY STEINER DEVELOPMENT ON THE FINAL PLAT FOR THE LAKE AT CHERRY LANE N0.3: (GRANT APPEAL; RESUBMIT FINAL PLAT; CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 22. ORDINANCE #684 - BEERMtiNE/LIQUOR LICENSES: (APPROVED) 23. BEER/WINE/LIQUOR LICENSE RENEWAL FOR 1995: (APPROVED) 24. PROCLAMATION -PHONE BOOK RECYCLING AWARENESS: • • 25. DEVELOPMENT AGREEMENT FOR SUMMERFIELD NO. 1 ~ 2: (TABLED UNTIL JANUARY 3, 1995) 26. DEVELOPMENT AGREEMENT FOR SUMERFIELD N0.3: (TABLED UNTIL JANUARY 3, 1995) 27. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. CONCEPTUAL PLAN FOR FIVE MILE PATHWAY: (APPROVED) 2. ENGINEERING AGREEMENT FOR WATER LINE CHERRY LANE ROAD: (APPROVED) C. WALT MORROW 1. RECYCLING PROGRAM: (DISCONTINUED WHEN THE PUBLIC IS NOTIFIED) D. MAYOR KINGSFORD 1. CREDIT CARDS: (APPROVED) ~ • MERIDIAN CITY COUNCIL DECEMBER 20, 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Currie, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Chief Gordon, Mike Wardle, Tami Shoemaker, Ralph Shoemaker, Jamison Shoemaker, Doug Campbell, Kent Barney, Tucker Johnson, Steve Bradbury: MINUTES OF PREVIOUS MEETING HELD DECEMBER 6, 1994: Kingsford: Council members you have had the minutes of the December 6th Council meeting are there any corrections, additions or deletions to those minutes. Yerrington: Mr. Mayor I move for their approval. Currie: Second Kingsford: Moved by Max, second by Bob to approve the December 6th minutes, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED DECEMBER 6, 1994: DEVELOPMENT AGREEMENT FOR TUTHILL ESTATES NO.2 SUBDIVISION: Kingsford: We received a letter asking that be tabled again, is that correct Shari? {Inaudible) Kingsford: Did they ask for a date certain or just to the next meeting? (Inaudible) Kingsford: Is there a motion to table? Morrow. So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the Tuthill Estates development agreement until the first meeting in January, all those in favor? Opposed? Meridian City Council December 20, 1994 Page 2 MOTION CARRIED: All Yea ITEM #2: TABLED DECEMBER 6, 1994: WATERBURY PARK SUBDIVISION NO. S: • DEVELOPMENT AGREEMENT FdR Kingsford: It is my understanding Shari that one was a table as well. Stiles: Yes, I believe it was included in the same letter. Yerrington: Mr. Mayor I make a motion that we table the development agreement for Waterbury Park Subdivision No. 5 to the first meeting in January. Tolsma: Second Kingsford: Moved by Max, second by Ron to table the development agreement for Waterbury Park Subdivision No. 5 to the first meeting in January, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED DECEMBER 6, 1994: FINAL PLAT FOR HARTFORD SUBDIVISION, 66 LOTS BY VlJYA LAXMI, INC.: Kingsford: Questions of the staff on that, you received a resubmittal of their plat after turning down their variance, questions for staff or the engineer? Morrow: Mr. Mayor, this is for either Gary or Shari, does the plat as it has been resubmitted comply now with all the necessary City ordinances? Stiles: Yes the plat complies with aH of mine. 1 would ask that you condition this approval on the development agreement being executed prior to signature. Morrow: Gary you are satisfied? (Inaudible) Kingsford: Any other questions of staff? Is Council prepared to take action on Hartford Subdivision? Morrow. Mr. Mayor I would move that we approve of Hartford Subdivision subject to staff conditions and a development agreement being executed on Meridian City Council December 20, 1994 Page 3 Kingsford: I think we have that do we not, the development agreement on that one? Stiles: We have not, this is one that v-re waited until the final plat. Ingsford: This now is the final plat and they haven't. Merkle: Mr. Mayor, this is the one that we went through and upon annexation on when to submit the development agreement for review. In Shari's condition on the final plat it says subject to approval on the development agreement being approved and executed prior to signing the final plat. So when t read that I didn't resubmit on yet but it is very simple. Kingsford: Final plat won't be signed until that (inaudible) Morrow. In essence that is what I am trying to get the motion to. Would you like to restate the motion? Kingsford: I think t've got it, is there a second? Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the final plat for HartFord Subdivision conditioned upon the agreement of staff and an agreeable development agreement from the Council being approved, all those in favor? Opposed? MOTION CARRIED; All Yea ITEM #4: TABLED DECEMBER 6, 1994: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: Does the Council have questions or comments about that? Morrow: Mr. Mayor, we are dealing here with (Inaudible) Morrow. There seems fo be some question as to the status of the Conditional Use Permit for the restaurant portion, has that status been cleared up? Kingsford: 1 think it has been resolved to the, I think each member of the Council discussed that as far as 1 knew is was resolved. Any difference in agreement in that Council members? Meridian City Council December 20, 1994 Page 4 • Morrow. Having that clarified I would move that we adopt the findings of fact and conclusions of iaw dated December 20, 1994. Yerrington: Second Ingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Mr. Morrow would you read that decision please? Morrow The decision would be based on the above findings of fact and conclusions of law. It is decided the application for a variance 11-2-414 off street parking is denied but the applicant shall have 6 months to install, construct and pave the required parking as stated in these findings of fact and conclusions of law. Kingsford: Any question about that Shoemakers? (Inaudible) Shoemakers: We have 6 months to come up with parking that we don't have? Fngsford: To meet an adequate parking to meet our ordinance. Shoemakers: And your ordinances are for (inaudible) Kingsford: That is something I understand Shari you are going to measure and declare what those are, am I correct? Stiles: Yes Kingsford: So you will be working with staff then during that time. We did receive and 1 don't know whether you got this Jamison, just today from ACRD. Shoemaker: Yes, he was there (inaudible). (Inaudible) • • Meridian City Council December 20, 1994 Page 5 Shoemaker: You were going to work up something different on the Carlton side so t wanted tha# information available to you that is why we haven't been able to do anything is because we haven't been able to develop anything that allowed a tum around in that area. So t wanted that information available. Kingsford: I think what the Council is looking at perhaps and I don't necessarily want to speak for them, they can correct me if I am wrong, but was that during that time perhaps the garage might be removed and possibly a tum around of some fashion be designed that would accommodate the parking. Shoemaker: That is the reason for the letter. There is not enough room. I have looked at all the requirements and stuff, it is just not there, I assume you are talking 3 spaces. Kingsford: That is something that will have to be determined. Shoemaker: Even one space if you want to do a tum around, you come in at a 45 there isn't anywhere to tum around. The only place is to get rid of this parking spot and back into here and exit. And if you know ow you can convince people #o do that or how you are going to put signs and arrows to pull in this way and back out into this spot and then out, I'd be glad to hear it. I have been working really hard to try and figure out something with this space available. With that letter and stuff I am just letting you know I have reached a dead end. If there is any input I am more than welcome to listen to it. By the time you have your fence and your 4 foot of landscaping and then your parking spot and everything and a driveway it alt gets used up and no tum built. T. Shoemaker: We are trying to avoid coming back in 6 months and going through it all again because we can't find that parking like you are wanting to do. We are stuck without being able to do it at that point. Cowie: I guess somewhere along the line we are not communicating about this garage. Is that garage part of your property? Why can't it come down and use it for parking? That is what you are talking about? Shoemaker: (Inaudible} is where that existing garage is right now. Even though it is a very (inaudible) (Discussion Inaudible) Cowie: It says existing carport to be enclosed. T. Shoemaker: It is enclosed. • • Meridian City Council December 20, 1994 Page 6 (Inaudible) T.Shoemaker: That is one side of the plan, I knowthat the City has those Mans saying that is enclosed. (Inaudible) Kingsford: Something that again we r'night be able to work out with the highway district because they have done it for us on 1st Street is perhaps a bal! at your properly line or something for same protection. People back out on to East 1st from several of those points and they didn't like it, but there is a protective ball there that helps. I am sure that something can be worked out and hopefully v-ne can do that in the 6 month period. If nat than certainly we are open to T. Shoemaker: If it doesn't work out do we have to come back and go through this whole thing again and put out all the money to go through it again? Kingsford: We will be able to probably handle anything except maybe the mailings on the same thing. T. Shoemaker: We are really working with you we are trying to do it too. We are just frustrated just like you are trying to figure where to do that and we just want to show you where we are at with the highway district. Morrow. Mr. Mayor, can we do something like since this is going to be (inaudible) six month time frame basically it is continued so if we can't work it out then we press on underneath this same format so we don't have to do the mailings and the cost? Kingsford: I am not sure where we are at with having just denied and which those findings called for. I suppose a possibility would be for the Council to make a motion to continue to the end of that six month period. Does that sound reasonable Counselor? Crookston: If that is the desire of the Council it would be more preferable to have a motion to withdraw the denial and table it for a certain date which can be the six months. Kingsford: Is that more agreeable tv the Council? Morrow: From my perspective I don't see anything wrong with that. We have a situation here where the Shoemakers are struggling, we are struggling and it seems to me somehow when you get this worked out it is just a matter of finding the common ground. Shari has to do her thing to find out exactly what the numbers are and we don't know what the Meridian City Council December 20, 1994 Page 7 numbers are. From my own perspective my own preference would be that we (inaudible) until a date 6 months from tonight or the nearest meeting 6 months from now. And that is how I feel about it. Cowie: That tree that we are talking about does that belong, is that on your property? Shoemaker: Yes (Inaudible) Morrow: I think that tree house was started by a former City Councilman in attendance tonight. Kingsford: In those days they used to call it a dog house. Currie: I would like to help as much as we can. I think it is worthwhile. T.Shoemaker: If we do figure out this before the six months, we want to get this parking in can we come and do something before that? Morrow. If you figure it out before the six months all you have to do is construct it and then it is a dead issue I think. (Inaudible) Morrow. I think at least my intent here in terms of seeing if we table it for 6 months is that it is a last resort type of deal. If something can't be worked out at all then we come back in the public forum and figure out something. My preference would be that it is done and you are operating and the asphalt or whatever is there. Not that we don`t like but it would be real nice not to see you anymore. T. Shoemaker: I would like to, I know we can't do those (inaudible) 15th of March or something like that. I would prefer not to go the six months because I am sure we can find something before the six months. I would like to get it before that the earliest or the latest we can do instead of waiting six months. Morrow: You can do, you can start tomorrow. T. Shoemaker: But if we ~n't find anything then we are going to have to have you guys say alright yea or nea, so we are going to have to come back for that official • • Meridian City Council December 20, 1994 Page 8 Morrow. And that would be in six months time. T. Shoemaker: That is why I am saying can we do it before then? (Inaudible) Morrow. Mr. Mayor I withdraw my former motion with respect to the Kingsford: 1 think you have to have a motion to withdraw the second first. Cowie: I will withdraw the second Morrow: Mr. Mayor I withdraw my motion to adopt the findings of fact and conclusions of law. Kingsford: Is there a new motion? Morrow: Mr. Mayor I move that we table the Tami and Jamison Shoemaker variance request until a date 6 months from the second meeting in December, the second meeting in June. Crookston: Point of order, I thought we had a motion to withdraw the approval of the findings of fact and conclusions of law, we did not have a vote on that. Then we had the motion to table it and we had a vote on that. Kngsford: We haven't yet had a vote on the table, we haven't had a vote on either of them. I would entertain a vote on the withdrawal, all those in favor of withdrawing? Opposed? MOTION CARRIED: Ail Yea Kingsford: Motion on the table. Morrow: Mr. Mayor I move that we table to the second meeting in June the Tami and Jamison Shoemaker request for a variance. Yerrington: Second Ingsford: Moved by Walt, second by Max to table the request for variance for 6 months to the second meeting in June for the Shoemakers, all those in favor? Opposed? MOTION CARRIED: All Yea .] Meridian City Council December 20, 1994 Page 9 ITEM #5: TABLED DECEMBER 6, 1994: VARIANCE REQUEST BY JRN LLC: Kngsford: Council members questions about that? I have been advised that the issue last meeting was there proper notification. Apparently that was not the case so we need to dispense with that and have it renoticed. Morrow: That is for the variance request? Kingsford: Right, #here was dispute as to whether one of the property owners or more were notified. Research found that they were not. What is the proper action, not to deny is it? To dispense with? (Inaudible) Crookston: I think that you could table until proper notice has been given and an additional hearing held. Mon-ow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table until proper notice has been given the request for variance by JRN and LLC and a new public hearing held, all those in favor? Opposed? MOTION CARRIED: All Yea Ingsford: That date certain is not required there Counselor, that just has to be unti) it has been properly noticed? Crookston: Yes it is because there is a determination (inaudible). ITEM #6: TABLED DECEMBER 15, 1994: CONDITIONAL USE PERMIT FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Kingsford: Council members prepared to deal with that? Counselor, would you be interested in describing the situation to the council. Crookston: Yes, at the meeting on the 15th of December the special meeting, I presented a motion a draft motion to the Council. I felt that there was, we should not have made a motion at the prior meeting because vve needed more time to think about and set forth. • • Meridian City Council December 20, 1994 Page 10 prepared the motion, I submitted it to the Council. We gave a copy to the Council, to Mr. Tumbult. I had some discussion later that night with Mr. Turnbull. He generally indicated that the motion, many parts of the motion were acceptable. I've had a discussion today with Mr. Wardle and 1 think he has some suggested changes. 1 think it would be appropriate for the Council to listen to that. So I think it would be appropriate for the Council to invite Mr. Wardle to make his comments regarding the motion. Kingsford: ff I might first, I understand you had a discussion with Mr. Johnson as to P & Ts intent with regard to where they thought they were at with the preliminary plat. Would it not be appropriate maybe to have those comments first. Crookston: Okay, I had a discussion with 4 of the Planning and Zoning members regarding what they thought they had done when they passed the amended findings of fact and conclusions of law and the recommendation that was on those findings of fact and conclusions of law The motion was worded such that there was an approval of a concept. In my discussions with Mr. Wardle his position that the Planning and Zoning Commission approved the preliminary plat on July 12, 1994. His position as best I can state it is that the Planning and Zoning Commission did thereby approve of the preliminary plat and what they were doing with the conditional use for the planned unit development was used as a means to handle the variances that they had been requesting prior to the submission of the planned unit development application. As I stated in my discussions with the Planning and Zoning members some felt that they had approved the concept, some felt that they were approving only the concept of the medium density and that they in essence were approving the plat that had previously been adopted by the Planning and Zoning Commission. It is my understanding that the applicant has revised the preliminary plat to meet many or all of the conditions that the Planning and Zoning Commission wanted on the single family. They indicated to me today, I would say in a majority they felt that the preliminary plat could go fonNard, they did not feel that they needed to review it again. And basically it was their position that they felt it was done as far as the preliminary plat, they did say all they did was approve the concept on the medium density and the applicant has in my conversation with Mr. Wardle today he said that is fine, that is all we were looking for on the medium density, they would have to come back to the Planning and Zoning and then the City Council with the specifics as to what they are going to do with the medium density portion. Ingsford: Do you get paid by the word verbally as well as by the page? I fell asleep for a little bit but I think I got it all, it is kind of like a soap opera. Jim you substantiate what the Counselor went through rather laborious discussion. (Inaudible) ~ ~ Meridian City Council December 20, 1994 Page 11 Johnson: We have looked at 3 preliminary plats, there was one submitted in May, there was one altered and submitted again in July and then the final plat was looked at today, we being myself and Shari. And as stated by the Counselor the concerns we had with the single family v-~re addressed. And then our only concern as a Commission was what was going to happen with the medium density and therefore the wording about the concept was acceptable. So we feel that it is time to move it on to the City Council. Kingsford: Mr. Wardle Wardle: Mr. Mayor, I appreciate the summary that Mr. Crookston has provided to you. There are a lot of issues that have been presented bo#h to the Planning and Zoning Commission and to the Council qn this particular project. It has taken us awhile to get those things down to a point of approval and t believe that we can and I was prepared to go through the particulars but I believe that the articulation by both Mr. Crookston and Mr. Johnson indicates that the Planning and Zoning did in fact recommend approval of the preliminary plat in July. We have subsequently addressed the issues on the single family portion of that. We have committed, agreed with the idea that we are only talking about ooncept approval on the medium density parcels. We are going to have to come back and prove to both the Commission and the Council that we can do something in there that conforms to the densities that we have requested. If we can't convince you it will be something less than that. We are aware of that. With respect #o the draft that Mr. Crookston provided to you last week, and I don't know if that has been .redrafted. We have simply if you would, !didn't mark one up, but do you have a copy of that draft in front of you? We have simply asked that a few minor modifications be considered in the introduction to the motion. At the last line, we would ask the inclusion of this phrasing. Let me just start at the line preceding, "As submitted by conditional use application," then with this inclusion, "and the revised preliminary plat dated 12/20!94." That simply gives everybody a drawing to hang on both from the City standpoint and from ours. That plat change that was made was the direct result of item #6 which Mr. Crookston indicated that he felt needed to be resubmitted, so we did prepare that plat. It is dated 12/20 and was submitted to each of the Council members and to all of the City staff. So, item #6 could either be deleted or it simply could reference the revised preliminary plat dated 12/20/94. Then we ask in condition #8 that you strike the term shall no# be 8 units per acre. Then with that striking put the maximum that we are going to have to come back and show you and substantiate at 8 units per acre for those medium density parcels. We believe that vve can do that and ~ ask for that opportunity. Condition #13 talks about the rendering, and we realize that the ordinance does require a rendering for a conditional use permit but we believe that should be definitely applicable to the medium density parcels. If you want a colored rendering of the single family that may or may not be represented because we will not be dictating precisely what the theme will be but there will be architectural standards. It could be a variety of opportunities afforded to the individual home owners. The Meridian City Council December 20, 1994 Page 12 rendering we believe should be submitted with those medium density parcels. And then condition #15, as presented really talks about the medium density parcels and so I believe that the term new preliminary plat and at the beginning of that Could be deleted and simply read the detailed application and site plan for the medium density shall be reviewed and approved by the Planning and Zoning Commission and City Council meeting all required prodlures. With that Mr. Turnbull who is a new father as of yesterday and opted not to attend the meeting tonight has indicated that he is in favor of completing the task and getting on with the final dedication with this approval and allow the City to start the golf course at your convenience and move forvvard with a final plat on the first phase immediately. Kingsford: Any questions for Mr. Wardle? Yerrington: Yes, did Mr. Turnbull send down any cigars? Wardle: I am sure that you will get a cigar. Mr. Mayor I appreciate the opportunity to present these items and l appreciate the Council's long suffering in this particular master. Ingsford: Mr. Crookston, having reviewed those do you see any complication to the City? Most of those are ones that we discussed after the meeting last week. Crookston: I think that the change in the heading relating to adding the 12/20/94 preliminary plat is fine. I think that we can delete paragraph 6, the change to paragraph 8 is totally up to the Council as to what density you want to allow in the medium density area. The change to paragraph 13, again that is totally up to the Council which relates to whether or not you do want the rendering on the single family. The change to item 15, I think that a preliminary plat is still necessary on the medium density because we have not seen one, so I think it would be wise to keep that statement in there where it says the new preliminary plat, just add a new preliminary plat on the medium density and detailed application and site plan for the medium density. Wardle: I agree with that, I think that clarifies it. Corrie: I agree, I read 15 as a new preliminary plat and detailed application meant for the medium density so. Correct me if I am wrong here, we tabled the preliminary plat, is that what we did previously? We didn't do anything on the preliminary plat we just tabled it is that correct. So we need to bring that back up and (inaudible). Berg: We don't have an ordinance yet do we? Crookston: No we don't Meridian City Council December 20, 1994 Page 13 Wardle: Mr. Mayor, there was an ordinance. Crookston: There was an ordinance prepared but it has not been passed. Kingsford: So I think that if you are satisfied with that motion then probably the ordinance would be the first order because you can't do anything with that until it is all annexed. if you are satisfied with that kind of a motion then I would suggest that we deal with the ordinance and then deal with that motion. Morrow. To express my opinion on the recommendations, Idon't have any problem with the first #1 and #S are fine. The question is to what the Council wants whether it be 6, 7 or 8 in terms of the medium gross density. 