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HomeMy WebLinkAboutWelker Subdivision RZi • CITY COUNCIL JUNE 5, 1990 The regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Present: Clark Clough, Roy B. Johnson, D'Arlene Stutzman, Paul Stutzman, William Crowe, Kevin Robertson, Jim Johnson, Gary Fors, Terry Smith, Jim Titmus, Gary Smith, Dave Turnball, Jack Smith, Moe Alidjani, Candy Tipton Wayne Crookston: MINUTES OF THE PREVIOUS MEETING HELD MAY 15, 1990: The Motion was made by Giesler and seconded by Tolsma to approve the Minutes as written: Motion Carried: All Yea: Kingsford: Read a Proclamation declaring June 23, 1990 as Paint the Town Day. ITEM #1: REZONE REQUEST BY BOESIGER, INC.: TABLED AT LAST MEETING: Kingsford: We received a letter requesting that this be continued pending Planning and Zoning's amending the Comprehensive Plan, I have talked with Crookston and I understand that those Findings of Fact and Conclusions of Law are being prepared on that subject and that we don't have a definite time frame that that will hit the City Council although I anticipate that they will look at those Findings at next week's meeting, then being forwarded to us for the first meeting in July or later. The Motion was made by Tolsma and seconded by Yerrington to table this rezone request by Boesiger until the next meeting. Motion Carried: All Yea: ITEM #2: PRELIMINARY PLAT ON MALLARDS LANDING: TABLED AT LAST MEETING: Tolsma: The problem that we had with that was on the Waltman lane Extension? Eng. Smith: I have since reveiwed our existing water system in that area and I think we don't have a problem serviceing the 89 lots that are being proposed on this preliminary plat with our existing system. I intend in the near future working out some kind of an agreement with a consulting engineering firm to investigate the capacity of our overall water system in the City of Meridian. The Motion was made by Tolsma and seconded by Myers to approve the Preliminary Plat on Mallards Landing: Motion Carried: All Yea: ITEM #3: ORDINANCE #533: .REZONE OF SHARON OLSEN PROPERTY: Kingsford: Read - AN ORDINANCE AMENDING ADID CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A TRACT OF LAND WHICH IS PART OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORWEST 1/4 OF SECTION 12, ALL IN SECTION 12, 'TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN CITY COUNCIL JUNE 5, 1990 PAGE 2 Kingsford: Is there anyone that would like Ordinance #533 read in its entirety? There was no response. The Motion was made by Giesler and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 533 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; 2blsma - Yea: Motion Carried: All Yea: ITEM #4: ORDINANCE #534: REZONE PROPERTY FOR CAPITAL DEVELOPMENT, DUNTEN SUBDIVISION: Kingsford: Read - AN ORDINANCE AMENDING AND CHANGING THE ZANING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF SECTION 1, T. 3N., R. 1 W., BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFF~TIVE DATE. Kingsford: Is there anyone from the public who would like Ordinance #534 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 534 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #5: APPROVE PRELIMINARY PLAT ON DUNTEN SUBDIVISON, IF ORDINANCE APPROVE: The Motion was made by Tolsma and seconded by Myers to approve the preliminary plat on Dunten Subdivision. Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENT BY ALBERTSON'S, INC.: Kingsford: I will open the Public Hearing, is there anyone present who would like to offer testimony on this issue? Myers: Could you explain for the public what this request is. Kingsford: In Commerce Industrial Park which is just outside the City limits just on the east side of Eagle Road. Albertson's Sundry's has been operating there and they want to expand on those lots the interior lot lines have a recorded 10' easement, Albertson's wishes to expand their operation occupy another lot and vacate the easement along that interior boundary. The Motion was made by Myers to approve this request, Kingsford: we need to back up, I don't believe that I closed the Public Hearing, so I will do so now. First Motion was withdrawn. The Motion was made by .Myers and seconded by Tolsma to approve this request for vacation of easement by Albertson's Inc.. ORDINANCE NO.~:~J• AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A TRACT OF LAND WHICH IS PART OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, ALL IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from (R-4) Residential District to (R-15) Residential District for the land described in Section 1 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property, which is described as follows: A TRACT OF LAND WHICH IS PART OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, ALL IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULAR DESCRIBED TO WIT: BEGINNING AT A POINT S. 0°15 3/4' W., 756.25', FROM THE NORTH 1/4 SECTION CORNER Of SECTION 12, POINT BEING THE NW CORNER OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO; THENCE S. 48°07' E., 165.43 FEET TO A POINT; AMBROSE. F1T2GERALD 8 LROOKSTON Anorn.,..nE GOUnMI°n R.O. b. X27 WrW4n, INKo !Jl~2 yplwns MB.U6t THENCE S. 24°14' W., 116.64 FEET TO A POINT; THENCE N. 65° 30 3/4' W. 83.43 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE N. 89°41 1/4 W. 35.23 FEET TO A POINT; i i i THENCE N. 15°15 3/4 E. 93.93 FEET TO A POINT ON A CURVE; THENCE CURVE TO THE LEFT ALONG A CURVE HAVING A RADIUS OF 790.00 FEET, A TANGENT OF 23.79 AND A CORD BEARING NORTH 1~ 32' 17" EAST 47.55 FEET; THENCE N. 0°15 3/4' E. 45.66, TO THE INITIAL POINT OF THIS DESCRIPTION, CONTAINING .42 AC., MORE OR LESS. be, and the same is hereby rezoned from (R-4) RESIDENTIAL DISTRICT to (R-15) RESIDENTIAL DISTRICT, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. That the development of the property and the construction of dwellings thereon is subject to Design Review. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and appro~~ed by the Mayor of the City of Meridian, Ada County, Idaho, this ~ day of~~ Yom, 19 9 0 . ~-~ " APPROVED: yd~~ ~? ~~p~~~ -- F.N -'K ~~~- AMBROSE, FIRGERALD i CROOKSTON r~ it Ano.n.r. nw ~ Ownwlon v.o. eo. ~7T iMrI0Nn, 1°No 1.'1612 ATTEST: - '~ _ . ~~ i o..~-~ CI Y' CL RI(, -- CK N EMANN .i~ • • STATE OF IDAHO,) County of Ada, ) ss. I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled, "AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A TRACT OF LAND WHICH IS PART OF LOT i IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, ALL IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. ~_ by thCe~ City Council and Mayor of the City of Meridian, on the `~ day of -~u.