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Cherry Villa Sub. RZ• NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of .the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on April 3, 1990, for the purpose of considering and taking action on the Application of Wayne and Mary Williamson for a conditional use permit for a Planned Unit Development-Residential to develop a portion of the Northeast Quarter of the Northeast puarter of Section 12, T. 3N., R. 1W., Boise Meridian, Ada County, Idaho, generally known as the 1400 Block of West 4th Street, Meridian, Idaho, with single family dwellings. Public comment is welcome and will be heard and considered. DATED this~~l day of March, 1990. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys end Couneeloro P.O. Box 127 Merldlen, Idaho 83812 Telephone 8881181 ~_~. ~?, c ~Z~~~~ Cyr ~.~ FEBRUARY 9, 1990 MERIDIAN CITY HALL attention: JACK NEIMANN MERIDIAN, IDAHO 83642 L U~ f Via. ~~i ~~~ i We request a change of our application for a PUD for 5 triplexs and a single dwelling to PUD for 6 single dwelling houses on our property in the 1400 block on West 4th, Meridian, if this can be accomplished without requalifying with resdents within 300 feet of said property. We are witdrawing our request for a rezone to R-15. 323-0062 PARK POINTE REALTY, 939-0919 home Sincerily, ~ J ~' ~ Wayne williamson & Mary Williamson ~ ... _.. . -- ~ ~ r f M J J M 2 } . z M ~J-1 3 W Y 3 m .~ x N a a m a .~ .a s m a m ~. -~rl V m ~ ~ i m •.+ c v •.~ i ++ a m x m m ~ E ~ m •,~ c 3 ~ m U N m a ~ ~ ~ o •~ ~ a n c .i ,°~ .-~ m •.~ : c 3 •~ M m ~ W ~ ~ 2 ~ ' .. k a ~~n ~r h~ ~ oL i ~ x x ~ ~ ? W ~ x ,J q- • ~- n- e ° v c~ v, ~ 5 ~ - ~ ~^ E~ -- '2 ~ Z Q' Y Q.' a 2 • . _~ /. o h O ~w ``0_ 1.1 O I ~ I ~ { ~~; f _.. i I ~ ~ O Q `! 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ARCEL 42. i ./ PARCEL 69 PARCEL 74 Cecil A. Cherry & Sons 7585 W. Utsick Rd. Meridian, Idaho 83642 Paul & Alice Pack 1684 Havenwood Drive Oceanside, Calif. 92054 2 Legals; 1313 W. 4th & 1323 W. 4th Meridian JOINT CLASS A SCHOOL DISTRICT # 2 ADA/CANYON COOTIES 911 Meridian Street Meridian, Idaho 83642 Wayne & Mary Williamson 337 Eagle Glen Eagle, Idaho 83616 Larry K. & Jeanne Meek 1432 W. 4th Meridian, Idaho 83642 Ricky L. Smith 1325 W. 2nd St. ~~ Meridian, Idaho 836a-fr Steven D. & Donna F. Heinrick 214 Camellia Meridian, Idaho 83642 ~,~alvin K. & Barbara A. Henderson 222 Camellis Mer' ian, Idaho 83642 Virginia A. Meyer 230 Camellia Mer' an. Idaho 83642 Donald W. & Sharon M. Todd 236 Camellia Meridian, Idaho 83642 Rita M. Phillips 306 Camellia Meridian, Idaho 83642 Lot 1, Block3, Fram Plerid~in Sub. Lot 2, Block 3, Fran Meridian Sub. Lot 3, Block 3, Fran Meridian Sub. Lot 4, Block 3, Fran Meridian Sub. Lot 5, Block 3, Fran Meridian Sub. Lot 6, Block 3, Fran Meridian Sub. S t Donn & Linda S. Farmer 314 Camellia Meridian, Idaho 83642 Arthur L. & Sherri McFadden 316 Camellia Meridian, Idaho 83642 mes & Charlotte Marston 1318 W. 4th Meridian, Idaho 83642 ~as Wayne Martin / 1915 5th South Nampa, Idaho 83651 lestine Adina Gutmiller 1326 W. 2nd M ridian, Idaho 83642 Michael R. Hendrickson 1320 W. 2nd M .ridian, Idaho 83642 Robert S. Lehman 1606 W. 2nd Merijan, Idaho 83642 rris F. Shelby 1536 W. 2nd Meridian, Idaho 83642 p,L~aDera M. Blcke Greenland 1526 W. 2nd M ~idian Idaho 83642 Everett 0. & Luella J. Parker 1516 W. 2nd Meridian, Idaho 83642 ~rry M. & Kathleen Paul 1506 W. 2nd Meridian, Idaho 83642 ~Phil'ip Paul & Denice M. Desilet d ~ Y1502 W. 2nd Meridian, Idaho 83642 ~nae P. Sanders 1434 W. 2nd Meridian, Idaho 83642 Lot 7, Block 3, Fran Meridian Sub. LOT 8, Block 3, Fran 'Meridian Sub. Lot 11, Block 3, Fran Meridian Sub. Property address: 1326 W. 4th Meridian Lot 12, Block 3, Fran Meridian Sub, Lot 1, Block 4, Fran Meridian Sub. Lot 2, Block 4, Fran Meridian Sub. Lot 11, Block 2, Meridian Wilson Sub. Lot 14, Blook 2, Meridian Wilson Sub. Lot 15, Block 2, Meridian Wilson Sub, Lot 18, Block 2, Meridian Wilson Sub. Lot 19, Block 2, Meridian Wilson Sub, Lot 1, Block 1, Western Sub. Lot 2, Block 1, Western Sub. ~ r ~~ Ric D. & Rita J. „~-~+ 26, W ...and a "~ Meridian, Idaho 83642 Lot 3, Block 1, Western Sub. ~I'naki Lete & Elias & Rose Lete property address; 1418 W. 2nd Meridian 1805 E. Dewey Ave. Nampa, Idaho 83651 Lot 4, Block 1, Western Sub. ~r~ ~chail C. & Connie L. Lock ~ 1410 W. 2nd Meridian, Idaho 83642 ~Mar~ J Young n~a ~~)~~ ~O~~a-- ,~~,/~1404 W. 2nd Meridian, Idaho 83642 ~rald N. Phillips `r 544 W. Cherry Lane Meridian, Idaho 83642 chard E. & Donna J. Newberry 1337 W. 2nd Meridian, Idaho 83642 Michael J. Smith 217 W. Maple Meridian, Idaho 83642 rry Larson 225 Maple Meridian, Idaho 83642 onald M. & Linda K. Dickson 233 Maple Meridian, Idaho 83642 /~hilip E. & B. Joan Peterson < 5160 View Dr. Meridian, Idaho 83642 mike D. & Shannon K. Gentry `~ 307 Maple Meridian, Idaho 83642 everly Ann Patterson & Mildred Pat Wynn 315, W. Maple M idian, Idaho 83642 George L. & Jacalyn K. Thomason 605 W. 2nd Meridian, Idaho 83642 Lot 5, Block 1, Western Sub. Lot 6, Block 1, Western Sub. property address: 1336 W. 2nd, Meridian Lot 7, Block 1, Western Sub. Lot 1, Block 2, Western Sub. Lot 2, Block 2, Western Sub. Lot 3, Block 2, Western Sub. Lot 4, Block 2, Western Sub. Lot 5, Block 2, Western Sub. Lot 6, Block 2, Western Sub. Lot 7, Block 2, Western Sub. property address: 323 Maple, Meridian Lot 8, Block 2, Western Sub. 3. Steven B. Mortensen ~~338 W. 4th '~ Meridian, Idaho 83642 Lot 9, Block 2, Western Sub. Kenneth D. & Glenda D. Koch 1501 W. 2nd St. Meridian, Idaho 83642 Lot 1, Blcok 3, Western Sub. ayne & Mary Williamson ro ert address: 1425 & 1433 W. 2nd 337 Eagle Glen p p y Eagle, Idaho 83616 Lot 2 & 3, Block 3, Western Sub. anti D. & Mary M. Collins 208 W. Maple Ave. Meridian, Idaho 83642 ~ Lot 4, Block 3, Western red A. & LaRhetta Becker 218 W. Maple Ave. Meridian, Idaho 83642 Lot 5, Block 3, Western Sub. L~~ ~°-`'`'v`~ 230 W. Maple Meridian, Idaho 83642 Lot 6, Blook 3, Western Sub, /Jack A. & Pamela G. Murphy `' 240 Maple M~idian, Idaho 83642 Lot 7, Block 3, Western Sub. Scott & Karen Gillespie 306 Maple Meridian, Idaho 83642 Lot 8, Block 3, Western Sub. ~~d Hart 316 W. Maple Meridian, Idaho 83642 Lot 9, Block 3, Western Sub, .Lloyd Daniel Oliver 324 W. Maple Meridian, Idaho 83642 Lot 10, Block 3, Western Sub. ~ee R. & Fae Stucker ro ert addr ess Meridian : 334 Ma le 2530 N. Locust Grove p p y p , M ridian, Idaho 83642 Lot 11, Block 3, Western Sub. L.D.S. CHURCH W. 2nd & Cherry Lane Meridian, Idaho 83642 Parcel #350 N E4 NE4 EXCR/N SEC 12 3N 1W 4. • DECEMBER 11, 1989 MERIDIAN PLANNING & ZONING COMMITTEE SUBJECT PROPERTY PARCEL #69 OWNERS: WAYNE WILLIAMSON & MARY WILLIAMSON 337 Eagle Glen Eagle, Idaho 83616 r Attached are names and addressees of property surrouding Parcel #69, within 300 feet, as per tax records. f NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the 1 aws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on January 9, 1990, for the purpose of considering and taking action on the Application of Wayne and Mary Williamson to 1) rezone a portion of the Northeast Quarter of the Northeast Quarter of Section 12, T. 3N., R. 1W., Boise Meridian, Ada County, Idaho, generally known as the 1400 Block of West 4th Street, Meridian, Idaho, from R-4 Residential to R-15 Residential; and 2) to be granted a conditional use permit for a Planned Unit Development- Residential to develop the property with tri-plexes, a single family dwelling, a club house, maintenance shop, and recreational club house and meeting facility on the parcel. Public comment LLis welcome and will be heard and considered. DATED this~~T.~ day of December, 1989. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Msrl0lan, Idaho 113642 TeleOhone l1BBi481 ~ r OFFICIALS JACK NIEMANN, CltyClerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Flre Chief BILL GOROON, Police Chief GARY SMRN, Clty Engineer May 7, 1990 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor Mr. Wayne Williamson 337 Eagle Glenn Eagle, Idaho 83616 Dar Wayne, Attached is a breakdown of the attorney fees you were cY~arged on your application for a Conditional Use Permit as per your request. If you have any questions, please advise. ty C1~Jc & City;bf Meridian, ID. 83642 COUNCILMEN RONALD R. TOLSMA J. f. BERT MYERS ROBERT GIESLER MAX YERRINGTON Chairman 2onlnp b Planning JIM JOHNSON AttacYmient r AMBROSE, FITZGERALD 6t CROOKSTON ATTORNEYS AND COUNSELORS 1530 WEST STATE - P. O. BOX 427 MERIDIAN, IDAHO 83642 GRANT L. AMBROSE (I9i5.1968) JOHN O. FITZGERALD, P. A. THIS FIRM INCLUDES WAYNE O. CROOKSTON, JR., P. A. PROFESSIONAL coaroannonls WILLIAM ]. SCHWARTZ April 30, 1990 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: ITEMIZATION OF WILLIAMSON CONDITIONAL USE PERMIT: TELEPHONE 8884461 AREA CODE 208 12-15-89 Discussion with Jack re: Williamson conditional use and zone change .35 12-18-89 Do Planning and Zoning Notice for rezone and PUD conditional use .50 12-20-89 Rezone and PUD conditional use and review Application .25 1-12-90 Discussion with Jack .10 1-16-90 Discussion with Jack .10 2-7-90 Discussion with Jack re: status .15 2-15-90 Determine if another hearing and notice is necessary before Planning and Zoning (No) .50 2-16-90 Work on Findings of Fact 1.75 2-19-90 Continued work on Findings of Fact 2.00 2-21-90 Start final of the Findings of Fact .75 2-23-90 Final Findings of Fact and Conclusions of Law and take to City Hall 1.25 3-2-90 City Council Notice of Hearing 40 $:~~ TOTAL HOURS 8.20 • 8.10 x $80.00 = $648.00 TOTAL AMOUNT EXPENDED $648.00 AMBROSE, FITZGERALD 6t CROOKSTON ATTORNEYS AND COUNSELORS 1530 WEST STATE - P. O. BOX 427 MERIDIAN, IDAHO 83642 GRANT L. AMBROSE (1915-1968) JOHN O. FITZGERALD, P. A. WAYNE G. CROOKSTON. JR.. P. A. WILLIAM J. SCHWARTZ THIS FlRM INCLUDES PROFESSIONAL CORPORATIONS APRIL 30, 1990 Jack Niemann, City Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: WILLIAMSON CONDITIONAL USE ITEMIZATION OF BILLING Dear Jack: TELEPHONE 888-4461 AREA CODE 208 Please find enclosed the itemization of the billing in regards to the conditional use permit on Mr. Williamson. WGC/mks enc. Very truly yours, (/V ~ ~ WAYN G. CROOKSTON, JR. MERIDIAN CITY OOUNCIL APRIL 3, 1990 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ran Tolsma, Bert Myers, Bob Giesler, Max Yerrington: Others Present: Dave Collins, Wayne Williamson, Gary Lee, Ricard Boesiger, Jack Smith, Gary Smith, Bill Gordon, Wayne Crookston, Sam Fishel, Dale Bates, K Beumeler, Moe Alidjani, M~nbers of Scout Troop #1, The Notion was made by Giesler and seconded by Tolsma to approve the Minutes of the previous meeting held March 20, 1990 as written: Notion Carried: All Yea: Mayor Kingsford welcxmed Scout Troop #1 for their attendance at the City Council Meeting: Item #1: Public Hearing: Request for Conditional Use Permit by Bates & Fishel: Mayor Kingsford, at this time I will open the Public Hearing, is there anyone in the audience who wishes to testify on this issue, there was no response, the Public Hearing was closed. For the Public if you are not aware the Conditional Use Permit is for a Used Car Lot at 225 Franklin Road, that small rock building will be used as the office for this lot. Giesler: I have a question, in the Engineers ccntnP.nts there is stated that there might be the possibility of an additional assessment for water and that should be watched for additional useage, in the findings it states there would be no detailing on that pre<nisies, I guess I have a question for Mr. Fishel on how he would plan on keeping the cars clean. Fishel: What I plan on doing is detailing the car before it is put on the lot and if they need washed take them to the car wash