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HomeMy WebLinkAboutButterfield, Dennis & Janet Annexations s� IAN CITY COUNCIL AUGUST 18, 198 Regular Meeting of the Meridian City Council called to order by Acting Mayor Bill Brewer at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler: Members Absent: Grant Kingsford: Others Present: Roy Porter, Tom Cole, Walt Morrow, Jay Johnson, Gary Smith, Don Hubble, Wayne Crookston, Julie Stutts, Steve Wherry, Bob Mitich, Pete Michelson, The Motion was made by Myers and seconded by Tolsma to approve the minutes of the previous meeting held August 4, 1987 as written: Motion Carried: All Yea: Item #1: Ordinance #484: Air Quality Ordinance: Approve summary of Ordinance #484 for publication purposes: Acting Mayor -Brewer:-An Ordinance amending Meridian City Ordinance #441, pertaining to motor -vehicles emission control, setting forth additional duties and powers of the Air Quality Board: amending the compliance sticker charge from $3.00 to $3.75: and amending the effective term- ination date and providing an effective date, is the anyone in the audience who wishes Ordinance #484 read in its entirety? There was no response. The Motion was -made by Tolsma and seconded. by: Myers -that the rules and provisions of 50-902 and a.1-1:rules and provision's requiring that Ordin ances be read -on three- different, days be dispensed- with- and that Ordin- ance Number 484 as read be passed and approved: Motion Carried: Roll -Call Vote: Giesler, Yea: Myers, Yea: Tolsma,Yea: The Motion was made by Myers and seconded by.Tolsma that the summary of Ordinance #484 -for publication in the Valley News be approved: Motion Carried: All Yea: ;Item #2: Ordinance #485: Rezone of Kelso, Hartwell, Spencer, Shearer and Butterfield Property: Acting Mayor Brewer: An Ordinance amending and changing the zoning of certain real property in the City of Meridian which is described as a part of Block 4 of the Amended Plat of F.A. Nourse's Third Addition to Meridian, Ada County, Idaho also known as 1403 East First Street Meridian, Idaho and a part of the NW 4 NW 4, Section 7, T. 3N.,R. 1E Parcels 3480, 3500, 3510 and 3520, Ada County, Idaho, also known as 1320, 1326, 1332 and 1404 East First Street, Meridian, Idaho: and providing an effective date. Is there anyone in the audience -who wishes Ordinance #485 read in its -entirety? There was no response. T .MERIDIAN CITY COUNC3 IM AUGUST 18, 1987 PAGE # 2 The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance #485 as read be passed and approved: > 5 Motion Carried: Roll Call Vote: Giesler, Yea: Tolsma, Yea: Myers, Yea: f i Item #3: Ordinance #486: Annexation & Zoning of Allison Property: Acting Mayor Brewer: An Ordinance annexing and zoning.Lot #6 of East Side Addition to Meridian, Ada County, Idaho: and providing an effect- ive dates- Is there anyone in the audience who wishes Ordinance #486 read in its entirety? There was no response. The Motion was made by Myers and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and the Ordin- ance Number 486 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Item #4: Ordinance #487: -Rezone of DRDG Pro ert p yin. Settlers Village: Acting Mayor -Brewer: An Ordinance amending and --changing the zone of certain real -property in the City -of -Meridian, which is described as Lots 4,5,6 & 7, Block 1, and Lots'4,--_5-, 6-, & 7, Block 2, Settlers h j Village Subdivision, Ada County, Idaho -and Vacatingthe -pedestrian walkway easement/twenty feet in width along the eastern fifteen feet ' of Lots 4, 5, 6, & 7 Block 2and the fifteen foot wide walkway easement along the North end of Lot.7, Block.2,.Settlers Village Subdivision - Ada County, Idaho, but leaving intact the drainage and utility ease- ments that -run concurrent to the -walkway easements and providing an effective date. Is --there anyone in -the --audience who wishes Ordinance # 487 read in -its entirety? -There was no'response-.- ---- The Motion was made-by-Gies-ler and s-econded:-�.-by- Tolsma thatlthe--rules and provisions of 50-902 and all rules -and -provisions requiring that Ordinances be read on three different days be dispensed with and than Ordinance Number 487 as readbe,v passed and approved: Motion Carried: _ Ro1L Call. Vote: Giesler4- Yea Myers,-- _Yea::- Tol:sma- Yea: Item #5: Findings of Fact & Conclusions on Variance Request -for House x Square Footage on DRDG Property :in -Settlers Village: Acting Mayor Brewer: -Councilman -is there an e none. Y questions or comments on the Findings? There we The Motion was made by Myers and.seconded by Tolsma that the City Council of the City of Meridian does hereby =adopt and a ' pprove the Findings of Fact and Conclusions as prepared on this request: � t Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: '3' 31 a AMBROSE, FITZGERALD CROOKSTON 10tomeys and Counselors P.O. Box 427 aeddlan,Idaho 83842 aphone8654481 ORDINANCE NO. AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PART OF BLOCK 4 OF THE AMENDED PLAT OF F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ALSO KNOWN AS 1403 EAST FIRST STREET, MERIDIAN, IDAHO, AND A PART OF THE NW 1/4 NW 1/4, SECTION 7, T. 3N., R. 1E. PARCELS 3480, 3500, 3510 and 3520, ADA COUNTY, IDAHO, ALSO KNOWN AS 1320, 1326, 1332 and 1404 EAST FIRST STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-15) Residential to (C -C) Community Commercial, for the following described parcels of land: Parcel A: Beginning at the NE corner of Block 4 of the Amended Plat of F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, according to the plat thereof, filed in Book 7 of Plats at Page 299, records of Ada County, Idaho; thence south along the East line of said Block 4 a distance of 248 feet to the real place of beginning, and from said point running South 68 feet to the SE corner of said Block 4; thence West along the South line of said Block 4 a distance of 223.15 feet to the East line of property described in Warranty Deed to Terry E. McGoldrick recorded as Instrument No. 365961, records of Ada County, Idaho; thence North along said ,property 68 feet; thence East parallel to the South line of said Block 4, 223.15 feet, more or less, to the Place of Beginning. Parcel B: (1) A tract of land in the NW 1/4 of the NW 1/4 of Section 7', T. 3N., R. 1E., describeid as follows: Commencing at a point 154.5 feet North of the southwest corner of that certain tract of land described in Book 190 of Deeds at page 123 of the records of Ada County, Idaho, the real point of beginning; thence North along the East line of Highway #30 a distance of 63.5 feet; thence East 246 feet; thence South 63.5 feet; thence West 246 feet to the real point of beginning. 3 f+ y4 Sit idM u, ua p v T. p v r8 A � f°r #� q AMBROSE, FITZGERALD CROOKSTON 41tomeys and Counselors P.O. Box 427 ierldlan, Idaho 83842 aRhone8884481 (2) Commencing at the NW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell, by deed recorded in Book 190 of Deeds at page 123, records of Ada County, State of Idaho, as place of beginning; thence North a distance of 63.2 feet; thence East at right angles a distance of 246 feet; thence south at right angles a distance of 63.2 feet to the North line of above mentioned tract; thence West along the North line of above mentioned tract a distance of 246 feet to the place of beginning, being in Section 7, T. 3N., R. 1E., B.M.,.Ada County, Idaho. (3) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. 1E., B.M., more particularly described as follows:. Commencing at the SW corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190 of Deeds at page 123, records of Ada County, Idaho; thence 218 feet North along the East side of Highway No. 30 to the real place of beginning; thence North along the East side of Highway No. 30 a distance of 63.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 63.5 feet; thence West at right angles a distance of 246 feet to the real place of beginning. (4) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. 1E., B.M., Ada County, Idaho, as follows: Commencing at the SW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190 of Deeds at page 123 of the records of Ada County, Idaho; thence 281.5 feet North along the east side of Highway No. 30 to the real place of beginning; thence North along the East side of Highway No. 30 a distance of 64.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 64.5 feet; thence West at right angles a distance of 246 feet to the place of beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is j described as follows: " ,m N� k� Y i,.` 04 ,flS14 r OMPr AMBROSE, FITZGERALD CROOKSTON Attorneys and Counselors P.O. Box 427 lerldlan, Idaho 83812 vhune 8811"1 • Parcel A: Beginning at the NE corner of Block 4 of the Amended Plat of F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, according to the plat thereof, filed in Book 7 of Plats at Page 299, records of Ada County, Idaho; thence south along the East line of said Block 4 a distance of 248 feet to the real place of beginning, and from said point running South 68 feet to the SE corner of said Block 4; thence West along the South line of said Block 4 a distance of 223.15 feet to the East line of property described in Warranty Deed to Terry e. McGoldrick recorded as Instrument No. 365961, records of Ada County, Idaho; thence North along said property 68 feet; thence East parallel to the South line of said block 4, x.23.15 feet, more or less, to the Place of Beginning. Parcel B: (1) A tract of land in the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. 1E., described as follows: Commencing at a point 154.5 feet North of the southwest corner of that certain tract of land described in Book 190 of Deeds at page 123 of the records of Ada County, Idaho, the real point of beginning; thence North along the East line of Highway #30 a distance of 63.5 feet; thence East 246 feet; thence South 63.5 feet; thence West 246 feet to the real point of beginning. (2) Commencing at the NW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell, by deed recorded in Book 190 of Deeds at page 123, records of Ada County, State of Idaho, as place of beginning; thence North a distance of 63.2 feet; thence East at right angles a distance of 246 feet; thence south at right angles a distance of 63.2 feet to the North line of above mentioned tract; thence West along the North line of above mentioned tract a distance of 246 feet to the place of beginning, being in Section 7, T. 3N., R. 1E., B.M., Ada County, Idaho. (3) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. 1E., B.M., more particularly described as follows: Commencing at the SW corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190 of Deeds at page 123, records of Ada County, Idaho; thence 218 feet North along the East side of Highway No. 30 to the real place of beginning; ti H AMBROSE, FITZGERALD CROOKSTON ollomeye and Counselors P.O. Box 127 +erldlan, Idaho 83612 JAG" 8811"al thence North along the East side of Highway No. 30 a distance of 63.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 63.5 feet; thence West at right angles a distance of 246 feet to the real place of beginning. (4) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. 1E., B.M., Ada County, Idaho, as follows: Commencing at the SW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190 of Deeds at page 123 of the records of Ada County, Idaho; thence 281.5 feet North along the east side of Highway No. 30 to the real place of beginning; thence North along the East side of Highway No. 30 a distance of 64.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 64.5 feet; thence West at right angles a distance of 246 feet to the place of beginning. be, and the same is rezoned from "R-15" Residential to "C -C" Community Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1987. I APPROVED: Mayor - Grant P. Kingsford ATTEST: City Clerk - Jack Niemann N 5 � ty... s. - I �f ti H AMBROSE, FITZGERALD CROOKSTON ollomeye and Counselors P.O. Box 127 +erldlan, Idaho 83612 JAG" 8811"al thence North along the East side of Highway No. 30 a distance of 63.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 63.5 feet; thence West at right angles a distance of 246 feet to the real place of beginning. (4) That portion of the NW 1/4 of the NW 1/4 of Section 7, T. 3N., R. 1E., B.M., Ada County, Idaho, as follows: Commencing at the SW Corner of that certain tract of land heretofore conveyed to S. L. Hughell and Mary Hughell by deed recorded in Book 190 of Deeds at page 123 of the records of Ada County, Idaho; thence 281.5 feet North along the east side of Highway No. 30 to the real place of beginning; thence North along the East side of Highway No. 30 a distance of 64.5 feet; thence East at right angles a distance of 246 feet; thence South at right angles a distance of 64.5 feet; thence West at right angles a distance of 246 feet to the place of beginning. be, and the same is rezoned from "R-15" Residential to "C -C" Community Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1987. I APPROVED: Mayor - Grant P. Kingsford ATTEST: City Clerk - Jack Niemann AMBROSE, FITZGERALD CROOKSTON %ttomeye and Counaelore P.O. Box 427 Iarldlan, Idaho 83542 i0hona 8884481 I ® t i i STATE OF IDAHO,) :ss. County of Ada, ) I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN, WHICH IS DESCRIBED AS A PART OF BLOCK 4 OF THE AMENDED PLAT OF F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ALSO KNOWN AS 1403 EAST FIRST STREET, MERIDIAN, IDAHO, AND A PART OF THE NW1/4 NW1/4, SECTION 7, T. 3N., R. 1E. PARCELS 3480, 3500, 3510 AND 3520, ADA COUNTY, IDAHO, ALSO KNOWN AS 1320, 1326, 1332 AND 1404 EAST FIRST STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. "by the City Council and Mayor of the City of Meridian, on the day of , 1987, as the same appears in my office. DATED this day of August, 1987. City Clerk, City of Mer d an Ada County, Idaho STATE OF IDAHO,) :ss. County of Ada, ) On this day of August, 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at: Meridian, Idaho 4. a, i 4 T., y G y ry J 3M„ .