Farrington, Opal AZ 00-012..TTY CLERK FILE CHECKLIST
Project Name: Opal Farrington File No. AZ 00-012
Contact Name: Cecyle Brock Phone: 362-0639
Date Received from Planning and Zoning Department:
Planning and Zoning Level: Hearing Date:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners: _
❑ Planning and Zoning Commission Recommendation
Notes:
City Council Level:
Q Transmittals to agencies and others:
❑x Notice to newspaper with publish dates:
n Certifieds to property owners:
0 City Council Action:
and
E Approve [—] Deny
Hearing Date: July 18, 2000
n/a
06/30/00 and 07/14/00
06/29/00
x❑ Approve F� Deny
x❑ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:
❑ Approved by Council:
❑ Copies Disbursed:
❑ Findings Recorded
Development Agreement:
❑ Sent for signatures:
❑ Signed by all parties:
❑ Approved by Council:
❑ Recorded:
❑ Copies Disbursed:
Ordinance No. Resolution No.
❑ Approved by Council:
❑ Recorded: Deadline: 10 days
❑ Published in newspaper:
❑ Copies Disbursed:
Notes:
Auqust 4, 2000
Resolutions:
Original Res / Copy Cert: Minute book
Copy Res f Copy Cert: City Clerk
City Engineer
City Planner
City Attorney
Sterling Coders
Project File
Copy Res I Original Cert:
Ada County (CPAs)
Applicant (non -CPAs)
Recorded Ordinances:
Original: Minutebook
Copies to: City Clerk
State Tax Comm.
State Treasurer,Auditor, Assessor
Ste 'ling
Codifiers
City Attorney
City Engineer
City Planner
Project file
Applicant (if appl.)
Findings I Orders:
Original: Minutebook
Copies to: Applicant
Project file
City Engineer
City Planner
City Attorney
Record Vacation Findings •'
Recorded Development Agreements:
Original: Fireproof File
Copies to.Applicant
Project file
City Engineer
City Planner
City Attorney
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 7:00 p.m. on June 13, 2000 for the purpose of reviewing
and considering the application of Opal Farrington for annexation and zoning of 4.7
acres from R-1 to R-4 for proposed addition of house.
A more particular 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.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 19th day of May, 2000.
�� „off '�r�, •,,
v„� O
_SAL
PUBLISH May 26 aril
\,\4
;/ - J7 91.
WILLIAM G. BERG, JR1,CAY CLERK
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000
TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000
FILE NUMBER: AZ -00-012
REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone
BY: Opal C. Farrington
LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins
Way
- SALLY NORTON
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
_SANITARY SERVICE
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE REMARKS:
HUB OF TREASURE VALLEY
MAYOR
Robert D. CO]Tie
A Good Place to Live
LEGAL DEPARTMENT
CITY OF MERIDIAN
(208) 288-2499 • Fax 288-2501
CITY COUNCIL MEMBERS
PUBLIC WORKS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-2211 • Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
-
City Clerk Office Fax (208) 8884218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000
TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000
FILE NUMBER: AZ -00-012
REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone
BY: Opal C. Farrington
LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins
Way
- SALLY NORTON
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
_SANITARY SERVICE
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE REMARKS:
CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
Phone: (208) 888-4433
Fax: (208) 887-4813
APPLICATION FOR ANNEXATION AND ZONING OR REZONE
PROPOSED NAME OF SUBDIVISION: NA
GENERAL LOCATION: NW CORNER E PINE & ADKINS WAY
TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL)- RESIDENTIAL
ACRES OF LAND IN PROPOSED ANNEXATION: 4.7
PRESENT LAND USE -
PROPOSED LAND USE
2 HOMES & FIELD
-- 3 HOMES & FIELD
PRESENT ZONING DISTRICT: R 1
PROPOSED ZONING DISTRICT: R4
.RFcp;n--TD\-
MAY 0 1 2000
p U1194.
AZ.-00- 017 -
APPLICANT: MRS • OPAL C FARRINGTON
PHONE: 888-3339
ADDRESS: 1180 E PINE STREET, MERIDIAN, ID 83642
ENGINEER, SURVEYOR, OR PLANNER: NA PHONE:
ADDRESS:
OWNERS) OF RECORD: OPAL C FARRINGTON PHONE: 888-3339
_
ADDRESS: _1180 E PINE STREET, MERIDIAN, ID 83642
Signature of Applicant
1
2
3
4
5
6
7
8
9
12
13
14
15
16
17
Opal C Farrington -- Af f lceA'-�
1180 E Pine Street, Meridian, ID 83642
(208)888-3339
Opal C Farrington --
1180 E Pine Street, Meridian, ID 83642
(208)888-3339
**See attached warranty deed copy
See attached Copy - fllpfGr- lea recurs} Chi !'
See attached - I-ec d ew,Pko- Or
Residential - 07 5�`� 1{ �{•�� �uir,es
Residential 3
R1 - County
R4 - Meridian City
City Services are available at this time on the South side of Pine Street. We are completely surrounded
by the city.
Residential users are on three sides of property.
The proposed zoning amendment would be more efficient for city services. Land use chapters 1.1 U, 2.1 U,
2.51J, 2.5U, Housing - 1.12, 1.130.
See attached //'_ A90" Aly
See attached
See attached
Fees attached
See attached
See attached � ��d.4.: � of �•uc �.� Care a/�l� i�#,�., ®� Fie �� C, ) N`'lI ,
IN WITNESS WIIEREOF, The said part ies
and seal s the day and year first above written.
of the first part ha ve hereunto set their hands
SIGNED SEALED AND DELIVERED IN PRESENCE OF
-.i-- ...... f ---------------------- (Seal)
---.---. �.
.................................................. ------------------------------------------------------------
------------------- (Sea])
------------------------------------------------------------------------------------------- (Sea])
STATE OF IDAHO,
County of Ada
ss.
On this 18th day of February in the year 19 46 , before me
the Undersigned, a Notary Public
in *and for said State, personally appeared
J. B. RUSSELL, a widower, and LORA V. HOLIES, a widow
known to me to be the person s whose name s are subscribed to the within instrument, and
.acknowledged to me that t hey 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. Q,
--------------->LA. . .._
Notary Pu is or the State of Idaho,
Residing at Boise , Idaho.
000
i
v
r...jy c0i 'U
J S
�.., y� H d• � ) � o OJU, W
E-Ij 9i
cu
zy: a; Q_i
U CJ w a o o .w (�
•` i
I�
I
�i
I f
881--*VA.ItILANTY -DEED
j TIIIS INDENTURE, Made this
i
between
fnM
�AIJ RT /TRAw h CO.. ■TATIOR►RM . ROIBL
18th day of Feb ruary , 19 46 ,
J. B. RUSSELL, a widower, and I.ORA V. HOIMES, a widow
of Boise ,County of Ada
State of Idaho ,
the parties of the first part, and
CECIL FARRINGTON and OPAL FARRINGTON, husband and Rife
of Meridian , County of Ada , State of Idaho
the part ies of the second part.
WITNESSETH, That the said part iea of the first hart, for and in consideration of the suill of
THREE THOUSAND AND N01100 ------------ ------------------------ .;.----
DOLLARS,
lawful money of the United States of America, to them in
hand paid by the said part ies of the second part, the receipt whereof is hereby acknowledged, ha ve
granted, bargained and sold, and by these presents do grant, bargain, sell convey and confirm unto
the said parties of the second part, and to their heirs and assigns forever, all of the followingde-
scribed real estate, situated in Me rid ian , County of Ada
State
of Idaho , to -wit:
e
Lot Five (5) of East Side Addition to Meridian, in Southeast
Quarter of Northeast Quarter (SE4 NE4) of Section Seven (7),
Township Three (3) North, Range One (1) East of Boise Meridian,
in Ada County, State of Idaho.
Subject to the 1946 Taxes and Assessments.
IIODU�IIs.\'T.11iT
DOCUMEN 41Y DOC�'1�sTT.1` Y Dpg� MEI�I�Ar
O�
�'1�J .... '�qi.P�' .. ......I���IT •� CENTS 110
Li,�TGU�fATFS, LO ICENTS IO 1110 CENTSLL:JJ'' �
#3
May 1, 2000
I Opal C Farrington request a zoning amendment for my property at 1130 & 1180 East
Pine Street and the adjoining property per the attached legal discription from
Power Engineers.
Sincerely,
STATE OF Idaho
ss.
Op9l C Farrington
COUNTY OF Ada )
On this -laday of 2000
before me, `p C ��2 t -.yix A A -I' , a Notary
Public in and for said state, personally appeared
Opal C Farrington
identified to me to be the person whose name is
attached to the foregoing statement, and acknowledged
to me that (he/she)executed the same.
IN WITNESS WHEREOF, I have hereunto placed
my official hand and seal the day and year in
this certificate first aboW written.
Notary p is f& Idaho
Residing at Boise
Commission Expires:o
I-.
trAjAckcOr
PROJECT: 528057
DATE: April 20, 2000
DESCRIPTION FOR ANNEXATION
OPAL C. FARRINGTON TRUST
LOT 5 OF EASTSIDE ADDITION TO MERIDIAN
AND A PORTION OF PINE AVENUE, AND A PORTION OF ADKINS STREET
SITUATED IN THE SOUTHEAST'/4 OF THE NORTHEAST 1/4
SECTION 7
T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO
A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record in the office of the Ada
County Recorder in Book 4 of Plats, at page 158, and a portion of Pine Avenue, and a portion of Adkins Street, all
situated in the Southeast'/4 of the Northeast'/4 of Section 7, Township 3 North, Range I East, Boise Meridian, Ada
County, Idaho, and more particularly described as follows:
Commencing at a brass cap monumenting the southeast corner of said Northeast'/4 of Section 7, from
which the southwest corner of said Northeast '/4 bears South 89007'04" West 2647.61 feet;
thence along the southerly boundary of said Northeast '/4 of Section 7, said southerly boundary also being
the centerline of Pine Avenue, South 89°07'04" West 674.38 feet to the intersection of Pine Avenue and Adkins
Street, being the POINT OF BEGINNING;
thence continuing along said southerly boundary and centerline, South 89007'04" West 334.68 feet;
thence leaving said southerly boundary and centerline, North 00°02'59" East 25.00 feet to an iron pin on
the northerly right-of-way of said Pine Avenue monumenting the southwesterly corner of said Lot 5;
Pence along the westerly boundary of said Lot 5, North 00°02'59" East 654.13 feet to the northwest corner
of said Lot 5;
thence leaving said westerly boundary and along the northerly boundary of said Lot 5
North 89°21'51" East 314.47 feet to an iron pin monumenting the northeast corner of said Lot 5;
thence continuing North 89°21'51" East 20.00 feet to the centerline of said Adkins Street;
thence along said centerline South 00°02'01" West 677.69 feet to the POINT OF BEGINNING,
comprising 5.210 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-described parcel of
land.
PR At Prepared by: �� kL COs,
BY-- POWER ENG EERS c ��GISTF9FoG9G
MAY U 4 2000
a
flIDIAN PUBI C WORKS DCF
SCW:EDM
POWER gin'JUNJWimporated
1295 S. Eagle Flight Way
Steven C. Wellington, L. S.
Page I of I
Phone (208) 378-0022
I �
I
I
I
I
I
�— 121.05
�I
�I
cO
i
wl
rnl
�1
NI
O
O
001 I
Z
I 1.0 f ACRES
I
I
I 28.6
1
I
ILO
M
I00
30.4
0I
0
L6
7 ��
2.7 f ACRE_
00
00
o6
N
FS69'07'04" W 120.00
IO
O
IM
1�
I�
I�
10
N P Ai 'R T
22.4
I
I
100._00 _ 94_67 _
S 69°07'04 W 194.67
CE PINE AVENUE
#16
.A,
May 1, 2000
I Opal C Farrington will post my property at the corner of East Pine and Adkins Way
(1) week prior to the public hearing.
Sincerely,
r i
-Torail C Farrington
STATE OF Idaho )
) ss.
COUNTY OF Ada )
On this / day of2000
before me, 'F, L, � cC� Y , a Notary
Public in and for said state, personally appeared
Opal C Farrington
identified to me to be the person whose name is
attached to the foregoing statement, and acknowledged
to me that (he/she executed the same.
IN WITNESS WHEREOF, I have hereunto placed
my official hand and seal the day and year in
this certificate first a
Notary public or Idaho
Residing at Boise
Commission Expires: 3 �a
#17
May 1, 2000
I Opal C Farrington have read the contents of thereof and verify that all
the information I am submitting is true to the best of my knowledge.
Sincerely,
Opal C Farrington
STATE OF Idaho )
) ss.
COUNTY OF Ada )
On this day of 2000
before me, C, (-04ee .te�9.f ,g �/ , a Notary
Public in and for said state, personally appeared
Opal C Farrington
identified to me to be the person whose name is
attached to the foregoing statement, and acknowledged
to me that (he/she)executed the same.
IN WITNESS WHEREOF, I have hereunto placed
my official hand and seal the day and year in
this certificate first abqve written.
Notary' pubic for Idaho
Residing at Boise
Commission Expires:f/�/
PFMD01
Parcel
Name
99 M A S T E R U P D A T E 12/03/99 14:06:10
R2039261300 Com Area 210 Type Qty Value ACTIVE
FARRINGTON OPAL TRUST 150 1.000 45000
FARRINGTON OPAL C TRUSTEE 370 94500 Bank Code
Buyer 990 47250-
C/O
Address 1180 E PINE AVE
MERIDIAN ID
83642 - 5936
Last Change : 98/02/02 By : ASVLADIY
Desc. E 120' OF S 363' OF LOT 5
EAST SIDE ADD MERIDIAN
9159820
Total 92250
Prepaid
L.I.D.
Bankrupt _
Sub.Code
Annexation *NO
Notes *NO
Exemption
00569000005B 39 -1E07 Hardship 65 0
Property Zoning R1 Flag
Address 01180 E PINE AVE MERIDIAN ID 83642-0000 D.D. _
Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action:
F2=Select F3=Exit FS=Corrctd Notice P6=Letters F9=UR F8=Assoc Address F11=Deed
PFMD01
99 M A S T E R U
P D A T E
12/03/99 14:06:00
ACTIVE
Parcel
R2039261200 Cod�Area 210
Type Qty
150 3.700_
.-value
70000
Name
FARRINGTON OPAL C RUST
37-0
57700 Bank Code
FARRINGTON OPAL C TRUSTEE
Prepaid
Buyer
o
Address
1180 E PINE AVE
L.I.D. _
Bankrupt _
MERIDIAN ID
Sub.Code _
5936
Annexation *NO
Last Change 9 02 11 By : ASVLADIY
Total
Notes *NO
127700
Desc.
LOT 5 EXC E 120' OF S 363'
Exemption
EAST SIDE ADD MERIDIAN
#9159821
0 5 0 5A N 1E 07
Hardship 65
0
Property
01130 E PINE
Zoning R1
AVE MERIDIAN
Flag _
ID 83642-0000 D.D. _
Address
Space #
Type 1 REAL Roll
1 PRIMARY Occ.
U Action: _
F2=Select F3=Exit F5=Corrctd Notice
F6=Letters F9=UR
F8=Assoc Address F11=Deed
�r
M t j ,n
m ! fh Cy M n l .Z0 H O iW
tj
OU
tTj ca
En
ru
r 1 i-' w
�/„�'a�l�
? Cs7 W
CD
i 0 0 i
C.
� ,FA
a ;n ;O� ' 3
•ogt,pl' 9Tg It, 2uipisazl
'ogt,pI Io a3qS aq4 ao ai nd KauloN
•ua}Iiam anogt; Isag aluagilaaa sill ui auas
put, sup aqj 'Inas It,iaUjo Xw paxiijt, put, puuq Au las olunaaaq ant,tt I `dOaZIaHM SSaNZIA'1 NI
•aurt,s aqj papaaxa AOIJ q. 41eg4 auI 04 pa.'OpalMou3jW'
put; `Iuaulna4sui uigltm aq4 of pagiaasgns eats s auzru asogm s uosaad aq4 aq of aut of umouq
AtopTAt to CSWIOR •A yuoI Puv `aoxopTM v `TIaS3iu 'S 'P
paat,addu 911imosaad `apljS pit,s aoj put,.ui
atignd A.igoN t, 'Pou2Psa0pun oqg
atu a.topq ` 9t► Gi .It,aA aq1 ui Amnagod jo At,p gq-91 sill u0
VPV jo AjunoD
•ss
`OHvGl .SIO RIVILS
----------------------------------------------------------- ----------------------------------------------------------------------------------------------
It, S ----. _..
-------------------------------
---------------------------------------------------------------------------------------------
QuaS) -�v- - ----------
--- - --- ---- -- -
Quas)— ---------------- W.- ... .......................................... . -
- --- ----- 1.3 .... . ..........
ao aDNasaaa All aaUaAI'IaQ (INV Q lVaS QlffAIJIS
-ua,44pm anogtt Isag at,aA pus yup a111 s It,as put,
sput,q a'Ioq; las olunaaaq ob uq laud Is.ig aqj jo sod I.ird piss atiy `�,IOHIIaIIA1 SS�?NZIr1A NI
-881-1VARRANTY DEED _
i
THIS INDENTURE, Made this 18th
' `IR 9Ai.1 )!T 6TRAM'X A CO.. aTATtOXF.RR . ROIB%
day of February
, 19 46
i
between
J. B. RUSSELL, a widower, and IDRA V. ROWS, a widow
i
of Boise , County of Ada , State of Idaho
!, the parties of the first part, and
i
! CECIL FARRINGTON and OPAL FARRINGTON, husband and Rife
of Meridian , County of Ada , State of Idaho
it
the part ies of the second part.
