HomeMy WebLinkAboutVineyard Subdivision VARMMIDIAN CnY COUNCIL • •
►APRIL 3, 1990
PACE # 2
Wayne Williamson, 337 Eagle Glenn, Eagle, Id. Williamson was sworn by the City
Attorney:
Williamson: We purchased this property back in 1977, supposedly it was zoned for
three six plexes, we reoently went thrnuyhgetting the necessary signatures for an
application for a PUD for 5 triplexes & one single family dwelling, at the Planning
& Zcning Hearing we had several people who objected to this use, so we withdrew that
request and we would like to now have a PUD for six single family dwellings. The lots
are over 6000 square feet and the narrowest is 50 feet. I think you might have a
diagram of what is planned. We would meet all the requirements of the City and
other agencies.
Giesler: Mr. Williamson, the main cmplaint of the neighbors before was because of
the triplexes?
Williamson: Yes, they were talking about a lot of added traffic and they thought it
could devalue their property.
Mayor Kingsford: Anyone else from the public who wishes to offer testimony? There was
no response. The public Hearing was closed.
The Motion was made by Giesler and seoonded by Tolsma to approve the Findings of Fact
and Conclusions of Law as prepared for the Planning & Zoning Cammssion:
Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea:
The Motion was made by Giesler and seoondea by Yerrington to approve the Conditional
Use Permit for a PUD for six single family units for Wayne & Mary Williamson with the
conditions set forth in the Findings of Fact & Conclusions of Law:
Motion Carried: All Yea:
Item #3: Final Plat on Chateau Meadows East #2:
Mayor Kingsford: Any Questions of the Council, does the City Engineer have any
additonal oomments?
City Engineer: I visited with the developers engineer today and he concurred with my
comments.
The Potion was made by Tolsma and seconded by Yerrington to approve the Final Plat
on Chateau Meadows # 2:
Motion Carried: All Yea:
Itsn #4: Findings of Fact Cn Variance Request by Hoesiger, Inc. for the Vineyards
Subdivision:
Mayor Kingsford: Council Members you have those Findings, are there any questions
you would like to ask?
The Potion was made by Yerrington and seconded by Myers that the City Council of the
City of Meridian does hereby adopt and approve the Findings of Fact and Conclusions
as prepared on the Variance Request by Max Ebesiger, Inc.
Motion Carried: Roll Call Vote: Yerringtcn, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea:
MERIDIAN CITY COUNCIL
APRIL 3, 1990
PAGE #3
The Motion was made by Myers and seconded by Yerrington to approve the Variance for
70 ft. lot frontage for Boesiger Inc.
Motion Carried: All Yea:
There was further discussion.
The Motion -was made by Tolsma and seconded by Giesler to approve of a Conditional Variance
to allow for dry lines to be put in and that it be activated as soon as City standards
have been established.
Motion Carried: All Yea:
ITEM #5; APPROVE PRELIMINARY PLAT FOR THE VINEYARDS SUBDIVISION IF VARIANCE GRANTED:
The Motion was made by Tolsma and seconded by Yerrington to approve the Preliminary Plat
for the Vineyards Subdivision.
Motion Carried: All Yea:
ITEM #6: FINAL PLAT ON PHASE #I OF THE VINEYARDS SUBDIVISION:
Kingsford: Does the City Engineer have comments?
Engineer Smith: My concern is about access off of Cherry Lane Road , concerning left turn
on the west bound traffic into the subdivision. That is one concern we really couldn't
reach an agreement on because we really didn't have enough information on the development
plans.
Kingsford: Of course that is something that Ada County Highway District has to sign off.
The Motion was made by Tolsma and seconded by Myers to Approve the Final Plat on Phase 1
of the Vineyards Subdivision.
Motion Carried: All Yea:
ITEM #7: COVENANTS ON MERIDIAN MANOR #6: TABLED AT LAST MEETING:
Kingsford: We haven't received revised covenants on Item #6.
The Motion was made by Myers and seconded by Yerrington to table Meridian Manor #6
Covenants until the next meeting.
Motion Carried: All Yea:
ITEM #8: COVENANTS ON CRESTWOOD #5:
Engineer Smith: They make a comment that this continuance of the covenants from Crestwood
#3 to this subdivision #5 is because it's contiguous to..No.'_3, but it is not.
Crookston: There shouldn't be an incorrect statement in the covenants.
The Motion was made by Myers and seconded by Tolsma to approve of the Covenants on
Crestwood #5 provided that they strike the contiguous on Page 2.
AMBROSE,
FITZGERALD
&CROOKSTON
I111om ysn
Co wflm
P.O. Be. 477
MwwN , MNG
63647
T*Wpn 666-4461
0 9
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF MAX BOESIGER, INC.
FOR A VARIANCE FROM THE PRESSURIZED IRRIGATION ORDINANCE
AND FROM THE 70 FOOT LOT FRONTAGE ORDINANCE
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on March 20, 1990, at approximately 7:30 o'clock
p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the City Council having heard and
taken oral and written testimony, the City Council of the City of
Meridian makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled
hearing for March 20, 1990, the first publication of which was
fifteen (15) days prior to said hearing; that the matter was duly
considered at the March 20, 1990, hearing; that copies of all
notices were available to newspaper, radio and television
stations.
2. That notice of the public hearing is required to be
sent to property owners within 300 feet of the external
boundaries of the land being considered pursuant to 11-2-416 E.,
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 1
AMBROSE,
FITZGERALD
&CROOKSTON
AtI mays end
Ceonsslwe
P.O. Bos 427
Meddlm, Idsho
SM2
TNehI 88B44e1
0
11-2-419 D., and 11-9-612 B
1.b. of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement has
been met.
3. That Ordinance 5-144, PRESSURIZED IRRIGATION SYSTEM,
requires that every owner or developer of a residentially zoned
lot, parcel or piece of land upon which a residential unit is, or
will be, constructed, shall construct, install, or connect to a
pressurized irrigation system and that in the case of residential
subdivision developments the pressurized irrigation system shall
be installed at the same time as the domestic water system.
4. That Section 11-2-410 A, ZONING SCHEDULE OF BULK AND
COVERAGE CONTROLS, requires that lots zoned R-4 have a minimum
street frontage of 70.00 feet and in cul-de-sac lot that minimum
is determined at the setback line.
5. That the Applicant has requested that it be granted a
variance from the above two requirements and to be allowed to
defer a portion of the pressurized irrigation requirements by
installing "dry lines" at the present time but to defer
installation of the ability to provide water either through wells
or connection to Nampa & Meridian Irrigation District water
sources until the Applicant's fourth phase of the development is
commenced, which would not be until after approximately 85 to 90
lots have been developed; the Applicant has additionally
requested that it be allowed to have smaller lot frontages than
70 feet on some of the cul-de-sac lots within the proposed
subdivision and in the application sets forth those lots for
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 2
which the variance is requested.
6. The property in question is the N 112 and the NE 1/4 of
Section 11 T. 3N., R. 1W., Boise Meridian, Ada County, Idaho.
7. That the property is zoned R-4 Residential.
8. That Section 5-144, Pressurized Irrigation Systems,
authorizes the City Engineer to establish standards for
pressurized irrigation system; that at the present time those
standards have not been developed but those standards should be
forthcoming soon.
9. That one of the reasons put forth by the Applicant for
delaying implementation of the entire pressurized irrigation
system was to afford the City time and an opportunity to develop
standards for the irrigation systems; that the Applicant also
stated that it would be beneficial for it to wait to install the
water source part of the system until there were 85 to 100 users
of the system and that the Applicant's proposed source of the
water was at the southeast corner of the proposed subdivision
which is some distance frbin the initial phases of the
development; that the Applicant further stated that it had no
objection to the idea of the pressurized irrigation system and
that is why it was willing to install the "dry lines" at the
present time but wanted to defer the actual ability to provide
the water until additional phases had been developed.
10. That the Section 11-9-606 C., GUARANTEE OF COMPLETION
AMBROSE,
OF IMPROVEMENTS, provides that the City shall insure that public
°ITZGERAID
CROOKSTON
improvements are installed and requires that the City obtain
Counsel"
FINDINGS OF FACT & CONCLUSIONS OF LAW
P.O. BOX 421
owman, "w
Page - 3
9992
no 8994461
AMBROSE,
FITZGERALD
&CROOKSTON
AIlmeys eM
Cooneebm
P.O. Box 427
McM4n, Mtlho
SSM2
Telepn 6866-4Ml
0 0
financial guarantees for performance of the development
requirements and provides that a number of methods can be
utilized to meet those financial obligations.
11. That the requirement for pressurized irrigation systems
is relatively new; that one subdivision has, however, been
approved after the ordinance requiring pressurized systems was
effective and is in the process of installing such a system,
including the providing of the water to the lots.
12. That the Applicant did testify that he could install
smaller shallow wells to connect a pressurized system to each
phase of the development.
13. That the Applicant set forth as reasons for the lot
frontage variance that the lots were larger than many
subdivisions have and that they range in depth from 102 to 157
feet and testified that the culdesac lots in phase one of the
development would meet the 70.0 foot minimum lot frontage at the
setback line and that if the variance was not granted a few lots
would be lost.
14. That the property does have available to it water
rights in the Nampa & Meridian Irrigation District.
15. That there was no public comment or testimony submitted
in opposition to the variances at the public hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 4
IAMBROSE.
