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Banducci, Jim RZ
• Jim Banducci, Jr. 945 Pimlico Dr. Eagle, Idaho 83616 Mr. Jack Nieman City Clerk - City of Meridian Meridian, Idaho 83642 Mr. Niemann: Please find enclosed my application to rezone the property on the west side of north Meridian Rd. at the intersection of Willowbrook and N. Meridian Rd. I appreciate your assistance in this matter and will gladly provide you with any additional information you may require. Sincerely, ~G~h ~~~~ m Banducci Jr. p-PPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE t•fERIDIAN PLANNING AND ZONING COfftFISSION FILING INFORtiATION• I. GEtJERAL INFORtCATION __Uril~l~~ttcrl._por_tion_Qf Meridian Manor q 5 (PROPOSED NAtfE OF SUBDIVISION) ___Westsicle of North Meridian Road at Willowbrook _____. (G~~NFRA[, LOCATION ) ___See _nl?I?lication (LEGAL DESCRIPTIOtJ - ATTACH IF LENGTHY) [3eclc~lco, Inc. -.~_ - --- _ - ---- ( O1.1NER (S) OF RECORD) (NAt4E ) 52or1 Sorrento Circle (ADDRESS) Jirn Randucci, Jr. (APPLICANT) (NAt•fE) 322-0555 Work 939-2223 Ilome (TELEPH0IJE NO . ) __ 945 ['imlico Ur Eagle Idaho A3616 ----- (ADDRESS) E3riUc~s Engineering,- Inc. _ _ _ 3x15_2881 ( ENGItJEER, SURVEYOR OR PLANNER) (NAME) (TELEPFiOtJE NO . ) 1 1 1 1 S.1'Or'chard, Suite 600, Boise, Idaho 83705 __ (ADDRESS) _Mcriclia~t_CitY_ (JURISDICTION(S) REQUIRING APPROVAL) Residc~ntial Rezone _ ----- (TYPE OF SUBDIVISION - RESIDENTIAL, COMEtERCIAL, INDUSTRIAL) Boise, Idaho 83704 375-x1341 ( TELEPHOIJE NO . ) 3/4 acre ACRES OF LAND IN COiJTIGU0U5 O1.INERSEii P . (FEE ) (ACCEPTED BY:) • • Jim Banducci, Jr. 945 Pimlico Dr. Eagle, Idaho 83616 1. Jim Banducci, Jr. 945 Pimlico Dr. Eagle, Idaho 83616 Work: 322-0555 fiome: 939-2223 2. Bedelco, Inc. ~ 5204 Sorrento Circle Boise, Idaho 83704 375-4341 3. See attached. 4. Meridian Manor Subdivision - Unplatted portion of Meridian Manor l~5 5. See attached subdivision plot map. 6. Vacant. , 7. Duplexes 8. R-4, Meridian City 9. R-8, Meridian City 10. The main characteristic that makes this lot suitable to the zone change request is that it is located on Willowbrook between Meridian Manor subdivision & Meridian Rd. What little extra traffic three duplexes would create would not be driving thru the existing subdivision so traffic & or noise should not be a problem to the existing subdivision. 11. As there is an apartment complex across Meridian Rd. (James Court), I feel-that duplexes would provide a suitable transition from multifamily apartments (James Court) to a residential area (Meridian Manor). 12. Sge attached subdivision plot. 13. Attached. 14. Attached. • • 15. The current Meridian Comprehensive Plan states that the future intended use of this property is for residential reserve. The proposed zoning amendment would meet with the long range plans of the City of Meridian for this area. 16. Attached. 17. To be completed after submission. AFFIDAVIT STATE OF IDAHO COUNTY OF ADA ss OF LEGAL INTEREST I. Ed Bews ~ GJ B~~" ~+.t/rte- , 5204 Sorrento Circle (name) (address) Boise Idaho 83704 being first duly sworn upon • oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I gran my permission to ~~~ ~~ ., s 1111 S. Orchard. Suite 200. Boise. ID (name) (address) 83705 to submit the accompanying application pertaining to that property. Meridian 2. I agree to indemnify, defend and hold'/l~~s~ City and its employees harmless from any claim of liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 5th day of October , 19 92 SUBSCRIBED AND SWORN to before me the day and year first above written. Public for Idaho Residing at My Commission Expires: ~` - ~ ~ -- S a~.cu ,zp~ Si-F' f d L 4$~•21i'E~ <~<t •r -t ' " nu:~t s y r a`~ ,5ti+ ti T 1-v ,~ iii' ~ i ' ~Z~' ,.js,'~ie ~ `N° + •indenturb to be executed by its duly authorized gf>jtcsr`,'.>{n accoc ce vith y 'R1I +'ria11'/+5_, ~ ~ ~ ~ ~ ,g~Y~+7 24 +~r i _' ,'L big ..1L~~ '~ ~'~f ~1 r) s t..~.. ~ r' r.. ~.. .;, yiy~ .. _..~ ~ _; : ,.. .. (.,( . ~ - `~ . !t ,~~`~;~'I ve °,~ c 4,:1 1 1~'• +lr' ~'. ~ t~ ~'~~ ~{~ j ; corporate resolution duly adopted. all~in the dap_ snd' gear first~hereinabove , i ~~ a?`~r t c!f . , t c ^ i AYE ti. 1f.' ~~ 1, k~`_q~,~ written .~ .. ` ~',~rk *r~ ~\rr~:`,~ ~ ~1~,' r' "4 ,~; f ~~"+ ,:, _ ~~i Y Y ~ .~ 11 1 ~ 11/ 1.. i - - 1 ~."fie r ya"kj 3 ~ ~ C. ~r'f. ~'-.•` •• ~•~ :';;• ':,,~ TIIE IDAHO FIRST •VATIONAL BARt; _ .. ,`^, Prcpcr[y~c - Tnls[s '^ ~ ~ J ~ ~: " c ': .. ~ • •, ;'I'A'Cfi• O'r IDNU) ti!i . S LUIIR Cy Of Ad:l ) ~~ On th's ~(_~ daY of __~~'~_~•_~_• ~_ ~ __• 1~1'H, hefole nc, the undersigned Ncltary 1'uhl is in and Car H 1 i.l titare, pcrsllnal ly :Ippc~red JI)Iltt O. RYF.RI.Y, ~.IlOb7^ to m•~ to be th~~ pcr:nn vhnsc uamr 1s sub srrihed to the foregoing; instnlnent as the Prclperty Officer -Trust cif T.IIE '? t.UAllO FIRST \.1TfONAL I:AtiK, a national b:lnking assorta[inn, anJ acknov- v .!edged to me that he executed the same fur the pnrpuces and considera- tion therein expressed, and as the ar.t and deeJ of said association. IN WITNESS Iv11ERF.OF, I have hereunto sr.t my hand and seal tha Jay •' . . ~ ', _ epd year in this certificate first ab+~ve vi i[ten. a3 S ~ y }. 1- a .1 I + .~ ~ ,/ / ~ :'~,'~ v1 t ~' ~l ~.,,,~ ~.~ - Nc.tary Public for Idaho ;~~; `;~~ i~`'~ii~ ~'' 1 1 •.r 4esiding at Boise, Idahu "~$ ~r~, ^~. ~ ~: ~) • ~` mot.;: (r ~h^•' 'ly commission expires 6..rJ•~L +,.. i . 'C ~ ~ .+ ~.~ - CC ~ ~ ,.-. .141 r ~ ~/~..•: T v ~R'~<<. fL ~j~. f ~'1r ~' • ~i '.'S ~.3,t ~K~`~^~' Tt per. ~~et .y xc i flr~y,,~~1 ,, 7' ~:~,.>~'~~yr.~ ~,{~ t3..4ib /t „ . ~ ~. 'Y < . 4~."~ ~NS~t] l~ ; 7 fT °x \ ~ .Ji. ,`~''L~Y'~•~7r.351:~7. `L r ~z ~ 1f'lC •. 1, Q Y'+, ~' 1i {~1~"t.Yv` a ~ •+/~ iv~ k-.~ia~~?fR~,! _ ~ • .r •~ r : - a f!~ l ~ a.NlCTjI`~~ -S' r IM r~ ~^? "`,"~j~'rn"ys~p .ht'~> _ ~ si" ~ 1"})Tj "~~M1 i .'' OCN ~~ i .+•1A + ~/ ~ =,4D~ ~, ,p a.. {~1'~~d: y~/1 +11,~~ ~. ~'njt ~ ~`~ ~::+' s',t~r. r~ •'~. L ,~, :. f iw ~ l ~l~9rT 1` ~"s~~~k cif '-S. ~t ~t n;t :. i6: ,F ~ r 3. •~f hµ > RL'~7 ri 1.4~ ~7iu/ » y~ ~ ~ •~)fJ ' : f ~C*~T['i~ f~ti .uL --YY Y.., _ f }may ~' ~ 1 + f. ~, ~ •{'t"l .y :.r t 1dj.. 7 .`f .o- - 1 ~.' _~F~' fi~s ~i!• ~K~~rts.„ +~ , ,,, ~ - ti i" S- ~n" s~~~ ~"^ ' w s: r Ifs ~ ~~ ~~ ..) i a£. ~..~,~'((.~.y~ ~'- ~ ~ ~.~ ~' .!~ ~' y~, Z. ~ 041 ~ St _ ,~,~? y Ir`~ k~.;i ~~' + ~ +,''- AC '~- -•-~.--~.~_~.,_.--~ -- -.._ ,.-~ _, r~~.r ••• f~Y'W~~ NYatKVC~,Y Ll°n,.Ni';~R6~ ,. stt~ t~'i"en Dollars i'itd -other valuable 'catu ~aa;d t~ ~ • ti 'a` ~ ~artx of-the second Dirt, the receipt r+l!eteo~1. t edl}hag w .~ t ~~ ~ ntod,;bargained,-sold and conveyeJ,~and bj~ ett ran i` `Ta, arniti ~~ 1 and convey ~rnto the satd ps ~ ! ~ '~~~~~`4J;,t~ 1 `• !~ .. y. of°'_ ~ar ~ d ta~ ice .t ~ ,x~~ ucceasors and assign foruvcr, all chat eertaitr. ~ p p •itttatq •~n r.t~, e s ~the.•County of AJa, Statt~'., ~ ~`~~~~'•~ ~' ,. . T . ,'. 1 ~ t: to-writ: ;, , u~~•i ~-~`'!~~~'~~ }~ . L r . r .'~ ~ ,. A Darrel c,f lrotd 1•:ln); in [he NE 1/4 of the SE i/Q ti `; ' t _.~` ,-y- of Scrt loo I , T. 3 :1. , R. 1 11., B.N.. Ada County, , ~- _' t' ` ~ Idahu, and a ire part irul.trly described as follows: ). .