WITNESSETH, That the said part ies of the first part, for and in consideration of the sun, of
THREE THOUSAND AND N01100------------------------------------------ llthem i ,
lawful money of the United States of America, to thein n
ereby acknowledged,ve
hand paid by the said part ies of the second part, the receipt whereof is hr unto
granted, bargained and sold, and by these presents do grant, bargain, sell convey and confirm u
the said part ies of the second part, and to their heirs and assigns forever, all of the following de-
scribed real estate, situated in Me rid Jan , County of Ada
State
of Idaho , to -wit:
0
Lot Five (5) of East Side Addition to Meridian, in Southeast
Quarter of Northeast Quarter (SE -41 NE -1 of Section Seven (?),
Township Three (3) North, Range One (1) East of Boise Meridian,
in Ada County, State of Idaho.
Subject to the 1946 Taxes and Assessments.
w R3 r• ':
�''• �
F
IMElII'1AY
J t 'fes
`��.��P� PP1TED Ctl'l�' .S ... 10, 10 ENTS �lVj
CEMTS l 1
TOGETHER, With all and singular the tenements, hereditaments and appurtenances thereunto be-
longing or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues
and profits thereof; and all estate, right, title and interest in and to the said property, as well in law as
in equity, of the said part ies of the first part.
TO HAVE AND TO HOLD, All and singular the above mentioned and described premises, together
with the appurtenances, unto the part ies of the second part, and to their heirs and assigns forever,
and the said parties of the first part, and their heirs, the said premises in the quiet and peaceable
possession of the said part ies of the second part, their heirs and assigns, against the said part ies
of the first part, and their heirs, and against all and every person and persons whomsoever, lawfully
claiming or to claim the same shall and -,vill WARRANT and by these presents forever DEFEND.
C.
N
D
Z
V
D
Q
a (A
1—u
n
m
G
(D
O
N
3
z
N"
o
C/'
C
�
_
t �
W :SI
N
A
m
n
ac
J
ftl
o
o.
O
<
d
3
G
C
}
P
m
S
D
3
IIh.J
m
d
=
z
c
D
�
P
s
r
N
P
3
p
N
�
ti
O
z
0
D
C
D
X
>
D
r—
G
0
O
�113
OPAL FARRINGTON 09-82
DONNA HARDIMAN
1180 EAST PINE 208-888-3339
MERIDIAN, IDAHO 83642
f IPAY R OFF
�%% / s—a L (),, ^ � D't� . �'V C Civ`'✓l.(rc/GlJ `�� 6/� / f{;�' setae a iaaw,e 4,
Washington --/Federal Savings
Meridian Office
M 713 East 1st St Meridian, ID 836-12 Illl
ei FOR �- I• -L 1C L SL `�� /�rC- c �' U,t M'
1: 3 24 L 7008 S1: 0`34 7 208 S 7 LII' L S 79
City of Meridian • • • • City Clerks Office
33 E Idaho Ave. Meridian, ID. 83642
direct (208) 888-4433 - fax (208) 888-4218
Fax Cover Sheet
Date: `' I d c I
To: 6 b6(y)
From: 611, 1 �i z
1"
Pages including cover: 3
Regarding: m4 d (1 5'A - mu r)�c i F Gwi ► nq4nn
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
CHRISTOPHER S. NYE
WM. F. GIGRAY, III
PHILIP A. PETERSON
BRENT JOHNSON
ERIC S. ROSSMAN
D. SAMUEL JOHNSON
TODD A. ROSSMAN
LARRY D. MOORE
DAVID M. SWARTLEY
WILLIAM A. MORROW
TERRENCE R. WHITE"
WILLIAM F. NICHOLS*
*ALSO ADMITTED IN OR
--ALSO ADMITTED IN WA
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288.2501
March 22, 2001
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466.9272
FAX (208) 466.4405
RECEi �TT
MAR 2 3 2001
City of Meridian
City Clerk Office
Re: Ordinance No. 01-913, Summary of Publication
Dear Will:
PLEASE REPLY TO
MERIDIAN OFFICE
Pursuant to the direction of the Meridian City Council, this office has
prepared a summarization of the ordinance providing for an annexation and zoning
ordinance for Opal Farrington, pursuant to the City's action. I do hereby advise the
City, and make this statement, that said summary is true and complete and provides
adequate notice to the public of the provisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant
to the provisions of Idaho Code § 50-901(A).
Very truly yours,
Wm. F. Nichols
Enclosure
Z:\Worlc\M\Meridian\Meridian 15360M\Ordinances City Hall\2001 Ordinances\BergSumOrd022201 Ltr.wpd
?"N,
NOTICE AND PUBLISHED SUMMARY
OR ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 01-913
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for land owned by Opal Farrington
consisting of 4.70 acres with a zoning designation of R-4 Low Density Residential; and to provide
providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and
rescinded; and providing an effective date.
Legal Description
A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record in the office of the Ada
County Recorder in Book 4 of Plats, at page 158, and a portion of Pine Avenue, and a portion of Adkins
Street, all situated in the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monumenting the southeast corner of said Northeast 1/4 of Section 7, from
which the southwest corner of said Northeast 1/4 bears South 89007'04" West 2647.61 feet;
thence along the southerly boundary of said Northeast 1/4 of Section 7, said southerly boundary also being
the centerline of Pine Avenue, South 89007'04" West 674.38 feet to the intersection of Pine Avenue and
Adkins Street, being the POINT OF BEGINNING;
thence continuing along said southerly boundary and centerline, South 89007'04" West 334.68 feet;
thence leaving said southerly boundary and centerline, North 00002'59" East 25.00 feet to an iron pin on
the northerly right-of-way of said Pine Avenue monumenting the southwesterly corner of said Lot 5;
thence along the westerly boundary of said Lot 5, North 00002'59" East 654.13 feet to the northwest
corner of said Lot 5;
thence leaving said westerly boundary and along the northerly boundary of said Lot 5 North 89021'51"
East 314.47 feet to an iron pin monumenting the northeast corner of said Lot 5;
thence continuing North 89°21'51" East 20.00 feet to the centerline of said Adkins Street;
thence along said centerline South 00002'01" West 677.69 feet to the POINT OF BEGINNING,
comprising 5.210 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-described parcel of land.
i""
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of
, 2001.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
Z:\Work\History\M\Meridian\Farrington Opal AZ\SUMANNEXZONGORD.doc
r1D A COUNTY RECORDER
J. 9,VrriD N VARRO
2001 HP 21 Pik 1: 29
RECORDED -RE U ST OF
Gf
101025147
FILE COPY
CITY OF MERIDIAN
ORDINANCE NO. al'?15
f ✓
AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE OPAL C.
FARRINGTON TRUST WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY
LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND
FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY
OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL
DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL
MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE
CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP
OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR,
TREASURERAND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE
OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is
contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has
received a written request for annexation to the City of Meridian, Idaho, by the owner of said
Property to wit:
A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record
in the office of the Ada County Recorder in Book 4 of Plats, at page 158, and
* ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 1
a portion of Pine Avenue, and a portion of Adkins Street, all situated in the
Southeast 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a brass cap monumenting the southeast corner of said
Northeast 1/4 of Section 7, from which the southwest corner of said Northeast
1/4 bears South 89°07'04" West 2647.61 feet;
thence along the southerly boundary of said Northeast 1/4 of Section 7, said
southerly boundary also being the centerline of Pine Avenue, South 89°07'04"
West 674.38 feet to the intersection of Pine Avenue and Adkins Street, being
the POINT OF BEGINNING;
thence continuing -along said southerly boundary and centerline, South
89°07'04" West 334.68 feet;
thence leaving said southerly boundary and centerline, North 00°02'59" East
25.00 feet to an iron pin on the northerly right-of-way of said Pine Avenue
monumenting the southwesterly corner of said Lot 5;
thence along the westerly boundary of said Lot 5, North 00002'59" East 654.13
feet to the northwest comer of said Lot 5;
thence leaving said westerly boundary and along the northerly boundary of said
Lot 5 North 89021'51" East 314.47 feet to an iron pin monumenting the
northeast comer of said Lot 5;
thence continuing North 89°21'51" East 20.00 feet to the centerline of said
Adkins Street;
thence along said centerline South 00°02'01" West 677.69 feet to the POINT
OF BEGINNING, comprising 5.210 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 2
SECTION 2: That the above-described real property be, and the same is
hereby annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to
the City of Meridian hereinabove described shall be zoned Low Density Residential District
SECTION 4: That the City Engineer is hereby directed to alter all use
and area maps as well as the official zoning maps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this
ordinance is subject to the terms and conditions of the Findings of Fact and Conclusions of
Law and Decision and Order Granting Application For Annexation and Zoning, Case No.
AZ -00-012, and that the uses are to be developed under the Mixed Planned Use
Development process.
SECTION 6: All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and
after its passage, approval and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (10)
days following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner plainly and clearly designating the boundaries of
ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 3
the City of Meridian, including the lands herein annexed, with the following officials of the
County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and
shall also file simultaneously a certified copy of this ordinance and map with the State Tax
Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-
223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2177'day
Of , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20t—
day of &t6 , 2000.
r
MAYOR a+;u►,�
ATTE T: OF "1110
CITY CLERK $L
STATE OF IDAHO,)
: ss. fly
County of Ada. *
/J, a+t'�
On this !i tJ day of 64A/VA,/ , 2000, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me
to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WI I have hereunto set my hand and affixed my official seal the day
and year first above wr.�%teW '
xf
f OT YU LIq FOR IDAHO
(SEAL) ° ``.7�' . h7
goes* • MY COMMISSION EXPIRES. 0
msg\Z:\Work\M\Meridian 15360NUarrington Opal AZ\AZOrd
ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 4
f,,;.a. �c`+N �i5€. _ � '9k{��.Ya �'t'�� '?��''i.�`� �.i+�. � 'x� .:���y��,��yW. _. �• �p�y�— y���Y p� �p� f�{�y y� y�y{yp
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County
State of Idaho, do hereby certify that the attached copy of Ordinance No. dl-ql3
passed by the City Council of the City of Meridian, on the day of�G�
2000, is a true and correct copy of the original of said document which is in the care,
custody and control of Sq,,Qk4y Qerk of the City of Meridian.
STATE OF IDAHO,
County of Ada,
.yOF
. ss.
G. BERG, JR.
On this day of { y2,A(& , in the year 2000, before me,
a Notary Public, appeared
WILLIAM G. BER , J , known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
*# 06610ma'a
U •
�W'OT
e`q�;%��.`.
' IN
o
(SEAL) •
• �, Nota P is r Idaho
�.�''�C�� Commission xpires:
• ' OF IV •
�asr..••
msg\Z:\Work\M\Meridian 15360M\Farrington Opal AZ\CertificationOfClerkOrd
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ -00-012
n
�F��r1�� 1'�opC� n{Icfahn ,
STATE TAX COMMISSION
SIX) Park Blvd- Plaza IV • Boise. ID 83722
July 11, 2001
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho Avenue
Meridian, ID 83642
Subject: Ordinance Nos. 01-900, 01-913, 01-914, and 01-915
Dear Mr. Berg:
RECEIVED
CITy OF %FRIDL�N
The Idaho State Tax Commission has reviewed and processed the following action(s):
Ordinance Nos. 01-900, 01-913, 01-914, and 01-915
When this action has been completed, any changes dictated by this action(s) will appear -$
on the year 2002 tax code area maps. -
Sincerely,
t•
Craig Johnson
GIS Analyst
Technical Support Bureau
CC: County Assessor
County Clerk
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529
RECORDED- REQUEST
Cr�IyT`f RECORDER—J tio[Fli i
_ - ^ �>U1,
010`248
39
MERIDIAN vVI
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Opal C. Farrington, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this_0 day of 1'WA� by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and OPAL C. FARRINGTON TRUST, hereinafter
called "OWNERIDEVELOPER", whose address is 1180 E. Pine Street,
Meridian, Idaho 83642.
1. RECITALS:
1.1 WHEREAS, "Owner" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re -zoning that the owner make a written commitment
concerning the use or development of the subject
"Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re -zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Low Density Residential District (R-4), (Meridian City
Code H 11-7-2 C); and
DEVELOPMENT AGREEMENT (AZ -00-012) -1
N
1.5 WHEREAS, "Owner/Developer" made representations at
the public hearings both before the Meridian Planning S&
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning SL Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the L day of AwqUgt, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before , the City Council takes final action on annexation
and zoning designation; and
1.9 "DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
DEVELOPMENT AGREEMENT (AZ -00-012) - 2
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of lawl of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and refers to Opal C.
Farrington, whose address is 1180 E. Pine Street,
Meridian, Idaho 83642, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ -00-012) - 3
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 C which
are herein specified as follows:
(R-4) Low Density Residential District: Only single-
family dwellings shall be permitted and no conditional uses
shall be permitted except for planned residential
development and public schools. The purpose of the R-4
District is to permit the establishment of low density
single-family dwellings, and to delineate those areas where
predominantly residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible nonresidential
uses. The R-4 District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal water and sewer systems of the City.
For the construction and development to add one additional
home on the 4.7 acres.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.A "Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de -annexation, with the City of
Meridian which provides for the following conditions of
development to -wit:
DEVELOPMENT AGREEMENT (AZ -00-012) - 4
5.1 The ACHD requires dedication right-of-way on E. Pine
Street and N. Adkins Lane and to pave the new private
driveway 30 -feet into the site off East Pine.
5.2 Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per
City Ordinance (No. 12-4-13). The ditches to be piped
shall be shown on the site plans. Plans shall be approved
by the appropriate irrigation/drainage district, with written
confirmation of said approval submitted to the Public
Works Department.
5.3 Any existing domestic wells and/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
5.4 Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance.
5.5 Any future subdivision or lot splits within the boundaries
of the subject property shall require submittal of a plat
application and all associated improvements (sidewalks,
streetlights, drainage, etc.) shall be regµired at that time.
5.6 Applicant shall coordinate utility connections with
Meridian Public Works Department.
5.7 Future platting, right-of-way requirements, and any higher
intensity zone that allows a greater number of uses shall be
addressed in a future Development Agreement.
5.8 The existing irrigation ditch on the property must be
maintained including weed removal during the 2000
irrigation season. Further, the ditch must be tiled before
the beginning of the 2001 irrigation season. In the event
that the ditch is not tiled as required by the City Council,
after notice to the applicant, water service to the property
DEVELOPMENT AGREEMENT (AZ -00-012) -5
may be discontinued until such time as this condition is
met.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer"/"Owner" or
"Developer "'s/"Owner's " heirs, successors, assigns, to comply with Section 5
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
"Developer"/"Owner" consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to -wit:
7.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
8. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
9. DEFAULT:
9.1 In the event "Developer"/"Owner",
"Developer"'s/"Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
DEVELOPMENT AGREEMENT (AZ -00-012) -6
comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by "City" of any default by "Developer"/"Owner"
of any one or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"/"Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non -breaching party's
DEVELOPMENT AGREEMENT (AZ -00-012) - 7
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be
performed hereunder by either "Developer "/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer'?"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer'?"Owner" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That
"Developer'?"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de -annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
DEVELOPMENT AGREEMENT (AZ -00-012) - 8
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
1Wd
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Opal C. Farrington
1180 E. Pine Street
Meridian, Idaho 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
DEVELOPMENT AGREEMENT (AZ -00-012) - 9
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Owner/Developer" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner/Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
DEVELOPMENT AGREEMENT (AZ -00-012) - 10
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement
shall be effective on the date the Meridian City Council shall adopt the
amendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (AZ -00-012) - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPER
OPAL C. FARRINGTON
BY:
CITY OF MERIDIAN
BY: k6l
Mayor obert D. Come
Attest: �TOrr ME461
Y
City Clerk
DEVELOPMENT AGREEMENT (AZ -00-012) -12
STATE OF IDAHO
:ss
COUNTY OF ADA
On this/ day of 1,4 in the year 2000,
before me, a Notary Public, personally appeared Opal C.
Farringdon, kno or identified to me to be the person who executed the
„foregoing instrument, and acknowledged to me having executed the same.