- t W. �0R?DIAN CITY COUNCIL AUGUST 41 1987 PAGEr # 6 O The Motion was made by Giesler and seconded by Tolzma to have the City Attorney prepare and Ordinance for the annexation & zoning of the Rich & Toni Allison property as requested in the application: Motion Carried: All Yea: "Item #6: Public Hearing: Request for Rezone by Hartwell, Spencer, Butterfield, 'and Shearer: Mayor Kingsford: I will now open the Public Hearing, do we have a spokes- man for the group, if so would you come forward and be sworn. Mr. Dennis Butterfield, Butterfield was sworn by the City Attorney: Myers: Have you read the City Engineers remarks and do you have any problem with them? Butterfield: I was wondering if that had to be finalized here or can that be done after the zoning approval? Myers: normally we include these as a condition -of approval unless there is a problem with them. Mayor Kingsford: Mr. --Butterfield, all of these properties-at_this time are not asking for a change of use, you are asking for a change of zone, each issue is different so you are asking for a change of zone so that as the change of use is desired they can develop it, is that right? Butterfield: As far as I know the other three properties.are not planning on doing anything at this time except make it useable for a -commercial - venture in the future: I want to house my .plumbing company in a -building on the back of my lot. Brewer: I will -read the City Engineers recommendation so you know what we are talking about. Mr. Brewer read the -=comments. He is making -a -point that all of -the --owners will know that when they -want to-- develop -they will be required to have these items. Butterfield: I understand but my customers will..not come to my property, We probably will park a personal vehicle -there and_take_a truck. Mayor Kingsford: Anyone -else from the public who wishes to offer test- imony on this application? Mrs. Hartwell: These restriction concerning the commercial area, do not apply until a commercial venture goes in, is that true? Mayor Kingsford: Until you decide to change use of that property every- thing will remain as it is today. Mayor Kingsford: We have received a letter dated August 3, 1987, with regards to this issue we are entering into the record as being opposed to blanket rezoning of the properties. This letter is from E. Faye Brewer Buchanan. I. -,-there anyone else from the public who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. O$.��+•� 4 :k r, �0R?DIAN CITY COUNCIL AUGUST 41 1987 PAGEr # 6 O The Motion was made by Giesler and seconded by Tolzma to have the City Attorney prepare and Ordinance for the annexation & zoning of the Rich & Toni Allison property as requested in the application: Motion Carried: All Yea: "Item #6: Public Hearing: Request for Rezone by Hartwell, Spencer, Butterfield, 'and Shearer: Mayor Kingsford: I will now open the Public Hearing, do we have a spokes- man for the group, if so would you come forward and be sworn. Mr. Dennis Butterfield, Butterfield was sworn by the City Attorney: Myers: Have you read the City Engineers remarks and do you have any problem with them? Butterfield: I was wondering if that had to be finalized here or can that be done after the zoning approval? Myers: normally we include these as a condition -of approval unless there is a problem with them. Mayor Kingsford: Mr. --Butterfield, all of these properties-at_this time are not asking for a change of use, you are asking for a change of zone, each issue is different so you are asking for a change of zone so that as the change of use is desired they can develop it, is that right? Butterfield: As far as I know the other three properties.are not planning on doing anything at this time except make it useable for a -commercial - venture in the future: I want to house my .plumbing company in a -building on the back of my lot. Brewer: I will -read the City Engineers recommendation so you know what we are talking about. Mr. Brewer read the -=comments. He is making -a -point that all of -the --owners will know that when they -want to-- develop -they will be required to have these items. Butterfield: I understand but my customers will..not come to my property, We probably will park a personal vehicle -there and_take_a truck. Mayor Kingsford: Anyone -else from the public who wishes to offer test- imony on this application? Mrs. Hartwell: These restriction concerning the commercial area, do not apply until a commercial venture goes in, is that true? Mayor Kingsford: Until you decide to change use of that property every- thing will remain as it is today. Mayor Kingsford: We have received a letter dated August 3, 1987, with regards to this issue we are entering into the record as being opposed to blanket rezoning of the properties. This letter is from E. Faye Brewer Buchanan. I. -,-there anyone else from the public who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. O$.��+•� 4 :k MARTDIAN CITY COUNCIL S AUGUST 4, 1987 PAGE # 7 C The Motion was made by Giesler and seconded by Myers to approve the Find- ings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission on this application. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Myers and seconded by Giesler to have the City Attorney prepare the necessary Ordinance to rezone the property of Butterfield, Hartwell, Spencer and Shearer to Community Commercial. Motion Carried: All Yea: Item #7: PUblic Hearing: Request for Conditional Use Permit by Terry Fairchild, Engine Distributors: Mayor Kingsford: At this time I will open the Public Hearing, is there anyone from the audience who wishes to offer testimony on this request? If so would you come forward and be sworn. Betty Raynor: Raynor was sworn by the City _Attorney. Raynor: We are requesting a Conditional Use Permit for Terry Fairchild to do business at the old Larry Barnes property on East First Street as Engine Distributors, he will have off street parking, he will have screen- ing for the back portion of the lot and he will conform to the City Ordinances. Myers: Do you have any problems with the City Engineers comments? Raynor: No problems. Tolsma: What about that concerned citizens commnets about blocking Williams Street, will there be cars parked out there? Raynor: It will not be blocked: Mayor Kingsford: Anyone else from the public who -wishes to offer test- imony? There was no response, the Public Hearing was closed. The Motion was made by Myers and seconded -by Giesler to approve the Find- ings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission on this application: Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Tolsma and seconded by Myers to approve the Conditional Use Permit for Terry Fairchild, Engine Rebuilders for the property as stated in the application: Motion Carried: All Yea: Item #8: Pre -Termination Hearing: Water/Sewer/ Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose to you have a right to a pre -termination hearing before the Mayor & Council to appear in person to be judged on facts and defend the claim made by the City that your water/sewer and trash bill is delinquent. You may It A uf- I� a se. MARTDIAN CITY COUNCIL S AUGUST 4, 1987 PAGE # 7 C The Motion was made by Giesler and seconded by Myers to approve the Find- ings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission on this application. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Myers and seconded by Giesler to have the City Attorney prepare the necessary Ordinance to rezone the property of Butterfield, Hartwell, Spencer and Shearer to Community Commercial. Motion Carried: All Yea: Item #7: PUblic Hearing: Request for Conditional Use Permit by Terry Fairchild, Engine Distributors: Mayor Kingsford: At this time I will open the Public Hearing, is there anyone from the audience who wishes to offer testimony on this request? If so would you come forward and be sworn. Betty Raynor: Raynor was sworn by the City _Attorney. Raynor: We are requesting a Conditional Use Permit for Terry Fairchild to do business at the old Larry Barnes property on East First Street as Engine Distributors, he will have off street parking, he will have screen- ing for the back portion of the lot and he will conform to the City Ordinances. Myers: Do you have any problems with the City Engineers comments? Raynor: No problems. Tolsma: What about that concerned citizens commnets about blocking Williams Street, will there be cars parked out there? Raynor: It will not be blocked: Mayor Kingsford: Anyone else from the public who -wishes to offer test- imony? There was no response, the Public Hearing was closed. The Motion was made by Myers and seconded -by Giesler to approve the Find- ings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission on this application: Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Tolsma and seconded by Myers to approve the Conditional Use Permit for Terry Fairchild, Engine Rebuilders for the property as stated in the application: Motion Carried: All Yea: Item #8: Pre -Termination Hearing: Water/Sewer/ Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose to you have a right to a pre -termination hearing before the Mayor & Council to appear in person to be judged on facts and defend the claim made by the City that your water/sewer and trash bill is delinquent. You may It A • f,, 0 E Phone (208) 888-5833 FUNERAL SERVICES HOME E. FAYE BREWER, Director ,4&"# 3, /987 The llonona6.le (mzrd K.ing4AAd, 014m The h6noAab.le tach Nin, Ci;f# CAAA The l/6noaa6.le %rirme Cewolu-16n, Ci* A;6»anery and Cvy Council &ff,6ead &4idian C.iip hall &ftic ian, Idaho 8X42 P.O. Box 383 1303 East First Meridian, Idaho 83642 �entlenden.• I am ="vng concerning Ae appL&aaf ion fwt commmcia l honing of ;qua paaceld o f pwpent# on Cad# Find# S.&eei in A1e&i L&R by Y n u Sheaaea, Caao.l Spencea, t Dennie &i f Af ZeV, and K. D. #a *P U ad p wpeA* omead and pu6.l tc heotiing * be h&&Auca i 4, /Qo% I widA ado have #h ie .le#a6en en.&ied ad pa/d of #hat pu6, c hsoning. There aae deveaal aeadond I have foa, o6 jecibig ado the `61anhef' Aep&&q 04 af%.ad poo pes tg -& COMM i fy Wffneltc iaZ c lnmx f i ca fAon, aj an ouea of p w peAf# adjacent, uAich I voiced at Ae public heaaing of #Iiia mmi&A 6eAAe the Phzn ring and Zoe Commi mion .in gune. True -+ yeaAd have padded .dim I wee in pwcead of nepni g my pwp&4 a# t-3 Caeaf F,iA4;f & a LZni*d OAUce c laad4icaUon. In hime .depam& Findinge of Fact and Conc lue.iond uAic i. ane a mai&A of aecoad and in Ae4A& ng & Ae A%lLiClhm Com wAend.cve Plan, afhe pwpeA* on 6ae# F.im;f Rkeef be*Al-en #ice paedent 01Y Toune of Ca&t;bn Avenue arra Ae comM-Ac.Zal pWp Af# ai Faiaviceaa .ee ne ;& ad Aee.idential and mad apo Amain ad a 6u#eA done 6efuaeen com►"encial ac.#.ivi tied. jl� pwpe&ty uw Aepned ad LimL&d 0 f jAre afo meet Ae o6 jec.&ved of Ae MWoUan Comp mkewive Plan, SCh Ad "The puapoee Of Ae L-0 D.id;W of .ce ado pema Ae ed*6.liAMIti Of gaouPin$e 04 Pn°AUMi0=4 executeve, With The Emphasis on Personal Care �Y. y' K A. fiU; • f,, 0 E Phone (208) 888-5833 FUNERAL SERVICES HOME E. FAYE BREWER, Director ,4&"# 3, /987 The llonona6.le (mzrd K.ing4AAd, 014m The h6noAab.le tach Nin, Ci;f# CAAA The l/6noaa6.le %rirme Cewolu-16n, Ci* A;6»anery and Cvy Council &ff,6ead &4idian C.iip hall &ftic ian, Idaho 8X42 P.O. Box 383 1303 East First Meridian, Idaho 83642 �entlenden.• I am ="vng concerning Ae appL&aaf ion fwt commmcia l honing of ;qua paaceld o f pwpent# on Cad# Find# S.&eei in A1e&i L&R by Y n u Sheaaea, Caao.l Spencea, t Dennie &i f Af ZeV, and K. D. #a *P U ad p wpeA* omead and pu6.l tc heotiing * be h&&Auca i 4, /Qo% I widA ado have #h ie .le#a6en en.&ied ad pa/d of #hat pu6, c hsoning. There aae deveaal aeadond I have foa, o6 jecibig ado the `61anhef' Aep&&q 04 af%.ad poo pes tg -& COMM i fy Wffneltc iaZ c lnmx f i ca fAon, aj an ouea of p w peAf# adjacent, uAich I voiced at Ae public heaaing of #Iiia mmi&A 6eAAe the Phzn ring and Zoe Commi mion .in gune. True -+ yeaAd have padded .dim I wee in pwcead of nepni g my pwp&4 a# t-3 Caeaf F,iA4;f & a LZni*d OAUce c laad4icaUon. In hime .depam& Findinge of Fact and Conc lue.iond uAic i. ane a mai&A of aecoad and in Ae4A& ng & Ae A%lLiClhm Com wAend.cve Plan, afhe pwpeA* on 6ae# F.im;f Rkeef be*Al-en #ice paedent 01Y Toune of Ca&t;bn Avenue arra Ae comM-Ac.Zal pWp Af# ai Faiaviceaa .ee ne ;& ad Aee.idential and mad apo Amain ad a 6u#eA done 6efuaeen com►"encial ac.