The URL can be used to link to this page

ApplicationMayor Tammy de Weerd jCity Council Members: 4 E� Keith Bird 1 ')„Ah �� Brad Hoa -u g lun ddd C`- Charles Rountree t : David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: Transmittal Date: November 21, 2013 Hearing Date: December 19, 2013 File No.: RZ 13-017 12 -Dec -13 Request: Public Hearing: Rezone of 0.54 of an acre of land from the L -O to the TN -R zoning district for Sheryl 4-Plex By: JTC Inc. or Assigns Location of Property or Project: 3150 W. Sheryl Drive _Joe Marshall (No FP) _Scott Freeman (No FP) —Steven Yearsley (No FP) —Michael Rohm (No FP) —Macy Miller (No FP) _Tammy de Weerd, Mayor _Charlie Rountree, C/C _Brad Hoaglun, C/C _Keith Bird, C/C _David Zaremba C/C _Sanitary Services —Building Department / Rick Jackson _Fire Department _Police Department —City Attorney _Community Development _City Planner _Parks Department _ Economic Dev. City Engineer Your Concise Remarks: —Meridian School District (No FP) —Meridian Post Office (FP/PP/SHP only) _Ada County Highway District _Ada County Development Services _Central District Health _COMPASS (Comp Plan only) —Nampa Meridian Irrig. District _Settlers Irrig. District _ Idaho Power Co. (FP,PP,CUP/SHP only) _ Qwest (FP/PP/SHP only) —Intermountain Gas (FP/PP/SHP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. —Historical Preservation Comm. South of RR / SW Meridian: _NW Pipeline —New York Irrigation District _ Boise -Kung Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org Planning Division COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Private Street tShezone Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance F1 Other Applicant Information Applicantname: JTC Inc or Assigns Phone: 755-1061 Fax: Applicantaddress:c/o Jake Conklin/1099 S Wells Zip: 83642 E-mail: tylerjohnson.realtor Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned ❑ Other @gMail.com Ownername: Huit 1992 Revocable Trust Phone: Fax: Owner address: 7461 Ustick, Nampa, ID Zip:83687 E-mail:_ Agent name (e.g., architect, engineer, developer, representative): James Gipson Firm name: James Gipson Architect Phone: 939-0236 Fax: 939-0211 Address: P O Box 219, Eagle, ID Zip: 83616 E-mail:igarch@bitsmat.net Primary contact is: ❑ Applicant ❑ Owner ❑ Agent ❑ Other Contactname: Tyler Johnson Phone:755-1061 Fax: Contactaddress: 1099 S Wells St Meridian ID Zip: 83642 E-mail:_ Subject Property Information Location/streetaddress: 3150 W Sheryl Dr., Meridian, ID 83642 Assessor's parcelnumber(s): R8449870010 Township, range, section: 3N/IW/11 Total acreage: Current land use: Vacant Current zoning district: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 02/082013) Project Description Project/subdivisionname: - heryl 4— In ex / Tihurnn Meadows General description of proposed project/request: —4—plex t{n;a 1s`z�-ttol3 kt+a ,�C. f-1 retrt to �� i"�3G, ,t"Cc- Proposed zoning district(s): Acres of each zone proposed: TN -R Type of use proposed (check all that apply): K Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development?. Property Owner Which irrigation district does this property lie within? Nampa—Meridian Primary irrigation source: City Water Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point or connection is City water): 5 , S a!; Residential Project Summary (if applicable) Number of residential units: 4 Number of building lots: 1 Number of common lots: —0— Number of other lots: —0— Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2— 3 bedrooms: 4 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): 3,976 Proposed building height: 26'-4" Minimum property size (s.f): 13,460 Average property size (s.£): 13, 460 Gross density (Du/acre-total land): 12.94 Net density (DU/acre-excluding roads & alleys): 12.94 Percentage of open space provided: 41.5% Acreage of open space: 0.128 Percentage of qualified open space acreage: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): lanriscapinq F. common area Amenities provided with this development (if applicable): Play area E enclosed hike an rkiny Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes Multi -family ❑ Other Non-residential Project Summary (if applicable) N / A Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Total number of employees: Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: . Building: Paving: Number and ages of students/children (if applicable): Number of compact spaces provided: Date: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 02/082013) 0 NORTH TEN MILE ROAD N 01/22/14 P_" 11815' s oonsiz7 w