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HomeMy WebLinkAboutVineyards Subdivision RZ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the l aws 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 Max Boesiger, Inc., for a rezone for a neighborhood convenience store and day rare center which is to be located in the North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, for 4.05 acres from R-4 Residential to C-N Commercial. The property is yenerally located at the SW corner of N. Linder Road and W. Cherry Lane. A more particular legal description for the parcel is on file in the office of the. City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. L 1990. DATED thi~~._ day of r. ____- end Box ~tl i.n.lONo r - z / O .~A - g ~ i ~. w ~.~ : ~ u G N ,~ 40 1 '_ 'y 7' T tw ~ ~ ~ -o s • N V r a .. • x g ~; 1 ~. )• 65 a ~ x L p w '^ ~ 95.09 '~~ _ „ o i en io> C ~ ~kl>T~ t C ~ i ~ )S SE 0 Tj u O .. w~ ~ O w . o ° ~ `p` ~ A 7 ~ •~'.~ / O C d~ '~ ` N ,~6 `J/ ~ O ~ e G u V ~~ T a v ~ ' U Ol n ~ N JJ ~ I I ',a '~ u ~ + '3' I I' ~1A~ ~ O $ , ° o ~ ~ ' ~ t e, 4 • N ~1 =~ 7~ 7 ~~.~ • C V N N ~ b < " o. ~' ~ ~ f I ~` ' ~ o "~ ~o~ =~ U ~ N u o O ~' N u ~ N A O / N n~,~ ~ m 3 ~ H ~ ,~ . ~ ~ ~ O ~ ~Iti b" u k ~' S N ~ u !i ~i o ~ n N r m -- d0 S A ~ ~ ~ N PLACE_ ~ _ ~ o c c, _ i oo r*1 ~ ~ "° °° a ~ U ~ N • I~ ~ _a S V ~ J~ j O ~`~ • Im r !` x. ~ , ~ ~, gu y , _ K _ dO d0 d0 da -' __ T __ ]d _ - A R ~ I ' __ x rS3. > - ;~ -~ w ~~ S'`c N ~ . .. .. a J~ "Q C D ~ ~nm s0 ~ >' ~ I I I ' ~' ~ m x = =: x s :m x UNPL tiTTED ~ oe x~ ~ >N m D D I x s }. O G -y m 44 ^~t o~ ~ ~ _ r D m so m m Z ~ Z s_ 0 N O O O m e Z 0 ~~ ` 2 mm ~ ~ ~` ` _ >~ m n ~ m ~ E eg Iq > CI ; ~ ~ Z 0 ~ ~ nriF:i -,. . ~~ca o'' ~~ d ~y ~ ~ ~ C7 ~ D r m Z ~ ~l / ~ ~ r ~ i l ~ a~ U' G O D LINGER :,. ~. ..: -' - ~ - .:~ ~v i `l L '-) C~ ~ _ m 1 ~ t "'~ ~ H . ~ ,.' c A ~ C z m v z ° ~ c ~ ~ o v ~ ~ d _ < ~ a ~ ~ d . o ~ ~' ~ Z z .. ~ ~. ~ D Z m Ir S -- - - ------.-- -ROAD ^_ ~~\\~~~~~ - ~ ' -- ,,~ = p ....._ ~~_ _. m ~ ; - • -~- BOESIGER COMMERCIAL RE-ZONE APPLICATION ADJACENT PROPERTY OWNERS WITHIN 300' John A. and Naomi Dyer 1700 Almaden Drive Meridian, ID 83642 Phone: 888-2787 Mark E. and Mary Louise Bird 1915 W. Cherry Lane Meridian, ID 83642 Phone: 888-6560 Glenn and Mildred Nyborg 1660 W. Cherry Lane Meridian, ID 83642 Phone: 888-9692 Ray A. Carnahan and Glenda J. Crossley 1530 Northgate Meridian, ID 83642 No listing E. Dwight and Janette P. 0. Box 11254 Meridian, ID 83642 No listing R. Snodgrass Kenneth V. and Carolyn J. Wood 1538 N. Linder Road Meridian, ID 83642 Phone: 888-5894 Terry G. and Linda J. Nyborg 1655 N. Linder Road Meridian, ID 83642 Phone: 888-3055 Russell S. and Sonia J. Heughins 1528 W. Cherry Lane Meridian, ID 83642 No Listing Calvin F. and Ann L. Barlow 1516 W. Cherry Lane Meridian, ID 83642 Phone: 888-4165 Samuel C. and Roberta L. Lytle 1440 W. Cherry Lane Meridian, ID 83642 Phone: 688-4673 Northwest District of Lutheran Church Missouri SynoLane 1406 W. Cherry Meridian, ID 83642 Phone: 888-1622 Stubblefield Development Co. p. 0, Box 327 63642 Meridian, ID Phone: 888-1202 Arnold H. Stubblefield, et al P ~ go>< 321 Meridian, 1D 83642 agg-1202 Phone• George M. and Jean F. Earley 1536 N. Linder Road Meridian, ID 83642 Phone: 888-5176 Daniel J. Hardee 6477 Fairview Avenue Meridian, ID 83642 Phone: 376-6160 Jeffery A. and Sandra K. Gale 1520 N. Linder Road Meridian. ID 83642 Phone: 888-6748 Steve W. and Christy L. Tatman 1521 W. 15th Street Meridian, ID 83642 Phone: 888-6975 Cortland E. and Susan E. Walker 1527 W. 15th Street Meridian, ID 83642 Phone: 888-1820 Sharron K. Hill 1537 W. 15th Street Meridian, ID 83642 No listing Emory lJr•1 and Lame A. West 1539 W• 15th Steee Meridian, ID 83642 887-4812 Phone. Carl J. and Norma M. Clausen N. Linder Road Box 118 Meridian, ID 83642 No listing Meridian Assembly of God P. 0. Box 406 Meridian, ID 83642 Phone: 888-0063 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the -City of :Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on March 13, 1990, for the purpose of reviewing and considering the Application of Max Boesiger, Inc., fur a rezone for a neighborhood convenience store and day rare center which is to be located in the North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, for 4.05 acres from R-4 Residential to C-N Commercial. The property is generally located at the SW corner of N. Linder Road and W. Cherry Lane. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. Y ~ ~ __._- , 19 9 0 . DATED this ),3~_h _ day of `• ~MRROSE, BOR ~~~ ^ - r ` ~ ~ ~_ O -^ Z ~:11 Q ~O U N ' ea ~ ~ ~ x P . N u- u ~ u ~ -i • / 1 ~,' U . ~ i S~m ,.~ , X es so / ~ L 95.09 N ~ q e(1 107 _ _ _ t ~~~ h ~ ~ O jj L i ~~_ J ` Q er ` ~~ • ,,g 23 ~ N er + - ' C er ~'b. v ~ __ m 0 0 1 .. 0 ~ m n ~~ )J * ~ ~ , N ~ ~ I. I ~ 49 r 0 N c + 1 `~> I' l iq~ ~ ~ 7 N = N N ~ < ` ~;.i' .. i~ A ' / .q ~ - 105 .~ 0 - r NCR Z .~ t - R1 ' ~ P ~ eJ "`~ -_ ~ PLACE n e os ~ - I ', -- u ^' a ~ N )s Q ~ N n O t ~_~ ~ o ~ u ° m ° a H m .'D 3 n PHASE 7 m 3 ~ 'O "' o ~ ~ ~ +xx ~ ~ ~ O P-usE ss C m n p ~ RI;,; ~" O ~' b 5 U ~~' D e Al o ~' D N c' ~ ~ S ~ o = N N PLACE ~ m c ~~ ~ ~ ~ ~ Y ~ •~ N I J C ~' s ~, 34 ~ ~ _ o ~'. Im s r- f~- •+ U ~, ~ + s _ e0 BO !0 _e0 /3 Se _-~- - ~ .e r ~ o . se r33_ ~ ~ 9J N L ~•• . 3tJ N z I I s J ~ 'a ~ m J1 ° _i ~ / mm ZI s ° 1 r - yB x' x' x o. I ' - - x UNPL'ATTED r1' Il u m T . 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S' T ~ ' _ 1 I . ~'~~~ } J U L 2 0 1999 f TTY OF ilEf~IDL~. /I p' / ,, .~ C ~~ f u- ~ LI ! rx <' z: ~F- `~t-- ~ ~ t t`Li' ~ L, ~^G~c' ~ ~ U ~ G~ l U 1 5 i CJ~. -'~ ~" c'~<' ~^ Federal Emergency Management Agency ~~ „~ Washington, D.C. 20472 ~d ~ ~G ~~f ~E~ ivOV 2 9 1994 DEC G 5 199~t mrnd:an City Engineer CERTIFIED MAIL IN REPLY REFER T0: RETURN RECEIPT REQUESTED Case No.: 94-10-029P The Honorable Grant P. Kingsford Mayor, City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Community: City of Meridian, Idaho Community No.: 160180 Map Panels Affected: 160180 0001 A and 160001 0231 C 116-D-A Dear Mayor Kingsford: ~ VfN2U4/t~l- ~~~, On July 20, 1994, you were notified of proposed modified flood elevation determinations affecting the Flood Insurance Rate Map (FIRM) for the City of Meridian, Ada County, Idaho. These determinations were for Ninemile Creek, from just downstream of Cherry Lane to Linder Road. The 90-day appeal period that was initiated on August 18, 1994, when the Federal Emergency Management Agency (FEMA) published a notice of proposed base (100-year) flood elevations (BFEs) for Ninemile Creek in your community, has elapsed. FEMA received no valid requests for changes to the modified BFEs. Therefore, the modified BFEs that became effective on July 20, 1994, remain valid and revise the FIRM that was in effect prior to that date. The modifications are pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and are in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. The community number(s) and suffiz code(s) are unaffected by this revision. The community number and appropriate suffix code as shown above will be used by the National Flood Insurance Program (NFIP) f.or all flood insurance policies and renewals issued for your community. FEMA has developed criteria for floodplain management as required under the above-mentioned Acts of 1968 and 1973. To continue participation in the NFIP, your community must use the modified BFEs to carry out the floodplain management regulations for the NFIP. The modified BFEs will also be used to calculate the appropriate flood insurance premium rates for all new buildings and their contents and for the second layer of insurance on ezisting buildings and their contents. Federal Emergency Management Agency Washington, D.C. 20472 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Nonorable Grant P. Kingsford Mayor, City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Dear Mayor Kingsford: /~` a~~ ,~ub d• IN REPLY REPEB T0: Case No.: 94-10-029P G~r~ ~n.2 Community: City of Meridian, ~,,, ,/ Idaho Community No.: 160180 Panels Affected: 160180 0001 A and 160001 0231 C Effective Date of This Revision: JUL,20 1994 102-D-A This is in response to a request for a revision to the effective Flood Ineuraace Study (PIS) and National Flood Insurance Program (NPIP) map for your community. Specifically, this responds to a letter dated February 21, 1994, from Mr. Stan McNutchison, P.E., Briggs Engineering, Inc., regarding the effective FIS reports and Flood Ineuraace Bate Maps (FIBMs) for the City of Meridian and the unincorporated areas of Ada County, Idaho. Mr. McHutchisoa requested that we revise the effective FIBMs to show the effects of conetruetioa of an 83- by 57-ine6 corrugated steel arch pipe culvert located under Cherry Leese. The culvert was constructed to reduce flooding along Ninemile Creek from Cherry Lane to Linder Road. A portion of the subject area is shown on the FIRM for the unincorporated areas of Ada County; however, the entire area affected by this revision is now within the corporate limits of the City of Meridian as a result of Annexation Ordinance No. 315, dated December 19, 1977. This request follows up on a Conditional Letter of Map Revision (GLOMS) that was issued for the proposed project on January 29, 1993. All data required to complete our review of this request were submitted by Mr. McButchisoa with letters dated February 21 and March 10, 1494, and with a facsimile transmittal dated June 24, 1994. All fees necessary to process this Letter of Map Eeviaion (CONK), a total of $1,700, have been received. Before this project was constructed, data regarding the project were submitted to the Federal Emergency Management Ageaey (FEMA) by Ms. Kathleen Stroeaehein, P.E., Project Engineer, Briggs Engineering, Inc., in support of the previously referenced CLOHS. We have completed our review of the submitted data and the flood data shown oa the effective PISMs, and have revised the FIBMe to modify the elevations and floodplain boundary delineations of a flood having a 1-percent probability of being equaled or ezceeded in any given year (base flood) along Ninemile Creek, from just downst;cam of Cherry Lane to Linder Boad. The base (100-year) flood elevations (BFEs) and Special Flood Nazard Area have decreased along the revised reach as a result of the culvert project. •2 The modifications are shown on the enclosed annotated copies of FIBM Panels 160180 0001 A and 160001 0231 C, Profile Panels 05P and 06P for the City of Meridian, and Profile Panel 70P for the unincorporated areas of Ada County. This LOMR hereby revises these panels of the effective FIRMe fodated City of Meridian and the unincorporated arena of Ada County, September 27 and December 17, 1991., respectively, and the Plood Profiles in the FIS reports also dated September 27 and December 17, 1991. The following table is a partial listing of ezisting and modified BFEs: Ezisting BFE Modified BFE Location (feet)* (feet)* 2 564 Just downstream of Cherry Lane 2,564 2+566 Just upstream of Cherry Lane 2,568 + Approzimately 1,500 feet upstream 2,568 2,566 of Cherry Lane 2 572 At Linder Road 2'572 ' *Referenced to the National Geodetic Vertical Datum, rounded to the nearest whole foot Public notification of the proposed modified BFEe will be given•in the Valley News on or about August 11 and August 18, 1994. A copy of this notification is enclosed. In addition, a notice of changes will be published in the Federal Re¢ieter. We encourage you to supplement this notification by preparing an article for publication in your community newspaper. This article should describe the changes that have been made and the assistance your eammunitq will give in providing data sad interpreting the NFIP maps. Because this LONR will not be printed and distributed to users such as insurance agents and Lenders, your community will serve as a repository for the new data. The revisions are effective as of the date of this letter; however, within 90 days of the second publication in the Valley News, a citizen may request that FEMA reconsider the determination made by this LOMB. Aay request for reconsideration moat be based on scientific or technical data. All interested parties are on notice that, until the 90-day period elapses, the determination to modify the BPEs presented in this IAMR may itself be modified. Due to present funding constraints, FEMA must limit the number of physical map revisions processed. Consequently, we will not republish the FIBN for the City of Meridian or the unincorporated areas of Ada County to reflect the determination of this LOMR at this time. Nowever, when changes to the FIS reports for the City of Meridian and the unincorporated areas of Ada County and FIRM Panels 160180 0001 A and 160001 0231 C warrant a physical revision and republication in the future, the determination in this LOMR will be incorporated at that time. This response to Mr. McButchieon~s request ie based oa minimum floodplain management criteria established under the NFIP. Your community is. responsible for approving all proposed floodplain developments, including this request, and for ensuring that accessary permits required by Federal or State law have been received. With knowledge of local conditions and in the 3 interest of safety, State and community officials may set higher standards for construction, or may limit development in floodplain areas. If the State of Idaho or the City of Meridiaa has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence. The basis of this LOMB ie a culvert project. NFIP regulations, as cited in Paragraph 60.3(b)(7), require that communities assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community~s ezisting floodplain management regulations. Consequently, the ultimate responsibility for maintenance of the channel modification rests with your community. The map panels as listed above and as revised by this letter will be used for all flood insurance policies and renewals issued for your community. This determination has been made pursuant to Section 206 of the Plood Disaster Protection Act of 1973 (Public Law 93-234) aad is is accordance with the National Flood Insurance Act of 1968, ae amended (Title %III of the Noosing and Urbaa Development Act of 1968, Public Law 90-448), 42 U.S.C. 4001-4128, and 44 CFB Part 65. Pursuant to Section 1361 of the National Flood Insurance Aet of 1968, as amended, communities participatiag in the NFIP are required to adopt and enforce floodplain managemeat regulations that meet or eaceed NFIP criteria. These criteria are the minimum requirements and do not supersede any State or local requirements of a sere stringent nature. This includes adoption of the effective FIBM and FIS report to which the regulations apply and the modifications made by this LOMB. Should you have any questions regarding this matter, please contact the Division Director, Mitigation Division of FEMA in Bothell, Nashington, at (206) 487-4682, or Mr. John Magnotti of our. staff is Nashington, DC, either by telephone at (202) 646-3932 or by facsimile at (202) 646-2577. Sincerely ~~~- Miehael Hazard d Mitigati . Enclosures cc: The Honorable Vern Biaterfeldt Chairperson, Ada County Commissioners Mr. Stan McHutchison, P.E. Briggs Engineering, Inc. Mr. Gary Smith, P.E. "~ City Engineer City of Meridian ~8uckley, P.E., Chief tification Branch Directorate Mr. David Abo Director of Development Services Ada County CHANGES ARE MADE IN DETERMINATIONS OF BASE FLOOD ELEVATIONS FOR THE CITY OF MERIDIAN AND THE UNINCORPORATED AREAS OF ADA COUNTY, IDAHO, UNDER THE NATIONAL FLOOD INSURANCE PROGRAM On September 27, 1991, and December 17, 1991, the Federal Emergency Management Agency (FEMA) identified Special Flood Hazard Areas (SFHAs) in the City of Meridian and the unincorporated areas of Ada County, Idaho, respectively, through issuance of Flood Insurance Rate Maps (FIRMa). The Mitigation Directorate has determined that modification of the elevations of the flood having a 1-percent chance of occurrence in any gives year (base flood) for certain locations in the City of Meridian (including certain areas that have been anneaed from Ada County) is appropriate. The modified base (100-year) flood elevations (BFEs) revise the FEMA FIRM for the community. The changes are being made pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and are in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. A hydraulic analysis was performed to incorporate the effects of a culvert constructed under Cherry Lane and has resulted in a reduction in SFHA and lower BFEs along Ninemile Creek, from just downstream of Cherry Lane to just upstream of Linder Road. The table below indicates the modified BFEs for several locations along the affected length of Ninemile Creek. 