#.ivi tied. jl� pwpe&ty uw Aepned ad LimL&d 0 f jAre afo meet Ae o6 jec.&ved of Ae MWoUan Comp mkewive Plan, SCh Ad "The puapoee Of Ae L-0 D.id;W of .ce ado pema Ae ed*6.liAMIti Of gaouPin$e 04 Pn°AUMi0=4 executeve, With The Emphasis on Personal Care n v • aeeeaachp heavy �,;,�*,i..ve . . . pub.Lve eeav ince aced eitni m treed no# .cnvo.l.ang *.e ope�ratio,zo, p�� �4� MA c�teatie wide and act ae a buil ane,�Y 6ehveen the exmt ing com►,aeACLat WMA be en the NOAA hied and Old Toeane. 1 These ,ie a gAea# epwAd in vaiue*j of � 6winee�•�ee thot can exie# in a rye &Amg and oA" heavy t=f Ac commun�it� conneezcio�l done, .cnclied� �' ern � �'�dian I School bue.irteeee�. WiA #Ire Poo# Office aelocmting to the OV 'di* Aij peAi# avu ld be enae att�rac;Uve a bw nem MAO could conce.i va64 P'L° .lot, pu't chase a.Gloua dote, aemove alba exieing homes, titeee, e#c. areal maize a F a tae pa�rhing .in the �reaa aopect ad pnevtoue•L eat �onth, ad 77dA happened .in Train F" on Blue Lahea Bo+,iLevaad .lourge, man.�.ion- 4pe homes that mem Evan doom and Agdaced u►!A comMtc I bwine me4 Aai weAe no# � home-.Ciba a# aA the �# bei a &coona.ld Ie. /None o f ue wnt see happen to I am Gee ro# opposed to 9Aoeoth and development .in A? & than. o a b.[anhet communi tg coney ,1 aerne, I ewtcld .Cine to eee the Chi Count i l anal o bm ine as to ..Ioca.&- on Cad-f Phmn ing and Zoning amain .in contW t Of the � Of caalote anti .iron pi.lea. F.ute# Stitee4 We site concetited milt �Fhe {.eae.ih.i.G.i� ; . we could .Cine ;&ir have e 6ue.cnemew appwved eepaw'4 ae .i a done in Old Taume, and rcnuld pwpnee that 0.ld Towne honing be ceded #o .inc.lirde #hie pompe Me ,1aa6e Bob Spence/t, ,ie a .letter. tv the CA,* Council doted Sep en l 1985, E aura concerned mitis Aaj .idea of .&.m of contnoj raitli lAduance of nww4 a Wince aced eked that Aia p w he PA encwaclted upon a madeAtial pne. The Find inge of Fact app wved PA mY oum paopeAt� inMover abet, 1985 by �e Comrrueamn TM and accepted as meU by the Counc.i.G•.tn �amuccuuh 1986, e.a*Aa4among octet 4a nthe wee o4 the paopeat� be dee.t�rted, conetiucctedi and opeta.6ed and mous- ee, dined ,in hanmorw with the 0cidjIng and An*jx d c4awe&A of the .duvwunding pvto pea� �► " pwpD4ed use mill no;t be ha�radoue oA d ietiut6I ng xi esting �k oa f whose nei h6odwod uee�; n cued "7ha# Aid Mpne mi,Ll Mt aeeult in tiae deetiucction, L," oA dam2pe of any nahvw2 oA .4cenic f eahzAe Of nv#A ,unpoittance. n At eaee neh n conjW j of deve,lopWjLi 04 ouit etaee t and tha# unique guatUp of sin ,Xt B Buchanan �. aROOM, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing at 7:30 o'clock p.m. on. August 4, 1987, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the Application of James Shearer, 1320 E. 1st, Meridian, Idaho, Carol Spencer, 1326 E. lst, Meridian, Idaho, Dennis Butterfield, 1332 E. 1st , Meridian, Idaho, and R.D. Hartwell, 1404 E. 1st, Meridian, Idaho, for the rezone of NW1/4 NW 1/4, Section 7, T. 3N, R 1E, Parcels 3480, 3500, 3510, and 3520, Ada County, Idaho, from (R-15) Residential to (C -:C) Community Commercial. A more particular legal description is on file at the City Clerk's office and is available for inspection during regular business hours. Any and all interested persons may testify. DATED this — day o , 1987, Jack AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 �t e, 5 x x W � �^4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing at 7:30 o'clock p.m. on. August 4, 1987, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the Application of James Shearer, 1320 E. 1st, Meridian, Idaho, Carol Spencer, 1326 E. lst, Meridian, Idaho, Dennis Butterfield, 1332 E. 1st , Meridian, Idaho, and R.D. Hartwell, 1404 E. 1st, Meridian, Idaho, for the rezone of NW1/4 NW 1/4, Section 7, T. 3N, R 1E, Parcels 3480, 3500, 3510, and 3520, Ada County, Idaho, from (R-15) Residential to (C -:C) Community Commercial. A more particular legal description is on file at the City Clerk's office and is available for inspection during regular business hours. Any and all interested persons may testify. DATED this — day o , 1987, Jack AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4481 , City cierx x , City cierx g,4 W t g,4 W AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselore P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 0 e BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BUTTERFIELD, SPENCER, HARTWELL, AND SHEARER REQUEST FOR REZONE 13201 1326, 1332, AND 1404 EAST FIRST STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing June 9, 1987, at the hour of 7:30 o'clock p.m., the Petitioners appearing in person, 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 the property is located -within the City of Meridian. and --is described --.n_--_the application and which description is incorporated herein as if set forth in full and which properties -are - known by -the.--addresses 1320, 1326, 1332 and 1404 East First Street, Meridian,; Ada County, -Idaho. 2. . That the property is located in OLD TOWN -Neighborhood as designated on the Policy Diagram on page 7 of the Meridian Comprehensive Plan. 3. That the properties are presently zoned R-15, Residential and are used as single-family dwelling units of i i' �y zx h 3 d •K �m AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselore P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 0 e BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BUTTERFIELD, SPENCER, HARTWELL, AND SHEARER REQUEST FOR REZONE 13201 1326, 1332, AND 1404 EAST FIRST STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing June 9, 1987, at the hour of 7:30 o'clock p.m., the Petitioners appearing in person, 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 the property is located -within the City of Meridian. and --is described --.n_--_the application and which description is incorporated herein as if set forth in full and which properties -are - known by -the.--addresses 1320, 1326, 1332 and 1404 East First Street, Meridian,; Ada County, -Idaho. 2. . That the property is located in OLD TOWN -Neighborhood as designated on the Policy Diagram on page 7 of the Meridian Comprehensive Plan. 3. That the properties are presently zoned R-15, Residential and are used as single-family dwelling units of f a �y zx �m ky .5 M F y q.'P4 ice` f4�� } k 3 j2 r�vtt4 3 �$k fi 2y� ( PCS i My.r} 3 5 d �F { r?R 4 { 4 Y 1'L.`3n k Engineer submitted comments which are incorporated herein as if set forth in full and such are a k 5. x 4 Meridian. 2. It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 4. Positive programs should be undertaken to support existing industrial and commercial areas to insure their continued vitality, such as: 0000 c. Zoning changes to assure desired economic development. . . . . 9. Office uses can be, but may not necessarily be, integrated within neighborhood, commuity, regional shopping centers and Old Town. 7. i The properties are. -connected to sewer and water. 8. That the City Engineer submitted comments which are incorporated herein as if set forth in full and such are reasonable requirements and are included in the Ordinances. 9. That the Nampa and Meridian -Irrigation District had comments but no objection to the'Application.__ 10.E That .-the Ada County Highway_ District submitted requirements. - -- -- 11. That the proper notice, has been given -as-- required - by law and all° procedure's kbefore--the 'Plannirig--and'=Eoning Commission have been given and followed. 12. There was comment submitted at the public hearing which objected to a blanket rezone of all the properties without a restriction requiring that eventual commercial uses retain the aKSo"single-family dwelling" character of the area. CROO Attorneys and Counselors P.O. BOX 427 Meridian, Idaho Telephone 8884461 t R �tl } n '�3 r 4 S 74 . s a Ptr 11 p ss '< �t r 44 t �.4r .v?Tavna. =w "„g' AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meddlan, Idaho 83842 Telephone 8884461 o CONCLUSIONS 1. The City of Meridian has the authority to grant Zoning amendments and rezones pursuant to Title 67, Chapter 65, .Idaho Code, and pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 2. That upon rezone, the City of Meridian has authority to place conditions upon the zoning amendment. 3. That 11-2-416(A) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that upon a review of those requirements and a review of the 'facts presented and the conditions --of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious-with--and--in accordance with --the Comprehensive-Plan--and---no-= --- Comprehensive Plan Amendment is required (b)', The area was not= previously :scheduled -ter -= =- - rezone but -Is designated ==to -ire=commercial-kn— in the future. - (c) The area included -Aw- _ the ==zoning -_amendment--- is-_ -_ --_ intended to- be -=developed-. in the_ future in -the - fashion that- would be.`allowed 'under: the` new zoning of Community Commercial (C -C). (d) There has been a change in the area, -many commercial uses, which tends to dictate that the area may lend itself to be rezoned. (e) The Applicants made no representation that the area would be designed and constructed to be harmonious with the surrounding area. r t i x X F t y Y. F , L u AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meddlan, Idaho 83842 Telephone 8884461 o CONCLUSIONS 1. The City of Meridian has the authority to grant Zoning amendments and rezones pursuant to Title 67, Chapter 65, .Idaho Code, and pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 2. That upon rezone, the City of Meridian has authority to place conditions upon the zoning amendment. 3. That 11-2-416(A) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that upon a review of those requirements and a review of the 'facts presented and the conditions --of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious-with--and--in accordance with --the Comprehensive-Plan--and---no-= --- Comprehensive Plan Amendment is required (b)', The area was not= previously :scheduled -ter -= =- - rezone but -Is designated ==to -ire=commercial-kn— in the future. - (c) The area included -Aw- _ the ==zoning -_amendment--- is-_ -_ --_ intended to- be -=developed-. in the_ future in -the - fashion that- would be.`allowed 'under: the` new zoning of Community Commercial (C -C). (d) There has been a change in the area, -many commercial uses, which tends to dictate that the area may lend itself to be rezoned. (e) The Applicants made no representation that the area would be designed and constructed to be harmonious with the surrounding area. z�s. �� '•k .i; a #-5 .A;�:'f I erg t i x X F Y. F , S, z�s. �� '•k .i; a #-5 .A;�:'f I erg e (f) No -proposed uses were mentioned other than the plumbing business and therefore it is not known whether the uses would not be hazardous or disturbing to existing or future neighborhood uses. (g) The area would be adequately served by public facilities and services as those are already available and in place on the property. (h) The possible proposed uses would likely not create excessive additional requirements of public costs for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The possible proposed uses will likely not involve any detrimental activity to any person's property or the general welfare. (j) Any development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone would not result in the destruction, loss or damage of any natural -or scenic feature of major importance. (1) The proposed zoning amendment,is-in the best interest of the City of Meridian. -- 4. That the=requir-ement-&-_--and --comments- of- _the City Engineers are reasonable and, shoul_d _be a- condition- of #he_ rezone _-- and met by the Applicant. 