FITZGERALD
&CROOKSTON
Attorneys and
coweelore
P.O. Box 427
Meddlen, Idaho
83042
TsIeMolroee5ee61
E
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 has authority to grant variances pursuant
to Section 11-9-612 of the Development Ordinances and pursuant to
Section 11-2-419 of the Zoning Ordinance.
3. That the City Council has judged this application by
the guidelines, standards, criteria, and policies contained in
the Zoning and Development Ordinances and upon the record
submitted to it and the things upon which it may take judicial
notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing
within the City and the State.
5. That the following provisions of Section 11-9-612,
Variances, of the Development Ordinance are noted which are
pertinent to the Application and which are almost the same as
provisions in Section 11-2-419 of the Zoning Ordinance:
11-9-612 A. 1. PURPOSE
The Council, as a result of unique
circumstances (such as topographic
- physical limitations or a planned
unit development), may grant
variances from the provisions of
this Ordinance on a finding that
undue hardship results from the
strict compliance with specific
provisions or requirements of the
Ordinance or that application of
such provision or requirement is
impracticable.
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 5
AMBROSE,
FITZGERALD
&CROOKSTON
Allumerl u1E
C m,nMIm&
P.O. Box 427
MUMMn, maho
871147
T•Mon 88"01
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows, and those found in Section 11-2-419 C. are similar:
11-9-612 A. 2, FINDINGS
No variance shall be favorably
acted upon by the Council unless
there is a finding, as a result of
a publ is hearing, that al l of the
following exist:
a. That there are such special
circuinstances or conditions
affecting the property that the
strict application of the
provisions of this Ordinance would
clearly be impracticable or
unreasonable; in such cases, the
subdivider shall first state his
reasons in writing as to the
specific provision or requirement
involved;
b. That the strict compliance with
the requirements of this Ordinance
would result in extraordinary
hardship to the subdivider because
of unusual topography, other
physical conditions or other such
conditions which are not self-
inflicted, or that these conditions
would result in inhibiting the
achievement of the objectives of
this Ordinance;
C. That the granting of the
specified variance will not be
detrimental to the public welfare
or injurious to other property in
the area in which the property is
situated;
d. That such variance will not
violate the provisions of the Idaho
Code; and
e. That such variance will not
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 6
AMBROSE,
FITZGERALD
6 CROOKSTON
ANomsys and
conn..0M
0.0. Box 427
Mn10Nn, Who
04112
Telplwns SSB UI
the effect of nullifying the
est and purpose of this
Ordinance and the Comprehensive
Development Plan.
7. That if the variance regarding the pressurized
irrigation system were granted to the extent requested by the
Applicant there does appear to be a benefit or profit,
economic gain or convenience, to the Applicant over and above
what a previous developer was required to perform, and what
future developers will be required to perform as required under
the ordinance and that could give the Applicant an undue
advantage.
8. That regarding the variance request as it pertains to
the minimum lot frontage requirement it does not appear that
granting that variance would give the Applicant an undue
advantage over other subdivision developers and that smaller lot
frontages in relation to the size of the lots in the subdivision
is not out of the ordinary in modern day subdivisions.
9. That regarding Section 11-9-612 A. 2. regarding the
variance for minimum lot frontages it is specifically concluded
as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application of
the provisions of this Ordinance would clearly be
unreasonable in that the lots are larger than in many
subdivisions.
b. That strict compliance with the requirements of
this Ordinance would result in extraordinary hardship
to the owner, subdivider or developer as a result of
factors not self-inflicted.
C. That the granting of the specified variance would
not be detrimental to the public's welfare or injurious
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 7
AMBROSE,
FITZGERALD
B CROOKSTON
Attwmys and
Counsaim
P.O. Bos 427
MME1n, Ids"
83842
Telephone 411111,4451
0 0
to other property in the area in which the property is
situated.
d. That such variance would not have the effect
of altering the interest and purpose of this Ordinance
and the Meridian Comprehensive Pharr, or the
legislative intent and purpose of Idaho Code 67-6530
through 67-6532.
10. That regarding Section 11-9-612 A. 2. regarding the
variance from the pressurized irrigation system requirement it
is specifically concluded as follows:
a. That there are no special circumstances or
conditions affecting the property that the strict
application of the provisions of this Ordinance would
clearly be unreasonable. The subdivision has water
rights, is a residential subdivision. is being
developed after the effective date of the pressurized
irrigation ordinance, and one other subdivision has
been required to install all of the irrigation system
and future subdivisions will be required to meet the
terms of the ordinance.
b. That strict compliance with the requirements of
this Ordinance would not result in extraordinary
hardship to the owner, subdivider or developer as a
result of factors not self-inflicted.
C. That the granting of the specified variance would
be detrimental to the public's welfare or injurious to
other property in the area in which the property is
situated, in that the ordinance for pressurized
irrigation was passed so that residential lot owners
could take advantage of irrigation water that they
were already paying for and yet not receiving. That
the granting of the requested variance would delay the
eventual individual lot owners from receiving water
that they will be paying for.
d. That granting the variance would have the effect
of altering the interest and purpose of this Ordinance
but not of the Comprehensive Plan, or the legislative
intent and purpose of Idaho Code 67-6530 through 67-
6532.
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 8
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Coonselws
P.O. Bos 427
Maki e , Me&o
BW2
TelsPnone BBBdeB1
0 0
12. That it is concluded the Application should be granted
as it pertains to the variance from the lot frontage requirement
of 70.00 feet but the minimum lot frontage as measured at the
chord length of the radius of the culdesac shall be no less than
40.00 feet. That it is concluded that the Application should
not be granted as it pertains to the variance from the
pressurized irrigation system, however, the Applicant shall not
be required to install more than "dry lines" until the City
Engineer has prepared standards for pressurized irrigation
systems.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN YERRINGTON
COUNCILMAN GIESLER
COUNCILMAN MYERS
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
APPROVED:
FINDINGS OF FACT & CONCLUSIONS OF LAW
Page - 9
VOTED
VOTED
VOTED
VOTED
VOTED
DISAPPROVED:
I
MERIDIAN CITY COUNCIL MARCH 20, 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, Bob Giesler, Max Yerrington:
Members Absent: Bert Myers:
Other Present: Chet & Lorraine Hosac, Interwest Financial, K. Beumeler, Ann Peterson,
Gary Smith, Bill Gordon, Jim Johnson, Max Boesiger Jr., Max Boesiger Sr., Gary Lee, Rich
Allison, Jack Bruck, Jack Smith, Walt Morrow, Wayne Crookston:
The Notion was made by Tolsma and seconded by Yerrington to approve the Minutes of
the previous meeting held March 6, 1990 as written:
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: PRELIMINARY PLAT WITH VARIANCE REQUEST THE VINEYARDS SUBDIVISION:
Kingsford: At this time I will open the Public Hearing, if you wish to offer testimony
please step forward and be sworn.
Max Boesiger, 1399 E. Montery Drive, Boise, was sworn by the Attorney:
Boesiger: As far as the arterials of Linder & Cherry we intend to put in a landscaped
burm with a fence along those two arterials that would be maintained by the homeowners
association. 98% of the lots that lay within the project will actually front onto a
quiet private neighborhood street with very minimal traffic. We've reserved a 4 acre
section in the corner of this project for neighborhood service commercial shopping.
This property is being served by an irrigation ditch which makes it fall under the
Ordinance you have recently passed regarding delivery of irrigation to all lots in the
subdivision. We like yourconcept of requiring irrigation water to each individual lot.
First of all if we use a ditch for a source, as you know ditches are full of trash,
moss, etc. and all of these things are real nuisances for clogging sprinkler heads,
we anticipate that most of the houses will either right away or fairly soon hookup with
sprinkler systems. Another major problem with using ditches is that the water comes
into the ditch a month to late in the spring. The same thing happens in the fall.
It has been suggested by some that instead of using ditch water maybe we need to go to
shallow wells. The advantages to doing that would be number one it's not seasonal, the -
water is clean however, pumping from a shallow well is going to be more expensive of
course than water that gravity flows to the pressure system. Plus I don't know whether
pumping ground water would fit what your original intent of your ordinance was. I
believe what your original intent was to use the existing facilities of the ditch
irrigation systems that you have in existence now. We would also suggest that the
City fathers take a look at maybe hooking up a central system that runs off of the
City's dewatering wells that you have operating now. Because of these questions that
need to be addressed, we are asking for a variance to the Ordinance and all we are asking;
to do is to dry line in the irrigation pipe and go ahead and bury it, and put a stub out
to each lot until we really have the time that it's going to take to decide the direction
we are going to take on this.
MERIDIAN CITY COUNCIL
MARCH 20, 1990
PAGE #2
Another reason we would request this variance is our preliminary work engineering
tells us that we'll probably need if we use a centralized system for this whole
project, we'll probably need a 25 or 30 horsepower pump to run the whole system and
that pump can't operate very efficiently until it gets 75,80,90 lots on. Orginally
we also submitted a request for a Variance regarding the front widths on culdesac
lots. we would like to request a variance project. wide on the minimum 70 ft.
requirement for the cord length on a culdesac.
Tolsma: On the pressurized irrigation system, when did you, you requested a variance
against the pressure system -
Boesiger: No, all we are really asking for is to;goahead and dry line in the pressure
system, in other words bury the pipe but not actually create the source for the
pressurized system. The houses would have to operate on domestic water for awhile.