~~,-°tl~D- 1990, as the same appearsars in my oo fice. DATED this ~ day o~ n~~- 1990. City uierx; Ada County, AMBROSE. FRZGEHALD B CROOKSTON Atlonl,y, AnU GounMloro STATE OF IDAHO,) ss. County of Ada, ) er On this 11 day of June 1990, before me, the undersigned, a Notary Pu6Tic. in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,`,~~~.~~GE L. Ca~, c (SEAL) ~ ~t ~pTA/~y et`P"_ ieY A G k. c w ` ry Puoiic~-ror iaano ding at Meridian, Idaho cn::r:ission expires 4/°/93 P.O. Boa ~ ,„rW1~n,l0,ho B36I4 TWDNOriaMM~bl NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on May 15, 1990, for the purpose of reviewing and considering the Application of Sharon Olsen, to rezone a parcel of land in the 1400 Block of West 8th Street, Meridian, Ada County, Idaho, from R-4 Residential to R-15 Residential to allow a multi-family dwelling units. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. DATED this 24th day of April 1990. AMBROSE, FITZGERAID B CROOKSTON Attorneys and CoOneelon P.O. Boz <27 Nerl0lan, Idaho 8384 .- MERIDIAN CITY COUNCIL MAY 15, 1990 PAGE #6 ITEM #3: PUBLIC HEARING: RE7ANE REQUEST BY SHARON OLSEN: Kingsford: i will open the Public Hearing at this time, is there anyone that would like to offer testimony? Bill Mitchell, 1413 W. 7th, was sworn by the attorney: Mitchell: Three things I wish you would take into consideration. One being the location of the driveway into this property, second concern is putting a forty foot building about eleven feet from my back fence, my final concern is about the upkeep of the building. Kingsford: A single family dwelling can beat that same height. Anyone else to testify? Vern Lowe, 1425 W. 7th, was sworn by the attorney. Lowe: Units like this don't really bring a family type atmosphere to an area that is family homes. This creates problems for the neighbors that live close like I do. It is kind of an invasion of privacy. If another one is approved I'm afraid that it will bring in undesirable rentals. I have nothing against Sharon she went in there years ago and she cleaned the place up and it looked like it was going to be well maintained and taken care of, no matter how good of a landlord you are you can't descriminate against the ones that do want to rent. Giesler: is there just a chain link fence behind this development? Lowe: My home hasa chain link fence and I put in pickett stakes 6' high. Giesler: Is there any fence behind the other developments that are taking place. Lowe: No. Duane Olsen, 2621 Autumn Way, was sworn by the attorney. Olsen: I represent the people accusing people of other people being less desirable. I have two daughters that have only been married a few years and they plan on living in these apartments. Sharon has contributed alot to that neighborhood. She is a good landlord and I do resent people referring to people that have to rent as being undesirable. Kingsford: Anyone else from the public, seeing none I will close the Public Hearing. Giesler: I had a questions of Sharon Olsen. Was the sidewalk going to stay in there? Kingsford: I will reopen the Public Hearing at this time. Sharon Olsen, 807 E. Washington, Boise, was sworn by the attorney. Olsen: Yes. Giesler: That is going to go beside the driveway that you have proposed. Olsen: That is a proposed plan. I think it would be alot better if the drive did come in from the other side of the property. .' MERIDIAN CITY COUNCIL MAY 15, 1990 PAGE #7 Giesler: I would hate that walkway get blocked off. Clerk Niemann: It's a permanent easement. Kingsford: In Mr. Mitchell's letter it spoke of parking behind the unit, is that stil your plan? Olsen: No. Kingsford: That has changed? Olsen: Yes, it has. Kingsford: How do you plan to deal with the power poles and that sort of thing? Olsen: It was all marked on the proposed site plan. Giesler: I don't believe ACHD's comments were in for P & Z, do you have any problems with those comments? Discussion. Tape on File. Kingsford: Is there anyone else who would like ito offer testimony, being no response I will close the Public Hearing. Giesler: This is a very tough decision. I do feel for the rest of the neighbors having something that large being build next to them. The Motion was made by Giesler and seconded by Yerrington to approve of the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Tolsma to draw up the Ordinance with the stipulation that it have design review. Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: PRELIMINARY PLAT ON MALLARDS LANDING: Kingsford: I will open the Public Hearing, is there anyone who would like to offer testimony? Gary Fors, 843 Lilac, was sworn by the attorney. Fors: I haven't seen the final plat on this phase. The one concern that I have is the traffic pattern, they will have to come out onto Linder Road. `` ~ADA CO~TY HIGHW~( DISTRICT 318 EAST 37TH STREET BOISE. IDAHO 83774 Inter-Department Correspondence Ada County Highway District Commission To: Date: March 29, 1990 From: Development Services ~ ~~ L~ `o Subject: MERIDIAN - REZONE NW 8TH MULTI-FAMILY UNITS y\ (Sharon M. Olsen, 807 E Washington, Boise ID 83712 - 336-0189) FACTS & FINDINGS: 1. Sharon M. Olsen requests a rezone which, if approved, would allow multi-family unite. 2. NW 8th is designated a collector street on the .1995 Urban Functional Street Classification Map requiring 60-feet of right-of-way. and con- struction to a 41-foot back-to-back street section with 3 traffic lanes. NW 8th Street has 80-feet of right-of-way (which is adequate), and is fully improved with a 49-foot street section without sidewalk. If the rezone is approved and development proceeds, the District will. pro- vide the following requirements to Meridian Planning 6 Zoning as conditions for compliance. SITE SPECIFIC REQUIREMENTS: 1. Provide 5-foot wide sidewalk along NW 8th abutting parcel. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Obstructions (utility facilities, irrigation and drainage appurte- nances, etc.) shall be relocated outside of the proposed street improve- ments. Authorization for relocations shall be obtained from the appro- priate entity. MERZDIAN.O1/ZTR. 4-OS-90 . f ~ Meridian Rezone • NW 8th Multi-Family Unit• March 29, 1990 Page 2 4. Existing irrigation and drainage systems shall be continued across parcel. 5. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 6. Site drainage plane showing that storm runoff will not flow into public right-of-way shall be submitted for review and appropriate action by ACHD, in compliance with Boise City Code 11-3-54 and ACRD policy. 7. Design data for proposed access to public streets shall be provided for review and appropriate action by ACHD. 8. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 9. Aright-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with .zoning file number) for details. 10. A request for modification, variance or waiver of .any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the Priginal Co Such aion action. The request shall include a statement ex laining why a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: John R Stolley P.E. 4-05-90 MERIDIAN.O1/ZTR. SPECIAL P & Z MEETING APRIL 23, 1990 PAGE # 2 Item #3: Findings of Fact & Conclusions on Rezone Request by Sharon Olsen: Chariman Johnson: You have all read the Findings, are there any questions or coirtnents? There were none. The Motion was made by Hepper & seconded by Alidjanithat the Meridian Planning & Zoning Coinnission hereby adopts & approves the Findings of Fact & Conclusions as prepared: Notion Carried: Roll Call Vote: Hepper, Yea: Shearer, Yea: Alidjani, Yea: The Motion was made by Hepper & seconded by Shearer that the Meridian Planning & Zoning Cannission hereby reoaRnends to the City Council of the City of Meridian that they approve Rezone requested by the Applicant for the property described in the application subject to the conditions stated herein. Notion Carried: All Yea: Item #4: Findings of Fact & Conclusions on Variance & Conditional Use Permit for Nadine Miller & Beth Biddick: Chairman Johnson: Any questions of the Manbers on these Findings? There were none. The Motion was made by Alidjani & seconded by Shearer that the Meridian Planning & Zoning Catmission hereby adopts & approves the Findings of Fact & Conclusions as prepared:: Notion Carried: Roll Call Vote: Hepper, Yea: Shearer, Yea: Alidjani, Yea: The Motion was made by Alidjani & seconded by Shearer that the Meridian Planning & Zoning Crnmission hereby recamrnds to the City Council of the City of Meridian that they approve the Conditional Use Permit & Variance requested by the Applicant for the property described in the application, subject to the conditions stated herein & recam~ends that the City Council investigate the status of the access to Finder Road ca:ment by the Ada County Highway District: Notion Carried: All Yea: Itan #5: Findings of Fact & Conclusion on Rezone Request for Capital Develognent: Chairman Johnson: Msnbers you have read the Findings, are there any questions or camtents? There were none: The Motion was made by Alidjani & seconded by Shearer the the Nlexidian Planning & Zoning Crnmission hereby adopts & approves the Findings of Fact & Conclusions as prepared: Notion Carried: Roll Call Vote: Hepper, Yea: Shearer, Yea: Alidjani, Yea: The Notion was made by Alidjani & seconded by Shearer the the Meridian Planning & Zoning Camti.ssion hereby recamiends to the City Council of the City of Meridian that they approve the rezone requested by the Applicant for the property described in the application, subject to the conditions stated herein. Notion Carried: All Yea: NOTICE OF NEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on April 10, 1990, for the purpose of reviewing and considering the Application of Sharon Olsen, to rezone a parcel in the 1400 Block of West 8th Street, Meridian, Ada County, Idaho, from R-4 Residential to R-15 Residential to allow a multi-family dwelling units. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be tak n and is welcome. v DATED thi~5/day o€-- /Na/~ 1990. JACK NIEMANN,/CITY CLERK AMBROBE, FITZGERALD B CROOKSTON Attorneys end G0Un9Bl0r! P.O. Box 42] Merldlen, Ida~a 83642 Telap~one BBB-/IBt ' ' ,~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SHARON OLSEN REQUEST FOR REZONE 1400 BLOCK OF WEST 8TH STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing April 10, 1990, at the hour of 7:30 o'clock. p.m., the Petitioner appearing in person, and the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT ~zo~~~ 1. That a notice of public hearing on the •&e~rdra-1 AMSROSE, FITZGERAID AporRh'~uW DOUnNIOn P.O. Bow /27 ~sa>~mit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 10, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 10, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 1 Meridian and is described in the application, which description is incorporated herein as if set forth in full and is across from the Meridian Middle School on West 8th Street; the property is presently zoned R-4 Residential and is and has in the past been vacant ground and a back yard; the proposed use of the property as stated in the Application is to construct an eight-plex multi-family structure but which the Applicant reduced to a six-plex structure. 3. That some of the surrounding property is zoned R-4 Residential, however there has been a rezone of the property to the south to R-15 and there are presently located multi-family structures on that property and there are other apartment complexes along West 8th Street; the Meridian Middle School is across 8th Street from the subject property. 4. The Applicant requests that the property be rezoned from R-4 Residential to R-15 Residential. 5. That the property is contained in the WARRIOR AMBROS E, flTZG ERALD B CROOKBTON A~~Onroy! NO CqunNlonl MaN01an, IGNo 6'f B,4 neighborhood as designated on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; neighborhoods are defined in the Plan at Page 6 and states as follows: "Definition: The neighborhood is a residential area with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one-half to one-and-one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 2 C~ • 6. That the R-15 Residential District is described in the i Zoning Ordinance, 11-2-408 B. 3 as follows: (R-15) Medium Hi h Density Residential District: The purpose o the (R-f5) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 7. That the uses proposed by the Applicant of a six-plex are allowed in the R-15 District. 8. That the property is a parcel of ground that is approximately .42 acres in size. 9. That the property can be connected to City sewer and water and those services are available. 10. That West 8th Street is not presently designated as a AM BROSE, F1T2GERALD 6 CRO0KSTON Attomsys Ntl DOUn,Blon P.O. Box 12] Msrltllur, IOMo BJMZ collector or arterial street but it does have a 60 to 66 foot right-of-way which meets the criteria of a collector street and it is if fact one of the principal transportation arteries in the Warrior Neighborhood and does channel traffic into a principal arterial, Cherry Lane. 11. That there was one person, Sherry Mitchell, who presented testimony at the public hearing objecting to the proposed use; the objection was not to the proposed use of apartments but to the height of the proposed apartments, that FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 3 ~\ being two story units; she did not have objections to one story units; she also wanted to make sure that the foot path adjacent to the subject property was maintained. There was also a letter submitted in objection to the Application from Mr. Mitchell which was substantially the same objection as presented by Mrs. Mitchell. 