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Home My WebLink AboutSunnybrook Farms Project FilesQctober ii q 199._ ~.~~~~~~ N 0 V - ~ 1993 Sunnybrook: Farms Association Mrs. Tina Morris 888-.3398 ~ C1T~' ®~ SRI®IAN ^511 West Chateau Meridianp TD S_,~4^ ~ Dear Esoard Members q This letter is a request that action be taken on a particular problem in back: of our propertyq namely the WATER CAhIAL AhfD ACCESS FiOADq that once was used by the farmers, and because of all the. new developments that have come in, is no longer applicable. Legal description of 'our propertye X181 Ma:;ie F1ace, Lot ~? - Dll~:. 9q Sunnybrool~; Farms #4, Parcel _8•_~-44•=.. We are in a "Limbo" state with the canal and back: road. We do not stillA Leven after other developments in area do), have any claim to this area. The area is given little and na care. Even if your records show any one doing something to this areas let me paint the real picture. We had to drive from another state to oversee these problems, and after several phone ca11s, we had to take matters in our own hands and cut the weeds in the immediate area ourselves. I would think: this is a problem fior several other property owners as wellq as the weeds blow onto their yards even if they are not directly effected by having them right out their back: window. Some time in the future, we are toldq the canal will be covered overq and the back: road wi11 become part of our already e.;isting property. •- The problem becomes most acute in our circumstances as we are absentee ownersq and tacit t{-,e property out. We hesitated in doing anything to upgrade our yard for a few years in hopes this particular problem would be resolved, but such is not the case and as a result we are suffering fiinancial lost and deep frustration. This summerq out ofi consideration for our neighbors, we put down sodq sprink:lersq and trees, and also provided lawn and tree service„ (so we are assured this maintains the 1eve1 that we left it) . With all this added e.;pense we needed to take out a ~= qc:~e=~~=~ loanq in hopes that we might be able to recoup some of this by renting the praperty out at a higher rate. w - i - Wellq now we find out that it is very hard to rent out this property to families with children because of. the e:;isting danger of one of them falling in the canal. Other prosective renters are put-off by the weeds, mosquitoes, and general all-round lack: of an•y concern on the parts of those who are contracted to keep the area maintained. • We are out of money and resources9 and feel it is foolish to prematt..trely put up a fence. So we plead our' case to you. What does it take for someone to understand that this is a real problem for someone like us? Why not cover over the canal? Yot_t do it with any of the new developments that border this canal. Why not than give us the road to maintain? and you then don't have to deal with hearing from some•of us any more. The farmers certainly are leaving, and therefore, the property owners have a legitimate Clain to this area. T need to remind you that while yoct are doing some of the other places„ please do ours too. Tf not I wi11 have to begin ta~:ing more unpleasant means to get this matter taken care of, something that I hope will not be necessary. Tf there is not any resolution of this in the ne:•;t si:; months, when the ne;;t new renters are due, so that we can up our rentq I will be seeing you in person comple•~e with legal counsel. So please be advised, and update me on the progress of this development, as T wi11 begin seeking some kind of action within the ne:•;t few week:sq if there is no immediate action taken in this matter. Tt••iank: you for reading this letters and hopefully for taking some kind of definite action. We are losing at least ~1bG a month with this problem, and will need to start tak:ing some kind of more definite action, if someone does not acknowledge this problem and do something abot.tt it. Sincerely„ Terre a Clay Shoemaker 1.4i Wellesley Crescent #^t::b ~iedwood City„ CA 94i_:b:' ,~ ( - .~ _ ~. .~ ;j -~ .. ~} .;.. ,. , . ` ~ o 0 ~ f i __ ._. i i i i 1 i~ l ~` t k f 1 r i f i Pr ., `a z E • / II~t `~• NINE MLLE CREffK @}D/ 1 ,, `~ '6~' 1L~1.ATTED qp~1 = Ir j ~p ~ t] IUJDER R9AD $~ 3 ~ V i p ^z 0 ~~ H ~~3 H~ Sm= Q~ ~~R§~2'a~e€ aesB~§~ooE Sm v y9f Z 2 9~.. 4 .g_ig aon p8p h ~ +~8~ ~ 3.$ goo L e~ . Q ,a ' HUB OE TIZEASURF_ VALLEY' I ~ ~ j' A Good Place to 7~ive 4: OFFICIALS ~~ '' ` LAWANA L. NIEMANN, City Clerk ~ ~ ~ ~ A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chlef of Police 728 1Vieridian Street BRUCE D. STUART, Water Works Supt. 1VIERIDIAN IDAHO JOHN O. FITZGERALD, Attorney , 83642 ROGER WELKER, Flre Chlef EARL WARD, Waste Water Supt. Phone 888-4433 JOSEPH I.. GI.P.I~Y~R Mayor ~'October~ ~2, :' ~J981 Idaho Power Company Attention Jim Grant P.O. Box 425 Meridian, Idaho 83642 Dear Mv'. Grant; Re: Sunnybrook Farms Subdivision COUNCILWIEN RICHARD C. WfLL'AMS GRANT P. Klti'~;SFORD BILL BREWER RICHARD F. CRTuIti, JR. DONALD L. S!-;ARP Chairman Zoning rk Planning Enclosed please find the Map Layout for SUNNYBROOK FARMS SUBDIVISION The City of Meridian Police Department has provided a general location for the request by the City for placement of street lights for. this Subdivision as follows: 2541 Rel~ee~ca Way 2591: Rebbed'ca Way 2675 Rebbecca Way-1963 Todd Way 2091 Todd Way 1632 Todd Way 1762 Tood Way 1833 or 1851 Todd Way 2555 or 2551 Misty Drive 1961 Marianne Place 2551 Tracy Place 2613 -2615 Rebbecca Way 1915 or 1945 Krjrsten Way 2031- or 2043 Kristen Way 2002 Kristen Way 2084 Leanne Court Total Lights unless advised otherwise by the Idaho Power is 15 Lights same as installed in Glennfield Manor. For the Mayor end City Council, ...,,~' ~~~r~~~ ana L. Niemann City Clerk pc: File ~ f r• ' 1PPLIOATION FQR SUBDMSION APPROVAL Meridian Planning do Zoning ~o~i.asion Applications moat be presented at C1ty Hall by the Second Monday of the Month Sor Planning ~ Zoning . ~ .. • -.. - - ii . _ I. CIIVF.RAI. INFOF~+tATICfl~t Cr JAN 9 1978 ng Iatormation Sunn Brook Farms Proposed Name of Subdivision 1/4 Mile East of Ten Mile & between Ustick & Cherry Lane Roads. Loca gal escriD ption - Attach iZ D.L. Potts 515"East 42nd, Boise 377-4425 T.ornv Rran~it '10$5_ _$_piith Tan Mi 1 e $$$-3994 (Owner (s) oP Record) (Name) ~•relepnone tvo., • Address Max Boesiger MABCO, Inc. 375-6239 • Applicant (Name Telephone No. 3710 Camborne • Address . .` J-U-B ENGINEERS, Inc. 336-5850 F~gineer, Surveyor or Planner Name) (Telephone No.) . 5903 Franklin Road, Boise, Idaho 83705 Address • i .~ (Date) ~ (Fee) Jurisdiction a Requiring Approval Residential Type of Subdivision--Residential, Commeroial, Industrial " January 9, 1977 (Aooepted byi • ~ ~ .~ 1 ~ . II• iUBDIYISIQN FEAZVRE.S • ~ ~ . • 1• 41.06 Acres 147 Number o! Lots 80 x 100 ~ 'Dimensions o! Lota 2• 90 Ages of Land in Contiguous Ownership .3. N/A Minimum Lot Sizes 4• Existing Zoning Classification Residential "A" 5• Bas Request Been Made to Change Zoning? ~ No • _ .. yes ~ no 6• Zoning Request do Under What Name?~ N/A III• IMPROVFI'~1TS PROPOSED AND REQUIRRD • 1• Street Standa~Cd .60 ~ Right oP Nay • Other Request 2. Curb and Gutter ('l~rpe) 3• Sidexalks Location do Widths • . Alleys . Proposed •.- (applicant) ACRD Standards ACRD Standards ACRD Standards Ordinance Conformance (atarf) $• Street Names See Plat Must not conflict with Grid system 5• Domestic Water Supply . (a) (Individual) (well) (b} (Central) (City) Meridian City • ~ (c) (Location of existing lines} . ~ (d) (Location of proposed lines) 6. Method of Sewage Disposal (a) (Individual) (b~ (Central) Interim system to be • ° (C} (Locations° of existing lines} connected to 9 Mile (d} (Locations of proposed lines) Trunk Line 7• Method of Storm Water Disposal (a) (location of existing lines) Surface (b) (Location of proposed lines) 8• Irrigation Water Supply Provided No (If irrigation water supply not yea nv provided, has area been withdrawn Prom District?) No ...__ ._ . yes no 9• Power and Phone (6) (UIIderground} ~~~tlnd r rrninc~ (b) (Overhead) . 10• Natural Gas Yes . • 11• ~ a Other Utility . ~. ' .' •' ~ • •• ~• • • 1 • •IYI. Continued 12. 1~•e Easements for 5,6,7,8,9, ~• 10~ 11, Provided and where located? Yes- ' • -- .13. Are Fire Hydrants Provided, • . Where located? Yes to comply with 1~• ~ Are Street Lights Provided, Mer~.dian .Fire District • ~ where located?• No 15. Area to be dedicated to public or . semi-public areas .. •(a) School Site(8) ~ Nn• • (b) Public park site(s) lUn . (e) Common area for residents N~ (d) Water supply, pumphouse No ' (e) Sewage disposal area ~ No _ (f) Other None 16. Location of existing dedicated streets and their widths at the point ir~ediately adjacent to proposed development. South - Cherry Lane 80 R/td 17. Vicinity Map (scale 1"•• 300') -- ~ Copies Yes 25 18. Contour map of area. Yes • 19. Existing Buildings. to remain or be removed? Yes . 20. 1" •• 100' drawings showing general plan, and ad~aeent subdivision--2 5copiea. Yes 21. Proposed protective. covenants. No • '. 22. bcamination by city Engineer. IY. BUILDIl~Ta PROGRAM (To be completed by applicant) 1. Type of buildings (Residential, Commercial, Industrial, Combination) Residential Phase One will have 52 Tots. • 2. Type of dwellings (Single-family, duplexes, multi-family (rental), multi- family (sale), combination) Single family. Glarages Attached X Basements Water Table Study Detached Driveway width Off street parking Typical Building Price Range 540-65.000. 2 space per unit X 1 Story . ~3uilding Material Frame • :. .. ~, ' . ~. ~ . . ~. .. • ~ •~ • .. •:... . ' ~It'• RESTRICTIONS AND DESIGN IIIFORMATION • , 1• Technical Review Committee 2. County Planning Commission Ordinance oonformance (staff ) 1• Allowed Land Uses ~ ' ~Sin~le Family • 2• .. Minimum Lot Area ~- 7,500 Square Feet • 3• MinLaum Lot Frontage 25•feet ' ~• M{r~m„m Lot Width ~F`roat Setback 60 feet : 5• Minin+ +m Lot Depth .. ~ ~ , ' 100 feet ~'•. 6. Front Setback ~ ~ ~ - 20~ feet •'~• .Side Setback ~ :•' 4 feet .. 8• Side Street Setback 10 feet " }. Rear 3etbaok 15 feet ~ ' 10• Percentage of Lot Coverage. ~ 35~ VIA 3P'fCIAL DISTRICTS (Staff) .' ~ Name Approval 1.Sohool District 2. Fire District (or Dept.) • . 'f'. 3eKer District (or City) • ~. Irrigation District 5• Water Compar~y or Distriot 6• Other (Name, Purpose) Y]~1• 'RECORD OF APPROVAL (Staff Proposed (applicant) .. ~ Preliminary (date) :• 3. city Plan. comm. Name $. County Surveyor (Final Only) 5• County Highway District (Final Only) 6. City Council ~• ' -~N ame • . .. 7•_ Board of Ada County Gommiseionera ::~ (Final ~Y) . \ • ..t ', •, .•. R • . . • Final (date) ~ M ~ . .• .. , • 7 Vlll• RECORDING DATA (Staff) ' .• 1• Date Book page Instrument Number • Z• Covenants Recorded: Date Bock page • Instrument Numoer .~ • ' - t •• '. .• .. . • .. - - .. •. .. . . ~ l •~~ ~ " ~ . ,,, 's: ; . . • Y .. .. .. .. • ?.: ~J ~ ' r .• , .. ~r' • t' •• ' :'~' ' ' .~ • ~ • ~ 'APPLICATION FOR SUBDIVISION APPROVAL ,~ i ` Meridian Planning do Zoning Commission Applications moat be presented at . Citg Hall by the Second Monday of the Month for Planning k Zoning ' L... • e ~ ~ i' ~.. ,. Z• QFNERAL INFORMATICBJ Brook Farms APR 1 0 1978. IntOrIDltlOn (Proposed Name of Subdivision) 1/4 Mile East of Ten Mile & between Ustick & Cherry Lane Roads Qeneral Location Legal Description -Attach if Lengthy D. L. Potts ~ 515 East 42nd, Boise 3774425 • Bra ••1085 South Ten 'file 8883994 Owner s of Record Name Telephone No. • • • r • • I Address Max Boes ame No. ' 3710 Camborne • . • ~ . Address J-U-B ENGINEERS, Inca 336-5850 IIsgineer, Surveyor or Planner Nams (Telephone No.) 5903 Franklin Road, Boise, Idaho 83705 - Addres~ ., Juriadiotion s Requiring Approval . Residential Type of Subdivision--Residential, Commercial, Indu©trial A ril 10 1978 Aooepted bye Date ~ Fee . ~ , 375-.6239 , • II. ` SUBDIVISICQ~1 FEATURES t• 1~ 14.3 Acres 52 Number of Lots 8o x 100 Dimensions of Lots 2. 26•~ Acres o! Land in Contiguous Ownership .3. N/A ~ Minimum Lot Sizes $• E]dsting Zoning Classification Residential "A" sj• $as Request Been Made to Change Zoning? ~ •No • • . • yes ao 6• Zoning Request ~ Under What Name? N/A III• IMPROVF.'~JTS PROP06ID AND REQUIRED Ordinance .• •° Proposed Conformance . ~ ~ (applicant) (staff ) • 1• Street Standard 60' Right Of Way nrun Gfianr~arrls • Other Request • . 2. Curb and Gutter (Type)• ACHH Standards ~•' ;~• Sidewalks Location do Widths _ ACRD Standards Alleys _ • ~• Street Names See Plat • Must not conflict with Grid system ° 5, Domestic Water Supply ~ • (a} (Individual) (well) (b) (Central) (City) r~r. i aa~v • • (e) (Location of existing lines) (d) (Location of proposed lines) , 6• Method of Sewage Disposal a} (Individual) ~b} (Central) . .Interim system to be (C} (Locations of existing lines) connected to 9 `4ile • - (d) (Locations oP proposed lines) Trunk Line • 'f. Method of Storm Water Disposal _ , (a) (location of existing lines) Surface • (b) (Location of proposed lines) 8• Irrigation Water Supply Provided No ., (If irrigation water supply not yes ao provided, has area been withdrawn lrom District?) No ~_ .,__ . yes ~ • ~• Power and Phone (a} (Underground) Underground (b} (Overhead) • • 10• Natural Gas ~ '~ vow • .: • 11• •: • Other Utility , •. • ' • ' •' ~ ~ ~ .' ~ :. ' • M 1 • ~3II. Continued 12. 1Lre Easements for 5,6,7,8,9, 10, 11~ Provided and where located? Yes .13. Ara Fire Hydrants Provided, xhere located? Yes to comply with • per ian ire istrict 1~. Are Street Lights Provided, xhere located?• No 15. Area to be dedicated to public or ' semi-public areas •(a} School Site(s) No ~ • • (b} Public park site(s) r, No . (c) Common area for residents No (d) Water supply, pumphouse ~No (e) Sewage disposal area No (f) Other None 16. Location of existing dedicated streets and their widths at the point immediately adjacent to proposed development. South -Cherry Lane 8Q R/W Yes • 17. Vicinity Map (scale 1"~• 300 0 -- ~ copies 25 18. Contour map o! area. - - 19. Existing Buildings. to remain or be removed? Yes • 20. l" ~ 100' drawings showing general plea, and adjacent aubdivisioa--~fdccopies. yes 25 21. Proposed protective covenants. No . °. 22. FacAm{ nAtion by city Engineer. IY. BDILDIldG PROGRAM (Ta be completed by applicant) • 1. Type of buildings (Residential, Commercial, Industrial, Combination) Residential Phase One will have 52 lots.' 2. Z~pe of dwellings (Single-family, duplexes, multi-family (rental), multi- •tamily -(sale), combination) Single family. - .Garage: Attached % Basements Water Table Study Detached Driveway width Of! street parking Typical Building Price Rango 2 space per unit % ~ fia~,nnn. 1 Story . Duilding Material Frame . . •. .~ . • •.~~ 1 ^ ~ ` i ~ ~ ~1 ,, - • :t, .. • 4 Y. ~ TRICTICH~IS 6ND DESIGN IIdFORMATION '. • Proposed (applicant) 1• Allowed Land Uses Single Family • P, ' ' 2• . M Minims Lot Area 7,300 Square Feet • 'f. Mi~n* Lot Frontage 25 feet • $~ Mt *+{ ~ Lot Width Front Setback 60 feet ~. 'Minimum Lot Depth • • 100 feet ::~. 6. ., Front Setback , ~ . ~ _ 20 feet . 7. Side Setback .: ~ : ~ 4 feet •_ . -! . . 8. Side Street Setback ., 10 feet g• Rear Setback 15 feet lO. ~ Percentage or Lot Coverage 35% . 4I• SPACIAL DISTRICTS (Stets) Ordinance conformance ( staff ) ' ~ Name Approval 1:Sohool District 2. Fire District (or Dept.} - ~ ~ • • ',j. Sewer District (or City) ~}. Irrigation District 5• i~Tater Company or District 6. Other (Name, Purpose) Y1~,• ~ RECORD OF APPROVAL (Staff) • . . .. ', ~ Preliminary (date ) • .. '. 1. Technical Review Committee 2. County Planning Commission . 3. city Plan. comm. Name . ,~. County Surveyor (Final Only) . S. County Highway District (Final Only) 6 ~ City Council ' Final (date) • . Name • .. 'j. Board of Ads County Commissioners ,:, (Final only). ~~ . _ •, •.• . ~. ~ ~ r vui,~ RECORnYrra Dn~ (starry 1• Date Book Page Instrument Number 2• Covenants Recorded: Date Book Page Instrument Number ~ .~. - ~. ~ ~ .~ .. .5+ .. o 'r. .. ~ t . r . ~ N ~ . • ' . '~ • , • ~ • ` f i 1 ~ ~ i (' I 1 1 . . i V ~ j~ 1 ~i 1 f ik I 0311tl'INMI pvOH 31w'~ N31 r~ . ~g G J_ 6 ~. ~a ~ $. b~~ ~~ 0 Z~ s'se~~e~ts~ ~.~$~~a~i3t~ lt~~$. agg~~g~ II~ s~ 6~g8 ~gs ~ .W,~aS~x~i ~ aJ~a w8,~s.. 8 N - ' N 1 O~oCii! VdONC7 ~ ~..~ i./ E.~; ~ . `, ! ~ Meridian City Hall ®2® The tAotion was made by Iv?a vin B dine and seconded by John rules and provision of 5 9002 and al rules requbr ng read on three diffe ant d ys be dispensed with and t at 0 be passed and appro ado Motion passedo Bodi e, ye ; Navarro yea9 asn Ordinance Number 31 was ead e titledo AN ORDINP.IVC SECTIONS 3a 10 D 1 e IN WNSHIP 3 NORTH9 RAA' IS ADJACENT AND he Motion was made ONTI M UOUS B 0 THE CITY OF MERIDI d' ~en9 yea9 l^Jgllgams9 1V IdCa ZONING 1 ST9 ISE AD COUN a gDAIiOo that the rules and y ovis van ons o fine and seconded by 509002 and all rul t~enn s re ~n tt uirin ussen that Ordin n b _ a ces e read Ordinances Number 3 thr 6 be e dif assed Brent days be dispen and approved, ed th an a Motion passedo Bodi e9 ye 9 Navarro9 yea9 Rasm ssen yea9 Williams9 yeao Ordinance Number 31 was ead e~ titledo AN ORDINANC ~s1 N CING A~ ZONING OE~AIfl~ R PROPFaRTY LdHICH S I~k:SCRIB AS FOLLObISs A PART OF `rH E 1 2 OF' THE IrJ 1 ~ OF SECTION 2, Ta 3No4 R, 14Jo9 B,M,q ADA COUNTY9 IDAH TO HE CT1 OF' MERIDIAN a OTITIG r 9 p on Richard Williams ma a som rem ks abou t 00 u acr s tha are been annexed, He apprec'ated he de elopers putting thes par els t gethe~a He stated that he f t th t the e was some i bat in oil on e~ith these annexation to get t e Gol° Course annexed9 and that he is concerned about the Communit tan hat i bein. develo ed tha co d be indered in its planning by these 1 ge aces o 90Avo Residential. tha mig t tur out to xaot be this zoning„ _ ___ __ Annexing large part s sh uld b held up until the c mmun tjr pl is developodo Mro Williams also f t th t no evelo went should be cello ed un it this plan is completedm The Mayor rema~tfed at h felt that these proposals were good evelopmestt and necessary for t e ro_er r wth of the Citye The Motion was made ~Ke neth asmussen and seconde b ohn N varro that the rules and - ovis'ons o 50®9002 and all rul s re uirin that ordinances be read thr e dif erent_days be_dis en ed w th an that Ordinance Number 31 be p sad d approved0 Motion passedo Bodi eq ye 9 Navarrog yea9 Rasm ssen yea; Williamsq yeao Orciln:~n~-c~ Nuuit~eai• ryld' anti le~sd>_ ___AN _~IN_A1~1~ Ok 'Z'tI - -- - REPEALING SEC OId 3 20~t~a OF THE REVISED APdD _ _ OF THE CITY 0~' NIERT IAPda DA CniIN'7'Y_ ~naun_ The Motion was made y Ri hard illiams and seconded - - - _~Fia~t~ s°u es an rovas ons o 9002 an al ru Ordinances be read thr e dif Brent days be dispen ~r ~nance um~ er Te -p sse approve o - Mr. 1~di 1:1 i.