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HomeMy WebLinkAbout1994 05-17__~- _ _ _ _ ~ ~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, MAY 17, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS ~WELCOME TROOP #128 MItVUTES OF PREVIOUS MEETING HELD MAY 3, 1994: (APPROVED) 1. TABLED AT MAY 3, 1994 MEETING: LEASE AGREEMENT WITH KEN HAMILTON PRESENTATIONS: (TABLED UNTIL JUNE 7, 1994) 2. FINAL PLAT: SALMON RAPIDS SUBDIVISION, 49 LOTS BY FARWEST DEVELOPERS: (TABLED UNTIL JUNE 7, 1994) 3. COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SALMON RAPIDS: (APPROVED WITH CONDITIONS) 4. FINAL PLAT: LOS ALAMITOS SUBDIVISION, 28 LOTS BY FARWEST DEVELOPERS: (TABLED UNTIL JUNE 7, 1994) 5. COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LOS ALAMITOS PARK: (APPROVED WITH CONDITIONS) 6. COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HUNTS BLUFF NO. 2: (APPROVED WITH CONDITIONS) 7. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION BY STEINER DEVELOPMENT: (APPROVED WITH CONDITIONS) 8. FIELDSTONE MEADOWS NO. 4: PRESSURIZED IRRIGATION WAIVER: (DENIED) 9. MIKE MACGOWAN: ADVERTISING SIGN: (DENIED) 10. GAINELLE MASSOTH: GROWTH AND EXPANSION: 11. GENE SHANKS: MERIDIAN SENIOR CITIZENS ASSOCIATION FUNDRAISING: 12. PINE STREET SCHOOL AGREEMENT: (APPROVED) 13. DEPARTMENT REPORTS: A. WAYNE CROOKSTON, CITY ATTORNEY ~ ~~ 1. AMENDED ORDINANCE #610 - FOTHERGILL/ EWING (APPROVED) 2. AMENDED ORDINANCE #619 - SUMMERFtELD (APPROVED) 3. AMENDED ORDINANCE #625 - REZONE TO L-0 (APPROVED) 4. AMENDED ORDINANCE #630 - HERON COVE (TABLED UNTIL JUNE 7, 1994) B. SHARI STILES, CITY PLANNER 1. DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBD. (TABLED UNTIL JUNE 7, 1994) C. WAYNE FORREY 1. HOUSING INVENTORY AND WATER ANAYLSIS (APPROVED) ~ ~. MERIDIAN CITY COUNCIL MAY 17, 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Toisma, Max Yerrington, Walt Morrow: Members Absent: Bob Corrie: Others Present: Wayne Crookston, Shari Stiles, Gary Smith, Bill Gordon, Jim Johnson, Anna Doty, Wayne Forrey, Bev Donahue, Don Bryan, Estaline Ewing, Lucilie Wood, Julia Stilowich, Gene Shanks, Marty Goldsmith, Mike Shrewsberry, Jim Merkle, Gainelte Massoth, Mike MacGowan: MINUTES OF PREVIOUS MEETING HELD MAY 3, 1994: Kingsford: Are there any corrections additions or deletions to those minutes? Tolsma: Mr. Mayor, 1 move they be approved. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the May 3rd minutes, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED AT MAY 3, 1994 MEETING: LEASE AGREEMENT WITH KEN HAMILTON PRESENTATIONS: Kingsford: Mr. Tolsma, would you report on that please or Mr. Crookston. Tolsma: Mr. Crookston wrote it up. Crookston: Mr. Hamilton is going to get with me or with Ron and he has not done so. Se we have not progressed anywhere. Morrow: Mr. Mayor, I would move that we table this until the next meeting. Yerrington: Second Kingsford: Moved by Walt, second by Max to table the lease agreement with Ken Hamilton Presentation until the first meeting in June, all those in favor? Opposed? ~ ~ Meridian City Council May 17, 1994 Page 2 MOTION CARRIED: All Yea 1TEM #2: FINAL PLAT: SALMON RAPIDS SUBDIVISION, 49 LOTS BY FARWEST DEVELOPERS: Kingsford: Does Council have questions on that issue? Morrow: Mr. Mayor, I have questions of Gary Smith. Gary could you bring us up to speed, ! have some questions from your memorandum dated May 12, item 6. The conflict betvveen square foofages on the plat for houses and do we have the verification of 8,000 square feet in the lots 2, 22, 24 - Block 4 and Lot 12 - Block 4? Smith: Mr. Mayor, Council, Councilman Morrow, 1 haven't heard anything from the developer or his representative concerning those questions. Morrow: So in other words on your memorandum the 14 items have not been addressed, any of the 14 items? Smith: I did get a copy of the street name approval from the Street Name Committee, and that is all. As 1 mentioned earlier I haven't heard anything from the developer or his representative. At least I don't remember hearing anything. Yerrington: Gary, have you had anything on the development agreement? Smith: Have 1 had anything on it, no. I haven't been involved in those. Tolsma: I have a question for Gary, on this proposed well site that he had proposed. I se now that he expects reimbursement for that. Smith: Yes, Tolsma: It seems the cost of that reimbursement is exorbent of what we had in the past. Smith: I don't have a number available to me at this moment Councilman Tolsma. The one lot that I am aware of that we did reimburse a developer for was in the Vineyards subdivision. My length of time here since 1985 that is the only well lot that we have reimbursed a developer for. All the others have been donated to us. In that particutar case pressurized irrigation/ well development fund fees were reduced by the value of the well lot at the request of the developer. Tolsma: But the developer also landscaped and does all the maintenance on the • Meridian City Council May 17, 1994 Page 3 landscaping. ~ Smith: Yes, he fenced it, it is part of his perimeter fence, he did landscape it all and the homeowners association is maintaining the lot. Morrow: Mr. Mayor, 1 am a little cor~fused here, I thought the well lot issue was in respect to Los Alamitos subdivision and are we not on Salmon Rapids. Tolsma: Yes we are, I just questioned that to play with you. Smith: I might mention Councilman Morrow some of these things that I have outlined in my review are things that would normally be taken care of by the engineer, land surveyor at the time they resubmit the plat for signature. If those are items are accomplished by that time then I will go ahead and sign the plat And it won't go any farther in the city's sign off process. So when the plat is resubmitted if each one of these things has been addressed that appear on the plat, if they haven't been addressed at that time the plat goes back to the developers represerrtative. The one item concerning the 1800 square feet versus the 1500 square feet, I don't have any way to resolve that issue. I don't know what the developer intends to do based on the 2 statements of the square footage. The other things that are specific to the plat 1 can take care of that at the time it is resubmitted for signature. Morrow: 1 have one more question with respect to the fencing commitment between Kachina Estates which would be to the south of this subdivision that would properly appear in the development agreement? Smith: I would expect that would be in there. Morrow: And the development agreement hasn't been constructed as of yet. Smith: 1 don't have any information on that. Are there any more questions for me? Kingsford: Thank you Gary, does Council have any more questions for staff? Morrow: I have questions for Wayne, you have read and reviewed the covenants and restrictions. Crookston: I have Kingsford: Those are in the next item, Item 3 is covenants. Do we have anything else for the final plat first. Perhaps they should have been first in that order. • • Meridian City Council May 17, 1994 Page 4 Morrow: No, I guess I have some questions in respect to the, in the letter in our packet dealing with the pressurized irrigation. There was a request for waiver, so I guess my question is are we dealing with the request for waiver at the same time we are dealing with the preliminary plat. Kingsford: Final plat Morrow: I'm sorry final plat, Kingsford: That would be the appropriate time. Morrow: So do we need to to 2 motions, one to deny the request for waiver or approve the request for waiver as the case may be? Kingsford: That would be correct. Morrow: Okay, I move we deny the request for waiver of pressurized irrigation system. Yerrington: Second Kingsford: Moved by Walt, second by Max to deny the waiver for pressurized irrigation for Salmon Rapids subdivision, all those in favor? Opposed? MOTION CARRiED: Ail Yea Morrow: I would move we approve the plat based on or subject to the conditions of Gary Smith City Engineer and Shari Stiles the City Planning & Zoning Director. Tolsma: Second Kingsford: It has been moved by Walt, second by Ron to approve the final plat of Salmon Rapids subdivision conditioned upon the recommendations of the City Engineer Gary Smith and the Zoning Administrator Shari Stiles be met, all those in favor? Opposed? Nea: Yerrington Kingsford: Do you care to comment? Yerrington: My reason is they should have the development agreement and this item should have been tabled until that development agreement was put before this body. ~ ~ Meridian City Council May 17, 1994 Page 5 Kingsford: I think I certainly endorse that, we are going to have to have those in. They lollygag along and things are half built before we ever see those things forth coming. Morrow: Let me ask this then, what is the status of the development agreement through the City Attorney's office, the preliminary? Kingsford: I think you should start with Shari, have you seen anything on that? Stiles: Mayor and Council tonight I will be submitting a draft of the Summe~etd subdivision development agreement. This is based on what Wayne Crookston has submitted as a draft copy. And if I can get with Wayne and Gary Smith on some site specific information such as well lots and things like that which will be required for each subdivision. It is just going to take some time to sit down and get those site specific items down. I think what Wayne has provided is a good base and we just need to prepare the exhibits for those site specific items I would say in the next 2 to 3 weeks if we can get together and have time to go over those. Morrow: I guess my question is, I have no problem with, I think the development agreement needs to be part of this package when we bring these proposals before us so we can see exactly what it is that is expected so we know, the public knows and more impartantly the person providing the service knows what is expected of them. My question is can we interject the development agreement into the normal flow process so that it is, when these things come before us in terms of the final plats that they are there and we can either approve or disapprove as the case may be the entire proje~t or portions of it or so on and so forth. Stiles: I believe Wayne Forrey will be presenting tonight a really good idea about having the developer essentially come up with a written commitment that outlines everything that was represented during the process. And answers all of the questions that staff and agencies have come up with. Which will help us in the process so it is not so staff intensive and time consuming to go back on these prior projects. Kingsford: Well, 1 think very definitely those things that the development agreement ought to be a part of and submitted with all the other items that come in prior to final plat hearing. We are getting out ahead of ourselves when we don't do that. Morrow: Well I don't disagree with that. Yerrington: Could we withdraw the motion? Kingsford: Well, you could make the motion to reconsider. u Meridian City Council May 17, 1994 Page 6 • Yerrington: I make a motion that we reconsider the last motion which was passed. Tolsma: Second Kingsford: Moved by Max, second by Ron to reconsider the issue of final plat for Salmon Rapids subdivision, all those in favor'? Opposed MOTION CARRIED: All Yea Kingsford: Reconsideration. Yerrington: 1 make a motion that we table this item until we have an development agreement in place and postpone it until are next general meeting, the first meeting in June. Tolsma: Second Kingsford: Moved by Max, second by Ron to table this until the next regular meeting in June pending a development agreement, discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SALMON RAPIDS: Morrow: I had a question for the City Attomey with respect to the covenants and it was primarily a question with respect to. It is my understanding that covenants set up a mechanism by which homeowners fees can be charged monthly association dues or special assessments? Crookston: Well, I don't have my copy here, I submitted it to Will. I believe that they do. They do have that, my comment on that was there was that they don't address a regular annual assessment which I thought was not a good deal. I think there should be a regular annual assessment. There is a comment that a quorum of not less than a majority of the members entitled to vote shall be required at such meeting. That means all people who own lots which is very difficult to obtain because they don't go to the meetings. I don't thing that is a good idea. There are some wording changes that are very minor. This is certainly a comment that is totally to be decided, it says all lots shall have fencing that is completely up to him, it is just a comment. Just a comment on some notes to an owner for items that are reviewed and disapproved, the comment that I think there should be language in there that the covenants are reviewed. They are set for a term of 40 years but there is no language that they are renewed or consecutive periods of whatever term • Meridian City Council May 17, 1994 Page 7 • Mr. Goldsmith desires. I have that it should be renewed for consecutive 10 year terms unless revoked by 2/3 majority by all members. 40 years go by and then they are gone. But there is a homeowners association that can assess dues. I think it needs to be structured a little differently just for the benefit of the subdivision. I think that is totally up to the developer. Kingsford: Any other questions with regard to the covenants? Morrow: I think the covenants are up to the developer and that they meet certain criteria that we have. One of the things that 1 am uncomfortable with is the inability of the things to review. The other thing is that by voting I think the quorum issue needs to be addressed. In my opinion in subdivision that is where government starts and it should be functional at that level and it works the best there. So, I think that I would like to see in the covenants in general a structure that they are workable within the subdivision, that they renew and that also they have a means of assessing regular be it monthly or yearly assessments for maintenance of common areas and whatever normal business would come before that homeowners association. Kingsford: Can I ask counselor, what is the suggestion with regard to a quorum? Crookston: Well, the way that Marty has these set forth is you need a quorum you have a majority of all property owners. That is very difficult to achieve, to promote the business that needs to be conducted by the association. Kingsford: That would be true under the assumption that there was a lot of rental property, that is not the case here. During development stage Mr. Goldsmith is going to be a majority and at the time those things build each person will be there. I guess I don't see the problem necessarily. Crookston: Well, I have been involved in 2 or 3, I have lived in one with homeowners associations, I have put together 2 or 3 associations for developers, and it has just been my experience that you need to have it so that a majority constitutes a majority of those people that are at the meeting. Then you have your officers that run their meeting and they basically control the association but to have a general meeting for instance where you elect officers to do that to get a quorum of a majority of all lot owners you are not going to get it. Kingsford: You could call a meeting though and not advertise it very well and a majority might be two people. Crookston: That is correct but you do have to give a notice. ~ ~ Meridian City Council May 17, 1994 Page 8 Kingsford: Does it stipulate in the covenants what notice will be given? Crookston: 1 don't remember that. Kingsford: Well, let's don't haggle over that, that is something that ought to be discussed and addressed befinreen the developer and which largely that is his concern anyway. Crookston: Written notice of any meeting called for purposes of making a special assessment says 20 days notice sent to all association members not less than 20 days prior to the meeting. Generally what you end up with is you end up with a few people running the association. But if you don't have that it doesn't get run at all. Kingsford: Well, I would suggest that the Council consider approval of the covenants conditioned upon an agreement with the City Attorney and the developer. Yerrington: I would make that motion. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of the covenants and conditions and restrictions for Salmon Rapids subdivision conditioned upon an agreement with the Attorney and the developer, all those in favor'? Opposed? MOTION CARRIED: All Yea ITEM #4: FINAL PLAT: LOS ALAMITOS SUBDIVISION, 28 LOTS BY FARWEST DEVELOPERS: Kingsford: Does council have any questions for staff? Morrow: I have a question of Gary on item 17, it says provide recorded data showing that this length of Nine Mile Drain is owned by the Bureau of Reclamation, if they are owners should this be shown as a lot and require them to sign on the plat. Do we have a resolution to that question? So we don't know if they are owners or not. Smith: Mr. Mayor, Councilman Morrow, the Iot is shown on the plat as a lot as a separate lot the way it is drawn. Which indicates that it is under a separate ownership. Generally speaking if it is an easement if it is there by easement the ownership goes to the center of the ditch and then an easement line is shown. And that is why I raised the question. Morrow: And thus far we don't have an answer to that question? ~ ~ Meridian City Council May 17, 1994 Page 9 Smith: No, that is correct. I haven't heard from anybody on these questions. Morrbw: Okay, on any of the questions? Smith: No, the only thing I received is I did receive a street name approval letter from Ada County Street Name Committee. Morrow: I have some questions of Shari, if no one else has questions for Gary. Kingsford: Any other questions? Shari Morrow: You have a letter dated the 17th to us showing several points were raised on street configuration has changed from the previously approved preliminary plat. And Nine Mile Drain previously shown as being tiled is now open. Applicant has requested a variance from tiling and pressurized irrigation requirements. So he has requested 2 variances there is that the issue? Stiles: I am not sure that there is a variance, I guess he would need to have a variance on that Nine Mile Drain now even though he is not sure if it is 54 or 60 inches. According to our ordinance I guess if it is 60 inches they wouldn't have to tile that. There is another lateral that is further east of this platted portion that would require a variance. So, I guess the tiling may not apply to this particular plat. Morrow: And that was a request for the waiver of pressurized irrigation easement 1'm sorry requirements? Stiles: Yes Morrow: Okay, then item 5, dealing with the City's understanding that the applicant was providing a well site and working with the school district to provide a 3 acre school site, there are some conflicts going on here with respect to whether the well site is going to be provided or a pressurized irrigation waiver is going to go there. Apparentty none of that has been resolved as of yet, is that correct? Stiles: I believe he is going to do the well site, you still have to decide on the waiver. It was Gary's understanding and from reading all the minutes it was always donated. Now we have received the letter from Mr. Goldsmith that you have in your packet requesting reimbursement and also talking about the park/ school site. This is another one that requires a development agreement. Morrow: I have no more questions for Shari. • • Meridian City Council May 17, 1994 Page 10 Kingsford: Other questions of the Council? Morrow: Mr. Mayor I think obviously in terms of this project there are a lot of gray areas here. I think the gray areas I am concerned about that we do not grant a waiver from the pressurized irrigation apparently by not granting that waiver if we elect not to that triggers same renegotiation with respect to the well lot in terms of different positions. There are also some different positions in terms of the three a~re school park issue of ground. tt looks to me like in the case of this subdivision proposal that there is sut~stantially more reason to table this than the prior one in terms of executing a development agreement because there are critical issues here that need to be spelled out. Having that in mind I would be in the frame of doing 2 motions so that at least the staff and developer get some guidance with respect to the pressurized irrigation. My first motion would be that the request for waiver from the pressurized irrigation system be denied. Yerrington: Second Kingsford: Moved by Walt, second by Max to not allow the waiver for pressurized irrigation, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: My second motion would be that we table this to give the staff and Mr. Goldsmith the opportunity to get the development agreement up and before us for the next City Council meeting so that we can address all the issues and hopefully there will be a resolution on the well lot issue and on the 3 acre school issue prior to that time so we have a proposal that has all of these things covered and we can base our decision on that proposal. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table Los Alamitos Subdivision until the next meeting with direction to staff and developer to get the development agreement so it is prepared for the next meeting, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Goldsmith: Mr. Mayor and Councilmen, 1 have addressed all of these issues on here and I would really like to see this plat move forward as I can name the last 3 times that we ran into problems with these plats as I have tried to get before you. The latest issue seems to be the development agreement and I have written a letter to Shari Stiles and she is in receipt of it and it clearly outlines my understanding as my talks with her and Wayne • • Meridian City Council May 17, 1994 Page 11 Forrey. They are that you guys wanted the job to prepare those documents and now it seems that it may fall on me. Kingsford: Well, in any event Marty I think they have got to be done. You are the one that wants to do the project, you are the one that wants to see it done. We have a conffict as to whether developers are going to give a 3 acre site, I think that is critical because we are talking about 3 other developers that fall in that same category. The minutes of the meeting clearly show that it was a gift, there is a different between a gift and a sale. Goldsmith: The 3 acre site. Kingsford: As Mr. Morrow said I think there are some very clear problems that we have in moving forward. It is incumbent upon you to see that we are in agreement to see what they are. Goldsmith: I have no problems, I was thinking that guys would pay for this school site in some other fashion then what Dan Mabe has proposed and he is willing to pay for the property and has a contract being drawn up on it now. It does not affect these phases right now and I will put in pressurized irrigation that does eliminate 2 of our 3 topics there and I will donate the well site. 1 would appreciate your guys expediency on these matters and helping me get cleared up. For small steps in the past we have gone 3 meetings and not been able to address these issues. 1've tried to get some meeting with you guys to get this cleared up. Kingsford: Have you been in to talk to staff about these things? Mr. Smith for example says he hasn't had any comments back on a large list of items. Ms. Stiles said she got a letter from you, have you been in to talk about these items? Goldsmith: I have spoken to Gary and I have seen his review comments and there is nothing on there that we are not going to comply with. Kingsford: But, did you transmit that to the city? Goldsmith: No I did not Kingsford: Well, we are not mind readers. The Council would like to know that those things have been taken care of at least that is what t am reading. Goldsmith: The covenarrts is a typographical error, I mean the 1800 square foot lots and that is something I know all of those issues with Gary can be taken care of on the final plat. I really think that all of these issues are in hand at this time. And that I would hope that . Meridian City Council May 17, 1994 Page 12 • you guys would move forward and approve it contingent upon a development agreement to your satisfaction. This is the third time that I came in on these. Kingsford: I don't dispute that, I recognize your face. Goldsmith: One time I came in and it was just a typographical error on our schedufing, I was heard for an ordinance and not an ordinance and preliminary p{at. And there have been 2 other misunderstandings and I am just trying to get them cleared up. Kingsford: Does Council desire to reconsider? Morrow: Mr. Mayor, Mr. Goldsmith and I have met to try and get the issues with Kachina Estates and those things taken care with respect to the pressurized irrigation things taken care of and he has been very cooperative about that. I am not willing to withdraw the motion for the following reasons. I think it is high time that not only we in city govemment but the development community, the engineering community and everybody else understands that when they bring a project forward it needs to be presented so that we as guardians or trustees of the publics best interest have a fair chance of making a wise and intelligent decision based on facts that are before us. To sub-contract that responsibility to our staff I think is not only not doing our job but it is unfair to those folk. And so I guess my position from here on out is like when we build a project we try to make sure that we have everything done before we present it for sale and that just makes good sense to me. 1 think what happens is that in the past there has been too much authority delegated to the staff from the elected folk and put an unfair burden on their shoulders to approve projects and make decisions contingent upon all the things being met. And quite frankly when I first came on we voted for some stuff I didn't have a clue what was going on and I wasn't sure that I was representing the taxpayers best interest. I think from what I'm hearing in the last 3 months or so maybe it is time we tighten up the ship a little bit and we have all those facts and figures before us. If they are not before us it goes back to the P& Z folk because it is not fair for us to approve something that is radically different from what those folks approved and that is part of the govemmental process. So, for those reasons unfortunately Marty you happen to be the guy on the hot seat but I think your proposal is a perfect example of what is going on, some better a whole lot far worse. And in many cases those folks that we are dealing with aren't as agreeable or as easy to work with as you are and will be. So, I think now is the time that we start and press forward and make sure all those things are in place. So that we can make good decisions and have good government that is what the folks are paying their money for. That is how I feel about it in general. Golds~th: Who should 1 work these items out with? • • Meridian City Council May 17, 1994 Page 13 Kingsford: I think you need to get in, you have a list of things that Ms. Stiles has spoken to, you have a list of things Mr. Smith has spoken about. You have the issue still with Kachina Estates, 1'm not sure where you are at with that, I would like to see some correspondence to see how that is resolved, I've not seen anything on it. I did see one letter that talked about and a piece of illustration of a fence. I'm not sure that was discussed with Walt and is satisfactory and so forth. I would like to see some minutes of that. I think you need to clean up those covenants the way you want so we see that and post haste. Time is money to you I understand that but we want to see it done well as Mr. Morrow has indicated. Gofdsmith: I sure would have had a development agreement before you this evening if it was on my list. 1 appreciate your guys consideration. Can you comment on the fence Mr. Morrow'? Morrow: Yes, the fence issue has been well resolved. I think I have seen information from Mr. Schild that is agreeable with the fencing issue. I do think for purposes that belongs in a development agreement. That in fact has been accomplished. The notice in the covenants and restrictions was there addressing, I had asked be addressed notifying the subsequent buyers of the property that there is an agricultural wsage there that does pre- exist that subdivision. That those folks rights will be protected to do their agricultural things as necessary. And so that has been taken care of, I do think there ought to be as part of the development agreement notification of the realtors in terms of notifying potential buyers that those things exist and that has been done with Mr. Goldsmith in good faith in terms of harmony with the neighbors. Kingsford: And that included the things with regard to spray and those types of things, livestock. Morrow: Yes Kingsford: Last I saw Mr. Schild was concemed about that. Are we singing from the same sheet of music? Goldsmith: Yes I think so, if you can give me an appointment date, I do have problems getting an appointment. I would like to be prompt and get my things done. Kingsford: Mr. Berg will be in in the moming, is that true? Get with Mr. Berg the City Clerk and he will coordinate that. ITEM #5: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LOS ALAMITOS PARK: ~ Meridian City Council May 17, 1994 Page 14 • Kingsford: You might hang on a minute Marty in case there are any questions on those. Counselor, have you reviewed those? Crookston: I have and they are basically the same comments that I had on Salmon Rapids. Kingsford: A motion similar to the last would be appropriate. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve of the CC&R's for Los Alamitos Park subdivision conditioned upon the City Attorney and developer agreement on those items, all those in favor? Opposed? MOTION CARRIEQ: All Yea ITEM #6: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HUNTS BLUFF NO. 2: Kingsford: Does Council have any question of the Attorney on that? Morrow: I had some Mr. Mayor, Wayne I didn't see in there where there was a mechanism for a homeowners association. Crookston: Again, I don't have my copy. Morrow: It may be that I just overlooked it. Crookston: They are almost exactly the same as the covenants for Salmon Rapids. Morrow: What page are you on 5, Kingsford: Do you have page 7, Ron has 4 of them. Morrow: I am missing 5, 6, 7, that would explain why I don't see any. Crookston: It is a creation of a lean for personal obligations of assessments. These are almost exactly the same as Salmon Rapids. • • Meridian City Council May 17, 1994 Page 15 Morrow: So does it have the same issues with respect to majority voting? Crookston: Yes Morrow: A quorum is 50% of the subdivision lots? Crookston: A quorum of not less than majority of inembers entitled to vote whether in person or proxy it is the same situation. Morrow: Mr. Mayor, 1 would move that these covenants and restrictions be approved pending working out those details that we have talked about prior to between the City Attomey and the developer. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the CC&R's for Hunts Bluff No. 2 conditioned upon the City Attorney and developer ironing out the aforementioned problems, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0. 3 SUBDIVISION BY STEINER DEVELOPMENT: Kingsford: At this time I will open the public hearing and invite the developer or his designee to speak first. Wayne Forrey, 52 East Franklin Road, was sworn by the City Attorney. Forrey: Mayor, may I take half a minute to set up the overhead projector? Kingsford: Okay Forrey: Thank you Mayor, I am here tonight representing Stiener Development who is the owner and the developer of Cherry Lane at the Lake subdivision No. 3. Steiner development is in a partnership with the City of Meridian with developing the golf course, the portion of the back nine of Cherry Lane Golf Course and also in a partnership with Brighton Corporation that has the balance of the back nine. Steiner has reviewed all of the staff and agency tha# have been included in the packet that we received. I am going to list them spec~cally. We have reviewed and agree with all of the conditions submitted by Shari Stiles, Meridian School District, Ada County Highway District, Meridian Police • Meridian City Council May 17, 1994 Page 16 • department, the Ada County Street Name Committee, Central District Health, Nampa Meridian Irrigation, Idaho Rower, US West. Steiner development also accepts all of the conditions outlined by Gary Smith in his development memo, but we would like to bring one point to your attention and that is Gary's comment no. 2 where he indicated there should be a connecting street between 2 streets on the west side of the property. And unfortunately when developers look at their ownership they tend to just plan their piece and not share (End of Tape) And they share all the information pertaining to the adjoing property. So, the City staff did not have the benefit of knowing what Brighton Corporation was doing immediately west of this site. In the green that you see on the west end of that plat there is a connecting street and several lots that are included in the Brighton Corporation plat and I hope that would satisfy Gary's concem for a connecting street. That block length however and that would be from this point to this point, is 1,170 feet in length. And Gary is absolutely correct the City ordinance requires a maximum block length of 1,000 feet. l suspect that Gary was thinking aF a connecting street somewhere in here and I am hopeful that this sVeet in the Brighton property wouid satisfy Gary's concem and also the Fire Department mentioned that a connecting street was needed in here. Other than that Steiner Corporation would agree with all those conditions but I am going to ask that the City Council include 2 new conditions on this project. Condition no. 1 would be that is project would be subject to a development agreement. It has been practice of the City of Meridian to have development agreements only at the time of annexation, predominantly at the time of annexation. This is property already annexed, it has been used in several master plans, but there are 3 major partners here that are linked together, that is the City, Steiner and Brighton Corporation with the golf course. So i think it makes sense, Steiner development is totally willing to prepare the development agreement, nurture that and work out details with Brighton Corporation and then come to the City Council and make sure the City is pleased and formalize those agreements in a development agreement. The second condition that we would request of the City Council that you place on this project is something new but definitely needed. It is a new concept so I will just call it something here, a development certification document. And we would request that the City require as a condition of approval of this preliminary plat that Steiner development submit to the City within 30 days of tonight a development certification document that would restate in writing all of the conditions that staff and agencies have placed on this project and then provide a written answer on how it is to be complied with. Often times engineers, architects, planners, developers say we agree with the conditions and then they leave. They don't give it much thought. It is approved subject to Gary Smith or Shari Stiles and it falls on Gary's lap several months later and there are a lot of unanswered questions and issues much like you discussed tonight. And the focus goes then shifts from the developer to why isn't the engineer helping, why is the City staff slowing it down. It is really not their responsibility I don't feel. And Steiner development doesn't feel that its appropriate either. The burden should be on the private sector to iron out and wrinkles before it gets to staff to make it efficient. So with this bound document stating the question C~ Meridian City Council May 17, 1994 Page 17 • that was asked or the condition and then stating an answer, when it gets to Gary or Shari they have something all in a package all together that answers the questions. And you will notice sometimes like in Gary's comments here on this project he will ask a question, what is the status of something. That may or may not be a development condition but he does have a question that needs to be answered. This is a process that would answer that for him. 30 days is an adequate time for these developers to do that. This afternoon at 4:00 I met with the developers council of the Building Contractors Association of Southwest Idaho and presented this concept for their consideration and they hardily endorse it. They feel it is in the development communities best interest to make suce everybody knows like the Mayor said singing from the same sheet of music and they are willing to do that and endorse that. Now you may not want to expand it beyond Steiner development but they are willing to do that. And within 30 days your staff will have a bound document showing compliance with all of this. One last thing, in the newly adopted Comprehensive Plan it talks about a policy, there is a policy that says there can be a development transfer when a developer donates or dedicates land to a public purpose, in this case there is some land that Steiner will provide to the City for golf course development. To my knowledge no one has taken advantage of the density transfer so we are asking how to proceed. But Steiner development would like to take 4 lots, it would be these 4 lots right around the northeast corner of that project, around that culdesac and instead of developing single family detached units, develop a duplex but they are a patio home. A condominium type, upper end patio home because several people have indicated that if they would do something like that near the golf course they would buy them. They have a couple pre-sold if that could be developed. But we would need advise of Council and stafF on how to proceed if that is even a possibility otherwise they would just build a single family. Morrow: How many? Forrey: There would be S units instead of 4 single family, it would still be singie family, they would still be for sale they are not rental units but there would be a patio home. Other than that Mayor and Council we think that would solve some problems with this certification document and want to work with the City. I would be happy to answer questions. Morrow: Could you review for me how the, the part of the development agreement the deeding of the ground to the City for the golf course. Can you walk me through that procedure and show me what ground is scheduled to be deeded? Forrey: Yes, the fairway that you see in the middle of the project is currently being master planned by Steiner development and Brighton Corporation and Brighton Corporation has hired a golf course architect and he is designing those fairways. As late a 2 or 3 days ago they shifted a couple of lots to give more room to the fairways. I don't know the amount • Meridian City Council May 17, 1994 Page 4 • Morrow: No, I guess I have some questions in respect to the, in the letter in our packet dealing with the pressurized irrigation. There was a request for waiver, so I guess my question is are we dealing with the request for waiver at the same time we are dealing with the preliminary plat. Kingsford: Final plat Morrow: I'm sorry final plat, Kingsford: That would be the appropriate time. Morrow: So do we need to to 2 rnotions, one to deny the request for waiver or approve the request for waiver as the case may be? Kingsford: That would be correct. Morrow: Okay, I move we deny the request for waiver of pressurized irrigation system. Yerringtan: Second Kingsford: Moved by Watt, second by Max to deny the waiver for pressurized irrigation for Salmon Rapids subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: I would move we approve the plat based on or subject to the conditions of Gary Smith City Engineer and Shari Stiles the City Planning & Zoning Director. Tolsma: Second Kingsford: It has been moved by Walt, second by Ron to approve the final plat of Salmon Rapids subdivision conditioned upon the recommendations of the City Engineer Gary Smith and the Zoning Administrator Shari Stiles be met, all those in favor? Opposed? Nea: Yerrington Kingsford: Do you care to comment? Yerrington: My reason is they should have the development agreement and this item should have been tabled until that development agreement was put before this body. • Meridian City Councii May 17, 1994 Page 18 . of shift, but I think that should be addressed in the development agreement before the City proceeds any farther with this project that the City be comfortab{e with the layout of the golf course. And then talk about the land development around it, but it has been the City's perspective let's get the golf course pinned down and then a legal description. Let me ask Tom Eddy he is here, so the boundaries on the fairways are still in a preliminary stage. My feeling is that ought to be done within 30 days and we ought to tell you in a written form what that ought to be as part of that certification process. Morrow: I have no further questions, I have a couple of comments. I don't have a problem with incorporating patio homes within the proposal I think that makes good sense. I also would support and encourage the development certification document and development agreements. And that is exactly what we want so that when we look at #he project the at the next presentation everything is before us. So, 1 will be anxiously awaiting that. Tolsma: We are exceeding lengths on culdesacs, because especially on the upper streets there it is over 800 feet from the road out to the (inaudible) you have a 1000 feet from the middle and you are over 800 feet on the lower. If that green parcel down there is developed at the same time you have a through street. But before that part is developed you are in excess of the length of the culdesac length which requires a variance. Forrey: That is correct. Tolsma: I think (inaudible) require a variance would be block length also if that is going to be a through street through there (inaudible). Kingsford: I think that also should probably be a condition of that certified agreement that those variances be filed in that same time frame. Forrey: Okay, you would then direct Steiner to file a variance on those issues? Tolsma: It is going to have to be done to the ordinance. Forrey: I think the primary reason is just the layout of the golf course itself to blend in with that. Tolsma: Well, if this Brighton Corporation was building at the same time (inaudible). Forrey: Well, Gary pointed that out in his comments, a temporary culdesac is almost a meaningless term. Temporary could be forever, there needs to be a time period on that. Tolsma: (Inaudible) there could be a lot of dead end streets out there. • • Meridian City Council May 17, 1994 Page 19 Kingsford: I am assuming the heavy line has to do with the phase? Forrey: No that is to show you that the lateral is going to be tiled through there. It would run in the back of the lots but also through a portion of the fairway. So there would not be an open lateral through there. And that is the routing at this point that Nampa Meridian and Steiner talked about. That was another question that Gary had concerning the status of that tiling. Tolsma: More like a hidden water hazard. Forrey: Well, maybe the City wants it open. Kingsford: No, a water hazard along the right would be fine for people who don't slice the ball, but we don't need that. The question I was going to ask kind of got addressed. I would really like to see what would be the 10th fairway, 1 st fairway whatever you address there Tom. What the width of that is as you move that street down in relationship to the finished pond. Go over, it is in the lower left corner, that fairway to see where the pond is in relationship to this project. What we have is your property and I can't tell from that where the lake is and what width that fairway is and so forth. So I would like to see those dimer~sions. I know Mr. Peugh had some concerns about that and I know Mr. Campbell when he was in said it was addressed. I would still like for comfort level to see what that dimension is. Forrey: That can be accompfished in 30 days. Kingsford: Any other questions of Mr. ~orrey? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing, Council members. Morrow: Mr. Mayor, Mr. Smith has a comment I believe. Smith: Mr. Mayor, Council members, I first of all will publicly applaud Wayne and his suggestion on this development certification. I think it is an outstanding idea and once in a while in the past engineers, land surveyors have addressed the comments that in my ovm case I have made. And they have done it in a written format, they responded to me saying they understand this item and they will comply or they feel they want to do thus and thus contrary to what I might have suggested. But at least we have an open dialogue of what their response is to my comments. So I think that is very important and very appropriate. Again I applaud Wayne for bringing that up to the Council this evening. One thing I want to be sure is that the developer, I know I have talked to Tom Eddy in the past and tMey are aware of it. I want to be sure that a the sewer lines leaves the northeast . Meridian City Council May 17, 1994 Page 20 • comer of this project that the atignment is worked out such that we don't have a lot of kinks in the sewer lines, that is manholes, jigs, jogs. And I'm not sure what the addition of the patio homes in that area represents yet and l know that item wil! be worked out because they have been very cooperative to this point. I don't expect anything less in the future. but it is an issue that I want to be sure we resolve prior to the day the plat comes in for signature. I've had some problems in the recent past with sewers leaving public right of ways. It doesn't always turn out to be a pretty thing. Tom and 1 did have conversation about a routing that they proposed and I requested that it be straightened out and he just indicated that they have done. Apparently it isn't an issue. That is all I have. Kingsford: Thank you Gary. Morrow: Mr. Mayor, I would move that we approve the preliminary plat subject to receiving the development certification document and the development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the Preliminary plat for The Lake at Cherry Lane No. 3 subdivision subject to the development certification agreement and the development agreement, all those in favor? Opposed? MOTION CARRIED: All Yea 1TEM #8: FIELDSTONE MEADOWS NO. 4: PRESSURIZED IRRIGATION WAIVER: Merkle: Mr. Mayor, members of the Council, I am Jim Merkle with Hubble Engineering in Boise. Here this evening representing G.L. Voigt the applicant for Fieldstone Meadows. Two weeks ago this evening you approved Fieldstone Meadows No. 4 final plat. I apoiogize for not attending that meeting however we had some mis-communication with the City C1erk's office in our attempt to table this item so we could prepare and address the irrigation issue on this subdivision. Fieidstone Meadows No. 4 is actually the Sth phase of what will be a 6 phase project originalty approved in 1992 as the Ustick Meadows preliminary plat. Sunnybrook No. 5 final plat which is right here is actually the first phase. I think it was recorded a year and a half ago. Then Fieldstone No. 1 out here on Ustick, Fieldstone 2 and Fieldstone 3. Now we are talking about Fieldstone 4. The project is located about half to a 1/4 mile east of Ten Mi{e Road which would be up here on the south side of Ustick. West side of us is Nine Mile Drain, south of us is the existing Sunnybrook Farms, east of us is the radio tower site. On May 2nd we submitted a letter to the City that the requirement for pressurized irrigation system for Fieldstone Meadows No. 4 which is the 5th phase be waived in lieu of a wel{ development fund deposit by the applicant which is allowed by your City ordinance 9-605B, paragraph 14. The well • Meridian City Council May 17, 1994 Page 21 • development deposit is what was proposed and approved in the first 4 phases of this development. Because a pressurized irrigation system was not proposed for, planned for or budgeted for, several decisions were made at the inception of the design of this project. These include, and let me describe them for you, there were 2 irrigation ditches that provided water to this project and to the property west of us. One of them is the southerly ditch which came up the top of Glenfield and through our subdivision and provided water to this piece of property right here. Because we weren't providing irrigation 2 years ago at the first phase this ditch has been abandoned and the water that serves this property has been re-routed way up stream to come up this ditch which is being tiled through our subdivision. Also, since there was no pressurized irrigation system there was no need for a waste ditch or an over flow ditch in this. So, this low point which used to be a drainage for the property when it was irrigated by farmers that has been abandoned, that is not there anymore it doesn't exist. Sunnybrook 5, Fieldstone 1 and 2, their plats which have been approved, recorded, the streets are paved and the homes are being constructed right now. As you can see where these are located there is no way to get over flow pipes or other irrigation pipes through those paved streets, back yards, through homes, everything to the drain which is Nine Mile Drain. Fieldstone 3, which is right here, its plat has been approved and will be paved in 10 to 2 weeks is their schedule. All the utilities are in, curbs are being poured and it will be paved pretty quick and recorded within 5 to 6 weeks. The applicant is not opposed to the City of Meridian requiring pressurized irrigation systems in new subdivisions, in fact G. L. Voigt who is the applicant on Summerfield subdivision installed or is pianning on instaliing, installed his first phase in that subdivision even prior to you guys requiring it. In fact the first phase should be on line here in a couple of weeks once we get the pumps on instafled. Afso Mr. Voigt has submitted an application for subdivision ofF of Overland Road which is also proposing a pressurized irrigation system to be maintained by Nampa Meridian. The difference between those 2 subdivisions and this Fieldstone phase 4 final plat is that the decision was made day one of the project and through the approval project, to plan, design and construct a pressurized irrigation system. That is not the case here. In the minutes from the Council meeting 2 weeks ago on May 3rd, Councilman Morrow stated in regards to pressurized irrigation systems and I think I quoted this, he said, "it is one of those deals that we started the trend and at some point you have to draw the line and go forward and I think that point has been reached and passed." Well I agree with Mr. Morrow, however, the point which he speaks of should be at the beginning of the project, either at the preiiminary planning stages, the preliminary piat stage or even the first phase of the project, not the 5th phase of a 6 phase project. When we don'# plan for those up front we don't even include systems such as over flow pipes, power sources, space the pump sites and what not. So in conclusion I would request that you reconsider and waive the irrigation requirement for Fieldstone No. 4 final p{at based upon the facts { presented here this evening. Thank you and I wouid like to answer any questions that you have. ~ • Meridian City Council May 17, 1994 Page 22 Yerrington: Sir, what would you do in the future if all of the homes in Meridian had pressurized irrigation? What are you going to do with the rest of your project? Merkle: Well, at some point in the future I believe it would be up to the homeowners association of this particular projeet to get together and vote to retrofit and insta{{ the pressurized irrigation system for those particular lots. At this time Mr. Voigt has probably sold half of these lots to builders and different homeowners, he is not even involved in those anymore, he doesn't own them anymore. He can't go back and retrofit as his will. YeRington: Thank you Kingsford: Other comments or questions? What is the Council's decision? Morrow: I am open to discussion by Ron and Max as to what their thoughts are and what your thought is. Kingsford: Well certainly the issue of moving that water is a realistic one and they have the park to deal with to try and bring it back across. I don't think that is insurmountable, but certainly constitutes a problem. The other answer to that may be a shallow well I suppose instead of using the irrigation water. Yerrington: How many lots involved in this? Merkle: 41 out of 256 in this phase. Kingsford: We do have Jim, subdivisions that are smatler than that that are on a surface well. We have subdivisions also where phases are on and phases are not prior to Nampa Meridian being involved in pressurized irrigation. Developers elected to do that and in some cases changed their mind later in other cases they elected to do it after the first couple of phases. So, I don't know that its insurmountable. I think that Max's comment might be very well taken and I would hope that at some point down the road the whole valley wakes up to the fact that there is not a lot of water under us that we utilize that on the surface as much as possible. And retrofit, I envision not all too far down the road, 20 -30 years that all of Meridian will be retrofitted and have pressurized irrigation. As I look at the cost of expanding the sewer plant and we are talking about well over a 1/3 of the capacity of that plant is in treating groundwater that is ground water created by people running 3 inches of water on top of their grass. It is not an efficient way to irrigate and I think we need to amend that. Merkle: I agree, and as I stated earlier, Mr. Voigt is not opposed to it, he is doing it