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Home My WebLink AboutLawrence, Wendel & Kathleen AZ ,., ~_ __~ '``' HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members 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 BUILD[NG DEPARTMENT (zog~ s87-22[1 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 Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: AZ-98-102 REQUEST: ANNEXATION 8~ ZONING OF 1 ACRE BY: WENDELL & KATHLEEN LAWRENCE LOCATION OF PROPERTY OR PROJECT: South of Pine Street, North of Hwy 30/Franklin Road on Linder Road TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 CITY FILES 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 REMARKS: x. ~ For Accountable Mail ; ._ _,~ r - .. ~~ ~ ~ ~ N ~ ~' ~ ~ ~ 1~. ~ ~ ~ ~ N- ~~ i ~x:. r ~' L~ V ~ ~ ~ m ~ ~ ' ~ ~ ~ ' ~ -~ r~ --9 A W N -• ~ NQ~ a3 S ~ ( mil ~ ; m ~° ~ ~ ~ y Q ?D ~o` "~ C.JI ~ m~ w~N(~wCC~~y,.ry C'1 ("1 ~ ~dv1~N~~..Cbxa~~ n w O ,a ~ v C N r ,~D i~ A N~ J[ O ~--~ "'' O; ~,Z a~~,"v,~oOooyNz ~ a ~, ~00~ ~ ~onON~~., (,.s o.~ Z~~ z'd~Z~rr1 G) ~, Z ~~., ~py~a~ OOy. ~.J ~~~r rr"r-~~. t~. t~ R, z ~, ~~d~O~~Xtn9R~ ~~ d ~ Z d ~ ~ r' d ~ ~ ~ r dC y ~ O ~ d '" O ~ C ~~ ~ydy~t-'Zr"drr., x ~_ x d~~n~~y~°°~Y~tn '-'cj n ~ zp~r r ~y yy~yya~~~z o o z~ ~y~~~~~ ~~ra ~• C7~~ C7~ypz:~~ H z ~ ~ZyxZG~~C~CG~z00 ~~~ ~ ~z~~ o~z. oa v ~~dx~ d~ ° v d~oa~' d ~~ c~° z zxz ~ z~ ~ z ~~~~~ o ~ 3 ~ ~ n '~ Z Z~ x °O x ~ an d p d y d C7 Cy7 d ~ ~-C z 0 ~ O c nZi x ~ x z x Z x x Y o n w o ~ ,~a ~ O ~ O d O 1a--II O O p ~~, p ~°o ~. n O OWO, d ~ ~ W V W w ~ ~ p ~ O ~ O1 00 O~ O ~ ~ ~ ~ ~ N 3 .P w .p ~ +' N .p o0 fD cOD N ~ N w N N ~ ~ ~ N v ~' A i~ A O~ A ? ~ N d 4Q Cwil to twll N W W ~ ~ ~ m ~ N A ~G ~ J ~ ~ :i fD 7 ~ ~~~~f11w~ >0 waow'~m~, W ~O~~o~c d v~ospO~ - ~ v 3 ~+wv..- O '~w'w°-~ww `< fD c . n 0 ~ ~ O ~ 91 N ~ ~ O 7 ~ ~ n C C^< d N N> Q n C p~j ~ ~ A p (D O-p'~inOpN c°O='oNw ~a oc ~ymo3~ ' N " (D d N ~ ~ ~ ~ O ~ ~~mwu~,ww w~ 3o?Q ~ v~ X o m yo~3°o03 ccotl~ - w 3 v c 3. ~ ~ w ~ ~"oo.o ~ w om~in~ ~-°~~ca m~~_~>> o~Q~~~ ~wv~~~ ow,w~~X~+ ~~w~-oo ~ aQ?~ ~ ro~nwwww ~ N N 3 w N ... ~=p~~aN~ o N N ~ O ~ Cl d j -. O _. c w d 3 ~ ~ O a m w j O ~ 411 N ~ 7 ~ ~ womv~3 .'a~w~ v~~ccci~ ~i.md~w~3 y -o m9'~xcm N ~ 7 W ~'y A ~ tp ~.SN fD `7 ~:- s ,~,,_ ., .-~ ~, NOTICE OF HEARING NOTICE 1S HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws ~of the State of~tdaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 12,.1999, for the purpose of reviewing and considering the application of Wendell & Kathleen Lawrence for annexation and zoning of approximately 1 acre of land which is generally located south of Pine Street, north of Hwy 30/ Franklin Road, on Linder Road. The application requests a zone of L-O. Further the applicant requests conditional use permit approval of the parcel of land above described -for a childcare facility licensed for 50 children. 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 21St of December, 1.998. WILLIAM G. B RG, JR. CLERK PUBLISH .December 23`x, 1998 and January 6tn , 1999 `,~~~~`'~~~~t~~~`F~l~rFf ~r'~'~ rf ~~ .~ ~ $~ ~ ~ ~ ~ T ~~ r . ,. ''' ~" 'f~f9`~r11#!i1 1t1f111ti~~~ ** TX CONFIRMA'~ REPORT ** AS OF DEC 21 '3.57 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 04 12/21 13 56 208 888 1097 -MODE MIN/SEC. PGS CMD# STATUS EC--S 00'33" 001 022 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 Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 12, 1999, for the purpose of reviewing and considering the application of Wendell 8 Kathleen Lawrence for annexation and zoning of approximately 1 acre of land which is generally located south of Pine Street, north of Hwy 30/Franklin Road, on Linder Road. The application requests a zone of L-O. Further the applicant requests conditional .use permit approval of the parcel of land.above described for a childcare facility licensed for 50 children. A more particular description of ifie 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 istwelcome and invited to submit testimony. DATED this 21s~ of December, 1998. ~~- WILLIAM G. B RG, JR. CLERK PUBLISH December 23rd, 1998 and Janua 6th , 1999. ` !''~~ ~~ 'ys z titi _ ~~i'~~ iii' ~ ~/('~ ~~'' \ F!!)p1J0.11ISIl~ti~ 4 5 6 .,~ . 4Y6. r~ti. r^ ®s-e P I i __i... _ __._. ~~ f JU~- ~ ~ 199 ,~. /4ill/3 ~- . _-~-- ~ ~ ~ U~ 2 ~ ~, . C, f ..? Z f .._._... ...... ... . .......... .?._..._. _...... .. ._.. ....__.._ .... ._.. _. .. __. _. r` _... ~t Tvke~a fyrar~ ,~eofvgie8/ Survt y f'1dp5 ..~ ,~ ~~ 3 - t~ `Nk~ ~ ~ ~ ~~c~a ©L ~ ~ ~ ~ /Mary CITY OF MERIDIAN ~ ~' 33 East Idaho Street, Meridian, ID 83642 ~ Phone: (208} 888-4433 - Fax: (208) 887-4813 Z 98 ~o= APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: ~i pn .- ~~ ~r~ ~~,~j~~ GENERAL LOCATION: ~ ~tt~.Y ~ ~~~- ~ l o~ - ~nr'lnrc ~~-. ~, ~ ~ TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ~P~fc~~~{~~a.~ ACRES OF LAND IN PROPOSED ANNEXATION: ~~??. Q e rte} PRESENT LAND USE: 1!a"CCl Rf I p-f - PROPOSED LAND USE: ~GtU Cc:t re ~"~ ~ f ~ ~ ~ r ~~ Ch i f~rP PRESENT ZONING DISTRICT: R ~- ~R Can ~--I eta r-i ~ i c fi't~ /l PROPOSED ZONING DISTRICT: C` C~ i~r` APPLICANT: ~l(J21~p1 r;~ ~ ~ ~.~ ~~ LQuJ~-PnC.P~, PHONE: ZoB ~ 7-~Ol d ADD g8~- 3~~1 ENGINEER, SURVEYOR, OR PLANNER: ~ ~t ~~ ~ i h PHONE:. ~~7._ j GI D~- ADDRESS: ~73.5~ ~. T.~~Ia`c,al l7r/u~ A/1f~rC~/c+n (~ ~ n`~-7 1/l)oer,~rnw L. C;btag~ OWNER(S) OF RECORD: A-n i .~ ~, CI~t Sp' PHONE: ~~ ~ - ~ 1 ~~ ADDRESS: 3 rIO 1~-: L, ~r~ ~,_~ r r , , ~ , j 1 g ~ln y-Z Signature of Applicants `~ • • Healthy Beginnings Childcare Application for annexation and,zoning By Wendell and Kathleen Lawrence 1. Wendell & Kathleen Lawrence 889 N. Fillmore Way Meridian, Idaho 83642 (208)887-0010 2. ~ Woodrow Chase 370 N. Linder Rd Meridian, Idaho 83642 (208) 888-7168 (warranty deed enclosed),A 3. Notarized request for zoning from contract purchasers, Wendell & Kathleen Lawrence enclosed. ~1. ~ FjZ, " F ~ 4. Lot 1, Heppers Acre subdivision (plat and approval enclosed) ~', ~ ~,~, 5. 1 acre vacant lot 6. Childcare facility for 50 children 7. Presently zoned R-l, Ada County jurisdiction 8. Proposed LO zoning, Meridian City jurisdiction 9. Healthy Beginnings Childcare proposed location will enable us to service Linder Elementary (enrollment 569), Meridian Elementary (enrollment 703), Chaparral Elementary~(enrollment 761), and the new elementary school to be built by the year 2000 on Linder in between I-84 and Franklin (map enclosed) We will be providing a much needed service to these Meridian school children and their parents. We are located in the near vicinity of three large residential . subdivisions which we will also be serving. 10. Our proposed site will be built and managed to serve in'harmony with the surrounding area. It is the closest often residential lots to the railroad tracks. This is a 33 year old subdivision and our site, due to the fact it is next to the tracks, is the only lot that does not have a l .~ • ~ A _ ~ J home built on it. This lot is a better site for a neighborhood business than a residence due to the proximity of the railroad tracks. We are located across the street from light industrial zoned property and commercial zoned property is on.the Franklin side-of the subdivision. 11. The City of Meridian Comprehensive plan does not address Light Office zoning, so for the purpose of relating to the comprehensive plan we will treat the zoning as neighborhood commercial. As the smallest of the three commercial zoning, its main purpose. is ,to provide convenience shopping. (childcare in this case) to the surrounding area. COMMERCIAL POLICIES--Meridian Comprehensive Plan 4.1 states neighborhood (childcare) centers rather than strip commercial development, shall be provided for convenience (childcare) services. 4.2 Neighborhood (childcare) centers should locate: a) Near, but not necessarily at, the intersection of collectors and/or arterial roads; (Linder Rd is considered a minor arterial -map 3 enclosed)E GOALS OF THE COMPREHENSIVE PLAN Healthy Beginnings Childcare will helpfulfillthe following,comprehensive plan goals.. Goa13: To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its .open space character. Goa16: To encourage cultural, educational, and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. Land use Goal Statement GENERAL POLICIES 1.SU Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. s ~' • ~ ro • W ' 1.8U Promote. the development of high quality and environmentally compatible residentialareas that contain the necessary parks, schools, and commercial facilities to maintain and form identifiable neighborhoods. RESIDENTIAL POLICIES 2.SU Encourage compatible infill development which will improve existing neighborhoods. 12. One map of scale of 1 inch equals 100 feet enclosed. ~ 13. Thirty copies of vicinity map enclosed 14. List of mailing addresses ordered with Angel. n 15. Fee of $400.00 + 1.67 per certified mailing notice paid upon acceptance of application. 16. We, Wendell and Kathleen Lawrence, will post the property one week before the public hearing. This posting will contain name of applicant, description of zoning amendment, and time and date of public hearing. . ~~- 17. We, Wendell & Kathleen Lawrence, have read the contents of this application and do verify that the information contained therein is true and correct. 3 ~, •~ ~t -. ~~~ ANDERSON-DAVII~~ & ASSOCIATES, INC. r Annexation Description ~~ November 21, 1998 ,~ ~.~.-~A parce of land located in the Southwest Quarter of Section I2, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being. more particularly described as follows: Commencing at the Southwest corner of said Section 12; thence North 00°04'00" West a distance of 1282.33 feet along the Westerly line of said Section 12 to the TRUE POINT OF BEGINNING, said point being the the Southwest corner of Lot 1, Heppers Acre Subdivision; thence North 00°04'00" West a distance of 300:02 feet continuing along the Westerly line of said Section 12 to a point on the center line of Union Pacific Railroad Right of Way; thence South 88°59'00" East a distance of 358.61 feet along said Union Pacific Railroad Right of Way center line to a point; thence South 00°07'00" West a distance of 300.00 feet to the Southeast corner of Lot 1, Heppers Acre Subdivision; thence North 88°59'00" West a distance of 357.65 along the south line of Lot 1 of said Heppers Acre Subdivision to the POINT OF BEGI]'VNING. Said parcel contains 2.47 acres more or less. 73~ 1 2 ~ ~-ov ~~OF N. A Land Surveying Services 1843 Broadway Ave., Suite 101B, Boise, ID 83706 y 208.363.0058 fax 208.363.0800 _, . v . r~i.•a`.ak_. ~y iZin' ' f Y '- ~r ~ Y' ~"' r ~ ~„Ea .:, - ~~~~~~.v.. ra.., r ~ -,r f "~'I~ ~ -~r ; ~4 ~:w~ a w ~~ ~; •~~ _. ~ i . - - •' 'Y trr `Yab1 ""~ ir' ..s^..si ., j E/~. ,t.R~ J ~+^,.: x - F .j i• '~•••Yf` ~ ~~.:., d+.'v''.4~. --? ~:* .. ..~ ~s'3 rx;:s'..,'~'~`,~y,/,k ~~~ -~ ir. 4._-y _. iN..- ~' ~ r*a;~ ~`' ~~~TZ ttIC1T= heirs and- ~m forever ~A11a. tbQ,.... ~ a ~~ tyhp pgf,]:- .J:.S, j{r~ i.} ~+~ F.~with the saW Graat.•,o °thst the esfd ran ~ ~0 ~` MveDin ~ and z :~ a, trem all itrw~,,.., exCe Y are the owners in-fee'eimple of raid : that they are free ~ ~~~. . r ; ~ ~ ~ ~ A_Yr i ~ pt for taxes for 1970 and thereafter K w ,:n ~= R ~~ ~~ ,~~~~ ~.C ri~i ~ * f4 ". ti ~ , r xr~ ,y,f y"a ~,-r - - ~: ~ ~ l~$.^Y~ f''.'.~,"~'-- rt ,~ y-t ~ Y;3 ~.r Zu " A. ,yN. ~ ?*^ `rc .. - _ ~ u~ ~fY J1 Y F~ 3~..i •;9 ,~ ~ F y ~3', '°`at:d that gthey ~wiU warrant aad dsfettd'thp ~~" `" ' ~ '~ ~ ~ 1p' k ~ ~~~+~ d ;y-°r r d '` _ ,... `s .. pr.,...uC Iren! all GaiinB,W t808Vef' r5 ~~ ~ ;Dated `:Februa _ ;:~ .: - ~, ,.._ I'Y 1~, .1970. " ~ ~ ~' ~ -, f ~~~ ~ ~' v `~, -' °`. * ~ r _ ~~_ ~~ ~. :~~~ _ .STAYS OF IDAHO, 00 N1'Y OF Ada `~ ~ ~_ ~j) R1'A?S OF IDAHO. COUNTY 'OF ~~ , --~-a~ this /y~'ds of February , Io70 16.reby n '~° Z ~~ 6efon me, a not+rJ puWie in imd for Bald State. penonallF ~ ri't1 tbu thbt?nstiament was Akd for record at. ~! aDreana.TEDG. HEPPER and WANDA L. ~~ ~~_er ~~.'1'.ittd,co., ` HEPPER, husband and , iie, ~ ~ a< ~ .35__ ~,,,,~, c.ao '2 ' ~ .ti ~.; ~ ;;.~ '~ ! J * M i t1 'f V, in m7 omee, aad dull recorded is Rook 1 H ., .. _ . ' t-ot Deeds at papa krow'naoFew ..pit thy' ~ . - ev _ ,. ~.' _ ~ : - F, - _ --..cse ^+me$ are ...: ~ -^._ _ o to ~--- -~ - . 'v+Mra"-.y q'~6e1rit6ia instrument. aad uknowi.-a¢eti to $ i'; •'1OE L• PLjIIYIT:'s` ~w - _ ~a t:har - t ~~ ;they _ executed the sea., -ti ~- Iseio Recorder - ,. ° Notary 1'ub)+c Ooh/ , Deputy Rrsidiea at ~ BOjyt+ .Idaho ~ tort '- (f /' ~~~ Comm. F.=pim r~',c~ ~>7~ t' _ .. - _ j {4 ~[ 1 - e': ,- < ~. r 10-21-1998 9=06AM FROM . OC't ~1 '9$ U5:.0~,AM P R~T1' P. 1 P.1/1 ~~~ ~ ~ ~ ~ ~ .~ r ~~-rte' ~'~ ~. ~tia~~ ~t ~~~~~ ~o~tY a~ n~~ :. ~n thia 13th c~aj1' of Q~tOb~Br r 1998 r before Ale ' a ~a~tary" pubiic ~ pHrltan~,11x s~g~nrsd PBRSONAi.Y.Y KN01Q1~ fi~ 1S>~ T~ ~E TN8 p$RSON5 i~FIOSE NAMES 1188 St1H5CRI8$D ~p t~;* i.1t119~r111ae11~ snd ACkao,~iedged t0 me Chet th~i- execrated ~ ~ C~ . ;: ~„ .. • . ~;. • ~. • ~• •. ~ ~ ~ Mptary Pohl c .~ ~, •"~y~~y., . ~ ~~.~'~ MY ctaAtmise#.ort e~cpirea o~,,,,, (O~r~~~-~~'t Id „y, . . . ~ ~ ~ ~. '.s~. .. •~s~ff •., aa~_a5".. t s ~ ~ B1 Wei Wendell and Kathleen Lawrence, are the contract purchasers on Lot 1, Heppers Acres subdivision. We request the annexation and zoning of Lot 1 Heppers Acres Subdivision with consent of the titled owner. Earnest Money agreement enclosed. ~~~ Wendell Lawrence Date /p ~.~~cr .:, C'r.~. `~~.~#. 2+T,:~y "4::'sc $1~6 Ot ~Y ~ On ~ dajl ~ ~ fi~ :dsadtg+I z° ~~~bv ire c""~-=~~~'Y r~~ lr;~2tfiy I gzrl6ed uex~d~.ivss~~ess, am 2~: ~r ~ arf tie force iS 9a~a~; aped it 19~ m tLe Ism ~ m~. ®adoa ~~.,~.~. •od yeJtme ~dmwkd~e ~_ ~, _ oopeutcaucy4~~~ KathleenLawre 0~; 4~;.•••""••.•.j>', Date /d-/3-y~ > v,' rod •~ i ~~'• BLIC ., . A O .• .,•~~ pp ID Ag••~•. ~,, t ~ he~~9 (99Q~ IrVendeti ' „ 6d'~ me, xdcuifty I ecaiSed mthel~fa at ~~ ~ ~y ~ewa ~ tee, ictty I c~flod an the oMh/a~aalon a~~~, a e~?s~ wZt~eag on ~ ~~ w,~es of~dxomeot, and bofehe actooaaledye iLaik;els~e~ f - n ~ , ~y "`.~ ~, .- ~ R 't ,~ `. REAL TE PURCHASE AND SAa E AGR~111EIVT ~Z z k ~ ~ Ai~D RECEIPT F.OR ~:~RNEST MO~iEY ~ s THIS IS A LEGALLY BINDING CONTRACT. ~ BEF~Jri:_ SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING ° ~ REALTOR® THE GENERAL. PRINTED PROVISIONS AND :;T"i ACHMENTS. IF YOU HAVE ANY QUESTIONS BEFORE eou~u r+ousn~ s - , . S!~";'3i; ;;:3=dSULT YQUR ATTORNEY AND/OR AwCOUNTANT ovvor+ruNiTr ... 6 s.... ID# 21~.8~0 ~ ~"{T ,. DATE~;?~~~./as ,. s 1. RE4L ESTATE OFFICES: `9 Listing Agency PaC~erS Realty ML;# 1043:. r Selling Agency,.AgC03L~ H.~~~. ;statg~L # 1704 io Listing Agent Name 1Ce 1.i Ver _ML5#~~-` Selling Agent Nam arWln an eY'-S~ n Phone #(office) R n, x_ 1 2 2 2 (home)~_~:. ~ 7 51 Phone #loffice) 4 6 59 9 4 9 6 (home) ~z 2. BUYER AND LEGAL DESCRIPTION: is _ Wendell Jr And" Kathleen L Lawrence ~ H . & W .) (Hereafter called "BUYER") ~a agrees to purchase, and the undersigned SELLER agrees to sell-the following described fe I estate hereinafter referred t as "premises" com ppIYY ~~^^QQwn .5 as 370 N. Linder.. city Merl~lan County A~a Idaho, Zip~Sb`~L 16 legallydescribed as: Lot 1 & Lot 2 Hegners Acre Su ~, , .s ... v ~ ~L ru...... ..-..st:~ r"t1Y'V~. xn'1,. a<.i .:'. u~ u.: ' ~ 'i~. ~.l ~ .u :.., :.',.::~1:. ' ~:.:',:J , ~y $ ~ n n n n n n payable upon the following TERMS AND CONDITIONS {Not including closing costs 1 za 4. FINANCIAL TERMS: (Note: A+C+D+E+F+G should add up to (or be equal to) total purchase price, except for 100°k financing ) z, 's ~ n n n _ n n A. EARNEST MONEY: BUYER hereby deposits TWO Thousand and T10dL1_~ as Earnest Money evidenced 3z by:^ cash ® personal check ^ cashier's check ^ note due ^ other and a receipt zs is hereby acknowledged. Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by: za ^ Listing Broker; ® Selling Broker ^ other for the benefit of the parties hereto and zs Darwin Vander Stelt (Broker) shall-hold the completely executed Broker's copy of this Agreement. ze The responsible. Broker shall be Darwin Vander Stelt z~ B. ALL CASH OFFER: ^ YES ^ NO If this is an all cash offer do not complete lines 28 through 64, fill blanks with N.A. zs S 1 3 6 . 0 0 0 . 0 @. NEW'LOAN PROCEEDS: This Agreement contingent upon BUYER obtaining: ^ FHA ^ VA ~ CONVEN ^ IHFA z9 ^ RD ^ OTHER FIRST LOAN of S 1 3 6 , 0 0 0 . 0 0 not including mortgage insurance, with interest 3o not to exceed 8 . 5 % for a period of 3 0 year(s) at: ® fixed rate ^ other _. BUYER 3i shall pay no more tharj~j~ point(s) plus origination fee if any. SELLER shall pay no more than ~~ point(s-. Any reduction in ~z points shall first accrue to the benefit of the ^ BUYER ^ SELLER ^ Divided Equally. BUYER shall apply for such loan within 33 _ 5 business dayls) of SELLER's acceptance. Within 3 0 business days of SELLER'S acceptance BUYER agrees to furnish sa SELLER with a written loan commitment showing lender approval of credit report, income verification, debt ratios and subject only ss to satisfactory appraisal and final lender underwriting. If such written commitment is not received by SELLERS within the strict time sv .allotted, SELLERS may at t`~eir option cancel this agreement by notifying BUYERS in writing of such cancellation. If an appraisal is s~ required by lender, the property must appraise at not less than purchase price or BUYER's Earnest Money may be returned at BUYER's ss request. ~~ ~ NA D. EXISTING. LOANISI: This Agreement is contingent upon ^ .the Assumption of or ^ Subject to the following loans, a:~ if any:^ FIRST LOAN of approximately S payable at S (including PI - per month, with ni interest currently`at % U -fixed rate ^ other .Assumption Fee, if any, not to exceed az ^ SECOND LOAN of approximately S payable at S (including PI - per month, with interest as currently at %. ^ fixed rate ^ other .Assumption Fee, if any, not to exceed .SELLER as shall within business day(s) of~acceptance provide BUYER with copies assumed or taken subject to. Within business as day(s) of receipt thereof BUYER shall in writing notify SELLER of his/her approval or disapproval of such terms of the aforementioned as documents. SELLER'shall furnish BUYER a current loan information statement of the above Ioanlsl within business daylsl a7 of acceptance. In the event of Assumption, BUYER shall use his/her best efforts to obtain the consent of the lender of record to 48 assume the above loan(s) within business dayls) of acceptance, or.. waive this condition in writing. All charges related to such n9 assumption shall be paid by the ^ BUYER ^ SELLER ^ Shared Equally. so ^ASSUMPTION of FHANA Loan with Release of Liability. BUYER shall assume SELLER'S potential indemnity liability to-the U.S. s~ Government for the repayment of the loan. BUYER is also qualified and ^ will or ^ will not reinstate SELLER'S eligibility. sz $ 1 7.000 • O~ SELLER TO CARRY: ^ FIRST LOAN ®SECOND LOAN ^ OTHER LOAN. s3 b. BUYER to execute: ^ a Contract for Deed or ®a note secured by a ~ Deed of Trust or ^ Mortgage on the property, in favor sa ''~ ~ of SELLER, for the balance of S 1 7 ~ 0 0 0 . 0 0 payable at S Z 1 0 . 7 8 per month, including interest at 8 . 5 % per ss i annum for 1 0 years and with the entire balance due 3 year(s) from date of note or contract for deed. se , The entire balance of loan is due and payable upon sale or transfer of property: _ ^ YES ^ N0. s~ FINANCIAL STATEMENT: Within 3 0 business dayls) of acceptance, BUYER shall furnish SELLER: ® a current financial ss statement ^ credit report or ^ both, for the sole purpose of credit approval, which approval shall not be unreasonably withheld. sv BUYER' authorizes SELLER to erigage the services of a reputable credit reporting agency for this ,purpose of BUYER'S expense and bo SELLER shall notify. BUYER within 'business daylsl of receipt of financial- statement and/or credit report,. of approval or ai ~ .disapproval of BUYER'S credit in writina. ez S F. ADDITIONAL FINANCIAL TERMS: 6s ^ Additional financial terms are~specifieii under the heading °'ADDITIONAL TERMS AND CONDITIONS" (Section 51. ea ^ Additional financial terms are contained in an addendum of same date, attached hereto, signed by both parties. ss S 1 5000_.00 G. APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid by BUYER at closing 66 in GOODFUNDS, which includes: cash, electronic transfer funds, certified check or ca`shier's check. Any net difference between ea the approximate balances of the loans shown above, which are to be assumed or taken subject: to, and the actual balances of said 68 loans atclosing of escrow shall be adjusted in~ Cash 0 Other: 69 ~o w ~}' n BUYER .and SELLER acknowled ec p y of this page, which con tut e 1 of 4 Pages. ~z BUYER'S Initials ly~>;L`f SELLER'S Initials 1(1 ~) 73 This form is printed and distributed by the.Ada County Association of R ORS®, Inc. /Idaho Association of REALT RS®, Inc. This form has been designed for and ~a is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also mem ers of the National Association of REALTORS®. ~s USE BY ANY OTHER PERSON IS PROHIBITED. °E~ ~b Copyright Ada County Association of REALTORS®, Inc. !Idaho Association of REALTORS°, Inc.-All rights reserved. n ~s R.E.21 EFFECTIVE DATE JULY 1, 1996 " Bt~KER'S COPY i ~:~, ~~~ 79 PURCHASE & SALES AGREEMENT RE~AGE 2 • _ gn 31 PROPERTYADDRESS:370 N. Linder Meridian ID 83642.. ~ ID#: 21 1 800 sz 4. FINANCIAL TERMS: (CONTINUEa 83 - sa H.'000UPANCY: BUYER. ~ does ^ does not intend to occupy property as BUYER'S primary residence. as I. FHA / VA. If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be obligated sb to complete the purchase of the property described herein or to incur any penalty or forfeiture of Earnest Money deposits or otherwise unless s7 BUYER has been given in accordance with HUD/FHA or VA requirements' a written statement by the Federal Housing Commissioner, Veterans ss Administration or a Direct Endorsement lender setting forth the appraised value of the property of not less than the sales. price as stated in the e9 contract. BUYER shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the ~ appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban 91 Development will insure. HUD does not warrant the value or the condition of the property. BUYER should satisfy himself/herself that the price 9z and condition of the property are acceptable. li is agreed that any item included in section 6 is of nominal value less than 5100. 93 9a 5. ADDITIONAL TERMS AND/OR CONDITIONS: This agreement is contingent until closincr 9s u r m Ada Count fot the 96 oj?eration of Dam Care Center for 50 chidren _._ _ 97 ~ ~ ' ,. .. ~ ......... ...:.... 98 99 100 101 102 103 loa 6. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the property are INCLUDED IN THE los PURCHASE PRICE (unless excluded belowl, and shall be transferred free of liens. These include, but are not limited to, all attached floor lob coverings, attached television antennae, satellite dish and receiving equipment, attached plumbing, bathroom and lighting fixtures, window l07 screens, screen doors, storm windows, storm doors, window coverings, garage door opener(s) and transmitterls), exterior trees, plants los or shrubbery, water heating apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in 109 and "drop-in" ranges (but excepting all other rangesl, fuel tanks and irrigation fixtures and equipment, and any and all, if any, water and water Ito rights, and any and all, if any, ditches and ditch rights that are appurtenant thereto that are now on or used in connection with the premises 111 .and shall be included in the sale unless otherwise provided herein. The following additional items are specifically: nz A. INCLUDED IN THIS SALE: NA 113 114 11s B. EXCLUDED IN THIS SALE:_NA 116 117 lls 7. SELLER'S PROPERTY DISCLOSURE FORM: If required by Title 55, Chapter 25'Idaho Code SELLER shall within ten (101 days after 119 execution of this Agreement provide to BUYER "SELLER's Property Disclosure Form" or other acceptable form. BUYER has received the Izo "SELLER's Property Disclosure Form" or other acceptable form prior to signing this Agreement: ^ Yes ® No ^ N/A 1z1 8. LEAD PAINT DISCLOSURE: The subject property ®is ^ is not defined as °Target Housing" regarding lead-based paint or lead-based 1zz paint hazards. If yes, BUYER hereby acknowledges the following: (a) BUYER has been provided an EPA approved lead-based paint hazard I?3 information pamphlet. (b 1 Receipt of Seller's Disclosure of Information and Acknovrledament Form and have been orovided with all recrrris,. ]za test reports or other information, if any, related to the presence of lead-based paint hazards on said property. (c) That this contract is ]zs contingent upon my right to have the property tested for lead-based paint hazards to be completed no later than (~ 3 Q, 9 $ or lzb the contingency will terminate: I d - That BUYER hereby ^ waive Q do not waive this right. l e) That, if test results show unacceptable 1z7 amounts of lead-based paint on the premises, BUYER has the right to cancel the contract subject to the option of the SELLER Ito be given in Izs writing) to elect to remove the lead-based paint and correct the problem which must be accomplished before closing. (f - That , if the contract lz9 is canceled under this clause, BUYER'S earnest money deposit will be returned to BUYER. 130 9. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable 131 except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances 13z of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by '`' 133 SELLER may be paid out of purchase money at date of closing. No liens, encumbrances or defects, which are to be discharged or assumed 13a~" by BUYER or to which title is taken subject to, exist unless otherwise specified in this Agreement. 13s 10. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with 136 this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees, including 137 such costs and fees on appeal 13s 11. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, BUYER and SELLER agree that in the 139 event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions lao are received by the holder of the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may ial .await any proceeding, or at Broker's or closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things 1az of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney's fees. 1a3 12. COVENANTS, CONDITIONS AND RESTRICTIONS (C.C.& R.'S-: BUYER is responsible to obtain and review a copy of the C.C.& R.'s lea (if applicablel• BUYER has reviewed C.C.& R.'s. ^ Yes ~ No ^- Not Applicable (NA1. las 13. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owner's Association may be required and lab BUYER agrees to abide by the Articles of Incorporation, By-Laws and rules and regulations of the Association. BUYER is further aware that la7 the Property may be subject to assessments levied by the Association described-in full in the.. Declaration of Covenants, Conditions and 1as Restrictions, BUYER has rev' yved Homeowner's Association Documents: 0 Yes ~LJ No. ^ Not Applicable INA) rag Associatior;-fees/dues a. A ;pe; 1so 14. RISK OF LOSS: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the premises be materially damaged 1s1 by fire or other destructive cause prior to closing, this Agreement shall be voidable at the option of BUYER. 