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Dove Meadows AZ Application
~ • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, March 16, 1993, for the purpose of reviewing and considering the Application of DAVID LEADER and JERRY P. RODMAN, for annexation and zoning of approximately 23.67 acres for a parcel of land located in the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, generally located North of Fairview East of Dixie Lane. That the Applicant requests annexation with zoning of R-S Residential. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this~~i day of February, 1993. 1 • I 1I !* ~ ~~$ ~~ i !`( i ~ I I ~# ~ - • nuiE _. _._ _yNE o i -_. _. _.. -- - \ III I ' .I i ~' / r i i , I I I. f~/ ~ j , :U 1 I I j I ' I • 1 ~~ ~ n r. ~ ~ ~ ~ ~ ~~ o D ]~ ,~ O ~~; ~ ~ rn ~. D tn, S • v., 4 ~ N ~ V N y~ ` U m;, ~ „ a CN~~ES u1s N, LG p ~ " ~E.xia o ° ti~ v~ - ~ _ ~ -; a ' ~ ~ ~ .s ~ ,r' dew ~ ` 2 E. ,; ~ m ~ ~ w N ~o ~ s .a 1 ~ ''. PilEM000 w r- ~ ~ ~ ~~ J .._ Y .L _ _ T N ~. II • r~ N ~ ` _ ~ ~ N -l• N Wrril IIL4 ~ ri .•. N ^ \~.L. N t ::~GHQIDGE AkE a ~~O ~ `~ ~ ~~~ J m i J i m J J O C • - - • ~ N. DIXIE PL. ~ n L O L -~ 6 D ~• .`•1 \~~ M "' v r `/J~ S ` V 4 ~ m o J C I' ~ ~,ro ~ O I = N i ,Y ,~, n _ ~~' m "~ N u A A x i l y;.~ ~, ~ D m a m -~ m r- J r ~ r ~~ •~ o Z ~_ ~ p m ® ; ~ •• V ~ N ~ T ~ N. DEVU AVE. ~ ~. ~ O fI • O ` N N ~ N WI ~ ~ NGATE ~~1y LL ~ PL --- - - ~ ~ ~ d Z F} ~°, 300 ~ N ' ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, January 12, 1993, for the purpose of reviewing and considering the Application of DAVID LEADER and JERRY P. RODMAN, for annexation and zoning of approximately 23.67 acres for a parcel of land located in the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, generally located North of Fairview East of Dixie Lane. That the Applicant requests annexation with zoning of R-8 Residential. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED thi~~ day of December, 1992. ITY PROPERTY OWNERS WITHIN 300 FEET LEADER'S ANNEXATION PROPERTY ~ "~- Norman Barker, P.O. Box 294, Volcano, California 95689 Richard Akerstrom, 2050 Dixie Lane, Meridian, Idaho 83642 Osborn Stenberg, 3600 Greenbriar, Boise, Idaho 83705 Turner Family Trust, c/o Northwest Prop. Mgmt, P.O. Box 7031, Boise, Idaho 83707 Sara Ewing, 1500 EI Dorado, Suite 4, Boise, Idaho 83704 Robert Packard, 761 Creekwood, MclGnney, Texas 75069 Capitol Christian Center, 306 N. 14th St., Boise, Idaho 83702 Theodore Roy, 2043 Whittier Place, Meridian, ID 83642 James Spagnoletti, 2053 Whittier Place, Meridian, ID 83642 Robert Hall, 2048 Whittier Place, Meridian, ID 83642 Charles Wright, 2046 Whittier Place, Meridian, ID 83642 Robert Glen, 2604 N. Cole Road, Boise, Idaho 83704 Robert Koga, 1965 E. Oakcrest, Meridian, Idaho 83642 John Leavitt, 1985 E. Oakcrest, Meridian, Idaho 83642 Wade Miller, 2005 E. Oakcrest, Meridian, Idaho 83642 111.rpt ' ~ ~~\ ' ~ ~ ,~ • -• _; [I ~' , ~ ~~ '1 3 ~ `' >63. z. 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MERIDIAN FIRE DEPT. - " " MERIDIAN CITY ENGINEER - " MERIDIAN ATTORNEY - " MERIDIAN POST OFFICE - " MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - " ADA COUNTY HIGHWAY DISTRICT - ADA PLANNING ASSOCIATION - " CENTRAL DISTRICT HEALTH - " NAMPA MERIDIAN IRRIGATION - " SETTLERS IRRIGATION - " " IDAHO POWER - " " US WEST - " '~ INTERMOUNTAIN GAS - " BUREAU OF RECLAMATION - OTHER COMMENTS: The City re quested corrections to the plat. The -I-a C i~ 4y l~. ~lad~e~ is attached _ City Attorney has areoared Annexation Ordinance. -- ~ALEY'S LAND SURVEYING 479 Main Boise, Idaho 83702 (2 ) 385-0636 TRANSMITTAL DATE: March 25, 1993 TO: Jack City of Meridian ( x ) For your action ( ) For your files Transmitted By: Jamie Cox Reference: Cherri Meadows Project No.: 1165 Enclosed are twelve sets of plans with the corrections you requested. n l_.! MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 15 Wood: Are there any plans to improve the lot? Boyd: Yes we intend to pave & landscape. Wood: Will the dance studio still be there and are there plans to improve from the studio out to Dixie Lane? Boyd: There's another development being approved to the north which will allow us to be contiguous for annexation. Wood: I would encourage not only your membership to maybe landscape it in such a way so it ~nceurages them to go across the parking lot in front of the church. Will they exit that way or will they continue to encourage them to use Dixie Lane. Boyd: There's currently an ingress/egress there on Dixie Lane so I'm assuming unless there's some restriction that on that side of the building they would ingress/egress an that west side. Kingsford: State your objections. Wood: My concern was where they are asking for a commercial zoning eventually is what we're getting down to for a portion of that building, it's definitely going to have more traffic for that entrance coming in off Dixie Lane. So why not encourage them to either improve that a little bit better or encourage the people to go back across the front of the church and go out the other exit. Kingsford: Thank you. Anyone else to testify? No response. I will. close the public hearing. The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law on the annexation and zoning request for the West Side Bible Church .with conditional use permit then conditioned upon the amendment to the Comprehensive Plan. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: ANNEXATION & ZONING BY DAVE LEADER: CHERI MEADOWS~SUBDIUISION: 1 • • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 16 Kingsford: I will open the public hearing at this time and invite the owner or representative to speak first. Pat Tealy, 479 Main St., Boise, was sworn by the attorney. Tealy: We're a little bit confused on the issue whether this is for the subdivision or the annexation and zoning. I believe it's for the annexation and zoning, is that correct? Kingsford: That is correct. Tealy: We are asking for this parcel to be annexed at an R-8 zone. I'd like to read the definition of an R-8 Zone: R-8 Medium Residential District, the purpose of the R-8 district is to permit the establishment of single and two family dwellings at a density not exceeding 8 dwelling units per acre. What we're here to discuss is the condition that has been placed on the annexation that no duplexes/townhouses be allowed in this development. The reason that the Planning & Zoning indicated that they didn't want any duplexes or two family dwellings, even though it's an allowed use in the zone, is that they hadn't allowed that in the surrounding developments. We feel we're a little different than the surrounding developments (explained on map - see