1t doesn't make any sense to do renderings on single family projects because they could have a multitude of (inaudible) 1 think the renderings refer only to the medium density projects. The handling of the preliminary plat wi#h respect to the preliminary plat phrase with respect to the medium density as suggested by Wayne makes sense to me also. And I think that the motion also oughfi to include the stipulation with respect to the deed to the golf course properties. Kingsford: Any other questions or comments of the Council? Cowie: So we need a motion to draw up an ordinance. Morrow. We need a decision as to whether it is 6, 7 or 8 units per acre. (Inaudible) Kingsford: Just a comment I guess while you are pondering, let's say you limit it to six than you limit it to 6 without regard to what kind of rendering will come in. Eight is the maximum allowable, I wouldn't mind looking at that if they come in with something that is unsatisfactory than you look at scaling it down would be my suggestion. Morrow. The other thing that I would throw out here is the 8 can always be when the preliminary plat and the rendering are submitted in conjunction. That is the point in time in my opinion to make the determination whether it be 8 or less. Kingsford: Yes, but I do think you want to put a maximum at that point and (inaudible) Morrow. Mr. Mayor I would move that we structure the motion lengthy as it is going to be of which I wil! try to read thaf we incorporate everything #hat is written plus the additional suggestions that have been brought to the table in this discussion this evening. And those additions be that it be 8 maximum gross density, that it is contingent upon receipt of the Meridian City Council December 20, 1994 Pege 14 • deed for the golf course property, and that the revisions he has discussed. Tolsma: Second Kingsford: Discussion, I think we still have a problem with regard to the ordinance in terms of timing of when this takes place. Crookston: No, you are not wrong. Kingsford: It is ordinance 666 and we can't find it. Crookston: Since the ordinance was not on the agenda I don't believe that we can pass it tonight anyway. Kingsford: I think it was fiabled, even though it is not on the agenda it has been tabled every meeting ongoing because it was never lifted. Crookston: That may be I am just not aware of that is why I said what 1 did. (Inaudible) Kingsford: We have a motion and a second, what is the damages of doing that, we are only talking about a sma11 portion of this and then get that ordinance back in and work on that. If the Council feels comfortable with that I guess we will deal with both of them tonight. Morrow: Do we deal with both the ordinance and this motion? Kingsford: We will need to have an ordinance and read it separate. 1 just want to know if you are comfortable. You have a motion and a second, t just want to know if you are comfortable with dealing with this and coming back and doing the ordinance after the fact, which is not kosher and Wayne is almost trying to hold his ears. Morrow. So the actual point of order would be that we do the ordinance first and then do this motion? Kngsford: I think legally that is what you need to do, you can't approve all of those things without having it annexed. Entertain a motion to withdraw the (End of Tape) being withdrawn. Ordinance #666, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF SECTION 3, T.3N, R.1W, BOISE MERIDIAN, ADA Meridian City Council December 20, 1994 Page 15 • COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. This is the annexation generally known as the Thomas property prior to that the Baxter property a portion thereof. Anyone from the audience that vw~uld like to have Ordinance #666 read in its entirety? Is there a motion? Yemngton: I make the motion Mr. Mayor that we approve #666 with the suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron that we approve Ordinance X66 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Con ie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: I would entertain you motion now Walt. Morrow. Mr. Mayor I move that vve adopt the motion that is before us in the written format to and including the changes that the Council has agreed to which would be the insertion of the phrases discussed. Insert 8 as a maximum gross density, and that we clarify the requirement for a rendering to be including only the medium density property that on crondition 15 it reads that it must be a preliminary plat with the submittal as discussed by the Counselor. And then deeds to the golf course property be transferred at the execution of this agreement. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the written draft with the changes noted stipulating that the gross density for the medium density property be not more than 8, that a rendering be given only on the medium density, that a plat be provided for the medium density and that the deed to the golf course area be received by the City as a condition to signing the plat, approximately right? Morrow. No, the deed #o the golf course property be transferred immediately not when the final plat is signed. Kingsford: Okay, the deed be transferred immediately, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council December 20, 1994 Page 16 Kingsford: Walt, could we have a copy of that or one of you guys for the record, the motion. If we have a copy of that than from the tape we can clean up the motion. Mr. Crookston in that motion then we have an item on there the conditional use permit and preliminary plat. In that motion did we do all of that? Where are we at now? We have findings on the conditional use, I guess that has to be approved. Crookston: You do have findings from the Planning and Zoning Commission. If you are going to adopt those then you need to do that. The conditional use and the preliminary plat were not as I heard it recognized in the motion. Kngsford: Deal with the Conditional use first, is council prepared to approve those findings of fact and conclusions of law as presented to P & Z? Yerrington: So moved Kingsford: Is there a second? Seeing none I will entertain the question, Walt. Morrow. In terms of the written motion the tent of the written motion did that not address it? Kingsford: I think it spoke to a lot of those things but officially did it handle the conditional use I think the answer is yes. I think you need to approve of the findings of fact on that, you need to approve of the conditional use if that is your pleasure and I think you have to approve of the preliminary plat if that is your pleasure. Morrow. With respect to the findings of fact, has there been substantial different testimony since those were written? Crookston: There has not been substantial additional testimony that would effect the conditional use at all. Kingsford: I think roughly the only thing that has changed has been the submittal of a new plat that addressed our desires of not having all of those smaller lots in a row The findings as adopted by the Planning and Zoning Commission are a tot of it rendered on the basis of an approval of a concept. If you want to approve of those as they stand that is fine, if you want to make changes then we should. I think if it is your desire to go ahead with the findings that have been prepared you do need to particularly change the recommendation and basically make it a decision because that is structured as concept approval. Morrow. Whet is your recommendation then? Meridian City Council December 20, 1994 Page 17 Crookston: I think it would be appropriate to have the findings amended so that it shows a specific approval of the single family dwelling portion of it and that the medium density is fine for the concept approval. Kingsford: Questions of the Council? Is there a motion to that affect. Morrow. So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law amended to include that the single family portion is approved, single family dwelling unit portion is approved for a conditional use and that the medium density concept plan is approved, Counselor? Crookston: I wasn't quite sure when you first started the motion, what I basically here then is that the motion is to approve the findings of fact as they stand regardless of the particular (inaudible) which you can do and then you will make a subsequent motion for the decision however you want to word that. Kingsford: I think we amended those findings tp include acceptance of the single family portion and the concept only of the medium density. Crookston: That is fine. Kingsford: That is what I reiterated in the motion. Rolt call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Cowie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Now, then you are suggesting we need a decision that reflects that? Grookston: Yes Morrow. Mr. Mayor I v~nould move that the decision be that we adopt the findings of fact and conclusions of law as amended. Crookston: You have already done that. Kingsford: What is the decision you are suggesting Counselor? • - Meridian City Council December 20, 1994 Page 18 Crookston: You have adopted the findings of fact. Kingsford: Amended findings. Crookston: Right, then you need a decision to approve the conditional use for the planned unit development and I think it would be appropriate to approve the preliminary plat on the single family dwelling portion of the planned unit development. And you have a requirement that the medium density come back to the Planning and Zoning Commission with a plat and the (inaudible) Ingsford: (Inaudible) wrap around thing. We have that in that all encompassing motion that was made some time ago, all of those things. Crookston: I think it would be appropriate on the application to make that motion. Morrow: Mr. Mayor, l would move that the decision be that woe approve the preliminary plat as submitted on 12/20/94 that we approve the conditional use permit for the medium density parcels and that the medium density parcels be subject to a plat process, renderings and all conditions that were stated prior. Tolsma: Second Kingsford: Discussion Cowie: What about your PUD do we have to approve that as part of the condition. Morrow: That is part of the conditions that were submitted prior. The conditional use permit the PUD is being approved now . Cowie: (Inaudible) Morrowi: That was the second part of the item after the approval of the preliminary plat as submitted on 12/2094. Kingsford: It has been moved by Walt, seconded by Ron that the decision be that we approve the preliminary plat on the single family residential, that we approve of the conditional use permit for the planned unit development, that we require that the medium density come back to both P 8~ Z and the Council, was that you full motion? Morrow: Subject to the conditions that we discussed. • Meridian City Council December 20, 1994 Page 19 Kingsford: Subject to the conditions aforementioned in the previous motion, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Are we appreciably done with Mr. Wardle? Crookston: To my knowledge we are done. ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY JOSEPH AND MARY DAROSA: Kingsford: Does the Council have those, have you reviewed them? Come: Mr. Mayor, I move that vue accept the findings of fact and conclusions of law on the variance request by Joseph and Mary DaRosa. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the findings of fact and conclusions of law as submitted for the DaRosa's, roH call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Con•ie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: We need a motion on the variance. Cowie: I move that we accept the variance decision. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the variance decision for the DaRosa's, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY LAYNE INDUSTRIAL PARK Kingsford: Is Council prepare to act on those? • Meridian City Council December 20, 1994 Page 20 Morrow. Mr. Mayor, I move that we approve the findings of fact and conclusions of law for the Layne Industrial Park variance. Cowie: Second Kingsford: Moved by Walt, second by Bob to approve of the findings of fact and conclusions of law on the Layne variance, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie ~ Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, the decision is the application for variance from 11-9-606 B 14 is denied, the pressurized irrigation requirement will be waived if the applicant conveys any water rights that the land has to the City or to the appropriate irrigation district such that the City may obtain additional irrigation water for Tulley Park. And that if the irrigation water rights of the land may not be transfierred or conveyed such that the City may obtain additional irrigation water for Tulley Park or the land has no irrigation water right than denial of the variance shall still stand. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: AMENDED ORDINANCE#602 - HIMERICH/DORADO: Kingsford: AN AMENDEb ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LOTS 3, 4 OF JE PHOSTS SUBDIVISION, LOCATED IN THE IOW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Amended Ordinance #602 read in its entirety? Seeing none 1 would entertain a motion. Cowie: Mr. Mayor, I move that we approve Amended Ordinance #602 with suspension of the rules. • Meridian City Council December 20, 1994 Page 21 Tolsma: Second • Kingsford: Moved by Bob, second by Ron to approve of Amended Ordinance #602 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #10: AMENDED ORDINANCE#644 - SCISCOE REZONE: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF LOTS 3 AND 4 OF JE PHOSTS SUBDIVISION IN THE NW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N, R.1W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE, Is there anyone from the public that would like to have amended ordinance #644 read in its entirety? Seeing none I would entertain a motion. Tolsma: Mr. Mayor I move (inaudible) Yen'ington: Second Kingsford: Moved by Ron, second by Max to approve of Amended Ordinance #644 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #11: AMENDED ORDINANCE #617 - ENGLEWOOD SUBDIVISION: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN GOVERNMENT LOT 1 SECTION 3, T.3N, R.1 W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Amended Ordinance #617 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayor, I move that we approve X17 with the suspension of the rules. • • Meridian City Council December 20, 1994 Page 22 Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of Amended Ordinance #617 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #12: ORDINANCE#680 -IRRIGATION DITCH ABANDONMENT: Ingsford: AN ORDINANCE VACATING A PORTION OF ARIEL ESTATES SUBDIVISION OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 12 FOOT WIDE IRRIGATION EASEMENT LOCATED IN THE NE CORNER OF LOT 6, BLOCK 1, ARIEL ESTATES SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THERE OF IN BOOK 64 OF PLATS AND PAGES 6582 AND 6583, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #680 read in its entirety? Seeing none I would entertain a motion. Tolsma: Mr. Mayor, I move we approve Ordinance #680 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of Ordinance #680 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #13: ORDINANCE #681, 685, 686 -VAN AUKER ANNEXATION: Kingsford: ORDINANCE #681, AND ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SW 1/4 AND IN THE SE 1/4 OF SECTION 9, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have ordinance #681 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayor, I move for the approval of #681 with the suspension of the rules. • Meridian City Council December 20, 1994 Page 23 Tolsma: Second • Kingsford: Moved by Max, second by Ron to approve of Ordinance #681 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: ORDINANCE #685, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 9, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #685 read in its entirety? Seeing none I would entertain a motion on #/685. Cowie: Mr. Mayor, I move that we accept Ordinance #685 with the suspension of the rules. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of Ordinance #685 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: ORDINANCE #686, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF SECTION 9, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #686 read in its entirety? Seeing none I would entertain a motion. Tolsma: Mayor, I move that we approve Ordinance #686 with the suspension of the rules. Cowie: Second Kingsford: Moved by Ron, second by Bob that we approve Ordinance #686 with the suspension of the rules, roll call vote. Meridian City Council December 20, 1994 Page 24 ROLL CALL VOTE: Morrow -Yea, Yen"ington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #14: ORDINANCE#682 -RAVEN HILL SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE S 1/2 OF THE NW 1/4 OF SECTION 20, T.3N, R.1E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would tike to have Ordinance #682 read in its entirety? Seeing none I would entertain a motion on #682. Tolsma: Mayor, I move that approve Ordinance #682 with the suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of Ordinance #682 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #15: PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER TABLED AT DECEMBER 6, 1994 MEETING: Kingsford: Any other questions of the Council? Is the Council prepared to act on that plat? Morrow: Mr. Mayor I would move that we approve the Preliminary plat fior Raven Hill Subdivision subject to aN the staff and Council conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the preliminary for Raven Hill Subdivision subject to the requirements of staff and Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: ORDINANCE #683 - LA PLAYA ANNEXATION (BRANDON CREEK): Meridian City Council December 20, 1994 Page 25 r~ Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 6, T.3N, R.1E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #F83 read in its entirety? Seeing none I would entertain a motion on #~83. Tolsma: Mayor, I move we approve Ordinance #683 with the suspension of the rules. Cowie: Second Kingsford: Moved by Ron, second by Bob to approve of Ordinance #683 with the suspension of the rotes, roll call vote. ROLL GALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: Atl Yea ITEM #17: PRELIMINARY PLAT FOR LA PLAYA SUBDMSION (BRANDON CREEK) BY PIONEER INVESTMENTS: Kingsford: Does Council have any further questions on the preliminary plat? Seeing none I would entertain a motion on the preliminary plat. Cowie: Mr. Mayor, I move that we accept the Preliminary plat of La Playa Subdivision subject to review of the staff comments. Yerrington: Second Ingsford: Moved by Bob, second by Max to approve of the preliminary plat for La Playa Subdivision subject to approval of the staff requirements, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: CONDITIONAL USE PERMIT FOR LA PLAYA SUBDIVISION (BRANDON CREEK) BY PIONEER INVESTMENTS: Morrow. Mr. Mayor, would you refresh my memory in terms of the conditional use permit, what did it specifically address that is not part of my packet. Mngsford: Shari, would you reiterate what that was again, the conditional use on La Playa • Meridian City Council December 20, 1994 Page 26 Subdivision? • Stiles: It basically was for the, it included zero lot line, lot frontages of 421/2 feet, let's see, the conditional use was basically for the planned senior development with frontages less than 50 feet and zero sideyard setbacks. It was tabled because it was not yet annexed and it was also based on the development agreement being executed. Morrow. That is satisfactory Shari, I recall it all now. (Inaudible) Mr. Mayor I would move that we approve the conditional use permit for La Playa Subdivision. Kingsford: I think we need to approve of the findings. Morrow. Mr. Mayor, I would move that we approve of the findings of fact and conclusions of law as prepared for P & Z for La Playa Subdivision. Cowie: Second Kingsford: Moved by Walt, second by Bob to approve of the findings of fact and conclusions of law as prepared for P & Z for La Playa Subdivision conditional use permit, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Cowie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: 1 would entertain a motion on the conditional use. Morrow: Mr. Mayor, I would move that we grant the conditional use subject to staff and Council conditions placed upon it and the development agreement. Yerrington: Second Kngsford: Moved by Walt, second by Max to approve of the conditional use permit for La Playa Subdivision subject to staff and Council's recommendations and that the development agreement be approved, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: FINAL PLAT: LAYNE INDUSTRIAL PARK, 18 LOTS BY LAYNE OF IDAHO: Kingsford: Does Council have questions on that? • Meridian City Council December 20, 1994 Page 27 • Morrow: My only questions would be, Gary in terms of Bruce's letter dated the 15th of December have the folks from Layne indicated they would comply with all of those conditions? Smith: Yes they have Councilman. Morrow. And you have no other problems with the final plat as prepared? Smith: No I don't. Morrow. And Shari, you are satisfied with everything with respect to the Layne Industrial Park? Stiles: Yes I am. Morrow. That being the case Mr. Mayor, I move that we approve for the final plat for the Layne Industrial Park. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the final plat for Layne Industrial Park, question on my pad, did this one require any kind of development agreement where are we at with that, jog my memory Shari? Was there a requirement for a development agreement in that? Stiles: I don't Morrow. If we have a development agreement this would be subject to staff conditions where you would have a development agreement executed prior to signing off on the final plat. That is the new procedure is it not? Stiles: Yes Morrow. Is a development agreement required of this? Stites: Layne Industrial Park was already annexed and so a development agreement would not be appropriate. Morrow: That was annexed some years ago is that correct? Stiles: Yes • • Meridian City Council December 20, 1994 Page 28 Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR THE LANDING SUBDIVISION NO. 7 BY SKYLINE DEVELOPMENT: Kingsford: At this time I will open the public hearing and invite the developer or his representative to speak first. Tucker Johnson, 5635 North Eagle Road, was sworn by the City Attorney. Johnson: I think you are all pretty familiar writh the Landing Subdivision. This request for a variance is about a year old from our standpoint. We wrote a letter in October of 1993 and we didn't have any feedback on that letter and in my discussions further with Mr. Gary Smith in processing the final plat for this phase it was brought fo all of our attention that had not been addressed and we had never received a response in regard to that variance request. That is what leads us here tonight, it is the Kennedy Lateral which traverses through a portion. We only own one side of the Kennedy Lateral. Mr. Gary Flores owns the nursery adjacent on the other side. It abuts and portions of it abut, if I can summarize it quickly part of phase 7 was on the preliminary plat approved some 2 years ago, 2 1/2 years ago. A newer portion was annexed approximately 1 year ago with different requirements as opposed to the preliminary plat of the older phases. I don't want to keep this late so if you have any questions I would be more then happy to. Kingsford: Tucker we have had back and forth with the irrigation district on just how much water that lateral moves. Of course our policy has been, or has become 48 inches or less we require piping. I have heard both on that ditch. Johnson: Quite frankly I was a little frustrated to come here this evening and get a copy pf the letter that apparently John Anderson sent over here when John and I not 3 weeks ago discussed the matte on the phone. Once again I was asking his position about this ditch and his opinion at the time when I was talking to him on the phone was that from Nampa Meridian Irrigation District's perspective safety issues are of the utmost, rnre cannot conceivably require developers like yourself to pipe such a large ditch. It is such an enormous cost. And to come here this evening, we have a license agreement with them already executed, recorded, all but stapled shut you might say, specifying that the Kennedy Lateral would be fenced to this section. Nampa Meridian may be looking at it from just solely what they project their water or try to allocate to that ditch. From our persp~tive we have to look at a little broader picture. We do not or do we ever intend to discharge any storm water into it, but upstream and from the interstate which is • • Meridian City Council December 20, 1994 Page 29 immediately south of this property, a rainy Spring extra water in the ditch, fanners don't use their water in the fields so their water is back in the ditch. The fields get flooded with rain water, where is the water going to go. I agree, I am as confused as perhaps you are on why the vacipation on the size requirement. It is a surprise to me this evening and frankly a little disturbing. (Inaudible) Kingsford: Mr. Smith, that is the same ditch that goes through Elk Run and we have discussed that at some length and the irrigation district has assured us constantly that 48 inches will handle that piping. Is there additional water entering this ditch between Elk Run and the Skyline property? Smith: I don't know Mr. Mayor for sure and that is one reason that 1 called John Anderson was to see if there is any other water that he knew of that would be entering the ditch. Because the quantity of flaw that was given by them to this applicant's engineer was 50 CFS and I wanted to find out what that 50 CFS was, what it included. And John Anderson told me on the phone that to his knowledge there was no other water that entered the ditch upstream. That, and in particular he was referring to drainage from the streets, from roadways. And that this 50 CFS did include safety factor of something 10 to 15% beyond what was actually allocated down stream to be used. Kingsfiord: Mr. Johnson, does that ditch go through any of the other phases in the Landing, I didn't go out and look at that? Johnson: No it doesn't, the portion that we just purchased and annexed a year ago is on part of it, it abuts it on one side, the other side is Gary Flores and then it cuts through phase 7 and then it goes down straight up stream to the freeway which is directly south and we own the property on one side. We are farming that and I know where the water goes, the north side of the interstate, the rain would run off towards the interstate fence which collects immediately in a ditch which is right there which directly dumps into the Kennedy Lateral as soon as the Kennedy Lateral exits the (Inaudible) that ditch not only collects rain water and such from the interstate but up stream the Waltman Lane where Waltman and Meridian meet that area, the property just east of our property is where our irrigation water comes for this 40 acres here. Any excess water or anytime we are not using the water it goes down to the ditch at the interstate and goes down and dumps back into the Kennedy. In addition to that the tail water from 40 acres of our farm ground drains into the Kennedy Lateral back from which it came from if it is not used. So, I don't mean to sound tike I am telling John Anderson that he may not know what goes on in that section but that is the way (inaudible) and that is the way it has been draining as long as !can remember and we have owned that for probably 5 years, 6 years. Meridian City Council December 20, 1994 Page 30 Kingsford: Any other questions for Mr. Johnson? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing, Council members? Morrow. I think we are dealing with a couple of issues here. I think that in Elk Run we are requiring that they, we have denied their variance on 2 different occasions and they have had to pipe this Kennedy Lateral and I believe it was with a 48 inch pipe. The issue here is with respect to the ground that Tucker is talking about in the not very distant future that ground will be developed as subdivision ground and we'll be facing that same issue again. And at that point in time obviously there is no tail water that is going to be going into it because (inaudible). A portion that we are dealing with right now has to be which is the phase #7 and we have been fairly consistent in terms of down stream users having to go with the precedence that we have set with the upstream folks. I am thinking in terms of the Hunter. Lateral on the other side of town and requiring piping. straight through there. So I guess those are my thoughts with respect to this particular piece of property and this ditch. Kingsford: Tucker, the ditch that refer to that you take your irrigation water out of to irrigate, that comes out of the Kennedy Lateral too doesn't it? I mean it would just dump back in? Johnson: 1 don't know exactly where it comes from, I have never walked back upstream but 1 know that more than just ourselves get water out of that ditch and if we are not using that water out of that ditch and the people upstream are done with it, it flows. (Inaudible) pressurized or not we still have to allow the water to continue to go where it is going now. Kingsford: The point that I am trying to make now, my recollection again without walking it and that is something that we certainly need to determine, but my recollection is it does come out of Kennedy and goes back into Kennedy if it is not used. If that is true and 48 inches handles it upstream further than 48 inches ought to handle it there too. That shouldn't be a consideration. I am not sure that vr~a have enough information to act on this tonight. I guess it vwuld be my recommendation to Council to table this and we get out this and take a look at that and follow up with Mr. Anderson as to what his logic is too. Again, I don't want us to be in a position like we are over on the northeast side of town wfiere we have maybe not large enough pipe and the irrigation district is the sponsor of that. So I would like to make sure that we are piping it with the right size. Johnson: That is what the engineer, if public testimony was still open he would say that is why they sized it that way. 48 is a minimum to get that water through (inaudible). Kingsford: Again, not to dispute your engineer by any means because it is a very Meridian City Council December 20, 1994 Page 31 • honorable individual and somebody that grows #hat nice of beard certainly is not to be disputed, but I would like to have an unbiased opinion as well. When we have a conflict with Nampa Meridian. Morrow: I believe Mr. Mayor, and I agree with those comments. I think there is some vacillating back and forth here. I guess for my own piece of mind I would like to see us take a closer look at that and make sure of the fact that the information that Nampa Meridian is providing us and their engineer and their engineer all come to some sort of common ground. So I would move to table for our first meeting in January. Kingsford: Would you include that those engineering studies be included in the findings. Morrow. Yes Corrie: Second Kingsford: Moved by Walt, second by Bob to #able this issue until the first meeting in January and to have a further study by the engineer and have those included in our findings, all those in favor? Opposed? MOTION CARRIED: All Yea (End of Tape) ITEM #21: APPEAL BY STFINER DEVELOPMENT ON THE FINAL PLAT FOR THE LAKE AT CHERRY LANE NO. 3: Yerrington: Mr. Mayor, before we start this can we have about a 5 minute break? FIVE MINUTE RECESS Kingsford: Get your name into the record and make your pitch. Bradbury: Mr. Mayor and Councilmen my name is Steve Bradbury, I am attorney, I have offices at 300 North 6th Street in Boise representing Steiner Development. Doug Campbell asked me to come and speak fior him tonight because he was afraid he would get all tongue tied and choked up and wouldn't be able to get it done. While you were on your break I passed out some plat maps. Each of you got 2, one is marked A and one is marked B. The one that has the A right next to the legend is the original or the. final plat as approved by this body some time ago. The one marked B is the final plat with the revisions that Steiner is seeking to have the Council approve tonight. I guess maybe, I • Meridian City Council December 20, 1994 Page 32 • have just got smaller versions of them but I can probably show them to you. Kings#ord: Counselor, if I may in difference to your comments, I believe it was the preliminary plat that was approved and not the final, I believe these are mismarked. (Inaudible) Kingsford: Did we approve the final plat, because then we ran into that snafoo, oh no that was on the variance, 1 stand corrected. Bradbury: There is also a variance pending as well. Essentially the difference between the 2 plats that you have before you is that along this run of lots right through here there are 2 additional lots added between the 2. In addition and I want to make sure it is clear to there isn't any mistake about it. Your version B there also shows and it shows additional lots down here in this comer here and that is the subject of the variance that is pending before you and was tabled. I just don't want you to get confused by the numbering and why it is it looks like there are (inaudible) what we are pitching to you at this point. This plat B is simply as soon as that variance would be approved end if not of course that would all fall out and be taken care of. Alright, the pitch, Steiner Development as you know obtained approval for the final plat some months ago and the lot numbers are a little confusing and 1 have just, thinking in terms of talking in round numbers because the numbers are a little confusing because of the change from single family lots to some town house lots and the numbers get a little jumbled up. Essentially what happened is that after the final plat was approved Doug got the idea that he could include more lots in the subdivision and still meet all of the dimensional and design requirements of the ordinance. So he talked to his land planner, his consultant about that and the consultant advised him that yes that was not a problem and let's go ahead and do that and when we present this thing to the City Engineer we will just get it signed off because it still meets all of the requirements of the underlying zone. Doug now realizes that wasn't very good advice and when this plat was presented to the City Engineer and I guess some construction drawings were presented to the City Engineer recognized it and said wait a minute you have a problem, you have more lots here than what the City Council approved. And Doug said wait a minute I thought it was okay if 1 did this and blah, blah, blah back and forth and it brings us where we are. The Zoning Administrator concluded that, she feared that the addition of those 2 lots would constitute a substantial change from that which was approved as a preliminary plat and therefore it was her determination that the matter should return to the Planning and Zoning Commission for additional public hearings, essentially the process started over to get approval of these 2 additional lots. And thus the appeal. It is Steiner Development's hope that the Council will recognize that these 2 additional lots shouldn't really be considered a substantial change given that the configuration of the plat as you can see if you hold the 2 together hasn't changed. The i ~ Meridian City Council December 20, 1994 Page 33 streets are all in the same place, all the dimensional requirements of the zone are met. It doesn't create any more or any different type of impact on the project, it just adds 2 lots. I guess if you want to look at it ir1 a percentage basis we are looking at essentially adding 2 lots to what is a 50+ lot subdivision so something less than I guess 4% change. I guess the nab is this, in the meantime and in reliance on this admittedly bad advice that Doug got he went ahead and constructed the utilities in the subdivision. He has put in the sewer and stubbed out all of these lots including these 2 additional and has also constructed a portion of the water to many of these same lots that are affected. And so it creates something of a, it crea#es more than a little bit of heartburn for Doug being caught in this bind. Frankly, and I think you will agree that essentially we are here tonight to beg for forgiveness and to attempt to make you folks understand that Doug wasn't trying to slip anything by anybody, I think you folks have worked with him enough to know that when he has a problem or an issue that needs to be resolved he comes in and tries to deal with it. He also recognizes that there is noway that this thing could have been slipped by anybody because the minute he showed up with the plans that showed these extra 2 lots bingo they were caught and here we are. I really think that in my discussions with Doug and my discussions with Wayne Forney his Planner it truly was just a misunderstanding of what the City's expectations are today. And perhaps a difference in expectations with the present City Staff and reasonably so 1 might add then perhaps it was the case in years past. Now, Doug, his Planner Mr. Forney faxed a letter to me that is addressed to the Mayor and the members of the Council, faxed it to me today. Unfortunately 1 only brought one copy of it and it sets out essentially what he perceived to have been the situation. Frankly it fa11s a little short of the, the only word that is coming to my mind is maybe to harsh a word, it falls a little short of the confession that we were hoping that he might give us. But I think that its tone and (inaudible) will help you to understand that it wasn't something that Mr. Campbell was trying to pull on you folks. I will go ahead and give this to the mayor and you folks can pass that around if you are interested in looking at it. I am pleased to try and answer any questions that you might have and Doug Campbell he is here of course as well and would like to address you once you finish with me. Kingsford: Questions for Mr. Bradbury? Campbell: Mayor and City Council I appreciate the time you considered on this issue presented before you tonight. As Steve stated earlier end is correct, I hope he answered some questions in your mind how we got to this awkward position. If I was advised properly I would have addressed the situation differently. I feel as a representative of Steiner Development I am not short on words and every problem that we have had I was in talking to Gary, Shari or the Mayor if I did have any problems. We felt we met all of our guidelines and the final had not been reviewed or signed. I would like the Council to consider and have Steiner resubmit to a new final plat instead of going back to a preliminary plat. (Inaudible) the City Planner, the City Engineer and the City Council. Meridian City Council December 20, 1994 Page 34 (Inaudible) in resolving this issue. Thank you. • Kingsford: Any questions for Mr. Campbell? I don'# know whether he would vv~sh for me to bring this up but I think it is probably a bit pertinent too on that advice that was ill conceived, if offered from their Planner. They have gone to a good deal of expense and have sewer hook ups and most water hook ups to this new lot configuration. 1 advised Mr. Campbell that wasn't a very smart thing either until the final plat is signed but that is hindsight and we all have pretty good 20/20 hindsight. Morrow. Mr. Mayor, could I hear comments from Shari and Gary concerning this issue? Kingsford: Shari, your thoughts? Stiles: What would you like me to say? Morrow. Just throw out your thoughts here would you please. Kingsford: One thing I might ask you Shari, if this plat were before us today, it meets all of the requirements of the R-4 zone, what would your comments first off be about it if we were at square one? Stiles: My comments would be to approve the plat, one thing they still don't show on this revised plat is the new dedication to the City along the fairway. But, the problem is it is I know one of the first things Gary does when he gets a final plat for signature is count the number of lots. And for Mr. Forrey to represent that this was something that happened all the time and it was merely a matter for the City Engineer to take care of after final plat approval is ludicrous. I don't think Steiner intentionally tried to mislead the City, I do believe it was a matter of their recrommendation. But the fact that there were 2 lots added 1 do believe is a signficant change. It may have been appropriate for them to come in and request a revised final plat approval at the Council level and with your permission proceed. It is just a way that things transpired and for the services to actually be built is the reason that I told them they had to go back to Planning and Zoning Commission because I considered it a significant change. But on the other hand 1 also suggested and gave them some advice about appealing it because I don't want it to be my decision, 1 don't think it is my decision, l don't think it is Gary Smith's decision to say yes that is fine go ahead and add a couple of lots because that is strictly up to the Council and I would just like to make sure that the developer understands it is a significant change and that this is not something that goes on in the City and certainly should never happen again. Smith: Mr. Mayor and Council members, I don't think that from the City Engineer's standpoint that the change creates any problems. The way the Change came about is the c Meridian City Council December 20, 1994 Page 35 • problem and the fact that we found out about after the fact and somewhat quite by accident that different development plans were submitted to the Water department than what the (inaudible) for the sewer and water plans. The water department was aware that there was extra water meters being added and I think we got some revised plans on December the 5th or something like that, that showed these additional lots in my office. There has been quite a bit of time that transpired between the original pre-construction meeting when the plat was to be developed as it had been approved by the Council and when we had actually found that additional services had been installed. Again, I don't, I can't imagine that Steiner Development did this intentionally. I have dealt with Doug Campbell many times on this project and had man conversations with him and 1 don't feel that he is the type of individual that would do this anyway but inadvertently just unknowing what our situation was with the final plat. I guess my and maybe I assume I have been operafiing under the correct authority that I have in approving these final plats as they have been approved by the Council. If there are variations to the final plats that come before me for signature then I turn them back. If 1 have some other authority, I have authority other than that I would certainly be willing to exercise it. But at this point I believe that is my authority to act in your behalf as the final plat approval. Kingsford: Certainly that is my feeling Gary that it is your direction to approve only that which the City Council has approved. And I certainly support you on that. Smith: Other than that I don't have any comments. I assume that all the construction has taken place in accordance with our standards. We have had inspectors out there for both water and sewer departments so I don't believe that there are any problems along those lines. As long as the lots meet the additional criteria of the ordinance there wouldn't be a problem from that standpoint. Cowie: Mr. Mayor, I certainly agree with you Mr. Mayor as far as the Engineer doing what the Council requests. Also, talking with Doug, I don't think the mistake was all their problem. I think they did get bad advice and looking at this down the line I think the changes are welt within the realms of R-4 and the comments of the 2 we just heard I think the end result would be the same if we went back again. It would just cost a lot of more time and money. My thoughts on that would be that we go ahead and give them the variance, but accept the plat as changed from my standpoint. Stiles: Are you saying that you wi11 accept this final plat tonight, are you asking for a resubmittal of a final plat? Cowie: Accept it tonight. Stiles: There is also the matter of a dedication to the City of this comer here. Meridian City Council December 20, 1994 Page 36 • Kingsford: I think Mr. Campbell has that and that will be dealt with, with regard to the variance. (Inaudible) Morrow. Mr. Mayor, I guess you had a comment Gary. Smith: Mr. Mayor, I am not sure what impact this has on the utilities but I would assume that they are going to need to be aware of these changes because they have plans #o put in services and so forth and this may affect those plans. If they have not been advised of those changes. (Inaudible) Smith: That would be the only thing a resubmittal of the final plat that is other agencies would accommodate would be there and for their information on services and so forth. Morrow. I guess Mr. Mayor I see this somewhat differently from this standpoint that when the presentation was made, this presentation or any presentation whether they are submitted as 80 foot lots, 90 foot or 100 that presentation is made to us and essentially that is the package that we are buying whether it be minimum R-4 or some other standards. To arbitrarily change those and in this particular case the frontages were 88 and 90 feet and now they have been arbitrarily changed to 80 feet, it seems to me that the prudent person before making that type of change not only would consult with a consultant but also somebody within the City. Part of the packages that we buy that we present to the public and offer testimony on at the P 8~ Z level so they have an opportunity to voice some opinion at. We also have public hearings at the Council level with the same presentation and offer the opportunity to make comments on theme. If we approve the package we are approving what it is that has been presented to us. In some cases that presentation may affect how we vote. It may be a situation where maybe the presentation had it been made in this configuration for some reason may not have been acceptable to any of us or the public in general or whatever. To be able to go back and say well we are going to change this and that is an arbitrary type of thing that I don't agree with. And that in our business in the construction business when you make a mistake you pay for it on your own time and own expense, fix it up and get on down the road. Now the deal is here that ultimately the only person responsible for making the mistake is the general contractor or in this case the developer. Even though he got bad advice from his consultant so to speak. It seems to me that I am sensitive to the problems that they have and I am sensitive to the fact that there are some delays, but it appear, to me that the public ought to have their opportunity to comment on the new package. Because it does appear to me that it is substantially changes what was approved to begin with and what they commented on in the first place. Meridian City Council December 20, 1994 Page 37 r~ u So, I think that although I understand all the other comments I think that I would be in favor of upholding the decision by our Zoning Administrator. Kingsford: Other comments of the Council? Corrie: Mr. Mayor, if I understand Shari right she had no problems with it, Shari is that correct? You had no problems with accepting the different final other than what you told us previously. Stiles: I would like to have them resubmit a final plat that we can at feast submit to the agencies that Gary and I can actually review and see what it is that is really being approved. Corrie: That is what I understood. Yerrington: Can we do that without going back through P & Z and all that stuff? Kingsford: Well, we have somebody here on the payroll, what do you think Counselor? Crookston: I think that it is the Planning Administrators function to make the decision as to whether or not there is a substantial change. The council of course has the over seeing right to make changes. I think it is up to the Council to proceed to the extent as to whether or not they want to go along with what their Planning Administrator had suggested or not. Kngsford: That wasn't what I asked you but thank you. What I believe what Max asked was since it has been viewed to be a substantial change are we obligated to send this back completely from square one through the process or does the Council have the prerogative that they can say yes we will do what Shari suggested and at least see a new final map that they can submit to the agencies. I think what Max asked, what I think we are all kind of interested in. Crookston: I think that the Council can do as it pleases. Kingsford: Well, bless you, I have always contended that but now I get you to agree. Crookston: I didn't say I liked everything you did. Ingsford: Well, I think personally and maybe a recommends#ion to Council myself is that I wouldn't have a problem with that. t agree wholeheartedly with Walt. I like Doug, I think Doug has been very fdrthright with us. I think he got some bad information, ultimately it is Doug's fault, by the same token I wouldn't like seeing Mr. Steiner lop his head off C Meridian City Council December 20, 1994 Page 38 because I've gotten kind of used to him, bald as it may be I am kind of used to that head being in here. Doug has been very good to work with, we