Kingsford: The thing that concerns me is that, the cross connection issue, if they
start out with a domestic system::they are going to be duplicating costs.
Boesiger: That's perhaps another good reason for the variance. I believe that there
is a good chance that many people will hook up to domestic water to save themselves
the hassle that will come about from using ditch irrigation water.
Tolsma: On the variance for the -width of the lots, you keep saying 40 feet do you
plan on putting the width of these culdesacs down to 40 feet?
Boesiger: The culdesac lot themselves the pie shape lots that I was talking about often
times are 40 ft. , certainly not 70.
Kingsford: Your not saying 40 feet at the set, back, you saying 40 ft. at the curb
or at the property line.
Boesiger: Yes, at the cord length.
Kingsford: As I look at Gary's notes, our engineer, he's talking about them ranging
from 50-65.
Boesiger: In our Phase I we did widen some of those out.
Kingsford: As we look at the irrigation system, how many lots are we talking about in
phase I?
Boesiger: Around 28. - - -
Giesler: I can't image it taking that long to work these problems out.
Boesiger: I agree we need to get on it right away, but we need to have those answered
before we can - we want to come up with the best system.
Giesler: Do you have any problems with putting a well in, if that's what comes about.
I think another thing that I see a problem with is in the ditches themselves, you're
talking a pretty high price home here so undoubtedly if these people are going to spend
that kind of money for a home their yards are going to be nice also. Is the constant
problem with weeds growing back in there from contamits in the - so I think that the
well is a real good way to pursue this.
MERIDIAN CITY COUNCIL
MARCH 20, 1990
PAGE #3
Boesiger: I agree with that to. I think it is the only practical solution at this
point. One thing we haven't done and we need to do is maybe on a community wide basis
we need to see how much money we are saving by pumping water from a shallow ditch as
opposed to using domestic water. At this point and time the Ordinance doesn't really
say or indicate to us how to go about it.
Giesler: One of the main reasons for the pressurized system was to take the burden off
of our water system. Another question I have is the amount of traffic in that area
with that amount of homes in that area on Cherry Lane and LInder.
Boesiger: I will direct questions like those to the engineer.
Kingsford: A couple of comments, one as you look at the numbers, domestic wells verses
what you do, whether it be out of the ditch or whatever, we are going to be looking at
higher prices as EPA and others are hitting us. It's a good point that the wells could
dry up.
Gary Lee, from JUB, 1990 Turnberry Way, Meridian, was sworn by the attorney.
Lee: Basically tonight I would just like to make a presentation on what the preliminary
plat consists of. The lot density is fairly low, it's 3.1 lots per acre. The improvements
that we are proposing will be tieing the sanitary sewer service to the existing trunk
facility that traverses along Nine Mile Drain, we will more than likely be tieing in in
more than one place depending on what the depths of the sewer will be. Explained
about the water system & fire hydrants. Cherry Lane and Linder will be widened a full lane.
There are no lots in Phase I that will be in violation of the Ordinance they will all have
the minimum 70 foot length at the setback line. The project will include City Street lights
throughout. The landscape buffer along Cherry Lane and along Linder we'd like to place
that in a seven foot easement that will be designated on the final plat and say future
road right -a -way, so ultimately there will be an available 40 feet for road right -a -ways
in those areas. In the meantime we will use that 7 feet for a landscape buffer.
Giesler: There was a concern about possible septic problems on Lot 6 & 7. Is that
a problem.
Lee: No, we've addressed that problem.
Giesler: It was brought up before about whether you knew the fence & burm could only
be 6 feet high.
Lee: Yes, we are aware of that problem and we are going to address thatinthe.landscape
scheme.
Kingsford: Gary you are aware of the City's requirement for that 40 feet from center line
on the section line.
Lee: Yes.
Crookston: What's going to happen when the roads widen what's going to happen to the
burm?
Lee: The fences will be put at the forty foot dimension.
MERIDIAN CITY COUNCIL
MARCH 20, 1990
PAGE RA
Kingsford: That concerning the burm being removed when the road is widened needs to be
identified on the plat. Is there anyone else who wishes to testify, if not I will
close the Public Hearing. Your talking 28 in first phase, how many in the second
phase.
Boesiger: We should average between 25 to 30 per phase. The reason we went for three
phases is to make that 25 hp. pump more effective. We like to be able to have 50 or 60
or more on before we fire it up, it would just make it alot more effective.
Tolsma: You stated also that you might put five wells in with 5 horse pumps.
Boesiger: That's just a idea that I threw out, that hasn't really been researched.
Kingsford: One thing we might take a look at is a smaller well, if you go to a ditch
you are going to be looking at -a month prior and month after in an irrigation ditch.
A smaller well might very well compliment your project.
Boesiger: Again, we need to dig into that.
Engineer Smith: At the present time the City of Boise has developed a task force
committee that is proposed of a number of different people. There is alot of interest
in using ditch water for the pressurized irrigation systems. This force is to
investigate the use of the water and to establish standards. I would think within
a year that there would be some kind of a decision made by the task force.
One of the things that former Councilman Morrow was interested in was utilizing the
water we have now instead of using our domestic well water.
Kingsford: The first thing that the Council needs to consider is that we are looking
at about 9 subdivisions, whatever is resolved here we are going to be asked for the
same thing. I will reopen the Public Hearing.
Max Boesiger Sr., 3710 Camborne, Boise, was sworn by the attorney.
Boesiger: I believe you understand we are going to install the system as we go along.
The best way to go about this is to study awhile longer. Our source is going to be
at the far end of this project. our next phases will be coming closer to the source
if we decide to go to the ditch water irrigation. The piping will work for either
system.
Crookston: The requirements for the pressurized irrigation system is under our water
Ordinances at the present time. Another thing that needs to be considered is if you
are going to grant a variance for certain amount of time it would be similar to granting
a variance to putting in roads, street lights or something like that. You need to address
some means to assure performance at the end.
Kingsford: I will close the Public Hearing.
The motion was made by Tolsma and seconded by Yerrington to have the attorney prepare
Findings of Fact and Conclusions of Law on this variance request for the lot frontage
and also for the water system.
Motion Carried: All Yea:
ITEM $2: FINAL PLAT ON LOCUST GROVE MANOR:
1�i
COMMENTS
1: City Engineer: See Attached:
2: Police Department: No Problems:
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3: Sewer Department: Does not effect Sewer:
4: Building Department: Lots would still be buildable if Variance Granted:
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CITY OF MERIDIAN
728 Meridian St. Meridian, ID 83642
VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance
NAME: Max A. Boesiger, Inc. PHONE 853-2001
Owner or holder of valid option
ADDRESS: 6479 Glenwood, Boise, Idaho 83703
GENERAL LOCATION• Southwest corner of N. Linder Road & W. Cherry Lane
LEGAL DESCRIPTION OF PROPERTY: See Attached Exhibit "A"
PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATIONL R-4
VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing
property lines, streets existing and proposed zoning and such other items
as the Mayor may require.
SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses
within contiguous to, directly across the street from, and within a 300'
radius of the parcel (s) proposed for a Variance must be attached.
(This information is available from the County Assessor.)
DESCRIPTION OF PROPOSED VARIANCE: (1) Deferral of a portion of the irrigation
system improvements; and (2) reduction in the minimum 70' lot frontage at the
20' setback line for the cul-de-sac lots.
Date
Recei
SIGNATURE:
CITY COUNCIL RECORDS
City Council Hearing Date
0 0
REQUIREMENTS: VARIANCE
Attach a site plan showing all details of the proposed
development, Complete the following questions and return
with the application.
1. What is intended to be done on or with the property?
(a) Construct balance of irrigation facilities in Phase 4
(b) Reduce some of the cul-de-sac lot frontages below standard
2. What special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and
which are not applicable to other lands. structures, or buildings
in the same district?
(a) Deferral of irrigation facilities would allow the City to develop
standards and policies for residential irrigation.
(b) Standard lot sizes average 10,000 s.f.; reducing the cul-de-sac
frontage requirement would keep these lots from becoming excessively large.
3. Why will a literal interpretation of the provisions of
this ordinance deprive you of rights commonly enjoyed by other
properties in the same district under the terms of this ordinance?
(a) Currently, there are no established standards or direction to
implement the new irrigation ordinance.
(b) A 70 -foot frontage on cul-de-sac lots would force the developer to
lose a number of lots to satisfy the requirement.
4. What special conditions or circumstances exist that were
not a result of your actions?
(a) We are one of the first developments to be sub.
irrigation requirement.
(b) We have elected to develop a subdivision which
than minimum lots to the public.
5. Why will the granting of this Variance not confer
any special privilege that is denied by this Ordinance to o
lands, structures, or building in the same district?
(a) Ultimately, during Phase 4, the subdivision will
irrigation system per the ordinance.
(b) Reducing the cul-de-sac lot frontage to the dime
reduce the lot area to less than 10,000 square feet. Therefc
buildable area would still be significant.
(SEE ATTACHED LETTER FOR FURTHER DISCUSSION)
Max A. BeesigerAnc,
General Conhador & Developer
February 8, 1990
Mr. Jack H. Niemann, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
171
OFFICE:
6479 GLENWOOD
BOISE, ID 83703
(208) 343.2001
RESIDENCE:
3710 CAMBORNE
BOISE, ID 83704
(208) 375-6239
Re: Request for Variances for THE VINEYARDS Subdivision at N. Linder Road and W. Cherry
Lane
Dear Mr. Niemann:
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
Variance Application and as submitted as a Preliminary Plat to the Planning and Zoning
Commission be given consideration for the variances as requested.