~' .. Beg:nninl; at the Nnrthea:a corner of thr sa1J NE l/4 • of tLc till I//• of Scrtinn 1, also said point being . the RF..1L 1'(~1::'I' uF' REG1NtiIS:C; thence St~u:l. .,,)°4R' 33' Mr•:t 1 ,321.2': feet alongS.the` • Northerly h,nindars of [hc r:ald iJF. 1/4 of tt.e S6 1/4 ,*o tit; ~r'ri_~ ~. _ - of Sectirn I •u .i p~~int marki•t the Nord ti~ 'i ~•~ ~ ` ~ S! t `+{i yt { r _ e • K ruse C°rt1@C r(~r . `,~ ~. ~ '.r of the sail t:E I/4 of the SE 1/4 of Sectiv°{1,`;,~yx ~'~ F S"ih-+r rt •~ 1 ~ry~~,~ ~{= + ~-- thence Sorah 0"ZS'17" Easc 373.97 feet along'the° ~~ ~'; , .~ ~+. ~~A.~I: Z .. Westerly bounda,y of the said t1E 1/4 of the SE".1/4c `.~' •`~ ~!~~ ~;~i'f , of Sec[ion 1 to a point un chP Northeasterly; right !~ ~?*~~ ~'~~ "~ "' ; of-wray line of Fiv[~nilc Creek; ~~' ~ ii ~a ~*~~r ,., 2 f. x- ~~,~4~ thence South 69 OS 25' Fast 1,190 O1~#~ ~ r "~ ~,~~ Northeasterly right-of-way 1[ne o! Pt4es .R a. ~=~k. y..~l~ CO a point; <r ~~.c w, . • ~ ~ ~ r''R#~ thence South 79°41' TS" Fast I66:64 .fee. : ' ~ ' ~ ' '"~ti~~ttheasterly right-of-way line of ~Pi ~ ,;`~~~ ~`• 1 thence South 0 25 30 East 141 :~ ; e~~ ~ . D _ •~..3•, ,,~-' ; •~`y, SS.OO.feet Westerly of and parallel, bouadary,_ of -. the said NE L/4: of i~~ : Into a point; ~ ';'~ ~ .,4:~,QYt,~~,{ "` .thence• North 89°JO' 35" .Easc 55:00, ee t ~ t the said .Easterly bounds ~te,NI;I a ~b A~'.1t~~ .`^~`~~ of~Section l ~ "' x ~" ~thmce lt~rth 0°25' 30" West 973.50'~tee dtl >A ~`~,``-t't' y ~~ ~'• Wsterly:boundary of the :JE 1/4,~f,4 ~$ ' g~'~ ~ ~~' ,~Co°the. po•:nt of beg inning,* C 3~ 'g rt ~ ,~'~ r a t ' ~ i once or less. ~ . iX jay `~,Y~ g ~ ~ ~ ~ ,~^ „ Pk }~~+-lc'~~tt ), s~ ~, 1 L~`_f~~t: del'.{~' N °.~:,£ {{,`„yf,tA+.in~ t ' _ - 1~'-.T'rO «'~•t1 A L~ti~~~r rti ri ~ ~~ ~i ~ ~~~ P i' `'~ ~'• 23 '~ , ~ I fem. ^L ~ /~ ~ \ I ~ - ^ ~ i (yU f - - ~ ~J? ZZ ` 9 L~.7 I; - . o ~ .., n 5, ~ - '~ ~ 2 ~ l _ ~~ L / ,~° ' X30 • ----'- ~ `~ - __ z~ ~~ , so, rw ~ Z~~ __=-=,I ., z 1~ - -- \~ ~. rn _ c ' ~' UJ O _ 1 I _a (~ ~. . / ~ ~` ~ ~ , ~~ 3 0 ~ SBp. - - ~' 2 ~2 ~. - - - -_ . _-.. -- _ _ ~ -1~ 9 0 o s8D _~~ : `.~ ~ ~ ~- ,p 9p~ °j ~No ,. .;, ~~ O ~ O ~ l 1 - ~~ ~ ~i' ; o 70~ 40 '.rn -r----- I-- ~p, SOS 350, .I ,~ . ~~N ~,-- i . f~`\ S~,R ~ I~~~ ~ p J 39 - ~I~,~I ~ ~ i -..~ ~ ~ I -- ~,_ i in ~ O I ' a __. ._. ~~ i BLOCK 4 ~ L~Ji ~ ~ ~ -------- ,. 1 - -_. ;•~ .1~-- I/16 Corner T.N.-R. I W :1ERIDIAN ZONING 28, 1992 .~ • SEC. 06-T.~ CITY OF MERIDIAN ~ JAN. 28 1992 4 JU~1TY ZONNG ~ I S 1 NTENDED FOR /RPOSES ONLY. * COI~(T~Y ZOI ASSOCI ATI ON WI LL )NSIBLE FOR ANY ati on 41 3 W. Idaho suite 1 00 Boi se, Idaho 83702 ; CONTAI NED HEREIN. Provi ded by Ada PI anni ng Associ ati on 41~ - ~ c ti . c - ~ v 2 ~ ~ ~y. 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HA ~A A A 2A D4 ~ A a x U x x ~ x a x x a~ ~ ~~ ~ ~ ~ ~8 ~8 ~8 8 8 ~8 ~ U H : x z : H~ H ~ ~ a 3 ~ ~ w a ~ N d ~~ . a ~ w w ~ ~ ,~ , ~ ~ ~a aa ~ £~ a O~ 0 m WW ~pqq £3 Cz70 wp us3 3 ~ 3 ~ ~ ~ H o ~ U ~+a Aa .~ cna ~4 a Ua a a 3 ~ ~ w U3 W~ ~ as _ z a wa 3 aH ~3 H v13 H 7~. 3 zH W3 H 3 v~ >+ ~U A U ~ ~U >+U w 33 ~~ aU ~ =~ Z ' a A >N W ~ ~d' ~ >Il0 ~ a WN N H [1' ~H UOl ~ r ~ ~ Ap111 ~ ~tf1 ~ WM ~ H zI~ ~ ~ W oo C7 ~ ~~lD [p C7 n1 - °¢ a ~ W U C A f /~ A N C7 N -I £ ~ H r i C /~ a r `~ m mU ~ d U ~ d G r j Q ~ .` N C C L n N Z ~ d ~ D fn T 7 c° _v d an ~~ ~ ~~' O y ', oou ~i~n ' i ioc Wl(]J c~ Z w a Z 0 a a m Q 0 Y Z w H W a F- m W H W J a O U w m ~- 0 ~adXH UNV '3SIaNYHJb3W aOd 1d13J3N Naflt3b '431dl183J ..Q.O"J udan~n~ uynn.i.~w~a a~,~ oov~ •-~ «o~ --~ .+~ 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 Cauncil 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 730 p.m., on July 6, 1993, for the purpose of reviewing and considering the Application of Jim Banducci and Bedelco, Inc. for rezone from R-4 to R-8 of the property which is easterly approximate 300 feet adjacent and. north of Willowbrook Drive and which property is adjacent and west of Meridian Road and which property is next to Five Mile Creek, Meridian, Ada County, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business haurs. A copy of the Application is available upon request. Any and all interested persons sha11 be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this ~~ day of June, 1993. WAYNE S. FORREY, CITY CLE K NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on March 9, 1993, for the purpose of reviewing and considering the Application of JIM BANDUCCI, JR. and BEDELCO, INC. for the rezone from R-4 to R-8 of the property which is the easterly approximate 300 feet adjacent and north of Willowbrook Drive and which property is adjacent and west of Meridian Road and which property is next to Five Mile Creek, Meridian, Ada County, Idaho. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED thisl,~ ~~ day of February, 1993. NIEMANN/. CITY CLERK Z 3_ r ~ V ~~ ~ ~ - t j V Ql I ~' {--- . ~ ~ ~ ZS ~ r ~.~' zz ~ 9 . -;'~ ~- ~ . ..-- i ~ . l 28 ~ , , .Z-- -w 4 . i / ~~ ;~ o• Z 7 ~ i . ---C -~ - -- ~ ~/+ ~ ~ ~~. Z lD' - - I ~I.J 8~, r~ rv~ o - -=--J ~ ~~ ~ _ z z~ ~ __ - Uh 90 , ~ • ~~ - ~ ~ ~ ~~ ~ .. ~. ~ K ~~ ` ~ ~ ~ .. O ~' - ~ ~ \ - - /~ ,~ Q~ - ~,\2S8 - - - 1 ~ ~ 3 0 ~ p _ _ ~; °' 2 X2,5 - - -- -_ _ -- - ~~ \ s o 0 80 ~ . ~_ .._`.~~ - _ so~, . ~ I ~ - - --- . ~ ~ -.~-,- - _ _- -, -t o i..a- . ~ -~ ~ ' E ~ \ 3~0, ° ~ ,i 41 O O' Q , o ;~, ~ ~ o ., 4O ~ ~• ~ i ~ _~--- -- . _ 70 : ~ `~ ~ - I ~, ~~`\t~O,R. ~ ~~ ,p i 1 / f ~ i ~ . 39 _ II.I l ~ ~ i , ~~O /~s~ 42 ti ~ ~I i : `__ ~~_' -~~ 75 _ I~ ~ ~--- •---; BLOC 4 - L~j ~ - ~ ~ -----._ ` .. ~~ _ ~ A A _ - , _-. _ `~ .L~ I/16 Corner /L~ e r ~ c~ ~ ~ h ~~ J ~ m /''r'~nor ~ezc~n~/ ,~jq~rtcc~ ~r, and .~~_ -- - -~ - - t rc m ~~` ~ f~ ~~~~~~ .I r?c, d~'- ~' f ~~ ~ ~~~ '~ ~~ / 7 . - v ~~~~ ~_~ --~- ~ - __----- _ _~~ _ __%_ 4=~~-~ __-- _ u - -- ~'--j~'' _ . ---- - -- --- - , ay ..~.a ~ , :. ...~~. ~ ~ ~~;~.:- _ ~- -mow ~-~~ ~ --~- ~----- - ___ _- .,~~ ~ - .~ _ _ ~~ ~iy - /mss ~~- I ~&r~'`''!L_ -- ---~!C_~5~~'~Cd!!L3 /^-- //~//fqq,,~ ,/ ___--- --._.._.---'-.-----7G1~!l.~_._~L!_. ~_._Y_!f ../ ~ ~_`_4LGIC__-~~~'~C_T.~Er!~'~'y/y/__..__ _~ ._-... ._.___-__ _. _____ _... ___ ,~~ V ~~~ ~ °~Le-~ ~ ,.. G/ l ~' ~~- ., , i - ~~ ~, i _. ,. __ % ~~~ --~~~~~_ ~/~~"_ -~'-'-__~z~ - -- ---- - -iii: ___ _ "-_ _ - J (/ _ _ __. "- ~, .~' ~~, ~~~~~ = c~?zn°-z. -~~~ • Ron Chand 1 er 1 0 7 W_ W i 1 1 owbrool~ Meridian Mano r Me r i d i an ~ I daho 8 3 6 4 2 2 0 8/ 8 8 8- 4 2 6 6 November 10,1992 To: Meridian City Planning and Zoning Reference: Rezoning of Lot #42 Blk 4, Lot #30 Blk 11, Lot #1 Blk 14, Lot #28 Blk 13 in Meridian Manor from R 4 to R 15 Dear Commission Members: I would like to voice my opposition to the proposal by Bedelco and Lawrence Ross to rezone Lot #42 Blk 4, Lot #30 Blk 11, Lot #1 Blk 14, Lot #28 Blk 13 in Meridian Manor subdivision from R 4 to R 15. It is my opinion that this would result in a lower property value of my house as well as other houses in Meridian Manor subdivision. I purchased my house approximately 3 years ago with the understanding no apartment houses or convenience stores would be built on the vacant lot. I was assured by the real estate company that it would either be a one level business office. or single family dwellings. Apartment housing would encourage the erosion of neighborhood values. Tenants do not have the same sense of values that homeowners have. They do not have an investment to protect and very seldom stay long enough to care about the neighborhood. I spoke with approximately 50 people in Meridian Manor subdivison and all but 2 were opposed to the rezoning of this parcel. A petition opposing the rezoning was passed around Meridian Manor subdivision and will be submitted along with this letter. Please keep this letter on file as a reference to my opposition to the rezoning of said property. Sincerely, Ron Chandler ~ • Nov. 10, 1992 /r-v G~ / _ Dear Sirs, I don't feel the reasoning behind the change from R-4 to R-15 is in the best interest of the Meridian Manor home owners. I believe it will increase the traffic making it harder to get out on to Meridian Rd.. Also making it unsafe for children. In time it will cause our property values to decrease ~2,c,0„<,cAQ, c1~ 'a^1J ~~~~ G111.Qp' . Paul Bockmanh ~,cli.