have gotten several ideas rolling with regard to school, contribution and packages of that nature, fire station. I don't think by any means it was his intent to take advantage of the City. I guess another thing that we could look at on the plus side this map is under our preliminary agreement that is $1800 more bucks to the golf course, it is another $30 in terms of the final plat, at $10 a lot. So all is not bad about it, but if the Council does go with that it damn well had better not happen again. Corrie: Mr. Mayor, I agree with Walt, his idea is correct, but I just don't agree with the principle he is going after. That is why we are here, I will 1 guess to get this rolling, we need a motion to accept a revised final plat as in this B, final plat to be submitted to the City with sufficient numbers to submit to the agencies. Kingsford: I think that maybe Mr. Corrie I would like you to amend that motion a little bit if you would to include or rather to withdraw it and let's take up the variance first so that we could have that on that final plat if that is your pleasure. Corrie: I will do that, 1 would like to see that too. Kingsford: Discussion on the variance, that would be then lots 16 and 17 of map B. We have A and B and this is 3, (Inaudible) Kingsford: Unless we don't approve this. (Inaudible) Ingsford: So that point that went out into the fairway will be deeded to the City on a quit claim. (Inaudible) Kings#ord: If I may then I guess what you are looking at here then this final map if you do approve of the variance you might approve of this final map conditioned upon approval of the agencies is where you were at before. What is the discussion with regard to the variance, Mr. Morrow? Morrow. Where are our findings of fact and conclusions for the variance? ~ ~ Meridian City Council December 20, 1994 Page 39 Kingsford: I don't know that those were ever prepared were they? Smith: Mr. Mayor Kngsford: I think where we got to before with that was that was the point that arose that before us that we had additional lots. We stopped at that juncture to determine what map we were actually dealing with. So we never ordered findings on that issue I guess. Smith: As I remember Mr. Mayor, woe didn't have a map (inaudible) that represented what was being requested. Kingsford: We had a map that was the one that we approved and then we were looking at this variance that wasn't even on our map. Smith: The submittal included an old, the original preliminary plat, it did not reflect what the applicant was wanting to do. And at that point I believe Mr. Forney pulled a plat out of his file that no one had in their possession. I guess that is the map that we have then (inaudible) tonight. So, I don't know whether this variance request could be combined with the resubmitted final plat, but of course the variance has (inaudible). Kingsford: I guess what I would recommend to the Council is that we prepare findings of fact and conclusions of law on the variance, distribute this final map to the variance departments in the City for r®view and have those findings and the review bads for this plat at our next meeting. Morrow. So moved Yerrington: Second Kngsford: Moved by Walt, second by Max to prepare findings of fact and conclusions of law on the variance request on Steiner, distribute the map to the City Departments for their review and have that back along with the findings of fact at the next meeting which is January 3, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea Come: Mr. Mayor, on this final that you gave us, does that have the variance on there plus the other (inaudible} the dedicated (inaudible). Mngsford: We have the legals and so forth of that dedication (inaudible). Do we have the adequate number of maps, how many do we need, I didn't see how many we got. What Meridian City Council December 20, 1994 Page 40 do we normally get? Stiles: 30 Kingsford: They will be in probably right away. Morrow: Mr. Mayor, you might suggest that for the sake of the City if there is any additional cost that here that it be wom by Stiener Group (inaudible). Kingsford: Certainly there will be in terms of the subdivision, there will be an additional fee there. Crookston: I have a questions, what is the legal description for that you just handed me? (In2~udible) Crookston: This is the deed for the dedication, thank you. (Inaudible) Campbell: The other 6 acres that we are deeding from the golf course property has already been submitted I think Will, Mr. Crookston you have seen that and reviewed it. We need just to get Mr. Barney to provide us with a title report saying there is not encumbrance on the golf course property and that is where we are at right now. We would like to work on that this week. We would like to submit that to the City and Mr. Barney, am speaking on this behalf, I hope if I say anything wrong please let me know. I would like to have that signed and recorded before the end of the year for Mr. Bamey for tax purposes. So if that is possible, we will get the title company to send you over a report on the property saying there is no encumbrances and it is free and clear for your review. We would like the City to sign and record it if that is possible. Kingsford: Do we have any problem with that Wayne? Crookston: No Kingsford: We don't require action to be in the deed so if the Council is in agreement oh the acceptance I wrould certainly. Morrow: Mr. Mayor, I would authorize yourself and with Council and Mr. Crookston and the City Clerk Will Berg to accept that deed on the City's behalf prior to December 31. Meridian City Council December 20, 1994 Page 41 Yerrington: Second Kingsford: Moved by Walt, second by Max to allow the Mayor and City Clerk and City Attorney to receive the deed to that property prior to December 31, 1994, all those in favor? Opposed? MOTION CARRIED: All Yea Ingsford: Doug, what does that leave us then, we have one more about 3/4 of a fairway that you are going to owe us, is that correct? Campbell: Yes, on phase #4 which (inaudible) for submit the work in drawings to the City Engineer for approval so we will have of hole #3 to deed to the City and Kent might have to get up here and speak on that, it is going to be his property that is going to be deeded. We, Tom do we have the legal description on that yet? (Inaudible) Campbell: We can prepare that this week and if Mr. Barney is agreeable I don't see why we couldn't deed that. That is something that Kent might want to get up. Ingsford: I was just concerned with where we are at. I think when we get that and get the chunk from Brighton then we own all the golf course. Campbell: Yes, like I say we are already submitted on our final phase which we have 2 phases for approval. Steiner is not buying the property, Kent is retaining the golf course property and deeding it to the City. Ingsford: One thing that I would like you to get with Turnbull yet is whether it be Peugh or however now that these final plats have been approved and you do a layout of how we are going to get those 250 spaces for parking and those goes back to (inaudible). And where that maintenance building goes. Campbell: I have done quite a bit of work on fihat, I don't know, I think we know where the maintenance is going. I don't know, I think the parking we were fine on I am not sure. Were we requiring 200 and now we want 250? Kingsford: No it was 250 all along. Campbell: We c8n work that out, we've got (inaudible). Meridian City Council December 20, 1994 Page 42 Kingsford: I would just like to see a drawing. Campbell: Can I ask you one question, as far as David Peugh are we as a City going to get the ball vworking if David Peugh is gang to be the orte working on the golf course plans. Where are we standing there? Or do you want to answer that at this present time? Kingsford: Probably not. Crookston: I thought Arnold Palmer was doing it. Kingsford: And he is going to do it for that fee. I didn't catch up with Dave, I saw hirri in McCall this past Sunday and didn't get caught up with him to visit with him. His and mine last agreement was that was going to happen. However we have been a long while in receiving that property, a lot longer than I had anticipated. I told him as soon as we had deed then he and I would start talking. (Inaudible) Kingsford: I am pretty confident we will get that golf course built somewhere around 1984. Morrow. Question in terms of Mr. Barrtey's parcel of property, did he wish to have that deeded prior to January 1st also? Kngsford: Kent, that other fairway, do you want to work on that at the same time? I guess that is up to you, the Council has authorized the receipt so you guys deal with that. We would like to get that post haste so we know when we start to get our stuff together. (Inaudible) ITEM #22: ORDINANCE#684 - BEER/WINE/LIQUOR LICENSES: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 2 BEER SALES AND REGULATION, 13 RETAIL SALE OF LIQUOR BY TF~E DRINK AND 16, WINE, TITLE 3 BUSINESS REGULATIONS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING CHAPTER 2, TITLE 3, BUSINESS REGULATIONS TO ADOPT THE STATE OF IDAHO STATUTE ON BEER, LIQUOR AND WINE AND THE ESTABLISHED LICENSING AND TRANSFER FEES AND REGULATION FOR BEER, LIQUOR AND WINE; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #884 read in its entirety? Seeing none I vwuld entertain a motion. Meridian City Council December 20, 1994 Page 43 Crookston: I would just like to ask the Chief if you read the Ordinance? Gordon: Yes sir I have. Crookston: Does it meet with your approval? Gordon: Yes sir it does. 1 might add that the Counselor did an outstanding job on this ordinance in terms of everything that I asked him to do. Kingsford: I would entertain a motion on #684. Yerrington: Mr. Mayor, I move for approval of #684 with the suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve ofi ordinance #684 with suspension of the rules, roll call vote. ROLL CALL VOTE: Mon-ow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #23: BEER/WINE/LIQUOR LICENSE RENEWAL FOR 1995: Kingsford: Chief any problems on those? Gordon: I don`t have any problems. (Inaudible) Kingsford: The last page of this renewal, that should be Pastor Ramirez as of last week. Berg: Yes it is, that list was made in November as a list a check off list for us. So we notified them in November to get their licenses renewed. Since then there has been a transfer and that name has changed. That is basically done. I want to say we get a lot better response then the City of Nampa does as far as renewals, they have had to pass an ordinance that says if you don't renew by a Certain date then you have to pay a double fee. (End of Tape) Tolsma: So moved Meridian City Council December 2Q, 1994 Page 44 Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the renewal of the BeerNVine/ Liquor licenses for 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #24: PROCLAMATION -PHONE BOOK RECYCLING AWARENESS: Kingsford: Having read that I encourage you all to recycle your phone books. It is signed here and they do have a real good program. Last year 1 went out with US West and we gave out 3 computers to elementary schools that one their recycling things in Meridian school district. I would encourage you ofd geezers to give your old phone books to the Meridian elementary school that you live in. (Inaudible) Ingsford: The City Hal! has saved those for Meridian elementary in hopes that they might get some computer help over there. Moe has his dumpster, they are also being recycled I think at the Jackson Food Stores, but you ought to give them to our elementary kids. Cowie: Those don't go to the elementary kids at the other places? (Discussion Inaudible) Kingsford: Check with Susan Lee and see if she wouldn't like to maybe have those over there for herself. Don't spread that around to the other schools. Certainly, I think that if the other 2 schools in that are in the City limits are doing it then those ought to be divided up. But I think that would be nice if we did contribute to the schools in the City limits. ITEM #25: DEVELOPMENT AGREEMENT FOR SUMMERFIELD NO. 1&2: Kingsford: Shari were ali of those requested for tabling the Summerfield development agreements? Stiles: The developers representative had submitted all of those, it is my fault that I have not gotten those to Wayne Crookston and I had hoped to get those on for his review but I didn't. Kingsford: Entertain a motion to table those to the next meeting. Meridian City Council December 20, 1994 Page 45 Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table SummerField Development agreements 1,2 and 3 until the next meeting all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #27: DEPARTMENT REPORTS: Kingsford: Mr. Smith Smith: Mr. Mayor and Council members I have got a concept, preliminary concept plan on our pathway project, it is a revision to what we started out with, I would like to pass this out to you for a quick review. Basically the first page inside will kind of give you an overview of the project, the length of the project. Linder Road is on the left hand side of the sheet and Meridian Road is on the right hand side of the sheet and north is up. At the north side of the sheet is the Meridian Park site which we have named Tully Park. Now Tully Park, the pathway has stayed on the south side of Five Mile Creek so it is within the boundaries of the park site. As you go from left to right or from west to east as you get to what is labeled as NW 11th Avenue for an extension thereof you will see just to the left a crossing of the creek by the pathway. At that point the pathway is then on the north side of Five Mile Creek and as you go to the east to your right the pathway has a kind of meandering alignment more or less paralleling the Five Mile Creek alignment and it continues that way until you get to Meridian Road. There would be a couple of access points to the pathway on that north side one would be just about the middle of the page which is the middle section line. That is kind of a linear park that is being dedicated by Waterbury Park No. 5 subdivision I believe it is. That would connect all of the Waterbury park subdivision area with the pathway. Then there is also a possibility and I believe it is a very good possibility of connecting Meridian Manor No. 7 subdivision therefore West Crestfield drive turns north and frames into Hunter Drive. There is a little access road that I think we can utilize that, to also connect Meridian Manor to the pathway. So this is a sign cant change to what was originally submitted and the change is a result of a public meeting information meeting that Shari and I held with residents out there along the pathway along Five Mile Creek. It was their desire that pathway be relocated to the north side of Five Mile Creek. And 1 think it was probably a very wise request because we were limited quite badly restricted for the width of ground to utilize in construction of the pathway along the north side of Meadow mew Subdivision there by the NW 8th Street Park. There just wasn't adequate room there to construct a pathway. I think this is going to make a lot better alignment, it gives the pathway more character you might say because it does have • Meridian City Council December 20, 1994 Page 46 some alignment other than a straight shot. It has some curves in it and there is some opportunity to do some landscaping along there. The, and that would be what I would recommend would be a very low maintenance type landscaping such as trees and shrubs. The pathway itself will be 10 foot wide paved strip and there would be a fence built along the edge of the pathway or near the edge of the pathway to separate the path from the access road that Nampa Meridian is going to need. If you turn back to the larger scale drawings, ~ you turn back to sheet, let's we get through Tully Park to sheet #12 of 17 and that shows, that is the beginning of the pathway on the north side of the creek and you can see the bridge that will cross over Five Mile Creek near NW 11th. Nampa Meridian will have and presently does have an access road along the North side of the creek and so they need to maintain that roadway. We need to separate the pathway from their access road. They have requested a minimum 18 foot width from the top bank for their roadway so they can maintain the ditch. And I think what we ark going to propose to them is that we build a 4 foot high chain link fence as opposed to a 6 foot high fence. I don't think that it is really necessary to have a 6 foot fence, a 4 fence that will keep the small children out of the ditch and k will look a lot better too. But again we need to hammer out that license agreement with the irrigation district for this type of use of the easement area. In a tot of this length, this is more than an easement, it is actually an owned right of way by the Bureau of Reclamation. They have been very supportive to Shari and 1 for installation of this pathway in their right of way. They feel very strongly that this is a duel use area as far as they concerned, it can be used for gther things besides a ditch and maintenance there of. So I guess you have approved the supplement to the engineering agreement and we need to resubmit the concept plan to the highway department for their approval because we do have CMAQ funds involved in this thing and (inaudible) approve of that. We have to keep the process going so that we can meet their construction deadline so we don't lose those funds. If you have any comments I would be happy to hear them and answer any questions that you might have. Morrow: My comment is let's submit and let's go. Ingsford: One quick comment on Sheet 12 Gary, Will and I have been just discussing a couple of conFlieting things. On NW 11th, that will obviously never go through that street, I vender if we wouldn't be smart to consider maybe vacating part of that street to each side and having that path come out then to Cha#eau or at least for consideration. Then Will brought up, vve are going to have some out buildings on the eastern part of Tulley Park, maybe we would want to get an emergency Vehicle into there, I don't know, you might want to ponder that through a little bit as we move. Tolsma: (Inaudible) now that the pathway is going on the other side (inaudible). Kingsford: We might want to reconsider that too Gary. Make parking over to the pathway • • Meridian City Council December 20, 1994 Page 47 and pull this out here. Tolsma: Is it a possibility, we discussed that when we were talking about, we didn't have access in there with the (inaudible). But if the pathway project turns possibly we can get access in there to make the tum off of that. Smith: I don'# know, if we have enough room I will certainly ask the question. (Inaudible) Smith: Yes right. Tolsma: (Inaudible) Kingsford: Otherwise submit it, do you need a motion to that effect? Smith: I think it would be appropriate if I could get approval on the preliminary. Yerrington: I move that we submit this posthaste. Morrow: Second Kingsford: Moved by Max, second by Walt to submit this posthaste, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council, the other item that I have is we recently we had to attend a double shift to get some plans prepared for installation of a water tine ahead of the plans going out to bid for reconstruction of Cherry Lane Road. I contracted with CH2M because they were the preparer of the plans for Cherry Lane Road rebuild and they had all the information available to prepare plans for the installation of the water line and they designed the water line so that it fit with the storm drain system which Cherry Lane has a rather extensive storm drain system that drains to the west and eventually dumps into Ten Mile Drain. In fact when it gets to Black Cat Road I think it is a 42 inch diameter pipe of something of that sine. Anyway in wrorking with the stone drain and other utilities they prepared the plans and I think we ended up with about 13 sheets of plans that were submitted along with specifications and bid items that were submitted to the highway district that were included as an addendum to the project bid documents for the general contractors bid to rebuild Cherry Lane Road. r: Meridian City Council December 20, 1994 Page 48 Kingsford: I would entertain a motion to have the Mayor and City Clerk be able to sign that engineering agreement. Morrow. So moved Cowie: Second Kingsford: Moved by Walt, second by Bob to allow the Mayor and City Clerk to sign the engineering agreement for CH2M Hill and Cheny Lane system, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Alidjani, I assume you are here in pursuit of information from the Council on the recycling or not? Does the Council have an opinion on that yet? Morrow. Let me preface that, we need to reach a decision because essentially the program is scheduled to end January 1st and either we continue the program or we start making the necessary notifications to terminate the program. Either way the Council has to make a decision as to whether we are going to have recycling or not have recycling and it needs to be done in my opinion tonight because past January 1st it is outside of the expense of which we, Mr. Alidjani agreed to fund outside of his 90 days, I would think if we don't make a decision than after January 1st it is up to us to make him poll if that is going to continue on. Kingsford: Does the Council have feelings on that? I guess in my perspective, you can go the full circle and you can make the thing work, even in terms of the numbers. But for the City to make it work by ourselves on those numbers becomes very difficult. When you look at the cost of manufacture of those products new versus the recycled energy and all of that. And then you weigh that against the transportation cost of moving this stuff to a recycling area. I think that for us to get involved in the recycling business at our current size you are going to require the cooperation of some other agencies, but that is a Council decision. Morrow Let me throw this out, in terms of this program, the response that we are having and the money that it is going to cost we are talking essentially in terms of our (inaudible) that we were looking at an additional $1.50 to $1.75 per residence if we go mandatory recycling for City wide. In our participation now amongst those who are willing to pay is 232 out of 7,000, percentage wise that is a real small percentage of the (inaudible). Now granted that small percentage is probably the most vocal, but the point is do we tax, in essence that is really what it is, the rest of the consumers to institute this program when • Meridian City Council December 20, 1994 Page 49 clearly by their voice not to participate they are not in favor of doing that. The other thing is that at this particular time, we don't have remanufacturing facilities that are close that can utilize these materials that has some impact on the cost. I think the problem, this obviously what I have teamed from this test is that this is truly a high volume business. In order to be successful you have to have lots of people, you have to have lots of them participating. The numbers in teens of cost of providing the service only go down when you reach some point in size that is bigger than the City of Meridian currently is. So, from my perspective I think we terminate the program and take the heat for terminating it from the 200 folk and be on down the road. Tolsma: How many pounds or tons is Boise currently using in their recycling project, say percentage wise for aluminum cans and for paper they are recycling how many tons or pounds are they recycling per capita compared to the City of Meridian {inaudible). Alidjani: Councilman Tolsma, at this time I do not have any access to their data. All I know with talking briefly with Mr. Bill Gregory, he is a manager of BFI in Boise and also Larry Peterson the manager of BFI of Nampa, all they are indicating is they roughly have been 65 to 75 people, 75% of the citizens are in this program on either side of those towns, Boise and Nampa. What the tonnage is I have no idea and I am not sure if that is of public record or not. I am not sure if I can get it or not, but if you wish to know I can try. I can talk to Rick at Western Recycling or Bill at BFI in Boise. IGngsford: I think part of the reason they have a higher percentage of participation is there you pay more if you don't recycle. The incentive then is to (inaudible). Alidjani: Just for your information Mr. Mayor asked me how that worked out in Boise, regarding their rate and the numbers and how do they charge. Me and Councilman Yerrington about 2 years ago we went out to several of the meetings, I believe about 3 of them. What they decided to do Mayor and the Council of Boise was that they gave trash hauler which was BFI at that time which it is now a raise including with that they had a little bit of a complicated numbering system. What they raised them to was whatever they are charging