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HomeMy WebLinkAbout1994 12-06MERIDIAN CITY COUNCIL AGENDA TUESDAY, DECEMBER 6, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES FROM PREVIOUS MEETING HELD NOVEMBER 15,1994: (APPROVED) 1. TABLED NOVEMBER 15, 1994: DEVELOPMENT AGREEMENT FOR TUTHILL ESTATES NO.2 SUBDIVISION: (TABLED UNTIL DECEMBER 20,1994) 2. TABLED NOVEMBER 15,1994: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDIVISION NO. 5: (TABLED UNTIL DECEMBER 20,1994) 3. TABLED NOVEMBER 15,1994: FINAL PLAT FOR HARTFORD SUBDIVISION, 66 LOTS BY VIJYA LAXMI, INC.: (TABLED UNTIL DECEMBER 20,1994) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER. (TABLED UN71L DECEMBER 20, 1994) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: (APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW; CITY ATTORNEY TO PREPARE ORDINANCE) 6. PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: (TABLED UNTIL ORDINANCE APPROVED) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR HARTFORD SUBDIVISION BY VIJYA LAXMI, INC.: (APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW; VARIANCE DENIED) 8. AMENDED ORDINANCE #598 - DOVE MEADOWS/LEADER: (APPROVED) 9. AMENDED ORDINANCE #615 - MID VALLEY BUSINESS PARK: (APPROVED) 10. AMENDED ORDINANCE #619 - SUMMERFIELD ANNEXATION: (APPROVED) 11. AMENDED ORDINANCE #630 - WOLFE ANNEXATION: (APPROVED) 12. AMENDED ORDINANCE #635 - ELK RUN SUBDIVISION: (APPROVED) 13 AMENDED ORDINANCE #636 - TUTHILL SUBDIVISION: (APPROVED) 14. AMENDED ORDINANCE #644 - DORADO DEVELOPMENT: (TABLED UNTIL ORDINANCE #602 IS AMENDED) 15. AMENDED ORD$,NCE #650 - DAKOTA RIDGE ES ES: (APPROVED) 16. AMENDED ORDINANCE #661 - ST. LUKE'S/ C -G: (APPROVED) 17. AMENDED ORDINANCE #664 - FAWCETT MEADOWS NO. 2: (APPROVED) 18. AMENDED ORDINANCE #665 - ST. LUKE'S/THOMAS/C-G: (APPROVED) 19. ORDINANCE #679 - TREASURE VALLEY WORSHIP CENTER REZONE: (APPROVED) 20. CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER TABLED AT NOVEMBER 15, 1994 MEETING: (APPROVED) 21. FINAL PLAT: PATRICK SUBDIVISION BY RICK AND JANE PATRICK LOCATED IN MERIDIAN'S AREA OF IMPACT: (APPROVED WITH CONDITIONS) 22. PUBLIC HEARING CONTINUED FROM NOVEMBER 15, 1994 MEETING: VARIANCE REQUEST BY JOSEPH AND MARY DAROSA:(CITY ATTORNEY TO PREPARE AN ORDINANCE) 23. PUBLIC HEARING: REQUEST FOR AN IRRIGATION DITCH ABANDONMENT BY PATRICK AND MARIE MARRON: (APPROVED) 24. PUBLIC HEARING: REQUEST FOR A VARIANCE BY STEINER DEVELOPMENT: (TABLED UNTIL NEW FINAL PLAT IS SUBMITTED) 25. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR LAYNE INDUSTRIAL PARK: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 26. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TREASURE VALLEY BUSINESS CENTER BY JRN LLC: (TABLED UNTIL NOTIFICATION OF OWNERS IS RESOLVED) 27. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: (TABLED UNTIL DECEMBER 14,1994) 28. MARTY GOLDSMITH: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS SUBDIVISION AND LOS ALAMITOS SUBDIVISION: (APPROVED) 29. NELSON/McALVAIN: LATE COMERS AGREEMENT AND WATER LINE EXTENSION:(APPROVED) 30. GULL PEST CONTROL: REQUEST A 6 MONTH EXTENSION OF TEMPORARY SALES TRAILER AT 1720 FRANKLIN ROAD: (APPROVED) 31. KEVIN HOWELL CONSTRUCTION: REQUEST A ONE YEAR EXTENSION FOR CHAMBERLAIN ESTATES SUBDIVISION: (APPROVED WITH CONDITIONS) 31. PROCLAMATIO# TIME OF DRUNK AND DRUGGORIVER PREVENTION: 33. DEVELOPMENT AGREEMENT FOR CANVEST (VAN AUKER): (TABLED UNTIL DECEMBER 15, 1994) 34. DEVELOPMENT AGREEMENT FOR RAVEN HILL ESTATES SUBDIVISION: (TABLED UNTIL FINAL PLAT STAGE) 35. DEVELOPMENT AGREEMENT FOR LA PLAYA (BRANDON CREEK): (CITY ATTORNEY TO PREPARE ANNEXATION ORDINANCE) 36. WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 37. APPROVE BILLS: (APPROVED) 38. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER 1. BID RESULTS FOR MAN HOLE REHABILITATION: (APPROVED) 2. ENGINEERING AGREEMENT FOR TERTIARY FILTER AT WASTE WATER TREATMENT PLANT: (APPROVED) 3. ENGINEERING AGREEMENT FOR MERIDIAN ROAD SEWER LINE REPLACEMENT: (APPROVED) MERIDIAN CITY COUNCIL DECEMBER 6. 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 Corrie: MEMBERS ABSENT: Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Bruce Freckleton, Shari Stiles, Bill Gordon, Marty Goldsmith, Vernon Croft, Kenneth Grapatin, Pat and Theresa Marron, Gordon Slyter, Milt Smith, Tami Shoemaker, Scott Gull, Doug Bustrin, Wayne Forrey, Manual DaRosa, Gary Lee, Steve Warts, Mike Wardle, David Turnbull, Brian McCall, Jim Nelson, Steve Youngerman: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 15,1994: Kingsford: Are there any corrections to those minutes? Corrie: Mr. Mayor, I move that they be approved. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the November 15th minutes, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: The first 2 items on the agenda have been requested by the Engineer to be tabled, entertain a motion to that effect. Yerrington: So moved Morrow. Second Kingsford: Moved by Max and second by Walt to table items one and two, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: To deviate slightly from the agenda, item 3 is tied to item 7, what the Council would have to do if they approve that is to first approve or either approve conditioned upon approval of item 7, so with the Council's permission I would like to consider those 2 jointly. Morrow. Mr. Mayor, a technical question I guess is we wouldn't do those jointly we would Meridian City Council December 6, 1994 Page 2 take 7 first and approve the findings of fact. Kingsford: But we have to do tabled items first, so I want your approval to do that as old business. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to take items 3 and 7 together, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST FOR HARTFORD SUBDIVISION BY VIJYA LAXMI INC.: Kingsford: Has the Council reviewed those findings? Morrow. I would move that we approve the findings of fact and conclusions of law as written. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law as written for Hartford Subdivision, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea: MOTION CARRIED: All Yea Kingsford: Is there a motion to approve of the decision? Morrow. This is on the variance correct? Kingsford: Right. Morrow. So moved Corrie: Second • Meridian City Council December 6, 1994 Page 3 Kingsford: Moved by Walt, second by Bob to approve of the decision on the variance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Walt, you made the motion would you read the decision please? Morrow. Upon motion dully made and seconded the application of Vijya Laxmi Development Inc. for a variance from 11-9-605 E which variance would allow a block length greater than 1000 feet is hereby denied. Kingsford: Those findings can be picked up in the morning. ITEM #3: TABLED NOVEMBER 15,1994: FINAL PLAT FOR HARTFORD SUBDIVISION, 66 LOTS BY VIJYA LAXMI, INC.: Morrow. With the request for variance being denied, if the variance is denied the final plat as presented to us reflects an approval of that variance so it would appear to me that the final plat needs to be tabled pending correction of the final plat, so I would so move. Corrie: Second Kingsford: Moved by Walt, second by Bob to table the final plat for Hartford Subdivision until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: Has the Council reviewed those findings? Crookston: Mr. Mayor we do not have findings on those. Kingsford: My agenda says that we do. Crookston: That is what your agenda says but we don't have them. Kingsford: Will you explain that to me? Crookston: Yes I will, Shari Stiles and I have discussed this, what was presented to the Meridian City Council December 6, 1994 Page 4 City on the variance had a map with it that showed 6 parking spaces along the alley between this property and Circle K, it also showed 3 parking spaces on the north along Carlton Street. In preparation of the findings when I saw that map and I saw the application that they needed 9 off street parking spaces, I looked at the map and said well they have 9 off street parking spaces. So I had a discussion with Shari and I questioned how many parking spaces they actually needed. There was discussion between her and myself, ultimately it turned out that at least the parking spaces along Carlton may not be able to be done. Then I received the comments from Ada County Highway District which indicated that they parking spaces along the alley needed to be angled, that was not shown on the map. We thought that it was better to have some more input from the Shoemaker's, Shari I thought that we had discussed that she would contact the Shoemaker's, I don't know whether she did, but we need some more input on that. Specifically what actually can be done there. So we ask that the findings be delayed until we had that information. Kingsford: It is pretty much then what you and I talked about yesterday. Shari, did you contact the Shoemaker's? Stiles: Yes, I understood that they were going to be here tonight, but maybe something came up. Shoemaker: (Inaudible) Stiles: I talked to your husband when he brought that site plan in. Shoemaker. (Inaudible) He is supposed to be here, he met with you and all I know is that he showed you what we were supposed to draw up the 450 angles that you wanted to see that in there and he brought that. That is all I know that was revealed to me from him of your meeting. Maybe there was more but that was all I got from him, we don't know that there was anything more said about the Carlton parking that we cannot do at this time because of they are asking us to put in that big pit in that small area for 3 parking spots Mich cost more than the parking itself. That alone costs a lot, we have to knock down the shed to do it. We can put the 6 in the angled and he brought something to you, do these guys have it? Stiles: Yes Shoemaker: Okay, to be able to have the angled like the Ada County Highway I think it is, would like us to do. And then we can also have the one on Carlton for the handicapped that we had discussed at the last meeting, he shows that. We do plan to eventually put in more but at this time that is what we can put in. Meridian City Council December 6, 1994 Page 5 Kingsford: Counselor, Shoemaker: I know this is what we discussed last time too. Crookston: That certainly helps, a question that arose was the lighting that you propose, particularly along the parking in the alley. Shoemaker. There is a large light there already that is in the alley that will remain there. It is a big street light. Crookston: Is that along 1 st Street, or is it towards the back? Shoemaker. It is in the alley along E. 1 st but it lights up the entire backyard which will light up that entire parking area. It is bigger than your street lights that we have now on E. 1 st. Crookston: So, under your proposal then, you would have 6 parking places. Shoemaker: And the handicapped would make 7. Crookston: How many are you required to have? Shoemaker: Did it come out to be 9? Stiles: I believe so. Shoemaker: We were trying, was it 7,1 don't remember. You were going to check on that to how many square feet and, did you check on that specifically? Last meeting I remember we couldn't decide on if it is square feet or occupancy or whatever it was you were going to check on that. Stiles: Our ordinance requires the square footage, it is just based on square footage. So did you figure out exactly what that was. Kingsford: Was that what the 9 was based, square footage? So your request for a variance is from 9 to 7? Shoemaker: Right Kingsford: And that is then what you will deal with? Shoemaker: And that is basically to save that tree. Meridian City Council December 6, 1994 Page 6 Crookston: I have seen the new map that was brought in. That extends the parking towards the tree, how far does that extend it? Shoemaker: (Inaudible) it brings it farther west than the original 6 900, but the 900 was 20 foot plus the 5 foot walk and the 450 is a 15 foot distance. So it brought us back 5 feet. Crookston: By saying brought it back what do you mean? Shoemaker. It brought it back towards the alley at the south 5 feet farther away from the original. I could show you, there is a little bit left (inaudible) original comer of the 900, 6. Crookston: It was substantially farther away from the tree initially then this shows. Shoemaker: The 900, the Ada County Highway District required the 450. Even at 6, we are farther than we would like to be. That is where we are at, quite a bit that way and quite a bit into the trumpeter vines also. So, I am sorry I don't have it measured in feet, but the 5 foot going south I believe helps also. Crookston: Do you think that is going to interfere with the life of the tree? Shoemaker: If I had it my way I would like to reduce that to 5, because that 450 taken so far. We are at the mercy of the City here to try and find a compromise that is workable. Crookston: (Inaudible) the parking along Carlton, the 3 spaces that you showed on your initial map. When could you put those in? Shoemaker: Talking with Ada County Highway District we don't know if they will ever allow us to do that as drawn because it would cause them to back up onto Carlton and as you know they don't like that idea of having to back into a street, even a side street. So that is something the architect drew up and apparently at that point in time it had never gone before Ada County Highway District. Crookston: Is there anyway to extend that area to make it basically a parking lot where they would drive in and park along your west boundary. And then when they came out they would be facing out. T. Shoemaker. I know the architect looked at that at one time and didn't think it was able to do it without more footage because we have that building built there. Shoemaker: You would be in a situation where the only place they could back up is our proposed handicapped spot and obviously if somebody is there then there is not much • Meridian City Council December 6, 1994 Page 7 • room there to (inaudible) there is no room to turn a car around even if you took out that existing garage. Crookston: Thank you. Kingsford: Counselor, do you have adequate information for findings now? Crookston: I do, it just seems to me there might be a way to make parking along that west boundary though and then they would meet the ordinance and they wouldn't need a variance. I think it is fine along the alley. Kingsford: And you got your architectural degree the same time you got your law degree and all that is kosher. Crookston: Actually I had my architectural before. Kingsford: We are all in trouble. Your recommendation then is what, we have to table this to have findings. Crookston: Yes you do, you need findings. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the findings of fact and conclusions of law for a variance for Tami and Jamison Shoemaker until next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Kingsford: If we need anything they had better get with you and in advance of next meeting. (Inaudible) ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: Meridian City Council December 6, 1994 Page 8 Kingsford: Raven Hill encompasses items 5, 6 and 34. The last of those with the Council's permission I would like to take those jointly. It is most appropriate to deal with item 34 probably first, 34 being the development agreement. Morrow. And we don't have a copy of that document before us. Kingsford: It has been reviewed by Wayne and Shari, it was sent back to the developer or his agent when? Berg: Monday or Tuesday. Stiles: The problem with the development agreement on Raven Hill is that the findings were just prepared and so items in the findings are not incorporated in that development agreement. That is one of the problems with doing the development agreement prior to any ordinance because we just got the findings and you have yet to act on those findings. I have to incorporate items from those findings into the development agreement and it hasn't been done. Kingsford: Doesn't the development agreement say we have to do the other stuff first though too. Don't we still have a catch 22 in that system? Stiles: I think when the ordinances are prepared and say that they must agree to enter into a development agreement, but I don't believe you would have to enter into a development agreement prior to it even being annexed. ICngsford: So you are saying we can do items 5 and 6 and worry about the development agreement when that comes up. Stiles: Yes, I would still like to be able to do the development agreements at the final plat stage after all the conditions are known. Kingsford: Counselor, how does that meet with you and the legal profession. Crookston: I don't really have an objection to that, the only thing is that the way we have consistently processed the development agreements is to require that they be entered into prior to the annexation. If you want to change that we can do that. Kingsford: Well, continuously we have had a problem with doing that because a person may or may not exercise an option on property. And so that has been the problem from the beginning. • Meridian City Council December 6, 1994 Page 9 Crookston: I would agree with that it is really in my mind a question to who goes first, and if you want the City to go first we can do that. If you want the developer to go first we need to stay with what we have. Kingsford: Well, seeing 3 councilmen I am sure I won't break a tie so it becomes what you want. Morrow. What is the down side of delaying the development agreement until the final plat? Crookston: Because then the property would be annexed and it is upon annexation that the City has the most control. If it is already annexed then that maximum amount of control is lost. But I certainly understand the dilemma. Morrow. The only way to solve what you are saying is if we do the development agreement up front, then the thing gets amended or could be amended several times by the time it gets through the final plat stage and approved at the final plat. Crookston: That is true too. Morrow. I think from my perspective for the sake of efficiency we would be better off doing the development agreement at the final plat and it seems to me that maybe we could structure the annexation ordinance or the annexation agreements so that if we are not able to come to a resolution on the development agreement then the annexation doesn't occur or there is some step to de -annex. Does that make any sense? Crookston: In theory it makes good sense. Morrow. But in reality? Crookston: Well, the City has never de -annexed a parcel of property. So, I don't know what the necessary impact of that is going to be. Kingsford: We have numerous applications for annexation that are requested by a current owner based on a sale to someone else that the sale won't take place if they don't get annexed and zoned. Morrow. The other side of the coin is we can zone and annex somebody but we never have to approve their plat. So unless they come to our way of thinking. Kingsford: You have it annexed and it meets our ordinance. You have a pretty good obligation to decline to approve that plat. Meridian City Council December 6, 1994 Page 10 Morrow. What are your thoughts? Kingsford: I don't think you are ever going to annex anymore land which may or may not be a good idea, but you are never going to annex more land (inaudible) annexation stage. Morrow. I don't have a problem doing it at the final plat stage. It looks to me like we need to research some safeguards that we can build into the process somewhere. Kingsford: On a lot of those things you already have an ordinance for bonds and so on, we haven't used them but we have some abilities there. Morrow: I think the point is clearly the research has been going on at least from my perspective the last couple weeks is that we are going to come to rely on bonds fairly heavily in a fairly short time frame. Given the changes that we are making and how we are approaching these things. So, I have no problem with doing it, from my perspective, no problem with doing it at the final plat stage. Kingsford: Would you make that in the form of a motion and we will deal with these items and table 34 until that time. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to move the development agreements until the final platting stage of the process, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Have you reviewed those findings? Is there a motion to approve? Corrie: So moved Morrow. Second Kingsford: Moved by Bob, second by Walt to approve the findings of fact and conclusions of law for Raven Hill subdivision, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea Meridian City Council December 6, 1994 Page 11 Crookston: I believe that the findings reflect that the development agreement should be done before annexation. So you should strike that. Morrow. Mr. Mayor, if I might, under the decision it simply says specifically including the development time requirements, and enter into the required development agreement, and that if the conditions are not met that the property not be annexed. So that doesn't set a, the way it is written it doesn't set a date. Crookston: Yes it does, it says if the requirements are not met the property not be annexed. That would indicate that you have to have the development agreement prior to the annexation. What you have read is in the decision, but that is reflected within the findings. Morrow: Mr. Mayor, can I move to withdraw the motion? Kingsford: It has been approved let's have a motion to re -consider. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to reconsider item 5, the findings, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Do you want to amend the findings? Morrow. Yes, Mr. Mayor I would like to move at this time to amend the findings to strike any reference to the development agreement. Crookston: I was just going to say you don't want to strike the entire. Morrow. No, strike the development agreement as being a requirement prior to annexation and moving it to the final plat. Requiring the development agreement to be in place at the final plat time. Corrie: Second Kingsford: Moved by Walt, second by Bob to amend the findings to strike development agreement at the annexation time and have it at final plat, roll call vote. L' Meridian City Council December 6, 1994 Page 12 ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. I would move that the Meridian City Council hereby decides that the property be annexed and zoned as requested, if the applicant meets the conditions set forth in these findings of fact and conclusions of law. Specifically including the adoption of a homeowners association with mandatory dues, that the applicant and owners are specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation. That the applicant meet all of the ordinances of the City of Meridian, specifically including the development time requirements, enter into the required development agreement at time of final plat. And if the conditions are not met that the property not be annexed or if these conditions are not met that the land be de -annexed. That no annexation ordinance shall be prepared or adopted until the applicant, scratch that entire sentence. Kingsford: A motion on the amended decision? Morrow. I move to approve the amended decision. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the amended decision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: The next item then would be to have the Council prepare an ordinance. Yerrington: So moved Morrow. Second Kingsford: Moved by Max, second by Walt to have the City Attorney prepare annexation and zoning ordinance for Raven Hill Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: L� Meridian City Council December 6, 1994 Page 13 • Kingsford: Counselor, are you still saying it is appropriate to table that until it is actually annexed, what is your posture now on that issue? Crookston: I think we should not approve the plat until the property is annexed. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the preliminary plat until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Okay, if the audience will bear with us we have a whole series of amended annexation ordinances that were because of typos, inappropriate or incorrect legal descriptions and so on and this is one of the things that motivated the City to require those things be by either a licensed surveyor or engineer as we were getting them off title reports and they are incorrect and the Assessor shoots them back to us. ITEM #8: AMENDED ORDINANCE #598 - DOVE MEADOWS/LEADER: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SE 1/4 OF THE SW 1/4 OF SECTION 5, T. 3N, R. 1E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Amended Ordinance #598 read in its entirety? Seeing none I would entertain a motion to approve of Amended Ordinance #598. Morrow. Mr. Mayor, I would move that we approve Amended Ordinance #598 with the suspension of rules. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of Amended Ordinance #598 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea Meridian City Council December 6, 1994 Page 14 ITEM #9: AMENDED ORDINANCE #615 - MID -VALLEY BUSINESS PARK: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING SOUTH OF 1-84 IN THE SW 1/4 OF THE SW 1/4 OF SECTION 17, 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 #615 read in its entirety? Is there a motion on Amended Ordinance #615? Yerrington: Mr. Mayor, I make the motion that we approve #615 with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve Amended Ordinance #615 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #10: AMENDED ORDINANCE #619 - SUMMERFIELD ANNEXATION: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NW 1/4 OF THE SW 1/4 AND THE SW 1/4 OF THE SW 1/4 AND A PORTION OF THE WEST 1/2 OF THE SE 1/4 OF THE SW 1/4 IN SECTION 32, T.4N, R. 1E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have that read in its entirety? Entertain a motion on Amended Ordinance #619. Come: Mr. Mayor, I move that we approve Amended Ordinance #619 with suspension of the rules. Morrow. Second Kingsford: Moved by Bob, second by Walt to approve Amended Ordinance #619 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea Meridian City Council December 6, 1994 Page 15 MOTION CARRIED: All Yea ITEM #11: AMENDED ORDINANCE #630 - WOLFE ANNEXATION: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SECTION 6, T.3N, R.1 E, NW CORNER OF MERIDIAN ROAD AND BLUE HERON LANE, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Amended Ordinance #630 read in its entirety? Is there a motion on Amended Ordinance #630? Morrow. Mr. Mayor, I would move that we approve Amended Ordinance #630 with suspension of the rules. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve Amended Ordinance #630 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #12: AMENDED ORDINANCE #635 - ELK RUN SUBDIVISION: IGngsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4 OF SECTION 34, T.3N, RAW, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Amended Ordinance #635 read in its entirety? Is there a motion? Yerrington: Mr. Mayor, I move we approve Amended Ordinance #635 with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve Amended Ordinance #635 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea • Meridian City Council December 6, 1994 Page 16 MOTION CARRIED: All Yea • ITEM #13: AMENDED ORDINANCE #636 - TUTHILL SUBDIVISION: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRIANGULAR SHAPE PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2, T.3N, R.1 W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public who would like to have amended ordinance #636 read in its entirety? Is there a motion? Corrie: Mr. Mayor, I move that we approve amended ordinance #636 with suspension of the rules. Morrow. Second Kingsford: Moved by Bob, second by Walt to approve Amended Ordinance #636 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #14: AMENDED ORDINANCE #644 - DORADO DEVELOPMENT: Kingsford: Bruce, explain to the Council what the problem is with Amended Ordinance #644? Freckleton: The original annexation ordinance that took in the Dorado piece was Ordinance #602, when it was passed the parcel that the Scicoes are on Marion Himerich's old house, it was mistakenly excluded from #602, it should have been included. Then when #644 came along everyone thought that piece was included in #602 and ##644 originally came through as a rezone and not an annexation. After tracing legals out we found that the Sciscoe piece was erroneously left out. So, we can't rezone something that is not in the City. Kingsford: So what are you suggesting is our remedy? Freckleton: I think probably the best solution, I have talked with Wayne Crookston about this, probably the best solution is to amend Ordinance #602 to include the Sciscoe parcel that was originally intended and then to process an amended ordinance #644 to rezone 0 Meridian City Council December 6, 1994 Page 17 the 2 parcels that border Meridian Road. And that would follow the intent that the whole, how it all came about. Morrow. So does that mean at this point then that there is no point in pursuing item #14 until we have those things in place because the information that we have before us then doesn't follow that path that you are explaining. Kingsford: If I am understanding this correctly which I rather doubt at this point, you are suggesting then that we amend #602 to include this piece and #602 was an illegal annexation? Freckleton: No, #602, the Himerich parcel was thought to be included in #602 when it was originally passed. Kingsford: But #602 is a faulty legal description is it not, is why we have now Amended Ordinance #644? Freckleton: No, #644 came about because they wanted to rezone the front 2 parcels from R-40 and they wanted a commercial zone for those 2 parcels that are adjacent to Meridian Road. And so that is how #644 came about as a rezone request. It was during that process that we found that this Himerich parcel (inaudible). Kingsford: Is there a motion then to table item 14? Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table Item #14, Amended Ordinance #644, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: AMENDED ORDINANCE #650 - DAKOTA RIDGE ESTATES: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NW 1/4 IN THE NE 1/4 OF SECTION 3, T.3N, R.1W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance #650 read in its entirety? Is there a motion? • Meridian City Council December 6, 1994 Page 18 • Yerrington: Mr. Mayor, I move for the approval of #/650 with the suspension of the rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve Amended Ordinance #650 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #16: AMENDED ORDINANCE #661 -ST. LUKE'S/C-G: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST 1/2 OF THE SE 1/4 OF SECTION 17, T.3N, R. 1E, B01SE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Amended Ordinance #661 read in its entirety? Is there a motion? Come: Mr. Mayor, I move that we approve Amended Ordinance #661 with suspension of the rules. Morrow. Second Kingsford: Moved by Bob, second by Bob to approve of Amended Ordinance #661 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #17: AMENDED ORDINANCE #664 - FAWCETT MEADOWS NO. 2: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NW 1/4 OF SECTION 19, 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 #664 read in its entirety? Is there a motion? Morrow. Mr. Mayor I would move that we approve the Amended Ordinance #664 with the suspension of rules. Meridian City Council December 6, 1994 Page 19 Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of Amended Ordinance #664 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #18: AMENDED ORDINANCE #665 -ST. LUKE'S/THOMAS/C-G: Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND LOCATED IN THE W 1/2 OF THE SE 1/4 OF SECTION 17, T.3N, R.1E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like to have Amended Ordinance #665 read in its entirety? Is there a motion? Yerrington: Mr. Mayor, I move that we approve Amended Ordinance #665 with the suspension of rules. Corrie: Second Kingsford: Moved by Max, second by Bob to approve Amended Ordinance #665 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea (End of Tape) ITEM #19: ORDINANCE #679 - TREASURE VALLEY WORSHIP CENTER REZONE: Kingsford: (Inaudible) CHANGING THE REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 1, 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 Ordinance #679 read in its entirety? Corrie: Mr. Mayor do we need to amend this one to take the one Meridian? • Meridian City Council December 6, 1994 Page 20 is Kingsford: I would hope that the Counselor can come up with a cover sheet that is correct at no charge to the City. Corrie: I will move we approve ordinance #679 with the suspension of rules. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of Ordinance #679 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #20: CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER TABLED AT NOVEMBER 15, 1994 MEETING: Kingsford: Council, have you had time to investigate that? Any questions of staff? Morrow: I guess my only questions would be directed to Gary and Shari, if they have any problems with this proposed conditional use permit? Kingsford: Shari is indicating in the negative, Gary? Morrow. Every thing is fine, in the proper format that needs to be in terms of the application? I have no further questions. Kingsford: Questions of the rest of the Council? Is there a motion then to approve of the conditional use permit? Morrow: So moved Morrow. Point of clarification, we don't need findings on these because they were the same findings for the conditional use as for the rezone. We can just move to approve the conditional use. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the conditional use permit for Treasure Valley Worship Center, roll call vote. • Meridian City Council December 6, 1994 Page 21 • ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea MOTION CARRIED: All Yea ITEM #21: FINAL PLAT: PATRICK SUBDIVISION BY RICK AND JANE PATRICK LOCATED IN MERIDIAN'S AREA OF IMPACT: Kingsford: Does Council have any questions on that? Morrow. I have questions with respect to comments that were given to us by Bruce Freckleton, could you elaborate on your comments there with item #3, the 1993 Comprehensive Plan and the dry line sewer and water mains and how that affects this proposal. Freckleton: I kind of threw that comment out as an item for discussion. It was brought up as policy in the Comp Plan. Smith: Mr. Mayor, Councilman Morrow, Council members, I think the intent for this requirement in the Comprehensive Plan was to see that we had these dry lines installed ahead of development and I think there is a condition that Shari may want to address in terms of future re -subdivision of these large lot plats. In the case of the sewer line we don't really know elevations at this juncture. It would be extremely difficult to install sewer lines in a dry form because we don't have elevations to build to. The ultimate discharge point for the sewer is some distance to the west. There is no alignment that has been determined. That requirement from the Comprehensive Plan I don't believe is workable at this point. The water lines are a different situation because those don't require any particular gradient. Kingsford: Now is this subdivision going to be a community well service anyway, so those lines effectively would be in place, am I correct? Smith: Well, this is a 2 lot subdivision. Kingsford: It is a shared well though right? Smith: I don't know what the water situation is whether there will be an individual well or not. But an individual well could be drilled for each lot if a well does not exist. Morrow. I think his reference in terms of the water lines would be City water lines. Kingsford: Correct, but what I am saying is if a 2 lot subdivision is served by the same well C Meridian City Council December 6, 1994 Page 22 • you are going to have in essence a line. There needs to be a dry line and we are already talking about one being connected, are we not? I guess our ordinance regards to and through though would still be in effect. Smith: Right, I think Shari probably should address this but the intent of this provision in the Comprehensive Plan I believe is to provide for future re -subdivision of the property without impacting what may be developed at this time. Shari says that is true. Morrow. It appears to me on her letter dated November 18th that apparently this subdivision is a result of the property owner wanting to build an additional single family home, has that been confirmed? What we are doing is taking a 12 1/2 acre parcel of ground and apparently making it into 2 lots, both of which will have the potential to be resubdivided, is that assumption on my part correct? Stiles: I believe so, I don't really know their intent when they did it but I would assume it is just in order to build another home. Morrow. Given that, the to and through, we don't even have adjacent water service to this do we? So it is not possible to put City water lines of 6, 8 or 10 inches in diameter to and through it, is that correct Gary? Smith: That is correct. Kingsford: To put in a water line dry line is going to be a health problem to leave it sit uncharged? Smith: Yes, Mr. Mayor, I think we have a similar situation that developed out south of town on Country Terrace Estates where they had a water line installed out in Overland Road as part of their original development. When our water line came down Overland Road we didn't utilized that line, it was abandoned, it was never used. So, it really didn't, because it had been there so long, I think everyone was afraid of it, and rather than try and utilize it they just went around it. It is, unless you have, in this particular case if these lots are resubdivided they are of such a size that the utilities could be installed at a later date without impacting anything. Kingsford: Any other questions of staff? Is the Council prepared to take action? Morrow. Mr. Mayor, I would move that we approve the final plat for Patrick Subdivision subject to staff conditions and also I would like to add subject to that there be no further resubdivision without annexation and zoning into the City and meeting all the requirements of a regular subdivision process. Meridian City Council December 6, 1994 Page 23 Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Patrick Subdivision subject to staff comments and further to require that before it could be resubdivided that it would be necessary to be annexed and meet the city requirements, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: PUBLIC HEARING CONTINUED FROM NOVEMBER 15, 1994 MEETING: VARIANCE REQUEST BY JOSEPH AND MARY DAROSA: Kingsford: At this time I will re -open that public hearing and invite the owner or his designee to speak first? Manual DaRosa, 2615 Springwood Drive, was sworn by the City Attorney. DaRosa: I don't have anything to proceed with, if you have questions I would be more than happy to answer them. Kingsford: Does the Council have any questions for Mr. DaRosa? Morrow. Can you give us a brief over view of what your project is and why you need the variance and those kinds of things? DaRosa: My parents own a 2 story home built in 1903 here on the comer of East Pine and East 2nd across from the medical center. We wanted to keep it as a land mark in the City of Meridian and decided that residential wasn't the proper way to do that. We put in a conditional use permit to change it professional office space and we have put quite a bit amount of money into it and we feel it would be a nice addition commercial wise to Meridian. It has, we have done the necessary, the Ada County Highway District improvements, 2 new sidewalks and a pedestrian ramps. We are just about complete at this time, however we did have a problem with the parking situation and so we are putting in a variance asking for the on street parking which is on Pine and on East 2nd Street. Kingsford: Any questions of the Council? Corrie: This is a professional building not a commercial, am I correct? DaRosa: It is a residential home being changed into professional offices. • Meridian City Council December 6, 1994 Page 24 Morrow. There is no area for off street parking? • DaRosa: The lot was cut back in the early 1900's and so what is behind us we don't have towards the alley. And so we don't have enough room to put any parking spaces in there that would be adequate for that particular lot. So the answer is no we don't. Corrie: You have no parking spaces at all is that correct? DaRosa: No we do not. Morrow. Is this not in Old Town? DaRosa: It is. Morrow. Was there a conditional use permit required for the conversion of the residence to a professional building? Stiles: They have done that. Morrow. And this is a variance for one of the conditions in that conditional use permit? DaRosa: That is correct. Kingsford: Do you know at this point who the office space, or what kind of a person that will be in there. Would it be somebody that would track for example a certain amount of traffic or is it an office. For example, is it, say an insurance salesman someone that has people coming and going constantly or do you have somebody that maybe be a firm that takes in accounting and doesn't have walk in traffic? DaRosa: We have had 2 or 3 calls on it so far, one was Crusades for IGds and I was really hoping they would move in because I would like to see that, that would work out really well down there. And that would have been basically administrative, (inaudible) CPA's and such at that point. So it would be less walk in traffic, but it is highly possible somebody would want to come in say as real estate agents or something of that nature. And there may be more of that in and out type of thing. Kingsford: Any other questions? DaRosa: Thank you ICngsford: Anyone else from the public that would like to offer testimony on this variance? 0 Meridian City Council December 6, 1994 Page 25 Seeing none I will close the public hearing. Counselor, since this was continued where are we at? Crookston: We need findings. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to prepare findings of fact and conclusions of law on the variance request by DaRosa, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #23: PUBLIC HEARING: REQUEST FOR AN IRRIGATION DITCH ABANDONMENT BY PATRICK AND MARIE MARRON: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. John Powell, 3561 Minuteman Way, Boise, was sworn by the City Attorney. Powell: Mayor and Councilmen, I was requesting an abandonment of this ditch on behalf of owners of Lot 6. 1 was originally the developer of the Subdivision which is called Ariel Estates. At the point in time that this subdivision was originally platted, the one individual that was served or received irrigation water from that ditch, Mr. and Mrs. Burt it was unclear whether or not he wanted to come into our pressurized irrigation system. At the point that we received our final plat and put the system in they decided that they were actually brought into the pressurized system. So at this point in time that section of ditch in that northeast comer of the property serves no function or purpose. It does not receive any water and it does not deliver any water. Additionally much of the ditch leading up to that point in the process of platting that subdivision was actually abandoned and filled in with dirt. At the time the development was platted there were provisions made such that this service ditch that wound up all across the property was actually going to be straightened out and the water was going to be delivered to that ditch again in the northeast comer there. But because of the pressurized system it eliminated us needing to do that. Kingsford: Any questions of John from the Council? Morrow. The ditch you are asking to vacate doesn't serve anybody now and it is not • Meridian City Council December 6, 1994 Page 26 capable of receiving any water from any place at all? • Powell: At this point in time the ditch that actually proceeds up to this point it has actually been abandoned and a large portion of it has been filled in. The individuals that are actually just to the east of this both of them that have the 5 acre parcels to the east they also are in our pressurized irrigation system. So they are sprinkling irrigating too. So at this point in time the ditch is still existing on their properties but I would anticipate that they would also be filling those in. Morrow. I have no further questions. Kingsford: Any other questions of the Council? Thank you John, anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing, Council members. Morrow. Does this take findings of facts? Crookston: No Morrow. I would move that we approve the request for the abandonment of the irrigation ditch by Patrick and Marie Marron. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the request to abandon ditch by Patrick and Marie Marron, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #24: PUBLIC HEARING: REQUEST FOR VARIANCE BY STEINER DEVELOPMENT: Kingsford: At this time I will open that public hearing and invite the developer or his designee to speak first. Wayne Forrey, 52 East Franklin Road, was sworn by the City Attorney. Forrey: Mayor and Council I have a short description of the variance I would like to hand out if that is alright. I am here tonight representing Steiner Development who is currently developing Cherry Lane at the Lake Subdivision No. 3. And then beginning the final plat phases of 4 and working on phases 5 and 6. After final plat for Unit No. 3 was approved • Meridian City Council December 6, 1994 Page 27 .7 by the City and then Steiner development went to builders to start asking about interest in buying the lots. Several builders mentioned that Lot 16 on the plat was much too large, I think it is 19,300 square foot lot because of the configuration of the fairway when it was initially laid out it just ended up being a large super lot you might say. And builders said we would never buy a lot that big, almost 1/2 acre in size next to a fairway. Is there anyway we can reduce that down. So we went back to the drawing board and found that if we could split that big Lot 16 into 2 lots which would be new Lot 16 and Lot 17 they would both exceed 8,000 square foot minimum in the R-4 zone and it would make them marketable. It also created a problem in that there is now 54 foot street frontage on Lot 17 and 56 feet on Lot 16, it is the area in yellow shown on the map. So we applied for a variance to ask the City if it would be possible to reduce the street frontage on those 2 lots and have 2 we think better more marketable lots that fits with the character in that area. There is a possibility this is of interest to the City. It hasn't been a requirement it is an offer. Now that the fairways have been laid out there is a possibility that the back end of lots 16 and 17 could actually be given to the fairways to square it off a little bit better and that is denoted there in the cross hatch area. That might make that fairway open up a little bit at the beginning drive rather than the way it is figured here. I would be happy to answer any questions. Kingsford: If that donation were to be accepted that would still leave those lots in excess of the R-4 requirements. Forrey: Yes, they are about 8400 square feet and the length of depth would be 118 feet instead of 128 that is a 10 foot depth shown in the hatch area there. So they are still good sized lots. It is the street frontage that is the problem with the ordinance. Kngsford: Questions of the Council? Thank you Mr. Forrey, anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. Comments or questions for the staff? - Morrow. Yes, Shari's comments with regard to her letter on December 2nd. Could you comment for me, the variance request is unclear, the applicant speaks to a 19,000 square foot super lot that does not exist. All the maps submitted with the application are of the preliminary plat, as the final plat was approved in July I would recommend that the configuration shown on the final plat be accepted in accordance with the conditions of that approval and that the variance for the frontage of Lot 16 and 17 of Block 2 only be granted, could you give me some guidance there as to what you are referring to? Stiles: Well, I was confused because the maps that were submitted were of the preliminary plat, the final plat has been approved and showed lots 16 and 17 with frontages less than 80 feet. I don't know if they are asking for those approved lots with less than 80 foot Meridian City Council December 6, 1994 Page 28 frontage as they were presented and approved or if it is a further splitting of what was approved at the final plat. I didn't understand what was submitted. Kingsford: Wayne, do you have both of those maps with you? Forrey: Mr. Mayor, Councilman Morrow, I am confused to. What we submitted was the final plat that shows Lot 16 as 19,300 square feet and an 80 foot frontage. Kingsford: That must be in fact 110 foot frontage. Forrey: Let me check the tangent here on the curve. Well, it is 122 feet. In any case here is (inaudible). Kingsford: That is what I remember looking at with you and Steiner Development. Would you hand that to Shari please. Stiles: The application shows the preliminary plat maps. Kingsford: This is the final plat then here Shari is that what you were making your notes from, you were making them from the preliminary. Stiles: This is not the final plat I have in my file. That is why I am confused because 16 and 17 in the final plat that were approved already had frontages less than. Kingsford: So they look like what you have here now/? Stiles: The final plat I have in my file does not look like this. Kingsford: The plat bandito strikes again. Forrey: I don't see Doug here, I am not aware of any other plat. Kingsford: This is the plat that I remember, it was a large lot, but I don't remember changing that. Forrey: Maybe the City has an earlier version, I don't have that earlier version with me, but this is the plat we have been operating under in terms of the description of the fairways and lots. Corrie: Just out of curiosity what happened to the 12 feet between yours and hers (inaudible). You said 122 and this comes out 110? • Meridian City Council December 6, 1994 Page 29 Kingsford: Did you adjust then Lot 18? Forrey: I am sure there is a little adjustment. Kingsford: So 19 and 18 may have been adjusted as well. • Forrey: Probably, yes because here it is 82 feet and it is 80 now, so there was a little adjusting. Kingsford: This is dated June 8th of 1994 and shows a different configuration. Forrey: This is July 7, 1994. Kingsford: Any idea what this is? This then is not what was approved as final plat. Forrey: I don't believe. This is a month later version, maybe that was submitted for red line. Kingsford: My recollection is that we had a discussion on this at an earlier meeting because the question that came up was the access still through to the north and that sort of thing. Forrey: Correct, none of that changes. Kingsford: So, Shari, then viewing this your comments then be different? Stiles: I would have no problem, I have just never seen that map. Gary has never seen that map. Kingsford: He has this one here? Kingsford: We might have to get to a policy when people submit maps to us that are changed we may have to give them back the old ones. Corrie: Mr. Mayor, which have we approved now? It sounds like a stupid question. Forrey: I am kind of wondering the same thing, but according to the developers records it was the July 7, 1994 drawing from Pacific Land Surveyors of the final plat of Cherry Lane at the Lake No. 3 Subdivision. Corrie: So that doesn't have lot 17 and 16 on it? • Meridian City Council December 6, 1994 Page 30 Forrey: No, it does not it has been, well (inaudible). • Morrow. It appears to me we need to find out which plat we approved. Kingsford: How did you handle the sequencing then of those numbers, then Wayne? Let me look at that again? (Inaudible) Kingsford: So the whole thing gets renumbered. Forrey: If the variance is approved then it would be a new final plat would have to prepared showing those changes. Morrow: Let me ask you this, if Lot 18 was 82 feet and went down to 80 feet and Lot 17 and 16 are 54 and 56 that is 110 and you are saying the tangent is 122? Kingsford: What he is saying is that 18 and 19 were reduced on this. Forrey: There were some shifts of the line so to speak where they had maybe 83 or 84 foot lot frontages the ordinance requires 80 they have all been placed at 80 feet now. And then that left the 110 down at the bottom there splitting that just the 54 and 56. Morrow. So the new tangent is 110 and not 122. Forrey: Correct. Morrow. I don't have any questions other than just exactly what plat we approved. Kingsford: I guess we are going to have to have findings so that is something that can be researched and part of the findings, am I right Wayne. Crookston: Also, it seems to me that if the variance is granted you are going to be back to amending your final plat. Forrey: Steiner would prefer to just submit a new final plat, just put it back on the agenda for, whether it would be a new plat action or an amended plat of Subdivision No. 3. Kingsford: Has this one been recorded? Forrey: It is about ready to be recorded. Meridian City Council December 6, 1994 Page 31 Kingsford: (Inaudible) it would have to amended. Forrey: That is the applicant's preference, just clean it up with new maps. Stiles: This map is dated 2 days after the final plat was approved. So it is not in our files at all. Gary Smith does not have it in his file, he has the same thing I have. Kingsford: I guess that answers that question. It would seem to me Wayne that the best approach might very well be although we need to go ahead with the public hearing, and possibly continue it until such time a new final plat comes in because we are being asked a little more than just a variance. Any other questions for Mr. Forrey? Anyone else from the public that would like to offer testimony on this issue. Crookston: Mr. Mayor, you had previously closed the hearing. Kingsford: I would think it would be appropriate to reopen it and continue it until (inaudible). Crookston: Well, reopen it to have what has recently been testified to by Gary, Shari and Wayne as part of the hearing record. Kingsford: In light of Counselors review and the (inaudible) reopen the public hearing and ask the Council to include those items regarding the plat and Shari's and Gary's comments and Wayne Forrey's comments. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to include in the public hearing those things that were brought out in terms of Wayne, Gary and Shari's comments after I closed the public hearing, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Now it is reopened, is there anyone from the public that would like to offer testimony after that. I will close the public hearing. Corrie: Mr. Mayor, I believe it would be appropriate now to have findings of fact and conclusions of law be drawn up. • Meridian City Council December 6, 1994 Page 32 • Kingsford: I think probably the more appropriate thing would be to table the variance request until a new final plat is submitted. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table the request for a variance from Steiner corporation until a new final plat has been submitted, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #25: PUBLIC HEARING: REQUEST FOR VARIANCE BY LAYNE INDUSTRIAL PARK Kingsford: At this time I will open that public hearing and invite to owner and his designee to speak first. Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney. Lee: Mayor and Council members, the request before you this evening is a variance application for pressurized irrigation for a recently approved preliminary plat called Layne Industrial Park Subdivision. The nature of this development is light industrial and the property will consist mostly of paved parking lots and large building pads in the future. Therefore there will be a minimum of landscaping requirement for this particular site. In addition CC&R's have been prepared and will be submitted with the final plat that indicate the future lot owners and builders will be limited to a landscape strip along the street frontage approximately 5 feet wide in addition to possible low water consumptive landscape throughout the parking lot. Most of the sites will be as I stated earlier will be building pads and gravel or paved parking areas or storage areas for the industrial uses. We have estimated the approximate amount of landscape area that this site will entail, of the 27 and 3 tenths acre total development there about 31/2 acres of road right of way that will be taken out and the buildings and parking will comprise about 231/2 acres, it leaves a net irrigated acreage of about 3 tenths of an acre or 2% of the site. Current ordinances require subdivisions to include pressurized irrigation systems, however in this particular case due to the small amount of landscaping perceived we believe that there will be minimal benefits for the future lot owners and the City of Meridian to require pressurized irrigation. The cost of installation of this magnitude would be quite expensive for the amount of benefit derived. We have computed an approximate amount of water required over that landscaped area for this development and it is equivalent to about 2 gallons a minute over a 24 hour period or about 2800 gallons a day for landscaping. If you were to Meridian City Council December 6, 1994 Page 33 look at a like residential development of the same size total consumptive use for irrigation alone would run about 33,000 gallons a month. The comparison over a total development of this size of 27 acres would be about 96 lots would be a little over 3 million gallons of water required for the whole development. So there are considerable differences in the amount of water usage needed and we believe that this variance is applicable in this particular situation. Other industrial subdivisions in the area currently don't have or even have a need for pressurized irrigation system. Therefore this application we believe is not a special privilege to this owner. If you have any questions I would be glad to entertain those at this time. Corrie: Mr. Mayor, Mr. Lee, how do you propose to water the landscaping area? Lee: We would submit that to you, the amount of landscaping would be watered through the City system. Kingsford: Are you prepared then to pay the current Well Development fee for that as an alternative then? Lee: Which is the four hundred and some a lot? Kingsford: Which I think could be broken out based on your calculations or ours. Lee: I would have to defer that I suppose to the developer, it is his checkbook. Kingsford: I think that would become a factor, certainly the Council's decision. Lee: I think it would be considered probably favorably the owner. Kingsford: Any other questions by the Council? Morrow. I have none. Crookston: Gary, maybe I just misunderstood, you said that the water usage would be 2800 gallons per day? Lee: For the industrial use. Kingsford: For the landscaping. Lee: Just for the landscaping, 2800 gallons a day and about 85,000 gallons a month. Meridian City Council December 6, 1994 Page 34 Crookston: Then you had a reference something about 30,000 gallons a month? Kingsford: On a residential lot. So he would be roughly talking about a well development on 3 lots based on those calculations. Does the Council have any other questions? Anyone else from the public that would like to offer testimony on this variance? Seeing none I will close that public hearing. Council members. Corrie: Mr. Mayor I do have a question, Shari has to Gary Smith, would it be feasible to pressurize irrigate this Gary? Smith: Councilman Corrie, Mr. Mayor I don't think that based on, Gary submitted these calculations to me to review earlier today and I think they are pretty accurate. He has done some research of his own on irrigation water usage on his lot where he lives. So I accept his figures as far as single family dwellings are concerned. The area that he is devoting to landscape in this industrial subdivision I think is pretty close to what would be ultimately a 1/3 to a 1/2 acre is probably all the landscape area that they will end up with. Corrie: Thank you Kingsford: I guess I would ask Shari, being the Zoning Administrator is that your calculations for landscaping in that site? Stiles: It would depend on the parking areas on an individual lot basis, of course I would like more, but if we would, we roughly calculated 5 feet along the front and that would be about a 1/2 acre. Morrow. That 5 feet represents from the curb, between the curb and the parking basically it is going to have a little landscape berm that sits off the street, the sidewalk from the parking lots themselves. Stiles: Right to contain some trees. Kingsford: I think Mr. Lee's water usage is pretty accurate, it is about exactly what I use on my lot. I would suggest to you though Mr. Lee that in event you do that you certainly want to get a separate meter because in Meridian in commercial zones water usage and the sewers is the key to that. So if you are an industrial user you will pay for the sewer use if you don't have a separate meter. You will want to do you engineering for that. (Inaudible) Kingsford: However you want to do it, I would suggest that probably just one meter for the 0 6 Meridian City Council December 6, 1994 Page 35 whole thing and maybe have some sort of a users agreement that they split that out or whatever. Morrow. Address it in the CC&R's for your, like a little home owners association, a users association. Kingsford: Like clearing parking lots of snow and that sort of thing. What is the Council's pleasure? Do we need findings Counselor? Crookston: Yes Kingsford: Entertain a motion to prepare findings. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare findings of fact and conclusions of law to your specifications, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #26: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TREASURE VALLEY BUSINESS CENTER BY JRN LLC: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Steve Wurtz, 208 South State, Nampa, was sworn by the City Attorney. Wurtz: I guess I would like to begin by giving a brief history of what has got us to this point. I would like to thank you for the opportunity to be heard (End of Tape) and in that time we have enjoyed very much working together with this family owned and operated business. And really what we are doing is transforming a dream into a reality. As Director of Design for Hanson Rice we are design build firm located in Nampa it has really been an honor and privilege to work with Tri -City Meats. Two years ago they came to us with a need, their business for 2 generations located in Eagle had enjoyed modest growth and they needed to make some changes to allow that growth to continue in the future. They chose us because of our extensive background in design and construction and state of the art controlled environment facilities. With that the monumental task began of space planning, site selection and equipment layout, Federal and USDA permitting and site • Meridian City Council December 6, 1994 Page 36 • development. The site was finally selected in West Valley Business Park in the City of Meridian. This site above all others offered good accessibility, improvements with utilities in place and a community that truly interested in bringing this new business and job opportunity to the City. Of course that was evidenced by the Chamber of Commerce involvement and the Mayor's involvement. I guess the issue that we are addressing tonight is landscaping. I know that the City has addressed these issues numerous times in the past and that there are efforts being made to change some of the ordinance language. I guess our goal has been engaging the service of a landscape professional experiencing the area to prepare landscape plan. The individual that we chose met that criteria by our definition and actually designed and installed the landscaping of the adjoining properties for Ida -Tran which everyone seems to agree is a well done and an attractive site. Our landscaping plan was created with the following objectives, there are 3. First to meet the City's ordinance as best could be defined, the second was to prepare a scheme that was consistent with Ida -Tran and that would compliment both sides. And the third was to create an aesthetically pleasing and safe site for the intended light industrial use. I guess to get to the point, our variance really boils down to 2 issues, the first one having to do with the easement on the front property and the second concerning the quantity and caliber of trees. What I have here, I guess I have a couple of things that I would like to make available if I might. One is an enhanced, slightly enhanced site plan. Really the only difference between this one and the one that was submitted with the variance request is that the recap in the variance request was in error and we have just re -done that and then we have highlighted the area we would consider landscaping in green. Along with that it has some pictures of the adjoining property I guess just for clarification to give you an idea of what we are after. This is the Ida -Tran project directly adjacent. Again, we have really only 2 issues. The first one is the easement up front and in that colored drawing you can see there is a 30 foot easement that runs along the front of our property. I guess the property is owned by Tri -City Meats, they pay taxes, maintain and develop that property. It runs within 7 foot of the back of the curb. Our intent would be to landscape from the back of the curb to a point 42 into the property. The only question or issue at this point is whether that easement area can be considered as part of our landscape area required to make the 10%. As you can see from the re -cap with the easement area included we are about 13% of the developed area. So, again the first issue is we really would like to include that easement as our landscape area. Giving us a 42 foot setback frontage of landscaping. And then the second one concerns the quantity and caliper of the trees, we would like you to at least consider the 1 112 inch caliper tree which is consistently done in Ada County and the City of Boise. Our plan that we are submitting shows 22 trees spaced aesthetically around the frontage. They are spaced so that the trees would allow for growth. We have been asked to provide 37 that really crowds them and block the building, it does not fit the landscape plan. The 22 trees would really match the adjoining properties from what I understand there are some additional properties going in across the road. Really, I guess that is what it boils down to, that is what our issue is. • Meridian City Council December 6, 1994 Page 37 I would be open to any questions you might have. Kingsford: Any questions of the Council? would like to offer testimony on this issue? does the Council have questions of staff? Thank you, anyone else from the public that Seeing none I will close the public hearing, Morrow. Shari, could you elaborate on your comments in terns of the 3 inch caliper trees and the number of trees and those types of things. Stiles: Well, basically that is our landscape ordinance along with the 10% being for a planned development. As far as the easement is concerned I would have no problem with including that as part of the 10% provided I get a plan that I can approve that has also been approved by Settlers. I don't want to approve something in their easement that is going to cause them problems. Morrow. Settlers as in Settlers Irrigation? Stiles: Yes, the surrounding property owners are quite concerned that this is not going to come up with what has been done in the past there with the nice sodded areas it is very nice for an industrial development. Kingsford: Other questions Mr. Morrow? Morrow. No, maybe a comment from Shari, in our packet there is a letter from Tom Wright who was the developer or I guess originally was a representative of the developer and is now the owner. He seems to indicate that some of these issues were addressed in the CC&R's that were written for phase 1. And the folks that are asking for the variance should have been aware of these requirements when they purchased the lot is that not correct? Stiles: They had copies of the covenants they were aware of that. Kingsford: Counselor, have you reviewed Jim R. Johnson's letter? Item 3 with regard to improper notice? Crookston: I just read it. If a property owner within 300 feet has not been sent notice it just causes the whole process to be defective and we need to start over if that in fact is the case. Kingsford: So the list that we got for notification then, we don't know whether they were noticed. • Meridian City Council December 6, 1994 Page 38 Crookston: I don't know. Kingsford: Do you have a list of those mailings? (Inaudible) • Kingsford: They were not noticed? Any other questions for the staff while he searches that? He is saying from recollection they were not noticed. Are they in fact now the owners of record, I assume since they are doing side work? Crookston: I don't know. Kingsford: Who obtained the list for us to notice? Are you familiar with the parcel that we are talking about? (Inaudible) Kingsford: Would you state your name for the record please? (Inaudible) Kingsford: Is this the list that you received? If this is the list that you submitted, it does not include them, Mr. Berg is saying this is the list you gave us. It includes Tom Wright Real Estate, Ida -Tran, Yellow Freight Systems, City of Meridian. (Inaudible) Kingsford: The list from the post office that we did notify these people is just this list that you provided us. So you are saying Counselor that in order to act on it we would have to re -notice this, give them notification? Counselor: If they are the titled owner and if they are within 300 feet. Kingsford: I would assume that they are within 300 feet. So the issue is whether or not they are the titled owner. Crookston: That is correct. There would be a titled owner of the property. Kingsford: That would most likely be Tom Wright if it is not them and he was noticed. Crookston: Our ordinances require to notify the titled owners as shown by the list from the • Meridian City Council December 6, 1994 Page 39 assessors office. • Kingsford: And that is the list that they gave you within 300 feet that I have here? (Inaudible) Kingsford: You took that from that list is what I am asking? How did you obtain this list? (Inaudible) Morrow. Mr. Mayor, pending confirmation of who the titled owner is and the procedure to get there it appears to me that if we have correct notification then we can proceed on with the variance request. If we don't have correct notification then the variance request cannot proceed on until proper notification. My recommendation is that we table this pending resolution of the notice issue and then once that is resolved either it comes off the table and continues on the variance process if the notice was done correctly or the variance process starts over with proper notification. Kingsford: Make that in the form of a motion (inaudible). Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the request for variance by JRN LLC pending the research of notification of deed of property owners, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: The ball is in your court, you need to find out who owns that and let us know. You need to legally get a list from the Assessor's office, they have the deeded owners and they can give you that. A real estate sign doesn't cut it we have to have the owner of record. Yerrington: Mr. Mayor, I move for a 5 minute break. Morrow. Second Kingsford: All those in favor? Opposed? 0 Meridian City Council December 6, 1994 Page 40 MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #27: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Mike Wardle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Wardle: Mr. Mayor, members of the Council I added a few pages to your probably ream of paper that you all got for this hearing yesterday. As a result of the Planning Commission approval of the conditional use permit with its findings and conclusions completed last Friday afternoon at 5:30. We worked over the weekend to look at and to respond to those and that information was provided. Hopefully you received that yesterday when we delivered it to the City Clerk's office, the understanding was that there was some additional information coming to you. So, I am going to speak to those particular items that were presented. The process that has brought us here started in May when we submitted a request for annexation and a preliminary plat. At that particular time we were dealing with 24 acres approximately at the southerly end of this entire parcel that had not yet been annexed to the City. Some more than a decade previous the ballast of the property was annexed, had been zoned R-4. We were completing that process, let me just identify that on the original plat that was submitted at that point for clarification. Mr. Mayor, members of the Council, this is the drawing that we submitted at that point and the 24 acre annexation parcel is basically that that is the south end adjacent to the Golf View Estates. The rest had already been annexed and zoned R-4. The annexation process has not been completed for that 24 acre parcel because when we got to the ordinance sometime this summer, there were a number of hearings and I didn't get tracks of all of them, but I believe it was in July that it was tabled pending the deeding of the remainder of the golf course property by Brighton Corporation. In the discussion that centered around the annexation and preliminary plat it was clear that there were issues that needed to be resolved by either a variance or a conditional use permit. We submitted a variance application, that hearing was held in August, it was concluded at that point that the issues needed to be addressed by Conditional Use Permit and not a variance. Hence we did submit and a hearing was held at the City Planning and Zoning Commission level on September 13. Findings and conclusions were tabled in October and amended in November and finally passed last Friday. So what you have before you in the conclusions of that Planning and Zoning Commission action were a recommendation for approval subject to the conditions that were sited in those conclusions. I would like to go through Meridian City Council December 6, 1994 Page 41 and address only those things that we feel need to have some clarification or comment and those were noted in Page 2 of December 5th memorandum to the Mayor and Council. Items 1 through 4 in those conclusions no comment. In item #5 there were 2 matters that we did want to just discuss briefly. One of them interestingly enough was in the draft that I presented to our typist and did not make it into this final draft and I didn't pick it up and that is the reference to paragraph 8. Let me first speak to paragraph C, it is clearly the intent of the developer Brighton Corporation to create a project that is harmonious with respect to the character of the general area. I believe that the Council in going through the Chert' Lane project will find a great deal of diversity and no common theme with respect to architectural design and standards. The later phases seem to have a lot more unity and probably that is coming from the developers standards through their architectural control. But you will find traditional, you will find some Spanish influence, you will find some contemporary. Quite a diversity, so we certainly agree that harmony is essential and that should be in the single family home area which comprises come 228 single family lot subject to the developers architectural control committee standards. We wouldn't expect the City Staff or the Council would choose to get involved in design standards and design reviewfor those individual homes. We certainly agree with the intent of the Council and the Commission to look at the medium density parcels when specific plans are submitted there. Paragraph H which is not noted here, but speaks to the necessity perhaps for additional parking in and around the club house. And I simply want to go on record in that regard that the applicant will work, we believe that there is adequate room in that vicinity to take care of the parking needs and we will work with the City to assure that the parking need is met. I think part of that will be addressed specifically when a club house design is complete and other calculations that we are really not involved with at this point would be considered in the golf course operation. But it is, I believe that there is room and you have the commitment of the applicant to deal with that. Kingsford: On that subject if I may Mr. Wardle, the discussion has been all along that there be at least 250 spaces that has been consistent. Wardle: My understanding that when Mr. Peugh the golf course designer laid this out that there was provision in his calculation there for that. 1 am confident that (inaudible). Kingsford: I think that was just rough, I don't know that we are engineered specifically, rough calculations. Wardle: There is no dispute in that at all Mr. Mayor. Item 6 in the conclusions also speaks to the same issue that again regarding the question of harmony and I would just simply restate that the intent of the developer is that there will be a theme or at least controls applied through architectural control on the single family homes and certainly themes established in the medium density parcels. Item #7 speaks specifically to one of 0 Meridian City Council December 6, 1994 Page 42 the issues outstanding and that is the lots less than 80 foot frontage many of which are 75 footers. I simply want to restate again that the applicant is willing to alternate the 75 and 80 foot lots but we simply want to note that only 65 of the proposed 228 single family lots, roughly 28% have less than that R-4 frontage. All the lots in the first final plat phase which we have prepared pending the decision of the Council will meet or exceed the 80 feet required in the R-4 zone. There are no lots in the first subdivision phase that will have less than that frontage. Now there are some lots on the preliminary plat on curves and culdesacs and elbows and so forth with reduced frontages but those will meet the ordinance standards that do make provision for some reductions below that. And I believe that we have dealt with it on other projects and I don't know that there would be any problem here. Item #9, an item that really was not discussed in the hearings but was in the findings deals with the request for a separated pathway and pedestrian system for golf cart access to the club house. This causes us some concern because #1 the fairway design in this phase, the second 9 of the golf course is significantly wider than the earlier phases. There is more room. Pedestrian access is certainly provided via the 5 foot sidewalk system throughout the project. The applicant will work with the City in both of the, in the medium density parcels that are proposed to create some system that will keep the golf carts into a system. There would still be a roadway crossing required from this one something along the roadway would be required. We would certainly work within that context. It really is, we believe impractical to create a separate system for golf carts when not everybody in the project golfs anyway. Certainly, we believe that there will be a greater percentage of golfers in the medium density parcels, the town house%ondo areas in whatever configuration that finally comes to be then there would on all of the single family lots. So we would like to qualify that recommendation so that the separated golf cart system is not required for all of the single family lots. Kingsford: May I interrupt Mr. Wardle? While it is fresh in my mind, Mr. Rountree was it the intent of Planning and Zoning on that issue to have every residence have some sort of access to the golf course? Rountree: I think the intent Mr. Mayor and Council was to try to establish that the neighborhood that is there now has direct access via sidewalks and or streets for pedestrian and golf carts. We were not getting a clear message from the developer how that was going to take place because they were bringing to us that they wanted to terminate Interlachen and provide the existing neighborhood with no access, at least the southern part, no access to the club house. So to ensure that there is access to that believe the intent was that it be provided, if they are not going to provide vehicular access via roads that there at least be (inaudible) so those people who have golf carts don't have to go north via the existing street systems up Tumbeny and up to Sea Island Court that would come across back to the club house. • Meridian City Council December 6, 1994 Page 43 is Kingsford: Of course it has also been my concern about vehicular traffic from the existing subdivision. Rountree: That was our concern as well. And that still has not been resolved. Kingsford: So really we are not talking about really some separate issue it becomes that access, the club house whether it be vehicular or golf cart. Rountree: From my point of view I don't think that was the intent. The intent was to maintain that established access to the club house facilities. Wardle: Mr. Mayor I appreciate that clarification because the way it reads it does suggest that a separate system without that qualification. Kingsford: And I don't think that is any desire that I would certainly have is for everyone to be able to access those fairways from their homes because that would be a nightmare. We have enough problem with people that want to walk out with their clubs let alone their golf cart and start playing. Wardle: It is a nice thought. Kingsford: Not really, we have had realtors in the past that said that was appropriate. It isn't really. Wardle: That is an issue that I believe we are willing to address and let me clarify that we made a recommendation to the Planning and Zoning Commission in a memorandum that was also included here, since we are caught a little bit between Ada County Highway District that doesn't want that connection and the City that does we are committed to find some type of a resolution to that. So, we have committed to do that and I believe that was part of the recommendation of the Planning and Zoning Commission passed on. With respect to providing golf cart access out of the existing area we can accept that qualification. Kingsford: What I hear us saying is that we are just talking about being able to get vehicular traffic, golf cart, people that would be able to walk and so forth to the club house. Wardle: Agreed, I appreciate the fact that a member of the Planning and Zoning is here to assist us in that regard. Items 13 and 14 in the findings and conclusions dealt with the medium density parcels of which there are 2. We did enclose and I believe Mr. Turnbull who will also offer testimony has some additional project examples that may be submitted this evening or at least the discussion of types of projects that may be proposed in these • Meridian City Council December 6, 1994 Page 44 areas. We are simply asking as the Planning Commission did in its recommendation that the concept subject to bringing back specific projects that will be looked at and made, well application in separate form and conditions that the City will consider and apply at that time are necessary and we agreed with that. In fact we made some of the recommendations in wording to assist in that regard. The only editorial comment that I would make is the findings do talk about R-8 development. If you take up to 8 units per acre is consistent with R-8 we are looking at this project as a planned development. And within a planned development there may be a diversity, the overall density proposed including those 2 parcels that would have perhaps to 8 units to the acre which still fall below the overall 4 units to the acre which are allowable in the ordinance, even with the Fuller property that had already been deeded to the City excluded from that calculation, it is possible under the current ordinance with the land excluding the Fuller parcel to have 494 units, we are proposing 444 if I remember by calculations correctly. So we just site the fact that in Planning and Zoning Commission conclusions #14 it states in part that the medium density development has been recommended for approval. Now finally, item 15, again speaking to the issue of design review we would ask that be qualified to apply to the medium density parcels and not to all of the individual single family lots. And item #16, we draw the assumption that the conditional use permit appropriately modifies the City's ordinances and codes with the application of a conditional use permit. So Mr. Mayor in conclusion we simply are asking that the Council accept the Planning and Zoning recommendation with the qualifications noted and that the approval of the conditional use permit for Brighton Corporation will with the conditions applied enable the process to be completed so that the annexation can be included, the balance of the golf course property be deeded to the City. The plat approved and that we can both move forward with development of the golf course and with the project. I would be happy to answer questions that the Council might have. IQngsford: Mike, me first, you talked about the first phase project and so on, a concern of mine is before we can really start to develop the golf course that the roadway be back to the new club house area. What is your time on the building of that road, even though that is not in your first phase, is it your intention, I guess you are going to comment, I will ask when you get here. We will just wait for you. Any other questions for Mr. Wardle? David Turnbull, 12301 W. Explorer Drive, Boise, was sworn by the City Attorney. Turnbull: Mr. Mayor and members of the Council I appreciate the opportunity to address you today and I guess I can answer your question now. I don't think you need to restate it, I guess our commitment would be to have that road completed back there in time, when the club house is going in. So we will make that concurrent. Maybe I would like to ask the question when the club house is going in and that would help me in my planning. I have been advised recently by some pretty wise Council that perhaps I should be a stronger • Meridian City Council December 6, 1994 Page 45 advocate of my own projects and applications. Typically I like to leave these in the capable hands of Mr. Wardle, but I decided I would take a few minutes to speak to this project myself. I would particularly like to address the topic of the medium density parcels. I recognize and appreciate that there may be concerns at to what the likely out come of those is to be. Let me assure that with the substantial investment we have in that area, being the developers of some 200 and 20+ units of single family residential we have as great concern as anyone as to how those parcels turn out. And perhaps we might even be more critical of that then you as the City fathers would be. For that very purpose we are submitting this proposal as a planned development rather than a straight zoning and subdivision application because I think we can get a better project through the planned development process. I would like to quote a little bit from the Meridian City Ordinance regarding the planned development. I will try to be brief, I will try to abbreviate this. Section 9-607 A states the purpose, City's policy is to encourage developers to utilize the provisions of this section to achieve the following and it lists 8 items all of which I believe this application meets. Specifically I would like to talk about a few of them. Item #3 states a maximum choice of living environments which allows a variety of housing and building types which permits (inaudible) for acre which allows a reduction in lot dimensions, yards, building setbacks and area requirements. And this is precisely our aim, there is no shortages in single family residential homes in the Cherry Lane Golf Course but one of the perhaps you can call it a deficiency or at least where some of the demand deficiency occurs would be for the empty nester or the retiree who wants to live on the golf course or near the golf course for whatever reason. That is part of the market that we plan to target. Item #4 of the ordinance talks about, it says a more useful pattern of open space parks and recreation area. I would just like to point out again that it was Brighton Corporations (inaudible) that this new and I believe exciting golf course design is being proposed. believe that in everyone's estimation that this is an improvement over the concept that was approved in the 70's. It accounts for an increase in dedicated golf course acreage of approximately 90%. Item #6, says a more convenient use of land and reduced cost of streets and utilities than is generally achieved through conventional subdivisions. And that is particularly critical in the medium density parcels. We believe that these parcels couldn't be adequately or effectively designed and implemented based on standard subdivision criteria and so we will be coming up with some very creative designs incorporating common area amenities and common drive ways, perhaps private streets to really make this a community within a community. Item #7, the development pattern which preserves neighborhood development and stability encourages socioeconomic mixture of people within an environment. Again that is precisely what we propose to do. As I stated before no one here has a greater interest in preserving the continuity of the development then we do. We believe that we can provide for a better mixture of the socioeconomic diversity with this development plan through the PDR process rather than through a straight zoning or subdivision application process. Finally item #8, a development that encompasses maximum design flexibility. Again these types of developments need 0 Meridian City Council December 6, 1994 Page 46 • maximum flexibility should not be constrained by standard subdivision ordinance requirements and design requirements. I am sure the question that you all have is just what will these 2 parcels become. Let me as specific as I can possibly be, the development will address the general standards for planned developments listed in Section 9-607 G of the ordinance including accessibility of site, roadways, off street parking, utilities and open space. The development will also address design standards for planned unit development in Section H of the ordinance 9-607 H, including storage areas, parking space and