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HomeMy WebLinkAboutMeridian Friends Church AnnexationANNEXATION REQUEST 1. Police: No CcmTL-nts MERIDIAN FRIENDS CHURCH 1021 West Pine Meridian, Idaho 83642 PAID $ 320.00 2. Nampa Meridian Irrigation: District has Lateral to South End of Property The Right Way is 45 ft. overall width (Rutledge Lateral). Also the Nine Mile Drain crosses the area. U.S. Government Drain w/100 ft Right Way. Need to protect all small ditches in area. 3. Earl Ward: Sewer Stub to property line. 4. Central District Health: No objections to this Annexation/ 5. Walt Morrow Planning & Zoning: Annexation Request creates an enclave if enclave cleaned up no objection to this request. 6. Ada County Highway District: No Requirements 7. Gary Smith City Engineer: Annexation leaves approximate 1.5 Acre Enclave - on East Side. Request should include S h of West Pine Street & Railroad rightway. Connect to and pay connection fees for Sewer & Water within time set forth in ordinance. 8. Ron Tolsma: Annexation Creates Enclave of the property to the East. 9. P& Z Hearing held May 9, 1983 rec,nded to City Council that Annexation Request be approved provided Friends Church work out something with the Flemings and Peckhams so that they will join in the Annexation Request. See Findings of Fact and Conclusion of Law 4 • . th -P cc C � 'r 0 c LL L O ty •r r c N � s CD Z z 0 Ni 0 Q O U-1; i-) X N Z C Q a c Z Q Cl IY W J Q F— N Z M. 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(Address) (Applicant) s) 0 (Name) By— 88-8-272, _ ephone No. ) t--;Xk ( TE'<C.',!SY � R . S . 3 7 Ce — 8®26 (Engineer, Surveyor or Planner) (Name) (Telephone No. ) (Address) (Jurisdiction(s) Requiring Approval) (Type of Subdivision -Residential, Commericial, Industrial) } 50 By:) Acres of Land in Contiguous Ownership. '? 4 '� (Fee) MERIDIAN FRIENDS CHURCH ANNEXATION DESCRIPTION A parcel of land situated in the North half of the Southwest quarter of Section 12, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, being known as the West one-half of Lot 2 of WESTLAWN SUBDIVISION, filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey No. 456, filed as Instrument No. 8317278, at Book E, Page.468 of Surveys at the Ada County Recorders Office; more particularly described as follows: Commencing at the center quarter corner of said Section 12, marked by a brass cap; thence along the East-West mid-section line North 90000'00" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0002'15" West 30.00 feet to a point on the South right-of-way line of West Pine Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING; thence continuing South 0002'15" West 998.14 feet to a point on the North right-of-way of the Union Pacific Railroad, marked by a one-half inch iron pin; thence along said North right-of-way North 89°01'43" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way North 0002'05" East 994.33 feet to a point on the South right-of-way of West Pine Street; thence along said South right-of-way North 90°00'00" East 224.45 feet to THE POINT OF BEGINNING. 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C-) (fD N C x N 1. a N O m 3 1Z 00 Ai (D d J !14O 3 Cu N Cl 2 Z O (D c+ H C/1 J.O N J n E m 3 v -00 Cr I= "OND > (D a CD (D (D O �tCL O �. v (n NFi+' 3 H w (D D O C+ c M . oLn 3ct CENTRAL DISTRICT HEALTH DEPARTMENT Review Sheet Return to: Boise Rezone # _ Eagle Conditional use # Meridian Preliminary/Final/Short Plat _ Runa M&Q&1f-A) UWZ46 _ ACZ 1.' We have no objections to this 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. We can approve this proposal for: _Central sewage _Interim sewage _Individual sewage and _Central water _Individual water _Community water well. 8. Plans for _Community sewage _Sewage dry lines, and _Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Office. 9. Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. Reviewed by: Date :m- 0 - CL as flG- w CL aJ• C+ 0 a J N m fD c-+ N w N tD c� fD N w • r AM m C-) O 3 3 m z f.n A Z v m C-) 0 3 3 m z D O z �• e A O -.• O C-) 0 00-0 -_0 m N fD C+ - 0 +O CD O O O c+ -S CD •S fD c+ 0 o = (D :D =^^ CL 3 w CD c+ % J. 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A'!1� � �'s+ "S� � i'^.li•�(" ►ys ��4►' � L_ ,1 •. n APPLICATION FOR ANNEXATION APPROVAL Meridian Planning & Zoning Commission Filing Information I. GENERAL INFORMATION MERIDIAN FRIENDS CHURCH ANNEXATION (Proposed Name of Subdivision) 1021S7 - (General Location) (Legal Description - attach if lengthy) (Owner(s) of Record) (Name) (Telephone No. ) _ 1021 -{fie "" E (Address) (Applicant) (Name) Y Address) t --;:&,T- 72-�:741E- `e (Engineer, Surveyor or P .S, r) (Name 2 72- (Applicant) 2 ,(,; , '��� ephone No. )-57 ,376-80: (Telephone No. ) - (Address) (Jurisdiction(s) Requiring Approval) T1 r — (Type of Subdivision -Residential, Commericial, Industrial) } 50 'j Acres of Land in Contiguous ownership. (A cepted By:) (Fee) MERIDIAN FRIENDS CHURCH ANNEXATION DESCRIPTION A parcel of land situated in the North half of t Section 12, Township 3 North, Range 1 West, Bois Idaho, being known as the West one-half of Lot 2 filed of record with the Ada County Recorder at that parcel shown on Record of Survey No. 456, f at Book E, Page 468 of Surveys at the Ada County particularly described as follows: Southwest quarter of eridian, Ada County, WESTLAWN SUBDIVISION, k 2, Page 949 also being d as Instrument No. 8317278, corders Office; more Commencing at the center quarter corner of said S ction 12, marked by a brass cap; thence along the East-West mid -se tion line North 90000'00" West 670.03 feet to a point, mark d by a P.K. nail; thence leaving said line South 0002'15" West 30.00 feet to a point on the 3outh right-of-way line of West Pine Street, marked by a one-half inch ron pin, THE REAL POINT OF BEGINNING; thence continuing South 0002'15" West 998.14 feet to a point on the North right-of-way of the Union Pacific Railroad, marked by a one-half inch iron pin; thence along