Mayor Kingsford explained to Mr. Fishel what the additional hookup fee was. Mr. Fishel agreed to pay the additional fee if it became necessary: The Notion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Commission: Notion Carried; Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, YEA: The Motion was made by Giesler and seconded by Myers to approve of the Conditional Use Permit as requested in the application for Bates & Fishel for a Used Car Lot at 225 West Franklin Road. Motion Carried: All Yea: Item #2: Public Hearing: Request for Conditional Use Permit by Wayne & Mary Williamson: Mayor Kingsford;I will now open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? ~ w MERIDIAN CITY oanaclL • i APRIL 3, 1990 PAGE # 2 Wayne Williamson, 337 Eagle Glenn, Eagle, Id. Williamson was sworn by the City Attorney: Williamson: We purchased this property back in 1977, supposedly it was zoned for three six plexes, we recently went throughgetting the necessary signatures for an application for a PUD for 5 triplexes & one single family dwelling, at the Planning & Zoning Hearing we had several people who objected to this use, so we withdrew that request and we would like to now have a PUD for six single family dwellings. The lots are over 6000 square feet and the narrowest is 50 feet. I think you might have a diagram of what is planned. We would meet all the requix~ents of the City and other agencies. Giesler: Mr. Williamson, the main oa~laint of the neighbors before was because of the triplexes? Williamson: Yes, they were talking about a lot of added traffic and they thought it could devalue their property. Mayor Kingsford: Anyone else from the public who wishes to offer testimony? There was no response. The public Hearing was closed. The Motion was made by Giesler and seconded by 'Iblsma to approve the Findings of Fact and Conclusions of Law as prepared for the Plann;ng & Zoning Commission:. Notion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: The Notion was made by Giesler and seconded by Yerrington to approve .the Conditional Use Permit for a PUD for six single family units for Wayne & NIaYy Williamson with the conditions set forth in the Findings of Fact & Conclusions of Law: Notion Carried: All Yea: Item #3: -Final Plat on__Chateau_Mead_o_ws East #2: Mayor Kingsford: Any Questions of the Council, does the City Engineer have any additonal c:oinnents? City Engineer: I visited with the developers engineer today and he concurred with my camtients . The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat on Chateau Meadows # 2: Notion Carried: All Yea: Item #4: Findings of Fact On Variance Request by Boesiger, Inc. for the Vineyards Subdivision: Mayor Kingsford: Council Nletnbers you have those Findings, are there any questions you would like to ask? The Notion was made by Yerrington and seconded by Myers that the City Council of the City of Meridian does hereby adopt and approve the Findings of Fact and Conclusions as prepared o~n the Variance Request by Max Boesiger, Inc. Notion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: • i SPECIAL MEETING P & Z FEBRUARY 27, 1990 PAGE $7 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 and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. Motion Carried: All Yea: ITEM ~6: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST BY WAYNE S MARY WILLIAMSON FOR CONDITIONAL USE PERMIT FOR A PUD RESIDENTIAL SINGLE FAMILY DEVELOPMENT: .., Johnson: Reviewed the change in application for Wayen & Mary Williamson. The Motion was made that the Meridian Planning & Zoning Commission hereby adopts and approved these Findings of Fact and Conclusions, by Hepper and seconded by Alidjani. Ro11 Ca11 Vote: Hepper - Yea; Alidjani - Yea; Rountree - Yea; Shearer - Yea; Motion Carried: All Yea: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of .the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions contained herein, specifically 11-9-607 of the Revised and Compiled Ordinances of the City of Meridian, and subject to approval of the final development plan and desigr review and subject to approval of the home owners association documents and of the restrictive covenants. Motion Carried: All Yea: Being no further business to come before the Commis:-.ion the Motion was made by Shearer and seconded by Rountree to adjourn at 8:15 P.M.: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: JA CITY CLERK i ~ MERIDIAN PLANNING & ZONING ~~ ~~ 1990 The Regular Meeting of the Meridian P & Z COMM. was called to order by Chairman Jim Johnson- at 7:30 P.M.: Members Present: Moe Alidjani, Charles Rountree,, Jim Shearer,,, Tim Hepper: Others Present: Dale Bates,, Max Boesiger,, Darrell Calhoun,, Gary Lee,, Louise Bird,; Penny McCathron,, Wayne Crookston, Dale Bates,, Sam Fishel,, Tami 5hoetnaker, Elmer Martin: ' The Motion was made by Alidjani and seconded by Rountree to apprnve of the Minutes of the previous Meeting held January 9, 1990 as written: Motion Carried: All Yea: ITEM ~1: CONDITIONAL USE PERMIT FOR PUD BY WAYNE & MARY WILLIAM90N: Chairman Johnson: Read a letter received from Mary & Wayne Williamson requesting a change in their application. (Tape on File) The Motion was made by Shearer and seconded by Alidjani to reflect the change in the application in the Findings of Fact. Motion Carried: All Yea: OTEM #2: FINDINGS OF FACT & CONCLUSIONS OF LAW ON PROPOSED AMEI~NIENTS TO THE ZONING AND DEVELOPMENT ORDID~#NCE: Johnson: These are the items that the Planning & Zoning Commission have proposed changing or .clarifying. Does anyone have consnents on this? Shearer: We have a slight error on Page n3 in the definition, it should be 3 or more for kennel definition, and also instead of being within in should be over three months of age. There was further discussion. (T~~2 on file) Rountree: I have a question on Page 8, item 15, about the length of a culdesac, was that a recommendation from our Fire Department, the length? Clerk Niemann: Yes, that is what. they wanted. They only carry 1200 ft. of hose. The Motion was made by Rountree and seconded by Shearer that the Findings & Fact be approved with the corrections noted. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea: Motion Carried: The Motion was made by Hepper and seconded by Rountree that the !leriidan Planning & Zoning Commission hereby recommends to the City Council of the City of !leridian that the Planning and Zoning Commission's proposed Amendments to the Zoning & Development Ordinances should be approved and adopted with the changes noted. i ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on April 3, 1990, -for the purpose of considering and taking action on the Application of Wayne and Mary Williamson for a conditional use permit for a Planned Unit Development-Residential to develop a portion of the Northeast Quarter of the Northeast Quarter of Section 12, T. 3N., R. 1W., Boise Meridian, Ada County, Idaho, generally known as the 1400 Block of West 4th Street, Meridian, Idaho, with single family dwellings. Public comment is welcome and will be heard and considered. DATED this ~ ~ day of March, 1990. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counaelora P.O. Box 427 Merldlan, Idaho 83842 Telephone 88&4481 JANUARY 8, 1990 P & Z ~RF.RS ATTORNEY COMNIENT5 ON REZONE REQUESY W/CONDITIONAL USE PERMIT BY WAYNE & MARY WILLIAM.SON FROM ACRD & NAMPA MERIDIAN IRRIGATION RECEIVED THIS DATE: JACK NIEMANN J Ii 1 REZONE W/CUP FOR PUD Wayne Williamson Cherry Villa Subdivision COMMENT S 1: - ADA COUNTY HIGHWAY DISTRICT: NONE RECEIVED AS OF THIS DATE: 2: NAMPA MERIDIAN IRRIGATION: NOTHING RECEIVED: 3: CEN`i'RAI~ DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: 4: CITY ENGINEER: SEE ATTACHED: 5: POLICE DEPT: NO PROBLEM WITH THIS: 6: SEWER DEPARTMENT: THIS NUMBER OF UNITS COULD REQUIRE AN 8" SEWER LINE & INSTALLATION OF MANHOLE ON 4TH STREE'T'. 7: Ada County Highway District Highway C~nents & Recc~snendations received: They are attached: 8: Nampa Meridian Irrigation: Comments Received see Attached: 9. PUblic Hearing held Januar~r 9, 1990 before the Planning & Zoning Ccarmtission. City Attorney instructed to prepare Findings of Fact with no reccur¢nendation: 10. Letter received February 9, 1990 frcan Wayne & Mary Williamson changing Application' from PUD for 5 Triplexs to PUD for 6 single family dwellings: (See Attached: 11. P & Z Meeting held February 13, 1990 this change to be notated in the Findings of Fact: 12; Planning & Zoning Meeting held February 27, 1990, Cc~mtission approved the Findings of Fact and made recommendation that the City Council approve this request. Copy of Findings Attached: ~~~ ;$~ F ~~~ ~~E ~~ RS Q~ p c i ~~~~~~~~~~~~~~~1~~~~~~~~1~ k E A ~ o 8 ~ ~ - .._ -- A ~ v - - Q - _ ~ o A O _ _ ~ ~ ~, ~ p , m -~ ~ -- ~ ~ ~ O S - 3 ~ - ~ H .~ tt $ ~ ~ ~ . S - A __ Sl. p ~ L=J - ^^ ~ D ~5_ ~ to _ N, ~ S N _~_ H ~ S Ci A~ _~ ~~ A O -~ Y ~~~5 x~ Is1t" S p~"~ ~ a ~ ~' '` • ~ ~+ sue' ny s' ~~A~ ss~ a o_~s. F ~ ~.. ~ 9 s ~ s~ ro '~ ~ ~ = o ~ b ~ o ~ • °~ P ~ I~ ~ _ ce ~ ~ ~ ~o ~° ~ ~ - - t - - ~ - _ ~~ A D A r~ To: Ada County Highway District Commission DISTRICT Inter-Department Correspondence Date: January 2, 1990 ~~ji9~ From: Development Services 5 ubject: ZONE & CU WEST 4TH N/0 MAPLE TRIPLEXES ayne Mary Williamson, 337 Eagle Glen Lane, Eagle ID 83616 - 939-0919) FACTS & FINDINGS: 1. -Wayne and-Mary Williamson are requesting a rezone from R-4 to R-15 to allow construction of an apartment complex consisting of five single story triplexes, a maintenance shop, single family dwelling for a manag- er, and possible future meeting-room on property located between West 2nd and West 4th Streets north of-Maple Avenue. 2. West 2nd Street fias 60-feet of right-of-way (which is adequate), and is fully improved except for sidewalk. 3. West 4th Street has 30-feet of right-of-way (50-feet is required), and is improved with gravel. To the immediate south of subject parcel, West 4th Street is improved to a 1/2 plus 12-feet standard, without sidewalk. SITE SPECIFIC REQUIREMENTS: 1. Provide 5-foot wide sidewalk on West 2nd abutting parcel. 2. Provide by dedication 25-feet of right-of-way from the centerline of West 4th abutting parcel. 3. Provide curb, gutter, 5-foot sidewalk, and match paving on West 4th abutting parcel. Provide. l/2 of a 36-foot back-to-back roadway section. STANDARD REQUIREMENTS: 1. Improvements to the dedicated right-of-way to be designed and construct- ed to ACHD standards and specifications. 2. All specifications, land surveys, ,reports, plats, drawings, plans, design information and calculations presented to Ada County Highway District are to be sealed, signed and dated by a Registered Profession- MERIDIAN/ZTR. 1-4-90 COUATY HIGHWAY' 318 EAST 37TH STREET BOISE, IDAHO 83714 Meridian Rezone & CU January 2, 1990 • Page 2 West 4th N/0 Maple Triplexes al Engineer or Professional Land Surveyor, in accordance with Idaho Code 54-1215. 3. Obtain written approval from irrigation/drainage jurisdiction for storm runoff into irrigation/drainage system(s). 4. Relocate all obstructions outside of the proposed street improvements. Prior to relocation, obtain written permission from the applicable jurisdiction. 5. Relocate all irrigation/drainage structures outside of the public right- of-way. Prior to relocation, obtain written approval from the applica- ble jurisdiction. 6. Provide for the continuation of all existing irrigation and drainage systems across parcel. 7. Submit 3-sets of street improvement-plans for review -and approval- by the District. 8. Submit a site drainage- plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A), where applicable, and ACHD policy.. 