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Nyborg, Glenn & Mildred RZinteroffice M E M O RA N D U M to: Glen ~ Millie Nyborg -Rezone File cc: Shari Stiles from: Bruce A. Freckleton re: City Sewer ~ Water Services date: Apri120, 1995 Today I spoke with Johnathan Bloomer about City Sewer and Water service to 1660 West Cherry Lane. Johnathan stated to me that the requirement to connect the building to City services was not disclosed to them at the time they purchased it. I told him that the City requires connection to City services whenever you are within 300 feet of a sewer or water main. I also told him that we don't search out people who are within 300 feet to a main and make them hook up, however we do require connection at the time property ownership changes. He offered to tap into the mains and extend the services into the property to get outside the new rebuild of Cherry Ln. and Linder. He told me that they would like to sell the property, and that the people that are interested would like to leave it as a residence and not convert to office use. After discussing this situation with Gary Smith and Shari Stiles, we decided that if he would extend services into the property, outside of the improvements, and cap them off for future connection that we would agree to not make him connect the house at this time. If the property ownership changes, regardless of the use, the building would have to be connected at that time. All assessments and fees would be due and payable at that time. The cost of the service line construction shall be born by the applicant. from the desk of... Bruce A Freckleton Assistant to City Engineer City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642-2600 (208) 887-2111 Fax: (208) 88]-1291 qY DATE: ~ ~ ~ ~ /MERIDIAN CjT}- COUNCIL AGc'iVDA ITEI~'1 NUMBER ' ~ APPLICANT: C~4.v~ 'G~, Y REQUEST:. _ ~--~ AGE?VCY COMMENTS: (' C ~ i MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - ~ ~:.~ MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - ~~_. ~~ - - - - OTHER COMMENTS: 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. GROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN R WA TW MORROW 33 EAST IDAHO WAYNE S. FORREY, AICP MERIDIAN, IDAHO 83642 Planner & Zoning Administrator JIM JOHNSON Phone 208 888-4433 • FAX 208 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Planning & Zoning Commission, Mayor and City Council From: Wayne S. Forrey, Planning Dire~tdo~r ~7- Date: January 6, 1994 RE: REZONE REQUEST FROM R-4 TO LIMITED OFFICE (L-O) BY GLENN AND MILLIE NYBORG FAMILY TRUST This zone change request from R-4 to Limited Office (L-O) generally complies with the Meridian Comprehensive Plan. This rezone will provide an effective, low impact buffer between the Linder Road and Cherry Lane arterial intersection and the R-4 subdivision which surrounds this approximate 8/10 acre site. This site is within the proximity of concentrated commercial neighborhood and other L-O zoning which promotes the City's goal of clustered business uses and discourages strip development. A development agreement is required stipulating compliance with all City site development standards and the Zoning Administrator and Building Inspector checklist's. r ,,..~ 9026151 - ~ ` BOISE [ ORDINANCE NO. 637 . /~ 4-v AN ORDINANCE OF THE CITY OF MERIDIAN AMENDfING~~$~CH 1[ GI G 1THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A POR ~ ~THE~SOU$$T QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, GE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-4 Low Density Residential to L-O Limited Office, for the following described parcel: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked. by a brass cap monument. thence North 0°16'08" East along the section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0°16'08" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 .of Ada County Record's, for a distance of 161.53 feet to the Southwest corner of said parcel,. thence South 89°43'52" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0°16'08" West along said Westerly Right of Way line for a distance of 107.85 feet, thence-South 45°21'11" West along said Right of Way line for REZONE ORDINANCE - NYBORG Page 1 ~ ~ a distance of 17.00 feet to a point on the Northerly Right of Way Line of West Cherry Lane, said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33'46".West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0°26'14" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Sections 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0° 16' 08" West along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North 89°33'46" West for a distance of 98.69 feet, thence North 0°26'14" East for a distance of 67.88 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows:. A parcel of land lying in the Southeast quarter of Section 2, REZONE ORDINANCE - NYBORG Page 2 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North,-Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0° 16' 08" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 161.53 feet to the Southwest corner of said parcel, thence South 89°43'52" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0°16'08" West along said Westerly Right of Way line for a distance of 107.85 feet, thence South 45°21'11" West along said Right of Way line for a distance of 17.00 feet to a point on the Northerly Right of Way Line of West Cherry Lane said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33'46" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0°26'14" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, REZONE ORDINANCE - NYBORG Page 3 ~ ~ /'\ ~\ marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Sections 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46".West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0° 16' 08" West along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North 89°33'46" West fora distance of 98.69 feet, thence North 0°26'14" East for a distance of 67.88 feet, thence South 89°33'46" East-for a distance of 98.69 feet to the REAL POINT OF BEGINNING. be, and the same is hereby rezoned from R-4 Residential to L-O Limited Office, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall the all ditches, canals and waterways. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the Meridian City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~.5~ day of ~r~ 1994. APPROVED: ATTES //~; y ~~f.7~ i~~G~Gt'-~ 6 WILLIAM G. BERG, JR. C1'~Y CLERK REZONE ORDINANCE - NYBORG A :RANT GS O~ ~~.~~ ti~ ~oavo~~'F ~'}~ U ~~ ... a Z ~ ..•. ~ O GST ist' ~ Page 4 /"'1 J..` STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG., JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance .entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 637 , ~ the City Council and-Mayor of the City of Meridian, on the ~ day of ~~Q~~. , 1994, as the same appears in my office. ' DATED this l,~~day of ~ ~ ~ , 1994. STATE OF IDAHO,) ss. County of Ada, ) City Clerk, City o Ada County, Idaho On this 15 day of March , the undersigned, a Notary Public in and for said appeared WILLIAM G. BERG, JR., known to me to be name is subscribed to the within and foregoing acknowledged that he executed the same. flr «~k y *~ ~ ~,,. 2 ~s~~l ? ~ 4 Q„y vj 1fti~ ,~0 c®~~33,~1 . ~a 1994, before 'fie, State, personally the person whose instrument, and IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written . :..,`,`G E ~~L ~,.~,. • p't ~ ~y ~ ~, `~ y c SEAL ' ~ ° ,;, ~ ~ ~~r~, ~ x"; c o ~ a~~ ~ .+. ~r ~ $ ?~ ~~ ,`,,~~~!l1,11!!lY,`, Qr~-r,~ ry Public for Idaho iding at Meridian, Idaho commission expires 08/02/99 REZONE ORDINANCE - NYBORG Page 5 MERIDIAN CITY COUNCIL MEETING: MARCH 1 1994 APPLICANT: GLENN AND MILLIE NYBORG AGENDA ITEM NUMBER: 15 REQUEST: REZONE REQUEST AGENCY COMMENTS CITY CLERK: CITY EINGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACTS AND CONCLUSEONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: CITY BUILDING DEPT: , '~ MERIDIAN SCHOOL DISTRICT: ~ ; , MERIDIAN POST OFFICE: - ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS - _ ADA COUNTY STREET NAME COMMITTEE: ,~ - - CENTRAL DISTRICT HEALTH: ;~ ~ • _ i` ``-- NAMPA MERIDIAN IRRIGATION: ~` ~'V ~~-' ~t~~; ~, SETTLERS IRRIGATION: ` _ , ` ` ` sL-.f, IDAHO POWER: , ' ~ .~~rl' /:. US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: /'~ /'1 ~.J y ~'N. '~. Mail T~ c a .~ a L a~ a~ U 4» -b ~_ °~ Linder Road ~. n HUB OF TREASURE VALLEY 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. GROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Planning & Zoning Commission, Mayor and City Council From: Wayne S. Forrey, Planning Dire~tor ~7- Januar 6 1994 Date: y , RE: REZONE REQUEST FROM R-4 TO LIMITED OFFICE (L-O) BY GLENN AND MILLIE NYBORG FAMILY TRUST COUNCIL MEMBERS. RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning This zone change request from R-4 to Limited Office (L-O) generally complies with the Meridian Comprehensive Plan. This rezone will provide an effective, low impact buffer between the Linder Road and Cherry Lane arterial intersection and the R-4 subdivision which surrounds this approximate 8/10 acre site. This site is within the proximity of concentrated commercial neighborhood and other L-O zoning which promotes the City's goal of clustered business uses and discourages strip development. A development agreement is required stipulating compliance with all City site development standards and the Zoning Administrator and Building Inspector checklist's. • Q BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION GLENN and MILDRED NYBORG FAMILY TRUST REZONE 1660 WEST CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 11, 1994, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Terry Nyborg, the Planning & Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 11, 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 Applicants are Glen and Mildred Nyborg and the owner of the property is the Glen and Mildred Family Trust, Glen and Mildred Nyborg, Trustees, is the owner of record of the property which property is described in the application which description is FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 incorporated herein. n 3. That the property is .now zoned R-4; the area in which Applicant's property is located was farm ground but is now being developed as an R-4 residential subdivision; that the property to the east, west and north is either zoned R-4 or is developed as residential; the property to the south is Cherry Lane and an R-4 subdivision. 4. That the Applicant requests that the property be re-zoned from R-4 to L-O Limited Office; that the Applicant proposes to use the property as a real estate agency office. 5. That the use proposed by the Applicant is an allowed use in the L-O.district; that there is property at the southwest corner of Linder Road and Cherry Lane, to the south, that is used and zoned for commercial purposes. 6. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-0) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 7. That the property is contained in an area depicted for Commercial and Mixed/Planned Use Development in the Meridian Comprehensive Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 ~ i"~ 8. That the subject property has previously been used as a residence; that the structure on the premises is designed as a single-family dwelling. 9. That the property has an access point on Cherry Lane;. Cherry Lane is a principal arterial and carries a substantial amount of traffic. 10. That sewer and water is already connected to the property, but the use may require additional charges or fees. 11. The City Planner submitted comments which are incorporated herein as if set forth in full herein; that he commented that the rezone generally .complies with the Meridian Comprehensive Plan; the rezone would provide an effective, low impact buffer between the Linder Road and Cherry Lane arterial intersection and the R-4 subdivision which surrounds this approximate 8/10th acre site; the site is within the proximity of concentrated commercial neighborhood and other L-0 zoning which promotes the City's goal of clustered business uses and discourages strip development; that a development agreement is required stipulating compliance with all City site development standards and the Zoning Administrator and Building Inspector checklist's. 12. That Ada County Highway District did submit comments and they are incorporated herein as if set forth in full herein; that the Central District Health Department had no objection. 