said North right-of-way North 89°01'43" West 224.44 feet to a point, markad by a one-half inch iron pin; thence leaving said right-of-way North 0002'05" East 994.33 feet to a point on theSouth right-of-way of West Pine Street; thence along said South riiEGINNING. ht-of-way North 90°00'00" Last 224.45 feet to THE POINT OF Said parcel contains 5.133 acres MollP, +,.l,;Ip; 4111 AM "d ate ' � dad I1dC 8th 1MT&a$, boaband M 00 val ®. do �R 11 oaad tantr 4,1 nob bHITiTET BRIEIiD,9 or S'�, IFC. amm Yct, co s; t'PoraLaong i � a3�t►lad 'dosed G�a� iA. *h,�;'.y # ••fie _. _Covahr Jdaha, to wit: thOf Lot 2 or wont L of e g aQvn sob �a0t of the °f s�otion 12� dssrf ilia 1fari.diaa• is As To"t u ��a �,•; � with all water. nater rj rights Of 1607 oAPurteaaat the rate Z4 f �K• , 1�D BAVB A" To FOIA tie sold �.qwith theiraa 1 i�i.a wsWEtw hls add g .Riad tae xW s eD that tmzare w a into "d od thay WD +orraat ,ate dofed *a fin dei v te. ` scan or pDwao. OF ! DA oa WA I th day of August hde.062 r"a• a sir pubus In WA br ow Stata, ur U JAMS Co RAYNOR and IWoGEHz RAYNOI buabaad and wife, hol�a �e �,r�t�&a�.,,peraes9 s mt+oa. nacee s are we iw��1pr+ aed a,�Oteovl,dted � � 16ar2df�mo' ao� oar g..�'�.'15th 1966 �MAW 1 Lvioion or part or the Ship 3 Aorth, Uwe 1 I C MUty, Stata of Idaho. Us, ditches and flitch or Connected therewith. "urt=oa onto the laid Grill a 40herety haat to and -41411111 aerie ash Lisa; that dw art tree , aum wMbwver, 8rATIC OF 9D 0, cOYJM Or —• I hasby CM y this i the at , a•d to. mord at &. )rl-k�W at 72 Dine e'ttedcf�ay day of 10 ��. leo My dad duly is � /tLIQ� of � at W.- .11 RAST!®A w U H LL- LL- C) LLLC) r 3 C LLQ C) F 4J w f0 0= r d m r � t0 N C •r •N LL •• U Z •r F- +j Q (n E i> r •r •I-/ O_ im r U N +3 L •S C 0 U d 4-3 O t -r L •r 4) r fly a-•1 N � fCf rp � fn U •r N •r •r •r ?y U 2 L 44- 3 CA +s r Q t N U O ¢ •r C G1 .0 N 2 4J •Or C U O C N •0 L N 0- >f 'r •r •r O 4-3 C i L +1 C C C C 4! 4J CO M b r - Q •r •r Q r— f0 1 4--) L .r C � E Q aj O ro Z .. \ Z • 0) C N .0 cc N d' O'r � c • c+7 C N c t0 cm a •r• - 'O C •r f0 L f6 •r Q7 •r •r •r L 00 i O N 4J M: r- M: 1 o ++ c N F- W O o O N kc e O • cr) U-0 V) (U i r6 +-1 N C C) In rn C� fly H 0 •• L 4-3 C •r C LL C L to 4-+ f0 O r GJ a � � Op L O b C N N N • • U1 b 1� � GJ ? H •r � O C •0 r- O •r U•r L N O O b O C) r C G1 F- IV in U 4-1E Z Z C f0 00 w Q O U U +) i O N L +1 N r- S-10 Q f0 > GJ U �- X O N L +-1 w (V L •r O C C Z C Q 0) 0 � J Q f0 •I-•/ N N Z c Q 4- N N Q•r z •• O •.- a E E N ►-� VI f0w i O- O Z M LLJ Z s O U U w Ix 4=r L •r N >>r Q w w O -0 i C •r C Q IY LL 3 F- Q •r U cr cc Lr w 4r Q w Q s 4-1 3: - o Oi.1 b S- .� �• 0) w 0 b t 4-1 (U •y f0 N r- of rn i 0 L f0 O t WO Fes- = E m 3 CO F -L3 (D o •� to v% Y i 4J N a'O rr• p cc L C N C ',4J CL N _ C �Q r y U U C O 0 b O 3 0 o •�- GJ m w U H LL- LL- C) LLLC) r 3 C LLQ C) F 4J w f0 0= r d m r � t0 N C •r •N LL •• U Z •r F- +j Q (n E i> r •r •I-/ O_ im r U N +3 L •S C 0 U d 4-3 O t -r L •r 4) r fly a-•1 N � fCf rp � fn U •r N •r •r •r ?y U 2 L 44- 3 CA +s r Q t N U O ¢ •r C G1 .0 N 2 4J •Or C U O C N •0 L N 0- >f 'r •r •r O 4-3 C i L +1 C C C C 4! 4J CO M b r - Q •r •r Q r— f0 1 4--) L .r C � E Q aj O ro Z .. \ Z • 0) C N .0 cc N d' O'r � c • c+7 C N c t0 cm a •r• - 'O C •r f0 L f6 •r Q7 •r •r •r L 00 i O N 4J M: r- M: 4 ON May 10, 1983 Planning and Zoning Commission City of Meridian Meridian, ID. 83642 Gentlemen: As a property owner we wish to request annexation of our property as described in the attached legal descriptionjto the City of Meridian to be included in Meridian Friends Church annexation. The zoning requested is A. Sincerely, Paul A. Fleming In any inquiry concerning this Escrow refer to ORDER No.-19,68460L---- ------------daho--TIO-e-A ornFAnY------------------------------- RoiseJela.ho----------,------ ApriL-11-------------- 19 -_73 - Western Equipment Co., a division of J. A. Terteling & Sons, Inc., an Idaho ------------ e-orpo-ratien------------------------------------------- ------- --------------------------------------------------------- --------------------------------- herewith deposits ------ C0-rpo ation----------deed from -------- Its -elf ------ ----------------------------------------------- PAUL A. FLEMING and MARGUERITE FLEMING, husband and wife to------- - ----------------------------------------------------- conveying___ see attached Part of Lot 2 of WEST 1A% -w SUBDIVISION, according to :.he plat thereof , filed in Book 2 of Plats at page 94, records of Ada County, Idaho, described as follows: Commencing at the center of Section 12, T. 3 N., R. 1 W., B.M., thence nest -along the East-West center line of said Section 12, which is also the center line of lies', Pine Avenue, n distance of 654.40 feet; thence South a d.i.st;ancc .' J, to the South lino of Wost Plrh, Av, ciu0, :., - ,a:, ?1:ce. of Beginning; thence contin-_., Sough a distance of .125 ­;u� --;,-ice Eas,v a dis ;ante of 90feet; thence 'North a distance of 125 feet to a point on the South line of West Pine Avenue; thence West along the South line of West Pine Avenue a dis- tance of 90 feet == +^A Place of Beginning. 3 NOTICE OF HEARING PROPOSED ANNEXATION AND ZONING; NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho that a hearing will be held before the Planning and Zoning Commission of the City of Meridian at the City Hall in the City of Meridian, at the hour of 8:00 o'clock p.m, on May -9, 1983, for the purpose of annexing and zoning the following described property. Any and all persons interested shall be heard at said meeting: The following described property to be known as "MERIDIAN FRIENDS CHURCH ANNEXATION", and to be zoned"A" RESIDENTIAL: A parcel of land -situated in the North half of the Southwest quarter of Section 12, Township 3 North,, Range1 We!