5. That :many- of the ,requirements -of_ the== -Ada County Highway District are reasonable and -shall be required --upon actual developments comment 'number 4,• however, shall not be required or shall be left to the Applicant to settle with the Ada County Highway District. AMBROSE, FITZGERALD RCROOKSTON Attorneys and Counsel" P.O. Box 427 Meddlan, Idaho 83842 Telephone 888.4481 n �J APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Alidjani Voted Commissioner Johnson Voted Commissioner Shearer voted-.;-- commissioner otedCommissioner Cole Voted , Chairman Morrow (Tie Breaker) Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of -Meridian that they approve the application for rezone Iof the property --to- Community Commercial as requested in -the application upon the -condition that all other City Ordinances are complied with -and the comments and requirements of the City Engineer are met and the requirements of Ada County Highway District are met except Standard requirement #4. MOTION: AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, WOW 33812 Telephone 8884181 APPROVED: - DISAPPROVED-:_._-- - - k x i Win{' 04 Y? -a yp n �J APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Alidjani Voted Commissioner Johnson Voted Commissioner Shearer voted-.;-- commissioner otedCommissioner Cole Voted , Chairman Morrow (Tie Breaker) Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of -Meridian that they approve the application for rezone Iof the property --to- Community Commercial as requested in -the application upon the -condition that all other City Ordinances are complied with -and the comments and requirements of the City Engineer are met and the requirements of Ada County Highway District are met except Standard requirement #4. MOTION: AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, WOW 33812 Telephone 8884181 APPROVED: - DISAPPROVED-:_._-- - - k x i Win{' 04 Y? -a ftRiOTAN P & Z .ruLY (4, 1987 #2 and drainage are maintained or granted as questioned in the City Engineer's comments. It is further recommended that the Applicant grant a deed restriction that only single-family dwellings may be constructed on the involved lots. Motion Carried: All Yea: Item #3: Findings of Fact & Conclusion on Allison Annexation & Zoning Request. Chairman Morrow: Are there any comments or questions of the Commission? There was no response. The Motion was made by Cole and seconded by Shearer that the Meridian Pxianning & Zoning Commission hereby adopts and approves the Findings of Fact & Conclusions as prepared by the City Attorney on the Allision Request for Annexation & Zoning. Roll Call Vote: Cole, Yea: Shearer, Yea; Johnson, Yea: Morrow, Yea: The Motion was made by Cole and seconded by Shearer that it is hereby recommended to the City Council that the property should be conditionally annexed and zoned as requested with the conditions stated in the Findings of Fact & Conclusions. Motion Carried: All Yea: -,Item #4: Findings of Tact & Conclusions on Butterfield. Spencer, Shearer and Hartwell Rezone Request: Chairman Morrow: I would ask Mr. Shearer to abstain voting or commenting on this issue, are there any comments or questions of the Commission on this issue? There were none. Commissioner Shearer: I will abstain from any voting or comments on this item: The Motion was made by Johnson and seconded by Cole that the Meridian Planning and Zoning Commission hereby adopts and approves the Findings of Fact & Conclusions as prepared by the City Attorney on this request. Roll Call Vote: Johnson, Yea: Cole, Yea: Morrow, Yea: Shearer, Abstained: The Motion was made by Johnson and seconded by Cole that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the application for rezone of the property to Community Commercial as requested in the application upon the condition that all City ordinances are complied with and the comments and requirements of the City Engineer are met and the require- ments of Ada County Highway District are met with the exception of_ _ Standard requirement #4-: Motion Carried: All Yea: AMBROSE, FITZGERALD & CROOKSTON Attomeye aW Coun"Ims P.O. Box 127 Meridian, Idaho SM2 Telephone M&MG, e BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BUTTERFIELD, SPENCER, HARTWELL, AND SHEARER REQUEST FOR REZONE . 13201 1326, 1332, AND 1404 EAST FIRST STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public _hearing June 9, 1987, at the hour of 1:30 o'clock p.m., the Petitioners appearing in person, the Planning and Zoning Commi-ssion of the City of, Meridian having duly considered the- evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT.. - 1. That the property is located within --the City of Meridian and __is described 'in the application .and- which description -is incorporated herein�as 'if set forth in full and which properties are known by the addresses 1320, 1326, 1332 and 1404 East First Street, Meridian,; Ada County, Idaho, 2.i That the property is located in OLD TOWN Neighborhood as designated on the Policy Diagram on page 7 of the Meridian Comprehensive Plan. 3. That the properties are presently zoned R-15, Residential and are used as single-family dwelling units of r =s AMBROSE, FITZGERALD & CROOKSTON Attomeye aW Coun"Ims P.O. Box 127 Meridian, Idaho SM2 Telephone M&MG, e BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BUTTERFIELD, SPENCER, HARTWELL, AND SHEARER REQUEST FOR REZONE . 13201 1326, 1332, AND 1404 EAST FIRST STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public _hearing June 9, 1987, at the hour of 1:30 o'clock p.m., the Petitioners appearing in person, the Planning and Zoning Commi-ssion of the City of, Meridian having duly considered the- evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT.. - 1. That the property is located within --the City of Meridian and __is described 'in the application .and- which description -is incorporated herein�as 'if set forth in full and which properties are known by the addresses 1320, 1326, 1332 and 1404 East First Street, Meridian,; Ada County, Idaho, 2.i That the property is located in OLD TOWN Neighborhood as designated on the Policy Diagram on page 7 of the Meridian Comprehensive Plan. 3. That the properties are presently zoned R-15, Residential and are used as single-family dwelling units of AMBROSE. FITZGERALD &CROOKSTON Attomeysand Counselors P.O. Box 427 McMdlan, IdahO 83842 Telephone 8884181 approximately'4 units to the acre; that the property surrounding the subject property is similarly zoned and developed; that the Meridian Building, a major office building -is on the East First Street near the properties; there is intermittent development of Commercial and Limited Office property along East First. 4. That the Applicants' proposals are to change the zones from R-15 to Community Commercial so all of the Applicants' properties will be so zoned and to eventually use the properties in a commercial fashion; only Applicant. -Butterfield had immediate commercial intentions for this property. 5. The requested Community Commercial zone is described in the Zoning Ordinance.as-follows: (C-C).COMMUNITY BUSINESS DISTRICT: The purpose of the (C -C) District is to permit the establishment of general business uses that area larger scale than a neighborhood business, and to encourage the development -of, shopping centers with adequate off street parking facilities and! associated site amenities to ,,serve area -residents- and employees; to;prahibit.stripcommercial development=and All - encourage the -clustering of=commercial enterprises-. All such districts -shall -have direct access to-_ a_transpor-tation arterial and collectorand be -.connected to -tire -Municipal -- Water and Sewer systems of the City=of_Meridian. -- 6. 6. The Comprehensive. Plan contains Economic --Policies on pages 15 and -16; the., pertinent policies to this Application are stated as follows: 1. The City of Meridian shall make every effort to create a -positive atmosphere which encourages _ industrial and commercial enterprises to locate in A�t x , 41 u 4 j E w1 7 AMSROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 127 Meridian, Idaho 83812 Telephone 888'1181 0 Meridian. 2. It is the policy ° City and industrialMeridian interest aside areas where commercial And activities are to dominate. 4. Positive programs should be undertaken to support existing industrial and commercial areas to insure their continued vitality, such as: 8090 c. Zoning changes to assure desired economic development. 9. Office uses can be, but may not necessarily e,= integrated within neighborhood, commuity, regional shopping centers and Old Town.. 7., The properties: are . connected to .s.ewer-and water. -- 8.1 That the City Engineer submitted comments which are incorporated herein as if set forth in gfull and such are. reasonable requirements.and are included in the Ordinances. 9. That the Nampa -and Meridian Irrigation District had comments but no .objection to the Application. 10; That the Ada County Highway. District submitted _ requirements.,. 11 That the proper �not,ice has_ been given=as required by law and;all-procedures,before the Planning -and: --Zoning Commission have been given and followed. 12. There was comment submitted at the public hearing which objected to a blanket rezone of all the properties without a restriction requiring that eventual commercial uses retain the °single-famiLy dwelling" character of the area. - —'- T � AMSROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 127 Meridian, Idaho 83812 Telephone 888'1181 0 Meridian. 2. It is the policy ° City and industrialMeridian interest aside areas where commercial And activities are to dominate. 4. Positive programs should be undertaken to support existing industrial and commercial areas to insure their continued vitality, such as: 8090 c. Zoning changes to assure desired economic development. 9. Office uses can be, but may not necessarily e,= integrated within neighborhood, commuity, regional shopping centers and Old Town.. 7., The properties: are . connected to .s.ewer-and water. -- 8.1 That the City Engineer submitted comments which are incorporated herein as if set forth in gfull and such are. reasonable requirements.and are included in the Ordinances. 9. That the Nampa -and Meridian Irrigation District had comments but no .objection to the Application. 10; That the Ada County Highway. District submitted _ requirements.,. 11 That the proper �not,ice has_ been given=as required by law and;all-procedures,before the Planning -and: --Zoning Commission have been given and followed. 12. There was comment submitted at the public hearing which objected to a blanket rezone of all the properties without a restriction requiring that eventual commercial uses retain the °single-famiLy dwelling" character of the area. - —'- ON i } a * � ''i , 44, � f � �� ?_; iR y ian+i re.. �y,Ex at4 *s ,3tt J v t 'Y �aLt a kd In u ,..;�9 tf ,? F ■ J r AMBROSE. FITZGERALD & CROOKSTON Attorneys oW Counselors P.O. Bon 427 Meridian, Idaho 03842 Telephone 8884481 CONCLUSIONS 1. The City of Meridian has the authority to grant Zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 2. That upon rezone, the City of Meridian has authority to place conditions upon the zoning amendment. 3. That -11-2-416(A) of the Revised and Compiled Ordinances of -the City of Meridian sets forth the -standards under which the Planning and Zoning Commission and the City Council shall review applications for zoning amendments; that ---upon -a ­ review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission specifically concludes.as follows: (a) The new zoning would be harmonious with --and in - accordance-with,the-Comprehensive Plan and.no`' Comprehensive Plan -Amendment. -is required: -_ = (b) � The area was- not -previously scheduled=: for= a-=----- --_ rezone but is designated to be commercial in-- in n=in the future. (c) The area included in -the zoning amendment is intended to. be developed-, in-- the -if utuke in- the fashion that would be:allowed 'under the new -zon=ing :of - Community Commercial (C -C). (d) There has been a change in the area, --many commercial uses, which tends to dictate that the area may lend itself to be rezoned. (e) The Applicants made no representation that the area would be designed and constructed to be harmonious with the surrounding area. - - k ry �r tx , i �{ t E .s ea . - (f) No,proposed uses were mentioned other than the plumbing business and therefore it is not known whether the uses would not be hazardous or disturbing to existing or future neighborhood uses. (g) The area would be adequately served by public facilities and services as those are already available and in place on the property._ (h) The possible proposed uses would likely not create excessive additional requirements of public costs for public facilities and services and would not be detrimental to the economic welfare of the community. (i)` The possible proposed uses will likely not involve any - detrimental' activityito any person's property or the general welfare. (j), Any development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k)! That this rezone would not result in the destruction, loss or damage.of any natural or scenic feature of major importance. (1) The proposed zoning amendment,is in -the best interest of the City of Meridian. - 4.:; That ,the :,requirements -. and.- comments of -the City Engineer. are reasonable _.anal --should be a.:condition OU --the -- rezone - and met by the Applicant. 5.;i That many -of the requirements -of the Ada County_ Sighway .'District- ,are rea-sonable =and - shall be requi-red- upon -.--actual developm'entI -comment, `number ; 4; however, shall not be required or shall be left to the Applicant to, settle with the Ada County Sighway,Aistrict. AMBROSE, FnZGERALD A CROOKSTON Attomeys and Counselors P.O. BOX 42Y Meddlan, Idaho 83842 Teleplrons 8864401 n4^' (f) No,proposed uses were mentioned other than the plumbing business and therefore it is not known whether the uses would not be hazardous or disturbing to existing or future neighborhood uses. (g) The area would be adequately served by public facilities and services as those are already available and in place on the property._ (h) The possible proposed uses would likely not create excessive additional requirements of public costs for public facilities and services and would not be detrimental to the economic welfare of the community. (i)` The possible proposed uses will likely not involve any - detrimental' activityito any person's property or the general welfare. (j), Any development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k)! That this rezone would not result in the destruction, loss or damage.of any natural or scenic feature of major importance. (1) The proposed zoning amendment,is in -the best interest of the City of Meridian. - 4.:; That ,the :,requirements -. and.