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N ~ O X y ~ N ~ ~c,~ocy-. a~~3=y ~a- ~_.a~c~, u~iv~i3~.~~ 3c~~~~ m m a m v~ a ~d ~a'Q;d. .~n~.~~- ~ c ~ ~ p o ~ ~ m - ~ 3 ~c 3 o`m~ d om.~.~~x <n' °P-'~~+3 j~ovyic3 ~ ~ ~ m~d3~~ m a n~ ~ _y m w d ~ ~ ~?. = oZ Ddmmo~ m m ~tnn°m - ;A ~ 0 C ~~ ~ (p In N ~ a m N cD ~; o a m ~ ^^^^ ~ ' m m 2 _ - ~ ~ m 'a ~ ,~~° °- '~ m~ 3 ~ v 0 -. ~ 1 ,~ o _ ~ ~ ~ ~ G1 ~' c ~ m n a y N N C C N C ~, v ^ ^ m ]] CJ ~ ~ tD O~ Z S ~ ~ ~ o c ~ ~. c °- F ~ .. Q ~ 7o a ~ ~ m n S ~ ti ~ Q O n X T~ =v ~ m ~C) a~~ a~~~ ~ ~ ~ O ~ N ~ ~x~~, wom m ~,~~w o - m ~ ~''•~ m ~~.Q otp ~- ~v-. n . G n O ~ ~ m ~ 3 ~ n w ..,~ O ~. ~'` Certified Mailing Returns Project Name C.W. Construction File No(s) .~ HUB OF TREASURE VALLEY MAYOR Robert D. Conie A Good Place to Live LEGAL DEPARTMENT CITY CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (~~8) 888-4433 • Fax (208) 887-4813 PLANNING AND ZON[NG Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: CUP-00-010 REQUEST: CONDITIONAL USE PERMIT FOR 1800 SF HOME/OFFICE TO BE USED AS OFFICE SPACE/RELOCATION ZONED C-N BY: C.W. CONSTRUCTION, INC. LOCATION OF PROPERTY OR PROJECT: FRANKLIN & CINDER (EXACT BARRETT DRIVE & CRESTWOOD) SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C!C _KEITH BIRD, C/C TAMMY de WEERD, C/C -WATER DEPARTMENT -SEWER DEPARTMENT SANITARY SERVICE -BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORN EY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: /1 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ~~ ~~ (~ C ADDRESS: ~ ~ ~~ ~ .S ~~~ ,~1~~ '~ t, e-- ti ~+~.. p p ~~ h + a. r~ ,::.:1 .~ . c~~ ~ a .~ , ~, GENERAL LOCATION: ~ A'~f ~ ~/ ~ ~ ~ ,~,~ D ~ ~ ~ ~1 r~ ~ d` ~ + ~- f~ ~ C'P its c c ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: 1. + ~ ~ C> g, ~ i ~~~~ ~~ ~'~~ ~~ ZONING CLASSIFICATION: C. I certify that the information contained herein is true and correct, LEGAL NOTICE OF PUBLIC HEARING Signature of Applicant Social Security Number Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Plannuig and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at -° ~ ~ ~ 5' i~u ~ `' `a ~ s ~ , SUBDIVISION, BLOCK ,LOT TO ~. CONTEN'T'S OF CONDITIONAL USE APPLICATION (Incomplete applications cannot be processed) An application for a conditional use permit shall be filed with the A~inishator owner of the property for which such conditional use is ro ~ the application shall contain the following information: p posed. At a minimum, the 1. Name, address and phone number of applicant. _ ~, c :,~ < ~,.,.,~ ~ 2. Name, address and phone number of owner of subject property. - ~A~ ~~~ 3. Legal description ofproperiy. ,. 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner. 5. Description of existing use, 6. Present use of subject property. t.~ ~ ~ ~ ~,. f - l~~ ~- ~~t G~ ~ 7. Proposed use ofthe subject property. ,. ~,' ~' N !~ ~' ~'' `~~ ~ 8. The District (present zoning) that pertains to the subject property. ~'~ '~' 9• Thirty (30) copies of a vicinity map of a scale of one inch equals three hunched feet (1 "=300. 10. A plan (with a scale of not less than 1 "=50') of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). Also include one 8 %2 " x 11 " copy of site plan, elevations and list of construction materials for all buildings. - _ , ,~, --• 11. A list of the mailing addresses of all property owners within three hundred feet (300' of the external boundaries of the land being considered. This hst can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. 12. Characteristics of subject property that make a conditional use desirable. - - ~,~ / a ° ~ ~ _ ~ R 13. `A fee established by the Council, $275.00 + $1.73 each for certified mailings for each ro owner listed within the 300 feet =Total Fee. Please double the mailing p ~~ the property is located in a zone other than Old Town, Commerc fee on this application if require two public hearings -1 before P & ~ ~ or Industrial (All other zones lannmg Wing Commission and 1 before City Council). 14. A statement that the applicant or user of the property agrees to trash fees or charges, if any, associated with the use, whether that use be residlential, co rmmercial or industrial - . -~ 15. The application shall be verified by the applicant who shall state ~ he ~ rem the contents thereof and verifies that the information contained therein is true and correct. „--. ._ ;,.: .~ 16. The property will be posted 1 week before the hearing stating the have Use Permit or Zoning, There must be a s' Y aPPli~ for a Conditional application. igned ~~~ that ~ ~ be done as part of the 4` -~ ~ ~ .O b cd" .--~ ~ c~ a ~ •~ ~ o o ~ a~ ~ • ~ ~ a~ ~ ~ ~ .~' ' ^' U 3 ,~ .~ ~ ~ a, 0 .~ W a~ ~_ ~"` 0 .~ a~ W U cd 0 .~ W a~ b ,"'~ 0 ... a~ W a~ b .~ 0 w 0 .~ a~ W .~ 0 w 0 .., a~ W U cd ,v. I ,- ~ I I p I I I r- I '' ~ ~ I I I I ~ ~ ~ ~- I Y I I ~ I I - ~- --- - -~ ~ - -i -~- -- - I I I i I I I I • i e'-o' I a'-o• I ~> °o o ~ I rn I I I I U~+ I I I I I I ~!~ ~ R7 ~ I~ I I I ~ I ~ I I I I ; I I ~~ -~-F N i i e r I N i°° I I I 6 I I I • I I I . I ~~~ I I 5 ~~ I I # ~ ;~ z~ ~ ~ I I I I 1 I I I I '-- -----------------1---J ~ I I ~ ~ e I ~ I I ~ ~ - -- - -- I - -- ew-M..~.o.lKx ~-- - --- ----~~a =~ '~_ =a I I I ti--- -~ Y~ e ~ i~ ~ ~~ ~ ~a~ ~ ~~ ~ ~ ~ ~~ ~ :~~ ~ ~~ I I I 9 ~45. ,II !III VIII ~~~ 01A21/2@00 12:56 208-387-6393 ACHD PLANNING PAGE 01/02 ~. AdcUC ~~i ,~ 1~i~trict Dave Givens, Vice President Marlyss Meyer, Secretary Sherry R. Huber, Gommissioner Susan S. Eastlake. Commission January I Cortland Walker 130U S. Heidi Place Meridian, Idaho 83642 RE: MSI'R-U2-00//Barrett e/o Linder !C'.W. Construction Office pI.dNS ACCEPTAPICE Garden City, Idaho 83714-6499 Phone (208} 387-6100 Fax (208} 387-6391 e-mail: tellusC'la achd.ada.id.us The Distract has reviewed the plans for the above referenced project, and they are accepted for public street construction. By stamping and signing the improvement plans, the Registered Engineer ensures the District that the plans conform to all District policies and standards. Variances or waivers must be specifically and previously approved by the District in writing. Acceptance of the izxtprovement plans by the District does not relieve the Registered Engineer of these responsibilities. The District will assess the following Impact fee for this project. The impact fee rrrust be paid prior to issuance of a building permit. Total Impact Fee due: ~3,9(?4.00 Standard Requirements: 1. Utility street cuts in new pavenrrent Less than five years old are not allowed unless approved in writing by the District. 2. All irrigation facilities must be located outside the public right-of--way unless otherwise approved by the District. 3. Replace damaged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match existing improvemeztts. 4. All facilities to be constructed with a proposed development, and to be owned and maintained by the District, must be constructed according to the latest edition of I.S.F.W.C. and the District's Supplemental Standard Specifications: 5. Q,ny work. in the public right-of--way requires a penmit from. ACHD Construction Services. 6. An engineer registered izt the State of Idaho shall prepare and certify all improvement plans. If you have any questions or concerns, please feel free to contact me at 387-6176. Sineerel Jeff Lo e Planning and Developtxrent .,,TAN-21-2LE0 4@1: GS 2~Es 3l37 6393 94:; ~~ P. iii ea1/21f2000 12:56 208-387-6393 ACHD PLANNING ~-. .~ Garden Ciry, Idaho 83714-6499 Phone (208) 387-61 Qq Fax (208)387-6391 e-mail: tellus@achd.ada.id.us ~ G~ C ~ ~ t7 U~Y'u^~ y ~ Judy Peavey-perr, President 318 East 37th Street ., vavc oirCti~, vice rr~staeni Marlyss Meyer, Secretary Sherry R Huber, Commissi©ner Susan S. Eastiaice. Commission 18, PAGE 02I02 MSI'R-02-a0 Baxxett e/o Liza,der l W Cnnetr~~rfin» (1F4:.~ IMP.A.CT FEE CALCULATION Building Type Cost pear Unit Area (Sl~) Total Cost General office Multi tenant $2,169.4Q 1,840 $3,404.00 Total Impaet Fee Aue 53,904.00 .TAN-21-20010 ~i1: ~8 208 3$7 639 9.~ ff P.02 ec. 8 'S9 15:4 BILL and JODY BUCK,IJER r FAX 1-208-888-3855 F'. ~ C LINTY TREASURER --TAX CCILLECTOR FaR TAXING D19TRICTB O~ ApA COUNTY 8 2868, BOISE, ID 83~I01 PH. #(208) 364-2233 - • - • • - ~{. cE cRIPT1oN: DELINQWLNt TAX BAR ~3'OtlB OF NW4NW4 3 3N 1W PNONE(208) 364~z2SS Y£AR HALF TAX;YEAR CODE AREA SILL NUMBEF~ t 3Q 13N 0 61E133D08 3N LW ].3 NCLUDIN ~ y~9q ~~ yae6]~3 CURRt:NT LATE CHARGE MORTC>;AGE COMPANY R[QUESTIN9 YOUR TAX BELL: ' [pT~ ~ eas: Id B A R R E T T AND INT£REBT. ' l8 A l$TfNG dF T TOTAL A flNT - YQU PAY !!AQN XING DIST TA ! TR! ICT, lNCLIJ lNG BOND , O WI Q 10 RE VERRIDES AN lF YOU NAYS SOLD THIS PROPERTY, OR A D T MORTGAGE COMPANY f8 RESPONSfBLF ~TIF E¢VyYY AI~CiE N !F PP A L F !~' ~TAXIN~ DEI~•~G~GT /NDIV TAXING 01 T ICT ,1•FfONE MIi~OER TAi~ING DIBTRIC'T TOTAIr L[YY A>tAnOU~IT T AMOUNT t:OA PAYING TNlB TAX, PLEASE FORWARD iY T . INa DISTRICT TNi3 eILL /MMEf7laTEty. .01 CNOOL ~~ 80Npp R M ~ ~ ~ ~ 88-67Cf1 GENC ~-~7 ~ 02665 8pp49pp tl 0 '~ ~ ~ +iy13-96 wAYnx~wtu~.~~~~~LleeTa ~ 4 6 - ~ ~ Most" c~~.INau~~!~~,,1'J~?cES• . „ , 2 4 7 ' ~~~ ~. "a -- I+~ ~R l ip NT~~ ~~_ 3~ • Q~ ~~ 42 #L33. 3 YOUR CANCELED CHECK WILL ADA OlJ DA AID SON X64-~33~ • OQ~~~7~~$$y~j9 X3.5? SERVE AS YOtJii RECEIPT. R6 NNTYN~ ~ W#1~' 33 -?6~ . ~I3 ~~U~`1 ~~~.~~ TO AI/ . ,. I~ E INTiE .!lt3T, C Ib~AN l38 A~Y 8 -44 •fl0 59888 s11~6.64 FULL a~~~°~ ~,~xEeMttsT . R N C R S T y $$ I VN PILRa ~ p- eE t,t.a. E I~ AN ~~~ ~ON$ 8 _954 . ~fl 05~b 33 ~~. ~9 POST efl NO (,w~'TEft THAN: pS 11 ~S~li ~ AB~~ .~~. T p ~~,~ ' '. ~,:~ .~IOOW~83S~8 ~~' a~ #3-77 ,,,' :.~ . ~ ~, .; . , "a~„ a. ~. . , , ' ° ~ ~' IF ANY PORTION OF TWE TAX ~, I4r; rrr ,; i?! , ~'„ eECOMEB DELIN(iU£NT, WE WILL ~~, ° .: i. ,' ~ ~ APPLY A 2 PERCENT LATE CHARGE AND i PERCENT PER MONTH INTEgEBT DATING FROM JANUARY 19t ON ANY FIRST HALF REMAINING j BALANCE. WHEN YOU ARE READY TO PAY THE 9ALANCE DUE, CALL 364.2239 FOR THE CORRECT THM$E AMOUNTS ARM PIBTNICT (~AWoEe OH 01U DENT ~M,L$ TNA1 NAVM ~l~N ClFTIFIED TO THE TAX ROLL PAYMENT AMOUNT. ~ Foy a~~l~ r ~ ~ ° ` n~ra rrav ~~+aa~ r~4 " ~ ~~-s ar~ff ~~c o~T~~ QTAL PROPERTY TAX BILLED , ~,~ • ' LEIiB PREPAY.MI~NT8 ~I1sGl>;"IVECi BY .. -~C~/2'~/]~999 ,~ Yota I~,fvv , , LES$ C{gCUl1' BREAKER (tiENiOR CITIZEN) EXEMPTION L~$e t1AAD!}NIN EXEMPTION TQTAL TAXES DUE - -py49~y8a~ 6.48 ;~ 681.94 1.5 '` "~ R r • - ~. .. ~aa~7y '.• .. . SPECIAL KARRANTY DEED 'FOR VALUE RECEIVED,.~Washington:,Federel~ Savings and Loan. Associatinn;.a.federully c,harter.ed..:'~ savings association, hereinafter called the GRANTOR, for valriable;,considel^atian paid .by l9i]l.iam.:. ~ J.. Buckner. :and Jody. Ann Buckner, husband :and wife,. hereinafter ,called the GRAtiTEES~.whos,e:;" ••,:current:address'.;is: 3 McDonald Circl@. Hanover.,.Massachusetts: 01810,,.does:.,h2reby sell, transfer.'. and convey 'unto said GRANTEES; .and to their.''reirs,. deuisees;;_persenal .representatives.and. : assigns, the following described property:situated in the County of. Ada, State of Idaho, to wi,t:.•.: -That. portion.Qf the orthwest Quarter of the' Northwest Quarter of.<.Sectiori 13,, Township 3 Nortii, :j Range 1 v2est, Boise Meridian,. Ada Corint;~, Idaho; lying soutfi:.of:Franklin Road, east of.Linder . Road; North of West Barrett Drive,.west of. West Crest Wood Drive;sand west of.Lat 14 in Block 3, ':. of.Cr:st Wood Estates.Subdivision No. 3, according to..t}ie official Plat filed in Book 55 of ;,. '. Plats at Page 5081.. << and .. .. Pai°cs1,8 as delineated. on Plat Map of: 5u.rvey:~1602 8o~k G,Pages.lb27,;and 1628`recorded March 21; 1400 as: Instrument Nc,:.9014498; records of Ada County, Idahd,.being-a portion.of~the North itai.f~,; •of Section 13, Township 3 North,.Range l k'est,.of,Boise Merid,ian.i;n Ada County, Idzho.- F~' ..' 10: NAVE AND T0. HO.LD the same, together with all- and:.:srnguTar.:•the teiie~nents, .he.reditaments: ~'nnd appurtenances. thereunto belonging .or in anywise apper.ta,ining:: Th~.Grantor.hereby covenants".. .with 'the Grantees .that said property is. free from all encrimbra::ces made by it and that it tivill :.: ~•":warrant and defend said property..agai;ist the lawf~i cla,ims'of a]i.persons claiming by,,through: ''.or.• under. 'it; Subject to .ai] ~:easements ..or other.: matters;:::i~f:`,.xe;cord.: or appearing from an ~~.examination'of the property and..the rights of all persons .in pc~session, if acv; ' .: . IN WITNESS WHEREOF; said. Grantor..lias. caused these 'presents to be executed: this 1G th . ,: day of ... December 19 9Q .... . , • ~ .. : .. .. .. • ~ WAS ~' ~ HIN~TON FEDERAL. 5AVIfiGS ' .: :. AND LOAN ASSG'CIATION•. .. . .. ~ .,~7 IJ,.J ~. ,•. s. , ~5 . T, .> . B', szAr~:oF.;ea~o..-~~j .~. ~ . . :y. S.' , ~. ::..COU~rTY' OF ADA'.:::) • •.. _ ;. ::. ,.. •;:,.•:..On:' :;;b'ecemiiei;: ;!4 .`T.9:9.0=`.~~.: '; before me,:pers~tially~:a'~.~ea'r~*~..;;`RoSert .Link. `~ ~~.ard`.'.' ,,.personally known..to.me;..to;.ne.the..per•sons.i~~o execute the ., ':::':wit in nstrument:.as. t e:`.: 5e or V.i e P e ]:dent and. 4ice P esfdent :. ~; ~-% .; respacti:ely,:•:on::behal'f'.4.~f t5e:; cor ora . p qn there n'narr~~and `~zckrc+~ cdT ge3-to., nee ,that.,:such :. <...~ ;,'; : corpo7atton-::'executed ,:the;•sam~.~;•:. •. ..... .... .... . ............ • ... .:.. ,..... ,rr4Y,,hand..and.ofif: c~ai:.se '~\,.. .f -.:: l.. ,. a.l.. .... ... ., i".' U ,. . r: ..:. ._. .. .. .~ .:. ':: .:;,; ~• .,. .. •~ :.: .. ... :~:::' .. "' .... ':,. i~~,n .,; .. .., .,. . ; 4 ..... :..:• comae s s.ibn ,, ~. ex i ES' ~. r C~'~- ... P `.f ~. .:_ .:..,: :.. .. ... .. ...: ... ,: ~ ;, ,, REAL E~'ATE PURCHASE AND SALE AGF^ MENT AND RECEIPT FOR EARNEST MONEY ~ THIS IS A LEGALLY BINDING CONTRACT: BEFORE SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING THE REALTOR® GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY' QUESTIONS BEFORE SIGNING, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT Oo ~OXTU~NI~v f~ ID#J8Z27 DATE~f .,~~~~ ``~~ ,f~%r`~~' 1. REAL ESTATE ~~ES: /'~ f1 Listing Agency „~_/ ff,,.'"r' f~9r~1 /r r~~c~ /t '~ Selling Agency "~!/Fy-+..-~- MLS Office# f MLS Office# ..---- Listing Agent Name ~r"r/r~/9"'`_ Selling Agent Name ~fd~''~.---~-~ MLS Agent # MLS Agent # Phone #(office) E/(home) Phone #~lo^ffice) ,r ~ ~ (/home) 2. BUYER AND LEGAL DESCRIPTION: ~~'~'^ (r... ~ C...*~,f,f~'C"'~l' G, iHereafter called "BUYER"),agrees..to~~''rrpurcha~{s, and.t~hre enders' ned~ELLER tees to sell the for owing described re/a/l es~te hereinafter referred to as "premises" commonly kno , as ~L!~ ,C~f.~~l ~"~ ~ .v'^'-S/~,i~`~'+- ~ City ~'~~'°''~f *'~County ~":~`+®"4~ Idaho Zi - yJ l ~ ~ legally described as: ~` i~~a'A 3. TOTAL CHASE RRICE: ~ ~ ~~~1/'~";>r',er,:~ ,~ ~~,/~~:' ,r OLLARS, payable upon the following TER SAND CONDITIONS 1 Not including closing costs 1 TERMS: (Note: A+C+D+E should add up to (or be equal to - total purchase pri a ept for 1 0% financing ) _ A. EARNEST MONEY: BUYER hereby deposits _ -*~rrl~y - ~-;+~s~ r}~~~!eG` DOLLARS as Earnest Money evidenced by: ^cash personal check ^cashier's check ^ note due ^other and a receipt is hereby acknowledged. Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by: Broker ^Selling Broker ^other for the benefit of the parties hereto, and /"d~Y~ f, j7 _,,,~///~',.-- - (Bro r) shall hold the completely executed Broker's copy of this Agreement. The respons~~ib""le Broker shall be e r°'ltdr c_ ~ ~--,~' ,!/v'~i.