12. That comments were submitted by the City Engineer, Nampa & Meridian Irrigation District and may be submitted by the Ada County Highway District; those comments are incorporated herein as if set forth in full herein. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant AMBROSE, FITZG ERALD d CROOI(STON Attomaya and COUnaalOra P.O. Boa /2T MarIENn, IEMo B3BI1 Tabpllona BBB~/81 ~oning amendments and rezones pursuant to Title 67, Chapter 65, Idaho Code, and pursuant to 11-2-416 of the Revised and Complied Ordinances of the City of Meridian, Idaho. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the. City and state. 4. T`at the City of Meridian has authority to place FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 4 conditions upon granting a zoning amendment. 5. That the City has judged this Application upon the basis of guidelines contained in Section 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is in the WARRIOR neighborhood which is designed for residential uses and a mix of those uses and a rezone of the subject property is in line with that designation. (c) The area included in the zoning amendment was not intended to be developed in the future in the fashion that would be allowed under the new zoning but the recent rezoning of adjacent parcels and the location of the property near the school and open areas associated therewith indicate the new zoning would not be contrary to the allowed uses in the area and would be in line with existing developments in the area. (d) The road, 8th Street is wide which tends to dictate that the area may lend itself to be rezoned. AM BROSE, FITZGERALO B CROOKSTON Attorneys ~nE Counselors P.O. Box s2T MsrlElen, IOSNo 83812 TsNpNOne l88~1.181 (e) That the property should be designed and constructed to be harmonious with the surrounding area, and such is a requirement and condition of the FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE - 5 ~~ i • • rezone. j (f) The proposed uses would not be hazardous or disturbing to the existing or future uses of the ~ neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community but should ~ in fact be beneficial. (i) The proposed uses will not involve any detrimental activity to any person's property or the general welfare. (j) Development would not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. i I 7. That the comments submitted by the Nampa & Meridian Irrigation District, the Ada County Highway District, and the City Engineer as incorporated herein and shall be a requirement for the rezone. 8. That all applicable fire, life safety, building codes, and other codes and regulations and all of the ordinances of the City of Meridian shall be met prior to occupancy and thereafter. 9. That the development of the property and the AMBROSE, construction of the dwelling shall be subject to Design Review. FITZGERALD 6 CROOKSTON Ancmers .~a FINDINGS OF FACT AND CONCLUSIONS OF LAW Coonasiora PAGE - 6 P.O. Box u7 MsNOlan, MMo B3N3 T~NP~~e BB&M61 __ ~ i \. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Hepper Commissioner Rountree Commissioner Shearer Commissioner Alidjani Chairman Johnson (Tie Breaker) DECISION AND RECOMMENDATION Voted Voted~~ Voted Voted Voted The Meridian Planning and Zoning Commission hereby AMBROBE, EITZGERAID 6 CROOKSTON recommends to th City Council of the City of Meridian that they approve the ~ -~"'--"-°-~ilit requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: APPROVED: DISAPPROVED: ANOmsys ane FINDINGS OF FACT AND CONCLUSIONS OF LAW G°"n..lUn P A G E - 7 v.o. Bo.+xzr MwlEl.n, IWho lxMz iNpKOns BBB-N61 MERIDIAN PLANNING b ZONING APRIL 10, 1990 PAGE l15 Alidjani: Exactly how far away are you from this Shelter Home? Rath: We are three houses down on Law[idale. Johnson: Anyone else present who wishes to testify? Jerry Mortinson, 4045 Green Meadows Drive, was sworn by the Attorney. Mortinson: I have an Insurance Agency right next door to this location. I feel that the traffic has never been a problem to me. I have been there about 10 years and I arrive at work anywhere from 7:30 to 8:15 A.M. This is a Commercial Site. I think it would be a great addition and I would like to see it receive the Use Permit and the Zoning. Rountree: Do you access your property off of Cherry Lane or off of Crestmont? Mortinson: Off of Crestmont. Crookston: Are there irrigation facilities on your lot or on the subject property? Mortinson: No. Johnson: Anyone else from the Public? Being no response, I will close the Public Hearing. Incidentally, Item #9 has been cancelled. Rountree: It seems to me that there is not sufficient parking right now at this sight. Johnson: It's large enough to put two vehicles end to end and not be out in the street. Perhaps with some redesign or restriping they, could more efficiently use that. Shearer: It would be an opportunity to keep a building from not setting empty and I think everytime we have a Day Care Center come up that there is opposition. i think that building is well suited for what they planning. The Motion was made by Shearer and seconded by Alidjani to have the Attorney to prepare the Findings of Fact & Conclusions of Law on this project. Motion Carried: All Yea: Johnson: Is there a recommendation for the Council. Hepper: I would like to see a redesign of the parking lot before we pass on a recommendation. Johnson: At this point there will be no recommendation made to the Council. ITEM #4: PUBLIC HEARING: REZOI~ REQUEST BY SHARON OLSON: JOhnson: Is there a representative present who would like to testify. I will now open the Public Hearing. Sharon Olsen, 807 E. Washington, Boise, was sworn by the Attorney: MERIDIAN PLANNING & ZONING APRIL 10, 1990 PAGE #6 Olson: I just wanted a rezone. I have the site plan that you requested. She handed that to the Conmission to review. Johnson: This changes yourapplication then from 8 units to 6, right? Olson: Yes. Rountree: What do you propose to do with the irrigation ditch, the it? Olson: I'd like to. Rountree: From W. 8th through your .property description lines you indicated that that's all going to be landscaped as an entry into there. Olson: Yes. Don't you have to have the 20 ft. setback. It could be