9. Access to parcel to be reviewed and approved by the District. 10. Driveways to be located a minimum of 5-feet from the property line. 11. Any work within ACRD right-of-way requires a-permit. For information regarding the requirements to obtain a permit, please contact Quality Control at 345-7667. CU, DR, or PDC file number required. 12. A request for any modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commis- sion action. The request-shall include a statement as to why a require- ment would result in substantial hardship or inequity. If you have any questions or comments, please contact the Development Services-section at 345-7662. POLICY IMPLICATIONS: 1. Requirements are made to Meridian Planning & Zoning as condition for compliance. SIGNATURE OF STAFF SUBMITTING: John R. Stoller, P.E. MERIDIAN/ZTR. 1-4-90 ~iiiiiiriiiiiiiiii~ ;~~~~~~~~~~~~~Q~~ ~ W brU• W m~ G ~Oy O O I--~ G' ~ R '..1' rt ~ b H (D r• (D rt N ~ ~ R~ ~ b b ~ rt ~ ~ ~ ~ m w H w a m '~ CA ~ ri I--' ry rt H fD O r-•~ fD G" fD n n ~ ~ ~ w m o F, • ~ ~" G rt ri rt a w n ro ~ n a' r • ~J r-~ rn n ~ r • N G _ w o H w w •d rt ~ p ~-t n r-~ o ~C b r f7 fD to O H rt H ~ O cn O N ~C ~ b o. ~' n ~ ~ m E r• ~w aH ~~ w Qo ~C r • fo m rt cn w ~ $ ~'i rt rt - ~ w w h, r• n ~ r• r• OC cn O O. G a ~ ~c d _ HIE 'rt g r• a w w rt o o ~ w H~ ~ ~ -~ n a+~~.~ - ~"t - O - fD p H - rt- ~~ ~ rt (~ C") (D a"' ~ N W rt -- a n r p O G cn c~ ~ ~ ~ n A G ~ -r i n . w w m • • m ~ p ~ w i ~ r• w ~ n W (D b ~S G C 0o a n ~ ~ o ~ ~. O rt ~ fD p ~O • ~ ° ~ ~ ~ w o c n- rt ~ b~ n r• fD ~t ~i P. ~C ~*art o ~ ~ b E N r• n ~ ~ rt r-+ ~ ~~ ~~~~ ~~~~ Q~~ ~" ~ ~ ~ E~ ~ ~ ~ *[7 ~ ~C G1 ft'+ F--' ~O •• p _ ~ _p V/ • ~ `~• ~. - ~~ C Q'~ ~ ~ T /. K ~~. l- ' F-' N ~O -ro "~ ~- C~ ~ ~ •• ~ ` G 2'~ y ~ H~ d~ ~ ~ - ;d ~ c~. ro ~~ ~~ y rt • ~ ~2~G~~ FEBRUARY 9, 1990 MERIDIAN CITY HALL attention: JACK NEIMANN MERIDIAN, IDAHO 83642 • v~~~a D!~i ~~~ We request a change of our application for a PUD for 5 triplexs and a single dwelling to PUD for 6 single dwelling houses on our property in the 1400 block on West 4th, Meridian, if this can be accomplished without requalifying with resdents within 300 feet of said property. We are witdrawing our request for a rezone to R-15. Sincerily, ~~ ~ ~~~J~ Wayne williamson & Mary Williamson 323-0062 PARK POINTE REALTY, 939-0919 home ~, ~ ~ ~ • i r ~~~ ~ i m .~ x 0 a a a m L N m a rl rl .~ 3 m N m .~ N Y V O a m a v U a N 3 v ~ a ~ v ~ c m ~''~ l -- ~ v ~ m ~~ rn c •.a ~ Z . i +, N •rl i a 7 (0 y m ~ ~ J m ~ J 3 W ~ 3 D m C Y 3 L '"~ H y O m d N ~ V rl O •rl 7 a t N m a N c 0 ~ ~ •.a : 7 ~ N c ~E N m N m ~ i ~ 1 ~.__. ____.T_-~_._._T_.. ~--+..... ~-__. ._ .r - - BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WAYNE AND MARY WILI_IAMSON CONDITIONAL USE APPLICATION FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT 1400 BLOCK OF WEST 4TH STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having cone on for public hearing January 9, 1990, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, 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. That a notice of public hearing on the Conditional Use AMBROSE, FIT20ERALD 6CROOKSTON Attomeye end Counselors P.O. Box 427 Merldlen, Idaho tt3Ee2 Telephone tt88.4~61 Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 9, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 9, 1990 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio anal television stations. FINDINGS OF FACT AND CONCLUSIONS - PAGE 1 2.~That this property is located within the City of Meridian, is owned the Petitioners, and is described in the application, which description is. incorporated herein; the property is located between West 2nd Street and West 4th Street north of .Maple Avenue; Petitioners initially proposed to rezone the property from R-4 Residential to R-15 Residential and develop the property with one single family dwelling, a club- house/maintenance building and five tri-plexes; the Applicant has submitted a letter changing his application to now be allowed to develop the property with six (6) single family dwellings still under a planned unit development but withdrawing the request to rezone the property from R-4 to R-15. 3. That the property is located in what is presently designated in the Meridian Comprehensive Plan as the Warrior Neighborhood; that the property is zoned R-4 Residential. 4. That a planned residential development (PD-R) is defined as follows: "PLANNED RESIDENTIAL DEVELOPMENT (PD-R) - Any deve opment which is pre ominant y residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants." AMBROSE, FITZdERALD 6CROOKSTON Attorneys and Counselors P.O. Box 427 Msrldlsn, Idaho 93842 Telephone 8984481 5. That under the Zoning Schedule of Use Control, Section 11-2-409 A., a Planned Residential Development is allowed in R-4 Residential District as a conditional use. 6. That the property to the west is farm and vacant ground, the property to the east is residential property, the FINDINGS OF FACT AND CONCLUSIONS - PAGE 2 ::,.. • property to the south is residential, the property to the north is a play field and a church. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That the Applicant has submitted a petition signed by at least 75% of the people owning property within 300 feet of the property indicating their approval of the use of the property as initially requested by Applicant; that some parties who initially signed the approval petition appeared at the public hearing voicing their objection to the original petition which was for tri-plex development; that most people testifying did not want the tri-plex development, which now has been removed. 9. That the City of Meridian does have control, guidelines and requirements for planned developments.in 11-9-607 and such are attached hereto• as Exhibit "A" and incorporated herein as if set forth in full. 10. That there was testimony at the public hearing AMBROSE, FITZf3ERAlD 6CROOKSTON Altornsye end Counselors P.O. Boz 427 Msridlan, Idaho 63642 Telephone fiB6~4181 objecting to the development of the property with tri-plexes; that almost all persons testifying had no objection if development was in the form of single-family dwellings; that the testimony reflected concerns over the amount of traffic that would be generated by all the people living in the tri-plexes; concerns that people renting would be of a transient type who may not care for the property; there was concern over access to FINDINGS OF FACT AND CONCLUSIONS - PAGE 3 the property from W. 2nd Street and the srnal 1 1 ane between the two existing tri-plexes; there was concern that Tri-plex development would devalue existing single-family homes; there was concern that irrigation water be maintained to the surrounding properties. 11. That there were comments submitted by City departments and other,~governmental agencies and they are incorporated herein as if set forth in full; that the Applicant testified he had no objection to those requirements and comments.. CONCLUSIONS AMBROSE, FIT2OERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Ideho 83842 Telsphone888J181 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the 'mailing of notice to owners of property within 300 feet of the external boundaries. of the Applicant's property, and having obtained the consent of 75% of the owners of property within 300 feet of the external boundaries of the Applicant's property;~even though some individuals testifying at the hearing requested that their approval be withdrawn, the 75% signature requirement is a procedural requirement for a conditional use in a residential district and once the 75% approval has been obtained the procedural requirement is met; it is still the decision of the City as to whether the application itself will be substantively approved regardless of the procedural requirement being met. It would be unfair to Applicant's for conditional use permits in residential FINDINGS OF FACT AND CONCLUSIONS - PAGE 4 ~. ~. ' = 4 districts, where a 75X approval petition must be submitted as part of the application to allow persons to revoke or withdraw their approval once the application has been submitted. It i•s~ also concluded that since the Applicant obtained the approval of 75% of the neighbors owning property within a 300 foot radius for his initial development plan, and since he has deleted the rezone request and the ultimate use will be an R-4 residential type use, and since there will be another public hearing before the City Counci 1, that another public hearing before the Commission is not required 'or necessary. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Complied Ordinances of .the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and, the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances 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; that upon a review of those requirements and a review of the AMBROSE, FIT2GERAlD facts presented and the conditions of the area, the Planning and 6CROOKSTON Zoning Commission concludes as follows: Altorneyeand Counesiors P,O. Box 427 Mendl~n,ld~ho FINDINGS OF FACT ANO CONCLUSIONS - PAGE 5 e3e4a Telephone 888.4481 ' . • 7. That the granting of .this application would be in the best interest of the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Comrnission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Hepper Commissioner Alidjani Commissioner Rountree Commissioner Shearer Chairman Johnson (Tie Breaker) Vote C Vote ~ ` " Voted ' Vote Voted DECISION AND RECOMMENDATION AMBROSE, FITZOERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 81042 Tslaphone 00&4101 The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions contained herein, specifically 11-9-607 of the Revised and Compiled Ordinances of the City of Meridian, and subject to approval of the final development plan and design review and subject to approval of the horns owners association documents and of the restrictive covenants. MOTION: APPROVED:~1~ Qq, DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS - PAGE 7 • 9-606 D PENALTY IN CASE OF FAILURE TO COMPLETE '1'FiE CONSTRUCTION OF A PUBLIC IMPROVEMENT In the event a subdivider and/or owner shall, in a-iy case, fail to complete the public improvements required as a condition of the final plat in the time period required, it s}gall be the responsibility of the Council to proceed to have suc}r work completed either by foreclosing its lien or, in the event financial guarantees have been required, to pursue the remedies provided by those financial guarantees. 9-607 PLANNED DEVELOPMENT 9-607 A .PURPOSE .The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this section to achieve the following: 1. A development pattern .in accord wi.t.l- the goals, objectives and policies of the Comprehensive Flan;'~~ 2. A development pattern which preserves and utilizes natural topographic and geologic features, scenic vistas, trees, and other vegetation and which maintains natural drainage patterns; 3. A maximum choice of living environments which allows a variety of housing and .building types, which permits an increased i density per acre,' and which allows a reduction in lot dimensions, yards, building setbacks, and area requirements; f 4. A more useful patter~t of open space, parks, and recreation areas; t' 5. A more convenient pattern of commercial, residential, and .~,,"` industrial uses ~as well as public services which support such ''~' uses • • ~'~• ~~ • . 6 ti: A .more efficient use of land and reduced costs of streets and •. utilities than is generally achieved through conventional subdivisions; 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment; and :: 8. A development that encompasses maximum site design flexibility. 