~ms rc:~ui a 1 et to • from llnve Curtis of J-tJ®g E~agi ears aced __ cam on file with these inute Th s letter contains th itm s nee ing - rec e_pr-o the Insurance Liabi ity c ncern ng guaranteed perfo ante ANCE.S F{ nneth Rasmussen e uargn a w th an that December 19~ 1.977 a avar~° that tae a or nan es e finance Numbea° 315 1 ~~ ~ ' ~ *,ti ~~ j f Meridian City Hall Decemper 19fl 1977 Meeting called to o der b the ayor9 Don Ma Storey Members presento M vin odine John Navarro; Kenna h Ra masse 9Richard Wsllaams Others presents C 1 E11 worth Joe Glaisyer; Donal Bri harry o Brighamy Et Te el Ha ry Si ans9 dens; ayne roo s Ong gc I,ee Ro Stucker9 Jim ar idle r ong °v den ay , ~ps9 Barneye Er >~io est L ~rJ4 Kn mbkey pp9 J Ken 'es on9 ax Ao hn Ulam9 riichael Lo oes~. root ery Bruce erg c e9 Stuart9 0 o we o an mz Roland Smith presen ed th Budg t out audit that has been compl ted and ea y or revaew y e once ro m~ z covers e a a a. em y a o e o ion was ma e audit for 1977 endi y g Sep van ember one an secon e y 30 be accepted and a o prow aver d the a the costs be pay ~n a amoun the audito fl o o ma. s aa. ey an ens n w o pe xo e Motion passede Bodi e4 y a9 Na arrog yea4 Rasmussen yea Wall' ams9 yeao A Conditional Use P Real Estate Office mit as re or 13 oasts Eo Pine to use a re , idea a boa ding as a The. Motion was made. y Ke ne_th asmussen and seconds b arvin Bodine that the Conditional Use Real Estate office, ermi be anted for 137 E, Pin -for the p pose of a Mot~.on passede Bodi - e9 ye - _ 4 Nava~ro9 ~ea; Rasmr -_ semen -dSreag 6Jallaams9 yeas ter. The Mayor pointed o the two esidences in the pro flit arty to be annexed9 omitted from the an xati n of perry Lane Villageo Fie f It th t these It was suggested th the e pro erties be annexed in the ear f torso - - - -- e errs o earang Stucker Annexation; errs race ~z Annex poma, concerning the tion; Cherry Creek anne nexa ata.on ion9 Q o e herry Lane --- ~ age exa ion9 and the Hendren Ann canny atio f°ook o Com 'arms Anriexation9 ides ercial and Residents rises a r Ann xat~.oa~ There being no objet ions heard the ordinances of an7 exat on we a reado Ordinance Number 31 was sad e titledo AN ORDINANC ANId NG dD ZONING -- ---- -- --- - -~E~AIT~REAT~ ~ :?t?:, 'ad l , a (!1' ~ ua>u ~ a ,i~, •rttr. ;, t^ TO THE CITY OF I .RT~I ~:: NT;: rr ~~r• ;RIDI l~?II CI{ ~t1 ~,~;. ritt~ti t is v AD IS DESCRIBr;D AS FOLI, ,1,, ..1'l (`~1 1 ° , `t'. '•N. a atv y i~ui~ri F•fc~~t•EFcTY I COUNTY9 IDAHOo ~,dSs I F AD.Tt A POR ' o FI4M CIi~~ ION OF e ~~ ~°C}iTIV`I,°YQ D CO1V~~GTO-1fTS - The Motion was made by _Jo Nav _r_o and seconded b arva Bodi e that the - - --- ~ es an provision read on three diffe - - - - --- o~ ant d ys be - an al ru es recluar dispensed with and t ng at 0 a or damn finances e a Number 314 e passed and.appro Motion ~assea° ado - .Ordinance Number 1 was sad e titledo AN ORDINANC ANN XING ZONING - ___-- - _- ~'T:'~`:'11IN TZi~:Ai, 1'l~ F ____- N 1,__ ~!t~' '1'ti;: _Pdr: 1 '~al1Tl~ 1•'f_~ ~JIiIc'i1 :il~:~:'1' Its I~T:.~CfiI?3I~~) AS FOLL UN0 1'.. ~V_ R WSs A POR` AD 0 ION OF TFiE CUUN'I`h ... ---. -- _-.__ _- . _.____--_I ---_. `T'c~AT~r: ~:TTYIiC~I~ ci. T YIODF MERID ATr a tdHICFi PROPERTY I /~DJ C~TT CON'~GUOIIS 1 Meridian City Hall 3 (Cont'd) ~ :• .7. Brewer: 11It doesn't roar then, or have a blast type flame that comes out" Sangster: "No sir, you can barely see the burners because the burners are set about an inch below the bottom of the kiln itself. It doesn't create any type of a flame. There are no flames that would come out the roof of the kiln, just heat. I want to contain this heat in order for the temperature to rise - I do this by manipulating the dampers in and out." There was discussion concerning other kiln around in the area. Sangster: "This is a 16 cu. foot" Kingsford; "I read in the P&Z minutes that you would only be firing it two or three times a month.'° Sangster: "I work full time and this is a extension of my hobby, I will only be doing this on weekends at this time and during the daytime. T_ will not be firing the kiln unattended. I will install a lock system - a heavy duty master lock system so that if someone did hop the fence they could not pry open the door. The gas meters have a on ~ off main valve leading from the meter to the kiln itself - a heavy duty locking device will be used when off," Kingsford: "I have some serious doubts in my mind whether it even requires a permit - he's not selling anything." Sangster: "I will have suite an investment in the kiln and I did not want to place it, fire it and then a few months later have someone not like it." Attorney Crookston: "As far as whether or not you need a permit I'm not quite sure either, but it is the same type of deal as productions - whether or not he sells the pottery on the lot or not. The other thing that I am aware of is that whoever has a kiln generally get into classes." Williams: °jDo you intend give classes or eventually sell pottery at your residence?" Sangster; "To be honest with you ~- yes we have discussed this and if this does take off and T do get a lot of orders. But most likely two or three years from nor and in a Commercially zoned area. At this point of time there will•be no resale - I don't want people coming to my residence, I paid a lot of money for my home, I don't want the neighborhood to ci.eteriorate, I don't want a lot of traffic because we have a lot of small children in the area, and I don't want to jeopardize the aesthetics and evironment.'° Mayor Glaisyer: "Are there any comments from the public?" Ray Sotero, Statesman Reporter: "How much pottery can you fire at one tune?'° Sangster: "16 cubic feet worth - about 10 ~~lanters, a couple of casseroles and seven mugs." Mayor: 'Are there any other comments. from the public?" No response "Hearing Closed." The Motion was made by Williams and seconded by Kingsford to approve the Conditional Use Permit to Robert and Kathryn Sangster, 2612 Misty Drive, for pottery making as long as it meets th.e City Codes, no classes are taught, retail• sales do not occur on the premises. Motion Carried: Kingsford, yea; Williams, yea; Brewer, yea; Orton, yea. I Agenda ~ Colin Connell - request for Beer/Wine and Liquor License for the WAThR TOWER, ~~5 I'rankl~:n Road No representation Agenda Leroy Nelson - Meridian Speedway 5 Nelson: "I am asking for a Variance to allow a mobile home,that has been converted into an office building, be converted into a concession stand. I would like to establish this on the south end of the main grandstand. The purpose of this would be to utilize the restroom facility at this end that are not being used at this time, The reason they are not being used is because all our products are being sold and distributed on the north end of the grandstand and the people that come down to purchase are then using the restrooms. I felt if we could offer our product on the south end we would be utilizing the south restroom facilities. Prior to this, I Contacted Bill (Brewer) and Earl (WasteWater), Nancy Goodell (CDH) with the May 18, 1981 ridian City Hall 6. 2 (Cont'd) 18, 1981 Councilman Brewer: "Mr. Mayor, we discussed this to some extent earlier, and I think that all of us agree that this Conditional Use Permit on a individual basis do deserve merit. We are going to have to take a close look at continuing to let this kind of Conditional Use exist in Residential areas that makes it possible to perform and run a business in direct competition with other businesses in town who pay all the normal fees in order to exist in business. I disapprove of the Conditional Use Permit." Councilman Kingsford: "Charlie did you say that the restrictive covenants in your neighborhood forbid this--?" Roundtree: "The restrictive covenants state that this is to be used only for residential." Kingsford: °'Well, I think legally we cannot grant a Conditional Use Permit- --.Counselor?" "Correct me if I'm wrong, bu~~ the citizens of that neighborhood could bring suit against the operator anyway, under the restrictive covenants." Attorney Crookston: "Correct" Kingsford: "I don't think we should approve something that the citizenry of that particular sub. was depending on w}ien they pruchased the land - unless there was 100~s approval." Councilman Williams: 11I can appreciate the Anderson's wanting to supplement their income, but there's probably half a dozen shops downtown that this is their primary source of income. With that they are in Commercially zones areas, they do pay a different water and sewer hookup fee than the average resident. By approving some of these we are giving an unfair advantage for residential part time operator is competing with someone that does this nor a living - and have to pay all their bills from this. If we do approve some of these I would hope that we would start the charge on Commercial rates. If they have two (2) chairs t~~E~y would pay $1600.00 in hookup fees - treings like this. Tn case like these I know the area and I intend to agree, this is not the place for it." The Motion was made by Bill Brewer and seconded by Grant Kingsford to disapprove the Conditiron Use Permit request of Kent and Charlet Anderson, 316 Camellia to operate a Beauty Shop. Motion Carried: Kingsford, yea; Brewer, yea; Orton, yea; Williams, yea Agenda 3 Robert and Kathryn Sangster - Hearing for Conditional Use Permit for Potter Kiln Mayor: "Public Dearing is now open for Robert and Kathryn Sangster, 2612 Misty Drive" Robert Sangster: "The Permit request before the Council is to allow me to make stone- ware pottery in my home and to -sell this pottery elsewhere, at •various art shows throughout the Treasure Valley. In no way will I be admitting any traffic or anyone to my home for. the purchase of that pottery - this is solely an extension of my hobby, T work full time and my wife works also - I would not hire anyone for the purpose of the business. (Sangster displays drawing of property and proposed pottery kiln) The kiln is to be set upon a 20 x 24 foot cement slab, Professionally installed, Sntermountain-Gas will install from the street to the premise a gas line and gas meter, T will contract a Licensed Plumber to install the gas line from here to the kiln and at that point, once it is hooked up, Intermountain Gas will at that time come out and inspect the gas line and the-kiln while it is in operation during the first time I fire. the kiln to make sure that it is totally safe. The area wil]. be enclosed with a six (6) foot fence, the front facing the street, the side and the back area- the fence will extend to the back property line and across the back. This is a Natural Gas Kiln." Orton: "What are we talking about for the rise?" Sangster: "Just a large oven ~. six gas buri~rs, a galvanized hood. The noise would be less irritating than a lawn mower <- it m~:~es a dull kind of a murmuring type of sound Tf you have a gas camp stove, you turn it or and it makes kind of a minute hissing sound because of the combustion of the gas.° Qrton: "Has it any motors attached to it?" Sangster: '°No fans, this is just a natural venturi aurner. I would regulate through the use of three valves the mixture of gas and air - 3 have to have a cold burning flame in order for the heat to rise in the kiln so I have the proper mixture of gas and air inside the manifold of the burner." • W ~.,~ ~ ~: i e ' Meridian Cit Hall .7. December 7, 1981. Agenda 5 (Cont'd) Terry Woodward--Water/Sewer/Trash charges........ ., Woodward: "T had agreed to pay the $5.00 but I strongly disagree with the pickup. had agreed the the $5.00 fee for the use of the container that they were providing but under the circumstances that it would be twice a week collection. However, I would say during the majority of the weeks during the summer once a week was quite outstanding. I know fo.r a fact that it wasn't picked up twince a week. So actually being charged for twice a week service and receiving once a week, and I'm sure there was a time when it wasn't picked up in a week and a half." Alidyani: "Sir, did you call me about this?" Woodward: "No, because I felt that as long as they were getting when they came around it was reasonable to have it picked up. But the idea that I am paying for twice a week service and I'm only getting it once a week is not quite equitable either,".~ Alidyani: "Just-for your information,anytime that the landfill is closed, I:~get 30 to 40 calls just because the trash service is late. Anytime there is a breakdown I get so many calls just two hours late. We are trying to give the best service with the amount of money we collect and we are happy with what. we are doing. Anybod .that has any complaint I have a twenty-four hour answering service just to be,abo to answer anybody's call. This is~the kind of system we have provided, if anybody has any kind. of complaint - to say that they did not say it or that they did not call us- I don't think that would be a 1igitmate excuse." . Woodward: "I don't live there, so consequently T'm not there to watch it. If~it is a negotiable thing between the garbage company and me then maybe we should get together. on it. That I presume is based on a Commercial figure also - and that rate set by the Council." Mayor: "Council Members?" Williams: "Let it stand as it is" ' The Piotion was made by Williams and seconded by Kingsford to deny the request of Terry Woodward and if the water, sewer and trash bill is not paid by December 10th 1981 for the Motel at 1535 East First, the water will be turned off. P~lotion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea Benda 6 Mayor Glaisyer: "Ts there anybody else that wishes to have a pre-termination hearing?p Ro response. "If not I will now close the Hearing.' Due to their failure to pay their Water Dill or to present any valid Reason why the bill has not been paid, their ulster shall berturned off on December 10th, 1981. In order to have their water turned:'b~ck~on, there will be an additional fee of $10.00. They are hereby informed that. they may appeal or~have the decision of the. City reviewed by the Fourth Judicial District .Court, Pursuant to Idaho Code. Even though they appeal the water gill be shut. off." Idaho Power Service Request - Sunnybrook Farms There was discussion concerning the installation of 15 175 W. Sodium Street Lights r~ - to be installed in Sunnybrook Farms. Total of City Portion is to be $2320.00. ,1 lx~is fee was thought to be just for putting up the service poles, there will be a~ .;~ mcinthly fee after the installation. W Councilman Williams explained that the City ~~ has never had. an ordinance that asked the Developer to put in the street lights as a consequence every street light in Meridian is rented from Idaho Power. They have to make out a legal formula for billing what we are to pay every time these poles ~ ~ are installed. It was thought~tk~at it costs the,City approximately $6.Q0 for ~- ;-.- each pole and that the total yearly was approximately $25,000. The cost in budgeted i, n -the pows,r budget, not with the Suladi v~ S i ons . The Motion was made by Williams and seconded by Kingsford to approve the bill from Idaho Power for.'installation_of l5 175W Sodium Street.Lights for Sunnybrook_Farms, ~, in the ~maunt,~ of $~320~t}0. _ Motion Passed:... W.3""=1liams, Yea; ~i.ngsford~ yea;,Orton, yea ,~ ,Brewer, .nay `i ,. ~~ _ ;K ~ ~- ~; x j i~ ~,,' Meridian City Hall ~ • • ^ k" k~ Dace bar 19. 1977 Meeting called to o der b the ayor, Don M. Storey- Members present: M vin odine John Navarro; Kenna h R muse ;Richard Williams Others present: C 1 E11 worth Joe Glaisyer; Donal Bri ham; Brigham;. ' Et Te el Ha ry Si ins; dens; ayne roo s on; is Lee R. Stucker; Jim ar ulle on; ; men ay ips, Barney; Er W. est W. Kn mbke; pp; J en es on; ax hn Ulam; Michael L. esi rost er; Bruce r1. c e, Stuart;:: z we o an mi Roland Smith presen ed th Budg t out audit that has been compl tad and. e c r review y e once r. mi covers e a . e ion was ma e audit for 19'77 endi y g Sep vin ember ins an secon e y 30 be accepted and a prow a d tha a the costs be . pay. in a amour the audit. , o mi , ai ey an ans n p Motion passed: Bod' e, y a; Na arro, yea; Rasmussen yea Will' ams~ yea. ;. A Conditional Use P Real Estate Office it s re or 13 oasts E. Pine to use a re iden a bui ding as a - The:Motion-was made Ke neth asmussen and seconds ,1 arvi $odine that the Conditional Use Real Estate office. ermi be anted for 137 E. Pin for the p pose of a Motion passed: Bode e, ye ; Navarro, yea; Rasm sen yea; Williams, yea. '~ The Mayor pointed o tha two esidences in the pro 3 11 t arty to be annexed, omitted from the an xati n of . . harry Lane Village. He f It th t these It was suggested th the a pro ernes be annexed in the ear f tore. e ime o Baring Stucker ,Annexation; ame race ~S: Annex p.m., concerning the tion; Cherry Creek - erne nexa anon ion; o e harry-Lane age exa ion; and the Hendren Ann unny atio rook , Com arms Anne ton; Wes ercial and Residenti Man r xa ion There being no objec ions heard the ordinances of an exat on we a read. Ordinance Number 31 was sad a titled: AN ORDINANC ANN NG ZONING THE SW 1/4 OF NE CH /4 OF IS DESCRIBID AS FO SECTION 18, T. 3N., WS: lE A , B.M 0 , ADA COUNTY, TO THE CITY OF ERIDI , AD WHICH PROPERTY COUNTY, IDAHO. ~' 1~- The Motion was made by Jo Nav ro and seconded b arvi Bodi a that the r es an proves on read on three diffe o ant d - ys be an ru es requir dispensed with and t ng at 0 a or dinar nances e a Number 314 Te passe~anc~appro M ed. _ Ordinance Number 1 was sad a titled• AN RD N C AN NG ZONING CERTAIN REAL PR N 1 2 OF THE NE PERTY 1 4 8 WHICH SECT IS DESCRIBED AS FOLL ON WS: A FOR ON OF THE COUNTY __- -.s .~_..- IDAHO, TO THE C ----•--..~.T}IE_CT_'1"f n~ A1 TY OF ~:Ft1T~T MERID td. A1~ AN, WHICH PROPERTY I r~r~tlt~[2*Y, zU1s~U~.__-_..__-_ ADJ __._>.