1sz 15. BUSINESS DAY: Monday through Friday, excluding Saturday and Sunday, and excluding holidays as defined in Idaho Code, Section 67-5302. 153 154 , , 155 156 Is7 BUYER and SELLER acknowled e e t of g y of this page, which constitutes -Page 2 of 4 Pages. 1sa is9 BUYER's Initials SELLER's Initials ((,f.~ya `~~ 160 161 This form is printed and distributed by the Ada County Association of REALTO S°, Inc: /Idaho Association of REALTORS°, Inc. This form has been designed for and 16z is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. 163 USE BY ANY OTHER PERSON IS PROHIBITED. Iba Copyright Ada County Association of REALTORS°, Inc. /Idaho Association of REALTORS°, Inc. All rights reserved. 165 166 R.E.21 EFFECTIVE DATE JULY 1, 1996 BROKER'S COPY I67 PURCHASE & SALES AGREEMENT (. ~ 1 -PAGE 3 - ~ • 163 :69 PROPERTYADDRESS:~ 370 N. Linder Meridian ID ~ 83642 21 1 800 ID #: _ 170 16. INSPECTION: BUYER chooses ®to have inspections) ^ not to have inspection. BUYER shall have the right to conduct inspections, l71 investigations, tests, surveys and other studies at BUYER'S expense. If BUYER chooses not to have inspection skip li:~es 176 to 191. BUYER 17z shall, within 21 business dayls) complete these Inspections and give to SELLER written notice of items disapproved of. BUYER is strongly 173 advised to exercise these rights and to make BUYER's own'selection of .professionals with appropriate qualifications to conduct Inspections 17a of the entire property. BUYER's acceptance of the condition of the property is a contingency of this Agreement. 17s 176 ~ SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: 177 1. If BUYER does not within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall conclusively ~f: 17a - be deemed to have: la- completed all Inspections, investigations, review of applicable documents and disclosures; Ib1 elected to proceed with ,4179 the transaction and Ic1 assumed all liability, responsibility and expense for repairs or corrections other than for items which SELLER has t^'._-ISO otherwise agreed in writing to'repair or correct. " Is1 - 2. If BUYER does within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall provide to SELLER lag pertinent sectionls) of written home Inspection. SELLER shall have ~_business dayls) in which to respond in writing: Ia3 3.If SELLER does not respond within"the strict time period specified, BUYER shall have 5 business daylsl (after receipt of SELLER'S 'I S4 response, or after the expiration of the-time for SELLER to respond, whichever occurs first) to cancel this Agreement in writing. Isb have elected to proceed wrth~the+transaction without re'~ ..,~~~~~r ~~ ~ ~,. '"` `one penuv,~ ~NCUrled; tst~'i c~ snail conclu"si4ely be deemed to pairs or corrections other than for items which SELLER has otherwise agreed in writing la7 to repair or correct. Iaa SELLER shall make the property available for all Inspections. BUYER shall keep the property free and clear of liens; indemnify and hold SELLER Is9 harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections. No Inspections may 19o be made by any."governmental building or zoning inspector or government employee without the prior consent of SELLER, unless required by 191 -local law. 19z 17. FINAL VERIFICATION OF CONDITION: BUYER shall have the right to make a final Inspection of the property approximately 2 193 dayls) prior to close of escrow, not as a contingency of the sale, but solely to confirm that: (a) repairs have been completed as agreed in writing 19a by BUYER and SELLER, Ib1 SELLER has complied with SELLER'S other obligations, and Icl the property is otherwise in substantially the same 19s condition as on the date of acceptance of the offer, unless otherwise agreed in writing. 196 18. COSTS PAID BY: Costs in addition to those listed below may be incurred by BUYER and SELLER unless otherwise agreed herein, or provided 197 by law or required by lender, or otherwise stated herein. The below costs will be paid as indicated. Some costs are subject to loan program 19a requirements. SELLER agrees to pay a maximum of S 5 0 0 . 0 0 lender/appraiser inspection required costs. 199 200 201 202 203 204 205 206 207 208 209 210 19. TITLE INSURANCE: '-11 I A 1 TITLE COMMITMENT: Prior to closing the transaction, ~ SELLER or ^ BUYER shall furnish to BUYER a commitment of a title 212 insurance policy showing the condition of the title to said premises. BUYER shall have 5 business daylsl from receipt of the commitment z13 or until twenty-four (24) hours prior to closing, whichever is the less, within which to object in writing to the condition of the title as set forth 214 in the commitment. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title. It is agreed that if the 21s title of said premises is not marketable, or cannot be made so within ~_ business dayls) after riotice containing a written statement of z16 defect is delivered to SELLER, BUYER'S Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title insurance i17 cancellation fee, escrow and legal fees, if any. 21a (B 1 STANDARD TITLE POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance policy in the amount ^^-19 of the purchase price of the premises showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set zzo out in this Agreement to be discharged or assumed by BUYER. '-''-1 I C 1 LENDER'S ADDITION (ALTA POLICY(: The lender will require that BUYER (Borrower) furnish an Extended Coverage Lenders Addition 22? (ALTA) Policy. This extended coverage lenders policy will cover those claims agairist the property that may have become legal obligations zz3 before the purchase of the home and yet may not be public record until after the purchase. 2z4 (D 1 EXTENDED COVERAGE TITLE POLICY: A standard policy of title insurance does not .cover certain potential. problems or risks such z2s as liens (i.e. a legal claim against premises for payment of some debt or obligation), boundary disputes, claims of easement and other matters zee of claims if they are not of public record at time of closing. However, under Idaho law, such potential claims against the premises may have 2z7 become legal obligations before the purchase of the home and yet may not be of public record until after the purchase. It is recommended zzs that BUYER talk to a title insurance company about what it offers in the way of extended coverage. Extended Coverage Title Policy requested zz9 ^ Yes ®No. Additional premium paid by: ^ BUYER ^ SELLER . z3o (E) The parties agree that PlOneer Title Company shall provide title policy and preliminary report 231 of commitment. z32 20. COUNTERPARTS:. This Agreement may be'executed in one or more counterparts, each of which is deemed to be an original hereof, and all 233 of which shall togethe"r constitute one and the same instrument. na 21. ENTIRE AGREEMENT: This Agreement contains the eri±iie Agreemen* of the oartie~ respecting the matters herein sat forth"arid supersedes z3s ., all prior Agreements between the parties respecting such matters. No warranties, including, without. limitation, any warranty of habitability, z36 agreements or representations not expressly set forth herein shall be binding upon either party.. z37 22. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any ,signed facsimile z3a transmission shall be the same as deliJery,of an original. At the request of either party or the Closing Agency, the parties will confirm facsimile 239 transmitted- signatures by signing an original document. zoo , i 241. BUYER and SELLER acknowledge eipt of co of this page, which constitutes Page 3 of 4 Pages. z4z z43 BUYER'S Initials ( SELLER'S Iritials (~v i vl l~C ~'C..1 244 ~-- 245 This form is printed and disttibuted by the Ada County Association of REAL RS°, Inc. /Idaho Association of REALTORS°, Inc. This form has been designed for and 246 is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. z47 USE BY ANY OTHER PERSON IS PROHIBITED. zas Copyright Ada County Association of REALTORS°, Inc. /Idaho Association of REALTORS°, Inc. All rights reserved. 249 ' 2so R.E.21 EFFECTIVE DATE JULY 1 1996 zs 1 Ti.~ii~~ih F,~.J BUYER SELLER Shared Equally Not Applicable BUYER SELLER. Shared Equally Not Applicable Appraisal Fee X ~ Title Ins. Lender's Extended ALTA X Closing Escrow Fee }{ Title Ins. Owner's Extended Policy X Cdntract Preparation X Title Ins. Standard Policy X Document Preparation Septic Inspection - X Flood Certification Fee Septic Pumping X Flood Tracking Fee Survey X Loan Assumption Fee .X Well Inspection X Tax Service Fee X b ~ ~, zs2 PURCHASE & SALES AGREEMENT (RE2' PAGE 4 Y53 zsa PROPERTY ADDRESS: 370 N • Li~er Meridian ~ TD 83642 ID 21 '~ 800 zss 256 23. DEFAULT: If DYER defaults in the performance of this Agreement, SELLER has the option: 11 } accepting the Earnest Money as liquidated zsz damages or 121 pursuing any other lawful right or remedy to which SELLER may be entitled. ' If SELLER elects to proceed under (1), SELLER zsa shalt make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred ?.;9 by SELLER'S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow '` s.ao fees, credit report fees, inspection fees and attorney's fees; and said holder shall pay. any balance of the Earnest Money, one-half to SELLER zap and one-half to SELLER'S Broker, provided that the amount to be paid to SELLER'S Broker shall not exceed the Broker's agreed to commission. zaz SELLER and BUYER specifically .acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall za3 be SELLER'S sole and exclusive remed;, and such shall not be considered a penalty or forfeiture. If SELLER elects to proceed under 12), the zaa holder of the Earnest Money shall be entitled to pay th4 ~^sts incurred by SELLER'S Broker on beiidif of SELLER acd '41 !YG? rQl~fP~ to the zas transaction, including, without limitation, the costs o brokerage fee, title insurance, escrow fees; credit report fees, inspection fees and zaa attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. za7 If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, 13UYER's Earnest Money deposit shall be gas returned to him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and za9 attorney's fees, if any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled. z7o '24. SALES PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as a result of this z7i Agreement may be provided to the County Assessor's Office by either party or by either party's Broker. ,. z73 26. ACCEPTANCE: BUYER's offer is made subject to the acceptance of SELLER on or before (Date) 6 11 4 ~ 9 8 and (Time) 6 PM z7a If SELLER does not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to BUYER on demand. z7s 27. CLOSING: On or before the closing date, BUYER and SELLER shall deposit with the closing agency all funds and instruments necessary to z7a complete the transaction. The closing date shall be no later than 9 ~ 1 ~ ~ 98 'I'iZT~'- z77 The parties agree that the "closing agency" for this transaction shall be z7s If a long-term escrow /collection is involved, then the long-term escrow holder shall be NA z79 Long term escrow fees/costs to be paid by ^ BUYER ^ SELLER ~ Shared Equally zso zsi 28. POSSESSION: BUYER shall be entitled to possession ® upon closing or ^ other . "Closing" means the date on zsz which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER. Property taxes and 2s3 water assessments (using the last available assessment as a basis, rents, interest and reserves, liens, encumbrances or obligations assumed 2sa and utilities shall be pro-rated as of CIOSlnQ .BUYER shat) pay for fuel in tank, amount to be determined by the supplier at zss SELLER's expense. zea 29. SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject to the following special considerations and/or zsz contingencies which must be satisfied prior to closing: S Par~gra~_~S f[)r additional coritlri~ 288 289 z9o 30. REPRESENTATION CONFIRMATION: 291 In this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER ('agent' or 'nonagent' or 'limited dual agent'): 292 z93 Listing broker acted as a(n) riOri agent for the BUYER. 294 agent z9s Selling broker acted as aln) for the BUYER. z9a In this transaction, the brokerage(s) involved has the following relationship(s) with the SELLER ('agent' or 'nonagent' or 'limited dual agent'): 297 z9s Listing broker acted as aln) agent for the SELLER. z99 30o Selling broker acted as aln) nonagent for the SELLER. 30~ 3oz Each party signing this document confirms that he°or she has received,-read and understood the Agency Disclosure Brochure and has elected 303 the relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection 3oa and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A 'CUSTOMER' AND IS NOT REPRESENTED BY A BROKER UNLESS THERE 3os IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 30a, 31. BUYER'S SIGNATURES: 307 ^ SEE A TACHED BUYER'S ADDENDUMIS): (Specify number of BUYER addendumis) attached.) 3os / / ~ 309 BUYER Signature ~~ , ~ ter- ~- ~- BUYER Signature r~ 31o BUYER (Print Name) WPnr3a 1 1 Lwrence Jt . BUYER (Print Name) Kathleen L . aWreriCe Date 6 / 1 1 ~ 9 $ Time Phone # 3 i~ Date~~ 1 1~ 9 R Time Phone #$$ 7_ 0 01 0 3l2 Address R R 9 N F i t-l mor Address 313 City MP r i c3 i a n State T D ZIP 8 6 4 2 City State Zip aia 32. SELLER'S SIGNATURES: 3~s On this date, I/V1/e hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms 3ia thereof on the part of the SELLER. I/We further acknowledge receipt of a true copy of this Agreement signed by both parties. 317 ~, SIGNATURE(S) SUBJECT TO COUNTER OFFER ^ SEE ATTACHED SELLER ADDENDUM 3is ^ SEE ATTACHED SELLERS RIGHT TO CONTINUE TO MARKET PREMISES 'SEE ATTACHED COUNTER OFFER(S) 319 ~ ~ ~ ~~l/~.yvVx~ 3zo SELLER Signature (.R~ ~:Qr~t) ~ SELLER Signature 3zr SELLER (Print Name) ~ b0[~ i"O ~.J ~..- ~ ~S G- SELLER (Print Name) ~ ~ ~A a ~ f'{' A-S C-: 322 Date Time Phone # Date__ Time Phone # 3r Address Address '- 324 City State Zip City State Zip 32s 3za 33. BUYER'S ACKNOWLEDGMENT OF RECEIPT OF FINAL COPY'BEARING ALL SIGNATURES: ~l 3z7 A true copy of the foregoing Agreement, signed by the SELLER and containing the full and complete description of the premises, 328 is erebyreceived on this day of 19 329 /~ 33o BUYER: ~/~/ ~~_~~ BUYER: C.J .f~o G ~•/~J 33I 33z BUYER and SELLER ackno ~I receipt f y of this page; which constitutes Pa e 4 0 4 Pages. 333 BUYER'S INITIALS (~z"~)1 ' SELLER'S INITIALS l_,t~,~11 334 ~T 335 This form is printed and distributed by the Ada County Association of REALTORS°, Inc. /Idaho Association of REALTORS°, Inc. This form has been designed for and 33a is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. 337 USE BY ANY OTHER PERSON IS PROHIBITED. 33s Copyright Ada County Association of REALTORS°, Inc. /Idaho Association of REALTORS°, Inc. All rights reserved. 339 RE 21 EFFECTIVE DATE JULY 1, 1996 BROKER'S COPY '~ REAL ESTATRCHASE AND 5A± E AGREEMENT s AND IPT FnR E:~+RNEST MONEY _~ t THIS IS A LEGALLY BINDING CONTRACT. BEFORt: SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING s REALTOR ° ® THE GENERAL PRINTED PROVISIONS AND A('iACHMENTS. IF VOU HAVE ANY QUESTIONS BEFORE S!~:•SCl~, Cu!:SULT YOUR ATTORNEY AND/OR ACCOUNTANT eouu ravmNc 6 OF iORTUNITY ~D~f 2118 0 0 s 1. REAL ESTP?E OFFICES: DATES ./ 1 'i~)~ 9 Listing Agency Pac',cers Realty rytL.;A' 1043 _ to Listing Agent Name 1Ce it Ver Selling Agency_AcJCOh?i r~s..,l i:gtat~L~# 1704 n PhoneJllotficel MLS~~- Selling Agent Nam arwin "pan er t~gp~`--rt~~--~-- -S S '1- 1 ~ z ~ (homel~_ri _; _~ ~ 51 Phone +Y(office) d 6 5 A 4 9 6 Ihome) n 2. 3UYER AND LEGAL DESCRIPTION: ~~ -Wendell Jr And Kathleen L Lawrence ( H & W ) i° agrees to purchase and the undersigned SELLER agrees to sell the following described le I estate hereinafter referred t as " remises'ecomled "BUYER") IS as 370 N, Linder Q P rrlpglClytRwn Iv legally described as: 7.Ot 1 & in} 7 u City Meridian County Acda Idaho, Zip 2233..S5b44LL Ders A-re Su m ._. .. r..~ ru.......-..,~ rnia.c... c:.,' ii'i..:.ui c~a u a :i .___. .... .-.. T, .. t ~ ^ ^ ^ ^ ^ ^ payable upon the following TERMS AND CONDITIONS (Not including closing costs) : v~ zo 4. FINANCIAL TERMS: (Note: A+C+D+E+F+G should add up to (or be equal to 1 total purchase price, except for 100% financing 1 21 ~2o n n _ n n A. EARNEST MONEY: BUYER hereb de osits Y P TWO Thousand and riOCfLl.i>~ItS as Earnest Money evidenced zz bY:^ cash personal check ^ cashier's check ^ note due ^ other 27 is hereby acknowledged. Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held byceipt zd ^ Listing Broker; ® Selling Broker ^ other zs Darwin Vander Stelt for the benefit of the parties hereto, and za (Broker) shall hold the completely executed Broker's copy of this Agreement. The responsible Broker shall be __DarWln VarldPr a 7 } z' B. ALL CASH OFFER: ^ YES ^~ NO If this is an all cash offer do not complete lines 28 through 64, fill blanks with N.A. 1R 5 1 36.000 0@, NEW LOAN PROCEEDS: This Agreement contingent upon BUYER obtaining; ^ FHA ^ VA ~ CONVEN ^ IHFA z`' ^ RD ^ OTHER FIRST LOAN of S_1 3 () , Q Q O 0 Q not including mortgage insurance, with interest 'o not to exceed 8 . $ % for a period of 30 year(s) at: ® fixed rate ^ other _. BUYER ti shall pay no more tharjf]~_ point(s) plus origination fee if any. SELLER shall pay no more than ~z - ~yy~ Pointlsl. Any reduction in points shall first accrue to the benefit of the ^ BUYER ^ SELLER ^ Divided Equally. BUYER shall apply for such loan within J3 5 business dayls) of SELLER's acceptance. Within 30 business days of SELLER'S acceptance BUYER agrees to furnish ~~ SELLER with a written loan commitment showin lender a is to satisfactor a g PProval of credit report, income verification, debt ratios and subject only y ppraisal and final lender underwriting. If such written commitment is not received by SELLERS within the strict time 16 allotted, SELLERS may at t;ieir option cancel this agreement by notifying BUYERS in writing of such cancellation. If an appraisal is ~' required by lender, the property must appraise at not less than purchase price or BUYER's Earnest Money may be returned at BUYER's t" request. >> S NA D. EXISTING LOANIS-: This Agreement is contingent upon ^ the Assumption of or ^ Subject to the following loans, 41 if any:^ FIRST LOAN of approximately $ payable a[ S (including PI 1 per month, with 41 interest current) at Y % ^ fixed rate ^ other .Assumption Fee, if any, not [o exceed °2 ^ SECOND LOAN of approximately S payable at S (including PI I per month, with interest °j currently at %. ^ fixed rate ^ other as .Assumption Fee, if any, not to exceed .SELLER shall within business daylsl of acceptance provide BUYER with copies assumed or taken subject to. Within ^s daylsl of receipt thereof BUYER shall in writing notify SELLER of his/her approval or disapproval of such terms of the aforementioned °h documents. SELLER shall furnish BUYER a current loan information statement of the above loan(s) within °~ of acceptance. In the event of Assumption, BUYER shall use his/her best efforts to obtain the consent of the lendersoferecordlto ae assume the above loanlsl within _ business daylsl of acceptance, or waive this condition in writing..All charges related to such 40 assumption shalt be paid by the ^ BUYER ^ SELLER ^ Shared Equally. 1D ^ASSUMPTION of FHA/VA Loan with Release of Liability. BUYER shall assume SELLER's potential indemnity liability to the U.S. si Government for the repayment of the loan. BUYER is also qualified and ^ will or ^ will not reinstate SELLER'S eligibility. ;z ~ 1 7.000 0~ SELLER TO CARRY: ^ FIRST LOAN ®SECOND. LOAN ^ OTHER LOAN. st BUYER to execute: ^ a Contract for Deed or a note secured by a ^ Deed of Trust or ^ Mortgage on the property, in favor S9 of SELLER, for the balance of 5 ~ 7, 000. 00 ss annum for 1 0 payable at S z.1 0.78 per month, including interest at_~~ /o per years and with the entire balance due 3 year(s) from date of note or contract for deed. sb The entire balance of loan is due and payable upon sale or transfer of ro ert P P Y: ^ YES ^ N0. sr FINANCIAL STATEMENT: Within 30 business day(s) of acceptance, BUYER shall furnish SELLER: ®a current financial se statement ^ credit re ort or P ^ both, for the sole purpose of credit approval, which approval shall not be unreasonably"withheld. s~ BUYER authorizes SELLER to engage the services of a reputable credit reporting agency for this purpose at BUYER'S expense and 60 SELLER shall notify BUYER within b, business daylsj of receipt of financial statement and/or credit report, of approval or disapproval of BUYER'S credit in writing. 6= ~ F. ADDITIONAL FINANCIAL TERMS: of ^ Additional financial terms are specified under the heading "ADDITIONAL TERMS AND CONDITIONS" (Section 51. 64 ^ Additional financial terms are contained in an addendum of same date, attached hereto, signed by both parties. °s S ~ 5000 • 00~ G. APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid by BUYER at closing e" y' in GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's cheek. Any net difference between 67 the approximate balances of the loans shown above, which are to be assumed or taken subject to, and the actual balances of said Ex loans at closing of escrow shall be ad'usted in 1 ~ Cash ^ Other: 69 ~0 ti BUYER and SELLER acknowled ec QU ,z P c y of this page, which con 'tut ~ 1 of 4 Pages. BUYER'S Initials (. 1 SELLER'S Initials C) This lorm is printed and distributed by the Ada County Association of RE ORS's, Inc. I Idaho Association of REALT RSe, Inc. This form has been designed for and in is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also mem ers of the National Association of REALTORSa. 15 USE BY ANY OTHER PERSON IS PROHIBITED. '6 Copyright Ada County Association of REALTORS°, Inc. /Idaho Association of REALTORS, Inc. All rights reserved. .e R.E.21 EFFECTIVE DATE JULY 1, 1996 BROI~RS COPY '19 PUfiCHA~ALES AGREEMENT RE21 PAGE 2 • gr, al PROPERTY ADDRESS:370 N. Linder Meridian ID 83642 Ip#, 21 1 800 az 4. FINANCIAL TERMS: ~ CONTINUED 1 83 g< H. OCCUPANCY: BUYER ~ does ^ does not intend to occupy property as BUYER'S primary residence. gs 1. FHA / VA. If applicable, it is expressly agreed that notwithstanding any other prdvisions of this contract, BUYER shall not be obligated ea to complete the purchase of the property described herein or to incur any penalty or forfeiture of Earnest Money deposits or otherwise unless g9 BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans eB Administration or a Direct Endorsement under setting forth the appraised value of the property of not less than the sales price as stated in the e9 contract. BUYER shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the ~ appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban 91 Development will insure. HUD does not warrant the value or the condition of the property. BUYER should satisfy himself/herself that the price 9z and condition of the property are acceptable. IL is agreed that any item included in section 6 is of nominal value less than 5100. 93 94 5. ADDITIONAL TERMS AND/OR CONDITIONS: ~'hf S agreement iS contingent until ClOSing 'a ~ ~ Ada Count foS= the operation of Day Care Center for 50 c i dren - ---- 9). ~' _. __ .. ...-..... -. ..... -. 9a 99 100 101 102 103 loo 6. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the property are INCLUDED IN THE los PURCHASE PRICE (unless excluded below), and shall be transferred free of liens. These include, but are not limited to, all attached floor loo coverings, attached television antennae, satellite dish and receiving equipment, attached plumbing, bathroom and lighting fixtures, window Io3 screens, screen doors, storm windows, storm doors, window coverings, garage door openerlsl and transmitterlsl, exterior trees, plants log or shrubbery, water heating apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in l09 and "drop-in" ranges (but excepting all other rangesl, fuel tanks and irrigation fixtures and equipment, and any and all, if any, water and water Ilo rights, and any and all, if any, ditches and ditch rights that are appurtenant thereto that are now on or used in connection with the premises III and shall be included in the sale unless otherwise provided herein. The following additional items are specifically: Ilz A. INCLUDED IN THIS SALE: NA II3 ua ns B. EXCLUDED IN THIS SALE:~]A Ile 117 Ile 7. SELLER'S PROPERTY DISCLOSURE FORM: If required by Title 55, Chapter 25 Idaho Code SELLER shall within ten 1101 days after 119 execution of this Agreement provide to BUYER "SELLER'S Property Disclosure Form" or other acceptable form. BUYER has received the Izo "SELLER'S Property Disclosure Form" or other acceptable form prior to signing this Agreement: ^ Yes ® No ^ N/A I21 8. LEAD PAINT DISCLOSURE: The subject property ®is ^ is not defined as "Target Housing" regarding lead-based paint or lead-based I'_-'- paint hazards. If yes, BUYER hereby acknowledges the following: 1 a 1 BUYER has been provided an EPA approved lead-based paint hazard 123 information pamphlet. 1 b) Receipt of Seller's Disclosure of Information and Acknowledgment Form and have been provided with all rernrds Iza test reports or other information, if any, related to the presence of lead-based paint hazards on said property. I c) That this contract is 12s contingent upon my right to have the property tested for lead-based paint hazards to be completed no later than 6 ~ 3 O ~ 9 8 or 12a the contingency will terminate. I d) That BUYER hereby ^ waive Q` do not waive this right. I e 1 That, if test results show unacceptable Izt amounts of lead-based paint on the premises, BUYER has the right to cancel the contract subject to the option of the SELLER Ito be given in Ile writing) to elect to remove the lead-based paint and correct the problem which must be accomplished before closing. I f l That , if the contract Iz9 is canceled under this clause, BUYER'S earnest money deposit will be returned to BUYER. I3o 9. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable 13I except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances 132 of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by 133 SELLER may be paid out of purchase money at date of closing. No liens, encumbrances or defects, which are to be discharged or assumed 13a by BUYER or to which title is taken subject to, exist unless otherwise specified in this Agreement. - 13s 10. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with I3a this Agreement, theprevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees, including 13t such costs and fees on appeal. I3g 11. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, BUYER and SELLER agree that in the 139 event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions loo are received by the holder of the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may lal await any proceeding, or at Broker's or closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things lag of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney's fees. Ia3 12. COVENANTS, CONDITIONS AND RESTRICTIONS (C.C.