�t, Boise -Meridian, Ada County, Idaho, being known as the West one-half of Lot 2 of WESTLAWN SUBDIVISION, filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey No. 456, filed as Instrument No. 8317278, at Book E, Page 468 of Surveys at the Ada County Recorders Office; more particularly described as follows: Commencing at the center quarter corner of said Section 12, marked by a brass cap; thence along the East-West mid-section line North 90000'00" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0°02115" West 30.00 feet to a point on the South right-of-way line of West Pine Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING; thence continuing South 0002115" West 998.14 feet to a point on the North right-of-way of the Union Pacific Railroad, marked by a one-half inch iron pin; thence along said North right-of-way North 89101143" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way North 0002105" East 994.33 feet to a point on the South right-of-way of. West Pine Street; thence along said South right-of-way North 90°00'00" East 224.45 .feet to THE POINT OF BEGINNING. ALSO INCLUDED in the annexation property is the land between the above described parcel's North boundary and the centerline of Pine Street and the land between the above described parcel's South boundary and the South boundary of the Union Pacific Railroad right-of-way. DATED thisday of April, 1983. AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8894461 ,;'City Cle 4 lil NOTICE OF HEARING PROPOSED ANNEXATION AND ZONING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho that a hearing will be held before the City Council of the City of .Meridi an, at Inhe ho of 7:30 o'clock p.m. onJune 6, 1983, for the purpose of annexing and zoning the following described property. Any and all persons interested shall be heard at said meeting: The following described property to be known as "MERIDIAN FRIENDS CHURCH ANNEXATION" and to be zoned "A" RESIDFNTITT.,; A parcel of land situated in the North half of the Southwest quarter of Section 12, Township 3 North, Range 1 West, Boise-l4eridian, Ada County, Idaho, being known as the ;gest one --half of Lot 2 of WESTLAWN SUBDIVISION, filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey No. 456, filed as Instrument No. 8317278, at Book E, Page 468 of Surveys at the Ada County Recorders Office; more particularly described as follows: Commencing at the center quarter corner of said 'Section 12, marked by a brass cap; thence along the East-West mid-section line North 90100100" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0°02'15" West 30.00 feet to a point on the South right-of-way line of West Pine Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING: thence continuing South 0002115" West 998.14 feet to a point on the North right-of-way of the Union Pacific Railroad, marked by a one-half inch iron pin; thence along said North right-of-way North 89°01143" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way North 0002105" East 994.33 feet to a point on the South right-of-way of West Pine Street; thence along said South right-of-way North 90°00100" East 224,45 feet to THE POINT OF BEGINNING.. ALSO INCLUDED in the annexation property is the land between the above described parcel's North boundar7,� and the centerline of Pine Street and the land between, the above descri-he(7 parcel's South boundary ane' the South boundary of the Union Pacific Railroad right-of-way. ALSO INCLUDED is the following described property: Part of Lot 2 of WEST LAWN SUBDIVISON, according to the plat thereof, filed in book 2 of Plats at page 9�, records AMBROSE, of Ada County, Idaho, described as following; FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83642 Telephone 8864461 J Commencing at the center of Section 12, T. 3N., R. 1W., B.M., thence West along the East-West center line of said Section 12, which is also the center line of West Pine Avenue, a distrance of 654.40 feet; thence due :South to a point on the South right-of-way line of West Pine Avenue, the real place of beginning; thence continuing South a distance of 125 feet; thence East a distance of 90 feet; thence North a distance of 125 feet to a point on the South line of West Pine Avenue; thence Wast along the South line of West Pine Avenue a distance of 90 feet to the Place of Beginning. 1 nth DATED this"' day of May, 1983. J NT N, Cit1 Clerk AMBROSE, FITZGERALD & CR00KSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8881481 MERIDIAN FRIENDS CHURCH ANNEXATION FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation having come on for hearing on the � '! day o _ , 1983, at the hour of 7:30 o'clocl p.m., the Petitioner appearing through Jack Newell, before the City Council of the City of Meridian and said Commission makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That all notices have been given as required by law and all approvals and procedures before the Planning and Zoning Commission have been given and followed; 2. That the property is adjacent and abutting to the present City Limits; 3. That the property is described as set forth below: A parcel of land situated in the North half of the Southwest quarter of Section 12, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, being known as the West one-half of Lot 2 of WESTLAWN SUBDIVISION, filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey No. 456, filed as Instrument No. 8317278, at Book E, Page 468 of Surveys at the Ada County Recorders Office; more particularly described as follows: Commencing at the center quarter corner of said Section 12; marked by a brass cap; thence along the East -[Jest mid-section line North 90°00'00" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0002115" West 30.00 feet to a point on the South right-of-way line of West Pine Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING; thence continuing South 0002115" West 998.14 feet to a point on the North right-of-way of the Union Pacific Railroad, marked by a one-half inch iron pinj thence along said North right-of-way North 89101143" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way North 0°02105" East 994.33 feet to a point on the South right-of-way of West Pine Street; thence along said South right-of-way North 90100'00" East 224.45 feet to THE POINT OF BEGINNING. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 627 Meridian, Idaho 83562 Telephone 888.6659 0 • ALSO INCLUDED in the annexation property is the land between the above described parcel's North boundary and the center- line of Pine Street and the land between the above described parcel's South boundary and the South boundary of the Union Pacific Railroad right-of-way. ALSO INCLUDED is the following described property: Part of Lot 2 of WESTLAWN SUBDIVISION, according to the plat thereof, filed in Book 2 of Plats at page 94, records of Ada County, Idaho, described as follows: Commencing at the center of Section 12, T. 3N., R. 111., B.M., thence West along the East-West center line of said Section 12, which is also the center line of West Pine Avenue, a distance of 654.40 feet; thence due South to a point on the South right-of-way line of West Pine Avenue, the real place of beginning; thence continuing South a distance of 125 feet; thence East a distance of 90 feet; thence North a distance of 125 feet to a point on the South line of West Pine Avenue; thence West along the South line of West Pine Avenue, a distance of 90 feet to the Place of Beginning. 4. That the owners of the property are the Meridian Friends Church and Paul Flemminer; 5. That the proposed zoning of the property as "A" Residential is in accord with the Meridian Comprehensive Plan and the proposed zoning ordinance and present zoning laws; 6. That the existing use of the property is a residential one and the use will remain a residential use, that is a church with a detached residence for use as a parsonage; 7. That no persons appeared at the public hearing objecting to the annexation or the zoning; however, an adjacent property owner, Mr. and Mrs. Peckham, did appear at the hearing before the Planning and Zoning Commission due to the fact that if this annexation request is granted, it will create an enclave where their property is. That problem has been resolved by the parties. AMBROSE, FITZGERALD &CROOKSTON Al iomeys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 • • 8. That the annexation of the property is reasonable and that it is not a shoestring annexation; 9. That the owners have requested annexation and that this annexation has been instituted by them and not the City; 10. That the annexation of this property will aid in the orderly development of the City; 11. That the City Council of the City of Meridian finds the annexation and proposed use to be in harmony with the general purposes and uses of the area and will not be otherwise detrimental to the public health, safety and welfare; 12. That the property is presently within 300 feet of the Meridian City water and sewer. CONCLUSIONS 1. That the City of Meridian has authority to annex property pursuant to 50-222, Idaho Code; 2. That the annexation of the proposed property is in the best interest of the City and has been performed in compliance with the Local Land Use Planning Act and the Ordinances of the City of Meridian; 3. That once the property comes within the 300 -foot require- ment for water and sewer to be hooked up to the City, that that be done as required by Ordinance. DATED this day oi-�J4,rnJc-- , 1983. These Findings of Fact a d Conclusions were A "0C_ on a vote of Yea Neal( T ST: , City Cler r'1 � AMBROSE, FITZGERALD BCROOKSTON Ariomeys and Counselore P.O. Box 427 Meridian, Idaho 83812 Telephone 8884181 ORDINANCE NO. if AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING LOCATED IN SECTION 12, TOWNSHIP 3. -NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING KNOWN AS THE WEST ONE-HALF OF LOT 2 OF WESTLAI�N SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: MERIDIAN . FRIENDS CHURCH ANNEXATION A parcel of land situated in the North half of the Southwest quarter of Section 12, Township 3 North, Range 1 West, Boise-rieridian, Ada County, Idaho, being known as the West one-half of Lot 2 of WESTLAWN SUBDIVISION, .filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey No. 456, filed as Instrument No. 8317278, at Book E, Page 468 of Surveys at the Ada County Recorders Office; more particularly described as follows: Commencing at the center quarter corner of said Section 12 marked by a brass cap; thence along the East-West mid-section line North 90000100" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0002115" West 30.00 feet to a point on the South right-of-way line of West Pine Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING; thence continuing South 0102115" West 998.14 feet to .a point on the North right-of-way of the Union Pacific Railroad, marked by a one-half inch iron pin; thence along said North right-of-way North 8901143" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way North 0°02105" East 994.33 feet to a point on the South right-of-way of West Pine Street; thence along said South right-of-way North 90°00'00" East 224.45 feet to THE POINT OF BEGINNING. ALSO INCLUDED in the annexation property is the land between the above described parcel's North boundary and the center- line of Pine Street and the land between the above described parcel's South boundary and the South boundary of the Union Pacific Railroad right-of-way. ALSO INCLUDED is the following described property: Part of Lot 2 of WESTLAWN SUBDIVISION, according to the plat thereof, filed in Book 2 of Plats at page 94, records of Ada County, Idaho, described as follows: J Commencing at the center of Section 12, T. 3N., R. 1W., B.M., thence West along the East-West center line of said Section 12, Qhich is also the center line of West Pine Avenue, a distance of 654.40 feet; thence due South to a point on the South right-of-way line of West Pine Avenue, the real place of beginning; thence continuing South a distance of 125 feet; thence East a distance of 90 feet; thence North a distance of 125 