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HomeMy WebLinkAboutCherry Lane Village No. 1 Project Filet N 0 T I C`E O F CI-IA�N GE JFFICF, OF THE ADA CO[INTY CONINIISSIONF.R.S DATE A�j��nz PARCEL, # COD>J AREA OWNER'S NAME AND ADDRESS DESCRIPTION OF PROPERTY Al 5 z2 a;x, 3�p 'Z PROPERTY ADDRESS OR LOCATION i /919 THIS CHANGE IN VALUE REFLECTS THE DECISION OF THE BOARD OF COUNTY COMMISSIONERS PURSUANT IDAHO CODE 63-2202. 79e -z3.5- 1)"1TEDEC 2 6 1979 -- - Sincerely, i *0TICE OF CHANIGE OFFICE OF TIiF ADA COUNTY COMMISSIONERS OWNER'S NMIE AND ADDRESS DATE ZZ 197!2 PARCP-,1, n X 3 0 I O O LZ 7 O CODE AREA DESCRIPTION OF PROPERTY PROPERTY ADDRESS OR LOCATION THIS CHANGE IN VALUE REFLECTS THE DECISION OF THE BOARD OF COUNTY CO*USSIONERS'PURSUANT IDAHO CODE 63-2202. ADA COUNTY COMMISSION VALUATION PRIOR VALUATION AFTER REVIEW VALUE ITCC DESCRIPTION QUANTITY MARKET VALUE ITCC DESCRIPTION QUANTITY MARKT VALUE /O /00 I d .lint. $ C� $ !D 100 O B G." 794c.- 9.:?iZ DATE DEC 2 6 1979 Sincerely, r , i "I - --I O 5903 Franklin Road -U-B ENGINE RS, INC. Boise, Idaho 83705 Honorable Mayor Donald M. Storey Meridian City Council City of Meridian Meridian, Idaho 83642 Dear Mayor Storey and Council: C n✓ rr Giv��i 4/ /lie -#-/ Telephone: (208) 3 5850 November 3, 1978 Some of the lots in Cherry Lane Village No. 1 Subdivision were designated on plats and approved by the City as lots approved for duplex construction. For several reasons it has become apparent in the last few'months that it would be far more desirable to place duplex townhouses' on_thes_e__lots rather than the usual duplex unit. In order to accomplish this it is our feeling that it will be necessary to obtain a special permission from the City to make these into townhouse lots. Under the City of Meridian Subdivision Ordinance it is acceptable to divide a platted lot one time without necessitating a replat of the lot. We propose to build a duplex unit on each of these hots designated'on the plat as duplex lots then divide the lot in half along approximately the center of the lot and the common wall between the two sides'ofi the duplex. Each unit of the duplex could then be sold separately. The effect of this split would be to create two single family dwellings, each on their own smaller'lot with common adjoining wall. As nearly as we are able to determine this would comply with all present city ordinances with the excep/tion of the required'sideyard setback. It will also be necessary for the developer to draw up common wall agreements, common sewer line agreements and the necessary easements to serve both units with the necessary utilities. We feel that the change from duplexes to duplex townhouses will enhance the character'of the neighborhood, provide an alternate life style within this development, and provide a better tax base for the city. We request that the city grant a variance to the normally required sideyard setback, and allow a split of the lot and construction of a duplex'townhouse on each of the following lots in Cherry Lane Village No. 1 and the Amended plat of a Portion of Cherry Lane Village No. 1 Subdivision: Lots 1 thru 3, Block 1, Lots 1 thru 11, Block 2; Lots 1 thru 13 and 18 thru 23, Block 3 !Lots 1 thru 10, Block 6, Lots 1 thru 8, Block 7. Sincerely, 'Y JIUpJ3�-&NG7E S , I c. u e W. Wrig 0 EWW:cc ENGINEERING—PLANNING—SURVEYING --)-IN'-f- covL-A ..)-U-B ENGINEERS, IN�5903 Franklin Road • ems•, Idaho 83705 • G, ��,� At the request of Mr. Don Leavitt, President of the Leavitt-NuPacific Company, Developer of Cherry Lane Village, the following remarks were prepared by J -U -B ENGINEERS, Inc., Boise, Idaho. The objective of this report is to provide general insights into the nature of development occurring Northwest of the City of Meridian. At present, the City of Meridian is experiencing a strong housing demand which has created the need for new housing developments. Because o£'the developable land located Northwest of the City, many developers are investing strongly in this area. The Leavitt-NuPacific Company proposes to develop a Planned Residential Community of 720 acres located in the Northwest area. The Development (Cherry Lane Village) will be centered around an 18 -hole golf course and contain a variety of residential housing types. The proposed construction will occur over a 6 to 10 year period. The Development will be a continuation of the rapid growth taking place in the Ada County area. The residential portion of the Development will provide suitable housing for 2000 to 2200 families within the next 10 years. This growth will add to the load on utilities, transportation facilities and governmental services for the area. It will also commit 720 acres of agricultural land to urban use. In order to be more specific concerning the general character and magnitude of this project, each component of the Development will be reviewed separately. ,-4 J -U -B ENGINEERS, IN05903 Franklin Road • Bolsa, Idaho 83705 • • A. Magnitude of Residential Development. Cherry Lane Village will comprise approximately 720 acres. Ninety acres will be devoted to the 18 -hole golf course, 20 acres for a school site with associated neighborhood parks, 7.5 acres for neighborhood commercial, 11 acres for storage facilities, and approximately 600 acres for residential development. The overall density of this project will be about three dwelling units per acre. Excluding the golf course, school site, park site, and commercial areas the net density is nearly four dwelling units per acre. This low density will help protect the pleasant suburban atmosphere in the Meridian area and at the same time accommodate the life style preferred by most homeowners in the Boise Valley. As previously stated, Cherry Lane Village will ultimately house up to 2200 families. This amount of housing could accommodate 6820 residents using the average household size in Idaho at 3.1 residents per household. As to the age of these residents, it can be assumed that the majority will be young families with the head of household being between 25 and 40 years of age. B. Economic Development. Cherry Lane Village will attract predominantly professional, semi-professional and skilled workers. This will cause a demand for employment opportunities compatible with workers' skills and occupations. More importantly, the City of Meridian, in order to preserve its economic inde- pendence must attract industry and services. Meridian development and industrial recruitment will become mutually beneficial in nature as Meridian further expands and grows. This will be a favored relationship. J -U -B ENGINEERS, IN• 5903 Franklin Road • Boise, Idaho 83705 0 C. Land use. The area Northwest of the City of Meridian is prime devel- opable land. This easily developable land results from years of previous farming activity. The importance of decisions relating to and effecting the land use in this and other areas surrounding the City is paramount. Throughout history eco- nomics has favored the shift from low intensity land use to high intensity land use. Any land use shift in Meridian should come only after a complete analysis of shift demand, with special consideration for Housing, Agriculture, Recreation, and Community Services. Within the Cherry Lane Planned Residential Community the land use will be a combination of all essential land use types. This land use mix will enhance the existing land use patterns of Meridian City. D. Public Services. Cherry Lane Village and other land developments will create a need for expanded public services in the Meridian area. The tax base of Meridian will also be broadened as a result of these developments. Because of the skilled work force now occupying new housing developments of this nature, industries will be locating in Meridian to accommodate the residents. This .indus- trial growth will also help broaden the local tax base. Overall, new and expanded public services will be required, however, tax money generated as a result of this growth should be capable of providing these services. -------- E. E. Transportation. Total proposed project impact on current transporta- tion and circulation is dependent on the development of Meridian's transportation network. The project is located where adequate transportation facilities exist. Precaution should be taken by the City of Meridian to insure that all developments J -U -B ENGINEERS, INO 5903 Franklin Road - Boise, Idaho 83705 • are designed to effectively handle generated traffic loads, both internally and externally. Cherry Lane Village has been designed such that 3 minor collectors and 1 major collector will efficiently move traffic loads. All residential streets meet Ada County Highway District's Standards for urban streets. F. Recreation. In recent years, private developers have been more receptive to providing recreation facilities within residential developments. The City of Meridian should take an active role in defining which types of recreation are needed in these developments. An analysis of user demand for Meridian should be a part of the recreation component for guiding the developer in recreation planning. G. Housing Needs. An analysis of housing needs in Meridian is important for determining marketability of housing types and densities. Meridian is a very pleasant city with a suburban atmosphere unfound in many cities. All future developments should inhance this atmosphere. As Cherry Lane Village develops over the next several years, it may be necessary to adjust the type of housing to meet future needs in the Meridian area. The development will almost cer- tainly be largely single family residences. H. Implementation. Meridian is respected as a quality environment for families. Asf cities grow and become more cosmopolitan in nature, urban environ- ments tend to become less friendly and pleasant. Through proper. implementation of actions and programs directed toward preserving Meridian's pleasant environ- ment, this attitude can prevail. Growth can still take place and should, if J -U -B ENGINEERS. IN 5903 Franklin Road - Boise, Idaho 83705 • economic gains are to be realized by the citizens. There is no reason that the present environment of Meridian should change because of new growth and prosperity. It can be protected and enhanced through proper planning and imple- mentation of citizen input. SUMMARY. Meridian has the unique opportunity to help manage the growth that will be occurring in its influence area. As previously mentioned, developments occurring in the Northwest area such as Cherry Lane Village will help create jobs, economic independence and stability, and needed housing. The City of Meri- dian through its Comprehensive Plan will influence these and other developments in providing those elements stated in the plan. Concerning Cherry Lane Village, every effort will be made to provide amenities, quality housing and a pleasant atmosphere compatible with the City's Comprehensive Plan. The attached Master Concept Plan outlines the land usages we are anticipating for the property which Leavitt-NuPacific hopes to develop as Cherry Lane Village. We are hoping that this general plan will be of assistance to the Planning and Zoning Commis- sion in their preparation of a Comprehensive Plan for the City of Meridian. I ('O l .