on several of the big subdivisions he is proposing in the City of Meridian. That is not the ~ • Meridian City Council May 17, 1994 Page 23 issue, the issue is it was not planned for or required or proposed from day one. There are some things that are going to be real costly and possibly not even work. For instance, I was out there today, there is a full head of water coming down this ditch, it was held up right here to irrigate this property. What are the homeowners supposed to do if that is their source of irrigation, when a full head of water is being used elsewhere. Kingsford: Well, logically on a project this size, probably a surFace well would be the most appropriate. Merkle: Ideally, we have Nine Mile Drain right there, perfect source for 4 phases of the project, it is bottlenecked off. I agree with what you are saying we are 80% of the way home. Morrow: Let me raise a couple of issues here Jim with respect to the full head of water issue, is that if those folks water right is in that ditch they are entitled to take their water right out of that ditch. The only thing that the full head does is make it easier and quicker for that person who has the property adjacent to get over his property quicker. So, the issue of when their water can come into a, let's assume that it is a concrete check box that they are going to pump out of as long as they don't exceed their water right it can come into there continuously it does not have to go to help somebody else's water in terms of head pressure to irrigate their property. The second thing is and it is more criticat that most of you understand is the issue with the sewage department and the sewer plant where uncandidly we are at or very close to our capacity as the EPA permit is now. And Grant is absolutely correct, 1/3 of our capacity is being taken up by ground infiltration water that is coming into that sewer line. The bigger issue here is that ali the odds point to and the information points to that we are going to get help from the EPA. But to play devil's advocate if we don't get help from the EPA as soon as we hit our 3 miltion gallons all of us are done including you and your subdivision, because we have no place to put the s~wage. It is a simple deal, there will be no more building. So what is contingent upon us is to start solving these problems and start solving them now. I am sensitive to the fact that you are talking about there are already 4 other phases that haven't done it. 1 think that probably we should have not allowed those to go in without pressurized irrigation in the past but we did and so be that. 1 think the bigger issue is that we have to take the bu{f by the homs and bite the bullet and just get on down the road and start solving the problem. Because quite candidly the EPA does not decide to grant us the waiver that we need, Mr. G.L. Voigt and you and everybody else isn`t going to get to build a house in that subdivision anyway, because we won't be able to sewer it without a massive sewer plant expansion and the sheer logistics of that we don't have the time between now and September 1 sfi or whenever the waiver has been requested for to increase the capacity of the sewer plant. So, part of that, the odds of that happening are fairly remote, part of what we are dealing with here is that trying to solve that groundwater problem. And that . Meridian City Council May 17, 1994 Page 24 • we start solving it in little tiny pieces and then we get it solved long term, but we have to take the small steps first. Merkle: I understand that, let me get this straight, so what you are saying is the infiltration problem that your sewer lines is going to be averted by putting in pressurized irrigation. Morrow: Long term, not short term. Long term it is going to be aided immensely, but we have to start someplace. Merkle: And as I stated that someplace is ai the beginning of the project not at the end. I agree and so does Mr. Voigt and on his next project he is proposing it and wholeheartedly going for it. If we were backed up 2 years we would probably wholeheartedly agree and do it here and do something out of the drain. There is just no way to feasibly get water to that part down there and have a proper overflow system. Morrow: What do you mean by overflow system? Merkle: Well, if you are getting your water out of a ditch you either have to take all of it or none. If you don't happen to take all of it there has to be an overflow for it to go somewhere. Typically that is on further down stream. But in the case of the southerly ditch it is not there anymore because it wasn't planned for. And that was because the well development fee was requested on the previous phases and anticipated to be requested on these 2 phases also. If the adjacent subdivision coming up is 5 years ahead of where it is now there maybe someway to tie it into that system. But that is not here yet. Morrow: Well, I would think if it is the Council's decision to reverse the requirement at the very least there ought to be some provisions made within the subdivision either dry lining more facilities by which the pressurized irrigation reservoir can be put in at some point in the future in conjunction with the subdivision adjacent to it. And those would be my thoughts on this project. Yerrington: Mr. Mayor, would it be possible to talk to Nampa Meridian and see what the possibilities of delivering water to this subdivision from the regular sources? Kingsford: Question first Mr. Merkle, talking about phase 4 here and it kind of is dissected away from the rest of it, but phase 5 you are talking another 49 lots. Then it seems to me you are at a very workable stage, you are talking about 90 lots here to provide a source for you have water on that next phase. It just strikes me as a whole lot more realistic to do that at this point then to retrofit it at some point down the road. A lot easier to do it before there are streets and sidewalks and rose bushes and all of that. And that might be a surtace well or it might be that you have the same property owner that you run that . • Meridian City Council May 17, 1994 Page 25 across from now what is phase 5, it is undeveloped. And size that to accommodate that. I guess whife I am sympathetic to your arguments, 1 think the Council has taken a stand and we could be asked to make the same kind of adjustments from that would make as much sense. I think I would recommend to the Council that we deny the waiver. 90 lots are a lot of lots. We can't grow wells fast enough at the growtM level we have to meet out needs. I am praying for reasonably cool weather this summer. Merkle: So every subdivision that comes in here now is going to have pressurized irrigation, every single one, even 3rd, 4th, 5th, 6th phases that don't have it in the first few. Kingsford: I coutd see Mr. Merkle where there could be a situation where it couldn't be done. I don't see that this meets that requirement. I think it can be done. Merkle: It can be done, but at what cost is what I'm asking, how agreeable are the users on that ditch to have a subdivision pumping off of that well and not take a full head when they do it like they have done for how ever many years they have irrigated the area. Kingsford: All of those ditches go down and they have an escape route, they all end up in a drain ditch at some point. Merkle: Exactly and that is this ditch right here, that was abandoned. Kingsford: At some point down below of the ditch you have remaining there is an overflow ditch. Merkle: Okay, if that is your decision. Kingsford: No, that was only my recommendation. Merkle: I would like to have a recourse if there in not a feasible way to guarantee this subdivision a constant source of pressurized irrigation out of that ditch, that there is a recourse for the developer. Because there is no sense to put something in that is not going to work. I would like to opportunity to show that, and if it works great but I don't believe it will. Kingsford: (Inaudible) We have a subdivision of about 40 lots in Meridian that was one of the first ones that did do pressurized irrigation and it works nicely. Check with Mr. Jenkins out here off of Pine, it is a nice subdivision and it works well. Merkle: Is that a surtace source? ~ Meridian City Council May 17, 1994 Page 26 Kingsford: Clarinda Fair, comment Walt. C~ Morrow: Yes, i want to address a couple of things here, one is that I detect here a little bit of a negative attitude that it can't work. Part of what your and my responsibility as builder and deve{opers and creators of things is to solve problems not create problems. Here we are trying to solve a problem that clearly impacts the entire city of Meridian. We have a social obligation you and I as builders and developers to help solve those problems. We have a groundwater problem in terms of houses with water in their crawl spaces now we are striving to indicate what height they should be built not less than a mile from here i built a home on Ten Mile Road where we had groundwater at 3 feet in the trenches when we dug the well, it was 102 feet deep. The top of the well comes 3 feet to 42 inches above the surface of the ground, the water pressure in the ground well come with above the ground level so we were within 2 feet of the top of the well. The cost of that well was $4,000 including a one horse pump. If you can't get surface irrigation here you can certainly do in a 100 lots for $4,000 the cost of a well to pressurize a system is not a whole lot of money per lot. There is more than one way to solve the problem and to help solve the city of Meridian's problems in terms of this particular issue. It can be done by surface water, there is flexibifity Nampa Meridian has stated that they will work with folks, try to do pressurized irrigation systems so that there is the split head issue. Maybe it doesn't take a full head of water to service this thing. There is the issue of a surface well and there are lots of possibilities to be explored here to solve the problem. I have personally been convinced in the conduct of my business that there is no problem that is not solvable if we look for ways to solve them we will find a way. I think that can be done here and I echo the Mayor's comments from the standpoint that at some point we have to start and we are starting now because we have to solve bigger issues. And it may look like an imposition and I am sure it is an imposition but the point is we have to solve the problem and let's start solving it now. I for one am not willing to even though it doesn't cost you more money or the developer, it ultimately cost be the builder because I am the o~e that pays the ticket in terms of the lot price. I am willing to pay that price and have several times. And so that part of ine says that is okay to pay it. The other part of ine says I have a social obligation as a citizen to help solve these other problems so that other folks don't have water in th~ir crawl space and they come to the City trying to solve their problems. We can help and start and get those things solved long term. Jim my vote is going to be not to grant a reversal. Kingsford: To answer your question, certainly Jim this council is always receptive, come back in and if you can't do it we want to see. And there are something that can't be done. Tolsma: I think Nampa Meridian Irrigation will give assistance (inaudible). Kingsford: Time for a vote I guess, what is the Council's feeling? ~ • Meridian City Council May 17, 1994 Page 27 Yerrington: I move we deny this request. Tolsma: Second Kingsford: Moved by Max, second by Ron to deny the waiver, all #hose in favor? Opposed? MOTION CARRIED: All Yea Kingsford: It was a good pitch though Jim. It was close till the vote. ITEM #9: MIKE MACGOWAN: ADVERTISING SIGN: Kingsford: Mike, come forward and make your pitch. MacGowan: My name is Mike MacGowan and I like at 15541 Orchard Avenue in Caidwell. I operate a business called Read Inc. and I sell billboard advertising and 1 just wanted to pass around an example of a photo of one of the locations with a client that I have, Lee Reed Jewelers. And I have talked to a number of you in regards to this issue and also in relation to a piece of property I own and better description it lies just adjacent to the freeway on the north side of the road. It is kind of befinreen where the new law enforcement building is. It is approximately 850 feet long and it kind of varies in its width but it is not a very wide piece of property. What I want to try to do is merge the fact that we have this piece of property and try to find a way that I can provide some type of sign on it like the ones I have been building in the area. I've laid out some of the ideas that I have come up with and ways that we can interpret and take these issues. I am not going to read through the whole letter again, but I want to reiterate a couple of points. First of all I have laid out some of the history and why things have happened and kind of my interpretation. One of the problems that we have seen is that there was kind of a change in the interpretation of the ordinance and whether it was overlooked or a new loo~C at things. It has kind of created a hardship on my end of being a small businessman because we did purchase this piece of property for the purpose of doing billboards and I realize for a variance it is not a hardship case if you can point to a non-conforming use. I think the problem I have is in terms of not being able to lobby and go through the public hearing process and what not and when there is a change in the ordinance. If we are notified and what not we have the ability to come in and make ourselves heard. So, what I've kind of laid out here is an interpretation that would allow me to accomplish this goal and at the same time this property develops along side the corporate parks out there that it will move from being a vacant piece of property that is almost a 1,000 feet long to being something that would provide my business as well as going back and doing some landscaping so it become an intrigual part of the gateway to the city. So I've kind of laid out an idea of what i Meridian City Council May 17, 1994 Page 28 • might work in terms of an on premise billboard where you would have the sign company on the property and then it has signs. I've laid out my argument in terms of when does a logo become advertising and so forth, using the coke and Pepsi ideas you would find in a supermarket ad. And then also taking a look at in terms of these billboards that I put up. This Lee Reed board that I have done for the jewelry business and if I were to build a sign campany and put up my own sign that says Read Inc. type billboards I can't nearly the dramatic effec#, the full effect of an advertiser such as Lee Reed jewelers a local company that supports my business showing that I am an honest and good businessman to have this type of client as part of my repetoir. It would be hard for me to have the same type of (inaudible) that we sell billboards type of stock ad. So, I would hope that can come up with some sort of an on premise billboard that would also allow us to show off some of our customers and the new products that are available. This particular picture that I laid out is something kind of state of the art that allows us to do full pictorial graphics using a computer generated picture.(End of Tape). So, anyway it is (inaudible) to physically print on this new vinyl material which is becoming quickly the new standard. Along with that we have kind of changed over the years from having wooden structures with paper that tends to peel and fall off. Something that looks very professional and a structure which is the uni-pole or monopole design which kind of fits in with existing commercial and industrial activities where these signs tend to be located. So, what I am trying to come up with is a way that would allow me to use this and develop the piece of property and in terms of an on premise requirement for a billboard I would kind of suggest that one of the requirements be that its owned property by the advertising company and this prevents anybody from going in and leasing like a regular billboard location. And number 2 that primary use of the property would be for signs that way you couldn't say well I've got one use on the property and I want to put up a billboard, so you have to have the primary use. And then also to have one business location per company, so if I developed this location I couldn't buy another parcel on Fairview or Franklin or first street and say I also wanted to have my business on those locations as well. So, it would allow for the possibilities of local business to advertise and also prohibit the proliferation of new signage. So, those are kind of the ideas I had I just wanted to meet with you and do this in a formal setting in terms of finding out what type of attitudes were here on the Council and be able to address and work with you in any way I can. In order to address your concems and be able to try to develop my small business. Kingsford: ~IVhere is your office located? MacGowan: I basically just work out of my home out at the Orchard Avenue location. And everything I have done thus far has been contracted. Kingsford: It is a tremendous stretch to call that your business address without a building or phone you can answer and so forth. I think our whole intent as I hark back to that • Meridian City Council May 17, 1994 Page 29 • ordinance construction was that it would avoid that sort of thing. Certainly that is a Council decision but as you indicated in your letter we did deny exactly the same type of application on the same property probably 3 or 4 years ago. Some of the Council members were present and voted on that issue. Yerrington: On the south side of the freeway. MacGowan: The property that I own is on the north side and we hit on that one prior developing on the south side. This is presently an undeveloped piece of property. Yerrington: How long have you owned it? MacGowan: I'm not sure of the exact date, it was actually my fathers first when he was president of Idaho Outdoor, the advertising company out of Boise. I think it was, we moved up here in 1982, so it must have been in the early 80's that it was purchased. Morrow: I have a question, in terms of this property is almost 850 long and how wide? MacGowan: It varies, it is like 50 to 100 feet in width. It has never been surveyed and it is kind of a remanent piece of property. Parts on the south side were where the mobile home lots are and the interstate came right through it. Morrow: And how many signs would you propose to put on that one piece of property? MacGowan: I am willing to look at whatever is feasible. I am kind of working with Hon development in terms of what kind of access and rights I can get through them. I have been kind of looking at 1 or 2, but 2 would be the most because I would also be falling under State Jurisdiction as well. Morrow: And a final question, and I don't know how this applies, how does the Lady Bird Johnson Highway Beatification thing apply? I thought that applied to signs along the freeway. MacGowan: Yes, the requirement is basically that billboard signs were a legitimate use and they should be developed in commercial and industrial areas. But what they tried to do is remove them from the residential and farming, agricultural areas. So, this being part of a corporate park would be something that would meet and that is why we have the State jurisdiction as well. The Transportation Department follows those federal guidelines. Kingsford: What, as I look at your proposal, what is to stop a business like Mountain View or any other property owner along the freeway using your guidelines to sell 10 feet by 50 • • Meridian City Council May 17, 1994 Page 30 feet of land on #heir property line at a handsome price to billboard advertisers. I think we are opening up a real can of worms here that I am not sure the Council is (inaudible) to deal with. MacGowan: May I address those issues, first of all Mountain View Equipment is still to my knowledge in the County. Kingsford: So, your argument is invalid because that is also in the County. MacGowan: Well, in that respect they can still do what they want to, but that is why 1 laid out the requirements of having to own fhe piece of property. You don't find that most of the time advertising biltboard companies go out and purchase property. They are mostly in the business of leasing, I work for ldaho Outdoor and leased all over the entire state. We bought maybe a couple of pieces of property over the whole time I was working. So that is not a common thing to have the ownership of the property and then having some kind of requirement for having a shop or business or whatever it requires or what requirement is made to be the advertising facility. The commercial use itself in addition to the billboard itself so that it is physically an on premise. And then having the primary use as well. I think by your own restrictions in terms of plats and covenants and so forth that the piece of property can only be divided up so many times, legally anyway. Somebody is probably not going to divide it for a small piece of property for a billboard. Kingsford: It depends on how lucrative it is. MacGowan: That is it, and as faced with things as the Lady Bird Johnson Act and so forth we have to come up with unique ways of trying to find new locations when it is kind of tightened up. It is kind of a blessing for our industry because we found that, and I talked to the Transportation Department on this that in the past we used to have a lot of Mom and Pop type signs, 90% or somewhere in that neighborhood of all the billboards before the act were done by individuals and now it is the exact opposite. Probably 99°~ to 95% are all done by billboard companies and it has caused up to clean up the industry. If we can't sell something, then we tear it down because it is going to help promote our image. FEingsford: I think the Lady Bird Johnson Beautification program was probably government at its worst. I don't disagree with Lady Bird, but we spent millions and millions of dollars nationwide knodcing down billboards that they went back up. The belfinray in Washington D.C. right on the same site that they chopped down signs and they were laying there they put up new ones, I'm not sure I understand the logic there. Counselor, I think probably your interpretation of his views of our ordinance. I think it is a real stretch, I can't believe Council can do that without a variance. What is your opinion? • Meridian City Council May 17, 1994 Page 31 • Crookston: Need to be on site, need to be where your operation is. MacGowan: That is what I am proposing that, and that is why I talked about the issue of having a coca-cola ad on the front of a convenient store or grocery store. In reality you are not manufacturing the product on site so it is a relationship and that is what the ordinance speaks to is a relationship. Even if you look at a lot of these give aways and contests and so forth and on it we are kind of in trouble on both ends because we try to do the advertising but on the back of the card it says like for a manufacturer like coca-cola or something that could be an advertisers that says that the advertisers that provide advertising are part of the company and are not allowed to participate in the contest. So Kingsford: If I may, Counselor can I have your opinian? Crookston: I don't think that is on site advertising what you are talking about. It would be my opinion that it is not. Kingsford: Is the Council interested in issuing a waiver? Morrow: We have been all the way around this and I am a little confused as to what it is that we are exactly after. Kingsford: Welf, our ordinance says that you cannot have off premise signs period. If you look out at the home, mobile home factory they have a sign. If you look at coca-cola they have a sign, Westem State Equipment has a sign. They are on premise where their place of business is. What Mr. MacGowan is proposing that is his place of business, even though it is just a sign. What Counselor has said is that it is not and you have to have a business location that people can reach you at. MacGowan: Well, that is also what I wanted to address was to build, what it would take to be a minimum requirement, making an office building, making a sign business on site. Kingsford: I think clearly you can do that if you build a building that meets the code, and if you then meet the uniform sign code in your sign. Then we are not even having this discussion. MacGowan: Well, that is why I came here because that was more the avenue that I wanted to pursue. Because there are things like storage lots and so forth that are permitted uses under the zone, I wanted to find out at point do my displays become off premise advertising and I think that is what Wayne Crookston is also addressing too. Kingsford: I think if you put something like this up that says this is Read Inc. I think then • • Meridian City Council May 17, 1994 Page 32 it is on premise. When you are advertising somebody else even though you make the code designation I don't think that meets the guide line. Well, I guess what I am looking for is to find out when the dividing line comes in. As an example I was witness to something that happened up in the Spokane area. They had a location that was not, didn't meet the State guidelines for spacing between billboards but yet it was a very valuable space on the main thoroughfare. So, it just happened that it was an existing building marquis, facade or whatever it was and they wanted to develop it for off premise type advertising, what you would normally sell as a billboard. And what they did is come back and say we leased out the coat closet and put in a telephone and as long as they say the vaice of the Spokane Indians. Kingsford: We are not interesting in splitting hairs here, I don't think. {s Council prepared to make a decision? Morrow: I think my only comment would be when it comes to billboards for example I think the Western States and Arnold Machinery and all of those things are legitimate signs advertising legitimate businesses. To take a 50 wide, 850 foot parcel, if you want to build a business in there with all the inherent out buildings that you manufacture signs so on and so forth then sure you have a sign there saying this is the home of Read Inc., but I think that what we are talking about here is clearly splitting hairs and quite frankly I am not willing to consider any waiver of past Council's decisions concerning that. I would support the decision I think it is well founded. That is how I feel about it. Tolsma: We had this same discussion in the past across the freeway and it got turned down (inaudible) if we rufe favorably in someone else's (inaudible). Morrow: I would move that we not approve a waiver. Yerrington: Second Kingsford: Moved by Walt, second by Max to not approve a waiver in favor of Read Inc billboard advertising, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: GAINELLE MASSOTH: GROWTH AND EXPANSION: Massoth: I'm a little bit nervous, so what I would like to do first is introduce myself. My name is Gainelle Massoth