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HomeMy WebLinkAboutDoris SubdivisionAPPLICATION FOR ANNEXATION APPROVAL & ZONING Meridian Planning & Zoning Commission Filing Information I. GENERAL INFORMATION Portion of Doris Subdivision (Proposed Name of Subdivision) Fairview Avenue (General Location) I I Lots 1.2.9 of Block 2 Doris Subdi (Legal Description - attach if lengthy) Steve P. and Ma= E. Michels (208) 888=9320 Glenn E. and Vida A. Michels (208) 888_3' 98 (Owner(s) of Record) (Name) (Telephone No. 1630 E. Paradise Lane Mer; dian, Tda-ho 83642 (Address) See Above (owners) (Applicant) (Name) (Telephone No. (Address) (Engineer, Surveyor or Planner) (Name) (Telephone No. (Address) Cit of Meridian (jurisdiction(s) Requiring Approval) Presently C-2 and R-8 Residential (Askirw for Q -G Zoning) (Typeof Subdivision -Residential, Commericial, Industrial) 50 3 Acres of Land in Contiguous ownership. rl (Fee) MICHELS & MICHELS Proposed Annexation & Zoning for Lots 1,2,3 Block 2 of Doris Sub 5. Easements 1. Public Utility Easements of 3' on each side of back lot lines. 2. The Center Line of Fairview Ave. is 70' from ' property line for the full length of the properties south side - approx. 347.8 feet. 3. Public Utility Easement of 3' down west side of lots 1 and 3 - approx. 422 feet. 6. The Present land is zoned R-8 and C-2. 7. The Proposed land use is commercial, zoned C -G. 8. The Present district is Meridian - County. 9. The Proposed district is Meridian - City. 10. The characteristics of the subject property which make the zoning amendment desirable are that the property to the West, South, and East are all presently zoned commercial. (With the exception of Lot 4, Block 1 of Carol Sub.) 11. The desirability of development pertaining to the zoning amendment and its harmony with adjacent development is that the majority of the adjoining property is commercial. 15. The proposed zoning amendment relates to the Meridian Comprehensive Plan in that it would help square up the Meridian City boundary and would place commercial property adjacent to commercial property. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counaelors P.O. Box 427 Meridian, Idaho 83842 Telephone = 44et • 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on July 7, 1986, for the purpose of reviewing and considering the Application of Glen Michels for annexation and zoning of the following described property, Lot 1,2,3, Block 2, DORIS SUBDIVISION; the zoning requested is "C -G" General Retail and Service Commercial; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this/,?43 day of June, 1986. LJack iemannI..6ity Clerk :a> w oh yam., AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counaelors P.O. Box 427 Meridian, Idaho 83842 Telephone = 44et • 6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on July 7, 1986, for the purpose of reviewing and considering the Application of Glen Michels for annexation and zoning of the following described property, Lot 1,2,3, Block 2, DORIS SUBDIVISION; the zoning requested is "C -G" General Retail and Service Commercial; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this/,?43 day of June, 1986. LJack iemannI..6ity Clerk :a> w NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning & toning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock v.m. on Mav 12. 1986, for the purpose of reviewing and considering the Application of Steve and Glen Michels for annexation and zoning of the following described property Lot 1,2,3, and Block 2, 'DORIS SUBDIVISION; the zoning requested is "C -G" General Retail and Service Commercial; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this�� day of April, 1986. AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 P 44 t: P W s a bfi. �t 3 ^s r -- p--g% � fi 3C� .:§ t,` .' d f .. gg 'ySy, ¢ e r � NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning & toning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock v.m. on Mav 12. 1986, for the purpose of reviewing and considering the Application of Steve and Glen Michels for annexation and zoning of the following described property Lot 1,2,3, and Block 2, 'DORIS SUBDIVISION; the zoning requested is "C -G" General Retail and Service Commercial; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this�� day of April, 1986. AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 Jack /Niemann, ,city Clerk �,1 ak r XY � {yA s a bfi. Jack /Niemann, ,city Clerk �,1 �. Y e„lz _x '' ONTRAL DISTRICT HEALTH DEPARTMO ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: �9 Boise Rezone #�- �'�i'/7� �1 L G�L�o .�GL �i©n Eagle _ Conditional Use # D» i n ! �. D f � t ,3 C Meridian ;fl Z. Prelimi.nary/Final/Short Plat ,BK. Z .S( Dozi tt Kuna ACZ 1. We have no objections to this�CCIFrr� 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. _ 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: Central sewage Interim sewage Individual sewage _ Community sewage system and Central water Individual water _ Community water well. 8. Plans for Central sewage Comanin1ty sewage system Sewage dry lines, and _hCentral water _Comanunity water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. 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"3Ad 3ad31 "3Rd �(H101 3N Li 1 A ( 16 3nl8C- V89EI '8 •-.%rte-==f'=o= __�-� J L------ J V m . ;f 9 tS Y.k f �A ,- I fx4Y fs aa f f k 4 '0545, 5 §" } a t<. . � 7 � f All i..xa7>Hi I" PIAN CITY COUNCIL SEPTEMBER 5, 1989 PAGE # 3 The Motion was made by Myers and seconded by Tolsma to table the Covenants of Glennfield Manor #3 until the next meeting: Motion Carried: All Yea: .Item # 5: public Hearing: 1989-90 Fiscal Year Budget: Mayor Kingsford: I will now open the Public Hearing, is there anyone in the audience Who wishes to testify on this budget, there was no response , the -Public Hearing was closed: _ Item #6: Ordinance #512: Annual Appropriation Ordinance: Mayor Kingsford: An Ordinance entitled the Annual Appropriation Ordinance for the Fiscal Year beginning October 1, 1989, appropriating the sum of $3,343,200.00 to - defray the expense -and liabilities of the City of Meridian for said Fiscal Year authorizing a levy of sufficient tax -upon taxable property and specifying the objects and purposes for which appropriation is made, is there anyone in the - audience that wishes Ordinance #512 read in its entirety? There was no response. - The Motion was made by Myers and seconded by Tolsma that the rules and Provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #512 as read be passed and approved: Motion Carried: Roll Call Vote: Morrow, Yea: Giesler,Yea; Telsma, Yea:-Myers,Yea: - Item #7: Annexation & Zoning of Michels Property: ordinance #513: Mayor Kingsford: An ordinance annexing & zoning Lots 1,2, & 3 in Block 2 of Doris Subdivision, according to the plat thereof filed in Book 16 of Plats at Page 1080_, records of Ada County, Idaho and adjacent road right of way of Fairview Ave, and providing an effective date, is there anyone in the audience who wishes Ordinance #513 read in its entirety, there was no response: The Motion was made by Giesler and seconded by Myers that.the rules and provisions of 50-902 and all rules and provisions requiring that ordinances be read on three different days be dispensed with and that Ordinance #513 as read be passed and approved: Motion Carried: Roll Call Vote: Morrow, Yea: Giesler,Yea: Myers,Yea: Tolsma,Yea: Item -#8: Pre -Tenn nation Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose -to, you have the right to a pre -termination hearing before the Mayor & Council, to appear in person to be judged -on facts and defend the claim made by the City=that your water/sewer/ - :t trash bill is delinquent. You may retain Counsel:- Is there anyone in the sudience who wishes a pre-tennination hearing? Wilma Blair: Accmunt #3584.- Blair: 3584: Blair: I am unemployed at the present time and have a check for $30.00 and ask your consideration on the balance, I will be able to catch this up soon. Mayor Kingsford: Anyone else from the audience, there was no response, due to their failure to pay their water bill or to present any valid reason why the bill has not •�t ° ^'Pa'xg'xt r� s;. A r.� x • t d � ,. rs -S,�. � . � d � � t a i r x t r t s aS%Y PIAN CITY COUNCIL SEPTEMBER 5, 1989 PAGE # 3 The Motion was made by Myers and seconded by Tolsma to table the Covenants of Glennfield Manor #3 until the next meeting: Motion Carried: All Yea: .Item # 5: public Hearing: 1989-90 Fiscal Year Budget: Mayor Kingsford: I will now open the Public Hearing, is there anyone in the audience Who wishes to testify on this budget, there was no response , the -Public Hearing was closed: _ Item #6: Ordinance #512: Annual Appropriation Ordinance: Mayor Kingsford: An Ordinance entitled the Annual Appropriation Ordinance for the Fiscal Year beginning October 1, 1989, appropriating the sum of $3,343,200.00 to - defray the expense -and liabilities of the City of Meridian for said Fiscal Year authorizing a levy of sufficient tax -upon taxable property and specifying the objects and purposes for which appropriation is made, is there anyone in the - audience that wishes Ordinance #512 read in its entirety? There was no response. - The Motion was made by Myers and seconded by Tolsma that the rules and Provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #512 as read be passed and approved: Motion Carried: Roll Call Vote: Morrow, Yea: Giesler,Yea; Telsma, Yea:-Myers,Yea: - Item #7: Annexation & Zoning of Michels Property: ordinance #513: Mayor Kingsford: An ordinance annexing & zoning Lots 1,2, & 3 in Block 2 of Doris Subdivision, according to the plat thereof filed in Book 16 of Plats at Page 1080_, records of Ada County, Idaho and adjacent road right of way of Fairview Ave, and providing an effective date, is there anyone in the audience who wishes Ordinance #513 read in its entirety, there was no response: The Motion was made by Giesler and seconded by Myers that.the rules and provisions of 50-902 and all rules and provisions requiring that ordinances be read on three different days be dispensed with and that Ordinance #513 as read be passed and approved: Motion Carried: Roll Call Vote: Morrow, Yea: Giesler,Yea: Myers,Yea: Tolsma,Yea: Item -#8: Pre -Tenn nation Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose -to, you have the right to a pre -termination hearing before the Mayor & Council, to appear in person to be judged -on facts and defend the claim made by the City=that your water/sewer/ - :t trash bill is delinquent. You may retain Counsel:- Is there anyone in the sudience who wishes a pre-tennination hearing? Wilma Blair: Accmunt #3584.- Blair: 3584: Blair: I am unemployed at the present time and have a check for $30.00 and ask your consideration on the balance, I will be able to catch this up soon. Mayor Kingsford: Anyone else from the audience, there was no response, due to their failure to pay their water bill or to present any valid reason why the bill has not •�t ° ^'Pa'xg'xt r� s;. A r.� x • t d � ,. rs -S,�. � . � d � � t a i r x t r t s O AMBROSE, FITZGERALD &CROOKSTON Attomeye and Counselors P.O. Box 127 Mmldlan,Idaho 83812 Tetephone 88&1181 0 9 ORDINANCE NO. STEVE AND GLEN MICHELS ANNEXATION AND ZONING AN ORDINANCE ANNEXING ORDING TO THE ND ZONING SPLAT2r AND 3 IN THEREOF FILED oIN BOOR 2 OF DORIS SUBDIVISION, ACC OF PLATS AT PAGE 1080, FAIRVIEWVENUEAND PROVIDING AN RECORDS ; AND AD ADJACENT ROAD RIGHTFWAYOF IRVIEW - EFFECTIVE DATE. - - WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the -best interest of said City to annex and zone to the said City real -property whish is hereinbelow_ described, to wit:- A parcel of - property located im the SE 1/4 of SE 1/4 of Section 6, T- 3N., R. lE., B.M., Ada County, -Idaho, more particularly described as follows: Lots 1, 2 and 3 of Block 2, Doris Subdivision, according to the plat thereof filed in Book 16 of Plats at Page 1080 in the office of the Recorder for Ada County, Idaho and also to include that portion of public right of way, known as Fairview Avenue, lying between the southerly boundary of said Lots 1 and 2 and the south boundary line of Section 6, T. 3N. , R. JE., B.M., Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the above described and referenced real property is hereby annexed to the City of -Meridian,_ -and shall be zoned as follows: C -G GENERAL RETAIL AND SERVICE COMMERCIAL.--- Section 2: That this Ordinance does not supersede the 0 s record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated -herein , and particularly, at the time of any construction on the annexed property no traffic ingress or egress shall be allowed onto the interior -streets with Doris Subdivision from the property being annexed, a landscaped buffered area and/or fencing along adjoining lot lines -of Lot 4,_ Block if -and Lot 4, Block 2, -both Doris Subdivision, shall be provided, and a minimum lot set back line of fifteen (15) feet shall be observed for the location of any building from all adjoining looms- used- as residences, and that if the above conditions are not observed the property shall be subject to de -annexation and denial of City services. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: WHEREAS, there -is_ an emergency -therefor, which this -Ordinance shall -take effect emergency is declared to exist, and be in force from and after its passage, approval and AMBROSE, FITZGERALD &CROOKSTON Attomays and Counselors P.O. Box 127 Msddlan, Idaho 83&12 Telephone 8881181 yy��3�w 0 s record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated -herein , and particularly, at the time of any construction on the annexed property no traffic ingress or egress shall be allowed onto the interior -streets with Doris Subdivision from the property being annexed, a landscaped buffered area and/or fencing along adjoining lot lines -of Lot 4,_ Block if -and Lot 4, Block 2, -both Doris Subdivision, shall be provided, and a minimum lot set back line of fifteen (15) feet shall be observed for the location of any building from all adjoining looms- used- as residences, and that if the above conditions are not observed the property shall be subject to de -annexation and denial of City services. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: WHEREAS, there -is_ an emergency -therefor, which this -Ordinance shall -take effect emergency is declared to exist, and be in force from and after its passage, approval and AMBROSE, FITZGERALD &CROOKSTON Attomays and Counselors P.O. Box 127 Msddlan, Idaho 83&12 Telephone 8881181 • s publication 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 1989. ATTEST: CITY CLERK, JACK NIEMANN AMBROSE, FITZGERALD &CROOKSTON AnonWaand Counselors P.O. Boz 427 Merldlan, Idaho 83842 Te"hong 888 4481 APPROVED: - MAYOR, GRANT P. KINGSFORD s« .�o {{ � �� Yt APPROVED: - MAYOR, GRANT P. KINGSFORD 1 A �r STATE OF IDAHO,) : ss. - -County_ of Ada, ) _ Jack Niemann, City Clerk of the City of Meridian, Ada S I. do hereby certify that the above and foregoing is County_, Idaho, an Ordinance entitled "AN - a true, full and correct copy of 11 2, AND 3 IN BLOCK 2 OF ORDINANCE ANNEXING AND ZONING LOTS PLAT THEREOF FILED IN BOOK 1 A s • STATE OF IDAHO,) : ss. - -County_ of Ada, ) _ Jack Niemann, City Clerk of the City of Meridian, Ada I. do hereby certify that the above and foregoing is County_, Idaho, an Ordinance entitled "AN - a true, full and correct copy of 11 2, AND 3 IN BLOCK 2 OF ORDINANCE ANNEXING AND ZONING LOTS PLAT THEREOF FILED IN BOOK DORIS SUBDIVISION, ACCORDING TO THE COUNTY, IDAHO AND _ 16 OF PLATS AT PAGE 1080, RECORDS OF ADA AND PROVIDINGAN ADJACENT ROAD RIGHT OF -WAY OF FAIRVIEW AVENUE; Y the ty EFFECTIVE DATE", passed as Ordinance No. . day of Council and Mayor_ of the City of Meridian, on the -_ 1989, as the same appears in my -office., , DATED this day of , 1989. - CITY CLERK, CITY OF MERIDIAN - ADA COUNTY, IDAHO STATE OF IDAHO,) County of Ada, ) day of , 1989, before me, On this the undersigned,- a Notary_ Public in and for said State, me to einstrumentthe n appeared Jackt lthe personally is withinwandoforegoing whose name subscribed and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed f icial seal the day and year in this certif icate f irst my of above written. = NOTARY PUBLIC FOR IDAHO _ SEAL __ - RESIDING AT MERIDIAN, IDAHO AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 .y��t,:E"r �"'+,r ( ',k'kyHYr'6 'v *`{g'+, 'h„ }R"e� ��i�&S %ipa#� +ti Y' t }a *a`e �l f I+['YP Y ;,. .. " ..: S ^< egv4 Yr 'u } d, ✓hey h M ' § '5 1 �tf8 Y'a <.'