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Meridian Mobile Estates CUP,, ~..~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk S CITY OF MER RONALD R. TOLSMA I GARY 0. SM TH P.E. City Engineer IDIAN ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 1'~~~~~~ $~~lanner & Zoning Administrator ' WAYNE G. CROOKSTON, JR., Attorney j1 ~( Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Chai Public Works/Building Department (208) 887-2211 rman ~ Planning & Zoning ~' + ~ ~ ~ 194 7 V J , GRANT P. KINGSFORD Mayor ~Ty pF MERID~A~1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: July 5, 1994 TRANSMITTAL DATE: 6/20/94 HEARING DAl'E: 7/12/94 REQUEST: Conditional Use Permit for Meridian Mobile Estates BY: Trov Green and Associates LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Hi9hway 69 JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: /'~ ~~~~~~ MAY 1 G i~~4 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT TROY GREELV & ASSOCIATES PHONE 343-6408 NAME: ADDRESS : 2135 Rid eview Wa Boise Idaho 83712 GENERAL LOCATION: Portion of the NE 1/4 Section 13 T. 3N. R. 1W. (South of Franklin Road & West of Highway 69) DESCRIPTION OF PROPOSED CONDITIONAL USE: A 243-Unit Mobile Home Park with a Recreation Vehicle storage area, recreation center and swimming pool. ZONING CLASSIFICATION: R-14 & RT pLp,N; A plan of the proposed site for the condparking and showing the location of all buildings, loading areas, traffic acce refuse tandflserviceulareas, open spaces, landscaping, 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 _~ a q~ Hearing in the Meridian City Hall on •~. ~ ~~ m ~ The purpose of the Hearing at ~ -~ P /! is to consider a CONDITIONAL USE PERMIT submitted by T for the property generally described 4 ~}5socr u-Te5 SUBDIVISION as located a~ BLOCK _ LOT NUMBER, TO /'~ 8. See attached copies of vidnity map. 9. The subject parcel is located in a rrixed use area. Adjacent uses are as follows: north - comrrieraal operation, zoned GG; south -agricultural and commerdal (rrtini-storage faality, zoned RT and C-G; east -multi family residential, mobile home subdivision and cornrr~eraal (vet dinic), zoned CrG & RT; west - commeraal and residential (corrtractor's yard, mini-storage and Franklin Square Subdivision), zoned GG, R 1, R-8. Due to the mixed use nature of the area, a mobile home park would be compatible with adjacent uses. 10. See attached list of property owners v~nthin 300 foot radius. 11. Fee attached. 12. Briggs Engineering will post the site. n AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO l ~ .. COUNTY OF AOA ~ l /U~ ~/ol1.a LJ/~!( ,~s~ ~ / n 83?02 1. (name) leddr...l ~O/s~ ~ ~ betnp ftrsb duly scorn upon oath, depo.• end •ey: (ctt.yl ltatetel 1, Thet I ee the record owns of lh• prop.rly deecrt6ed on k.he elkached. end I Arent ,.y p.rntt•slon l ~1~r l nen~e l ( oddre.e l S 3 r/ .Z to eubetl the ecooi„panytnp opplteelton perletntnp to k.hed properly. 2. I spree to tnds~,nlfy. defend end hold Mer-dten Ctk.ypuend 1l'e emPlo ee• harelse. fron~ any elat~n or ltobtltly reoflth ppr'oPerlyywF'-ch t• thel.ub~scl~ofelhelepplteelton. her•tn or ee to the ovnere tp .~ ~~ /1/.a y ls~ Deled lht• aey of :~~e ~ ~~ Imp /Np gWpRW !a before m• the day end yse~., f t ~el, above wrtt,len. Nolera^t Fu61 sa~f o^r ? deFio~_ g My '~L'pal'lit iii t orti ExF+ t re! ~~, .. __ -, n AFFIDAVIT OF LEGAL INTERST STATE OF IOAHO l ~ .. COUNTY OF ADA~ l 1. ~PT.~~TZ. L. • ?/'oyT/>c~!' ~n7 T/'Uyy/~~1-`r/j y , (Hems) [eddressl ~~(~'~~ /_~ 83'~ Z be 1 np f 1 rst du 1 sworn upon . oath, depose end eey: (cttyl letel:el 1. TF+at I em the record owner of the property deeertbed on the etteehed, end I Arent ^ey permteeton o ~T~/4r G-~~..~ ~ . y„~O.CS~~ ~/J (name) (eddreae 1 ~j37'~ Z to eubmtt tree eeeompenytnp epplteetton pertetntnp to Chet property. 2. I spree to tndemntfy, def'snd end hold Msrtdten Ctty end t!'e employees hermlees from any eletm or ltabtlttyy reeulttnp From any dtepute ee to the etetsments eontetned herein or ee to the ownereFitp of the property which to the subject oi' the epplteetton. .~ Dated this ' / ~ day of , /~~ 19~~ _.~'~ ^i~ (Stpnetw-el SIBSCRIBED,/U~Q S~dORN to before me the day end. year`'~irbt above written. .~• /l Nat7ra,,~ f~u6llc f'a~r .ldeha_ Residing et ~y ,` _ „~1, „~, .~,. --~ n nFFiOnvIT OF LEGnI. iNTERST STATE OF IDAHO 1 ~ .. COl1NTY OF ADA' l ~ . ldn~ ~ Try>~~-j-~- , S~~ ~/G~r.~-~ ~~ ~;,,~~-, (Hemel (eddreeel ~~ betnp Ftrst dulyy e.orn upon oeth, depose and eey: (ctE.yl latok.ol 1. The! ( em the record owner of the property deeerlbed on the e!leehed. end I Arent ey permteeton ! S UU ~ ~~"c-~/~ ~' car ~i/7 lY dun ~`^ .13.5 ~IGc~c=rtl~9~.~t:/ I (Hems I I eddrwe 1 8 3 T/ Z l.o eubmtt the eeeompenytnp eppitoetton pertetntnp !o !he! properly. 2. I spree to tndsmnlFy. defend end hold Mertdten Ctly and t!'• employyees hermlees From eny eletm or l-ebtlllyy rssulttnp From eny dtspputs ee to tha etelsmenls eontetned hereto or ee to the o~.e~+ereFtp of the property whteh -e the sub~eet of the epplteetton. ~~ Oeled l,hte _ e J~p J1PD SWORN to before me the day end }jusa- Ftreti above wrtlten. r , i ' _•~ Nolary Pu.yt to Feu- ideho Reeid•tng .a ~~ ~~ ~(% Cb~~ 1,ee t on Exp t -se: ~~ • ':~. n ' •~ - ~ 8~ 2s1~ ~ 'WARRANTY L''°ED For Valae Received N & D, INC. , an Idaho Corporation, the grantor, does hereby grant, bargain, sell and convey unto ARTHUR L. TROUTNER, a single man, as to a 54.94$ undivided interest; PAUL 8. TROUTNER and IONE M. TROUTNER, husband and wife, as to a 68 undivided interest; JAMES H. BALLANTYNE and MARY BAr.r.nnrry~, husband and wife, as to a 28.12$ undivided interest; DAVID L. NORDLING and YOSHIE NORDLING, husband and wife, as to a 8.75$ undivided interest] and DENNIS E. HEEB, a single man, as to a 2.19$ undivided interest, whose current addresses ale ciao 8allantyne~Land company, 4720 Fairview Avenue, Boise, ID, 83706, the grantees, the following desctibe~ rremises, to-wit: All that part of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying North of the existing center line of Eight Mile Lateral of the Nampa and Meridian Irrigation District as the same is now constructed over and across said land. Said pucel is approximately six acres, more or less. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise apper- taining; and all water, water rights, ditches and ditch rights appurtenant thereto or connected therewith. Subject to all easements and rights-of-way of record or appearing on the land. SUBJECT TO that certain Deed of Trust wherein N & D, Inc., an Idaho corporation, is the grantor, Title and Trust Company, an Idaho corporation, is the trustee, and Eugene P. Ross and Barbara J. Aoss, husband and wife,;are beneficiaries, dated the 16th day of , 1982, Records of Ada County, Idaho, and the d~ of trust indebtedness secured thereby, which Deed of Trust and deed of trust indebtedness is not assumed by,.Grantees herein. Grantor does further convey unto said Grantees that certain easement creating ingress and egress roadways for the benefit of said premises, as particularly described on Exhibit "A" attached hereto and by this reference incorporated herein. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigr-s forerer. And the said Grantor does hereby covenant to and with the said Grantees ,that xhe it is the owner in fee simple of said premises; that said premises ure tree from all incumbrances, except current taxes and assessments, which are a lien bttt not yet due and payable, and easements and restrictions of record ar visible on the premises, and that /~~ will warrant and defend the same from aU lawful claims whatsoever. ' i7ated :. ~? ver ~ 19 8 2 . . N & D, INC. G. ATE OF IDAHO. COU°> '°>' OF `rte a~~ ~ SCHEDULE A /1 The East Half (E ~) of the Northwest•Quarter (NW h) of the Northeast Quarter (NE ~C)•and the Northeast Quarter (NE ~) of the Southwest Quarter (SW ~) of the Northeast Quarter (NE ~) of Section Thirteen (13), Township 3 North of Range 1 West of the Boise Meridian, (T3N, R1W, H.M.), in Ada County, State of Idaho, EXCEPT HOWEVER, That portion of the above described property conveyed to the 8oi$e Valley Railway Company by Deed recorded in Book 104 of Deeds at Page 213, Records of Ada County, State of Idaho, ALSO EXCEPTING Therefrom, the following described tract of land, to-wit: Beginning at the Scut!:east corner of the. NE ~, SW ~t, NE ~;, Section 13, T3N, R1W, H.M. and running thence West 660.0 feet along fence line to the Southwest Corner of said NE :, SW ~, NE 'y. of Section 13; thence North 101.5 feet along a fence line and the West side of • said NE ~t, ~ SW fit, NE ~: of Section 13, to an iron pin in the North bank of an irrigation ditch; thence South 86°O1' East along the North bank of said irrigation di 149.6 feet to an iron pin; thence North 79°35' East along the North bank of said irrigation ditch 520.0 feet to an iron pin in the fence line along the East side of said NE ~, SW fit, NE ~ of Section 13; thence ; South 182.0 feet to an iron pin in the fence corner of~the Southeast corner of the NE ~t, SW ~, NE ~ of Section 13 and the point of beginning, all situate in the NE fit, SW•~, NE ~ of Section 13, T3N, R1W, B.M., in Ada County, State of Idaho, and, :.. ALSO EXCEPTING Therefrom, the following described tract of land, to-wit: Beginning at an iron pin in the fence corner 25.0 feet South from the Northeast corner of the NE ~s, NW ~., NE ~: of Section 13, T3N, R1W, H.M. and running thence South along the East line of said NE ~x, NW ~, NE ~; of Section 13, 138.1 feet to an iron pin in a fence corner; thence •'~ Westerly along the fence line 99.0 feet to an iron pin; ther. Northerly on a line perpendicular to•the North line of the NE ~, NW ~, NE h of Section 13, 139.3 feet to an iron pin in the fence line; thence • East along the fence line 100.0 feet to the point of beginni all situate in the NE ~, NW ~C, NE ~1 of Section 13, T3N, R1W, B.M., in Ada County, State of Idaho, and, ALSO EXCEPTING Therefrom, the following described tract of land, to-wit: • a~~.~ An irregular tract in T3N, R1W, B.M., in Ada described as follows: the NW k, NE ~ County, State of Section 13, of Idaho, . From the Northeast corner of the NWT, NE~t of said Section 13, T3N, R1W, B.M., thence West along the Section line~363.4 feet to a point; thence South 0°12' East 25.0 feet to a point in the South boundary of U. S. Highway 30, the real place of beginning; thence South 0°12' East 588.7 feet to an iron pin; thence North 72°30' West 316.8 feet to an iron pin; thence North 0°12' West 493.4 feet to an iron pia on the South boundary of U. S. Highway 30; thence East 302.0 feet to the real"pT~ace of beginning. ' TOGETHER WITH ALL water, water rights, ditches and ditch rights appertaining thereto. . try' ~..,..~._ ,.- ._ . _ . ,. ,•. . '~ >) Y~ ,:• 1 JW_-08-1900 11 ~ 30~ FROM STEL~RT TITLE M-~i I N TO ° 1:XIIIItiT "A" ~~~f~~-,/~~~~- LL,iA[, Ul:at:1(11''1'lUl~ ' . ~>CG C~ ~l~ln~t-~ 3750013 P.01 ~3 I~ Apart of ..:.e Northcast Quarter ~f tl~o ~orrhwest Quarter Of the Northeast Quarter of Sectio,z 13, Township 3 North, P.ange ~~ . 1 West of the Boise t"¢ridian,•Itda County, Idaho, more particu- ~~ '~' . • 2+irly~~ doacribed,: to-wit: ~ ,'. . "''"' ~~ ~'~ ~ ~ .Commencing at the' Northrsa'st: corner of thv said Northcast r4~;~~d~,,y;.• ~ ~• ..,.Quarter Ot the ttoathwest: Quarter of tho Northeast Quarter "oE Section 13, INITIAL POINT of~.this description; thence '•' South 0°13'48" t,•est 313.10 feet, along ±hQ Sastern bound- .. ary of said Northeast Quarter oF~rh¢ ttorthwost Quarter at the Northeast Quarter: thence. t:arr.li 90°00' 00" tyQSt 124.00 feet and paraliQl with tnc Nortltcc,i l;ounduxy of said northeast Quarter o! tJ,c Nortl~we:.t.• Qu:srtrr o! the North- east Quarter; th¢nc¢ Norf;t: 0°]3'4s3" ti~~st 313.10 fes* and _ parallel with t1,e (::,stern boundary of s~icl tlorthQast Quarter of thc~ t•:orthwcst uu:,rt•cr +, L' +;hu :;arthea,t Quarter to; the Northern boundary of saki 1•iur+heast Quurt¢r of the northwest Qvartcax of the horrtu:::sr nuarter; rh¢nce i•:orth 90'00'00" 1:13t• ]'24.00 t;~c,t, ulon<t t•?,t; ~:orhhcrti bounclury of said P:ortheast Qu::rrar of nc~•,~:i~rthtirest. ~,euarter o! the tortheast Quarter t•v +•t,+; i?•.: i l~~?. !~<)T11'C oP r1,is description. 3'hQ ar¢a G=' 'o*.aI ;~ropc~r+'y un~' ri+l:,t af. gray +s 0.'s9] ucros. ~1 1 i ~~ ~~: I~ I i E . , 17 ~. N~ ~aN~~N !ot ~ -5 ~ ~ 3 I4 ~3 Z 'I~ ~RRETT ST. i I6 5 4 3 2 ~I~ 4 J I I 12 ~ 13 14 15, ~ I LMER CT. I~ :3 zz zl o `~ r a ~ 1'e~ 627 Zg ~ 29 30 31; ~ NCVER CT 9.383 ~r34 c~ -- i ~ ; I ~ ~,43,4a~ ~s~i aA 'wCC~D ST. ~ 1i 12 ~2? ~ ' a r- 10113 i ~} ~ _ ~. _ 9 .4 ~' . 20 81 15 ~ ~, .9• J 7~ 16 ~ J 1~_ ~' ~' ~'~ \~ RT a ~on~~~ I /'~~'A/D/.JN ..^/ T Y s vB. L/Mi TS ~ f ~ i I v i ~i f 29 1 ~ s! 1 Its `~ • ' ~'•~ ~f '-~ - 9- _? :~ o-, ~~ ~ i ,, ~. e ~ '~1L ti ~ ' 4 ~ S i, ~ !3 I b ! t' A 12 V ~ ' ZS Y 14 ~ 2i 1 ~/ 9 i 0 Y ~ is Qh~ n l ~ i . 21 ,3I C •~~~1~• i~~~~~~ ~ ]i so ,7 ie is it i it J jti •~. ~ • I ~ • • ,. ~I -4- • ~~ • •, ~ , ;, ~ • -1- j i ' - - - - - - - - ; R T 1 . • • • ~ r ~_~ • • ~;~;1NALTMAN LANE•• -~~-- •• _ _I_ ile' LI _74_ ~_ __ o .. ~.~. I .,. I i Uff' / `I /~V / V 4 , ~ I -JOB' / % Q r' _ ", ~ i ~O OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney r HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-48]3 Public Works/Building Department (208) 887-221 ] GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PRO WITH THE CITY OF MERIDIAN JECTS To insure that your comments and recommendations will be considered b t Mendian Planning ~ Zoning Commission, may we have your answer b Y he _ Y TRANSMITTAL DATE: 6/20/94 REQUEST: Conditiinln~~ ~ ~e., e_._.__.. _ _ _ BY: HEARING DATE: 7/~ygq, LOCATION OF PROPERTY OR PROJECT: South of Franklin Road a H!9hwav 69 nd West of JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z -.GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -,POLICE DEPARTMENT -CITY ATTORNEY ----CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 12, 1994, for the purpose of reviewing and considering the Application of Troy Green and Associates, far a Conditional Use Permit for land located in the NE 1/4 of Section 13, T.3N, R. 1 W, Boise, Meridian, Ada County, Idaho, and which property is generally located South of Franklin Road and West of Highway 69. The Application requests a Conditional Use Permit fora 243 unit mobile home park with a recreation vehicle storage area, recreation center and swimming pool. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and atl interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 20th day of June, 1994 a WILLIAM G. BERG, JR., ITY CLERK W ~ J ppmm S ~ W JJ ~N a as Nt~~NVa~ ~ m F -- ---~-- ~ m _ 238.4' b . ~ ~ '~ _ 5 ~.. .•. . W ''. ` U < ~ US r i. [ J77p <} to 6 J U_< dJ etll _~ ~~~ d w r~~ 316,6, a ~ ~ s. pppf 662 6" • ® ~ . • ~ • L.R 4 t29 86' R.V. 9T6iAGE 8 RNac[w .,~ 5®.d; i ea a sort :aml.H w. Y F i90.5i' 5206 149.6' MAY t G t~~4 ~~~'~ ~ ~~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME : 'TROY GREEN & ASSOCIATES PHONE 343-6408 ADDRESS : 2135 Ridaeview Wav Boise Idaho 83712 GENERAL LOCATION: Portion of the NE 1/4, Section 13, T 3N R 1W (South of Franklin Road & West of Highway 69) DESCRIPTION OF PROPOSED CONDITIONAL USE: A 243-Unit Mobile Home Park with a Recreation Vehicle storage area, recreation center and swimming pool. ZONING CLASSIFICATION: R-14 & RT PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEA~ that the Meridian Planning and Zoning Commission/ will hold ,1a Public Hearing in the Meridian City Hal l on r~f,~ [~-/ ~a ~~~l at ~ ~ 3~ D. /n . The purpose of the Hearing ..r is to consider a CONDITIONAL USE PERMIT submitted by f ~ /l 4 I~SSOCIC- e5 for the property generally described as located a~ SUBDIVISION LOT NUMBER BLOCK TO l . { S coNa-noNa~ USE APPUCATION^ TROY GREEN & ASSOCIATES 1. Applicant: Troy Green & Assodates 2135 Ridgeview Way Boise, Idaho 83712 Phone: 343408 2. Owners of Record: David L. Nordling & Yoshie K Nordling 528 Americana Blvd. Boise, Idaho 83702 James & Mary Ballantyne 10250 Whispering ClifFs Boise, Idaho 83704 Arthur L. Troutner 707 Troutner Way Boise, Idaho 83712 Dennis E. Heeb 3430A Terrace Boise, Idaho 83706 Paul H. & lone M. Troutner 629 Richmond Boise, Idaho 83706 Edward G. "Jerry" Jenkins 14221 Overland Ave. Caldwell, Idaho 83605 3. Legal description: A portion of the NE 1/4, Section 13, T.3N., R.1W., B.M., Ada County, Idaho (see attached legal descxiption). 4. See attadied affidavit of legal interest and purchase agreement. 5.& 6. The subject property is cunently vacant (agricultural land). 7. The applicant 'is requesting approval of a conditional use pem~it to construct and operate a mobile home park. The park would indude 243 rental spaces, a laundry center, recreation building (kitd~en, baths and lounge), recreational vehide storage area, guest parking faalities and a swimming pool. ro 8. See attached copies of vidnity map. 9. The subject parcel is located in a rrixed use area. Adjacent uses are as follows: north - comrnerdal operation, zoned GG; south -agricultural and commerdal (rrtini-storage fadlity, zoned RT and GG; east -multi family residential, mobile home subdivision and commerdal (vet dinic), zoned C-G & RT; west - comrrterdal and residential (contractor's yard, mini-storage and Franklin Square Subdivision), zoned C-G, R 1, R-8. Due to the mixed use nature of the area, a mobile home park would be vorr~atible with adjacent uses. 10. See attached list of property owners within 300 foot radius. 