The 70 -acre parcel of land is situated at the southwest corner of N. Linder Road and W. Cherry
Lane and is bound to the south and west by the Nine Mile Drainage Ditch. it is currently
planned to be a residential subdivision known as THE VINEYARDS.
The present land use of the property is agricultural. The proposed land use will be residential
in accordance with the R-4 Zone Designation. It is the intent of the owner to develop
residential lots of substantial size. The average lot size will be 80' x 130'.
The variance request is in two parts: (1) a request is hereby made to defer the construction
of a portion of the irrigation system improvements; and (2) a request is hereby made to allow
smaller frontages for the cul-de-sac lots than the City's 70 -foot minimum at the 20' setback line.
The following is a discussion of each request:
(1) Since the requirement for a separate irrigation system is in its infant stage in the City of
Meridian, we propose that "dry line" irrigation pipes be placed in Phases 1, 2 and 3 of
THE VINEYARDS subdivision. At present count, this would include approximately 85 to
90 lots. When the fourth phase of development commences, we would propose to
construct an irrigation diversion structure, transmission pipeline and pumping facilities at
the southeast corner of the subdivision that will service the entire development.
The purpose of this request is that it would give the City time to evaluate and plan a City-
wide irrigation system that could ultimately be tied into THE VINEYARDS system. In
addition, since Phases 1 thru 3 are located a substantial distance from the source of
irrigation water, it would defer some of the required off-site improvement costs to Phase
4. Also, our Engineers have indicated that the irrigation system would function better with
85 to 100 users than during the early phases which would have a limited number of
users. Therefore, this request is more of a deferral of some of the required irrigation
improvements than one of a variance.
j(DIER2UNTE
BOISE
to
C M!
MERIDIAN
0 0
Mr. Jack H. Niemann, City Clerk
February 8, 1990
Page 2
(2) The second request for variance is a reduction in the required 70 foot frontage as
measured at the 20400t setback line for the lots shown on the previously submitted
Preliminary Plat of THE VINEYARDS and identdhed as follows:
N. Riesling Place: Lot 45, Block 2
N. Zinfandel Place: Lots 4, 5, 6, & 7, Block 2
" Lots 50, 51, 52, & 53, Block 4
N. Cabernet Place: Lot 4, Block 1 and Lots 70, 71, & 72, Block 4
N. Moselle Place: Lots 88, 89, 90, & 91, Block 4
N. Claret Place: Lots 105 & 107, Block 4
As shown on the Preliminary Plat, the above identified lots are all cul-de-sac lots. Each lot is
quite large, as indicated, with areas exceeding 10,000 square feet. Typically, the deeper into
a cul-de-sac lot, the wider it becomes. These lots range in depth from 102 feet to 157 feet.
Being in the subdivision development business for a number of years, we believe that the
typical home builder can construct a sizeable home on these lots as planned without being
hindered by the narrow lot frontage. In addition, the developments in the Boise City area will
allow lot frontages as small as 30 feet.
Also, our Engineers have commenced the Phase I subdivision design at this time. As you are
aware, certain fine tuning of the lot configurations can be accomplished in the final stages. As
an example, the lots on N. Zinfandel have been modified to meet the current City requirement
for a 70 -foot minimum lot frontage at the setback line. Please note, however, that it may not
be possible to modify all lots to meet the current standard. As such, our request for a variance
is still valid.
If this variance is not granted, we, as the developer, would be forced to lose a certain number
of lots to maintain our original concept plan of larger lots. It would also force the cul-de-sac
lots to be exceptionally large, typically 13,000 to 15,000 square feet.
The owners hereby state that payment of all costs incurred by the City in processing the
variance request including engineering, publication and attorneys fees will be paid in full by
MAX A. BOESIGER, Inc. 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.
We appreciate the opportunity to submit this Variance Request. Thank you for your
consideration.
Respectfully Submitted,
MAX A. BOESIGER, Inc.
Max A. Boesiger, Jr.
J -U -B ENGINEERS, INCO 250 South Bwhwood Avenue, suite I — Boise, idiho 830
Project: 18018
Date: January 18, 1990
DESCRIPTION FOR
THE VINEYARDS, A PROPOSED SUBDIVISION,
A PORTION OF THE N 1/2 NE 1/4, SECTION 11,
T.3N., R.I.W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land lying Northerly and Easterly of Ninemile Creek right-of-
way in the N 1/2 of the NE 1/4 of Section 11, T.3N., R.1W., B.M., Meridian, Ada
County, Idaho and more particularly described as follows:
Beginning at the Northeast corner of said NE 1/4 of Section 11;
thence South 0'36'33" West 1,284.49 feet along the Easterly boundary of
0 said N 1/2 of the NE 1/4 of Section 11, which is also the centerline of N. 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 89'55' West) 25.00
feet along 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 said N 1/2 of the NE 1/4 of Section 11, to a point on the Westerly right -of-
Oway line of N. Linder Road, also said point being the REAL POINT OF BEGINNING;
thence continuing North 89'22'22" West (formerly described as South 89'55'
West) 2,004.61 feet along a line 40.00 feet Northerly of and parallel with said
Southerly boundary of the N 1/2 of the NE 1/4 of Section 11 to a point;
thence North 70'00'22" West 231.75 feet (formerly described as North 70'44'
East 231.3 feet) along said Northeasterly right-of-way line of Ninemile Creek
to a point;
thence North 31'09'16" West 664.74 feet along the Northeasterly right-of-
way line of Ninemile Creek (formerly described as North 31'49' West 662.9 feet)
N] to a point;
11J( thence North 15'16'53" West 88.42 feet (formerly described as North
15'54'30" West 88.3 feet) along said Northeasterly right-of-way line of Ninemile
Creek to a point;
thence North 0'35'48" East 523.83 feet (formerly described as North 0'00'
East 523.00 feet) to a point on the Southerly right-of-way line of W. Cherry Lane
Road, said point being South 89'33'47" East 33.00 feet and South 0'35'48" West
25.00 feet from the Northwest corner of said NE 1/4, Section 11;
thence South 89'33'47" East 1,567.94 feet along said Southerly right-of-
way line of W. Cherry Lane Road, also said right-of-way line being 25.00 feet
Southerly of and parallel with the Northerly boundary of said NE 1/4, Section
11 to a point;
thence leaving said Southerly right-of-way line of W. Cherry Lane Road South
0'43'50" West 195.08 feet to a point;
J -U -B ENGINEERS. INA 2W South Saaehwoad Avenue, Suite 1 — Bobo, Idaho 8J•
Project: 18018
Date: January 18, 1990
Page: 2 - Description for The Vineyards, A Proposed Subdivision
thence South 89'33'47" East 131.62 feet parallel to said Northerly boundary
of the NE 1/4, Section 11 to a point;
thence North 0'26'13' East 195.08 feet to a point on said Southerly right-
of-way line of W. Cherry Lane Road;
thence along the Southerly right-of-way line of W. Cherry Lane Road along
the following courses and distances:
South 89'33'47" East 410.15 feet to a point;
thence South 83'51'09" East 251.25 feet to a point;
0 thence South 89'33'47" East 210.16 feet to a point;
thence South 47'50'00" East 18.09 feet to a point of intersection of the
Southerly right-of-way line of W. Cherry Lane Road and the Westerly right-of-
way line of N. Linder Road;
O thence South 0'36'33" West 193.15 feet along said Westerly right-of-way line
of N. Linder Road to a point, also said right-of-way line being 40.00 feet
Westerly of and parallel with said Easterly boundary of the NE 1/4, Section 11;
thence South 89'23'27" East 15.00 feet to a point 25.00 feet Westerly of
said Easterly boundary of the NE 1/4, Section 11;
pthence South 0'36'33" West 1,029.17 feet along said Westerly right-of-way
line of N. Linder Road to the point of beginning, comprising 70.51 acres, more
or less.
SUBJECT T0:
All easements or rights-of-way of record or appearing on the above described
parcel of land.
Prepared by:
J -U -B ENGINEERS, Inc.
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THE VINEYARDS
ADJACENT PROPERTY OWNERS WITHIN 300'
First Church of Christ, Inc.
P. 0. Box 671
Meridian, ID 83642
Phone: 888-3101
Lee R. Stucker, et al
2695 W. Cherry Lane
Meridian, ID 83642
Phone: 888-3553
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
Idaho Properties Investment Co.
c/o Edward L. Bews
5204 Sorrento Circle
Boise, ID 83704
Phone: 375-4341
Dwight L. Potts
2461 Rebecca Way
Meridian, ID 83642
Phone: 888-6602
David C. and Donald Allen
Trustees for Cora C. Allen
P. 0. Box 57
Meridian, ID 83642
No Listing
Cherry Lane Baptist Church of
Meridian, Idaho, Inc.