A '(SEALr- ota uPlifo—Zld�—
NX,
p `\�' ' Commission expires:
r
STATE'' OF IDAHO )
ss
County of Ada I
)W—
On thisJV 20 day of the year 2000,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
�aaaaaa
0 T-4
`rte•
arm.,
(SSI-)
A �
O
a� MID
0aaasaao
DEVELOPMENT AGREEMENT (AZ -00-012) -13
!Z�-
Notary Pu is fo Idaho
Commission expires: t9-U—D6
EXHIBIT A
Legal Description Of Property
A parcel of land being Lot 5 of Eastside Addition to
Meridian as filed for record in the office of the Ada County
Recorder in Book 4 of Plats, at page 158, and a portion of
Pine Avenue, and a portion of Adkins Street, all situated in
the Southeast 1/4 of the Northeast 1/4 of Section 7,
Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at a brass cap monumenting the southeast
corner of said Northeast 1/4 of Section 7, from which the
southwest corner of said Northeast 1/4 bears South
89°07'04" West 2647.61 feet;
thence along the southerly boundary of said Northeast 1/4 of
Section 7, said southerly boundary also being the centerline
of Pine Avenue, South 89°07'04" West 674.38 feet to the
intersection of Pine Avenue and Adkins Street, being the
POINT OF BEGINNING;
thence continuing along said southerly boundary and
centerline, South 89°07'04" West 334.68 feet;
thence leaving said southerly boundary and centerline,
North 00°02'59" East 25.00 feet to an iron pin on the
northerly right-of-way of said Pine Avenue monumenting the
southwesterly corner of said Lot 5;
thence along the westerly boundary of said Lot 5, North
00°02'59" East 654.13 feet to the northwest corner of said
Lot 5;
thence leaving said westerly boundary and along the
northerly boundary of said Lot 5 North 89°21'51" East
DEVELOPMENT AGREEMENT (AZ -00-012) -14
314.47 feet to an iron pin monumenting the northeast
corner of said Lot 5;
thence continuing North 89°21'51" East 2 0. 00 feet to the
centerline of said Adkins Street;
thence along said centerline South 00°02'01" West 677.69
feet to the POINT OF BEGINNING, comprising 5.210 acres,
more or less.
DEVELOPMENT AGREEMENT (AZ -00-012) - 15
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360M\Fan ington Opal AZ\DevelopAQr
DEVELOPMENT AGREEMENT (AZ -00-012) - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF OPAL
FARRINGTON, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 4.7 ACRES FOR THE
ADDITION OF ONE MORE
HOUSE, LOCATED AT THE
NORTHWEST CORNER OF E.
PINE AND N. ADKINS,
MERIDIAN, IDAHO
Case No. AZ -00-012
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on July 18, 2000, and continued until August 1, 2000, at the hour of
7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and no one appeared in opposition at the July 18, 2000, meeting, and at the
August 1, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, appeared
and testified, and appearing on behalf of the Applicant was Cecilia Brock, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012)
appearing and testifying with comments or concerns was: Bernadine Morgan, and the
City Council having duly considered the evidence and the record in this matter
therefore makes the following Findings of Fact and Conclusions of Law, and Decision
and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for July 18, 2000, and continued until August 1, 2000, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the July 18, 2000, and continued until August 1, 2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012)
r
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 4.7 acres in size and is located at the
northwest corner of E. Pine and N. Adkins.
6. The owner of record of the subject property is Opal C. Farrington, of
Meridian, Idaho.
7. Applicant is owner of record.
8. The property is presently zoned by Ada County as R-1, and consists of
two single family dwellings.
9. The Applicant requests the property be zoned as R-4.
10. The subject property is bordered on all sides by city limits of the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012.)
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: add one more house on the property.
14. The Applicant requests zoning of the subject real property as Low
Density Residential District (R-4) which is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Mixed Planned Use Development.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. ' Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning Commission as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012 )
16.1 The ACHD requires dedication right-of-way on E. Pine Street and N.
Adkins Lane and to pave the new private driveway 30 -feet into the site
off East Pine.
16.2 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance (No. 12-4-13).
The ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, with written
confirmation of said approval submitted to the Public Works
Department.
16.3 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.4 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance.
16.5 Any future subdivision or lot splits within the boundaries of the subject
property shall require submittal of a plat application and all associated
improvements (sidewalks, streetlights, drainage, etc.) shall be required at
that time.
16.6. Applicant shall coordinate utility connections with Meridian Public
Works Department.
16.7 The Planning and Zoning Commission further recommends that the
irrigation ditch shall be tiled and maintained by any way necessary on
the property.
16.8 A Development Agreement shall be required for future platting, right-of-
way requirements, and any higher intensity zone that allows a greater
number of uses.
16.9 The existing irrigation ditch on the property must be maintained
including weed removal during the 2000 irrigation season. Further, the
ditch must be tiled before the beginning of the 2001 irrigation season.
In the event that the ditch is not tiled as required by the City Council,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ -00-012)
after notice to the applicant, water service to the property may be
discontinued until such time as this condition is met.
17. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub -parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement if
there are any future platting, right-of-way requirements, and any higher intensity
zone that allows a greater number of uses.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to; produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It is found that the zoning of the subject real property as Low Density
Residential District (R-4) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012)
assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed/Planned
Use Development.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012)
clearly identifiable.
20.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
21. The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012)
r.
the use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B Comprehensive Plan Policies:
The subject property is designated as Mixed/Planned Use Development in the
Comprehensive Plan Land Use Map. This designation allows all zones except
single family zoning (R-4 and R-8). However, the Economic Development
Chapter (pg. 17) does state that, "Mixed use is a planning category which
refers to the coordinated development of several major uses as part of a single
project, such as specialty retail/commercial, variable density residential,
offices..." Given the adjacent development and the fact that Danbury Fair
Subdivision and Maws Subdivision were zoned R-8 (even though they also fell
under the M/PUD designation in the Comprehensive Plan), the R-4 meets the
intent of this "variable density" language.
Infill Priorities: Policy 1.3, pg. 10, of the Population Growth Chapter states,
"Unimproved or unrealized land within the Meridian city limits and Urban
Service Planning Area should be utilized in order to maximize public
investments, curtail urban sprawl and protect existing agricultural lands from
unnecessary infringement." Also, policy 1. 12, pg. 68, of the Housing Chapter
states, "Land development regulations should be revised to encourage the
infilling of existing vacant parcels within the city limits."
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the
community:
Land Use Chapter
1 AU — Encourage new development which reinforces the City's present development
pattern of higher -density development within the Old Town area and lower -density
development in outlying areas.
FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ -00-012)
2.1 U — Support a variety of residential categories for the purpose of providing the City
with a range of affordable housing opportunities.
2.2U — Support strategies for the development of neighborhood parks within all
residential areas.
2.3U — Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
5.17U — A variety of coordinated, planned and compatible land uses are desirable for
this area (Locust Grove Road and Fairview Avenue area), including low -to -high
density residential, office, light industrial and commercial land uses.
Transportation Chapter
1.20U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types...
in a variety wof locations suitable for residential development.
1.4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and lacility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
Community Design Chapter
5.2 — Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U — Establish land -use designations that reflect the character of existing
neighborhoods.
FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012.)
F."
6. 11 U — Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
5. The zoning of Low Density Residential District (R-4) is defined in the
Zoning Ordinance at § 11-7-2 C. as follows:
(R4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for planned
residential development and public schools. The purpose of the R-4 District is
to permit the establishment of low density single-family dwellings, and to
delineate those areas where predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-4 District allows for a maximum of
four (4) dwelling units per acres and requires connection to the Municipal
water and sewer systems of the City.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a planned
commercial development on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-
2-4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012)
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 4.7
acres to Low Density Residential District (R-4) is granted subject to the terms and
conditions 6f this Order as follows:
Adopt the Recommendations of the Planning and Zoning Commission as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ -00-012)
1.1 The ACHD requires dedication right-of-way on E. Pine Street and N.
Adkins Lane and to pave the new private driveway 30 -feet into the site
off East Pine.
1.2 1 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance (No.12-4-13).
The ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, with written
confirmation of said approval submitted to the Public Works
Department.
1.3 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
1.4 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance.
1.5 Any future subdivision or lot splits within the boundaries of the subject
property shall require submittal of a plat application and all associated
improvements (sidewalks, streetlights, drainage, etc.) shall be required at
that time.
1.6 Applicant shall coordinate utility connections with Meridian Public
Works Department.
1.7 The Planning and Zoning Commission further recommends that the
irrigation ditch shall be tiled and, maintained by any way necessary on
the property.
1.8 A Development Agreement shall be required for future platting, right-of-
way requirements, and any higher intensity zone that allows a greater
number of uses.
1.9 The existing irrigation ditch on the property must be maintained
including weed removal during the 2000 irrigation season. Further, the
ditch must be tiled before the beginning of the 2001 irrigation season.
In the event that the ditch is not tiled as required by the City Council,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ -00-012)
after notice to the applicant, water service to the property may be
discontinued until such time as this condition is met.
2. The application is for annexation and zoning of 4.7 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-4) Low Density Residential
District, and Meridian City Code § 11-7-2 C.
4. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGBY OPAL FARRINGTON
(AZ -00-012)
denial of the annexation and zoning and who may within twenty-eight M) days after
r
the date of this decision and order seek a
Title 67, Idaho Code.
judicial review as provided by Chapter 52,
By action of the City Council at its regular meeting held on the day'
of i �� - , 2000.
ROLL CALL
COUNCILMAN ANDERSON
COUNCILMAN BIRD
COUNCILMAN deWEERD
COUNCILMAN McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAIaR)
DATED:
• • APPROVE
%—
VOTED
VOTED �v
VOTED
(57
VOTED &A,
VOTED
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By:
City Clerk
Dated: 4j-1S-e9d
�00 OF
��trr►ntnur,,,,�,
`O
Elm
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page I =
AND DECISION AND ORDER GRANTING APPLICATION *.7Qr
FOR ANNEXATION AND ZONING/By,� Y OPAL FARRINGTON .4, T
(AZ -00-012)
nt44111t��`
March 16, 2001
AZ 00-012
MERIDIAN CITY COUNCIL MEETING March 20, 2001
APPLICANT Opal Farrington ITEM NO. 3-H
REQUEST D/A - AZ of 4.70 acres from R-1 to R-4 for proposed addition of a home
at the NWC of East Pine Avenue and Adkins Way
AGENCY COMMENTS
CITY CLERK: See attached signed development agreement
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY J,%
CENTRAL DISTRICT HEALTH: U 1
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: [' rock M_- Date: Phone: ZgIaO
�1 V0 2 -57q�7
Materials presented at public meetings shall become property of the City of IVle�dlan.
August 10, 2000 AZ 00-012
MERIDIAN CITY COUNCIL MEETING August 15, 2000
APPLICANT Opal Farrington ITEM NO
C
REQUEST Findings - Annexation and zoning of 4.70 acres for proposed addition
of a home - NW corner of East Pine Avenue and Adkins Way
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
See attached Findings
A)
OTHER:
Contacted: ��I�G�I Fll�-Yrl Yl Date: I [ 4 - (on Phone:
Materials presented at public meetings shall become property of the City of Meridian.
March 16, 2001
AZ 00-012
MERIDIAN CITY COUNCIL MEETING March 20, 2001
APPLICANT Opal Farrington ITEM NO. 6
REQUEST Ordinance - AZ of 4.70 acres from R-1 to R-4 for proposed addition
of a home - NWC of East Pine Avenue and Adkins Wa
AGENCY COMMENTS
CITY CLERK: See attached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE: I
i
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH: �LIL-
NAMPA MERIDIAN IRRIGATION: 0
SETTLERS IRRIGATION: �, V
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: j It (,r C°t. � Date: '2) Gi Phone:
Materials presented at public meetings shall become property of the City of Meridian.
t1 CUU4 i Y R C'MER
E
^, h 129 101025147
2001 MR 2 1 PH
FILE COPY
CITY OF MERIDIAN
ORDINANCE NO. a1415
AN ORDINANCE FINDING THAT CERTN LAND OWNED BY THE OPAL C.
TIGUOUS OR ADJACENT O THE C TY
FARRINGTON TRUST WHICH LIES CON
LIMITS OF THE CITY OF MERIDIAN, MCAODUE A � �ST FOR ANNEXATION IN
FINDING THAT THE OWNER HAS Q
WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY
OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL
DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL
MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE
CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP
OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR,
TREASURERAND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE
OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION I . FINDINGS: That the following described land is
contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has
received a written request for annexation to the City of Meridian, Idaho, by the owner of said
Property to -wit:
A parcel of land being Lot 5 of Eastside Addition to Meridian as filed for record
in the office of the Ada County Recorder in Book 4 of Plats, at page 158, and
ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 1
a portion of Pine Avenue, and a portion of Adkins Street, all situated in the
Southeast 1/4 of the Northeast 1/4 of Section 7, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a brass cap monumenting the southeast corner of said
Northeast 1/4 of Section 7, from which the southwest comer of said Northeast
1/4 bears South 89007'04" West 2647.61 feet;
thence along the southerly boundary of said Northeast 1/4 of Section 7, said
southerly boundary also being the centerline of Pine Avenue, South 89°07'04"
West 674.38 feet to the intersection of Pine Avenue and Adkins Street, being
the POINT OF BEGINNING;
thence continuing -along said southerly boundary and centerline, South
89°07'04" West 334.68 feet;
thence leaving said southerly boundary and centerline, North 00°02'59" East
25.00 feet to an iron pin on the northerly right-of-way of said Pine Avenue
monumenting the southwesterly corner of said Lot 5;
thence along the westerly boundary of said Lot 5, North 00002'59" East 654.13
feet to the northwest corner of said Lot 5;
thence leaving said westerly boundary and along the northerly boundary of said
Lot 5 North 89021'51" East 314.47 feet to an iron pin monumenting the
northeast corner of said Lot 5;
thence continuing North 89°21'51" East 20.00 feet to the centerline of said
Adkins Street;
thence along said centerline South 00°02'01" West 677.69 feet to the POINT
OF BEGINNING, comprising 5.210 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 2
SECTION 2: That the above-described real property be, and the same is
hereby annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to
the City of Meridian hereinabove described shall be zoned Low Density Residential District
SECTION 4: That the City Engineer is hereby directed to alter all use
and area maps as well as the official zoning maps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this
ordinance is subject to the terms and conditions of the Findings of Fact and Conclusions of
Law and Decision and Order Granting Application For Annexation and Zoning, Case No.
AZ -00-012, and that the uses are to be developed under the Mixed Planned Use
Development process.
SECTION 6: All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and
after its passage, approval and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (10)
days following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner plainly and clearly designating the boundaries of
ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 3
the City of Meridian, including the lands herein annexed, with the following officials of the
County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and
shall also file simultaneously a certified copy of this ordinance and map with the State Tax
Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-
223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day
of , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
20'r
day of , 2000.
r
MAYOR
ATTE T:CF
CITY CLERIC SUL
STATE OF IDAHO,) ss.
County of Ada.
On this !,V'- day of 6V0 > 2000, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me
to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
••• was*
•• 61.30 I,�.,
IN WI I have hereunto set my hand and affixed my official seal the day
and year first above wr3'ltey . •
o
tr7� OT Y U LI FOR IDAHO
(SEAL) 00�>r 0;• .
••`'� 3•• MSID
Y COMMISSION EXPIRES. 0
0�tias••
msg\Z:\Work\M\Meridian 15360M\Farrington Opal AZ\AZOrd
ANNEXATION AND ZONING ORDINANCE (AZ -00-012) - 4
��
:v. - -
._
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County
State of Idaho, do hereby certify that the attached copy of Ordinance No.
passed by the City Council of the City of Meridian, on the 20day of `''�4t4/z,,,
2000, is a true and correct copy of the original of said document which is in the care,
custody and control of thq ��iAy,Qerk of the City of Meridian.
-
y WILLIAM G. BERG, JR.
STATE OF IDAHO,"�`"r,�,�o,� �,r+'',•°¢
ss.
County of Ada, )
On this day of in the year 2000, before me,
f , a Notary Public, appeared
WILLIAM G. BER , J , known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
•o.
�s �
(SEAL) e
ANotaP is r Idaho
i �"�, C
='
'No
Commission Commission
'*Dr
eta; o
a�a
OF ID
msg\Z:\Work\M\Meridian 15360M\Farrington Opal AZ\CertificationOfClerkOrd
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ -00-012
The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
LEGAL ADVERTISING PROOF OF PUBLICATION
Account #
DTI#
Identification
Amount:
064514
424662
SUMMARY OF ORDINANCE 01-913
$72.72
Ordered by:
P.O. #
Rate
Run Dates
SHELBY
NT
March 30, 2001
CITY OF MERIDIAN
)SS
Number of Lines
33 EAST IDAHO AVE.
83
MERIDIAN, ID 83642
before me, a Notary Public, personally appeared before me Janice Hildreth
Affidavit
Legal #
within instrument, and being by me first duly sworn, declared that the state-
1
9990
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: ONE
consecutive weekly =single
=consecutive daily =odd skip
insertion(s)
beginning with the issue of: MARCH 30, 2001
REC
and ending with the issue of: MARCH 30, 2001
T
APR p 4 2001
City
STATE OF IDAHO )
Of l
Cjty Cl,, Ofiec
)SS
COUNTY OF ADA
On this 3 0 day of MARCH in the year of 2001
before me, a Notary Public, personally appeared before me Janice Hildreth
known or identified to me to be the person whose name subscribed to the
within instrument, and being by me first duly sworn, declared that the state-
ments therein are true, and acknowledged to me that she executed the same.
