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' MERIDIAN CITY COUNCIL JULY 17, 1990 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 p.m.: Members Present: Ronald Tolsma, Bob Giesler, Max Yerrington: Members Absent: Bert Myers: Others Present: Dan Mabe, Brent L. Barham, Kevin Robertson, Brent & Gwen Alger, D'Arlene Stutzman, Paul Moroz, Robert Corrie, Gary Smith, Jack Smith, Bill Swartz, Ann Peterson, Alice Culver, Max Boesiger, Joe Haynes, Marty- Valley News: The Motion was made by Tolsma and seconded by Yerrington that the Minutes of the previous meeting held July 3, 1990 be approved as written: Motion Carried: All Yea: ITEM #1: REPRESENTATIVE FROM THE MERIDIAN SCHOOL DISTRICT: Dan Mabe: This evening I would like to give you an executive summary of the school district's situation as the board deliberates towards having a bond issue this fall. Talked about overcrowding in schools. Our plan right now is to build two schools, one at the site on Chateau and the other one that we'll have to find a site for would be in the eastern part of the District in the area of Joplin. Spoke of a proposed auditorium which would also serve as a civic center. It's primary function would be educational. would like any feedback you might have concerning this. Your support and input is critical on this issue. Giesler: What was the seating capacity of the old auditorium? Mabe: it was over 1,000 but I'm not sure if it's 1,200. Kingsford: I certainly commend the District for considering that auditorium, I think that's an essential ingredient for us in Meridian. ITEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REZONE REQUEST W/CONDITIONAL USE PERMIT BY LINDA PADDOCK: Yerrington: I have one comment, my name on the last page is wrong. The Motion was made by Tolsma and seconded by Giesler to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Tolsma - Yea; Gielser - Yea; Yerrington - Yea; Myers: Absent: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve the rezone and conditional request by Linda Paddock. Motion Carried: All Yea: r • 0 MERIDIAN CITY COUNCIL JULY 17, 1990 PAGE #2 ITEM #3: ORDINANCE #538: ORDINANCE REZONING THE NORTH PORTION OF LOT 2 BLOCK #2 TEDI SUBDIVISION REQUESTED BY LINDA PADDOCK: (THIS CONTINGENT UPON CITY COUNCIL APPROVAL OF ITEM #2) Kingsford: AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION NORTH OF THE WOUTHERLY 40.00 FEET OF LOT 2r BLOCK 2, TEDI SUBDIVISIONr MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would like Ordinance #538 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 538 by passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #4: ORDINANCE #537: ORDINANCE AMENDING THE MERIDIAN COMPREHENSIVE PLAN: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2-1102 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND BY SAID AMENDMENT ADOPTING THE 1990 AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENDMENTS CHANGE THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY, CHANGE THE MERIDIAN POLICY DIAGRAM TO COMM TO THE CHANGE IN THE URBAN SERVICE PLANNING AREA BOUNDARY, MAKE TEXT CHANGES TO CORRECT TYPOGRAPHICAL ERRORS AND REMOVE REFERENCES TO A REGIONAL SHOPPING CENTER AT I-84 AND MERIDIAN ROAD, REMOVE THE PREVIOUSLY PLANNED FRONTAGES ROADS ALONG I-841 CHANGE THE POLICY DEALING WITH DEVELOPMENT INSIDE AND OUTSIDE THE URBAN SERVICE PLANNING AREA BOUNDARY PARTICULARY RELATING TO FIVE ACRE TRACTS, RECOGNIZE THAT SOME OF THE GOALS AND POLICIES OF THE ORIGINAL PLAN ADOPTED IN 1978 HAVE BEEN ACHIEVED, CHANGE THE POLICY RELATING TO COMMERCIAL DEVELOPMENT AT MORE THAN ONE CORNER OF AN INTERSECTIONr AND RECOGNIZE THAT IT IS UNLIKELY THAT BRANCH OFFICES OF THE COUNTY LAW ENFORCEMENT AND COURTS WILL BE LOCATED IN MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who wishes to have Ordinance #537 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 537 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #5: REZONE REQUEST BY MAX BOESIGER, INC.: TABLED AT LAST MEETING: Kingsford: Is there any discussion on the Findings that have been prepared. The Motion was made by Giesler and seconded by Tolsma to approve of the Findings of Fact and Conclusions of Law for Max Boesiger rezone. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea: Motion Carried: All Yea: ORDINANCE NO.5� AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION NORTH OF THE SOUTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-4) Residential to (C -N) Commercial, for the below described parcel: Al that portion of Lot 2, Block 2, Tedi Subdivision North of the Southerly 40.00 feet of Lot 2, Block 2, Tedi Subdivision, Meridian, 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 aforementioned real property which is described as follows: All that portion of Lot 2, Block 2, Tedi Subdivision North of the Southerly 40.00 feet of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho. be, and the same is rezoned from (R-4) Residential to (C -N) Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. AMBROSE, FITZGERALD &CROOKSTON A tomays and Counaalwa P.O. Bos 427 Marldian, Idaho 83842 460hone 8884461 • 0 Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this/77�h day of , 1990. ST: AMBROSE, FITZGERALD &CROOKSTON Attomaya and Counaalm P.O. Box 427 Maddbn, 1d Ba642 0 . STATE OF IDAHO,) ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION NORTH OF THE SOUTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. , by the City Council d Mayor of the City of Meridian, on 17 e- l %-/AI day o 1990, as the same appears in my OTfice. DATED this day of 1990. STATE OF IDAHO,) ss. County of Ada, City Clerk( City of Meridian Ada /County', Idaho On this 1 day o 1990, before me, the unders gne , a No u is in an for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �LoT A i? `a O �e �.rn nntt,ct (SEAL) AMBROSE, FITZGERALD A CROOKSTON Attumeye and Counselms P.O. Box 427 Meridien, Idaho 03642 Telephonel!1884451 ary Public for Idaho iding at Meridian, Idaho commission expires 4///911 AMBROSE, FITZGERALD B CROOKSTON Attorneys and Couneetors P.O. Box 427 Meridien, Weno BW2 Telephone 8804461 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN LINDA PADDOCK REZONE AND CONDITIONAL USE PERMIT 1717 CRESTMONT DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 3, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Guy Walker, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 3, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 3, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the Applicant has an agreement to purchase the property which property is described in the application which description is incorporated herein; that the property to the south is zoned C -N and is used for an insurance office and another parcel of property to the south is a vacant lot and is AMBROSE, FITZGERALD A CROOKSTON Attorneys and Ooun"Ims P.O. Boa 427 MtlW W, Idaho B2B42 Tolephone 806441 0 • zoned C -N; that one parcel of property to the east is zoned C -N and is used as a convenience store; the property to the west is used predominantly for single family dwellings; the property to the north is used for multi -family dwellings. 3. That approximately one-half of the property is already zoned Neighborhood Commercial and one-half is zoned R-4 Residential; that the Applicant requests that the portion zoned R-4 be rezoned to C -N; that both of the zones require a conditional use permit for the operation of a day care center caring for thirteen (13) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the C -N District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (C -N) Neighborhood Business District: The purpose of the -NDistrict is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian and shall not constitute all or any part of a strip development concept. 5. That the property is contained in the CAIRNS neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: AMBROSE. FITZGERALD &CROOKSTON Attwnge and Counselors P.O. Box 427 Mandlen, Idaho 88842 Telephoneew-wt .1 C "Definition: The neighborhood is a residential area with un i orm characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 6. That the use proposed by the Applicant is set forth above and the Applicant proposes to care for 45 to 50 children and indicates that she will be state licensed. 7. That the day care use proposed by Applicant is an allowed conditional use in the R-4 or the C -N districts; that the conditional use procedures in 11-2-418, requires the Applicant to state that the proposed use does not violate any subdivision covenants or deed restrictions; that Guy Walker, representative of the Applicant, stated at the Planning and Zoning hearing that there were no covenants applicable to the property which would prohibit the use but the Applicant did not state in her Application that her use would not violate subdivision covenants or deed restrictions; that the covenants do state as follows: "(a) Lot 1 of Block 1, and Lot 1 of Block 2, and the South 40 feet of Lot 2 of Block 2, are to be zoned "C" Commercial, ..." ( b ) All other lots are to be residential or to be used for multiple units by combining several lots or portion of lots, t. that the Applicant submitted a letter from Jack C. Riddlemoser, Attorney at Law, opinioning that the covenants did not restrict the use of the North one-half of the lot for other than residential purposes. j 8. That the subject property is presently vacant but has been used in the past as a shelter home for the elderly and for those in need of supervised care; that the structure on the premises is designed as a single -family dwelling; that the property is fenced; that the property has no irrigation canals i or facilities on the property; that there are no visible I hazardous areas on the property. 9. That at the time of the Planning and Zoning hearing the property did not have immediate direct access to a transportation arterial or collector but was only approximately 110 feet from Cherry Lane which is a principal arterial and the property has good access to Cherry Lane; that subsequent to the Planning and Zoning hearing the Applicant obtained the ability I to use a lot West of Lot 1, Block 2, Tedi Subdivision, which Applicant now proposes to use for parking of visitors and as a drop-off/pick-up area for children; this new lot has direct access to Cherry Lane which is a major arterial; that vehicular access should not be a problem and the proposed use does not require greater access. I 10. That sewer and water is already connected to the property, but the use may require additional charges or fees. Also, the City Engineer submitted comments which are incorporated herein as if set forth in full herein; that the comments specifically address, in addition to the possible FITZGERALD increase in water and sewer fees, the need for off-street 6 CROOKST0N parking and screening of the parking from the adjacent Atiom.y..nd CwnNlm P.O. Box 427 Meridian, IOeho 83612 Hepi e88640 r AMBROSE, FITZGERALD d CROOKSTON ARo,neye and Cooneelon V.O. Box 427 Meridien, Idaho W6M2 Telephone 896 451 0 • residential developments. 11. That the applicant was not required to obtain the signatures of owners of lots within 300 feet of the subject property showing approval of the application if the rezone is granted since the conditional use would not be a residential district; if the rezone is not granted, but the Applicant still desires to operate the day care center, the Applicant would have to submit the required approvals. 12. That there was testimony submitted in opposition to the application; that a petition was submitted in evidence which objected to the granting of the conditional use for a day care center; that the reasons cited in the petition as grounds for objecting relate to traffic; testimony was also given objecting which objections centered on requesting that the area maintain its peaceful and quiet residential character, concern over adequate parking, and concern over the possibility of increased noise from the day care, all of which may reduce property values. At the Planning and Zoning hearing there was one individual testifying in favor of the Application and he owned the property to the immediate south of the subject parcel which is used for his insurance office. He testified that he did not think that the traffic would be a problem and thought the application should be granted. 13. That the proposed use now includes a drop-off and pick-up area that would have access directly to Cherry Lane; this area would also be used for visitor parking. 14. Applicant's representative testified that the parking j AM EROSE. FITZGERALD 6 CROOKSTON Attorneys and Coun"Im P.O. Boa 427 MehdMn. Idaho &1812 Telphone aNM81 0 . area East of the parcel would only be used for employees and would not be used for child drop-off or pick-up. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; and 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; that the City of Meridian has authority to place conditions upon granting a zoning amendment. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; AMBROSE. FITZGERALD B CROOKSTON Altomgx end Oounwion P.O. Box 127 MNWIN, IONO BW2 TGWWh e8884181 that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic should not increase significantly because of the proposed day care center, and due to the drop-off and pick-up area having access from Cherry Lane, the residential area North of the parcel should not see an increase in traffic due to this proposed use. e. The property has sewer and water service already connected. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application will meet the requirements of the City ordinance due to the change in the parking and pick-up and drop-off area. i. The development and uses will not result in the destruction, loss or damage of AMBROSE. FITZGERALD &CRO0KST0N Attorneys and Cueneelore P.O. So. 127 Meridian, Idaho OW2 Telephone BBB4*111 a natural or scenic feature of major importance. 6. The conditional use procedures require that the Applicant state that the use does not violate covenants or restrictions; that the Applicant's representative stated at the Planning and Zoning hearing that the use did not violate the covenants; the restrictions set forth in the covenants in paragraph 7 of the Findings of Fact are not clear whether the use would violate the residential restrictions; it is clear that the South 40 feet of the subject parcel may be used commercially under the covenants, but it is not clear whether the rest of the lot may be used commercially; the language does not specifically address the northern portion of the subject parcel or its allowed uses. The language is ambiguous as to whether the north portion of the subject lot is included in the allowed commercial area or whether the north portion is included in the language "all other lots" since it is only a part of the lot and the southern part is specifically allowed to be used commercially. It is generally held that where an ambiguity in restrictive covenants exists, that since such covenants impede the free use of land and restrict commerce and trade, that the ambiguity should be resolved in favor of the least restriction. It is therefore concluded that due to the ambiguity regarding the allowed use of the northern portion of the subject parcel that the residential restriction should not apply and the covenants do not barr the proposed use. Such construction is also in line with the opinion of Jack C. Riddlemoser, submitted by the Applicant. It is also concluded that it is in the best AMBROSE. FITZGERALD &CROOKSTON ANOms,e Wd P.O. Bo. 427 Medd Mn, MMw BW2 Tabplanel!65 B1 0 • interest of the City to have uniformity of zoning for one small parcel of ground and since the property has been used in the past commercially as a shelter home that it is logical to have the entire lot zoned commercial, rather than residential. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11- 2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: ( a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. ( b ) The area is in the CAIRNS neighborhood which is designed for residential and other uses which support residential needs and a mix of those uses and a rezone of the subject property is in line with that designation, particularly since one-half of the parcel is already commercially zoned. (c) It is difficult to determine whether the area included in the proposed zoning amendment was or was not intended to be developed in the fashion that would be allowed under the new zoning but the fact that the other one-half of the lot is already zoned C -N indicates the new zoning would not be contrary to the allowed uses in the area and would be in line with existing adjacent developments in the area. 0 • ( d ) The access to Cherry Lane is good and Cherry Lane meets the requirement of the C -N district that land zoned C -N have access to a collector or an arterial and thus the property lends itself to a rezone. ( e ) That the property is designed and constructed to be harmonious with the surrounding area. ( f ) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. ( g ) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is completed. ( h ) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. ( i ) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. ( k ) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature or major importance. ( 1 ) The proposed zoning amendment is in the best interest of City of Meridian. 