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Hunters Glen RZNOTICE 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 14, 1992, for the purpose of reviewing and considering the Application of ZACHRSON COMPANY, an Idaho Corporation, and WILLIAM D. LEAVELI_ and LUCILE M. LEAVELL, for• a rezone of the North end of East 5th Street, containing approximately 3.05 acres, and described as a portion of the East 1/2 of the Northwest 1/4, Section 7, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, from (R- 8) Residential to (R-15) Residential. NOTICE IS HEREBY FURTHER GIVEN that the Applicants also request a conditional use permit for the above described property for a Planned Unit Development for the construction or a 40 unit apartment complex with a land use density of 13.1 units per acre. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED this~~/day of December, 1991. gMSROSE, FIT2GERALD 6 OROOKSTON AROrnsya antl Counsebra P.O. Bor lZ7 Mer1oIM,Itlallo BJBa7 Tslep~one BBN181 N16, C Y CLERK-K -~~J -- T- -q~;; of YrsasurY l'af{e~~~ 33 E Idaho Meridian, ldahe 83tikG 888.4433 Customers ~ :;~ ;~~ 19 Date Order No. ~ i i Name !~; . ~~ ~ ;-~i:: i.:. , i.. Address Phone: SOLD BY CASH C.0_D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~ / ~ ~~ ~ ,~ ~ J i / I i ~ ~' / I • J ~ ' I I ~re+Y ! .,I ~t l n ~ . I I I I I I e ~~ ~ ~.~~ ~ ~ I 1~ ~ ~. ~ I -r III claims aM rNUrnaA Lo^ds-MU3T.6t aecoeiNniaA'-br Mi TAX ~ ceived_ „~ (~ '~ ~ ~ ~ B y _ TOTAL h ~ cs-aoa.a - _ - ~. v .a~~.E s. r^/jJ Q ~ F~ Z G 1 ~ij ~~ H rrr (Qa~ K C~ h] b O yz g~ fn [N^ s~ r ~.v' m M k rK ~~ r ~ ~ 0 d H zH q r m y~ K IH I IH O I~ o z e ', () ~ z ~ r ~ y ° 8 ro ~i ro ~' o v z 04 ro 3 a+ r 3 H CC9' 3 N ~ 4 z a, H ro H r r ,~ ~ ~i ro O ~ H rza 3 H ~ K K m ro $N 7 ~r+ Y Ce ~ G y ~ ~ ~ r ~7 ~ y Z y Z ~ ro N y Ij ~ + 4l H Q V] Z H H ~ ~ r k ~ o n m ~ ~ O d Z y ~ A n to ro b r ~ 3 y .. a+ b7 Z r H ro H O ~ C ] m I~ N q K I~ Ce H O M m m y N C H ~ C v ~~~~ ~ ~~ °z H W oQ ~ H H .ro ~ rn w r}[e A~ ~Vaz7J ~p H H O [e o IH7 ~ H O Zw ~~~~~~~ g ~ o ~ 3 nn Q1 H ~H y~~~ ~"'~ `r~ ~~~3/Ol ~~xx7~]] [roe ~ ~~ Y~j ~ ~~ H ~% O ~'~y~'J N ?1 fA 'zl v n~ 'S' 4 w 3 x Hy~ z ~ ro~ ~~ R+ O ~ Z r ~~ r N y~ r yH Z ri 4 3 O z N q r m r rn Ir r [[pG~tJJJ N y HG C [~xJJ ~Z H N _ OI~ m C1 C~J ro ,ti w m d DONOVA~' © ~ DESIGN A.+D CONSTRUCTION C ~ MANAGEMENT 3504 Tulare Drive Boise, Idaho 83706 APPLICATION FOR CONDITIONAL USE PERMIT APPLICANT: William D. & Lucile M. Leavell 2484 Sunshine Drive Boise, Idaho 83712 Phone: 336-8082 PROPERTY OWNER: Zachrson Company, Idaho Corp. 30 W. 1st Street Mesa, AZ 85201 Phone: (602) 461-5313 DESCRIPTION OF EXISTING USE: Open vacant pasture PRESENT USE OF SUBJECT PROPERTY: Vacant, has not been used for many years. PROPOSED USE OF SUBJECT PROPERTY: we propose to construct a 40 apartment complex at the south end of E. 5th Street. The propdsed project will be upscale~.and different from the projects in the vicinity. For that reason we n::ci propose to screen it off and make all interior drives private, so a sense of security can be maintained. CHARACTERISTICS FOR CONDITIONAL USE: The size, shape, and location lend well for an apartment pro- ject. Since there are other projects in the vicinity, the impact on the community will be minimal. ~~ °~J DONOV ° N DESIGN .,ND CONSTRUCTION MANAGEMENT 3504 Tulare Drive Boise, Idaho 83706 APPLICANT REPRESENTATIVE: Donovan Design and Construction Management Robert J. Donovan 3504 Tulare Dr. Boise, Idaho 83706 Phone: 389-1402 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USS PERMIT PHONE(208~6-8082 NAME: William D. & Lucile M. Leavell Boise, ID 83712 ADDRESS: 2484 Sunshine Dr. , GENERAL LOCATION: at the end of E. 5th Street To construct a 40 unit DESCRIPTION OF PROPOSED CONDITIONAL USE: ZONING CLASSIFICATION: R-~5 PLAN; A plan of the proposed site for the condiarking and showing the location of all buildings, P loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on The purpose of the Hearing at is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described SUBDIVISION as located at BLOCK LOT NUMBER TO APPLIATION SG#i'!i9 OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Hunter's glen (PROPOSED NAME OF SUBDIVISION) At the end of E. 5th Street (GENERAL LOCATION) (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Zachrsgn.,Cgmpany;: Idaho Corp. (602) 461-5313 (OWNER(S) OF RECORD) 30 w. First Street (NAME) , Mesa, AZ 85201 (TELEPHONE N0.) (ADDRESS) William D. & Lucil e M. Leavel l (208) 336-8082 _ (APPLICANT) (NAME) 2484 Sunshine Dr., Boise, ID 83712 (TELEPHONE N0.) (ADDRESS) Donovan Design & Construction Management (208) 389-1402 (ENGINEER, SURVEYOR 3504 Tulara Dr. OR PLANNER) Boise, Idah (NAME) o 83706 (TELEPHONE NO.) (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. 45 (FEE (ACCEPTED BY:) °~J DONOV " DESIGN HND CONSTRUCTION MANAGEMENT 3504 Tulara Drive Boise, Idaho 83706 APPLICATION FOR REZONE APPLICANT: William D. & Lucile M. Leavell 2484 Sunshine Dr. Boise, ID 83712 Phone: 336-8082 PROPERTY OWNER: Zachrson Company, Idaho Corp. 30 W. First Street Mesa, AZ 85201 Phone: (602) 461-5312 PRESENT LAND USE: Open pasture PROPOSED LAND USE: To construct 40 unit apartment comples with a land use density of 13.1 units per acre. PRESENT DISTRICT: R-8 PROPOSED DISTRICT: R-15 CHARACTERISTICS DESIRABLE REZONE: The adjoining property is zoned R-15 and has apartments. ~~ ~~.~ DONOVP"~ DESIGN ...JD CONSTRUCTION MANAGEMENT 3504 Tulara Drive Boise, Idaho 83706 STATEMENT: This particular site has apartments on both sides of E. 5th Street which is the access to the subsect property. It also appears that the comprehensive plan was to put apartment projects in that area. APPLICANT REPRESENTATIVE: Donovan Design and Construction Management Robert J. Donovan 3504 Tulara Dr. Boise, Idaho 83706 Phone: 389-1402 Bill Q Lucille t.eaVeil GO BOD Donovan 3504 Tulana t3olse, ID 83708 RE: Real Eetate In Meridian, Idaho Dnar Bub. Thie letter is your authod:~ttlon ~ ~~qk ~ r~~4(14~f1~ A~~~i~~ Development on tns props we own in ktent en:•••rl,~r ye,t u,aa rcrtt ti •- attached harOtp. Very truly-youra~ ~' hAertln 2aohoraon f . ~/~ LEGAL DESCRIPTION A portion of the E 1/2 NW 1/4, Section 7, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. more particularly described by metes and bounds as follows: Commencing at the Center of Section 7, T. 3N., R. 1W., B.M., Ada County, Idaho and running N. 0 00'00" E. 1294.00 feet along the Easterly boundary of the NW 1/4 of said Section 7 to a piont; thence S. 89 O1"30" W. 150.00 feet along a line parallel to and 1294.00 feet Northerly from the Southerly boundary of the said NW 1/4, Section 7 to the TRUE POINT OF BEGINNING; thence continuing S. 89 O1"30" W. 367.00 feet along a line parallel to and 1294.00 feet Northerly from the said Southerly boundary of the 1/4, Section 7 to a point; thence N. 0 00"00" E. 365.21 feet along a line parallel to and 517.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to a point; thence N. 89 56"20" E. (formerly described as 5.~9 50~ E.) 366.95 feet to a point; thence S. 0 00"00" W. 359.36 feet along a line parallel to and 150.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to the point of beginning; containing 3.052 acres, more or less. - a lOptionul) HemrdeJ ^ ~' LllcrofJmed ^ y:Ltde:ed ~. ^ 1..i" ~2 i a~~rk PL,[tod ^ IkeJ Card ::.:% ^ Key Pun: hc.l ^ To TrcaauTCr ^ bfnater File ^ .. .. ^pp AhstraCled ^ .pS:-~ _ ~4:f o~ r . WARIIAPITY D1;1 ll ~;8115J4o ,~ >~. ) T _~: t,`r~)}(CARPORATE fORAy .~ "%.,p, 4 t ..~M1:. of Sec- oc ~J .ith u. ,.1 „) Rrantor-Aercby COMVEY9 or CRAMPS and WARItANTB TO ? s ~. -~~~• ~•.2aehre+ov Co.pany =~ . ' ~ ' - a'~` $ rCs. ` { ~ ` 'ti-.. Y[o[i[ SharlnR Truac r.~ r >y%: '2: 4 :: Sao. CHluel,/ Rnntee ;: 01 6o1w ITH/f. SJ 7D'/ ~ for the eum of c .~ ~ PorcY-one [houeand cvo hundred uvuncy and )7/1P0--~--- ---- DOLLARS,' =: the foUawinR Jexribed tnctp) of Lod In Ma -County, ' SLL o! Idaho: See Exhibit "A" SP4 M :4x0. C:a:. C na y I:.eb•n..an+, ••:wu __ 2 ~2lrfr\,t~_..r~ L'.!r.rnyn.,i...~ yzw. ua!~aa:~v.., /J .. CC CLY\[1 ...~f~ Iwn z"...on. ..~,..,, ~f ~~- location of above Jearnbed VreVerty Ileme S.. Sve.~. The oRlcera who ai~n lhia doed hereby certify thin lhi.. d rvl aaJ the trnnsG~r r.'Vnnrnta l thereby was JuIY mrthurin+l und.~r :~ mu.L:tinn Jnl)' aJoVlad by the b.uN of dinvlors of the rnnwr al a lawful merl~ inR July he1J anJ attenJeJ 6y a quorum. In witneaa vher rof. the Crmrtnr has cauneJ ih ru:lw~ratr n:une :w,l ac.d lu Le hernu ntu ulliscJ Ly ity duly authoriteJ ollken lhia ~ 15th day of Apr tl . d. D. 19 Bl Zeclricwn Con;iu:ny ` `~ ~~~••• 1 ((//''CCn POn wiE NAME _ '._{. .-. to ~:~lC ~f •:. <. ~.~_(._-:.'~~t. ... 'r Pp LSiCEM1T .. \ '" SECNLTwRY Stale of IJnhu' County Of AJa - sv ' On the 15th Jay ni .lyril .,\. i~ I7 `I In~rwmnlly nppv:rted L,Tur.. nu~ k.-.~iua 1.1 i. b..l•I~n ;w.l L.,~: ....~. .. whu hint Io' mr :hdy .wwv Jid .:q', r:mh Lrt h:dm.df.:hal hr. Ile• .;,,,1 ....ua I,. i. ~ . in the Preeidval.:nnl n.. •Im !aiJ I .~ ~u r.ru; a rtu. of %n.hrr.ou ~ ,:me ...~ .~ ..cd lh..t :L.•u a:rl funYUinr inr Vnmrnt wn,:'si•mal m la•h:Jf ..f uwi n7e. -:u i.m Ly au1 b~'~n n' ..f 11 rc.~du li•~n of it~'i6~ar~l of Jirec Wr+:uul .:ud k. ;:i••a 1.1 i'.. ~. ~..... ~• : :n.•1 :..... C:.:L Jllly .: ko....1.,Irr.l t., m. tL:.t .. iJ ~.. r::l ~. . `~.1 : . .. Y•1{i..nY CP Zln f. .. toltt~"~i*~ RecorJ¢J 7Lm.hlmeJ Indcxerl } ' L.. 1u~.LY73r56>La+~'x.`c. Y.~f _ ~ is l .. w ,E.C.y >. »~_ ! n ,. J' rs r sif r Be 7 in l 1c Ch South t e f h N h ' ~ ~ fin• g . n og o eas Cotn r o [ e ort vea quarter of the • : T~~ .yjaa td acct loo hithancq ..:: ~;+c• ~ ". ~ y th 00000'00"--6 t :( N L 296aN1 ( h F " ~ ~ ~ _~ J or a • ' , along t e ee[ aaterly buundnry u( [hr _ 'aw>J Nortlwec„ t( O( 91C[}00 7r [u A.~lrtt ChtnrC Ht~.sy k«1 J}~t i [ ou[h 890 Ol 711. Nest'~130 110ylaet `[long a,~.lnq 1;294 00 fee[;t7octherly oC 1"and Parallel. Evtc6'~tha!$okfhetll^,y~tupdar7NO(TCh~.aald NoSFIMgat h oE~Saq ~t3 7 ' f Y ~' 7d l h 'Q e ~' 'v oo to s po nt a IVJ sa pof st baing C o rehl polnCa o( be81nn 1og 4 ,y' thence con[tnutng, 3' -- - .;~~ i •.- t" t .4~ South b9°Ol'70" VeaC 767.00'faet along{ L•lina 7,296.00 feet-Northerly'of~ l %~ ~. :Sr:J Parallel vlth Cho Maid Southerly boundary o[.th~ Northveee~k of Sec- ~+" };'q 6 tfon 7 to • Mlnt thence[ - ~ ~' North O'v10'00" Face[ 277.42 feat along a line 517.00 feat 4¢aterly of nnJ Pa: all¢1 vl[h the cold Fae[arly bounJary of the Northveat !t o[ acct gun - i-'+ 7 to a ryslnc, chencel ' _r}~ ~ " 'North 89001'7^" Enat 767.00 (cot along a Iln¢ Northerly of and Parnl gel with the wlJ Sou[L<rly boundary o[ tha Mur[hvuat It of 5¢c[lon 7 co s polnl, ' [Lance; -' ~Soutb On00'00" Nrxt 277.62 fee[ nlnn8 a Ilnc 150.00 sect Vext erly of Wool Parcel l¢I vl[L tLr xn ld FaeteAy hounJary of [he ::ur[hvext ~t of tivct gun 7 to • Polnt of beglnnl~g. P ed and ex: dote -.- h~~ !I r[' s ~ ,': :; oe, CHi, ~qyc ca _• a7 . Location of abov. The uRscerx w July nuthnrixr.l w ing duly hell anJ . In wilneaa o' duly aulhorixeJ of ;•.a J•I" i- U '. .l ,l ~ r .\ State Of Id>1w ' ' COOntY of •\Ja On the peraonallY nVpenn v~ho Laing by me ix the prcaiJ.ut, m of 2acl foregoing innlrum of Jireclnr+ and .:. a.irh Julr ..lnou :.I ..[ .aha.~q.r .`, v; - /. .. rJ , rnSRTM aT ICULARLY '.; :E 1 NEST aRY OF THE -. aND 1 49Y 00 - JRTHMEST k ry v. ~1rID 1494 00 T 7RTHMEST k ' .0 517.00 rwEST 4 r0: Ir 517.00 nuEST k, s r) 766.95 D IsB.nB •1wEST k nP I,5S1 .41, >terwESl ` B~,S.GG9 DEED~~~y WARItANTY RFFt IV V L ~ R M A lD, FOH UE r : AUBREY K. SMITH AND KATH YN .L SHI /'. . tY+ W -:y it -.. ,. y ;itW r the [nnlor 5. de , hrrd+Y Rnat, Wr[ain, bell anJ conreY unW ~;,ZACNRESON CO CORPORATION -;7'-:` whom curtml addroe V - J Rr ~; ' 1 x• r~•{ x 1 itM 1~EM [nllla ~S Ih[ follnwln[ JacrileJ premlaea In. ... A~ctF~x'~CountY Ida SEE ATTACIIEO RiJER { SUBJECT T0: 1!! GENERAL TA,:ES FOR SNE Y&\R 1981 A.vD SUB5EQUEAT 1'EARS,AN ACCRUING LIQ7. r SPECIAL ASSESSMFJITS OF TIIE CITY Di NERl U1.1.V, IF ANY. ~_ LIENS, LEVICS hVD ASSESSMF.::TS Ot' 1'llh: UAaI'd-MER IU I,•.4 IftRIf.ATION UISTR ICT. kE-RECORDED TO UIk FLIT LL'~:.L 7T1 IL\CE: ,\\Ir 'I'n Ih q.lr iL.~ .,,r'I I-: ":w.,,. •h Ilu ~u :qr,.m b.n:nx.~. ne", rL,~ -+xl I;ranhn 5. TIIEI0. n•in nol n,rrn. n. ..ml I:cuo.,rS do In•,,. ... ul•:. .\ml qr' L: rrn:ml In .1nJ u irh the ~'nJ Grnnl,.-S , ^clr TIx.1' dNi: tl.- .. :. 5 w r... .nuph~ ..I ..,,•1 1•,• a.r,.; tlcn they em Im• Goln ull i1xLmLlanm, F. `:1:F.1"I IINI51-,~•F r!'I'MI.IC RECORU. and Ih:n 7hvY will x.,rr:, nl xx•1 .troa:.l n,. .. u..~ :...m all L,w(nl ,loon. xuals..~c•-r. Ilulr,l; dCGCST :b, IYNI AL'tlREI' R. SN 1'11 1111N1'S 1.. ~;.. Til E' ll~\II,, ,,•1 `. I 1 ,•, TATI , rl . ' r ; , 06711 .L,. ,\t l ~"'p I el ' , r - r . ~. I .. ~ , ":^ ,. - ... I i r , . k. ...l......J i ... I:UIF~ , •~ r"....~ Y;1. .. .I1':G. 14x', y:vWS- a:~„G., :.a P ~ ..~ Lawyan DI. _ L C ~' :, i i ~ / •r./ ../ i 4:. I - ra .. ~-.. .. ... ~- _~•. n PORTIO^ or Trlt r. n';T '. UOP LIUI"51 '-. `.I r:T IU^ 7, IOWUSII II' S l:uv 1H, RArIGE I EAST, COISE-r+fP lnl Ab, GLr. rOVrIT r, IDAHO, I:qP f. Pl.vIIGIIU~P LY DESCRIBED BY METES AHO BOVnOS AS VbL L'-.wS: COMMENCING AT THE CENTER OF SECTION 7 TONNSNIP } NORTH RANGE 1 NEST BOISE-MERIDIAN, ADA COUNTY, IDAHO Ar10 RUNNI Hf. y ~,NORTM 0°00'00" EAST 1,294.00 FEET ALONG THEEASTERLY BOUNDARY OF iME - c.NORTHNEST k OF SAtD SECTIOR 7 TO A POINT; THENCE ,' ~ ~ SOUTH 89°D 1'30" NEST 130. U0 FEE7 ALONG A LINE PARALLEL TO AND 1 294,00 :,- ~~'" 91 "~^?SECTIONR 7HTOLA POI NT )HTMENf,EHECONTI NUINGRY OF THE SAID NORTHNEST k =,'.. ..SOUTH 89°01'30" NEST 367.00 FEET ALONG ALINE PARALLEL TO AND 1,194.00 - FEET NORTHERLY FROM THE SAID SOUTHERLY BOUNDARY OF THE NORTMNEST k .~ _ 1 ~- SECTION 7 TO A POINT; THENCE NORTH U°OO'CO" EAST 137.42 FEET. ALONG A LINE PARALLEL TO AND 317 00 - axlt~ ~~FEET .NESTERLY FROM THE SAID ,EASTERLY <000NDARYIbF THE ~NORiHNEST k.~ "r ~' ~SECTION7'TO 7HE TRUE PORIT OF BEGINNING;.TMENCE~CONT INUING I„1, °~~" NORTH 0°.00'00° EA3T 127.79 FEET ALONG A~l1NE PARALLEL'TO AND 517 00 Sa(i 4'~~ '- FEET NESTERLY FROM 7H.E SAID EASTERLY BOUNDARY OF THE NOR7HNE5T k, Lr ~ SECTION 7 TO A POINT; THENL'E ' ~1 .NORTH 89°36'10" EAST (FORMERLY DESCRIBED AS SOUTH 89°SO' EAST) 366.93 FEET TO A POINT; THENCE '` - ~ SOUTH 0°00'CO" NEST 111.94 FiET ALONG A LINE PARALLEL TO AND 130.00 FEET NESTERLY FROM THE SAID EASTERLY BOVrIDARY OF 7HE NORTHNEST k SECTION 7 TO A POINT; THE]ICE ~SOU1M 89°01'30" NES7 j67.00 FEET ALONE. A LINE PARALLEL TO AND 1,331.41, .FEET NORTHERLY FROM TRH -3A10 SOUTHERLY BOVNOARY O° THE NORTHNEST k - - SECTION 7 TO THE POINT OF BEGINNING. EXCEPT OIiCH ANO ROAD RIGHTS-OF-MAY, /~ ~~. ~,` r'' ~' rrla C••.•ar. 4urm s rm•„». rar. rc•i ~/'Sri u uaU ~/ p y, x•T,.~ e~i.`.nraA R: ;y LR P yulr ~~~,. t h7 YOIt C.U.I Y. I the Rranlor 5, do < :. r ' whose <RrtL.,~e'nt, aJArc +'~grjl',1 the Rnnla 5 the f{ ~ 4 -i Jn;r a ; BCE SUBJECT i0 •' ~, y. LENEBAL IAXES FO: SPEC LIL ASSESSME L1EN5, LEVIES A.':: ~~ RE-RECORDED 1 19 ~{ F ~ 'rn NAL'e A~ • i TIIEIR .. wuh Ihr .~ud Craw ore In.• Lom oll it ~' ' wnl than They wi ~ - Uat,d; AGLCST 16. Lt1L~1~ AL'tlREY K. S.yNI(TII -11f! ul Ib \11~\. u., •,.. ]6Til ti\1'IHY] C. S ` r, i ~~ -- - .i ~ .~ _, LJ ,1L ESTATE PURCHASE AND SALE AGREEMENT . RECEIPT FOR EARNEST MONEY ~• z THIS If A LEWLLY BINDING CONTRAR. READ THE ENTIRE DOCUMENT, INCWOING THE GENERAL PRINTED PROVISIONS ON THE REVERSE SIOE y AND ANY ATTACHMENTS. CAREFULLY, BfFORE SIGNIN~j~~,~ffn^YO~U NArV~E ANY OUEBTIONS, CONSULT YOUR ATF,,OysR~~NfY BEFORE SIGNING. /~ 1 I~l~~ ,mats N9lT. ~ 19 7 ~ A/ ~ G l 1 .. A 5 ~ YYIt<~~I A..-A 11.C Y4 N a p a O Inaranan Ilea "Bupyei) agrees b D rDna . • tns under m b BYf~E.• N 9 p ^~ ry ~ / `.f COmmOnly kMwn ei q• O Itgally Ga riOeE as: ~ a 7 LnYd Wnl IPfION MUST BE INSERTED OR ALHEO PRI01110 E% CUTNJN 8V ELLER. Bupr Mr DY adlwrises dolor l0 insM Ova 'p I M rea nenonews or lncomdeleJ I A FULL ANO COSA ELE AL DESCR sgmnp,w bcarrea lMN launpwn pevwusya e ~ niz signalNalM tWred legal UeKripbnd ma pemiwsll mavaiNDla al lDe Ilene pl 9e II ~ EARNEST MONEY. d rMYC ca.l>•r f.ArlD ArCD NO ~~~~~ana~s b as aerneal mOMy aM a raceiM ~ era0y achnpvAeEgeE E n I. 000SI (al Buye1r -MMDy f YI'Alh ~Sa~ ) eYiCeMBE Dy: D LafD rNna LMtk i~ LaanNla LDKk D Nde DM ^ w O OIMr Y B Is er ro ( UaHrly &ykpr uilq xce aae M all w^NS as anaN M neb Dy O m PI M L up IDS Eamast Mmay b M aposiua b WM aCCW 1 yllrTT_OS` DCL S'J CRl ~BrONII Mr qH MIw1H d IM pamee MralO, arW ~ 16 Ir tl nab me campNtsN eseaua Drpkx'a tppY d bb apaemeM as b roapmsida IOr bs cbsinq. Buyer aM SaWr egrN tDx be earMM maNy INN crMit rep«I Ms, ana irry dD« Buyx1 roab) atoll M rsluMea m Buyer B x x b uY , tl [mGliona Mw Daen nIN Dy (cI I YI IM Kern BYYa w SeYx Nn1101 C0114«^maU HN NM UW m GImIn4bMea DeWIN mair C011tfd. w u -a i m N u rp <rc. a ~r T rnN Comvany MNU prPVla Inb po~iny aM paYmi^W npdt a mmmnmeM a lal Tna vanba aIYN bx . H • tmq~mrm sadmw I cdlsc6on b NvoNea, ben be eurow MIOer sMll M zl egenry" br Nis U enatl b 1 p 1. TOTAL PURCHASE PRICE IS Q ~ ~" Dotuns Is ~~~ ' I up z. ~ Payable N lolbws: CaN Own, irlcluairlp aDOVe Earnest Money (Cbebq CANS are apanionall. zs a. S _ b f ~~ s~ ~ BalanN d Ne purUaN «ice (M.I.P. MI YltlWenl. T6 ! aHrp Wn(5I. FINANCING. Buyer b sewn tlro bYOwYq IuundnY: O FHA. OVA, O Com, O WA, O fmNA O Aasumpbn d NI 2 x . PurcDaN MN pMxweNllNea apwe brapeaad~yNnx~AY Mramum.