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HomeMy WebLinkAboutDee Jay Subdivision VAR 99-0010 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live CoundLM.Qrnbers CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be -considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1 1999 TRANSMITTAL DATE: June 10. 1999 _HEARING DATE: July 6 1999 FILE NUMBER: VAR -99-001 REQUEST: VARIANCE FROM 1,000 FOOT MAXIMUM BLOCK LENGTH BY: KEVIN HOWELL CONSTRUCTION LOCATION OF PROPERTY OR PROJECT: SOUTH OF CEMETARY AND NORTH OF IDAHO STATE POLICE TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT JFIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: A0 NOTICE OF HEARING i 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 p.m. on July 6, 1999, for the purpose of reviewing and considering the application of Kevin Howell Construction for a variance for Dee Jay Subdivision. The variance requests to exceed 1,000 foot maximum block length. The property is generally located east of Stratford Drive and north and south of Watertower Lane. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 14th day of June, 1999. /A�WILLIAM G. BERG, JR., ! CLERK �tid on�itttr �i PUBLISH June 16 and 30, 1999. `♦164 1111rr a s CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 ]R-BCE1VE]D MAY 2 4 1999 CITY OF IVIERIDIN PL�NG & ZONING Ica / V VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME; Kevin Howell Construction Phone: (208) 383-4302 (Owner or -holder of valid option) ADDRESS: 1087 W. River Street #250, Boise, ID 83702 GENERAL LOCATION: South of Cemetary; North of Idaho State Police LEGAL DESCRIPTION OF PROPERTY: Attached PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: CG ^ VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the `City showing property, lines, streets existing and proposed zoning and such other items as the City may require. DESCRIPTION OF PROPOSED VARIANCE: Vari ance from the 1,000 foot maximum block length I hereby certify that the information contained herein is true and correct. Date Received Received by SIGNATURE: 411- OAA " Kevin Howell Construction CITY COUNCIL RECORDS a City Council Hearing,_Date 0 0 VARIANCE REQUEST NARRATIVE KEVIN HOWELL CONSTRUCTION DEE JAY SUBDIVISION April 30, 1909" ,. 1. Address: E. Watertower Lane and S.• Stratford Drive ,. 2. -Applicant: Nancy A. Taylor J;U-B ENGINEERS, Inc. - , ;w. . {° 250S. Beechwood #201 !Boise, ID 83709,_, ,. •(208) 376-7330 , • , , 3. ;Owner: Kevin Howell, Construction •1087 W, River. Street, #250 . Boise, Ib • 83702 r t(208) ,383-4302 4. `Proof of ownership (attached). 5. Legal description (attached). 6. Present use of property. Vacant 7. What is intended for;the.property.,A 15.04 acres (14 lot) commercial subdivision. 8. s Zone,district: CG;, t 9.Vicinity map (attached). 10. Schematic building plans.(see attached plat). x 11.List of property owners within 300pfeet (attached). 12. Characteristics of subject property which prevent compliance with the , requirement of the Ordinance. The lirlear.Jeast-west), property is bordered on the north and south by two developed properties; the. Cemetery, and Idaho State Police Headquarters,µ ,respectively. tlThe proposed Dee -Jay Subdivision is 1327.10 feetin length. The street:will.eventually connect to the easterly properties when developed by others. At present,. in order to meet the 1,000 foot block length limitation,'the Dee Jay_ Subdivision will be required .to include.stub streets to the adjacent City Cemetery and Idaho State Police facility, Since these are developed properties, stub streets seem unlikely to be utilized. Therefore "we are requesting a variance from the 1,000 foot maximum blocklength development standard. 13. Minimum requirements need to.bexincreased fromJ,.000 feet to 1327.10 feet to Tatlow fora legal block. 14 Difficulty or hardship. The property could be developed }submitted (see Dee Jay Subdivision'tplat), a"nd meet the Ordinance standards.. However, there will.be unnecessary expense in the construction of two stub streets to the adjacent City _Cemetery and Idaho State zPolice Headquarters that are already developed properties and unlikely to redevelop in the foreseeable future. The required stub streets,(S:,Baltic Street) will require the construction of 436 feet of additional street that wilt not be used in the foreseeable future. 15. Unusual or,peculiar� circumstances. See 14 above. 16. Statement that special conditions and circumstances exist which are peculiar to the land which is not applicable to other lands, structures or buildings in the same district. The adjacent north and south properties are already developed in long-term land uses, namely the City Cemetery and Idaho State Police facility. Since it is very likely, that these land uses are both long-term, and no new development plans are known for either property, it is unlikely that the construction of stub streets from - the Dee Jay Subdivision for future connection to either of these properties wilt be used. 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district. A literal interpretation will cause the property owner, Kevin Howell Construction, to install stub streets for access to adjoining properties. The adjacent properties are already developed and neither has constructed stub street access to meet with those required of the Dee Jay Subdivision. 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action. The applicant purchased an available 15 -acre site, located east of the Central Valley Corporate Park, for a commercial subdivision in 1999. The property extends from S. Stratford Drive east to the Hunter Lateral on the east line of the NW1 /4, NEI /4 of section 18, or a distance of approximately 1327 feet. The special circumstances arose with the 1/4 section length of the property and the existence of both the City Cemetery and the Idaho State Police Headquarters located to the north and south respectively, of the proposed development. These circumstances are not attributable to the actions of the applicant. 19.Statement that granting the -variance shalt not confer to the applicant any special privilege that is denied to other lands in the same district. The variance from the maximum block length of 1,000 feet due to the existing, long-term nature of the existing adjacent land uses, shall not confer any special privileges denied other lands in the CG district. Stub streets are required for safety. However, when no adjacent street connections are anticipated in the long- term, it is not sensible to construct unused public facilities that must be maintained by tax dollars. 20. Relationship of the variance to the Meridian Comprehensive Plan. The proposed subdivision is in compliance with the Comprehensive Plan. 21. A fee of $250.00 + 12($1.73 x 2) _ $291.52 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit. The variance would convenience the applicant since he would not have to install additional streets to access future subdivisions. However, this is not the reason for the request. The request for the variance is to prevent the unnecessary construction of stub streets that likely will never connect with existing adjacent land uses. 23. The applicant will post the property one-week before the hearing stating that the applicant has applied for a variance. 11557adminvariance.doc 2 q O W O 10 IO 6 �■ O s m �■ O CD E ♦ V. ** TX CONFIRMAN REPORT ** DATE TIME TO/FROM 07 06/14 13:07 208 688 1097 AS OF JUN 14 '013:08 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'31" 001 056 OK 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 p.m. on July 6, 1999, for the purpose of reviewing and considering the application of Kevin Howell Construction for a variance for Dee Jay Subdivision. The variance requests to exceed 1,000 foot maximum block length. The property is generally located east of Stratford Drive and north and south of Watertower Lane. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10 day of June, 1999. PUBLISH June 16 and 30, 1999. ,4X,L WILLIAM G. BERG, JR., I CLERK MAY -24-99 02:06 • PM vv TRACEY HOOD 200 2eeO947 P.0% May 24, 1999 Via Facsimile 887.1287 Meridian Planning & Zoning Department Mr. Steve Siddoway 200 E. Carlton, Suite 0201 Meridian, Idaho 83642 Re: Dee JOY Subdivision Dear Steve, Tracey Hood is authorized to sign on behalf of the Howell — Murooch Corporation any necessary application and/or documentation that the City of Meridan may require for the pnxessing of the above mentioned dove'opment application. Thank you for your time end consideration, Sincerely, Dwell — Murdoch Development Corporation Kevin A. Howell, President MAY 24 '99 14:39 8533167 PAGE.01 1JW Ub/ i'J'JJ 16 b CONSENT OF DIREftORS IN LIZi. OF PIRST MEETING Ate? ANNUAL MEi*T-XG OF HOWELL-MMDOM DEVELOPM COR #ORATION PAGE 02 The undersigned, conAituti.ng all.. -4f th.i-Directors of Howell - Murdoch Development corpofttion, an T&.ho Corporation, do hereby consent to, adopt and ap*ove in writing a8- of the 18th day of June, 1996, the followincf`,"Corporate elq'tion.'