- comments of -the City Engineer. are reasonable _.anal --should be a.:condition OU --the -- rezone - and met by the Applicant. 5.;i That many -of the requirements -of the Ada County_ Sighway .'District- ,are rea-sonable =and - shall be requi-red- upon -.--actual developm'entI -comment, `number ; 4; however, shall not be required or shall be left to the Applicant to, settle with the Ada County Sighway,Aistrict. AMBROSE, FnZGERALD A CROOKSTON Attomeys and Counselors P.O. BOX 42Y Meddlan, Idaho 83842 Teleplrons 8864401 AMBROSE, FITZGERALD &CROOKSTON Atlarn"s and Coanaelorta P.O. Box 4v MerMlan,ldsho 83842 Telephone 868401 ROLL CALL: Commissioner Alidjani Commissioner ommissioner Johnson commissioner Shearer Commissioner Cole ..Chairman Morrow (Tie Breaker) DECISION AND RECOMMENDATION Voted Voted Voted Voted Voted6E The meridian Planning and Zoning Commission hereby recommends to -the - City Council Of the -City of, Meridian - that they approve pprove . the:.- -application- for; - rezone sOf the property --to---Community - Commercial as requested in.: the "application upon porr the conditi6n that all other City ordinances are -complied with and the commentsL and requirements of the city Engineer- are met and the requirements of Ada: County Highway District are met except - Standard requirement #4. MOTION: APPROVED: DISAPPROVED-:---- L - ............... t - AMBROSE, FITZGERALD &CROOKSTON Atlarn"s and Coanaelorta P.O. Box 4v MerMlan,ldsho 83842 Telephone 868401 ROLL CALL: Commissioner Alidjani Commissioner ommissioner Johnson commissioner Shearer Commissioner Cole ..Chairman Morrow (Tie Breaker) DECISION AND RECOMMENDATION Voted Voted Voted Voted Voted6E The meridian Planning and Zoning Commission hereby recommends to -the - City Council Of the -City of, Meridian - that they approve pprove . the:.- -application- for; - rezone sOf the property --to---Community - Commercial as requested in.: the "application upon porr the conditi6n that all other City ordinances are -complied with and the commentsL and requirements of the city Engineer- are met and the requirements of Ada: County Highway District are met except - Standard requirement #4. MOTION: APPROVED: DISAPPROVED-:---- L - MERIDIAN P & Z JUNE 9, 1987 PAGE # 7 The Motion was made by Cole and seconded by Alidjani that the Findings show a recommendation that the Meridian City Council approve the request for Annexation & Zoning by Richard & Toni Allison for the property as shown in the application. Motion Carried: All Yea: Item #4: Public Hearing: Rezone Request by Butterfield, Hartwell, Spencer & Shearer: Chairman Morrow: We would ask Mr. Shearer to abstain from any voting or question on this request. Mr. Shearer advised he would abstain. Is there one of the applicant present and would you come forward? Mr. Dennis Butterfield, 2833 Autumn Way: Mr. Butterfield was sworn by the CXty Attorney. Butterfield: There are four properties here, myself and myeighbors are requesting the zoning change from R-15 to CG Commercia2and as far as the neighbors are concerned they are doing it in anticipation of the future, I am planning on a place for my business on my parcel, Meridian'Pl,umbing. I am not planning on much change at the present time, I want t6 -build a building on the rear of the proerty to house my trucks and equipment and at a later date make the home into our office. I have no nked for any parking at this time as there will be Ao customers there, it Will be just for my own use. Morrow: what we are concerned with here, Mr. Butterfield, I think is not what each of you is going to do individually but the rezoning as a whole and then each of the properties will be limited by the Ordinances A far as what the parcels are being used for. Butterfield: I did have some questions on some of these comments, ACHD is asking that the curb be replaced along here, the curb is perectly good, at the new Meridian Building just the next lot to our request did not replace the curb when they built that building. I do not believe the drainage request is needed at this time. The requirement on the driveway being five foot from -the property line I do not understand and is unuseable to me, the driveways at the present time are right on the property lines. Morrow: I have never in.my experience ran across this, it seems to me it is a fairly new concept and we are going to have to have some clarification as to the reasoning behind it. Butterfield: As far as the City Engineer comment on parking spaces, I am unaware what the Ordinance requires, and also as far as the screening I am not aware of that, I guess that will have to be taken up at another time.; Morrow: All that will come with applications for building permits, and at that time the number of parking spaces and the drainage will depend upon the size of the building, as well as screening and those kinds of things. What will happen here is in fact if you are rezoned then you will become subject to these rules based on the type of building or development you do. MERIDIAN P & Z JUNE 9, 1987 PAGE # 8 Morrow: Is there another property owner present who wishes to be heard? R.D. Hartwell: Mr. Hartwell was sworn by the City Attorney. Hartwell: There are a few things here that I want to make sure that I am clear on, mainly ACHD comments on replacing curbs, gutters and sidewalks, at who's expense is this? Morrow: Those things when they are done and are required are generally at the expense of the property owner. I believe that it is the opinion of the Commission here that ,a large portion of those requirements are not going to be enforced, if the property were to actually be developed into commercial use then thoy would probably be required. I am of the opinion that the requirements would be at such time as the property was sold or developed into a commercial useage they might need to be taken into consideration, sucfi..as the new office building on the north of your parcel. Morrow: If there are no questions of Mr. Hartwell, I will now open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this applicati:.lon? E. Faye Brewer Buchanan, Mrs.*Buchanan was sworn by the City Attorney. Buchanan: I have some questions, 1146 not know what CC Zoning involved, I know that this happened in Twin Falls there was a block of houses that were designated as homes that were to be used, like we developed a Funeral Home, or Lee Sells home that kind of use and they gave it a blanket rezone and the first beautiful home that went was for McDonalds and I have a real problem %ith that, I know it is a en- furtherment but what I would like to see is a property owner on that street keeping that as a home type business, I have a problem with these homes being taken out and more Meridian Office Buildings being built. Chairman Morrow read from the Zoning & Development some of the uses that would be allowed in a CC Zone and what would need a Conditional Use Permit. Buchanan: If you give it a blanket zoning, if something is allowed in that zone you do not have to look at it one by one. Morrow: That is true, it would be just the Conditional Use Permit items. These would require having a Public Hearing. Johnson: That is the general purpose of zoning to allow a blanket approval without having to address each individual occupancy. Buchanan: Well when you granted my Limited Office Zone, that is what you wanted to do was to keep that, you as,a group, to look at each useage individually as things came up, but if you do this you do not have to do that. As far as off-street parking,is that a require- ment? Morrow: the same requirements that applied to you, applys to them when the property is developed into commercial. MERIDIAN P & Z JUNE 9, 1987 PAGE # 9 1__J Buchanan: I would -like to voice my objection to the property being zoned blanket Commercial because I would like to have you look at each property individually and keep the home type business in the area. James Shearer: Mr. Shearer was sworn by the City Attorney. Shearer: The reason for rezone on some of these properties is that some of the residents are in the future looking at selling their prop- erty and the value of the property is greater as commercial than residential, some of the residents plan on using their proeprty for commercial use, this would also make it �ti-_gin_us through out the street, not having a residential property and then a commercial. There is commercial property in all directions except .to the East and to keep that contigious we all got together to do this rezone. There will be two residential properties left on that side of the street if this rezone is approved, It is no ones anticipation at this time to tear down what is there, they anticipate using what there, however we do not want to be restricted from selling it to someone to do something different. Janet Butterfield, Mrs. Butterfield was sworn by the City Attorney. Butterfield: I just want to say that I do not believe very many people would want to purchase that property for -residential purposes.; Nancy Brigham: Mrs. Brigham was sworn by the City Attorney. Brigham: I just want to say, I would like to see it go one by one, our property backed up to East First Street, I would hate to see it given a blanket zoning although I feel they should be allowed to have it commercial but it should be on an individual basis. Morrow: Is there anyone else in the audience who wishes to testify, if not I will close the Public Hearing. Are there any questions or comments from the Commission? There were none. The Motion was made by Johnson and seconded by.Allidjani to have the City Attorney prepare Findings of Fact and Conclusions on the application for rezone by Hartwell, Butterfield, Spencer & Shearer for the property described in the application. Motion Carried: All Yea: Shearer Abstaining: The Motion was made by Johnson and seconded by Alidjani that the Findings show a recommendation that the Meridian City Council approve request for a rezone by Hartwell, Butterfield, Spencer & Shearer for the property described in the application and that the ACHD recomm- endations be imposed as deemed appropriate. Motion Carried: Johnson, Yea: Alidjani, Yea: Morrow, Yea: Cole Nay: Shearer, Abstaining: Item #5: Review proposed Jasime Subdivision: Mr. Keith Loveless from Loveless Engineering was present to obtain e� ¢t `t MERIDIAN P & Z JUNE 9, 1987 PAGE # 9 1__J Buchanan: I would -like to voice my objection to the property being zoned blanket Commercial because I would like to have you look at each property individually and keep the home type business in the area. James Shearer: Mr. Shearer was sworn by the City Attorney. Shearer: The reason for rezone on some of these properties is that some of the residents are in the future looking at selling their prop- erty and the value of the property is greater as commercial than residential, some of the residents plan on using their proeprty for commercial use, this would also make it �ti-_gin_us through out the street, not having a residential property and then a commercial. There is commercial property in all directions except .to the East and to keep that contigious we all got together to do this rezone. There will be two residential properties left on that side of the street if this rezone is approved, It is no ones anticipation at this time to tear down what is there, they anticipate using what there, however we do not want to be restricted from selling it to someone to do something different. Janet Butterfield, Mrs. Butterfield was sworn by the City Attorney. Butterfield: I just want to say that I do not believe very many people would want to purchase that property for -residential purposes.; Nancy Brigham: Mrs. Brigham was sworn by the City Attorney. Brigham: I just want to say, I would like to see it go one by one, our property backed up to East First Street, I would hate to see it given a blanket zoning although I feel they should be allowed to have it commercial but it should be on an individual basis. Morrow: Is there anyone else in the audience who wishes to testify, if not I will close the Public Hearing. Are there any questions or comments from the Commission? There were none. The Motion was made by Johnson and seconded by.Allidjani to have the City Attorney prepare Findings of Fact and Conclusions on the application for rezone by Hartwell, Butterfield, Spencer & Shearer for the property described in the application. Motion Carried: All Yea: Shearer Abstaining: The Motion was made by Johnson and seconded by Alidjani that the Findings show a recommendation that the Meridian City Council approve request for a rezone by Hartwell, Butterfield, Spencer & Shearer for the property described in the application and that the ACHD recomm- endations be imposed as deemed appropriate. Motion Carried: Johnson, Yea: Alidjani, Yea: Morrow, Yea: Cole Nay: Shearer, Abstaining: Item #5: Review proposed Jasime Subdivision: Mr. Keith Loveless from Loveless Engineering was present to obtain `t w' r MERIDIAN P & Z JUNE 9, 1987 PAGE # 9 1__J Buchanan: I would -like to voice my objection to the property being zoned blanket