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1988 09-06I. A G E N D A MERIDIAN CITY COUNCIL SEPTEMBER 6, 1988 ITEM: MINUTES OF THE PREVIOUS MEETING HELD AUGUST 16, 1988: (APPROVED) 1: FINDINGS OF FACT & CONCLUSIONS ON AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCES: (APPROVED) 2: ORDINANCE # 496: AMENDING THE ZONING ORDINANCE: (APPROVED) 3: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY JOINT SCH60L DISTRICT: 4: ORDINANCE # 497: ORDINANCE ANNEXING & ZONING OF JOINT SCHOOL DISTRICT PROPERTY: (APPROVED) 5: PUBLIC HEARING: PROPOSED 1988-89 FISCAL YEAR BUDGET: 6: ORDINANCE # 494: ANNUAL APPROPRIATION ORDINANCE: (APPROVED) 7: ADDITIONAL FINDINGS ON REZONE REQUEST BY GINGRICH: (APPROVED) 8: ORDINANCE # 495: ORDINANCE REZONING GINGRICH PROPERTY: (APPROVED) 9: PRE -TERMINATION HEARING WATER/SEWER/TRASH DELINQUENCIES :(TURN-OFF APPROVED) 10: APPROVE THE BILLS: (APPROVED) 11: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL SEPTEMBER 6, 1988 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: K. Beumeler, Douglas Weast, John & Alice Gipe, Jane Fischer, Ray Fischer, Rich Allison, Dale Ownby, Harold Pitkin, Walt Morrow, Gary Smith, Paul Stutzman, Roy Porter, Wayne Crookston The Motion was made by Giesler and seconded by Myers to approve the Minutes of the previous Meeting held August 16, 1988 as written: Motion Carried; All Yea: Item #1: Findings of Fact & Conclusion on Amendments to the Zoning & Development Ordinance: Mayor Kingsford: These Amendments have to do with the Day Care, Convenience Store issues and others, I would entertain a Motion to approve the Findings of Fact as prepared for the Planning & Zoning Commission, the Attorney has found no substantial changes after the Council hearing. The Motion was made by Giesler and seconded by Myers to approve the Findings of Fact and Conclusions of Law as were prepared for the Planning & Zoning Commission on the Zoning & Development Ordinances: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item #2: Ordinance #496: Amending the Zoning & Development Ordinance: Mayor Kingsford: An Ordinance amending the Zoning Ordinance of the City of Meridian by Amending Section 11-2-403-B, Definitions; Amending -Section 11-2-410 by the addition of a new subsection relating to accessory uses; Repealing Section 11-2-418-B12 and Re- enacting said Section; By Amending Section 11-2-418 -B; By Amending Section 11-2-409, Zoning Schedule of Use Control; and providing an effective date, is there anyone from the public who wishes Ordinance #496 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all, rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 496 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item #3: Public Hearing: Annexation & Zoning Request by Joint School District: Mayor Kingsford: Is there a party here representing the School District? Rich Allison was present, Mr. Allison would you come forward and be sworn, at this time we will open the Public Hearing. Rich Allison, 1040 East Pine Street, Meridian, Mr. Allison was sworn by the City Attorney: MERIDIAN CITY COUNCIL SEER 6, 1988 PAGE # 2 Allison: The School District is asking that the Council annex and zone approximately thirteen acres, it is located adjacent to their existing school bus yard which is located off of Locust Grove Road at the end of Lanark Street, the reason for the annexation is for Fire protection, Police protection and future development of the property. Mayor Kingsford: Is there anyone from the public who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. Councilmen, the next item would to be to approve the Findings of Fact and Conclusions as prepared for the Planning & Zoning Commission. The Motion was made by Myers and seconded by Giesler to approve the- Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea; Brewer, Yea: Item # 4: Ordinance # 497: Ordinance Annexing & Zoning the Joint School District Property Mayor Kingsford: An Ordinance Annexing & Zoning a part of the SE 1/4 of Section 8, T. 3 N, R. 1 E., Boise' Meridian, Ada. County, Idaho, and providing an effective date, is there anyone .fron` tTie public who wishes Ordinance #497 read in its entirety? There was no response, I would then entertain a Motion: The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance # 497 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea; Brewer, Yea: Item #5: Public Hearing: Proposed 1988-89 Fiscal Year Budget: Mayor Kingsford: At this time we will open the Public Hearing, is there anyone in the audience who wishes to offer testimony on the 1988-89 Fiscal Year Budget? There was no response, the Public Hearing was closed. Item #6: Ordinance #494: Annual Appropriation Ordinance: Mayor Kingsford: An Ordinance making all appropriation of money for all the necess- ary expenses and liabilities for the City of Meridian, Ada County, Idaho for the Fiscal Year commencing on the first day of October, 1988 and ending the thirtieth day of September, 1989, this Ordinance being known as the Annual Appropriation Bill, and declaring an emergency, is there anyone from the public that would like Ordin- ance # 494 read in its entirety? There was no response, this budget calls for a revenue of $3,251,760 and an equal amount of expenditures. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and p:2 isions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #494 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: MERIDIAN CITY COUNCIL SEPTEMBER 6, 1988 PAGE # 3 Item # 7: Additional Findings of Fact on Rezone Request by Gingrich: Mayor Kingsford: After the Public Hearing held at City Council the City Attorney thought there should be additional Findings to reflect that testimony, Council Members you have had those additional Findings, is there any questions or comments? There was no response, I would entertain a Motion to approve those Findings. The Motion was made by Giesler and seconded by Myers to approve the additional Findings of Fact and Conclusions of Law as prepared by the City Attorney on the rezone request by Bud Gingrich: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item #8: Ordinance # 495: Ordinance Rezoning Gingrich Property: Mayor Kingsford: An Ordinance amending and changing the zoning of certain real property in the City of Meridian which is described as a portion of the NE 1/4 NW 1/4 of Section 12, Township 3 North, Range 1 West, Ada County, Idaho and also generally being in the 1300 Block of West 8th Street, Meridian, Idaho: and provid- ing an effective date, is there anyone in the audience who wishes Ordinanpe #495 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance # 495 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler--, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Item #9: Pre -Termination Hearing Water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose to, you have the right to a pre -termination hearing before the Mayor & Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain Counsel. Is there anyone from the public who wishes a pre -termination hearing? There was no response. The Motion was made by Tolsma and seconded by Giesler to approve the turn-off list as submitted: Motion Carried: All Yea: Mayor Kingsford: The turn-off list amounts to $6,983.35, due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on September, 14, 1988. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code, even though they appeal the water will be shut off. Item #10: Approve Payment of the Bills: The Motion was made by Tolsma and seconded by MYers to approve payment of the bills: Notion Carried: All Yea: MERIDIAN CITY COUNCn SEPTEMBER 6, 1988 PAGE # 4 Department Reports: Mayor Kingsford: I would like to introduce the new Building Inspector, Mr. Paul Stutzman, he has been onboard with us for two weeks now. He had nothing to report at this meeting. City Engineer: Reported on the progress of the sewer project and water project, also advised the Mayor & Council about the possibilities of treatment of the water at the wells to relieve the problem of buildup in the water lines that are cast iron pipe. This treatment also has- the capability to prohibit corrosion which we also have some problem with in some areas. I will keep the Council advised on this. Myers: I might report on the Mercy Hospital Hospices Golf that was held last week it was very successful, they are looking a around $15,000.00 raised for the Hospice Program. Mayor Kingsford: I would announce two things, tomorrow night and I an not,sure of the time, there is going to be another meeting here at City Hall on the ptoposed County wide Fire District. The other item and I apologize for not making you copies of that, I met last Monday with the management of United Cable Telimrision and they are proposing a rate adjustment, I have those figures which I will get to you, under our Ordinance it is not something we have to approve or disapprove. They also went over the amount of cable they plan to construct .this year, they also explained some of the problems they have incurred in cable extension in Meridian. Being no further Business to come before the Council the Motion was made by Myers and seconded by Giesler to adjourn the Meeting at 7:50 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: ty pc: Mayor/& Council P &'Z C nnission .._ Atty, Eng, Fire, Police Ward, Stuart, Gass, Hallett Valley News, Statesman, Stutzman ACHD, NMID, CDH, ACC Settlers Irrg. Mail (2) File (4) AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counaelore P.O. Box 427 Meridian, Idaho 83842 Telephone 888-Wi BEFORE THE MERIDIAN CITY COUNCIL LEON GINGRICH REQUEST FOR REZONE 1300 BLOCK ON NW 8TH STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing on August 16, 1988, at the hour of 7:30 o'clock,p.m., the Petitioner appearing in person and through Dale Ownby, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That the property is located within the City of Meridian and is described in the application and which description is incorporated herein as if set forth in full and which property is in the 1300 and 1400 Block of West 8th Street, Meridian, Ada County, Idaho. 2. That the property is located in the Warrior Neighborhood as designated on the Policy Diagram on page 7 of the Meridian Comprehensive Plan. 3. That the property is presently zoned R-4 Residential AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888401 but is a vacant lot; that the property surrounding the subject property is similarly zoned and developed except for the Meridian Middle School which is across 8th Street from the property; there is intermittent development of apartment complexes along the east side of W. 8th Street. 4. That the Applicant's proposal is to change the zone from R-4 to R-15 so that multi -family dwellings can be located thereon. 5. That the property is an irregular shaped parcel of ground that is somewhat triangular. ► 6. The requested R-15 zone is described in the Zoning Ordinance as follows: (R-15) MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be con- nected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 7. The Comprehensive Plan contains Housing Policies on pages 26 and 27; the pertinent policies to this Application are stated as follows: 1. The City of Meridian intends to provide for a wide diversity of housing types (single-family, mobile homes and multi -family arrangements) and choices be- tween ownership and rental dwelling units for all AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 income groups in a variety of locations suitable for residential development. 4. The development of housing for all income groups close to employment and shopping centers should be encouraged. 9. The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 12. Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 13. Infilling of random vacant lots in substantially developed, single-family areas should be encouraged at densities similar to surrounding development. In- creased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; or b. Development of uses other than single-family structures are compatible with surrounding development. 15. Owners of remnant residential parcels or partially developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 19. High density development, where possible, should be located near open space corridors or other permanent major open space and park facilities and near major access thoroughfares. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Boz 427 Merldlan, Idaho 83842 Telephone 898-4461 8. The property has sewer and water available. 9. That the City Engineer submitted comments which are incorporated herein as if set forth in full and such are reasonable requirements and are included in the Ordinance. 10. That the Nampa and Meridian Irrigation District had comments but no objection to the Application. 11. That the Ada County Highway District submitted requirements. 12. There were objections to the rezone in the form of testimony and a written petition signed by eleven property owners in the area; that the objections were that development in the fashion proposed would be too many buildings in the area and would bring increased traffic to an already heavily trafficed road; there was also concern that the irrigation ditch located on the proposed property not be removed. 13. That the Applicant stated that the irrigation ditch would not be removed and would continue to provide irrigation water for the area. 14. That the property has been a vacant lot for over 10 years and is basically a weed patch at the present time and has been for many years. 15. That the proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 • CONCLUSIONS 1. The City'of Meridian has the authority to grant Zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 2. That upon rezone, the City of Meridian has authority to place conditions upon the zoning amendment. 3. That 11-2-416(R) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan Amendment is required. (b) The area was not previously scheduled for a rezone but such rezone is compatible with other uses in the area. (c) The area included in the zoning amendment is intended to be developed in the future in the fashion that would be allowed under the new zoning of R-15. (d) There has been no change in the area which tends to dictate that the area may lend itself to be rezoned. (e) The Applicant made representations in the application that the area would be designed and constructed to be harmonious with the surrounding area of apartment complexes. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 0 • (f) The proposed use was mentioned of multi -family dwellings and therefore the uses would not be hazardous or disturbing to existing or future neighborhood uses. (g) The area would be adequately served by public facilities and services as those are already available. (h) The possible proposed uses would likely not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use will not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of the City of Meridian. 13. That the requirements and comments of the City Engineer are reasonable and should be a condition of the rezone and met by the Applicant. 14. That the requirements of the Ada County Highway District are reasonable and shall be required upon actual development. 15. That the requirements of the Nampa and Meridian Irrigation District are reasonable and shall be required on actual developement. 16. That there is a confrontation of uses in the area between the single family dwellings owned by the people objecting to the application and the proposed apartments to be constructed and already existing in the area. The policies in the Comprehensive Plan suggest answers to this type of land use confrontation. Those policies are stated in paragraph 7 of the Findings, subparagraphs 1,9,13, and 19. Due to those findings, the irregular shape of the property is question, the fact that there is an open space near the property in the form of the Meridian Middle School play field, and the fact there are a considerable number of apartments already in the areae that the Application should be granted and is in the overall best interests of the City of Meridian. 