� 7 K 7 1 u0 r -U-B ENGIN RS, INC.,; 5903 Franklin Road Boise, Idaho 83705 Telephone (208) 336-5850 September 5, 1978 -SEP Q 6 1979 Honorable Mayor Donald Storey City of Meridian City Hall 728 Meridian Street Meridian, Idaho 83642 Dear Mayor Storey: I am writing in regards to the environmental impact statement recently published for Cherry Lane Village. It was brought to my attention on August 30 that there is some concern on the part of the City of Meridian regarding the paragraph entitled "Subdivision Ordinance 138" on page 52 of the said environmental impact statement. This paragraph reads "the minor variations include a 50 foot street right -o£ -way, as opposed to a 60 foot street right-of-way all approved by A.C.H.D. and the City of Meridian. Block length of 1,000 feet has been extended, the 5 feet sidewalk requirement has been reduced to a 4 feet sidewalk, all of which were approved by the City of Meridian and the Ada County Highway District." I would certainly have to agree with the City of Meridian that this paragraph could use some clarification. The E.I.S. was written by our staff members who were not familiar with some of the details involved with the actual approvals of the Cherry Lane Subdivision through the City of Meridian and Ada County Highway District. I was absent from Boise during the time when these comments were prepared and distributed and consequently was not able to review them before they were distributed. I am writing to clarify the position of J -U -B ENGINEERS, Inc., regard- ing the items mentioned in this paragraph. We are fully aware that the 50 foot street right-of-way has been approved only contingent upon there being an additional 5 foot right-of-way easement on each side of the platted right-of-way. We are also aware that the 1,000 feet block length requirement has been waived only in specific instances and that we must gain the City's approval for each variation from this ordinance. Since the overall plan for Cherry Lane Village has been approved conceptually the City, we would hopefully anticipate that there will be no future problems with blocks in excess of 1,000 feet as they are shown on the concept plan. The 5 foot wide sidewalk requirement was waived for Cherry Lane Village No. 1 Subdivi- sion except along Interlachen Way. We are aware, however, of the City's alter posture with regard to the sidewalk widths and their present policy of requiring 5 foot sidewalks on both sides of all streets. Cherry Lane Village No. 2 Subdivision has been designed with 5 foot wide sidewalks as will all subsequent phases. . J -U -B ENGINEERS, INIO5903 Franklin Road - Boise, Idaho 83705 • Mayor Donald Storey -2- September 5, 1978 I hope that this letter will clarify J -U -B's position as regards those items in the aforementioned paragraph. We apologize for any misunderstand- ing which this might have caused. If you have any further questions regard- ing this matter, please do not hesitate to call me. Sincerely, J -U -B ENGINEERS Inc. ugen W. Wright.' EWW:dm cc: Dick Ellison Colleen Eggert 5903 Franklin Road ,5,—U—B ENGIN ERS, Boise, Idaho 83705 July 28, 1978 INC JUL 31 taco Telephone (208) 336-5850 Mayor Don Storey Meridian City Hall 728 Meridian Street ,I Meridian, Idaho 83642 Dear Mayor Storey: The concrete subcontractor in Cherry Lane Village No. 1 Subdivision inadvertently placed approximately 1,350 linear feet of 4 foot sidewalk on one side of Interlachen Way rather than the 5 foot sidewalk as shown on the plans. After discussing this situation with Councilman Dick Williams, it was decided that the City Council should review the situation and decide whether or not this sidewalk should be removed. The subcontractors that were involved with the construction of this sidewalk will be present at your August 7, 1978, meeting to discuss it with you. The Ada County Highway District has agreed to accept the 4 foot sidewalk if the contractor places an additional 2 foot pad around each mailbox cluster. Please be advised that the sidewalk on the opposite side of Interlachen Way was constructed and is 5 feet in width. The 4 foot sidewalk starts at Cherry Lane and runs approximately 1,350 feet northerly on Interlachen Way. Your consideration of this item will be greatly appreciated. Sincerely, -U-B ENGINEE S, In r D. Michael Preston, P.E. DMP/na CC: Dick Williams, City Council Bruce Stuart, Public Works Superintendent Nick Cole, Concrete Placing Co. ENGINEERINQ PLANNING—SURVEYING �� .§r h ,j r'� ��,�°.�; i---a•-...%r..i- ".-"---•-. .._ .. N.__ t,..�',F�.�i 6�3.:- 5 -U -B ENGIN ERS, INC.J'Lr3 Z RECO 5903 Franklin Road Boise, Idaho 83705 Telephone (208) 336-5850 July 28, 1978 Mayor Don Storey Meridian City Hall 728 Meridian Street Meridian, Idaho 83642 Dear Mayor Storey: The concrete subcontractor in Cherry Lane Village No. 1 Subdivision inadvertently placed approximately 1,350 linear feet of 4 foot sidewalk on one side of Interlachen Way rather than the 5 foot sidewalk as shown on the plans. After discussing this situation with Councilman Dick Williams, it was decided that the City Council should review the situation and decide whether or not this sidewalk should be removed. The subcontractors that were involved with the construction of this sidewalk will be present at your August 7, 1978, meeting to discuss it with you. The Ada County Highway District has agreed to accept the 4 foot sidewalk if the contractor places an additional 2 foot pad around each mailbox cluster. Please be advised that the sidewalk on the opposite side of Interlachen Way was constructed and is 5 feet in width. The 4 foot sidewalk starts at Cherry Lane and runs approximately 1,350 feet northerly on Interlachen Way. Your consideration of this item will be greatly appreciated. Sincerely, U -B ENGINEE S, In Pj:, D. Michael Preston, P.E. DMP/na CC: Dick Williams, City Council Bruce Stuart, Public Works Superintendent Nick Cole, Concrete Placing Co. ENGINEERING—PLANNING—SURVEYING O t -U -B ENGINIERS, INC. 5903 Franklin Road Mr. Herald Cox City Clerk City of Meridian 728 Meridian Street Meridian, Idaho 83642 Dear Mr. Cox: Boise, Idaho 83705 January 25, 1978 RE: Cherry Lane Village No. 1 Subdivision Telephone (208) 336-5850 Pursuant to our telephone conversation of January 24, 1978, this letter will serve to inform the City of Meridian that prior to recording the plat of the subject subdivision the following lots will be added to the list of lots allowed for construction of duplex dwellings. Lot 3, Block 3 Lot 18, Block 3 Lot 2, Block 6 Lot 4, Block 7 Since you indicated you did not feel it was necessary to appear again before the City Council on this minor matter, we will proceed with recording the plat with the above changes. EWW/na CC: Sumner Johnson folleen Eggert Sincerely, J -U -B ENGINEERS, nc. ugeVW. ight ENGINEERING—PLANNING—SURVEYING ' Min rt 0 WAw C4 cWQ tDOFJ��WO�� iia• O FamR 8'1O 4W OOOg�.0 b C+yWM= c• 7CCJ]eP� °i A• 6a. s• fn 6a. pw pmt• Qw� ¢wf �i G� a• i� �' "! a ta. N• �d i�-±-•� N c a. (�. A w ego• iy C5 L7 t! C+ Q�g � cn ect L) Fes+• t7t1 ca c;, Rs' da °6 W �Oy II� t9 * 00 ! O i/� Qal y��+' �D c® A 1-•r t! � O of GY 7C 60 h! to O Y O (� eP fAe. O M+ n 0 0 r"! a � C+ O 4 W. �N 1-4 If. �r• ' f Qa m �•O y t4 C+w�n094 4+ c00 a �� ® F~+•cOD�13 0 C4 ru �. c O �O A, ts °! t7 �$ Pa. � a 9 CIO, W w tQ Af 4 o t ® W O W L09 of 19 U so C+ ts' F4 11fi od O a A O A• N 0 lz O H O w O j M °r3 e► O J ir` a ILI m P. :* Flo 0 R r Y r 19 U so C+ ts' F4 11fi od O a A O A• N 0 lz O H O w O j M °r3 e► O J ir` a ILI Flo 19 U so C+ ts' F4 11fi od O a A O A• N 0 lz O H O w O j M °r3 e► O J ir` a ILI OFFICIALS HERALD J. COX. CITY CLERK. F. 0. ANN KIESERT, TREASURER GARY L. GREEN, CHIEF OF POLICE BRUCE D. STUART. WORK SUPT. JOHN O. FITZGERALD. ATTORNEY ROGER WELKER. FIRE CHIEF August 16, 1977 TO WHOM IT MAY CONCERN: The City of Meridian has received and tentatively approved the sewer and water plans for Cherry Lane Village Pio, 1 Subdivision contingent upon some revisions required by the Meridian Public Works Department. The City of Meridian will provide water service for the said development. The Meridian Fire District has reviewed the plans for the said development. Signed this date., August 16, 1977 Marvin R. Bodine President of Council ii i to HUB OF TREASURE VALLEY -� A Good Place to Live CITY OF MERIDIAN 728 Meridian Street COUNCILMEN MERIDIAN, IDAHO JOHN R. NAVARRO RICHARD C. WILLIAMS 83642 MARVIN R. BODINE Phone 888-4433 KENNETH W. RASMUSSEN DON M. STOREY HERALD J. COX. TRAFFIC BUREAU. SEC. ZONING & PLANNING Mayor WILLARD ROWLEY CHAIRMAN ZONING & PLANNING August 16, 1977 TO WHOM IT MAY CONCERN: The City of Meridian has received and tentatively approved the sewer and water plans for Cherry Lane Village Pio, 1 Subdivision contingent upon some revisions required by the Meridian Public Works Department. The City of Meridian will provide water service for the said development. The Meridian Fire District has reviewed the plans for the said development. Signed this date., August 16, 1977 Marvin R. Bodine President of Council ii i to OFFICIALS HERALD J. COX. CITY CLERK. F. 0. ANN KIEBERT. TREASURER GARY L. GREEN. CHIEF OF POLICE BRUCE D. STUART. WORK SUPT. JOHN O. FITZGERALD. ATTORNEY ROGER WELKER. FIRE CHIEF August 16, 1977 TO WHOM IT MAY CONCERN: COUNCILMEN JOHN R. NAVARRO RICHARD C. WILLIAMS MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU. SEC, ZONING & PLANNING WILLARD ROWLEY CHAIRMAN ZONING & PLANNING The City of Meridian has received and tentatively approved the sewer and water plans for Cherry Lane Village No. 1 Subdivision contingent upon some revisions required by the Meridian Public {forks Department. The City of Meridian will provide water service for the said development. The Meridian Fire District has reviewed the plans for the said development.. ,o Signed this date, August 16, 1977 r �7 Marvin R. Bodine President of Council NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888-4433 DON M. STOREY Mayor August 16, 1977 TO WHOM IT MAY CONCERN: COUNCILMEN JOHN R. NAVARRO RICHARD C. WILLIAMS MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU. SEC, ZONING & PLANNING WILLARD ROWLEY CHAIRMAN ZONING & PLANNING The City of Meridian has received and tentatively approved the sewer and water plans for Cherry Lane Village No. 1 Subdivision contingent upon some revisions required by the Meridian Public {forks Department. The City of Meridian will provide water service for the said development. The Meridian Fire District has reviewed the plans for the said development.. ,o Signed this date, August 16, 1977 r �7 Marvin R. Bodine President of Council OFFICIALS HERALD J. COX. CITY CLERK, F. 0. ANN KIEBERT, TREASURER GARY L. GREEN. CHIEF OF POLICE BRUCE D. STUART, WORK SUPT. JOHN O. FITZGERALD. ATTORNEY ROGER WELKER, FIRE CHIEF • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888-4433 DON M. STOREY Mayor August 16, 1977 COUNCILMEN JOHN R. NAVARRO RICHARD C. WILLIAMS MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU. SEC. ZONING & PLANNING WILLARD ROWLEY CHAIRMAN ZONING & PLANNING TO WHOM IT MAY CONCERN: The City of Meridian has received and tentatively approved the sewer and water plans for Cherry Lane Village No. 1 Subdivision contingent upon some revisions required by the Meridian Public Works Department. The City of Meridian will provide water service for the said development. The Meridian Fre District has reviewed the pans for the said development. Signed this date, August 16, 1977 Marvin R. Bodine President of Council 0 HUB OF TREASURE VALLEY 40 A Good Place to Live CITY OF MERIDIAN OFFICIALS HERALD J. COX. CITY CLERK, F. 0. 728 Meridian Street ANN KIEBERT. TREASURER MERIDIAN, IDAHO GARY L. GREEN, CHIEF OF POLICE 83642 BRUCE D. STUART. WORK SUPT. Phone 888-4433 JOHN O. FITZGERALD, ATTORNEY DON M. STOREY ROGER WELKER. FIRE CHIEF Mayor August 16, 1977 COUNCILMEN JOHN R. NAVARRO RICHARD C. WILLIAMS MARVIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX, TRAFFIC BUREAU. SEC. ZONING & PLANNING WILLARD' ROWLEY CHAIRMAN ZONING & PLANNING TO tvHOM IT MAY CONCERN: The City of Meridian has received and tentatively approved the sewer and water plans for Cherry Lane Village No. 1 Subdivision contingent upon some revisions required by the Meridian Public Works Department. The City of Meridian will provide water service for the said development. The Meridian Fire District has reviewed the plans for the said development. Signed this date, August 16, 1977 Marvin R. Bodine President of Council E13 5903 Franklin Road -U-B ENGINE RS, INC. Mr. Marvin Bodine, President Meridian City Council City Hall 728 Meridian Street Meridian, Idaho 83642 Dear Mr. Bodine: Boise, Idaho 83705 August 12, 1977 RE: Cherry Lane Village No. 1 Subdivision Telephone (208) 336-5850 It has been recommended that the following variances to your ordi- nances be specifically spoken to and that the Council indicate its aware- ness and concurrence in these items: 1. Lots 1-3, Block 1; Lots 1-11, Block 2; Lots 1, 2, 4-13, 19, 20, 22, 23, Block 3; Lots 1, 3-10, Block 6; Lots 1-3, 5-8, Block 7 are designated as duplex lots. 2. Variance is requested to the maximum block length of 1,000 feet for Block 3 and Block 5. 3. Approval is requested for the configuration of the cul-de-sac surrounded by Lots 19-24, Block 5. 4. Cherry Lane is not being improved by the developer. 5. Variance to the requirements of five foot wide sidewalks to allow four foot wide sidewalks on all 50' right-of-way streets. Interlachen Way (60' right-of-way) will have a five foot wide sidewalk. The Council's attention to these items at your earliest possible convenience would be appreciated. Sincerely, L B EEGINEERS, Inn Wright EWW/na CC: Sumner M. Johnson ENGINEERING—PLANNING—SURVEYING m 1 �P e{ t . j ✓ f 't - i N l F ,i• � n se � OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer March 12, 1990 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN MEMORANDUM TO: D. Collins 33 EAST IDAHO MERIDIAN. IDAHO 83642 Phone UB -4433 GRANT P. KINGSFORD Mayor RE: Lot Split & Lot Line Adjustment - Lot 2 & 3 - Block 1 Cherry Lane Village #1 Subd. FROM: Gary Smith, City Engineer COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Chairman zoning & Planning JIM JOHNSON Review Comments: - Minimum lot size by Ordinances or Covenant = ? (Lot No. 2 lost 808 S.F.) - Building Inspector needs to verify that the townhouses are physically split - floor to roof with separate walls - - Side lot line easement between Lot 2 -3 - Anything exist in this easement? - Obtain parcel numbers from Ada County Assessor - - Show "LEGEND" on Lot Line Adjustment and Lot Split. - Do you need to state in the certificate that you set the pin(s)? - Attached is the blue line print(s) submitted containing my red pencil review comments and a copy of City Ordinance 9-604-K - "Lot Line Adjustment". _..