-W;ithout a meeting in accordance with the provisions of sea ion 3041-44, Idaho Code: RESOLVED, That the AT_%,Acles of IrWoryOfttion of Howell - Murdoch Development 06,kporation,,41p. f i 16d, are approved and adopted and shall*�:.:`,,be inaerteo�`, , in the minute book of the Corporation, tc4tther with'.thep� certificate of incorporation issued "-by the Secikary .1 sof the state of Idaho. RESOLVED, That tho. fads of by-lawwomfor t he regulation of the officers Of HW611-imurdoch DeVO­jopi� .0,nt Corporation, to hold such office 11*r the sn:rui� yeaj.;until June 18, * 1997, or until S�Qr_h.iop* as th 66POOtive successors are duly elected and salified: _71 President I(evi-ok:., Howe 11 Senior Vico:j,president Stephen Murdoch Secretary -Treasurer Irehl Howell RESOLVED, That the Secristary-Treasi*er b*, and she hereby is, authorized and directed toy orifi of any funds belonging to this, Cor-poration thq�"*xpeoiwes incurred in connection with its :,i ncorporatf6 xid a , for supplies ordered or to be po-chased in 4qonn*4�tion with the organization of the aco'Voration a ':th IM -1 e Ostablishment of its business, and.8=4:k-ither oblicf'. ,ittionk if any, as the corporation has incursincidentii-to 8 iia organization. CONSENT OF DIRECTORS d/corporate/howett.con MAY 06 '99 1027 208 377 2427 PAGE.02 GJ! CJ1U: Lb 4vb-z I t-242 / JWK RESOLVED, That the Si retary-Tres irer�a authorized and directed to pay o�t any fur l* b4longing to the corporation, any a 6d all am tta ' -due which are contemplated in 'that'10Land Develb nent'`Agreement" which was effective May 16. 1996. RESOLVED, That this 0�rporation d�"4 n an account for the general banking business of��'Chia T'dorporation with First Security Hank, *rd the starifttdViking resolution adopted as if said r i- eI olution hait= G7/ GO/ 1777 1G. GO LG7-,7.1.1-L4Ll r i, RESOLVED, The Rims 't is authe taed ��"d directed 'to take any and all a. ons necasowy .effectuate the business of the co I'p i'►tion and 'effectuate the Land Development Agr4ftteli, RESOLVED, That the I? ,r"dent, is 03 6t'i ed and' directed to execute. any aid a1 ,":'motes, eoZ11:tvtt �. deeds' of 'trust, lending document -a at - —the like *f%e to the Land Development Agressent RESOLVED, That th,o ident isise►r *ed and directed to employ CPA,';, ;': torneys,irs, realtors, appraisers and a iher prof liicxna►et necessary to accomplish the d went con1�T��1tDla4A in the Land Development Agri*M*n ' p CONSENT OF DIRECTORS - 3 d/corporate/howell.con MAY 0S '99 10 2e taut U4 208 377-2427 PAGE. 05 9 I UJ/ 0011777 LU. LO LUO-JI _44/_I 1j WN rHut C1� f� State. of Idaho HO%TU,M D0M DEVBLtM'W CORPORATION File number C1150* I, PETE T. CENARRUSA, Secretary of State of tha $tate of Idaho, hereby certify that duplicate originals of Artides of Incorpor4fion for.*e incorporation of the above named corporation, duly, Wgne*pursuant to the °provi4ons of the Idaho Business Corporation Act, have been regAved in this offfice and -`axe found to conform to law. ACCORDINGLY and by fitue of the atAprity i0titted in me by law, I issue this Certificate of Incorporation att4�attach hereto4upli a original of the Articles of Incorporation. .By SE'E,WETARY OF STATE MAY 06 '99 10:29 209 377 2427 PAGE.05 UJ/ UO/ 1777 lU. LO LGO-J/ I'L'-1L /- JWK h'fll7t l7b ARTICLE''OF INCORP TI09 ; OF HOWELL- XMOii DEVELOPM ' C04CRATION The undersigned, aor; g as incolporoOrs of a corporation under the Idaho Corp6ratjlo Act, adoo I. the'following Articles of Incorporation for this aooration. The name of this orporatioie shall be 'Howell -Murdoch Development Corporation. " The period of o6xistiffice and dutition"of -the life of this corporation "shall be perp�r ual. b The address of th'*,'�' initial t44istit-led office of this corporation is 3451 Plant ion River I34 !; , Bose, ID 83703 , and the name of the initial regi*tiered' agent, as Ouch` address `is Kevin Howell_ IV. The nature of the bu ess and t4: t and purpose of this corporation shall be es fdglows: (a) Owning, mann i q ri4,4nd op®rati,.%g a rbell estate development business and the sale .and " velopme tat ra- 'j estate.' IDW SECRETARY OF STATE DATE 06/17/1946 090o LW 2 C!( St --7633 Cl15T# 3428 ARTICLES OF INCORPORATION 1 CORP d/corporate/howell-2.ort 1 Q 100.00. 100.00 EVOITE C 18 20.00` 20.00 #: C MAY 06 '99 10:29 209 377 2427, PAGE. 06 qJ/ UO/ 1777 1''U.- LO 4Ud-J / I -L4L l JWK _"- HAUS U/ (b) The transaction i16f any or alb' which corporations may b6:,. ncorporat>t Corporation,Act. oth*t lawful,business for unci the Idaho Business V. a That the total auth<w zed numberi4f pad value shares of this corporation shall be each oV,* par --.Value of ,$1. 00, which said shares shall be'ComACoki: stock. Fd_4r sha*es shall be "A" stock and shall have voting pow. Four xi,lbe" "B"` stock and shall not have voting povii. other tin t2 e' voting rights all A shares and.B shares shall ,of the stw! clams and confer identical rights to distribution, and--' liquidatii' .: proc*6ds. No other stock shall be authorized w iioutE the *aninfous consent of all shareholders, VI. * . The name and the:poot'.=office adds a >®ach incorporator is 7 as follows: Name hddre Kevin Howell 3451 antat'tan River Dr. Boise,,, ` LD 41,703 VII. >> The f irst Board og ,'directors rill Csvnsiet of three (3 ) directors, but during t1i term of for thereafter, the number of directors mey be 'increased ai4ncraed from time to time as may be provided by t",." By -Laws; pib vid however, that the ARTICLES OF INCORPORATION:,!— 2 d/corporate/howall-2. art MAY' 06 '99 10:29 208 377 2427 PAGE. 07 °' UJ/UO/'1777 lU. LO LUO-Jf f-L4L( fi JWfI ._ ._. , rNut Gts t: 1 number of directors c0nistk%ting a Boatit shalft not be lees than one (1) nor more than seven The following POisov re named 'i ectWs of the corporation to serve '•= until their vrcr ors are � tet hd qualified: ,Name Address Kevin Howell3451'Mant*tion River Dr. Boise ID ,5:,3703 Irene Howell 3451:ant4on River Dr. Bois. ID =::x;3703 VIII. All or any meed hg df,- the char ld's or of the Board -of Directors may be held witl 'n or with = -the "tate of Idaho. r IX.41 The stock in this oo pration shi° 1, the extent possible, be small business storkP r Section' s�94 t�`:the Internal Revenue Code. IN WITNESS WHLRE4F; . sb hav6 si t'licate originals of these Articles of I n�x'pottion this : d�;�;• of �i�s 1996. r ARTICLES OF INCORPORATIoN14: 3 d/corporate/howell-2-art <r r^ s MAY 06 '99 10:30 208 377 2427 PAGE.08 STATE OF IDAHO, c ®a COUNTY OF ADA, ) On thisday of 199 6,, Wifore'=4a the undersigned, a Notary PubliC�n and foX'��;t aid Stat®`'; per ally appeareKevin Howell known to me to toe person whd nail is subscribed to the foregoing Articles of Invo oration, aiA ack irlodged to me that he executed the same. IN WITNESS WHEM. ..: ave heroun a at Ity hand and affixed my official seal the day a at year in tifs c4iiificate firs above written. r THIS FORM FURNISHED COURTESY OF: Frr 1999VIR ►s P11 if 59.0?_5037 ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): 1250 & 1380 ABOVE THIS LINE FOR RECORDING DATA Order No.: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDREN PROPERTIES L.P., an Idaho limited partnership; THE SEMPER CHARITABLE FOUNDATION, also shown of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. J -U -B En ineers D APR 0 1 1999 B ISE, IDAHO TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: March 01, 1999 RENDRE OPERTIES L.P., an Idaho limited partnership �a BY 74 , r By : it Y4 L. Rend en, Jr. Gen. Partner erl*n H ndr n, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation By: By: William Agee, Chairman Treasurer Mary Agee, President Secretary JMP INVESTMENT COMPANY, a Utah limited partnership By: By: John M. Parrish, Jr. Gen. Partner Margaret Parrish, Gen. Partner W. Brent Maxfield Dorothy P. Maxfield TMS FORM FURNISHED COURTESY OF: 10 ALLIANCE TITLE & ESCROW CORP. 'READ & APPROVED BY GRANTEE(S): 1250 & 1380 SPACE ABOVE THIS LINE FOR RECORDING DATA_ Order No.: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDREN PROPERTIES L.P., an Idaho limited partnership; THE SEMPER CHARITABLE FOUNDATION, also shown of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD,. an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: March 01, 1999 HENDREN PROPERTIES L.P., an Idaho limited partnership By: By: Robert L. Hendren, Jr. Gen. Partner Merlyn C. Hendren, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation By: 4 �M&Z- e�- c9.