2 Ezisting BPE Modified BFE Location (feet)* (feet)* Just downstream of Cherry Lane 2,564 2,564 Just upstream of Cherry Lane 2,568 2 566 Approzimately 1,500 feet upstream ' of Cherry Lane 2,568 2,566 At Linder Road 2,572 2,572 *National Geodetic Vertical Datum, rounded to nearest whole foot Under ,the above-mentioned Acta of 1968 and 1973, the Mitigation Directorate must develop criteria for floodplain management. Por the community to participate in the National Flood Insurance Program (NFIP), the community must use the modified BFEs to administer the floodplain management measures of the NFIP. These modified BFEs will also be used to calculate the appropriate flood insurance premium rates for new buildings and their contents and for the second layer of insurance on eziating buildings and contents. Upon the second publication of notice of these changes in this newspaper, anp, person has 90 days in which he or she can request, through the Chief Ezecutive Officer of the community, that the Mitigation Directorate reconsider the determination. Any request for reconsideration moat be based on knowledge of changed conditions or nev scientific or technical data. All interested pasties are on notice that until the 90-day period elapses, the Mitigation Directorate's determination to modify the BFEs may itself be changed. Anq person having knowledge or wishing to co®eat oa these changes should immediately notify: The Honorable Grant P. Kingsford Mayor, City of Meridian 33 Eaet Idaho Avenue Meridian, Idaho 83642 . l'~ j IRM 3 Zt~..- M1~. , 2557 'e APPROXIMATE SCALE IN FEET ~ ? E ~ 600 O 600 is ' ~I I _~ i ~~/RM4 ' 'ZONE ~; ~.` X y ,~eb c v ,~ ~ JEFFERV COURT ~~~' J / ~ a ZONE ZONEAE ¢~ ~ al / ~ H J ZONE X o~ 'ZON~~ .- WEST X ~ - MARIANNE < PLACE z ~~~ ~ I \ i ZONE X I /~ ZOI~'= X .F =-~ .-2564_/ I ~. ~~ RN1 "~ ZONE X • X FIRM FL000 INSURANCE RATE MAP crrv or- MFRIDIA~. IDAHO nun counT~ _ ` PANEL 1 OF 4 IFFF YAI INOf[ i011 i~NFLF NOT iMINTf01 ~. iy a! rfxF«oc~TgN COMMUNITT•PANEL NUMBER 160180 0001 A EFFECTIVE DATE: SEPTEMBER 27, 1991 Fedenl EnFFefllFy Marupement Asenq RMu~I ZONE X ZONE X .`- ZO N E AE ~"m8` G"k ~.~ ZONE 2566 CORPORATE LIMITS ~- ~~. -~ W WASHINI]1 Vf+~ i STREE7257) ~ ~ ~ A'i nPm i ~r Crrek ~!~rol~B` IZONEAE AREA REVISED -~ ZONE X ~, „biVP.fl ~~ r~ ZONEX ~~ ~~ IRM 3 2: J= !n APPROXIMATE SCALE IN FEET ~.. ~ ~ I~III Fig 2557 ~ u soo II ~) FLOOD INSURANCE RATE MAP ` 6 0 E D! ~' ~ +a ~~ ~ crrv or- MEItID1A~. ~~ IDAHO o ¢ /RM4 nuncounT~ ZOX E hh yb~( G ti N ~ 2y PANEL 1 OF 4 ~ JEFFERV '~ COURT tti lue wv~woee sow e~weu wor ~w,wreol J Q ZONE N ZONE AE '; is.:" al ~ ~ -i H ~~ ZONE X o'ZONE V I X ~ e.wcua~rrox wesr ° ~ COMMUNITY-PANEL NUMBER MARIANNE '- x 160180 DODI A PLACE -~ 1 EfFECTIYE DATE: ~ SEPTEMBER 27, 1991 ZONEX I / Z O It = X Federal Fmn{ency Mslutement Asewcy «-2564 --- i ZONEX ZONE X ZONE X ~_ ZONE X ZONE AE ~ x~,rne creek ZONE ~o ~ 2566 CORPORATE LIMITS ~ r- ~~~_ i xi nern iw• Creek ~~~~` IZONEAE AREA REVISED ~_ ZONF X ~ ,, aivell-~~ r~ ZONEX ~„ LE~'TER ~~ TRAN_ ~ I~/I ITTAL BRIGGS ENGINEERING, Inc. 1111 So. Orchard St., Suite 600 Boise, Idaho 83705 PHONE: (208) 345-2881 FAX N0: (208) 345-2950 ~WE ARE SENDING YOU ^ WE ARE RETURNING ^ SHOP DRAWINGS ^ CHANGE ORDER ^ COPY OF LETTER ^ PLANS [.~ OR/G/NALS [~fINAL PLAT ^ SPECYf1CA7TONS ^ 077/ER ^ ENCLOSED ^ UNDER SEPARATE COVER VIA ^~FEDERAL EXPRESS [( COURIER COPIES DATED ID N0. DESCRIPTION b f I i THESE ARE TRANSMITTED AS CHECKED BELOW LYJ FOR APPROVAL ^ APPROIrED AS SUBM/TIED ^ FOR YOUR /NFORMAIION ^ APRROIrED AS rVO7ED ^ AS REQUESTED ^ RETURNED FOR CORR£CITONS ^ FOR RENEW AND COMMENT ^ PRICE ^ FOR B/DS DUE ARKS ^ RESUBM/T COP/ES FOR APPROVAL ^ SUBMIT COPIES FOR D/S1R/BUTTON ^ RETURN CORRECTED PR/HIS DATE !0-.?7- 9a ID N0. 9a.oSOB JOB NAME GrE-e~,~.«. s~~ 7l.(.k....,,,,~G,~ ~ 2 JOB ADDRESS CITY, STATE TO SIGNED ~.~.-+~ ~7~'1 '~ ~-J kP~ MERIDIAN CITY COUNCIL OCTOBER 6, 1992 PAGE 14 ITEM #12: ORDINANCE #586: ORDINANCE REZONING PROPERTY AT 1310 EAST FIRST FROM R-4 TO CC: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS PARCEL #3530 OF THE NW 1/4 OF THE NW 1/4, SECTION 7, TDWNSHIP 3 NORTH, RANGE 1 EAST, ADR COUNTY, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE: Is there anyone present who wishes Ordinance #586 read in its entirety? No response. The Motion was made by Tolsma and seconded by Yerrington 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 #586 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #13: ORDINANCE #587: ORDINANCE REZONING CORNER OF THE VINEYARDS.#2 FROM R-4 TO LD: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING RND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED RS R PORTION OF THE NDRTHEAST 1/4 OF THE NORTHERST 1/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #587 read in its entirety? No response. The Motion was made by Tolsma and seconded by Yerrington 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 #587 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yedj Motion Carried: All Yea: ITEM #14: APPROVE THE PRELIMINARY & FINAL PLAT ON CORNER OF VINEYARDS #2: The Motion was made by Tolsma and =_econded by Yerrington to accrove t`e Pe^e':iminarv ° Fina_ Plat on the _~ ~ of V~.nevards MERIDIAN CITY COUNCIL OCTODER 6, 1992 PAGE 15 Motion Carried: All Yea: ITEM #15: APPRDVE CONDITIONAL USE PERMIT FOR L.B. PROPERTIES FDR CAR SALES LOT ON FAIRVIEW: The Motion was .made by Corrie and seconded by Giesler to approve the Conditional Use Permit for L.B. Properties. Motion Carried: All Yea: ITEM #16: ORDINANCE #588: ORDINANCE AMENDING COUNCIL MEETING DATE AND ELECTION TIME: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN HY REPERLING SECTION 1-704 AND RE-ENRCTING SAID SECTION 1-704, TO SET FORTH THE TIME AND PLACE OF CITY COUNCIL MEETINGS; RND PROVIDING AN EFFECTIVE DATE: Is there anyone present who wishes Ordinance #588 read in its entirety? No response. The Motion was made by Yerrington and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions r^equiring that Ordinance be read on three different days be dispensed with and that Ordinance #588 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: A17 Yea: ITEM #17: REQUEST BY KEVIN HOWELL FOR CITY SERVICES AT SW CORNER OF LOCUST GROVE ROAD 8 USTICK ROAD: Tim Merkle: My client is in the process of obtaining a 28 acre parcel on the southwest corner of Locust Grove and Ustick. Right now that 28 acre parcel is not contiguous to the City limits. We want to obtain an easement for sewer through the Borup property, which is to the west of us. Before we can get an easement oranted services have to be approved by the Council. Kingsford ^t+s^ your clients wish to go ahead and develop that outside .,,.e amity: Merkle: He would like to get started on the preliminar Croce=_; whether that's through the County or the City, y Plat AGENDA MERIDIAN CITY COUNCII, SEPTII4BER 15, 1992 ITIIH: MIlV[TPFS OF THE PRE`7IOU5 MEETING HELD SEPTII~IDER 1, 1992; (APPROVED) 1: PUBLIC HEARING: REZONE REQUEST W/PRELIlKINP,Ry ABID FINP,L PLAT COZS~R OF THE VII~YARDS # 2: (APPROVED) 2: PUBLIC HEARIAIG: PRI.II p~T ~ THE LANDII~ S[JBDIVISICN # 3: (TABLID) 3: FII~,L PLAT CLV THE LANDING SU~IVISION PHASE # 4 & PHASE # 5: (TABL®) 4: PUBLIC HEARING: REZONE REO[]EST BY JAN~S TfKMPSCAI: (APPROVID) 5: PUBLIC HEARING: RDQUEST FOR CONDITIONAL USE PERU'D.'P FOR DAY CARE BY KALYN HEADING & TAMERA DAMS: (TESTIMONSC TAIQ:N) 6: PUBLIC HEARING: RDQpFST FOR CONDITIONAL USE PERMIT FOR HQ~ BEAUTY SHOP BY GINGER BARI~R: (APPROVID) 7: PUBLIC HEARING: REQUEST FOR REZONE W/OCt~IDI1ZCI~L USE PERiKIT FOR DAY CARE BY LIl~IDA PADDOCSC: (NEW FII~IDINGS 7D BE PREPARID) r~r 8: CONDITIONAL USE PERMPt' FOR [~yyNE & RAREN FORREY, PImPERTy IN OLAA ~V DID 1 CT: 9: PUBLIC HEARING: ~T BY SUE PDCTCANI, CHIIDREN FIRST,. FOR TRANSFER OF COAIDIT_iONAL USE PERMIT FOR DAY CARE CENTER FROM GREENLEAF FADS ~~ ~ ~~, ~~ AT 407 EAST FAIRVIFSV AVE: (APPROVID) 10: ORDIIQANCE #585: ORDII~ ANNElCING & ZCNING PROPER7y ON FAIRVIEHI AVE OOCUPIED BY L.B. PROPERTIES:. (NEE¢ ~ APPROVE CONDITIONAL USE PERMIT IF ORDINANCE APPRC7VID: 11: DEPAR'lSgNT REPORTS: (APPROVED) MERIDIAN CITY COUNCIL SEPTEMBER 15 1992 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P. M.: Members Present: Ron Tolsma, Bob Giesler, Max Yerrington, Bob Corri e. Others Present: Sue Joanne, Roy Peckham, Kathy Townley, Yane Daulin, Verl Roberts, Ruth Wassmuth, Laura Conner, Dorothy Russell, Wayne S. Forrey, Steven Breen, Mike & Nancy Swenson, Kathe' Mitchell, Pat-Fujii, Ginger Baxter, Matt Lorcher, Heidi Sellers, Gary Smith, Wayne Crookston, Linda Paddock, David Turnbull, Guy Walker: ~ MINUTES OF THE PREVIOUS MEETING HELD SEPTEMBER 1, 1992: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting held September 1, 1992 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY AND FINAL PLAT CORNER OF THE VINEYARDS #2: Kingsford: I will open the Public Hearing is there a representative present, if so please come forward and be sworn. Doug Hoy, 1806 SE 5th Way, was Sworn by the attorney. Hoy: Would like to get a building permit as soon as possible. I would be happy to answer an further questions you might have. Tolsma: You've seen all the coaments? Hoy: Yes sir we*ve seen those. There was only one question about an irrigation canal that goes along Linder and we are planning on removing that canal. Tolsma: The irrigation ditch your removing is not a flow through ditch, correct? Hoy: No sir it's not. Giesler: You didn't have any problem with that 40' right of way that was mentioned. Hoy: No sir. Kingsford: Thank you. Anyone else to testify? ~~, MERIDIAN CITY COUNCIL SEPT. 15, 1992 PAGE 2 Max Boesiger, 1399 E. Monterey Drive, Boise, was sworn by the attorney. Boesigeh: I represent the developer of the property that this parcel was bought from. We don't have a problem with the irrigation issue either. Giesler: I feel we should h ave a release of so me kind from Nampa Meridian Irrigation District stating that that would be in fact okay. Boesiger: Yes that should be no problem. Kingsford: Anyone else to testify? No response. I will close the public hearing. The Motion was made by Tolsma and seconded by Corrie to approve the Findings of Fact and Conclusions of Law as prepared for Planning 8 Zoning. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie. - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Corrie to instruct the attorney to prepare an Ordinance for rezone on that property. Motion Carried: All Yea: ITEM #2: PUBLIC HEARING: PRELIMINARY PLAT ON THE LANDING SUBDIVISION #3: Kingsford: At this time I will open the public hearing. Dave Turnbull, 11322 W. Hickory Bark Drive, Boise, was sworn by the attorney. Turnbull: Does anyone have any questions? Giesler: Concerns about traffic problem with only the one access. HUB OFTREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk CITY OF MERIDIAN JANICE 6ASS. Troeeurar eflucE G. sruART, waterworkesuvt. 33 EAST IDAHO WAVNE G. CROOKSTON, JR.. Attorney EARLwARD,w.etew.tsrsovl. MERIDIAN, IDAH083642 KENNY BOWERS, Firo Chlel Phone (208) 8884433 BILL GOflDON, Polite CINei 6ARV SMITH, CILY En9lneer FAX (208) 8874813 GRANT P. KINGSPORD Mayor August 18, 1992 Mr. Stan McHutchisan, P.E. Briggs Engineering, Inc. 1111 S. Orchard, Suite 600 Boise, Idaho 83705 RE: "The Corner at Vineyards No. 2 Subdivision" Dear Stan: COUNgIMEN RONALD 0. TOI,SMA J. E. BERT MVERS ROBERT OIESLER MA%VERRINOTON duurm.n Ioninp 6 RenNnq JIM JOHNSON The City of Meridian can provide sanitary sewer and domestic water service to this subdivision. Si~LCerely, ~~ Gary D. Smith, P.E. City Engineer cc. File B. Stuart E. Ward r MERIDIAN PLANNING & ZONING AUGUST 11, 1992 PAGE 3 Johnson.: Anyone else to testify? No response. I will close the Public Hearing. The Motion was made by Hepper and seconded by Rountree to have the attorney prepare Findings of Facts and Conclusions of Law. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea; ITEM N3: FINDINGS OF FACT ON REZONE REQUEST BY JAMES THOMPSON: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby adapts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Absent; Alidjani - Absent; Johnson - Yea: Motion Carried: All Yea: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby recommends to the City Council that they approve the rezone request by the applicant for the property described: Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea; ITEM #t4: FINDINGS OF FACT ON REZONE REQUEST W/PRELIMINARY 8 FINAL PLAT ON THE CORNER OF THE VINEYARDS #2: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vate: Rountree - Yea; Hepper - Yea; Shearer - Absent; Alidjani - Absent; Johnson - Yea; Motion Carried: All Yea: The Motion was made 6y Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezone application by the applicant for the property described, and as stated in the decision and recommendation with one minor small correction in the last sentence, to read the property be rezoned to R-4 and no other uses other than church will be allowed. Motion Carried: Rountree - Yea; Hepper - Johnson - Yea: MERIDIAN PLANNING & ZONING AUGUST 11, 1992 PAGE 4 The Motion was made,by;,,Hepper,..,and seconded. by Rountree to recommend approval of the preliminary and final plat. Motion Carried: Hepper -:Yea; Rountree - Yea; Johnson - Yea; ITEM 1e5: FINDINGS DF FACT ON REQUEST FOR CONDITIONAL USE PERMIT BY GINGER BARKER: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call .Vote: Hepper - Yea; Rountree - Yea; Shearer - Absent; Alidjani - Yea; Johnson - Yea; Motion Carried: All Yea: The Motion was made 6y Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Rpplicant for the property described in the .application with the conditions set forth in the Findings of Fact and Conclusions of Law. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea; ITEM #6: FINDINGS OF FACT ON REZONE REQUEST W/CONDITIONAL USE PERMIT BY LINDA PADDOCK: The Motion was made by .Rountree and seconded by Hepper that the Meridian Planning and. Zoning Commission hereby adopts and approves these Findings, of Fact and Conclusions which recommend denial of this request. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Absent; Alidjani - Absent; Johnson - Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Hepper that the Meridian Planning and Zoning Commission, based on these Findings of Fact and Conclusions of Law, hereby recommends to the City Council of the City of Meridian that this request for rezone be denied: Motion Carried: Rountree - Yea; Hepper - Yea; Johnson - Yea; ~.. MERIDIAN PLANNING & ZONING AUGUST 11, 1992 PAGE 5 ITEM ii7: FINDINGS OF FACT ON REQUEST FOR CONDITIONAL USE PERMIT BY KAYLYN HARDING & TAMERA DAVIS: The Motion was made by Hepper and seconded by Rountree that the Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Absent; Alidjani - Absent; Johnson - Yea: Motion Carried: All Yea: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described Sn the application .with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required-to meet all of the Ordinances of the City of Meridian, specifically including the Uniform Building Code, the Fire Code, the Life Safety Code, the Electrical Code, and the Plumbing Code. Motion Carried: Hepper - Yea; Rountree - Yea; Johnson - Yea: Johnson: On this particular application, Mr. Hepper thought it would be appropriate that we read Item q10 on the Findings of Fact and Conclusions of Law. Due to the many objections, it i pointed out that a conditional use, which the property is located, is conditions placed on the use but it are indication or evidence that the or general welfare; the objections not constitute such a situation. s specifically concluded and if allowed in the district in an allowed use but it may have cannot be denied unless there use would incur a life safety put before the Commission did ITEM 1i8: PUBLIC HERRING: REQUEST FOR CONDITIONAL USE PERMIT BY KAREN 8 WAYNE FORREY: Johnson: I will open the Public Hearing. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the attorney. PLANNING b ZONING COMMISSION JULY 14, 1992 PAGE 7 Hubble: Mr. Boesiger believes that that location could be really close and we better take a look and if we are that close we better line it up exactly. We will either line that up exactly or provide enough off-set that it's not going to interfere with traffic coming out the other direction. Hepper: Are you going with pressurized irrigation? Hubble: The developer doesn't know at this time. Hepper: Just wanted to confirm the minimum home size is 1500 square feet. Hubble: No not necessarily. It will comply with the City Ordinances. Hepper: It says 1500 on your application. Hubble: Okay. That's correct. Johnson: Thank you. Anyone else to testify? Kelly Vick, 521 Longford, was sworn by the attorney. Vick: Is there consideration for the School system when these are done? Johnson: Schools are considered. We do have a letter from the school district addressing that. The City of Meridian does not have any control over what the School District does. Thank you for your testimony. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Shearer and seconded by Rountree to pass on a favorable recommendation and have the Engineer look at the alignment of the street that has been discussed. Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY b FINAL PLAT THE CORNER OF THE VINEYARDS #2: Johnson: I will open the public hearing. Is there a representative present? Richard Boesiger, 131 Williams, Boise, was sworn by the attorney. PLANNING & ZONING COMMISSION JULY 14, 1992 PAGE 8 Boesiger: When we were initially approached an this proposal we weren't excited because after all we did buy the ground for the Vineyards Subdivision. As we got to thinking about it, we began to realize that as the Vineyard's Subdivision developed toward Linder Road, we would have houses that would be backing up to the Maverick Store and to that busy intersection and we began to realize that having this Church on a large parcel of ground would provide a good buffer between that busy intersection and the commercial and a residential. We got together with the Church people and we think it's good planning to provide for a transitional use between commercial end residential and we think it's going to be in the best interest of the future homeowners in the Vineyards Subdivision to have that buffer. We would not be in favor of any use other than this specific proposal. We would like to ask that if for some reason the Church doesn't get built that the zoning would revert back to R-4. Rountree: If his latter comment is a concern, is that a part of the transaction for this purchase? Boesiger: No. Johnson: Thank you. Anyone else to testify? Doug Hoy, 1806 SE 5th Way, was sworn by the attorney. Hoy: I go to the Meridian Church of Christ. Our plans are that if the zoning commission approves and the Council approves and changes zoning we will be building a church building there.' We have already got an architect hired and getting everything ready. We are not a real large church. We are looking at about 25 or 30 cars is all. Ten years from now we are looking at a maybe 50 to 60 automobiles maximum at one time that would be utilizing Linder Road. Johnson: Thank you. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Hepper and seconded by Shearer to have the attorney prepare Findings of Fact and Conclusions of Law for this rezone request with a favorable recommendation. Discussion - see tape. 1 PLANNING 8 ZONING COMMISSION JULY 14, 1992 PAGE 9 A revised Motion was made by Hepper and seconded by Shearer to have the Findings of Fact and Conclusions of Law prepared with a favorable recommendation and that should the deal not go through the land use of the zone would revert back to R-4. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY GINGER BARKER: Johnson: I will now open the public hearing. Ginger Barker, 2181 N. Sapphire Place, was sworn by the attorney. Barker: I've applied to put a one chair beauty saloon in my home. There would be one to two cars at the ^ost in my driveway at any one time. Rountree: This will be in your home? Barker: Yes. Rountree: Do you propose any type of advertising or signage? Barker: I don't believe so. Hepper: Do you covenants say anything about a home business? Barker: No. Johnson: Thank you. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Alidjani and seconded by Shearer to have the attorney prepare Findings of Fact and Conclusions of Law far the Conditional Use Permit by Ginger Barker and to pass on a favorable recommendation to the City Council. Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: REZONE REQUEST W/CONDITIONAL USE PERMIT BY LINDA PADDOCK: Johnson: I will open the public hearing. Guy Walker, 9119 Austin, Boise, was sworn by the attorney. ~4/4~- •. CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST SUBDIVISION NAME: V~/~/~/L li ~ "'-' SUBDIVISION ENGINEER: iLU-/yilq• REVIEW DATE: /- ~J-gz REVIEW BY: Gary D. Smith, P.E., City Engineer The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMMENTS 1. A written application for approval as stipu- L~ lated by the Commission. 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat. 3. A statement of conformance with the approved preliminary plat and meeting all requirements ~- or conditions thereof. 4. A statement of conformance with all require- ments and provisions of this Ordinance. 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 6. Street name approval letter fray Ada County. / 7. Plat Contents: a. Approved plat name - "Plat showing...". / b. Year of platting. / c. Sectional location of plat - County. -1/ d. North arrow. / e. Scale of plat (not smaller than 1"=100'). / f. Streets and alleys with widths and bearings. :. . . 1~ g. Street names. h_ Consecutive numbering of all lots in each block, and each block lettered or i/ numbered. i_ Each and all lengths of the boundaries of each lot including curve table. j. Exterior boundaries shown by distance and bearing (heavier lines than streets ~ and lots) including curve table. k. Descriptions of survey monuments. '~ 1. Initial point and tie to at least two government corners or in lieu thereof to ~/ two recognized County or City survey monuments. m. Pertinent notes for easements, restric- / tions, designations, etc. n. Land Surveyor - signed seal. ~ o. Land Surveyor business name - City ~ location. p. Legend of symbols. '~ q. Residential house size percentage alloca- ~ /af tions. (, r. Edjacent platted subdivision names. / s. Statement of domestic water service origin. t. Dlote advising lot owners they are responsible for maintenance of any water ditch crossing their lot. SUBDIVISION EVALUATION SHEET Proposed Development Name ~4 IE CORNER AT VINEYARDS N0. 2 City MERIDIAN Date Reviewed 02!20/ 92 Preliminary Stage Final RR7CRffi Engineer/Developer Bri¢as En¢r./Max Boseiaer Inc. The following SIIBDIVISION NAME is approved by the Ada ounty Engineer or his designee per the requirements of the IDAHO ST CODE Tha Street name comments listed below era STREET NAME COMMITTEE (under direction of ~ development in accordance with the Boise Date ~ L by the members of the AD CO a County Engineer) regarding this Street Nama Ordinance. The followin¢ existing street names shall aooear on the olat as• "W CHERRY LANE" "N CINDER ROAD" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approve' ADA CODNTY STBHET NAME COMMITfBB Ada County Engineer John Prieste~ Ada Planning Assoc Meridian Fire Dept Terri Raynor DESIGNjBBS Date G // Z Date • "1 y" Representative Data POTS: A copy of this evaluation sheet mast be presented to the Ada County Hngineer at the time of signing the "fiaal plat", otherrise the plat rill not ba aigned IIII Sub Index _F_ Stet Indea MaP N[TlIBERING OF LOTS AND BLOCKS .,. ; i o . ~., w ~ rr H p ~+ ~ ~ w ~~ ~~~ ~ ~ ~ ~~~~ ~ ~ 2 a ~l `~ ~~ w ~F 4 W O ri E''L' ~ ~ ~5w ~ A~~ ~ ~ ~ ~a a qwc o~ n S Eo H ~s~..a ~~ a~a~m ~ m ~ ~ ~ ~ ~ H az~K~~ ~ w o3v ~ N w ~ °~ ~~ o o ~'F q H~ r ~ o F Z m ~ o ~ ~ ~'~ ~ ~~~`~ ~ A ~~ u ~~ ~ ~ a~H ~ ~~~~ ~ ~ a ~.- ~ ,~ 4qJ ~ ~ ~ 1p~ Q ~ n~ 9 S ~ y s F- ~ fu ~~ p Z ~+ lll ~ ~ 9 ~ ~ Q o ~ Q n.p ~ ~ Q N ~Il 0 9 ~ ~ j ~ ~ ~ S ~ ~ ~+ ~ ~ h h w~ IN- °- Q L4' z S s 1- . r S S ^ w w ,~ ; F- - ~ ° S a ~ ,,, S v w ~ .1 0 ,1 t k ~ ~ r' o o ~ ii ~ c o ~ N. a ~ F ¢ D ~ ~ ~ ~ F sL ~ ~' ill n ~ ~ ~ a ~ m z a ~ ~ 2 ~ L H ~ ~ ~ w ~ ~ ~ ~ H ~ ~_ v1 a ~ S d 4 F- ~ Xo ~ ~' r w ,P ~ l/1 u S w 4 hl n 5~ ~ N ice! ~ ~ 9 ~' $ N ~ ~ ~ h ~ W ~ ~ ~ ~ u ~ ~ w ~ ~ a ~ 4~ 3~ ~ cY a s ? H o ~ F~~ O ~ ~ g ~ ~ C N~1 S ~L 9 fit' Fr- Q' y ~ O a r 9 ~ o ~ O J `~ a ,a~ ~ .S C7 ~ v N Q U J' ~ 111 C V ~ ~ W H~ a F W Fd ~j m ~ ~' s 2 t7 3 t~ ~ T ~~ w .3 w w Q `~ 1y ~ Q ~ Q~ ~~ Q ~ A E M WW ~ H v N ? H ~ C V ~ !- ~ - a 4 ~ Q w Gam', a~ ~ ,~ ` ~ ~ ~ $ ~3y ~ H ~a~1 N N w kC~ h a H w A a ~e c9 ~~ ,"'a $ H W H C~* H N ~ a w ~ ~ °~~~~~ ~`~~ p~ g 9z ~ w ~+ ~ ~ x ~ Q ~ ~ ~ ~ ~ ~ ~ W ~ W ~ H E+ W ~ ~ H a ~ 2G~ H ~ ~' ~ ~ ~7j ~~ ~ pNN; ~ Z ~Q O u) 0„5 ~ ~G W v£S 3 O ~p ~p ~j H D ~ tC '~ W ~ ~Y+ ~.] U ~ r'S+ ~ Q ~ a ~ ~ Q ~ Q K °~i ir] o H to ~., h ~ H ~ H~ a W~~ ~ ~ W ~ ~~ U I I I I I I I Q W h ~~~~~IIIIIII IIIIIII C~~IlLI.IlIIpCC~Il ~~ Q~I~Ilip$~~ E. 1st & East Washington P.O. Box 315 • Meridian, Idaho 83642 • (208) 881-4633 5~~.- ~~5 June 2, 1992 APPLICATION FOR (REZONE FROM ~R-4 TO LIMITED OFFICE t. Meridian church of Christ, Inc., see above 2. Max A. Boesinger, Inc. 6479 Glenwood Boise_ID 83704 853-2001 3. See attached description. 4. See attached contract between church and Boesinger, Inc. ~. Agricultural. 6. Alfalfa field 7. Church. 8. See attached tdcinity maps. 9. Area east of property is already residential. Area south and west of property is in process of development. ] 0. See attached tax records. (43 records) 11. See attached check from Meridian church of Christ, Inc. APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION _ 1. CfiJ 12 ni ~, 2 A9' ~l C J 1 ~ t (PROPOSED NAME OF SUBDIVISION ~' Z (GENERAL LOCATION) S c"C A~~ L•hl £ ) (LEGAL DESCRIPTION - ATTACH IF LENGTHY) ~Guc~11~G. YI.C-2~rS7NC FKGrn It-~ 1~ L,r-~~~~ ~ff,cC. ~n S c~ q r/ A cV t7 GvN-r c I f ~a y ~, c-S, +v G i~ rc 1 N e, o ~i r 1 e r~; f3 y .,f.( u,rt (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) (ADDRESS) Y1~ C~i~D 1~ C-NM Y[Crl Cf Ctl lam, S J ~ 1 N ~)S~- `} (APPLICANT) (NAME) (TELEPHONE NO.) (ADDRESS) (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) (ADDRESS (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) OF LAND IN CONTIGUOUS OWNERSHIP THESE ARE ITEMS NEEDED FOR ANNEXATION & ZONING REQUESTS i. Name, address and .phone number of applicant; 2. Name, address and phone number of owner of subject property, and proof of title in said owner; 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner; 4. Legal description of property; 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property; 6. Present land use; ~ a 7. Proposed land use; L., p a. Present district; 9. Proposed district; lo. Characteristics of subject property which make the zoning mendment desirable; ~c(c~.s a yati s (~~,.~ Fre r L~~I d-t.~- li. Necessity or desira ility of development pertaining to the zoning amendment and its harmony with adjacent development; 12. One (i) map of scale one (i) inch equals one hundred (100) feet of the property concerning the zoning amendment; 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered; 15. A statement of how the proposed zoning amendment related to the Meridian Comprehensive Plan; 16. A fee as established by the Council; Less than 1 acre = $400.00; Over lucre = 5400.00 + 515.00 per acre over portion thereof. in addition to above fee applicant shall pay cost of certified mailings at rate of 51.29 per notice. 17. The property will be posted i week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. ncAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MON THIS IS A LEGALLY BIN EY gNG CONTRACT READ THE ENTWE DOCUMENT, INCWDINp THE GENERAL PRINTED PROVINONS ON THE gEYEgS AND ANY ATTACNYENTg, CAREFULLY, BEFORE SIGNING IF YOU NAVE A I . E SIDE L(~ NY OUEBTIONB, CONSULT YOUR ATTORNEY BEFORE SIONIND. I ~ ~/ ~~//Y'l ~.~ ^ /l J-)h f~---- IWnu 1L_~ 19 7~ ~ 1~~/ ~ rt , u ~~) M M IM r«ae SsN •` commonly k es / a« b II Ure bpewlnp esMrdee nr Mr s s MrNMpa nkma0 b ea "«eMees' ti C ' ~ r yy d County a Myra qe n Uea'~ , z yli ' b a ~ n ~ 1/ i )~~,~/ ~~' ( f L~Ap10 C(KAPLE E LEGAL OESCgIPfION M ST [1E NSEirtED Oq ATTACHEp pgpq TO ; na a nelae M 1 g BjLEq I 0 e mired lapel ee9bplbnalM «emaea ll unawpedatlun times ~ ion. BrrYer MrMY auNaaea dokerb NEM av« egrlklg.wl° c orr°d ba MHr bl' «eNOUW eaeraeperronww _ EARNEST MONEY l ~ . or rrmmplaM.) / ~( I (a) IfaYe ~MraW u earneN m«~ey ya a recap) h nere9Y ecknowbepeE a~~ In ~ .i~.4c ~ ^~ / ~ .~~~p -~n _o ~ 1 e+lpencep D ~ ii ers ~- y: Ll Gan yl CMCk ^ Cechan CMM 1] Noe pue O or Nl tlA1meY Ip,~q Hgp~ryeE N Irvfl eccoud ypon ecrypWlce py art penha M 1. 1• e eMp M neY by p LWirb &aw p 8eMrp Broker pgpyr y~Y,~ bun benelH a Hr. porgy Inrao yM ` , _ Mal MM Hro mnbblely a«pu1M proker't Copy a Hua plNmsM eM a mpmepue b IM dwMp. (BrtN«J i i Ic) N o MYHbne nkh Mm mlx Dy Buyer. Buyer sM Selhr a9rae IHY Hn a«roN m«yy (lua seal report Mee. arW Myaurx Br1Yer'e NNaI aMH M ralrrbaE b Blryer Byyr « Sal«;y~ml aMwmmtle IM We Uus b akamlebnm EeY<IN NsF MM rr le . (u) TM wuaa apras pw __~~!~ eti qle G agancY" b IMS UarMaabn Mau M ~ rnWnY Mell prwbs MN poky end «epminary report d mmmumea orb Inc 'tbalnp w x . H • brpi«m eKbw I copeabrr h kwa. p bsn uro eacbe Ildetl MV pe e~ / - 1. TOTAL PURCHASE PRICE IS 46b ~ ~ ~ ~) n` `'~ ~a ~/~ ~Y-c. _ T-.Il~r4 WLLARS (i L ~ l ~~ / PayapN n zJ ,e l' / ) ~~' (7 e a. S C Y Casn Ewe, krcludrrp arty Eernay Mon E p ~ ry (CbsNp mea re aeellionall. a t5 Balanw a Ha pyrtnaM prlp (M.I.P, nd Ndueeel. 2. FINANGNG. Buys b aemre IM bpoa+^V finarrcerr : n FHA n VA ye p , , n Cores, O IHA, C] FmHA, n Aasymabn a eeirbp barysl. (al ^ NEW FNANCNO. Purcneee ban pelerba as nob0 epove br a paMe o1 eah M yt _ y _ %per armum. (II FHA or Vq ban M soupM. naH lM applluae povielarH m pro rrxea aiee neraol.l Buyer Mel pry m more IMn _ rrokye pkn argkuMn Iw p w Saw b qY arty Ma coccus mkrle nanMery N orear za z9 b dukr apow OMCrMee Mbnarp pa rbl b exert _ ports. Arty reeucMn N pdMS Wp pry accrue ro be penrN a IM !] Buyer OSellar. x NI ^ A88UMPTWN. Buyer ro gSSUME err ^ wl1 a f] wlq na M r.wMe m gwliy b en EKISTINO LWN(S) a eppmabreary P , _ pd m more pan _ % wNh mo«My paymrye a epprwNalry 8 n P n I n T fT I q as . TTIe a«aemar n Ooas n Oova rot require LsMer b rassse Seper'e MMiMIY TYm d ban Buys eMp apply br curt ban or sae ayllon wHNn Mree PI p nkNg CayE )Her 8• hrL amegrce of uee epnenlenl pR AOTHER FI 1 po y ~ NN GNG TERMS AND/OR CONDITIONSf~_!~ / r .a. .^ t'n ~~oi. ss 4. GONTINGENGES. N $ELLEg9 g DAY CONTINGENCY WARIER Hi CNECKEO BELOW, SEE ITEM pt6 ON gEVEqgE 6pYE HEREOF. AM waiver py IM Buy« wM M a wanwr a all mainperrcias. (el fYfione 1NO caeNpercaa apply) ry) n flew FkntlrkgtOV«apion - TM e«semanl a oaakgea upon Buyenel~PmperlY qualHYMp b IM epove eetabee Mwprp. n Suppa b ^ N(q Sugect b Sepx i mrrrpmry weMr daa.. Icl n CbMq a m a peMrs IaNe wM ^ Sugea b ^ NOf Srbpn a Ssaar1 mreNpway wlwr dawn. ' Im ~ an« (epecyyq ^ Suplea b ^ N(R SWIed b SepxY maNptlay waMr cloaca S.ITEMS SPEGFICALLY INCWDEO IN THIS SALE DI FNA r vA r r.rnky a wlpM e.a nom k b «r rowx MeN: B.ITEMS SPEGFlGLLY E%CWDED IN THIS SALE: 7. COSTS PAID BY: CpeY N aeepbn b Hrwe seas pebw may M Yrwme py Buyer eM BHMc Urpns oberwNe e«aee ntlan, aPevMM pY Mw a rcqukee pyaaM. Buy«.n.e pyMU• 8NNr1 neerw acm«p M ben aaaumplbn. APPMIML - n eppralatl M rpuYae pelow. pnpeHy novel epPreMe a m Mao uru marad prLL.. n Yea a'Fa Paaamr•. EawrOea co9.r.as rru. Paper r.«.uee. Aeeaim.l r..,,,r,.,....w r.. .__ .__ .._ -- -__ .. H rpuMee by MM« a aherwae WIW Mran, IM pebw web wH pe pert u NHkaled CCbpµµpp Ptlp A ton YIaH COY pe9rer AperS n Fen wv Coh« Fka 80YER WA V / / BELLDI pYIFBpMU I:otl « nnper « qeG rpake m1 b evert i . Dhcaml polies b M MM ae epreoe m Mre Ze err ~. SELLER UNOERSOVIDS Hw n a retlaY a oily ary away hpcuone ME MAY BE gfpllgEO iD YAKE flEglIRS b M proPerlY a ae« b mwery wlyr HN nmarp coca YYNETHEq OR a W NDT A SYE IS ODMPLETED UNDER THIS AOgEEMENi. ~ 8. POSSESSION. Buyar eMp M eaiuee b pwaeaebn m [fdukq n anx er "CbMrp" mew Ha etls m wnlM Y eapwam an elYw rrlcoreep a emepae pyan ea«ow agnl ern IM aw pr«eeee w avepMM b Sapar. Lee one wear eeenam«eelutlnptln YM mpMM ebeeamtlq sepeWl.rant, Nkrrorrmeraaem0.parra errmmaanmea aM'MalbM Saeunearr ulMMeMN M e Y a awsls ass . Baler wH pry b Nra b Ynk, emmrra b ba 0elarmkre0 py tla aupppx tl 8ep«Y apeme. a 9. CLOSING. On « peiae uN aoKp ere, aria SeM epu eePwp wM His aoaNp aperay Y bnM w MuNerrtln ^eceMarY n mrrpab nw eeh. TM ~ b Y doeNp em rr M ro 1WI tlab /(1 q7 _ 10. ACCEPTANCE. BuyNY aHa b mace wgeu b Yre emwHerbe a BNMr m « babe 1zW o'cbck MenMM d 1 ~~1J H S z m W . . a .r ea ,ra accept IMa aprearn«p wlHen tlr pme epadpee, tla cake FerrrM Marry tlup M nhereee b Bry« m ewnw. TpeE Hi NE ESSENCE OF TMS AGREEMENT. n Su ellearee Maaaaryq n S e ee x . ee epecM Co«ptl onerlel. ~~,{ j~~'Y~~r ~ li. IMPORTANT -AGENCY DISCLOSURE. N Ur a/a~e~/p ei«arp Ilia apnerrwq tln ever wortinp wM tla payer npeaaWe ~31LCf~lJ_ ya yr . , art uw epaN wa4kq tlw arbr I<PraaerueE -~=.-r?_I.LG_~ _ .Each Pr1Y Wynp IM1ia eoclmwp arMkme MY eparrcy sae prpYMN hBpa .ESM puIybYY4weabn hoc rase art unesrtlarbe Hie ~p7Mnb be e~ p ~. mien aredowna prevbuah recrvM. Jµ q Lr 1 La1N n n f f'~ . . p _ sspyp a oa N By: Pnaa: BY: ( ~- -. (//1 Pnom: b` ~~ S .1 / 7I Ts Buhr: Bu « Aee y roM: Buywn Bry«Y Pnow: Re.benm BwNwa >a n (M Ura VVh sppmw art amapl nN NM NI bHh b pa abgva e9rNIMa rte k9rea b GnY WI ek IM Mrw HNreel «I IM %H a 1M geNR ] . NVa bw ayy a pus apleanlerll tlpbe py 6aM Wrpe% e 1e Saptl: DeM: Beptla Aeeroae:.~ ct ~! ~/e r .rn fvF" :(eo Satyr: Drs: SautlY Pkaa: Rereaba BwNaaf el A we mpY a tlM lare9spl9 gratlMr, elplae py the Sepr arM mrealnYq tla hip art mmplre Mptl aoacrplbn a pre plembea, le Mrepy rxrelvwe m Hpe M eeY a . Ip _ ea Buyer: _ _ Buyer: THE PROVISIONS OH THE PEVERSE SX)E OF THIS PAGE SNALL ALSO CDNSTITUTE PART OF THE AGREEMENT OF THE PAgf1Eg FACN OF iHF nnr.n~n ,^....n..A~ ~~._...__... __. a es ~' V ~' ~ ~ v V L y , J ~,/ -~-~ !~ COUNTER OFFER #_~~ iN18 R A LE011LLY BINOBq CONTRACr. gEAp THE ENTIRE DOCUMENT, INCWOwO ANY ATTACMYE ~I®~ NEVE ANY OUEBTION3, CONBULT YOUR ATTORNEY BEFORE BIONINO. NTB, GREFULLY, eEFOgE BgNlrq. 6 YOU This is a COUNTER OFFER to the Real Est to Purchase end Sale Agreement end Receipt for Earnest Money Dated: 19 ID IP ~ ADDRESS: BUYER(S): SELLER(S): ~a-zC1`Y ~~ee Seller accepts all of the terms and conditions In the above designated agreement w9h the idkRWng changes y ~ ~,.. lFY~LCi The herein agreement, upon Its executlon by both panies, H made an Imegrel pert d the eklremenikRled Agreement. OTHER TERMS: All other terms and conditions to remain the same. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the rlIpghht to accept any dher oifer prior to Buyer's written acceptance of this counter otter. Acceptance shall not be ef(edlve until a copy d this Counter Olfer, dared and signed by Buyer, is personally received by the Seller ar Seller's agent. EXPIRATION: This counter oiler shall expire unless a copy hereol with Buyers written acceptance Is tlelivered to Seller or Seller's agent on d Before o'cbck ^ A.M. ^ P.M., on ,19_. Dated _~ (9 s ~`_ 1g - Seller 13...ta+c R., Time AM/pkq ~~ The undersigned Buyer(s) accepts the above counter oiler. Dated 19 _ Buyer Time AMlPM 0uyer ......................................................................................... ,.,~ ~/~~~~ ~ CLOUNTER OFFER M ~_ [J~[/~p_./ S~1~f tlI'r/cam _ ~ {. e _ -~'~ / /_An °' r. ,. ._~-,. ~,-- - • _ J ^ - -- I rre rrerem egreerrrem, upon ns axeculbn by bdh parties, Is made 811 Irltegrel pail d the alOf8lilerltbned Agreement. OTHER TERMS: All dher terms and conditions to remain the same. Unless the above Counter Oiler A is accepted on or before 19 - at AMIPM, it shall be deemed revoked. Receipt of a copy hereof Is hereby acknowledged. Dated Time 19 _ Buyer AMIPM Buyer 1 2 3 5 e r e a 10 11 o~~ 13 /a 1s i6 1] 19 19 20 21 n z3 zo zs z9 zr za z9 30 31 32 3e 3s 3a 3r 3e w ., ez ar ~~5 t8 n ~e t9 so sl sz Seller accepts Buyer's changes a amendments to Seller's Counter Oiler and agrees to aeU on the above terms sa and conditions. w Dated 19 _ Seller Time u, m, . .• _ •~ ss DESCRIPTION FOR MAX A. BOESIGER, INC. CHURCH PROPERTY AT VINEYARDS APRIL 29, 1992 DESCRIPTION FOR A PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 11, T.3 N., R.1 W., B.M., THENCE S 0°36'33" W 283.00 FEET ALONG THE EAST LINE OF SAID SECTION 11 TO A POINT; THENCE N 89°33'47" W 25.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF N. CINDER ROAD, T1iE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING N 89°33'47" W 318.00 FEET TO A POINT; THENCE S 0°36'33" W 475.00 FEET TO A POINT; THENCE S 89°33'47" E 318.00 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY; THENCE N 0°36'33" E 475.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. THIS PARCEL CONTAINS 3.48 ACRES,. MORE OR LESS AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS, 4998 911004 ~.y L ~u C.nTI~-+'~1E5 ~~Lt i3c U~.t~tZbrccUnili tf Y - - C. - 'i.' Y y ~ ~ F- s ' 1 ~ ~ a a J t ~ 1 a~~~ r r' f ~; ~.~ c ~ ~ ~ . g:~ nn '' pp ~ ~ L.~(„ 2 r.. ~. e _~ _~~_ _ __ .\ « Q ~ ..- 536.! + .:.. aF ~ S f.~ t>~ ~ ~ O l o ~ s~ 00 ~e o0 l ~ p o. o ~ _ _ '9~ f~. 1 u ND°16, ~"E VO 'O s N ~Q~' MPC O O. ~ C l~ A W I ~ ~ ~ /~ ~ ° 8.8- OO ~ C f- G - ~' I ~~ N ~ ~ b F C - ' 6 GO^ "~ A .. . r ~ $ ~ $ = 6'(76•( ~ - l $ g g .~, J d 8 a ~ v ~ O ._- 8. ~0 8 ~. JJ ., e ~ roe oo' . ~ $ ~1 ~S T~ .+ - ~ - -. _ ..- -- - -----y i ' ~, s f~'1 _ ~ ~,~ 600 . ~ .:- ~ n. o - ~! - , ~~ ~ s D ~. - - ~ N r ~ Q ~b = ~' , ~. 100 ~ 6S 11W r~, ~ - i ~~ ,~~ ~ g -- .: , . 8 ~ ~~ '~f'n" i -? .. a ~ < ~~~•. ...... ~~ ,°-'k0~°6~00•(--n .Vol ;jl .,f j,f ' J r ¢ .••. B c • ~t)' . '~ + :, .. ;ate q •~ ~~~~ v q ~ - 7 ' 7 •B9•a. 7 .. yo' ~;.... i65 1~_~I h ,. a' +~>=,z°~r-;cAf1E- _ ~• ~ ..mss - - -~5 - N «o +. '/ I fir: ~ ~._. _; ~ ....... )". -~ _ w ^••''- y ~yi ) 10 •a! ~i ___ r.~ i[ ^ ~v ] ~, g` h • i f 3 ' h^ w h Y 7 r- h{fm 1'- y ..- .• ~ w S ., ~ ~ ~ 1 IO a r4m r ;~ r»m 6~ $ N)m Y16v I~ >~1 Mm Uw ~ ppy'^y. ff.1. dNORTH 6 TE AVENUES P, 22r ' nm •nw a mm ww n• w.w .;,;.~ - r $~' r 2 .8 ]~ a~ 6 5 ] S I 0 C j li rfa 1 ^ ~~ J N II vam- +sm•_mm . - a mwm _ om--. -a .I : ~ 1 ~J} w as _ . j ym' »m wm A ~fcm = { ELM P ACE 4 '' ~• ]_ I, h P •17.1/ ____._ h cum nw wm n uw wm _ 'h.+°2 14 w ^~ a 2e 27 m 2e ]0 ]I V ] '•]3 ,^ ~ • e NOp' -w W' 00' w(a w~ 'wm 'N JJ ~ ~/ ~~ o- ~ ` ' ~ 1 e ` 26 i 2 2z 2aD ro ro -+ I7 / y h S ~ ~ ~ MAPLE AVENUE J ~ t ~uw nw uoa mw um wm nm wm• ash Q' ~ ~ ~ ~ ~ ^•i°- • fuw. .»a` .o.u .•,.S .boo a•..>• ww~ •fw'c' W r` - -: I ... - ""-- z! •• ~~S 60 65 60 65 80 d3 (0 BS \ V s f I• -„s ;I? so I. ENCi1NEERl/yG BRIGGS INC Mr. Jack Niemann City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: The Corner at Vineyards #2 Subdivision Final and Preliminary Plat Submission Dear Jack: May 11, 1992 Enclosed herewith are the exhibits for the processing of the final and preliminary plat of The Corner at Vineyards #2 Subdivision, as follows: • Application form • 27 copies of Sheet 1 of the final plat • 3 copies of Sheet 2 of the final plat • 10 copies of the 300 scale of the plat The property is being purchased by the Church of Christ for a new facility. Those negotiations are in progress. To the best of our knowledge, the subdivision conforms to all requirements of the City ordinances and with acceptable engineering and surveying practices and local standards. Please assign the plat for City Council review as early as the schedule will allow. Sincerely, BRIGGS ENGINEERING, Inc. Stan McHutchison, P.E. Project Manager Enclosures cc: Max A. Boesiger, Inc. 1~~~ Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 Fax# (208) 345-2950 REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME. TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting Solloving the month the request was made. Alter a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:60 P. M., Thursday Sollowing the Planning and Zoning Commission action. GENERAL INFURMATZON 1. Name of Annexation and Subdivision, Corner at Viney~rrla No 2 2. General Location, _SOUth & adiacent to Corner at Vineyards on Linder Road 3. Owners of record, ns,~( A. w,PCiCfeL'. Inc Address, 6479 Glenwood . Zip 83703 Telephone 853-2001 4. Applicant, -Richard Boesige_r Address,~_as1+~?ve 5. Engineer, Stan McHutchison Firm Brioas Encineerina Inc Address 1111 S. Orchard Suite 600 Zip $3705 Telephone 345-2881 6. Name and address to receive City billings: Name Max A. 1~giagr„rr Address cartes a~ above Telephone 852_~~p1 PRELIMINARY PLAT CHECKLIST: Subdivision Features' 1. ~ Acres 3.48 ~ ' 2. Number ai lots 1 3. Lots per acre .287 ~. Density per acre .287 5. Zoning Classification(s) R-4 6. IS the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mi1NeA, what is the existing zoning classification 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for NA 9. Are there proposed recreational amenities to the City~_ Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explai 11. What school(s) service the area Meridian do you propose any agreements for future school sites No Expla 12. Other proposed amenities to the City ~ Water Supply No Fire Department No Other Expl 13. Type of Building (Residential, Commercial, Industrial or combination) Qturrh 14. Type of Dwelling(s) Single Family, Duple:ces,.Multiple:ces, other NA ___ 15. Proposed Development features: a. Minimum square footage of lot(s), 151, 500 6. Minimum square footage of structure(s) 1'o be sutmitted with EQ~E c. Are garages provides for, ~ square footage ~ d. Are other coverings provided for ~ e. Landscaping has been provided for ~ Describe ' Lot owner will address this issue when they apply fora rnnditional Use Permit (2) f. Trees will be provided for NA Trees will be maintained ~ g. Sprinkler systems are provided for NA h. Are there multiple units NA Type remarks i.. Are there special set back requirements NA Explain j. Has off street .parking been provided for NA .Explain k. Value range of property ~ 1. Type of financing for development NA m. Protective covenants were submitted NA .Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidevalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5> feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. ~. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) --- ~.- "" . ` r--_ zl~,r - :I L `w~ ~, A r .r~ l ~ `v \ ~ : I 'I I 1 ~! I ~) I I ~ ~ i t CHER s 'LANE ~ ' ' I I I _ ~ I - ` • I .. .. :. ~ --- e -- - --- - ..- i J ~ , . . n ~ ~ I I ... { I - - - i ~` I W .. _ J Y +I 1 I . I k '~ t t• ~ ' ! I ; __ I ~ ~ k -- I I r _ - - --_.l -- 1 .I 1.Ot Li ~ - cr ~- 1 I t I ii 1 _ -I 4 I i "I _ ~.1 ~°1 I "~ ~ I FRIjNK CIN y - x t'g ~. I. 1 i -.'..1 ! I ~~ L ~> ._ ss .. \ , t -' i 1 - ; 1 ~' \ u.. ... I 1 ~ I > ' ~ i I p :~ .::: : ,~ MERIDIAN---- w r , _ ~- ; ;. I -- ~ ss -- -' ~-_ _` --- 1\\ ~ I l:-: OYERLANiD ' ~ -~ VICINITY MAP ~.. ... I i II _ ,. _ 1. - y ~~ ~ c .-_ , ~ ~ ~ r. .o~. - .~- a ~-~-h~ O ~ a _ ~ - -..~ . ~~ Pi ,.,~'~ .~„ :~ tom; _ ~ ~ ~ r,r ., s"'4'+m^ _ _ _ tumor ~ . t. ~~ .. ~ 'K w'~. .: - : ' nt ~ ~. .m ~_, _ .. ~~. ~ s ~' ~ ~~, . ~ O ~ - r O - < m ~ < ~ O ~ Z $ _i 7 w n ,....t , , . - c ~ r ~-~; Q C 4. r irgL i" - _1 • S q . w. '' x ~ y '~y ~ .~ pp~ ~ 6 ~ v <a^ 3~' + ' ..~• ,. 1 . + ~ '• a .P-. . ,. Q ,. R lr 1P Y. ~ r1 ~ ~ N "J ' - "~ ~~ r ~ ` ' ~ m ' : . a ~, .- ~Y^..i L r ;fi : .~. .W ..~ C, ys QT . . y' ~~ j ~ „ .rc ~ t .. . - Y ~ w ' .. ' ~ , ; y ~ A f . . O _ .. - ~ . a ...i. a ~- ' . . . w D • Y 0 V. - Y- ~ w _ ` V ti Z u 'x. - w ~ ~.. In ,.f i ~~.~ ~~~ ORDINANCE NO.r,~~,.,,~ AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS THE NORTH 283 FEET OF EAST 623 FEET OF NE 1/4 NE 1/4 OF SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, 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 following described parcel: The North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: The North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., 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. Section 2. EFFECTIVE DATE: This Ordinance shall be in AMRROSR RITZG ERALO 6CROOKSTON ATtorneys en0 Counselors v.o. eo= azT MsrlGlen, ICeNo &1N2 hbpnoru 9ggJ~et full force and effect from and after its passage and approval as required by law and the publication of Ordinance No.,~~. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, thisJ~~lday of ~, L_J 1990. APPROVED: MAYOR -- GRANT P. KINGSFORD AMBROSE. RITZGERALD 6 CROOKSTON Atlornsye antl Counselors G.O. Bo. LZ1 Msritllen, Itla~o BJBIZ TeNGNOne BBBA/6t ATTEST: CIT1Y CLERK /-- JACK NIEMANN STATE OF IDAHO, County of Ada, ss. 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 GENERALLY DESCRIBED AS THE NORTH 283 FEET OF EAST 623 FEET OF NE 1/4 NE 1/4 OF SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, IDA 0• AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. by he City Coin--'and Mayor of the City of Meridian, on he ~ day 6f -~ ) r, l~ 1990, as the same appears in my o ice. DATED thi s day 1990. Cl Ad Clerk, ity of Meridian County Idaho AMBROS E, FITZGERALD d CROOKSTON Atlorrwye end COUneebre P.O. BoM ~Y] MerlElen, IOefto &TB\P TslePeone BB8.N81 STATE OF IDAHO,) ss. County of Ada, ) On this /~ day o~- u 1990, before me, the undersigne 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. L. (1 e' f .d o • N ~ 4 $ r ~ ~ ,'',~ Ili ~[1'\s\\\\\Y o ary u ~c or a o es'ding at Meridian, Idaho ommission expires 4/1/93 ~. ~I.I -I" I. ~' ^yc I 0~ ~~ i 't i ^ ya ~ ~ , ~ n ~ r Z ~ !, \ m ~ ~ 1 ~ i /~ ~ ~~ O o D ^ : ,~ , JL S ~ n '-7 ~' S = m -~ i~ -< ~ ~. ~ ~ m Q C ",~,~ 0 ~~~^^ Z VJ v a~ G -1 N W LI NOER ,.~ i D z m Ir s ~ m ~ ; _ . ; I s Tr-T~ T~~.-E,--1.. ~ s ~ ., ~ . N o ...tee, .i... i H O A x A 'C C ~! i ~- O ~ l~=J O ~ ~ ~ y d l r ~ ~ N ~ ~ ~ ~ a ~ SOS 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 2r TEDI SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, AND ALSO KNOWN BY THE ADDRESS 1717 CRESTMONT DRIVE, MERIDIANr 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 AMENDPIEAPP ADOPTING THE 1990 AMENDMENTS Tn THE COMPREHENSIVE PLAN OF THE CITY OF MERIDIAN WHICH AMENIDMENTS CHANGE THE COMMUNITY URBAN SERVICE PLANNING BOUNDARY, CHANGE THE MERIDIAN POLICY DIAGRAM TO CONFORM 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-84, CHANGE THE POLICY DEALING WITH DEVELOPMENT INSIDE AND OUTSIDE THE URBAN SERVICE PLANNING AREA EOUNDARY 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 INTERSECTION, 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: MERIDIAN CITY COUNCIL JULY 17, 1990 PAGE #3 r~ The Motion was made by Tolsma and seconded by Yerrington to approve of the rezone application as submitted by the applicant. Motion Carried: All Yea: ITEM #6: ORDINANCE #539: ORDINANCE REZANING THE PROPERTY REQUESTED BY MAX BOESIGER, ZNC.: (THIS CONTINGENT UPON COUNCIL APPROVAL OF ITEM #4 ABOVE) Kingsford: AN ORDINANCE AMENDING AND CHANGING THE ZANING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS THE NORTH 283 FEET OF EAST 623 FEET OF NEa NE4 OF SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes to have Ordinance #539 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinance be read on three different days be dispensed with and that Ordinance #539 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY PLAT ON MISTY MEADOWS SUB.: Kingsford: At this time I will open the Public Hearing, is there anyone present who wishes to offer testimony. Please come forward and be sworn. Paul Moroz, 2081 NW 8th Street, was sworn by the attorney. Moroz: I do miss the privacy. If in fact this subdivision is developed and the neighborhood increased by nearly 60 residences I do ask the following of the City of Meridian. First that the City of Meridian anticipate the growth by developing a NW 8th Street park to accomodate more kids coming into the neighborhood, that they increase the planting of shade trees in the park and develop crosswalks at the major intersections. Giesler: Does the park get alot of use. Moroz: Yes. Tolsma: Do you have any comments on what type of equipment you would like to have down there? Moroz: Basically things like a basketball court or tennis court, and depending on how great the use possibly some restrooms facilities. Just some option where kids can gather rather than on the streets or sidewalks. Kingsford:Is there anyone else from the public who would like to offer testimony on this issue. mere ass ro ~+n~, the pdalic he3rirg cas clos~l. T~ Nbtirn a¢s m~ by ?taL~s and seaxd~l bi' Yerringta~ to aF}xrn~e of the Firr2irx}s of Fact and Ctrrltsiar of Iaw far Misty M3r~ Sl~divisirn. R~l.l Qll Vote: Yerrin3ton - Yea; 7.bL4ta -Yea; Giesler - Yea: M~tirn Carried: All Ya3: ORDINANCE NO. AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS THE NORTH 283 FEET OF EAST 623 FEET OF NE 1/4 NE 1/4 OF SECTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, 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 following described parcel: The North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: The North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho. AMBROS E. FITZGERALO B CROOKSTON Allorneya antl Counaelora P.O. Boa a2T Maddian, Idaho 838'2 TalapKOne 9BB~481 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. Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval as required by law and the publication of Ordinance No.~~. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of , ~~ 1990. ATTEST: CITY CLERK -- JACK NIEMANN STATE OF IDAHO,) ss. County of Ada, ) APPROVED: MAYOR -- GRANT P. KINGSFORD 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 THOEPNORTHI 283H FEETT OFO EAST 1623 NFEET COF INEGI/4RNEL1/4EOFRSECDTION 11, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PbOVtheNCity EFFECTIVE DATE", passed as Ordinance No. Council and Mayor of the City of Meridian, on tie day of 1990, as the same appears in my~i•ice• DATED this day of AM BROBE. FITZG ERALD BCROOKSTON Altorneya an0 Gounaelors 1990. City Clerk, City of Meridian Ada County, Idaho P.O. Boz e2] MatlElan,lOeho B3N2 Telephone888-e~fit AM BROSE, FITZGERALD 6 CROOKSTON Altornays and COUnselors Y.O. Box t9 MenElAn, IBAno B~61i Taiapnone BBB-MBt STATE OF IDAHO,) ss. County of Ada, ) On this day of 1990, before me, the undersigned-a Notary u tc to 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. (SEAL) otary u tc or a o Residing at Meridian, Idaho BEFORE THE MERIDIAN CITY COUNCIL BOESIGER, INC. REQUEST FOR REZONE 1302 EAST FIRST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AM BROSE F1T2G ERALD b GROG KSTON AtlorneYS en0 COUneeIOIB P.O. Box Q1 Maritlien, Itle~o 83812 TeleoKOna BBBJ.81 The above entitled matter having come on for public hearing May 15, 1990, at the hour of 7:30 o'clock p.m., and tabled at various times since then, and coming on again for hearing on July 17, 1990, the Petitioner appearing through Max Boesiger and Chris Korte, and the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the rezone request was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 15, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 15, 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 1 i • • 2. That this property is located within the City of Meridian and is described in the application, which description is incorporated herein as if set forth in full and is at the I Southwest corner of the intersection of Linder Road and Cherry Lane; the property is presently zoned R-4 Residential and is and has in the past been used as farm ground; the proposed use of the property is to locate neighborhood convenience shopping I, and possibly a day care Center. 3. That most of the surroundinc property is zoned R-4 Residential, however the property to the East across Linder I Road is zoned C-N, Neighborhood Business. 4. The Applicant requests that the property be rezoned I li from R-4 Residential to C-N Neighborhooc Business (C-N). j 5. That the property is Contained in the WARRIOR j neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in j the Plan at Page 6 and states as follows: I NEIGHBORHOOD: "The neighborhood is a residential area 'I wit uni orm characteristics of a size comparable to I 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 w~thin easy walking I distances and provides the basis for community I identification." i 6. That the C-N District is described in the Zoning ~~ Ordinance, 11-2-408 B. 6 as follows: ArneROSE, (C-N) NEIGHBORHOOD BUSINESS DISTRI:T: The purpose of FIT2GERALD B GROOKSTON the C-N istrict is to permit tre establishment of Arlorneya end FINDINGS OF FACT AND CONCLUSIONS OF LAW Counaabra R.o. 6na.n P A G E - 2 Merl0len, IeeKo &'18.] ~ I 7Neof•ons BBB~u6t 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 the adjoining residential districts. All such districts shall have direct access to transportation arterials 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. 