landscaped if it's approved this way. Rountree: You could. It would be a plus. Alidjani: Do I read your plan correctly that you have 15 3/4 ft. driveway. Rountree: 18 ft. wide. Johnson: You have reviewed the comments from the City Engineer and you have no problem with them? Olson: No problems. Johnson: Anyone else from he Public who wishes to testify? Sherry Mitchell, 1413 W. 7th, was sworn by the Attorney. Mitchell: I talked to Sharon a couple of days ago and she really did not have a definite structure plan. Johnson: We did receive a Letter from your husband and it is entered into the record and we all have a copy of this letter. Mitchell: We are probably the only-ones concerned because she owns that property that she's taking the back yard off. She has a duplex on the other side that is adjacent; and our yard is kind of kitty corner and we wouldn't object to a single unit but we do object to a two story. Mainly because we have one single window out of our family room window and we've seen the maintenance of her other dwellings and some times its not kept up the way it should be and that concerns us and wondered about access of traffic. Johnson: In the second paragraph of your husbands letter where he makes reference to the sidewalk, is he talking about a foot path and not a sidewalk. Mitchell: Yes, it's a foot path. Our main objection is to the two story dwel'_ing. Rountree: Where are you located with respect to this parcel? Mitchell: North of house. Johnson: Is anyone else from the public here to address this issue. Being no response MERIDIAN PLANNING & ZONING • • APRIL 10, 1990 PAGE #7 before I close the PtTblic Hearing i will officially enter in the letter received from Mr. Mitchell for the record, it is in opposition to the project, no the Public Hearing is closed. The Motion was made by Rountree and seconded by Shearer to have the attorney prepare the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjanito recam~end approval for the rezone with the condition of design review and approval of the development that will be put on this parcel, I also would like .to add the condition that the driveway provide access for fire & safety vehicles. and to accomodate sanitation vehicles. Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT W/VAIRANCE BY NADINE MILLER & BETH BIDDICK FOR WEATHERVANE VILLAGE: Johnson: i will open the PUblic Hearing, is there a.representative present to testify. Nadine Miller, 6203 Edgewater Drive, Boise, was sworn by the Attorney: Miller: Originally Weathervane Village was for mobile homes and modular homes. We have modular homes totaling 10 and one mobile home. Our request is that you allow us site built homes to be located here. The site plan has rather small lots, that's the reason that we are requesting the single story provision be abandoned so that double garages can be in place. We do have a buyer for the undeveloped portion. Rountree: Your just looking at single family dwellings? Miller: Yes. Rountree: Have you seen the comments from the Irrigation District and the Highway District. Miller: Yes from the irrigation District but not from the Highway District. Clerk Niemann: We just received those this morning. Rountree: Reviewed the comments from the Ada County Highway District. Do you have a problem with these. Miller: Yes. Going through the files I found that the City consistently requested an exit onto Linder Road. Clerk NIemann: The plat needs to be changed to reflect that. Hepper: The existing subdivision to the east, that would be the proposed. Miller: There is a proposed one, the original developer here had plans of going on to the east . There was discussion on the proposal. ~~ SHARON OLSEN REZONE REQUEST NW 8th ST. 1400 BLK: COMMENT S 1: Ada County Highway District: Nothing Received: 2: Central District Health: Can approve with central water & Sewer: 3: Nampa Meridian Irrigation: All laterals & waste ways must be protected; Drainage must be retained on site: 4: City Engineer: See Attached: 5: Sewer Department: Sewer Line runs through property must retain easement: 6: Building Department: It would be cronsistant with other lots & buildings in the area 7: Police Department: No Objections; 8: ADA COUNTY HIGHFIIIY DISTRICT COMMEn7TS & REQUIRFS'1EN7'S ATTACH®: g; T.FTt'F'R FROM BILL MITCI-IEL ATTACHID: 10: PUBLIC HEARING I~L,D BEEIDRE THE PLANNING & ZONING CONYyffSSION ON APRIL 10, 1990, FINDINGS OF FACT TT BE PREPARID: 11: PLANNING & ZONING APPROVED THE FII~IDINGS OF FACT & CONCLUSIONS OF LAW AT MEETING HELD ON APRIL 23, 1990 AND MADE THE RECODR~IDATION THAT THIS REQUEST BE APPROVID BY THE CITY COUNCIL: (COPY OF FIIVDINGS ATTPCHID) r ~ .~. _ ___ ~~_ _ ~~ ~ - ~ ~ ~. ~~ ._ -_~_=mow ___~- ~~__ • __ N ` Fi _ ___ - - - - _ - Q -- --. _y __. ~~=gyp t 1-.- '-.__'-_. Obi.. ... .__ _. P /i~ °~ ~ ~ t~~ ~ ~ +-~ .~__ j N EA - ____-__-.~_iJ. __... S F ~ ~ 1- sX ~ i, ty p u O ZI ,.., -- --~_ ~ -_r~ ~_ ~._~~ .ms`s +- S N ~ a` ~ s 3 ~~ zX ~ ~ ~„ e-~~.a 1 .. s W o fY k' r o v, S S u~ is ~ ~ ~ ~ LL ~ ~~ ~ 3 a~~X ~ - Y ~ S ~ t O _ - _y ~ uin- -'^ how. N ~ v- :' ~ _ ~ _ a .a ~ 2 N ~ ~ o- ~ . d ~c g ~ ~ _ o s d •n _ ~' m - ~- _ S 11 ~ (,/ J ~ -- ~' ~ _ ~+-_ V NHS Y -~' ~j F- ~ ,-. 9 ~y ~5 ~ a v, -- -~ ~-_~ ~t 4. Z o '~----- -~ Q V i~ 41 ~ S ~ ~ ~~c/ 3 . sF t~1 - r J _ .. ~.l - - W _ ~- il'~~S~a9 ~ u3 - ~~ i p._W __ ~ ~ ~ ~ Q y y ~ ~ 3 W ~ ~ w o F- z' - - Q w~ Q~ W Q ~9 Y Lf N ~ ~ 111 Q ~ $$ _ (V' v - _. - _. ~~ ~ ~. ~ ~ ~8 ~~ ~ ~~ ~~ 0 a 00 ~~ a. ~ ~-- ~. Y ~ ~ ~~ v O ~ ~~; ~~~ .~ I~ ~~ e ~ ~Q r~ Planning and Zoning Commission l~o City of Meridian ~ C pear Sirs: IL{I I appreciate the opportunity to express our concerns regarding the rezoning request of Ms. Sharon Olson for the lot on (Jest Bth street. I apologize for not being able to appear in person, but I have a comitnent to ny Boy Scout Troop. Our concerns focus on threc areas. First and foremost is our concern with the access planned to this development. The sidewalk between. our property and hers is heavily used by many children (including ours) to get to end from the piddle school. I would not be comfortable if the driveway to the planned construction was in the immediate vicinity of the sidewalk. In ny opinion, careful consideration of this issue must be given prior to approval for any construction, regardless of zoning. Second, ue are concerned with the maintenance of the property. Currently there are two junk cars parked against ny back fence on what was the only "laun° available to the residents of her fourplex. Previous residents had cleaned and Wowed the area, but that has not happened in at least a year. The lack of any lawn or play space for younger