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HomeMy WebLinkAboutPadoris, Kaye and Stephen CUPHUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. TOM KUNTZ, Parks & Rec. Director DENNIS J. SUMMERS, Parks Supt. SHARE L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 ' Legal Department (208) 8844264 ROBERT D. CORRIE Mayor CHARLES M.ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP BYRON SMITH MARK NELSON 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 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 3, 1998 TRANSMITTAL DATE: 2/18/98 HEARING DATE: 3/10/98 REQUEST: Conditional Use Permit for a one station hair salon BY: Stephen 8z Kaye Padoris LOCATION OF PROPERTY OR PROJECT: NW'/4 SE'/4 Section 12 T.3N. R.1W. JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P/Z _BYRON SMITH, P2 -,KEITH BORUP, P2 -ROBERT CORRIE, MAYOR _RON ANDERSON, C/C -CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFiCE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: MERIDIAN PLANNING 8. ZONING COMMISSION MEETING: APRIL 14. 1998 APPLICANT: STEPHEN 8~ KAYE PADORIS AGENDA ITEM NUMBER: 2 REQUEST: CONDITIONAL USE PERMIT FOR A ONE STATION HAIR SALON . GENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 3/10/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. R~leridian Planning and Zoning Commission March 10, 1998 Page 16 Mountain Pizza or a use very similar to that i.e. pizza, subs, food service on similar scale and service venue require the applicant to come back through for another request for a conditional use permit. Nelson: Second. Johnson: We have a motion and second. ROLL CALL VOTE: Borup, aye. Maccoy, aye. Smith, aye. Nelson, aye. MOTION CARRIED: All aye. Johnson: Is there a recommendation you wish to pass on to City Council? Borup: Mr. Chairman, I move that the; Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian to approve the Conditional Use Permit requested by the applicant for the property site desczibed in the application with the amended verbiage that was added by Commissioner Smith. Should the application be approved the applicant shall satisfy the conditions set forth in the Findings of Facts and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, paving, landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Smith: Second. Johnson: We have a motion and second to make the recommendation to the City Council as stated. All in favor? Opposed? MOTION CARRIED: All aye. ITEM NO. 5: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A ONE STATION HAIR SALON BY STEPHEN AND KAYE PADORIS - NW %4 SE %. SECTION 12 T.3N., R1 W.: Johnson: Wow, I prefer a street address. And I will open a public hearing and invite the applicant or the applicant's representative to come forward and be sworn by our City Attorney. STEPHEN PADORIS 503 W. PINE WAS SWORN BY THE CITY ATTORNEY. Meridian Planning and Zoning Commission March 10, 1998 Page 17 Padoris: I stand before you. We'd like to open up a little one station hair salon in our home on W. Pine, and I'm trying to go through the appropriate channels to make sure we do it per your requirements, and the law. I'm not sure where to go from here. Johnson: Well, that's fine. We have your application and some comments. I'm sure the commissioners have some questions. Commissioners at this time, questions? Maccoy: Looking at your site plan here that you gave us in our package, I don't see any parking. I know it's a single chair salon you have planned for here, but do you plan for any handicapped usage of the area? Speaking of parking or ramp to the house or - Padoris: As far as the handicap, we weren't really planning that. My wife, she would like to retire in a couple of years. She's developing the carpal tunnel in her wrists and arms, and generally the purpose of the shop is she enjoys it as a hobby to where she would like to you know cut friends and_ family's hair, and she has no intention of having this be a high volume business by any means, so we really didn't allow or have any plans to cater to the handicapped. If we needed to put in a ramp, I guess we could do that, but - Maccoy: Probably be something you ought to think about because American Disability Act which is a national act is required that you should when you open to the public, make it available to everybody. And handicapped, that includes those people too. Now you've got parking you say off street as well as a three spaces. Now this is a single drive. What do you do, stack your cars one after the other in here, or how do you get in and out? Padoris: Basically our driveway through there is - we have enough space in there for three cars, side by side. And in talking to ACHD, right around in front of our main entrance to the house, we'd like me to provide some type of a tum around access which is going to allow for not only maybe one more additional parking space plus the turn around. So - Maccoy: What's your answer to that because I was going to ask you -the next part of the question was had you read the Highway Department's material? Padoris: Yes, I did. And yes, yeah, we are planning to put a tum around there. It's not shown on the site plan, since I just spoke to them last week, and I submitted a site plan a couple of weeks ago. I believe. Maccoy: Okay. I take exception to your proposed 4 x 4 sign on a five foot post. You are in a residential area: I don't think if I were a neighbor of yours, I would appreciate a sign that big sitting in my front yard or next door neighbor's yard. I would suggest you might want to reconsider your sign, because you are going to have to go before the sign ordnance anyway in this city, which will be doing the same thing I'm doing right now to Meridian Planning and Zoning Commission March 10, 1998 Page 18 you, saying you got worry about getting this thing doom into a more acceptable sign size. Since you are living in a residential area. Padoris: Right. The only reason I stuck that in is I was told or under-the impression Meridian preferred some type monument sign, so I just stuck it in here, and hoping to get your suggestions on what might be appropriate. Maccoy: Well, I think something a little lower height, and anyway, I'm not going to sit here and second guess the sign committee, but I just think you ought to spend some time with and come up with an acceptable piece, because what you've got here shown is not the - in my estimation anyway. Borup: I think really the only question I had was items that Commissioner Maccoy already touched on, and I realize the problem trying to do a small home business, so I tend things can get rather overwhelming, but ACHD comments. Do you have the written copy of their comments? Padoris: Not with me, no Borup: But you have read it? I guess the one item that I was questioning was their request to have a 24 to 30 foot wide new driveway curb cut, etc. put in. You said you was talking about doing the tum around. Was that something that you were planning also? Padoris: At first they told me I would probably be required to have an arterial type of approach at the 15 foot radius. Say a 20 foot wide driveway, and then another radius on the other side. They came back later I believe and talked to me over the phone, and said that they've decided that they would not require the 15 foot radius approach, that if I could provide a tum around on site so that the people are pulling out.they can drive straight out without backing out. (End of Tape) Borup: ....much for reasonable, and that was my question. I felt a 24 foot new curb cut was excessive for the use you are looking, but I think the tum around part is probably a safety question on people backing out on Pine Street, so the turn around would definitely handle I think the safety aspect, and fbr the amount of usage. So at this point, ACHD has backed off on the new curb cut and wider entrance to your understanding? Padoris: Yes, sir. Borup: I would agree with that too that a whole new entrance would be excessive, but the tum around would be a safety. That's all I have. Johnson: Okay, I had. a