maintenance facilities. I might note there is a requirement in there regarding boat and trailer and camper storage. My feeling is that those kinds of storage should more appropriately be provided in an off site location so they aren't cluttering up the residential development. We would propose that kind of a alternative method be considered. The development located within these 2 parcels may contain different housing types, sizes and amenities. The types of houses will likely include cluster homes town homes, patio homes, but they would all be part of an owners association, perhaps in a condominium style arrangement with all landscape maintenance, etc. being handled by a single entity. And the architectural theme and design would be consistent. The sizes of the homes we would anticipate that there would be a variety of house sizes, remembering that we are designing these parcels for the retiree or empty nester. Many of these individuals are just like my parents who just recently moved out of a large home. They have no children at home and they wanted to down scale, they don't need the same space as they once did. They want to take their equity and use that for their retirement but they still want to live in a quality environment and quality neighborhood and that is what we intend to provide. Amenities, of course we feel that the dedication of the golf course is part of the amenity package in addition we envision a separate community center. Which will provide social and recreational opportunities to the members. In short, if you drive around this valley you can find certain projects that have implemented this kind of, it is somewhat mixed use development. Compatibility does not mean conformity, it doesn't not mean everything has to be the same. If you take a look at some of the nicer planned unit developments such as Lakewood where they have a variety of housing types mixed in very tastefully and very well. The same can be said for River Run in fact I was driving through there today and you have densities anywhere from very high densities up to the million dollar estates all within the same neighborhood accessed on the same road. I think these developments will compare, I think our development will compare favorably with these developments. I think those are the kinds of developments that really maintain their property value. In summary we believe that we have brought before you one of the most significant and beneficial development applications this City has seen to date. This is not primarily a zoning matter but a planned development through the conditional use application process. We are asking the application be approved as a whole with single family residential components being allowed to proceed immediately. We recognize that the medium density parcels are subject to further design review by the Council. We have suggested conditions which must be met prior to the development of these parcels and Meridian City Council December 6, 1994 Page 47 with the Council's agreement in concept to the medium density portion of this application we will proceed immediately with the detailed design stage and be back before you in short order. In fact I have been in contact with some of the top design firms and some of the ones for instance that have worked on Lakewood and other projects that you would recognize and find very acceptable. I am certain that what we bring before you will be, that we will all be very pleased with the result because we wouldn't have it any other way. Thank you for your time and consideration, I will answer any questions you may have. Kingsford: Questions for Mr. Turnbull? Corrie: Mr. Mayor, I don't' have any questions I just want to thank you for your concept here. I'm quite favorable as far as I am concerned, I think that we need this type of program housing. It sounds good so far, just to let you know where I come from. Kingsford: I would just say that I (End of Tape) Meridian has real need for this sort of development. Turnbull: I do have if you would like to add to your ream of paperwork, I do have another 4 examples of these types of projects that range in densities anywhere from 6 to probably 15 to the acre. We are not proposing 15 to the acre obviously that is more of an apartment complex density. But I have those for your review so you can see how these architectural themes can work to create a real community. Kingsford: Any other questions for Mr. Turnbull? Thank you Dave, anyone else from the public that would like to offer testimony on this issue at this time? Seeing none I will close the public hearing. Counselor, legal clarification? The conditional use permit, I believe applies to a small portion that is not yet annexed, how do we treat that we need some guidance there. Crookston: Let me back up a minute. The findings from the Planning and Zoning Commission are a recommendation that the concept be approved. Is that what you are dealing, is that what the Council is dealing with. Because you are not, the P & Z has not recommended specific approval of anything other than the concept. Morrow. I think if I might add that the thing that further would reinforce that comment is that there are several things in here that Mr. Wardle has called attention to and that the P & Z has called attention to that are somewhat vague. For our purposes now and the P & Z has indicated they would like to see less than R-8 or less than 8 units per acre in the medium density, the answer has been we will work with that. Well there is no commitment by which to hang anybodies head on, what does we will work with that mean? What does less than 8 units per acre mean, does it mean 6, 7 or whatever. I have the same problem Meridian City Council December 6, 1994 Page 48 with the parking space with respect to the club house, we will work with that. What are the specifics of that. I think if this is a concept plan this is fine, I don't have any problem with the concept plan but the very original motions clear back in May or June or July was that prior to the annexation or any further development of anything the deed to the golf course property was to be executed to the City. And so that still in my mind the first step in the process for this entire project in order before I vote favorably on anything other than a concept plan that deed needs to cross the City and then we go on from there in terms of taking the steps as may be required in terms of plats and final plats and conditional uses and so on and so forth. Kingsford: And I guess I don't object to that. I recognize the developers comments too and I think one of these is not inappropriate in that sort of a thing. That the ordinance passage and deed transfer can be at the same time as far as I am concerned. But what I am reading on the agenda item Counselor, we just had a public hearing for a request for a conditional use permit. That conditional use permit is what we had the hearing on and not all of that is annexed. Crookston: That is correct, before you grant a conditional use permit for property that is not now annexed, it should be annexed before you grant that. Kingsford: I think as I look at your map again Mr. Wardle they are small pieces in that but there are in fact 2 of them that lie in that annexed area, the small part on the north and then the southeast comer. So where are we at? Crookston: I think as far as the conditional use as it pertains to the property that has not been annexed it is not appropriate to pass a conditional use permit for that land. Kingsford: But we could deal with the conditional use permit on that property that has already been annexed? Crookston: You could. Kingsford: At least that gives the developer assurance that is the direction we are headed based on the concept plan and so forth. Crookston: But I guess the point I had earlier is I don't know how you can grant a conditional use permit on a concept. Wardle: First a comment just about the annexation issue. The Council approved the annexation earlier, it was at the point that the ordinance got to the Council to complete the process that the issue came up and the decision was made that we need to wrap the whole • Meridian City Council December 6, 1994 Page 49 • package together. So we would ask that in some very creative motion that entire package be considered. The very nature of a conditional use permit allows flexibility to deal with even some abstract issues by putting appropriate conditions on. The conditions if I read the Planning Commission recommendation I believe the recommendation was and may I just read the motion, Meridian Planning and Zoning Commission hereby recommends that this matter of a concept of a planned development residential should be approved under the conditions stated in the above findings of fact and conclusions of law. That recommended approval is of the concept without general approval of any specifics which again, I think is fine because we have conditions on the issues that are not yet specified. That any ultimate approval should be subject to all city ordinances, specifically including design review and plat approval under the procedure of the subdivision and development ordinance. I don't believe Mr. Mayor that is telling us that the issue cannot be concluded. The recommendations as we went through all 16 of the conclusions does list recommendations of approval. Kingsford: I agree with that, my problem is approving that before we have the annexation think becomes a legal problem. Wardle: Mr. Mayor, let me just offer this as a possibility, I have dealt with it in other circumstances and that is that the approval is subject to in addition to the conditions that the Planning Commission recommended that the approval is subject to completion of that particular step. 1 believe that is legal under the State Land Use Planning Act. I have read and studied that act. I believe it is possible to wrap this thing up Mr. Mayor and I hope that we can do that. Kingsford: Comments of the Council? If I am hearing correctly out of the developer, in earlier discussions tonight that the transfer deed and all of those things ought to be conditioned upon that and that takes place in all of it in one night. That we don't jump and they don't jump until everything is crossed and dotted. Now I think you can make such a motion that includes before it is annexed the deed transfer to the City that it be researched (inaudible) with needs of the golf course that all of the things in the findings be met before that annexation ordinance is signed and filed. Counselor Crookston: Well, first of all there is no doubt that this is the first time that we have dealt with this. If you are looking for a motion, I think it is appropriate not to make it tonight. think that is something that needs to be, the findings need to be gone through. The deed situation if that is a condition, I am not sure that we can accurately address it without considerable forethought. I think that what the Planning and Zoning thinking was that they liked the idea, but there were no specifics particularly within the medium density. Kingsford: And I don't think the developer is asking for any. Meridian City Council December 6, 1994 Page 50 Crookston: I think that the Planning and Zoning Commission wanted to know that is why they adopted these findings. Kingsford: Which more or less spell out that nothing can happen there until those thing occur. That specifics are forthcoming. Crookston: That certainly very well may be, Charlie may want to address that issue. That is another reason that I say we need to put some thought into the motion as to what excuse me not only what the City wants but also what the developer wants to see. What he is willing to have conditioned and how it might be conditioned. Kingsford: Well, I think he said he is not asking for any conditions on the R-4 portion aside from the street frontage that we have talked about at great length before. As 1 look at the findings, virtually all of the other issues are taken care of in the medium density. And so then you get to the deed and that doesn't take much of a motion to wrap that around that the ordinance doesn't get signed and recorded until there is a transfer of deed to the City. Crookston: It is just my desire to draw a letter and let it sit for a day and look at it again and see if what I said is what I thought I said. Kingsford: Mr. Turnbull Turnbull: I would just like to say a few things, first there is a great deal of specificity in probably 80% of the project which is single family residential and that is outlined in pretty great detail. I have seen this Council make motions a number of times on approval of annexation subject to certain conditions be it development agreements or whatever that if they weren't executed and those conditions weren't moved forward than the property was subject to de -annexation. And I think that is an appropriate means of handling this situation. I am ready, willing and able to give the ground to the city but if I give you a legal description based on a certain project and the project doesn't exist it doesn't do any of us any good. So, I mentioned that and I know Mr. Councilman Morrow made the motion originally on the annexation at the time I said I thought it was more of a platting or PDR issue on the dedication of the ground. And that the dedication of the ground should occur we have a defined project. So if that helps because I know you have given additional annexations before if that helps move the process forward. I would hope that there could be some kind of all inclusive encompassing wrap around motion that could move this project forward. We recognize that the medium density parcels must come back for specific detail and further design review by Planning and Zoning Commission and the Council. I think, everyone I have talked to has said they are comfortable with the concept and we have said continually that we will be back in with more specifics and we will spend a great 0 • Meridian City Council December 6, 1994 Page 51 deal of money with architectural firms and so forth putting together those specifics once we know we have something to work on. So that is my comment, I appreciate your consideration. Morrow. Question with respect to a lot of these gray areas in their item 7 they state all lots in the first final plat meet the 80 foot frontage requirement. Apparently the 75 foot lots are going to be interspersed in some other phase. Kingsford: I think the first, did it even have 75 foot frontages, I thought you said that the first phase was all going to be 80's. Morrow. That is what it says here but the P & Z findings indicate those ought to be interspersed. Kingsford: I think P & Ts findings were that the one street had virtually all 75 footers and they were talking about not having them all in sequence but that they be dispersed not all be on that inner roll. Not necessarily I don't think in that phase 1. Morrow. The point of my question was that at what point are they going to intersperse the 75 foot lots with other lots and where is that located? That is a gray area that is clearly not addressed here. The question that I am asking is that do you address that now with the development agreement for the first final plat and address all of these gray areas. I am of mind such as Wayne is that I am having difficulty visualizing an all encompassing motion that defines the issues in the findings of fact in comparison to Mr. Wardle's comments that he doesn't agree with the findings of fact. And not interspersing 75 foot lots with the 80 foot lots. Where is that going to happen, or is it one day we are going to wake up and now there is 28% percent of the lots left in phase 10 and they are all 75 foot wide. So in fact that interspersing didn't occur. Kingsford: Given what I am hearing, would Council and Walt would you be comfortable in a table and have that motion perhaps ready on the 15th at the special meeting. Morrow: I don't have a problem with that I just want to see some specifics. Kingsford: And then perhaps be ready to move forward on the 20th? Morrow. That is fine with me. Kingsford: What that then necessitates I think is a dialogue closely back and forth and have that for sure put together as you have indicated to embrace thpse concerns of the developer as well as ours. Meridian City Council December 6, 1994 Page 52 Morrow. That is correct, because in fairness to both we can sit up here and it is like arguing the definition of a road. A road to you and I is curb, gutter, sidewalk and asphalt. To somebody else it might be road mix and that is it. So both of the (inaudible) get exactly what it is we want and when reality sets in a year and a half later nobody is happy. I just want to make sure that David and group understand what it is we want and we understand what they want and so we have some format from which to start with. That is as I see the issue. Corrie: Mr. Mayor that is what I am hearing, I may be hearing it wrong but I think that is what you want and I know that is what we want. So let's sit down and set it out on paper and we know where we are and you get what you need and we get what we need and start this thing and move on. I think we can do it in 2 weeks. Morrow. The other thing is in terms of P & Z and what concept you have, some of the findings are a little gray here and can we deal with some facts. Give us the benefit of your expertise also. Rountree: I think some of the comments and conditions are gray because we didn't have any specifics to provide guidance to you all. We didn't know, particularly in the area of the medium density, large lots, 2 big areas in the development that is all we had. And I can speak for myself not the rest of the Planning and Zoning, I think the concept is great. My concern is that, nothing to do with the transfer of title on the golf course property or any of that, but if they decide to sell R-8 or R-15 to some other developer and I know they don't intend to do that, but stranger things have happened out there and other places in Meridian then we are stuck with no specifics and a zoned piece of property that somebody can come in and do something. Kingsford: As I see though Charlie we haven't given any approvals. Rountree: That is right and we didn't recommend approval of the zoning we recommended approval of the concept and wanting to see specifics on the concept once they are put together. Kingsford: And that would come out in the sale of the property too. Rountree: It could, but we don't have anything with that piece of property other than it is going to be medium density. (Inaudible) Rountree: I think the concept is great, I think everyone else on the Planning and Zoning LJ Meridian City Council December 6, 1994 Page 53 did too, but there are just those questions. What is it going to look like, what is it going to entail. What kind of restrictions are we going to be able to put on it. What kind of restrictions are they going to put on it? As far as the single family residential part of the subdivision I think the first phase was clean. It was, I don't know which phase, but the one street that basically had all 75 foot frontages on it, our recommendation in the conditions in the findings was to alternate those at least on that street so we get some broken up frontages. Get some 80, 85, 75 whatever so you don't have. I think there were probably 30 - 40 lots together on that one street that were all together were 75 feet. We felt that you could lose a lot and widen some out or whatever. That is why we came up with that condition. I think that would clean up the rest of the single family residential concerns that Planning and Zoning had for that, but basically the concerns were medium density, large pieces of ground with not knowing what is going to go on it. Morrow. I think having heard that I would like to move to table until the 15th at our special meeting and then take the appropriate action based on the negotiations between Mr. Turnbull and Wayne Crookston and then also re -agenda the results of that for our meeting on the 20th. Yerrington: Second Kingsford: Moved by Walt, second by Max to table the Ashford Green decision until the special meeting the 15th pending a discussion between the City and the applicant and reconsider on the 15th and have a finding back again later on the 20th, is that correct? All those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I think we need to have representation from the Council in addition to Mr. Crookston, who would be amenable to meeting with Mr. Turnbull and Mr. Crookston on that? Corrie: I could if Walt is not able to. Morrow. Whatever it doesn't matter to me. Kingsford: I would just like one of you to. (Inaudible) Corrie: Mr. Mayor, I do have 2 letters that I referenced to the traffic to Interlachen (inaudible) when would I present this to the Council, this is from people that live in the first C Meridian City Council December 6, 1994 Page 54 • part. This is where Ashford Greens and Interlachen connect, their recommendations (inaudible). It was mailed to me and they asked that it be part of the record. We haven't gotten to that yet but should I wait until that period comes. Kingsford: Was it their intent to have that as part of the public hearing? Corrie: No, not at this point. Kingsford: Whenever you think it is appropriate. I don't think he is talking about development of that parcel yet, but it is still my desire at least for the city that we have some sort of a connection for vehicular traffic other than up and around. Corrie: They were saying they would like to see a culdesac and not a through street. Kingsford: They don't want to get to the club house, basically you are saying they are not golfers. Corrie: Probably not, it was just a letter that was sent to me. That is just one person, that is still on record, but I will submit that at the proper time. ITEM #28: MARTY GOLDSMITH: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS SUBDIVISION AND LOS ALAMITOS SUBDIVISION: Kingsford: Where are we at with those? Marty did you get our comments back from Wayne and Shari? (Inaudible) Kingsford: Counselor were those hand written? Crookston: Yes Kingsford: We don't have those in our packet because he was waiting for those to come back from Marty I guess. Do you have problems with those Marty, have you reviewed them? Go ahead and come up and let us know your name. McCall: Brian McCall, 1 am Mr. Goldsmith's attorney. Basically the short answer to that is we do not. We are dealing with 2 development agreements one for Salmon Rapids and one for Los Alamitos. And with the exception of, both of these agreements were originally prepared by the City and Mr. Goldsmith already signed the agreements. The agreements then were the signature by the City was held up pending Councils comments. He has now 0 Meridian City Council December 6, 1994 Page 55 9 made a few comments and we are in agreement with them all with one exception and it is one of some substance and that is one the Los Alamitos project turning to Exhibit B that basically has a list of requirements. If I can just read the last requirement, #12 originally proposed by the City agreed by Marty was make the provision for a well lot to be purchased or donated to the City of Meridian by mutual agreement. I believe Mr. Crookston perhaps reflecting the wishes of some Council members has now inserted, made that provision such that we will donate the well lot. That is the only issue that we have any difficulty with. If we could go back to the way it is now we'd sign these development agreements. If the Council wants the change that Mr. Crookston has proposed I would sort of like to be heard on that and see if I can give my own perspective on how we got to that being an issue. Kingsford: Counselor, if I may looking at the May 17th minutes when this was discussed Mr. Goldsmith's comments were, "I have no problems, I was thinking you guys would pay for the school site," so on, "I would put in pressurized irrigation," I will eliminate 2 or 3 topics "that I will donate a well site." McCall: Mr. Mayor, I have read that comment and that clearly is where the Council may have gotten the impression that Mr. Goldsmith was prepared to donate the well site as well as establish a pressurized irrigation system. I think if we go all the way back, and I have looked at the minutes associated with the P & Z findings of fact and conclusions of law, have looked at the City Council minutes when the preliminary plat was approved and when the final plat was approved and in all of those cases it was clearly Mr. Goldsmith's representation to the Council that he would make available this well site in lieu of the requirement of pressurized irrigation system. I think the pressurized irrigation system requirement has its own history. It has been before this Council many times and I can refer the Council to specific language in both the preliminary plat and the final plat in which he said categorically he would make that lot available if the Council would waive the pressurized irrigation system. Kingsford: I think though Counselor that was after this point. McCall: It was before. ICngsford: But his comment again and this is verbatim off the tape, "I will put in pressurized irrigation that does eliminate 2 of our 3 topics there and I will donate a well site." And that was part of the condition for approval. McCall: As it turned out the action that was taken after that comment was not approval of the final plat, the final plat was then tabled pending a development agreement. Which sort of takes us all the way back to the very first item that was on your agenda tonight and that i Meridian City Council December 6, 1994 Page 56 C� was the Raven Hill and that was where does this development agreement come in. In Mr. Goldsmith's case in both of these subdivisions the property was zoned and annexed with the condition that the annexation be conditioned upon the development agreement. The development agreement was not forthcoming. We then went one step further, we granted preliminary plat approval and then we finally grant final plat approval again not subject to any development agreement. He doesn't have any difficulty with the development agreement but when he finally got final plat approval and now at this point this plat has ben taken around to every agency and every agency has signed off with the exception of the City Engineer and then of course it goes to the County Engineer. And they are holding it up for provision in a "development agreement" that was not required and that was probably from a legal sense waived way back when findings of fact and conclusions of law were passed or at least when the zoning and annexation ordinance was passed. That language and I can point it to you it said that it will be annexed upon the condition of a development agreement, but then of course the development agreement wasn't forthcoming. Kingsford: Are you suggesting that a person could come in give testimony before the Council and not be bound by that? McCall: No, please don't misunderstand me on that. IGngsford: Certainly my attitude through this whole process was that Marty was going to donate a well site. And that was certainly my viewpoint in terms of approvals from that point on. McCall: Marty's testimony and the comments by Council at preliminary plat was along those lines Mayor as you say. I am looking at the April 19 minutes which was when the preliminary plat approval was given. "I am really trying to step forward here with the well site for you and I would like to leave the option open on finishing that well site out for you as opposed to the pressurized irrigation system." And then Councilman Morrow said, he basically went on and said, "I propose that we pass the preliminary plat subject to Mr. Goldsmith coming forward and requesting a waiver of the pressurized irrigation system. When he requested the waiver of the pressurized irrigation system. Kingsford: And of course at that point as a point of clarification we were advised that water was not available for pressurized irrigation. McCall: There were 2 different subdivisions, Salmon Rapids that was and is the case. On Los Alamitos the waiver was based upon him donating this lot. That was precisely the provision under your ordinance that he was seeking a waiver. If you don't make me put in a pressurized irrigation system in Los Alamitos that has water we will donate a well. And he wrote the City to Mr. Smith saying, "rather than making a cash payment we would like • Meridian City Council December 6, 1994 Page 57 to deed the City Lot 2, Block 2 of Los Alamitos." The City Engineer then wrote back in a letter dated April 30, this is before this action, it said, "as we have discussed in the past and as you point out in your April 22 letter it is my desire to locate a City well on a lot in Los Alamitos or Salmon Rapids," I presume he means the City,"to help provide domestic water to the expected growth in this area. I appreciate your willingness to provide a 100 square foot lot for this purpose. In the Vineyards Subdivision the City of Meridian did credit the value of the lot for Well No. 15 against the subdivisions "in lieu of pressurized irrigation well development funds". However you know our City Council is stressing the importance of the installation of pressurized irrigation systems and any waiver of this ordinance requirement must be approved by them." And then he asked for the waiver, the letter goes on, "the preliminary concept plat of this subdivision shows that approximately 140 lots could be platted. The present assessment rate of $406 per lot will require a payment of $56,860 if the "in lieu pressurized irrigation well development fund fees" was allowed. So, at least at that point in time, both parties, the City and Marty were talking about you take this well site and maybe give us some more money because it doesn't add up to the $56,000 as consideration for the waiver. We proceeded with the request for the waiver, the waiver was turned down at this meeting and Mr. Councilman Morrow at that point just prior to Marty's comment states, and this is on your insert on page 10, "1 think the gray areas I am concerned about that we do not grant a waiver from the pressurized irrigation. Apparently by not granting that waiver if we elect not to that triggers some renegotiation with respect to the well lot in terms of different positions." We