9-607 B APPLICABILITY ~:~: Whenever there is a conflict or difference between the provisions of I • Section 9-607 and other Sections of this ordinance, the provisions .,,:, . i -30- ~ ~ ' of Section 9-607 shall prevail. Subjects not covered by Section 9-607 shall be governed by the respective provisions found elsewhere in this Ordinance. 9-607 C PLANNED DEVELOPMENT (PD) CATEGORIES •• The City of Meridian shall provide for four (4) PD categories: 1• ~ Planned Development Residential (PD-R); 2. Planned Development Commercial (PD-C); 3- Planned Development Industrial (PD-I)• and >~ ~ , 4•''~~ lanned?Development General (PD-G). + .:~ i; 9-607 D OCEDUF~'g~F~jR PLANNED DEVELOPM ENT (PD) '~,~;; Any person as. the agent, or agent for the owne.t~'of any property with'ii7.the City, may apply for Planned Development approval. All applicants shall follow the procedures as provided i~~ Sectio-~ 9-604 of this Ordinance, PROCEDURES FOR SUBDIVISION APPROVAL. In addition, the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: 1• Architectural style and building design; 2• Building materials and color; 3• Landscaping; 4• Screening 5• Garbage areas; •• 6• Parking; and 7• Open space. 9-607 E MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from ttie district regulations governing use, density, area, bulk, parking, signs, ar~d other regulations as may be desirable to achieve the objectives of the proposed PD, rovided such exceptions are consistent with the standards and criteria contained in this Section. ~., ' -31- . a • ,'~, ,• . ,,;; F GENERAL REGULATIONS FOR PLANNED DEVELOPMENT 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 2. A planned development shall not be required to contain a minimum f.. number of acres. 3. Owners' Association - The Owners' Association Bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space, shall meet with the approval of the Council. 4. Issuance of Certificate of Zoning and Building Permits shall be granted only after development plan and covenants have been approved by the Council. 5. Conditions Run with Land - Any conditions attached to a Final „ Development Plan shall run with the land and shall not lapse or be` waived as the result of any subsequent change in the tenancy ~o~' ownership of any or all said lands. Such conditions shall ' be .deemed as requirements for the issuance of the Certificate of Occupancy for any use or structure. 6. Change of a PD - No change in the approved Final Development ,.;Plan shall be permitted without prior approval of the Council except that minor changes in the location, siting, and height of buildings and structures may be authorized by the Building Inspector as required by engineering or other circumstances not foreseen at the time of plan approval. However, no such 'minor changes' may increase the volume of any building or structure r; ~ by more than ten (10) percent or increase the gross density of ,R~,':the PD. .~ °i~ 7 •~{ Bonus Density - Developer is responsible for documentation of '~',r: change. The, following bonus densities may be granted within a 'Planned Development, but shall not be treated as cumulative: a. Provision for private, common open space in a PD shall be considered cause for density increases not to exceed twenty-five (25) percent; b. Character, identity, and siting variation incorporated in a PD shall be considered cause for density increases not to exceed twenty-five (25) percent. Factors which are deemed to make a substantial contribution to such character, identity and siting variation include, but are not limited to, the following: ;~F , -~'`~~ 1) Landscaping - Streetscape, open space and plaza use - '' of existing landscape; pedestrian and bicycle ways . and recreational areas; -32- 9-607 2) Siting - Visual focal points, use of existing physical features such as topography, creeks, view, sun and wind orientation, circulation pattern., physical environment, variation in building setbacks, building ,. groups. such as clustering; and 3) Design Feature - Street sections, architectural °a styles, harmonious use of materials, parking areas :.broken by landscape features, and varied use of . dwelling types and heights; c. Publicly dedicated land in a PD shall be considered cause for density increases not to exceed twerrty-five (25) percent for facilities such as school, library, fire station, park, recreational facility; and d. Density increases, not to exceed twenty-five (25) percent, shall be considered when environmentally sensitive areas (creeks, wetlands, wooded areas) t[ave been preserved in their natural state. 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improverner-ts if reyuired pursuant to 9-606 C. G GENERAL STANDARDS FOR PLANNED DEVELOPMENTS (PD) 1. Accessibility of Site - All proposed streets, alleys, and ,~~. driveways shall be adequate to serve the residents, occupants, ' ;visitors, or other anticipated traffic of the PD. Design . elements shall be incorporated to discourage public through- `• traffic. Entrance points of streets, alleys, and driveways on ..previously existing roadways shall be subject to the approval • :'~~of the Ada County Highway District. On-site vehicular circula- ~tion and parking shall be designed for adequate fire and police protection and shall be .adequate to serve the uses located in the proposed development: If it is determined that additional • ~ traffic control devices or other traffic regulating improvements ~~ro;` are required, the developer shall be responsible for the cost of such provements. :9 2! ~ Roadway.. - Design and dimensional standards for roadways shall be subject to standards set by the City Council. 3. Off-Stt`eet Parking - Off-street parking shall be conveniently accessible, to all dwelling units and/or other uses. Where appropriate, common driveways, parking areas, walks, and steps may be provided, maintained, and lighted for night use. Design and dimensional standards for off-street parking shall be ' subject to provisions set forth in Title 2-414 of this Ordinance. 4. Utilities - All PD's shall provide urrdergr•ound installation of utilities (including streetlights, water, sanitary sewer, storm sewers, electricity, gas, and telept~or~e) in either the public right-of-way yr utility easements. Provisions .shall also be made for design and construction of adequate storm sewer facili- ties pursuant to review by the Ci~}~ Engineer and the Ada County Highway District. 5. Open Space - All open space delineated or approved as common open space shall meet the following applicable standards: a: The location, size and shape of the common open spaces shall be suitable for the use proposed and shall enhance the common enjoyment of recreational pursuits, or provide visual, aesthetic, or environmental amenities; b. Common open space shall be suitably improved for its intended use, except that common space containing natural features worthy of preservation may tie ].eft unimproved. ,~~;~"* Structures and improvements to be located in or adjacent r:•Y' to the common open space shall serve to enhance the ameni- ~~ `~ ~r;, ties of the common space and have rPyar-d for tl-e t.opogrephy k;• ~,• ~,:, and natural features of the common open space; is ;,~., • c. The development schedule shall coordinate the improvements of the common open space with the construction of the buildings, structures and other improvements in the PD. At the discretion of the Council, a dedicated fund shall be established •~by the developer and contributed to at the time of unit sales to insure the future improvement of the open space; d. Land shown on the Final Development Flarr as common open space may be conveyed to a public body ,(if saidDpublic body agrees toy'accept conveyance) to mairrtairi the common open space and improve ments placed thereon. In lieu of public dedication, it shall be conveyed to an owners' association or similar organization for the purpose of owning and maintaining said common area and improvements thereon; e. The total area of all common open space shall equal or exceed ten (10) percent of the gross land area of the PD; and f. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements which are accessible and available to all occupants of the private units within the PD. -34- i .~ ~ • 6. Landscaping - a. Screening of off-street parking, loading, and waste storage areas shall be required. b. Screening shall be required as a buffer between residential and non-residential uses or structures in a PD. c. All ground surfaces in a PD shall be covered with a vegeta- tive cover growth or other ground treatment capable of preventing soil erosion under normal surface runoff conditions. 7, Irrigation Facilities and Draina a Systems, Natural Streams, and Drainageways - Modification of existing irrigation and drainage systems, as well as natural streams and drainageways, shall be minimized, and shall not materially alter the natural or existing configuration or impair the normal operation thereof. 8 Design Review - All PD's shall be subject'•to design review by the City Staff and Council. 9-607 9-607 H DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - RESIDENTIAL (PD-R) 1. Storage Areas - Storage areas shall be provided for the antici- pated needs of boats, campers and trailers. For typical residen- ~'~ tial development, one (1) adequate space shall be provided ` ~ every two (2) living units. This may be reduced by City action if there is a showing that the needs of a particular development are less. 2.~ Parking Space - One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking. 3. Maintenance Building or Approved Area - A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance o.f all common ;~, areas. . „ }. - ..y ~. L_s~ DESIGN ~S'IbANDARDS FOR PLANNED DEVELOPMENTS - COMMERCIAL (PD-C) •LR ~.1': Buffering°and Screening - When commercial structures or uses in a PD-C abut a residential use, sight-restricting screening or buffering shall be provided. In no event shall any structure in a PD-C be located nearer than twenty (20) feet to a residen- tial use. Off-street loading and waste storage areas shall be visually screened on all sides. 2. Lighting - Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas. -35- . g:. , , . -r' ,: 3. Design of Site - A PD-C shall be designed to harmonize with adjacent uses as to height, bulk, location, anal use of exterior materials. Sides and rears of all buildings shall be given treatment comparable in attractiveness to their principal frontage. Pedestrian walks, plazas, and open spaces shall be located t o provide maximum accessibility among the various buildings of the PD-C. Open spaces shall be so located as to rovide for maximum visibility by customers and to create a h `~,, armonious ' relationship between buildings and exterior spaces ~;:.. throughout the project. 9-60.,,,1. J DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - GENERAL (PD-G ) ,it, . .,, ,; ;, 1. ~PD-G :`shall be subject to all applicable standards as set .forth in ,Section 9-607 of this Ordinance, with each land use conforming to the PD c riteria for said land use. 2. All developments within Mixed Use Review Areas shall be developed as a PD-G . 9-608 MOBILE HOMES BY REFERENCE " See Title 3, Chapter 5 of Ordinances of the City of t9ec•idian. 9-609 A CEMETERY SUBDIVISION a. ~; • 1 Function - The developer shall provide the Commission with written documentation that will sufficiently explain the func- ~, tions of the ,propo'sed cemetery For either human or animal remains. 