. } Y{.,',i n rig,110W 31; .'.il} }�..'0 h-r!i#y,b d+1 -,. .+it.,#{hk•yr *?.ate 3': ly V r �i ay # Y 44 r! Oil'.! t$'!d " r »t o qg w` '�i .' is P' k } i.,}.'fi t-nF =' S1�"a"dl' ,' ,f 3 r §Y at± Oras *'p 3 hs K 14.; $e at i � bkyy5 Y,d 4 1 J11 �.`y.r+M $ # 1 § S . �W� 0 July 15, 1989 City of Meridian City Council We, Michels & Michels, would like an extension on the conditional annexation of zoning on Lots 1, 2, & 3 of Block 2, Doris Sub, Ada County, Idaho. Thank you. - Steve P. Michels 4�t is } 7.'fry'""W MERIDIAN CITY COUNCIL AUGUST 2, 1988 PAGE # 2 City Clerk: Has he beanona6500dgallon ofwill waterauseage? hookup fee and a monthly charge base City Engineer: Heldnow,s about the double hookup feeich would bbut do no know pbrut the monthly charge based on the 6500 gallons month. This is the monthly treatment fee. Harmon: This is the minimum charge per month unless the waste exceeded that minimum. Mayor Kingsford: We will not have a way to meter if it is more or less as you will not be on City water. The Motion was made by Myers and seconded by Tolsma to approve the connection to the City sewer by Bob Harmon at 2770 N. Ten Mile Road. Motion Carried: All Yea: Item # 3: Request for Extension of Conditional Annexation by Steve Michels: Councilman Tolsma: He talked to me about this and has a lotof people going looking and would like to get this extended. Is there any problem for a two year extension? Mayor Kingsford: I would recommend that maybe we go for a year. The Motion was made by Tolsma and seconded by Myers that a one year extension be granted on the Conditional Annextion of the Michels property. Motion Carried: All Yea: Item #4: Approve Condominium Plat for Brady & Tingy building at 1104-1114 Cherry Lane: Mayor Kingsford: This has to do with their financing structure of this building. Veryl King: I am the engineer for the project and have prepared this plat for them and as the Mayor mentioned this has to do with their financing of the building. The building has been constructed and is now occuppied and they need to have this plat completed in order to obtain their financing. We would request your approval of this plat. Mayor Kingsford: Are there any questions of the Council? Tolsma: In talking to the City Clerk earlier, he advised that there had to be some kind of a declaration made to go with this plat. King: Yes, they have this prepared:a-d.I assumed they had submitted it to the City but evidently they have not, I have a copy of it but it is not signed as yet. We can get that to you. City Attorney: I have not looked at it, I just wonder whether or not it meets the condominium provisions. k. p aa 33 ��ed .sj, MERIDIAN CITY COUNCIL 0 AUGUST 18, 1986 PAGE # 4: Tolsma, Mr. Michels approached me, when we were talking about his conditional annexation & zoning there was not a time limit set on it,_I was reading the resolution and there is reference to time requirements as set forth in Section 11-9-616. It was explained that this was according to the Zoning & Development Ordinance and a , variance would be required to remove this provision. Being no further business to come before the Council the Motion was made by Myers and seconded by Giesler to adjourn at 7:55 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: GRANT KINGSFORD, MAYOR ATTEST: Jack Nie an , City Clerk pc: Ma & Council P& Z Commission Atty, Eng, Police Fire, Mitich, Ward Stuart, Kiebert, Hallett ACRD, NIMD, ACC, CDH,ACZ Valley News, Statesman File (6) Mail (5) MERIDIAN CITY COUNCIL 0 AUGUST 4, 1986 PAGE # 3 Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: The Motion was made by Myers and seconded by Giesler to have the City Attorney draw a Resolution to conditionally Annex and Zone the property described in the application of C & O Construction. Motion Carried: All Yea:. Item #3: Resolution #106: Mayor Kingsford, a Resolution of the City of Meridian, Idaho, providing for the Conditional Annexation and Zoning of Lots 1, 2 and 3 of Block 2, Doris Subdivision, Ada County, Idaho, Is there anyone present who wishes Resolution #106 read in its entirety? There was no response. This is the Michels property. The Motion was made by Myers and seconded by Giesler to approve Resolution #106. Motion Carried: All Yea: Item #4: Pre -Termination Hearing Water/Sewer/Trash Delinquencies: Mayor Kingsford, You have been informed in writing, if you choose to, you have the right to a pre -termination hearing before the Mayor & Council to appear in person to be judged on facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain Counsel: Is there anyone present who wishes a pre -termination hearing? Diana Marcum, 55 East Ada, Account # 60266: Marcum asked for an expla- nation of why the difference in water usage and why her sewer bill for March was higher when she used the same amount of water in June. It was explained to her that we had summer average starting in April. The City Engineer was instructed to investigate this account: Mayor Kingsford, due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on August 12, 1986. In order to have their water turned back on, there will be an additional fee of $10.00: They are hereby informed that they may appeal or have.the decision of the City reviewed by the Fourth Judicial District Court,.pursuant to Idaho Code. Even though they appeal the water will be shut off. The Motion was made by Myers and seconded by Tolsma to approve the turn- off list with the exception of.account # 60266. Motion Carried: All Yea: Mayor Kingsford, the amount of the delinquencies is $4598.00: Item # 5: Approve the Bills: The Motion was made by Tolsma and seconded by Myers to approve payment of the bills: AMBROSE. FITZGERALD &CROOKSTON Attorneys and Counselor$ P.O. Box 427 Meridien. Idaho 83642 Telephone 868401 • • -RESOLUTION NO-1-406-- A O.I®6-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, PROVIDING FOR THE CONDITIONAL ANNEXATION AND ZONING OF LOTS 1, 2 AND 3 OF BLOCK 21 DORIS SUBDIVISION, ADA COUNTY, IDAHO. WHEREAS, the owners of Lots 1, 2 and 3, Block 21 Doris Subdivision have requested that the City of Meridian annex and zone their property, which request has been presented to the City by the owners, hereafter referred to as "Owners"; WHEREAS, it has been requested by the owneri that the land be zoned (C -G) General Retail and Service Commercial; WHEREAS, the City has fully processed the annexation and zoning request and has prepared and adopted the Findings of Fact and Conclusions pertaining to said annexation and zoning; WHEREAS, it is not in the best interest of the City to finally annex and zone.the property until such time as actual development is imminent and apparent; WHEREAS, it is likely development would not occur if possible lenders and builders are not assured of municipal services; WHEREAS, the action of annexation by a City is a legislative function and thus may be conditioned upon certain events or occurrances; and WHEREAS, pursuant to Section 50-222, Idaho Code, annexation means of approval and passage of an can only be accomplished by ordinance; J g P le al 0 3 Y *LTµ. 4 Y ffft,` q1*# sa .. AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 127 Merldisn, Idaho 83812 Telephone 8881/81 0 is 1 r NOW THEREFORE, BE IT RESOLVED BY THE MAY R AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That upon request and payment of a building permit on each lot or upon request and payment of a building permit for all lots inclusive, the City of Meridian shall finally annex, by ordinance, each lot or all lots, so long as said lot or lots are continguous to the City and will zone the lot or lots (C -G) General Retail Service Commercial; that the Applicant and the property must meet the development time requirements set A forth in Section 11-9-616 or be subject to having this Resolution repealed; the Applicant and the property must comply with the Ordinances of the City of Meridian; the property will be subject to site planning review; that upon development the following requirements shall be met: 1) No traffic ingress or egress shall be allowed onto the interior streets within Doris Subdivision, 2) A landscaped buffered area and/or fencing along the adjoining.lot lines of Lot 4, Block 1, and Lot 4, Block 2, shall be provided, and 3) A minimum set back of fifteen (15) feet shall be observed for the location of any building from all adjoining residential lot lines; Section 2. That Lots 1, 2 and 3, Block 2, Doris Subdivision shall be deemed to have been annexed and zoned subject to conditions precedent which shall be those set forth in Section 1 above; Section 3. That if the land is finally annexed by Ordinance, 4 the terms and conditions set forth in Section 1 shall both be attached to the property and shall be personal to the Applicants or any Developers; that the above terms and conditions shall survive the passage of this resolution and any annexation and zoning ordinance; Section 4. That it is the intent of this Resolution that Lots 1, 2 and 3, Block 2, Doris Subdivision be conditionally annexed and zoned by means of this Resolution and that final annexation and zoning would not occur until such time as an Ordinance is passed and approved by the City Council. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this -�-� day of LIS , 1986. APPROVED: NT P. KING 0 , YOR AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 93842 Telephone 80401 s vtF s f 4 rs'' Cl i i' �z r i Wo 7" ` ct IF Fs MERIDIAN CITY COUNCIL • JULY 21, 1986 PAGE # 2 Hallett, we have been discussing that, and I will have to tell right now we are not certain of that. There are a couple of proposals in the works. Brewer, are there any other questions of the Council? There was no response. I will now open the Public Hearing, is there anyone present who wishes to testify in the matter? There was no response, the Public Hearing was closed. Tolsma, has Ada County Highway given you any problem on this, or indicated any problem with vacating State Street? Darrell Leatham, Architect for the School District advised the Council they had been granted a temporary closure of State Street. There was discussion on how Ada County would look at this if bus traffic was allowed through here. Brewer we have kind of got off the issue here tonite as we are dealing with the variance for a setback for the building not the vacation of the street, I am sure we will be able to comment on the street vacation. We should be dealing with either approving the variance request or dis- approving it. City Engineer, I think the one thing that should be thought about, if and I do not forsee any problem with the vacation of the street, if it doesn't and a variance is granted to set it out there, the concern I have is the students going from one school to the other. They will be exiting from the East of the building and going down West State. The City Engineer had drawings of the new building and explained and showed the Council on these drawings what his concerns were, there was more discussion on these items. The Motion was made by Tolsma and seconded by Myers to grant a Variance from the Building Code and the Zoning & Devlopment Ordinance which would allow the Joint School District to construct a building on the North property line on West State Street without the required setback. Motion Carried: All Yea: Item #2s Findings of Fact & Conclusions on Michels request for Annexation .and Zoning: Brewer, is there any questions of the Council on these Findings? There were none. The Motion was made by Tolsma and seconded by Myers the the Meridian City Council hereby adopts and approves the Findings of Fact & Conclusions on the Michels request for Annexation & Zoning. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Tolsma and seconded by Giesler that the Application is hereby approved by the City Council and that Lots 1, 2 & 3 should be conditionally annexed and zoned C -G, General Retail & Service Commercial; that the conditions of annexation shall be as set forth in the Findings and a resolution conditionally annexing and zoning the property shall be prepared: Motion Carried: All Yea: 0 pJ. f' Y ,III it ' III AMBROSE. FITZGERALD BCROOKSTON Attomwa and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 888481 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN MICHELS ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation and zoning application having come on for consideration on July 7, 1986, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicant appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation and zoning use was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 7, 1986, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the July 7, 1986 hearing; that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the Application for Annexation and Zoning is described in the Application-, and by this reference is incorporated herein; that the property is a part of Doris Subdivision, a residential subdivision developed basically in an R-4 fashion; that the property abutts residential lots on the North, Fairview Avenue on the South; some commercial AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counaelam P.O. Box 427 Meddlan, Who 83812 Telephom 888 401 and residential on the East and some commercial lots on the West and consists of approximately three (3) acres of land. 3. Lots 1 and 2 are presently zoned by the county C-2 which is a commercial zone; Lot 3 is zoned R-8 by the county which is a residential zone. 4. When this matter was heard by the Planning and Zoning Commission the protective covenants of Doris Subdivision indicated that all lots in the subdivision were to be used for single-family residences except for those lots and land adjacent to Fairview Avenue and 181 feet north thereof which excluded Lot 3; that at the public hearing held before the City Council the Applicant submitted an amendment to the restrictive covenants which allow Lots 1, 2 and 3 to be used in a commercial fashion subject to certain restrictions, those restrictions being 1) No traffic ingress or egress shall be allowed onto the residential interior streets within Doris Subdivision, 2) A landscaped buffered area and/or fencing along the adjoining lot lines of Lot 4, Block 1, and Lot 4, Block 2, shall be provided when commercial development occurs, and 3) A minimum set back of fifteen (15) feet shall be observed for the location of any building from all adjoining residential lot lines. 5. The lots adjacent to Lot 3 on North and East are used for residential purpose. 6. That the property is adjacent and abutting to the present City limits. �TI r. fie' Hdi r tt �TI AMBROSE, FITZGERALD & CROOKSTON Ariomep end Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 0 7. That -the petitioners are the owners of the property. B. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is in the North Curve Neighborhood as designated on the Policy Diagram contained in the Comprehensive Plan. 10. That the Application for annexation requests that the parcel be annexed and zoned C -G, General Retail and Service Commercial; that there is no present use of the property other than vacant ground; that the Applicant indicated he had no immediate development plans for the property. 11. That the proposed use of the property apparently, would be to develope the property for some type of commercial use. 12. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 13. That the city has in the recent past conditionally annexed and zoned property conditioned upon final platting and commencement of construction of sewer and water and other reasonable conditions. 14. That one owner of a residence abutting Lot 3 of the subject property testified objecting to the use of Lot 3 commercially; a petition was submitted which showed that 23 v: AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Sox 127 Meridian, Idaho 83542 Telephone 8116"1 e residents of the subdivision objected to the use -of Lot 3, Block 2, in a commercial fashion; also a letter signed by six realtors was presented indicating a commercial zoning for Lot 3, Block 2, could tend to devalue the residential property in the subdivision; additionally a letter from the owners of Lot 6, Block 3, was submitted which objected to the annexation and zoning of the entire parcel. 