~l-~---- B. ALL CASH OFFER: t,[~CES ^NO If this is an all cash offer do not complete lines 25 through 47, fill blanks with N.A. C. NEW LOAN PROCEEDS: This Agreement contingent upon BUYER obtaining: ^FHA ^ VA ^CONVEN ^IHFA ^RD ^OTHER FIRST LOAN of S not including mortgage insurance, with interest not to exceed % for a period of yearls- at: ^fixed rate ^other BUYER shall pay no more than pointlsl plus origination fee if any. SELLER shall pay no more than pointlsl. Any reduction in points shall first accrue to the benefit of the ^BUYER ^SELLER ^Divided Equally. BUYER shall apply for such loan within business dayls) of SELLER's acceptance. Within business days of final acceptance of all parties. BUYER agrees to furnish SELLER with a written loan commitment showing lender approval of credit report, income verification, debt ratios and subject only to satisfactory appraisal and final lender underwriting. If such written commitment is not received by SELLERS within the strict time allotted, SELLERS may at their option cancel this agreement by notifying BUYERS in writing of such cancellation. If an appraisal is required by lender, the property must appraise at not less than purchase price or BUYER's Earnest Money may be returned at BUYER's request. FHA / VA. If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be obligated to complete the purchase of the property described herein or to incur any penalty or forfeiture of Earnest Money deposits or otherwise unless BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans Administration or a Direct Endorsement lender setting f©rth the appraised value of the property of not less than the sales price as stated in the contract. BUYER shall have the- privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value or the condition of the property. BUYER should satisfy himself/h'~rself that the price and condition of the property are acceptable. It is agreed that any item included in section 7 is of nominal value less than S 100. D. ADDITIONAL FINANCIAL TERMS: - ^Additional financial terms are specified under the heading "ADDITIONAL TERMS AND CONDITIONS" (Section 51. / /f ^Additional .financial terms are contained in a FINANCING ADDENDUM of same date, attached hereto, signed by both parties. / ~j E. APPROXIMATE FUNDS DUE AT GLOSING: Cash at closing, not including closing costs, to be paid by BUYER at closing, In GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. Any net difference between the approximate .balances of the loans shown above, which are to be assumed or taken subject to, and the actual balances of said loans at closing of escrow shall be adjusted in^cash ^Other: BUYER and SEL ER ack edge receipt of copy of this page, which constitutes Page 1 of 5 Pages. BUYER's Initials 1-1 ~ ~ Date SELLER's Initials ( 11 1 Date This form is printed and distributed by the Idaho Asso ration of REALTORS®, Inc. / Ada County Association of REALTORSm, Inc. This form has been designed for and is provided only for use by real estate professionals li ensed by the Idaho Real Estate Commission who .are also members of the National Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS°, Inc. All rights reserved. .E.21 EFFECTIVE DATE AUGUST 1, 1997 s5 60 61 62 67 PURL=SASE & SALES AGREEMENT RF^ PAGE 2 PROPERTY ADDRES$:~ 5. ADDITIONAL TERMS 64 65 66 r~ CONDITIONS: ,G~'}"L.. err 67 68 69 70 ,/~ J / .-. i ~ :-~..- ~~ ~& - ~ y .r+' ~° ~~ ,!.''tai ,~„~a,>E.. ~ `/ 7 6. OCCUPANCY: BUYER ^ dnes ~ does not intend to occupy property as BUYER'S primary residence. 7. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached°'to the. property are INCLUDED IN THE PURCHASE PRICE (unless excluded below), and shall be transferred free of liens. These include, but are .not limited to, all attached floor coverings, attached television antennae, satellite. dish and receiving equipment, attached plumbing, bathroom and lighting fixtures; window screens, screen doors, storm windows; storm doors, window coverings, garage door opener(sr and transmitterls), exterior trees, plants or shrubbery, water heating apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems.,-built-in and: ''drop-in" range's (but excepting all other ranges), fuel tanks and irrigation fixtures and equipment, aU water systems, wells, springs, water, water•rights,ditches and ditch rights, if any, that are appurtenant thereto that are now on oc used in connection with.the premises andshall be included. in-the sale' unless giherwise provided herein. The following. additional items are specifica/ll~y:/ A. INCLUDED IN THIS SALE: i(f~~C.~~'" B. EXCLUDED IN THIS 8. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except-for rights reserved in federal patents, state or. railroad deeds,. building or .use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by SELLER may be paid out of purchase money at date of closing. No liens, encumbrances or defects, which are. to be discharged or assumed by BUYER or to which title is taken subject to, exist unless otherwise specified in this Agreement. 9, ATTORNEY'S FEES:.If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's .fees, including such costs and fees on appeal. 10. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, BUYER -and SELLER. agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by the holder of the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may await any proceeding, or at Broker's or closing agency's option and sole discretion, may interplead all parties. and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney's fees. 11. COVENANTS, CONDITIONS AND RESTRICTIONS (C.C.& R.'Sl: BUYER is responsible to obtain and review a copy of the C.C.& R.'s (if applicable. BUYER has reviewed C.C.& R.'s. ^Yes ^No f'~''"/A 12. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owner's Association may be required and BUYER agrees to abide by the Articles of Incorporation, By-Laws and rules and regulations of the Association. BUYER is further aware that the Property may be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Restrictions, BUYER has reviewed Homeowner's Association Documents: ^Yes ^No ~/A Association feesldues are S per 13. RISK OF LOSS: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the premises be materially damaged by fire or other destructive cause prior to closing, this Agreement shall be voidable at the option of BUYER. 14, BUSINESS DAY: Monday through Friday; .excluding Saturday and Sunday, and excluding holidays as definQd in Idaho Code, Section 67-5302. BUYER and SELLER a r,~'dyvledge receipt of copy of this page, which constitutes Page 2 of 5 Pages. BUYER's Initials ( ) J„J ) Date SELLER's Initials ( 11 1 Date This form is printed and distributed.. a Idaho sociation of REALTORS®, Inc. / Ada County Association of REALSgRS®, Inc. ,This form has been designed for and is provided only for use by real estate profession s licensed by the Idaho Real. Estate Commission whq are also membErs of the National Association of REALTORS©. USE. BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. R.E.21 EFFECTIVE DATE AUGUST 1, 1997 Izz I PURCF`rASE & SALES AGREEMENT RED°AGE 3 ~''~~ I z~ / Iza PROPERTY ADDRESS:_ (~~• T/;l//,/'./jf~~/r,,~~.,i) fGL/j,~.'t/ ID#: ~r~~-~ v Its 15. LNSPEC ION:. BUYER shall have the right to conduct inspections, Investigations, tests, surveys and other studies at BUYER'S expense. BUYER 126 shall, .within ~ business day(s) of acceptance complete these Inspections and give to SELLER written notice of items disa Iza strop i advised.to exercise these ri hts and to make BUYER's own selection of rofessionals with a PProved of. BUYER is g y g P ppropriate qualifications to conduct Inspections of Iza the entire property. BUYER's acceptance of the condition of the property is a contingency of this Agreement. Iz9 BUYER chooses ^to have inspection; ^not to have inspection. if BUYER chooses not to have inspection skip lines 130 to 143. uo SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: I~1 1. If BUYER does not within the strict time period specified give to SELLER written notice. of items disapproved of, BUYER shall conclusively be deemed laz to have: (a) completed all Inspections, investigations, review of applicable documents and disclosures; Ib) elected to proceed with the transaction and Ill (c1 assumed all liability, responsibility and expense for repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair isa or correct. I}s 2. If BUYER does within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shalf,provide to SELLER pertinent 136 section(s) of written Inspection reports. SELLER shall have business day(s) in which to respond in writing. 1J7 3.If SELLER does not respond within the strict time period specified, BUYER shall have business days? (after receipt of SELLER'S response, 138 or after the expiration of the time for SELLER to respond, whichever occurs first) to cancel this Agreement in writing. 139 4. If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively be deemed to have elected lao to proceed with the transaction without repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct. Ial SELLER shall make the property available for all Inspections. BUYER shall keep the property free and clear of liens; indemnify and hold SELLER harmless laz from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections. No Inspections may be made by any Iaa governmental building or zoning inspector or government employee^without the prior consent of SELLER, unless required by local law. Iaa 16. SELLER'S PROPERTY DISCLOSURE FORM: If required by Title 55, Chapter 25 Idaho Code SELLER shall within ten (10) days after execution Ias of this Agreement provide to BUYER "SELLER's Property Disclosure Form" or other acceptable form. BUYER has received the "SELLER's Property 146 Disclosure Form" or other acceptable form prior to signing this Agreement: ^Yes ^No ~/A 147 17. LEAD PAINT DISCLOSURE: The subject property ^is ~s not defined as."Target Housing" regarding lead-basedpaint or lead-based paint 14a hazards. If yes, BUYER hereby acknowledges the- following: 1 a 1 BUYER has been provided an EPA approved lead-based paint hazard information 149 pamphlet. I b - Receipt of Seller's Disclosure of. Information and Acknowledgment Form and have been provided with. all records, test reports or other Iso information, if any, related to the presence of lead-based paint hazards on said property. (c 1 That this contract is contingent upon my right to have 1st the property tested for lead-based paint hazards to be completed no later than~(%~ ~~~~„/rear the contingency will terminate. (d 1 That Isz BUYER hereby~aives ^does not waive this right. l e - That, if test .results show unacceptable. amounts of lead-based paint on the premises, BUYER is~ has the right to cancel the contract subject to the option of the SELLER Ito be given in writing) to elect to remove the lead-bast;d paint and correct the isa problem which must be accomplished. before closing. (f 1 That , if the contract is canceled under this clause, BUYER'S earnest money deposit will be Iss returned to BUYER. 1s6 18. FINAL VERIFICATION OF CONDITION: BUYER shall have the right to make a final Inspection of the property approximately daylsl is~ prior to close of escrow, not as a contingency of the sale, but solely to confirm that: la- repairs have been completed as agreed in writing by BUYER 1sa and SELLER, (b1 SELLER has complied with SELLfR's other obligations, and Ic) the property is otherwise in substantially the same condition as on the is9 date of acceptance of the offer, unless otherwise agreed in writing. 160 19. TITLE INSURANCE: i6I (A) TITLE COMMITMENT: Prior to closing the transaction, .SELLER or ^BUYER shalt furnish to BUYER a commitment of a title 16z insurance policy showing the condition of the title to said premises. BUYER shall have ,~ business day(s- from receipt of the commitment ~6) or not less than- twenty-four (24) hours prior to closing, within which to object in writing to the condition of the title as set forth in the 164 commitment. If BUYER does not so object, BUYER shall be deeme t have accepted the conditions of the title. It is agreed that if the title 16s of said premisesis not marketable, or cannot bemade so within ~ business ~dayls) after notice containing a written statement of defect 166 is delivered to SELLER, BUYER'S Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title insurance X67 cancellation fee, escrow and legal fees, if any. i6a (B 1 STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance i69 policy in the amount of the purchase price of the premises showing marketable and insurable title subject to the liens, encumbrances and no defects elsewhere set out in this Agreement to be discharged or assumed by BUYER. The risk assumed by the title company in the standard I71 coverage lender's policy is limited to matters of public record. i~z l C 1 EXTENDED COVERAGE LENDfR'S POLICY (Mortgage policyl: The lender will require that BUYER (Borrower- furnish an Extended 17l Coverage Lender's Policy. This extended coverage lender's policy considers matters of public record and additionally insures against certain 1~a matters not shown. in the public record. This extended coverage lender's policy is solely for the benefit of the lender and only protects the us lender. 176 I D) EXTENDED COVERAGE OWNER'S POLICY: A standard title policy does not cover certain potential problems or risks such as liens I77 li.e. a legal claim against premises for payment of some debt or obligation, boundary disputes, claims of easement and other matters of claims Iaa if they are not of public record at time of closing.) However, under Idaho law, such potential claims against the premises may have become X79 legal obligations before the purchase of the home and yet may not be of public record until after the purchase. It is recommended that BUYER Iao talk to a title company about what it offers in the way of extended coverage title policies and endorsements. This extended coverage owner's 1s1 policy is for the benefit of the owner and provides similar coverage like provided by the extended coverage lender's policy. iaz Extended Coverage Owner's Policy re uested ^Yes o. Additional premium paid by: ^BUYER ^SELLER . Ias I E - The parties agree that ~s~ir~ ~~~ ~ i f,r/y' Title Company shall provide title policy and preliminary report iaa of commitment. ies BUYER and SELLER a owledge receipt of copy of this page, which constitutes Page 3 of 5 Pages. 186 BUYER'S Initials (~) 1 Date SELLER'S Initials ( I( 1 Date Ise This form is printed and distributed by the Ada Co y Association of REALTORS®, Inc. /Idaho Association of REALTORS®, Inc: This form has been designed for and Iaa is provided only for use by real estate professionals icensed by the Idaho Real Estate Commission who. are also members of the National Association of REALTORS®. 189 USE BY ANY OTHER PERSON IS PROHIBITED. 19o Copyright Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS°, Inc. All rights reserved. 191 R.E.21 EFFECTIVE DATE AUGUST 1, 1997 PURG-iASE &r SRLES AGREE/MENT RF^ PAGE 5 / PROPERTY ApDRESS:,__ /~/~r ~~,~.Ir</~~,,/^,C~+( 30. REPRESENTATION. CONFIRMATION: zs9 29. SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject. to'the fiollowing special considerations and/or z6o contingencies which must"be satisfied: prior to closing:, 261 ... 263 z64 265 z66 267 268 a69 z7o z71 zrz 273 z74 ns 276 27'1 zis 279 zoo zs1 282 zs3 284 In this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER-{'agent.' or 'nonaaent' or 'limited dual aaent'1: Listing broker acted as Selling. broker acted as =:. ~cv In this transaction, the brokerage{sl involved has the following relationship{s) with the- SELLER ('agent' or 'nanagent' or 'limited dual agent'1: Listing. broker acted as a(n- ~ ~" for the SELLER. Selling broker acted as a(n) ~ for the SELLER. Each party signing this document canfirms•tfiat a or5he has rECeived,vead and. understood the Agency .Disclosure Brochure.and .has: elected the relationship confirmed above. In addiYiors; each party.confirms thiat the broker's,agency office policy was made available for inspection and review. EACH PARTY UNDERSTAND'S THAT HE OR SHE 1S A 'CUSTOMER' AND-IS NOT. REPRESENTED BY` A BROK°ER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 31. ACCEPTANCE: BIJYER's offer is made subject to'the acceptance of SELLER on or before (Date1 and LTime) If SELLER does not accept this Agreement within the-time specified, the entire Earnest Money shall be refunded to BUYER-on demand. zss 132. BUYER'S SIGNATURES: 1/VN(e further acknowledge receipt of a true copy of this Agreement. tae ^SEE-ATTACHED BUYER'S AQDENDUMISI: _ (Specify number of BUYER addendum(s- attached.) ,a7 ~~~ f zas BUYER Signature; _,~.:~...~„~.,,~,~.~ ~r ~..,r.