13. That the residential subdivision adjacent to where the property is located was approved within the past year and one-half; the owner of the subdivision did not appear objecting to the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 /'~ application. 14. That the property is located on Cherry Lane and it is designated an Entryway. Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement:. "4.4U Encourage 35-foot landscaped setbacks for n e w development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors." 15. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been 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 Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upom the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change „ or repeal the regulations, restrictions, and boundaries or classification or property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is designated in a Commercial and/or Mixed-Planned Use area. (b) The area was not intended to be rezoned in the future but there is a commercial property to the south of the subject property. (c) The area included in the proposed zoning a-mendment is intended to be used in the fashion that would be allowed .under the proposed new zoning. (d) There has been change in the area or adjacent areas which dictate that the property could be rezoned, that being the addition of the Maverik store and the car wash facilities being constructed across Cherry Lane. (e) That the property, is designed and should be used as allowed in the L-0 District, and as it presently exists, would be designed and constructed to be harmonious with the surrounding area, which is to be and is developed in the R-4 fashion. (f) . The L-O use would not be hazardous to the existing or future uses of the neighborhood. (g) The property, if developed in the L-O fashion, would be FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 ~''\ able to be adequately served with public facilities. (h) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use would not involve uses, activities, processes materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area however the traffic would be increased more than it would be under R- 4 use. ho L` (j) Development in the L-O district/and particularly as planned by the Applicant, would cause an increase in vehicular traffic over and above what the traffic increase would be if the R-4 use was continued. (k) That a rezone would not result in the destruction, loss or damage of .any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-416 A of the Zoning Ordinance states, in part, as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance." 9. That Section 11-9-605 M., PIPING OF DITCHES, of the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 r /'~ Subdivision and Development Ordinance requires piping of ditches, canals and waterways and that ordinance shall be complied with as a condition of development of the limited office if there are ditches, canals or waterways on the property. 10. It is .further concluded that, upon development, the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with as would the ordinances of the City of 'Meridian, particularly including the paving, lighting and landscaping of the parking area. 11. That the Applicant shall be required to have a 35 foot landscape set back from Cherry Lane because Cherry Lane is an entryway and the Meridian Comprehensive Plan states that upon development the City shall require the 35 foot set back. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of law. - ROLL CALL. COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED -v~ CHAIRMAN JOHNSON (TIE BREAriER) -VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 . ' ~ /~ DECISION ~/aKK~n9 ~Z~n..ky C'v.,.~~~r.r~~ The Meridian ^__}l ^_~_~~_'_ hereby. approves the Rezone for the property described in the application with the conditions set forth in these Findings of Fact. and Conclusions of Law. and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved, lighted and landscaped and the 35 foot setback for entryway roads shall be met. MOTION: APPROVED: '`~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 .. i JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R.HUBER,Secretary I~EC~~VED .! ~ ~>i ?_ ~ 1994 CITY ~?~ ~I:~lDIAI~ January 19, 1994 T0: GLENN & MILDRED L. NYBORG 3684 STANWICH DRIVE MEPIDIAN ID 83642 FROM: Larry Sale, upe i Developme SUBJECT: MERIDIAN RZ 1660 CHERRY R-4 to L-O Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 19, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please-feel free to call me at 345-7680. LS cc: Development Services Chron RUBBLE ENGINEERING MERIDIAN CITY HALL ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 ;C i c JAMES E. BRUCE. President GLENN J. RHODES, Vice President SHERRY R. HUGER, Secretary TO: ACHD Commission RECEIVED JAN 2 1 1994 CtT'~ OF iKEI~IDIAN DATE: FROM: Development Services N'_T'ER-DEPA_RZ"_`~IENT CORRESPONDENCE N!E~ ZCHL/DSTECH 1-19-.94 •January 14, 1994 SUBJECT: Meridian RZ 1660 Cherry R-4 to L-O (Applicar_t - Glenr_ ar_d Mildred L. Nyborg, Trustees, 3684 Stanwich Dr., Meridian, ID 83642) (Representative - Hubble Engineering, Inc.. 9550 Bethel Ct., B01se, ID $3709) FACTS & FINDINGS• 1. Glenn and Mildred L. Nyborg, trustees, are requesting a rezone from R-4 to L-O for 0.8 acres of property located. at the north- . west corner of Cherry Lane and Linder Road. There is an exist- ing residence on the property that will apparently be used for general office use. 2. GENERAL INFORMATION: ACRES - 0.8 ZONING - Commercial - L-O VEHICLE TRIPS PER DAY - 30 TRAFFIC ANALYSIS ZONE - 262 L.F. OF FRONTAGE ON Cherrv Lane - 225-feet MOST RECENT TRAFFIC COUNTS - Nor_e Available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet {45-feet from centerline) L.F. OF FRONTAGE ON Linder Road - 125-feet MOST RECENT TRAFFIC COUNTS - Date 1990 Volume 5,371 FUNCTIONAL CLASSIFICATION-MAP DESIGNATION - Minor Arterial ADA .COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIC-HT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet {45-feet from centerline) IMPACT FEE BENEFIT-ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ...: _ .. , „~ ` . ti r ?Meridian RZ 1660 ~tinerry R-4 to L--fl :Tan~~?az°y 14, ? 994 Page 3 /'~ 3. A request for modification, variance or waiver of any recrsire- ar n , me;-it Jr r~{J1 i ~l~ n±;t-1? ned ~ereyn c11g1 1 be made i n ~, i ti q tp the Manager cif Engineering Services within 15 calendar days of the original Commission action. The .request shall include a statement w~xplainir_g why such a require:ner_t would result i n substantial hardship or inequity. Should you have any questions or comments, please. contact .the Developmer_t Services Division 3t 345-7562. STAFF ~U}3MITTING ; Larry Sale TJATE OF COMMISSION APPROVAL: JAN 15 i9~'r r • ~ ~ MERIDIAN PLANNING & ZONING MEETING: FEBRUARY 8 1994 APPLICANT: GLENN AND MILLIE NYBORG AGENDA ITEM NUMBER: 6 REQUEST: REOUEST FOR REZONE AGENCY COI~IIKEIdTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA STREET NAME COMMITTE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: f ~ 1 ~~ ~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION GLENN and MILDRED NYBORG FAMILY TRUST REZONE 1660 WEST CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 11, 1994, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Terry Nyborg, the Planning & Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 11, 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 Applicants are Glen and Mildred Nyborg and the owner of the property is the Glen and Mildred Family Trust, Glen and Mildred Nyborg, Trustees, is the owner of record of the property which property is described in the application which description is FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 f incorporated herein. 3. That the property is now zoned R-4; the area in which Applicant's property is located was farm ground but is now being developed as an R-4 residential subdivision; that the property to the east, west and north is either zoned R-4 or is developed as residential; the property to the south is Cherry Lane and an R-4 subdivision. 4. That the Applicant requests that the property be re-zoned from R-4 to L-O Limited Office; that the Applicant proposes to use the property as a real estate agency office. 5. That the use proposed by the Applicant is an allowed use in the L-O district; that there is property at the southwest corner of Linder Road and Cherry Lane, to the south, that is used and zoned for commercial purposes. 6. That the L-0 District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 7. That the property is contained in an area depicted for Commercial and Mixed/Planned Use Development in the Meridian Comprehensive Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 8. That the subject property has previously been used as a residence; that the structure on the premises is designed as a single-family dwelling. 9. That the property has an access point on Cherry Lane; Cherry Lane is a principal arterial and carries a substantial amount of traffic. 10. That sewer and water is already connected to the property, but the use may require additional charges or fees. 11. The City Planner submitted comments which are incorporated herein as if set forth in full herein; that he commented that the rezone generally complies with the Meridian Comprehensive Plan; the rezone would provide an effective, low impact buffer between the Linder Road and Cherry Lane arterial intersection and the R-4 subdivision which surrounds this approximate 8/10th acre site; the site is within the proximity of concentrated commercial neighborhood and other L-0 zoning which promotes the City's goal of clustered business uses and discourages strip development; that a development agreement is required stipulating compliance with all City site development standards and the Zoning Administrator and Building Inspector checklist's. 12. That Ada County Highway District did submit comments and they are incorporated herein as if set forth in full herein; that the Central District Health Department had no objection. 13. That the residential subdivision adjacent to where the property is located was approved within the past year and one-half; the owner of the subdivision did not appear objecting to the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 r /'1 application. 14. That the property is located on Cherry Lane and it is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: "4.4U Encourage 35-foot landscaped setbacks for n e w development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors." 15. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been 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 Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 ' ~ l / ~ cJ ~ Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change „ or repeal the regulations, restrictions, and boundaries or classification or property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a ) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is designated in a Commercial and/or Mixed-Planned Use area. (b ) The area was not intended to be rezoned in the future but there is a commercial property to the south of the subject property. (c) The area included in the proposed zoning amendment is intended to be used in the fashion that would be allowed under the proposed new zoning. (d ) There has been change in the area or adjacent areas which dictate that the property could be rezoned, that being the addition of the Maverik store and the car wash facilities being constructed across Cherry Lane. (e) That the property, is designed and should be used as allowed in the L-O District, and as it presently exists, would be designed and constructed to be harmonious with the surrounding area, which is to be and is developed in the R-4 fashion. (f ) The L-0 use would not be hazardous to the existing or future uses of the neighborhood. {g) The property, if developed in the L-0 fashion, would be FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 /"1 able to be adequately served with public facilities. (h) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use would not involve uses, activities, processes materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area however the traffic would be increased more than it would be under R- 4 use. (j) Development in the L-O district and particularly as planned by the Applicant, would cause an increase in vehicular traffic over and above what the traffic increase would be if the R-4 use was continued. (k) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-416 A of the Zoning Ordinance states, in part, as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance." 9. That Section 11-9-605 M., PIPING OF DITCHES, of the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 ~ ~.