�.__ _.. �-. -�wc • � �� LF 'ta't a��.. 'b��Rk. el}f `icr HUB 6F TAE-ASURE VAI;LF_Y -- - A Good Place to Live +; CITY OF MERIDIAl\T OFFICIALS! .COUNCILMEI•►.'{ +i 728 Meridian Street HERALD J. COX, City Clerk, F.O. MARVIN R. SODINE PATRICK W. JOY, Deputy City Clerk, F.O. MERIDIAN, IDAHO RICHARD c:wILEIAM$ ANN KIEBERT, Treasurer 83642 JOSEPH L.OWSYER GARY L. GREEN, Chief of Police Phone 888-4433 GRANT P. KINGSFORC BRUCE D. STUART, Water Works Supt. HERALD J. CO&Tral`4. $weau i JOHN O. FITZGERALD, Attorney DON M. STOREY sec Zoning aPlenhing j ROGER WELKER, Fire Chief Mayor DONALD{„ $HgRP nln �9k I � EARL WARD, waste water sept. Chairman Zoning & May 30, 1979 , T t. tt�t}fid Donald H. Leavitt P.O. Box 184734 `?;' Bellevue, WA 98009 a Dear Mr. Leavitt: The sprinkler system installed at the Cherry Lane Golf Course is inadequate. At present, almost a mile K of pipe has been replaced. Pumps and electrical boxes'°, were not installed properly, along with a host of other problems. !� -a'y • It is almost needless to say this has caused an;,;` undo hardship on the Cherry Lane Recreation Association. _;. ?' I am hoping you will understand the urgency of the matter and meet with me to discuss the problems.rA` Your earliest reply would be most appreciated. ' B t r gards, seph laisyer;'�� ayor, City of Meridian, Idaho t. t JG/mb cc: J -U -B `4 " % Cherry Lane Village Golf Course File ' r Rich Stanfield Vit' r xr, '}Y i� j: r' y f KA �! ~ ' f DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS A1:D RESTRICTIO AFFECTING CHERPY LANE VILLAGE No. 1 SUBDIVISION WHEREAS, I.uPACIFIC COMPANY, INC., ,an Oregon corporat ivh hereinafter referred to as "Declarant",_is the owner of certain real property situated in the City of Meridian, State of Idaho, known as Cherry Lane Village, and CINEREAS, Cherry Lane Village No. 1 Subdivision is a duly recorded plat; and WHEREAS, the Declarant desires to declare of public record certain protective -covenants, conditions and restrictions upon the ownership of real property: NOW, THEREFORE, in consideration of the foregoing, the j, Declarant does hereby declare that the following protective cove- , � pants, conditions and restrictions: 1. Shall become and are hereby made a part of all conveyances of Olock 1, Lots 1 through 3 inclusive; Block 2, Lots 1 through 10 inclusive; Block.3, Lots 1 through 23 inclusive; Block 4, Lots 1 through 17 inclusive; -Block 5, Lots 2 through 51 inclusive Block 6, Lots 1 through 10 inclusive; Bloc}: 7, Lots 1 through 8 inclusive; Block B. Lots 1 through 12 inclusive; Block 9, Lots 1 through 10 inclusive; within the plat of Cherry Lane Village No. 1 Subdivision, recorded on.the �7 day of �fi"A Ir 1978, in Book 4¢ of Plats at Page(s) 3L37- 3539 of the Records of Ada County Auditor, Ada County, State of Idaho; and, 2. Shall *by reference become a part of -any—such convey- ances of whatevor•.kind and- shall apply thcretro' as fully and with the same effect as if set forth in full therein. -1- K'. ARTICLE I DEF&IONS 1.01 "Declarant" shall mean the NuPacific Company, inc., an. Oregon corporation, its successors and assigns. 1.02 "Owner" shall mean the owner of record, whether one or more persons or entities, of a fee simple title to any lot, or multiple family dwelling unit, which is a part of Cherry Lane Village No. 1 Subdivision, including contract sellers. 1.03 "Cherry Lane Village" shall mean all real property now and hereafter contained in the plats of Cherry Lane Village No. 1 Subdivision. 1.04 "Lot" shall mean plats of land designated for residential use within Cherry Lane Village No. 1 Subdivision and identified on the plats thereof by Arabic numerals. .1.05 "Golf Course" shall mean all real property now and hereafter contained in the. Cherry Lane Village golf course. 1.06 "These covenants" shall mean the Protective Covenants Conditions, and Restrictions as set forth in this Declaration with respect to Cherry Lane Village; together with the Architectural Control Committee rules as -set forth in Article IV hereof, as the same may be amended and supplemented from time to time in accordance with the provisions of this Declaration. ARTICLE II PROPERTY. SUBJECT TO THESE COVENANTS 2.01 Initial development. Declarant hereby declares that all of the real property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these- covenants. The'above proper-ty--t-egether with other real property from time to time annexed thereto and made subject to these covenants shall constituteffCherry Lane Village. -2- ..wn,.,..n. 2.02 Annexation of subs vent phases of Cherry Lane leViIJp ge. Declarant may from times time annex to Cherry Lane Village any adjacent real property now or hereafter acquired by it. The annexation of such additional phases of Cherry Lane Village shall be accomplished as follows: A. The Declarant shall record a declaration which shall be executed by Declarant, and shall, among other things, descrrbe the real property to be annexed, establish any additional or different limitations, restrictions, covenants and/or conditions which are intended to be applicable to such property, and declare that such property is held and shall be held, conveyed, hypothe-. cated, encumbered, used, occupied and improved subject to these covenants: B. The property included by any such annexation shall thereby become a part of these covenants. C. Notwithstanding any provision apparently to the contrary, a declaration with respect to any annexed area may: 1. Establish new land classifications and such limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the develop- ment of the annexed property; and 2. With respect to existing land classifications, establish such additional•or different limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of such annexe-& property. ARTICLE III RESIDENTIAL COVENANTS 3.01 Land use and building type.. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to -remain on any lot -other than one detached single family dwelling (with the oxception of those lots "apecifieil hs duplex lots) not to exceed two and one-half (2-1/2) stories in height, -and a privatrage for not less than two cars. The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, private swimming pool or a shelter. or port for tha protection of such swimming pool, or for the storage of a boat and/or camping trailer kept for personal use, provided that the 1pcation of such structure is in conformity with the applicable municipal regulations, and is compatible in design and decoration with the residence constructed on such lot, and has been approved by the Architectural Control Committee. The provisions of this section shall not be deemed to prohibit the right of any homebuilder to construct residences on any lot, to store construction materials and equipment on said lots in thk'normal course of construction and to use any single family residences as a sales office or model home'for the purposes of -sales in Cherry Lane Village. 3.02 Dwelling size..,. The .ground floor area of a one' - story dwelling, exclusive of open porches and garage shall be not less than 1250 square feet. In the case of a two-story dwelling, the lower or ground floor level shall be not less than 1000 square feet. In the event of a multi-level dwelling, the area of: the one-story portion and'the area of the upper level of the two-story portion shall constitute a minimum of 1300 square. feet. A split entry or -Split foyer type.home and a daylight basement home shall have a main floor area of not less than 1000 square feet. With regard to duplex units, each side shall have not less than 960 square feet. Further, with regard tb duplex units, each unit shall have constructed A garage for not'.less than two cars, unless otherwise approved by the Architectural Control Committee. • -A- 3.03 'Builder setba No building shall be located 4 on any'lot nearer than twenty a (25) feet to the front lot line; nearer than twenty-five (25) feet to the rear lot line, or nearer than five (5) feet to a side lot line, on corner lots the side yard shall be a minimum of twenty-five (25) feet on the side abutting the street. Such building setbacks shall be in effect with the exception of the following: A. All odd numbered lots as designated on the plat in Arabic numerals, and with the exception of odd numbered cornered lots, shall have a front'setback of at least thirty (30) feet unless specifically waived in writing by the Architectural Control Committee. All odd numbered corner lots shall have setback restrictions as set forth in Section 3.03 above. B. For the purposes of setback determinations, all lots which are bordered on one side by a public*street and on an adjacent side by a cul-de-sac shall be considered corner lots. C. A11 lots which have a common lot line with the golf course shall consider such side as the rear yard and therefore no structure shall be located within a thirty (30)-foc rear yard l setback of such lot line, unless specifically waived in writing by the Architectural Control Committee. The Architectural Control Committee,— upon application, may in its discretion waive any violation of this subsection which it finds to have been inadvertent-; provided the same would mot constitute a violation of local governmental ordinances. 3.04 Easements. Easements for installation and main- tenance of utilities and drainage, and irrigation facilities are reserved, as shown on the recorded plat. Within these easements, no structure, fence, planting or other materials shall be placed or permitted to remain which may damage or•inferfere with the installation and/or maintenance of such utilities, or which may -5- Y change the direction of flow of water through a drainage channel • in the easements or which may COruct or retard the-flow of water through drainage channels in the easements. The easement area of each lot.and•all Improvements-in- it shall be maintained continuously by the owner of the lot -except for those improvements for which a public authority or utility company is responsible. Easements to permit access for the standard play of golf during regular daylight hours on the golf course adjacent to the lots which are subject to these restrictions are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over and upon such lots, the usual and common noise level created by the playing of the game of golf, together with all the other common and usual activity associated with the game of golf. 3.05 Temporary structures. No structure ofmporary nature., trailer, basement;• tent ;• ahack,••garage, barn or other outbuilding 'shall be used on any lot at any time as a residence, either temporary or permanent. 3.06 Irrigation. In accordance with the provisions of Idaho Code, Section 31-3805, the Declarant assumes no respon- sibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the followings A. That irrigation water deliveries have not been provided by the Declarant; B. That the purchaser of the lot must remain subject to all assessments levied by the irrigation entity= : C. That the purchaser shall be respbnsible to pay such legal assessments; D. That the assessments are a lie; on'•the land within -6- the purview of the irrigation entity and as provided for by I • and • E. That the Declarant is not now, nor will it be in the future, responsible for the maintenance of any existing or future irrigation systems, canals, -or pipe, either running through Cherry Lane village or any individual lot. 3.07 Fences. No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. Chain -Link fences are hereby prohibited on any residen- tial lot, except where required by the Declarant or any public agency in order to secure utility sites, irrigation or drainage facilities or other public use as deemed necessary. +Hedges or other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences, provided, however that no such fence or hedge shall be permitted along the front.of a:lot or dwelling structure. Both fences and hedges located on the lot lines in common with the golf course shall include a gate for means of access to and from the gollf course and shall be -erected directly on the lot line, jrnd all fencing shall be of grape -stake design and construction. No fence or hedge intersecting a lot line which is in common with the golf course shall exceed six (6) feet in height. 