- BUYERSignature a-~ za9 z9o BUYER (Print Name1~ 1./ C~,,:~,. r-,C ~~'"' ~~,~. BUYER (Print Name) z9r Date ~~, ,fj~TgTime Phone #~t~.r ;3"~/ Date Time Phone # 292 4 293 Address Address 294 z9s City State Zip City State - Zip 296 z9~ 33: SElLER'S SIGNATURES: z9s On this date; I1We hereby approve and accept fhe transaction set forth in therabove Agreement and agree to :carry out all the terms thereof on the part z99 of the SELLER. I/We further acknowledge reciept'of a true copy-of this Agreement signed by both parties. ioo ^SIGNATUREfS) SUBJECT. TO COUNTER OFFER SEE ATTACHED SELLER ADDENDUM 301 OSEE ATTACkfED SELLE~RS_R,IGHT~ CNUE TARKET PREMISES ° ^SEE ATTACHED COUNTER OFFERISI 3oz Y l/!!!1//T ~f_~l ffIIF _ 303 3oa 305 306 307 l08 309 310 3r1 31z 3U 3I4 31i 316 717 318 319 3zo 321 3zz 3z3 SELLER SELLER (Print Name) ~ ~~+"-'i - `' Date ~ Time Phone >X Address City State Zip SELLER Signature SELLER (Print Name) Date Time ID#: ~~ / far the BUYER. for the BUYER. Phone # Address City State_ _ Zip 34. BUYER'S ACKNOWLEDGMENT OF REC>=1PT OF fINAI COPY BEARING ALL SIGNATURES: A true copy of the foregoing Agreement,. signed by the SELLER and containing the full and complete description of the premises, is hereby received on this day of 19 BUYER: BUYER:. . BUYER and SELLER agkitowledge receipt of copy of this. page, which constitutes Page, 5 of_5 Pages. This form is .printed and distributed byahe Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORSp°, Inc. This form has. been designed for and is provided only for use by real:estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. 'USE- BY ANY OTHER PERSON IS PROHIBITED. Copyright Idgho Association of REALTORS°, Inc. / Ada County Association of REALTORS®, Inc. AIF rrghts reserved. R.E.21 EFFECTIVE DATE AUGUST 1, 1.997 192 193 194 195 196 197 I98 199 200 201 202 203 204 205 206 207 208 209 210 211 zlz zl3 zf a als 216 zl?_ zla 219 220 221 zn zz3 224 zzs 226 zx7 228 229 230 231 232 233 234 23s 236 z77 z3s 239 240 zal 242 243 244 243 246 247 246 249 sso 251 2sz zs3 254 PURCHASE i~t SALES AGREEMENT RE WAGE 4 ^y~ ''' PROPERTY ADDRESS: .,f/". ,~.. /Y ~,~,~.~t ,~•„-,t~'.'~ f~sf ~" /^~ /`~"~/,':i'~l~„~ ID#: :.~'~ f 2D. COSTS PAIDBY: Costs in addition to those. Ysted below:rrlay be incurred by BUYER and SELLER unless otherwise agreed herein, or provided by law or regtired=by lender, or otherwise stated herein. The- below costs will be paid as indicated. Some costs are subject to loan program requirements. SELLER agrees to pay a maximum of S lender/appraiser required repair costs. BUYER SELLER Shared Equally Not Applicable BUYER SELLER Shared Equally No[ Applicable Appraisal Fee Title Ins. Standard Coverage Owner's Policy Closing Escrow Fee ~ Title Ins. Extended Coverege Lender's - Policy Attorney Contract/Document Preparation Fee/Cost Title Ins. Extended Coverage Owner's Policy Loan Document Preparation Septic Inspection Flood Certification Fee Septic Pumping Flood Tracking Fee Survey Loan Assumption Fee Well Inspection Tax Service Fee_ Appraisal Re-Inspection Fee 21. COUNTERPARTS: This Agreement may be executed in one or more counterparts; Each of which is-deemed to be an original hereof, and all of which shall together Constitute one and the same instrument. 22. ENTIRE AGREEMENT.: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and .supersedes all prior Agreements between the parties respecting such matters. No warranties, including, without limitation, any warranty of habitability, agreements or representations not expressly set forth herein shall be binding upon either party. 23. FACSIMILE,TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission shall be the same as delivery of an original. Ai the request of either party or the Closing Agency, the parties will confirm facsimile transmitted signatures by signing an original document. 24. ¢EFAIfLT: If BUYER defaults in the performance of this Agreement, SELLER has the option of: 111 accepting the Earnest Money as liquidated damages or (2) pursuing any. other lawful right or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1-, SELLER shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the. costs incurred by SELLER's Broker on tiehalf of SELLER and BUYER. related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, inspection fees and attorney's fees; and said .holder shall pay any balance of the Earnest Money, one-half to SELLEA-and one-half to SELLER's Broker, provided that the amount to be paid to SELLER'S Broker shall not exceed the Broker's agreed-to commission. SELLER and BUYER specifically acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages,. such shall be SELLER's sole and exclusive remedy, and such shall. not'be considered a penalty or forfeiture. If SELLER elects to proceed under (21, the holder of the- Earnest Money shall be entitled to pay the costsincurred by SELLER'S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title, ~tsurance, escrow fees, credit report fees, inspection tees and attorney's fees, with any balance of-the Earnest Money to be held pending resolution ©f the matter. If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, BUYER'S Earnest Money deposit shall• be returned to him/herand-SELLER shall pay for the costs of title insurance, escrow fees, credit report tees, inspection fees, brokerage fees and attorney's fees, if any. This shall not be ¢onsidered as a waiver by Bl1YER of any other lawful right or remedy to which BUYER may be entitled. 25. SALES PRICE INi~ORMATION: The parties to this Agreemery>;_ acknowledge that sales price information compiled as a result of this Agreement maybe provided to the County. Assessor's Office by either partx~fx3y either party's Broker. 26. TIME IS OF THE ESSENCE IN THIS AGREEMENT' ,. 27. CLOSING: On or before the closing date, BUYE~t`and SELLER shall deposit with the closing agency all funds and instruments necessary to complete this transaction. The closing-date shall be no latea~~than ./~r,~i~/, ~i~ The parties agree that the "tilosing agency" forrfliis transa~tixd~i shall be If a long-term escrow / coHe~ction is involved, Then the long-term escrow holder shall be 28. POSSESSION: BUYER shall be entitled to possession ~pon closing or Odate time "Closing" means the date on which all documents are either recDrded or accepted by an escrow agent and the sale proceeds are available to SELLER. Property taxes and water assessments (using the last available assessment as a basis-, rents, interest and reserves, liens, encumbrances or obligations assume an tttllities shall be pro-rated as of ~ UYER shall pay for fuel in tank, amount to be determined by the supplier at 9ELLER's expense. BR7YER an SEL R acyC' o ledge receipt of copy of this page, which constitutes Page 4 of 5 Pages. BUYER'S Initials (-( 1 Date SELLER'S Initials ( -f 1 Date This form is printed and distributed by t e Idaho A elation of REALTORS®, Inc.. / Ada County Association of REALTORS®, lne. This form has. been designed for and is provided only for use by real estate professional licensed by the Idaho Reat Estate Commission who are also members of the National Association of REALTORS°. USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association o 'REALTORS°, Inc. / Ada County. Association of REALTORS°, -Inc. All rights reserved. ~i.E.21 EFFECTIVE DATE AUGUST 1, 1997 From Investors Realty, Ine.p 3anuaty l 1, 2000 PHONE No. 208 3775144 ~. Jan. 10 2000 2:27PM P01 To: City of Maridaan Planning and zoninu Subject: Re~nne of Barrett Street Prpl~erty This letter is to in~or~r, the Meridian Planning, and1.c~ning Dopartinent. that I have entc:rc:cl ii~ta an agrccincnt (Real Cstate I'urchA:~c And Sale Agroomcnt. #58227) Willi C'W C'anstructian, lnc. fir the sale of c+:rlain property c:>n W. IIa.rrett. Street iu the C`.it.y o{' Meridian, Parce! #30(38 c,('NW4NV1~4 Sec I3 3N 1 W. CW Construction, Inc. has my pc~ «iissic,n i.u pu s e the requ~ 'ed rezanc to place ern c~'fiice building on the site. William y. l3uck.ne (Notary acknowledgment -Individual) State of ~~, ) )ss. County of ~~LZ ) On this ~ ~ ~` day of J~r1 ~;..~~~ ~, , ~cr.>~, ,before me, the undersigned, a Notary Public in and for said State, persona~ll ay ppeared 1,~` ~ l ( ~,rt T ~ cu.l~-v~ e_ r known or identified to me to be the person =whose name l~S subscribed to the within instrument, and acknowledged to me that ~ ~ executed the same. Residing at: ~c ~ s ~~ ; ~.h Commission Ezpires: ~ ~ _ j z , ~~,p;..}. *~ ~~~ *~ ~: pUBLtG . 9 q, ~. ?' '•.,,~F~OF~~~~~.• rn '!~L i0y= <o~ Z~ ~~ ''1 ~~ (~ \~ W CIA/ CO - CTIVE ,~ so NsHRp P ON INC. ACSC S E T S MERIDIAN, ID 83642 Pay to the Order of~ ^~ ~ ~/vy t /y~~ ~ MOR GAN STANLEY DEAAr WI BANK ONE, COLUMBUS. NA COLUMBUS, OHIO G3211 m ~, W ~ W ~ o ~ ? m ~ d (D Al O' ~ C W O ~ ~ ~ O ~ N ~ 0 `G Z 405 Date c~ ~; 25-ao/4qo Dollars -CIJQItS'(? 9ealyzer For ~:0 4 4000B0 4•:48 40000 2 5 30 6 9u^ ~ ~--~- ~--~ 0405 REAL ELATE PURCHASE AND SALE AGF~'MENT AND RECEIPT FOR EARNEST MONEY ~ THIS IS A LEGALLY BINDING CONTRACT: BEFORE SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING THE - REALTOR® GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS BEFORE SIGNING, EOUAL MOUSING CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT OPPORTUNITY 3~ z 1. REAL ESTATE OF~I.CES: ,~' ' ------~.- fF 3 Listing Agency ~ ~-'fi"F~ mi'''l ' ry ..-,--`,.~"~ Selling Agency ~;.. a MLS Office# ` MLS Office# b Listing Agent Name 1 a~~~"5 ,' ~.`''~,~,,,,a ~p~'`- Selling Agent Name ~,~~~P`~' ~"" ~ MLS Agent # `~ ~ MLS Agent # s Phone #loffice) 'r, ~>'' '~"''~~ r` (home) Phone #loffice) (home) 9 /~ to 2. BUYER AND LEGAL DESCRIPTION: ~~~ ~ ~~'`"~ `~ ~.1`"~"' ~,f ~'- - it 1Hereafter called "BUYER' 1 agrees to purchasg~, and the undersjgned~~ELLER agrees to sell the following described real es to hereinafter referred to as ~z "premises" commonly known as '~-~`• ~ff1-~~ ~~~"`~~~s "°'"~~'` `f City '~'f°1`'~~' ^~~•-County -~'~ ~'` Idaho,- Zip_~;~ - t ~ .. .~ ~ 13 legally described as: - .~ - la ~s 3. TOTAL PURCHASE PRICE: / ~ i ~ ~ , r` ;~=•' '' ~~`~'~ ~ '~~~ ~''~ ~~°DOLLARS, ie $ • ~~ ~ e t';h.%~`.y payable upon the following TER SAND CONDITIONS (Not including closing costs 1 iz 4. FINANCIAL TERMS: (Note: A+C+D+E should add up to (or be equal to) total purchase prime, e~eept for 1 0% financing ) is $ A. EARNEST MONEYI~BUYER hereby deposits ~~~''% °`.r-=t. a.-•~`r.=~-~ '~~s`/~' DOLLARS as Earnest Money re evidenced by: ^cashpersonal check ^cashier's check ^ note due ^other zo and a receipt is hereby acknowledged. Earnest Money to be deposited in trust account upon acceptance by all parties and shall zi be held by: ~ Broker ^Selling Broker ^other for the benefit of the parties zz hereto, and ~'~`1~i c. f~ ~ ~-' ~~;~` j~---°~- (Brol~,er) shalLhold the completely executed Broker's copy of z3 this Agreement. The resporns~~ible Broker shall be - ~ ^ r ~`s`~{- / ~"°`~~ ~ za ,/ B. ALL CASH OFFER: 4Ct~ES ^NO If this is an all cash offer do not complete lines 25 through 47, fill blanks with N.A. zs $ ~~'~~rl. C. NEW LOAN PROCEEDS: This Agreement contingent upon BUYER obtaining: ^FHA ^ VA ^CONVEN ^IHFA z6 ^RD ^OTHER FIRST LOAN of 5 not including mortgage insurance, z~ with interest not to exceed % for a period of year(s) at: ^fixed rate ^other zs BUYER shall pay no more than point(s) plus origination fee if any. SELLER shall pay no more than point(s). Any z9 reduction in points shall first accrue to the benefit of the ^BUYER ^SELLER ^Divided Equally. BUYER shall apply for such 30 loan within business day(s) of SELLER's acceptance. Within business days of final acceptance of all parties. 31 BUYER agrees to furnish SELLER with a written loan commitment showing lender approval of credit report, income verification, 3z debt ratios and subject only to satisfactory appraisal and final lender underwriting. If such written commitment is not received 33 by SELLERS within the strict time allotted, SELLERS may at their option cancel this agreement by notifying BUYERS in writing 3a of such cancellation. If an appraisal is required by lender, the property must appraise at not less than purchase price or 3s BUYER's Earnest Money may be returned at BUYER's request. 36 FHA / VA. If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be 37 obligated to complete the purchase of the property described herein or to incur any penalty or forfeiture of Earnest Money 3a deposits or otherwise unless BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by 39 the Federal Housing Commissioner, Veterans Administration or a Direct Endorsement lender setting forth the appraised value ao of the property of not less than the sales price as stated in the contract. BUYER shall have the privilege and option of a~ proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised az valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. as HUD does not warrant the value or the condition of the property. BUYER should satisfy himself/herself that the price and as condition of the property are acceptable. It is agreed that any item included in section 7 is of nominal value less than 5100. as $ ~ `' • ,~ . D. ADDITIONAL FINANCIAL TERMS: ae ^Additional financial terms are specified under the heading "ADDITIONAL TERMS AND CONDITIONS" (Section 51 a~ ° fop ^Additional financial terms are contained in a FINANCING ADDENDUM of same date, attached hereto, signed by both parties. as $ 1 ` '' E. APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid by BUYER at closing, a9 In GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. Any net difference so between the approximate balances of the loans shown above, which are to be assumed or taken subject to, and the actual s~ balances of said loans at closing of escrow shall be adjusted in^cash ^Other: sz BUYER and SELLER ackngvv~edge receipt of copy of this page, which constitutes Page 1 of 5 Pages. s3 BUYER'S Initials ( ~~ 11 :11:x' Date SELLER'S Initials ( Il 1 Date sa This form is printed and distributed by th+e Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS°, Inc. This form has been designed for and ss is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. se USE BY ANY OTHER PERSON IS PROHIBITED. s~ Copyright Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. 58 R.E.21 EFFECTIVE DATE AUGUST 1, 1997 s9 ~PUACI~ASE & SALES AGREEMENT AGE 2 60 6I PROPERTY ADDRESS: r~'~ r .~/'~~° ~~ ~`~ 6z 63 5. ADDITIONAL TERMS AND/OR CONDITIONS: . ' ~' 70 ~s ~/ ~ i -~~ ~ .~.,. - J ~'"~ C"i~'';~ /r '~/ Cdr _~ i~ ,T €`v ~`.~ ~--,~` ~ ~w.~-- ~ i ~ ~} ~,-~ cam-°d - °- r _._fltiy a~`l "~ ~' 1'~,!'~X t ~ 4. ~ ~ ~e'i'y It ~ ' . fr t~s '{7 /° J ~ s' 3 J' f, 71 6. OCCUPANCY: BUYER ^ does ,~ does not intend to occupy property as BUYER'S primary residence. 7z 7. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the property are INCLUDED IN THE 73 PURCHASE PRICE (unless excluded below), and shall be transferred free of liens. These include, but are not limited to, all attacYl~~.l floor coverings, 7a attached television antennae, satellite dish and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, 7s storm windows, storm doors, window coverings, garage door opener(s) and transmitterlsl, exterior trees, plants or shrubbery, water heating apparatus 76 and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges (but excepting all other 77 ranges), fuel tanks and irrigation fixtures and equipment, all water systems, wells, springs, water, water rights ditches and ditch rights, if any, that are 7s .appurtenant thereto that are now on or used in connection with.the premises and shal6 be included. in the sale unless otherwise provided herein. The 79 following additional items are specifically: so f ., , sI A. INCLUDED IN THIS SALE: ~~~~°',~~'~~.-- sz 83 84 f ss B. EXCLUDED IN THIS SALE: Oc~~rf ~-''~ 86 87 88 s9 8. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable 9o except for rights reserved in federal patents, state or railroad deeds, building. or use restrictions, building and zoning regulations and ordinances of any 9I governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by SELLER may be paid 9z out of purchase money at date of closing. No liens, encumbrances or defects, which are to be discharged or assumed by BUYER or to which title is taken 93 subject to, exist unless otherwise specified in this Agreement. 