11. Fee attached. 12. Briggs Engineering will post the site. t,. r~ ~9 ~~ _ 3 ,~\ EXHIBIT "A" ~\ A permanent road easement being 50.00 feet in width being 25.00 feet on each side of the following described line. Said easement is located in the Northeast Quarter, Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described a$ follows: Commencing at the East Quarter corner of said Section 13, thence North 0°~ 22' 35" East 1132.00 feet along the Easterly boundary o~ said Section 13 to the REAL POINT OF B~G.INNING, thence South 89° 55' 45" West 994.21 feet, thence North 0° 18' 20" fast 450.00 feet. M r• ~ ~1 a~~ ~ SCHEDULE A ~1 The East Half (E ~) of the Northwest•Quarter (NW ~) of the Northeast Quarter (NE ~t)•and the Northeast Quarter (NE ~) of the Southwest Quarter (SW ~) of the Northeast Quarter (NE ~) of Section Thirteen (13), Township 3 North of Range 1 West of the Boise Meridian, (T3N, R1W, B.M.), in Ada County, State of Idaho, EXCEPT HOWEVER, That portion of the above described property conveyed to the 8oi~e Valley Railway Company by Deed recorded in Book 104 of Deeds at Page 213, Records of Ada County, State of Idaho, ALSO EXCEPTING Therefrom, the following described tract of land, to-wit: Beginning at the Southeast corner of the•NE ~, SW ~, NE ~;, Section 13, T3N, R1W, H.M. and running thence West 660.0 feet along fence line to the Southwest Corner of said NE ~;, SW ~, NE ~; of Section 13; thence North 101.5 feet along a fence line and the West side of • said NE ~1,~SW ~, NE ~ of Section 13, to an iron pin in the North bank of an irrigation ditch; thence South 86°O1' East along the North bank of said irrigation dit 149.6 feet to an iron pin; thence North 79°35' East along the North bank of said irrigation ditch 520.0 feet to an iron pin in the fence line along the Easi side of said NE ~, SW ~:, NE ~ of Section 13; thence ~, South 182.0 feet to an iron pin in the fence corner of~the Southeast corner of the NE ~, SW ~, NE ~, of Section 13 and the point of beginning, all situate in the NE fit, SW,~i, NE ~ of Section 13, T3N, R1W, B.M., in Ada County, State of Idaho, and, ,.. ALSO EXCEPTING Therefrom, the following described tract of land, to-wit: Beginning at an iron pin in the fence corner 25.0 feet South from the Northeast corner of the NE ~:, NW ~;, NE ~: of Section 13, T3N, Rlw, B.M. and running thence South along the East line of said NE ~, NW ~, NE 'y. of Section 13, 138.1 feet to an iron pin in a fence corner; thence •'' Westerly along the fence line 99.0 feet to an iron pin; then ' Northerly on a line perpendicular to•the North line of the NE ~, NW h, NE h of Section 13, 139.3 feet to an iron pin in the fence line; thence East along the fence line 100.0 feet to the point of beginnir all situate in the NE ~, NW ~C, NE ~ of Section 13, T3N, R1W, B.M., in Ada County, State of Idaho, and, ALSO EXCEPTING Therefrom, the following described tract of land, to-wit: Y ~ . ' ~ ~~~~ An irregular tract in T3N, R1W, B.M., in Ada described as follows: the NW k, NE ~ of Section 13, County, State of Idaho, From the Northeast corner of the NWT, NEB of said Section 13, T3N, R1W, B.M., thence West along the Section line 363.4 feet to a point; thence South 0°12' East 25.0 feet to a point in the South boundary of U. S. Highway 30, the real place of beginning; thence South 0°12' East 588.7 feet to an iron pin; thence North 72°30' West 316.8 feet to an iron pin; thence North 0°12' West 493.4 feet to an iron pin on the South boundary of U. S. Highway 30; thence East 302.0 feet to the real"pT~ace of beginning. ~ ~~ TOGETHER WITH ALL water, water rights, ditches and ditch . rights appertaining thereto. JUL-08-1900 11~30~ FROt1 ' . G~CG C.; c~.s,~n~1 STEWART TITLE hh=i I N TO 1:X11If119' "1~" LL,iAI, U1;aL1<11''1'1(.,N 3750013 A part of ..:.e Northwest Quarter of tl~o Northwest Quaz~er Ot the Northeast Quarter of Sectio,z 13, Township 3 North, pangs .;,:•~,:.~.,,';:; . l htesC of the Boise keridian, Ada County, Idaho, mote particu- -. _ •^~, ~ hirly ~ doscribed, : to-wit ~V: :.l:.:.. ~'4 •. ..' . ..;~,:,~,,~ -. , . " • ~. Commencfnry at the' Northca'st. cornoL of the said Northeast . ~'+`.:;;;.~;y,':. ~ ;,Quarter Of the tiotthwest Quarter 'oF tho Northeast Quarter . ,-. •~ of Sectfon 13, INITIAL POZHT of.L•tiis description; thence South 0°13'48" hest 313.10 L•cet, ~~lon~ *_he Sastern bound- ' ary of safd Northeast Quarter of~ t-hQ Ptorthwast Quarter cr~f the t~tortheast Quarter: thence horr.li 90°00'00" t9QSt 124.00 feet and parali¢1 with tnc hlortllcr,i l;ounduzy of said ilozthenst Quarter of tlic Nortl~west,• Quarter olE the North- east Quarter; thQnect North 0 ° ] 3' q 8" ~clS t 313.10 'fes*_ and pazallel with tt~e [i:~stcrn boundary cif sai~! tlorthQast '. Quarter of tl)c~ t:orthwcst (lu:ar*cc <,f f;hu :;orrhea,r. Quarter to, the Northern boundary oz saki t~:~r~ beast Qu:,rtor of the Northwest Quarter of the north~;ar nuart~r; rhQnce ~:orth 90°00'00" I:aSt• l'2q,00 l;urt, ulon~i t•hc ,:ort:hcrn houndury of said t:ortheast (luarrar o[ nc~~~~:c>rth,~est ~,~uarter oP the torthwest Quarter t•o ,•lic; 1?•~: ; i.~t, t'pTt1T oP r.),is description. P.01 ('' 3 'l'ha area G~ }oho] ;;rop¢rhy uru' ricl,ll: af. gray +s A,'s9] ucros. ~~ 26 ~.'-g WARRANTY PEED ~'' For Yalue Received N & D, INC. , an Idaho Corporation, ..the grantor, does hereby grant, bargain, sell and convey unto ARTHUR L. TROUTNER, a single man, as to a 54.94$ undivided interest; PAUL H. TROUTNER and ZONE M. TROUTNER, husband and wife, as to a 6$ undivided interest; JAMES H. BALLANTYNE and MARY HALLANTYNE, husband and wife, as to a 28.12$ undivided interest; DAVID L. NORDLING and YOSHIE NORDLING, husband and wife, a$ to a 8.75$ undivided interest; and DENNIS E. HEEB, a . .single man, a8 to a-2.19$ undivided interest, Whose current addresses ale ~~o_8alljtntyne hind Company, 4720 Fairview Avenue, Boise, ID, 83706, the grantees, the following descriueu premises, to-wit: All that part of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Hoise Meridian, Ada County, Idaho, lying North of the existing center line of Eight Mile Lateral of the Nampa and Meridian Irrigation District as the same is now constructed over and across said land. Said parcel is approximately six acres, more or less. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise apper- taining; and all water, water rights, ditches and ditch rights appurtenant thereto or connected therewith. Subject to all easements and rights-of-way of record or appearing on the land. SUBJECT TO that certain Deed of Trust wherein N & D, Inc., an Idaho corporation, is the grantor, Title and Trust Company, an Idaho corporation, is the trustee, and Eugene P. Ross and Barbara J. Ross, husband and wife,;are beneficiaries, .dated the 16th day of ~ 1982, Records of Ada County, Idaho, and the ~eec~ of trust indebtedness secured thereby, which Deed of Trust and deed of trust indebtedness is not assumed by,~Grantees herein. '~ Grantor does further convey unto said Grantees that certain easement creating ingress and egress roadways for the benefit of said premises, as particularly described on Exhibit "A" attached hereto and by this reference incorporated herein. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigns fore~•er. And the said Grantor does hereby covenant to and with the said Grantees ,that xbe it is the owner in !ee simple of said premises; that said premises ure free from all incumbrances, except current taxes and assessments, which are a lien bDt not yet due and payable, and easements and restrictions of record or visible on the premises, and that /~~ will wa~Tant and defend the same from all lawful claims whatsoever. ' Dated:. ~~ 1982. N & D, INC. G. iT`A~7'E q~ 1pAH0,'.COli1:TY OF ADA I STATE OF 1DAH0, COUNTY OF ~ rrwTw~ REAL ESTATE PURCH¢~E AND SALE AGREE~r;~t~T AND RECEI/'~FOR EARNEST MONEY TlSS (S A LEGALLY BINDING CONTRACT, ~ v THE ENTIRE DOCUMENT, INCLUDING THE GENERA, ,NTED PROVISIONS ON THE REVERSE 81DE • AND ANY'ATTACHMENTS, CAREFULL . , .rEFORE SIGNING. IF YOU HAVE ANY pUESTION8, CONSULT YOUR ATTORNEY BEFORE SIGNING. 1. IMPORTANT • AGENCY DISCLOSURE. At the time of signing This agreement the agarri working wNh U-e buyer represented Buyer and the agaM working with Ufa seller represented Cca j jpx .Each party signing this document confirms that pri« written discosure of • agency was Provided to h4rtAter rn this transaction. Each party to This transaction has read and understands Ute contents of Ute agency disclosure brochure previously received. ~~ ID# 274107 - Merit3i ~n ,Nano t9S~_ 7 •••-•---•~ roe , aa~~ ~~ tnnuwaef aria are urwersigneo baser agrees to sell the following de known as acres wank ~ , n R~ Sa Q „c~hPd r,a 1 city ~-Mprdi =n __ county a ,nom .warty, Iegalry described as: (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED OR ATTACHED PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over his signature Ure correct legal description of the premises U unavailable at the time a signing, ur to correct the lapel description previously entered y erroneous «irtcomplele.) 2. EARNEST MONEY. (a) Buyer hereb deposits as eamesl money and a receipt is hereby acknowledged or.~_`I9'1[)ttSa-,r3 and nn/100 ~~,~ deters (S )evidenced by: ^ Cash ^ Personal Check []Cashiers Check ®Nae Due ^ « (b) Eamesl Money to be deposited b (rust account upon acceptance by a4 parties and studt be how by: ~LisUng Broker ^ Selling Broker Other r« the benetA a the parties hereto, and l?aa ~ tv o jlEiliit~l7t: CGi (Broker) shall flow the completely executed broker's copy of this agreem~l and is responsible for Ilse Casing. (c)11 aA condNkxts have been met by Buyer, Buyer and SoUer agree Uiat lho earnest nwney (less credit report lees, and any other Buyer's costs) shati be refunded W Buyer In the event Buyer or Seller cannot consummate the sale due to circumstances beyond their control. (d) The parties agree that Rtawa ri- Ti t je _TrUe Company shall provide title policy and preliminary report of conxrtitment ~• and the "closing agency' f« this transaction shau be St-rx.ra r!• Ti tjE~.-1:hY'rd1rL.St . It a brig-term escrow /collection is involved, then the escrow twwer shah be 3. TOTAL PURCHASE PRICE IS ~ ive us an no ooLLARS(s ~ . Payable as follottrs: (a) S Cash down, Including above Eamesl Money (Closing coals are additional). (b) S --- ~ Balance of the purchase price (M.LP. not included). 4. FINANCING. This agr~ment k contingent upon the Buyer securing Uw losowing financing: ^ FHA, O vA, !] Cwrv, ^ IHA, ~ FmHA, ^ Assumption a existing ban(s).OOtner. (a) ^ NEW FINANCING. Purchase loan balance as noted above t« a period ot_years at_°,6 per annum. (It FHA or VA ban is sought, read the applicable provisions ort the reverse side hereof.) Buyer shall pay no more than points plus origination lee if any. Seller to pay onlY,the discount points necessary in «dar to obtain above descrbed financing but not !o exceed points. Any reduclbrt in pants shall first accrue to the benefit a the: U Buyer ^Seller ^ Divided Equally. (b) ~ ASSUMPTIOtf. Buyer to ASSUME and ^ will or ^ witi rwt be required to quality t« an EXISTING LOAN(S) a approximately Z at no more thar-~'Y° with monthly payments of approxkntately S fncluding ^ P ~ I ^ T ^ I. This agreement ^ does ^does rw1 require Lender to release Sellers Iiabiliry. Type of loan Buyer shell apply for such loan or assumption within three (3) banking days after Selbr's acceptance of this agreement. If an appraisal is required uruier Buyers financing contingency, premises m t a ra t no less than purchase price. :S. OTHER FINANCING, TERMS AND/OR CONDITIONS: a~en[tum lint ~r~i..•. ..F QGOA nnn nn i_ ~_ _ , y ~ _ 6. SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER OFFERS. This agreement provides for the Safer b continue to market the premises and accept other otters subject to Buyers rtgt-t to waive or rem_ ova the following contingencies. Any waiver «removal of any contingency as ' set forth In Paragraph k5 witi be a waiver or removal of as ~r-ttngencies rn Paragraph e5. (aj ~ Closing a on «bebre Dated win._ >„ n Upon waiver « removal of this contingency Buyer wartants that adequate funds needed to close will ba available and that Buyers ability to obtain financing is na conditioned upon sale andl« closing a any property. (b) ^ other (apectfy) IF THIS AGREEMENT IS SUBJECT TO Sellers right to continue to market the premises and accept other oilers as specified in Paragraph a5, Seller shall have the right to continue to otter the ttereln premises 1« sale and W aocept oHa~~W such time as said contingencies have been waived or removed by Buyer. Should Seller receive another aoceptabls oflar to purchase, Seller sheti glue Buyer calendar days written notice of such oiler. In the event the Buyer does not waive or remove the contingencies k- writing within Ute set calendar days noted above, then this Agreerr~nl shah be lerminated and aN deposits returned to Buyer less expenses incurred to date of termination. In the event the Buyer does waive or remove the contir-gendea, the Buyer shall proceed to purchase the premises under the remaining lemur and conditions a, this agreement nawithatandng that the terms a the new offer may be more «lesa favorable. Notice shall be considered given on the earlier of either personal delivery of mice b ti-e Buyer « their representative « two calendar days fotiowing the dale of malting evidenced by certification a the postmark on the envelope c«-taining such notice. AA notices shall be sent to the addresses shown on this agreement. .. 7. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (u FHA ~ vA tlnancing ie sought see item a t7 on reverse swe)~ S. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: >ur,>,A 9: COSTS PAID BY: Coc-s in additbn to those listed bebw may be Incurred by Buyer and Seller. Unless otherwise agreed herein, « provided by law or required by lender, Buyer shall purchase Sellers reserve account If ben assumption. ^ Yes No Purchasers Extended Coverage Title Policy requested. Additional premium paid by .See item M 20 on reverse side. If requested by lender «otherwise stated herein, the below costs witi be paw as indicated. Costa ~~ Loan Well PumpAnspsct. Cods Inspect ~« Tax Closlny long Tsrm Paid By Assumpt. Inspect. Sspdc . Y Rsquksd Servlco s Etaow BUYER F wA X X X X X X SELLER sxul~Eawur war «nerger «code repairs not to exceed S - _ 67 1~. CLOSING. On «bef«e uw closing dale, Buyer end Soler shall deposit with the closing agency aH lands and Instruments necessary to eomplote rho sale. the Gusuig dale shall 6ti be no later Than 11. POSSESSION. s9 Buyer ehau be to possession on O 9 ^ other 70 'Cbse,g' means the date on which as documents are eiUrer recorded « accepted by an escrow agent arxl the sale proceeds era available b Seller. Taxes and water assessments 7 t (using Ure last available assessment a6 a basis), rents, interest and reserves, Hens, encumbrances « oblkJations assumed and utikties shay be pro-raled es a 72 .Buyer shall pay I« fuel in tank, amount to be determined by the supplier at Sellers expense. 73 12. ACC Buyers aver Is made subject to the acceptarxw a Soler on «bet«e t2:00 o~clodc midnight a_ Anri ~ 9 1994 7a II Soler does na accept 'agreement wkhin the time specili a Earnest Money shall be refunded to Buyer on demand. 75 13. F T E EN OF THIS A R NT. 7s Uslirt~Llder MLSa 1Q3d._- n A MLSIt 77 . Sa _ [j 0 _ - By: ' ' MLSY 78 ~ s 79 Buyer Phone: Resider-ce - Business gp c ed A endutn(sl. Sea an9 e. nffe.r~- as ADDENDUM TO SALE^OREEMENT & RECEIPT FO'~EARNEST MONEY Exhibit A Earnest b9oney Receipt No. ID#274107 Date of: 81 Sale Agreement _~1pri1 5, 1994 ^ Counteroffer BUyef: ~y~_S~'QQ.IIQ~~QY DST"-P~n.T ayj„n M Kim~~ 3TlC3f Or'~.SS].L~jt3S Seller. James g Ballant;ne & Arrhtir L Trry~tnPr P.ar+-nE'rShi~1S Property Address: ?9 Acres Franklin Rd ~pri Ai an ~ attarhPr] legs 1 1,,_, Price }the $25,000 00 ppr acre Accuratt~ acreage to be determined by s ~ ,~,y to be yid for by the seller Fins 1 g-irchase ..grice to be ad,~ust~ed aft survey - ~d~ ~,. ?l'l~c~ /7cf^ Cr'' J'J.Gr~~h ~~+ Sod `/d ~ /37~ i- .6 ~ _,$_ ~$,Typ„r ~{t,~t~, ahle to secure ~, conditionaL1~~~.,;, i,t for const_r-~ction 6; ale c ~in_~ ~mn ~>ye~t,Ping ar,iP_ t ~urrl~~e._ad~c~ir~ing-q. 25 acres ,Q E /'~ AFFIDI~VIT OF LEGAL INTERST STATE OF IDAHO l ~ .. COUNTY OF ADA~ 1 ~~ Y> ~ ~ . Jt/v~ ~ t..ar~1 G- 5~ 8 L~ J`1G/z/cA,v.4- ~ i . l/~s.~ic.~ 6C . /S/o~LJrlG- ~~~, in 5.3~To2 . Inane) ~ (oddreee) ,Bp/sc~ (city) f ~ betnp First duly sworn upon ooth. depoe• end •ey: tstate) TF+et l ea, the record owner of the property deeeribed on the etloehed, and I Arent my pereteston tp S' UlJY' !' Gi<y~•/~ t1 cr Inaee) ~ (eddreeel ~. 