3.08 offensive activity. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or a `*nuisance to the neighborhood. 3.09 Business and commercial uses. .No..trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot, nor shall any godagv* equipment, -7- vehicles, mterlals or supplies good in Comeetion with any trade, service or businessotpt at stored on any lot. excepting the sight of any hosebuildor and the Doclsrant to construct residences on any lot. to state construction materials and equipment • on said logs and the normal course " said sMllconstruction, prevent the Welprovided. sant. however, that nothing in theme Covenants or any assignee, from the construction of and the iwsssl buslnees conduct Connected with a clubhouse, professional golf shop. country club, and/or related facilities, as a part of the golf course. . 3.10 ¢!y ria sign o! any kind shall be displayed to the public view on any lot or improvement. except ons professional sign of not more than six square Cost advertising the-pseportY for sale. This restriction shall not prohibit the tmaa placement placement of political signs on any lot by the Owner, of a professional sign by the poclarsnt. which mast comply with I the local sign ordinances. This restriction doss not apply to . signs used by the builders during the eonstruetlon and sales. 3. 11 arkin Parking of boats. trallars. motorcycles. trucks. truck -campers and like equipment $hall'act be allowed on any part of any lot or on publto ways adJaceat thereto excepting` only within the confines of an enclosed garago, storage pert. ,f a a !� event •, `' behind a screening [encs or shrubbery which shell r.. :V ••r Riko"Y the frost walls of any � project beyond •'.- '� - ' "„ animals. livestock • 3+.17, u+imai• • No ..:.:�••.. �.`aa:' .i: ;j��:. tom' �:.. be ralead, bred or kept on say lot , :• kind shall ld 4�i as ants or other household pats may be kept p • V S;•ss °`'` ;q .. not kept, brad osS mioteined for YQomate.,.: r rubbisD. Wo' spallJbe,rC►:�' y:44 •,: xt;* s', • •�9 • aft �T�TD.biib: ?ra!bu T. +.W. •a. *•,+ '.� rov.(4+ i;6•.•!}.�`.,�ye��.Ft��{�aPl{l�j:ac.�•�!d' �•'_:k �� �. •(� `•J'ti .4'1'bi• .•'':,�G ��'. �irrfi:!4` 3. %�., ..�,������ �:. • : 5.. �•,�• ds� :'9�'�tsf���i . ¢!{�.y{KptvgrWr S fvuoo..u)u�rH2Y.'l YfbOP•�q�+� - disposal of such materials shall he kept in a clean and sanitary condition. • 3.14 Construction completion. Construction of any dwelling shall be completed including- exterior decoration within eight (e1 months from the date .of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris, and the grass thereon cut or mowed at-svf- icient intervals to prevent creation of a nuisance or fire hazard. 3.15 Landscape completion. All landscaping must be completed within ninety. (90) days from the date of occupancy of • the residence constructed thereon. However, all lots abutting the golf course must be sodded and such sodding must be completed within foity-five (45) days of the completion of the residence, unless otherwise approved in writing by the Architectural Control Committee. In the event of undue hardship due to weather condi- tions, this provision may be.,gxtended.for.a reasonable length of time upon written approval of the Architectural Control Committee. 3.16 Antennas and service facilities. Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot so as to be visible from the street -in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. 3.17 Trees. Each builder., or property owner within forty-five (45) days from the date of final yard grading of the residence, shall plant at least two 1-1/2 inch, caliper, five gallon ornamental trees adjacent to the street right-of-way in the front yard. In the case of corner lots such trees shall be planted so that each side fronting on a street contains at .least one tree. Such trees shall be placed in a manneregu-idistant from each other and from the adjacent lot. lines, unless otherwise approved in writing by the'Atchitectural Control Committee.?;: -hall be permitted on any residential lot. 3.19• exterior- finish. The Orior of all construction .1 any lot shall be designed, built, and maintained in such a .nner as to blend in with 'the 'natural surroundings, existing ,.ructures and landscaping within Cherry Lane Village. Extcri-c — dors shall be of the flat, non -gloss type and shall be limited : subdued tones. Exterior colors must be apprbved by the Archi- •ctural Control Committee in accordance with the provisions of is Article. Exterior trim, fences, doors, railings, decks, Ves, gutters, and the exterior finish of garages and other tessory buildings shall be designed, built and maintained to be T.patible with the exterior of the structure they adjoin. 3.20 Roofing. Only shake or tile roofing shall be d on any structure constructed on a lot unless approved other - .e in writing, by the Architectural Control Committee beforehand. 3.21 Yard_ lights. Upon completion of a residential . ucture a yard light shall be 'installed* in a location not more a seven (7) feet from the. inside of the sidewalk, and adjacent the. driveway of such premises. Said yard light shall be of a darrdsix (6) foot height and the location and type small be in on all plans for construction of each particular structure, be subject to approval, as submitted to the Architectural ..fit( rol Committee pursuant to 54.04 herein. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE j.V-A 4.01 Membership: appointment and removal. The Archi- ural Control Committee, hereinafter referred to -as the :.wnai�te - ..ttee, shall consist of as many persons, not less than?three, .e Declarant may from ti 'w►wt me to time appoint. Declaran ..may •e any member of the Committee from office at any tiirie; and :�u►K ppoint'new or additional members at any time. Declarant -10- r :shh1] keep on file at its principal office a list of names and • addresses'of members of the Coee. The powers and duties of such Committee shall cease in oneear y , or prior at Declarant's sole discretion, after completion of construction of all the single family dwellings, and the sale of said dwellings to the initial owner/occupant on all of the building sites within Cherry Lane Village and properties subsequently annexed thereto. 4.02 Procedures. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to*the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 4.03 Action. Except --as otherwise provided herein, any two members of the Architectural Control Ccmmittee•shall have power to act on behalf of the Committee, without the necessity of nesting and without the necbssity of consulting the remaining merbers of the Committee. The Committee may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 4.04 'Approval of plans by Architectural Control Committee_. No building or structure, including swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications, and a plan showing the nature, shape, height, materials, colors, together with detailed plans showing the proposed location of the same on the particular building site have been submitted to and approved in writing by the Committee. All plans and specifications for approval by the Committee must be submitted at least twenty (20) days prior to the proposed construction starting date. 4.05 Nonwaiver. Consent by the Committee to any. matter proposed*to it and'within•its •jurisdiction; under these -11- its ' 74 Covenants shall not be deemed to constitute a precedent or waiver impairing its rights to'withhold approval as to.any similar matter. thereafter proposed or submitted to it for consent. 4.06 Liabili.!iX. Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder or Decla- rant for any damage, loss of prejudice suffered or claimed on account of any action or failure to act -of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. ARTICLE V GENERAL PROVISIONS r 5.01 Term. These covenants shall run with the land with respect to all property within Cherry Lane'Village and any subsequently annexed properties and shall be binding on all parties and all persons claiming .under -them until amended or evoked in the inanner'provided in §5.08. 5.02 Severability. Invalidation of any one of these covenants by judgment or court order shaII Jn no way affect any of the other provisions which shall remain in.full force and effect. In the event the provisions of these covenants are declared void.by a court by reason of the period of time herein - stated for which the same shall be. effective,- then in that event such terms shall- be reduced to a period of time which shall not violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. 5.03 Standing. Should any person violate or attempt to violate an of the ..'h' Y provisions of. these covenants, the Declarant, -12- •. or. any other I.c•rson or persons owning any real property embraced • within the plat, at its or toption, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons. violating or attempting to violate any of.the said covenants, either to pievent the doing of such or to recover damages sustained by reason of sych violation. Should the Declarant employ counsel to enforce any of these covenants, conditions or restrictions, by reason of such' violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the Declarant shall have a lien upon such lot or lots to secure payment of all such accounts. 5.04 Effect of breach. The breach of any of these covenarits, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot.or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. 5.05 Delay. No delay or omission on the part of the Declarant or the owners of other lots in the properties in exer- cising any rights, power, or remedy hereinprovided, in the event of any breach of the covenants, conditions, or restrictions hereincontained, shall be construed as a waiver thereofor acqui- esence therein, and no right of action shall accrue or shall any action be brought or maintained by anyone whatsoever against the Declarant for or on account -of the failure to bring apy action' on account of any breach of these covenants, conditions, or restric- tions, or for imposing restrictions herein which may be unenforce- able by the Declarant: -13- i 5. 06 Extent of remedies.- These covenants, conditions and restrictions, are cumulatand all remedies providod herein for breach are in addition'to any rising remedies provided by local or state laws, and not in lieu thereof. 5.07 Approvals. Approval by a city or county .governing board,vested with the responsibility of reyiewing planning and zoning having jurisdictions over this subdivision, of an appli- cation made by the Declarant which is in conflict with any cove- nants, conditions or restrictions of these Covenants shall in no way affect or invalidate these Covenants, but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation hereof,- subject to the right of the Declarant to change the land use designation as provided in Article,II herein. 5.08 Amendment and repeal. These Covenants or any provision' thereof, as from time to time in.effect with respect to all or any part of Cherry Lane Village No. 1 Subdivision may be amended or repealed only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment which is signed by the Owners of not :less than seventy- five percent 4756) of the Lots. IN WITNESS WHEREOF, the Declarant caused its corporate Vice President and name to be subscribed by its Cozporate Secretary , this _20th day of March ,' 1978. NUPACIFIC COMPANY, INC. By SY • %i -19- t. OFFICIALS LA WANA L NIEMANN, City Clerk A. M. KIEBERT, Treasurer ROGER SHERWIN, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. July 23, 1980 - 0 0 /7-1= �q HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888.4433 JOSEPH L. OLAISYER Mayor M. E. Aschenbrenner 3823 Quaker Ridge Dr. Meridian, ID 83642 To be approved for a sprinkler system in the City of Meridian, you must obtain a permit and inspection from the State Plumbing Board. Also required, is a Meridian City Electric Permit. Sincerely, 112 LaWana L. Niemann City Clerk LLN/mb i i 1 I' i i i i COUNCILMEN RICHARD C. WILLIAM GRANT P. KINGSFORI BILL BREWER RICHARD F.ORTON, Jq DONALD L SHARP Chairman Zoning 8 Plannle March 24, 1980 Real Estate Developers P.O. Box 1847, 98009 Mr. Earl Ward 301 116th Ave. S.E. Wastewater Superintendant Suite 580 CITY OF MERIDIAN Bellevue, Washington 728 Meridian Street 98004 Tel. 206/455-9696 Meridian, ID 86342 MAR 2 G 1980 Re: Cherry Lane Village Lift Station Inspection Charges Dear Mr. Ward: eel. Enclosed please find a copy of your billing to Leavitt NuPacific for lift station inspection fees for our Cherry Lane subdivision. Also enclosed is a copy of the minutes of the City Council meet- ing dated July 17, 1978, Resolution 69, regarding acceptance of maintenance responsibility for interim sewage treatment facilities. According to this resolution, Item # 4, developer responsibility for maintenance was to last for a period of one year at which time it would become the responsibility of the City of Meridian. The letter of acceptance from the City of Meridian for the Cherry Lane system was dated November 20, 1978. NuPacific Company will pay the invoice above noted through the month of November, 1979, at which time payment should revert to the City of Meridian. Should there be any question regarding this matter, please advise this office. Very truly yours, Patty Carlson LEAVITT NUPACIFIC PC Enclosures I , I • ' I I11•:S:t11.11'1'ItJ1J (,ct l:'111:1t1J,:', the Ci L;; ref 'S, : ! 