(II FNA«VA banbwupM, rob ba apMlNnb EW FtNANCINO Ta . la) ^N pwisima m IM reaerN abe Dxed.I Buyx eM1 psY M IMre ban _ pdnb plus «lynauon lee H im/. Sella b pay aMy be aiscouM pointy neuNary M oraer Z9 o0 b aOUN aDOw aaSCNDBa Tmandrp DW nd b sacesa ~- ppiMS. Arry roauwon in pobb sM9 Rrx acdua m UN Mnern d be ^ Buyer OSeMr. (DI G ABBUMPTION. Buyer to ASSUME aM D witl « ^ wiN al M rpubeO b WMiM Ipr an E%ISTING LOANS] d appr«imably f , D T ^ 1, D P O Dul M more Nan _ %wib moMnry paymxns d aPPr°simalelY f sx v Tnb apaamaM O Opus ^ OMa m roquee lAMar ro reMase 5etler's Yep9iry. TYpe d ban Buyer atoll apPry 1« wcn ban or Nmmplen wHHin IDroe (fl DinYl Gaya iHx S<IIeiY acppOnce of bia ipmmanl. _.__ I~ Y_aA,..L1r 9Y.47'tA wD MYIALLIIGn wT~T'Y A41. Y na / I. NTINGENCIES. IF~9yELMLl3`Pw ~ ~WYB~fT~p ~NCY M' dE~ wCMNE1~zi~iELOW, BEE ITEM 116 ON REVERSE SIOE HEREOE. ly D Mme IMO cwullpidMa apply) NI D Nw FNaainglAbwllpbn - TIVS iryssmiM b cpmingaM upon BVysrlal/pruperP/ OuxiM^q M be aDOVe oeKriMa flnanceq. ^ $uDted b ^ FIDf BVDpCI m $aYN'a rnMirpeKy waiver CINN. Icl O Cbsinq d m « Debts YNeO wib ^ Suded p ^ NOT BuejM b $0Yx'a ronDrlgellq' orator chase. t~- . lol Xanar lapxa~ ~] $VDted b N BVDPd b 't CmH P/ waMl dOVN. S. ITEMS SPECI ~C/~;L4VAINCWDED IN THIS SALE lil FHAI VA Iaundrq b Nllplll fei nem a tf m reaarsi atoll: ^YOa HNQ PURneNlf tlleMaY S,we~ryw ~rvs-v..../~ ^~..-~_.-.-~-..-..- _, 11 rpweleO DY MMir « OIMMAN ablea MroN, be Delpw ash wYl M pats as'alakalM. Coeb hb A CMptamry nANm albM Cbabq laN WNI napeel alnapaFl. Mdbltl yaMa 'Sal d. X Tee 1x19 Term EadAY face lxMer d Cea1 ti ~~ yHA / / / SEl ce YWIF EBWST / ~ 'l /i~"' z COSI of lanaar p cape ropairs na m aw W f ~%L-- - Oismum poinu to De pMa N agrNa m w xo aM za. scLl.en unucwar.nuo EOUIRED 10 MA%E RERalgS m UN yyrapwy b oNx m colrmlY wib tlN nouanp roue WHETHER OR w mx as a Mmx d airy city w cowuy inspscpms NE MAY BE a~ NOT A SALE W COMPLETED UNDER THIS AGREEMENT Bz e. POSSESSION. Buyx xNU M eMnNa m poaNNNn m rcaa'^9 O d^er m wnwl ap OamNMS m xbx rKmeO « aeeepia Cry m eaaww open arts plc aiN prpeeeW aM ieMbde b $iMr. Taasa arlp weu~ ax ' " et e mearla be Cburq N nluam9 uw balavMlWeNNNmentNaDNbI•reMa NUreReM enemaFero.elwumuraaN«ppugalidb uwmeOaM Uldpes dun MpmroroO as of s, ~Y~ ~~ . Bupr a1NY paY t« IpN i^ N^I'. mlw^I b De aMwminM DY tM supplNr al SsNi a espnN. Ss 9. CLOSING. On w Mloro tM awu5 O+N. Yupr w~SeYar enN eepoap wnn uN ewYq epsr y all brws aM Ywnlmama Meeawy m ednWN me Nla. ina LQH 2 J se •' . L S - cbMrp mta snN a a titer tlr- AI nol ll I a ~ sa Se er cs E . I 10. ACCEPTANCE. Buyer'a Doer N m.a. wDIM b ms i«.dMw. d Sexer m «Dxdi tq:00 ocbck mbnpM d plc lime apxVMa me adea ExMx Molly aMY a MuMeO b Buyer m aemiM. TIME IB THE $ENLE OF THIS AGREEMENT idd eo l lit I bu agreemrwl w S 11 SM apacllsa Aapxaurdsl. O $ei Mlepllaa LaWllx OMSrIII. 22 QA1Q 11. IMPORTANT -AGENCY DISCLOSURE. w IM lane of syMlq INS agreelMM ba agsM wwMirp wen IM Duyar ropeaxuea I z' ' aw Inc a9en1 wOMlllq wen tM aeNr MpaNMea ~Frl 1_0 ~ • Eacn pBr1Y fi9nNq Ini6 aOCOI11eM anlYm9 mel pbf wnilen feloaure O ager,LT was ppYWBnbN~p~p[~n yna rM pB^Ybble panaKWnnee rein 8lm pbeM1mrbibeCalen~b~dlpN/p~ercy niFeba«e ^10Crf~ye praM6lyrNelv@a. L~M~^V Agel'LY f •~ Lin I ~ $xMrg rwy 1l ~YrG~ IGY~~~.. C` Lf~ _ ~t%~--C~3ZZ ( 7 ~ ~ ~ R r p . gy. IO c ~ Y't~-I PMns: ~ V Wtl. tub s ~_ _. By gayer, ' /1%' 9 M.ara.L~ Buy<r'a Aaresa n Buyer BuyerY Pnms: ReHaaa Bumrross On InN paN. NYI Mrepy.epprae Na aCNf1 tDe NN sm IORn in IDO i0ove igre9miM as agree m terry Dot in IM IBrms Ule/e01 a IM pan OI Ina $e1Nr. /a N I aCMMlwleOge raeeW 01 a INi Copy d V1b agNmeM Lgnep Ddn panNS. IIWe IVrIM ` $elNl"\ ~^ -,Dab: I-i~ a SBller's Mare55: ~ ,' w ~ Dau: ~~~ L $eperi Pnone'. RaswenN Bus~nasz vl-wJ 9~ Sellac A We cWY OI IM bragprlq gmmeM. pgnsa Dy W $Iller arw conumw9 me Iu4 ina COmplxa legal a«npm d IM pem~ws. n nereoy rxe~wa on mn e: eo aaY d 19 - a. Bur«' BeWr- THIS PAGE SHALL ALSO CONSTITUTE PART Of THE AGREEMENT Of THE PARTIES. EACH Of iNE CONTAINED ON THE REVERSE SIDE OF ee 1A THE PfIOJIBION$ PARTIES AC% .OWLf1JGE5 READING THIS AGREEMENTn \FVSL.r~~ n.-n ... ^ ^^^ opal Rcv Noy +r e. ITEMS SPECIFICALLY EXCWOEO IN THIS SyaLe: ~ - 7. COSTS PAID BY: Cons b aaapNn bubN Yana Mbw maY M YIGPree DY Buyx ena SeMr. UMSN pbilwiee iVeea Mrwn. «proabea Dy Nw «rcpuYea q bnpar. Buyer anW pJ[r aMas SeMi a uaaw aaeuM H lOarl Naumplion. APPRAKAL - H appabal is IeWYSa Ysbw, propMy mlrM appaise at ro Mss mN mnuad pits. _ _.._ ~_._. _____._. ...:.:-".~ .......:..... ..u r.. ..Sea ium a IH m reverse sae. ' A'~ENDUM TO PURC iE AGRF ENi • ~'Xstt3iT-- r., In ielerence to Agreement of Sale between ... ............. ..1x1.....gin-M............c....1.,~,c,~ G~....M...,.....hRa:ve:U ............... the Purchaser, and .. ........ - - ' ...............................:............... ...... .......... Q~^~p~__- ......................:....... . the Seller, dated ,-, , ~" ~ ~ ~ ` `~"'~•1-~ ~~-~-••-~~ ..........., covering the real ro e •...... P P rty commonly known as • ~..... r ........:.:.............:..:....:........:...... Q-:.......... t-...~:.1.....~ CS~u:N..~.. aC. ,,,.....-.J`~1!tp d~...•~:.~" St .. M(na.9 . . .. lg~,l ts;]A-..?....W..s{iProk......3-.0.3...Q.~l.~S..,........ • ..................... the undersignetl Purchaser and Seller hereby agree to the following: .. ~ne_.,-.st ~ 1\ ---.._........./_~.~r,.t..r.~.t:~.:~.:~..:.-p-.f...~. ~.... (~LpOax1~4L1N.:....:.....l~r.,~....~~.Q1.~4.T.,..........Y..f(;(,~C,t,1Qk3~...~.!4'f,,. •s':. :.... ~ ^,~...rT/.!t`-::Y1.:~..LI,I...~..~o1.M.lJ.f.l..~.. ^ I ..1....>~... i ~~ .........b~.....P~~Aa.~ut ..2~2et~'t3clj... f.~,:..l,ta.Ck.....~. '1 CI:k,-... ... ...~..?... ~.... ~c(ka~...~¢p~., _~...'•~Y3SrS.T;....kt~....~A~I:Rf~,.~..~f....~Q~....pp..,,A~:R,.. ~ Y - r f .... X,...~.:q.t.~s~ , ~.-.fc..~..y.~A.R.....ark....Med.E...._~~rCuw~nr~:.:.:k~9'.@)'-~€,~~,, ~ ........ :.... ~-..~~a~ ...6~Q..d~....~/B...M:~..... ....... C "'~f k ~ Nt7.f~:..{>t~_a.~l~_a~:'9:wks..V;....~t~!-!:,...f.~4_..a?late.~n ~;~ ~a.. ~,r,~,t•.. Tom.. _ a t .~,~cc.Y«!~_~.~~:fl...R. Qtia,~:~rs :. x ....A .~. s! t.__ ~ 1. ... t - ....... 1 - ., DVS • w`.C.~`..l..N...4R.,....1..9... iA:1.L,c1W.....1.''I,.u..clxTj_-_Q~.reu~nr ad ei r n.. ...- ,. ~"5.,.. NU ~~_ ~ iz... ................................ The herein agreement, upon its execution by both parties, is herewith made an integral part of the alore~ mentioned Agreement of Sale. :. ~~ /, ~c . ,. ? "• _~ C . y .. ._............_........_.Putchaer C, ~ ...... e~ f. c yet ',c/~ " ~ - let ..•_••....••......_.... Pvt[hnser . le_.__..._.._.......Sn4s Wilnesf ._...._.~..__. ............. _..........._ Atenl Wilneii _..... ___ _ FOflM 101.0 ~~-~~ '•-~--~~ I ~. i.l.l __..__.~~~~..~..,.~.,., _._...._... A tnl u.....a.,.~ ............. .... a.....,..u..•_,....~. •. a.......... [..,....,. ..«. InVlrr'uw~uuw~[ • [oxroursu --tlIL(i N,r c~_ _ _ SEr rt6R.5 \ _ __ I - $P ~ I ~ _---~ 8 ~ ~ ~ p~~.° . ; y - ~ '-stkk- __.. - --.---i ~ io! i~ ro ' -20. ISO _1 -I __ ____.__1 (~q uOER°aAVE. .z~- ~ __..._ __ 1 /~ w --y I ,Y i I~ 22. „ 0' /3 {I y /} IS me 23A ~ I BHO~LY „y VL. Z3- M R/D/ N i ---- '- ii -------3~0-- -1 i i ~ I ~ ~ I i - ~' i I .. - I ~ - .~ rec- . _.._- c. ~ a. Ga~l.~, i .e c- ~ •. z t _ b '3 a. __ I I LYON SUB. _ R9- ----~ 3 2 ~., - 8 ,. I _--~"'- -- 1 sei .t'I'"I ~ ~ ~ I ~•t- _~~~'~_ ~ I ~ FS J..j~! _I L 1 ."~ ~_ Jam' ~ 1~,, • f '~ ~ `~c~I i I l l i l~' ~ ~ -fir I T I i 1-,-T-I-T-~•~e 9 a i q. ~/~ I i I I I~~~ i ~ h ~ s T s i o ~E. J 1L;~~ ~b 4~ ~ ~ L~ ~:~ ~ S u Fs 2 lvf:~r~.i r „ I I i ~ z ~~T11~ ~1 lI~~ ~['~ I~I_I 12~ ~~ ,l -1 " i i ea ~e. PINE --- m ~ ti o n° - -- I o !a" •I ~~~ ~~ ~- ~' ; 3. ~ i ,r~i~~~~~~• -~~ -' ~ ~T~-• i,z ~~ T r <I° l I~ \ u 1 _1 1-i._ i ' -' ,,,~,I r7 _T~ r r ~ I ~ ~ ° ~ 1. L~-~ RI i RT l~- In RT 1 1 RT t: 1 ~ ~ t R, ~, t I I z ••a L ~ STRUCTURE SPEC. unit buildings and The structures consit of 11 buildings. 10 living units will Each living unit building will have 4 1 laundry storage building. eS, The living ed units which will be onst rage living units with 4 attched single car gara unit. The laundry be two story except for the 2 handierpliving The livinWillehavel544es1f93andfcontain 4 washer and dryers for the building tenants that do not have there own. The storage space wllcode having maintenance of the development. building They will be constructed as per Meridian city the following spec. Siding: Masonite cottage-lap. Roofing: Composition shingles. Heating: Gas heat and electric cooling- Colors: Light earth tone with matching trim. Brick: To go with the exterior colors. SITE DEVELOPMENT 43 Parking spaces with wheel rest curbs and drainage away from parking and private drive. and as per drawings with a Landscaped as per Meridian city req. community patio area. There will be a wood screen fence around the sides and rear of the development. All drainage on the development will be disposed of on the site. UTILITY WATER: By Meridian City Water Co. from they main in 5th Street. SEWER: By Meridian Sewer Dist. from there main in 5th Street. ELECTRICAL: By Idaho Power Co. The service will be under ground. GAS: By Intermountain Gas Co. FIRE: By Meridian Fire Dept. from a hydrant located on 5th Street and 1 new hydrant to be located in the development. DENSITY 40 LIVING UNITS @1093 sq. ft. PER LIVING UNIT SQ. FEET ACRES % OF TOTAL LOT SIZE 132,945 3.05 100% LIVING UNITS 24,004 0.55 18% GARAGES 10,906 0.25 S% STORAGE 544 0.01 0.4% WALKS & PATIOS 12,744 0.29 10% 43 PARKING SPACES 7,740 0.18 6% PRIVATE DRIVE 28,112 0.65 20.6% LANDSCAPE 48.895 1.12 37% N ea ae' Za' E ]ee.aS' j `EEN iFNCE i t Ntl t ~q3'-1'~ ~ 3 -t * i _ __ __ __ _ _ __ 1 __ __ __ __ ___ 1 i F i UNITS i33- 36 f____--T--l ' UNITS lS7-a0 - I i i ; I V I i ' i I ~ ~ 1 I -~S e I BUILDING 1 ___ ___L~~__~ ~ nY_ -° I 1 1 I I m L__ _ 1_ J I I 1 I I I 1 < N S i ~ a L_ __ I r ,___T -1_ __ I T T--T _ J L_ __ I r -r--T _l_ 1 r___r__T _J I ~~ '~ rv I- ---- ( 1 2- AR I ~ i i I 2- AR I ~ I I 2-~~C""AR 1 i i I 2-CAR t 1 i I N I CAf AGE 1 CAf AGE I PA R NO • GAryeGE CAF~ACE r- - --i I I I I I I I I I T I I I I I I I N ~ F I 24' 1 _1 ~ _1 _1 ~ h - 'I ° I I ` V I ASPHALT PRIVATE _' -. ~ I I N V 1 aTORM DRAIN ASPHµT PMVAIE I I I DROP aAET p~ ~ ____ I I __ T _ __ -T _ __ - T _ __ - T __ __~ } ~ 2-TAR ~ } I 2-YAR I ~ } I 2-TAR 1 yy i T'yAR ~ I CAFMCE I I I I I CARTAGE I I I 1 I GARAGE I I I I I GAIaAGE I 1 I I r-- --~ I 4~~ ~^ f_ 1 L-_~___1 _T_ I L___L__1 _T rWC f_ I L__J___1 _T_ I 1___L__1 I ---- v ~ i j I mAANT I I i UNITS 25- 28 j j UNITS 29-32 j 1 u a I L a< I T I I I I I I I I I N V I I L__ __ __ __ I __ __ __J I I L__ __1__ __l __ __ __ __ N I f I I ~ I ~_= r -i 1 ~ 1 I { CDNCREIE WAIX e' PICNIC iABI[$ ~ ~ F - __ 9TCR4 gl/JN L I 1 I I DaDP pAET ___ __ ~~~__i -~ ASPHKi PWVAIE T4' • I I N s I ~~ I I ~ I I ~ ---- 1 Cp1CRE M / t! CAZEen I ~ I ~ ,~-~6_y~- , ~.. ~ / f __ __ __ __T__ __ __ __ T E-- -- '-- --T-- - - -- --l I I I I I 26~-11' I I I I I I I UNITS NJ-16 I I 1 ~ UNITSI 9-12 ~ I __ I 1 I i I ~~I I I I I I I I I I 1 L_ __;___ _1_ r J I I I ~ _ T__-F__ I I , _J_ T___}.__,_ I J T T T___ __T _ / P 12-CAR I I GAIitACE i 12-I AR I 1 GAt~ACE I I I> PAw~wC SP ZS j 2-~AR CAi4ACE I I I ~ I I ~ 2-fAR I I GAf(4CE I I PA O N- 2 ~ ~ I I I I I I g - __I..-- I I I ~ 5 _1 _1 ~ I ~~ aTORM DRNN ASPHALT PRIVATE lNN1P RAFT 2{• ASPHALT PRVATE ~~ 1 _. (t) - t 1 T I -T T} I P l I r I ~ PAN sr INS r. ~ s I T-YAR i i 2-YAR I • ~ 2 ~AR i ~ 2-~ R i ~~ I GARAGE t I GARAGE I k sues I C CE I I GA CE 1 I 1 I I I I j s I I I I I I I I I tG _ L__J___l _T_ L___L__1 _T a sF f____ __ __ 1 _ I _ I I ____ __ ____l I S l Q D ~ I I I 1 UNIT 1-{ i i R ~ ~ ~ ~ UNITS 5-6 I I I I I ~ ~ NANOICAPPED I I I NANDICAPPED ~ I L I I I I __ __ __ __L__ __ __ __J ~ I I UNIT I I 1 I I L UNIT I L __ _______ _ _ ___ _J _ 6' t e' SCREEN rENCE S ey ql' Sp• r ]e),00' T _ I - _ _ ~~P e' atl1EFN rENGE RNICN ENTRANCE rENCE ~ I _ ~.1J LLB I STRUCTURE SPEC. N 1 SITE DEVELOPMENT Th< structures conalt of 11 bu0tlinga, 10 living unit bu0dinga and L I {3 Parking spaces with wheal real curbs and .drolnage awoy Iron p=: laundry slora9e WROIng. EaM IINnq unit buRElnq will have 4 ~'' ontl Drlvate drive. my units wIN 1 allche0 single cor garages. The IIWnq unlta will ~ LandaeaDetl os Der Mx I01an city reg. and as per drawings with a two Glory escepl for the T Aantllcappad units which wRl be one story. community pallo arse. ~~e Ilviny area will be 1093 e./. per IINnq unit. Tha laundry stwa9e Thera will ba a wood screen fence around the aldea and rear o/ m~ oilOing wRl hove 511 a.l. ontl cantaln 1 washer and dryers for the dsvNopmenl. ~~ ~J DONOVA' ' DESIGN ~,~~D CONSTRUCTION MANAGEMENT 3504 Tulare Drive Boise, Idaho 83706 PROPERTY OWNERS WITHIN 300 FEET Hoover,L~,ynd M. 1318 E. 4th Meridian, ID 83642 Gentry, Allen & Mabel 4595 Shamrock Boise, ID 83704 Sachreson, Martin & Ann R.i? 5000 Chinden Blfrd. Boise, ID 83701 Rockwood Properties Idaho-Oregon, LTD c/o Jack Miller P.O. Box 230 Salem, OR 97308 Overton, Nora B. 532 E. State Meridian, ID 83642 Devco Properties LTD, Partnership P.O. Box 1228 Boise, ID 83701 Chapter 6 Multifamily Conventional Cash Mortgage Purchase Program 6.10 photograph would not be meaningful, the Seller may request a Standard delivery- waiver of this requirement from the Applicable Freddie Mac full underwriting MulnfamllyReglonaloffice®.) package (continued) (u) Title binder or commitment A preliminary title binder or title insurance commitment, which must be dated no earlier than 45 days before the date of delivery of the full underwriting package (The Seller must also provide the discussion of all exceptions to title required under Section 16.2.) (v) Plat of survey A plat of survey, which must show the improvements located on the site and which must meet the requirements of Section 16.4 (In lieu of providing a new survey with the full application package, however, the Seller may provide a previous survey for the Property. If the Seller elects not to provide a new survey at the time of delivery of the full underwriting package, and Freddie Mac issues a Letter of Commitment with respect to the Mortgage, then the Seller must deliver a survey meeting all requirements of Section 16.4 with the final delivery of the Mortgage.) (w) Proof of caning, damage restoration statement Proof of the zoning classification of the Property (such as a letter or notice from the appropriate zoning authority), together with a description of the owner's rights under the current zoning or use restrictions (This description must include a statement concerning the owner's right to restore damaged improvements to the existing size and density if the building represents a legal nonconforming use. Freddie Mac may require the Seller to supply corroborating documentation from the appropriate local authority, acceptable to Freddie Mac, evidencing the owner's rights to restore the Property [~)]•) (x) Building code documentation If required by Freddie Mac, a letter from the local building code enforcement office (or other documentation), which must verify that ^ Any prior building code violations have been corrected ^ The Property is currently in compliance with all applicable building codes 4/30/97 Page 6-24 Multifamily Seller/Servicer Guide Volume 1 2C0 Eosr Second Srreer Mclvlinnville, Oregon 97128 50~-472-9C71 October 21, 1997 Mr. Richard A. Hubbard Vice President, First Security Bank 580 State Street P. O. Box 868 Salem OR 97308 RE: Wmtercrest Apartments Dear Mr. Hubbard: Please be advised that the Wintercrest Apartments located at 2900 - 300 NE Evans Street, IvfcMinnville, Oregon, is zoned R-4 PD (Multi-Family Residential Planned Development). Information regarding setback requirements, height restrictions, and parking spaces for this zone is provided in the attached materials. The improvements and uses on this property comply with the requirements of the R-4 zone. Let this letter serve as notice that all buildings within this complex were built to and inspected according to the Uniform Building Code. If you need further information regarding this property, please ca(1 this office at (503) 434- 7311. Sincerely, ~~ Doug Montgomery Planning Director DRi~t:ral Enclosure Sent by FAY to (503) 399-5339 ~~ ~~ - ~~ ~f~ ~~ ~k~~ ,. ~~~~...,:-s xtEx 3~ ~~ ~8 o-~~~, ~ ~~F~ ~~ +w~wr wrv.rt aM +w.ui rw.