& R.'S-: BUYER is responsible to obtain and review a copy of the C.C.& R.'s lea lif applicable). BUYER has reviewed C.C.& R.'s. ^ Yes ~ No ^ Not Applicable INAI. los 13. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home"Owner's Association may be required and lea BUYER agrees to abide by the Articles of Incorporation, By-Laws and rules and regulations of the Association. BUYER is further aware that Io3 the Property may be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Iae Restrictions, BUYER has rev' kved Homeowner's Association Documents: ^ Yes ~^ No. ^ Not Applicable (NA) Ia9 Association fees/dues are H per Iso 14. RISK OF LOSS: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the premises be materially damaged Isl by fire or other destructive cause prior to closing, this Agreement sftall be voidable at the option of BUYER. Isz 15. BUSINESS DAY: Monday through Friday, excluding Saturday and Sunday, and excluding holidays as defined in Idaho Code, Section 67-5302. Is3 Ise I5a Ise Ist BUYER and SELLER acknowledge e ~ t of y of this page, which constitutes Page 2 of 4 Pages. I5a / ~~/~(~~~ Is9 BUYER'S Initials SELLER'S Initials I~~ ' / loo Ia1 This form is printed and distributed by the Ada County Association of REALTO Sa, Inc. /Idaho Association of REALTORS®, Inc. This form has been designed for and laz is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. Ia3 ~ USE BY ANY OTHER PERSON IS PROHIBITED. 164 Copyright Ada County Association of REALTORS°, Inc. /Idaho Association of REALTORS°, Inc. All rights reserved. ms lea R.E.21 EFFECTIVE DATE JULY 1, 1996 BROKER'S COPY tat PUFCHA~ALES AGREEMENT (RE21 1 -PAGE 3 • lea :a9 PROPERTY ADDRESS: 370 N. Linder Meridian ID 83642 _ 211800 ID A': Ito 16. INSPECTION: BUYER chooses ®to have inspection; ^ not tb have inspection. BUYER shalt have the right to conduct inspections, ItI investigations, tests, surveys and other studies at BUYER'S expense. If BUYER chooses not to have inspection skip li:tes 176 to 191. BUYER Itz shall, within 21 business daylsl complete these Ins ections and Ill P give to SELLER written notice of items disapproved of. BUYER is strongly advised to exercise these rights and to make BUYER's own selection of professionals with appropriate qualifications to conduct Inspections Ito of the entire property. BUYER's acceptance of the condition of the property is a contingency of this Agreement. ns ITa SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: 177 1. If BUYER does not within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall conclusively l7e be deemed to have: lal completed all Inspections, investigations, review of applicable documents and disclosures; Ibl elected to proceed with 179 the transaction and Icl assumed all liability, responsibility and expense for repairs or corrections other than for items which SELLER has Leo otherwise agreed in writing to repair or correct. IeI 2. If BUYER does within the strict time period specified give to SELLER written notice of items disa let pertinent sectionls) of written home Inspection. SELLER shall have PProved of, BUYER shall provide to SELLER I83 3.If SELLER does not respond within the strict time period specified, B- DYER shall) have aylsl in which to respond in writing. IBi ...-. .. _. 1B+ response, or after the expiration of the time for SELLER to respond, whichever occurs first`,) to cancel Ith s Agreesment en writing of SELLER'S .... _~ ... . - _~.._. ,,..- ---... ......:.......__ ,,, ..~,,.,.;,_-......,.,nn rr,~ ,,...,,, oroe peiluw ~yeuned; tsu t ~.. mall conclusively be deemed to lea have elected to proceed with the transaction without repairs or corrections other than for items which SELLER has otherwise agreed in writing let to repair or correct. 188 SELLER shall make the property available for all Inspections. BUYER shall keep the property free and clear of liens; indemnify and hold SELLER Ie9 harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections. No Inspections may Igo be made by any governmental building or zoning inspector or government em to ee without the prior consent of SELLER, unless required by 191 local law. P y 19z 17. FINAL VERIFICATION OF CONDITION: BUYER shall have the right to make a final Inspection of the property approximately 2 193 daylsl prior to close of escrow, not as a contingency of the sale,' but solely to confirm that: lal repairs have been completed as agreed in writing 194 by BUYER and SELLER, Ibl SELLER has complied with SELLER'S other obligations, and Ic) the ro ert y 19s condition as on the date of acceptance of the offer, unless otherwise agreed in writing. P P Y Is otherwise in substantial) the same 19a 18. COSTS PAID BY: Costs in addition to those listed below may be incurred by BUYER and SELLER unless otherwise agreed herein, or provided I99 by law or required by lender, or otherwise stated herein. The below costs will be paid as indicated. Some costs are subject to loan program 198 requirements. SELLER agrees to pay a maximum of S 500.00 I99 lender/appraiser inspection required costs. _~ BUVER SELLER Shared Not Equally Applicable BUYER 101 Appraisal Fee X Title Ins. Lentler'a Extended ALTA }( 101 Closing Escrow Fee X Tide Ins. Owner's Extended Policy 203 Contract Preparation }( Tide Ins. Standard Policy 20.1 Document Preparation Septic Inspection 205 Flood Certincation Fee Septic Pumping 20a Flood Tracking Fee Survey 207 Loan Assumption fee X Well Inspection 208 Tax Service Fee ~( 209 -- 210 19. TITLE INSURANCE: SELLER Snared Equally Not Applicable X X X X X X 'zlI I A 1 TITLE COMMITMENT: Prior to closing the transaction, ~ SELLER or ^ BUYER shall furnish to BUYER a commitment of a title ''-I'- insurance policy showing the condition of the title to said premises. BUYER shall have 5 business daylsl from receipt of the commitment 217 or until twenty-four 1241 hours prior to closing, whichever is the less, within which to object in writing to the condition of the title as set forth zls in the commitment. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title. It is agreed that if tfle ''-IS title of said premises is not marketable, or cannot be made so within zIa ~ defect is delivered to SELLER, BUYER'S Earnest Money deposit will be re[u_- ned to BUYER and SELLER shall paytfor the costtof title insurance '-lr cancellation fee, escrow and legal fees, if any. 21e I B) STANDARD TITLE POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance policy in the amount 219 of the purchase price of the premises showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set z2o out in this Agreement to be discharged or assumed by BUYER. -''-1 (C - LENDER'S ADDITION (ALTA POLICYI: The lender will require that BUYER (Borrower) furnish an Extentled Coverage Lenders Addition =z~ (ALTA) Policy. This extended coverage lenders policy will cover those claims against the property that may have become legal obligations --' before the purchase of the home and yet may not be public record until after the purchase. '-'-' I D 1 EXTENDED COVERAGE TITLE POLICY: A standard policy of title insurance does not cover certain potential problems or risks such '-=s as liens (i.e. a legal claim against premises for payment of some debt or obligation), boundary disputes, claims of easement and other matters 'zza of claims if they are not of public record at time of closing. However, under Idaho law, such potential claims against the premises may have -'~ become legal obligations before the purchase of the home and yet may not be of public record until after the purchase. It is recommended 2-e that BUYER talk to a title insurance company about what it offers in the way of extended coverage. Extended Coverage Title Policy requested 219 ^ Yes ®No. Additional premium paid by: ^ BUYER ^ SELLER . 23° I E 1 The parties agree that Pioneer 231 of commitment. Title Company shall provide title policy and preliminary report zlz 20. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which is deemed to be an original hereof, and all '233 of which shall together constitute one and the same instrument. z34 21. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes ''-ts all prior Agreements between the parties respecting such matters. No warranties, including, without limitation, any warranty of habitability, zla agreements or representations not expressly set forth herein shall be binding upon either party. an 22. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile zla transmission shall be the same as delivery of an original. At the request of either party or the Closing Agency, the parties will confirm facsimile 239 transmitted signatures by signing an original document. 140 241 BUYER and SELLER acknowledge eipt of co of this page, which constitutes Page 3 of 4 Pages. z4z 1°3 BUYER'S Initials 1 rl,l }~(~ Irp Dig z44 SELLER'S Initials ,_=~J 14s This form is printed and distributed by the Ada County Association of REAL RS®, Inc. /Idaho Association of REALTORS®, Inc. This form has been designed for and 14a is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS®. 34J USE BY ANY OTHER PERSON IS PROHIBITED. z4e Copyright Ada County Association of REALTORS°, Inc. /Idaho Association of REALTORS®, Inc. All rights reserved. 249 zso R.E.21 EFFECTIVE DATE JULY 1 1996 1al OnV1~Crl k7 2sz PURCHA``ALES AGREEMENT (RE21 1 -PAGE 4 zs4 PROPERTY ADDRESS: 370 N. Linder Meridian , ID .:..;042 IDn 211800 255 zse 23. DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option: 11; accepting rile Earnest Money as liquidated zsz damages or 121 pursuing any other lawful right or remedy to which SELLER may be entitled. ' If SELLER elects to proceed under 111, SELLER zsa shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred 2i9 by SELLER'S Broker on behalf of SELL"cR and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow afio fees, credit report fees, inspection fees and attorney's fees; and said holder shall pay, any balance of the Earnest Money, one-half to SELLER lei and one-half to SELLER'S Broker, provided that the amount to be paid to SELLER'S Broker shall not exceed the Broker's agreed to commission. 262 SELLER and BUYER specifically acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall x63 be SELLF.R's sole ai3if exclusive remed;, and such shall not be considered a penalty or forfeiture. If SELLER elects to proceed under 121, the 264 holder of the Earnest Money shall be entitled to pay th? cee?s incurred by SELLER'S Broker un bei3aii .,f TELLER and °! IYFA raft?d to the zbs transaction, including, without limitation, the costs o; brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and zfifi attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. 267 ~ If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, 9UYER's Earnest Money deposit shall be xfia returned to him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and 2fi9 attorney's fees, if any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled. z7o 24. SALES'PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as a result of this 271 Agreement may be provided to the County Assessor's Office by either party or by either party's Broker. 273 26. ACCEPTANCE: BUYER'S offer is made subject to the acceptance of SELLER on ar before IDate16 / 1 4 / 9 8 and ITimel 6 PM 'z7o If SELLER does not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to BUYER on demand. z7s 27. CLOSING: On or before the closing date, BUYER and SELLER shall deposit with the closing agency all funds and instruments necessary to ve complete the transaction. The closing date shall be no later than 9 / 1 ~ / 9 8 zn The parties agree that the "closing agency" for this transaction shall bye -~~tri~ 27a If a long-term escrow /collection is involved, then the long-term escrorw~holder shall be NA z79 Long term escrow fees/costs to be paid by ^ BUYER ^ SELLER ,Iq.1 Shared Equally 290 za1 28. POSSESSION: BUYER shall be entitled to possession ® upon closing or ^ other . "Closing" means the date on zaz which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER. Property taxes and 2e3 water assessments (using the last available assessment as a basis),.rents, interest and reserves, liens, encumbrances or obligations assumed zsa and utilities shall be pro-rated as of C lOS 1 ng .BUYER shall pay for fuel in tank, amount to be determined by the supplier at zes SELLER'S expense. zeb 29. SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject to the following special considerations and/or za7 contingencies which must be satisfied prior to closing: Saa Par~~~FL_~ 5 fc3r add i t i Ona l Conti n~ z9a gency. 289 290 30. ,REPRESENTATION CONFIRMATION: 291 In this transaction; the brokeragels) involved had the following relationshipls) with the BUYER.1'agent' or 'nonagent' or 'limited dual agent'I: I92 293 Listing broker acted as alnl nOri agent for the BUYER. 290 29s Selling broker acted as alnl agent for the BUYER. z9fi In this transaction, the brokeragels) involved has the following relationshipls) with the SELLER )'agent' or 'nonagent' or 'limited dual agent'): 297 299 Listing broker acted as alnl agent _ for the SELLER. 299 30o Selling broker acted as aln) nOndC]ellt for the SELLER. 301 3oz Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure Brochure and has elected 303 the relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection { 304 and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A 'CUSTOMER' AND IS NOT REPRESENTED BY A BROKER UNLESS THERE 3os IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 306 31. BUYER'S SIGNATURES: 307 ^ SEE A TACFIED BUYER'S ADOENDUMISI: (Specify number of BUYER addendumis) attached.) 308 /~ ~ ~ 309 BUYER Signature [,~~/i ~~ ~ ~~~_ ~ ^- BUYER Signature ~- 31o BUYERIPrintName) Wendell L.WTeriCe Jt. BUYERIPrintName) Kathleen L. dWl'enCe 311 Date F f 1 1/ 9 R Time Phone # g g'J _ 0 O Y 0 Date 6/ 1 1/ 9$ Time Phone # 312 Address RR9 N_ Fillmc3ra Address m City Mar i d i a n State T1) ZiP 8 3 6 4 2 City State Zip n. 32. SELLER'S SIGNATURES: 31s On this date, l/We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms 316 thereof on the part of the SELLER. I/We further acknowledge receipt of a true copy of this Agreement signed by both parties. 317 ~, SIGNATUREISI SUBJECT TO COUNTER OFFER ^ SEE ATTACHED SELLER ADDENDUM 31a ^ SEE ATTACHED SELLERS RIGHT TO CONTIN/U~E TO MARKET PREMISES '~ SEE ATTA//C~~HfIED COU~NTE`R ~OF)\FERIS~) (/~~ ~ ~ ~ 319 ~ f', A ~ ~ g ~ ~L. ~~li'~./V.c~ 32o SELLER Signature W ~!.?i`+-tJ SELLER Si nature ~^I 3z1 SELLER (Print Name) W p0[~ r^O L.a./ ~ {-~ f} S C SELLER (Print Name) /'T ~'1 ~ ~ A ~ ~ R~S 6 uz Date Time Phone # Date Time Phone # 3z3 Address Address 3zo City State Zip City State Zip 3zs 326 33. BUYER'S ACKNOWLEDGMENT OF RECEIPT OF FINAL COPY BEARING ALL SIGNATURES: 3z7 A true copy of the foregoing Agreement, signed by the SELLER and containing the full and complete description of the premises, Sze // ~ is ereby received on this (~~/~/~~d/a~y of _, 19 329 lL//,/ - / ~~ ________E7.'_.•~/~~ 33o BUYER: d/Y~ BUYER: /t~oX/.Z GAS ~fv'L' J 371 33z BUYER andSELLERackno I receipt y of this page, which constitutes Pa e 4 0 4 Pages. 3n BUYER'S INITIALS 111 SELLER'S INITIALS (~I1~ na 335 This form is Drinted and distributed by the Ada County Association of REALTORS®, Inc. /Idaho Association of REALTORSe, Inc. This form has been designed for and 336 is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORSe. 337 USE BY ANY OTHER PERSON IS PROHIBITED. 33a Copyright Ada County Association of REALTORS®, Inc. /Idaho Association of REALTORS°, Inc. 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V a ~ Ll~ ~ ~° G U $ 9 O o . ~ A z ti ' E ~ N ~ N Y O C C ~ ~ ~ ~ ~ O O Z Q 1 .~ ~- ; O Y~ ff~ Q Z N ~ W N Z N c~ a ~~ U/ 3Z~ ~z ~~ -- Q N Q N W N Z (7 a • • Addendum #1 to Purchase and Sale Agreement No. 211800 Dated 06/11/1998 Buyer(s) Wendell Jr. and Kathleen L. Lawrence. Seller(s) Woodrow L. and Anita S. Chase This is an addendum to a Purchase and Sale Agreement. Read the entire document, including any attachments, carefully, before signing. If you have any questions, consult your attorney before signing. The undersigned parties hereby agree as follows: A. The closing date (paragraph 27), on Purchase and Sale Agreement #211800, dated 6/11/98, is extended from 9/15/98 to 12/15/98. All other provisions of the agreement remain the same. B. This Addendum, upon its execution by both parties, is made an integral part of Purchase and Sale Agreement #211800, dated 6/11/98. 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O d O Y ~ O O O O O x ~ c o W ~ W ~ W V W W W W W OQo N ~ ~ ~ y ^^^^a ~ Q~ ~ ~ 0o w O~ A Q O~ A O~ .A O~ +i 6~ ~ O~ .p ~ N W C' ~ N 00 n n ~ A n m p N m w `° ~ N, N ~ N N W N N N N N N N N N N N_ N ~ J ~~o~ -,•m a amp 5 ~ .A to J ~ r-+ .A W ~ •p N •P 00 ? 00 A 00 .A 00 ? 00 ~ ~ ~ N ~` - m Q CIS Cn O~ to N W W W 1L A. ~ ^^ ^~ , J c ~ y m ~~ m ~ . m ~' o s~ °-'m~m _QaII o.m ~~v ~~'w~ wa w' ~ . o i,m~, c v~o~oom v~^w~ ° m 3w ~ w wQ m~ ~ ~cn m _. n 3 s ~ ~ .w p-- a r m y - ~~ w gwyNm~p ~p_ y w ~ O -mmwQ2w w Ai w (D p n p p _ N~ ~ 7 (D d j p N O p' ~ C ~ O ~ w » _ C w ~ O 7 f7 O ~~mo3~c' wm -.gym ' ~~ w~' L ~ N _ O 2 m a N~ O~~ O p 4 c N N a mw3wy> > N C~~ O Q w ~a [T2 n ~ ~ X O N p _ w o~ 3 00 o p w p y ' ~ ~ r-'i f ~ o.om~Na ~, I~ - pa O ~ mm3 ' T, p U N p7 ~, ~ J o c°,Z' m ~ ~ ~°'~ o 7 a_ ~ m ° wv n 3 p w m mw ~w~ x-e ~w - o ~~~ m7f7 m• Q m w.m _. ~ o~-~ ~ p m w m7o W ~y m ?~ ~pcnN(DN ~ (A O NNN~~ W O N x ~U) ~ QOd ZJ ~ N ~. . . N ~ocn3p:m (D O (D -pC p ~ (D ~ O ~ p p. j .O _.C T (A ~ ~ ooo~mw. ~ ~~ J3~ ~_ ~ ~ w~~~Ow i -t- w N X a~ A 91 C ~w~Q~3 ° ' c ~ ~ } dm _ o~3 o ' ~ ~' m N o w is m - m ~, L(a . . m °'~~x~m m (p p.SN N ~ • KASHA LAWRENCE PROPERTY OWNERS WITHIN 300' DOBARAN JOHN & ARVELLA 6141 N GAD WALL LN BOISE ID 83714-1287 531 N CINDER RD SCOTT CRAIG A & TRISH LYNN 1535 W BIDDICK CT MERIDIAN ID 83642-2483 HAZ-TEC DRILLING INC PO BOX 940 MERIDIAN ID 83680-0940 N CINDER RD WARR VICTOR L & DEIDRE 10910 ARABIAN WAY BOISE ID 83709 NCINDER RD SUMITOMO LEASING AND FINANCE INC HARRY AMYOTTE 277 PARK AVE NEW YORK NY 10172 1103 W PINE AVE HENBEST GERALD LEE JR & CHERYL ANNE 524 NW' 15TH ST MERIDIAN ID 83642-2464 VAUGHAN DOLORES ANNE 1491 W BIDDICK CT MERIDIAN ID 83642-2481 STONE JEREMIAH D & HANNAH 1585 W BIDDICK CT MERIDIAN ID 83642-2484 HILL JASON 1575 W BIDDICK CT MERIDIAN ID 83642-2484 MELLEN ANGELA AND MCDONALD BILLIE M 1521 W BIDDICK CT MERIDIAN ID 83642-2483 CHASE WOODROW L ETUX 370 N CINDER RD MERIDIAN ID 83642-2435 N CINDER RD WILLIAMSON ELAINE I 1200 W FRANKLIN RD MERIDIAN ID 83642-2417 E FRANKLIN RD 1200 W FRANKLIN RD CHASE WOODRO W L ET UX 370 N CINDER RD MERIDIAN ID 83642-2435 RANDOLPH GERALD C & WANDA M 265 WILSON DR MOUNTAIN HOME ID 83647-1566 330 N CINDER RD WITT JAMES W ET UX 300 N CINDER RD MERIDIAN ID 83642-2435 WILSON CA,RRINE A 1555 W BIDDICK CT MERIDIAN ID 83642-2483 K X x x x K ,~ x x x x x x ~as~ a, ,~~ ;-r~r e~ ~ ~ ~ ~~I. ~ .,. .~ '~' ;~ '"" . .. .. , BEFORE THE .MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) Case No. AZ-98-102 APPLICATION OF WENDELL &. ) ~ x KATHLEEN LAWRENCE FOR ) FINDINGS `OF FACT AND ANNEXATION AND ZONING' ) CONCLUSIONS OF LAW AND OF 2.47 ACRES FOR A CHILD ) DECISION AND ORDER CARE FACILITY, MERIDIAN, ) . ~ GRANTING APPLICATION IDAHO ) FOR ANNEXATION.AND _.) ZONING - ` The above entitled annexation and zoning applicationshaving come on a for public hearing on Apri1~20, 1999, at the hour of 7:30 o'clock p.m., -Brad Hawkins- Clark having appeared on behalf of the Planning and Zoning. Department; and the Applicant, Kathleen Lawrence, having appeared and testified, and no one having testified in opposition, the-City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1.+~> The notice of public~hearing on the application for annexation and r zoning was published for two (2) consecutive weeks prior to said public hearing `FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 Y AND DECISION ANDS ORDER GRANTING APPLICATION FOR ANNEXATION, AND ZUNING/WENDELL Sz I<ATHLEEIV LAWRENCE . FOR A CHILD CARE FACILITY _ s. i scheduled for April 20, 1999, before the City Council, the first publication appearing.., and written notice- having been mailed to property owners or purchasers of-record within three hundred (300') feet of the external boundaries of the property under - Y consideration more than fifteen (15) ,days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available.to newspaper, radio and television stations~as public service announcements; .and the matter having been~duly considered by the City Council atahe April 20, 1999, public s hearing; and~the applicant, affected property owners, and-government subdivisions providing`services within the planning jurisdiction of the-'City of Meridian, having ,. been given full opportunity to express,commerits and submit evidence. .a 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509.,and 67-6511, and §§11-2-416E-and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivision 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 2.1, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the_ Impact Area Boundary. ' 4. The property is approximately 1 acre in size, but the legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND„ ORDER GRANTING APPLICATION. i FOR ANNEXATION AND ZONING7WENDELL & KATHLEEN -LAWRENCE FOR A CHILD CARE FACILITY / n ~: a ~ i describes more than ~ l acre because it includes the UPRR right-of-way and Linder ~ ,. .. Road right-of--way. The property is located on Linder Road, South of Pine Street,. North'.of Hwy. 30 and Franklin Road. . 5. The owners of record of the subject property are Woodrow acid Anita Chase, of 370 N. Linder, Meridian; Idaho. .. f b 6. Applicants are Wendell and Kathleen Lawrence, of 889 N. Fillmore r Way,`Meridian, Idaho. ~~ . 7. The property is presently zoned by Ada County as .Residential (R-1), and consists of a vacant~lot. s ..~ . , 8: _ The Applicants request that the property be zoned as Limited Office District (L-O). P 9. The proposed site of the subject property is 'on'the east. side of Linder Road, approximately 1,100"feet of Franklin Road. 10. The city limits of the City of Meridian_are adjacent and abut' o the '§ . north of the subject property. - 11. The property which is the subject of this application is within the Area f of Impact of the City of Meridian. 12. The entire 'parcel of the property is included within the'IVleridian Urban Service. Planning Area as 'the Urban Service Planning Area is defined in the Meridian ,. Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAWY-'Page 3 AND DECISION AND ORDER`GRANTING APPLICATION '° FOR ANNEXATION AND ZONING/WENDELL ~ KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY - ~ ~_j. 13. The Applicant proposes to develop the subject .property in the following manner: Construct and develop a 4,800 sq.ft., 50 children child care facility. 14. The Applicants requested zoning of the subject real property as Limited Office (L-0) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject ' property as Existing Urban Development. 15. There,are no significant or scenic features of major importance that affect the consideration ofsthis application. ~ n .. _ 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning r juri's'diction, public facilities and services required-by the proposed development will ' not impose expense upon the public if the following- conditions of development are imposed: Adopt the Planning and -Zoning Administrator and Assistant City .Engineer Recommendations as follows: ~~ 16.1 :The legal description for annexation included in the .application. appears to describe the subject site and 1/2 of the adjacent~rights-of-way,of the Union Pacific Railroad and North Linder Road. 16.2 Any existing irrigation drainage ditches crossing the~property to be included in this project shall be tiled per~City Ordinance 11-9-605.M'. The ditches to be piped shall be designated on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with ..written confirmation of said approval submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 ~ x `~ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE r ' FOR A CHILD' CARE"FACILITY ' F' Y. et 6 Y W~ to the Public Worlcs Department. No variances have: been requested for R tiling of any ditches crossing this project. °~ 16.3. Any existing domestic wells and/or septic systemsYwithin this project shall be removed from their domestic service per City .Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as ~' landscapeirrigation. 16.4 The .Meridian Comprehensive Plan shows a "designation of existing urban for this property. This. request appears to be consistent with the goals and policies of the Meridian Comprehensive Plan. 1`6.5 A development agreement is required as a condition of annexation.. 16.6 ,Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as :detailed in site-specific requirements. ` 16:7 .Paving and striping shall be in accordance with the standards set forth in Sections-ll-2-414.D.4 and 11-2-414.~D.5 of-the City of Meridian Zoning and Development Ordinance and in accordance :with Americans a with-Disabilities Act (ADA) requirements. ' 16.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and-shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all,off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.9 Outside lighting~shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City°Ordinance Section ll-2-14.D'.3. 16.10 All sigriage shall be in accordance with the standards set forth in-Section 11-2-415 of the City of Meridian Zoning andxDevelopment Ordinance. No temporary'signage or flashing signs will~be permitted. f t 16.11 Applicants shall determine the normal high groundwater elevation, and submit a profile ~of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - -Page 5 :. AND- DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL S& I<.ATHLEEN LAWRENCE FOR A CHILD CARE FACILITY, 4 _w ~ y 16.1.2 Applicants shall provide five-foot-wide sidewalks in accordance with City ;Ordinance Section 11-9-606:'B. 16.13 All construction shall conform to the requirements of the Americans • with Disabilities Act. 16.14 The conditional use permit shall be subject to review- upon ter days notice to the Applicant. 16.15 Sanitary sewer service to the proposed site could, be extended from the existing main line installed adjacent to the north of the subject site. 16.16 Water service to the proposed site could be extended from the existing• water main line installed in Linder Road. Applicants shall provide the ` Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 16.1 T Assessment fees °for water and sewer- service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 16.18 A minimum°of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicanti~shall submit detailed landscape plans for review and approval during the building plan review process. 