Notary Public for Idaho
Residing at: Boise, Idaho
My Commission expires:
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
December 14, 2000
Opal Farrington
1180 East Pine Avenue
Meridian, ID 83642
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
Re: Annexation and Zoning Application
File No. AZ 00-012
Dear Mrs. Farrington,
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
RECEMED
MAR 0 6 2001
CITY OF MERIDIAN
CITY CLERK OFFICE
I had originally sent you the Development Agreement pertaining to the above-
mentioned application for annexation and zoning on August 14th of this year. I
haven't received it in our office yet, so I am following up by sending another copy.
The Findings of Facts and Conclusions of Law have been approved on August
15, 2000, and the Development Agreement is ready for your signatures and the
property can continue to be annexed once it is received back signed. Please do
so and return to me at the above address as soon as possible.
If you have any questions or concerns, please feel free to call.
Sincerely,
�l
l
Shelby E. "Ugarrilza
Deputy City Clerk
enc.
74%
RESOLUTION NO
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND OPAL C. FARRINGTON.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with OPAL C. FARRINGTON, denoted as
"DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked
as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL. as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with OPAL C.
FARRINGTON, entitled "DEVELOPMENT AGREEMENT", by and between
the City of Meridian and OPAL C. FARRINGTON, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
Resolution (AZ -00-012) - 1 of 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2000.
MAYOR
ATTEST:
CITY CLERK
msg/ZAWork\MWleridian 15360M\Farrington Opal AZ\Resolution
Resolution (AZ -00-012) - 2 of 2
CERTIFICATE OF CLERK-
OF
LERKOF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Cleric of this City, I am the custodian of its records and
minutes and do hereby certify that on the day of , 2000,
the following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND OPAL C. FARRINGTON.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with OPAL C. FARRINGTON, denoted as "DEVELOPMENT
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this
Resolution, the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with OPAL C. FARRINGTON,
Certificate of Clerk (AZ -00-012) - 1 of 2
entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian
and OPAL C. FARRINGTON, a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
WILLIAM G. BERG, JR.
CITY CLERK-
On
LERK
STATE OF IDAHO, )
ss.
County of Ada, )
On this day of , in the year 2000, before me,
, a Notary Public, appeared WILLIAM
G. BERG, JR., known or identified to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
(SEAL)
ZAWor1-AMS 4eridian 15360NITarrington Opal AZ\CertofClerk
Certificate of Clerk (A7--00-012) - 2 of 2
Notary Public for Idaho
Commission Expires:_
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
December 14, 2000
HUB OF TREASURE VALLff '
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 - Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
Opal Farrington
1180 East Pine Avenue
Meridian, ID 83642
Re: Annexation and Zoning Application
File No. AZ 00-012
Dear Mrs. Farrington,
LEGAL DEPARTMENT
(208) 288-2499 - Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211 - Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 - Fax 888-6854
I had originally sent you the Development Agreement pertaining to the above-
mentioned application for annexation and zoning on August 14th of this year. I
haven't received it in our office yet, so I am following up by sending another copy.
The Findings of Facts and Conclusions of Law have been approved on August
15, 2000, and the Development Agreement is ready for your signatures and the
property can continue to be annexed once it is received back signed. Please do
so and return to me at the above address as soon as possible.
If you have any questions or concerns, please feel free to call.
Sincerely,
Shelby E. Ugarriza
Deputy City Clerk
enc.
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Opal C. Farrington, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this day of , 2000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and OPAL C. FARRINGTON TRUST, hereinafter
called "OWNER/DEVELOPER", whose address is 1180 E. Pine Street,
Meridian, Idaho 83642.
1. RECITALS:
1.1 WHEREAS, "Owner" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re -zoning that the owner make a written commitment
concerning the use or development of the subject
"Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re -zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Low Density Residential District (R-4), (Meridian City
Code §§ 11-7-2 C); and
DEVELOPMENT AGREEMENT (AZ -00-012) -1
1.5 WHEREAS, "Owner/Developer" made representations at
the public hearings both before the Meridian Planning &.
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the _ day of , 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
1.9 "DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
DEVELOPMENT AGREEMENT (AZ -00-012) - 2
r
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and refers to Opal C.
Farrington, whose address is 1180 E. Pine Street,
Meridian, Idaho 83642, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ -00-012) - 3
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 C which
are herein specified as follows:
(R-4) Low Density Residential District: Only single-
family dwellings shall be permitted and no conditional uses
shall be permitted except for planned residential
development and public schools. The purpose of the R-4
District is to permit the establishment of low density
single-family dwellings, and to delineate those areas where
predominantly residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible nonresidential
uses. The R-4 District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal water and sewer systems of the City.
For the construction and development to add one additional
home on the 4.7 acres.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.A "Developer"/" Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de -annexation, with the City of
Meridian which provides for the following conditions of
development to -wit:
DEVELOPMENT AGREEMENT (AZ -00-012) - 4
5.1 The ACHD requires dedication right-of-way on E. Pine
Street and N. Adkins Lane and to pave the new private
driveway 30 -feet into the site off East Pine.
5.2 Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per
City Ordinance (No. 12-4-13). The ditches to be piped
shall be shown on the site plans. Plans shall be approved
by the appropriate irrigation/drainage district, with written
confirmation of said approval submitted to the Public
Works Department.
5.3 Any existing domestic wells and/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
5.4 Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance.
5.5 Any future subdivision or lot splits within the boundaries
of the subject property shall require submittal of a plat
application and all associated improvements (sidewalks,
streetlights, drainage, etc.) shall be required at that time.
5.6 Applicant shall coordinate utility connections with
Meridian Public Works Department.
5.7 Future platting, right-of-way requirements, and any higher
intensity zone that allows a greater number of uses shall be
addressed in a future Development Agreement.
5.8 The existing irrigation ditch on the property must be
maintained including weed removal during the 2000
irrigation season. Further, the ditch must be tiled before
the beginning of the 2001 irrigation season. In the event
that the ditch is not tiled as required by the City Council,
after notice to the applicant, water service to the property
DEVELOPMENT AGREEMENT (AZ -00-012) - 5
may be discontinued until such time as this condition is
met.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer"/"Owner" or
"Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 5
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
"Developer"/"Owner" consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to -wit:
7.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer"/"Owner" and
if the "Developer"/" Owner" fails to cure such failure
within six (6) months of such notice.
8. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
9. DEFAULT:
9.1 In the event "Developer"/"Owner",
"Developer "'s/"Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
DEVELOPMENT AGREEMENT (AZ -00-012) - 6
comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by "City" of any default by "Developer "/"Owner"
of any one or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer "'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer'Y"Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non -breaching party's
DEVELOPMENT AGREEMENT (AZ -00-012) - 7
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be
performed hereunder by either "Developer"/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer"/"Owner" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That
"Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de -annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
DEVELOPMENT AGREEMENT (AZ -00-012) -8
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Opal C. Farrington
1180 E. Pine Street
Meridian, Idaho 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
DEVELOPMENT AGREEMENT (AZ -00-012) - 9
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Ov,ner/Developer" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner/Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
2 1. 1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
DEVELOPMENT AGREEMENT (AZ -00-012) - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPER
OPAL C. FARRINGTON
:_
CITY OF MERIDIAN
KM
Attest:
City Clerk
BY RESOLUTION NO.
Mayor Robert D. Corrie
DEVELOPMENT AGREEMENT (AZ -00-012) -12
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this day of , in the year 2000,
before me, a Notary Public, personally appeared Opal C.
Farrington, known or identified to me to be the person who executed the
foregoing instrument, and acknowledged to me having executed the same.
( SEAL)
STATE OF IDAHO )
:ss
County of Ada )
On this day of
Notary Public for Idaho
Commission expires:_
in the year 2000,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAL)
DEVELOPMENT AGREEMENT (AZ -00-012) - 13
Notary Public for Idaho
Commission expires:_
n
EXHIBIT A
Legal Description Of Property
A parcel of land being Lot 5 of Eastside Addition to
Meridian as filed for record in the office of the Ada County
Recorder in Book 4 of Plats, at page 158, and a portion of
Pine Avenue, and a portion of Adkins Street, all situated in
the Southeast 1/4 of the Northeast 1/4 of Section 7,
Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at a brass cap monumenting the southeast
corner of said Northeast 1/4 of Section 7, from which the
southwest corner of said Northeast 1/4 bears South
89°07'04" West 2647.61 feet;
thence along the southerly boundary of said Northeast 1/4 of
Section 7, said southerly boundary also being the centerline
of Pine Avenue, South 89°07'04" West 674.38 feet to the
intersection of Pine Avenue and Adkins Street, being the
POINT OF BEGINNING;
thence continuing along said southerly boundary and
centerline, South 89°07'04" West 334.68 feet;
thence leaving said southerly boundary and centerline,
North 00°02'59" East 25.00 feet to an iron pin on the
northerly right-of-way of said Pine Avenue monumenting the
southwesterly corner of said Lot 5;
thence along the westerly boundary of said Lot 5, North
00°02'59" East 654.13 feet to the northwest corner of said
Lot 5;
thence leaving said westerly boundary and along the
northerly boundary of said Lot 5 North 89°21'51" East
DEVELOPMENT AGREEMENT (AZ -00-012) -14
314.47 feet to an iron pin monumenting the northeast
corner of said Lot 5;
thence continuing North 89°21'51" East 2 0. 00 feet to the
centerline of said Adkins Street;
thence along said centerline South 00°02'01" West 677.69
feet to the POINT OF BEGINNING, comprising 5.210 acres,
more or less.
DEVELOPMENT AGREEMENT (AZ -00-012) -15
n
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360NUarrington Opal AZ\Devel_pA¢r
DEVELOPMENT AGREEMENT (AZ -00-012) - 16
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
August 14, 2000
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
Opal Farrington
1180 East Pine Avenue
Meridian, ID 83642
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
Re: Development Agreement for Annexation of 4.7 acres to the
City of Meridian
Dear Mrs. Farrington,
Please find enclosed the Development Agreement pursuant to the application for
annexation of 4.7 acres into the City of Meridian as referenced above. Once the
Findings of Facts and Conclusions of Law are approved on August 15, 2000, by
the City Council, please review, sign where indicated and then return to me for
City Council approval at the next City Council meeting on September 5, 2000.
If you have any questions or concerns, please feel free to call.
Sincerely,
Shelby E. L64iza
Deputy City Clerk
enc.
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
PHILIP A. PETERSON
Wm- E GIGRAY, III
STEPHEN L. PRUSS
BRENT JOHNSON
ERIC S. ROSSMAN
D. SAMUEL JOHNSON
TODD A. ROSSMAN
WILLIAM A. MORROW
DAVID M. SWARTLEY
WILLIAM F. NICHOLS*
TERRENCE R. WHITE"
CHRISTOPHER S. NYE
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
Email via Internet @ wfg@wppmg.com
*ALSO ADMITTED IN OR
**ALSO ADMITTED IN WA
August 17, 2000
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
PcEwEID
AUG 18 2000
CITY OF MERIDIAN
Re: OPAL C. FARRINGTON / AMENDED ANNEXATION AND
ZONING FINDINGS AND DEVELOPMENT AGREEMENT /
CASE NO. AZ -00-012
Dear Will:
Please replace the previous Findings and Development Agreement sent to
your office on August 4, 2000 with the attached revised original of the FINDINGS OF
FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
APPLICATION FORANNEXATION AND ZONING prepared as per instructions from
the Council meeting of August 15, 2000, and which were approved at the August 15,
2000 meeting with the revisions. I have also attached a revised original Development
Agreement for owner/developer's signature.
Please attach the approved revised Findings to the Development Agreement
as Exhibit "B". The original of the Resolution and Certificate of Clerk were sent over
on August 4, 2000, and therefore they should be in the Clerk's possession.
You may now proceed to obtain the signatures on the Development
Agreement.
Very truly yours,
Wm. F. Nichols
msg/ZAWorkVvI\Nleridian 15360NUarrington Opal AZ\FFCL and DevAgtClk081700.ltr
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
PHILIP A. PETERSON
Wm. F. GIGRAY, III
STEPHEN L. PRUSS
BRENT JOHNSON
ERIC S. ROSSMAN
D. SAMUEL JOHNSON
TODD A. ROSSMAN
WILLIAM A. MORROW
DAVID M. SWARTLEY
WILLIAM E NICHOLS*
TERRENCE R. WHITE"
CHRISTOPHER S. NYE
*ALSO ADMITTED IN OR
**ALSO ADMITTED IN WA
William G. Berg, Jr.
Meridian City Hall
33 E. Idaho Street
Meridian, Idaho 83642
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
Email via Internet @ wfg@wppmg.com
August 4, 2000
Re: OPAL C. FARRINGTON AZ -00-012 /
ANNEXATION AND ZONING ORDINANCE (R-4)
Dear Will:
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466.9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
AUG 0 4 2000
CITY OF MERIDIAN
CITY CLERK OFFICE
Please find enclosed the above ordinance for the annexation and zoning for Opal C.
Farrington. Please place this ordinance on the City Council agenda. This ordinance should not
be Passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting
Application for Annexation and Zoning are adopted.
Please supply this letter to the Mayor and Council for their consideration of the
Findings and Ordinance.
If you have any questions arise, please advise.
Very truly yours,
Wm. F. Nicho s
msg\Z:\Work\M\Nleridian 15360M\Farrington Opal AZ\Clerk on Ord .Ltr
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
PHILIP A. PETERSON
Wm. F. GIGRAY, III
STEPHEN L. PRUSS
BRENT JOHNSON
ERIC S. ROSSMAN
D. SAMUEL JOHNSON
TODD A. ROSSMAN
WILLIAM A. MORROW
DAVID M. SWARTLEY
WILLIAM F. NICHOLS*
TERRENCE R. WHITES•
CHRISTOPHER S. NYE
*ALSO ADMITTED IN OR
**ALSO ADMITTED IN WA
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
Email via Internet @ wfg a wppmg.com
August 4, 2000
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
AUG 0 4 2000
William G. Berg, Jr., City Cleric CITY OF MERIDIAN
MERIDIAN CITY HALL CITY rl FRK nFFICE
33 East Idaho
Meridian, Idaho 83642
Re: OPAL C. FARRINGTON / ANNEXATION AND ZONING
FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION
AND CERTIFICATE OF CLERI( /CASE NO. AZ -00-012
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from
the Council meeting of August 1, 2000, and which are on the agenda for August 15,
2000. I have also attached the originals of the Resolution and Certificate of the Cleric
for the Development Agreement for owner/developer's signature.
I have also attached hereto the Development Agreement for the above
matter. After the Council meeting of August 15, 2000, if Council approves the Findings
of Fact and Conclusions of Law for the above matter, then the Findings will need to be
attached to the four Development Agreements as Exhibit "B".
Very truly yours
Wm. F. Nichols
msg/Z:\Work\M\Meridian 15360M\Farrington Opal AZ\FFCL and DevAgtClk.ltr
July 24, 2000
AZ 00-012
MERIDIAN CITY COUNCIL MEETING August 1, 2000
APPLICANT Opal Farrington ITEM NO. 4
REQUEST Continued public hearing from 7/18/00: Annexation and zoning of 4.70 acres from
Rl to R-4 for proposed addition of a home - NW corner of East Pine and Adkins Way
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See previous Item Packet
"A�,l e tij-,
Contacted: ofw Date: -7 OD Phone: Off -33_31q
Materials presented at public meetings shall become property of the City of Meridian.
(tcdL, � wlj-L ea d__1
July 13, 2000
AZ 00-012
MERIDIAN CITY COUNCIL MEETING July 18, 2000
APPLICANT Opal Farrington ITEM NO.
REQUEST Annexatio nand zoning of 4.70 acres from R-1 to R-4 for proposed addition of a
home
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See attached minutes
See attached recommendationg
ZT�? �Contacted: �/ji" 'ff" ,
2 Date: `
Materials presented at public meetings shall become property of the City of Meridian.
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLE[N FIscnER
Wm. F. CAGRAY, In
BRENTJ.JoHNSON
D. SAmIuEL JOHNSON
WILLIAM A. MoRRow
WILLIAM F. NicHoLs
CHRISTOPHER S. NYE
PHn,IP A. PETERSON
STEPHEN L. PRUSS
ERic S. RossmfAN
TODD A. RossmtAN
DAvro M. SwARTLEY
TERRENCER WHITE
To: Staff
Applicant
Affected Property Owner(s)
200 EAST CARLTON AVENUE
POST OFFICE Box 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288-2499
FAX (208) 288-2501
June 26, 2000
Re: Application Case No. AZ -00-012
Hearing Date: Tuly 5, 2000
NAWA OFFICE
104 NINTH AvENuE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL.208) 466-9272
FAX ( 08) 4664405
PLEASE REPLY TO
MERIDIAN OFFICE
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and
Zoning Commission shall be presented to the 'City Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
important to have a consistent format by which matters are presented at the public hearings
before the City Council.
The City Council strongly recommends:
That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
prepared to state your position on this application by addressing the
Findings and Recommendations of the Planning and Zoning Commission;
and
2. That you carefully complete (be sure it is legible) the Position
Statement if You disagree with the Findings and Recommendations
of the Planning and Zoning Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you prepare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If that is not possible, please present your Position
Statement to the City Council atthe hearing, along with eight (8) copies. The copies will be
presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. If you are a part of a ggrroup, it is strongl recommended that one Position
Statement be filled out for the group, wFiich can be signed by the representative for the group.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF 4.7 ACRES
FOR 3 PARCEL PROPERTY
BY OPAL FARRINGTON
Case No. AZ -00-012
RECOMMENDATION TO CITY
COUNCIL
INTRODUCTION
1. The property is approximately 4.7 acres in size and is located at the
northwest corner of E. Pine and N. Adkins.