P. 0. Box 583
Meridian, ID 83642
Phone: 888-4189
Glenn and Mildred Nyborg
1660 W. Cherry Lane
Meridian, ID 83642
Phone: 888-9692
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: 888-4673
Northwest District of Lutheran Church
Missouri Synod
1406 W. Cherry Lane
Meridian, ID 83642
Phone: 888-1622
Alex P. and Caryl Ann Hugo, at al
1602 Todd Way
Meridian, ID 83642
Phone: 888-3496
Herman D. and Gay L. Cornell
P. 0. Box 551
Meridian, ID 83642
No listing
George Edward Vajda
G Vajda & Company
Room 826
Hibiya Park Bldg. 8-1
Yuraku-Cho 1-Chome
Tokyo, Japan
D. Dwain and Judith J. Gugin
1692 Todd Way
Meridian, ID 83642
Phone: 888-3990
Robert D. and Fern C. Hoke
1704 Todd Way
Meridian, ID 83642
Phone: 888-1524
Bruce S. and Susan A. Loop
1440 Elm Place
Meridian, ID 83642
Phone: 888-6828
0 0
Richard E. and Cheryl A. Hartley Jack A. and Aria M. Vanpaepeghem
1508 Elm Place 2835 N. Meridian Road
Meridian, ID 83642 Meridian, ID 83642
Phone: 888-5162 Phone: 888-2947
Donald D. and Kathy L. Haumann and
Dennis W. Ragsdale
Dean M. and Eda A. Nelson
10 Alamo Lane
1516 Elm Place
Meridian, ID 83642
Meridian, ID 83642
No listing
Phone: 888-9124
Jerald 0. and Billie A. Peck
Michael W. and Kay E. Vergason
1409A Maple Avenue
1526 Elm Place
Meridian, ID 83642
Meridian, ID 83642
Phone: 888-5557
No listing
Chris N. and Ida K. Peterson
Martin J. and Kathleen L. Knight
1535 Northgate Avenue
1534 Elm Place
Meridian, ID 83642
Meridian, ID 83642
Phone: 888-4174
Phone: 888-6424
Barry D. and Marva Mitchell
Stubblefield Development Co.
1527 Northgate Avenue
P. 0. Box 327
Meridian, ID 83642
Meridian, ID 83642
Phone: 888-4183
Phone: 888-1202
Ronnie E. and Cindy L. Taylor
Arnold H. Stubblefield, et al
1519 Northgate Avenue
P. 0. Box 327
Meridian, ID 83642
Meridian, ID 83642
Phone: 888-5486
Phone: 888-1202
George L. and Thelma W. Custer
Penny A. McCathron
1511 Northgate Avenue
1533 Elm Place
Meridian, ID 83642
Meridian, ID 83642
Phone: 888-9200
Phone: 888-6710
Ronald J. and Mary J. Santi
Robert Walter and Sharon Rose Blauvelt
1503 NorthgateAvenue
1525 Elm Place
Meridian, ID 83642
Meridian, ID 83642
Phone: 888-0022
Phone: 888-5319
Ray A. Carnahan and
David R. and Cindy L. Hemry
Glenda J. Crossley
1515 Elm Place
1530 Northgate
Meridian, ID
Meridian, ID 83642
Phone: 888-7513
No listing
Calvert T. and Bette Jo Berryman
1507 Elm Place
Meridian, ID 83642
Phone: 888-3431/888-3432
E. Dwight and Janette R. Snodgrass
P. 0. Box 11254
Meridian, ID 83642
No listing
Samuel C. and Connie J. McEvoy Kenneth V. and Carolyn J. Wood
1439 Elm Place 1538 N. Linder Road
Meridian, ID 83642 Meridian, ID 83642
Phone: 888-9721 Phone: 888-5894
0
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 (Jr.) and Laurie A. West
1539 W. 15th Street
Meridian, ID 83642
Phone: 887-4812
Carl J. and Norma M. Clausen
N. Linder Road
Box 118
Meridian, ID 83642
No listing
0
TO
®J -U -B ENGINEERS. INC.
250 South Beechwood Avenue, Suite I
Boise, Idaho 83709
Phone (208) 378-7330
CIrJ or r-AF-r.IoIAN
33 C. / u A t -lo
mGff-l✓0/A)lj rn.
*TER OF TRANSMITTAL
DATE '1 (� PROJECT NO.
PROJECT NAME THE %/IvII<yltHcP-S
ATTENTION:
RE:
GENTLEMEN: Imo/
WE ARE SENDING YOU O ATTACHED ❑ UNDER SEPARATE COVER VIA
❑ SHOP DRAWINGS ❑ PRINTS ❑ PLANS ❑ SAMPLES ❑ SPECIFICATIONS
Irl Q '0? A.%,
THE FOLLOWING ITEMS:
THESE ARE TRANSMITTED AS CHECKED BELOW:
❑.,IFFOOR APPROVAL El AS REQUESTED ❑ RETURNED FOR CORRECTIONS
BAFOR YOUR USE ❑ FOR REVIEW AND COMMENT
❑ FOR BIDS DUE , 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
Lei- ^e Ar—')g 90ti heed
IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE.
COPY FOR
SIGN
DATE
PLEASE SIGN, DATE AND RETURN WHITE COPY
COPIES
DATE OR NO.
DESCRIPTION
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THESE ARE TRANSMITTED AS CHECKED BELOW:
❑.,IFFOOR APPROVAL El AS REQUESTED ❑ RETURNED FOR CORRECTIONS
BAFOR YOUR USE ❑ FOR REVIEW AND COMMENT
❑ FOR BIDS DUE , 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
Lei- ^e Ar—')g 90ti heed
IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE.
COPY FOR
SIGN
DATE
PLEASE SIGN, DATE AND RETURN WHITE COPY
OPTION AGREEMENT
THIS AGREEMENT is made and entered into this �-7 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 DAVIS and GWEN DAVIS, husband and wife, herein
referred to as "Smith/Bews/Davis," and MAX A. BOESIGER, INC., an
Idaho corporation, herein referred to as "Boesiger."
The parties agree as follows:
A. Smith/Sews/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/Sews/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
N0/100 DOLLARS ($1,000.00) to the escrow holder on or before
November (IPI 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/Bews/Davis
shall pay any such levy, assessment or taxes and present a
bill to Boesiger. If Boesiger fails to reimburse
Smith/Bews/Davis 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 Smith/Bews/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/Sews/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
0
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.
Upon the release of the final parcel, the balance of the purchase
price of TWO HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED AND
SEVENTY-FIVE DOLLARS ($232,575.00) shall be paid in full.
8. INTEREST. The sum of TWO HUNDRED arok--TWO THOUSAND
FIVE HUNDRED AND SEVENTY-FIVE DOLLARS ($,M575.00) 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/Bews/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/Bews/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.
. Smith/Sews/Davis agree to pay
12. REAL ESTATE COMMISSION
N THOUSAND SEVEN HUNDRED
a total real estate commission of ELEVE
FIFTY DOLLARS ($11,750.00) which shall be paid from the proceeds
FIthe release of the first parcel(s) paid for and released under
of reement. The parties agree that forty
the terms of this Option Ag
(40) percent M of this
commission shall go to Art Davis &
of this commission shall
Associates, and sixty (
60) percent ($)
le R. Cobbs of Idaho Properties.
be paid to Ly
I
OPTION AGREEMENT - Page 5
RHG9/c7b/111089
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:
In the case of Smith/Sews/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
/' L-tE-Z:0
W. BURTON SMITH
LA RENE SMITH
EDWARD L. BEWS
SHIRLEY G. BEWS
"Smith/Bews/Davis"
MAX A. BOESIGER, INC., an Idaho
corporation
OPTION AGREEMENT - Page 7
RHG9/cjb/111089
STATE OF IDAHO )
ss.
County of Ada )
On this -?o 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 VaYNE
Will,
I have hereunto set my hand and seal the
day anacknowledgment first above written.
5 -
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.
Is
•c0�G
o
C-
:3 C
"s> O
A-
Nota y Public f r Idaho
••/iy
5,
Resi ' ng at Bo se, Idaho
off fossils,
My Commission Expires :A//50-
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.
Is
•c0�G
o
C-
:3 C
"s> O
A-
OPTION AGREEMENT - Page 8
RHG9/cjb/111089
Nota Public fot Idaho
Residi at Boiqb , Idaho
My Commission Expires: ;7y 3
STATE OF IDAHO )
. ss.
County of Ada )
On this �50 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.
day
IN WITNESS WHEREOF, I have hereunto set my hand and seal the
and year in this acknowledgment first above written.
�,.auun,,.,
.\ASO N ••,
_U tiP v Q=
4 O
Z Z Plb q�r
STATE OF IDAHO )
. ss.
County of Ada )
Resi&, r.g at Bois*, Idaho
My Commission Expires: 8��
On this -k) �A day of November, 1989, before me the
undersigned No ary Public, personally appeared x 4 1qh Pc a P r dr,
.
who is the Vie e, :-;c/2p ,7' of MAX A. BOESIGER, INC: 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 written.;
1 11
Resding at Boise,'IdaW
My ommission Expiresf'
OPTION AGREEMENT - Page 9
RHG9/cjb/111089
BENGINEERS, Inc. eSouMBeKeweeeAvenue. Suite I,Boise. menoti'..09
Project: 8858
Date: June 29, 1983
PARCEL II - 10.00 ACRES
DESCRIPTION FOR
IDAHO PROPERTIES INVESTMENT COMPANY
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.1W., B.N., 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 0036133" West 662.24 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 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 89033147" 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 89033147" 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 0026,13" West 269.25 feet to.a point;
thence South 89°33147" 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.
��EZED 14
O
852
flE \04
c O4 oy
RODE!""'.
FidG, LR/ JDC:dp Gary L. Rodenspiel, L.S.