Ils.n W 70 O'0 I mn n n n a IDA limn IDK m m I o I o ql zm y° DO I Am I I zm z70 (: mI 5'LLANDS APED 5U1 FE 6' FENCE I � \I N 01/22/14 P_" 11815' O O� 70 r-4, oad ro SHELVES M 3 D i —a Co I � S�U1 I - WDA m � 70 o m o I b d E I -1 3 70 ' pz v m rlt I CIO —a N I ME, MA A o I p o I i 3 I ' O O� m 14 Jarries Gipson, Architect PRINTCHEUK NOT TO BE USED FOR CONSTRUCTION cf •2S• 15 O z JAMEs PO N ARCHITECT R BOX 219 October 8, 2013 Project No. 1318 West Sheryl 4-Plex 3150 West Sheryl Drive Meridian, ID Meridian City: This will explain our application to rezone the above referenced property from L -O to TN -R. The purpose of this zone change is to allow development of the property with a residential 4-plex. We believe the zone change is both justified and beneficial to the City for the following reasons : 1) The property is presently undeveloped, and is not likely to be developed with a single-family residence, because of the adjacent and nearby commercial and other non-residential uses. The property to the East is currently occupied by a single-family residence. 2) The property is too small (0.309 acres) for most commercial uses. 3) The proposed residential 4-plex will provide an appropriate buffer between the relatively busy Ten Mile Road and the existing single-family residences to the East. 4) The traffic generated by a residential 4-plex is actually substantially less than that which would be generated by the highest allowed use in the L -O zone. This is based on the ACHD impact fee schedule, comparing a residential 4-plex to a 2,000 s£ medical office. (40.310=1.24 vs. 2x1.785=3.57). 5) There is a substantial need for moderate size and cost residences in the area; the proposed two and three bedroom units are likely to attract relatively small family groups. 6) The rental units will be compatible with the existing residential neighborhood, where a substantial number of the single-family residences within 300' of this site are not owner -occupied. 7) The zone change is in full compliance with the Meridian Master Plan. 8) The development of the property with the proposed residential 4-plex will be an attractive addition to the neighborhood and to the community in general, and will provide needed additional property tax base as compared with a vacant lot. 9) Appropriate exterior amenities, such as a small playground area and an enclosed bicycle parking area will be provided. The site will be fenced to contain children and limit unwanted access. 10) The site will be landscaped in an attractive manner, providing desirable screening from drive and parking areas, and creating a comfortable residential feeling, with adequate open space and buffering. 11) The proposed vehicular and pedestrian circulation patterns will provide for safe and easy access, with minimal on-site movement of vehicles. Vehicles will normally be directed away from neighboring residential properties. 12) Exterior lighting will be designed so as to avoid glare onto neighboring properties. 13) The exterior design of the proposed residential 4-plex will be in harmony with the neighborhood, in scale, composition, building mass, and colors. In conclusion, the proposed zone change will be a logical benefit to the neighborhood and the community, in full compliance with the Meridian City Master Plan. We respectfully request your approval of this application, and thank you for your consideration. With best wishes, JAMS IP ARCHITECT s R i e1101; "M ma € D' 1 November 16, 2013 Project No. 1318 West Sheryl 4-Plex 3150 West Sheryl Drive Meridian, ID Meridian City: This will explain our request for modification of the existing Development Agreement (RZ-04-007) pertaining to the subject property, Lot 01 Block 01 Tiburon Meadows Sub., Meridian, Ada County, Idaho. The reason for requesting modification of the Development Agreement is to allow a zone change of the subject property to TNR, and allow development of a residential 4-plex on the subject property. We note that the original Development Agreement RZ-04-007, dated August 19, 2004, included properties in addition to the current subject property, so the requested modification is intended to pertain to only the subject property. Section 3.3 of the existing Development Agreement indicates that the conditions are to apply to subsequent Owner(s) and Developer(s), so is still binding to the current proposed zone change and use. Sections 3.4 and 4 indicate a residential planned development, and the current proposal is for a residential use, in harmony with the original agreement intent. In