15. That the owner that personally testified indicated that if proper barriers were placed between her lot and the commercial lots such commercial use would not be as objectionable. CONCLUSIONS 1. That the City has authority to annex land pursuant to 50-222, Idaho Code; that excerise of the City's annexation authority is a Legislative function. 2. That the City Council has judged this annexation and zoning application by the guidelines, standards, criteria, and policies contained in Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan as amended February 19, 1985, and the record submitted to it and things of which it can take judicial notice. 3. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances, of the City of Meridian have been compiled with. 4. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Mmidlen,ldaho 83812 Telephone 8884481 r� within the City and State. 5. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 6. That the annexation application has been initiated by the Petitioner, who are the owners, and the annexation is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land. 8. That due to the amended covenants and restrictions of Doris Subdivision all of the proposed parcel could be zoned C -G; that from a review of the amended covenants it is concluded that since owners of more than 50% of lots signed the amended covenants that the amended covenants and restrictions are valid and do remove the prior restrictions on Lot 3 which prohibited the use of that lot in a commercial fashion; it is noted that the subdivision contains 41 lots; that 23 lots were represented on the amendment to the covenants as their owners consenting to the change; that the 50% amendment requirement contained in the original covenants was met. 9. That there were 16 lots represented on the petition and letter objecting to the zoning; a few of those who signed the objecting petition are not lot owners of record, however, most of them were; that this is a significant amount of lot owners who AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselons P.O. Box 427 Merldlan, Idaho 83642 Telephone 8884461 objected; it is also noted that no residential lot.owners who are actually adjacent to the subject property or the existing commercially used lots in the subdivision signed the amendment to the covenants and restrictions. 10. That the Protective Covenants do not restrict or require the City to zoning -or rezoning property in any particular fashion; however, where there are protective covenants which are_ contraryto a proposed zoning or rezoning the City, as a policy, should not disturb the status quo of the allowed uses and put owners in a conflict of use situation that does not otherwise exist; this is true specifically where there are no immediate plans for development and no overriding public benefit to the changed use which is contrary to the Protective Covenants; that when land is purchased in reliance on protective covenants and the justification for any particular restriction remains valid, the City should not adopt a zoning contrary to the restriction unless there is an overriding public benefit; it is concluded the present protective covenants do not in any way, as a policy matter, restrict or impede the city from approving the application, subject however, to any conditions deemed necessary. 11. That the development of annexed land must meet and comply with the ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the applicant should be required to connect to Meridian water and sewer lines and extend such to VM= R, Rl t 6, offll SpF iki' pig T A'�!.' Zz' Z4i•A�4 ' VM= W AMBROSE, FITZGERALD 6 CROOKSTON Attomeysand Counselors P.O. Box 427 Merldtan, Idaho 83842 Telephone 688J481 the development at its own subject to Site Planning Review. r cost; that the property will be 12. That it is concluded that the annexation would be in the best interests of the City of Meridian if the land was going to be immediately developed. 13. Therefore., based on the Application, the testimony and evidence, these Findings and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be conditionally annexed; that Lots 1, 2 and 3 should be conditionally zoned C -G, General Retail and Service Commercial; that the conditions should be as set forth in Finding number 4 and that final annexation and zoning should be completed for each lot only upon request and payment of a building permit on each lot or upon request and payment of a building permit for all lots inclusive; that such annexation would be orderly development and reasonable. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Giesler Councilman Myers Councilman Tolsma Councilman Brewer Voted��i9 Voted Voted Voted i i� fa P 5"A Voted��i9 Voted Voted Voted e Mayor Kingsford (Tie Breaker) Voted DECISION The Application is hereby approved by the City Council that Lots 1, 2 and 3 should be conditionally annexed and zoned C -G, General Retail and Service Commercial; that the conditions of annexation shall be as set forth herein and a resolution condititonally annexing and prepared. MOTION: / APPROVED AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselma P.O. Box 127 Mmldlan, Idaho S M2 Telephone 688.1181 i x�x j*al % r`a M MA Ix q a T.>: t � n t rV vt .. z zoning the property shall be DISAPPROVED j*al % M MA Ix t � ITT , zoning the property shall be DISAPPROVED FOR DORIS SUBDIVISIO IN ADA COUNTY, STATE OF IDAHO. Dated: August_, 1959 Recorded: September 111 1959 Instrument No. 463012 KNOW ALL MEN BY THESE PRESENTS: That I, the undersitned, am the owner and the holder of the title in fee simple of all that certain real estate situated in Ada County, Idaho, particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 6, Township 3 North of Range 1 East of the Boise Meridian in Ada County, Idaho, thence running West 70 rods on south line of Section 6; thence North 80 rods; thence East 70 rods; thence South 80 rods to the place of beginning, except that portion_ thereof included in Deed recorded in Book 131 of Deed at page 56 of the records of Ada County, State of Idaho, and except highway and road rights-of-way. 1. That all of the real property and all lots, parcels, and Portions of'said tract, and any conveyance covering or described all or any part thereof by description, shall be subject to the follow- ing restrictions, protective covenants, and conditions; and that by the acceptance of any conveyance of any property in said tract the grantee or grantees therein and their heirs, executors, administrators, successors or assigns, covenant with the party hereto, his heirs and assigns, and with the other grantees or subsequent owners of property in said tract as to the property so described and conveyed in or by such conveyances as follows: A. All lots in said subdivision shall be known and desceibed as residential lots, and said lots or any part thereof or any structure placed thereon shall not be used for any commercial purpose but the use of said lots shallbe limited solely to residential purposes, except that the portion of said tract fronting on U. S. Highway 30 and 181 feet north thereof can be used for commercial purposes not offensive to residential living. _ b. No buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached, single-family dwelling, not to exceed two and one-half stories in height, and a private garage for not more than three cars, and a shed to house not more than three head of livestock. C. The ground floor area of the main structure exclusive of one-story open probhes and garages, shall not be iess than 1000 square feet, except that houses with bedrooms and other inhabitable rooms in -a so called daylight basement may have no less than 1000 square feet on each upper floor. d. No building shall be located on any lot nearer than 20 feet to the front 16t line, or nearer than 10 feet to any side line. No building shall be located nearer than 10 feet to an interior lot line, except that no side yard shall be required for a garage orother permitted accessory building located 10 feet or more from the minimum building set -back line. No dwelling shall be located on any interior lot nearer than 10 feet to the rear lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of the building, provided, however, that this shall not be con- strued to permit any portion of a building on a lot to encroach upon another lot. CA OWN, Me It ittki + r sfA, r. . : ,k 4 ✓ rf '*# ,�.r as g`� r kA c`5'2 ' i r.46 _0`t R aka �t a t �`mc, d''s 1 qt t � �r fa �i` ." a *, r � egg tip wow c Mr ; �k� w q"-;;i§.. ti �' k 3 x� { a� III FOR DORIS SUBDIVISIO IN ADA COUNTY, STATE OF IDAHO. Dated: August_, 1959 Recorded: September 111 1959 Instrument No. 463012 KNOW ALL MEN BY THESE PRESENTS: That I, the undersitned, am the owner and the holder of the title in fee simple of all that certain real estate situated in Ada County, Idaho, particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 6, Township 3 North of Range 1 East of the Boise Meridian in Ada County, Idaho, thence running West 70 rods on south line of Section 6; thence North 80 rods; thence East 70 rods; thence South 80 rods to the place of beginning, except that portion_ thereof included in Deed recorded in Book 131 of Deed at page 56 of the records of Ada County, State of Idaho, and except highway and road rights-of-way. 1. That all of the real property and all lots, parcels, and Portions of'said tract, and any conveyance covering or described all or any part thereof by description, shall be subject to the follow- ing restrictions, protective covenants, and conditions; and that by the acceptance of any conveyance of any property in said tract the grantee or grantees therein and their heirs, executors, administrators, successors or assigns, covenant with the party hereto, his heirs and assigns, and with the other grantees or subsequent owners of property in said tract as to the property so described and conveyed in or by such conveyances as follows: A. All lots in said subdivision shall be known and desceibed as residential lots, and said lots or any part thereof or any structure placed thereon shall not be used for any commercial purpose but the use of said lots shallbe limited solely to residential purposes, except that the portion of said tract fronting on U. S. Highway 30 and 181 feet north thereof can be used for commercial purposes not offensive to residential living. _ b. No buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached, single-family dwelling, not to exceed two and one-half stories in height, and a private garage for not more than three cars, and a shed to house not more than three head of livestock. C. The ground floor area of the main structure exclusive of one-story open probhes and garages, shall not be iess than 1000 square feet, except that houses with bedrooms and other inhabitable rooms in -a so called daylight basement may have no less than 1000 square feet on each upper floor. d. No building shall be located on any lot nearer than 20 feet to the front 16t line, or nearer than 10 feet to any side line. No building shall be located nearer than 10 feet to an interior lot line, except that no side yard shall be required for a garage orother permitted accessory building located 10 feet or more from the minimum building set -back line. No dwelling shall be located on any interior lot nearer than 10 feet to the rear lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of the building, provided, however, that this shall not be con- strued to permit any portion of a building on a lot to encroach upon another lot. CA OWN, Me It ittki + r sfA, r. . : ,k 4 ✓ rf '*# ,�.r as g`� r kA c`5'2 ' i r.46 _0`t R aka �t a t �`mc, d''s 1 qt t � �r fa �i` ." a *, r � egg tip wow c Mr ; �k� w q"-;;i§.. ti �' r Z - es ► •o e a 3 z a w c) b ro 0 m 0 m o H a o o o s w �wC tr ° o a �• w a o w o n o �+ ti n tr � M rt w rt m J M �K w A 3 m to 3 m 3 ct o o '(D n 7£ rt O a a w 0 W+ a n w t m to m K m 7C O `A Obi m F ° Oro 3~ rt M r•• 'D f.. rt N m �G ' H F+• K G+ N N 0 (�pp (KD O m R W< b K £ K C7 O r* ? M K K N N K O K ° m rt too m �• `� o n a rr �* r N O ° ~. r K act rN+ rt o w t°t o ►� o "• > a o o p, K cD L] A N �' M 1 N rt N E J O ctN N ro K x A w m G+ N .b N ti Im to W 0) C7 �, (DD r K Z 7d K ort rt w N ro n H K O R+ W in 0 G� �! K rt z G) tr O K 9 �•', m O O �< w m A 1-' La Old rt R H' a m ro r� rNN t=J ro t rJ � - 2 p .. p, a ro "• 1r m•rwr rw rt LO ►� Cz) k 0 m t w0c 0 10 a c7 r r 4 PC til O rt tr :S, 0 �in w 64 m ON 0 1 z H En O z v H H O Z cn v b 3 T w �KiCi � n~0r to CID t'J O m N m KCy a mC 0 0ft u' H m az m rt a0 w N � a ro g r C w rt ° H w n M N m O N G rt F Tp c= PSI AM C En H N z H Z 0 i rl zd7� H CL m w r• �' 9 n N b rt a rt rr n a (n w rt F (D O H w rt (n www E p1 (D C3 rt m ° n w rt N p Fj- H C N O N• G � pQ rt m A rt d N O m m p rt w � U) rt rt H W n rt 0 1 z H En O z v H H O Z cn v b 3 T w �KiCi � n~0r to CID t'J O m N m KCy a mC 0 0ft u' H m az m rt a0 w N � a ro g r C w rt ° H w n M N m O N G rt F Tp c= PSI AM C En H N z H Z 0 i • MERIDIAN CITY COUNCIL JULY 7, 1986 Regular Meeting of the .Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Roy Porter, Miriam Barr, Bob Wherry, Kenny Bowers, Ray Mickelson, Steve Michels, Glenn Michels, Terry Smith, Mary Bodine, Wayne Crookston, Dale Ownby, Jackie Davidson, Ronda Lowe, Bob Mitich: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held June 16, 1986 as written: Motion Carried: All Yea: -Item #1: Public Hearing, Annexation & Zoning Request by Steve & Glenn `Michels: Mayor Kingsford, is there someone present to represent this request? Ray Mickelson, 2519 Weaver Circle, Boise, Idaho. Mr Mickelson is a Land Use Planning Consulant. Mickelson, the Michels are requesting annexation and zoning to the City of Meridian, this request has been heard by the Planning & Zoning Commission and they recommended this be approved with the C -G Zoning contingent upon the covenants of the Doris Subdivision allowing this Zoning. Mickelson presented a map to show where this property that was in the request by the Michels was located. I personally contacted --the property owners in the Doris Subdivision and took the information along with the map to show them exactly what was being proposed, the amended covenants were explained to the owners which take a fifty percent majority to be amended. We obtained the necessary signatures to amend the covenants. We obtained 560 of the owners signatures on the amended covenants. Of the 37 property owners,21 signed the amended covenants. This information has been given to the City Attorney to verify that the owners of record did sign and that we did have the required amount of signatures. One emphasis that was placed on the petition to amend the covenants was not only to allow Lot #3 to be Commercial but to put conditions in the covenants regarding this lot, there were three conditions included in the amended covenants (1) no traffic ingress or egress shall be allowed .on to the interior street in Doris Subdivision (2) landscaping buffer area and/or fencing along adjoining lot lines when development occurs, (3) a minimum setback of fifteen feet shall be observed for the location of any building from all adjoining residential lot lines. Mickelson pre- sented the Council a colored plat of Doris Subdivision that showed the location of the property owners who had signed the amended covenants. There is opposition from the property owner to the East and from the property owner to the North and the property owner directly Northeast from Lot #3, they did not sign for the amended covenants. The amended covenants have been recorded with the Ada County Recorder's Office. Many times covenants are in conflict with zoning regulations, at the present time the County Zoning for Doris Subdivision is R-8 which would allow three to eight units per acres, the present covenants would only allow one split of each lot which would not allow as high of density as allowed under the Ada County Zoning Ordinance. The closest Meridian ' MERIDIAN CITY COUNCIL JULY 17, 1986 PAGE # 2 e Zoning would be R-4 and that would allow up to five dwelling units per acre, or five splits of these lots, the covenants would only allow one split of these lots., or two dwelling units per acre. As far as annex- ation goes there is no opposition from the Police or Fire Department and from the Public Works in terms of any problem to