Commercial because I would like to have you look at each property individually and keep the home type business in the area. James Shearer: Mr. Shearer was sworn by the City Attorney. Shearer: The reason for rezone on some of these properties is that some of the residents are in the future looking at selling their prop- erty and the value of the property is greater as commercial than residential, some of the residents plan on using their proeprty for commercial use, this would also make it �ti-_gin_us through out the street, not having a residential property and then a commercial. There is commercial property in all directions except .to the East and to keep that contigious we all got together to do this rezone. There will be two residential properties left on that side of the street if this rezone is approved, It is no ones anticipation at this time to tear down what is there, they anticipate using what there, however we do not want to be restricted from selling it to someone to do something different. Janet Butterfield, Mrs. Butterfield was sworn by the City Attorney. Butterfield: I just want to say that I do not believe very many people would want to purchase that property for -residential purposes.; Nancy Brigham: Mrs. Brigham was sworn by the City Attorney. Brigham: I just want to say, I would like to see it go one by one, our property backed up to East First Street, I would hate to see it given a blanket zoning although I feel they should be allowed to have it commercial but it should be on an individual basis. Morrow: Is there anyone else in the audience who wishes to testify, if not I will close the Public Hearing. Are there any questions or comments from the Commission? There were none. The Motion was made by Johnson and seconded by.Allidjani to have the City Attorney prepare Findings of Fact and Conclusions on the application for rezone by Hartwell, Butterfield, Spencer & Shearer for the property described in the application. Motion Carried: All Yea: Shearer Abstaining: The Motion was made by Johnson and seconded by Alidjani that the Findings show a recommendation that the Meridian City Council approve request for a rezone by Hartwell, Butterfield, Spencer & Shearer for the property described in the application and that the ACHD recomm- endations be imposed as deemed appropriate. Motion Carried: Johnson, Yea: Alidjani, Yea: Morrow, Yea: Cole Nay: Shearer, Abstaining: Item #5: Review proposed Jasime Subdivision: Mr. Keith Loveless from Loveless Engineering was present to obtain �s a3� ' a r w 5, 1 ITY DEED VARRAN d - ORDER NO. H17/-212 8648337 Rte, Far Value Received LURA J. MORGAN-RENK, JOHN R. MORGAN and LYNDA SUES., each a- to an k,nciivided one-third interest the grantors, do hereby grant, bargain, sell and convey unto JAMES E. SHEARER, JR., an unmarried man the grantee , whose current address is 1320 E. 1st st. , Meridian, Idaho 83642 the following described premises, in ADA County Idaho, to -wit: A tract of land in the NLdI-4 of the NWZ of SECTION 7, T. 3 N., R. 1 E., described as follows: Commencing at a point 154.5 feet North of the Southwest corner of that certain tract of land described in Book 190 of Deeds at Page 123 of the records of Ada County, Idaho, the REAL POINT OF BEGINNING; thence North along the East line of Highway #30 a distance of 63.5 feet; thence East 246 feet; thence South 63.5 feet; thence West 246.feet to the REAL POINT OF BEGINNING TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , his heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee , that t hey are the owners in fee simple of said premises; that they are free from all incumbrances 1986 taxes, 1986 Nampa -Meridian Irrigation District assessments, easements, restrictions and covenants of record and that t he y will warrant and defend the same from all lawful claims whatsoever. Dated: LURA MORGAN -R JOHN R. �MORGA. LXJ_qDA SITES, STATE OF IDAHO, couN.Ty OF Ada On this 15th' . 1: •..* day of August . 19 36 . before me, a notary gublie,in and for the said State, per - 14 I , 1rt -4 STATE OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at "'IFIRM: � , P A' y vfi. guA Y <i SK's'•. 1 ' ou t 4 '.., ' r� m� 4)`d m...F O'd O �� �A ® r H cs ad is cQ �� � ri _ O d S,' to .3 ° t'' -F3 °4a H@ t? 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A o n c 03 (D 4�> War'' • - e e o BUTTERFIELD, SPENCER HARTWELL & SHEARER REZONE REQUEST 1320, 1326, 1332 & 1404 EAST FIRST STREET C O M M E N T S 1: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS: 2: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS: 3: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER RUNOFF NOT TO CREATE MOSQUITO BREEDING PROBLEM: 4: CITY ENGINEER: SEE ATTACHED COMMENTS: 5: SEWER DEPARTMENT: NO PROBLEMS WITH THIS REZONE: 6. PLANNING & ZONING MEETING HELD JULY 14, 1987 - FINDINGS OF FACT APPROVED AND RECOMMEND THE CITY COUNCIL APPROVE THIS APPLICATION. (FINDINGS OF FACT ATTACHED) 4 ex ts°h n" p S?Y y -40 n 3 ADA COUN Y F-�IC�HWA 1STRIC�' 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence To:Ada County Highway District Commission Date: 5-27-87 From: Development Services Subject: REZONE 1320, 1326, 1332 & 1404 EAST FIRST STREET (MERIDIAN) FACTS & FINDINGS: 1. To rezone from residential to commercial . 2. East First has 80 -feet of right-of-way and is improved with asphalt curb, 10 -foot planter strip, 4 -foot sidewalk and 40 -feet of paving. Much of the sidewalk is broken and spalled. 3. East First Street is under the jurisiction of the Idaho Department of Transportation, but will belong to ACHD after Eagle Road is rebuilt and extended to Overland, including the I-84 interchange. If the rezone is approved and development proceeds, the -District will have the - following requirements: SITE SPECIFIC REQUIREMENTS: 1. Replace the AC curb paving on East First abutting parcel with standard curb, gutter and match paving. 2. Replace all unused curb cuts on East First with standard curb, gutter, and sidewalk. 3. Replace all damaged and uneven sidewalk sections on East First abutting parcel. STANDARD REQUIREMENTS: 1. Submit two sets of street improvement plans for review and approval by the District. 2. Submit a site drainage plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A), where applicable, and ACHD policy. 3. Access to parcel to be reviewed and approved by the District. � A - n 3 ADA COUN Y F-�IC�HWA 1STRIC�' 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence To:Ada County Highway District Commission Date: 5-27-87 From: Development Services Subject: REZONE 1320, 1326, 1332 & 1404 EAST FIRST STREET (MERIDIAN) FACTS & FINDINGS: 1. To rezone from residential to commercial . 2. East First has 80 -feet of right-of-way and is improved with asphalt curb, 10 -foot planter strip, 4 -foot sidewalk and 40 -feet of paving. Much of the sidewalk is broken and spalled. 3. East First Street is under the jurisiction of the Idaho Department of Transportation, but will belong to ACHD after Eagle Road is rebuilt and extended to Overland, including the I-84 interchange. 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K W m :� fD h-' r o • A Or N O O H r a 0 rt 0 o O a m d rt m 0 (D w rt W 0 rt 0 (D (IQ rt H w w ft a P3 r•n F4 'd a a 0 w rt O n o w N. p W (D r rt W m O GQ W 0 7W p rt N O w O rt 0 G N b w 0 H m a� 0 (n 1-h rt m a rt W W 0 O yy� w r � n rt m w th 4 m w m rt rt 6 w K O. 1A G m m I( 'F'" a i� a ,'fel R K m H 4 4 ,'fel R K m W N (n P-6 N r5 H 4 4 Yi m a m 0 O W W N (n P-6 N r5 Yi CD o II I I 13" 7 k Fw- N. O K � a I I a wco �waCCm - � N w N 2. a '� - O i Z Ate. m w p�u O ►�+. o w f�D tie r b rto i+ P P µ IM- RC N h �. w tt A tr N r�r K? m fp t0 ? m owv K 3 p�,+ o w w ct E m ro to ►�°t 3 Ci rt �O m ~ M v `Q W L b rt I rt G m r m g n N a c� 1a+ a cmr o cNi •�r �S rr K K m C O O a w a I�.. �q f K o o r 604 w� mom. mro r~ rt mm m o w 0 m m ..• I�-+s go o,l � w x m 1 w - n m a P C7 A N N � Jr�' W W O fmt K? A '� • S w 0 '* In 0 0914 1-0 rt 0 b rt • 6e • N $ "awrn Q Lr o A 0 to � m m� 0 m am • 0 0 f3D ct 1-&o OA 0 C7 �fi w m P K � G P m A W w N 0• ct O :s m to m Mw cr 9 tD 13" 7 k Fw- N. O K � a N $ "awrn Q Lr o A 0 to � m m� 0 m am • 0 0 f3D ct 1-&o OA 0 C7 �fi w m P K � G P m A W w N 0• ct O :s m to m Mw :100 ua. 9 tD 13" 7 k Fw- N. O K � a N Go _j m N wm M" �m w a Ha v� 10 Co R cN • CA Ai 0 RA 0 $ CEC NT L DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise Rezone # C pe -"'t e 11, �ct �c.,e I �� �� r,eer� Eagle Conditional Use # h eca re r Meridian Preliminary/Final/Short Plat N Kuna 13Z� t3Z(� t332_ l�o�l E4y��►s¢S�. ACZ 1. _ We have no objections to this proposal. 2. We recommend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can coimient on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: i, Central sewage _Interim sewage Individual sewage _ Community sewage system and Central water Individual water _ Community water well. 8. �( Plans for Central sewage Community sewage system Sewage dry lines, and Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan review for any (food establishment)(bev�era_ge establishmen swimming pools or spas)(procery store). 13. ..F w10 co 4 1w t I I a I I W I q , a is � � R m O W ( I I I to H aXan wo y� W t O m 'd r ct d m w m w w a m m R 31 m A O O A m O n N a °z n m m w m a xbr. £i =r� w n m ..F w10 co 4 1w t I I I I I m M I q , a is � � I m O I ( I I I to H aXan wo y� W t O 'd 1 ct d i w m w w a m 31 A O O A n N a °z rt w a xbr. £i =r� w n m YT - t i h ?, Y S nw O R � G pNp11 R M 7 F- ro a m �-+ M-, v, z n v � t� g La In 0 to W M b ro m to to DD bo H �a r K tr x ' rt o z c� n• B a a K n °. K c n• n +, at (u (D rt b �* W W l< r ►< w m n r R r O w W A (�D W x I p C h W1 y! R', to m t7 m R to w m to K 3 K GG � R C ro M d R tam H K W d w: w r 6.4 a R+ rt n G N $ h N a co r m .W ro rn - p, m K m tt m n ►e o �• �" x ton �• R u oc w 0 0~ a n 9 w ]' R o �C w o K o m O ro rt R m $ o M w n i4 ct mMro o x n w.w w= n m M —" to o w m w n m a h o N m R w ol o mrt ro n H R 't A 9 K! 1--Zrt m rt O m R ro On r rt ((H�� L=J e mg N n o Vor (rD C4 g En pmr v- m M :3 q , a is � � M m O O W ►t s � ya W t O 'd ct d wrrtle K ;tto 31 A O O A .+ N a °z rt w a xbr. £i =r� m YT - t i h ?, Y S nw O R � G pNp11 R M 7 b rr �t � r v � t� [� La In W M N OD m m R , # , �6004 a hryR�� H F�• mg N n o Vor (rD C4 g En pmr v- m M :3 M m O O W ►t n �••� A �y W t O 'd ct wrrtle K ;tto A O O A .+ N a °z rt a a0 m � nw O R � G pNp11 R M 7 rr [� La In W M N OD m m R a hryR�� H F�• mg N n o Vor (rD C4 g En pmr C4 v .0 p m M :3 M K 6 �i a O » X:) 9 N H to �i tit � � a r.y �•�'• ` � .. � � • CHE.YIt �.. 75 °5 ey . - .. .1 a!•� ` � V � 3 .0 we• w1l'sF :� s sr ls7-• GRy6ER AV.: cp'w�. ?64 i ELM. AV.,,"... a�at . � �•�.f � _ a y in^ i!9 4 14 5 2t \ N 0 ��-► , `13ytia __ ,d, BApLEY AV. ` •" 1^ ihEl. MAPLE AV. w '.' � �-'-ram -�� ,• _ /1'1 CHERRY AV. r , I - I '• - •``! �•r90(rt �. 1tt • . 1 - 1 ipI /Wy r64 • ai 1 ii 1 ~' 1 2 1 4* 6 7 1 ! M INI V yl V 1 r I LL WASHINGTON AY. S N •' . — . SMLt�ti �r fi f 1.6d1R. r -i This W 7iabirlt711-I-E COMPANY of Ada' C,.on'` 1 . ' y►^�.i� � c tz , S` Ire :. � I I I v�e ;3 h� k- .N� I� � f AMUROSE, FITZGERALD ,CROOKSTON 441orneys and Counselors P.O. Box 427 lerldlen, WOO 83842 sphone 8884181 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at 7:30 O'clock p.m. on June 91 1987, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the Application of James Shearer, 1320 E. 1st, Meridian, Idaho, Carol Spencer, 1326 E. 1st, Meridian, Idaho, Dennis Butterfield, 1332 E. 1st, Meridian, Idaho and R.D. Hartwell, 1404 E. -1st, Meridian, Idaho, for the rezone of NW 1/4 NW 1/4, Section 7, T 3N, R 1E, Parcels 3480, 3500, 3510, and 3520, Ada County, Idaho, from (R-15) Residential to (C -C) Community Commercial. Any and all interested persons may testify. DATED this),91A day ofM0,4 , 1987. u� R 9, t.. _ t - to z a, Y 9 Sz `n AMUROSE, FITZGERALD ,CROOKSTON 441orneys and Counselors P.O. Box 427 lerldlen, WOO 83842 sphone 8884181 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at 7:30 O'clock p.m. on June 91 1987, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the Application of James Shearer, 1320 E. 1st, Meridian, Idaho, Carol Spencer, 1326 E. 1st, Meridian, Idaho, Dennis Butterfield, 1332 E. 1st, Meridian, Idaho and R.D. Hartwell, 1404 E. -1st, Meridian, Idaho, for the rezone of NW 1/4 NW 1/4, Section 7, T 3N, R 1E, Parcels 3480, 3500, 3510, and 3520, Ada County, Idaho, from (R-15) Residential to (C -C) Community Commercial. Any and all interested persons may testify. DATED this),91A day ofM0,4 , 1987. R 9, t.. _ - to 9 -91 ................................. . . .. . . i -4Y ...;., t 4. Mrt ter• S t �^ ,Pg-q.l � , � !' l+, � �`,� +yi .rt ^•� .�i• �j / f G_ +(., ���;� �,rlwr�L. � a•;/• � y'c �.ktJl �°",/- .; 'r , G r� 3��1 ..._ , G E �• e� -.may , �'. � , 4p M ok 3oF Sp rul O �a•�t ':iwi-., 'o°s I �+ • � i y, �. ♦moo • t� . IU ELM AV.. s•. � ` d/,tip. y mr t.# 41qo, w • (4 15 Ir of v q ``41 MAPLE AV _ I = --Tr1r- �n o w �� - CHERRY AV. • / t✓ taa cr ! isdIL M y N w BA DLE 4 I� Ip Z .4t..7 WASHINGTON AV. 3 N � This skti°h is for' Ix:all. • .'