tape) We are building a Collector Street up through our subdivision. Explained on map where townhouses would be located. Neighborhoods are comprised of more than just single family development. There should be a mix of use in a neighborhood. You have to have a little bit of variety to market. Dixie Lane would be used as an emergency access. Any questions? Tolsma: Planning and Zoning had an R-8 designation on the ground but they did put in there that there were to be no duplexes allowed. One thing they omitted in there was a 1350 sq. foot minimum on houses. Tealy: We don't want a duplex rental type situation, these are single family private ownership homes. We felt this was the best way to develop this property, they then did put a condition on our annexation that nay duplexes be allowed. Kingsford: Since you've got twelve lots there and your talking about townhouses, it seems to me that if its a single ownership that you'd need to have then 24 and have those lots called out by that if your going to have ownership on each side of that. y 4 MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 18 Tealy: I believe Mr. address that. Leader, the owner of the property should David Leader, 110 Parkway, Hoise, was sworn by the attorney. Leader: My understand with the R-8 zone is you could have percentages from 1000 sq. feet up. What we were proposing was the 1100-1200 sq. ft. would be allowed only in this most southerly area that backs up to the Shoshoni property. We were proposing no homes less than 1100 sq. feet in the subdivision other than in the townhouse culdesac there where we would allow 1000 sq. feet or larger. Again that was part of the reasoning behind having the townhouses there and you'll notice the duplex culdesac we have an elongated culdesac with center parking to allow more parking and landscaping in the center. We have an entry island on that to try and add some character to that culdesac. The culdesacs that are furthest to the east here would be a minimum of 1500 sq. feet. (explained further on map - see tape) - Again what we're trying to do is get some mix. We would prefer that this subdivision not be like every other subdivision. Tolsma: Planning and Zoning mentioned that the minimum square footage in there, even though they didn't put it in their Findings, was 1350 square feet with an R-8 zone. As far as an R- 8 zone, I wouldn't approve an R-8 zone if it's not 1350 square feet. I don't like R-8 zones. Leader: We have a difference of opinion. I feel that we need that flexibility to meet needs of buyers. (Further - see tape) Cowie: I agree with Mr. Tolsma's comments. We've got enough R- 8' s here. Leader: Explained on map square foot ages on lots - see tape. Kingsford: Thank you. Anyone else to testify? Don Bryan, 2070 N. Locust Grove, was sworn by the attorney. Bryan: I'm not opposed but have concerns about main feeder irrigation access. Drew example for Council and explained where ditch runs. It's my understanding that any ditch adjacent to a future development must be tiled. The argument that I've heard from the developer is that it's to far away from the fence to be • ~ • MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 20 U Yerrington: Did this ditch ever service water to this area? Tealy: No it didn't. What happens at that headgate we're talking about is it splits three different ways. Crookston: If the right of way is not adjacent or contiguous our ordinances don't apply to it. Giesler: What will happen to his headgate when the other property develops? Kingsford: Can't separate the water from the land, it's got to be maintained. Giesler: So that headgate will remain there all the time. Kingsford: How many people use that? Bryan: Two. Kingsford: Thank you. I will close the public hearing. Discussion Held - see tape. The Motion was made by Corrie and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law with the addition that the minimum square footage of the homes will be 1350 sq. feet minimum. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to instruct attorney to prepare Ordinance for annexation and zoning. Motion Carried: All Yea: ITEM #9: DEPARTMENT REPORTS: Wayne Forrey: Just to remind you that on Friday at 10:00 A. M., here at City Hall there will be a progress meeting with the Contractor and property owners and representatives of the Downtown Committee on the Phase II Construction. Kingsford: Thank you. r ~ • ~~ ANiVEXATION & ZONING REQUEST DAVID T F.AI~~ COMMENTS 1: Ada County Highways See Attached: 2: Central Distral Health: Can approve with central water & sewer: 3: School District: See attached letter: 4: City Engineer: See attached cce~¢nents: 5: Fire Dept: These are small lots, need to work out other roads in & out of subdivision: 6: Police Dept: No Objections. 7: Public Hearing held .before the P & Z Con~¢ni.ssion n January 12, 1993; Commission instructed Attorney to prepare findings; 8: At planning & zoning commission meeting held February 9, 1993, Findings approved and Com[ni.ssion remanded that the City Council approve this request; COPY OF FINDINGS ATTACHED: • INTER-DEPARTMENT CORRESPONDENCE MERIDAAX/DSTECH 1 -ti-93 TO: ACHD Commission DATE: January 4, 1993 FROM : Development Services SUBJECT: MERIDIAN -ANNEXATION Dixie N/O Fairview R-8 (David Leader, 110 Parkway, Boise, ID 83706 ) FACTS & FINDINGS 1. David Leader is requesting annexation of 23.67 acres of property into the City of Meridian with a zoning of R-8. The parcel is located at the north end of Dixie Lane (a private street) which connects to the north side of Fairview Avenue approximately one-quarter mile east of Locust Grove Road . 2. This parcel has no access or frontage on a public street at this time. 3. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on January 12, 1993. The following comments are provided to Meridian Planning & Zoning for con- sideration and public review. COMMENTS: The District will review any development of subject parcel when a specific site plan is submitted. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: JAN 0 G 1993 Larry Sale A.C.H.D. - E:I'vU. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary . ~ ; _ o.ov ~va • a.ou nova - .._ -- d c ..__ ,~ ~ I I ;.. _-_ ._` ' `• 3er o ~ ~~- s w M ~4 • ^ ~ W ~ ~ ~g ~ - 10 71tIC 'I ' i ~ i ~. awora ...