___ CENT _ CONTIGUOIIS 1i ~ ~ .2. December lA: 1A77 The Motion was made y NI vin B dine and seconded by John aver t that the rules and provision read on three diffe of ent d -9002 ys be and ru es requir dispensed with and t ng at 0 or inane nan es e Number 315 be passed and appro ed. Motion passed: Bodi e, ye ; Navarro, yea; asm ssen yea; i isms, yea. Ordinance Number 31 was ead a titled: AN ORDINANC NG ZONING SECTIONS 3, 10 D 1 , IN WNSHIP 3 NORTH, RAN E 1 T, ISE IS ADJACENT AND CONTI UOUS THE CITY OF MERIDI AD CO , IDAHO. e Motion was made that the rules and y M ovis vin B ons o dine and seconded by 50-9002 and all rul enn s re uirin ussen that Ordinances be read Ordinances Number 3 thr 6 be a dif assed Brent days be dispen and approved. e t an a Motion passed: Bodi e, ye ; Navarro, yea; Rasm ssen yea; Williams, yea.. Ordinance Number 31 was ead a titled: AN ORDINANC ANN RING A ND ZONING CERTAI] R R PER WHICH S D OF SECTION 2, T. 3N., R. CRIB AS FOLLOWS: A PART O 1W., 13-.M., ADA COUNTY, IDAH F 'r E 2 0~ THE W TO HE CI OF MERIDIAN, Richard Williams ma a som rem dTIG k a u 0 acr the , ~ are Bin annexed. He apprec' to t h f ated t th he de t the elopers putting thes e was some i bac par in els t oin gether. on with these annexation to about he C mm 't get t lan e Gol hat i Course annexed; and bein develo ed the that co he is d be concerned 'ndered in its planning by these 1 e thi zon' n ge _ Bas o __ "A" Residential the __ mig t t out to sot •' Annexing large pare Mr. Williams also f s sh t th uld b t Ito held up until the c evelo went should be mmun cello ty pl ed un is developed. it this plan is completed. The Mayor reman~ked and necessar for t at h e ro felt er r that these proposals wth of the City. were good evelopment _ The Motion was made Ke neth asmussen and seconde b ohn N varro _ _ that the rules and ordinances be read ovis thr 'ons o e_di_f 50-9002 and all rul erent_days be dis en s re ed uirin th an that that Ordinance Number 31 be p sed d approved. Motion passed: Bodi e, ye ; Navarro, yea; Rasm ssen yea; Williams, yea. ~_ Ordinance Number ~ anti led: ORD __ REPEALING SEC OF THE CITY O ON 3 NIERI 204(a IAN OF THE REVISED AP1D A COUNTY- OMPI ED 0 INANCES -- The Motion was made y Ri hard illiams and seconded by K nneth _ I Rasmussen - a t~ es an Ordinances be read ovis thr ons o a dif -90 Z an r Brent days be dispen s re ed uirin th an a that r finance um er e p sse approve . Mr. Williams read a c ette from Dave Curtis of J-U-B Engi eers ated _ on file with these rec inute Th s letter contains th itm s nee ing the Insurance Liabi ity c ncern ng guaranteed perfo ance " s, (~bi~t'd) :Meadow View #2 (Preliminary Plat) Agenda 4 Jones Stated that they were plann-irrg 7040 as a minimum (sq:. ft,). Glaisyer restated the City requirement. He stated that he wanted to see something. on landscaping and .two car garages, Jones stated that they would have garages but felt the square footage Was unreasonable, and inquired if it was a sow.. Storey stated that it was a City Policy.Upgrading bf Meridian housing was discussed `and the feasibility to d~~velope~rs. Janes stated that the only problem was with the square 'footage. the matter: of Meadow. View #2 was laved aside: Agenda 5 Crestwood Estate Centre Valley Councilman.Glaisyer abstained from taking any action oh this annexation`. G1.are Glenn was present representing Crestwood Estates. He outlined the boundary 'of the Annexation. They are requesting "A" Residential. ~.: _ Williams inquired about density.. -` ~. Glenn stated that' overall it is 4.2 witFh open space ~ `The Motion was made by Richard Williams and seconded by Grant Kingsford to annex the X6.7 acre 'Crestwood Estate Centre Valley as "A" Residential. Motion .passed: Williams, yea; Kingsford, yea. Glaisyer, abstained Agenda 5 Ooxo`(Annexation) ~. ~ Larry Sale was present representing bOXO. Me outlined the location. Less than 5 acres; asked for A Residential; services and utilities are provided. They will construct to City Codes and adjacent to Five Mile :brain. Glaisyer recommended that 00X~J be annexed and zoned "A'' Residential, seconded by Wi]liams. Motion passed: Glaisyer, yea,; Williams, yea; Kingsford, yea. `Ordinance Number 332 Was read entitled: AN ORDINANCE ANNEXING ANQ ZONING CERTAIN 12EAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PARS OF TiiE NW 1/4 NW 1/4, SECTION- `13. T. 3N., R, 1W., B.M., AND'A PART OE`LOT 4, SECTION 1, T, 3N., R, 1W., B.M. ADA'COUNTY, IDAHO, TO THE`CITY OF MERIDIAN, WHICH PROPERTY IS RDJACENT ANp CdNTTGUOUS , - TO THk CITY OF` MERIDIAN, ADA G4UIVTY, IDAHO, The Motion was made by Richard Williams and secondie~ by Grant Kingsford that-the rules and provisions of 59-902 and all rules and provisions requiring that ordinances _ be read on three different days be dispensed with and thai; Ordi-Hance Number 332 °as read be passed and approved, -'Motion passed: Williams, yea; Kingsford, yea; Glaisyer:, abstain' agenda 7~ Sunnybroak Farms #2 (Final Plat) Gene Wright Was present representing.Sunnybrook Farm. .`; `The 'Mayor inquired'if all contingencies from the Preliminary had been .met. ~.. Wright stated "yes, as far as he knows': Williams inquired if recreational easements had been granted. ~~ i 4 ~lera'dian .Cit Hall .4. October 2, 1978 ~~~~ad) ~ Sale stated that in the Planning and Zoning meeting ahe agreement was to add the wards "recreation Open space" o the standard easementlahguages: oh the plat; ,` this is supposed to be worked out with the City.Attorney. Sale stated that this would avoid working .out an easement with anumber of property` owners. Storey inquired if the City Attorney has this. .`Sale replied that they will come pond w9th the Attorney. office.: g~a ~ Williamsinquired if there was a Homeowners Associatioh in the development. . 5~7n 4t~k~d that Sri:: tht~ !'1nr1-11tig ~7hd ~nh'it~C1 t~~~tirrh 1~ w~r~~ ~it,r';9d~r tltnrr wo~yl~i he ' a Homeowners:AssoGiatior~. Williams stated that it had been discussed earlier that the park would be deeded over to a Homeowners Assaciationt, not the City. Th s should be c7arified~ Wright stated that they'are flexible vn who to deed it to. ' The Motion was-made 6y Gra~tt Kingsford ahd seconded by Joseph G1aisyer that ~~< Sunnybrook.Farm #2 be apprgved. Motion-passed: Williams, yea; Glaisyer, yea;,.iCingsford,.yea. Benda 8 Leavitt-NuPacific (Golf Course} Wally Lovan supplied'a liat'of agreement from .recommendations from the Golf Course` ~ ~~ Committee. He stated that hp would like them for the record,, as follows: ~ ' Golf Course Committee recommends and'NuPacific CoMpany, Tnc., arrived at the fallowing agreerrren~t: NuPacific Company, Tnc. Acknowledges the'fol1owing corrections, are heeded and will ' provide as follows: 1. Water well will be fully installed and:.ready. to service the"Golf Cou1^se. ~. Gravel parking for the Club House 3. Cement ditch in fairway will be:torn out and removedcvmpletely. 4. The electrieal system will be completely 'checked out and automatic sprinkler system'shall be in full working order. 5. Additi©nal Land shall be provided for storage of equipment. 6. A building over pumps. and electrical shall be 'provided. 7. Two bridges over #5 fairway shall be built. -8. Ramp curbs to be installed across street for equipment crossing #8-#9,#10--#11 9. Repair of 6" water line across-ditch on Fairway #5 shall be completed. Wright stated that something is try ng to be worked out, but. cannot commit Mr. Leavitt at this time. The-attractiveness of temporary shelters was discussed.. ~`' Storey stated that in the future there should be cart storage and inquired who would build them. Wright replied they waind donate the land anal it is Up to the`Corporation to .construct ~~ them. They should be away from homes. and the street. Lovan tated that they would like ten (1Q) spaces: before next year.- ~~f.'. ~- Storey inquired if they'`cauld supply `the land for ten (10) stalls. '~ ' Wright did not think .there would be-a problem:- They-will cover the pumps and :fence the electrical panels. I`p~ Lovan stated that he was afraid they would lose the pumps. q Is>.; ~~ ,'> Storey. stated. that Mr. Leavi' t stated the-pumps would be taken .care of. ~' G- Wright. discussed the. pump problems. He recommended a waiting period and aee the ~' attitude. Wright stated that they would .consult with a'putnp expert to'determine the' status, ~ ~, j l/ .o P , 1978, Meridian Cit Hall ~ ecial ~eetin Se tember 2a Spacial meeting called ~o ..order 7:30 ; ~' . M+'' Mayor and Council presentp Storey; Williams; Kingsford; Glaisyer; Bodine - Agenda Carl Burke represented United ..Cable (U,C.) The ordinance-was. reviewed with the City's Legal Council: ~a Two short changes; (l) pzpviding for Bonds, Bonds were discussed. A=Security Bond was discussed. Section 14, Page 13. ,! Break of contract was outlined,. ;~ The site of tYie bonds 'were discussed-$5,0[10 to a higher level, :{ "(2) Section 19, line 3. Indemnifiaatian Bond was outlined. ~~ Would` read: "Proof of insurance" (elimina~ecl "indexiinifieation bond") AIC no longer'.has a interest in the Cable TV. Franchise. Page,21,-.Line 3: Changes to CITY OF MERIDIAN and mandatory:for a toll-free numbers "which shall be a toll^frea number" Mayor- Storey stated Attorney Fitzgeraldh~p+~ition. Ths Motion was made by Joseph"Glaisyer to approve-the amended,Ordinance with a $50,000.00 Bond. The .Motion was made by ,7oseph Glaisyer and seconded by Marvin Bodine to amend his `motion to $10,000 Bond. Motion passed: All yea. Bodine, yea; Glaisyer, yea; Kingsford, yea; Williams,. yea.. Agenda Card Ellsworich reported on the Park; and his meeting with Lloyd Black, .BOR. Three (3) 2 alternative plans from wh.i,ch the Council is to select one (1). Ellsworth explained the.;plans, Bodine. suggest that the City pave all parking areas that they can, Williams. stated that we need lighting at the ;same time as pavings. Ellsworth asked concerning ..the Councils desire ~o pave. as much as;possible. ~ The Motion was made by Marvin'Bodine and seconded by Richard Williams to proceed with Plan 2 with modifications in paving', :Motion passedc Bodine, yea; Williams, yea; Kingsford, yea; Glaisyer, 'yea. Agenda: Pat: Joy read the letter-from Idaho Construction, 3 The project was discussed,', Agenda Pat. Joy read:AMEIVDEP ORDINANCE NO. 31'~ entitled: AN ORDINANCE ANNEXING AND E©NING CERTAIN q REAL PROPER`L'Y' WHICH. IS DESCRIBI~D AS FOI,,LOWS: A PART OF THE ~ l,l2 OF .THE W ~.,/'~ OE' t;tgf:'-'1'IcAfd ;!~ 't'q ffl• r ip, IGJ,. ~ '(e,h~l~. ~ la~Ja ~'~'+t 1Pl'1'",', fUdxll~~~, 'Ih~ '1't11~ !''k'1"k Irtt''~`~F~I4~C~~~~~~p~;Y+l~3~~-~f PROPERTY IS ADJ,ACEN'~' ANA CONTIGUOUS TO THJ~ CI'T`E OF' MERIDIAN, ApP. COUNTY, IDAHO. The Motion was made by Grant Kingsford and seconded by Richard Williams that the rules and provisions of 59-902 and all rules and provisions requiring that Ordinances be read on:three different days be dispensed with and that Amended Ordinance Number 317 as read be passed and ap~~x'oved. Motion pasted: Williams, yea; Bodine', yea; Kingsford, yea; ,Glaisyer, yea. Agenda The letter from Nu-Pacific was, disoussed. They are to be scheduled-.for the Octoher 2nd 5 meeting. ~_- Meridian City Hall ~' ,, April 3, 1978., Meridian City Council meeting called to order by Mayor Don M. Storey at 7:35 P.M. Councilmen present: Richard Williams;Marvin Bodine;Grant Kingsford;Joseph Glaisyer~ Others present: Carl B. Ellsworth; R. James Coleman; Tom Grote; J.Stubblefield; 4 Dennis King; Mike Preston; Tom Turco; Terry and Angie Fordham; Janelle K. Bissell; Max Boesiger; Gary Green; Richard Shults; ~ Bruce Stuart; Vern. Schoen; Roger Welker; G. Brett Sparkman; M. Eabysk; Lynn Harris; Kevin Ross; Wayne Crookston Jr. Minutes of the previous meeting were read and approved. Agenda Tom Turco, representing the District Health Department Board of Health, reported 1 that the Board of Health had turned down Glennfield Manor and Sunnvbrook Farms on a proposal for interim septic tanks for aproximately 12 homes. Mr. Turco questioned the Council's feeling about this proposal and stated that the feeling of the Board was that perhaps the City did nat want this type of development around the Meridian Impact Area at this time - until the sewer plant cane on line. He stated that the Development that serves about 50 to 74 homes can put in septic fields that meet with the Board of Health requirements. This would probably result in some sort of contractual agreement for inspection by the City and ,perhaps maintenance by the Developer. Also, he reported that he saw a plat for Settlers Village, proposed community septic tank, Cherry Lane Village, Franklin Square and James Court. Probably more developers will come with more of these in the interim. Mr. Turco stated that he was present to r,.,~quest assistance from the City Council.. concerning the installation of septic tanks in an area that will be eventially provided with sewer. Mayor Storey stated .that the City will_go by the Board of Health's recommendations. ', - _ if that is the health regulations. ~~~' Mr. Turco stated that any system will have to meet the Department's standards '~ and asked if the City .Council desired them to go ahead and approve these proposals ~~ on an interim basis until the new sewer plant is on line. ~i~' Lz. Richard Williams spoke concerning the Cities policy for the developers to come to sewer when the sewer comes on line and that anything approved should be for less than one (1) year. Developers coming for approval is with the understanding that they will be on line when the sewer plant is ready to go and that they will have to lay the trunk lines to connect at that point so they will be on line within the year. The interim systems will be abandoned at that time. Mayor Storey stated that they will have to lay their dry lines and so forth. Mr. Turco agreed and questioned if 60 days is too long of a time period, the Department can release the sanitary restrictions so that the developers have to hook on to sewer at that time - this is probably how they will relase sanitary restrictions on the Plat. Mayor Storey replied that if weather conditions permit the hook on should be completed and that the City is willing to go along with anything the Department of Health approves. Mr. Turco will take the Mayor and Councils views back to the Board meeting to be held the 12th of April. Max Boesiger, developer of Sunnybrook Farms, stated that his development anticipate a short time of beingon an interim measure. He does not anticipate any hookups before September. Mr. Turco spoke gain that the Department of Health did not want to force something ~~ onto the City of Meridian that it did not want. Grant Kingsford asked concerning a resolution. ,_ Richard Williams stated he is concerned about "the when available concept". The resolution should be worded as approval of the field drain-septic tank as an interim measure until the plant comes on line. This will force developers to come to the sewer lines when the Plant is available. y f4-~t•^r C~.ne.,.ngr e+}nF^ri }'}inF Flee !~~ F,~ }..tn ^.~ .+.~...i~r.,v~r. ~.. '•{~n }. Tn,111'~1°~wn Tf~ l f~P~R!~..^F1(11 F°tt :153 Lu l+L+-, 1. L.+ Ll... 4r.. +.r .: 1. •+ ..~.+1 tuLl... -~~~ ,. .2. April 17 ~ 3.978 Meridian City Hall Richard Williams discussed the overlap with the City of Boise east of Cloverdale. Thin area should be singled out as it relates to drainage sad w~~t® disposal only. The Mayor had talked to the Mayor of Boise and there wasn~t any Problems as far as either were concerned as to the lines drawn by the Meridian Planning and Zoning Committee. The Motion was made by Joseph Glaisyer and seconded by Marvin Bodine that the City approve the Impact Area as constructed by Planning and Zoning and that the City Attorney draw up an Ordinance to-that effect. Motion passed: Williams, yea; $odine, yea; Kingsford, yea; Glaisyer, yea. Agenda 3 The Mot aalwUse Permit gor 35dE~iIdahosfordaslawyers offs o»iloaated in then Conditi Original Townsitea be granted. Motion passed»''Williams, yea; Bodine, yea; Kingsford; yea; Glaisyer, abstained. Agenda 4 The next item of business was the Crestwood Industrial Park agreement to oonnect City Sewer. .The Motion was made by Richard Williams that the Crestwood agreement be tabled; for engineering review until the next Council. meeting. Motion died for lack of a second. • Agenda 5 Dennis Lee was present representing Mountain View Equipment. This coaerns the trailer parked at Mountain View Equipment and was ordered by the Mayor to be taken from the table.: - " ~. Mayor^ Storey stated that the trailer had passed a fire iaspectioa by Fire Chief, _. ____ _ - ]~ogei~ ~te].)x~r, and -that Mountain -View Equ~pxneat was as"lciz-g for. two ~~) more permits. Mr. Williams dtated wbst h® would liks+ t9 seer- the _+smaller .trailer Moved ,and esssuranc~ that they would all be moved by the first of the year. Deaais Lee, Manager, spoke about the problems of Mountain View in moving during tho aumYner months and that they would probably b® aaoved by the first of the year. ,~ This movement depexded on financing and they are working with three private ooacerns. The Mayor suggested to the Council that a Conditional Use Permit be granted to Mountain View Equip~meat until January, 1979• Mr. Bodine questioned Aennis Lee as to possible future requests to use•trailerm. The Motion was made by Malvin Bodine and secoad~d thatatheg pproval be reviewed ~ that temporary approval. be ~aated in January, 1979• Motion pas~ed» Williams, yea; Rodin®, yea; Kingsford, yea; Glaiayer, yea. Mr. Lea, Manager of Mountain View Equipment, ofFered assistance oP a backhoe in the .park tree planting. Agenda 6 Sunnybrook Farms was next discussed» Larry Sale, J-U-B Ehgineer, was presentiroa~rand aicritiqueionttheadeveiopmentbrook Farms. Mr. Sale gave general discript Sunnybrook Farms Phase I requests three (3) variances;(per letter on File with these minutes) over length of Blacekcoaditionaltoaa ®view of aeinterim septio~agi'eement with requested tha$,aCCeptaaCe b the-City on inspection and maintenance pursuant to City policy. Grant Kingsford stated that the City had been denying the four (4) foot sidewalks. Richard Williams stated that he was displeased that this was submitted in auoh as untimely fashion after the agenda was approged. Mayor Storey stated that beca8s~ha~ th aSubd3viuio~lbeeallowed tosgoothrough.hat is fairness to the contractor Max Boesigar +epoke on preliminary sad final stages. H® also dieoussed sew®r hook- ups and concurred with the Council th.At it is the coaetrnctors responsibility. Meridian City Hall .3. April 17, ~.97~ The Motion was made by Richard Williams and seconded by Marvin $odine that Zal of Suaaybrook Farms Phase T Final Plat be granted with the variances of: length of 1,103 fast; all local and minor streets fifty (50) foot right-of-ways with five (5) foot easements on each side; that all unite be single family residence and that the developer connect to the City sewer lines at the develo~rv~e~a ®roval. of the new Treatment Flant goes on lin®, subject to ~3ngineering app Pp the City Departments. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. Agenda 7 Joaep~ Glaisyer requested a map of Settlers Village Subdivisioa. Ths Mayor read Ordinance No. 323 entitled: AN ORDINANCE PROHI$ITING THE OPEN BURNING OF ANY OUTDOOR FIRE IN THE CITX OF MERIDIAN, AAA COUNTY, IDAIiO. The Motion was made by G~aat I~fngsford and seconded by Joseph Glaisyer that .the rules and provisions of 50-9002 and all rules requiring that Ordinances be read oa three different days be dispensed with and that Ordinano® No. 323 be passed and approved. Motion passed: Williams, yea; Bodine, yea; Kingsford, yea; Glaisyer, yea. Agenda 8 Agenda 9 The Mayor inquired about the status of a pornography ordinance. The City Attorney stated that this was being worked on. Riohard Williams questioned whether the Garden City Ordinance had been tested. The next item of business concerned United Cable Television. A presentation was given by a representative from United Cable Television Corporatioi. ~. Mr. Van Louck stated that the long legal battles were over. New technological developments will allow more services to Meridian to include Satelite Transmissions, Home $ox Office and others. .Studies show Meridian is a good ~aa~°ket for Cabl® TV. In the sear future they will make a formal presentation. Agenda 10 Wallace Lovaa, representing the Cherry Village Golf Goatee Committee, reported that the Golf Committee met to consider hiring a greens keeper. They had three interviews and concluded a First, second and third choice and are 'requesting Couaoil approval to hire an individual to come on 30 days before the Course opened or 60 days if Mr. $aldock will furnish one-half of the wages. Mayor Storey thought it was premature to hire a greens keeper until thugs are more settled. There was additional discussion. Mr. Levan stated that the average .wags rate for greens-keepers is this area is 812,000 per year. A used mower had been viewed by Mr. Levan and Mr. Bodine at Eagle. Mayor Storey stated, Mr. Levan concurred, that the agreement was for the City to take over after six moorings. Another matter had also come up, Mr. Levan stated, talking as az~ individual, that there was a group of people interested in forming a cot-potation for the propose of leasing the Golf Course. They propose building a Ciub House, Dining Hall, Snack BaF, Locker rooms, Sauna baths, Hand .Hall Courts and also propose trying to complete the remaining sine hole+a before the Leavitt Nu-Pacific Pbase II in is _ operationm The group is in need of along term lease frees the City. 1'hie would be left open. to the public and a 54 year lease obtained. Th®y would have their own equipment sad also eater into a set fee for the City plus a per Dent of the profit. Richard williams Felt that the idea had merit but had some concern on green Ease to keep them is lies with the rest of the area. Mayor Storey stated that he ,felt that this may ba a problem with commit~g the City to along term contract. • Sunnybrook Farms #1 page 2 appear on the plat. 1f you have any questions, please feel free to call me at 384-8447. Sincerely, ~~~ 0 ~~~ Robert G. Sorcic, E.T. Engineering be Enclosure cc: City Clerk - City of Meridian ~ Ada Planning & Zoning OO 5903 Franklin Road J-~-B- ENGINEE~, INC. Boise, Idaho 83705 April 10, 1978 City Planning Zoning Meridian City all 728 Meridian S reet Meridian, Idah 83b42 Dear Planning Members: Telephone (208) 336-5850 Please co sider this letter a request for variances from the following sections of vo r subdivision ordinance: 1. Sect on VI - 3. Blocks - b. Block length shall not exceed 1,000 feet We request that Block 2 of Sunnybrook Farms No. 1 Subdivision be a proved with a length of 1,103 feet. 2. Sect on VI - 1. Street Requirements - d. Street right-of-way. Local and inor streets shall be b0 feet. ~We request that all local and mino streets be accepted with 50 foot right-of-ways with 5 foot ease- ment on each side. P- that this . Thank you MF/na ~idewalks. Shall be a minimum of 5 feet in width. We request sidewalks only be.required to be 4 feet wide on all streets in phase of Sunnybrook Farms.. for your consideration of these requests. Sincerely, J-U-B~EnNGINEERS, Inc. ~i~' Mike Frost Project Planner ENGINEERING-PLANNING-SURVEYING. ~~Ue~ 5903 Franklin Road Meridian City Commission City Hall 728 Meridian Meridian, Ida J-U-B ENGINEERS, INC. Boise, Idaho 83705 Telephone (208) 336-5850 January l6, 1978 Plannin & Zonin j j g g ~c~ ~ ,~ G.l rpjat7 cJ ®°~''D lllc ~~-1^'fn~ f ~~ ~ .e a~ treet 0 83642 Dear Committer Members: We reque~t that the following variances from your Subdivision Ordinance be granted: 1. Tha~ 4' sidewalks be approved rather than the 5' sidewalks req iced. 2. Tha Blocks 3, 5, and 7 be approved with maximum lengths in exc ss of the 1,000' limit. Block 3-1,150', Block 5-1,175' and Block 7-1,250'.) 