•n AM a M ~~ Mf ~ yi[~ M l aa ~ t 7F- ., J M ~~PHASE-1 ~~ w~ - - ~, ~~ ~~~ ~~ ~; _~ ~~ ~Y ~ _ ;_ 1 M LAUNDRY ~_ STDRACE BIN.DY10 1 ~ i`~~R ~..,~, ~%65169 1 Q z~'c ADA r.,..,,-,, I D. rCr~IQY~Y RECORC_,i ByLdl~.x. DEVELO MENT AGREEMENT FOR HUNTERS GLEN a~ 6--U THIS DEVELOPMENT AGREEMENT is entered into by and betwee 8the City of5 Meridian, Idaho ('City'), and Bill Leavell and Lucile Leavell, (°Developer"), on the ~~~ day of July, 1992. WITNESSETH: WHEREAS, Developers are private ci~ens seeking pe,;;;ission frii~T~ Ciiy' t0 develop an apartment complex known as Hunters Glen in Meridian; WHEREAS, the Developer has submitted an application for a rezone and conditional use of certain property described in Exhibft °1"which is attached hereto and incorporated herein as if set forth in full, and requested the zoning of R-8 residential be changed to R-15 and has submitted plans for the subject property as required by the City; WHEREAS, the Developer made certain representations at the public hearing and meetings before the Meridian City Council as to apartment sizes, quality of construction, site amenities to be constructed, off-site improvements for access, and the rental values of the apartments that would be constructed; WHEREAS, Developer is seeking a zoning change of their property from R--8 to R-15 and are seeking a conditional use permit for the construction of Hunters Glen in three phases. Phase 1 of Hunters Glen is currently before the Meridian City Council for approval of construction of 44 apartment units of approximately 945 square feet each, with two bedrooms, 1 1/2 baths and carports, and with anticipated rentals of approximately $530.00 per month, all as more particularly described in their Conditional Use PermR Application. City is inclined to approve the Exhibit °1 ° property so long as it receives assurances that the property described in Exhibit "2° which is attached hereto DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 1. RRJ/sIUD7/13RJ2(LeavellAgreemenq and incorporated by this reference is constructed with the quality and amenities equal to or better than those provided in the Exhibit '1' property. Developer is desirous of obtaining approval for immediate construction of the Exhibit '1" property and contingent approval for construction of the Exhibit '2' property, subject to terms and conditions imposed by City; WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code 67- 6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning land; that the City has not passed a development agreements ordinance, but is in the process of adopting such an ordinance; that Developer was granted a rezone and a conditional use permit based on the representations of Developer made during the rezone and conditional use permit process conducted on Developer's initial Applications; Developer subsequently desired to have the conditions! user rmit changed and requested the City Council to alter the conditions which lowered the standards and reduced the representations of the Developer made pertaining to the Exhibit °1° property; it is the concern of the City that if Developer is allowed to reduce the conditions and requirements of the Exhibit "1" property that the Exhibit °2" property may not be constructed as represented or may not be constructed at all; that rather than go forward with the original development, developer desires to commit to development of the entire parcel of land described in both Exhibits "1" and °2", and does not desire to wait until a development agreements ordinance is passed by the City; WHEREAS, Developer desires the City to enter into a development agreement, even though the City does not have a development agreements ordinance in force: and is urging and pursuing this agreement so that Developer may proceed with its planned development; DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 2. WHEREAS, the City has authority to place conditions and restrictions upon rezoning of property even though it does not have a development agreements ordinance in force; WHEREAS, Developer deems it to be in their best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. The above recitals are contractual and binding on the parties hereto as if set forth herein in full. 2. This Agreement is entered into pursuant to Idaho Code §67-8511(a), which provides for development agreements between municipal governments and developers. 3. The properties referred to herein are commonly known as Hunters Glen and identified as Exhibits 1 and 2. Developer intends to develop the Exhibit °2" property in two phases. 4. The Cfty has rezoned the land described in Exhibit "1' and agrees to process Developer's request for a rezone of the parcel described in Exhibit "2" when application Es made therefore, but does not hereby commit or agree to rezone said parcel. Specifically, City has granted a zoning change from R-S to R-15 pursuant to Ordinance No. 575 passed March 17, 1992 and a conditional use permit for the construction of the Exhibit °1" property of Hunters Glen, subject to the terms and conditions specified by City in its Findings of Fact and Conclusions of Law passed March 17, 1992, as modified by its decision of June 16, 1992 and this Agreement. 5. Developer intends to submit an application for rezone from R-8 to R-15 and an application for a conditional use permit for the Exhibit "2" property. Such DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 3. FRJ/s!r/07/73i92(LeavellAgreemanq application shall include plans for and require Developer to construct apartment units equal or greater in size and of construction quality equal or greater than those approved by City for the Exhibit °1' property. In addition, the application for improvements of any portion of the Exhibit °2' property shall include and require the construction of two amenities. 'Amenities', for purposes of this Agreement, shall mean: (a) the first amenity shall be a clubhouse constructed of materials equal to or greater in quality of the improvements constructed on the Exhibit'1` property and size and type to serve all of the existing residents residing in the Exhibit °1" property and future residents of the Exhibit `2` property; (b) the second amenity, which shall be selected by Developer, shall be either a tennis court or a swimming pool. 6. Nothing in this Agreement shall be construed as requiring City to grant the rezone for the property described in Exhibit °2'. Upon Developer's submission of an application for development for all or any portion of the Exhibit '2' property complying with the requirements set forth in this Agreement, City shall conduct a review and hold a hearing for Developer's application for a rezone of the Exhibit "2" property from R-S to R-15 in accordance with City's ordinances and applicable state law and should City approve such rezone, the requirements imposed upon Developer in this Agreement shall continue to apply. 7. If the City does not grant the rezone for the property described in Exhibit "2", this Agreement shall continue to encumber the property described in Exhibit "2" since the reason that the City has agreed to grant Developer's request for a reduction in the quality, size and amenities for the development to be constructed on the property described in Exhibit "1" is based on Developer's assurance that the amenities would be available for the development of the parcel described in Exhibit "1 ". DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 4. RRJ/slrrU7/13/92(Leav"IlAgreemenq 8. If the rezone from R-,B to R-15 for the Exhibit "2` property is approved and a conditional use permit is issued for any portion of the Exhibit °2° property, Developer shall diligently pursue construction of the improvements approved and amenities required and the required two amenities shall be completed within one year of such approval. 9. That Developer agrees to abide by all ordinances of the City of Meridian and the property described in Exhibits ' 1 ° and "2" shall be subject to rezone to R--B if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, this Agreement, and the ordinances of the City. 10. This agreement shall be recorded in the Recorder's Office of Ada County, Idaho, and shall be binding on the heirs, executors, successors and assigns of the parties hereto, on all purchasers of lots or parcels of land in the property annexed and zoned property, and all persons acquiring an interest in the annexed and zoned property. 11. Developer hereby waives any and all rights it may have if this agreement is declared null and void for failure of City to have a developments agreement ordinance enacted or rules and regulations enacted governing the creation, form, recording, modification, enforcement and termination of development agreements and specifically agrees to hold City harmless and indemnify City in the event that a person or entity not a party to this agreement institutes actions or proceedings to have this agreement, or any part of it, declared null and void, including attorneys fees and costs and agrees to defend City in any such actions or proceedings. 12. This Agreement may only be amended in accordance with the requirements of Idaho Code §67-6511A. DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 5. FRJ/s1v07/13RJ2(Leavelt49~~M) 13. This Agreement shall be deemed a covenant running with the lands above-described and shall be binding upon and inure to the respective successors and assigns of City and Developer. 14. This Agreement may be executed in several counterparts and as executed shall constitute one agreement binding upon all the parties hereto. CITY OF MERIDIAN, IDAHO Rv i1 A. ~ w y ran Kingsford, a or ATTEST: ~~ D~ .~~~ Bill Leavell 0~~~~~ v Lucile Leavell GLEN, Page 6. PMENT AGREEMENT FOR HUNTERS pEV ELF ~,,,a~~ _..,~, .BVe~ae~ STATE OF IDAHO County of Ada ss. On this f~i day of SP TP.:---1,~¢~Y 1992 before personally appeared GRANT KING FORD and JACK NIEMANN, me to be the Mayor and City Clerk, respectively, of the City of executed said instrument, and acknowledged to me that the such the same on behalf df the City of Meridian. me, a notary public, known or identified to Meridian, Idaho, that City officials executed IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,. .c `° , 1 is ~9 ~i ~' - ~ e `~ ~ ' ~' a ~Ce lrpe"e~ ~L' .V i.,.•YNe.n i p • Gi t f ~ ~''~'r Oi• ~ ,~, STATE OF IDAHO ss. County of Ada ) ~U ri7n.vt.GC~- Notary Pu I' for Idaho Residing at: My Commission Expires: •/ a- 27-92 On this I I'' ' day o~~~gL, 1992, before me, the undersigned, a notary public in and for said state, personally appeared BILL LEAVELL and LUCILE LEAVELL, husband and wife, known or represented to me to be the persons whose names are subscribed to the above and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .,, . Not qrPublic for Idaho ~ - . Residing at Boise, Idaho -~ ~., . My Commission Expires: "~ ~ ~,.•~i~'• - '- ~, .( _ .. • ~~••J. c -.; .;: DEVELOPMENT AGREEMENT FOR HUNTERS GLEN, Page 7. RRJ/slr/07/1392(48vellAgreemery) EXHIBIT 1 PHASE 1 LEGAL DESCRIPTION A portion of the E 1/2 NW 1/4, Section 7, Township 3 North, .Ranee i West, Hoise lSeridiaa, Ada Couaty, Idaho. more particularly described by metes and bounds as follows: Commencing at the Ceater of Section 7. T. SN., R. 1W., B.~f., Ada County, Idaho and running N. 0 00'00" E. 1294.00 feet along the Easterly boundary .of the NW 1/9 of said Section 7 to a piont; thence S. 89 01'30" W. 150.00 feet along a line parallel to and 1294.00 feet Northerly from the Southerly boundary of the said NW 1/4, Section 7 to the TROE POINT OF BEGINNING; thence continuing S. 89 01'30" W. 367.00 feet alone a line parallel to and 1294.00 feet Northerly from the said Southerly boundary of the 1/4, Sectioa 7 to a point; thence N. 0 00'00" E. 365.21 feet along a line parallel to and 517.00 feet Westerly from the said Easterly boundary of the NW 1/4. Section 7 to a point; thence N.89 56'20" E. (formerly described as 5.89 50' E.) 366.95 feet to a point; thence S. 0 00'00" W. 359.36 feet along a line parallel to and 150.00 feet Westerly from the said Easterly boundary of the NW 1/4. Section 7 to the point of beginning; containing 3.052 acres, more or less. S7CHIBIT 2 PHASE 2 ~ASEME1tT aad APPROX. ~ lICRES A•tract of land situated in Northeast Quarter of the Northwest Quarter o€ Section 7, Township 3 North, Range 1 East, anise Meridian, Ada Couaty, Idaho, more particularly described as follows: _ Beginning at the quarter corner common to Sections .6 and 7; thence South 88 degrees 35'49" West along the line common to said Sections 6 and 7, a distance of 330.00 feet; thence South 0 degrees 35'09" West a distance of 47.8 feet • to the South right of way of Fairview Avenue, being THE REAL POINT OF BEGINNING; thence _ South 0 degrees 35'09" West a distance of 624.32 Eeet; ~ - thence North 88 degrees 50'48" East a distance of 329.99 feet • to the East line of the said Northeast Quarter Northwest Quarter; thence ' south 0 degrees 34'58" West along said East line a distance of 219.00 feett thence South 38 degrees 44'10".West a•distance of 192.27 feet; thence '• , North 89 degrees 28'20" West along'a common boundary line • a distance of 510.91 Eeet; thence .-North 0 degrees 35'05" East a distance of 351.60 feet; thence - North 88 degrees 50'48" East a distance of 239.99 feet; • thence • North 0 degrees 35'12" East a distance of 624.06 feet to the said South right of way of Fairview Avenue; thence North 88 degrees 35'49" East along said South right of way a distance of 60.00 feet to THE REAL POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF THAT MAY LIE WITHIN THE FIVE MILE CREEK *~ TX STATUS REPORT ** DRTE T[ME TOiFROM 12 10109 13 06 208 336 8162 Mayor ROBERT D. CORRIE Ceun it Memhers [HARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD October 9, 1998 RS OF OCT 09 ' 9(3 13 07 PR['E. 01 PUBLIC WORKS MODE M[NiSEC PGS CMDtt STATUS EC--S 00'22" 001 084 OK HUB OF TREASURE VgLLEY A Good Place to Lire CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 688.4433 • fax (208) 887-x813 Ms. Lynn Darling American Land Title Co. 8050 W. Rifleman Boise, ID 83704 RE: Creekside Arbour Apartments Dear Ms. Darling: LEGAL UEPAR'rMENT (?0x1884.4?64 PUtlLIC WVRKS tlU1LDING DEPARTMENT 1'_0x1 88)-2?II PLANNING AND'LONING DEPARTMErrr curl xxa.ss~? As stated in my letter dated July 15, 1998 to Mr. Mark Houston, First Security Bank, N.A., be advised that the above-mentioned apartmeMS located at 1304 E. FiRh Street in Meridian, Idaho are located on a parcel zoned R-15. The development was approved as a planned unit development under a Conditional Use Permit (CUP) on June 16, 1992. The improvements and uses for the project mcet the requirements of the approved CUP; therefore, the apartments are a conforming use. The setbacks were approved as part of the CUP. As there is no public road frotttage available to this property, from setbacks are not able to be determined. Fifth Street terminates at the entrance to the developmem. The maximum density is 15 units per acre. The property is subject to the terms of the development agreement recorded as Instrumem No. 9263169, records of Ada County, Idaho. If you need additional information, please do not hesitate to cotrtact me. Sincerely, CITY OF Iv1ERIDC-=yG^~'U ~~ Shari Stiles P&Z Administrator HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE ~o , M ,~ CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD July 15, 1998 Mr. Mazk T. Houston, Vice President Commercial Real Estate First Security Bank, N.A. 999 Main Street, Third Floor P. O. Box 7069 Boise, [D 83730 Re: Creekside Arbour Apartments Dear Mr. Houston: LEGAL DEPARTMENT 1208) BB4~0?F4 PUBLIC WORKS BUILDING DEPARTMENT Izoal RR7 ?21I PLANNING AND ZONING DEPARTMENT (208)884-8833 Please be advised that the Creekside Arbour Apartments located on Badley Avenue and E. Fifth Street in Meridian, Idaho, are located on a parcel zoned R-15. The development was approved as a planned unit development under a conditional use permit on lone 16, 1992. The improvements and uses for the project meet the requtrements of the approved conditional use permit; therefore, the apartments are a conforming use. Maximum density is 15 units per acre. The property is subject to the terms of the development agreement recorded as Instrument No. 9263169, records of Ada County, Idaho. If you need additional information or clarification, please do not hesitate to contact me. Sincerely, CITY OF MERIDIAN ~~ C=:yf^;'~S Shari Stiles P&Z Administrator JULY ?, _^'3~ _TEM #i^,I: ^:^<E-TERM;NRT:CN NEA '.^.C• ^q^.- ~~_:NC~ENC:_~. `::-;5sford: :.`~'., ._ to :n`.,,-n yo'., _., .-rr.._^.y, _f yGU choes_ =G, '/:_.. hav? ~he :g~'t tG d p:"e-det?. ,,:nct lCn ~_=.i^_^.S 3t ?:..~i ~~. .`~. ?~~~7-9~ Cefcr°e the "'aycr anC ..ityTCouncii, tc appea>•_n perscr to `Je ;~d~e~ O_1 fa~t~. anG defend tale __a.:i.-:ade t7'y the pity that your rater, ;ewer, anal trasl: biL _~ GeiirG',:ent. "ou may eta.. Counaei. '"his service will Se di_conti,._:ed 0?-ice-9~ unles~r, pair .n fu_.. .~ there ar,ycne fro;n tie paci_,. t`a*. wou'_C ai'r,e t.. contest `_.`?eir «ater, sewer _~nC tras`. ~e:_nc_.=-.c"' "JC respe^:se. The Motion 'we.s made 5y To:_~a ar,d ___..,.ded Sy ,.ies:er to act:-cv_ the tUr^. Orr i_.a Motion Carried: ,^.:_ Y?a: Kingsford: The anour.t cf t`e turn 'hey are here`y infcr~ed t,`.at aay the City reviewed t;y the fourth Ju to Idahc Ccde. Even t~:cugh they Dff. _.r p2c._ .. `ia Je a`e d2C___.... r ..__.a_ ~±st..c. =curt, r~_;._---giant apped_ :`:~ wat e: wi:i 5e shut :'M t#i _ . RP;='RCVE TIME 3_L_S: The Moticn was :Tada Gv To..ma _. .. :ecc-daG _'; "er~inct;,:: „_ jpp~..CVE the ~i _.7. "ot.or. Car.:ed: Ri_ V_~. _T~M k1C. ~_^, ~N ;;ELL `~?~. Eng. S.T,:th: we had Gnf .~'..:dde" Cn WC-:~ ~:fit. '? -.ds wei'B .:p@rc_ a 4:~0 ^. '". en June ~E, ."92 in _~,- - -'--'-_ -. -=tY '-';_. ., .ate.. nJ1 BTar:n and T'yso f. The iCw Oidd B"' _. - ece" ~ - __'..:y inc. of 3e:se, :dahc. There were three sc.`:ed~~les to this SiC. ~_h2du'_e A was ca~ie tool dri::ing cf the we.i; Schedu;e 3 Nas ~•eve. ~~ -°ot ~, -y _riil:^:g cf the wei:; and __..___le _ was =r___.^.g `ave r_c~.'ed `nom theT .cloy _. ~bcres - ^~'-r cr~arce and a~, rp...a f~ .'ate -` a:~.: f'.C3, ?` tNe cn - _ _ _ , .- - _v. _ -- a . _ _ - ` ~ _ .... .