3 ~/ 2... to eubmtt the eeooraponytnp eppltestton pertetntnp to thet property. 2. I spree to tndewntFy, deFend end hold Mertdten Ctty end tt"e eeplooyyes• F~erinles• From eny cletw or ltebtlttyy resulttnp From eny dt•pute ee !o the •tetea~ents contetned herein or ee to the ownsrsF+tp of the property rhtch to the aub~set of the epplteetton. Dated th t • ~~ Bey of ~~ y l g~l~. V (Stpnaturel 5l8SCR1BED MD SWOF2~1 to beFora ate the dey end yeer., Ftret ebova written. '~i. , v.~ ~. Notera~ Fubls_ For ~deho_~" Rsei.dinp of yam, _'~f = •~. My CeaMitiietor: Exp4re.e:~ ~t f AFFIDnV1T OF LEGAL 1NTERST STATE OF IDAHO l ~ .. COl1NTY OF ADA ~ l ~1~,~~5 ,l~ ~.t~Gt~3l/T'yNC / 0 2S0 1/~~~~'i^/G- ~/f/~' y ,c~3/a LC./~-~ry~yG' .disc ~ ~~ 8370 1. LL , (Home) loddr~sel (ctlyl (stok.el betnp ftre! du1 eoorn upon oeth. depose end eey: 1. TF+e! I ew the record a~rner of the properly deeertbsd on the e!leehsd. end ! pren! my permteeton !o ~5~'ci/-~t~T Gr~t~~ or (Hemel leddresel '' 7'~Z !o wbmt! the oeoampenytnp epplt:,ellan psrletntnp !o !he! propv !y. 2. I spree !o tndemntFy, deFend end hold Mw-tdton•Ctly end t!'s employees hermisae From ony elelm or ltabtltlyy resulttnp i'rom eny dtepule ee F..o the s!elemenle eontetned hereto ~ ee !o lFw osnerehtp of the properly r+F+tch to the eub~ee! oP the eppltcelton. Omtsd !h se ~ >~h aey of / ,~ ~ 19__x. SIBSGRIBED MD SWORN !o before me the day end yser fire! above rrt!len. ' f ~ •~ ~... - Notary Pu614 a- i'or I demo ' - My CeeiRfse t t~r~'_~~ :':,cr~'~ ~ ! Q/ ~' ~ - =t. r.. ... , ~; "~- -=~ - AFFIDAVIT OF LEGAL INTERST STATE OF IDAHO ) ss COl1NTY OF ADA ~ ) r . /~~T.~UTL ,L. • ?'roUr~l~r ~n~' Tn~v~~~1--~,4y , (Home) (oddreesl ~~5~_~ /_~ Q ^~~~ Z bs t np f ! rst du I y sworn upon V oath, depose end eey: (cttyl (atntel 1. That I em the record owner of the property dseertbed on the etteehsd. end I pront my permtseton o T~~i° ~'r~~ ~N z ~/.3~" ~2J1X~C'ti'~ y.,t3ocsa., i/J (Hemel (eddresel ~j37~Z to eubmtt the eeeomponytnp eppltcetton pertatntnp to that property. 2. I spree to tndew~ntFy, deFsnd end hold Mertdten Ctty end tt'e sniployeee hermleas From any cletm or ltebtlttyy rssulttnp From any dteppute ee to the etetsments eontetned herein or ee to the ownsrshtp of the property whtcF+ to the eub~eet oi' the eppltcetton. .. .- Dated this ~ ~ eey of / / ~y 19 ` l (Stpneturel 1~ SIBSCRIBED APO SWORN to bsi'ore me the day and.yae~'i`~iret above written. ., Nat~ra.,. (~ubl to For :deF,o_ Res[dtng of ~c My Coian-j7i.}on Expi~rxsi1:``'~'~~ ~~ . ~ .... .~ ,,.,1, ,. ,, ,... MAY-05-94 THU 08:3`3 AM REALTY.I.BALLANTYNE.C:] 3.53708 ~~ ~~ P. 0c AFF ! 011V t T ~F' LEGAL l N1'ERST STATE OF IDAHQ l •• COUNTY OF ADA ) . Inbmsl iaddr~sse) ~ (' ~ ~ O bSEhQ ~~rNk duly evgrn upon L `L O es dapeae pnd se ictty- lgtet.al b 1 • Tt.•k i ow love roer~d grnOY cit ti ., M~-vporky d.sertbvd on the ol.toehad. 'nd I fir'enti ^1,1 Perot f es t en (; .S ~rar~ ~~~~~, cr yr ~j I name J t ~.~I,~...•r ! ~ 2 7J ~.. Iea oubw~tk ll.. rwoo..pol+ytnp opplteo6tu.~ yo.-krt.+t..y ko khak propsr-ky. 2. I wee !o tndemntFy, de~'end end 1wld Merfd-pr; City end t!'a amp!oye.e Fverwlees frow any claim or ltebtt!!y ree lktnp from any dt~pt~t• ee ~o the slet~eta.nt• eonletned hereto or ee to the v'+Mrel+tp o~ the property wl~+tct+ i• the s~b~eck of kl,e eppltcettvn. ~G!/ OeE.ed t,h f e ~ ay of 19 ~ T I8tanatursl RlBED N+U SWQi?tV to be~aro me ~htt day o~d yeee- Ftrei, above wrtltien. .r' -- ,v n• :1 `tom... a•^, ~. ~t. y ... ~... . -~' -~ . . .. _ . :~ ~. ~`~"~ Nek.ary Publle F Ideha Reetdtnp ek ' ~f Goma1•^Iqn Exptr.ft v '~ .~...~ r AFFIDAVIT OF LEGAL 1NTERST STATE OF IDAHO l ~ .. COUNTY OF ADA ~ l . ~dn~ ~ . Try>7x.~-- , ~~ % 12i~r,~-~ ~~ ~;.~acr~, tnomel teddreeel ~~ ~~ betnp Ftret duly scorn upon .- oeth, depose end eey: (ctF.yl latet.el I. That I em the record o.ner of khe property deeertbed on the eklaehed. end I Arent ~ pereteeton s liar ~ Gr~~G ~.^ Grc~~ a r r- ~~ °ir .,~~.~~ x/3.5 ~'~t~c~~,~t-'~ i (nee+e 1 1 eddreee 1 ~• 3 7/ Z k.o eub~ut! t:he eeeon~ponytnp eppl tcelton pertetntnp F.o khe! property. 2. I spree !o tnde~nntFy, deFend end hold Mertdten Ctly and t!'e employyees hereless From eny eletm or ltebtltlyy reeulttnp From any disppute ee to khs etetements eonletned herein or ee to khe ovnsreF+tp of the property .rhtch to the sub~ee! of k,he epplteetton. ~~ Oet.ed t.h t • SI.BSCRIBED MD SWORN I:o beFore me the dey end y~ve.~- Ftret: ebovs vrrttk.en. ~. Notary Pus t t c For I der+o NSi :Ce ~m t se t on Exp t -e,o e ~ ~ ~ ~ ~~ ,..-. '~' .. a. /'~ AFF l OAV I T ~lF t~~~AL I NTERST STATE C1F I pAHQ ) ss CQUNTY QF AnA ) a ~ w ~ t` _ ~r ~ ~Q ~ ~1~C ~ 4 ~ l ' t^p1A°~ (oddreesl C l ~~ ~,~~ betno ftrsl dui acorn upon ooth, depose en eey; (etk~Ji skek.l , - n+e! I eT lha ~^eco.-d owner of the properly deecrtbed en the elldcF,ed. end j dren~ ey pen+~teaten !o~ ~;~~~ ~ ~ e.tr~t ~ l~~v ~ ~ ( eme- lx ~~ ~- (eddreeel -~~ 837/a le su~mf! li+e eeeempony~np epplttelton perletntn0 !o !ho! A~ops~ly. Z- , a0rse !o tndee+nlfy, deFmnd and l+eid t"(ar^tdtan Ctlpy end t!'e sTpie see her~ateee he~stnnor-aeetloolhalownarwF+tpsoFllhe~ ,•r~ e~vhlcF+ut® khslsub~ecl~oFplF,elappolnicetlon. P ~e'"!Si . Oelsd thte 511BEp MQ SWORN la bet'ore Ta li,e dey and yeer 1~irak above wrtllsn. " ~~• r j Nol;ery dub 1 i, ~ t deFre: R.e"sdtnp el - - ~.. My ±`e!nw+~alon Itxptreet.": ~~ n as Nt~~NVa~ -- ---~r- z3e..' ~ 5 5 '"~ es ~~~~ ' 31B. B' ~ ~ ® e ~ ~ 1 ® ~r ~ ~ • ~ ~ . L.R d'- .r ~r ~.i •'~~,~ J ~o ES ~~~~~ G ~ ~ ~~ - U J } r 129.85' R.V. BIWA[E 8 PAR(IRG R). 1 i9B.5i' 5yp.0 ~ ~ AFFIOAYIT OF LEGAL INTERST STATE OF IDAHO l ~ .. COUNTY OF ADA• l ... ( name 1 ( oddress 1 ~ ,,/`".GQ/b>An1 / /J C~c7(0~+~ b•Inp f tr•t duly scorn upon oath, depoe• end say: (city) tatetel 1. That I em the reeord orner of the property deeertbed on the attached, end I Arent my permtseton t .S• !/v~" ~ G/"c%~/~ ~..~ car ~ii °ir ~.u z.°r x/.3.5 ~'IL~G~:K~A~~,~1S~j I (Hems 1 t eddres• ) 8 3 ~/ 'Z to submit the eeoompenytnp eppltcetton pertolntnQ to that property. 2. I spree to tndemntFy, deFend end hold tMertdten City and tt'e emplooyyees hermlee• From sny claim ~ ltab-lttyy rseulttnp From any dt•pute e• to the •tetsmente contained herein a- a• to the ornershtp of ths,property rhteh t• the subset of the epplteetton. . ~. . , .' t7eted tht• ~5t~neturst S1.6SCRIBF~ MD SWORN to bsFor• me the day end ;,uur ~r•:r~ot above rrtttsn. _ ~ ~. _ G No teer•~~ Pub 1 i c~ or t deho ~ RsetdtnQ et '1~~: ' ~-~7-9(~ My Comm tee t on Exp t rice • .-- MAY-04-94 WED 03:01 P~REALTY.I.BALLANTYNE.CO ~ X3708 P.02 AFF I OAV I T OF t_EI^iAL I NTERST STATE OF IDAHO COUNTY OF ADA .. j . /Vet~.r ~tl~ /~~ ei~tt ~~ee~ T~~, r.~1~ /~'l~e~lu S~ . [Hemel to •trel ~~MDA T ~ / be t+to F t re! du l y e.orn upon ~.._ , ~G.4l.D 8a6~~ oath, depose end sey: tctl:yt [sstel.el Z. The! [ em !hs reeord owner of the property de.crtbed on !te ehk.oched. end [ pren! m perMteeton !o s1~~RT6~-E, T~ GR~E, _ ~~,,~ k~=- alas ,~~-~~ f~,a ~.~~ _ ~,~ _ r~' Ba ~~a (ne+eet ~ V leddresw`~ !o eubmt! the eeoompenytnp oppltcellen psrlelnrn~ !o lF+o! propsrk,y. ~ . i aprew !e a nds~un t Py , def Md end ho l d her t d t en C t ty end t k.' s amp [ oyysee I+arm [ s.a i'rom eny a[et~n er ltebtlllyy rseullino frw. any dtepu4.e ee !o k.hs etel.emente conk.efnsd herein or ee !e the owneret+lp of ll+e property vF~feh to tF+s sub~eel, of k,l,e epp[lealtvn. Doked l.i~tw ---,~---~e51 of 19 ~. n t53pnalurrl --^~ ~CR16Et) 11W !o bePors m. the day and y.er Firs! above vrckksn. ory Pub l t c Por [ d,gF,o .tdt~p ep ~ // ~/-J~/J _ ~ ~ Iremwteeton E~eplree: ~.L~=y ~ \~ NsMbd~ ,.~7a. ~ - - ia..oa - 4a. a Soo z ~ . ,~ - ---~ i es ~ s0 ~ .o ,¢0 es eo s w ~ J 7!.'~ ~ ^ 00! ^a ~ 0 0! 3 • ~iia ~ =ab i ~"" is pia ~ es~as S.u ~ ~ s ~ ~ ~ °5 ~P es.4a t M b • r / ~ ~ a7 w ~3 b 4 ~ !7 ss it ~ • ~l~l /YJn ~ 87.2d~ q p ~ ~. BZ I ' •a ~ ao a eo . ioo 28 •a s ae ° ab ~g io ;~~i 3 ~ s ~ ~ in ee.oa ~~ ~a•s 4a• ion ~ SS ~~~ R ps' ~ C ~ R, ~ ,,02 m ~ ~ i ia3 ~ b~a3 aa.se ~ i ti o is i7 i a ~ 'A 34x.9 .mil o . L 83 ~ 83 87. 87.3 ^ • 8,y. .i 1~,~ 96~ ~~i` \ 1Qj. 90a'IS'E 307 ( \ a° O a 9 y~~ a '-~Q a ~ ~ I ` x: Noa'43'M 303 ~ ` r-- ~ ~ o O S !mil 2 ( L/`/ NO 200 ~ S0 4 20A0 ?M24 ~ w •1 ^n ~(O L L ` L I { ~ ^ o . ,.~. _, _. _ .. ,,.. Soa' 47' 00'M D33.21 1 1 • 0 0 21t~ 0 2 ~~ 4.3 33 330 ~1 L ~- ..~. o o ah.•. Lt ... ~ ~ e ~ `~ L ~ ps •• pT ~ ~ •~ m o. _ - p,~ cr es ps c p ~ o ~•_ e o • 4 pp"p! ~ 0 ~ a p a 0 of Z • y o = ooc Si ~ o ES T ~ o G a 4B SE'p° ~•~ LA pOT •~ OOf g i T p!e a ii ~ ~ a~Li TQa ~ ~ ~ qp T¢'pB r °p 1d LOOM N3d ° ~~~ ~ rt . '~ it 08 u h Lt' p- Qr -- ~' Ot t ET o~ .~ aL'~T C~ ~E • 9C " pC LC pE ~ $ Ot LS t ~i ° ~'6 CC ~ ~ fS ocka 1~ AONIrI'~ x p'iL ~ ~ OS op ~ pi r ~ ~ c~ • e ~~' f¢ iif v p pT . ~ t u ~ Ii ~ ~ L cs op oc•a ~ YiVI~ ~ Z p o•ec op pry pc ~` • `° o es iT sT pso p s b pf b N ~L'OLT ~ C ~ i C ~ p p Lo p ~ B T ~~' m yp°fi i LS 11 ~ __ ,• a ocs pr • cp tip ~ ` p p L g p ' of S .~ 8 T ~ ~ ~~ `\ p•Ea osi o'ae u e 0e ~ ~" p o ~ ~~ p OS OiL p. ~w~ O ,. ~ ~ J L o pi@ M•~•2 LN SS p ~'~~ o ES ' ~' LS ~ • O c `S r i rT ~~ r •~ C 0 a ~ M i 0 ~ ~p O S p p • Tr`, ~ 0 S' _ ~. ~~, ,~ ®~ -- _____- 3 r1CAL. G.7 I rA I CONTpACT, READ THE ENTIRE OOCt1MENT, INCLUDING Tt'tE GENERAL PRINTED PR $. ~T~~ ~ ATTAR ~, CAREFULLY, BEFORE SIGN1N~i. IF YOU HAVE ANY GU~STIONB, CONSULT YOUR ATTORNEY BEFORE 4 G ~~ of sipnln0 wis agreement Cw agent wo~w~ s~ Y~ ~~~~t that priru writt~r disaosure of 5 1. 1 RTANT -AGENCY DISCLOSURE. ~'S-~"'° drscloaure brochure previously received. e turd C-e again ygorkirw wiCt wo setlar represented b Cris varuactan rtes read and understands the contents of the agency A,QY•11 5 - 19 94 T agrtrtcy was protfidelf ip himAter b Cds bartsaction. Each paAy Mori rji an .Idaho 8 reel es ate rains er re err t0 ID# 2 7 410 9 ~ ~° ~"'~'" 9 r agrees e hererna ~ agrees to pu , a e an l iri -- 11 ati desr.ribedaa• 9 ~S ~rPG near ~~ 12 known 8s County a na~.__.__._ Idaho leg Y Gihl ~ u[~,ri rli an - ESC l E ATTACHED PRIOR TO EXECUTION BAY StEpL~LEPfe ~~y entered ifs roneous or itxomPta~ r 15 (~ ~ D descdptton a we premises d unavailable at the tuns a syrxM. or b tortes the legal • ttis signature the correct legal daiare 18 2. EARNEST MONEY. d or_F3.31r~ 17 posits as eamgst morteY >~ a rece~ ~ hereby a~ckrtowtedGe 18 (a) [~ Cash ^ Personal Cheat ^Cashiers Check ~ Noto Duo ^ nr rBroker) 19 )evidenced by: m t'] 20 (_ ip ~ ~posi(ed fn trust account tiport acceptance by atl parties an~dpt~},VhO~by• Listing Broker ^Selling Broker Other - (b) f arrest M«tey ~ we benefit a trte Parties hereto. and.~~~. other Buyers costs) shah be refunded b Buyer 21 brokers copy a This agreement arm (a responsible for the elosirxJ. rt tees. and any 22 shay hold we corttpletely exeC4ted er, Buyer 8nd Seller agree that the earttest money (bsa credit repo (c) If atl cor-dtb~ have bean met by Buy qtd their cortUa. ~ preliminary report of comrrutmenl 23 in the event Buyer or Seller cannot consummate the seta due to circtxttstances bell Title Company shall provide title pdicy tee that ., - ~,,.~.., . M a tong•term escrow /collection is involved. then the eituow 25 (d) The parties ag apSar~n iSe 28 and the'dosing ag~u ~11t1 shay ba a e 27 Hader ahatl be 2a 3, TOTAL PURCHASE PRICE 1 1 29 Dot.LARSyi above Earnest Morey (Closing costs are addiGonai)• 30 payable w fQJIPM{~~0. ~~ Cash down. Including M.I.P. not included). 31 (a) s 33 ~I vV Bular-ce a the Purarase prw•o ( on a existing IoenlSl. DOttwr~ ~ lb) i ~ ^ FHA. ~ VA. ^ Conv, ^ IHA, ~ FmHA, (] Assumpti le provisions nt Cte Brryw ascrttirtg the fabwing finanr~tg~ r annum. (11 FHA or VA ban is srwght, read the applicab ~ 4. FINANCING. This agrearrtenl ~ cwtigipe `~°n above for aperiod a --Years at_._.i6Setler to pay oN the discount {>otnts necetrsary in order to obtain above ~ (a) ^ NEW FINANCING. Purchase ban balance as noted plus origination lee d any. YY ~ rtwre Utah -PanD [JBuyer ^Setler ^ Divided Equally. on ttte reverse side hereof.) Buyer shall pay no ~. Any reduction in pants shall lust accrue b the benefit of the. roximately t T t. 38 described financing but trot to exceed -Pm^ for an EXISTING LOAN(S) of aPP trtcludktg ^ P ^ I ^ ^ (b) ^ ASSUMPTION. Buyer to ASSUME and ^ will or ^witl not be required to quakN n 96 wiCt monthly payrrterds a approximately S at no more the does na require Lender to release Setlere IiaWlity. Type a ban 39 This agreement ^ des ^ m lion within three (31 parttting days after Sellars acceptance of this agreement• 40 BuyrK shall apply for sactt loan or asw P contingency, Premises must appraise at no less than purchase rice. 41 II an appraisal is required under Buyers financing 42 5. OTHER FINANCING, TERMS AND/OR CONDITIONS: • 43 44 MARKET THE PREMISES AND ACCEPT OTHER OFFERS. This agreement Provides for Use se-ter b a5 ' oUowln contingencies. Any waiver or removal a any contingency as 47 6. SELLER'S RIGHT TO CONTINUE TAO otters sub)ect a BtrYe's rigt-t to waive or remove th ,~ continue to market the premises and accept sin Paragraph e5. 49 set toAh In.Paregrapb s5 will be a waiver or removal of all conlinger-cJe ~ or before a obtain financing is not ~ • la) ^ Clodng °t to dose wtll tie available and Iltat Buyers abWty 51 listed wi Bu er warrants that adequate funds needed 6's • Upon waiver or removal a this contingercy Y es, Setler shall have Cie right a 5: conditbned tgton sale andlor dosing a enY Pr~rtY• fled in Paragraph (b)^Other (spedtY) t other offers as spec g er. should seller racdve 5' to cpnUrue to market the Premises and acceP IF THIS AGREEMENT IS SUBJECT TO Sellers right oHere until suet lkne ~ said wntingertaec ~ ofle~ln ihe~even rwe Bute does not waive or rantove the s cattinue to otter the heron premises for sale and accept '. ~ * caier-dar days wriCen noti;;e a such re returned b Buyer less expenses Incurted to date another ttccapteble oiler to purchase., Seller strait give Buye_u~.o-- r terms and conditions 5 within the set calendar days treed above. Cten this Agreement shatl be lerminaled and all deposf delivery a cor-Ungerteles In writing es, the Buyer chatl proceed b pwatase the premises under the r0maidng such Y of terminetlon• In itte event the Buyer does waive or e ~ ~e ~~C~ ~ or leas lavurabla. Notice shay be considered given on the e8rlie~ en elope contaf~n9 f of Chic Agreement nolwltttal8r-ding that the terrrw a lh ~ date a mailing evidenced by ceNficati0n of we postrna notice°to the Buye of weir representative or two calendar days ta-owing f .rwtroe. Atl notices st-atl be Bent b the addresses shown on this egraamenl. t 7. ITEMS $PECiFICALLY INCLUDED IN TMIS SALE (~ FHA l VA tuuutdng is sought see item r t~ vn reverse side)• law or required by 8. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: 9, COSTS PAID BY• Costs in addttton to those ksted bebw may be incurred by Buyer and Seller. Unless otherwise agreed herein, or provided y . See item 1120 on reverse side. lender, Buye shah purchase Sellars reserve account if loan assumption. ^ Yes No Purchasers Fattended Coverage Title Pa~ requested. Additional premium paid by H requested by lender or oiherwlce stated herein. Cte below costs wW be Pab as indicated. Lettg Taint Cods c~a ~ Tax Esuotr Costa ~~ tAen Inapt ~ y ppuksd Servke Paid By APPr Aawmpt. BUYER _~_ N!A SELLER trlu~eouNlr Cool of lender or code repaus not b exceed S 10, CLOSING. On a before the aoefng date, Buyer and Seger shatl deposit wiw the closing agency all funds and inctiuments necessary to complete the sale. The dosing date she ha no later than_(~ ~ r 1 11: POSSESSION. Buyer anau be entitled to possestsiort on ^ dosing Ci other 'Closk-g' means the date on which atl documents are'either reGo[Oed or accepted by an escrow agent and the sale proceeds are available to Setler. Taxes and water assessments (using Cte last available assessment as a basis), rams. Interest and reserves. Hens, encumbrances or obtlgatbns assumed eartdtutitltie~ aatl be pro-rated as a . Buyer shall pay for fuel iii tank, amount to be determined by we ~r §, 4 12. ACCEPTANC .Buyers afar is made subted to the acceptance a Setler on or before 12:00 o'dodt midnight a II Setler does not accept this agreemem within the i specified, Cte ensue Earnest Money sttatl be refunded b Boyar on demand. MLSs 13. TIME IS OF THE E 1 REEMENT. , MLSr Se r"g MLSU • SM BY' •~ r -- -- i ~'r- ~ TL~i ca T~3~2 BY' Buyef ass Business Bu er Buyers Pitons: Reaidartce r' Sate attached ter Offer(s) ~ a c d de dum ewr-ent and agree b cony aA all~Ihe feints Ctereot on the Pan a the Seller. t On . UWe Hereby a arw accept Use a sal IoM in the above agr - - ^/ --~ .............~dina .frs/ i/i-. /1A./ ~ t' i y ~ _ ~1,yY ' .; " yu~s'r~x ~. ~ ". ,,: Arrnx xnccxDlNd RpTUAN x~l pWIONT r, ltICK10L,:, ~ ;,,~ . Attprpay -t LaW ~ ~ • ," '., p~ira, Idaho x3107 1 i,l ~1);'TCI.AI11 pEtlp ORANTOxI ~aoN and ittA Y. HUDtlON, hurbrnd Ynd t+Et+• CLEtI L. liVO t7LEN L. i1UD9GN AND 1MA Y. IWprON, Atl CO-TXVtl'1'EGJ Or 1'il ORAIITGEt OI.EI~ ANp 1MA IiUptlON TRUr'f UUpEx TRUST AOkntillGNT pATt:~ THUbTL'11 R'NtlFGUpDCxplx OU1ltl'PITU'il+r Al1D tlUCCCdtlJ14tl A9 OFAN'f11N'd AUUxnli9t ,~d90 N. Black Crt Nua1, ldatlafan, ldrl,o 43012. DL'tlCRIPTtOU Or xSAL YILOPnR'1'Y CUNVGYn-- 21Y Tiilti UGEUI A pcut3olt of th+ Noctltoart Qu~Td~l~o, tlor oparUouurly darcrlL+dlor Range 1 Nart, llulr• MaidLn; Ada County, toUow r l CowtuancinG at Ut• lbart Qur>;t°r cot-tk.ol H 1dnid~o-nd~tl.cuonolBt raid 9rct.ian 13, T• ~ N., - brink cotuwon to 11,anc• T. 3 N., x. l.t., n.M.l Nuttlt 0°22'33" 17nat, alouy tl'.