3. Tha~ Misty Place Culdesac be approved with a 450' length rat er than the 400' length required. 4. Tha~the streets be approved with 50' right-of-ways with 5' eas ents on each side rather than with 60' right-of-ways. Your fav~rable consideration of these matters will be appreciated. Sincerely yours, J-U-B ENGINEERS, Inc M hael L. Frost MLF:dm ENGINEERING-PLANNING-SURVEYING lJ April 18, 1978 Herald Cox 115 W. Idaho Avenue Meridian, Idaho 8361,.2 Dear Hearld: • I am sure it was the intent of the Council last night upon its approval of the final plat of Sunnybrook Farms, that it was the City~s intent to accept the temporary sewage disposal system or maintenance from approx- imately September, 1978 until the end of the year. It is understood, that we the developer, will reimburse the city for its maintenance and inspection costs. It is also understood, we the developer, will make the final connection and hook-up to the main trunk line when the main trunk line for the sewer is available for operation at no cost to the city. Thank you for your whole hearted cooperation. I am respectfully yours, A. esiger Developer MAB~jkb cc: Mayor Don Storey City of Meridian, Councilmen JUB Eng. - Larry Sales ^; '~ ~:~" ~ - - ~ ~ ~ B ENGINES S ~'~~~f~~ INC. .~~ 5803 Franklin Road 1=Nt~IN~~RINQ-PI-ANNINQ--~SURV~YLNQ ~ April 17, 1978 Mayor & City Council Meridian City Hall 728 Meridian Street Meridian, Idaho 83642 Dear Mayor & Council Members: Boise, Idaho 83705 Telephone The Planning and Zoning Commission approved the Final Plat of Sunnybrook Farms at it's April 10 meeting with variances from the following sections of your subdivision ordinance: 1. Section VI - 3. Blocks - b. Block length shall not exceed 1,000 feet. We request that Block 2 of Sunnybrook Farms No. l Subdivision be approved with a length of 1,103 feet. ___ _..a: 2. Section VI -. 1. Street Requirements - d. Street right-o y~___ Lacal and minor streets shall be 60 feet. We request that all local. and minor streets be accepted with 50 foot right-of-ways with 5 foot ease- meats on each. side. p. Sidewalks. Shall be a minimum of 5 feet in width. We request that sidewalks only be required to be 4 feet wide on all streets in this phase of Sunnybrook Farina. We request that you concur with the Planning and Zoning Commission's actions and. approve Phase One of Sunnybrook Farms as presented. Thank you for your consideration of these requests. Sincerely, J-U-B ENGINEERS, Ine. I ke Frost Project Planner MF/na ^ "~' 1 Mr. Herald Cox, City Clerk Meridian City Hall Meridian, Idaho 83642 Dear Mr. Cox: a . November 14, 1977 Please consider this letter as an application to annex our property which is located South of Ustick Road and East of Ten Mile Road. There are 132,7 acres situated in this parcel. We request that the entire 132.7 acres be zoned Residential "A" upon annexation to the City. (See the attached map and legal description.) There is no proposed subdivision name for the property at this time. Development plans and a preliminary plat will be submitted for Planning and Zoning Commission review following annexation. Thank you for your consideration of this request. If you have any questions or if you need additional information, please call me at 345-1656 or Michael L. Frost at J-U-B ENGINEERS, Inc., 336-5850. _~ Sincerely, i ~ ~ ~l~ ~ L~ ~ [.jam /,/ _ Max Boesiger, Secretary B.B. Corporation MB : dm Attachments J-~,J-~ ENGINEERS, ANC. 5903 ~Iin Roatl -Boise, Idaho 83705 r Project: 7771 Date: November 14, 1977 DESCRIPTION FOR B. B. CORPORATION. ANNEXATION TO CITY OF MERIDIAN A PORTION OF THE E 1/2 W 1/2, SECTION 2, T.3N., R.1W., B.M., ADA COUNTY, IDAHO (~ The E 1/2 of the W 1/Z of Section 2, T.3N., R.1W., B.M., Ada County, Idaho; EXCEPT: i~ p CI Beginning at the Southwest corner of the SE 1/4 of the NW 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837.21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2, to Ninemile Creek; thence following the said Ninemile Creek in a Southeasterly direction 1,005.50 feet, more or less, to a-point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2; thence Westerly 519..75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point of beginning; ALSO EXCEPT: the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, comprising a net area of 132.7 acres, more or less. Gary L. Rodenspiel, L.S. DMP/DGP:dm Prepared by: J-U-B ENGINEERS, Inc. ~~.,_- C~NTRAL DI ~ RICT E~EALTH DEPARTI~LPdT MAIN OFFICE 1455 NO. ORCHARD BOISE, I DAHO 83704 TELEPHONE 375-521 1 Mr. Eugene Wright, P.E. J-U-B Engineers 5903 Franklin Rd. Boise, Idaho 83705 Dear Eugene: ~~, Serving the counties of ... . m. .,. Eimmo March 24, 1978 This is to inform you that the Central District Board of Health, at their meeting on March 23, 1978, further clari- fied their decision on Glennfield.Manor and Sunnvbrook Farm Subdivision, located West of Meridian. Their decision was to deny the requested variance to allow the bottom of the field drain trench to be 2 feet from.the water table and not approve an interim system. Since Meridian Public Sewer will be available in early 1979, the decision of the board was development of these subdivision$ be postponed until they can be served by the public sewer. Sincerely yours, w a s J. n ns .H.S., irector Env nmental Health cc: F.R. Dixon, M.D. Dick Rogers Linda Lund Davis ~onrad Ring Meridian Planning & Zoning le Max ~l. Boesi er ~ic. g Cseneral contractor & Developer 123 RIDI ~ 8T. 1NERIDIAIY, ID 83642 208-888-5241 JUN 2 0 RECD June 20, 197$ Mayor Donald Storey City of Meridian Meridian, Idaho 8361,.2 Dear Mayor Storey: On April 18, 1978, in a letter addressed to Herald Cox, City Clerk, we agreed to hook up the temporary sewage facility in Sunr~ybrook Farms Phase I to the new main trunk line when it and the new city sewage facility was operational, which is now estimated to be some- time in February or March of 1979• This letter is our formal request for concurrence from the City of Meridian that the City will accept this temporary facitlity for maintenance and operation until the hook-up is made to the new sewage facilities. We wi]1 make this hook-up immediately upon availability for service, but in no case longer than 60 days, depending upon weather conditions. This hook-up will be made at no cost to the Oity of Meridian. Thank you for you co-operation, I am, Respectfu7.],y yours, r Max A. oesiger cc: City of Meridian Councilmen Richard Schultz Gene Wright, J-U-B Eng. I1~IDEPEI~IDEI~ICE PARK nn roo ~ rms~ ~ d MERIDWIY MABCO, IIYC. BOESIGER PARK MOQIYTAIIY HOME BOISE ~L ®~~ CT EALT'H [P~~~T ~ MAIN OFFICE ~ ,,,~, 1455 NO. ORCHARD Serving the BOISE, I DAHO 83704 counties of ... . TELEPHONE 375-521 1 J u N E~cae June 9, 1978 Mr. Clarence Planting Ada County Recorder Ada County Courthouse P.O. Box 877 Boise, Idaho 83701 Re: Sunnybrook Farms ~~1 Dear Mr. Planting: This office has reviewed the plat for Sunnybrook Farms ~1 and wishes to retain sanitary restrictions until such time as the design for the community sewage .system has been approved by Regional Health & Welfare. Sincerely, 7`~'~'-~ G~/~~ Nancy Goodell, E.H.S., Environmental Quality Specialist II cc: James J. Jenkins, Director of Environmental Health Conrad King' Doug. Stanton - J-U-B Engineers U.S. Department of HUD Dick Rogers amity of Merdian NG/le y • p"' ; / DIE~'A]~TR~1E~'~ ®1~ ~IEAyrT'Ig ARTD W1EL]~A1t1E Division of Environment 801 Reserve Street Boise, Idaho 83702 May 30, 1978 J U N p 2 RECO Mr. D. Michael Preston J-U-B Engineers 5903 Franklin Road Boise, Idaho 83705 Re: Sewer and Water Plans for Sunnybrook Farms No. 1 Subdivision Dear Mr. Preston: We are returning one approved copy to you, are retaining one, and are forwarding one to•the Central District Health Department. Sincerely, ~~~ Frank Keller, P.~. Environmental Engsneer FK/rb Enclosure cc: CDHD (w/enclosure) City of Meridian i/ ENGINEERS M~CARiER aNO i~~~ER, CONSULTING NC. ENGINEERS PHONE: AREA CODE 208 - 344-0676 • 327 NORTH 27TH STREET • BOISE, IDAHO 83706 May 15, 1978 Board of Directors I Nampa ~ Meridian Irrigation District 1503 First Street South Nampa, Idaho 83651 Gentlemen: We have reviewed the Sunnybrook Farms No. 1 plat and find that no provision has been made to pipe the Rutledge Lateral on the north side of Cherry Lane and no right-of-way has been shown on the plat. The recorded right-of-way in this section is 40 feet, 15 feet on the left and 25 feet on the right. Since Ninemile Drain is a Government drain, the Boise Board of Control should be checked-with. No provision for surface runoff has been provided to retain street runoff. Yours very truly, William H. Tuller, R.E. WHT:KW cc: Herald J. Cox { • • ADA COUNTY HIGHWAY DISTRICT LEON A. FAIRBANKS, PRESIDENT 316 E. 37TH STREET LC. BASS, VICE PRESIDENT BOISE, IDAHO 637oa MIKE SILVA, SECRETARY PHONE: 384.6936 May 10, 1978 J-U-B Engineers, Inc. 5903 Franklin Road Boise, Idaho 83705 Gentlemen: Re: Sunnybrook Farms No. 1 I have reviewed the street plans and hereby approve them for construction. Enclosed is a copy of Standards taken from the Manual of Uniform Traffic Control Devices. Please insert this in your plans as a change order and in your copies of Ada County Highway District Standards and Specifications until such time we publish our new standards. Prior to filing for Surety Agreement provide all Drainage Agreements made with Irrigation/Drainage Districts and property owners where drainage from subdivision will be collected and carried away. Provide Drainage Report approved by Ada County Highway District and County Engineer. Provide estimate for construction of street improvements and drainage facilities. Notify client he is required to make deposit to Ada County Highway District the amount of $17,232.47 for future improvements along Cherry Lane (curb, gutter, 5' sidewalk, and 15' pavement. match along 912,02 L.F. on North side of Cherry Lane between Ten Mile Road and Linder Road). Deposit shall be placed in designated Road Trust Fund for that purpose. Make check payable to the.Ada County Highway District. Advise client there are certain forms . necessary to complete Surety Agreement and agreement shall be reviewed for approval by Ada County Highway District Corr~nissioners during their regular meetings held the second and forth Thursday of each month. Be advised, the Ada County Highway District, under House Biil H444, in emergency legislature, have become signatories tq the Plat. We will notify you as to what the proper certification format is to Robert and Kathryn Sangster P&Z Hearing 5.11.81 Misty Drive 888-4984 Council 5.18.81 ~ ian, ID 83642 466-4551 Page COMMENTS SANGSTER CONDITIONAL USE - POTTERY MAKING ITEM: 1. Vernon Schoen: I do not approve of this commercial use in a new subdivision. 2. Earl Ward: No comments. 3. Ric Orton: Recommend approval. 4. Bill Brewer: I usually disapprove of business located in a residential area. However, with times as they are and the nature of this business, clean, quiet and requiring 24 hour attention, I approve of this condi- tional use permit. 5. Richard Williams: 1) Do people that signed this know a kiln will be operating? 2) If approved, request building inspector and fire marshal approve installation and any necessary additional fire pro- tection needed. 6. Joseph Glaisyer: What about fire codes? Will this cause undo parking problems? 7. Roger Welker: Fire Department does not approve of this proposal. We feel that there is enough Commercial businesses in residential areas at this time, and it can cause future problems with the Fire Dept. The location of said kiln will be too close to property line and could cause damage to neighbors. P&Z recommended to the City Council approval, as long as all city codes are met. 5-11-81. 5.18.81 Council: The Motion was madeby Williams and seconded by Kingsford to approve the Conditional Use Permit to Robert and Kathryn Sangster, 2612 Misty Drive, for pottery making as long as it meets the City Codes, no classes are taught, retail sales do not occur on the premises.. Motion Carried. APPROVED ~f"~-- N ,~ i ~I ~I ~I ~I ti ._~ ~ e ( f, _.. r ~~_ ._ _.~ j (~, ~;; ~ ~ _ __, ~_ ,. __ , .~ '~~ _~ ~_t_ ~.. _ °-'~ - - _E _~. 1 ' ~ ~ ;- ~ r _. ~. ~_ ..~_.__. .'' . 1t ~,_,' ~ _-.~ ~- ~. + !.. -~ _. ( ~. ~ _ _r ..C .~ ~,. ~.. R ~ ~._~~ _,~1_.~ . ~ ,--, ~o ----- ~_ , ;, ,, -- ¢ , --- ;~ ~ 4 /~l, CE6~l~'RAL ~TRECT 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 Dear Mr. Planting: -~y~.~ HEALTH ~~~4RT ~dT 2 9 RECD Serving the ~» counties oj... . .~ F~ June 27, 1978 Re: Sunnybrook Farms ~~1 This office has reviewed and at this time can release the sanitary restrictions on Sunnybrook Farms ~~1. The de- sign for the interim community sewage system has been ap- proved by Regional Health .& Zaelfare. The. maintenance of the system will be supervised by the City of Meridian until the system is conected to central sewer facilities. The unit is approved for central water. Approval can be given at this time with the stipulation that the interim sewage system must be abandoned and the hook-up to central sewer completed within 60 days after the central. sewer faci~.ities become functional. Sincerely, IQancy Goodell, E.H.S. Environmental Quality Specialist II cc: James J. 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J: O N O W ~ -5 S ~ _..i -~ ~ C'F VI ~ ~ ro ~-r ~ -i c+ S ~-`~ ' ~ O O- ~ ~. ~ ~ `~ O D_ c-+ ~ fD n `* O (D ~ ~ L7 ~ n ~~ O CD " fL iv a ¢ v -cs '~' r+- :t~ s v, =, ~ ro ~-+ o ~ ~ cn ~. a ro m J. m S v ~ J QJ ~ ~. ly' O ~ ro ~...F, ~~ "f ~ ~ N o~ o. ~~ N ~ ~ cn Q a m `~ ~' 3 o C -+. ~ Z S ~ v ~ ~ O y ~ O' --I ~ • cv `a O ~ N ro a' cr `Q ~ ~ D rD <-+- i- O O~~ ~~ J N v `; L1 Ai ~' O ~+ TJ C7 D Q' ~ -s ~' ~ n ~. ~ ~ ~ ~ n r-+ I CQ O j .. ~ ~ C"1 = n -r ~ ,T1 ~ c"F Dl ~. 1_ ~ ~. SL < (n S]1 N ..~i ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~n -S ~ SL I O ~ O ~ ~ ~ to ~ O I 1' +, m ~ -, ~ ~c m ~ _~ I n I m n .~. g ~ ~ ? r_O ~ ~ I O !p-I ~~ ~ ~ O O ~ n m ~ II I c0'i- S _~, S C H Cn ~ ro ~ -Q ~ ~ O 'OS ~. ~ I ~-i 2y D N• L~ N fD a C7 ~ ~ fD ~ z 2 U~ ~ O ~ CD (y ~ ~ C7 _'. to N I ~G c'h ~.0~~ 0 ~C7 I"' x)`'10 ~ O N ~ `.~ O ;~, 1` m ~ ~ _O ~. Oi 'S Ly II ~ ~ Z ~ d ,~ ,1~•\\`,~ m O O O O~ O N~ ~ ~Sf Z b `~ z ~. sv c-h !L 7~ y I Ll 53S ~ z ~ t't ~. (n r, n a ~ ~ ro I V ~D O c+ ~.+ O I~ pp~~~G r" C7 ~ ~D O n. O y O~ Cu Dt C N `-' a I O ~. cn I ~" `~ y O 4 N ~~ ~ O I y 0 0~ ~ z .. ~. O~ I ~ I ~. O Q ~ O ~7 Cl. ~ C'F ~ ~, O N ~ 3 V ~ cp . ~ _ CT i ~ O ~ ~ '5 00 ' ~ O I I p~ O J y ~ ~ c-F I ~ '!'~ Q. cif ..,. Iz I~ ~ o a -C Ic+O dO '' °--O ' O -05 ~ ~O ' ~ j~ I !fD I°-p° F 3~~ ~n --~ ~ ~ ~ ~~ ~ o _ --~ i ! i ~ ' ~ ~. ~. o cn ~,. m I I I ~ I ~ ~ ~ ~ II I i a.~ o_ ~ J. ~ .. I ~ ~ i J. (D d. n I sv -5 v --+ o~ z m a ~ ro ~ ~ nm, v '° -o D~ W ~ ov p L w r ~ " a rD ro J. -c7 ~ cz ~ co-* v v ~. ~. `"~ -s cry ~ -s c n~ -~ fL n (n o- o -s c7 0 ~ '~ ~ ~ ~ J ~ o n, n. D L cn ' ~' ~,; o 0 0 ~ c~-+ a -a to ~ _, rty o ~ ~- -o J. cn J ~~ c-t ~D ~ ~ °' v_ c-f- a~ ~ ~' rD cn c-f -~ ~ a (D rt- v ~ .+ ro c+ - ; o ~ ~-+ - o n.. ,+ r~. cr cn ~-r o ro ~_ o ~ •~ W ~ ~ S \ J. J. J. c~ -p N T r ~ ~' C1J ~ ~D Ca• ~ SL fD IU ~. rn ~,o ~- ro o a v, ~ o ~ ~ ~ m ~-+ o d tv Cl f'1 to ~" O -J tU Q.. ~ 'S ~G ~ O •-~ ct cn ~ -h J N N O J T "5 O o~ J D ~ O C ? S C7 ~G fD CD J• ~ J• (")• V1 (Ll ~ ~ :o w a o m ~-i- ~~ v ~- v ~ ~ J. ..5 , c0 ~ v v~ c-r ,-r J. v, cn ~ -+• ~- o c+ ~ n~ ~ =., ~ a ~ O ~ Z7 p c+ -~ C7 ~ n• T • • 'rl ~ Q ~ ~ Cn c+ fD C O~ ~ ~ o ~ ~ ~ v ~ ~' p m c-r ~ O ~ ~ H p 1 ~J m J ( i p H n m ~~ A ~/ ~ ~ ` ~ ~ ~ ~ ~ ~ ~ I s ~~I ^ d iv ~ ~ ~ m n --~ n fD I ~ o C~• O• ~ ~ ~ _D N• a ~ I m n"I n ~ -fi (~ Z (D w O ~ 1` ~ ~~ ~ ~ ~ ~ ~~~~v o• ~ i ~ ~ l1' ~ ~ ~ _o J. a, 'S v a cn ~ ` ~ ~ ~-r -~. to -~. n ~ D ~- ro a ~ ~ c o ~ ~ ~ -~ '-" o °- ao o ~• in n fD C/) J J. Vl ~ J N ~ •• p I ~ ~ ~.O Q~ w r` ~, ~ Ov ~ v ' a~I~ ~, v o ~ ~ ~~ ~ ~~ o a ~~~ ~ ~z om-h -< c+ ~ ~+ v -s w c+ c--• Cn ~ ~ fD ~ fD tt ,, ~ Cl. D O 'S N O y `~` N ~D I 7C O~ lD 1 O c-+ ~ '~'1 IO ~i ~ C ~ ~~ I ~`° C.. D d 0 0 0 s ~ ~ o m ct V9 o r`+o - a ~ -s m -~• a ~ ci ~ ~ ~. n S N z 3 D r d ]> --I rn O I m ~ o m ~ ~ c .~ m v cn N 0 m c+ Q tz s N a c+ m w ---I ml giros ~ ~ -... k Q~ = Q ~ ~-• a o~ N 00 c+ W a ~ N x f ~ V ~ tD N t'D '~ O 'S J. J. Q ~ Q ~• ~ ~• ~ •~ .-. o,' ~ O O ~ (~ I-1- J. W • ~ ~~ -~ N LL a N O D ~. n. >y a .a a O a y ~r cn y O 0 Cl (/1 y ~~ c~ n -a 0 0 0 0+ ! i ~~ ~ ~ I , ; c , ~ ~ I ~ ~ in ~ • m + I i + I ! ! I I h J• ~ ~ •• I I ~ ~ I ~ ~ i r. ~ n ~ I ~ I ~ ~ fI ~ ~ ~ rn cD ~ ~ p ~ ~ ~ ,o -o D c W ~ oo ~ ~ 1 m ~ i A+ ~y r ~' O O ~ fD ~ . -± . 'S ;a ~• O oo O r fp ao C ~ G2 -p c-r ~. ~. ~ ~ , ~G tab J ~ , ~ ¢ c~ to Q' lD -s `G CT O' I~ 11 ~ ~ O; i (7 T. O (D O ~ -r N ~, O c c SL -~ v ~' ~ ~ ~ "f' ~ (~ C'f' ~ 0 ~ C"~' C O ~. C1 ro ~ ~ l"1' p ~ J. /-~ YI • ~ A ~.J• -O ~' c< ~. • cG T7 (n . -.