accordance with Section 5, the current Developer has submitted or will submit application for the required permit(s) with Meridian City. Section 6 indicates requirements, which do not pertain directly to the subject Lot 1 Block 1. The proposed development will be in accordance with meridian Fire Department requirements, and no encroachment into the Lateral easement is proposed. The Preliminary Plat Conditions pertaining to the subject Lot 1 Block 1 are to remain. With the proposed zone change to TNR, the Conditional Use Permit issues, if any, will be revised to apply to the current proposed residential use. hi Section 7, we note that the Compliance Period indicated has been substantially satisfied, except that the subject property has not been developed. Sections 8, 9, 10, and 11 are to remain substantially unchanged, as they apply to the proposed subject property and the proposed residential use. We believe that the proposed modification of the existing Development Agreement is in harmony with the Comprehensive Plan and the intent of the original Agreement, and will be of significant benefit to the neighborhood and the entire community. We respectfully request approval of modification of the Development Agreement, and appreciate your consideration. With best wishes, JAMES G PSON ARCHITECT 2 ® LICENSED ARCHITECT AR -579 November 6, 2013 A PARCEL OF LAND BEING LOT 1, BLOCK 1, TIBURON MEADOWS SUBDIVISION AS RECORDED IN BOOK 91, PAGE 10789, ADA COUNTY RECORDERS AND PORTIONS OF ADJACENT RIGHT OF WAY, LOCATED IN THE NW V4 OF THE NW % IN SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 11, T.3 N., R.1 W., B.M.; THENCE S 00026'27" W 600.00 FEET ALONG THE WEST LINE OF SAID SECTION 11 TO THE INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF TIBURON MEADOWS SUBDIVISION EXTENDED,THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 88°37'46" E 162.90 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1, TIBURON MEADOWS SUDIVISION; THENCE S 01°22'14" W 145.25 FEET ALONG THE EAST LINE OF SAID LOT 1 EXTENDED TO A POINT ON THE CENTER LINE OF W. SHERYL DRIVE; THENCE N 88037'46" W 160.50 FEET ALONG SAID CENTER LINE TO A POINT ON THE WEST LINE OF SAID SECTION 11; THENCE N 00025'27" E 145.27 FEET TO ALONG SAID WEST LINE TOTHE OINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 0.54 ACRES, MORE OR LESS. �� ®.w fit EXHIBI T SEC. 3 SEC. 2 SEC. 10 SEC. 99 ta X , r 0 50 100 150 314-111-4-4-0-91-10789 REZONE DESCRIPTION FOR JTC INC. LOT 1, BLOCK I OF TIBURON MEADOWS SUMVISION. LYING IN THE MW 1/4 OF THE NVJ 1/4. OF SEC. 11, 13N., RIM, B.M.® 017Y OF WRIURN. ADA COUNTY, IDANO. 1. ALL BEARINGS AND DISTANCES ARE CALCULATED PER 1p- PLAT OF TIBURON MEADOWS SUBDIVISION RECORDED IN SK lb 91 PC. 10789 ADA COUNTY RECORDERS. RAUB S 88'3746" E 162.90' 114 (9en 0 BRASS CAP MONUMENT t2 LOT 1 A IJEASURMENT POINT LOT 2 0 REZONE PAFA am I w v OZ4 ACRES 86'37°47-W 192.98' + 160.50, .83, ......... . ... ..... -4— ..... N OW04-130 V1 267.33 . ............................................... .... .......... ..... ........ - e- WERY1 OR. N.1/16 COR. LINI 40 T OLK I 0 50 100 150 314-111-4-4-0-91-10789 REZONE DESCRIPTION FOR JTC INC. LOT 1, BLOCK I OF TIBURON MEADOWS SUMVISION. LYING IN THE MW 1/4 OF THE NVJ 1/4. OF SEC. 11, 13N., RIM, B.M.® 017Y OF WRIURN. ADA COUNTY, IDANO. CLOSURE LOT 1 BLK. 1 TIBURON MEADOWS SUBDIVISION Map Check LOT 1 BLK1 operator Date Course Bearing 1-2 S 88°37'46" E 2-3 S 01°11141" W 3-4 N 88°37'46" W 4-5 N 00°25'27" E closure error distance> Closure Precision> 1 in 23519.9 Sq. Feet 0.5 Acres Project Time Distance PT# Northing Easting Description 1 9400.02 9995.56 R.P.o.B. 162.90 2 9396.12 10158.41 NE COR LOT 1 BL 145.25 3 9250.90 10155.39 CL OF SHERYL DR 160.95 4 9254.75 9994.48 W. LINE OF SECT 145.27 5 9400.02 9995.56 R.P.O.B. 0.00000000 Error Bearing> N 90°00'00" E 614374255270.90 Total Distance Traversed> 614.37 Page 1 ROBERT L. ALDRIDGE, CHARTERED Atiomey at Law 1209 North Eighth Street Boise, Idaho 83702-4297 Telephone: (208) 336-9880 Bargain and Sale Deed d3J771j7 J. Rtcozc�i 4r 193 MY 19 Fin 12 41 15.17001517 THIS INDENTURE, made March 3, 1993, between the Stonehouse Evangelical Corporation, an Idaho non-profit corporation, 1450 North Ten Mile Road, Meridian, Idaho 83642, the Grantor, and IIUIT 1992 REVOCABLE TRUST, 1460 North Ten Mile Road, Meridian, Idaho 83642, the Grantee: WITNESSETH, that the said Grantor, for, and in consideration or, good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, and sells to the said Grantee, and to (lie heirs, assigns, transferees, and successors in