9. It is further concluded that the comments, recommendations and requirements of the City Engineer will have to be met and complied with. AMBROSE, FITZGERALD 6 CROOKSTON Attomeye end Coun"Ims P.O. Box e27 Meoelen, Waho 8342 Telephone 888441 AMBROSE, FITZGERALD B CROOKSTON ARom1y11nd CGU."Im P.O. BOX 177 MMdIN, WNW B78t7 TNsphme BBB1181 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN RON TOLSMA COUNCILMAN BERT MYERS COUNCILMAN BOB GIESLER COUNCILMAN JIAA�f YERRINGTON GRANT P. KINGSFORD (TIE BREAKER) DECISION VOTEDVOTED VOTED VOTED O'4, VOTED" The Meridian City Council hereby approves the Rezone and the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved. The conditional use should be subject to annual review upon motion by the City, and the conditional use is granted subject the parking area on the east be used solely for employee parking, and that all children, except employee's children, be dropped off and picked up in the parking area south of the subject parcel and which has access on Cherry Lane. The City attorney is directed to prepare an ordinance for the rezone. MOTION: APPROVED: X DISAPPROVED: • • MERIDIAN CITY COUNCIL JULY 3, 1990 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Present: George O'Connor, Kim Paddock -Vail, Jerry Browne, Nadine Miller, Roy Johnson, Pat Tealy, Guy Walker, Gary Smith, Jack Smith, Bill Gordon, Wayne Crookston, The Notion was made by Tolsma and seconded by Myers to approve the Minutes of the previous Meeting held June 19, 1990 as written: The Notion was made by Myers & seconded by Tolsma to approve the Minutes of the Special Meeting held June 26, 1990 as written: Notion Carried: All Yea: Item #1: Public Dearing: Rezone Request W/ Conditional Use Permit for Day Care by Linda Paddock: Mayor Kingsford: At the last Hearing, I stepped down fran participating in this Request, do to the possible Conflict of Interest caning fran the close proximity that I live where this property is located, I think I had better do this again, at this time I will turn the meeting over to Ron Tolsma, the Council President, to conduct this Public Hearing: Council President Tolsma, at this time I will open the Public Dearing, is there anyone in the audience who wishes to offer testimony on this request? Jerry Browne, 1728 Cresmont, Browne was sworn by the City Attorney: Browne: My wife has lived at this location very close to the proposed day care, she has lived there for approximately 10 years and I have lived there for approximately eight years, we opposed the proposed request, we do not see where this use would increase our property values, we speculate it would decrease the value, we have concerns about the increase traffic, there is already a parking problem, several tones in the area are single car garages we think this would add to the parking problem, we feel there would be increased noise. I am opposed to the Conditional Use Permit: Council President Tolsma: We did have one letter fran Mrs. Caron that is in oppositon to this request that needs entered into the record: Is there anyone else who wishes to testify? Guy Walker, 2555 Misty Drive and I am representing Linda Paddock, she is sick this evening, Walker was sworn by the City Attorney: Walker: I appreciate being able to address the Council again on this issue and I hope you have in front of you the revised proposal that we have, we have certainly taken into account the neighbors desires regarding traffic , congestion & noise and as I mentioned last time we were extremely concerned about this and have a desire to be respective to the neighborhood and the neighbors because they are going to be part of our business and recamtendations for the business so it is important to Linda that we have the MERIDIAN CITY COUNCIL • JULY 3, 1990 PAGE # 2 Ll cooperative of the neighbors and we are certainly willing to listen to any of the iniput they have and adhere to it if at all possible. We also took into consideration the comments fran the last hearing as well as the eannents frau the Council and as you can see by our new proposal we went ahead and were fortunate that Mr. Mortensen had that property right beside him that was available and we were able to work sarething out at an additional expense to Linda to put some additional parking in and to alleviate we feel the traffic congestion, as you can see on the new proposal the parking for the clientele will cane in off of Cherry Lane now, this will keep all the traffic off of Crestmont. We have also increased some of the play area in the new proposal, we are also guided by the State Licensing as to how much play area and what it will be like as well as the structure itself. The structure will dictate how many children she can have, according to the square footage. On Crestmont as you can see we have only the employee parking which consists of seven parking spaces. As to the fencing and so forth around that facility, we would certainly take any recontendation franthe Council, our plans are -to put six -foot" wood fencing—betcaeen us and -the adjacent property owners. There -will-be a six foot fence and there could be sane other types of sound barriers, whether it be types of greenery , types of landscaping that could be put inside the fencing to help cushion the sound. With the entrance on Cherry Lane, I do not think you will even know that is a Day Care fon Crestmont with the entrance & signage on Cherry Lane, I feel you would think it was almost a hone, I do not think this is going to take anyones value away, in fact if something doesn't get happening there and the weeds continue to grow and the structure continues to deteriate we are going to be talking about devaluation of peoples property. We think this would be an addition to the City, the City is in need of Day Cares and the children will be well supervised and they will be preparing than for schooling. Giesler: According to your new proposal, it looks like the entrance will be changed, is that correct? They will be entering fran the parking lot rather than the Crestmont side. They will not be able to enter from the Crestmont side. Walker: That is absolutely correct. George O'Connor, 1819 Crestmont Drive, O'Connor was sworn by the City Attorney: O'Connor: Mrs. .Rath was unable to attend this evening, so I an expressing some sentiments for her as well, some side notes here we felt that this was unfortunate that this was on July 3rd and difficult for sane people to get down here, several people in the neighborhood are still concerned about decreased property value, myself included,. even if it is to a minor extent, we are still concerned about traffic even on Cherry Lane, there may became a need to restrict East turns out of the parking area, we are concerned about noise, particularly the neighbors very close, some of the suggestion that some of the neighbors had if this does go through is that along the property lines at least a solid six foot fence and some shubbery for sound proofing. Council President Tolsma: Anyone else from the audience wish to offer testimony? There was no response, the Public Hearing was closed. City Attorney: I think we are going to need new Findings for the new testimony and the new proposal that has been suhmitted: The Motion was made by Giesler and seconded by Yerrington to have the City Attorney prepare new Findings on the Rezone request w/Conditional Use Permit for Linda Paddock: Motion Carried: All Yea: Mayor Kingsford returned to the podium: AMBROSE. FfTZOERALD A CROOKSTON ARomoy, and Counselm F.o. Sol 427 11MOlo . M" 0612 Te ph" 001461 0 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 19, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho, from R-4 Residential to C -N (Commercial); the south 40 feet of this parcel is already zoned C -N (Commercial). The Applicant also requests a conditional use permit for the operation of _Inchworm Day Care Center at the above property which is known by the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Application; the Applicant also proposes to use Lot 1, Block 2, Tedi Subdivision, which is zoned (C -N) Commercial for parking and a drop-off area for children coming to the proposed day care center. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this day of May, 1990. JACK/ NIEMANN,/CITY CLERK NCR'E: SEE REVISED PAYMNG & II nwcE PLAN t ATTACHED: / LIMA PADDOCK REZONE RMWEST W/ CONDITIONAL USE PERMIT FOR DAY CARE 1717 UESTMONT DRIVE COMMENTS 1: ADA COUNTY HIGHWAY DISTRICT: NOTHING RECEIVED: 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: WILL REQUIRE PIANS SUBMITTED FOR REVIEW ON DAY CARE CENTER: 13: NAMPA MERIDIIAN IRRIGATION: ALL LATERALS & WASTE WAYS MUST BE PROTECTED, DRAINAGE MUST BE RETAINED ON SITE: 1 4: CITY ENGINEER: SEE ATTACHED: 15: ,POLICE DEPARIMWT: NO PROBLEMS 6: 7: 8: 9: BUILDING DEPARTMENT: NO OBJECTIONS: PUBLIC BEARING HEI APRIL 10, 1990 BEFORE THE PLANNING & ZONING CIM-USSION, FINDINGS OF • BE PREP4YUl: PLANNING & ZONING 00MMISSION APPROVED THE FINDINGS OF FACT & CONCLUSIONS OF LAW AT MEETING HEIR APRIL 23, 1990 & REODMMENDED THAT THE CITY COUNCIL APPROVE THIS REQUEST WJ CONDITIONS: (COPY OF FINDINGS ATTACHED: : COPY OF COVENANTS ATTACHED FOR YOUR REVIEW: 0 0 RESTRICTIVE AND PROTECTIVE COVENANTS FCM TEDI SUBDIVISION IN ADA COUNTY, STATE OF IDAHO. DA=EID: 12-13-74 RBCORDED: 12-13-74 13STROMENT NO. ..RNOW ALL MEN BY THESE PitESENTS:- That the undersigned is tore owner and holder of the title in fee simple of all that certain real estate situated in Ada County, Idaho, more parts- cmlarly described as follows: E parcel of land lying in the SW 1/4 of the HE 1/4 of Section 1,'- T- 38., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the Southwest corner of said SSP 1/4 of the BE 1/4 cE Section 1; thence North 69.49110" East 676.20 feet along t'.Le Southerly boundary of the said SW 1/4 of the SE 1/4 of Section 1, which is also the center line of Cherry Lane, to.a paint, also said point being the REAL POINT OF BEGINNING; hence continuing North 89049'10" East 349.84 feet along the ' said Southerly boundary of the SW 1/4 of the SE 1/4 of Section 1 to a point; . tfienee North 19.53150• West 199.42 feet to a point;,.�.- hence North 22.24140" West 196.76 feet to a point; - taeuce North 18°30100" West 315.92 feet to a point; hence North 26.39140' West 94.04 feet to a point; hence South 88013110" West 87.92 feet to,a point; e%-, a *South --1.46'-50" East451.78 feet to thepoint beginning, comprising 3.83 acres, more or less. - =_..S' CEPT: A parcel of land lying in the SW 1/4 of the BE 1/4 - e:i Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the Southwest corner of said SW 1/4 of the BE 1/4 cd Section 1; thence North 89.49'10" East 756.20 feet along the Southerly boundary of the said Sy[ 1/4 of the SE 1/4 of Section P. which is also the centerline of Cherry Lane, to a point; t3,ence North 1046050" West 40.02 feet to a point, also said point being the REAL POINT OF BEGINNING; - - ;.hence continuing North 1.46150" West 109.98 feet to a point; hence North S9"49110" East 65.00 feet along a line Northerly oaf and parallel to the said Southerly boundary of the. SE 1/4 ad the SE 1/4 of Section 1 to a point; thence south 1046150" East 109.98 feet to a point; thence South 89049110" West 63.00 feet along a line 40.00 feet Northerly of and parallel the said Southerly boundary of the SW 1/4 of the SE 1/4 of Section 1 to the point of beginning, comprising 0.16 acre, score or less. - 1. That all of the real property and all lots, parcels ao:d tracts of said subdivision, and any conveyance covering or 3escribing all or any part thereof either by reference to the above described plat or by name, numbar or designation thereon, mr by any other description, shall be.su`ject to the following restrictions, protective covenants, and conditions; and that by ,the acceptance of any conveyance of any property in said sub- 3ivision 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 Srantee3 or subsequent owners of property in said subdivision 0 0 as tn the property so described and cdnveyed in or by such conmeyances as follows: - (a) Lot 1 of Blodk 1, and Lot l of Block 2, and the.. South 40 feet of Lot 2 of block 2, are to be zoned •C•. Z' Commercial, with Lot 1 of Block 1 of have a special use permit for the purpose of operating as aself-service gasoline station. (b) All other lots are to be residential or to be used for multiple units by combining several lots or portion Iof lots, not to exceed more than 2 stories in height or more than 8 m altiple units per building. (c) No building shall be located nearer than 20 feet to the front lot line or nearer than 5 feet to side lot line, . the minimum set back line on corner lots shall be 15 feet.- No building shall be located on any interior lot nearer than 10 fees to the rear lot line. (d) In the event a building is constructed or located across any lot line as platted or so as to violate the setback.. lifaes as forth in paragraph (c), then the setback lines as set forth in said paragraph (c) will be measured from the boomdary lines established in the deed synonomous_with any parcel within said subdivision. - (e) Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on rec=rded plat. All lot frontages have a five foot wide public utilities easement. - (f) No animals, livestock, or poultry of any kind shall' be raised, bred or kept on any lot, except that dogs, cats or . homsehold pets may be kept, provided they are not kept or bred for cc=--rcial purposes. (g) No structure of a temporary charracter, trailer, basement house, tent, shack, garage, barn or other outbuilding - shall be used as a residence, either temporarily or permanently. (h) Shrubs, hedges and fences, or other obstructions to visdon which may be considered as objectionable, shall be lir-Aited to three feet in height above curb line from street line to building set back line. (i) No buildings or structures shall be moved onto said real property from any land outside of said plot except a new prtm—fabricated structure of a type anddesignapproved by the grantor. .(j) The grantor is under no obligation to deliver irriga- ticm water or to furnish rights of way in connection with the deZ_ivery of irrigation water, to any lot. 2. These covenants and the restrictions are to run with th-- land and shall be binding on all the parties and all persons c1mining under them for a period of twenty years from the date these covenants are recorded, after which time said cove na =ts shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the them owners of the lots has been recorded, agreeing to change safid covenants in whole or in part. Y�\ wa,eeez n.[wase _onct�tac 0 0 3. If the parties hereto or any of them or their heirs or assigns, or persons claiming under -or through they F o any other person, whether such person be Che owner of an perty in said subdivision or not, shall violate or attempt to violate any of the covenants herein it shall be lawful for any other person or persons owning any real property situated in said sub- division to prosecute any proceedings at law or in equity against the person or persons violating or atter_pting to flram doingolate ysouch Or tovenant re overndamagesrto for such violation.revent him or 4. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any maof the other pro- visions which shall rein in full force and effect._. .IN WITNESS YHEREOF, Me undersigned has hereunto set his band and seal, this /� �,! day of December, 1974. Te / Hep er STATE OF IDAHO ) ss. county of Ada ) on this/�_/dav of December, 1974, before re, the undersigned, S No—tary Public in and for said State, =azsc :aL:y aopeared TED G. HEPPER, known to me to be the peezonw!',:.ow- name is subscribed to the foregoing instrument, ledged to me that he executed the same. IN'WITNESS WHEREOF, I have hereunto set my band 3 affixed my official seal, the day and year in this certi!!cate first above written. �!c .isuli:)'' t. tare fb Le red �.:..:a �.' Residence: titer i.11::^• SY: Ada County. Idaho, sa Requestol n _ Date /a— /.i' RENCE A.I REC By p^n • � :.i16 19'7 91685'7. . �oTs -z3 c - AFFIDAVIT OF AMENIMENT TO PLAT -Dated: 1-3-75 Recorded: 1-6-75 Stm OF IDAHO ) as county of Ada ) Fula J, Logsdon, widowed woman dealing with bar sole and separate property, being first duly sworn upon her oath does depose and say: That at all times herein mentioned she hea been the record title ower of the property described in Exhibit "A" attached hereto and made a Pat hereof. - That she was the record title owner of the said real property when the plat of Tedi Subdivision of Ada County, Idabo,.was filed in Book 35 of Plata at pages 3022 and 3023, records of Ada County, Idaho, which filing was on the 13th day of December, 1976. That through mistake, misunderstanding and inadvertence she did 6 not sign the said plat as record title ower of the real property described in Exhibit "A", attached hereto. Therefore, the undersigned does hereby ratify, confirm and approve in fall the said plat and any and all terms, conditions, restrictions and covenants therein, just as though a" had signed the original plat, and she does intend the real property described in said Exhibit "A" to be in- cluded within, and covered by. the said plat of the said Tedi Subdivision., Dated this _� day of January, 1975. Jai b w�.i✓ k�. �( if.��sG.4e Eula J. Logsdon 0 Acknowledged by Eula J. Logsdon before''.` ..i{ .'