9a 9. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with this 9s Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees, including such costs and 96 fees on appeal. 97 9s 10. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, BUYER and SELLER agree that in the event s9 of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received loo by the holder of the Earnest Money and things of value, Broker or closing agency shat! not be required to take any action but may await any proceeding, 10l or at Broker's or closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of loz competent jurisdiction and shall recover court casts and reasonable attorney's fees. 103 11. COVENANTS, CONDITIONS AND RESTRICTIONS (C.C.& R.'S): BUYER is responsible to obtain and review a copy of the C.C.& R.'s lif loa applicable). BUYER has reviewed C.C.& R.'s. ^Yes ^No ~N/A los 12. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owner's Association may be required and BUYER Io6 agrees to abide by the Articles of Incorporation, By-Laws and rules and regulations of the Association. BUYER is further aware that the Property may 107 be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Restrictions, BUYER has reviewed los Homeowner's Association Documents: ^Yes ^No ~1/A Association fees/dues are S per 109 13. RISK OF LOSS: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the premises be materially damaged by 11o fire or other destructive cause prior to closing, this Agreement shall be voidable at the option of BUYER. u1 IIZ 14. BUSINESS DAY: Monday through Friday, excluding Saturday and Sunday,. and excluding holidays as defined in Idaho Code, Section 67-5302. 113 I1a BUYER and SELLER aGjCrao'~Nledge receipt of copy of this page, which constitutes Page 2 of 5 Pages. us BUYER's Initials ( )L,. '/-' ,~ __ .~) Date SELLER's Initials ( -( ) Date I l6 This form is printed and distributed bho ~sociation of REALTORS°, Inc. / Ada County Association of REALTORS°, Inc. This form has been designed for and 117 is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. na USE BY ANY OTHER PERSON IS PROHIBITED. 119 Copyright Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS°, Inc. All rights reserved. Izo 121 R.E.21 EFFECTIVE DATE AUGUST 1, 1997 _ ___ _ --,4,,,~--. Izz `f'Uf~MASE & SALES AGREEMENT R - AGE 3 I23 ~ ~„ t T%(%~ ~ 1. - -°t°' ~~~. / Iza PROPERTY ADDRESS: , f !> //•s !r' n -Y' G ~ ID#: Izs 15. INSPECTION: BUYER shall have the right to conduct inspections, investigations, tests, surveys and other studies at BUYER'S expense. BUYER Ize shall, within % ~:." business day(s) of acceptance complete these Inspections and give to SELLER written notice of items disapproved of. BUYER is Iza strongly advised to exercise these rights and to make BUYER'S own selection of professionals with appropriate qualifications to conduct Inspections of Iza the entire property. BUYER's acceptance of the condition of the property is a contingency of this Agreement. Iz9 BUYER chooses ^to have inspection; ^not to have inspection. If BUYER chooses not to have inspection skip lines 130 to 143. I3o SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: I3I 1. If BUYER daes not within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall conclusively be deemed Iaz to have: (a) completed all Inspections, investigations, review of applicable documents and disclosures; (b) elected to proceed with the transaction and I33 (c) assumed all liability, responsibility and expense for repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair I3a or correct. I3s 2. If BUYER does within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall provide to SELLER pertinent I36 section(s) of written Inspection reports. SELLER shall have business daylsl in which to respond in writing. I37 3.If SELLER does not respond within the strict time period specified, BUYER shall have business day(s) (after receipt of SELLER'S response, I3s or after the expiration of the time for SELLER to respond, whichever occurs first) to cancel this Agreement in writing. 139 4. If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively be deemed to have elected Iao to proceed with the transaction without repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct. IaI SELLER shall make the property available-for all Inspections. BUYER shall keep the property free and clear of liens; indemnify and hold SELLER harmless Iaz from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections. No Inspections may be made by any Ia3 governmental building or zoning inspector or government employee--without the prior consent of SELLER, unless required by local law. Iaa 16. SELLER'S PROPERTY DISCLOSURE FORM: If required by Title 55, Chapter 25 Idaho Cade SELLER shall within ten 1101 days after execution Ias of this Agreement provide to BUYER "SELLER'S Property Disclosure Form" or other acceptable form. BUYER has received the "SELLER'S Property lab Disclosure Form" or other acceptable form prior to signing this Agreement: ^Yes ^No ~/A Iaz 17. LEAD PAINT DISCLOSURE: The subject property ^is 2~ is not defined as "Target Housing" regarding lead-based paint or lead-based paint Ias hazards. If yes, BUYER hereby acknowledges the following: (a 1 BUYER has been provided an EPA approved lead-based paint hazard information Ia9 pamphlet. I b) Receipt of Seller's Disclosure of Information and Acknowledgment Form and have been provided with all records, test reports or other Ieo information, if any, related to the presence of lead-based paint hazards on said property. I c) That this contract is contingent upon my right to have IsI the property tested for lead-based paint hazards to be completed no later than,,tr~{ ~~e% ~,,~ ~~.r. or the contingency will terminate. (d) That Isz BUYER hereby~uvaives ^does not waive this right. (e 1 That, if test results-show unacceptable amounts of lead-based paint on the premises, BUYER Is3 has the right to cancel the contract subject to the option of the SELLER Ito be given in writing) to elect to remove the lead-based paint and correct the Isa problem which must be accomplished before closing. (f) That , if the contract is canceled under this clause, BUYER'S earnest money deposit will be Iss returned to BUYER. Isb 18. FINAL VERIFICATION OF CONDITION: BUYER shall have the right to make a final Inspection of the property approximately day(s) Iss prior to close of escrow, not as a contingency of the sale, but solely to confirm that: (a) repairs have been completed as agreed in writing by BUYER I58 and SELLER, (b) SELLER has complied with SELLER'S other obligations, and (c) the property is otherwise in substantially the same condition as on the Is9 date of acceptance of the offer, unless otherwise agreed in writing. Ibo 19. TITLE INSURANCE: I6I (A) TITLE COMMITMENT: Prior to closing the transaction, .SELLER or ^BUYER shall furnish to BUYER a commitment of a title Iez insurance policy showing the condition of the title to said premises. BUYER shall have ~ business day(s) from receipt of the commitment 163 or not less than twenty-four (24) hours prior to closing, within which to object in writing to the condition of the title as set forth in the Iba commitment. If BUYER does not so object, BUYER shall be deeme tg have accepted the conditions of the title. It is agreed that if the title 16s of said premises is not marketable, or cannot be made so within ~ business daylsl after notice containing a written statement of defect Ibb is delivered to SELLER, BUYER's Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title insurance Ib~ cancellation fee, escrow and legal fees, if any. Ibs (B) STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance I69 policy in the amount of the purchase price of the premises showing marketable and insurable title subject to the liens, encumbrances and Igo defects elsewhere set out in this Agreement to be discharged or assumed by BUYER. The risk assumed by the title company in the standard ICI coverage lender's policy is limited to matters of public record. Isz (C) EXTENDED COVERAGE LENDER'S POLICY (Mortgage policy: The lender will require that BUYER- (Borrower) furnish an Extended I~3 Coverage Lender's Policy. This extended coverage lender's policy considers matters of public record and additionally insures against certain Isa matters not shown in the public record. This extended coverage lender's policy is solely for the benefit of the lender and only protects the ns lender. I"/b (D 1 EXTENDED COVERAGE OWNER'S POLICY: A standard title policy does not cover certain potential problems or risks such as liens I77 (i.e. a legal claim against premises for payment of some debt or obligation, boundary disputes, claims of easement and other matters of claims lea if they are not of public record at time of closing.) However, under Idaho law, such potential claims against the premises may have become I79 legal obligations before the purchase of the home and yet may not be of public record until after the purchase. It is recommended that BUYER Ieo talk to a title company about what it offers in the way of extended coverage title policies and endorsements. This extended coverage owner's IsI policy is for the benefit of the owner and provides similar coverage like provided by the extended coverage lender's policy. Isz Extended Coverage Owner's Policy re uested ^Yes ~Vo. Additional premium paid by: ^BUYER ^SELLER . Is3 I E - The parties agree that f -"-~' ~,o,~~fy~ "~ ~~a"E-- Title Company shall provide title policy and preliminary report Isa of commitment. Ias BUYER and SELLER aeRnowledge receipt of copy of this page, which constitutes Page 3 of 5 Pages. isb BUYER'S Initials (;-1-s.~ -(' `I'~~ ) Date SELLER'S Initials 1 Il ) Date is~ This form is printed and distributed by the Ada Co y Association of REALTORS°, Inc. /Idaho Association of REALTORS°, Inc. This form has been designed for and Iss is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. Ia9 I USE BY ANY OTHER PERSON IS PROHIBITED. No Copyright Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS, Inc. All rights reserved. I9I R.E.21 EFFECTIVE DATE AUGUST 1, 1997 .... .. zss °PURCF#~4SE & SALES AGREEMENT RlpAGE 5 256 - g / .~ f ',. ~-/'' / /' y _ f zsz PROPERTY ADDRESS:_ .• :'~ ``." /'..,~,,~'i/.',~~~ft'sf ( ~`,~ ~~.,~ ID#: ..~' ,r? 258 zs9 29. SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject to the following special considerations and/or z6o contingencies which must be satisfied prior to closing: 261 262 263 z6a 30. REPRESENTATION CONFIRMATION: 265 z66 In this transaction, the brokerage(s) involved had the following relationshipls) with the BUYER ('agent' or'nonagent' or 'limited dual agent'1: 267 z6s Listing broker acted as aln)~~ j/,ri°/~1 ,~`~"!~.' z69 ~ for the BUYER. J _. z7o Selling broker acted as a(n) ~;~~~~ ~,i'x~,~- :' for the BUYER. 271 z7z In this transaction, the brokerage(s) involved has the following relationship{s) with the SELLER ('agent' or 'nonagent' or 'limited dual agent'1: 273 ' z7a Listing broker acted as aln) ~ `~-r°` for the SELLER. z7s 276 Selling broker acted as a(n) ~~ - for the SELLER. z77 27a Each party signing this document confirms-that a or she has received, read and understood the Agency Disclosure Brochure and has elected the z79 relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review. EACH zao PARTY UNDERSTANDS THAT HE OR SHE IS A 'CUSTOMER' AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN 2s1 AGREEMENT FOR AGENCY REPRESENTATION. zsz 31 . ACCEPTANCE: BUYER's offer is made subject to the acceptance of SELLER on or before (Date) and (Time) zs3 If SELLER does not accept this Agreement within the-time specified, the entire Earnest Money shall be refunded to BUYER on demand. zsa zss 32. BUYER'S SIGNATURES: IlWe further acknowledge receipt of a true copy of this Agreement. Zee ^SEE ATTACHED BUYER'S ADDENDUM(S1: (Specify number of BUYER addendumis) attached.) zsz zss BUYER Signature r ~,~~~~ ~'~.~-~.~~~Ea.~ ~, BUYERSignature 289 ! z9o BUYER (Print Name) / ;---,,., ,~ ,~~ ~ BUYER (Print Name) 29: Date ~,r+ ~;-•,• ~~~~Time Phone #,~,~-.a,f; ~""j Date Time Phone # z9z z93 Address Address 294 295 Clty State Zip City State Zip 296 297 33. SELLER'S SIGNATURES: 29s On this date, I/We hereby approve and accept the transaction set forth in the above Agreement and agree to_carry out all the terms thereof on the part z99 of the SELLER. I/We further acknowledge reciept of a true copy of this Agreement signed by both parties. 300 ^SIGNATURE(S) SUBJECT TO COUNTER OFFER ^SEE ATTACHED SELLER ADDENDUM n sol ^SEE ATTACHED SELLERS RIGH7,I~T~ C01~"TINUE T~ FJNARKET PREMISES ^SEE ATTACHED- COUNTER OFFERIS) 302 - ,, I F~.~ i,i i i ~ /r 303 SELLER SignaturQ~ i~ („_ ~,( ~s ~'°"~`` SELLER Signature 304 3os SELLER (Print Name) ~~)~ ~~1~~~ ~~ l~d.1.~.;~~`~' ;~ SELLER (Print Name) 306 Date ;; ?;a ,;, 4 Time ?~ e # Date Time Phone # 307 ~ ~" ~ ~- 3os Address ~ Address 309 31o City State Zip City State Zip 311 312 34. BUYER'S ACKNOWLEDGMENT OF RECEIPT OF FINAL COPY BEARING ALL SIGNATURES: 313 A true copy of the foregoing Agreement, signed by the SELLER and containing the full and complete description of the premises, is hereby received on 31a this day of 1 g 315 316 BUYER: BUYER: 317 I 31s BUYER and SELLER acknowledge receipt of copy of this page, which constitutes Page 5 of 5 Pages. 3i9 This form is printed and distributed by the Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS°, Inc. This form has been designed for and 32o is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. 3z1 USE BY ANY OTHER PERSON IS PROHIBITED. 3zz Copyright Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS°, Inc. All rights reserved. 3z3 R.E.21 EFFECTIVE DATE AUGUST 1, 1997 19z=' PI~RCI~ASE & SALES AGREEMENT F~`~`,PAGE 4 193 ?_ ,~. - ,~, t9a PROPERTY ADDRESS: ~'~ ~ • ~^`~ .~ J '` ~~ --t.~y~ f 195 ~fO"r f .~a,{ j`~ j r~?`~„ff„f' ~ ,~'`.a'j,~~ ID# 196 20. COSTS PAID BY: Costs in addition to those listed below:-may be incurred by BUYER and SELLER unless otherwise agreed herein, or provided by 197 law or required by lender, or otherwise stated herein. The below costs will be paid as indicated. Some costs are subject to loan program requirements. t9a SELLER agrees to pay a maximum of $ lender/a 199 ppraiser required repair costs. 200 BUYER SELLER Shared Not BUYER SELLER Shared Not Equally Applicable Equally Applicable 201 Appraisal Fee Title Ins. Standard Coverage Owner's Policy 202 Closing Escrow Fee 4 Title Ins. Extended Coverage Lender's ,~ ~s Policy 203 Attorney Contract/Document 204 Preparation Fee/Cost Title Ins. Extended Coverage Owner's Policy t s' 205 Loan Document Preparation q ' - Septic Inspection 206 Flood Certification Fee Septic Pumping i , T,_ 207 Flood Tracking Fee Survey 208 Loan Assumption Fee Well Inspection ~, tf 209 Tax Service Fee Appraisal Re-Inspection Fee 210 211 zlz 21. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which is deemed to be an original hereof, and all of z13 which shall together constitute one and the same instrument. z1a 22. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes all zls prior Agreements between the parties respecting such matters. No warranties, including, without limitation, any warranty of habitability, agreements 216 or representations not expressly set forth herein shall be binding upon either party. z17 23. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission zla shall be the same as delivery of an original. At the request of either party or the Closing Agency, the parties will confirm facsimile transmitted signatures z19 by signing an original document. z2o zz1 24. .pEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated zzz damages or (2) pursuing any other lawful right or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1 ), SELLER shall make zz3 demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER's Broker zza on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, 225 inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER'S Broker, 2z6 provided that the amount to be paid to SELLER'S Broker shall not exceed the Broker's agreed-to commission. SELLER and BUYER specifically zzz acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER'S sole and exclusive remedy, zza and such shall not be considered a penalty or forfeiture. If SELLER elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay zz9 the costs incurred by SELLER'S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage z3o fee, title insurance, escrow fees, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending z31 resolution of the matter. zaz If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, BUYER'S Earnest Money deposit shall be returned 233 to him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorney's fees, zaa if any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled. 23s 25. SALES PRICE INY~ORIVIATION: The parties to this Agreement acknowledge that sales price information compiled as a result of this Agreement z36 may be provided to the County Assessor's Office by either partt~_ Qr by either party's Broker. z37 26. TIME IS OF THE ESSENCE IN THIS AGREEMENT.. " 238 z39 27. CLOSING: On or before the closing date, BUYER and SELLER shall deposit with the closing agency all funds and instruments necessary to complete zao this transaction. The closing date shall be no later than "°` ``~ -" za1 The parties agree that the "closing agency" for this transactld`n shall be ~~.~ ~ ~ zaz If a long-term escrow /collection is involved, then the long-term escrow holder shall be zaa 28. POSSESSION: BUYER shall be entitled to possession ~ipon closing or ^date zaa on which all documents are either recorded or accepted by an escrow agent and the sale proceeds are availab e to SELLER. PCoperty taxesnand water gas assessments (using the last available assessment as a basis), rents, interest and reserves, liens, encumbrances or obligations assume~`an~~utilities shall za6 be pro-rated as of ,, ,~ . , ; ~, d r ~ ,~'~__$UYER shall pay for fuel in tank, amount to be determined by the supplier at SELLER's expense. zaz zaa 3' B~YER and SELL:~R ackno led a recei t of co ~( g p py of this page, which constitutes Page 4 of 5 Pages. za9 BUYER'S Initials I r~ 11 ' ~ - Date SELLER'S Initials ( )1 ) ,„ _r Date 25o This form is printed and distributed by the Idaho Association of REALTORS°, Inc. / Ada County Association of REALTORS°, Inc. This form has been designed for and 251 is provided only for use by real estate professionalsf"licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS°. zsz USE BY ANY OTHER PERSON IS PROHIBITED. 2s3 Copyright Idaho Association of'REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. zsa R.E.21 EFFECTIVE DATE AUGUST 1, 1997 ;~ BEFORE THE MERIDIAN CITY COUNCIL FILE COPY IN THE MATTER OF THE APPLICATION OF ) C.W. CONSTRUCTION/WILLIAM Sz JODY ) BUCIQVER, FOR A CONDITIONAL USE ) PERMIT FOR 1,800 SQ. FT. HOME/OFFICE TO) BE USED AS OFFICE SPACE IN A C-N ZONE, ) LOCATED AT THE NORTHWEST CORNER OF) BARRETT AND CRESTWOOD DRIVE, ) MERIDIAN, IDAHO ) 04-19-00 CASE NO. CUP-00-010 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 2ND day of May, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for an 1,800 sq. ft. home office that will be used as an office space, and described in the PLOT PLAN, attached hereto as Exhibit "A" for the development of the aforementioned project, and which property is described as: That portion of the Northwest Quarter of the Northwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying south of Franklin Road, east of Linder Road, North of West Barrett Drive, west of West \. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 6 C.W. CONSTRUCTION/WILLIAM & JODY BUCKNER /CUP-00-010 ^~ Crest Wood Drive, and west of Lot 14 in Block 3 of Crest Wood Estates Subdivision No. 3, according to the official Plat filed in Boolc 55 of Plats at Page 5081. and Parcel B as delineated on Plat Map of Survey #1602 Boolc G Pages 1627 and 1628 recorded March 21, 1990 as Instrument No. 9014498, records of Ada County, Idaho, being a portion of the North Half of Section 13, Township 3 North, Range 1 West, of Boise Meridian in Ada County, Idaho. 2. That the above named applicant is granted a conditional use permit for an 1,800 sq. ft. home office that will be used as an office space, located at the northwest corner of Barrett and Crestwood Drive, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance. 2.5 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. 2.6 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 2.7 Provide sidewalks in accordance with City Ordinance. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERIv1IT -PAGE 2 OF 6 C.W. CONSTRUCTION/WILLIAM & JODY BUCKNER /CUP-00-010 '"~ 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 The subject parcel is a remnant area created by an illegal lot split when ACHD developed the large stormwater detention pond at the intersection of Barrett and Linder Road. 2.10 Sanitary sewer and water service line are not existing to this site, however main lines do exist in both of the frontage streets. Applicant shall be required to extend service lines to the existing main lines. 2.11 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be responsible for the actual physical connection of the existing building located within this development, and shall be required to enter into an Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.12 Underground pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping 2.13 20-foot minimum landscape buffers are required along Barrett and Crestwood Drive to screen the commercial parking area from surrounding residences. Applicant shall be required to plant trees at a minimum of 15 feet on center for the small (Class 1) trees proposed on the site plan. If larger (Class 2) trees are used, the spacing could be increased to 30 feet o.c. Evergreen conifers (i.e. pine and spruce) are prohibited as street trees. 2.14 One (1) three-inch (3 ") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. Based on the proposed site plan at least 4 of the trees provided must at least 3" caliper. The additional trees may go down to 2" caliper minimum. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 6 C.W. CONSTRUCTION/WILLIAM & JODY BUCKNER /CUP-00-010 ~"~, 2.15 The required landscape buffer is not to contain open gravel stormwater detention areas. Underground absorption areas shall be designed to accommodate all of the required trees or they must be relocated to another area on site. 2.16 The surrounding buffers and setbacks shall be turf as shown on the site plan and shall not be gravel, rock, or paved areas. 2.17 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning ~ Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.18 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Applicant shall explain the location of the handicapped parking stall in relation to the main entrance. All stalls shall meet minimum dimension standards, signage, and striping as per ADA. 2.19 No freestanding signs are being proposed and none are approved for this CUP. Any future freestanding signs shall be considered a modification of this CUP. Only wall signs shall be permitted and shall be subject to design review and require separate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and shall be removed upon 3 days notice. 2.20 City Ordinance requires driveways to be a minimum of 25 feet. All standard parking stalls shall be a minimum of 9x19 as per city ordinance. 2.21 All tenants of the building shall be professional office uses or as otherwise permitted in the Zoning Schedule of Use Control. 2.22 No outdoor storage is permitted anywhere on the lot (i.e. behind the building). No portion of the lot shall be used as a contractors yard. 2.23 The building should be repainted from the existing blue shades to another color more compatible with the residential uses (i.e. soft earth tones) and to update the appearance of the building. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 4 OF 6 C.W. CONSTRUCTION/WILLIAM & JODY BUCK~IER /CUP-00-010 2.24 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall be submitted and approved by the Zoning Administrator for any new owners/tenants. 2.25 All codes shall have to be met. 2.26 The location of the trash enclosure is approved but it needs to be a minimum of 10' x 10' to avoid damage to enclosure. 2.27 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health Sz Welfare, Division of Environmental Quality. 2.28 Run-off is not to create a mosquito breeding problem. 2.29 stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.30 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.31 Construct a 5 foot wide concrete sidewalk on Barrett Drive abutting the parcel adjacent to the existing curb and gutter. 2.32 Construct a 5-foot wide concrete sidewalk on Crestwood Drive abutting the parcel adjacent to the existing curb and gutter. 2.33 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.34 Construct a 24 to 30-foot wide driveway on Barrett Drive, located as proposed, approximately 55-feet west of Crestwood Drive. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Barrett Drive. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 5 OF 6 C.W. CONSTRUCTION/WILLIAM & JODY BUCKNER /CUP-00-010 .~~. 3 ~ The above conditions are concluded to be reasonable and the a 1' h meet such requirements as a condition of approval of the application fo pa conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~ , 2000. 2 N~ o rt D. Corrie, Mayor City of Meridian day of Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Clerk ~-2 -~~ msg/Z:\Work\M\Meridian 15360M\C.W. Construction CN CUP\CUPOrder . G~ ~:~ -, ~~ .~ '~ ~ ': ,~~ T\ '' .~ ~. ~~., ~- y'.,~ ~,~ T 151' . ,~ ``~` '~ , t\1 ,~,l~`~f~~tllgit~ltl-i~~-~``` ~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 6 OF 6 C.W. CONSTRUCTION/WILLIAM & JODY BUCKNER /CUP-00-010 .-~ Z i I ~ 1 1 I I 1 1 I I 1 R ~ 1 i i 111 II; ~~ ~ I R ~~ 3 ~ ~ J /F~ ~ CC~ r~~ ~ -~ d c7ooc~l s ~- ~ I _~~ ~1rsr--- I --" -- - - - - _ ~ Y"om"' ~,. exr 1 -- - -- - - ~~ ~ ~ ~~ ~~f }~ ~ ~ ~_ ___, I I ~• ,- I I ~---r--------------- 1 1 i i I I • ~ i ~ ~ ~ ~~ • i I~ 1 I •1 I I I I 1 I I i r I I i p I g 1 , ' I I I I I I I i ~ . , 1 ~ 1 rt /~~~ ~ / 1 1. 1 _, ~ I 1 1 1 I Y 1 I I 1 I 1 ~ , t 1 1 ~ ~ t • 1C. i ~ I ~ O O O; ~ Q I ~ f--- i ~ t 1 2, 1 1 71 I I i Q i 1 ~ 1 1~ ~ ~0 I 1 • 1~ - I 11J 1 .,~ T 1 I I i i I i } V I T 1 I I it ~ I 1 ~ 1 I _J ~ 1 ~ ' I t ~~~ , 1 ~~~ ~ -- -- -- ~ - -- __ 1 ~ EXHIBIT " " ~ Q ~ - ~ • ~ s ~ ~~ ~ Q j t /'~ BEFORE THE MERIDIAN CITY COUNCIL 04-19-00 IN THE MATTER OF THE ) Case No. CUP-00-010 APPLICATION OF C.W. ) CONSTRUCTION/WILLIAM Sz ) FINDINGS OF FACT AND JODY BUCIQVER, FORA ) CONCLUSIONS OF LAW AND CONDITIONAL USE PERMIT ) DECISION AND ORDER FOR 1,800 SQ. FT. HOME/OFFICE ) GRANTING CONDITIONAL TO BE USED AS OFFICE SPACE ) USE PERMIT SUBJECT TO IN A C-N ZONE, LOCATED AT ) CONDITIONS THE NORTHWEST CORNER OF ) BARRETT AND CRESTWOOD ) DRIVE, MERIDIAN, IDAHO ) The above entitled conditional use permit application having come before the City Council for public hearing on April 18, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and wntten testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM[ & JODY BUCIQVER /CUP-00-010 Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~NER /CUP-00-010 ~ ~ an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Neighborhood Business zone (C-N), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI<NER /CUP-00-010 '`1 Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT A notice of a public hearing on the conditional use permit vas published for two (2) consecutive weeks prior to the said public hearing scheduled for April 18, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration snore than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said April 18, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI<NER/CUP-00-010 ''\ 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at the northwest corner of Barrett and Crestwood Drive, Meridian, Idaho. 5. The owner of record of the subject property is C.W. Construction, Inc. of Meridian. 6. Applicant is the owner of record. 7. The subject property is currently zoned C-N. The zoning district of C-N is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2H. 8. The proposed application requests a conditional use permit for an 1,800 sq. ft. home office that will be used as an office space. The C-N zoning designation FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI<NER /CUP-00-010 /'\ within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The requested conditional use is described in the PLOT PLAN, attached hereto as Exhibit "A", for the development of an 1,800 sq. ft. home office that will be used as an office space, and which property is described as: That portion of the Northwest Quarter of the Northwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying south of Franklin Road, east of Linder Road, North of West Barrett Drive, west of West Crest Wood Drive, and west of Lot 14 in Block 3 of Crest Wood Estates Subdivision No. 3, according to the official Plat filed in Boolc 55 of Plats at Page 5081. and Parcel B as delineated on Plat Map of Survey #1602 Boolc G Pages 1627 and 1628 recorded March 21, 1990 as Instrument No. 9014498, records of Ada County, Idaho, being a portion of the North Half of Section 13, Township 3 North, Range 1 West, of Boise Meridian in Ada County, Idaho. 12. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 of 1 S USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI<NER /CUP-00-010 ~'r, r1 governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~NER /CUP-00-010 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. Sufficient parking for the proposed use of the property will be provided. 20. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the ApplicantlOwner of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for an 1,800 sq. ft. home office that will be used as an office space, and described in the PLOT PLAN, attached hereto as Exhibit "A", for the development of the aforementioned project, and which property is described as: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~NER /CUP-00-010 '"\ That portion of the Northwest Quarter of the Northwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying south of Franklin Road, east of Linder Road, North of West Barrett Drive, west of West Crest Wood Drive, and west of Lot 14 in Bloclc 3 of Crest Wood Estates Subdivision No. 3, according to the official Plat filed in Boolc 55 of Plats at Page 5081. and Parcel B as delineated on Plat Map of Survey #1602 Boolc G Pages 1627 and 1628 recorded March 21, 1990 as Instrument No. 9014498, records of Ada County, Idaho, being a portion of the North Half of Section 13, Township 3 North, Range 1 West, of Boise Meridian in Ada County, Idaho. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the recommendations of the Planning and Zoning and Engineering Staff as follows: 2.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 of I5 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCIQVER /CUP-00-010 ~, 1 2.5 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. 2.6 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 2.7 Provide sidewalks in accordance with City Ordinance. 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 The subject parcel is a remnant area created by an illegal lot split when ACRD developed the large stormwater detention pond at the intersection of Barrett and Linder Road. 2.10 Sanitary sewer and water service line are not existing to this site, however main lines do exist in both of the frontage streets. Applicant shall be required to extend service lines to the existing main lines. 