interest thereof, forever, all right, title, and interest held by Grantor in that certain piece or parcel of land situate, lying, and being in the County of Ada, State of Idaho, particularly described as follows: A tract of land hi Section I1, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho more particularly described as follows: Beginnting at a point on the section litre which bears South 600.010 feet from the Section Carver c-ommrnt to Sections 2, 3, 10 and 11, Township 3 North, Range I West, Boise Meridian, Ada County Idaho; thence South along said section line 12-4.25 feet to a point: thence South 89003'40" East, 726.15 feet to a point; thence North 124.25 fMet M a point: thence North 89003'40" West, 726.15 feet to the place of beginning. Said tract contains 2.07 acres, more or less, subject to easements and road right-of-ways of record or in use. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversions, remainder and remainders, rears, issues and profits thereof: and also all the estate, right, title, and interest in said property, possession, claim, and demand whatsoever, as well in law as in equity, of the said Grantors, of, in, or ra the said premises, and every part and parcel thereof, with the appurtenances. TO HAVE AND TO HOLD all and singular the said premises, together with the appurtenances, unto the said Grantee and to its heirs and assigns forever. IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seat the day and year first above written. Dated March 4, 1993. . 147001518 STONEHOUSE EVANGELICAL CORP. r0e presioat ATTEST: Allkvc�' Secret. STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this March 4, 1993, before me, a Notary Public in and for said State, personally appeared ijaWey and 1poy Q , known or identified to me to be the President and Secretary, respectively, of Stonehouse Evangelical Corporation and to he the persons whose names are auached to the foregoing instrument and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto placed my official seal the day and year in this Certificate first above written. `,e�„uu,rrrp,o ee61 TA ,�'y Notary Public for Idaho '` Residing at Meridian s S .m.� Commission expires 7-1-94 o, S rem T .a••1 •..�� li eee ''••�r� o T tion•. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: fllIl.11del 14 Cf'JIl.tt,a 31;6-1 (name) (addrtis) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated thisday 20 / s Via/ / (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. (Notary Public for Idaho) CASSIS M FONTAINE NOTARY PUBLIC Residing at: STATE OF ID O My Commission Expires: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 33642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST THIS SECOND REFORMATION AND RESTATEMENT OF TRUST AGREEMENT is made and executed this 29th day of February, 2012, by and between GRETA Y. HUIT, of Canyon County, Idaho, hereinafter referred to as the "Grantor" and GRETA Y. HUIT, hereinafter referred to as the "Trustee." and WITNESSETH: WHEREAS, the Grantor executed the Huit 1992 Revocable Trust on July 16, 1992; WHEREAS, the Grantor first amended and restated the Huit 1992 Revocable Trust on September 24, 2009; and WHEREAS, the Grantor desires to again reform and restate said trust, effective this date; and WHEREAS, this trust agreement, which shall be considered an amendment to the original trust agreement, shall be the controlling trust instrument. NOW, THEREFORE, the Grantor and Trustee agree as follows: SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 1 ARTICLE I TRUST NAME AND PROPERTY 1.1 TRUST NAME: This Trust shall be known as: "HUIT 1992 REVOCABLE TRUST. 1.2 TRUST PROPERTY: The Grantor has previously transferred, conveyed and delivered property to the Trust. All property transferred and delivered to the Trust shall constitute the trust estate and shall be held, managed and distributed as hereinafter provided. 1.3 ADDITIONAL PROPERTY: The Grantor, or any other person, with the consent of the Trustee, may name the Trust as beneficiary of life insurance policies, retirement plans, or other non -probate assets, or deposit additional property with the Trust, or devise additional property to the Trust. ARTICLE II TRUST ADMINISTRATION WHILE GRANTOR IS LIVING 2.1 ADMINISTRATION FOR GRANTOR: Throughout the lifetime of the Grantor, the Trustee shall hold, manage and control the property comprising the trust estate for the benefit of the Grantor. 2.2 PAYMENTS TO GRANTOR: The Trustee shall pay to or for the benefit of the Grantor such sums from the income and principal, without limitation, as the Grantor may at any time or from time to time request. 