�_ EV: , Wiiliam Agea, Chairman/Treasurer"/ hairman Treasurer Mar gee, resident Secretary JMP INVESTMENT COMPANY, a Utah limited partnership By: By: John M. Parrish, Jr. Gen. Partner Margaret Parrish, Gen. Partner W. Brent Maxfield Dorothy P. Maxfield THIS FORM FURNISHED COURTESY OF: ..0 ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): 1250 & 1380 ABOVE THIS LINE FOR RECORDING DATA_ Order No.: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDREN PROPERTIES L.P., an Idaho limited partnership; THE SEMPER CHARITABLE FOUNDATION, also shown of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated; March 01, 1999 HENDREN PROPERTIES L.P., an Idaho limited partnership By: By: Robert L. Hendren, Jr. Gen. Partner Merlyn C. Hendren, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation By: By; William Agee, Chairman Treasurer Mary Agee, President Secretary JMP INVESTMENT COMPANY, a Utah limited partnership InI BYBy: ohn M. Parrish, Jr. Gen. Partner Margaret Parrish, Gen. Partner W. Brent Maxfield Dorothy P. Maxfield THIS FORM(fISIIED COURTESY OF: ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): 1250 & 1380 ABOVE THIS LINE FOR RECORDING DATA Order No.: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDRFN PP.OPFRTIFS L.P., an Idaho limited partnership; THE SEMPER CHARITABLE FOUNDATION, also shown of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: March 01, 1999 HENDREN PROPERTIES L.P., an Idaho limited partnership By: By: Robert L. Hendren, Jr. Gen. Partner Merlyn C. Hendren, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation By: By: William Agee, Chairman Treasurer Mary Agee, President Secretary JMP INVESTMENT COMPANY, a Utah limited partnership By: By: John M. Parrish, Jr. Gen. Partner Margaret Parrish, Gen. Partner W. Brent Maxfiel Dorothy P. Maxfield TRIS FORM F*1ED COURTESY OF: ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRA^'TEE(S): 1250 & 1380 • ABOVE THIS LINE FOR RECORDING DATA Order No.: AT -99080429 KS WARIiANTY DEED FOR VALUE RECEIVED HENDREN PROPERTIES L.P., an Idaho lunited partnership; THE SEMPER CHARITABLE FOUNDATION, also shown,of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation;_ imp I INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY, unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation, 9 GRANTEE(S), whose current • address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following`described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "'A", which by this reference becomes a part hereof. TO HAVE AND. TO HOLD.. the" said�premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. 3 Dated: March 01, 1999 HENDREN PROPERTIES L.P., an Idaho limited partnership By: By: Robert L. Hendren, Jr. Gen. Partner Merlyn,C. Hendren, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation ^ By: By: William Agee, Chairman Treasurer Mary Agee, President Secretary JMP INVESTMENT COMPANY,,a Utah limited partnership By: By: John M: Parrish, Jr, Gen: Partner' Margaret Parrish, Gen..,Partner W. Brent Maxfield Dorothy Maxfi d cs STA',&kOF IDAHO, County of Ada, ss. On this �Hday of /14411-61-1 in.the year of 1999, before me, the undersigned, a Notary Public in and -for said State, personally appeared Robert L. Hendren, Jr. and Merlyn C. Hendren known or identified to me to be the partners�in the partnership of Hendren Properties L.P. and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same i sa d partnership name. Signature: Name: (Type or Print Residing At: /5- / d My Commission expires: i O p SG STATE OF CALIFORNIA ) BB-. COUNTY OF ) °4RANKI j'v%, pSARY ; * Z ~ '�•'° • tG 0% On before me, personally appeared William Agee and Mary Agee personally known to me or proved to me on the basis of satisfactory evidence to be the person whose names are subscribed,to the within instrument -ani acknowledged to me that they executed the same in their authorized capacities), and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary STATE OF UTAH, County of ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared John M. Parrish, Jr. and Margaret Parrish known or identified to me to be the partners in the partnership of JMP INVESTMENT COMPANY and the partners who subscribed -said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: (Type or Print) , Residing At: My Commission expires: STATE OF UTAH, County of , ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Brent Maxfield known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Signature: Name: (Type or Print) Residing At: My Commission expires: On *s day of in*e year of 1999. hefnre me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Hendren, Jr. and Merlyn C. Hendren known or identified to me to be the partners in the partnership of Hendren Properties L.P. and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: (Type or Print) Residing At: My Commission expires: STATE OF CALIFORNIA ) ss: COUNTY OF �N �,,,()c1 ) Ona- Q; C. before me, ` '11, personally a eared.William A ee and Mary Agee personally known to me or proved to on the basis of sati.s ac ory evidence to be the persons whose names are subscribed to the with— in instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the -persons acted, executed the instrument. WITNESS my hand and official seal. _ __-= �mmmmnnnrerourrrnnsnoen. _: PATRICIA ANN ELLIS COMM. #1182472 q �� NOTARY NOW - CAUFORMA Signature of Notary NA�A��, 5 My Commission Fires August 7, 2002 �rrrrurnrrwrrrrareeanrrerrurrrae`r' STATE OF UTAH, County of , ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared John M. Parrish, Jr. and Margaret Parrish known or identified to me to be the partners in the partnership of JMP INVESTMENT COMPANY and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: Residing At: My Commission expires: STATE OF UTAH, County of (Type or Print) ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Brent Maxfield known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Signature: Name: (Type or Print) Residing At: My Commission expires: AMYX BUILDER INC 10285 W ALLIANCE ST BOISE ID 83704-3969 E FRANKLIN RD KEVIN HOWELL PROPERTY PROPERTY OWNERS WITHIN 300' SHUTER ROBERT LESTER & EDNA M 1035 E FRANKLIN RD MERIDIAN ID 83642-5951 MERIDIAN CEMETERY MAINT DIST TERRY MCMORROW. SECY 989 W LOON ST MERIDIAN ID 83642-2893 895 E FRANKLIN RD PROPERTIES WEST INC 1401 SHORELINE DR BOISE ID 83702-6869 S ADKINS WAY MERIDIAN CEMETERY DIST TERRY MCMORROW SECY 989 W LOON ST MERIDIAN ID 83642-2893 E FRANKLIN RD HOWELL-MURDOCH DEVELOPMENT CORPORATION 1087 W RIVER ST SUITE 250 BOISE ID 83702 S LOCUST GROVE RD HENDREN PROPERTIES L P ETAL 3504 HILLCREST DR BOISE ID 83705-4503 N STPLkTFORD DR HON WILLIAM A - 50% AND HON R L-25% AND NORRIS W E-25% PO BOX 828 BOISE ID 83701-0828 E WATERTOWER LANE 605 FRANKLIN AVE HONOR PARK LLC PO BOX 828 BOISE ID 83701-0828 600 E WATERTOWER LANE DEPT OF LAW ENFORCEMENT STATE OF IDAHO ADMIN SERVICES DIVISION PO BOX 700 MERIDIAN ID 83680-0700 STRATFORD DR RAFANELLI AND NAHAS 1 BATES BLVD STE 200 ORINDA CA 94563-2803 630 E CORPORATE DR 740 E CORPORATE DR EVERETT MARVIN L 785 S LOCUST GROVE RD MERIDIAN ID 83642-6270 a p Ui• L1J&U1U, wuricy o= [jaa, ss. On(wis day of in*e year of 1999_ hafnrP me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Hendren, Jr. and Merlyn C. Hendren known'or identified to me to be the partners in the partnership of Hendren Properties L.P. and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: (Type or Print) Residing At: My Commission expires: STATE OF CALIFORNIA ) ss: COUNTY OF ) On before me, personally appeared William Agee and Mary Agee personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities), and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary STATE OF UTAH, County of $c/f /-A/cc , ss. On this q -bp day of _ n4a.,,4 in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared John M. Parrish, Jr. and Margaret Parrish known or identified to me to be the partners in the partnership of JMP INVESTMENT COMPANY and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. oy NOTARYPUHA ture: ow Bountiful. Utah 81010 Type or PrMy commissi xrMqy 2 V lffi g At: Cgm01 pDlRok ires: STATE OF UTAH, County of SS. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Brent Maxfield known or identified to me to be the person whose name is subscribed to the within instriiment, and acknowledged to me that he executed the same. Signature: Name: (Type or Print) Residing At: My Commission expires: STAjWF IDAHO, County of Ada, ss. On this day of in the year of 1999., before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Hendren, Jr. and Merlyn C. Hendren known or identified to me to be the partners in the partnership of Hendren Properties L.P. and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: (Type or Print) Residing At: My Commission expires: STATE OF CALIFORNIA ) ss: COUNTY OF ) On before me, personally appeared William Agee and Mary Agee personally known; to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities), and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary STATE OF UTAH, County of ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared John M. Parrish, Jr. and Margaret Parrish known or identified to me to be the partners in the partnership of JMP INVESTMENT COMPANY and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: (Type or Print Residing At: My Commission expires: STATE OF UTAH, County of .591,7 4'91"- , Ss. On this /�(Aj day of >u'.