••.., tketary Public for Idaho, Resldin&at•','_ _ Boise, Idaho My Commission Expires: r* 1 ff4A i 1 ; (% 15" E MIBIT "A" A parcel of land lying in the 51/2 of the SWI/4 of the SEl/4. See - tion 1, T.3N., R.M. B.N., Ada County, Idaho and sore particularly de- scribed as follow: Begfuning at the brass cap marking the S1/4 corner of said Section 1; thence North 89049'10" East 19024.04 feet, along the Southerly bound- ary of the maid SEI/4 of Section 1, which is also the center line of Cherry Lame, to m iron pin; thence North 19'53140" West 42.49 feet to an iron pin, also said point being the REAL POINT OF BEGINNING; thence North 19'53150" West 156.93 feet to an iron pin; thence North 22'24'40" West 2.45 feet to an iron pin; .thence South 89°49'10" West 96.94 feet along a line Northerly of and parallel to the said Southerly boundary of the SEI/4 of Section 1 to an i iron pin; f thence South 24'00'00" East 12.16 feet to an iron pin marking s point of curve; thence Southeasterly along a Curve to the right 28.27 feet, said curve having a central angle of 22'13'10", a radius of 72.90 feet, tangents of 14.32 feet and a long chord of 28.10 feet bearing South 12'53'25" East to me iron pin marking a point of tangent; thence South 1'46150" East 92.07 feet to an iron pin marking a point of curve; thence Southeasterly along a curve to the left 30.86 feet, said curve havinga central angle of 88'24'00" , a radius of 20.00 feet, tangents of 19.45 feet'and a long chord of 27.89 feet. bearing South 45'58'50" East to as iron pin marking a point of tangent; thence varth 89'49'10" East 117.15 feet. along a line 40:00 feet vorth- of e SE1/4 ely Of theapoin[parallel beSinning scomp[iryu sing0366acrey more orSless,of Section i a I OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON. JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Pol ice Chief GARY SMITH, City Engineer June 11, 1990 • NUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor To Whom It May Concern: Due to an error the Notice for Public Hearing for Linda Paddock scheduled for June 19, 1990 did not get published in the Valley News, this has been re -scheduled for Public Hearing on July 3, 1990 at 7:30 p.m.. We regret this error and are sorry if this has caused you any inconvenience. Sincerely, COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Chairman Zoning & Planning JIMJOHNSON 0 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on July 3, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho, from R-4 Residential to C -N (Commercial); the south 40 feet of this parcel is already zoned C -N (Commercial). The Applicant also requests a conditional use permit for the operation of Inchworm Day Care Center at the above property which is known by the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Application; the Applicant also proposes to use Lot 1, Block 2, Tedi Subdivision, which is zoned (C -N) Commercial for parking and a drop-off area for children coming to the proposed day care center. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this�� day of June, 1990. AMBROSE, FITZGERALD &CROOKSTON Attomeys and Counselors P.O. Box 127 Meridien, IEsho 83812 Telplwne8884181 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 19, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho, from R-4 Residential to C -N (Commercial); the south 40 feet of this parcel is already zoned C -N (Commercial). The Applicant also requests a conditional use permit for the operation of Inchworm Day Care Center at the above property which is known by the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Application; the Applicant also proposes to use Lot 1, Block 2, Tedi Subdivision, which is zoned (C -N) Commercial for parking and a drop-off area for children corning to the proposed day care center. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon requests Public comment is welcome and will be taken and heard. DATED this��)/ day of May, 1990. JACK/NIEMAN,DY, CITY CLERK AMBROSE, FITZGERALD B CROOKSTON Attorneys and Counselors P,O. Box e27 Meddlen, Idaho SW2 TelephoneSSSd41 • City of Meridian 33 East Idaho Meridian, Idaho 83642 T0: Honorable Mayor Grant Kingsford Members of the City Council 0 May 22, 1990 RE: Linda Paddock's request for Rezone & Conditional Use Permit Please find attached a revised plot plan for parking and play area for your consideration. Also find attached an Earnest Money to purchase additional property for proposed parking and play area. Your consideration of this new proposal and calling for a public hearing if necessary at the earliest convenience is appreciated. You will note as per the revised proposal that all customer parking is off of Cherry Lane. The only parking off of Crestmont will be for 5 to 7 employees. I believe this revised proposal will alleviate the concerns of the public and council regarding traffic congestion on Crestmont Dr. and customer parking for the day care. Your cooperation and timely response is greatly appreciated. Respectfully, Linda Paddock 0 MERIDIAN CITY COUNCIL MAY 15, 1990 PAGE #3 9 Boesiger: One other point on the single corner issue I would just like to reitterate that your plan doesn't say shall be a single corner only, but should be. We are likewise not interested in doing strip commercial. Kingsford: I really think that we would be looking at an amendment to the Comprehensive Plan. Korte: Explained Policy #2 & 113. Kingsford: Anyone else from the public who wishes to offer testimony. Being no response the Public Hearing was closed. Myers: It looks to me that we need to have a determination on the Comprehensive Plan. What's your recommendation on how we would go about changing that? Kingsford: I don't recall seeing anything in the Findings for the Planning & Zoning about this. Crookston: You could table it for additional Findings, you can table it on whether or not it is in compliance with the Comprehensive Plan. Kingsford: What's your opinion on the Plan Unit Development thing. Crookston: You have more control on Plan Unit Development. To go ahead with the options, you could grant it and then proceed with the Comprehensive Plan and amend it subsequent which is not preferable, deny it or table. Tolsma: We might look at conditional zoning. Myers: The Plan Unit Development sounds better to me. Kingsford: What about tableing it until they come forward with a plan, user? Crookston: I think in order to do that you would have to have a basis for denial. Kingsford: Couldn't we just table it. The Motion was made by Myers and seconded by Tolsma for the attorney to research the Comprehensive Plan and also on the conditional zoning. Motion Carried: All Yea: ITEM#2: PUBLIC HEARING: REZONE REQUEST WITH CONDITIONAL USE PERMIT FOR DAY CARE BY LINDA PADDOCK: Kingsford: I will ask Councilman Tolsma to preside over this, I live within the close proximity. Tolsma: I will open the Public Hearing, is there anyone present who wishes to offer testimony. 0 0 MERIDIAN CITY COUNCIL MAY 15, 1990 PAGE #4 George O'Connor, 1819 Crestmont Drive, was sworn by the attorney. O'Connor: Read a petition listing six items of opposition to this Day Care facility. There were 29 signatures on these petitions. Petitions are entered as part of the record and are on file in the Clerk's office. Jerry Phillips, 544 W. Cherry, was sworn by the attorney. Phillips: How many kids where they have there in the summer when school is out? Also if it goes through a sound barrier fence on the west side of the property , I'm just 70 ft. from that property line. Joni Rath, 631 Lawndale Drive, was sworn by the attorney. Rath: One of my concerns is how many kids are going to be there, the traffic problems, the noise. Meridian does need quality child care but not in a small home. Dixie Wood, 628 Lawndale Drive, was sworn by the attorney. Wood: Concerned about traffic, hopes the council will take the time to go out and take a look at the traffic. There are only 6 parking spaces also which is not enough. Guy Walker, 2555 Misty Drive, was sworn by the attorney: Walker: I am here representing Linda Paddock. We appreciate the P & Z recommendation, we would also like to address their concerns. One of the concerns was the parking lot redesign and I did provide the City a redesign of the parking lot. The redesign provides for 3 employees parking and the possibility of a fourth, room for six visitors across the front. One of the other concerns of the P & Z is the deed restrictions. After reviewing the deed we could find nothing on the deed that restricted the use of this property. Covenants - our interpretation of the covenants reading every other lot other than the lot that has been zoned. Only half of the lot has been zoned commercially , but the property has had a conditional use permit using the property as a commercial piece of property. The building is not built for residential use it is strictly built for a commerical project. A letter from Attorney Jack Riddlemoser was entered into the record. Cherry Lane is the only four laned road in Meridian which will help traffic go from Crestmont to Cherry. What better place can you have a day care than right at that area. The traffic is not a problem it is a concern. It will be completely fenced with a solid fence 6 ft. high. Giesler: On your new layout, they are still going to be backing out onto Crestmont. Is this existing structure to scale with the lot. Walker: Yes they would be backing out onto that street. No I wouldn't swear to that. Giesler: First you mentioned the shelter home being a business already at this location, first you have to realize that there would not be the amount of traffic with a shelter home than with a day care facility. Voiced real concerns with the traffic situation. I don't see how 35-45 kids can be in that small yard. Walker: I would have to confer with the client to see about restricting the number to be at the day care. There would not be 45 at one time out in the yard. MERIDIAN CITY COUNCIL MAY 15, 1990 PAGE #5 Yerrington: What would be the maximum age of children she would be caring for. Walker: Up to twelve years old. Yerrington: What would be the average age then? Walker: Probably 6 or 7. Yerrington: So that means in the summer time they could have 40 to 45 children there all day long, right? Walker: Possibly, yes. There is going to be one person for every ten children to supervision. Giesler: The 45 is the maximum she could have at one time. Sc if one child left another could come and fill that spot. Walker: No, you can only enroll 45. Giesler: As long as there is 45 there at one time, if one leaves then one can take that place I think. Crookston: I don't know what the requirements are for a Day Care Center. Myers: You can have 45 enroll but they may not all be there at the same time Walker: That's correct. Myers: The maximum you can have at one time and the maximum that are enrolled could be different. Walker: Yes. Tolsma: I agree with Mr. Giesler's comments. The traffic is already backed up getting out onto Cherry Lane. People cut accross the parking lot to get out on Cherry Lane. The traffic is a problem, I went over and watched the traffic flow. Walker: It sounds like the neighbors have a problem with Circle K. Dan Wood, 628 Lawndale, was sworn by the attorney. Wood: Had questions about the parking. There would have to at least five spaces for the employees if there were 45 kids there. When the Conditional Use Permit was issued it was with the intent that older people would be at the Shelter home without cars. A majority of the neighbors do not want this and I am opposed also. Tolsma: Anyone else to testify, being no response the Public Hearing was closed. Do we have to have new Findings on this? Crookston: .I think there have been enough issues raised that it's appropriate for new Findings. Myers: Most of the testimony tonight is about traffic conerns. The Motion was made by Giesler and seconded by Myers to have the attorney to prepare the Findings of Fact and Conclusions of Law. Motion carried: All Yea: E JACK C. RIDDLEMOSER ATTORNCY AT UW 112 E: Fairview P. O. 80% 372 MCRIDIAN. IDAHO 83642 PHONE 111111.1491 May 14, 1990 Ms. Linda Paddock 5112 Grover Street Boise, ID 83705 0 RE: Lot 2, Block 2, Tedi Subdivision, Meridian, Idaho Dear Ms. Paddock This is in response to your request for a review of the covenants on the subdivision in lightof your request for application to rezone the north half of lot 2 as commercial. This is based upon the following facts which have been related to me. The covenants provide that the south 40 feet of lot 2 shall be zoned commercial. -"Nothing is specifically referred to as to the north half of said lot 2. The covenants further provide that all other lots are to be residential or to be used for multiple_ units. I am further advised that an application for conditional use per- mit was applied for and granted in 1982 and in conjunction there- with a building was constructed on the north half of lot 2 for a shelter home, and was used as a shelter home until a few months ago. This building was placed on the lot almost eight years ago with no further incidents or objections being raised by any other lot owners in the subdivision. The granting of the conditional use permit and the building of the building on the north end of the lot as evidenced by visual inspection, the north half of the lot was in effect given the same status as the south half of the lot. The fact that the building has been built for all these years and used, any objec- tion to the building by any other lot owner would be barred by both the statute of limitations and latches. In my opinion this matter has been settled for some time. truly yours C. at Law JCiR/nr We the undersigned DO objet to Linda Poddock using the9operty at 1717 Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of Crestmont Drive and Cherry Lane serves a Circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the Circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor *41 and 13, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 Crestmont Drive do not have adequate parking. This would force the 5 employes workers at the facility to park their cars on the street, thus reducing visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, along with existing traffic flow, would congest this entrance to the subdivision excessively. NAME IPHONE (DATE (ADDRESS ----------- ------------------------------------------------------------- __----------- J I _-�--�-------- • We the undersigned DO objeoto Linda Poddock using the Aperty at 1717 Crestmont Drive, Meridian, for the purpose of "inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of Crestmont Drive and Cherry Lane serves a Circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the Circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor 11 and #3, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) Over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 Crestmont Drive do not have adequate parking. This would force the 5 employes workers at the facility to park their cars on the street, thus reducing visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, alone with existing traffic flow, would congest this entrance to the subdivision excessively. NAME - IPHONE JDATE JADDRESS �� �j�y� We the undersigned DO objetto Linda Poddock using the *perty at 1717 Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of Crestmont Drive and Cherry Lane serves a Circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the Circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor 11 and 13, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) Over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 Crestmont Drive do not have adequate parking. This would force the 5 employes workers at the facility to park their cars on the street, thus reducing visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for cars using this intersection each morning with existing traffic flow, would congest excessively. will generate 20 to 45 additional AND each evening. This, alone this entrance to the subdivision NAME IPHONE JDATE JADDRESS We the undersigned DO objecOLo Linda Poddock using the Operty at 1717 Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of Crestmont Drive and Cherry Lane serves a Circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the Circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor 01 and #3, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) Over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 Crestmont Drive do not have adequate parking. This would force the 5 employes workers at the facility to park their cars on the street, thus reducing visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, alone with existing traffic flow, would congest this entrance to the subdivision excessively. NAME IPHONE JDATE JADDRESS 9760 F - 1 3 7 9 LAu/NDfiCf .G7P�a-� FN We the undersigned DO objecloto Linda Poddock using the 100perty at 1717 Crestmont Drive, Meridian, for the purpose of "Inchworm" Day Care. We understand that three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. We have the following reasons for our decision: 1) The corner of Crestmont Drive and Cherry Lane serves a Circle K convenience store, which creates traffic dangers not normally present on other access street leading to Cherry Lane. The patrons of Circle K pull out on to either Cherry Lane or Crestmont Drive, sometimes not realizing that another drive is making a turn from one street to another through the intersection. Mr. Terry Jones, the manager of the Circle K estimates that he has 200 to 300 customers from the hours of 8:00 am to 9:00 am. 2) This intersection is also the ingress and egress route for the subdivisions, Meridian Manor #1 and 13, since it is the only way to get access to the traffic grid. 3) Pedestrian and bicycling traffic in the vicinity, usually children, would have increased danger. 