+ ewtlon 11tt- common to snld 9ocuclu 1 ..tut, rald U.;1nt Ur11ly orl til• yuuthYna con~ar of and ld, 1000.23 lYnt to a l " unic°r of tl~o Northnant tlin Nolth belt of tLa No-'tn 11°lf ~t thY SoutLsort G t;,rncr Qus[trr (N 1/2 N 1/2 tiG 1/4 HE 1~~) of cold doyultuo ut Held 1! li"t N 1'3 q~n 9outLntly „lr.t hnlny tug dvuUl Oti~~7'06" W+nl c1..9i.24 fYnt to Y yuU1t, Ynld y" ctl~YUCn ccnUnuuty rlouy ll~n -n1d 5outi,nrl'! yg 1/` N6 1/~ of BecUUU 13, ittAl, 1'u111T OY IiGO1Nt71N0; llna ,cn t. bYnly t1~Y ~outlrNr,t tiouth 89°+7'Oo" Nnr[,- 7y0. ~'~ fnY~ to q C ` UlY 11GC cornor of the N 1/2 N 1/2 3ti t/'1 11 Y: 1/1 04 rs/1 yLou~ dni,! of anld SE 1!i Notth 0°13Yd" tiast, olony tho WontnrlY 11Ea1/ yl~ t ou u ed•.m ter lilt .L tltYli]liT h11l.E 111A'1't:kAld.; tlwneel 7~d.1G feel W Y tLn cnntor fern 111fN 1/'_IN 1/t 511 tiuutlt 57°Udl, t oEr[I~YONultnnrly -,uundsrY o 746.38 t+•t to a p tJl; 1/'1 04 aa41 gnctlun; tLoucu ~UITCLAl11 DEED - Pt.y° 1 0[ ~ Yayor ~• ,.~~. ' r-~ ~Xi~if3iT /3 . ~. 8zz~118 ~ 'WARRANTY DEED i~~ ~7~L/~ y ~,~" For Value Received N & D, INC. , an Idaho Corporation, the grantor, does hereby grant, bargain, sell and convey unto ARTHUR L. TROUTNER, a single man, as to a 54.94$ undivided interest; PAUL H. TROUTNER and IONE M. TROUTNER, husband and wife, as to a 6$ undivided interest; JAMES H. BALLANTYNE and MARY BALLANTYNE, husband and wife, as to a 28.12 undivided interest; DAVID L. NORDLING and YOSHIE NORDLIIJG, husband and wife, as to a 8.75$ undivided interest; and DENNIS E. HEEB, a single man, as to a 2.19$ undivided interest, whose current addresses are c/o Ballantyne Land Company, 9720 Fairview Avenue, Boise, ID, 83706, the grantees, the following described premises, to-wit: All that part of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying North of the existing center line of Eight Mile Lateral of the Nampa and Meridian Irrigation District as the same is now constructed over and across said land. Said parcel is approximately six acres, more or less. ..' Together with all and. singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise apper- taining; and all water, water rights, ditches and ditch rights appurtenant thereto or connected therewith. Subject to all easements and rights-of-way of record or appearing on the land. SUBJECT TO that certain Deed of Trust wherein N & D, Inc., an Idaho corporation, is the grantor, Title and Trust Company, an Idaho corporation, is the trustee, and Eugene P. Ross and Barbara J. Ross, husband and wife, are beneficiaries, dated the 16th day of June, 1982, .Records of Ada County, Idaho, and the deed of trust indebtedness secured thereby, which Deed of Trust and deed of trust indebtedness is not assumed by Grantees herein. -"- Grantor does further convey unto said Grantees that certain easement creating i:zgress and egress roadways for the benefit of said premises, as particularly described on Exhibit "A" attached hereto and by this reference incorporated herein. TO NAVE AID TO }TOLD the said premises, v-ith their appurtenances unto the said Grantees , their heirs and assigns lore~•er. And the said Grantor does hereby covenant to and With the said Grantees ,that xh~ it is the ov~'ner in fee simple of said premises; that said me xfienc e.rn 4rnn ~rnr.~ ell in mier~~.r•o nnnc Gvnor-~- ~~•....~.~... i. t........ ...~~ _~~~~____i_ __L ' _.+- . . ~_(~~~ An irregular tract in the NW k, NE ~ of Section 13, T3N, R1W, B.M., in Ada County, State of Idaho, described as follows: From the Northeast corner of the NW4, NEB of said Section 13, T3N, R1W, B.M., thence West along the Section line 363.4 feet to a point; thence South 0°12' East 25.0 feet to a point in the South boundary of U. S. Highway 30, the real place of beginning; thence South 0°12' East 588.7 feet to an iron pin; thence North 72°30' West 316.8 feet to an iron pin; thence North 0°12' West 493.4 feet to an iron pin on the South bound • of U. S. Highway 30;•.thence • East 302.0 feet to the real place of beginning. TOGETHER WITH ALL water, water rights, ditches and ditch rights appertaining thereto. i ~~ ~' ~ • ~~ -: a~ A~ ~ ~?~~IiBi r' '~}'~ / SCHEDULE A The East Half (E ~) of the Northwest•Quarter (NW fix) of the Northeast Quarter (NE ~) and the Northeast Quarter (NE ~) of the Southwest Quarter (SW ~) of the Northeast Quarter (NE ~) of Section Thirteen (13), Township 3 North of Range 1 West of the Boise Meridian, (T3N, R1W, B.M.), in Ada County, State of Idaho, EXCEPT HOWEVER, That portion of the above described property conveyed to the Boise Valley Railway Company by Deed recorded in Book 104 of Deeds at Page 213, Records of Ada County, State of Idaho, ALSO EXCEPTING Therefrom, the following described tract of land, to-wit• North 79°35' East along the North bank of said irrigation ditch 520.0 feet to an iron pin in the fence line along the Easi side of said NE ~i, SW 'y., NE ~ of Section 13; thence South 182.0 feet to an iron pin in the fence corner of the Southeast corner of the NE ~, SW ;, NE ~; of Section 13 and the point of beginning, all situate in the NE ~, SW ?~, NE ~: of Section 13, T3N, R1W, B.M., in Ada County, State of Idaho, and, Beginning at the Southeast corner of the.NE ~, SW ~;, NE a, Section 13, T3N, R1W, B.M. and running thence West 660.0 feet along fence line to the Southwest Corner of said NE ;, SW ;, NE ~; of Section 13; thence North 101.5 feet along a fence line and the West side of said NE ~, SW ~:, NE ~ of Section 13, to an iron pin in the North bank of an irrigation ditch; thence South 86°O1' East along the North bank of said irrigation ditci 149.6 feet to an iron pin; thence ALSO EXCEPTING Therefrom, the following described tract of land, to-wit: `' Beginning at an~iron pin in the fence corner 25.0 feet South from the Northeast corner of the NE ~,, NW ~, NE ~: of Section 13, T3N, R1W, B.M. and running thence South along the East line of said NE ~, NW ;:, NE ~; of Section 13, 138.1 feet to an iron pin in a fence corner; thence •'~ t .. . ~_`~~~ An irregular tract in the NW ~, NE ~ of Section 13, T3N, R1W, B.M., in Ada County, State of Idaho, described as follows: From the Northeast corner of the NW;, NE# of said Section 13, T3N, R1W, B.M., thence West along the Section lin:~ 363.4 feet to a point; thence South 0°12' East 25.0 feet to a point in the. South boundary of U. S. Highway 30, the real place of beginning; thence South 0°12' East 588.7 feet to an iron pin; thence North 72°30' West 316.8 feet to an iron pin; thence North 0°12' West 993.4 feet to an iron pin on the South boundar of U. S. Highway 30;--thence East 302.0 feet to the real place of beginning. TOGETHER WITH ALL water, water rights, ditches and ditch rights appertaining thereto. ... ' .~ - ~ ~ A patct of .:.e ttorthcast quarter ot: tl~o „orthwest Quarter • of tht3 Northeast Quarter of Section 13, Township 3 Nocth, P.ange •. 1.WesC.of the I30i$Q Meridian, Ada.COunty, Idaho, moze.particu- •:, •1~r1y Qescribed, to-wit:. ~ ~ . '`~ °4' ..Commencing at the Northeast corner ol? tho said Northeast. • .:;QuartPr~O~ the 2toYthwest Quarter of tho Northeast Quarter ..~ ~ • •Of Section 13, INITIAL. POINT of :this description; thence South 0°]3'48" hest 313.10 feet, Alan~3 the 'r~istern bound- ~ ary Of Said Nort:heas>r Quarter of the ttorthwcst Quarter of the tortheast Quartet; thence. horr.l~ 90°00' 00" i,'est 124.00 feet and parallcri with the Wortl~cr,~ I~oundury of said northeast Quarter of Ilte Norti)wesL• Quurt~r of thct ptorth- east Quarter; thctnco taox tt~ 0 ° l 3' 4 t3" t:t~s t 313.10 fce* and paral]el with the t:.~stern boundary <~f said ttorth¢ast: Quarter of the: t:orthwcst (lu:~rt•<:r ~,L +; h,. :;art.heast Quarter • to, the Northern boundary of said t•:c~r~ he:~st Quartc~x of the 2iorthwest Quarter of the >vort:lie~sr nuact~r; thence r:orth 90°00'00" 1ia31` ]=24,00 l;u,:t, ~,la:,~,+ t•Lc~ ,:ort•.hcrn houndary of said tortheast Cuart•ar of nc~rlt~rth:rest ~,~ua:ter of the northeast Quarter co +•h~~ T?:: i l,~l. NU1!;T of +:his description. •• ~ '!'hQ are: Gf ~'.o*ol ;~rgc~ar~y t,n~: right of. gray is Q.~?1 acres, ~~ ~. i , t t i i a, t A 1 r~ ~nw- ~'tCAL C.71 A 1 G f vn~.r rr~.aa- e~~w vr+r........ _ ..._... - -- -. THISr IS A LEQALLY BINDiNti CONTRACT, READ THE ENTIRE OOCUYENT, INCLUDING THE GENERAL PRINTED PROVISIONS ON M n~ ANp ANY ATTACHIAENTB, CAREFULLY, BEFORE fi1GNtNG. IF YOU HAVE ANY GUfESTIONS, COHSUIT YOUR ATTORNEY BEFOitE SKiNING• 1 IMPORTANT -AGENCY DISCLOSURE. ~ me of signkrg this agreement the agent wonting with the buy ~+~ ~ t ttrat prior writlert discbsure of r .Each parry ~ diacbeure brochure previously received. and itre spent yyorkir-g wUh rho eater represented, any was provides 1p himRtar w the transaGpn. Each parry to this trarrcaction has read and wWerstands the contents of the agency . id' ars April 5 19 94 (tlereNtaIIer CBaeQ "tsuyerl agrvea w yu.vfwoo, •••••• ••••• ••••--._.i.--- ------ - - . known a8 Z 75 ~,TE+'.± r is L ii a^u 1 n Fity ~ ~ir;1~ a~_,_ County of Ada - .Idaho, legally descnbed as (A FU D ESC B N E ATTACHED PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker W insert over a the premises it txtavailaba at the time a signutg, or to c«rect the agar description previously entered it erroneous or incompate.) Iris signaWre the correct legal descriptlon 2. EARNEST MONEY. } nua n nA n 1 pQ ,_.__dollars (a) Ye a eb posits 8S aernySt money and a receipt is hereby ackrtorMedged of~'311i~' . ~1---~ On acrei,~anc-P l5 )evidenced by: ^ Cash ^ Personal Cttack []Casitars Check X7 Noto Duo ^ or (b) lamest (r(orrey to be deposi(ed in trust account upon acceptance by ell parties and shall bo held by: Listing Broker ~ S~enling Broker ~ Other Broker) RPa 1 V ~~, - ~- the benefit of the parties hereto, and r.._.._~ shall hold the completely executed brokers Dopy of Iha agreement and. a responsUNe for rtes dosing... (c) if all cortditiorts have been met by Buyer, Buyer and Sauer agree that the eamesl money Foss credit report fees. and any other Buyers costs) shall be refunded W Buyer in the event Buyer «Soler cannot consummate the sale due to circumstances beyond their contrd. n of commitment (d) The partes agree Thal ~}P1a7a rl- Ti 1-1 a -Tills Company shall provide rile policy and preUminary repo end we'dosing a f« th uap~ shall be ~ '?..__,.. If a long-lean escrow /collection is involved, then the escrow holder shell be ~ ~1~'e a lee 9. TOTAL PURCHASE PRICE IS DOLLARS' (~ _.~,$~.QQQ..QQ-----*-~ Payable u (a) Z •" "(jQ, QQ Cash down, InGuding above Earnest Money (Cbsfrq costa are adtLtional)• (b) S Baance of the purdrase prM.o (M.I.P. not included). 4. FINANCING. This aprewMru ie ccntipgent upon the Buyer securing tl-s Idbwxrg Irnsncurg. ^ FHA, D vA, ^ Conv, ^ IHA, O FmNA. ^ Assumption of existing wen(s). pUttter. (a) ^ NEW FINANCING. Purchase loan balance as rested above f« a parr a«igirtation fee d any. Seller to pay(loN the discount pdMs necessary in oder~to obPainvabovo on the reverse side hereof.) Buyer shall pay no more than pokes pl described tinarx:ing but not to exceed points. Any reduction in points shall first accrue to the benefit of the: Buyer ^Seller ^ Divided Equally. (b) [] ASSUMPTION. Buyer to ASSUME and ^ will or ^wiU not bs required !o quakty f« en EXISTINf3 LOAN(S) of approximately i Including (] P [] I ^ T ^ i at no m«e than 96 with monthry payments of approximately S . This agreement ^ does ^ does not require Lander to release Sellers Uability. Type of loan Buyer shell apply for such loan or aswmption within thrw (3) banking days otter Seller's acceptance of this agreement. 11 an appraisal is required under Buyers financing contlngertcy, premises must appraise at no asrsltld nR p nt>nse p0 e ~ ~ ~; ~ i n ~, eG,~La 1 5. OTHER FINANCING, TERMS AND/OR CONDITIONS: alanr•P of (-. 4 5 8 8 9 10 11 12 13 1a 15 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3a 35 38 37 38 39 40 41 43 47 . 44 6. SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER OFFERS. rnis agreement provides for the seller w a5 rx>ntlnue to market the premises and accept other offers subject to Buyers right to waive «remove the following contingencies. Any waiver or removal of any contingency as 48 set forth In.Paragraph f15 wUl be a waiver or removal of all cortingertcjes In Paragraph I~ or bet«e ~ (a) [~ Closing of 49 listed wi • Upon waver or removal of this contingency Buyer warrants that adequate lands needed to dpse wUl be avaitaba and that Buyers ability to obtain financing is not 50 conditioned ~n sale endl« doing of enY DroPehY• 52 (b) ^ Other' (spedfy) Yb, Seller shall have the right to 53 IF THIS AQREEMENT IS SUBJECT TO Sellers right to p«tUnue a market tl+e premises and accept other oilers as specified in Paragraph rartgnue to offer the he`sin Premises f« sae and to accept otters until such time as said r;ontingendes have been waived « removed by Buyer. Should Seller receive 54 brother aocepteble otter to purchase. Seller shall give Buyer N/A calendar days written notice of such otler. in the event the Buyer does not waive « remove the 65 contlngendes w wriWrg within the set calendar days noted above. then this Agreement shall be Terminated and all deposits returned to Buyer Tess expenses incurred to date 56 of IergtineUon. In the event the Buyer does waive «remove the corttlr-gencies, the Buyer shall prot:eed b puchase the premises under the remeirring terms and conditions 57 of Chic agreement notvrithetar-ding That the terms of (he trees offer may be more « less lavorebw. Notice she ybe considered given on the earlier~M a ebpe containting such 59 notice~to the Buyer of their representative «two caar-dar days IoUowing tl-a date of mafkng evidenced b certlficetWn of the postrna ~ notice, AU notices shall be sent to the addresses shown on this agreement. 81 7. ITEMS SPECIFICALLY INCLUDED IN TMIS SALE (d FH/- / VA financing is s«rght see item tt 17 on reverse side)' s2 • s3 8. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: 9. COSTS PAID BY: Costs in addition to those ksted below may be Incurred by Buyer and Sauer. Unless otherwise agreed herein, or provided by aw « required by 65 ender, Buyer shall purchase Sellars reserve account it loan assumption. .See item ff 20 on reverse side. 66 f-1 Yes (~ No Purchasers Extended Coverage TUIe Policy requested. Additional premium paid by If requested by lender «otherwise stated herein, the haves costs wW be Paid as indicated. - Well PYagtlkupsa. Cods Inspect. LsrxNr ar Contract ndfor Tax Costs LOar Cods ~ Service Psld By ~~~ Aswmpt. Inspect. >isPtlc M Ralulnd ..BUYER WA _-~--- SELLER -`--~- v arwc~wwa., ~ 67 Coat d lerxfer or code repairs not to exceed Z 10, CLOSING. On~ or.~~ 1 ~ 4 Yer and Seller shad deposit with the dosing agency all I:,nds and inatrumerUs necessary to complete the sale. The closing date shall Gs be rte later the ~ 70 11: POSSESSION. Buyer shay be erdided to posseatsiort or l7 dorms Ci other 'Closing' means the data on wtrich all documents are either refc[Qed « accepted by an escrow agent and the sale Proceeds are avaiaba to Seller. Taxes end water assessments 71 (using the Ias1 avaiaba assessment as a heals), rents, Interest and reserves, Nana, encumbrances «obUgations sssrxned and uliUlies shall be pro-raled as of 72 .Buyer shall pay t« fuel iri tank, amount fo be determined by the supP~e~r ail, SaUerf, exr~nSd., 4 74 11 yr_~~7 12. ACCEPTANC . Buyers offer is made subject to the acceptartcs of Sever on «belore t2:00 o'clock midnight of 75 ......-- ,_-- _-• --_......,.;- -...ee..,e,,, u,irrun rap rime specified. the entire Earnest Money shall be refunded to Buyer On demand. 