couple of questions regarding the neighborhood setting. What are your planned hours of o~ eration? Meridian Planning and Zoning Commission March 10, 1998 Page 19 Padoris: Basically say 9:00 to 6:00. Johnson: And are there any convenants in your neighborhood there that restrict at all business? Padoris: That's a good question. I'm not sure. Johnson: Have you run this by your neighbors at all to see what their reaction might be, particularly your adjacent neighbors? Padoris: Yes, I run it across. Yes, I have, and there seems to be no objections. One of my neighbors that owns the apartment right next door to me indicated that they were going to send a letter to the City of Meridian stating their acceptance and approval of it. Johnson: Okay, thank you. Smith: The ACRD requirements do concern me because of the neighbofiood setting, and I think that this tum around area, this driveway needs to be handled sensitively and to not over -not be overstated and be a detriment to the neighborhood. The first proposal, the 24 foot access was pretty excessive for this size of site, and I can't advise you from a -and I'm not proposing to advise you on the ADA that Commissioner Maccoy brought, but I think there is language in the civil rights legislation that states verbiage to the effect of reasonable accommodation. And I think there are things that you can address in that aspect that would perhaps preclude you from requiring to construct a ramp, but again, I'm not trying to in anyway present myself as suggesting that that's the appropriate course of action. But that is something that you might want to keep in mind before you just go out and construct a ramp. And then t do want to reiterate Commissioner Maccoy's comments on the sign. I think that's way too big a sign for the scale of business that you are proposing and the setting and the context of the neighborhood, and definitely wouldn't want to see to a post mounted sign. Now, I know what a monument sign is again. It's just a sign that comes right out of the ground. The sign right in kind of a structure that comes out of the ground. It's low to the ground. And 4 x 4 is probably larger than what you would need there. So I would like to see some more information submitted on the signage when you get to the next hearing that you will be presenting at. That's all I had. Nelson: I had one comment. My wife does use such a hair salon, and 1 noticed that the - I think our covenants are pretty specific on what to do as far as signage and having an infiouse business: And what I've seen in the past, the only signage that was allowed was attached to the building. For this low volume of a setting is enough signage that somebody looking for it knows they are at the right spot. You know hopefully the neighborhood -you are not getting .any advertisement out of the signage, but that's my only comment. The signage I've seen in the past for similar businesses has just been a small sign attached'.o the home, just enough they know that is what they cr'e looking for. Meridian Planning and Zoning Commission March 10, 1998 Page 20 Maccoy: Since you are going to be parking in your driveway and. coming into the house so the shop at the rear entrance there; I would assume you would have some type of lighting on that outside section so people see where they are. When it comes winter time, you know you said you would be open until 6:00 in the evening. When it gets dark around 4:00 sometime in there. I'm just thinking from the stand point of liability. You want some type of fighting out there. Padoris: We do have some normal lights on the side of the house, you know, we can flip on. Maccoy: And along the same thing lighting, I didn't bring it up, because I didn't think it was going to be a case, but I wouldn't think that you would want to light your sign out front. I don't think that would be necessary. And what Commissioner Smith also brought the fact that you can go for a smaller sign, and people will know who you are, and that's all you'd need. That's all I have. Johnson: Okay, thank you. Anyone else? This is a public hearing. Is there anyone else that would like to address the commission at this time on this application. Okay, thank you. Any further discussion? Any comments from staff? What is your pleasure? This conditional use permit request requires Findings of Facts and Conclusions of Law. Maccoy: Mr. Chairman, I move #hat we have our Counsel prepare Findings of Facts and Conclusions of Lawfor this project. Smith: Second. Johnson: We have a motion and second to have the City Attorney prepare Findings of Facts and Conclusions of Law. All in favor? MOTION CARRIED: All aye. Johnson: Do you understand what that means? Do you know what the next step is? Do you know where we are in the process? Padoris: I believe I've got to make these corrections, take care of the sign Johnson: Mr. Prior is going to tell you exactly where we are in the process so you won't think we were misleading you here. Prior. The next step sir is simply I prepare Findings of Facts and make sure that everything conforms to the Meridian Comprehensive Plan and the Meridian City Ordinances. Okay? I prepare Findings. Based on those Findings, I make a recommendation to the Planning and Zoning (Jommission. You'll come back next month, and they will let you know whether they approve your project after they read my Meridian Planning and Zoning Commission March 10, 1998 Page 21 findings, much like what they just did previously. Approximately two weeks to a month after that, it will go in front of the City Council and they will get an opportunity to read my Findings as well, and they will make a recommendation, and if passes, then you are well on your way and everything is all set to go. Padoris: Great, thank you.- Prior. Any questions or anything I can answer for you? Padoris: No. First time stumbling through so - Prior. We'll see you next time then. Padoris: Thank you. Johnson: Thank you, John. ITEM NO. 6: PUBLIC HEARING: PRELIMINARY PLAT FOR THUNDER CREEK SUBDIVISION BY MERIDIAN LAND DEVELOPMENT COMPANY: Johnson: I will now open a public hearing and ask the applicant or the. applicant's representative to address the commission, please. CHARLES EDDY 4345 S. TIMRIDGE WAS SWORN BY THE CITY ATTORNEY Eddy: Thunder Creek Subdivision located somewhere as opposed to nowhere is more generally located on the east side of Ten Mile Road approximately a quarter mile south of Cherry Lane in section 11, township 3 north, range 1 west. This project is one that has been revitalized. It was approved approximately a couple of years ago in the same general manner that you see here. That approval expired and Meridian Land Development picked up the project and is asking for a new approval with the modifications that we've made. The property is currently zoned R-4 bounded on the north and south by unplotted ground that's in the county. It's bounded on the east by the proposed Haven Cove Subdivision which is currently in its first phase. Some revisions that we've made to this project from the first one was the connection between Haven Cove and Thunder Creek to allow a through street. On your reduced drawing, the lighter lines to the east of the property are the proposed Haven Cove Subdivision to allow Thunder Creek to work with it. We've also made some extensions to the south and to the property for future development to the south. Really nothing special about the project. It is single family housing, 8,000 square foot lots. Common area lot is on the frontage of Ten Mile Road- with the lot adjacent to the access road from Ten Mile being a storm drainage and common area lot to be landscaped and grassed appropriately. Along the Eight Mile Lateral, cur discussions with the Nampa Meridian Irrigation District and Boise Project Begird of Control have indicated they request an additional three and half feet on either side of the right-of-way from -which would allow . ~ ~ CENED M>~ R ~ a X998 ~~ ~IDIAN SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary March 12, 1998 TO: Stephen Padoris Kaye Padoris 503 W Pine Ave Meridian ID 83642 ~~~, FROM: Karen Gallagher, Coordinator ~ ~ Development Services Divisio SUBJECT: MCU-03-98 Hair Salon 503 Pine Avenue Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on March 11, 1998. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. 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I . .. I r:,r.,.oe I Facts and Findings: A. General Information Owner -Steve and Kaye Padoris Applicant -Same R-15 -Existing zoning 0.28 -Acres 1,344 -Square feet of existing building 271 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone WesE~,~rn Cities -Impact Fee Assessment District Pine Avenue Collector street with bike lane designation Traffic count 4,713 on 4/2/97 (east of Linder Road) 78-feet of frontage 60-feet existing right-of--way (30-feet from centerline) No additional right-of--way is required Pine Avenue is improved with 41-foot street section with curb, gutter and sidewalk. B. The site has an existing 1,344-square foot residential home. There is an existing 13-foot wide curb cut driveway abutting the site's western property line. There are several driveways on the north and south side of Pine Avenue within 150-feet of the applicant's driveway. District policy requires 150-feet of separation between driveways on Pine Avenue. This driveway does not meet District policy's required 150-feet of separation for 35 MPH. Staff rec;~mmends a variance for the driveway location because the site has insufficient frontage to construct a driveway in compliance with District policy. C. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full required width of 20-feet wide to at least 30-feet beyond the edge of pavement of Pine Avenue. D. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. E. .The site does not have an on-site turnaround, therefore, the applicant and customers would have to back vehicles into Pine Avenue. Staff recommends that. the applicant provide an on- site turnaround to avoid having vehicles backing onto Pine Avenue. M000398.COM Pale 2 request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting. at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4, All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other. legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by__ Planning and Development Staff Date of Commission Action: March 11 1998 MCU0398.COM Pale 4 MERIDIAN CITY COUNCIL MEETING: MAY 5.1998 APPLICANT: STEPHEN 8< KAYE PADORIS ITEM NUMBER: 8 REQUEST: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A ONE STATION HAIR SALON - 503 W. PINE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/14/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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 POWEP.: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED F F & C L All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 7 Smith: There's no real pedestrian link between that parking lot and the front of the building, you'd have to go in -unless you go around the east side, I suppose you could do that. McKeegan: Yes you are correct. Smith: That's all I had. Johnson: Mr. Nelson? Nelson: I have no questions. Johnson: Anyone else? Any comments from staff at this time? Okay thank you very much. This is a public hearing is anyone here to testify on this application? Seeing no one then I'll close public hearing at this time. This is an application for a conditional use permit and would require Findings of Facts and Conclusions of -Law. Smith: Mr. Chairman I would like to make a motion that we direct the City Attorney to prepare Findings of Fact on this application. Nelson: Second: Johnson: We have a motion and two seconds to have the City Attorney prepare Findings of Fact and Conclusions of Law on item #1 on .our agenda. All in favor? Opposed? MOTION CARRIED: All aye ITEM #2: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR A ONE STATION HAIR SALON BY STEPHEN & KAYE PADORIS - NW ~/. SE %4 SECTION 12, T.3N., R.1W: Johnson: You have the Findings of Facts and Conclusions as prepared by our City Attomey are there any questions, any discussion any deletions, corrections or additions that you'd like to make to these? Borup: Under last page -next to the last page -last page of the Findings number ten item "I" and I'm assuming that this is probably inconsistent with City ordinance but a question I had was whether it was really necessary to have a licensed engineer design a drainage plan for the parking area. The area is already paved, it's. existing paved driveway, they're looking at limited use for a one station operation. I don t know if that's anything wee-have an option of doing anything about or not but that was the question I had. Maybe the attorney would like to answer that. MERIDIAN PLANNING AND ZONING APRIL 14, 1998 PAGE 8 Johnson: No he wouldn't, no. We have an ordinance that requires that at this point lassume -- Prior: Iwould be happy to defer to Mr. Freckleton if you'd like to talk about that. Johnson: Any comments Bruce? Freckleton: The only thing I would say is any new parking areas that are added any new paving that sort of thing that would require the drainage plan designed by an architect or engineer per ordinance. Borup: Would that include the tum_ around? Right now I believe they have the parking just that there's not a tum around. Okay maybe we can assume that that's not a real critical thing, can we? Freckleton: No I don't think so. Borup: Thank you. Johnson: Anyone else have any comments? Nelson:l have one comment. On item #10 "G" there's a reference to the signage and I believe in our discussion last month we talked about making that a smaller sign attached to the building and 1'd like to amend this Fact and Finding to just put in writing that we wanted a small sign attached to the building, is that right? Johnson: Well you can make that suggestion if you want to condition the approval based upon that. Nelson: I would. like to do so. What else? Johnson: Well since you want to change them why don't you make the motion. Nelson: Mr. Chairman I would like to motion the approval of these Facts Findings and Conclusions and amend item #10 "G" to state that there be a small sign attached to the building. Borup: Second: Johnson: We have a motion and second to approve the Findings of Facts and Conclusions of Law as amended by Commissioner Nelson. All in favor? I'm sorry it is a roll call vote. . MERIDIAN PLANNING AND ZONING APRIL, 14, 1998 PAGE 9 ROLL CALL VOTE: Mr. Borup -yea, Mr. MacCoy -yea, Mr. Smith -yea, Mr. Nelson -yea. MOTION CARRIED: All yea. Johnson: Is there a decision or recommendation you wish to .pass on to City Council? Nelson: Mr. Chairman, the Meridian Planning & Zoning Commission hereby. recommends. to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Facts Findings and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian the conditional use should be subject to review upon notice to the applicant by the City. Borup: Second. Johnson: We have a motion and a second to pass the recommendation on to the City Council as stated by Commissioner Nelson. All in favor? Opposed? MOTION CARRIED: All aye. ITEM #3: FINDINGS OF FACTS AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT TO CONSTRUCT A 13,250 SQUARE FOOT HIGH TECH MACHINE SHOP BY NICK BRACKUS - NW'/. NW %, SECTION 18, T.3N., R.1 E: Johnson: Any comments regarding the Findings of Fact as prepared by our City Attorney? Smith, Nelson, MacCoy, Borup: None. Borup: Mr. Chairman, I move that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Nelson: 1 second. Johnson: This is a roll call vote. We have a motion and a second for approval. ROLL CALL VOTE: commissioner Borup -yea, Commissioner MacCoy -yea, Commissioner Smith -yea, Commissioner Nelson -yea. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR A ONE STATION HAIR SALON BY STEPHEN AND KAYE PADORIS . 503 PINE AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on March 10,1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Stephen Padoris, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on March 10, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 10, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian at 503 Pine Avenue. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 Stephen and Kaye Padoris - CONDITIONAL USE PERMI~r Finalized 10-28-97 the property. 3. Pursuant to the application, the property is presently zoned as R-15, Medium High Density Residential .District. The proposed use of the property is to operate a 'one station hair salon. Applicant presented a site plan depicting the location of the proposed ,use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer,. water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Stephen Padoris, representative for the Applicant, testified substantially as follows at the public hearing. Mr. Padoris and his wife would like to. open a one station hair salon in their home. Mr. Padoris inquired about the next step in the procedure. Commissioner Johnson noted that the next step is to answer questions from the Planning and Zoning Commission. 5. Commissioner Maccoy inquired about the use of handicap parking. Mr. Padoris noted that for the most part the shop would cater to friends and family. He had no immediate plans to provide for handicap access. He did note that if they needed to put in a ramp they could do that. Commissioner Maccoy noted that they must abide by the American Disability Act. Commissioner Maccoy inquired about the parking and access to the proposed business. Mr. Padoris noted they have enough space for three cars side by side in the driveway. He also noted that ACRD would require a turn around access of some kind that would provide for one more additional FINDINGS OF FACT AND CONCLUSIONS JF LAW - Page 2 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 space. 6. Commissioner Maccoy noted that he took. exception to the proposed 4x4 sign on a five foot post . He noted that if he were a neighbor he would not appreciate a sign that size sitting in an adjacent yard. Mr. Padoris noted that he stuck that in there solely for the purpose of comment. He understands that Meridian has a sign ordinance and they have a preference for monument signs, he just wanted some. feedback in that regard. Commissioner Maccoy noted that Mr. Padoris should spend some time on his sign proposal, because the present sign is.unacceptable. Commissioner Borup inquired about the ACHD requirements, specifically, the requirement concerning the 24x30 foot wide new driveway. Mr. Padoris noted that was an ACHD requirement and they have reconsidered the requirement and are now talking about a turn around driveway. Commissioner Borup noted that he felt a 24 foot new curb cut driveway was excessive for the proposed use. He noted that a turn around of some type should handle the safety concerns for ACHD. Commissioner Borup requested confirmation from Mr. Padoris that. ACHD has reconsidered their curb cut driveway requirement. Mr. Padoris noted that ACRD has reconsidered their requirement. 7. Commissioner Johnson inquired about the hours of operation. Mr. Padoris noted that the hours of operation would be 9:00 a.m. to 6:00 p.m. Commissioner Johnson inquired about the covenants in the neighborhood and whether they restrict the FINDINGS OF FACT ANT. CONCLUSIONS OF LAW - Page 3 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 proposed business in any way. Mr. Padoris stated "That's a good question, I'm not sure". Commissioner Johnson wanted to know if the idea has been run by the neighbors. Mr. Padoris noted that he did and there seems to be no objection to the idea. He also noted that a neighbor would be sending a letter to the City of Meridian in support of the plan. 8. Commissioner Smith noted that he has concerns .for the neighborhood setting and the issue of the turn around area. He wants to make sure that the turn around area is not a detriment to the. neighborhood, but at the same time avoid it being over excessive. Commissioner Smith noted that the applicant would need to provide reasonable accommodations .for handicapped access. Commissioner Smith noted that he agrees with Commissioner Maccoy that the sign is too big for the proposed business. Commissioner Smith noted that he would like to see more information submitted on the issue of the sign. 9. Commissioner Nelson noted that his wife uses such a hair salon and that the covenants in that neighborhood are specific as to the type of sign and whether an in house business is permitted. He noted that the type of sign that business has is the type attached to the house. 10. Commissioner Maccoy inquired about the lighting of the premises. Mr. Padoris noted that he has "some normal lights on the side of the house, you know, we can flip on." Commissioner Maccoy noted. that he did not think the sign out front should be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 illuminated. 11. Bruce Freckleton, Assistant to the City Engineer, submitted a comment that the sanitary sewer and water to this facility would be via. existing service lines. That the site is currently assessed with 1 water hookup and 1 sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. That the applicant will be required to enter into an assessment agreement with the City of Meridian. He requested .that the applicant provide any information in regards to the anticipated water demand. 12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District .submitted comments, which respective comments are incorporated herein as if set forth in full. 13. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of tY:e Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The .City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 Stephen and .Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and. ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (R-15) Medium High Density Residential District. The R-15, Medium High Density Residential District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (R-15) Medium High Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single family attached and multi-family dwellings at a density not to exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park- or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot-line single family dwellings, townhouses, apartment buildings and condominiums. 5. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 6. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 time period for which a conditional use may be in existence. 7. Section 11-2-418 D. states as follows: In approving any Conditional Use, the .Commission and Council may prescribe appropriate conditions,•bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and- Council may prescribe a set time period for which a Conditional Use may be in existence. 8. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 9. Section- 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets-forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the prior annexation of FINDINGS OF FACT P.ND CONCLUSIONS OF LAW - Page 7 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 the land was conditioned upon a review of each proposed use and requires a conditional use permit to allow the use; c. The use is designed and is to be constructed to be harmonious in appearance with. the character of the general vicinity; .that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. Sewer and water service is available, but the Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the. conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person; property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and; i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 10. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning Commission that the following conditions of conditional use be required, to wit: and Zoning granting the FINDINGS OF FACT AND CONCLUSIONS OF LF.W - Page 8 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 a . ~'he +~nd;~.~QZ~a1 use, ~~~~ :;~ t4 Oss~r~a, ahad.l n ~ ~ ~.