4) Over the next several years one can expect the traffic on Cherry Lane to only increase as areas, to the west, already commercially zoned are fully utilized and more residential areas are built up. 5) The facilities at 1717 Crestmont Drive do not have adequate parking. This would force the 5 employes workers at the facility to park their cars on the street, thus reducing visibility near the intersection. Parents dropping their children off would be pulling out of the seven parking spaces which are available directly in to Crestmont Drive into line of traffic. Also, parents may decide to drive on down the street and use the residential streets or driveways for U-turns. 6) The 40 to 45 children being cared for will generate 20 to 45 additional cars using this intersection each morning AND each evening. This, alone with existing traffic flow, would congest this entrance to the subdivision excessively. NAME 1PHONE JDATE JADDRESS N 9 7✓ mill r,M po �I 3 ZA G mill r,M po 0 • DIO I • -v a. APRIL 23, 1990 Special Meeting of the APridian Planning & Zoning Commission called to order by Chairman Jim Johnson at 7:30 p.m. Mmbers Present: Moe Alidjani, Jim Shearer, Tim Hepper: Members Absent: Charlie Rountree: Others Present: Clay Walker, Linda Paddock, Ward Sinsel, George O'Connor, Wayne Crookston: Chairman Johnson: The Meeting is officially open we have several items, Findings of Fact and Conclusions of Law: Item #1: Findings of Fact & Conclusions of Law on application of Shirley Persons for a Conditional Use Permit: Chairman Johnson: You have all read this document, are there any questions of the Camiission? There were none. The Motion was made by Alidjani and seconded by Shearerthat the Meridian Planning & Zoning Ca:mission hereby adopts and approves the Findings of Fact & Conclusions as prepared by the City Attorney: Motion Carried: Roll Call Vote: Hepper, Yea: Shearer, Yea: Alidjani, Yea: The Motion was made by Alidjani & Seconded by Shearer that the Meridian Planning & Zoning Ca[mission hereby rends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: Item #2: Findings of Fact & Conclusions of Law on Rezone & Conditional Use Permit for Linda Paddock: Chairman Johnson: You have all read the Findings, are there any questions or comments? There was no response: The Motion was made by Shearer & seconded by Hepper that the Meridian Planning & Zoning Commission hereby adopts & approves the Findings of Fact & Conclusions as prepared: Motion Carried: Roll Call Vote: Hepper, Yea: Shearer, Yea: Alidjani, Yea: The Motion was made by Shearer & seconded by Hepper that the Meridian Planning & Zoning Ccomission hereby recommends to the City Council of the City of Meridian that they approve the Rezone & the Conditional Use Permit requestedby the Applicant for the property describe in the application with the conditions set forth in the Findings of Fact & Conclusions of Law & that the property be required to meet the water & sewer requirements, the fire & life safety codes,the Uniform Building Code, & other Ordinances of the City of Meridian; Additionally it is recommended that the Applicant be required to redesign the parking lot and provide proof that the use of the property does not violate covenants of the subdivision or any deed restrictions applicable to the property..The Conditional Use should be subject to annual review upon Notion by the City. Motion Carried: All Yea: AMBROSE, FITZGERALD L CROOKSTON Attorneys and Counselors P.O. Boz 427 MwIdten, taro SW2 Tatephone8884461 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LINDA PADDOCK REZONE AND CONDITIONAL USE PERMIT 1717 CRESTMONT DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing April 10, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Guy Walker, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 10, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 10, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the. Applicant has an agreement to purchase the AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Bos 427 Meridian, Idaho Bawl Telephone 559414151 0 0 property which property is described in the application which I description is incorporated herein; that the property to the south is zoned C -N and is used for an insurance office and I another parcel of property to the south is a vacant lot and is j zoned C -N; that one parcel of property to the east is zoned C -N and is used as a convenience store and other parcels to the east i are duplexes; the property to the west is used predominantly for single family dwellings; the property to the north is used for multi -family dwellings. 3. That approximately one-half of the property is already zoned Neighborhood Commercial and one-half is zoned R-4 Residential; that the Applicant requests that the portion zoned R-4 be rezoned to C -N; that both of the zones require a conditional use permit for the operation of a day care center caring for thirteen (13) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the C -N District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (C -N) Neighborhood Business District: The purpose of the -NDistrict is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian and shall not constitute all or any part of a AMBROSE, FITZGERALD &CROOKSTON Attorneys Intl Counselors P.O. Box 427 Meridien, Idaho BBB42 Telephone OBB-4461 0 0 strip development concept. 5. That the property is contained in the CAIRNS neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: "Definition: Tie neighborhood is a residential area with uni orm characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 6. T`at the use proposed by the Applicant is set forth above and the Applicant proposes to care for 45 to 50 children and indicates that she will be state licensed. 7. That the day care use proposed by Applicant is an allowed conditional use in the R-4 or the C -N districts if it does not violate subdivision covenants or deed restrictions; that Guy Walker, representative of the Applicant, stated at the hearing that there were no covenants applicalbe to the property but no evidence was submitted to substantiate that nor did the Applicant state in her Application that her use would not violate subdivision covenants or deed restrictions. 8. That the subject property is presently vacant but has been used in the past as a shelter home for the elderly and for those in need of supervised care; that the structure on the premises is designed as a single-family dwelling; that the property is fenced; that the property has no irrigation canals or facilities on the property; that there are no visible AMBROSE, FITZGERALD QOROOKSTON Attorneys and Goen"Ion P.O. Boa 427 MMId1an. Idaho 03642 Tahpho1M aw"al 0 9 hazardous areas on the property. 9. That the property does not have immediate direct access to a transportation arterial or collector but is only approximately 110 feet from Cherry Lane which is a principal arterial and the property has good access to Cherry Lane; that vehicular access should not be a problem and the proposed use does not require greater access to a collector or arterial. 10. That sewer and water is already connected to the property, but the use may require additional charges or fees. Also, the City Engineer submitted comments which are incorporated herein as if set forth in full herein; that the comments specifically address, in addition to the possible increase in water and sewer fees, the need for off-street parking and screening of the parking from the adjacent residential developments. 11. That the applicant was not required to obtain the signatures of owners of lots within 300 feet of the subject property showing approval of the application if the rezone is granted since the conditional use would not be a residential district; if the rezone is not granted, but the Applicant still desires to operate the day care center, the Applicant would have to submit the required approvals. 12. That there was testimony submitted in opposition to the application; that the objections centered on requesting that the area maintain its peaceful and quiet residential character, concern over the possible increase of traffic in the adjacent residential areas, and concern over the possibility of increased AMBROSE, FITZGERALD 6 CROOKSTON ABom *end Cou Iore P.O. Box 427 Meridian, Idaho 83612 Te epllone 8884181 • • noise from the day care, all of which may reduce property values. That there was one individual testifying in favor of the Application and he owned the property to the immediate south of the subject parcel which is used for his insurance office. He testified that he did not think that the traffic would be a problem and thought the application should be granted. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; and 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; that the City of Meridian has authority to place Conditions upon granting a zoning amendment. AMBROSE. FITZGERALD d CROOKSTON Anom *Wd Coun"I m R.O. Box 427 MWWW,WNo 630112 TN"hl 81104"i 0 0 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic should not increase significantly because of the proposed day care center. e. The property has sewer and water service already connected. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application will have to be redesigned to meet the requirements of the City ordinance. AMBROSE, FIT2GERALD 6GROOKSTON Mimmys Md OGYOMI011 P.O. Box 127 MaddIM, MMIo 89842 TSMP""8881181 0 i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11- 2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 7. That 11-2-416 ( K ) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: ( a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. ( b ) The area is in the CAIRNS neighborhood which is designed for residential and other uses which support residential needs and a mix of those uses and a rezone of the subject property is in line with that designation. ( c ) The area included in the proposed zoning amendment was not apparently intended to be developed in the fashion that would be allowed under the new zoning but the fact that the other one-half of the lot is already zoned C -N indicates the new zoning would not be contrary to the allowed uses in the area and would be in line with existing adjacent developments in the area. 0 0 ( d ) The access to Cherry Lane is good and Cherry Lane is close enough to meet the requirement of the C- N district that land zoned C -N have access to a collector or an arterial and thus the property lends itself to a rezone. ( e ) That the property is designed and constructed to be harmonious with the surrounding area. ( f ) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. ( g ) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is completed. ( h ) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. ( i ) The proposed use should not involve any detrimental activity to any person's property or the general welfare. ( j ) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. ( k ) That this rezone w i 1 1 not result in the destruction, loss or damage of any natural or scenic feature or major importance. ( 1 ) T`e proposed zoning amendment is in the best interest of City of Meridian. 8. It is further concluded that the comments, recommendations and requirements of the City Engineer will have to met and complied with. AMBROSE, FITZGERALD 6 CROOKSTON Attorneys end Odunelors P.O. Boz 427 Meridien, Idaho &7642 Teerpoorie 8664461 AMBROSE, FITZGERALD B CROOKSTON Attomsys and Counnim F.O. Bok 127 MMdbn, MNc 81612 yw*" na 88""1 0 0 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 HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND RECOMMENDATION VOTED VOTED VOTED VOTED VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone and the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. Additionally it is recommended that the Applicant be • VY • required to redesign the parking and provide proof that the use of the property does not violate covenants of the subdivision or any deed restriction applicable to the property. The conditional use should be subject to annual review upon motion by the City. MOTION: APPROVED: AMBROSE, FITZGERALD B CROOKSTON Attome" and Counselors R.O. Bos 427 MRldlan, Idaho SW2 Teteplwne 8694461 MERIDIAN PLANNING & ZONING • • APRIL 10, 1990 PAGE #3 Johnson: Anyone else from the public that wishes to comment? Being no response the Public Hearing is closed. The Motion was made by Alidjani and seconded by Hepper to have the City Attorney prepare Findings of Fact & Conclusions of Law on this request by Shirley Person. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to have the recommendation for approval be prepared and the approval conditioned on resolution of setback requirements and paving. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REZONE REQUEST W/CONDITIONAL USE PERMIT BY LINDA PADDOCK: Johnson: I will now open the Public Hearing, is there anyone_present_who wishes to offer comments, if so please come forward and be sworn. George O'Connor, 1819 Crestmont, was sworn by the attorney: O'Connor: I have been a resident at the corner of Crestmont and Lawndale Drive for about 10 years and a homeowner there for 32 years. I like the quiet and peaceful neighborhood there. I am right now concerned about the additional traffic. The traffic on Cherry Lane will only increase as Commercially utilized and more residential homes are being built. Shearer: This has a fully fenced yard with a locked gate and so on. It was a shelter home prior. O'Connor: I would imagine that a Day Care is going to require a lot more traffic than a Nursing Home. I am concerned about the traffic flow. Johnson: Is there a representative from the applicant that would like to testify? Guy Walker, 2555 Misty,.was sworn by the Attorney: Walker: I am representing Linda_ Paddock, she has respectfully requested a rezone for the lot that she is purchasing. The south half of that lot is already zoned commercial and she is requesting that the north side of that same lot be, zoned commercial. She is also requesting a Conditional Use Permit at the same time. I'd like to address a few concerns that the City had. The City --Engineer has made an estimate which we certainly respect his estimation, regarding the water -usage on this particular property. We'd y r estimate and some of the _reasons why, we have come upkwith uthese aestimates-nsuchras_-there will be no bathing of the children orwashing of any laundry at this facility. We feel like we would like to have some consideration given to the estimate of 20 gal. per child. Another -issue, on screening and fencing we are certainly willing to comply on that issue. We will you with a detailed drawing of the.proposed sign prior -to the issue of the Conditional Use Permit. On parking, in answer to your question, there will be one _van and five employees including the owner Linda Paddock, we should have adequate parking available.Regarding the issue of traffic, 1 -have been involved in other Day Care Centers prior to this one and also having my own child at a Day Care, we have _found `that ,the bulk _of the traffic is going to be arriving at that Day_ Care early in the morning anywhere from 7:00 MERIDIAN PLANNING 6 ZONING • • APRIL 10, 1990 PAGE N4 A.M. to 8:30 A.M. at the latest in the mornings, then there will be no traffic basically for the rest of the day, the only other traffic will be the bus taking children to and from school so we are talking one van. The traffic at night will mostly be coming in after 5:00 P.M. picking up there children it does space out, I don't feel this will be a problem. I feel that this is an ideal location to have a Day Care, it's not deep into the Residential Area. We will be fencing the yard with a fence that is solid, 6 ft. tall so that it does create buffers for the neighbors around. Johnson: Anyone from the Commission have any questions for Mr. Walker? Rountree: Do you propose any change in the parking lot or circulation in or about the facility to accomodate better traffic movement? Walker: We could certainly address some parking that would be designated specifically for clientel, so that they could pull in to pick up their children. That particular area there is no trees or hedges to prevent good vision both up and down the street. Rountree: Your application states there will be anywhere from 40 to 50 children babysat at the sight and you also indicated that most of the traffic is generated in the early morning pressumably during the going to work time. What's going to happen when 40 or 50 parents show up in a 15 to 25 minute range at the same time. Walker: Not each person is just going to have one child go there. The average is going to end up being around thirty cars, these thirty cars are going to spread out over a 30 or 45 minute period which is normal. The parents are there maybe two minutes when picking up their child. Consequently we find that you are going to have maybe at the maximum three or four cars there at the same time. The staff is only going to have two parking spots taken. A circular could be achieved, but then you would only have three parking spaces that would be for the staff and for the van. Crookston: Is this a Mate LicensedDayZare? Walker: She will be, yes. Crookston: Are there any subdivision covenants that apply to this. Walker: No. Johnson: Anyone else present to testify. Joan Rath, 631 Lawndale, was sworn by the attorney. Rath: I feel that is a very poor spot to put a Day Care Facility. I think that Meridian needs a Day Care -center but that='s not the place far It. --There is a — tremendous amount of kids going to and from that Circle -K. Store. There is a bus stop just one house down from this where kids wait.