16.19 Applicant shall pay particular attention to lighting plans to ensure~that lights do not cause`glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department.. The Public Works Department is in the process of determining detailed, standards for lighting. 16.20 A minimum 20-foot-wide landscape setback beyond required right-of- way on~Linder Road'shall be made a condition of annexation. The setbacks shown exceed this requirement. 16.21 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential 'properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY r t. ,. i .. ~ °~ 16.22 No° use of the Union Pacific Railroad corridor is proposed, and none is approved =with this application. Use of the [JPRR corridor without appropriate approvals may because for revocation of the conditional use permit., The Meridian Comprehensive Plan calls for preservation of the UPRR corridor for- future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 16.23 No signage details were submitted. Detailed signage plans shall be included as part of this application for. review and, approval. All signage is subject to_ design review approval. 16.24 Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. . 16.25 Ada County Highway District's draft report indicates ~ they will only approve asingle driyeway-access on Linder Road which would align with an existing driveway to the west. Modification of the site plan will be required to reflect the- conditions of Ada County' Highway District. 16.26 Any transfer. of the conditional use permit will require a public hearing in accordance with City Ordinance. 16.27 Submit evidence of licensing .from the -Idaho Department., of Health SL Welfare prior to operation of the facility. R, 16.28 Applicant shall obtain a Certificate of Occupancykprior tosany use of the building. H s 16.29 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-4418. 1 e 17. It is foundthat if the developer pays for the requested improvements and complies with the conditions set forth in the findings of fact no. 16, and all subparts, the economic welfare of the City ands its residents and tax and ratepayers FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND~ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL Sz KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY- ~ # t " will be protected, which requirement shall be included in a development: agreement, a condition of annexation and zoning designation. 3 18. It is found that the development considerations must be taken into account in order to .,assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in + 4 appearance with the existing,.,or intended character of the general. vicinity; in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, ~ or future .neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, °noise, smoke, fumes, glare and odors. 19. The proposedrdevelopment will serve existing and growing needs and'willy provide services to surrounding institutional, commercial and residential development.. 20. The development of the property as a day care facility in the (I;=O) P Limited Office District, .as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be, reasonable in relation to the requested` zone (L-O) Limited Office District and is in~accordance with the adoptive Comprehensive Plan of the City of Meridian. 21. The subject annexation request and zoning designation and proposed .development relates to the goals and policies of the Comprehensive Plan of the City as W ,- 3 a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND- ORDER GRANTING APPLICATION p FOR~ANIVEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR°'A CHILD CARE FACILITY ~, k w f . , n ~. follows: 21.1 ~ The consideration of the provisions of the Comprehensive Plan and the ` : requirements of the Zoning Ordinance assure that the processing of such a application is the management of growth with the aim'to achieve high- quality development. Enhancement -of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to all applications such as the ~subjecf` application. 21.2 This proposed new growth, development will finance public service ,. _ expansion by`the ~ requirement herein that the Applicant comply with the . requests submitted of the political subdivisions responses within. the • Meridian Urbane Service PlanningfArea submitted in the record of thisx ,matter. ' 3 2lr 3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. ~, z 21.4 The application is consistent with Meridian's self-identity. r =21.5 The proposed development will be consistent-with the goal of supplying employment and economic self-sufficiency for the existing-and future - residents of .the City and the reduction of the reliance. upon#-Boise and the' strengthening of the City's ability to finance and implement public improvements, services and its open space character. 21.6 The preservation and improvement of the character and ;quality of ., Meridian's. man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the ~ Comprehensive Plan and, the Zoning ordinances of the City to the . ~ _ ~ ,; subject application. .21.7 - Compliance with the requests of the political subdivisions providing services, assures that community services are being .provided for existing and projected needs acid that the land use patterns of the City are balanced to insure that revenues pay for services and .chat the Urban Service Planning Area is:visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIWENDELL &. KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY r ~ F. C- 21.8 Compatible and efficient use of land through innovative,and-functiohal site design is achieved by applying -the criteria of the Comprehensive plan and -the Zoning ordinances of the City to the subject application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the 'real property being contiguous or adjacent to city boundaries and that said property. lies within the area of city impact as provided by .~ Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- ¢, 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The. City of Meridian has exercised its authority and responsibility as 3 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian" adopted t December 21, 1993; yOrd. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City` of Meridian Comprehensive Plan -and. are applicable to this Application: % ° - 4.1 The Goals of the Comprehensive Plan are set forth at Page 5~ and include: FINDINGS OF FACT-AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A-CHILD CARE FACILITY ,. 4.1.1 To preserve Meridian's environmental quality and to~malce provisions for and improve the total ..natural, environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. M 4.1.2 To ensure that growth and development occur. in an orderly '' fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services ~ and the distribution of new housing units within the Urban Service Planning Area. k 4.1:3 To encourage the kind _ of economic growth and °development which. supplies employment and economic self-sufficiency for existing and: future residents; reduces the present reliance on Boise and strengthens the City's ability to' finance and implement public improvements,. services and its open space character: 4.1.4 To provide housing opportunities for all economic groups within the community. 4.1.5 To preserve and. improve., the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4'.1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences`of the citizens of Meridian and to insure that--these facilities are available to all residents of the City. 4.1.7 To provide communityservices to fit existing and projected needs. ;~ 4.1.8 To,.establish compatible acid efficient use °of land, through the use of innovative and functional site design. i 4.1.9 To encourage a balance of land use patterns to insure 'that revenues pay for services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page Y11 .. AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY f , r 4.1. IO To create an Urban Service Planning Area which is visually attractive, efficiently managed r and clearly identifiable'. 2. Under ECONOMIC DEVELOPMENT : .. , COMMERCIAL ACTIVITY CENTERS at page 17 . Retail, commercial and office development are frequent partners ` within Commercial Activity Centers. In order to support •. ~ residential and industrial developments, areas should be set aside . as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on' the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the, plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated '~ development of several major uses as part of a single project, such - as specialty retail commercial, variable density residential, offices, motels, industrial, service, commercial, and- public and semi-public uses. Certain areas have been designated for mixed-planned- uses. e The development of mixed and planned` compatible- land uses should be carefully guided" through specific project plans, in r accordance with the mixed-use policies contained- in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 ° .. 1.1 The City of Meridian shall make every effort to create a .. positive atmosphere which encourages industrial and . commercial enterprises to locate in Meridian. 1.2 It is the policy of the .,City of Meridian to seta aside areas 3 i FINDINGS OF-FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE ~ ` - FOR A-CHILD CARE FACILITY:n i . R r4 e f ,- t . ~. - _ where commercial and industrial interests..°and activities are to dominate: ~~ ~. 1.3 The character, site improvements and type of new x r commercial or. industrial developments should be harmonized with the natural environment and respectthe ;. ,unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. as ` 1.6 It is`the policy of,the City of Meridian to support shopping facilities which are effectively integrated: into new or existing: residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE . P '" EXISTING CONDITIONS, Page 21 . Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include _ retail, wholesale, service, office, and limited :manufacturing. Area of Impact, Page 22 Comprehensive Plan Map ' The proposed future land use delineations for the impact area are.,, shown -on the Comprehensive Plan Map -Generalized Land , Uses,... The land use element is based upon these objectives: '' 4. Planned mixed ,,uses~~ along 1-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.} ,_ -~ _{ ~ ,, FINDINGS~OF FACT AND CONCLUSIONS OF LAW -Page 13 AND. DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGlWENDELL SZ.1<ATHLEEN LAWRENCE FOR A CHILD CARE FACILITY t ~. w .a ~, LAND USE GOAL STATEMENT Page 22 , ~` - ~ GENERAL POLICES: ~~ ~1.4LJ Encourage new development which. reinforces the City's present development pattern of higher-density development within the Old-Town area and lower-density development in outlying areas. 1.5tJ Encourage a balance of =land uses ~-to ensure that Meridian "remains a desirable, stable and self-sufficient community. 1.7tJ Continue to promote a land development process that is clear and concise. 1.8U Promote the development ~ of high-quality and environmentally compatible residential `areas that contain the necessary parks, schools and commercial facilities to maintain and form -identifiable neighborhoods. RESIDENTIAL POLICIES: Page 23 2.5U Encourage compatible infill development which will improve existing neighborhoods.. COMMERCIAL ACTIVITY CENTERS Page 25 In~all cases, the locations of Commercial Activity Centers should be :guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation y , 3. Impacts on Arterial Street System 4. ' Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas t _ 6. Accessibility of .Site 7. Parking Demands s: 8. Pedestrian Circulation FINDINGS OF FACT AND. CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION'AND ZONINGIWENDELL ~& KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY ,. • k , m . ~ .~ ~ 9. Available .Utility. Systems ~ s 10. Aesthetics (DesignConsiderations) .. 1 L ,Use Impacts Upon Other~Adjacent Uses ` 12. Internal Circulation Design • 13. ~ Drainage e. ,_ 5. ,Under COMMUNITY DESIGN, at Page 71 , Community Identification Goal Statement Create visual quality °and functional identity fo`r ~ the City of Meridian and its surrounding environment: Policies - - f 1.1 All. 'commercial and industrial developments -should be reviewed by the City for adequate site planning. e • 1.3 Open space areas within all development should be encouraged. 1 .4 Nlajor4 entrances to the City should be enhanced and emphasized.. Unattractive land-uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to' install and maintain landscaping. b k ~ X }~ '` 2.2U Encourage area beautification through uniform sign design that enhances -the community. 2.3U Encourage the beautification,of streets, parking lots, public .,lands; and--state highways. '. 2.5U"Encourage the use of attractive open space, landscaping, ~- lighting, and street furniture for` the benefit of the public. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER,GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY R -, a ~ !' 4 5. The requested..zoning of Limited Office, (L-O) is defined in the Zoning ~. Ordinance at 11-2-408 B. 7. as follows: ~L-O~Limited Office District: The purpose of the (L-O) Limited~Office District is to permit the establishment of groupings .of professional research, executive; , administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such;. a nature to create noise, vibration or emissions of a nature offensive to the' overall purpose of this district. The L-O District is ,designed to act as a buffer between other more intense non-residential uses and high density residential. uses, and is thus a transitional use. Connection to the, Municipal Water .and Sewer System of the City of Meridian is a requirement in this district. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, } ~; Commercial, lists commercial uses allowed in the various .zoning districts. of the City; that child care centers are listed as permitted for child care as .conditional uses in the 3 Limited- Office (L-O) District. {~ ,~ 7. That the City~of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all .development requests will be subject to development review and conditional use permit processing to insure k neighborhood compatibility. 8. By authority of .,the City of Meridian. under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any day care facility on this parcel of land. r 9. Since the annexation. and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of -land. See'Burt vs. The L FINDINGS OF' FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. I<.ATHLEEN LAWRENCE _ FOR A CHILD CARE FACILITY. a . {, ,_ City of~Idaho Falls, 105 Idaho 65, 665' P2d 1075 (1983). 10. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11- 9-616 which pertains to development time schedules and- requirements; Section 1.1-9- 605 M, which pertains 'to the piping of ditches; and Section 11-9-606 B 14.,-..which pertains to pressurized irrigation systems. 11. The' development of the property shall be subject ,to and controlled by' the Zoning and Subdivision and Development` Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: ` ~. If property is annexed and zoned, the .City may require or permit, as °a . condition of the zoning, that. an owner or developer make a written commitment concerning the use or development:of the subject property.` If a commitment is `required or permitted, it shall be recorded in the ~ office of the ,Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property,: or prior if agreed to by the owner of the parcel. ,~ r.. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING a t FINDINGS .OF FACT AND CONCLUSIONS OF LAW, the City Council. does ;~ ,, hereby~'Order and this: does Order: rv 1. .~ This application is for annexation and~zoning of 1 acre located on Linder Road, South of Pine Street, North of Hwy 30 and Franklin Road, Meridian ,Idaho. The legal description -shall be prepared by a Registered Land Surveyor, Licensed by a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND .DECISION AND ORDER GRANTING APPLICATION ' FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE ' FOR A CHILD CARE FACILITY L °~ the .State of Idaho, and shall conform to all the provisions°of the City of. Meridian Resolution No 1-58. The legal. description for annexation must place .this parcel contiguous to the Corporate CityLLimits-per Ordinance No. 686. 2. That the City Attorney shall ~ prepare for consideration by the City Council the;,appropriate,ordinance for the annexation and zoning designation. The (L-O) Limited Office Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and `~ 3. Developer enter into a Development Agreement, .that provides in the event the conditions therein are not met by the .Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1,. The legal description for annexation included in°the application appears ` to describe the subject site and 1/z of the.. adjacent rights-of-way of the `~ Union Pacific Railroad and North Linder Road. ,. ;~ 3.2. Any existing irrigation/drainage ditches crossing the property to be • included in this project shall be tiled per City Ordinance 11-9`-605.M. The ditches to be piped shall be designated on the site plans. Plans shall be 'approved by -theappropriate irrigation/drainage district, or lateral users association, with written :confirmation of said approval submitted ~' ~ ~ to the Public Works, Department. No variances have been requested for =tiling,of any ditches crossing this project. t 3.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance' Section 5-7-5 17. Wells may be used for non-domestic) purposes such as landscape irrigation. 3.4 The Meridian,Comprehensive Plan shows a designation of existing urban for this property. This request appears to be consistent with the goals and policies of the Meridian Comprehensive Plan. , 3.5 A development agreement' is required as a .condition of annexation. 3.6 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian. Zoning, and Development Ordinance and/or as FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 M AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGlWENDELL Sz KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY a. detailed in site-specific requirements.- y 3.7 Paving and striping shall'be iri accordance with the standards set forth in ", ~ Sections 11-2-414.D.4 and 11=2-414.D.5 of the City of Meridian Zoning `and Development Ordinance and in accordance with Americans -with Disabilities Act (ADA) requirements. ". 3.8 A drainage plan designed. by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas "and in .accordance with City Ordinance Section 11-2-14.D.3. " ,,.: 3:10 All signage shall be in accordance with the standards set forth in Section . 11-2-415 of the City~of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. , Po 3.11 Applicants shall determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of a site drainage plan. 3.12 Applicants shall provide five-foot-wide sidewalks in accordance with' City Ordinance Sectiona-9-606.B. " 3.13 All construction shall conform to the requirements of the Americans } with Disabilities Act. 3.14 The conditional use permit shall ~be subject to review=upon ten~ days notice to the Applicant. 3.15. Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject site. 3.16 Water service to the proposed site could be extended from• the existing water main line installed in Linder- Road. Applicants shall provide the Public Works Department with information on anticipated. fire flow and r " FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION ' FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY r~ ~ 7 ~ 3 ¢ 4 .. ~, , :~ Y domestic water requirements for the proposed site. 3.17 Assessment fees for water and° sewer service are determined during the ~, building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. ~ f 3.18 A minimum of one. three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of ~` pavement so quantity of three=inch-caliper trees required- can be' determined: Applicant shall submit detailed landscape plans for review . and approval during the building plan review process.. 3.19 _Applicant shall pay particular attention, to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the r traveling public, as determined` by the Meridian. Public Works Department. The Public Works Department° Fis in the process of ..determining detailed standards for lighting. 3.20 A minimum 20-foot-wide landscape setback beyond required right=of- way on Linder Road shall be made a condition of annexation. The setbacks shown exceed this requirement. . 3.21 4 w > Provide and maintain minimum 20-foot-wide plantin stri s adjaceht to g p all residential properties. ~ , 3.22 No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. -Use of the UPRR corridor without appropriate approvals may because for revocation of the conditional use permit. The Meridian .Comprehensive Plan calls °for preservation of the UPRR corridor for -future pathway use. Planting strips adjacent ~to the railroad corridor are encouraged. 3.23 No signage details were submitted. Detailed signage plans shall °be included as part of this application for review and approval. All signage is subject to design review approval. 3.24 Coordinate° the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. r G FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND- ORDER GRANTINGAPPLICATION FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 1. r .3.25 ,Ada County Highway District's draft report indicates°"fhey will only approve a single driveway access on~Linder Road which would align with an ~ existing driveway toy the west. Modification of the site plan .will be required .to' reflect the conditions of Ada County Highway District. 3.26 Any transfer of the conditional .use- permit will require a public hearing in~accordance with City Ordinance. . 3.27- Submit evidence of licensing from the Idaho Department of Health Fz Welfare prior to operation of the facility. 3.28 Applicant shall obtain a Certificate of Occupancy prior to any use of the building. ~. 3.29 The P&Z Commission and Council, .may prescribe 'appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11=2-418. 8:. .~ FINDINGS OF FACT AND CONCLUSIONS OF L`AW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY ~ . {. ~~ _ e ~ , ~. b . y' NOTICE OF FINAL ACTION ~~ i 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 is a person who . has an interest in real property which may be adversely .affected by the issuance or denial of the annexation and zoning and who 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. By action of the City. Council at its regular meeting held April 20, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED '~ '~ COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD - VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /n ~ l ~~9 . FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 22 5 ° .AND DECISTON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIN'G/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY ~~ i 4 q x l - a Fr s FY ^ ' MOTION: .APPROVED: DISAPPROVED: ~. Copy served upon. Applicant, the Planning and Zoning Department and the Public ' Works Department. BY~ Dated: .r~ ¢~~9 City Clerk i .~ ry f msg/Z:\Work\M\MeridianA15360M\I,awrence Day Care\AZCommDecOrd:Fcs.fr~ ~. ~y 9 . ~r~RM^,~~ t ~ ~ ~ RECE~~ MAY - 4 1999 ~~f' ~ ~~' ~ ~*~~~ r iiiiiiiitilttitS-~i~``*` a CITY OF MERIDIAN k ~ - A ! 5 d `` .% z ~ v * ~ u 3 ~ t - ... .i,. FINDINGS. OF FACT AND CONCLUSIONS OF LAW -Page 23 ~~ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ~ZONING/WENDELL & KATHLEEN. LAWRENCE FOR A CHILD CARE FACILITY ,; t . ~~.~,~ _~. ~.b. ~. i w: ~_. ,+_ ~•r ~ _ ** TX CONFIRMATION REPORT ** AS OF JUN 15 '99 11:37 PAGE.01 t + CITY~OF MERIDIAN b DATE TIME TOiFROM 02 06115 11:34 208 888 1097 ----------------------------------- i,j MODE MINiSEC PGS CMDt# STATUS EC--S' 02'53" 007 080 OK artavo~ HUB OF TRE4SflRE YALLFY ROBERT D, CORR~ A Cood Place to Live LEGAL DEPAR7;rtENT C•Onnril M m CITY OF` MERIDI 1203) 331-t26.[ CHARLES ROUNTREE AN PUBLIC wORKs GLENN BENTLEY 33 EAST IDAIiO BUILDING DEPARTMENT RON ANDERSON MERIDIAN, IDAI~O 83612 (=~3t 3s7._zl I Phone (208) 888.4433 • Fax (208) 687813 KEITH H[RD PLANNING AND ZONING DEPARTMENT (:03139x•3533 ., • t' ~, a ~ . °~ t FACSIMILE COVER SHEET -~ „~ t=FAX NUMBER: ~ - ~ ~~ DATE: TO. - ,~ ~: TITLE/DEPARTMENT: I ll~(.r1S ~ _ CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):TM t ,CI/T~Y 0 MERIDIAN - FAX NUMBER: (208) 888-4218 '6n II ~ ~ I n. .. 4 3 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. Mayor ROBERT D. CORRIE o.n it M m re CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD KUB OF TREASURE VALLEY A Govd Place to Live CITY Off' MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83632 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (203)381-1261 PUBLIC WORKS BUILDING DEPARTMENT c2o3)337-2211 PLANNING AND ZONING DEPARTMENT (208)331-5533 p~ r` FACSIMILE COVER SHEET jj ,~, FAX NUMBER: ~ 016 ~ ~ ~~ DATE: lX. TO TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): NAME: CITY O~ MERIDIAN - FAX NUMBER: (208) 888-4218 n i (1 i TITLE/DEPARTMENT: l ~ D /1 ~_ S COMMENTS: PLEASE CALL US IF YOU DO NOT RECE{VE ALL FAX TRANSACTIONS SUCCESSFULLY (208) -888-4433. ~~~~ t ,.. ~ _v.ii ~. ~ertified 1lllailing Retu~ Project Name ~Y - ~G~~ File No(s) /M (I A / _ Certified Mailing Returns " ~ Project Name ~a~,~Q,n~~ ~ ~ Cad ~ File No(s) lll... ~ 1,\~ Da a of Hearing Name Address Reason for Retum n .:.,'.L' ,A +si ~ bud ,....,,.. ~ ,~> :l~h Gbi,PdTY RI_CQRD`R `~ ,1. ~F'}~~R p;r~VARi10 149 J'~ 1 ~ F~°S 1: l; ~} CITY OF MERIDIAN ORDINANCE NO. ~ ~~ 7 ~ECDRO~~J-REi7lJcST E~~ G~'L~G~t a n ~~ FED ~ u~'UT'f ~~~ ~90~3 87 AN ORDINANCE ~ FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND. DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI< OF THE CITY OF MERIDIAN TO.FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR,,,AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that thelCity of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land located in the Southwest Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, .Idaho, being more` particularly described as follows: Commencing at the Southwest corner of said Section 12; thence North 00°04'00" West a distance of 1282.33 feet along the Westerly line of said Section 12 to the TRUE POINT OF BEGINNING, said point being the Southwest corner of Lot 1, Heppers Acre Subdivision; thence North 00°04'00" West a distance of 300.02 feet continuing along WENDELL AND KATHLEEN LAWRENCE 1 ANNEXATION AND ZONING ORDINANCE s • ., the Westerly line of said Section 12 to a point on the center line of Union Pacific Railroad Right-of-Way; thence South 88°59'00" East a distance of 358.61 feet along said Union Pacific Railroad Right of Way center line to a point; thence South 00°07'00" West a distance of 300.00 feet to the Southeast corner of Lot 1, Heppers Acre Subdivision; thence North 88°59'00" West a distance of 357.65 feet along the south line of Lot 1 of said Heppers Acre Subdivision to the POINT OF' BEGINNING: Said parcel contains 2.47 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION S:,The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement aby and between the City of Meridian. and the owner of the land described in Section 1 dated the l ~% 'day of ~~~--~-- , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. WENDELL AND KATHLEEN LAWRENCE 2 ANNEXATION AND ZONING ORDINANCE • SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval. and publication, according to law. ;, SECTION 8: The Cleric of the City of Meridian shall, within ten (10)-days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of :Idaho, to=wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of-this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. w PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~Gyn-2_ , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l `S~ day of c-rG~--~- , 1999. f OR ATTE :. CITY CLERK WENDELL AND KATHLEEN LAWRENCE ANNEXATION AND ZONING ORDINANCES ~,`~t ,~ b = ~~~ ~A ~ ~ ',~ ., p r ts~ ~, ,9 ~"'Y ,~4' ~ ~,/,f ~~~~f lfJf l i 111111~~~~,`,````` 3 • STATE OF IDAHO,) , County of Ada. ) ss. On this_~day of 1999, before me, the undersi ed, a Notary Public in and for said ate, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerlc of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ 4 ~~. ~~L L. sI •.,. .