then did renegotiate it and I and Mr. Crookston and Shari Stiles sat down and we said if the waiver doesn't go through the lot is not on the table anymore. Kingsford: But Counselor after what you just read from Mr. Morrow, your client specifically said that he was going to give a well lot. McCall: And he said that in response to Mr. Morrows motion that his final plat be tabled and that there be a development agreement forthcoming. That is a development agreement never before that time was added as a condition. And if you read the comments from Mr. Goldsmith before that I think that kind of caught him flat footed and he was saying well what can I possibly do to get this final plat approval. And he made that comment and that comment, what I am trying to suggest to the Council is the only time in the whole history of this record that he had not tied it to the pressurized irrigation system. And so we are respectfully requesting that he not be held to that one comment and that the whole history where by this lot was to be tied to the waiver be considered. That is only with respect to Los Alamitos. With respect to Salmon Rapids I don't think there is any concern at all. Again, the development agreement that is before you was a development agreement that the City put forward and he in good faith signed even though we had come before the Council before. Final plat was not on this day, final plat was yet a couple of weeks later and I was here and at final plat approval I can assure the Council there was • Meridian City Council December 6, 1994 Page 58 no condition of donating a well lot. is Kingsford: Counselor, how many times do they have to be conditioned? Do we have to bring up everything at every meeting? McCall: No, but there was a development, if you recall at this meeting on the 2nd motion by Councilman Morrow he suggested that it be tabled pending a development agreement, Marty says oh dear what have we got here we have to do a development agreement. Kingsford: You are coming up with what you think or what he thought he was thinking, we don't know that. McCall: But then what happens is we had our meeting, Mr. Crookston indicated that the City Council did not have a form development agreement. And would we propose the specifics, we did and submitted it and when the final plat approval came up you had that memorandum agreement. That was the memorandum agreement that we had worked with the City and that did not require the donating of a well agreement. And so at that meeting Men the final plat was approved and I recall Mr. Mayor you asking Shari Stiles about the status of the development agreement and she stood up and revisited this whole problem of when do we do the development agreement, we don't have one yet. And she said however, this developer has taken a step forward, he has proposed a development memorandum, it addresses all of the issues then of the City Engineer, it addresses my check list, Shari Stiles's check list, and based upon that we got final plat approval. We then went to construction and we have this one line pulled out of the minutes that really is inconsistent with all of the other minutes. So that is our piece on this. Kingsford: I guess from our perspective we are trying to provide without irrigation impact fees, we are trying to provide enough water that these developments can continue at a reasonable rate. We have others that have donated well sites and. McCall: I guess what we would be prepared to entertain, but way of some sort of compromise because this wasn't his understanding that he would get hit with a $30,000 or $40,000 pressurized irrigation system and donate a well lot, is that this lot would be reserved for the purposes of a well lot. Kingsford: Counselor, I would say if we are going to buy a well lot we just as well see if we can't get one free from some one else in the area. McCall: That is what Mr. Smith actually suggested. Kingsford: I still think that he gave us one. • Meridian City Council December 6, 1994 Page 59 9 McCall: One of the things that Mr. Smith apprised us of is that Greg Johnson has on line although I don't believe there is any plat in front of it, another development down the road in which there is the availability of a well site. What we were going to suggest is let's earmark this as a well site for a specked period of time. He wouldn't sell it to anyone else for a year or 2 years or something along those lines. If another one is forthcoming fine, and if one is not forthcoming then enter into some reasonable negotiation, maybe a discount off the price. I think we need to settle the clear differences of the properties head with respect to the intentions. Kingsford: I can't speak to everyone's intention but I was certainly under the impression that we were getting a well lot from that statement. (Inaudible) different everyday. Morrow. Mr. Mayor, if I might, I would like to offer an opinion here in terms of I don't think I quite agree with you Mr. McCall with respect the on going negotiations in terms of Mr. Goldsmith with respect to the pressurized irrigation and those kinds of things. Even though there was a history in terns of talking about whether or not that was going to be done ultimately it wasn't going to be done. Mr. Goldsmith clearly testified in our meeting and I see this as a very dynamic thing. The fact that these were part of negotiations prior to don't have any effect with where they ultimately came out and ultimately it came out that it was a condition of his approval and annexation was that he was going to put in a pressurized irrigation system. He was going to develop or donate a well site. What went on before that doesn't really have any bearing on what the final document in my mind was because quite candidly from my perspective if he is not going to do those things then to heck with it we are not going to annex it. Take it or leave it, that is the way the issue really is as I see it. It is not that we are charged as the City Councilmen representing the best interest of the citizens of Meridian. The citizens of Meridian need pressurized irrigation systems they need well sites. We are under no obligation as the Council to zone or annex any property. If it doesn't fit our criteria then he had better buy a tractor and a straw hat and go to farming it because we don't need it, simple deal. Now to come here at 6 or 8 months after the fact and say well I want to renegotiate this or I want to do this because I think maybe I made a bad deal or whatever in my business which is the construction business if you make a mistake you fix it on your own time at your own expense. You snivel about it in private and get on and get it taken care of. I don't see where we as a City need to continually spell out every little item as it comes along. I know that the legal community makes a handsome living taking care of those (End of Tape) clearly here the issue is that at this point in time Mr. Goldsmith did agree to pressurized irrigation and to the well site. And that is where we stand, that is what I voted to approve. Had it not been there if we are looking back my vote for approval would not have been there. So, it appears to me that the original, where I thought we were is that this was all done and it shows up on tonight agenda and wanting to renegotiate that and that is not something I can support because that is where we were originally. 9 Meridian City Council December 6, 1994 Page 60 0 Kingsford: And further Counselor your comments with regard to Mr. Smith, he was asking the question what has been done in the past, yes there had been some negotiation and that was never discussed with the Council, that was something that he had done and this body was unaware of that discussion. So in terms of your chronology I don't think that meshes or fits with what we are discussing here. McCall: Just briefly addressing Councilman Morrows comments, it wasn't there is our point. It was not a condition of the annexation, clearly if you read the annexation ordinance it isn't there. It wasn't there at the preliminary plat stage and at the final plat stage it wasn't in the memorandum agreement that we had provided and negotiated with the City and put before the City Council. It only came up, in fact it wasn't even there when the development agreement that you had before you was prepared and signed. It only came up after your Council went back and found that some of these minutes could be consistent with what you are saying, but we are just making the point that some of those other minutes in fact all of the other minutes are consistent with the developers understanding that it would be, this is not a double cross on his part, don't get that impression. He always legitimately understood that well lot was in lieu of the pressurized irrigation system. He may have said at that final meeting, I am frustrated. Kingsford: He didn't say I am frustrated, you are paraphrasing words. It is clear what he said. Now I don't know what motivated that and we could all speculate on that, but what he said is very clear. McCall: He was trying to get the final plat approval which he then didn't get. Kingsford: At that point. Where we are to is we don't have a signed development agreement. McCall: We are prepared to sign and have in fact signed both development agreements without the changes at this point we are prepared to sign both of them with all changes but we wanted to have an opportunity to address the Council on that and show the history where by this was not ever originally a part of the conditions. It was not. Kingsford: Using that as an example we didn't ever stage a well Marty will provide sewer and water, that is given we are going to. I don't think you have to put it at every stage Counselor exactly what is there. I think that negotiations along the way indicate what is expected. McCall: And our view is that the negotiations along the way including correspondence from the Council, including our submission, including the tabling pending a request for waiver or that the well site was going to be in lieu of the pressurized irrigation system. When that Meridian City Council December 6, 1994 Page 61 waiver was denied we pulled the well site back out we made that known both to the City Engineer, the City Planner and we made it known to Council by preparing the memorandum agreement without that in it. And I understand that he said that and I understand the Council can hang its hat on that and we will live by it, but that is not something that we are trying to come back and renegotiate I assure you. That was always this developers understanding and we can look at the minutes from April 19th, we can look at the minutes from May 17th and we can look at the original annexation and zoning. And our version if the version of the (inaudible). He is the one that came forward and said I will give you this if you give me a break on the pressurized irrigation. That historically has been what this council has done. Kingsford: Historically represents one, I am not sure. McCall: You mean in Vineyards? Kingsford: Right, I am not sure what kind of a precedent that sets when we are talking (inaudible). McCall: I guess from just a purely legal perspective I am at a bit of a loss when the Council says that the development agreement now should come in after the fact when the ordinance said that this property will be annexed subject to a development agreement. Kingsford: I think Counselor disrespective of the development agreement if we didn't even require one Mr. Goldsmith's comment that he will donate that well site I think is a binding comment in a public meeting. McCall: If I would just -if the Council would acknowledge that he also made several comments to the contrary before that and that is (inaudible) and that is what he thought, I don't know Mat was in his head, maybe thought that if at the last moment when he was being held up again for another week if he said that he would get approved. Then he didn't get the approval anyway. We were left with going back and going a development agreement, we did one. The City said it is subject to negotiation, Mr. Crookston says we can hang him on this and that is why we came in tonight. Kingsford: I don't think Mr. Crookston said, 1 advised Mr. Crookston that was certainly my understanding and I believe that other members of the Council, although I can't speak for them. Morrow. I am going to say with respect to that Mr. McCall to put this issue to rest is that quite candidly from my perspective is if the lot had not been included neither would my vote for approval. So if we are going to play if and if and if as I saw the process when we • Meridian City Council December 6, 1994 Page 62 got down to the point okay this is what you are going to do this is what the city will do, your approval from the City is contingent upon several conditions. One of which is you are going to donate the well site. So if that is not part at that point in time then it is not an acceptable proposal to me. And quite candidly that is what my vote is based on. Now I can't speak for the other 3 guys I don't know what their votes were based on, but that is where I came from. And that position is consistent with any project and any development from the standpoint that I want to hear the verbal presentation. I ask for presentations so that we have that on record coupled with the written so that it is clear in my mind what it is that we are giving to the development team and what they are giving to us so that we have plenty of track record there. And what we start out with at point A and what we end up with at point Z often are widely different things. My vote is based on where we get at point Z that is in the best interest of the citizens of the City of Meridian. So, if we are going to play if s here, if it wasn't part of the proposal my vote wouldn't have been there. McCall: Well, it wasn't and your vote was there. Morrow. Well, it wasn't in my mind because it was testified to. I have nothing further. Kingsford: Other comments of the Council? Corrie: Development agreement, where is it, what does it say? Kingsford: I believe we have an agreement on the other one (Discussion Inaudible) Kingsford: I would entertain motion to approve of that conditioned upon the notes included by Council that seemed to be in agreement with the applicant. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the development agreement for Salmon Rapids subdivision incorporating notes with Wayne Crookston legal counsel, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Wayne, should I have asked them to include in that my ability to sign for the City and Will too? • Meridian City Council December 6, 1994 Page 63 Crookston: Yes Morrow. I would give the Mayor to power to sign for the City on the development agreement and to be attested to by the City Clerk for Salmon Rapids. Yerrington: Second Kingsford: Moved by Walt, second by Max to allow the Mayor and the City Clerk to sign the development agreement for Salmon Rapids, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Now, the other one, what is your pleasure? Yerrington: Well, it still sticks in my mind if I think about January 1 st of this year everything had pressurized irrigation from about that point on. And I don't care who you were or what color you were or anything we put it in there and we kept it. Kingsford: I believe that Marty's comments about being first on some things were accurate. Somebody is going to be first. I think the Council has been very consistent on that, if it has been at all possible since that time pressurized irrigation has been enforced. I think the issue at hand is not specifically the pressurized irrigation it is the well lot. Corrie: We are going to do that, that is clear. Mayor, the development agreement for Los Alamitos Subdivision is both for a well site and pressurized irrigation, is that correct? I still haven't seen it. Kingsford: That is the development agreement. Corrie: I haven't seen the development agreement. Kingsford: (Inaudible) because of the hand written notes on it by Wayne. McCall: This is it and Wayne made some comments and we are in agreement with all of the comments until you get right over to very last page. And the last page has a series of conditions and once again we are in agreement with all of those conditions but number 12 had said make provision for a well lot to be purchased or deeded to the City upon mutual agreement. Wayne then crossed out the words make provision and said donate a well lot to the City. And our objection was we just had a different understanding historically of that condition. 0 Meridian City Council December 6, 1994 Page 64 • Corrie: So, we are going then on what our Counselor said that they will donate it? Kingsford: Well, Wayne put that in there based on that, I guess it is up to the Council whether they approve of what Mr. McCall, all the other stipulations would not, the well site donation or you dissatisfied with that? Corrie: I think the well site should be donated, I agree, but my only thing was that I had not seen anything. I didn't know really what I was doing here or what 1 was voting on. Morrow: Mr. Mayor I would move that the Council approve the development agreement to and including our Counselors notes as written for Los Alamitos subdivision. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the development agreement for Los Alamitos subdivision to and including the notes of our legal Counsel Wayne Crookston, all those in favor? Opposed? MOTION CARRIED: All Yea McCall: Point of clarification, then the City would sign this one as well with those changes and then Marty would presumably sign? Kingsford: I am going to have to ask these guys again. Morrow. I am song Mr. McCall you are absolutely correct. I also would authorize the Mayor to sign for the City and attested by the City Clerk. Yerrington: Second Kingsford: Moved by Walt, second by Max to authorize the Mayor and City Clerk to sign and attest the development agreement for Los Alamitos, all those in favor? Opposed? MOTION CARRIED: All Yea McCall: And then there is one last point of clarification. That was our understanding that was the only hold up in the City signing off on the plat assuming there are no other difficulties we can now get the City to. Kingsford: And I don't believe that takes Council action, was that not a condition of the signing? Meridian City Council December 6, 1994 Page 65 Crookston: I don't recall. Kingsford: Mr. Smith, do you happen to remember that off the top of your head. Was that approved pending approval of the development agreement? It doesn't require Council to take further action does it? Smith: I just talked to Wayne Crookston about the process of signing the plat and the signing of the development agreement and which one should come first and Wayne advised me that the Development Agreement should be signed by both parties prior to me and City Clerk signing the plat. Kingsford: Right, but as far as Council action we have done all we need to for the final plat haven't we? Smith: I assume, I think so. I haven't looked at the minutes for quite some time because I have just been sitting on the plat waiting for this development agreement to be ratified. Morrow. I don't think, if memory serves me correctly since my time here since the first of the year I don't think we have every done anything or instructed you in anything with respect to your signing of the final plats. Smith: We just look at the approval, the minutes of the meeting where the plat is approved. If it is approved by the Council then that authorizes me to sign the plat. Kingsford: That is what we don't know, I guess that is what I am asking. Have we approved the final plat? Smith: Let me look into my final, just a second. McCall: If I can be of some assistance although I don't have the precise date in June, final plat was approved. That was the last meeting and final plat was approved with no conditions attached and then we went to construction and got the plat circulated and then this issue of the development agreement came up. Kingsford: I would imagine it had staff requirements (inaudible). McCall: I just wanted some clarification that now we were in some position to get that signed. Kingsford: If that has taken place then as soon as the development agreement is signed by both parties Gary will sign the plat. C: Meridian City Council December 6, 1994 Page 66 (Inaudible) • Kingsford: You have those so you are satisfied that (inaudible) I guess the issue would be if it hadn't then we would have to hold it up. ITEM #29: NELSON/MCALVAIN: LATE COMERS AGREEMENT AND WATER LINE EXTENSION: Kingsford: Is the owner of that present? Nelson: My name is Jim Nelson, part of Nelson/McAlvain. I am lost they told me to show up here, I am sure it deals with the water line extension we put on out to Commercial Park going down Eagle Road and to Commerce Park there. (Inaudible) was that we put up the money, we build the system and we submitted a bill I think for around $120,000 an then we are to be reimbursed as people hook onto the system as per your formula. Kingsford: I guess I am at a little bit of a loss, Gary we haven't necessarily handled those at Council before have we? Hasn't it been a situation where you calculate that and we set up that late comers agreement? Smith: Well, that is part of it Mr. Mayor. But the Council has to agree to according to the ordinance if I am correct Wayne, the Council has to authorize this late comers agreement to be drafted. It is not an automatic thing, the Council has to say yes. Crookston: That is correct. Smith: Mr. Crookston prepare a late comers agreement and then the developer submits the cost to me and we include those costs and develop a formula for the payback. Crookston: And ultimately the Council has to approve of the agreement, it is just like a contract. Morrow. So really what Mr. Nelson is doing here is just requesting us to take the formal action to create the late comers agreement. Kingsford: Is there a motion to (inaudible) to a late comers agreement? Morrow. So moved Corrie: Second • Meridian City Council December 6, 1994 Page 67 Kingsford: Moved by Walt, second by Bob to enter into a late comers agreement with Nelson/McAlvain late comers agreement for water line extension, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #30: GULL PEST CONTROL: REQUEST A 6 MONTH EXTENSION OF TEMPORARY SALES TRAILER AT 1720 FRANKLIN ROAD: Gull: I am Scott Gull, 1720 Franklin Road is our office location. Mr. Mayor and Councilmen I want to thank you for allowing us to have our temporary status on our mobile home office. We would like to extend that for an additional 6 months if we could. Kingsford: Any questions of the Council. You can go by and see the progress being made. Morrow. I have no problem. Corrie: I just make the comment that he really has a nice area there and I agree. Kingsford: Entertain a motion to extend that 6 months. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the mobile office for Gull Pest Control for another 6 months, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #31: KEVIN HOWELL CONSTRUCTION: REQUEST FOR ONE YEAR EXTENSION FOR CHAMBERLAIN ESTATES SUBDIVISION: Merkle: Mr. Mayor, members of the Council I am Jim Merkle from Hubble Engineering on behalf of Kevin Howell the applicant. Chamberlain Estates is a 27 acre single family subdivision on the east side of Locust Grove. His original intention was to develop the, to get started on the project this past year but due to market and the (inaudible) on the final plat he is finishing his second phase of Howell Plat this Spring and probably won't start the first part of this until Fall of this year. So we do need a one year extension of the final plat. All the engineering plans have been done, the sewer and water plans have been approved by the City, approver! the State, the plat is being processed through the health department • Meridian City Council December 6, 1994 Page 68 • and the highway district. He has just not started with the construction phase due to the slow down in the market He is requesting a one year extension on the time period it takes to record a final plat. Corrie: I don't have a problem with that. Smith: Mr. Mayor, members of the Council, one thing that and I think that Mr. Howell has directed Jim Merkle to write a letter which Jim did and I received a copy of it by fax today. We have had a problem out there with the, we lovingly refer to it as the pit between, it is a long narrow finger like piece of ground that connects Chamberlain properties with Locust Grove Road and was originally the access to the first piece of property that makes up Chamberlain Estates Subdivision. And throughout last summer this pit was continually full of water and we received numerous phone calls from the adjacent property owners, from Commissioner Bisterfeldt of Ada County who was called several times by one of the property owners. We were in contact with Mr. Howell and Mr. Howell made some attempts to eliminate the problem. But as of the end of the irrigation season it was still there. The letter that Jim wrote to me and was faxed to me today says that they will be constructing that pond which is a retention pond in accordance with the approved plans. And that the sand and grease traps and the storm drain pipes and trenches will be constructed with the street improvements at a later date. They are saying that the construction of the pond should alleviate any potential irrigation nun off problems from the adjacent fields. We were in contact with Mr. Howell and requested that this letter be sent to us as an indication that they will take care of the problem, but I guess all 1 can say is that we have, it has been addressed by the developer. And it was a concern through the last irrigation season. Kingsford: I guess the request for extension ought to be predicated on that being remedied. Morrow. I think my, if I were to make a motion at this point is, my motion would be that we grant an extension until April 15th and conditioned on at such time if that improvement is not in then the extension is over with. If the improvement is in then it presses on for the remainder of the 1 year calendar date. Merkle: Weather permitting. Morrow. Irrigation comes in April 15th. Merkle: You are right, the letter we sent to the City said by the and of January it would be graded weather permitting. If there is a foot of snow you can't grade. There is no problem now, the problem doesn't come until the water does. And I do understand your point. • Meridian City Council December 6, 1994 Page 69 • Morrow. What I would be after is that the extension is good until April 15th, if the improvement is in it is good until whatever a year from today's date is, December 6th, 1995. Yerrington: Second Kingsford: My recollection of what you meant was from your statement if 1 were to make a motion and apparently you did because Max seconded it. The extension be granted until April 15th conditioned upon the gravel pit issue being remedied and if it not it is dropped if it is then it is extended for the calendar year which would be December 6th 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #32: PROCLAMATION: A TIME OF DRUNK AND DRUGGED DRIVER PREVENTION: Kingsford: Whereas, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,500 national highway deaths annually; and Whereas, 85 fatalities and 1,508 injuries resulted from alcohol -involved crashes in Idaho during 1993; and Whereas, motor vehicle crashes are the number one cause of deaths for children, adolescents and young adults in the United States; and Whereas, injury and property damage resulting from alcohol and drug -impaired driving accidents cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and Whereas, health care costs resulting from motor vehicle injuries cost American society over $14 billion a year, and $35,000 in health care costs alone can be saved for each serious injury prevented; and Whereas, comprehensive community-based programs to further reduce and prevent impaired driving tragedies through education are known to help the cause; and Whereas, if we take a stand now, we can prevent impaired driving and save lives; Now, therefore, I Grant Kingsford, Mayor of Meridian do hereby proclaim December 1994 as A time of Drunk and Drugged Driver Prevention in Meridian and I urge all citizens to support the these "the responsibility is yours - choose a sober driver" to become aware of the problem of driving under the influence and the importance of education, legislation and enforcement to help prevent drunk and drugged drivers. I proclaim this Friday, December 16, 1994 as National Lights on for Life Day and encourage all drivers of publicly and privately owned commercial and non-commercial vehicles to drive with their head lights on throughout the day to call attention to the importance of measure to prevent drunk and drugged driving and in memory of victims of this crime. ITEM #33: DEVELOPMENT AGREEMENT FOR CANVEST (VAN AUKER): • Meridian City Council December 6, 1994 Page 70 Kingsford: Where are we at with that development agreement? Is a representative here? Did you get notes back on that one? (Inaudible) Stiles: If I could I would like to kind a little bit on this. This is part of the Van Auker annexation. Table Rock Brewery they are trying to get a building permit in that subdivision and can't because the property has not been annexed yet. We have received a letter from Van Auker approving the findings and agreeing to enter into a development agreement. I would just ask that ordinances be prepared for that so we can get on with it and continue so they can get a building permit also. Kingsford: Shari or Counselor one, do you have this (inaudible). The legal for this I don't know if it represents a problem since we are not annexing, what it is, is the tax parcel number. Does that constitute a problem for us on the development agreement? It is not the same. Crookston: We need a meets and bounds or lot and block legal description. Nelson: There should be a lot and block on there and on the next page you should see a map of the lot and block. Morrow. That is a copy of the stuff that came from Ada County, is not Ada County Development services processing a building permit on this? Crookston: On Table Rock. Stiles: There is a request for Traffic impact study or something through