2. The owner of record of the subject property is Opal C. Farrington, of
Meridian, Idaho.
3. Applicant is owner of record.
4. The property is presently zoned by Ada County as R-4, and consists of
two single family dwellings.
5. The Applicant requests the property be zoned as R-1.
6. The subject property is bordered on all sides by city limits of the City of
Meridian.
7. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
RECOMMENDATION TO CITY COUNCIL - 1
ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON
8. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
9. The Applicant proposes to develop the subject property in the following
manner: add one more house on the property.
10. The Applicant requests zoning of the subject real property as R-1 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed Planned Use Development.
12. There are no significant or scenic features of major importance that
affect the consideration of this application.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the requested annexation
and zoning as requested by the Applicant for the property described in the
application, subject to the following:
Adopt the Recommendations of the Planning and Zoning Commission as
follows:
1.1 Any future subdivision or lot splits within the boundaries of the subject
property will require submittal of a plat application and all associated
improvements (sidewalks, streetlights, drainage, etc.) will be required at
that time.
1.2 Applicant shall coordinate utility connections with Meridian Public
RECOMMENDATION TO CITY COUNCIL - 2
ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON
Works Department.
1.3 Staff recommends a Development Agreement be required for future
platting and right-of-way requirements.
1.4 The Planning and Zoning Commission further recommended that the
irrigation ditch be tiled by any way necessary on the property.
Z:\Work\M\Meridian 15360M\Reconmiendations\AZ012FarringLon.wpd
RECOMMENDATION TO CITY COUNCIL - 3
ANNEXATION AND ZONING - 4.7 ACRES - OPAL FARRINGTON
Meridian Planning and Zoning Commission Meeting
June 13, 2000
Page 54
Subdivision that is right across the street. Other then that these 9 conditions appears
can be all met by the conditions that have been proposed tonight, therefore I move
approval of this request for conditional use permit for this proposed park and ride lot for
100 vehicles zoned CG by Ada County Highway District at the southwest corner of
Meridian Road and northeast corner of Overland Road pursuant to the staff comments
and the additional conditions that have been made as part of the record in discussion
tonight.
Barbeiro: For clarification that we would include a fence along the north and east
property and of course the lights.
Nary: The only thing on the fencing I think there was discussion about different kinds of
fencing. I am not sure what is the most appropriate kind of fencing. Do you want to
include that fencing has to be done along the boundary line rather than a specific chain
link versus something else.
Barbeiro: Fencing appropriate to maintain the pasture and livestock.
Nary: Fencing appropriate to maintain the property owner for the Cope's should be
added.
Barbeiro: I will second the motion.
Borup: Any discussion? All in favor?
MOTION CARRIED: 2 AYES 1 NAY
Borup: Thank you everyone. Commissioner's we are past the time when we said we
wasn't going to keep continuing on. We have 3 more items. I don't know. Do we want
to have another special meeting this month or would you like to continue on.
Barbeiro: With 3 more hours we are going to be here another hour and a half,
minimum.
Swartley: Before we reset these last 3 items. I don't know what these folks are here for
but I don't know if some of them don't have any opposition to what the staff's comments
and or are willing to comply with that, there is no opposition from the public, maybe
those items we could take up and move along and just if we have to send something
over then at least we send something over that is going to be contested.
10. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.7
ACRES FROM R-1 TO R-4 FOR PROPOSED ADDITION OF HOME BY OPAL
C. FARRINGTON—NORTHWEST CORNER OF EAST PINE AND ADKINS
WAY:
Siddoway: This is a application for annexation and zoning from Opal C. Farrington.
Meridian Planning and Zoning Comrnls ,ion Meeting
June 13, 2000
Page 55
END OF SIDE SEVEN
Siddoway: that goes into Danbury Fair Subdivision. Their desire is for hook up to City
water and sewer but in order to do so we require them to be annexed into the City.
Staff comments dated June 5t, 2000 in your packets. We are recommending approval
of the annexation and zoning with conditions in that —in those staff comments. That's all
I have.
Morgan: Bernadine Morgan. 1187 E. Fairview. The problem we are having is the
ditch. That is our irrigation ditch. We are clear over on Fairview and as you can see our
irrigation water is in bad shape here on Opal Farrington's property. The edge of the
highway to the edge of the ditch is approximately 3 feet. She is under the opinion that
the City of Meridian is to clean this up and to take care of it. It has been 6 years since
this ditch has been cleaned and maintained. Prior to that, Martin (inaudible) the farmer
that was to the north of her, had all the equipment and he did it all the time. That was
not his job. It is on her property to clean. One year she had it burned but that has been
several years ago. We have had to fight for irrigation ever since all of this property has
been sold from the farmers. It goes clear over to all most Eagle Road where our main
head gate is. We have had all of this to fight for 5 years. Most of it has been cleaned
up except for two areas. This and the one on the corner of Pine and Locust Grove. On
the corner where you now have that cement abutment. That belongs to a man at
Woodbee Island and of course we are not getting it through to him. We have gone
through Fred Burns over here. He is to assist in these (inaudible). He throws his hands
up in the air and says sorry. Nothing I can do about it. A year ago, he did get a hold of
them and he was to have that ditch cleaned. The City hired someone to do it but they
run a ditcher through there without burning the weeds, so it just slide across the top.
We are having a awful bad time. Please somebody clear up our irrigation ditch.
Borup: Let me ask a couple questions. For one thing, the ditch does not have anything
to do with the application that is before us. Maybe we can answer some of your
questions. Mr. Swartley is this responsibility of Nampa Meridian or does the City of
Meridian have some jurisdiction.
Swartley: What Fred Burns would have gone to the property for was for a code
violation. Might have been the weeds. It is in the city limits isn't it?
Siddoway: No. They are applying for annexation and zoning.
Swartley: Oh, then I don't know why Fred would have gone there. Maybe Bruce can
help you out.
Morgan: No it is not. They deliver only to the main head gate.
Freckleton: Mr. Chairman my understanding is it is users lateral ditch. Historically back
in the good old days all of the users along that ditch either got together and maintained
Meridian Planning and Zoning Commission Meeting
June 13, 2000 _
Page 56
it corporately or each individual property that the ditch ran through they took care of
their section. As property develops people go by the way side as far as maintaining
their ditches. The ditch is not on City property. I don't think the city has an obligation to
go our there and maintain this ditch. It looks like the ditch was probably disturbed quite
a bit during construction of Atkins Lane. The recent paving that was done for the Maws
No. 3 Subdivision that went in. I know Morgan's have had a touch time getting their
water through there.
Morgan: Who is responsible for this and if this Planning and Zoning goes through and
they build one house, will they continue with the ditch like this or what. What are we
facing here?
Freckleton: If this property is annexed and if it is subdivided, they would fall underneath
our ordinances for requirement to the that ditch through that property.
Barbeiro: So upon their bringing the plat to the City, as soon as they subdivide it, there
is the immediate requirement to tile the ditch.
Freckleton: Correct.
Barbeiro: And, it would appear if they are going to go for an R-4 they are certainly going
to subdivide.
Borup: But, the property has to be in the city limits before we can have any jurisdiction.
Morgan: I'd love to see it them.
Barbeiro: So you would be in support of the city annexing the property.
Morgan: If it will clean up our ditch. If they just put up one house they would not have
to take care of the ditch. It is on their property. Not ours.
Swartley: They would be subject to the Subdivision development ordinance.
Borup: Next step they'd have to come forward with a Subdivision plat and request.
Morgan: To put that house on they have to have a Subdivision or can they just put a
single house on it.
Barbeiro: They have to subdivide first.
Borup: Oh, sorry. Staffs general requirements item number 1, that is enforced on this.
The staff comment was saying that the ditch needs to be tiled and unless they
specifically ask for a variance from the City Council.
Meridian Planning and Zoning Commission Meeting
June 13, 2000
Page 57
Nary: Does the annexation require the tiling or does the Subdivision plat requirements
require the tiling and does that, if it is the latter, does that change the staff's feeling as
to whether or not a development might be a better suited way to get this particular
problem resolved since originally say we don't need it but now there is a different issue
raised, would that be a better solution to get this done.
Borup: At this point, they can not get a building permit to build a house can they.
Swartley: My only thought was that the expense of tiling the ditch may preclude them
from wanting to do anything and the problem does not resolve itself and yet we have
annexed the property into the city looking like that. If the annexation requires it, it
doesn't matter but would we rather have them have a development agreement so that
the annexation does require it.
Freckleton: Steve and I are just discussing this and I am not entirely clear whether we
can make this requirement with an annexation or whether is has to fall underneath a
Subdivision. I believe it is under the Subdivision development ordinance so I don't know
that we can really require it under an annexation. Therefore I think we would be looking
for the development requirement.
Swartley: Commissioner Nary's reasoning makes pretty good sense and that would
alleviate this problem a lot quicker.
Freckleton: We would need to modify that comment.
Borup: Eliminate Item number 1 and adding a development agreement if we proceed
ahead.
Siddoway: Under 4, that is where is says does not recommend a development
agreement. Cross out not.
Borup: Okay Mrs. Morgan. That's probably the way our recommendation will go,
unless the application withdraws. They would be required to tile the ditch unless they
withdraw the application not liking what our requirements are.
Morgan: Part of the problem is, what little water we get we don't have enough volume
to push it across the land.
Norton: In the application summary it says there are two existing homes and they want
to construct a manufactured home which would be the third home. It also says in the
applicant summary they want hook up to both municipal sewer and water, but Bruce did
you say they all ready have water.
Freckleton: I believe they came before City Council and requested service and was
granted service condition upon them moving forward with an annexation request. I think
that is why we are here.
Meridian Planning and .'oning Commission Meeting
June 13, 2000
Page 58
Norton: If we annex them that is simply annexing to the city. Do they need to have
another CUP in order to do this manufactured home.
Freckleton: I guess that is where I am a little confused. It seems to me like that would
require a Subdivision plat. Your getting multiple structures on a parcel. There is all
ready two structures there and now a manufactured home. Steve's suggestion was
maybe we should just continue this so that the applicant can attend the next meeting
and have her at the beginning of the agenda so we can get some questions answered.
Borup: It does say 3 different parcels so I guess it could be a residence on each parcel.
Is there any final answer we can help Mrs. Morgan. How do you have a development
agreement if there is not going to be any development. We can put it as a condition for
annexation. That might be the best solution. The question is how do we have a
development if there going to be no development. Can that be strictly a condition of
annexation with no further development or can we just put it in as a condition of
annexation. Tiled or maintained.
Swartley: Either they are going to develop or withdraw the application, correct.
Borup: No, they have 3 separate parcels.
Swartley: I like Steve's idea. We don't have the applicant here to know what they are
going to do.
Nary: Mr. Chairman I don't think you can condition an annexation on the condition
precedent like that. You either annex or not. The only avenue the state code gives you
is a development agreement.
Borup: If this was annexed would the code enforcement officer have any means to—
Swartley: Yeah but it would be the weeds. I don't know that it would be the
maintenance of the—
Borup: How about a ditch that over ran and made swampy area or something.
Swartley: I don't believe that's what in the code but there might be something.
Morgan: There is a Idaho State Law that they can not impede water.
Borup: We are talking about City Ordinance. The best thing for the city to help Mrs.
Morgan is if it was annexed and then there may be something more the city could
legally do.
Morgan: When they come up for the city here—
Meridian Planning and Zoning Commission Meeting
June 13, 2000 "
Page 59
Borup: If they come up for any development then the requirements can be placed at
that time.
Morgan: What is this division of 3 pieces of land and they would not need it.
Borup: That's all ready done.
Morgan: Actually they won't need it at all.
Borup: No.
Morgan: Then we would have to take them to court to get this ditch maintained
Borup: We hope not. If it is annexed into the city and if they are not taking care of the
weeds and maybe if water is running over, there may be something for the city to do.
Morgan: This ditch as been here for more than 50 years and to move the ditch or to do
anything with it, has to take the vote of everybody on the ditch.
Borup: I think what we are saying the best thing to help you sounds like maybe to get
this annexed and then the city could do something.
Morgan: Will we know when it comes up for annexation? "Ie are not within 300 feet.
Borup: That is what is going on here right now. Whatever recommendation will go here
will go over to City Council next month.
Norton: Could she call Will Berg's office to find out exactly the date. Yes call our City
Clerk and get the date.
Swartley: The property should have some posting.
Norton: I move the public hearing be closed.
Nary: Second.
Borup: All in favor?
MOTION CARRIED: ALL AYES
Norton: I'd like to make a motion that Planning and Zoning Commission recommend to
City Council to approve the annexation and zoning of 4.7 acres from R-1 to R-4 for the
proposed addition of home by Opal C. Farrington northwest corner of east Pine and
Atkins Way to include staff comments with exception of under general comments strike
item number 1.
Meridian Planning and Zoning Commission Meeting
June 13, 2000
Page 60
Swartley: It was my understanding we are taking out number one and then number four
taking out not, if we were doing a development agreement.
Borup: The question was whether or—it was stated we could not do a development
agreement.
Swartley: Yeah, that's true. I think we should just leave it as stated.
Barbeiro: I second the motion.
Borup: All in favor.
Nary: One second, I just want to be clear because there is no requirement then to tile
the ditch and we haven't answered Mrs. Morgan's questions. The Morgan's only
concern is that the ditch be tiled.
Swartley: We need to leave in number one.
Nary: We decided that—annexation requirements did not require the ditch to be tiled
and the discussion was that the only way we might be able to have them tile the ditch
was to have a development agreement because they initially asked for they wanted this
to be moved from 2 to 3 parcels and that was the reason because we weren't going to
subdivide it and that would be the only way we could require them to the the ditch was
a development agreement.
Borup: So, can we leave it in and let the City Attorney or someone else decide whether
it is enforceable or not.
Swartley: Yes. That would be the best and Council could change it if they want.
Norton: I would amend my motion to leave in number one regarding the tiling of the
irrigation ditch. Tom would you agree to that as a second.
Barbeiro: Now you got me. I thought we were going to exclude one and then include
again take out the word not and have a development agreement.
Borup: Her motion is to recommend approval with all staff comments as written.
Barbeiro: Okay, I concur and second.
Nary: Mr. Chairman, you last comment was having the city attorney make a
determination as to whether or not—
Borup: No that would not be part of the motion.
Meridian Planning and Zoning Commission Meeting
June 13, 2000
Page 61
Nary: What the staff comment was that the annexation ordinance does not require that
the ditch be tiled so including item one, doesn't matter. So we won't have them the the
ditch.
Borup: No its in there
Barbeiro: Here is the way that I see this. What Steve and I discussed was there was
some discussion of the assessor (inaudible) three lots but the city only recognizing 2
lots. We can include a development agreement because they are going to seek a 3`d lot
and in the development agreement require them to the the ditch.
Borup: We better get that on the record then.
Barbeiro: If you look at our map up here there are only two lots recognized on this site.
Borup: So there is really not three parcels.
Barbeiro: We have no record here showing that there are 3 parcels on this. That is why
I went back over to the map on the wall. There is only 2 parcels just as it is described
here in our packets.
Borup: There could be three parcels but maybe one of them is not a buildable parcel.
What are you proposing. I'd like to move this along.
Barbeiro: According to this we have three parcels.
Borup: We don't know that they are buildable parcels and that will be determined if they
come in with a building permit, right?
Siddoway: The staff report from Brad says that there are 3 separate parcels as
recorded by the county assessor. The maps that we have show 2 parcels. I do not
know where the third parcel is. It does state that they are planning to construct a
manufactured home the third parcel which would be new development and require a
building permit based upon which, it seems we could require a development agreement
for the development of that third parcel with the manufactured home and the condition
of that development being tiling the ditch.
Barbeiro: Wouldn't the tiling of the ditch only be required on the third parcel that we
were building on or would it be part of the entire three parcel group.
Siddoway: I don't know the legalities of that.
Nary: Mr. Chairman with Commissioner Norton as the maker of the motion, want to
simply state that we recommend they annex this parcel as requested and that the
recommendation of the Planning and Zoning Commission be that the ditch be tiled
whether it be done through a development agreement or a preliminary plat which ever is
Meridian Planning and Zoning Commission Meeting
June 13, 2000
Page 62
most appropriate. The city attorney can make that decision and additional
recommendation as well as the staff will have time to formulate that better before
council. Our concerns are being addressed that the Morgan's have raised to us and the
council will make the final decision anyway.
Norton: I'd agree to that.
Barbeiro: I would concur with my second.
Borup: All in favor?
MOTION CARRIED: ALL AYES
Borup: I have to apologize. When we started this I though that would be a 5 minute
item.