2.3 GRANTOR DISABILITY: If the Grantor is unable to direct the Trustee with respect to distributions from the trust, the Trustee may expend for the Grantor such sums as the Trustee deems reasonable for the Grantor's support, maintenance and health. SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 2 2.4 PAYMENT OF GRANTOR'S TAXES AND EXPENSES: Upon the death of the Grantor, the Trustee is authorized to pay all or such proportion thereof as the Trustee may deem necessary, the debts, expenses of last illness, funeral and burial expense, costs of administration of the estate of the Grantor, and estate and inheritance taxes chargeable to the estate of the Grantor. 2.5 DISTRIBUTION OF ASSETS; After the death of the Grantor, the remainder of the trust, including any property added thereto following the death of the Grantor, after any payments permitted upon the death of the Grantor, shall be administered as provided in the following Article III. ARTICLE III ADMINISTRATION UPON DEATH OF GRANTOR 3.1 ADMINISTRATION FOR BENEFICIARIES. Following the death of the Grantor, the Trustee shall hold, manage and control the property which is directed to be administered pursuant to the provisions of this Article Ill, for the benefit of the Grantor's child, KENNETH C. HUIT, and the Grantor's grandchild CALVIN K. HUIT, sometimes hereinafter collectively referred to as the "beneficiaries" and each singly as a "beneficiary." The Grantor intentionally omits her granddaughter, CORENE KAY IiUIT JONES, and her issue, from taking any share of her estate or this trust estate. 3.2 SALE OF MERIDIAN DUPLEX: As soon as practicable following the death of the Grantor, the Trustee shall list the Meridian duplex having street addresses of 3100 Sheryl, Meridian, Idaho and 1456 N. Ten Mile Rd., Meridian, Idaho, (collectively the "Meridian "Duplex") for sale. Following the sale of the Meridian Duplex, the first $30,000.00 from the net SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 3 proceeds of such sale shall be distributed to CALVIN K. HUITT. The remainder of the net proceeds of such sale shall be distributed as part of the Trust remainder as provided in the following paragraph 3.3. The Trustee shall have a reasonable market time within which to sell the Meridian Duplex for its fair market value and shall not be required to sell it at its "quick sale" or liquidation value. 3.3 TRUST REMAINDER: As soon as practicable following the Grantor's death, the entire trust remainder, excluding the $30,000,00 to be distributed to CALVIN K, HUITT after the sale of the Meridian Duplex under paragraph 3.2, shall be distributed to KENNETH C. HUIT. 34 DEATH OF BENEFICIARY WITHOUT ISSUE: If any beneficiary should die prior to or during the existence of the trust without leaving issue surviving said deceased beneficiary, then said deceased beneficiary's share of or interest in the trust shall be allocated to the other beneficiary if then living or, otherwise, to the living issue of the other deceased beneficiary, by right of representation. Any share allocated to the surviving beneficiary shall be held and distributed upon the same terms and conditions herein set forth for said deceased beneficiary. Any share allocated to the living issue of a deceased beneficiary shall be held and distributed upon the terms and conditions hereinafter set forth in the paragraph entitled "Trust Continuation." Notwithstanding the foregoing, for the purposes of this provision, CORENE KAY HUIT JONES and her issue shall not be treated as the issue of KENNETH C. HUIT. 3.5 DEATH OF BENEFICIARY WITH ISSUE: If any beneficiary should die prior to or during the existence of the trust leaving issue surviving said deceased beneficiary, then the deceased beneficiary's remaining share of or interest in the trust shall be distributed to or continued for the benefit of the issue of said deceased beneficiary, by right of representation, SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 4 upon the terms and conditions hereinafter set forth in the paragraph entitled "Trust Continuation." Notwithstanding the foregoing, for the purposes of this provision, CORENE KAY HUIT JONES and her issue shall not be treated as the issue of KENNETH C. HUIT, 3.6 TRUST CONTINUATION: If any trust property is distributable to or continued in trust for the benefit of the issue of a deceased beneficiary, hereinafter referred to individually as "issue," who has not attained twenty-five (25) years of age, the Trustee