2. Compliance with Idaho Code - The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural management requirements that are outlined in Title 27, Idaho Code: ; 9-610 FLOODPLAIN SUBDIVISION 9-610 A SUBDIVISION WITHIN A FLOODPLAIN 1. Flood Areas - For any proposed subdivision t}iat is located within a floodplain, the developer shall provide the Commission with a development plan of adequate scale and .supporting documen- tation that will show and explain at least the following: a. Location of all planned improvements; b. The location of the floodway and floodway fringe per -` engineering practices as specified by the Army Corps of ;~. ~ .~•Engineers~; . s. -36- i MERIDIAN PLANNING & ZONING JANUARY 9, 1990 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:35 P.M.: Members Present: Jim Johnson, Moe Alidjani, Tim Hepper: Members Absent: Jim Shearer, Charlie Rountree: Other Present: Mary Williamson, Wayne Williamson, Jack Murphy, Rita Weatherby, Denice Desilet, Rick Weatherby, Jeanne Meek, Larry Meek, Richard Newberry, Larry Paul, Mary Collins, Ellestine Guthmiller, Ken & Glenda Kork, Ranae Sanders, Willard Rowley, Gary Smith, Max Yerrington, Wayne Crookston, Michael Coch: The Motion was made by Alidjani and seconded by Hepper to approve of the Minutes of the previous meeting held December 12, 1989 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: REQUEST FOR REZONE WITH CONDITIONAL USE PERMIT FOR PUD BY WAYNE & MARY WILLIAMSON: Johnson: I will now open the Public Hearing, if you wish to testify please come forward & be i~a°yne'Williamson,was sworn by the attorney. Williamson: We bought this in 1979, we would like to change it to build five triplexes, one story. We'd like to have more the older people, it would be one single dwelling. All the maintenance and water lines would be our responsibility, there would be no cost to the City. The engineer gave us some guidelines and we are going to comely with all these. We do have some very strict covenants. I have copies of the covenants if anyone would like to see them. We intend to-have double car ports for each unit, the landscaping. will be professionally done. There will be very few children and no pets in the units at all. There will be no junk cars, trash or any loud noises. This would be an asset to the community. There is a real need for rentals. Alidjani: You have no problem with any of the recommendations that have been made. Williamson: No. Alidjani: You said you bought the ground under the feeling that it was zoned. Williamson: We have earnest money stating that it was zoned for multiple units. Alidjani: My question to you is was it or was it not zoned that way. Williamson: It was not. I understand it was started but it was not finished. Hepper: How many parking spaces for each unit. Williamson: There would be two for-each one. Hepper: You said you'd fence the whole project, all the way around? Williamson: That would be fine, I didn't know if it would be necessary to fence between that property and the LDS Ball Field. Hepper: What type of a fence would you have. • • MERIDIAN PLANNING & 7ANING JANUARY 9, 1990 PAGE #2 Williamson: Either a six foot wooden fence or a six foot metal fence. There was discussion about the purchase of a unit. Alidjani: Is the street between W. 2nd and W. 4th going to be blacktop. Williamson: Private blacktop. Johnson: With respect to the recommendation by Nampa Meridian Irrigation District I went out and looked at that property and I didn't see a ditch on the south side. Williamson: There is no ditch on the south side, there is one on the north side. Kenny Cook, 1501 W. 2nd, was sworn by the attorney. Cook: Is 4th going to be put through or will it remain a dead end. If it remains a dead end, that will chase all the people right up on 2nd right out between the apartments. It will put all the traffic load right out onto 2nd Street. My main concern, is that all this traffic will be put out right in front of our housing. Johnson: Are there any plans with respect to that. Cook: What about the devaluation of property of the rest of us home owners who live adjacent to this. I've talked to two different Real Estate Company's and in-their opinion it would make the property adjacent to this harder to sell. Alidjani: I am a licensed Real Estate Agent, you already have the duplexes-there in front, so I feel personally that it would be that much devaluation on your property because the frontage is already there. Cook: I wonder if something is not done with 4th Street and all this traffic is put out onto our street, I don't think I'd be as willing to buy in this neighborhood. Alidjani: Also have in mind that Wayne does not have any control on any of the property beyond the 4th Street where it is a dead end now. Cook: I've been here for 32 years and the field has always looked the same way, full of weeds and not taken care of. I am curious if it will have better maintenance. Willard Rowley, 1221 W. 4th, was sworn by the attorney. Rowley: My feeling is that thiswill mean alot more traffic on 4th Street, but we have real small lots across from us and that subdivision in there hasn't been to good it's devalued our property already. He can't control who comes in there and it will increase the traffic. Device Desilet, 1502 W. 2nd Street, was sworn by the attorney. Desilet: I have small children and this traffic congestion concerns me. I would like to know what exactly the petition signifies that was passed around by Mr. Williamson. Johnson: It says on there that you do not object to the plan. • • MERIDIAN PLANNING & ZANING JANUARY 9, 1990 PAGE #3 Desilet: But don't you have to be a home owner to sign that. Johnson: The signatures are supposed to be the property owners. If they are not it would not count towards the percentage. Desilet: How can we be guaranteed that older people will be living in these dwellings. Johnson: There is no guarantee. There are places that cater to adults. I understand your concerns about having children and I wish I could say that we are going to shoot down every project that might have increased traffic flow, the facts are we just can't do that. Desilet: So you guys say this is okay already. Johnson: No, we are taking public testimony. What we do as a Commission is make a recommendation to the City Council. The City .Council will then decide. Alidjani: Are you on the East side or West side of West 2nd. Desilet: I would be on the East side. Jack Murphy, 240 Maple,-was sworn by the attorney. Murphy: I live on Maple Street, and we do not have any sidewalks there now. On Sundays the traffic flow down in my area is outrageous. The land really hasn't been taken care of now and Mr. Williamson is in the Real Estate Business. Voiced concerns about once the zoning is changed what will Mr. Williamson do with the property. Crookston: If it's rezoned there is no restrictions necessarily saying he could go one or two story's. As long as the Plan Unit Development is with the application then there is restrictions on it. Richard Weatherby, 1426 W. 2nd St., was sworn by the attorney. Weatherby: First I'd like to ask the question, if I understood it correctly, you said that this whole thing would allow him only to build what he's proposed to build in terms of size. Crookston: Under the PUD application, he can only build what he applied for. Weatherby: What control is set as far as who he rents it out to or who he might sell them to. As far as I can see thereare no controls over that. Johnson: There is no control over that. Weatherby: This is one of my big concerns, house is directlyy across from iahat I!_!~auld co ider the main access. We've lived there~or approximately 72 years, and I've seen alot o~different kinds of people come and go, I even had my car broken into. I have no wish to have more of that kind of thing happen. It is real easy to say what your best intentions are but I also know that the dollar speaks pretty well. If he has trouble renting them out, he will rent them out to whoever he wants to. If it stays zoned the way it is now he can still build homes there. I'm here to say that because of the traffic problem, the transient people and property values I advocate that you don't give him the zoning change. PLANNING & ZONING • JANUARY 9, 1990 PAGE #4 Ranae Sanders, 1434 West 2nd, was sworn by the attorney. Sanders: Voiced concerns about school over crowding and traffic increases. Jeanne Meek, 1432 W. 4th, was sworn by the attorney. Meek: One of the concerns I have is that into those apartments there is just a single lane right now, is there room for him to make a double lane. Alidjani: It has to be 20 ft. wide. Meek: So what you are telling me is that he can do that with only one lane. Johnson: ,Twenty feet would be adequate. Meek: We talked about underground irrigation that runs under Maple, we've maintained the lot next to ours so we don't have to look at a weed patch or a fire hazard. I have been concerned that a Real Estate Man would let those weeds get so high. I do hope that we maintain our irrigation rights. My husband and I stand for the homes. What if Mr. Williamson decides not to build then sells the land, is that rezone then up for grabs, someone could come in and do whatever. Johnson: Once it's rezoned, that's the zoning and its sold with that zoning. Meek: So then only he guarantees us this kind of a deal. Michael Lock, 1410 W. 2nd, was sworn by the attorney. Lock: My intentions by moving here from Boise was to get away from apartments complexes. Alot of the people that own these types of complexes don't live there so they don't have to be concerned with all of these concerns. Williamson: We bought the triplexes in June on W. 2nd, I've worked on them and am getting them cleaned up. Johnson: How old are they? Williamson: Twelve Years. There is nobody that has lived there for less than 6 months. There will be speed bumps. The covenants can't be changed can they. Johnson: The covenants can be changed at any time by the homeowners association. Crookston: The owner of the property to which to covenants apply can change any single residential family dwelling subdivision. A letter was received and entered into the record opposing this project from Eddie L. Hart. Johnson: I will now close the Public Hearing. Alidjani: We don't have any control over the covenants. We look at them. There was further discussion on the Covenants. Hepper: I sympathize with the homeowners, and also think Mr. Williamson has made a good effort . S . f • • MERIDIAN .PLANNING & ZONING JANUARY 9, 1990 PAGE #5 The Motion was made by Hepper and seconded by Alidjani to have the attorney prepare the Findings of Fact and Conclusions of Law for rezone with Conditional Use Permit for PUD by Wayne & Mary Williamson. Motion Carried: All Yea: Johnson: There will be no recommendation to the City Council at this time. ITEM #2: PUBLIC HEARING: PROPOSED AMEI~IDN~IVTS TO THE ZONING & DEVELOPMENT ORDINANCE: Johnson: I will-now open the Public Hearing, is there anyone from the public who would like to testify. Being no response the Public Hearing was closed. The Motion was made by Alidjani and seconded by Hepper to have the attorney prepare the Findings of Fact and Conclusions of Law for the proposed amendements to the zoning & development ordinance. Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Hepper to recommend favorably to the City Council. Motion Carried:. All Yea: Johnson: I've asked our City Engineer to give us a brief overview of our sewer system so we will be more in tune with what our city direction is. Smiths. Addressed the Commission with a brief overview of the City's sewer system. The Motion was-made by Hepper and seconded by Alidjani to adjourn at .9:00 P.M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEIDINGS) APPROVID: JIM JOII~tSON, CHAIRMAN ATTEST: JA -~1I , CITY CLERK .c. Mayo & Council, Stuart, ACRD, NMID, P &'Z Members, Atty, ACC, Valley News, Eng., Building, Gass, Statesman, CDH,Settlers Pnlice, Fire, Ward. Mail (2) File (2) .