7. That the uses proposed by the Applicant are allowed in the C-N District except for the day care use which requires a conditional use in any zone. 8. That the property to the west is presently farm ground but is proposed to be developed for residential purposes; the property to the east is presently vacant but is zoned (C-N); the property to the south is farm ground but is proposed to be developed as a residential subdivision; the property to the north is a residence, and farm ground. 9. That the property is a parcel of ground that is approximately 4 acres in size. 10. That the property can be connected to City sewer and water. 11. That Cherry Lane is designated as a principal arterial and Linder Road is designated as a minor arterial. 12. That while the southeast corner of Linder Road and gMRROSE, FIT2G ERALD 6 CROO KSTON gtlorneyb Bne Counaelore P.O. Bor tP] Merlelen, IEeno 838ii Talspnone lBB~~~81 Cherry Lane is designated as C-N, there presently is no development on that property; that there is no existing commercially used property within one-half mile of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 3 • ~ has amended its Comprehensive Plan to ~I property; that the City ~' remove therefrom the policy that limited commercial development to only one corner of an intersection. I' 13. That there was no public testimony at the public hearing objecting to the proposed use. i 14. That comments were submitted by the City Engineer, i Nampa & Meridian Irrigation District and the Ada County Highway I District; those comments are incorporated herein as if set forth I in full herein. 15. That the Applicant submitted a Commercial Analysis for the property prepared by Chris Korte. CONCLUSIONS AM BROSE. FITZGERALD e GflOOKSTON Attomeya and Counaelora P.O. Boa ~7T Marblen, IEe~o 83M1 TeleP~one B88~aa81 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. Z, That the City of Meridian has authority to grant zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Complied Ordinances of the City of Meridian, Idaho. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 4 4. T• the City of Meridian. s authority to place conditions upon granting a zoning amendment. 5. That the City has judged this Application 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. 6. 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. The policy regarding only one commercial development at intersections having been deleted from the Plan. (b) The area is in the WARRIOR neighborhood which allows some commercial uses and a rezone of the subject property is in line with that designation. (c) The area included in the zoning amendment was not intended to be developed in the future in the fashion that would be allowed under the new zoning but the zoning of the southeast corner of Linder and Cherry Lane indicate the new zoning would not be contrary to the allowed uses in the area. (d) The roads have been widened at the intersection which tend to dictate that the area may lend itself to be rezoned for a commercial use. AMBROSE. FITZGERAID B CROOKSTON Attorneys entl Counwioro P.O. Box t3] Meritlien, ICaNo B381P TelapNOne BB6 ~AB1 (e) That the property should be designed and FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 5 I nious with the surrounding AM BROBE, FITZG ERALO A CROOKSTON Atlorneye end Cooneelo~e R.o. Bov axe MeriOien, IOefto B]M2 TaISGNOne B88-ae6~ constructed to be harmo area, and such is a requirement and condition of the rezone. ~ (f) The proposed uses would not be hazardous or ~ disturbing to the existing or future uses of the neighborhood. I (g) The property should be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive I! additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community but should in fact be beneficial. (i) The proposed uses will 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 'i with surrounding traffic patterns. it (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 I~ interest of City of Meridian. 7, The development of the property should not create a ~ tendency towards strip development. 8, That the comments submitted by the Nampa & Meridian i Irrigation District, Ada County Highway District, and the City Engineer as incorporated herein shall be a requirement for the rezone. 9. That all applicable fire, life safety, building codes, and other codes and regulations and all of the ordinances of the City of Meridian shall be met prior to occupancy and thereafter; that development shall be subject to design review FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 6 pursuant to•-2-410 C; that the appr•l of this rezone does not necessarily indicate approval of the use of the property for a day care facility, the Applicant will have to apply for a conditional use for a day care facility if such is proposed to be located on the property. AMBROSE F1T2GERALD 6 CROOKSTON ~rrurnlyl .nC FINDINGS OF FACT AND CONCLUSIONS OF LAW Counlabra P A G E - 7 p.o. Ba= ssv Mermi.n. lalno B.lH2 Tslepftone BBBJl61 AM BROSE, F1T2GERALD S CROOKSTON Atlornep enE Counfllor! P.O. Box 12] MetlC11n, ICMo 83812 Trriap~one BBB-1181 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: Councilman Max Yerrington Voted Councilman Bob Giesler Voted Councilman Bert Myers Voted Councilman Ron Tolsma Voted Grant P. K ingsf ord (Tie Breaker) Yoted DECISION AND RECOMMENDATION The Meridian City Council hereby approves the Rezone requested by the Applicant for the property described in the application, subject to the conditions stated herein and the City Attorney is directed to prepare an Ordinance rezoning the property. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 8 r~ MERIDIAN CITY COUNCIL JUNE 5, 1990 The regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Present: Clark Clough, Roy B. Johnson, D'Arlene Stutzman, Paul Stutzman, William Crowe, Kevin Robertson, Jim Johnson, Gary Fors, Terry Smith, Jim Titmus, Gary Smith, Dave Turnball, Jack Smith, Moe Alidjani, Candy Tipton Wayne Crookston: MINUTES OF THE PREVIOUS MEETING HELD MAY 15, 1990: The Motion was made by Giesler and seconded by Tolsma to approve the Minutes as written: Motion Carried: All Yea: Kingsford: Read a Proclamation declaring June 23, 1990 as Paint the Town Day. ITEM #1: REZONE REQUEST BY BOESIGER, INC.: TABLED AT LAST MEETING: Kingsford: We received a letter requesting that this be continued pending Planning and Zoning's amending the Comprehensive Plan, I have talked with Crookston and I understand that those Findings of Fact and Conclusions of Law are being prepared on that subject and that we don't have a definite time frame that that will hit the City Council although I anticipate that they will look at those Findings at next week's meeting, then being forwarded to us for the first meeting in July or later. The Motion was made by Tolsma and seconded by Yerrington to table this rezone request by Boesiger until the next meeting. Motion Carried: All Yea: ITEM #2: PRELIMINARY PLAT ON MALLARDS LANDING: TABLED AT LAST MEETING: Tolsma: The problem that we had with that was on the Waltman Lane Extension? Eng. Smith: I have since reveiwed our existing water system in that area and I think we don't have a problem serviceing the 89 lots that are being proposed on this preliminary plat with our existing system. I intend in the near future working out some kind of an agreement with a consulting engineering firm to investigate the capacity of our overall water system in the City of Meridian. The Motion was made by Tolsma and seconded by Myers to approve the Preliminary Plat on Mallards Landing: Motion Carried: All Yea: ITEM #3: ORDINANCE #533: REZONE OF SHARON OLSEN PROPERTY: Kingsford: Read - AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A TRACT OF LAND WHICH IS PART OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORWEST 1/4 OF SECTION 12, ALL IN SECTION 12, 7Y)WDISHIP 3 NORTH, RANGE 1 WEST OF THE BDISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. • • • 6479 GLENWOOD, SUITE A 1~'j8X A. $(ES1gPx', Inc. BOISE, ID 83703 (208) 853.2001 General Conhactor ~ Developer ;..~ May 22, 1990 Mr. Grant Kingsford, Mayor Members of the Meridian City Council Mr. Bob Geisler Mr. Ron Tolsma Mr. Burt Meyers Mr. Max Yerinytcn Gentlemen: Last week our request for rezone of the corner portion of our Vineyards Subdivision was tabled. We understand that you are concerned that this rezone might not be in conformation with your comprehensive plan where it refers to the number of commercial sites allowed at intersections of major arterials. It is our opinion that when the plan stated that there "should" only be one commercial corner allowed per intersection, it gave you the flexibility to use your own discretion about the nature of the intersections to decide whether one or more could be allowed. Since no one would want to live on such a busy intersection, we don't see how this property could have any use other than non-residential. However, the Planning and Zoning Commission is attempting to modify this section of the comprehensive plan and delete the reference to "one commercial corner." This would hopefully solve this issue for all of us. we would therefore request that our rezone application be tabled until the meeting at which you will hear the Planning and Zoninq Commission's proposed modifications to the comprehensive plan. We would like to be heard after you have acted on that proposal. Thank you for your cooperation. Sincerely, - _, ~ a ~. Max A. Boesiger, Jr., Project Manager MAB:rgw cc: /Mr. Jack Niemann, Meridian City Clerk Mr. Chris Korte, Land Dynamics PIERCE PARK ~ InI INTE ~ Y • MERIDIAN CITY COUNCIL MAY 15, 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: Ron Tolsma, Bob Giesler, Bert Myers, Max Yerrington: Others Present: Lee Sharp, Esther Sharp, Jim Johnson, Nadine Miller, Beth Biddick, Vern Lowe, Rose Mary Lowe, George O'Connor, Robin Frazier, Joyce LaF, John Calhoun, Nick Hallett, Bill Mitchell, Sharon Mitchell, Dan Battazzo, Gary Smith, Bill Gordon, Wayne Crookston, Gary Fors, Ted Johnson, Roy Johnson, Chris Korte, Jerry Phillips, Joni Rath, Dixie Wood, Guy Walker, Dan Wood, Luther Hartshorn, Robin Frazier, Darlene Fullwood: The Motion was made by Giesler and seconded by Tolsma to approve the Minutes of the previous meeting held May 1, 1990 as written: Motion Carried: All Yea: The Motion was made by Yerrington and seconded by Myers to approve the Minutes of the Special Meeting held May 8, 1990 as written: Motion Carried: All Yea: Ringsford: -Welcomed Boy Scout Troup #180 to the Meeting. The first .thing that we need to talk about was left off of the agenda, we have received a letter from Joyce Law requesting that she be able to move a mobile home onto her property. Myers: Is one year sufficient at this point? The Motion was made by Giesler and seconded by Tolsma to approve the placement of a mobile home on her property for a one year period. Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: RE7ANE REQUEST BY MAX BOESIGER, INC: Kingsford: At this time I will open the Public Hearing, is there anyone present who would like to offer testimony. Chris Korte, 499 Main Street, was sworn by the attorney. Korte: We have prepared for you a rather extensive document regarding the rezone request. Giesler: Do you have any idea how long before you plan on doing something with this property? Korte: I would have to refer that to Mr. Boesiger, but they are in the process of preparing that subdivision plat and proceeding forward with the development. Giesler: I have a little problem with just rezoning property and then nothing is done with the property. Korte: They are in the business of developing and they have done alot of development in the City, we feel that this project is very key to being able to develop that Site. MERIDIAN CITY COUNCIL MAY 15, 1990 PAGE 2 Tolsma: The Comprehensive Plan for Meridian specifies one corner, we already have one corner that is zoned that way, so we would have to amend the comprehensive plan to allow two corners. Korte: We felt that the project met 957 of all the policies stated within the Comprehensive Plan. I feel that there is some conflicting statements made in there and it is going to be up to the City Council. The other corner has been zoned since 1974. Kingsford: I have some real concerns about land banking. I feel that one corner is all that needs to be there, if you do two then there will be pressure to also do the other two corners. Korte: The thing about this application is being in combination with their subdivision plat that they will be establishing that land use decision stop?ing strip commercial development west of Linder Road by the development of the subdivision. Kingsford: We have some pre-planning and we have a corner zoned already at Ten Mile Road the council would be looking at a real presidence if they grant one here. Korte: I think that you have to look at each one of these applications on their own Merit. I just don't believe that zoning one small corner is going to be adequate to meet the demand. Kingsford: Of course he had the same situation he developed a subdivision and left that lot out, it is no different than what we have here, and there is still no assurance that this developer will develop it either. Another concern I have it that there are rumors to the effect that you guys are dropping that subdivision plat, is this conditioned upon going forward with that or - - Korte: We would be able to inigrate this in as a development z~thin the project if that can some how establish conditions that in deed this site will development in an orderly fashion. Kingsford: Wayne what is your analyis of that part of the comprehensive plan. Crookston: It is certainly a part of the plan, it's my understanding that there is a proposal to delete that from the plan, it has been discussed. Kingsford: For us to act on this without changing it we would be in violation of our own plan would we not? Max Boesiger, 1399 E. Monteray Drive, was sworn by the attorney. Boesiger: We really do fully intend to go through with the project. We are continuing on with the Final Plat for Phase I. We have had interest in commercial but they weren't going ahead with anything until they kr~a that we had the zoning. Giesler: A rezone once a permit has been taken out, would that even be legal?• MERIDIAN CITY COUNCIL MAY 15, 1990 PAGE 113 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 lit & 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: ITEM112: 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. 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 Max Boesiger, Inc., for a rezone for a neighborhood convenience store and day care center which is to be located in the North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. iW., B.M., Ada County, Idaho, for 4.05 acres from R-4 Residential to C-N Commercial. The property is generally located at the SW corner of N. Linder Road and W. Cherry Lane. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be tak n and is welcome. DATED this1~_ day of 1990. AMBROBE, FITZG ERALO 6 CROOKSTON Attorneys 6n0 Counselors P.O. Box X27 Marlblsn, IE6No BJB~P Talsplwna 88&461 1990 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Jim Johnson at 7:30 p.m•: Manbers Present: Moe Alidjani, Jim Shearer, Charlie Rountree, Tim Hepper: Others Present: George O"Connor, Jim Rittmueller, Guy Walker, Gordon Schlafke, Nadine Miller, Brett Murrell, Roy Johnson, Lon Bostran, Sharon Mitchell. Duane Olsen Robert Strasser, Jerry Phillips. Terry Leighton, Steve Sea[[ans, Max Boesiger, Sharon Olsen, Joan Rath, Jerzy Mortenson, Ted Johnson, Lazy Fors, John Calho~, Virginia Pherige, Wayne Crookston, The Motion was made by Rountree and seconded by Shearer to approve the Minutes of the Special Meeting held March 7, 1990 as written: Motion Carried: All Yea: Chairman Johnson: The Minutes of the previous meeting held March 13, 1990 any corrections deletions or additions at this time: Rountree: I have a correction on page #4, the comments Need added for the approval of the subdivision plat, resolving the speed problem, that the developer would be working out a landscape concept for along Ten Mile and that the irrigation variance not be allvaed since the first phase constitutes 75~ of the development. The Motion was made by Hepper and seconded by Rountree to approve the Minutes of the Meeting held March 13, 1990 with the corrections stated above. Notion Carried: All Yea: Item #1: Findings of Fact & Conclusions of Law on Rezone Request by Boesiger, inc. Chairman Johnson: Is there any questions or discussion on these Findings' The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was Wade by Rountree and seconded by Shearer that the. Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditonal Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: Johnson: It appears that the wording has been transposed, it states Conditional Use and this is a rezone, so could you amend the motion. The Motion was made by Rountree and seconded by Shearer to state rezone request. Motion Carried: All Yea: BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BOESIGER, INC. REQUEST FOR REZONE 1302 EAST FIRST STREET MERIDIAN, IDAHO FINDINGS OF FACT ANO CONCLUSIONS OF LAW The above entitled matter having come on for public hearing March 13, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Max Boesiger and Chris Korte, and 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 of Law: FINDINGS OF FACT 1. That a notice of public hearing on the rezone request AMBROBE, RITZGERALD 1 CROOKSTON ABOmsYS anC GDYRNI«e v.o. 6o=!2T M«IEI.n, IGno aiB.z TN.Dnons BBB~.61 was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 13, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 13, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 1 AM BROSE, FITZGERALD a cROOtcsror+ Attomays uW CoonNIM P.O. Boa @T Mn10W. WNo 61M2 TNplgn~BBB.NBt Meridian and is described in the application, which description is incorporated herein as if set forth in full and is at the Southwest corner of the intersection of Linder Road and Cherry Lane; the property is presently zoned R-4 Residential and is and has in the past been used as farm ground; the proposed use of the property is to locate neighborhood convenience shopping and possibly a day care center. 3. That most of the surrounding property is zoned R-4 Residential, however the property to the East across Linder Road is zoned C-N, Neighborhood Business. 4. The Applicant requests that the property be rezoned from R-4 Residential to C-N Neighborhood Business (C-N). 5. That the property is contained in the WARRIOR 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: NEIGHBORHOOD: "The neighborhood is a residential area wit-' h uni o m 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 C-N District is described in the Zoning Ordinance, 11-2-408 B. 6 as follows: (C-N) NEIGHBORHOOD BUSINESS the C-N) District is to p small scale convenience intended to meet the daily FINDINGS OF FACT AND CONCLUSIONS PAGE - 2 DISTRICT: The purpose of ermi-mot the establishment of business uses which are needs of the residents of OF LAW 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 the adjoining residential districts. All such districts shall have direct access to transportation arterials 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. 7. That the uses proposed by the Applicant are allowed in the C-N District except for the day care use which requires a conditional use in any zone. 8. That the property to the west is presently farm ground but is proposed to be developed for residential purposes; the property to the east is presently vacant but is zoned (C-N); the property to the south is farm ground but is proposed to be developed as a residential subdivision; the property to the north is a residence, and farm ground. 9. That the property is a parcel of ground that is approximately 4 acres in size. 10. That the property can be connected to City sewer and water. 11. That Cherry Lane is designated as a principal arterial AM BROSE, FITZG ERALD B CROOKSTON Attorneys ene CounNloro R.O. Boz •2) MetiONn, IEeNo &98~Y TeMptw~r ®BMB1 and Linder Road is designated as a minor arterial. 12. That while the southeast corner of Linder Road and Cherry Lane is designated as C-N, there. presently is no development on that property; that there is no existing commercially used property within one-half mile of the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 3 13. That there was no public testimony at the public hearing objecting to the proposed use. 14. That comments were submitted by the City Engineer, Nampa & Meridian Irrigation District and the Ada County Highway District; those comments are incorporated herein as if set forth in full herein. 15. That the Applicant submitted a Commercial Analysis for the property prepared by Chris Korte. 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 zoning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Complied Ordinances of the City of Meridian, Idaho. 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 AM BROSE, FITZGERALD B CROOKSTON Atlornsye uW CounMlOn P.O. Box X27 MMOIan, IGM 0.1613 T~Nplgn~ 180-N61 conditions upon granting a zoning amendment. 5. That the City has judged this Application upon the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 4 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 6. 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 WARRIOR neighborhood which allows some commercial uses and a rezone of the subject property is in line with that designation. (c) The area included in the zoning amendment was not intended to be developed in the future in the fashion that would be allowed under the new zoning but the zoning of the southeast corner of Linder and Cherry Lane indicate the new zoning would not be contrary to the allowed uses in the area. (d) The roads have been widened at the intersection which tend to dictate that the area may lend itself to be rezoned for a commercial use. (e) That the property should be designed and constructed to be harmonious with the surrounding area, and such is a requirement and condition of the rezone. AMBROSE, FITZGERALD 6 CROONSTON AROmsys Antl Co~nwlon R.o. eo= uT MMtlIU~, IGM ax~x r.l.pnon. ees+si (f) The proposed uses would not be hazardous or disturbing to the existing or future uses of the neighborhood. FINDINGS OF FACT AND CONCLUSIONS OF LAW ' PAGE - 5 (g) The property should be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community but should in fact be beneficial. (i) The proposed uses will 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. 7. The development of the property should not create a tendency towards strip development. 8. That the comments submitted by the Nampa & Meridian Irrigation District, Ada County Highway District, and the City Engineer as incorporated herein shall be a requirement for the rezone. 9. That all applicable fire, life safety, building codes, AMBROSE, FITZGERALO I CROOKSTON •uorMys ~nE GDY11NIp! P.O. Boa X27 MNMW, ION~o B]K~2 TNpIgM BBB~~B1 and other codes and regulations and all of the ordinances of the City of Meridian shall be met prior to occupancy and thereafter; that development shall be subject to design review pursuant to 11-2-410 C. FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 6 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) Voted ~}'~'L`" Voted Voted~~~~-~ Voted Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the Cit~Coun~~ of the City of Meridian that they approve the Condi^~i~on'~Ty~,SE Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: APPROVED: W7 DISAPPROVED: ~w~ AMBROSE, FITZGERALD B CROOKSTON AR0/MYS ~nE CounNlOn R.O. Boa II7 MnW4n, IONo B1NY T~IpNOns BBBMl1 FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 7 MERIDIAN P S Z • • MARCH 13, 1990 PAGE #8 Johnson: i will now close the Public Hearing. Alidjani: Do we have an adequate easement for the NW corner? The Motion was made by Rountree and seconded by Shearer to recommend approval to the City Council with conditions set forth for a resolution of the domestic water & drainage & irrigation problems are taken care of. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REZONE REQUEST BY BOESIGNER, INC.: Johnson: I will now open the Public Hearing, if you wish to testify come forward and be sworn. Max Boesiger, 3710 Camborne, was sworn by the attorney. Boesiger: A short time ago we submitted to you a plat of the Vineyards. This project is beautiful and will have very large lots. We believe it will take from 7 to 10 years to market the project. This project must be designed to be compatible with the community, and designed in such a way to be an asset to the Vineyards Community. I'd like to introduce to you our Planning & Real Estate Consultant, Chris Korte. Chris Korte, 499 Main Street, Boise, was sworn by the attorney. Korte: Presented a conceptual site plan. What the project entails is a small commercial center approximately 4 acres in size. The types of uses we are contemplating is a convenience commercial center which is small retail, office, dental, medical and daycare. Landscaping on project is guaranteed. Explained report that was given out to Commission. (Tape on File) Hepper: It states in the Comp. Plan that no more than one corner bf an intersection :should be developed as a neighborhood shopping center. Korte: We believe that one corner is not enough to meet the needs of this area. Explained further on '.his. (Tape on File.) Johnson: I will close the Public Hearing. __- - - - _ - The Motion was made by Alidjani and seconded by Shearer #o have the attorney prepare ` the FIndings of Fact and Conclusions of. Law.--:. -- - -.- .-__, Motion Carried: All Yea: The Motion was made by Shearer and seconded by Hepper to recommend approval for this. -- - rezone to the City Council. Motion Carried: All Yea:- - ITEM #4: FINDINGS OF FACT & BRUCK: ON REQUEST FOR CONDITIONAL USE PERMIT BY JACK The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves these Findins of Fact and Conclusions. Roll Call Vote: Hepper - Yea;.AOUntree,-,Yea; Shearer - Yea; Alidjani -Yea; ._: Motion Carried: All Yea: • • BoESn~, INC. REZONE REQUEST NW CORNER OF LIAIDER & Cf~RRY LANE C O M M E N T S 1: Ada County Highway District; See Attached; 2: Central District Health: No Objections prior to any construction approval must be obtained fran this office: 3: Nampa Meridian Irrigation: All laterals & wasteways must be protected, drainage must be retained on site: 4: City Engineer: Water & Sewer available for this property, good signalization exits on this corner: 5: Police Department: No problems with this rezone: 6: Building Department: No objections: 7: Sewer Department: Sewer available for this property: 8: Ccamercial Analysis prepared by Land Dynamics attached for your review: g; public Hearing held before the Planning & Zoning Crnmission on March 13, 1990 Findings to be prepared: 10: Planning & Zoning Commission feting held April 10, 1990 Findings were approval and recarmendation made the City Council approve this request: (COPY OF FII~DINGS OF FACP & CONCLUSIONS ATTACHID) ADA COU~TY HIGHWp-~ 318 EAST 37TH STREET BOISE. IDAHO 83714 DISTRICT Inter-Department Correspondence Ada County Highway District Commission To: Date: February 23, 1990 From: Development Services Subject: MERIDIAN - REZONE CHERRY & CINDER R-4 to CN (Max A. Boesiger Inc., 6479 Glenwood, Boise ID 83703 - 853-2001) FACTS & FINDINGS: 1. Max A. Boesiger, Inc. requests a rezone from R-4 to CN (Commercial) for property located at the southwest corner of Cherry Lane and Linder Road. 2. Cherry Lane is designated a minor arterial street on the 1995 Urban Functional Street Classification Map requiring 66-feet of right-of-way and construction to a 52-foot back-to-back street section with 4 traf- fic lanes. Cherry Lane has 50-feet of right-of-way (66-feet is required) and is improved with 24-feet of paving. 3. Linder is designated a minor arterial street on the 1995 Urban Function- al street classification Map requiring 66-feet of right-of-way and construction to a 52-foot back-to-back street section with 4 traffic lanes. Linder Road has 50-80 feet of right-of-way (66-feet is required) and is improved with 1/2 plus 12-feet street improvements. 4. The intersection of Cherry and Linder is fully improved to a 65-foot back-to-back street section (less than 5-years ago). ACRD Resolution 263, Section 11, states: "Where street surfacing has been in service five years or less, the permittee must bore utility services. Street cuts parallel to centerline must be approved by the District Engineer." If the rezone is approved and development proceeds, the District will pro- vide the following requirements to Meridian Planning & .Zoning as conditions for compliance. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 33-feet of right-of-way from the centerline of Cherry Lane abutting parcel. Meridian Rezone • February 23, 1990 Page 2 Cherry Lane~~ Linder R-4 t~N 2. Curb, gutter, 5-foot sidewalk and match paving shall be-constructed on Cherry Lane abutting parcel. Improvements shall be constructed to a 52-foot back-to-back street section. 3. Dedicate 33-feet of right-of-way from the centerline of Linder abutting parcel. 4. Curb, gutter, 5-foot sidewalk and match paving shall be constructed on Linder abutting parcel. Improvements shall be constructed to a 52-foot back-to-back street section. STANDARD REQUIRE23ENT5: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurte- nances, etc.) shall be relocated outside of the proposed street improve- ments. Authorization for relocations shall be obtained from the appro- priate entity. 5. Existing irrigation and drainage systems shall be continued across parcel. 6. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage plans showing that storm runoff will not flow into public right-of-way shall be submitted for review and appropriate action by ACHD, in compliance with Boise City Code 11-3-54 and ACRD policy. 8. Designdata for proposed access to public streets shall be provided for review and appropriate action by ACHD. 9. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 10. 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 345-7607 (with zoning file number) for details. 11. A request for mod ificaticn, variance or waiver of any requirement or pclic;~ outlined here'_n shall be made, in writing, to the Manacer of Eagir.eer i.^.g Ser-rices within 15 ca'_endar days of the original Cocmis- Meridian Rezone• February 23, 1990 Page 3 Cherry Lane &~L finder R-4 ~CN Sion action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: John R. Stolley, P.E. DATE OF COMMISSION APPROVAL: 3-C_-SO CENTRAL DISTRICT HEALTH DEPAR'fMGN'P ENVfROVMEMCAL HEALTH DIVISION 1415 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: r/ E3oi.se _ Rezone # ~C ~ --~ ~'~e,~ Eagle _ Conditiona]. Use # i/Meridian Preliminary/Final/Short Plat. _ Kiuia AC'Z 1. / lde have no objections to this ~~12Ey©n~L , 2. We reccxmiend denial of this proposal. 3. _ Sp[xific la~owledge as to the exact type of use rrn~st be provided before we can ccxment on this proposal. 4. _ We will reyuire more data concerning soil conditions on this proposal before wn' can comment. 5. We will require more data concerning the depth of (high seasonal grocutd water)(solid lava) from origii><il grade before we can ccxment concerning individual. sewage disposal. h. _ We can approve this proposa] for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. _ We can approve this proposal for: Central se~,age _InLerim sewage _Individua] sE~rage _ Coumunity sewage system and Central. water Individual water _ Ccxnmuii.ty water well.. 8. _ Plans for _Central sewage _C<nrrtirnity sewage system Sewage dry lines, and _Central water _Camrunity water rrnist be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. Street nmoff is not to create a mosquito breeding prob1en. 10. _ 'This cielartment wrc~uld recamienci deferral until high seasonal ground water can he defennined if other considerations indicate approval. 11. If restrcxxn facilities erne to be instilled then a sewage systen MUST be insG111ed to meet Idaho State Sewage Regulations. 12. we will require plans be subuitted for a plan review for any (food establishrrient)(beverage est/~ablisFmenC)(swimning pools or s~~s)(grocery store). L3. / /" /~/~/~ 7`D %~~ y L!'~NS7YaUr =/ov-~ •~,d31~/~~/rsL f~vSG- d-e O.~ ~ /r'~ f%~i10^ ~/.S O f.1 ~ Ctt Revie~.rc~d by ~ Ihte 0 D\ ~i of N o rn rn .. ~; .-~ 0 -z 2 oU E a O H can z z O w z~aj ~M H ~dQ W t'_ .. 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F'} u N ~ ~q( d ~ .~~~ ~. may[ V IIVV((ii~~ V {L ~~ -~~~~ ~~ ~ ~~ ~ 8 ; ~ ~ ~ ~ ~ ~ ~ ~ ~~~ -~ ~ ~ IIIIIIIIIiIIII~. . i .___.. ~IIIIIII~IIIIIIIIII~IIIIIIIII .. g ~ ~~~ ~~~~R~~ ~~ ~~~~~~~.~~ ~~ o~~~~~ ~ ~~ d K~ ~ ~ ~~ ~ o~~ ..~ ~o ~ ~ ~ ~ H ~~ ~ . ~ WD ~ n ~ ~ ~ ~ M ~] ~ .. ro- ~ ~ ~ ~° ~ _ - - K _ _ 8 ~ _~ ~ - _ ~ - ~ _- ~ ~- .~ S - _ - _ - _ _ ,ti • .. n W n - r µ 0 «~ ~ ~ m H r 0 - ~. ~~ ~~~~. ~~~~ a Ba I~ ~. a o N 76 .P O z .. ~ . ~ ~~ ~ , _ ~~~~~~ ~~A~~~o ~~ M d ~~ ~ .~ ~ ~ ~ ~ ro ~ ~. ~° S" - ~ R ~ -- _ ~ _ - µ - ~ _ _ r ,~ -' - • ~ - _ - ~S ~~ ~ ~ ~ ~ ~ ~ ~ ~ _ -- ~ ~- .. ~ - r- w _ r 0 K ~ ~ H r 0 ~~~ ~-g ~~~~~ ~ _- ~ ~ ~ ~- ~~ ~ -~~ ~~ ~~ ~~~ ..o ~ ~ ~ . ~~~ ~~ v: ~~ i~ z ~I 1 1 1 1I~I I I li 1 1 1 1 ICI 1 1 1 1 1 1-I i .. ~ ~ K~ ~ ~ ~~ ~ ~ n ~01~~~ ~~ ~O ~7 ~ ~~ ~. $ ~ ~ ~ ~ ~ ~ - - ~- ~ ~ ~~ ~~~ ~~ - - ~~ ~ ~ - - R -~ - •.~g E -_ _ _ - _ _~~ h A M n y n E ~ n x ~t n y £ O A Ol `! ~ M ~* N F-i A ~ ~N ~r C w ro ~ N w ~ N .~ ~ 0 r W p a n h a • o a ~a Cy U ~~ 7 C$ (q $~~ ~~ -. z ~. a. ~~ ~. iP Y o ~ 5 z 1-' W r 0 a I~ l~ ~r'7 G7 K N O NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on March 13, 1990, for the purpose of reviewing and considering the Application of Max Boesiger, Inc., for a rezone for a neighborhood convenience store and day care center which is to be located in the North 283 feet of East 623 feet of NE 1/4 NE 1/4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho, for 4.05 acres from R-4 Residential to C-N Commercial. The property is generally located at the SW corner of N. Linder Road and W. Cherry Lane. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. DATED this~~"}~ day of ~ ,-~ Q~. _, 1990. AMBROSE, FIRGERALD i CROOKSTON Attorneys snd CAUneeloro P.O. eov /2] Meridlen, Idaho 8JN2 Telephone BB6NB1 .. ~~~ o ~~~~~~~~ ~~ .~~x~ ~ ~~ 3 M~ M ~ ~ Hp .~. _ TT3~~""+ y -~ Z ~p~~ ~ ~ P~ ~zy-1 ~ .H ~ (~~fjp} ~ ~~1 J P~ N C' ~ M -3 S - "' ppmQj' ~ v iS E - (~ R F' - ~ r~ ~~~ ~~ ~ ~ ~ ~ $~~ M ~ ~~~ ii i iii i ~ ~ ~ ~ ~ ~ 8 ~ ~ -+ ~ ~ ~~ -_. z G0 0 ~ ~ ~ ~ ~ x ~b ~' ~ ~ .. z z y~y t*J w N 0 N 0 I. GENERAL INFORMATION Filing infozmation Neighborhood. Convenience Store & Day Care Center (Proposed Name of Subdivision) Southwest corner of N. Linder Road and FT. Cherry Lane (General Location) North 283 feet of East 623 feet of NE 1/4 Description - B.t1., Ada County, Idaho See Attached Option Aereemen (Owner(s) of Record) (Name) (Telephone No. ) (Address) .4ax A. Boesiger, Inc. 853-2001 (Applicant) (Name) (Telephone No. ) 6479 Glenwood, Boise, Idaho 83703 (Address) Gary A. Lee, P.E./L.S. - J-li-B ENGINEERS, Inc. 376-7330 (Engineer, Surveyor or Planner) (Name) (Telephone No. ) 250 South Beechwood Avenue, Boise, Idaho 83709 (Address) City of Meridian (Jurisdiction(s) Requiring Approval) Commercial (F,e-zone request from R-4 to C-N) (Type of Subdivision-Residential, Commericial, Industrial) ± 50 4.05 $280.00 :) APPLICATION FOR ANNE7(ATION APPROVAL 6 ZONING Meridian Planning 6 Zoning Commission (Fee Acres of Land in Contiguous Ownership. Max A. Baesiger,~c. General Contractor 8e Developer February 8, 1990 Jack Niemann, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: Commercial Zone Request at N Dear Mr. Niemann: • 6479 GLENWOOD, SUITE A BOISE, ID 83703 (208) 853.2001 Linder Road and W. Cherry Lane Pursuant to the procedures outlined in the City of Meridian, Idaho Zoning Ordinance, MAX A. BOESIGER, INC. hereby requests that a certain parcel of land as described in the attached Zoning Amendment Application be rezoned from the present R-4 designation to a C-N Commercial designation. The parcel of land is situated at the southwest corner of N. Linder Road and West Cherry Lane and is bound to the south and west by properties owned by the applicant which is currently planned to be a residential subdivison known as THE VINEYARDS. The preliminary plat application is currently being considered. The present land use of the property is agricultural. The proposed land use will be commercial in accordance with the C-N Zone Designation. It is the intent of the owner to provide a neighborhood convenience shopping and day care site for the existing and planned residential neighborhoods in the vicinity of Cherry Lane and Linder Road. It appears that the proposed zoning amendment would be beneficial to approximately 1500 living units within close proximity of this intersection because of the present lack of services to-support ahis area of Meridian. In addition, the proposed commercial site would be in conformance with the intent of the Meridian Comprehensive Plan. Boesiger agrees to pay all costs incurred by the city including engineering, publication and attorney's fees. In addition, the below signed owners certify that they will post said property one week before the scheduled hearing date in accordance with the City of Meridian Zoning Ordinance. PIE-RCE~PARK ~(~ INTE Jack P7iemann City of Meridian February 8, 1990 Page 2 We appreciate the opportunity to submit this Zoning Amendment Request. Thank you for your consideration. Respectfully submitted, MAX A. BOESIGER, INC. Q c~sz-Q.~. 2. - 8 -- yD Max A. Boesiger, Jr., , President ATTEST: STATE OF IDAHO ) ss. COUNTY OF ADA ) ON THIS ~W' day of February, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared MAX A. BOESIGER, JR. known or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation and acknow- ledged to me that such corporation ex ted the samjVP~~I^ N tary Public for to of IdaFio ~esiding in Boise daho Y commission expares 5/12/94 (seal) ° ~ • . ~ J NI ~ ~ ~ p _ G~ x • w • I _.~ . ~... ~....... O V O O r ~. n i z { i H F z ~ Z i z ~ ~ O o W ' w N i A „i ~ w a 0 ., U ~ C ~ W ~ ~" ~ Z W ~ ~ O a I H ~ 0 ~"' d ~.. ~~ ~~ ~i ~(~ _ ~~~ ~~ ~ ~~f ~ If ~' ^/ r I • w ~ r ry_ i~3aNl~ a o M 4 • 6 ~"' ~ ~\ i i\ ~ W Fi ~~ _ Z ¢ U ai P ~ I a~ I Qj X~ ~. w / / ~ On -gym ~ ~ Z N U N ` ,. ~ ~ ~ O~X~ ~. C O ° N a ~ ~ 7 8 W~~ -1 - ~ N qqqq~~~~ /,t a P'3E4 x W~> L \ : "€- 65 9p ~ i N J X I m. L 195.09 .- / N .O u ~ BO 107 j ~ rS ~~._ ~~c O )) G ~' 4 m U ~ ~ ~,~ C ei ,b. a _-__ m 01 ~ ~ u v T v 'I . O Ot n ~r _. ~J e~ ~~ ~' N r~ OI 149 N c + 3) I ~i PHASE s `" n $ m ~ 10J Bt ~ i B 4 ~ BB Bt 7 ~ :~ _ ~ + N ~ N ~ ~ ...e4 .yl u, / .C_\ 1~ 103 ~. 1 7 ~ ~ J G U -+ ~ v n ~ N Ot N 0 ~ e ~ 3 (n ~ ~ uo N N N. a r PHASE 7 f~l ~ ~ so N ~ '^ . Bo B0 Q~l, PHASE ! 1zz 5t m ~ ~ ~ n p $ Rlj„ ~ 1t v r^ ~ a N a a m m n; ~ p D t/1 v BO t S Z ~ y PLACE __ ~ ~ c ,~ too m u _ ~ ~ ~ BJ r o vt ~ ~ .cos P J U _._ _. 4 u N • ~ ~ N - e _ N 4~ ~ O _ I l ... _ _- . ~ Ss. 2a ' 33= >c m _ ~ ; Z ; O _~ I I ~ ~m D ~ ':m x'o x' x ~ ~ x ':m x UNPL`ATTED m o~ xy ~ s .~ ~ ~ g y °m Ztn D f1i x _ _ ° } O G [ L m ~ I x~ 9 9 's_. i~ f D ~' 07 ~ °z o~ ao Om Z k mo? yp ~ f ~ t x e ~~ <Z ~ p = ~C_, m D ZO D m s tnnA Zc m aN m 1 ~- i D o ' - < ~Z m n i BOESIGER COMMERCIAL RE-ZONE APPLICATION ADJACENT PROPERTY OWNERS WITHIN 300' John A. and Naomi Dyer 1700 Almaden Drive Meridian, ID 83642 Phone: 888-2787 Mark E. and Mary Louise Bird 1915 W. Cherry Lane Meridian, ID 83642 Phone: 888-6560 Glenn and Mildred Nyborg 1660 W. Cherry Lane Meridian, ID 83642 Phone: 888-9692 Terry G. and Linda J 1655 N. Linder Road Meridian, ID 83642 Phone: 888-3055 Russell S. and Sonia 1528 W. Cherry Lane Meridian, ID 83642 No Listing Nyborg J. Heughins Calvin F. and Ann L. Barlow 1516 W. Cherry Lane Meridian, ID 83642 Phone: 888-4165 Samuel C. and Roberta L. Lytle 1440 W. Cherry Lane Meridian, ID 83642 Phone: 888-4673 Northwest District of Lutheran Church Missouri Synod 1406 W. Cherry Lane Meridian, ID 83642 Phone: 888-1622 Stubblefield Development P. 0. Box 327 Meridian, ID 83642 Phone: 888-1202 Arnold H. Stubblefield P. 0. Box 327 Meridian, ID 83642 Phone: 888-1202 Ray A. Carnahan and Glenda J. Crossley 1530 Northgate Meridian, ID 83642 No listing E. Dwight and Janette R. Snodgrass P. 0. Box 11254 Meridian, ID 83642 No listing Kenneth V. and Carolyn J. Wood 1538 N. Linder Road Meridian, ID 83642 Phone: 888-5894 George M. and Jean F. Earley 1536 N. Linder Road Meridian, ID 83642 Phone: 888-5176 Daniel J. Hardee 6477 Fairview Avenue Meridian, ID 83642 Phone: 376-6160 Jeffery A. and Sandra K 1520 N. Linder Road Meridian, ID 83642 Phone: 888-6748 Steve W. and Christy L 1521 W. 15th Street Meridian, ID 83642 Phone: 888-6975 Cortland E. and Susan E 1527 W. 15th Street Meridian, ID 83642 Phone: 888-1820 Co. Sharron K. Hill 1537 W. 15th Street Meridian, ID 83642 No listing Gale Tatman Walker et al Emory (Jr.) and Laurie A. West 1539 W. 15th Street Meridian, ID 83642 Phone: 887-4812 Carl J. and Norma M. ~sen N. Linder Road Box 118 Meridian, ID 83642 No listing Meridian Assembly of God P. 0. Box 406 Meridian, ID 83642 Phone: 888-0063 • J-U-B EIV~INEERS. INC. 250 South Beachwood Avenue, Suitel Boise, Idaho 83709 Phone (208)37&7330 C/Ty O~ 1a~621F)/RAl 33 E /D/4N-o Mlsn-/o/A-itl /D. OF TRANSMITTAL COPIES GATE OR NO. DESCRIPTION ~L7 cA Tl pN K. KE- ZO Ci r I z 9 u GK /-4 V_ / ~ Z o, c~ / Z/ D c~TT52. l?T S/G 7nt ~~ I ~L~ 2 OwNS2,C LIST ~i /`r /~`'300~ V IL1 Z I b ~/= Opp f I !I So O aN Cfi~s~ l ~ l/'y l9p A/ ~/ THESE ARE TRANSMITTED AS CHECKED BELOW: ~^ FOFOR APPROVAL ^ AS REQUESTED ^ RETURNED FOR CORRECTIONS ~ FOR YOUR USE ^ FOR REVIEW ANO COMMENT ^ FOR BIDS DUE IH ^ PRINTS RETURNED AFTER LOAN TO US IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE. COPY FOR RECEIVED BY. SIGN DATE PLEASE SIGN. DATE AND RETURN WNITE COPY GENTLEMEN: ~'~/ WE ARE SENDING YOU L°J ATTACHED ^ UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: ^ SHOP DRAWINGS ^ PRINTS ^ PLANS ^ SAMPLES ^ SPECIFICATIONS n __-.- -- . ----- n _---. -- -..---_ n _.....-- ----- r.~-- QOOLa eo r~ou PAW 4 G. E -•, . ,. ..~ . .. -~ OPTION AGREEMENT THIS AGREEMENT is made and entered into this ~~ day of November, 1989, by and between W. BURTON SMITH and LA RENE SMITH, husband and wife, EDWARD L. BEWS and SHIRLEY G. BEWS, husband and wife, and ART DAM S and GWEN DAM S, husband and wife, herein referred to as "Smith/Bews/Davis," and MAX A. BOESIGER, INC., an Idaho corporation, herein referred to ws "Boesiger." The parties agree as follows: A. Smith/Bews/Davis own the real property described on Exhibit "A" attached hereto and by this reference incorporated herein. The real property consists of approximately twenty-seven (27) acres more or less, is located in Ada County, Idaho, and is hereinafter referred to as "subject property." B. The parties have agreed that Boesiger shall have the option to purchase the subject property under the terms and conditions hereinafter set forth. For the reasons recited herein and in consideration of the mutual covenants contained herein, Smith/Bews/Davis grant to Boesiger the option to purchase the subject property subject to the following conditions: 1. PAYMENT FOR OPTION. 1.01. Boesiger shall pay the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) to the escrow holder on or before November ~, 1989, and an additional option payment of NINE OPTION AGREEMENT - Page 1 RHG9/cjb/111089 THOUSAND AND NO/100 DOLLARS ($9,000.00) shall be paid to the escrow holder on January 2, 1990. 1.02. In addition to the aforesaid option money and as a condition of this option, Boesiger agrees to pay all water assessments, real property taxes, and assessments of every kind and nature levied or assessed against the real property described in Exhibit "A" to the extent attributable to any period of time after December 31, 1989. Smith/Sews/Davis shall pay any such levy, bill to Boesiger. I Smith/Sews/Davis for the days from the date such shall have no further property and all option assessment or taxes and present a E Boesiger fails to reimburse amount so paid within thirty (30) bill is presented, then Boesiger option to purchase the subject money paid shall remain the sole property of Smith/Sews/Davis. 1.03. The option money of $10,000.00 is non-refundable and shall be released by the escrow holder to Smith/Sews/Davis upon receipt of written demand therefor after January 2, 1990, and this sum shall apply to the last parcel released under the deed release provisions contained herein. 2. ,PURCHASE PRICE. The purchase price of the subject property if the option is exercised shall be the sum of TWO HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED AND SEVENTY-FIVE DOLLARS ($232,575.00) lawful money of the United States of America. OPTION AGREEMENT - Page 2 RHG9/cjb/111089 3. PARCEL. A parcel shall consist of not less than eight (8) acres. Smith/Bews/Davis may designate the parcels on the preliminary plat when it is approved by the Planning & Zoning Commission. 4. TERM OF OPTION. This Agreement shall expire on December 30, 1994, and any money due under the terms and conditions of this Agreement shall be paid in full by that date. 5. ESCROW HOLDER. First American Title Company, Boise, Idaho, shall be designated as the escrow holder to receive money due under the terms and conditions of this Option Agreement, to deliver deeds and to act in accordance with the terms and conditions of this Agreement and any written modification thereto. The parties agree to execute any escrow instructions required by the escrow holder, and to divide all costs of escrow equally between Seller and Buyer. 6. METHOD OF EXERCISE OF OPTION. The option shall be exercised in the following manner for each parcel(s) acquired: 6.01. Boesiger shall give written notice to Smith/Bews/Davis of Boesiger's desire to obtain a release of a parcel. Boesiger shall specify a date and time for each closing to occur. Each closing shall occur at First American Title Company, Boise, Idaho, and shall be within two (2) weeks from the date the written notice is provided. 6.02. The escrow holder shall serve as the closing agent. The escrow holder shall prepare a deed conveying the OPTION AGREEMENT - Page 3 RHG9/cjb/111089 • property requested by Boesiger upon receipt of a legal description thereof, subject to the terms and conditions of this Agreement. The escrow holder shall, upon payment by Boesiger to the escrow holder of the amount due for the release of the Warranty Deed, deliver the Warranty Deed to Boesiger and deliver the money so paid to Smith/Sews/Davis. 7. PAYMENT OF PURCHASE PRICE. On the exercise of each option, Boesiger shall pay to Smith/Sews/Davis, in lawful money of the United States of America, the sum of EIGHT THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($8,750.00) per acre for the option property purchased. The TEN THOUSAND DOLLARS ($10,000.00) paid for the option shall be applied to the last purchase of a parcel. IIpon the release of the final parcel, the balance of the purchase price of TWO HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED AND SEVENTY-FIVE DOLLARS ($232,575.00) shall be paid in full. 8. INTEREST. The sum of TWO HUNDRED 9~-TWO THOUSAND FIVE HUNDRED AND SEVENTY-FIVE DOLLARS ($~~575.00) shall bear interest at the rate of ten percent (108) per annum, accruing from and after January 2, 1991, on the unpaid balance thereof. The interest shall be paid annually commencing December 31, 1991 and continuing thereafter until all principal and interest are paid. 9. RESTRICTIONS ON ASSIGNMENT. Boesiger shall not have the right to assign its rights under this option without the prior written consent of Smith/Sews/Davis. OPTION AGREEMENT - Page 4 RHG9/cjb/111089 10. WARRANTY DEED/WARRANTIES. 10.01. At each closing, Smith/Sews/Davis shall deliver to Boesiger a Warranty Deed to the property being acquired under the terms and conditions of this option. The subject property shall be free and clear of all liens and encumbrances, except for easements, rights of way and encumbrances of record and those obviously existing upon the -- subject property. Smith/Sews/Davis shall not be obligated to pay for a title insurance policy. 10.02. Smith/Sews/Davis make no warranties as to zoning, soil conditions, or the suitability of the property for development and Boesiger covenants and agrees to accept the property "as is" without warranty. 11. NO LIENS/IMPROVEMENTS, ETC. Boesiger covenants and agrees to make no improvements to the subject property, nor incur any liens thereon until Boesiger is the owner of record of the subject property. 12. REAL ESTATE COMMISSION. Smith/Sews/Davis agree to pay a total real estate commission of ELEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($11,750.00) which shall be paid from the proceeds of the release of the first parcel(s) paid for and released under the terms of this Option Agreement. The parties agree that forty (40) percent (8) of this commission shall go to Art Davis & Associates, and sixty (60) percent (8) of this commission shall be paid to Lyle R. Cobbs of Idaho Properties. OPTION AGREEMENT - Page 5 RHG9/cjb/111089 x • • • 13. NOTICES. Any notice to be given under and pursuant the terms of this Option Agreement shall be deemed delivered wk mailed through the United States certified mail, postage prepa: return receipt requested, addressed to the respective part: hereto at the following addresses: In the case of Smith/Bews/Davis: 5206 Sorrento Boise, Idaho 83704 In the case of Boesiger: 6479 Glenwood Boise, Idaho 83703 15. NON-RECORDATION. The parties agree that neither this Agreement nor any memorandum hereafter shall be recorded with the County Recorder or any other entity. 16. ATTORNEY FEES AND COSTS. In the event either party hereto shall commence any action involving this Option Agreement, the prevailing party in such litigation, as determined by the Court, shall be entitled to judgment against the other party for the prevailing party's reasonable attorney fees and costs and expenses of suit, in addition to the other relief granted by the Court, including such fees, costs and expenses on appeal thereof. 17. BINDING EFFECT. This agreement shall be binding upon the heirs, administrators, executors, successors and assigns of the respective parties hereto. OPTION AGREEMENT - Page 6 RHG9/cjb/111089 ~ • t ~~ ~~~~ W. BURTON SMITH K~r~=a.._.._~i LA RENE SMITH EDWIKRD L. BEWS SHIRLEY G. BEWS OPTION AGREEMENT - Page 7 RHG9/cjb/111089 "Smith/Sews/Davis" MAX A. BOESIGER, INC., an Idaho corporation ~ • ~~ .. STATE OF IDAHO ) ss. County of Ada ) On this ~ CI day of November, 1989, before me the undersigned Notary Public, personally appeared W. BURTON SMITH and LA RENE SMITH, husband and wife, known to me or acknowledged to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN FI•i."l~~IE~"WHEREOF, I have hereunto set my hand and seal the day and,• ~-~ acknowledgment first above written. .` -s J. '~ r 3 < ~ < ~,. m ~ v, a p J ",: A. . :, b 'j' Q ,~Q'; Nota y Public f r Idaho ,, ,~~ 5,.~ . _ •,, iy Resi 'ng at Bo se, Idaho ~_ ''••.,,,~~~~~~;,~~~'~~ My Commission Expires:/~/3. ~, STATE OF IDAHO ) . ss. County of Ada ) On this day of November, 1989, before me the undersigned Notary Public, personally appeared EDWARD L. BEWS and SHIRLEY G. BEWS, husband and wife, known to me or acknowledged to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this acknowledgment first above written. 