~ _ ~~ ~+ouo ismo~ ~ \I -.i 1 Z O t~ J ~^ L °~ Z ~~ ~2 Q ~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley O~ EXCEL • DEPUTY SUPERINTENDENT <<t- Dan Mabe, Finance & Administration tin DIRECTORS /~FC~i~ ~ Jim Carberry, Secondary t ~_ Christine Donnell, Personnel Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 December il, 1992 Meridian Planning & Zoning 33 East Idaho Meridian, Idaho 83642 Re: Request for Annexation & Zoning of Proposed Cheri Meadows Subdivision Dear Commissioners: additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. I have reviewed the request for Annexation & Zoning of proposed Cheri Meadows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, h Dan Mabe, Deputy Superintendent DM:gr OFFICIALS JACK NIEMANN, City Cierk JANICE (iASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE d. CROOKSTON, JR., Attorney EARL WARD, Waste WeterSupt. KENNY BOWERS, Fire Chief SILL t30RDON, Police Chief t3ARY SMITH, City Engineer MEMORANDUM • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor T0: MAYOR, CITY COUNCIL, PLANNING & ZONING FROM : GARY D. SMITH, P. E. RE : RODMAN & LEADER _I?,..RB ~~~~ t An n e x at i on a~°'Z`o n~i n g ;~. 'R-=1~-~. ;~a,. ~~°~`~ I have reviewed::°t:~ submittal and have for your information ~ sao process: sx ~~" 1. Tha~s ,grope is ad ace~t bo ~3~der~ r~~ ~ r<~ ,e x ~~~~ SAS tCapit _ i _ _ , ~U :~ 2. A ~~" d i of ~airvi r ain`~ exists sv h of~~h:";s ,_~_~ COUNCILMEN RONALD R. TOLSMA ROBERT OIESLER MAX YERRINOTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI January 8, 1993 'th:ez following comments rv±x{during the hearing ~<. ,,existing City limit der City Ordinance No. along the north side pr.aperty. 3. Prelim~,nary meetings with the engineer for this developm:e indicates sewer s~ryi,->~,e will be from a line to be ~~~tend along ~'ar~rvewr"Ave. from the Idaho Athletic µ ~G"~~,u~~o Dixie 'Lan~~~ and then north on Dixie Lane ~ '~ ~`" 4. Reportedly access will be from the Capital Christian Church property to the east and the Stenberg property to the west. At the time of development plan submittal consideration should be given to improving Dixie Lane to a public street. r r ~ 1 ~ ~ • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION DAVID LEADER and JERRY P. RODMAN ANNE%ATION AND ZONING A PORTION OF THE SE 1/4 OF THE SW 14 OF SECTION 5, T.3 N., R.1 E., B.M. MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF .LAW The above entitled annexation and zoning application having come on for consideration on January 12, 1992, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant, Dave Leader, appearing in person and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 12, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 12, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 ~' ` ~ • reference is incorporated herein; that the property is approximately 23.67 acres in size; it is north of Fairview Avenue, East of Locust Grove Road, and is adjacent to Dixie Lane. 3. That the property is presently zoned by the county as R- T (Rural Transition); that the Applicant requests that the property be zoned R-8 and stated that the use proposed would be for R-8 Residential development. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant, Jerry P. Rodman, is the owner of record of the property and he has requested this annexation and zoning. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground requested to be annexed is included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is in or near the area designated in the Meridian Comprehensive Plan, Policy Diagram, as the NORTH CURVE, a Neighborhood; that it is difficult to tell where the NORTH CURVE Neighborhood ends and the Rural Residential Reserve adjacent thereto begins, as shown on the Meridian Policy Diagram on page 7 of the Comprehensive Plan; that Meridian has allowed a prior planned unit development east of the subject property; additionally there is property north of the subject property that FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 • has been allowed to be developed as R-8 Residential which might be in the Residential Reserve Area adjacent to the North Curve Neighborhood. 9. As found above, the Application requested that the parcel be annexed and zoned R-8. The applicant has indicated that the intended development of the property is for an R-8 subdivision. 10. There weze two people from the public testifying on the application; that one person's concern was over the use of Dixie Lane and the other person's concern was over access to his irrigation facilities and as to the use of Dixie Lane; they were not objecting to the application itself but were concerned over water for irrigation and traffic and use of Dixie Lane. 11. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity -until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 12. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 13. That the property can be physically serviced with City water and sewer. 14. Ada County Highway District, the Meridian Fire Department, Central District Health Department, and Meridian City Engineer submitted comments and such shall be incorporated herein FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 ~ ~ as if set forth in full. 16. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: 2. (R-81 Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of ~3ingle and two ( 2 ) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 17. That the rightful and lawful use of Dixie Lane was not shown. 18. That there have been other subdivisions in the area that have been zoned R-8 but have had a condition, on annexation, that no duplexes be constructed within the subdivision. 19. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 5U-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 • the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application under Idaho Code, Section 50- 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things_of which it can take judicial notice. 4. That all-notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, owner of the property, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and the Meridian Comprehensive Plan; that since the property is included in the NORTH CURVE Neighborhood, or is adjacent thereto, and the City has approved other residential development in similar positions as the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 ~ ~ present land, it is concluded that the application is in conformance with the Meridian Comprehensive Plan. 10. That the property shall be subject to Site Planning Review and the Subdivision and Development Ordinance. 11. That the lawful and rightful use of Dixie Lane shall be established by the Applicant and/or the subject property and such shall be provided to the City prior to any final action. 12. That all ditches, canals, and waterways shall have to be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 13. That the requirements of the irrigation district, Ada County Highway District, and City Engineer shall be met. 14. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 15. Therefore, based on the Application, the testimony and evidence, the Meridian Comprehensive Plan, the above Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed. 16. The conditions shall be those stated above, that the Applicant meet the Subdivision and Development Ordinances, and any other conditions to be explored and established at the City Council level; that as with other R-8 developments in the area, an additional condition is that there shall be no duplexes constructed in any subdivision developed on the land. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECONII~ENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions of Law for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicants be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of ,the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Finds and Conclusions and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 • MERIDIAN PLANNING & ZONING FEBRUARY 9, 1993 PAGE S The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny or table the application until a Comprehensive Plan amendment is approve which would allow the zoning requested by the applicant. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: REQUEST FOR REZONE FROM LO TO R-8 BY B & W INC.: Johnson: I will now open the Public Hearing and invite a representative to speak first. Dan Torfin, 955~D Bethel Court, Boise, was sworn by the attorney. Torfin: This request is to rezone a portion of the Danbury Fair Subdivision from LO to R-8. It's the southerly 110 feet of Lots 1 & 2 of Block 1 & 2 of the Danbury Fair Subdivision. That final plat has been 'recorded. I think it was an oversight that we did not have that rezoned at the time of approval of the preliminary and final plat so we are seeking to clean that up at this time. Rountree: Did I understand you correctly that that is the way it was platted when submitted and your just requesting for the rezone to accommodate that. Torfin: Yes. Rountree: You've seen the comments from ACRD? Torfin: Yes I have. I believe that we've already stipulated those conditions on the final plat. Johnson: Thank you. Anyone else to testify? No response. I will close the Public Hearing. The Motion was made by Shearer and seconded by Rountree to have the attorney prepare Findings of Fact and Conclusions of Law indicating approval. Motion Carried: All Yea: Sett 1~ra irr. DIAL. 3431B4s E'.pJii ~~i, 1 1 ~..Li~l~~ ~~1-pti.?~ 1 N~.II V Q1~ 4 I'IiWT Q.Q. ~K ~'f '~ ~~~". ~~ ~~`,~ ~~ Pf~t^It"' blind f$X 1rF~cltittal YYtBmQ 76CT~ ~ r'~p~r Y~ .; Fatlt~ty ~„ 1993 ~,~ ~~3 - w~'~ ~ < ~~~~~~ 33 F ~d~ha ~,~deha 83642 ~E~Il~A~Y TsLl1Tt ~ rel~'fiVB ~IJBI~Iti+'tSItl1V` To t ~ 1V~ty C+~ern: Sew iaa h~ ri~ th~i p ~vr ~ aba+ue ~ Cott, the of the man #t $~ cif the ~~4 ~ iIt ' Int. Th-e pawn o~the I~bdiv~s~on ~ h: the N ~d ~~ ~.~ ~ you krnow~ the play o#'the Setdans ~ ~t ~ +an d~ ~~Y ha wed h~ ~vv daps~ta fa ~ I1ct so rfdet the ~bor anaq be aoaeeeed b`y t~ hameowe~c~. ~y+aa~t ~w aa;Y Qom, Pty F sore ~ ~43~-5Z7~. ce: Nernpa & A~~ ~ Ddat AMENDED ORDINANCE NO. 598 V 1 ~1 r " j ~ r ~ t G~/1/` S'~~ G-t~ AN AMENDED ORDINANCE. OF THE CITY OF MERIDIAN ANNE G-;AND ZONING.- CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PAR~7u t ~AND~~i,+Y3NG ' 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 COUNTx.,...---.IDAHO; -AND - PROVIDING AN EFFECTIVE DATE. ~~~'~~ - ~ ~ "`' ~^ WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land lying in a portion of the SE 1/4 of the SW 1/4 of Section 5, T. 3N., R. lE., 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°26'55" 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 0°26'55" 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°49'00" 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 0°27'20" 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°59'01" 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 0°27'20" 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°59'05" 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 • _ y • • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION I G. ~ L t"! DO 1~IS sU~ y 1510 ~..J (PROPOSED NAME OF SUBDIVISION) S u1 ~/4 SP~~-r't o ,.~ S T~~J . 1z.. I~ g.rrl,, ,aoa. Cou-nfY ,; t.l~q~, (GENERAL LOCA ION) . (LEGAL DE~C'RIPTION - ATTACH I J ~ ~ .J 3~5 - ? o (OWNER( ) OF RECORD) (NAME) (TELEPHONE N0.) SI~o~~ts ~tL~ ~s~ .83-0-.~~ (ADDRESS) ~Aaf t ~ l.~•D~.tZ ~ -$200 (APPLICANT) (NAME) (TELEPHONE N0.) Ind P~r~W.a.~t ~is~ ~t~+-~ 83~0~ (ADDRESS) (ENGINEER, SURVEYOR L R') ( NAME ) ~j22."~3~1Y (TELEPHONE N0.) ~ 550 ~iv~ 1-e~~,/~f--- ~is~~~~m~ $3fi~ ~ (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SU DIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) '~'~ °~ ~.t*i~ ACRES OF LAND IN CONTIGUOUS OWNERSHIP. ' (ACCEPTED BY:) (FEE) N December 10, 1992 Mr. Jack Niemann City Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: David Leader Annexation Request Dear Mr. Niemann, I hereby grant my permission to David Leader to submit a request for the annexation of my property, located on the east side of Dixie Lane into the Corporate Limits of the City of Meridian. The subject property is more particularly described in the attached Exhibit A. I also grant my permission to have the subject property zoned R-8. Jerry P Rodman Acknowledgement State of Idaho ss County of Ada ) On this ~~` day of 1992 personally appeared ~ ~ o a known or identified to me to be;the person whose name is subsc 'bed to the within instrument and w~o`4~(~p®~cl,~edged ~o me that he executed the same. 1 ,,vo~,~ ~~~ ,~, ~~~ ~ ~~ ~ J s ', r Notary ub is for Idaho .~~®`` ~,~ Residing in Bois ,Idaho. My b~b~ ' 514. Itr ~ ~: ~ Y.~`' . 0 r ~V~ 'tP\ ~< y ~ ~X~I~~~ ~ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 Project No. 92168 DESCRIPTION FOR ANNEXATION TO THE CITY OF MERIDIAN LEADERS -MERIDIAN PROPERTY A PORTION OF THE SE1/4 SWi/4, SECTION 5, ADA COUNTY, IDAHO 12/8/92 A parcel of land lying in a portion of the SE1/4 of the SW1/4 of Section 5, T.3N., R.1 E., 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 SW1/4 of Section 5 to a point marking the Southwest corner of the said SE1/4 of the SWi/4 of Section 5; thence North 0°26'55" East 824.01 feet along the Westerly boundary of the said SE1/4 of the SWi/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 0°26'55" East 492.46 feet along the said Westerly boundary of the SE1/4 of the SW1/4 of Section 5 to a point marking the Northwest corner of the said SEi/4 of the SW1/4 of Section 5; thence South 89°49'00" East 1,326.45 feet along the Northerly boundary of the said SE1/4 of the SW1/4 of Section 5 to a point marking the Northeast corner of the said SE1/4 of the SW1/4 of Section 