-. u - - . ~-'. B MERIDIAN CITY COUNCIL JUNE i6, 199c PAGE 10 Jon Barnes: I'm here in answer Basically Tract #2 is 44 lots, Meadowgrass, a Collector further coming off. We are also making Soseph Elementary School. We dig ycur engineer felt that it was a City's needs. any questions you may have. we are just continuing E. west and those other streets a paved walk path into Chief i move the original well lot, better location to serve the The Motion was made by Carrie and seconded by Tolsma to approve the Final Plat on Tract Subdivision #2: Motion Carried: All Yea: ITEM #7: FINAL PLAT ON ONE SUBDIVISION #3: N.ir.gsford: Any questions? Carrie: Gary had a comment on Lot 14, Block 4, minimum was 70 ft. and I believe it was 69.34. Max Boesiger: That catches me by surprise. If that's the case I would think something that small we can fix. The Motion was made by Carrie and seconded by To'_sma to approve the final plat on Dne Subdivision #„ with the adjustment of lot line of '_ot 14, Block 4. Motion Carried: All Yea: ITEM #t3: HUNTERS GLEN RRDJECT: Fred Shoemaker: Passed out site plan to the Cour.cii. The site plan far Phase I shows how the 44 units will tie in with what we cal: Phases II and III. At your March 17th meeting you approved the r=zone that was requested for the three acres that comprises Phase I and also approved a conditional use permit for a forty unit project. We came back to you with a forty four unit prpjeCt, which is an increase in the density of the development on the order of 10X and I submit to you there has been no reduction in quality of construction. or amenitie=_. This project wil: earn rents up to 5530.00 a month and up by anybody's definition think it's fair to describe it as an upscale, first class apartment project. Gave brief history on owner's history. (See tape` - The Le=yell's are prepa:•ed to sign a development MERIDIAN CITY COUNCIL JUNE 16, 1992 PAGE 11 agreement saying that the quality of construction will be equal to or greater than the quality and size of the units in Phase I and they are prepared also to promise to construct two amenities, a club house for certain and either a swimming pool or tennis court;. I will be happy to answer any questions you have. Kingsford: 'We've just got this development agreement today, but a couple of things that jump out at me was, first the issue of these two amenities, if doesn't stipulate in this agreement what they might be and you could call_ an amenity about anything. Also, item #4 on page 2, we are talking about a prime new development then it wouldn't be appropriate to give it that R-15 <-one. It should be a part of this planned unit development. Shoemaker: I wasn't sure that you would want a development agreement and I was just thinking about the basics. Kingsford: Last meeting Mr. Jones was here and eluded to a couple of things. One was that phases II and III would have the size units that you had talked about originally and certainly the amenities were addressed but they ought to be something certain. Shoemaker: I think it's fair that you might want the amenities specified. If you go this direction I hope that you won't require the developer for later phases, again, all that's really before us is Phase I and we are prepared to sign some type of development agreement far Phases II and III. Kingsford: I don't have a problem with either one but it doesn't speak to either one in this agreement. Any other questions that the Council may have? Giesler: We met with Mr. Leavell and the necessary people to help out on this project, I had asked for some information on some different projects in Soise or surrounding area that would be equal to what their plan is and I just want to ask them if Phase I will be equal to or better than .what you have down on this proeosai. Am I correct? Leavell: right. Those will be comparable to what we are building, WOUld just like to say in looking at the ones I could were very nice and I was quite impressed with those ~.;r.g_=_.rn: "^y assum pt icn is that you will have some teght. _,~~_~___,__. _ a'on5 '_he 'in. of covenants that will be pretty Giesler: I find, they p••o;ect s. MERIDIAN CITY COUNCIL JUN[ 1G, i992 PAGE 12 Shoemaker: Yes. Tolsma: The meeting we had with the people here at City Hall, there was a mention of after Phase II started that the entry way into Phase I would be closed. Did I misunderstand that? Shoemaker: Initially the primary access for Phase I is to the south. There will be an emergency access easement for Phase I over a graveled road to Fairview qve., it will be gated at the north border of Phase I just to make sure that it's used for temporary access only. As soon as there is any development on what is called on that site plan Phase II and III, there will be at that time an additional access provided either through Fairview Avenue on a permanent basis, but probably to the west, there is an existing right of way that abuts up and runs into what's called Phase II a fifty foot right of way that would provide access to 4th. Kingsford: Any other questions from the Council? No response. Are you prepared to make any kind of decision? We need a motion. 1 would suggest to you if it is your desire to approve of this that you should condition it upon re-examination and approval between the Leaven's and the City with regard to the Development Agreement. The Motion was made by Giesler and seconded by Yerrington to approve the Hunter Glen Project changes from 40 to 44 units and that a Development Agreement be agreed upon between the Leaven's and the City of Meridian. Motion Carried: All Yea: ITcM #9: ORDINANCE #~79: FINAL LID ASSESSMENT, TERM OF LID AND INTEREST RRTc: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, CONFIRMING THE ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 90-1 EAST FIRST STREET RECONSTRUCTION PROJECT, LEVYING ASSESSMENTS AGAINST THE SEVERAL LOTS AND PARCELS OF LAND AS SHOWN ON THE ASSESSMENT ROLL, PROVIDING FOR THE PAYMENT OF ASSESSMENTS IN INSTALLMENTS, FIXING INTEREST AND PENALTIES AND PROVIDING FOR THE PAYMENT OF SUCH ASSESSMENTS, INTEREST AND PENALTIES INTO LCCAL IMPROVEMENT DISTRICT N0. 90-1; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #579 read in it's entirety? No response. LOUIS H. cosNo HOWARD HUMPHREY RK:I/MD H. DREENER R. MK.YUEL SOUTNCOMBE SMNLEY W. WELSH MA% A EHNIi RANDALL G RiEDRN:KS FREDRIC V. SHOEMAKER CHRISTOPHER BVRKE RORY R. JONES STEPHEN J. OLEDHILL JOSEPH M. MBER DNAD M. PENNY BRIAN D. THCIglA4 ROBERT W. TALBOY JOSEPH W HOLLAND KATHRYN A BTICKIEN WILLUM M. IDOMIS CRISTY M. CONE SCOTT TSCHIRDI Mr. Wayne G. Crookston, Jr. Ambrose, Fitzgerald & Crookston 1530 West State Street Meridian, Idaho 83642 Re: Leavell/Hunters Glen Dear Wayne: Q ~~ ~~~~~~~ ~ Enclosed. please find a proposed draft of the Development Agreement for Hunters Glen which is again under consideration before the City Council tonight. The city Council indicated that a development agreement would be required for this project. The legal descriptions are not attached as exhibits, but will be on the final one. This Agreement is relatively short and straightforward, but I believe it satisfies the requirements of the new statute. A ly, FVS/slr Enclosure COSHO, HUMPHREY, GREENER & WELSH, P.A. COUNSELORS AND ATTORNEYS d I.ANI CARNEDIE BUILDING 313 VYEST WASHINO'ION STREET BOISE, IDAHO 83702 ' lE1,EPHONE (303) 4~4181t MLE CLEMONS (1811 - 18331 OFFICE ADMINISTtUIOq BUD BENIpN FA% (438) 33&3280 ~ 7u/lL~s AMERICAN UW FIRM ASSOCIANON . N\ G ~~VV /~ / ~0 D p~ June 16, 1992 T~ V' ~'~ dvalr,~ ~~Q~ VJ Shoemaker cc Bob Donovan w/enc. Bill Leavell w/enc. Jack Nieman w/enc. Post-It'" brand fax transmittal memo 7671 a of pages ~ n Frog Je: ~ W ,~-~ 2 A G E N D A MERIDIAN CITY COUNCIL JUNE 16, 1992 ITEM: MINUTES OF THE PREVIOUS MEETING HELD JUNE 2, 1992: 1: PETER COVINO: TABLED AT THE JUNE 2, 1992 MEETING: 2: PUBLIC HEARING: PRELIMINARY PLAT ON APPLEGATE SUBDIVISION: 3: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT ON MAWS ADDITION: 4: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY JOINT SCHOOL DISTRICT: 5: FINAL PLAT ON SUNBURST SUBDIVISION # 3: 6: FINAL PLAT ON TRACT SUBDIVISION # 2: 7: FINAL PLAT ON ONE SUBDIVISION # 3: HUNTERS GLEN PROJECT: 9: ORDINANCE # 579: FINAL LID ASSESSMENT, TERM OF LID & INTEREST RATE: 10: DEPARTMENT REPORTS: COSHO, HUMPHREY, GREENER & WELSH, P.A. lDlpB N. COSHO pOl/NSElDR8 AND g1pRNEyg R LMN dLLE CIEMONS (1W t -19831 IIDNLLRD M/MPNREY RICNAIID N. GREENER CARNEOIE BUILDING 0. MICHAEL SOUTNCOMBE Bt6 WEST WASHINGTON STREET OFFlCE ADMINISfi1A1pR SPNLEY W WELBH BUD GENION µLX A, pppl BOISE. IDAFIO BS/02 RANDALL C. f7iEORICI~ TELEPHONE (3O9) 3s~-18H FREORN; V. SHOElAA1G:R ~ CNRI610PNER BURID: Rae133B.8?90 110RY 0. JDNES BI>EP1/BT 1 GLEDlIILL JOSEPH M. METER A T LEA DAYID M. PENNY ~]j.~j'y9 aTrAN a N9:Na AB May 2 8 , 19 92 ANER/GW [.1W F/qM RoBEflr w TALBOT , JosEPN w NowwD waw+TN A. SNCq.EN WII.I.U1L1 M. 1.00M18 CRIS7Y M. CONE ' BCOTf TSCHIflGI ~/~~\ Mayor Kingsford 'I~ :~. Members o Meridian City Council -- -i Meridian City Hall Meridian, Idaho 83642 Re: Hunters Glen/Bill and Lucile Leavell Gentlemen: Enclosed please find the materials we put together regarding upscale apartment projects in Boise, which you can compare with the Hunters Glen project we have proposed for Meridian. We apologize up front that we did not have the material to you earlier. We were not able to meet with Councilman Corrie until Friday, May 22, 1992, and did not put the materials together until we were sure that we had talked to everyone and found out what additional material they would like to see. We believe these comparisons show that the Hunters Glen proposal is actually superior to any of these projects. As we have tried to emphasize, Hunters Glen will be built in a townhouse format which is much more appealing to upscale renters than the traditional apartment building approached utilized in these projects. In addition, the stucco and self-contained nature of Hunters Glen enhance its appeal and make it superior to these Boise projects. The issue raised by many of you in addition to the quality of the project has been Mr. Leavell's commitment to phases 2 and 3 if phase 1 is approved. I do want to remind you that when you first approved phase 1, Mr. Leavell did .not even own the land on which he is now proposed phases 2 and 3. We are hopeful that you would approve phase 1 without any consideration being given to phases 2 and 3. Nevertheless, Mr. Leavell is willing to put his commitment regarding phases 2 and 3 in legally binding fashion. As you know, construction of phases 2 and 3 will be governed by the Mayor and Councilmembers May 28, 1992 Page 2 market. At this point Mr. Leavell is committing in writing that phases 2 and 3 will be projects at least as nice and with at least as many amenities as included in phase 1. At least two amenities (consisting of a swimming pool, clubhouse, tennis court or other recreational activity) will be built in phase 2. In addition, you should know that Mr. Leavell paid substantially more money for the property involved in phases 2 and 3 and therefore, has every incentive to maximize his return on that investment by pushing the projects and the rents to the highest end of the market that can be financed. In return for his commitment regarding phases 2 and 3, we understand that Meridian may be willing to contractually zone at this time for phases 2 and 3. In that way, while Mr. Leavell is submitting his commitment regarding the quality of phases 2 and 3, he is also getting assurances that he will be allowed to build phases 2 and 3 so long as he lives up to his commitments. As we have advised you, Mr. Leavell has a substantial amount of money tied up in the project and would like to get before the Council for potential approval as early as possible. We recognize that it is our own delay in providing you the packet of materials on the comparables which has resulted in some delay. We would like to be on the agenda at the first opportunity after Councilmembers have had a chance to review the material provided. If that is Tuesday, June 2, 1992, we will be prepared to make our presentation at that time. If the Council would like until Tuesday, June 14, 1992, to review the comparables, we are happy to hold off until that date. Simply advise us and we will comply with Council's wishes in that regard. Very truly yours, Rory R. es RRJ/slr cc Bob Donovan Bill Leavell ~.~ ~ gX' ~ g~'~ n o ~~ ~ w O1 O m d w 3 0 O m w m ~g ~g ° ( 7 O P1 0 d~ j ~ 1 m N N aw 'p v N ~ 1° g n gA ` ' ~ ~2V ° ~ , 7i~ Q6 amv 3 a v '~' 0. ~ w~~ m o 0 ~ w N ~ N S 0 N _ N S'~() m $ Nc0 ~'grv' ~NNN rng~'~ ~a 0 ~ ~ ~~ a ~ ~ Vo. p'+ -w 7 p O~~ .~. 7N ~m~ ~ 3 ~ m nw.r c m N m m N ~ ~ o m p m 'n N-' v ~ 0210 j N~ N _ ~ pO + C S, 'J~' • N m O O NF ~ g~ W W a ~ [ANOD m g U fA~~~ A p 0 ~ ~ W-1 C1 NO m 3 m a~ a- a-.O C ACtp ~ N ppa, BS;.. N C ~ ~~ (/~•ff bj ~N O 7C~Ny w ~ OW, ~ N Ny ~ I ~ flj ' cpNN o N ~o~m w~mN w o $ ~. 'z 3 e ~ V 0_a ~ S N o ? 8 nx o c ~nw tNO (~iN f WOO 3~ QQ ~~b~ cnQ ~ aw to .o m m Cpl ~ i ~ ~.~Z ~ C O 7 .y ~ 1 ~ ~ ~ W ~~n p fnNp4i OHO N ~Y rN NS,Z JJ C aw ~ 3 m c2. w $ o A y S ~ W O N m COMPARABLE NO. 1 x a }l. ~~yi1llNiy .gyp, va..~...... _.. \y. ~. 5 .1: 9.1..'.~"~' `M.' I' n { h 'i ~~' ~, 4 ~f 1 COMPARABLE NO. 2 (..,API,RABLE NO. 3 COMPARI~BLE NO. MERIDIRN CITY COUNCIL MAV 5, 1992 PAGE 3 Eng. Smith: I haven't seen the water and sewer plans yet. We had a preliminary alignment on the preliminary plat coming through that area. Rt that time that lot was designated as a drainage retention pond lot. It wasn't designated as a buildable lot. Collins: That's still our intention at this time. Eng. Smith: If we have the sewer line right through that lot we have to have access to it. ~ Kingsford: What's the depth of that sewer line? Collins: Nine or ten feet. Eng. Smith: If it's twenty foot I think we can work in that. I think we'd make some special requirements there in terms of the type of pipe that is to used and the fact that it crosses under Nine Mile Drain, it's going to have some special requirements there. Collins: It's all concrete and cased steel underneath the Nine Mile Drain. Eng. Smith: We'li dust have to make sure that on the final development plans that that sewer line is adequately taken care of for o~.ir future maintenance purposes. Discussion on right of way - see taoe. The Motion was made by Tolsma and seconded by Corrie to approve the Finai Plat an Haven Cove #I subject to the City Engineer's review of the lot for drainage and sewer line and also for the ironing out of the street section with our Engineer and the ACRD. Motion Carried: A11 Yea: ITEM #6: REQUEST BY DEVELOPERS OF HUNTER'S GLEN FOR CHRNGE IN FINAL DEVELOPMENT PLRNS FOR THE PUD THAT WAS GRANTED: Rey Jones: I'm here on behalf of Bill and Lucille Leaven on the Hunter's Glen Development Concept Plan. Unfortunately the bank which was financing this oro,ect retained an appraiser that chose to 0o beyond t`;e standard appraisal func *_:on and to provide MERIDIAN CITY COUNCIL MAY S, 1992 PAGE 4 comment on the financial viability of the project and as a result of that, First Interstate Bank is no longer with this project. We are back with a small redesign project. There will be bank financing for this project and we are working with West One Bank at the time. There has been a small redesign of the project to satisfythe concerns raised by that appraiser. Minimal changes are laid out on page 2 of that April 2B, 1992 letter. This is still a first class project. We have asked for a small increase in density from 40 to 44 units which is still consistent with the R-15 zone. I will answer any questions you might have. If this project is approved ground will be broken immediately. Vou'il see that two additional phases are contemplated, it's the intention to upgrade phases two and three to the same standards as wer^e in the original conditional use application once he successfully fills phase I and moves on to phase 2. Giesler: All these items, they are basically Just to cut some costs The swimming pool will still go in in phase 2? Jones: Yes. Kingsford: My concern is that if we go ahead and approve this we are basically endorsing that kind of appraisal which I think is inappropriate. It seems more appropriate to me to have someone else appraise it. Obviously West One is going to want to have an appraisal and it seems reasonable that some other appraiser do that for you. Jones: I fully understand that. The croblem is in the development committee we are now between a rock and a hard place. This project has been appraised and lt.'s generally known in the community. The reality is any bank we qo to then are going to know that this thing has been appraised and defaced with that same appraisal even though it's not ordered and paid for acain by Mr 'eavell. I think you know from the correspondence he sent what he thought of this appraisal and we're going to be pursuing his remedies with First Interstate Bank for the charges for what this fellow did. The problem is if yo~~_~ take that approach Mr. Leaven is the one who is the victim rather than First interstate Bank which :s responsi bie for this. Kingsford: I'd suggest to you that the City of Meridian :s as well the victim. MERIDIRN CITY COUNCIL MAY 5, 1992 PAGE 6 Kingsford: So another bank is not going to ask for a different appraisal? Donovan: They are going to ask for a different appraisal but that first appraisal is still there. Every bank in town knows a6oiit that appraisal. Tolsma: Had you considered those impact fees? Donovan: Yes we are going to pay them no matter which way we go. We've planned on putting the amenities in phase II because we want to put a pool and a club house. We have also widened the roadway coming from 5th Street all the way through to Fairview is going to be 30 foot back to hack instead of the narrower roadway, it's clear through that way. Kingsford: ps I sit here I can think of a lot of projects that were approved with all kinds of good faith that weren't finished and so if we approve this tonight, what we are talking about is a down grade version that if the second phase isn't built there are no amenities. Donovan: The land is already purchased for the second phase. Kingsford: I've seen land purchased that has changed many hands too. Cowie: It seems to me that if the scenario is correct of what he says, i don't think it is, that your second and third phase is going to be abutting the same thing your abutting now. Donovan: No we have our first phase is going to be the buffer. See your real problem is Washington Square which is what we abut with phase I. Phase II and Phase III are going to abut phase I, so we upscale From Washington to Phase I and upscale again from phase I to phase II and II1. One of the buildings is the same as originally it's got the handicapped units and the garages the same, it didn't change. Giesler: I guess I don't understand the appraisal, if it appraises for what you can build it for then why don't you build it. Kingsford: I think what I'm hearing them say is it appraised at that but they won't give them the money. Donavan: That's right because of the write up that he gave. MERIDIAN CITY COUNCIL MAY 5, ]992 PAGE 8 Cowie: I am like Bob I was excited that we have a project that was upgraded ar.d I still think it should be uporaded. I don't like what they said either. I personally don't think that we should approve a down-scale. i think we should have as high of standards in Meridian as anywhere else. Tolsma: I believe I'm in the same voice with the=_e people. if we approve this thing then we are saying what he said wa=_ right and i can't go along with that. Jones: Mr. Leavell can't get financing if we don't approve this project. In tt':e future you will have 2/3 of which are in the upscale fashion that were approved the first time around with a buffer and it's going to be a fine amenity in the community. The reality is that Mr~. Leavell is not going to be able to afford to stay in the thing, we can't get financing that's bezn exhaustzd. I respectfully request that this is the way for the City to uo and prove this fellow wrong by allowing this project to succeed successfully. Kingsford: I understand where your coming from. I just have a real problem rolling over on that appraisal. Dick Falk: I am a real estate broker at White R:zdel $ Co. ar,d I assisted Mr. Riedel in finding the property that we brought before you to try to p~-rt together the oricinal project. I think that a statement is being made here that the project that we are proposing now is a down-scale. Wel_ tt really ,.