now but they said who ever does not, any household that does not recycle they are going to charge them a dollar more. In order, and with that little gimmick they encouraged people to join the recycling program. Whoever did decided that they would go is actually not mandatory it is kind of volunteer and mandatory raise. They had to request for a special bins which was blue colored and whoever has those are paying for a certain amount and whoever does not request one of those special bins they are paying a dollar more. Tolsma: (Inaudible) on the glass particularly where they pay nothing (inaudible) recycling glass over there also, they are hauling it in. • Meridian City Council December 20, 1994 Page 50 Alidjani: Yes they do, there are 4 items that regardless of if it is BFI or Dispose All or Sanitary Services of Meridian taking it to the Western Recycling there are only 4 items that they take, one is newspaper, the nest one is plastic which they indicate they only like to have 2 kinds of plastic, one is milk jugs and the other is clear pop bottles is all they want. And then glass is designated, brown, clear and green. And also tin cans and aluminum cans. They do not basically pay you anything for plastic and glass. What they pay you is for newspaper and aluminum cans. Tolsma: (Inaudible) Alidjani: Cole Road, Western Recycling. Kingsford: No he his talking about the processing. Alidjani: Portland, they all go to Portland. Morrow. As a side light just for point of interest. One of the gals that I am currently doing a project for is with Boise Cascade and she indicated to me in terms of their operation in Portland that bleaches recycled paper that it actually costs more to produce that paper and put it back out to the consumer than it cost them to grow trees and grind them up and create new paper to begin with. So from what she indicated is that we as consumers actually pay more for recycled paper than we would for new paper. Kingsford: So in that sense we are talking about landfill conservation would be the real benefit. Morrow. That is correct. Cowie: Mr. Mayor, I think it is a good idea but I don't think Meridian is big enough for it. I am with Walt I don't think we need to charge for the other people (inaudible). I would vote against it at this point. Kingsford: I would entertain a motion one way or the other. Cowie: Mr. Mayor I move that we discontinue with the recycling program effective January 1st. Morrow: Well, January 1st or as soon as we can get notification out by virtue of the mailers in the sewer and water bills. We need to have a mailer out there that says the recycling program is discontinued because of not being cost effective and that we also need a press release in the Valley News to that same effect. ~ ~ Meridian City Council December 20, 1994 Page 51 Kingsford: So we would look at that going out probably around the 10th of the month. Morrow. Can you suffer through until that notice goes out? Alidjani: I have to verify with Janice our City Treasurer and find out exactly how she is on the process of mailing the mailing out. I believe I might be late already for this month which goes on January 1st and 2nd or I might be on time. I will verify that with Janice tomorrow morning. I do not need more than 48 hours maximum 24 hours minimum to make those publications, that would go to the City water billing. Morrow. Let's ge# those publications and stuff made, what I am interested in accomplishing here is that I want to see that the service stays there until those notifications are out because I don't think it is fair to the consumer that we terminate the service without public notice both in terms of the newspaper article and in terms of the mailing out. What I am saying if was can't get that notification to them until the 10th of January I would like to see the program continue until the 10th of January. Cowie: So moved Morrow: Second Kingsford: Moved by Bob, second by Walt, to discontinue the recycling program as soon as notification can be made adequately through the paper and through the water billings, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Chief? Gordon: Nothing your honor. Kingsford: Shari Stiles: Nothing Kingsford: Counselor? Crookston: Did you want me to sing my song now? Kingsford: I'd rather not. • • Meridian City Council Cecember 20, 1994 Page 52 Crookston: Nothing Kingsford: Walter? Morrow. Question Mr. Mayor, our strategic planning session for December obviously is not going to be held. Can we schedule one for January tonight because I think both Mr. Tolsma and myself at the end of January will be out of town. Kingsford: So what are you proposing? Morrow. Well, prgbably the 2nd Tuesday of the month maybe. Kingsford: The 2nd Tuesday the P & Z is in here. Morrow. the fourth Tuesday. Kingsford: The 24th Morrow: The 24th would be one Kingsford: You guys all right with the 24th of January for a strategic planning session? Okay done, notice that Mr. Clerk. (Inaudible) Kingsford: Max? Yerrington: Nothing Kingsford: Bob? Corrie: Question to the Counselor on the Impact Fee Development, where are you on that? (Inaudible) Crookston: Mr. Corrie, I've had some work with it, but only minor and 1 really haven't even gotten through all of it yet. Corrie: With that I have some additional information that Shari gave me tonight in reference to the park, the basis of the park acquisition and cost so I can give you that. Meridian City Council December 20, 1994 Page 53 • What was the comment that was made? Seriously, if it is something that we need to do. Morrow. My comment quite candidly is and on the record is that given the performance of the person that wrote that I think it needs to be edited from page 1 through how ever many pages there are. Quite frankly I am getting a little tired of all the screw ups. Corrie: That was one of the reasons that I brought it up tonight because I think we need to look at it again. Kingsford: Do we all have copies of that Bob? (Inaudible) Morrow. Mr. Mayor, I think Mr. Corrie indicated that we each had a copy and that we each make notes and references to whatever it was and then turn them into Wayne Crookston. did that some time ago. Corrie: I might add that this is almost verbatim from the City of Boise and we are not going to find too many mistakes, all we did was add the figures for the police, fire and parks. We think we do have a mistake on the parks part of it, but generally speaking this whole thing is pretty much a computerized thing from Boise. So it is not going to be that bad but I agree with Walt, under the circumstances we need to look at it closely. I would like to look at it a little sooner than next year because this needs to be done. Morrow: I think in my review of the thing Bob is that I found fault with the reference to areas that we have determined that we were going to do them at the point of building permit and that there was going to be no in lieu of that those kinds of things and there is some fluff language in there that indicates that there are some tradeoffs that I didn't want to see. I just wanted those fees collected and at the point of building permit and then it had nothing to do with the developer or anybody else and it was clean and simple. There was also some language in there that alluded to things that we don't provide as a City government such as and I think you and I had discussed before low income housing and so on and so forth. Kingsford: Well, let's if we could get Wayne to read through those. Those of you that haven't read through and submitted them into Wayne please do that. Let's have that then be maybe the focal point of that strategic planning at least first on the agenda in January. Cowie: I agree, (inaudible). If you don't have a copy of this I will see that you get another copy. Meridian City Council December 20, 1994 Page 54 Ingsford: I have got to have one, I have just got to find it. Well, I would certainly like to wish everybody in this room a very Meny Christmas and a Happy New Year. Toss a few back for me. I have somewhere in this stack, in the ordinance it talks about the Mayor, the Council being able to handle credit and so forth. We have been working at getting credit cards for the City. I would like authorization from the Council to have those credit cards with Wi11 Berg's name on them that they be signed out from him and that each of you as a Commissioners require your department heads to then bring those receipts back and right a purchase order and treat them just like we would a bill so that we are not talking about making credit per say under our ordinance. I think I need to ask you guys for approval to have those, every City has them. What we found is that the Chief will as an example other departments do as well, come by and say we need to have X number of dollars (inaudible) to a school, need travel pay and all that kind of stuff. I think we would have better records on a lot of things if we could just hand them a credit card and bring the receipts bads and fill out the purchase order after that and get is signed so you know. You need to know in advance what is happening as well, but I think that will be a lot easier for us rather than to have Janice have to cut sometimes as many as 15 checks (inaudible) those kinds of purchases that probably should be made on a credit card. Morrow. So what we are going to go to is kind of a cash less deal and the credit card has a separate print out for each card number in terms of whoever that person like if Bill has one and it is {inaudible). Kingsford: They are going to be with Will and if Bills's guys need them they will come sign for the credit card they take that thing they do what they do they bring it back to the Chief in {inaudible) he sees the receipts he knows what they spent for his accounting, makes that purchase order #hen, that purchase order and the card comes back to Will. Morrow. Oh, so the card doesn't stay with the department head? It is warehoused here at City Hall and we have a limit like 4 or 5 or whatever the case might be. I don't have any problem with that, so moved. Yerrington: Second Kngsford: Moved by Walt, second by Max to allow the City Clerk to get the credit cards to be used as aforementioned by the departments of the City, all those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: What is the time on getting those? • • Meridian City Council December 20, 1994 Page 55 Kingsford: 1 think we can get those posthaste can't we? {Inaudible) Kingsford: Berg, do you have anything? Bob I am ready for a motion. Cowie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:27 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: WILLIAM G. BERG, JR., C ERK C~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, DECEMBER 20, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD DECEMBER 6, 1994: 1. TABLED DECEMBER 6, 1994: DEVELOPMENT AGREEMENT FOR TUTHILL ESTATES N0.2 SUBDMSION: r.~~a~.r~ ~ ~-~ ~~~~~ ~~zf'l °~`~ ~ 2. TABLED DECEMBER 6,1994: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDMSION NO. S: ~~~~ft ~ ~ to ~e~uht. ~ ~ h -~ ~~~~-~~~ 3. TABLED DECEMBER 6, 1994: FINAL PLAT FOR HARTFORD SUBDMSION 66 LOTS BY VIJYA LAXMI, INC.: ~jn~~~~e- ~'~-~/°~~ ~ ~~,~P~~ ~ov+-a°i~-i?r».ed l..~Cn-a ~o~h)i~i r ~C'o~s~tr ~G~Pv~/® "~-~'`~ 4. TABLED DECEMBER 6, 1994: FINDING/S OF FACT AND CONCLUSIONS OF LAW FOR V IANCE REQUEST BY TAMI AN JAMISON SHOEMAKER 5. TABLED DECEMBER 6, 1994: VARIANCE RE(~UEST BY JRN LLC: ~ ~~ ~'~ ~~ (,~ ~-~i C~/v~~~ ®~~~tJ /2o~J`~~ `ems ~ dte~/ ~~~v2-.5~~ 6. TABLED DECEMBER 15, 1994: CONDITIONAL USE PERMIT FOR ASHFORD GREENS SUBDMSION BY BRIGHTON CORPORATION: / L G~~~/r~ars~@ ®~ljahce ~~.6~6 ~~e,~ ~~~H J ~ 4~v~~r-rre~f rzc~h-r ~!f fi ~° ~S~~~~~ 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE a,ee ~~ ~~,~, REQUEST BY/ JOSEPH AND MARY DAROSA: 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY LAYNE INDUSTRIAL PARK: o~~,'-~d.e ~`f ~ c'/L ~/aevt.e~~-cep d~~o°er,C. r,~oL`. ®Pf~~r..r 9. AMENDED ORDINANCE#602 - HIMERICH/DORADO: Q~/,~~-o~e- 10. AMENDED ORDINANCE #644 - SCISCOE REZONE: ~~~i-~~~ 11. AMENDED ORDINANCE#617 - ENGLEWOOD SUBDMSION: ~~~ror~-~ , 12. ORDINANCE#680 -IRRIGATION DITCH ABANDONMENT: ih f~Y'~2a'~LrJ~'~" 13. ORDINANCE #681 -VAN AUKER ANNEXATION: Q~p~-~ ~'~ `~-~ ~ ~-'~~~ (~czn ~u~e~/¢nh~,f~fr~ ap~~-o~~ C X6)6. q~~rvve (C-+G) 14. ORDINANCE#682 -RAVEN HILL SUBDMSION: a~pro ~~ 15. PRELIMINARY PLAT FOR RAVEN HILL SUBDMSION BY ALLAN CHANDLER TABLED AT DECEMBER 6, 1994 MEETING: ~~ap~V~ ~~ ~et~n~ ~~~~~~~ ray= ~~~~' ~' e~~ ~~~~~~ 16. ORDINANCE #683 - LA PLAYA ANNEXATION (BRANDON CREED: a~~rav~e- 17. PRELIMINARY PLAT FOR LA PLAYA SUBDMSION (BRANDON CREED BY PIONEER INVESTMENTS: u~pf-~/~ ~n~e ~' i~ s~~~ ~~~' ~''~~'"~ 18. CONDITIONAL USE PERMIT FOR LA PLAYA SUBDMSION (BRANDON CREED BY PIONEER INVESTMENTS: e~P~~v~e ~'lf ~ c~/c ~ /,~~-0!/2 h1 e ~ ~ihy .~`~ ~~ f C'o~m ue ~i n ~ ~-e~~~~ G+'Pve%°~ ~~O~P`. e,,~ 19. FINAL PLAT": L.AYNE INDUSTRIAL PARK, 18 LOTS BY LAYNE OF IDAHO: 20. PUBLIC HEARING: REQUE~T FOR A VARIANCE FOR THE LANDING SUBDMSION NO.7 BY SKYLINE DEVELOPMENT: ¢~6%e ~~cti~ .Tait. 3R-° ~o~ ~~n~,~.f ~-v.~ c~.z~ivz~e~-,s' 21. APPEAL BY STEINER DEVELOPMENT ON THE FINAL PLAT FOR THE LAKE AT CHERRY LANE N0.3: CTOh.~ ~nbns - a~pv-v~~~ ~ ~~""~~~ G p~:e u,sLibw ~e.Scc.b:'s~.'~~ [~~-~ Q f~~ ~ ~i~2~~•C ~l~ Z` e /L ~''~ 22. ORDINANCE #684 - BEEWWINE/LIQUOR LICENSES: ~p~o~~ (O~'~``~ 23. BEER/WINE/LIQUOR LICENSE RENEWAL FOR 1995: ~pp~~e- 24. PROCLAMATION -PHONE BOOK RECYCLING AWARENESS: etppy~+~~ 25. DEVELOPMENT AGREEMENT FOR SUMMERFIELD NO.1 ~ 2: -~zc.f ~~- l 3-~s 26. .DEVELOPMENT AGREEMENT FOR SUMERFIELD N0.3: ~~~/~ ~~~~~ 27. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. CONCEPTUAL PLAN FOR FIVE MILE PATHWAY: ~~,pY~~v 2. ENGINEERING AGREEMENT FOR WATER LINE CHERRY LANE ROAD: ~ppY~~e- l3. (~4l f l~or.-® w /~e. c~ c,Qr7ti~ ocpplr®'rpi -~ ce~~cexf`~tc.p v-Lieln. ~vQV~/~h2 dta`j~°¢.G~ CI`I~ ®I° I~EI~I®IAI~ HIdR OF TREASURE ~AL~E~ 33 EASE' I®Ali® NIERI~IAIV, I®~ali® 83642 NAME: • PUBLIC MEETING SIGN-UP SHEET PHONE NUMBER: DEC 2 0 ~9~4 CITE ~~ ~~itt~~~i~~~ ~~~ G~~ L s HLTB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Grant P. Kingsford Mayor PROCLAN.~ATION WHEREAS, Americans dump 180 million tons of garbage annually, more than 40 percent of which is paper; and WHEREAS, the number of of usable landfill sites in the United States has dropped by two-thirds in the last 11 years. One-third of our remaining landfills will be closed by 1995; and WHEREAS, phone books are a reusable resowce which can be recycled back into phone book paper rather than being thrown away; and WHEREAS, for every ton of phone books that is recycled, 3.3 cubic yards of landfill space is saved; and WHEREAS, for every ton of phone books that is recycled, 3.5 barrels of oil is saved; and WHEREAS, for every ton of phone books that is recycled, 17 average size trees are saved; and WHEREAS, an increase in community awareness of recycling, its value, and the US West Direct Phone Book Recycling Program, may stimulate public support and action to recycle and preserve ow environment. NOW, T`I~REFORE, I, Grant P. Kingsford, Mayor of the City of Meridian, Idaho do hereby proclaim January 5, 1995 as PHONE BOOK RECYCLING AWARENESS DAY and ask that every citizen participate in recycling their phone books, increase the awareness of recycling in our community, and make every effort to help save our resowces and preserve ow environment for future generations to come. Signed this day of December, 1994. Grant P. gs or Mayor 1 ~~~ ~~~~ ~,~~ PACIFIC LAND SURVEYORS 290 North Maple Grove Road Boise, 1D 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 111074 DATE: December 20, 1994 Additional Golf Course Parcel DESCRIPTION FOR STEINER DEVELOPMENT L.L.C. A PORTION OF THE EAST-HALF SECTION 3 T.3N., R 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the East•Hali; Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho and more particularly descn'bed as follows: Beginning at a Brass cap marking the Southeast corner of the Northeast Quarter of Section 3, T.3N., R1W., B.M., Meridian, Ada County, Idaho thence along the Southerly boundary of said Northeast Quarter of Section 3, North 88°SS'29" West 1321.64 feet to an iron pin marking the Southwest corner of the Southeast Quarter of the Northeast Quarter, thence leaving said Southerly boundary and along the Westerly boundary of said Southeast Quarter of the Northeast Quarter of Section 3, North 0°26'04" East 1323.40 feet to an iron pin marking the Northwest corner of the Southeast Quarter of the Northeast Quarter of Section 3; thence leaving said Westerly boundary and along the Northerly boundary of the Southwest Quarter of the Northeast Quarter of Section 3, North 89°02'00" West 771.00 feet to an iron pin; thence leaving said Northerly boundary South 00°S8'00" West 160.00 feet to an iron pin; thence South 89°02'00" East 32.43 feet to an iron pin; thence South 00°SS'00" West 120.00 feet to an imn pin; thence North 89°02'00" West 19.96 feet to an iron pin; thence South 08°14'S6" West 197.64 feet to an iron pin; thence South 74°30'42" East 86.34 feet to an iron pin; thence South 46°00'00" East 256.17 feet to an iron pin; thence South 13°Z9'S1" East 368.46 feet to an iron pin, said iron pin also being the REAL POINT OF BEGINNING; thence continuing South 13°29'S1" East 29.58 feet to an iron pin; thence South 31°30'03" West 24.17 feet to an iron pin; thence North 06°37'01" East 49.70 fcet to the point of beginning, comprising 0.006 acres, more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation • • SUBJECT TO: All existing easements and road rights-0f--way of record or appearing on the above-descn'bed parcel of land. ~: JTE/EDM John T. (Tom) Eddy, P.L.S. Pacific Land Surveyors FROM WAYNE S FORREY ~ ~ P, 001 Several sketches were made and it appeared that by reducing the lot width to SU foot flrontage, Steiner Development would have two more lots th~ut shown on plat A, based on allowed 80 foot street frontages in the R 4 zone attd Steiner Develuptuent Company's honest belief that the final plat was not yet fully approved until the City ingineer had ac-tCd upon the final plat, Steiner Development Company prose to make modifications and prepare plat I3. Steiner Development Compatry's sin~:ere iiuent was to make sort that the changes as plat S were presented to the [:ity Jk~:ngineer for final plat cmurdlnatlon. acceptance and tT~nal approval. Steiner Development Comparry honestly believed that plat modifications could be :Wade prior to acceptance and approval of the final plat by the Meridian City Engineer. I hope you can see that Steiner believed in gcwd faith that plat mc~difcations wcrc part of the final plat process between the time of City Council actiu,i and final acceptance and approval by the City Engineer. Steiner Development Gomp~any was operating with the understanding that the City Engineer held the final plat approval authority ... as ,granted to the en~eer by the City Council. At no time did I ever beliCVe that ~1CiuC1 Development was trying to gaits oxtra lots without fully coordinating plat revisions with the Meridian City Engineer. In fact, several times rluring lunch meetings, Steiner Cevelopment Company mentioned that they would be helping the t;ity get revised drawings into the appropriate City tiles to avoid aoy confi,sion regarding taadific;ations between plat A and plat B. Steiner Development Company wants to continue building good projects in the City of Meridian. I hope this information helps you aee that this haa~ beets an uufortunatc, inttdvettetrt misunderstanding. Respectfully, v~~-'~-• Wayne s. Forrey, AICP FROM WAYNE S FORREY ~ ~~~ ~-~~ l~-Z~'~~P, 002 ~~ ~ . ._"~,._ 1Mayne S. ~'s~rr~)r, Ail? • !!~d-•(°:-r !'!r~!~nr~r c?~+rl t+~.~:•c'•k.trr~~enf An,ilc",~ :d2 Eas! Fr•9nl.lin f?~,::~ h~!t.r;+;r~rr, L;~rhp 83r~3c" 20 Ucccmbcr 1994 .. ~.'1:J ., ~. :LN~.•Irl l~ . , . Mayor Gror-t P. Kingsford and members of the Meridian Clty Council .• City of Meridian 33 E, idctiha Avenue Meridian, Ip 83642 7eleNhvne (?4t'!} fi~'.r••.Ct+~: Ft~x {2D8} 887•C~Oaa Uear Mayer Kingsford and ' ~ ~ members of the Mdrldian City Council: • .. r•t';1;n ur It is mry understanding that the Meridian City Council is considering revisions to . the final plat approval of the Lake at Gtteny Lane Subdivision #3. 1 am in Twin Falls, ~• Idaho, this evening and 1 cannot attend your December 20th City Connell meeting. I hope this letter will help you uaderstand some of the plat tnodiflcations which Steiner Development Comparry hopes you will approve this evening. To avoid confusion, i will .. refer to the City Council approved 19na1 plat of the Lake at Cherry Lane Subdivision #3 as • ' • • plat A. I have used the term plat B to describe the desired plat modifications. ' ~ When Steiner Development Comparty submitted ttre final plat (plat A) to the City L'ouncil, the development coacept was oriented to wide lots along the gol!`c.ourse fairway. Most of the fairway lots had l~s wide stmt frontages. After the City Coiracil acted upon the final plat {plat A), Steiner Development was contacted by realtors and builders and these groups informed Steiner Developmerrt Company that ~ foot wide lots ' were ton wide in the area near the Cherry Lane Gol#'Cnurse. The realtors and builders generally felt that lots near the golf course needed to be 84 feet wide by about l 10 fit -- r deep. Steiner Development Company was advised that less frontage and greater tot depth ' would be bene8dal to the overall project. Steiner Development Comparry also discovered that other developers in the area (Mr. Paul White and Bt~ghton Corporaltion) were platting 80.feet wide by I Op feet deep lots or less. Based on this input and research, Steiner Development thought it would be best to tbarrow the Fairway lots and as;commodate the needs of the rcahars and builders. At this point in the platting process, Steduer Development Company was aware that the Meridian (;ity Council had acted upon the fltral plat (plat A) subject to tTinal acc~tance and approval by the Meridian City Engiaeerr Because the final plat (plat A) was not yet submitted to the City Engineer for final approval, Steiner Ievelopment believed that they could make allowed adjustmentas to the final plat and submit the modi8eatlona to the City Engineer for final approve! and acccptance_ / _ M P FAx f: ~~~'4'$~~ FAX #: • >•Ilw•d..,v A..,,, ,n~l.~.!~Pd.•.d t;r.~r Ph. w.l 1'I nue r. Anr..rv .. 'r r:avP:..Sti a'~wrL. ~r. +'r'+r,. I'4vNUrvi P•:: .. ~..Wn ~ + ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BRIGHTON CORPORATION CONDITIONAL USE PERMIT EAST SIDE OF BLACK CAT ROAD BETWEEN USTICR AND CHERRY LANE MERIDIAN, IDAHO AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing September 13, 1994, at the hour of 7:30 o'clock p.m., the Petitioner appearing through the project's engineer, Mike Wardle, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, and the Applicant making additional comments in letter form and verbal statements at the Commission's meeting on November 9, 1994, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for September 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 ASHFORD GREENS • i matter came up for consideration again at the Commission's November 9, 1994, meeting at which time the Applicant's two representatives, Mike Wardle and David Turnbull made representations to the Commission, and the Commission considered the Letter of Applicant's representative, Mike Wardle, dated October 31, 1994. 2. That the property is located within the City of Meridian; it is located on the east side of Black Cat Road between Ustick and Cherry Lane; the parcel is part of a parcel of property that was annexed by the City over fourteen years ago and part of a parcel that has recently been requested to be annexed. 3. In a letter dated August 10, 1994, which was revised September 1, 1994, the Applicant's representative, Mike Wardle, stated the conditional use application is for a planned unit development, that the land is intended to be developed into 228 single family lots plus a medium residential area with 216 residential units, that they desired approval of the overall project, desired approval of 228 single family lots and 216 medium density units, approval of a density transfer from the single family lot and golf course to the medium density parcels, and desired approval of lot frontages, dimensional standards, private drives, "flag" lots, cul-de-sac and block lengths; Mr Wardle further stated that they were aware that the PDR approval for the medium density parcels must be conditioned on a future submittal of specific design plans which would address access, roadways, parking, utilities, open space, landscaping, and other matters; in an additional letter to Shari Stiles dated September 2, 1994, Mr. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 ASHFORD GREENS • • Wardle stated that the single family dwelling units would be on 78.29 acres with a density of 2.91 dwellings units per acre, and indicated that the medium density dwelling units would be on 27 acres with a density of 8 units per acre; that the total acreage used for residential development would be 123.55 acres with 444 dwelling units, for a total density of 3.59 dwelling units per acre. That the Applicant submitted a Concept Plan on August 10, 1994, apparently along with the letter of that date. 4. The letter dated October 31, 1994, from Mike Wardle to the Commission, is incorporated herein as if set forth in full, including the attached letters dated August 10, 1994, revised September 1, 1994, and September 2, 1994. Regarding the medium density parcels Mr. Wardle stated that a site concept had not been developed for the use which may be condos, townhouses or even cluster homes--detached dwellings in a common area setting, that the density can range from six to ten units per acres, that their calculations showed that the density for the overall project would be 3.59 units per acre for the two medium density parcels and therefore they were not asking for "bonus density" because the overall density of the entire project was 3.59, and that as to being harmonious with other developed areas around the golf course, one of the medium density parcels abutted 850 feet along Golf view Estates and the other medium parcel was completely surrounded by the golf course and the entrance collector road and would have no external impact; he additionally basically commented that the Commission could address the harmoniousness through its review of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 ASBFORD GREENS • • the site plan that must be submitted and approved and through a requirement for buffering with landscape, berming and building setbacks. 5. Pertaining to recommended conditions for the medium density parcels Mr. Wardle suggested that PDR approval for the medium parcels is conceptual only, that the maximum gross density of the entire project shall be 3.59 units per acre and for the medium parcels the maximum gross density shall be eight units per acre, that prior to any development of the medium parcels the developer must submit a detailed application for approval, and that the Commission reserves the right to place appropriate conditions on the medium density application in accordance with ordinance requirements for access, roadways, parking, utilities, open space, landscaping and so forth. 6. Pertaining to the long strings of 75 foot lots, Mr Wardle stated the final plat single family lot configuration shall inter- mix 75 and 80-foot- wide lots so that there shall not be more than two 75 foot lots in a row. 7. Pertaining to the Interlachen street connection Mr. Wardle stated that there was clearly a conflict on the issue between City staff and ACRD and solution was for the Applicant to work with both. Mr. Wardle recommended that the Applicant work with both City staff and ACHD to address the connection of Interlachen and Dawson Drive and in so doing to minimize speed and the concept arrived at shall include consideration for development of medium density parcel lot 5, Block 22, and that upon approval of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 ASSFORD GREENS the connection of the two streets the Applicant shall provide a revised overall Master Plan/Preliminary Plat incorporating that revision. 8. In the letter dated August 10, 1994, revised September 1, 1994, Mr. Wardle stated, in part, as follows: ". However, the matter of conditional use permit for the 'medium density' parcels is still unresolved. Inasmuch as specific design plans have not been prepared for those parcels--identified on the revised preliminary plat as Lot 56, Block 20 and Lot 5, Block 22--this conditional use request is for the following: 1. General Approval of the overall; project as a Planned Development Residential (PD-R) encompassing single family lots, medium density parcels, and golf course." 9. There are single family subdivisions adjacent and nearby; that Golf View Estates and Cherry Lane Village Subdivision Nos. 3 and 4 have larger lots than those shown on the Applicant's concept plan; that most of the lots do have 8,000 square feet but most also only have 75 feet of street frontage; there are some lots with 80 feet of street frontage. 10. Much of the property is already zoned R-4 Residential and the Applicant has submitted an application for annexation and zoning that requests the balance of the property to be annexed and zoned R-4; that the proposed use is for a Planned Development Residential (PD-R) development encompassing single family lots, medium density parcels, and an addition to the City owned Cherry Lane Golf Course, with the City doing most of the development of the golf course. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 ASHFORD GREENS ~ s 11. Under 11-2-409 ZONING SCHEDULE OF USE CONTROL, A, a Planned Development Residential (PD-R) requires a conditional use permit. 12. A concept plan was submitted to the City, apparently to assist the City in reviewing the Application; a preliminary plat was submitted with the Applicant's Application for annexation and zoning and request for preliminary plat approval; the concept plan and the preliminary plat with the annexation and zoning application showed the proposed layout of the single family dwelling areas but did not show any layout for the medium density areas; no development plans were submitted for development of the medium density parcels shown on the concept plan. The Applicant's Representative, Mike Wardle, in the October 31, 1994, letter, did submit some comments as to how the medium density would be designed, how the lots of 75 and 80 foot frontages would be dispersed, and comments on the difficulty with Interlachen Street and submitted proposed possible conditions on the development; that these comments are stated in paragraphs 4,5,6 & 7. 13. That the Applicant's representative stated at the public hearing on September 13, 1994, that there were two minor changes which were that the maintenance shed area would be changed and a stub street to the north added; that the Application was to have approval of a planned unit development that encompassed single family and medium density dwellings and the golf course; that the Planning and Zoning commission can require the medium density to come back before it; that roadways, access and other plans could be FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 ASHFORD GREENS required; that six lots require private drives; that there are two flag lots and longer cul-de-sacs that need to be approved as part of the PUD. 14. That the Meridian Fire Chief stated that he did not have a problem with this permit, as long as all codes are met; that the Meridian School District commented that it had a problem with the amount of students that would be generated by this development and the cost to the District for educating them and asked for help in dealing with the impact; the Central District Health Department stated that the development was alright if it was provided with central water and sewer, did not cause a mosquito breeding problem, and there was no storm water problem; that Nampa & Meridian Irrigation District commented; that the Meridian City Engineer commented that he hod no comment; that all of the above comments are incorporated herein as if set forth in full. 15. That many of the blocks in Cherry Lane Village No. 1 and No. 2 were alternated with an 80 foot lot and then a 75 foot lot; that those subdivisions were developed before the current Zoning Ordinance was adopted, which now does not allow such in the R-4 District. 16. That Section 11-2-409 A lists Planned Residential Developments as a conditional use in the R-4 zone; that the Subdivision and Development Ordinance speaks to planned unit developments in 11-9-607 and such is incorporated herein as if set forth in full; that section 11-9-607 E states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 ASHFORD GREENS • "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desireable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section."; Section 11-9-607 G. 8. also provides that all Planned Development shall be subject to design review by the City staff and Council; that Sections 11-9-607 A through H are incorporated herein as if set forth in full.; that 11-9-607 E states that a PD shall be allowed only as a Conditional Use in each district, shall be governed by the regulations of the district in which it is located, that a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, sign, and other regulations as may be desireable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section; Section 11-9-607 D. states that the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following architectural style and building design, building materials and color, landscaping screening, garbage area, parking, and open space. 17. That the R-4 District requirements, such as but not limited to, are 8,000 square foot lots, 1,400 square foot houses, and 80 feet of street frontage, and such are incorporated herein as if set forth in full; that there was no statement from the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 ASHFORD GREENS • • Applicant how the R-4 requirements would be met nor did the Applicant state what the request was as to how the requirements would be excepted; the concept plan does show the proposed exceptions to the street frontage and lot sizes but no mention was made as to square footage, whether there would be duplexes, town houses, or condominiums, or anything that would specifically pertain to what the Applicant characterized as "medium density"; that the Applicant did state in the October 31, 1994, letter that condominiums, twonhouses or cluster homes could be developed, but further stated as a recommendation that the maximum gross density of the medium density areas shall be eight units per acre. 18. That at the November 9, 1994, meeting there was discussion between Mr. Wardle, Mr. Turnbull and Commissioner Hepper pertaining to the mixed density units being owner occupied or rentals and about limitations on how small the dwellings unit could be; that Mr Hepper desired that the units only be owner occupied and was of the opinion that the minimum square footage of the medium density should at this time be set at 1, 300 square feet; that there was discussion from Mr. Turnbull that the square footages would likely vary, and he stated at the end, which Mr. Hepper agreed with, that the 1, 300 square footage was a requirement that could be changed and there could possibly be varying square footages. 19. That sewer and water is available to the property and is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 ASHFORD GREENS • a 20. That Larry Sale, from Ada County Highway District commented concerning linkage between Interlachen Way and Dawson Lane; he did not desire Interlachen Way to connect to this development, stating that Interlachen was only a connector road from Cherry Lane to where it ends now and should not be continued as a collector. 21. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 21. That there was no testimony objecting to the application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 ASHFORD GREENS 4. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The Planned Development use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance and the Subdivision and Development Ordinance require a conditional use permit to allow the use. c. The Applicant did not state that the development would be designed and constructed to be harmonious in appearance with the intended character of the general vicinity, which is the Cherry Lane Village Subdivision and Golf View Estates, but in the October 31, 1994, letter the Applicant's representative did comment basically that one of the mixed density developments abutted only 7 lots of Golf View Estates for 850 feet and that the other medium density area was surrounded by golf course and the entrance road and that area would have no external impact. He also stated that the Commission could address the harmoniousness through its review of the site plan that must be submitted and approved and through a requirement for buffering with landscape, berming and building setbacks; that it was concluded in the initial set of Findings of Fact and Conclusions of Law that it does appear that it was the intention of the Applicant, in the single family lot area, to make it harmonious with the intended character of the general vicinity, but it would be better to have the lot frontages of 75 to 80 feet alternated so that there are not long strings of 75 foot lots; that the Applicant did FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 ASHFORD GREENS i • state that the lots with 75 feet of street frontage would be dispersed so that there would be no more than two 75 foot frontage lots in a row; and it is also hard for the Commission to tell if the Applicant intended to have the development be harmonious with the preexisting golf course development without a specific plan for what has been identified as the medium density areas. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available and will have to be installed and connected by the Applicant. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and it appears that parking for the golf course will have to be enlarged. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That regarding the conditional use finding that must be addressed pursuant to 11-2-418 C 3. as to the harmony of the project to the general vicinity, it is concluded that the harmony must be with the general vicinity, which is the entire golf course area, including Golf View Estates; that by one of the medium density areas being surrounded by golf course and the entrance road does not remove the conditional use requirement that the proposed use be harmonious with the general vicinity. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 ASHFORD GREENS U • 7. That it is concluded that Commission appreciates the ideas presented, the concept is generally good, and a suggestion was made that the lots with 75 feet of street frontage would be set so that there would be no more than two such lots in a row, apparently so that the single family lots would be more harmonious with the rest of the golf course property, which in the Cherry Lane Subdivision NOs. 1 and 2 do have many of the 80 and 75 foot lots alternated; that it is concluded that there should be more 80 foot lots and fewer 75 foot lots. 8. That it was stated in the October 31, 1994, letter that the Applicant would work with the City and ACRD to try and work out the connection between Interlachen and Dawson Drive, hopefully so that there would be connection from Cherry Lane to the future club house and if it is connected it should be designed so that speed can be kept to a minimum, both with speed inhibitors, such as mounds and design of the road, which Applicant stated they would work on; that it is concluded that the Applicant, the City and the ACRD should work on this. 9. That it is concluded that there should also be some kind of pedestrian access to the club house and paths for golf carts so that they can get to the club house without having to travel on the golf course. This was not addressed in the October 31, 1994, letter or at the Commission meeting of November 9, 1994. 10. In the letter dated August 10, 1994, Mr. Wardle further stated that they were aware that the PDR approval for the medium density parcels must be conditioned on a future submittal of FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 ASHFORD GREENS ~ ~ specific design plans which would address access, roadways, parking, utilities, open space, landscaping, and other matters. In the September 13, 1994, public hearing Mr. Wardle stated that the Planning and Zoning Commission can require the medium density to come back before it. In the October 31, 1994, letter, Mr. Wardle stated regarding the medium density parcels, that a site concept had not been developed for the use and that the Commission can address the concern of (harmoniousness) through its review of the site plan that must be submitted and approved. Also in that letter Mr. Wardle, in the portion on the medium density, set forth some proposed conditions. That those conditions were as follows: 1) Pertaining to recommended conditions for the medium density parcels, that PDR approval for the medium parcels is conceptual only. 2) That prior to any development of the medium density parcels the developer must submit a detailed application for approval. And 3) that the Commission reserves the right to place appropriate conditions on the medium density application in accordance with ordinance requirements. 11. It is therefore concluded that this Application is for an approval of a concept plan for a Planned Development - Residential. 12. It is further concluded that the concept for development of the single family portion should be approved by the City Council, including the private drives, "flag" lots, cul-de-sacs and block lengths; that the concept of interspersing the 75 and 80 foot frontages is approved, but the suggested plan of having not more FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 ASHFORD GREENS • than two 75 foot lots in a row since the 75 foot lots do not meet the R-4 requirements, which violation can be granted in a planned development, but having two in a row does not conform to lots in Cherry Lane Subdivision Nos. 1 and 2 or what has been planned in the Steiner Development at the golf course; that it is concluded that the dispersal of the 75 foot and 80 foot lots should be considered by the City Council in its consideration of this concept. 13. It is further concluded that the concept for development of the medium density, in general, without specificity because there was no specicifity, should be approved by the City Council, except as noted below and subject to the suggested conditions of approval submitted by the Applicant, specifically including submission and approval of a detailed application for development and the Applicant meeting the requirements of 11-9-607; that the concept of R-8 density, of eight units per acre, is not recommended to be approved because no plan was submitted for development of the medium density; however the concept of having townhouses, condominiums, or possibly cluster homes, is recommended to be approved. That it is recommended that the City reserve the right to place appropriate conditions on the medium density application in accordance with ordinance requirements. 14. It is also the Commission's believe that an R-8 density, is too dense to be harmonious with the existing development, particularly if the R-8 means eight units to the acre including roads, curbs, gutters, and sidewalks for those units; without a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 ASHFORD GREENS plan to show how the medium density areas would be laid out to show how a greater density would be worked into the number of acres, it is very difficult for the Commission to recommend approval of the medium density concept with the proposed R-8 development; under the current R-8 requirements if the units were single family dwellings there could only be approximately 6.5 units to the acre without including space for roads, curbs, gutters and sidewalks, and those areas must be figured in; if there were two family dwellings there could only be five two family dwellings in an acre, not including space for the roads, etc.; that the medium density development has been recommended for approval as above stated, but it is recommended that the City Council take a strong look at the R-8 development as proposed by the Applicant. 15. That Section 11-9-607 G. 8. provides that all Planned Development shall be subject to design review by the City staff and Council; that it is recommended that this section be a requirement and Applicant required to comply with it. 16. That if the conditional use permit is granted for the planned unit development applied for, all ordinances of the City of Meridian must be met, including but not limited to, the Zoning Ordinance and the Subdivision and Development Ordinance, both as modified by Section 11-9-607 of the Subdivision and Development Ordinance, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, and all parking and landscaping requirements. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 ASHFORD GREENS ~ • The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECONII~+~NDATION VOTED VOTE / VOTED ~ !.~~ VOTED ~ The Meridian Planning and Zoning Commission hereby recommends that this matter, the concept of a Planned Development - Residential should be approved under the conditions stated above in these Findings of Fact and Conclusions of Law; that recommended approval is of the concept without general approval of any specifics; that any ultimate approval should be subject to all City ordinances, specifically including design review and plat approval under the procedures of the Subdivision and Development Ordinance. MOTION: APPRO` DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 17 ASHFORD GREENS • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this ~t~ day of _ ~~ . ~ , 1994. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED ~~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~a~.c,~i~~~ ~ C~s~ VOTED VOTED VOTED , VOTED VOTED ~~ ~~ ~~~,Pl2.I ~~~~~ ~. r, _ ~""'' ` ` ~ ORDINANCE NO. 682 Pz~l i ~A113 ~2DIlYE~~F THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN FEE._.~._.5--1/2 ©~-Y'i~E NW 1/4 OF SECTION 20, T.3N., R.lE., B.M., ADA R,E ~ ~~ A1T ~ ~ 'IT7AF~®; r ~iD 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 described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the S 1/2 of the NW 1/4 of Section 20, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the W 1/4 of Section 20, T.3N., R.lE., B.M., Ada County, Idaho from which a brass cap marking the NW corner of said Section 20 bears North 0°34'33" East, 2654.56 feet; thence along the West boundary line of said Section 20 North 0°34'33" East, 60.00 feet; thence leaving said West boundary line North 89°55'58" East, 327.98, parallel with the East-West centerline of said Section 20; thence parallel with the West boundary of said Section 20 North 0°34'33" East, 131.43 feet; thence North 89°59'33" East, 240.01 feet; thence parallel with the West boundary of said Section 20 North 0°34'33" East, 311.69 feet; thence South 89°59'33" West, 21.44 feet; thence North 26°05'27" West, 277.95 feet; thence South 89°59'33" West, 421.80 feet to a point on the West boundary line of said Section 20; thence along said West boundary line North 0°33'34" East, 23.35 feet; ANNEBATION ORDINANCE - RAVEN BILL Page 1 thence leaving said West boundary line North 89°59'22" East, 1443.60 feet to a point on the centerline of the Hunter Lateral; thence along the centerline of said Hunter Lateral the following three calls: South 11°33'07" East, 554.27 feet; South 06°06'40" East, 42.59 feet; South 38°29'36" East, 241.86 feet to a point on the East-West centerline of said Section 20; thence along said East-West centerline South 89°55'58" West, 1717.47 feet to the point of beginning, containing 19.57 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; 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 meet the following requirements a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. ANNEZFITION ORDINANCE - RAVEN HILL Page 2 d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~®~ day of ~~ d~^p ~~ r', v~ 4~0 ~ .~;. ~ S~ ~ :~:, ~~ . ^~ ~ ~° 4 a•• r~ i~° '" ~a::~s t ' ..4r K ~~`d+` ~> sir. ~f"s Y ~9. "' ~'p y~ ~z ~F'~5te...e5 8 APPROVED: . ~r MA R -- G T INGSFORD ATTES 6~IILLIAM G. BERG, JR. - TY CLERR ANNEBATION ORDINANCE - RAVEN BILL Page 3 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE S 1/2 OF THE NW 1/4 OF SECTION 20, T.3N., R.lE., B.M., ADA COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed as Ordinance No. 682, b the City Counc ~,~, and Mayor of the City of Meridian, on the ~® day of ~~ b~? ~- , 199 4-, as the same appears in my office. A DATED this ~ ~ day of C~~~ , 199 Y ,} .. ~, '~ ~ City Clerk, City o e idian ,,. ~~ f~° ~% ~~ ~:~• `"¢ ~~ ~Y ~,~ ~"~ ~ Ada County, Idaho `~ ~ J STATE OF IDAHO, County of Ada, ti ;~ On this aO~ day of ~ec~~.~, (, rr-- , 199, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ ~®~aetaoee,,e~ SEAL .®®~° ~® llyy`~~, p~'~ e, ~~~~,5a~~t~".a'~P FI ~, o s i y §y ~ b~ ~ ~4b, ,~si,~~ ~,~,~ ~O's'~n~a~n. ~~~~~aleaeeaoe terry Pu`~lic for Idaho siding at Meridian, Idah Commission Expires ANNEJCATION ORDINANCE - RAVEN HILL Page 4 ~ ,. f .-` -. '.. ~ l F- 6 ~ ~-°~~- = ~~Li ORDINANCE NO. ~ ~ ~ ~ ~'-' AN ORDINANCE OF THE CITY OF MERIDIAN A`~~E~~&i~j~AN~j`~O~i CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 11fi~RTH" _ RAN~F.~ _1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIff~f~r.iA~T F,EF~;L(~'I'~TIr~TE.'