76 ~~ ~ ~ - ~ ~I~l -r~ I W ~ CITY OF MERIDIAN ZONING JAN. 28, 1992 :HIS DRAWL NG I S I NTENOED FOR fFERENCE PURPOSES ONLY. :ESA PLANNI NG ASSOCI ATI ON WI LL ^T BE RESPONSIBLE FOR ANY ~fACCURACI ES CONTAI NEO HEREI NR * COI.MY ZONNG Association 413 NL Idaho suite 100 Boise, Idaho 8370: Pr ovi ded by Ada PI onni ng Meridian City Council September 6, 1994 Page 37 Kingsford: Yes, all those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: Mr. Mayor, I move we have a 5 minute recess. FIVE MINUTE RECESS Kingsford: Let's call the meeting back to order. ITEM #22: REQUEST FOR ANNEXATION AND ZONING FOR MERIDIAN MOBILE ESTATES BY TROY GREEN AND ASSOCIATES: ITEM #23: REQUEST FOR CONDITIONAL USE PERMIT FOR MERIDIAN MOBILE ESTATES BY TROY GREEN: Kingsford: This aftemoon at 4:55 P.M. we received a request from Troy Green and Associates application for annexation and rezoning and conditional use permit, "Dear Will, I am requesting a 30 day deferral of public hearing for the above application. My partners and I are considering other alternatives and would like the item tabled." Even so it has been noticed you have every right to speak on that issue, we will conduct the public hearing but recognize that they are requesting it, people will be noticed again and you would have an opportunity to speak on it again and the chances are that apparently it will be somewhat changed. Having said that I will open the public hearing and invite the owner and his designee if they happen to be here to speak first if not anyone from the public. Becky Bowcutt, 1111 South Orchard, was sworn by the City Attorney. Bowcutt: The applicant has requested that I ask for a deferral. I did contact the City last week, they requested that I get it in writing from him, he was out of town and I could not get it until this aftemoon. We will not do a presentation this evening. Like the letter states they are looking at various altematives, I have given them a few recommendations and the property is owned by 4 different clients or 4 different people and one of them is Northwest Nazarene College. So those people are also analyzing the implications of the application and that is basically why we are not ready at this time. Thank you. Kingsford: Anyone else from the public that would like to offer testimony? Barbara Brudondo, 40 Rose Circle, was sworn by the City Attomey. Brudondo: My concern is the water and the safety of the road. We live in a mobile home r Meridian City Council September 6, 1994 Page 38 park so I am not against mobile homes, but my concern is the water. Like several of the other people say here if somebody else has the water on you don't take a shower. And if you put 243 mobile homes in there what is going to happen to our water system. Also getting out onto Franklin Road, right now if you go out there between 6:30 and 8:00 you better wait 15 minutes or consider that you are going to wait 15 minutes because you just cannot get across there. It is dangerous for our children to cross #here, they have to cross to get on a bus and I know that is not your problem but they do have to cross Franklin Road to get on a bus to go to grade school. So the children up the street would have to do that too. And that is a major concern. Thank you. Kingsford: Anyone else? Craig Cavanaugh, 581 Lindhurst, was sworn by the City Attorney. Cavanaugh: I have a couple of questions for the Council, I guess one I don't quite understand why they are (inaudible) or why they are asking for as far as the 30 day leeway, what they are asking to do. And is there anyway around that where we can (inaudible) residential owners and get it water under the bridge? Kingsford: Well, an applicant always has a right to file and to attempt to do something with their property. You couldn't preclude that. Their request is that it be deferred, our action is since it was noticed you have every right to speak so we will hear that. You will also be noticed and deal with something else again later. I sense that it might be something entirely different or could be. Since you are noticed you have every right to speak. Cavanuagh: I kind of went through this with the Planning & Zoning and I gave my presentation there and the facts and findings are real adequate and I am sure you guys have all read the facts and findings of law. The thing that brings to my mind is we need 75% of the residents to say yes we do approve of a trailer parkin that particular area and there was clearly 100% of the people said no. Also the building they were doing or the property boundaries weren't within statutes as far as what you guys require I believe within 200 feet of a permanent fixture. So I don't know whether I need to go through this all now or wait until they try to re-annex it as far as a rezone. Kingsford: You certainly have another shot at it and we do have, if you have something additional what you put in the findings already feel free to say that if not we do have those findings and would consider them. Cavanaugh: They are all pretty much there then. Kingsford: Anyone else from the public? Meridian City Council September 6, 1994 Page 39 Mike Weavers, 550 Lindhurst, was sworn by the City Attorney. Weavers: Mr. Mayor, members of the City Council, for the sake of brevity I am going to continue to use my crib sheets. Regarding Meridian Mobile Home Estates and with reference to findings of fact and conclusions of law on this proposal with reference to the petition in opposition presented to the Planning and Zoning on this proposal and with reference to the Planning and Zoning Commission's recommendation to deny approval of the mobile home park at the location desired by Troy Green and Estates, we the Meridian residents most affected by Troy Green and Associates inability to proceed and failure to notify of intentions request that a motion be made denying Troy Green and Associates a defer-at or continuance in the matter of annexation and zoning or conditional use permit. And that the request for annexation and zoning and a conditional use permit be denied by the Meridian City Council at this time, thank you. Kingsford: Anyone else from the public? Jeremy Scott Swanby, 771 Pennwood, was swum by the City Attorney. Swanby: I have been sitting here for about 3 hours and 45 minutes and to me that is a lot of my time and I know a lot of the people around here are putting in a lot of their time. What 1 don't understand is how the developer's can not come to the conclusion or decision and request a deferral, it seems to me that they have had plenty of time to discuss between themselves what they want to do. If they want to go ahead with another type of development in that area I think it should be filed at a later date. And I do request that you deny the deferral. Kingsford: Anyone else from the public? Seeing none I will close the public hearing. Council members. Come: Mr. Mayor, in reference to the developer's saying they would like to have a table I would move that we table this request for 2 weeks, 30 days I'm sorry. Since we don't know exactly what they have in mind. Yerrington: Second Kingsford: Moved by Bob Corrie, second by Max to table the issue until the October 4th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I share some of your frustrations and it is not great fun to come to public Meridian City Council September 6, 1994 Page 40 meetings, it is getting less and less fun all the time. But you still cannot preclude a person's property rights and so forth. I apologize for that and we will look forward to your smiling faces if they come back. One thing before you go, the City Clerk has just made a comment that makes some sense to me. We are tabling it until the October 4th meeting, but there is a problem with that in that these folks have to be duly noticed of that. And so the tabling really needs to be amended until such time as the developer has gotten with us and a date certain has been established and then you would be officially re-noticed. So I would entertain a motion to change that until the developer has proceeded to meet the proper notification guideline. Morrow. So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table it until the Developer has reached a time certain to meet the hearing deadline, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Might logically be well more than the 30 days. You will have to be noticed well in advanced, what is it 15 days Counselor? Crookston: Yes (Inaudible) Kingsford: Probably the threat that these guys are going to shoot him. We don't like long meetings either and we will be here for a good while yet. (Inaudible) Kingsford: I think you can call Mr. Berg and if that is the case he will let you know. ITEM #24: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR PINE STREET DEVELOPMENT: Kingsford: At this time 1 will open that public hearing and invite the owner or his designee to speak first. Corrie: Do we need to table the other too? SEP-06-1994 16 55 FROM ~ i ~ temb~r 6, 1994 Ci~y'of Meridian ~, At~n; Wild Berg I 3~ E. Idaho Sfireet M i rdian, Idaho 83642 i I Re: Trojy Green & Associates Applications for AnnexationlRezdne and Conditional Use Dar WiII:I I am, requesting a 30 daffy deferral of public hearing. for the above applications. My partners a~1d I are considering other alternatives and would like the items tabled. Sincerely, ~ ' i I 1 Tri ~ Green I ~~ i i ~ ~ 1 I ~ I ~ 1 1 I ~ i 1 i '940508 TOTAL P.01 SEP 06 '94 16 53 PAGE.01 TO r1ERIDIRN CITY P.01 ~~ 5~~ d 6 19~~ Post-It" Fax Note .7671 ~~- To p o Phone # Phone # Fax it Fax ~ MERIDIAN CITY COUNCIL MEETING: September 6 1994 APPLICANT: TROY GREEN AND ASSOCIATES AGENDA ITEM NUMBER: 23 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR MERIDIAN MOBILE AGE CY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT. ~~(, MERIDIAN POST OFFICE: 6 ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MORROW WALT W GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO . SHARI STILES trator i i d JOHN T. SHAWCROFT, Waste Water Supt. n m s ((~~ I r 8 Zoning A ~~~~ KENNY W. BOWERS, Fire Chfef MERIDIAN, IDAHO 83642 R ~,V JIM JOHNSON W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 airman -Planning & Zoning J U N ~ 2 19 GRANT P. KINGS~'ORD C1.~Y V r I`'iiLriiu>~~'~ Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: July 5, 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Meridian Mobile Estates BY: Troy Green and Associates -- LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Highway 69 JIM JOHNSON, P2 MOE ALIDJANI, P/2 JIM SHEARER, P2 _CHARLES ROUNTREE, P/Z _TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF REC MATION(PRELIM & FINAL PLAT) CITY FILES ~ f~ ~ ~ YOUR CONCISE ~~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MORROW WALT W GARY D. SMITH, P.E. City Engineer . BRUCE D. STUART, water Works supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES /~ I r nmg Administrator ~~ KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 p ~~ `°~' JIM JOHNSON W.L. "BILL" GORDON, Police Chief phone (208) 888433 • FAX (208) 887813 1~j( an -Planning & Zoning I 1 1 RI ~I ' WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 ~ ~9t~ ~ ~J V ~\ L .J GRANT P.KINGSI~ORD ~j'~'~' ~~± t~~i~id~l/'i<~`~ Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 81: Zoning Commission, may we have your answer by: July 5, 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Meridian Mobile Estates BY: Trov Green and Associates LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Highway 69 - JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 81 FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS{PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION{PRELIM & FINAL PLAT) CITY FILES OTHER: ~ ~"' YOUR CO,jVCI~SE REMARKS: t.e,n Q ~ ~ dt~z dl s ~9 ~ ~ CENTRAL •• DISTRICT Plt'HEALTH DEPARTMENT Rezone # Conditional Use # REVIEW SHEET ~~~,~~,~,~~ Environmental Health Division Return to: ~ U l - 8 1594 C~'~Y ~F ~E~~~~~~# Preliminary /Final /Short Plat ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I . We have Objections to this Proposal. ^ 2, We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal far individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ® 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage B. central water ^ individual sewage ^ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: .central sewage ^ community sewage system ^ community water ^ sewage dry lines ~, central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. ~~~ /f'1'r1~ ~~C,9/-rC7~J' h'T7~.,.~ lji~CElz~~nr q Date: 7 / ~o / ,~^T~iChC,~,~tr.~+~ Reviewed By: ~ [DHD 10191 rcb, rev. I I/S CENTRAL • • DISTRICT " HEALTH DEPARTMENT ,-, ptECE~'~'~D JUL - 8 1994 CITY (~F ~~~~~~~iv MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID. 83704 • (208) 375-5211 • FAX: 321-85C0 To prevent and that disease and disability; to promote healthy Lifestyles; and to protect and promote the health and quality of ow environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc . , Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Servirtg Valley, Elmore, Boise, and Ada Counties Ada !Base County Office WICBase - Merir~an FJinore Courtly Office klmae Courtly Office Vafiey County Office r"C7 N. Amurrong PI. 1606 Roberts 520 E. 8th Street N. a Errvironmenta Health P.0. Box 1448 3cise.:D. •d3i04 Boise, ID. Mountain Home, iD. 190 S. 4th Street E. McC;41. ID. 83638 E.^.v.ro. rec.°n:321-1499 83105 Ph.334-3355 83647 Ph. 587.4401 Mountain Nome, i0. Ph. 634-i 194 ~c~^~ry P!cnrnng: 327-i000 324 Meridian, !D. 83647 Ph. 581-9225 ,, ^~;:^¢cr:ccs: 327'450 83642 Ph. 888-6525 ~----- r. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., Clty Clerk S CITY OF MER RONALD R. TOLSMA T I GARY D. SM TH P.E.City Engineer IDIAN OBER D. CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Flre Chief I W " " MERIDIAN IDAHO 83642 Planner & Zoning Administrator , .L. B LL GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorr~~~ ~ ~*` Phone (208) 888-4433 • FAX (208) 887.4813 JIM JOHNSON ' Public Works/Building Department (208) 887-2211 << cr;~ tt~pan ~ Planning 8 Zoning ~' 3 ~ '~~~II GRANT P. KINGSFORD Mayor F ?, CITY CAF ~IrltrT~~~ t TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEh;`I~PMENT' PI2Cj~ECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: July 5, 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Meridian Mobile Estates BY: Trov Green and Associates LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and West of Highway 69 JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYO R NAMPA A~RIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM ~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's POLICE DEPARTMENT Eightmile Lateral courses through the middle of CITY ATTORNEY the project. The right-of-way of the Eightmile Lateral CITY ENGINEER is 60 feet: 30 feet from the center each way. CITY PLANNER See Idaho Code 42-1208--RI SUBJECT-TO ADVERSE POSSESSION. The eve oper must contact o n An erson or Bill Henson at 466-06 or - or approva e ore any encroac went or change of right-of-way occurs. This Dis rict requires t at a an se ange Site Development a plication be filed for review prior to ina p atting. ontact Donna Moore at 343-1884 or 466-7861 for further information. A atera s and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. B~I1 enson, Assistant Water Superintendent Nampa & Meridian Irrigation District ~ ~" ~ '; y ~~ CERTIFICATE: r~ I hereby certify that the following resolution is a true and exact copy 'from the Minutes of a meeting of the District's Board of Directors, held 2 October 1990, recorded at Book 56 Pages 187 and 196 through 202 (finalized 16 June 1992). ., ~~ Daren R. Coon Secretary of the ..Board NAMPA & MERIDIAN IRRIGATION DISTRICT U88REA8, the various agencies which. are authorized to issue land use change/site development permits have made it known that it is in the-best interest of the public that this District amend rules and regulations for development within, the .boundaries of the District.; and 1188REA8, ~ it has been coordinating arrangement permit system; and decided that "such a cooperative and can best be realized through an amended 1i88REA8, such requirements and requests have created aconsiderable expense burden.. to this District for which there is not available revenues; and 1r8ERBA8, a Development or Land Use Change policy. was previously set up at a meeting of the District's Board of Directors held_17 March 1980, recorded at Book 36, Pages 65 through 69, of the Minutes of the Board and recorded at Ada County as Instrument x`8015309 and recorded at Canyon County as Instrument #890100.; and liBEREAB, a Site Development policy was previously set up at a meeting of the District's Board_of'Directors heYd 17 March 1981, recorded at Book 37, Pages 89 through 92:,"of the Minutes of the Board and recorded at•~Ada County as Instrument x8115542 'and recorded at Canyon County as Instrument x919045; and IIBEREAB, it has become necessary to combine and. amend these policies. ~TOA THEREFORE, H8 IT RESOLVED, that the • -are hereby established by this Board as place of the~revious policies.. ~ w ~, °~ c~ ..U '--~ ~ ::.~ ~~ ;:f . fit. w -~ - f/ o eC rY: a following amended policies District policy to take. the ~2'i0022 NAMFA & MERIDIAN IRRIGATION Ci~fkl;,~~ ,~,~ I I). FaR __,._ AEA C~ JNTY, .``J. DAYiD NAJARR ~ .. ~_ttECaROt:R _ c~~~° '•92 JUN 18 ~ Pit 1 `~ Z ~ Al ~ i / \ NAMPA tc KERIDIAN IRRIGATION DISTRICT Developments or land use changes or site developments which affect irrigation andJor drainage, within the boundaries of Nampa & Meridian Irrigation District must be approved by the District Board of Directors. An application form may be obtained at the District office which will provide necessary preliminary information for District review. General Info*~nt; on A. DRAINAGE: 1. There will be no acceptance of any increased flow in storm run-off, drainage, or any contaminated waters for which the .District might. be made liable by the Federal and/or State Clean Water Laws. 2. Existing or replacement of on-site drainage or run-off facilities or modification. thereto ..must be perpetually . maintained by the site owner or owners. 