• a down-scale. it's a down-scale in square footage, the quality of what is going to be built is going to be a very attractive unit and will be much nicer than I think proba'~ly anything tyat is being p:-rt up right now in Meridian. The problem that the appraiser had is that the average rents in Meridian ;`or m_;it: dwelling were in the mid three hundred dollars a north range, It was a rea'_ gulp for this appraiser to analyze Me.-t~ian and state that we could almost doub'_e that figure in order to put thi= project together. The knife has stuck and it's in, and what they are stating is that we don't really feel that $°25.00 a month it Meridian is a rest that is going to be receivable. Tt;e bank now is stating that if yru can design a ~~nt!-. that yon., :_a^ ~~_,;'~ i^ that particular price ~~ange then we will definitely go a_ong wiry it beca"se that's where the appraiser ha=_ Ind i-=a`?d what the -ert faCtOrS are here in Meridian. Fur~'he"' - See taGe - April 29, 1992 MAYOR COUNCIL MEMBERS ATTORNEY THE DEVELOPER OF.TIiE APARTMENT COMPLEX KNOWN AS HUNTER'S GLENN HAS REQUESTED A CHANGE IN THE FINAL DEVELOPMENT PLANS FOR THE PUD TEAT WAS GRANTED: UNDER 9-607 F -E AIIY CHANGE IN THE PLAS MUST BE APPROVED BY THE COUIQCIL (SEE ATTACHED): ALSO ATTACHED IS A COPY OF THE CHANGES THEY ARE ASKING FOR: THIS WILL BE ON THE AGENDA FOR MAY 5, 1992: JACK idIE:~fAivN CITY CLERK 9-607 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 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 or 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 by more than ten (10) percent or increase the gross density of the PD. 7. Bonus Density - Developer is responsible for documentation of 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: 1) Landscaping - Streetscape, open space and plaza use of existing landscape; pedestrian and bicycle ways and recreational areas; -32- COSHO, HUMPHREY, GREENER & WELSH P A LOUIS H. COSHO HOWARD HUMPHREY , . . COUNSELORS AND ATTORNEYS qT LAW RICHARD H. GREENER CARNEGIE BUILDING DALE CLEMONS (tBtl - 1883) R. MICHAEL SOUTMCOMBE - STANLEV W WELSH Bt5 WEST WASHINGTON STREET MACK A BEDFORD MAK q. EIDEN RANDALL C. FREDRICKS BOISE. IDAHO 83/02 . OF COUNSEL FREDRIO V SHOEMAKER TELEPHONE (2pe~ 3q~.Ten CHRISR7PHER BURKE RORY q. JONES OFFICE ADMINISTRAIDR STEPHEN J. GLEDHILL BVD BENTON JOSEPH M. METER DAVID M. PENNY FA% BRIAN D. NICHOLAS ROBERT W TALBOY Ap ri 1 2 8 , 19 9 2 ~~~ ~-~ JOSEPH W HOLLAND KATHRYN A. STICKLEN WILLIAM M. LOOMIS CRISTV M. CONE Mayor and Members of City Council City of Meridian Meridian City Hall Meridian, Idaho 83642 Re: Hunters Glen Dear Mayor and Councilmembers: I write on behalf of Mr. and Mrs. Leavell, the owners and applicants for the Hunters Glen apartment project which the City has previously reviewed and approved. As I understand at least some of you have been informed, the Leavells have been thwarted in their efforts in obtaining financing. The asserted basis for the bank's reluctance to provide a loan for the project as originally designed is that the project rents are too high for the general market and in particular, rental rates charged by the lower income project located immediately to the south. Needless to say, the Leavells are very frustrated with the bank's position and continue to have every confidence in the ability of their project, as originally designed, to find a market and yield a profit in the City of Meridian. However, the sad reality is that without the bank's blessing and funds, the project cannot be developed. As a result, the Leavells redesigned the project to the bank's liking and the purpose of this letter is to seek the City's approval of this redesigned project. Specifically, we understand it will be necessary for the City Council to again review the project and reissue a conditional use permit. Accompanying this letter is the reconfigured concept plan for both the subject proposal, which is identified as Phase 1, and the balance of the project to be developed to the north, identified as Phases 2 and 3, respectively; the site plan for this specific project and redrawn building plans and elevations for the apartment units and amenities. For your more ready reference, I have also enclosed a photocopy of the pertinent Mayor and Members of City Council April 28, 1992 Page 2 portion of the appraiser's report upon which the Leavells' bank has in large part premised its decision. The significant changes in the project are as follows: 1. The number of units has been increased from 40 to 44 units. 2. The square footage of each unit has been reduced from 1,093 to 945 square feet (although the handicapped units remain identical). 3. The projected average rents for the units have been reduced from $650.00 per month to $530.00 per month. 4. The site is slightly in excess of three acres and the density obviously increases slightly. This is an R-15 zone which limits density to 15 units per acre, such that the density of the project with 44 units still satisfies the ordinance. 5. The location of the laundry facilities has been changed to the northwest corner of Phase 1 and the laundry facilities have been enlarged. 6. The street flow has actually been improved with the width of the street bisecting the development from north to south through the westerly portion of Phase 1 been increased from 24 feet to 30 feet. 7. The gazebo, approximately 14'x14', has been removed from Phase 1. The Leavells still intend to construct a swimming pool which will be located near the center of the development on the southerly portion of what is identified as Phase 2 in the concept plan. 8. The design and exterior elevations of the buildings remain essentially the same except the trim has been changed from brick to stucco. In sum, the project still represents a first class development, is superior to the apartment complexes in the vicinity and is an enhancing, positive contribution to the City in general, as well as its tax base. Mayor and Members of City Council April 28, 1992 Page 3 We ask that the City Council approve the project, revised, and issue its conditional use permit accordingly. Thank you. o rs v truly, e ri V. Shoemaker FVS/slr as cc Bob Donovan Mr. & Mrs. Bill Leavell ~~ FAIRVIEII AVF ~jj S I -,~ p I i ~ ,i i PIR~(tI` ~ i! f E~ ~i ~' ~~ ~~'(r• f~ rid F^ ~fi ~~~ ~ ~F f .~..~~ ~~~~k~~l~~j~ !~ c ~ ~ ,~ ~ F ~~ H E~ y~ ~~ ~~ O~ ~~ ~~ ~$ ~~ ~~ ~~ O ~~ ~~ ~~ ~~ ~~ '~ m m ~1 ~ ti y N 'y ~; O c~ '~7 ti O y N ~] C ti O }-i"--{~-~"t C ti n... .. rrrnvm •c.rmrr --' INTERIM SUMMARY OF FINDINGS ON HIGHEST & BEST USE FEASIBILITY ANALYSIS ON PROPOSED HUNTER GLEN APARTMENTS MERIDIAN, IDAHO Based upon market investigations, the proposed development of the subject property raises numerous questions as to its initial and continued economic viabllity; in short, does this type of development represent the Highest and Best Use? There are several paradoxes found in the present marketplace; some of which originate in the Boise market. For instance, there is apparent renter demand; there are no similar projects in Meridian; the project design incorporates many desirable tenant amenities from garages to washer/dryer hook-ups to the more unique townhouse design; the size of the project may well appeal to tenants desiring a smaller project; and it is possible that the location will provide another alternative for those employed in west Boise. Conversely, the renter demand in Meridian is currently centered in lower to mid-income levels: the two projects abutting the subject are both subsidized (Farm Home and Section 8) and managers state there have been crime problems; as proposed the room layout of the units, with essentially two master bedrooms and baths will appeal only to a small segment of the market renter pool (less demand would be found with families, seniors and singles); numerous considerations would dictate that a Boise location would have preferential demand to a Meridian location. In addition, the subject's neighborhood is mature with modest residential uses, suggesting no inherent prestige to draw upper income tenants. Access 1s circuitous, which severely limits drive-by exposure, a very critical consideration in leasing. and the compiex will not be within easy walking to shopping. The subject is a "pioneering" upper-erid project in a community devoid of such and a location blatantly demanding mid-income improvements, at best. Since any pioneering project is inherently a more risky undertaking. a prudent developer considering this type of project would want to minimize that risk by REAL ESTATE CONSUL77NG GROUP, INC. • FILE NO.91-277 HUNTER GL@N APARTMENTS • MERIDIAN, IUAIIO • PG NO. i making sure controllable factors (location, design commensurate with probable income generation, etc.) do not increase this risk. In conjunction with the market investigations, it was observed that while overall vacancy IeveLs are very low, it appears that caution is prudent 1n the upper-end rental market ($600/month and up) and the subject's location in partlculaz. All managers surveyed concurred that renters now have much greater latitude with alternatives; and the roll-over in the upper level rental range is significant. Finally, three bedroom houses in Meridian are renting for around $600-$650. The monthly PITI on an $80,000 residence, 90% loan, would be less than $650/month; again, demonstrating alternatives for renters within the subject's market pool strata. The subject's pro forma projects rents fora 2 bdrm/2-1/2 bath, 1,093 sf unit, at $655/month. Mazket investigations of west Boise projects which might be considered substitutable options produced the following: Ptaiect Bds~ulBnth Size/sf ~ Pi'Ote2t/4manities 1 Snrln 2/2 922 $600-$650 288 units, clubhse. 1800 N. Cole spa, lighted tennis. pool, racketball, wt. room, eta 2 cons 2/2 995 $615 120 units. pool, spa. 8650 R1IIeman lighted tennis. pool, . racgetball, weight room, etc. 3. Cobblestone 2/1-1/2 1040 $595 29 units, no 223 S. Phillippi additional protect amuilties. Garage at $50/month. 4. Whistler Point 2/2 1000 $600-$675 185 units. lake L.akeharbor frontage, pool, exen:LSe room, clubhouse. After review of only these limited number of substitutes (although numerous other projects were also investigated), it should be evident that the subject will RL•AL ESTATE CONSULTING GROUP, INC. • FIDE NO.91-277 HUNTER GLEN APARTMENTS • MERIDIAN, IDAIfO • PG N0. 2 face a rather stiff degree of competitively priced units; all located in superior areas and have covered parking as well as unit amenities which would offset some of the subject's additional size and bathrooms. Projects in prestigious locations such as Highland Springs (Highlands), Cottonwoods (River Run), and others show rental rates from $650-$800/month: however, one could not objectively consider these to be substitutable options when addressing their location, unit and project amenities. Functionally, any apartment development attempts to achieve the highest rent at the lowest actual cost/sf; and from review of over 100 Boise developments, the over-riding criteria for income generation is number of bedrooms. ltvo bedroom units achieve maximum productivity; an additional bath appears to generate between $10-$20 additional per month; and a garage achieves from $50-$65 month in extra revenue. At a cost of, say, $3,5170/bathroom, a return of around 3.5% - 6.9% is realized; or from a gross revenue basis avalue-addition of $1,200-$2,400 is produced. Garages do not appear to have the demand one might normally expect, or anticipate in the subject's proposed rent range; however, they do generate between $50-$65 additional per month, when occupied. Construction costs are estimated around $4,500. From a gross revenue basis, a value addition of $5,000-$6.500 is produced; although. again, the caveat is one of demand. Generally. a project might afford garages in up to half the total units in the project. The subject's construction bid on the total project is about $1,700,000; about $1,772,000 with all financing costs considered. Using the subject's pro- forma estimates of revenue and expenses would indicate an NOI of $234,753. Using a 12.5% recapture on the $1,700,000 indicates an equilibrium income requirement of $212,500 ($221,500 with inclusion of X11 costs). This indicates the undertaking would be feasible. It has been my experience, however, that the subject's pro forma expenses should prudently consider: A reserve account at around 3% Effective Gross REAL ESTATE CONSULTING GROUP, INC. • FILE N0. 91-277 HUNTER GLENAPARTMENTS • MERIDIAN, IDAHO • PG NO. 3 Income (EGI), off-site management, at around 3% EGI, and some consideration for miscellaneous expense, at around 1% EGI. Inclusion of these categories to those proposed in the pro forma develop an NOI of abouk $213,800; suggesting only marginal feasibility excluding financing costs; and non-feasibility when considering all costs. The above scenarios, I believe, depict the most optimal positions of the market - from a probable optimistic potential revenue, to an optimistic vacancy/collection estimate, to optimistic expense estimations. Recalling that a~closely paralleling substitute in the Boise market can range between $600-$650; and perhaps ignoring prudent anticipations by viewing a trade-off between respective protects but acknowledging inherent superiority of location in Boise, and in specific superior neighborhood locational qualities for the Substitutes, a rental rate of $600/month will be utilized for analyses: Potential Gross Income: $600 x 40 units x 12 mo = $ 288,000 less: Vacancy/Collection ®5% ~ a lY.YV V, Effective Gross Income $ 273,600 Expenses from pro forma and above estimakes ($ NOI € $ 190,500 At a mere 8% diminution in~ revenue, the project becomes economically unviable. Again, the estimate of $600/mo/unit may well prove optimal for the subject's neighborhood; however, were the vacancy to escalate to an estimated 10% range, the diminution becomes more acute. The substitutable alternatives to the subJect used herein are newer developments; and it should be noted that the subject's incremental size difference should not be expected to generate a continuous rate of $0.50-$0.60/sf/mo for its size difference. In short, a slightly newer, slightly larger unit should not prudently be expected to offset superior in-project amenities nor location. REAL ESTATE CONSULTING GROUP, INC. • FILE No. 9l -277 NuNTER ~iLEN APARTMENTS • MERIDIAN, IDAHO • PG NO. 4 A pioneering protect such as the subject should judiciously attempt to minimize risk by: requiring a good location -which the proposed property is not; and for the upper-end rental market have in-protect amenities which frankly the subject would be ludicrous to supply in its proposed location. In the final analysis, were several Inter-related scenarios to occur: Rents of $600/mo, vacancy and collection at only 5%, and a 30% expense ratio, the subject would achieve a value indication between $1,750,000 - $1,900,000. Were the subject's location, however, to cause higher vacancy, and, perhaps even lower rents than the $600/month estimated, and as supply/demand attain a closer semblance to equflibrium, combinations of functional and external obsolescence would place the project's potential well below $1.7 million. I believe that these factors would eventuate, negatively influencing the subject's potential, within a typical holding period. In summary, it is my opinion that the proposed development has a poor location inconsistent with generating rental rates necessary to justify its costs. I believe that by not distinguishing the locational limitations leads to a very optimistic developers pro forma; and estimates contained within such may never be achieved through the typical holding period. Ultimately, rental income wlll be at a level where economic viability is not evidenced. It seems foolish to take such a risk when a superior location can be readily found; a location offering such a development prestige and off-site amenities. The subject site can just as easily be improved with amid-income, or lower, complex which is much more fitting to the neighborhood. REAL FsTATE CONSULTING GROUP. INC. • FILE NG • 91-277 HUNTER GLEN APARTM~ • MEx1DIAN, IDAHG • PG NO. 5 GGfi`G CHUCK L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary Robert J. Donovan 3405 Tulara Drive Boise ID 83706 Re: EMERGENCY ACCESS March 9, 1992 We have approved your request to connect an emergency access to Fairview Avenue, approximately 100-feet west of Barbra Street. This does not imply that we will allow a major entrance for your later devel- opment phases as the same location. We would discourage that notion due to the off-set with Barbra Street which serves as the only entrance to Fairview Terrace Mobile Estates. There would be conflicts in left turn movements from both developments. I can be reached at 345-7662, if you have any questions. ADA COUNTY HIGHWAY DISTRICT .D.,~,o-~,~ F.