~° 1 i '°~~~r 7C s ' ~. l'UB 1.ZG ~~~ tA~~i~ ~~~~ NOT Y PUBLIC FOR IDAHO RESIDING AT: 'a,~.-~- MY COMMISSION EXPIRES: J /S msg\Z:\Work\M\Meridian 15360M\Lawrence Day Care\AZ. ORD.WPD WENDELL AND KATHLEEN LAWRENCE 4 ANNEXATION AND ZONING ORDINANCE • CERTIFICATION OF THE CITY CLERK~OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the S"tate of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. g27 passed by the City Council of the City of Meridian, on the J ~~ day of ~ui~.~ , 1999, is a true and correct copy of the original of said document which is in the care, custody and con ~~~!©~~~~,~j~~~ Clerk~of the City of Meridian. ,. ~, ~.~ ~_ ~ ;; WILLIAM G. BERG, JR. 4 .,~ .gr T 18,E ~, ~~``. r'~~I ~ ~ ~~~\ STATE OF ID ,A' rfri~~~t t+s ;••~`*~`! ss. County of Ada, ) On t is i ~ da of in the ear 1999 before me ~ y ~ y , a.Notary Public, appeared WILL G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he .executed the same on behalf of the City of Meridian. o'~~ DEL L. SI ~~'•. ~ .• ~ .......o~ ~ •o ~~L~~TARy "g = Not Public for Idaho ~r ; ~•° S ~ ~ Commission Expires:__~(~/51~~}Z e pUBL1G 1~t-lc\M\Merjdfo S~OM\Lawrence Day Care\CertificationOFC]erlcOrd ~~ .~ •hooooo ~~~ ~~~ae~ ~ O F Z~ ~~~~~ ~h~.r~a~M`~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN ~ - ___ I iJ' S8~ `ao ~' ,358.6" ----__ I IO, ~ i r~. // , /; g ,11P. . R. - - I i .r/.,.. ~.,~ ~, ~ ~'~ ,, M I I ~8/ / %'~ Z~ 3 I, I~r' ~~ ~% :$ ~ o a; 1~~ ~ ~ i~ "8 j 'L ; I X88°5q ~p0"vJ'' 3Sl.lay".~., J~ I I I I II ~ ' I ~' I I II ~; ~ ~-f-~PP~~~----~ ~' ~ ~ I i. I I I I I ~~ ~~ i ~; I i II ' , AEI~~~---~ dll I ~I I i ~; ~ ~ ~I ~ -I I II ' 31 I II ' .~ ' I ~I , .II I QI I OI I a I zl ~ ~~ I I II ~ t II I. 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I ' I 1 I II 1 I~~ ~~ i _ REST, d D t MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 APPLICANT: KATHLEEN AND WENDELL LAWRENCE AGENDA ITEM NUMBER: 5 REQUEST: ANNEXATION AND .ZONING ORDINANCE FOR KATHLEEN AND WENDELL LAWRENCE AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE 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: z ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~~.~ ~~Z~ ~~~ ~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~., i~1 RESOLUTION NO 2 33 ,- . , . a ~ ~, BY: C?f2~t~ ~~~L~1~~ ~~ A RESOLUTION OF TH~Ee CITY COUNCIL OF,THE CITY OF MERIDIAN, SETTING FORTH CERTAhN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF ~OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE ~~~ DAY OF ~r~n.~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND WENDELL LAWRENCE AND ICA.THLEEN LAWRENCE. 4 BE IT RESOLVED BY THE MAYOR ANDS COUNCIL OF THE CITY OF MERIDLAN,j IDAHO: x5i WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WENDELL LAWRENCE AND KATHLEEN LAWRENCE, husband and wife, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. , NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WENDELL LAWRENCE and KATHLEEN LAWRENCE, husband and wife, entitled "DEVELOPMENT RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING I CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WOODROW L. CHASE AND ANITA J. CHASE (WENDELL AND KATHLEEN LAWRENCE) > ~~ { ~ • AGREEMENT" dated the ~'~day of G~_ , 1999, by and between the City of Meridian and Wendell Lawrence and Kathleen Lawrence, husband and wife, a copy of which is attached hereto `marked as E,~chibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /~~day ~of ~U~-2_ , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l st day of G~r..e_ , 1999. ,l ~ . YOR / `~ .: ATTEST: CITY CLERK SQL 9 1~~ msg\Z:\Work\M\Meridian 15360M\Lawrence Day Care\ResolutiorL 9p'9 P 15'f • +~ ~/~1ili## 11 i i {ilitl>>~~ RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WOODROW L. CHASE AND ANITA J. CHASE (WENDELL AND KATHLEEN LAWRENCE) ~r ~ i CERTIFICATE OF CLERK OF THE. CITY OF MERIDIAN v.,, i:;1... 1. M~ I, the undersigned; do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State _of Idaho, with its principal office at"33 East Idaho,. Meridian, Idaho. 2. That as the City Cleric of this Cit , I am the custodian of its records and minutes and do hereby certify that on the day of ~G~._ , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE /~~ DAY OF ~~•.e , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND, WENDELL LAWRENCE AND KATHLEEN LAWRENCE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WENDELL LAWRENCE AND KATHLEEN LAWRENCE, husband and wife, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WENDELL LAWRENCE and KATHLEEN LAWRENCE, husband and wife, entitled CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN t "DEVELOPMENT'AGREEMENT" dated the I`~day of G~-2_ , 1999, by and between the City of Meridian and Wendell Lawrence and Kathleen Lawrence, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and COnditiOriS. `'~,,~t<<~t,~n~rirrrtrrl ~,~''~i `~ "~~ '4. 4 _ ~~rr '.i O~'1L 4 ~Q Z ,® ,,'`,~j111111 ri rl t{ 111\~~,~ `,l`, STATE OF IDAHO, County of Ada, . ss. WILLIAM G. BERG, JR. On this ~~ day of ~~ ~~~ , in the ear 1999, before me, ` ~ rn S y a Notary Public, appeared WILLIAM .BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • .~~~ SI~ •., •. ~'SEA'L~ T ~' t~ ~ i 0 r ~ w ~ ° • r w 1 ° w•0 ° 1 i ' 77CC ~ PUBLIC ' 7~ ,~~ee TE OF 1~~'P` ~~osssamma~~~~a l( ~'~ Notary Public for Idaho Commission Expires:_~ ~ ~ S~ ~~0~--- CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN a ~i - "„' '~i~/~L~IVI/ '= ~+~~ CUG'lf7Y RECQROER - ~ -~. LIl~~rIQ t'a~~1Yh1Ri?o DEVELOP T C~REEMENT ~~ Jf~ •~ Pry 1 ~ 2 7 PARTIES: 1. City of Meridian 2. Wendell Lawrence and Kathleen Lawrence R~CDRp.Q-R~GUc57 OE ~~E~G f , 99~~~3~i7 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~ day of ~ ) (~/~-~ , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and WENDELL LAWRENCE and KATHLEEN LAWRENCE, husband and wife, hereinafter called "DEVELOPER", whose address is 370 North Linder Road, Meridian, Idaho 83642. 1 • RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of L-O, Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning ~ Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 1999, has approved certain Findings of Fact and Conclusions of Law and. Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation- and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 • • NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Wendell Lawrence and Kathleen Lawrence, husband and wife, whose address is 370 North Linder Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance L-O Limited Office District codified at Section 11-2-408 B. 7. Meridian City Code which are herein specified as follows: (L-O) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a DEVELOPMENT AGREEMENT - 3 nature to create noise, vibration, or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning ~ Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance ~~ith the following special conditions: 6.1.1 This application is for annexation and zoning of 1 acre located on Linder Road, South of Pine Street, North of Hwy 30 and Franklin Road, Meridian , Idaho. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 6.1.2 That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. The (L-O) Limited Office Ordinance shall not be finally approved by the City Council until the provisions of the Decision and Order have been inet; and DEVELOPMENT AGREEMENT - ~ 6.1.3. The legal description for annexation included in the application appears to describe the subject site and '/~ of the adjacent rights-of-way of the Union Pacific Railroad and North Linder Road. 6.1.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be designated on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 6.1.5 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. 6.1.6 The Meridian Comprehensive Plan shows a designation of existing urban for this property. This request appears to be consistent with the goals and policies of the Meridian Comprehensive Plan. 6.1.7 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 6.1.8 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6.1.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1- DEVELOPMENT AGREEMENT - 5 91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.1.100utside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 6.1..11 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6.1.12Applicants shall determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of a site drainage plan. 6.1.13Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9- 606.B. 6.1.14A11 construction shall conform to the requirements of the Americans with Disabilities Act. 6.1.15The conditional use permit shall be subject to review upon ten days notice to the Applicant. 6.1.16Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject site. 6.1.17 Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 6.1.18Assessment fees for water and sewer service are determined during the building plan review process. DEVELOPMENT AGREEMENT - 6 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 6.1.19A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicant shall submit detailed landscape plans for review and approval during the building plan review process. 6.1.20Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Works Department is in the process of determining detailed standards for lighting. 6.1.21 A minimum 20-foot-wide landscape setback beyond required right-of-way on Linder Road shall be made a condition of annexation. The setbacks shown exceed this requirement. 6.1.22 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. 6.1.23 No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 6.1.24No signage details were submitted. Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 6.1.25 Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. DEVELOPMENT AGREEMENT - 7 6.1.26Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. 6.1.27Any transfer of the conditional-use permit will require a public hearing in accordance with City Ordinance. 6.1.28 Submit evidence of licensing from the Idaho Department of Health ~ Welfare prior to operation of the facility. 6.1.29Applicant shall obtain a Certificate of Occupancy prior to any use of the building. 6.1.30The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards ~in accordance with Ordinance Section 11-2-418. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT - 8 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to `adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or DEVELOPMENT AGREEMENT - 9 successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the. party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be DEVELOPMENT AGREEMENT - 10 • i subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Wendell and I<.athleen Lawrence 370 North Linder Road Meridian, Idaho 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall. be binding upon and inure to the benefit of the parties' respective heirs, successors, DEVELOPMENT AGREEMENT - 11 assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any ~vay prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this`Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change: or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerlc. DEVELOPMENT AGREEMENT - 12 ~',.,~~ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement "and Made it effective as hereinabove provided. BYi i'~ ' ,Wendell Lawrence f Developer BY: <athleen La nce Developer, ,. CITY OF MERIDIAN .~~~ ~ ~ _ /~ BY. ,~ /~..~~ / YOR ROBERT D. CORRIE Attest:. #IIC/7Z/iL~iyj CITY.. CLERK ~ BY RESOLUTION aNO. Z ~ 3 ~j~ttti171tt77yyy~yf' •1 ,tr fd, •f ~~ ~ ~y ~J~ /~, ~ '~~ .'~ ~L %,y,O rt~,~ ,~~*: li ~yryyyas rilltt~ ,. ,F .. ,ey/Z:\Worlc\M\N(eridian 15360M\Lawrence Day Care\DevelopAgrLawrence ns~,. s DEVELOPMENT AGREEMENT - 13 STATE OF IDAHO COUNTY OF ADA) :ss IS~ On this 1 day of ~11-~ , in the year 199 ,before me, J -7-~ s a Notary Public, personally appeared Wendell and Kathleen awrence, husband and wife, known or identified to me to be the persons ~vho executed the instrument and acknowledged to me having executed the same. ,,~~~n•..a~UeO ~ .. '~ ws~'•ee`'~~E a j' eSj ee• •`~ cn ,e p U B L1Ci ji ••~~lq ••'heeeee,••~-O oee?~ ~F 1~Q'~~ ~.,... ., '•. ln~c~ Nota Public for Idaho Commission expires: j ~/S * = ~ l ao~ .. '.j _...:.~: STATE OF IDAHO :ss County of Ada On this. ~ ~ day of , in the year ~, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. '~~~taaaveargeeei eeee°~~~L L, 3' j e~~~i •• v,,.o.eeee ~, e 4' . s '~ i ~e.~ o = * ~ y, ~~ee A lJ B LZCieeeo '`` O e~i '9~. eeeeeoeeee ~-, eeeee E O F 1~ ~'••~•• ee~~~an~u~~~~ ~ i Nota Public for Idaho Commission expires: 1 ~lsl~-~~ DEVELOPMENT AGREEMENT - 14 Legal Description Of Pro~ert~ EXHIBIT A DEVELOPMENT AGREEMENT - 15 • • EXHIBIT "A" A parcel of land located in the Southwest Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Section 12; thence North 00°04'00" West a distance of 1282.33 feet along the Westerly line of said Section 12 to the TRUE POINT OF BEGINNING, said point being the Southwest corner of Lot 1, Heppers Acre Subdivision; thence North 00°04'00" West a distance of 300.02 feet continuing along the Westerly line of said Section 12 to a point on the center line of Union Pacific Railroad Right-of- Way; thence South 88°59'00" East a distance of 358.61 feet along said Union Pacific Railroad Right of Way center line to a point; thence South 00°07'00" West a distance of 300.00 feet to the Southeast corner of Lot 1, Heppers Acre Subdivision; thence North 88°59'00" West a distance of 357.65 feet along the south line of Lot 1 of said Heppers Acre Subdivision to the POINT OF BEGINNING. Said parcel contains 2.47 acres more or less. EXHIBIT B • Findings of Fact and Conclusions of Law/Conditions of A~~roval DEVELOPMENT AGREEMENT - 16 C~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF WENDELL & ) KATHLEEN LAWRENCE FOR ) ANNEXATION AND ZONING ) OF 2.47 ACRES FOR A CHILD ) CARE FACILITY, MERIDIAN, ) IDAHO ) Case No. AZ-98-102 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on April 20, 1999, at the hour of 7:30 o'clock p.m., Brad Hawlcins- Clark having appeared on behalf of the Planning and Zoning Department, and the Applicant, Kathleen Lawrence, having appeared and testified, and no one having testified in opposition, the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive ~veelcs prior to said public hearing FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & IGSTHLEEN LAWRENCE FOR A CHILD CARE FACILITY ~ r scheduled for April 20, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 20, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The .City Council takes judicial notice of its zoning, subdivision 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 No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property is approximately 1 acre in size, but the legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY ~ r describes more than 1 acre because it includes the UPRR right-of-~vay and Linder Road right-of-way. The property is located on Linder Road, South of Pine Street, North of H~vy 30 and Franklin Road. 5. The owners of record of the subject property are Woodrow and Anita Chase, of 370 N. Linder, Meridian, Idaho. 6. Applicants are Wendell and Kathleen Lawrence, of 889 N. Fillmore Way, Meridian, Idaho. 7. The property is presently zoned by Ada County as Residential (R-1), and consists of a vacant lot. 8. The Applicants request that the property be zoned as Limited Office District (L-O). 9. The proposed site of the subject property is on the east side of Linder Road, approximately 1,100 feet of Franklin Road. 10. The city limits of the City of Meridian are adjacent and abut to the north of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • • 13. The Applicant proposes to develop the subject property in the following manner: Construct and develop a 4,800 sq.ft., 50 children child care facility. 14. The Applicants requested zoning of the subject real property as Limited Office (L-O) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdictions public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 16.1 The legal description for annexation included in the application appears to describe the subject site and 1/z of the adjacent rights-of--way of the Union Pacific Railroad and North Linder Road. 16.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be designated on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. I~A.THLEEN LAWRENCE FOR A CHILD CARE FACILITY ~ ~ to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 16.3 Any existing domestic wells and/or septic systems within this project . shall be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. 16.4 The Meridian Comprehensive Plan shows a designation of existing urban for this property. This request appears to be consistent with the goals and policies of the Meridian Comprehensive Plan. 16.5 A development agreement is required as a condition of annexation. 16.6 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.7 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. , 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 16.10 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 16.11 Applicants shall determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. IGSTHLEEN LAWRENCE FOR A CHILD CARE FACILITY 16.12 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 16.13 All construction shall conform to the requirements of the Americans . with Disabilities Act. 16.14 The conditional use permit shall be subject to review upon ten days notice to the Applicant. 16.15 Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject .site. 16.16 Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. 16.17 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 16.18 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicant shall submit detailed landscape plans for review and approval during the building plan review process., 16.19 Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Worlcs Department is in the process of determining detailed standards for lighting. 16.20 A minimum 20-foot-wide landscape setback beyond required right-of- way on Linder Road shall be made a condition of annexation. The setbacks shown exceed this requirement. 16.21 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 16.22 No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of.the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 16.23 No signage details were submitted. Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 16.24 Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. 16.25 Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. 16.26 Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 16.27 Submit evidence of licensing from the Idaho Department of Health ~ Welfare prior to operation of the facility. 16.28 Applicant shall obtain a Certificate of Occupancy prior to any use of the building. 16.29 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in the findings of fact no. 16, and all subparts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL ~ I<A.THLEEN LAWRENCE FOR A CHILD CARE FACILITY will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations must be taken into account in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, ~or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 20. The development of the property as a day care facility in the (L-O) Limited Office District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (L-O) Limited Office District and is in accordance with the adoptive Comprehensive Plan of the City of Meridian. 21~. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive Plan of the City as FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • follows: 21.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the Zoning Ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to all applications such as the subject application. 21.2 This proposed new growth development will finance public service expansion by the requirement herein that the Applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 21.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 21.4 The application is consistent with Meridian's self-identity.. 21.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 21.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to the subject application. 21.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT A.I~1D CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL Sz I<A.THLEEN LAWRENCE FOR A CHILD CARE FACILITY • 21.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian" adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL ~ KATHLEEN LAWRENCE. FOR A CHILD CARE FACILITY • 4.1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of ne~v housing units within the Urban Service Planning Area. 4.1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.1.4 To provide housing opportunities for all economic groups within the community. 4.1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.1.7 To provide community services to fit existing and projected needs. 4.1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.1.9 To encourage a balance of land use patterns to insure that revenues pay for services. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 4..1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of ne~v commercial or industrial developments should be harmonized with the natural environment and respectthe unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into ne~v or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Man The proposed future land use. delineations for the impact area are shown on the Comprehensive Plan Map -Generalized Land Uses,... The land use element is based upon these objectives: 4. Planned mixed uses along 1-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY LAND USE GOAL STATEMENT Page 22 GENERAL POLICES: 1.4U Encourage new development which reinforces the City's present development pattern of higher-density development within the Old-Town area and lower-density development in outlying areas. 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 1.7U Continue to promote a land development process that is clear and concise. 1.8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. RESIDENTIAL POLICIES: Page 23 2.5U Encourage compatible infill development which will improve existing neighborhoods. COMMERCIAL ACTIVITY CENTERS Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume. and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage 5. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create .visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1 .4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community: 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL ~ KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY S. The requested zoning of Limited Office, (L-O) is defined in the Zoning Ordinance at 11-2-408 B. 7. as follows: (L-O) Limited Office District: The purpose of the (L-O) Limited Office District is to permit the establishment of groupings of professional research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential- uses and high density residential uses, and is thus a transitiorial use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that child care centers are listed as permitted for child care as conditional uses in the Limited Office (L-O) District. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be a subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any day care facility on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL ~ I<A,THLEEN LAWRENCE FOR A CHILD CARE FACILITY City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 10. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11- 9-616 which pertains to development time schedules and requirements; Section 11-9- 605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 11. The .development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 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. This application is for annexation and zoning of 1 acre located on Linder Road, South of Pine Street, North of Hwy 30 and Franklin Road, Meridian ,Idaho. The legal description shall be prepared by a Registered Land Surveyor, Licensed by FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL ~ KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. The (L-O) Limited Office Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 The legal description for annexation included in the application appears to describe the subject site and i/z of the adjacent rights-of-~vay of the Union Pacific Railroad and North Linder Road. 3.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be designated on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. 3.4 The Meridian Comprehensive Plan shows a designation of existing urban for this property. This request appears to be consistent with the goals and policies of the Meridian .Comprehensive Plan. 3.5 A development agreement is required as a condition of annexation. 3.6 Off-street parking shall be provided in accordance with Section 1 I-2-414 of the City of Meridian Zoning and Development Ordinance and/or as FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. IGA_THLEEN LAWRENCE FOR A CHILD CARE FACILITY detailed in site-specific requirements. 3.7 Paving and striping shall be in accordance ~ti~ith the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 3.10 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development- Ordinance. No temporary signage or flashing signs will be permitted. 