feet to a point on the South line of West Pine Avenue; thence West along the South line of West Pine Avenue, a distance of 90 feet to the Place of Beginning. NOW, THEREFORE, BE IT ORDAINED BY THE I4AYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, Idaho: Section 1. That the above described and referenced real property is hereby annexed to -the City of Meridian, and shall be zoned as follows: "A" Residential. Section 2. That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within 10 days following the effective date of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this pj�) day of June, 1983. ATTEST: AMBROSE, FITZGERALD QCROOKSTON Attomeys and Counselors P.O. Boa 427 Meridian, Idaho 83842 Telephone 8884481 k k * (N) ((q. Before: PLANNING AND ZONING COMMISSION Location: 728 Meridian Street 1teridian, Idaho Time: Other 5.15 P.M. Date: THiJRSDay JUNE 2, 1983 Items to be discussed are as follows: FINDINGS OF FACT AND CUXIUSION OF LAW MERIDIAN FRIENDS CHURCH ANNEXATION Meridian Planning & Zoning Commission May 9, 1983 Regular meeting of the Meridian Planning & Zoning Commission called tb; order by Chairman Bob Spencer at 8:00 p.m. Item 1 Members Present: Walt Morrow; Bob Giesler; Marnell Chenowith Members Absent: Tom Eddy; Gerry Sweet Others Present: Jack Newell; Robert E. Beeson; Roy & Sue Peckham; Allen Fleming; Wayne Crookston Jr.; Jack H. Niemann Minutes of the previous meeting held March 14, 1983 were approved as written. _ Minutes of the previous meeting held April 11, 1983 were approved as written. PUBLIC HEARING - Meridian Friends Church Annexation Request Jack Newell was present representing the Meridian Friends Church. Newell: "We are requesting annexation because we would like to build a house in the area that we tore down a house. We would like to be taken into the City so that we can have City Services, obviously at a reduced price. We understand that it does create an enclave. We have spoken to the two people involved in the enclave, Flemings and Peckhams, F1dmings have no objections to comming in, it would be an advantage to them, and Peckhams are here and they can speak to their problems better than I can In our discussions they are amicable to coming in, with some reservations because of the cost of hooking up to the services according to the City Ordinance. If something can be worked out there - a variance of some sort - they are amicable to joining us in coming into the City thus eliminating the enclave. I assume those are the major problems that we have." 0 Spencer: "Are there any questions of the Commission?" Morrow: "My only concern is the enclave, and if they can settle that - that's fine." Giesler: "That's the way I feel." Spencer: "I will now open the Public Hearing, is there.. any comment at this time?" "If the other people would like to come up at this time and discuss their needs and wants." Roy Peckham: "We live on the property concerned in the enclave." "I don't have any problem with, or anything against coming into the City, but as it is right now we have our own well and everything, and the cost of hook up is quite a problem." "I do have a question, would there be any change - right now as it is zoned I can put a horse out there in my pasture. I was wondering as I have not been able to get the fence finished, if this changes if I join the City?" Spencer: "The request is for A Residential." Peckham: "We moved in there last September. Since then my main objective has just been cleaning the place up and making it livable. This summer I wanted to put a horse in there, that was my main objective for buying an acre." Crookston: "No horse in A Zone." "If he puts his horse on before We annex then he would have his Grandfather rights. Fleming: "We always thought that we were in the City because the water lines end at our property. We just found out this last year that we are not in City and that is why we are paying double Sewer and Water." Sue Peckham: "We have no objection to being annexed now, if -we can get a variance to looking up at a -later time,'because our well and septic tank are working just fine4__.and there is no reason that we would want to go through that extra expense right now." Meridian Planning & Zoning Commission 2.� Mav 9, 1983 Item 1 Public Hearing - Meridian Friends Church Annexation Request Cont'd . . . . . . Morrow: "What about the variance on the -Water and Sewer hook up, if their systems. are all functional and working now?" Crookston: "It's a pretty tough variance because of the bonding requirements, requiring that anybody within 300 feet of the water or sewer or both must hook-.up-"- It's ook-.up�It's pretty tough." Morrow: "Grandfather rights on Sewer and Water hookup?" Crookston: "If their house is in the City then they have to hook up. That is the determining factor." "They wouldn't have any grandfather rights because the require—__ ments are when they become annexed into the City and are within 300 feet of the lines they have to hook up. The only reason they have not had to hook up now is that their house is not in the City." Giesler: "rf they did decide to come into the City how long after that would they have to hook up?" Crookston: "The Ordinance says 15 days after the City gives the notice." Crookston: "It's a real tough variance because you are not only giving them a variance from the Sewer and Water Ordinances, you are also in essence violating the Bonding Ordinances." Newell: "Obvious, the Peckham's don't really have any reason to want to come in tale City. It's a large cost to them." "We with our Annexation request do not want to force them into a cost that really is unreasonable to them at this point in time. They are the only ones really that are adversely -affected by this request." "If.! their systems go haywire in the immediate future, they are in the County, and there it nobody that is going to grant them a. -permit to re-rdag a well or build another Sewer System, even though they are outside