111:11► pier i t•c•:. Lu h:cvr c:ontt'vl over sltu) t:C,]t1Lt•ll',I,i'l' uf' 1l;1-,.t•j:n ;;r.;�r,t• f:tC!}iLica whlc•Jt ut•c• cun::LrucLCd}twitlinatht evencorpotually l 13 tai t.. of t.hr (:i t.y Of' Meridian fut,l w)t! c.h systems wi ] 1 rind mast eventt,a]],y i,e hooked into City owned sewer treatment facilities; l•71UTUAS, the City of Meridian desires to insure that all developed subdivisions are serviced by the City's sewer treatment facility; and WHEREAS, developers of subdivisions desire to have the -City of Meridian operate and maintain the interim sewer facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Meridian, State of Idaho, as follows: The City of Meridian will accept responsibility for the operation and maintenance of Central District Health and City of Meridian approved interim sewer facilities subject to the following conditions: 1. The developer will reimburse the City of Meridian for all costs, direct and indirect, associated with the operation and maintenance of the facility. These costs will be billed directly to the developer by the City of Meridian. 2. The developer will connect to the permanent sewer lines within sixty (60) days after the new sewerage treatment facility or the Phase III trunk line project is completed, whichever occurs last. The comple- tion date will be decided by the City Engineer. 3. If the developer does not connect to the permanent sewer lines within the time limits set forth above, or within a time extension granted by the City Council, the City of Meridian absolves itself of all responsibilities for the interim facility. 4. If the interim facilities have been operated or maintained*li' the City for a period of one year or more, all equipment shall revert to the City; said year shall commence when the interim facility is first used. 5. That this resolution shall be attached and become part of subdivision plats requesting the City to operate and maintain interim sewer systems. PASSED and approved by the City Council, July 17, 1978. MAYOR, City of Meridian, Id ho attest- City Clerk J 'huG 41978 WPACIFIC C0411PANY DeNevue k),��x-a--,'CENTRAL DISTRICT HEALTH MAIN OFFICE 1455 NO. ORCHARD BOISE, IDAHO 83706 TELEPHONE 375-5211 Mr. John Bastida Ada County Recorder Ada County Courthouse Raise, in 817n2 near Mr. Rastida: 0 DEPARTMENT Serving the counties of.... ' a 1 necember 4, 1979 =A` Re: Cherry Lane Village 1 & 2 This office has received verification from the city of Meridian that the two subdivisions mentioned above can now connect to the Meridian Sewane Treatment Plant. At this time, this office can release sanitary restrictions on these subdivisions and approve them for central water and central sewer facilities. No lot size may be reduced without prior approval of the health authority. Sincerely, Nancy Goo ell, E.H.S. Sr. Envir,'onmental Quality Specialist cc: J -U -R Engineers Meridian City Earl '•.lard Ada County Ruilding Department U S Department of HUD James J. Jenkins, Director of Environmental Health CENTRAL STRICT HEALTH MAIN OFFICE 1455 NO. ORCHARD BOISE, IDAHO 83704 TELEPHONE 375-5211 Mr. Clarence Planting Ada County Recorder Ada County Courthouse P.O. Box 877 Boise, Idaho 83701 J U L 3 1 RECD &PARTMENT Serving the counties of.... .- b 61mv July 28, 1978 Re: Cherry Lane Village #1 Dear Mr. Planting: This office has reviewed and can approve. -Cherry Lane Village #1 for central water and central sewer facilities. Sincerely, Nancy Go dell, E.H.S. - Environmental Quality Specialist II ' cc: James J. Jenkins, Director of Environmental Health - City of Meridian U.S. Department of HUD J -U -B Engineers NG/le - June 12, 1978 * AN 0 Mayor Donald Storey City of Meridian Meridian, ID 83642 Real Estate Developers P.O. Box 1847 Dear Mr. Mayor: 10222 N.E. First Street Bellevue, Washington 98009 This letter will serve as notification of our Com - Telephone (206) 455-9696 om- Telephone(206)455-9696 pany's intent to have the Cherry Lane Subdivision serviced by the permanent main sewer lines that are presently being installed and will soon be in the general area of our develop- ment. Although Phase I of the development will be serviced by an interim sewage disposal facility, after the permanent sewer lines are available, within 60 days, NuPacific will connect into the permanent lines, provided, however, that weather conditions will allow necessary construction. Further, we are presently pursuing the acquisition of the necessary easements in order to service the remaining portions of the Cherry Lane Development. If we are not able to acquire the easements of preference, we do have alternate routes by which we can service the entire develop- ment. Any further information pertaining to the actual easements, their location, alternate routes for sewer installations, and the pertinent details as to the sewer lines themselves can be obtained through our Engineers in Boise, J.U.B. Engineering. Very truly yours, VITT NUPACIFIC v� Aolleen C. Eggert Vice President CCE: ss Elmomme"Osawo ro;Tv CC: Gene Wright Mike Preston 4 6,"/'7'r • 0 JUN 16 RECD 0 June 12, 1978 0 Mayor Donald Storey City of Meridian Meridian, ID 83642 Real Estate Developers P.O. Box 1847 Dear Mr. Mayor: 10222 N. E. First Street Bellevue, Washington 98009 This letter will serve as notification of our Com- Telephone(206)455-9696 pany's intent to have the Cherry Lane Subdivision serviced by the permanent main sewer lines that are presently being installed and will soon be in the general area of our develop- ment. Although.Phase I of the development will be serviced by an interim sewage disposal facility, after the permanent sewer lines are available, within 60 days, NuPacific will connect into the permanent lines, provided, however, that weather conditions will allow necessary construction. Further, we are presently pursuing the acquisition of the necessary easements in order to service the remaining portions of the Cherry Lane Development. If we are not able to acquire the easements of preference, we do have alternate routes by which we can service the entire develop- ment. Any further information pertaining to the actual easements, their location, alternate routes for sewer installations, and the pertinent details as to the sewer lines themselves can be obtained through our Engineers in Boise, J.U.B. Engineering. Very truly yours, VITT NUPACIFIC olleen C. Eggert Vice President CCE: ss cc: Gene Wright Mike Preston 0 • Mayor Donald Storey Real Estate Developers City of Meridian P.O. Box 1847 Meridian, ID 83642 10222 N.E. First Street Dear Mr. Mayor: Bellevue, Washington 98009 Telephone (206) 455-9696 This letter will serve as notification of our Com- pany's intent to have the Cherry Lane Subdivision serviced by the permanent main sewer lines that are presently being installed and will soon be in the general area of our develop- ment. Although Phase I of the development will be serviced by an interim sewage disposal facility, as soon after the permanent sewer lines are available, as is practical, we will make connection to them. Further, we are presently pursuing the acquisition of the necessary easements in order to service the remaining portions of the Cherry Lane Development. If we are not able to acquire the easements of preference, we do have alternate routes by which we can service the entire development. Any further information pertaining to the actual easements, their location, alternate routes for sewer installation, and the pertinent details as to the sewer lines themselves can be obtained through our Engineers in Boise, J.U.B. Engineering. Very truly yours, LEAVITT NUPACIFIC Donald H. Leavitt DHL: ss cc: Gene Wright Mike Preston w CENTR40)ISTRICT HEALTH DEPARTMENIO Review Sheet Return to: Boise Rezone # _ Eagle Conditional use # _'Meridian _ Pre1-imiuvtq/Final/Sherr-P1a-t _ Runa _. I-AtIE- 011lQw�' I l _ ACZ 1. We have no objections to this proposal. 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. We(can a$prove this proposal for: ow�w►un� XCxe-r sewage Interim sewage _Individual sewage and XCCentral water _Individual water _Community water well. 8. Plans for _Community sewage _Sewage dry lines, and _Central water _Community water must be submitted to and approved by the Regional Health and, Welfare Environmental Services Office. 9. Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. rA T I I CONSULTING MCC I T t R AND I I_t INC. ENGINEERS f ENGINEERS PHONE: AREA CODE 208-344-0676 327 NORTH 27TH STREET 0 BOISE, IDAHO 83706 Board of Directors Nampa & Meridian Irrigation District Nampa, Idaho 83651 Gentlemen: April 25, 1978IVA 44f4fg P� ,ss The following are our comments on the subdivisions which you submitted to us for our review: Wiener King Subdivision The Architect should submit an overall drainage plan for his complete development before any approval is given. This should meet Ada County Engineer's requirements as well as those of Nampa & Meridian Irrigation District. Hollbrook Subdivision The Subdivision does not show what changes are going to be made to the North Slough and does not indicate a drainage plan. The Developer is not using Nampa & Meridian water for irrigation. Plans show 5 lots to the acre. Sandalwood Subdivision Drainage from this subdivision will go directly into the existing 30" storm drain on Edna Street which ends up in the Settlers Canal. Developer is not using Nampa & Meridian water for irrigation. Plans show 3 lots to the acre. Linda Vista East #2 Drainage from this subdivision will go directly into existing 10" storm drain on Linda Vista Street which ends up in the Settlers -Canal. Developer is not using Nampa & Meridian water for irrigation. Plans show 5 lots to the acre. r Board of Direel'6rs Nampa & Meridian Irrigation District Amended Plat of Cherry Lane Village #1 Subdivision April 25, 1978 Page Two The easement for irrigation along the north side of Cherry Lane is not adequate for maintaining the Safford Lateral. The only satisfactory solution is to have the subdivider pipe this lateral until it turns north, or give Nampa & Meridian Irrigation District their recorded easement. A pipe has been installed in the Safford Lateral under Lauderhill Way. This pipe has been installed to replace a drop structure. This is very poor and should not be accepted. An hydraulic jump occurs in the pipe and will cause both operation problems and a hazard to the children. Cherry Lane Village #2 Subdivision The proposed new description for Eight Mile Lateral is not shown on the plat. This should be shown and a new description furnished to Nampa & Meridian Irrigation District. Retention ponds throughout the district appear to me to have very little value as they are now constructed, with the inlet and outlet pipe set at the same elevation. This should be changed to have the outlet above the bottom with an elbow or tee attached. If you have any questions, or wish further assistance, please do not hesitate to contact us. Yours very truly, William H. H. Tuller, P.E. WHT:KW yy t qa� C,© �► i P�018I��d 1 1�I 1 11010 Q I tiI' tooN �ea �i 4� C tz9 ca G� tit`s tz 4240 P. �d '09 "04 ct n° � 04 1 11 r. 0) 0) boy y �M f F j,1 a c (D cfi W° �•'° a"'. T {�^ eA t� 4 �Q o 0 () C. �1 w M , ys N i!] a•a Ry aJ � Spy �r �4 c� pr � m say R� W �i 7r o m �d e� o B3 ® ` 0 W, tom. td. a+• 9 I Q ate• is w a3 is 0, t,. b 1-i i F� S) ¢) 0) w W ci 0, $ q Q C11 dh w O S� W a9 ty a°g Cy (® p cP '.3 lD V U] c+ 0 N• Ut Cn 0 Id 0 ►9 11 ®en oa o n G N o ca �' sr a3 �i tsa �o ° �• k-� 0 �. n 0 :i N csr o h{ F,• 0) F' 0� O N cti* Sb to w• i� (D I-+ (p '4 `¢ ® FpHd�• CS 0 �' �• to �� "I e4 cP fy 0 e� N 0 n P. 0 Fwdco cq l ® oo CDC) 90 a�•N• , o-,• t� w• 0 0� cr aL° c•7t9 °o-9 E4 ® cP )�• .a r 0 0 07 • A d tj pi 0 CA ! .. ,•, �r rf 10 ti 44 P, o pi f3 0 y 0) pC to �} r Id IZ ,F � m � O 00 b fD H NK t a, U f9 O f ` RR� .o Id w Ion• 6i hi VZ oo, Gq Fal0 P. t7 ate+• i l N td 0 •� '; cA tj N c4 ►p 0 • w o CD H3 of ry W N H y 09 c P, .f Cg, N �5 v" P- (p QD a 4 a71 f •, `I n ca (D I ' t` o pi es �- Fd M +*r r BOARD OF DIRECTORS JOHN J GALE CLARENCE L GHARRING OTTIS PETERSON 1976 OFFICERS PRESIDENT CLARENCE L GHARRING VICE PRESIDENT OTTIS PETERSON SECRETARY OF THE BOARD & DISTRICT SECRETARY -TREASURER JOSEPH C VOIGHT ASSISTANT SECRETARY -TREASURER DAVID G OVERMAN WATER SUPERINTENDENT W DENNIS HEAPS ATTORNEY WILLIAM F RINGERT AUDITOR RAYMOND C GAMBLING ENGINEERS .CARTER & TULLER. INC. ORGANIZED 1904 1503 FIRST STREET SOUTH • PHONES: OFFICE OF THE BOARD 466-7861 344-8142 Nampa, Idaho 83651 SHOP (Superintendent) 466-0663 20 July 1977 City Council City of Meridian 716 Meridian Street Meridian, Idaho 83642 Gentlemen: At date of 5 July 1977 Michael Preston of JUB En- gineers appeared before a regular meeting of this District's Board of Directors in quest of approvals for Cherry Lane Village No 1 Subdivision. I was then instructed to notify the Ada County Commis- sioners "that the District approves the drainage plans but that, because no irrigation distribution system is planned for the subdivision, full approval of the plans are denied." At the regular meeting of this Board, held yesterday. I was informed that Ada County has no jurisdiction and to re -direct the Board's decision to you. cc Each Director Water Superintendent Michael Preston, JUB Ada County Commission File E ACRES 23,000 -40,000 ;r v r rail ii r ri e 4;; f io i owp3 excerpt from ,N4, aur` VV �f this Dis- �,rittl.i 4.:j4bmi S z C, 4 1 A a 0, m 4 ;ip o t ". ;t 4h a a t i a fit mus ef received frow Pl.r liar - r n 'af 'no t -is ta. k:t a(;c#ptatIe;. Peterson -iv -mi cif changes 4a plans Nr iaarry V ills -C 01 and approval fcr ;;.nerry Lane Village #49 Sub - i V ---n b I I s.,,4 c r ez, v i & w of prepos ed uer cs L rac t i Oil �y lel Scit"mit Steended this i 1. 