-f`~Z/ WHEREAS, the City Council and the Mayor of the City Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: SEE EXHIBIT "R" THROUGH "L" which attached hereto and incorporated herein as if set forth in full is hereby annexed to the City of Meridian, and is zoned C-G, General Retail and Service Commercial; 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 Van Auker request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. ANNERATION ORDINANCE - VAN AURER/C-G Page 1 c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law on the Van Auker Annexation and meet the Ordinances of the City of Meridian. g. That a Development Agreement is required prior to final plat or issuance of building permits, whichever comes first. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Ma or of the 'ty of Meridian, Ada County, Idaho, this ~® day of ~.~'Gj~i~~~~ , 19 9~ ~ ~ ° - ~4~~ APPROVED ~ ~~ ~ ~ ~„ ~a;~ ~ .;a MAYOR -- GRANT P. KI G ORD ~A__p , ~~ ANNEBATION ORDINANCE - VAN AUKER/C-G Page 2 ATTEST: _ _ ~+~~= a WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 AND SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. , by the City G uncil and Mayor of the City of Meridian, on the ~ day of ~C2Gnb~~- , 199, as the same appears in my office. DATED this /~~ day of G'~1i1~-` , 199 ~. ~~~ STATE OF IDAHO,) ss. County of Ada, ) On this ~' da of -~ ~ ~.~~'~ ~~ Y ~I~e c ew. 6 e~ , 199,, the undersigned, a Notary Public in and for said State, p ~ `~ y appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •~°e~e®®e~~®,®®®®®...~ .;~..~' ®oe°~~j ~ ~.. ~e ®®®ea n n e ~~~~~~~~ ~® ~~ ~,~~°~ A ~ ~, w A d a SEAL o ~ ~ ~, ~~ ~ -_;~ m a ° °® ~ ® ~ ~®~ ~~e Public for Idaho gat Meridian, Idaho ,fission Expires 0 ANNEBATION O1~~N1~CE - VAN AUKER/C-G Page 3 EXHIBIT "R" ~~, Ronald W. Van Auker GENERAL-COMMERCIAL ZONING 11.00 ACRE PARCEL (including public right of-way) A parcel of land located in the Southwest 1/4 ,Section 9, Township 3 North, Range 1 East; Boise Meridian, Ada County, Idaho, and more particularly described as foIIows: Beginning at a found brass cap monumenting the Southwest Corner of said Section 9; thence along the southerly line of said Southwest 1/4 of Section 9, said southerly line also being the centerline of Franklin Road, North 89° 11' 46" East a distance of 270b.25 feet to a found brass cap monamenting the Southeast corner of said Southwest 1/4; said paint being the REAL POINT OF BEGINNING; thence leaving said southerly line and along the easterty line of said Southwest 1/4 North 295.00 feet to a point; thence along a line parallel to the southerly line of said railroad right-o~way North 89° 56' 3t!" West a distance of 1648.20 feet to a point; thence South 06° 54' S7" East a distance of 297.22 feet to a point on the southerly line of said Southwest 1/4 of Section 9, also being the cnnterIIne of Franklin Road; thence along said southerly line North 89° 11' 46" East a distance of 1628.25 feet to a brass cap moawnenting the Southeast corner of said Southwest 1i4; said point being the REAL POINT OF BEGINNING; EXHIBIT "L" Franklin-Eagle Johrt Venture GENERAL-COMMERCIAL ZONING 7.552 ACRE PARCEL (including public right of-way) A parcel of land located bathe Southwest 114 ,Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a found brass cap monumenting the Southwest Corner of said Section 9; said point befog the REAL POINT OF BEGINNING; thence along the southerly line of said Southwest 114 of Section 9, said southerly line also being the ce~rterline of Franklin Road, North 89° 11' 46" East a distance of 1078.00 feet to a steel pin; thence leaving said southerly Ilne North 06° 54' S7" West a distance of 1090.37 feet to a steel pin on southerly line of the Union PaciRc Railroad rightof--way; thence along sold southerly rightof--way line North 89° 56' 30" West a distance of 946.60 feet to a point on the centerline of Eagle Road; thence South 00° 00' 00" West along said centerline of Eagle Road a distance of 1098.53 feet to a found brass cap monumenting the Southwest Corner of said Section 9, said point being the REAL POINT OF BEGINNING ~, ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 AND SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: SEE EXHIBIT "J" which is attached hereto and incorporated herein as if set forth in full, is hereby annexed to the City of Meridian, and is zoned T-E, Technical District; 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 Van Auker request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. ANNEBATION ORDINANCE - VAN AUKER/T-E Page 1 c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law on the Van Auker Annexation and meet the Ordinances of the City of Meridian. g. That a Development Agreement is required prior to final plat or issuance of building permits, whichever comes first. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the 'ty of Meridian, Ada County, Idaho, this ~fk-~ day of PAC dz2 Cpl- , 199. ATTEST: ~~ LIAM G. BERG, JR. C CLERK STATE OF IDAHO,) • ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 AND SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. ~a~s , by the City C ncil and Mayor of the City of Meridian, on the 2®~ day of C~rl~'i~~ , 199, as the same appears in my office. DATED this ~ day of ~-~C~~ 6t?e- , 199,. D _ ,. _ .,. STATE OF IDAHO,) ss. County of Ada, ) City Clerk, City of Ada County, Idaho ~'a~; r~~y3v~tp~ ~~~ ~~" °~ pa=9 ~ °`~ ~°,~ ~~ CS ~ mss. ~ ~. ;~ L~F'~ p~ yq ~~yq"y,~ On this ~ day of ~,PC ewe ~o er , 1995/ , before, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal o~theD day and year in this certificate first above written . ®®®o•®O E L , o~°®®®®® ~ ~, ~®~~~~ SEAL v m No a Public for Idaho '~ Pe ~, ®fd ~ e Re i in at Meridian Ida o ~~' My ommission Expires OZ ,~+~~:.,~. mow; ,•:~ ®~ oaso.~~~ ® ~~€u 4,ee ANNEBATION 0~47~° - VAN AURER/T-E Page 3 EXHIBIT "J" VJ Joint Venture, an Idaho Joint Venture TECHNICAL DISTRICT ZONING 36.00 ACRE PARCEL A parcel of land located in the Southeast 1/4 and Southwest 114, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and mare particularly described as follows: Beginning at the East 1/4 corner of said Section 9; thence along the Northerly boundary line of said Southeast 114, Section 9, South 89° 10' 31"West; 2684.56 feet to the Northwest corner of said Southeast 1/4, Section 9; thence along the Westerly boundary line of said Southeast 1/4, Section 9, South 00° 40' 04" East, 45.00 feet to the REAL POINT OF BEGINNING; thence South 89° 10' 31" West, 20.00 feet to a point; thence along a line parallel to and 20.00 feet Westerly of the Westerly boundary line of said So~lteast 1/4, Section 9, South 00° 40' 04" East; 1347.41 feet to a point on the Northerly right-of-way line of the Union Pacific Railroad; thence along the Northerly right of-way line of said Union Pacfilc Railroad South S9° 56' 12" East; 20.00 feet to a point on the westerly boundary line of said Southeast 1/4, Section 9; thence continuing along the Northerly right oi:-way Line of said Union Padfic RaiUoad South 89° 56' 12" East, 694.47 feet to a point; thence continuing along the Northerly right of-way line of said Uwlon Pacific Railroad North 00° 03' 48" East, 50.00 feet to a point; thence continuing along the Northerly rightof--way line of said Unlan Pacific Railroad South 89° 56' 12" East; 490.35 feet to a point; thence North 01° 03' 25" West, 1178.24 feet to a point; thence along a curve to the left with a radius of 2455.00 feet, a central angle of 19° 17' 32" and whose long chord bears North 79° 41' 31" West, 822.73 feet to a point on a line parallel to and 45.00 feet Southerly of the Northerly boundary lime of said Southeast 114, Section 9; thence along said parallel line South 89° 10' 31" West, 365.88 feet to the REAL POINT OF BEGINNING. F - -: -r~ ... L.~,.._ ~ ..~:~ ~~~1~'~_ iii ~a Ft~,,l2_ J ___ ~ ORDINANCE NO. 683 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, T.3N., R.lE., B.M., 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 described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above real property described as: A parcel of land located in the Southeast 1/4 of the Southwest 1/4 of Section 6, T.3N., R.lE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at the Southeast corner of said Section 6; thence along the west section line of said Section 6, N 0°01'30" W 999.13 feet to a point; thence S 89°58'30" E 30.00 feet to a point being the TRUE POINT OF BEGINNING. thence EAST 204.30 feet to a point; thence Northeasterly 36.38 feet along the arc of a curve to the left, said curve having a central angle of 52°07'00", a radius of 40.00 feet, and a long chord which bears N 63°56'30" E 35.14 feet to a point; thence N 37°53'00" E 48.85 feet to a point on the centerline of Five Mile Creek; thence along said Five Mile Creek centerline the following courses and distances: N 52°50'27" W 84.99 feet to a point; N 6°10'09" W 225.61 feet to a point; thence leaving said centerline N 88°44'30" E 1095.83 feet to a point; ANNEXATION ORDINANCE - LA PLAYA Page 1 thence S 0°10'00" W 330.00 feet to a point; thence S 88°44'30" W 66.00 feet to a point; thence S 0°10'00" W 571.82 feet to a point; thence S 88°16'00" W 102.06 feet to a point on the centerline of said Five Mile Creek; thence along said Five Mile Creek centerline the following courses and distances: N 65°16'46" W 91.18 feet to a point; N 52°50'27" W 891.26 feet to a point; thence leaving said centerline S 37°53'00" W 49.49 feet to a point; thence Southwesterly 81.87 feet along the arc of a curve to the right, said curve having a central angle of 52°07'27", a radius of 90.00 feet and a long chord which bears S 63°56'30" W 79.07 feet to a point; thence WEST 204.28 feet to a point; thence N 0°01'30" W 50.00 feet to the TRUE POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; 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 meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to ANNEXATION ORDINANCE - LA PLAYA Page 2 and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606- B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. ANNEXATION ORDINANCE - LA PLAYA Page 3 PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this fd~ day of _ APPROVED: s . D-~ MAYO -- GRANT P. ING D ~._ ~... ATTEST : . ~;~' ~~~.ti~~ .~ ~~`~ a Y j'qi ~~yy L V .~ H ~~~~+~' .y Z"rr.. Fd~ $ ~ ~ ~ " d CITY CLERK -- WILLI G. BERG, JR. -~ ~,~ ~~„~~,~~ ~ ~~,~ ~ ,z;~z ~„ .., ,~ r-~....., ,. ..~~~. _ . a . Rte, nr "•" p STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 6, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 683 , by the City Council and Mayor of e City of Meridian, on the ~~ ~- day of c'~~-/.~e~- , 199, as the same appears in my office. DATED this ~~ day of ~C~~'~-~` 199 ~. r, :.•• ro ~~~ ~ y .~' ~„ ._. ~~~, „~, , City Clerk, City of ri an '°' ~ ~ ~~~ Ada County, Idaho ~~ P ..~..-..., a ANNEXATT01~ opt ~ ~ ,~'F ~`3-~ °~ ~. 6+' ,J ~`''~`q' y1j m ~p tZ . '•t~_ S M :4 .,A PLAYA r ,~;' `i ~4„~ ~ 6o~:i"' Page 4 STATE OF IDAHO,) ss. County of Ada, ) On this o20 ~ day of ~~c erh der , 199, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., City Clerk, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the~day and year in this certificate first above written. .. -~ -s,',r/e,~ eea~l~p~~~A~ Oe V 3 ' ~ ~~ e00~~s ®~~' ~.~'y, ~` his SEAL a°`~~' ^3~~ ~~ ~c~~~~W~ ~ ~~~.®~ ~ ~" ~' ~, esadinguat1MeridianahIdaho ~ ~ ~ ~~~ °~ ~;~.~ Commission Expires o,~ 0~~99 ~~ r~' ~ ^~~~' (y a:OY% ~A _ rid ~~ ~~~~~ ~~ r- ~~ ._~-T_ _ _ . ^..~ R~:,'~'-, ~ -- ~;,, - _ _ ~.:,, ANNEXATION ORDINANCE - LA PLAYA Page 5 ( r ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTERS TWO, BEER, SALE AND REGULATION, THIRTEEN, RETAIL SALE OF LIQUOR BY THE DRINK, AND SIXTEEN, WINE, OF TITLE III, BUSINESS REGULATIONS, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND RE- ENACTING CHAPTER TWO, TITLE III, BUSINESS REGULATIONS, TO ADOPT THE STATE OF IDAHO STATUTES ON BEER, LIQUOR AND WINE, AND TO ESTABLISH LICENSING AND TRANSFER FEES AND REGULATIONS FOR BEER, LIQUOR AND WINE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to repeal Chapters Two, Beer, Sale and Regulation, Thirteen, Retail Sale of Liquor by the Drink, and Sixteen, Wine, of Title III, Business Regulations, of the Revised and Compiled Ordinances of the City of Meridian and to re-enact Chapter Two, Title III, Business Regulations, of the Revised and Compiled Ordinances of the City of Meridian to adopt the State of Idaho statutes on beer, liquor and wine, and to establish licensing and transfer fees and regulations for beer, liquor and wine. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapters Two, Beer, Sale and Regulation, Thirteen, Retail Sale of Liquor by the Drink, and Sixteen, Wine, of Title III, Business Regulations, of the Revised and Compiled Ordinances of the City of Meridian. SECTION 2: That Chapter Two, Title III, Business LIQUOR, BEER, AND WINE ORDINANCE Page - "N Regulations, of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and adopted and which shall read as follows: CHAPTER 2 BEER, WINE AND LIQUOR 3-201: ADOPTION OF BEER, WINE AND LIQUOR LAWS: There is hereby adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the City, the laws of the State of Idaho, being particularly Title 23, Idaho Code, as presently in effect or as may be hereafter amended by the Legislature of the State of Idaho and or by the City Council of the City of Meridian, as may be contained in that certain volume "Idaho Liquor and Beer Laws" revised through acts of the Legislature, published by authority of the Department of Law Enforcement, Liquor Law Division, as the same may be revised by the Legislature or by the City Council of the City of Meridian. The same are hereby adopted and incorporated herein as an ordinance of the City as fully as though set forth in full herein. Three (3) copies of the Idaho Liquor and Beer Laws, together with all amendments thereto, shall be kept on file in the office of the City Clerk for use and examination of and by the public. 3-202: LIQUOR BY THE DRINR: It shall be lawful to LIQUOR, BEER, AND WINE ORDINANCE Page - "N I ' sell liquor by the drink within the City of Meridian, as provided in Chapter 9, Title 23, Idaho Code, provided a license shall first be obtained from the City of Meridian for the sale of liquor by the drink; an applicant for a liquor by the drink license shall make application to the City Clerk, pay the license fee of 75~ of the amount of the license fee collected by the Director of the Department of Law Enforcement of the State of Idaho pursuant to the provisions of Chapter 9, Title 23, Idaho Code; if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee; the application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council; licenses may be transferred under the provisions of Chapter 9, Title 23, Idaho Code, provided the transferee meets the requirements of a licensee, has paid a transfer fee of Fifty Dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. 3-203: WINE: It shall be lawful to sell wine within the City of Meridian, as provided in Chapter 13, Title 23, Idaho Code, provided a license shall first be obtained from the City of Meridian for the sale of wine; an applicant for a LIQUOR, BEER, AND WINE ORDINANCE Page - "N wine license shall make application to the City Clerk, pay the license fee of TWO HUNDRED DOLLARS ($200.00); if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee; the application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council; licenses may be transferred under the provisions of Chapter 13, Title 23, Idaho Code, provided the transferee meets the requirements of a licensee, has paid a transfer fee of Fifty Dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license; any establishment, lounge, or bar, that has a liquor by the drink license, need not also have a wine license to sell wine by the drink or by the bottle, for consumption on the licensed premises. 3-204: BEER: It shall be lawful to sell beer within the City of Meridian, as provided in Chapter 10, Title 23, Idaho Code, provided a license shall first be obtained from the City of Meridian for the sale of beer; an applicant for a beer license shall make application to the City Clerk, pay the license fee of TWO HUNDRED DOLLARS ($200.00); if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be LIQUOR, BEER, AND WINE ORDINANCE Page - "N prorated and shall be one-half (1/2) of the annual license fee; the application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council; licenses may be transferred under the provisions of Chapter 10, Title 23, Idaho Code, provided the transferee meets the requirements of a licensee, has paid a transfer fee of Fifty Dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. 3-205: ELECTIONS: The City of Meridian shall follow the State laws for the sale of liquor by the drink, wine and beer on election days and liquor by the drink, wine and beer, may be sold on and during City elections. 3-206: PENALTY: Any person found to be violating any of the provisions of this Chapter shall be guilty of a misdemeanor or such provision or penalty contained in Title 23, Idaho Code, as applicable which ever may be more of a penalty. 3-207: SEVERABILITY: If any provisions of this Ordinance are declared to be unconstitutional, unlawful or invalid, the remaining provisions hereof shall remain constitutional, lawful or valid. SECTION 3: EFFECTIVE DATE: The effective date of this Ordinance shall be the date of its publication, which shall be not LIQUOR, BEER, AND WINE ORDINANCE Page - ~N later than December 30, 1994. PASSED AND APPROVED this 20th day of December, 1994. CITY OF MERIDIAN B G T P. KINGSFO D, R ATTEST: a WILLIAM G. BERG, JR., IT CLERR LIQUOR, BEER, AND WINE ORDINANCE Page - "N t Y ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHWEST 1/4 AND IN THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: SEE EXHIBIT "A" THROUGH "I" which attached hereto and incorporated herein by this reference is hereby annexed to the City of Meridian, and is zoned I-L, Light Industrial; 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 Van Auker request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. ANNESATION ORDINANCE - VAN AURER/I-L Page 1 c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law on the Van Auker Annexation and meet the Ordinances of the City of Meridian. g. That a Development Agreement is required prior to final plat or issuance of building permits, whichever comes first. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective- date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Ma or of the 'ty of Meridian, Ada County, Idaho, this ~ f~ day of ~C.~vv~~ 199. APPROVED: ATTEST: o~'`' WI IAM G. BERG, JR. - CI CLERR STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SOUTHWEST 1/4 AND IN THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. Ps/, by the CitI ~Council and Mayor of the City of Meridian, on the ~~- day of ~JrZC~~~z~~~ , 199, as the same appears in my office. DATED this ~~ day of ~~~~~ , 199 ~. City Clerk, City of a dian Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this _~D~' day of ~p~~,~, 6 ~,. , 199 /~, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. ANNERATION ORDINANCE - VAN AURER/I-L Page 3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ;~ ®ei®°~ ~ E L . °®~®® SEAL ®~ ~ ~" c~ ~®~~~~ ,` s 11~ "" I:r~ 1`a 8888110119 ' ~--- . ary Public for Idaho id'ng at Meridian, Idaho C fission Expires ~~ 0 ANNEgATION ORDINANCE -VAN AURER/I-L Page 4 EXHIBIT "A" G/D Partners LIGHT-INDUSTRIAL ZONING 2.66 Acre Parcel (including public rightof--way) A tract of land situated in the Southwest 1/4 of Section 9, Townshfp 3 North, Range 1 East; Boise Meridian, Ada County, Idaho also being the E 1/2 of Lot 2, Block 1 of Commerce Park Subdivision, (a recorded subdivision on file in book 45 of plats at page 3721 and 3722, records of Ada County, Idaho) more particularly described as follows: Commencing at the Section Corner common to Sections 8,9,16 and 17, T. 3 N., R 1 E., B.M.; theme North a distance of 1298.53 feet along the Section Line common to Sections S and 9; thence South 89° 56' 30" East a distance of 25.00 feet to a iron pin on the North Right-of-Way Line of the Union Pacific Rail Road; thence continuing South 89° 56' 30" East a distance of 438.75 feet along said Right-of-Way being the South Line of said Subdivision to the midpoint of the South Line of Lot 2, said point being the REAL POINT OF BEGINNING. thence North 00° 00' Ot!" East a distance of 47999 feet along the West Lice of Lot 2 to a point on the centerline of Commerdal Coart; thence North 89° 56' 24" East a distance of 242.00 feet along the Centerline of Commercial Court to a point, thence South 00° 00' 00" East a distance of 479.98 feet along the Centerline of Lot 2 to a point on the North Right of-Way Line of the Union Padfic Rail Road; thence North 89° 56' 30" West a distance of 242.00 feet along said North Right of-Way Line and the South Line of said Lot 2 to its Southwest corner, said point being the REAL POINT OF BEGINNING EXHIBIT 'B' Donald J. & Karen Nelson LIGHT-INDUSTRIAI. ZONING 4.25 Acre Parcel (indndhig public rightof--way) A tract of land situated in the Southwest 114 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho also being the E 1/2 of Lot 2, Block 1 of Commerce Park Subdivision, (a recorded subdivision on file in book 45 of plats at page 3721 and 3722, records of Ada County, Idaho) more particularly described as follows: Commencing at the Section Corner common to Sections 8,9,16 and 17, T. 3 N., R 1 E., B.M.; thence North a distance of 1298.53 feet along the Section Line common to Sections S and 9; thence South S9° 56' 30" East a distance of 25.00 feet to a iron pin on the North Rightof--Way Line of the Union Pacific Rail Road; thence continuing South 89° 56' 30" East a distance of 922.75 feet along said Rightof--Way being the South Line of said Subdfvision to the southwest corner Lot 3, said point being the REAL POINT OF BEGINNING. thence North 00° 00' 00" East a distance of 479.97 feet along the West Line of Lot 3 to a point on the centerline of Commercial Court; thence North 89° 56' 24" East a distance of 386.110 feet along the Centerline of Commerdal Court to a point; thence South 00° 00' 00" East a distance of 479.96 feet along the East line of Lot 3 to a point on the North Right-o~Way Line of the Union Pacific Rail Road, said point being the Southeast corner of said Lot 3; thence North 89° 56' 30" West a distance of 38b.00 feet along said North Right of-Way Line and the South Line of said Lot 2 to its midpoint, said point being the REAL POINT OF BEGINNING. EXHIBIT "C" Ronald W. Van Acker LIGHT-INDUSTRIAL ZONING 2.66 Acre Parcel (including public right-of-way) A tract of land sidiated by the Southwest 1!4 of Section 9, Township 3 North, Range 1 East; Boise Meridian, Ada County, Idaho also being the E 1/Z of Lot Z, Block 1 of Commerce Park Subdivision, (a recorded subdivision on file in book 45 of plats at page 3721 and 3722, records of Ada County, Idaho) more particularly described as follows: Commencing at the Section Corner common to Sections 8,9,16 and 17, T. 3 N., R 1 E., B.M.; thence North a distance of 129853 feet along the Section Line common to Sections S and 9; theme South 89° 56' 30" East a distance of 25.00 feet to a iron pin on the North Right of-Way Line of the Union Padfic Rail Road; thence coviinuing South 89° 56' 30" East a distance of 680.75 feet along said Right-of-Way being the South Line of said Subdivision to the midpoint of the South Line of Lot 2, said point being the REAL POINT OF BEGINNING. thence North 00° 00' Oll" East a distance of 479.98 feet along the Center Line of Lot Z to a point on the centerline of Commercial Court; theme North 89° 56' 24" East a distance of 242.00 feet along the Centerline of Commercial Court to a point, theme South 00° QO' 00" East a distame of 479.97 feet along the East line of Lot 2 to a point on the North Right-of-Way Line of the Union Pacific Rail Raced, said point being the Southeast corner of said Lot Z; thence North 89° 56' 30" West a distance of 242.00 feet along said North Rightof--Way Line and the South Line of said Lot 2 to its midpoint; said point being the REAL POINT OF BEGINNING. EXHIBIT "D" 4M LeasinglCanvest LIGHT-INDSUTWAL ZONING 5.80 Acre Parcel (including public right-of-way) A tract of land situated in the Southwest U4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho also being the E 1/2 of Lot Z, Block 1 of Commerce Park Subdivision, (a recorded subdivision en fide in book 45 of plats at page 3721 and 3722, records of Ada County, Idaho) more particularly described as follows: Commencing at the Section Corner common to Sections 8,9,16 and 17, T. 3 N., R 1 E., B.M.; thence North a distance of 1298.53 feet along the Section Line common to Sections S and 9; thence South 89° 56' 30" East a distance of 25.00 feet to a iron pin on the North Rightrofi-Way Line of the Union Pacific Rail Road; thence continuing South 89° 56' 30" East a distance of 922.75 feet along said Right-of-Way being the South Line of said Subdivision to the southwest corner Lot 3; thence North QO° 00' 00~ East a distance of 479.97 feet along the