2.11 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be responsible for the actual physical connection of the existing building located within this development, and shall be required to enter into an Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.12 Underground pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping 2.13 20-foot minimum landscape buffers are required along Barrett and Crestwood Drive to screen the commercial parking area from surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 of 1 ~ USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~NER /CUP-00-010 ^. ~ residences. Applicant shall be required to plant trees at a minimum of 15 feet on center for the small (Class 1) trees proposed on the site plan. If larger (Class 2) trees are used, the spacing could be increased to 30 feet o.c. Evergreen conifers (i.e. pine and spruce) are prohibited as street trees. 2.14 One (1) three-inch (3 ") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. Based on the proposed site plan at least 4 of the trees provided must at least 3" caliper. The additional trees may go down to 2" caliper minimum. 2.15 The required landscape buffer is not to contain open gravel stornlwater detention areas. Underground absorption areas shall be designed to accommodate all of the required trees or they must be relocated to another area on site. 2.16 The surrounding buffers and setbacks shall be turf as shown on the site plan and shall not be gravel, rock, or paved areas. 2.17 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning ~ Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.18 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Applicant shall explain the location of the handicapped parking stall in relation to the main entrance. All stalls shall meet minimum dimension standards, signage, and striping as per ADA. 2.19 No freestanding signs are being proposed and none are approved for this CUP. Any future freestanding signs shall be considered a modification of this CUP. Only wall signs shall be permitted and shall be subject to design review and require separate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and shall be removed upon 3 days notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~NER /CUP-00-010 ~~1, 2.20 City Ordinance requires driveways to be a minimum of 25 feet. All standard parking stalls shall be a minimum of 9x19 as per city ordinance. 2.21 All tenants of the building shall be professional office uses or as otherwise permitted in the Zoning Schedule of Use Control. 2.22 No outdoor storage is permitted an}nvhere on the lot (i.e. behind the building). No portion of the lot shall be used as a contractors yard. 2.23 The building should be repainted from the existing blue shades to another color more compatible with the residential uses (i.e. soft earth tones) and to update the appearance of the building. 2.24 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall be submitted and approved by the Zoning Administrator for any new owners/tenants. Adopt the Recommendation of the Meridian Fire Department as follows: 2.25 All codes shall have to be met. Adopt the Recommendations of Sanitary Services as follows: 2.26 The location of the trash enclosure is approved but it needs to be a minimum of 10' x 10' to avoid damage to enclosure. Adopt the Recommendations of the Central District Health Department as follows: 2.27 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health Sz Welfare, Division of Environmental Quality. 2.28 Run-off is not to create a mosquito breeding problem. 2.29 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCICNER /CUP-00-010 ~ r"~ 2.30 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Ada County Highway District as follows: 2.31 Construct a 5 foot wide concrete sidewalk on Barrett Drive abutting the parcel adjacent to the existing curb and gutter. 2.32 Construct a 5-foot wide concrete sidewalk on Crestwood Drive abutting the parcel adjacent to the existing curb~and gutter. 2.33 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.34 Construct a 24 to 30-foot wide driveway on Barrett Drive, located as proposed, approximately 55-feet west of Crestwood Drive. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Barrett Drive. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a conformed copy shall be served by the Cleric upon the applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~NER /CUP-00-010 ~, NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the L? ~~ day of ~~ ~ , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED ~~ COUNCILMAN BIRD VOTED C COUNCILMAN deWEERD COUNCILMAN McCANDLESS VOTED VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~NER /CUP-00-010 ,~'`, MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~ G -~~ MOTION: APPROVED: PROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. By: ~ °, Dated: a,ty Clerlc ,~'~ ~~~ msg/Z:\Work\M\Meridian 15360M\C.W. Construction CN Ci1P\Ci1PFFC1sOrdDec ~ ~~ 'i, ~~ T~~ :. .`` ~~~Y y r ~~ /!~ Y {~AwJJ ~G 'o ~, ,~ .1 ~~,~ r ~ y~~/~~,/~?'rt~tt~1 se~H~~~~~l~~lr ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 of 15 USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~NER /CUP-00-010 Z ~` ~ ~y ~ ~ f ~!i ~_~ ,~ ~~ i 3 ~~ C~'Oa~Jl ~ ~ Q ~ ~~ i I ^ ~i ~} k~ ~ ~ ~ Q f-- ~- (~ ~i i Q ~~ m ~ 7 «::. t~_ ~• ~~ EXHIBIT " " ~ ~ ~ i i 'ii; ii; 6 l i i ~~ ~~: ~ ~ ~! ~ M ~ ~~~; ~~}.~ "~ -,•`~ 4 April 13, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT C.W. Construction L.t~ r~ C~~-~C f C . eec-e April 18, 2000 ITEM NO. 5 REQUEST CUP for an 1800 s.f. home/office to be used as office space/relocation in a C-N zone -west Barrett Drive south of Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS see attached P & Z minutes see attached recommendations ~ f~N c~" ~~ ~ ~,~~ [~ Materials presented at public meetings shall become properly of the City of Meridian. k14 is ~P'"~ ~~ ~u r~-Ind ~~ (ker- ~'- ~ S ~~ I ~~~ ~~ I ~ ~-~ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 7uLtE KI.EIN FYSCfmz 200 EAST CARLTON AVP.NUE WM. F. GIGRAY, III PosT OFFJCE Box 1150 BxErrT 7.7oltrrsox MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON WILLIAM A. Moxxow WILLIAM F. NICHOLS TEL ((208) 288-2499 CHtzT3TOr[~e S. NYE FAX ($08) 288-2501 PHILIP A. PETElt$GN $TFPHEN L. Pxuss Exec $. ROSSMAN Tonn A. ROSSMAN DAVtn M. s WARTLEY TEaxEIVCER WHITE Apri14, 2000 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. CUP-00-010 Hearing Date: April 18 2000 NAMPA OFFICE 104 NINTFI AVINL7E SouTx POST OFFICE BOX 247 NAMPA, IDAHO 83653-024'I FAX (~ 8))466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~~~~. APR - 6 2000 CITY OF NIF;R,IDL4N FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Finding~s and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the P1anxliung and Zoning Commission; and 2. That you carefullx complete (be sure it is legg~~'ble) the Position Statement if you disa ee with the Findings and7~ecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not ppossible, please present your Fosition Statement to the City Council at the hearing, along with eight ($) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ~ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly your , i ~ ~ .~° ~~~~ l ~~. City Attorney's O 'ce Iyi BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 1,800 SQ.FT. HOMF,/OFFICE TO BE USED AS OFFICE SPACE IN C-N ZONE Case No. CUP-00-010 RECOMMENDATION TO CITY COUNCIL C.W. CONSTRUCTION/ WILLIAM & JODY BUCI~IVER Applicant 1. The property is located at the northwest corner of Barrett and Crestwood Drive, Meridian, Idaho. 2. The owner of record of the subject property is C.W. Construction, Inc. of Meridian. 3. Applicant is the owner of record. 4. The subject property is currently zoned C-N. The zoning district of C-N is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2H. 5. The proposed application requests a conditional use permit for an 1,800 sq.ft. home office that will be used as an office space. The C-N zoning designation within the City of Meridian Zoning and Development Ordinance requires a RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -HOME OFFICE TO BE USED AS OFFICE SPACE - C.W. CONSTRUCTION/WILLIAM SL JODY BUCIQVER conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: 1. Adopt the recommendations of the Planning and Zoning and Engineering Staff as follows: 1.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -HOME OFFICE TO BE USED AS OFFICE SPACE - C.W. CONSTRUCTION/WILLIAM & JODY BUCKNER Ordinance. 1.5 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. 1.6 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 1.7 Provide sidewalks in accordance with City Ordinance. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 The subject parcel is a remnant area created by an illegal lot split when ACRD developed the large stormwater detention pond at the intersection of Barrett and Linder Road. 1.10 Sanitary sewer and water service line are not existing to this site, however main lines do exist in both of the frontage streets. Applicant would be required to extend service lines to the existing main lines. 1.11 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be responsible for the actual physical connection of the existing building located within this development, and shall be required to enter into an Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.12 Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hoolc-up and design details based on the proposed landscaping RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -HOME OFFICE TO BE USED AS OFFICE SPACE - C.W. CONSTRUCTION/WILLIAM ~ JODY BUCIQVER ,^ ~ 1.13 20-foot minimum landscape buffers are required along Barrett and Crestwood Drive to screen the commercial parking area from surrounding residences. Staff recommends in order to achieve an effective and attractive visual screen, trees should be planted at a minimum of 15 feet on center for the small (Class 1) trees proposed on the site plan. 1f larger (Class 2) trees are used, the spacing could be increased to 30 feet o.c. Evergreen conifers (i.e. pine and spruce) are prohibited as street trees. 1.14 One (1) three-inch (3 ") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. Based on the proposed site plan at least 4 of the trees provided must at least 3" caliper. The additional trees may go down to 2" caliper minimum. 1.15 The required landscape buffer is not to contain open gravel stormwater detention areas. Underground absorption areas must be designed to accommodate all of the required trees or they must be relocated to another area on site. 1.16 The surrounding buffers and setbacks shall be turf as shown on the site plan and shall not be gravel, rock, or paved areas. 1.17 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.18 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Staff questions the location of the handicapped parking stall in relation to the main entrance. Please explain. All stalls must meet minimum dimension standards, signage, and striping as per ADA. 1.19 No freestanding signs are being proposed and none are approved for this CUP. Any future freestanding signs will be considered a modification of this CUP. Only wall signs will be permitted and will be subject to design review and require separate permits. Any temporary or A-frame signs RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -HOME OFFICE TO BE USED AS OFFICE SPACE - C.W. CONSTRUCTION/WILLIAM ~ JODY BUCIQVER ''1 shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 1.20 City Ordinance requires driveways to be a minimum of 25 feet. All standard parking stalls must be a minimum of 9x 19 as per city ordinance. 1.21 All tenants of the building must professional office uses or as otherwise permitted in the Zoning Schedule of Use Control. 1.22 No outdoor storage is permitted anywhere on the lot (i.e. behind the building). No portion of the lot may be used as a contractors yard. 1.23 The building should be repainted from the existing blue shades to another color more compatible with the residential uses (i.e. soft earth tones) and to update the appearance of the building. 1.24 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 2. Adopt the Recommendation of the Meridian Fire Department as follows: 2.1 All codes will have to be met. 3. Adopt the Recommendations of Sanitary Services as follows: 3. I The location of the trash enclosure is fine but it needs to be a minimum of 10' x I O' to avoid damage to enclosure. 4. Adopt the Recommendations of the Central District Health Department as follows: 4.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Sz Welfare, Division of Environmental Quality. RECOMMENDATION TO CITY COUNCIL - S CONDITIONAL USE PERMIT -HOME OFFICE TO BE USED AS OFFICE SPACE -- C.W. CONSTRUCTION/WILLIAM ~ JODY BUCIQVER ~"~ 4.2 Run-off is not to create a mosquito breeding problem. 4.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 5. Adopt the Recommendations of the Ada County Highway District as follows: 5.1 Construct a 5 foot wide concrete sidewalk on Barrett Drive abutting the parcel adjacent to the existing curb and gutter. 5.2 construct a 5-foot wide concrete sidewalk on Crestwood Drive abutting the parcel adjacent to the existing curb and gutter. 5.3 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5.4 Construct a 24 to 30-foot wide driveway on Barrett Drive, located as proposed, approximately 55-feet west of Crestwood Drive. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Barrett Drive. ey/Z:\Work\M\IVleridian 15360M\Recommendations\CWConstivction.wpd RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT -HOME OFFICE TO BE USED AS OFFICE SPACE - C.W. CONSTRUCTION/WILLIAM ~ JODY BUCI~NER Meridian Planning anc''~ning Commission March 14, 2000 Page 15 2. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR ' PROPOSED 1.800 SF HOME/OFFICE TO BE USED AS OFFICE SPACE ZONED C-N BY C.W. CONSTRUCTION, INC. -BARRETT DRIVE & CRESTWOOD: Borup: Steve does staff have a presentation on this application. Siddoway: You bet I do Chairman Borup. This is the application for C.W. Construction. The vicinity map is on the wall. It's in this area right here that appears darker then the surrounding areas. Its at the intersection of Barrett Drive and Crestwood Drive in the Crestwood Subdivision which is just off the intersection of Franklin Road and Linder. This is an area currently zoned CN, which is neighborhood commercial, all ready annexed and zoned as such. To the north of this parcel up in this area we have tennis courts and RV parking that are used by the homeowners association-of Crestwood Estates and the CN property to the north of it here is still currently vacant. On the south in this area, there is a grassy swale that serves as their storm water detention and then you start to notice the standard residential Subdivision lots. On the west, we have an interesting situation in that this used to be all be one large lot. ACHD- took a large chunk of that for a storm water detention pond that really created-that actually was part of this lot and created this as a basically created an illegal split that this was a remnant parcel of. You'll see more of this in the photos in just a second. Here we have a photo standing along. Crestwood looking toward the intersection of Linder Road running a long here and Franklin Road would be running along here. The ACHD swales on the other side of this fence. This is standing from the same place, this is Crestwood-Barrett sorry, this is Crestwood. This lot right here is the lot we are talking about. You can see the tennis courts,-you can see the RV storage there. This a view standing on the lot looking dui west at the houses across the street and then the next shot I am going to turn a little to the right and look down the street there. This is the site plan. Barrett Drive along here, north is up. They are proposing to move existing structure from another location onto this property. This would be their-parking areas and they would have landscape buffers along both Barrett and Crestwood as well as some landscape buffers between it and the tennis courts and the ACHD storm water swale. These photos are not very good but they were what was given to us by the applicant. We have had new ones submitted tonight. I gave them to Will Berg. If you would pass #hose out. I put them up for the residents here.