~atrick Dobie, P.E. De elopment Services Supervisor PD/ev cc: Development Services Chron Meridian Planning & Zoning ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 MERIDIAN CITY COUNCIL MARCH 17, 1992 PAGE 2 them the sum of 522,000.00, which is the estimated cost of the Administration of the program. The agreement can be modified or terminated upon a very short notice. That's a quick overview of the agreement. If you have any questions about this or impact fees in general I'd be happy to answer them. Giesler: When does this go into effect? Dobie: April 15th. This would be on any building permit that is issued after the 15th. Cowie: Item p2 on resident buildings, about calculating the gross floor area, generally if it's larger than 1500 square feet - does that mean that anything less than 1500 square feet will not have an impact fee? Dobie: The fee for smaller structures is less than the fee for larger structures. The Motion was made try Tolsma and seconded by Corrie to approve of the resolution conditioned upon the City Attorney's final approval and authorize the City Clerk and Mayor to sign that. Motion Carried: All Yea: Giesler: I have one question. This question that Mr. Cowie brought up - why is the figure different for under 1500 sq, feet? Dobie: The impact fees are based upon the traffic generation characteristics of the use. Traffic studies that were done indicate that small structures create fewer traffic trips than larger structures. ITEM p2: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REZONE REQUEST W/CONDITIONAL USE PERMIT FOR PUD ON HUNTERS GLENN: The Motion was made by Verrington and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for this rezone request for PUD on Hunters Glenn: Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: MERIDIAN CITY COUNCIL MARCH 17, 1992 PAGE 3 ITEM #3: ORDINANCE #575: ORDINANCE REZONING PROPERTY AT NORTH END OF EAST 5TH STREET: HUNTERS GLENN: Kingsford: AN ORDINANCE DF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTIDN 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, RDA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #575 read in its entirety? No response. The Motion was made by Tolsma and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #575 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Giesler and seconded by Corrie to approve of the Conditional Use Permit. Roll Call Vote: Tolsma - Yea: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: REQUEST FOR VACATION OF EASEMENT: STRRSSER FARMS: Kingsford: At this time I will open the Public Hearing. Robert Strasser, 3165 N. Meridian Rd., was sworn by the attorney. Strasser: Basically there was just two easements that we were trying to vacate. One being the north border line of lot 1 on this subdivision, Strasser Farms, it was just a five foot easement and we got approval from all of the pertinent people who had any say in that. The other one was the irrigation easement. It was placed in the wrong position on the plat. The easement itself, is exactly as the letter says. Basically what I've got now is two easements for the irrigation district. One being in it's natural position and the other one being located on the map in the wrong position, so we are just asking to vacate it off of there and the original easement will stay as is. } ORO[NANCE N0. ~,~ AN ORDTNANCE OF THE C[TY OF MERIDIAN AMENDING AND CHANGING THE ZONING'OF CERTAIN REAL PROPERTY IN THE C[TY OF MERIDIAN WHICH IS GENERAtLV DESCRIBED AS A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAI10; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and chanye the zoniny from R-8 Residential to R-15 Residential, for- the following rJescr-ibed parcel: A portion of the E 1/2 NW 1/4, Section 7, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: Commencing at the center of Section 7, T. 3N., R. 1W., B.M., Ada County, Idaho and running N. 0 00'00" E. 1294.00 feet along the Easterly boundary of the NtJ 1/4 of said Section 7 to a point; thence S. 89 01'30" W. 150.00 feet along a line parallel to and 1294.00 feet Northerly from the Southerly boundary of the said NW 1/4, Section 7 to the TRUE POINT OF BEGINNING; thence continuing S. 89 01'30" W. 367.00 feet along a line parallel to and 1294.00 feet Northerly from the said Southerly boundary of the N4J 1/4, Section 7 to a point; thence N. 0 00'00" E. 365.21 feet along a line parallel to and 511.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to a point; thence N. 89 56'20" E. (formerly described as S. 89 50' E.) 366.95 feet to a point.; AM BHOSE, Nd .z, ra.~o thence S. 0 00'00" W. 359.36 feet. along a line parallel to and 150.00 feet Westerly from ttre said Easterly boundary of the NW 1/4, Section 7 to the point of beginning. NOW, THEREFORE, BE IT ORDAINEII by the Mayor and City Council of the City of Meridian, Ada County, Idaho: That the aforementioned real property which Section 1. is described as follows: A portion of the E 1/2 NW 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: Commencing at the center of Section 7, T. 3N., R. 1W., B.M., Ada County, Idaho and running N. 0 00'00" E. 1294.00 feet along the Easterly boundary of the NW 1/4 of said Section 7 to a point; thence S. 89 01'30" W. 150.00 feet along a line parallel to and 1294.00 feet Northerly from the Southerly boundary of the said NW 1/4, Section 7 to the TRUE POINT OF BEGINNING; thence continuing S. 89 01'30" W. 367.00 feet along a line parallel to and 1294.00 feet Northerly from the said Southerly boundary of the NW 1/4, Section 7 to a point; thence N. 0 00'00" E. 365.21 feet along a line parallel to and 517.00 feet Westerly from tfre said Easterly boundary of the NW 1/4, Section 7 to a point; thence N. 89 56'20" E. (formerly described as S. 89 50' E.) 366.95 feet to a point; thence S. 0 00'00" W. 359.36 feet along a line parallel to and 150.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to the point of beginning. be, and the same is rezoned from R-8 Residential to R-15 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the Applicant has stated that an 4MBROSE, cIT2GER~lO 6 CROOKSTON Auomgs end CounNlors v.o. 90. ~n Merlal~n, IUMo eBe,z eisonona BBB-NOt emergency access will be provided for access from the above described parcel to Fairview Avenue and the City Council has stated that no further development by tfre Applicant, or his or its assigns, shall occur until the emergency access is made permanent, is paved and is constructed to Ada County Highway District, or equivalent, standards. This Ordinance is conditioned on the Applicant executing and recording a deed restriction, running in favor of the land above described and against the land upon which AM BROSE, FITZGERAID 6 CROOKSTON AIrOm~7~ NO Gountsbn P.O. Bow X27 MsrlOlul, IOMO BONY islspftona lO61y1 the emergency access is to be located, which restriction shall state that neither property may be transferred, assigned, conveyed, or mortgaged without the other and that it is agreed that Applicant, or his or• its, assigns, may not develop any additional land abutting, or in the area of the land above described in this zoning ordinance, until the land provided for access is made a permanent access for the land above described, is paved and is constructed to Ada County Highway District, or equivalent, standards. There shall be no occupancy permits issued until the emergency access has been provided and is graveled. Proof of meeting the conditions of this ordinance shall be the recorded deed restriction showing approval of the City Council of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved /bay the Ma/y~or of [the City of Meridian, Ada County, Idaho, thisf~~`/day of/ ~ Jc~C^~. f 1992. APPROVED: T~XYb'IF '-`-~li tLN T-F : ~TC7N"t; CFO R 6- TTEST: Y CL_RK -- JACK N1 ST E OF ~ DAHO, ) ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify drat the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE C[TY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE GATE"; passed as Ordinance No. ____, by the City Council and Mayor of the City of Meridian, on the day of ____ ___ , 1992, as the same appears rn iay office. ~ --~----~" DATED this day of lggp, ~t y tl e rlc ; C~i t y o 1 fde r i di a'n Ada County, Idaho AMBROSE, FITZGERAID B CROOKSTON ARwrwys ~nG CounsNOn P.O. Bow ~2l MMEI~n, IaNo e3e~z tal~pMrro BBN'E1 STATE OF IDAHO,) ss. County of Ada, ) On this day of _ 1997_, before me, the undersigned, a Notar Public -in ahd for said State Y personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand anal affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for-Idaho Residing at Meridian, Idaho BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN ZACHRSON COMPANY, AN IDAHO CORPORATION AND WIL!IAM D. LEAVE!L AND LUCII_E M. I_EAVEL! REZONE AND CONDITIONA! USE PERMIT FOR PLANNED RESIDENTIAL DEVELOPMENT A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO AMSROSE, RTZGERALD t CROONSTON AIIOrMYe Mtl COVIINIOre R.o. Roa ~n NarlElen, WMo ae~: ~ieo~one CBB~Mt FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing March 3, 1992, at. the hour of 7:30 o'clock p.m., the Petitioners appearing tlrr•ough their attorney, Fred Shoemaker, and in person, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: • FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 3, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 3, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Upon adoption of the Comprehensive Plan, Old Town should Continue to serve as a shopping, as wel l as governmental and public activity center. In recognition that its shape and character will change with additional population growth and development, the Comprehensive Plan sets the stage for the rejuvenation of Old Town, as per mixed-land-use policies and per market and economic trends. Probable mixed-uses for Old Town could be specialty commercial, higher density residential, offices, medical facilities and public and semi-public facilities. 6. That the use proposed by the Applicants is set forth AMSROSE, FITZGERALD 6 CROONSTON Aaomsn rM COVI1NIIXt v.o. eo. ~r MMWIN. NWo 0.TM2 ~I~plwne ~bt above. 7. That planned residential development of a 40 unit complex in a district an R-15 Medium High Density Residential District as proposed by Applicants is an allowed conditional use in the R-15 district. 8. That the subject property is presently vacant and has not been used for many years; that the property has no irrigation canals or facilities on the property; that there are no visible hazardous areas on the property. 9. That the Applicant has obtained property that will provide an emergency direct access to a transportation arterial; that the property does not have direct access to a park or open space area as required in 11-2-408 B. 3.; that the plan presented for development shows a small picnic area. 10. That sewer and water is available to the property and is required; that the City Engineer, Central District health Department, Meridian School District, Meridian Police Department, Meridian Fire Department, and the Ada County Highway District, and Health and Welfare Department have submited comments which are hereby incorporated herein as if set forth in full herein. 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 AMBROSE, FITZGERALO CROONSTON allomq,rW cou~..la. P.O. Boa ~tT JMCIN, IaYq 6)M7 r,Pnona BBMMI property. 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 Compiled Ordinances of the City of Meridian; and that the City has authority to grant. re-zone petitions pursuant to 11-2-416 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. 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. 5. That the City of Meridian has authority to place conditions on a zoning amendment and the use of the property pursuant to 67-6511, Idaho Code, and pursuant to 11-2-416 E. 2. b. and 11-2-416 F. 2. of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented Applicant and therefore should not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development of the 40 units, if performed in line with requirements of the City and Ada County Highway District, should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature or major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the City Council and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and should be constructed to be harmonious in appearance with the character of the general vicinity. AM81105E, FITZOEMLO iCROONSTON AtlpMy, AIM cclm.Mw. P.O. NatI7 MMb1An, MMro asrz i.I.WIM~M6~M+ d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District should be met and if they are, traffic should not increase significantly because of the proposed use; however no further development beyond the 40 units now proposed shall be allowed until the access to Fairview Avenue is made APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROIL CALL COMMISSIONER CORRIE VOTED COMMISSIONER YERRINGTON VOTED COMMISSIONER GIESLERR VOTED COMMISSIONER TOLSMA VOTED MAYOR KINGSFORO (TIE BREAKER) VOTED AMB(i03E, FIROEMID aCROONSTON AIIMIWAYM CWIMIM~ P.p.eW rT/ MMWW1, IEYa 0.TM2 ~gpOpN M6Mlt ounu CHUCK L. WINDER. Presitlent JAMES E. BRUCE. Vice President GLENN J. RHODES, Secretory Robert J. Donovan 3405 Tulara Drive Boise ID 83706 Re: EMERGENCY ACCESS March 9, 1992 We have approved your request to connect an emergency access to Fairview Avenue, approximately 100-feet west of Barbra Street. This does not imply that we will allow a major entrance for your later devel- opment phases as the same location. We would discourage that notion due to the off-set with Barbra Street which serves as the only entrance to Fairview Terrace Mobile Estates. There would be conflicts in left turn movements from both developments. I can be reached at 345-7662, if you have any questions. ADA C UNTYnHIGHWAY DISTRICT ~,~ F. atrick Dobie, P.E. De elopment Services Supervisor PD/ev cc: Development Services Chron Meridian Planning & Zoning ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 _ I' i r J `` ~ •` > F heel 1 ~., ubla ~ ~ e tto ""lswr I ~ ~, a M I i~ e L ., '.~Srya`d. F' r JN I:im~ - iw ~ rss ~_ .raY/:/ JJ/.J[ +' 3a Y.. /ta.n . m ~ .. v ..a ,-V - ~.f 11 JeJ//Id ..•. ~ 1 1 - --'s ., -a, ~' a'V.JPV: JGT•rT>•tr11L'i~r-~ .. t , '. I .. .r. _... \ 4 1 Z `V o. I I j / 5 I I \ 'L i - .. ~ x 3 4 I I .Jd. i H Jo n n I 1 y I I /, o. ___ a nuf - /` ~h r. A w a _ E~ ____. _.. a "18 U'' ~ ~ S JS JJ a V :„ ; r - _ ?; ~ Ix a ~ i / I r us e ~ ° ix 2L 34a o ,... • !Q 1 ~ ! ^ ~ MI.x ~~,..+ i_~... 22 34.0 • ~ 4/s•s./. rw .. i J / u/e° + ~ Y 2Z~430i .•...:~~ :. 14 15 t '~V r' / r I r I 4 ~. /./, y LL 34'BV ,N`, 9 4 ~ ~ q '/1 _ - ._... _.._.-_ I I ~ 'ZZ 3500 /~_ !N .. ~, a_ //il ; i I -- I iz3~ro '~:, .. ~..! ; I r ~T~ , :`fit I '~~ • ax r a._ t! 1+ `' r l I '. z I: „ ~ "~ F ;.. ,,, ~V. t y .,, ` ;r.- u r .n `- ~ _;" .L?~.'~(lA HfNGTON A r- -- / - -- ~-~ ~ r ~ ,= 1 r , 1, .. S I ~ f' ri[rW __yt~ J l r.( L .~- ~ '''~ 9 K w/ ~ ~~ it /// // 0 ~ 1 ; r i , I.J~ ~ ~ 'I ,.Y. !I• rY~ .V'. :y .•lr .l. I n 'sue ~ J ' ~ ~ ~ ~ S~ x/, i~ I I 1 I I 1 7 I I ___ __ l_L-i _L Y _ _. cARLroN BAV ~t ~' j le n. N s " /~ i r ~/y I I b Lnn/s/q, /E1-'ef lry+ s •e p, s f r R.~ ~ •J •r I I m ~, N' ~ I I zw r ./ ~ f J/ S[ r 1 J /°. N+ /! J • S L J• 3! / a :L J S •L ~ rs J• J t /• Ir \ \ / ` W w S ~ Jt W s/ W ` a \ yon J= .-;:: / ~ / xE \ I'~F ~ N / ) L f 1 $ 6° t J l J ! /7; b M / Se e/ ss ` •• L ,J s ! ~. i rr s° JI ff : r_-.1 ~ ~ 1 _~^ SE P. ~l March 9, 1992 Robert J. Donovan 3405 Tulara Drive Boise ID 83706 Re: EMERGENCY ACCESS We have approved your request to connect an emergency access to Fairview Avenue, approximately 100-feet west of Barbra Street. This does not imply that we will allow a major entrance for your later devel- opment phases as the same location. We would discourage that notion due to the off-set with Barbra Street which serves as the only entrance to Fairview Terrace Mobile Estates. There would be conflicts in left turn movements from both developments. I can be reached at 345-7662, if you have any questions. ADA C UNTY HIGHWAY DISTRICT riT I/~ F. Patrick Dobie, P.E. De elopment Services Supervisor PD/ev cc: Development Services Chron Meridian Planning & Zoning ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 CHUCK L. WINDER. Preslden} JAMES E. BRUCE, Vlce President GLENN J. RHODES, Secretary `.,,. Iti ` ,,, W~eel lN.. vb'6~~c fto° .Mawr _ ui. I w a %. "•r I 4 ~ '"'° N I ~ ~ `~ x ara .