service this area. The applicant does not have any development plans at the present time one thing with the ^three lots it would accomodate a large enough area for a planned commercial development. It would be more suited than a strip type development with a narrow lot. The three lots together would be three acres which would be a good block of land. From a Zoning stand- point there are three main thing that should be looked at (1) Public Services, as I mentioned there is adequate service that can be provided by the City of Meridian, (2) the surrounding land uses, there is commer- cial development to the East and to the West, with the restictions im- posed the Commercial is compatible in my judgement with the surrounding land uses, (3) this is in agreement with the Comprehensive Plan, the three acre site would be more suited than strip commercial. Mickelson explained how this met the Comprehensive Plan, citing different pargraphs of the Plan. In the Findings of Fact prepared for the Planning & Zoning Commission they did cite different items as to why this property should be considered for annexation & zoning and the critera met in this regards. It has been brought to our attention that there are petitions and letters in opposition to this request, on letter dated July 3, 1986 signed by Terry McCarthy , property owner to the East of Lot 3, it states in paragraph 2 on page 1 that the covenants were written and approved by the City of Meridian in 1959, they were not written or approved by the City of Meridian, they are private covenants as drafted by the subdivider and recorded without any jurisdiction approval. There is reference to one property owner attempting to refinance his property, that they would not refinance because he was adjacent to commercial property, this property was adjacent to commercial property when orginally financed when it was purchased in 1982, there must be some other reasons involved that they can not refinance. I do not concur with this statement and believe further evidence should be shown if that is the case. In terms of the signatures, there are twenty three signatures on this petition, they are not notorized Signatures 1 & 2 are not owners of record, signature 3 is not owner, signature #12 is only X2 owner, signature #13 & 14 are not owners of record, signature #17 is listed under Ralph Van Papegham as owner of record, there- fore 6 of the 23 are not owners of record. Letter received from Willard Fields commented in opposition to the zoning, the main concern was in- creased traffic in the neighborhood and that has been taken care of in the amended covenants.We have a letter of support from Steven Gregory. There is a letter from ERA City Realty signed by six realtors saying that by changing zoning it would make the sale of the residential property more difficult and devaluing them. Mr. Michels contacted Terry Super one of the signatures on this letter, asking him what his concern might be and his statement was quote, maybe I should go out and look at the property. In summary the Michel's have been very much up front that they do not have a development plan but with annexation and zoning they would have a block of land that would be better suited for development. They have taken the precautions in the amended covenants to place restrict- ions on the property. The people who signed for the amended covenants were advised that there was opposition to the change of zoning. We hope you will support the Planning & Zonings recommendation for the annexation and zoning of C -G for all three lots. A Yv Sx R 4 xY �tl k s C4ti4'r ' MERIDIAN CITY COUNCIL JULY 17, 1986 PAGE # 2 e Zoning would be R-4 and that would allow up to five dwelling units per acre, or five splits of these lots, the covenants would only allow one split of these lots., or two dwelling units per acre. As far as annex- ation goes there is no opposition from the Police or Fire Department and from the Public Works in terms of any problem to service this area. The applicant does not have any development plans at the present time one thing with the ^three lots it would accomodate a large enough area for a planned commercial development. It would be more suited than a strip type development with a narrow lot. The three lots together would be three acres which would be a good block of land. From a Zoning stand- point there are three main thing that should be looked at (1) Public Services, as I mentioned there is adequate service that can be provided by the City of Meridian, (2) the surrounding land uses, there is commer- cial development to the East and to the West, with the restictions im- posed the Commercial is compatible in my judgement with the surrounding land uses, (3) this is in agreement with the Comprehensive Plan, the three acre site would be more suited than strip commercial. Mickelson explained how this met the Comprehensive Plan, citing different pargraphs of the Plan. In the Findings of Fact prepared for the Planning & Zoning Commission they did cite different items as to why this property should be considered for annexation & zoning and the critera met in this regards. It has been brought to our attention that there are petitions and letters in opposition to this request, on letter dated July 3, 1986 signed by Terry McCarthy , property owner to the East of Lot 3, it states in paragraph 2 on page 1 that the covenants were written and approved by the City of Meridian in 1959, they were not written or approved by the City of Meridian, they are private covenants as drafted by the subdivider and recorded without any jurisdiction approval. There is reference to one property owner attempting to refinance his property, that they would not refinance because he was adjacent to commercial property, this property was adjacent to commercial property when orginally financed when it was purchased in 1982, there must be some other reasons involved that they can not refinance. I do not concur with this statement and believe further evidence should be shown if that is the case. In terms of the signatures, there are twenty three signatures on this petition, they are not notorized Signatures 1 & 2 are not owners of record, signature 3 is not owner, signature #12 is only X2 owner, signature #13 & 14 are not owners of record, signature #17 is listed under Ralph Van Papegham as owner of record, there- fore 6 of the 23 are not owners of record. Letter received from Willard Fields commented in opposition to the zoning, the main concern was in- creased traffic in the neighborhood and that has been taken care of in the amended covenants.We have a letter of support from Steven Gregory. There is a letter from ERA City Realty signed by six realtors saying that by changing zoning it would make the sale of the residential property more difficult and devaluing them. Mr. Michels contacted Terry Super one of the signatures on this letter, asking him what his concern might be and his statement was quote, maybe I should go out and look at the property. In summary the Michel's have been very much up front that they do not have a development plan but with annexation and zoning they would have a block of land that would be better suited for development. They have taken the precautions in the amended covenants to place restrict- ions on the property. The people who signed for the amended covenants were advised that there was opposition to the change of zoning. We hope you will support the Planning & Zonings recommendation for the annexation and zoning of C -G for all three lots. w Yv Sx R 4 xY MERIDIAN CITY COUNCIL JULY 7, 1986 PAGE # 4 L and it makes a nice package. It will make the residential property worth more if this is approved. Mayor Kingsford, anyone else present who wishes to give testimony? There was no response. The Public Hearing was closed. Counselor, do you think there has been sufficient new testimony to require new Findings? City Attorney, yes, there has, the additional testimony will have to be shown on the record. Mayor Kingsford, the Council will need to instruct the Attorney to prepare new Findings. It would be my recommendation that if the Council approves this request that it be done conditionally, we have a lot of land already annexed and zoned in the City Limits. This could be done conditionally until the time the applicant has a development plan for the property. Tolsma, Ms. Davidson, when the rezone request for the property to the West of you came up, were you for or against that? Davidson, I would rather have it residential. I did not get involved in that request. Tolsma, if the property had design so there was a barrier such as trees, shurbs or six foot high wood fence would that make a difference? Davidson, if that is what would happen. Tolsma, the City would have control over this. Davidson, the commercial along the front are supposed to do that but they put up six foot high chain link fence which really does not screen their property. Brewer, I think this has been handled very professional by the applicants and I think it would improve the area, I would rather live next to nice fence or a nice designed burm or something on that order, that would be part of the conditions that would be left in the annexation with the City, control with the City to take place. Myers, I agree on the conditional annexation because of the other property we already have. I think growth is good as long as it is controlled and if we put restrictions on this it is going to be done right or we are not going to approve the development. The Motion was made by Tolsma and seconded by Brewer to have the City Attorney prepare Findings of Fact and Conclusions on the request for annexation and zoning by Steve and Glenn Michels: Motion Carried: All Yea: Item #2: Pre -Termination Hearing Water/Sewer/ Trash Delinquencies: Mayor Kingsford, You have been informed in writing, if you choose to, you have the right to a pre -termination hearing before the Mayor & Council, to appear in person to be judged on facts and defend the claim made by the City that your water sewer and trash bill is delinquent. You may retain Counsel: Is there anyone in the audience who wishes a pre -termination SDORIS SUB PROPERTY OWNERS Adrian C. Mansayon & cheri L. Corder Lot 1 Block 1 Doris Sub 1555 Carol Meridian, Idaho 83642 Gwin Barry & Elizabeth A. Barry 1515 Carol Meridian, Idaho 83642 Steven G. Gregory 1921 N. 33rd Boise, Idaho 83703 Joseph Dealy & Idean Dealy 3725 N. Maple Grove Boise, Idaho 83704 Gregory & Terry McCarthy 1385 Carol Meridian, Idaho 83642 Marren E. Sally Ann Shephard X216Glenridge View !Boise, Idaho 83704 Brent & Launa B. Sarrus 5720 W. Overland i Mer- idian, Idaho 83642 Michels &- htichels {1630 E. Paradise Ln. Meridian, Idaho 8.3642 Larry & Jacquilyn Davidson 1745 W. Carol Meridian, Idaho 83642 William.& Marge Busco 1853 W. Carol Meridian, Idaho 83642 Zoe Ann M. Bicandi 1845 W. Carol Meridian, Idaho 83642 `Mar4aret E. Hurt ; 4935 W. Carol Mer idian, Idaho 8,3642 Francis L. & Eileen R. Demond 11975 W. Carol ;Meridian, Idaho 33642 John M. & Gail M. Creason Box .334 Donnelly, Idaho 83651 .games M. L Mary C. Jensen ------------ Bo:t 1 Ner• ' i d � - an, Idaho --S3642 ,�a•642 � a Lot 2 Block i Doris Sub Lot 3 Block 1 Doris Sub Parcel #001:' Lot 3 Block 1 Doris Sub Parcel ##0021 Lot 4 Block 1 Doris Sub Lot 5 Block 1 Doris Sub Lot 6 Block 1 Doris Sub Lot 7 Block 1 Doris Sub Lot 8 Block 1 Doris Sub Lot i Block 2 Doris Sub Lot 2 Block 2 Doris Sub Lot 3 Block 2 Doris Sub Lot 4 Block 2 Doris Sub Lot 5 Block 2 Doris Sub (1/2 of lot 5) Lot 5 Block 2'Doris Sub (1/2 of lot 5) Lot 6 Block 2 Doris Sub Lot 7 Block 2 Doris Sub Lot 8 Block 2 Doris Sub Lot 9 Block 2 Doris Su Q�1 ,a" ari i III I � Keith & Mary ShumtiaS 1370 Carol Meridian, Idaho 33642 James Burt' X870 W. Carol Aeridian4 Idaho 33642 Chester & Loraine Hozac 2070 N. Locust Grove Meridian, Idaho 33642 Marilyn R. Bentley 1980 W. Carol Meridian, Idaho 33642 ,W -i-11 is A. L Veo1a Jo Blaine `11670 Peconic Drive lBoise, Idaho 83642__ Verr, H. & Emma M. Stillveell ,1910 E. Carol' Meridian, Idaho 8.3642 --. Dorothy J. f-taumann 1905 Carol - - Meridian, Idaho 83642 :Keith Whitti� 1875 E. Carol Meridian, Idaho 37,642 Helen Harris 1335 E. Carol Meridian, Idaho 33642 Perry L. & Terri Chase 1404 Carol Meridian, Idaho 33642 Willard & Bertha Fields Boa 234 Meridian, Idaho 83642 pa1ph J. VanPeapegham 4490 Carol; 'Meridian, Idaho 83642 Raymond C. �4 Mildred'J. Kleier !1872 E. Carol, Meridian; Idaho 53642 ("k)iiliam B. Wylie `;1930 E. ,Carol - Meridian, Idaho 83642 Eileen Allison 11935 E. Carol' Meridian, Idaho 83642 i � x Lot 1 Bek 3 Doris Sub; Lot 2 Block 3 Doris Sub (North 1/2 of lot 2) Lot 2 Block 3 Doris Sub (South 1/2 of lot 2) Lot 3 Block 3 Doris Sub (North 1/2 of lot 3) Lot 3 Block 3 Doris Sub (south 1/2 of lot 3) Lot 4 Block 3 Doris Sub (North 1/2 of lot 4) Lot 4 Block 3 Doris Sub (South 1/2 of lot 4) Lot 5 Block 3 Doris Sub (North 1/2 of lot 5) Lot 5 Block 3 Doris Sub (south 1/2 of lot 5) Lot 6 Block 3 Doris Sub (1/2 of lot 6) Lot 6 Block 3 Doris sub (1/2 of lot 6) Lot 1 Block 4 Doris Sub Lot 2 Block 4 Doris Sub Lot 3 Block 4 Doris Sub (North 1/2 of lot 3) Lot 3 Block Doris Sub (south 1/2 of lot 3) FIT �f fi °,i A + f, 0 LJ TO THE MERIDIAN CITY COUNSEL FROM GREGORY E. & TERRY T. MCCARTHY 1385 CAROL STREET, MERIDIAN, ID IN RE: PUBLIC HEARING ON GLEN & STEVE MICHELS APPLICATION SCHEDULED FOR MONDAY, JULY 7, 1986. The property that is the subject of the public hearing is located at Lots 1, 2, and 3, Block 2 of Doris Subdivision, Meridian, ID. Our home is located at Lot 4, Block 1 of Doris Subdivision. The west boundary of our property is adjacent to the east boundary of Lot 3 0 f the subject property. Our home was built in 1972 by Ted Hepper. The property immediately to the north of the subject property has a home on it that was built in 1973. purchased the subject Steve and Glen Michels Warranty Deed indicates that they property in March of 1974. (Attachment A) roved by the City of The covenants of Doris Subdivision were written and app Meridian in 1959. They provided that lots adjacent to Highway 30 (Fairview Avenue) could be used as commercial lots and the rest of the lots were to be single family residential lots not smaller than one half b acre di n siZededsmaller 1961 the covenants were amended to say that no lot could than one half of its original size. (Attachment B) application of We have absolutely no objection to the annexation and zoning app Mssrs. Michels as it relates to Lots 1 and 2• remain zoned R-8. It is our strong desire and request that Lot 3, if annexed, As yet the Michels have made no indication of what type of business they or their intended buyrers have in mind for the subject property. Just recently an individual who lives in one of the residences in Block 1 e was attempted to refinance his home, but was told that because ad- jacent to commercial property, the bank could not lend him the money he sought. This tells us that if we have commercial property on two ttides of ts to we better not plan on making any a p us, the south and west sides, ed significantly sell or refinance our home because the value will have dropp g from when we purchased it in 1982. Please consider that Mssrs. Michels purchased the lots in questionafter rr st 3 had homes on two of its adjacent properties. They knew that Lot 3 was idential lot when they purchased it. In the testimony at the Planning and Zoning Meeting of May 12, 1986, Verl Roberts, a Real Estate Broker,speaking .ted that the "property is joined on two sides on behalf of Mssrs. Michels st by commercial property now and to find someone to build on it now is going to be very difficult.." The applicants see their alternative to be one which we as homeowners in a nice middle to upper middle class subdivision find offensive and detrimental to our property values and quality of life. Neither Steve nor Glen Michels lives in Doris Subdivision so they will not feel any of the adverse effects of the commercialization of Lot 3. The Meridian School District is in the process of building a new high school, and we understand that plans are being considered for replacement of Meridian , realtors will Intermediate School. With these changes in the school system be more willing to show potential buyers property in the School District. It would seem highly likely that if Mssrs. Michels either built a business on Lots 1 and 2 of their property that was not offensive to residential life, or sold Lots 1 and 2 to someone who would build such a business then subsequently they could quite easily find residential buyers for Lot 3• Please consider how each of you would be affected if one of the lots within your own subdivisions was changed to a commercial lot. e' Ew�—:-Y �.