- _ fD l7 C O ~ O ' ~ n S ~ O O ~ ~ fD . . ~ fD CCU J. {L fD . ~ c-a :Q S ~ S (~ ( 1 O • J ~ rp "'~ ' ~ ~ D :O O ~ O O J. C~ Lu ( S ~G ~ O ~ (~ - y ~- O ~j "S Al (p c t y t -fi _ a- ~ ,5 O ~ ~ ~ J. ~ "'S Z S O f'> OJ --h ~ • G7 ~ ~ y "S O fD J. (p J. C1 . VI fD N ~ ~ :o a a~ o ro ~+ a, ,~- w _, ~. ~, O w <n r+ ct ~ cn • fn ~ J. S O c+ Z7 n .c d A~ O p 'S '5 r+ N =, p p J, O -s r.i a. rD n O O ~ D c-f- . -~ ~ J, fD y' ~ ct ~ O n ~ ~ A h ~~ J. /7 .. '1" T I ~ ~ J. sv ~ ~ °' Vf c-i' (D J ~ W y J• p O o ~ . j ~ a p y O m c-t ~ --' m _, ~J O T H n m ® ~ ` ~y 1' v V 71~, ® -E- ~ * 4~ C~ ~ m ~ N D C7 ~ n O a m Z ~ ''-' ~ N ••• ¢ ' J. t 'D ~ J. ~ ~'p ~~ n n O ~ O J ~ VI•.II N -~• v to O O O ~1 d -S ro ~ ~ o 0 =7 ~~ _ C~- s ~ ~ ~ • O• Q J I ~ N II' I ~ o I I J C'F' cn ~ r~o I D.. ~ C ~ I I I I ~ + I I r o ~ Iv pp ~ ~ O ~ ~ ~ ~ ..- ~ J S N V i -+. V J. a ~ ~ ~ cot• ~- -S y ~ -'h cy... ~O O I L ~C.~~ (,J J. ~ f'.~ n \ --~1 i-+ (]1 Q ~+. (L ~ D J, tL ..S y ~ ~ ~ O _, O V N N o w y a ~ ~ ~ fl, c+ to ~ i...f. _.. y J. n m~~*~° a O -~• y C1 I• -hQrF I y , O >L SL ~ J I r.l 0 fl. _. ~ I~ ~. O I N ~ •. ', 'S O ! T1 ~ ~ ~ ~. ~ N I• TTn '~•..l ,Y z io m ~°, i -< ~- ~ ~~ im c+ltn p 1I c+ O I~G .yam I ~ •\ ~, I ~ i ~ I N m ~ O ~n I ' ~ I R ~ 111 I c-r o-! ~ I~ IO 1~ ~~ ~ IO j c., n a o ~ o O" O O O O ~ 2 ~ m -~• a ~ d ~ J. n s y T o m z r,) • c rn ~ I ..~ 0 ~' O a a, c+ en 0 Z O H 0 z n r!, c N m ~~ N y c-F m -s 1 -{~ Z N 3 A r O D -i m 'S m _o A Z r n 6 w U~ D Z ti O z y~~ ~7 .~~ V fD N 'S W Q. ~ J. a Q .-~ w' o~ N ~ ~ W :J1 -O N i ~ ` . ~' CITY OF .MERIDIAN ~ , l . ,, -{~. • ~: m. ," ~ 728 Meridian St. ,Meridian, ID 83642 ~ , . : ;~ `~~.i ,.~ VARIANCE APPLICATION ~: . . ,' (RE:`' Meridian Zoning Ordinance- ^~~ ;~'' 4, . _ . ~.. - 888-4954 '' ; NAME: Robert'and.Ka n San star ~ PHONE 4664551 F Owner or o der o valid option ~~ '~ A~7DRESS: 2~12'Mis~: Dr'. Meridian ~D ~`t i ` ` ~;GENCRAL LOCATION ~ SUZVrntBROOK ~~Rrts euer~~~s~N . ~~ ' ' 4 ,, ~~ ; `i ; '' ~LCGAL DESCR~PT~ON QF:PROPERTY: , tl ~. ~;, ~ ~ ~ s ~ , ,f • 4~P~ - ~ . t . Lr.. ~, PRDOF OF O'~INERSMIR. OR VALID OPTION: A copy of your property .deed. :or ap ion _ , c ,. ~a~g~eemer~t:,mt~st be~attached~.;," _ .,,~ ~ " ;PRESENT ZONE CLASSZ.FICATIONL~ "~'~ Res3.d~nt¢al C®nc9xti.onal Use "fmr 1~o~ttexy TCi~.n ~, ,C~arfi~d 5r 7 £i ~.1,..T. _ ': " VICINITY SKETCH: ~ A vipi~nity map at a scaleapproved by the Mayor showing `~ ks ~~; ~ . " ,property 17.nes,<streets existing and proposed.;zonina -such other itams and ~'~` . __ _ . as-.the May.ar may require. a _ .; SURRQUN.DING PROPERTY' OWNERS: A 1 i st of all. property owners 'and addresses " ~ A wi thi n conti guo:us "to, di rattly across the street from, and within , a .30,0' ~; - °, ° ., radius ,of .the parcel, (s') proposed for a Variance must be attached. ~. , ~ , .~~ =-,' (T~Pis infprmation is. available: from the County Assessor,) See Cona3tioM~3. Use . Pe~tt~.•~ ,~ , ~ : r DESCRIPTION .OF' PRQPQSEp' VARIANCE: Request a ~ setback varyan~e on tli~ ~ a< ~ , ~ east. side o~ Potte Kilri, ~ ~ ~ ~- ~ 4 t ~ ~ ~ ~ ,~ - . _ , r • SIGNATURE: ,, ~~" CITY'GOUNCIl. RECORDS ~ ' r;,. * .. ~z~". ~~; ;' , ~ . ' Date ~Recei ved City Counci 1 Hearing Date .~.,27....8.L ~~~ t f ReCei Ved By L, Niemann. City Cle~1c ~ 1,g,8,„„ ` ``' i;- ~ ,'. ~ i ~' .~ - ,~~~~ a r e I ~ ~I I ~i i I i QI i I ~ ~ OI I ~ N I-~G ' 3 i.a +' ~ ~ I c'~'n o c1- ~G W ~ ~~ ~ C~~ i Y i v N ~ ,~,.,> pMp ~ O I N 5~. p Q 'D I 41 to N +~ -v I ~ N c ~ C +~ I m s- ro +~ C G y- N Oi ZI I ~ of ~ 0 rC3 ~--~ •r- ~ O~ Q I Z L ~ 'p ~ = S_ • r ~ Z3 ~ H ~I D ~I I OO a ~Vp RC rtS • C N ~ I cn ,~- ~ i' C''i C r- ~ O II r- O .. '~ V1 Z C N U I •r '~ ~ V) O N'~ O m U N Iii = 77~~~ ~ ~ ~ N ' ' ~ C 4J I- d C p J ~4 Y+ O ~ -I-~ O O ^ I E +~ p ~ V1 X U •~- N .~ .1-> ~ ~ ~C 'd Y (p -I-~ rt7 -N O O W ~° ~ Q O'DC ft7 ~ N O V p J QJ ~ ~ ~ A -1, ,~ ~ ~ o C1 rt I ~ r- ~ ~ ~ v .~ 019sr QJ S.. ~"~ W N Z' p~C~ .a II. ~C 5.. r0 '~" O C C ~ ~L.. ~ 4J O 1~v J C..~ ~ to N •r [] ~- ~ U 'Q N C i cn ~f C D W _~ N N ~ O O O~ ~ ~, ~",; ~ j ~ C C CL' l.l.. ~ 4 ~ •r (Cj ~ Q W I. U W N ~ Li ~ ~ O •r '-- U C w r S.. ~ C r~ ~ •~ O +~ W O N C rt7 ~ ~ II O Cl O .r I 07 a .r V1 I _ -N N aj C ~ u- 1' v ~ ~ I oL' 1- •~ ~ ~ , I ~ .. O Ol Q ~ ~--~ U C ~ Q C1 ~ L C ~ .- U N O D C 'Q N L +-~ ~ •S` C O ~ ~ ' U ~ +-~ O s .r C N 1 v7 •r ~ .N N rt9 C ~ -{-~ r ~ C ~ N N U C ~ (Cf O. ~~ ~ 4J .r. ~ •U = 'i 4l C ~ •II ~ ~ ,O C ~ ~ ro O i r- .,_.. ~ O fr ~ C O IV ,~ N rp L .rn r- O t N ~ `" O C R a ~ 'r" O C O U U n7 'p S. 'C7 r rN- ^ 4- C W a O -F~ •~ ¢ C r-- OJ C '~ W ,r v ~ '~ •~ N S` L O -~ ~ UJ ~ to S Q; .yam •~ ~ ~ ~ ~ N C7' L1. T Y ...C U 3 C N rl7 ~ L .C -~ L to ~ r ~ ~ O Ql ..C Q'i lp Sr s C O U Q1 ~ ~ •r •r R3 - OJ O O.. yUj OC C'S •r N O -1-~ ~ ~ G.I +~ 27 O +~ •C D S.. a ~--~ 4J •r .N M (/) .~...1 ~ Ll. '~ LZ .C ~ ~ 00 i. (n C .v ~ •>= r6 -E-~ r0 r6 O rp r QJ .~..i S C (n ~ OJ II r ~ (/') II. R1 •1-~ C QJ O >C U S.. (/') 3 Q •r •'- Q '- RS 1 t ..~ C C C .C 5•- N v L II _ V C _ ~_ U U Q ~ rt3 +-~ r6 ~ C ~ CO C O ~ ~ O O •r 5.. r .U ~ ~` C O7 L L i~> •~ •i ~ rC3 C ~ -O ~ ~ .~ ~r Q '"~ ~ J m 7 ~ I C`r 07 2' Oa \\\\\\~ ¢ DO.. Q: rt5 rtS • `- GJ Q1 ~ "a N r0 (U QJ -p .. i ~ ~ I U W U LI ~I QI Q U' c.I .. C ~ U ~ .U •~ f ~ I _~~ r. CITY OF MERIDIAN APPLICATION FGk A C~. +'~P]AL USE PERMIT' \ L--~ ~ NAME: ~2. 3 ~~.C ~~~-,, ~_~. Phone ADDRESS: a.~ ~a_ 1~~.~__ ~.~.~. ~.,~:"' ~~~ , c~; a~ "~~lr,..- ~,7•,J~/ GENERAL LOCATION: ~ ~„ ~ c=~..,. CATION: "Q" Raciriantldl S 'J PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circu- lation, open spaces, landscaping, refuse and service areas, utilities, .' signs and yards. ATTACHED LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS IiEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a PuY,1ic flc+ariny iu tl~e Meridiar, CiCy Ball on ~y 11 ,._,19~] at 8' 00 P-M-_ _________ _ - Meridian City Council May 18, 1981 7:30 P.P1. The purpose of the Hearing is to consider a CONDITIONAf, UaE PERMI'1' siil~mi Ltc~i by Robert and Kathryn Sangster for the property generally desr..ribed as located at 2612 Misty Dr. ~_ _~____ _____ ____^ _ SUBDIVISION SUPlNYBROOK SUB BLOCK~,______LOT NUMBER -~~-- To Install Kiln - Makin~~tonewarQ_RBttery_ ____ • • DESCRIPTION OF PROPOSED CONDITIONAL USE:~~~ ~'~5~~ ~ -~ --, ~. ~~ • • ,, - .=~ i PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use proE~erty line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all recauircd material. 3. TYiree-fourths (75~) of those persons living or owning property within 300 feet must agree to this Conditional Use before the pro~~osed use will be considered. 6dE THE UNDERSIGNED Da NOT OBJECT TO ~ -3 ~ C S USING THE PROPERTY r LOCATED AT~2\~ ~~~,~~ ~` .~ , MERIDIAN; FOR THE PURPOSE OF ~p NAME ADDRESS PHONE DATE i' ~-~ d --- ~''-~/ ~ -~( -~ _~ G __ ~~ d~ ~~ a - ~-~ ~dy ~ 1 _, _ ~ - , _ ~~ ~ , o ~ ~ ~~~ ~ 8~ rya Z-~-B! z 60 0 ~l~'-Sr'3 ~~~~~./ ~.~°'v.'rv ~ab .err®.v ,17~_ ~- Sze. ~ /t•~ ~~~,. ~f~G~- V ~~~ a -GO ~d~J '~~i o / 5r~ ~ -~3 g ~ z ~6; ,/ ~ ~ ,, Z5 ~ ~' ~ - ~~.~~- `~~~ fg'~ X 131 ~~ ~ --~-- a ~~~ r ~~~~ ~ 1.O'7' ~ 6 n ' ,` d t I }' I i i • 3 v y ~ rv m ~ ~ J. Je 0. ~ ~- ...~• O Cl, ~. J• ~ O_ .~ ~-• a o~ w J to ~ Oo .-~ ~. w rT ,.~ ~A N SL c7. r.r 0 cs~ n a a a a .~ o 0 a N ~+ d m Cl N N r~ n n -~ .-y ~ i ~ ~ ~ ~- -~ ~ C J ~. r~ i I r ! ~ , --~ fb .. iv fp fL : 1 ~ 1 (n ~ •a~ i '~ ~-. .._ ~ gip ~ 7 :ZI Cr W r" _ fU ~ =% ~, a _ to - - _+ , ~ ct~ p ~ .3 rP -> J. .r. -S ...~. 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RT a.6t~ t~~ ~~ ~ ~~r~~~,~~~~ ~ ~~~ { ih~ PuR~AS~ ~ `~ /hAKfNI~ ~i~ ~W~{~~ 9 ~ d" .. •• • PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required material. 3. Three-fourths (75~) of those persons living or owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. UTE THE UNDERSIGNED DO NOT OBJECT TO ~ .3 USING THE PROPERTY LOCATED AT ~ , M`\E`RIDIAN, FOR THE PURPOSE OF (4) d i F ~, ~~ ~ . f 4 ,'~` /t~ ~~_ r k s"~ ~i ~~.,~ 't{ i fi ' ,~ ~~ it s ~' 1 .... ~_. _._.. 6/~~. ~~~ ~~~ ~~~~ ~ ~Ql~ ~~ ~~~~ '_ d 1,. r ~,. ~, ~r • r _~ ~~<~. i ,~~ ~ ~ R~ ~', t C ~ ' ~. ' yy' ~ l~~~ T ~ T~ r T] ~ 1 .~ _ ~ Y ~ ~ Y ~ ~ ~ ~ .~ . Z' g K p / - z ~ ~ ` 'Ar Y I , .~ ~--~ -..iL~~ E ~ `~ ~L. ~.f R ~ .~ rt ~ • 1 U~DRA~? ~ .. , SPECIFEC~d,TI~NS: d ~f ®external dimbnsions: ~d'x5'xb~/2 8 ~~ ' ®approximately 24 cubic ff. of st ack- ~ '* ~ ~ in area _ „ g using 3 12 x24" ~ ~ .~ shelves, abreast. ~ ~ f . ~ ®ncrtural -gas or propane , ®flres evenly to cone 10 oxidation or , ~ r ~ ' reducti®n ,., . ~ ~ G R DIRE EI~TS• ~= ` 540.000 ~.T.(J . ;, ` - ~ ~ ~:' ~ ~ natural. gps: 500 cubic/ff/hr. * ~ ~ "~ ~~ ~ - , ~ propane • 250 cubic/ft/hr. ~- . ~> • ~. S ~ TE S~IIPPIC WEIGIiT f. A' . • 3`~ ~~'_ : /Y frann~ /burners/etc. 675 Ibs at cl . ass . ' ~F , insul •flon b ricks approx 26~ Ibs ~ at ~ /~ . /~ /~y c ! ~ class rYV 1 A ~~ q 33''' ' ~~iS~ I ~ - o~ f` .- - ~ .. h, a i r ~ F ~;: x~, ~ j f j ~ s ~ .. i r ~ i~~4 k `Y ,- r~ "`i .~. - ._ .. . ', -.' . . ,, ~; .ti., - - _ .. - .. - .. • ~~: S'' • .. * .. ` ~.. gyp' R 11 i ~~ Y ~ ~ ~. . - ~. - 'J - p ~ v . . 1 .. .t a qtr . _ ~E ~• to ,r, ~. - 9 n c~ --i z ~ 1 ~ I ~ , I 0 0 0 0 l i ~ ! 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(p J. n N CD ~ ~ ~ Q1 ~ (~ Ci' '~ sv c+ a ~ ct -~• -s O i11 V1 C'I' C'I' J• (n _ J• In O -'• O" O C'F '~ C7 ~ Cl. ~+ O ~ J ~ C"f I'p O O D . ••5 N Q. fD C7 -' O D 'O y, C"I' J. ~ ~ J. ~} a t~ . . to r j. ]a ~ n r+ .. -I CL~ O '•S --I S2o 3 --'• z n ~ ~ • • T O (D l"f' ty J• ~ ~ < C • J N c+ ~ w In .J. ~. p ~ (~ ~ "~ /~ O N O C ~' c -0 L.r ~ r-i O -S J. m O ~~ ~ J ~~ . .J. Q ~J f Q [ t ' ~ F ~~ m n O i-n z N z D rn n O 3 m z D -I O z N fD J. L D J. ~~ J J ~ n O ~ ~ J. "~ (~ ~ ~ ~ N (D C'~ J• (n N ~ O O • c-r -5 0 a 'S m O O c+ ~ ~ O fD O C1. N c+ J• J• Q Q. J. (n fti O >1 0- ~ O J ('~ J. "S J• IQ !Z Z O fD Q ~ O N fD O N 3 c'+ ~ s ~I~~ J. 0 n a c+ ~ -5 N -h c'F .. O ~ ." S J. ~ ~ ( / a ~ sv -~• a tG ~•} O ~ 'II ..... O1 '•S ~ -~ (n fD O -~ sv cs~ < ~ O ~ ~ (D ~ ° ~ NO" O i n m y Sv rF A~ T. V d '~ ~ ~ ~ C ~ N ~ w O J. to a ~ o W O ff - N 0~ n fn ~ J J• O ~ J y J• O Q7 ~ ~ •y J• N n z ~~ o 00 ct c+ N ~ fD Ct O 'S t/f O O --~ O 7C N fD O O O S O O O CD ct to -I c+ O- O fD >J1 3 Z m J. d O !?. Z J. n Z N 3 r D m T -n :0 3 O m m .~ • C H m o Cn ~--+ -1 z >y ~ s~sc'~ r O '.t4 O y /~/~ ~ Z .V ~ ~ z "'S ~( H H rl• ~ -I 2 ~ ~--~ L7 O ~ Z ~ n. ~ 3~ z xr o ~ C N c+ (n O ~ ~ Z z O ~7 N ~ :18 3 v N `!~~ ~. ~ ct ~ fl.3 fD x -~. [p Z x ~, -~ J. V d ~ r~ N ~ ~ ~ ~• 00 -;~ ~ ~ N l4 x O -P - • • ' CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ~ \~y S ~-, ADDRESS: ~,~ ~, '. GENERAL LOCATION: ~'„~ DESCRIPTION OF PROPOSED CONDITIONAL U`S,E.: ~~ ~o s2S ~ -~-~ ~.. 5~ JG CLASS FICATION: "A" Re~sidgntial s;~ 1~.sV 2 .~5. ~C~c Phone - y - ~~~- ~~i :ate. ~ ~ o~~~ ~ ~. ~.1 h ~, Y~e~~ PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circu- lation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. ATTACHED LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEIQ that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on av 11 1981 at 8:00 P.M. Meridian City Council May 18, 1981 7:30 P.M. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by Robert and Kathryn Sangster for the property generally described as located at 2612 Mist Dr SUBDIVISION SUPJNYBROOK SUB BLOCK 4 LOT NUMBER ~ To Install Kiln - (3) ~ ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hearing shall be held before the Planning and Zoning Commission of the City of Meridian, at the City Hall in the City of meridian, at the hour of 8:00 o'clock p.m, on the 11th day of May, 1981, and before the City Council of the City of Meridian, at the.-City Hall in the City of Meridian at the hour of 7:30 o'clock p.m, on the 18th day of May, 1981, for the purpose of issuing a Conditional Use Permit to Robert Sangster and Kathryn Sangster allowing them to fire stoneware pottery in a gas kiln standing on a cement slab within a fenced area on the east side of their garage located at 2612 Misty Drive, reridian, said pottery then to be sold at a location other than that of the residence located at said address. Any and all parties interested shall be heard at the above scheduled hearing. DATED: April 17, 1981. La ana L. Niems , ty Clerk AMBROSE, FITZOERAID, CROOKSTON & McI:AM Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 886.4461 `~ ~` (Re: # 7 Page 70, 12.19: Z7) ' ~~-~ ,, ~" ~~ ~ AMENDED ORDINANCE N~ 317 - ~di ~~ AN ORDINANCE ANNEXING ANR ZQNING`CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS`FOLLOWS: ADA COUNTY, M B 1W 3 R h ., . ., . N „ APART OF THEE 1/2 OF .THEW 1/2 OF SECTION 2, T. E IDAHO, TO THE CITY aFR MFRIpIAN, WHICH PROPERTY IS ADdAC~NT AND CONTIGUOI(S TO TH CITY OF'MERIpiAN, ADA COUNTY, IDAHO. ~ ; e City.CounciT ar~d-the Mayor of the City. of Mera.dian,:have conclud®~. ;th WHEREAS :"~ , that`.it is in the best a_nterest of said;,City to annex to said City certain real ,~ property which-is described as follows: .~ . Si1NNYBROOK FARMS ANNEXATION ~1' The E 1/2 of tlae W 1/2 of Section 2, T. 3N., R. lW:t a.M., Ada County,:Tdaho NW 1/4 Qf Section 2 f th 4 °+ "~ , e o EXCEPT Beginning at`the Southwest corner of the SE 1/ a County, Idaho, also said'. point being the REAL.POT_NT OF Ad B M 1W T 3 R ''' . , , ., , N., . BEGINNING; thence Northerly 837.21 feet along_the.Westerly boundary of the said id he- "~ sa SE 1/4 of the NW 1/4 of Section 2r to NineMile Creek; thence following t ` ' 7 ~ w~ , t''~ a , NineMile Cree]c in a Southeasterly direction 1,005.`50 feet, more or leis, to of the said SE l/4 of the NW 1/4 of Section'2~, d b e E,~' ~ ary oun rly paint on the .South thence Westerly 519._75 feet along ..the said Southerly boundary,df the SE 1/4 of , the NW 1/4 of Section 2, to the point~of;beginning'.. 73`feet of the 'E 1/2'of the SW l/4 of Section 2, T. 3N., t 414 - , ALSO EXCEPT the Wes R. 1W., $.M., Ada County, Idaho. AND ALSp;EXCEPT a parcel of land situated in the NE l/~ of the NW 1/4, government cribed d ~ es I,ot 3, Section 2_T. 3N., R. lW., B.M.,,Ada County,.. Idaho morer particularly id Segtian .2 thence along the f z ' sa }er o as follows: Beginning at the. north 1/4 cor na~th section life of said Section 2; N'89° 15' 41-" W 412.16-feet to'a point;. thence S Q°15"38" W 528.45 feet parallel to the mid-section line of .said Section 2; thence S 89°15'41" E 412.16 feet parallel to he north, sect-ion line of said N 0°15'38" e ~' ~~,~ nce Section 2 to a point on .the mid-section line of said Section 2; th section 1-ine to the real point of beginning, Ada id he n - g t m E. 528.45 feet alo County, Idaho comprising a net area of 127.7 acres, more or 'less. NOW THEREfORE, BE IT'QRDAINEP i3Y THE.. MAYOR AND CI~'Y COUNCIL OF THE ,CITY OF ,~~~~' MERIDIAN, ADA:CQUNTY, IDAHO. _ Section 1. :That the'-aforementioned r'ea1 property which is described as f o l l owl :. ''' SUNNYBROOK FARMS ANNEXATION - T. 3N, R, 1W, B.M., .Ada County, Idaho; ~ The E 1/2 of the W 1/2 of Section 2, , the SE 1/4 of the NW 1/4 of Section 2, EXCEPT Beginning at the Southwest corner of 1W, B.M,, Ada County, Idaho, also-.said point being .the REAL. POINT OF T 3N R ' ,. . ., BEGINNING; thence Northerly 837.21 feet along .the. Westerly boundary af.the said said g t'he foll wi t . n o hence SE 1l4 of the NW 1/4 of Section 2, to NineMile Creek; 'ta a r 1es e o s, re o t, m Ninemile Creek in a Southeas~er:Ty direction 1,005.50 fe id si= 1/4 of the NW 1/4 of Section. 2; ` th a e. sa ry of point on the`Southe~rly bound thenceWesterly 519.75 ;feet-;along, ,the sa=id;Southerly boundary oi` the SF l/4 of ' the NW 1/4 of-Section'2, to the point of beginning. ALSO EXCEPT tie West '414.73 feet of the E 1/2 of the SW 1/4 of Section 2, T. 3N., R. 1W., B~.M.~ Ada County, Idaho. AND ALSQ EXCEPT a parcel of land situated in the NE T/4 of the NW l/4, government Lot 3, Section 2 T. 3N,A R. 1W., B.M., .`Ada County, IdahoA more particularly h l/4 cor~-er of said Section 2, thence r ~ t described as follows: Beginning at the No rth section line of said Section 2; N 89°1:5'41" W 412.16r feet to a N c` o along the thence S 0°15'38'" W 528.45 feat parallel to the mid-section.l~ine~af said ~~' point; North Section line of th t r e o Section 2; thence S 89°15"51"' E 412.16 feet parallel oint on the mid-section line of said Section 2; thence ' n 2 to'a ti Se i p o c sa d N 0°15'38" E 528.45 feet along-~{ie ~-i~-suction line to the real paint of beginning, Ada County, Idaho', comphisi~g a net area of 127.7 acres, t~;~re or'less. f be and the same is hereby accepted, as requested by the owners, and made a part o a1 pr`o~?erty is hereby tuned ~i~i ra i ~ i ~ _ s h~ ~l~,{~a: ; t-fa~ ~ii-~ ~f ~1~~idi~rn~ ,~"ia r'nk.~nt.~ '"A{' ttes~identiai Section. 2. Than the pity Clerk shall :cause one:(1) copy of the legal'descript- as altered, ;boundaries th ; e ion and map which shall plainly and clearly designate be f i 1 ed with the Ada County Recoirder, Ada County Assessor,- `and t1ie. State Tax t o Co~ni'2ssion within l0 d_aYS fa?lowino the effective date of -this Ordinance. -. ,~ ~. This Ordinance shall be in full force and effect from and alter Section 3. ~ its passage.., approval and publication as required by law, `~ Passed by-the City Council and approved by the Mayor of the City of Meridian Ada County, Idaho, _. thi s 26th "day:,of, ,,September, .1978. r ~ ~1 ~~.. '~~ ATTEST~' - M' U -. ,r i~; ,~ jRe': #317 Pager 70, 12,19,77} AMENDED ORDINANCE NO. 317 ~~ "' AN ORDINANCE,ANNEXTNG AND'ZONING CERTAIN REAL PROPERTY ydHXCH IS DESCRIBED AS-FOLL0~t5: v APART OF THE ~ 1/2 OF THEW 1/2 OF SECTION .2, T. 3N., R. 1W., H:M „ ADA COUNTY, IDAHO, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO'THE '' CITY OF M£RTDIAN, ADA COUNTY, IDAHO, Y ... t~ 1 ;+ WHEREAS, the City.Council and the .Mayor of the.City of Meridian, have concluded ~ that.~.t is in thQ best interest of said '.City ~.o annex to said City certain real ` , ;`'~ property which is descr~.bed as follows ~. '~ SUNNYBROOK FARMS ANNEXATION 5 j The E 1/2 of the W 1/2 of Section 2, T. 3N., R. 1W:, B,~1., Ada County, Idaho, ~:~ EXCEPT-Beginning at the Southwest corner of the SE 1/4 of tht? NW 1/4 of Section 2, °,i T. 3N., R,'1W., B.M., Ada County:., Idaho,' also,.said point being the REAL POINT OF` BECILVNING; thence Northerly 537.21 feet slang the,Westerl~ boundary of the said ' SE 1./4 of the A1W l/4 of Section 2, to`NineMile Creek; thence following-the said ' NineMile Creek: in a'Southeasterly direction 1,005.50 feet,... more or less, to a ~\ point o~.:the Southerly boundary of the said SE ~./4 of the NW_1/4 of Section 2s , thence Westerly 519.75 feet along the said Southerly boundary of. the SE 1/4 of the NW 1/4 of Section 2, to the po~att- of beginning. ALSO'EXCEPT_the West 414.73 feet of the E 1/2 of 'the SW l/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho. ANA AIiSO EXCEPT ~. parcel of land situated in the NE 1/4 of the NW 1/4, government I,ot 3., Section 2 ~'. 3N,, R. 1W., B.M.,_Ada County, Idaho more particularly described as follows : Begi~xning at the north 1.f4 corner of 'said Section 2 p enc,e along the forth section. line of saa~d Sect~.gn 2; N 89° 15' 41" W x#12.16 feet; to a' point; thence S:0°15'38" W 528.45 feet parallel to the mid-section line "of said Section`2; thence S 89°15'41" ~ 412':16'feet,parallel to :the north section li`n~'of said Section 2 to a point on the amid-section 1ine,of said Section. 