3. Drainage plans. prepared by a registered engineer may be required .where deemed necessary by the. District even though on-site modifications to the District drainage system are not required in the development plans. 4. If a drainage lateral owned and maintained by the District courses the site, no alterations of the lateral nor encroachment or its right of way shall be permitted. without a license agreement. No access to such drain shall be denied to the District. B. IRRIGATION 1. The water rights of this District are not the same throughout the District. Neither are these always the same on one tract of land. Often these can be simplified without changing the Court confirmed status of the rights, if arrangements are made with. the Secretary of the District in the advance planning stages. 2. Any irrigation supply lateral or canal which is owned and operated by the District and which may course the site, must not be obstructed nor. encroachment made on its rights of way. -1- y ~ t .i !~~ 3• Any alteration from the original delivery point must be .approved by the Water Superintendent and transfers to accomplish this alteration must be arranged with the Secretary of the District as part of~the system plan acceptance by the Board of Directors. 4. No alteration or enclosure of an irrigation canal or lateral shall be permitted without a license agreement. No access to such canals or laterals shall be denied to the District. 5. If irrigation service is not to be provided to the individual properties, all property owners must be notified that .the District tax. is an obligation of all lands in the Irrigation District. ..This notification is in compliance with Idaho Law.. _ 6. No destruction, interference, nor limitation upon water flows which are appurtenant to the property rights of -others shall be permitted. 7. If development plans include providing irrigation, operation and maintenance of the system may be undertaken by a Lateral Ditch Water User's Association, in .which case the District assumes no responsibility beyond the original point of delivery for the tract. 8. The District cannot provide permission for alteration of waterways belonging to and being a part of the property rights of individual land owners and to which waters flow from the system of the District. Permission must be granted from each of the property owners having ditch and water rights in the waterway. C. REVIEW AND APPROVAL PROCESS 1. Applicant shall complete and submit the attached application form to the Secretary of the District. Two (2) copies of the proposed .plans shall be submitted with the. application. 2. Upon approval of the original application, plans and specifications for construction, prepared by a registered engineer, shall be submitted for review to the District. Plans and specifications shall be reviewed by the District- Water Superintendent andJor the District's engineers.. If acceptable, the developer will be .notified. Prior to actual construction an estimate of the cost of construction `shall be provided to the District. _ - -2- 3• If a license. agreement is required to conform to specifications of the District and/or recommendations of . its engineers, the Secretary of the District will then make arrangements .for an appropriate license agreement for which the licensee shall be Liable for payment of attorney fees. 4. The District shall be notified prior to commencement of construction.. Inspection by representatives of the District or its engineers will not constitute approval of all or any part of the system and shall. in no way relieve the developer or his contractor of the- responsibility .for providing a sound, workable system. 5. Within ten (10).days after completion'of construction the developer's engineer must certify to the District that ,the system was installed in accordance with plans and specifications, and furnish as-built drawings to the District. 6. The developer and/or his contractor shall. be responsible .for. the repair of all defects, lea~CS - or failures occurring in the installation for a period of three (3) years after completion of construction. A maintenance and warranty bond in the amount of l0$ of the estimated or actual construction cost, whichever is greater, shall be furnished to the District within thirty (30) days after completion of construction. If the owner or his contractor fails to make required repairs or replacements promptly, the District shall make them, and the cost thereof shall be paid by the owner, his contractor or. the surety. • The es required will be: 6 0.0 7. Attorney fees will be required only where a license agreement is requir-ed and these will be payable directly to the law firm of the District's attorney.. " and, 88 IT FIIRTHER RESOLVED, that the Secretary. of the District is hereby ordered to send copies of this resolution to all planning and approval agencies in Ada and Canyon Counties and in the Cities of Boise, Meridian, and Nampa, to the County Commissioners of Ada and Canyon Counties and to the Mayors of Boise, Meridian and Nampa to provide sufficient copies of the policy and application form for the continual administration and use thereof by all interested parties. -3- f ~ . v STATE OF IDAHO ) ss. county of .Canyon.) On this 16th day of Juno 1992, before me, the undersigned, a Notary Public, in and for said state, personally appeared Damn R. Coon, known to me to be the person whose name is subscribed to. the within instrument, and acknowledged to me-that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal .the day and year in this certificate first above written. `,~~ptt~oU~~~,~. ~~• A N . dt ••, . ~r ~pT ARC ;tie =~ . /~ ~ 1 ~ ; - - - /jy . ~' Notary Public -State of Idaho ~°U ;G s Residing at Caldwell, -Idaho ~'.,`t~ti'•.N L .•`~~~20;`'' M Commission y Expires: 11/04./94 ,~~. ' ~~ .. 4 / ~5 t ' ~~'~ ~`~~ NAMPA & MERIDIAN IRRIGATION DISTRICT (Reproduction of this form is not acceptable) peyelotiment or Land Use Chanct (Site Development AARpli~atir,r, SENERAI. IN~'ORwra-~rTC~N 1. (Proposed Name of Subdivision or Development) 2. (General Location) • 3. (Legal Description -Attach if necessary) 4. (Owner of Record) (Address) 5. (Subdivider or Developer) (Address ) e q ~ s t ' .. a . ! A 6. (Engineer) ~Aaaress~ ~rerson to Contact) (Phone). 7. Acres ; No. of Lots Number of Lots/Gross Acre 8.- Proposed. drainage. discharge (Name of ..Drainage Lateral) 9. Is irrigation water to be provided to property? If yes,. answer the following:. a). Proposed delivery point (Canal or Lateral) b) Present. delivery point for this land. c) Type of system 1) Gravity (Piped or open ditches) 2) .Pump pressure (signature) (Date) (Application must be filed with the Secretary of the District.. The appropriate fees and two (2) copies of all. plats and drawings must be included with the application.) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Page 2 of 2 . ~- r~~e ~i ~A MERIDIAN PLANNING & ZONING COMMISSION MEETING: August 9.1994 APPLICANT: TROY GREEN AND ASSOCIATES AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: /'~ t ~~~ ~~~ y/~ ~ sz^~ 1 ~,,,.1L ~~~~~ ~~ ass OTHER: + ~ ~ ~V ~\ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TROY GREEN & ASSOCIATES MERIDIAN MOBILE ESTATES ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT NE 1 4 SECTION 13 T.3N. R.1W. BOISE MERIDIAN MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing July 12, 1994, at the hour of 7:30 o'clock p.m., that Becky Bowcutt representing the Petitioner appeared 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 Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 12, 1994, 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 Meridian and the Applicant is not the owner of the property; the owners of Page 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW r ' ~ ' ~\ /~ record are David L. and Yoshie K. Nordling, James & Mary Ballantine, Arthur L. Troutner, Dennis E. Heeb, Paul H. and Ione M. Troutner, and Edward G. "Jerry" Jenkins; that the owners have submitted consents to this annexation, zoning and conditional use permit request. 3. That north of subject parcel the property is zoned C-G; south zoned as RT by the County and C-G by the City, and there is agricultural and commercial land; east is zoned C-G by the City and RT by the County: and the property to the west is zoned R-8 Residential, developed predominantly as single family residential, and is not eight units to the acre, but more likely closer to 4 units to the acre. 4. That the property is adjacent and abutting to the present City limits. 5. The Applicant is not the owner of record of the property, but the owners are noted in paragraph 2 above and they have consented to the application. 6. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. ~. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined,in the Meridian Comprehensive Plan. g. That the Application requests that the parcel be annexed and zoned; that the zoning request is to have 38.25 acres zoned R- 15 Residential; that the present use of the property is for vacant agriculture land; that the proposed use of the property is for a Page 2 FINDINGS OF FACT AND CONCLUSIONS OF LAW /'~, ~'"~ unit mobile home park with RV parking, recreation center, 242 Ordinance, at laundry facility and swimming pool;,that the Zoning SCHEDULE OF USE CONTROL, A., states that Mobile 11-2-409, ZONING Home Parks and Subdivisions may be allowed in R-8 and R-15 zones ae nditional uses; that Applicant has applied for a conditional us co for a mobile home park; that pursuant to 11-9-607, Mobile Homes are Title 3, Chapter 5 of the Revised and Compiled governed by that the Applicant has not Ordinances of the City of Meridian; filed the appropriate documents required under 3-502.2b. 9. The present zoning is by Ada County as R-14 (High Density Multi-Family Residential and RT (Rural Transition). Cit 10. That comments were received from the City Engineer, Y annin Director, Meridian Police Department, Fire Department, Ada P1 g artment, Nampa County Highway District, Central District Health Dep Ma or Grant P. Ringsford and City & Meridian Irrigation District, Y Walt Morrow; that such comments are incorporated herein Councilman b this reference; that the Mayor commented that mobile homes Y housing represent approximately 13$ of our current single family ountin mobile home subdivisions and that does not include not c g that current non-conforming mobile homes grandfathered in the City, of the Commission is knowledgeable of the fact that the City ' n has a significant proportion of mobile homes as part of Meridia its housing makeup. Gary Smith, commented that sneer, 11. The Meridian City Eng al description needs to be corrected by a land surveyor such the leg annexation as that the description reflects what is requested by Page 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ ~ shown on the map submitted or the map needs to reflect the description and that the adjacent ore half width of Franklin Road needs to be included in the description; that the property appears to be contiguous to the boundary of Franklin Square Subdivision; that no sanitary sewer exists in Franklin Road which would need to serve a part of this property lying north of the Eight Mile Lateral; that the area south of Eight Mile Lateral will need to sewer into the Ten Mile Creek Interceptor; that a ten inch water main exists along the north side of Franklin Road; that water su ply analysis needs to be made to verify the City water system P he can provide water required for this size of development; questioned, "What happens to the Eight Mile Lateral as it roars through this Project?", "What are the proposed street widths?" and ro osed in the private "Are public water and sewer lines p P streets?"; and he commented that a separate pressurized sprinkler irri ation system needs to be provided utilizing a source other g than City domestic water. 12. a. There were people testifying at the hearing: Andy Carter testified that he was c and rnear and that zoning; that there was a contractors y a 300 foot barriers as required to as a buffer. Craig Cavenaugh submitted a petition in opposition signed b. by 229 people from Stubblefthedimba t on schoolseandithe that he had concerns over P of_li.fe that he moved water; that he the wants the way- here for; that an R-15 zone next to anhe had concern ludicrous; that the roads were not good; over safety for himself and his children; that he wants on ;how the development is to proceed and he a study that there wanted to see covenants t at° thedRVl5ozone bothered him; should be a buffer zone, ro ert was not adequate that the notice posted on the p P Y Page 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW and that only a few people were notified. He testified later that the Fair Housing Act does not allow age discrimination and if the .law is violated the developer would be kicked out c. Mike Weavers stated that he was apposed to a trailer park eo le were also apposed; that he had and that many other P fire, traffic and. schools as a concern over police, he questioned whether the result of this development; mobile homes would be ownthatrhe did not want hthetRelS would be a buffer zone, and that he desired lower zone but comparable zoning density. d. John Labbe testified that th thatl there would be lwater an impact on the schools, depletion and that he desired further investigation of the project. e. Bart Ballantine stated toha~heeApplicantsal thatf~t was seller of the property t going to be a senior's mobile home pa=ef = d~anufactured be no school problem and seniors p and fencing; that housing; that there would be screening and low there would be low gertestified later you can have a 55 domestic violence. or over restriction; t uld allrbe double w denand news houses and that they wo f . Randy Winewood testified that he had theosam ion n that he those who had already testified lon Franklin Road; that had a problem, with the kids being traffic would be bad; and that he did not want more density than R-6. He later testified that fire protection was of one of his coccu r ing the parkuinber of elderly people that would be PY Lawrence Rackham testified that he shared the opposition 9• resented re ardin the density. g g testimony that had been p h. Lloyd Bone stated that hernsathat hadabeen presented Applicants and that the conc would be answered by Becky Bowcutt and the fears resolved. i, Ruth Hunter testified that the land adjoins her land to the south; that she had agricultural uses and that she does not like the storage sheds that in the area already; that she wants a fence and berm; that she is sellingthis that her value would go down as a result of development. Page 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW F ~ ` ~~ ~~ 7 Susan Kelly testified that shethat the development would • ro ert six years near this p p Y~ nd would lower her value. be garbage a f the property stated that he k. Jim Ballentine an owner o ert twenty years ago; that he shared urchased the prop Y oing to t that this was g b p u some of the concerns presented bile home space and he was in favor of a . be retirement mo eople needed a low price retirement are t th p a that; l a 1 • to developers Chuck Leihe testified th~ thee wanted the d tha School District an ark would be for the the mobile home p assure that elderly. uestioned whether the Applicant could nits to elderly people Carried Wade q m. offer these u discriminate and only and not people of all ages. n. Doug Danielson testifie s to a uestion on therprocedureth the opposition and he ha q o. Christine Mace testified that she knew that ark, that lauds a senior p a h pp e would be developed and s R-15 zoning; that she does not want uestion the she q d Barrett streets to be continued an 90 Pennwood an through. resentative, Becky Bowcutt, stated That the Applicants rep 13. t the beginning of the hearing that there was 38.25 acres of land a d that involved; that the land was now zoned R-14 uesting zoning of R-15; by the County an that there would be a density they were req f 5.94 per acre; that the Comprehensive Plan states that this is 0 a mixed use area. She later testified that there would be private ivewa s; that the rental covenants would address maintenance of dr Y the units and of the yards; that the units would have to be newer ark; than 1988; that the park would be a senior citizen mobile p at Ada County Highway District had determined that a traffic th tud was not necessary; that the impact on the schools would not s Y e there because it was a senior park; that the perimeter would be b page 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ ~ fenced; that the R-15 was chosen because the property was already zoned R-14 by the County; that if the Commission felt that R-8 was more appropriate that that would be alright with the Applicant. That there are statements in the Comprehensive Plan about areas along Franklin Road being in Mixed Plan Use Areas; that the does de ict the proposed P Generalized Land Use Planning Map annexation land as being in a mixed planned use area; that mixed planned use does not necessarily mean high density. Stewart Green testified for the Applicant that the Applicant would furnish a legal document for the city Council that would show that they could limit the age requirements for the park. 14. That there was no indication that the Applicant was providing any park land or school sites as part of the development or other amenities, other than for the proposed senior residents. 