~ ~r Subdivision and Development Ordinance requires piping of ditches, canals and waterways and that ordinance shall be complied with as a condition of development of the limited office if there are ditches, canals or waterways on the property. 10. It is further concluded that, upon development, the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with as would the ordinances of the City of Meridian, particularly including the paving, lighting and landscaping of the parking area. 11. That the Applicant shall be required to have a 35 foot landscape set back from Cherry Lane because Cherry Lane is an entryway and the Meridian Comprehensive Plan states that upon development the City shall require the 35 foot set back. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of law. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAnER) VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 a - ~ . ~~ DECISION ~~ The Meridian City Council hereby approves the Rezone for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved, lighted and landscaped and the 35 foot setback for entryway roads shall be met. MOTION: APPROVED• DISAPPROVED• FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 _i * ~ ~~ Planning & Zoning January 11, 1994 Page 29 Henry: In looking at the resulting plat, there is very little that changes actually. Except that we have added more .land and the streets are extended and .there are 38 parcels rather than 27. Shearer: As per the clients request I would move that we table this project until the next meeting. Crookston: Well it may not actually be our next meeting it depends on our publication schedule that we have to meet. Henry: Well I understand that next Friday is the cut off time and I'd be prepared to submit a new application by that time. Johnson: It is actually this Friday. Henry: I have already done some planning I'm already prepared for it, it would be pretty .easy to do. Rountree: Second Johnson: We have a second and a motion to table this item, all in favor? Opposed? MOTION CARRIED: All yea ITEM #13: PUBLIC HEARING: REQUEST FOR REZONING FROM R-4 TO L-O BY GLENN AND MILLIE NYBORG: Johnson: Someone representing the applicant like to~come forward at this time. Terry Nyborg, 5160 View Drive, was sworn by the Attorney. Nyborg: This is a request for rezone of the lot on the corner of Cherry Lane and Linder, northwest corner, from R-4 to limited office . It is proposed to put a real estate office in the existing home that is there, remodel that adequately to do that. We believe this would offer a good transition area from the other commercial businesses there on that corner to the residential that lies to the north and west. The real estate office wouldn't have night activity as the other businesses do and it would be a quieter use for the corner and provide a good neighbor for the residents that are there. There is access to the property, the access is on the very west edge of the property off of Cherry Lane. I believe that this use for the property would be in keeping with Meridian's Comprehensive Plan providing a buffer as well as a transitional area between more commercial type uses and the residences that are there. Any questions, I'd be glad to answer them. Planning & Zoning January 11, 1994 Page 33 Conclusions prepared. Shearer: Second Johnson: Its moved and seconded to have the City Attorney prepare Findings of Fact and Conclusions of Law, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #14 PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR LOCUST GROVE CENTER BY AVEST LIMITED PARTNERSHIP: Johnson: I'll now open the public hearing, is there a representative of the application that would like to come forward at this time please do so. Kathleen Weber, 600 North Maple Grove Road, Boise, was sworn by the Attorney.. Weber: Mr. Chairman, Commission members and Mr. Forrey, I would like to give some background information about AVest and share some specifics concerning the application before you tonight. Then, roger Allen would like to discuss some major issues to be considered prior to your recommendation to City Council. The approval process was begun on this 40 acre parcel a year and a half ago when Mr. Jack Niemann was the City Planner for Meridian. Since the City of Meridian was- planning to revise their Comprehensive Plan rather than amend the old comprehensive plan, Jack suggested that we wait... So, we agreed to postpone presenting our project until the new plan was adopted. In June, 1993, a moratorium was placed on building in Meridian... So, we waited some more. In November of 1993, when the project could finally, be presented, the Meridian Council found it had a few more Comprehensive Plan details to work out in regards to talks with County Commissioners. This process has been good for Meridian...So, Avest has been patiently waiting. WE are very hopeful that now a finally proceed with our project. I am really anxious about the prospects of finally being able to go forward with this presentation. Then I received the agenda for this meeting and found we were last on the agenda. I decided that someone must think I really need lesson in patience. So I'm really trying and all these people are too. We are doing a good job. We want to be sure that what we have before you tonight is clearly understood. Avest has two applications for you to consider. One, is an application for annexation and zoning request for a CG zone for the 40 acre parcel at the corner of Locust Grove and Fairview Ave. The second application is a request for a conditional use permit for a rental storage complex. We are anxious to have approval for the storage use so we can begin ' - ~ ,~ Meridian City Council March 15, 1994 Page 8 Kingsford: Moved by Max, second by Ron to approve Ordinance #635 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Tolsma -Yea MOTION CARRIED: All yea ITEM #7: ORDINANCE #636 - TUTHILL SUBDIVISION N0. 2: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRIANGULAR SHAPED PARCEL OF LAND LOCATED IN THE SE 1 /4 OF THE NW 1 /4 OF SECTION 2, T. 3N, R. 1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #636 read in its entirety? Is there a motion? Tolsma: Mayor, I move we approve Ordinance #636 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Ordinance #636 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #8: ORt}1NANCE #637 - NYBORG REZONE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE,-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #637 read in its entirety? Entertain a motion. Yerrington: I move that we approve #637 with suspension of the rules. Morrow: Second Kingsford: Moved by Max, second by Walt to approve Ordinance #637 with ~ ,.~ 9'i02615~. ~ ~~ r ~, . . J. ~/~[:1 _ i~•~i 1. ..til BOISE (a ORDINANCE NO. 637 /~ ~ qq ~~}} ~-ti w AN ORDINANCE OF THE CITY OF MERIDIAN AMENDfING~AN~JC II~~G NG iTHE ZONING OF CERTAIN REAL PROPERTY IN THE CITY MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A POR t~,~~FTSE--SOU~~T QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, GE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-4 Low Density Residential to L-O Limited Office, for the following described parcel: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Section 1 and Z, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0°16'08" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 .of Ada County Record's, for a distance of 161.53 feet to the Southwest corner of said parcel, thence South 89°43'52" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0°16'08" West along said Westerly Right of Way line for a distance of 107.85 feet, thence South 45°21'11" West along said Right of Way line for REZONE ORDINANCE - NYBORG Page 1 n a distance of 17.00 feet to a point on the Northerly Right of Way Line of West Cherry Lane. said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33'46" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0°26'14" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Sections 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0°16'08" West along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North 89°33'46" West for a distance of 98.69 feet, thence North 0°26'14" East for a distance of 67.88 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows:. A parcel of land lying in the Southeast quarter of Section 2, REZONE ORDINANCE - NYBORG Page 2 ~ ~ Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0°16'08" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance-of 161.53 feet to the Southwest corner of said parcel, thence South 89°43'52" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0°16'08" West along said Westerly Right of Way line for a distance of 107.85 feet, thence South 45°21'11" West along said Right of Way line for a distance of 17.00 feet to a point on the Northerly Right of Way Line of West Cherry Lane said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33'46" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0°26'14" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, REZONE ORDINANCE - NYBORG Page 3 ~ n marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Sections 1 and 2, said line.also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46".West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0°16'08" West along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North 89°33'46" West for a distance of 98.69 feet, thence North 0°26'14" East for a distance of 67.88 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. be, and the same is hereby rezoned from R-4 Residential to L-O Limited Office, and Section 11-2-42.5, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall the all ditches, canals and waterways. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the Meridian City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~'~ day of ~~rc~ 19 9 4 . APPROVED: -- GRANT ~. ATTES a WILLIAM G. BERG, JR. ~ C1'~Y CLERK REZONE ORDINANCE - NYBORG ~ ... - -.~-~, E ~, ~aPOh~ ~.~" U '~" ...' TFO 2 ~ ~ ~~~~ o ~ --- ~ GSr i~t• O Page 4 ~ ~ STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and .correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 637 , by the City Council and Mayor of the City of Meridian, on the ~ day of ~7G1~~ , 1994, as the same appears in my office. DATED this l.~~day of ~'r~Gl/1 C~ , 1994 . City Clerk, City Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) ~r wxE ~ ~ ~ ~ a,. GG 4l ~~ V ,~ .o. Eo, y~ , ~ ~ ~~~~ m ~ ~, +~» ~ O~ `'~T 1s~• ,~O ccy~3_q ~a On this 15 day of March 1994, before Rie, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written . -~ ~ `~~~N~~r~,,.,,~~ 0 SEAL ~ '' ' °`: P. ;; ®0~~4~ ~ ~ ' EZ ~ ,,i . ~'~~ ~~~~~t~~~e~i~~~~~ Qr~-u ry Public for Idaho iding at Meridian, Idaho commission expires 08/02/99 REZONE ORDINANCE - NYBORG Page 5 i S O 2 I 13 12 I1~' f0 "' 'T'-' T4 ) ~~tt 7 6 S • S t. 4 4 ~ ~ 4 2 ' O C 6 TRACY C-. 21 e A P b~ 3 ~ IT 37 36 3S 34 3 21 32 31 r30 S 2 3Q 16 t7 I€ ~9 20 0 ® 20 22 p 1 ~~ Z 6 10 ~• 13 Ic , Q~ to 38 39 ~9 34 14 13 ~ 12 'r ~ 14 IS ? S II 13 J 12 40 19 a V ~ I _. i3 C'~ 29 33 _CHATEAU 9F .~ t6 4 MP IB 2 27 2 Q 30 29 2!. 23 gQt~EN C 43 41 Y 32~ O 2Y 26 pS c2 2/~~ 20 ~7 3 . 3 42 17 26 3 ~ 31 J ~ V R S 18 31 32 33 34 44 ~ Z 2S 16 30 4 .- TAhA SS 2 as ~ Is WAY 2s CT, 46 14 25 27 28 O• JS. I 41 40 39 ~ 36 O 12 13 ~V~ 24 ~ O 36 37 ? ~- I i (~\ ~ 6 le 4° 43 24 T7 U ~ C~ 23 IS '? _ ____a 44 22 ,., ~n w y 7 ~ ~--j- _~ as • L /NDER ° v~.. ~~ R:'~ NF ~~' _ s%!;,iGSwpOn_ 46 ROAD 76 ~ ~t ~ ,G "" ,~ ~ J ~T ELEMENT,CFY 7t 20 16 1~'~i ~~ i SI ISO 47 74 ~ ~,vl 10 ~ ~~ ~~~~ 49 73 Z y ?. f I..~`0.