3.11 Applicants shall determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of a site drainage plan. 3.12 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.13 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.14 The conditional use permit shall be subject to review upon ten days notice to the Applicant. 3.15 Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject site. 3.16 Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the Public Worlcs Department with information on anticipated fire flow and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL ~ KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY domestic water requirements for the proposed site. 3.17 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 3.18 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicant shall submit detailed landscape plans for review and approval during the building plan review process. 3.19 Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Worlcs Department is in the process of determining detailed standards for lighting. 3.20 A minimum 20-foot-wide landscape setback beyond required right-of- way on Linder Road shall be made a condition of annexation. The setbacks shown exceed this requirement. 3.21 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. 3.22 No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 3.23 No signage details were submitted. Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. a 3.24 Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 3.25 Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. 3.26 Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 3.27 Submit evidence of licensing from the Idaho Department of Health &. Welfare prior to operation of the facility. 3.28 Applicant shall obtain a Certificate of Occupancy prior to any use of the building. 3.29 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGJWENDELL &. IG4THLEEN LAWRENCE FOR A CHILD CARE FACILITY ~~ ''+l 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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. w ~~ By action of the City Council at its regular meeting~held April 20, I999. ROLL CALL COUNCILMAN RON ANDERSON 4. VOTED i j~ COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ ~`~• ~ l~~I y VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIWENDELL &. KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY ~... E^ a ~ ~~ ~~ } ~ ~ ~q ~~ R~~~iv~ D interoffice ~ MAY 261999 M E M O R A' N D U M city 4f Mo 1 Y erk Office To: Angel Sims From: Steve Rutherford ` $ Subject: RESOLUTION, CERTIFICATE OF CLERK and CERTIFICATION OF THE CITY CLERK /File no. AZ-98-105 Date: May 26, 1999 s Angel:. _ s Please find attached to my memo the original new Development Agreement for Wendell and Kathleen Lawrence to execute.. ~I have also attached the Resolution and the Certificate of the Clerlc for their Development Agreement. z Also attached is the original of the Certification of the City Clerlc pertaining to the Annexation and Zoning Ordihance. You should already have in ~. your file the original of the AZ ordinance. Please let me know if you do not have the ordinance. ° ° Thank you. ms~Z:\Worlc\M\Meridian 15360M\Lawrence Day Care\AngelMemoMay25 ' k 6 ~ M1 d G P- ~~~~t~ t ~. - : ;; ~,. , _~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: ~ Dated: ~' ~' City Clerk ` ~ ~y~'/~,i` ~``,~_`~ r `,l~~i ms~Z:\Work\M\Meridian 15360M\Lawrence Day Care\AZCommDecOrd.Fcs.f`ih ~T~Q ix C _- '' ~ ~~ ``~ R,~~ ~ '.,~Q ~T iS"~ ~ ~~\~ .,~ q fit` \~~. MAY - 4 1995 ',,,Ac~~`~ , ~`~,, ,~rrrr-ttil r11tN~~\ CITY OF 1~IERIDIAIV FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL Sz KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY /~ <. hf Y BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF WENDELL & ) KATHLEEN LAWRENCE FOR ) ANNEXATION AND ZONING ) OF 2.47 ACRES FOR A CHILD ) CARE FACILITY, MERIDIAN, ) IDAHO ) Case No. AZ-98-102 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on April 20, 1999, at the hour of 7:30 o'clock p.m., Brad Hawlcins- Clark having appeared on behalf of the Planning and Zoning Department, and the Applicant, Kathleen Lawrence, having appeared and testified, and no one having testified in opposition, the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY ,. scheduled for April 20, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the-April 20, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivision 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 No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property is approximately 1 acre in size, but the legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL S-c KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY %` • • describes more than 1 acre because it includes the UPRR right-of-way and Linder Road right-of-way. The property is located on Linder Road, South of Pine Street, North of Hwy 30 and Franklin Road. 5. The owners of record of the subject property are Woodrow and Anita Chase, of 370 N. Linder, Meridian, Idaho. 6. Applicants are Wendell and Kathleen Lawrence, of 889 N. Fillmore Way, Meridian, Idaho. 7. The property is presently zoned by Ada County as Residential (R-1), and consists of a vacant lot. 8. The Applicants request that the property be zoned as Limited Office District (L-O). .. 9. The proposed site of the subject property is on the east side of Linder Road, approximately 1,100 feet of Franklin Road. 10. The city limits of the City of Meridian are adjacent and abut to the north of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 13. The Applicant proposes to develop the subject property in the following manner: Construct and develop a 4,800 sq.ft., 50 children child care facility. 14. The Applicants requested zoning of the subject real property as Limited Office (L-O) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 16.1 The legal description for annexation included in the application appears to describe the subject site and '/z of the adjacent rights-of-way of the Union Pacific Railroad and North Linder Road. 16.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be designated on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR.ANNEXATION AND ZONING/WENDELL Sz KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. 16.4 The Meridian Comprehensive Plan shows a designation of existing urban for this property. This request appears to be consistent with the goals and policies of the Meridian Comprehensive Plan. 16.5 A development agreement is required as a condition of annexation. 16.6 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.7 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 16.10 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 16.11 Applicants shall determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & I<.ATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 16.12 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 16.13 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.14 The conditional use permit shall be subject to review upon ten days notice to the Applicant. 16.15 Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject site. 16.16 Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 16.17 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement. with the City of Meridian. 16.18 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicant shall submit detailed landscape plans for review and approval during the building plan review process. 16.19 Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 16.20 A minimum 20-foot-wide landscape setback beyond required right-of- way on Linder Road shall be made a condition of annexation. The setbacks shown exceed this requirement. 16.21 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 16.22 No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of .the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 16.23 No signage details were submitted. Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 16.24 Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. 16.25 Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. 16.26 Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 16.2 7 Submit evidence of licensing from the • Idaho Department of Health SL Welfare prior to operation of the facility. 16.28 Applicant shall obtain a Certificate of Occupancy prior to any use of the building. 16.29 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in the findings of fact no: 16, and all subparts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY s will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations must be taken into account in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 20. The development of the property as a day care facility in the (L-O) Limited Office District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (L-O) Limited Office District and is in accordance with the adoptive Comprehensive Plan of the City of Meridian. 21. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive Plan of the City as FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY follows: 21.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the Zoning Ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. .Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to all applications such as the subject application. 21.2 This proposed new growth development will finance public service expansion by the requirement herein that the Applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 21.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 21.4 The application is consistent with Meridian's self-identity. 21.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 21.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the Zoning ordinances of the City to the subject application. 21.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and 'projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • 21.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the -City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian" adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following 'are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 The Goals of the Comprehensive Plan are set forth at Page 5 and .include: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 4.1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise. and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.1.4 To provide housing opportunities for all economic groups within the community. 4.1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.1.7 To provide community services to fit existing and projected needs. 4.1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.1.9 To encourage a balance of land use patterns to insure that revenues pay for services. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY 4.1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas. should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY ~~ where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respectthe unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities ,which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under.LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. - Area of Impact, Page 22 Comprehensive Plan Map The proposed future land use delineations for the impact area are shown on the Comprehensive Plan Map -Generalized Land Uses,... The land use element is based upon these objectives: 4. Planned mixed uses along 1-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL S~ KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage Y 5. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1 .4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY i • 5. The requested zoning of Limited Office, (L-O) is defined in the Zoning Ordinance at 11-2-408 B. 7. as follows: (L-O) Limited Office District: The purpose of the (L-O) Limited Office District is to permit the establishment of groupings of professional research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City. of Meridian is a requirement in this district. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that child care centers are listed as permitted for child care as conditional uses in the Limited Office (L-O) District. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any day care facility on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 10. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11- 9-616 which pertains to development time schedules and requirements; Section 11-9- 605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section' 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 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. This application is for annexation and zoning of 1 acre located on Linder Road, South of Pine Street, North of Hwy 30 and Franklin Road, Meridian ,Idaho. The legal description shall be prepared by a Registered Land Surveyor, Licensed by FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE. FACILITY the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. The (L-O) Limited Office Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3.. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 The legal description for annexation included in the application appears to describe the subject site and 1/z of the adjacent rights-of--way of the Union Pacific Railroad and North Linder Road. 3.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be designated on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. 3.4 The Meridian Comprehensive Plan shows a designation of existing urban for this property. This request appears to be consistent with the goals and policies of the Meridian Comprehensive Plan. 3.5 A development agreement is required as a condition of annexation. 3.6 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as FINDINGS OF FACT AND CONCLUSIONS OF LAW -~ Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY detailed in site-specific requirements. 3.7 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City ,Ordinance Section 11-2-14.D.3. 3.10 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 3.11 Applicants shall determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of a site drainage plan. 3.12 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.13 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.14 The conditional use permit shall be subject to review upon ten days notice to the Applicant. 3.15 Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject site. 3.16 Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Applicants shall provide the Public Works Department with information on anticipated fire flow and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 =AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY domestic water requirements for the proposed site. 3.17 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 3.18 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Applicant shall provide square footage of pavement so quantity of three-inch-caliper trees required can be determined. Applicant shall submit detailed landscape plans for review and approval during the building plan review process. 3.19 Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties. or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 3.20 A minimum 20-foot-wide landscape setback beyond required right-of- way on Linder Road shall be made a condition of annexation. The setbacks shown exceed this requirement. 3.21 Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. 3.22 No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may.. be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 3.23 No signage details were submitted. Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 3.24 Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL SL I<.ATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • 3.25 Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. 3.26 Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 3.27 Submit evidence of licensing from the Idaho Department of Health & Welfare prior to operation of the facility. 3.28 Applicant shall obtain a Certificate of Occupancy-prior to any use of the building. 3.29 The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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. By action of the City Council at its regular meeting held April 20, 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ ~~19 VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL &. KATHLEEN LAWRENCE . FOR A CHILD CARE FACILITY MOTION: APPROVED: U DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By. ~ ~ Dated City Clerk S~ ¢~ msgfZ:\Work\M\Meridian 15360M\Lawrence Day Care\AZCommDecOrd.Fcs.fw,-ti ~ ~ ~ ~1x ~~~~jT~~ S~il1u C ~ ,`~ :; ~E E 3~T~ ~ '"'-,,'gyp "ter ~s'~ • ~,,``` MAY - 4 1999 ''~ ~`` CITY OF NIERIDIA:v FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL SL KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY LAND USE GOAL STATEMENT Page 22 GENERAL POLICES: 1.4U Encourage new development which reinforces the City's present development pattern of higher-density development within the Old-Town area and lower-density development in outlying areas. 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 1.7U Continue to promote a land development process that is clear and concise. 1.8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. RESIDENTIAL POLICIES: Page 23 2.5U Encourage compatible infill development which will improve existing neighborhoods. COMMERCIAL ACTIVITY CENTERS Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE FOR A CHILD CARE FACILITY • .~ , ~ , MERICltAN CITY COUNCIL MEETING: MAY 4, 1999 APPLICANT: KATHLEEN & WENDELL LAWRENCE AGENDA ITEM NUMBER: 10 REQUEST: ANNEXATION 8~ ZONING OF ONE ACRE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/20/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT; MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY WIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ~~~ ~~ w I~~c rD ~,k G~~p IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: All Materials presented at public meefing! \ ~ ~5 U I ~~M o Ck. 9 r ~r '~idian. Vv Meridian City Council Meeting April 20, 1999 Page 24 Bentley: Mr. Mayor I move we approve the preliminary plat for Hartford Homes Subdivision by Glenn Johnson Homes. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve the request for preliminary plat of item number 23. Bentley:` Mr. Mayor that's subject to staff conditions. Corrie: Subject to staff conditions. Any further discussion? Rountree: Mr. Mayor, can we act on the preliminary plat when it includes a'' piece of property that is not annexed? Corrie: That's a good question. Rountree: On a preliminary, okay. Corrie: The answer was yes. Any further discussion? Rountree: I have none. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I'll. second that. Corrie: Motion made and second we take a ten minute break. All in favor say aye. MOTION CARRIED: ALL AYES. (TEN MINUTE BREAK) 24. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: Corrie: At this time I will open the public hearing on item number 24 and staff comments first. Hawkins-Clark: Mr. Mayor the recommendation on this project again is a piece on the east side of Linder just south immediately south of the railroad tracks there. Associated with the second.. item a proposed use for a daycare and the Planning and Zoning recommendation to you, the Council, is attached about a quarter of the way through on the packet. Staff have reviewed the recommendation of the Planning and Zoning Commission and have no changes. Those would be on page 1 of the recommendation just after the staff comments. I don't believe the Commission made any substantial changes to this annexation application besides staff comments. ~ ~ Meridian City Council Meeting April 20, 1999 Page 25 Corrie: Thank you Brad. Is the representative of the request for annexation and zoning here tonight? KATHLEEN LAWRENCE, MERIDIAN, IDAHO Lawrence: I am here. We did submit a slight change to Planning and Zoning on just the site plan just to reflect it. I'm not sure if it was exactly accurate but just to reflect Ada County Highway District's recommendation of one entrance instead of I think the one you guys have in your packet shows two and Planning and Zoning did a copy of one that showed one, but I'm not sure if it was to specifications because it does have to meet the street - it has to line up with the street across Linder. Corrie: Okay, anything else? Lawrence: I don't think so. Corrie: Thank you. Bentley: Mr. Mayor I have a question for her. You've read and concur with all the staff comments? Lawrence: Yes, I have. Bentley: Thank you. Corrie: Is there anyone else from the public who would number 24 request for annexation and zoning? Hearing close the public hearing. Anderson: So moved. Rountree: Second. like to issue testimony on item none, I'll entertain a motion to Corrie: Motion made and second to close the pubic hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Council? Rountree: Mr. Mayor i move that we have City Attorney prepare Findings of Fact and Conclusions of Law and Decision and Order for the requested annexation and zoning of one acre. Bentley: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bentley to have the attorney draw up the Findings of Fact and Conclusions of Law on the annexation and zoning of Kathleen and Wendell. Lawrence. Any further comments? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ]USTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. R GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFOAD TERRENCE R. WHITE .~ i WHITE, PETERSON, PRUSS, MORROW ~t GIGRAY, P.A. ATTORNEYS AT LAW --~ 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 4 ~ ~ TEL (208) 288-2499 ~ NAMPA, IDAHO 83653.0247 ~ ,FAX (208) 288.2501 f ~ TEL (208) 466.9z7z { ~ ~ FAX (zOS) 466.4405 Email via Internet @ wfg@wppmg.com ` PLEASE REPLY TO MERIDIAN OFFICE Apri130, 1999 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: WENDELL AND KATHLEEN LAWRENCE / ANNEXATION AND ZONING ORDINANCE Dear Will: ~~ovEp APR 3 01999 City of ll~eridiaa City Clerk Office Please find enclosed the above ordinance for the annexation and zoning for Wendell and Kathleen Lawrence. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the Lawrences. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. ~~ If you have any questions arise, please advise. Very truly yours, ~ r ~~~~ G~ ~~ ~ Wm. F. Gigray, III msg\Z:\Work\M\Meridian 15360M\Lawrence Day Care\Clerk on Ord Ltr.wpd c~ r ,. y ~ ,~~~ MERIDIAN CITY COUNCIL MEETING: APRIL 20 1999 APPLICANT: KATHLEEN 8~ WENDELL LAWRENCE AGENDA ITEM NUMBER: 24 REQUEST: ANNEXATION 8~ ZONING OF 1 ACRE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: SEE ATTACHED STAFF COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED STAFF COMMENTS CITY ATTORNEY: SEE ATTACHED- RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: c~ NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMEN S SETTLERS IRRIGATION: ` (~ IDAHO POWER: ~~ US WEST: INTERMOUNTAIN GAS: ~~ BUREAU OF RECLAMATION: OTHER: All. Materials presennted at public m'eeting's shall become property of the City of Meridian. r x MERIDIAN PLANN(~ AND ZONING COMMISSION MARCH 9, 1999 PAGE 4 MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 2: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN &WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: ITEM NO. 3: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN &WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: MacCoy: Staff Stiles: Chairman MacCoy, commissioners, this was continued last time because it came up that the applicant was also the owner of the adjacent property and we asked them to explore also annexing that piece at the same time. When we learned some of what they want to do with that property such as wanting to run another day care facility out of that as a home, staff reconsidered and thought it would probably be better to do-consider all of those residential properties on the east side at one time and do a little more research into what might be an appropriate zoning, considering its industrial use across the street. So we could continue, I don't know if the applicant is here. I don't believe there was any additional testimony that they were asked for as far as providing additional information. They are going to need to revise their site plan to comply with Ada County Highway District's conditions, but we had no major outstanding issues on the application as presented. MacCoy: Thank you, Bruce do you have anything? Freckleton: Chairman MacCoy, nothing to add. MacCoy: Okay thank you. Is the applicant here by the way? It doesn't look like it. Commissioners what is your desire? Borup: Just a clarification, from what Shari said, the application last time was just for the one lot, is that correct? We continued it to look-so at this point it is premature to look at annexing the other lots, so you feel we could proceed ahead with the original application? Stiles: Yes, that would be my recommendation. MERIDIAN PLANN~ AND ZONING COMMISSION '~ MARCH 9, 1999 PAGE 5 Borup: That was-I think that was true, there wasn't any real issues on the original application, it was just looking at combining their other lot where they are going to be living in with this annexation, wasn't it? MacCoy: That's what you said wasn't it Shari? Borup: So at this point it sounds like the only issue was a revised site plan showing a single entry, I believe? De Weerd: Yes. Borup: She didn't mention that, but that's what we had from before, they just needed a single driveway entrance into the property. MacCoy: Is the applicant here? We are on item no. 2 right now on the public hearing for Kathleen and Wendell Lawrence. Then we will open the pubic hearing, which is a continuation of the public hearing, actually. KATHLEEN LAWRENCE. K. Lawrence: Last time when we left off, we had-Shari had suggested that we annex the other lot, not the one that we are wanting to build the daycare on. Since then, we have had a neighborhood meeting and the neighbors have expressed their displeasurement with having that lot with the home on it .annexed. So we went ahead and submitted the application as is. That's as far as I know anything new from last time. Thank you. MacCoy: Any questions of her before she leaves? De Weerd: Just that the only change that was discussed was having only one entrance in, the entrance and exit would just be one, instead of two. K. Lawrence: Right. MacCoy: Anything else from the commissioners? Okay, thank you. Is there anyone here who would like to speak in favor of this applicant? If not, is anyone on the other side of the fence who would like to speak against the applicant? Okay, we have one. PAM KANTOLA, 988 W PINE AVENUE. Kantola: Unfortunately that is my second home in the next couple of years we will be moving out of Alaska on a permanent basis and become a resident of Idaho. I do have some questions, I know that when we purchased the property back in 1996, one of the reasons why we purchased it was because it was an old MERIDIAN PLANf~; AND,ZONING COMMISSION '~ MARCH 9, 1999 PAGE 6 neighborhood, we figured we wouldn't have to put up with any building noises and such, everything was pretty