Ada County P & Z. Morrow: It is a TD and Ada County does a TD and then comes out. As a matter of fact I just gave Wayne a copy of how Ada County does their TD's and in essence they request or set up conditions for the TD and it goes before the County Commissioners and then once all those conditions are met by the applicant then the building permit is issued through Ada County. The issue here is we are going to annex this and go with it then none of this stuff that they are currently trying to do with Ada County even needs to be done. Because the building permit would be issued through our building department. Why is this (inaudible). Kingsford: What are you asking, are you asking to (inaudible) County? Nelson: We wanted to get into the City and first thing is first we had to settle the • Meridian City Council December 6, 1994 Page 71 • development agreement. Basically we wanted to get it in and done and signed so that we were done with it and move on with whatever step we needed to move on with next. And so that should be that. Kingsford: So the material we have from the County is immaterial. Nelson: At this juncture, I haven't even seen the material from the County. Kingsford: What I was searching for was if you had a desire to get a building permit through the County and that would be a whole different ball of wax of what we think we are looking at. Your intent is to get this done, get annexed and (inaudible). Nelson: If we can do it, the thing is we want to get the building built of course and get Table Rock in the building and that sort of thing. So we would prefer to get it through the City if we can do that, but we have to expedite the process to try to get all the annexation specifications filled (inaudible) get the permit through the City. Morrow. Quite candidly with Ada County their T and D stuff you are probably 60 days away from a building permit in all reality. Kingsford: Well, the problem here is we haven't annexed this property, so I don't know how far we are away. Morrow. Was that not part of the Van Auker annexation? Kingsford: It is and where are we at with that Counselor, so we have a time frame. Crookston: I have reviewed it, well, specifically I have reviewed one that was submitted by 4M. I think that development agreement needs to be substantially restructured because this applicant is not the one that requested the annexation, I think that a development agreement is appropriate because the property is being annexed. But it needs to be restructured to point those things out and what the applicant is agreeing to because it was not a condition of them being annexed it was a condition of the property that Van Auker wanted to be annexed. There is a difference between the application of Van Auker and us dealing with 4M. Kingsford: Are you suggesting that Van Auker needs the development agreement (inaudible). Crookston: No I am not, it just needs to be re -worded. u Meridian City Council December 6, 1994 Page 72 r� Nelson: When I was talking to Ron Van Auker and Jim Jones they were saying that after the initial group of people had come in under that first Council meeting and tried to get all those properties under one representation then the individual owners would then seek their own development agreements with the City as their own entities instead of doing it all under the Van Auker representation again. Which is what we are trying to do here and I saw your comment about there was no reference to the Van Auker agreement so I added on the last page right before the exhibit A there is another paragraph added there that we would abide by the agreement that we had reached for the Van Auker representation. Crookston: I may have not seen the most recent. (Inaudible) Nelson: I got a copy of it yesterday and I returned a revised copy (inaudible). Basically taking your comments and just fitting them into the document and then putting that other comment about Van Auker at the end and adding the legal description and (inaudible). Morrow. Do they have as part of the development agreement covenants and restrictions for this property? Crookston: I don't recall. Kingsford: I would imagine that subdivision would have some and I don't know whether that would be appropriate to tie 4M to, but rather that subdivision. Since it is already Morrow. Is this a one, this is one lot within the existing subdivision. Kingsford: Right, and I assume they already have some CC&R's. Morrow. And we are annexing the entire subdivision. And so then part of the development agreement or at least an appendix of that development agreement ought to be the covenants and restrictions as they currently exist. Kingsford: For 4M? Morrow. Yes Kingsford: (Inaudible) Morrow. If they exist, there may not be any covenants and restrictions. Meridian City Council December 6, 1994 Page 73 Kingsford: Again, I guess I am not clear Wayne where are we at to help this gentlemen with regard to (inaudible) timely fashion or are we going to have that annexed. We have some minor adjustments to make in this development agreement. Where are we at with regard to the annexing issue? Crookston: I think that as long as you approve of the development agreement because that was a requirement of the Van Auker annexation it is going to be fulfilled apparently by individual property owners when it is fulfilled by that property owner that desires to be annexed. I think we can then annex. Kingsford: That property? Crookston: And only that property. Kingsford: (inaudible) contiguous. Crookston: If they are not contiguous we cannot annex. Kingsford: Well, using that philosophy then we have to have a development agreement from everybody in the chain and that is going to be a real (inaudible) that is going back to being as bad as the conditional use issue. Stiles: Mayor and Council it was not a condition in the findings that a development agreement be entered into prior to annexation. It was only that they agreed to enter into a development agreement which they have done. This property cannot be annexed because it is not contiguous to the City yet. The Van Auker Kingsford: (Inaudible) saying to us that it wasn't a condition that we could go ahead and annex the Van Auker property? Stiles: Yes Kingsford: As they go to develop then they are going to have to have a development agreement. Stiles: Yes IGngsford: So we need to rock that annex off the burner and get an ordinance done. We directed you to draft that? Crookston: No Meridian City Council December 6, 1994 Page 74 Morrow.. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney draft annexation ordinance for the Van Auker annexation, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: So if we are on the same sheet of music then Wayne will review the development agreement you guys re-examine that. Is it appropriate for us to take a look at that on the 15th or is the Council satisfied with Wayne's comments being okay and approve it pending and authorize me to sign it pending the agreement? Corrie: 1 have no problem with it, I still would like to see these. I don't like to approve something I haven't seen. Morrow. Let's have it ready for the 15th and put it on the schedule. IUngsford: You guys get that worked up to the joint satisfaction and make copies for the Council and we will take that up on the 15th. Motion to table to the 15th. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table the development agreement for Canvest for the 15th, all those in favor? Opposed? MOTION CARRIED: All Yea Nelson: (Inaudible) comments of the last development agreement, you look at them again and he approves it we would do a final signing of it and then we would just look at it again. Crookston: It will go to the Council for them to consider on the special meeting of the 15th. Kingsford: Make sure that these things are chased down so that Mr. Corrie can read that prior to the 15th. I only take seconds to read it because I am a speed reader. Nelson: How long will I be looking at, will I get a call when the document is okay or not okay to where I can come sign it and that sort of thing? 0 • Meridian City Council December 6, 1994 Page 75 Crookston: Yes, if I have a problem with it I will call you, if it is okay I will call you. Give me your phone number. Nelson: My name is Chris Nelson, my office number is 343-3051. Crookston: Thank you ITEM #34: DEVELOPMENT AGREEMENT FOR RAVEN HILL SUBDIVISION: Kingsford: Where do we stand with that now? We said we were going to take that up at final plat. We are not to that at this point am I correct there, Raven Hill we are not to final plat? Stiles: Right, they haven't been annexed yet, and the preliminary hasn't been acted on. Kingsford: So let's table that until final plat. Morrow. So moved Yerrington: Second Kingsford: What did you want to say Will Berg? Berg: I want to talk about this first of all, on that issue we need to get an ordinance prepared for Raven Hill don't we? That is what is holding up Raven Hill from being annexed was the development agreement. If we decided to change the process we need to get some ordinances going before December 31st 1994. Kingsford: For the tax roles. Berg: Right, the second thing is on these development agreements I have a problem and I talked to Walt and Max knows this, about giving you a copy of what Wayne gives to me that I give to the developer, because I would rather give you something that both parties agree to and then you can agree to it. (Inaudible) Berg: That is why I would, Wayne gets them done as soon as he can, I call them. Some of them have come back to us but they only have 1 or 2 days before the meeting to do that and that is too fast to them getting their comments back to Wayne the second time. i Meridian City Council December 6, 1994 Page 76 • Kingsford: Somehow those need to be put on, is it Shari that is the one that deals with this. Those need to be put on the agenda when the developer says here I will have these to you by this date so that we can have it to put with the Councilmen's packet on the Thursday prior to the Council meeting. So we need to not put those on the agenda if they are not back to us by that Thursday. Stiles: Mayor, I understand that, the main reason most of these are on here today because these projects are just dead. You haven't acted on the plat or the conditional use permit or whatever it is and these people are waiting to be annexed and I can't incorporate any items into the development agreement because they don't have anything approved. Berg: And we just changed that process. Stiles: Yes Kingsford: So we need to go through all of those, drudge up the numbers and get the ordinances done for those. Berg: Plus I am trying to hold off to get you a final copy. I didn't want to give you 5 or 6 marked up ones that I don't even know if the developer (inaudible). Kingsford: Moved by somebody and seconded by somebody to table this until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: What did we just table? Kingsford: We table 34, Raven Hills, excuse me that is tabled until the final plat, that is what we had talked about. This is one we need to have the City Attorney prepare an annexation ordinance for Raven Hills. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare and annexation and zoning ordinance for Raven Hills Estate Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council December 6, 1994 Page 77 ITEM #35: DEVELOPMENT AGREEMENT FOR LA PLAYA (BRANDON CREEK): Kingsford: Where are we at there. Rees: I am Jim Rees the engineer for MTC, I am not an attorney but I am here. However there are, Mr. Kirby has signed a development agreement and it was given to Shari. I got this back today, we found out that there were a few little things here. I guess I am kind of confused. I was here at one time and I thought we had a request for annexation approved and a preliminary plat approved. But I found out we don't have anything until we have the development agreement. There are a couple of things on here in this thing that really doesn't make sense. It says "Whereas the City Council in the findings of fact and conclusions of law annexed or rezoned the property subject to de -annexation if the developer did not enter into a development agreement" Mr. Crookston has added a paragraph on de -annexation if the development agreement is not entered into. Well, (End of Tape) Mr. Kirby signed this one, there are a couple of other places in there where I think the tense is wrong, item 3 it says that the property zoned R-8 described in Exhibit A and Exhibit A is a plan and a legal description which are on file with Shari. I don't see a problem with that, that tends to be correct without any problems. In item 11, there is a attempt there afterward. In item 14 it says add, first Z paragraph of security interest language, I don't have those but if I recall right the City wants an interest in this property? Wants an equity interest in this property is the way I read that, I don't understand that. Crookston: They don't want an equity interest they want a lien interest. Rees: How is a bank going to allow somebody to have a lien interest when they have the first, when in this instance there is already a development loan on this piece of property. I can understand the City wanting bonds which they should have for all the construction and the facilities so that they will be constructed. But, I find it difficult to believe and I don't know Mat some of these other developers have done on theirs or what their development agreements say. But, it is difficult for me to understand how a bank will let anybody other than them and the developer go along with this other than the letters of credit and the bonding if something is not done. That is pretty standard practice in all the cities I have been in and that is quite a few of them. Crookston: The reason that I added that to your agreement was because in our initial agreements we basically stated that a lien was granted to the City to secure the installation of the improvements. It went on further to state that the City would grant a subordination to the lender if the lender stated that they would make sure that the money that they were loaning went to installation of those improvements. We have had several developers make the same comment that you have, the reason 1 put it in there was to bring it up so that you would be aware of it and address the Council as to what the Council wants to 0 Meridian City Council December 6, 1994 Page 78 require. • Rees: Well, don't get me wrong but to me that is one of those pleasures where lawyers get rich trying to satisfy a lien. In this instance Mr. Kirby is probably very capable of taking care of it, but if in fact it was one of those places where you didn't have a person that was fairly substantial and the City has a lien on the piece of property and has to go in and do it and sues the guy and all he has is his pick-up and black dog what is the City going to get. Now if he has a bond you know it is going to be done or a letter of credit. Crookston: I don't necessarily disagree with you but the lien is against the land it is not against the developer. Rees: That is true but there are other factors in here that say the City is going to go ahead and develop if the developer doesn't. Crookston: They have the option to, yes. I certainly understand your comments though. Rees: In this instance I would like for item 14 and it says the City may require a surety bond just change it that may will and leave out the other security interest. Morrow. I think Jim part of the deal is that typically as you and I both know we post bonds all the time from 105% to 150% probably where we ought to be in terms of these development agreements is somewhere around 120%. What are your thoughts there? Rees: 110 to 115, if you get too high you are running out of the developers commitment from a bank, as you are familiar with that type of situation. You want to have enough money in there to make sure they get the (inaudible). Inflation has been running 4 or 5 or 6% a year, so that the end of the year if you have 110% and most of our investments are a little high. Morrow. I think my concern would be in the time period that we are about to enter into we can see some of these subdivisions not doing anything at all for 3, 4 or 5 years and then all of the sudden we would have to call the bond and have to do something to finish it out. If we were at 110 we would be upside down. Rees: If you go that long you would be. It is one of those things, 1 agree with you on that. I think there could be some developers in trouble. I think you would be a lot better off having those bonds and calling them. If they can't come in at the end of the year, you give them a year, if they can't get it done come in and request an extension and change the bonding. Meridian City Council December 6, 1994 Page 79 Corrie: I would like to study that a little more, it makes better sense to me. I don't know why the City would want to develop it anyway. Kingsford: We discussed that at some length on a couple of different ones and in most cases I don't think we would. Usually they are going, something is going to come up and there won't be something that you develop and have 1 lot done. You are talking about having a phase completed and we wouldn't want (inaudible) we wouldn't want to do the second phase. Crookston: The only way it comes up and it may not come up in La Playa's situation but if you have a developer that is supposed to be putting in lines that is annexed and is supposed to be doing things and you have a subsequent let's say down stream developer starts to put in relying on that the upstream guy is going to put his in and then he doesn't the down stream user then can't connect. Rees: And I can understand that, I just don't think it needs to be in this one. That was my point. Corrie: That can be handled with bonding. Morrow. Yes Bob it can. Rees: (Inaudible) I know how this banker thinks, they will write letters of credit without any trouble for him. But they want to have the right to go ahead and finish it up if something were to happen. He has been around here for 20 years and never failed on one yet, but there is always a first time. Morrow. I think from my perspective that bonds and letters of credit are the cleanest and safest ways to deal with any of these kinds of (inaudible). Kingsford: Well, so, I guess then where we are at is you some minor problems that didn't amount to a whole lot that we could probably deal with. Rees: (Inaudible) that was the main one (Inaudible) Kingsford: I am hearing you say we ought to scratch in there and have the City will require surety bond instead of may, the City will. I think I am hearing the Council agree to that. Rees: Surety bonds or letters of credit. • Meridian City Council December 6, 1994 Page 80 Kingsford: Actually for me I think I (inaudible) as well. • Rees: It is a lot easier and it is a lot easier to get. A surety bond for a development is almost impossible. Kingsford: Those are things that require us to have (inaudible) Rees: And I have discussed this with Mr. Kirby and he says it is okay. Kingsford: Is the Council willing to approve that subject to the other stipulations of City Attorney and strike item 14 and put in shall instead of may. Crookston: Let's don't strike it let's just re -word it. Morrow. I was going to say we are not striking because the heart of that is still asking for surety bond or the letter of credit. I don't have any problems with that. Kingsford: Are you guys comfortable then with approving this one subject to Counselor's review and authorizing the Mayor and City Clerk to sign. Yerrington: So moved Morrow.. Second Kingsford: Moved by Max, second by Walt to approve of the development agreement for La Playa subject to Counselors review and approval and authorizing the Mayor and City Clerk to sign, Counselor? Crookston: I would like to have Shari's approval also. Kingsford: Are you willing to amend the second? Morrow. Yes Kingsford: Amend the motion to that effect? Yerrington: Yes Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea • Meridian City Council December 6, 1994 Page 81 0 Kingsford: Do we need to have an ordinance drawn on this one to annex it? Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney draw an ordinance annexing this property, all those in favor? Opposed? MOTION CARRIED: All Yea Stiles: Mr. Mayor and Council the conditional use permit and the preliminary plat also need final approval from the Council so that needs to be put back on the agenda. Kingsford: Put that on the next agenda then after the annexation. Which actually could it go on the next one, it couldn't after it has been published. It goes on the 15th, we wouldn't make the next one it is going to have to be the 1 st of the year. (Inaudible) Kingsford: What I am saying is before it is actually annexed we have to have it published and for us to grant those we have to have it annexed. So we are talking put it on the first meeting in the next year. (Inaudible) Crookston: The notices are not the problem. Kingsford: When you can get them done make the appropriate notice. All of those thing that we can get those things published we get the taxes for next year. Otherwise not for the next 12 months. ITEM #36: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre- determination hearing at 7:30 P.M. December 6, 1994 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer and trash bill are delinquent. You may retain counsel. This service will be discontinued on December 14, 1994 unless payment is received in full. Is there anyone who wishes to contest their water, sewer and trash delinquency? Entertain a motion to approve the turn off list. Meridian City Council December 6, 1994 Page 82 Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to approve the tum off list, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: They are hereby informed that that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off. The amount of the tum off list this time is $21,824.03. ITEM #37: APPROVE BILLS: Corrie: So moved that we pay them. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the bills, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #38: DEPARTMENT REPORTS: Kingsford: Mr. Smith, sit back down Gary, I want to please Mr. Berg. (Inaudible) Kingsford: Mr. Berg Berg: We have before us a transfer of Beer, Wine and Liquor. We had a little bit of a problem with some dates that I suggested and it was kind of interpreted by the applicant that I meant what I suggested. This transfer has been approved by the State, County and our Chief of Police, is that correct? (Inaudible) Kingsford: Any questions of the Council? Entertain a motion to transfer. • Meridian City Council December 6, 1994 Page 83 Morrow. So moved Yerrington: Second • Kingsford: Moved by Walt, second by Max to approve of the transfer of the Liquor license. Crookston: The liquor can't be transferred. Kingsford: Beer and Wine excuse me. (Inaudible) Kingsford: Where are we at with fees, did you do anything? Berg: We haven't got that ordinance yet, so right now liquor is full fee and the transfer is for Beer. Kingsford: Can I ask you to withdraw the second and the motion and go back (inaudible)? Yerrington: Yes Morrow. Yea Kingsford: Entertain a motion to transfer the beer and wine license. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the transfer of beer and wine license to Mr. Youngermen, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: We need a motion to approve of the liquor license. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the liquor license for Mr. 0 Meridian City Council December 6, 1994 Page 84 Youngerman, all those in favor? Opposed? MOTION CARRIED: All Yea 0 Crookston: On the bottom of the sheet down here it says said transfer to take place on 11- 1-94. Berg: That is when he originally came in and we told him the process he had to go through with the State. He is trying to get this transferred, which I will try to make this correction for tomorrow. He had to change, from my understanding he had to change his lease agreement and things like that to accommodate the transfers and the new liquor license. Kingsford: Mr. Smith Smith: Mr. Mayor and Council members, I have 3 items tonight. The first one is the bid opening results for our manhole rehab project. I will pass out a recap sheet for you. This bid opening was held on December 2nd at 3:00 P.M., it is rehab of some manholes on a length of sewer line that begins on NW 11 th Street just off of Franklin Road in the Business center over there where Steinbaugh Automotive is located, Crestwood Industrial Park. We have the manholes that are being replaced are being replaced because of some hydrogen sulfide that was generated from a lift station discharging into the upstream manhole from Franklin Square subdivision. It just ate them up and so we are replacing (inaudible). We are doing some other rehab work to some other manholes and the low bidder was Brown Construction at $28,680.70. Kingsford: Entertain a motion to approve Brown Construction's bid. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to approve Brown Construction's bid in the amount of $28,680.70, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I would entertain a motion to authorize the Mayor and City Clerk to sign the notice to proceed and award of bid. Morrow. So moved Meridian City Council December 6, 1994 Page 85 Yerrington: Second Kingsford: Moved by Walt, second by Max to authorize the Mayor and the City Clerk to sign the notice of award and notice to proceed, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: The second item I have is your approval for the engineering agreement for a new tertiary filter at the waste water plant. We solicited and received a proposal from Keller and Associates, engineers in Boise these are the engineers that did the design work for us on the purchase of the ultra violet equipment and also the design and construction of the chamber in which the equipment is housed. Let me find the right sheet here. They are proposing to do the design and prepare the bid documents for the addition of the tertiary filter for the sum of $25,465 lump sum amount. Kingsford: What was that amount again Gary? Smith: $25,465, the work that they did for us on the ultra violet project was very well done and we just had one minor problem that came up and it was overlooked by everybody including our plant personnel. That was our non -potable water. Kingsford: Any questions of Gary? Is there a motion to approve. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the engineering agreement for the tertiary filter at the wastewater plant, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council members, the third item is an engineering agreement with Aarons and Mason Engineering to do the work required to replace the sewer line, the length of sewer line from Bower Street north to the alley between the creamery. We hired them to do some initial investigation and Walt and I met with Harry Aarons last week and John Shawcroft and we discussed the alternatives that were placed before us by Aarons and Mason to replace that line or rehab that line. It turns out that the most economical way for us to proceed is to open cut and physically replace the line rather than try to slip line it. The cost on the slip lining was quite a bit more than the estimated cost for reconstructing the line itself. Including the cost of boring under the railroad. Meridian City Council December 6, 1994 Page 86 Kingsford: So Gary are you talking about open cutting across the tracks? Smith: No, we have to boar under the tracks, but up to the tracks and on this side of the tracks we would open trench. Actually going to off set the new line from the existing line so that the existing line can stay in service as they are building the new line. And we won't have all this pumping cost also to contend with. Aarons and Mason, part of their work that they have already done is about $2,129 and their proposal to finish the project which would include preparation of the drawings, specifications the printing, survey work, shop drawing review, bid opening and miscellaneous is another $3,167 so their estimated total is $5,300 for that project which includes about half of that was money that was spent and trying to arrive at how we were going to proceed. Kingsford: Entertain a motion to approve. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve Aarons and Mason for the Meridian Road sewer replacement project, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you, one thing I would like to pass onto you is last Thursday I attended a meeting at Meridian High School presented by the Idaho Department of Water Resources. And they were talking about ground water and service water. Specifically the moratorium exists on the drilling of ground water wells. I asked Dave Tuthill who is the regional manager here the question that some of developers are faced with. If the development does not have adequate service water to the parcel right now that is a continuous flow of service water or if perhaps it doesn't have water rights for one reason or another and we are requiring we as a City are requiring pressurized irrigation be installed what is the situation with the developer getting a permit to appropriate ground water? And Tuthill tells me that they will accept the application but they will not act on it. As long as this moratorium is in effect those ground water irrigation wells are prohibited. So, the dilemma that this presents to some developers is that we as a City require the pressurized irrigation to be installed they don't have a source of water. Morrow. Well, I think candidly what we have to do in that case is you dry line the thing and it is there until at some point in time that it can be activated. The major problem with not having them do anything that would be as retrofitting is prohibitively expensive. Meridian City Council December 6, 1994 Page 87 Smith: Right Morrow. So, the question in my mind is we are talking shallow wells that could be as little as 15 or 20 feet or as much as 60 feet. There is a moratorium on that type of well? Smith: Any time you get over 18 feet in depth you are considered a well and you have to have a permit to appropriate the water down to that depth you don't have to have a permit. I would suspect that there are wells that are being drilled without permits. Morrow: I thought that moratorium was basically for southeast Boise, it extends all the way to where vie are at? Smith: Southeast Boise is in what they call a ground water management area, much more restricted. But the Snake River Adjudication process the moratorium is, I think that moratorium only exists across this Boise valley area. It doesn't extend along the whole Snake River plain. Morrow. Point of curiosity how are all these subdivisions that the County is approving that have on a 20 acre parcel they will have five 1 acre tracts and 1 fifteen acre tract and that is 6 well how are those things getting put in? Smith: On residential use you can get a permit to appropriate water for residential use up to and including sprinkling of up to 1/2 acre. They are allowing those to be drilled. It doesn't make sense. Morrow. I am having trouble getting to there. Smith: The difference, l think the difference that they are for the point that they are making is the well drilled for a 1 acre or 5 acre parcel with a single family dwelling on it part of that water is being used for domestic purposes and I think that is where they draw the line. If domestic use is involved in the well then it is an allowed use. If the well is strictly for irrigation purposes it is not allowed. They are lumping all of these irrigation wells together regardless of how big they are, how much water they are going to pump because they are trying to get a handle on the amount of water that is available for irrigation purposes. Whether you are irrigating a 1000 acre farm or a dozen lots in a subdivision. Corrie: Under those conditions they never would get a well as long as the moratorium is on. Smith: As long as the moratorium is on. The next day I sent a letter to David Tuthill and explained in written form what I am explaining to you this evening that we have a problem. • Meridian City Council December 6, 1994 Mage 88 1] The developers have a problem in dealing with what we are trying to do to decrease the demand on the drinking water aquifer to utilize the upper water that is of lower quality and yet we are being restricted by them, the developers are being restricted. Kingsford: Really DEQ would probably like to for that to be pumped and take out some of the contamination that they have. Smith: Right and we need to use the surface water as much as we can because that water is recharging that upper aquifer and if you don't use it on the ground then it is going to go downstream somewhere else. It will discharge, it will recharge into the aquifers down stream but we should be taking advantage of it up here. Morrow. The other problem is Gary we already have too much surface water we need to get it out of there so we are not flooding basements and we are not infiltrating our sewer lines. Part of our whole concept behind this pressurized irrigation system, another benefit to that was that we would get, we would start to be gaining sewer plant capacity because ws would start getting rid of the infiltration issue. And certainly part of that is these shallow wells that pump directly out of that 18, 20, 30 foot level of water. Kingsford: I think that realistically we are not going charge the aquifer with sprinkling. Smith: No Kingsford: It gets charged with the 3 inches that people run over and flood. Morrow. But our point to these folk is that we have a high surface ground water problem now and part of the solution to our problem is really two fold. One is that we are using low quality water to sprinkle lawns with, but the other thing is that we are getting rid of an excess supply of high ground water. Kingsford: Gary are we still operating 3 wells, surface wells? Smith: We do during the summer time, yes. Kingsford: Which vie got a grant for to run those things and to pull water out of basements in the old part of town. Smith: Right. Morrow. And at some point in the future they will likely hook into the pressurized irrigation system. Meridian City Council December 6, 1994 Page 89 Kingsford: Hopefully Smith: They would be a good candidate for supply source. Corrie: There is no problem with dry lining those (inaudible) is there? Morrow. No, (inaudible) irrigation. Kingsford: What you are telling us Gary is that some of these people might come back and say hey we don't have (inaudible) right? Smith: I just wanted you to be aware that that problem does exist it is a problem and if the developer comes to us and says this is my problem I don't have enough water or I don't have any water and I can't drill a well then the dry line would be an appropriate requirements and get the system in the ground. Morrow. Well, we could handle it one of 2 ways we could put the dry line and we could escrow the money for a well. And then as soon as we got the permission at some point in the future to punch the well then we punch the well. Smith: That is all I had Mr. Mayor. Thank you Kingsford: I don't know that we necessarily have any assurance that is ever going to happen. Morrow. We don't but the point is that it keeps the development community from walking away from their responsibility. Its a simple deal, why should we punch the well at our expense at some point in the future. Kingsford: Mr. Smith needs a motion from the Council to authorize the Mayor and City Clerk to sign the contract with, is that (inaudible). Smith: Yes for the manhole rehab project. Corrie: So moved Yerrington: Second Kingsford: Moved by Bob, second by Max to authorize the Mayor and City Clerk to sign the contract with Brown to rehab the manholes, all those in favor? Opposed? Meridian City Council December 6, 1994 Page 90 MOTION CARRIED: All Yea Kingsford: Shari Stiles: Nothing Mayor Kingsford: Acting Chief (Inaudible) Kingsford: Assistant to the Engineer (Inaudible) Kingsford: Counselor Crookston: Just to make the Mayor happy Morrow. Are you going to concede that Boise State is better than Idaho? Crookston: No, I am certainly not going to concede that. The City did have a tort claim filed against them. Mr. Ashton was the injured party. They have filed a complaint in the Fourth Judicial District Court, they complain that there was ice on East 1 st and Franklin. Mr. Ashton was in a semi that was run into by a small coca -cola pick up. The truck hit the rear wheels of the semi, the injured party was the driver and he complained that the streets of the City of Meridian were subcontracted to Ada County Highway District and complained basically against the city and Ada County Highway District. The suit is being defended, our insurance company is ICRMP and they are defending. They have appointed an attorney by the name of Jim Davis to defend, he filed a motion to dismiss and a motion for sanctions against the attorney because, this is why I am telling you Grant to give you a little pleasure he filed a motion for sanctions against the attorney which are penalties for filing it against the City because the City has nothing to do with the streets of Ada County or the City of Meridian. That will be heard I believe on February 25, 1995. 1 encouraged him to do so. Corrie: (Inaudible) Crookston: I don't know where the attorney for the plaintiff graduated from but I went to Idaho. Kingsford: Walter Meridien City Council December 6, 1994 Page 91 Morrow: Nothing Kingsford: Max Yerrington: Those Broncos are still in there we are going (inaudible). I make a motion we renew the proclamation. Corrie: (Inaudible) Morrow: I agree with the proclamation Yerrington: I second the motion Walt's motion. Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else Bob? Corrie: Nd Morrow. I move for adjournment. Corrie: Second Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 12:03 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) PR �P. C" L '�alj e. e ATTE : WILLIAM G. BERG, JR., CITYZLERK MERIDIAN CITY COUNCIL.• AGENDA TUESDAY, DECEMBER 6, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES FROM PREVIOUS MEETING HELD NOVEMBER 15,1994: 01�rvveoc- 1. TABLED NOVEMBER 15,1994: DEVELOPMENT AGREEMENT FOR TUTHILL ESTATES NO.2 SUBDIVISION: hie 2. TABLED NOVEMBER 15,1994: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDIVISION NO. 5: 3. TABLED NOVEMBER 15,1994: FINAL PLAT FOR HARTFORD SUBDIVISION, 66 LOTS BY VIJYA LAXMI, INC.: -14a bled - 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: -/a(9/ems 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING Fq�V N HILL SUBDIVISION BY ALLAN CHANDLER: QppyovP , c e'�?vatln-�-� Ao 6. PRELIMINARY PLAT FOR RAVEN HILL SUBDMSION BY WLLAN CHANDLER: 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR HARTFORD SUBDIVISION BY VIJYA LAXMI, INC.: 8. AMENDED ORDINANCE #598 - DOVE MEADOWS/LEADER: 9. AMENDED ORDINANCE #615 - MID VALLEY BUSINESS PARK: aloivve4 10. AMENDED ORDINANCE #619 - SUMMERFIELD ANNEXATION: 11. AMENDED ORDINANCE #630 - WOLFE ANNEXATION: 12. AMENDED ORDINANCE #635 - ELK RUN' SUBDIVISION: 13 AMENDED ORDINANCE #636 - TUTHILL SUBDIVISION: 14. AMEND RDJNANCE #644 - DORADO DEVELOPMENT: Ce ao eKd- (aZ- 15. AMENDED ORDINANCE #650 - DAKOTA RIDGE ESTATES: 16. AMENDED AMENDED ORDINANCE #661 - ST. LUKE'S! C -G: 17. AMENDED ORDINANCE #664 - FAWCETT MEADOWS NO. 2: ��p,"n%Aeee- 18. AMENDED ORDINANCE #665 - ST. LUKE•SITHOMAS/C-G: 19. ORDINANCE #679 - TREASURE VALLEY WORSHIP CENTER REZONE: 20. CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER TABLED AT NOVEMBER 15, 1994 MEETING: ��j7�vve., 21. FINAL PLAT. PATRICK SUBDIVISION BY RICK AND JANE PATRICK LOCATED IN MERIDIAN'S AREA OF IMPACT: app-ove .%deet to ~ebiu s4a -f 000wt ,ei-� e2fG� heG�i/1 Q 6ehhefc Z��' f'�Y v+ Y'.e-Iaayh�) G 22. PUBLIC HEAR NG CONTINUED FROM NOVEMB 15, 1994 MEETING: VARIA . e REQUEST BY JO PH AND I!'.Y DAROSA: 23. PUBLIC HEARING: WEQUEST FOR AN IRRIGATION DITCH ABANDONMENT BY PATRICKAND MARIE MARRON: &�"I °ve 24. PUBLIC HEARING: REQUEST FOR A VARIANCE BY STEINER DEVELOPMENT: ve-sa61"'/F, e� 25. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR YNE INDUSTRIAL PARK:y� 26. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TREASURE VALLEY BUSINESS CENTER BY JRN LLC: �'"p0� o &w -A- , s4'lo 6e 1� 27. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR ASH RD GREENS SUBDMSION BY BRIGHTON CORPORATION: 28. MARTY GOLDSMITH: DEVELOPMENT AGREEMENT FOR SALMON RAPIDS SUBOMSION AND LOS ALAMITOS SUBDMSION: 29. NELSON/McALVAIN: LATE COMERS AGREEMENT AND WATER LINE EXTENSION: a dy �� �� l�rie / e'09- 30. f��30. GULL PEST CONTROL: REQUEST A 6 MONTH EXTENSION OF TEMPORARY SALES TRAILER AT 1720 FRANKLIN ROAD: dPPiwve 31. KEVIN HOWELL CONSTRUCTION: REQUEST A ONE YEAR EXTENSION FOR CHAMBERLAIN ESTATES SUBDIVISION: VvrDve t 31. PROCLAMATION: A TIME OF DRUNK AND DRUGGED DRIVER PREVENTION: Ve lz 33. DEVELOPMENT AGREEMENT FOR CANVEST (VAN AUKER): A41aP Aq-1/77 119� -1 5 34. DEVELOPMENT AGREEMENT FOR RAVEN HILL ESTATES SUBOMSION: C26 ctff-�e-ieizsgreo2. 35. DEVELOPMENT GREEMENT FOR LA PLAYA (BRANDON CREEK): 36. WATER/SEWER/TRASH DELINQUENCIES:p��e� 37. PPPR�OXE BIL,�.S: �Zi,rmv 38. DEPARTMENT R°EPOtTS: A. GARY SMITH, CITY ENGINEER 1. BID RESULTS FOR MAN HOLE REHABILITATION:�Y�fOi4' 2. ENGINEERING AGREEMENT FOR TERTIARY FILTER AT WASTE WATER TREATMENT PLANT: z§-PRr'- 3. ENGINEERING AGREEMENT FOR MERIDIAN ROAD SEWER LINE REPLACEMENT: 4,,,rPvz f PUBLIC MEETING SIGN-UP SHEET NAME: PHONE NUMBER: --I ' y��-(--L--------��------------------- g �� _ ��-------- -- In L-, �� so. - •A Z3 S� 0z �,e a_,eg c- fqaq-2 3 2 0 19 PUBLIC MEETING SIGN-UP SHEET NAME: PHONE NUMBER: /lo S- o a S' ._* 0 0 ITEMS FOR CITY COUNCIL 12/06/94 1. I have had no further discussions with the Applicant or his agent regarding this Development Agreement. 2. I have had no further discussions with the Applicant or his agent regarding this Development Agreement. 3. Final Plat approval needs to be contingent on variance granted and development agreement entered into. 4. Revised site plan was delivered on 12/2/94; Findings were pending submittal of this plan due to Applicant stating during public hearing that plan was submitted had to be changed. 5. Development agreement on agenda as Item No. 34 needs to incorporate Findings. 6. Preliminary plat cannot be acted upon as no annexation has taken place. 7. Results of Findings need to be incorporated in development agreement. 8-13. Cleanup items due to legals needing revision. 14. Sciscoe property was never annexed and requires amended ordinance to reflect annexation and zoning, not rezone; there are also problems with the legal description going to the centerline of the roadway and the fact that a .55 -acre parcel of Dorado Development is also to be rezoned from R-40 to C -C. 15-18. Cleanup items due to legals needing revision. 19. Rezone to L -O to Allow Day Care/Church on N. Meridian Road for Treasure Valley Worship Center. 20. CUP to Allow Day Care/Church on N. Meridian Road for Treasure Valley Worship Center. 21. Two -lot subdivision of 12.52 acres N. of Ustick Road between Locust Grove and Meridian Roads. 22. Continuation of variance for off-street parking requirements for Joseph and Mary Darosa. 23. Vacation of irrigation ditch in Ariel Estates Subdivision. 24. Variance from frontage requirements for two lots in the Lake at Cherry Lane No. 3. 25. Variance request on pressurized irrigation requirements for Layne Industrial Park, 26. Variance request on 3" caliper trees and 10% landscaping requirement for Tri -City Meats. 27. Ashford Greens CUP 28. Salmon Rapids and Los Alamitos Subdivision Development Agreements - Marty Goldsmith is reneging on agreement to donate a well lot in Los Alamitos. 29. Nelson/McAlvain latecomers agreement and water line extension. 30. Gull Pest Control extension for sales trailer 31. Kevin Howell request for one-year extension for Chamberlain Estates Subdivision - Based on his inaction on taking care of the "pit" he has created and the fact that adjacent parcels have no buffering, I would recommend the request be denied. 32. Proclamation. 33. Canvest Development Agreement - I would like to address the Council on this issue. 34. Raven Hill Estates Development Agreement - I would like to address the Council on this issue. 35. La Playa (Brandon Creek) Development Agreement - I would like to address the Council on this issue. M 4n/ "LC- rw,#Aj3 /Li T.4r /Dw pi 9J--E cr rQ�d O�tDEvlrhG — 3: ao ��wl_ .r- �DEc. 2, 1894. epnrg Acro& Cmnts7nu cnovl 010 Bis ,Q-rnoUnT bio Qu4uscArtoW seccultrr SrGWD C7u[.I p E'xcA VA -T J 6k ✓Or vy m& -r Conimucnon ✓,S'orN►►,�EJZ .Coy�srnu c77oh ✓Oaowh Con. smucnoh '��/ZW1 I i�l 6t:/2. COh3'TI2lICTlDY! ✓ 61"Amo-r- Con.sr"Crioh ✓ F Ido or SCM F -AMM MovrAG t/ ,/ u J M 32j 000. " HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Grant P. Kingsford Mayor PROCLAMATION WHEREAS, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,500 national highway deaths annually, and WHEREAS, 85 faxalities and 1,508 injuries resulted from alcohol -involved crashes in Idaho during 1993; and WHEREAS, motor vehicle crashes are the number one cause of death for children, adolescents and young adults in the United States; and WHEREAS, injury and property damage resulting from alcohol and drug -impaired driving accidents cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and WHEREAS, health care costs resulting from motor vehicle injuries cost American society over $14 billion a year; and $35,000 in health care costs alone can be saved for each serious injury prevented; and WHEREAS, comprehensive community-based programs to further reduce and prevent impaired driving tragedies through education are known to help the cause; and WHEREAS, if we take a stand now, we can prevent impaired driving and save lives; NOW, THEREFORE, I, Grant Kingsford, Mayor of Meridian, do hereby proclaim December 1994 as A TIME OF DRUNK AND DRUGGED DRIVER PREVENTION in Meridian, and I urge all citizens to support the theme "The Responsibility Is Yours - Choose A Sober Driver," to become aware of the problem of driving under the influence and the importance of education, legislation and enforcement to help prevent drunk and drugged driving. I further proclaim and designate Friday, December 16, 1994 as "National Lights on for Life Day" and encourage all drivers of publicly and privately owned commercial and non-commercial vehicles to drive with their headlights on throughout the day to call attention to the importance of measures to prevent drunk and drugged driving and in memory of victims of this crime. Grant P. Kings ord Mayor Kingsford: This isnform you in writ if you choose to, you have the right ?G"a pre—determination' Nearing at 7:30 P.M. 17-./06/94 before the Mayor and City Council to appear in person to be judged on the facts and defend. the claim made by the City that your water, sewer and trash bill is delinquent. You 12/ may retain counsel. This service will be discontinued on ent who unless payment is received in full. Is there anyone p.res wishes to contest their water, sewer and trash delinquency? No response. Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off. The amount of the turn off list i s $ .21,82.4- 03 M LJ j J wvncklam , ORDINANCE NO. 679 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDIN&°°XNB CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF BMS®�{iFi1�T WiCli;' 1;S DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NE 4 OF THE SE 1/ OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST OF TREBOISE MERIDIAN. ]Z M, ADA COUNTY, IDAHO; AND PROVIDING AN EFffAZjIVE DATE. - WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-4 Residential to L- 0 Limited Office, for the following described parcel 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 aforementioned real property which is described as follows: PARCEL ONE A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1,. Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more; particularly described as follows: Commencing at the east 1/4 corner of Section 1, T.3N. R.1W., B.M., thence S 0°25130" E 257.00 feet along the east line of said Section 1 to a point; Thence S 89048147" W 35.07 feet to a point on the westerly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence S 89048147" W 189.94 feet to the northeast corner of Lot 3, Block 13, Meridian Manor No. 7; Thence S 00°25,30" E 172.14 feet to the Southeast corner of said Lot 3; Thence S 11°01'31" W 165.22 feet to a point on the northerly right-of-way of Spicewood Drive. Along said northerly right-of-way the following: TREASURE VALLEY WORSHIP CENTER - REZONE Page 1 Thence N 89°34130" E 202.80 feet to a point of curvature; Thence along a curve to the left 31.42 feet, said curve having a radius of 20.00 feet, a central angle of 90°0014211, tangents of 20.00 feet and a chord of 28.29 feet which bears N 44°34109" E to a point of tangency on the westerly right-of-way of Meridian Road; Thence N 00026,12" W 313.28 feet to the Real Point of Beginning of this description. AND PARCEL TWO A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the east 1/4 corner of Section 1, T. 3N. R.1W., B.M., thence S 0°25130" E 973.49 feet along the east line of said Section 1 to a point; Thence S 89°30135" W 30.00 feet to a point on the westerly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence S 89030135" W 25.00 feet to a point; Thence N 00025130" W 129.50 feet to a point on the northerly right-of-way of Five Mile Creek; Along said northerly right-of-way the following: Thence N 79047125" W 169.72 feet to a point; Thence N 69005,25" W 41.01 feet to the Southeast corner of Lot 1, Block 12, Meridian Manor No. 7 Subdivision. Thence N 00025130" W 157.68 feet to a point on the southerly right of way of Spicewood Drive; Thence N 89 ° 34 , 30" E 205.42 feet to a point of curvature; Thence along a curve to the right 31.02 feet, said curve having a radius of 20.00 feet, a central angle of 88°51,4911, tangents of 19.61 feet and a chord of 28.00 feet which bears S 45059136" E to a point on the westerly right-of-way of Meridian Road; Thence S O1°33135" E 232.14 feet to a point on the TREASURE VALLEY WORSHIP CENTER - REZONE Page 2 westerly right of way of Meridian Road; Thence S 00°25130" E 81.70 feet to the Real Point of Beginning of this description. be, and the same is rezoned from R-4 Residential to Limited Office (L -O) 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 City Council on the request for rezone. That the use of this property is limited to a church and day care center. Section 2. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the C'ty of Meridian, Ada County, Idaho, this b ICAday of C'G n' 464't- , 19 9 4 . J :-b . , PwM� ATTES . CITY CLERIC -- WILLIAWG.OtERG, JR. CJ€`�� TREASURE VALLEY WORSHIP CENTER - REZONE 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 AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 679 , by the CityCouncil and Mayor of the City of Meridian, on the day of � eem bz1 , 1994, as the same appears in my office. DATED this 01' day of 1994. .� �.% %' Q Qa°ti'1 W "- 0 s�"zMu P gas 9'; • �. STATE OF IDAHO,) . ss. County of Ada, ) City Clerk, City of Meridian Ada County, Idaho On this day of ,yl )e"/y 6 ev , 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 • 0 m m m SEAL r, �ry Public for Idaho �b� v Re iding at Meridian, Idaho e'oa°�°a�� � ��°°°� � CO1rrn,isdOoH e�pilrS oS,az%q� TREASURE VALLEY WORSHIP CENTER - REZONE Page 4 / ! o ` ------ 1 - I i •• r i .+ �` 1 I NW ` .9 i � BCf —0R -� � - - 13 �S"1 S� I � --- I 1 ------------ ► - I ------------------ - - ------r- - ------- --------- ate•.. I I it �1 1R zs OF l iQ1aN� at�IL�( Ac ot�vl l.uavice I�lo. &-I -- MERI — f•OP4Bkl 12 fit Im NO n s � u ; too lt -- �I 1 I t 1 10 t N m „ s••- tM L 1 I • I w a a i -_--------------------- t I , , m I ' `------------------------ 1 � I I t I ; 'z' M• RI I, `"-----------------' GLINCF�EY DR ° \ ---------- , a --------------- t• +t pl . - Ivo 3_ ` l ; j l ; ----- i I I L- ' yl Ii 1 1 I I f l m `- I II I1 I __. m� ',_ i •- --_ ``t i 11`I `'1 I I l i i i � /, i I � _ - - ---- -- -- --- -- -- ----------- - - - --- _ �I-A -------------- ----- Z r II— Ir I � I-��6q�vi�lE vA►.1.6YWa�{IPc�ENr�. J� : 1 u = 9500 r Tan R.1 w SF -001 ywzK.or 1 ° *1 -� `t AMENDED ORDINANCE NO. 665 B0j, (� AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN Aftt �QlJ 1N I lei CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THAT PORTION OF LAND LOCATED IN THE W 1/2 SE 1/4 SECTION 17, T. 3N.FEEE,,__ 1 _ E,$_.,M.,_ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. FiEGO.-- :. `_,T 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: That portion of the W 1/2 SE 1/4 Section 17, T. 3N., R. 1 E.B.M. Ada County, Idaho and being more particularly described as follows: Beginning at the 1/4 Section corner common to Sections 17 and 20; thence S. 89°57, E. 690.00 ft. along Overland road; thence N. 0°38, E. 1231.21 ft. to center of an irrigation ditch; thence N. 50019, W. 174.00 ft. along said ditch to I-80 highway boundary; thence S. 76054, W. 416.80 ft. along long chord of highway curve Rt., thence S. 81035' W. 152.00 ft. along said boundary; thence S. 0038, W. 1225.00 ft. to the point of beginning. is hereby annexed to the City of Meridian, and shall be zoned C -G General Retail and Service Commercial; that the annexation and zoning is 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. AMENDED ANNEXATION ORDINANCE - ST. LURES/TSOMAS/C-G Page 1 DATED this 6 -LA day of ss. 1994. City Clerk, City o eridian Ada County, Idaho On this G -ti day of bectm � ter , 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. SEAL 0%. 9eeaes,,�e i p��� a s tJ®!. OFe• 7somimission Public for Idaho ng at Meridian, Idah Expires AR pd AMENDED ANNEXATION ORDINANCE - ST. LURES/THOMAS/C-G Page 4 �� M C �,- 941U0011 (�r,� iav►� AMENDED ORDINANCE NO. 664C',!e. AN AMENDED ORDINANCE OF THE CITY OF MERID-`P.1a ,"iia V G M 1j_'rZ6iING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNS1 JLP 3 __NOR-TH, ._ RANGE— 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO�,EOW.; PROVID:IiSGT SAN 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 in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 19, Thence S 0°55' West 2103.42 feet to the POINT OF BEGINNING; Thence South 0055' West 194.50 feet; Thence South 89059115" East 1122.34 feet; Thence North 0°46150" East 194.49 feet; Thence North 89°59115" West 1121.82 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of 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 AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS NO. 2 Page 1 STATE OF IDAHO,) : ss. County of Ada, ) On this (64k day of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. r a aL SEAL ()IAp� 0 4 or, �q Does a1o� P<st-a Public fo daho at Meridian, Idaho �esiding Commission Expires 09/0,0 AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS NO. 2 Page IDW.WL 14 \� O t 16 1 ^\ � \ I 21 p 2Z lov- I1t 1 e i$ p y I, 4�a24 23 \ • . 29 127 I to t II u \1.2 tr nor AM - -- WOOL '1 I T p l Ali SOX 2 I ! t L ER.. t ai __ \ �..`a\\?�,�. Aar ws Q „ OO OI y f t I t... , I ...• I, 1V3 ,• I 1 { "I. ® .a .00,tuft O 1 F IC�7 M en.., is � �•_ ,�: +.��� Ali BMW 7 45 ■" `✓Iem&6 / 107 e 1112Z. 3 `\ ------------ t , I I / NAND No.4 (.412 1 \ I " EDIV ONDS "� ' E' I I 1 tl I 1 / l �� 0 t: b I b AMENDED ORDINANCE NO. 661 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXI j PNiG_ 0 CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE FVjP Tff,__.UMGE ONE EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; g PROVIDING.- - " t 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 the West 1/2 of the Southeast 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Southeast 1/4, thence along the southerly line of said Southeast 1/4 North 89046118" East a distance of 1328.43 feet to the Southeast Corner of the West 1/2 of said Southeast 1/4, said Southeast Corner being the POINT OF BEGINNING. Thence leaving said southerly line and along the easterly line of said West 1/2, said line also being the westerly line of Overland Way Subdivision (a recorded subdivision on file in Book 46 of Plats at Pages 3798 and 3799, records of Ada County) North 00°08117" West a distance of 1027.67 feet to the southerly right-of-way of Interstate Highway 84, Thence along said southerly right-of-way North 64°11124" West a distance of 23.83 feet, Thence continuing along said southerly right-of-way northwesterly a distance of 634.02 feet along the arc of a circular curve concave southwesterly, said curve having a radius of 1809.86 feet, a central angle of 20°04,1711, a chord bearing of North 74'13132" West, and a chord distance of 630.78 feet, Thence leaving said southerly right-of-way South 00021115" West (formerly South 00°38' West) a distance of AMENDED ANNEXATION ORDINANCE - ST. LURES/C-G Page 1 1212.09 feet to a point on said southerly line of the Southeast 1/4, Thence along said southerly line North 89°46118" East a distance of 638.43 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned C -G General Retail and Service Commercial; that the annexation and zoning is 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 for this annexation shall be required to connect to Meridian water and sewer at its expense 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; 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 and meet the Ordinances of the City of Meridian. AMENDED ANNEXATION ORDINANCE - ST. LURES/C-G Page 2 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 ity of Meridian, Ada County, Idaho, this �J ��" day of ge ep? b&L , 1994. APPROVED: "Is ..Mf 0-,e ATTEST: WILLIAM G. BERG, JR.(/-4/CITY CLERK AMENDED ANNEXATION ORDINANCE - ST. LURES/C-G 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 Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as an Amended Ordinance No. 661 , by the City Coun and May or of the City of Meridian, on the 1(2 day of dpi , 1994, as the same appears in my office. 6 day of ss. County of Ada, ) 1994. City Clerk, City oY Meridian Ada County, Idaho On this 6 fi$ day of Deem 6P,- , 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. s®i®0! ®� Er. m t %`9�' SEALKoO'T fA R �eb a ®®°®0 % pof ry Public for Idaho R iding at Meridian, Idaho y Commission Expires offAallq AMENDED ANNEXATION ORDINANCE - ST. LURES/C-G Page 4 ------------ --------------------- .i ---------- _ ---------------- ___------- --- 1 ------------------ s 1 1 1 1 1 1 1 1 ns AVM ONVIld3AO ( a I. In n •L20'1.Jr-,eM GLi ,,eo ovo'. t11AoN ,1 us � bo'Z1ZI 1g3Ml011 moo Hlc-4w.- I 1 I I 1 1 1 I I C i� I 1 I I 1 1 1 I I C U08 F� AMENDED ORDINANCE NO. 650 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXINGqW11-TPNI";1 CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3`ElIOWNSHIP_3 6-, NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, R0_,_ AND _, i CIF 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: The Northwest 1/4 of the Northeast 1/4, Section 3, Township 3 North, Range 1 West, Boise Meridian. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The Northwest 1/4 of the Northeast 1/4, Section 3, Township 3 North, Range 1 West, Boise Meridian. 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 AMENDED ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 1 authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this 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 Ci'y of Meridian, Ada County, Idaho, this '6�- day of _ eimd&' be v , 1994. APPROVED: ATTEST: 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 ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Amended Ordinance No. 650, by the 'City Council and Mayor of the City of Meridian, on the day of ,9(1e1w,6691- , 1994, as the same appears in my office. DATED this day of pyo 4 '4`t E STATE OF IDAHO,) ss. County of Ada, ) , 1994 . 24!