and I have been involved in the real estate industry in Idaho for the last 91/2 years. The first 5 years of that 1 was in Twin Falls, my husband's company, Roger Brothers Transport transferred us to the Treasure Valley and I landed here selling • Meridian City Council May 17, 1994 Page 33 L~ real estate in 1990. In January of 1993 I went to work for Ada County as an assessor, as an appraiser and 1 was assigned Meridian. So since January of 1993 I have appraised over 1500 houses that have gone on the tax roles in your town. I also am a citizen of this town. So 1 guess I don't know how I am speaking to you tonight whether I am speaking to you as a wife or a mother, or as a realtor or as an appraiser. But, I have some concerns that I would just like to share with you that I have seen, 1 don't believe they are being taken care of and I think for a while I myself didn't notice them. The longer I am in my car driving your streets the more they are coming to my attention. And that is the fact that none of the subdivisions that are going in are there any little community parks being placed. There are hundreds of families with thousands of children moving into Meridian on a daily basis. But none of the developers, the only one that I can tell you contemporarily that is doing anything of that nature is one called Kastle Falls the legal name of it is Valerie Subdivision, has put in a volleyball court. But I suspect that children will not be welcome with adults ptaying in that situation. At some time in the past and I believe the third or 4th phase of Sunnybrook, Max Boesgier did put in a small park and in my travels which are about once a week I go by there I can tell you that it is often used. I don't know if you are fami{iar with this park, it is on Chateau Avenue and consists of a few swings, a picnic table. I would like to strongly suggest to you as the Council of this town that you start requesting, begging, charging whatever the developers to donate some land for small parks within these subdivisions. It seems the least that they can do. The other thing that I would like to talk to you about are the entryway to subdivisions, there seems to be a proliferation of cedar fencing in Meridian, Idaho unlike I have never seen. I think that in 5 years we are going to have some ugly entryways to subdivisions and I would like to suggest that something more permanent be put up by developers in the entryways to subdivisions. Even higher berms with grass on it is better than fences that are warping and falling apart. I don't want to be specifrc and name call because I don't want to offend anybody that might live in one subdivision or another. But there are some subdivisions that are less than 3 years old, but the fences are already in pretty bad shape. If you go out Cherry Lane you will find some that are older than that that look pretty miserable. So my suggestion to the Council is that you would require more of developers in terms of the entryways of the subdivisions. I think that the only subdivision that I feel has a permanent entryway at least in my opinion is Valeri Subdivision. The brick may not be to my liking but I think in terms of permanence it is more perrnanent than any of the subdivisions in the City of Meridian at this time. Bu# I think, getting back to the other issue, I know no one is going to have to vote on what I am saying so I am mixing things here. Getting back to the issue of the parks, I drive these subdivisions on a daily basis and I see small children with nowhere to go and nothing to do. I think an idle mind is the devil's workshop and I honestly believe that we are going to either pay now or pay later. There is also one other issue and that is I have seen no new baseball diamonds. And I can't understand with all of the thousands of lots that are either there now or on the drawing board now why some of this cannot be required of developers to give back to the community. If you have any questions in regard to anything • Meridian City Council May 17, 1994 Page 34 ~ that I might know in my capacity as an appraiser, otherwise I guess 1 have said my peace. Kingsford: Questions for Gainelle? Morrow: No I don't have any questions, I have some comments. Kingsford: Your points are very well taken and I am sure Mr. Morrow will make some comments similar to mine. There are others, while you haven't seem them yet that are on line. We will be adding ball fields this summer at Linder just north of Cherry Lane. We will be adding at a developers expense soccer field of not exactly everyone's satisfaction of dimensions that will be taking place. Our new comprehensive plan does call out and we are trying to get parks strung throughout the city and its area of impact. So, we are certainly sympathetic to the views that you have. Certainly the idle mind is a devil's workshop, 1 deal with a lot of devil's workshops in the daytime and I understand exactly what you are saying. And we can't get too many ball fields, soccer fields, tennis courts and so on I don't think. I think we either buiid those today or we build jaiis tomorrow. Massoth: Exactly, you see my point is that even if it is just a lot, 10,000 square foot lot where you can put a couple of swings and a teter tot. I mean I think in some of the small developments it may be unrealistic to ask for much more than that. In my experience as a realtor I can tell you that the money that these folks are making right now is enormous. The money that the people that are selling the land to the developers is also enormous. And it just seems to me that in some small way that the least that they can get back to the community is something for our children. Kingsford: Thank you very much, Mr. Morrow your comments. Morrow: I have a couple comments, one is that we are currently in the process of doing and fairly close to accomplishing impact fees that will take into consideration parks and recreation. The other thing is with respect to and it is kind of catch 22, but as you well know as a realtor appraiser we are now entry level houses of $90,000 . Quite candidly that is not the demand poll inflation that got there to the $90,000 it is cost push inflation that has been created by all levels of government over the last 10 years. If in entry level subdivisions for example if we are forcing set asides of ground and driving up the cost at $90,000 today to get into an entry level house there is no way that a young couple coming out of college can even qualify for the house. So they have been doomed to apartment living basically for the remainder of their lives. Kids that come out of trade schools do not have the opportuni#ies that all of us in this room have had in terms of owning single family housing. We have done that by legislating into housing way too much cost. And so there is a balancing line somewhere. And it is nice to get those little one and 2 lot green areas when and if we can. But from our perspective we have to balance across and also try to ~ Meridian City Council May 17, 1994 Page 35 u see that come somewhat close to keeping housing affordable. At the rate we are going it is not going to be affordable for the vast majority of kids that are growing up today. Massoth: Well, you know I guess the problem I have is that I feel like what I am talking about shouldn't drive up cost anywhere, it should come out of he developers pocket, not out of the builders pocket, not out of the buyers pocket, out of the developers pocket. That should be something that he should have to give back to the community. The impact fees by and large are not being paid by the developers isn't that right they are paid by the builders. Morrow: Ultimately everything is paid by the buyer of the property. Generally as you well know it is done by supply and demand. And all of our projects are sold and priced based on not our cost but on supply and demand sets the market vatue or the market price at which we sell stuff. And so quite candidly and what really happens is that those profits dip down below a certain level we no longer build a certain project. So, in a free society there is no way that we can force a developer or anyone else to set a certain price on his product, nor can we force the farmer who has struggled for 40 years at farming a piece in this area, 40 acre dirt that goes in 4 different fields to sell for a certain price so that it makes a park affordable. It is a free economy. I am sympathetic to what you are saying, I agree with what you are saying, but probably the best way we are going to be able to accomplish that is through impact fees. And the other thing is that in the Boise area the large areas that have major parks with recreational facilities were all donated pretty much by industry titans, they were never ever put in place at the taxpayers expense. Massoth: But I am not talking about big parks, I am talking about little 1 acre, 1 lot 10,000 square foot, a 1/4 of an acre of less and if you look not to Boise but to Nampa they have done that quite successfully and I thing that might be. I think the vision that they have shown there as far as their pressurized irrigation system I was glad to see you fellows take the posture that you did but Nampa has in some small way lead the way as having that requirement many years ago. And i feel that they have also done the same thing of developers in subdivisions in requiring them to set aside land, but I have personally appraised over 15~ houses and I have not seen one thing go in for children. My children are grown so I don't have a personal need, but as a citizen of this community I have to seal that at some point somebody other than the taxpayer and other than the buyer it seems to me it should be the guy making the profit should be compelled in some way to give some~hing back to the community. Morrow: The final deal is though that the buyer always pays in our society. Massoth: Thank you i • Meridian City Council May 17, 1994 Page 36 Kingsford: We certainly appreciate your bringing in those comments Gainelle, you were very well taken. ITEM #11: GENE SHANKS: MERIDIAN SENIOR CITIZENS ASSOCIATION FUNDRAISING: Sh~nks: Thank you Mr. Mayor and Councilmen, I will just hand out one of these so you can read them at your convenience. I was here about a year ago if you remember me, this was on the bingo and we have accomplished a good fundraiser with the bingo. We incorporate in our building fund approximately $300 a month to our building fund for the summer over there. Which at the time here about 2 months ago we came across and bought the property next to us from the Overtons, you probably read it in the Valley News. The property had been under negotiation for approximately 3 or 4 years and final{y Mimi Overton who owned it said that the center had first choice. So we took advantage of that and she put it to the real estate people and if we decided not to buy they were going to sell it to someone else. We took advantage of it because as you know the Meridian area is growing so much and we have accumulated so many of our people from West Boise and Meridian to our senior center. We have increased if you notice in some of these programs that 1 have given you we have increased 30°~ since last April. So we are in the process now of trying to expand our center and we've dam near depleted most of our money that we have had in the last 3 years to buy that property. So we are looking forward from Meridian City Council and the Mayor here can help us as we are looking for some fundraisers. We have one going this Saturday which is a potato baker feed with chili, sour cream and everything. And luckily Mr. Simplot potato farmer donated potatoes to our cause. So that helps us there and the chili feed will be from noon to 3:00 and will cost approximately $4.~. Also we have a rafFle, one of the seniors at the center donated a hind quarter of beef, which weighs approximately 130 pounds. Albertson's here at Meridian and Cherry Plaza donated 2$50 gift certificates to our cause for a donation. And one of the people at the center donated a smoked Alaskan salmon. And so what we are looking for at the center is a fundraiser and this is one of them that we came up with in fact I think our members of the board here Dale Ryan has had the chili feed about 4 years ago, longer than that, anyway it made about $900. So that goes into our building fund too. And that property next door, luckily we came off, I called the Ada County Commissioners, they are going to grade that property off for us free of charge. Bumbte bee sand and gravel is going to donate some gravel to put on it the only thing we have to come up with is a paving and we are iooking in the neighborhood of around $4,000 to have that paved. We would like to get it paved by next fall before the big rains come in maybe or the snow. Anyway, like I said we need your help and if you can help us in anyway we would really appreciate it I tell you. Also, 1 guess we have to go to Ada County Highway District for the meridian streets? • Meridian City Council May 17, 1994 Page 37 Kingsford: Right Shanks: Can you help us on that in anyway? • Kingsford: Sure, Mr. Smith's department over there can help you coordinate. Shanks: Are there any questions? Morrow: What do you mean by fundraisers, how can we help you with fundraisers? Shanks: Well, in fact here a few months ago we put in a new phone system over in that Meridian Senior Center, we had one phone in that center and it was tied up. Every time a senior would call in to come in to be picked up as you know we pick up seniors in Meridian we also deliver meals on wheels in Meridian. And we are getting to the point where we have probably 33 or 35 meals a may delivered in Meridian to meals on wheels. We also pick up on the average 8 to 10 people a day. When these people call and they must call by 10:00 or we cannot pick them up for lunch at 12:00 noon. The line was tied up so anyway we had 3 bids on the outside for a new phone system, well we picked At&T which seems to be the best, the warranty went the longest. Again the Ada County Commissioners donated $1,000 to our phone system. Our phone system cost $2,300 so 1 went back in at lunch time one day and 1 asked for donations, believe it or not t got the rest of the donations in 2 days to pay for that phone system from the seniors and I thought that was exceptionally well done. That is what we need is either donation or pledges for our center to continue building. Because it really is growing, we seat on the average of 160 to 170 people a day. And our limit over there is 212 people and last week we had turkey and 1 think we had 226 people so we had to sit them out in the (inaudible), if you have every been over there you know how the center is set up. Anyway we are talking now on that lot we bought we hope in the next year or 2 to expand 80 more feet out to the south side by the alley way there by the center in which will seat another hundred people. And that is what we need, we are really growing. We are getting people (inaudible) they feed twice a week, Eagle feeds twice a week and Star feeds finrice a week, and we are picking all those people up those 3 days that they don't feed. And we feed 5 days a week, here a year or so ago we only fed them 4. And you will see a menu in there and it is exceptionally well I tell you. And we are all, most of us are going to be senior here before long. But anyway, I would appreciate it if you could help our center out. Kingsford: I am certainly going to try and make your chili feed, I hate to miss a meal. Shanks: Another thing 1 want to bring up it was brought up at our last board meeting I believe, we don't have a sprinkler system in our center and with the seniors averaging between 65 and 93 we are talking about a sprinkler system. Again we are talking dollars • • Meridian City Council May 17, 1994 Page 38 and cents. We are talking in the average around $30,000 to $35,000 for a sprinkler system. And I know if we expand that center out to the side there is going to be requirements, building code is going to say you must have a sprinkler system. And I believe that to be period. That is another thing we have to come up with and consequently we own the center lock stock and barrel plus the land next to us and we do need help from Meridian, believe me we need it. I thank you, if there are any questions I would I~ more than happy to answer them. Morrow: The only thing I can tell you is in terms of govenmentally 1 think that we as a council will do anything we can to help you, open any doors that we can. Individually I'm sure Grant can eat plenty of chili. Shanks: I believe Mayor you are on our executive committee, in fact 1 am planning on calling one next month to see if we can get some, I think Mark Freeman, the Valley News is sold so I will have to get somebody else, that is what we need is help from our executive committee atso. Kingsford: I would suggest to you Gene that we maybe try to start the same type of thing we did when you got that building purchased in the first place. Particularly when we go into the expansion of the building. You are right, and it is probably most appropriate to sprinkle the thing. The size of it, and the age of the people, at my age I don't know that 1 would get out ahead of a fire. So, I think we ought to look at that again, because I know #he Council members and myself at that time, I believe all of pledged to give $1,000 and we (inaudible) that debt fairly rapidly. Maybe that is the type of thing we need to go into again, major fundraisers and so on particularly when you are ready to build. (Inaudible) I think we can probably get that don~, I know Mr. Fikus was over really finristing arms over at the Chamber of Commerce, I bought a bunch of raffle tickets. Shanks: We had quite a problem with the EPA too on removing that house. That house was built probabiy in the early 40's moved and I believe in 2 or 3 different sections. And they found some, they claim some asbestos in the bathrooms and we had to remove that. And Mr. Ryan and I removed that and I took it to the land ~II and they disposed of it in a hazardous waste are. We had to take all of the inside wood off of all the windows, lead paint. And finally you are talking in the neighborhood of the analysis and everything came close the $1,000. (Inaudible) paid half of it and we paid the other half, then it cost us $2,700 to take the building to the land fill. Yerrington: Should have burned it down. Shanks: We tried to, I went to the Chief and he said no way. It is too close to the center, I don't want to burn the center down. Anyway, do our members have any questions for the • . Meridian City Council May 17, 1994 Page 39 City Council? Kingsford: Every year you guys come in we are all that much closer. Shanks: I would like to come in another year from now, please come over to the center and have lunch some day, you witl enjoy it. Wayne I know you will enjoy it. Ki~gsford: It has been a while since I've been over and I have enjoyed it. Shanks: One thing I want to bring up is the 24th, a Tuesday I believe we have a meeting wit Weiser, Alan (inaudible) will come down and he is looking for some answers to questions from the City Council or the Mayor or business people in Meridian. This meeting is at 1:00 and this is grant money for 1995 and 1996. So, if we can have some input from people in Meridian, business people or the Council and Mayor this will help us get money from Weiser. As of now we get July 1 st a new contract for 1995, will be a Title 5 position for a dispatchec which we do not have at the time. We do have a driver, before this it was paid out of the center. And now Weiser has given us grant money for a dispatcher and a driver and a janitor. And that really helps us, if we lose that we are really going to be hurting. Because we really don't have that much money in the maintenance and operation to pick up 3 hired people for 4 hours a day a piece. So, if you people can come over on the 24th at 1:00 and hear this input and maybe, I know they are going to ask questions, and you can answer a lot of them for us too. And I would really appreciate it if some of you people can come over and help us out on that. Thank you very much. Kingsford: Thank you ITEM #12: PINE STREET SCHOOL AGREEMENT: Kingsford: Counselor would you address that please. Crookston: That agreement I drafted with a minor change by Mark Freeman for the School District. The change from what I drafted and what had been before some of you was in the termination of the agreement. It is in the last paragraph, originally it was set up for a year term and that it had to be renewed at the end of the year. The way this is set up it just runs perpetually until it is terminated by one of the parties. That is the only change that was made in the agreement that I initially drafted up that Grant reviewed. I think it fairly sets forth the agreement that was discussed between myself and Grant and Doug Routan. Kingsford: To jog your memory Council that is the City's Centennial lasting legacy, a cooperative agreement between the school district and ourselves. I think it very fairly lays ~ ~ Meridian City Council May 17, 1994 Page 40 out responsibility and so forth for the building and its operation. The school district, the board on Monday approved that, 1 see that Mr. Mabe and Mr. Hailey have signed it. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Pine Street School Agreement, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Do we need a separate motion to authorize me to sign it? Crookston: I think that would be appropriate. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to authorize the Mayor and City Clerk to sign this agreement, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: DEPARTMENT REPORTS: Kingsford: Chief Gordon: Nothing Mr. Mayor Kingsford: Mr. Smith Smith: No Kingsford: Commissioner Bryan: Nothing Mr. Mayor Kingsford: I hope we are getting your situation resolved, and certainly if there are further problems, apprise me of those. I know that Bruce is now in tune with what they are and • • Meridian City Council May 17, 1994 Page 41 we will get that remedied. Mr. Crookston Crookston: On your agenda are 4 ordinances that need to be amended to correct legal description problems. Kingsford: That was their only problem as I recall. That in mind let me proceed with those amended ordinances. AMENDED ORDINANCE NO. 610, AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AT A PORTION OF GOVERNMENT LOT 5 AND THE SOUTHEAST QUARTER NORTHWEST QUARTER, OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance 610 read in its entirety? Is there a motion? Tolsma: Mayor, 1 move that we approve Amended Ordinance 610 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Amended Ordinance #610 with suspension of the ru~es, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All Yea Morrow: Can we flock shoot these? (End Of Tape) Kingsford: t don't think so. AMENDED ORDINANCE N0. 619, AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE SOUTH HALF OF THE SOUTH HALF OF THE NW 1/4 OF THE SW 1/4; AND THE SW 1/4 OF THE SW 1/4; AND A PORTION OF THE WEST HALF OF THE SE 1/4 OF THE SW 1/4, ALL IN SECTION 32, T. 4N., R. 1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AND EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance No. 619 read in its entirety? Is there a motion? Yerrington: I move for approval of No. 619 with suspension of the rules. • • Meridian City Council May 17, 1994 Page 42 Tolsma: Second Kingsford: Moved by Max, second by Ron to approve Amended Ordinance No. 619 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - yea MOTION CARRIED: All Yea Kingsford: AMENDED ORDINANCE NQ. 625, AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance No. 625 read in its entirety? A motion Tolsma: Mayor, I move we approve Amended Ordinance No. 625 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Amended Ordinance No. 625 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Tolsma - Yea Kingsford: AMENDED ORDINANCE NO. 630, AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SECTION 6, T. 3N, R. 1 E, that doesn't read properly Wayne have you looked at that? Crookston: I don't have a copy in front of ine. Kingsford: That reads like something I would write in the early A.M. Yerrington: Should we table it? Crookston: The heading Kingsford: Which is what I read, which is what the people. • • Meridian City Council May 17, 1994 Page 43 Crookston: The heading probably needs to be corrected. Kingsford: Let's have that at the next meeting. Anything else? Morrow: So we are tabling that? Kingsford: We had better have a tabling motion. Yerrington: I move we table Ordinance No. 630 with suspension of the rules. Morrow: Second Kingsford: Moved by Max, second by Walt to table Amended Ordinance No. 630, all those in favor'? Opposed? MOTION CARRIED: All Yea Kingsford: Shari Stiles: Mr. Mayor, Councilmen, I wish I had this development agreement ready for you to review tonight, unfortunately it is not finalized. I need to work with Gary Smith on some items on the well site with Summertield and work with Wayne Crookston. I just wanted to request if the Council would approve the major signing and having it attested to by Will once Wayne Crookston and Gary Smith and I have had the opportunity to final it out. I think you have all received draft copies. Kingsford: 1 did, I guess the Council has not. Stiles: I will get you a copy. Just because he has his plat recorded now for phase 1 and he is going to come in for building permits and we have been putting him off and putting him off. I was hoping we wouldn't have to wait until the next Council meeting to get that. KingsFord: I think that is probably not unacceptable to Council. If they would like to review that and come in and give me information we can still work that back and forth before I sign a copy if you are comfortable with that. Tolsma: What are we talking about, Wednesday, Thursday, Friday. Kingsford: Unless there is a change, if you are uncomfortable with that we shoot it back and it might be that it would be passed at the next meeting, it might be that it is satisfactory to you. C~ Meridian City Council May 17, 1994 Page 44 • Morrow: Let me offer the only comment that I can offer is that we talked earlier seriously about those folks having it so that we addressed those agreements in a public forum. I don't think it makes a lot of sense even though there are no public here with some exceptions for us to go against our own concept. This being the first one through it seems to me like and I don't doubt everyone's competency in terms of reviewing the thing. It seems to me like we ought to set our own example and press forward with the thing and have it brought b~efore the Council at the ne~ meeting as an example to the other folk that may be showing up as to how to do it. What good does the object lesson do if we are not going to do the object lesson. And if we put it on display as a presentation of here is a development agreement and here is an example of what takes place. Those are my thoughts. Kingsford: Any discussion? Tolsma: Sounds good Kingsford: Well, it is 2 out of 3, if you want to make a motion do so. Tolsma: Is this a problem on their part for not drawing