well set in the neighborhood right there. I don't understand-she said they had a meeting for the homeowners in the area, I never received anything on that, so obviously I couldn't respond to that. I don't know to this point what is going on, once in a while I get a letter sent up to me up in Alaska, I don't know-I would like to probably have you run through it real quick, where we are at on this. Like I said, I live on 988 W. Pine, which is two houses from Canna Lily Estates Subdivision. I assume the land that we are talking about is across the street from me and there is a house behind that house if that makes any sense, and then there is an empty lot in their. Where exactly is her property located that-I could never find out, I've been down a couple of times, look at the maps in here and I can't figure it out. Borup: Ma'am her property is clear south of the railroad tracks. Quite away from your place on Linder, not even near Pine. Kantola: Well, maybe I'm on the wrong-maybe I'm on the wrong item, is that possible? Borup: Are you for the subdivision? Kantola: Something about that they were going to build something in there, I don't know, across from my property. All I ever get from you guys is that there is a meeting on such and such day. Berg: Do you have the notice with you? Kantola: I don't ,I've been out for about two months now.. My husband said we had received it. Borup: Tremont Subdivision, does that sound familiar? Kantola: Luna Vista sounds familiar. Borup: That's later on, that's item number 11 & 12. Kantola: Sorry, thank you. MacCoy: Is there anybody else who has anything else to say about this project? SHARI WITT, 300 N CINDER. Witt: I would be two. houses south of the proposed property. I spoke at the last meeting and. you know opposed the annexation of the property and did go to the meeting that they held and so did some other neighbors. The other neighbors '~ MERIDIAN PLANN~ AND ZONING COMMISSION ~~ MARCH 9, 1999 PAGE 7 were opposed to it,. they don't want to be annexed. They are afraid that if they start it, then they are going to want to take all of us and so forth. Anyway, I'm not even sure they are here tonight and that's that, why I'm standing up at this moment, my feelings are sort of the same, but the (Inaudible) just south of us have. given me a letter to bring to you and you know I can read it or just hand it over, whatever you want to do on that. The-it's a couple, and as he explained in the letter, she is in the hospital having back surgery today, so they couldn't come. MacCoy: You could give it to the City Clerk here for the record-is the letter very long? Witt: No, it's quite brief. MacCoy: Why don't you just read it and then turn it in. Witt: It's addressed to the Meridian Planning and Zoning and it's from Debbie Keller and David Burgess at 270 N. Linder. It says the subject is Wendell and Kathleen Lawrence annexation and zoning. "We are unable to attend the meeting on March 9, 1999 because Debbie Keller will be in the hospital having back surgery. We would like to express our concerns about this proposed annexation and zoning of the one acre property on Linder Road. The Hepper Acre Subdivision covenants do not allow for a childcare facility. Linder Road is a very busy road now, if they allow this childcare facility to go into business with 50 children, that is a potential 50 more cars twice a day going down Linder. If the city decides to annex all the properties, this could mean higher taxes annexation fees, city water hookups and other monthly bills. This could also mean having curbs, gutters, sidewalks, all at the homeowner's expense. As a homeowner on Linder Road, I do not want to see the Planning and Zoning Committee approve this. Thanks." They have their signatures as well as the typed in names Debbie Keller and David C. Burgess. MacCoy: Will you give it to the city clerk please? Witt: I surely will. MacCoy: Is there any questions for the person here? Is there anything else you want to say? Witt: I don't really have anything more to say. I just know that they have told me the other neighbors are really concerned about annexation and really don't want to have that happen to our properties, because we are part of the County, not the city, even though it's kind of going up around us. You know, they aren't here, so that's kind of a mute point and so there we are. I'll go ahead and sit down. MERIDIAN PLANN~ AND ZONING COMMISSION MARCH 9, 1999 PAGE 8 MacCoy: Shari, this is an annexation on an one acre piece, that' s what the applicant requests. It does not bother any property in the area. Stiles: It does not propose any annexation, but the one lot that is adjacent to the railroad tracks. Witt: I think everyone just feels like it's the... MacCoy: The beginning. Witt: Yeah, that's their view. Stiles: It's probably likely that your property will be annexed in the not too distant future, because it is an enclave within the city, but this annexation would have no impact on whether that happened or not. Witt: I see, thank you. MacCoy: Is there any other person who would like to make a statement or ask a question or whatever. Okay, Staff do you have anything else that you want to add at this time? All right, Commissioners? Smith: Mr. Chairman, I would like to make a motion that we close this public hearing. Borup: Second. MacCoy: All in favor? De Weerd: Mr. Chairman, did the applicant want to respond at all? I<.` Lawrence: I just had one question does Shari need daycare? Stiles: My brother does. K. Lawrence: There was an amendment which I mentioned before. I think that the subdivision was written up or subdivided in 1966. A couple years after that, they did amend the CC & R's to read to allow businesses, because that was something that we specifically looked into. That's all I had to add, thank you. MacCoy: All right, we've got a motion made and second. Anymore discussion? None, okay, all in favor? MOTION CARRIED: All ayes. MERIDIAN PLANN~ AND ZONING COMMISSION MARCH 9, 1999 PAGE 9 MacCoy: Is there a nay in there? No, all right three voted. Borup: Mr. Chairman, I move that we recommend approval of this request for annexation and zoning. Smith: Second. MacCoy: Any other discussion? All in favor? De Weerd: I thought to include in your motion to incorporate all comments, is that right counselor? Rossman: Yes absolutely, thank you. Borup: I would like to include all comments from staff and public hearing. MacCoy: Second involved here from Commissioner Smith, is there any other discussion? If not, all in favor? MOTION CARRIED: All ayes. ITEM NO. 3: CONDITIONAL USE PERMIT. MacCoy: Staff is there anything you want to say at this moment, based on the... Stiles: Nothing further. MacCoy: Is the applicant-the continued public hearing is now in action here. Is there anything you want to add at this point for this point. K. Lawrence: I do have the revised site plan with the one outlet and I can give that to the clerk if you would like. MacCoy: Yes please. Is there anything else, you don't want anything else to bring. Okay, moving on, does anybody have anything to say in favor of the (Inaudible). If not, is anyone here have anything to say in the negative side of the daycare center, back again. Okay, come on. SHARI WITT. Witt: Hi, thank you again. It isn't anything really to do with the daycare center or anything else, it's just the idea of how we keep hearing how those things were amended and everyone of us up and down the street has the covenants that talk about businesses that say none are allowed on these properties. If I was told by the County Planning and Zoning and by various people, attorney included that MERIDIAN PLAN( AND ZONING COMMISSION '~ MARCH 9, 1999 PAGE 10 they have not changed, that we have not changed those things, I moved in 1969 and got a copy of those covenants and there is no such amendment to my knowledge and I would just like that to be clear. The other thing is that these people are not the owners of the property, they are the prospective buyers and those are really points that keep bothering me. MacCoy: Well the covenants take charge over-we make our rulings based on our city ordinances and then the covenants control your own area, we don't have any... Witt: But the statements being made that businesses are allowed in that neighborhood. MacCoy: One of your are going to have to bring forth the material that says... Witt: I did bring it to the last meeting, all right, if you are going to continue it or something, I can do that again. MacCoy: It's between. the parties now, we have done the thing for the state and the city. Witt: And you have approved it, correct. You have approved the annexation of the lot. MacCoy: Yes, based on the law we have. Now the annexation rights and anything else about a business having to do with that is within the rule of the community that you live in. You have rules and regulations that you have to sort that stuff out. We don't have a control over that type of thing. Witt: I understand. You know we are trying to feel our way along (Inaudible). Rossman: Ma'am this commission decides these applications based upon the Meridian City'Ordinance, if there are covenants that would restrict this type of business, the covenants would provide for an enforcement mechanism. This commission has no ability to enforce covenants, that is a private matter. So you would have to refer to your covenants with regard to any enforcement provisions in there. Witt: I see, thank you. MacCoy: Having gone through everybody, anybody else here who has anything else to say? All right, commissioners would you like to do? De Weerd: I move that we close the public hearing. MERIDIAN PLANN~ AND ZONING COMMISSION '~ MARCH 9, 1999 PAGE 11 Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: I need a motion now. De Weerd: Yes, I would move that we approve the-or recommend approval for the conditional use permit for Kathleen and Wendell Lawrence with all the staff comments and ACHD comments to be included. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM N0.4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SHERBROOKE HOLLOWS SUBDIVISION N0.4 (5 SINGLE FAMILY BUILDING LOTS ON 3.98 ACRES) BY GEM PARK II-NORTH OF VICTORY RD., EAST OF LOCUST GROVE RD.: MacCoy: We have a letter in our file given by the applicant to ask that this be moved to another meeting. Commissioners give me a motion. De Weerd: Mr. Chairman, I move that we continue the public hearing for Sherbrooke Hollows Subdivision #4 to April 13tH Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MULTI-BUILDING COMMERCIAL & OFFICE INCLUDING BANK FACILITY WITH DRIVE-THRU (TREASURE VALLEY BUSINESS CENTER) BY CLARK DEVELOPMENT-SOUTHWEST CORNER OF EAGLE RD. & FAI RVI EW AVE: MacCoy: Again, we have a letter in the file given to us by Mr. Clark the applicant requesting it moved to another date. I need a motion. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RONANDERSON Phone (208) 888-4433 • Fax (208) $8~~13..E~T uv li 11J1 KEITH BIRD j JAN 0 $ 1999 MEMORANDUM• City of Meridian • City Clerk Office To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~~ LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 l PLANNING AND ZONING DEPARTMENT (208)884-5533 January 8, 1999 wRe: Request for Annexation & Zoning to L-O of 2.47 Acres with a Conditional Use Permit for a Child Care Facility for 50 Children by Wendell & Kathleen Lawrence We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall'be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING 1. The legal description for annexation included in the application appears to describe the subject sfte and %2 of the adjacent rights-of--way of the~Union Pacific Railroad and North Linder Road. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4. The Meridian Comprehensive Plan shows a designation of existing urban for this property. This request appears to be consistent with the goals and policies of the Meridian Comprehensive Plan. 5. A development agreement is required as a condition of annexation. AZ-98-102, CUP-98-102 Lawrence.AZ.CUP ~ • P&Z Commission/Mayor & Council January 8, 1999 Page 2 GENERAL COMMENTS 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requiremerns. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance- with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. The conditional use permit shall be subject to review upon ten days notice to the Applicant. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacern to the north of the subject site. 2. Water service to the proposed site could be extended from the existing water main line installed in Linder Road. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. AZ-98-102, CUP-98-102 Lawrence.AZ.CUP • • P&Z Commission/Mayor & Council January 8, 1999 Page 3 4: A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please provide square footage of pavement so quantity ofthree-inch-caliper trees required can be determined. Submit detailed landscape plans for review and approval during the building plan review process. 5. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 6. A minimum 20-foot-wide landscape setback beyond required right-of--way on Linder Road should be made a condition of annexation. The setbacks shown exceed this requirement. 7. Provide and maintain minimum 20-foot-wide planting strips adjacent to all residential properties. 8. No use of the Union Pacific Railroad corridor is proposed, and none is approved with this application. Use of the UPRR corridor without appropriate approvals may be cause for revocation of the conditional use permit. The Meridian Comprehensive Plan calls for preservation of the UPRR corridor for future pathway use. Planting strips adjacent to the railroad corridor are encouraged. 9. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. All signage is subject to design review approval. 10. Coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. 11. Ada County Highway District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. 12. Any transfer of the conditional use permit will require a public hearing in accordance with City Ordinance. 13. Submit evidence of licensing from the Idaho Department of Health & Welfare prior to operation of the facility. 14. Applicant is to obtain a Certificate of Occupancy prior to any use of the building. AZ-98-102, CUP-98-102 Lawrence.AZ.CUP • • P~iZ Commission/Mayor & Council January 8, 1999 Page 4 15. The P&Z Commission and Council may prescribe appropriate conditions; bonds and safeguards in accordance with Ordinance Section 11-2-418. AZ-98-102, COP-98-102 Lawrence.AZ.CUP .; ~ ,. BEFORE THE PLANNING AND~ZONING COMMISSION R IN THE MATTER OF THE ) Case No. AZ-98-102 ' REQUEST FOR ANNEXATION ) - ' • ' AND ZONING OF 1 ACRE BY ) RECOMMENDATION TO CITY "WENDELI ~ KATHLEEN. ) COUNCIL LAWRENCE ON CINDER RD., ) SOUTH OF PINE.ST. NORTH ) OF FRANI~I,IN ) u ~ ) , INTRODUCTION • 1. ~ The property is approximately 1 acre in size. The property is located on 'Linder Road, South of Pine. Street, North of Hwy 30 and Franklin Road. 2. The owners of record of the subject property are Woodrow and Anita • Chase,.. of 3 70 N. Linder,~Meridian, Idaho. • ' 3. Applicants are Wendell and Kathleen Lawrence, of 889 N. Fillmore -~ b Way, Meridian,•Idaho: 4. 'The property is presently zoned by Ada County as State Residential (R- 1°), and consists of a,vacant lot. 5. The Applicants request that the property be zoned as Limited Office ~_ District (L-O). 6. The proposed site of the subject property is on the east side of Linder ~ Road, approximately 1,100 feet of Franlin Road. ~ ' RECOMMENDATION TO~ CITY COUNCIL - 1 • ANNEXATION AND ZONING -LAWRENCE, Wendell ~ Kathleen ' - ~ .~ r. ~ . - , } e ~ 4 • ^. ~ r r. ~ .. k _. ~ ~ 7 -~ 7. ~~ The city limits of the City of Meridian are adjacent and abut to the north of .the subject property. ~. 8.. The property which is the subject of this application is withinythe Area of Impact, of the City of Meridian. t 9. The entire parcel of the property is included within the.Meridian Urban s, Service Planning Area as the Urban Service Planning Area is defined in~the Meridian ''.,Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following ~. 9. manner: `Construct and develop a 4,800 sq.ft., 50 children child care facility .,, 1 1. The Applicants request a zoning of the subject real-property as Limited " '°'O'ffice (L-O). It is consistent with the Meridian Comprehensive Plan Generalized Land UseµlVlap which designates the `subject property as Existing Urban. 12. There are rio.significant or scenic features of majoraimportance that. +: - affect the consideration of this application. ~„ RECOMMENDATION " 1. The Meridian Planning and Zoning Commission hereby recommends to . _~ 'the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the ~. application, subject to the following: r °Adopt 'the Planning and Zoning Administrator and Assistant City Engineer ~` Recommendations as follows: , RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -LAWRENCE, Wendell SL Kathleen ~ a F 3 b .. 4 _ ~ ... t ~, t ~ e. t . A ,~ X1.1 The legal"description for annexation included in the'application appears to describe the subject site and 1/z of the adjacent rights-of--way of the Union Pacific Railroad-and North Linder Road: ,. 1.2. ,Any existing irr'igation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. The ditches to ` - be piped shall be designated on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation.. of said approval. submitted to the` Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.3. Any existing domestic wells and/or septic systems within.this project shall be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. ' 1'.4. The Meridian Comprehensive Plan-shows a designation of existing urban for~this property. This request appears to be consistent with the goals and { policies of the Meridian Comprehensive Plan. 4 1.5. A development agreement is required as a condition of annexation. . ,. 1.6. Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.7. Paving and-striping shall be in accordance with the standards set forth in~ Sections T1-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and. Development Ordinance and in accordance with Americans with.Disabilities Act (ADA) requirements. * ~ y 1.8. A drainage plan designed by a State of Idaho- licensed architect or engineer is required.and shall be submitted to the,City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on- site. 1.9. Outside lighting shall be designed and placed so'as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14. D.3. 1.10. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 'No , RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -LAWRENCE, Wendell & Kathleen !'s ~ ; F . _ ~~., . ~_ ~ i , temporary signage or flashing signs will be permitted. " +~ Sgt: 'ai p s''"'''~~:: ' . `"~~ ~~"€" ~.' yst ; '+'~. t `~' .~!"~.~.~„. rt e f " 1:11.3 Applicants shall determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plari~. ,. ; ~ ~ ~ :N.Q . F a~ '~ ~ ~ ~ 7 i ~ ~ ~. Y '~ ~ ~ • 7 q~4iy tef E`~-. ~ * t ~ r?:d 5.+r. ~*'4 ~ g~. 3'64s~~~' ~ 3.. .:'"~~. ~ ,~... ~. ~, ,.-q 1=.12. Applicants 'shall provide five-.foot-wide'sidewalks~in accordance with-City Ordinance Section-11-9-606.B: ~ _ , ~ ~ ~ q~ ' *~ ` r~°t~ -; nc. ~ ~ •t~"~~_' 1.13. All construction.shall conform to the requirements of the Americans with Disabilities Act. ~-~, _ .Y. ~1 ~ zte,:s `+ ~` " ~ y w ~`y ~ 3 ~ ;1.1,4., The;conditional use permit shall be subject to review upon ten days notice to the Applicant. .. S - Z,. ya .; 1 ., ;, ~~~~115.„. Sanitary sewer service to the proposed site could be extended from the existing main line installed adjacent to the north of the subject site. ~y; . , l . l b. Water, service to the proposed site could be extended from the existing ;water main line installed in Linder Road.`Applicants shall' provide.the'Public.Works. Department with information`°om anticipated fire flow and domestic water requirements for the proposed site. ~; L.17.,,,Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter. into an Assessment Agreement with the City of Meridian.._ u ~ _ •~ ~' '"` ~. `' 1.18. A minimum of one three-inch caliper tree is required for.. every 1,500 square'feet of pavement. Applicant shall provide square footage of pavement'so 7 9quantity of three-inch-caliper trees required can be determined. Applicant shall .submit detailed landscape plans for review and approval during the building plan review proces"s ~- ~;" ' ~ x ''° ~7 ~...7 e " 1.19. Applicant shall pay particular attention to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 1.20. A minimum 20-foot-wide landscape setback beyond required right-of- way on Linder Road shall be made a condition of annexation. The setbacks shown exceed this requirement. RECOMMENDATION TO -CITY COUNCIL - 4 ~ANNEXATIOIV AND ZONING- -LAWRENCE, Wendell ~ Kathleen .. >; . . ,. ~~ ~ ~~ . .~ . K .. ~ „ 1.21. -Provide and maintain minimum 20-foot-wide planting strips adjacent,to all residential-properties. 1.22. No use of the Union Pacific Railroad corridor is proposed, and none is approved with-- this application. Use of the UPRR corridor without appropriate G approvals may be cause for revocation of the conditional use permit. The- Meridian . -Comprehensive Plan calls for preservation of the UPRR corridor for future pathway use.'Plariting strips adjacent to the railroad corridor are encouraged. 1.23. No signage details were submitted. Detailed- signage plans- shall be -included as part of this application for review and approval. All signage is subject to design review approval: 1.24. Coordinate the location and sizing requirements of they trash enclosure with Sanitary Services, Inc. F z~1.25. Ada County Highway .District's draft report indicates they will only approve a single driveway access on Linder Road which would align with an existing driveway to 'the west. Modification of the site plan will be required to reflect the conditions of Ada County Highway District. x 1.26. Any transfer of the conditional use permit will require a public hearing in .accordance with.. City Ordinance. 1.27. Submit evidence of licensing from the Idaho Department of;Health & Welfare. prior to operation of the facility. a , 1.28.. Applicant shall.obtain a Certificate of`Occupancy prior to-any use~of the building. °1.29. The P&Z Commission and Council may prescribe appropriate ' ,conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. } 4 ~ . R 7 Z:\Work\M\Meridian 15360M\Iawi-ence Day Care\AtutexZon.Rec . ~ y x „ q n. ~ . RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING -LAWRENCE, Wendell ~ Kathleen -~ ,~ M HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208)88a-x264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-221 l RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KE[TH BIRD 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 Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 `TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 ,FILE NUMBER: AZ-98-102 REQUEST: ANNEXATION & ZONING OF 1 ACRE BY:' WENDELL 8< KATHLEEN LAWRENCE LOCATION OF PROPERTY OR PROJECT: South of Pine Street, North of Hwy 30/Franklin Road, on Linder Road TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, 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 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: ~X ~ ~ ~1 HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208)887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 ~~jj ,, cE F RON ANDERSON ~" y Phone (208) 888-4433 • Fax (208) 887-481~Y ~I~A WING AND ZONING DEPARTMENT KEITH BIRD DEC D g 1998 (208) 884-5533 City of 1!'Ieridian City Cierk Office 4. 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 Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2. 1998 HEARING DATE: January 12, 1999 FILE NUMBER: AZ-98-102 REQUEST: ANNEXATION & ZONING OF 1 ACRE BY: WENDELL & KATHLEEN LAWRENCE LOCATION OF PROPERTY OR PROJECT: South of Pine Street, North of Hwy 30/Franklin Road on Linder Road _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, 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 CITY FILES 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 (ANNEX!!A~TION) C~ ,~i YOUR CONCISE REMARKS: /C7` _ ~ / U ~~~~ ~• , . Meridian City Council Meeting May 4, 1999 Page 6 ROLL CALL VOTE: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL AYES. 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES -NORTH OF USTICK RD, EAST OF TEN MILE:_ Corrie: Council, any discussion or any questions of staff? Hearing no discussion, I'll entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law for the annexation and zoning for Hartford Subdivision and the Decision and Order. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law on item number nine. ROLL CALL VOTE: ANDERSON, YEA. BIRD, YEA. BENTLEY, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION &~ZONING:OF 1 ACRE BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: Corrie: Any questions of Council to staff on the Findings of Fact and Conclusions of Law? Bentley: I have none. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the Findings of Fact and Conclusions of Law. Meridian City Council Meeting May 4, 1999 Page 7 Bentley: Mr. Mayor, I move we approve the Findings of Fact and Conclusions of Law and Decision and Order for the annexation and zoning of 1 acre by Kathleen and Wendell Lawrence. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact and Conclusions of Law on item number ten. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: Corrie: This was tabled to 5/18 after above is published. Rossman: You need an ordinance. on the annexation. Bird: Which we just passed wasn't it Mayor? Rossman: You passed the Findings of Fact. Bird: Now we need the Ordinance first. Corrie: We need the ordinance then we can get that. So we need to table this. Bird: Mr. Mayor I move that we table the Findings of Fact and Conclusions of Law on the request for the conditional use permit for a childcare facility licensed for 50 children by Kathleen and Wendell Lawrence until May 18~h. Will that give us time get everything taken care of? Corrie: We have to do the ordinance don't we? Rossman: That's a good question. I don't know how quickly Mr. Gigray has been turning over these ordinances but - Rountree: I don't think so. ** TX CONFIRMAITCV REPORT ** ~~ AS OF APR 16 '99 09 24 PAGE.01 CITY OF MERIDIAN 02 DATE TIME TOiFROM 04116 09 20 8872199 MODE MINiSEC PGS CMDtt STATUS G3--S 03'56" 011 105 OK Memo T ~.J~,~1 ~eXIC ~. To: ~~~/1,~.e._ I T ,-Q~~ Fax #: g ~~~ ~ From: City CI®rk's l7ffi~e Date: Re; ~Vl ~ ~1 ~ 71511'1 i ra ,~ ~ /~ # AX= 4 ~ l e 3• ` Cur>-9K-ia~ Please find endosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on the ~~ay of ~ ~ , 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. if you disagree with those r®commendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Councl appreaates your aftention to this request ft will assure that the Coundl has the benefit of understanding your position in this matter and it will help limit the need for testimony. Memo To: ~~ ~~.el ~~ ~'~.