- The idea that I wanted to gefi across- is that they are trying to show that it is a residential character structure with a pitched roof and not just a standard. commercial box so they would be trying to blend in to the neighborhood. You have our full comments dated March 10t", 2000. A couple of highlights to point out in site specific comments. Number 5 the 20foot minimum landscape buffers that are required are to be buffers to buffer those adjacent residential areas that you saw from the commercial parking lot that will now be sitting on this lot. We do have a requirement for one tree per 1500 square feet of asphalt which everyone know, and this site plan would meet that with the 5 trees shown. We are proposing that as a buffer between different land uses that this needs to be beefed up. The trees that are proposed are considered in the nursery industry as class one trees. They are small ornamental trees. Those types of trees I'd recommend to be planted the minimum of 15 feet on center or if Meridian Planning and''°jning Commission '`~ March 14, 2000 Page 16 they went with larger trees which are class 2's which also are standard street trees, you °would want to be increased to 30 on center. We would want the increase, the number of trees along this road to provide a more visual barrier between the parking lot and the adjacent residences. Number 11 I point out no free standing signs have been proposed with this project. That is per the applicants own words and we want to make it known that none are approved with this. We will approve signage on the building itself, but any free standing signs we would consider a significant modification to this permit and required to come back before this body. No outdoor storage will be permitted anywhere on the lot, such as there is an open grass area behind the building. The main tenant is a contractor. We don't want to see this area become a contractors yard with storage and materials that would be unsightly. Last thing we would be requesting in number 15, I guess the current color of this building is somewhat of a bright blue and we'd like to see it repainted to match the colors of the surrounding neighborhood uses being that this is integral to a existing residential area. That is all I have. Borup: Thank you. Any questions of the Commissioner's? Brown: I've got a question about the illegal land -division. That kind of interests me. When the highway district takes right of way for whatever purpose they might take it, widening the street, then the remnant piece is illegal because of that. Siddoway: I do not fully understand this issue, so they took it not just as a right of way but -do you know more about this? They took the majority of lot-it wasn't just a right of way take (inaudible) a street. It was one large lot. They took the majority of that lot, let me change to the picture. Let me allow Bruce to address the body. Just a second. Freckleton: Members of the Commission, the drainage -retention basin sits in this area here. This was all one piece of property. At the time Franklin Road was- Brown: Including the tennis courts? Freckleton: No. No. The "L" shaped piece of property. The highway-district purchased this property from the then current owner to put in the drainage facilities. That is what Steve is referring to as the split that we are talking to. This would be the remnant parcel from that division. Siddoway: So Commissioner Brown it was one parcel. The ACHD purchased a portion of that. The remaining portion is a remnant. In addition they made two parcels-my understanding is that it shows it became two parcels without being platted, as such. Brown: So the parcel to the north is the illegal- part that they created. We only see one parcel to the east. Borup: The parcel to the east is the drainage pond. Or to the west I mean. The parcel to the east is the street. Meridian Planning and'"'~ning Commission ''~ March 14, 2000 Page 17 Brown: There is two other pieces, one being the drainage pond-where is the other one? Is the other one pieced to the north? Siddoway: It was referred to me as a legal split by Shari Stiles, which is why I brought it up because it was a strange situation that left this just a remnant. I would say that we do not see this as an issue that would- Brown: As a required platting if it is an illegal parcel. There going to have to do a Subdivision after they get this conditional use permit. Siddoway: I honestly don't know Commissioner Brown. Brown: From my experience in other jurisdictions, they allow, we'll say government entities such as the highway district, to do these kind of splits for the common good and it was public knowledge. It was not done in the back room. Siddoway: We would agree with that and a conversation that 1 had Shari when she mentioned to me that this was a split that has occurred that left this as a on remaining - just a remnant parcel. She did not see that as an issue -that would prevent a building permit to be given to this lot, as far as I understand. Brown: Okay, that is interesting. Siddoway: Confusing as best. I understand. Borup: What kind of zoning do you need for a retention pond? Any other questions. Is the applicant here this evening and like to come forward. Walker: Cortland Walker. 1300 S. (Inaudible) Place in Meridian. Borup: Is there anything you'd like to add in addition to the staff comments. Walker: No really. Any questions for me? Borup: He really only mentioned 3 things. The others were reviewed. You planning on repainting the building? Walker: Yes. That wasn't much of an option. Borup: The extra landscaping buffer, has you reviewed that? Walker: Yes. You say the buffer-the some kind of retention drain there. Borup: Well, no. On the extra-he was talking about increasing the number of trees. Meridian Planning and'lning Commission ^ March 14, 2000 _ Page 18 Walker: Well, we are required to have one tree per 1500 square feet of asphalt. There 'is only 4500 square feet of asphalt. The plat shows 5 on there. I don't know how many they want. Borup: You haven't reviewed this really carefully then. Walker: I did. It sounds to me like 5 is adequate. If they want more that is fine. Borup: They were talking on the small trees every 15 feet on the large trees every 30 feet. Is that acceptable. Mr. Brown. Brown: Do you have anything on the staff report that-you don't agree with. Do you agree 100 per cent with staff report. Walker: Yes. I will comply, yes. Borup: That is a short-way to get through a hearing and really that is where our concerns would be if there is something thafi needs to be discussed that may see differently from the staff report. Walker: My only concern is on the trees, 30 feet isn't very far from each other. You can only put so many in there because we are up next to the property line on one side. We've got the entrance in there and so forth. We will put them where we can. Borup: I think he is talking about in the grass area where you- Walker: We might (inaudible-chairman talking over applicant). Borup: Those two areas there where your all ready indicating your landscaping and- Walker: Yeah we might have to put two more trees, that's my guess. Norton: Mr. Walker, could I ask what type of business you planning on doing in this building. Walker: At this point we might have a architectural firm -that moves in with us. We have a counselor from school that is waiting to move in. And ourselves. Norton: What do you do sir? Walker: I am a contractor. We will not store anything in the back yard. Borup: Any other questions. Thank you Mr. Walker. Do we have anyone here who would like to come forward and testify on this application. Meridian Planning and "lning Commission °~` March 14, 2000 Page 19 Jacobs: I am Mildred Jacobs. I live right across the street from this and I just hope that they are not going to put in big tall trees. Short ones would be fine, -but I look out my front window. I am all for it being put there, I have no problem with that. I don't like the dirt pile and motorcycles in it and everything, I'm really not for counseling teenagers there either, so but I am for the building going up. I would like to see the smaller trees. Borup: Anyone else. Despot: I am Debbie Despot. I live at 1491 W. Crestwood directly across the street from this thing. When we bought our home we planned on living in a Subdivision, not any commercial -we did not plan on buying a house that looks right into a commercial asphalt parking lot. Borup: Are you familiar and I am not -Do you know how long this has been zoned? Despot: No idea. Barbeiro: Mrs. Despot, is this your property right here? Despot: Yes it is. Borup: Anyone else. Seeing none, does the applicant have a summary or final comment. Walker: In talking to Shari Stiles, she said they don't do CN zoning anymore, so it had to have been 10-15 years zoned as such. I don't know how long it has been either, but I am sure it was a long time ago. Hatcher: I move we close the public hearing. Barbeiro: I second. Borup: All in favor? MOTION CARRIED: ALL AYES Barbeiro: I wish to motion that we recommend to City Council approval of request for conditional use permit for proposed 1800 SF home/office to be used as office space zoned CN by C.W. Construction, Inc. with all staff comments. Brown: Second. Borup: Any discussion. All in favor. MOTTO CARRIED: ALL AYES ` ~"'` ~ 2~ CORTLAND WALKER PROPERTY OWNERS WITHIN 300' VANHEFS LARRY ET AL PO BOX 866 MERIDIAN ID 83680-1212 119 S CINDER RD ROAM THOMAS K & LISA M 115 S CINDER RD MERIDIAN ID 83642-6107 VAN HEES HARLt1N & FLORENCE TRUST 239 S MALACHITE AVE MERIDIAN ID 83642-6150 245 S CINDER RD WHITESTONE HOMEOWNERS ASSOC COMMUNITY PROPERTY MANAGEMF.NI' 9550 W BE'I'IIEL CRT BOISE ID 83709 S CINDER RD BEEHIVE HOMES INC 445 CLEAR CREEK DR MERIDIAN ID 83642-5263 1448 W CREST WOOD DR 1455 W I~IltA ST ANDERST ROBERT E & ANDERST LADAWN M 1432 W CREST WOOD DR MF1tIDIAN ID 83642-2498 SALISBURY DONALD D & SALISBURY BARBARA S 1461 W CREST WOOD DR MERIDIAN ID 83642-2422 BARR KENNETH L & BARR CYN'TI-IIA 1421 W CREST WOOD DR MERIDIAN ID 83642-2422 SNYDER CAROL J PO BOX 745 NAMPA ID 83653 238 S MALACHITE AVE BUCK[VER WILLIAM J & JODY ANN 4405 E WILD HORSE LN BOISE ID 83712-7593 W FRANI~.IN RD W BARRE'I'T DR CRESTWOOD ESTATES HOMEOWNER'S ASSOCIATION INC PO BOX 575 MERIDIAN ID 83680-0575 W BARRETT DR JACKSON GERALD JR & JACKSON DIANA L 1484 W CREST WOOD DR MERIDIAN ID 83642-2498 ROPP BRYAN K & ROPP LISA K 1476 W CREST WOOD DR MERIDIAN ID 83642-2498 SMITH JEROMY & MICHELLE CIIVELLO 1411 W CREST WOOD DR MERIDIAN ID 83642-2422 HUNT KURT J & HUNT KERRY S 1410SHEIDIPL MERIDIAN ID 83642-3718 SEMBRAT DANIEL TRUST SEMBRAT DANIEL, TRUSTEE 1390 S HEIDI PL MERIDIAN ID 83642-2457 DESPOT STEVE & DESPOT DEBBIE 1491 W CREST WOOD DR MERIDIAN ID 83642 HANSSEN VALERIE L 1420 S HEIDI PL MERIDIAN ID 83642-3718 r~ WII.DE KIRK M & WII.DE CYNTHIA M 1480 W HIMItA ST MERIDIAN ID 83642-2423 JACOBS MILDRED E 1495 W HIMItA ST MERIDIAN ID 83642-2424 LAUGHIZIDGE MICHAEL L & TERESA 1430SHEIDIPL MERIDIAN ID 83642-3718 LANDING OWNERS ASSOC INC THE 1493 W PINTAIL DR MERIDIAN ID 83642-3711 W GREENHF.AD ST S CINDER RD BIGGS DONALD R & CATHERIl~IE TAYLOR 1475 W IAA ST MERIDIAN ID 83642-2424 CUNIVINGHAM STACE L & CUNNII~IGHAM LANAE U 1568 W GRF,F.NHF,AD DR MERIDIAN ID 83642-3716 CURRAN CHRISTOPHER L & TRACY J 143 S W HIMI2A ST MERIDIAN ID 83642-2424 PHILI.Il'S DONALD L 1580 W GREENHEAD DR MERIDIAN ID 83642 STEVENSON KENT' D & STEVENSON LINDA A 1540 W GREENHEAD DR MERIDIAN ID 83642-3716 a-1 .~., ~\,\\ ~~~ ~.~., 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 April 18, 2000, for the purpose of reviewing and considering the application of C.W. Construction, Inc., for a Conditional Use Permit for an 1,800 s.f. home/office to be used as office space/relocation which is generally located at West Barrett Drive south of Franklin Road. A more particular 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 24th day of March, 2000 PUBLISH March 31St and April 14th, 2000. `~ w ILLIAM G. BERG, JR. CLERK ~~\G~`~G~~?POF„gT~O'''~ ~'~~ - ~~~ ~~'°'~r;;::~ :,ate°.~~~ Z V W J Z Q 0 V ,~ ,...-~ 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 7:00 p.m. on March 14, 2000 for the purpose of reviewing and considering the application of C.W. Construction, Inc. for a conditional use permit for an 1,800 square foot home/office to be used as office space/relocation, which is generally located at West Barrett Drive south of Franklin Road. A more particular 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 16th day of February, 2000. PUBLISH February 25 & March 10, 2000. WILLIAM G. BERG, JR.; CI CLERK ~~~,,,aoa ~ r~ rr, OL~~e,\ s~T ~~ an .- ,3r J ~~" ` ~'> - ~~~ .rJPfh., `it1S 'i;~ l'. ~+~~ .- ~'^ HU(3 OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT Robert D. Corrie A Good Place to Live (2p81 ?88_~a99 • Fax 28&?501 CITY OF MERIDIAN P116L1C WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderso^ 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Witl Berg, City Clerk by: February 24 2000 TRANSMITTAL DATE: FebruaN 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: CUP-00-010 REQUEST: CONDITIONAL USE PERMIT FOR 1800 SF HOME/OFFICE TO BE USED AS OFFICE SPACE/RELOCATION ZONED C-N BY: C.W. CONSTRUCTION INC. LOCATION OF PROPERTY OR PROJECT: FRANKLIN & CINDER (EXACT BARRETT DRIVE & CRESTWOOD) SALLY NORTON, P/Z KENT BROWN, P/Z .THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) REMARKS: /"` FEB ~ 0 200 ,a ti, - ~_ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 February 9, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 Re: CUP-00-010 1800 SF Home/Office to be Used as Office Space/Relocation Zoned C-N Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, ~~:-~,. Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~~` UB OF TREASURE VALLEY ~^ MAYOR Robert D Come A Good Place to Live LEGAL DEPARTMENT . r I OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS v PUBLtC WORKS Ron Anderson 4 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird M IDIAN, IDAHO 83642 (208) 887-221t • Fax 887-1297 Tammy deWeerd 08) $-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless C 'k Office Fax 208 ( ) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian ~, Planning ~ Zoning Commission, please submit your comments and recommendations ,, ; ,, to Meridian City HaII, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14. 2000 FILE NUMBER: CUP-00-010 REQUEST: CONDITION >>~ AS OFFICE SPACE/REl BY: C.W. CONSTRUCTI LOCATION OF PROPEF DRIVE & CRESTWOOD' SALLY NORTON, P2 KENT BROWN, P/Z THOMAS BARBEIRO P/; RICHARD HATCHER, Prz KEITH BORUP, P/Z `' ROBERT CORRIE, MAYC RON ANDERSON, C/C~ >, ~, . 71},. 100 SF HOMElOFFICE IKLIN ~ CINDER (EXA UNCISE REMARKS: ~~~V~ ,, ` ~ 4 A A~ ~. a . ~ ; ., t ~ +~ ~ ;. i . USE PERMIT FOR 1 CATION ZONED C-N . INC. M & FINAL PLAT) tICT DISTRICT ICT FINAL PLAT) AT) & FINAL PLAT) 2ELIM & FINAL) i0'B~Jdd bbL0b8880~~ ,~--~ MAYOR HUfi OF TREASURE VALLEY Robert D. Cowie A Good Place to Live CITY COUNCIL MEMBERS CITY OF ZVIERIDIAI~ Ron Andcrson Keith Bird Tammy dcweerd Cherie McCandless 33 EAST IDAHO MERIDIAN, IDAHO 83642 t?08) S38-44.33 -Far (208) 83?-x813 City Clcrk Oftice Fax (208) 388--1218 00:LZ 00~ Z0 Hdd LEGAL DEPARTMENT (208) 366-2a 19 • Fax wSS-25c)1 Pli6UC WORKS BUILDING DEPARTMENT (206) 337.2211 • Fax 667-1297 PLANNING ANU ZONING DEPARTMENT (?061 64.t-5533 -Fax 8FS-GSSa TRANSMITTAI. TO AGENCIES FOI2 COMMENTS ON AEVELOPMENT PROJECTS WIT1(~ TAE CCT'Y OF MERIAIAN To insure that your comments and recommendations will be considered by the Meridian Planning $ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24, 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14, 2000 FILE NUMBER: CUP-00-010 REQUEST: CONDITIONAL USE PERMIT FOR 1800 SF NOME/OFFICE TO BE USED AS OFFICE SPACE/RELOCATION ZONED C-N BY: C.W. CONSTRUCTION INC. LOCATION OF PROPERTY OR PROJECT: FRANKLIN $. CINDER (EXACT BARRETT DRIVE $ CRESTWOOD SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BAR6EIR0, P/Z -RICHARD HATCHER, P/Z -KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C -KEITH BIRD, C/C -TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -„CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATfON DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR ONCISE REMARKS: Post-it® Fax Note 7871 FromX ~j PhonO # W mil/ Phone # ~ ~ ~ . r, Fax et _ _. _. ~ .., ~~.