5; thence South 0°27'20" West 868.60 feet along the Easterly boundary of the said SE1/4 of the SW1/4 of Section 5 to a point; thence North 89°59'01" West 580.00 feet along a line Northerly of and parallel with the said Southerly boundary of the SW1/4 of Section 5 to a point; 208/322-8992 ^ Fax 208/378-0329 Annex. -Leader's Meridian Property Page 1 of 2 w • ~' - ~ ~ • Project No. 92168 i 2/8/92 thence South 0°27'20" West 49.02 feet along a line Westerly of and parallel with the said Easterly boundary of the SEi/4 of the SW1/4 of Section 5 to a point; thence North 59°59'05" West 858.07 feet to the point of beginning, comprising 23.67 acres (1,031,146 square feet), more or less. Prepared by: RUBBLE ENGINEERING, INC. Gary L. Rodenspiel, L.S. DAT/GLR/dkg/372.des NOTE: Survey data was compiled from data of record (Kearney Place, A Sub.) and calculated data and not from an actual field survey by Hubble Engineering, Inc. Annex. -Leader's Meridian Property Page 2 of 2 /G~ rN~ ~~ ~i URV RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 Project No. 92168 DESCRIPTION FOR ANNEXATION TO THE CITY OF MERIDIAN LEADERS -MERIDIAN PROPERTY A PORTION OF THE SE1/4 SWi/4, SECTION 5, ADA COUNTY, IDAHO 12/8/92 A parcel of land lying in a portion of the SE1/4 of the SW1/4 of Section 5, T.3N., R.1 E., 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 SWi/4 of Section 5 to a point marking the Southwest corner of the said SE1/4 of the SW1/4 of Section 5; thence North 0°26'55" East 824.01 feet along the Westerly boundary of the said SE1/4 of the SW1/4 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 0°26'55" East 492.46 feet along the said Westerly boundary of the SE1/4 of the SWi/4 of Section 5 to a point marking the Northwest corner of the said SE1/4 of the SWi/4 of Section 5; thence South 89°49'00" East 1,326.45 feet along the Northerly boundary of the said SE1/4 of the SW1/4 of Section 5 to a point marking the Northeast corner of the said SE1/4 of the SW1/4 of Section 5; thence South 0°27'20" West 868.60 feet along the Easterly boundary of the said SE1/4 of the SWi/4 of Section 5 to a point; thence North 89°59'01" West 580.00 feet along a line Northerly of and parallel with the said Southerly boundary of the SWi/4 of Section 5 to a point; 208/322-8992 ^ Fax 2081378-0329 Annex. -Leader's Meridian Property Page 1 of 2 s Project No. 92168 12/8/92 thence South 0°27'20" West 49.02 feet along a line Westerly of and parallel with the said Easterly boundary of the SE1/4 of the SW1/4 of Section 5 to a point; thence North 59°59'05" West 858.07 feet to the point of beginning, comprising 23.67 acres (1,031,146 square feet), more or less. Prepared by: RUBBLE ENGINEERING, INC. ia~ ~ ;~3 v `~.~L~9r'9 ~,~~ Cp ~. 'rye Gary L. Rodenspiel, L.S. DAT/GLR/dkg/372.des NOTE: Survey data was compiled from data of record (Kearney Place, A Sub.) and calculated data and not from an actual field survey by Hubble Engineering, Inc. Annex. -Leader's Meridian Property Page 2 of 2 i + Form Na 1342 (1882) ALTA Plain Langwga Commitment - The Title Insurance Commitment is a legal contract between you and the-company. 1t is issued _#o_.._ - show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE &1 -Requirements 3 SCHEDULE B-2 -Exceptions 4 CONDITIONS other side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Form No. 1343 (1082) ALTA Plaln Lanpuape Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under'this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A The Requirements in Schedule &1. The Exceptions in Schedule &2. The Conditions on the other side of this page 1. This Commitment Is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. m ~~; ~ e ~ ~~~~~~~~~~ ~= ~n r Q S C f i 6 /Y ~ C r li L h, ~ E y~ ,,~ ~ ~, es. F ~ a~' 1;tEi; '~ ~ 4. ~' get&~~~ ,b; nr•••..< °~t.~ ac p~~, .:., ;.,, ~,~,~ First American Title Insurance Company BY ~ PRESIDENT ATTEST ~Iq,((ww~.+ G. ) ~; 4~.Gw~~ SECRETARY BY /'`~, ~ COUNTERSIGNED i Page 1 1 FA-85642 Your No. RODMAN/LEADER TO: CC: 1. HERITAGE REALTY 110 PARKWAY DRIVE BOISE, ID ATTN: DAVE LEADER FIRST AMERICAN TITLE 7311 POTOMAC DRIVE BOISE, IDAHO ATTN: TINA SMITH Commitment Date: FIRST COIrIIrlITMENT SCHEDULE A CC: GENE YOUNGBERG November 16, 1992, AT 7:30 A.M. 2. Policy or Policies to be issued: Amount Fee (X) (a) Owner's Policy $284,000.00 $1,142.00 ALTA Form 1402-87 (4-6-90) Proposed Insured: DAVID E. LEADER ( ) (b) Loan Policy ALTA Form 1056-87 (4-6-90) Proposed Insured: ( ) (c) Endorsements 3. Fee simple interest in the land described in this Commitment is owned, at the Commitment Date by: JERRY P. RODMAN, a single man on January 3, 1978, the date of acquiring title 4. The land referred to in this Commitment is situated in the State of Idaho, County of Ada, and is described as follows: See attached Schedule C The records of the Ada County Tax Rolls disclose the above property address as: none available KC Page 1 FA-85642 Your No. RODMAN/LEADER SCHEDULE H - Section 1 REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (c) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. - (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) You must give the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3. Other Page 2 r r FA-85642 Your No. RODMAN/LEADER SCHEDULE H - Section 2 EXCEPTIONS Any Policy we issue will have the following exceptions unless they are take care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interest, or claims which are not -= shown by the public records but which could be -____ -- - ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. continued The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage Policy. Page 3 SCHEDULE B CONTINUED FA-85642 Your No. RODMAN/LEADER 7. General and Special Taxes for the year 1992, Amount $1_ 8.08, Code Area 242, A. P. No. S 1105-34-6600, a lien now ue and payable. 