N0TE: Survey data of the above written description was taken from data of
record and calculated data and not from an -actual field survey.
:J-(-I� ENGINEERS, 171C. 0S..1h8.... A"..s.0e1.8«*. W
Project: SS58
Date: June 29, 1983
PARCEL I - 13.00 ACRES
DESCRIPTION FOR
IDAHO PROPERTIES INVESTMENT COMPANY
A PORTION OF THE N 1/2 NE 1/4, SECTION 11,
T.3N. , R.N. , B.M. ,
ADA COUNTY, IDAHO
A parcel of land lying in the N 1/2 of the 14E 1/4 of Section 11, T.3N. ,
R -1W., B.M., 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 0036133" 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°22922" West (formerly described as South 89055' West)
25.00 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 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 BEGINIIING;
thence continuing North 89022122" West (formerly described as South
89055' West) 1,616.36 feet along a line 40.00 feet Northerly of and parallel
with the said Southerly boundary of the N 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 B9°33147" East 1,617.41 feet along a line Southerly of and
parallel with the Northerly fit of -way line e said Linder E 1/4 of Section 11 to a
point on the said Westerly rig right -of -
0°36'33" West 352.91 feet along the said Westerly
thence South 3.00 acres,
wav line of Linder Read to the point of beginning, comprising
more or less. PYepared by:
Inc.
Rodensplel, L.S.
Gafy L
was taken
above en descr' . on ,I. Y-
a
written field s` ve
GLg JD�:vP e actu
µ'riGi data Of the not from an
5ur•.eY ated data and
MOTE: d and c'Icul
recor _
from data of
i! GINEERS, Inc. •S,"m e.etn.Oae Awnua. Suds 1. Sme.lda 43700 •
Project: 8858
Date: June 29, 1983
PARCEL III - 3.58 ACRES
DESCRIPTION FOR
IDAHO PROPERTIES INVESTMENT COMPAN
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.M., 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 8903314711 West 2,622.49 feet along the Northerly boundary of
the said NE 1/4 of Section 11, 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 8903314711 East 33.00 feet (formerly described as North 890411 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 003514811 West 548.83 feet (formerly described as South 0°00'
East 548.00 feet) feet along the said Easterly right-of-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 1501615311 East 88.42 feet (formerly described as South
15`54'30" East 88.3 feet) along the Northeasterly right-of-way line of Ninemile
Creek to a point;
thence South 3100911611 East (formerly described as South 31°491 East)
456.59 feet along the •said Northeasterly right-of-way line of Ninemile Creek
to a point, also said point being the REAL POINT OF BEGINNING;
thence continuing South 3100911611 East (formerly described as South
31'49' East) 208.15 feet along the said Northeasterly right-of-way line of
Ninemile Creek to a point;
thence South 7000012211 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-way' line of Ninemile
Creek;
thence South 89022'22" East (formerly describe3 as North 890551 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 NE 1/4 of Section 11, to a point;
thence North 0°26'13" East 256.17 feet to a point;
Jeh:ENGINEERS, Inc. 0,,,„, »�,..nw. Suite 1. Bos e. loom-S57M
Project: 8855
Date: June 29, 1983
'Page: 2 - Parcel III - 3.58 Acres - Idaho Properties Investment Company
thence North 89033147" 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 ENGMEERS, Inc.
C lF o' \�
RODE�S2
HWG/GLR/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/ e --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 TWENTY FIVE THOUSAND AND N0/100
DOLLARS ($25,000.00) to Dyer through the escrow holder on January 15,
1990, and a second payment of TWENTY FIVE THOUSAND AND N0/100 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
extent attributable to any period of time after, /
1990 or
t. 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 HUNDRED THOUSAND
AND N0/100 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.
0
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 a deed conveying the 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 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 N0/100 DOLLARS ($9,000.00) per
acre, plus accrued interest, for the option property purchased. The
FIFTY THOUSAND AND N0/100 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 N0/100 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 N0/100 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 N0/100 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 N0/100 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 AGREEMENT - page 4
12. REAL ESTATE COMMISSION.
0
Dyer agrees to pay Idaho Properties
Real Estate, Inc. a total real estate commission of TWENTY FOUR
THOUSAND AND N0/100 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
�J
16. BINDING EFFECT. The Agreement shall be binding upon the
heirs, administrators, executors, successors and assigns of the
respective parties hereto.
. n1 A. Dyer
MarMarr
, omi �D er
MAXy', NNa A. tMnFSIGER, INCA
by:
Its
5
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 Repres-
entative for Mary Naomi 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 Pubiic tor Idah , Residing at
Boise, //Idaho, My commission expires:
STATE OF IDAHO)
)ss.
County of Ada )
On this l�day of January, 1990, efore me, the undersigned Notary
Public, personally pearedQ. v�. ;�U- 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.
Not ry Public for Idaho,.,Residing at
Idaho. My commis ion expires:
/_2 . / 9 9 U_
OPTION AGREEMENT - page 6
EXHIBIT "B" Dyer/Boesiger
O
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March 6, 1990
Max A. Bosiger
MABCO
6479 Glenwood
Boise Idaho 83703
Dear Mr. Bosiger;
AND DYNAMICS
L.,4n1Yff*= a w6AL esrAW CCAMULTMM
499 Main Street
Boise, Idaho 83702
(208) 336-8299
Attached is the report requested regarding the commercial potential
of lands located at the southwest corner of Linder and Cherry Lane.
After review of the area, the transportation system, and
demographic information, we have concluded the site is an excellent
location for commercial/office development. The area is rapidly
growing, which will assure the need for continued neighborhood
office and commercial uses. The site is located in the center of
its trade. The intersection of Linder and Cherry Lane is the
dominant intersection in the northwest portion of Meridian. It
provides both excellent neighborhood access and also inter -county
access. It will continue to play a major transportation role in
this area.
We have reviewed the Meridian Comprehensive Plan and have found
that the site could meet the intent and purpose of the plan. This
area of..Meridian is growing in a well planned fashion. Your
project should compliment Meridian's goal of clustering commercial
development with controlled access, parking, and complimentary
design elements. The proposal would not be considered strip
commercial, but a planned center.
Please feel free to contact me if you need any further information,
or if you have any questions. Good luck on your project.
Sincerely;
;r0i 8 Korte X*
COMMERCIAL ANALYSIS
SOUTHWEST CORNER OF
LINDER AND CHERRY LANE
FOR
MAX A. BOSIGER CO.
PREPARED BY
LAND DYNAMICS
MARCH 1990
SPECIFIC REQUEST
Max A. Bosiger company is in the process of planning a residential
Planned Unit Development (PUD) within the Meridian Urban Service
Planning Area. The site is located at the southwest corner of
Linder Road and Cherry Lane Road. It is contemplated that a
portion of the development would involve a small commercial center,
approximately 4 acres in size. This center would be at the
southwest corner of Linder and Cherry Lane.
The scope of the request is to:
A. Review existing and potential land development in the
area.
B. Determine the viability of the subject site for commercial
development.
C. Review existing commercial sites in the area.
D. Analyze the request in relationship to the Meridian
Comprehensive Land Use Plan.
E. Make recommendations regarding site design.
The concept is to develop a small neighborhood center at the corner
of two major streets. It is contemplated that users could be, day
care, convenience commercial, office, medical, dental, restaurant,
video, and other neighborhood commercial/office uses. The center
would be constructed as a planned unit with combined access points,
common landscaping and parking areas. It would be designed to
permit subdividing but would still be controlled as a common
project. EXHIBIT 1, attach to this report is the type of concept
proposed for the site. The site could contain approximately 30,000
sq. ft. of space. The actual square footage would be based on
specific users.
3
CONCLUSIONS
CONCLUSION: All of these factors indicate that the area is a
desirable place to live and will assure that future development
will continue in this area.
CONCLUSION: The site is located at a strategic intersection. Both
Linder and Cherry lane play a major role in moving traffic, both
within the community, and to other portions of the county. Current
improvements at the intersection are adequate for commercial
development.
CONCLUSION: The northwest portion of Meridian is growing at a
fairly rapid pace. There is ample vacant land to assure that this
growth will continue. The subject site is located near the center
of the majority of this new growth. making it easily accessible.
CONCLUSION: The subject site is located in the center of its trade
area. No physical constants exists that would prevent easy access
to the site from its trade area.
CONCLUSION: An adequate population base exists in this area for
the continuation of commercial uses.
CONCLUSION: The area around the subject site has great growth
potential. All trends indicate future development will continue.
CONCLUSION: The subject site is at the corner of two major
streets. Traffic improvements have already been made at the
intersection to assure safe and convenient access.
CONCLUSION: The trade area is not currently over developed with
commercial uses. Ample vacant land and growth potential assures
the need for future commercial uses.
CONCLUSION: The subject site can meet the intent and purpose of
the Meridian Comprehensive Plan Commercial Policies for a
neighborhood activity center.
CONCLUSION: The request for rezone can meet all the findings for
approval listed in Section 2-416k of the Meridian Zoning Ordinance.
GEOGRAPHIC LOCATION
The site is located in a growing portion of the Meridian urban
area. Surrounding lands are in transition from agricultural to
single family subdivisions. The general area is becoming a major
residential community. The site is located approximately 1.5 miles
from downtown Meridian. Growth patterns show a continuation of
westward and northwestward growth from the central district of
town.