~~ ~ 53 S4 71 ~ ~ 18 I 35 ILWO~+^ i i ~ " ~- ~q ~ 67 1 68 69L0 y /'~~(, LAS-1~R CT. -~~ 2 ~ II C~OVD ~ a ~ 60 61 62 I 63 i 6•{ 6S ~ J n Meridian City Council March 1, 1994 Page 52 /'\ to be resolved sometime down the road. And also, at the initial meetings that we had, Mr. Allen proposed a thought of a 15' setback behind those Mirage Meadows homes, he has a 15' foot setback before he can build a building and he is either going to have to landscape that area and maintain it or give it over to an easement to the property owners that its affecting. He was talking about turning that land over, that 15' area turning it into part of their backyards as an easement. I don't know if that is legal or feasible or if they can do that, maybe they decided not to do that, but if they do then my lateral comes back down the property line back inside their yards and I can foresee some problems there. They start digging holes for landscaping and swimming pools or jacuzisis they are going to run into a big pipe if it .doesn't have any water in it they will just tear it out and put their hot tub in. So that needs to be addressed, and find out what happened to that 15' easement and if he is going to keep it or what. And also there is a kind of a no mans land on one spot that affects his development is his corner, northeast corner is a 4 way corner of those 4 properties and my lateral comes across Dixie Lane at that point and it dog legs because the other developer that did it first since he was first he moved the ditch and now it comes down and dog legs over to Mr. Allen's land that is going to have to be corrected and buried properly on that Dixie Lane culvert and he assured me he would do that. I just want to state it for the record. I believe that is all I have? Kingsford: Those are real good points Don, thank you. Anyone else from the public? Seeing none I will close the public hearing. Counselor, there is no doubt there are additional findings in the developers portion and others from the adjacent landowners. We need to prepare findings. Tolsma: So moved Morrow: Second Kingsford: Moved by Ron, second by Walt to have new Findings of Fact and Conclusions of Law prepared, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #15: PUBLIC HEARING: REQUEST FOR REZONE FOR GLENN AND MILDRED NYBORG: Kingsford: At this time I'll open the public hearing and invite the owner or his designee to speak first. Meridian City Council March 1, 1994 Page 53 /'~ Terry Nyborg, 5160 View Drive, was sworn by the Attorney. Nyborg: Mr. Mayor, Councilman, this an application for a change in zoning from R-4 to L-O. Its on the northwest corner of Cherry Lane and Linder, and it includes the lot on the corner which is now L-shaped and surrounds the farm house that has been there for about 40 years. Its about .8 of an acre. The proposed use for the properly is a satellite real estate office. The user of the land has agreed to comply with all of the stipulations for landscaping and any other stipulations that the City might have. That is really all I have, are there any questions? Kingsford: Are there any questions for Terry? Morrow: I have a question about access to your property, we heard last testimony about the last presentation, this is one of those areas that is a section line road and it appears that it is 250 feet from the section line road for access by ACHD, the property is of size that its not a problem? Nyborg: No, that would be a problem. If you talk about frontage only of 250 feet from center of intersection. There is about 200 feet of actual frontage on Cherry Lane and there is only about 110 feet on Linder. Now, if you went to the center of Linder road it still wouldn't a 250 feet, it would be close. The existing driveway is on the western edge of the property. Morrow: I guess my question there would be is how do you access the property? Does the driveway, the curb cut that is there, have grandfather rights? Kingsford: I'm sure it does, you're not talking about removing the house or anything there? Nyborg: No, we are changing the access. Kingsford: The access would be the same as it exits? Nyborg: Right, it would be on the western edge of the property. Kingsford: The curb cut is there, they have done improvements past that haven't they? Nyborg: Well, no the sidewalk actually ends maybe 6' past the curb cut aTtd the sidewalk probably ends about the end of the property line. Meridian City Council March 1, 1994 Page 54 Morrow: So, I guess part of my question here is this property its already improved at, its in the transition is it not from where we are going to get ready to do the cheery Lane widening? Its right on the edge of that. Nyborg: I think Cherry Lane is as wide as its going to get. Linder is also widened, the 110 feet of Linder that abuts this property is also widened and improved with sidewalk. So I don't think the intersection changes. I haven't gone to ACHD and asked that question. KKingsford I think it was their intent when they did that intersection to carry it out to the appropriate distance past. 1 don't think they are going to re-do that. I saw those plans too and I wouldn't swear to that but I'm just really confident that is the case. Nyborg: Linder is already 5 lanes there as is Cherry lane for the width of this property. Now there isn't, Kastle Falls subdivision approval is, I don't know if you have approved the plat (End of Tape). I don't know if the plat for that portion of the subdivision that is adjacent to this property is approved or not. I don't think that there is provision for a road our of Kastle Falls into this property. The very preliminary plat I saw f don't believe it contained that. Yerrington: They show on the drawing a well on this lot, do you have your own well? Vyborg: It is currently both those homes are served by one joint well. The home which is not part of this which actually enters onto Linder and then this is my fathers home and the one well serves both homes. There is a well on the property and neither house at this time is hooked to water or City sewer, but the user in this case is aware and in fact demanded that it be hooked to City water and sewer so he would comply with your requirements. Yerrington: Do you know how deep the well is or what size? Vyborg: Its a 16 inch and approximately 200 feet deep it was drilled. My father has a well log, my guess it was drilled in about 1970 maybe or maybe even a little bit before that. (End of Tape) 20 feet deep adjacent to this well but it has been filled in its filled in about the water line so that somebody can't so that kids can't fall in. There is an irrigation well that is just to the north of this that is to be included in the Kastle Falls development and I think its to provide their irrigation water. Its a 12 inch well about 70 feet deep and it was drilled in the late 60's or early 70's as well. WHITMIRE: MERIDIAN CITY COUNCIL MEETING: MARCH 1. 1994 APPLICANT: GLENN AND MILLIE NYBORG AGENDA ITEM NUMBER: REQUEST: REZONE REQUEST AGENCY COMMENTS CITY CLERK: CITY EINGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACTS AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: pf d ~ cIL a~PrpdL FI P,~p"`v" C l ~~ym~,^`~ ~ ~ ~~ .~ Q O~ t c h Y !~'~ a r~ • r a C U a~ a °~ Linder Road ~ n HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk W S Y CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE eer GARY D. SM TH P.E C ty Eng WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Planning & Zoning Commission, Mayor and City Council From: Wayne S. Forrey, Planning Dire for C7• Date: January 6, 1994 RE: REZONE REQUEST FROM R-4 TO LIMITED OFFICE (L-O) BY GLENN AND MILLIE NYBORG FAMILY TRUST This zone change request from R-4 to Limited Office (L-O) generally complies with the Meridian Comprehensive Plan. This rezone will provide an effective, low impact buffer between the Linder Road and Cherry Lane arterial intersection and the R-4 subdivision which surrounds this approximate 8/10 acre site. This site is within the proximity of concentrated commercial neighborhood and other L-O zoning which promotes the City's goal of clustered business uses and discourages strip development. A development agreement is required stipulating compliance with all City site development standards and the Zoning Administrator and Building Inspector checklist's. /'~ ~~~~~~~ car c JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary +~ITY ~~ ~I~gA~ January 19, 1994 TO: GLENN & MILDRED L. NYBORG 3684 STANWICH DRIVE MERIDIAN ID 83642 FROM: Larry Sale, upe i Developme SUBJECT: MERIDIAN RZ 1660 CHERRY R-4 to L-O Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 19, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron RUBBLE ENGINEERING MERIDIAN CITY HALL ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 ,-- ' 4.6" W. ~ 1402.6 5' NoR N p. ~ N~E~" p MA GLEN S. 89'33'~w `t o0 N ~ ~ ~ ~- S. 89'33'46" E. 3 pro NIN ;. 3'46" W. N° '.00' '14" W. 49.00' W. 87.92' PARCEL B 10.65 AG7~ES r rn ao S. 89'33'46" E. 557.68' 25.00' ° 25.00' I ~ SCALE I"= 100 N.89°33 46 W. cct~ 98.89 / m . 32.35' I 2~Z~ o N ~ ~ o M . ~ 13- N I o~ O W WARRANTY DEED ~ _ r $ o /NSTRU,6IENT ,7501,301 ~ ~ 8_89'43'82" E• N O 125.00 Ito 3 WI z ~ t ~ a~ NI N ~~ ~ r y~'~ m~ Q~~QG ~ m ~ z~ ~' S.0' z .. w .- w.c. N. 8 ~. ~ ;; ;. ~ ~~ 9 2 69 125.00 io 0 I 'it? ~ ,~ r~ .~ ~ O. /5 Ac. 3 WC 0' ~ o ( ~,"~~~~,K C 0 e- ~~ w Z I I N. 89'33'46' W. ~ 14.30' ~ S• 89'17'28" W _336.25' '~•~7 -- E 850.09' BASIS OF BEARING 3 ~` ~~ ~! __...., m 1 . tai ARGL"L .. C ~ I ~ 0.79 AG7QES E 1 4 SECTION 2 ° C.P. do F. ~f8023767 QP~ P 0• 12s.oo' a9.4--~ 2T ~ 10. oo~ V1 N. 45'21'11" E. 17.00' ~ S. 89'33'46 E. 197t'48`` ~' I S'S'T C~il~7Q!'Pr L~~IIL~ ro 25.00' Z am 0 OIL r~l zl 140.00' N 2 1 11 12 C.P. do F. X920685 /'~ ~~~~~~~ L~'I~iG JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: ACRD Commission a ~ z ~ ~~~~ CITY ~F 1KE~II~~~.~ DATE- FROM: Development Services ? N~*'F,R-DEPARTMENT CORRESPONDENCE P?ERRZCHLJDSTECH 1-19-94 •Tanuary 14, 1994 SUBJECT: Meridian RZ 1660 Cherry R-4 to L-O (Applicar_t - Glenr_ and Mildred L. Nyborg, Trustees, 3684 Stanwich Dr., Meridian, ID 83642) (Representative - Hubble Engineering, Inc.. 9550 Bethel Ct., Boise, ID 83709) FACTS & FINDINGS• 1. Glenn and Mildred L. Nyborg, trustees, are requesting a rezone from R-4 to L-O for 0.8 acres of property located. at the north- west earner of Cherry Lane and Linder Road. There is an exist- ing residence. on the property that will apparently be used for general office use. 2, GENERAL INFORMATION: ACRES - 0.8 ZONING - Cornmerci3l - L-O VEHICLE TRIPS PER DAY - 30 TRAFFIC ANALYSIS ZONE - 262 L.F. OF FRONTAGE ON Cherry Lane - 225-feet MOST RECENT TRAFFIC COUNTS - None Available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY -- 90-feet (,45-feet from centerline) L.F. OF FRONTAGE ON Linder Road - 125-feet MOST RECENT TRAFFIC COUNTS - Date 1990 t7olume 5,371 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - 90-feet t 45-feet from centerline) IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Meridian. RZ 1660^nerry R-4 to L•°O n ~an~ta?°y i4, ? 994 page 3 3 . A x.-eauest for modification, variance.. or waiver of any recrsire- me;?i- JI" tali C1' !~?'~*'~i ned 4?ernin ch3? 1 be :T!ade, i n ~,~ri ti rig, t0 the 1'?tanager of Enga.neering Services within. 1~ calendar dates of the original Commission action. Thererniest shall include a StateIl?eilt 'X~31a1T1i ng 'r7??y SL2C~? ~. Y'~`.~illrel??ent WOU.~.d ~eSll.lt 1T1 substantial hardship or inequity. Should you ~?aye any questions or comments, please contact the Development Services Division at 345-7552. STAFF tJBMITTING ??ATF QF CONINIISSION APPROVAL.. JAN 15 ~i Larry Sale r~ ~"~ MERIDIAN PLANNING & ZONING MEETING: FEBRUARY 8, 1994 APPLICANT: GLENN AND MILLIE NYBORG AGENDA ITEM NUMBER: 6 REQUEST: REOUEST FOR REZONE ~-~ -~ G-~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: j !~ CITY BUILDING DEPT: T~ ~l~ MERIDIAN SCHOOL DISTRICT: ,,(~ '~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA STREET NAME COMMITTE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~~P,~~_ ~ ~~~ rp~ ~pr~,'~. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION GLENN and MILDRED NYBORG FAMILY TRUST REZONE 1660 WEST CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 11, 1994, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Terry Nyborg, the Planning & Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 11, 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 Applicants are Glen and Mildred Nyborg and the owner of the property is the Glen and Mildred Family Trust, Glen and Mildred Nyborg, Trustees, is the owner of record of the property which property is described in the application which description is FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 ~ !'