8. Liens, levies and assessments of the Nam a Meridian Irri ation D tract, and the rights, powers and eas sa strict as by law provided. NOTE: General taxes for 1991, in the .original amount of $180.02, Code Area 242, A. P. No. S 1105-34-6800, have been paid X11. - 9r Right, title and interest of DAVID SUHR,_as-disclosed by the ~' Assessors records. NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: Should you have any questions with regard to the items referred to on Schedule B, or need copies of said documents, please contact Kathy Cloepfil, Title Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC., an Idaho corporation, 7311 Potomac Drive, Boise, Idaho 83704, or call (208) 375-0700. HOWEVER, if you have any questions with regards to the closing please contact TINA SMITH at the above address and phone number. Page 4 FA-85642 Your No. RODMAN/LEADER SCHEDULE C The land referred to in this Commitment is situated in the State of Idaho, County of Ada, and is described as follows: a The Southeast quarter of the Southwest quarter of Section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada County Idaho. EXCEPTING THEREFROM a 10 foot strip of land on the Westerly boundary of the Southeast quarter of the Southwest quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, adjacent to existing roadway, said strip to be used as a roadway. ALSO EXCEPT THEREFROM, any portion lying within U. S: Highway 3fl. ALSO EXCEPT THEREFROM, ditch and road rights-of-way. ALSO EXCEPT THEREFROM, the following parcels A, B and C: PARCEL A Beginning at the Section corner common to Sections 5, 6, 7 and 8 in Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which corner is marked by a brass cap in Highway No. 30, and is 21.2 feet South of the center line of said Highway No. 30; thence North 89°34'30" East along the section line common to Sections 5 and 8 a distance of 1,326.70 feet; thence North 0°07' East 60.55 feet to the REAL POINT OF BEGINNING which REAL POINT OF BEGINNING is at an intersection of the Westerly boundary of the Southeast quarter of the Southwest quarter of Section 5, with the Northerly boundary of the right of way of Highway No. 30; thence South 89°58' East along the Northerly boundary of the right of way of Highway No. 30, a distance of 746.70 feet; thence North 0°02' East 338.1 feet to a steel stake; thence North 60°15' West 864.00 feet to an intersection with the Westerly boundary of the said Southeast quarter of the Southwest quarter; thence South 0°11' West along the Westerly boundary of said Southeast quarter of the Southwest quarter 763.2 feet to the REAL POINT OF BEGINNING. EXCEPT a strip 10 feet wide along the entire West side for Road purposes. continued Page 5 SCHEDULE C CONTINUED PARCEL B FA-85642 Your No. RODMAN/LEADER Beginning at the Southeast corner of the Southeast quarter of the Southwest quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian in Ada County, Idaho; thence West along the Section line a distance of 450 feet to a point, the REAL POINT OF BEGINNING; thence North parallel to the West section line a distance of 444 feet to a point; thence West parallel to the quarter section line a distance of 130 feet to a point; thence South parallel to the Easterly line a distance of 444 feet to a point on the Section line; thence East 130 feet to the REAL POINT OF BEGINNING. PARCEL C Beginning at the Southeast corner of the Southeast quarter of the Southwest quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian in Ada County, Idaho, being the REAL POINT OF BEGINNING; thence West 450 feet along the South boundary line of said Section 5 to a point; thence North 444 feet more or less, to a point; thence East 450 feet parallel to the South Section line to a point; thence South 444 feet more or less to the REAL POINT OF BEGINNING. Page 6 ' ~ ,~~~:` ~ ~ ~ .~ +~~i a _Rgy~ ,.~: p0 ~~o ~~ WhU~ tl~ b a p~eEo~rapMo man of tA~ ~'b~ ~aooed~dp44tr Ootnprg- a no War ~ hirltliom, ~an~r~ nIb a n~uv~: r .-y .. 'Y?tZ, q4 w~ - L.ra~Sl . vif'~1.,~ M, .. ' 4 a ,~ ,~ V-~~~. .,. ........ ... ................ ........... 1~~ ... ;lu wfo r _ ~~ 0 ~ ~ '~ - ._ 1~ ~: "~ ~ ~~ ..:. _ca,rrl ~nonicp PROPERTY OWNERS WITHIN 300 FEET LEADER'S ANNEXATION PROPERTY Norman Barker, P.O. Box 294, Volcano, California 95689 Richard Akerstrom, 2050 Dixie Lane, Meridian, Idaho 83642 Osborn Stenberg, 3600 Greenbriar, Boise, Idaho 83705 Turner Family Trust, c/o Northwest Prop. Mgmt, P.O. Box 7031, Boise, Idaho 83707 Sara Ewing, 1500 EI Dorado, Suite 4, Boise, Idaho 83704 Robert Packard, 761 Creekwood, McKinney, Texas 75069 Capitol Christian Center, 306 N. 14th St., Boise, Idaho 83702 Theodore Roy, 2043 Whittier Place, Meridian, ID 83642 James Spagnoletti, 2053 Whittier Place, Meridian, ID 83642 Robert Hall, 2048 Whittier Place, Meridian, ID 83642 Charles Wright, 2046 Whittier Place, Meridian, ID 83642 Robert Glen, 2604 N. Cole Road, Boise, Idaho 83704 Robert Koga, 1965 E. Oakcrest, Meridian, Idaho 83642 John Leavitt, 1985 E. Oakcrest, Meridian, Idaho 83642 Wade Miller, 2005 E. Oakcrest, Meridian, Idaho 83642 111.rpt ~~., z I l l .I I ~I I I ~I I I I I I I I I I ~ I U] H H I I I I I I Q ~ - O ~ ~ 'U -d d k ~ ~ n [=1 3 ~ S H H ,b~/1 CrJ d H ~ H f~ ~ ~ 4 I-I ~ s o z ~ H ~ GJ ~H ~ C7 - ~ 7 -~ H G 'U G7 H H ~A ~ H e~ ~ O H ~ H J-1 ~ CCG77 ~ •H d Q ; ;:J : ~ 7 ~7 O 'S N~ z ~"+ ~ K H~ Z 3 r d~~ H idi ~ ~ - .~. H H H O .~. ~ - K ~ 3 ~ N ~ ~, ~ ~ y •• -_ ~b ~~ - __ ^ O H zO ~ro ~ ~ O ~ ~r1 J ~ ~ - CA ~ ~ ~~ ~ H H H `~ ~ H = O O ~ ~ H ~ _ - ~ ~ v `' d C~.~ ~ ~ a - _ ~ C] d ~ 1 ~ ~ ro a ~ ~ ~ ~ v ~ - ~ N' d ~ ~ ~ .. W ~ O z • N o ~~ ~~~ ~ o ~ ~ ~ a~ O ~ Q~ ~ ~~ H ~ ~ H M~"oo `n H w~' O to ~ r., ~ w ~ ~ ~ H . .z ~ . ~ ~ ~~ ~ ~ ~ ~ H ~ O sr y ~ ~j ° ~ N N ~a ~ •• W (~ ~ H ~ ~C v ~ G7 W .. ~ ~'' W ~ ~ ~ ~ ~ `~ ~ ~ ~ o • • '`'~ `N RUBBLE ENGINEERING, INC. ~,y ~~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 O SURV~y~ December 10, 1992 Mr. Jack Niemann City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: David Leader Annexation Request Dear Mr. Niemann, The attached application contains a request for approval of annexation of 23.67 acres, located on the east side of Dixie Lane, into the corporate limits of the City of Meridian, (Please reference the attached property description). The subject property is used for agricultural proposes and is zoned RT in Ada County. We are asking for R-8 zoning with our annexation request for the purpose of creating a new residential subdivision. This property is located in an area that has been designated for urban expansion relative to residential development. The proposed subdivision will be connected to the City of Meridian's central sewer and domestic water systems. Thank you for your time and consideration. Please call if you have any questions. incerely, J ~ Daniel A. To it Project Manage RUBBLE ENGI ING, INC. DAT/dkg/515.Itr • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, January 12, 1993, for the purpose of reviewing and considering the Application of DAVID LEADER and JERRY P. RODMAN, for annexation and zoning of approximately 23.67 acres for a parcel of land located in the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, generally located North of Fairview East of Dixie Lane. That the Applicant requests annexation with zoning of R-8 Residential. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at sated public hearing and the public is welcome and invited to submit testimony. DATED this~~~day of December, 1992. NIEMANN,/CITY CLERK i MERIDIAN PLANNING & ZONING FEBRUARY 9, 1993 PAGE 4 Motion Carried: All Yea: • Crookston: Returning to position, Riddlemoser stepping down. ITEM #5: FINDINGS OF FACT ON REQUEST FOR ANNEXATION AND ZONING BY DAVE LEADER: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - yea; Rountree - Yea; Shearer - Yea; Alidjani - Vea; Motion Carried: All yea: The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions of Law for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicants be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Finds and Conclusions and that if the conditions are not met that the property be de-annexed. Motion Carried: All Yea: ITEM #6: FINDINGS OF FACT ON REQUEST FOR ANNEXATION AND ZONING W/CONDITIONAL USE PERMIT BY WESTSIDE BIBLE CHURCH & DENNIS HICKS: The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - yea; Motion Carried: All Yea: • • MERIDIAN PLANNING & ZONING JANUARY 12, 1993 PAGE 22 Raleigh Hawe, 530 Blue Heron Lane, was sworn by the attorney. Hawe: I own a piece of property that is east of this complex being proposed right now and I have several reservations about this particular unit. I don't have any objections to the type of use that is being set forth. The problems that I have with it are the roads and the access that serve this particular piece of property also additional traffic. (Further explanation - see tape ) Johnson: Thank you. This foot traffic that you mentioned, are their other access and they just use that for convenience sake or what's your feeling on that? Hawe: Kids are going to be moving through these areas, they did migrate to that corner, they did run the school buses through on my private road, I'm not sure that they are supposed to be doing that but they are. It is fine as far as I'm concerned because of the safety of the kids. There are sidewalks within the units themselves but I don't believe there's even a curb on the north side of this particular road. Johnson: Anyone else to testify? No response. I will close the public hearing. The Motion was made by Shearer and seconded by Rountree to have the attorney prepare Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING, DAVE LEADER, CHERI MEADOWS: Johnson: I will open the public hearing. Is there a representative present to testify? Dave Leader, 110 Parkway Drive in Boise, was sworn by the attorney. Leader: I am the applicant on this rezoning and annexation request. The site is adjoined by the City of Meridian on the east boundary. That property is presently zoned with an L-0 zone and a PUD overlay. The surrounding property I believe the rest of it is still in the County and is zoned R-T as is this subject property we're talking about. I believe the request for i • MERIDIAN PLANNING & ZONING JANUARY 12, 1993 PAGE 24 Johnson: Thank you. Anyone else to testify? Don Bryan, 2070 N. Locust Grove, was .sworn by the attorney. Bryan: There's a -few problems I' m going to have. Number one is the way this subdivision is platted and it shows all the lots backed up along this fence line, now my headgate is located in this corner. The ditch comes down this property and my headgate separates the water going to the south and going down to my property down here. My access to that headgate is down Dixie Lane. That's a concern how are they going to deal with that irrigation situation? Are they going to put fencing along the ditch to keep kids out of it? Clerk Niemann: If it's along the fence line then they will have to the it. Bryan: I'm real uncomfortable with Dixie Lane. It is my understanding that that lane is designated owned by the property owners that dwell on that street. I believe if they do research that they own that lane and their the ones that control the access. That' s al l I have. Johnson: Thank you. Anyone else to testify? No response. I will close the public hearing. Discussion tSee tape) The Motion was made by Rountree and seconded by Shearer to have the attorney prepare Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/CONDITIONAL USE PERMIT BY WEST SIDE BIBLE CHAPEL 8 DENNIS HICKS: Johnson: I will now open the public hearing. Is there a representative present? Jim Boyd, 9272 Sholan Ave., Boise, was sworn by the attorney. Boyd: I'm speaking on behalf of West Side Bible Chapel and Dennis Hicks on their request for annexation and the conditional use for the West Side Bible Chapel. • COMMENT S 1: Ada County Highway: See Attached: ANiVEXATI~I & ZONING REQUEST DAVID LEADER 2: Central Distral Health: Can approve with central water & sewer: 3: School District: See attached letter: 4: City Engineer: See attached comments: 5: Fire Dept: These are small lots, need to work out other roads in & out of subdivision: 6: Police Dept: No Objections. C~ • INTER-DEPARTMENT CORRESPONDENCE MERIDANX/DSTECH 1-6-93 TO: ACHD Commission DATE: January 4, 1993 FROM: Development Services SUBJECT: MERIDIAN -ANNEXATION Dixie N/O Fairview R-8 (David Leader, 110 Parkway, Boise, ID 83706) FACTS & FINDINGS: 1. David Leader is requesting annexation of 23.67 acres of property into the City of Meridian with a zoning of R-8. The parcel is located at the north end of Dixie Lane (a private street) which connects to the north side of Fairview Avenue approximately one-quarter mile east of Locust Grove Road. 2. This parcel has no access or frontage on a public street at this time. 3. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on January 12, 1993. The following comments are provided to Meridian Planning & Zoning for con- sideration and public review. COMMENTS: The District will review any development of subject parcel when a specific site plan is submitted. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: JAN 0 G 1993 A.C.H.D. - ~I'vu. • ada county highway district 318 East 37th • Boise, Idaho 83714 ~ Phone (208) 345-7680 CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary • • O.u. ~ia.a ~.otl ~m.~ - .._ -- i i• b 31~9MUe _~ t.~ • ~ `• 71V 30 M o ® ~ q ` i I !I I i i• Z O s~ ~~ ~ ~! Lz ~ Z ~~ ~~ 11A0Y0 ,.~ ~~odo tsnoo~ • mT m I I I . ~ . I I I ~.... i fir.. I; I: a I: ~r- \I i h - ~ - -* --- ~ - - ---- ------ - • ~ SUPERINTENDENT OF SCHOOLS Bob L. Haley ~~a EXCEL` DEPUTY SUPERINTENDENT ~ Dan Mabe, Finance 8~ Administration (~ Z DIRECTORS 2 ~~~\~~~ 1 ,~ Jim Carberry, Secondary ~ ~°A~ Christine Donnell, Personnel ,Q Darlene Fulwood, Elementary ~ Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAH083642 PHONE (208)888-6701 December 11, 1992 Meridian Planning & Zoning 33 East Idaho Meridian, Idaho 83642 Re: Request for Annexation & Zoning of Proposed Cheri Meadows Subdivision Dear Commissioners: I have reviewed the request for Annexation & Zoning of proposed Cheri Meadows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, ~r~,J~_ Dan Mabe, Deputy Superintendent DM:gr OFFICIALS JACK NIEMANN, Clty Clerk JANICE LASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor T0: MAYOR, CITY COUNCIL, PLANNING & ZONING FROM: GARY D. SMITH, P. E. RE : RODMAN & LEADER ~..