~- i~ Q u -~!: ~~ Wit; ~ t~-i- b. The Applicant shall meet the .requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall .not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the~City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. f. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. g. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance. Flashing signs and temporary signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are to be obtained prior to construction. Upon three days' notice to any tenant, the City of Meridian will remove any unauthorized signage. h. Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations FINDINGS OF FACT AND CONCLUSJONS OF LAW - Page 9 Stephen and Kaye Padoris - CuNDITIONAL USE PERMIT Finalized 10-28-97 with the City's solid waste contractor, Sanitary Services, Inc.; locating dumpsters so as not to impede fire access. i. All driveway and parking areas shall be paved, with all driveway accesses approved by.~.the Ada County Highway District. Graveled driveways, parking and access are unacceptable. 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. All driveway and parking stall dimensions shall comply with Meridian City Ordinance. j. Significant changes from-the site plan approved under this conditional use permit, as determined by the Planning.~and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 12. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Df1T T /PTT T COMMISSIONER BORUP VOTED ~ COMMISSIONER MACCOY VOTED ~/ ~L COMMISSIONER SMITH VOTED GL V~ COMMISSIONER NELSON VOTED ~/ y~~y/~~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED W_lit DECISION AND RECO~NDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED• DISAPPROVED: ~~~y ~ 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: MARCH 10. 1998 APPLICANT: STEPHEN 8~ KAYE PADORIS AGENDA ITEM NUMBER: 5 REQUEST: REQUEST FOR CONDITIONAL USE PERMIT FORA ONE STATION HAIR SALON NW '/. SE '/ SECTION 12 T.3N R 1 W AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: REVIEWED SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEWER SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., Clty Clerk JANICE L SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. TOM KUNTZ, Parks & Rec. Director DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Deparanent (208) 887-2211 ' Legal Department (208) 884-42(x4 ROBERT D. CORRIE Mayor CHARLES M.ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD JIM JOHNSON. Chairman MALCOLM MACCOY KEITH BORUP BYRON SMITH MARK NELSON 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 8< Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 3 1998 TRANSMITTAL DATE: 2/18/98 ~ HEARING DATE: 3/10/98 REQUEST: Conditional lha Pe~rm:* f.,. _ ___ _.._.. _ __ . BY: LOCATION OF PROPERTY OR PROJECT. JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY; C/C WATER DE?ARTMENT gSEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ' NW'/s SE'/4 Section 12 T.3N. R.1W. MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM $ FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES IDAHO TRANSPORTATJON DEPARTMENT YOUR CONCISE REMARKS• /I /Llof~.. ~~.... _ ,~ -- ..- . I I 1F% .. 1^ A 1~T WASTEWATER DEPT. ~~~cE~D FEB 2 6 1998 -~IDIAN& 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Q~R~tfl'~XX 208-463-0183 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 x6aisexxX~xb@id~kx SHOP: Nampa 466-0663 xe~xxx~5~6~Cx RE: Conditional Use Permit for a One Station Hair Salon -Stephen & Kaye Padoris Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, B~ e~ n, As t. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 24 February 1998 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report ` MCU-03-98 503 Pine Avenue Hair salon The applicant is requesting-conditional use approval to operate a one station hair salon. The 0.28-acre site is located on the south side of Pine Avenue, west of Meridian Road. This development is estimated to generate 20 additional (30 total) vehicle trips per day based on the _ Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: 'Pine Avenue ACHD Commission Date -March 11, 1998 - 7:00 p.m. I~ECE~ FEB 2 7 1998 ', ', CITY OF ~RIDIAI~T I'L'~ING & ZONING :.~ i '-mss' j ,- ~eosncao I `' tiny„ ~ ' ~' a $ rucaay s~~ 4 { ~. i i e ~ rwsesnaoos o 2 ~ssavasooew ~ ~' ~~ .zP~o ~ `~~~\ ' ~ ~ : /~ samartoo °~a i - r _ I ae ~ err ~ ~ ~ sssasswmo -3G 3 sooio a~ ~ ~~~ ' -' ~ ~ o•~ ~ ~. yr i ! ° ..~. `~ / wxra.anw ~ ~z g 8 / •. ~. wetes~ sv~~aww !e° ° i ~ ; . ,,.. ! ~~ ' I I ( ~ : ~ +`P . - wr=sswaoo ~c I I $a3 I smoasomoo j ivewsooaeo s°tvasoosw e ~ ' n ° I { ~ Y . ~' Ue~a~oooo» - - ~~ weaasoaaeo sv=wsowlo 1 m ssacasomeo 8 ~ ~ ~ '~ ros:ssuoso •••••.••,'•• IRM.WM)i r ' ! ~ ! a 1 ° ` ~ ~ ... .. I .. ... 30 ~:: _^ ° ° : ,, i I= .. I~.. "• _172.. '"30 ..25.2 >,~, ' c e,,eo ~ ! ~ ^~' 8^^ ^~~~ ~ ~A~ I ~ g~ i ~F~x I e'~~~~ ~ e~~^~ ~ e~'~~ 2 • • •,.,,::c;,;,;Z: I ~ ~ .. ` _ wus.uwr~ i ! ; a ~ e e ~ ,j i A e1T1 T/` wT(" C ~ ~ rr ~ ~!,'~ ~ ~ r i .p~ i.~ '' Iw,yryvv`.' I ~ I w r~rrLC~.-.~:c a 23 W APPLEGATE ST Z ~ I do ~~a~ ! 2 6 raiui:::.ti a,R s°oneooo)ao ~ ! , -'- ; ro.snaoln 'SUED. ~ e !!" I ~ R • , { , •'w _.~y..3 ' !i i -~ ~ ~ I ~~ i y 2 ~ 1 Cr:~l ~r CniTEniurv a i e,'' a ~ roasmo+ao .~ I a r"°°°o°°~\ ~ I ... ~ ~ E ' I $U$D. I . a 3 ! I ,1 ~ _, t ~a gv I ~o i ~° i ~p ~ ~o NO.,p2• ~ p ; { ~_ ~.... ~ ~ ~ ~ -,`'~~ { q1~ I el'1`~ ' e.`1~ e,`'~~ I e,`1~ i e,,1~ I ^~Y i ! y P606600Da6c i i ICOn00002e0 r 1 i la •¢~ aJay •: f~ _'~.. ! _ al~ aI~ ti tQ vi I Y ' ,~ .. ~ . .~ n ~ ~ .i. ~ ~ _ .I.. °.. ...I _ moo., _ I {a _ I ... ° .. ° ° _ _ ~ - c ~ ~ I Y 9 X I y Y I ( 8 ~' P i 6Q . w nrvt r+vc ' ~ -• .. ~ u ~ G ~ ., O I ~ ~ ~~t R,ii ~ ~ ~ ~ ~ o ; ~ - °s i s 3 ! V i c a ^ a ~ - - i _ ~ - 1 _ 3 J .]V 130 _ 0 4y ~nnun cyr= o ~ o ~ o ~ ' -_ I 8 ' ~' - ~ $ ~ X Q p $ 2SSU0 $ '~ F _ a u ~SWEE _ ~ ^ .. ~ - _ - - a - :. r •.. ... '. . . ~ r mval.m+ . _ ~ - ~--~ I nlnazxr.o c1111~1.195 _ Si=t2~1Ct10 ~ _ .~ _ 51111aI611! _1 1 i a acal~scszo i ~ ~ • _ _ _ _ imziz+oeza^ F.. j o i .: a I ~~. 9=~_~ _.. _.~_.~ _.. ~.. n~~ SITE PLAN FOR: KAYE PADORIS PARCEL N0. S1212427877 503 W. PINE AVE. C/L PINE AVE. 0 0 ~ ON STREET PARKING ~ 5' SIDEWALK PROPOSED POWERPOLE 4'X4'SIGN ON 4'X4'XS'POST ~ 3 LAWN INE a ~ 0 a a ~ a APARTMENTS ~ vSF- ~~ K~NG ~ R F f 5~ DES PROPO ED SHOP LILAC 3~SP P . SCALE: W ~, z 1 "= 30' ~`' ~ J FENC W J W ~ ~ p LAWN Z 4- GARAGE ¢ ~ RESIDENTIAL TRASH CANS ~ BRICK FENCE FENCE BLDG. _ IRR.DITCH APARTMENTS APARTMENTS Facts and Findings: A. General Information Owner -Steve and Kaye Padoris Applicant -Same R-15 -Existing zoning _ 0.28 -Acres 1,344 -Square feet of existing building 271 -Traffic Analysis Zone (TAZ)'` West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment'District Pine Avenue Collector street with bike lane designation Traffic count 4,713 on 4/2/97. (east of Linder Road) 78-feet of frontage 60-feet existing right-of--way (30-feet from centerline) No additional right-of-way is required Pine Avenue is improved with 41-foot street section with curb, gutter and sidewalk. B. The site has an existing 1,344-square foot residential home. There is an existing 13-foot wide curb cut driveway abutting the site's western property line. There are several driveways on the north and south side of Pine Avenue within 150-feet of the applicant's driveway. District policy requires 150-feet of separation between driveways on Pine Avenue. This driveway does not meet District policy's required 150-feet of separation for 35MPH. Staff recommends a variance for the driveway location because the site has insufficient frontage to construct a driveway in compliance with District policy. The applicant should be required reconstruct the existing driveway abutting the western property line as a 24 to 30- foot wide curb return driveway with 15-foot radii tapers, because Pine Avenue is classified as a collector road. C. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full required width of 24 to 30-feet wide to at least 30- feet beyond the edge of pavement of Pine Avenue. D. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. MCU0398.COM Page 2 E. The site does not have an on-site turnaround, therefore,` the applicant and customers would have to back vehicles into Pine Avenue. Staff recommends that the applicant provide an on- site turnaround to avoid having vehicles backing onto Pine Avenue. F. As required by District policy, restrictions on the width, number grid locations of driveways, may be placed on future development of this parcel ._ The following requirements are provided as conditions for,> approval: -Site Specific Requirements: 1. Reconstruct the existing driveway abutting the western property line to a 24 to 30-foot wide curb return driveway with 15-foot radii tapers. 'Pave the driveway its full required width of 24 to 30-feet wide to at least 30-feet beyond the edge of pavement of Pine Avenue. 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 3. Provide a paved on-site turnaround to avoid vehicles from backing onto Pine Avenue. Coordinate turnaround design with District staff. 4. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD .Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a reauirement would re ult in a ubstantial hardship or inequity The written reauest shall be submitted to the Di trict no later than 9 00 a m on the day scheduled for ACHD Commis ion action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. MCU0398.COM Page 3 2. After ACHD Commission action, any request for reconsideration_of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The reaue t for reconsideration shall specifically identify each requirement t~ be reconsidered and include written documentation of data that was not available to the Commission at the time of it original deci ion. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission.. agrees to reconsider the action, the applicant _ will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. - 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MCU0398.COM Page 4 Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please: contact the Planning and Development _ Division at 387-6170. Submitted by: Date of Commission Action: Planning and Development Staff MCU0398.COM Pale 5 ~.~..-.- CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ~R'HEALTH R~~ t°: DEPARTMENT ^ Boise ~ ^ Eagle Rezone # ^ Garden City Conditional Use # ,~N~ -~~~~~77JN ~1~?iz ..,~+ ~~Ni ®Meridian , ^ Kuna Preliminary /Final /Short Plat / ~ ~ .,~,~~ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ offer ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage _r . ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. '~ ^ 12. ', . ^ 13. ^ 14. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store Date: ~ / ~~ /~_ ~"_ .? Reviewed By: ~G3~r %; rnxo ions ~, rn. tm REVIeW Sheet Memo Ta File Fnonx Brad Hawkins-Clark ~ ~„_~ CC: Dace: 08!13/98 Ree Kaye Padoris Hair Salon -503 W. Pine On 08/13/98, I inspected this site. Kaye had a Certificate ~ Occupancy with a handwritten statement from Shari Stiles that allowed 30 days to complete the paving of a tum-around in the driveway. The paving was completed so I gave a find sign-off on the CO (handwritten). • Page 1 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR A ONE STATION-HAIR SALON BY STEPHEN AND KAYE PADORIS 503 PINE AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on March 10,1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Stephen Padoris, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on March 10, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 10, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian at 503 Pine Avenue. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 Stephen and Kaye Padaris - CONDITIONAL USE PERMIT Finalized 10-28-97 the property. 3. Pursuant to the application, the property is presently zoned as R-15, Medium High Density Residential .District. The proposed use of the property is to operate a one station hair salon. Applicant presented a site plan depicting the location of the proposed ,use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Stephen Padoris, representative for the Applicant, testified substantially as follows at the public hearing. Mr. Padoris and his wife would like to open a one station hair salon in their home. Mr. Padoris inquired about the next step in the procedure. Commissioner Johnson noted that the next step is to answer questions from the Planning and Zoning Commission. 5. Commissioner Maccoy inquired about the use of handicap parking. Mr. Padoris noted that for the most part the shop would cater to friends and family. He had no immediate plans to provide for handicap access. He did note that if they needed to put in a ramp they could do that. Commissioner Maccoy noted that they must abide by the American Disability Act. Commissioner Maccoy inquired about the parking and access to the proposed business. Mr. Padoris noted they have enough space for three cars side by side in the driveway. He also noted that ACHD would require a turn around access of some kind that would provide for- one more additional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 space. 6. Commissioner Maccoy noted that he took exception to the proposed 4x4 sign on a five foot post. He noted that if he were a neighbor he would not appreciate a sign that size sitting in an adjacent yard. Mr. Padoris noted that he stuck that in there solely for the purpose of comment. He understands that Meridian has a sign ordinance and they have a preference for monument signs, he just wanted some feedback in that regard. Commissioner Maccoy noted that Mr. Padoris should spend some time on his sign proposal, because the present sign is unacceptable. Commissioner Borup inquired about the ACHD requirements, specifically, the requirement concerning the 24x30 foot wide new driveway. Mr. Padoris noted that was an ACRD requirement and they have reconsidered the requirement and are now talking about a turn around driveway. Commissioner Borup noted that he felt a 24 foot new curb cut driveway was excessive for the proposed use. He noted that a turn around of some type should handle the safety concerns for ACHD. Commissioner Borup requested confirmation from Mr. Padoris that, ACHD has reconsidered their curb cut driveway requirement. Mr. Padoris noted that ACHD has reconsidered their requirement. 7. Commissioner Johnson inquired about the hours of operation. Mr. Padoris noted that the hours of operation would be 9:00 a.m, to 6:00 p.m. Commissioner Johnson inquired about the covenants in the neighborhood and whether they restrict the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 proposed business in any way. Mr. Padoris stated "That's a good question, I'm not sure". Commissioner Johnson wanted to know if the idea has been run by the neighbors. Mr. Padoris noted that he did and there seems to be no objection to the idea. He also noted that a neighbor would be sending a letter to the City of Meridian in support of the plan. 8. Commissioner Smith noted that he has concerns for the neighborhood setting and the issue of the turn around area. He wants to make sure that the turn around area is not a detriment to the neighborhood, but at the same time avoid it being over excessive. Commissioner Smith noted that the applicant would need to provide reasonable accommodations for handicapped access. Commissioner Smith noted that he agrees with Commissioner Maccoy that the sign is too big for the proposed business. Commissioner Smith noted that he would like to see more information submitted on the issue of the sign. 9. Commissioner Nelson noted that his wife uses such a hair salon and that the covenants in that neighborhood are specific as to the type of sign and whether an in house business is permitted. He noted that the type of sign that business has is the type attached to the house. 10. Commissioner Maccoy inquired about the lighting of the premises. Mr. Padoris noted that he has "some normal lights on the side of the house, you know, we can flip on." Commissioner Maccoy noted that he did not think the sign out front should be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 illuminated. 