17. That the Applicant shall be required to meet all of the Ordinances of the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Giesler Voted e Councilman Myers Vote Councilman Tolsma Voted Councilman Brewer Vote Mayor Kingsford (Tie Breaker) Vote AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 • 8644007 0 ORDINANCE NO. // T,� AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, IDAHO AND ALSO GENERALLY BEING IN THE 1300 BLOCK OF WEST 8TH STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from "R-4" Residential to "R-15" Residential for the following described land: ALL THAT PORTION OF THE NE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH RANGE 1 WEST, ADA COUNTY, STATE OF IDAHO. LYING EASTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF 8TH STREET WEST AND NORTH OF THE SOUTHERLY BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12 TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, STATE OF IDAHO. EXCEPT: AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8861401 9 i A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NE CORNER OF THE SAID NE 1/4 OF THE NW 1/4; THENCE SOUTH 0 DEGREES 15'45" WEST 756.25 FEET, ALONG THE EAST LINE OF THE SAID NE 1/4 OF THE NW 1/4, TO THE NORTHWEST CORNER OF WELKER SUBDIVISION AS RECORDED IN ADA COUNTY RECORDS; THENCE CONTINUE SOUTH 0 DEGREES 15145" WEST 45.66 FEET, ALONG THE SAID EAST LINE WHICH IS ALSO THE WEST LINE OF SAID WELKER SUBDIVISION, TO THE INITIAL POINT OF THIS DESCRIPTION; THENCE CONTINUE SOUTH 0 DEGREES 15'45" WEST 137.01 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 6 OF WELKER SUBDIVISION; THENCE NORTH 89 DEGREES 44'15" WEST 35.23 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF 8TH STREET WEST AS RECORDED IN INSTRUMENT NO. 713901 IN BOOK 46 AT PAGE 143; THENCE MEANDERING ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 15 DEGREES 15'45" EAST 93.93 FEET TO A POINT ON A CURVE; THENCE CURVING TO THE LEFT ALONG A CURVE HAVING A RADIUS OF 790.00 FEET, A TANGENT OF 23.79 AND A CHORD BEARING NORTH 13 DEGREES 32'17" EAST 47.55 FEET TO THE INITIAL POINT OF THIS DESCRIPTION. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 • of Meridian, Ada County, Idaho. Section 1. That the aforementioned real property which is described as follows: ALL THAT PORTION OF THE NE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH RANGE 1 WEST, ADA COUNTY, STATE OF IDAHO. LYING EASTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF 8TH STREET WEST AND NORTH OF THE SOUTHERLY BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12 TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, STATE OF IDAHO. 1 EXCEPT: A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NE CORNER OF THE SAID NE 1/4 OF THE NW 1/4; THENCE SOUTH 0 DEGREES 15'45" WEST 756.25 FEET, ALONG THE EAST LINE OF THE SAID NE 1/4 OF THE NW 1/4, TO THE NORTHWEST CORNER OF WELKER SUBDIVISION AS RECORDED IN ADA COUNTY RECORDS; THENCE CONTINUE SOUTH 0 DEGREES 15'45" WEST 45.66 FEET, ALONG THE SAID EAST LINE WHICH IS ALSO THE WEST LINE OF SAID WELKER SUBDIVISION, TO THE INITIAL POINT OF THIS DESCRIPTION; THENCE CONTINUE SOUTH 0 DEGREES 15'45" WEST 137.01 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 6 OF WELKER SUBDIVISION; THENCE NORTH 89 DEGREES 44115" WEST 35.23 FEET TO A POINT ON THE EAST 0 . RIGHT-OF-WAY LINE OF 8TH STREET WEST AS RECORDED IN INSTRUMENT NO. 713901 IN BOOK 46 AT PAGE 143; THENCE MEANDERING ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 15 DEGREES 15'45" EAST 93.93 FEET TO A POINT ON A CURVE; THENCE CURVING TO THE LEFT ALONG A CURVE HAVING A RADIUS OF 790.00 FEET, A TANGENT OF 23.79 AND A CHORD BEARING NORTH 13 DEGREES 32'17" EAST 47.55 FEET TO THE INITIAL POINT OF THIS DESCRIPTION. Be and the Same hereby is rezoned from "R-4" Residential to "R-15" Residentiale and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idhao, this 4�:- day o e. e kcl-, 1988. CK!.NI APPROVED: OR -GRANT - P . ,AT DST-: ; AMBROSE, FITZGERALD CIT ?i&vRK-�& CROOKSTONAttorneys and Counselora r k P.O. Box 427Meridian, Idaho83842 Telephone 8884481 CK!.NI APPROVED: OR -GRANT - P . r 0 STATE OF IDAHO, ) ss. County of Ada, I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, IDAHO AND ALSO GENERALY BEING IN THE 1300 BLOCK OF WEST 8TH STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. , by the Ci y ouncil and Mayor of the City of Meridian, n the day of e,.i er , 1988, as the same appears in my office. DATED this2!L6 day o� — , 1988. STATE OF IDAHO, ) ss. County of Ada, County,/ Idaho City of Meridian, On this -7-1-A day 1988, before me, the undersigned, A Notary Public fn and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offical seal the day and year in this certificate first above written. SEAL �`��Ytteloat,y�l� �I A 'i o��g !�h ee:a3:ie`•�� AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelone P.O. Boz 427 Meridian, Idaho 83842 Telephone 888.4481 Notary Public for Idaho Residing at Meri ian, Idaho w, GeNwlis:.� eet�i�ea •!n v-/ - 43 Pkda County, Idah liv1E e7 DATE C� HN 8A- DA CORDER `�-7 i �-Deputy Jam` l 1 uwn cost ano without unreasoname oeiay, shall pr for the defense of an insured in litigation in which any third party assertAWim adverse to the title �/►7'1 OtiQ `Yltw ir001 1 010 Oempany, uy uiu msureo claimant provided to the Company pursuannshall not be disclosed to others unless, in the reasonable judgof thment it is necessary in the administration of $ MM 2702292 OWNERS SCHEDULE A OFFICE FILE # POLICY NUMBER DATE OF POLICY AMT OF TNSURANCE P179392 SV 2950457 May 5, 1999 $20,000.00 AT 4:07 P.M. 1. Name of Insured: TIMBER LINE INVESTMENTS, A GENERAL PARTNERSHIP 2. The estate or interest in the land to as covered by the policy is: FEE SIMPLE 3. Title to the estate or interest in land is vested in: TIMBER LINE INVESTMENTS, A GENERAL PARTNERSHIP 4. The land herein described is encumbered by the following mortgage or Trust Deed, and assignments: A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $15,000.00, AND ANY OTHER AMOUNTS AS THEREIN PROVIDED, PAYABLE UNDER THE TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS THEREOF. DATED: APRIL 29, 1999 GRANTOR: TIMBER LINE INVESTMENTS, A GENERAL PARTNERSHIP TRUSTEE: PIONEER TITLE COMPANY OF ADA COUNTY BENEFIEIARY: JULLIAN SALUTREGUI, A MARRIED MAN AS HIS SOLE AND SEPARATE RECORDED: MAY 5, 1999 INSTRUMENT NO.: 99045564 5. The land referred to in this Policy is described as follows: SEE SCHEDULE C Ap , • PI "392 3V 5. THE EFFECT OF A RESERVATION IN DEED RECORDED MAY 5, 1919, INSTRUMENT NO. 30005, EXECUTED BY JOHN W. HEDGES ET AL, WHICH RESERVES THE RIGHT OF WAY FOR DITCHES NOW CONSTRUCTED UPON OR ACROSS SAID LAND 6. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS RECORDED: MAY 16, 1956 INSTRUMENT NO.: 394584 7. RIGHT OF WAY EASEMENT GRANTED BY A.B. WELKER AND ETHEL WELKER, HUSBAND AND WIFE TO THE CITY OF MERIDIAN, DATED NOVEMBER 30, 1955 AND RECORDED MAY 17,1 955 UNDER RECORDER'S FEE NO. 394619, RECORDS OF ADA COUNTY, IDAHO. 8. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AS SET FORTH ON THE FACE OF THE PLAT. 9. THE EFFECT OF ORDINANCE AND ZONE CHANGE RECORDED SEPTEMBER 7, 1988 AS INSTRUMENT NO. BY THE CITY OF MERIDIAN, WHICH RECITES IN PART: BE AND THE SAME HEREBY IS REZONED FROM "R-4" RESIDENTIAL TO "R-15" RESIDENTIAL AND SECTION 11-2-425, OFFICIAL ZONING MAPS IS HEREBY AMENDED TO REFLECT THE SAME. AFFECTS LAND IN NE NW 10. MATTERS DISCLOSED BY RECORD OF SURVEY RECORDED: AUGUST 23, 1990 INSTRUMENT NO.: 9045975 SURVEY NO.: 1715 11. RIGHT, TITLE AND INTEREST OF THE PARTY HEREIN NAMED. DISCLOSED BY: WARRANTY DEED PARTY: JUNE 21, 1993 RECORDING DATE: 9348158 INSTRUMENT NO.: SUBJECT LAND - EASEMENT FOR SEWER LINES END OF EXCEPTIONS NOTE: L THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. 11-1 /o - V e'l'-yk�G',f� �i?1Yr1 .• ev Y` B T f d /4i' (ti. -0 pP-7 - ,?7q da-. # ge 7 - 6 ?I/ )� f -1 Ae s File Number: P179392 SCHEDULE C PARCEL I LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, AS SHOWN ON THE OFFICIAL PLAT RECORDED IN BOOK 15 OF PLATS AT PAGE 976, RECORDS OF ADA COUNTY, IDAHO. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO, THENCE NORTH 48 DEGREES 07' WEST A DISTANCE OF 93.03 FEET TO A POINT, THENCE SOUTH 24 DEGREES 14' WEST A DISTANCE OF 116.64 FEET TO A POINT, THENCE SOUTH 65 DEGREES 50' 45" EAST A DISTANCE OF 75.00 FEET TO A POINT, THENCE CURVE RIGHT ON A CURVE WHOSE RADIUS IS 290 FEET, WHOSE CENTRAL ANGLE IS 17 DEGREES 43' 45" AND WHOSE LONG CHORD BEARS, THENCE NORTH 33 DEGREES 01' EAST A DISTANCE OF 89.40 FEET TO THE REAL POINT OF BEGINNING. ALSO PARCEL II A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THENCE SOUTH 0 DEGREES 15' 45" WEST A DISTANCE OF 756.25 FEET, ALONG THE EAST LINE OF THE SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, TO THE NORTHWEST CORNER OF WELKER SUBDIVISION AS RECORDED IN ADA COUNTY RECORDS, THENCE CONTINUE SOUTH 0 DEGREES 15' 45" WEST A DISTANCE OF 45.66 FEET, ALONG THE SAID EAST LINE WHICH IS ALSO THE WEST LINE OF SAID WELKER SUBDIVISION, TO THE INITIAL POINT OF THIS DESCRIPTION, THENCE CONTINUE SOUTH 0 DEGREES 15' 45" WEST A DISTANCE OF 137.01 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 6 OF WELKER SUBDIVISION, THENCE NORTH 89 DEGREES 44' 15" WEST A DISTANCE OF 35.23 FEET TO A POINT ON THE EASTiRIGHT OF WAY LINE OF 8TH STREET WEST AS RECORDED IN INSTRUMENT NO. 713901 IN BOOK 46 AT PAGE 143, THENCE MEANDERING ALONG SAID EAST RIGHT OF WAY LINE NORTH 15 DEGREES 15' 45" EAST A DISTANCE OF 93.93 FEET TO A POINT ON A CURVE, THENCE CURVING TO THE LEFT ALONG A CURVE HAVING A RADIUS OF 790.00 FEET, A TANGENT OF 23.79 AND A CHORD BEARING NORTH 13 DEGREES 32' 17" EAST A DISTANCE OF 47.55 FEET TO THE INITIAL POINT OF THIS DESCRIPTION. END OF LEGAL DESCRIPTION AMBROSE, FITZGGERALD & CROOKSTON Attorneys mid Coa�elors P.O. Box 427 MwWlan, Idaho 83842 Telephone 88844!17 BEFORE THE MERIDIAN CITY COUNCIL LEON GINGRICH REQUEST FOR REZONE 1300 BLOCK ON NW 8TH STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing on August 16, 1988, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person and through Dale Ownby, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That the property is located within the City of Meridian and is described in the application and which description is incorporated herein as if set forth in full and which property is in the 1300 and 1400 Block of West 8th Street, Meridian, Ada County, Idaho. 2. That the property is located in the Warrior Neighborhood as designated on the Policy Diagram on page 7 of the Meridian Comprehensive Plan. 3. That the property is presently zoned R-4 Residential AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Sox 427 Maddlan, Idaho 83612 Telephone 8884481 • • but is a vacant lot; that the property surrounding the subject property is similarly zoned and developed except for the Meridian Middle School which is across 8th Street from the property; there is intermittent development of apartment complexes along the east side of W. 8th Street. 4. That the Applicant's proposal is to change the zone from R-4 to R-15 so that multi -family dwellings can be located thereon. 5. That the property is an irregular shaped parcel of ground that is somewhat triangular. 6. The requested R-15 zone is described in the Zoning Ordinance as follows: (R-15) MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be con- nected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 7. The Comprehensive Plan contains Housing Policies on pages 26 and 27; the pertinent policies to this Application are stated as follows: 1. The City of Meridian intends to provide for a wide diversity of housing types (single-family, mobile homes and multi -family arrangements) and choices be- tween ownership and rental dwelling units for all AMBROBE, MWERALD & CROOKSTON Attemeye and Counselm P.O. BOX 427 Merldlan, Who 83842 Telephoness""I • • income groups in a variety of locations suitable for residential development. ... 4. The development of housing for all income groups close to employment and shopping centers should be encouraged. 9. The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. . 12.Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 13. Infilling of random vacant lots in substantially developed, single-family areas should be encouraged at densities similar to surrounding development. In- creased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; or b. Development of uses other than single-family structures are compatible with surrounding development. 15. Owners of remnant residential parcels or partially developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 19. High density development, where possible, should be located near open space corridors or other permanent major open space and park facilities and near major access thoroughfares. AMBROSE, FtTZGERALO i CROOKSTON Attomeys mid COMM= P.O. Box 427 Meridien, Idaho 83842 Te1e00=88Bd481 • • • 8. The property has sewer and water available. 9. That the City Engineer submitted comments which are incorporated herein as if set forth in full and such are reasonable requirements and are included in the Ordinance. 10. That the Nampa and Meridian Irrigation District had comments but no objection to the Application. 11. That the Ada County Highway District submitted requirements. 12. There were objections to the rezone in the form of testimony and a written petition signed by eleven property owners in the area; that the objections were that development in the fashion proposed would be too many buildings in the area and would bring increased traffic to an already heavily trafficed road; there was also concern that the irrigation ditch located on the proposed property not be removed. 13. That the Applicant stated that the irrigation ditch would not be removed and would continue to provide irrigation water for the area. 14. That the property has been a vacant lot for over 10 years and is basically a weed patch at the present time and has been for many years. 15. That the proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelore P.O. SOX 427 Meridian, Idaho 83842 Telephone 8884481 CONCLUSIONS 1. The City of Meridian has the authority to grant Zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 2. That upon rezone, the City of Meridian has authority to place conditions upon the zoning amendment. 3. That 11-2-416(R) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan Amendment is required. (b) The area was not previously scheduled for a rezone but such rezone is compatible with other uses in the area. (c) The area included in the zoning amendment is intended to be developed in the future in the fashion that would be allowed under the new zoning of R-15. (d) There has been no change in the area which tends to dictate that the area may lend itself to be rezoned. (e) The Applicant made representations in the application that the area would be designed and constructed to be harmonious with the surrounding area of apartment complexes. AMBROSE, FITZGERALD &CROOKSTON Attomep and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884487 • (f) The proposed use was mentioned of multi -family dwellings and therefore the uses would not be hazardous or disturbing to existing or future neighborhood uses. (g) The area would be adequately served by public facilities and services as those are already available. (h) The possible proposed uses would likely not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use will not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of the City of Meridian. 13. That the requirements and comments of the City Engineer are reasonable and should be a condition of the rezone and met by the Applicant. 14. That the requirements of the Ada County Highway District are reasonable and shall be required upon actual development. 15. That the requirements of the Nampa and Meridian Irrigation District are reasonable and shall be required on actual developement. 16. That there is a confrontation of uses in the area AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8881481 • 0 between the single family dwellings owned by the people objecting to the application and the proposed apartments to be constructed and already existing in the area. The policies in the Comprehensive Plan suggest answers to this type of land use confrontation. Those policies are stated in paragraph 7 of the Findings, subparagraphs 1,9,13, and 19. Due to those findings, the irregular shape of the property is question, the fact that there is an open space near the property in the form of the Meridian Middle School play field, and the fact there are a considerable number of apartments already in the area, that the Application should be granted and is in the overall best interests of the City of Meridian. 