up a development agreement or is it a problem on our part for not doing it? Stiles: It is really a problem on our part because we have taken on the responsibility to these development agreement. You know as Wayne Forrey talked about tonight, it really be better for us if they approached us with the development agreement. We can give them the basic outline and then they address specific requirements as they come up during the development process. But to have to approach the Council with each specific development agreement is going to be really time consuming I think. I think if the Council can look at the base that has been prepared by Wayne Crookston and if the have any specific concerns on a project to let us know that, but basically Gary Smith and I and Wayne Crookston are going to be the ones that have to hammer this out to incorporate all the comments and all of the provisions during the development process. Morrow: Shari, 1 think that document ought to be, at least in general ought to be part of the presentation at the final plat approval hearing so that in our package we've got all the information plus a draft of the proposed development agreement. So that we know exactly what we are voting for. Stiles: This final plat has been approved and recorded. Tolsma: (Inaudible) the final plat is already done (inaudible). ~ Meridian City Council May 17, 1994 Page 45 • Morrow: I understand that Ron, what I am proposing is more symbolic in nature. I am not opposed to issuing building permits and letting those folks get off to a start. But I do think for the first development agreement coming down the pike that we ought to approve that in the public arena as an example of what we are after. Kingsford: You are telling staff that they can go ahead and issue building permits? Morrow: I think what I am after here is that if #hey get everything hammered out and in principle the agreement is done and our interests are protected than issue the building permits and bring the document before us at the next meeting, we review the document and approve it and that way we have set the example of how it is we as a city want to do this. Kingsford: I guess the only problem with that is you are saying exactly the same thing, you are saying go ahead and do it and it might be satisfactory later. Tolsma: Well, we haven't even seen a draft of it yet. Yerrington: Well, couldn't we see a draft of it and give our approval individually? Kingsford: Well, that is what I am proposing that you do that and Walt's comments were very well founded in terms of public meeting, I don't disagree with that. I do have some concern about this one, this has been dragging along and I think largely this one is our fault. I think probably what we should have done, if everybody has 20/20 hindsight is we should have done what Mr. Forrey is (inaudible) that is you develop an agreement, we sign off on it and have it here for the final plat. We were treading new water on that ! don't think that Boise or others have done that in the past. It is an excellent concept this is where we start with it. Morrow: Well, its not the article that Wayne is working on as the general format for that, I mean the body but not the specifics of the development agreement proposal. Crookston: Right, its the body of it. Kingsford: ! think that the nuts and bolts of the thing though have been discussed in the public arena in that sense and what Shari is going to get from that and Gary is those comments that were held in the public hearing. The requirements the Council placed on it and so forth and 1 think those need to be incorporated in the document so that we have a binding agreement with them. Whatever you guys are most comfortable with I certainly don't disagree with. ~ Meridian City Councit May 17, 1994 Page 46 ~ Crookston: The only comment that I have is and I don't know that is going to occur in Summerfield, but the question that rises in my mind is are we going to require something in that development agreement that imposes a hindrance, say a house is built or started, a foundation is layed and we want something to be put in where that is? Kingsford: I didn't understand that, that must have been an University of Idaho thing that you said there. Crookston: Let ri~e back up, let's say we go ahead and issue a building permit and then we decide that we really need this in that space such as a sewer easement and they have to take out the foundation. Kingsford: Well, I think that is not a real good appraisal because Gary has already reviewed the sewer and all the utilities, we know where those are at. That has been done before that plat was ever signed off. What we are talking about here is soccer fields and a whole variety of other things that came up in that public hearing. Tolsma: It specifies in this draft that the soccer field (inaudible) Kingsford: I think it says its dimension and a whole range of things. Stiles: All of the items in that would have been either in the findings of fact or within the ordinance annexing and zoning it or in minutes of the City Council meeting. Tolsma: But they specify what lots its supposed to be and what phases? Stiles: Yes, I don't think it would be a problem on this one, there are some development agreements pending that the only thing we have left holding over their head is no building permit until this is done. But I don't think there is a problem with this particular one. Kingsford: I think what we have been discussing in the department meeting and so forth is the logical approach and that is we get our checklist and development agreement is part of that thing before you submit. That is how you deal with that in the future. I say this one has been I don't know how long ago but it has been some time that the final plat has been signed. Morrow: Well, from my perspective it is whatever Max and Ron think. I think that I have stated my position that it is symbolic in nature. Yerrington: I move tha# we give the approval with the Mayor checking with us after we have had a chance to read this document and sign this at a later date, this week ~ • Meridian City Council May 17, 1994 Page 47 preferably. Kingsford: Is there a second, hearing no second the motion died for lack of. I have a class that starts at, I have to be at 5:15 ready to shave and be at school at 6:00, we have 8 hours so go ahead guys. Tolsma: I think I would just assume to see this development agreement brought up at the next Council meeting and discuss it there. Yerrington: The only trouble there is 3 weeks between now and then, they are waiting for building permits. Kingsford: Are you guys comfortable with Walt's comment before, issuing building permits. Cutting them off if it doesn't. Yerrington: I would amend my motion that was not seconded to include Walt's suggestion to allow building permits. Kingsford: That is not a very good motion because the motion was that we sign it. Morrow: Okay new motion, we will sign the development agreement pending presentation at the first meeting in June, in the interim pending satisfaction of our department heads we will issue building permits for Surr~merField No. 1 after we reviewed the documents. Tolsma: Second Kingsford: Moved by Walt, second by Ron to require the development agreement to be at the next City Council meeting, the first meeting in June, that building permits will be allowed pending staff approval of that development agreement prior to the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Counselor? Crookston: Mr. Morrow'? Morrow: Nothing Mr. Mayor Kingsford: Mr. Yerrington? ~ • Meridian City Council May 17, 1994 Page 48 Yerrington: Yes, I have one item, Mr. Corrie is not here to defend himself, he owes the Police Department $875 for a vehicle which we transferred to him and I just want you to know that the Police Department is on the stick for $875 that is all I have. Morrow: Excuse me Mr. Yerrington, I would move that Mr. Corrie's Fire department pay the Police department $875. Yerrington: Second Kingsford: Are we talking about the car that you just traded in? Gordon: (Inaudible) Kingsford: What car are you talking about the one that you traded in on the new car. I don't want to have these guys in a bitter comment of each department something that went somewhere else. Well, I would recommend that you table that until Mr. Corrie is back to defend himself. Morrow: No, we don't want him to defend himself. This is called a railroad. Yerrington: We make him the $875 Kingsford: We make him pay it and if he doesn't we garnish his wages. Morrow: No he will have to match for a donation to the Senior Citizens center. Kingsford: Anything else Max? Yerrington: Nothing Kingsford: Ron Tolsma: Nothing Kingsford: Will Berg, Jr? Doty: No Morrow: Oh, I wanted to recognize our substitute City Clerk did a heck of a job tonight. And it is a substantial visual improvement over the other City Clerk. ~ Meridian City Council May 17, 1994 Page 49 Kingsford: I entertain a motion we adjourn. Morrow: So moved Tolsma: Second • Kingsford: Moved by Walt, second by Ron that we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: I would entertain a motion that we re-open the meeting. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to re-open the meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: 1 had asked, we have an emergency and everything was tumbling along I had asked Mr. Forrey to prepare documentation on our water system. So as to get out and refurbish well 12. He has made that and has a presentation and I will ask him to make that presentation. Forrey: Thank you Mayor, Council, in 1992 I prepared a housing analysis and a water analysis for the City, you might recall that document. It looked at the capacity of the system, Boise Water Corporation, Health and Welfare and how they look at capacity. I have updated that and that is what the Mayor asked me to do and I am going to pass that out and walk through a few pages quickly. Let's get right to the meat of the issue here, turn to page 4. You might see some yellow highlighting there, but let me read that paragraph it is in the middle of the page there. "Based on the housing units already constructed ad occupied plus units under construction as of May 15, 1994, the City of Meridian should anticipate providing services to a population of 18,200 residents and 6,695 dwelling units by September 1, 1994." And the rest of that inforrnation above shows how that was calculated with looking at the current permits, anticipated permits and analysis with Shari Stiles and Gary on all of the activity. Now if you turn to the next page 5, in summary this is the activity that has happened in Meridian at the City Council since June of 1992. The first thing is total planned building lots, that is the annexations that have come in and been approved by the City Council at 1,821 lots. Then we have had • Meridian City Council May 17, 1994 Page 50 • preliminary plats up to May 1 of this year at 1,407 lots, and then final plats which have been approved at 1,237 lots. And the next few pages are just a tabulation of all of the names the number of lots and the dates. And if you would go to page 9, here is some critical information. You will see all of the municipal wells, there are 9 wells in the City of Meridian. But you #12, you have a water right for 896 but it is not producing any water at all. So right now you have a capacity or pumping capability of 6,875 gallons per minute, when you take it times the number of minutes in a 24 hour period you come of with 9,900,000 gallons that is the maximum water that Bruce Stuart can get out of the ground right now. Turn to Morrow: Wayne, why is number 3 out of service? Forrey: I don't know, Gary Smith, well no. 3? Smith: That is the well that is at the water department. Tolsma: That is the one that supplies the water trucks. Forrey: It is not looped in? Smith: Well, I think it is but they don't use because, t don't know the reason for it. Kingsford: It could be used in an emergency. Smith: It could be used but they don't use it. Primarily they fill water trucks out of it. Forrey: If you will turn to page 12, item number 3 you will see that the potential water connections by September 1 of this year in the City of Meridian would be 6,495 and then September of 1995, a year later given the forecast growth and the number of connections that would be 7,157. Now if you will turn to page 14, these other tables are arriving that these figures, you will see the first thing there your current system is just under 10 million gallons of a capacity. But the way that Boise Water Corporation and the Department of Health and Welfare recommend that cities calculate true capacity is to remove the largest well from the system and then determine your capacity based on that. So the assumption for safety is that if your largest well goes down that is your safety factor. And so when you factor out then well no. 10 which is your big one, our real here in Meridian is just under 8 million gallons. Now you see what the demand was in 1993, about 8 million gallons, 1994 and these are based on September 1 of this year projections will be 9.3 million and then September of 1995 will be 10.3 million. So when you look at the capacity balance right today essentially the City is down one well or almost 1.4 million gallons. So it is gong to take one well to reach the demand that you have now on the system. And then the 1995 • Meridian City Council May 17, 1994 Page 51 number it is 2 wells. • Tolsma: I have a question, now is this the (inaudible) and not factoring in the pressurized irrigation. Forrey; No, it does not, that is not in the mathematical equation here. And it is not in the Boise Water Corporation factor either. Tolsma: If we factored in our pressurized irrigation it would take a percentage off of that. Forrey: But that is not moving fast enough, we have connections coming like this, and pressurized irrigation is still kind of out there. Tolsma: (Inaudible) on line now wouldn't require a many gallons as it did in the past. Forrey: That is correct Kingsford: Well, a significant number of those in this year will not (inaudible) that fall in that category. And further something that I don't think that Wayne's comments here address that I have some real concern about is putting more water on new lawns. And people are not going to let those die and our average use is higher than the National Water Works average use I think. It is critical just using what they are talking about, I think our problem is even worse yet. Forrey: Most of what this demand is are approvals that occurred in 1992 and 1993. You know the things that you are approving tonight witl be in the 1995 calculation. So, most of that was not subject to pressurized irrigation in terms of approval. Go to page 15, here is a summary of the findings, most of that on that particular page pertained to the housing portion of that study, but at the bottom are a couple of things that I feel are critical. First of all that your current water system is over the safe operating capacity and you don't have any reserve capacity at all for fire, it is just not there. The last item there is a public emergency exists in the source system of your water system. The demand has exceeded your system capacity. On the last page, some recommendations. The most urgent there are probably the top 2. The first one is that the city needs to immediately rehabilitate well 12 and get that thing on line. You have a well there but it is not anything and you need that well. And then the 2nd thing is that the city should declare a pubtic emergency and contract with the water well contractor for emergency repairs as soon as possible. And then you are still down one other well and you have well 16, well that is one of these other recommer-dation develop wel{ #16 as soon as possible. And possibly explore we11 #3. Tolsma: Isn't that supposed to be on line in about a week? ~ Meridian City Council May 17, 1994 Page 52 Forrey: Na, that is 15. Kingsford: We haven't put 16 up for bid yet. ~ Forrey: Given the approvals that have occurred you are going to need well 16 just as soon as possible, and well 12. Morrow: Mr. Mayor, I would move that we declare a public emergency and authorize City Engineer Smith to enter into negotiations with a well rehab person and to authorize you and the City Clerk to sign that contract post-haste. Yerrington: Second Kingsford: Discussion, Mr. Crookston Crookston: Do you want to declare Mr. Forrey's report as findings and justification for the emergency? Morrow: I would add that to the motion. Kingsford: It has been moved by Walt, second by max to utilize Mr. Forrey's findings as information justifying and declaring an emergency in our water system authorizing the City Engineer to contract with a well rehabilitator and move post-haste to correct that well and authorize the Mayor and City Clerk to sign that contract, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Gary, I might ask where are we at with the licensing and bid documents on well no. 16? And where is its location, jog my memory, is that the one in what's his name's property? Smith: We have the site, I have the bid documents (inaudible). Kingsford: Is that one that we are going to do a diesel generator on too? What does that call for in our water plan? Smith: I think the diesel generator needs to go across the interstate on well (inaudible). I don't recall if one is required on Well 16 or not. Kingsford: Well, let's get that moving if you get Mr. Squires moving on that. I would entertain that motion again. i ~ Meridian City Council May 17, 1994 Page 53 Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Wait to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:15 P.M. (TAPE ON FILE OF THESE PROCEEDING) ATTEST: ~`~~L~~~---r ~ i WILLIAM G. BERG, JR., CI C RK GRANT P. KINGSFO D, _ _ _ _ _ ' $-1~ 9'4 . ~ ~ ! ~1 c ~'`'~ UPDATE OF THE MARCH 1992 SUMMARY ASSESSMENT Hausin inventor and g Y Water Analysis MAY 1994 PREPARED FOR Meridian Cit Council, and y Plannin /Zonin Commission g ~ PREPARED BY WAYNE S. FORREY, AICP ~ • 'I'able of Contents Item Current Housing Conditions A. Constructed Units B. Proposed Units 2. Current Water System Conditions Findin~s and Recommendations ~~ - • . 1. C'urrent Housing Conditions To obtnin a snapshot vierv of the current housing industry~ cmrl market in Merirlian is like trying to milk a running co~v... if you can keep up ivith the co~v you cnn get ilze joh clone. Information from the following sources were used to obtain a snapshot view of the current housing conditions in Meridian. Where applicable, this information has been updated to May 1, 1994. • Ivleridian City Planning Director • Meridian City Engineer • Meridian Building Inspector • • Meridian Water Department . . • Ada Planning Association ~ • JUB Engineers, Inc. • Ada County Multiple Listing Service s Idaho Power Company • First Security Bank • Idaho Department of Commerce • Field work conducted by Wayne S. Forrey p, C'nnttni~ted Ututs Constructed/under construction housin~ units are dwelling units that have been buitt since April l, 1994 or are units currently being constructed. These units have a 96% probability of being occupied within 90 days of completion. Vacancy rates in Meridian are extremely low. (Rental = 3%, Owner = 1.3%) Because of these low vacancy rates, builders report that most units are pre-sold. If a unit is not sold prior to construction, most sales occur during construction or within 90 days of completion. Meridian builders can generally have a typical 1500 square foot home completed within 90 days. With a 90 day after construction carry time, this housing unit will usually be occupied within 180 days of building permit date. A review o~ current real estate trends indicate that most Meridian homes are sold and occupied within ] 30 days of the building permit. ~.?~ - • • Generall}~, most residential buildin~r permits issued up to March 1, 1994 wil] connect to City utility services within 180 days or by September 1, 1994. Recent buildin~ permit activity is presented in table 1 below. Table 1 City of Meridian Summarized Recent Building Permit Activity - March 1, 1992 to March 1, 1994 Total Dweilin~ Units as of March 1, 1992 = 4,290 Housing Building Permits Balance of 1992 = 730 Housin~ Buildin~ Permits in 1993 = 970 Housing Building Permits Jan l to March 1, 1994 = 280 Total Potential Dwelling Units as of March l, 1994 = 6,270 Anticipated Water Connections for April 1, 1994 to = 225 May 15, 1994 Total Potential Dwelling Units as of May 15, 1994 = 6,495 Note: By September 1, 1994 all 6,495 units are anticipated for occupancy or connection to City utility services. Based on the housing units already constructed and occupied plus units under construction as of May 15, 1994, the City of Meridian should anticipate providing services to a population of 18.200 residents and 6 495 dwelling units by September 1, 1994. B. Pronosed Units For tinal plat subdivisions that v~~ere approved .prior to the March 1, 1994 the development process is moving forward without delay. Developers report that Meridian final plat subdivisions approved prior to the March 1, ] 994 will ~enerally have lots on the market within the next four months or by July 1, 1994. Using the l80 day lot to sale/occupancy period, it is reasonable to expect that any final plat subdivision currently being processed by the City of Meridian (recorded by July 1, 1994), will require connection to the City utilities by January 1, 1995, or about 8 months from now. Table ?(on the following pages) lists each of the annexations, preliminan~ and final plats that were recently or are currently being processed by the City of Meridian. ~y - C~ • Table 2 .. j~~ ~, i G' 4' ~ City of Meridian RP~,~Pnt~al Suhd~vision Activit~A~oroved bv the Cit~ ~f Mpridian Since Total planned building lots equals 1.821. Total appro~•ed preliminan~ plat building lots befi~~een Februan 18. 1992 and Mac 1. 199~ equals 1.-~c~7. Total approred final plat building lots bettir~een Februan l8. 1992 and Ma}~ 1. 199-1 equals j:2i7. The 1992 Ciri~ of Meridian Water Anal`-sis tabulated lot appro~~als up to Februan~ l8. 1992. The information in Table 2 includes development appro~~al beri~~een Februan~ l8. 1992 and Ma~~ 1. 1994. .,.., 5 - • • NiERiDIAN 1994 WATER ANALYSIS Table of Development Activity Project Name Annexation Lots Date Applegate Subdivision 48 6/16/92 Crystal Springs Subdivision 121 3/19/93 Dove Meadows (aka Cheri Meadows) 113 3/16/93 Wingate Subdivision 74 1993 Tum~le Creed Subdivision 292 9~7~93 Lansbury Lane (aka Lounsbury) 41 9/7/93 Ewing Annexation (aka Fothergil) 184 1993 Chamberlain Estates 99 9~~~93 Cougar Creek Subdivision 35 . 9/7/93 Summerfield Subdivision 2~~ 9~~~g3 Mid Valley Business Park 5 7/13/93 Kentfield Manor 57 10/5/93 Englewood Creek Estates 92 9~~~93 Los Alamitos (aka Sagehen} 75 4/5/94 Sportsman Pointe Subdivision #4 30 3/15/94 Preston's Aspen Grove Estates 134 5/10/94 Dakota Ridge 135 4/12/94 Rock Creek Subdivision 20 4/12/94 Fire Light Estates 27 4/12/94 Westdale 39 4/12/94 1821 ~. (c; - • • MERIDIAN 1994 WATER ANALYSIS Table of Development Activity Project Name Preliminary Plat Lots Date Fieldstone Meadows (aka Ustick Meadows) 245 11/4/92 Fothergill Subdivision No. 1 80 8117/93 Los Alamitos 73 1994 E!k Run Subdiviison #2 44 ~ 993 Finch Creek 46 3/8/94 Summerfield #3 64 4/19/94 Turtle Creek Subdivision 245 4/12/94 The Lake at Cherry Lane No. 3 111 5/17/94 Arrow Leaf Subdivision 87 5/10/94 Pine St. Sub-State Street Ext. 15 5/10/94 Fawcett's Meadows No. 2 10 • 5/31/94 Bedford P(ace Subdivision 153 5/31/94 Preston's Aspen Grove Estates 131 5/10/94 Ramble Woods Subdivision 13 5/31 /94 Chamberlain Estates No. 2 28 5/31/94 Hartford Subdivision 62 5/31/94 1407 ,., ''7 ~. • • AlicRiDIAN 1994 WATER ANALYSIS Table of Development Activity Project Name Final Plat Lots Date Fieldstone Meadows No. 1 34 3/2/93 Fieldstone Meadows No. 2 39 7/6/93 Fieldstone Meadows No. 3 49 7/6/93 Sunnybrook Farms No. 5 30 3/2/93 Appiegate Subdivision No. 2 18 4/6/93 One Subdivision No. 4 ~ 25 5/20/93 Kearney Place Subdivision No. 2 25 8/4/92 Kearney Place Subdivision No. 3 25 3/16/93 Conifer Subdivision 23 9/7/93 Carnelian Subdivision 2 9/7/93 Sportsman Pointe #3 57 9/7/93 Candlelight Sub. #3 Final 44 9/21/93 Wingate Place Subdivision #1 22 8l12/93 Dove Meadows, aka Cheri Meadows 113 1993 Haven Cove #2 52 5/18/93 Midtown Square Subdivision 46 9~~~93 Rods Parkside Creek #4 106 10/5/93 Summerfield #1 71 10/5/93 Haven Cove #3 63 21/7/93 Valeri Heights" 21 3/15/94 Crossroads #2 43 1994 Summerfield #2 47 3/15/94 Tuthill Estates No. 2 14 4/5/94 Waterbury Park Subdivision No. 4 35 4/19/94 Elk Run Subdivision No. 2 44 4/19/94 Tract Subdivision No. 5 75 4/19/94 Haven Cove No. 4 46 5/3/94 Fieldstone Meadows Subdivision No. 4 40 5/3/94 Los Alamitos Park Phase I 28 5/17/94 1237 _ ~ - • • 2. C'urrent Water Sv~tPm ('~nditions The current Meridian municipal water system includes elevated storage for system pressure and seven wells. The location of the wells are shown in figure 1 on the followin~ page. Water rights and pumping capacities are listed in Table 3. Table 3 City of Meridian W ater Rights and Current Pumping Capacity Muni~ipal WarPr u ~ght ~llowance . Well Number in all ons~Pr Minute (<Tnml ; 350 ~ 857 g 750 q 848 10 1,347 11 673 12 ~ 1 ~ 1,400 15 1,400 8,521 gpm mnin~ Ca,. nacit~ O~t.~ut ~ r'~~ n~ ~Pr minute (g~ml Out of Service 1,000 850 850 1,350 825 -0- 1,000 1, 000 6,875 gpm 6,875 gpm X 1440 minutes = 9,900,000 gallons, maximum daily system capacity. .._- ~ - s E~ . :., ~ ~~ ~~ ~ ~`- ~ - .~a ~,. . . ~ O• ~ - ~ o (c. . _ - ~~ w~ •wno ~ ~ ~ = ~ / \(~v ~J ~~'O u. 0- ~ o~~_ ~, o~~ Q ~ P Z • ''i - / W nmo itn~oi ~ ~no~o i W V ~~ y il~'Q.. s, ~, ( > ~ ''~ ~ > _ ~ ~ '' Oa l~oro lsn~o~ t~ E t ~ (C7 -~ ~ a~ ~ n 0~' J 1 t n J 0 1 I~ V ,~q~ ~ i` rJ 4~ ~ y = 2 2, t~~~ p ~110!'J lf/1J0~~o ~~^~WI~~Iffq01', E Wlo~' ,o..~ <- d s i_ c L~B~ m f.. ~ Z ~i~ ( < ~~ ~ ~ ~ Q c> W Ea t ~ (E ~ `n3 ~ / / ~ ~ ~ LL] ; ~.. ~O ~y . aa wiw• f_Ue=Pua a^ ` -~~ j I ~ ° L r I v M g (~(~ • ~ ~e~ ~z ~ r c W v ~A ,~[~ < o°; g~ ~" Q M~ L ~ M, F~L+ I ~~/ o i ~,~is ~ o ^ g' ~M oN~+~~~ ON~~uar <p~ • R AH10WIl ,L ti V C J Q,NE DN. ~ O~ C ~ Y w~ ' I D O L~ ~ I U V• f{/' O NO~YI •L ~ ~ O p. 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(i l ~ ¢ '~, ~ ~,. . ~ ~;;~ ~;~ eP`'' w'_-' ' ~ 3 -~ ~ ~~;e ,~~;,~ -~ ~,l ~_~ gl ; ~ =.~ `~ .,. : y ~ a~ ¢ m ~ W / ^ ..a ~ 4.Pp~~ W ' ~= w~1..~ ~/ N / ~~"~ ~ > : ~ e ~.' ; X ~ ~ 'r LY+ Z ~ ` p ~ J ~ O r~1 r~ Y~n w i~.' ~~ . u w I, ^ ly „r I Q ~~„ 1.^ Q~ i= ~ ~! /'-~/ '• ~.• i ~~ '=yQ > z ,, W ' ~ ~ ~ ~ ~a~ ~ f I~ __~ ~W (v~ ,a Q v Q o >, ~ i ` 1 . '.' ~, t Z ( ~ I .~ U ~ ; ~ " ~ ~ - ° t+. U U = ad f Y ! `' _ld~-~ _ - - ' ~~d'18 J `. ~ r~r ., ~ . ~~ _ } J = ~ ~ _ v _ L ° ¢¢ q~.