residents resulted in our yard being the playground for then. This was not a major problem, nor is it currently, however, again not knowing chat is planned, could become a problem in the future. We spoke recently with Sharon regarding the cars and she indicated that she has spoken with the owner of the cars and could again. Ue appreciate her efforts, but with her not living in the area, it is a concern. Third, ue haue lived in our hone on LJest 7th for over 10 years, and have enjoyed the sunshine and the view from our backyard. Uhen ue spoke to Sharon, she first indicated that a building similar to the one she currently owns next to it was being considered but that she could also consider a single story unit. R two story structure would not only destroy our view, but also cut out Host of the late afternoon sunshine ue currently enjoy as well as chat privacy we now haue. R two story building overlooking our backyard could greatly reduce the attractive nature of our backyard as well as the value of our property. She also indicated that the probable parking area for the proposed construction could be behind the building. This also bothers us from the perspective of looking out our only back window on cars and a parking area. Most hones look out over the neighbors backyard, and ue would like the same. Our preference, obviously, would be for a single family dwelling or secondarily, a single story unit, to be built upon the property. Even so, some of our concerns would still remain. The probability of maintaining the quality of the neighborhood, we feel, would be much greater in either case. Rt the minimum, ue request that rezoning not be granted until ue are given the opportunity to examine the details of the proposed construction. We haue contacted both the Gity of Meridian and Ms. Olaon and there does not appear to be a plan for the property. Uhile both the city employees and Sharon have been Host cooperative and willing to discuss chat is going on, we feel that it is lnpoasible to determine if a rezoning is acceptable without knowing the details of the plan. Thank you again for the opportunity to discuss this matter. iyc 3 w 7~f~• CENTRAL DTSTRICT HEALTH DEPARTMENT ENVTRONMEN'PAL HEALTH DTVISION 1455 North Orchard Boise, Tdaho 83706 REVIEW SHEET Return to: Boise Rezone # Eagle C,~>ndT.t i ona] L'se # _~/Nlerid i an Preliminarv/F'inal./Short Plat Kuna v .MU~i i-F.MY«r. y~urrS _ acz 1. / lJe have no objections to this proposal. 2. _ We recommend denial of this proposal. 3. _ Spec_ffc knowlctilge as to the exact type of use must be provided before we can conment on this proposal. 4. _ We will require nare data concerning soil. conditions on this proposal before we can cc:rtment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(sol.id lava) frcxn original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feel above solid lava layers. 7. We can approve this prohnsal for: _Central sewage Interim sewage _Individual sewage _ CamNni_ty sewage systan and Central water Individual water _ Canmmity water well. 8. _ flans Lor Central sewage Ccxnraurity sewage system Sewage dry lines, and Central water Cmmunity water must be sudnixted to and approved by the Regional Health and Welfare Fnvironmental Services Field Office. 9. Street runoff is not to create a mosquito breeding problen. 10. _ 'This department would recrnnend deferral. until high seasonal. ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system *~C be installed to meet Idaho State Sewage Reguaations. 12. _ We wdll require plans be submitted fora plan review for any (food establishment)(beverage establishmient)(swimning pools or spas)(grocery store). 13. 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O ~ ~ ~ ~ ~ ~~ ~~ ~ $~-~ r ~, r b~ ~~~ A^P :.IOATION FOR ANNEXATION APPROVAL & ZONING Mez idian Planning 6 Zoning Commission I. GENERAL INFORMATION Filing Information Olsen Apts. (Proposed Name of Subdivision) _ 1400 Block of W. 8th, Meridian, Id. 83642 (General Location) See attach Legal Description - attach if Sharon tf. Olsen 208.336-0189 (Owner(s) of Recozd) (Name) (Telephone No. ) 807 Ii. Washington Boise, Id 83712 M. Olsen (Name) No. ) ~Oi E. 4ashington N 1 Boise: ID 8312 (Address) (Engineer, Surveyor or Planner) (Name) (Telephone No. ) »i (Jurisdiction(s) Requiring Approval) (Type of Subdivision-Residential, Commericial, Industrial) # 50 Acres of Land in Contiguous dwnership. l~ (Fee) Sharon M. Olsen 807 Fast Washington# 1 Boise, Idaho 83712 Phone 208-336-0189 Dear Sir: I own the property in the 1400 block of W. 8th in Meridian, legal description attached. I would like to have this property rezoned for 8 units. I will gram a lein against the property for payment of all costs by the City including engineering, publication and attorneys fees. Sincerely Sharon Olsen ~^ :• THE~~1? ARE IT~ NEEDED FOR ANNEXATION & ~NING REQUESTS ' Sharon I?, Olsen 1. Name, address and phone number of applicant; ~S7 E Washington # 1 Eoise i~ 9312 2. Name, address and phone number of owner of subject property, and proof'of title in said owner; Same as above 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner, 4. Legal description of property; Attached 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property; Attached 6. Present land use; ~r~..eS,± 7. Proposed land use; ,P;ulti Tenant ~ units 8. Present district; 9. Proposed district; 10. Characteristics of subject property which make_ the zoning amendment desirable; Phe property on both sides is multi-tenant ;1u> a '~nsiness anc duplex_ on this 5t. close to schoisl '~ the St, is wide 11. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; 12. One (1) map of scale one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; 13. Twenty-seven (27) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 14. A list of the mailing addresses of all property owners, from authentic taa records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered; ;ttachec. 15. A statement of how the proposed zoning amendment relates to the rieridian Comprehensive Plan; 16. A fee as established by the Council;- '°~+ (see 2-422 A) 17. A statement that the owner grants a lien .against said property for payment of all costs incurred by the Citp including engineer- ing, publication and attorneys fees. Attached ~,~ ~, F,~ ~.; The following ;is a metes and'bounda description} part of Lot 1 in Block 6 of'Welker Subdivisiotf`'. the Northwest 1/4 of the Northwest-1/4 of sectic Township 3 North, Range 1 Weat of the Boiser^1'fe3'3 particular described to Witc Beginning at a point S. 0° 15 3/4' W., 756.25',; Corner of Section 12, Point being the NW cornea; Subdivision, Meridian, Idaho; l~ iti 9+~atioYi 12, , Oda>CoiaxtY,'Idahct~; rare ' 4, p ~~ ~ N= a ~ a 21 [~£ ~ %~~ fl[>f 1 _ f!!S; o n!rt.»I ss~ta Ar_cUS.ux 96 :.e..l I 09 - ~ ~_ ~ .. M Sic{9M B6 GJ f sa. 0` ~. r!7'Yf0/ jY.Sr K ~s ~~ ~ ~/~ f b o`£ u z ~.. 