-lu, in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Brent Maxfield known or identified to me to be the person whose name.is subscribed to the within instrument, and acknowledged to me that he executed the same. Signature: Name: C oLL� i (Type or Print) Residing At: My Commission expires: a� 3 r— ------ N -71r Public' � COLLEEN RYAN 1 ' 60 E. S. Tcmple Ste. 900 3 2 Salt Lake City, Utah 84111 �� My 20M { January 24, STATE OF UTAH, County of�Af,aAe_ ss. On this 3_"� day of vroalicX in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared Dorothy P. Maxfield known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. Signature: Name: (?lZI /Ci F3• %3e�lr,�D (Type or Print) Residing At: (o 6- 0 T 9U/D j My Commission expires: yL aon/ D r w 4 1 ' r . �+ 4«� CARLA B. BELNAf- 3885 South Wasatch Blvd. S.L.C., UT a 109 : CommiSSICN EXPIRES APRIL i5, 2001 STATE OF UTAH } D ` ORDER NO. AT=99080429;:.KS t - EXHIBIT "A" t PARCEL I: A parcel of land being a portion of the"'Southwest Quarteriof the Northeast 'Quarter of Section 18, Township 3 North, Range'l East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as';follows: u COMMENCING at the Northwest corner of the Southwest Quarter of the Northeast Quarter (the center North 1/16 corner) of Section 18, Township 3 North, Range 1 East, Boise Meridian, the REAL POINT OF BEGINNING of this description; thence North 89 degrees 39'35"East 666.56 feet aiong the North line of the Southwest Quarter of the Northeast Quarter to a point; thence South 00 degrees 29133" West 330.00 feet parallel with the East line of the Southwest Quarter of the Northeast Quarter to a point; thence North 89 degrees 39135" East 660.00 feet parallel with the North line of the Southwest Quarter of the Northeast Quarter to a point on the East line of the Southwest Quarter of the Northeast Quarter; thence South00degrees 29133" West 164.18 feet along the East line of the Southwest Quarter of the Northeast Quarter to a point; thence South 89 degrees 39135" West 1326.36 feet parallel with the North line of the Southwest Quarter of the Northeast Quarter to a point on the West line of the Southwest Quarter of the Northeast Quarter; thence North 00 degrees 28109" East 494.18 feet along the West line of the Southwest Quarter of the Northeast Quarter to the REAL POINT OF BEGINNING of this description. PARCEL II: A parcel of land being a portion of the Southwest Quarter of the Northeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northwest corner of the Southwest Quarter of the Northeast Quarter (the center North 1/16 corner) of Section 18, Township 3 North, Range 1 East, Boise Meridian; thence North 89 degrees 39135" East 666.56 feet along the North line of the Southwest Quarter of the Northeast Quarter to the REAL POINT OF BEGINNING of this description; thence continuing North 89 degrees 39135" East 660.00 feet to the Northeast corner of the Southwest Quarter of the Northeast Quarter; thence South 00 degrees 29'33" West 330.00 feet along the East line of the Southwest Quarter of the Northeast Quarter to a point; thence -1- Continuation -of Exhih* A Order No.:AT-99080429 KS R South 89 degrees 39135" West 660.00 feet parallel with the North line of the Southwest Quarter of the Northeast Quarter to a point; thence North 00 degrees 29'33" East 330.00 feet parallel with the East line of the Southwest Quarter of the Northeast Quarter to the REAL POINT OF BEGINNING of this description. -2- p0 w- Z z O O M Ln U N Ln O m m o C)m Q� D U) wCom/) J �v m m U) Q M � � o L1J Q I LTJ N W xN Waft zs► as OHOJIV81S N 0 g Memo To: STEVE SIDDOWAY, CITY OF MERIDIAN From: NANCY TAYLOR, J -U -B ENGINEERS CC: KEVIN HOWELL CONSTRUCTION Date: 05/19/99 Re: POSTING AFFIDAVIT THIS IS TO CERTIFY THAT THE APPLICANT WILL POST THE PROPERTY ONE WEEK BEFORE THE PUBLIC HEARING. THE POSTING WILL STATE THAT THE APPLICANT IS APPLYING FOR A VARIANCE. SIGNED: NANCY TAY OR , J -U -B ENGINEERS, Inc. 0 Page 1 KEVIN HOWELL PROPERTY PROPERTY OWNER&WITHIN 300' AMYX BUILDER INC 10285 W ALLIANCE ST BOISE ID 83704-3969 E FRANKLIN RD SHUTER ROBERT LESTER & EDNA M 1035 E FRANKLIN RD MERIDIAN ID 83642-5951 MERIDIAN CEMETERY MAINT DIST TERRY MCMORROW SECY 989 W LOON ST MERIDIAN ID 83642-2893 895 E FRANKLIN RD PROPERTIES WEST INC 1401 SHORELINE DR BOISE ID 83702-6869 S ADKINS WAY MERIDIAN CEMETERY DIST TERRY MCMORROW SECY 989 W LOON ST MERIDIAN ID 83642-2893 E FRANKLIN RD HOWELL-MURDOCH DEVELOPMENT CORPORATION 1087 W RIVER ST SUITE 250 BOISE ID 83702 S LOCUST GROVE RD /Z der+ mail ingi (T�/, 73 76 Zo, HENDREN PROPERTIES L P ETAL 3504 HILLCREST DR BOISE ID 83705-4503 N STRATFORD DR EON WILLIAM A - 50% AND HON R L-25% AND NORRIS W E-25% PO BOX 828 BOISE ID 83701-0828 E WATERTOWER LANE 605 FRANKLIN AVE HONOR PARK LLC PO BOX 828 BOISE ID 83701-0828 600 E WATERTOWER LANE DEPT OF LAW ENFORCEMENT STATE OF IDAHO ADMIN SERVICES DIVISION PO BOX 700 MERIDIAN ID 83680-0700 STRATFORD DR RAFANELLI AND NAHAS I BATES BLVD STE 200 ORINDA CA 94563-2803 630 E CORPORATE DR 740 E CORPORATE DR EVERETT MARVIN L 785 S LOCUST GROVE RD MERIDIAN ID 83642-6270 'r ;'.: `.� .. s �� J'= - - f. i f 3 CIN OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 ,mer's No. Date __ `j �f CXS-� SCh2ciule fh i 5 -For- {40,j5-11 - 1v1�., ;-do c k v - �Qari n q a t�'t 2 ( SS pe, � P. p. when i+ J61 -'c5 +n �1G I BY - -- - C.O.D. CHARGE ON ACCT. PODSEE..hRE D�. PAID OUT Tha rix s ! ,/ i zZ A,9 P ii CP P yo before PJ -L on 6/8/99 All claims and returned goods MUST be accompanied by 0009227 Received By GS -202-2 PRINTED IN U.S.A. A VNINTEO WIiH �i SOYINK„ I_ I I TAX TOTAL py -7 r; / Z � tAvj 'Oo 0 c „ m y 0 D ` ,N a ❑ 03 n --a m ❑ 0 m o LJ1 a 'm r la D ru ,a m W,a 1a r a0 a W o 13 A ru m X so 0 r LJl ;F W D W D �❑ z n ❑ m O 0 "o 03 T3 Ln T m ^ ,r y Y 1 m0OD m --I Mm j Z N 0 O O _ter' za CD m m e n h N N m � £ C'7 O.' v G D m" boll a z c 6- M 0 C— ` ` h z Q • r• a T rt m ti O I H in m . I Ln w ui N (lO O z O I I n 0 O N rLj w a V rn 00 0 cc my O N vvc rrD� O O -� mm, O� r mZ O r„ , 8 = z M W aN O c �n O W y (n� IM > f.:00 o O l`3 W o I: WW -- 2 ru O O3m zh C!o N -8 _•� ' CC M �� r u ru j, ru rfl W I; c 1 o _ LL w0 4W� �C tL C HCr vi y OW � CU C0 O LL la 'Oo 0 c „ m y 0 D ` ,N a ❑ 03 n --a m ❑ 0 m o LJ1 a 'm r la D ru ,a m W,a 1a r a0 a W o 13 A ru m X so 0 r LJl ;F W D W D �❑ z n ❑ m O 0 "o 03 T3 Ln T m ^ ,r y Y 1 m0OD m --I Mm j Z D w w 0 N 0 O O c CD m m n £ O.' v G D m" boll a z c M C— CL ` • C z m • r• N rt m z O z in m . m Ln w ui N (lO O z O a n 0 O N m N w V rn 00 W cc my O N vvc rrD� 4 ZZZ mm, O� mZ O 8 = D w w 0 iW ", CCJMTY RECORDEP, THIS FORM FURNISHED COURTESY 00OO,- � -0 I P U T 19991;R 15 ['i1 11 18 039.025037 ALLIANCE_ TITLE & ESCROW CORP. ALQA,r fC READ & APPROVED BY GRANTEE(S): 1 SPACE ABOVE THIS LINE FOR RECORDING DATA 1250 & 13801 Order No:: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDREN PROPERTIES L.P., an Idaho limited partnership; THE'SEMPER CHARITABLE FOUNDATION, also shown of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL -MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. J-U-B!n,neers D APR1999 Ki "Ju V B ISE, IDAHO TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable,, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: March 01, 1999 HENDRE OPERTIES L.P., an Idaho limited partnership BY : 7� By :. e L. Hend en, Jr. Gen. Partner erl. H ndr n, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation By: By: William Agee, Chairman Treasurer Mary Agee, President Secretary JMP INVESTMENT COMPANY, a Utah limited partnership By: By: John M. Parrish, Jr. Gen. Partner, Margaret Parrish, Gen. Partner W. Brent Maxfield G Dorothy P. Maxfield ..-....._raa. ?2Sn3..`�1,:-3+i!, 4dY„ry'L?iff" ..anw.i�<fi Cm.�. �.� �15:�_M'GSF•� ��`�3:ffi"�a.�..:'' :r. M. .. >s--.. -_ 4•y. a_'�ry.,r....:.ss..:� .... 2�sl , THIS FORM FURNISIIED COURTESY O ALLIANCE TITLE & ESCROW CORP., READ & APPROVED BY GRANTEE(S): 1250 & 1380 SPACE ABOVE THIS LINE FOR RECORDING DATA Order No.: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDREN PROPERTIES L.P., an Idaho limited partnership; THE SEMPER CHARITABLE FOUNDATION, also shown of,record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE , ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: March 01 ,, 1999 HENDREN'PROPERTIES L.P., an Idaho limited partnership By: By: Robert L. Hendren, Jr. Gen. Partner Merlyn C. Hendren, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation By: �1� By:Al""1'1�i William Age -e-, ChairmanTreasurer• Mar gee, resident Secretary JMP INVESTMENT COMPANY, a Utah limited'partnership By By John M. Parrish, Jr. Gen. Partner Margaret Parrish, Gen. Partner W. Brent Maxfield Dorothy P. Maxfield THIS FORM FURNISHED COURTESY 00 ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): 1250 ,.& 1380 0 SPACE ABOVE THIS LINE FOR RECORDING DATA Order No.: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDREN PROPERTIES L.P., an Idaho limited - partnership; THE SEMPER CHARITABLE FOUNDATION, also shown of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. I TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend- the efendthe same from all lawful claims whatsoever. Dated: March 01, 1999 HENDREN PROPERTIES L.P., an Idaho limited partnership By: By: Robert L. Hendren, Jr. Gen. Partner Merlyn C. Hendren, Gen. Partner THE SEMPER CHARITABLE FOUNDATION,,a_„Delaware corporation By: By: William Agee, Chairman Treasurer Mary Agee, President Secretary JMP INVESTMENT COMPANY, a Utah limited partnership By- BY: ..