$. ~ Q C I /~e. "/'y ~ lel .I.1I'L ~'.,I4. rl it [a.b ... m ... ~ ~_l - tea.. ~ V' J, '1~'I'~Y'__ V. '. - u ' _ ~ .. ~I I W D ~ -..... ,.. ~t =,.: ~ - i I t j 4 ~~ I i /s:, p ~- ` m I I ou. s -s:.Y-- K \ Y J w ; ~ ~ at - _ =~ ~b u= I Y rs N ~ Y ;t , . I I ... ., `~ IL L ~ ' r T ~~ t» ~ rt' I 2Z 54ao N T ^~., ~ ~I.c ~...~n IS t ~ 1 0 22320 ?3 -._ue II 1~ ~ ..je ,~ I 1 Is L t. I - ~m-_. L .. ~ I-i A 1~ e - 1 15 I .. _. V .. .FS o I I w + s s* a ` ` : .?L34BU .~ .3 a •~~•,,. 'ti ,.4.c /i i i S I :r.E+ '2z 3Sod 3_. ;~ ..L. ~ I i,$ yB.~NQ~~~, i I~ 1~J ~ 4t I I 2 t 3Sl o / ,,, .,../ .F, 1../ ~ y ; I T T' ~/ I ~ _ _ • ... . :. . ~ , y23f9P, ~ --,erg ~T V I / ---- _ ___ _7__~ 'r ~4;,w'~N ~-1__ t. ~ Jr~T_~__ _~ tr' i I I -- - ------ x .. y 1.. : i~ I 'W x__J;s_ L_t i_~~~__L__ . L_~__ 'J _~ ._ p~ A~j L~ I .W 11- r'if ii`+ I ,. r; s7:e3 ~ 4Gs'~ -C/I I ,.. I W w 1 » • _ J ~.'y~ ly. J J_~l{ {^ ` I I l' l_1 J _J J L 4." p ~ / .. i .. ..-. / r i 1 ~ ~( /u'1'T- ~ -T fJ ~ 1 .K. ZS. ~',KH .4'. .fy .J~is2l ,R. ` 1 1 1 VV I I I I I I ~ 1 1 O• 1 ~ I I ~' 11 I I I ~ I ~ r I I li I_J L L_i-'__L _1_! u x ______ _ ~ - R ____ i :t I . CA LTON - ' ., - _.. _. _R nA V V ./ a r "•'t I i ' en.cnutlar.`o^esS fy ., s .; ~p t e f s t F..k' - _ ~ i I emu' a I s r`, / t J/ S r/ 1 // ~ N ~/ t S• p t S e s t r C: e ~ b o~ `~ ~ , •s Jr ~j s. W Z ~ n . /r _ Te 1/ a 0~ .T a :v e J ,z. 11 ,e,., :E ~ _ .~ ., ~` s s / ~ L a ~ 5 a f t " J/ .a s / S t so <. •s/ l ,I y y i ~~~ _ -- _ -- I MERIDIAN CITY COUNCIL MARCH 3, 1992 PAGE 4 ITEM #8: APPRDVE PRELIMINARY PLAT 8 FINAL PLAT OF PHRSE #1 OF WATERBURY SUBDIVISION IF ORDINANCE APPROVED: The Motion was made by Tolsma and seconded by Yerrington to approve the Preliminary Plat and Final Plat on Phase #1 of Waterbury Subdivision conditioned upon the Engineer and Clerk's approval. Motion Carried: All Yea: ITEM #9: COVENRNTS ON WATERBURY SUBDIVISION: The Motion was made by Giesler and seconded by Corrie to approve the Covenants on Waterbury Subdivision conditioned upon them meeting the City Attorney's recommendations. Motion Carried: All Yea: ITEM #10: FINAL PLAT ON KEARNEY PLACE: Giesler: Did we get the agreement for Dixie Lane? Clerk Niemann: I haven't seen anything. Crookston: I had some discussion today with Mr. Shoemaker today about some changes. I thought we were making was a designation of Dixie Lane and same parts of the agreement it has N. Dixie Lane which I think is correct and one of the changes that was listed as East Dixie Lane, was changed to North Dixie Lane but one of the other ones did not get changed. In paragraph 3 on the second line on the very end of that line - I don't know what that Lane is, I discussed this with the City Engineer and we both thought it should be North Dixie Lane. In paragraph 3 there it should read N. Dixie Lane not East Dixie Lane. The Motion was made by Giesler and seconded by Yerrington to approve the Final Plat on Kearney Place conditioned upon Covenants approval. Motion Carried: All Yea: ITEM #11: PUBLIC HEARING: REZONE REQUEST W/CONDITIONAL USE PERMIT.FDR PUD HUNTERS GLEN: Kingsford: I will open the public hearing, and welcome the applicant to address the Council. MERIDIAN CITY COUNCIL MARCH 3, 1992 PAGE 6 Corrie: If the P 8 Z Commission wanted that on the NW corner of the development, from the plans that I have here you have a unit 21-24 there in that NW corner. Tolsma: What abuts up against that anything or is it empty? What they were looking at is another form of access Into that other than just the one way in and out of that place. Shoemaker: I think that's true. The Planning & Zoning Commission wanted two accesses, they weren't really that concerned about whether the second access was a public thorough-fair which is exactly what we want. We are prepared as the old version if you will of the proposed Findings suggested to make the rezone conditionally upon providing a second access to the north with a direct connection to a major arterial. Yerrington: When would you propose connecting to Fairview? On the next stage or the last stage? Shoemaker: I understood the City's intention was to require that access to be immediate and so that's why the applicant has purchased the eight acres so that the access will be immediate. I guess yet to be worked out is whether or not the private drive had to be paved all the way to Fairview. Yerrington: But if there is only 40 units going in that would not take you all the way to Fairview, but you would go on at that time to Fairview, right? Donovan: Yes. Giesler: Has it been approved by Ada County to have an access off of Fairview Avenue? Bob Donavon, 3504 Tulara, Boise, was sworn by the attorney. Donavon: We proposed like is on the site plan here that this is a future access that when we put the next phase in which will be anywhere from forty to fifty units, will be half the rest of the development that at that time we will go all the way out to Fairview. The third phase will be the easterly part of the development which is the wider part. Right now it will be a future access. The other phase of the project, a lot of it is going to depend on your water situation, when we can get the next phase approved. As far as coming out on Fairview, there is right a way spot to come on out. Tolsma: But the road is in the second phase. MERIDIAN CITY COUNCIL MARCH 3, L992 PAGE 8 The Motion was made by Tolsma and seconded by Yerrington to have the attorney adjust the Findings and have an Drdinance prepared. Motion Carried: All Yea: ITEM #12: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing, you have the right to a pre-termination hearing at 7:30 P. M., March 3, 1992 before the Mayor and City Council to appear in person to be judged on the facts and the claim made by the City that your water sewer, and trash bill is delinquent. You may retain Counsel. This service will be discontinued on March 11, 1992 unless payment is received in full. Is there anyone from the public who would like to contest their water, sewer and trash delinquency? No response. The Motion was. made by Tolsma and seconded by Giesler to approve the turn off list. Motion Carried: All Yea. Kingsford: The amount of delinquencies is 56,938.30. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be turned off. ITEM #13: APPROVE THE BILLS: The Motion was made by Giesler and seconded by Tolsma to approve the bills. Motion Carried: All Yea: ITEM #14: CONSIDERATIDN OF HOUSING MORATORIUM ORDINRNCE: Kingsford: This is going to be a Public Hearing. At this time I will open the Public Hearing. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the attorney. TRAFFIC IMPACT EVALUATION HUNTERS GLEN APARTMENTS E7t7STING CONDITIONS This proposed project consists of 40 apartments to be constructed on East 5th Street about one block north Of Washington Avenue, The site contains approximatey 3 acres. The buildings will contain four apartmerrts per building. Each apartment will have a single car garage with additional off-street parking for a total of almost two spaces per apartmern. The principal accesses th this property will tie south via East 5th Street to Dine Avenue and south or-e block to Washington Avenue, then west approximately four blocks to East 1st Street The current average daily traffic on both streets, East 5th Street and Washington Avenere, is minimal. Washington Avenue ends approximately 1r2 block east of East 5th Street The only traffic generated near this irrtersedion would been existing apartment complex on East 5th Street Just north of Washington Street and the single famliy residences along Washington Avenue. Average daily traffic for East 5th Street and Washington Avenue at this intersection must be less than 200 vpd (vehicles per day). This traffic volume is around 1096 of the maximum capacity of either of these streets at this location. Table 1 describes the existing cond'mons of East 5th Street and Washirgton Avenue to their intersection with the Connector streets. Both streets should have capacity equal to a standard residential street 8ocording to Ada County Highway DisMct cxiteria. -,- _ !- r~-q~-_ tfVGl Ntt KllVb rMUC.VJbJ Table i Fig CooditlOns ~~ Faah+raa Parking East ~h Street 36' back to back curb, gutter, & walk off-street perking Project to Washington SL b~ sides both sides East 5th street 36' bads to back curb & gutter, no eA single family Washington to Slide sigev+alk v~ 9~d ~_ street perking East 6th Street fuA wigth no curb. putter, or so k~s have att- 3tate to Pine Street sidewalk etreM perking Pine Street 51' back m t>aolt curb. gutter. 3 sidewalk sane on-street test 5th to 1st Sheet bath aides perking Washington Street 38' beck to book curb d~ gutter, ra East 5th to [~st 4th sidewalk Washington Street haA street 24' pave no curb. parlor, a no on-street Fast 4th to East 2:4 St aidewapc parking (all house Taos 254 or 3rd Street} Washington Street 49' book to baok ourb 3 gutter both sides sane afF-atroet East 2rfs t0 1st Street no perking, IAtte On- streetpaAdnp (tadey 3 vats) tMPncTs The traiFc tram the proposed Hunters glen Apartment Project should amount to no more than 400 vehicle trips per day. l=ither access street can accommodate the addition of this entire amount of traffic with no addkional improvements. However, the likely distribution will be that neither street will carry the full amount of the addkional traffic. The existing transportation system will adequatey htvtdle the increased traffic from this proposed projed. huntgin.tra -2- ** TOTRL PRGE.003 *~ MERIDIAN PLRNNING & ZONING JANUARY 14, 1992 PAGE 12 Schlekeway: Question on the drainage ditch on lot 32 and the irrigation pond back there. Is this the one that will be filled in? Collins: We have to maintain actual drainage ditches and we have to maintain active irrigation ditches. We will pipe everything that is conceivable to pipe. We will maintain your access to it. Johnson: Rnyone else? Hearing and seeing none I will close the Public Hearing. The Motion was made by Rountree and seconded by Shearer to pass on a favorable recommendation to the City Council with two conditions, one concerning the access on the west side of the property be re-evaluated and placed in a logical location and second that after 100 lots are developed in the subdivision that the additional access to Cherry Lane be provided so there is two access points to the subdivision. Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: REZONE REQUEST W/CONDITIONAL USE PERMIT FOR PUD, HUNTERS GLENN, ZACHRESON & LEAVELL: Johnson: I will open the Public Hearing. Is there a representative present? Rory Jones, 815 W. Washington, Boise, was sworn by the attorney. Janes: I am an attorney here in Boise and I am here on behalf of this applicant, Bill and Lucille Leavell who are purchasing this property from the Zachreson Company. Presented maps and gave further explanation. This is 40 units on 3.05 acres or 13.1 units per acre. This is a 1.7 million dollar project. The units will rent for 5650.00 a unit, they are 1100 sq. ft. units with 2 1/2 bathrooms. We are seeking in this application a zoning change. We are seeking a change to R-15 to accommodate this use, there is also a conditional use application far PUD and that is because we are seeking private roadways only within the development itself. RCHD has determined that all the turn arounds are all sufficient for trucks and emergency vehicles. Traffic counts have been performed at Washington and 5th Street, there are now 200 trips a day at Washington and 5th Street which is 10X of that intersections capacity. This will increase from 200 to 400 tr1p5 thereby increasing the use to about 30% of capacity. MERIDIAN PLANNING & ZONING JRNUARY 13, 1992 PAGE 14 Rountree: What about fences? Donovan: Wood fence unless we have a problem with horses. Rountree: You show a couple of elevations, the last one you. put up there looked like a single level, are those the handicapped units? Donovan: Yes. Johnson: Anyone else to testify? Lynd Hoover, 1318 E. 4th, was sworn by the attorney. Hoover: We have two apartment complexes there plus we have another one of 44 units going in on 2 1/2 Street, there has to be some other access or some road improvement before these are not going to create a real mess. Johnson: Anyone else to testify? close the Public Hearing. Hearing and seeing none I will Discussion. (See Tape) The Motion was made by Rountree and seconded by Shearer to have the attorney prepare Findings of Fact and Conclusions of Law in addition to the conditions normally stated in that I would like to see that a condition be put that the plan or plat show that the area in the northwest corner be available for future access to the north. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Shearer to pass a favorable recommendation to the Meridian City Council along with the recommendations from ACRD as it relates to transportation in this particular area. Motion Carried: R11 Yea: (Discussion on zoning - see tape) ITEM #9: DISCUSSION ON CHANGING THE AREA OF IMPACT: Crookston.: Explained changes in the area of impact and our current boundaries. (See tape) MERIDIAN PLANNING & ZONING PAGE 3 The Motion was made by Shearer and seconded by Rountree to adjourn at 7:45 P. M.: Motion Carried: All Yea: (TAPE ON FILE) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: Mail (2) File (2) cc: Mayor & Council, P & Z Members, Atty, Bldg. Eng., Police, Ward, Stuart, Gass, Hallett, NMID, ACHD, ACC, CDH,Settlers A G E N D A MERIDIAN PLANNING & ZONING FEBRUARY 11, 1992 =TEM: MINUTES OF THE PREVIOUS MEETING HELD JANUARY 14, 1992: (APPROVED) MINUTES OF THE SPECIAL MEETING HELD JANUARY 28, 1992: (APPROVED) 1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REZONE REQUEST W/ CONDITIONAL USE PERMIT FOR PUD, HUNTERS GLENN, ZACHRESON & LEAVELL: (APPROVE 2: REQUEST FOR VACATION OF EASEMENT BY STRASSER FARMS:(RF~COMMEPID APPROVAL) ADA COUNTY HIGHWAY DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter-Department Correspondence To: Ada County Highway District Commission Date: December 30, 1991 Fram: Development Services Subject: MERIDIAN - PUD E 5TH, N/O WASHINGTON 40 APARTMENTS (William aad Lucile Leavell, 2484 Sunshine Drive, Boise ID 83712) FACTS & FINDINGS: 1. William D. aad Lucile M. Leavell are requesting a rezoning from R-8 to R-15 sad Planned Unit Development approval to construct a 40 unit apartment complex on 3-acres of property located at the end of E. 5th Street, north of Washington Avenue. 2. E. 5th Street (abutting parcel) has 58.2-feet of right-of-way (which is adequate), and is fully improved with a 37-foot street section. There is no public turnaround at the end of the street. 3. The District has concerns about the traffic capacity of E. 5th Street and the affect that 244 more vehicle tripe per day will cause the local street system. RECOMMENDATION: Staff recommends that the application be tabled pending receipt of a detailed traffic study and master drainage plan. STAFF SUBMITTING: Pat Dobie, P.E. DATE OF COMMIS I ROVAL: ~~ MHRI DIAN.pVD/D9T8CIi 1-y-O9 BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN ZACHRSON COMPANY, AN IDAHO CORPORATION AND WILLIAM D. LEAVELL AND LUCILE M. I_EAVELI_ REZONE AND CONDITIONAL USE PERMIT FOR PLANNED RESIDENTIAL DEVELOPMENT A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO AMRROSE, ~ITZG ERA~O CROOKSTON attorneys and Coonseiora o ao. «> terfa~an; wano eas.z eonone 88B~ta81 FINDING The above entitled January 14, 1992, at Petitioners appearing Commission of the City evidence and the matter Conclusions: S OF FACT AND CONCLUSIONS matter having come on for public hearing the hour of 7:30 o'clock p.m., the in person, the Planning and Zoning of Meridian having duly considered the makes the following Findings of Fact and FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 14, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 14, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of OLD TOWN Upon adoption of the Comprehensive Plan, Old Town should continue to serve as a shopping, as well as governmental and public activity center. In recognition that its shape and character will change with additional population growth and development, the Comprehensive Plan sets the stage for the rejuvenation of Old Town, as per mixed-land-use policies and per market and economic trends. Probable mixed-uses for Old Town could be specialty commercial, higher density residential, offices, medical facilities and public and semi-public facilities. 6. That the use proposed by the Applicants is set forth above. 7. That planned residential development of a 40 unit complex in a district an R-15 Medium High Density Residential District as proposed by Applicants is an allowed conditional use in the R-15 district. 8. That the subject property is presently vacant and has not been used for many years; that the property has no irrigation canals or facilities on the property; that there are no visible hazardous areas on the property. 9. That the property does not have direct access to a transportation arterial or collector; that the property does not have direct access to a park or open space area as required in 11-2-408 B. 3.; that the plan presented for development shows a small picnic area. 10. That sewer and water is available to the property and I nMRROSE. 'iTZGERA~O ;ROOKSTON 'brneya uq .JOUnaalOp '.O. Boa e47 ari oleo, IEOpo B35a2 +onone BBB-ae91 is required; that the City Engineer, Central District health Department, Meridian School District, Meridian Police Department, Meridian Fire Department, and the Ada County Highway District, and Health and Welfare Department may submit comments which are and of actual conditions existing within the City and state. 4. 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. nMBpOSE. 