- There is a -near accident- every morning and evening from cars pulling out from the Circle K. onto that street. Are all these cars looking for those kids waiting at -the bus -stop or walking to and from that store. The yard area is not that big, I can't imagine how that many kids are going to go out and -play. From where we live there_is_B1ot,of- noise _that comes from Cherry Lane, I can -imagine -what kind of noise increase we are going to get with a bunch of kids outside. I have to wonder if our property value is going to be worth that much with that much noise. MERIDIAN PLANNING & ZONING APRIL 10, 1990 PAGE #5 Alidjani: Exactly how far away are you from this Shelter Home' Rath: We are three houses down on Lawndale. Johnson: Anyone else present who wishes to testify? Jerry Mortinson, 4045 Green Meadows Drive, was sworn by the Attorney. Mortinson: I have an Insurance Agency right next door to this location. I feel that the traffic has never been a problem to me. I have been there about 10 years and I arrive at work anywhere from 7:30 to 8:15 A.M. This is a Commercial Site. I think it would be a great addition and I would like to see it receive the Use permit and the Zoning. Rountree: Do you access your property off of Cherry Lane or off of Crestmont? Mortinson: Off of Crestmont. Crookston: Are there irrigation facilities on your lot or on the subject property? Mortinson: No. Johnson: Anyone else from the Public? Being no response, I will close the Public Hearing. Incidentally, Item #9 has been cancelled. Rountree: It seems to me that there is not sufficient parking right now at this sight. Johnson: It's large enough to put two vehicles end to end and not be out in the street. Perhaps with some redesign or restriping they, could more efficiently use that. Shearer: It would be an opportunity tokeepa building from not setting empty and I think everytime we have a Day Care Center come up that there is opposition. I think that building is -well suited.for--what they -planning. The Motion was made by Shearer and seconded by Alidjani to have the Attorney to prepare the Findings of Fact &--Conclusions of-Law-imi-this-pra3ect - - - Motion Carried: All Yea: Johnson: Is there a recommendationforthe Council.- -- -- Hepper: I would like to see a redesign of the parking lot before we pass on a recommendation. Johnson: At this point .there will be no recommendation made as the Council. ITEM #4: PUBLIC HEARING: REZONE REQUEST BY SHARON OLSON: Johnson: Is there a representative present who would like to testify. I will now open the Public Hearing. Sharon Olsen, 807 E. Washington, Boise, was sworn by the Attorney: City of Meridian Attn: Jim Johnson 33 East Idaho Meridian, Id. 83642 Dear Mr. Johnson, 4/11/90 I am respectfully requesting a special meeting of the Planning and Zoning Commission regarding my application for Conditional Use & Rezone. This special meeting is to obtain the results of the fact finding and conclusion requested by the commission. Time has become of essence for me due to the length of time transpired since purchasing the property and application to obtain a Conditional use permit for the daycare. Delays are causing me considerable financial losses. Your consideration for a special meeting by the 23rd of April, 1990 will be greatly appreciated. Respectfully, Linda Paddock LINDA PADDOCK REZONE REQUEST W/ CONDITIONAL USE PERMIT FOR DAY CARE 1717 CRESTMONT DRIVE COMMENTS 1: ADA COUNTY HIGHWAY DISTRICT: NOTHING RECEIVED: 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: WILL REQUIRE PLANS SUBMITTED FOR REVIEW ON DAY CARE CENTER: 3: NAMPA MERIDIIAN IRRIGATION: ALL LATERALS & WASTE WAYS MUST BE PROTECTED, DRAINAGE MUST BE RETAINED ON SITE: 4i: CITY ENGINEER: SEE ATTACBED: 5: ,POLICE DEPARTMENT: NO PROBLEMS 6: BUILDING DEPARTMENT: NO OBJECTIONS: 7: ADA COUNTY HIGHWAY DISTRICTS COnvENTS ATTACHED: 8: PUBLIC HEARING HELD APRIL 10, 1990 BEFORE THE PLANNING & ZONING COMMISSION, FINDINGS OF FACT TO BE PREPARED: 9: PLANNING & ZONING COMMISSION APPROVED THE FINDINGS OF FACT & CONCLUSIONS OF LAW AT MEETING HEIR APRIL 23, 1990 & REIXMMVDED THAT THE CITY ODUNCIL APPROVE THIS REQUEST W/ CONDITIONS: (OOPY OF FINDINGS ATTACHED: 10: LETTER RECEIVED FROM KATHERINE CARON OWNER OF 511-517 LAWNDALE OBJECTING TO THIS REQUEST: (LETTER ATTACHED:) a �IIIIIII IIIIIIIII�IIIIIIIII N - U►. 3 M3 -� tiff, RD -,od IQ D d D 33 �i �'ii ►g� C ►� + 7o 3 s y � D t• cr R-3 nn fn 3 a 11 •n. r % P lap r1 err Its, Li In 3 °�i ��► EQ�v fin m �. v" O CO N( N 7m6 O N N 11 N - m�3 m s o 3^ r N o • r • ems- • .,. Y - • Y t • • • Y • r • ADA COUNTY HIGHWAI DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 To: From: Subject: Ada County Highway District Commission Date: Development Services Inter -Department Correspondence March 29, 1990 MERIDIAN - REZONE & CU 1717 CRESMONT DAY CARE CENTER (Linda Paddock, 5112 Grover, Boise ID 83705 - 344-7346) FACTS & FINDINGS 1. Linda Paddock requests a rezone to C -N (Commercial) and conditional use permit to allow operation of a 45-50 child day care center in an exist- ing building. 2. Cresmont Street has 55 -feet of right-of-way (which is adequate), and is fully improved. Requirements are provided to Meridian Planning & Zoning as conditions for compliance. .STANDARD REQUIREMENTS: 1. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. STAFF SUBMITTING: John R. Stolley, P.E. MERIDIAN.02/ZTR. DATE OF COMMISSION APPROVAL: 4-05-90 i 14194 NOTICE OF HEARING ` NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on May 15, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho, from R-4 Residential to C -N (Commercial); the south 40 feet of this parcel is already zoned C -N (Commercial). The Applicant also requests a conditional use permit for the operation of Inchworm Day Care Center at the above property which is known by the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Application. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this 24th day of April, 1990. >: a AMBROSE. , > FITZGERALD v ILCROOKSTON Attorneys and Couneelm P.O. Box 427 MONANin. WIAO .N, Telephone BBN"/ Ja Ja Avk 4x x r m • n • n • JL • 5 15 4 ii -7" 7 Of 1 b r � Y _ Air _ I J � "JdlB �V�103W A9N11�AOVLlB ®i '•1 Z f O S 9 61 -- byo 3ltlG�.MtlI t B1 r LI 12 03 61 91 tl 91 FO2 91 91 9 D s 81 •3Atl 1SOA• • Z© al £1 9. i O ,zl fl: O] O u F it O a oz f 1i 6•` 0 bZ 11 b a Mrd, A3HONIl9 i ouy r 0 u 9z 01 i 9 f b S 9 Z I. r cn .01 Z t 9 6� 9 1 - ZI 11 f Bz LZ E a G fL� II ® 9 ♦ 9 9 t �I e u Y bl 6 8 y '3AV k3dolS t yl 6 Y 91 01 zi PvS 9tie i'� � s I L3 9z 9,8 bz 61 bi £1 ZI II 01 v 81 61 z£ 01 6 ao 83lyAlbN�. £ Of 91 a (180JON0'l )OZ 1£ "= z - 8 L 9 6 01 II ZI �I m IZ mof F f V ZZ LI L z I m —62 b- 81 � aU ODx N 6 - ANG'ddll r^ £Z D az S 8 m u 01 6 Oz 61 0 119 ZI £I bl SI 91 bZ L2 m 9 t e s of II 9 L L O z1 9 g EI m 6 g �tjp 9 b £ Z I'D5Z C 9z NO b ® 9i SI bl £I z £ Z z1 N0088M0'1-lIM 01 01 6 6 I I L2 9 2 rn 2 zb IL of a 01 6 a t ADA COU?TY HIGHWA DISTRICT 318 EAST 37T14 STREET BOISE, IDAHO 03714 Inter -Department Correspondence To: Ada County Highway District Commission Oate: March 29, 1990 From: Development Services v \O b� Subject: MERIDIAN - REZONE & CU 1717 CRESMONT DAY CARE CENTER (Linda Paddock, 5112 Grover, Boise ID 83705 - 344-7346) FACTS & FINDINGS: 1. Linda Paddock requests a rezone to C -N (Commercial) and conditional use permit to allow operation of a 45-50 child day care center in an exist- ing building. 2. Cresmont Street has 55 -feet of right-of-way (which is adequate), and is fully improved. Requirements are provided to Meridian Planning & Zoning as conditions for compliance. STANDARD REQUIREMENTS: 1. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: John R. Stolley, P.E. MERIDIAN.02/ZTR. 4-05-90 Rezone # 1. CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET 2. 3. _ 4. 5. 6. We have no objections to this proposal. Return to: Boise Fag] e Meridian _ Kuna ACZ We recommend denial of this proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. We will require more data concerning soil conditions on this proposal before we can convent. 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. We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. —A We can approve this proposal for: Central sewage Interim sewage _Individual sewage _ Ccmmuiity sewage system andCentral water Individual water _ Community water well. 8. Plans for X Central sewage Ccnmunity sewage system _Sewage dry lines, and Central water m _Co unity water must be subndtted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval.. 11. _ If restroan facilities are to be installed then a sewage system MUSP be installed to meet. Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan review forLuy- t)(beverage establishment)(swimning pools or spas)(grocery store), �('nR e L'?i 4ele 13. a'►`^'-� ,( A -ate.- 3-16-90 Reviewed by I-bte r ''- -n1 ,F br fD w.x rno X00 o •m brt a m w m n r N o W C r• c N p• N n n M w w O w a a n n a m o m v m n m a n a r n N Y• �t w rt pp Y• fo rt a o w Ic Y• w N wG 0 r ° N W 9 x c C YG• o N c N rt N rt n 0 o v ,.• - a m c � m m I w o W Y• rt w a m O m n o a a Y• 9 rt r fD r r imp M• 12 52 s Y • t. i t• • • : • _ • • ''- -n1 T i G •rJ � iD Om X00 ti• imp M• 12 52 s Y • t. i t• • • : • _ • • �11111111111111111�111111111 we F K AV • EEn. � i • Y • 0 • Y • r ko �6 0 0 EEn. � rr r 0 r ko �6 0 E � �6 ORDINANCE NO.t=' AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION NORTH OF THE SOUTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-4) Residential to (C -N) Commercial, for the below described parcel: All that portion of Lot 2, Block 2, Tedi Subdivision North of the Southerly 40.00 feet of Lot 2, Block 2, Tedi Subdivision, Meridian, 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 aforementioned real property which is described as follows: All that portion of Lot 2, Block 2, Tedi Subdivision North of the Southerly 40.00 feet of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho. be, and the same is rezoned from (R-4) Residential to (C -N) Commercial, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. AMBROSE, FITZGERALD B CROOKSTON allorneysand Coonsslms P.O. Boz 127 MMdlan, Idaho !3542 Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, •' __ I-fJA ,__ --1�4 i 1990. ST: AMBROSE, FITZGERALD B CROOKSTON ARomays and Counselors P.O. Boa 027 Meddle., Idaho 833642 TeWpnone $864451 STATE OF IDAHO,) ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled RAN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS ALL THAT PORTION OF LOT 2, BLOCK 2, TEDI SUBDIVISION NORTH OF THE SOUTHERLY 40.00 FEET OF LOT 2, BLOCK 2, TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. , by te City Council d Mayor of the City of Meridian, on e 277 h day OT -:::j , 1990, as the same appears in my office. _T DATED this day of 1990. STATE OF IDAHO, ss. County of Ada, City Clerk City of Meridian Ada Count_, Idaho On this J_ �� day o , 1990, before me, the unders'(gn"ed, a Notary u is in an for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ c o�UBL� '�441111.a\ (SEAL) AMBROSE. FITZGERALD &CROOKSTON Atltn and Coonselon P.O. So. 427 IMddlen, Idaho !2642 iItphona8884461 o ary Public or a o e iding at Meridian, Idaho commission expires 4/i/93 _ � p I � � 00 • e 2 Z �dl H S 111 E v a I k_ y� 3 4 li w 3 a o v z ao N-- � es ;llp' mu r—- ='bt e. OO N SO Z tV � a a � nB T3itl_xCi <DdP � Ivf uvw'i H� l�vrit- Y Ya�.n B--�tl'sti _jtl uau •a.as•s� _ s A2 an - 99 196�B0 ,mi � � a J `• — �I� = 031lo ierJn ,yA'AO• / / p'a _ � 0.1 09 �f t Mp4 ,+w 9 „s c9 8• a "N _ Y .au "OC* N.I°46'50"W, 10201 0°• a 3 �bY µ sj1!Ig O 3 d 'p •� 01•p� •+W/ pp 03ilO�dnn o n / :..od/ Op•�. 155 3 a tn N19.8a rg'":'-!'Tr'-' y e I 2 i K rI a �r u9G�p,rge... V • U • ADA COUNTY HIGHWAY DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 To: From: Subject: Ada County Highway District Commission Date: Development Services Inter -Department Correspondence March 29, 1990 MERIDIAN - REZONE & CU 1717 CRESMONT DAY CARE CENTER (Linda Paddock, 5112 Grover, Boise ID 83705 - 344-7346) FACTS & FINDINGS: 1. Linda Paddock requests a rezone to C -N (Commercial) and conditional use permit to allow operation of a 45-50 child day care center in an exist- ing building. 2. Cresmont Street has 55 -feet of right-of-way (which is adequate), and is fully improved. Requirements are provided to Meridian Planning & Zoning as conditions for compliance. STANDARD REQUIREMENTS: 1. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. STAFF SUBMITTING: John R. Stolley, P.E. MERIDIAN.02/ZTR. DATE OF COMMISSION APPROVAL: 4-05-90 CENTER SEC I S. E. 1/4 S E144 C. 1, O Y O aT \ I" 19LK `I B ELK' 1 ) n t' a WILLOW BROOK - .° ...DR/y E' ary a.tK. e!."la a is •' , ' T� . V', z• ftyoi- *TIFFANY DRIVE i az w - e „"oj�.�A 1♦ -('v -..'l a n. �/•�YL '• • y' � eL.rK off._ w. �cLONGFORD DRIVE,•..,/ �a •4NMER DRIVE ° e. 21 a Z 1B Y AVE.12 „ �; l - .e ° w ° .,• Q �wl`2' 98fy �•. �` • ,� r t y N6NEYIt INON to H'•=:' Ii e'W Q .i '.AZ /5 110=0-' :.��; :,�:17 AVE. '• J:a%� .r "� ."'�•'-a, 17 Y a - z �1.�y: A . Y4i ie ty a 'LAWN 1 I i ^r' • an a wt + ' �•1D, fn 3�1n 3, '..I Y ,•two .. i. . 7 �'.i •� ' � { `� tl If •�� ?T y," s IM —S.//4 CORNER SEC I OERIDi � cu 45 R, 0Ac ---CHER, • SEP IS 1_24 SEP 181981 124 ' ORDINANCE NO. 235 AN ORDINANCE REZONIN(: CERTAIN REAL PROPERTY WHICH IS SITUATED IN THE S16 OF THF' SVA OF THE SE/4, SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, AND ALL OF BLOCK 7 AND THE NORTH 136.0 FEET OF BLOCK 6 OF THE AMENDED PLAT OF F. A. NOURSE'S THIRD ADDITION TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. i yak a /➢- WHEREAS, the City Council and the Mayor of the City of Meridian, have Gon- d that it is in the best interest of said City to rezone certain real property is described as follows: Parcel 1: A parcel of land lying in the S'/z of the SW% of the Sr/a, Section 1, T. N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the brass cap marking the SYS corner of said Section 1; thence N. 89o40'10" E., 672.20 feet along the Southerly boundary of the said SES. of Section 1, which is also the center line of Cherry Lane, to an iron pin; thence N. 1046150" W., 40.02 feet to.the real point of beginning; thence N. 1046150" W., 109.98 feet; thence N. 89049'10" E., 80.00 feet; thence S. 1046150" E., 109.98 feet; thence S. 89049'10" W., 80.00 feet to the real point of beginning. �I� Parcel 2: The Southerly 40 feet of the following described property: �.1ry .b A Parcel of land lying in the S'h of the SV/� of the SES;, Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: 9� Beginning at the brass cap marking the S'/4 corner of said Section 1; thence North 89040'10" East 672.20 feet along the Southerly boundary of the said SEl. of Section 1, which is also the center line of Cherry Lane, to an iron pin; thence N. 1046'50" W., 40.02 feet; thence N. 1046150" W., 109.98 feet; thence N. 89o49110" E., 145 feet to the real point of beginning; thence S. 89o49'la, W., 145 feet; thence N. 1046'50" W•, 57.55 feet; thence N. 82000100" W., 120.24 feet; thence S. 22024'40" E., to the real point of beginning. Parcel 3: All of Block 7 and the North 136.0 feet of Block 6 of the Amended plat of F. A. Nourse's Third Addition to the City of Meridian, Ada County, Idaho. NOW THEREFORE, BE IT ORDAINED BY THF MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the following described property: Parcel 1: A parcel of land lying in the SY2 of the SWA of the SIVi. Section 1, T. 3N. R. -1W., B.M., Ada County, Idaho, and more particularly described as follows- - Beginning at the brass cap marking the SX, corner of said Section 1; thence N. 89040'10" E., 672.20 feet along the Southerly boundary of the said SES of Section 1, which is also the center line of Cherry Lane, to an iron pin; thence N. 1046'50" W., 40.02 feet to the real point of beginning; thence N. 1046'50" W., 109.98 feet; thence N. 8949'10" E., 80.00 feet; thence S. 1046150" E., 109.98 feet; thence S. 89049'10" W., 80.00 feet to the real point of beginning. Parcel 2: The Southerly 40 feet of the following described property: A parcel of land lying in the SSS of the SVI{, of the SEi4, Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the brass cap marking the Syn corner of said Section 1; thence North 89040'10" East 672.20 feet along the Southerly boundary of the said S44 of Section 1, which is also the center line of Cherry Lane, to an iron pin; thence N. 1046'50" W., 40.02 feet; thence N. 1046150" W., 109.98 feet; thence N. 89049'10" E., 145 feet to the real point of beginning; thence S. 89049'10" W., 145 feet; thence N. 1046150" W., 57.55; thence N. 82000100" W., 120.24 feet; thence S. 22024140" E., to the real point of beginning. Parcel 3: All of Block 7 and the North 136.0 feet of Block 6 of the Amended plat of F. A. Nourse's Third Addition to the City of Meridian, Ada County, Idaho. be rezoned "C" Commercial. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 5th day of March, 1973. Attest: 4L City erk 1=.A Th.;e< F�nian/IPd P/alt ('od.f eK' --.3-7-73 ffd:L" �i✓:��. �, J.73 3 -7.73 ---ted Ncpaer s-4-7 --- R ED: Mayor 3 0-93 F F• r� mat t, �t t i1: 7 Meridian, Idaho December 11, 1972 Mayor City Council Planning and Zoning Commission City of Meridian Meridian, Idaho Gentlemen: This is to request that the attached described real property be zoned "C" Commercial. Further, it is requested that Parcel 1 be given a special use permit for the purpose of operating as a self-service gasoline Station. Very truly yours, Meridian, Idaho 83642 Parcel 1 Parcel 2: All—the -fnilocsing_ta be--zMed _"G". Cnunnercial, _ Description of proposed Lot 1, Block 2, Tedi Subdivision: A parcel of land lying in the SZ of the SW'k of the SEk, Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the brass cap marking the S4 corner of said Section 1; thence N. 89040'10" E., 672.20 feet along the Southerly boundary of the said SEk of Section 1, which is also thecenter line of Cherry Lane, to an iron pin; thence N. 1°46'50" W., 40.02 feet to the real point of beginning; thence N. 1°46'50" W., 109.98 feet; thence N. 89°49'10" E., 80.00 feet; thence S. 1°46'50" E., 109.98 feet; thence S. 89°49'10" W., 80.00 feet to the real point of beginning. Description of the S. 40 feet of proposed Lot 2, Block 2, Tedi Subdivision: The Southerly 40 feet of the following described property: A parcel of land lying in the SZ of the SW'k of theSE'k, Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the brass cap marking the Sk corner of said Section 1; thence North 89040'10" East 672.20 feet along the Southerly boundary of the said SEk of Section 1, which is also the center line of Cherry Lane, to an iron pin; thence N. 1°46'50" W., 40.02 feet; thence N. 1046'50" W., 109.98 feet; thence N. 89049'10" E., 145 feet to the real point of beginning; thence S. 89049'10" W., 145 feet; thence N. 1°46'50" W., 57.55 feet; thence N. 82000'00" W., 120.24 feet; thence S. 22024'40" E., to the real point of beginning. Parcel 3: All of Block 7 and the North 136.0 feet of Block 6 of the Amended plat of F. A. Nourse's Third Addition to the City of Meridian, AAa Cniinty, Tdah AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telepoone8884461 a • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on April 10, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho, from R-4 Residential to C -N (Commercial); the south 40 feet of this parcel is already zoned C -N (Commercial). The Applicant also requests a conditional use permit for the operation of Inchworm Day Care Center at the above property which is known by the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Application. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this day of March, 1990. JACK/NIEMANpr, CITY CLERK CITY Of• MthfUTAN "Hub of heasure Valley" • 33 E Idaho • Meridian, Idaho 83842 8884433 Customer's 19 Order No. Date Name c Address Phone: SOLD 6Y CASM C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT CC r Nr D 1 I I I I 1 I b d� C4 ee� I I I I I I I I I I rut cwmo Dad rNurnod. Dodo MUST b occom o 16tt wu•- TAX TAX 005017 mg TOTAL 160 10 o APPLICATION FOR ANNEXATION APPROVAL 6 ZONING g Meridian Planning & Zoning SS Filing Information I. GENERAL INFORMATION Tedi Sub. (Proposed Name of Subdivision) 1717 Crestmont Dr., Meridian, Id. (General Location) Block 2, Lot 2, Tedi Sub. (Legal Description - attach if lengthy) SOUTH FORTY FEET OF THIS LOT IS ZONED CN COMMERCIAL: REQUESTING THE NORTH PORTION OF THIS LOT 2 BLOCK 2 OF TEDI SUBDIVISION BE REZONED C -N COMMERCIAL 5 /3 A TO ALLOW A CHILD CARE CENTER (Owner(s) of Record) (Name) (Telephone No. ) (Address) Linda Pau�ock, 5112 Grover St., Bcise, 2 No. ) (Address) (Engineer, Surveyor or Planner) (Name) (Telephone No. ) (Address s) Requiring Approval) Residential & Comm--rcial (Type of Subdivision -Residential, Commericial, Industrial) g 50 Acres of Land in Contiguous Ownership. (Accepted By:) (Fee) 0 • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Linda L. Paddock PHONE 344-7346 ADDRESS; 5112 Grover St, Boise, Id. 83705 GENERAL LOCATION: off Cherry Lane DESCRIPTION OF PROPOSED CONDITIONAL USE: "Inchworm" Day Care Center Square footage would allow for approx. 45 - 50 children in compliance with State requirements of 35 Sq. ft. per child. ZONING CLASSIFICATION: R-4 PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circu- lation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on Feb. 13, 1990 at 7:30 The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by T,i„da T,_ Paddnrk for the property generally described as located at 1717 Crestmnnt. Dr_. Meridian. Td_ SUBDIVISION Tedi TO Meridian, Id. BLOCK 2 LOT NUMBER 2 2U U: • i W o0. o b 0 � o_ U1 0 — O o_ I 90.00 Q I NO W wz C 100.00, o ; of ro 0 LUL �AWN DALE m °- � 0" N. 71° 30' 00^ E. N 134.95 z 8_ DRIVE �+ N.71 9°30'00'E. a 0.00' OD N '_I 84.95' c, 0 O I 30' 25' o k/ O O _ v o OQo I m Z1 0- I Q o o o-� — J Q I O o < Q m U71030oo"e. o: 2 91.04' I J � s.71°3o'oo^w. W Q Q 104.95 N a J b _ Iw N mI N �I 25 a 1 W 30 LP w I o � a m N.67°35'20'•E. 0 S -82000, 00.w a 00 91.65' I = W, _ o rn 16,74i' (' 0 Z @ Ln o 0 _ o m 0 ° �' m o_ N I o •1 \9ol IV 'is OQ 94 3 E Y. % 2.45 A 'r O / ti NOT 30 a PQ R 25 r a g OF T / m PC A THIS I N .4` Y a� m CO o A BQoo, a a 10 I m (T 0 ,0 0. 6500, 7 _�- S 89°49���,p W 11715, i o cn kA/VE- N o UNpLATT � a v m Please accept my request to rezone the remaining portion of Bl. 2, Lot 2 to commercial. The following being a legal description of a portion of Lot 2, B1. 2 of Mitchell Manor of which it is my desire, being the undersigned, to have rezoned to commercial and apply for a conditional use permit for a day care business. Beginning at the S.E. corner of Lot 2, B1. 2 of Mitchell Manor thence N 40' to the true point of beginning. From the true point of beginning going 39.83' to the N.E. corner thence W 116.74' to the N.W. corner thence S 17.55' to a S.W. point thence E to the true point of beginning. The above area is the area I would like rezoned. �1-1990 14:12 FROM 8019E D-0 1087 TO 9BBH340& P.& 03.61,98 13+51 a �••� _ order No. 119963 Loan No. 16187 001 000 TRUSTEE'S DEED 891557 TITLE AND TRUST 000PANY an ldabo_Oaeporstron (fin wed �ieew)ltho� transit" rF. of trust herelnsf ar particularly described. dna na'wr gbraafn, Hell and Coaay. (bis Good (has pTAgp S1T,UAITY BANK OF IDAHO, NATIONAL ASSOCIATION P.O. Box 7069-Boix, Idaho 83730 �� off Winter ob correctadaw19 Ada a0 of the res) property altuate in the County of described a follows: ' I ;lSOOk 2, '['En3 SUBOriIFIGN, acoordin9 to the official Lot 2, 1 plat thereof, filed in Boot 35 of plata et page 3022, records of Ada COcmty, Idaho. This conveyance is nude pursuant to the Poarers oonfared upon Trustee by the deed ' f srust iasi- WESLn E. CfAw and OPAL W. CLAPP husband end wife w u Canter, the Trustee Ita'ein, and FiRBT BSQRTTY 1�AtyC IDA1tO, NATIONAL A•'S7CIRtsICI as benaWur. marded Auyuat 2, 1982 �� U Imtrutmet No. 8232462 . In Book Records, and atter' the fO1tBBmtset �' the sairas nolo County. Idaho ffiortasse and *a baser specified in said dead of trust authorizing this oneveyanos as follows: � �� of via dead of mw ficiar() Default eul occurred in the Old frusta to selwhich ssid suchProdead pursuant �was Sivea a. aecaritg i 8856877 in Book at Pam Notice of default was recorded u Imtrunty No. „� Ada County ydortaaICe Records and inpsthe rt thereof of the Rees is Funded,onof ,tamest.� county foin whi8 a he pt0 W fn described Otiei of dei n k. such default 9 existed�at�t of sewL ys: we IV (b) Afar recordationthof ofd Notice of Default, trustee �vs notice of the time and 30 by or 9 rtIQ mail. by personal sery ce, upon the occupants of tomm J in said Property publishing in ► n te"I"R Schulte receded et lsae W posting in a an yguous Placa on said premi,a�anndd µ c,a fully apps ach of the ownga is whfeh the property 8902585 In Bak at Pae days prior to date of able a Instrument No, at page and Inst n ent ■e-. 8908° and as instrument No. 8902586 in Bak County Idaho Mortgage Records. (ai 00 j (c) The provisionM recital, and cements of Papthe Notice of Defaulare hereby t reform to In Wradr.mb of the Affidavits referred W in paraBra9u(bthong set foll be rth borein at langth.. t b m integral part based for a0 purpose roonai service, patina. bBar�ac as ye•a�m! (d) All rcquiremante of 1►w reQardSne the moiling, De d sale by rsafataed� ser of oder A drf►ulk and uncia of aceta and ot, �lno h°r avtgtf amDby (e) No! leve di n 180 asYs elapsed furod •e ..tA notiea at pubff lie suetim to em P ..- r\�.A _,A nronatY. to eek a, the D, to amount ro aouunn t c qthday �of-Apt: 1, 1989. eit •—i it ,�fa, . ..,a,,, J... , d L of April , 19 89, ( M eel fa wee BUM. Peron.and ,ran Mod", LDitter Bnewn w ow, M .9� _ _ _i.$.,!yNa}y of IM MirMM tam aod'Ba'ram °mgm t.. emmmd its corporate eat to TITLE AND (T/RUST � E L1 I!L!r`>- "Oxman STATIC OF I(D�1t)0 lee C'uwry, a.....�.✓.u"�� {.kJla c . Sol Surd at I M«by «riNy SECtl M " MI /q) d+ taaa•atI minsin Past' ^4 Inanimate atanyone w • J thts �f 10, in my9Nth and eD' ra«ra.a .ice the m r.tnee JOHN MSTWA fra ttia - By ... ..... __.._„".'_'_.h'� ase, Pin $o� 0 To the community members of Meridian: I would like to introduce myself, I am Linda Paddock, Director of the proposed "Inchworm Day Care Center, Meridian. I am attempting to visit the local residences near the center, to ask for signatures "In favor" of opening the first Day Care "Center", in the Meridian area. I am sure you will agree that each child deserves an environment which will enhance their learning abilities, retain information, and obtain an attitude of enthusiasm and positivity. I believe that each child is an individual, with opinions and ideas, to be appreciated and respected. Child care facilities must meet the standards established by Ada County Zoning Ordinance, and the State of Idaho, which consists of licenced instructors, specific inspections for health and safety requirements, and a proper building code compliance permit. The proposed site will meet all of requirements , be convenient, and cause very little traffic problems for neighbors. I would like to thank you for your support, and I am excited to be a part of this community, supporting Meridian the best possible way for the children. Sincerely, 344-7346 A, Ony M REAL ESTATE PURCHASE AND SALE AGW... IIMIK AND RECEIPT FOR EARNEST MONEY ® >;.... (A FULL AND WRWLETE LEGK OESGRVIIDN MUST BE NSENTED. ATTAGED ON WWFTEN UN THE REVHI5ElE1EDF PNIg1 TD E1bWr[OLI BYRE E Aksea pp Y Y MrMy ewllprN. brpba to MM. No .i lwe tlw[One[I lapel Eeevi ..1 IN prNMays b wyr•MDIe M IM Ilam M wgmq ab 9Bw ti111 Ip. prwwNY xtma n wrmapua a landepl.le.) _ 91 �E�BNE�TYONEY. �L AWn1E Ear. fife (MrobytlppWeueMM•I mamY YAenGip-�l4//M�y•WslaGpeEM f�+� 'dp�� r.�D 1MBuyer Fm Fees Ba�nE R ��.MU )•vldnmwe by:OGMIEINaaI CNMtOGSMen ChWkDNdeDa Oa "w: m (b)EsnmN Maaylonot dWone"latru•I amount Igoe acceptance by BilpuiueMW(YnMMMbY QCEII.p BrdwfyF�OB•IIYR BrY oO W brmbwb VIMpVIlaeMM.. and' { A/I/TIi.1l� er�tli ::m MCEMEtlm[pplNelYxMVeE brOReiec.py Vtlq gemMnleMbleaponeVl.b MedOshlp� C It (c)IISNcwailiensMwbsMmV by BuyM,BupreMSMerepraalMllMunm•lmaiey0auauXrepoltHµ eMuryoBw Buy✓emYMMutYtMemutlmfara By the mnitM linemMp[Mmr�IN.tl Mreln py Buyarle notONaMWIv. m (V TM pVIlaeaVee Nal^ �Dy wr�I� TXw DwnpenYwmPaaMe uKtble polcyeM a.EmYWYupe6tl NmMmeVi►'.aiB V eINM'brtliell•M•[Ibe •IWM .EelwlPtwm pa..IxB ibmblmpM.O.Vy Ememasl� By ✓1. rOTLL wIRRWEPMCER ! Ne R 7/ 9t7• —` t` p MrrlaayaIXu:_ al. e. B GMEwn.MYdlqumEemeetMal /(Rwbp nab w.eMY.mB. - R b. S %/� BelanadlMpurmeu phe (M.LP. notMJutlNl " �a // p. FlNINg1G. Twrepeeelal aCmllapmll Wal BW V paMYMp Im. •. ad DFNA DVA DGalwpiaml OHA Pludleubse bSlSnu eandwe ebm MSperlodd_Ysen at_•pa�ee RFrd�IXM�ee�•,' By read tub vppYcabla Prbllebll•mthe roams sae haaf.)Buyer elmtl pay no mon Nan polMe Dlu prlpaatkm levE�,SMrmpaysE -' -'Y" pninu mcee.ry YI prMrw MMb Man JewiLaE IYmlwlnp M cel to uceea_i. - ny oBmrlo ASBUME eMow omA ulul.pM.tlmpalfi lwME%61MG LDWISI nIWaxRMIVys MuveEs-_ae�.� ad N: MVS Tule. raryypb:amfpsSyYarfeefe�HY%y►�•Vla.��L a gle�o.Tp ^o�in TYadl'..1,pro. nIX101e� avMinuM a(3)beMYg �/I70 011EBFNfNDfID. % %�i/ s rr q,I.s�'EL;l.G�••rf ala Y V i 3. TNR ADREEMEMT Dis Muni CONITINGEM upce ale and closing of So EMW SAM By Re[enlYlpaiwy b Adetl pbearaalleppllabY doodle au in PenNaph 813 onrewa sand NOTE: My velar by the BOYM untlothia iNbe--ARI ar Y canNnpeMbs. Ndwelnp emaalnp.) �p b. ITEM38CFICMLYNTM88ALE(N FNA/VA IkmmYq lc wupM Nellem dtlarmlx sas):11{il�itlY )SPIE LSC Y 6. REM58PEGFICALLY E%CWDEDNTMS BALE: � ~ & COSTSPANBY: Cale inaOUllialobOa Wwtl bNa/nmYMN[wreO by BUYerantl SMlaa Unleae Vherwiaaprwtl hweRl.aprwaab' a.anPMtdr�sr.- -tl Nryer V-oll/gvtlma S.pe(e rseaw emAW pbMeaapUen. w T Pwed AdniMxl p rmmum abbv Ba bare dl>m�VYe.. ❑Yas PurdwM(s EatMEatl C.rwepe XN Policy, a mow Y Y contended by lowest or dherMe< elated Mein. Nm baa, to "I M paid as Iwekated So GINCNmIy rww.w cw tw UMT. IaEdor faN LanYIM PxIplMa:l LeMYWYt. Occidental Is" AWn1E Ear. fife Ninny AppaBal AzxmPl. IWpld. -k— Membra RW. Fm Fees Ba�nE "a m VR W SHIER NMMFDW{r W any V an M foelV WNaCOpe lepvH atlo MOMEi �- .Discount pain.. I. be pea a•prandon Ra pVBadzu, 1611 Y Y pwMeereewfVMY[XYMcamlY^rMOONMeIEMAYBEREq/MEOTOMAKERFPNRSIOIMpcpaylnOMMIOOMVyMMCmN.ai�rVFEl61�YA So SALERLYAMPLGTED UNDER IMS AGREEMENT. �� OolMr "ClOellq"muxMNYamiOhM . a T.xmsneNhsrrscatlweascuVwebyx saaw•pMR Vtltlls ubpraOetleenmbebbbSePw.Taeaewewetmeueewemae lurmdmmerMls' m Mae). rwN4 NmWMa geMume. Mento wtl rMenee MFMe. aoWalrMc omMCMuIIMae MmXMnpwMeCaV Buyer an Bar ancient tO MEVaMMABIeeWVmr m ,m ✓./6. CLDSND. Dn IX bMem tub cb•bp GIMalsOMcunm.r EemetNln IM atoendedat .11 ounce, and Ymbwmee •euaesl b 11BB W dakq Wte MMlMalatV llw �1n ' W calms 1Mok mldnipM Of � %E� cplance OI SeXaon ibc p. ACCEPTANCE.6WV's 0911e made Subject to 1M eece MthaWIM•WNXlad.Be Mlira EBrMet M.nry WYberoMdwebBuyxMMmend.9e Yem tarda RUW)larR•aEYsmLWM" W any MluapltlMapmMl •CcepMw•V BUYaµIXbMas lYAoo'dOM. midlahlV .TEE RCFTnol: �DFM�BIC. i 10.NMORTAM-AGEMCYNSCLASUPE. AIIM NIIIs of Slpnbq`NYS SprreemenitM epatrmrkap with eMbuYer repn•anled a //K. _ •MtM'eademkbpwgh NmalbrrWmamu 'fe Each DaMysa nbpthladmumMmlr Erm:prlorVlm�.. V Spurydgm�sps�Y eM11eIV.Ywaapwawel�M/MrbtMser•a.[M.�IDmntOw.V.aedbnManweudundenroweatlroanlM=VtASde By Pham�LHY: . BUYm 4 A /{ BUWr •Yry• %iyt Bmf V M,pr, Buyei s Pham: Re•aM GIhN Nte.l/We MIebY WpaaeM emsN tub seta eet lo11h M16e abo?remeM gree to curly oW Mllhe leml•Nlvwla We mrl of tl.4ml��Ctlm T uNwelpmE lwlhw epees to xYelMM bdpepelx of �j r!•A'C rf'I rola MnmemBraermlla�4'' A Bakerepe lu sill M Daa a tela Wax dMlwix eWeetl in wMMp. I/Weh re nawledWmr 1ptWalmeCopyonhlupnemeMVDnedbYbompaniee. E SepV: Dale:—$Nw'e AOJsa: T S.Nr: Dew: NOMI. Rwne: R•Maace Gms By At.. an of the lowooinp epnemxl, abnM by IM Saler aad [onteiep,the lull and complete local tlesctlPtion OI the Drelweea mSo Y MYe _ m MYet .to_. _ IS TIE P110VINON3 COMANFD ON THE REVERSE SIDE OF THIS PARE SHALL ALSO LONSTRUTE PART OF IIE AGREEMENT OF TIE PARTF_.£ACeID= S IS ACANOWLEDGES READING TMS AGREEMENT IN FULL. BUYERS RECEIPT obry .xat. eY SeiO kMie1 1. Linda L. Paddock 5112 Grover St. Boise, Id. 83705 208-344-7346 2. SBA property listed by Real Estate Group, 1526 E. 1st St., Meridian. 3. Lot 2, Block 2, Tedi Sub., Meridian, Id. 4. Copy of Earnest Money agreement attached. 5. It was built as a shelter home. 6. Vacant. 7. "Inchworm" Day Care Center. 8. Vicinity map is attached and copies have been sent to everyone within 300 ft. 9. The State requirements for health and safety are almost the same for a day care and for a shelter home. Very few changes would have to be made in order to change it over. The location is close enough to Cherry Lane that it would be very convenient for alot of the commuters and also close to about five elementary schools. 10. Attached is a list from Ada County tax roll of property owners within 300 ft. 11. Attached. 12. Fee: $160.00 13. Attached 14. The proposed use of the property is not much different than the existing or previous use as long as the petitions are signed. 15. It will be posted. 1/24/90 • • Daniel & Dixie Wood, 628 Lawndale Dr., Meridian 888-2936 Roy & Dorothy Murphy, 618 Lawndale Dr., Meridian 888-9833 Blanche Conde, 606 Lawndale Dr., Meridian N/L Winston & Gertrude Von Brethorst, 619 Crestmont Cir., Meridian 888-5910 Randal & Debra South, 629 Crestmont Cir., Meridian N/L Gerald & Irma Phillips, 544 W. Cherry In., Meridian 888-7850 Teresa L. Paine, 1728 Crestmont Dr. Meridian N/L Judith Lolley, 1720 Crestmont Dr., Meridian 888-6786 George R. O'Connor, 1819 Crestmont Dr., Meridian 888-7120 Dennis & Joan Rath, 631 Lawndale Dr., Meridian 888-6177 Linden & Tina Carr, 621 Lawndale Dr., Meridian N/L Rebecca Hammons, 611 Lawndale Dr., Meridian N/L Richard & Jane Davlin, 603 Lawndale Dr., Meridian 888-5260 Leonard McFadden (owner -vacant lot @615 W. Cherry Ln.,Meridian)P.O. Box 275, Meridian 888-2289 Paul M. Pack (owner -vacant lot @1323 W. 4th St., Meridian) 1684 Havenwood Dr., Oceanside, Ca. 92054 Gregory & Margaret Peterson (owner -1725 Crestmont Dr., Meridian) 2599 Rebecca Way, Meridian 888-6283 Katherine Caron (owner -511 Lawndale Dr., Meridian) 3805 N. Cole Rd., Boise 83704 375-1667 Richard & Mary Louise Navarro (owner -1829 Crestmont Dr., Meridian) 238 W. Washington St., Meridian 888-7036 Neil Denison (owner -522 Cherry In., Meridian) P.O. Box 1537, Boise 83701 345-4451 Doyle Nixon (owner -1804 Crestmont Dr., Meridian) 928 W. 8th St. Meridian 888-2945 Philip & Joan Peterson (owner -1814 Crestmont Dr., Meridian) 5160 View Dr. Meridian 888-5532 Tri State Crane & Rigging (owner -1824 Crestmont Dr., Meridian) P.O. Box 393 Kuna, Id. 83634 N/L Cecil & Bethal Cherry (owner -604 & 1706 W Cherry Ln.) 7585 W. Ustick Rd. Meridian 888-0057 Jerry & Lorraine Mortensen (owner -540 W. Cherry Ln., Meridian) 4045 Greenmeadows Meridian 376-5968 Grapevine Wine, Inc. (owner -424 W Cherry Ln., Meridian) 424 W Cherry Ln. Sp. #21 Meridian N/L/ V v / •CA <E w y m z • m -< n I= ,� d m fvI I r N.W. 8TH ST �• ,` 1O. T�� z.a zu a ra o ra oo !a -r 4 ' �! 10 O ^ . I,, ec ec I .e - ae two i a •^ y � a..eA q bty Js _ . � _l� W " � - _A;: �iJ F [y• o° — �e tam � C `LAWNDALE OR. y '. ° V 00. /t'�•�; r,r L.. _ ,r V� 1. .t . +fn .° X , O iT U. t •4 W r 11o3 �l �� .. r1 N y c. Ay ,. A- .G • ri Ck I ro i ati4s Y� { n 4 0 }� m I � ! 00 � • 0 �,J 1 JII n L C n � n, _._.— ,I.„ pp y« 17 Is 19 110 t42 0 27 TI Z4,322 / u /0' -a- -Z a- O 32 19 18 z 10 II 12 13 !4 15 24 25 26 27 28 29 30 31 32 .3 6 3 1 3 2 I. 10 1611 7 STOREY15 AVE. 9 14 8 n 9 6 7 6 5 4 6 ®11 G'S) 7 9 27 28 13 12 1. 6 4 F G9 B J 3 7 3 2... 