- ~ d N ~ ~ = _ ` _~~`'~~' ~ ~ ~ ~. / ^ ~ Y4 C - G { ~ ~~ • • ln order to determine impacts to the Meridian water system resulting from recent bdivision approvals, Boise VVater Corporation, (BWC), U.S. Department of Housing ,d Urban Development, (HUD), and Idaho Department of Health and Welfare, (H&W) ere consulted. lnformation provided by each of these agencies in 1992 and again in 1994 helped ;termine reasonable water planning factors which could be applied to Meridians :uation. Because of the development similarity between Meridian and Boise's West ~nch area, (served by BWC), the water planning factors of BWC were appiied to the sidential grow-th situation in Meridian. Based on historical water use in the Boise Water Corp. West Bench service area, e BWC engineering department uses a water planning value of 1.0 gallons per minute ;pm) per hook-up to calculate an average maximum day of water demand. This value = ~40. Boise VVater Corporation engineers indicate that the maximum service peak occurs iy where within these windows: * 4:00 a.m. to 9:00 a.m. morning peak 7:00 p.m. to 9:00 p.m. evening peak ~ote: There used to be a definite evening peak but automatic sprinklers are now creatin~ an a.m. peak similar to the evening peak. Table 4(on the following page) presents water planning information in Meridian sing existing hood-ups, BWC planning factors and forecast development activity based n recent construction permits. Th'is information is provided to help determine maximum ay demand on the Meridian water system with current and proposed building activity. • • Table ~ City of Meridian Water Planning Calcuiations - Current Approved Development 1994 (Connection b,y September 1, 1994) 1. Current registered city connections in meter books = 5,589 2. Lots under construction with taps but no meters = 906 3. Total potential H20 connections (September 1994) = 6,495 6,495 connectians X i440 maximum gallons per day = 9,352,800 maximum day demand. Expected to occur by September 1, 1994. Table 5 Citv of Meridian Water Planning Calculations - Current Approved Development 1995 (Connections by September 1, 1995) Re~istered city connections in meter books = 5,589 2. Lots under construction, taps but no meters = 906 3. Approved Final Plat Lots for spring 1995 connection = 310* 4. Conversion of Preliminary plat lots to H20 connections = 352* S. Total potentiat H20 connections (September 1995) _~.1 ~~ * Note: Assumes 1/-1 of alread~~ appro~~ed final and preliminan~ plat lots ~cill connect to cin~ ~rater b~~ September 1995. This is based on historical de~•elopment trends in Meridian. 7,157 co~viections X 1440 maximum gallons per day = 10,306,080maximum day demand. EYpected to occur by September l, 1995. -~~- / . • • Taule G Citv of i~leridian August 1991 Waier Consumption Data - Cherry Lane Village Veritication of BWC planning procedure 1. Total lots in consumption test = 205 2. Average consumption per lot during August 1991 = 47,000 3. Current water connections = 5,589 4. Estimated new connections (906+310+352) = 1,568 5. Total estimated connections (Sep 95) ' . = 7,157 " 7,000 residential water connections X 47,000 monthly gallons divided by 30 = 10,960,000 gallons ma~imum daily demand. (This is within 6°/a of BWC value) Shown in Table 5. By comparing tables 4, 5 and 6, it is evident that the water planning figure af 1 gallon per minute to determine maximum day demand is applicable to Meridian. A comparison of forecast maximum day water demand with current system capacity is shown in Table 7. ~ ~ 3 .~ • • 'Tabie 7 Cit3~ of Meridian ~ Municipal Water System - Comparison of Maximum Daily Demand to System Capacity Capacity of Current System = 9,900,000 gallon capacity Capacity of Largest Well *** Capacity of Current System without Largest Well (#l0) 1Llaximum Daily Demand - 1992 Maximum Daily Demand - 1993 Maximum Daily Demand - 1994 i~laximum Daily Demand - 1995 = 1,944,000 gallon capacity (1350 x 1440) = 7,956,000 gallon capacity = 7,179,840 gallons September 1, 1992 = 8,Q29,440 gallons September 1, 1993 = 9,352,800 ~~allons September l, 1994 = 10,306,080 gallons September 1, 1995 Capacity Balance - 1994 = Negative 1,396,800 gallons This is the equivalent of "one" average Meridian well ( #7, #10. #14, #15) Capacity Balance - 1995 = Ne~ative 2,350,080 gallons This is the ec~uivalent of "TWO" average Meridian Wells. *** The Boise Water Corporation determines water system capacity on the basis of the effect of loosing the largest production well. If standard water service cannot be provided with the loss of the largest well, then Boise Water Corporation constructs additional wells and storage facilities. , T'he State of Idaho Department of Health and Welfare recommends that communities develop water systems that have reserve capacity which meet or exceed the capacity of the avera~e well within the system. The City of Meridian does not meet either the Boise Water Corporation or ldaho Department of Health and Welfare water system guidelines for reserve capacity. (Summer Demand) -. ~ ~{ - . ~ ~ ~ Findin and Recommendations -~i~c~ate to the 1992 Housing~r c~ VNatPr Utilit~~ Analysis A. ~or Findin~,~/Conclusions • Meridian will continue to attract large young families with moderate incomes. Housing will remain cost effective in Meridian, but costs will increase. • Builders will primarily construct 1500 sc~. ft. homes, 3- 3 1/2 bedroom units. Pressure for smaller lots will increase. • Meridian rents will increase but remain lov~r compared to Boise City. • Meridian will likely ~row at 5% to 7% annually during next 3 to S years. • Approximately 75% of housing will continue to be under $150,000. • Vacancy rate will remain below 5% (nearly closed rental market) • Apartment de~°elopment and female headed households will continue to expand in Meridian. • Meridian will continue to be less dense than Boise with average gross density at .80 DU/AC compared to Boise at 1.80 DU/AC. • The Meridian Housing Ordinance has helped diversify and provide housing opportunities for all income levels. • There has been an increase in home ownership in Meridian due to progressive City development policies to lower construction costs. • Current water system (source) does not meet Boise ~ Water Corporation or Idaho Department of Health and ' Welfare recommended reserve capacity standards ~iven the number of lots expected to connect by September l, 1994. ~ The current water system is ~ safe operating capacity without any reserve. There is no fire demand reserve capacity. ~~ If Well #10,(1,350 gpm) is shut down for repairs, the City of Meridian cannot meet maximum daily demand of the existing registered connections. • A public emergency exists in the City's water source system. Demand and fire flow have exceeded system capacity. - I `~ - , • . ,~ • • B. Recommen a ions • Given the critical, urgent need to expand the water system capacity, the City needs to immediatel~ rehabilitate well number 12 and achieve at least 1,000 gpm to provide basic water service for current customers. • To immediately rehabilitate well number 12, the City should declare a public urgency and contract with a water well contractor for emergency rehabilitation as soon as possible. • Investigate rehabilitation to well number 3 to help increase fire flow capacity. , • Continue current negotiations with land ~owners..and developers to secure well sites in all growth areas. • Develop well number 16 as soon as possible. (1000 gpm or greater needed to meet 1995 expected, already approved connections) • Implement an extensive City wide water conservation program during summer peak months to retain reserve capacity. Recommend AWWA program including alternate day sprinkling and school awareness pro~rams. • Implement inexpensive computer tracking program to monitor all development permits and approvals. • Update zoning and related ordinances to implement the Comprehensive Plan update to help citizens and City leaders address growth and related development issues. ~j~,; - i ~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, MAY 17, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD MAY 3, 1994: ~~!~~ 1. TABLED AT MAY 3, 1994 MEETING: LEASE AGREEMENT WITH KEN HAMILTO PRES~EfV TATIONS: ~I'4,~~ 1~-,~GX Jwv~ "~,199 y 2. FINAL PLAT: SALMON RAPIDS SUBDIVISION, 49 LOTS BY FARWEST DEVELOPERS: ~ i ~ ~'~ ~, -94~a , ~ 3. COVENANTS, CONDITIONS, AN RESTRICTIONS OR SALMON RAPIDS: Q~~R~1/~-~` U ~ („~ ~j 4. F1NAL PLAT: LOS ALAMITOS SUBDIVISION, 28 LOTS BY FARWEST DEVELOPERS: d°'~^~. ~ ''~` .~9 t~.,,Q~~JI' '-~u,,~,,,Q ~,19 ~i 5. C~VENANTS, CONDITIONS, AND RE T ICTIONS FOR LOS ALAMITOS PARK: 0~~~~d ~J i~ 6. COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HUNTS BLUFF NO. 2: '~7'r~ h~ ~ C~~7~'1~ 7. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION BY STEtNER DEVELOPMENT: w ~ C.sr~o~.~'1'4~ 8. FIELDSTONE EADOWS NO. 4: PRESSURIZED IRRIGATION WAIVER: ~~~ 9. MIKE MACGOd~,d ADVERTISING SIGN: 10. GAINELLE MASSOTH: GROWTH AND EXPANSION: 1 1. GENE SHANKS: MERIDIAN SENIOR CITIZENS ASSOCIATION FUNDRAISING: 12. PINE STREET SCHOOL AGREEMENT: Q,~~~~ 13, DEPARTMENT REPORTS: A. WAYNE CRQOKSTON, CITY ATTORNEY 1. AMENDED ORDINANCE #610 - FOTHERGILL/ EWING 2. AMENDED ORDINANCE #619 - SUMMERFIELD 3. AMENDED ORDINANCE #625 - REZONE TO L-O e-~pu~ 4. AMENDED ORDINANCE #630 - HERON C(?VE -~~,~.r~ B. SHARI STILES, CITY PLANNER 1. DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBD. 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'If~~~~- I ~ ~ ~ _ .~„ _ _ . ~ . _~,,,,~,e~ ._~ ~lJI,. ~,~-,_ 1~. ~.a,~, ~ ~ I~....w..,...__.. _...._ _ ._,,,___.. ~. . _..._ . . __, __._ . _... ___ __._: __._.____ . ___ .. ..-.--. .. .,____.4_,.__..__ .__._.._.._....._. .........,...,.~-----..-~- + •, Q,Q,C@,~v ~ ~ ~ ~ agr •~ T DECLARATION OF COVEN~NTS, CONDITIONS AND RESTRICTIONS OF SALMON RAPIDS SUBDIVISION THIS DECLARATION is made as of the ~ day of , 1994, by FARWEST DEVELOPERS, INC., hereinafter referred to as "Declarant." RECITALS: A. Declarant Farwest Developers, Inc. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: Northeast quarter of the Southeast quarter and the North half of the North half of the Southeast quarter of the Southeast quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, in Ada County, State of Idaho. Except that portion lying within the Locust Grove right of way. Except that portion if any lying within Kachina Estates Subdivision according to the plat thereof, filed in Book 35 of Plats at Page 3016 and 3017, records of Ada County, Idaho. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 ~ ~ ~ NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE 1: DEFINITIONS. The following terms shall have the following meanings: 1.1 "Association" shall mean and refer to Salmon Rapids Subdivision Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.2 "Subject Property" shall mean the property defined as Subject Property in the recitals above. 1.3 "Lotfsl" shall mean and refer to the plots or tracts of land comprising Subject property, designated by lot numbers on the plat, or any resubdivision thereby. 1.4 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.5 "Declaration" shall mean this Declaration. 1.6 "Dwelling Unit" shall mean that portion or part of any structure intended to be occupied as a single-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 ~ • 1.7 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security inst~ument by which a Lot is encumbered. 1.8 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. 1.11 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.12 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.13 "Plat" shall mean and refer to that certain plat of Salmon Rapids Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.14 "ACC" shall mean the Architectural Control Committee. ARTICLE 2: ASSOCIATION MEMBERSHIP 2.1 Each Owner shall be a member of the Association, except the owners of Lot 1, Block 2, Lot 8, Block 2 and Lot 1, Block 4. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 ~ • qualification for membership and shall automaticaliy commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot, except Lot 1 Block 1, Lot 1, Block 2, Lot 8, Block 2 and Lot 1, Block 4 which shall have no membership associated with their ownership. If there are multiple Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. ARTICLE 3: VOTING RIGHTS 3.1 There shall be one vote for each membership and one membership for each Lot, except Lot 1, Block 1, Lot 1, Block 2, Lot 8, Block 2 and Lot 1, Block 4 which Lots shall not have memberships. Each membership shall be entitled to one vote for each Lot owned. ARTICLE 4: ASSESSMENTS 4.1 Creation of Lien and Personal ObliQation of Assessments. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay to the Association special assessments should the Association levy such assessments from time to time. If assessed, special assessments, together with interest, costs of collection and reasonable attorney fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 , .,' /~ f • ~ ' ~ ~ , 4.3 Notice and Quorum for Snecial Assessment. Written notice of any meeting called for the purpose of making a special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a special assessment is to be considered at such meeting. A quorum of not less of the members entitled 1 shall be required at such mee ' er in person or by proxy. 4.4 Uniform Rate of Assessment. Special assessments must be fixed in an equal amount for each Lot. All special assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. 4.5 Effective Non~ayment of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 4.6 Subordination to the Lien of Mortgage. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 .' • • ARTICLE 5: PROPERTY USE RESTRICTIONS 5.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes. (b) Lot 1, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3 are common areas and shall be owned and maintained by the Association. (c) No lot may be further subdivided. (d) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs and/or cats o~ other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an owner's lot. (e) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. (f) No equipment, motor homes, trailers, boats, camper, recreational vehicles, a~~i. other mobile equipment, trailers, implements, ~ vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 • • approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (g) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (h) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (i) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. 5.2. The owners have been made aware that the subject property has been developed in an agricultural community and that there will~ ~ continue to be agricultural uses of some of the surrounding properties. The agricultural uses of the surrounding properties, including the use of agricultural machinery, burning and chemical weed control and fertilization, and the raising of livestock, although restricted from the subject property are not necessarily restricted from neighboring properties. This provision specifically puts the owners on notice of such potential conditions. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 . ~ • ARTICLE 6. BUILDING RESTRICTIONS 6.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre-built or premanufactured home shall be allowed on any Lot. 6.2 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,500 square feet, measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 6.3 Construction of Buildings. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started unless prevented by weather, acts of God, strikes, material shortages, or other causes beyond the reasonable control of the Owner (not including financial causes). 6.4 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 • • on the Owner's Lot. All such buildings shall be constructed only after approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. ~_~ 6 en~~c s All lots shall have fencing, however, no fence or wall of any kind r shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Los Alamitos Park Subdivision. (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6') shall be allowed without the prior approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 ,' • • (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. 6.6 Landscaping. The following provisions shall govern the landscaping of Lots within Los Alamitos Park Subdivision: (a) The owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve in writing said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a lot shall be in accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at least two inch (2") caliper or one (1) pine tree of at least six feet (6') in height and one (1) flowering tree of at least two inch (2") caliper in the front yard, three (31-five (5) gallon plants and five (5)-one (1) gallon shrubs in the front yard. The use of berms and sculptured planting areas are encouraged. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 ~ • ARTICLE 7: ARCHI'I'ECTURAL CONTROL 7.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shalt be undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 7.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved in writing by the ACC and which are compatible with other Buildings on the Lot and on neighbo~ing Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shake shingles or Pabco Premiere Architectural 25 year (or better) dimensional Asphalt shingles, weathered wood or driftwood color or as approved in writing by the ACC. 7.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Los Alamitos Park Subdivision, provide parking regulations and other rules regulating the same. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 • • 7.4 Exterior Enerqy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. 7.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 7.6 i n. No commercial b+llboard or advertising shat! be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sa{e" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give direct~~s to traffic or pedestrians or give special instructions. Any directional or identification sign in Los Alamitos Park Subdivision shall be permitted, provided the same is approved in writing by the ACC prior to installation. 7.7 Adontion of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 • • 7.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. ARTICLE 8: ARCHITECTURAL CONTROL COMMITTEE. 8.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 8.2 Aqnointment. So long as the Declarant owns any lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 8.3 Apqroval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Los Alamitos Park Subdivision without the prior express written approval of the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 • • 8.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, naturat obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 8.5 Application. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the owner shall submit a written application in a form required by the ACC which must be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 • • signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) ite Plan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance DECLARATION OF COVENANTS, CONDlTIONS AND RESTRICTIONS - 15 • • and be of the quality required to maintain Los Alamitos Park Subdivision as a quality residential development. The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shaN be deemed approved. f t w ARTICLE 9: GENERAL PROVISION. 9.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severabili~,y. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 9.3 Term. This Declaration shall run with the land and shalt inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this c.~--~~,, Declaration. ~x~ 1~~•~-" ~`'hv! ! ~ ~,s ~/~ r.~' --u¢~~/ ~9.4 Amendments. Except as otherwise p videaherein, a of thelcovenants~ ~ and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 • LJ entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. STATE OF IDAHO County of Ada ss. FARWEST DEVELOPERS, INC. By MARTY OLDSMITH, President On this ~ day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public or ldaho Residing at , Idaho Commission expires: /(~ I ~1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 . ' • . EXHIBIT "A" P~1 C~r, : . s ~ The t~erth Hal~t o~ the 1~~~~t~west QuaX~~~ oF the S~ruthwss~ ~uaxter. and tl~e Nor~h H~Y~ o~ ~he Nor~h~ast (~u~rtPr o.~ ttte Svt~~.liwest Quar~~r~ Sea~inry ~o, ~~'owr~sl~i;~ :~ f~i~rtii, Ran~~ 1 Rast oP ~h~ Saise Fierfd~.an, ~XCEP'r ~;ts~a ['oilowinq-- d~scri.#~~d traa~; Be~gitt~in~ g~ ~he i~pr~hw~est~r CO~'11G~~' uP L-h~a SaU~~1W+'~t: ~~~~t~r v~ Sect~~.on ~~. Ta~,~t~shl~ 3 I~ioz~h- ~tattc~e 1 hast r~~ '~ha Pof.~~ Mc~ridian; thenc:~ ~as~ i.6 rqds; ~t~enGL sou~~ 15 _-- ---- ~r~ds~ th~nce Wgs~ 16 xbd~; i:h~itir~e Nortlt 15 rac~s t~ ~.l~e p1,ac~ ~P b~qinn$rig. Toqsthex wi~~ a~l~. water a~nd water riytits~ cli.tchev +~~~d d~tah rir~h~~ used ther~on cr. ap~~e~rten~nt ~t~~r~st4, incl.udir~g bu~ na~ limit~c~ iro wal:e~ ar,~~ ditc~i riyitit~ ttridm~r the ttamga-r4srxd~an Trr~g~~i,~n t~xs~ri~t; a1G~ L•ighi:.~ to wa:,~e wa#:er. ~c~~, = ~~~-~.-~' ~ :5t~a3~;C'~ T~ eKistittg e~sements ~or roadsr h~,t~lt~r~y~, di~ches, ~at~~is, la~er~~s and pow~r ~nd tt<~nsmission 1 tr~e~ . ~Pg3nning a~ ~he 3aur.hw~s~ ].j]l~ corn~r on tha t~sst s~c~e o~ 5+ac:t~.ut1 ~0, T~w~shatp 3 tiortih~ Ran~g 1}~a~ ;k., I3oi,ssa Mer3d~,0n, wh~ch 1~1& Colrnez' .~.s PIA~th 13~7.9 £'~e~ ~'T:r~~n the Sc~tithwss~ Garn~~' o~ ~a3d 5~ctior~ 2t~; t.hsnr.~ c,ontlnui~q N~1:~h 663.7 ~eet ~t~ a paint; ~t~enGe Nort)~ ~t ~st e, ttorti ~+2~7.0 fe~~ ta ~.h~ ~teal Point n€ 6egl~ini~c,~; e9°17~ ~a~t: 3d7.~ fee~ to ~~ ~~eel, Pin~ then~:e Nortt 3~°3b' W~st ~94.2 fee~. ta ~ sL-eel, p ; "7~°~~,--,~ j2' Wvst ~.7~3.9 ~~et tcr a s~ss~l ~i~~; ttz~ric;e t•~artiY 40°22~t~a~ We$t 1C-0.1 f~~t t4 tti~ F.~aL ~'~vir-~:. of ~~ginning• '~he a~iove ~x~~t oon€:ains 0.64~, a~r~~. ~~g~.nn~.ng at th~ Southwes~ 1/16 corne~ an ~l~e West aide O~ SP.Ct14r1 2flt TowrtESlt~.j~ ~ 2~iox~h~ Kari47e 1 L':.~ .~~ Bvise Mt~ridian~ which 1/16 Cortl~x is ~~rth ~.3:~7.4 ~~et ~.rotn Gk~~ s~authwv~t caxrier oE SsQtiort 24) thence ac-t1Ci~7uit~g North ~~~.7 ~eet 'ko a}7+~in~; ~~1~n~~' Nor~ii 89Q3.7' E.~aC 79~1.9 f~e~ ~~ the }i~a1 ]?c~in'~ d~ Seg i~rsinq; tnencp tt~rth ~~ °~7' East ~.~7a.7t fee~ ~e a poink.r ~henr_~ Sbu~:h 4Q°22'3t]~~ East ~,~0. ], fQ~t to a~oint; ~ll~n~~ South 72 ° 42 ~ 3~" F%~st 139 .9 ~~Qt to a point; th~nce South 3~° 5G ~ 3~3" t~'e~~ Sb. ~ feet ~v a pai~t~f tYieRCe SQ~t~ll 89°17' L~i~+~t 15~i'F.9 fe~~ t,u ~~,oi,rtt) ~het1+~~ NA~'~h 29°~l~~ W6S~ 2~2.9 fse~ to ~h~ T{eal Point uL' ~~~ ~:~~~ir,g . ~e above ~~ca~~ can~ains 7.zU6 acres. EXHIBIT "A" = Page 1 ~~ . ~', •' ~ ~ . ~ ~ dis~~nce v~ 3.8.75 fe~t ~o tha TR~IFy' FbtriT c?F ~~:GxN~iNG. This parn~l cQntains 0.53~ ac~•es, mr~re or l~ss. ~ Tocre~l~er taith aIl wate~ riql~ts, ditch x~.~~ts, ric~hts nF wayr t~~riement;~s, her~ditam~~~g an~ appuxtenan~;~s th~x~ats~ belong~ng ar used iC~ conne~tion ~fierpwi.~h. ~XC~,Ui3ING " THE~t~~'ROM, the aabbit~ residence loCatecl therean and apprax~.~na~ely of~~ aere ~r yrauna, more paxticular'~,y des~x~bed as ~oll.ows, ~o-wit; }~ ~;nr~ion oP the hfor~h t~a~.~ of the ~o~t~hweaL' Quax~er of S~p~3.r~t~ 20# To~arisil3.p 3 Norttt, ~Zar~gs 1 Ed:~~, Boise Mst'idian, mc-~:e ~ar~ic«l~~rly d~~sc~ribad a~ in1:lc~ws: aeg3.rin~nc~ a~ ~ti~ S~u~Y~west 1 f 16 cora~~r af the ~~es~ ~xxcte of :7~G~iort 2d, T~Wrtship 7 btorth, itar~q~ i~;ast, Bcri,sc i4t~r~dian, which 1/1& cc+xn~~" ~~ North 13:~7.4 ~P~t ~rom tll~ sou~hw~~} cvrnAr. ~f said Secf~iurt 2Q; thersc:n continui~sy No~th ~63.7 ~~et alpttr~ the Wes~~ side a~ said Sea~iar~ ~0 ~c~ 3~oin~ f'~hence P~a~tti 89°17' East z5. U f~e~ ro a steel p~.it, tha Yt~AL '~t~X13'L` QF ~~GY~1Nl2~iG; theno~ llnrtl~ H9'.1) ~ East ~17.8 ~eeC to a pc~in~; tiienc~ I~lr~iCii 24a.U ~~et to a p~i~tx fi.h~r-ce Wea~ 217.s fee~ ~a a poln~~ ~henaa Soutt3 2Q0.4 £eat ~o ~he kEAL PU~N'1' dF BEG~NrlTNG. EXHIBIT "A" - Page 3 ~_: ~- . ' ~ : ~Q~e ~v es~ ~ ~-~-0-y .~! DECLARATION OF COVENANrS, CONDITIONS AND RESTRICTIONS OF LOS ALAMITOS PARK SUBDIVISION ~ THIS DECLARATION is made as of the~ day of , 1994, by FARWEST DEVELOPERS, INC., hereinafter referred to as "Declarant." RECITALS: A. Declarant Farwest Developers, Inc. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: See Exhibit "A" attached hereto an by this reference incororated herein. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 • • ARTICLE l: DEFINITIONS. The following terms shall have the foilowing meanings: 1.1 "Association" shall mean and refer to Los Alamitos Park Subdivision Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.2 "Subject Property" shall mean the property defined as Subject Property in the recitals above. 1.3 "Lot(sl" shall mean and refer to the plots or tracts of land comprising Subject property, designated by lot numbers on the plat, or any resubdivision thereby. 1.4 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.5 "Dec/aration" shall mean this Declaration. 1.6 "Dwelling Unit" shall mean that portion or part of any structure intended to be occupied as a single-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.7 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 1.8 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 • • 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. 1.11 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.12 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.13 "P/at" shall mean and refer to that certain plat of Los Alamitos Park Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.14 "ACC" shall mean the Architectural Control Committee. ARTICLE 2: ASSOCIATION MEMBERSHIP 2.1 Each Owner shall be a member of the Association, except Lot 1, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot, except Lot 1, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 8, Block 3 which shall have no membership associated with their ownership. If there are multiple Owners of a Lot, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 • • the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. ARTICLE 3: VOTING RIGHTS 3.1 There shall be one vote for each membership and one membe~ship for each Lot. Each membership shall be entitled to one vote for each Lot owned. ARTICLE 4: ASSESSMENTS 4.1 Creation of Lien and Personal Obligation of Assessments. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay to the Association special assessments should the Association ~evy such assessments from time to time. If assessed, special assessments, together with interest, costs of collection and reasonable attorney fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors-in-title, unless expressly assumed. 4.2 Pur~ose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Subject Property and to carry out the objectives and purposes of the Association. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 l__J • obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obtigation of successors-in-title, unless expressly assumed. 4.2 Purpose of Assessments. The assessments levied by the Association shall be used exctusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Subject Property and to carry out the objectives and purposes of the Association. ~ 4.3 Notice and Quorum for Special A sessment. Written notice of any meeting called for the purpose of making a special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a special assessment is to be considered at such meeting. A quoru.rn_Qf not less than a majority of the members entitled to vote _ _ _ _._ _. ____ _- _ ~'` ,--~ ___ ----- - - shall be required at such meeting whether in person or by proxy. 