--- ohn M. Parrish, Jr. Gen. Partner Margaret Parrish, Gen. Partner W. Brent Maxfield Dorothy P. Maxfield MIS FORM FURNISHED COURTESY OF: ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): I , 1250 & 1380 ABOVE THIS LINE FOR RECORDING DATA Order No.: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDREM PROPERTIES L.P., an Idaho limited partnership; THE SEMPER CHARITABLE FOUNDATION, also shown of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P. MAXFIELD, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this. reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s); that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend .the same from all lawful claims whatsoever. Dated: March 01, 1999 HENDREN PROPERTIES L.P., an Idaho limited partnership By: By: Robert L. Hendren, Jr. Gen. Partner Merlyn C. Hendren, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation By: By: William Agee, Chairman Treasurer Mary Agee, President Secretary JMP INVESTMENT COMPANY, a Utah limited partnership By: By: John M. Parrish, Jr. Gen. Partner Margaret Parrish, Gen. Partner W. Brent Maxtiel Dorothy P. Maxfield P( • THIS FORM FURNISHED COURTESY OF: ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): 1250 & 1380 i I SPACE ABOVE THIS LINE FOR RECORDING DATA Order No.: AT -99080429 KS WARRANTY DEED FOR VALUE RECEIVED HENDREN PROPERTIES L.P., an Idaho limited partnership; THE SEMPER CHARITABLE FOUNDATION, also shown of record as SEMPER CHARITABLE FOUNDATION, INC., a Delaware corporation; JMP INVESTMENT COMPANY, a Utah limited partnership; W. BRENT MAXFIELD, an umarried man DOROTHY P..MAXFIELD, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto HOWELL-MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation GRANTEE(S), whose current address is: 1087 W. RIVER STREET STE 250, BOISE, ID 83702 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: March 01, 1999 HENDREN PROPERTIES L.P., an Idaho limited partnership By: By: Robert L. Hendren, Jr. Gen. Partner Merlyn C. Hendren, Gen. Partner THE SEMPER CHARITABLE FOUNDATION, a Delaware corporation By. By: William Agee, Chairman Treasurer Mary Agee, President Secretary JMP INVESTMENT COMPANY, a Utah limited,partnership By: By; John M. Parrish, Jr. Gen. Partner Margaret Parrish, Gen. Partner W. Brent Maxfield Dorothy 1AJ. Maxfi d STATE OF IDAHO, Cc ty of Ada, ss. 40 On this Zyday of / rIlLGl1 in the year of 1999, -before me, the undersigned, -a Notary Public in and for -said State, personally appeared Robert L. Hendren, Jr. and Merlyn C. Hendren, known or identified to me to be the partners in the partnership of Hendren Properties L.P. and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same„i sa d partnership name. Signature: Name: Residing At: My Commission expires: STATE OF CALIFORNIA ) ss: COUNTY OF ) (Type or Print t d' -P G�crrnrcrr�r.Qo�a �NKLj�.�'o�` ,•' 4-T AR I- r e G 'Lai P U D'1- J0 °oT'9 rE OF 19 � On before me, personally appeared William Agee and Mary Agee personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities), and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary STATE OF UTAH, County of ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared John M. Parrish, Jr. and Margaret Parrish known or identified to me to be the partners in the partnership of JMP INVESTMENT COMPANY and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: (Type or Print) Residing At: My Commission expires: STATE OF UTAH, County of , ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Brent Maxfield known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me thatheexecuted the same. Signature: Name: (Type or Print) Residing At: My Commission expires: STATE OF IDAHO, C ty of Ada, ss. • On this day of in the year of 1999 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Hendren; Jr. and Merlyn C. Hendren known or identified to me to be the partners in the partnership of Hendren Properties L.P. and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signatl,re : Name: (Type or Print) Residing At: My Commission expires: STATE OF CALIFORNIA ) ss: COUNTY OF hj C'4c, ) On nc.a c , d , `GiLlc"i before me, personally apt)earecl.William A ee and Mary Agee personally known tome or proved to me on the basis of sates ac ory evidence to be the persons whose names are subscribed to the within instrument na d acknowlec�iged to me that they executed the same in their authorized capacities), and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. PATRICIA ANN ELLIS COMM. #1192472 NXAW PUBLIC - CAUFORNV-, Signature of Notary NAFAOWNTy My Commission Expires August 7, 2002 a 7 00000i010000000000tl:@890000tl0000000G' STATE OF UTAH, County of ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared John M. Parrish, Jr. and Margaret Parrish known or identified to me to be the partners in the partnership of JMP INVESTMENT COMPANY and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: (Type or Print) Residing At: My Commission expires: STATE OF UTAH, County of ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Brent Maxfield known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me. that he executed the same. Signature: Name: (Type or Print). Residing At: My Commission expires: E ...: .„Ya- �.�: .:",a�...,u--.-.,,� .._<;_�, .,��,.; ..,.-...:�x,�; .v ..,...;. ��-;:- _-.-r -•:� .. ;rK -_tea_ ,. "'?">`- -- �-^.> -. El STATE OF IDAHO, Cty of Ada, ss. . On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Hendren, Jr. and Merlyn C. Hendren known or identified to me to be the partners in the partnership of Hendren Properties L:P. and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: Residing At: My Commission expires: STATE OF CALIFORNIA ) S'S: COUNTY OF ) (Type or Print) - On before me, personally appeared William Agee and Mary Agee personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities), and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary STATE OF UTAH, County of .5c(1 , ss. On this q-41' day of in the year of 1999, before me, the undersigned, a Notary Public in and,for said State, personally appeared John M. Parrish, Jr. and Margaret Parrish known or identified to me to be the partners in the partnership of JMP INVESTMENT COMPANY and -the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same.in said partnership name. ,or r„,PiNOTARY PURMCinE ture : Joanna D. Me �t 1506 East Lakevi R Bountiful. Utah 64010 TType or ,Print ) My Commtssi0xp�Tfi g At '••• y C 07%4 to xp i r e s : STATE OF UTAH, County of ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Brent Maxfield known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Signature: Name: (Type or Print) Residing At: My Commission expires: STATE OF IDAHO, CcetT of Ada, ss. On this day of in the year of 1999., before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Hendren,`Jr. and Merlyn C.. Hendren' known or identified to me to be the partners in the partnership of Hendren Properties L.P. and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the same in said partnership name. Signature: Name: Residing -At : My Commission expires: STATE OF CALIFORNIA ss: COUNTY OF (Type or Print) On before me, personally appeared William Agee and Mary Agee personally known to=me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities), and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary STATE OF UTAH, County of ss. On this day of in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared John M. Parrish, Jr. and Margaret Parrish known or identified to me to be the partners in the partnership of JMP'INVESTMENT COMPANY and the partners who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that they executed the.same in said partnership name. Signature: Name: Residing At: My Commission expires: (Type or Print) STATE OF UTAH, County of S90- , ss. On this /-2dly day of ,%% �+ ��/ in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared W. Brent Maxfield known or identified to me to be the person whose name.is subscribed to the within instrument, and acknowledged to me that he executed the same. Signature: Name: (Type or Print) Residing At: - My Commission expires: I ,Nt Public COLLEEN RYAN 1 60 E. S. Tcmple Stec 900 1 1 Salt Lake City, Utah 84111 1 1 tarty Commission Erpkes 1: January 24, 2000 1 State of Utah STATE OF UTAH, County of�eQhe ss. On this 54A da_y. of, V)2CL'1CX in the year of 1999, before me, the undersigned, a=Notary Public in and for said State, personally appeared Dorothy P. Maxfield known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. Signature: Name: earin a BP LrIL<D (Type or Print) Residing At: (o - - -76-?) tT .94/10 My Commission expires: CARLA B. BELNAF f x n 3885 South Wasatch Blvd. S.L.C., UT 84109 COMMISSION EXPIRES APRIL --.5, 2001 FF,..:....�...�.