~I V 1 ~ Fax #: g ~- ~ j q From: City Clerk's Office ~ Date: Re: Vl ~ # ~ a ~ !a ~. ` Cut? 9£~-tom Please find endosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Councl on the ~l~ay of i l ~, 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreaates your attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. .. IUSTIN P. AYfSWORTH IULIE KLEM FISCHER WM. F. GIGRAY, III D. SAMUEL JOFINRON WILLIAM A'. MORROW CHRISTOPHER S. NYE PHILIP A. PETERRON STEPHEN L. PRUSS ERIC $. ROSSMAN TODD A. ROSSMAN R. $iGPHEN RUTHERFURD TERRENCE R. WHITE •I WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A ATTORNEYS AT LAW C 104 NINTH AVENUE SouTx MERIDIAN OFFICE POST OFFICE BOX 247 ZOO EAST CARLTON AVENUE NAMPA, IDAHO 83653-0247 su1TE31 POST GFFIGE BOX 11$0 MERIDIAN, IDAHO 83680-1150 TEL (208)466-9272 TEL. (208) 268-2499 FAX (208)288-2501 FAX (208) 466-440$ ' F PLEASE REPLY TO MERIDIAN- OPFICE E-MAIL: WFGQWPPMG.COM i r ~ CE RE ~D April 15, 1999 APR 1 5 "1999 William G. Berg, jr. R. ~ CITY OF MERIDIAN City Clerlc , Meridian City Hall 33 East.Idaho Meridian, Idaho 83642 - Re: GLENN JOHNSON HOMES FOR HARTFORD SUBDIVISION: 1. ,ANNEXATION AND ZONING 2. PRELIMINARY PLAT ~ENDELL AND~I~ATHLEEN~LAWRENCE: ~ ~' 1.` ` CO_NDITIONAL.iISEwPERMIT _ 2. `~ ANNEXATION,AND.REZONING~, ~ ~ ~ Dear Will: Please find enclosed the originals of the Recommendations to the City Council of the Planning and Zoning Commission on the above referenced applicati1ons. Please, note these matters will be heard before'the -City Council on Apri120, 1999. " ~ c- Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, .. m. F. Gigray, III } Enclosure ` msg/Z:\Work\M\Meridian 15360M\Meridian Forms\CityClkonRecs ' c f° •.~ MERIDIAN PLANNING AND ZONING MEETING: MARCH 9, 1999 APPLICANT: WENDELL 8~ KATHLEEN LAWRENCE ITEM NUMBER: 2 REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: f/ COMMENTS SEE ATTACHED MINUTES Y~ ADA COUNTY STREET NAME COMMITTEE: ~~ CENTRAL DISTRICT HEALTH: 1~-~ ~ ~~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: 6 IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~ All Materials presented at public meetings shall become property of the City o~ 1 /12/99 Meridian. r PLANNING AND~NING COMMISSION JANUARY 12, 19 PAGE 73 could raise a motion to amend it, you address Byron's motion to amend and if approved, then you go with the motion, if denied you go back toy Tammy's original motion. MacCoy: That's what I asked. ~ i Nelson: That's what Will said. (Inaudible) ITEM NO.~ PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN &WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: ITEM NO. 8: PUBLIC HEARING:. REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON CINDER ROAD: MacCoy: Items 7 & 8 are off the same subject matter, we will do :the same as we did with 5 & 6. ft's a public hearing on both of these, it's a request for annexation and zoning of one acre and number 8 is a request for conditional :use permit. We can't do that can vice? I'm in the midst of trying to go through this. Request for a conditional use permit for a child day care facility by the same individual and the same location. Looking at number seven, staff? Where is my staff, looks like everybody disserted the ship here. Stiles: I'm really all alone. MacCoy: You wait till we get with her over here. Comments on items 7 & 8, what do you see? Stiles: We have our comments, we had no particular problems with it. Ada County Highway District however in their report they are restricting them to one access that has to line up with the adjacent access across Linder Road, which the applicant is doing right now. Unknown: I got those comments on Friday, so this-there will no longer be an access right here. Stiles: Well, I don't know where the access. MacCoy: Okay let her finish her statement before we open, we haven't gotten to public hearing yet, we are still asking the staff for help here. ~ PLANNING AND ~11NG COMMISSION JANUARY 12, 1999 PAGE ,74 Stiles: I'm not sure exactly where that driveway has to be, but the applicant will meet all requirements of Ada County Highway District, although it would be preferable to have the circle turnaround there, because of their limitations on arterials. That's not possible. Just want to emphasize that no use of the Union Pacific Railroad Corridor is proposed and none are approved. We want to preserve this for a future pathway, or light rail, some kind of use. I We do need to see any signage details and review them as part of design review. That's all I have. i MacCoy: Bruce do you have anything? Freckleton: I have nothing further, other than what is in the comments. MacCoy: Okay, now we'll open the public hearing, the applicant is at the podium already and now will say her name for the attorney. KATHLEEN LAWRENCE, 889 N. FILLMORE WAY, MERIDIAN, ID. Lawrence: I've received ACHD's comments on Friday and didn't (have a chance to get you a better revision of the plan. Basically for the parking we can scoot the building back as much as necessary to allow for more parking or more landscaping. I'm not very worried about the signage. That can bey on the building out of the way. I don't think the sign is realty what is going to get you the children. Do you have any questions for me? Looking at my application. Smith: I have a question. Do you and your husband just want yol r house back? Lawrence: I think our home will probably keep both (Inaudible). We were very successful in Crossroads, that's a little gold mine out there. Smith: So do you know, I couldn't see where you were pointing to that access drive on the-could you bring it over in front of us here and... Lawrence: I didn't want to block Shari's view. Smith: Well, f don't like to block the audiences view either, but we couldn't see. So where you've got marked across in pink is what they want you to omit? Lawrence: Yeah, that would just be blocked off, no exit. Smith: Really the only comment that I really had on your site arrangement is do you anticipate kids being dropped off or does the parent have to come inside and sign the child in. I Lawrence: The parent has to come and sign. PLANNING AND ~ING COMMISSION JANUARY 12, 1999 PAGE 75 Smith: So there is no point in having a drop off. Lawrence: No. Smith: Okay, that was it, that's all I have. MacCoy: Mr. Borup. Borup: You made a comment about increasing the parking or setbacks or anything. I didn't see anything in the staff comments that thought that was necessary. Lawrence: Well when I had the architect draw it up, I told him you know don't take a lot of time. Draw how you think is best, we will be open to any changes. Borup: My understanding is that ACHD, you could, you don't need to block off that, you could move it to the center or anything that works for your site design. Is that correct? No that's not correct. They have to be that far away, oh have to align with the other driveway, I'm sorry. The other driveway wasn't showing on the plat. ~ Lawrence: It's on the other side of the road. Borup: Okay I have nothing else, what else are you going to put next to a railroad track. I Smith: Playing children. Borup: No, I think it's a good use for the property. Lawrence: Children like the train. Borup: Don't want residential there. Lawrence: Well it's actually a residential lot in Ada County, but they have been unable to build on it. Borup: Because no one wants to build on the tracks. De Weerd: Just out of curiosity, what is the (Inaudible) off the train that goes by there? Lawrence: As far as I can tell and I'm in Crossroads Subdivision; 3:30ish. De Weerd: In the afternoon? PLANNING AND ~,IING COMMISSION JANUARY 12, 1999 PAGE 76 Lawrence: Umm hmm ,that's the only one that I've noticed. There is another one that is some time at night, real late or early morning. It wakes the kids up from nap. MacCoy: Any other questions? We'll wait for Mr. Nelson here. Nelson: Looks good. Lawrence: You guys are getting more pleasant as the night goes on. MacCoy: Is anyone here... Borup: No. Lawrence: (inaudible) it is, but yours is a better copy because this doesn't show the correct easement of Linder Road. I MacCoy: Do we have anyone here that would like to speak in favor or for this project. No, since I see none. Is there anybody else who would like to speak on the other side of the fence for this project? SHERRY WITT, 300 N. CINDER, MERIDIAN, ID. Witt: That is two houses south of the one that they are talking about. Borup: Are you lot 4 ma'am? Witt: Yes I am, I believe that's correct. If I remember rightly. It's a residential subdivision with protective covenants and it says no business of any description shall be conducted on the above property and so forth, it has a lot 1of. I don't want to read you the whole thing tonight and bore you to death, but I do object, property values, but I object on behalf of the children next to the railroad track grid the traffic on that road. Igo out for my paper and mail, I have to jump from the ditch-the kids used to play out in the road, but no more you know. Now it's been (Inaudible) for seventeen cars and I thought only 17 crossed the roads this morning or something. It's a two story house~and it's on-I'm not sure how much acreage, a couple of acres or whatever. (Inaudible) lived there for like 20 years and they are divorced and they want to sell their'house. These people would like to buy it because they would like to branch out and have a daycare, which is fine, but it is-I believe you said R-4, I think is our designation or whatever. Across the road now they do have some commercial stuff, but it's a regular residential subdivision, Hepper's Acres Subdivision at this point and because of property values and things, I would like to see the protective covenants stand for something. We've lived there since 1969. So you know, I don't know exactly what else to say, but that's what, I just feel how are the people going to come and bring their children, you can't get in, you can't get out. We have to drive on PLANNING AND ~IING COMMISSION JANUARY 12, 1999 PAGE 77 our lawn to turn our cars around facing out in order to be able to pull out and that's waiting for lots of cars, but you can't back out anymore and they are on the same side of the road we are, because that's the only row of houses along there. MacCoy: Let me ask you a general question, do you have an asl ociation that your homes belong to, for this covenants. ~ Witt: Pardon me? MacCoy: Do you have an association a covenant association? Witt: Well just sort of a loose one, the neighbors. We've gone toy each other in other times of-and no I don't think anybody else is here tonight, abut I don't know how many people are notified. I don't know if it's just that 300 foot rule or whatever, but everybody has been pretty much generally in agreement. They don't like to see all the commercialization going in there, you know. The thing of it is, our homes-we've all just lived there for so long, you know. MacCoy: The reason I ask about an association because if you r association you have officers, and then you have somebody who your properties from the standpoint that they adhere to cars on a whatever else. Witt: Well, you wouldn't be able to put your cars on the street. (Inaudible) Witt: No, I understand what you are saying. It's looser than that cooperatively meet about irrigation days, and things like that. Yc ave an "polices" that street or I mean we know we have like horses on our property and stuff. MacCoy: I was just interested to see what kind of association. Witt: You know, there are only six or seven houses up and down the road, that's why it hasn't been more formal, but I've gone around door to door~with petitions before. Other people have come to me, the same way. It's mostly live and let live most of the time unless there is an issue. MacCoy: Any of the commissioners have any questions of her? ' Borup: Just one, ma'am you said you were concerned about the children. It sounds like you were concerned about them playing in the street, and playing on the road. I PLANNING AND ~JING COMMISSION • JANUARY 12, 199 PAGE 78 Witt: No, about the traffic on the road. Parents getting into the again and the children being in a location right near the railroad though hopefully they would be fencing and that sort of thing, kip Borup: There is definitely fencing around it. Witt: Well, there is pasture fencing right now. Borup: No, I mean the new project will have fencing. riveway and out racks even s can get out. Witt: I have not been privilege to see any of that. I didn't know about this. Borup: Thank you. Witt: All right, I guess I would like to say that I'm hear on behalf of myself and my husband. He had to go to Salt Lake City for his job and couldn't come with me tonight, so I came to at least let you know that we do care about our homes. MacCoy: Okay, thank you very much. Is there anyone else her I who would like to make a statement? All right, do you want to come back up here to make any additional thing in mind. Lawrence: I don't have it with me, but the covenants and restrictions were amended to allow businesses into the subdivision and that was done by-I believe they had to have a certain percentage of the homeowners and it is recorded and I have all the signatures. And then also we are not~going to put the daycare in the house, the existing house. It's going to be in the empty lot that is near the railroad tracks. The existing house is going to stay as residential. Witt: You are going to build a structure? Lawrence: Right, so the existing house will be a buffer, we own that also, but we hope to make that our residence. Witt: When were these covenants amended? Lawrence: It was amended shortly after the subdivision was recorded. Witt: I was told by an attorney that that is not the case, not too long ago. De Weerd: We need the conversations to be in the microphone. Lawrence: She asked when the covenants were amended. I can't give the exact date, but I believe it was shortly after the covenants and restrictions were recorded and I can get that to you. PLANNING AND ~ING COMMISSION JANUARY 12, 1999 PAGE 79 Rossman: Well, that issue is really not relevant for this commission. That's a civil issue between the parties. This commission is not a body to enforce covenants. MacCoy: We just asked the question do you have them and we ldon't get that area. ~ De Weerd: I would have a question, across the street from your development, what is across the street? Lawrence: I don't know, it's a commercial building, they got their permit I believe in September of 1998. De Weerd: So it's commercial across the street? Lawrence: Oh yeah, the zoning is commercial and then on the far side of the subdivision is also commercial. I believe that other-west of than subdivision that whole area there is light industrial with right across the street is commercial. I didn't know it was commercial until ACHD gave me the notice that they got their commercial zoning here, I think in September. Witt: May I make another statement? Can I .come up again and say something? Is it all right? The thing about these covenants is that someone tried to run a business out of a rented home and within the last year and the attorney said these covenants still stand. We were never told that there was any business allowed ever and there aren't businesses there. It's commercial across the street, but it's R-4 where we live. Smith: Ma'am the plat that was submitted calls that R-1 it's a county zoning (Inaudible). Witt: That's right, we are in the county, that's right, the city is all around us, but not our particular lots and you know, these people either have bought or want to buy. I believe the person that still lives there moved in about 1970 and he still is in the house. His wife has moved out, but-and they are trying to sell their place and they would like to see the zoning changed or whatever so they can get it sold. I'm not objecting to that other than how that effects us. Wei live in a subdivision that is rural, but it's got these protective covenants that we were, none of us were ever told were amended and we-the (Inaudible) had a petition within the last year to get that business out of there and it's gone.l I don't know, I'm just telling you what I know. MacCoy: Thank you. Anyone else who wants to speak before we close the public hearing? PLANNING AND ~,IING COMMISSION JANUARY 12, 1999 PAGE 80 Smith: Mr. Chairman, I would like to make a motion that we close the public hearing, on items 7 & 8. Borup: Second. MacCoy: Is seconded by Commissioner Borup? Any discussion? De Weerd: Does staff have anymore comments before we clos I the public heanng? Borup: We can talk to them even after it's closed. MacCoy: They were shaking their heads. Stiles: I just had one comment, I would like to ask the applicant i I noticed that the option is for lots 1 & 2. Would you have an objection-unless you have to start completely over again to annex the whole two lots. Lawrence: My husband would love that. The reason why we did not do that is because I wanted to keep that other lot R-1 to provide a buffer to the existing homes that are there. I thought that would be more considerate of the other-for them, just for their piece of mind to know that was still R-1, we couldn't go in there and start a booming business. Stiles: Well that is probably reasonable for the protection of the neighbors. The city would mostly be concerned about getting it annexed, because it is a small, something that we'll have to pick up and do the annexation on and also get you hooked up to sewer and water that way. Lawrence: We don't have a problem with annexing both of them. Stiles: That would probably require a revision in the application and... De Weerd: And re-posting notice and... Stiles: Forget it, forget it. Lawrence: Shari, I can do that if it's not going to cost me anymore. I can go through the whole thing again, if I don't have to pay the fees over again. Borup: What would that do to your time frame on. Lawrence: It would help us. Borup: To delay? PLANNING AND ~IING COMMISSION JANUARY 12, 1999 PAGE 81 Lawrence: Yeah. Borup: We don't hear that very often. Nelson: I have a question for Shari. Can you annex say the twol lots, but on the rezone, only rezone the one? Stiles: It would have to be a City of Meridian zone. Upon annexation is when it's (Inaudible) zoned. De Weerd: So -she would have to reapply then? Would we deny this and she would have to reapply? ~ " Stiles: She would have to amend the application. We would have to re-notice it. Borup: Can we table it? Stiles: We could continue it, she would still have to-we would still have to re- notice it and she would submit her amended application, new legals, re-notice it. I guess we could do it with a continued" public hearing, but it would be continued to March. De Weerd: It doesn't seem that she cares and this way it kind of gives them a chance to look into the CC&R's and resolve issues with her neighbors. Borup: Then we would be zoning this lot L-O and the other lot R-2? Stiles: Whatever they applied for. They would need to-if they dil two se arate zones, they would have two separate legal descriptions and I don't know.. P Borup: Is that what you were anticipating it would be two annexation and two different rezones? Stiles: NO, it wouldn't necessarily have to be separate applications, but they might have to have two.... Borup: No, but I mean zoning two different zoning designations. Stiles: If they intend to use that as residential, they would need to have a different zone. Lawrence: You can't live in Light office? Stiles: Limited office, no. Single family home is not permitted use. De Weerd: And there is no more cost to that? PLANNING AND ~ING COMMISSION JANUARY 12, 1999 PAGE 82 Lawrence: The cost would be legal descriptions, which is fairly inexpensive De Weerd: Which is reasonable to you. Okay. Stiles: I don't know if-notice requirements and public in the paper would be additional costs. I don't know, I'm sorry I mentioned it now. Smith: Y eah, me too, let me make sure I understand you right. You dust want to see both parcels annexed and zoned into the city as opposed to just one. Stiles: Well since they have-it's a contiguous ownership. De Weerd: Well I'm not sorry that you did because it does allow her to communicate with the other residents perhaps and resolve the issue that was brought up tonight. Lawrence: I want to let you know that we have a daycare license for 17 in Crossroad Subdivision which is R-4 so the houses are really close together and we had it for 12 before then and when we had our hearing for R-17 we had a number of our parents come and support us that were right next tloor and we had no one object. Smith: I remember that and you might want to give her a couple Hof names to call and maybe that would help put her mind to ease too. Lawrence: You guys recommended it for a denial. De Weerd: I wasn't here. Stiles: Byron was on a soap box that night. Smith: All right, I would like to retract my motion for closure of the public hearing and make a motion... i De Weerd: We never voted on it. MacCoy: We never voted-take it back. De Weerd: You can still withdraw. MacCoy: Take the second back. Smith: Keith will take his second back. Borup: I'll take my second back. PLANNING AND ~;IING COMMISSION JANUARY 12, 1999 PAGE 83 Smith: I make a motion that we continue this public hearing.... (END OF TAPE) Smith: ... meeting to allow the applicant to apply for appropriate :residential zoning for an adjacent residential lot which is,Lot 2 of Hepper's Acres and to research the covenants and work with her neighbors on her proposal. De Weerd: 1'll second that. Smith: (Inaudible) Rossman: Sounds good~to me Byron, go ahead. De Weerd: I'll second. MacCoy: First and seconded, no discussion, any discussion? Eric do you want to say something. Borup: The applicant said that she was in-favor of the- MacCoy: What the delay, that's correct. Twice, so what is wrong :with that. Borup: Okay, no I just wanted to reiterate that. MacCoy: It's there, we all understood that. Borup: Okay. MacCoy: All in favor say aye. MOTION CARRIED: All ayes.. MacCoy: Moving on to the next part of this one which is the item 8, which has to do with the request for conditional use permit childcare facility, license and etc. Since you continued this one on, do you want to continue this one, how do you want to handle this one? She has already made her statements. Borup: We can't do anything if the property is not annexed, can we? MacCoy: I don't see where you can complete 8 if you haven't done 7, so I've got to have a motion. Borup: I move that we continue item 8 to the same March 9th meeting. Smith: Second. REcE~ a MAR - 9 1999 TCr Meridian Planning and Zoning CITY OF MERIDIAN FROM: Debbie Keller and David Burgess -270 N. Linder Meridian, ID ~ ~~~/~' SUBJECT: Wendell & Kathleen Lawrence Annexation and Zoning . s We are unable to attend the meeting on March 9, 1999 because Debbie Keller will be_in the hospital having back surgery. ,. 6 ~ s' ~. We would like to express our concerns about this proposed annexation and zoning of the-1 acre property on Linder Road. r The~Hepper Acre Subdivision covenants doesn't allow for a childcare facility . Linder road is a very busy road now if they allow this childcare facility to go into business with 50 children; that is a potential 50 more cars twice a day going down Linder. - If the city decides to annex all the properties this could mean; Higher Taxes, annexation fees, city water hookups and other monthly bills. This could also mean having curbs, gutter, and sidewalks at the homeowners expense. f, As a homeowner on Linder Road I do not want to see the planning and zoning committee approve this. ,, Thanks, , tom. YDebbie Keller David C. Burgess F ~ ~ - - t. ~...~-~. _. e.~_ . ~~_ . .- _ v ~--~ .. _ . - ~. ' ~ ., i • MERIDIAN PLANNING AND ZONING MEETING: .JANUARY 12, 1999 APPLICANT: KATHLEEN 8~ WENDELL LAWRENCE ITEM NUMBER: 7 REQUEST: ANNEXATION ~ ZONING OF 1 ACRE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: INl'ERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS r SEE ATTACHED COMMENTS J OTHER: _ - Ail Materials presented at public meetings shall be me properly of the City of Meridian. ~~~ ~~- ~~~~ 'f PLANNING AND ~ING COMMISSION • JANUARY 12, 1999 PAGE 84 MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOADE-SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE: MacCoy: Staff? I'm waiting for comments. Stiles: Chairman MacCoy, commissioners this is a request for annexation and zoning. We are alittle-missing a little bit of information, I think. We don't really quite know where the L-O is and where the C-G is. Initially when I talked to the applicants representative their plan was to come in with a plat in the conditional use permit for first use and the annexation and zoning. However, there is only the annexation and zoning right now, so it's difficult to comment and we would like to reserve our detailed comments for future conditional use permits that we would ask for every use on the property, or that we not annex until there is some plan proposed and that the platting is proposed. Those are our major concerns, especially with Corporate Drive coming through this property at some point. We don't know exactly what the design is, it's been some different designs proposed, and the pathway issue is something else that we are concerned about, but I would like to hear what the applicant has to say. If they can give us some more information. MacCoy: Is that it? Freckleton: Mr. Chairman and members of the commission, I received late today a copy of a map from JJ Howards Engineering Company showing where the proposed zoning lines are. I don't believe you guys have seen this. We can run some copies of it. I really don't have anything other than what Shari has mentioned. Legal-descriptions that were submitted for annexation do not include half of the right-of-ways of Ten Mile and North Waltman Lane as we typically see, or as we require, I should say. Other than that, I have nothing. MacCoy: Okay, thank you. Going to open the public hearing now, will the applicant come forward and state who he is. JIM HOWARD, JJ HOWARD ENGINEERING. Howard: Seems like last time I was here they swore you in, I don't know why the change. MacCoy: We don't either. R~+ CEI~f1 DEC 15 1998 ORGANIZED 1904 CIS OF MERIDIAN ~. ,I 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 9 December 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642, Re: Annexation and-Zonin of One Acre for Wendell & Kathleen Lawrence g M E Dear Commissioners: ~ The Nampa & Meridian Irrigation District has no comment on the above referenced application. ~ Sincerely,,~Q Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION ] BH: dln cc: File -Shop File -Office Water Superintendent ~' ~ '. =;~,. . .. ~~.;~ ` ,,t `~ --~•~' Y ~ ~h ~ K _ ~) ~ ~ ~ 3 S' ~ s .. - ~. ~, ., ,~ `~ ~~ ti y~ ~ :~> ~ :~.. ~ "~ r+ 41~ ~^ .' ~ APPROXIMATE IRRIGABLE ACRES v - RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~___:)~