4.4 Uniform Rate of Assessment. Special assessments must be fixed in an equal amount for each Lot. All special assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. 4.5 Effective Nonpayment of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 • • 4.6 bor ina i n o h l.i n f M r a. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shali not affect the assessment lien, but the saie or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. ARTICLE 5: PROPERTY USE RESTRICTIONS 5.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes. (b) Lot 1, Block 1, Lot 1, Block 2, Lot 8, Block 2 and Lot 1, Block 4 are common areas and shall be owned and maintained by the Association. (c1 No lot may be further subdivided. (d1 No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an owner's lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 • . (e) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. (f) No equipment, motor homes, trailers, boats, camper, recreational ~Z. vehicles, ~d other mobile equipment, trailers, implements, ~xad~ehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (g) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (h) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (i) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 • • 5.2. The owners have been made aware that the subject property has been developed in an agricultural community and that there will continue to be agricultural uses of some of the surrounding properties. The agricultural uses of the surrounding properties, including the use of agricultural machinery, burning and chemical weed control and fertilization, and the raising of livestock, although restricted from the subject property are not necessarily restricted from neighboring properties. This provision specifically puts the owners on notice of such potential conditions. ARTICLE 6. BUILDING RESTRICTIONS 6.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre-built or premanufactured home shall be allowed on any Lot. 6.2 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,500 square feet, measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-haif stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 C~ • 6.3 Gonstruction of Buildings. Ali construction work on Dwelling units shaii be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started unless prevented by weather, acts of God, strikes, material shortages, or other causes beyond the reasonable control of the Owner (not including financial causes~. 6.4 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after written approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwefling Unit so as to be aesthetically compatible therewith. ~~ / 6.5 Fe„ nces. All lots shall have fencing, however, no fence or wall of any kind i. .~..-.. ° shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences andlor walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Salmon Rapids Subdivision. (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 • • fence higher than six feet (6') shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. (cl All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. 6.6 Landsca~ng. The following provisions shall govern the landscaping of Lots within Salmon Rapids Subdivision: (a) The owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a lot shall be in accordance with the approved plan. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 • • (b) All requ+red landscaping on a lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at least two inch (2") caliper or one (1) pine tree of at least six feet (6') in height and one (1) flowering tree of at least two inch (2") caliper in the front yard, three (3)-five (5) gallon plants and five (51-one (1) gailon shrubs in the front yard. The use of berms and sculptured planting areas are encouraged. ARTICLE 7: ARCHITECTURAL CONTROL 7.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 7.2 Exterior Materials and Colors. All exterior materiafs and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 1 • • features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shake shingles or Pabco Premiere Architectural 25 year (or better) dimensional Asphalt shingles, weathered wood or driftwood color or as approved in writing by the ACC. 7.3 Vehicles. The use of ali vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Salmon Rapids Subdivision, provide parking regulations and other rules regulating the same. 7.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by ~the ACC. 7.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 7.6 i n, No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give direc s to traffic or pedestrians or give special DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 • • instructions. Any directional or identification sign in Salmon Rapids Subdivision shall be permitted, provided the same is approved by the ACC prior to installation. 7,7 Adontion of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's fai{ure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 7.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. ARTICLE 8: ARCHITECTURAL CONTROL COMMITTEE. 8.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shaN hofd office untif he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 8.2 Anpointment. So long as the Declarant owns any lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 • • The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. ln the absence of such designation, the vote of any two l2) members of the ACC shall constitute an act of the ACC. 8.3 Aqproval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Salmon Rapids Subdivision without the prior express written approval of the ACC. 8.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 • • The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 8.5 Application. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 • • detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materiats and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shal{ use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Salmon Rapids Subdivision as a quality residential development. The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member ,. of the ACC, such plans shall be deemed approved. ~ ~v~D'~ ~1~~t~~ ARTICLE 9: ~ENERAL PROVISION. 9.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 . ,~ • • 9.2 SeverabilitX. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 9.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaration ~~ ~ ~~~'uti~~ ~ ~ ~ ~~~"~ ti~ti,Q.~t~ ~/3 ` -v~-('~ a.~~ ` 9.4 Amendments~xce t as othe wise rovided h~rein, any of the covenants P P and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST DEVELOPERS, INC. By MARTY G LDSMITH, President DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 ~ + , ~ ~ STATE OF IDAHO ) ) ss. County of Ada ) On this ~ day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known and identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publi for ldaho " (SEAL) Residing at , Idaho Commission expires: Gl ~ ~ ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 . Qece~v~ • ~~-g~ ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HUNrS BLUFF NO. 2 SUBDIVISION THIS DECLARATION is made as of the~ day of , 1994, by FARWEST DEVELOPERS, INC., hereinafter referred to as "Declarant." RECITALS: A. Deciarant Farwest Developers, Inc. is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: The West half of the West half of the Northwest quarter of the Northeast quarter of Section 19, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho. Except therefrom A parcel of land being a portion of the West half of the West half of the Northwest quarter of the Northeast quarter of Section 19, Township 3 North, Range 1 East, Boise- Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the quarter corner common to Sections 18 and 19, from which the section corner common to Section 18 and 19, Township 3 North, Range 1 East and Sections 13 and 24, Township 3 North, Range 1 West, bears South 89 degrees 43'43" West; Thence South 0 degrees 33'5" West along the North-South Centerline of Section 19 for a distance of 991.66 feet to a point on the centerline of the Eight Mile Lateral, of the Nampa-Meridian Irrigation District, as described in that document recorded with Instrument No. 7603075, said point also being the True Point of Beginning; Thence along a curve to the left, being the Centerline of said Eight Mile Lateral, for a distance of 21.43 feet, said curve having a central angle of 13 degrees 38'43", a radius DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 ' ~ • • of 90.00 feet, tangents of 10.77 feet and a chord length of 21.38 feet bearing South 62 degrees 31'09" East; Thence continuing along said centerline for the next 2 courses; South 69 degrees 20'30" east for a distance of 67.50 feet; Thence south 76 degrees 15'18" East for a distance of 255.14 feet; Thence leaving said centerline, sough 0 degrees 34'37" West for a distance of 238.02 feet, to a point on the East- West centerline of the Northeast quarter of Section 19; Thence afong said East-West centerline south 89 degrees 45'52" West for a distance of 330.87 feet, to an iron pin marking the center north 1/16 corner of Section 19; Thence along the North-South centerline of said Section 19, North 0 degrees 33'55" East for a distance of 333.69 feet to the True Point of Beginning. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 ~~ ~ i ! right, title or interest therein or to any part thereof, and shall inu~e to the benefit of each owner thereof. ARTICLE l: DEFINITIONS. The following terms shall have the following meanings: 1.1 "Association" shall mean and refer to Hunts Bluff No. 2 Subdivision Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.2 "Subject Property" shall mean the property defined as Subject Property in the recitals above. 1.3 "Lot(s)" shall mean and refer to the plots or tracts of land comprising Subject property, designated by lot numbers on the plat, or any resubdivision thereby. 1.4 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.5 "Declaration" shall mean this Declaration. 1.6 "Dwelling Unit" shall mean that portion or part of any structure intended to be occupied as a single-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.7 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 1.8 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 • • 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. 1.11 "Bui/ding" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.12 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.13 "P/at" shall mean and refer to that certain plat of Hunts Bluff No. 2 Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.14 "ACC" shall mean the Architectural Control Committee. ARTICLE 2: ASSOCIATION MEMBERSHIP 2.1 Each Owner shall be a member of the Association, except the owners of Lots 15, 17 and 18, Block 1. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot, except Lot 15, 17 and 18, Block 1 which shall have no membership associated with their ownership. If there are multiple DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 CJ • Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. ARTICLE 3: VOTING RIGHTS 3.1 There shall be one vote for each membership and one membership for each Lot. Each membership shall be entitled to one vote for each Lot owned, except Lots 15, 17 and 18, Block 1 which Lots shall not have memberships. ARTICLE 4: ASSESSMENTS 4.1 Creation of Lien and Personal Obligation of Assessments. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay to the Association special assessments should the Association levy such assessments from time to time. If assessed, special assessments, together with interest, costs of collection and reasonable attorney fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors-in-title, unless expressly assumed. 4.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 • • and welfare of the residents of Subject Property and to carry out the objectives and purposes of the Association. 4.3 Notice and Quorum for Special Assessment. Written notice of any meeting called for the purpose of making a special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a special assessment is to be considered at such meeting. A quorum of not less than a majority of the members entitled to vote shall be required at such meeting whether in person or by proxy. r" i~~ 4.4 Uniform Rate of Assessment. Special assessments must be fixed in an equal amount for each Lot. All special assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. 4.5 Effective Nonpayment of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 4.6 Subordination to the Lien of Mortgagg. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 . • a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. ARTICLE 5: PROPERTY USE RESTRICTIONS 5.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes, except Lots 15, 17 and 18, Block 1. (b) Lots 15, 17 and 18, Block 1 are common areas and shall be owned and maintained by the Association, used as a buffer area for lawn and landscaping purposes. (c) No lot may be further subdivided. (d~ No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any lot, except that no more than two (2) domesticated dogs and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an owner's lot. (e) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 ~ ~ ~, (f) No equipment, motor homes, trailers, boats~ amper, recreational ~ p• ~ vehicles,~fid other mobile equipment, trailers, implements, a~d'vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (g) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (h) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (i1 Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. ARTICLE 6. BUILDING RESTRICTIONS 6.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre-built or premanufactured home shall be allowed on any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 • • 6.2 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,600 square feet, measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 6.3 Construction of Buildings. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started unless prevented by weather, acts of God, strikes, material shortages, or other causes beyond the reasonable control of the Owner (not including financial causesl. 6.4 Outbuildinqs. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 ~ • 6.5 Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in cnmpliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Hunts Bluff No. 2 Subdivision. (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6') shall be allowed without the prior approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 , • • (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. 6.6 Landscaping. The following provisions shall govern the landscaping of Lots within Hunts Bluff No. 2 Subdivision: (a) The owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve in writing said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a lot shall be in accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at least two inch (2") caliper or one (11 pine tree of at least six feet (6') in height and one (1) flowering tree of at least two inch (2") caliper in the front yard, three (31-five (5) gallon plants and five (5)-one (1) gallon shrubs in the front yard. The use of berms and sculptured planting areas are encouraged. ARTICLE 7: ARCHITECTURAL CONTROL 7.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 ~ • maintained upon any Lot, nor shaii any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the .same shall have been submitted to and approved in writing by the ACC. 7.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes andlor colors shall be earthtone, including subtle blue and gray tones, as approved by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shake shingles or Pabco Premiere Architectural 25 year (or better) dimensional Asphalt shingles, weathered wood and driftwood color or as approved by the ACC, except Lots 26-31, Block 1, which shall have cedar shake shingles. 7.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Hunts Bluff No. 2 S~bdivision, provide parking regulations and other rules regulating the same. 7.4 Exterior Eneray Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 • • or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. 7.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 7.6 Si n. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give direc o~ traffic or pedestrians or give special instructions. Any di~ectional or identification sign in Hunts Bluff No. 2 Subdivision shall be permitted, provided the same is approved in writing by the ACC prior to installation. 7.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 7.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 • . and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. ARTICLE 8: ARCHITECTURAL CONTROL COMMITTEE. 8.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 8.2 Appointment. So long as the Declarant owns any lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 8.3 Approval Reauired. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Hunts Bluff No. 2 Subdivision without the prior express written approval of the ACC. 8.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 • • Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 8.5 A~nlication. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 . . • . All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) i PI n. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landsca~e Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Hunts Bluff No. 2 Subdivision as a quality residential development. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 • • The ACC shall promptly review and approve or disapprove in writing ali submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved~~~~ ~~ ~~~, ~~ ARTICLE 9: GENERAL PROVISION. 9.1 Enforcement. The Association, any Owner~ or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severabititv. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 9.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaratio ~r~ ~'~`- ` !~ ~~ ~z~ j~ ~ ~ . . endments. Exdept as otherw' ~e provi e herein,~y o t e covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 ~ ~ IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. STATE OF IDAHO County of Ada ss. FARWEST DEVELOPERS, INC. By MARTY OLDSMITH, President On this ~ day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ZS~AL) Notary Publi or ldaho Residing at l , Idaho Commission expires: - ~ DECLARATION OF COVENANTS, CONDITlONS AND RESTRICTIONS - 18 ~ HUB OF TREASURE VALLEY ~ OPFICIALS A Good Place to Live WILLIAMG.BERG,JR.,CityClerk cITY OF MERIDIAN JANICE L. GASS, Ciry Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water SupL 33 EAST I~AH~ KENNV W. BOWERS, Fire Chief MERIIDIAN~ IDAHO 83642 ~ W.L. "BILL" GORDON, Police Chief ~ WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888~433 • FAX (208) 887~813 Public Works/Buitding Department (208) 887-2211 MEMORANDUM GRANT P. KINGSFORD Mayor TO : Mayor and Counc i 1 ~~`?"-~~- FROM: Shari L. es, lanning &~oning Administrator COUNCIL MEMBERS FONALD R. TOLSMA MAX YERRINGTON ROBERT D. COFRIE WALT W. MORROW SMARI STILES Pianner 8 Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning DATE: May 17, 1994 SUBJECT: Final Plat for Salmon Rapids Subdivision - Farwest Developers and Roylance and Associates - This final plat generally conforms to the previously approved preliminary plat. 1. Note 5 indicates minimum house size of 1800 s.f.; application and covenants indicate 1500 s.f. minimum. Please verify and correct appropriate documents. 2. Lots 5 and 6, Block 4, contain incorrect dimensions of 104.82'. Lot 6, Block 4, does not have the required frontage of 80'. 3. All lots must contain a minimum of 8,000 square feet; Applicant must provide documentation verifying this. 4. All cul-de-sac lots shall have a minimum street frontage of 40 feet measured as a chord measurement. 5. Ada County Street Name Committee has revised directional prefixes on three streets. 6. Development agreement is required prior to final plat approval. ~ ~ HUB OF TREASURE VALLEY OFFICIALS A GOOd P~2CC IO L1Ve COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG. JR., City Clerk City Treasurer JANICE L GASS CITY OF MERID IAN MAX YERRINGTON ROBERT D. CORRIE . , GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. planner 8 Zoning Adminislretor KENNY W.80WERS, FireChief MERIDIAN, IDAHO 83642 ~ ~ JIM JOHNSON W.~. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney Phone (208) 888~3433 • FAX (208) 887-4813 Chairman ~ Planning 8 Zoninq Public Works/Building Department (208) 887-2211 MEMORANDUM GRANT P. KINGSFORD ~ Mayor T0: Mayor and Council ~~~ Shari FROM ~ lanning & Zoning Administrator es L : , . DATE: May 17, 1994 SUBJECT: Final Plat for Salmon Rapids Subdivision - Farwest Developers and Roylance and Associates - This final plat generally conforms to the previously approved preliminary plat. 1. Note 5 indicates minimum house size of 1800 s.f.; application and covenants indicate 1500 s.f. minimum. Please verify and correct appropriate document~s. 2. Lots 5 and 6, Block 4, contain incorrect dimensions of 104.82'. Lot 6, Block 4, does not have the required frontage of 80'. 3. All lots must contain a minimum of 8,000 square feet; Applicant must provide documentation verifying this. 4. All cul-de-sac lots shall have a minimum street frantage of 40 feet measured as a chord measurement. 5. Ada County Street Name Committee has revised directional prefixes on three streets. 6. Development agreement is required prior to final plat approval. .~vu~~ 51 ~ ? JG 4 ~ ~ ~ ~I~ ~: UPDATE OF THE MARCH 1992 SUMMARY ASSESSMENT Housing Inventory and Water Analysis MAY 1994 PREPARED FOR Meridian City Council, and Planning/Zoning Commission PREPARED BY WAYNE S. FORREY, AICP • • 'I'able of Contents Item Current Housing Conditions A. Constructed Units B. Proposed Units 2. Current Water System Conditions Findings and Recommendations _~ - . • • 1. C~~rrent I~ousi~g C'onditions To obtain a snapshot vieiv of the current housing inclustry and market in Meridian is like trying to milk a running coiv .. if you can keep up with the cow you can get the job done. Information from the following sources were used to obtain a snapshot view of the current housing conditions in Meridian. Where applicable, this information has been updated to May 1, 1994. • Meridian City Planning Director • Meridian City Engineer • Meridian Building Inspector • Meridian Water Department . ~ Ada Planning Association ~ JIJB Engineers, Inc. ~ Ada County Multiple Listing Service s Idaho Power Company • First Security Bank • Idaho Department of Commerce • Field work conducted by Wayne S. Forrey A. ('~nstnacted UrLts Constructed/under construction housing units are dwelling units that have been built since April l, 1994 or are units cunently being constructed. These units have a 96% probability of being occupied within 90 days of completion. Vacancy rates in Meridian are extremely low. (Rental = 3%, Owner = 1.3%) Because of these low vacancy rates, builders report that most units are pre-sold. If a unit is not sold prior to construction, most sales occur during construction or within 90 days of completion. Meridian builders can generally have a typical 1500 square foot home completed within 90 days. With a 90 day after construction carry time, this housing unit will usually be occupied within 180 days of building permit date. A review o~ cunent real estate trends indicate that most Meridian homes are sold and occupied within 130 days of the building permit. ~--3 - • • Generally, most residential building permits issued up to March l, 1994 will connect to City utility services within 180 days or by September 1, 1994. Recent building permit activity is presented in table 1 below. Table 1 City of Meridian Summarized Recent Building Permit Activity - March l, 1992 to March 1, 1994 Total Dwelling Units as of March 1, 1992 - 4,290 Housing Building Permits Balance of 1992 = 730 Housing Building Permits in 1993 - 970 Housing Building Permits Jan 1 to March l, 1994 - 280 Total Potential Dwelling Units as of March 1, 1994 = 6,270 Anticipated Water Connections for April l, 1994 to = 225 May l5, 1994 Total Potential Dwelling Units as of May 15, 1994 = 6,495 Note: By September 1, 1994 all 6,495 units are anticipated for occupancy or connection to City utility services. Ba~!~ Qn~the housing units already constructed and occupied plus units under con~tcti~ ~ . nen as of A~i ~ 5, 1994, the City of Meridian shoutd ariricipate providing services to a populatto~ o~ 1$,200 residents and 6_495 dwelling units by September 1, I994. B. Pro~osed Units For final plat subdivisions that were approved.prior to the March l, 1994 the development process is moving forward without delay. Developers report that Meridian final plat subdivisions approved prior to the March 1, 1994 will generally have lots on the market within the next four month~ or by July 1, 1994. Using the 180 day lot to sale/occupancy period, it is reasonable to expect that any final plat subdivision currently being processed by the City of Meridian (recorded by 3uly 1, 1994), will require connection to the City utilities by January 1, 1995, or about 8 months from now. Table 2(on the following pages) lists each of the annexations, preliminary and final plats that were recently or are currently being processed by the City of Meridian. ,~ y _ • • Table 2 City of Meridian ~~ L' ~ ~~ ~ ~~ ~ rcpc~nc-nriai ~un~'~ivision ACtivity A rove y~.~ily idian Since Total planned building lots equals 1,821. T°otal approved preliminary plat building lots between February 1$, 1992 amd May 1, 1,994 ~ i ~7" ` Total ap~t~n~d fiYtal plat buildi~g lots between February 18, 1992 and.May ~,.1~94 ~u~ „1,~,'~Z. The 1992 City of Meridian Water Analysis tabulated lot approvals up to Februar~~ 18, 1992. The information in Table 2 includes development approval between February 18, 1992 and May l, 1994. ~ ~5 - C~ MERIDIAN 1994 WATER ANALYSIS Table of Development Activity Project Name Annexation Lots Date Applegate Subdivision 48 6/16/92 Crystal Springs Subdivision 121 3/19/93 Dove Meadows (aka Cheri Meadows) 113 3/16/93 Wingate Subdivision 74 1993 Tumble Creed Subdivision 292 9/7/93 Lansbury Lane (aka Lounsbury) 41 9~7~93 Ewing Annexation (aka Fothergil) 184 1993 Chamberlain Estates 99 9/7/93 Cougar Creek Subdivision 35 9/7/93 Summerfield Subdivision 20~ 9~~~93 Mid Valley Business Park 5 7/13/93 Kentfield Manor 57 10/5/93 Englewood Creek Estates 92 9~~~93 Los Alamitos (aka Sagehen) 75 4/5/94 Sportsman Pointe Subdivision #4 30 3/15/94 Preston's Aspen Grove Estates 134 5/10/94 Dakota Ridge 135 4/12/94 Rock Creek Subdivision 20 4/12/94 Fire Light Estates 27 4/12/94 Westdale 39 4/12/94 1821 • ,.._ ~ - s MERIDIAN 1994 WATER ANALYSIS Tabte of Development Activity Project Name Preliminary Plat Lots Date Fieldstone Meadows (aka Ustick Meadows) 245 11/4/92 Fothergill Subdivision No. 1 80 8/17/93 Los Alamitos 73 1994 Elk Run Subdiviison #2 44 1993 Finch Creek 46 3/8/94 Summerfield #3 64 4/19/94 Turtle Creek Subdivision 245 4/12/94 The Lake at Cherry Lane No. 3 111 5/17/94 Arrow Leaf Subdivision 87 5/10/94 Pine St. Sub-State Street Ext. 15 5/10/94 Fawcett's Meadows No. 2 10 5/31 /94 Bedford Place Subdivision 153 5/31/94 Preston's Aspen Grove Estates 131 5/10/94 Ramble Woods Subdivision 13 5/31/94 Chamberlain Estates No. 2 28 5/31/94 Hartford Subdivision 62 5/31/94 1407 C~ .