� Thi•: E•vr',;,.a-r ate. ;;��; � ,°�, Lf ti 27 to tf to >e3 u L �s i6 a7 1� a y,j PIcrjrEi; TIME COI!PO.ly I i a of Ada County w 6 7+ a� 0 S1 IiNMt3 1 H i • .71.J it .. _`gym• -- i —1 I-- � E { k 7 --1 T r a f_ -91 ................................. . . .. . . i -4Y ...;., t 4. Mrt ter• S t �^ ,Pg-q.l � , � !' l+, � �`,� +yi .rt ^•� .�i• �j / f G_ +(., ���;� �,rlwr�L. � a•;/• � y'c �.ktJl �°",/- .; 'r , G r� 3��1 ..._ , G E �• e� -.may , �'. � , 4p M ok 3oF Sp rul O �a•�t ':iwi-., 'o°s I �+ • � i y, �. ♦moo • t� . IU ELM AV.. s•. � ` d/,tip. y mr t.# 41qo, w • (4 15 Ir of v q ``41 MAPLE AV _ I = --Tr1r- �n o w �� - CHERRY AV. • / t✓ taa cr ! isdIL M y N w BA DLE 4 I� Ip Z .4t..7 WASHINGTON AV. 3 N � This skti°h is for' Ix:all. • .'� Thi•: E•vr',;,.a-r ate. ;;��; � ,°�, Lf ti 27 to tf to >e3 u L �s i6 a7 1� a y,j PIcrjrEi; TIME COI!PO.ly I i a of Ada County w 6 7+ 0 wn IiNMt3 1 H • .71.J it .. _`gym• -- i —1 I-- � r , i Sv��Y �-� �� �.r � -80 • to � s3 So fi0 ._�.. 4 g br x"?w Y '�{';" + •�^ .,!'',`'- x r' xzI & SIM 1 - '�• *`re#fix rt~�'0.:a «yov ec, ;.••�t" ra`i' �` 1 & aL ,ir y;>;. tt '- 3•>{e s�, f,,� d ii �.ja r.. i."" -}w e,q`' K a " , a s�rrt' +f* �. 1 • .71.J it .. _`gym• -- i —1 I-- --1 T �-� �� �.r � -80 • to � s3 So fi0 ._�.. 4 g br x"?w Y '�{';" + •�^ .,!'',`'- x r' xzI & SIM 1 - '�• *`re#fix rt~�'0.:a «yov ec, ;.••�t" ra`i' �` 1 & aL ,ir y;>;. tt '- 3•>{e s�, f,,� d ii �.ja r.. i."" -}w e,q`' K a " , a s�rrt' +f* �. tOPERTY OWNERS WITHIN 300 FEET A F.A. Nourse's 3rd addition R612902 #0240 Olive Clouss 1225 E. 1st Meridian #0260 Gladys Adams 1233 E. 1st Meridian #0305 Max Boesiger 3710 Cambourne Boise, Id 83704 #320 Fay Brewer P.O. Box 383 ' Meridian #0310 Marguerite Patch 1311 E. 1st Meridian #0341 Lee and Gloria Sel 1323 E. 1st Meridian #0370 Helen Gibson 1335 E. 1st Meridian #0380 Owen and Darlene Fros P.O. Box 526 Meridian #0450 Georgia Evans 3126 Waterbury Boise, Idaho 83706 contract buyer - Rick Hoyle #0431 Nettie Hudson 1409 e. 1st Meridian, Idaho #0420 Georgia Evans ; #0400 Georgia Evans contract buyer - Rick H yle #0570 Don and Irene Albers / P.O. Box 812 Meridian contract buyer - Jerry Mortensen #0650 Moutain States Tumor Institut 1519 E. 1st Street Meridian z. .X k F &meq: y� uk Ga: 4 tOPERTY OWNERS WITHIN 300 FEET A F.A. Nourse's 3rd addition R612902 #0240 Olive Clouss 1225 E. 1st Meridian #0260 Gladys Adams 1233 E. 1st Meridian #0305 Max Boesiger 3710 Cambourne Boise, Id 83704 #320 Fay Brewer P.O. Box 383 ' Meridian #0310 Marguerite Patch 1311 E. 1st Meridian #0341 Lee and Gloria Sel 1323 E. 1st Meridian #0370 Helen Gibson 1335 E. 1st Meridian #0380 Owen and Darlene Fros P.O. Box 526 Meridian #0450 Georgia Evans 3126 Waterbury Boise, Idaho 83706 contract buyer - Rick Hoyle #0431 Nettie Hudson 1409 e. 1st Meridian, Idaho #0420 Georgia Evans ; #0400 Georgia Evans contract buyer - Rick H yle #0570 Don and Irene Albers / P.O. Box 812 Meridian contract buyer - Jerry Mortensen #0650 Moutain States Tumor Institut 1519 E. 1st Street Meridian k y� uk Ga: 4 z 0 �3 Property owners along east side of E. 1st S1107 I e o school Meridian School Distri t`�y4 P.O. box 213 Meridian #223599 Humbert Valenti 3800 So. Meridian Rd Meridian #223530 James and Norma Thompson 1310 E. 1st Meridian #223520 James Shearer 1320 E. 1st Meridian #223510 Carol Spencer P.O. Box 9 Meridian #223500 Dennis Butterfield 2833 Autumn Way Meridian a,? P I ; C �,..Kt5 #223500 Kelvin D. Hartwell 1404 E. 1st Meridian #223435 Meridian Associate 1406 E. 1st Meridian #223420 Ernco Inc. 1412 E. 1st Meridian #223400 Ernest Lembke(11 1412 E. 1st Meridian #223380 Richard Sampson 2031 Kristin 'Wap Meridian #223370 Raymond and Maria Morgan/ 2275 So. Ten Mile Meridian a 4 tE � Rft i�. =q , NT �j t,p : #223100 Joseph and Susan Privette Riviera Estate #37 Eagle, 83616 contract buyer - Joyce Utley #223085 Ronald Chandler 1411 E. 21 � Meridian #223080 Donald and Nancy Brigham 1403 E. 21 Meridian #223082 lon#ld and Nancy Brigham #223070 Ralph and Madge Rindall 1349-E. 2� , Mertlian #223060 Gladys Badesheim 1337 E. 21 Meridian #223050 Bertha Fuhrman 1331 E. 21 Meridian #223040 Charles Yeadicke 3 4595 So. Eagle �y Meridian contract buyer -David Clark' #223030 Guy Smith J 1313 E. 21.. d d Meridian #223020 Ernest Frost 1305 E. 21 Meridian #223010 Gerald and Sharron Bititick s 106 Rudolf Caldwell, Ida 83605 0 • #0075 Ethel Hawkins 1410 E. 22 Meriidan #0010 The Ewing Co. 1500 Eldorado Boise, Id 83704 #0100 Richard Stevens 1304 21 st. Meridian AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888-4461 o NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at 7:30 O'clock p.m. on June 9, 1987, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the Application of James Shearer, 1320 E. 1st, Meridian, Idaho, Carol Spencer, 1326 E. lst, Meridian, Idaho, Dennis Butterfield, 1332 E. 1st, Meridian, Idaho and R.D. Hartwell, 1404 E. 1st, Meridian, Idaho, for the rezone of NW 1/4 NW 1/4, Section 7, T 3N, R 1E, Parcels 3480, 3500, 3510, and 3520, Ada County, Idaho, from (R-15) Residential to (C -C) Community Commercial. Any and all interested persons may testify. DATED this,/ day of 0, , 1987. f* c9.a a �x N 1.0 • M W OD r,77 z H P4 A ;:J 3 N xd m W 3 M, e�( rd co a1 H 0r 3 U) N �1 n O O (d O H a, � (Wzj e• -I •� H N 41 W ... cn H a fn •,i N Ol N 14 o O M H M, e�( rd M, °i I`I�I�',; : ,. rd H 0r 3 U) N �1 n O O (d O H °i I`I�I�',; : ,. N �1 M M � (Wzj e• -I •� H N 41 W ... cn fn •,i N Ol N 14 o O M H Z O r-4 H b O A ' N E -14J m 4-1 Cd En 0 N 0 r -I L H ''d O O N O O H O R N WUW •� H 43 0 •rj H U ani ani '8 .ra N H ra oP4 '�� qq rd E -cra '"i � 3 N U °i I`I�I�',; : ,. H w ° A ' H U 3 O V-1 Or -4 4J M a 5- P4 (d -4 (d _ N cz y (d •� ani o +) VI—I wr-1 U 4J •N co w•9 aZ 0 0 ,-�I U N A (i 4• N rl >, A N A A a U) ��� ra N 0 ... 0 4- ani 3 >� � .N H (d A H N U A • 1 N .�' O a N U o r•I A ri 44 >1 v x � I o a (1)V .r w O 3 tp cn 4J H 4J + a cd C7 4) .9 � O N O Cr O O O W N 0 4 41 m -r-I>1rd CC b� aJ _4 r -I U-1-11-04 U � N i t I 4.! N ra }•I } 4 N (d H(D iJ 10 c 4J .0 ro o 4J Mo 0 o a, .4 rn 4) m iv �•I 4) (� 1J a) 9 (d +J f0 N (d � Plr; >1Z +J G4 rl �� '� U r 04J � J u '0 C .l >Q, 7+ u n ..O $4 •H J � V H :4 b 'd cd C3 :. N 10 4' w (dos , J s.' 1 ( � u cd N •� 0 71 G •� G. Q 7 C7 (d W •r1 C) N C) FC �C C! 7 tI) t i H w �' CQ W W W W N . 14 N „ °i I`I�I�',; : ,. 4 F, -)F' A!ti LhA 10tP ai'PROVAL & ZuNING Meiidia� Planning 6 Zoning Commission Filing Information a,w I. GENERAL INFORMATION 3 (Proposed Name of Subdivision) '3. 1320, 1326, 1332, 1404 E. 1st St., Meriidan ;F (General Location) x. x NW4NW4 Sec 7 3N 1E iq k (Legal Description - attach if lengthy) %L e James Shearer 1320 E. 1st- 888-1071 parol Spencer 1126 F_ let 888-2403 (Owner(s) of Record) (Name) (Telephone No. ) x... Dennis Butterfield 1332 E. 1st 888-1844 K.d. Hartwell -18441404 E. 1st 888 (Address) (Applicant) (Name) (Telephone No. ) t r, same as above listed owners (Address) - (Engineer, Surveyor or Planner) (Name) (Telephone No. ) (Address) (Jurisdiction(s) Requiring Approval) (Type of Subdivision -Residential, Commericial, Industrial) 50 Acres of Land in Contiguous Ownership. (Acc pted By:) (Fee) a,w iq %L e 0 1. name and address of applicants: K.D. Hartwell Dennis Butterfield 1404 E. 1st 1332 E. 1st 888-1844 888-7388 2. All applicants are the property owners. 4. Legal description: NW4NW4 Sec 7 3N lE Parcel Numbers: 3480, 3500, 3510, 3520 6. Present land use is R15 Residential 7. Proposed land use is CC Comercial Carol Spencer Jim Shearer 1326 E. 1st 1320 e. 1st 888-2403 888-1071 10. We feel it is logical that this property be zoned commercial because it is located on the main street running through Meridian. Much of the property along the street is already zoned commercial. When property is purchased along this street, it is purchased for it's commercial potential. 11. The above property is located between the new Meridian Professional building and the old Intermediate school, which is the proposed site for the new post office. 15. There is commercial property to the north, south and west of these properties. We have understood that Meridian's Comprehensive Plan intends for this entire street to be commercial. We feel Meridian would like to bring more business into the city rather than drive new businesses into the county or to Boise. -N x. T. Mn 14 C � pr t �L r w t They have also agreed that if these costs are not paid it will be their property only on which a lien will be placed for the City of Meridian to receive reimbursement for the costs involved in the rezoning request. r ` \4 of .r 1. : I. :b �r t Y HUB OF TR EA SURF.' VALLEY O �ae A Good Place to Live OFFICIALS { JACK XM.KI EMAT,TreaCity Clark A, M. KIEBERT. Treasurer CITY OF MERIDIAN COUNCILMEN BILL BREWER BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney RONALD R. TOLSMA EARL WARD, Waste Water Supt. 728 Meridian Street J. E. BERT MYERS ROSERTGIESLER r KENNY BOWERS, Fire ROY PORTER, Police Chief Chief MERIDIAN, IDAHO x t- = GARY SMITH, City Engineer 83842 Phone 888.4433 BOB SPENCER Chairman Zoning B Planning J� GRANT P. KINGSFORD a Mayor May 18, 1987 C, Ct TO WHOM IT MAY CONCERN: Dennis and Janet Butterfield have agreed -to pay the costs involved in the rezoning of the property along East First Street. They have also agreed that if these costs are not paid it will be their property only on which a lien will be placed for the City of Meridian to receive reimbursement for the costs involved in the rezoning request. r ` \4 of .r 1. : I. :b �r t Y t �ae { They have also agreed that if these costs are not paid it will be their property only on which a lien will be placed for the City of Meridian to receive reimbursement for the costs involved in the rezoning request. r ` \4 of .r 1. : ",9&a4-cl Janice . Gass, my commission expires p,pri 1 1, 1993 Ei � �r' t** k� rl dldn, Idaho O ` ©J �01AR� lR I :OP" @f t SR P B'�C•'G9O_t 4 ;. s a e,9*' � CL Y, �VQ1��►2'� w request the City of Meridian to re -zone our property, located at 3 3 a I St from R15 Residential to CC Commercial. 0 "E 2k vIDe fi ah 44, date "State of Idaho ) )ss County of Ada Subscribed and sworn(or affi'rmed)before me this 19 dayof May,1987 ",9&a4-cl Janice . Gass, my commission expires p,pri 1 1, 1993 Ei � �r' t** k� rl dldn, Idaho O ` ©J �01AR� lR I :OP" @f t SR P B'�C•'G9O_t 4 ;. s a ",9&a4-cl Janice . Gass, my commission expires p,pri 1 1, 1993 Ei � �r' t** k� rl dldn, Idaho O ` ©J �01AR� lR I :OP" @f t SR P B'�C•'G9O_t I, CAROL J. SPENCER request the City of Meridian to re—zone our property, located at 1326 EAST FIRST , from R15 Residential to CC Commercial. date t� I, CAROL J. SPENCER request the City of Meridian to re—zone our property, located at 1326 EAST FIRST , from R15 Residential to CC Commercial. date i P h, r x k, t v; p James Shearer request the City of Meridian to re -zone our property, located at 1320 East First St. from R15 Residential to CC Commercial. date Sworn & subscribed before this�'aay 1987: GaryG D. Smith, Commission Expires ry:� k b �tW N z .� James Shearer request the City of Meridian to re -zone our property, located at 1320 East First St. from R15 Residential to CC Commercial. date Sworn & subscribed before this�'aay 1987: GaryG D. Smith, Commission Expires ry:� k • • K.D.HART ELL & LA VERNE HARTWELL request the ``City of Meridian to re -zone our property, located at! a -C�c from R15 Residential to CC Commercial. -7 ' / "Sate of Idaho )ss County of Ada Subscribed and sworn(or affirmed)before me this 18 day of May, 1987" Q .r s, My commission expires .:. GE L�'%-pri1 1, 1993 � OTAj?y w 2F F Alf 8, 11 "'•;fir 0�'�•`` r t C � b � u n tn, • • K.D.HART ELL & LA VERNE HARTWELL request the ``City of Meridian to re -zone our property, located at! a -C�c from R15 Residential to CC Commercial. -7 ' / "Sate of Idaho )ss County of Ada Subscribed and sworn(or affirmed)before me this 18 day of May, 1987" Q .r s, My commission expires .:. GE L�'%-pri1 1, 1993 � OTAj?y w 2F F Alf 8, 11 "'•;fir 0�'�•`` r I X$/DK !'-82410 DEED OF TRUST THIS DEEB) OF TRUST. Made this 29th day of January 1987 BETWEEN DENNIS H. BUTTERFIELD &JANET L. BUTTERFIELD, husband & wife, whose address is herein called GRANTOR, PIONEER TITLE COMPANY OF ADA COUNTY an Idaho corporation, herein called TRUSTEE, whose address is 821 W. State St., Boise, Idaho 83702. and DENNIS E. NIELSON & JOAN M. NIELSON, H & W whose address is herein called BENEFICIARY, WITNESSETH Thai Grantor does hereby irrevocably GRANT. BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the Counly of Ada and containing not more than twenty acres. Siete of Idaho. described as follows, That portion of the Northwest quarter of the Northwest quarter of Section 7, Township 3 North, Range 1 East, of the Boise Meridian, in Ada County, Idaho, as follows: Commencing at the Southwest corner of that certain tract of land heretofore conveyed to S.H. Hughell and Mary Hughell, by deed recorded in Book 190 of Deeds at page 123 of the records of Ada County, State of Idaho, thence 281.5 feet North along the East side of Highway number 30 to the real place of beginning, thence North along the East side of Highway number 30 a distance of 64.5 feet, thence East at right angles a distance of 246 feet; thence South at right angles a distance of 64.5 feet, thence West at right angles a distance of 246 feet to the PLACE OF BEGINNING. TOGETHER WITH the rents, issues and profits 'hereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose Of Seeu►ing payment of the indebtedness evidenced by o promissory note, of even date herewith, executed by Grantor in the sum of ----THREE THOUSAND FIVE HUNDRED SEVENTY 0___ _ . _. _ TTnT . ANP .110 - ONE HuNDI3EATH�S- .