26:thenee'N Op15'38" E.: 528.45 feet along the mid-section line to 'the real :point of beginning,"Ada County, Idaho 'comprising anet area of l`27.7 acres, more or less'. NOW TNEREFURE, BE IT QRDAINED BY THE MAYOR AND CITY'.GOUNCIk. OF THE CITY OF MER~pIAN, ApA CQuNTY, IDAHO. Section ;T.hat the aforementioned real property"which is described as follows: _ SUNNYBROOK FARMS ANNEXATION ~' The E 1/2 of the x.7/2 of Section ~, T,.3N., R. IW., B.M., Ada County, Idaho; EXCEPT Beginnirig,at the Southwest corner of the SE 1/4 of the. NW.1/4 of Section ,2, T, 3N,, R,:1W, B.M., Ada County, Idaho; al SO Said point being this REAL POINT OF; BEGINNING; hence Northerly 837.21 feet along the Westerly bounda~^y of the said SE`1/4 of the,NW 1/4 of Section 2, to_NineMile Creek; thence following the.: said Ni nemi l e C1^eek i n a Southeas~er'1'y direction 7 , 005.50 feet, mare or "1 ess, to a paint on the Southerly boyndary,of the said SE 1/4 of the NW'1/4 of Section 2; - thence Westerly 519.75 feet along the said Southerly bolundary of the SE 1/4'of ~, ` the NW.1/4 of"Section 2, to the point of beginning. ALSQ EXCEPT the West~414.73 feet of the E 1/2 of the 5W l/4 of Section 2, T. 3N.`, R. 1W., B.M.,,Ada County, Idaho. AND ALSO-EXCEPT a parcel of land situated in the NE 1/4 of the NW 1/4, government Lot 3, Section 2 T.`3N., R. 1W., B.M., Ada County, Tdaho,"more part~Lcularly described as fo17ows: Beginning at the,North 1/4 corner of'saidSection 2, thence ~ along the North section line of said Sectiorl`2 N 89°1,.5'41" W 412,16,feet to a i point; thence S O°15'38" W 528.45'fe~t parallel to the mid-section line of~said Section: 2; thence S 89°15'51" E 412.•16 feet parallel to the North Section line of ' said Section 2 to a point on the mid-section. line of said Section`2p thence ~~~ ~ N 0°15"38" E. 528.45 felt,along the mid.-section .line to the: real.point`af beginning, Ada'Gaunty, Idaho, comprising a net area of 127.7 acres, more or less. . and made a art of'~ fi P be-and the same is_hereby accepted, as requested by t e owners, _ ~ ~ 1 p-Acrperty i s her~eb;/ ~c~~;ed , t~f~r C~t~~ of ~I~?rirlia-~ 11d~ f.n~int~. id~h~7a and- laid i~a ~~a~, Kes~dentia~. t Section Z. -That the City Clerk :shall cause one (l) copy of the legal descript-; ioneand map which shal'1 plainly and clearly designate the boundar~es'aS altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission. within 10 days following the effective date of this Ordinance.'"' ,` Section `3. This:Ordinance sha77 be :in full force and effect from and after ' ~~ its:passage, approval and publication as required by law. ~~' Passed by the City `Council and app"roved by the Mayor of the City of Meridian ~ Ada County, Idaho, this 26th-day of September, 1978. ~,~; Al ~ ~ k p : ~"~ ~~ ~, - ,. ;. P,TTEST ::~ ,/ v :;~, a.. `; ~~ ~~ ~~ ~~ i~ ~:S r~ CRe: #317 Page 70, 12.19,77)<~ ; „ AMENDED ORDINANCE NO. 317 ~~ AN QRpXNANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: A PART OF THE E-1 /2 OF THEW 1/2 OF SECTION 2, T. 3N., R. 1W., B.M,,-:ADA COUNTY, IDAHO., TQ THE CITY OF MERIDIAN, WHICH PRQP~RTY IS ADJACENT AND CONTIGUOUS TO THE. CITY OF MERIDIAN, ADA CQUNTY,'_.IDAHO, ,, "WHEREAS, the C~.ty Council and'the.Mayor of the City of,.Meridianr have ocancluded that it is in the best interest of 'said `City';to annex to said City.certain real property which is described as follows: SUNNYBROOK FARMS ANNEXATION The ;E 1/2 of the W 1/2 of Section 2, T. 3N., R. 1W,, B.M., Ada,Cvuz~tX, Idaho; EXCEPT. Beginning at the Southwest .corner of-the SE l/4 of th4 NW l/4 of Section 2, T. 3N,, R. 1W., B.M., Ada County, Idaho, a~ca said point being the READ POINT OF BEGI~iNTNG; thence Northerly 837.21 feet :along the Westerly boundary of the said SE 1/~# of the: NW l/4 of Section 2, to Nine~iile Creek; thence'~allowing the said NineMile-'Creek in a Southeasterly directv~.,:1005.50 fast, mare or less, to a point on•the Southerly boundary of the-said'SE 1/4 of the NTny'I/4 of Section 2~i thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point-of beginning. ..ALSO EXCEPT the West 419.73 feet of the ~ 1/2 of the SW 1/4' of Section 2, T. 3N R. 1W., B,M,~ Ada County, Idaho. EPT a parcel o~ land situated in the NE l/4 of the NW lf4`, government AND ALSO EXC Lot 3,. Section 2, T, 3N., R. 1W., R.M.,`Ada County, Idaho more }aartioularly described as follows: Bogi:nning at the; north 1/4 corner of said Section 2; thence. along the,' north sectio~i line of said Section 2; N 89° 15' 41" W 412,16'feet to d point; thence S D°lb'3$" W 528,45 feet parallel. to the mid-section `line of said Section 2; thence,S 89°5'41" E 412,16 feet parallel to he north ectjon line of said Section 2 to a point on the`mid-section line a~f said Section 2; thence N 0°16'38" E, ::,528.45-feet along the mid-section line to the real point of..beginning, Ada County, Idaho comprising a net area of 127.7 acres,. more or 1~ss. NOW THEREFORE, SE IT ORDAINED BY; THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN., ADA COUNTY, IDAHO, Section 1, ;That t{le aforementioned real property which is described as fol 1 owe SUNNY$ROOK FARMS. ANNEXATION. , The E lt2 of the t~ /2 of Section ~, T. 3N,, R. 1W., B.M., Ada CQUnty, Idaho; ~ EXCEPT Beginning.at the Southwest corner of the SE 1/4 'of the NW 1/4;of Section 2, T,:3N.' R. 1W,, B:M,s Ada County, Idaho, also said point being the REAL POINT OF - BEGINNING; thence=Northerly 837.21 feet .along the Westerly boundary of'the said SE 1/4 of the NW :1/4 of Section 2, to NineMile Creek;... thence follow'in~ the. said Ninamile Creek in a Southeasterliy direction 1,05.50 feet, more or`,1~ss, to a point an the Southerly boundary af'the ~a.id SE 1/4 of the NW:11A~.of Section 2; thence; Westerly 519.75 feet along the said Southerly boundary of the SE l/4 of the 'NW 1/4 of Section 2, to the paint of beginning. ALSO EXCEPT the Westj414.73 feet of the E l/2 of the SW 1/4 of Section 2, T. 3N., R. 1W., B.M „ Ada County, Idaho. AND AkSO EXCEPT a,parcel of land situated in the NE 1/4 of the NW 1/4, government _ Lot 3, Section 2 T'. 3N., R. 1W., B'.M., Ada County; Idaho, more particularly' -, described as fallpws: Beginning at the North 1/4 corner of'said Section 2, thence along the North .section line of said Section 2; N 89°15'41"' W 412.16 'feet to a point; thence;S 0°15'38" W 52$.45 fP~t paral1:e1 to the mid-secction line nf`said Section 2; thence S 89°15'51'! ~ 412,16 feet :parallel to ths_North Section line of said Section 2 to a poiht on the mid-section line of said Section 2; .thence' N O°15'38" E. 528.45 feet a1Qng the midTseGtion line to the real point of beginning, Ada-County, :Idaho, comprising a net area of 127.7 acres, more or-Jess. be and the same is hereby accepted, as requested by the owners and made a part of t.~~P rity of Meridian, Ada County, `Idaho, and said real, property is hereby coned ~~AA; w:es fd~r~~ia~ . Section:. That the City Clerk steall cause one (1) copy af;the aegal descript- ion and map which shall plainly and clearly designate the boundaries. as altered,,. to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax'' Cammfission within 10 days following the.. effective date-of this Ordinance, Section,'3,, This Qrdinance shall be in`fu1l,force and effect from-and after its passage, approval and publication as required by law. Passed by-the City 'Council and approved by the Mayor 4f the City of Meridian Ada County, Idaho, this 26th day of September, 1978. ..r` ATT EST (Reo #317 Page 709 12.19.77) ~~ AMENDED ORDINANCE NO. 317 AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS> A PART OF THE E 1/2 OF THE W 1/2 OF SECTION 29 T. 3N.s R. 1W.S B.M.s ADA COUNTY9 IDAHO9 TO THE CITY OF MERIDIANS WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIANS ADA COUNTYS IDAHO. WHEREAS, the City Council and the Mayor of the City of Meridian, have concluded that it is in the best interest of said City to annex to said City certain real property which is described as followse SUNNYBROOK FARMS ANNEXATION The E 1/2 of the W 1/2 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho; EXCEPT Beginning at the Southwest corner of the SE 1/4 of the NW 1/4 of Section 2, T. 3N., R. 1W., B.M „ Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837,21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2, to NineMile Creek; thence following the said NineMile Creek in a Southeasterly direction 1,005,50 feet, more or less, to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2t thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point of beginning. ALSO EXCEPT the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho. AND ALSO EXCEPT a parcel of land situated in the NE 1/4 of the NW 1/4, government Lot 3, Section 2 T. 3N., R. 1W., B.M., Ada County, Idaho more particularly described as followse Beginning at the north 1/4 corner of said Section 2; thence along the north section line of said Section 2; N 89° 15' 41" W 412,16 feet t0 a point thence S 0°75'38" W 528,45 meet parallel to the mid-section line of said Section 29 thence S 89°15'41" E 412.16 feet parallel to the north section line of said Section 2 to a point on the mid-section line of said Section 2~ thence N 0°15'38" E, 528.45 feet along the mid-section line to the real point of beginnings Ada Countys Idaho comprising a net area of 127.7 acres9 more or less. NOW THEREFORE9 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIANS ADA COUNTYS IDAHO. Section 1. .That the aforementioned real property which is described as follows: 0 The E 1/2 of the W 1/2 of Section 29 ~'. 3N.s R. 1W.S B.M.9 Ada CountyS Idaho EXCEPT Beginning at the Southwest corner of the SE 1/4 of the NW 1/4 of Section 2S I. 3N.s R. 1W.s B.M.9 Ada Countys IdahoS also said point being the REAL POINT OF BEGINNINGS thence Northerly 837.21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 29 to NineMile Creek, thence following the said NineMile Creek in a Southeasterly direction 15005.50 feats more ov° less to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2, thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 29 to the point of beginning. ALSO EXCEPT the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2S T. 3N.s R. 1W.S B.M.9 Ada CountyS Idaho. AND ALSO EXCEPT a parcel of land situated in the NE 1/4 of the NW 1/45 government Lot 3s Section 2 T. 3N.s R. 1W.9 B.M.s Ada CountyS IdahoS more particularly described as followse Beginning at the North 1/4 corner of said Section 2S thence along the North section line of said Section 29 N 89°15°41" W 412.16 feet to a reins-.; i-hence ~ 0°15'3R" W 5?ft.45 feet parallel to the mid-section line of said Sectio-~ L; therict 5 dg"15'51" L 41<'..Ib feet parallel to the North Section line of said Section 2 to a point on the mid-section line of said Section 29 thence N 0°15'38" E. 528.45 feet along the mid-section line to the real point of beginnings Ada CountyS IdahoS comprising a net-area of 127.7 acres more or less, SUNNYBROOK FARMS ANNEXATION he anti the same is hereby acceptedS as requested by ta,e ownerss and made a part of the City cif Meridian, Ada Cocani.ys IdahoS and said real property is hereby zoned "A" f:es i de-i t i ~~ I . Section 2. That the City Clerk shall cause one (1) copy of the legal descript~ ion and Illdp which shall plainly and clearly designate the boundaries as alteredS to be filed with the Ada County Recorders Ada County Assessors and the State Tax ';~, Commission within 10 days following the effective date of this Ordinance. '; Section 3. This Ordinance shall be in full force and effect from and after ~~ its passages approval and publication as required by law< ~''' Passed by the City Council and approved by the Mayor of the City of Meridian Ada CountyS Idaho, this 26th day of Septembers 1978. ~~~ A ED o y.` 9 ~~~' ATTEST ~~ M - • • ~ ~' - 2 7-? 8 ,tea d . AMENDED ORDINANCE N0, ~l'7~~ AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY 6~THICH IS DESCRIBED AS FOLLOWS: A PART QF THE E 1/2 QF THE W 1/'2 OF SECTION 2, Z'. 3N. , R. 1W, ~ B.M„ ADA COUNTY, ZDA,HC?, TO THE CITY OF MERIDIAN, WHICH PRO~'ERTY IS ADJACENT AND CONTTGfJOUS TO 'X`HE CITY OF MF~'RIDIAN, ADA COUNTY, IDAHO, WHEREAS, the City Council and the Mayor of the City of Meridian, have concluded that it is in the best interest of said City to annex to said city cert,~in real property which is described as follows: SUNNYBROOK FARMS ANNEXATION The E 1/2 of the W 1/2 of Section 2, T. 3N., R. 1W,r BRA4„ Ada County, Idaho; EXCEPT Beginning at the South~~~est corner of the SE 1/4 of the NW 1/4 of Section 2, T. 3N „ Rt 1W,{ B.^+I„ Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thenoe Northerly 837.21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2, to Ninemile Creeke thence following the said Ninemile Creek in a Southeasterly direction 1,005,50 feet, more or less, to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2; thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point of beginning. ALSO EXCEPT the West 414 , 73 feet af_ the E l,/2 of the SW 1/4 of Section 2, T. 3N., R, 1W., B.M., Ada County, Idaho. AND ALSO EXCEPT a parcel of land situated in the NE 1/4 of the NW 1/4, government Lot 3, Section 2 T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the north 1%4 corner of said Section 2; thence along the north section line of. said Section 2; N 89° 15' 41" W 412.16 feet to a paint; thence ~ 0° 15' 38" W 528.45 feet parallel to the mid-section line of said Section 2; thence S 89° 15' 41" E 412.16 feet parallel to the north section line of said Section 2 to a point on the mid-section line of said Section 2; thence N 0° 15' 38" E. 528.45 feet along the mid- section line to the real point of beginning, Ada County, Idaho comprising a net area of 127.7 acres, more or less. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Section 1. That the aforementioned real property which is AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 9?9 EAST FIRST M ERlDIA N. IDAHO 13648 TFLEPMONE 888-4461 described as follows: SUNNYBROOK FARMS ANNEXATION The E 1/2 of the W 1/2 of Section 2, T, 3N., R. 1W., B.M., Ada County, Idaho; EXCEPT Beginning at the Southwest corner of the SE 1/4 of the NW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837.21 feet along the Westerly boundary of the said. SE 1/4 of the NW 1/4 of Section 2, to Ninemile Creek; thence following the said Ninemile Irreek in a Southeasterly direction 1,005.'50 feet, more or less, to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2; thence We~aterly 519.75 feet along the said Southerly boundary of the SE 1/4 c~E ~, e • NOTICE OF ANNEXATION AND ZONING HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian, and the laws of the State of Idaho, that a hearing before the City Council will be held at the City Hall in the City of Meridian, at the hour of 8:00 P.M., on Monday, December 19, 1977 for the purpose of anne~cing and zoning the following described property. Any and all persons interested shall be heard at said hearing. The following described property to be known as SUNNY BROOK FARMS ~1 ANNEXATION and to be zoned "A" Residential: The E 1/2 of the W 1/2 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho; EXCEPT Beginning at the Southwest corner of the SE 1/4 of the NW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837.21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2, to Ninemile Creek; thence following the said Ninemile Creek in a Southeasterly direction 1,005.50 feet, more or less, to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2; thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point of beginning. ALSO EXCEPT the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2, T. 3N., R. lW., B.M., Ada County, Idaho, comprising a net area of 132.7 acres, more or less. The following described property to be known as SUNNY BROOK FARMS #2 ANNEXATION and to be zoned "A" Residential: A portion of the E 1/2 of the W 1/2 of Section 2, T. 3N., R. lW., B.M., Ada County, Idaho, and more particularly described as follows Beginning at the SW corner of the SE 1/4 of the NW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837.21 feet .along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2 to Ninemile Creek; thence following the said Ninemile Creek in a Southeasterly direction 1,005.50 feet, more or less, to a point on the Southerly boundary of the said 5E 1/4 of the NW 1/4 of ~~ Section 2; thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point it of beginning. ALSO, the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, comprising a net area of 30.3 acres, more or less. AMBROSE. FITZGERALD & CROOKSTON ~ ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83842 TELEPHONE 888-4481 ~ ~ D~T~D ~hls ~ day of November, 19770 ~ ty Clerk ~~ AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83642 TELEPHONE 888-4461 ._. '-~, - - - NOTICE OF HEARING PROPOSED ANNEXATION AND ZONING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hear- ing before the Planning and Zoning Commission will be held at the City Hall in the City of Meridian, at the hour of 8:00 P.M., on December 12, 1977 for the purpose of annexing and zoning the following described property. Any and all interested parties shall be heard at said hearing. The following described property to be known as SUNNY BROOK FARMS #1 ANNEXATION and to be zoned 1°A" Residential: The E 1/2 of-the W 1/2 of Section 2, T. 3N., R. 1W.. BoM., Ada County, Idaho; EXCEPT Beginning at the Southwest corner of the SE 1/4 of the NW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837.21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2, to Ninemile Creek; thence following the said Ninemile Creek in a Southeasterly direction 1,005.50 feet, more or less, to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2; thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point of beginning. ALSO EXCEPT the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, comprising a net area of 132.7 acres, more or less. The following described property to be known as SUNNY BROOK AMBROSE. FITZGERALD & CROOKSTON ~`61(g AND RS IRST IDAHO L 88-4481 FARMS #2~ANNEXATION and to be zoned "A" Residential: A portion of the E 1/2 of the W 1/2 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows Beginning at the SW corner of the SE 1/4 of the NW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837.21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2 to Ninemile Creek; thence following the said Ninemile Creek in a Southeasterly direction 1,005.50 feet, more or less, to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2; thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point of beginning. ALSO, the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2,i T. 3N., R. 1W., B.M., Ada County® Idaho, comprising a net area of 30.3 acres, more or less. • G DATED This ,~ ~ day of November, 19770 ~_. ity lerk AMBROSE. FITZGERALD & CROOKSTON ATTORN EVS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 53842 TELEPHONE 688-.4.481 a ''v 0w'°b3 OHDIIJA.'~1CE NC) e ~~ AN ORDINANCE ANNEXING AND ZONING CER`T'AIN REAL PROPE;R~[`Y WHICH YS DESCRIBED AS FOLLOWS s A PART OF THE E 1/2 OF' THE SCI 1/2 OF' SECTION 2 p T e 3ra e p R c 1W e p B e ll e p ADA COUNTY p %I~AfiO p TO TI-IF CITY OF MERIDIAN p WIxXCI3 PROPI'RTY IS ADJACI:N"I' AND CONTTGIJOUS 'I'O THE CITY OF MERIDIANp ADA COL'LVTXa ILAHOe ~TIiEI3EASp t.pia~ City Cep~~:c,il and tho May°ax~ off' the C~~y of Mo~idianp havo eoncludod ~:haf. i.t iv in tho hest intorest o~ said City to anr,ox tf~ said city r_e~: ta~.n x'eal r~x°opoxty which is ciescribo~ ~-~s gezlle~wva SUNIdY3~200I: FARMS APJr1F;XATSO~t~: Thy F l/2 Z?~ t$le W ~.j2 O~ Sectie.?n a:'a '.i e 3N° p Ft, 1We a Li,Me p Add Ccuntyp Naha; EyXyCEPT ~ Beginning at the Se~Ywfil7woS~7~t~O~rDaeArp o~ tho SE 61./4 of rho NVY i/'4 ®~ p~j ~'{,"~.