17. That the Applicant shall be required to meet all of the Ordinances of the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Giesler Voted/e4 Councilman Myers Vote Councilman Tolsma Vote Councilman Brewer Vote Mayor Kingsford (Tie Breaker) Vote TURN OFF scheduled for SEPTEMBER 14, 1988 ACCOUNT # NAME & ADDRESS AMOUNT DUE 24 LEONARD MCFADDEN 57.90 710 W. 2nd St. 116 MARK HALVERSON 15.00 720 W. 8th St. 910 RICHARD HINES 73.70 123 W. Idaho 948 DALICE PLUMBING 49.70 921 W. 2nd St. 3252 BILLY STROTHER 37.30 847 W. Pine 3274 JOE E. RANDALL 191.60 801-803-821-823 W.7th St. 3286 LONNIE J. KEATING 62.70 711 W. Pine Ave. 3314 DUANE A. SPOOLSTRA 146.00 511 W. Pine Ave. 3424 DON MITTLEIDER 74.90 1645 W. 1st St. 3436 WALLACE NEWTON 77.40 1523 W. 1st St. 3442 CAROL CAHILL 97.50 1435 W. 1st St. ----------- aps-1E4+ 5356 ALBERT TRUJILLO 71.40 1240 Elm Ct. 5366 DOUGLAS BODINE 106.20 1207 Northgate Court 5372 - RAUL PEREZ JR. 63.40 1224 Northgate 5620 RAYMOND BARRIATUA 118.80 1402 Northgate Ave. 5712 BARRY D. MITCHELL 117.30 1527 Northgate Ave. 5736 EDDY R. LAW 48.80 1407 W. 14th St. 6592 FREDRICK J. SHADDICK 40.00 1002 W. Washington Dr. • • ACCOUNT # NAME & ADDRESS 11120 MT. STATES DRILLING 637 N. Linder 22112 PHYLLIS TREASURE 3950 Sugar Creek Dr. •209" J10081" TILTRIN Y 30826 DOUGLAS HENDERSON 2085 Kristen Way 30970 DANIEL WILMOT 1879 Todd Way 30990 CLINTON BARNHART 2580 Misty Drive 32342 MICHAEL SCHAEFFER 1933 Sandalwood Dr. 32352 WILLIAM AVERY 1967 Cairns Way 32548 DONALD FISHER 1750 Beardon Court 32564 EVA LOUISE REED 2291 N. Linder Rd. 32568 BRYAN L. EVERMAN 2231 N. Linder Road 35372 MERTON LOGUE 1341 Darrah Dr. 36456 WESTWOOD HOMES 2712 N.W. 12th St. 37242 PAULA J. KOBER 1484 Darrah Dr. 37256 RODNEY PORTER 1322 Claire St. 38275 SHARON JARETT 1542 Storey Ave. 38380 VETERAN"S ADMINISTRATION 1340 Newport Dr. 38408 PHILIP MARR 1509 Tana Drive PAGE 2 AMOUNT DUE 36.50 108.60 82.80 129.00 107.85 121.30 33.00 70.00 81.20 91.00 85.60 38.10 83.30 65.30 54.10 147.90 93.50 200 E. Fairview • • tr PAGE 3 ACCOUNT # NAME & ADDRESS AMOUNT 38410 EDWARD MACK 113.50 1441 Tana Drive 38420 GREG A. MARSHALL 93.00 2207 N.W. 15th 38490 GERALD R. BARNOWSKI 110.30 1312 Tana Dr. 38572 ROGER G. JOHNSON 106.00 2229 N.W. 14th St. 38574 HARRY DAVIS 61.90 2217 N.W. 14th 38600 ROBIN YELTON 111.40 1089 W. Chateau Dr. 38604 LINDA L. THOMPSON 93.70 1081 W. Chateau Dr. 38650 DAVID E. MCGOWAN 146.40 2211 N.W. 11th St. 38654 TWAYNE WALKER CONST. 85.70 1177 Delmar Dr. 38768 TERRY SELLMAN 72.05 810 Delmar Dr. 38816 FLOYD THOMAS 66.20 1002 Delmar Dr. 38866 TANYA LAFEE 36.50 2282 N.W. 11th Ave. 39360 CHUCK BOOS 66.80 1910 Blossom P1. 41208 ROGER F. BECKER 69.00 671 Tiffany Dr. 41222 W.L. TULLOS 77.70 586 Tiffany Dr. 41364 BRIAN NEY 53.30 635 McGlinchey 41432 LEO J. DOREY 172.70 1916 N.W. 8th St. 46052 AMERICAN TEXTILES 84.50 200 E. Fairview PAGE 4 ACCOUNT # NAME & ADDRESS AMOUNT 47850 VETERAN"S ADMINISTRATION 47.70 1902 Jericho Road 48826 KEITH A. MURRAY 104.00 1023 E. Willowbrook 48840 MICHAEL LACROIX 93.95 1028 Clarene St. 53752 RAYMOND C. MORGAN 56.00 1510 E. lst St. 53800 APOLLO CLEANERS 195.20 1535 E. lst St. 53802 TERRY WOODWARD 67.60 1535 E. lst St. 56324 TERESA BENTLEY 49.70 518 E. Broadway 56340 MONIKA LITTLE 76.00 412 E. Broadway 56836 JEFFEREY A SCOTT 59.80 319 E. Pine Ave. 58528 SCOTT SUDDUTH 50.65 432 E. Pine Ave. 58610 NELLIE PUSCHEL 40.10 22 E. Pine 58682 W.D. THOMPSON 58.20 924 E.4th St. 60268 CHEF FISHER FOODS 525.15 331 E. lst 60306 GAIL FLORES 77.20 330 E. 3rd St. 60430 DAVID ROBERTS 57.30 133 E. King 60544 LEE STUCKER 41.25 52 E. Franklin 61946 O.T. DAVIS 45.10 44 South Meridian St. 61970 LYNN EVANS 80.40 517-519-521 E. lst St. S. TOTAL DUE $6,983.35 r PAGE 5 ACCOUNT # NAME & ADDRESS AMOUNT DUE 92148 DALE HACKING 82.50 781 Pennwood 92834 STEVEN E. TUCKER 90.30 768 Hanover Ct. 92846 STEVE MCGOWAN 87.05 653 Fulmer Ct. 92856 MARTY FLOWER 83.70 656 Fulmer Ct. 92876 NEAL TOWN 49.90 673 W. Barrett 92877 TODD HAMMONS 53.10 671 Barrett 93464 HENKELS & MCCOY 50.10 601 W. Franklin 93467 HENKELS & MCCOY 150.70 613 W. Franklin 93822 PHYLLIS TREASURE 80.60 53 Rose Circle 96920 SHELLIE A. ALLEN 30.80 403 Meridian St. TOTAL DUE $6,983.35 Jr ! ; ` a,ru.,,.. , - /`� ,apse•. /J /jn wAW r,ti, F' 04 7 �V S �� r � �� ` r '• a '. i''. 9PE `T IG1V A, b+�tng protorty . owners witbii-' the ' area of pa apusod aonstruation of the 'Felker : Ad#tiom on thei' F 1300 block of. 'North 'West 8th Vitra t, *iah to file thio:''obi �tio . The �r spedconstruction of �femiiy residence wouldnulti _ 3 �aaree the ready h6aey rgffi oa `N. C 6 streets vbove , many sash®ol buses :and, VrLjate cars redriven .on' a daily ba�3�. 5 Further mdng',,dhildrem ':*re t+seat Ovasisingo "in this , area'*,, J` _ lE°na�ther "this d�+nstrue� ion,vault ip►�►olrre an open° Irrigation - ditch; whicib tons the fulthe property 'uncle ;f c®n®idexa oton.:r Thih: tii+.cls' ia. used b slam �ea�osit� etf tete grnpertiee far � . .. m, This be�i�ag an ark a of ain�la owner h�mea, ,we feed ths�t tat It play h�u ng. in not ca�p�tahla, with thl ; l omesalready tau It w in this addition'40 -14 00 Jr ! ; ` a,ru.,,.. , - /`� ,apse•. /J /jn wAW r,ti, F' 04 7 �V S �� RESOLUTION # 120 GEM COMMUNITY SUPPORT RESOLUTION WHEREAS, the City Council of Meridian is interested in the economic health of the community and its citizens; and WHEREAS, the City Council wishes to support the efforts within and by this community to become more prepared to support and foster the appropriate economic activities of its citizens; and WHEREAS, the City Council wishes to support and encourage the appropriate efforts within the community that promote economic develop- ment of the community and the economic well-being of its citizenry; and WHEREAS, the Idaho Department of Commerce is offering a program specifically designed to help Idaho communities help themselves prepare for and sustain an effective economic development program; and WHEREAS, this program is entitled the GEM COMMUNITIES Program. NOW, THEREFORE,. BE IT RESOLVED, that the City Council of Meridian hereby supports and endorses the participation of Meridian in the GEM COMMUNITIES Program of Idaho Department of Commerce; and BE IT FURTHER RESOLVED, that the elected leadership of this community realizes this program requires dedicated effort; and that this resolution is a pledge of our honest intention to complete the requirements of GEM COMMUNITY certification; and BE IT FURTHER RESOLVED, that the Meridian Chamber of Commerce is the organization authorized to preform the tasks necessary for certification as a GEM COMMUNITY, and that said organization will follow guidelines established by the Idaho Department of Commerce in preforming the tasks mecessary for certification as a GEM COMMUNITY, and that said organization--. shall report to the City Council not less than quarterly regarding its progress. This Resolution is in full effect August 1988. President of the Council & Acting Mayor upon its adoption this 16th day of .. . ORDINANCE NO. /f 9 t AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, IDAHO AND ALSO GENERALLY BEING IN THE 1300 BLOCK OF WEST 8TH STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from "R-4" Residential to "R-15" Residential for the following described land: ALL THAT PORTION OF THE NE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH.RANGE 1 WEST, ADA COUNTY, STATE OF IDAHO. LYING EASTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF 8TH STREET WEST AND NORTH OF THE SOUTHERLY BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12 TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, STATE OF IDAHO. EXCEPT: AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 888-4481 AMBROSE, FITZGERALD & CROOKSTON A"omeys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884401 A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NE CORNER OF THE SAID NE 1/4 OF THE NW 1/4; THENCE SOUTH 0 DEGREES 15'45" WEST 756.25 FEET, ALONG THE EAST LINE OF THE SAID NE 1/4 OF THE NW 1/4, TO THE NORTHWEST CORNER OF WELRER SUBDIVISION AS RECORDED IN ADA COUNTY RECORDS; THENCE CONTINUE SOUTH 0 DEGREES 15'45" WEST 45.66 FEET, ALONG THE SAID EAST LINE WHICH IS ALSO THE WEST LINE OF SAID WELRER SUBDIVISION, TO THE INITIAL POINT OF THIS DESCRIPTION; THENCE CONTINUE SOUTH 0 DEGREES 15'45" WEST 137.01 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 6 OF WELRER SUBDIVISION; THENCE NORTH 89 DEGREES 44'15" WEST 35.23 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF 8TH STREET WEST AS RECORDED IN INSTRUMENT NO. 713901 IN BOOK 46 AT PAGE 143; THENCE MEANDERING ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 15 DEGREES 15'45" EAST 93.93 FEET TO A POINT ON A CURVE; THENCE CURVING TO THE LEFT ALONG A CURVE HAVING A RADIUS OF 790.00 FEET, A TANGENT OF 23.79 AND A CHORD BEARING NORTH 13 DEGREES 32'17" EAST 47.55 FEET TO THE INITIAL POINT OF THIS DESCRIPTION. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of Meridian, Ada County, Idaho. Section 1. That the aforementioned real property which is described as follows: ALL THAT PORTION OF THE NE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH RANGE 1 WEST, ADA COUNTY, STATE OF IDAHO. LYING EASTERLY OF THE WESTERLY RIGHT—OF—WAY LINE OF 8TH STREET WEST AND NORTH OF THE SOUTHERLY BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12 TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, STATE OF IDAHO. EXCEPT: A PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO—WIT: COMMENCING AT THE NE CORNER OF THE SAID NE 1/4 OF THE NW 1/4; THENCE SOUTH 0 DEGREES 15145" WEST 756.25 FEET, ALONG THE EAST LINE OF THE SAID NE 1/4 OF THE NW 1/4, TO THE NORTHWEST CORNER OF WELRER SUBDIVISION AS RECORDED IN ADA COUNTY RECORDS; THENCE CONTINUE SOUTH 0 DEGREES 15145" WEST 45.66 FEET, ALONG THE SAID EAST LINE WHICH IS ALSO THE WEST LINE OF SAID WELRER SUBDIVISION, TO THE INITIAL POINT OF THIS DESCRIPTION; THENCE CONTINUE AMBROSE, FITZGERALD SOUTH 0 DEGREES 15145" WEST 137.01 FEET TO THE SOUTHWEST CORNER &CROOKSTON OF LOT 1, BLOCK 6 OF WELRER SUBDIVISION; THENCE Attorneys and Counselors NORTH 89 DEGREES 441150 WEST 35.23 FEET TO A POINT ON THE EAST P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 AMBROSE, ^b FITZGERALD &CROOKSTON , Attorneys and Counselors P.O. Box 427 ; Meridian, Idaho 83642 Telephone 8884481 RIGHT-OF-WAY LINE OF 8TH STREET WEST AS RECORDED IN INSTRUMENT NO. 713901 IN BOOR 46 AT PAGE 143; THENCE MEANDERING ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 15 DEGREES 15'45" EAST 93.93 FEET TO A POINT ON A CURVE; THENCE CURVING TO THE LEFT ALONG A CURVE HAVING A RADIUS OF 790.00 FEET, A TANGENT OF 23.79 AND A CHORD BEARING NORTH 13 DEGREES 32'17" EAST 47.55 FEET TO THE INITIAL POINT OF THIS DESCRIPTION. Be and the Same hereby is rezoned from "R-4" Residential to "R-15" Residentiale and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idhao, this �74day of . 1988. .,ATEST-: . APPROVED: STATE OF IDAHO, ) ss. County of Ada, I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, IDAHO AND ALSO GENERALY BEING IN THE 1300 BLOCK OF WEST 8TH STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 1-)96 by the Ci y ouncil and Mayor of the City of Meridian, n theday of rei er , 1988, as the same appears in my office. DATED this L6 day STATE OF IDAHO, ) ss. County of Ada, o 1988. —@lark f the City of Meridian, Countv Idaho On this -7-74 day of�,SM ei--- , 1988, before me, the undersigned, X Notary Public fn and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offical seal the day and year in this certificate first above written. SEAL �Qeo9rege®e,,,�� m %q��YY �V®'" p�,, v• o -® ®E,ft Qa, AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelore P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4481 Notary Public for Idaho Residing at MeriSlian, Idaho e !w, CoNwlisJm• 13 Ada County. Idaho, � 9,2 IME ®' DATE NBArD9 / 4CORDER Deputy d AMBROSE FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884461 ORDINANCE NO. �6 AN ORDINANCE•AMENDING THE ZONING ORDINANCE OF THE CITY OF MERIDIAN BY AMENDING SECTION 11-2-403 B, DEFINITIONS; AMENDING SECTION 11-2-410 BY THE ADDITION OF A NEW SUBSECTION RELATING TO ACCESSORY USES; REPEALING SECTION 11-2-418 B 12 AND RE-ENACTING SAID SECTION; BY AMENDING SECTION 11-2-418 B; BY AMENDING SECTION 11-2-409, ZONING SCHEDULE OF USE CONTROL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to amend Sections 11-2-403 B, DEFINITIONS, 11-2-410 by the addition of a new subsection relating to Accessory Uses, repealing Section 11-2-418 B 12 and re-enacting said section by amending Section 11-2-418 B, and amending Section 11=2-409, Zoning Schedule of Use Control. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. Section 11-2-403 B, Definitions, is hereby amended as follows: A. By the addition to said section of a definition of "Babysitting" which shall read as follows: "Babysitting --the act of caring for children for consideration while the parents or usual guardians are absent. If it is performed in the childs own home or all the children are brothers and sisters of each other, this definition shall not be restricted as to the number of children. If it is performed in the babysitters home for children who are not all brothers and sisters, this definition of babysitting AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counselore P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 shall be restricted to 3 children not any of which are related as brothers or sisters. Babysitting is further defined as being performed on a spordic basis and not on an every week day basis. It is not to be confused with day care or the definition of a child care facility". B. By the deletion of the definition of "Day Care Center". C. By the addition of a definition of "Child Care Facility" which shall read as follows: "Child Care Facility --Any home, structure, or place where non-medical care, protection, or supervision is regularly provided to children under fourteen (14) years of age, for periods less than twenty-four (24) hours per day, while the parents or guardians are not on the premises. There are three types of child care facilities: 1) Family Child Care Home --a child care facility which provides care for five (5) or fewer children throughout the day. 2) Group Child Care Home --a child care facility which provides care for six (6) to twelve (12) children throughout the day. 3) Child Care Center --a child care facility which provides care for more than twelve (12) children throughout the day. It should be noted that in determining the type of child care facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time is determinative". D. By the addition of a definition of "Convenience Store" which shall read as follows: "Convenience Store --a store offering goods, includ- ing gasoline, for sale at retail. The offering for sale of services or goods pertaining to the repair or servicing of vehicles shall not be included within this definition of convenience store. See definition of Service Station". SECTION 2. That Section 11-2-410 shall be amended by the addition of a new subsection which shall be number 11-2-410 D and AMBROSE, FITZGERALD RCROOKSTON Attorneys and Couneelore P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 which shall read as follows: "11-2-410 D. --Accessory Use Provisions: 1. ACCESSORY USE REVIEW PROCESS: The Zoning Administrator shall make the initial determination as to whether a building, structure or use is accessory to a principal permitted use, and may issue zoning certificates for those which are determined to be accessory and which otherwise comply with this Section. a. The accessory determiniation shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: 1. The size of the lot in question; 2. The nature of the principal permitted use; 3. The use made of adjacent lots; 4. The actual incidence of similar use in the area; 5. The potential for adverse impact on adjacent property; and 6. The Applicant must be the owner of the property under consideration and the user of the accesory use. b. Family Child Care Homes and Home Occupations may be considered to be permissable accessory uses in the R-4 and R-8 residential districts if they are approved after applying the following ad- ditional review procedures and the applicable ac- cessory use standards of section 11-2-410 D.2. 1. Notice of the Application shall be mailed by certified return receipt mail to owners of property which abutt the external lot or boundary lines of the property under consideration. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 Properties across a street or alley or kitty corner to the subject property shall be deemed abutting properties. Fifteen (15) days from the date of pub- lication referrenced in paragraph 2 below shall be allowed for response to said notice. 