� ,�i,lt:.l�`''►�--'�.�G� ��".��2r��.� ,�,�� `7�"c!�-�+�''�—' Gregory $. McCarthy +f o"c xa e� s L Y E , Terry T. cCarthy %- 3 -goo Date x °45 A yy x NO -• WARRANTY DEED F For Value Received VIVIAN DAVENPORT and GRACE R. DAVENPORT, husband h and wife16 ` the grantors , do hereby grant, bargain, sell and convey unto STEVE P. MICHELS and MARY E. MICHELS, husband and wife, and GLENN E. MICHELS and VIDA A. MICHELS, husband and wife, as tenants in common, Route 12, Paratise r Lane, Meridian, Idaho Ada County Idaho, to reit; N the grantees the following described premier k Lots 1, 2 and 3 in Block 2 of Doris Subdivision, according to the plat thereof filed in Book 16 of plats at page 1060, records of Ada County, Idaho.. b: F t 1 3 p S f T HOLD the said p►emises, with their appurtenances unto the said Grantees O TO HAVE A11 . to and their heirs and assigns forever. And the .,aid Grantors du berebp covenant tth the said Grantees ,that they are the owner s in fee simple of said premises; that acid forth free from rill incumbrances and restrictions except for those set t,,. ;,,i.e• .u. in the Title Insurance Corporations commitment for title insurance case tC-30977 policy #BA124010 schedule B, Section 2 thereof, t3,t• y will walmnt and defend the Bamr fmm ..11 la�%'ful claims whut;oecer. ...I +i..,• 1 II •1 , 10,17 - •A yv L GRACE R. DAVENPORT .iH++. t )LINTY F h ST 1TF. (IF' tUv i F ft 11aH+t. t r+I'X71 OF ADA % •t,, .•! .i r.�i • 1 h-W-) c.rnfa that th net^r r..t waS fi;'d for "o rd at *"7K r•• t .a,-y p.U,,u. std [,.r .aid <tn�.• 1... .r... � the r-,+,.,t � -,2 t ; a. T r r ue. p.. F I tt'day of VI.JIAN D?1VE:+PUfti•.,and " .l and duly i+rorded ,n B � `/. cF':cr_ ENFOX'1'• husband !� m ^'• n!F.e. z • •,f i-.da at page and C rwies are MARE.'= A. PLAyTIN-: ,,;t _ . �..t .r, the ••+tr'tkT nnM^1r.t. ar..f a.knnul.dcai t,. E><•Gfhe,o Rceardrr aRerutad the sarn• FJLQWNIJ� RESTRICTIVE AND PROTECTIVE COVENANTS FOR DORIS SUBDIVISION IN ADA COUNTY, STATE OF IDAHO. Dated: August_, 1959 Recorded: September 111 1959 Instrument No. 463012 KNOW ALL MEN BY THESE PRESENTS: That I, the undersigned, am the owner and the holder of the title in fee simple of all that certain real estate situated in Ada County, Idaho, particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 6, Township 3 North of Range 1 East of the Boise Meridian n soh line in Ada County, Idaho, thence running gthest 70 rods 70orodsutthence of Section 6; thence North $0 rods; South 80 rods to the place of beginning, except that portion thereof included in Deed recorded in Book 131 of Deed at page 56 of the records of Ada County, State of Idaho, and except highway and road rights-of-way. 1. That all of _the, real property and all lots, parcels, and covering or described all portions of said tract, and any conveyance or any part thereof by description, shall be subject to the follow- ing restrictions, protective covenants, and conditions; and that by the acceptance of any conveyance of any property in said tract the grantee or grantees therein and their heirs, executors, administrators, successors or assigns, covenant with the party hereto, his heirs and assigns, and with the other grantees or subsequent owners of property in said tract as to the property so described and conveyed in or by such conveyances as follows: A. All lots in said subdivision shall be known and desceibed as residential lots, and said lots or any part thereof or any structure placed thereon shall not be used for any commercial purpose but the use of said lots shillbe limited solely to residential purposes, except that the portion of said tract fronting on U. S. Highway 30 and 1$1 feet north thereof can be used for commercial purposes not offensive to residential living. b. No buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached, single-family dwelling, not to exceed two and one-half stories in height, and a private garage for not more than three cars, and a shed to house not more than three head of livestock. c. The ground floor area of the main structure exclusive of one-story open probhes and garages, shall not be iess than 1000 square feet, ekcept that houses with bedrooms and other inhabitable rooms in a so called daylight basement may have no less than 1000 square feet on each upper floor. d. No building shall be located on any lot nearer than 20 feet to the front 16t line, or nearer than 10 feet to any side line. No building shall be located nearer than 10 feet to an interior lot line, except that no side yard shall be required for a garage orother permitted accessory building located 10 feet or more from the minimum building set -back line. No dwelling shall be located on any interior lot nearer than 10 feet to the rear lot line. For the purpose of this covenant, eaves steps, and open porches shall not be considered as a part of the building, provided, however, that this shall not be con- strued to permit any portion of a building on a lot to encroach upon another lot. sc r n� 3 eas c r : y. ft ?y4 � t «L , Rp 0.. z t) 5 s �:S'vm Ic>. ,r ^` s r-, , ¢nw 41 �,��as6� , 6 a'- il, Ftp :x r f R tm F 40 no Y 4 r a r, 3S„ Si k fz 21 %31 IM 0 A Page 2 - Instrument -No. 463012 • e. No lot shall be resubdivided nor shall any dwelling be erected or. placed on any lot having an area of less than J acre. f. Easements for installation and maintenance of utilities and drainage facilities are reserved for location at any suitaole place in said tract. g. No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon w'-,ich may be or may become an annoyance or nusiance to the neighborhood. h. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot any tiownersas aactualresidence buildingeither residencestemporarily canooccupya except that temporary �a living facilities for not more than one year. i. No animals, livestock or poultry or any kind shall be raised, bred or kept on any tract, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial•purpose, and except that not more than 3 head of livestock may be kept so long as their keeping is not offensive to other residents. j. No tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the stprage or disposal of such material shall be kept in a clean and sanitary condition. k. All sewage disposal systems shall be constructed in compliance with the standards of the Department of Public Health, both State and County. 2. These covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them for a period of five years from the date of these covenants are recorded, after which time said covenants shall be automatically extended for successive periods ownerrs off 10 the lotsshasunless beenarecorded, agreeingsigned toymajority of the then chang said covenants in whole or in part. 3. If the parties hereto or any of them or their heirs or assigns or persons claiming under or through them or any other person, whether such person be the owner of any property in said tract or not, shall violate any of the covenants herein it shall be,lawful for any other person or persons owning any real property situated in said.tract to prosecute any proceedings at law or in eq�zity against the person or persons violating or attempting to violate any such covenant and either to prevent him or there from so doing or r.o recover damages for such violation. of court 4. Invalidation of any one of thee:. covenants by judgment order shall in no wise affect any of the other provisions which shall remain in full force and effect. �M d fa F f k� F t.� x "}'es 0 A Page 2 - Instrument -No. 463012 • e. No lot shall be resubdivided nor shall any dwelling be erected or. placed on any lot having an area of less than J acre. f. Easements for installation and maintenance of utilities and drainage facilities are reserved for location at any suitaole place in said tract. g. No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon w'-,ich may be or may become an annoyance or nusiance to the neighborhood. h. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot any tiownersas aactualresidence buildingeither residencestemporarily canooccupya except that temporary �a living facilities for not more than one year. i. No animals, livestock or poultry or any kind shall be raised, bred or kept on any tract, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial•purpose, and except that not more than 3 head of livestock may be kept so long as their keeping is not offensive to other residents. j. No tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the stprage or disposal of such material shall be kept in a clean and sanitary condition. k. All sewage disposal systems shall be constructed in compliance with the standards of the Department of Public Health, both State and County. 2. These covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them for a period of five years from the date of these covenants are recorded, after which time said covenants shall be automatically extended for successive periods ownerrs off 10 the lotsshasunless beenarecorded, agreeingsigned toymajority of the then chang said covenants in whole or in part. 3. If the parties hereto or any of them or their heirs or assigns or persons claiming under or through them or any other person, whether such person be the owner of any property in said tract or not, shall violate any of the covenants herein it shall be,lawful for any other person or persons owning any real property situated in said.tract to prosecute any proceedings at law or in eq�zity against the person or persons violating or attempting to violate any such covenant and either to prevent him or there from so doing or r.o recover damages for such violation. of court 4. Invalidation of any one of thee:. covenants by judgment order shall in no wise affect any of the other provisions which shall remain in full force and effect. x.. /CeI/OdV 0 AND AMENDMENT AND MODIFICATION IOF R SIONES COVENANTS FOR DORIS IhIADAVCOUNTYPRSTATE IOF IDAHO Dated March 7, 1961 Recorded March 7, 1961 - Instrument No. 49$227 KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned, do hereby certify and declare:yyof all that 1. That we are collectiveln -the owners ildaho,n fee spart3cularly described certain real estate situated i Ada County, as follows, to -wit: Commencing at the Southeast cornfrRan of e l EasthofstheuBoise of Section 6, Township 3 North o g =' West Meridian, in Ada County, Idaho, thencerunning thenceOEasts on south line of Section 6; thence Northrrods; 70 rods; thence South 80 rods to theplace of biniBookgt except that portion thereof included in Deed 1 of Deeds at page 56 of the records of Ada awCounty, State of Idaho, and except highway and -road 2. That we have heretofore made, executed, adopted and filed for record in the office of the Ada-CouretrictiveRecorder and protectiveecove- 1959 under Instrument No. 463012,e nants for said Doris Subdivision, to which reference is hereby made. 3. That is is necessary that said restrictive andmerotectiveby covenants for Doris Subdivision be amendeddthe amended and modified in the following respects: a. Paragraph lb is hereby amended to read as follows: "No buildings shall be erected, altered, placed r fitted to rremain on any lot other than one detached, single-family and a private not to exceed two and and one-half carsatandes in a shedetohhouse not more than garage for not more than three , three head of livestock, all to be constructed of new material." b. Paragraph le is hereby amended to read as follows: "No lot shall be resubdivided no shall any dthelsizebofetheted or placed on any lot having an area of less than present platted lots." That that restrictive and d protective covenants for Doris Sub - mended b division hereinEefore referred to as modifias the nd protective ands in- strument are hereby reaffirmed and adopted P restrictive covenants for said subdivnants andsioathisn in damendment and ance with all the terms contained in said original covenants modification thereof. John Arambarri William S. Brown John 1%. Riddlemoser Karen John !°�. Creason M. Brown Mildred Riddlemoser Gail M. Creason Acknowledged by John Arambarri, a widower, W. S. Brown and Karen M. Brown, husband and wife, John C. Riddla�daer Gailand M.Mildred Creasong husbandRiddlemoser, husband and wife, and John M. Creason and wife, before H. 0. Frost N.P. for Idaho, Residing at Meridian, Ack. in Ada County, Idaho. SEAL) 1 RPM a n t ' 's ; s x m �(z$tm�. $ `Y �t �^.nKrA n y5r is ' ,14 #fir �''W 'sur Asa 14 t T iw' Sk gd-s f .°F "�,-< „a re >t -a;•` ." i< _ a,i -,4.at�' „y x c un fi x -'tta s • is ' " { x.<. §:.,. yq i>a� y�z . .w c 4 o r, i £. a Ps e ctir #`»'tr"�'� -,cp,g '' ,t #° 4=i i;'., ` "ass ,`3', 4 s r t > Ea x 3 p=:h hA-W.'O vx�.x"�f. #$t< 7 t 4 € t t R 2 rl k ,fir �.r S„ .. { ✓r . , � v �a=...,t ts.� lx C d ,1, a an+ r AOr ,5xs°i«?xwgr53yty„zS°s.F n 4 I t'S x.. /CeI/OdV 0 AND AMENDMENT AND MODIFICATION IOF R SIONES COVENANTS FOR DORIS IhIADAVCOUNTYPRSTATE IOF IDAHO Dated March 7, 1961 Recorded March 7, 1961 - Instrument No. 49$227 KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned, do hereby certify and declare:yyof all that 1. That we are collectiveln -the owners ildaho,n fee spart3cularly described certain real estate situated i Ada County, as follows, to -wit: Commencing at the Southeast cornfrRan of e l EasthofstheuBoise of Section 6, Township 3 North o g =' West Meridian, in Ada County, Idaho, thencerunning thenceOEasts on south line of Section 6; thence Northrrods; 70 rods; thence South 80 rods to theplace of biniBookgt except that portion thereof included in Deed 1 of Deeds at page 56 of the records of Ada awCounty, State of Idaho, and except highway and -road 2. That we have heretofore made, executed, adopted and filed for record in the office of the Ada-CouretrictiveRecorder and protectiveecove- 1959 under Instrument No. 463012,e nants for said Doris Subdivision, to which reference is hereby made. 3. That is is necessary that said restrictive andmerotectiveby covenants for Doris Subdivision be amendeddthe amended and modified in the following respects: a. Paragraph lb is hereby amended to read as follows: "No buildings shall be erected, altered, placed r fitted to rremain on any lot other than one detached, single-family and a private not to exceed two and and one-half carsatandes in a shedetohhouse not more than garage for not more than three , three head of livestock, all to be constructed of new material." b. Paragraph le is hereby amended to read as follows: "No lot shall be resubdivided no shall any dthelsizebofetheted or placed on any lot having an area of less than present platted lots." That that restrictive and d protective covenants for Doris Sub - mended b division hereinEefore referred to as modifias the nd protective ands in- strument are hereby reaffirmed and adopted P restrictive covenants for said subdivnants andsioathisn in damendment and ance with all the terms contained in said original covenants modification thereof. John Arambarri William S. Brown John 1%. Riddlemoser Karen John !°�. Creason M. Brown Mildred Riddlemoser Gail M. Creason Acknowledged by John Arambarri, a widower, W. S. Brown and Karen M. Brown, husband and wife, John C. Riddla�daer Gailand M.Mildred Creasong husbandRiddlemoser, husband and wife, and John M. Creason and wife, before H. 0. Frost N.P. for Idaho, Residing at Meridian, Ack. in Ada County, Idaho. SEAL) 1 RPM a n t ' 's ; s x m �(z$tm�. $ `Y �t �^.nKrA n y5r is ' ,14 #fir �''W 'sur Asa 14 t T iw' Sk gd-s f .°F "�,-< „a re >t -a;•` ." i< _ a,i -,4.at�' „y x c un fi x -'tta s • is ' " { x.<. §:.,. yq i>a� y�z . .w c 4 o r, i £. a Ps e ctir #`»'tr"�'� -,cp,g '' ,t #° 4=i i;'., ` "ass ,`3', 4 s r t > Ea x 3 p=:h hA-W.'O vx�.x"�f. #$t< 7 t 4 € t t R 2 rl k ,fir �.r S„ .. { ✓r . , � v �a=...,t ts.� lx C d ,1, a an+ r AOr ,5xs°i«?xwgr53yty„zS°s.F n �\. ������ ? : � � � � � � : � \�� � � � � � � � � � \.� � � »� � � � � � . » ��g � � � � <� � \:� ���������\� � \�� � 2 ?