- STATE OF 01AN Meridian City Council Meeting Y August 3, 1999 Page 9 I Stiles: Yes. Corrie: Okay. - Anderson: Mr. Mayor, I would make a motion that we table this item then until the August 17th meeting. Rountree: Second. Corrie: Motion is made Mr. Anderson second by Mr. Rountree to table item number three on the final plat for Maws No. 3 Subdivision until August 17th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ,4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP DAYCARE OF 6-12 CHILDREN BY VOANNA C. WARD D/B/A VO'S DAYCARE -924 E. 4Th STREET: Corrie: Council you have the conditional use permit Findings of Fact and Conclusions of Law. Are there any discussion or questions of staff that you might have? Bentley: I have none. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the conditional use Findings of Fact and Conclusions of Law. Bentley: Mr. Mayor I move we approve the Findings of Fact and Conclusions of Law and request for conditional use permit for a daycare of 6-12 children by Voanna Ward, Vo's Daycare. Anderson: I'll second that. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve the Findings of Fact and Conclusions of Law on item number four. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE FROM 1,000 FOOT MAXIMUM BLOCK LENGTH FOR DEE JAY SUBDIVISION BY J -U -B ENGINEERS, INC – EAST OF STRATFORD DR & NORTH & SOUTH OF WATERTOWER LN: Corrie: You have the Findings of Fact and Conclusions of Law in front of you. Is there any discussion with staff? Meridian City Council Meeting August 3, 1999 Page 10 fr Bentley: I have none. Corrie: Hearing none, I'll entertain a motion on the Findings of Fact and Conclusions of Law on item number five. Bentley: Mr. Mayor I move we approve the Findings of Fact and Conclusions of Law and Decision and Order granting a variance to JUB Engineering for Dee Jay Subdivision for block length of 1,000 feet excess of 1,000 feet, excuse me. Anderson: Second. Corrie: Motion is made and seconded that we approve the Findings of Fact and Conclusions of Law on item number five. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA, MOTION CARRIED: ALL YEAS. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE SUBDIVISION NO. 2 BY LARRY & KAY HANSEN—BROADWAY & 8T" STREET (951 W..PINE STREET): 9 Corrie: Does Council have any questions from staff on the Conclusions of Law? Bentley: I have none. Corrie: I'll entertain a motion on the item number six. Anderson: Mr. Mayor, 1 would make a motion that we approve the Findings of Fact and Conclusions of Law and Decision and Order for Tremont Place Subdivision No. 2. Rountree: Second. Corrie: Motion made is made and seconded to approve the Findings of Fact and Conclusions of Law on item number six. Any further discussion? Hearing none, roll cal vote. A ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 7. REZONE ORDINANCE #836 OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE CR MERIDIAN CITY COUNCIL MEETING: AUGUST 3.1999 APPLICANT: DEE JAY SUBDIVISIONIJ-U-B ENGINEERS, INC. AGENCY ITEM NUMBER: 5 REQUEST: F/FBC/L• REQUEST FOR VARIANCE FROM 1,000 MAXIMUM BLOCK LENGTH f' EAST OF STRATFORD DR & NORTH & SOUTH OF WATERTOWER LANE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE F/F&C/L ATTACHED CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. A �CE J U L 2 9 1999 n_ t m e r o f f i c eCit Y of Meridian erk Office y CI I.EMORANDUM o: William G. Berg, Jr. rom: Wm. F. Gigray, IIIA . subject: DEE JAY SUBDIVISION VARIANCE FILE NO.: VAR -99-001 Date: July 26,.1999 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A VARIANCE, pursuant to action of the Council at their July 20, 1999, meeting. The Findings will be"on the Council's agenda for August 3, 1999, meeting. Please serve copies of the Findings upon the Applicant and appropriate departments if Council approves the Findings. If you have any questions arise please advise. msg/ZAWork\M\Meridian 15360M\DeeJay SubdivisionUkVAR072699.Mem BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) CASE NO. VAR -99-001 APPLICATION OF 1 -U -B ) ENGINEERS, INC., FOR A ) VARIANCE FOR SOUTH OF ) FINDINGS OF FACT AND CEMETERY AND NORTH OF ) CONCLUSIONS OF LAW AND IDAHO STATE POLICE, ) ORDER OF DECISION MERIDIAN, IDAHO ) GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 20, 1999, and the City Council having received the transmittal to agencies and having received the variance application, and Shari Stiles, Planning and Zoning Administrator, testified, and Gary Lee of J -U -B Engineers, Inc., appeared and testified, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January 4, 1994 and Maps. ;: 2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 OF 9 DECISION AND ORDER GRANTING A VARIANCE J -U -B ENGINEERS, INC. FOR DEE JAY SUBDIVISION U id 419 D as evidenced in the record of this matter. • 3. The Applicant is Nancy A. Taylor of J -U -B ENGINEERS, INC. whose ldress is 250 S. Beechwood #201, Boise, ID 83709. The location of the subject . perty is E. Watertower Lane and S. Stratford, Meridian, Idaho. 4. The legal description of the property appertains to the real property that is included within the conditionally approved Preliminary Plat of Dee Jay Subdivision as appears in the record of proceeds of this matter. 5. The present land use of subject property is zoned (C -G) General Retail and Service Commercial, and contains 15.27acres of vacant land. 6. The proposed land use of subject property is to develop the subject property in the following manner: a 14 -lot commercial subdivision. 7. The proposed site of the linear east -west subject property is bordered on the north and south by two developed properties; the cemetery and the Idaho State Police Headquarters. 8. That a vicinity map of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 9. That a schematic drawing, of which is attached to these findings marked Exhibit "A" has been supplied. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 OF 9 DECISION AND ORDER GRANTING A VARIANCE J -U -B ENGINEERS, INC. FOR DEE JAY SUBDIVISION 10. The Applicant requests a variance of the provision,of Section 11-9-605(E), BLOCKS, of the Meridian City Zoning, Subdivisions and Development for a C -G Zone which states as follows: "Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary; blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length". The minimum requirements need to be increased from 1,000 feet to 1327.10 feet' to allow for a legal block as shown on "Preliminary Plat of Dee Jay Subdivision", dated APRIL 30, 1999, DRAWN BY: LHK, DESIGN BY: LHK, CHECKED BY: GAL, ARCHIVE LOCALE: B990427, PROJECT NO.: 11557, SHEET 1 OF 2, BY: J -U -B ENGINEERS, INC., KEVIN HOWELL CONSTRUCTION. are: 11. The existence of special circumstances or conditions affecting the property 11.1 The subject property could be developed as submitted (see Dee Jay Subdivision plat), and meet the Ordinance standards. However, there will be unnecessary expense in the construction of two stub streets to the adjacent City Cemetery and Idaho State Police Headquarters that are already developed properties and unlikely to redevelop in the foreseeable future. The required stub streets (S. Baltic Street) will require the construction of 436 feet of additional street that will not be used in the foreseeable future. 11.2 The subject property was purchased by applicant which was a 15 -acre site, located east of the Central Valley Corporate Park, for a commercial subdivision in 1999. The property extends from S. Stratford Drive east to the Hunter Lateral on the east line of the NW1/4, NE 1/4 of section 18, or a distance of approximately' 1327 feet. The special circumstances arose with the 1/4 section length of the property and the existence of both the City Cemetery and the Idaho State Headquarters located to the north and south of the proposed development. The circumstances are not attributable to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 OF 9 DECISION AND ORDER GRANTING A VARIANCE J -U -B ENGINEERS, INC. FOR DEE JAY SUBDIVISION actions of the applicant. 12. Strict compliance with the requirements of § 11-9-605 (E) of the Municipal -ode of the City of Meridian would result in extraordinary hardship to the owner, and developer, because the conditions and requirements of the ordinance would result in the prevention of unnecessary construction of stub streets that likely will never connect with existing adjacent land uses. 13. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property"in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance, will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 14. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and or the City's Comprehensive Plan for the reasons stated -in finding of fact number 12 and 13. 15. The applicant paid the fee established by the City Council for, application t variance. CONCLUSIONS OF LAW l . The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, .by the FINDING§ OF FACT AND CONCLUSIONS OF LAW - PAGE 4 OF 9 DECISION AND ORDER GRANTING A VARIANCE J -U -B ENGINEERS,.INC. FOR DEE JAY SUBDIVISION iN provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of'applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in § I 1-2-419 of the Municipal Code of the City of Meridian. 3. 