2. Notice of the Application shall be published in the Valley News for two (2) consecutive weeks and fifteen (15) days after the first publication shall be allowed for comments. 3. The Applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required. 4. The use shall be considered as a com- mercial use and shall not violate any applicable deed or subdivision covenants or restrictions relating to commercial uses. 5. Pay a fee of $80.00 plus pay all costs of notice, legal and engineering fees and consent to a lien for the above costs to be assessed against the subject property. 6. If there is an objection to the proposed use filed within the time for response, a hearing, after notice, shall be held by the Planning and Zoning Commission, which may grant or deny the application after making findings of fact. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commission's decision and if not so appealed the decision shall be final. 7. If there are no objections filed within the time for filing the same, the Zoning Administrators may grant the request. C, Group Child Care Homes and Child Care Centers are not accessory uses and are regulated as conditional uses. (See Section 11-2-418 for Conditional Use procedures.) AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 888-4481 2. ACCESSORY USE STANDARDS: a. Accessory Buildings Standards: 1. All parts of an accessory building shall be located within the lot of ownership. Where an alley has been vacated permit- ted accessory uses may be located at the centerline of such alley, provided: a) Proof of ownership is established; b) Disclaimer by the City of any utility easements; and c) Written disclaimer by all utility companies waiving use of the portion of alley to be improved by a structure; 2. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. 3. An accessory building may be erected detached from the principal building, or it may be connected thereto by a breeze- way or similar structure. No accessory building shall be erected in any required court, or in any required yard other than a rear yard, except that where the natural grade of a lot at the front line of the principal building is such as to result in a driveway having a grade of ten percent (10%) or greater, a private garage may be erected within the front yard, but not within fifteen (15') of any street line. 4. No accessory building or structure shall occupy more than forty percent (40%) of the area of a required rear yard. 5. If not in a rear yard, an accessory building shall be connected with the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 for a principal building including height and other dimensions. 6. If located in a rear yard, both de- tached and connected accessory buildings shall be subject to the requirements set forth in the following paragraphs: a. The height shall not exceed fifteen feet. b. No detached accessory building shall occupy any portion of the front yard setback for a lot with a nonresidential zone, if such lot has a common lot line to another lot zoned residential. C* Underground fallout shelters may be located within five feet (51) of any property line and shall be exempt from maximum lot coverage requirements. d. No part of an accessory building on a corner lot located within twenty five (251) of an adjacent resident- ially zoned lot (either directly or across an alley) shall be nearer to such adjacent lot than the least depth of the existing front yard or required street side yard for a building on such adjacent lot, nor shall accessory building project into the side or front yard for the principal building to which it is necessary. e. Coverage of rear yard by accessory buildings shall not exceed twenty five percent (25%). f. No accessory building or portion thereof located in a required rear yard shall exceed fifteen (15) feet in height. c. Family Child Care Home Standards: It is the intent of this provision to provide AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelors P.O. Box 427 Meridian, Idaho 83642 Telephone 8884461 for accessory family child care homes which will not adversely impact sur- rounding properties due to children's noise, traffic and other activities, and which are located away from and properly screend from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: 1. Secure and maintain a child care license from the Idaho State De- partment of Health and Welfare - Child Care Licensing Division if required. 2. Acquire an occupancy certificate and/or building permit. 3. Provide one off-street parking space per employee which may be the driveway to the home. 4. Provide for child pick-up area located off of arterial or col- lector streets. 5. Provide for screening of adjacent properties to protect children from adverse impacts and to pro- vide a buffer between properties. 6. Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or col- lector streets. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. C. Home Occupation Standards: It is the intent of this provision to permit home occupations in residential dwellings which do not change the appearance of the residence nor the condition of its residential character. The following conditions shall apply: AMBROSE, FITZGERALD &CROOKSTON ABomeye and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4481 a. No persons other than members of the family residing on the premises shall be engaged in such oc- cupation; b. The use of the dwelling unit for the home occupation shall be clearly incidential and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unitl shall be used in the conduct of the home occupation; C, No article shall be sold or offered for sale on the premises except such as is produced by the oc- cupants on the premises and no mechancial or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; d. No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home oc- cupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detecteable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. f. In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 865-4461 premises to differ from its res- idential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a home occupation. Section 3. That Section 11-2-418 B. 12 is hereby repealed. Section 4. That Section 11-2-418 B. 12 is hereby re-enacted and shall read as follows: "11-2-418 B. 12: a. In residential districts a petition signed by seventy-five percent (75%) of all those persons owing property within three hundred (300) feet of the external boundaries of the land being considered showing their approval of the proposed conditional use. b. In all districts other than the residential districts the above mentioned 75% petition shall not be required". Section 5. That Section 11-2-418 B. 15 is hereby amended by the addition of the following: "The Application shall include one copy of the subdivision covenants or restrictions or any deed restrictions, and a statement by the Applicant that the proposed use does not violate those covenants or restrictions". Section 6. That Section 11-2-418 B. is hereby amended by the addition thereto of three new subsections to be numbered 16, 17, and 18 which shall read as follows: "16. A statement that the Applicant or the user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial". "17. The Applicant shall be verified by the Applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct". "18. No conditional use shall be granted if it violates any applicable subdivison or deed convenant or restriction". Section 7. That Section 11-2-409, Zoning Schedule of Use Control, is hereby amended and shall as follows in Exhibit "A" which is attached hereto and incorporated herein as if set forth in full. Section 8. EFFECTIVE DATE: These Ordinances shall be in full force and effect from and after its passage, approval and publication according to law. // L PASSED AND APPROVED this (d 7 day��f � �„a �ju-1 , 1988. WEST: CLERK AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. 