~,..~~..wi:1i~ ZAiTOd bbLAb88S0Z=QI 2[3IHM3_I.Sb'M NHIQI2I3W 6S:9T 00-Z0-Z0 March 10, 2000 '"'\ MERIDIAN PLANNING & ZONING MEETING: March 14, 2000 APPLICANT: C.W. CONSTRUCTION -WILLIAM 8 JODY BUCKNER ITEM NUMBER: 2 REQUEST: CUP FOR 1800 SF HOME/OFFICE TO BE USED AS OFFICE SPACE/RELOCATION ZONED C.N AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS STAFF COMMENTS COMING SEE ATTACHED COMMENTS iN cid,P F' w ~~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: SEE ATTACHED COMMENTS ~ ~ ,~,~` ~ ~ ("~ '~~ ~J; SEE ATTACHED COMMENTS All Materials presented at public meetings shall become properly of the City of Meridian. ~-. MAYOR HUl3 OF TREASURE VALLEY ~ Robert D. Currie A Good Place to Live ' LEGAL DEPARTMENT CITY C CITY OF MERIDIAN ~~~~~ ~~~~~~~~ ~ Fax ~~~-~'~' OUNCIL MEMBERS PLBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (203) ss7-2211 • Fax 857-1297 Tammy deWeerd (208) 388-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 384-SS ,3 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 24. 2000 TRANSMITTAL DATE: February 2, 2000 HEARING DATE: March 14. 2000 FILE NUMBER: CUP-00-010 REQUEST: CONDITIONAL USE PERMIT FOR 1800 SF HOME/OFFICE TO BE USED AS OFFICE SPACE/RELOCATION ZONED C-N BY: C.W. CONSTRUCTION, INC. LOCATION OF PROPERTY OR PROJECT: FRANKLIN 8< CINDER (EXACT BARRETT DRIVE & CRESTWOOD) SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C -WATER DEPARTMENT -SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ ' l 7 A~ C-C.. C o v ~ .s c~ o ~ L iv ~.~ t~ ~ ~-i ~ , n ~0'SBdd MAYOR Robot ~. Gorrie i?S0S88880'"~ CITY COUNCt(, MEMBERS Ron Anderson Keith Bird Tammy deWcerd Cherie McCandless .•~, Ob:bl 00~ b0 H3~ h'UB OF TREASURE VALLEY A Crood Place to Live l@GALDEPARTMENT ~x~y p~ ME.~I~~N (?08) 288-2a99 . Fax 288-?50- 33 EAST IDAHO PusLlc woRKs hIERID[AN, IDAHO 83642 BUILDtNC DBpglj~~. (208) 888-4433 • Fax (208) 887-4813 (=08) 887.2211 • Fax 887•I?g7 City Clerk OfFce Fax (208) 388-4213 PLANNING AND ZONING `~f ~~~.~ DEPARTMENT` (308) 884-5533 • Fax 888-685:1 c.~f 1'1'leri€- TRANSMITTAY, TO AGENCIES FOR COMMENTS ON D~VE~,OpMENT PROJEC WI'T'H THE C><TY OF MERrDIAN TS To insure that your comments and recommendations will be considered b the Mer- ' Planning g Zaning Commission, please submit your comments and recommendati Ian to Merldtan City Hall, Attn: Will Berg, City Clerk by; Februa 24 2000 ons TRANSMITTAL DATE: February 2 2000 NEARING DATE: March 14 2000 FILE NUMBER: CUP.nn_n~n REQUEST: O BY: 1 LOCATION OF PROPERTY OR PROJECT: SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P2 RICHARD HATCHER, P/Z :KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRO, C/C -TAMMY de WEERD, C/C .-WATER DEPARTMENT SEWER DEPARTMENT -~~SAN1754RY~'SERVICsE'~ -BUILDING DEPARTMENT -FIRE DEPARTMENT iPOL1CE DEPARTMENT -CITY ATTORNEY ~C-TY ENGINEER CITY PLANNER e0 3~dd MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION pISTRICT SETTLERS IRRIGATION DISTRICT --IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) 6UREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS:~r e L ~ , ~~ ®c`~ r GZ vo` 3~I/~~13S ~ l~i'IdlINl7S FRANKLIN ~ CINDER EXACT BARRETT ZS0S88880Z ZEST 000Z/b0/Z0 .-~ --. CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT ~11"HEALTH Environmental Health Division Return to: DEPARTMENT ~,'~..-~"'J ~L''L ~ ^ Boise ~ ^ Eagle Rezone ## ~ ~ B ~ 9 2~~.;c; ^ Garden City Conditional Use # CrC.i ~ _ Dd _ p ~ ~ ~ J~~ ~ ~;s.,' ~~~; ~gy~~" ,Meridian Preliminary /Final /Short Plat ^ Kuna ^ Acz Ps .-moo®cQ ~z'i-~-~C ss ~ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal ^ 4• We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After r'tten 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 ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 14. .S~ a7-rAG/~r~% ~ ar~u ~,/.~T~ i+Fr~,v~96d~c~~ Date: -Z /~/ pa ci_©~~ PLO ~'~"~`~~ Reviewed By: ~ t CDHD ID/91 rc6, rer. 7/91 Review Sheet ~7 Cc~,..-.. 1 ~ Ol~T:lCT ,,n'N•EA~TH O E P.~1 R T,~1 E.v T r.l,~l~ I v. ?!C, : t:; iV .lei^.I<<i~i~i`IC =!_ '~:. 'C' jam, ~ ' _,i.~ -rv~ rv a~e~'urt aruf rrcut disease artd diia:;rli[Y: !a 9rurnutt /rcaalw li~e~,yies: aad tv p~ntrct acrd promute drr lrerrltlr errd quc:firo v% vu~ crrcrrnrrrrurt. STO~~Ititi•~.TER tiL-~,~~,=~GEitiIEi`iT RECO~tiII~IEND~.TIOv~S titi"e recommend chat stormwater be pretreated through a brassy swa(e prior ro discnar;e to the subsurface to prevent impact ro ~round~vater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal azd des iJn a stormwater management system that is preventing ~round~vater and surface water degradation. Manuals that could be used for guidance are: I) State Of Idaho Catalog Of stormwater Best ylana~ement Practices For Idaho Cities And Counties. Prepared by' the Idaho Division Of Environmental Quality, July 1997. ?) stormwater Best tilar~;ement Practices Guidebook. Prepared by City Of Boise Public forks Departruent, January 1997. s~Q~WZ~i:~ ~l93:dfv Seriirt; ~c!!ey, F!rrtore, Boisz, ertd.~dc Courtr.'es .~Ce / 3eita Courry Cffiea ACC•'NfC Serel(ife Ctftee nmcrs County CMes `I :.'lay County CL~ea iCi !I, :.tC~: ^•S, Wit. ~ icCC i7CC?~ ~ .t1 i7??:.`I, iCJ N. (i' ~~?fir ?Crt2. ~Q ~J,',iC 3C$2.'C%,a,.ji:' ,~iCLn~CY1 ~C^?. ~C 3:6~i ?.O..CX Ic::d =nvrt7, ht.~a:re 1?i-i~'CC Ph. aL.J,', GRvira. ~AClG,.:pi- ~~7 ?+IC~aI: IQ. ,;.'.t:.'.3 : I?i -;.1trQ r~-~y ~~Grn:nr ps:(. 33d•1_--Z? F.n:hi =~C::-.:di •_Gi ~h. c.ia.Jl :d , tr^r~~NCC::C^t::~i•i~',' SVlC: ~4i.:w."9 +''::<.0.'.<•~tid p9rrr `lurrtnCn' 327•; ~A;C: ;di•J~2! vnC 1?7•i.:?a ® ~. ~` P~ ~- ~~ cc o~nt~ cc ~,va _ _ _ _ __ ~ ~ Judy Peavey-Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellusCc~achd.ada.id.us March 1, 2000 ~QR ~ O 20Q~,d C.W. Construction >:,.~~' ~~' ?"~~~~~ ~~~T 1300 S. Heidi Place Meridian, ID 83642 Re: Staff Level Approval MCUP00-010 Barrett Drive/Crestwood Drive Office Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to constrict an 1,800-square foot office/home. The site is located at the northwest corner of Barrett Drive and Crestwood Drive. This development is estimated to generate 30 additional (0 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on February 2, 2000, and submitted to the District on February 4, 2000, have been reviewed by the ACRD Plamling and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Plamling and Development stafEdecision is submitted as described within the Standard Requirements outlined below. C. On February 14, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On February 18, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development oil the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. ~"~ The following requirements are provided as conditions for approval: Site Specific Requirements: Constrict a 5-foot wide concrete sidewalk on Barrett Drive abutting the parcel adjacent to the existing curb and gutter. Construct a 5-foot wide concrete sidewalk on Cresrivood Drive abutting the parcel adjacent to the existing curb and gutter. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 4. Construct a 24 to 30-foot wide driveway on Barrett Drive, located as proposed, approximately 55-feet west of Crestwood Drive. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Barrett Drive. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a rec~iirement would result in a substantial hardship or inequity The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written. documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Pave 2 ~~icu~~ou-~~ i u ;i.~ /'\ The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all Hiles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Development Supervisor cc: Project file Lead agency Chron Pave 3 nice i~ou-~>> ~i_;i.~ i cQ C ~_ Z U W Q `Q 0 V ~.. , ~~ ~~~ w a~ m 0 ~; o o~ ~' o~ 0 N r O ~ Q7 OI O i ~D i O~ r1 O ' .~ . I• ~ Z ~[ I i i I '. I I I ~g ~ ~~ 4 ~- ! 3, C~'00~1 S'• ~~ Q a ~~~ ~ ~ ~~~ ~ ~ k~ g ~ ~~;i, ~~9~ Ii~~ ** TX CONFIRMATION REPORT ** /'~ AS OF MAR 12 '00 12 58 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 03/12 12 52 PUBLIC WORKS OF--S 01'22" 005 133 OK 02 03/12 12 54 LEGAL DEPARTMENT EC--S 02'09" 005 133 OK 03 03/12 12 57 2088886854 EC--S 01'36" 005 133 OK ~da l~ourzt~ fit' c C ~'LGUCL ~L~ t~"GCL O Judy Peavey-Derr, President 318 East 37th Street VPVC DIVCfiS, vice rresiaent Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (?08) 387-6100 Sherry R_ Huber Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellu achd.ada.id u~ March 1, 2000 C.W. Construction 1300 S. Heidi Place Meridian, ID 83642 Re: Staff Level Approval MCUP00-010 Barrett Drive/Crestwood Drive Facts and Findings: ~CE1VE~ MARS 0 2000 CITY OF MEBII)1AN Office A. The Ada County Highway District (ACZdD) staff has received the above referenced application requesting conditional use approval to construct an 1,800-square foot office/home. The site is located at the northwest comer of Barrett Drive and Crestwood Drive. This development is estimated to generate 30 additional (0 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on February 2, 2000, and submitted to the District on February 4, 2000, have been reviewed by the ACRD Planning and Development staff and conforms to applicab{e District stztndards!policy, or can be made to conform with the change(s) [o the plan described in the requirements stated below, This is a staff level approval and will not be heard by the .ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of"the Planning and Developmen[ staff decision is submitted as described within the Stand.u•d Requirements outlined below. C. On February 14, 2000, the District Plaivtin~z and Development staff inspected this site and evaluated the transportation system in the vicinity. On February 18, 2UU0, the slaCCntet as the District's Technical Review Committee and reviewed the impacts of ibis proposed devclopntent on the District's transportation system. The results ofthat analysis constitute the Pullowing Facts and Findin7s and recommended Site Speciftc Requirements. /-~ HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deweerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer Steve Siddoway, Assistant Planner ~j'~ ~~~~ ~~ Z tzcra7 aa~~3~-rax-csnwas~ -- ----- March 10, 2000 LIAR ~ :~ 2000 Cityr of I11eridias~ Re: Conditional Use Permit for relocation of a 1,800 S.F. Home/Office to the northwest corner of Barrett and Crestwood Drive in Crestwood Estates Subdivision No. 3, building to be used as Office Space in a C-N Zone by C.W. Construction, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is generally located at the NW Corner of Barrett and Crestwood Drive, which are near the intersection of Franklin and Linder Roads. The lot is currently zoned C-N. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses follow: North -Tennis courts and RV parking used by the residents of Crestwood Estates Sub., and a vacant C-N property on the corner of Franklin and Linder Roads. South -Grassed open space that also serves as a stormwater detention area for the subdivision, and single family residences, zoned R-4. East -Single family residences of Crestwood Estates Sub, zoned R-4 West - Stormwater detention pond owned by ACHD. GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. cuP-oo-oto CW Construction.CUP.doc Mayor, Council and P&Z March 10, 2000 Page 2 1. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance. 2. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 7. Provide sidewalks in accordance with City Ordinance. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: The subject parcel is a remnant area created by an illegal lot split when ACRD developed the large stormwater detention pond at the intersection of Barrett and Linder Road. 2. Sanitary sewer and water service line are not existing to this site, however main lines do exist in both of the frontage streets. Applicant would be required to extend service lines to the existing main lines. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be responsible for the actual physical connection of the existing building located within this development, and shall be required to enter into an Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping 5. 20-foot minimum landscape buffers are required along Barrett and Crestwood Drive to screen the commercial parking area from surrounding residences. Staff recommends in order to achieve an effective and attractive visual screen, trees should be planted at a mniimum of l 5 feet on center for the small (Class 1) trees proposed on the site plan. If larger (Class 2) trees are used, the spacing could be increased to 30 feet o.c. Evergreen conifers (i.e. pine and spruce) are prohibited as street trees. cur-oo-oio CW Construction.CUP.doc ,~", Mayor, Council and P&Z March 10, 2000 Page 3 /'1 6. One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. Based on the proposed site plan at least 4 of the trees provided must at least 3" caliper. The additional trees may go down to 2" caliper minimum. 7. The required landscape buffer is not to contain open gravel stormwater detention areas. Underground absorption areas must be designed to accommodate all of the required trees or they must be relocated to another area on site. 8. The surrounding buffers and setbacks shall be turf as shown on the site plan and shall not be gravel, rock, or paved areas. 9. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 10. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Staff questions the location of the handicapped parking stall in relation to the main entrance. Please explain. All stalls must meet minimum dimension standards, signage, and striping as per ADA. 11. No freestanding signs are being proposed and none are approved for this CUP. Any future freestanding signs will be considered a modification of this CUP. Only wall signs will be permitted and will be subject to design review and require separate permits. Any temporary or A-frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 12. City Ordinance requires driveways to be a minimum of 25 feet. All standard parking stalls must be a minimum of 9x19 as per city ordinance. 13. All tenants of the building must professional office uses or as otherwise permitted in the Zoning Schedule of Use Control. 14. No outdoor storage is permitted anywhere on the lot (i.e. behind the building). No portion of the lot may be used as a contractors yard. 15. The building should be repainted from the existing blue shades to another color more compatible with the residential uses (i.e. soft earth tones) and to update the appearance of the building. cuP-oo-oio CW Construction.CUP.doc :~ Mayor, Council and P&Z March 10, 2000 Page 4 ~"1 16. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use pernut will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. Economic Development Chapter 1.6 - ...support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land Use Chapter 2.SU Encourage compatible infill development which will improve existing neighborhoods. 4.3U -Encourage new commercial development within under-utilized existing commercial areas. 4.SU Discourage isolated neighborhood commercial development in residential azeas unless the uses are compatible with the Planned Neighborhood Commercial designation. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. Communi , Design Chapter 2.2U -Encourage area beautification through uniform sign design that enhances the community. 4.4U -Encourage landscaped setbacks for new development. RECOMMENDATION Staff recommends approval of the project with the conditions noted above. 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