1. Bo. X27 m.~, ia.n a~s.z 5. That the City of Meridian has authority to place conditions on a zoning amendment and the use of the property pursuant to 67-6511, Idaho Code, and pursuant to 11-2-415 E. 2. b. and 11-2-416 F. 2. of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is located in the OLD TOWN which is designed for residential and other uses which support residential needs and a mix of those uses and a rezone of the subject property is in line with that designation. (c) Since the area where the property is located is already zoned R-8 such indicates the new zoning would not be contrary to the allowed uses in the area and would be in line with existing adjacent developments in the area, (d) The access to the property is not good and should be improved in line with the guidelines and requirement ' of Ada County Highway District or the access should be i by another route; the requirement of 11-2-408 B. 3. that a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and should be constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District should be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout must meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. That the City has judged this Application for a AMeRGSE, FITZGERAID S WOOKBTON Anorneye eno ComukKe P.O. Box ~I7 Marlolen, IoNO ~~: slePeona 8B8J,61 zoning amendment and Conditional use permit for a planned unit development upon the basis of guidelines contained in 11-2-416 and 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1915, Title 67 Chapter 65, Idaho Code, the Ordinances of the City of Meridian and the requirements of the City Engineer, Ada County Highway District and the AMRROSE, FIT2GERAlO S CROOKSTON AtlorMye enU Couneebn P.O. Boe X27 MMGIYI, IENO 0.18,3 ileptloM BBSJUI Meridian Fire Department, MOTION: APPROVED: DISAPPROVED: REZONE REQUEST W/CONDITIONAL USE PERMIT FOR PUD HUNTERS GLEN COMMENT S l: ADA COUNTY HIGHWAY DIST: SEE ATTACHID; 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: 3: NAMPA MERIDIAN IRRIGATION: NOTHING RECEVIID: 4: MERIDIAN SCHOOL DISTRICT: SEE ATPACHID r,F'rrFa; 5: CITY ENGII~ER: SEE ATTACHID CGNA~NTS: 6: POLICE DEPT: NO OBJECTIONS TO THIS REQUEST: 7: FIRE DEPARTMENT: SEE ATTACHID CONIINENTS: 8: SEWER DEPT: WILL COMMENT WHEN PLANS SUBMITTID FOR SEWER: 9: PUBLIC HEARING HELD BEFORE THE PLANNING & ZONING COMMISSION ON JANUARY 14, 1992 FINDINGS TT BE PREPARID: L0: AT PLANNING & ZONING MEETING HELD FEBRUARY 11, 1992 FIAIDING WERE APPROVID AS AMENDID AND COMMISSION RECONP'~IDID THIS REQUEST BE APPROVID: (COPY OF FIDIDINGS ATTACHID: 11: LETTER ATTACHED FROM BUREAU OF RECLAMATION: cur~c GLENN J. RHODES. President CHARLES L. WINDER, Vice President JAMES E. BRUCE. Secretary December 20, 1991 William and Lucile Leavell 2484 Sunshine Drive Boise ID 83712 Re: EAST 5TH, N/O WASHINGTON 40 APARTMENTS We have received your transmittal regarding East 5th, north of Washington, and have tabled this item pending receipt of a detailed traffic study and master drainage plan. We do not have adequate information at this time to allow a thorough analysis of the engineering and transportation elements. We will reschedule the item and take official action upon receipt and approval of an acceptable traffic study and drainage plan and notify you of our condi- tions of approval shortly thereafter. I can be reached at 345-7662, if you have any questions. ADA COUNTY HIGHWAY DISTRICT "~'`~ F. Patrick Dobie, P.E. Development Services Supervisor PD/ev cc: Development Services Chron Meridian Planning & Zoning Donovan Design & Construction Management ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 SUPERINTEN DENT OF SCHOOLS Dr. Nick Hallett DEPUTY SU PERIN TEN DENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT Bob Haley, Instruction 8 Personnel DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary JOINT SCHOOL DISTRICT N0.2 911 MERI DIAN STREET MERI DIAN,IDAH0836d2 PHONEi208i 888-6701 December 20, 1991 Meridian Planning & Zoning 33 Idaho Avenue Meridian, Idaho 83646 Dear Commissioners: I have reviewed the application for Hunter's Glen located in Meridian. I have two comments that may be of interest to you. The first is that busses may not enter the subdivision. The second is that these children may not attend the most local schools currently serving the area. It may be necessary to transport them to any school in our district with available space. Sincerely, Da be Deputy Superintendent DM:gr MEMORANDUM January 10, 1992 TO: MAYOR, CITY COUNCIL, PLANNING & ZONING RE: Zachrson/Leavell zone &~CUP~(E'.'Sth St.) FROM: Gary Smith, PE q~ ¢/j"""~„'_ I have reviewed this submittal in accordance with city standards and policies and have the following comments: 1. Sewer: A 10" diameter line exists along the north boundary of this parcel. An 8" diameter line exists in E.Sth St. about 70 feet south of this parcels south boundary. 2. Water: An 8" diameter line exists in E.5th St. and ends at the south boundary of this parcel. A fire hydrant exists at the end of this water line. An engineered sewer and water development plan needs to be submitted for approval by the City Engineer if the rezone and CUP are approved. 3. Access: Access to this site is from E.Sth St. Access to E.Sth St. will typically be from Carlton or Wash- ington Ave. Both Carlton and Washington are ~ width streets at this time and serve the other apartment complexes on Washington Ave. This proposed develop- ment will increase the traffic load on Washington Ave. Either these streets need to be improved to a full width or provision needs to be made on this site to exit through the north boundary onto what would be a future extension of Badley Ave. (See attached Map) 4. Parking: The number of parking spaces provided (83) are adequate to meet ordinance requirements of 2/unit. How does a parked vehicle in the extreme end space of a parking lot area back out once it is parked? Details and design calculations by an engineer or architect shall be submitted for the street drainage system as a part of the development plan preparation. 5. Ditches: All drainage and/or irrigation ditches cross- ing this property need to be piped with materials accept- able to the ditch district or users. Also, clean-out structures shall be built at angle points in the pipeline and at no more than 300 feet along the pipe. A grated inlet structure shall be built at the upstream pipe end. ~ ~ H ~~ ei ~ ~ ~ ~ a ~~ W ~ o a ~ z o ` ~ ~' ~~ ! M a a Q~ ~ z O F ~ ~ ~ ~ ~~ W O H 2 Z ~ a ~ ~ ~ O Z y H C W O Ul H VV 3 ~ G7 E O H ~a W ~ UoW ~ V\ ~~ ~ ~~4) 4f~rTl ~ F yJ~ nJ1 O N N ~ ~ a H vvH (y~ H ~ ~ 1_ J~ ~ J \nw I a ~ a aRCF O W FEZ Z. 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O C7 W U ~ ~ O ~ V ~ U ~ £ H ~ ~ ~ ~~~~IIIIIIIIIIIIIIIIIIIIIIII"~ ~ N a OF" N O F /R"` ~..~~ 1 Ian '~ jai >a ~,l F I\' RTP LI' 0.LC C0. T0: 320 January 9, 1992 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 PR - ao Post-It'" brand fax transmittal memo 7671 M of pages ~ Fro o. Ca~ 1 ~~1/ r ~ ^! , r I Dept. ' 7 Phone A I ? C; Faxk 338 ~ v FaxA G^ ,J 2 Subject: Review of Rezone with CUP for Hunter's Glen Planned Unit Development (Zoning Review) Dear Meridian Planning & Zoning: This multifamily development's storm water will run off into Reclamation's Purdam Drain, operated and maintained under contract by the Nampa Meridian Irrigation District. All storm water discharge to this drain requires a permit from Reclamation. We have no objection to this project's proceeding onto later phases of planning. However, we request a condition of final plat approval be a storm water discharge permit from Reclamation. In order to issue a permit, Reclamation and Nampa Meridian Irrigation District will need to review the storm water runoff design. Assuming BMP infiltration/detention and treatment, Reclamation can then issue a discharge permit. Once permitted, this project can make an orderly addition to your community. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, ~ ,~ rrol~~ Gr roject Sup tendent United States Department of the Interior BUREAU OF RECLAMATION CENTRAL. SNAKE PROJECTS OFFICE 214 BROADWAY 4VENUE BOISE, IDAHO 83702-7298 cc: Nampa Meridian Irrigation District MAYOR COUNCIL MEMBERS: AT THE FEBRUARY 11, 1992 THE PLANNING & ZONING COMMISSION APPROVED THE ATTACHED FINDINGS OF FACT WITH THE PROVISION THAT A SPECIFIC ITEM BE ADDED IN PARAGRAPH 6D THAT THERE BE A FUTURE ACCESS ON THE NW CORNER OF THE DEVELOPMENT. THIS NEEDED TO BE PROVIDED OR SHOWN ON THE DEVELOPMENT. BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN ZACHRSON COMPANY, AN IDAHO CORPORATION AND WILLIAM D. LEAVELL AND LUCILE M. LEAVELI_ REZONE AND CONDITIONAL USE PERMIT FOR PLANNED RESIDENTIAL DEVE!OPMENT A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing ' AMBROSE. =1TZG ERAID CROO KSTON >i brnsya and Counaeiora P.O. BOR t2) Aeritl~/n,itleft0 A3BR2 gone BB&R~bt January 14, 1992, at the hour of 7:30 o'clock p.m., the Petitioners 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: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application and the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 14, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 14, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of OLD TOWN Upon adoption of the Comprehensive Plan, Old Town should continue to serve as a shopping, as well as governmental and public activity center. In recognition that its shape and character will change with additional population growth and development, the Comprehensive Plan sets the stage for the rejuvenation of Old Town, as per mixed-land-use policies and per market and economic trends. Probable mixed-uses for Old Town could be specialty commercial, higher density residential, offices, medical facilities and public and semi-public facilities. 6. That the use proposed by the Applicants is set forth above. 7. That planned residential development of a 40 unit complex in a district an R-15 Medium High Density Residential District as proposed by, Applicants is an allowed conditional use in the R-15 district. 8. That the subject property is presently vacant and has not been used for many years; that the property has no irrigation canals or facilities on the property; that there are no visible hazardous areas on the property. 9. 7h at the property does not have direct access to a transportation arterial or collector; that the property does not have direct access to a park or open space area as required in I1-2-408 B. 3.; that the plan presented for development shows a small picnic area. 10. That sewer and water is available to the property and >MBROSE, RZGERALD :ROOKSTON ,~o,nera entl ~ounaelds '.O. BOY at7 analan, IaeNa 81M7 +onona BBB-~~61 is required; that the City Engineer, Central District health Department, Meridian School District, Meridian Police Department, Meridian fire Department, and the Ada County Highway District, and Health and Welfare Department may submit comments which are 4MSROSE. -=1TZG ERAlO CROOKSTON ~Irorneye en0 Counselors °.O. Box et7 brb len, leeno eaeez ~onone BSBJMI and of actual conditions existing within the City and state. 4. 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. 5. That the City of Meridian has authority to place conditions on a zoning amendment and the use of the property pursuant to 67-6511, Idaho Code, and pursuant to 11-2-415 E. 2. b, and 11-2-416 f, 2, of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission ~ specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Corprehensive Plan amendment is required. (b) The area is located in the OLD TOWN which is designed for residential and other uses which support residential needs and a mix of those uses and a rezone of the subject property is in line with that designation, i alreadynzonedeRa8esucheindicatesrthernew~zon~ngtwould not be contrary to the allowed uses in the area and would be in line with existing adjacent developments in I the area. i (d) The access to the property is not good and should be improved in line with the guidelines and requirement of Ada County Highway District or the access should be by another route; the requirement of 11-2-408 B. 3. that a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and should be constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District should be met and if they ar=e, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout must meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 3. That the City has judged this Application for a AM BROSE. FITZGERALO CROOKSTON ano.neye ano Gounaemra R.O. Bo. •2] Netl(f IOn, IOa110 B~9a1 '.e phone BBB1a81 zoning amendment and Conditional use permit for a planned unit development upon the basis of guidelines contained in 11-2-41b and 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Ordinances of the City of Meridian and the requirements of the City Engineer, Ada County Highway District and the Meridian Fire Department. AMBROSE. FITZGERALO i CROOKSTON Atlorneye end Counselors v.o. eo. e2T MerWlen, 14Y1p e]M2 ieonone BBBJ161 MOTION: APPROVED: DISAPPROVED: p ./ A iU--i I I Z ~ ' ~~ ~/ ^~~j~ H ~ a Q F Q ~ c~i C{ "' ~~ p H ~ •~ '~ W M C4 ~ ~ ~ ~ ~ ~ 4 1 '.F~ ~ ~ Z ~ ..] % w ~ oo ry U ~~QGG ~ ~ ~~ W ~ ~ ~ Q o ~ H ~y m ~ 1~ y ~ x ~ ~ ~ ; F X' aai N ~~~ `, 'i to a ~~ H ~°' p ~ ~ ~ ~ '~' ~ o W a~ Z S ~ ~ p off ~ ~ V ~ ~ ~ `~~ ~u ~ [N ~~ Z W a~HE G H m rn H H W ° N W ~ H ~ H ~ ~z 4 '~ 2 a E ~ O Fd a `] (L W (~ H h Z w !i ~ ° 44 ~ ~ ~ H H 3~ r ~ H ^ a ~ rte] a > p a °i x v ~ [~ o `a a ~ a a w ~ ~ a a w ~'' [~ z a a a 4 w° w w `' ~ u a H o ~^ °~£ ~' a °h F~.~ ~ iii cEnH.J .;.;-F~7 a a [va7 E z W C"~ ~ ~ C[z Q t7] E~ ~ [OHi a ~ ~ E zf,~ Z a O ~ M ~ ~ d ~~ ~d H 8 g z v H W N 8 E"~ H ~ ~ a° ~ ~ ~ ~ ~ ~ o w ~ c~ gg~ ~ ~ ~ ~ o o d m ~ `~ y a m a ~ W ^ v ^^ a a~ a,' o a h ~ h ~ F °a m ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ qa qa ~ ~ m ° Z o°o I I I I( I I I ^ W ~ H H m N H W ^ 8 '~ W ~ CQ ((~aaa]] JZ 3 ¢ a ~..~ ~ ~ w ~ o H q ~ U z H E ~ N E ,,a z ~. ~ H! I I33 I Iym I I ~ I I I I I I i~p i l~1 l lq3 lppp l l l l i l l3 l ~ ~ ~ H O ~ H ~ m b ~ ~ ~ H ~ ~ o ~ M C ~C b7 ~ Z ~ 3 ~ 3 O ~4i m Z nn N ~-, K r k H m r n H b ~a m 3 R' H C q ~ m b ~ r O O d b E [n C~*7 ~ O m ~ H 3 d H m m 2 b 4 N y o~ z fn r z z~ 'bz C o ro c~5 ~' ~~ H roro m m M~ z H ~ b m ~ ~ ~ ~ Z ~ ~ ~ ~ ~ ~ ~ y m° ~ czi ~ ~ ~ ~n a~ O ~ ~' ~ ~ ~ z r ca ~ ~ ~ " ~ H g K m ~ `3 ~ ~ ~ ~ ~ z ubi '° H H H c~~" y~ o H ~ rob H ~i ro o m 7S K H H ~ ~ cU'n g o a r ~i z~~ a o m O y Z 3 H ~ H H H f~a ~ H Z~ 4 ro R+ .3 H O 5 Z .~ ro H `~' ~ ~ H a+ o c°n b ~r b 3 r z :~ ~ Z 3 Z ~ Z y q ~ Z 0 0 ro r z ~ r' ~~ ~ ~ ~ ~ ~ r ~ r y ~ N O K £ H b~ z w ~ ~ ~ z ro~° m ~ ~ ~~ "t, 8 ~ ~ 4~y C 1-1 b ~ ~ C ~ o r cD ~ 4 1-31 tC ~ .p m N K ~~' h O ~ b ~o d q H .a r ~ H ~ z, ~ ~ ~ ~ ~ H m n~ a E r• r• c+ r c+ r m ~, a n rn • o ~ r a ~ m ~ ~ ~ ~+ m ~y ~ b H H b H O C+7 ~J o b mm~Z~ ~ ~ ~zo ~ ~° H ~ zm Fn-I ~ ~ ~ ~ O O ~ ~ Z N H p H ~ ~ ~ 2 ~H~'' ;V ~+7 Ct] C~ y Z Z 3D z ~ d ~~~ ~ o ~~~ ~ ~~zo b ~ z ~ ~ ~~~ n1," V1 ~ O CEO h7 H n r'r ~ ~ ~~ ~ ~~ E y F~ ~ N m m >~r u, b i ~ ro ~ ~ o ~~ ~ ~ ~~~ ~ ~~~ H '~ m ~ Hmzo ~ ~ ~b r 5~ ro w o z ~ ro ~ kE=i+ m CENTRAL DISTRICT HEALTH DEPARTMENT' ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Rezone # iQ g - R ~ 5 _ Conditional Use # Preliminary/Final/Short Plat 1 2. 3. We have no objections to this proposal. We recamend denial of this proposal. Return to: Boise Eagle r/ Meridian _ Kwa ACZ Specific knowledge as to the exact type of use must be provided before we can cmment on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can cament. 5. _ We will require more data concerning the depth of (high seasonal growd water)(solid lava) from original grade before we can ccmrent 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,ean approve this proposal for: Cenu`al sewage Interim sewage Individual sewge _ Cortmunity sewage systan / and /Centr~al~water Individual water _ Conmuiity water well. 8. v Pl~an~or Central sewage Connunity sewage systan Sewage dry lines, and /iCentral water Cannmity water must be subrtdtted to and approved by the Regional /Health and Welfare Environmental Services Field Office. 9. `~ Street rwoff is not to create a mosquito breeding problem. 10. _ This department would recamend deferral wtil high ~~1 ground water can be determined if other considerations indicate approval. 11. _ If restroan facilities are to be installed then a sewage systen MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be sutmitted fora plan review for any (food establishment)(beverage establishment)(srinming pools or spas)(grocery store). 13. _ i r ~.~~ ~a~3~/9~ Reviewed by Date IIIIIII'IIIIIIIIil~lilllllll ~' c zU o yy~ 'Z m E7 b bpi En H ~ ~ (~ r~i ~ ,~o ~ ~ ~ zO ~ iyi ~ r~'i 3 c, ~ ~ ~ [y*J Z ~ ~3 'O H ~ (nq~ H H K c• rG H [~~7 C~" n ~t ~ H ~5~+ ~ 3 ~ 3 ~O 3 a' H C D O t9 'b ~ cyzyro" gggO y~ yO yyy g VI [A9 O b y~ Cry i~A7i 3 yv HH [C=] Cry] 5 T~ 4 H ~ Z ~ ~ ~ O Z HCH Z Z O ~ H L~7 H ~ C ~ C ~ O Z ro Vx11 ~ Z ~ (vi H ~ ~ ~ v m z FCC ~ ~ ~ ~ ~ m 'a czi ~ `" ~ ~' O ~ o A ~ r z ~" ~ ~z ~ O ~ y g `< z ~ y ~ ~ ~ ~ ~ z G1 -- Y h fctn~o m O r c~ y ro O z tm~n7 (5 K ~~i ° t7=7 ~3 ~ H Z ~ 3 r v q Cq" y ~ W ~ O~ 4 b u+ 3 H O C Z H 'O H k ~ A 3 b r~i ~ H 3 v ~ w H [~ C N m z K H ro r z° y ~ r ~ ~ ~ r k zH y S 3 H ~ £ H Z hi rzi O O ~ ~ ~`' `' ~ z '" K ro m ~ ~ ~ ~ 4 ~a ~ ~ ~A v r m ~ ~ N /C ~o ~ H ~ ~ r ~ ~ ... ~ ~ b ~o y ~ [~7 ~ ~ N m o r rn r r 0 O H y H z b r m H y~ fn A m m b K ~~ m CT! H ~! ~ r ~ ~ H H ',17 rr~~ r m ~~ lT] H N yv O T~ S [~ O O ~1 moo ~ y 'ooc~ ~ ~NC vy~yi ~x y~ ~yi S~ [~ Z lT] OO ~ h7 •,d ~ ~ y N H m O ~ O ~~ ~ ~ E ~ y ~ ~ ~~ [~ `n v r m 5<~ r 5~ ro w ~ b ~~ "~"' b