~a ~.~ x a 3a~o ~ g87-37/3 Ua.M P ~~d°-e' Y (\^~,1 • r 1 ~- ~ > > ~ C~~-~ nl~ n ~ t n~W~ n"1~21~I~n ~[~nninG r~n~ 2on~n6 ~~ L~ ~~' I 3 ~ ~~T I ~~N o ~T~T-- ~ ~ ~ , (~1~2,1 pr r-}~i1 , I n~~l o ~~~ ~ o~ ~~~- ~c~, 1~~ ~~ ~ L~ I~ Tt~ ~X~I?~~ Ou ~ 04~~o s c r ~ on T~ T~~ ~~ -~nrn6 e~' (`n~~2~ O~~~n (^n(-~na2 ~UIQ~I ~i~ ien ~5~ L.©T ~-~, ~Ccx-K 4 , qnr~ (~o~- ~~ ~Ls~:K 1 I , r~n0 `Yl~,-~1~ I nn -'~n>~no~. ~u r~p~~ ~ ~~~ ~ n ~ ~ , X07- I ~ Lock 14 , ~nb (~~- ~1 ~ ~~~nS ~~ ~ ~ O ~S I -I"""I ~ n ~~ , I nC~ RS~-dJ i ~A ~~~ . ~ nc~~ l~~J c5n (~r~r(~n ~.Na~ ~ ~S'~r2 ~ C7-~ noT- ~S ~STA~T~ l~ [Y~i CC.I~~t'1T~ ~n~~(.f~rcon o ~ C~ U~~nT n~IG-~ ~.c ~n~ 6u~- ~.t~~o~n ~~ C~ ~~ ~ cc f~T ~Th ~ s Tc n~,~ ~ l~~ ~n.~o y Tn~ Q u r~r ~ np un~~ r Y ~~ L c ~~ TNI~~- T~ is n~~~~~~~q ~n~ n'~,e~r ~~ ran o~~~ . ~~ne~.n~..v , ~~'~ ~Yl~~~o~ar~ , i~0 - • ~ Jack Niemann, City Clerk City of Meridian Dear Mr. Niemann: November 9, 1992 ~~~i ~~P~ I'm writing this letter to voice my opposition to the application of LAWRENCE ROSS & BEDELCO, Inc. for rezoning lots in Meridian Manor Subdivision. I will attend the public hearing if my schedule permits, but I would like to state for the record that I' m opposed to the rezoning, because of its implications on traffic, property values and the general appearance of my neighborhood. I live just down the street form the purposed rezoning area in Meridian Manor Subdivision No. 3, Lot 5, Block 10. I thank you for entering my opposition to the rezoning into the record and look forward to seeing you at the public hearing on this matter. Sinter , rank I. Mason 400 Cranmer Drive Meridian, Idaho 83642 (208) 887-1528 FIM/fim 11 /9/92 Rezone.Wp5 Co~~~ ~~~'~ • ~~ ~, 19.E uv8 Cru~iew ~, ~.~u~/%~i~, ~~uGo 836s~z Ill~,~ /~~ ~l ~dro~ ~~yuh i'`S~ 9~rd c-~~ ~u~ sad a~r ~catcwf. dry ~/~o- ~~ QiAlOU~io/ ~ ~ f Q- /.f '. l.Jc ~ v~us~:./.,u~.~..~i g~ plc ~~ ~dda.~t ~P cbn a aft ~~ao~e:, ,~isro~C ~S~ Su.~~~'u,~ ~u u,~aP .ems .~ue~- ~G ~a~`~s l ~ ~g~ .,. ._... .. NOTICE OF HEARING NUTICL IS HEREBY GIVEN pursuant to the Ordinances of the City of Mar i~:!ian and the laws of the State of~~,~~i the City Council c.~f the City of Meridian will hearing hold~~Lp~t~l~.~3 at the Meridian City Hall , 33 East Idaho t StY~'~tY "Me'Y'~c~'L~i1~;~ Idaho, a~. the hour of 7:30 p.m,, on July 6, 1993, for the purpose oi~ reviewing and cor~aidering the Application of J.im .-a-- E3anducci and Bedelco, Ir~c. for rezone from R-4 to R-8 of the property which is easterly approximate 300 feet adjacent and north of Willowbrook Drive and which property is adjacent and west of Nleridian Road and which property is next to Five Mild Creek, Meridian, Ada County, Idaho. A mo7-e particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy cf the Application is available upon request. Any and all interester~ persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this ,_~~ day of June, 1993. WAYNE S. FORREY, CITY CLE K i ,' (~-_ f . ~ ._ • i~ ~;' 1a ~~ ~(3 ~ .~.._._ , a p ~ ~ , I r o `° r ,,. ,~ ~ ~'. r -c, _ .. rc `. 14 `y f ~ ~ 111,,,,,, 1 ~. ~!! ~ .. _ _ ~ _ { - - ;:~ ~~ t,' 4 ~ _ I I ` ~.~, - ~. r ~ f'~OQ~4~P '~"1 e~7 ~n ~n ~a ~~~_ ~ ~ r ~ ,:. . .,,. ~ I - ~ r ~ i}s s; ~ a ~ f ~: ' . * ~..y~ Y, ~s 'J rY 1 ~ r. 7~ ~ (y 3 ~- ;. ~: "., -. ~ µ ' _. t .. k ,~ _'. ,i i .~ ~ i , • ~^ Kt ~Ny ~:,` i t ,yam p ll1?Z'~~4~ n'k~ ~.~':~Y j1" d,1Ty 'T y, ~a ~ R .F ^'. K ~ ~ ~::i ' , . ( T ? ~ t C;, ~:~ n .~ ;- ~ ~ n ,. r. Y" ~: .. , s: P .., _. ;, r , F, t ~~ ~ ~ ~ ~~~ , ~ ~ '~ '~'' }~ ~ '~ ~ ~ -`~' 'fi ~~' ~ ~ 1' ' ( `' 1 t 1` .r ; > .~y , ~~. . d. - v r1~ ~ t- ~ r ~ ~ ~~y _. ~M y~`'f+"~' y ~ :FV~ ~ ~~ t.- ~~ ,.NA r't~~ Aµ .. _~a._ '4. •.'Y ~.'I _ k '.~tT.4 ,. ~itwt~'.F~ ~ _ _ s- \ - .. ~{ _ ~~,,~' ~f ~..' K .~i r ~~ ~ ~~. /t.~ ~~ We the undersigned residents of Meridian Manor Subdivision are opposed to the rezoning from R-4 to R-8 the property which is at the north-west corner of Meridian Road and Willow- brook Drive and is at the main entrance to Meridian Manor Subdivision. We believe that the rental duplexes as proposed by Jim Banducci, Jr. and Bedelco, Inc. would cause a decrease in the property value of the homes in our subdivision. NAME. Q ' /~f"'„1 1 E "'rF ~'1i? ~,u ~ ('r' l.,i~ f ~_ : ~r ADDRESS. nn ~-~ ~ C~. ~1~~1.~ ~ ~t,,~ I ~ 3 L.f / tier, ~. ~u,,,l( .x.4'7 ~ ~~, ~~%~c~.~r~-~_~_%~ -'->, 3 Y3 ~ ~~ i,~ru~rv~z, ~( ir.l r~ ,~ C, i ~ `~ ~>~ ~ o, ~i 3 LvL Itiy LU t~ b 2;~ 3l~ i ~ ~- C 1 ~. L~ , ~ (P~%~LUo l'~S ~~2a-~a,,nE.r' ,2.~ %~~? C r~ ,t,~ie~ ~' ~ ~ ~~1~ I ~ ~ ~t ~~ ~. ~~~ ~ ~ t. ~l ~, i r 3 3l C'.,~thtiu r~- ~,~. 3 / i-<<~ ~y, ~-,- ~l^, i i ') ~.. i ~;- (... ~~,{, S i i' 't. ; l I ] ~ ~ ~~~ I ~„ ~ ~' ~ /~ ~,1, ,~lr l~ ~"~ ~ ~ CG o~ nu ( ~~ .b'. ~~~kk' /~ I (11111~.~ ~_ J V l i`ie yyh.'Ct` ~"~", ~~~ ~~ ii i y1Y1 u/.~ I )I ~~_ ~~~ ,~ ~ • We the undersigned residents of Meridian Manor Subdivision are opposed to the rezoning from R-4 to R-8 the property xhich is at the north-west corner of Meridian Road and Willow- brook Drive and is at the main entrance t~ Meridian Manor Subdivision. We believe that the rental duplexes as proposed by Jim Banducc Jr. and Bedelco, Inc. would cause a decrease in the property value of the homes in our sul•iivision. NAME. _.-` ADDRESS. /) ~ ~ L ~_. -;1~.t1G~.~ 2. ,~~.~ ~-_~~ 1. C~~-~ ~ ' ~ ~' ~ y l ~ v}L' l,' 'i ~'<;~ i~ ~- ~ ~ - . 7 (.°.o~ 11~ ~„ ~~ ~~ i~ ~~ ~~-~~~ -- ~ ~ ~ _~ ~~ ,~ ~ ~~~., ~YS ._.-~ ~~.~, ~ ~ ~ ., ~Y ~~ D ~~ ~. irt- i-~_C /l (o /.~l /~IrDODteI,(12cY~,p, ~.3`~ W kJ ? ~~~ui~/'nrj/~ ~~~~6 Cree.K~/'i~et~ ~l'O Ir'~ ~/ y .. ~ ~v~ti~ ,~~i= _'j `~ ~~ C / ~'n~~ ~ //ic~r~/ 3c~~j Ci~c~ k_~1.~ cc 3~~ L(~~~~~' ~E~ ~~~ Cif -C~; ~11~~ i ~~ ~~ ~~~-F ,~~ Or ~~~~ ~,~- t4~~~; .no- y~~~ ~~~. C~~%~;;-~,~, ~2~ . ~JIC ~-`u~F~c~'tr«` L>~~~ ,-- ~ - /G' S (44 //pct w C!'AnmO.r' ~{' ~~ ~~~~.1 133 an enxr ~ ~'. l~3 4~~M ~- ~~: <./ 7•- ~} ~'(L'L r~rr ~U~z. ~7 ~'~~~ ~~' ~~ ~ • s We the undersigned residents of Meridian Manor Subdivision are opposed to the rezoning from R-4 to R-8 the property which is at the north-west corner of Meridian Aoad and Willow- brook Drive and is at the main entrance to Meridian Manor Subdivision. We believe that the rental duplexes as proposed by Jim Banducc_i, Jr. and Bedelco, Inc. would cause a decrease in the property value of the homes in our subdivision. NAME . r / ~' ~ . I)~i a (~ w ~lC ~Lz../GiL 7 c~E~~s K~~_~r~ ~-~ >~--~ ~~' ~N~O ~ ~~, ~ ~~~r~ ~~.