$.~g"1 ~ p T o 3Ltl e p R o 1Nd c p .6J a 1•d e p Ad6~ C~~n 6.~ p d~c')ihQ p else said g~oint be~izzg tkae RE`I~II POINTY OF BFGTNNINGQ tk'a~.'T1C~ 1'V~~tho~ly 83? e 2l foot alone ~.he wostoxly h~sunc~ax~~ ~~ tho sagd sE 1/4 O~ ~.he rrUr 1/4 ~,~ ~octic~n 2p to Ninomilo Cg'o~ke thence following tho said ?Iisxomilo Creek in a Souttieaste~ly di~octi®n 1 p X05 e 5 d ~eot p anoro caa:- loss p ~®a po infix On tho S®uthorly ka®und~ry og tYao said SF' 1/4 of tho rdYW l/4 ~~ S~*ctien 2p .?;once ~~ostorly 519 ®75 feet alonC~ the saiG So'}t~a¢~g11r Lcz?~s~~-~a.~}a car tho ST"' 1;'4 c~ the NW 1/4 of Secti.o~a 2p to the pe)ia~t of heginni.nge ALSO EXCEPT the ~~est 414 , 73 feefi of ~.he ~' l; 2 of tho S~;r 1/4 0~ Socticn 2p Te 3Ne, k~e lWe p Belle p Arta Cc~untyp Idaho, comprisgrig a a~et aroa oi' 132 e 7 acrosp mr~x-o or loss 4 "104>r TFiFREFOREp BE TT ORDAIY'3~:I7 BY TIIF MAYUR ANT) CITX COi]NC%I, OF THE CIT's.' OF iMERT'DIAN p AI?A C'OUN'T'Y p II~AfiU > Soctioz~ i e Th.afi~ tho a~orE~montie~ned real pg®porty which is PMBROSE FITZGE RALD & C~HOOKSTON 471t)HNI. Y•v ANN ~•I1N'.EI nH4 Mt HIl~14N 11411(• t1 tb4~ doscrik~od as follaws: sTJNNYBRO®x FARMS AN~T~~XATION Tddo ~ 1/2 0~ tbdC° V'a J./G (~L a7~1~.' L. .~..o~ ~~ p r.L c ~rd a p Rc .b 7V u p ~ o ~ u p Ad~ C®untyp Idaho; EXCEPT Bog~io~.rai,gng at7 t~hoS~gottafi:hw7ostpycognzoq~g of thepaSE l/4og ytho rd U9 ,i/'4 ~~ a7~~.°tA~~ Gp A7u JLVep ['~c 16'Uep d7 cL•dop Ad~. 4.~~~~~p JLd~dd®p also said point b~inc~ th~* RT.'AL, .I~OZN'T' OF° BF.r,gNNING® thence ~'c~a' i ttc~a' 1 )° €t i'7 , :' 1 4"a~s~ f c~1c>ttjt t tt~~ T~c~aa~t-c~.~ ly° I~c3taaic~ag y o~ the ~dld SF 1/°4 of the Nth 1/4 of Socti®n ~p to Nineana.le Croel~a thence fallowing tho said Nineanilo Creole in a Southeasterly direction 1p~05e5Q feetp more t7x lossp to a paint ®n the Southe~°ly b®undaxy ®f tho said >SF 1/4 cif the NW 1/4 t~f Section ~ a thenco ~desterly 519e75 x"eot along the said Sduthorly houndary o~ the SE ~./~ o~ tho NTnI 1/4 of Section 2p to the point of boginninge ALSO EXCEPT the West 41p4y,73p~eet of the E 1/2 ®g the SW 1/4 ~~ Secetb®$~ 2p Te 3No p Ro 1YYe p UoMo p A~~ C~~~nL~p ~dC~dfl~p. 6®~~g~efT°~.n~. a no~~ axea ®f 132,7 acgosp mare ar-loess 1+~ att.' { Itcs aam~- i ttr.t r1~~' :~~•,-r.~~t E=.3, :a:: T'c~?~jtlci~$ e?~3 ~y° ~tlc? OLd71C?$'S a and shade a p~,x`t of the City of Moxidian p Ada COtantyp Idah®p and said zeal px®porty is her~^k~y ~onod °'A" Residontiale t'~~ ~ OV P T,ARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS INDEPENDENCE PARK N0. 2 SUBDIVISION C ~ ~~~"`` DATED RECORDED INSTRUI~NT N0. 1977 1977 1. The undersigned, being the owners of the property hereinafter described, hereby. adopt the following Protective Restrictive Covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as Independence Park No. 2 Subdivision, a portion of the SN4f Nip, Section 25, T.3N., R.2E., B.M., Adat~ounty, Idaho. 2. The said Independence Park No. 2 Subdivision is divided into lots in compliance with the local and state regulations and laws. 3. That these Protective Restrictions and Covenants shall run with the land described therein and shall be binding upon the parties hereto and all successors in title of interest to said real property or any part thereof, for a period of 20 years, at which time said Protective Restrictions and Covenants shall be auto- matically extended for successive periods of ten (10) years unless the owners of legal title to not less than two-thirds (2~3) of the platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend said Protective Restrictions and Covenants, and such termination: or amend- ment shall become effective upon filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. These Protective Restrictions and Covenants may be amended during the first 20 year period by an instrument signed (and acknowledged) by the owners of not less than $0~ of the platted lots and thereafter by an instrument signed (and acknowledged) by owners of not less than 2/3 of the then platted lots. Such instrument or instruments shall contain, proper references by volume and page numbers to the record of this Declaration in which the Protective Restrictions and Covenants are set forth and all amendments hereof and shall be recorded as provided by law for the recording of deeds. That should ax~y Grantee violate or attempt to violate arty of the provisions of these Protective Restrictions and Covenants, and other person or persons owning arty real property .embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. That the invalidation of any provision, sentence or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way affect or invalidate arky of the provisions, sentences or paragraphs or said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. a) Building Restrictionse All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed by DF.~LARATION OF PROTECTIVE RESTRICTTON~S AND COVENANTS - 1 ' j ,~ - current applicable zoning regulations, and no structure shall be errected upon ,any building site therein, other than one detached single family dwelling, excepting only Lots 6, 15, 2$' 29:,and 30s Block 1{., and Lots 13, 11~ and 23: Block 5, which are designated as two unit townhouses, with none of the dwellings erected to exceed two stories in height® b) Type of Building: All building shall be of frame, stone, brick, concrete block or block or block construction or such other materials of comparable permanency approved in writing by the Architecture Oommittee, and shall be maintained in a good state of repair and if other than brick or stone shall be finished and painted or stained, and such firxish to be kept in good repair and said property shall be used in such manner as to be inoffensive to arty other property owner thereof. c) Minimum Building Size: Unless changed by the Architecture Oommittee as hereinafter described, all dwelling units erected upon single family lots shall have a m;n;rm°m floor area of not less than 1,010 square feet of ground floor area of a one-story house or $60 square feet of first floor area in the case of two-story or split level house (exclusive of garage, carports [a minimum two-car garage required per each dwelling unit] patios, breezeways, storage room, porches or similar structures). d) Building Location: No building shall be located on any single family lot Barer than twenty (20) feet from the front lot lines thereof as shown on the official plat or nearer than fifteen (15) feet from any side street line or rear lot line thereof, or five (5) feet from any side lot line, and all houses located i.ri said lots shall be staggered setbacks as follows: not more than two (2) adjacent building sites may have some setback from front building lot lines thereof minirm~m staggered setback shall be five (5) feet. A minimum of foundation height above curb at front elevation shall be eighteen (1$) inches to assure and provide proper slope and drainage from all lots. e) Building Site: A building site in the case of t1single family lots++ shall consist of at least one of the lots as platted in said official plat and as described in a deed or conveyance or a parcel composed of such residential tracts or portions thereof, or which the depth, frontage and area of said parcel or building site shall equal or exceed the depth, frontage and area of residence tracts as platted in the same block of said plat, providing such parcel will allow full compliance with the min;mum setback restrictions and other covenants as stated herein. f) Moving of Building: Construction of outbuildings - No buildings or structures shall be moved onto said real property or building site except a new fabricated structure of a type and design approved by the Architecture Committee as established under Item ~. herein.' Further provide that a new fabricated building or structure shall have a HUD®FHA structural engineering bullentin issued and is in current existence. No trailer houses, mobile homes boats, campers, motor homes or other recreation vehicles-including ra ers, shall be pare i Bet or within building setback lines, and the areas for the storage thereof shall be screened from o s e s nei on aterials as are approved by the Architecture Committee. No trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding erected or placed on a building site shall at any time be used as a residence, whether temporarily or permanently, nor shall any residence of a temporary character be permitted. At the discretion of the undersigned original owners only, a temporary material and tool storage building or enclosure and~or a contractor+s construction or sales office will be permitted DEOLARATION OF PROTECTIVE RESTRIOTIONS AND COVENANTS - 2 ~~ti `,, ~_ t, v during the initial development of said subdivision, all of which shall be removed as soon as practical or on the direction of the owners no later than termination of development. g) Billboards - Signs: No sign of any kind shall be displayed to the public view on any residential building site except for political signs permitted by local ordinances, and except one professional sign of not more than five (5) square feet advertising the property for sale or rent, and except that during the construction period, a professional sign-.advertising development of the said subdivision may be used and. will be removed upon completion of said subdivision or at the direction of the owners but no later than termination of the development. h) Prosecution of Construction Work: The construction of each dwelling and associated structures shall be prosecuted diligently and continuously from the time of commencement thereof until such dwelling and associated structure are fully completed and painted. .All structures shall be completed as to external appearance, including finish painting, within eight ($) months from the date.of commencement of construction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. i) Oil and Mini ma Operations: No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or ixi any lot' nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or iri any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon arty lot. j) Excavation, Defacing of Landscape, Ditches: No excavation for stone, sand, gravel, earth or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an improved structure thereon. No irrigation, drain or waste water shall be permitted to flow in open ditches to or on ashy lot in said subdivision. k) Refuse Disposal-Material Storage: No lot shall be used as a camping ground for rubbish or as a storage site for building or other materials, trash, garbage ashes and other waste or refuse. Such materials shall be kept only in suitable sanitary container and shall not be thrown, dumped or otherwise disposed of upon the real estate. All incinerators or other equipment for the storage or disposition of such material shall be kept in a clean and sanitary condition with such material being periodically disposed of as required by appropriate local health authorities. 1) Fences - Hedges: No fence, wall, hedge or shrub planting which obstructs sight lines at elevation between ly and $ feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the inter- section of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. No fence, wallp hedge or shrub planting shall be placed nearer to front lot line, or to street side lot line than permitted by local ordinances. Fences or walls shall be constructed of new materials and shall be redwood, cedar, block, brick, chain- link or a combination thereof, or such other materials as are approved in writing by the Architecture Committee. No fence shall be greater than six (6) feet in nF,c~'.nRaTION OF PROTECTIVE RESTRICTIONS AND COVENANTS - 3 i height above finished graded surface of the ground upon which such fence, wall, hedge or shrub planting is situated, without the written approval of the Architecture Committee. m) Noxious Uses of Property-Spite Fences: No portion of the real property or of a building site or arty structure thereon shall be used for the conduct of any trade or business or the conduct of any business or professional activities, and noxious or undesirable acts, or undesirable use of any portion of the real property is prohibited and shall not be permitted or maintained. The determination of the undersigned owners that any activity or use is undesirable or noxious shall be conclusive upon all parties. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the undersigned owners that any wall, hedge, fence or tree falls within the latter category shall be conclusive upon all parties. n) Animals: No wild or domestic animals, birds or fowl of any nature may at any time be maintained on, in, or about any lot of said subdivision, excepting small domestic pets, providing, however, thaht in no case shall pets be permitted for any commercial purpose or allowed to become noxious, offensive or undesirable to other owners therein. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not .be allowed to run at large. Not more than two dogs and~or cats or other pets may be kept at one time, except that a litter of young may be kept until 8 weeks old. o) Wells anal Water Systems: Only the undersigned owners, or a corporation or compar~y' approved by the undersigned owners, may act in the capacity of a water company to furnish water for use by the Grantees on any building site. The Grantees may not at any time drill or excavate a well and shall only use water from the central water system installed by the undersigned owners, or extensions and additions to the system which the undersigned owners, or the corporation or compar~y approved by the undersigned owners, may install. The Grantees shall draw water from the public utility corporation authorized to serve the area under public utility permit, such to be at the Grantee+s expense. p) Irrigation Water: The undersigned owners will provide a system of ditches or pipes for the delivery of irrigation water to each lot in this subdivision each lot owner may avail himself of the irrigation water according to es, the Nampa-Meridian Irr' s rict, the Boise Project Board of Control, and a Water ci 1,.2, Chapter 13, Idaho Code. contained herein shall constitute any warranty, either express ~.mplied, that the undersigned owners shall have any responsibility beyond construction of the delivery system. q) Bathroom, Sink, Toilet and Other Water Using Conveniences: All bathrooms, sink and toilet facilities' etc., shall be inside the dwelling house or garage and shall be connected by underground pipes with a central sewage disposal system of a design, location and construction approved by the Building Department and Public Works Department of the City of Boise and the state health authority having jurisdiction. No individual disposal system shall be used. A sewer line will be constructed on DECLARATION OF PROTECTIVE RESTRIC`!'IONS AND OOVENANTS - ~ 1 -' ~f ~ the adjacent front or side street to or along arty lot line of a building site upon which a dwelling structure is located, and said bathroom, sink and toilet facilities, etc., shall, within ninety (90) days after the completion of said sewer line, be connected therewith by the Grantee at the Granteefs expense, and the Grantee hereby agrees, for the privilege of connecting with such line, to pay his pro rata share of any local improvement district, sewer district, public utility or other costs of the-facility to which he has connected which is necessary to provide the service used by him, as well as to pay a proper pro rata charge for the capacity of the treatment plant used by him and the service charge of any such treatment plant, as well as the connection and service fees established by the City of Boise. r) Utility and Electric Service: All lots will be served by underground utility, electrical and telephone lines, and no above-surface distribution lines or poles shall be installed. The services shall be installed in road or easement right- of-war as platted. Each Grantee agrees at his sole expense to pay connection charges as established by applicable utility entity for underground service facilities as the condition precedent to connecting thereto. The undersigned owners shall not be liable for the cost thereof but may recover funds advanced,if any, to obtain initial installation. le.. No building shall be erected, placed or altered on any building lot in this subdivision until the building plans, specifications, and the plat plans showing. the location of such. building shall have been approved in writing evidenced by stamp or initials on the plans and specifications as to conformity and harmony design with existing structures in the subdivision and as to location of the building with respect to topography, property lot lines and finished ground elevation and other matters described in these covenants by an Architecture Committee composed of Dennis M® Baker, Max A. Boesiger, and Paul White, all of Boise, Idaho, or by a representative designated by a majority of the members of said committee. In the event of the death or resignation of ar.~y member of said committee, the remaining members shall appoint a representative of the undersigned owners or other property -owner ixi the subdivision to fill the vacancy. The said committee shall have full power to approve or disapprove such designs or location within fifteen (15) days after such plans and specifications have been submitted to it. The approval must be shown by the committeees stamp or initials on such plans and specifications. No member of such committee, nor its designated representative, shall incur liability by reason of arty act or omission in exercising the duties herein established for such committee. In addition to authority granted by the provisions hereof, the Architecture Committee shall have the authority to: a) Establish statndards as to roof materials and exterior materials (including colors) used on portions of any building or other structures (including fences) which are visible from the streets to maintain a high quality appearance for the structures built in this subdivisionp and b) Revise the standards established in sub-paragraphs (b), (c), (d), or (e) of Paragraph 3 or Paragraph 5, if consistent with the objective of maintaining the quality of the building in this subdivisionp and Provided that no such act or decision allowed by the foregoing Paragraphs (a) or (b) may be effective except on fifteen (15) days written notice to all the owner of lots in the subdivision and any such act or decision of the Architecture Committee many DECLARATION OF PROTECTIVE RESTRICTIONS A1~D COVENANTS - 5 ~~ ^ be reversed, amended or vetoed during such fifteen (15) day period by the affirmative vote of the owners of 60~ or more of the lots in this subdivision. Any such decision which constitutes a change of standards established herein shall be evidenced by a written document signed by the Architecture Committee and recorded. 5. Landscaping. Each lot shall have in the front yard rolled (sod) lawns and two deciduous trees at least 1 2~ in diameter and such rolled lawn and trees shall be in place within 60 days after the completion of construction of any building on such lot. If such rolled lawn and trees are. not in place by said deadline, declarant may cause the same to be purchased and place on said lot and charge the cost thereof to the owner of said lot, and such charge shall be a lien on said lot enforceable in the manner of other mechanics° or contractors® liens under the laws of the State of Idaho. 