~ /o ,~oc~ ~/;~4>onn /%nn~'~1 ~ ~7a~%~ ~om~is,s~'on .r ~`/~/' r y I~G'~"t~i C ~. !yG r '~ C~lt9 h ~r ~ ~ l~ ~ ~ D ~ r' . or7 ~10~ ~' f~~ ~ ~ ~ ~c ~~ . ~ /n~ p ~~ ~. n ~Gl P J G'C~ 9 ~4 /+ / 0 ~ ~ ~ S i' S ~G ~ ~ ~~ C / ~ JJ J/ ~ ~~ ~ ~. d ~ p /~'1 ~' ~7~r'n ~ COh tP~/~ I n ~ 1 ~E ~v~' /c~;`,~ r /, / ~ o a~~r ~A9Pn~~ d~'n ~ n /~7c. /v ~r7c f j ~° ~ 7' ~ S l a~ ~ /l~ i n ~u ~O cJ 4 ~ r ~,(/ ~ ,~C h , .~ .~ ~ / ~ ® G G ,/ ~ 0 cr n 4~ G I' 11yl ~n 1 S /~ian ou_ ~ x~ jq~~~. ~~ ADA COU~TY HIGHWA~ DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 ~ ~~ Inter-Department 1 ~ Correspondence To: Ada County Highway District Commission Date: January 2, 1990 From: Development Services Subject: MERIDIAN REZONE & CU WEST 4TH N/0 MAPLE TRIPLEXES (Wayne & Mary Williamson, 337 Eagle Glen Lane, Eagle ID 83616 - 939-0919) FACTS & FINDINGS: 1. Wayne and Mary Williamson are requesting a rezone from R-4 to R-15 to allow construction of an apartment complex consisting of five single story triplexes, a maintenance shop, single family dwelling for a manag- er, and possible future meeting room on property located between West Znd and West 4th Streets north of Maple Avenue. • 2. West 2nd Street has 60-feet of right-of-way (which is adequate}, and is fully improved except for sidewalk. 3. West 4th Street has 30-feet of right-of-way (50-feet is required), and is improved with gravel. To the immediate south of subject parcel, West 4th Street is improved to a 1/2 plus 12-feet standard, without sidewalk. SITE SPECIFIC REQUIREMENTS: 1. Provide 5-foot wide sidewalk on West 2nd abutting parcel. 2. Provide by dedication 25-feet of right-of-way from the centerline of West 4th abutting parcel. 3. Provide curb, gutter, 5-foot sidewalk, and match paving on West 4th abutting parcel. Provide 1/2 of a 36-foot back-to-back roadway section. STANDARD REQUIREMENTS: 1. Improvements to the dedicated right-of-way to be designed and construct- ed to ACRD standards and specifications. • 2. All specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to Ada County Highway District are to be sealed, signed and dated by a Registered Profession- MERIDIAN/ZTR. 1-4-90 • Iillll~I IIIIIIIIII~III ~Illllir .. ~. ~ ~ ~ o ~ ~ e ~ ~ ~.~~ ~ ~ ~~ V~ .. 3 ~' Z ~ _ O ~ ~ ~ 1~1 ~ ~ ~ _ M ~ ~ ' _ ~ ~ ~~ ~- _~~ y ~ - _ - K ~ _ ~ _ _ ... _ _ ~+ ~ _ ~ C7 ~ n -- _ - _~ _ - g -- - - - H H ~ H ~ ~ ~ z ~ x ~. w ~ - - N• A ~~ O y _ ry d O O ~ _ - m W - Cs e+ :~' ~ ~-+ C1 ~ A ~ ~ R~. ~ l0 _ ~ ~ - 00 cP !~ _ l0 ~ ~ - - _- - _ y ~ ~ y H ~7 H tai ~, d ~ ~ H ~ _~ ~ ~ ~ ~ $~~ ro ~ ~v a • ~ y ~ ro~ Q ~°o ~ ~ ~ Z y CENTRAL DISTRICT HEALTH DEPART~T ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise l Rezone # ~ R (`j Fagle / Conditional Use # ~.. U , iC P C) ,D - ~ ~ Meridian Prel;m;nary/Final/Short Plat Kuna / S -rr•»lxX6hS , a~ ~ .~ s i.uc/..e r~ Ly d w.e//.-~5 ACZ 1. _ We have no objections to this proposal. l~~yN ~ ~ ~'~ W %////m Sa,~J' , 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. _ We will require more data concerning the depth of (high seasonal ground water_)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. ~ We can approve this proposal for: °~Central sewage Interim sewage _Individual sewage _ Community sewage system and central water Individual water _ Community water well. 8. j~ Plans for Central sewage _Cormunity sewage system _Sewage dry lines, and lCentral water _Commuiity water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. ~ Street runoff is not to create a mosquito breeding problem. 10. _ `This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted fora plan review for any (food estab.lishment)(beverage establishment)(swirrrning pools or spas)(grocery store). 13. /z Reviewed by Date ~IIIIIItIIIIIIIIIMIIIIIIIIII sy~~ip~~~g~ ~~~~~Q ~~~~ ~~ ~~ iFr~ ~ C ~ -~qy F ~ A ~§F 0 a .Q ~~ ~ ~ H °z ~~ - .. d °~ ~§ ~~~.. ~~~~ ~~~~ ~~° ~~ _, ~~' b zH II C~ ~ ro~ ~ ~ ~- ~ ~ ~- •• ~ yy ~, zo z ~~ H 'O ~ HLyyTJ d ~ K ~ O 7d ~~r c~ ro F1 ~ ~n H r ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on January 9, 1990, for the purpose of considering and taking action on the Application of Wayne and Mary Williamson to 1) rezone a portion of the Northeast Quarter of the Northeast Quarter of Section 12, T. 3N., R. 1W., Boise Meridian, Ada County, Idaho, generally known as the 1400 Block of West 4th Street, Meridian, Idaho, from R-4 Residential to R-15 Residential; and 2) to be granted a conditional use permit for a Planned Unit Development- Residential to develop the property with tri-plexes, a single family dwelling, a club house, maintenance shop, and recreational club house and meeting facility on the parcel. Public comment is welcome and will be heard and considered. DATED this~~ day of December, 1989. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counaelore P.O. Bax 427 Merldlan, Idaho 83642 Telephone886.481 ~~iiiii .. ~ ~~ ~ ~ ~ -- 8 ~ ~ ~ M• C. [' y CE'O'' nn .._ ~ - _ -~ ~ H H _~ _ - rd ~ - ~ .~ ... K _ --- - Z ~ G7 ~' ... N ~ -~ -- -~ - __ z o - _ N _ _ _ f7 Fr _ _ - ~ _ ~- - - - - ~ ~ H Z .. - • d N F-' ~~ ~~~ ~~ ~~ $~~ _ , f2~ - ~- H M ~A 2'~ H -ro (M} [T. _ C M 7 ~bb H 'O d • ro ~ ~ ~~ - •• ~ ` ~ ~ ~ 0 M ~ ~-C roO Z O ~ ~~~ i j-I L~TJ ~ N .' b~~ i it y a .~ ~ ~~ r i APPLICATION FOR ANNEXATION APPROVAL & ZONING Meridian Planning & Zoning Commission REZONE FROP~I R-4 to R-15 Filing Information I. GENERAL INFORMATION ` WILLIAMSON CI~E2RY VILLA SUB. (Proposed Name of Subdivision) 140p Block of West 4th (General Location) See Attached Parcel # 0500 of the NE4 NE4 Sec 12 3N 1 W (Legal Description - attach if lengthy) Wayne & Mary Williamson 337 Eagle Glen Lane Eagle, Idaho 939-0919 (Owner(s) of Record) (Name) (Telephone No. ). (Address) Wayne &-Mary Williamson 337 EacTle Glen Lane Eagle, Idaho 939-091.9 (Applicant) (Name) (Telephone No. ) (Address) None (Engineer, Surveyor°or Planner) (Name) (Telephone No. ) (Address) City of Meridian (Jurisdiction(s) Requiring Approval) PUD-R (Type of Subdivision-Residential, Commericial, Industrial) } Sp Acres of Land in Contiguous ownership. Ac epte By• (Fee) • DECEMBER 18, 1989 WE REQUEST A REZONE FROM R4 TO R15 on property in 1400 Block on West 4th MERIDIAN, IDAHO., IN CONJUNCTION WITH OUR APPLYING FOR THE PUD PERMIT. WAYNE WILLIAMSON MARY LLIAidSON THANK YOU CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME; WAYNE & MARY WILLIAMSON pHO~ 939-0919 ADDRESS: 337 Eagle Glen Eagle, Idaho 83616 GENERAL LOCATION: 1400 Block of W. 4th, Meridian, Idaho 83642 DESCRIPTION OF PROPOSED CONDITIONAL USE: An apartment comples consisting of five single story triplexs, a maintenance single family we ing or a manager, and possible furture meeting room. ~- ZONING CLASSIFICATION: R - 15 PLAN: A plan of the proposed site for the condit.onaT use showing the location of all buildings, parking and loading areas, traffic access and traffic circu- lation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NO'T'ICE 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 The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION TD LOT NUMBER BLOCK at C~ • We own two lots joining this parcel and 2nd West with a triplex on each lot. The driveway on these lots allows us to have an exit to 2nd West for this apartment complex, alleviating any traffic problem. 5 & 6. SUBJECT PROPERTY is bare ground laying idle. ~~. We propose to build an apartment complex consisting of five single story triplexs, maintenance shop, possible future building for meetings and one single dwelling. 9. CHARACTERISTICS OF PROPERTY: A: Close to main shopping center. B: By having exits on W. 2nd and W. 4th most traffic will be through W. 2nd Street exit which is less than 2 blocks off Cherry Lane. C: Very few children as units are only 2 bedrooms, should be mostly single people and couples. D: Single story units which we hope to attract more older people. E: Very strict covenants including but not limited to noise, loud music partying, drugs, and disturbances, maintenance of comples, paint, repairs, grounds etc. F: Speed bumps. G: No junk around including non runable cars, H: Maintaning strict control of entire comples, I: High valuation for taxes with less expense to city with no street expense,etc. Increased taxes should be at least 5 to 6000 dollars. J: This should be compatable as there other rentals in area. K: We will build a 6 foot wood fence where adjoining other residental property. L: The construction will be of high quality with an attractive appearance to enhance and not detract from the surrounding areas. 13. WAYNE & MARY WILLIAMSON grants a lien against said property for payment of all costs incurred by the City including engineering, publication and attorney fees. 14. A statement that the proposed apartment complex does not violate any subdivision covents or restrictions or deed restrictions. It is not in a subdivision. /, % 9 ~~ WAYNE WILLIAMSON owners & applicants DATE MARY WIL' AMSON • r ; n..c. E , ,~ ~~ ~~9~~~~wf co~n~~~x . ~~y`U~ ~ ~~ ~ . ~ ~~ ~ a ~~~ l/~ Ai~~~a~J A parcel of land situated in the Northeast Quarter of the Northeast Quarter of Section 12,~Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 0°20'30" East along the East boundary of said North- east Quarter of the Northeast Quarter a distance of 695.96 feet (formerly South 695.80 feet of record) to the Northeast corner of Niday's Second Addition, which plat is on file in Book 11 of Plats at Page 594, Records of Ada County, Idaho; thence South 89°49'35" West (formerly North 89°50'00" West of record) along the boundary line common to said Niday's Second Addition, Wilson Addition, which plat is on file in Book 12 of Plats at Page. 708, and Western Subdivision, which plat is on file in Book 24 of Plats at Pages 1498 and 1499, in the office of the recorder of Ada County, Idaho, a distance of 826.00 feet to the true point of beginning; thence South 0°20°30" East (formerly South of record) along a westerly boundary of said Western Subdivision, a distance of 194.00 fees to a point on a North boundary of said Western Subdi- vision; thence South 89°49'35" West (formerly North 89°50'00" West of record) along a northerly boundary of said Western Subdivision a distance of 437.28 feet (formerly 437.00 feet of record) to a point on the center line of an extended street known as West Fourth Street; thence North 0°18'15" West (formerly North 0° 02'00" West of record) along the extended center line of said West Fourth Street, a distance of 80.00 feet; thence North 89°49'35" East parallel with a northerly boundary of said Western Subdivision, a distance of 137.00 feet; thence North 0°18'15" West parallel with a westerly boundary of said Western Subdivision a distance of 114.00 feet to a point on the extended most northerly boundary line of said Western Subdivi- sion; thence North 89°49'35°' East (formerly South 89°50'00" East of record) along the extended most northerly boundary line of said Western Subdivision, a distance of 300.15 feet to the true point of beginning, ~AOOL DISTRACT-i-~.OA3569 68.5 MARKET VI TAx TEAR PARCEL NUMBER BILL NUMBER AN ARY .00 243 ¢ N 0 ~ 0 4.6 y , 5 ~~METERY . 89 03 S1212110500 -75330 A 0 ~5~ TO ATEMENT.000 7 0 2.94 MINUS HO. 1.49 TI ON ,,.