~1 ~ ~,~t Drv~ ADDRESS. ~ ~, ~ i j ~ ~ ~n/„~ai'~~ ~ L- ~~I~,. Cr~~,~r ~~~.~ ~ ~ ~ ~ ~i ~n ~2 rn ~,~.i ~~~ Lv ~-~~~~~~.~ Cro~J ~~ ~~a EXCE~~ C'! Q ~~ - • ~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS ~ Jim Carberry, Secondary Christine Donnell, Personnel Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAH083642 PHONE (208) 888-6701 February 17, 1993 City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Unplatted portion of Meridian Manor #5 Dear Councilmen: I have reviewed the application for re-zone of the unplatted portion of Meridian Manor #5 Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, ~~ Dan Mabe, Deputy Superintendent DM:gr c~nvc JAMES E. BRUCE, Pre~dent GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary March 8, 1993 TO: Jim Banducci Jr. 945 Pimlico Drive Eagle ID 83616 FROM: Larry Sale, Supervisor Development Services SUBJECT: MERIDIAN REZONE MERIDIAN & WILLOWBROOK R-4 TO R-8 Your application for the above referenced project was approved by the Commissioners of the Ada County Highway District on March 3, 1993. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron Meridian City Hall Briggs Engineering ada county ,highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 c~nvc INTER-DEPARTMENT CORRESPONDENCE JAMES E. BRUCE, President GLENN J. RHODES, Vice President CHARLES L. WINDER, Secretary TO: ACHD Commission FROM: Development Services MERRZWL/DST ECH 3-3-93 DATE: February 26, 1993 SUBJECT : MERIDIAN -Rezone Meridian & Willowbrook R-4 to R-8 (Applicant -Jim Banducci Jr. , 945 Pimlico Dr. , Eagle, ID 83616) (Representative -Briggs Engineering, Inc., 1111 S. Orchard, Suite 600, Boise, ID 83705) FACTS & FINDINGS 1. Jim Banducci is requesting a rezoning of 0.7 acres of property located at the northwest corner of Meridian Road and Willowbrook Drive. The existing zoning is R-4 and the new zoning will be R-8 to allow construc- tion of multi-family (duplexes) residential housing. The District reviewed this site as a part of a multiple parcel rezone from R-4 to R-15 on November 11, 1992. 2. Meridian Road currently has 70-feet of right-of-way (40-feet on the west and 30-feet on the east side of centerline) and is fully improved with a 41-foot street section which was recently constructed. The pavement may not be cut without District Commission approval. The 2000 Urban Street Functional Street Classification Map designates Meridian as a minor arterial roadway. This designation requires a minimum of 66-feet of right-of-way (the District is requiring 90-feet of right-of-way on section line roads in urban areas) , 4 traffic lanes and 5-foot sidewalks. The ultimate right-of-way should be acquired now to minimize acquisition and construction costs in the future. Access to Meridian Road should be tightly controlled to limit traffic conflicts and to allow smoother traffic flow. District staff encourages the City of Meridian to seek District review of any development plans for subject parcel. 3. Willowbrook Drive currently has 60-feet of right-of-way and is fully improved with a 41-foot street section. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Meridian RZ February 26, Page 2 Meridia~ Willowbrook R-4 to R-8 1993 The 2000 Urban Street Functional Street Classification Map designates Willowbrook as a collector roadway. 4. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on March 9, 1993. If the rezone is approved and development proceeds, the District will pro- vide the following recommendations to Meridian Planning & Zoning as condi- tions for approval. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way from the centerline of Meridian abut- ting parcel (5 additional feet) . 2. Direct lot or parcel access to Meridian Road is prohibited, in compliance with District policy. 3. Utility street cuts in the new pavement on Meridian must be approved by the District Commission. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Contact Con- struction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing., to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTI G Larr S e DATE OF COMMISSION APPROVAL: 3 -f~ - 93 _~ ;q uo I}o bossy 6u luuo Id opy .(q pap Ino~d 'N 13M3H Q3N Id1N00 ~ JINd 2103 3lB ISNC LOL£8 oyop I •as l08 00 l a }Ins oyop I M £ lti uo I }o ll IM NO Ild IOOSSd ; Z ~~ * 'AlNO S3SOd21f 2103 434N31N I S I ', ~NNt~Z Jl1N"X ,a. ~ ~._ _ , * ~ `° '.. ~ ~ ea .,,.. ~ wna+o~ *~ ^a is is ~~,~ is is i *~ ~~ ,., J is ~ M0/3/Na1/ oW1•I ~6~ az ~Ndr J'dl 41 ~J3W ~0 .lll ~ 2661 'SZ ~NINOZ Nt11412~36 _ . ~ . ~~ ~. ~-~. ~ vv . ~ SEC. 06- -. 1Ef~ ID IAN ZON WG 28 1992 CITY OF ivE_ < ID IAr, JAN. ?_8 19a .~..~ * R I i ~~ w~•nswr * • - I * I * ~ ,~ o~ i * RI o RI * * ~o~. , .~ ~ I ~* . .. M • RI ~. .' R1 * ~ s~ * R8 10 I ^~ v , ' ~. xJ~fTY ZONNG I S INTENDED FOR 1RPOSES ONLY. * CD~N s ASSOCI ATI ON WI LL ati on 413 W. 1 doho aui to 100 Boi se, I doho 83702 )NSI BLE FOR ANY i CONTAI NED HEREI N. 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Q. o (> H H ai 0 waw H a N ~ I I W H ~ m ~~-+ 0 H z w~ ao a ai 3 Z H O } ~ ` ~O H H ~ ~ ~ H U ~ N Z ,,~ H a DATE: MERIDIAN CITY COUNCI~ AGENDA ITEM NUMBE R APPLICANT: !'W. 1lWI C~tN~VCGC AGENCY COMMENTS• MERIDIAN POLICE - `~ (~ ~p~~L¢u~ 1~ ro~~ MERIDIAN F IRE DEPT. - ` ~~- AN CITY ENGINEER - y~ ~'~~'~~ MERIDI MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - ~ ~'~~C~~-G~~% ~~'" ~ " MERIDIAN BUILDING DEPT. - ADA COUNTY H I GHWAY D I STR I CT - ~ C~~Z~~~ ~''"`~ ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - ~~+~' NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - , IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - RECEIVED J U I. 1 4 1994 CITY OF MERIDIAN '1~.~sr~ia ~i ~~i~tdtaoc ~~vcigatiaot Dtv,~lct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 11 July 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Jim Banducci Boise 345-2431 945 Pimlico Drive Eagle, Idaho 83616 Re: Proposed Building Sites Located at Willow Brook Drive in Meridian Dear Jim: We have reviewed your site plan for the proposed project. The only possible impact on Nampa & Meridian Irrigation District could be along the Fivemile Drain which is south of your lots. The easement on the Fivemile Drain is 100 feet: 50 feet from the center both directions. Providing that no encroachment is made within this easement area, Nampa & Meridian Irrigation District has no objections to your proposed building site. I do not believe that this project will affect the District in any other way; therefore, the Nampa & Meridian Irrigation District has no further comments. If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, Bill Henson Assistant Water Superintendent pc: ~~ ~ <~~:~`~~ '~ Each Director Secretary of the Board D~~..sstrict Water Superintendent amity of Meridian Ada County Development Services- File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 .~. 30 15 0 30 60 SCALE: 1 "= 30' ROAD ~E~rIFI~ATE o~ su~v~Y~~~. . J011N t. EOOY , 00 r~ERE~Y ~~~; t iFY 1r1A t ! qM r. P~ ~~~~~.~, ~ ~~ `~~~ I,ANO SURVEYOR. I,ICENSEO BY t!