~ incorporated herein. 3. That the property is now zoned R-4; the area in which Applicant's property is located was farm ground but is now being developed as an R-4 residential subdivision; that the property to the east, west and north is either zoned R-4 or is developed as residential; the property to the south is Cherry Lane and an R-4 subdivision. 4. That the Applicant requests that the property be re-zoned from R-4 to L-O Limited Office; that the Applicant proposes to use the property as a real estate agency office. 5. That the use proposed by the Applicant is an allowed use in the L-O district; that there is property at the southwest corner of Linder Road and Cherry Lane, to the south, that is used and zoned for commercial purposes. 6. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 7. That the property is contained in an area depicted for Commercial and Mixed/Planned Use Development in the Meridian Comprehensive Plan. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 ~ ~ 8. That the subject property has previously been used as a residence; that the structure on the premises is designed as a single-family dwelling. 9. That the property has an access point on Cherry Lane; Cherry Lane is a principal arterial and carries a substantial amount of traffic. 10. That sewer and water is already connected to the property, but the use may require additional charges or fees. 11. The City Planner submitted comments which are incorporated herein as if set forth in full herein; that he commented that the rezone generally complies with the Meridian Comprehensive Plan; the rezone would provide an effective, low impact buffer between the Linder Road and Cherry Lane arterial intersection and the R-4 subdivision which surrounds this approximate 8/10th acre site; the site is within the proximity of concentrated commercial neighborhood and other L-0 zoning which promotes the City's goal of clustered business uses and discourages strip development; that a development agreement is required stipulating compliance with all City site development standards and the Zoning Administrator and Building Inspector checklist's. 12. That Ada County Highway District did submit comments and they are incorporated herein as if set forth in full herein; that the Central District Health Department had no objection. 13. That the residential subdivision adjacent to where the property is located was approved within the past year and one-half; the owner of the subdivision did not appear objecting to the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 ~. ~ ~ application. 14. That the property is located on Cherry Lane and it is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: "4.4U Encourage 35-foot landscaped setbacks for n e w development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors." 15. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been 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 Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 _ _ ~. ~„~ ~ E 1 4 SECTION 2 ° C.P. do F. ~f8023767 46" W. 11402.65' ANoR N p ~ NN~E~ p M ~~E S. 89'33'4B" E. 557.88' ~- ~ri rn ao S_89'33'46' E. 25.00' 25.00' e ~O ~O N ~ o~ ~-S. 89'33'46" E. 3 ~ o is Qi N N O 46" W. N 'O, • 4" W. 49.00' 87.92' PARGEL B 10.63 AGWES O ~ h ~N 32.35' ~ ~ 1 ~ 2.~ z~'`R' l o N so rn ~o r~ . 13~ It 0 WARRANTY DEED ~ /NSTf~UMENT ,~7501.~01 p S. 89'43'52" E. 125.00 (n . ~I aofn ~v~ NI .,~_._~'~. z I 0' S. 0' ~} ~ . -__ ' . i~~ N. 8 3'46" W. W.C. ~-- 0 5.00' o ~ 0~ ao N.89°33~46°W N1 ~~ ~ ~(~PG~ 98.89',1 QP.~ M 3 rn~ 0. e N 125.00' N. 89'33'46" W. 14.30' S. 89'1728" W. 338.25' 2},q.~,7 _ Q~n no' ~ ~ .89'43 52 1, :: PARG~'Z. C ! 110. oo' ~ 1 0.79 AGWES ~ N. 45'21'11' E. 1.00' ~ S. 89'33'46' E. 197."48` 40.00' 211 JL ~c ~ ~sr air t.~ ~ 11 ~ 2 ~ C.P. do F. 206854 ~ASIS Of BEARING SCALE 1~~= 100 N is 0 M N w o co 0 0 ui ~p `~' r 3 ~ ` Z ~ ~ N M ~ ~^ z •~ w~ o~ ~ io T~ 0 ~' Z Z ao 0 co 0 25.00' `$ ~ m~ a° , DEC 17 '93 01~53PM PIONEER TITLE COMPANY 4 ~ ~~ COMIdITMENT FOR T~I.E INSURANCE scMmuLS c fie Number, P127506 The land referred to in this Commitment is described as follows: A PARCEL OP LAND LYING IN THE SOUTHEAST OUARTI~i OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, 801SE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: P.7 COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 1,2,11 AND 12 OF TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MARKED BYA BRASS CAP MONUMENT, THENCE NORTH 0 DEGREE 16' 08" EAST ALONG THE SECTION UNE COMMON TO SAID SECTIONS 7 AND 2, SAID LINE ALSO BEING THE CENTERLINE OF NORTH CINDER ROAD, FOR A DISTANCE OF 311.09 FEET, THENCE NORTH 89 DEGREES 33' 46" WEST FOR A DISTANCE OF 160.00 FEET TO THE REAL POINT OF BEGINNING, THENCE SOUTH 0 DEGREE 1s' 08" WI=ST ALONG THE WESTERLY PROPERTY UNE OF THAT PARCEL DESCRIBED IN WARRANTY DEED INSTRUMENT N0.7SOi3010FADA COUNTY RECOAD8, FOR A DISTANCE OF 761.53 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, THENCE SOUTH 89 DEGREES 43' S2" EAST ALONG THE SOUTHERLY PROPERTY LINE OF SAID PARCEL FOR A DISTANCE OF 110.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF NORTH UNDER ROAD AS DESCRIBED IN WARRANTY DEED INSTRUMENT N0.7649290 OF ADA COUNTY RECORDS, SAID POINT 6E1NG 40.00 FEET WESTERLY OFTHE CENTERLINE OF SAID UNDER ROAD, THENCE SOUTH 0 DEGREE 16' 0$"WEST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 107.85 FEET, THENCE SOUTH 45 DEGREES 21' 11• WEST ALONG SAID RIGHT OF WAY UNE FOR A DISTANCE OF 17.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST CHERRY LANE, SAID POINT BEING 30.00 FEET NORTHERLY OF THE CENTERLINE OF SAID WEST CHERRY LANE WHICH CENTERLINE IS ALSO THE SECTION UNE COMMON TO SAID SECTIONS 7 AND 11 OF TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE NORTH 89 DEGREES 33' 46" WEST ALONG SAID NORTHERLY RIGHT OF WAY UNE FOR A DISTANCE Ot~ 197.48 FEET, THENCE NORTH 0 DEGREE 2B' 14" EAST A DISTANCE OF 281.09 FEE?, ' THENCE SOUTH 89 DEGREES 33' 46" EAST FOR A DISTANCE OF 98.69 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACY: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 1, 2,11 AND 12 OF TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MARKED BY A BRASS CAP MONUMENT; THENCE NORTH 0 DEt3REE 16' 08" EAST ALONG THE SECTION LINE COMMON TO SAID SECTIONS 1 AND z, SAID LINE ALSO BEING THE CENTERLINE OF NORTH UNDER ROAD, FOR A DISTANCE OF 311.08 FEET, THENCE NORTH 89 DEGREES 33' 46"WEST FOR A DISTANCE OF 150.00 FEET TO THE REAL POINT OF BEGINNING, THENCE SOUTH 0 DEGREE 76' 08" WEST ALONG THE WESTERLY PROPERTY UNE OF THAT PARCEL DESCRIBED IN WARRANTY DEt;D INSTRUMENT N0.7507301 OF ADA COUNTY, RECORDS FOA A DISTANCE Of= 67.88 FEET, THENCE NORTH 89 DEGREES 33' 48' WEST FOR A DISTANCE OF 98.89 FEET, THENCE NORTH 0 DEGREE 26' 14" EAST FOR A DISTANCE OF 67.88 FEET, THENCE SOUTH 89 DEGREES 33' 4B" EAST FOR A DISTANCE OF 98.89 FEET TO THE REAL POINT OF BEGINNING. _ ~ s ~~ ~~ .,~ ~ ;4 .;~. . , ~-~~ ~~~~ ~~a ~~ ;~~~t~ d ~~ ,w ~:~~- - END 01= LEGAL DESCRIPTION ,. ., Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change „ or repeal the regulations, restrictions, and boundaries or classification or property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission. specifically concludes as follows: (a ) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is designated in a Commercial and/or Mixed-Planned Use area. (b ) The area was not intended to be rezoned in the future but there is a commercial property to the south of the subject property. (cj The area included in the proposed zoning amendment is intended to be used in the fashion that would be allowed under the proposed new zoning. (d) There has been change in the area or adjacent areas which dictate that the property could be rezoned, that being the addition of the Maverik store and the car wash facilities being constructed across Cherry Lane. (e) That the property, is designed and should be used as allowed in the L-O District, and as it presently exists, would be designed and constructed to be harmonious with the surrounding area, which is to be and is developed in the R-4 fashion. (fj The L-0 use would not be hazardous to the existing or future uses of the neighborhood. (g) The property, if developed in the L-O fashion, would be FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 a ~ ~ /~ r~ able to be adequately served with public .facilities. (h) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use would not involve uses, activities, processes materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area however the traffic would be increased more than it would be under R- 4 use. dot (j) Development in the L-O district/and particularly as planned by the Applicant, would cause an increase in vehicular traffic over and above what the traffic increase would be if the R-4 use was continued. (k) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-416 A of the Zoning Ordinance states, in part, as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance." 9. That Section 11-9-605 M., PIPING OF DITCHES, of the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 ~. ,. ~ ~ Subdivision and Development Ordinance requires piping of ditches, canals and waterways and that ordinance shall be complied with as a condition of development of the limited office if there are ditches, canals or waterways on the property. 10. It is further concluded that, upon development, the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with as would the ordinances of the City of Meridian, particularly including the paving, lighting and landscaping of the parking area. 11. That the Applicant shall be required to have a 35 foot landscape ,set back from Cherry Lane because Cherry Lane is an entryway and the Meridian Comprehensive Plan states that upon development the City shall require the 35 foot set back. APPROVAL OF FINDINGS The Meridian City Council Findings of Fact and Conclusion ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE OF FACT AND CONCLUSIONS hereby adopts and approves these s of law. VOTED VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED -~~ CHAIRMAN JOHNSON (TIE BREAi~ER) VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 ti . ~ + . ~~ u DECISION /QlQl~I s¢ Jh al s ~a ~2l3zcs ~v~ vs? ! `S~tY~_ The Meridian city ~eun~. hereby approves the Rezone for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved, lighted and landscaped and the 35 foot setback for entryway roads shall be met. MOTION: APPROVED: '~.~- DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 r~ Planning & Zoning January 11, 1994 Page 29 Henry: In looking at the resulting plat, there is very little that changes actually. Except that we have added more land and the streets are extended and there are 38 parcels rather than 27. Shearer: As per the clients request I would move that we table this project until the next meeting. Crookston: Well it may not actually be our next meeting it depends on our publication schedule that we have to meet. Henry: Well I understand that next Friday is the cut off time and I'd be prepared to submit a new application by that time. Johnson: It is actually this Friday. Henry: I have already done some planning I'm already prepared for it, it would be pretty easy to do. Rountree:. Second Johnson: We have a second and a motion to table this item, all in favor? Opposed? MOTION CARRIED: All yea ITEM #13: PUBLIC HEARING: REQUEST FOR REZONING FROM R-4 TO L-O BY GLENN AND MILLIE NYBORG: Johnson: Someone representing the applicant like to come forward at this time. Terry Nyborg, 5160 View Drive, was sworn by the Attorney. Nyborg: This is a request for rezone of the lot on the corner of Cherry Lane and Linder, northwest corner, from R-4 to limited office. It is proposed to put a real estate office in the existing home that is there, remodel that adequately to do that. We believe this would offer a good transition area from the other commercial businesses there on that corner to the residential that lies to the north and west. The real estate office wouldn't have night activity as the other businesses do and it would be a quieter use for the corner and provide a good neighbor for the residents that are there. There is access to the property, the access is on the very west edge of the property off of Cherry Lane. I believe that this use for the property would be in keeping