may in its discretion: a. Defer, in whole or in part, payment or distribution of any or all property to which such issue may be entitled, holding the whole or the undistributed portion thereof as a separate trust for each such issue. b. Pay, distribute or apply the whole or any part of the net income or principal held for any such issue to or for the support, maintenance, health and education of such issue by making payment or distribution thereof to the guardian, conservator, custodian or other legal representative, wherever appointed, of such issue, or to the person with whom such issue resides, or to such issue personally, or for the benefit of such issue, and pay to or distribute any balance thereof to such issue when such issue attains the age of twenty-five (25) years, or, in the case such issue shall die before distribution of all the property, to the estate of such issue. The receipt of the person or persons to whom any such payment or distribution is so made shall be a sufficient discharge. SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 5 ARTICLE IV TRUSTEE POWERS, DUTIES AND SUCCESSION 4.1 INCOME AND PRINCIPAL ALLOCATIONS: Unless otherwise specifically provided, the Trustee shall determine whether all or any part of any payment or property received or charged, expense or taxes incurred, shall be credited to or charged against income or principal, or both, in the manner provided by the Principal and Income Act in effect at such times of any state in which this trust is administered, The determination of the Trustee as to what constitutes principal and income shall, unless otherwise provided herein, be conclusive and binding on all persons in any manner interested in any trusts created by this trust agreement. 4.2 TRUSTEE POWERS: To carry out the purposes of the trust or trusts created under this trust agreement, and subject to any limitations stated elsewhere herein, the Trustee shall have all of the powers and authority which are set forth in the Uniform Trustee's Powers Act, being Chapter I of Title 68, Idaho Code, as now in effect and as it may hereafter be amended. 4.3 COMPENSATION AND ACCOUNTING: The Trustee and all persons employed by the Trustee shall be entitled to reasonable compensation in accordance with the provisions of applicable state law. The Trustee shall reasonably account as to the trust and its administration as provided by state law. 4.4 SUCCESSOR TRUSTEE: a. Initial Trustee: The Grantor shall be the initial "Trustee. b. First Successor Trustee: Upon the death, resignation, or disability of the Grantor, KENNETH C. HUIT is appointed to be the successor Trustee. SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 6 c. Second Successor Trustee: Upon the death, resignation, or disability of KENNETH C. HUIT then CALVIN K. HUIT is appointed to be the successor Trustee. d. Vacancy in Office of Trustee: In the event of any vacancy as to the Trustee is not fulfilled by the aforedeseribed designations, then a successor Trustee may be appointed by a court of competent jurisdiction upon the petition of the resigning Trustee or any interested party. e. Resignation of Trustee: A Trustee may resign at any time by so notifying in writing the Grantor, if living, and to the next designated successor named herein. If the Grantor is not then living and no successor is designated hereunder, then such notice shall be given to any living adult beneficiaries and the legal guardians of any minor beneficiaries then entitled to receive distributions from the Trust. f. Authority and Responsibility of Successor Trustee: A successor Trustee shall succeed as Trustee of this trust with the same authority and powers and subject to the same conditions as are herein set forth for the initial Trustee(s). No successor Trustee shall be responsible for or need to inquire into any acts or omissions of any prior Trustee. g. No Bond Required: No Trustee nominated under this trust agreement shall be required to post any bond to secure the faithful performance of the Trustee's duties hereunder. 4.5 CHARACTER OF DISTRIBU'T'IONS: Unless otherwise specifically stated, all distributions; whether of trust income or principal, shall be the separate property of each individual distributee, All income, rents, issues, profits, gains and appreciation of property SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 7 distributed to each individual distributee as separate property shall also be the separate property of each such distributee. 