�k g -L. City Clerk, City of Wridian Ada County, Idaho On this �nfi°' day of eMlee- , 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. ®tool a;00811"g ®>� A, SEAL m � m r * 'A AJ S ism � 11 q. 0 ® � Public for Idaho ng at Meridian, Idah mission Expires e916.2 AMENDED ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 3 z ! `+ �UJ0 1u AMENDED ORDINANCE NO. 636 B G i S E _� ,4 CE OF THE CITY OF AN AMENDED NIRAINREAL PRORTY WHICH IS DESCRIBED MERIDIAN ATRSLD PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2, T.3N., R.1W., B.M., ADA COUNTY, IDAHO; AND PROVIDI9t3EAN—EFFECTIVTE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A triangular shaped parcel of land located in the SE 1/4 of the NW 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 3 and 2, T.3N., R.1W., B.M.; from which the Northwest corner of said Section 2 bears North 00°24,20" East, 2695.04 feet; thence South 89°12132" East, 1325.13 feet to the C -W 1/16 corner and the REAL POINT OF BEGINNING. thence North 00°19159" East along the West boundary of the SE 1/4 of the NW 1/4, 837.21 feet to a point; thence South 31022118" East, 988.95 feet to a point on the East-West Mid-section line; thence North 89°12132" West, 519.75 feet to the Point of Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: AMENDED ANNEXATION ORDINANCE - TUTHILL Page 1 A triangular shaped parcel of land located in the SE 1/4 of the NW 1/4 of Section 2, TAN., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 3 and 2, T.3N., R.1W., B.M.; from which the Northwest corner of said Section 2 bears North 0024120" East, 2695.04 feet; thence South 89°12,32" East, 1325.13 feet to the C -W 1/16 corner and the REAL POINT OF BEGINNING. thence North 00°19159" East along the West boundary of the SE 1/4 of the NW 1/4, 837.21 feet to a point; thence South 31°22118" East, 988.95 feet to a point on the East-West Mid-section line; thence North 89012132" West, 519.75 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant shall pay any impact development fee or transfer fee 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 - 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 AMENDED ANNEXATION ORDINANCE - TUTHILL Page 2 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 the following, among other items: 1. 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. 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. 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. That if these conditions of approval are not met the property shall be subject to de -annexation. g. 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 AMENDED ANNEXATION ORDINANCE - TUTHILL Page 3 within ten (10) days following the effective date of 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 6&A day of C�d'n 1994. APPROVED: lilt !17 �Me ATTEST: WILLIAM G. BERG, JR. V C TY CLERK AMENDED ANNEXATION ORDINANCE - TUTHILL Page 4 STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM BERG, 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 AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRIANGULAR SHAPED PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2., T.3N., R.1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Amended Ordinance No. 636 , b the City Counciland ayor of the City of Meridian, on the day of gweemLet-- , 1994, as the same appears in my office. "'ZDATED this 6 day oflZee%t'Z 1994. CCity Clerk, City ridian SEALAda County, Idaho STATE OF OF %- County of It s On this day of ec em 6 rr , 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. ao®j4®000me®esa®os ®®® ®G E L SEAL 0 °°��� o�"��°�� p o ry Public or Idaho ®����, R iding at Meridian, Idaho o e-o�nh.,`ss.'oK e.r�.'vrs as�a,a/y9OF081616610, AMENDED ANNEXATION ORDINANCE - TUTHILL Page 5 TT W 3 / I ------------------------------------ �/ 7 --- - --- - - -- - -- SU2 32 , --- --- ( 33 1 34 35 28 ` ------ 3 IV i 137 !►�' 27 29 38 26 3 25 t: 30 40 J 24 M 16 +a N23 22 17 15 'w -FT 41 � fee", 18 20 14 i 3 o 42 % 21 13 43 10 11 12 38 2.i R------�-- — 44 9 37 8', 5 45 s 36 46 4 j 35 EST • 4 47 • N 48 2 , JAI �I 49 AiO 50 14 12 _ o ---' IN•Eq.°123'L"W. 6 M�LMD HPd ICIRL J i 1 U d V'i d �1 AMENDED ORDINANCE NO. 635 �SIOIS � AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN �IiVF�4°gi17 "G ulitvw� CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SITUATED IN A PORTION OF THE NE 1/4, OF SECTION 24, T.3N., R.1W., B.M. , MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING ANEEEFECTIV9, +DATE: -- RECGRk,ti..._ .. ..___ =T ;F 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: PARCEL ONE A parcel of land situated in a portion of the NE 1/4, of Section 24, TAN., R.1W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap monumenting the Southeast corner of the said NE 1/4 of Section 24, said corner being the TRUE POINT OF BEGINNING, from which the Northeast corner of said Section 24 bears North 00°37136" East 2,649.87 feet; thence, along the East-West midsection line of said Section 24 North 89'34'30" West 137.10 feet; thence leaving said midsection line North 32°17'30" West 117.99 to a point on the centerline of the Kennedy Lateral; thence along the said centerline of the Kennedy Lateral the following four courses and distances; 1. North 30°37130" West 139.10 feet; 2. thence North 41°08'23" West 989.03 feet, (formerly known as North 41'37" West 1,019.00 feet), to the beginning of a curve; AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 1 thence along the South boundary of Lot 4, Block 1, of said subdivision South 88°55145" East 152.74 feet to a point on the Easterly boundary of said Section 24; thence along said boundary South 00037136" West 197.45 feet to the TRUE POINT OF BEGINNING; are hereby annexed to the City of Meridian; that PARCEL ONE is be R-4 Residential; that PARCEL TWO 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. 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. 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. That if these conditions of approval are not met the property shall be subject to de -annexation. g. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law. AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 3 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 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 Zee e1,,.,6 e ` , 1994. APPROVED: ATTEST: WILLIAM G. BERG, JR.(X- CITY CLERK -- GRANT.,._P . AMENDED ANNEXATION ORDINANCE - ELK RUN 2 """- Page 4 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 ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A PORTION OF THE NE 1/4, OF SECTION 24, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Amended Ordinance No. 635 , by the City Council and,,Mayor of the City of Meridian, on the 6M- day of _ ecer.be- , 1994, as the same appears in my office. DATED this STATE OF I County of 67�6 day of 1994. City Clerk, City of Meridian Ada County, Idaho On this � ay of —2> cc e h% 6e -r , 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®�eeesees,, rr �. (assess SEAL®��1�, v a VNot ry Public for Idaho Re iding at Meridian, Idaho !� eo M M lss; o n e,dp,'rPs d d a/9,9 AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 5 1EC, 24� T.3N, .R. -/•W NF -CORNER Z SEC. 24 . L _ — � ROAD aria — w ° 689 OW 450 S -le "a lata" • .oro a.nro 1 � i IY 0 q tl4adr'W e ra9•e'c ass+ 13 12II 10 8 8 7 6 8 4 «j e 14 po 2 °b 3 1 K DAVENPORT DR.,4 FrR IS +" 28 27 s0 14 13 d 2 laIB 29 .26 .i 1S 12 p• WioaveN�r+r 17 • } ll 30Li 26 I6 O u 2 I IB }31 10 24 F17 J 9 3 ( Q 9 O 4 s� 18 a 32 23 I 8 N y,�¢pg — — — — — — — _i d y 20 c pa 33 . 22 19 7 R•�' 1900 a 21 sy 34 21 L 20 6 8 °o � � r. n .s•• es�a+ h.®q°92'45"E.9'18,13' (f1 /4 Z/o Z Ib4. M raa•dt rnr 7; ti . t Y,ADA OU i U 0 10 AMENDED ORDINANCE NO. 630 �.En AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AiVNAil Glo CERTAIN REAL PROPERTY WHICH IS DESCRIBED SECTION 6, T 3 N. R_I.E., NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANW- r-ADA-_COTY-;` i,F IDAHO; AND PROVIDING AN EFFECTIVE DATE. RECO"'..' WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16137" West 2658.23 feet along the Westerly boundary of the NW 1/4 of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section; being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 8934150" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 68°30,07" West 1020.47 feet along the centerline of the Jackson Drain to a point on the Westerly boundary of the NW 1/4 of said Section 6, also being on the centerline of Meridian Road; thence South 00°16137" West 380.94 feet along said Westerly boundary of the NW 1/4 of Section 6, and centerline of Meridian Road to the Real Point of Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: WOLFE AMENDED ANNEXATION ORDINANCE - Page 1 Section 1. That the above and referenced real property described as: A parcel of land being a portion of Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16,37" West 2658.23 feet along the Westerly boundary of the NW 1/4 of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section; being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89034150" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 68030107" West 1020.47 feet along the centerline of the Jackson Drain to a point on the Westerly boundary of the NW 1/4 of said Section 6, also being on the centerline of Meridian Road; thence South 00°16137" West 380.94 feet along said Westerly boundary of the NW 1/4 of Section 6, and centerline of Meridian Road to the Real Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; that the R-40 Residential zone would allow construction of 66 apartment units; 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; that Applicant shall pay any development fee or transfer fee WOLFE AMENDED ANNEXATION ORDINANCE - Page 2 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 - annexation if the owner shall not meet the following requirements: 1. Dedicate 45 -feet of right-of-way from the centerline of Meridian abutting parcel (15 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Redesign the access to Meridian Road, in accordance with District policy. If this is not possible, coordinate with the City of Meridian and adjacent properties to redesign the project limiting the access to only Blue Heron Lane. 3. Utility street cuts in the new pavement on Meridian will not be allowed unless approved by the District Commission. 4. Replace unused curb cuts on Meridian with standard curb, gutter and sidewalk. 5. Coordinate with the City of Meridian and the affected property owners with access to the street regarding the paving of Blue Heron Lane. 6. Coordinate with the City of Meridian and the Ada Planning Association regarding the pathway along the Jackson Drain. 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, R., 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 greenbelts along any canals or drainages within -the subdivision. 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. WOLFE AMENDED ANNEXATION ORDINANCE - Page 3 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 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 6 th day of 1 1994. APPROVED: � / a• •'-� ATTEST: .,- � o &�!!! z � CITY CLERK -- WILLIAWBERG WOLFE AMENDED ANNEXATION ORDINANCE - Page 4 e�Gy�p��� ar% ORMWO FQ f STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM BERG, 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 AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF SECTION 6, T. 3N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 630 , by the City Cou cil and Mayor of the City of Meridian, on the '057 t-0- day of 1994, as the same appears in my office. DATED this � qday of �eeepnbx;- , 1994. d STATE OF ,) • ss. County of Ada, ) ---- 4", City Clerk, City of""M4fidian Ada County, Idaho On this � th day of 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. 6d�1�\6 a 10; 00008 �.I G o® SEAL b``�•�'a r ,�,®l A m �"JOISS181111111 aal,� N Public for Idaho es ding at Meridian, Idaho q Gt7MM'St�on exe rrS 00102/", WOLFE AMENDED ANNEXATION ORDINANCE - Page 5 1 3 1 2 3 4 1 ' 10 11 12 13 I i 4 2 �, e - - to 17 1e 1 ® 19 ISI5 s .20c 13 4 21 ,��, 9 10 1 + 22 { s 12 3 a 7, 14; 13 1 11 j --- Z 24 a 15 10 1 4 5 19 VNAM 17 _ I onmZ 1 Z{ ,) / Z Z 1 it Z �� 1 2 3 10 aL �e 9 © W D�� S 1e"��j y 5 *� ------ i E Y DRIVE4 3 Z 7 20 lri 10 � �' 9 � 27 � w 4 11 1 Z 4 5�ai,ae W ` Ze � a 3 1Z 3 1- 10 3 • 9 /0 1e 17 6� Z5 ZZ 2 13 1e 11 1e 7 e 11 /e4 12 24 23 1 14 19 1Z 14 19 3 E. eROrMi SEAR SVAKT 20 17 9) 70 Z 11 13 1. 13 21 1 - 14 15 8 17 12 19 - 21 _L �•--- --L--- ----- ---um ----- LM ----------- -------- ----------- TT N ' � .E. PFOST'S L; i I -------------------------------------------------------------------- -------------------- 1 3 1 2 3 4 1 ' 10 11 12 13 I i 4 2 �, e - - to 17 1e 1 ® 19 ISI5 s .20c 13 4 21 ,��, 9 10 1 + 22 { s 12 3 a 7, 14; 13 1 11 j --- Z 24 a 15 10 1 4 5 19 VNAM 17 _ I onmZ 1 Z{ ,) / Z Z 1 it Z �� 1 2 3 10 aL �e 9 © W D�� S 1e"��j y 5 *� ------ i E Y DRIVE4 3 Z 7 20 lri 10 � �' 9 � 27 � w 4 11 1 Z 4 5�ai,ae W ` Ze � a 3 1Z 3 1- 10 3 • 9 /0 1e 17 6� Z5 ZZ 2 13 1e 11 1e 7 e 11 /e4 12 24 23 1 14 19 1Z 14 19 3 E. eROrMi SEAR SVAKT 20 17 9) 70 Z 11 13 1. 13 21 1 - 14 15 8 17 12 19 - 21 _L �•--- --L--- ----- ---um ----- LM ----------- -------- ----------- TT N ' � .E. PFOST'S b j i e1L AMENDED ORDINANCE NO. 619 f // AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING/AD Z� CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE S(3 BDV TR u SOUTH HALF OF THE NW1/4 OF THE SW1/4; AND THE SW1 4 OF THE SW1/4; AND A PORTION OF THE WEST HALF OF THE SE1/4 OF T4VE 5W1,1-4=,-- ALL - ,-. SECTION 32, T. 4N. , R. 1E. , B.M., ADA COUNTY, IDAHQ�cMND.. PROVIDING--" F AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: The South half of the South half of the NW 1/4 of the SW 1/4; and the SW 1/4 of the SW 1/4; and a portion of the West half of the SE 1/4 of the SW 1/4, all in Section 32, T.4N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the corner common to Sections 31 and 32, T.4N., R.1E., and Sections 5 and 6, T.3N., R.1E., B.M.; Thence North 00000108" West, 1661.81 feet to a 1/256 corner; from which the quarter corner common to said Sections 31 and 32 bears North 00000,08" West, 997.19 feet; Thence North 89°49,45" East, 1327.33 feet to a 1/256 corner; Thence South 00°01,12" East, 331.83 feet to a 5/8" iron pin marking the SW 1/16 corner; Thence North 89049,16" East, 663.49 feet to a 5/8" iron pin marking the C -E -SW 1/64 corner; Thence South 00001136" East along the East boundary of the West half of the SE 1/4 of the SW 1/4, 1031.32 feet to a point; Thence South 89043,17" West, 200.00 feet to a point; Thence South 00001136" East, 295.00 feet to a point on the South boundary of said Section 32; Thence South 89°43117" West, 1791.51 feet to the Point of AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 1 Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: The South half of the South half of the NW1/4 of the SWI/4; and the SW1/4 of the SWI/4; and a portion of the West half of the SE1/4 of the SWI/4, all in Section 32, T.4N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the corner common to Sections 31 and 32, T.4N., R.1E., and Sections'5 and 6, T.3N., R.1E., B.M.; Thence North 00°00,08" West, 1661.81 feet to a 1/256 corner; from which the quarter corner common to said Sections 31 and 32 bears North 00°00108" West, 997.19 feet; Thence North 89°49145" East, 1327.33 feet to a 1/256 corner; Thence South 00001112" East, 331.83 feet to a 5/8" iron pin marking the SW 1/16 corner; Thence North 89049116" East, 663.49 feet to a 5/8" iron pin marking the C -E -SW 1/64 corner; Thence South 00001136" East along the East boundary of the West half of the SE 1/4 of the SW 1/4, 1031.32 feet to a point; Thence South 89043,17" West, 200.00 feet to a point; Thence South 00001,36" East, 295.00 feet to a point on the South boundary of said Section 32; Thence South 89043117" West, 1791.51 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 200 AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 2 single family dwelling units on the parcel which would be an approximate density of 3.0 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; that Applicant shall pay any development fee or transfer fee 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 - 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 1,500 square feet for single level homes and 1,800.00 square feet for double level homes, 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 Locust Grove Roads for public right-of-way. 6. Allow only houses of at least 1,500 square feet for single level houses and 1,800 square feet for double level houses. 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, R., 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 AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 3 that land be set a side for a future park and relating to development of greenbelts along any canals or drainages within the subdivision. 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 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 % 6( day of QC=-e� , 1994. APPROVED: MAYOR -- GRANT V. RMSFORD AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 4 I, WILLIAM BERG, 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 AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE SOUTH HALF OF THE SOUTH HALF OF THE NW1/4 OF THE SW1/4; AND THE SW1/4 OF THE SW1/4; AND A PORTION OF THE WEST HALF OF THE SE1/4 OF THE SW1/4, ALL IN SECTION 32, T. 4N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 619 , by the City Qouncil and Ma r of the City of Meridian, on the � day of 1994, as the same appears in my office. DATED this 6 -tA 0 dy�3P0dp,�r day of:,' SEAL0 Imam STATE OF gm� County of T1 �ecetn,6-et- 1994. i y Clerk, City of Wridian Ada County, Idaho On this to day of ���ewt6e� , 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 at,h% day and year in this certificate first above written.a ®®•�o L• /eSo�® a� SEAL 110 40 AMENDED#SUMMERFIEsLD ANNEXATION Vary Public for Idaho iding at Meridian, Idaho �y e-oa mis5i0+, Gp�irPs ORDINANCE Page - 5 , 1( I , I � - 8 --- /0 11 14caariE� ----- --- --- - -_ , I it II II II I I 1 ' I I nn L C�r ^ .�_ a/1 f AMENDED ORDINANCE NO. 6f5"' AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNIOt- ld: AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING SOUTH OF I-84 IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 17, T. 3 N., R. 1 E., BOISE MERIDIAN, ADA'E�1i�TT;Yg_� II1H0; r D �f9. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the MaypiZ,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: PARCEL ONE A parcel of land being on both sides of the centerline of Interstate 80N, Project No. I -80N-1(29)45 Highway Survey as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of the SW 1/4 SW 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to -wit: Commencing at the Southwest corner of Section 17, Township 3 North, Range 1 East, Boise Meridian; thence North 0°18,49" East along the West line of said Section 17 a distance of 1041.52 feet to a point in a line parallel with and 120.00 feet Southerly from the centerline and opposite Station 2374+11.57 of said Interstate 80N, Project No. I-8ON- 1(29)45 Highway Survey and being the REAL POINT OF BEGINNING; thence South 89°33118" East along said parallel line 388.43 feet to a point opposite Station 2378+00.00 of said Highway Survey; thence North 87'34157" East 200.25 feet to a point in a line parallel with and 110.00 feet Southerly from the centerline and opposite Station 2380+00.00 of said Highway Survey; thence along said last parallel line as follows: South 89°33,18" East 149.99 feet to a point opposite Station 2381+49.99 of said Highway Survey, Easterly along a 9659.30 foot radius curve left 578.0 feet; more or less, to a point in the East line of AMENDED ORDINANCE - MID -VALLEY Page 1 the SW 1/4 SW 1/4 of said Section 17; thence North 0°33,06" East along said East line 220.0 feet, more or less, to a point in a line parallel with and 110.00 feet Northerly from the centerline of said Highway Survey; thence along said last parallel line as follows: Westerly along a 9439.30 foot radius curve right 576.0 feet, more or less, to a point opposite Station 2381+49.99 of said Highway Survey, North 89°33118" West 149.99 feet to a point opposite Station 2380+00.00 of said Highway Survey; thence North 86°41130" West leaving said last parallel line 200.25 feet to a point in a line parallel with and 120.00 feet Northerly from the centerline and opposite Station 2378+00.00 of said Highway Survey; thence North 89033118" West along said last parallel line 388.98 feet to a point in the West line of said Section 17, opposite Station 2374+11.02 of said Highway Survey; thence South 0018,49" West along said West line 240.00 feet to the REAL POINT OF BEGINNING. Highway Station Reference: 2374+11.30 to 2387+31.10. Z PARCEL TWO A parcel of land being a portion of the SW 1/4 SW 1/4 of Section 17, T.3N., R.1E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, T.3N., R.1E., B.M., Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence, N. 0°00107" E. 462.55 feet along the west line of said SW 1/4 of Section 17; thence, N. 89°36,58" E. 893.00 feet; thence, N. 0°03123" W. 585.36 feet to a point of curve on the south right-of-way of I-84; thence along a curve to the left 435.18 feet, said curve having a delta of 234,5311, a radius of 9,659.30 feet, tangents of 217.63 feet and a long chord of 435.14 feet which bears N. 87°44104" E. to a point of ending of curve; thence leaving said right-of-way, S. 0°03123" E. 1062.19 feet along the east line of said SW 1/4 SW 1/4 to the SE corner of said SW 1/4 SW 1/4 of Section 17; AMENDED ORDINANCE - MID -VALLEY Page 2 thence, S. 89*36158" W. 1328.30 feet to the REAL POINT OF BEGINNING, said parcel containing 20.00 acres. AND PARCEL THREE A parcel of land being a portion of the SW 1/4 SW 1/4 of Section 17, T.3N., R.lE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 17, 18, 19 and 20, TAN., R.1E., B.M., Ada County, Idaho; thence, N. 0000107" E. 1041.55 feet along the west line of said SW 1/4 of Section 17 to the south right-of-way of I-84, said point being the REAL POINT OF BEGINNING; thence along said right-of-way the following courses and distances: N.89054128" E. 391.93 feet to a Highway ROW Monument; thence, N. 87'05,00" E. 200.50 feet to a Highway ROW Monument; thence, N. 890571161, E. 149-.93 feet to a Highway ROW Monument marking a point of curve; thence along a curve to the left 150.29 feet, said curve having a delta of 005312911, a radius of 9,659.30 feet, tangents of 75.15 feet and a long chord of 150.29 feet which bears N. 89028115" E. to a point of ending of curve; thence, S. 0°03123" E. 585.36 feet; thence, S. 89°36158" W. 893.00 feet to a point on said west line of SW 1/4 of Section 17; thence, N. 0°00107" E. 579.00 feet along said west line to the REAL POINT OF BEGINNING, said parcel containing 11.91 acres. are hereby annexed to the City of Meridian; that PARCEL ONE is zoned I -L; that PARCEL TWO is zoned C -G, and PARCEL THREE is zoned I -L; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as AMENDED ORDINANCE - MID -VALLEY Page 3 adopted by the Meridian Council on the request for annexation and zoning; that Applicant shall pay any development fee or transfer fee 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 - annexation if the owner shall not meet the following requirements: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 2. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 3. Construct streets to and within the property. 4. Dedicate the necessary land from the centerline of Overland Road for public right-of-way. 5. Pay any development fee or transfer fee adopted by the City of Meridian. 6. 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. 7. 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 this Amended Ordinance. AMENDED ORDINANCE - MID -VALLEY Page 4 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 �ec.epn46 e /­ , 1994. APPROVED: •XIIVSFORD ATTEST: CITY CLERK -- WILLIAM RG, JR. AMENDED ORDINANCE - MID -VALLEY Page 5 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 ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING SOUTH OF I-84 IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 17, T. 3 N., R. 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 615, by theity Council anayor of the City of Meridian, on the 6,A- day of r CIelubei , 1994, as the same appears in my office. 6 "'�A- day of W�ee,ei-n h,e1- 1994. STATE OFA ss. County of Ada, ) City Clerk, City ridian Ada County, Idaho On this 164k day of _hecem(oe-- , 1994, before me, the undersign�ed, 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. ee�eeeeeeeeae,,,® e 000-T A ` 9 m SEAL m- m m e '���H10ee1eylei ry Public for Idaho ling at Meridian, Idaho e4m, ",'ss;d k eV%res 47011�/99 AMENDED ORDINANCE - MID -VALLEY Page 6 w a U LO I ON / HEIGHTS '- _ � —_. W��— _ — ♦'111 ���—�— NO. 2. ' i s tt to AVI ION - -- ul ---- ----------------------------- --------- --------- ----------- -- ----- ---- -------------------- MIA Zoo15a� 149,gg` 1501Z�(` a:. �,� I�j�I�VIti�tVW jJO. LI tr '1 lu t �' w orLdllJa,Nc� No.CdS ��, b, .8 '/4 IS j �I � . � GJa F�1°36'S�uW..I�•30t .. I ------- --- -------------- ------------------ ----------------------------- ------------------------------ ----------------------- ii • 1a II , .. - ROMA Ther rn�p is made ham dam aaayd&Sft i by I& C..Uy Ada �+;ts; droll not be liable for irlamuradea or a ; I i U U 0 -1 ! AMENDED ORDINANCE NO. 598 p B0'; vlfykr Falam AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEX tri W ON,N CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PAR EL LANDPL'+Y4E.-Nd I IN A PORTION OF THE SE 1/4 OF THE SW 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, ----IDAHO;. AND PROVIDING AN EFFECTIVE DATE. REG'J-,— QST WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land lying in a portion of the SE 1/4 of the SW 1/4 of Section 5, T. 3N., R. 1E., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the section corner common to Sections 6, 7 and 8 and the said Section 5; thence South 89°59,01" East 1,326.31 feet along the Southerly boundary of the said SW 1/4 of Section 5 to a point marking the Southwest corner of the said SE 1/4 of the SW 1/4 of Section 5; thence North 0°26155" East 824.01 feet along the Westerly boundary of the said SE 1/4 of the SW 1/4 of Section 5, which is also the centerline of Dixie Lane, to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North 0026155" East 492.46 feet along the said Westerly boundary of the SE 1/4 of the SW 1/4 of Section 5 to a point marking the Northwest corner of the said SE 1/4 of the SW 1/4 of Section 5; thence South 89049,00" East 1,326.45 feet along the Northerly boundary of the said SE 1/4 of the SW 1/4 of Section 5 to a point marking the Northeast corner of the said SE 1/4 of the SW 1/4 of Section 5; thence South 0027120" West 868.60 feet along the Easterly boundary of the said SE 1/4 of the SW 1/4 of Section 5 to a point; thence North 89059101" West 580.00 feet along a line Northerly of and parallel with the said Southerly boundary of the SW 1/4 of Section 5 to a point; thence South 0027120" West 49.02 feet along a line Westerly of and parallel with the said Easterly boundary of the SE 1/4 of the SW 1/4 of Section 5 to a point; thence North 59°5910.5" West 858.07 feet to the point of beginning, comprising 23.67 acres, (1,031,146 square feet), more or less. AMENDED ANNEXATION ORDINANCE - DOVE MEADOWS/LEADER Page 1 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 parcel of land lying in a portion of the SE 1/4 of the SW 1/4 of Section 5, T. 3N., R. 1E., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the section corner common to Sections 6, 7 and 8 and the said Section 5; thence South 89°59101" East 1,326.31 feet along the Southerly boundary of the said SW 1/4 of Section 5 to a point marking the Southwest corner of the said SE 1/4 of the SW 1/4 of Section 5; thence North 0026155" East 824.01 feet along the Westerly boundary of the said SE 1/4 of the SW 1/4 of Section 5, which is also the centerline of Dixie Lane, to a point, also said point being the REAL POINT OF BEGINNING; thence continuing North 0026155" East 492.46 feet along the said Westerly boundary of the SE 1/4 of the SW 1/4 of Section 5 to a point marking the Northwest corner of the said SE 1/4 of the SW 1/4 of Section 5; thence South 89°49100" East 1,326.45 feet along the Northerly boundary of the said SE 1/4 of the SW 1/4 of Section 5 to a point marking the Northeast corner of the said SE 1/4 of the SW 1/4 of Section 5; thence South 0027120" West 868.60 feet along the Easterly boundary of the said SE 1/4 of the SW 1/4 of Section 5 to a point; thence North 89°59101" West 580.00 feet along a line Northerly of and parallel with the said Southerly boundary of the SW 1/4 of Section 5 to a point; thence South 0027120" West 49.02 feet along a line Westerly of and parallel with the said Easterly boundary of the SE 1/4 of the SW 1/4 of Section 5 to a point; thence North 59059105" West 858.07 feet to the point of beginning, comprising 23.67 acres, (1,031,146 square feet), more or less. is hereby annexed to the City of Meridian, and shall be zoned R-8 Residential; that even though it is zoned R-8 Residential no duplexes, townhouses or condominiums shall be constructed and only single-family residences shall be allowed; that the property shall AMENDED ANNEXATION ORDINANCE - DOVE MEADOWS/LEADER Page 2 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 shall not plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed, construct water and sewer line extensions to serve the property, construct streets to and within the property, meet the requirements and conditions of the Findings of Fact and Conclusions of Law and of this Amended Ordinance; if Applicant fails to meet these conditions the property shall be subject to de - annexation, which conditions shall run with land. 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 AMENDED ANNEXATION ORDINANCE - DOVE MEADOWS/LEADER Page 3 City of Meridian, Ada County, Idaho, this 06./-/L day of _ 0�)ee4 ^ 6t-_1 , 1994. APPROVED: r MAYOR -- GRANT P. IC F RD ATTEST: CITY CLERK -- WILLIAM ERG, JR. ,�; ' �. ; 16- 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 ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SE 1/4 OF THE SW 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 598, by the City Council and Aayor of the City of Meridian, on the X -02L day of cAeCeln,6e- , 1994, as the same appears in my office. s 4f� day of .I>eeewubey- , 1994. SEAL Q� M c , b C' Clerk, City of MeridiavV �� �� •�, A County, Idaho + y 91 AMENDED ANNEXATION ORDINANCE - DOVE MEADOWS/LEADER Page 4 STATE OF IDAHO,) : ss. County of Ada, ) On this day of eeeM6er , 1994 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.:h._- ty ? . to —G L �Ap e. SEAL =�® s = resMing Public for Idaho G� at Meridian, Idah®mission Expires Dg oa �soss1Of �ltoll's AMENDED ANNEXATION ORDINANCE - DOVE MEADOWS/LEADER Page 5 Y / I 1 I � ` • / I I I 1 XX t 1 I II 1 I I � • I I Q Z - \• f 1 I I e n ,� �i , �•� e - - I i i I 1 -�--'RAV Z - - I Liu +- I CL IWI • I Q I I .N I a I e ,1 lu i �?_/1Wi • f • ; I V I m D D • m� 1 I ^ � � s� � /Xw, C i 1 • a I 44 1 1 1 I I Chi ! 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