8. PUBLIC HEARING: REQUEST FOR AN AMENDMENT OF A CONDITIONAL
USE PERMIT FOR PROPOSED LARGER SIGN CRITERIA AND ADDITIONAL
PYLON SIGN TO SITE ZONED C -G BY DAN CONLIN-IDAHO ELECTRIC
SIGNS—OAKBROOK PLAZA 2100-2180 FAIRVIEW AVENUE:
Siddoway: Mr. Chairman and Commissioner's this project has been before you with a
conditional use permit and the requirement of that conditional use permit was single
monument sign no greater that 72 square feet. This is an application to modify that
requirement and they are proposing the signs that were originally proposed. Brad's
staff report, I don't see the date but it was stamped received June 9, 2000. He does not
that there is some grounds for allowing a greater sign area but we do need to come up
with some criteria for that so it is not just a hap hazard application of various sign
standards when we tried to be consistent as much as possible up and down Fairview
over the last year or so. Our recommendation is to approve the signs as proposed with
the modification that the 25 foot high sign be reduced to a 20 foot sign and that is all.
That recommendation is based on the draft sign ordinance which will be coming before
you in a month. Brad's comments make a pretty good case of the issues showing that
there maybe comparing it to other sites in the area showing that it is a larger site and
based on that there could be some basis to approve larger signs in the 72 square foot
sign that was originally approved.
Borup: Applicant like to come forward.
Conlin: Dan Conlin. I work for Idaho Electric Signs and I am representing Norco
Industries in this matter. Mr. Kissel of Norco Industries has asked me to present the
sign package again. I guess it was originally submitted for the conditional use permit
and during the second Planning and Zoning Commission meeting through this, it was
amended through a verbal statement by Shari Stiles to reduce down to 72 square feet.
Unfortunately for some unknown reason it was not caught by the representative at the
time. I think we are close to staff recommendation. The only design criteria that we
June 9, 2000
MERIDIAN PLANNING & ZONING MEETING: June 13, 2000
APPLICANT: OPAL C. FARRINGTON. ITEM NUMBER: 10
REQUEST: 4.7 ACRES ZONED R-1 TO ADD A HOME FOR PROPOSED R-4 ZONE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING & ZONING DEPT. SEE STAFF COMMENTS
CITY ATTORNEY:
CITY POLICE DEPT: Y
CITY FIRE DEPT:
CITY BUILDING DEPT: S�
CITY WASTEWATER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT: SEE COMMENTS
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:"
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
To: Planning & Zoning Commission/Mayor & City Council
From: Bruce Freckleton, Senior Engineering Technician
Brad Hawkins -Clark, Planner .B�c
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
JUN 0 7 ?QA9
ity of bleridiaD
itv Clerk Off'
Re: Annexation of 4.7 Acres from R-1 to R-4 by Opal C. Farrington (File AZ -00-012)
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATION SUMMARY
This annexation application was initiated by the property owner, Opal C. Farrington, and is the
result of a City Council condition for the property to hook-up to municipal sewer and water. The
Council agreed to serve the property with the condition that Mrs. Farrington apply for annexation
to the City. There are three separate parcels (as recorded by the County Assessor) identified
within the external boundaries of the 4.7 acre legal description for this application. There are two
existing homes and the Applicant is planning to construct a manufactured home on the third
parcel (the westernmost, 1.0 acre parcel), for a total of three, detached single family dwellings
within the annexation boundaries. The property is bounded by existing city limits on all four
sides.
ACHD is not placing any conditions on the property owner other than the requirement to
dedicate right-of-way on E. Pine Street and N. Adkins Lane and to pave the new private
driveway 30 -feet into the site off East Pine. All other improvements listed in their report will
apply only upon future re -development of the parcel.
LOCATION
The property is generally located at the NW corner of E. Pine and N. Adkins. The two current
houses are addressed as 1130 and 1180 E. Pine Street.
SURROUNDING PROPERTIES
North — A V2 acre parcel containing a single family home, zoned R1 in Ada County. There are
also two homes in Danbury Fair #7 abutting the north boundary (zoned R-8).
AZ -00-012
Opal Farrington.RZ.doc
Mayor, Council and P&Z
June 5, 2000
Page 2
South — Railside Industrial Park Subdivision lies SE of subject property. Immediately south of
Pine is a single family house currently on the market. There is also a vacant, 12 -acre parcel. All
are zoned Light Industrial (I -L).
East — A single family residence is located at the NE corner of Pine and Adkins. Maws
Subdivision #3 is located on the east side of Adkins Lane, containing 7 single family lots, zoned
R-8 (Meridian).
West — Nine (9) lots in Danbury Fair Sub #I abut the west boundary.
CURRENT OWNERS OF RECORD
Opal C. Farrington is the owner and has submitted consent for this application.
ANNEXATION GENERAL REQUIREMENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project shall be tiled per City Ordinance (No. 12-4-13). The ditches to be piped should be
shown on the site plans. Plans will need to be approved by the appropriate
irrigation/drainage district, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling of any ditches
crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance (Ord. 11-13).
ANNEXATION SITE SPECIFIC REQUIREMENTS
1. The legal description submitted with the application appears to meet the requirements of
the City of Meridian and State Tax Commission.
2. Any future subdivision or lot splits within the boundaries of the subject property will
require submittal of a plat application and all associated improvements (sidewalks,
streetlights, drainage, etc.) will be required at such time.
3. Applicant must coordinate utility connections with Meridian Public Works Department.
4. Staff does not recommend a Development Agreement be required as a condition of this
annexation for the following reasons and with the conditions as stated:
a. Any future subdivisions of the parcel will require submittal of a
preliminary plat;
AZ -00-012
Opal Faringlon.RZ.doc
Mayor, Council and P&G
June 5, 2000
Page 3
b. ACHD's June 5, 2000 report requires right-of-way dedications on Pine
and Adkins and other road improvements at the time of any future
development;
C. The requested R-4 zone is approved. (Any higher intensity zone that
allows a greater number of uses would require a D.A.)
RECOMMENDATION
Staff recommends approval of the annexation with the above conditions.
COMPREHENSIVE PLAN ANALYSIS
The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this
application. The following sections most directly apply to the proposed project and are repeated
here for the Council and Commission's consideration during the hearing process.
The subject property is designated as Mixed/Planned Use Development in the Comprehensive
Plan Land Use Map. To date, Staff has interpreted this designation to allow all zones except
single family zoning (R-4 and R-8). However, the Economic Development Chapter (pg. 17) does
state that, "Mixed use is a planning category which refers to the coordinated development of
several major uses as part of a single project, such as specialty retail/commercial, variable
density residential, offices..." Given the adjacent development and the fact that Danbury Fair
Subdivision and Maws Subdivision were zoned R-8 (even though they also fell under the
M/PUD designation in the Comprehensive Plan), we feel the R-4 meets the intent of this
"variable density" language.
Infill Priorities: Policy 1.3, pg. 10, of the Population Growth Chapter states, "Unimproved or
unrealized land within the Meridian city limits and Urban Service Planning Area should be
utilized in order to maximize public investments, curtail urban sprawl and protect existing
agricultural lands from unnecessary infringement." Also, policy 1.12, pg. 68, of the Housing
Chapter states, "Land development regulations should be revised to encourage the infilling of
existing vacant parcels within the city limits."
Goal 4 is "to provide housing opportunities for all economic groups within the community."
Land Use
1.4U Encourage new development that reinforces the City's present development pattern of
higher density development within the Old Town area and lower density development in
outlying areas.
2.lU Support a variety of residential categories (urban, rural, single-family, multi -family,
townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U Support strategies for the development of neighborhood parks within all residential areas.
AZ -00-012
Opal Farrington.RZ.doc
Mayor, Council and P&G
June 5, 2000
Page 4
2.3U Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
5.17U A variety of coordinanted, planned and compatible land uses are desirable for this area
(Locust Grove Road and Fairview Avenue area), including low -to -high density
residential, office, light industrial and commercial land uses.
Transportation
1.20U Encourage proper design of residential neighborhoods to ensure their safety and
tranquility.
Housing
1.1 The City of Meridian intends to provide for a wide diversity of housing types ... in a
variety of locations suitable for residential development.
1.4 The development of housing for all income groups close to employment and shopping
centers shall be encouraged.
1.6 Housing proposals shall be phased with transportation, open space and public service and
facility plans, which will maximize benefits to the residents, minimize conflicts and
provide a tie-in between new residential areas and service needs.
Community Design
5.2 Ensure that all new development enhances rather than detracts from the visual quality of
its surroundings, especially in areas of prominent visibility.
6.5U Establish land -use designations that reflect the character of existing neighborhoods.
6.11 U Promote well-planned and well -designated affordable housing in all Meridian
neighborhoods.
AZ-oo-01z
Opal Far ington.RZ.doc
MAYOR
HUB OF TREASURE VALLEY
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY
CITY OF MERIDIAN
(208) 288-2499 - Fax 2501
COUNCIL MEMBERS
PUBLIC WORKSB
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
NIERIDIAN, IDAHO 83642
(208) 887-2211 • Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 - Fax 888-6854
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000
TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000
FILE NUMBER: AZ -00-012
REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone
BY: Opal C. Farrington
LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins
WaV
- SALLY NORTON
KENT BROWN, PIZ
THOMAS BARBEIRO, PIZ
RICHARD HATCHER, P/Z
KEITH BORUP, PIZ
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
_ zTAMMY de WEERD, C/C
VV WATER DEPARTMENT
SEWER DEPARTMENT
_SANITARY SERVICE
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE
�cE�D
MAY 19 2000
CITY OF MERIDIAN
a
RECEIVED
MAY 18 2000
Meridian
�Su�„ &,t
MAYOR
HUB OF TREASURE VALLEY
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY
CITY OF MERIDIAN
(208) 288-2499 - Fax 2501
COUNCIL MEMBERS
PUBLIC WORKSB
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-221 • Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) S87-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) SSS -4218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn-. Will Berg, City Clerk by: June 2, 2000
TRANSMITTAL DATE.- May 16, 2000 HEARING DATE: June 13, 2000
FILE NUMBER: AZ -00-012
REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone
BY: Opal C. Farrington
LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins
Way
- SALLY NORTON
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
_SANITARY SERVICE
BUILDING DEPARTMENT
IRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
REC]EIVE]o
MAY 1 8 2000
CITY OF MERIDLAN
C00
CENTRAL CEI , ,AL DISTRICT HEALTH DEPAR, _C_NT
DISTRICT Environmental Health DivisionHEALTH Return to:
DEPARTMENT ❑ Boise
❑ Eagle
Rezone # 00 — 0/ Z ❑ Garden City
Conditional Use # � Meridian
❑ aun
Preliminary / Final / Short Plat K
❑ un
❑ I. We have No Objections to this Proposal. MAY 2 4 2000
❑ 2. We recommend Denial of this Proposal. CITY OF MERIDIAN
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ waste flow characteristics
❑ or bedrock from original grade ❑ other
❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. 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
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ 10. Run-off is not to create a mosquito breeding problem.
❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑ 13. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ❑ child care center
❑ beverage establishment ❑ grocery store
14. 'et) ; >P Fe c_i ic}�✓ i v��v�ve,t,te — ,n,✓ �,' �a,,..:�y Date: !C—/2�_
Reviewed By:
CDHD 10/91 rcb, rev. 1/91 Review Sheet
r'
06/06/2000 08:42
2088885052 SANITARY SERVICE
PAGE 08
NIAYOR
HU8 OF" TREASURE VA( -[-EY
R06CI'l D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITYCOUNCIL
CITY OF MERIDIAN
`�U�) PI)O C "''
MEMBERS
Run Anderson
33 EAST IDAHO
WORKsy
OUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
-'o�);��-I I - Fax ss7-1297
Tammy cleWeerd
(208) 883.4433 • Fax (208) 857.4313
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
oERART`IENT
(208) 881-5533 - Fax 888-r's5a
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000
TRANSMITTAL DATE:_ May 16, 2000 HEARING DATE: June 13, 2000
FILE NUMBER: AZ -00-012
REQUEST: 4.7 acres zoned R-1 to add a home for proposed R-4 zone _
BY: Opal C. Farrinqton
LOCATION OF PROPERTY OR PROJECT: NW corner of East Pine and Adkins
Way
SALLY NORTON
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
!WER DEPARTMENT
ANITARY SERVICE
2222_ BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
JUN 06 100 08:50
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
ISE REMARKS:
REcErvED
J U N - 6 2000
CITY Or M RMLAiN
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 p.m. on July 18, 2000, for the purpose of reviewing and considering the
application of Opal Farrington for annexation and zoning of 4.70 acres from R-1 to R-4
for proposed addition of a home generally located at the northwest corner of East Pine
and Adkins Way.
A more particular 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 generally located at 33 East Idaho.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 15th day of June, 2000
PUBLISH June 30th and July 14th, 2000
WILLIAM G. BERG, j ., ITY CLERK
x0jitt" 11 If
crr
s
SEAL
''qtr:#aie�►��'
�I
7a
/ 1
-At... -
-
t
d
O
O
N
O
O
O
O
O
co
O
0
M
OPAL FARRINGTON -1130 & 1180 E. PINE
PROPERTY OWNERS WITHIN 300' (AZ)
RAFTERY STEPHEN P &
RAFTERY JOANIE B
1416 E SHELLBROOK DR
MERIDIAN ID 83642-0000
HAAN SHAWN L &
HAAN JAMI F
1430 E SHELLBROOK DR
MERIDIAN ID 83642-0000
AVERETTSUSAN
THOMPSON ELAINE R & RICHARD L
1160 N SHIRE AVE
MERIDIAN ID 83642-0000
SANDAHL MICHAEL DANIEL &
SANDAHL MARY C
1157 N PENRITH AVE
MERIDIAN ID 83642-0000
MILLER RICK L &
MILLER CONI J
1152 N PENRITH AVE
MERIDIAN ID 83642-0000
HAAVEN LAWRENCE H
1161 N ADKINS AVE
MERIDIAN ID 83642-0000
NIICHAELSON CAMERON C &
MICHAELSON JULIANNE
1140 N SHIRE AVE
MERIDIAN ID 83642-0000
GOVREAU BRAD &
GOVREAU AMY
1139 N PENRITH AVE
MERIDIAN ID 83642-0000
WHIPPLE JEFF T &
WHIPPLE KIMMI R
1125 N SHIRE AVE
MERIDIAN ID 83642-0000
CUTHBERT DAVID RAY &
CUTHBERT TANYA WALES
1120 N SHIRE AVE
MERIDIAN ID 83642-0000
BRELLER BETTY JEAN
1119 N PENRITH
MERIDIAN ID 83642-0000
MORTENSEN THOMAS E
MORTENSEN SHANA I
1361 E SHELLBROOK DR
MERIDIAN ID 83642-0000
GAGNON ROBERT COLEMAN &
GAGNON TRACY A
1383 E SHELLBROOK DR
MERIDIAN ID 83642-0000
CROASDALE DENA
1399 E SHELLBROOK DR
MERIDIAN ID 83642-0000
BUCKLES JOSEPH CLAY &
JANE EIL.ENE
1417 E SHELLBROOK DR
MERIDIAN ID 83642-0000
VANDERWERF SCOTT E & TRINA L
2198 DAWSON CABIN RD
JACKSONVILLE NC 28540-9021
1479 E SHELLBROOK DR
DANBURY FAIR HOA INC
PO BOX 190466
BOISE ID 83719-0000
E SHELLBROOK DR
WILCOX WILLIAM JAY &
ELIZABETH M
1465 E SHELLBROOK DR
MERIDIAN ID 83642-0000
BARNES SANDRA L
1429 E SHFI I ROOK DR
MERIDIAN ID 83642-0000
JACKSON JAMES W &
SHEA LUKE J &
JACKSON BEVERLY A
SHEA ROBYN E
1345 E SHELLBROOK DR
1458 E BUCHMAN ST
MERIDIAN ID 83642-0000
MERIDIAN ID 83642-4035
FLATEN ROBERT M MAWS LTD PARTNERSHIP
2720 VENABLE LN 6161 N WILLOWDALE PL
MERIDIAN ID 83642-0000 BOISE ID 83714-1821
1111 N ADKINS LN E PINE AVE
ANDERSON RYAN L
BURKS S DENNIS &
1453 E SHELLBROOK DR
BURKS CAROLE A
MERIDIAN ID 83642-0000
1054 N STONEHENGE WAY
MERIDIAN ID 83642-0000
MERIDIAN ID 83642-4002
POSEY DANIEL L &
GUERRERO MARIA I
POSEY LAURIE A
TORGESON MATTHEW L
1441 E SHELLBROOK DR
1058 N STONEHENGE WAY
MERIDIAN ID 83642-0000
MERIDIAN ID 83642-4002
LEFORGEE SHELBY L &
BARNHART ROBERT M &
DEPEW JOANDI M
BARNHART BRANDI J
1321 E SHELLBROOK DR
1066 N STONEHENGE WAY
MERIDIAN ID 83642-0000
MERIDIAN ID 83642-4002
WOOD MICHAEL L AND PETERS RONALD J &
WOOD KIM M PETERS MEG A
1243 E SHELLBROOK DR 1074 N STONEHENGE WAY
MERIDIAN ID 83642-0000 MERIDIAN ID 83642-4002
LOUGH JOHN S & ROCK SANDY W &
WENGER-LOUGH JO ANN ROCK CINDY L
1265 E SHELLBROOK DR 1042 N STONEHENGE WAY
MERIDIAN ID 83642-0000 MERIDIAN ID 83642-4002
REYNOLDS STEPHANIE C CAMPBELL BLAKE E
1287 E SHELLBROOK DR 1450 E BUCHMAN ST
MERIDIAN ID 83642-0000 MERIDIAN ID 83642-4035
OWEN KEVIN LEE &
VIALET ALFRED GORDON
OWEN SHANNA MARIE
1483 E BUCHMAN ST
1309 E SHELLBROOK DR
MERIDIAN ID 83642-4035
MERIDIAN ID 83642-0000
GUERRERO MARIA I
YOUNG STUART L &
1457 E BUCHMAN ST
YOUNG DONNA A
MERIDIAN ID 83642-4035
1492 E BUCHMAN ST
MERIDIAN ID 83642-4035
MOULTON CHAD G
1034 N STONEHENGE WAY
LINKE CHALRENE W
MERIDIAN ID 83642-0000
1470 E BUCHMAN ST
MERIDIAN ID 83642-4035
r►.