4.6 SPENDTHRIFT PROTECTION: Neither the principal nor the income of any trust herein created shall be liable for the debts of any beneficiary or issue of a beneficiary, nor shall the same be subject to seizure by any creditor under the writ of proceedings at law or in equity, nor bankruptcy proceedings, nor other legal process. No beneficiary or issue of a beneficiary, shall have the power to sell, assign, transfer, encumber or in any other manner to anticipate disposition of his or her interest in the trust estate or the income produced thereby. As used in this paragraph, the word beneficiary shall refer to any individual having a beneficial interest in the trust and not merely to an individual that the trust ,may specifically identify as a "beneficiary." ARTICLE V REVOCATION, ALTERATION OR AMENDMENT The Grantor reserves the right and power to alter, amend or revoke this Agreement at any time and from time to time, either in whole or in part, without the consent of the Trustee or any beneficiary hereunder, by written notice to the Trustee to that effect; provided, however, that the duties, responsibilities and rate of compensation of the Trustee shall not be altered or modified without its written consent, Upon the death of the Grantor, this trust agreement shall be irrevocable. SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 8 ARTICLE VI GENERAL ADMINISTRATIVE PROVISIONS 6.1 DEFINITIONS: a. The "Coale" means the Internal Revenue Code of 1986, as amended. b, Whenever provisions are made in this Trust Agreement for payment for the "education" of a beneficiary, the term "education" shall be construed to include college and postgraduate study and study in any accredited vocational or trade school, so long as pursued to advantage by the beneficiary, at any institution of the beneficiary's choice; and in determining payments to be made for such college or postgraduate education or study at an accredited vocational or trade school, the Trustee shall take into consideration the beneficiary's related living expenses to the extent that they are reasonable. All decisions as to whether studies are being pursued to advantage shall be determined by the Trustee. 6.2 SITUS: This Trust is established and accepted by the Trustee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. 6.3 HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this trust agreement and shall not be used in interpreting or construing this trust agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. �5)4 'GRETA Y, HUI "Grantor" SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 9 I STATE OF IDAHO ss. County of Canyon . Y 9/"C" � GRETA Y: HrJIT "Trustee" On this 29`x' day of February, 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared GRFTA Y. HUIT, known or identified to me to be the person whose name is subscribed to the within instrument, and aeknowledged to me that she executed the same. IN WITNESS WHEREOF, I have he, nto set my hand n I d my official seal the day and year in this certificate first above tten. (SEAL) ��.�n�,,,�.e.+ otary Public for Idaho `•o A, ROS'++++,+ Commission expires: � .1 �Q TltR ,• °• w • ! n lUBL1C OF SECOND REFORMATION AND RESTATEMENT OF THE HUIT 1992 REVOCABLE TRUST - 10 AllAll v III a� n �€�-' oil pip,;5111 5A � - 3 air, tgRI ON �� go" RIO a 112 i 6 Immix fi fflo g $ � " .P 'a� �� as •€ �` � € y ....................................... s 00.25'x7' W (1) RM OF REONG 132A3e•pJ2R.21'HO.................................... S 0025-27- W ({) _ 1]7&1{''p W (11,21'x{) �� , 21W - 1/aT aw.se VS - N. REN NILE Ra xwrE Ax M1 tsr0®m R N ro xcxa Nxr xa ra+a7u x +o rz m Rar rc rxr Nmm a RNC y�9 �' ` - 500 252rW I _ roACNR. xslailJa+uw $� Wlr--''..JIIzN ' b'k3 na' n.ar A cnE3 : g@ tJill ar+arrt Amnm �� g �' - x &- wRtrRt � ISI J•, "z o 2: `ra Mir __-Nort2Rtc__ sass'_ �a_ ilia. II tV AA ��"$y 11 ruar I ruarl rszar-1 r -mar, t rxiar rRxar r.:ar zar uar � -ROIt! _� y � b ri1�¢ bs I sll I II lr 11' 1 I� zuZG'zyy �?,-Ig r13 oe 0 1 I 5 e o h7®y g I# rfs 17- 5-y@ .".itl a tl �". i ( a YL _ronxlrt -J v'y>" �p I; JII ' (•--+mar- t 2W'ti Lrimn'xt - {t uar \ L Fla Lw�J L e{Is'— xa rt {mar / IArvYrT u R y Ozoy FYI{t it 8p rues N. MCO WAY j1z rmznrt�.V r—mar—� r tl Ctl O XO;rrt M 6 IKSI@£ II ^ a 1: Rs sad-moYo a C'] ka 4 a tj b vsr _j # � mrn _ I # m rN IR +lt lab i o aL- Ivlli 6 ROF __ _ $gg $ s_ " 1 y r -wza• m -I i f„ r�i RRn•%tJ ff Ram Y r -ab•- ,'I{( �I "V141 +HSR' 7Fy 5 t'a IRIh1rt'� rR.a1Ur.W �.i y n u = _ xmOrlrz law• Wn tn- �— `�- aEIANEY WAY —'t 'L`7- — a 4p r IWI -Ma -Ji r_ l a.orl rte, '�'z-� an wratiRt 9 ` xntrl.t 1 rxRrss Sag INC �, I I I' I I I I■■ I' l 7- ., r xmnli `` um �%R \ O K § Lx»trYBt 7 I I r 5€ 8 rear �Jq o �8 .