~E StAtE OF IOP,h~~ Arv~ ~ r'=~~ ' ' ~~~~'~~~ MAP hA5 BEEN PREPARED FROM AN ACTUAL SURVEY MAO ~~N ThE (~ROUNO UNDER MY OIRE~t SUPERVISION, ANO tNAt thl`, Mr,f' 15 AN AGGURAtE REPRESENtAtiON OF SA10 SURVEY, ANO i~~ IN CONFORMItY Wlth tf~E CORNER PERPEtUAtION ANO FII,INO ALT. 51ATE 0~~ I^}~~~: CODE 55-1601 tr1R0U~N 551611? ANO t0 the IOAhO COOS REI,AtIN(~ t0 SURVEYS. t AR/NG RECE/VED JUN 2 7 1994 Meridian City Engineer John T. Eddy, P.L.S. ~~,Z~~" License No. 972 1p~ b TF ~~/ J~ RECORDING INDEX N0. 314-01-2-1-2-00-00 r;~ ti RECORD OF SURVEY FOR JU`i] ~r~]~1~J ~' ~'l A PORTION OF THE SE 1 /4 NE /1 NE 1 /4, SECTION 1, T. 3 N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO SCALE: 1 " = 30' ail ~']r]~' ~ rl]~]~ - Jr]~I ~I Jr~~ A division of POWER Engineers, Inc., An Idaho Corporation 290 N. Maple Grove Rd. Boise, Idaho 83704 (208) 378-6380 ACAD DWG. FILE BANDUCCI DES. DR. CWE CK. SHEET OF DATE: SEPT. 27, 1993 DWG. N0. 930923 .. ~ i y 5~~ d F a U ~4 W W a U w ~I ~ n N ° a o~ 00l U~ i 1 U .of ~ ~~~ / ~~ a oo 0 3 .sFaS02 N ^v` ~~ W .N ^ ~o~ 0 o~~ ~~ ~~o CO W~ ~ 3 ~~ Z ~°~' N O `~' O ~ o .. W ~o et~ ~ ~ ?~ a ~ W d ~ ~/ 0. N a° ~~'06, ~ M~ .. S~ o 0 S 0 °' 0 ~ 0 m - , ~ ~ J b C N W a ~ a° Z 00'0£ m v o " ~ ~ Q~ N ~O dO o ~ O ° v1 C! W 0 v O~ N 0.' U d ~ Z N fl, 1 ~~ ~~ -n i _~ `~: ,1'\ ` "ti:~a~~. ~~,~.J' ~ d ` ~ _' d ` cC .L: r` V ~ ~~ ~ V ~'n.,. /.~c ~.du c c r OFFICIALS WAYNE S. FORREY, AICP, CNy Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Flre Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON CeMennlal Coordinator PATSY FEDRIZZI JamC',.J A . ~SandUC;Ci August "lam , 1~`1.~ ~:.L:Lh~ i*d . Cola Rd . ro.i. s~; . 1 caaf`lo cs:37p4 ~e~=tr Mr . t3anducci ~i~he City of Meri~lia.n ,appreci~~'t'.es your willingness to develop Lot 30, Block 11. ofi Met~idian Manor Subd~vi5on #5 in a wav that is compatible witt^, th-i~ ~u.jacent resident=~J_ neighborhood. This propeY-ty is zoned ~-~+ ',, i single family resider~ti.~tl) which requires a m~.nimum lot si~.~: or ~~vt} ~quar~ feet- kith a wtreet frontage of t~0 feet. Utf-~c:.r development requirements are s~~lled out in the i~ieridian Zonin~~ and Der~eioPtnent urdin~nce~ Looking at your px'c~pertY' size, it appears that you can develop three single ram~il.y' lots an this parcel. You may proceed with a record ~1~ ~ur~~~~v dr`awir~c~ to depicts the ad,austed lot lines for thrc-:e sincjJ_e gamily homey in accordance with the City's developrnent req~:,!~rement~. phis record of survey must be recorded with thy; Ada county Recorders office . After recordinca t1-~e s;urvcy. You may proc~:ed to apply for wingl~ family building ~ermi.ts for these ad iu~"t~.~ed lots. c~ncc again, thank vau fo'r caoz.dina~ting you7- development. sJ i.anW with the i~ity of i~{•er i.dian' Respectfully Cit`./ of Meridian; ~~C~. lJayne S ! F orrey , AICR Planning uirector • • Jim Banducci Jr. 945 Pimlico Dr. Eagle, Idaho 83616 June 2, 1993 R~~LIVED JUN 0 4 1993 CITY ~F MERIDIAN Meridian City Council 33 East Idaho Meridian, Idaho 83642 RE: Banducci Rezone Request Meridian City Council: I am writing to restate my case to rezone Lot 30 of Meridian Manor Sub #5 Blk 11 from R-4 to R- 8 to build 2 duplexes and one single family. I feel the error of the public notice in newspapers and letters mailed out to all neighbors stating I was trying to rezone 41ots to R-15 instead of what I was actually proposing -one lot to R-8, made the opposition seem worse than what it was. The reasons for my feelings are because of when Bedelco and Michener Investments originally tried to rezone the 4 lots to R-15 there was overwhelming opposition. That is when I decided to just try to rezone the one lotto R-8. When I went before Planning & Zoning in March, the opposition was not bad especially compared to what happened May 18th. There were more people at the May 18th meeting to oppose my proposal than the previous meeting. I feel they were there in such force because they thought I requested an R-15 rezone. That is not what I was not requested. I feel the people, since they were there anyway, went ahead and opposed my request. I would appreciate it if you would read the minutes of March 9th that are enclosed and the findings of fact that followed. As I stated at the meeting, I am willing, per the findings of fact, to build a single family home next to the existing subdivision with the two duplexes closer to Meridian Road. I feel this is a fair solution to this request. I am asking that you take these facts into consideration when making your decision on this request. Sincerely, ~~ Jim Banducci Jr. ~ P<i ~.. ~,,!. GREG .AND ELLEN BOND 228 CRANMER DRIVE MERIDIAN, IDAHO 83642 Dear members of the City Council, o~ ~ S~,w.~ u~~rlD We will not be able to attend the public hearing at the Meridian City Hall at 7:30 on July 6, 1993, but would like to express our concerns. The property addressed in a Notice of Hearing dated June 15, 1993 is described as the property which is easterly approximate 300 feet adjacent and north of Willowbrook Drive and which property is adjacent and west of Meridian Road and which property is next to Five Mile Creek, Meridian, Ada County, Idaho. We and other members of the Meridian Manor Subdivision have expressed at previous hearings our objections to the rezoning of the fore mentioned property from R-4 to R-8. Those who have testified before have not changed their testimony, but have expressed their concern that their testimonies are not being heard in that these hearings have been repeated several times under the same rezoning criteria. Many people before purchasing their properties were told by either the developer, the builder, or the realtor that this property was zoned for single family dwellings and that that was the intent of the developer.. We would not have purchased in this subdivision if we knew that duplexes were to be built on those entrance lots. We just moved away from a similar neighborhood which deteriorated rapidly with the introduction of rental properties. The rental properties were in disrepair, cluttered, and the occupants generally were disrespectful of other properties as well as their own. We have also noticed that the mentality and moral outlook of .renters is quite often poor which may cause a potential threat to our child.. We .realize that the potential renters of these properties may be great assets to our subdivision and the community, but the fact still remains that excessive drinking, drugs, bad language, and other corruptive behavior is linked more to rental and. low income properties than to middle class properties such as those in this area. The residents of the east portion of this subdivision are either Christians or agree with the philosophies of Christian life, and care about their families and the surroundings in which they live. We cannot .speak for the other members of this subdivision because we have not met them, but I would hope that they are of the. same opinion. The value of our property is also a major concern for the same reasons stated above. We may need to sell in the future for an unexpected reason and would like the assurance that our property value will continue to rise as it is projected. If the properties at the entrance to the subdivision are duplexes, the appeal of the properties there after would be diminished. They may be in good repair at the time, but have a greater chance of waning in the near future than single family dwellings. .Sincerely, ._G~' Greed"Ellen Bon / - LJ 7~~-93 z V I I I N ~ ~ ~ d H ~ ~ ~ ~ N ~ H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 ~ 3 ~ H -C 3 H C ~ r b ~ r Nd Hd ~, Z !