15. That in Comprehensive Plan, in the FORWARD section it states in part as follows: "Throughout the Comprehensive Plan update process, citizens reaffirmed that the goals and policies contained in the 1993 Centennial Year plan be based on six key values. Manage growth to achieve high-quality development. Enhance Meridian's quality of life for all residents. ~, in the•Land Use section of the Comprehensive Plan, under Land and Use Goal Statement, it does state in various sections as follows: 1.4U Encourage new develoe~n n ofw h gheredensitys development present development patt within the Old Town Area and lower-density development in outlying areas. Page 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ n 1.5U Encourage a balance of land u if sufficienttcommunitylan stable and se remains a desirable, 16. That in the Land Use section of the Comprehensive Plan, under RESIDENTIAL POLICIES, it does state in various sections as follows: 2.2U Support strategies for the a evelopment of neighborhood parks within all residential are 2.3U Protect and maintain res h od s PhYs ical rcondi lion sand values, improve each neighbor enhance its quality of life for residents . 1~. That in the Land Use section of the Comprehensive Plan, under Comprehensive Plan Mme, it does state in various sections as follows: "The land use element is based upon these objectives: residential neighborhoods, north, south, 3• Quality east, and west of Old Town. ortance of maintaining compatible land uses ~ . The imp uality of life. to ensure an optimum q at Meridian has, and is, experiencing a population 18. Th reviously used for increase; that there are pressures on land p ' ultural uses to be developed into residential subdivision agric lots. 9. That the property can be physically serviced with City 1 water and sewer. 20. That the R-15 Residential District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: ~~ Medium High Density Residential District: The purpose (R-15) ermit the establishment of of the (R-15) District is to P attached and multi-family medium-high density single-family fifteen (15) dwelling dwellings at a density not exceeding units er acre. All such districts must have direct access to P page 8 FINDINGS OF FACT AND CONCLUSIONS OF LAW ,' .' ~ ~ a transportation arterial or collector, abut or have direct ark or open space corridor, and be connected to access to a p the Municipal Water and Sewer systems of the City of Meridatio The predominant housing types in this district tow bhouses, homes, zero lot line single-family dwellings, ,. apartment buildings and condominiums. , 21. That this proposed development does not abut or have direct access to a park or open space corridor 22. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of theolitical of subdivision development on the aschool dist r cts, to subdivisions of the state, including deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in o ulation that is occurring and with its impact on the City being P P sewer, able to provide fire, police, emergency health care, water, arks and recreation services to its current residents and to those P moving into the City; the City is also concerned that the increase in o ulation is burdening the schools of the Meridian School P P District which provide .school service to current and future esidents of the City; that the City knows that the increase in r o ulation does not sufficiently increase the tax base to offset P P the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. Page 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ i'r 23. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a ert which, development fee or a transfer fee on residential prop y if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 24. That Section 11-9-605 C states as follows: "Ri ht-of-way for pedestrian walkways in the middle of long g be required where necessary to obtain convenient blocks may arks or shopping areas; pedestrian circulation to schools, p the pedestrian easement shall be at least ten feet (10') wide." 25. That Section 11-9-605 G 1. states as follows: wired to be placed next to "Planting strips shall be req y railroads, commercial incompatible features such as highwa s, or industrial uses to scree 11 be a minimum of twenty feet properties. Such screening sha art of the normal street right (20~) wide, and shall not be a p of way or utility easement." 2(;. That Section 11-9-605 H 2. states as follows: "Existing natural features w ttractiveness oft theecommunity development and enhance the a historic spots and similar (such as trees, watercourses, reserved in the design of irreplaceable amenities) shall be p the subdivision;" 2'7. That Section 11-9-605 R states as follows: "The extent and location of lands desinatural features andn space corridors should be determined by to lesser extent, by man-made features such as hts lof easements, transportation rights of way e~ space corridors way. Landscaping, screening or lineal op ro erties ma be required for the protection of reS i railroad r ghts of Y waterway , from adjacent arterial streets, semi- way or other features. As improved areas (landscaped). roved a landscaped pathway only), or unimp improved areas ( linear open space corridors areas (left in a natural state), serve: Page 10 FINDINGS OF FACT AND CONCLUSIONS OF LAW n n 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 28. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bic cle-Pedestrian Desi n Manual for Ada Count (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 29. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS. 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised Page 11 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ /'~ and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners, and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 ,~ .~ ~ ~ requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant would be required to connect to Meridian water and sewer; that the development of the property would be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant would be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement would address the inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property would be subject to de-annexation and loss of City services, if the requirements of this paragraph were not met. 10. That the Applicant's property is shown on the Generalized Land Use Map as being in an Existing Urban Area; that development of the land in a residential capacity would be in compliance with the Comprehensive Plan, and therefore the annexation would be in FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 • ~ ~ /1 conformance with the Comprehensive Plan; however, the specific plan for development and the requested zoning for all of the land is not in conformance with the Comprehensive Plan; the Meridian Comprehensive Plan does not indicate that the area is a Mixed Planned Use Development area, but even if it did, that does not necessarily mean a high density area. The Comprehensive Plan also indicates in the RESIDENTIAL POLICIES that the City is to protect and maintain residential neighborhood property values, improve each neighborhood's condition and enhance its quality of life for residents, and encourage compatible infill development which will improve existing neighborhoods; that it is concluded that the proposed development would not protect and maintain the residential neighborhood values in Franklin Square Subdivision or improve its condition. 11. That it is concluded that the property requested to be zoned R-15 does not abut or have direct access to a park or open space corridor; that therefore the zoning of the property as R-15 does not meet the Zoning Ordinance and such zoning would not be in the best interests of the City of Meridian. 12. That it is concluded that the Comprehensive Plan encourages new development which reinforces the City's present development pattern of higher-density development within the Old Town Area and lower-density development in outlying areas; that this property is not in the Old Town Area and the R-15 zoning is not appropriate. 13. That the Comprehensive Plans policies to protect and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents and to maintain compatible land uses to ensure an optimum quality of life, would not be followed as noticed by the content and amount of testimony objecting to the application from the residents that testified that were from the residential subdivision to the west of the subject property. 14. That the annexation of the property at this time, with the type of proposed development would not be in the best interest of the City of Meridian and should be denied. 15. It is further concluded that no specific findings of fact or conclusions need be made on the application for conditional use since if the annexation and zoning are denied the Applicant could not apply for a conditional use from the City of Meridian on land that is not included in the City limits, but even if facts and conclusions are required it is sufficient to say that the conditional use should be denied for failure to file any of the required documents required under 3-502.2b of the Revised and Compiled Ordinances of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER FINDINGS OF FACT AND CONCLUSIONS OF LAW VOTED lid 'l~ v~ VOTED VOTED Page 15 ~. ~. COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the property should not be annexed and zoned, and due to this recommendation these findings of fact or conclusions of law on the application for annexation and zoning should be considered to be the findings of fact and conclusions of law on the application for a conditional use for a mobile home park, because if the land is not annexed and zoned, there is no ability to grant a conditional use, and the conditional use would have been recommended to be denied for failure to meet the requirements of 3-502.2b of the Revised and Compiled Ordinances of the City of Meridian. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 + ~\ ~~ Meridian Planning & Zoning July 12, 1994 Page 42 be an all adult park. And that is exactly what is going to happen here. Also the Senator mobile home park tried to stay all adult but they had rigid restrictions limited any youth in the park to 48 hours. I want to know exactly what the rules are going to be. Also I think they need sidewalks if they are going to have this type of park. Johnson: Thank you, is there anyone else? Rackham: It occurred to me that in talking the discussions that I have heard there is a canal that goes through this area on the plat, is there not? Johnson: Eight Mile Lateral Rackham: If we are going to designate this a senior it would not be a problem for safety but if this were to become something later on maybe that ought to be addressed also to the sense that there is water there as well as irrigation. My lot is adjacent as I indicated earlier and there is irrigation laterals as well as the Eight Mile Lateral in that area. But that type of safety I haven't heard anything discussed or mentioned tonight at all. Johnson: Thank you, anyone else? Seeing no one then I will close the public hearing at this time. Shearer: I move we have the attorney prepare findings of fact and conclusions of law for this project. Rountree: Second Johnson: We have a motion and a second to have the Attorney prepare findings of fact and conclusions of law on the application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR MERIDIAN MOBILE ESTATES BY TROY GREEN AND ASSOCIATES: Johnson: I will now open the public hearing, will the representative for the conational use permit like to come forward. Becky Bowcutt, 1111 South Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is a blow up of the site plan as you can see, we have our primary access on Franklin Road. This would be landscaped in through here, we have this rendering here Meridian Planning & Zoning July 12, 1994 Page 43 which basically would show you what that entrance would look like. They are basically proposing to have brick at the entry landscaping median with landscaping trees right through here and create a buffer with that green area there. As you can see on the site plan from the first unit to the minor arterial. We have a secondary access point right here which was the easement which leads out to Meridian Road. The applicant spoke to Mr. Bowers of Meridian Fire Department early in the process, he indicated secondary access would obviously be necessary. I think people have kicked around a couple of numbers, originally we submitted this with 245 units and then Mr. Green did revise the site plan early after submittal we supplied Meridian with a revised site plan. The application here is for 227 spaces, this is a conditional use application we have 91 guest parking spaces that are basically located in various areas of the park. That just basically adds additional parking for the residents if they have friends that come over. We also have an RV storage parking in here that will be used by the residents only for parking of their motor homes. We have a recreation building in this particular area right here. This is a covered picnic area, a pool and then a spa facility. In the recreation building they propose a kitchen facility, a bathroom which would serve as dressing rooms for the pool and then a lounge or gathering area where you would put couches or a conversation area so they can have various functions for the park members. The property as I stated earlier was 38.25 acres in size our proposed density is 5.94 dwelling units to the acre. The streets internally are private driveways, they will be the responsibility of the park owner. They have a 36 foot width and then the improved surface would be 32 feet of asphalt and then rolled curb on both sides. I have some pictures of Silver Crest Estates in my files that can kind of give you an idea of what that looks like. All the parking spaces that we do show here meet Meridian City's ordinance as far as I think your 9 x 19 dimension. The lot dimensions internally range all the way from 58 to 62 feet in width and then we have 88 to 95 in depth. We tried to keep them a little bit larger than some of the standard parks that you see in the area. The recreational building is approximately 4800 square feet. Then you would have grass and landscaping around it and them here is a little pathway here. We do have this lateral coming through here, we have talked to Nampa Meridian Irrigation District and discussed basically piping that lateral throughout the project depending on exactly what they want when we go to design that would determine where those easements are and we may end up putting some micropass internally to provide an easement for the ditch or if we can work so we can run it along the perimeters. Since this is not a platted subdivision, it is just on platted ground and that probably would suffice. The value of this rec center according to the applicant's to construct that facility that you see there is about $350,000, I don't think somebody goes to that expense to put in a run down mobile home park. I know people have a stereotypical view of mobile home parks and there have been some pretty bad ones that were done in the 60's and 70's. The newer ones that I have seen, there is one off of Five Mile that was expanded and one that was manufactured homes. That was done in the later 80's and is a very attractive site. Very few people right now are doing mobile home parks, one of the problems is finding an appropriate area, compatibility Meridian Planning & Zoning July 12, 1994 Page 44 is an issue in some areas. That is why when they brought this project to me I saw all that commercial surrounding it, multi family, light industrial in that area. The comp plan viewed that as a mixed use area, I said if I had to go pick a parcel I don't think I could have picked a better one suited for this. We do have some single family to the west of us and they have agreed to provide buffering through fencing or site obscuring facilities to basically buffer those people. You don't want to go into an area and make an enemy of the neighbors, no one wants to do that. One of the questions that 1 brought up was basically landscaping and irrigation facilities on the lots themselves. This is a stereotypical space layout where you see the manufactured homes sitting here and the concrete driveway that the developer puts in would be here. And the developer will go and basically landscape right here. We have discussed the necessity to put underground