4 d .44 1 t 'I o mnu S y IL- C r Of 44�.,a "Aty Paul White White -Riedel. Realtors P.O. Box 7386 Boise, Idaho 83707-7386 Re: 1.,af _Z W e,m-Ac." z Dear Paul: 0 • CHERRY LANE DEVEfAPMENT P.O. BOX 2212 BOISE, IDAHO 83701 0,40) We are pleased to advise you that your house plan submitted to us for a residence to be constructed on the above referenced lot (s) in Cherry Lane Village has been approved as to conformity and harmony of external design with the existing and planned structures in the development, with the following conditions: Subject to: Colors 19aroYard Lights , 1340C r\ Mailboxes w/ W Ro u G htl- rleo/v S r/fti D S � QCV ELc �'E2 � j �iVSTi4�L This approval does not constitute a waiver of any of the specific require- ments as set forth in the Cherry Lane Village Protective Covenants. It has been assumed that the Plan (s) comply with all of the specific requirements set forth in the Cherry Lane Village Protective Covenants, and this letter is not to be interpreted as approval or authorization of any violation of any of those specific requirements. 'If setback requirements are waived, set- backs -.must be in conformance with any city, county or any other governmental agencies that have requirements. It will be the Buyer.':s responsibility to obtain such approvals, bu+ r'f a 4ue4hv: &q fieaA +6tiWa — .1,-2., Q -Z CLQ• - JArie {dA, avrtiacrnuM► reu.r Pf�°v' 1,,,;r� G�Sf �¢et A-.& -Ax A L.G. it++�&J .S IZ�C,12',f4., Ma/J•, Sincerely, �NaL �-j 4vk_- `�+E ���►,u IZrra s.2 #�. as *-a,*X-d ARCHITBCZURAL CONTROL COMMITTEE BY: DATED: 1 1.Buyer has received a copy of covenants for Cherry 'Lane Village. 2. Buyer to submit 2 sets of plans & site plan before start of construction to the Architectural Control Committee. 3. Buyer is aware that the fencing has to be approved by the Architectural Control Committee and is different than the City of Meridian requirements. I '73 363 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING CHERRY LANE VILLAGE No. 1 SUBDIVISION I WHEREAS, NuPACIFIC COMPANY, INC., an Oregon corporation hereinafter referred to as "Declarant", is the owner of certain real property situatod in the City of Meridian, State of Idaho, known as Cherry Lane Village, and i I WHEREAS, Cherry Lane Village No. 1 Subdivision is a' duly recorded plat; and WHEREAS, the Declarant desires to declare of public record certain protective covenants, conditions and restrictions upon the ownership of real property: NOW, THEREFORE, in consideration of the foregoing, the Declarant does hereby declare that the following protective cove- nants, conditions and restrictions: • I 1. Shall become and are hereby made a part -of all conveyances of Block 1, Lots 1 through 3 inclusive; Block 2, Lots 1 1 through 10 inclusive; Block 3, Lots l through 23 inclusive; Block 4, Lots 1 through 17 inclusive; Block 5, Lots 2 through 51 inclusive; Block 6, Lots 1 through 10 inclusive; Block. 7, Lots 1 through 8 i inclusive; Block 8, Lots 1 through 12 inclusive; Block 9, Lots 1 through 10 inclusive; within the plat of Cherry Lane Village No. 1 Subdivision, recorded on the ,27 day of :Ta auclry , 1978, in Book 44 of Plats at Page(s) 3537- 3 537 of the Records of Ada County Auditor, Ada County, State of Idaho; and, i 2. Shall by reference become a part of any such convey- ances of whatever kind and shall apply thereto as fully and with the same effect as if set forth in full therein. v • 373 • 364 ARTICLE I DEFINITIONS 1.01 "Declarant" -shall mean the NuPacific Company, Inc., an Oregon corporation, its successors and assigns. 1.02 "Owner" shall mean the owner of record, whether one or more persons or entities, of a fee simple title to any lot, or multiple family dwelling unit, which is a part of Cherry Lane Village No. 1 Subdivision, including contract sellers. 1.03 "Cherry Lane Village" shall mean all real property now and hereafter contained in the plats of Cherry Lane Village No. 1 Subdivision. 1.04 "Lot" shall mean plats of land designated for residential use within Cherry Lane Village No. 1 Subdivision and identified on the plats thereof by Arabic numerals. .1.05 "Golf Course" shall mean all real property now and hereafter contained in the Cherry Lane Village golf course. 1.06 "These covenants" shall mean the Protective Covenants Conditions, and Restrictions as set forth in this - Declaration with respect to Cherry Lane Village, together with the Architectural Control Committee rules as set forth in Article IV hereof, as the same may be amended and supplemented from time to time in accordance with the provisions of this Declaration. ARTICLE II PROPERTY -SUBJECT TO THESE COVENANTS 2.01 Initial development. Declarant hereby declares that all.of the real property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The'above property together with other real property from time to time annexed thereto and made subject to these covenants shall.constitute Cherry Lane Village. -2- • • ;i73 ' 365 2.02 Annexation of subsequent phases of Cherry Lane Village._ Declarant may from time to time annex to Cherry Lane Village any adjacent real property now or hereafter.acquired by it. The annexation of such additional phases of Cherry Lane � Village shall be accomplished as follows: i A. The Declarant shall record a declaration which shall be executed by Declarant, and shall, among other things, i describe the real property to be annexed, establish any additional or different limitations, restrictions, covenants and/or conditions which are intended to be applicable to such property, and declare that such property is held and shall be held, conveyed, hypothe- cated, encumbered, used, occupied and improved subject to these covenants. B. The property included by any such annexation shall thereby become a part of these covenants. C. Notwithstanding any provision apparently to the contrary, a declaration with respect to any annexed area may: I 1. -Establish new land classifications and such limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the develop- ment of the annexed property; and 2. With respect to existing land classifications, i establish such additional -or different limitations, restrictions, covenants and conditions with respect thereto as beclarant may r deem to be appropriate for the development of such annexed property. ARTICLE III RESIDENTIAL COVENANTS 3.01 Land use and buildin tvoe. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one ! detached single family dwelling (with the exception of those lots -3- r X73 366 specified as duplex lots) not to exceed two and one-half •(1-1/2) stories in height, -and a private garage for not less than two cars. The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, private swimming pool or a shelter or port for thA protection of such swimming pool, or for the.storage of a boat and/or camping trailer kept for personal use, provided that the 1pcation of such structure is in conformity With the applicable municipal regulations,. and is compatible in design and decoration with the residence constructed on such lot, and has been approved by the Architectural Control Committee. The provisions of this section shall not be deemed to prohibit the right of any homebuilder to construct residences on any lot, to store construction materials and equipment on said lots in the normal course of construction and to use any single family residences as a sales office or model home for the purposes of sales in Cherry Lane Village. 3.02 Dwell_size. The ground floor area of a one- story dwelling, exclusive of open porches and garage shall be not less than 1250 square feet. = In the case of a two-story dwelling, the lower or ground floor level shall be not less than 1000 square feet. In the event of a multi-level dwelling, the area of the one-story portion and•the area of the upper level of the two-story portion shall constitute a minimum of 1300 square feet. A split entry or -Split foyer type.home and a daylight basement home shall have a main floor area of not less than 1000 square feet. With regard to duplex units, each side shall have not less than 960 square feet. Further, with regard tb duplex units, each unitshall have constructed a garage for not less than two -cars, unless otherwise approved by the Architectural Control Committee. -4- �1 • 373 ' .367 � 3.03 Building setbacks. No building shall be located i on any lot nearer than twenty-five (25) feet to the front lot line; nearer than twenty-five (25) feet to the rear lot line, or nearer than five (5) feet to a side lot line, on corner lots the side yard shall be a minimum of twenty-five (25) feet on the side abutting the street. Such building setbacks shall be in effect with the exception of the following: A. All odd numbered lots as designated on the plat in Arabic numerals, and with the exception of odd numbered cornered lots, shall have a front setback of at least thirty (30) feet unless specifically waived in writing by the Architectural Control Committee. All odd numbered corner lots shall have setback restrictions as set forth in Section 3.03 above. B. For the purposes of setback determinations, all lots which are bordered on one side by a public street and on an adjacent side by a cul-de-sac shall be considered corner lots. C. All lots which have a common.lot line with the golf course shall consider such side as the rear yard and therefore no structure shall be located within a thirty (30) foot rear yard setback of such lot line, unless specifically waived in writing by the Architectural Control Committee. The Architectural Control Committee, upon application, may in its discretion waive any violation of this subsection which it finds to have been inadvertent, provided the same would •not constitute a violation of local governmental ordinances. 3.04 Easements. Easements for installation and main- tenance of utilities and drainage, and irrigation facilities are reserved, as shown on the recorded plat.. Within these easements, no structure, fence, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may -5- 1 0 x:'73 ' 368 0 change the direction of flow of water through a drainage channel in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Easements to permit access for the standard play of golf during regular daylight hours on the golf course adjacent to the lots which are subject to these restrictions are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over and upon such lots, the usual and common noise level created by the playing of the game of golf, together with all the other common and usual activity associated with the game of golf. 3.05 -Temporary structures. No structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent. 3.06 Irrigation. In accordance with the provisions of Idaho Code, Section 31-3805, the Declarant assumes no respon- sibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: A. That irrigation water deliveries have not been provided by the Declarant; B. That the purchaser of the lot must remain subject to.all assessments levied by the irrigation entity; C. That the purchaser shall be responsible to pay such legal assessments; D. That the assessments are a lien on the land within -6- 373.369 the purview of the irrigation entity and as provided for by law; and E. That the Declarant is not now, nor will it be in 1 the future, responsible for the maintenance of any existing or future irrigation systems, canals, or pipe, either running through Cherry Lane Village or any individual lot. 3.07 Fences. No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. Chain -Link fences are hereby prohibited on any residen- tial lot, except where required by the Declarant or any public agency in -order to secure utility sites, irrigation or drainage facilities or other public use as deemed necessary. Hedges or other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences, provided, however that no such fence or hedge shall be permitted along the front of a lot or dwelling structure. -Both fences and hedges located on the lot lines in common with the golf course shall include -a gate for means of= access to and from the golf course and shall be erected directly on the lot line, and all fencing shall be of a grape -stake design and construction. No fence or hedge intersecting a lot line which is in common with the golf course shall exceed six (6) feet in height. 