/] ~ d ~ ~ I~-~ C1 d CxrJ L ] x 4 ~ r ~ ~j yz ~r ~n 3 an zyn ~ l~ o x ro cn ~ ~ ~ ~ ~ ~J d Z z ~ ~ . ~ CdrJ H ~ C F~-~ t~-~ ~ ~ Z ro :U ~ z Z C~C ~ H y ~ d ~ ~ x ~ ~ n T~ ~."~ ro y G7 ~ ~ Uri ~7 r z ro O ~ ~ (~ ~ -~ ~ ~ o Z ~ ~ ~ ~ H H ''rJ ~ ~ t7 N~~ ro o~ x K~° y r~ ~ o a H ~ ~ c ~ ~ d ~ ~ ~' ~ ~ ~ 3 3 ~ H ~ ~~ ~ b~ ` R'' ~~~~ H 2 d Z H Cr] ~ C Z r Iii ~' d t+~ ~' H C1 roro ~ • ~ .. ~ ~ ro ~ ro c ~ n d I-I y ~ b1 ~ txrJ H ~ O H ~ r H ~ ~ ~ ro ~ z ~ r °z ~ H ~ H H k ~ ~ ~zz r'" ~ 2 ~ r ~ K K n ~ b v I" ~ d ~ G7 H 'p ~ yr ~, r ` y z ~ d l0 ~ v u ~ y l0 'G7 l0 W F ~ ~ C~ • l~ w I~ W d ~H~ ~ ~ ~ ~ LTJ O O ~ ;~ t0 d yz C d • • ~ ~ ~ ~1 ~ O O ~ 3 ca y H '"C ,~ ~ 8 ~ d CCC++`~J' x ~ ro ~ ~ ~ ~~ dog ~~ ~ zoz ~ r ~ H H ~ !A ~ ~ O ~ Lei Z . t., .. ~, ~ ro ~ n ~ ~ ~j ~ d ~ H ',d H I ~ ~ HO CTJ LdT1 R., :U ~ ~ W i!1 ~ O oo ~ H ~ .. n H K r ~ NO'T'ICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on March 9, 1993, for the purpose of reviewing and considering the Application of JIM BANDUCCI, JR. and BEDELCO, INC. for the rezone from R-4 to R-8 of the property which is the easterly approximate 300 feet adjacent and north of Willowbrook Drive and which property is adjacent and west of Meridian Road an~i which property is next to Five Mile Creek, Meridian, Ada County, Idaho. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this~~ day of February, 1993. NIEMANN,/ CITY CLERK • • Legal description of lot for proposed rezoning by Jim Banducci Jr. Meridian Manor Subdivision ~~5 Block 11 Lot 30 3~~,OS~S~ • +w .,. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JIM BANDUCCI, JR. AND & BEDELCO, INC. REZONE APPLICATION MERIDIAN MANOR SUBDIVISION #5, LOT 30, BLOCK 11 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come, on for public hearing March 9, 1993, at the hour of 7:30 o'clock p.m., the Petitioner, Jim Banducci, Jr., appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2j consecutive weeks prior to the said public hearing scheduled for March 9, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 9,.1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to the newspaper, radio and television stations. FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 9, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 9, 1993, hearing; y~ ~ • • that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and is owned by the Applicant, Bedelco, Inc., and which property is described in the application which description is incorporated herein; that the property is presently zoned R-4 Residential but is now vacant land; the area in which Applicants' property is located is used residentially with some commercial on the east side of Meridian Road; that there is an .apartment complex across Meridian Road from the subject, property. 3. The property is presently zoned R-4 Residential and the Applicants propose to have the property zoned R-8 Residential and construct duplexes on the property; that the land to the west is developed in R-4 Residential fashion. 4. That the R-4 and R-8 Districts are described in the Zoning Ordinance, 11-2-408 B. 1 and 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately 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 non-residential 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 of Meridian. jR-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-8) District is to permit the establishment of single and two ( 2 ) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two ( 2 ) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and • • Sewer systems of the City of Meridian is required. 5. That the property is contained in the CAIRNS Neighborhood as shown on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan. 6. That the property has frontage on Meridian Road and Willowbrook Drive. 7. That sewer and water is available to the property. 8. That comments were submitted by the City Engineer and are incorporated herein as are the comments of the Meridian Fire Department and the Central District Health Department. .Comments may be submitted by the Ada County Highway District and those comments will be incorporated herein as if set forth in herein. 9. That there was testimonial objection presented at the hearing that objected to the size of the duplexes, that the duplexes would likely not be owner occupied, a likely increase in traffic would occur, and the possibility of a decrease in property values; that there was a previous rezone application for the property that requested a rezone to R-15. That there was testimony at the previous hearing on the R-15 application from the residents of the residential property to the west that is hereby judicial noticed; that one of the concerns was that the people had purchased lots in the R-4 single-family area depending on all the land to remain as then zoned which was R-4 which did not allow duplexes and these people did not desire to have duplexes or multi-family structures adjacent to them. 10. That there was a plan presented for development and a design of the proposed duplex units. ., • • 11. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, testimony that has been previously presented, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission • specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area included in the application is not intended to be rezoned in the future. (c) The area around the proposed zoning amendment is developed in a residential fashion that is allowed in the Cairns Neighborhood and the new zoning would not be contrary to the allowed uses in the Cairns Neighborhood if the conditions stated below are complied with. The land is zoned R-4 and the land to the west is zoned R- 4 which does not allow duplexes, which fact precludes a rezone to R-8 for the entire parcel of property. (d) There has not been a change in the area which may dictate that the land should be rezoned. (e) Information was submitted by the Applicant regarding design, construction, operation, and overall plan for the land and a rezone would possibly be harmonious with the some of the general area. (f) The proposed use should not be hazardous or disturbing to the existing or future uses of the neighborhood, it the conditions set forth below are complied with. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development may cause an increase in vehicular traffic and this problem would have to be addressed in the design of the area. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment could be in the best interest of City of Meridian and the area if conditions • • .. were placed on the land and the applicant. 8. It is specifically concluded that the objection to a change in the R-4 zone to any other zone that allows duplexes or multifamily dwellings when land has been purchased and built upon in reliance on the present R-4 zoning, is a valid objection. 