with Meridian's Comprehensive Plan providing a buffer as well as a transitional area between more commercial type uses and the residences that are there. Any questions, I'd be glad to answer them. <; Planning & Zoning January 11, 1994 Page 30 Johnson: Thank you very much. Rountree: This rezone just applies to the one parcel on the corner and not the parcel behind and addressed on Linder. Nyborg: That is correct, this address is on Cherry Lane, it has no frontage on Linder. It is an "L" shaped piece of property. I have a larger picture of it, that shows the placement of the home that is there to scale as well as the garage and there is a small pump house on the property. There is frontage on Linder, there is frontage right on the corner but not to the north. Rountree: No accesses proposed off Linder? Nyborg: No Hepper: What would this big common area close to the intersection, what would that be? Nyborg: I would presume that would be used for parking, that or the house sits back a substantial distance from the road as you can tell from that drawing. Depending on the amount of parking that they needed there is .778 acres there, about 3,400 square feet on the entire parcel. The building, the house is about 1,600 square feet. Hepper: Do you have any plans for paving? Nyborg: That, I would assume they would pave it based on an offer on the property to buy it and the actual remodel of the house and plans for the lot have not been that well defined. Crookston: Our ordinances would require paving. Hepper: The driveway and the parking. Do you have any plans for landscaping, fences, berming any like that? Nyborg: I don't know the answer to that, I would assume they will be willing to comply with whatever was required. There is certainly adequate set back to do that. Alidjani: Is the interest of the properties immediately west of the house at the present time? Nyborg: The access to the property, yes it is adjacent to the west property line. Alidjani: And, then there is a chain link fence and if I recall ~ ~ :,; Planning & Zoning January 1I, 1994 Page 31 right there is another fence. Nyborg: The wooden fence actually encompasses the lot that is to the north and east of that. The chain link fence encompasses just the yard around the brick home, there is a woven wire fence that Ada County Highway District put up around the pasture when they widened the road there. Johnson: Thank you Mr. Nyborg, this is ~ public hearing anyone else like to come forward on this application for rezone? Yes, mam, you need to be sworn. Vicki Baer, 1655 N Linder Road, was sworn by the Attorney. Baer: I live at the house adjacent to this property and my only concern is our driveway and the driveway of that one is a circular driveway tat goes all the. way around. We have already had to put blockades up for people driving through so they can get Linder to Cherry Lane through that property. Also, we share the well with that property, we have a common well. Those are my concerns with that becoming an office. I don't know whether it is going to stay real estate or whether is going to become something else. Alidjani: Do you live in that red brick house? Baer: Yes I do, and I have a little child that is 18 months old so I'm concerned about the traffic coming through. Johnson: Ok, thank you Vicki, any questions of Vicki. Is there anyone else from the public? Apparently not, go ahead Terry. Nyborg: It should be noted that Vicki's property the driveway will not go around because the back 6,000 square feet behind this "L" shaped lot that actually stretches the length of her property so this property does not and will not connect to their driveway. There was an irrigation well on that back 6,000 square feet the folks that are developing Kastle Falls plan to use that irrigation well and they have purchased that property so that will provide a break between those 2 driveways. Alidjani: Do you still have the common well as you stated? Nyborg: Yes, currently the homes are hooked to a common well and they are both on septic tanks. It is my assumption in talking with Mr. Forrey that probably at lease this home if you approve a commercial use it would have to be hooked to city water and sewer anyway. j', ~ t' ~" ti1~ Planning & Zoning January 11, 1994 Page 32 Johnson: Thank you very much, Gary Smith your comment were missing from this, do you have any comments? Anyone else from the public before we close the public hearing? Seeing no one then I will close the public hearing. What would you like to do with item #13 gentlemen? Forcer. Mr. Chairman I've got a question I think for Mr. Wayne y, would you address the entrance to the City concept to the Comp Plan about landscaping and stuff this is pretty much along the main entrance to the City we need some landscaping and what type. of landscaping berms, fencing is that something that can be done later, do you have any thoughts on that? Forrey: Mr. Chairman and Commissioner Hepper one of the last comments in my memorandum to the Commission talked about a development agreement stipulating compliance with all site development standards and zoning administrator and building inspector checklists. At our last department head staff meeting and there was the Mayor and one Councilman present to solve some of these, well to standardize some of these landscape requirements and of course the Commission is re-evaluating that whole issue of landscape which would included entry ways. The building department and the zoning administrator will be developing a checklist and so if a project is determined to be in an entry way we have policies in the Comprehensive Plan that talk about special landscape or special visual identity. And if we determine that this is one of those key point in the community than we will have some standards specifying more than just a tree or a shrub. We don't want to go overboard with that of course and would appreciate the Commissions input,b ut yes if this property through that development agreement is determined an entry way into the community we would want a higher landscape standard than in other types of developments that are not an entryway, we are not there yet but we are moving in that direction and that is what I envision in that development agreement and those new checklists that we are developing. Hepper: But since we don't already have that, how would we proceed with this? Forrey: Well at this point we would have to rely on the existing ordinance and just make sure that everything in the ordinance is adhered to just monitor from a development review standpoint. The parking is adequate the signage the landscape that we do require now. Johnson: Thank you Wayne, any other discussion? We need a motion. Rountree: Mr. Chairman, I move we have Findings of Fact and ,~ ~ Planning & Zoning January 11, 1994 Page 33 Conclusions prepared. Shearer: Second Johnson: Its moved and seconded to have the City Attorney prepare Findings of Fact and Conclusions of Law, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #14 PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A CONDITIONAL USE PERMIT FOR LOCUST GROVE CENTER BY AVEST LIMITED PARTNERSHIP: Johnson: I'll now open the representative of the application at this time please do so. public hearing, is there a that would like to come forward Kathleen Weber, 600 North Maple Grove Road, Boise, was sworn by the Attorney. Weber: Mr. Chairman, Commission members and Mr. Forrey, I would like to give some background information about AVest and share some specifics concerning the application before you tonight. Then, roger Allen would like to discuss some major issues to be considered prior to your recommendation to City Council. The approval process was begun on this 40 acre parcel a year and a half ago when Mr. Jack Niemann was the City Planner for Meridian. Since the City of Meridian was planning to revise their Comprehensive Plan rather than amend the old comprehensive plan, Jack suggested that we wait... So, we agreed to postpone presenting our project until the new plan was adopted. In June, 1993, a moratorium was placed on building in Meridian... So, we waited some more. In November of 1993, when the project could finally. be presented,-the Meridian Council found it had a few more Comprehensive Plan details to work out in regards to talks with County Commissioners. This process has been good for Meridian...So, Avest has been patiently waiting. WE are very hopeful that now a finally proceed with our project. I am really anxious about the prospects of finally being able to go forward with this presentation. Then I received the agenda for this meeting and found we were last on the agenda. I decided that someone must think I really need lesson in patience. So I'm really trying and all these people are too. We are doing a good job. We want to be sure that what we have before you tonight is clearly understood. Avest has two applications for you to consider. One, is an application for annexation and zoning request for a CG zone for the 40 acre parcel at the corner of Locust Grove and Fairview Ave. The second application is a request for a conditional use permit for a rental storage complex. We are anxious to have approval for the storage use so we can begin DATE: _ 1 ~ ~ ~ 9 /MERIDIAN CITY (~'`f1VCIL AGEi'VDA ITEM NUMBER ~ ~ APPLICANT: ~~ ~, ~ REQUEST: ~'~ AGENCY COMMENTS: MERIDIAN POLICE - ~< < ~~ MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - /~ MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - r~~ ~P"'~ SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: ~ HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS Treasurer CITY OF ME RID IAN COUNCILMEN R . RO ERT G ESLE! BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON. JR.. Attorney 33 EAST IDAHO MAX YERRINGTO JOHN sHAwcaoFT, waste water supt. MERIDIAN IDAHO 83642 ROBERT D. CORRI KENNY BOWERS. Fire Chief + Chairman Zoning 6 Pla BILL GORDON. Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordina GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian 2s r , may we have your answer by: ~ In 1^1 ~l _ TRANSMITTAL DATE: IZ'Z3~ ~r3 - HEARING DATE: ~ `) ~ 9 1 REQ BY• ~~ LOCATION OF PROPERTY OR PROJECT: JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,P/I MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA CdUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, HAYOR NAMPA MERIDIAN IRR.:DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION..DISTRICT BOB CORRIE, C/C IDAHO POWER. CQ ~fPRELIM AND FINAL PLATS} BOB GIESLER, C/C U S: WEST (PRELIM AND FINAL PLATS) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. BUI CITY FILES (~ /~ ` ~ ~"" LDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT ~(~ ~rc~? ~ (,~ .-a-- u, w {-lam 'j-~~~ ~ CITY ATTORNEY Q~ ~oF;.) ~ , 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER r~lJ (.t.~ ~? ~ S CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # ~ ~ _ L ~ Conditional Use # REVIEW SHEET RECI:.I''~'1~1~ Environmental Health Division Return to: ~~~~ ^ Boise CI~ ®~ ~~~~~~~~ ^ Eagle Preliminary /Final /Short Plat `~ ~~ Po-~~ /CI//tic /(14.6d~'~ ^ 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 for 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 ^ 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. ~ilE /fi9-dE ~a ~6/L ~-~4"'.S , Date: ~ /~/~ Reviewed By:'' CDHD 10!91 rcD, rev. 11!93 jll OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Police Chief GARY SMITH, P.E., City Engineer 33 EAST' IDAI~U MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MAX YERRINGTON C~~ ®~ tE lc!? aT+-rl p ~T ROBERT D. CORRIE U U~~~O~~~ ChainnanZoning6Planr JIM JOHNSON Centennial Coordinate 2 7 DEC 1993 PATSY FEDRIZZI NAMPA dt MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian 2s , may' n•:e ha~re your answer by : ~ l 1 TRANSMITTAL DATE - 1223 - ~ 3 ° HEt~RING DATE ~ ~ - ~ ~ 9 ! R E O U E 5 T: - C?'`¢n~ ~-^YY1~~~r~t~.1 `'~~ ~'~.8ti+~t ~ y '~'d Z.~ BY: ~ HUB OF TREASURE VALLE'~ A Good Place to Live ~~.~~~E~ COUNCILMEN CITY OF ~~.IDIAI~U^~ ~ ~ 1994 ROBERTGESLER` J V LOCATION OF PROPERTY OR v U PROJECT : ~-~.X JIM JOHNSON P/Z MOE ALIDJANI,PIZ JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR ROriAIO TOLSHA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER NERIDIAN SCHOOL DISTRICT MERIDIAN P05T OFFICE (PRELIM AND fINAI PLATS) ADA COUNTY HIGHWAY DLSTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRII..DISTRICT ScTTiE^nS IR~IGATION''DiSTRICT IDAHO POWER CO`.