The flat terrain, is relatively easy to develop. Existing roads,
are in place that provide good movement to all portions of the
county. The area has central sewer, water, police and fire
protection. Neighborhood schools are integrated into the
community.
CONCLUSION: All of these factors indicate that the area is a
desirable place to live and will assure that future development
will continue in this area.
TRANSPORTATION
The site is located at the intersection of two major roads. Both
Linder and Cherry Lane are designated as Minor Arterials. Minor
Arterials function as major traffic routes to other portions of the
community and county in general.
Cherry Lane is a continuation of Fairview Avenue. This provides
a major link to downtown Meridian and Boise. This will assure that
it plays a major role in future traffic movement in the
northwestern portion of the Meridian urban area. 1987 traffic
counts, west of Linder Road, were at 4,254 trips per day. This
indicates the existing road network is functioning as a major
arterial_ Cherry Lane has been fully improved to a 5 lane standard
through the intersection with Linder. This includes curb, gutter,
and sidewalk.
Linder Road also plays a mayor role as an arterial. It is one of
the few arterial streets that crosses the Boise River. This
provides for major access to the northern portion of Ada County.
Currently the bridges are restricted due to their age. The Ada
County Highway District indicates Linder will continue to be a
major access across the river. The bridges will be upgraded as
funds become available. Linder will continue to play a major
transportation role in this portion of the Meridian urban area.
1987 traffic counts on Linder, south of Cherry Lane, were 3,587
trips per day. This is an indication that Linder is currently
functioning as a major transportation system.
4
The intersection of Linder and Cherry Lane is signalized with
protected left turn lanes. The intersection is fully improved
approximately 200 feet back from the intersection in all
directions. This includes curb, gutter, sidewalks with 5 traffic
lanes. Curb cuts have been established at the subject site to
permit access. All these improvements assures that proper traffic
control facilities are currently in place to accommodate more
intense land uses.
CONCLUSION: The site is located at a strategic intersection. Both
L nddeer and Cherry lane play a major role in moving traffic, both
within the community, and to other portions of the county. Current
improvements at the intersection are adequate for commercial
development.
LAND USE TRENDS AND PROJECTIONS
A land use survey of the area indicates that the pattern of single
family residential development has been set for this portion of
Meridian. This pattern conforms with the goals of the City for
expanded development within their Urban Service Planning area.
There is a trend for development along Cherry Lane, east of the
site, for uses other than residential. This is a logical trend due
to the intensity of traffic on Cherry Lane. West of Linder, land
use patterns have not been established, though proposed
subdivisions will establish more of a residential pattern. This
pattern is more consistent with the Meridian Comprehensive plan
goals of discouraging strip commercial uses.
Fairly rapid population growth has taken place in northwestern
Meridian. 1988 population estimates for this area indicated 5,700
people live north of West Pine Avenue and west of Meridian Road.
This compares to a 1980 population of 4,086. This represents a
28.4% growth rate over the 8 year period, or an average annual rate
of 3.55%. The 1980's were a period of slow growth in Ada County.
Existing growth may be exceeding this average. In some portions
of this area the growth rate has exceeded 8* per year. Persons per
household is one of the highest in all of Ada County with some
regions averaging 3.25 people per household. Approximately 3,200
people live within 1/2 mile radius of the site. This represents
over 55% of the population in this section of Meridian.
A substantial amount of vacant land also exists in the northwestern
area of Meridian. It is estimated that approximately 1,200 acres
of vacant land is available for development. (north of West Pine
extended) If fully developed at, 3.4 units per acre, this area
could absorb an additional 4,300 houses or 11,100 additional
People. A build out population would equate to 15,100eo le.
If past growth rates continue, (3.55$ per year), this area will
increase by approximately 2,500 people over the next 10 years to
E
a population base of over 8,000 people. If current growth trends
continue this figure may be exceeded. EXHIBITS 2 and 3 represent
the statistical information used to generate this information.
Maps 1 and 2 show the traffic zones and vacant land map used to
generate the data.
The subject site is situated in the center of this growth area.
A substantial amount of the growth will occur within 1/2 mile
radius of the Linder and Cherry Lane. Thus, this site will be well
located to serve the growing neighborhood.
CONCLUSION: The northwest portion of Meridian is growing at a
airly rapid pace. There is ample vacant land to assure that this
growth will continue. The subject site is located near the center
of the majority of this new growth. making it easily accessible.
POTENTIAL
Numerous factors are involved in determining whether a site is
viable for commercial development. The major factors are:
Type of center
Geographic location and Trade area
Population base
Growth potential
Accessibility
Competition
Other factors such as utilities, parcel shape, and buying power are
also considered. The specifics of these items depends upon the
detail of the analysis. This report is not intended to be an
extensive detail marking study.
TYPE OF CENTER: The type of center will drive the other criteria
for locating and developing a commercial project. A regional
shopping center will have much different criteria then a
convenience center. What is proposed for the site is a
neighborhood center meeting the needs of the neighboring residence.
Thus, it will serve a smaller area than a community center or a
large neighborhood center containing a major grocery/drug store.
GEOGRAPHIC LOCATION AND TRADE AREA: A commercial center should be
located in the center of its trade area. People who use the
development typically live within a five to ten minute driving
time. Other users include pass -by traffic. Typically, the user
lives within a mile to 1.5 mile radius of the site. This radius is
effected by physical barriers that may hinder accessibility. This
could include rivers, freeways act. No physical barriers effect
the subject site. Due to the limited size of this center, the
trade area would be smaller. Probably on the range of 1/2 mile to
1 mile.
0
CONCLUSION: The subject site is located in the center of its trade
area. No physical constants exists that would prevent easy access
to the site from its trade area.
POPULATION BASE: Differing types of centers need differing
population basis to assure the buying power is available. Studies
in the Boise area indicate that at major grocery/drug store need
a population base of approximately 7,000 people per store. A
center as proposed is not near the magnitude of that kind of
center. Currently there is approximately 3,200 people within a 1/2
mile radius of the site. Over 6,000 people live within a 1.5 mile
radius.
CONCLUSION: An adequate population base exists in this area for
the continuation of commercial uses.
GROWTH POTENTIAL: A key to success of a center is the potential
for future growth in its trade area. Areas of stagnant or
declining growth should be studied very closely before committing
to a project. The subject area has a large base of vacant
developable land available. It has been growing at a rapid rate.
There is no indication that this trend will change. There is
enough vacant land available to assure that major shopping centers
will be needed in the future.
CONCLUSION: The area around the subject site has great growth
potential. All trends indicate future development will continue.
ACCESSIBILITY: Access to a center is critical to its success. No
matter how well it is located or how big the demand is, if you
can't easily access the site, it is not a viable site. -Most
planning standards encourage commercial uses be placed on the outer
edge of the residential areas where it can be served by a major
transportation artery. The street and curb cuts should be designed
to assure ease of access but without adversely effecting the
traffic patterns.
CONCLUSION: The subject site is at the corner of two major
streets. Traffic improvements have already been made at the
intersection to assure safe and convenient access.
COMPETITION: Competition is a key element in locating a commercial
center. If the area contains a large amount of existing commercial
uses, detail studies should be done to determine if there is room
in the market place for additional commercial development.
A site survey of the area indicates that there is not an over
abundance of commercial/office uses in the trade area. In fact
there is only one convenience market serving the entire northwest
area of Meridian. That market is not located in the geographic
center of the trade are nor is it located at the junction of major
7
street systems. The existing uses are not located within planned
commercial centers where adequate traffic control and design
standards can be placed to assure safe access or compatibility to
surrounding uses. Existing population and future growth is
inevitable in this area, assuring a competitive market place.
CONCLUSiON: The trade area is not currently over developed with
commercial uses. Ample vacant land and growth potential assures
the need for future commercial uses.
8
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POPULATION CHANGES
Population
7,000 r---
6,000
Ozo
3,000
2,000
1,000
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1980 TO 1988
BY TRAFFIC ZONE
TZ 225 TZ 226 TZ 230 TZ 231 TZ 232 TOTAL
Traffic Zones
® 1880 Population ■ 1988 Population
Based from APA dem gmpMC data
EXHIBIT 3
COMPLIANCE WITS
MERIDIAN COMPREHENSIVE PLAN
AND ORDINANCES
Though a specific use may meet all criteria for location under
private market and trade conditions, it must be assured that the
proposal conforms with the local goals of the community. These
goals and policies are located in the City's Comprehensive Land
Use Plan and Zoning Ordinances.
The Northwest portion of the Meridian Urban Service Planning area
is growing in a very orderly fashion. Subdivisions are well
designed, major transportation systems are being planned and
developed as growth occurs. The concept of neighborhood schools
is being well integrated into the community. The advantage of
large land parcels help assure that well planned projects are being
created.
Most commercial uses are clustered into major centers. There is
Pressure to strip develop Cherry Lane, east of Linder Road. This
should be of some concern as this strip development has caused
major problems in Boise. Fairview avenue is an example.
This section of the report will analyze the request in relationship
to the policies of the Meridian Comprehensive Plan and associated
ordinances. Section 2-416 K of the Meridian Zoning Ordinance lists
the series of findings of fact that should be answered in granting
a change of zone. Based on this section of the ordinance the
following findings and conclusions are made.
1. THE NEW ZONING WILL BE HARMONIOUS WITH AND IN ACCORDANCE WITH
THE COMPREHENSIVE PLAN.