9. That it is concluded that the duplexes would tend to be harmonious to the existing R-4 homes that are presently constructed on the land the west and to the land in Meridian Manor Subdivision, but it would be acrimonious to allow duplexes next to existing homes which were built in reliance on the area being all R-4 development. 10. It is specifically concluded that it would be in the best interest of the City of Meridian and the existing owners in Meridian Manor Subdivision to require that an R-8 lot, restricted to allow only a single-family dwelling to be constructed on that lot be placed next t~ the R-4 lot in Meridian Manor Subdivision, and then to rezone the balance of the remaining subject land to R-8 to allow duplexes. 11. That it is concluded that it is one of the specific purposes of the Zoning Ordinance and the Local Planning Act to protect against intrusion of incompatible uses and to protect property values; that it is concluded that by requiring an R-8 single-family dwelling lot to be located between the existing R- 4 single-family dwelling lots and the R-8 duplex lots, would protect the interests of the R-4 property owners adjacent to the subject property on the west, allow the purchaser of the R-8 single-family dwelling lot to make a choice if he or she desires • to reside next to a duplex, and provide somewhat of a buffer between the R-4 single-family dwelling lots of the rest of Meridian Manor Subdivision and the R-8 duplex lots. 12. That it is specifically concluded that if the above conclusions are agreeable to the Applicants that a Development Agreement be entered into between the Applicants and the City setting forth the above; that it is also concluded that if the above is not agreeable to the Applicants that the application for rezone be denied due to being an intrusion of an incompatible use. 13. It is concluded that the above is agreed to by the Applicants that they shall also be required to comply with the requirements of the City Engineer and comply with the ordinances of the City of Meridian. 14. The Applicants will also be required to meet the requirements of the Ada County Highway District. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS ~~~~ ~a~p The Meridian Planning and Zoning Commission hereby ,r3F~ki~s these Findings of Fact and Conclusions. 0."' ~c ~Z ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTE D_~i VOTED VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends ,~ • ~^'t~ Cz~~ ~-~. to the City Council of the City of Meridian that if the Applicant agrees with these Findings of Fact and Conclusions of Law that a Development Agreement be entered into which includes the provisions of these Findings of Fact and Conclusions of Law and recommends that the rezone Application be approved as modified above. It is further recommended that if the Applicants do not agree with these Findings of Fact and Conclusions of Law that the Application be denied. MOTION: APPROVED: ~" ~"' DISAPPROVED: • • MERIDIAN PLANNING & ZONING MARCH 9, 1993 PAGE 7 Bradbury: I am representing B.W. Inc., Dennis Baker in connection with the Danbury Subdivision. Mr. Baker asked me to appear here tonight primarily in order to obtain some measure of clarification of the applicant's intentions and Mr. Thowless prevented a fairly full explanation of what it is that is intended. I would like to suggest and ask of the commission a couple of things, first of all I would suggest that the same or similar conditions of approval be attached to this proposal as was attached to the last one. Specifically I'm concerned with the potential conflicts of the sound system, lighting and the potential for future use of the property to the south and to the west of the proposed building.. Again all of those issues have been dealt with and I think what we really want is just to be certain that the Findings of Fact .and conditions of approval address each of those issues and make it clear what it is that __ _. ___ ____.you __expect,______I__brie_fly__looked ..over .the conditions that were imposed last time and would suggest that those will probably be sufficient with the addition perhaps of some language that indicates that there would be no further uses of the property to the south or to the west of the proposed building without obtaining further approvals from this body. Other than that, I think that the developers ought to be commended for responding as well as they have to the concerns which were expressed. Any questions. Rountree: Is there any particular time of day that that's a bothersome element? Bradbury: I would expect that the primary concern would be in the evenings and on the weekends especially those early mornings. I think that Mr. Baker would be satisfied with whatever the City Engineer came up with. C e ITE::~#~,4,~.LJBLIC, .l~EAR~ , ~~~ .REQUEST~~ ~~aONE. FROM ~,~-~} ,TaOx R.-8 TO .. j ALLOW DUJPLEk~~JP~hT~~-B'Y „ `~p1~000CI'~". ~BEDEL~O, y ,LNC.: Johnson: 1 will now open the public hearing. Is there a representative present? , r ~ MERIDIAN PLANNING & ZONING MARCH 9, 1993 PAGE 8 Jim Banducci, 945 Pimlico, Eagle, was sworn by the attorney. Banducci: I'm requesting to change some zoning from ~R-4 to R-A in front of the Meridian Manor Subdivision on the north side of Willowbrook Road. I talked with seven of the residents on the phone before making this application and they said that they would come here with an open mind if I had plans to show them. There was one person that was absolutely against it. The reason I feel that property would be good for duplexes, particularly the ones I am proposing is they are two bedroom duplexes, one bathroom, which I can put three of them on that piece of property which would amount to twelve bedrooms. As far as numbers of people I don't see where it would be much different than single family. The City is going to grow and somewhere duplexes are going to be backed up against residential. As I said, I think ------- this--is -a--goo d- --cne--trecause the main entrance is off of N. Meridian Road and goes back 300' before you get into the residential stuff. As far as traffic I guess I don't see where that's going to be a big problem because there's not that many units I'm requesting. It seems like a pretty good transition from apartments to duplexes to residential. The duplexes I'm proposing are approximately 900 sq. ft.. I don't feel that will be adding that many people to the area. Some people expressed concerns about what might happen down the road with them and as far as who might live there and as with anything I can't guarantee who is going to be living in them. I can say I'm going to have a lot of money invested so I don't want people there that will be tearing it up and making a mess of the neighborhood or anything, but there again I can't guarantee anything. I'd be happy to answer any questions. Rountree: I'd like to see the plans. (Commission viewed plans) Johnson: Thank you. Anyone else to testify? Frank Mason, 400 Cranmere, was sworn by the attorney. Mason: I'm unsure of what the exact square footage is