8 1` U a, 4 •sy- ? lmA ~ ..~ O C s O ~ C' ',G/I 6 E' IIG. 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' ~ v+..w. 021 lYic{ai sn uL4t u „+ `~ ° o p 9GBA ~ rl 1l, TV,rir'~, IN 8 .~ .., .sw ..._.... ..__" P W > ;'. ° ° V I 1 ^ ,1 - ~ '~ N~ ro1z1 ~ rt' ~ . e~~^ 1 s, VVV s 7,By[MK ~ i!i `~ ~.x.r.rts ° $ ~ rl A' d... sn.4rrt ~. 301 MB (. n.u: ' q W w )n. ~ t ° 4 a 7,o9,nca9s ' q"{EI d,.ryi r. , v ~ ° N Z 7 91 1>aa9B ,t• M'{ZI 1 Y : ur .l :. .: i ~. ,/( •~rcr•: .. i., .. rv t.YNM ~Z~ t/3Nt1i i. '43N1`d1NOa Lu,yers~itle jnsurance (grporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE A coRl'd. A NORTfi.FRANGEN1RWESTSOFITHE0801SE MERIDIANTIN/ADAAFCOUNTY.NIDAHO.OMOREIP 3 PARTICULARLY DESCRIBED TO WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4: THENCE SOUOFHTOE1r~~RT/HWESTT1/46~T0 THETNORTHWESTH60RNER OFNWELKERHSUBDIVISIONHASST 1 RECORDED IN ADA COUNTY RECORDS: THENCE.; CONTINUE SOUTH 0 15 45 WEST 45.66 FEET. ALONG THE SAID EAST LINE WHICH IS ALSO THE WEST LINE OF SAID WELKER SUBDIVISION. TO THE INITIAL POINT OF THIS DESCRIPTION: THENCE COBLOCKE6SOFTSAOID WELKERWSUBDIVISOSbN3~THENCE THE SOUTHWEST CORNER OF LOT NORTH 89~44~15" WEST 35.23 FEET TO A POINT~ON THE EAST RIGHT OF WAY LINE OF 8TH STREET WEST AS RECORDED IN INSTRUMENI`NA• 713901 IN BOOK 46 AT PAGE 143: MEANDERING ALONG SAID EAST RIGHT OFy,,.WA~'~Lrh~ NORTH 15'15'45" EAST 93.93 FEET THENCE TO A POINT ON A CURVE: THENCE '- 3'' 1' ~~23179 ANDTAECHORD BEARING NORTH 13v32~'17nREASTS47F559PE00T TOETHEAINITIALT POINT OF THIS DESCRIPTION. - EXCEPT DITCH AND ROAD RIGHTS OF WAY. 1MI FITZ~ 6LM Albm `°"" A 2 r.o a No. MarM• SchedMle P°go Ta"pUOm lxly in U 5 ~. 035~0~9990000/I ORIGINAL v ,~ • 8r.~uw. • This policy does not insure against loss or damage Dy reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements. or claims of easements, not shown by the public record. 3. Discrepancies, conflicts in boundary lines, shortage in area.encroachments, and anyfacts whichacorrect surveyand inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right toalien, for services.labor, or material heretofore or hereaher furnished,imposed by lawand net shown bythe public records. 5. Unpatentetl mining claims. reservations or azceptions in patents or in ACt authorizing the issuance thereof; water rights, claims or title to water. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7, GENERAL TAXES FOR THE YEAR 1984 AND SUBSEQUENT YEARS, WHICH ARE AN ACCRUING LIEN NOT YET DUE AND PAYABLE. 8. SPECIAL ASSESSMENTS OF THE CITY OF MERIDIAN, IF ANYI NONE NOW SHOW OF RECORD. NO SEARCH MADEFOR SEWAGE DISPOSAL CHARGES. ~ '=>+a~,-„_; 9. EASEMENT TO IDAHO POWER COMPANY, CORPORATION RECORDED JULY 19, 1960 AS INSTRUMENT: NO 483fi0±K~FEOORDS OF ADA COUNTY] IDAHO. ~ `~ t. `: :, :iii ti ji . *a k ~ ~~ ' ~, n ,J 4] { !t ~; ~~ ~ ~, _. EXCEPTION NUMBERED NONE ARE HEREBY OMITTED Polip 95 aockY Mt Iaev. x]91 Litho in US A. Form Na. p35~0~096~060x/1 ALTA pwner s Polity-Fmm B 1970 laev. 10.1L]0) Capyri6M 1969 ORIGINAL v ~~ i ~~~~ Form No. 10R4R • • CL1A Standard Covcrngn Policy Copyright i?]4 SCHEDULER This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of what arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a publir, agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2 Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, 2nd which are not shown by the publir, records. 5. (a) Unpatented mining claims; (h) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open strert or highway is insured by this policy. 7. Any law, nrdin ante or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or r^_grdaling or prohibiting the occupancy, use or enjoyment of the land, or regulating the rhar2cter, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a ieduclion in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. $. Riyhts of eminent •lomain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, lions, ^ncumbrances, adverse claims, or other matters (al created, suffered, assumed or agreed to by the in- sured claimant; p~) not shut~rn by the public records and not otherwise excluded from rover 2ge but known to the insrreri claimant either et Drvtn of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and ilot disclosed in writing by the insured claimant to the Company prior to the date such insured claiin2nt became an insured hereunder; Iel resulting in no loss or damage to the insured claimant; (d) attaching of created subsequent to Date of Policy; or (el resulting in lass or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for v21ue without knowledge. Part Two: 1. Special assessments of the city of Meridian, if any, for which we make no search. 2. Liens, levies and assessments of the Nampa-Meridian Irrigation District, and the rights, powers and easements of said District, as by law provided. No delinquencies appear of record in the office of the Ada County Recorder. 3. An Easement over said land in favor of A. W. WELKER and ETHEL WELKER, husband and wife, for the City of Meridian and incidental purposes as set forth in an instrument recorded May 17, 1956, as Instrument No. 394619, Official Records. 4. An Easement over said land in favor of WILLIAM E. RICH and YVONNE B. RICH, husband and wife, for the IDAHO POWER COMPANY and incidental purposes as set forth in an instrument recorded September 2, 1960, as Instrument No. 1{90681, Official Records. -continued- SCHEDULE B CONTINUED 5. Easements, reservations, restrictions and dedications, if any, as shown on the official plat of said Subdivision. 6. Covenants, conditions, and restrictions in an instrument recorded May 14, 1956, as Instrument No. 394584, Official Records. 7. A Deed of Trust to secure an indebtedness of $38,700.00, recorded April 12, 1978, as Instrument No. 7818514, Official Records. Dated: .April 11, 1978 Grantor: SHARON M. OLSEN, a single woman Trustee: FIRST AMERICAN TITLE COMPANY OF IDAHO Beneficiary: PRUDEPdTIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation Deed of Trust Non-Assumption Agreement, recorded April 12, 1978 as Instrument No. 7818515, Official Records. EMBflOSE, RRZ6Efl~LB scflooBS*o" •nans,eMb ce~~,.ron ro. eo. xx, MMMm, MMro BIBIx tElpMne BIBMBI i°~`."InW Insurnncc ls>rporalion PO Bon 1JS6J ~ • ~' ; • WARRANTY DEED JOINT CLASS "A" SCIIOOL DZSTRICT NO. 2, ADA AND CANYON COUNTIES, STATE OF IDAHO, a political subd iVision, organized and existing under the laws of the State of Idaho, grantor, hereby CONVEYS or GRANTS and WARRANTS to SHARON OLSEN, a single woman, of 143y /,~l b r" (Jnj-_ f~ Mer,~;.