11. Bruce Freckleton, Assistant to the City Engineer, submitted a comment that the sanitary sewer and water to this facility would be via. existing service lines. That the site is currently assessed with 1 water hookup and- 1 sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. That the applicant will be required to enter into an assessment agreement with the City of Meridian. He requested that the applicant provide any information in regards to the anticipated water demand. 12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as if set forth in full. 13. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental-statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (R-15) Medium High Density Residential. District. The R-15, Medium High Density Residential District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (R-15) Medium Hi h Density Residential District - The purpose of the (R 15) District is to permit the establishment of medium-high density single family attached and multi-family dwellings at a density not to exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single family dwellings, townhouses, apartment buildings and condominiums. 5. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 6. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set FINDINGS OF FACT' AND CONCLUSIONS OF LAW - Page 6 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 time period for which a conditional use may be in existence. 7. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 8. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan. of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 9. Section 11-2-418 C of the Zoning and .Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use. and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the prior annexation of FINDING OF FACT AND CONCLUSIONS OF LAW - Page 7 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 the land was conditioned upon a review of each proposed use and requires a conditional use permit to allow the use; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future. neighboring uses if the conditions are met; e. Sewer and water service is available, but the Applicant may have to pay .additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the ,community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and; i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 10. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: FINDINGS OF FACT AND CONC,USIONS OF LAW - Page 8 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 1 a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian. Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall .not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. f. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. g. All signs must meet the requirements of the Uniform ~~~~ Sign Code and the Meridian City Ordinance. ~~ ~ ir , Flashing signs and temporary signs will not be ~ f ~ permitted. All signs are subject to review and ~t~y~ approval of the Planning and Zoning Department. ~~, ~jU Sign permits are to be obtained prior to construction. Upon three days' notice to any tenant, the City of Meridian will remove any unauthorized signage. h. Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations FINDINGS OF FACT ANL CONCLUSIONS OF LAW - Page 9 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10 -28-97 with the City's solid waste contractor, Sanitary Services, Inc.; locating dumpsters so as not to impede fire access. i. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. 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. All driveway and parking stall dimensions shall comply with Meridian City Ordinance. j. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 12. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 with the City's solid waste contractor, Sanitary Services, Inc.; locating dumpsters so as not to impede fire access. i. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. 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. All driveway and parking stall dimensions shall comply with Meridian City Ordinance. j. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 12. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER MACCOY VOTED COMMISSIONER SMITH VOTED COMMISSIONER NELSON VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RELATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 Stephen and Kaye Padoris - CONDITIONAL USE PERMIT Finalized 10-28-97 ITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT t J' ~ ~PHONE:~ ", ADDRESS: ,~D ~ GENERAL LOCATION: ~~l/ %4 S~ / ~ / ~~ ~"3~: ~/~~ DESCRIPTION OF PROPOSED CONDITIONAL USE: i~t'i.~ ~~~.~ ZONING CLASSIFICATION: ~~ I certify that the information contained herein is true and correct. v. Si e of Applicant / Social Security Number ~~ b y~y LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on ~~~1 at _.m T'he purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by ~~ ~n~/S for the property generally descnbed as located at ~P 5~~ l~iti~ /~d r° '~'~f-~ ~/~ry -~ SUBDIVISION, BLOCK ,LOT TO CONTENTS OF CONDITIONAL USE APPLICATION (Incomplete applications cannot be processed) An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional. use is proposed. At a minimum, the application shall contain the following information: 1. Name, address and phone number of applicant; ,q-~~Icf/~~ 2. Name, address and phone number of owner of subject property; 5 ~ ;~ 3. Legal description of property; ~~~/~ ~~i~~ ~~ %% 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner; ~~«~ 5. Description of existing use; ;~;~„g~gry j;.~lL_ 6. Present use of subject property; ,~~~~,q,~. 7. Proposed use of the subject property; ;c~:s:.~-~~- ~~q,~ ~;,~ .T~,~ ~~~~. ~~~~? 3AG~~' 8. The Distract (present zoning) that pertains to the subject property; ,2 -~/5`~ 9i Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1 "=300; 10. A plan (with a scale of not less than 1 "=50') of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). Also include one 8 %i " x 11" copy of site plan, elevations and list of construction materials for all buildings. 11. A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. 12. Characteristics of subject property which make a conditional use desirable• l,~ri ..~.~~~~~~ -~%~~ ~~.-~~-r~ .~3~~ ~.s- s-~-.~-~~~/~a~:r~ r.3i ~~s~.s ~~.r~-.~-l~,S 3' ,-nom C.t/~!~Gyfi', i 13. A fee established by the Council; $275.00 + $1.67 each for certified mailings for each property owner listed within the 300 feet =Total Fee 14. A statement that the applicant or user of the properly agrees to pay any additional sewer, water or trash fees or charges, if and, associated with the use whether that use be residential, commercial or ll1dUStTlal. .'`' '`9~.~?~ -'~ rte.-f'Y ..A.~% /~{/G_°.~"G.vJCrL' iiY' .$,~~:i~JL. s?/./lTe''!Z o,~ . ~~id1 i'-'~`c=J- .sI.S.SoG::~i ~.T.J ~.rJis~ Tii/jJ" G!S'~ . ~,~~'~s ~~/,~~0 15. The application shall be ~-enfied by the applicant who shall state that he has read the corn ~•nts thereof and veri les that the information contained therein is true a~ correct. 16. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this wdl be done as part o~F,tl;e application. ''~~ s ~ `~`~~ !/_ .`7 ', RETURN TO: CHASE MANHATTAN MORTGAGE CORPORATION 1500 NORTH 19TH STREET MONROE, LA 71201 J State of Idaho (Space Above This Line For Recording Datal DEED OF TRUST FHA Case No. 121-1474727 703 LOAN NO. 002-398796 THIS DEED OF TRUST ("Security Instrument") is made on FEBRUARY 13 , 1995 ,The Grantor is STEPHEN R. PADORIS AND KAYE PADORIS, HUSBAND AND WIFE ("Borrower"). The trustee is AMERICAN LAND TITLE COMPANY, INC. ("Trustee"). The beneficiary is CHASE MANHATTAN MORTGAGE CORPORATION, A DELAWARE CORPORATION which is organized and existing under the laws of THE STATE OF DELAWARE ,and whose address is 4915 INDEPENDENCE PARKWAY, TAMPA, FLORIDA 33634-7540 ("Lender"). Borrower owes Lender the principal sum of SEVENTY FOUR THOUSAND SEVEN HUNDRED FORTY FOUR AND 00/100 Dollars (U.S. $ 74, 744.00 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH O1, 2025 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of $orrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in gyp' County, Idaho: ENTIRE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 503 WEST PINE AVENUE, MERIDIAN (Strccc, Ciryl, Idaho 83642 [zip Code] ("Property Address"); FIIA Idaho Deed of Trust - 2/91 Page 1 of 6 -4R(ID~ (91031 VMP MORTGAGE FORMS - (3131293-8100 - (8 0015 2 1-7 29 1 ,f~~~%7~~ IU~ ~i~~AQ~~~AI~I~Iq~~I~A~9Gi~ul~q~ 512IDBA8002398796 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property'against all claims and demands, subject to any encumbrances of record. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, an installment of any (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required by paragraph 4. Each monthly installment for items (a), (b), and (c) shall equal one-twelfth of the annual amounts, as reasonably estimated by Lender, plus an amount sufficient to maintain an additional balance of not more than one-sixth of the estimated amounts. The full annual amount for each item shall be accumulated by Lender within a period ending one month before an item would become delinquent. Lender shall hold the amounts collected in trust to pay items (a), (b), and (c) before they become delinquent. If at any time the total of the payments held by Lender for items (a), (b), and (c), together with the future monthly payments for such items payable to Lender prior to the due dates of such items, exceeds by more than one-sixth the estimated amount of payments required to pay such items when due, and if payments on the Note are current, then Lender shall either refund the excess over one-sixth of the estimated payments or credit the excess over one-sixth of the estimated payments to subsequent payments by Borrower, at the option of Borrower. If the total of the payments made by Borrower for item (a), (b), or (c) is insufficient to pay the item when due, then Borrower shall pay to Lender any amount necessary to make up the deficiency on or before the date the item becomes due. As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. In any year in which the Lender must pay a mortgage insurance premium to the Secretary, each monthly payment shall also include either: (i) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary. Each monthly installment of the mortgage insurance premium shall be in an amount sufficient to accumulate the full annual mortgage insurance premium with Lender one month prior to the date the full annual mortgage insurance premium is due to the Secretary, or if this Security Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one-twelfth of one-half percent of the outstanding principal balance due on the Note. If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account shall be credited with the balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; Fifth, to late charges due under tl~e Note. -4R(ID) (9103) - Page 2 of 6 s 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, .and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in pazagraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which aze referred to in pazagraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lenders of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all govenunental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. Condemnation. The proceeds of any awazd or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the exiYnt of the full amount of the indebtedness that remains unpaid under t','e Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone [he due date of the monthly payments, which are ~® 4R(ID) (91031 Page 3 of 6 refereed to in pazagraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent) by the Borrower, and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of IitJD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights in the case of payment defaults to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option and notwithstanding anything in paragraph 9, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings aze instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they aze obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. -4R(ID) X9103) Pape 4 of 6 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbeaz or make any accommodations with regazd to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this pazagraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declazed to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. 16. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 16. Lender shall no[ be required to enter upon, take control of or m:~intain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by applicable law to Borrower and to other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. -4R(ID) (9103) Page 5 0l 6 002-396796 Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 18. Reconveyance. Upon payment of all sums secured by this Security Instrument; Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 19. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 20. Area and Location of Property. Either the Property is not more than twenty acres in area or the Property is located within an incorporated city or village. 21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this J Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants _ and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable bon(es)] ^ Condominium Rider ^ Graduated Payment Rider ^ Other [Specify] ^ Planned Unit Development Rider ^ Growing Equity Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: . (Seal) -Borrower _ (Seal) -Borrower STATE OF IDAHO, County ss: On this day of ,before me, a Notary Public in and for said county and state, personally appeared known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. Notary Public tssiding at: ~~~~~~~~ (Seal) STEPHEN R. PADORIS -Borrower (Seal) E P ORIS -Borrower -4R(ID) (91031 Page 6 of 6 m EXHIBIT A The land referred to in this Commitment Is described as follows: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 12,.TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND RUNNING • NORTH 89 DEGREES 46'23" EAST, A DISTANCE OF 978.00 FEET ALONG THE NORTHERLY BOUNDARY OF THE SOUTHEAST QUARTER OF SAID SECTION 12 TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF HERBY SUBDIVISION, AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE ON THE OFFICE OF THE ADA COUNTY RECORDER IN BOOK 24 OF PLATS AT PAGE 1500, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SO11.TH 0 DEGREE 00'00" WEST, A DISTANCE OF 180.OC FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, BLOCK 1, HERBY SUBDIVISION, TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH 89 DEGREES 46'23" EAST 78.00 FEET ALONG THE NORTHERLY BOUNDARY OF LOT 3, BLOCK 1 OF SAID HERBY SUBDIVISION, TO THE NORTHEAST CORNER OF SAID LOT LINE, SAID LINE ALSO BEING 180.00 FEET SOUTHERLY FROM AND PARALLEL TO THE SAID NORTHERLY BOUNDARY OF THE SOUTHEAST QUARTER, SECTION 12; , THENCE NORTH 0 DEGREE 00'00" EAST, A DISTANCE OF 5.82 FEET ALONG THE WESTERLY BOUNDARY OF LOT 4, BLOCf~ 1 SAID HERBY SUBDIVISION, TO THE NORTHWEST CORNER OF SAID LOT; THENCE CONTINUING NORTH 0 DEGREE 00'00"•EAST 174.18 FEET ALONG A LINE PARALLEL TO AND 78.00 FEET EASTERLY FROM THE SAID EASTERLY BOUNDARY OF LOT 1, BLOCK 1, HERBY S~JBDIVISION, TO A POINT ON THE SAID NORTHERLY BOUNDARY OF THE SOUTHEAST QUARTER, SECTION 12; THENCE SOUTH 89 DEGREES 46'23" WEST, A DISTANCE OF 78.00 FEET ALONG SAID NORTHERLY BOUNDARY OF THE SOUTHEAST QUARTER, SECTION 12, TO THE POINT OF BEGINNING: EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET OF THE ABOVE DESCRIBED PARCEL FOR RIGHT OF WAY OF WEST PINE AVENUE. • END OF LEGAL DESCRIPTION INITIAL IT:r7 ,~1 \ ~ ~ t ". <! . ~(-~ . ~j~f~r _ o- -- `-• • ~ • ~~ls '~~ . =+- L~0 ~...~' 7Z0~ ~-•-•dZ5 • .....9t4 -f• i0S6- ~~ i~r3 '.: o '• ~o~.f~ • G6 ~~ 19 ~ 99 ~ 7~ 7S X75) ~ STS . :, o ...6 0 0 : ~:.:~: . ,8 0 ,9 0 0 ~o~ • 2. ~d:. 5~ ., as, ~. ~ ~ l~ ~ ~ 44. l3 44~' .. 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