� ���������/�� ERA CITY REALTY June 30, 1936 TO WHOM IT MAY CONCERNS It is our opinion that changing zoning on Lot#3, Block 2, of Doris Subdivision in Ada County, to commercial, could effect the other residential property in this subdivision by -being instrumental in making a sale more difficult and devaluing them. Sincerely, Realtor i Realtor Realtor Realtor Realtor Realtor 7272 POTOMAC • BOISE, IDAHO 83704. 208-377-2121 "Each office independently owned and operated" UVt 0 ML �A e e Steven Gregory 1921 North 33rd Boise, ID 83703 Sk 15 May 1986 City Hall 728 Meridian Meridian, ID CIAL DORIS SUB, (MICHELS & MICHELS) CONCERNING ZONING COMMER Dear Mayor and City Councilmen I am in favor of allowing the zoning change on the residential lot as long as they do not have commercial traffic -access off Carol Street. should be required to extend city sewer and I do feel they as property is an - water in to Carolorderlt growthfor ure growth, nexed to promote y Sincerely PROPERTY OWNER IN DORIS SUB 7 Steven G. Gregory Em xr s �t t :fr r x k m, rM y ML �A e e Steven Gregory 1921 North 33rd Boise, ID 83703 Sk 15 May 1986 City Hall 728 Meridian Meridian, ID CIAL DORIS SUB, (MICHELS & MICHELS) CONCERNING ZONING COMMER Dear Mayor and City Councilmen I am in favor of allowing the zoning change on the residential lot as long as they do not have commercial traffic -access off Carol Street. should be required to extend city sewer and I do feel they as property is an - water in to Carolorderlt growthfor ure growth, nexed to promote y Sincerely PROPERTY OWNER IN DORIS SUB 7 Steven G. Gregory Em 0 0 compatible land use development and adequate separation between commerical and residential land uses the following restrictions apply to the development of Lot 3, Block 2: (1) No traffic ingress or egress shall be allowed onto the residential interior streets within Doris Subdivision. (2) A landscaped buffered area and/or fencing along the adjoining lot lines of Lot 4, Block 1 and Lot 4, Block 2 shall be provided when commerical development occurs. (3) A minimum set back of fifteen (15) feet shall be observed for the location of any building from all adjoining residential lot lines. All other provisions of the restrictive and protective covenants of Doris Subdivision are hereby ratified and remain in full force and effect. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on the dates set forth after their respective names: Owner of Real Property Lot/Block within Date Doris Subdivision Signed t x� V Oki ,ate �_. 0 0 compatible land use development and adequate separation between commerical and residential land uses the following restrictions apply to the development of Lot 3, Block 2: (1) No traffic ingress or egress shall be allowed onto the residential interior streets within Doris Subdivision. (2) A landscaped buffered area and/or fencing along the adjoining lot lines of Lot 4, Block 1 and Lot 4, Block 2 shall be provided when commerical development occurs. (3) A minimum set back of fifteen (15) feet shall be observed for the location of any building from all adjoining residential lot lines. All other provisions of the restrictive and protective covenants of Doris Subdivision are hereby ratified and remain in full force and effect. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on the dates set forth after their respective names: Owner of Real Property Lot/Block within Date Doris Subdivision Signed i A U } I s ME AL r lz--ro li1-!�'t k S'/z �o L//�/� �✓ - t l5 � t 4 a � � � 4 1 y t t � u r } I s ME AL r lz--ro li1-!�'t S'/z �o L//�/� �✓ - } I s ME STATE OF IDAHO ) ss: County of Ada ) On this 29th day of May, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Brent E. Barrus and Luana B. Barrus; Warren E. Shepard and Sally Ann Shepard; Glenn E. Michels and Vida A. Michels; Steve Michels and Mary E. Michels;Benton K. Wetzel and Sandra J. Wetzel; Raymond C. Kleier and Mildred I. Kleier, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wri tten . C—Z2�r— - . ) L' NOTARY PUBLIC for Idaho r t Residing at Boise, Idaho W. h r a,4._, .. { L x } 24 § J y�+a�x irk Em d? M STATE OF IDAHO ) ss: County of Ada ) On this 3rd day of June, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared James C. Burt; Margaret Murray and Lloyd W. Murray; Vern H. Stilwell and Emma M. Stilwell; Eileen Allison; Raphp J. Van Paepeghem; Richard H. Bross and Thelma J. Bross; Viola Blaine and Willis A. Blaine known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same. 0 rIN WITNESS WHEREOF, I have hereunto set my hand r•' -,*d afi#,ed my official seal the day and yea first above writ��n. NOTARY PUBLIC for Idaho Residing at Boise, Idaho STATE OF IDAHO ) ss: County of Ada ) On this 4th day of June, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Davis; Robert Moore and Jean Moore; Margaret E. Hurt; and Dorothy J. Haumann known to me to be the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and y ar first above written. - n r RY PUBLIC for Idah Residing at Boise Idaho + J=" y € gq 14 .C`re �M`1+ {i. lY��} :�'�'f "m�`Y [S��HY�. F�45� i�.� k�hN���� • y NU MAI 7 a� oaTE ST NOTICE i, Boom ZNpIl4T�E� a RETURN a 7 r;,:::� s .......... r STEVE & GLENN MICHELS ANNEXATION & ZONING REQUEST COMMENTS 1. Ada County Highway District: See Attached: 2. Central District Health: Can approve with central sewer & Water: Runoff not to create a mosquito breeding problem; 3. City Engineer: See Attached: 4. Police Chief: No objections or comments at this time: 5. .Earl Ward, Sewer Supt.: Nearest sewer is located at Jericho Road. Extension would be required. 6. No Comments from Irrigation District as yet. 7. Public Hearing before the Planning & Zoning Commission held May 12 1986, Planning and Zoning Commission instructed City Attorney to prepare Findings of Fact & Conclusions: h 8. Planning & Zoning Meeting held June 9, 1986, Commission approved & adopted Findings of Fact & Conclusion and recommended that this request be approved provided that the covenants of the Doris Subdivision are amended to allow Lot #3 to be zoned Commercial, that the Council should investigate and discuss conditions for annexation. 9. Copy of letter in favor of this request from Steven Gregory: 10. Copy of amended and recorded covenants for Doris Subdivision: M 71 4-1 { I or. z N F z U) y U H f4 - p $ � F O ° W y C 0 8 N w Z E-4 awl � x N .a 41> 3 � o C M O -4 N 41� b N 7 b •En+�+ c0i H 3 y ..4 W � ca � H a 0 'd a, r1 C Q C � ,� w 0 O O w Dm m-4 � Ul a m y N 0 b Ht64 w m z a N O a°A" 0 O ren Z o C O N a z ;A3a ,d -4 �+mm'� w E- 4 C C y U 'O $4 ro - p $ � F W y C 0 8 y ro w A E-4 awl O N _ b 41> ► N .�•� rl C r a O -4 N 41� H O a ► o 3 y ..4 W � ca Q+ � H HU y 41 -� C Q C � ,� H� O O C: O w Dm m-4 +J r+ ro d s Ul a m y N 0 4 .� w H 42 m U p' ►moi N 41 ro G ,;; ; E-4 a°A" 0 O V G O C O N z ;A3a ,d w E- 4 C w U 'O n - p $ � t4A v y 0 0 8 b w A E-4 awl O y J v 41> w U n - p $ � w bid A a thh O 41> Or - 3 O C4 � CG r-4�. r a O -4 O y ..4 W � ca Q+ � • 41 -� C Q C � ,� ►a C 11 w .� +J r+ ro d s 3 y N 0 4 .� w H N- .Ni .Vi >, U p' ►moi N 41 ro G ,;; ; nyra �•� y c �,c 0 O V G O C O N -4 �+mm'� wa >ro a OAj a rocIba 93>.0 T n - p $ � w T n - p $ � bid p $ � bid a thh {,'• a Sty' y# h'�' f R i� #€ g6+ .. S 1 l�r �'i' '`��v +r •4` y IX' F $1 'd dYil 3: . 5; l,ff..f xt` y 'C k","�i.{,gr;�y�y:# �k ! 4k;+ ! �S k y .tA� :gid d•�`i""{ x ty t' x $ ($'"y t i. F { ,Fd 3, f th rile' -it ,� iri'."�`Met� o-, - a'i'A F :^ ',, d - 'i �i 4 �:' G• 3P ill's+ ,�fi:. k ,� � *�a�•4 y'. $ ^s 'e' mit a g �' j � x i i31A5Y r a - 2 d'F+r "Y *�' ',d` •R3 �; d �"+4r z.. de. .� P{•g'If�"wtQF't�;` W�. P,�{q Y � t x t � STATE OF I County of 11 ) ss: e On this 29th day of May, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Brent E. Barrus and Luana B. Barrus; Warren E. Shepard and Sally Ann Shepard; Glenn E. Michels and Vida AMichels; Steve Michels and Mary E. Michels; Benton K. etzel and Sandra J. Wetzel; Raymond C. Kleier and Mildre I. Kleier, known or identified to me to be the ipersons whse names are subscribed to the within and foregoing nstrument and acknowledged to me that they executed te same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. r'. �� '� "' � NOTARY` PUBLIC for Idaho a t t Residing at Boise, Idaho STATE OF I County of ss: On this 3rd day of June, 1986, before me, the undersigned.. a Notary Public in and for said State, personally appeared James C. Burt; Margaret Murray and Lloyd W. Murray; Vern H. Stilwell and Emma M. Stilwell; Eileen Allison; R php J. Van Paepeghem; Richard H. Bross and Thelma J. Bross; Viola Blaine and Willis A. Blaine known or identified to me to be the persons whose names are subscribed to the wit in and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand ;-';t nd of i'*ed my official seal the day and year first above writPpn. r r ` r r NOTARY PUBLIC for Idaho, Residing at Boise, Idaho STATE OF I AHO ) ss: County of da ) On this 4th day of June, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Davis; Robert Moore and Jean Moore; Margaret E. Hurt; and Dorothy J. Haumann known to me to be the ersons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed t e same. and affixe written. IN WITNESS WHEREOF, I have hereunto set my hand my official seal the day and y ar first above e- &-C/ RY PUBLIC for Idah Residing at Boise Idaho g x 2: ff Am AN k 5 44 xha aA• x 4 x 3, j� STATE OF I County of ss: On this 3rd day of June, 1986, before me, the undersigned.. a Notary Public in and for said State, personally appeared James C. Burt; Margaret Murray and Lloyd W. Murray; Vern H. Stilwell and Emma M. Stilwell; Eileen Allison; R php J. Van Paepeghem; Richard H. Bross and Thelma J. Bross; Viola Blaine and Willis A. Blaine known or identified to me to be the persons whose names are subscribed to the wit in and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand ;-';t nd of i'*ed my official seal the day and year first above writPpn. r r ` r r NOTARY PUBLIC for Idaho, Residing at Boise, Idaho STATE OF I AHO ) ss: County of da ) On this 4th day of June, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Davis; Robert Moore and Jean Moore; Margaret E. Hurt; and Dorothy J. Haumann known to me to be the ersons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed t e same. and affixe written. IN WITNESS WHEREOF, I have hereunto set my hand my official seal the day and y ar first above e- &-C/ RY PUBLIC for Idah Residing at Boise Idaho �; $.5; ; ,: .t �d ,". z; h { ;�: g9 fr �" :�. �d' *?Ev "�.. t e 0 June 18,1986 Nintice is hereby given to the city of Meridian, that on July 18,1986 owners within 300 Ft that I,Steve Michels did mail to all known property of the notice of of Lots 1,2,and 3 of Dorsi Subdivision, Meridian, a copy public Hearing,pertaining to the annexation and zoning of Lots 1,2,and 3, of Doris Subdivision. 9 Notary Pub i E MERIDIAN PLANNING & ZONING 0 JUNE 9, 1986 Regular Meeting of the Meridian PLanning & Zoning called to order by Chairman Bob Spencer at 7:30 p.m.: Members Present: Walt Morrow, Moe Alidjani, Jam Johnson, Tom Cole: Others Present: Stan Olsen, Steve & Glenn Michels, Mr. & Mrs Harry Hazen, Bill Nary, Bob Wherry.; The Motion was made by Morrow and seconded by Cole to approve the Minutes of the previous meeting held May 12, 1986 as written: Motion Carried: All Yea: The Motion was made by Morrow and seconded by Alidjani to approve the Minutes of the Special Meeting held May 28, 1986 as written: Motion Carried: All Yea: Item #1: Findings of Fact & Conclusions on Michels request: Chairman Spencer, are there any comments or questions on the Findings? There were none. n and seconded by Morrow that the Meridian The Motion was made by Johnso hereby adopts and approves the Findings Planning & Zoning Commission of Fact and Conclusions as prepared on the Michels request for Annexation & Zoning. e: Cole, Yea: Shearer, Absent; Johnson, Yea; Motion Carried: Roll Call Vot Alidjani, Yea; Morrow, Yea: The Motion was made by Johnson and seconded by Morrow tYiat it is hereby ould be recommended to the City Council ttailLand ServicehCommercialndthat nLot y annexed and zoned C -G. General Re 3 should be annexed and zoned C- Subdivision Rare lamended vtoeallow commercial, G, General this provided the covenants of Doris lot to be Commercial: that the conditions of annexation should be investigated and discussed by the City Council. Motion Carried: All Yea: Commissioner Shearer arrived at this time: Item #2: Public Hearing: Annexation & Zoning request by C & O Construction: Chairman Spencer, this is a Public Hearing and the now hearing aripen g will be conducted under the rules of City Ordinance #446. will Is there someone present to represent this Request: Mr. Stan Olsen, 1117 13th Ave south, Na�pa, Idaho: Mr. Olsen was sworn by : 1 e 0 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MICHELS ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS The above entitled annexation and zoning application having come on for consideration on May 12, 1986, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicant appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation and zoning use was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 12, 1986, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the May 12, 1986 hearing; that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the Application for Annexation and Zoning is described in the application, and by this reference is incorporated herein; that the property is a AMBROSE, FITZGERALD &CROOKSTON Attomeye and Coumelme P.O. Box 427 Merldlan, IdahO 83842 Telephone 88&4481 AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8864481 Dart of Doris Subdivision, a residential subdivision developed hat the property abutts residential basically in an R-4 fashion; t lots on the North, Fairview Avenue on the South; some commercial and residential on the East and some commercial lots on the West and consists of approximately three (3) acres of land. 3. Lots 1 and 2 are presently zoned by the county C-2 which is a commercial zone; Lot 3 is zoned R-8 by the county which is a residential zone. 4. The protective covenants of Doris Subdivision indicate that all lots in the subdivision are to be used for single-family residences except for those lots and land adjacent to Fairview Avenue and 181 feet north thereof. 5, The lots adjacent to Lot 3 on North and East are used for residential purpose. y is adjacent and abutting to the 6. That the propert present City limits. e the owners of the property. 7. That the petitioners ar 8, That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is in the North Curve Neighborhood as designated on the Policy Diagram contained in the Comprehensive Plan. 10. That the Application for annexation Tequests that the c =S 0 V11 i i'. parcel be annexed and zoned C -G, General Retail and Service Commercial; that there is no present use of the property other than vacant ground; that the Applicant indicated he had no immediate development plans for the property. 11. That the proposed use of the property apparently, would be to develope the property for some type of commercial use. 12. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 13. That the City has in the recent past conditionally annexed and zoned property conditioned upon final platting and commencement of construction of sewer and water and other reasonable conditions. 14. That two owners of residences abutting Lot 3 of the subject property testified objecting to the use of Lot 3 commercially; the fact that the Doris Subdivision Protective Covenants prohibited commercial uses north of 181 feet of Fairview was brought out and they testified that a commercial use would not be beneficial to or conform to their present residential uses. 15. That two other persons who were not owners of lots in Doris Subdivision testified in favor of the Application. CONCLUSIONS 1. That the City has authority to annex land pursuant to AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counselors P.O. Box 427 Meridian, Idaho 63842 Telephane 688&4481 ' 2 I dt E st" $,kl�E i 1 - ¢ Oil r3fjii a ��y r 4`a;., 9j. p i 4w� parcel be annexed and zoned C -G, General Retail and Service Commercial; that there is no present use of the property other than vacant ground; that the Applicant indicated he had no immediate development plans for the property. 11. That the proposed use of the property apparently, would be to develope the property for some type of commercial use. 12. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 13. That the City has in the recent past conditionally annexed and zoned property conditioned upon final platting and commencement of construction of sewer and water and other reasonable conditions. 14. That two owners of residences abutting Lot 3 of the subject property testified objecting to the use of Lot 3 commercially; the fact that the Doris Subdivision Protective Covenants prohibited commercial uses north of 181 feet of Fairview was brought out and they testified that a commercial use would not be beneficial to or conform to their present residential uses. 15. That two other persons who were not owners of lots in Doris Subdivision testified in favor of the Application. CONCLUSIONS 1. That the City has authority to annex land pursuant to AMBROSE, FITZGERALD & CROOKSTON Attorneys end Counselors P.O. Box 427 Meridian, Idaho 63842 Telephane 688&4481 x v: ' 2 I dt E st" $,kl�E i 1 - ¢ Oil x v: 50-222, Idaho. Code; that excerise of the City's annexation authority is a Legislative function. 2. That the Planning and Zoning Commission has judged this annexation and zoning application by the guidelines, standards, criteria, and policies contained in Section 50-222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan as amended February 19, 1985, and the record submitted to it and things of which it can take judicial notice. 3. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances, of the City of Meridian have been complied with. 4. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 6. That the annexation application has been initiated by the Petitioner, who are the owners, and the annexation is not upon the initiation of the City of Meridian and therefore the five (5) acre limitations do not apply. 7. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land. 8. That since Lots 1 and 2 are adjacent to other presently AMBROSE, FrUGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone lISM 81 N 0 s zoned and commercially used lots, front on Fairview Avenue, and are not restricted by the Doris Subdivision Covenants, it is concluded that those two lots should be annexed and zoned C -G. g. That since Lot 3 is restricted by the Doris Subdivision covenants from commercial uses and two lot owners of Doris Subdivision objected to the use of that lot for commercial purposes, it is concluded that Lot 3 should be annexed and zoned R-4 which is the zone most similar to how the rest of Doris Subdivision is developed. 10. That the Protective Covenants do not restrict the City from zoning or rezoning property in a fashion contrary to the allowed uses contained in the covenants; however, where there are protective covenants which are contrary to a proposed zoning or rezoning the City, as a policy, should not disturb the status quo of the allowed uses and put owners in a conflict of use situation that does not otherwise exist; this is true specifically where there are no immediate plans for development and no overriding public benefit to the changed use which is contrary to the Protective Covenants; that -when land is purchased in reliance on protective covenants and the justification for any particular restriction remains valid, the City should not adopt a zoning contrary to the restriction unless there is an overriding public benefit. 11. It is noted that the Doris Subdivision covenants allow an amendment to the Covenants upon a majority authorization. It AMBROSE, FITZOERALD &CR0OKSTON Attomeys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephons 8884481 v F �M 3 r NY �, '' 44 E:. Z j ,,- is :•�„.:rt,- rha"fs'#' & �v Y j � ] i ww 4 3 x ii"p, p v�'�+ t 7,Rap €i 1'�S h'; it Y i3it{Fiirt"m'( 5- Ship-Er+t tF 4 r 4 o p gg Kii i 3. • e is that if the covenants were amended allowing concluded. commercial use of Lot 3, the Commission would recommend the requested C -G zoning to the City Council for Lot 3; however, conditions would have to be placed on any commercial use, such as screening and landscape buffers to decrease the impact on surrounding residences. 12. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the applicant should be required to connect to Meridian water and sewer lines and extend such to the development at its own cost; that the property will be subject to Site Planning Review. 13. That it is concluded that the annexation would be in the best interests of the City of Meridian if the land was going to be immediately developed. 14. Therefore, based on the Application, the testimony and evidence, these Findings and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be conditionally annexed; that Lots 1 and 2 should be zoned C -G, General Retail and Service Commercial; that Lot 3 should be zoned R-4 Residential; that the conditions should be explored at the City Council level; that such annexation would be orderly development and reasonable. AMBROSE, FI7ZGERALD 3 CROOKSTON Momays and Counselors P.O. Box 427 Marldlan, Idaho 83842 Telephone 8884481 0 1014 Yli t'' f F La fly j kNA a;3R}Y . y 4 SYx d t .. �SS.X` 4?°+`Rkk'k%+.ita"t x A' a r* .E k'y�u °.3%y" %,Y }}+��}+iYY i"pA ,9WX �RYf.Pb a ¢s*,i�G' .� ri ''?„�`'f�i3h. ].,k 1. 1'#s t?4� aY$Y VA -$t&�,k 01" 52 k- .k hi awe <, `' .+ s t t`iF'rY}i, �et-• OF`F j"3y3 i,Nt tF AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telepthone Btis"I • C 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 Cole Commissioner Shearer Commissioner Johnson Commissioner Alidjani Commissioner Morrow Chairman Spencer (Tie Breaker) RECOMMENDATION Voted Voted4kL, ✓l Votedlfe-,q- Voted Vote Voted It is hereby recommended to the City Council that Lots 1 and 2 should be conditionally annexed and zoned C -G, General Retail and Service Co /]mmerciathat Lot 3 should be annexed and zoned � s, P_^_* i al; that th`b conditions of annexation should be investigated and discussed by the City Council. MOTION: APPROV ID : DISAPPROVED: to „�� �����' a Y b Yi F� l � f�S y^ f -gym { k %'S✓ vF :.4 L 'S 4� �j k �''rsi f' ,# Tf q S g MERIDIAN PLANNING & r ZONING MAY 12, 1966 Regular Meeting of the Meridian Planning & Zoning Commission called to order at 7:30 p.m. by Chairman Bob Spencer: Members Present: Walt Morrow, Moe Alidjani, Jim Johnson, Jim Shearer Tom Cole: Others Present: Dennis Kelly, Dan Thomas, Steve Michels, Glenn Michels, Terry McCarthy, Greg McCarthy, Larry Bowen, Jim Christie, Verl Roberts, Jackie Davidson, Kim Cherry, Terry Tingy, Dr. Barry Sams, David Fuller, Betty Britton, W. Britton, Larry Davidson, Albert Chastain, Irene Chastain, Maria Azevedo, Lori & Jay Stark, Cecial Cherry, Dorothy Roddi, Bob Wherry, Rod Brady, Wayne Crookston, Ronda Lowe. The Motion was made by Morrow and seconded by Alidjani to approve the minutes of the previous meeting held April 14, 1986 as written: Motion Carried: All Yea: Chairman Spencer announced that the Public Hearings would be conducted under the procedures as outlined in City Ordinance #446: Item #1: Public Hearing: Annexation & Zoning Request by Steve & Glenn Michels: Chairman Spencer opened the Public Hearing: Is the a representative of this request present? Mr. Steve Michels was present to represent this request: Mr. Michels was sworn by Chairman Spencer: Michels, we are requesting annexation to the City of Meridian for the property on Fairview Ave which is lots #1,#2, & #3 of Doris Subdivision. We would like this property to be zoned C -G. At the present time we have no project for this parcel although the question of zoning comes up with each potential buyer. Presently lots 1 & 2 are zoned commercial and lot 3 is zoned R-8 under the county zone. The R-8 zoning allow eight dwelling units per acre, this lot is approximately 1.4 acres. All the bordering ground on the West side of our property is zoned Commercial, the property across Fairview is Commercial and the property to the East back about half way is Commercial. Morrow, if this was to be granted are you opposed to close the entrance into Doris Subdivision so if this was developed there would not be any traffic on Carol Street in Doris Subdivision? Michels, I would have no problem with that. Terry McCarthy, 1385 Carol Street, Mrs. McCarthy was sworn by Spencer. McCarthy, my property is adjacent to Lot #3 of Mr. Michels property it is directly to the East of his property, Mrs. McCarthy indicated her property on the map to the Commission, the covenants of Doris Subdivision state that homes built in this subdivision will be built on half acre lots or larger. This being one of the lots in that sub- division I think he should adhere to those covenants. These covenants were written in 1959, I think that this should take some precedence. ' MERIDIAN P & Z PAGE # 2 .MAY 12, 1986 ears Per the covenants they say that LotLots 3 is&2 can it wouldebe morecsuited and to me that being the size that match the rest of Doris Subdivision if it were made into two or maybe three residential lots. do you have a house on your lot and is there a house on Lot 3? Morrow , McCarthy, yes, We do and no there isn't. Verl Roberts, 11011 Goldenrod, Boise, Mr. Roberts was sworn by Spencer: Roberts, I am a Real Estate Broker andhave developerdfortthehpropertys for some time trying to find a buyer orlot As Mr. McCarthy has stated Lot #3 has osnelthat was cwanting and you would think in that length of time thatsomeotwo to build a home on it would have. oeone torbuildyonsit nowdisngoingstoes by commercial now and to find be very difficult. I think that it is time it was developed and put on the tax roll. Boise, Davidson was sworn by Spencer. Jackie Davidson, 5817 Eastwood Place, e North Davidson, We own Lot 4 which is adjathborthis Lot 3 on hde, hood and takinga chunk out it seems to me this is a res.- nei dential g and zoning it Commercial downgrades the everything od. We and to put aan acre commercial here where we enjoy our livelyhood and everything place in our backyard really offends me. Alidjani, do you acutally live here? Davidson, we rent it, we do not live there but we own it. McCarthy, I might add that in the time we signelived there, this property, people since 1982, I have never seen a for sal g would not know it was for sale to build a home on. Marvin Bodine, 917 Camelia, Meridian, Bodine was sworn by Spencer: Bodine, I feel that the Commercial property would benifit both sides. It needs to be developed. Jay Stark, 1840 S. Jericho, Meridian, Stark was sworn by Spencer: bascially this property is presently zoned Stark, I have a question, to R-8 and they are petitioning to have it zoned Commercial referring this lot #3? Spencer, yes along with annexation to the City. Spencer, is there anyone else present who wishes to testify on this request? There was no response. The Public Hearing was closed. Are there any comments or questions of the Commission. Morrow, I have a question of the Attorney, it seems there could be a conflict here based on the testimony between the otent albofvannexingision vandnts and the current zoning in Ada County and p x, { _ r ar40 �t MARION WO m t t roy` 9�qi ?° �1�x3k# P Y # t•`€. I4'x '..n a',s"k�st`� s u. r-mr r w a y x3 III. L e z a , � k as +! q+NPfiT +sr s +Ci ' iJ 1 9�1G y i fi 9daaYib" $^ 7'Yvi�. 01 �,'e -71 a "+4goo3 ys,#a�31 "vj Syr yg ya $g4 00, $z i.'¢ iV' I i+"�`(-'� IN fOii A, . F 17, p fd t s+a.y nk*tn n 4 �.a..z+r ? � .'i ef' ''r o�x ar a•„ -f' % s k' v s ��s 4 r .. I MERIDIAN P & Z MAY 12, 1986 PAGE' # 3 zoning into the City of Meridian. is there a conflict there? City Attorney, there could be, I have not seen the covenants. Cole, you saying that lot 1 & 2 is alright but lot 3 is not? Attorney, the way I understood the testimony is that lot 1 & 2 were commercial but lot 3 was part of the residential area. There was discussion on this among the members. The Motion was made by Morrow and seconded by Johnson to have the City Attorney prepare Findings of Fact and Conclusions of Law on this request and give an interpertation of how the covenants of the Doris Subdivision effect, if any on this annexation & zoning request. Motion Carried: All Yea: Item #2: Findings of fact & Conclusion on Rezone Request by D.K.D.G Properties: Chairman Spencer, has the Commission read these Findings and are there any questions? There were none. The Motion was made by Morrow and seconded by Cole that the Meridian Planning and Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions on this rezone request. Motion Carried: Morrow, Yea; Alidjani, Yea;, Johnson, Yea; Shearer, Yea; Cole, Yea: The Motion was made by Morrow and seconded by Cole that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the application of D.K.D.G Propert- ies for rezone of the property in the application and since the rezone is recommended to be denied, it is likewise recommended that the ease- ments not be vacated. Motion Carried: All Yea: Item #3: Public Hearing: Annexation & Zoning Request by Ronald Van Aucker: Chairman opened the Public Hearing, is there a representative in the audience for this request? Dennis Kelly, 3850 Gemini Circle, Mr. Kelly was sworn by Spencer: Kelly, I am here representing Mr. Van Aucker on his request for annex- ation & zoning of approximately 16 acres of property located between the Interstate and Overland Road bounded on the East by Teare Avenue and on the West by the Western Equipment property. We are requesting that the parcel include the Interstate and one-half of Overland Road. This property has access from Overland Road and also from Teare Avenue. This property front along the Interstate when the sewer line is expect - to cross the freeway, if and when it is extended. Are there any questions? } f .''SsiAa > • i Y k0-1 s (A 0 N CD N c W "' a W a w to co En N E H U A4 H .4 4 -.4r. G q 1.4 fYl 4J G X W to .d .0 -4 a N ro W Ql -.i r. 2 H U) ►a � M -A O (d N EO b£ 0 d >1 N L) 'ti a za c a H 7 0 � V 3 .O 41z z 2 ... A U H HUAJ 1 O 7. b a � H� v 0 4 H p p H QO R -A U rl C W WH x0 m- N m W44 0 ZO Ga 0 W -•� a E.; N a O x CW9 A 0 E z W F, `�z U 0 w a Ao'tc) � Z z aW a �' c.Iv c z > A -� c 0 O4 W 3 E 3 +q U • i Y k0-1 a W • 'A rO .. 4 -C �tE O c II W U Hw W 0 d >1 ... A 41 co a1 C 3 >1 O W r4 -A U rl .-. b 0 0 C >, 3 N w O cd to a r' +J0 ro ro a 0 0 m •° 41 to z N r4 w�roa.� O ..o 4-1a�w �, a HN to 4v-Aw En 'A 04 o, C7 A CW N A a ,� g G 'Z+ H H 4 O' �-I v N -r+ J.► y b N J.� Gl A a,°1, ro c A x w A 10.rfani w 3' J) cd V ?: 0 c� a ,O G O cp 04 •� O H [ U C O N W"' 0 y ..4 $a r4 •-I fHl 10 .4 V 1 U O >r•,N bE NCG1 C t+r+ > (dca% W7 ++ 0 m m 3 A $4 0 3N Q°4N' n0Gd O :3 cn 4j a „ r-4 -4 04) 'N�bE . A a 3o� e ma4 o E u aH a4 m h r n U a + a � w A10 b pC� t N � � w y ''ro0 QU z j Za 04HE m m [s U - y 'A rO .. 4 -C �tE O c II o April 21, 1986 We, the undersigned, do hereby grant a lien against Lots 1, 2, 3 of Block 2, Doris Subdivision for payment of all costs incurred w by the City of Meridian, including engineering, publication, and attorneys fees pretaining to the proposed zoning change at the above locations. Steve P. Michels Mary E. Mils Glenn E. Michels Vida A. Michels Charles Wendell Lot 2 Block 2 Settlers Village 1557 H&II Eagle, Idaho 83 16 �3 Steven W. Hozac Lot 1 Block I Settlers Village 2250 N. Meridian Lot 2 Block I Settlers Village Meridian, Idaho 83642 Lot 3 Block I Settlers Village Randy & DeAnn Winn.X Lot 8 Block I Settlers Village Box 851 Lot 9 Block I Settlers Village Meridian, Idaho 83642 (112 of lot 9) Arthur & Dorthy Hook Lot 10 Block 1 Settlers Village 1792 Jerico Lot 9 Block I Settlers Village Meridian, Idaho 83642 (1/2 of lot 9) Richard & Shawn Wilke Lot 8 Block 2 Settlers Village 1071 Tammy Lot 9 Block 2 Settlers Village Meridian, Idaho 83642 Lot 10 Block:: Settlers Village Lowell L Cheryl Rosanbalr Lot 12 Block I Settlers Village 1812 Jerico Meridian, Idaho 83642 Gregory L Terry McCarthy Lot 4 Block I Doris Sub 1385 Carol Meridian, Idaho 83642 Steven G. Gregory Lot 3 Block I Doris sub 1921 N. 3rd (1/2 of lot 3) Boise, Idaho Joseph L Dean Dealy Lot 3 Block I Doris sub 3725 N. Maple Grove (1/2 of lot 3) Boise, Idaho John M. L Sail CreasonLot 5 Block I Doris sub C/o Warren Shepard Lot 6 Block I Doris sub 1510 E. Fairview Ave. ,Meridian, Idaho 83642 MAILING LIST N 8, D Inc. Lot 1 Block 2 Settlers Village C'/O Norm Fuller Lot 3 Block 2 Settlers Village Box 851 Y Lot Lot 4 5 Block Block 2 2 Settlers Settlers Village Village Meridian, Idaho 8364V Lot 6 Block 2 Settlers Village Lot 7 Block 2 Settlers Village 'KDG Properties Lot 4 Block 1 Settlers Village 17350 S. W. Shaw Lot 5 Block 1 Settlers Village Aloha, ®vegan Lot 6 Block I Settlers Village Lot 7 Block I Settlers Village Lot Ll Block I Settlers Village Charles Wendell Lot 2 Block 2 Settlers Village 1557 H&II Eagle, Idaho 83 16 �3 Steven W. Hozac Lot 1 Block I Settlers Village 2250 N. Meridian Lot 2 Block I Settlers Village Meridian, Idaho 83642 Lot 3 Block I Settlers Village Randy & DeAnn Winn.X Lot 8 Block I Settlers Village Box 851 Lot 9 Block I Settlers Village Meridian, Idaho 83642 (112 of lot 9) Arthur & Dorthy Hook Lot 10 Block 1 Settlers Village 1792 Jerico Lot 9 Block I Settlers Village Meridian, Idaho 83642 (1/2 of lot 9) Richard & Shawn Wilke Lot 8 Block 2 Settlers Village 1071 Tammy Lot 9 Block 2 Settlers Village Meridian, Idaho 83642 Lot 10 Block:: Settlers Village Lowell L Cheryl Rosanbalr Lot 12 Block I Settlers Village 1812 Jerico Meridian, Idaho 83642 Gregory L Terry McCarthy Lot 4 Block I Doris Sub 1385 Carol Meridian, Idaho 83642 Steven G. Gregory Lot 3 Block I Doris sub 1921 N. 3rd (1/2 of lot 3) Boise, Idaho Joseph L Dean Dealy Lot 3 Block I Doris sub 3725 N. Maple Grove (1/2 of lot 3) Boise, Idaho John M. L Sail CreasonLot 5 Block I Doris sub C/o Warren Shepard Lot 6 Block I Doris sub 1510 E. Fairview Ave. ,Meridian, Idaho 83642 a� 0 Keith L Mary Shumway 1370 Carol Meridian, Idaho 83642 James Burt 1870 W. Carol Meridian, Idaho 83642 Chester Rz Loraine Hozac 2070 N. Locust Grove Meridian, Idaho 83642 Perry L. Be Terri Chase 1404 Carol 'Meridian, Idaho 83642 Willard & Bertha Fields Box 234 Meridian, Idaho 83642 Helen Harris 1835 E. Carol Meridian, Idaho 83642 Larry N Jacquilyn Davidson 1795 W. Carol Meridian, Idaho 83642 Will ian is Marge Busco 1853 W. Carol Meridian, Idaho 83642 Zoe Ann M. Bicandi 1845 W. Carol Meridian, Idaho 836 2 Ireane J. L Albert F. Chastain 1065 E. Fairview vl Meridian, Idaho 83642 Thomas E. & Maxine F. Howell Calle Jalapwaa W. Covina, California 91-.