--tossers, (i_3ZZ.aLL). final payment due __.. July 1,. 1987 and to secure payment of all such further sums as may hereafter be loaned or advanced by the Benefrcrory herein to rhe Grantor herein, or any or either of them, while record owner of present interest, for any purpose, and of any notes, drafq or other instruments representing such further loons, advances or expenditures together with interest on all such sums of the rote therein provided. Provided, however, #hot the making of such further loons, advances or expenditures shall be optional with the Beneficiary, and provided, further, that it is the express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid for all such advances together with interest thereon. A. To protect the security of this Deed of Trust. Grantor agrees: 1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor per- formed and materials furnished therefor; to comply with oil laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof: not to commit, suffer or permit any act upon said property in violation of low; to cultivate, irrigate, fertilize, fumi- gate, prune and do oil other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not ex- cluding the general. 2. To provide, maintain and deliver to Beneficiary rite insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any Fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or of option of Beneficiary the entire amount so collected or any part thereof may be released to Grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiory or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in o reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. To pay at least ten days before delinquency oil taxes and nssessments affecting said property, when due, all encumbrances, charges and liens, with interest, on said property or any part ►hereof, which appear to be prier or superior hereto; all costs, fees and expenses of this Trust. In addition to the payments due in accordance with the terms of the note hereby secured the Grantor shall of the option, and on demand of the Beneficiary, pay each month 1/12, of the estimated annual taxes. -assessments, insurance premiums, maintenance and other charges upon the property, nevertheless in trust for Grantoi s use and benefit and for the payment by Beneficiary of any such items when due. Gron►or's failure so to pay shall constitute a default under this trust. S. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof, with interest from dote of expenditure at eight per cent per annum.. t 6. Should Grantor foil to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Grantor and without. releasing Grantor from any obligation hereof, may: make or do the some in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon said property for such pur- poses; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, pur- chase, contest or compromise any eni:umbronce, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, or in enforcing this Deed of Trust by judicial foreclosure, pay necessary expenses, employ counsel and pay his reasonable fees. 8. It is mutually agreed that: 1. Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the some manner and with the some effect as above provided for disposition of proceeds of fire or other insurance. 2. By accepting payment of any sum secured hereby offer its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare defoult for failure so to pay. 7. At any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement;- and without affecting the personal liability of any person for payment of the indebtdness secured hereby. Trustee may: reconvey oil or any port of said property; consent to the making of any mop or plot thereof; join in granting any easernem thereon; or join in any extension agreement or any agreement subordinating the lien or change hereof. 4. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall recenvsy, without- warranty, the property then held hereunder. The recitals in any reconveyance executed under this deed of trust of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." S. As additional security, Grantor hereby gives to and confers upon Beneficiary the right, power and authority, during the continence of these Trusts, to collect the rents, issues and profits of said property, reserving unto Grantor the right, prior to any default by Grantor in payment of any in- debtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such defoult, Beneficiary may of any time without notice, either In person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon end take possession of sold property or any pan thereof, in his own name sue for or otherwise collect such rents, Issues and profits, Including those past due and unpaid, and apply the some, less costs and expenses of operation and collection, including roosonoble attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of sold property, the colloolon of such rents, Issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or Invalidate any act done pursuant to such notice. 6. Upon default by Grantor in paymint 91'any indebtedness secured hereby or In performance of any agreement- hereunder, all sums secured hereby shall immediately become due and payable of the option of the Beineficlory. In the event of default, Beneficlory shall execute or cause the Trustee to ex- ecute o written notice of such default and of'his'election to cause to be sold the herein described property to satisfy the obligations hereof, and shall cause such notice to be recorded in the office of the recorder of each county wherein said real property or some port thereof is situated, i ys f X$/DK !'-82410 DEED OF TRUST THIS DEEB) OF TRUST. Made this 29th day of January 1987 BETWEEN DENNIS H. BUTTERFIELD &JANET L. BUTTERFIELD, husband & wife, whose address is herein called GRANTOR, PIONEER TITLE COMPANY OF ADA COUNTY an Idaho corporation, herein called TRUSTEE, whose address is 821 W. State St., Boise, Idaho 83702. and DENNIS E. NIELSON & JOAN M. NIELSON, H & W whose address is herein called BENEFICIARY, WITNESSETH Thai Grantor does hereby irrevocably GRANT. BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the Counly of Ada and containing not more than twenty acres. Siete of Idaho. described as follows, That portion of the Northwest quarter of the Northwest quarter of Section 7, Township 3 North, Range 1 East, of the Boise Meridian, in Ada County, Idaho, as follows: Commencing at the Southwest corner of that certain tract of land heretofore conveyed to S.H. Hughell and Mary Hughell, by deed recorded in Book 190 of Deeds at page 123 of the records of Ada County, State of Idaho, thence 281.5 feet North along the East side of Highway number 30 to the real place of beginning, thence North along the East side of Highway number 30 a distance of 64.5 feet, thence East at right angles a distance of 246 feet; thence South at right angles a distance of 64.5 feet, thence West at right angles a distance of 246 feet to the PLACE OF BEGINNING. TOGETHER WITH the rents, issues and profits 'hereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose Of Seeu►ing payment of the indebtedness evidenced by o promissory note, of even date herewith, executed by Grantor in the sum of ----THREE THOUSAND FIVE HUNDRED SEVENTY 0___ _ . _. _ TTnT . ANP .110 - ONE HuNDI3EATH�S- .--tossers, (i_3ZZ.aLL). final payment due __.. July 1,. 1987 and to secure payment of all such further sums as may hereafter be loaned or advanced by the Benefrcrory herein to rhe Grantor herein, or any or either of them, while record owner of present interest, for any purpose, and of any notes, drafq or other instruments representing such further loons, advances or expenditures together with interest on all such sums of the rote therein provided. Provided, however, #hot the making of such further loons, advances or expenditures shall be optional with the Beneficiary, and provided, further, that it is the express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid for all such advances together with interest thereon. A. To protect the security of this Deed of Trust. Grantor agrees: 1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor per- formed and materials furnished therefor; to comply with oil laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof: not to commit, suffer or permit any act upon said property in violation of low; to cultivate, irrigate, fertilize, fumi- gate, prune and do oil other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not ex- cluding the general. 2. To provide, maintain and deliver to Beneficiary rite insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any Fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or of option of Beneficiary the entire amount so collected or any part thereof may be released to Grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiory or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in o reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. To pay at least ten days before delinquency oil taxes and nssessments affecting said property, when due, all encumbrances, charges and liens, with interest, on said property or any part ►hereof, which appear to be prier or superior hereto; all costs, fees and expenses of this Trust. In addition to the payments due in accordance with the terms of the note hereby secured the Grantor shall of the option, and on demand of the Beneficiary, pay each month 1/12, of the estimated annual taxes. -assessments, insurance premiums, maintenance and other charges upon the property, nevertheless in trust for Grantoi s use and benefit and for the payment by Beneficiary of any such items when due. Gron►or's failure so to pay shall constitute a default under this trust. S. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof, with interest from dote of expenditure at eight per cent per annum.. t 6. Should Grantor foil to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Grantor and without. releasing Grantor from any obligation hereof, may: make or do the some in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon said property for such pur- poses; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, pur- chase, contest or compromise any eni:umbronce, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, or in enforcing this Deed of Trust by judicial foreclosure, pay necessary expenses, employ counsel and pay his reasonable fees. 8. It is mutually agreed that: 1. Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the some manner and with the some effect as above provided for disposition of proceeds of fire or other insurance. 2. By accepting payment of any sum secured hereby offer its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare defoult for failure so to pay. 7. At any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement;- and without affecting the personal liability of any person for payment of the indebtdness secured hereby. Trustee may: reconvey oil or any port of said property; consent to the making of any mop or plot thereof; join in granting any easernem thereon; or join in any extension agreement or any agreement subordinating the lien or change hereof. 4. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall recenvsy, without- warranty, the property then held hereunder. The recitals in any reconveyance executed under this deed of trust of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." S. As additional security, Grantor hereby gives to and confers upon Beneficiary the right, power and authority, during the continence of these Trusts, to collect the rents, issues and profits of said property, reserving unto Grantor the right, prior to any default by Grantor in payment of any in- debtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such defoult, Beneficiary may of any time without notice, either In person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon end take possession of sold property or any pan thereof, in his own name sue for or otherwise collect such rents, Issues and profits, Including those past due and unpaid, and apply the some, less costs and expenses of operation and collection, including roosonoble attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of sold property, the colloolon of such rents, Issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or Invalidate any act done pursuant to such notice. 6. Upon default by Grantor in paymint 91'any indebtedness secured hereby or In performance of any agreement- hereunder, all sums secured hereby shall immediately become due and payable of the option of the Beineficlory. In the event of default, Beneficlory shall execute or cause the Trustee to ex- ecute o written notice of such default and of'his'election to cause to be sold the herein described property to satisfy the obligations hereof, and shall cause such notice to be recorded in the office of the recorder of each county wherein said real property or some port thereof is situated,