sprinklers through all the lots and they have stated they have no problem with that. In fact if you are dealing with senior citizens they are going to need sprinklers something that is low maintenance. As far as utilizing the water from Nampa Meridian Irrigation District I would have to discuss with them what water rights the property has to make sure we have sufficient water right to supply water. I know Meridian is moving in that direction just as a lot of the other entities are to cut down on our aquifer use for irrigation purposes. The developers, I have indicated that to them earlier and he said we don't have a problem with that. I discussed earlier when I discussed the annexation about rental convents concerning the maintenance of homes and yards. I guess the best thing I can tell you is that we are going to have to draft something up and submit it to the City Attorney. f think I mentioned this before at other hearings, the City of Boise is a stickler for covenants, we have to provide them with covenants on almost every project. Especially when we deal with common driveways, common landscaped areas or maintenance of multi-family structures rentals, etc. The city's attorney reviews those covenants to make sure that there are provisions in there to that have enforcement power. One of the issues that was brought up by the developer platting this and somebody violated the protective covenants it is the homeowners responsibility it doesn't fall upon the City but the homeowners to basically enforce those covenants. They have to take them into court and say you violated the covenants you didn't plant 5 trees in your frontyard like the covenants say and we are going to force you to do it. That is very laborious but where we are dealing with a park that the developer has absolute control if someone is not maintaining their property correctly if they are violating the rental covenants therefore he can evict them and go through the normal channels that I believe will be easier than if it was owner occupied. As far as the common areas we have totally if we calculate in this landscaping on Franklin Road and on our landscape medians, we have landscaping here and here, we have a total of 2.14 acres of common area or landscaped areas. We are trying to create a neighborhood here for seniors and the property is off set from Franklin Road kind of tucked back in here with your veterinary clinic and your mini storage and various uses out there. You are not going to have all these manufactured homes, you are not going to have a 1000 feet of mobile homes backed up to the public right of way. We are going to have it ~ n Meridian Planning & Zoning July 12, 1994 Page 45 tucked backed in there with our perimeter fencing, accessing these arterials. Now, in planning terms we discussed what is an appropriate use when you are dealing with minor arterials and collectors. Normally you will find commercial uses or multi-family uses located directly on the arterial. Then as you transition back, Fairview Avenue is a good example of that, if you go south of Fairview you will find manufactured homes, some mobile home parks, and you will find 4-plexes, apartments and then they transition into the single family dwellings. Which is basically a common planning practice. I think basically with that commercial wrapping all the way around this perimeter here that is what we are trying to do here is make a transition. Now, I .guess some of the residents if they can give us some suggestions on what we could do to minimize any adverse effect on their property, is it value wise or visual wise. I think the developers are very open to suggestions. Johnson: I can give you one suggestion here, don't call them manufactured housing because we have a manufactured housing ordinance that is extremely strict it is basically an adoption of the Boise ordinance. Bowcutt: Is that where they have to be on a foundation? Johnson: Yes, and with garages and etc. Let's call them mobile homes. Bowcutt: We can call them mobile homes, but if you talk to a lot of people they say they don't use that terminology anymore. Johnson: We do in our ordinance otherwise we have wasted a lot of time here. Bowcutt: I will address that as mobile homes. One of the other things I think that I brought up was the fact that we do have some 4-plexes out on Franklin Road just west of us they transition duplexes then it transitions to single family dwellings. One of the questions brought up on these streets, Franklin Road and Meridian Road are both targeted for upgrade to 5 foot sidewalks is what is planned on Franklin Road and I believe Mr. Sales comments on Meridian Road it was the same. They are requiring that we either trust fund for them or they have the option of making the improvements on our frontage if the plans are complete. I talked to Steve Speiklemier of Ada County Highway District he indicated that their plans will be complete September and if they have completed plans we can go and make our improvements based on their plans. What they don't want us to do is to go in and make our own plans and then have to go in and match elevations on the sidewalks, curb and pavement matches. So, this area is targeted for a substantial upgrade as far as traffic is concerned. Do you have any questions? Hepper: Do they have garages or carports is that going to be a requirement? i"~ Meridian Planning & Zoning July 12, 1994 Page 46 Bowcutt: We discussed that briefly and I think Mr. Green may want to address that. Troy Green, 2135 Ridgeview Way, Boise, was sworn by the City Attorney. Green: We haven't totally decided on whether to have garages or carports yet. We are providing 2 spaces of off street parking for each unit and we had tossed around the idea of at least carports, but I am not sure that the people that are going to move in there want that specific thing. So, they are bringing their trailers into a rental unit situation if they decide that they want to put a carport up after the fact we may allow that. But this is not a purchasing type of a situation, they are not coming in and buying the property from us. Hepper: So at this point you are not making it a requirement for a duplex or a garage or you wouldn't be providing a duplex or a garage. Green: That is correct I am not providing and I am not sure if we are going to make it a requirement. Bowcutt: I told you I would show you a picture of Silver Crest Estates and this is basically an example of one of their streets out there, just pass that around. This particular picture is a recreational center and a mobile home park. Here is a copy of a picture of their entrance. Lastly, in your new Comprehensive Plan there is a page which discusses mobile homes. It discusses such things as a balance of housing types and opportunities for all segments for planning area populations. Since the cost of conventional single family housing has placed much of the new supply beyond the reach of low and moderate income families. And then it goes into various things like supplying adequate housing concerning mobile home parks. And basically putting these in areas which. are planned for medium density residential uses. I guess our contention is this is an area that already has medium density uses such as the multi-family that you find out in that particular area and the existing mobile home subdivision and then even more intensive uses when you find the light industrial and the commercial uses. So, I believe we can comply with these provisions of providing a neighborhood which is attractive under this mobile home clause of your comprehensive Plan. I think we have provided information tonight that through specific conditions of approval we can satisfy other concerns that this body my have. Johnson: Are these part of the record or do you want them back? Bowcutt: Will they be passed onto Council? I had better take them back. Are there any questions? Johnson: Any other questions? This is a public hearing, is there anyone else that would like to address the Commission? /"~ n Meridian Planning & Zoning July 12, 1994 Page 47 Andy Carter, was sworn by the City Attorney. Carter: Not to kick a dead horse I won't quote your little comprehensive plan and tell you how many times it talks about public input and how you need to have the public involved. But I don't think up to this point we have been provided really with any information to make any decisions. I am aware that you have another hearing but I also am aware that your decision making process is pretty much that you will make your decisions mostly on what you have heard tonight and the information that you have received from the applicant and that you will have your recommendations at the next meeting. I just think that we haven't had enough chance to comment on this. I would like to see something more on the order of a preliminary plat or something required since there seems to be so much concern on what they are proposing. I would like to see what their covenants are going to be and rather than saying we want to see it work and we want a nice park. I am sure they want it to be a viable concern but I would like to see it in writing and I would like to see what they really plan to do. Also, as far as sidewalks I can't see wanting to have a community for older citizens and making them walk in the street, that doesn't make sense to me. I know if they were a subdivision you would be either requiring or requesting them to put in the low pressure irrigation which would make their park much more likely to have vegetation in better shape then if they were having to pay for the water and the restraints put on homeowners buying the city to water at not certain times. Johnson: Thank you, I would suggest to you that you stay with us through the whole process and you will get plenty of input and I believe you will get your questions answered. And down the road before there is any approval there will be a lot more for you to look at if in fact that approval does happen. Anyone else from the public? Doug Havelicheck, was sworn by the City Attorney. (End of Tape) Havelicheck: I represent Ruth Hunter, she owns 80 acres, the bottom part is on Waltman Lane. The back property on the north side runs all the way against the mobile home park. She has already had problems with a mini storage and it is a real eye sore for her. f wold like to see what kind of fencing is going to be put up, what kind of guarantees so that she can sell her property. l think this should be addressed to her because she has already been burned by the City of Meridian once. Johnson: Anyone else? Is there anyone else from the public that would like to come forward on this conditional use application? Seeing no one then 1 will close the public hearing. What is your pleasure? ~ ~ Meridian Planning & Zoning July 12, 1994 Page 48 Alidjani: Mr. Chairman, I make a motion that we have the City Attorney to prepare findings of fact and conclusions of law for Meridian Mobife Estates. Rountree: Second Johnson: It is moved and seconded to have the City Attorney prepare findings of fact and conclusions of law for Meridian Mobile Estates Conditional Use Permit, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR RED CANYON CORPORATION: Johnson: I -will now open the public hearing, if there is someone representing the applicant that would like to address the commission please do so. Lloyd Gerber, 3420 Shadow Hills Drive, Eagle, was sworn by the City Attorney. Gerber: We are coming, we have purchased the old medical building on the corner of Second East and Pine which has been vacant for a long time as you all know. So, our intent now is to get tenants in there, do some cosmetics on the outside and go into business, that is business of renting that out to whatever kinds of tenants we can get, vocational schools or professional or retail. Johnson: Thank you very much, any questions of the applicant? Not at this time we may have a question if the public comes up with something. Anyone from the public that would like to address the Commission on this application? Seeing no one I will close the public hearing. Rountree: Mr. Chairman, I make a motion that we have the City Attorney prepare findings of fact and conclusions of law. Alidjani: Second Johnson: It is moved and seconded to have the City Attorney prepare findings of fact and conclusions of law on the application. Shearer: Do we need more specific, are we going to be an office or are we going to be retail. /'~ MERIDIAN PLANNING & ZQNING COMMISSION MEETING: JULY 12 1994 APPLICANT: TROY GREEN AND ASSOCIATES AGENDA ITEM NUMBER: 14 REQUEST:-. CONDITIONAL USE PERMIT FOR MERIDIAN MOBILE ESTATES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS CdAAMENT3 FORTHCOMING COMMENTS FORTHCOMING „ ~~ REVIEWED" SEE ATTACHED COMMENTS ;~ ~ ~ ~~ ~ ~~ ~ ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~"\ /'~ MERIDIAN PLANNING & ZONING COMMISSION MEETING:_ JULY 12.1994 APPLICANT: TROY GREEN AND ASSOCIATES AGENDA ITEM NUMBER: 13 REQUEST: REQUEST FOR ANNEXATION AND ZONING FOR MERIDIAN MOBILE ESTATES AG NCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER; US WEST:. INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS COMMENTS FORTHCOMING COMMENTS FORTHCOMING ~ t,/~ "REVIEWED" ~ SEE ATTACHED COMMENTS ~ (~ ~~ f V Y 1 SEE ATTACHED GOMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: MAYOR KINGSFORD COUNCILMAN WALT MORROW - --~ , -- r- -~ -~,~ -~ .~~ . ~~ ~L~JN i. ;.<HOGES, Bresident ;:HERBY R HUBEB, Vice President Jr~MES E. BRUCE, Secretary T0: ACHD Commission INTER-DEPARTMENT CORRESPONDENCE ~dMOBLEST.MCU/DSTECH 7-6-94 DATE: July 1, 1994 FROM: SUBJECT: Development Services Meridian - Conditional Use/Annexation/Zoning Meridian Mobile Estates (Applicant - Troy Green & Associates, Boise, ID 83712) {Representative - Briggs Engineering, St., Suite 600, Boise, ID 83705) 2135 Ridgeview Way, Inc., 1111 S. Orchard PRELIMINARY REVIEW - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS: 1. Troy Green & Associates are requesting conditional use approv- al to construct and o elate a 38.2-acre mobile home park. The park would include ~ental spaces, a laundry center, recrea- tion building, recreational vehicle storage area, guest park- ing facilities and a swimming pool. Private roads will pro- vide internal circulation. An access to Franklin is proposed and an access, by way of a 50-foot easement, is proposed to Meridian Road. There are no new public streets planned. _ __ 2. GENERAL INFORMATION: ACRES - 38.2 PRESENT ZONING - RT & R-14 PROPOSED ZONING - R-15 ESTIMATED VEHICLE TRIPS PER DAY - TRAFFIC ANALYSIS ZONE - 280 L.F. OF FRONTAGE ON Franklin Road - 238-feet MOST RECENT TRAFFIC COUNTS - Date 1990 Volume 10,242 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Path EXISTING RIGHT-OF-WAY - 55-feet; 25-feet south of centerline REQUIRED RIGHT-OF-WAY - 90-feet; 45-feet from centerline Franklin Road is improved with 30-feet of paving. /'~ ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ''_eridian - %annexation ~ulv i, i994 ?aQe Z 'Meridian Mobile ~st4~es 1 .,.F. OF FRONTAGE ON Meridian Road - 50-feet (easement MOST RECENT TRAFFIC COUNTS - Date 1993 ~Jolume x,378 UNCTIONAL CLASSIFICATION MAP DESIGNATION - ~~ollector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - No new right-of-way required. Meridian Road is improved with 24-feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The ACHD Capital Improvement Plan indicates that Franklin Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Franklin Road and for right-of-way dedication in addi- tion to what exists now. If the developer wishes to be paid for the additional right-of-way, he/she must submit an applica- tion to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 4. Franklin Road is scheduled for improvements in the ACHD Five Year Work Program, therefore staff recommends that a deposit be made to the Public Rights-of-Way Trust Fund for the re- quired street improvemints (5-foot sidewalks) on Franklin Road abutting the parcel. 5. There is existing curb gutter and sidewalk at the Acorn Self- Storage facility to the west on Franklin. 6. There is an existing driveway for the Hoff Building Suppy facility on the north side of Franklin. Staff recommends that the subject parcel access be aligned with this driveway or sufficient offsets be maintained. 7. The ACHD Capital Improvement Plan indicates that Meridian Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for construction of the roadway improvements (excluding sidewalk) along Meridian Road and for right-of-way dedication in addi- tion to what exists now. If the developer wishes to be paid for the additional right-of-way, he/she must submit an applica- tion to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 8. Meridian Road is scheduled for improvements in the ACHD Five Year Work Program, therefore staff recommends that a deposit be made to the Public Rights-of-Way Trust Fund for the re- quired street improvemints (5-foot sidewalks) on Meridian Road abutting the parcel.