KELLER ANGELA M &
KELLER DOUG
1465 E BUCHMAN ST
MERIDIAN ID 83642-4035
BREEDLOVE ANGELA L
GOMEZ AMBER & RICHARD
1062 N KILLDARE PL
MERIDIAN ID 83642-4043
HADLEY DOUGLAS GENE JR
1029 N STONEHENGE WAY
MERIDIAN ID 83642-4003
TAYLOR WAYNE C &
TAYLOR CATHERINE
1018 N STONEHENGE WAY
MERIDIAN ID 83642-4002
TINSLEY STACEY M
995 N RALSTIN PL
MERIDIAN ID 83642-0000
MEATTE NICKIE D
13043 S FIVE MILE RD
KUNA ID 83634-2663
989 N RALSTIN PL
FGTON OPAL UST
F= GTON OP C TRUSTEE
1180 E P
MERID 2-5936
1180E E AVE
11 PINE AVE
BAKER STEVEN T &
BAKER YOUNG H
1821 S ATLANTIC AVE
BOISE ID 83705-0000
1036 N KILLDARE PL
PRICE JOSIAH D
PRICE LINDA M
1007 N STONEHENGE WAY
MERIDIAN ID 83642-0000
SALLADAY RICHARD L &
SALLADAY KATHY J
992 N STONEHENGE WAY
MERIDIAN ID 83642-4000
REMELY MARK A &
REMELY CATHERINE H
1018 N KILLDARE PL
MERIDIAN ID 83642-4043
SOWER DAMIAN WADE &
SOWER NICOLE M
981 N STONEHENGE WAY
MERIDIAN ID 83642-4001
SKIFTUN WAYNE A
SKIFTUN ROSEMARY
978 N STONEHENGE WAY
MERIDIAN ID 83642-0000
MCCOLLUM SHAYNA
975 N RALSTIN PL
MERIDIAN ID 83642-0000
WONACOTT ANDREW JOHN &
WONACOTT BRANDI K
947 N STONEHENGE WAY
MERIDIAN ID 83642-4001
HASKIN DARREN R &
HASKIN DORIS E
950 N STONEHENGE WAY
MERIDIAN ID 83642-4000
WAGEMAN CLINT I &
WAGEMAN ANGELA D
953 N RALSTIN PL
MERIDIAN ID 83642-4026
NICHOLS JEFFREY L
1210 E PINE AVE
MERIDIAN ID 83642-0000
IRAN MINH
925 N STONEHENGE WAY
MERIDIAN ID 83642-0000
KETTNER MICHAEL T &
KET MER STACIA M
934 N STONEHENGE WAY
MERIDIAN ID 83642-4000
PANGBURN DAN E
931 N RALSTIN PL
MERIDIAN ID 83642-4026
MICHALSCHECK DEAN E &
MICHALSCHECK SANDRA M
2410 SPRINGWOOD DR
MERIDIAN ID 83642-6228
1350 E PINE AVE
CZARNECKI CHERYL A
907 N RALSTIN PL
MERIDIAN ID 83642-4026
MORRIS TRAVIS D AND
MORRIS COLE D
911 N STONEHENGE WAY
MERIDIAN ID 83642-4001
WRIGHT CHARLES G
1040 E PINE AVE
MERIDIAN ID 83642-5936
COLLINS RICHARD H &
COLLINS FRANCES E
1125 E PINE AVE
MERIDIAN ID 83642-5955
BEDELCO INC
1001 E PINE AVE
MERIDIAN ID 83642-0000
1125 E PINE AVE
RAILSIDE PARK INDUST BOA INC
4414 S GEKELER LN
BOISE ID 83716-5240
N RALSTIN ST
WYLIE JAMES R IV
1676 N CLARENDON WAY
EAGLE ID 83616-0000
763 N RALSTIN ST
SWCR INC
851 E ANTILLES CRT
MERIDIAN ID 83642-0000
701 N RALSTIN ST
I jp�
C _ _
Z
3 3
w �cr
co n m
°
4 m
�m
D
a m
y
`r\ w w °o �o b
ZZ
DD o
O w
m
O C
o. c
M or
Om
O
CD `
N
n CD
N ^`
3
N A
ID
Cb�
m m
fD
rCb
�.
A
(D C
Cb
O
Z
j :1 :b3 c c N
acmym�
H n IDQ (D O.
3
w Et O O C
N � [� O
CD
w 7 G�� O J
CD y p N J O
O
579 3 y
O OO - X. O^J N
°
<D 3
J
N C p N n
(p � o-
0
� N
w N O Q D
a3a m a
D G °
30- C N
°
0 0 y
j
z 300
m ^
33'm-
dd�,• a
aypfDx�'
c
O k N D
O y 3
w
7 nID
c O C N O ID
o,
p O N a O
° J d N C �.
30
c d j 3 m
=m
m n y a� w
a
CD
Wa'w0.
�nsQ
DCZ1
O o ? I
a
3omJ
_ 3
m
o d. � ,Xo 0 x
coCD
-my3
w
CL
y y c 3
C w 3
�.ID
y
ID ff N (nJ.
O G
D ` N GS O d
wit
()a °N
° (D m - m
RJM
y
n
n
m
m
Z
A
W
N
1 r
'D d
v
m
m CL
CL aM
n
'
_N m
W CL
y
Q
-z'D
N ^`
3
N A
ID
Cb�
m m
fD
rCb
�.
A
(D C
Cb
O
Z
j :1 :b3 c c N
acmym�
H n IDQ (D O.
3
w Et O O C
N � [� O
CD
w 7 G�� O J
CD y p N J O
O
579 3 y
O OO - X. O^J N
°
<D 3
J
N C p N n
(p � o-
0
� N
w N O Q D
a3a m a
D G °
30- C N
°
0 0 y
j
z 300
m ^
33'm-
dd�,• a
aypfDx�'
c
O k N D
O y 3
w
7 nID
c O C N O ID
o,
p O N a O
° J d N C �.
30
c d j 3 m
=m
m n y a� w
a
CD
Wa'w0.
�nsQ
DCZ1
O o ? I
a
3omJ
_ 3
m
o d. � ,Xo 0 x
coCD
-my3
w
CL
y y c 3
C w 3
�.ID
y
ID ff N (nJ.
O G
D ` N GS O d
wit
()a °N
° (D m - m
RJM
°
❑❑❑ ❑
CD
0 S w m x
0 c (o 'o .Z
a Fn -
m c m
m yOL
O
T 3
N w
❑ ❑ ❑
CD ^
(D N N
� C
J J O D D 3
N a J n a c
D
CD �
DN
0
D J
N N Q
N
� C �
(D n
w
4
J fD
p� y m
C C
(D Q
El El_--
�
O (p
Om z g
cQ
O � O c 0" co.
c 0
.. Q
CD Q
(D w
CD n � N �
Q O X
T �
In
CD0 p �N
CL -3
O
CD 000
m w o
m
o
T� �w O -
ID
CD CDD 0 w_ N
Q N = C
CD Q O cn Q
CD3
N
y
n
n
m
m
Z
3
3
m
1 �
�
v
m
o
n
°
❑❑❑ ❑
CD
0 S w m x
0 c (o 'o .Z
a Fn -
m c m
m yOL
O
T 3
N w
❑ ❑ ❑
CD ^
(D N N
� C
J J O D D 3
N a J n a c
D
CD �
DN
0
D J
N N Q
N
� C �
(D n
w
4
J fD
p� y m
C C
(D Q
El El_--
�
O (p
Om z g
cQ
O � O c 0" co.
c 0
.. Q
CD Q
(D w
CD n � N �
Q O X
T �
In
CD0 p �N
CL -3
O
CD 000
m w o
m
o
T� �w O -
ID
CD CDD 0 w_ N
Q N = C
CD Q O cn Q
CD3
N
v
cn
T
O
3
W
co
4
V
D
n
O
3
m
VR
a
6
m
m CJ7
W
N
1p
(fl
co
v
d)
Ui
A
Cl)
N
•
01. Z
cw
�ac(o
N
1
fD N O
C
o
w
o.
_
v
.
m
3
a
m
m
Co
�
�
n
�
C).c
w
Z
Q
a
N
C.
O�
00
♦
%'\O
I,
\
I-
'1
w
m
CD
o
I.
3
w
,v
n
�
m
y
ti
R
y
❑❑❑❑
v
\
coc7
- m m
m
0 c C o
Q (D N
N
CD
N
Q
CD
❑ ❑
p J C1El
_Q
C
w Q
j 0 mp_ m
CD
°�
— p m
3 m m
111
Z
-5"12D. m
D
�
o
3J
u ocmc_
m
n
l
,60 m Q 0 a
m
N
m m O n
_3 �.vi�� w
\"c
m
N
n- ooc
0
w
i
j C O
lD3 = OT
N
Q
N
too m
n m o c m
O O K.
3
m Sn C N p
O 3 O p m
CD w � o
CD
cm
pCD
❑ ❑
ma
CD
n�
CD
x
os
m to n
c
Om
p=
Q
Z
o y p'
CD
l a °i
m o
c
N O
0o $
w -'mia3
r- f
33.y.���
m
m 37
a
wn
cn�' n� m'a
mp
o w
moo3�5
CD
� m
d p 0 X, m 3
6 O 17
CD
� D 3
3d�
CD
mn
- w
a�:
:m w
-
ID
219- 2 OD
CD
CD
wm3�, tDm
mm�D
mai ��a
T�(A
D
w O 3,
3Z_ -2•w
'o��dcd.
n
m —i
� n
-n
�.
Q O co
CD
s c
pp m
m
m
0
j o o�
<3 3
.
m
LD.o�w
N
�' 3
ID c
a�Nw3
�
v 5,; -;z
i m5 °'. 5. m
JJ
3 y y 3
m
Y d w m O G
w
N
A O '
G d m w O w
0`<
u �Sno w
N N N
N
VR
a
6
U)
0
3
CA
00
V
V
D
CD
a
r,
E
—
1
1
J
1
1
Cn
A
W
N
r
aZ
m
C`
Cl)
N
c' O
w
lID
3 M.
�\
V
c m
p
oCD
m Z
cl. 3
rl
C
o
o
V
1 0
y�
Z
CDo
CDw
� °°
owl
a
w,
cn
a
a
_w
3
Cba
0
CD
o
CD c
�
C
C'
j'
Cb
aT
°
m lb
CD
❑
v
CD
_0
nw
0
CD
j
5
`D
� 3
w
i�E0 cn-'O.o ��
� w �
v0 a
ID
m
w
m
c
.0 a.
c �c
w w - :Z5, O
�aMCD
3 w
c
O p wO C
D o x ^ 0 w
m
Ip
a
�WcN(DN.
I
----
O3oom
—
»a
F—�—
w
j�$��.
°j
ro
m� `oma
N� O c w
w w n
� .32 3-
OO N O
d= b N W 3
33'v N�
wmyi• an
_0 w
C N° w X a
0 0 03
'0 7
N °
�w 3 m
7 w G cw O
4ID 3 _O
w_
:3 ° w a o
a c ro
3 c 3 5
CCD
H Q N a
7 7 W p w
a F Q JN
o0*(D �
� 0'a .3
3
3 o m w
Er m.
Q w y N w
7
w m a
CL
ID N �.
O
D m m m o m
w � � 0-0
w w w�
CL Q
m CD m
]❑❑ Elm
1 tcn W X �
D N D O
d (D ti (D
o
a
3
w_
El
cD D c
m � 3
a �
O m
m �
�Z1
O
L
K
<D
w
D
(D
Cl)
T
o
r -�
N O
m m
aZ
W
V
C tT
'ao
V
D
m°
CD
�o
CD
- -- a
� N
0o �
O p
�0
CD
CDw
v
3 ° '
7 m
m m
Cp C
� a
m
x
O
W
> j c 0 m
O a c o 3 m>
wmr�oNmc
y c d N O a
o8'
n m m
CD3
o
0
m° 0 m
O O X 2,.E
0 O - D
d0 C O= W
N
0 In
(D S g c.
OZ w N O Q 3
a
3CL?.m ao
3�-p ocw
v w 3 -
o n� 3 I w o3
3-
g 3' N @D 7
w P 5, ' a o'
0cn��
� v O cD K -a
° - 3 0
n
0 3
J� 3 m
no 3 ° w
5Co 9' p -
j 3 n 3
o a c '9.
w ? m m
m o.yv a
w w -ao� W co 3 a wed.
g
o O m »
� c �
Er
o °i.yo x
n (, ID 3
w m�o5
am��y.m
yyc3F»�
m � -
-0`0 o2
D m m m o y
w � C) 0 O N
Et rm(D
CD m
A W N O CO co v 0) cn A W N 1 D
m Qm
N N 3.
3 a (D
CL y 7
VJ I y Q
O4 , D v
3
m m
00 00 o0 00 0�0 bc ,
ClIk y
D
SD
n
3
y
m
` m
y Z
r m
3 �
N o N � o
� � on
Q , .❑❑❑ ElCD
V� o
m
V m 0 x
a N N
3 n CD
CL
CD Q'
❑❑❑..
v^ �
(7 w C)
w a o ID
°-
CDc CCDD
w - .o.
o'
CD
c
m 3
CD
D
a
<� N
w w CD
c
N CD
a
❑ ❑ m >J
(7 (f1 c_ -
W
O m Z 0-
v O C �.
c ° m
57Q
CD a
CD 2 v
CD � � N
CJ O n X�
T U) _ (D Cn
m n a 3
a03
CD 11 =51
CD 2 Cn N CD
O O
3
Tn N
c(D 0 cD N.
of a>�c
CD o <° a
CDCDv
2
3
w
}
)
B1CY
6( 2
}>
(Ln
�
4
cl �
�'
>
0
j
k
c)
(\
/cr
(
W
//
/
2
}
n Z 2
§ '
7 �
J /
� )
\ \
\
�
/
&°725$$�
° �(20/®\
§-E(
E =}\
\](
(`((
ƒE�ƒ®=
\ ; —.0
G/r=:[
CD 2O
\[.3
ƒ��®(�
00w 0
(
}\/)§
_$§/�[
CD _00
a|
\D- 2\ 0.
} /3 .,
Rf»&|
7
§k
f/k$§ /
\_
/8/®5®
a3°`?2
CD
5.6
/}
[}A/ }ƒ/[
/ /\}
/k|}^=
[(((\\
2 2=_®@ 1 7
offieffmilm
a
T
O_
3
CA)
00
V
V
D
d
w
Ul
?
CA) N O
(D
O
0)
N
1
(DO•
°
D
�Q3
m
U) 3
�Q
N N 7
a
CD m
CL
D
c
Q
(o
CD
m
o
CL C
A
N
?
?
?
CI
� A
CL
ko
%0
to
v T N a
V
OD
V
OV1
(_n li
W O L
L
r,
n
P A =
m O
A Ip
N
0
n
< Z
CD c
3
°�'
d
Wm
_
cow
c
SD
O D
c%'
of
42
Et
�
_
0
N
CL
O
Q
i
(D N
3
fl!
co
N
=
@
D
n
0
3
Q
O
O
o
fl7
v
p
�
D
C
�
T
fl!
v
n
3
o
n
�
3
�
�
N
CD
3
0
❑❑❑ ❑ m
0
m
o
m
M 7Z
x
0 m (CD X
N
n
m N
D
C
m
� 0
T
a 3
(D
CD
m
N
N
❑❑❑❑
m
(�J1
N
un
m
m
rn
<
m
m
m
�' m m
_��
3
a)
�
Ln =r
C
`�
w j
p m (p '
w 1)
m
LD
m
m
Q
CD
m
m
a="
CD
c
o
a
cis
a
;r
CDU3
3 m
_ m
0
0
0
A
w
0
0
o
-•
i
0
CL
D?
�c
.7�0
5"c.o'i
�j3c((D
o
...m
3
R N y j y
_ n
(D
D
CD
0
w
ooco.
ET
a
-mom w(3.c
<�,
w
(D
w o c�_ a
N (D o O
m3.o<
e
CD
ma
m
N � o 3
3
3
3
3
3
3
Y.