'That the requirements afor the processing'of a variance request are set forth in Idaho Code §§ 67=6509, 6516'andW11-2-416E,and 418E Municipal Code of the City of Meridian. res , leis ;4 , Applica ion ` and, standards ,for 4variances are, ,set_ forth, imj,§ 11 #2-419B jn­ Municipal Code of the City of Meridian, and the findings which are required are set forth s. *� $ 1k 3 Kc in ,§ 11 -2 -4'19C, -'include ,`r`equired findings' that "there, are ,special circumstances dor �� t � �. � �.a •h€,�yf t :' �Y 2i�i". .. �..� conditions affecting the 'pro- p.erty that strict application of the, provisions 4;Zoning,and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements `o£ tYiesZoningand Development Ordinance would result in' extraordinary hardship to the owner;IsitBdividet�-or. developer because unusual to .} o a h' the nature or condition "of ad'aden0develo fent; ,or� other. h sical P �P Y� ) P+� -P y> conditions or other conditions that make strict compliance with the ordinance unreasonable under the' eircum"stances,­or that the -'conditions and requirements,of-said ordinance will result'in inhibiting the achievements or the objectives of the ordinance, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 OF 9 DECISION AND ORDER GRANTING A VARIANCE J -U -B ENGINEERS, INC. FOR DEE JAY,SUBDIVISION' COUNCILMAN KEITH BIRD :FINDINGS OF FACT AND CONCLUSIONS O DECISION AND ORDER GRANTING A VAR] J -U -B ENGINEERS, INC. FOR DEE JAY SUBI that the granting of a specified variance will not be detrimental to the public's welfare or injurious" to other property in the area in -which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. " Section 11-9-605(E), BLOCKS, of the Municipal Code of the City of Meridian provides for a C -G Zone which states as follows: "Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature onsubdivision boundary; blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000) in length". The minimum requirements need to be increased from 1,000 feet to 132 7. 10 feet to allow for a legal block as shown on "Preliminary Plat of Dee Jay Subdivision", dated APRIL 30,. 1999, DRAWN BY: LHK, DESIGN BY: LHK, CHECKED BY: GAL, ARCHIVE LOCALE: B990427, PROJECT NO'.: 11557, SHEET 1 OF 2, BY: J -U -B ENGINEERS, INC., KEVIN HOWELL CONSTRUCTION. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That J -U -B ENGINEERS, INC., is hereby granted a block variance from 1,000 feet to 1,327.10 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 OF 9 DECISION AND ORDER GRANTING A VARIANCE J -U -B ENGINEERS, INC. FOR DEE JAY SUBDIVISION NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an, affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Block requirements of the C -G Zone as provided in § 11-9-605(E) to allow the minimum requirements to be increased from 1,000 feet to 1327.10 feet to allow for a legal block as shown on "Preliminary Plat of Dee Jay Subdivision", dated APRIL 30, 1999, DRAWN BY: LHK, DESIGN BY: LHK, CHECKED BY: GAL, ARCHIVE LOCALE: B990427, PROJECT NO.: 11557, SHEET 1 OF 2, BY: J -U -B ENGINEERS, INC., KEVIN HOWELL CONSTRUCTION, may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. rd By action of the City Council at its regular meeting held the 3 day of OM %441 , 1999. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 OF 9 DECISION AND ORDER GRANTING A VARIANCE J -U -B ENGINEERS, INC. FOR DEE JAY SUBDIVISION i COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. B f Dated: City Cleric ,,���ttsoarrttiurr+r�, r, �� •� Of rjr msg\Z:\Worlc\M\Meridian 15360M\DeeJay Subdivision\FFCLDecOrd.VAR M BIRAL {"'69r/�lit�ifl FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 OF 9 DECISION AND ORDER GRANTING A VARIANCE J -U -B ENGINEERS, INC. FOR DEE JAY SUBDIVISION r a EXHIBIT "A" OF THE FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 9 OF 9 DECISION AND ORDER GRANTING A VARIANCE J—U—B ENGINEERS, INC. FOR DEE JAY SUBDIVISION t. 6. Meridian City Council Meeting July 20, 1999 Page18 Rountree: Does that motion include the inclusion of recommendations from planning and zoning? Bentley: Yes. Corrie: Any further discussion? Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I guess I'd just like to be on record that I don't have any particular problems with this project; but as we've discussed in the past,,this whole area around the central valley and the area that's coming out onto Stratford and that's going to eventually be dumping onto Locust Grove, that everyone of these projects that we approve in this area iscompounding the problem. I don't think the roads were put in wide enough to begin with and we're inching ever closer to Locust Grove where we're going to be dumping traffic onto.that road; a road that has not been scheduled for any improvements yet. So, I just want to be on record as throwing out kind of a precautionary statement that I think we're asking for trouble in this area by getting too dense. Corrie: Who are you calling dense? Bentley: Just pick one of us. Corrie: Any further comments? Hearing none, all in favor of the motion, say aye. Opposed, no. MOTION CARRIED: ALL AYES ITEM #8 CONTINUED PUBLIC HEARING: REQUEST FOR VARIANCE FROM 1000 FOOT MAXIMUM BLOCK LENGTH FOR DEE JAY SUBDIVISION BY J -U -B ENGINEERS, INC. ---EAST OF STRATFORD DR & NORTH & SOUTH OF — WATERTOWER LN: Corrie: At this time I'll open the continued public hearing and invite staff comments first END'OF SIDE 1 Stiles: Mr. Mayor and council, as I mentioned previously, the request was to exceed the 1000 foot block length requirement and staff recommends the approval of that variance, as the access is not needed to either of the adjacent properties. As the plat is already c� A Meridian City Council Meeting July 20, 1999 Yage19 now -approved, it's kind of a mood point but I believe the findings would need to be prepared for the variance. They didn't indicate the cul-de-sac length. I guess Gary and have a little difference of opinion. I still consider this as going to be a cul-de-sac until such time as it is connected, but it will exceed our cul-de-sac length by 450 feet. But that's primarily a fire department requirement due to the spacing of the hydrants. If they had no objections, staff would have no objections to that either. Corrie: Ok, is there anyone else from the public who would like to issue testimony in this variance request. Lee: Yes, my name is Gary Lee with J -U -B Engineers 250 S. Beachwood in Boise. I just wanted to reaffirm my statements I made during the previous public hearing of the preliminary plat. Again, I'd like to answer any questions that you may have about the block length and/or the requirement for the variance on that cul-de-sac length. I mentioned in my letter to staff in response to that, it was our view that it was a stub street with the intent of continuation in the future, but we will provide a temporary turnaround for emergency vehicles. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On the last deal he agreed to all the comments and 1.21 states that they will pave a temporary turnaround at the east end of the stub with a temporary easement provided to the district designed that the turnaround should be coordinated with the district staff. So, that's all covered. Corrie: Any further comments? Bird: I have none. Bentley: Thank you. Corrie: Thank you. Anyone else from the public would like to issue testimony. Council do you have any questions for the staff or further questions on the public hearing? Bentley: I have none. Bird: I have none. Corrie: I entertain a motion to close the public hearing. Bentley: So moved. 0 Meridian Ci Council City Meeting July 20, 1999 Page20 Rountree: Second. Corrie: Motion made and seconded to close the public hearing on item #8. Further discussion? Hearing none,41 in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor? Corrie: Mr. Rountree. Rountree: I move that we have the city attorney prepare findings of fact and conclusions of law to reflect favorably on the request for variance for this application. Bird: Second. Corrie: Ok, motion made and seconded to have the attorney draw up the findings of fact and conclusions of law in favor of the variance and (inaudible) proper order. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ITEM #9 CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE SUBDIVISION NO 2. BY LARRY & KAY- HANSEN---BROADWAY & 8T" STREET (951 W. PINE STREET): Corrie: At this time we'll open the public hearing and we'll have the staff comments first, Shari. Stiles: Mr. Mayor and council, this rezone application was submitted due to the fact that -there was an error on the original ordinance as far as rezoning it to a R-4. But the R-4 also placed conditions on it that it was required to be developed as a planned development and that town house units be proposed. They now want to develop in conjunction with Tremont Place Subdivision No. 1, and would like to,continue the single -family residential development that they have with Tremont Place Subdivision No. 1. 