-(PRELIM AND FINAL PLATS) U.S: WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLAiS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER YOUR CONCISE REMARKS Nampa & Meridian Irrigation District has no comment on this rezone. ~~L~ Bill Henson, Foreman Nampa & Meridian Irrigation District ~ HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON, Police Chiel GARY SMITH, P.E., City Engineer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor ~~~~~~~ D ~ C 2 8 193 GiT'Y OF ~ERIDIA~I COUNCILMEN RONAlO R. TOLSMI ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Plani JIM JOHNSON Centennial Coordinatt PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian ~ ma>~ we have your answer bye ~ TRANSMITTAL DATE = ~ Z.' 23 - ~! 3 - c.,~ NEARING DATE ~ ~ _ ~ ~ 9 R E (~ U E 5 T ~ ~ 4-~-~J'~ JZ ~r"lSi'~ ~--71'k ~-r~l .. - ~' ~f -~'p L' ~ ~ ., ~ BY ~ LOCATION OF PROPERTY OR PROJECT= JIM JOHNSON P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI,PIZ MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS} JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT NfALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR. DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT 608 CORRIE, C/C IDAHO POWER CO".-(PRELIM AND FINAL PLATS} BOB GIESLER, C/C U.S: WEST (PRELIM AND FINAL PLATS) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS _ / '7 - 2 `~ POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ~'~` HUB OF TREASURE VALLET~ A GOOd PIaCe t0 Live COUNCILMEN OFFICIALS WAYNE S. FORREY, AICP, City Clerk ~ I TY O F MERIDIAN RONALD R. TOLSMA ROBERT GIESLER JANICE GASS. Treasurer MAX YEARINGTON BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO ROBERT 0. CORRIE WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFr, waste water supt. IDAHO $3642 MERIDIAN Chairman zoning a Planr KENNY BOWERS. Fire Chief , Phone (208) 888-4433 JIM JOHNSON BILL GOROON. Police Chief FAX (208) 887-4813 Centennial Coordlnatc GARY SMITH, P.E.. Clty Engineer PATSY FEORI721 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian ~ ' maY we have your answer bye ~ u TRANSMITTAL DATE = 12-•23 - ~' 3 HEARING DATE = ~ ` ~ ~ 9 1 .. ~ y -b ~0 REQUEST= BY• ~- "Y1" PROPERTY OR PROJECT= MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AHD FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HERLTH ' NAMPA MERIDIAN IRR..,DISTRICT SETTLERS iRRIGATION'DISTRICT IDAHO POWER C0.-(PRELIM AND fINAI PLATS} tI S: WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS} BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER YOUR CONCISE REMARKS ~-~ . 1 C nlJr 0 (..~ ~-~Q/~ LOCATION OF JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER APPLIATION FOR ANNEXATION APPROVAL & ZONING OR ZON MERIDIAN PLANNING AND ONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Rezone from R4 to LO (PROPOSED NAME OF SUBDIVISION) 1660 W. Cherry Lane (GENERAL LOCATION) See attached commitment for title insurance. (LEGAL DESCRIPTION - ATTACH IF LENGTF~.Y) Glenn and Millie Nyborg Family Trust (OWNER(S) OF RECORD) (NAME) 3684 Stanwich, Meridian, ID 83642 (TELEPHONE N0.) (ADDRESS) Glenn Nyborg, Trustee and Mildred L: Nyborg, Trustee 888-3055 (APPLICANT) (NAME) 3684 Stanwich, Meridian, ID 83642 (TELEPHONE N0.) (ADDRESS) Hubble Engineering, Inc. 322-8992 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 9550 Bethel Court, Boise, ID 83709 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) r v ~~ ~\ Glenn and Mildred Nyborg 3684 Stanwich Meridian, ID 83642 Telephone (208) 888-9692 December 15, 1993 Meridian Planning and Zoning Commission 33 E. Idaho Avenue Meridian, ID 83642 SUBJECT: Request for rezone from R4 to LO. 1. APPLICANT: Glenn & Mildred Nyborg 3684 Stanwich Meridian, ID 83642 (208) 888-9692 2. OWNER: The Glenn and Millie Nyborg Family Trust 3684 Stanwich Meridian, ID 83642 (208) 888-9692 3. REQUEST: We hereby request a change in zoning on the property described below from R4 to LO. 4. LEGAL: See attached commitment for Title Insurance. 5. ADJOINING: See Map 6. PRESENT USE: Personal residence. 7. PROPOSED USE: Real Estate office or similar limited office use. 8. PRESENT DISTRICT: Unknown 9. PROPOSED DISTRICT: Unknown .-. HUB OF TREASURE VALLEY ~ A Good Place to Live OFFICIALS CITY OF MERIDIAN WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer sauce o. sruART, water works suet. 33 EAST IDAHO WAYNE G. CROOKSTON, JR.. Attorney JOHN sHAwcaoFT, waste water supt. MERIDIAN, IDAHO 83642 KENNY BOWERS, Fire Chief Phone (208) 888-4433 BILL GORDON, Police Chief FAX (208) 887-4813 GARY SMITH, P.E., City Engineer GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your tom nts and recommendations will be considered by the Meridian ~ ' may we have your answer by~ ~ TRANSMITTAL DATE ~ I Z~2'3' ~''3 HE{-RING DATE = ~ - ~ ~ ' 9 ! -- ~~ RE~i BY= LOC JIM JOHNSON P/Z MERIDIAN SCHdOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS} JIM SHEARER, P/Z ADA COUNTY HIGHWAY DLSTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION 1IM HEPPER, P/I CENTRAL DISTRICT HERLTH `,' GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR::::DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATIOM`DISTRICT IDAHO POWER-C0 (PRELIM AND FINAL PLATS) 806 CORRIE, C/C S. WEST (PRELIM AND FINAL PLATS) U 806 GIESLER, C/C . INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS} MAX YERRINGTON, C/C T BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS} . BRUCE STUART, WATER DEP JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER TMENT YOUR CONCISE REMARKS FIRE DEPAR POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ustomer's 12.. ' ~ 1993 Order No. Date Name Address Phone: SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT r ~ r ~. ~ ~. ~ 92 ~~ ~ ~.. ~~ ~~~~, ~ ~- I -r-- All c F I .. Q i r' l~ z. ~ 90 ~~ ~~' ~:i GLENN OF 13 i 3684 STANW ~`{ MERIDIAN, II 92-vt2al i~ O 7 PAY TO THE J~j G .~ ~ ~I ORDER OF L _ ` x ~~ Weat One BanK, Idaho ~ Meridian Office OS Post Office Box 408 ~Nx Meridian, Idaho 83642 FOR ~:L24L000L9~:LiIL0054L023811^ OL320 ~ 'DEC 17 '93 01s5~ COM-'"~TMENT OR T17'LE INSURAN~ PIONEER ..'LE COMPANY OF ADA COUNTY (208)33 ,l00 SCHEDULE A Fit®Number: p127506 ESCROW CLOSER COLE OFFICE ATTN: ViCKi WHITE INQUIRIES SHOULD !3E DIRECTED TO: DOUG BROETJE VICE PRESIDENT 821 W. STATE ST. BOISE, 10 8372 COLDWELL BANKERS s9 E. STATE ST. ATTN: MAYNARD SMITH ~~xi ~ a*1a..ya~ 'sl..~J 2. Policy or Policies to be Issued: A. [X] ALTA Owner's Policy, (4-6-90) [X] Standard Coverage Q E~eended coverage Amount $TO BE AGREED UPON Premium $ Proposed Insured: LARRY CARAWAY AND BONNIE CARAWAY B. [] ALTA Loan Policy, (4-6-90) p Standard Coverage p Extended coverage Amount $ Premium $ Proposedlns~red: C Amoum $ Premium $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title t0 the fee simple estate Or interest in said land is at the effective date hereof vested in: GLENN NYBORG AND MILDRED L NYBORG, TRU8TEES OF THE GLENN 8~ MIWE NYBORQ FAMILY TRUST ESTABLISHED BY AN AGREEMENT DATED OCTOBER 26, 1980 AS TO THE REMAINDER 5. The land referred to in this Gommitmeni is described as follows: P.2i6 1. Effective Data: DECEMBER 7,1993 as of 7:30 A.M. SEE SCHEDULE C P.3~6 'DEC 1? ' 93 01 ~ 59PM PIOt~ER TITLE COt~ANY ^OMMI7MENT FOR TITLE INS. .Ai~tlCE SCHEDULE B -SECTION I ~,~~ ~~` F'ti a Number: P127506 ~~..~ 1 ~ i::j REfaUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grentors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: • DEC 17 '93 01~5~M PIONEER TITLE COMPANY COMMITMENT FOR TITLE INSUB-ONCE SCHEDULE B - SECTION 2 Fie Number. P127506 Schedule B of the policy or policies to be issued wdl contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or otter matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions- (1) Rights or claims of parries in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not Ilmited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter famished, imposed bylaw and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tige to water, whether or not the matters excepted under (s), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedir-gs, whether or not shown by the records of such agency or by the public records. P.4~6 ~~: ~ °'w~~~ :ice ~~ ~t PARAGRAPHS t ~2~AS~TO SUCH PARTS THER OF,AWHICH MMAY BE TYPED ASOA SP CIEALDE)CCEP IONAGE POLICIES, EXCEPT . IN SCHEDULE B-SECTION 2. C. 1. 2. Special Exceptions: GENERAL TAXES FOR THE YEAR 1993, WHICH AAE LIENS, IN THE ORIGINAL SUM OF $18fi9.50 ARE NOW DUE AND PAYABLE 8UT NOT DELINQUENT. PARCEI. NO. oas12o2aasao3 NOTE: THE. AVER MUS OAPPLOTO HEE ADA COUNTY ASSESSOR S OFF CE FOR SA D PTION. ANY NEW 8U EXEMPTION. SAIp TAXES AFFECT SAID PREMISES AND OTHER (ANDS. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. CONTINUED DEC 17 '93 01~59PM PIOt~ER TITLE COMPANY P.5/6 P127506 .-. 3. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFlCE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (345-1884) 4. DENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: SETTLERS IRRIGATION DISTRICT (94'4-2471) 5. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: THE RIGHT, PRIVILEGE AND AUTHORfTY TO CONSTRUCT. OPERATE AND MAINTAIN ITS LINES OF TELEPHONE AND TELEGRAPH INCLUDING THE NECESSARY WIRES AND FIXTURES. IN FAVOR OF: THE MOGNTAlN STATES TELEPHONE AND TELEGRAPH CO. RECORDED: APRIL 16, 1951 INSTRUMENT NO.: 316493 AFFECTS: THE SOUTH HALF OF SOUTHEAST QUARTER OF THE DITCH, THE EXACT LOCATION OF WHICH IS UNDISCLOSED OF RECORD. 6. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED, BETWEEN: GU=N NYBQRG AND MILDRED NYBOFiG, HUSBAND AND WIFE AND TERRY C. NYBORG AND LINDA J. NY60RG, HUSBAND AND WIFE DATED: APRIL 14, 1975 RECORDED: APRIL 17, 1975 INSTRUMENT NO.: 7507197 PROVIDING: THE SUPPLY OF DOMESTIC WATER AND THE COSTS RELATED TWERETO SAID AGREEMENT AMENDED BY INSTRUMENT RECORDED DECEMBER 27, 1977 UNDER INSTRUMENT NO.77625898 AFFECTS: SOUTHEAST QUAATEA OF SOUTHEAST QUARTER END OF EXCEPTIONS NOTE: WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY. REFERENCE TO THE RECORD IS MADE FOR FULL PARTICULARS. RECORDED: MAY 2T, 1993 INSTRUMENT NO.: 9340011 BOOK/PAGE: 2490 NOTE: WE NOTE A GENERAL POWER OF ATTORNEY EXECUTED BY: BONNIE CARAWAY IN FAVOR OFr LAWRENCE C. CARAWAY RECORDED: JULY 12.1991. INSTRUMENT NO.: 9137844 NOTE: THE ACTUAL VALUE OF THE ESTATE ORJNTEREST TO BE INSURED MUST BE DISCLOSED TO THE COMPANY, AND SUBJECT TO APPROVAL BY THE COMPANY, ENTERED AS THE AMOUNT OF THE POLICY TO BE ISSUED. UNTIL THE AMOUNT OF THE POLICY TO BE ISSUED SMALL BE DETERMINED, AND ENTERED AS AFORESAID, IT IS AGREED THAT AS BETWEEN THE COMPANY, THE APPLICANT FOR THIS COMMITMENT, AND EVERY PERSON RELYING ON THlS COMMITMENT, THE COMPANY CANNOT BE REQUIREG TO APPROVE ANY SUCH EVALUATION IN EXCESS OF 5100,000.00 AND THE TOTAL LIABILITY OF THE COMPANY ON ACCOUNT OF THIS COMMITMENT SHALL NOT EXCEED SAID AMOUNT. CONTINUED " DEC 17 '93 02~00PM PIONEER TITLE COMPANY P.6i6 P127506 ^ ^ NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASST=SSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION ANb OTHER i'OSSI6LE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT 70 THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL 8E CONSIDERED CANCELLED SIX MONTHS AFTER THI: EFFECTIVE DATE ON 7HE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED $HAIL BE IN ACCORDANCE WITH OUp RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. 88~08i08 09104 PIONEER TITLE 03 • .. .•.~; • ~ ~ .~casrx~n~ar~v.:w•'tq .r.~,;~•,~:~r.; ~E so o, p`' •. •,t ~ ~4, 1 ... /~ ~"g'~ ~r fir' ~ (~ • (. MM ;: ,: :. ~r~:..:.. • ~. •r ~ • • ...M~ a ~~ ~ ,G ~~ I .:•., ~. ~ 1 • • M ' .~ ,. t ---____ .sue '~ I ~• n ` Q ': . * t1 / 7 'i I i- • ''~ ~-urnna ~ 2 ' iii .. .. ~ ~~" '^ - ~-- ~uj - •• . ~' • -' S£. ^ ' ~. ~ ~ SEA ~.,._ ., `"t I ~ •• ` ADA COUNTY ASSESSC ' BOISE, IDAH .; '• • ~ ~ ~- .. ~ ~.~ .. ... ~ 1..... .. ~ Q p 6 TRACY C'. zl e 38 33 34 33 32 3! 3 I7 (~I, _ 37 ti-~+ s ? Q 16 i7 i€ ig 20 q +~ 20 21 22 ,;~ 3 a ~ I 6 - 6 38 35 ® ~ ~ y~ ~ ~- 13 rC : ? Q~: Io ~ 7 J X29 34 14 13 12 •r 'Q S ~ 40 19 a ~/' ~ t l 12 13 w ` iS ? 5 M _ -~ x 23 L'1 2e 33 ' o ..,.CHATEAU za 9FgR C~• s.. 4 43 41 18 Y 2 27 32 ? ? =Q 30 28 28 • nE~ 4 13 42 I7 26 ~ p *27 26 2s c2 2! 20 i7 3, 3 ~ '31 ~ R 5 18 '~'~ ~ 31 -- 32 33 34 /~, 18 ~ , 4S ~ Is ~,~, 29:30 4 ~ .-- j'4hQ CT' 3s 2 46 ;, 14 23 27 26 j s. ( 41 40 \ ~ F~ 1 Ip 1~\~~~ 24 3 6 142 3g ~ 3r. O l!~ ~ ' tl ~f.~CN : ?~. 