West Line of Lot 3 to a point on th,e centerline of Commercial Court; said point being the REAL POINT OF BEGIlVNING. thence South 89° 56' 24" West a distance of 62.98 feet along the Centerline of Commerdai Court to a point, thence North 00° 00' 011" East a distance of 458.61 feet along the West line of Lot 4 to a point on the Northern bo~mdary of the Commerce Park Subdivision, said point being the Northwest cormr of said Lot 4; thence South 88° 28' 18" East a distance of 561.20 feet along said Northern border of the Commerce Park Subdivision to the Northeast Corner of Lot 5; thence South 00° 110' QO" East a distance of 444.23 feet along the East line of Lot 5 to a point on the centerline of Commercial Court; theme North 89° 56' 24" West a distance of 497.02 feet along the centerline of Commerdal Court to a point said point being the REAL POINT OF BEGINNING. EXHIBIT "E" Ronald W. Van Acker LIGHT=IlVDUSTRIAL ZONING 1.35 ACRE PARCEL A parcel of land located ht the Southeast 1!4 ,Section 9, Township 3 North, Range 1 East; Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the Northeast corner of said Southeast 1/4 of said Section 9; thence along the Northerly boundary lute of said Southeast 1l4, Section 9, South 89° 10' 31" West a distance of 1359.05 feet to a point; thence along the westerly bo~dary line of the East 1!2 of said Southeast 1l4, Sectton 9, South 01° 03' 25~ Easy 190.00 feet to a point, said point being the REAL POINT OF BEGINNING; thence continuing South Ol° 03' 25" East along said boundary line a distance of 972.93 feet to a point; thence leaving said boundary line North 89° 56' 12" West a diatoms of 60.80 feet to a point; thence along a line parallel to said westerly boundary line of the East U2 of said Southeast 1/4, Sedion 9, North Ol° 03' 25" West a distance of 972.93 feet to a point; thence leaving said parallel line North 89° 10' 31" East a distance of 60.80 feet to a point on the westerly boundary line of the East U2 of said Southeast 114, Section 9, to the REAL POINT OF BEGINNING. EXHIBIT"F" ~ VJ Joint Venture, an Idaho Joint Venture LIGHT-INDUSTRIAL ZONING 39.28 ACRE PARCEL (includes public right of-wap) A tract of land situated Ln the Southwest 1/4 and the Southeast 1/4 of Section 9, Township 3 North, Range 1 East; Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southwest Corner of said Section 9, thence along the westerly line of said Section 9, said westerly line also being the centerline of Eagle Road North 00° 00' 00" East a distance of 2236.80 to a point, said point being the REAL POINT OF BEGINNING; thence continuing along said westerly Line North 011° 00' 00" East 413.38 feet to a found brass cap monumenting the Northwest Corner of said Southwest 1/4, Section 9; thence along the northerly line of said Southwest i/4 North 89° 10' 47" East a distance of 2675.43 feet to a found brass cap monumenting the Northeast Corner of said Southwest U4; thence Leaving said northerly line and along the northerly line of said Southeast 1/4 North 89° 10' 31~ East a distance a distance of 132551 feet to a point; thence leaving said northerly Line and along the westerly line of the East iJ2 of the of said Southeast 1/4 South Oi° 03' 25" East a distance of 190.00 feet to a point; thence South 89° 10' 31 ~ West a distance of 60.80 feet to a found steel pin; thence South Ol° 03' 25' East a distance of 972.47 feet to a found sleet pin; thence South 89° 56' 30" East a distance of 60.80 feet to a found steel pin; thence South 01° 03' 25" East a distance of 199.92 feet to found steel pin; thence along said northerly right=of-way North 89° 56' 12" West a distance of 194.20 fcet to a point; thence leaving said said rightof--way North Ol° 03' 25" West a distance of 1178.24 feet to a poi thence along a curve to the left with a radius of 2455.00 feet; a central angle of 19° 17' 32" and whose long chord bears North 79° 41' 31" West 522.73 feet to a point on a line parallel to and 45.00 feet Southerly of the Northerly boundary line of said Southeast 1/4, Section 9; thence along said parallel line South 89° 10' 31" West a distance of 385.88 feet to a point; thence South 00° 40' 04" East a distance of 700.07 feet to a point; thence South 89° 20' 47" West a distance of 45856 feet to a point; thence North 66° 38' 18" West a distance of 511.25 feet to a found steel pin on the northerly boundary of Commerce Park Subdivision (A Recorded Subdivision on File Ln Book 45 of Plats, at Pages 3721 and 3722); thence along said northerly boundary the following courses; North 79° 29'17" West a distance of 181.13 feetto a set steel pin; thence North 88° 28' 18" West a distance of 801.83 feet to a found steel pin; thence South 8S° 21' 11" West a distance of 220.15 feet to a found steel pin; thence South 44° 07' 21" West a distance of 12.31 feet to a found steel pin; thence North 87° 54' 18" West a distance of 435.74 feet to a found steel pin; thence North 82° 52' 10» West to a found steel pin on said easterly right-of-way of Eagle Road; thence South 89° 10' 47" West to the centerline of said Eagle Road a distance of 70.01 feet to the REAL POINT OF BEGINNING. EXHIBIT "G" Ronald W. Van Auker LIGIIT INDUSTRIAL ZONING 30.48 ACRE PARCEL A parcel of land located m the Southwest 1/4 ,Section 9, Township 3 North, Range 1 East; Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a found brass rap momm~enting the Southwest Corner of said Section 9; thence along the southerly line of said Southwest ]/4 of Section 9, said southerly line also being the centerline of Franklin Road, North 89° 11' 46" East a distance of 270b.25 feet to a found brass cap monumenting the Southeast corner of said Southwest 114; thence leaving said southerly line and along the easterly line of said Southwest 114 North 295.00 feet to a poi said. point being the REAL POINT OF BEGINNING; thence centinuing along said easterly line of said Southwest 114 North 00° 39' S9" West a distance of 777.69 feet to a steel pin on the southerly righ~of-way of the Union Faciflc Railroad; thence continuing along said so~rtherly right fo-way line North 89° 56' 30" West a distance of 1747.08 feet to a steel pin; thence leaving said rightof--way South 06° 54' S7" East a distance of 793.15 feet to a point; thence along a line parallel to the southerly line of said railroad rightrof--way South 89° Sb' 30" East a distance of 1648.20 feet to a point, said point being the REAL POINT OF BEGIlYNING. EXHIBIT "H" Ronald W. Van Auker and Oren C. Mayes and Carmen J. Mayes LIGHT-INDUSTRIAL ZONING 3.16 ACRE PARCEL (including public right-of-way) A parcel of land located in the Southeast 1/4 , Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a Found brass cap monumenting the Southeast Corner of said Section 8; thence along the centerline of Eagle Road North 00° 55' 00" East a distance of 797.98 feet to a point, said point being the REAL POINT OF BEGINNING; thence North 89° Ol' 38" West a distance of 460.00 feet along the centerline of Lanark Street to a point; thence North 00° 55' 00" East along a line parallel with the centerline of Eagle Road a distance of 299.95 feet to a point on the southerly line of the Union Pacific Railroad right-of--way; thence along said right-of--way South 89° 02' 00" East a distance of 460.00 feet to a point on the centerline of Eagle Road; Thence leaving said right-of-way and along said centerline North 00° 55' 00" East a distance of 299.98 feet to a point, said point being the REAL POINT OF BEGINNING. EXHIBIT' "I" .~ Union Pacific Railroad Rightof--Way LIGHT INDUSTRIAL ZONING 12.4 ACRE PARCEL A parcel of land being a portion of the Union Pacific Railroad rightof--way located Yo the Southeast 1/4 , Section 9, Township 3 North, Range i East; Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a found brass cap monumenting the Southwest Corner of said Section 9; thence along the westerly line of said Southwest 1/4, said westerly line also being the centerline of Eagle Road, North ti0° OO' 00" East a distance of 129853 feet to a pohrt on the northerly right of-veay of said Union Pacific Railroad, said point being the REAL POINT OF BEGINNING; thence leaving said westerly line and along said northerly Mghtof--way South 89° 56' 30" East a distance of 269135 feet to a found steel pin monumenting the Southeast Corner of Lot 2, Block 1 of Commerce Park subdivision, (a recorded subdivision in Book 45 of Plats at Pages 3721 and 3722 ); theme leaving said northerly rightof--way South ti0° 00' 00" West a distance of 200.Oti feet to a paint on the southerly line of the Union Pacific Railroad rightof--way; thence along said southerly rightof-way North S9° 56' 30" West a distance of 2691.35 feet to a point on said westerly line of the Southwest Corner of Section 9; Thence along said westerly line North 00° 00' Ott" East a distance of 200.0!1 feet to the REAL POINT OF BEGINNING. ~. Z ~ ~i 7 L. ~~.,.. ~ ,..<<u 3~;5 ~C> ~_~ 2r 'S~ D't~ ~~~ Fir, ~ ~ ORDINANCE NO. ~ ~ ~'•'m2 ~ •A~l. AN ORDINANCE VACATING A PORTION~~~~.~~I, EST~AT~~ SUBDIVIS2~ RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 12 FOOT WIDE IRRIGATION EASEMENT LOCATED IN THE NORTHEA~TECORNER_OF,LOT 6 BLOCK 1 OF ARIEL ESTATES SUBDIVISION, ACCORDING R~~:T~E, ,OFFL~I,-; Y31,AT THEREOF, IN BOOK 64 OF PLATS AT PAGES 6582 AND 6583, RECORDS OF 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 vacate a portion of Ariel Estates Subdivision, specifically the twelve foot easement located in the northeast corner of Lot 6, Block 1 thereof. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1:: That pursuant to Section 50-1306A, specifically, and Title 50, Chapter 13, Idaho Code, generally, the City of Meridian, having held the required hearing and it appearing that proper notice of said hearing was given and there being no objection, hereby vacates the 12 foot wide irrigation easement located in the northeast corner of Lot 6, Block 1 of Ariel Estates Subdivision, according to the official plat thereof filed in Book 64 of Plats at Pages 6582 and 6583, records of Ada County, Idaho; this vacation of this easement effects no other portion of the plat of Ariel Estates Subdivision. Section 2: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in full force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the C' y of Meridian, Ada County, Idaho, this ~~+-day of ~~'e'~`'~~s' , 1994. GRANT P ... KINf ATTEST: .'°'' i WILLIAM G. BERG, ., CITY CLERK ORDINANCE VACATING EASEMENT/ARIEL ESTATES y '`'r at.:~p GQ c ~ ~} ~'. -~ n a ~" a~""•vi Page 1 ... STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE VACATING A PORTION OF ARIEL ESTATES SUBDIVISION, OF RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 12 FOOT WIDE IRRIGATION EASEMENT LOCATED IN LOT 6 BLOCK 1 OF ARIEL ESTATES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 64 OF PLATS AT PAGES 6582 AND 6583, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE." passed as Ordinance No. ~~® , by the City Council and Mayor of the City of Meridian, on the ~ day of _ ~~~6az~pb" , 1994, as the same appe rs in my office. DATED this ~ 'da'y' 'of"'' ~~~~~~~ , 1994 . ~~ ,~ STATE OF 'Qfi County of Ada, ~% w, t CITY CLERK, CITY O MERIDIAN ADA COUNTY, IDAHO On this ~0?~ day of ~~rE.e~bw- , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 00®e`o®~eeoffiL aea®,®~® o® 0 ~V®~~~~ ~ .~~ m b ~ o ~ SEAL ~ m "" ®~~ ~~ ~q~~ueoi~e~e ~1RY PUBLIC FAR IDAHO IDING AT MERIDIAN, IDAHO COMMISSION EXPIRES 0 D JJ ORDINANCE VACATING EASEMENT/ARIEL ESTATES Page 2 AMENDED ORDINANCE NO. 649. AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF LOTS 3 AND 4 OF J. E. PFOST'S SUBDIVISION IN THE NW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N., R.1W., B.M., 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-40 to C-C, Community Business, for the described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A portion of Lots 3 and 4 of J. E. Pfost's Subdivision in the NW 1/4 of the SW 1/4 of Section 6, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 1, T.3N., R.1W., B.M., and the said Section 6, from which the South 1/16 corner common to said Sections 1 and 6 bears South 0°25'30" East, 1324.06 feet; thence South 0°25'30" East, 548.50 feet to the REAL POINT OF BEGINNING. Thence South 89°43'16" East, 165.02 feet to a point; thence South 0°53'00" East, 306.12 feet to a point on the South boundary of said Lot 4 of J. E. Pfost's Subdivision; thence along said South boundary and said South boundary extended South 88°34'59" West, 167:48 feet to a point on the West boundary of the SW 1/4 of said Section 6; thence along said West boundary North 0°25'30" West 311.04 feet to the Point of Beginning. AMENDED REZONE ORDINANCE - SCISCOE Page 1 be, and the same is rezoned from R-40 Residential to CC Community Business District, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning 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 rezone. Section 2. The Applicant shall pave parking areas adjacent or near property, the design standards for off-street parking in 11-2 414 must be met, specifically including the fencing. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-40. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended 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 ZQ~` day of ~QC'~~c~~h -- -_......199 ~' . ._ _. _L `r.~. a' ~~~~ ~R `+~ '' Ply ~~ ~v ~ m ~~ ~ ~q~. aa''$ 1 ~~a ~, .~.. _~ °i~ tr Mt ~ ~ ! 4~cr AMENDED REZONE Y?R~r~CE APPROVED: MAYOR -- GRANT P. KIN F RD - SCISCOE Page 2 ATTEST: ~~~ WILLIAM G. BERG, JR. - CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF LOTS 3 AND 4 OF J. E. PFOST'S SUBDIVISION IN THE NW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N., R.1W., B.M., ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No.644 , by the City Council and~Mayor of the City of Meridian, on the ~ ~~ day of ~C~~.,~~~d-~ , 199_x, as the same appears in my office. ~t DATED this ~~day of ~~~y- , 199 `Y ~~ i ~ ~ ~" ~ `~ t1 ~ City Clerk, City of eridian Ada County, Idaho V. ~' f'. LI. .. j . ~ 4 J :~ ,, e• •• _ ' AMENDED REZONE ORDINANCE - SCISCOE Page 3 STATE OF IDAHO,) ss. County of Ada, ) On this ~~ day of ~pcQ~+°ber , 199, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. a6,g~~~~e®e~eor,~o 0 s~ SEAL ~b `°,~ ~~~'~ ~a ~~ ~~ A ~ ~ .. ~~ P~ s Y~ q p~ q ~ ~ ~0 a"M.aeo®e°°°°°° ®~! tar Public for 1Qaho si ing at Meridian, Idaho 'ssion Expires: 08T~y9 AMENDED REZONE ORDINANCE - SCISCOE Page 4 ~~ r r; - ORDINANCE NO. ~ ~ ~ ~~ ~~~ p.~ GcT~ ~~~°/s~ ~.~~ ~~ ~, AN ORDINANCE OF THE CITY OF MERIDI' ~N~Jj` ~NING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF SECTION 3, T.3N. , R.1W. ~tB~ ADA,_. OOONTY. IDAHO, AND PROVIDING AN EFFECTIVE DATE. RE~G ~-.:~ ._ ::_~~~~~T CsF ~/~~ ~ WHEREAS, the City Council and the Mayor of the Ci ~ of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of .land located in the SW 1/4 of Section 3, T.3N., R.1W., B.M., Ada County Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 3 and 4, T.3N., R.1W., B.M., as same was re-established by LS 972 (CP&F Instrument No. 7852146, records of Ada County, Idaho) ; from which the corner common to Sections 3, 4, 9, and 10 bears South 00°38'11" West, 2651.19 feet; thence South 00°38'11" West along the section line, 637.89 feet to the REAL POINT OF BEGINNING. Thence South 88°55'31" East, 1979.25 feet to a point on the East boundary of the West half of the NE 1/4 of the SW 1/4; thence South 0°30'11" West, 498.42 feet along said East boundary to the Northerly corner of Lot 10, Block 6, of Golf View Estates No. 2 Subdivision; thence along the North boundary of Golf View Estates No. 2 Subdivision for the next four courses: Thence South 00°30'11" West, 27.27 feet to a point; thence 87.80 feet along the arc of a non-tangent curve to the left, having a radius of 150.00 feet, a central angle of 33°32'08", and a long chord bearing North 84°00'56" West, 86.55 feet to a point; thence South 79°13'00" West, 17.30 feet to a point; ANNEBATION ORDINANCE - ASHFORD C3REENS Page 1 thence North 89°19'47" West, 496.88 feet to a point; thence departing said North boundary of Golf View Estates No. 2 Subdivision North 89°19'47" West, 76.70 feet to a point; thence North 89°18'03" West, 1303.70 feet to a point on the West boundary of said Section 3; thence North 00°38'11" East, 534.42 feet to the Real Point of Beginning. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. ANNEBATiON ORDINANCE - ASHFORD GREENS Page 2 f. Meet the requirements Fact and Conclusions the City of Meridian. and conditions of the Findings of of Law and meet the Ordinances of Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~'~day o ~~, 1994. ~PCP~'d/~2h APPROVED: MA OR -- GRANT P. KI SFORD ATTEST: I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF SECTION 3, T.3N., R.1W., B.M., ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 666 , by the City Council and Mayor of the City of Meridian, on the ~ ~• day o ~s~, 1994, as the same appears in my office. f~ DATED this ~®°° day o „~* , ~, 1994 . ~ ~~C2~vI,6P _ ~ ~,~~w~, .~°~ w „ ., ., .. n,. ~ ., ~._ City Clerk, City of Mari i~ `~~. ~' ~°'= ® ~ ~ ~ Ada County, Idaho ~~ ~~~ °~ ANNEBATION ORDINANCE - ASHFORD GREENS (, STATE OF IDAHO,) ss. County of Ada, ) On this ~ day of eces-6er 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. e-®e-ee®ee„~®g ®®aoa®G E L . ~ ®®®e SEAL ®° ~ a~' o ~ ~~ ®~~4D'~~~ ~ °~ ~ e ~ a~ ~~~®~®~ ~~ °aeaano------ blic for Idaho at Meridian, I Sion Expires _ ANNEBATION ORDINANCE - ASHFORD GREENS Page 4 a_ ~ / AMENDED ORDINANCE NO. 617 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN GOVERNMENT LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real. property described as: A tract of land situated in Government Lot 1, Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northwest corner of the Northeast 1/4 of said Section 3, thence along the northerly line of said Northeast 1/4, said northerly line also being the centerline of Ustick Road South 89°06'49" East a distance of 2640.70 feet to a found brass cap monumenting the Northeast Corner of said Section 3, thence continuing along said northerly line North 89°06'49" West, a distance of 285.88 feet to a set steel pin, thence leaving said northerly line South 00°24'24" West a distance of 25.00 feet to a set iron pipe on the southerly right-of-way of said Ustick Road, said iron pipe being the POINT OF BEGINNING. Thence continuing South 00°24'24" West a distance of 128.00 feet to a set steel pin, Thence South 89°06'49" East a distance of 30.12 feet to a set steel pin, Thence South 00°24'24" West a distance of 127.97 feet to a set steel pin, Thence South 47°56'24" West a distance of 444.20 feet to a set steel pin, AMENDED ORDINANCE - ENGLEWOOD Page 1 Thence South 56°21'24" West a distance of 166.63 feet to a set pin, Thence North 88°01'53" West a distance of 60.65 feet to a set steel pin, Thence South 62°38'00" West a distance of 164.88 feet to a set steel pin, Thence South 75°34'00" West a distance of 80.45 feet to a set steel pin, Thence South 89°29'33" West a distance of 168.91 feet to a set steel pin, Thence South 53°59'09" West a distance of 62.16 feet to a set steel pin, Thence North 89°11'00" West a distance of 95.93 feet to a set steel pin, Thence North 00°26'04" East a distance of 792.79 feet to a set steel pin, Thence South 89°06'49" East a distance of 1034.39 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow 92 single family dwelling units on the parcel which would be an approximate density of 3.1 dwelling units per acre, which would be allowed in the R-4 Residential zone; 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 Applicant pay any development fee or transfer fee if adopted by the City of Meridian; as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de- AMENDED ORDINANCE - ENGLEWOOD Page 2 annexation if the owner shall not meet the following requirements 1. Plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed, and allow only single-family houses of at least 1,800.00 square feet, as agreed to by the Applicant, within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 4. Construct streets to and within the property. 5. Dedicate the necessary land from the centerline of Ustick and Ten Mile Roads for public right-of-way. 6. Allow only houses of at least 1,800 square feet. 7. Pay any development fee or transfer fee adopted. by the City of Meridian. 8. Enter into a development agreement as authorized by 11- 2-416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, K., L. and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set a side for a future park and relating to development of a greenbelt along Nine Mile Creek and co-ordinate with the Pathway Plan of Ada County. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of AMENDED ORDINANCE - ENGLEWOOD Page 3 this Amended Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~~ day of December, 1994. APPROVED: ~ "t,,- R -- GRANT P. INGSF RD ATTEST: CITY CLERIC -- WIL BERG ~' '~''~d °~ • fp. ~ ~ ~: ~~ ~a ~~~ ,~ 7 ~1 ~~ ~ ~~ ~ :~ ~ '?~ yg, w ~a '~'~~ '~„'' ~. l.~j' i :a 4ri1:- ~.7`, LIL~J ~tj is. , ~ , AMENDED ORDINANCE - ENGLEWOOD Page 4 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM HERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN GOVERNMENT LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 617 , by the City Council and Mayor of the City of Meridian, on the ~t?~day of DecefriYier, 1994, as the same ap ears in my office. ~,~~, DATED this ~~ day of 2CP~~~~` , 1994. .a.,• •w,,., - y ~~ a'ga P ~ ~s ~ r~W r~ ,,~, ~ ---- -- OF IDAHO,) ss. County of Ada, ) City Clerk, City of idian Ada County, Idaho On this ~~~"' day of December, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. F_ p^< SEAL y~~ :°, ~: ° P n ^' 0 r,' ~t ~' ~ s e~~ ~r~3 ~ s° 9 ~ ~ u M' ®~$ °00t°°eaee®u®p6°~ N y Public'f"or Idaho e iding at Meridian, Idaho AMENDED ORDINANCE - ENGLEWOOD Page 5 ~ ,. ~ L ~:...- r .c AMENDED ORDINANCE NO. 602 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING r~l`~ ~i~~~A$V~UT~bF~$.J PFOST S SUBDIVISION LOCATED IN THE ONW 1/4 OF THESSW ~/f~1/4 OF SECTION 6, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND r r F ~::-=-PR~V3'i~.fN;~- FFECTIVE DATE . 1~ht.u /~'~ WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A portion of Lots 3 and 4 of J. E. Pfost's Subdivision located in the NW 1/4 of the SW 1/4 of Section 6, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 1, T.3N., R.1W., B.M., and the said Section 6, from which the South 1/16 corner common to said Sections 1 and 6 bears South 0°25'30" East, 1324.06 feet; thence South 0°25'30" East, 548.50 feet to the REAL POINT OF BEGINNING Thence South 89°43'16" East, 165.02 feet to a point; thence North 0°53'00" West, 24.68 feet to a point; thence North 88°46'41" East, 118.19 feet to a point; thence North 1°13'19" West, 21.00 feet to a point; thence North 88°46'41" East, 75.47 feet to a point; thence North 83°42'10" East, 129.02 feet to a point; thence North 88°48'30" East, 389.42 feet to a point; AMENDED ORDINANCE - HIMERICH/DORADO Page 1 thence South 31°03'37" East, 414.87 feet to the Southeast corner of said Lot 4 of J. E. Pfost's Subdivision; thence South 88°34'59" West, 1087.46 feet along the South boundary of said Lot 4 and said South boundary extended to a point on the West boundary of the SW 1/4 of said Section 6; thence along said West boundary North 0°25'30" West, 311.04 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; that the reason for the R-40 zoning is to allow an apartment 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 shall 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 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 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 serve the property, construct streets to and within the property, or fails to meet the requirements 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 AMENDED ORDINANCE - HIMERICH/DORADO Page 2 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 (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~®~ day of ~C`y2~-2h' , 199 APPROVED: OR -- GRANT P. RI GS ORD ATTEST: ~ ~ .• ~ CITY CLERK -- WILLI G BERG, JR. ° gd~r p~-~ gam, p~ ~'~ ~i~ `~ ~~ ~, ~~~ ~ y a. k~ifpn ~~ AMENDED ORDINANCE - HIMERICH/DORADO Page 3 STATE OF IDAHO,) ss. County of Ada, j I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LOTS 3 AND 4 OF J.E. PFOST'S SUBDIVISION LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 602, by the C' y Council and Mayor of he City of Meridian, on the ~~~ day of ,QC2G,z,/aC~1~ , 199, as the same appears in my office. ~~. ~ ~'. ~' ~,;` ~ ` TED this ~f~ `~ day of ~~'~~~~ , 199 e~ ,, ~rY~~ ~" ' .1''` war v ,r a~ ~~ h,~xs ~ ~ ~ ~~ _ s}a,. ~, ~ Em-, ~•~' C °r h' d~' a ~~ tij, ~~''4 t ~ °.~~~ ~,'a ~ City Clerk, City of eri ian ~.,~~` ~~~• Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, j On this _ Z~'~' day of ~,P~e~6er , 199, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. e~eae®e~eea®,'® ~~®°~ ~ E L ®°®® v q. n ~ m SEAL . ~r ~~ ~ ~®~ ~ ~ o °® o o ~ ~e.0" gg~~ ~OO9~~~d B~ ~p ®~ 0~'0 eta Publ-1"c for Idaho Res'ding at Meridian, Idaho Co fission Expires: 099 AMENDED ORDINANCE - HIMERICH/DORADO Page 4