1 guess I'll just address just that rezoning right now. We have the plat right after this so if you have any questions. Corrie: Any questions for the staff? Bird: I have none. MERIDIAN CITY COUNCIL MEETING:_ JULY 20, 1999 APPLICANT: JUB ENGINEERS AGENDA ITEM NUMBER: 8 REQUEST: VARIANCE FOR DEE JAY SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 7/6/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: 11 IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting July 6, 1999 Page 41 Bowers: Mayor Corrie and Councilman Bird yeah, that is correct at that time and we would have to look at it a little farther and see and go into our code and go into the building code and see. Corrie: We're into public testimony again after we shut it off. Let's if you want to open it again, we can do that. Bird: No, I think Councilman Anderson had the idea. Corrie: You had an option to continue it or table these proceedings and continuing it would be a'public hearing on the 20th of July. Bentley: I think if you're going to have some research done, it's going to have to be continued. Corrie: If that would be your choice, I'll entertain a motion -to continue the public hearing. Bentley: Yes, but you already have a motion to close it so you're going to have to reopen -it. Corrie: We can open it if that's what you're asking for. Bird: We didn't vote on_ closing it, did we? Corrie: Yes. So I'll entertain a motion to open the public hearing. Bentley: So moved. Bird: Second. Corrie: Motion made and second to reopen the public hearing. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor I move that we continue this public hearing to July 20th, 1999. Bentley: Second. Corrie: Motion is that we continue the public hearing to be on the first of the agenda on July 20th, 1999. Any further dis;;ussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 14. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR DEE JAY SUBDIVISION (14 BUILDING LOTS ON 15.04 ACRES) BY J -U -B ENGINEERS, INC— EAST OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER LN: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 15. PUBLIC HEARING: REQUEST FOR VARIANCE FROM 1,000 FOOT MAXIMUM BLOCK LENGTH FOR DEE JAY SUBDIVISION BY J -U -B Meridian City Council Meeting July 6, 1999 Page 42 ENGINEERS, INC – EAST OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER LN: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 16. PUBLIC HEARING: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE SUBDIVISION NO. 2 BY LARRY & KAY HANSEN— BROADWAY & 8T" STREET (951 W. PINE STREET): (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 17. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION NO. 2 (ONE EXISTING, FOUR NEW BUILDING LOTS) BY LARRY & KAY HANSEN—BROADWAY & 8TH STREET (951 W. PINE STREET): (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 18. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 27.86 ACRES (FROM RT & R-4 TO R-8) FOR PROPOSED WILKINS RANCH SUBDIVISION BY STEINER DEVELOPMENT LLC—SOUTH OF USTICK & WEST OF TEN MILE: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 19. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR WILKINS RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY STEINER DEVELOPMENT LLC — SOUTH OF USTICK & WEST OF TEN MILE: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) Corrie: Due to the lateness of the hour, it's 10:30. We've got some other things to go. I would suggest with the Council's approval we table the public hearing on 14, 15, 16, 17, 18, and 19.at this point . Bentley: So moved. Anderson: Second. Corrie: Motion is made and second to table items number 14, 15, 16, 17, 18, and 19 to be on the first of the agenda on,July the 20th. is there any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay they will be on the first of the agenda on the 201h. 20. FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 4 SUBDIVISION BY GEM PARK 11– EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY: (TABLE UNTIL JULY 20, 1999) Corrie: Staff comments from Shari? 10 A A k MERIDIAN CI� b. 1999 f TY COUNCIL MEETING: JULY I AGENDA ITEM NUMBER: 15 APPLICANT: KEVIN HOWELL CONSTRUCTION I VARIANCE FROM 1,000 FOOT MAXIMUM BLOCK LENGTH FOR DEE JAY REQUEST: SUBDIVISION CO_ M_ MENTS AGS Y CITY CLERK: x CITY ENGINEER: f CITY PLANNING DIRECTOR: CITY ATTORNEY:- REVIEWED CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: CITY BUILDING, DEPT: CITY •WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: 1 ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS li CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS I NAMPA MERIDIAN IRRIGATION: �I SETTLERS IRRIGATION: IDAHO POWER' US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: s shall become property of the City of Meridian. All Materials presented at public meeting BOISE PROJECT RIGHTS - 40,000 Mayor to HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live Council MemberCITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1 1999 TRANSMITTAL DATE: June 10, 1999 HEARING DATE: July 6 1999 FILE NUMBER: VAR -99-001 REQUEST: VARIANCE'FROM 1 000 FOOT MAXIMUM BLOCK LENGTH BY: KEVIN HOWELL CONSTRUCTION LOCATION OF PROPERTY OR PROJECT: SOUTH OF CEMETARY AND NORTH'OF IDAHO STATE POLICE TAMMY DE WEERD P/Z MALCOLM MACCOY, PIZ THOMAS BARBEIRO, P/Z �BYRON SMITH, P/Z KEITH BORUP, P/Z ~_ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT `SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO -TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE Rrx44ARKS: Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1 1999 TRANSMITTAL DATE: June 10, 1999 HEARING DATE: July 6, 1999 FILE NUMBER: VAR -99-001 REQUEST: VARIANCE FROM 1,000 FOOT MAXIMUM BLOCK LENGTH BY: KEVIN HOWELL CONSTRUCTION LOCATION OF PROPERTY OR PROJECT: SOUTH OF CEMETARY AND NORTH OF IDAHO STATE POLICE TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH. NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: (y - A TLA -r -v -A s-�' Lyi (� �f/c2cC1 !� Mt}i,J 477 co #VIV e_- o ¢L. r /2 O 14 5 Mayor ROBERT D. CORRIE COLndf Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD NUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208)884-4264 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1999 TRANSMITTAL DATE: June 10, 1999 HEARING DATE: July 6, 1999 FILE NUMBER: VAR -99-001 REQUEST: VARIANCE FROM 1,000 FOOT MAXIMUM BLOCK LENGTH BY: KEVIN HOWELL CONSTRUCTION LOCATION OF PROPERTY OR PROJECT: SOUTH OF CEMETARY AND NORTH OF IDAHO STATE POLICE _TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 _THOMAS BARBEIRO, P2 BYRON SMITH, PIZ _^KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT `POLICE DEPARTMENT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNE TIO YOUR CONCISE REMARKS: T" !-1 � yrs TT -1 -r-%O k:4" J U N 14 1999 CITY OF MERIDIAN CENTRAL �ICENTKAL DISTRICT HEALTHyDEPARTMENT •• DISTRICT l' EnvironmentaHealth Division INTEALTHI'�F- DEPARTMENT C 1 # �t� rr �S g — av Conditional Use # Aa Preliminary / Final / Short Plat _ �-i�- 1 �/ ' � c.ti � eQ �",� a t Jam.,✓ M W ❑ 8. ❑ 9: ❑ 14. a ri i Return to: Boise ❑ Eagle a" R Garden City Meridian Kuna ❑ ACz CE t. We have NoObjectionsto this Proposal.. JUN 18 1999 We recommend Denial of this Proposal. ,. ', CITY OF 1M' ERID Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more'data concerning soil conditions -on this Proposal before we can comment. Before we can comment concerning individual sewage -disposal, we will require more data concerning the depthof: ❑ high seasonal ground water -❑ waste flow characteristics ❑ or bedrock from original grade ❑ other This office will req"uire a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. - a This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval froiri'appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water, ❑ individual sewage ❑ individual water The following plan(s) musrbe submittedto and approved by,the Idaho Department of Health & Welfare, Division of Environmental'Quality: ❑ central sewage ❑ community sewage system 11 community water �❑ sewage dry lines ❑ central water r' Run-off is not to create a mosquito breeding problem. This Department would recommend deferral until high seasonal ground water can be determined if other. considerations indicate approval. < - •- If restroom facilities are to be installed, then a sewage system MUSTwbe installed to meet Idaho State Sewage, Regulations. We will require plans be submitted for a plan review for any: El food establishment ❑ swimming pools or spas ❑ child care center, ❑ beverage establishment ❑ grocery store t t Date:. i y //S_ Reviewed By: roxa 1o/9r �.r". 7197 Review Sheets. z ", V� JUN 17 1999 City of Meridian ORGANIZED 1904 Ciiy Clerk Office / ! 1 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 \ 1 FAX # 208-463-0092 June 15, 1999 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: VAR -99-001 Variance Request for Dee lay Subdivision — Kevin Howell Construction Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. } Sincerely, l3lilwl'-'tri Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File — Shop ` File — Office I Water Superintendent Bois 7 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 L BOISE PROJECT RIGHTS - 40,000