The definition of a NEIGHBORHOOD in the Meridian plan is:
"The neighborhood is a residential area with uniformh
characteristics of a size comparable to that usually served
by an elementary school or a small business convenience center
or local park. Although neighborhoods occur in various shapes
and sizes, a section of the City measures one-half to one -and -
one -half miles across is usually used for planningpurposes.
It has facilities within easy walking distances and provides
the basis for community identification."
FINDING: The subject site is in the center of the growing
northwest neighborhood of Meridian. It is easily accessible to its
residents. The intersection of Linder and Cherry Lane provides a
basis for community identification.
ECONOMIC POLICY 5 STATES:
9
"Stripping of industrial and commercial uses are not in
compliance with the Comprehensive Plan..."
FINDING: The request is not considered strip commercial
development. It is clustered at the intersection of two major
streets, will have common access points and common design themes.
The development of the residential subdivision to the west will
help assure that strip commercial uses do not continue on Cherry
Lane, west of Linder.
ECONOMIC POLICY 6 STATES:
"It is the policy of the City of Meridian to support shopping
facilities which are effectively integrated into existing
residential areas, and pian for new shopping centers as growth
and development warrant."
FINDING: The clustering of commercial uses at the intersection
assures that commercial development will be integrated into the
neighborhood. Both existing population and future growth indicated
that additional commercial/ office use will be needed in this area.
ECONOMIC POLICY 8 STATES:
"The City of Meridian intends to establish Commercial
Development Design Guidelines which:
a. Provide for the grouping of commercial buildings on
a single parcel of land in such a manner as to create a
harmonious, efficient and convenient retail shopping
environment;
b. Assure safety and convenience of traffic movement
both within the Activity Center and in relation to
adjacent access thoroughfare;
C. Foster compatible land use and design within the
development and with contiguous developments; and
d. Encourage innovations in building design and land
development techniques, so that the growing demands of
the community are met, while at the same time providing
for the most beneficial use of such lands."
FINDING: The subject site will group buildings on to a single,
planned, parcel of land with common parking, landscaping, and
compatible building design. The site will provide convenient and
safe access to the street system through combined planned access
points. The existing street system is designed to accommodate such
a use. Because the owner will be developing the neighboring
10
subdivision, the city can be assured that a quality designed
project will take place.
ECONOMIC POLICY 10 STATES:
New commercial developments should consolidate access points
(curb cuts), on-site parking, and internal vehicle
circulation, ...."
FINDING: The request will consolidate curb cuts, share parking,
and create a safe internal circulation system compatible with the
public street system.
THE "COMMERCIAL ACTIVITY CENTERS" SECTION OF THE PLAN ON PAGE 20
STATES:
"In all cases, the location of Commercial Activity Centers
should be guided by performance and development standards.
these standards should consider, among other aspects:"
"Traffic Volume, Trip Generation and Impacts on Arterial
Street Systems:" A use of this nature will generate
approximately 3,000 trips per day, under full
neighborhood development. A substantial portion of these
trips will be "trapped" from the existing flow of
traffic. The street system has been designed to
accommodate this type of traffic.
"Proximity to Other Commercial Development:" The closest
commercial development of any magnitude is located at
Cherry Lane and Meridian Roads, 1 mile to the east of the
site. No comparable commercial center exists in the
growing northwest region of Meridian.
"Impacts on Neighboring Residential Areas:" The proposed
site is not located within existing residential
subdivisions. It will not cause and increase in traffic
on residential streets. Its location on the edge of the
subdivisions will assure that commercial impacts will not
encroach into residential areas.
"Accessibility of Site:" The site is at the intersection
of two fully improved major streets. These street serve
not only the neighborhood but other areas of the county.
Thus, it is strategically located and very accessible.
"Parking Demands" The development will meet the parking
requirements of the Meridian ordinances. This parking
will be on site and not on public streets. Controlled
access points will assure compatibility with the street
system.
11
Pedestrian Circulation" The clustering of uses in one
center will assure good pedestrian circulation between
users.
"Available Utility Systems:" The site is in the Meridian
Urban Service Planning Area and all services will be
available.
"Aesthetics:" Detail building plans are not currently
available as the tenant mix is not determined. Covenants
for building in the center will be created to assure
compatibility. This is very important because the
developer will want to protect the investment he has in
the neighboring residential project.
"Use Impacts Upon Other Adjacent Uses:" Currently the
other three corners are vacant. One residential
subdivision does exist to the southeast. Adequate design
and landscaping will be provided to buffer this use from
neighboring residential uses.
"Internal Circulation Design:" Details of this finding
can only be made at the detail planning stages. The
integration of this site with common parking landscaping
and access will assure good circulation and design.
"Drainage:" Drainage will be addressed at the final
design stage.
COMMERCIAL CENTER POLICY 1 STATES:
"Neighborhood Shopping Centers, rather than strip commercial
development, shall be provided for convenience shopping
services:"
FINDING: The proposal would not be considered strip commercial
development as the uses are clustered and have common services and
access points.
COMMERCIAL CENTER POLICY 2 STATES:
Neighborhood Shopping Centers should Locate:
a.) Near, but not necessarily at, the intersections of
collectors and/ or arterial roads;
b.) Within planned residential developments, when they
are an integral port of the original development plan;
and
c.) At no more than one corner of an intersection."
12
FINDING: The site is located at the intersection of two major
streets. It is very beneficial to located the use at the
intersection due to the ease of accessibility and the fact that the
corner is not a desirable place to build residential uses. The
request is part of a large single family subdivision be developed
to the south and west of the site. Currently there are no
commercial developments at the intersection of Cherry Lane and
Linder Road.
NEIGHBORHOOD COMMERCIAL CENTER POLICY 3 STATES:
"Neighborhood commercial developments within residential
planned -unit developments should not necessarily have to meet
all of the standard commercial policies"
FINDING: The request is part of a large residential planned unit
development.
NEIGHBORHOOD GOAL ON PAGE 38 OF THE PLAN STATES:
"The location of proposed neighborhood -size shopping centers
should be adjacent to arterial or collector streets. Then
adequate access can be provided to the centers, therefore,
serve large portions of the population. The access points
into the center should be enough distance apart to prevent
traffic congestion and accidents on the adjacent streets."
FINDING: The site is located at the intersection of two major
streets and access will be controlled to protect through traffic
movement.
CONCLUSION: The subject site can meet the intent and purpose of
the Meridian Comprehensive Plan Commercial Policies for a
neighborhood activity center.
W
2. IS THE AREA INTENDED IN THE ZONING AMENDMENT INTENDED TO
REZONED IN THE FUTURE; The site conforms to the policies of the
Meridian plan and should be rezoned for commercial uses.
3. IS THE AREA INCLUDED IN THE ZONING AMENDMENT INTENDED TO BE
DEVELOPED IN THE FASHION THAT WOULD BE ALLOWED UNDER THE NEW
ZONING; Yes, the site is now vacant and would be developed for
commercial/office uses.
4. HAS THERE BEEN A CHANGE IN THE AREA OR ADJACENT AREAS WHICH MAY
DICTATE THE SITE SHOULD BE REZONED; Yes, the street system has
been widened to a standard that will accommodate the intended use.
The area is growing at a rate that additional commercial/office
uses will be needed. The corner is not well suited for single
family use due to the ever increasing amount of traffic.
5. WILL THE USE BE DESIGN TO BE HARMONIOUS IN APPEARANCE WITH THE
EXISTING CHARACTER OF THE AREA; Yes, adequate design standards
will be developed for the project to assure it is compatible with
other existing and planned uses. This is very important as the
land to the west will be developed by the same owner who must
assure compatibility.
6. WILL THE PROPOSED USE BE HAZARDOUS TO EXISTING OR FUTURE
NEIGHBORING USES; No, the adjacent uses are vacant lands. Design
and use standards must be such that they will be harmonious to the
adjacent development being planned by the same developer.
7. WILL THE AREA BE SERVED BY ADEQUATE PUBLIC SERVICES; Yes, the
site is in the Meridian Urban Service Planning area. All urban
services can be made available. The street system is designed to
handle the expected traffic load.
S. WILL THE REQUEST CREATE EXCESSIVE ADDITIONAL REQUIREMENTS AT
PUBLIC COST. No.
9. WILL THE PROPOSED USE INVOLVE USES DETRIMENTAL TO ANY
PERSONS...; No, the intent is to develop a neighborhood
commercial/office center that will serve the needs of the growing
community.
10. WILL THE ARE HAVE VEHICULAR APPROACHES TO THE PROPERTY THAT
WILL NOT CAUSE INTERFERENCE WITH TRAFFIC ON PUBLIC STREETS; Yes,
the site will be planned with common curb cuts and shared parking.
11. WILL THERE BE A LOSS OF NATURAL OR SCENIC FEATURES; No, there
are know known natural or scenicfeatures on the site.
14
12. IS THE PROPOSED ZONING AMENDMENT IN THE HEST INTEREST OF TME
CITY OF MERIDIAN. Yes. The development of the site conforms to
the development goals of the city. It will provide for
neighborhood uses adjacent to the neighborhood. It will increase
employment and provide increased tax base for the city. At full
development the site should generate $27,200 in yearly tax revenues
to local government. ($1,722,000 value with a mill levee of .0158)
CONCLUSION: The request for rezone can meet all the findings for
approval listed in Section 2-416k of the Meridian Zoning Ordinance.
15
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