5 to, -Z 10 It. 1 2 25 =o a U md Q0-. 10 7 r e _ 11 24 f Mo y 0 GLINCHEY 10 .1 , u Q 3 . 6 N 20 6 a 5 7 °eE" MER/G �d�J� O 4 12 3 ^ 1^12 6 Z Q7 G C 12 s 3 Y W Q . 13 4 a. 1 2 x 2 O J I a It , I ` WILLOWBROOK I® 2 3 c 12 13 14 15 16 ® Q D 4 R 5 9 zs 25 0 l 2 3 4 5 6 6 _ 102=76 a 2706 24 I6 15 14 13 7 7 8 12 II 19 9 10 W 11 u 8 5 ze Q 23 w TIFFANY O 9 20 V 4 t- 29— cr I 2 4 is 5 21 3 ? I 0 18 17 3. 3' 30 W 21 w Y 13-. 12 I I 10 7 17 22 4 9 5 7 8 I O 2 4�J g I6 23 C RgiV�1ER 9 m ?.0 LONGFORD DR O 32 19 18 z 10 II 12 13 !4 15 24 25 26 27 28 29 30 31 32 .3 6 3 1 3 2 I. 10 1611 7 STOREY15 AVE. 9 14 8 n 9 6 7 6 5 4 6 ®11 G'S) 7 9 27 28 13 12 1. 6 4 F G9 B J 3 7 3 2... 5 to, N 10 It. 1 2 25 6 5 4 11 4 - - Q0-. 11 r e _ 11 24 f Mo y 0 GLINCHEY 10 .1 , u Q 3 . N 20 61 12 3 ^ 1^12 9'.IS 12 r",8. 13 12 ®2 13 Z 23 22 21 18 3 z 14 It , I ` L14 13 U 14 1516YOST AVE. 6 17 18 19 20 21 BRADY-TINGY MEDICAL BLDG. IS 10 m 6 - J � 16 9 Z S 15 16 20 8 8 Q 4 3 2 1 1 5 17 J 18 7 'LAWN6ALE 0�1 3 .I. 19 6 5 4 3 2 Ii 30 •�2 1 01. e . � •r ____ _ __ 9 • I, Linda Paddock, grant a lien against the property at 1717 Crestmont Dr., Meridian, Id. for payment of all costs incurred by the City including engineering, publication and attorney fees. Linda L. Paddock 1. Linda L. Paddock 5112 Grover St. Boise, Id. 83705 208-344-7346 2. SBA 3. Attached 4. Lot 2, Block 2, Tedi Sub., Meridian, id. 5. Attached 6. Vacant building 7. "Inchworm" Daycare Center 8. 0 10. A portion of the lot has already been zoned commercial and since it is going to be used for a commercial business it seems logical it should be zoned the same. 11. There is already a commercial business on the adjoing lot facing Cherry Lane and one across the street. It is close enough to Cherry Lane so it would not cause any excess traffic in the residential area. 12. Attached 13. Attached 14. Attached. 15. The proposed use of the property is not much different than the previous use. 16. 17. Attached 18. It will be posted. 0 0 PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. (,03 zawn a 2 e2;(4r n BgK-S�t� U r L.,A) /L 6'21 AL. A-) Ge. WE THE UNDERSIGNED DO NOT OBJECT TO Linda Paddock USING THE PROPERTY LOCATED AT 1717 Crestmont Dr. MERIDIAN, FOR THE PURPOSE OF "Inchworm" Day Care NAME ADDRESS PHONE l DATE (,03 zawn a 2 e2;(4r n BgK-S�t� U r L.,A) /L 6'21 AL. A-) Ge. SSi-g76() i t';, "on ice' 0 PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (758) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO Linda Paddock USING THE PROPERTY LOCATED AT 1717 Crestmont Dr. , MERIDIAN, FOR THE PURPOSE OF "Inchworm" Dav Care Please sign & return as soon as possible. Thank you. NAME ADDRESS PHONE DATE 0 0 PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO LOCATED AT 1717 Crestmont Dr. "Inchworm" Dav Care Linda Paddock USING THE PROPERTY , MERIDIAN, FOR THE PURPOSE OF Please sign & return as soon as possible. Thank you. NAME ADDRESS PHONE DATE 0 0 PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (758) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO Linda Paddock USING THE PROPERTY LOCATED AT 1717 Crestmont Dr. , MERIDIAN, FOR THE PURPOSE OF "Inchworm" Day Care Please sign & return as soon as possible. Thank you. NAME ADDRESS PHONE DATE �/ 9 PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (758) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO Linda Paddock USING THE PROPERTY LOCATED AT 1717 Crestmont Dr. MERIDIAN, FOR THE PURPOSE OF "Inchworm" Dav Care Please sign & return as soon as possible. Thank you. NAME ADDRESS PHONE DATE d — - L-274 Q/ 0 0 PETITION REQUIREMENTS: I. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (758) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO Linda Paddock USING THE PROPERTY LOCATED AT 1717 Crestmont Dr. , MERIDIAN, FOR THE PURPOSE OF "Inchworm" Day Care Please sign & return as soon as possible. Thank you. NAME ADDRESS PHONE DATE PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OWECT TO Linda Paddock USING THE PROPERTY LOCATED AT 1717 Crestmont Dr. MERIDIAN, FOR THE PURPOSE OF "Inchworm" Dav Care Please sign & return as soon as possible. Thank you. NAME ADDRESS PHONE DATE Ll A few weeks ago, I sent a letter to introduce myself and to let you know, as a property owner, how important your support and opinion is in order for me to open a day care center at 1717 Crestmont Dr. in Meridian. Some of you may not have a need for such a facility but possibly your friends or relatives do. The one I have proposed will be able to accommodate 40-45 children. It is not as large as Meridian needs but it will help some of the people. I have gotten a very good response so far but I would like to apologize to the people I have not been able to reach in person or by phone. I am appealing to you to please sign and return the petition I have enclosed. There is a deadline and it must be returned by 2/22/90. Thank you for your consideration and if you have any concerns or questions, please feel free to call me at 344-7346. I want you to know that my first priority is to work with the neighbors and property owners of the surrounding property. Sincerely, Linda Paddock r 0 PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (758) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO JW OBJECT TO L i ti d . 10o- J J ♦ c k USING THE PROPERTY LOCATED AT / 7 V7 C , ,,, t MERIDIAN, FOR THE PURPOSE OF Tn c4 w.a+ Diy Cara NAME ADDRESS PHONE DATE 0 0 PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (758) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO Linda Paddock USING THE PROPERTY LOCATED AT 1717 Crestmont Dr. , MERIDIAN, FOR THE PURPOSE OF "Inchworm" Day Care NAME ADDRESS PHONE DATE la1�F" , , �l� ('03 �aH%n a 2 Try I w&),,',r4 ct ; ZS / / �j 0 PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT To Linda Paddock USING THE PROPERTY LOCATED AT 1717 Crestmont Dr. , MERIDIAN, FOR THE PURPOSE OF "Inchworm" Dav Care NAME ADDRESS PHONE DATE 0' *1 Yt �_e 7 • PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. 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O1WIpAMy atllF Chas Lm YK PIMNrtYrX ChM wpsn. Oeo.WY Miley ApraWl Yale arRY.e arlp. GIIYB AaNY. au .SW wm YtTrr.waa YYe. 'Tana [Andira Ecaa Chm aw. Roars aY9 WA EYW YWIE®LLYLY 1'A.IaIYHH Yday`Pan. 11«lo lAWaei DIWwnIpOM.lOw rnd Ntar.Y andfinst 9p. SELLEY4(AY1? R h)TA R aN1a..rY.MedWY0YYw00unydtpa0HWa1EAMYBEpfgNiEO)OMAKEREP.IRBNIMpropaXyMweNIOOWOylrkhlM MUYIpeoCe WlE]!E°pp/pTA u SALE6 COWLE1ED LaQEp TIi9 ApgEEMEM. .. // M ]. POSYEealpl.YYyH WYwWIXrtlropw.a.YonW �£banp pear "OlearO"maaW IM YIeWe1sW WOwuY.nl. an N MI1Yr1YOlEYwYCRIMN'WetLYiepemtnp MNYNPIOcaeptN.vt4WleNSYM,TYeetM WIHRWWItMt(WNpIM 4HeWY.eN.taetYynlW. H p.Ntl.nNt.AWY.n/uap//YI�M�YII,t rIWltM lrena.Wtlxu, YCWWrerceen WlyepOn..yymY tY YMWW NItYMpurNYYd W a.�/=�.�'• .9YW WIM/Io1bMNNY..IIl01YONMOeIWmilepMIM H10YIMH3Y0R'�e B. CIOENIO.On w wMe m. r Y .1 Y Yx allatl O.POad AiXI ala cIOMW apNn a4IIYIn. tlld YNlrunWla nr RNW. Y tllw9 Me WNMW MW tlw • e..H4rocwaelBM Yr.TM R p. IleCFmAxOE.LMryaY.aM»Aarm.el le .. `�It..:(/ /490 •I Wl.ttplMNePWIWIY WYIr IMIM erp.aea SY«WwpHwe 12000'MGllldylnd .YB.W eWe R IWYlad.tlWWYe6m.HLane NHYMnlugecle YYw Waxnm.s�Wgedroms m WxggWged BuprWwblxe l2[00'tl0atatlNpind O .TYE6OF TIE EYYHICE OATHS AI;PEAE1Yi. M b. YORTAM-AGEHOY wEIxuNwE.uM.u..dHplWpmNYn Hm.wW1.wMIYMm me MyrnPIWNn.e S/i/l<K u RHMttpw Wmilp WNX M..WWIpIreN.Y 5rl/!/� .EWn Y.M.MWq w. aHeMn Oonrm. nwt ry4Yw;nenduN.W N apw.ywprwrwroMnlM.bmNWRwcuan.EWnprlyroaMMneeclNnM.r.WHgWeWtumenewnWlewYle.p.nYypudoHY gecnYnweYNYm H LNlirq Agency: p.NO Apaa y, By: Pllons °y'u( �'4Y1� Buy✓. AtldnY::�f��t!�n Bleer>-a'�i—'�. �♦ - Burer'e PIaW.PeYYYe. So.MY rs on'Xis Me. I'We Mrob/approw aM.cnpl end WN M tons In lM.nova pleerymYl enp. elo celry .IItM I.. menol WlM Wn dme eelM eM IM Ic undersigned NnMr.Oes. lO para a.l eronWtW Wof . /7r�f_ �� pMa aee..Mnntl BroYaIUM xMws. 1. BaP aid In around, 1. ti• axY. WreNYY 4pud can Ynie.. 1p ares- Yewr.AWr.W: yO / •/w.a.z�, D_i /X " n U.la:!-/7-9nB.Yer'. Plane: BeMd.nW 37Yi59Lf en.erY R&S�•Y72z le egood by me "lor and cWlaiHnp IM MI.W cOnNNle lapal destination at nobv ., le thli rewind on this n /'•� ��.at /li'P Y MW SIDE OF TNS PAGES 50COMSTRIIIE PAM OF IIE AOREEMEM OF TIE PAI4TIEY. EACHOFTE PAMES al R EMII FULL. Y BROIIIE PS COPY YYaf.ilYlia • IE 21 KV llle9 N Q REAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT OR EARNEST MONEY (TMs roan to be used ONLY by members of the National Assocletlon of REALTORS) "•"°'' This contract stipulates the terms of sale of the property. Read carefully before signing (including information on reverse side). This is a legally binding contract. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE MNG. 1-27 / Idaho kav 19 9-0 d G, Cts /Y/ON (hereinafter called " oyer") a seat purche •an he undorsiBne after agrs9e se a o9ring described real estate hereinafter referred to as "promisee" commonly known as OM CRY of County of &2& ,JdahQk1poally described ee: (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the legal description previously entered If erroneous W incomplete.) �J n EARNEST MONEY. G i/ //s1 �/ g J EA Soyer hereby deposits as earnest money and a receipt is hereby acknowledged of ��/ d"4 "f^ Jc 2 dollars ($ 2LI V � )evidenced by: OCash Xlersonal Check ❑Caehiare Check ❑Note Due ❑or IN Earnest Money to be deposited in trust account upon acceptance by all parties and sbkll gbe hold by nLleting roker Ilio Broker ❑ Other for the benefit of the parties hereto, and r(�se//sem✓f 5 ,�'%S�j � (Broker) shall hole the completely executed broker's copy of this agreement and is responsible for the closing. (c) If all conditions have been met by Buyer, Buyer and Seller agree that the earnest money (less credit report fees. and any other Buyer's costs) shall be refunded to Buyer in the event the financing cont lated herein by Buyer is not obtainable. (d) The parties agree that Milli Title ompany shell provide mid title policy and preliminary report of commitment and the "closing agent" for this Ir ectioa shall he - -11 a 0 g -term escrow/ c is involved, then t e escrow holder ahallpe / �l�/�yyi'J oja SApo _�.'.o 1. TOTAL PURCHASE PRICE IS 19 f/ yr(enARS (S payable ore follows: e. $ - ij�, 2 - '"I- Cash down, including above Earnest Money (Closing costs are additional). b. S • - = / 9,P-0• Balance of the purchase price (M.I.P. not included). 2. FINANCIN . Thi agreement is contingent upon Buyer qualifying for: O FHA ❑ VA ❑Conventional ❑IHA. Purchase loan balance as noted above for a period of years at %per annum. (If FHA or VA loan is sought, read the applicable provision& on the reverse aide hereof.) Buyer shall pay no more than © points plus origination fee it any. Seller to pay only the discount points necessary in order to obtain above described financing but not to exceed 0%. ❑ Buyer to ASSUME and ❑will ❑ will not be required to quality for an EXISTING LOAN(S) of approximately $ at no more than —% with monthly payments of approximately $ P ❑ 1 ❑T01 O. This agreement ❑ Is O is not contingent upon Lender releasing Seller's liability. Type of loan .Buyer shell ply reach loan or eaurmmfo,WWq/Ian witl/J�'three (3 nking days aNee Sells , acceptance of this agreement. OTFLSR FINANCING -TERMS B CON)�jfIONS: �• �i� '��t..X6r 'J'A = �jW(L zjfA � - 3. THISAGPIVIl •IT agOis not CONTINGENIf upon sale and closingof /���/ v on or before � /{- listednsi 2 p f15 on ��• b (If n Conti es. i i oted please read applicable conditions in PeraBreph # 15 on reverse side. N Any waiver by the Buyer inti this section Will be a waiver of ALL contingencies, including financing.) 4. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (if FHA/ VA financing is sought see Item If 14 on reverse side): Xlk 5. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: ,5/7Oab AIL - 6. COSTS PAID BY: Costs in addition to those listed below maybe incurred by Buyer and Seller. Unless otherwise agreed heren,or provided bylaw or required by lender, Buyer shall p(rchase Seller's reserve account if loan assumption. ❑Yea B. oo.Purchaser's Extortion Cewwranw T»m Finfi-.d.-*&A AAAM 1...e...:..... -;A. If requested by lender or otherwise stated herein, the below costs will be paid as indicated. City/County lContract and/or Closing Long Term Lender or Costa I Loan Well Pump/Inspect Code Inspect. Document Agent's Escrow Code Paid By Appraisal 1 Assumpt. Inspect. Septic If required Prep. Fee Fees Repairs BUYER WA SELLER SHAPE EQUALLY 22 23 2s 26 2e 27 20 za 30 31 32 33 34 35 3a 37 3A 39 n 41 Q 413 M u b 47 46 49 50 61 52 Cost of lender or code repairs not to exceed $ . Discount points to be paid as agreed on line 29 and 30. SELLER UNDERSTANDS 63 that as a result olany city or county inspections NEMAYBEREQUIRED TO MAKEREPAIRS to thepreperlyln orderto comply with the housing code HMffTNER ORNOTA w SALE IS COMPLETED UNDER INS AGREEMENT. B6 7. POSSESSION. Buyer shall be entitled to possession on cloainB 0 other . "Closing" means the date on which all documents are tie either recorded or accepted by an eacrav agent and the sale proceeds are available to Seller. Taxes and water assessments (using the last available assessment as a 67 basis), rents, insurance pr miums, interest and reserves on liens, encumbrances or obligations assumed and utilities shall be pro -rated as of se r'_7D SJR, a . Buyer shall pay for fuel in tank, amount to be determined by the supplier at Seller's expense. 59 S. CLOSING. On or before the closing/date,)Buyer an eller shall deposit with the closing agent all funds and instruments necessary to complete the sale. The Be closing date shall be no later than O Qp 61 9. ACCEPTANCE. Buyer's offer is made subject to he acceptance of Seller on or before 12:00 o'clock midnight of 7 l.I �� 770 . If Seller does e2 not accept this agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. Seller'sc nterof er(if any) is made subject to the 63 acceptance of Buyer on or before 12:00 o'clock midnight of . TIME IS OF THE ESSENCE OF THIS AGREEMENT, a 10. IMPORTANT - AGENCY DISCLOSURE. At the time of signing this a re ent the agent working with the buyer represented g g 9 0 9 Y presented �/ �/�-- and the agent working with the seller represented//� . Each party signing this document confirms that prior written disclosure Be giagetroy wasprovWedto hkMfierinthnstran action. Each party to this transaction has read and understantls the contents of the agency disclosure brochure previously e7 received. Liating Agency: Selling Agency: By: _ Phone: By:��� geg / Pone: o Buyer: Buyer's Address: Buyer:l2i��. .ice' .R,.t.es Buyer's Phone: Residence '>� yd�ri ?/ Business 2 On this date, I / We hereby approve and accept the sale set forth in the above agre�ejmant end eiwlea to carry all the terms thereof on the part of the Seller and the 73 undersigned further agrees to pay a total brokerage fee of % 7i /fJrC.G.. �� to the above named Brokers) for services. 74 BrokerageEck?n will be paid in cash {e Inerwi in writing. 75 I/ We lu p cei a true c of this agreementsignedby both parties. /7// 78 Sells / Date �tL=./ Seller's Address: �SL7S iK I 77 Sell Date:�'��-S'Q Seller's Phone: Residence M!� ��pit Business '' 2Z- 7e A tru c py thefor goingagreement, signed by the Seller and containing the full and complete legal description of the premises, is hereby received on this 79 dayof /'e'er 1 to /i9G eo Buyer: 1 Buyer: e1 THE PROVISIONS CONTAINED ON THE REVERSE SIDE OF THIS PAGES LL ALSO CONSTITUTE PART OF THE AGREEMENT OF THE PARTIES. EACH OF THE PARTIES 62 ACKNOWLEDGES READING THIS AGREEMENT IN FULL. �. _�A BROKER'S COPY 83 Buyer's initial Seller's initial �'�( RE 21 REV. 11/33 84 (h�i l IL :111 u f r 1 J t+c b ul : Ihl J ,':lent en 1 Idle i ' : v.i 1 1 :...:; f -.ND .:: iOnrIR Y FEC,, l Jell .,. '.f ,(-•) 1 'fI 1 13 II , r t..um.y >r all ] t.l,2n ;ntl ❑ i., ed as Iqa dGtaar d I i .J , 1, Ilr Is d lEt .I n,l:al il'I/.., ,: :•Wu L11,11l aK. .'/!i,c I.I :C f,Lm.. H.l. m It! •;,1 Y 1,' A ul \t! t Ie 11 dl .Jt- 1 'A•. 11{\ f . .. r*%1a aR !:r .v r Bn,. l 11'1tr X1 y . _ 1rIv01iY C I 1 Ut10Udi rU p�� � \ �• •. \ � „:,n �- .r. a�. o.. ♦<> a. � � t- ' .. .\..rel +e... a r• •.. ynr 4 ]raI I 1 .de ..: . • i n n' IT T, ruin 1 'l;CCr •r)r t ler l , n,.0 l y I v'�' ena .ned ee IT.'.. 1 vva: a I n; It wi, alt nal II aLt RIJ 'nl♦ wIl II'..,d 1'f -_ a -. ,IJ Icuul 1 ,}'lain. „ 1 fit _. eJOhTT.: �`tdh ::F, ly oy<[anta. ba lt,n and Uwpff ruo6t ttI—, a, a .;+:V 'nT dl ofhlrr ♦n utilj sut1 nut iP -r 1 cl d 11n1(l- Itt I _ .it rrov dl r -m. _..:T ;;.i' yl♦.G 9?.7 s r �..:;, f. a" or 'S4 a., w Manu a r I F.nun lr I), I HAI[ I n u'n hnl-' - ,., t .•- � I I ,t,rapl Inl'1' UI IhIS a ]taco ani. 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NNI1.Ow.,awmal; tn�T7Nylp}}c'Niyial[►rtoU ..�•..-, Ywui rlue SI�j":,'A jNONr y'j �-Re v \ H YT Fele MIfiHO OH _ 7N INN M•T.ulte [IrNO OI /.H a]))i. III •N I 1 L l}ipE�: IS OY- Y N~ilI salsa •• eKlfA M]ifHOON ti • - - - Ifs i]-iy�O- - • • - - - - - - - - - - - - • - - - - C 50000'M: - 'sl �oI•aI Pea OH17 N YSOHO'e iN IN 01 M,I•tNle IO.7el Iti.Ns ) I IMN•NeI lKl M. -------- ... - - - - - - - - - - - .. - --- - - evil I/-: .-. i1��..) to ~'•INet iafffieOe a (IYN nY0/frr tINIK - - -' Lp} i - - ' ' ft.;% 7- fY.Nye »itis. Sjt}T'A• I- �e to •»H .TiljP 1eT•'.Nii f[•N• 1i71.n •tt`` . O•NN I's 1 N OH n IM 01 eel f] M'-Y.eil .