6. The undersigned owners further reserve to themselves, their licensees, successors and assigns, the right and power by instrument filed of record to vacate and relocate (or to plat new streets), any street or alley as long as the undersigned owners own each of the parcels which are adjacent to the street, both vacated and relocated on the new and old right-of-way and provides an adequate roadway in place of arty vacated. Provided, nevertheless, vacations and relocations easements, rights-of-way and streets allowed hereunder shall be made in accordance with the minimum standards of the State of Idaho, Ada County, and Boise, Idaho, laws, ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements. This provision shall not be deemed to include any provisions of statute giving arty Grantee hereunder the right to object to such variances, relocations, vacations, and dedications, and such rights of protest are transferred to the undersigned owners hereunder. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city of county having jurisdiction and the requirements of the city or county ordinances relating to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these restrictive covenants. This limitation shall apply in particular to locations, public easements and ways where the same are particularly required by such ordinances but not set forth herein. 7. Any amendments hereof, shall be first subject to the approval of the Veterans Administration and the Federal Housing Administration. Any amendment must be recorded, and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned has hereunto caused its name to be subscribed and its seal affixed, pursuant to a resolution 'ts Board of Directors, by its President and Vice-President this day of , 1977 `' ~'' • : B.B.C. , Incorporated _ '4% ,T Li 1 - x L~ ' ''J$' • •~ ~ ` ~:j. ~` sP i ..c3 ° ,.~, ~ -~ Dennis M. Baker, President ~; ~~~ ~„ ,., c ` ~f / ~~ ~ ~~ ~ ax A Boesiger, Vice-Preside DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS - 6 :~ .. STATE OF IDAHO ) ss County of Ada ) On this day of f~'~~Q~ , 1977, before me a Notary Public in and for said State, personally appeared Dennis M. Baker and Max A. Boesiger, known to me to be the President and Vice-President of the corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IlV WITNESS NHEREOF, I have hereunto set my hand and affixed n4Y official seal,, the day and year, in this certificate first above written. .~~y''' ~',t t t't; tt~,'tt'r..~f ~. . n NOTARY PUBLIO f Idaho ~~"~' Residing at Bois , Idaho ,;~ ~ ~~~ „ .; : ~^`' ' My commission expires: L~. ~5 ~ ~(~ ~:~ " ~ ~ L. DEOLARATION OF PROTEOTIVE RESTRIOTIONS AND OOVENANTS - 7 k ~ vl P. ~,. y ' .i Y AMENDMENT TO DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS INDEPENDENCE PARK N0. 2 SUBDIVISION DATED; RECORDED: INSTRUMENT NO.; Amendment pertains to Pages 1. and 2, Section 3 (a) BUILDING RESTRICTIONS a) Building Restrictions; All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed by current applicable zoning regulations, and no structure shall be erected upon any building site therein, other than one detached single family dwelling, excepting only Lots 6, 15, 16, 28, 29 and 30, Block ti,, and Lots 13, 11~ and 23, Block 5~ which are designated as two unit townhouses, with none of the dwellings erected to exceed two stories in height. ~, ~~~" --C~,.B.~®~~' INCORPORATED: .- ~'_ ,. ~:~-~ ~.. Pr ~ J , STATE OF IDAHO ,. COUNTY-OF ADA ss. ~` I~~ Dennis M. B er, Pres~den Max A.~Boesiger, ice-Presi/ t On~ this ~O~l. day of`%' 1977, before me, a Notary Public in and for sa~.d State';personally appeared Dennis M. Baxer and Max A. Boesiger known to me to be the President and Vice-President of the corporation that executed the within instrument or the persons who executed the instrument on behalf of 'said corporation, and acknowledged to me that such corporation executed the same. `: .IN WITNESS WHEREOF, I have hereunto set my hand and affixed ~Y official seal-the day and year in this certificate first above written. •''~<, .~~. ~' _ t'r~ //~/ ~3 ~ ' I Notary Public forte ate of Idaho - _.._ ~ Residing at Boise, daho My commission expires ~.~5/$0 `, J - STATE OF IDAHO, COUNTY OF ADA. S ~ C~'L~ Filed for record at the request of day of19~~ Min. past~o'clock,~M- this LARENCE A. PLANT NG 1Recorder ~ Deputy BY .J-U-B ENGINEERS, INC. 5903 Frankiln Road • eoiso, Idaho 83705 Project: 7771 Date: November 14, 1977 DESCRIPTION FOR B. B. CORPORATION ANNEXATION TO CITY OF MERIDIAN A PORTION OF TiiE E 1/2 W 1/2, SECTION 2, T.3N., R.1W., B.M., ADA COUNTY, IDAHO The E 1/2 of the W 1/2 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho; EXCEPT: Beginning at the Southwest corner of the SE 1/4 of the NW 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837.21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2, to Ninemile Creek; ~ thence following the said Ninemile Creek in a Southeasterly direction 1,005.50 feet, more or less, to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2; thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point of beginning; ALSO EXCEPT: ' the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, comprising a net area of 132.7 acres, more or less. Prepared by: Gary L. Rodenspiel, L.S. DMP/DGP:dm J-U-B ENGINEERS, Inc. J-U-B ENGINEERS, INC. 5903 Franklin Road • eoiso, IdaAo 83705 Project: 7771 Date: November 14, 1977 ~ ~ ~~ ~2~ l DESCRIPTION FOR B. B. CORPORATION ANNEXATION TO CITY OF MERIDIAN A PORTION OF THE E 1/2 W 1/2, SECTION 2, T.3N., R.1W., B.M., ADA COUNTY, IDAHO The E 1/2 of the W 1/2 of Section 2, T.3N., R. ltd., B.M., Ada County, Idaho; EXCEPT: io Ip in Beginning at the Southwest corner of the SE 1/4 of the NW 1/4 of Section 2, T.3N., R.ZW., B.M., Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence Northerly 837.21 feet along the Westerly boundary of the said SE 1/4 of the NW 1/4 of Section 2, to Ninemile Creek; thence following the said Ninemile Creek in a Southeasterly direction 1,005.50 feet, more or less, to a point on the Southerly boundary of the said SE 1/4 of the NW 1/4 of Section 2; thence Westerly 519.75 feet along the said Southerly boundary of the SE 1/4 of the NW 1/4 of Section 2, to the point of beginning; ALSO EXCEPT: the West 414.73 feet of the E 1/2 of the SW 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, comprising a net area of 132.7 acres, more or less. Gary L. Rodenspiel, L.S. DMP/DGP:dm Prepared by: J-U-$ ENGINEERS, Inc. e ~ U-B ENGINEERS, INC. ~3 Franklin Road - B°Ise, Idaho 83705 ~ • Prod ect : 7771-06 Date: March 1, 1978 DESCRIPTION FOR SUNNYBROOK FARMS N0. 1, _ A SUBDIVISION PORTION OF TAE E 1/2 SW 1/4, SECTION 2, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO Beginning at a brass cap marking the Southwest comer of the SW 1/4 of Section 2, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, also said point being the REAL POINT OF BEGINNING; thence along the following courses and distances to iron pins: thence North 88°38'31" West 912.02 feet along the Southerly boundary of the said SW~1/4 of Section 2, which is also the centerline of Cherry Lane; thence North 0°17'24" East 745.00 feet along a line Easterly of and par- allel to the Westerly boundary of the E 1/2 of the said SW 1/4 of Section 2; thence South 89°42'36" East 90.00 feet to a point of curve; thence Southeasterly along a curve to the right 31.42 feet,. also said curve having a central. angle of 90°Ob'00", a radius of 20.00 feet, tangents of 20.00 feet and a long chord of 28.28 feet bearing South 44°42'36" East to a point of ending of curve; d thence South 89°42'36" East 50.00 feet; thence North 0°17'24 " East 10.00 feet along a line. Easterly of and par- a11e1 to the said Westerly boundary of the E 1/2 of the SW 1/4 of Section 2; thence South 89°42'36" East 100.00 feet; thence North 0°17°24 " East 45.00 feet along a line Easterly of and par- allel to the said Westerly boundary of the E 1/2 of the SW 1/4 of Section 2; thence South 73°10'00'° East 112.22 feet; thence South 51°40'00" East 125.02 feet; ~. thence South 27°45'00" East 150.00 feet; thence North 62°15'0011 East 150.00 feet; thence South 27°45'00" East 8.55 feet; thence North 71°43'00" East 82.89 feet; ~.J-U-B ENGINEERS, INC. ~3 Fro~ktle Road • 8ols°, Idaho 83705 • Project: 7771-06 Date: March 1, 1978 Page: 2 - Sunnybrook Farms No. 1 thence South 89°44'22" East 160.00 feet; thence South 0°15'38" West 645.06 feet to the point of beginning, comprising 14.26 acres, more or less. Prepared by: ~Y ,~~~~~ o . ...~~ D. Michael Preston, P.E. EWW/JDW:dm J-U-B ENGINEERS, Inc. _• ~ • ,~- DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS SUNNYBROOK FARMS SUBDIVISION, Meridian, Idaho DATED ~~ ~ ~_ ~ ~~ , 19 78 RECORDED 1978 INSTRUMENT NO. /~,~ 1. The undersigned, being the owners of the property hereinafter described, hereby adopt the following Protective Restrictive Covenants' in-their entirety to apply to real property to be subdivided and con- .. tained in a subdivision to be known as Sunnybrook Farms Subdivision, a portion of the Ez, SW%, Section 2, T,3N., R.IW. B.M., Meridian, Ada County, Idaho. 2. The said Sunnybrook Farms Subdivision is divided into lots in compliance with the local and state regulations and laws. 3. That these Protective Restrictions and Covenants shall run with the land described therein and shall be binding upon the parties hereto and all successors in title of interest to said real property or any part thereof, for a period of 20 years, at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten (10) years unless the owners of legal title do not less than twa-thirds (2/3) of the platted lots, by an instrument or instru- ,a, ments in writing, duly signed and acknowledged by them shall then termi- nate or amend said Protective Restrictions and Covenants, and such termi- nation or amendment shall become effective upon filing of such instru- ment or instruments for record in the office of the Recorder of Ada County, Idaho. These Protective Restrictions and Covenants may be amend- ed during the first 20 year period by an instrument signed (and ac- knowledged) by the owners of not less than 80~ of the platted lots and thereafter by an instrument signed (and acknowledged) by owners of not less than 2/3 of the then platted lots. Such instrument or instruments shall contain proper .references by volume and page numbers to the record of this Declaration in which the Protective Restrictions and Covenants are set forth and all amendments hereof and-shall be recorded as pro- vided by ..law for the recording of deeds. ., , That. should any Grantee violate or attempt to violate any of the pro- visions of these Protective Restrictions and Covenants, and other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempt- ing to violate any of the said Protective Restrictions and Covenants, .and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. That the invalidation of any provision, sentence or paragraph contain- ed in these Protective Restrictions and Covenants by judgement or court order shall in no way affect or invalidate any of the provisions, sen- tences or paragraphs or said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS - 1 •i ~ . ~~ ~'\ a} Building Restrictions: All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed by current applicable zoning regulations, and no structure shall be erected upon any building site therein, other than one detached single family dwelling. None of the dwellings erected to exceed two stories in height. b} Type of Building: All buildings shall be of frame, stone, brick, concrete block or block or block construction or such other materials of comparable permanency approved in writing by the Architecture Committee, and shall be maintained in a good state of repair and if other than brick or stone shall be finished and painted or stained, and such finish to be kept in good repair and said property shall be used in such manner as to be inoffensive to any other property owner thereof . c) Minimum Building Size: Unless changed by the Architecture Com- mittee as hereinafter described, all dwelling units erected upon single family lots shall have a minimum floor area of not less than 1,040 square feet of ground floor area of a one-story house or 860 square feet of first floor area in the case of two-story or split level house (exclusive of garage, carports (a minimum two-car garage required per each dwelling unit) patios, breezeways, storage room, porches or similar structures}. d) Building Location: No building shall be located on any single family lot nearer than twenty (20) feet from the front lot lines thereof as shown on the official plat or nearer than fifteen (15} feet from any side street line or rear lot line thereof, or five (5} feet from any side lot line, and all houses located in said lots shall be staggered setbacks as follows: not more than two (2) adjacent building sites may have some setback from front building lot lines thereof minimum staggered setback shall be five (5} feet. A minimum of foundation height above curb at front elevation shall be eighteen (18l inches to assure and provide proper slope and .drainage from all lots. e) Building Site: A building site in the case of "single family lots" shall consist of at least one of the lots as platted in said official plat and as described in a deed or conveyance or a parcel composed of such residential tracts,Qr portions thereof, of which the depth, frontage and area of'sai:d parcel or building site shall . equal or exceed the depth, frontage and area of residence tracts as platted in the same block of said plat, providing such parcel will allow full compliance with the minimum setback restrictions and other covenants as stated herein. f} Moving of Building: Construction bf outbuildings - No buildings or structures shall be moved onto said real property or building site except a new fabricated structure of a type and design approved by the Architecture Committee as established under Item 4 herein. Further provide that a new fabricated building or structure shall have a HUD-FHA structural engineering bulletin issued and is in current existence. No trailer houses, mobile homes, boates, campers, DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS - 2 ' .. .. _ ._ ~,. __.,. ... ._-.~. ~____-__ .. u-( cPAR1U~4? Lh N~t:51NG Ar+7 L~;RSh G;.'rELC, _ FEOERaLttCl,S!~JGac4~VIS.n'ATION d Sponsor's Name: .Max f3oesi~er, Inc. Srreer Address: _ 3710 Camborne Boise Ada Idaho 83704.. Can or Countr 5totr_ _ ZtP Code Phone: ~ ~S'°J Area Cede , 4.J APPLICATION FOR SUBDIV1510N FEASIE3tLITY ANALYSIS ~ A feasibili~y analysis of this proposal is requested end the following exhibits are enclosed: 1~ ~~~~~~\~ © Location 1Aap Optional information submitted ® Preliminary Subdivision Plgn 7th ' Signed FHA Form 2010 - GENERAL INFOR>AATIGN:- 1. Sponsor is []Land Owner ~tion Haloer 2. Size of this Purcell. _ 3. Number of Lots; - - ~_ 4. Typical Lot Sizc: 8,400 5. Adjacent Lcnd Under Sponsor's Control-: 26+ Acres - 6. Other Land Uses; None 7. Sponsor will; development Iced and build homes; initicl plan is to start- homes in to price .range. ~X .develop loud end sell improved dots. ' ~] produce finished typical building sites at a price of ~ T1.000 0 limit site grading to minor redistribution with house foundations in ncturol soil. construct house foundations on soils enginePrad cuts and fills. 8. Any Special Assessments? ~ Yes ®No if yes, deserib-.under Remarks. 9, Anyf.linerv! Reservations? [,Yes [X~No If yes, descri be~under R@mark S. Soils Report ~ Topographic Dato Q Preliminary Grading P1cn n Other - FHA File y l~.(yy~-S~_~ Subdivision Nome: ~ y~'~i ~ ~~ k f 1 ~ ~ Tract Number ~ ~ ~. /a~/~ I ~f ~ a Location: ~ ~ 'trr L~_k~ ~ a ~ ~H r i g or Certification of Intent trot to ;iar::et Housing (Form HUD 935.1) 10. Is Tentative }Aap approved by Locvl Authorities? © Yes ~ No 11. Is Plot recorded? ~ Yes (~; pJo 12, Covenants recorded? ~ Yes {~ No - ~ li'ill be idcnticcl to rrevious unit. 1Yiil conform with FHA Dc'a 5h-ct ;0. 13. v. Water System: f Y ~ Control (Public or Community) (~ Individual b. Sewercve System: ~ Control (Public or Community) Individual 14. Proposed Street ImproveTents: ' Pavement Bose 8 1/2 ' YJearing 5urfcce ~ 1~2 ~ , Curb and-Gutter ~ Sidewclks 15. Underground electric and telephone? C Yes ~ No (Explain under Remarks} 16. Gas ~ Yes ~ No I 17. Will devcloprnent include common area? ^ Yes XCf No (Describe facilities end maintenance under Remarks) 18. Sponsor [~ hos• ~ has not previously devl(wirh this FHA office. ~ has dealt with other FHA offices (Exolnin under Remarks). REMARKS: PEG•E[VED FEDERAL H`I!.ISI?J6 AO~ri111STRAT1011 ~;;~: 1 ~t 1~; BOIUE. ID~~uO ~ INSURING OFFICE cr2TtFlcnr~ '"~' ~ '•' \\ 1 ~' `H4TEAl1. .../ . +-j GIVE- ~ ~t II • ~ u0' i 30 I 0 ~ c ~ \ ~ ~ j ~_,ti, ~p`• .t ~ --- -----~ ----'--- it 0 ~~ ~\' ~ ~ ~ ~i~ l IIO' Ti. 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I i--_. .. .._~1 In ~ ~ f ~ ~ ~S ey,, J;I. i~bll C 0 `4- N N I ,. uo' r' Pt a°. <1'}- aa• o°. ~o °• °. 50' ~ - 00 0 1 r D~ ~, m 'A ci ~ N S• 45' t10' ~= ZY- - + I t^ ~ % ~(~ ~o,. P\\ a DRIVE!_ a II '~ uo I ~~~ A /_ o ~~ rpP ~ I ~' I m OI C. " eo' 95' .. I I O m 'R i J ;n_ o IT n H , _ ~ PLC _ ~ ~ I ' 1 ~ I 100' 70' . - _ u. _ o N I I! 1` ~ y - M_ IST ~ S° V O°\ II J - \ O. O ~ IN• I ~'~ I \~ ~. J ~ -C ~ A 56 mss. o 12G' I . ' ~ • -, t 1 ~ \ / O m .o '; N ho ~ b~~ o. ~,~~ 941 ~ °~\ ° `'.~ L'• 51~? no'r j I~~ 1.~. N A `t'' ~~ 1c N O. 00\~~ i} ~~~ '-' '\TOI: --~~~ I~ fill _ x 111 k 1 q5' ~ t05' ; © t ~1~::~ '\ O 4\ 60• 4 Q. .. .\'. I'. 1' V L7 y. ~ G _ ~ 6S 4- .r. _. Q~' u; Later. / - t:l ~` apt ~: ~ s Ia ~ m H ~ ~.. -= v. ~ , nG' I ~ l ' i' \ I i'. I.. ~ •. •~., s_. o PG ~ '1 ICS ~ ': ~i.~ I Q 7y'l 4,.. J• TO ./0 75' 70 100 • '~ I t - 'm V .I I n d .' F. m b ~ 9:^^ fIj ~~1"e! R_~t 1 _ v ~ ti ~ i .t i o z n ,, [at y 2 ~~tr y ~ ~ ~, r'1 ~f r T - ~~ ;~ ~ ~. p ..~.~ 0 ~m ~~ t~ iY~;~~' , ~I~ EII t J I ~ R. ~'~' ~I I ,~1 ~II i x' Ij f ?~ ' p:...:1..~+if1l;i~i.~° t-I~ ';~i~^~Fi,ti.ti t o Y; ~ Iil :p .eE -?~ a 'F''~ 1 ii ~ ~ S~ ^~ .- 1234 MERIDIAN ST. MERIDIAN, ID 83642 208-888-5241 MAY 3 0 RECD Robert G. Sorcic, E.T. Ada. bounty Highway District 318 East 37th Street ' Boise,-Idaho 83701 May 21~, 1978 Ret Sunnybrook Farms No. 1 Surety Agreement Dear Mr. Sorcic: " ' Reference is made to your., letter of May 10, 19''(8, in which you request that we provide you with a Surety Agreement in the amount of the cost for completing the asphalt paving, curbs and sidewalks .for the subject project.. (fur construction costs are as follows: PAVING ~_ - 9600 S.Y. less 1,520 S.Y = 8,080 S.Y g,o8o s.Y. X $2.95 = $23,836.00 SIDEWALKS AND CURBS 46801 of 5t sidewalks Q $3.99 L.F. 18,b73.00 1+2001 of rolled curbs and gutter ~ $2.13 L.F. 10,206.00 14~- x 165 cross drains ~ $5.85 L.F. 6 X00 53 Please find attached copies of our contract agreements and a letter df credit from the Idaho First National Bank, Meridian Branch in, the amount of 110 of the above total figure. Sincerely, *~ Cherry Lane Trust Account Max A. Boesiger MAB~~kb enc II~IDEPEIYDEI~ICE PARK BOISE nfl roo ~ I'I~1S ~ d MERIDIA[Y MABCO, mc. BOESIGER PARK MOCiI`1TAIl`i HOME