~, T ~. grantee, the of owing descr3;Cied tract of land >.n Ada County, State of Idaho: A part of the NE 1/4 of the NW 1/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian in Ada County, Idaho, ... more particularly described as follows, to-wit: ~;;-:' Commencing at the NE corner of the said N@ 1/4 of the NW 1/4; thenceSOUth 0°15'95" Weat 756.25 feet, along the East line of the said NE 1/4 of the NW 1/4, to the Northwest Corner of Welker Subdivision as recorded in Ada County Records; thence continue South 0°15'45" West 45.66 feet, along the said ; East line which is also the West line of said Welker Subdivision, to the initial point of this description; thence continue South 0°15'45" Weat 137.01 feet to the Southwest corner of Lot 1, Alock 6 of Welker Subdivision; thence Dlo rth 89°44'15" West 35.23 feet to a point on the East right-of-way line of 6th Street West as recorded in Instrument . No. 713901 in Aook 46 at page 143; thence meandering along said East right-of-way line Northl5°15' 45" East 93.93 feet to a point on a curve; thence curling r_o the left along a curve having a radius of 790.00 £eet, a tangent of 23.79 and a chord bearing North 13°32'17" East 47.55 feet to the initial point of this description. EXCEPT Ditch and Road rights-of-way. SURJF.CT TO a reservation for access to and the right to draw from irrigation water from an existing ditch on the above described property. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the Board of Trustees of the grantor at a lawful meeting duly held and attended by a quorum. IN WITNESS WfiE REOF, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this ao~`day of Noue uw6eN , 1989. JOINT CLASS "A" SCHOOL DISTRICT NO. 2, ADA AN~NYON COUNTIES, IDAHO. (SP•.AL) ~// By w•,o-~. ~n .VE++r~ Clerk ~~ ADA COUNTY PROPERTY TAX BILL RL~ BARBARA BAUER, ADA COUNTY TREA~R P. O. BOX 2868, BOISE, IDAHO 83701 383-4433 A 7Ax YEAR CODE AREA PARCEL NUMBER BILL NUMBER 1989 03 i S12122125170 -75356 _EGAL DESCRIPTION PAR x2500 OF NE4NW4 SEC 12 3N 1W x212403-5 x8458711 M3N1W01225U0 3N 1W 12 INSTRUCTIONS 1. You may pay delinquent taxes beginning the first Monday in Jan. Payments received between Dec. 21 and the first Monday in Jan. Witt be placed In a Trust Account and you will be notified of the penalty and interest due. No funds can be removed from Trust unless all taxes, penalty and interest can be paid. 2. Trust Accounts for monthly accumulation of payments toward taxes can be set up with the Tax Collector. NO INTEREST IS PAID ON TRUST BALANCES. 3. You are not excused from paying tax, penalty or interest if you do not receive a tax bill on any property you might own.. ID. CODE 63-1104. 4. IF YOU HAVE SOLD THIS PROPERTY TO SOMEONE ELSE, OR YOUR LENDING INSTITUTION IS RESPONSIBLE FOR PAYING THIS TAX, PLEASE FORWARD THIS BILL TO THEM IMMEDIATELY. 5. If taxes are paid in two installments, the second half must be paid by June 20. 6. If any tax becomes delinquent, penalty and interest are figured from Jan. 1. ID. CODE 63-1102. 7. Levy Sheets available on Request. ID. CODE 63-1103. 8. Your cancelled check is your receipt. ID. CODE 63.1108 TAXING DISTRICT RGENCyTYMEDICAL COUNTY HIGHWA OOL DISTRICT a IDIAN LZ9RARY IDIAN CITY IDIAN CEMETERY QUITO ABATEMEN TERN ADA RECRE 4 3 7 3 AMOUNT BANK 1.10 8~ TOTAL OF ITEMS OVERRIDES & BONDS SCHOOL a2 BOND SCHOOL 2 EMERGEN( OTHER IDA LAB INSURAN( HARI YT S INDIGE~ ITH DISTRICT COUF ~CHD LiAd INSURI. fCH00L a2 TORT F~ SCHOOL 2 PLANT p 1ERID LIB LIAR Z~ 1ERIDIAN LIAB INS TOTAL ITEMS TAX PAYABLE UPON RECEIPT OF THIS BILL TOTAL TAX (ALL OF THE ABOVE) 2 ~ 15 MARKET VALUE L.6 6D0 W MINUS HOMEOWNEP ~1~ EXEMPTION TAXABLE VALUE 60U LEVY .G15870U ~ 7 CODE AREA TAX 1.30 .12 6.49 OVERRIDES, BONDINGS ETC. 3.03 TOTAL TAX ~_ __._.._. .a7 9. s2 R 5 BREAKER EXEMPTIO 8$ MINUS HARDSHIP ~$ EXEMPTION MINUS TRUST BALANCE TOTAL TAX TO 3.03 BE COLLECTED 9.52 +/z TAX DUE 4 76 9.52 . FULL TAX DUE 9.52 _ __.:_ FiP.3T HAtF TAXES-ARE DELINOUENT AFTER. ]J G C . 20,1989 SECOND HALF TAXES ARE DELINQUENT AFTER: ~f UNE 2 L~, 199U A TWO PERCENT PENALTY AND TWELVE PERCENT INTEREST (1.0^/o PER MONTH) ARE CHARGED ON ALL DELINOUENT TAXES DATING BACK TO!~ AN 1 • 1990 L98~ADA COUNTY PROPERTY TAX BILL STUB REAL ~o` 1-75356 NOCEL 51212212500 _ 03 - -~ ~ -~ DEC. 20,1989 DUE DATE TAXES MAY BE PAID ON OR AFTER RECEIPT OF THIS BILL BUT NO LATER THAN DEC . 20,198 9 PLEASE CHECK BELOW WHETHER YOU ARE PAYING FIRST HALF OR TOTAL TAX DUE 04SEN SH~RON 90 SE WA HINGTON ST ID FIRST HALF TAX 4.76 89117535610 83712-7319 SECOND HALF TAX 4, 7b ^ TOTAL TAX DUf 9.52 891L75356D2 ACT-R B9 ADA COUNTY PF BARBARA BAUER, ADA P. O. BOX 2868, BOISE, 1984 1 03 I R92'93"iO~i$Q SOLD THIS PROPERTY, FORWARD FKIS G(3P''1 OWNERS. 2. You may pay delinquent taxes b8gklrffliq the;: Jan. Payment8 received between {~. 21 an4 tfi~lii Jan. will be pled in a 1FUSf Account and yott pa the penally and Intsrest duo. t+b twMs oarrbe nll8 unless all taxes, penally. and interest csm be pIIJ 3. Trusl Accounts for monthly acctsnyl~trtll tail taxes can be set up wfth the Tax Gollec>i»: Nb thF1i ON TRUST BALANCES. 4. `Pou are na excused from paying tax, petiMty do not receive a tax bdl on arty property: you mig ID. CODE t33-1104 6 If taxes are pakl in two ins~llments, tM esC91 paid by June 20. & M arty tax becomes delirgllsra, par>fpYapdiMi from Jan. 1. ID. CODE 9~-1102. 7. Levy Sheets avaflatNe on RequeaL IQ C 8. Your cancelled check b yqur rem. ` BOtp E t11A8M7QNC~ifl!la'+, ^ansen Glenna. 7. rI 7 'd ~t,h Meridian, ID 9j(~i2 Tra.hert. hiarg~rrt buyer. Parks Raymond A igo, i~r yth Meridian, TD )33N+2 Lowe Vern F i'T ifY. 1'I,^-5 FI nth t4erid ian, IP. 8}<4?_ Rasmussen Kenneth 4! & Gladys 14. 1500 ,~ qtn Meridian, ID ii35h7 .login+, Schrn~l ')i;trirt. ;/?_ hleri3ia.n, ID f33F~17_ iDA >T. Grande Patrons of Husbandry Inc. P.O. Pnx j5~ Merd;,an,Zl) R3N+2 Leslie K. Aill.s ] 50t! 4! Sth Meridian, ID 8j5th2 Gingrich, Leon W. 3650 Sugarcreek Meridian, Id 53642 i'n] 1 T,ny~i S. 13?4 ':' 7th tiert.d i an , TD ~)i112 G'Prien Gnnrr'~' T°: 'da.nda t4. /i') L! ',iaStliRa tnn 1"eri~lian TD `37~>1t?_ Kruegerr,zndicP J. r;34 td 5Ja_shinr*ton Meridian, Ti) 83~,~t? 'ilastch Investments P.O. Pox 57.1( Poise, TD 83?~5 1719 )•I 7th Pi~ridi_an }'rnperty address 1Ce]l.~y Pa.vid H ?< TJnrma. J. 1303 '.+ 7tn :>t.. Meridian, T') 83N~42 MumfoicT t'mmett ^ ~t tix 1233 u! 7th 14erid ian, Td si3FJt2 I+ItTchc'fl 4!illia.m & Sharon L. 7.1113 '•1 7th Meridian, ID II3<>1J2 MCI'arld.en G Leonarl rT UX FOX 275 Meridian Td. 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