=tin -a � i M7H7N1►0'17' 1/24/90 • • Daniel & Dixie Wood, 628 Lawndale Dr., Meridian 888-2936 Roy & Dorothy Murphy, 618 Lawndale Dr., Meridian 888-9833 Blanche Conde, 606 Lawndale Dr., Meridian N/L Winston & Gertrude Von Brethorst, 619 Crestmont Cir., Meridian 888-5910 Randal & Debra South, 629 Crestmont Cir., Meridian N/L Gerald & Irma Phillips, 544 W. Cherry In., Meridian 888-7850 Teresa L. Paine, 1728 Crestmont Dr. Meridian N/L Judith Lolley, 1720 Crestmont Dr., Meridian 888-6786 George R. O'Connor, 1819 Crestmont Dr., Meridian 888-7120 Dennis & Joan Rath, 631 Lawndale Dr., Meridian 888-6177 Linden & Tina Carr, 621 Lawndale Dr., Meridian N/L Rebecca Hammons, 611 Lawndale Dr., Meridian N/L Richard & Jane Davlin, 603 Lawndale Dr., Meridian 888-5260 Leonard McFadden (owner -vacant lot @615 W. Cherry Ln.,Meridian)P.O. Box 275, Meridian 888-2289 Paul M. Pack (owner -vacant lot @1323 W. 4th St., Meridian) 1684 Havenwood Dr., Oceanside, Ca. 92054 Gregory & Margaret Peterson (owner -1725 Crestmont Dr., Meridian) 2599 Rebecca Way, Meridian 888-6283 Katherine Caron (owner -511 Lawndale Dr., Meridian) 3805 N. Cole Rd., Boise 83704 375-1667 Richard & Mary Louise Navarro (owner -1829 Crestmont Dr., Meridian) 238 W. Washington St., Meridian 888-7036 Neil Denison (owner -522 Cherry In., Meridian) P.O. Box 1537, Boise 83701 345-4451 Doyle Nixon (owner -1804 Crestmont Dr., Meridian) 928 W. 8th St. Meridian 888-2945 Philip & Joan Peterson (owner -1814 Crestmont Dr., Meridian) 5160 View Dr. Meridian 888-5532 Tri State Crane & Rigging (owner -1824 Crestmont Dr., Meridian) P.O. Box 393 Kuna, Id. 83634 N/L Cecil & Bethal Cherry (owner -604 & 1706 W Cherry Ln.) 7585 W. Ustick Rd. Meridian 888-0057 Jerry & Lorraine Mortensen (owner -540 W. Cherry Ln., Meridian) 4045 Greenmeadows Meridian 376-5968 Grapevine Wine, Inc. (owner -424 W Cherry Ln., Meridian) 424 W Cherry Ln. Sp. #21 Meridian N/L/ PS Form 3877, Sept. 1986 . FOR REGISTERED, INSURED, C.O.D., CERTIF FD, AND EXPRESS MAIL r T 3,z D 'O MV O. to W N m °12 ,z :0 is N n m ° 01 dl 41 61 N 01 N Ol Fr dl r 01 F-+ 0) I-+ 01 N 01 F-+ al 1-' 01 N 01 1.1 2 D c TO Ln ! 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M, a' .a w .. 3q °Ew D a o., p, Ww oo I .0a "m SeD O C,w y,w 000 nw oux y ».wx �4�oc On y5, arote�mm l0 l0 l0 l0 l0 l0 0 l0 l0 l0 sov 5'4myx d�O O O 0 O O O O O O O O O O O O 3s 2 12 -61 wyoe =w t4 o; a m yG'3m» TH � -tea �K E.N N N N N N N N N N N N N N , wUw 000008 0N 89 _ell yOw oG'a PS Form 3877, Sept. 1986 FOR REGISTERED, INSURED, C.O.D., CERTIF , AND EXPRESS MAIL �0 0o V O. to w N r m g�j 0 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 19, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho, from R-4 Residential to C -N (Commercial); the south 40 feet of this parcel is already zoned C -N (Commercial). The Applicant also requests a conditional use permit for the operation of Inchworm Day Care Center at the above property which is known by the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Application; the Applicant also proposes to use Lot 1, Block 2, Tedi Subdivision, which is zoned (C -N) Commercial for parking and a drop-off area for children corning to the proposed day care center. A more particular lega office of the City Clerk available upon request. 1 description is on file in the of the City of Meridian and is is comment is welcome and will be taken and heard. DATED this ,�� day of May, 1990. 4c.1� JACK/ NIEMANN,/CITY CLERK SEE REVISED PARKING & ENTRANCE PLAN ATTACHED: 1 w ..� o �� b 0 O o- I 7r 90.00 C I -o °Z w r I 100.00' N COY IOoo V, LAWNDALE S. X bb N N 134.95 w N.71°30'00'F- z 8 DRIVE A 90.00' ao p I o N C0 84.95' C� p 30' 20 0 1 w h O O mo I m m '0 ° I Q O s — J A bl O $ CD a 0.CL Q po m N71°3a00'e. �Q 2 id I 0 91.04 ' J 1 x O 0� s.7103aoaw. Q b 104.95' ^� _ N ? L N LO Q m1 N s W '� o LI 30 25' m I N o A 1 tr / tot. to 14.67°;5`20"E. O 5.82° 91.65 I m 00 00� W S. _ ° 116.74!�w o I 0 0 2 a goo c0 �o •r' m 0) im hl (JJ C, r c 1�-8p� C. 6 S•Op' '" A 2.45 I y NOT 30 26 • P I k E. OF qRt I r W S � b u Z PLATHIS b I N /q N 0 .8800 0 U W m i° (il No pO . m - w O 65 0 I m S, 89�49�/o„ b i CA N 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing Hall, 33 East Idaho Street, Meridian, at the Meridian City Idaho, at the hour of 7:30 of p.m., on May 15, 1990, the purpose of reviewing and considering the ApplicationBlock Linda Paddock for a rezone of the north portionIdahoof �t from R-4 2, Tedi Subdivision, Meridian, Ada County,of this Residential to C-NmC Ncial); rh.e soutThe0ApPlicant also parcel is already zoned requests a conditional use permit for the operation of Inchworm Day Care Center at the above property which known by the address 1717 Crestmont Drive,Meridian, Idaho, and hearing will also be held on that Application. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this 24th day of April, 1990. AMBROSE, FRZGERALD 6 CROOKSTON Attm .enG Co."t P.O. Box 127 ks"W, We" &W2 TNAgton SWO 61 i IS 1NOW1SIND i 1 l S \ " �1 fru. .FirstNUEII �n5EVF1dMILE i NYC\,". e fFi "N.W. ADA COU\NIY ,y h lL P...aa • 26 25 30 FOR CONTIM"THM OF AW \� 28 Wti 'I' Su "FAOLE AIA►" ON OIFQ ININ O �v rMTy 28 s fYpy '+' "• ti C 41 Ic Ic "."� 9 z r i Y \ !WY « ty1YN M. « iMwtzzl �36 RFSAOE JYCON . FG—�--�31 y ` 32 N33 ¢ ' ®M. 35 MEx ma.FWCoIorlMep WMeA .bsrcBPEbft ugh WEAVER toe NcrWiRn CIM.IMr W ACRS e — 10 RAOne BDB'2817 rw.tEM15AUAAKaRIR41 — 4 Nr Ts a RD.OCrew USTICK i " RD. Z•�•� wANW�nrWE wl. STUBBtEFIELD .w..,+.w ar,� 5 $lNAlx �. '"j ...r..•P••..^r^�, i MERloux M\ A TWP. 3N.—� '" w..r J • PARK P v\ 1 \\ n. Sown C" • w..e.. 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IS s Q 4 ! 2 1 I 16 17 Is 19 20 21 17 J oa. 4 _ . / ; Is 7LAWCi�ALE 4 2 P. 3� y 6 s 4 3 2 4.234I )e 10 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on May 15, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho, from R-4 Residential to C -N (Commercial); the south 40 feet of this parcel is already zoned C -N (Commercial). The Applicant also requests a conditional use permit for the operation of Inchworm Day Care Center at the above property which is known by the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Application. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this 24th day of April, 1990. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 627 Meridian, Idaho 83842 Telephone 8884681 - i 3877, Sept. 1986 FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL 3" >D '3 v n\ V N N ul Ln lT 2 y 0 r Lrl $ J N v V 01 V iP V W N r 0�1 3 _ � G R �A 0 Hy a�rro�p !! u 01 y r01'w O [[a�7 O H W f) r r (Ar0)ornr N H r W C+J r m r CGS V N v r V N '�ypx7 cnG�rn ,p ,P N 10 a r 1 •l• 10 201 rnaornz Orr yg O OD FC d �i '7. 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CERTIFIED, AND EXPRESS MAIL OD V 01 to 1>• W N o TDy O o? ` pITI mD of mf0= 0 3 3 NpD w N N N w OND w w v' 3- ! 9 OD o • .P N J (JI pDOD In R1 01 H l0 pD�pOy 'D 'Z t'I� N ".b C OD 'h' N fl. C 44Q E b mX YyCj`+j Sc < X H< d z 0 S3Q HHz R+ R•. WTyy�HR+OyDMI-+I hD12, WfHL1 y(�H K' � d U 7. (110 Om f! 1�� (H] Oy 1-3 �l Oz H D 2� ��• O �rpkn�bz zzx t�T ..c1�En H y V] � yz d 6 N PM [s] 01 Vl OD z 8 V2 a w d OD oo ~ G OD $ n N W • OD •• A D ° ❑❑❑4 @ o $ � O N p NNTI IN) Ln IIQ NTI INTI S ❑ yqn k C 00 Ln CD co Un aG z tfAn tHnO �ywS of F.. no�' a $�3. 5534 5��� k -H All _� o � s ° .a;. frog s � � i Ko F� a3a ?c m »5 R 9C° o +c $oo ° ao a'NW° C.uo o� 0• C % �q o'X^°° O ra $a Y v A�Eo�. b !3 o°wn3� b -. a gg Tw $O y =°_ y In c_$'S ' -I Mm ER' N n 60' ° n O 1 Y 80 h°s s City of Meridian May 22, 1990 33 East Idaho Meridian, Idaho 83642 TO: Honorable Mayor Grant Kingsford Members of the City Council RE: Linda Paddock's request for Rezone & Conditional Use Permit Please find attached a revised plot plan for parking and play area for your consideration. Also find attached an Earnest Money to purchase additional property for proposed parking and play area. Your consideration of this new proposal and calling for a public hearing if necessary at the earliest convenience is appreciated. You will note as per the revised proposal that all customer parking is off of Cherry Lane. The only parking off of Crestmont will be for 5 to 7 employees. I believe this revised proposal will alleviate the concerns of the public and council regarding traffic congestion on Crestmont Dr. and customer parking for the day care. Your cooperation and timely response is greatly appreciated. Respectfully, Linda Paddock I DEAL ESTXM FlMMU AND ME AW=Mff No MCWT FM EMWW WX&V f Ilr Ym r w �f av a �/Ya• Y r aaYr Y••pY•. a IRKIMN llli•rYM•11•a.MYI•ra•.1•aYr�.r.f• IYYM•Ylwr.tlftiva•Rerle�m•Ymiwr�wrrbl.TlrY.rrY1YYYYmrYl. i'/W maE YRY a[enaa.a4RarrawamfRr�eaR L/ 'Yh L.P/D/A.V .r. a56 as e11[REYaRE eErRas rnionn ro cacurpr er t[ue+rla Yfe.•..w r�]wwar.Yy.wmmn.a YYYYNwirb r R—: �•'—� IwtlY�eY W.00YYp(•nonp CMdiO4a+r•Rrrt OWmW ow al Erw YMYbMCbwYYYYr1.vaYM YaimCbm•aYyNW Ym�I1G•MkYY �rrg4ra« Ndiw�[10bp W YY.•.'s•ItlmrrwrYY/w. rywrtYwyMYrrwae44mabNnpll••arMaYafb•YYmW)aW MM.a•tlbl..r4 . YwM rY..YR re•Isr FperYW a.•IYY. m nrrer.e.•Y. nr r.«4•.wa•nM�rw+•Y.r.r.am.1�rY•��Qw>>rMYt�'dMp}m a••1'a Yr aYw ■• M••e/ �' '( {� .SIO Cr+.r/ r 1. mRirafaaft•was a � .. f� Ymo,YRbramw FwwlYmb ahap.a•wYab•0. . Ww•aYMae••Fis W1F.M4Yd•q. 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Ata. • .60'waYfbb4a YlM.MorItl MCrYpYGar•MNYa Y•h•yM•. f QSRflp.a.Yay.Y r •NYYW Y.e•t YMYOYYpaMY1.01rYYY••a•YNYrymMY/M.Y Y4.lw b d.iq btl rW M.rtlr Yn « f.fazrRea.Rn.r.rr.re.s .b ..Mr•a6rr.wMw adoo•rma eie.a.a t.. ?/. /99n .YBWrr. b W®aY+..a•...a.YnYr.sM•.aw..M.er.Mu.mrrr�a.a.eroer.�.aY.mn w.r• �pBF Y�n�..r.q.arY n Yageoae•rwa.C•IY•Itnoo•mYmiai�a.a • .1fR Ras M3L//fid �If « m. fyoerurt-uaKiNM'ipafR.urararwrYr Ya.e•eYppYYY.yvbpm.nN• rY.w.onYf.Ynw•Ywe«.MY SJi/!L .r.m wm w+u nw mc..w maYm Y1 MY..w«�awr... . a.Y.r.•podf.Ytllr.lYeYprYYtl.arn.FYYirYYmYWfpeMb.Y.�.•rrr.rYoe•M.aYm.pYbYYl.d.•.r•0,.•I..•ww1.Yr .. u+.o.f•er. � fs root: OYNitl,l/Ylrgbp•. W.'<•pl rM•M1wRYYam. A .M.•.: n rlr•rnrmM.Is.. - !••r•. n �t.�r•�•b.wry�YYY�YM.Y p.pYSYYrY n AMBROSE, FITZGERALD &CROOKSTON Attwnsys and Counselors P.O. Boa 427 Meridian, Idaho 83642 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on April 10, 1990, for the purpose of reviewing and considering the Application of Linda Paddock for a rezone of the north portion of Lot 2, Block 2, Tedi Subdivision, Meridian, Ada County, Idaho, from R-4 Residential to C -N (Commercial); the south 40 feet of this parcel is already zoned C -N (Commercial). The Applicant also requests a conditional use permit for the operation, of Inchworm Day Care Center at the above property which is known by the address 1717 Crestmont Drive, Meridian, Idaho, and hearing will also be held on that Application. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this/1_a_ day of March, 1990. JOCK NIEMXNN, CITY CLERK 1/24/90 • 0 Daniel & Dixie Wood, 628 Lawndale Dr., Meridian 888-2936 Roy & Dorothy Murphy, 618 Lawndale Dr., Meridian 888-9833 Blanche Conde, 606 Lawndale Dr., Meridian N/L Winston & Gertrude Von Brethorst, 619 Crestmont Cir., Meridian 888-5910 Randal & Debra South, 629 Crestmont Cir., Meridian N/L Gerald & Irma Phillips, 544 W. Cherry In., Meridian 888-7850 Teresa L. Paine, 1728 Crestmont Dr. Meridian N/L Judith Lolley, 1720 Crestmont Dr., Meridian 888-6786 George R. O'Connor, 1819 Crestmont Dr., Meridian 888-7120 Dennis & Joan Rath, 631 Lawndale Dr., Meridian 888-6177 Linden & Tina Carr, 621 Lawndale Dr., Meridian N/L Rebecca Hammon, 611 Lawndale Dr., Meridian N/L Richard & Jane Davlin, 603 Lawndale Dr., Meridian 888-5260 Leonard McFadden (owner -vacant lot @615 W. Cherry In. ,Meridian) P.O. Box 275, Meridian 888-2289 Paul M. Pack (owner -vacant lot @1323 W. 4th St., Meridian) 1684 Havenwood Dr., Oceanside, Ca. 92054 Gregory & Margaret Peterson (owner -1725 Crestmont Dr., Meridian) 2599 Rebecca Way, Meridian 888-6283 Katherine Caron (owner -511 Lawndale Dr., Meridian) 3805 N. Cole Rd., Boise 83704 375-1667 Richard & Mary Louise Navarro (owner -1829 Crestmont Dr., Meridian) 238 W. Washington St., Meridian 888-7036 Neil Denison (owner -522 Cherry Ln., Meridian) P.O. Box 1537, Boise 83701 345-4451 Doyle Nixon (owner -1804 Crestmont Dr., Meridian) 928 W. 8th St. Meridian 888-2945 Philip & Joan Peterson (owner -1814 Crestmont Dr., Meridian) 5160 View Dr. Meridian 888-5532 Tri State Crane & Rigging (owner -1824 Crestmont Dr., Meridian) P.O. Box 393 Kuna, Id. 83634 N/L Cecil & Bethal Cherry (owner -604 & 1706 W Cherry In.) 7585 W. Ustick Rd. Meridian 888-0057 Jerry & Lorraine Mortensen (owner -540 W. Cherry In., Meridian) 4045 Greenmeadows Meridian 376-5968 Grapevine Wine, Inc. (owner -424 W Cherry Ln., Meridian) 424 W Cherry Ln. Sp. #21 Meridian N/L/ 0 _0 `` GHINYKN GG bLY0.. R VLn C'^J t uvu. A E SEVENMILE TO GRNen Clly p SEE"N.W. ADA COUNTYa MAP". '-ABOVE MO IlLnrn JUNCTION � �TONaWNB.Pac �1z First 8 r NMA t . ' JIMEwRn VOR. �-�-Sk"�-.,�-� 3 Mi ( MILES! �ndJ • 26 2'5 "W\ W 30 FORRCOMI UATION OF MAP �F 26 �Y[YER Si,W C1 z `Ci Tay SEE "EAGLE MAP" OH OTHER SIDE o Z c Z� 29 ss Lo,E,•. +w."xR.RV C 6 Q Q a c Q W Q 3 ,SoINN o uraER� ✓ _ sae 2 rr1Ax RO AYRUAx w. 1 z YeraAR RR. W (,� � HEPITAGE W "n \• a tum MYIERIM. COYLEE VAPR • 36 w `\'� aeFx oa 35 _""_`31 sroYgr, ; 32 xaLrmrv~ 3 MEN ged, Full Color Map w�V�-^---��x =.g. I. evadable through O .�. LWnd ` the Menden Chamber f < ACRES \ Commerce, Phone 88&2817 s t o__ < - �`••,,•,•••••�••• IewlsacLARK 10 I <D —t p onwEaER TWP. 4 L.__ Creek USTCK S RD. a, •', a- N• TOL\ .N USTICK RD.—+�— VICTOPYI M.ELROY ,�i � z F.POST • STURBLEFIEW �" Y < j _ MANVILLE P.oPo..c w.xwmmr t "•MERIDIAN �'J O Slough ��—'� ±,d _eN, _,r �z. PAR f S�.,n ^ TWP.3 N. al CAIRNS soRlh f -E-1 Y\N (ELD ]R p • Creek sM.�AI MA GLENNOR� " d MERIDIAN NORTH CURVE v \ I "n a l�� MEAt SIANO�R� .ur Penn,L A,.. E CAROL II ¢ \ ou?[Au'« YR CNh,I / 4 on :c ArEAu \IEWo- R, °eiv "y "A°" MERMIDAIC 4"4RA G r�S1 5 i s 4 CLI,".— S O .`.`��m..��v'_ �tslyl First __uIy Ji rsuNxreaooc/tee• j`••�'°"r •`. '�":,\'" E.°"m€ T awyll�weRoy FJE4 °"sEt'Ltexa /� 3 FARM51.'aESi P r& �+e€ ?y'�.a i .°: of lu II 3r Y,ILLAGEA� eenC// I o uP• d S: u .4� Y 55 VENTURE LCHERRY� sroP roc �tb NORTH 5 CHERRYM..a. LN.„ He ¢ 'FAIRVIEW AVE. SS FAIRVIEW nHMdc Ave HUR W r TOBo1M" �.i4 RETHAVFN 4ATE ro SM Yr LLYr,MwnlML _ EAGIEJR AVE. �y J '.A . enN . lY I 55 _i" . __,lF w�Mr ,,5.[y • a ,." R Nw.i LAsw� PARK" ea..na = 'j2c.nL•waONE F:e" -rW O�F� �Mer_idi�� PI-17 NE -; T. 'wt- AVE T. TOWP�E ..<'="='' La+cBSB•�dYE_ E•..o...R�- ,. .. n- R;e�•• 71 ons e 8 ..ThewRrl...• I =' •«k `.r GROVE\ smile; =l. wc:wrl- 12 Rall Pasasnpn SARYIp 12Y `m'"" LJq�ea�.rn Boom AmbMMBWyaNamp `"•-'""c• ��" °iBRATTY R I I FIG M"R"is R e OWEeRai. in,irM �A •hYLL a n G•-ESN•—� \ FRANKLIN a MMCD.urs ROAD I NO'^"�aP. e e z . Ip "• G y io SYI TEx NNIP I I r I I' < FRANKLIN.—_ �tl ROAD •' N o €- 1 - CR 1Ta10 I ¢ Y ""F `— GHEENXIYt i ex S 3 ^ FARMINGTON QEek ESTATES €F r I }� s c M1 �"" p ESTATFs i "�`" p T p • \ F cF TREEIE Alls j car. ESTATES UNDER ACRES P Y I mitt sl, dA"=R.E � A1erq• FRANKLIN \ S BFn 17 ySQUARE` YL'64 PRMI•R \ k1MWC li - 4Nn 16 To BOpY 14 IcunAaR Iz 13j ,...., Ew. j8 14 Y¢w OE'MrRY� rox N,TRYmRIRl. E p W REe. z .MiiiR. - I« --- 13 `'�;�c °R I3 7.@nC.h\�a,� € s5 „""^•^Pa^" 's� LocusTi } I +'•• NWY. TO BOM TrIn feRB, _ 3 tSSB OREGON TRAI HWY ,'r' V0 jl - 30 g ^^s' ,vFN�`.•• 1 11/&SINTLLL///888AR CH)', U€ h ITI ;,.w.ra \ 1 'OREGON TR OVER IaE rewB1 C S¢i Mm vl IU P nPc.n WAV EE VIEW B C e ya I wmriRfeRepmmB f.. 69 _ L.. K OVERLAND ROAD .y OVERLAND M. I I � i • I 11\ Y CLO DEL i 3 i TERRACE'' MERIDI�_� E. BRIM VIEW ESTATES I\\E D 24 V LIN HIS f HEIGHTS \i b 44,"n 1 n"Wr0 a,.wpsL a (Y G ;a a SotrrNCATE 3 " zo 21 a A 14 \ mvF ` �l (MERIDIAN HILLS n"nw[u� RANCHO$ NOR Q i 4 ^ L \ ., Rd`"a•'S!' Los Yos gwgi i MODEL FARM�� ''Rn•'nalA Z s ACRES R cxL n :C CC i .eu� ceL,o, Rea „ • PEBBLE I VICTORY i s RD, .w• \ \ t uaroeRUN Art w Heron E LANE i 9 •x.wr I [wr o�rEr e� irrtsErrEw �_ mor EaR r y mi n49mt .i M ♦ e " suao. e.H..PNnrrnnusAw @Cn_ . "'"•, R uirggnrT.Yme.n a HEIGHTS 26 �y nmw .yRe a.A 25 BB .'w`d w.:'..."'"°Y".' °'""" "..n z e e 30& 29 ,. 28 RNHYonE eNWY15 3 •M„.�wlLorrLri \ '} ! da - A=- ^^w^,.w FOR CONnNUATION E OF MAP SEE "S.W. ADA COUNTY MAP" ABOVE i r Reamer. C BM n�+u. o.weR This MAP canrrot be used i w rw g•wr E.A r RD. /M bgR/PUiPO8R8. Y �� MITYi C A\g W STUBBLBFIELD: ROAD AMT/ RD. • T • v • v 0 w x _e. 7 8 9 10 1R. to 7 9 42 2 W Q 2 6 6 J 6 27 3 4 = 3 4 7 0. 5 c2 EES MER/G F-�d 4 _ 6 O 6 6ZQ. d�B D 5 26 7.. 3 7 5W 3 W Q 6 9 z a 9 40: Y ! 02 2 Q I 3 Q I IIY Df�MAR 10 1t WILLOWBROOK 2 3 0 12' 13 14 15 16 ® Q pR 4 5 9 DR, 262 25 p 1 2 3 4 5 8 6 — 14 13 M It 272 24 i 6 7 8 9 10 It w 8 10 9 8 7 6 a I6 15 14 13 12 II O 19 20 u 5 284 23 w TIFFANY 9 Is 3 IUlAr V F' WWI 1 2 4 2t 5 _ p I 0 I8 I7 4 Go 29 — 22 A 7 17 22 4 3- 3 30W 21 Y I3, 12 II 10 9 8 23 C 5 6@ z m 4sJ 16 RAiVyER DR 2 31 20( LONGFORD • U 12 13 !4 15 24 25 26 27 28 29 30 31 32 32 19 i8 n 10 11 ev,•+ /3 6 s a 3 2 1.. 10 16 1y 7 STOREY AVE.2� 9 8 �,. " 14 6 7 6 5 4 6^ 1t G'S% 7 6 Zr 28 12 I'9 I 6 9 3 7 2 5 10" W J3 Q. 1 2 6 5 4 ��. 4 - 1' l0 25 u o I• to Mc GLINCHEY P i0 's a O 3 II 24 ch- N 20 9 Y_' ei9 1S Oj 2 -. - 12A 13 12 12 1 - Z'I2 23 to 3 _ It \ 7 13 22 21 z 14 1,� NO 7� - 15 µ 14 Is ,` V IB 17 W 1s 10 J Q 6 16 6 - 9 Z 1y s 2® \\\ YOST AVE. 16 a 3 2 5 I 1 Is Vr Q) 20 21 6 17 J a 4 Oft. -i n I6 le 9 LAW;—ALE 3 a 1 16 7 J O 2 ® 19 6 5 .. pp' pp Vy Bf�MO 1 r��NVy I 1 I , 3 - 1" 7L.1 y. w I W 12U.U0 0 M 0. V o. o 0 o _ O o I K 90.00' "0 ED 0z 100.00' ` c '� N r0 0 obb LAWN DALE 4 g- O. 8. �, N. 710 3a 00- E. N 134.95 ? U DRIVE w N.7P3o'oo'E L N 8. p 90.00' ao e OD 84.95' Cl.-+ w a O WO O O I 30' 20 m 120. 0 4V o O( °' ° a Q _o.� < O O r oo Q ld N 71' 3a 00"E. C) ' Q I S. 710 3a 00• W. 91.04 I J Q b 104.95' N J � A A IJ V1 W �r3- N m 25' o 1 I (A 30, m I N U W w /o N.67035'20E• 0 S.62o0a00.K n 91.65' I 116.74' p 0 a 2 • to p° 4' w. m I dl .o 0) m 01 N 14_ O _'got" _ ��8p0p• � � X45.00' \kms � I � J 65. C'6 n s, 96.94, f' 8 > E z 0 6 2.45 t 0 A 1 o f P N T 30' ipqR a g E +_ � o OF T T /s L W Q m pt 4Twb 0 IVo I u_�= e00p. o a to =— N W N LIN p ' 6500. nl I �' 0 =--. S.99e4g�,O" N \ UNP)F E Q T� $fir 65{ i