presently for the subdivision. My understanding was closer to 1300 sq. feet per unit for a home. This is only 900 sq. ft. is that fitting in with the neighborhood is my concern. MERIDIAN PLANNING & ZONING MARCH 9, 1993 PAGE 9 Johnson: The zoning ordinances address duplexes differently than single family dwellings and this does fit within those guidelines as far as the square footage requirement. Mason: I would like larger square footages just because the remaining residence around that neighborhood are of at least 1300 or larger square feet. Johnson: Thank you. Anyone else to testify? Randy Conner, 145 Cranmere, was sworn by the attorney. Conner: Would like some clarification on one issue. These are going to be duplexes that will be rented and managed by Mr. Banducci, is that correct? If these were owner occupied duplexes we would have no opposition to this request. Also concern about _. _.. __. -_ a e r`a -r c. Johnson: Thank you. Banducci: There will be at least one that I would own, it would not be owner occupied. I do take pride in my work. I would probably turn the others over to a property management. Johnson: Thank you. Crookston: Have you seen the Engineer's comments regarding the lot size? Banducci: Yes. Johnson: Anyone else to testify? Greg Bond, 228 Cranmere, was sworn by the attorney. Bond: These housing projects usually start out nice then end up trashy. I believe the owner has good intentions but concerned about other property values around this area. Johnson: Thank you. Anyone else to testify? No response. I will close the public hearing. The ~t.i~~n~ ~~,d~~Rc~untree and .~ept~nde,d byShear~~^ ~,cx "`":;have r.. money pr~pa~ Findit~,gs fact ConcYusioris. -ol~Law.. Mot~~.a~`'Carri~ed: A11 Yea: AMBR05E,FITZGERALD&C 208-888-3969 09-12-94 09 33 P.02 ,. ,• THIS AGREEMENT, made and entered into this ,Z 8 day of , 1994, by and between JAMES A. BANDUGGI, JR. and JUDY G. BANDUGGI, husband and wife, hereinafter referred to as "Developer". and the CITY OF MERIDIAN, hereinafter referred to as "City". W I T N E S S E T H: WHEREAS, Developer submitted an application to rezone a certain parcel of property described as Lot 30, Block 11, Meridian Manor Subdivision No. 5, records of Ada County, from R-4 Residential. to R-6 Residential; WHEREAS, City did not grant Developer's petition to rezone the property and the property is still zoned R-4; WHEREAS, at the time Developer submitted his application for rezone, the property was not platted in any fashion; WHEREAS, Developer knew that is was not platted, but the City did not inform Developer in the application process that it was going to be necessary to plat the property; WHEREAS, the then City Zoning Administrator wrote a letter to Developer stating as follows: "It appears that you can develop three single family lots on this parcel. You may proceed with a Record of Survey drawing to depict the adjusted lot lines for three single family homes in accordance with the City's development requirements. This retard of survey must be recorded with the Ada County Recorders office. After recording the survey, you may PADS 1 AMBROSE,FIT2GERALD&C 208-888-3969 09-12-94 09 34 P.03 ., ~. proceed to apply for single family building permits for these adjusted lots." WHEREAS, Developer did have the property surveyed and had the Survey of Record recorded, puzsuant to the instruction of the then zoning administrator; WHEREAS, Developer had one (1) lot sold and ready for cloe~.ng, which lot sale did not transpire since the title company indicated that it would not close the gale sines the property had not been platted; WHEREAS, Developer deems that the zoning administrator's letter to him ill'-advised him and caused him damages; WHEREAS, the City desires to buy its peace in this matter. NOW THEREI'ORE IT IS HEREBY AGREED as follows: 1. That Developer shall, if he has not already, record a Record of Survey of the property dividing the property into three (3) lots, meeting the R-4 Residential requirements which specifically include, but are not limited to, 90 feet of street frontage and 6,000 square foot lots, and supply that document to the City; the three (3) lots are described in Exhibits "A", "B" and "C" which are attached hereto and incorporated herein by this reference as if get forth in full herein. 2. That the City shall treat the three (3) lots as being lawfully subdivided and allow construction of homes meeting the R-4 housing requirements, which specifically include a minimum house size of 1,400 square feet. 3. That upon application for building permits on the three {3) lots, if the applicant meets' all the requirements for the building permit including paxmkent of all fees, the City shall issue a building permit for each of the three {3) respective lots. 4. That the City of Meridian shall provide to all three {3) lots all city services including water, sewer and trash services, if all fees have been paid. PADS 2 .~ ' AMBROSE~FITZGERALD&C ATTL? ST 208-888-3969 Will am G. Berg, Jr., C ty Glerk STATE OF IDAHO,) : ss. County of Ada, ) 09-12-94 09 35 P.05 pn this ~~ o day of ~.(, P ~Y1 ~ 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared James A. Banducci, Jr. and Judy G. Banducci, husband and wife, known to me to be the persons who subscribed their names to the within and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi~„~eal the day and year in this certificate first above w~i R0~ ~SEAL~~...o- -Y NOTARX PUBLIC FOR IbA O ~~ Residing at ~„ P~6~-~~ Commission Expires hl~S sjq~ ....1DP~p ST H0, ) ss. County of Ada, ) On this day of , 1994, before me, the undersigned, a Notary Public n and for said State, personally appeared the Mayor and City Clerk, respectively, of the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, known to me to be the entity that granted the authority to the said individuals to subscribe their names to the within and foregoing instruments in their capacity as Mayor and City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Meridian, Idaho Commission Expires PA(;B 4 AMBROSE~FIT2CERALD&C 208-888-3969 09-12-94 09 34 P.04 r , r 5. That for and in consideration of the above agreements by the City of Meridian, the Developer hereby releases the City from any and all liabilities, of whatsoever kind and nature, which have, or may, arise as a result of the then planning director's letter allegedly misinxorming the Aeveloper as to what the City required of him to be able to make the lots capable of being sold and receiving building permits; FURTHER, Developer hereby agrees to, and does hereby, hold the City harmless and agrees to indemnify the City from any liabilities or duties owing to Developer or to any of Developer's successor's or assigns, and this AGREEMENT sha3.J. be binding upon the heirs, personal representatives and assigns of the parties hereto. 6. This Agreement shall be recorded ag evidence that the City of Meridian will grant building permits to the above described three (3) lots if they meet the building permit requirements. Dated this o2 ~ day of _ ~ ~. __, 1994. DEVELOPER J mss A. eanducci, Jr " ~~~~~ 1 Ju y G. >3anducc CITY Grant P. K pgsford, Mayor PADS 3