3
o o x, C m
(D
lD
CD
(D
0)
N
CD
M
m
o U) C ID
t0
-
-
Oi
a
d
a
a
0!
a
0)
a
OI
a
01
a
07
❑ ❑ -
3 0 o m
01
7
7
O
01
7
O
7
7
7
7
_ =
�. m
n
m w-' �
'.'a3�mO
�.
o 'n D
n
'D�
a
m
c (D
a, m O
�o,S
3�oocw
0- 3 —
M
NCD
.
c cl
m w
0 o< c o
o' m
n
_ m 3
3 m, ._ °
3w mao'
OD
w
00
w
OD
w
00
w
OD
w
00
w
00
w
00
w
m
`, w
N
N
N
N
N
N
N
N
m n
_
? (gyp
cnm
(nm omx
N
n
x
C
�O
CLy
ym
-<
m
CL
_
CD
��wo3wS o m
PL
D
m
y NO
�owao
o Q t
CD
n
m c
s� 33�
w ? m
Tcn
0
p
-°63
11x F N
co •< ^. m
CD am��pa
-
-
CD N N
�_ >
mwm3
�- 7 D' y
rn
T
O O(O
0 n
S
c pD�om
C�
x
A
ow.� x
�
NN
\h
5r.'
`
X11
j!
w�mKR5
Z
3
am _N m
�3c 3Esm
w
w�dmoQ
D m w o w
w -
M
a;m m � m
2
❑❑❑ ❑
CD
O
� (7
CD
j X �y
OO C G
Q
m
CL D N
N �
E
° z
n 3
CD
T.
00
0
�
O
W
CC)CD
v
O
v �
rn
rn
3
� � n
a
m Q m
= j
w
CJl
d>
W
N
�cc
Q
3 CD
> ID m
Qz
7 37
m
a 33
v
'O r--• :E i -
CD
m
7 CD
c
-
m
N
v
m
m
?
A 10
N
z
D
N3
CD Q
W
z
z
ON
z
Ln
o
Ln
z
r
01
z
CD m
z �
3
3 win
N T
p
CD
aTn0
CD
ko
Q H
O
O
O
O
O
O
O
O
O
Q
vw
O%
COOp�
'O
CII
Un
cOo O Q
O
W
N
N
O
CSO
V
-Un
3
N
r
tD
00
,fa
0
o 5
LD. w
n
�7
a
N
m
N
z
CD =
w
0
p
Q
3
0
3
n
cn
7
N
m
w
_O
C
Q
O
03i
d
m
o
a
a
v
�,
a
Qj
<
a
D
a
a
a
(na
m
[�
y
cep,
N
chi
D
N
(�(��
S
�,
o3i
@
m
o
jb
wo.
m
W
c'1
Gl
3
7
W
fll
`L
6n
3
(D
=
3
�i
m
N
S
�
O
n
a
i.
NNo
a)O
CD
rr
<
n
N
a
m
N
N
:;r-
�j
a
0
7
lD
::3
CD
C
3
R
a
o0 (D
`°
C acmemes
R- N y 7 y q -
0 C
d
aoomc0m ' Sb 510 w
ID M.
3 pJy X00 c d
061. o c
0 o x. m
C N
CCDS4m w
a
o w m o -m
7Cno7
3��ocw
m w n G
oov� 3
y �m
3 3 °. 0
y 0
w d
n
- � �
0 N
7 Cnoa
�N w
a 3
;7 a .
o< 0 3 u w
W m c 0
7 co,3 w,7
a(20, -w
o
0 0.
O n
ry c c
7a33 y.
. 3 m
maw�wo'
w C m
-oafQw-
o 03
, '2 0 3
3pm7�
o W-.59 N
SO c
d m o w c w 3
CL N y 7
m o
d (D = _ N 3
C 3 to 7
wmw0NoQ
Z n?OV
D w N 7 O wG
7 0. O w CO -
0 D
CL (D N N
`�mmm
❑❑❑ ❑
CD
O
� (7
CD
j X �y
OO C G
Q
m
CL D N
N �
n 3
CD
T.
00
0
�
CD
El 11111]
a
v �
rn
rn
3
� � n
= j
p CDD CD 3
7
w n
�n a
�cc
Q
3 CD
7 37
m
a 33
v
'O r--• :E i -
CD
m
7 CD
c
-
m
N
v
m
m
?
ON N
m z
CD M
N
z
D
N
z
W
z
z
ON
z
Ln
o
Ln
z
r
01
z
R
a
o0 (D
`°
C acmemes
R- N y 7 y q -
0 C
d
aoomc0m ' Sb 510 w
ID M.
3 pJy X00 c d
061. o c
0 o x. m
C N
CCDS4m w
a
o w m o -m
7Cno7
3��ocw
m w n G
oov� 3
y �m
3 3 °. 0
y 0
w d
n
- � �
0 N
7 Cnoa
�N w
a 3
;7 a .
o< 0 3 u w
W m c 0
7 co,3 w,7
a(20, -w
o
0 0.
O n
ry c c
7a33 y.
. 3 m
maw�wo'
w C m
-oafQw-
o 03
, '2 0 3
3pm7�
o W-.59 N
SO c
d m o w c w 3
CL N y 7
m o
d (D = _ N 3
C 3 to 7
wmw0NoQ
Z n?OV
D w N 7 O wG
7 0. O w CO -
0 D
CL (D N N
`�mmm
1111 o
D CD
n N
0 (n x CO
7 O f7i1 6 !A
v a c CD
m m 0 PDD
CD 9 a N
N ? N
(D
o 0 x
Q (D N
-n - o w
m n a3
o
CmCn D O 0 N
CD = CD y N O CD
'n o O 0 3
CD x �- N, N
SD (� c
- ��.Q 00 a
CD O
C
3
N
❑❑❑ ❑
CD
O
� (7
CD
j X �y
OO C G
CD CD (D
CL D N
N �
n 3
CD
T.
�
CD
El 11111]
a
v �
rn
rn
CD
m _��
(n
= j
p CDD CD 3
7
w n
�n a
�cc
Q
3 CD
7 37
a 33
I0
a
S
a
m
CD
1111 o
D CD
n N
0 (n x CO
7 O f7i1 6 !A
v a c CD
m m 0 PDD
CD 9 a N
N ? N
(D
o 0 x
Q (D N
-n - o w
m n a3
o
CmCn D O 0 N
CD = CD y N O CD
'n o O 0 3
CD x �- N, N
SD (� c
- ��.Q 00 a
CD O
C
3
N
S7 O>Z
1 1
v
0)v,
CD c am
N o w N
(D
` O
Cl
N
Tl CL
L1.
O
(D N O 0.
3 ,< c
3
(n
C0
�D
4
�mg
3� $4
(nLrl
a
?
?
? a 3
Ln
w
�,,� co o p a
(D
W
N
Im
OD P ^
r
A A
DCD
0
N D
N
(D C
4 D
(D Z
p 3
O
9
O w
2.
D"
�
g
N
O
°a
a
o�
n
3
�
CL
oCD
N CMD
aw
n
3
7
p
0
0
O
n
'O
=r(D
7W
N N
VVN
V
y
O
O
-
o ❑❑❑ ❑CD
w
(D n j X X,
O
si
O m y m CD
a
y 0
cL
CD
N o
(D
m
co
F,rC
p
0
C)
0 ❑ El El El
c�nW
t�i�
� O 77
m
m
m
m
z
z
z
?
? _ D=CD �
W
W
07
v�
to
g
��
,N'
cD
0 � 0 0 a 3
m
of
�i
>
>
n p
��
F
d
41
ro
ro
7
ro 9, a
ro
(DfNr
;-r
rt
O
7 ]�
c
co ri 5-2. 0 7
`G
K
`G
G
>>3c 05—
-0 0.5—
`G
� m
aw c m es
N_ 7 y (D C
C
CD
0
CL O n (D U (D 0.
N
w
G N (D
0 0 c
^. d O n 0
w C
w " � 7
d � c JA — j O
C
D D
NoD333.°`m
3
3
N
3
r3D
m
3
ro
D ow o a c
(p
ro
ro
ro
N .. 3 cyi„ m w
a
O.
flc
d
fll
N
N ❑❑ CDcn S
77 cl�
mwaoD'
O= o cr
0 j (D O (DD cl
4 C (D (D
- N
a Q
N cn o 7
C
3Nw0cw
T a
0 o w �
'w =. m 3
W
W
W
w
Cow
W
W '
-3' v' cD o R
3
N
N
N
N
N m� ? ((nn D
O x
mL o r�.i , w
7
N N R1 0.
N
1
N
N
(D (n O7 n
Q (D cn
(n y
cD o o v
W Ln
m - d es
m0 CL F)
X.(wn3
< 3 d
D N
N cn v o 0 (D N
y c p
mm w
o 3. w
2 N
cD (D O (D
m a
0 o
mam c o.
m o m 3 m
O� %C LD
?' 7 3 3 y
y y 3 �. (D (D
CD N
croi v (nc
m 11
mD� Q O(O CDQ
m� -•
aW�wg°3'
f cy
Vv
'< C7 m
\.
o Oo o cc m
�
om.5m�3
3
C/
W A D'
�(n-�aicc
r
3 (D$ y : 3CD
m
lQ
co
w ~
m
m�wwa
3 c 3,,-3
.
n o `�
IJV{
Dm o v
w
D m wCw
QO
c D� N y , Cr
d (D (D m
O
3
CA)
ap
y
crn' -i
o
mu
Q z
C
co Cr
7 -%
CD
1n
(
1
ACA)
N
1 CO
- O
4
" -P
Z
W v
O
�
�
D
m
N
1
CD
fA C
Qm
CD
N
a
CO
�
CD
N
�
C(D
r
7
� O
C
S w
CD C
3
m Q
m o
OCD
0
n CD
CD M
m
(D
Z
N
n �
O O
m
v � �
N CD
N
7
F
d cn�p0M
d pj :3 0. m
0 a C G71
0 CD (Sp C
w N N —
M n0 m Q'CD m
m` m o
� w.-.wyici�d
-
w�c-aw o.7
A y ry 7 OT
m° v 3 3 m
0 o w o o c
o Ox.;
w . C _ N
D 3 O O
CD W = O C
o w a0Q
m
7. CL m a
7 cn— o 7
3N�0,cw
CO: 3 Cl
0 o w CD
7 Q � i1 3o
33 w.�cCD
y V D n0
7
Cn N O w X n
p O
7
O O y N m
w 0 O x y 3
w<m3�o.
7dfg3w.7
m m CD,
s 0 0 3 3 m
ww33.mm
CD w. 3 m
0.m n
v w g m
o n F Q y
- m
oO�oID
�
�p�7o3
3 o m7 w
g W= x x
3
CD
C
a(DNy73
g
ow o
C 3-5
lb
� D W OL w 5D w w o a
7 0�
w � CD
a°D M
N ❑❑❑ El
C)
CD
Co (7 37 X
CD 0 C CD
W CD
CL O N CD
N �
a 3
CD w.
CD
El El
o�c>�
ny 0 CCD m 3
N o a CD
0
CD O 3
w
O
7
A �
31 p1 �
m CD
�C
N �
CL
w N m
c
c �
m a
o ❑❑ o
C 3
--..CD C7 (D
(7 N Z = 7t (Q
7 O N 6 Cn
n c CD N
m c a
CD a N
CD
CD�
CD (A
O 0 x
_ CD w_
-n Cf)
O ;1.N
CD CD n n �i 3
r 0 O
CD �CDm
= m w o m
T ° 0 3
�v�� m'A'.u�
CD
Sv N = C
�9CD
a'a ��Q-
CD
CD
3
w
N
513
ODOD
r0
Z
W v
O
�
�
A
N
1
CD
fA C
Qm
N
a
3
CD
C(D
O
7
O
z
3 n
CD
CD
f1
3aa
m ID
n
m
G
�
d
a w n
r
r
p
r
r
A
N
aRK 3
Ln
koo
t�ii
s A
c O a
Ln
CD
V
vii
cNn
(J'I
cin
.A
W
co
W Q
D
A fp
n
N
C
C
CD
N
T
fo
O
z
(Q
w
0)m
=
�
CL
Q
a
n
�
n
a•
y
a
cn
7o
Z
r
p
ul
n
O
�i
m
3
d
CD
w
N ❑❑❑ El
C)
CD
Co (7 37 X
CD 0 C CD
W CD
CL O N CD
N �
a 3
CD w.
CD
El El
o�c>�
ny 0 CCD m 3
N o a CD
0
CD O 3
w
O
7
A �
31 p1 �
m CD
�C
N �
CL
w N m
c
c �
m a
o ❑❑ o
C 3
--..CD C7 (D
(7 N Z = 7t (Q
7 O N 6 Cn
n c CD N
m c a
CD a N
CD
CD�
CD (A
O 0 x
_ CD w_
-n Cf)
O ;1.N
CD CD n n �i 3
r 0 O
CD �CDm
= m w o m
T ° 0 3
�v�� m'A'.u�
CD
Sv N = C
�9CD
a'a ��Q-
CD
CD
3
w
N
513
ODOD
�
N
pr
�
�
O
N
N
3
CD
C(D
O
7
O
CD
3
CD
CD
f1
�
N
G
�
d
N ❑❑❑ El
C)
CD
Co (7 37 X
CD 0 C CD
W CD
CL O N CD
N �
a 3
CD w.
CD
El El
o�c>�
ny 0 CCD m 3
N o a CD
0
CD O 3
w
O
7
A �
31 p1 �
m CD
�C
N �
CL
w N m
c
c �
m a
o ❑❑ o
C 3
--..CD C7 (D
(7 N Z = 7t (Q
7 O N 6 Cn
n c CD N
m c a
CD a N
CD
CD�
CD (A
O 0 x
_ CD w_
-n Cf)
O ;1.N
CD CD n n �i 3
r 0 O
CD �CDm
= m w o m
T ° 0 3
�v�� m'A'.u�
CD
Sv N = C
�9CD
a'a ��Q-
CD
CD
3
w
N
513
U)
T
O
3
w
v
Q z
c C
C�
m
Cil
-P�
1
K �
1
Q
v
�:2
cn
a
_np
N C7
Q 3
N
1
D
m
4�-CDN
. -o
�w
mCn
v5, 033
CD =
m _ a CDE-. CW
CD CDCD0
0 1
CD
0
W CD
n In C
cx o w n.
O N
CD
CL co W U)3
-. G
d1
z
c
Ti
Ui
CCD
wAA
W
9
ID
N W
m C
Cl
Q
w
v�
m o
v
OCD
5.0
N N
o
m
m
m
Z
d
A
C l\
W
m
0
(DD m
CD
7
Q
F05
CD
mm�mo.o(CR
7 �� foo c o.
m Do
yo7�33Om
O Ip
O N
O O - 7
CD Cn C Vii (3p N
°3 00�
N W j
o y $ Q
�. CL m n
9 o
mo
m � o :3
ocd
3 -
n
CD a
0 o w $ o
Q m w 3
33 'C
N D
yi D n
d d ry
_° cNi+--i W=
(n U O N X a
CD
O co,
y m m
n o o x_.N 3
g� w ,ad
50 CL o, CD
a3cN.
Wc3'CDm
am -� n a N o
v d
aafum
n- CD"
o O o C
Za� 0 ID
3
_ o m:3
O N. 'No J x.
CN 3
C
d CD :3
CL
m g w w COD n
O. lD 7 - V 3
K�3 3ea�
m.owi;
�o-o
D pi fD w
m Cn a -o a
7 N N . (p
CL CD cu a
r
O
u Cn I
C) CD
T. (O
a
K �
Trn
3 CD
00 rn
cn
a
_np
N C7
Q 3
N
1
CDw
a 3
(D
4�-CDN
. -o
�w
mCn
v5, 033
CD =
m _ a CDE-. CW
CD CDCD0
0 1
CD
0
W CD
n In C
cx o w n.
O N
CL co W U)3
-. G
d1
z
c
Ti
Ui
CCD
wAA
W
Qm�
A p
`r°
Ln
Un
Un
Ln
Ln
`°
Ul
Ln
Ln
tD
Ln
Ol
o O a
W
N
rV+
VO
t�0
pD n
a
N
N
m
A
�
z
fl
or
5D
d
of
fj
O
-n
@
Cl
y
a
�
a
p�
_
p�
n
�j
:01
�?
a
r
O
u Cn I
C) CD
T. (O
a
K �
Trn
3 CD
(�
CD 77
CD A
a
_np
N C7
(D
_ C
N ❑❑❑ ❑
u Cn I
C) CD
T. (O
a
m A m x x
C tp G
7 D O
CL N (D
CD 77
CD A
a
_np
N C7
Q 3
w.
CD
❑❑❑❑
4�-CDN
. -o
�w
mCn
v5, 033
CD =
m _ a CDE-. CW
CD CDCD0
0 1
CD
0
W CD
n In C
cx o w n.
O N
_ C
❑ ❑ C) n
3
u Cn I
C) CD
T. (O
a
7 D O
CD 77
CD A
0
_np
N C7
o su D
(A (n
O O x
CJ � CD Cn
CD
a= 3
O
. -o
�w
mCn
O 0 O N
CD =
CD y O N
=
0 1
CD
CD
W CD
n In C
cx o w n.
-n
CD
C
(D
d1
Ui