0~ Jib ~ y . ~ -~ _ J O C 3 Q ~ J iu._ r ~ . o © o L9. - a ~:'; b ~y ~ N ``~' , ~lj y ~ ~ Nota Public fo Idaho Reside at Boi , Idaho My Commission Expires: ~7~3 OPTION AGREEMENT - Page 8 RHG9/cjb/111089 • ~ • STATE OF IDAHO ) ss. County of Ada ) On this ~G day of November, 1989, before me the undersigned Notary Public, personally appeared ART DAVIS and GWEN DAVIS, husband and wife, known to me or acknowledged to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this acknowledgment first above written. U ~ ~P - ¢= Nota y Public fo Idaho r = Jm ~ Resi 'ng at Bois Idaho y p p, My Commission Expires: 8~~ :, .~ STATE OF IDAHO ) . ss. County of Ada ) On this ~0 ~ day of November, 1989, before me the(' undersigned Notary Public, personally appeared ~2 /~ RdPC,aer dh, who is the 1, ~C e, ~re <;c~2r,T of MAX A. BOESIGER, INCA an Idaho corporation, known to me or acknowledged to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this acknowledgment first above writ.t~n: ~' ~ r ~ .~ /, i ~ . r Res~ding at Boise, Pda~' My ommission Expiresf' ~ OPTION AGREEMENT - Page 9 RHG9/cjb/111089 ~J-~1-B E~'GI~;EERS, Inc. ~,,,ma.«,.x°A.enw.5uil~l,Boiss.~oanou:.1U9 Project: 8858 Date: June 29, 1933 PARCEL II - 10.00 ACRES DESCRIPTION FOR IDAHO PROPERTIES INVESTPIEI•IT COhlPAN'1 A PORTION OF THEN 1/2 NE 1/4, SECTION 11, T.3N., R.1W., B.I.1., ADA COUNTY, IDAHO A parcel of land lying in the N 1/2 of the NE 1/4 of Section 11, T.3N., R.1W., B.tl., Ada County, Idaho and more particularly described as follows: Beginning at the Northeast corner of the said NE 1/4 of Section 11; thence South 0°36'33" West 662.24 feet along the Easterly boundary of the sai3 N 1/2 of 'the NE 1/4 of Section 11, which is also the centerline of Linder Road, to a point marking the Northeast corner of the S 1/2 of the said N 1/2 of the NE 1/4 of Section 11; thence North 89°33'47" West 25.00 Feet along a line Southerly of and parallel with the Northerly boundary of the said NE 1/4 of Section 11 to a point on the westerly right-of-way line of Linder Road, also said point being the REAL POINT OF BEGINNING; thence continuing North 89°33'47" West 1,618.22 feet along a line Southerly of and parallel with the said Northerly boundary of the NE 1/4 of Section 11 to a point; thence South 0°26' 13" West 269.25 feet to a point; thence South 89°33'47" East 1,617.41 feet along a line Southerly of and parallel with the said Northerly boundary of the NE 1/4 of Section 11 to a point on the said Westerly right-of-way line of Linder Road; thence North 0°36'33" East 269.25 feet along the said Westerly right-of- way line of Linder Road to the point of beginning, comprising 10.00 acres, more or less. Prepared by: J-U-B ENG RS, Inc. G`S~~fRED (qyo c\lF OF ~~ `~ . ~~Y (. R09Eij7'~ ti,JG;GLR/JDC:dp Gary L. Rodenspiel, L.S. NOIE:- Survr_y data of the above written description was taken from data of record and calculated data and not frem an-actual field survey. :I-i.~•l~'ENGiNEERS, Inc. ~oulo8•rcnwanJ4ramn.5uoel.0wvLlaannM:rv! Project: 8S59 Date: June 29, 1983 -- ------------- • PARCEL I - 13.00 ACRES DESCRIPTI041 FOR IDAHO PROPERTIES INVESTMENT COtiPAN'I A PORTION OF THEN 1/2 NE 1/4, SECTION 11, T.3N., R.1W., B.Pf., ADA COUNTY, IDAHO A parcel of land lying in the N 1/2 of the t•lE 1/4 of Section 11, T.3N., R.lw. , B.}t. , Ada County, Idaho and more particularly described as follows: Beginning at the Northeast corner of the said NE 1/4 of Section 11; thence South 0°36'33" West 1,284.49 feet along the Easterly boundary of the said N 1/2 of the NE 1/4 of Section 11, which is also the centerline of Linder Road, to a point on the Northerly right-of-way line of Ninemile Creek; thence North 89°22'22" West (formerly described as South. 89°SS' West) 25.00 feet along the said Northerly right-of-way line of Ptinemile Creek, .which is also along a line 40.00 feet Northerly of and parallel with the Southerly boundary of the said N 1/2 of the NE 1/4 of Section ll, to a point on the westerly right-of-way line of Linder Road, also said point being the REAL POIP:T OF BEGIAfT7ING; thence continuing North. 89°22'22" West (formerly described as South 89°55' west) 1,616.36 feet along a line 40.00 feet Northerly of and parallel with the said Southerly boundary of the 1J 1/2 of the NE 1/4 of Section 11 to a point; thence North 0°26'13" East 347.55 feet to a point; thence South 89°33'47" East 1,617.41 feet along a line Southerly of and parallel with the Northerly boundary of the said NE 1/4 of Section 11 to a point on the said Westerly right-of-way line of Linder Road; thence South 0°36'33" West 352.91 feet along the said Westerly right-of- way line of Linder Read to the point of beginning, comprising 13.00 acres, more er less. Prepared by: J-U-B S, Tnc. c~~sSr1 '~O /I ~~y=~.d3 c lF 0 F ~~ ~~`- ~• ROOE~S~ H'dG/GL3; JDC:do Gary L. Rodenspiel, L.S. NGTE: Suc:ey data of the above written description was taken from data of record and calculated data and not from an actual field survey. _ • J- ~I: Q~ E:~ GI~IEERS, Inc. • li Beecn.oo° A+amro. Sw~a I, Bass. 1°an W~°9 • Froject: 8858 Date: June 29, 1983 PARCEL III - 3.58 ACRES DESCRIPTION FOR IDAHO PROPERTIES INVESTI4ENT COFIPAh: A PORTION OF THE N 1/2 NE 1/4, SECTION 11, T.3N., R.1W., B.M., ADA COUNTY, IDAHO A parcel of land lying in the N 1/2 of the NE 1/4 of Section 11, T.3N., R. la. , B.PJ. , Ada County, Idaho and more particularly described as follows: Beginning at the Northeast corner of the said NE 1/4 of Section 11; thence North 89°33'47" Wesi 2,622.49 feet along the Northerly boundary of the said NE 1/4 of Section ll, which is also the centerline of Cherry Lane, to a point on the Easterly right-of-way line of Ninemile Creek, said point bears South 89°33'47" East 33.00 feet (formerly described as North 89°41' East 33.0 feet) along the said Northerly boundary of the NE 1/4 of Section 11 from the Northwest corner of the said NE 1/4 of Section 11; thence South 0°35'48" west.548.83 feet (formerly described as South 0°00' Easi 548.00 feet) feet along the said Easterly right-oi-way line of Ninemile Creek, which is also along a line 33.00 feet Easterly of and parallel with the said westerly boundary of the N 1/2 of the NE 1/4 of Section 11, to a point; thence South 15°16'53" East 88.42 feet (formerly described as South 15°54'30" East 88.3 feet) along [he Northeasterly right-of-way line of Ninemile Creek to a point; thence South 31°09'16" East (formerly described as South 31°49' East) 456.59 feet along the•said Northeasterly right-of-way line of Ninemile Creek [o a point, also said point being the REAL POIAJT OF BEGINNiPJG; thence continuing South 31°09'16" East (formerly described as South 31°49' East) 208.15 feet along the said Northeasterly right-of-way line of :Jinemile Creek to a point; thence South 70°00'22" East 231.75 feet (formerly described as South 70°44' East 231.3 feet) along the said Northeasterly right-of-way line of Ninemile Creek to a point on the Northerly right-of-uay line of Ninemile Cceek; thence South 89°22'22" East (formerly describe? as North 89°55' East) 383.25 feet along the said Northerly right-of-way line of Ninemile Creek, which is also along a line 40.00 feet Northerly of and parallel with the Southerly boundary of the said N 1/2 of the J•!E 1/4 of Section 11, to a paint; thence Dlorth 0°26'13" East 256.17 feet to a point; ,' i.r,~. ENGINEERS, hit. ~" tl«UIN00° 4101M1~. Suib 1, tl000. bath eivw • • Project: x858 Date: June 29, 1983 Page: 2 - Parcel III - 3.58 Acres - Idaho Properties Investment Company :hence North 89°33'47" West 715.67 feet along a line Southerly of and parallel with the said Northerly boundary of the NE 1/4 of Section 11 to the point of beginning, comprising 3.58 acres, more or less. Prepared by: J-U-B EPIGINEERS, Inc. 9~Y (. RODE~Sl , HWWGLR/JDC:dp - Gary L. Rodenspiel, L.S. NOTE: Survey data of the above written description was taken from data of record and calculated. data and not from an actual field survey. OPTION AGREEMENT THIS AGREEMENT is made and entered into this day of January, 1990, by and between John A. Dyer and Mary Naomi Dyer, husband and wife;. John A. Dyer as Personal Representative for Mary Naomi Dyer, herein referred to as "Dyer", and Max A. Boesiger, Inc., an Idaho corporation, herein referred to as "Boesiger". The parties agree as follows: A. Dyer owns the real property described on Exhibit "A" attached hereto and by this reference incorporated herein. The real property consists of approximately forty four acres (44 acres), more or less, is located in Ada County, Idaho, and is hereinafter referred to as "subject property." B. The parties have agreed that Boesiger shall have the option to purchase the subject property under the terms and conditions hereinafter set forth. For the reasons recited herein and in consideration of the mutual covenants contained herein, Dyer grants to Boesiger the option to purchase the subject property subject to the following conditions: 1. PAYMENT FOR OPTION. 1.01. Boesiger to pay the sum of T64ENTY FIVE THOUSAND AND NO/100 llOLLARS ($25,000.00) to Dyer through the escrow holder on January 15, 1990, and a second payment of TPJENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) within 7 days of approval of the preliminary plat, but no later than April 15, 1990. OPTION AGREEMENT - page 1 .~ 1.02. In addition to the aforesaid option money and as a condition of this option, Boesiger agrees to pay all water assessments, real property taxes, and assessments of every kind and nature levied or assessed against the real property described i Exhibit "A" to the Q?U ~ extent attributable to any period of time after , 1990 or at. Dyer shall pay any such levy, assessment or taxes and present a bill to Boesiger. If Boesiger fails to reimburse Dyer for the amount so_paid within thirty .(30) days from the date such bill is presented, then Boesiger shall have no further option to purchase the subject property and all option money paid shall remain the sole property of Dyer. 1.03. The option money of .$50,000.00 is non-refundable and shall be released by the escrow holder to Dyer upon receipt of written demand therefor, and this sum shall apply to the last parcel released under the deed release provisions contained herein. 2. PURCHASE PRICE. The purchase price of the subject property if the option is exercised shall be the sum of FOUR HUtJDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) lawful money of the United States of America. 3. TERM OF OPTION. This Agreement shall expire on September 1, 1998, and any money due under the terms and conditions of this Agreement shall be paid in full by that date. 4. ESCROW HOLDER. Pioneer Title Company, Boise, Idaho, shall be designated as the escrow holder to receive money due under the terms and conditions of this Option Agreement, to deliver deeds and to act in accordance with the terms and conditions of this Agreement OPTION AGREEMENT - page 2 and any written modification thereto. The parties agree to execute any escrow instructions required by the escrow holder, and to divide all costs of escrow equally between Seller and Buyer. 5. METHOD OF EXERCISE OF OPTION. The option shall be exercised in the following manner for each parcel(s) acquired: 5.01. Boesiger shall give written notice to Dyer of Boesiger's desire to obtain a release of a parcel. Boesiger shall specify a date and time for each closing to occur. Each closing shall occur at Pioneer Title Company, Boise, Idaho,. and shall be within two (2) weeks from the date the written notice is provided. 5.02. The escrow holder shall serve as the closing agent. The escrow holder shall prepare by Boesiger upon receipt of the terms and conditions of upon payment by Boesiger to the release of the Warranty Boesiger and deliver the mop a deed conveying the property requested a legal description thereof, subject to this Agreement. The escrow holder shall, the escrow holder of the amount due for Deed, deliver the Warranty Deed to iey so paid to Dyer. 6. PAYMENT OF PURCHASE PRICE. On the exercise of each option, Boesiger shall pay to Dyer, in lawful money of the United States of America, the sum of NINE THOUSAND AND NO/100 DOLLARS ($9,000.00) per acre, plus accrued interest, for the option property purchased. The FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) paid for the option shall be applied to the last purchase of a parcel. Upon the release of the final parcel, the balance of the purchase price of FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) shall be paid in full. OPTION AGREEMENT - page 3 ' '. 6.01. Should Boesiger request a deed to release the proposed commercial property on the corner of Linder and Cherry Lane, the following payment schedule shall apply. A. Parcel A, on the corner of Linder and Cherry Lane, shall be paid at the rate of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) per acre for the first minimum one (1) acre parcel. B. The remainder of the commercially zoned property, located West and adjacent to Parcel A, shall be paid at the rate of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) per acre. The proposed commercial property shall be indicated on the plan described on Exhibit "B" and incorporated herein. OPTION AGREEMENT - page 3A 7. INTEREST. The sum of FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00), less option money paid, shall bear interest at the rate of ten percent (10~) per annum, accruing from and after January 15,1990, on the unpaid balance thereof. The interest shall be paid annually commencing December 31, 1990 and continuing thereafter until all principal and interest are paid. The entire balance, including principal and interest, shall be paid on or before September 1, 1998. 8. RESTRICTIONS ON ASSIGNMENT. Boesiger shall not have the right to assign it's rights under this option without the prior written consent of Dyer. 9. WARRANTY DEED/WARRANTIES. 9.01. At each closing, Dyer shall deliver to Boesiger a Warranty Deed to the property being acquired under the terms and conditions of this option. The subject property shall be free and clear of all liens and encumbrances, except for easements, rights of way and encumbrances of record and those obviously existing upon the subject property. Dyer shall be obligated to pay for a title insurance policy. 9.02. Dyer makes no warranties as to zoning, soil conditions, or the suitability of the property for development and Boesiger covenants and agrees to accept the property "as is" without warranty. 10. NO LIENS. Boesiger covenants and agrees not to incur any liens on the subject property until Boesiger is the owner of record of the subject property. OPTION AGREEtdENT - page 4 12. REAL ESTATE COMMISSION. Dyer agrees to pay Idaho Properties Real Estate, Inc. a total real estate commission of TWENTY FOUR THOUSAND AND NO/100 DOLLARS ($24,000.00), which shall be paid from six (6) percent of the proceeds as each payment is made under the terms of this agreement. 13. NOTICES. Any notice to be given under and pursuant to the terms of this Option Agreement shall be deemed delivered when mailed through. the United_States certified mail, postage prepaid, return receipt requested, addressed to the respective parties hereto at the following addresses: John A. Dyer 18656 Middleton Road Nampa, ID 83687 Max A. Boesiger, Inc. 6479 Glenwood, Suite A Boise, ID 83703 14. NON-RECORDATION. The parties agree that neither this Agreement nor any memorandum hereafter shall be recorded with the County Recorder or any other entity. 15. ATTORNEY FEES AND COSTS. In the event either party hereto shall commence any action involving this Option Agreement, the prevailing party in such litigation, as determined by the Court, shall be entitled to judgment against the other party for the prevailing party's reasonable attorney fees and costs and expenses of suite, in addition to the other relief granted by the Court, including such fees, costs and expenses on appeal thereof. OPTION AGREEMENT - page 5 . ', 16. BINDING EFFECT. The Agreement shall be binding upon the heirs, administrators, executors, successors and assigns of the respective parties hereto. -~ ~-. ~'Johr~ A. Dy~ (~' y j, ~ ' `S /~,_ g ~ 1. i. • , Mar;~t; N omi Dyer 7 MAX A, t)OESIGER, INC. ~!t,~ii~ -LZj~~ _1On~~1~~1 by;/7 - - - - Its `.S STATE OF IDAHO). )ss. COUNTY OF ADA ) On this ~ day of January, 1990, before me, the undersigned Notary Public, personally appeared John A. Dyer; John A. Dyer as Personal Re res- entative for Mary'Nanmi Dyer known to me or acknowledged to me to be the person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this acknowledgment first above written. Notary Public for Idah Residing at Boise, Idaho My commission expires: Gc~,~~ ~'- /9y ~ STATE OF IDAHO) )ss. County of Ada ) On this l~day of Jan a y, 1990, efore me, the undersigned Notary Public, personally peared~ Q. s~~v,Z.,~~pt/ ~• known or identified to me to be the ~ t e corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this acknowledgment first above written. (/Xn ~l Not ry Public for Idaho, esiding at o'se, Idaho. My commis ion expires: OPTION AGREEMENT - page 6 - - --~ ~ I ~ ~I Z f Z m ~'~ o~ D OI cr-crc-cY SANE --. ,,, EXHIBIT "B" Dyer/BOesiger