~G;PE~~ ~~~„~~ t An n e x at i on ,dam ~"'Z"o n g ~ R ~'~.,,~, ~~~. w`~,,~ ~~..~. .,max COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 8 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI January 6, 1993 ~~`t~ Wyk=t I have reviewe~~'~ submittal and have~~°t:~ts~ following comments ,~. for your inf~,rma~u_ion s~~d~a~~on during the hearing process : $'~~ :~ ,~ ~ 1. Th~,~~~ prop is ad ac ~ t exiting City limit bo~rc~~t~~°~";~s ~ ~ rv. ~ Y ~u~n~~~^ ~'ity Ordinance No. 58~tCapit~ i ; X z ~, 2. A 1 di rv, wa r airy exsts along the north side of ~<.airvie he s h of .:~hts pr,~~perty. '~x. 3. Preli~n~nary meetings with ~~he yr`t.~ngineer for this develo'pner indicates sewer sr~C~+ will be from a line to be 'rtend. along arvi~'wxrf~tAve. from the Idaho Athletic "~~~- o ~xie '.~n~~w~and then north on Dixie Lane . '''°~~:_ ~ ~~ :°'~""w 4. Reportedly access will be from the Capitol Christian Church property to the east and the Stenberg property to the west. At the time of development plan submittal consideration should be given to improving Dixie Lane to a public street. ~_ REVIEW SHEET CENTRAL • • DISTRICT C HEALTH DEPARTMENT Return to: ^ Boise ^ Eagle ^ Garden City [~Aeridian ^ Kuna ^ Acz Rezone # ~~~X~~®O`~ ~ ~~~i~~ Conditional Use # Preliminary/FinaVShort Plat ~Q ~M,9-a~ s~ne'~ / ,cam ~ ~ 1. We have no objections to this pr~pes~l. ~~~~~-,s`: ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic 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. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ^ Central water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ^ Central water ^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan resew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ 13. ^ Child Care Center DATE: ~ l7/~~- Reviewed by /per yu CDHD 10-91 rcb C~7 f'1 U~ y H i O r r Kg v k ~ ~ F~ ~ 15.7 N • C!J ~ I I. I (~I I I I F-1 3 M UI (7 ~ v ~ ~ ~ •~ ~ qH C ~ O HZ,~O~'' ~ ~ ~ ~' i--i H i~ ~ F'°~ N CrJ° r C] m ud c _ ~ O ~ b rC -H H 3y ~A CrJ O N ~ H f'1 n] O ~~ U ~ CrJ F-J C N .~.~ b7 •N•~ ~ M 'F-I U] ~ [Cs~7 ~„~ n :2 r t-+ ~ ~ H ~C - -8~~~~ ~.=08 ~ ~ 2 ~ ~ L=J 2 ~ ~ O C+~ ~ O '~ H 4 b R~ H O ~ • H ~ R+ 2 0O b r 3 ~ iii ~ :_ ~ 3 • ~ ~ H •• _. ~ b r • ~ - O iii H ~ ~ ~ - O H 'fib - 3 H ~ C ~ H - N ~ O O K K ~ ~. -- a y -V Y H v ® ®~ ~- ~ ~ ® ~ ~ _~ ~' ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,~ ~~ ~ ~ ~ ~~ ,, ~ ~ ~ ~ ~ ~ d1 • Illilll Q H ~ H ~~ 4 3 ~ 3 ~0~ 3 r ~ 4 ~ ~ V] ~~ ~ O ~ ~ 2 d G] ro u~ .. :4 G7 N ~z{ N ~~ ~--~ t0 W L!1 ~Q Z O C1 ~ O ~ ~ ~ ~ Z ~ ~ ~~ A~ ~ ~ •• ~y+ cn ,gyp iC ~ H fC ~ ~ ~ N H ~ H [rJ ~ ~ ~ N ~ ~ r~~ W ~ ~ ~~ ~ ~ o z ro ~ o ~ c N ~ ~ ~ .. w~ ~ ~ ~ ~r .. ~ ~, o ~~ U 3 N b r d N 2'~ N O~ ro c~ w w H _~ K, !r - -~ ~ K ~° r n o ~ ~ ~ -v o ~ v ~ c~ ~, H ~ ~ v ~ - ~ ~ ~ ~ ~ ~ H n . r ~~ ~ H ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~-zrS~~~ -y8 ~ ~ z nnN~ .. -. _ _ 2 3 r v~~ H N N y H~~ y •- H ~ 04 U ~ 3 ~ ~ ~ ~ N ~' ~ v v ~ H ~ 3 iii t~A ~ ~ 3 ~ ~ ~ ~ H .. ~ ~ ~ ~ b ~ ~ _ t~1 ~ G ~ H ~ GO H ~. ~ O y - E 3 H ~- r ~ ~ ~ ~ _. v ~~ ~~` ~~ Q v G V ~ . O ~ ~ ~~-• - rn - - (v~ ~ ! N K H ~o y N "yi • ~ v v O H H x v I~ H n ~ H N~70D rr • ~ H O A~ F~ H ~3 .z L=J 3 O CrJ ~7 H CJ 4 3 3 ~ 3 O N v ~ ~ ~ ~ CrJ 3 ~ ~ ~ ~ ~ z N Fi ~ ~ pp N O ~~ 0 '~ c N W J •• d ro R'~ N N ~ r n ~ W H r 700 •~ a H H N G7 N r •• d N N N l0 N FNS '!r ro W W H L r oc~nV~ CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary January 7, 1993 TO: David Leader 110 Parkway Boise ID 83706 FROM: Larry Sale, Supervisor De 1 merit Services SUBJECT: M ID EXATION DIXIE N/O FAIRVIEW R-8 Your application for the above referenced project was approved by the Commissioners of the Ada County Highway District on January 6, 1993. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron Meridian City Hall ada county highway district 318 East 37th ~ Boise, Idaho 83714 • Phone (208j 345-7680 C~ v INTER-DEPARTMENT CORRESPONDENCE CHARLES L. WINDER, President MERIDAAX/D3TECH JAMES E. BRUCE, Vice President i-ES-9a GLENN J. RHODES, Secretary TO: ACHD Commission DATE: January 4, 1993 FROM: Development Services SUBJECT: MERIDIAN -ANNEXATION Dixie N/O Fairview R-8 (David Leader, 110 Parkway, Boise, ID 83706) FACTS & FINDINGS: 1. David Leader is requesting annexation of 23.67 acres of property into the City of Meridian with a zoning of R-8. The parcel is located at the north end of Dixie Lane (a private street) which connects to the north side of Fairview Avenue approximately one-quarter mile east of Locust Grove Road. 2. This parcel has no access or frontage on a public street at this time. 3. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on January 12, 1993. The following comments are provided to Meridian Planning & Zoning for con- sideration and public review . COMMENTS: The District will review any development of subject parcel when a specific site plan is submitted . STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: JAN Os 1993 tnue. ...... -_ ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 wor O s sC !~t ~ '~S ~.i1 "" ~ ~ Z ~~ .~ MERIDIAN PLANNING & ZONING FEBRUARY 9, 1993 PAGE 4 Motion Carried: All Yea: L~ Crookston: Returning to position, Riddlemoser stepping down. ITEM #5: FINDINGS OF FACT ON REQUEST FOR ANNEXATION AND ZONING BY DAVE LEADER: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All yea: The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions of Law for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicants be specifically required to the all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Finds and Conclusions and that if the conditions are not met that the property be de-annexed. Motion Carried: All Yea: ITEM #6: FINDINGS OF FACT ON REQUEST FOR ANNEXATION AND ZONING W/CONDITIONAL USE PERMIT BY WESTSIDE BIBLE CHURCH & DENNIS HICKS: The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Alidjani - yea; Rountree - Yea; Shearer - Yea; Motion Carried: All Yea: NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, March 16, 1993, for the purpose of reviewing and considering the Application of DAVID LEADER and JERRY P. RODMAN, for annexation and zoning of approximately 23.67 acres for a parcel of land located in the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, generally located North of Fairview East of Dixie Lane. That the Applicant requests annexation with zoning of R-8 Residential. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this~d.ay of February, 1993. JACK MANN, CITY CLERK