� sQi m'f �F{ ,$i s o .p i L-'"'n'a'ti ,t� �b l�ufi o frl fpf�' — yia0. �—y,J Lpm,J L L J L — J L _ J L IILsr"p� 3Ie �N _ rC6R Har Har d`av' s3-RSJ L _ L _ —.— — O �1 W s ao• u' ss• (xoom' x2x1)- INRRI N[ RpaFAS FA I R M" M 94MRI Ma{ rFIIa YT Wa� a XeearH'R r¢ mz I m CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: City Staff:Iva r 4in, Grua Location: 350 W. S Comprehensive Plan Future Land a Map Design Guidelines Development Context: _ Proposed Use: 4-ptex Existing Use: V(ienxrF Surrounding Uses: SrR r Cywrch Street Buffer(s) and/or Land Use Buffer(s):. Open Space/Amenities/Pathways: Access/Stub Streets/Street Svstem: dt(et' U Proposed Zoning: Existing Zoning: _ G Date: to I 2+ of Property: a, 3 t Sewer & Water Service: Cy4eod ser"cps v ' Topography/Hydrology/Floodplain Issues: I jA Canals/Ditches/Irrigation/Hazards: History: (of 1 , BIIL1 ,'7'iburKYN Mea a-wi Sub. - R.'L- of-oo't CA �w to4t17 '89 Additional Meeting Notes: i� Note; A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. Itis the applicant's responsibility to contact & transmit the TIS to ACRD. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to'submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-6178 or Christy Little at 387-6144 at ACHD to determine if a TIS is required or for any questions in regard to ACHD conditions, fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway District ❑ Nampa Meridian Irrigation District ❑ Public Works Department ❑ Idaho Transportation Department ❑ Settler's Irrigation District ❑ Building Department ❑ Sanitary Services Company ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit ModificationfTransfer Rezone ❑ Alternative Compliance Development Agreement Modification ❑ Short Plat ❑ Annexation Final Plat ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except fora vacation orshortplat); and 2) All applicants forpermits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. `�� z //� ��\\��\ � \\//\�\\{ nm COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agent signature /L);1cF 113 Date 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 • Website: www.meridiancity.org E I�IAK� - Community Development Address/Parcel Verification Date: 10/29/13 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The address/parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Lot Rezone/Development Modification Agreement Address: 3150 W. Sheryl Dr. Zip Code: 83642 Lot/Block/Sub: 1/1/Tiburon Meadows Parcel Number: R8449870010 Acres: .309 T/R/S 3N 1W 11 Property Owner: Huit 1992 Revocable Trust 7461 Ustick Nampa, ID 83687 Address Verification Rev: 04/23/12 Meridian Building Services Parcel Verification Request Reuuestor Name TG.y .czz€e_7•yid.( —' Phone ds'k> iil Address i/3,/ % i -J. bjh " (?,-r- Fax Email ,fal'e 0Qfa4ce,�v, Please check the appropriate box(s) below and submit the required information to ore. Please allow one business day,for reply. Type of Application(s) ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Conditional Use Permit Minor Modification De elopment AgreemeritlGlodfficpriori ❑ Fin—al-Plat-- 0 inalPlat__—❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Property Boundary Adjustment 4. ezo ❑ Short plat ❑ Time Extension (Commission or Council) ❑ Time Extension (Director) ❑ Vacation (Council) ❑ Variance ❑ Other Required Information: Project Name _ Parcel Number(s) Vicinity Map — highlight subject parcels and include adjacent street name(s) 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridimeity.org � ,e :m&r ;}22\ , e [ 2 = C _ m ® ® N ® ) j 3 \ w « ' § w , \ ,_ z \ ,Ar # _- - \ 690E# ( ,a, E ,o ,e6 \g� , ( a:B&�e / \ «# / 9 , DO \ as -E » a® . --� y� ,_ [ 0Ma a0 \\)�,� `2998 \ [!°- f`m ( * ®§, \- w ( \- — --- « NES A ( DIM 5'3 PR \ s: \ ƒ + ® ( 4f S w y .E �z \az 2949z6 }}}j/ ' § w , ,_ z \ ,Ar # _- - \ 690E# ( ,a, E ,o ,e6 \g� , ( a:B&�e / \ «# / 9 , DO \ as -E » a® . --� y� ,_ [ 0Ma a0 \\)�,� `2998 \ [!°- f`m ( * ®§, \- w ( \- — --- « NES A ( DIM 5'3 PR \ s: \ ƒ + ® ( 4f S w y .E �z \az 2949z6 }}}j/ Hearing Date: December 19, 2013 File No.: RZ-13-017 Project Name: Sheryl 4-Plex Request: Request for a rezone of 0.54 of an acre of land from the L -O to the TN -R zoning district, by JTC Inc. or Assigns. Location: The site is located at 3150 W. Sheryl Drive, in the NW '/4 of Section 11, Township 3N., Range IW. File No.: MDA -13-022 Request: Request for an amendment to the development agreement to update the zoning and development plan for the site, by JTC Inc. or Assigns.