of the City, so it would cost them double to hookup. So there is that advantage." "They are trying to help us in our request. to go into the City." "It seems to me that they are being cooperative to -.help the City in that growth area there, it seems that a variance might be,.' -it seems like it is a logical request." "If their systems are working all -right and not causing any health problems." Commissioner Member Chenowith questioned Newell as to the immediate need of the - annexation. Newell: "We have a price on a house that was good until May lst. They extended it until tonight, so we could see where we stood. We are not going to force this. In fact, we may withdrawl this request if it is going to harm these people." "Dollar and cents wise it is mandatory that we be in the City. We would have to pay three double hook ups if we were to build that house there. Nobody will grant us a Building Permit without hooking up to the City Water and City Sewer, it would cost us $4,800.00 to hook up." Crookston: "To my knowledge, the City Council has never granted a variance from the hook up fees or the double hook up fees outside the City. I think the City Council would be more amiable to allowing an enclave than to grant a variance for the Sewer and Water." "The enclave seems to be less of a problem than the Sewer and Water because of the bonding." "It would be better to work within the enclave problem rather than violate the bond." Chenowith: "I am not willing to create an enclave. It sounds like you (Peckhams)_are about ready to come into the City;if not for the money problem." Morrow: "Does the City have any provisions for extended payments?" Niemann: "I think that they do. When it creates a hardship we can extend the payments over a period of time." Newell said that he felt the members of the Church would be willing to help the Peckhams dig the lines and install. -,the pipe for the sewer and water, if the City would allow them the time needed to build the house. Chenowith: "It sounds like that would be a good solution. It seems like everyone is more than willing to give you a helping hand." Meridian Planninq & Item 1 Cl Commission 3. Public Hearing - Meridian Friends Church Annexation Request Cont'd . . . . . . Newell:. "But they still have the dollars -and cents problem." 9, 1983 Morrow: "Obviously it is more cost effective for the Church to be able to put your parsonage on this piece of property." "What would be the feeling among the Church to write a long term low interest or no interest loan for the hook up fees so that the Peckhams pay you over the period of time." Newell: "There could be problems involved. It certainly would be an option however." Newell: "When we first initiated this thing we thought that our East line was the_ City line. We had no idea that we were involving other people until we got deep into it." Newell: "I,:think that your suggestion would be up to the Peckham's. If they would ..... I think that we might be able to -finance something like that - possibly.. At this point in tim€ they have no expe se.at all. They are living there happy and unconcerned and now all the sudden they are going to have expense - they are going to have monthly expense of the services - they are going to have increased tax." Chenowith: "But they will have the benefits of the services of the City." Newell: "But they have free benefits right now of all that. They have an awful good sewer and awful good water right now that doesn't cost them anything but electricity to run the pump." "This is a young couple starting out - and we don't want to force those types of problems on them." "We are willing to work with them if they are _ willing to work with us and if the City will work with all of us." Peckham: "We could run over some ideas and work together." Spencer: "Is there any other comments from":the audience concerning this Annexation request?" There was no response. Spencer: "I will now close the Public Hearing." Morrow: "I think that I would recommend that everybody -tries to see what they can work out themselves, and see if they can come to some sort of a solution. The thing to do, is for the City to look at what it can do, to try to make the thing work." "We don't have a solution to the problem to make a recommendation on." ` The Motion was made by Morrow and seconded by Chenowith that the Planning & Zoning Commission recommend to the City Council approval of the Annexation request by Meridian Friends Church on the condition that the Friends Church work out something with the Flemings and the Peckhams to that they will join in the request for annexation also. Motion Carried; Chenowith, yea; Giesler, yea; Morrow, yea Chairman Bob Spencer instructed the City Attorney Wayne Crookston to prepare the Findings of Fact and Conclusions of Law regarding the Annexation request by Meridian Friends Church. The Motion was made by Giesler and seconded by Morrow to adjourn at 8:55 p.m. Motion.Carried: Chenowith, yea; Giesler, yea; Morrow, yea APPROVED: ATTEST: CHAIRMAN, BOB SPENCER Jack H. Niemann, City Clerk 6 Meridian City Council June 6, 1983 Regular meeting of the Meridian City Council called to order by Mayor Joseph Glaisyer at 7:30 p.m. Council Members Present: Grant P. Kingsford; Ronald Tolsma; Rick Orton Jr.; Bill Brewer Others Present: Doug Nichols; Bruce Stuart; Art Leister; Jim & Judy Ingraham; Kathy Ingraham; Joy Hemlin; David Hamlin; Ralph Ingraham; Betty Ashley; Ken Westby; Vernon Schoen; R.C. Spencer; Moe Alidjani; Jack Newell; Kay Newell; Michael Zuzel; Jeri Hansen; Darwin Hansen; Gary D. Smith; Earl Ward; Terry Smith; Roy & Sue Peckham; Skip Voss; Coenraad Abas; Jack Niemann; Minutes of the previous meeting held May 16, 1983 were approved as written. Item ` 1 PUBLIC H G: Meridian Friends Church Annexation Mayor Glaisyer opened the Public Hearing regarding the annexation request by Meridian Friends Church. There were no comments at that time from the audience. Councilman