-~ ~ - • • MERIDIAN 1994 WATER ANALYSIS Table of Development Activity Project Name Finat Plat Lots Date Fieldstone Meadows No. 1 34 3/2/93 Fieidstone Meadows No. 2 39 7/6/93 Fieldstone Meadows No. 3 49 7/6/93 Sunnybrook Farms No. 5 30 3/2/93 Applegate Subdivision No. 2 18 4/6/93 One Subdivision No. 4 25 5/20/93 Kearney Place 5ubdivision No. 2 25 $~4~92 Kearney Place Subdivision No. 3 25 3/16/93 Conifer Subdivision 23 9/7/93 Carnelian Subdivision 2 9~7~93 Sportsman Pointe #3 57 9/7/93 Candlelight Sub. #3 Final 44 9l21/93 Wingate Place Subdivision #1 22 8/12/93 Dove Meadows, aka Cheri Meadows 113 1993 Haven Cove #2 52 5/18/93 Midtown Square Subdivision 46 9/7/93 Rods Parkside Creek #4 106 10/5/93 Summerfield #1 71 10/5/93 Haven Cove #3 63 21/7/93 Valeri Heights"` 21 3/15/94 Crossroads #2 43 1994 Summerfield #2 47 3/15/94 Tuthill Estates No. 2 14 4/5/94 Waterbury Park Subdivision No. 4 35 4/19/94 Elk Run Subdivision No. 2 44 4/19/94 Tract Subdivision No. 5 75 4/19/94 Haven Cove No. 4 46 5/3/94 Fieldstone Meadows Subdivision No. 4 40 5/3/94 Los Alamitos Park Phase I 28 5/17/94 , 1237 _ x" - . • • 2, Current Water System , nditions The current Meridian municipal water system includes elevated storage for system pressure and seven wells. The location of the wells are shown in figure 1 on the following page. Water rights and pumping capacities are listed in Table 3. Table 3 City of Meridian Water Rights and Current Pumping Capacity inal Wa i M ht Allowance Pu r ' ng Ca~~~ Out~ut m~i c un in G b ll N W g . er Minute (g~ml al lons _ in allon~ner minute (~nml um er e _ n 3 350 Out of Service ~ gs~ 1,000 g 750 850 9 84g 850 10 1,347 1,350 11 673 825 12 ~ =Q ~ 4 1,400 1,000 15 1,400 1,000 g,521 gpm 6,875 gpm 6,875 gpm X 1440 minutes = 9,900,000 gallons, maximum daily system capacity, .~- ~ - . _ __ _ ___ _ ~ ~ ~ ; .: ~o ~ .a ~~~,.~ ~ . ~ 0 ,~ o`s w~i wwna / < ,-J' ~/ ~ ° ~,vE'\20 N ~- / a_._ • o^~ ~~ Z< ~~ ' ~P °~ ~, rn ~N / ~ ~ how iL~~o~ ~~~oao i W~ 0 b i q'4r ~ '+~ ~ " s oC (~ar~nor~ismoi < ~ ~ (c~ u~ • -- a~ ~eon nn~o, ~ I E ~ ~ ~ ~nao , " W ~~ u] °r a = Z ~ ~ i ~~ o ~~o~o isn~o~-O G~'~~w~~~isn»~-~ Z E I f,o~~~ ,w.~~-~ ~~d Q n~~ c L EB~, ~ i~ Q_ m~3 ~ ~ ~ IV W Y ~~; v ~»~ ~~ wwiwr. 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' V Q • ~ t viI ~ ~ ~ / ~ I . ~ '-- I= ~ ~~ "'~ v _ ~ 3 .. .~ D i~. U U ~ ...~ ~ 'aH . . `--1V~_. ~ _ -- ' ~~V18 -r ~ G~~ o > _~ ~ ! ! Y ! ~ J ~. C,~ ~. K ¢ ' ". i 4 - - ~ ¢ ~~.:::..':::>: ~ ~ a IY~=~.::.;..~~~1 ..: / / ,k. / •`' r° E _ ,~' .~. ~ ~ ~ • • In order to determine impacts to the Meridian water system resulting from recent ibdivision approvals, Boise Water Corporation, (BWC), U. S. Department of Housing nd Urban Development, (HUD), and Idaho Department of Health and Welfare, (H&W) ere consulted. Information provided by each of these agencies in 1992 and again in 1994 helped etermine reasonable water planning factors which could be applied to Meridians ;tuation. Because of the development similarity between Meridian and Boise's West .ench area, (served by BWC), the water planning factors of BWC were applied to the ~sidential growth situation in Meridian. Based on historical water use in the Boise Water Corp. West Bench service area, he BWC engineering department uses a water planning value of 1.0 gallons per minute ~pm) per hook-up to calculate an average maximum day of water demand. This value = 440. Boise Water Corporation engineers indicate that the maximum service peak occurs :ny where within these windows: * 4:00 a.m. to 9:00 a.m. morning peak 7:00 p.m. to 9:00 p.m. evening peak Note: There used to be a definite evening peak but automatic sprinklers are now creating an a.m. peak similar to the evening peak. Table 4(on the following page) presents water planning information in Meridian ~:sing existing hood-ups, BWC planning factors and forecast development activity based ~n recent construction permits. This information is provided to help determine maximum lay demand on the Meridian water system with current and proposed building activity. ~ • Table 4 City of Meridian Water Planning Calculations - Current Approved Development 1994 (Connection by September 1, 1994) 1. Current registered city connections in meter books = 5;589 2. Lots under construction with taps but no meters = 906 3. Total potential H20 connections (September 1994) _ _ ~~~'~4~ ~ 6,495 connections X 1440 maximum gallons per day = 9,352,800 maximum day demand. Expected to occur by September 1, 1994. Table 5 City of Meridian Water Planning Calculations - Current Approved Development 1995 (Connections by September 1, 1995) 1. Registered city connections in meter books = 5,589 2. Lots under construction, taps but no meters = 906 3. Approved Final Plat Lots for spring 1995 connection = 310* 4. Canversion of Preliminary plat lots to H20 connections = 352* 5. Total potential H20 connections (September 1995) = 7,157 ~ * Note: Assumes i/4 of already approved final and preliminary plat lots ~~~ill connect to cin~ water b~~ September 1995. This is based on historical development trends in Meridian. 7,157 connections X 1440 maximum gallons per day ° 10,306,080maximum day demand. Expected to occur by September 1, 1995. _{a~- • • Tabie 6 City of 1bleridian August 1991 V~%ater Consumption Data - Cherry Lane Village Verification of BWC planning procedure 1. Total lots in consumption test = 205 2. Average consumption per lot during August 1991 = 47,000 3. Current water connections = 5,589 4. Estimated new connections (906+310+352) = 1,568 5. 7'atal estimated connections (Sep 95) = 7,157 ~ 7,000 residential water connections X 47,000 monthly gallons divided by 30 = 10,960,000 gallons maximum daily demand. (This is within 6% of BWC value) Shown in Table 5. By comparing tables 4, 5 and 6, it is evident that the water planning figure of 1 gallon per minute to determine maximum day demand is applicable to Meridian. A comparison of forecast maximum day water demand with current system capacity is shown in Table 7. - - 3 -- • ~ Table 7 City of Meridian Municipal Water System - Comparison of Maximum Daily Demand to System Capacity Capacity of Current System = 9,900,000 gallon capacity Capacity of Largest Well * * * Capacity of Current System without Largest Well (#10) Maximum Daily Demand - 1992 Ma~mum Daily Demand - 1993 Maximum Daily Demand - 1994 Maximum Daily Demand - 1995 = 1,944,000 gallon capacity (1350 x 1440) = 7,956,000 gallon capacity = 7,179,840 gallons September l, 1992 = 8,029,440 gallons September 1, 1993 = 9,352,800 gallons September 1, 1994 = 10,306,080 gallons September 1, 1995 Capacity Balance - 1994 = Negative 1,396,800 gallons This is the equivalent of "one" average Meridian well ( #7, #10. #14, #15) Capacity Balance - 1995 = Negative 2,350,080 gallons This is the equivalent of "TWa" average Meridian Wells. *** The Boise Water Corporation determines water system capacity on the basis of the effect of loosing the largest production well. If standard water service cannot be provided with the loss of the largest well, then Boise Water Corporation constructs additional wells and storage facilities. , The State of Idaho Department of Health and Welfare recommends that communities develop water systems that have reserve capacity which meet or exceed the capacity of the average well within the system. The City of Meridian does not meet either the Boise Water Corporation or ldaho Department of Health and Welfare water system guidelines for reserve capacity. (Summer Demand) ~ ~ ~( - f , ~ • • B. Recommendations ~ Given the critical, urgent need to expand the water system capacity, the City needs to immediately rehabilitate well number 12 and achieve at least 1,000 gpm to provide basic water service for current customers. • To immediately rehabilitate well number 12, the City should de.clare a~ public urgency and contract with a water well contractor for emergency rehabilitation as soon as possible. • Investigate rehabilitation to well number 3 to help increase fire flow capacity. • Continue current negotiations with land owners and developers to secure well sites in all growth areas. s Develop well number 16 as soon as possible. (1000 gpm or greater needed to meet 1995 expected, already approved connections) • Implement an extensive City wide water conservation program during summer peak months to retain reserve capacity. Recommend AWWA program including alternate day sprinkling and school awareness programs. • Implement inexpensive computer tracking program to monitor all development permits and approvals. • Update zoning and related ordinances to implement the Comprehensive Plan update to help citizens and City leaders address growth and related development issues. ..-~(U - . ~ ' .~'~ ` ~ ~ AMENDED ORDINANCE NO. 630 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T. 3N., R. lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of Government Lot 5 of Section 6, T. 3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the N/W ~ of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00° 17' 35" East 624 . 66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 ot Section 6 North 66°47' 10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89°50'10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00°16'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly WOLFE AMENDED ANNEXATION ORDINANCE - Page 1 ' ` • • boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 60°30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land being a portion of Government Lot 5 of Section 6, T. 3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the N/W ~ of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00°17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6 North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89°50'10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Mer9.dian Road; thence South 00°16'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and WOLFE AMENDED ANNEXATION ORDINANCE - Page 2 • • 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 60°30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; that the R-40 Residential zone would allow construction of 66 apartment units; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian; that Applicant shall pay any development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Meridian abutting parcel (15 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Redesign the access to Meridian Road, in accordance with District policy. If this is not possible, coordinate with the City of Meridian and adjacent properties to redesign the project limiting the access to only Blue Heron Lane. 3. Utility street cuts in the new pavement on Meridian will not be allowed unless approved by the District Commission. 4. Replace unused curb cuts on Meridian with standard curb, gutter and sidewalk. 5. Coordinate with the City of Meridian and the affected property owners with access to the street regarding the paving of Blue Heron Lane. WOLFE AMENDED ANNEXATION ORDINANCE - Page 3 , , ' ,. • . 6. Coordinate with the City of Meridian and the Ada Planning Association regarding the pathway along the Jackson Drain. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, K., L. and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set a side for a future park and relating to development of greenbelts along any canals or drainages within the subdivision. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shal~l be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. ' WOLFE AMENDED ANNEXATION ORDINANCE - Page 4 u • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ th day of ~n~ , 1994. APPROVED: r R-- GRANT P. KING D ATTEST: ~ CITY CLERK -- WILL BERG STATE OF IDAHO,) . ss. County of Ada, ) ~~ ~aA~O~~ j V ~+ ..~. ~ ~ ~ ~~~~. ~~ _ ~~ ~~T 1,ti. '~~'~~~~t , 9~ ~ # ~+' ,~O ,o~~ I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T. 3N., R. lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Amended Ordinance No. 630, by the City Council and Mayor of the City of Meridian, on the 7th day of June, 1994, as the same appears in my office. DATED this ~~~ day of c~G[ii..-2- , 1994. ~`s~~~ ~ ~ -~ City Clerk, City of Me idian Ada County, Idaho WOLFE AMENDED ANNEXATION ORDINANCE - Page 5 .. ,~ •~' ~ • • STATE OF IDAHO,) : ss. County of Ada, ) On this ~ th day of June ~ 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate~irst above written. a4S~e~~B1Ap 1tFAl~P,~ 9 ,1~'eaP~ '" .` ~s~ 1°', ~ i ` ', ,' .._. ~ : ,. ~ SEAL " ~ `~~ ~~'' ~° ~A ~ ~ ~ 's r , ~q ~ ° E> ~ ~; ~' s _ ~ ~ ~ - ~, ~~; __~ k +~ ii ~ m ~~ ::~ ~ ~ ~: . . ~ ~~ • ~ ~ ~ ~. ~%~~ ;,~~ ::~~-~'~'"~ ~. ., ~.;; ~,:. . ~ ~ . .,~ ,~ ~: ~~:u., ~ ~~, ~''~~~~~~~~~~``~ ~ ruAlic =or laano ng at Meridian, Idaho ission expires 08/02/99 °~f0~5 ~7 ~ ~ h r- ~ ~ - ~ . . . . J ; r ~. ~ ~ r ~ ~ . /` 71 ~4 1 . . . . i V BOISE ?~~ '9`f JUN i~f F;i ~~ 7 F~ ~. °~1 RFCO~;~V ~.. _ __ . , _ _.~_: :? F WOLFE AMENDED ANNEXATION ORDINANCE - Page 6 Y j • • ~ • AMENDED ORDINANCE NO.~ AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-4 Residential to Limited Office (L-O), for the following described parcel: A portion of the Northeast Quarter of the Northeast Quarter of Section 11, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an iron pin marking the Northeast corner of the said Northeast Quarter of the Northeast Quarter of Section 11; thence North 89°33'47" West 924.00 feet along the said Northerly boundary of the Northeast Quarter of the Northeast Quarter of Section 11; which is also the centerline of Cherry Lane, to an iron pin, also said point being the REAL POINT OF BEGINNING; thence continuing North 89°33'47" West 130.49 feet along the said Northerly boundary of the Northeast Quarter of the Northeast Quarter of Section 11 to an iron pin; thence South 0°43'50" West 220.08 feet to an iron pin; thence South 89°33'47" East 131.62 feet along a line 220.08 feet Southerly of and parallel with said Northerly boundary of the Northeast Quarter of the Northeast Quarter of Section 11 to an iron pin; thence North 0°26' 13" East 220.08 feet to the point of beginning. LESS AND EXPECTING the North 25 feet of said property, which was conveyed to Ada County by Deeds recox~ded April 7, 1961, as Instrument No.'s 500302, 500308, 500309, 500310, 500311, 500312 and 500313. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: AMENDED SPRINGHAVEN HOMES REZONE ORDINANCE Paqe - 1 • • A portion of the Northeast Quarter of the Northeast Quarter of Section 11, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an iron pin marking the Northeast corner of the said Northeast Quarter of the Northeast Quarter of Section 11; thence North 89°33'47" West 924.00 feet along the said Northerly boundary of the Northeast Quarter of the Northeast Quarter of Section 11; which is also the centerline of Cherry Lane, to an iron pin, also said point being the REAL POINT OF BEGINNING; thence continuing North 89°33'47" West 130.49 feet along the said Northerly boundary of the Northeast Quarter of the Northeast Quarter of Section 11 to an iron pin; thence South 0°43'50" West 220.08 feet to an iron pin; thence South 89°33'47" East 131.62 feet along a line 220.08 feet Southerly of and parallel with said Northerly boundary of the Northeast Quarter of the Northeast Quarter of Section 11 to an iron pin; thence North 0°26'13" East 220.08 feet to the point of beginning. LESS AND EXPECTING the North 25 feet of said property, which was conveyed to Ada County by Deeds recorded April 7, 1961, as Instrument No.'s 500302, 500308, 500309, 500310, 500311, 500312 and 500313. be, and the same is rezoned from R-4 Residential to Limited Office (L-O) and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ 7~` day of ~__~_, / 1994. AMFNDED SPRINGHAVEN HOMES REZONE ORDINANCE Page - 2 . • APPROVED: • OR -- GRANT P. IN RD ATTEST~ ~ CITY CLERK -- L HERG ~ ti V ~ 'o STATE OF IDAHO,) ./ • $s. County of Ada, ) •'~'L ~ r~0 ~„~ ~S~A<m ,, ~ -- : ~'~t ~ s~' ~O ~ ~°~ut~t , ~o I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING TBE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE, MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. ~Z S , by the City Council and Mayor of the City of Meridian, on the ~?f'c. day of ~t , 1994, as the same appears in my office. DATED this ~~~day of ~ , 1994. ~-_.- ~~ ity Clerk, City idian r~, Ada County, Idaho e~,'~ oavo~~ ,- ~ `~,L' ,~ TM'~ ~ ~ ~ ~~AL m ~ p "r. ti ~d ~~t ~s~' ~Q ~~ov~~Y . `°~ AMENDED SPRINGHAVEN HOMES REZONE ORDINANCE Page - 3 ~ . , ~ ' i~ ~~ STATE OF IDAHO,) : ss. County of Ada, ) On this ~~~ day of ~,~ , 1994, before me, the undersigned, a Notary Public n and for said State, personally appeared Will Berg, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,~~~ D ,~~~,~.,. ~ ~~.,,,~~~~ ~ ~ L ~ SEAL .•` ~G ' ~ ''• . ,~ ~ f~~C60(?39.~. ~,^~II ~ s~ v ~ ~ ~ Q 6~ (f1 ~ a;l i ,~ ~ ~ ~i ~~v :~y~ ~ ~ g w~~ ~o ~ ~ c ~ ~ ~,~z'`' `~, ~~6 Ld 4 r ~~~= : , j ~~(~ ~ ~ ~'aS ~i ~ y ~ ,,~ \' \~ ~ ~~r'~~c ~~ ` , ~,~ ~ ~iI ~~ ~` i. ~~11111~~~~ ' ~ot ry PuPSlic for ldaho Re iding at Meridian, Idaho ~ ~a-~.w:ss:e..- ~,~r~''rs 8-.~-99 ~ ~} ~ `i ~ ~ 5 ` _ / ~' ~• ~~~;~~.(.v""~(/-r/ ~ L~""'7 ~ - - , ~ ;-~ ~ .; ; . ., - , `. ~ ~ . ls j-t . . ,. . . . - . , i BGISE ~`~! ' 9`i (~i~i'~ ;c:? Fii`i :i U1 of FEE~~ _ -- ~ -,; c57 ~F REG'v':~::;~::.., . _..~~ AMENDED SPRINGHAVEN HOMES REZONE ORDINANCE Page - 4 ~ +' I 'l~. ~ 4 • .. _ • AMENDED ORDINANCE NO.~ AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE SOUTH HALF OF THE SOUTH HALF OF THE NW1/4 OF THE SW1/4; AND THE SW1/4 OF THE SW1/4; AND A PORTION OF THE WEST HALF OF THE SE1/4 OF THE SW1/4, ALL IN SECTION 32, T. 4N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: The South half of the South half of the NW1/4 of the SW1/4; and the SW1/4 of the SW1/4; and a portion of the West half of the SE1/4 of the SW1/4, all in Section 32, T.4N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the corner common to Sections 31 and 32, T.4N., R.lE., and Sections 5 and 6, T.3N., R.lE., B.M.; thence North 00°00'08" West, 1661.81 feet to a 1/256 corner; from which the quarter corner common to said Sections 31 and 32 bears North 00°00'08" West, 997.19 feet; thence South 89°49'45" East, 1327.33 feet to a 1/256 corner; thence South 00°O1'12" East, 331.83 feet to a 5/8" iron pin marking the SW1/16 corner; thence North 89°49'16" East, 663.49 feet to a 5/8" iron pin marking the C-E-SW1/64 corner; thence South 00°01'36" East along the East boundary of the West half of the SE1/4 of the SW1/4, 1031.32 feet to a point; thence South 89°43'17" West, 200.00 feet to a point; thence South 00°O1'36" East, 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43'17" West, 1791.51 feet to the Point of Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 1 ~ ~~ .' ` • • of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: The South half of the South half of the NW1/4 of the SW1/4; and the SW1/4 of the SW1/4; and a portion of the West half of the SE1I4 of the SW1/4, all in Section 32, T.4N. , R. lE. , B.M. , Ada County, Idaho, more particularly described as follows: Beginning at the corner common to Sections 31 and 32, T.4N., R.1E., and Sections 5 and 6, T.3N., R.lE., B.M.; thence North 00°00'08" West, 1661.81 feet to a 1/256 corner; from which the quarter corner common to said Sectians 31 and 32 bears North 00°00'08" West, 997.19 feet; thence South 89°49'45" East, 1327.33 feet to a 1/256 corner; thence South 00°01'12" East, 331.83 feet to a 5/8" iron pin marking the SW1/16 corner; thence North 89°49'16" East, 663.49 feet to a 5/S" iron pin marking the C-E-SW1/64 corner; thence South 00°O1'36" East along the East boundary of the West half of the SE1/4 of the SW1/4, 1031.32 feet to a point; thence South 89°43'17" West, 200.00 feet to a point; thence South 00°O1'36" East, 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43'17" West, 1791.51 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow 200 single family dwelling units on the parcel which would be an approximate density of 3.0 dwelling units per acre, which would be allowed in the R-4 Residential zone; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 2 ' ~ • • request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian; that Applicant shall pay any development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: 1. Plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed, and allow only single-family houses of at least 1,500 square feet for single level homes and 1,800.00 square feet for double level homes, as agreed to by the Applicant, within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 4. Construct streets to and within the property. 5. Dedicate the necessary land from the centerline of Ustick and Locust Grove Roads for public right-of-way. 6. Al1ow only houses of at least 1,500 square feet for single level houses and 1,800 square feet for double level houses. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the develogment agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, K., L. and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set a side for a future park and relating to development of greenbelts along any canals or drainages within the subdivision. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 3 ~ ~ . ~ conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~ day of ~~~. 1994. APPROVED: OR -- G T P. INGSFORD ATTEST: TY CLERK -- WI AM BERG •.~, `+~ ~ -~,~,,o -,9,, ~ ~~~~~m ti C q ~ ~ o` "~ ti 4,~ $r 1 ti~' ~Q ~ ~°~mrr , ~o AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 4 . , ' • • STATE OF IDAHO,) . ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE SOUTH HALF OF THE SOUTH HALF OF THE NW1/4 OF THE SW1/4; AND THE SW1/4 OF THE SW1/4; AND A PORTION OF THE WEST HALF OF THE SE1/4 OF THE SW1/4, ALL IN SECTION 32, T. 4N., R. lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. l by the Cit Council and Mayor of the City of Meridian, on the ~ day of ct , 1994, as the same appears in my office. DATED this ~~day of ~~Q~ , 1994. O ~ ~ I ,~'~ oy,ooq~ j dr . V ~~'~ ... ~'a ~ City Clerk, City of r ian G ~~~~ ~ ~ da County, Idaho ~Ir STATE OF IDA O~ pG .~. ~ 4~ ' ~•~~~' ~~ County of Ada ~, ~pl~ ~~0~~''i . On this of _~,, 1994, before me, the undersigned, a Notary Public in a for said State, personally appeared WILLIAM BERG, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate irst above written.~: ~~~~~~«~,.. ..• •. ~.~ ~,E L. ~,•. ., `~~~~1~ ~,cy~+c~~R~ .~tl •.~ . SEAL ~:~ ~~ p'~ ~;~y4`~~`~ ~= Not y ublic for I aho •~ ~~ Re idi g at Meridian, Idaho . g `; `a.s ~ ~ s~ ~.~~d ~ ~~'v : ~ -r~i.~.i sS:s.J ~p~i•~~ q!~ ~ rl C `i J ~ 5 ~ ~ ~~;~ P ~~~ ~ ~.~ ~' "~ ~c~~ c/-_ / ~ % ~' ~~' ~,: ^'~"' ~,°r~••`~ ~" / V~~7{j ~%,C.~r~GGw~'~(/ I~ o~ ~~ ~~~, V , r~ ,~~~~~!-HtMi*~~, ~. :\:: ~ .,~ . L : . ~c i `r. . _ . . . . . ~, ~'~ ~~ $~IS~ ;') ' g`t (~~~`~ ~7 fli1 J 0 AMENDED SUMMERFIELD ANNEXATION ORDINANCE Qd Pag 5 FEE~ . ~,_ _. _~ __ RECO~,~._:a ..: : _ . =:,~~ST OF .~ . • , . • AMENDED ORDINANCE NO. 610 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 AND THE SOUTHEAST QUARTER NORTHWEST QUARTER, OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: The SE 1/4 NW 1/4 Section 6, T.3N., R.lE., B.M. and A parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the Northwest quarter of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89°34'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6, North 00°17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6, FOTHERGILL-EWING AMENDED ORDINANCE Page 1 ~ r1 ~ , ~ ~ North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89°50'10" West 1056.67 feet to an iron pin on the Westerly boundary of Government Lot 5 of Section 6; thence South 00°16'37" West 196.62 feet along the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence South 68°30'07" East 1020.47 feet along the centerline of Jackson Drain to THE POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above referenced real property described as: The SE 1/4 NW 1/4 Section 6, T.3N., R.lE., B.M. and a parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the Northwest quarter of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89°34'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6, North 00°17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron FOTHERGILL-EWING AMENDED ORDINANCE Page 2 . .• ~ . • pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6, North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89°50'10" West 1056.67 feet to an iron pin on the Westerly boundary of Government Lot 5 of Section 6; thence South 00°16'37" West 196.62 feet along the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence South 68°30'07" East 1020.47 feet along the centerline of Jackson Drain to THE POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-8 Residential; that the reason for the R-8 zoning is to allow the property to be used residentially; that no duplexes, townhouses or condominiums shall be constructed; that all houses constructed on and within said property shall be at least 1, 300 square feet in size; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property; that there shall be a bike path along Jackson Drain; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not construct water and sewer line extensions to serve the property, construct streets to and within the property, or fails to FOTHERGILL-EWING AMENDED ORDINANCE Page 3 , .~ . ~ meet the conditions contained in the Findings of Fact and Conclusions of Law, those stated herein, and the Ordinances of the City of Meridian which conditions shall run with the land and also be personal to the owner. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly ,and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this l?~~ day of i~Q , 19 9 4 . APPR9jJED : , ATTES~: V ~t°- ,~., ~'l'a 'Y ~ ~ ~ ~ LLIAM G. BERG, JR - CITY CLERK it G e~1~~~„ w ~ P ~ ti STATE OF IDAHO, ) G G~I 1 st' ~ . *~ County of Ada, ) $$ • C~~At~'Y ~ ~~ I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, FOTHERGILL-EWING AMFNDED ORDINANCE Page 4 . .~ ~`~ i ~ Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 AND THE SOUTHEAST QUARTER NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. _!~, by the Cit Council and Mayor of the City of Meridian, on the ~ day of , 1994, as the same appears in my office. DATED this ~day of ~~ll~ _-. 1994. ~~ ,~ , ' ,y ~ ' ~ . v `~~~p~ '~f~o ~ ity Clerk, City of r' ian ~ ~~~~ ~ '~ Ada County, Idaho ,Ar * ... q STATE OF ID (~"~ ~~~t 3f~.~ 4 ~ ~ County of Ada, ~ cft~j~y ~~ ~ ~a On this /7~~ day of ~qy , 1994, before me, the undersigned, a Notary Public 'n and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ `,`,,~`~~.E ~~L ~a~ ~', n G ' . ,,~ ~ ~a~..c~~~~.,~ . Q J1 ~ ~ ~ OT,~~ : sE~ _ ~ ~a y ~ . :~ ~~V6L\~ ~~' ,%,' J.p~~ `~~~~,,: . • : ~., ~ ~'g ~.~ ~~~~n~~~~` t ry rubtic =or iaano iding at Meridian, Idaho 'jy S6~+tM;ssioK CX~:r~s 8''?'99 O ~~~~~~~7~b ~ `~~..~ ~~~ a~.~~ . ~~~ ~,. , - -..;~ ~a~s: .~:~ FOTHERGILL-EWING AMENDED ORDINANCE Page 5 ~~ ~~ ~5~,~ f~ii~`~' i.7 fii~i ~ ~v ert FEE.~d __ ...~';~Sl' RECOr:~;:~~ .,.