3.08 Offensive activity. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or a nuisance to the neighborhood. 3.09 Business and commercial usos. .No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot, nor shall any goods, equipment. -7- 1� 7 0 373 3-70 vehicles, materials•or supplies used in connection with any trade, service or business be kept or stored on any lot, excepting the right of any homebuilder and the Declarant to construct residences on any lot, to store construction materials and equipment on said lots and the normal course of said construction, provided, however, that nothing in these covenants shall prevent the Declarant, or any assignee, from the construction of and the normal business conduct connected with a clubhouse, professional golf shop, country club, and/or related facilities, as a part of the golf course. 3.10 Signs. No sign of any kind shall be displayed to the public view on any lot or improvement, except one professional sign of not more than six square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the owner, or placement of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to signs used by the builders during the construction and sales. 3.11 Parking. Parking of boats, trailers, motorcycles, trucks, truck -campers and like equipment shall not be allowed on any part of any lot or on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a screening fence or shrubbery which shall in no event project beyond the front walls of any dwelling or garage. i 3.12 Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. 3.13 Trash or rubbish. No lot shall be used or main- tained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and out of public; `I view. All incinerators or other equipment for the storage or ! 1 ' • i Z.73 3'71 disposal of such materials shall be kept in a clean and sanitary • condition. y \ 3.14 Construction completion. Construction of any } dwelling shall be completed including exterior decoration within ,+! - eight (8) months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines., weeds, debris, and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 3.15 Landscape completion. All landscaping must be completed within ninety. (90) days from the date of occupancy of the residence constructed thereon. However, all lots abutting . .r the golf course must be sodded and such sodding must be completed within forty-five (45) days of the completion of the residence, unless otherwise approved in writing by the Architectural Control S Committee. In the event of -undue hardship due to weather condi- tions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Control Committee. 3.16 Antennas and service facilities. Exterior antennas shall not be permitted to be placed upon the roof of any structure - a on any lot so as to be visible from the street in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. ' 3.17 Trees. Each builder, or property owner within forty-five (45) days from the date of final -yard grading of the residence, shall plant at least two 1-1/2 inch caliper, five gallon ornamental trees adjacent to the street right-of-way in the front yard. In the case of corner lots such trees shall be planted so that each side fronting on a street contains at least one tree. Such trees shall be placed in a manner equidistant from each other and from the adjacent lot lines, unless otherwise approved in' writing by the Architectural Control Committee. -9- 373372 3.16 Water supply. No individual water supply system shall be permitted on any residential lot. 3.19 Exterior finish. The exterior of all construction on any lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within Cherry Lane Village. Exterior colors shall be of the flat, non -gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Archi- tectural Control Committee in accordance with the provisions of this Article. Exterior trim, fences, doors, railings, decks,. eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 3.20 Roofing. Only shake or tile roofing shall be used on any structure constructed on a lot unless approved other- wise in writing, by the Architectural Control Committee beforehand. 3.21 Yard lights. Upon completion of a residential . structure a yard light shall be 'installed in a location not more than seven (7) feet from the inside of the sidewalk, and adjacent to, the driveway of such premises. Said yard light shall be of a standard six (6) foot height and the location and type shall be shown on all plans for construction of each particular structure, and be.subject to approval, as submitted to the Architectural Control Committee pursuant to 54.04 herein. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE 4.01 Membership: appointment and removal. The Archi- tectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, not less than three, as the Declarant may from time to time appoint. Declarant may remove any member of the Committee from office at any Limo, and may appoint new or additional members at any .time. Declarant -10- 0 :i73 373 shall keep on file at'its principal office a list of names and i addresses of members of the Committee. The powers and duties of such Committee shall cease in one year, or prior at Declarant's sole discretion, after completion of construction of all the single family dwellings, and the sale of said dwellings to the j initial owner/occupant on all of the building sites within Cherry Lane -Village and properties subsequently annexed thereto. 4.02 Procedures. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin I the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. I 4.03 Action. Except as otherwise provided herein, any two members of the Architectural Control Committee shall have power to act on behalf of the Committee, without the necessity of meeting and without the necessity of consulting the remaining I members of the Committee. The Committee may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 4.04 Approval of plans by Architectural Control Committee. No building or structure, including swimming pools, animal runs I and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications, and a plan showing the nature, shape, height, materials, colors, together with detailed plans showing the proposed location of the same on the particular building site have been submitted to and approved in writing by the Committee. All plans and specifications for approval by the Committee must be submitted at least twenty (20) days prior -to the proposed construction starting date. f 4.05 Nonwaiver. Consent by the Committee to any. matter proposed to it and within its jurisdiction under these M -11- I 74 covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. / 4.06 Liability. Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder or Decla- rant for any damage, loss of prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance j with the actual knowledge possessed by him, acted in good faith. ARTICLE V GENERAL PROVISIONS I 5.01 Term. These covenants shall run with the land f with respect to all property within Cherry Lane Village and any subsequently annexed properties and shall be binding on all parties and all persons claiming under them until amended or I evoked in the manner•provided in 55.08. 5.02 Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any I of the other provisions which shall remain in full force and effect. In the event the provisions of these covenants are declared void by a court by reason of the period of time herein - stated for which the same shall be effective,• then in that event such terms shall be reduced to a period of time which shall not violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. 5.03 Standing. Should any person violate or attempt to violate any of the provisions of these covenants, the Declarant, -12- ,1\ 373 ' 375any other person or persons owning real property embraced within the plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover damages sustained by reason of such violation. Should the Declarant employ counsel to enforce any of these covenants, conditions or restrictions, by reason of such' violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of sych lot or lots and the Declarant shall have a lien upon such lot or lots to secure payment of all such accounts. 5.04 Effect of breach. The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. 5.05 Delay. No delay or omission on the part of the Declarant or the owners of other lots in the properties in exer- cising any rights, power, or remedy hereinprovided, in the event of any breach of the covenants, conditions, or restrictions hereincontained, shall be construed as a waiver thereof or acqui- esence therein, and no right of action shall accrue or shall any action be brought or maintained by anyone whatsoever against the Declarant for or on account of the failure to bring any action on account of any breach of these covenants, conditions, or restric- tions, or for imposing restrictions herein which may be unenforce- able by the Declarant: -13- . • 173 :376 5.06 Extent of remedies.• These covenants, conditions and restrictions, are cumulative, and all remedies provided herein for breach are in addition to any rising remedies provided by local or state laws, and not in lieu thereof. 5.07 Approvals. Approval by a city or county governing board, vested with the responsibility of reviewing planning and zoning having jurisdictions over this subdivision, of an appli- cation made by the Declarant which is in conflict with any cove- nants, conditions or restrictions of these Covenants shall in no way affect or invalidate these Covenants, but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation hereof, subject to the right of the Declarant to change the land use designation as provided in Article II herein. 5.08 Amendment and repeal. These Covenants or any provision' thereof, as from time to time in effect with respect to all or any part of Cherry Lane Village No. 1 Subdivision may be amended or repealed only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment which is signed by the Owners of not less than seventy- five percent (759) of the Lots. IN WITNESS WHEREOF, the Declarant caused its corporate Vice name to be subscribed by its corporatePresident secretary this 20th day of March ,' 1978. NuPACIFIC COMPANY, INC. By_�. -14- STATE OF OREGON )' ss. County of MULTNO14AH ) On this day personally appeared before me, Leland H. Ascher and M. L. Currin , to me known to eft a aT—vvnua s descrIbed Herein Nn w'ho executed the fore- going instrument for NuPacific Company, Inc., and acknowledged / that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 20th day of March 1978. • •1•..,1.1••'•• ���r •C'.s /. .9JK/✓/•�CG•.