~ SCRIP RN ADA RECREA.0001830 E](EMPTWP 3.5 pp RR aa 00 1253N 1W NE4NE4 T EC • 8 4 4114 7 TAXABLE V. M3N1W0120500 3N 1W 12 1` ~Q~ $cJ~6 TOTAL OF ITEMS - O 1: ovERRtDES a BONDS )L Q. YRS• 88 87 .0001100 2.11 CODEAREs CHO L N2 BOND .0021670 41.61 i CHOOL 2EMERGENCY-0002050 3.94 2L NSTRUCTIONS: ovERRlDes You may pay delinquent taxes beginning the first Monday in aonlDlNCs an Payments received between Dec. 21 and the first Monday in ` .an. will be placed in a Trust Account and you will be notified of TorAL TAx he penalty and intere8l due. No funds can be removed from Trust OTHER ,mess all taxes, penalty and interest can be paid. DA L AH IN URpNCE • 000]~~20 0 00 l l i 4 0 R ~ I ~ D I G Efl T H 2-34 3C 10 6 4 . ~ y accumu ~. Trust Accounts for month at on of payments toward ID SY 8 A COURT-000130 T axes can be set up with the TaxCollectocNO1NTERESTISPAIp TH I TRIC 0 0 7 0 . 2-59 BREAKERe I S 0 0 5 )N TRUST BALANCES. CI•~D~LIAB TAR RF • 0 L it T' NS•0000810 9. You are not excused from paying tax, penalty or interest it you H 0 L 2 PL N T A C • 0 014 6 5 0 1.44 1.56 2 8.13 1o not receive a tax bill on any property you might own. ID. ERID LI~ 'LIAB IN$ - 0000010 •02 EXEMPTION :UDEe~-11oa. ERIDIANcLIAB INS -0001400 2-69 3. IF YOU HAVE SOLD THIS PROPERLY TO SOMEONE ELSE, ~ I- ~R YOUR LENDING INSTITUTION IS RESPONSIBLE FOR MINUS rRu 'APING THIS TAX, PLEASE FORWARD THIS BILL TO THEM BALANCE MMEDIATELY. If taxes are paid in two installments, the second half must be TOTAL TAx ,aid by June 20. TOTAL ITEMS 97 - O7 BE COLLEC ~. If any tax becomes delinquent, penalty and interest are figured 3G rom Jan. 1. ID. CODE fi3-1102. TAX PAYABLE UPQN RECEIPT OF THIS BILL 'h TAX DUE Levy Sheets available on Request. ID. CODE 63-1103. 1~ I. Your cancelled check is your receipt. ID. CODE 63-1108. TOTAL TAX 3 0 4. 7 0 fALL OF 1NE ABOVE) FULL TAX O 3 IRST HALF TAXES ARE DELINQUENT AFTER: DEC - 20,1989 tiECOND HALF TAXES ARE DELINQUENT AFTER: ~3UN~ 217 ~ ]rQ _ 4 7W0 PERCENT PENALTY AND TWELVE PERCENT INTEREST pA% PER MONTH) ARE CHARGED ON ALL DELINOUENT.TAXES DATING aA CK TO - N 1 7 199C I~`(:)fi'T' TAX-F'RT (MAST'li:fi) ALiA COLINTY+F'FOF'EFTY TAX 'A :'/1.1./(:39 'x12.12110500 TaX ,Yeats '88 b i L l 1--7443.E Cd Al-c~a U3 JIL_LTAMSON WAYNE ~ MAF<Y r~ ~ . 33-T EAGLE GLEN LN =AGLE ~ti ~3bib-4941 B 1'ax Value : tt19, 20U 1st ,half Ue L'; ~ ind ha i f C1e t'1. ~f,,L 1 1 9 Ite l4`''Yrs87, :., .. ~ 33 AOA coup n ~~ I T'Mi°~fii~ir<3e Justment ` Net" . 1st I~ia Lf 2nd H<>I if _ F'ropErrtY Tax 302. 0 302'.00 1E51.0U 1E1..00 C:F_rtifications '~, _-- Total tax ~0''k. 0 - ~($2:~~ 1~1.~0 151.00 ~ F'enaLtY b.04 6•.04 3.02 3.0:1. Total 30£3.04 .b~ 4 1.~4b'2 ~ 1.:,4.0:? 3:.';. 17.71 - 1:nterest as of 1'.'./11/89 ].]..~~i'/. a. ~. r1. ~~ i7i ~~3 ~J ~ c i~t7::'r ~-.. . . . unpaid narees . ~ F' RT TA - v . A- COI. ~ ---- -._...--- ..,a ._.. te,U+uoa- i ~1212110500~ Tax~Year~ 87 bill 1-7":'i53b Cd . Area U:3 i I LI.I AM50N WAYNE h MAkY a I "7 EAGLE G~ LN :•IGLE I EA~" IU 83616-45?4i. T~Ix Vallue $19,200 98 `,. 1st half Deli., 2nd half L.~.S' i QF helq. _ ,• , u i '~ Char a AdJustment y ;Net 1st •Half 40 141 I '.2nd Fla Li' 40 141 . •80 28• 80 2 ~, . I'ropertY T~% . ~ _ ~_~- ___..____F _, (:ertif,icaltions * r5;8p -~.-141.0. _--7.11.40- ~ ` ~ , ~ ` Tot~-r axr, (3.80 ~.6fr 2.(:'33 ~ y f :_'.83 .:,.bb ,.., Penalt , ' --.........-. -- -------•4=-- I~ ees " 2 OS 88.4b 144. ~ 3 88.46 ---- 4 To to L 89 33 -----....__. 144 .'?:3 E39 33 ~ 6 . 7.78 i Intere~t~.as~of 1t/L1/89 .-3.";% ~ ~ ~- a '-~~- --- F'a i d ' - - .~~~ . . 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( " ~ 7r' 6q 59 59 59 39 59 39m 271.20 71.20 71.20 7.20 6.20 63 67.80 8).BOm 120 m I 1 m y`' O J Q) o -~- T, m ~ m m ~n f 1 'M-- 63 ,e, ,~, S9 59 39 S9 m ~ I ro o ,~ ° wo I •,~r~ o ~ ~ w -~ ~ OJ , N > W o I "' , --~ 7 N - - - - - m ~ i 1 ~ 5 ~~ ~ pill ~ -~ m ~ ~ ~ W I ~ V (~ ~ Ulm ~- m ` E ~ _.~ ! ~ . 83, I _ k ,~ ~ o ~ m ~---' ~ 71.20 )1.20 71.20 71.20 He,.20 6~S 7806)80 120 ~' iST STREET ~ o . Y ~-4 60 6,1 I ... L _ ~, ~ /"~ ~ ~ I ~~~ ' 64 "1 ., m 116 II - 65 65 GO EZ80 67 z - z ~'i ~ o ~ ~ N m, o I - - ~ o ~ ~ f l1 I C ; ~~ CJ1 ~ 00 -J ~ 61 Ul r ° E ~ ~ - O I , ~ ~ ~ :,~ ~ o r~ l I 4 4 3~ ~, v ' .~ i ~ f ~ 64 r~ s N rn • Z , m . m ~ N _ _._._ ~, ~ cae ' - ..i .-.z _ _-._.__ --._ _. _._ ._ 7 v ~~ 54 I B4 _ n_'G4 64 "D ~ - B .30 b 50 m a• N N ~ ~ ~ w .>, i~ i,4 I I _ i 64 k0 64 I 64 en ua SOU ~H ~. ~ ._ - - - -o o A ° ,.. _ _ • IA _ . 1 .- ~ ~ • DECEMBER 11, 1989 MERIDIAN PLANNING & ZONING COMMITTEE SUBJECT PROPERTY PARCEL #69 OWNERS: WAYNE WILLIAMSON & MARY WILLIAMSON 337 Eagle Glen Eagle, Idaho 83616 Attached are names and addressess of property surrouding Parcel #69, within 300 feet, as per tax records. 1 ~ a PARCEL 1. Cecil A. Cherry & Sons 7585 W. Utsick Rd. Meridian, Ldaho 83642 PARCEL 2. Paul & Alice Pack 2 Legals; 1313 W. 4th & 1684 Havenwood Drive 1323 W. 4th Meridian Oceanside, Calif. 92054 PARCEL 42. JOINT CLASS A SCHOOL DISTRICT # 2 ADA/CANYON COOTIES 911 Meridian Street Meridian, Idaho 83642 PARCEL 69 Wayne & Mary Williamson 337 Eagle Glen Eagle, Idaho 83616 PARCEL 74 Larry K. & Jeanne Meek 1432 W. 4th Meridian, Idaho 83642 Ricky L. Smith 1325 W. 2nd St. Meridian, Idaho 83616 Lot 1, Bloc k3, Fram Pleridain Sub. Steven D. & Donna F. Heinrick 214 Camellia Meridian, Idaho 83642 Lot 2, Block 3, Fran Meridian Sub. Calvin K. & Barbara A. Henderson 222 Camellia Meridian, Idaho 83642 Lot 3, Block 3, Fran Meridian Sub. Virginia A. Meyer 230 Camellia Meridan. Idaho 83642 Lot 4, Block 3, Fran Meridian Sub, Donald W. & Sharon M. Todd 236 Camellia Meridian, Idaho 83642 Lot 5, Block 3, Fran Meridian Sub. Rita M. Phillips 306 Camellia Meridian, Idaho 83642 Lot 6, Block 3, Fran Meridian Sub. • ~ 2. Scott Donn & Linda S. Farmer 314 Camellia Meridian, Idaho 83642 Lot 7, Block 3, Fran Meridian Sub. Arthur L. & Sherri McFadden 316 Camellia Meridian, Idaho 83642 LOT 8, Block 3, Fran Meridian Sub. James & Charlotte Marston 1318 W. 4th Meridian, Idaho 83642 Lot 11, Block 3, Fran Meridian Sub. Thomas Wayne Martin 1915 5th South Property address: 1326 W. 4th Meridian Nampa, Idaho 83651 Lot 12, Block 3, Fran Meridian Sub. Ellestine Adina Gutmiller 1326 W. 2nd Meridian, Idaho 83642 Lot 1, Block 4, Fran Meridian Sub. Michael R. Hendrickson 1320 W. 2nd Meridian, Idaho 83642 Lot 2, Block 4, Fran Meridian Sub. Robert S. Lehman 1606 W. 2nd Meridian, Idaho 83642 Lot 11, Block 2, Meridian Wilson Sub. Orris F. Shelby 1536 W. 2nd Meridian, Idaho 83642 Lot 14, Blcok 2, Meridian Wilson Sub. LaDera M. Bloke Greenland 1526 W. 2nd Meridian Idaho 83642 Lot 15, Block 2, Meridian Wilson Sub. Everett 0. & Luella J. Parker 1516 W. 2nd Meridian, Idaho 83642 Lot 18, Block 2, Meridian Wilson Sub. Larry M. & Kathleen Paul 1506 W. 2nd Meridian, Idaho 83642 Lot 19, Block 2, Meridian Wilson Sub, Philip Paul & Denice M. Desilet 1502 W. 2nd Meridian, Idaho 83642 Lot 1, Block 1, Western Sub. Ranae P. Sanders 1434 W. 2nd Meridian, Idaho 83642 Lot 2, Block 1, Western Sub. • ~ ~ 3. Richard D. & Rita J. Westerby 1426 W. and Meridian, Idaho 83642 Lot~3, Block 1, Western Sub. Inaki Lete & Elias & Rose Lete 1805 E. Dewey Ave. Nampa, Idaho 83651 Michail C. & Connie L. Lock 1410 W. 2nd Meridian, Idaho 83642 Mary J. Young Donka 1404 W. 2nd Meridian, Idaho 83642 Gerald N. Phillips 544 W. Cherry Lane Meridian, Idaho 83642 Richard E. ~ Donna J. Newberry 1337 W. 2nd Meridian, Idaho 83642 Michael J. Smith 217 W. Maple Meridian, Idaho 83642 Kerry Larson 225 Maple Meridian, Idaho 83642 Donald M. & Linda K. Dickson 233 Maple Meridian, Idaho 83642 Philip E. & B. Joan Peterson 5160 View Dr. Meridian, Idaho 83642 Mike D. & Shannon K. Gentry 307 Maple Meridian, Idaho 83642 Beverly Ann Patterson & Mildred Pat Wynn 315 W. Maple Meridian, Idaho 83642 George L. & Jacalyn K. Thomason 605 W. 2nd Meridian, Idaho 83642 property address; 1418 W. 2nd Meridian Lot 4, Block 1, Western Sub. Lot 5, Block 1, Western Sub. Lot 6, Block 1, Western Sub. property address: 1336 W. 2nd, Meridian Lot 7, Block 1, Western Sub. Lot 1, Block 2, Western Sub. Lot 2, Block 2, Western Sub. Lot 3, Block 2, Western Sub. Lot 4, Block 2, Western Sub. Lot 5, Block 2, Western Sub. Lot 6, Block 2, Western Sub. Lot 7, Block 2, Western Sub. property address: 323 Maple, Meridian Lot 8, Block 2, Western Sub. • 4. Steven B. Mortensen 1338 W. 4th Meridian, Idaho 83642 Kenneth D. & Glenda D. Koch 1501 W. 2nd St. Meridian, Idaho 83642 Wayne & Mary Williamson 337 Eagle Glen Eagle, Idaho 83616 Danti D. & Mary M. Collins 208 W. Maple Ave. Meridian, Idaho 83642 Fred A. & LaRhetta Becker 218 W. Maple Ave. Meridian, Idaho 83642 DeWayne A. & Marlene Field 230 W. Maple Meridian, Idaho 83642 Jack A. & Pamela G. Murphy 240 Maple Meridian, Idaho 83642 Scott & Karen Gillespie 306 Maple Meridian, Idaho 83642 Ed Hart 316 W. Maple Meridian, Idaho 83642 Lloyd Daniel Oliver 324 W. Maple Meridian, Idaho 83642 Lee R. & Fae Stucker 2530 N. Locust Grove Meridian, Idaho 83642 L`. D.S. CHURCH W. 2nd & Cherry Lane Meridian, Idaho 83642 Lot 9, Block 2, Western Sub. Lot 1, Blcok 3, Western Sub. property address: 1425 & 1433 W. 2nd Lot 2 & 3, Block 3, Western Sub. Lot 4, Block 3, Western Lot 5, Block 3, Western Sub, Lot 6, Blcok 3, Western Sub, Lot 7, Block 3, Western Sub. Lot 8, Block 3, Western Sub. Lot 9, Block 3, Western Sub, Lot 10, Block 3, Western Sub. property address: 334 Maple, Meridian Lot 11, Block 3, Western Sub. Parcel #350 NE4 NE4 EXCR/N SEC 12 3N 1W 1 ~ ~I ~ PETITION~IREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line td include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. i 3. Three-fourths (758) of those persons owning property within 300 feet must ' '+ agree to this-Conditional Use before the proposed use will be considered. F1E THE UNDERSIGNED DO NOT OBJECT TO Wayne & Mary Williamson USING THE PROPERTY or o p e LOCATED AT BARE GROUND, frontage-on west 4thMERiDIAN, Fntt THE PURPOSE OF Sae ~~ ~ s ~ / ~~~ ) & Maintenance building & home if room permits '/,, NAME ADDRESS PHOdVE DATE ~ GiJ ~ 39- 0 9/ 9 -~5~- 8 - s3 9 -l~r %11..~ ~ . ~ 13a0 W. 8 -a96C 9/iyl~ ~~~~~ ~53G,v. ~ ~~-~~ 'l~g~ --- -- ~3~f ltd plc. / R C YGJe ~~D s~'-~y~ /C-3-~' j ~ I(oc9(, W olND n 4 ~ ~{ 3cr~-3og~ /sue ~8"~N~~ I6- g-~ ,~ (~O - Gv ~~ ASS-3~yG /o-9-yq • / lQ' ~ - v to 3I S GiJ ~~'~ 3 3 // ~3 ~.~9 0 ~~ 9 '/-zs~ ~ 1 • • PETITION~IREMENTS: 1. Petitioner moat supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Addcess, Telephone and Date. 2. Supply 20 cc~ies of all required materials. 3. Three-fourths (758) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT Ta Wayne & Mary WilliamsonUSING THE PROPERTY or o ap e LOCATED AT BARE GROUND, frontage on west 4thMERiDiAN, FOR THE PURPOSE OF Five 4 olexs ( 20 units) & Maintenance building & home if room permits // NAME ADDRESS PHONE DATE L 1~ ~} ~ ~ ~ K- , ~ ,~> ~ 515• C n q ~ _~, ,_ ~~ ,, ° i ~ ~ uu~ ~ Sf-Zd ~ 11 Q ~~ ~C/~K ~C~ ~2 .~3-~ sue. ~. $ ~", 5. -I1- £~ ~ ' "~ 1336 c_EJ. a,n~ p i ggg• ~.z ~ ~t• . Z~¢~rn.~u~~ s~~ ~is~ q~f •~ ~. PETITIIREMENTS: ', ~ 1. Petitioner aunt supply a comprehensive list of ALL residences within 300 feet i fray the proposed Conditional Use property line to include Name, Address, • Telephone and Date. 2. Supply 20 rnpies of all required aaterials. - i 3. Three-fourths (75~) of those persons owning property within 300 feet must - ~ agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OB,7ECT Ta Wayne & Mary Williamson USING THE PROPERTY - - or o ape T i P/er: LOCATED AT BARE GROUND, frontage on west 4thMERIDIAN, E'OR THE PURPOSE ~' ~s ~5` ~,v, ~f"s ( a~9-nakts ) 8 Maintenance building &-home if room permits NAME ~ ADDRESS _ ~ PHONE ~ DATE ~ -.S / S ~ - 3 uJ -,~ 39-0 i'i 9"/5~-P ~.8~ ~~/2J ~ ~ ~ /y1' a _ 5.3 9 /~ 8a ~? .~' E3•~~ ~5.30/(l • ~i~-~-f~G ' S S -2 yzC l ~l •~~ , ~3~f ple. ~~~~ w aNo n a ~ ~ ~f 3d.~-3og~ /S~ ~ ~ l10 l GCJ ~~" ~SF~-3~yG /o-Q-yy /~ '1 ~c:A--- 13a: 3 ~,U, y ~ 6igJ'7s"~ X33 /! /s~~J' i. PETITION REMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Andreas, Telephone and Date. - 2. Supply 20 copies of all required materials. 