Tolsma questioned as to the enclave being included in the annexation request per the recommendation of the Planning and Zoning Commission. Jack Newell representing the Meridian Friends Church stated that the Peckhams, owners of the property creating the enclave, are agreeable to coming into the City if they— _ are not required to hook up to the sewer and water. Newell explained that the Peckhams are unable to hook up to the sewer because of an elevation problem with the property.., , WaSteWater Sup't Earl Ward explained that at worst the Peckhams would be required to get another septic tank permit. Ward said that the Central District Health Department would then require a letter from the City stating that the Peckhams are physically unable to hook up to the City Sewer System. Ward stated that this procedure has been done in the past so there would be no problem. Roy Peckham questioned the reasoning of still having the hook up cost of $800.00, when he would be unable to hook up to anything, and would not be receiving any services. Mayor Glaisyer explained that the City has an Ordinance that requires anyone annexing into the City to pay the hook up fees. Councilman Crookston agreed that according to the Ordinance they are required to hook up to City Services. Crookston said that he felt in this case however, the Council could grant a variance to the Ordinance if the Peckhams can not physically hook up to the sewer, but must hook up to the water if annexed. Councilman Brewer questioned if it was against the Ordiances of the City of Meridian to allow an annexation and create an enclave. Crookston said that to his knowledge "there is nothing to say that you can not create an enclave." Brewer: My feeling is, looking at the circumstances, why not create an enclave, and worry about it later once these people have the ability to hook up to the proper facilities." Mayor Glaisyer: "Are there any additional questions or comments regarding this annexation request?" There was no response. Mayor Glaisyer: "I will now close the Public Hearing." 'A JF•. Meridian City Council 2. Item 1 Meridian Friends Church Annexation Request Cont'd . . . . . . June -6, 1983 The Motion was made by Brewer and seconded by Orton to approve of the Findings of Fact and Conclusions prepared by the City Attorney concerning the Meridian Friends Church Annexation Request with the exlusion of Item #4 of the Conclusions. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea The Motion was made by Kingsford and seconded by Tolsma to approve of the annexation request by Meridian Friends Church. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Item 2 Arthur E. Leister, Jr.; Request to be charged for water only Arthur E. Leister, Jr., was present representing his request that he be charged for water usage only on vacant property located at 2011 N.W. 12th Street. Leister explained that the property is for sale at this time, and the water would be used to --keep the lawn green. Kingsford: "What happens to the grass clippings?" Leister: "I have the people taking them off." Kingsford: "So they go to the garbage man anyway." Councilman Kingsford explained to Leister that in the past the City has enforced that if you have a water hook up, you pay for those other services also. Kingsford said . that he felt it was in the best interest of the City not to deviate from that policy:- Kingsford also added that he was concerned that the Garbage Man would still be taking the grass clippings away for free. Crookston added that the Bonding Ordinance require that a unified billing be sent including water, sewer, and trash. There was discussion. (Tape on File - City Clerk's Office) The Motion was made by Kingsford and seconded by Tolsma to allow Mr. Leister's request to a minimum charge on the sewer and that a regular billing on the water and trash be sent. Motion Carried: Kingsford,yea; Tolsma, yea; Orton, yea; Brewer, yea Item 3 Bills The bills were read. The Motion was made by Kingsford and seconded by Brewer to approve the bills. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Item 4 Department Reports & Other Business Mayor Glaisyer reminded the Council that buget time is growing near, and urged that each Commissioner get with their Sup't and start on their budget. A Workshop was set for Monday, June 13, 1983 at 7:30 p.m. for the Council to work on the Subdivision Ordinance. MERIDIAN PLANNING & ZOO CONIl�iISSION Sl% d ,R— JUNE 2, 1983 Special Meeting of Meridian PLanning &Zoning Ccrdssion called to order by Chairman Bob Spencer at 5:24 P.M. Notice of Special Meeting on file with these minutes. Members Present: Walt Morrow; Bob Giesler, Marnell Chenowith Members Absent: Tom Eddy; Gerry Sweet 1 Finding of Facts and Conclusions on Meridian Friends Church annexation request; Chairman Bob Spencer asked if all members present had read the Findings of Fact and Conclusions prepared by Attorney Wayne Crookston on Meridian Friends Church Annexation Request. Members stated they had read the Finding of Fact & Conclusions, Spencer: "Any Question of the Carimission?" There was no response Motion made by Morrow and seconded by Chenowith to approve the Findings of Fact and Conclusions as prepared by Attorney Wayne Crookston on the Meridian Friends Church Annexation Request. (Findings of Fact & Conclusions on file with these Minutes) Motion Carried: Chenowith, yea; Giesler, yea; Morrow, yea; There being no other business to coque before the Commission the Motion was made - by Giesler and seconded by Chenowith to adjourn at 5:32 p.m. Motion Carried: Morrow, yea; Chenowith, yea; Giesler, yea; , BOB ATTEST: H. Niemann,,kity pc: Mayor & Council (5) P & Z Commission (6) JUB, Attorney, Fire Earl, Bruce, Vern Valley News, Statesman Pres Tribune Police, Ann City Clerk Mail: Meridian Friends Church File: Meridian Friends Church AMBROSE, FITZGERALD SCROOKSTON Attomeye and Counselors P.O. Sbx 427 Meridien, Idaho 63642 Telephone 888/481 MERIDIAN