�:JZ� Notary,.Public in and for the State of Oregon , Residing at: Portland My commission expires: 6/22/80 After recording, return to: _ NuPacific Company P. O. Box 1847 bullevue, WA 98009 SIAR U1 1PA110. COUNTY OF AUA. •(,h1 �7 ril•d ttt :awtd at 11m nqu^:1 r' 41u.dia. Pam IV0,02tk /i (: !A'. .'J' `D.''a.I. "'i. Or� f .dtiJh f�^K�C� jt••t . -ls- Meridian City Hall June 18, 1979 Meeting called to order at 7:32 P.M. by Mayor Glaisyer. Councilmen present: Williams; Bodine; Kingsford; Brewer. Others present: Bruce Stuart; Roger Welker; Vern Schoen; Norman Fuller; Chuck Fuller; John Matzinger; R. B. Glenn; Earl Ward; Michael L. Milhollin; Steven W. Hosac; Lowell Knox Denny; Milt Denny; H. Ei' Houst; Duane E. Johns; Marilyn Olmstead; Wayne S. Forrey; Roy Johnson; Joe Osier; Gary Smith; Roger Sherwin Minutes of the previous meeting were corrected and approved as follows: Agenda 1 Crestwood Centre Valley Rezone strike "Williams, yea". Mayor Glaisyer had abstained and had turned the floor to Williams, President of the Council. Agenda 1 Crestwood Estates #3 Final Plat - S.E. Intersection of Linder & Franklin. R. B. Glenn, Crestwood, Inc. and John Matzinger CTM, were present, representing Crestwood Estates #3 Final Plat. Matzinger stated that they request City Council approval of the Plat subject to the final Engineering drawings and call attention to the fact of a late start they would be completing the first 40 units. Williams stated the naming scheme of streets in the City of Meridian has not changed from what it was previously. Kingsford reported his investigation on street naming with APA, Laurel Davies. He stated that street name changing to Ada County Ordinance would create a financial hardship on developers having to change Plats. Davies stated that this would be agreeable for the City to stay as we were. Streets north and south; Avenues east and west; Numbers on north and south; Names east and west. Smith, J -U -B Engineer, had one comment on construction of Centre Valley Road out to Linder. Matzinger statedit will be done. Matzinger stated that the whole proposal will be platted but there would be a breakoff for construction. The Motion was made by Kingsford and seconded by Bodine that Crestwood Estates #3 Final Plat be approved with condition of Sewer and Water plan review; landscaping; Crestwood Drive through to W. 12th St. to Linder St. . Matzinger stated that landscaping will include a "birmed affair" along Franklin. 40 Townhouse Units; 53 0' lot line residences and 5 single family. Motion Carried: Bodine, yea; Kingsford; yea, Brewer, yea. 'President of the Council, Williams turned the meeting back to Mayor Glaisyer. Agenda 2 Cherry Lane Golf Course Conditional Use for Restaurant Nita Lovan represented. ///0 Public Hearing was held. There was no comments from the public. The Motion was made by Kingsford and seconded by Bodine that Cherry Lane Golf Course Restaurant Conditional Use be granted with the stipulation that closing hours be one (1) hour after dark. Motion Carried: Williams, yea; Bodine, yea; Kingsford, yea; Brewer, yea. Before Planning and Zoning 4-9-79 Councii 6-X18-79 Comment Item `3 2040 Interlachen Way Meridian - 888-4080 -OW04- Cherry Lane Village Conditional Use Restaurant Planning & Zoning tabled Conditional Use Permit 4.9.79 Planning & Zoning Tabled Conditional Use Permit 5.14.79 (No representation) PR recommended approval to Council with stipulation to close 1 hr. after dark 6-14-79. Council Approved, with stipulation closing housrs be one hour after dark. 6-18-79 NOTICE OF PUBLIC HEAIf�NG r ' . .��..nr. U ��rr. # A 7i, i , L •J `{i,l;, �' �/ ;{ X ,�1pr I e411 NOTICE$ HER�T'EN{,+ureuant to the Or�na � �A C,t of Meati -din e la.�ts of the State of e, ,:�a r ' F hearing before the' P1 Rillig & ` zon ng Coromis 3 n wi th®..City Hall in t : *C. ,ty o .,,.Meridian, at, the :-hour +fin Mt nd ;, April. 9;, 19 9,' and before is ty M t ' the Cit of Meeidi�A rpt, frhe -City EM11 in the '.Ai.�'w at the ha►ur of 7s"3fiY P.ikt., "on MendaY, April 16, 1 79, he had pttrpo$e""`of issuing'. a 0.- ditionh1 'Use . nit to: Cherry Look Recr+at�:on, Inc. , cri loot 3, SIESck 9, Cherry Lane Villa n Ida Co -t Idaho, f �r . a res '� k' r dvi; y, ' Any eid a l zt�ee�fied parti+e ..shah. be heard -ircheduled hearing: Dp;i This nth day of March, 1979. r� City 41 d ri k J{ t t t �y♦� � zF4y e rai r h R. " d rti t0 •sy .{ o- . x 14 r , t ;' Y i t Y; =14 :.i 1'_ '`s,. 'AJia+.y,,rl,. .1'"".'t�.•.,��W...•-:��.ayF st'. UW "m1', AMBROSE.7� FITZGERALDCROOKSTON XAy :ATTORNEYS AND d~ .r .•.,+ - / COUNSELORS 'CI .; 12WIKAST FIRST . ; - • - d MERIDIAN..19AN0 A8142 Sr Te4tPHONE888.4481 4 2 o, - - - _ eridian Planning and Zoning .2 April 9, 1979 Agenda Cherry Lane Village Golf Course Restaurant 3 No one present representing the Conditional Use request. The Motion was made by Annette Hinrichs and seconded by Lee Mitchell to table the Conditional Use Permit request for the restaurant at Cherry Lane Golf Course. Motion Carried: All Yea Sharp instructed that a letter be written inquiring why they were not represgnted, what type of facility they are going to operate, anticipated offic6`,hours and``how, they are going to make this compatible with the residential. genda 4 Shopping Center - 1616 MeridianStreet Hank Houst No one present representing this proposal. The Motion was made by Mitchell and seconded by Orton to table the Shopping Center proposal by Hank Houst at 1616 Meridian Street. Motion Carried: All Yea Sharp instructed that a letter be sent instructing the representative to inform this Commission within ten days if they wish to be placed upon the Agenda. Revised Preliminary Plat Glennfield Manor- North of Cherry Lane on Linder ,Marilyn Olmstead, J -U -B Engineers, was present representing Glennfield Manor Olmstead explained the changes of lots opening onto Linder. They have added seven (7).', lots, a through street and have approval of_ACHD. Orton stated that he liked the change in the road mat. The Motion was made by Hinrichs and seconded by Mitchell to approve the changes as requested on the Preliminary Plat Glennfield Manor. Motion Carried: All Yea Davis Morgan, Chastain and Stewart Discussion ion of Property on Fairview Avenue Clarence Morgan stated that their request for annexation had been before Planning and Zoning and were not sure why they were present at this meeting. The Motion was made by Mitchell and seconded by Orton that Davis, Morgan, Chastain and Stewart Annexation request be recommended to the City Council as before. (10.9.78 recommended Annexation as "C" Commercial) Motion Carried: All Yea First Security Bank Building - Design Review Located Bodine N. Curve (Original H.School (Annexation No one was present representing proposal. The Motion was made by Mitchell and seconded by Hinrichs to table the First Security Bank Building Design Review request and request drawings of what is proposed. Motion Carried: All Yea Char -'lies Catering - 101W. Pine Street Charlene Smith was present representing Conditional Use Permit for a proposed catering service. Smith stated that discussion was needed for pre -negative input. There was discussion concerning parking. Smith stated there would be at least 20 parking spots on their lot and presented a letter to the School Board of Trustees for additional parking on the School property directly across from their site. leridian Planning and Zoning Commission May 14, 1979 Chairman Don Sharp called meeting to order at 8:05 P.M. Commissioners present: Ric Orton; Lee Mitchell and Annette Hinrich Others present: Lowell Knox Denny; Milt Denny; Wayne Forrey; Larry Sale; Erik & Carole Gabrielson; Marilyn Olmstead; Kenneth Olsen; Leroy Atwood; Lila Wilch; Neale Messick; Don Gile; Charlene Smith; Arlo Nelson; Delbert Madsen; Roger Allen; Duane E. Johns; Jerry J.; Ken Marema; Hank Houst; Mike Cornia; Elmer Merele; Ronald Byran; James Smith; Dean Briggs; Barbara Gile; Michael Milhollin; Alvin Marsden; John Matzinger; Winston Scott; David Wilcox; James Weast; Eugene Quenzer; Verl King; Earl Harmon Minutes of previous meeting were approved with correction to Agenda 2, 4-Plex Design Review - 805 W. 4th Street "that density was noted to be over the Comprehensive Plan Density of 15 units per acre" Commission suggested that this be dropped to 3 units per acre. The Motion was made by Orton and seconded by Hinrich that the minutes of the previous meeting with correction to Agenda 2 be approved. Motion Carried: All yea The Motion was made by Hinrich and seconded by Mitchell the Design Review of First Security Bank Building on the corner of Cherry Lane and East First be brought from the table and terminate consideration. Motion Carried: All yea lenda A Cherry Lane Village Golf Course Restaurant - Conditional Use No representation and left upon the table Benda Columbia Village Preliminary Plat 1 Arlo Nelson was present representing Columbia Village Preliminary Plat. Nelson was back before Planning and Zoning with changes. There was a recommendation to reduce density and the extension of 5th Street and this has been done. The density is 10.4, four of the units have been removed and there is a place of a small park in this area. Nelson stated there is a storage area included; redesigned for a circulation pattern for the Fire Department; not a Farm Home project but financing through FHA or VA There are now 4 units per building, 1 to 1 ratio on covered parking. Sharp inquired about access. Nelson explained 464 trips total and with 60 foot wide street felt it would not be overloaded. He stated that E. 5th Street shows all the potential of being a collector Street and had obtained a letter from the area neighboring to the North agreeing to a pattern for E. 5th Street. There was discussion. The Motion was made by Hinrich and seconded by Mitchell that Columbia Village Preliminary Plat be approved. Motion Carried: All yea ienda 2 4-Plex Design Review - Mark Hopkins Mark Hopkins was present requesting a 4-Plex in West View Addition on W. Idaho. Hopkins stated that the density would exceed the Comprehensive Plan but since this was located in a 4Plex neighborhood and same sized lot that he was not asking too much. The lot is 75X120 which is consistent with the other lots. Density would be 19. Hopkins stated he planned a Boise Cascade 4-Plex and landscaping. Plans were approved by VA. Orton inquired if Hopkins would consider a Tri-Plex. Density 14.2. Meridian Planning and Zoning .2. June 14, 1979 The Motion was made by Mitchell and seconded by Tewksbury that they recommend to City Council approval of Meridian Greens Unit 1 Final Plat, with the stipulation that Lot 1 of Block 4 and Lot 5 of Block 1 and the Golf Course be correlated with original concept plan. Motion Carried: All yea. Agenda 4 Cherry Lane,Village Golf Course Restaurant Conditional Use. Nita Lovan requested the Restaurant Conditional Use. There was discussion as to the extent of use and the keeping with the residential atmosphere. Lovan stated the facilities allow only a "snack bar" type, hours are not late and this is a temporary use until the Club House is built. The Motion was made by Hinrichs and seconded by Mitchell that the Cherry Lane Village Golf Course Conditional Use be recommended to Council for approval,with the stipulation that the closing hour be one (1) hour after dark. Motion Passed: All yea. Agenda 5 Jensen and Lampe Annexation - Located Blackcat and Cherry Lane. Gene Wright, J -U -B Engineer, was present, representing Annexation request. Wright explained that Parcel 1 and 2 had been approved by Planning and Zoning December 11, 1978, but Parcels 3, 4 and 5 tabled. There had been objection from neighboring owners. The Parcels tabled were needed to carry out concept of Cherry Lane Golf Course. Wright explained the parcel needed to expand the Golf Course was contingent upon the sale of the other two parcels that,they really didn't need. "It was the whole thing, or nothing." All parcels needed to be developed together. There would have to be a lift station. Wright offered to contact the enclave neighboring property owners again as to their desire to come into the City. The Motion was made by Mitchell and seconded by Tewksbury to pass Jensen and Lampe Annexation Parcel 3, 4 and 5 request on to the City Council without recommendation with the stipulation to contact the two 5 acre parcel owners and encourage their annexation. Motion Passed: All yea. Agenda 6 Arnie Subdivision Preliminary Plat - Located in Stutzman Annexation - E. Pine. Neale Messick was present, representing this proposal located on W. Pine. Messick presented the Commission with copies of a list of signatures of neighbors in all directions expressing their approval of Retirement type homes at this location. One living unit on each lot, 13 units in total. Price range 38 to 40,000. Square footage - 1,000; 1 bedroom; single car garage or carport depending on preference of the buyer; everything back from garage will be fenced; each unit has their own privacy yard. Parking would be provided for 2 cars and in some cases 3, to allow for visitors. Irrigation ditch will be tiled. Units are 24 to 26 feet wide. Five foot easement given for green belt along Five Mile Creek. Messick stated they would like to maintain the E. 6th St. as a private drive. They did not wish for any type of low cost housing to be able to design off of that street. He requested the concept approved, subject to maintaining a private street. The Motion was made by Hinrichs that they would recommend to Plat subject to resolution of the street problem with the City Council, specified by the Department Heads. The Motion died for lack of a second.