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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 and zone to the said City real property which is hereinbelow described: JOINT SCHOOL DISTRICT NO. 2 A part of the SE 1/4 of Sec. 8, T. 3 N., R. 1 E., B.M., more particularly described as follows: Beginning at the South 1/4 Corner of Sec. 8, T. 3 N., R. 1 E., B.M., Ada County, Idaho, which bears South 890 32' West, 2571.5 feet from the section corner common to Sections 8, 9, 16 and 17, T. 3 N., R. 1 E., B.M.; thence North on the North-South 1/4 line of Section 8 a distance of 1362.5 feet to a point on the north boundary of the Union Pacific Railroad right of way; thence South 88032' East 498.2 feet along the North boundary of the Union Pacific Railroad right of way to a point, thence South 1350 feet to a point on the south boundary of Sec. 8, T. 3 N., R 1 E., B.M., thence South 89132' West 498.1 feet along the South boundary of said Section 8 to the POINT OF BEGINNING, comprising about 15.6 acres, EXCEPT a parcel of land located in the SW 1/4 of the SE 1/4 of Section 8, -T. 3 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the South 1/4 corner.of said Section 8, thence North 89°32' East 393.20 feet along the South boundary of said Section 8 to the REAL POINT OF BEGINNING; thence North 232.00 feet to a point; thence North 89032' East 105.00 feet to a point; thence South 232.00 feet to a point on the south boundary of said Section 8; thence South 890 32' West 105.00 feet along the South boundary of said Section 8 to the REAL POINT OF BEGINNING, comprising about 0.6 acre. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83812. Telephone 588.1481 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR 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: LIGHT INDUSTRIAL. Section 2: That this Ordinance does not supercede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 4--A day of er AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8884401 ,Ja 'k • ' e a =-City Cler ATE 9V IDAHO, County of Ada, APPROVED: Mayor --Grant f. lCing'sford I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PART OF THE SE 1/4 OF SECTION 8, T. 3 N., R. 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. b the City Council and Mayor of the City of Meridian, on the day of ti_ 74-10_ c,,— , 1988, as the same appears in my office. DATED this day, of '/>LL iir�� , 1988. STATE OF IDAHO, ) ss. County of Ada, ) On this da o _ika�i �,1988, before me, the undersiged, a Notary Public for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �IgeQeo9s,,y� SEAL jj\° p... s 0•(®EO6:OO ONJdy➢9096eb��J AMBROSE, FITZGERALD & CROOKSTON 4estary Public for Idaho iding at: Meridian, Idaho Nil eic'es,.s f -f-93 Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 Ada County, Idaho, X16 DATE 1 /�JONN TI A ORDINANCE NO.- � AN ORDINANCE MAKING ALL APPROPRIATION OF MONEY FOR ALL THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN,, ADA COUNTY-,( IDAHO FOR THE FISCAL YEAR COMMENCING THE FIRST DAY' OF OCTOBER,, 1988,. AND ENDING THE THIRTIETH DAY OF SEPTEMBER,, 1989,. THIS ORDINANCE BEING KNOW AS THE ANNUAL APPROPRIATI6N BILL,, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIIDAN,, ADA COUNTY,, IDAHO: Section 1. That the following is a statement of the proposed revenues cif the City of Meridian,, Ada County,I Idaho, from all sources for the fiscal year commencing October 1,, 1988,, and ending September 30, 1989, to wit: Payment for Services ------------------ $ 198,,750.00 Franchise Payments-------------------- 40'000.00 Permits & Licenses-------------------- 87,,650.00 Court Revenue------------------------- 42,.000.00 State Revenue Sharing----------------- 166,600.00 Grant Fudns (Park)-------------------- 101000.00 Taxes--------------------------------- 491,1760.00 State Sales Tax----------------------- 191,500.00 Sundry Sources------------------------ 39,,000.00 Enterprise,, Water & Sewer------------- 1,,657500.00 Liquor Apportionement----------------- 14000.00 Transfer In Construction Fund--------- 85,1000.00 Grant Funds Water & Sewer-----=------- 400,,000.00 TOTAL REVENUE 3,1251,760.00 Section 2. That the following sums of money,, or so much thereof as may be necessary,, are hereby appropriated out of any money in the City Treasury of the City of Meridian, Ada County,, Idaho, not otherwise appropriated, for the purpose of defraying any and all necessary expenses and liabilities for the said City of Meridian, to be incurred for the general municipal purposes for the fiscal year commencing the 1st day of October, 1988 and ending the 30th day of September 1989, said purposes being as follows, to wit: Legislative--------------------------- 14,400.00 Executive----------------------------- 9;600.00 Administrative------------------------ 29,000.00 Office Equipment---------------------- 21000.00 Health & Accident,. All Funds---------- 871,300.00 Public Employees retirement,, All Funds 69,300.00 Supplemental Accident,, All Funds------ 321.500.00 Election & Miscellaneaus-------------- 700.00 Social Security,, All funds------------ 58,,300.00 Federal Unemployment------------------ I.If ,000.00 (2) Legal Fees, Including Pass Thru------- 30,000.00 Other General Salariew---------------- 52,000.00 Boat License-------------------------- 16;000.00 Other General Government-------------- 20,000.00 Printing -------------------- 2000.00 General Government Buildings---------- 12,000.00 Police Administrative----------------- 45;825.00 Police Patrolmen---------------------- 214000.00 Police Office------------------------- 6600.00 Police False Arrest------------------- 13,,000.00 Police Investigator------------------- 34;925.00 Police Building & Structure----------- 12;000.00 Police Communications----------------- 9100.00 Police Training & Reserves------------ 5i 850.00 Police School Patrol------------------ 26;425.00 Police Legal Fees--------------------- 50;000.00 Police Misc. - Expense---------------- X600.00 Police Capital Outlay----------------- 12,000.00 Animal Shelter & Control-------------- 25;650.00 Fire Control-------------------------- 147200.00 Firer QUR----------------------------- 20;000.00 Buil ing Inspections------------------ 20,000.00 Electrical Inspections---------------- 5;000.00 Street Lighting----------------------- 36,000.00 Engineering, f All Funds---------------- 6,500.00 Recreation, Playgrounds--------------- 44,300.00 Recreation Programs------------------ 7500.00 Insurance, All funds------------------ 56,800.00 Water Administration------------------ 117,000.00 Sewer Administration ------------------ 160,120.00 Water Pumping------------------------- 48000.00 Sewer Lift & Pumping------------------ 6,`500.00 Water Treatment & Expense------------- 243,300.00 Sewer Treatman Plant------------------ 294,180.00 Water Customer Accounts--------------- 25,000.00 Sewer Customer Accounts--------------- 33;000.00 Bond Redemption----------------------- 197:100.00 Capital Outlay------------------------ 20000.00 Revenue Not Available for Operations Water & Sewer Hookup Fees------------- 95,000.00 Contract Sanitary Service------------- 300:000.00 Capital Outlay -City Hall-------------- 4;185.00 Special Project Water & Sewer--------- 4850000.00 Total; Expenditures 30251,:760.00 Section 3. The amount of money derived from funds or -sources created by law for the specified purposes in this ordinance Provided is hereby appropriated for. such purpose and no other. (3) Section 4. the City Clerk of the City of Meridian is hereby authorized,, upon presentation fo proper vouchers approved by the Mayor and City Council of the City of Meridian as provided by law, to draw his warrant on the funds above stated and against the appropriation as made in the preceeding sections of this Ordinance,, in favor of the parties entitled thereto. Section 5. That this Ordinance be,, and the same is hereby designated as "THE ANNUAL APPROPRIATION BILL OF THE CITY OF MERIDIAN, ADA COUNTY,, IDAHO, FOR THE FISCAL YEAR OF 1988-198." Section 6. WHEREAS,, there is an emergancy therefor,, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its passage,, approval and publication as required by law. PASSES by the City Council and approved by the Mayor of the City of Meriidan,I Ada County,t Idaho,, this 6th day of September 1988. APPROVED: G NT P. KINGSIVORDr,, MYOR ATTEST: pc: Secretary Ada County State Tax Ada County AIC File of State Auditor/Recorder Commission Tax Collector