3. Thtee-fourths (758) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO Wayne & Mary Williamson USING THE PROPERTY or o p e LOCATED AT BARE GROUND, frontage on west 4th(~RIDIAN, FOR THE PURPOSE OF Five 4 olexs ( 20 units) & Maintenance building & home if room permits / ,; NAME ADDRESS PHONE DATE ~ soy ~-, °" s ~- y - ~-~ 0 0 ~-°S~' -3~'~3 `l - 8-F19 o~ ~ ~ ~! - -_ ~j_ :_ - ~ n ov 2 I~ / - 7-~ CU~.Q,61ti. << ~~ ,~ 9 - - ~ 33 6Y, /y~~P,IGC u/~1s>~o 9 ~ ~9' \ - S~ -. ~ a ~`~~ l 3 ~ ~, a ~3 ~ ~~ -Z. c ,- - - ~~6 ~~G /P ~ti~~/3yy q - • • RESTRICTIONS AND COVENANTS ATTACHING TO ALL LOTS IN THE CHERRY VILLA SUBDIVIDION. This parcel is situated in the Northeast ; of the Northeast 4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Conrnencing at the northeast corner of said Northeast ~ of the Northeast n; thence South 0°20'30" East, along the east boundary of said Northeast n of the Northeast a a distance of 695.96 feet (formerly South 695.80 feet of record) to the northeast corner of NIDAY'S SECOND ADDITION, which plat is on filed in Book 11 of Plats at Page 594, records of Ada County, Idaho; thence South 89°49'35" West, (formerly Dlorth 89°50'00" West of record)-along the boundary line ccamion to said NIDAY'S SECOND ADDITION), PTILSON ADDITION, which plat is on file in Book 12 of Plats at Page 708, and 4~STERN SUBDIVISION, which plat in on file in Book 24 of Plats at Pages 1498 and 1499, in the office of the recorder of A!1a County, Idaho, a distance of 826.00 feet to the TRUE POINT OF BDGIZ~Il~iING; thence South 0°20'30" East, (formerly South of record) along a westerly boundary of said WESTERN SUBDIVISION, a distance of 194.00 feet to a point on a northerly boundary of said WESTERN SUBDIVISION; thence South 89°49'35" West, (formerly North 89°50'00" West of record) along a northerly boundary of said TnlESTERN SUBDIVISI~1 a distance of 437.28 feet (formerly 437.00 feet of record) to a point on the center line of an extended street known as West Fourth Street; thence North 0°18'15" West, (formerly North 0°02'00" West of record) along the extended center line of said West Fourth Street, a distance of 80.00 feet; thence North 89°49'35" East, parallel with a northerly boundary of said V~STERN SUBDIVISION, a distance of 137.00 feet; thence North 0°18'15" Tnl~st, parallel with a westerly boundary of said V~STERN SUBDIVISION, a distance of 114.00 feet to a point on the extended most northerly boundary line of said WES'1~T SUBDIVISION: thence North 89°49'35" East, (formerly South 89°50'00" East of record) along the extended Trost northerly boundary line of said WESTFFZN SUBDIVISION, a distance of 300.15 feet to the TRUE POINT OF BDGIlVNING. The above parcel contains 1.5886 acres more or less, and is subject to all existing right-of-ways and easements. PAGE 1 • WAYNE H. WILLIAMSON and MARY B. WILLIAMSON, husband and wife. We, and each of us, being the owners of the property comprising that certain sub- division, hereby execute this in strument for the purpose of constituting certain restrictive covenants and conditions to the lots of said CHERRY VILLA SUBDIVISION. The restrictive covenants and conditions herin above mentioned and referred to are hereby enumerated and declared to be as follows, to-wit; ~ It being the intent that every lot owner at the time of lot purchase be given a copy of these restrictions and covenants and it be made a part of their escrow documents. A letter of acknowledgment will be signed by the buyer at the time of escrow closing stating that he has read the restrictions and covenants at the time he purchased his property. RESIDENCES: All of the lots in said developed subdivision shall- be known and described as resid- ental lots. No lot shall be used except for residental purposes, except single dwell- , ing may have a business, but only in accordance with all city, county, and State regulations. No buildings shall be erected, altered, placed or permitted to remain on any lot more than one triplex of one story in height. (Five triplexs and one single family dwelling, total) Single family dwellings can be two story in height with a private garage or carport. Triplexs may have- maxinum of a two car carport per unit. One out building of a permanent construction for housing and maintenance of equip- . ment shall be permitted. Construction shall be compatible with home and area. All construction must be approved by building committee. LANDSCAPING: Landscaping will be done in a professional manner and will be installed within one year maximum from the date of occupancy. Grounds will be maintained in a profess- ional manner. MAINTENANCE: The exterior of any and all buildings and exterior fences will not be altered includ- ing color with out prior approval of 75% of home owners of CHERRY VILLA. All buildings and grounds are required to be well maintained. In case of a sale on one or more units, a monthly fee will be charged per apartment unit for city water., sewer, garage pick up, irrigation, lawn care, street care, maintenance of exterior oftuildings and per- imeter fences, including painting ,roofing, and also keeping of books. Monies will be ~, deposited in a interest bearing trust account. Monthly fees may be adjusted as re- ~ quired. In the event of failure to pay such monthly fees, the balance of the home owners are empowered to-bring an action against such owner for-all payments due plus all costs and attorney's-fees incidental to the enforcement of-this provision. _ Failure to pay for two months is deemed as sufficient cause to_have water turned off. In the event such property is leased or rented, tenants may pay such fees and deduct same from rent. PER~1ITS: Prior to the location, reloacation, establishment or occupance of any home or access- ory structure, the owner or authorized representative shall secure a1T necessary permits to insure that the home is located on site, to standards regulating the structure to a permanent foundation, permanent utility connections and other build- ing requirements. DWELLING COSTS, QUALITY AND SIZE: No single family dwelling shall be permitted on any lot at a value of not less than $50,000, or tri-plex of less than $100,000 total appraised value including real estate, based upon the cost levels prevailing on the date-these covenants are recorded, it being the intention and purpose of this covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can he produced on the date these covenants are recorded at the minumun cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure exclusive of one story open porches and garages, shall be-not less than (1,000) square feet for a single family dwelling, nbr less than (860) square feet per main floor of a two story. TEMPORARY STP.UCTURE: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or .other outbuilding shall be used on any lot at any time as a residence either temporarily or permanent. EASEMENTS: Easements for installation and maintenance of utilities, irrigation and drainage facilities are reserved. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with theinstallation and maintenance of utilities or which may change thedirection of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in theeasements. The easement area of each lot and all improvements in it shall be maintaned continously by the owner of the lot, except for those improvements for which public authority or utility company is responsible. // ~ AGE 2 WATER SUPPLY: ~. ~ Meridian city water will be the source of water or individual water supply shall be permitted on lot if approved by authorities, such system to be located, constructed and equipped in accordance with the requirements, standards and recommendations of the Department of Health of the State of Idaho and Southwest Health District. Approval of such system as installed shall be obtained .from such authority. Wet.1. location approved by Southwest Health District, and to coordinate witf~ other property ( owners. Irrigation system to be installed as per requirements. SEWAGE DISPOSAL: No individual sewage disposal system shall be permitted on lot. All dwellings will ~ be connected to Meridian sewer system as per city code. GARBAGE AND REFUSE: No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other wastes shall not be kept,-except in sanitary containers. All incinerators or other equipment-for the storage or disposal of such materials shall be kept in a clean and sanitary condition. There will be no parking of junk vehicles on any lot.- - The lot owner will be liable for costs and attorney's fees to enforce the removal of such vehicle. PETS: No pets are allowed in rental properties. Property owners may have one pet that is not a nuisance to neighbors. Pet must be kept inside premises or on leash when out of premises. No pen or structure for housing pets shall be built closer than five .feet from any lot line. All such structures must be in the rear of lots. All pets are to be kept in rear of lot. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done theron which may be or may become an annoyance or nuisance to the neighborhood, including noise that is disturbing to nieghbors. Noise includes, but is not limited to loud music, parties, cars, or loud talk, etc.. DRUGS: No illegal drugs are allowed in any form except by perscription of doctor, which may not be abused or offensive to neighbors. OBNOXIOUS USE OF PROPERTY: No fence, hedge or shrubbery planting which obstructs a line of vision between three and six :feet above the roadways shall be place or permitted to remain not shall any tree be permitted to remain if its foilage shall encroach upon the aforesaid line of vision. If such determination is made that any well, fence, hedge or other-obstruct- ion violatedthe foregoing limitations, it may be required that the same shall be removed-at the owner's expense. THE CONTROL COMMITTE IS COMPOSED OF ALL HOME OWNERS: _ - PROCEDURE:- The committee's approval or disapproval as required in these Covenants shall be in writing. In the event the committee or its designated representative, fails to approve or disapprove within thirty days after plans and specifications-.have been submitted to it, or in any event, if no-suit to enjoin the construction has been commenced prior to the completion therof, approval- will not be required and the related covenants shall be deemed to have been fully complied with. TERM: These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of thirty years from the date-these covenants are recorded, after which time said covenants shall be automatically extended for successive period of ten years unless on instrument signed by a majority of-the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. ENFORCEMENT: Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violat- ion or to recover damages. SEYERBILITY: Invalidation of any one of these covenants by judgement or a court order shall in no wise affect any of the other provisions which shall remain in full force and effect. AMENDMENT OF COVENANTS: These restrictions and covenants may not be amended or changed without the written consent and approval of seventy-five % of the owners of all lots with the subdivision. These covenants and restrictions shall bind the. heirs, executors, administrators and assigns of the undersigned. /,~ ,l ~ . ~_ i e CHERRY VILLA SUBDIVISION I have received a copy of and have read the restrictive covenants of CHERRY VILLA SUBDIVISION. Compliance is required, and is the responsibility of the purchaser ~ . of said lot. Said owner must adhere to all city, county and state codes, require- . ments and regulations. I will comply with all requirements-and regulatons for the lot I am buying. BUYERS SELLERS DATE DA E i~