FRIENDS CHURCH ANNEXATION FINDINGS OF FACT and CONCLUSIONS The above entitled annexation having come on for hearing on May 9, 1983, at the hour of 8:00 o'clock p.m., the Petitioner, appearing through Jack Newell, before the Planning and Zoning Commission of the City of Meridian and said Commission makes the following Findings of Fact and Conclusions: FINDINGS.OF FACT 1. That all notices have been given as required by law and all approvals and procedures before the Planning and Zoning Commission have been given and followed; 2. That the property is adjacent and abutting to the present City Limits; 3. That the property is described as set forth below: A parcel of land situated in the North half of the Southwest quarter of Section 12, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, being known as the 'Test one-half of Lot 2 of WESTLAWN SUBDIVISION, filed of record with the Ada County Recorder at Book 2, Page 94, also being that parcel shown on Record of Survey_No. 456, filed as _ Instrument No. 8317278, at Book E, Page 468 of Surveys at the Ada County Recorders Office; more particularly described as follows: Commencing at the center quarter corner of said Section 12, marked by a brass cap; thence along the East-West mid-section line North 90000100" West 670.03 feet to a point, marked by a P.K. nail; thence leaving said line South 0002115" West 30.00 feet to a point on the South right-of-way line of West Pine _Street, marked by a one-half inch iron pin, THE REAL POINT OF BEGINNING; thence continuing South 0002115" West 998.14 feet to a point on the North right -of -way -of the Union Pacific Railroad, marked by a one-half inch iron pin; thence along said North right-of-way North 89°01143" West 224.44 feet to a point, marked by a one-half inch iron pin; thence leaving said right-of-way North 0002105" East 994.33 feet to a point on the South right-of-way of West Pine Street; thence along said South right-of-way North 90100100" East 224.45 feet to THE POINT OF BEGINNING. .1 AMBROSE, FITZGERALD d CROOKSTON Anornep and Counselors P.O. Box 427 Merldhm, Idaho 83812 Telephww SB8J481 0 0 ALSO INCLUDED in the annexation property is the land between the above described parcel's North boundary and the center- line of Pine Street and the land between the above described parcel's South boundary and the South boundary of the Union Pacific Railroad right-of-way. ALSO INCLUDED is the following described property: Part of Lot 2 of WEST LAWN SUBDIVISION, according .to the plat thereof, filed in Book 2 of Plats at page 94, records of Ada County, Idaho, described as follows: Commencing at the center of -Section 12, T. 3N., R. 1W., B.M., thence West along the East-West center line of said Section 12, which is also the center line. of West Pine Avenue, a distance of 654.40 feet; thence due South to a point on the South right-of-way line of West Pine'Avenue, the real place of beginning; thence continuing South a distance of 125 feet; thence East a distance of 90 feet; - thence North a distance of 125 feet to a point on the South line of West Pine Avenue; thence West along the South line of West Pine Avenue, a distance of 90 feet to the Place of Beginning. 4. That the owners of the property are the Meridian Friends Church and Paul Flemminer; 5. That the proposed zoning of the property as "A" Residentia is in accord with the meridian Comprehensive Plan and the proposed zoning ordinance and present zoning laws; 6. That the existing use of the property is a residential one and the use will remain a residential use, that is a church with a detached residence for use as a parsonage; 7. That no persons appeared at the public hearing objecting to the annexation or the zoning; however, an adjacent property owner, Mr. and Mrs. Peckham, did appear due to the fact that if this annexation request is granted, it will create an enclave where his property is. The Petitioner= had previously been informed that the City has a policy against annexations where they create enclaves. Attempts were made at the hearing to resolve the enclave problem by having the Peckham property included in this annexation. No resolution of the problem was recahed at the hearing; AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho &9812 Telephone 8881181 8. That the annexation of the property is reasonable and that it is not a shoestring annexation; 9. That the owners have requested -annexation and that this annexation has been instituted -by them and not the City; - 10. That the annexation of this property will aid in the orderly development of the City; 11. That the Planning and Zoning Commission finds the annexa- tion and proposed use to be in harmony with the general purposes and uses of the area and will not be otherwise detrimental to the public health, safety and welfare; 12. That the property is presently within 300 feet of Meridian City water or sewer. CONCLUSIONS 1. That the City of Meridian has authority to annex property pursuant to 50-222, Idaho Code; 2. That the annexation of the proposed property is in the best interest of the City and has been performed in compliance with the Local Land Use Planning Act and the Ordinances of the City of Meridian; 3. That once the property comes within the 300 -foot require- ment for water and sewer to be hooked up to the City, that that be done as required by Ordinance; 4. That the creation of an enclave is of concern to the Commission, but they also feel that the property should be annexed. RECOMMENDATION We the Planning and Zoning Commission hereby recommend to the City Council that this annexation be approved on the condition than e C� the Meridian Friends Church work out something with the Peckhams so that their property would be.included in the annexation. These Findings of Fact and Conclusions were ve_ A on a vote of Yea_ Nea I?-Nw:.'f ty AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83812 Telephone 8884481 rs'!Adlwlp�r i P.04 0009 jKrELP TiENOWTTH TOM EDDY GERRY SWEET