13 '? a e - - ~ !3 •4 24 77 '~ G~ , ~ ' •' ~ ~~ ~~, n Iq y ~ ~ K`--i ~~ 4a +g L /NDER ROAD 7s ~, ~i \. e ~ rT ELEMENT,4RY 7s' 3 . \,a \\ , ~ ~VT 10 / , ~ ~ ~~~! 49 ~ 73 Z I9 ~ , ? . I~ *' .. ~ y •1 l qp ~g3 4~ ~ 72 ~~~~ li Is 17 ` 18 > I '~ '~` Si bS. 71 `~~ f' ALMOn~ OP• ~ ;\~~ ~,,. ~'~. ~ ' SgNpq s6 6g i 4^ `~'1! Ll1SHER `CT. 2 ~ U L.{VOVO s8 R8 160 61 I 65 66 67 68 `~ s'~~ /( I 62 63 6~ . 3 d a 3 ~ F y) 23 1 22 i 2 2Q 3 ti ~~ ( '0 8 ~~ 16 ~ .~ 3 i{ 35 34 33 32". - + 13 I . i4 + ;ti t6 ~ 8 ~3 6 S a 11 10 ! I ~ . 2 st @ _ L_1 17 :' 4 IY d' W. HEkDRICKS sx. ~Y HEN©RfCKS ~ ~ 10 S3 32 Sf SO 4!i 4s 47,. S ( V 3GG4 4~~~ 3 17 16 3 '~:Z~24 23 I ~ C~' 18 3 ~ Y #, . 7 i J T• 4 Ig IS 29 7 ~~ ~ z~ 1 ? ~ W. HE:NbRICKS S z wE.r'y` 8 2a z2 / 20 19 '' 12 It 10' 9 8 7°E ~ 7 e so: SV Ig 14 29 .; ~ L N ~ I ~ ~ ~G EN F E ~ as 21 ~b ~+ 20 13 ai 27 24 z E ~ 7 MAN R ?4a 1(~. ~ 20 N'N~(80 28 ~~ 21 Q 26 26 2 7 28 29 3 31 32 Z 2 3 4 8 8 7 _' 12 W McGLINCHEY ST. 29 ~S 2g ~ IsO `,i 27 = 2r I I W 23 28 2T 28 1 33 34 36 • 42 r8 4 30 ~ W ~ 38 37 58 34 40 41 ~ 26 * 23 10 V 24 20 21 22 23 '24 2S; 26 27 28 ' 29 17 ~P 3i __+ 3P 2s 9 2~ O O 8 r 1 N S 2~~ 8 C "' 22 W. E FA LS CT: Ry E. 3 4 t.J 21 19 ~ O '. ~~V~ ' it G`T. 9 ~ 7 Z IA 17 15 IS 7 4- O.1 _ r 8 ~ 20 ,!? 13 ' 14 '1 ~ R4/ ~ .,,! ~' ` 3 ,10 .11 12 ~~q~ ~ S T: 11 ~ w j.r J ' 8 ~ s _~: yam' S l~W==~--- 13 3 10 W. LV ~ % ~- a 5 ~ ._ j , .~ ° 7 6 14 16 16 I7 18 ~ x 'ER ~ ~T 9 A 4 _ .. t at. 3 4; ~ 3 / 3 ~' ~ 2 3 r~i4~~,~ 2 'fir ~rlr /;_ . . T 1 ._ . ~ ~, ~, 4' F ' ~ ~ 10. CHARACTERISTICS: The property is located on the Northwest corner of the intersection of Cherry Lane and Linder Roads. There is approximately 120 feet of frontage on Linder Road and approximately 210 feet of frontage on Cherry Lane. The increasing area traffic has diminished the desirability of this site as a single family residence. These same features, however, lend themselves to a business that requires good visibility and exposure. Access lies on Cherry Lane adjacent to the West edge ~~~ " . ~"~ of the property. the property is .78 acre and therefore provides adequate area for remodeling of the existing home into an ~ 4'~ `~ 1~~ f~ ~~,..., attractive office while rovidin a arkin and landsca. a desi p g p g p 1~ _ `~ F ~~ ' `' ` that will compliment the surrounding area, not detract from it. It ~.> ~ a "j is our belief that this type of development will act as an attractive , low impact, transitional buffer between tow increasingly busy streets and the residences surrounding the property. 11. DESIRABILITY: This proposed use fits in well with the other uses that exist on the corner. In addition this location is ideal for a real estate office due to its proximity to the residential developments in the Meridian area. 12. MAP: See attached map. 13. MAP: See attached map. 14. ADDRESSES: Parcel 81570270100 and 81570270200 Stoddard-Murry Properties Partnership #2 380 N. 200 W., Suite 260 Bountiful, ITT 84010 Parcel 81570270300, 81570270400 and 81570270500 Max A. Bcesiger, Inc. 6479 Glenwood, Suite A Boise, ID 83703 Parcel 81570280300 Linder Road Church of Christ P.O. Box 703 Meridian, ID 83680 Parcel S 1202449552 Richard A. & Vicki A. Baer 1655 N. Linder Meridian, ID 83642 ~:. Parcel S 1202449307 ~ ~ ~ ~ ~ ~~a ~ ~ Vicki Welker ET AL 1602 W. Hays St. C~~S~i ;~~~ €`~s~,~~~1~~'?t~' Boise, ID 83702 Parcel S 1201336300 Christ Lutheran Church 1406 W. Cherry Lane Meridian, ID 83642 Parcel S 1201336250 Russell S. & Sonia J. Heughins 1528 W. Cherry Lane Meridian, ID 83642 Parcel S 1201336270 Calvin F. & Ann L. Barlow 1516 W. Cherry Lane Meridian, ID 83642 Parcel 51201336280 Samuel C. & Roberta L. Lytle 1440 W. Cherry Lane Meridian, ID 83642 Parcel S 1212223100 Stubblefield Development Co. 2258 Bradford Avenue Highland, CA 92346 ~~~~ APPLIATION FOR ANNEXATION APPROVAL &~}~~ ~ ~3 f.~~ x~~'+ `~~ ZONING OR ZON MERIDIAN PLANNING AND NING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Rezone from R4 to LO (PROPOSED NAME OF SUBDIVISION) 1660 W. Cherry Lane (GENERAL LOCATION) See attached commitment for title insurance. (LEGAL DESCRIPTION - ATTACH IF LENGTF~.Y) Glenn and Millie Nyborg Family Trust (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 3684 Stanwich, Meridian, ID 83642 (ADDRESS) Glenn Nyborg, Trustee and Mildred L: Nyborg, Trustee 888-3055 (APPLICANT) (NAME) (TELEPHONE N0.) 3684 Stanwich, Meridian, ID 83642 (ADDRESS} Hubble Engineering, Inc. 322-8992 (ENGINEER, SURVEYOR OR PLANNER} (NAME) (TELEPHONE N0.) 9550 Bethel Court Boise ID 83709 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) Glenn and Mildred Nyborg 3684 Stanwich Meridian, ID 83642 Telephone (208) 888-9692 December 15, 1993 Meridian Planning and Zoning Commission 33 E. Idaho Avenue Meridian, ID 83642 SUBJECT: Request for rezone from R4 to LO. ,; _ ~'~~ , : 1. APPLICANT: Glenn & Mildred Nyborg 3684 Stanwich Meridian, ID 83642 (208) 888-9692 2. OWNER: The Glenn and Millie Nyborg Family Trust 3684 Stanwich Meridian, ID 83642 (208) 888-9692 3. REQUEST: We hereby request a change in zoning on the property described below from R4 to LO. 4. LEGAL: See attached commitment for Title Insurance. 5. ADJOINING: See Map 6. PRESENT USE: Personal residence. 7. PROPOSED USE: Real Estate office or similar limited office use. 8. PRESENT DISTRICT: Unknown 9. PROPOSED DISTRICT: Unknown 15. Subject property is in the existing Urban area as outlined in the Meridian Comprehensive Plan. It lies at the intersection two major area roads. A project is scheduled for 1995 (page 44, M.C.P.) to expand Cherry Lane from Linder to Ten Mile to five lanes. This will increase the traffic at the intersection making it ~~`' increasingly less desirable as a residential site. The Meridian Comprehensive plan specifically addresses the growth of the Real '~ ~~ ~ ~ Estate market in the Meridian area. It also refers to the concept ~~'~~ ~~ a~~a:;~~~i'~l,t'~ of providing employment for residences of the City of Meridian. I i t s a growing trend for the Boise Real Estate Firms to open satellite offices in the outlying towns. These are primarily staffed by individuals that live in these areas. This process provides for agents that are attuned to the local developments and have a self interest in preserving the flavor of the community. In the Economic Growth Statement of the M.C.P. it states "Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. Under the "Policies" part of this same section specifically: 1.1, 1.9, and 1.12U, are several reasons why this type of development should be encouraged. Additionally, 2.2U and 2.3U under the Employment Goal Statement, further support this type of low impact, upper wage scale employment opportunity. 16. A check is attached in the amount of $412.90 for the rezoning fee of $400.00 plus ten (10) certified mailings at $1.29 each. 17. This request is made this 17th day of December, 1993, by the Glenn Nyborg, Trustee and Mildred L. Nyborg, Trustee. Tenn Nyborg, T tee Mildred L. Nyborg, Trustee ' State of Idaho ~~" d ~ te4v County of Ada ) S.S. ~~~~~ ~-' ~ -~ ' : s~ , ''«,' ~~ On this~day of ~ c-~ 19~~ersonally appeared before me Glenn Nybo~, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and aclrnowledged that he (she) executed the same. S E A L i State of Idaho S.S. County of Ada ) ~ 1 ~ On this~day o ' Q e_ 19 "l , ~rsonally appeared before me Mildred L. Nyborg, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he (she) executed the same. S E A L ~` ' .~ 1~14tary ublic / ~ My~ ~ ~ssion Expires `- ~~ ~/ - S' ' DEC 17 '93 01~53PM PIOI~ER TITLE COMPANY .-. P . 7 COMMITMENT FOR T^LE INSURANCE SCHEDULE C Fie Number, P127,06 The land referred to in this Commitment is described as follows: A PARCEL OF LAND. LYING IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, AOA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIQNS 1,2,11 AND i2 OF TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MARKED BYA BRASS CAP MONUMENT, THENCE NORTH 0 DEGREE 16' 08" EAST ALONG THE SECTION LINE COMMON TO SAID SECTIONS 1 AND 2, SAID UNE ALSO BEING THE CENTERLINE OF NORTH CINDER RQAD, FOR A DISTANCE OF 311.09 FEET, THENCE NORTH 89 DEGREES 33' 46" WEST FOR A DISTANCE OF 150.00 FEET TO THE REAL POINT OF BEGINNING, THENCE SOUTH 0 DEGREE 16' 08" WEST ALONG THE WESTERLY PROPERTY UNE OF THAT PARCEL DESCRIBED IN WARRANTY DEED INSTRUMENT N0.7501301 OF ADA COUNTY RECORDS, FOR A DISTANCE OF 161.53 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, THENCE SOUTH 89 DEGREES 43' S2" EASY ALONQ THE SOUTHERLY PROPERTY UNE OF SAID PARCEL FOR A DISTANCE OF 110.00 FEET' TO A POINT ON THE WESTERLY RIGHT OF WAY UNE OF NORTH MINDER ROAD AS DESCRIBED IN WARRANTY DEED INSTRUMENT N0.7649290 OF ADA COUNTY RECORDS, SAID POINT BEING 40.00 FEET WESTERLY OF THE CENTERLINE OF SAID CINDER ROAD, THENCE SOUTH 0 DEGREE 16' 08"WEST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 107.85 FEET, THENCE SOUTH 45 DEGREES 21' 11"WEST ALONG SAID RIGHT OF WAY UNE FOR A DISTANCE OF 17.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY UNE OF WEST CHERRY LANE, SAID FOINT BEING 30.00 FEET NORTHERLY OF THE CENTERLINE OF SAID WEST CHERRY LANE WHICH CENTERLINE IS ALSO THE SECTION LINE COMMON TO SAID SECTION31 AND 11 OF TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE NORTH 99 DEGREES 33' 46" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE FOR A DISTANCE OF 197.48 FEET, THENCE NORTH 0 DEGREE 26' 14" EAST A DISTANCE OF 281.09 FE>cT', THENCE SOUTH 89 DEGREES 33' 46" EAST FOR A DISTANCE OF 98.69 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A PARCEL OF LAND LYING IN T'HE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE i WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 1, 2,11 AND 12 OF TOWNSHIP 3 NORTH, RANGE 1 WEST, BO15E MERIDIAN, MARKED BY A BRASS CAP MONUMENT; THENCE NORTH 0 DEGREE 18' 08" EAST ALONG THE SECTION LINE COMMON TO SAID SECTIONS 1 AND 2, SAID LINE ALSO BEINQ THE CENTERLINE OF NORTH CINDER ROAD, FOR A DISTANCE OF 3i 1.09 FEET, THENCE NORTH 89 DEGREES 33' 46" WEST FOR A DISTANCE OF 150.00 FEET TO THE REAL POINT OF BEGINNING, THENCE SOUTH 0 DEGREE 18' 08" WEST ALONG THE WESTERLY PROPERTY UNE OF THAT PARCEL DESCRIBED IN WARRANTY DEED INSTRUMENT N0.7501301 OF ADA COUNTY, RECORDS FOR A DISTANCE OF 67.88 FEET, THENCE NORTH 89 DEGREES 33' 48' WEST FOR A DISTANCE OF 98.89 FEET, THENCE NORTH 0 DEGREE 26' 14" EAST FOR A DISTANCE OF 67.88 FEET, THENCE SOUTH 89 DEGREES 33' 4B" EAST FOR A DISTANCE OF 98.69 FEET TO THE REAL POINT OF BEGINNING. END OF LEGAL DESCRIPTION bS890Z6~ 'd ~ 'd'0 '"` Z~ l~ JNI~lV36 ~0 SIS .~7W7.~~ 1.5.E ~ l Z ,00'Ob Z ,00'L l ~ o o '3 „ l 1, tZ.Sb 'N N W! v ~ °~° ~ S~~6' 6L O IO ~; oo'o t t .~ z~~dd ' 3 is ><b.ss 's W ~ ,so •o5s 'M .BZ,L 1.68 'S ~ ~~£'~ 'M .91,££.68 'N Z ,00'SZ l Iv s ,00'SZ o 'p a ~ Nco ~ ,~ ,~ "f ' W o ~ 68'B6 2 ? m u' ~~jo ~ o ~ o ' ' ~ ~~t/ O/ O O ~ tp ~ ° ,00 S O1- 00'SZ l 69'£ Z 6 6 ~ m 'o'M M .9ti,£ .68 'N ? ,0's 0 ~? ~ ~ I~ ~~1~~ ~~' , o ~ ~ 00'SZ l ~ cNn '3 .ZS,~b.68 'S o ~ l0£lOS'L.~ 1N3iYl/d(1SN/ ' ~ O~~O .C1Nb'2/2/b'rN rn O 0o I s N ~t ~ W W Q ~ ~ tp O~ N OI ~ I .s~'Z~ ,001 = I 3~t10S °' „ I N O ,00'SZ 00'SZ _~ 3 .9b,~£.68 'S S~~b' S9 Ol a ~~~dd ,ZS'L8 'M ,00'6b 'M „b l ~ ,00 N 'M „9t~,S J N ^j ~ ~ O ~ '3 „9b,~~.68 'S ,89'LSS '3 .x,££.68 'S ~NN31 ~ ~ oNd~ a1~ `.ON ~ ,59'Z0~ L 0 N 01 a L9L£Z08~ 'd ~P 'd'0 Z NOLL03S b l 3 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on March 1, 1994, for the purpose of reviewing and considering the Application of Glenn and Millie Nyborg for a Rezone of approximately .78 acres of land located in the Section 2, T. 3N, R. iW, Boise-Meridian, Ada County, Idaho, and which property is generally located on 1660 West Cherry Lane. The Application requests a rezone from R-4 to L-O. A more particular legal description of the above property is on file in the City Clerks office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 9th day of February 1994. WILLIAM G. BERG, JR., CITY CLERK 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 January 11, 1994, for the purpose of reviewing and considering the Application of Glenn and Millie Nyborg for a Rezone of approximately .78 acres of land located in the Section 2, T. 3N, R. 1W, Boise-Meridian, Ada County, Idaho, and which property is generally located on 1660 West Cherry Lane. The Application requests a rezone from R-4 to L-O. 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 all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 23 day of December 1993. ~ `~ ~~ WILLIAM G. BERG, JR., CITY CLERK