-'92 Clarence 6, Berna Dean Morqanlll*`�' V1 1187 E. Fairview Meridian, Idaho 83642 Haral F. Sweeney 10316 Barnsdale Boise, Idaho 83704 Robert J. Stewart 5005 Valley St. Boise, Idaho Common Wealth Highland Theatres 215 W. 18th at. Kansas City, MO 64108 AAP; fV qtf 0 Lot 1 Block 3 Doris sub Lot 2 Block 3 Doris sub (1/2 of Lot 2) Lot 2 Block 3 Doris sub (1/2 of Lot 2) Lot 6 Block 3 Doris sub (1/2 of Lot 6) Lot 6 Block 3 Doris sub (112 of Lot 6) Lot 5 Block 3 Doris sub Lot 4 Block 2 Doris sub Lot 5 Block 2 Doris sub (1/2 of Lot 5) Lot 5 Block 2 Doris sub (1/2 of Lot 5) Parcels 1235 & 1265 Fairview NW AL WY 9 SEC. 6- T. 3N.-R.IE. ,q' IN Mm 9 SEC. 6- T. 3N.-R.IE. r Order No. •' 1-67 TOGETHER WITH the rents, issues and profits thereof, 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 securing payment of the °Pl�`t�vi1ff&MjVffO%r&eqj ate herewith, executed by Grantor in the sum of Twenty—Eight n - - Dollars, 0 28, 500.00 O )• final payment due or before January 2 9ndU lgure pament of all such further sums as be loaned or advanced by the Beneficiary herein to the Grantor herein, or any or either of them, while record owner of present interest for any purpose, and of any notes, drafts or other instruments representing such further loans advances or expenditures together with interest on all such sums at the rate therein provided. Provided, however, that the making of such further loans, 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. To protect the security of this Deed of Trust, Grantor agrees: By the execution of this Deed Of Trust and the Note hereby secured that provisions 1 to 6 inclusive of Part A and provisions 1 to 9 Inclusive of Part B of the Deed of Trust wherein John B. Bell and Velda R. Bell were Grantors and Title and Trust Company was Trustee, which was recorded March 22nd, 1967, as Instrument No. 408028, at Page 189 of Volume 291, Ada County, Idaho Mortgage Records,, shall -be and they are hereby incorporated and made an integral part hereof for all purposes as though set forth herein at length. Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale hereunder be mailed to the Grantor at his address hereinbefore set forth. � Steve•- P.— iobels.... S "11:1a nn .... E � Mich"e'Is ...................... 4ArY- -4.... �!�I�i,G,hela......................................... STATE OF IDAHO, COUNTY OF ADA ' On this day oi` prig. i , iq 74'' before me, %'� Plyblic j4 jtj g� L#idsS i�fe, AGl gp�l . l�ii�,8 °- and GLENN E E. MICHELS and VIDA A. MICHELS, known to me to be the persons whose name s are subscribed to the witlih, rument, and acknowledged to me that �6]]'' executed the same. 7�7-1 ................................. .::....................... ... Notar.y Public Boise ,........ Residing at , Idaho. theIa............................................................. STATE OF IDAHO, COUN'1Y OP I HEREBY CERTIFY That this instrument was filed for record at thq request of at minutes past o'clock this M., day of 1'9 , in my office, and duly recorded in Book of Mortgages at page .................................. Ex -Officio Recorder. By................... ..... ..........................._.....:.....:........ ...................... i Deputy. Fees: $ Mail to: (Use for Real Estate In Ada County, Idaho. ONLY) MIM " WARRANTY DEED" For Value Received VIVIAN DAVENPORT and GRACE R. DAVENPORT, husband and wife the grantors 'i do hereby grant, bargain, sell and convey unto STEVE P. 141CHELS and 'MARY E. MICHELSr husband and wife, and GLENN E. MICHELS and VIDA A. MICHELSr husband.and wife, as tenants in common$ Route #2, Paradise Lane, Meridian, Idaho the, grantees Ada the following described premises, County Idaho, to wit:. -i Lots 1, 2 and 3 in Block 2 of Doris Subdivision, according to the plat thereof filed in Book 16 of plats at page 1080, records of Ada Countyo Idaho 0, R -iN TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees , that the y are the owner s in fee simple of said premises; that said premises are free from all incumbrances and restrictions except for those set forth in the Title Insurance Corporations commitment for title insurance case #C-30977 policy #BA124010 schedule 8p Section 2 thereof, and that the Y will warrant and defend the same from all lawful claims whatsoever. Dated: 7VTV'rAU UAVMWOPT �7z GRACE R. DAVENPORT STATE OF n)A"o-, -roT-TMTv nr nDA STATE Or IDA110, GOUNTY OF On this day of 19 1 hereby certify that this instrument was filed for I-ecord at' before me, it notary public in and for said Statr.,a.sonally the tequest of y appeared r,4 at n,n011 past o'clock m., VIVIAN DAVENPORT and this day of GRACE R. DAVENPORT, j, band 19 p in my office, and duly recorded In Book y and wife of Deeds at page known to me to be the P-rsnn S whose names are P gubscribed to the withi?i instrument, and acknowledged to lint they executed the same. Ex -Officio Recorder —Not.&ry Public By Deputy. Residing at Idaho Fees $ 100111111. Expires Mail to! c s ` DO NOT RECORD THE FOLLOWING IS A COPY OVISIONS I TO 6 INCLUSIVE OF PART A AND I*ISIONS f TO 9 INCLUSIVE OF PART B WHICH ARE. INCORPORATED BY REFE:7ENCE IN THE DEED OF TRUST APPEAR(, ON THE REVERSE SIDE HEREOF. A. To protect the security of this Deed of Tract, Grantor Agrees: 1. To keep sold property in good condition and repair; not to remove or demolish any bufiding thereon; to complete or restore promptlqq and In good and workmanlike manner any building which may be constructed, damaged or destro?ed thereon and to pay when due all claim@ for labor performed and materlets furnished therefor; to comply with all Inure affecting said property or r airing any alteratlona or improvements to be made thereon; eat to commit or permit waste thereof; not to commit, suffer or Permrt any act upon said property la violation of law; to cultivate, Irrigm,, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be rensonnbLy necessary, the specific enumerations herein not excluding the general 2. To provide maintain and deliver to Beneficiary fire insurance antisfactory to and with lose 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 at option of Benefirlary 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, 8. To apppear In and defend any action or proceeding purpacting to affect the aecurity hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs Anri axpenses, lecludlug cost of evidence of title and attorney's fees fo a raaeonnbla sum, In any such action or proceeding in which Beneficiary or Trustee may appear. 4. To pay: at least ton days before delinquency nil taxes and nsrrasmenta affecting said property, when due, all encumbrances, chargee and lions, with Interest, on said proper, or any part thereof,,whleh appeor to bo prior or superior hereto; all costs fees and expenses o[ this Trust. In addition to the payments due In accordance with the erma o the note hereby secured the Grantor shall at the optlou, and on demand of the Beneficiary, pay each month 1/12 of the estimated annual taxes, asaemmenW, Insurance promiume, maintenance and other charges upon the propart , nevertheless in trust for Grantor's use and benefit and for the payment by Beneficiary of any, such Items when due. Grantor'@ failure so to pay shall constitute a default under this trust. S. To pay immedlately.ond without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof, with Interest from date o[ expenditure at eight . per cent per annum. Ifs 6. Should Grantor fail to make any payment or to do any act aG herein provided, then Beno2clary or Trustee, but without obligation w to do and without notice to or demand upon Granter and without releasing Grantor from any obligation hereof, may: make or do the Game In such manner'nad to such extent am either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear In and defend any action or proceeding p g e.1i@g to affect the security hereof or the rights or powers of Deneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or Ilea which In the iudgment of either appears to be prior or superior hereto; and, In exercising any such powers, or in enforcing this Deed of Trust by judicial foredogure, pay necessary expenses, employ counsel and pay bio reasonable fees. B. It is mutually agreed that: 1. Any award of damages to connectlon with any condemnation for public use of or Injury to said property or any part thereof In hereby assigned and shall he Id to Bene- ficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2. Byy accepting payment •of any sum secured hereby alter Its due ante. Beneficiary does not waive his right either to require prompt payment when due of all other sums ro eeaured or to declare default for failure so to pay. 8. At any time or from time to time, without liability therefor and without node% 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 indebtedness secured hereby, Trustee may: reconvey all or any part of said property; consent to the making of any map or plat thereof; join In granting any, easement thereon; or join In any extension agreement or any agreement subordinating the lien or charge hereof. 4. Upon written request of Beneficiary stating that all sums seemed 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 reconvey, without warranty. thepproperty then held hereunder. The reeltale In any reconveyance executed under this deed of trust of any matters or [acts shall be conclusive proof of the truthfulnessThthereof. e grantee In such reconveyance may be deeribed an "the person or persons legally entitled thereto." S. As additional security, Grantor hereby gives to and confers upon Beneficiary the rIV power and authority, during the continuance of these Trusts, to collect the rents, Issues and profits of said property, reserving unto Grantor the right, prior to any, default by Grantor to payment of any Indebtedness secured hereby or In performance of any agreement hereunder, to collect and retain such rents, issues and prolate as they become due and payable. Upon any such default, Beneficiary may at any time without notice, anther 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 and take possession of said property or any part thereof, In his own name sue for or otherwise collect such rents, Issues and profits. Including those past due and un aid, and apply the some. less costs and expenses of operation and collection, including reasonable attorney's fees, upon any Indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking poeaesdon of raid property, the collection of each rents, Issues and profits and the application thereof as aforesaid, ehall not cure or waive any default or notice of default hereunder or invalidate any act done purusant to such notice. 8. Upon default by Greater in payment of any Indebtedness secured hereby or in performance of any agreement hereunder, all sumo secured hereby @ball Immediately become due and payable at the option of the Beneficiary. In the event of default, Beneficiary shall execute or cause the Trustee to execute a 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 part thereof is situated. Notice of sale having been given as then required by law, and not lees than the time then required by law having elapsed Trustee, without demand on Grantor, @hal) edl said property at the time and place fixed by it In said notice of sale, either as a whole or in separate parcels and In such order ae It ma determine, at public auction to the highest bidder for cash In lawful money of the United States, payable at time of sale. Trustee shall deliver to the purchaser its deed conveying the property so sold, but without any covenant or warranty express or Implied. The recitals In such deed of any matters or lam shall be conclusive proof of the truthfulness thereof. Any person, including Grantor. Trustee, or Beneficiary, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, Including cost of evidence of title and reasonable counsel fees in. connection with sale, Trustee shall apply the proceeds of sale to payment at: all sums expended under the terms hereof, not then repaid, with accrued interest at eight per cent per annum; all other Bums -than secured hereby; and the remainder, It any, to the person or persons legally entitled thereto. 7. This Deed applies to, Inures to the benefit of. and binds all parties hereto, their helve, legatees, devisees administrators executors, successors said assigns. The term Bene - clary shall mean the holder and owner of the note secured hereby;. or, if the note has been pledged. the pledgee thereof. in this Deed, whenever the context to requires, the masculine gender includes the feminine and/or neuter, and the singular number Includes the plural. 8, Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor. Beneficiary or Trustee shall be a party unless brought by Trustee. B. In the event of dissolution or resignation of the Trustee, the Beneficiary may substitute a trustee or trustees to execute the trust hereby created, and when any such substitution has been filed for record in the office of the Recorder of the county in which the property herein described Is situated, It @ball be conclusive evidence of the appoint- ment of such trustee or trustees, and such new trustee or trustees shall succeed to all of the powers and duties of the trustee or trustees narned7 herein. THE PROMISSORY NOTE OR NOTES, AND ANY (EVIDENCES OF FURTHER AND/OR ADDITIONAL ADVANCES MUST BE PRESENTED WITH THIS REQUEST Idaho, '19 To TITLE AND TRUST COMPANY, Trustee: i + i You are her6by authorized and requested to execute d reconveyance hereunder and deliver same to The undersigned hereby certifies that (� the owner and holder of the debt mentioned in said deed of trust anal that the same has never been assigned or transferred. Address........................................................................................................... TelephoneNo. .....................................................I............ . .......... U 0 m r, W W H U tu Z V o r n r S- 1.-� Z N W � Z 0 A O R� A WW G ZuJ- Z Q m cot Z E� O ru m W ul ul F 4j t- . F THE PROMISSORY NOTE OR NOTES, AND ANY (EVIDENCES OF FURTHER AND/OR ADDITIONAL ADVANCES MUST BE PRESENTED WITH THIS REQUEST Idaho, '19 To TITLE AND TRUST COMPANY, Trustee: i + i You are her6by authorized and requested to execute d reconveyance hereunder and deliver same to The undersigned hereby certifies that (� the owner and holder of the debt mentioned in said deed of trust anal that the same has never been assigned or transferred. Address........................................................................................................... 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